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HomeMy WebLinkAbout#8111-Swift ZBA application g11 ) Received FORM NO. 3 MAR 0 9 2026 TOWN OF SOUTHOLD BUILDING DEPARTMENT Zoning Board of Appeals SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: August 21,2025 Revised: March 2,2026 TO: Elizabeth Swift 725 Park Ave Hoboken,NJ,07030 Please take notice that your revision dated January 24,2026: For permit to: legalize additions and alterations,to an existingaccesso garagge to include second story conditioned art studio with an HVAC system at: Location of property: 1690 North Ba view road Southold NY County Tax Map No. 1000- Section 70 Block 12 Lot 37 Is returned herewith and disapproved on the following grounds: The @§built alterations to the a_c_ge_ssga garage,on this non-conforming 23,527 sff lot floc I40 Distct is not allowed, vhLrsuant,to Southold''Town Code Article III Section 2 0-13 C,j2prmingd,,accessoa uses. In conjunction with BPS`51567 Authorized gnature 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 OF APPEALS AREA VARIANCE House No.1690 Street: N.Bavyiew Road Hamlet: Southold Received (�I I SCTM 1000 Section: 70 Block: 12 Lot(s)37 Lot Size: 22,526.66 Zone R-40 MAR 0 9 2026 I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BU� jfNCj399bFxM1S DATED ,A." Z BASED ON SURVEY/SITE PLAN DATED 518-22 Owner(s): Elizabeth& David Swift Mailing Address:725 Park Avenue,Hoboken NJ 07030 Telephone:_917-705-2423_Fax: Email:_ NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Patricia C.Moore Es . for(X)Owner( )Other: Address:51.020 Main Road Southold NY 11971. Telephone:631-765-4330 Fax:_Email: cmoore moorea s.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X )Authorized Representative, ( )Other Name/Address below: WHEREB,TH BUILDING'INSPECTOR REVIEWED SURVEY/SITE PLAN 030 DATED t , .� and.DENIED ANOA. PLICATION DATED_ i/,7, ,�; FOR: (X)Building Permit-conditioned space as Art Studio ( ) 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: Section: Subsection: Type of Appeal. An Appeal is made for: (X)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law- Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Request for Reversal or Overturn the Zoning Officer's Denial Other A prior appeal has, ( ) has not been made at an time with reel ect to this proper ,U ER Appeal No( ). 4 l l-7 Year(s). a 1 7 Og �(�vj lLl^ec�1 ri Page 2,Area Variance Application 0 1 I) Revised 6/2023 Received REASONS FOR APPEAL )) MAR 0 9 2026 (Please be specific,additional sheets may be used with preparer's signature nota"YodAing 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: A building permit was issued for the alterations/additions to the existing garage with storage on the second floor of the garage. The application for a building permit included on the second-floor insulation, air conditioning&heat(conditioned space). The structure was constructed,as shown on the plans.The insulation inspected(Nancy), and on the second inspection(John)a"stop work order"for"conditioned space"was issued even though the plans showed this detail. The owner is an artist(ceramics and pottery)which has become a passion. This space will be her private art studio. Ceramics and pottery were listed as recognized"artist"by the Zoning Board in your interpretation of a"workshop"/"Artist studio"accessory use(appeal#7454&7457). Attached is the series of questions considered by the Zoning Board to authorize use of Elizabeth Swift's space as an artist studio. See attached There is no exterior change to the existing structure,the space is within the 2°d floor of the garage(293 sq.ft.), it is the owner's home and Elizabeth Swift hopes to enjoy all her free time in her own ceramic studios. She tries to spend three days a week and weekends in Southold. Her children are grown up (youngest in college)and her free time is in the art studio. Her own private studio in Southold is a dream come true. 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 building permit was issued for the garage alteration showing the conditioned space. The house has no basement and this space will also be used as storage. They were surprised that using the space(not otherwise taken up by storage)for her pottery(private art studio)would necessitate a variance. In review of the standards for an art studio,Elizabeth Swift should be entitled to have an art studio for her pottery and ceramics. 3. The amount of relief requested is not substantial because:the relief is minimal. It is Elizabth's private space. There is no change to the exterior of the structure,or in the character of the community. The use is "residential"and accessory to their residence. The clay used for pottery and ceramics is very sloppy. Most suitably isolated to an art studio. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the garage is in the front yard,conforms to the required setbacks, and was issued a building permit for the additions&alterations. 5.Has the alleged difficulty been self-created? {X }Yes,or { } No Why:They relied on the building permit for"storage"but did not know that using any part of the space as an"art studio"required Zoning Board approval. The space is finished,in compliance with the building permit issued. The drawings showed the condenser for conditioned space. An artist studio has been permitted by the Board. • Are there any Covenants or Restrictions concerning this land? {x } No { }Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. By signing this document,the PROPERTY OWNER understands that pursuant to Chapter 280146(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. ignattire of Applicant or Authorized Agent MAR 0-9 2026 (Agent must submit written Authorization from Owner) Zoning Board of Appeals Sworn to before me this 6-day of Notary Public E N MESSINA STATE OFNEWYORK o.OIME0002965 Suffolk County ns Much 1T, BOARD MEMBERS r Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CO-% Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento So hold, http://southoldtownny.gov MAR 0 ZONING BOARD OF APPEALS l TOWN OF SOUTHOLD � ,ccI gat -- Tel.(631)765-1809-Fax(631)765-9064 - y, 3 1l a d9771— FINDINGS,DELIBERATIONS AND DETERMINATI r ° E B 19 2021 MEETING OF FEBRUARY 4,2021 eWl a rre ZBA FILE:#7454 NAME OF APPLICANT: Thomas Ryckman and Pamela Wilson PROPERTY LOCATION: 1405 Village Lane,Orient,NY SCTM#1000-25-3-1 'SFALRA DE"'I`E AT & The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINJOM& QQDE: This application was not required to be referred to the Suffolk County Department bf 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 FACTSME C ON: The subject property is a non-conforming 5,785.2 square foot parcel located on a corner lot with two front yards in the R-40 Zoning District. The northerly property line measures 116.26 feet and is adjacent to Orchard Street,the easterly property line measures 56.72 feet,the southerly property line measures 115.60 and the westerly property line measures 43.45 feet and is adjacent to Village Lane. The parcel is improved with a two-story framed dwelling with an attached 14.9 x14.6 feet screened porch in the rear yard. There is a detached one-car garage located in the rear yard with an entrance from Orchard Street as shown on the survey prepared by Ward Brooks,LS,and dated August 13,2020.The property is located at 1405 Village Lane,Orient,NY and is identified on the Suffolk Tax map as SCTM#1000-25-3-1 ("the subject property"). t BASIS OF APPLI ATION: Request for a Use Variance under Article III, Section 280-13(C)and the Building Inspector's October 27, 2020 Notice of Disapproval based on an application for a permit to alter an existing accessory garage to an artist studio that determined that "[a]n artist studio in an accessory building is not a permitted use RELIEF REQUESTED: The applicant requests a use variance to create an"artist studio",by converting a detached accessory structure,which is not a permitted use in the R40 zoning district. Page 2,February 4,2021 Received ( J #7454,Wilson-Ryclanann II SCTM No. 1000-25-3-1 BAR o.9 20 w ADDITIONAL INFORMATION: Zoning Board of Appeals 1. The proposed alteration also requires approval by the Historic Preservation Commission, pursuant to Section 170 of the Southold Town Code. 2. On the same date of the public hearing on this subject application(Ryckman/Wilson no. 7454), the Board also held a hearing for ZBA file no.: 7457,Nardolillo, located at 3850 Camp Mineola Road, Mattituck,NY,which is also located in the R40 zone district. In this latter instance, a Notice of Disapproval was issued for a two-story addition to an existing accessory garage with a non- conforming rear yard setback and excessive lot coverage. There the floor plans and elevations submitted to the ZBA and reviewed by the Building Department were clearly labeled"workshop" on the first floor and"storage loft,non-habitable space"on the second floor. However,the Notice of Disapproval did not cite the proposed workshop use as non-permitted in an accessory structure in the R40 zone district,pursuant to Section 280-13(C) of the zoning code. Therefore,in that matter the applicant seeks only variance relief for the non-conforming rear yard setback and excessive lot coverage.At that hearing the applicant's attorney stated that the applicant's business is kitchen cabinetry and that he wished to establish a home carpentry/wood working workshop in the accessory garage for his own personal,non-business use. 3. Based upon the appearance of inconsistency in the Notices of Disapproval cited in ZBA#7454 and#7457 and a review of prior Board decisions granting approvals for"workshops/artist studios"in accessory structures in residential zones,the Board,has determined that it is necessary for the Board to exercise its powers under section 280-146(D)of the Town Code and provide a code interpretation in both of these matters in order to provide clarity about these two accessory uses and as to whether they are allowed in accessory structures. F INGS F FACTI REASONS FOR BOARD ACTION The Zoning Board of Appeals held a public hearing on this application on January 7,2021, at which time written and oral evidence were presented. Based upon all testimony and documentation,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. At the hearing,one of the applicants,Thomas Ryckman,testified that his wife,Pamela Wilson,is a recognized artist(painter)whose work is widely exhibited and sold by various art galleries..Ryckman and Wilson both reside in Orient,NY on a part-time basis in a dwelling located in an historic district.Ms.Wilson proposes to use the existing accessory garage on the subject property to produce her art,and not as an art gallery for the display and/or sale of art to the public.The existing foot print of the accessory garage will not be changed,although a conforming outdoor shower addition on the rear of the structure is proposed to be added. Proposed renovations to the as built accessory garage include replacing the small windows now in place with taller windows;thermal improvements will be made to the roof,walls,floor and fenestration;replacing the garage door and swing door; adding a door at the rear for garden storage,adding sky lights on the roof,and changing the existing siding to clapboard that matches the main house,all as shown on the architectural drawings by Studio AB Architects labeled ZBA.01.2 dated 10/29/20,ZBA.01 dated 10/29/20 and ZBA.02 dated 9/21/20.According to the Building Inspector's October 27,2020 Notice of Disapproval,these improvements require an approval by the Southold Town Historic Preservation Commission which issued the required Certificate of Appropriateness to the applicant on January 4,2021.The Building Inspector's October 27,2020 Notice of Disapproval further stated that the applicant's proposed conversion of their existing accessory garage to an artist studio does not constitute a permitted accessory use in an accessory structure. Page 3,February 4,2021 Receiv _( ( j 47454,Wilson-Ryckmann SCTM No. 1000-25-3-1 MAR 0,.9'2026 Zoning Board of Appeals 2. Section 280-17(C)of the Town Code provides allowed accessory uses in the R-40 residential zoning district include those accessories uses allowed in § 280-13C of the Agricultural-Conservation District, accessory uses allowed in§280-13D of the A-C,R-80,R-120,R-200 and R-400 Districts,and Direct marketing of aquaculture or mariculture products. Section 280-13C states that the following accessory uses are permitted: (1)Any customary structures or uses which are customarily incidental to the principal use,except those expressly prohibited. (2) Home occupation,including home professional office and home business office. (3) Boat docking facilities for the docking,mooring or accommodation of noncommercial boats (4) Garden house,tool house, storage building,playhouse,wading pool,swimming pool or tennis court incidental to the residential use of the premises and not operated for gain (5) Private garages;provided,however,that not more than two passenger automobile spaces in such garages may be leased to persons not resident on the premises. (6) Off-street parking spaces accessory to uses on the premises.Not more than four off-street parking spaces shall be permitted within the minimum front yard. (7) The storage of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored,for his personal use (8) Horses and domestic animals other than household pets,provided that such animals shall not be housed within 40 feet of any lotline.Housing for flocks of more than 25 fowl shall not be constructed within 50 feet of any linej[1]1.,W,2) (9) Yard sales,attic sales,garage sales, auction sales or similar types of sales of personal property owned by the occupant of the premises and located thereon, (10) Wineries may have an accessory gift shop on the premises which may sell items accessory to wine (11) Child care (12) Use of aircraft in agricultural operations (13) Processing of agricultural products,and; Section 280-13(D)of the Town code provides for rental permits for accessory apartments. 3. Nothing,in Section 280-17,section 280-13(C)or section 280-13(d)specifically allows or prohibits a workshop or artist studio as an accessory use,or as an accessary use in an accessory structure. In contrast,by way of example,280-13(c)provides that home occupations are an allowed accessory use but specifically states that the activity must take place in the main building and therefore cannot tape place in an accessory structure. Page 4,February 4,2021 #7454,Wilson-Ryckmann Received SCTM No. 1000-25-3-1 MAR 0 2026 Since neither a"workshop"nor an"artist studio"is listed as an allowed accessory use if it is I O�6peais considered an allowed accessory use the Board would have to conclude that the use incidental to the principal use,"which in both matters before the Board is a single-family residence. As set forth below,the Board has concluded that under certain conditions,both proposed uses should be considered customary and incidental to a single-family residence and therefore,allowed accessory uses in accessory structures. 4. In reaching its determination the Board reviewed past determinations regarding workshops and artist studios. As set forth below,there were several inconsistencies in both the Building Departments Notice of Disapprovals as well as decisions from this Board. Included in those priors are the following: ZBA File#7280 Victoria,BB Zone,New Suffolk,NY(June 20,2019).Application to create an "artist's studio"by converting a portion of a dwelling into a detached accessory structure,not permitted in an HB zoning district.The Board denied a requested use variance and overtarrsed the Building Inspectors Notice of Disapproval which wrongly stated that the proposed accessory use as an"artist's studio"in an accessory garage was not permitted,because the proposed alterations would result in an accessory"custom workshop/artist's craftsmen's workshop"which is listed in the code as a permitted use in the HB zone district. ZBA File#6852 Davas and Papagianis,R80 zone,Greenport,NY(April 16,2015).The Board granted variance relief for a proposed unheated workshop addition to an accessory garage with half bath and loft storage with a non-conforming side yard setback to be used for a personal woodworking hobby. The workshop use was not noticed as a non-permitted use. ZBA File#6424 Adams,residential zone Orient,NY(Nov 16,2010)applicant proposed to construct an accessory structure to be used as an art studio which was noticed as a non-permitted use.The Board granted amended approval,using variance relief standards,for an"artist's workshop"as a permitted use making the distinction between the definition of an artist's studio"as a physical location for creating artwork and a location for the public viewing and/or private viewing and/or sales of same created artwork;"and the definition of an artist's workshop as"a physical location for creating artwork and expressly prohibits the public and/or private viewing and/or sales of same created artwork." ZBA File#6298 Manson and Millard R40 zone,Orient,NY(August 27,2009).The Board granted approval,using variance relief standards,for the conversion of an as built accessory garage in a front yard(variance)to an art studio which,based upon the proposed full bathroom,was deemed to be habitable space which is not permitted in an accessory building,finding that"the use as an artist's studio is solely for the applicant's professional use which is a quiet occupation that requires no equipment that would create noise or disturbance to the neighborhood." ZBA File#6108 Crary residential zone,Orient,NY(May 8,2008).The Board granted amended relief,using variance relief standards,for an"art hobby workshop studio"in a heated accessory structure with non-conforming setbacks.The notice did not mention the proposed use as a"non- permitted use" ZBA File#5803 Corcoran residential zone Cutehogue,NY(Dec.27,2005). Application to convert the second-floor attic of an existing accessory garage building to an artist loft/workshop by adding dormers and a half bathroom, denied by the Building Inspector as a non-permitted use.The Board granted variance relief,using variance relief standards,for the non-permitted use and approved the artist's studio/loft use conditioned upon the prohibition of renting,creating habitable space and installing heating in the accessory structure. Page 5,February 4,2021 Received #7454,Wilson-Ryckmann SCTM No. 1000-25-3-1 I� LIAR 0 9 2026 Zoning Board of Appeals ZBA File#5156 Taylor,residential zone,Cutchogue,NY(Oct.3.2002). Application for a height variance to construct an accessory garage to be used for"contractor's vehicle,workshop,and storage purposes"The Board approved the application,using variance relief standards.The workshop use was not noticed as a non-permitted use. ZBA File#4751 Howell and Patton,residential zoner,Orient,NY(Nov.3,1999). Application to convert a two-story barn into an artist's studio containing a full bathroom on the first floor and a half bathroom on the second floor, determined by the Building Inspector to constitute a non-permitted second dwelling on the subject property.The artist's studio use was not noticed as a non-permitted use. The Board reversed the Building Inspector's denial of a building permit and approved the application, using variance relief standards,conditioned upon the prohibition of use of the accessory structure as a dwelling. ZBA File#4596,Caffrey,residential zone,Mattituck,NY(Aug.24,1998). Application for a side yard setback variance for a portion of an accessory garage workshop building,approved as applied for. The workshop use was not noticed as a non-permitted use. ZBA File#4369 Reece and Scharbenbroich,residential zone,Orient,NY(May 29, 1996). Conversion of an as built accessory building with a non-conforming front yard location and setback into a"glass art works studio." The workshop use was not noticed as a non-permitted use.The Board sought to interpret the code and determined that the use was a professional home occupation and/or a home professional office use that could be located as of right in the principal dwelling and denied the application. 5. The Board finds that prior decisions by the Board of Appeals and Code Enforcement Officials issuing Notices of Disapproval about the establishment of workshops/artist studios in accessory structures on residential lots have not been consistent. Prior Boards often used variance relief standards to grant such approvals and in effect,were rendering a de facto code interpretation. Section 280-4(B)Definitions of the Town Code does not define the terms workshop,studio,or artist's studio as a permitted use in an accessory structure. Section 280-4(B) states that"any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language,unabridged."According to Webster's, a workshop is defined as"a room, group of rooms, or building in which work, especially mechanical work,is carried on."Webster's defines a studio as"the workroom or atelier of an artist,as a painter or sculptor." 6. Based on prior decisions,the Board further finds that it has historically understood the terms"artist's studio and artist's workshop"or simply"workshop"to be interchangeable, in that, the use is essentially the same,i.e.,the engagement in a home hobby or occupation solely for the personal enjoyment of the owner/applicant, and involving no viewing by or sales to the general public on the subject property. 7. Based on the sheer number of times that this issue has appeared before the Board;it would appear that this type of artist studio or workshop is a customary use to a single-family residence. Moreover, there seems to be no question that these proposed accessory uses would be considered allowed accessory uses if the proposed activity took place in the main building where the principal use takes place. With regard to these uses the Board sees no difference as to whether they take place in the main/principle dwelling or in an accessory structure. SIt i Page 6,February 4,2021 Received #7454,Wilson-Ryckmann SCTM No. 1000-25-3-1 LIAR 0 9 2026 Zoning Board of Appeals 8. The Board,however,has also determined that key to these uses being allowed uses is not only that they are customary to the principal use,but also that they are incidental to the principal use. In both of the cases before this Board,in order for these uses to be considered incidental,they must maintain a personal and/or hobby aspect to them and not become a more commercial type of use. To that end the Board has determined that the following elements/conditions led to the determination that these uses are customary and incidental to the principal use: 1. Such use is incidental to the principal residential use on the premises 2. The artist's studio/workshop in an accessory structure is not rented to or used by anyone other than the property owner of the principal dwelling 3. No individual or group instructions, classes or demonstrations related to the production/fabrication of crafts/art works in the studio/workshop may take place on the property 4. The property owner may not employ or engage unpaid assistance by any other persons(s)in relation to the production/fabrication of art/crafts in the accessory structure, 5. There is no exterior effect at the property line such as noise,traffic,odor, dust, smoke, gas, fumes or radiation 6. No display of products/art work/crafts etc.is visible to the street 7. No sales to the public are permitted on the subject property 8. Plumbing in the accessory structure is limited to a half bath(toilet and sink) and a utility sink 9. Activities in the artist's studio/workshop in the accessory structure are limited to the production of crafts and works of art such as painting, sculpture,photography,ceramics, weaving/textiles, glass art(but not glass blowing),and personal woodworking/carpentry and auto mechanics on vehicles belonging only to the property owner. 10.No sleeping or cooking is permitted in the accessory structure 11.An accessory structure used as an artist's studio/workshop may only contain that one use in addition to non-habitable(unfinished, open rafters and stud walls) storage of general household items,garden tools and/or vehicles. 12.An accessory apartment in the accessory structure is not permitted unless the artist's studio/workshop use is removed and a special exception permit is obtained from the Zoning Board of Appeals. 13. The following uses are not,by this determination, considered to be permitted uses in an artist's studio/workshop in an accessory structure,as defined herein and are prohibited: workout/fitness activities,recreational actives, and home offices(as defined in the Town Code). SOLUTION OF TBE BOARD: In considering all of the above factors,motion was offered by Member Lehnert seconded by Member Planamento,and duly carried,to DETERMINE THAT the artist studio as applied for,is a permitted accessory use in an accessory structure on the subject residential lots as long as it conforms to the conditions as outlined above AND TO DENY the application for a use variance on the grounds that the determination contained herein renders the application moot. Page 7,February 4,2021 6� #7454,Wilson-Ryckmann j 4 SCTM No. 1000-25-3-1 IAP Pursuant to Chapter 280-146(B)of the Code of the Town of Southold any vari nc �d by ;rPuaw'' the Board of Appeals shall become null and void where a Certificate of Occup cy ,as 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,LehneM and Planamento(5-0). Leslie Kanes Weisman,Chairperson Approved for filing d-/ 9 /2021 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson � '" 53095 Main Road.P.O.Box 1179 Southold,NY 11971-059 Patricia Acampora c r ` j Eric Dantes Town Amaex/Forst Floor, 1 I ` Robert Lehnert,Jr. 54375 Main Road(a y'n0s9k?W) Nicholas Planamento Southold,NY 11971 Zoning Board of Appeals http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 . � , ,� 2021 FINDINGS,DELIBERATIONS AND DETE NA O%Sohold LU _ 9 MEETING OF FEBRUARY 4,2021 c Town Clerk R ZBA FILE: 7457 NAME OF APPLICANT: Louis and Erin Nardolillo PROPERTY LOCATION: 3850 Camp Mineola Road,Mattituck,NY SCTM No. 1000-103-7-15 SEQRA DETERMINATION. The Zoning Board of Appeals has visited the property Lander consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISIMTWE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A I4-14 to 23,and the Suffolk County Department of Planning issued its reply dated January 7, 2021 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 DETERMINA11ON;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/DESC TIO The subject property is a 12,701 sq. ft. parcel located in an R-40 Zoning District, The property has a 103.62 feet frontage along Camp Mineola Road, then turns north for 140.66 feet to the rear yard, where it turns west 100 feet before returning 113.55 feet south back to Camp Mineola Road. The property is improved with a two-story frame residence with covered porches and an outside shower. There is a frame garage with wood deck in the rear yard, along with 4 frame sheds also located in the rear yard. BA 1S OF APPLICA O Request for Variances from Article III, Section 280-15; Article )MII, Section 280-124; and the Building Inspector's October 19, 2020, Amended November 12, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to existing accessory garage;at 1)located less than the code required minimum rear yard setback of 15 feet;2)more than the code permitted maximum lot coverage of 20%;located at:3 850 Camp Mineola Road, Mattituck,NY. SCTM No. 1000-123-5-18. RELIEF REQUESTED: The applicant requests variances to construct additions and alterations to the existing accessory garage to create a carpentry/woodworking workshop on the first floor and loft storage space on the second floor,having a rear yard setback of 2 feet, 1 inch(or 2.0833 feet)where a 15 feet minimum rear yard setback is required. The lot coverage is proposed to be 24,41% where a 20% maximum lot coverage is permitted by code. Page 2,February 4,2021 ecelver #7457,Nardolillo SCTM No. 1000-123-5-18 MAR 0, 202h onin Board of )Appoal:� AMENDED APPLICATION: During the hearing, the applicant was asked to tiring a plan into more conformity with the code by reducing the proposed lot coverage removing the proposed second story dormer on the north elevation facing the adjacent property which could impact privacy since the stricture is proposed to be 21 feet+/-in height,and relocating the proposed exterior staircase to the second-floor storage space to the interior of the workshop on the first floor. The applicant on January 12, 2021 submitted a plan, dated January 11,2021,increasing the rear yard setback to 3 feet, 1 inch(or 3.0833 feet),removing the second story north facing dormer, and reducing the size of the proposed workshop which subsequently reduced the proposed lot coverage to 23.42%,bringing the plan into more conformity with the code. The amended site plan still shows an outside staircase to the second story loft storage space. ADDITIONAL INFORMATION: At the public hearing testimony was taken from the owner's representative as to the reasons for the addition and the use of the space. The need for two second story dormers in a storage loft area,and an outside stair were discussed. The applicant's representative also indicted that the property owner wished to use the workshop for his own personal woodworking/cabinet making hobby and not for any business use,and that the space would have no plumbing and would be unfinished with only the utility of electricity. In addition, the three existing sheds used for storage and an existing terrace were proposed to be removed for a total lot coverage of 23. 42% as shown on the amended site plan and plans elevations by Samuels and Steelman,architects,labeled sheet 1 and 2 and dated 1/I l/121 and received by the ZBA on January 12,2021 Six letters of support for this application were received from neighbors,and several prior ZBA decisions granting approval for excessive lot coverage and non-conforming setbacks in the immediate neighborhood were also submitted in support of the application and in keeping with the character of the neighborhood. On the same date of the public hearing on this subject application(ZBA file no.: 7457, Nardolillo),the Board also held a hearing for,Ryckman/Wilson no. 7454 located at 1405 Village Lane, Orient,N ,which is also located in the R40 zone district. In this latter instance, a Notice of Disapproval was issued based on an application for a permit to alter an existing accessory garage to an artist studio that determined that"[a]n artist studio in an accessory building is not a permitted use.At that hearing, one of the applicants,Thomas Ryckman,testified that his wife,Pamela Wilson,is a recognized artist(painter)whose work is widely exhibited and sold by various art galleries.Rykman and Wilson both reside in Orient,NY on a part-time basis in a dwelling located in an historic district.Ms.Wilson proposes to use the existing accessory garage on the subject property to produce her art,and not as an art gallery for the display and/or sale of art to the public.The existing foot print of the accessory garage will not be changed,although a conforming outdoor shower addition on the rear of the structure is proposed to be added.Proposed renovations to the as built accessory garage include replacing the small windows now in place with taller windows;thermal improvements will be made to the roof,walls,floor and fenestration; replacing the garage door and swing door;adding a,door at the rear for garden storage,adding sky lights on the roof,and changing the existing siding to clapboard that matches the main house,all as shown on the architectural drawings by Studio AB Architects labeled ZBA.01.2 dated 10/29/20,ZBA.01 dated 10/29/20 and ZBA.02 dated 9/21/20 Based upon the appearance of inconsistency in the Notices of Disapproval cited in ZBA# 7454 and#7457 and a review of prior Board decisions granting approvals for"workshops/artist studios"in accessory structures in residential zones,the Board,has determined that it is necessary for the Board to exercise its powers under section 280-146(D) of the Town Code and provide a code interpretation in both of these matters in order to provide clarity about these two accessory uses and as to whether they are allowed in accessory structures. Page 3,February 4,2021 Y' #7457,Nardolillo Recei SCTM No. 1000-123-5-18 MAR ® 9 2026 Zoning Board of Appeals FINDINGS OF FACT/REASONS FOR BOARD ACTION: , The Zoning Board of Appeals held a public hearing on this application on January 7,2021 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: Interpretation of Town Code Section 280-17 C A_ccess2n uses in R a40 Zoning District 1. In this subject application,a Notice of Disapproval was issued by the Building Inspector on July 28,2020,renewed October 19,2020 and amended November 12,2020,for a two-story addition to an existing accessory garage with a non-conforming rear yard setback and excessive lot coverage. The floor plans and elevations submitted with this application(#7457)to the ZBA and reviewed by the Building Department were clearly labeled"workshop"on the first floor and"storage loft, non-habitable space"on the second floor. However,the Notice of Disapproval did not cite the proposed workshop use as non-permitted in an accessory structure in the R40 zone district,pursuant to Section 280-13(C)of the zoning code. The attorney for the applicant applied for variance relief for the non-conforming rear yard setback and excessive lot coverage. At the hearing the applicant's attorney testified that the applicant's business is kitchen cabinetry and that he wished to establish a home carpentry/wood working workshop in the accessory garage for his own personal use with storage above. 2.Section 280-17(C)of the Town Code provides allowed accessory uses in the R-40 residential zoning district include those accessories uses allowed in§ 280-13C of the Agricultural-Conservation District,accessory uses allowed in §280-13D of the A-C,R-80,R-120,R-200 and R-400 Districts,and Direct marketing of aquaculture or mariculture products. Section 280-13C states that the following accessory uses are permitted: (1)Any customary structures or uses which are customarily incidental to the principal use, except those expressly prohibited. (2) Home occupation,including home professional office and home business office. (3) Boat docking facilities for the docking,mooring or accommodation of noncommercial boats (4) Garden house,tool house, storage building,playhouse,wading pool,swimming pool or tennis court incidental to the residential use of the premises and not operated for gain (5) Private garages;provided,however,that not more than two passenger automobile spaces in such garages may be leased to persons not resident on the premises. (6) Off-street parking spaces accessory to uses on the premises.Not more than four off-street parking spaces shall be permitted within the minimum front yard. (7) The storage of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored,for his personal use. Page 4,February 4,2021 1 #7457,Nardolillo Received No. 1000-123-5-18 MAR 0 9 2026 Zoning Board of Appeals (8) Horses and domestic animals other than household pets,provided that such animals shall not be housed within 40 feet of any lot line.Housing for flocks of more than 25 fowl shall not be constructed within 50 feet of any line. (9) Yard sales,attic sales,garage sales,auction sales or similar types of sales of personal property owned by the occupant of the premises and located thereon, (10) Wineries may have an accessory gift shop on the premises which may sell items accessory to wine (11) Child care (12) Use of aircraft in agricultural operations (13) Processing of agricultural products,and; Section 280-13(D)of the Town code provides for rental permits for accessory apartments. 3. Nothing in Section 280-17,section 280-13(C)or section 280-13(d)specifically allows or prohibits a workshop or artist studio as an accessory use,or as an accessary use in an accessory structure. In contrast,by way of example,280-13(c)provides that home occupations are an allowed accessory use but specifically states that the activity must take place in the main building and therefore cannot take place in an accessory structure. Since neither a"workshop"nor an"artist studio"is listed as an allowed accessory use, if it is to be considered an allowed accessory use the Board would have to conclude that the use is"customary and incidental to the principal use,"which in both matters before the Board is a single-family residence. As set forth below,the Board has concluded that under certain conditions,both proposed uses should be considered customary and incidental to a single family residences and therefore,allowed accessory uses in accessory structures. 4. In reaching its determination the Board reviewed past determinations regarding workshops and artist studios. As set forth below,there were several inconsistencies in both the building departments notice of disapprovals as well as decisions from this Board. Included in those priors are the following: ZBA File#7280 Victoria,HB Zone,New Suffolk,NY(June 20,2019).Application to create an "artist's studio"by converting a portion of a dwelling into a detached accessory structure,not permitted in an BB zoning district.The Board denied a requested use variance and overturned the Building Inspectors Notice of Disapproval which wrongly stated that the proposed accessory use as an"artist's studio"in an accessory garage was not permitted,because the proposed alterations would result in an accessory"custom workshop/artist's craftsmen's workshop"which is listed in the code as a permitted use in the HB zone district. ZBA File#6852 Davas and Papagianis,R80 zone,Greenport,NY(April 16,2015).The Board granted variance relief for a proposed unheated workshop addition to an accessory garage with half bath and loft storage with a non-conforming side yard setback to be used for a personal woodworking hobby.The workshop use was not noticed as a non-permitted use. IPage 5,February 4,2021 Received #7457;Nardolillo MAR 09 2026 KiT No. 1000-123-5-18 Zoning Board of AppOal:� ZBA File#6424 Adams,residential zone Orient,NY(Nov 16,2010)applicant proposed to construct an accessory structure to be used as an art studio which was noticed as a non-permitted use.The Board granted amended approval,using variance relief standards,for an"artist's workshop"as a permitted use making the distinction between the definition of an artist's studio"as a physical location for creating artwork and a location for the public viewing and/or private viewing and/or sales of same created artwork;"and the definition of an artist's workshop as"a physical location for creating artwork and expressly prohibits the public and/or private viewing and/or sales of same created artwork." ZBA File#6298 Manson and Millard R40 zone,Orient,NY(August 27,2009).The Board granted approval,using variance relief standards,for the conversion of an as built accessory garage in a front yard(variance)to an art studio which,based upon the proposed full bathroom,was deemed to be habitable space which is not permitted in an accessory building,finding that"the use as an artist's studio is solely for the applicant's professional use which is a quiet occupation that requires no equipment that would create noise or disturbance to the neighborhood." ZBA File#6108 Crary residential zone,Orient,NY(May 8,2008).The Board granted amended relief,using variance relief standards,for an"art hobby workshop studio"in a heated accessory structure with non-conforming setbacks.The notice did not mention the proposed use as a"non- permitted use" ZBA File#5803 Corcoran residential zone Cutchogue,NY(Dec.27,2005). Application to convert the second-floor attic of an existing accessory garage building to an artist loft/workshop by adding dormers and a half bathroom,denied by the Building Inspector as a non-permitted use.The Board granted variance relief,using variance relief standards,for the non-permitted use and approved the artist's studio/loft use conditioned upon the prohibition of renting,creating habitable space and installing heating in the accessory structure. ZBA File#5156 Taylor,residential zone,Cutchogue,NY(Oct.3.2002).. Application for a height variance to construct an accessory garage to be used for"contractor's vehicle,workshop,and storage purposes."The Board approved the application,using variance relief standards.The workshop use was not noticed as a non-permitted use. ZBA File#4751 Howell and Patton,residential zoner,Orient,NY(Nov.3,1999). Application to convert a two-story barn into an artist's studio containing a full bathroom on the first floor and a half bathroom on the second floor,determined by the Building Inspector to constitute a non- permitted second dwelling on the subject property.The artist's studio use was not noticed as a non- permitted use.The Board reversed the Building Inspector's denial of a building permit and. approved the application,using variance relief standards,conditioned upon the prohibition of use of the accessory structure as a dwelling. ZBA File#4596,Caffrey,residential zone,Mattituck,NY(Aug.24,1998). Application for a side yard setback variance for a portion of an accessory garage workshop building,approved as applied for.The workshop use was not noticed as a non-permitted use. ZBA File#4369 Reece and Scharbenbroich,residential zone,Orient,NY(May 29,1996). Conversion of an as built accessory building with a non-conforming front yard location and setback into a"glass art works studio." The workshop use was not noticed as a non-permitted use.The Board sought to interpret the code and determined that the use was a professional home occupation and/or a home professional office use that could be located as of right in the principal dwelling and denied the application. Received Page 6,February 4,2021 #7457,Nardolillo MAR 0 SCTM No. 1000-123-5-18 Zoning Board of Appea,is 5. The Board finds that prior decisions by the Board of Appeals and Code Enforcement Officials issuing Notices of Disapproval about the establishment of workshops/artist studios in accessory structures on residential lots have not been consistent.Prior Boards often used variance relief standards to grant such approvals and in effect,were rendering a de facto code interpretation. Section 280-4(B)Definitions of the Town Code does not define the terms workshop,studio,or artist's studio as a permitted use in an accessory structure. Section 280-4(B) states that"any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language,unabridged."According to Webster's, a workshop is defined as"a room, group of rooms, or building in which work, especially mechanical work, is carried on."Webster's defines a studio as"the workroom or atelier of an artist, as a painter or sculptor." 6. Based on prior decisions,the Board further finds that it has historically understood, the terms"artist's studio and artist's workshop" or simply"workshop"to be interchangeable,in that,the use is essentially the same, i.e.,the engagement in a home hobby or occupation solely for the personal enjoyment of the owner/applicant,and involving no viewing by or sales to the general public on the subject property. 7. Based on the sheer number of times that this issue has appeared before the Board,it would appear that this type of artist studio or workshop is a customary use to a single family residence. Moreover, there seems to be no question that these proposed accessory uses would be considered allowed accessory uses if the proposed activity took place in the main building where the principle use takes�lape pil With regard to these uses the Board sees no difference as to whether they take place in the main/principle dwelling or in an accessory structure. 8. The Board,however,has also determined that key to these uses being allowed uses is not only that they are customary to principal use,but also that they are incidental to the principal use. In both of the cases before this Board, in order for these uses to be considered incidental,they must maintain a personal and/or hobby aspect to them and not become a more commercial type of use. To that end the Board has determined that the following elements/conditions led to the determination that these uses are customary and incidental to the principal use: 1. Such use is incidental to the principal residential use on the premises 2. The artist's studio/workshop in an accessory structure is not rented to or used by anyone other than the property owner of the principal dwelling 3. No individual or group instructions,classes or demonstrations related to the production/fabrication of crafts/art works in the studio/workshop may take place on the property 4. The property owner may not employ or engage unpaid assistance by any other persons(s)in relation to the production/fabrication of art/crafts in the accessory structure, 5. There is no exterior effect at the property line such as noise,traffic, odor,dust, smoke, gas, fumes or radiation 6. No display of products/art work/crafts etc. is visible to the street 7. No sales to the public are permitted on the subject property 8. Plumbing in the accessory structure is limited to a half bath(toilet and sink) and a utility sink. 'p I Received Page 7,February 4,2021 #7457,Nardolillo SCTM No. 1000-123-5-18 MAR 0,9 2026 Zoning Board of Appeals 9. Activities in the artist's studio/workshop in the accessory structure are limited to the production of crafts and works of art such as painting, sculpture,photography, ceramics, weaving/textiles, glass art(but not glass blowing), and personal woodworking/carpentry and auto mechanics on vehicles belonging only to the property owner. 10.No sleeping or cooking is permitted in the accessory structure 11. An accessory structure used as an artist's studio/workshop may only contain that one use in addition to non-habitable(unfinished,open rafters and stud walls) storage of general household items, garden tools and/or vehicles. 12. An accessory apartment in the accessory structure is not permitted unless the artist's studio/workshop use is removed and a special exception permit is obtained from the Zoning Board of Appeals. 13. The following uses are not,by this determination,considered to be permitted uses in an artist's studio/workshop in an accessory structure, as defined herein and are prohibited: workout/fitness activities,recreational actives, and home offices (as defined in the Town Code). Variance Relief 1. T' vwn Law L267-bQjfflffl. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is comprised of similarly sized one-and two-story dwellings with accessory structures on substandard lots. There are many properties in the neighborhood that have received relief for non.-conforming lot coverage and setbacks. The proposed additions to the garage will" consolidate storage on the property and enable the removal of three existing storage sheds to "clean up the backyard" which will improve the appearance of the property in general. 2. Town Law 67-b . The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The as built garage on the subject property has had a nonconforming rear yard setback since it was built prior to the enactment of zoning and bulk. schedules. Any addition to the existing accessory structure would require variance relief.The applicant has reduced the size if the proposed addition to further reduce the proposed non-conforming lot coverage, as amended,but cannot construct a reasonable size workshop without variance relief. 3. Town Later 267-b 3 "b M. The variances granted herein, as amended, are mathematically substantial, representing an approx. 80 %relief from the code for the rear yard setbacks and 17 %relief from the code for the proposed lot coverage.However,these variances are in keeping with the nonconformities granted to other properties in the neighborhood. 4. Town Law 267-b W 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 and conditions of this board. 5. TLwn Law 2674 3 The difficulty has not been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 267-b; Grant of the relief as amended with conditions,is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a workshop and storage addition to an accessory SCTM No. 1000-123-5-18 garage while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. Recelved till 17;I?SOLTION OF TW BOARD: In considering all of the above factors and applyiu b l n " %test under New York Town Law 267-B, motion was offered by Member Weisman(Chairpe , by Member Acampora,and duly carried,to 2c►rwiF99 Bawd 0 DETERMINE THAT the workshop as applied for, is a permitted accessory use in an accessory structure on the subject residential lot as long as it conforms to the conditions outlined above AND TO GRANT THE RELIEF AS AMENDED and as shown on architectural drawings labeled site plan and plans and elevations sheet 1 and 2,prepared by Thomas C. Samuels,R.A.,dated January 11,2021: SUBJECT FOLLOWING CO D111 1' S: 1. The proposed exterior staircase to the second-floor storage space shall be relocated to the interior of the workshop and shall only be accessed via the interior of the first-floor workshop 2. The applicant shall submit to the Board a revised site plan and architectural drawings showing the revisions required in condition 1 (one). 3. The three accessory sheds on the subject property shall be removed at the completion of construction of the proposed garage addition. 4. No Certificate of Occupancy shall be granted until the accessory sheds are removed as shown on the site plan. 5. The second floor described as storage space,shall remain unfinished and non-inhabitable with open rafters and stud walls. 6. No plumbing shall be installed in the first or second floor of the proposed addition 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 buildingpermit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above,such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use,setback or other feature of thesubjectproperty that may violate the,honing 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 Page 9,February 4,2021 Received #7457,Nardolillo ?I I I SCTM No. 1000-123-5-18 MAR 0,9 2026 Appeals may,upon written request prior to the date of expiration, gWlV% SibhAw" exceed three(3)consecutive one(1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson),Acampora,Dantes,Lehnert and Planamento (5- Leslie Kanes Weisman,Chairperson Approved for filing / / /2021 Received Art Studio MAR 012026 Zoning Board of Appeals The proposed art studio is in the 2nd floor or the residential accessory garage. The use is private for the owner (Elizabeth Swift) and accessory to their home (residential use). The Board has determined that the following elements/conditions led to the determination that these uses are customary and incidental to the principal use: 1. Such use is incidental to the principal residential use on the premises. This is a home and continues to be their residence (for now their 2nd home). The art studio is incidental to the residential use of the house. Their principal residence is in Hoboken, New Jersey. 2. The artist's studio/workshop in an accessory structure is not rented to or used by anyone other than the property owner of the principal dwelling. The space is a garage and storage. This space is solely for Mrs. Swift to be creative, in a proposed ceramics studio to throw pottery in a private, quiet space. Pottery and ceramics can be sloppy work, and this space fosters her creativity without wrecking the house. In New Jersey where she still resides, she is an active member of the Blue Skies Pottery community and creates daily in the shared studio space. She often spends several hours every day at the studio. Pottery is her passion. 3. No individual or group instructions, classes or demonstrations related to the production/fabrication of crafts/art works in the studio/workshop may take place on the property. She does not give lessons; this is intended to be a personal and private creative area. 4. The property owner may not employ or engage unpaid assistance by any other persons(s) in relation to the production/fabrication of art/crafts in the accessory structure. There are no employees, this space is a private studio for only the owner to create. S. There is no exterior effect at the property line such as noise, traffic, odor, dust, smoke, gas, fumes or radiation. There would be no discernable difference to the exterior, the interior space will be used, and the art does not produce any noise, traffic, odor, dust, smoke, gas,fumes or radiation. 1�1 l( Received 6. No display of products/art work/crafts etc. is visible to the e . T0�g is a private home with no display for sale. �� Z p , '" y oartwork f Zoning Board of Appeals 7. No sales to the public are permitted on the subject property. No sales to the public are offered. This is her home and proposed studio. 8. Plumbing in the accessory structure is limited to a half bath (toilet and sink) and a utility sink. Phase 1 has no bathroom or utility sinkproposed. The owner intends to use a (3 bucket system) traditionally the buckets contain water for clay- washing tools and working the clay. The clay in the water buckets is reclaimed and the waste reused. The existing outside hose connection is the water source. In the future, they want to be permitted to include plumbing for % bath and utility sink (with Health Department). There is no plan for either a % bathroom or utility sink currently. 9. Activities in the artist's studio/workshop in the accessory structure are limited to the production of crafts and works of art such as painting, sculpture, photography, ceramics, weaving/textiles, glass art (but not glass blowing), and personal woodworking/carpentry and auto mechanics on vehicles belonging only to the property owner. Mrs. Swift is a potter; she works with clay and ceramics. A copy of the power point is attached. 10.No sleeping or cooking is permitted in the accessory structure. No sleeping or cooking is proposed. 1 l.An accessory structure used as an artist's studio/workshop may only contain that one use in addition to non-habitable (unfinished, open rafters and stud walls) storage of general household items, garden tools and/or vehicles. Only one use is proposed. 12.An accessory apartment in the accessory structure is not permitted unless the artist's studio/workshop use is removed, and a special exception permit is obtained from the Zoning Board of Appeals. No accessory apartment is proposed. 13.The following uses are not, by this determination, considered to be permitted uses in an artist's studio/workshop in an accessory structure, as defined herein and are prohibited: workout/fitness activities, recreational activities, and home offices (as defined in the Town Code). This application is for an art studio to be used by the ownerReceived 1 I MAR 0,9 2026 Zoning Board of Appeais U) i57 0) ro a N Q O Q N ,r l fts C C 1,1z '-3 w- - if t Art 1" St tudlo N Inspiration and Background - January 2026 \ \\�N \. w c d N O ® 7Q cr C O N P - f Talented Amateur Artist Creating 'E1 home studio as '10 Ir Q N Active aid engaged artist Focused on creative outlet and beautiful pieces Eager to create a quiet home art studio that will , w support my passion �o OL c., < cv o C� �p IN 70 " `qw \ Q Cfl �\ ���� E V _ -� U� 4f N N < Qa O O Vz' m c cs 0 a. MINI SO U y v _ y Y4 IS �v � e \a v A v y\ Q-- i� CA=) a Q o Q N Q� O mo cr o _ s ,04IN Ce MINE c + F �s. y y _ a ti 5111 Received Zoning Board of Appeals MAR 0\9 2026 APPLICANT'S PROJECT DESCRIPTION Zoning Board of Appeal, APPLICANT: Elizabeth& David Swift SCTM No. 1000-70-12-37 1.For Demolition of Existing Building Areas Please describe areas being removed: none U.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 22 x 18(garage) Dimensions of new second floor: 293 SF(art studio& storage) Dimensions of floor above second level: none Height(from existing natural grade): 18' Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: slab M.Proposed Construction Description(Alterations or Structural Changes)(Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: one.story ara e Number of Floors and Changes WITH Alterations: two car garaM and 2od story-,storage&art studio IV. Calculations of building areas and lot coverage,sky plane(From Surveyor,Design Professional): Existing square footage of buildings on your property: 2,944 SF Proposed increase of building coverage:_none Square footage of your lot: 2 526.99 Percentage of coverage of your lot by building area(lot coverage)_@13% Gross Floor Arga,_�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):N/A For Residential lots, is project within the allowable Sky Plane?(Please refer to Chapter 280, Section 280-208 of the Town Code): N/A V. Purpose of New Construction: additional storage and art studio 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: waterfront home on Goose Creep. Alterations to existing garage,in the front yard.2" floor space to be used as an art studio 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 Received i QUESTIONNAIRE FOR FILING WITH YOUR ZBAAPUR A. Is the subject premises currently listed on the real estate market forgal ?Y is B. Are there any proposals to change or alter land AM?_ o�e ,,please explain on separate sheet. C. 1.)Are there areas that contain sand or wetland grasses? Goose Creek 2.)Are those areas shown on the survey submitted with this application?—Yes_ 3.)Is the property bulk headed between the wetlands area and the upland building area? Bulkhead&retaining wall 4.)If your property contains wetlands or pond areas,have you contacted the Office of the BOARD OF TRUSTEES for its determination of jurisdiction?Beyond 100' Please confirm status of your inquiry or application with the Board of Trustees: Building Permit issued. If issued,please attach copies of your permit listing conditions of approval with a copy of the approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? NO If any of the aforementioned items exist on your property,please show them on a site plan. F.Are there any construction projects currently in process on your property? Yes If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe scope of work: Building Permit issued for the garage Permit#51567 issued 1/16/25- stop work order(conditioned space) 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. NO 1. Please list present use or operations conducted at your property,and/or the proposed use _existing residence with garage for cars, storage,and proposed art studio of garage 2nd floor (examples.existing single family,proposed:same with garage,pool or other) y Authorized signature Date APPEALS BOARD MEMBERS • 01f • ai a o i e Ruth D. Oliva. Southold Town Hall d Gerard P. Goehringer, Chairman 53095 Main Road•PRA949120 Southold,NY 11971-0959 James Dinizio,Jr. , 04fi .R&Wrgi : of AppeAs Michael A. Simon �"� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman " , 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net DIVED ZONING BOARD OF APPEALS �{ TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 '6uthOld TWZ Cleri FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 7, 2008 ZB File#6117 1690 BAYVIEW ASSOCIATES Location of Property: 1690 North Bayview Road, Southold CTM 70-12-37 5E Q DETERMI ATION: 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. UFFOLK OUN AD MINIS R CO E: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated December 10, 2007 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. BASIS OF APPLICATION: Request for a Variance under Section 280-116B, based on the Building Inspector's November 5, 2007 Notice of Disapproval concerning proposed additions and alterations to an existing building at+/- 56.5 feet from the bulkhead. ZONING CIIA TER 280 OF T' VN ODE (formerly Chapter 100): Zoning Code Section 280-116-B states that: "All buildings located on lots upon which a bulkhead, concrete wall, riprap, or similar structure exists and which are adjacent to tidal water bodies other than sounds shall set back not less than 75 feet from the bulkhead." The property is bulkhead along Goose Creek. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 24, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARLANCE RELIEF REQUESTED: Applicant proposes to construct a second-story addition to an existing single family dwelling at 56.5 feet from the bulkhead, as shown on the site plan and maps revised November 26, 2007 y Mark K. Schwartz, A.I.A. Received LIAR 0,9 2026 ' Page 2—February 7, 2008 ZBA#6117- 1690 Bayview Associates Zoning Board of Appeals CTM 70-12-37 ` r ADDITIONAL INFORMATION: The site map also shows a proposed construction of patio, flush and on grade, at a minimum distance of 43.6 feet from the bulkhead. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(0)N(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 second-story addition will not extend closer to the creek than the existing house. Neither the one-story addition nor the proposed garage setback require a variance with respect to setback requirements. 2. "'Town Law §267- (3)(b)(2). The benefit sought by the applicant, adding a second story over an existing one-story house, cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The one-story dwelling as exists was legally construction at a nonconforming setback of 56.5 feet from the bulkhead. 3. Town Law 267- '3)(bb)(3). The variance requested herein is not substantial. 4. Town. L w 267-b 3 5 . The difficulty has been self created. It is a result of the existing nonconformity of a house legally constructed 56.5 feet from the bulkhead. 5. ToAn Law - 3 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. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefits of an addition to the residence, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. O I N QQF THB l In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Dinizio, and duly carried, to GRANT the variance as applied for, as shown on Site Map S-1 and Maps A-1, A-2, A- 3,A-4 dated November 26, 2007, revised 11/26/07 by Mark K. Schwartz, A.I.A. 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 nonconformities under the zoning code. This action does not authorize or condone any current or ` ?Page 3—February 7, 2008 2�2� ZBA#6117- 1690 Bayview Associates MAR 0`0- CTM 70-12-37 Zoning Board of Appeals future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva (Vice Chairwoman), Dinizio, and Weisman. Chairman Goehringer and Member Simon were absent. This Resolution was duly adopted (3-0).. RUTH D. OLIVA, Vice Chairwoman 3/? /08 Approved for Filing 21 Robert Pitt Dr. Phone: 845.352.1929 HudsonSearch Suite#210 Fax: 646.519.2515 Monsey, NY 10952 orders@hudsonsearch.com CERTIFICATE OF OCCUPANCY SEARCH Received MAR 0,9 2026 May 3, 2022 Title#: TDA-22-5020 Zoning Board of Appeals Premises: 1690 North Bayview Road T ((( County: Suffolk Municipality: Southold District: 1000 Section: 070.00 Block: 12.00 Lot: 037.000 A search of the Building Department records has been made for the above-mentioned premises. The following information has been found: Certificate of Occupancy#9657 issued on 08/31/1979 for a Private One Family Dwelling Certificate of Occupancy#Z-33935 issued on 09/03/2009 for Alterations and Additions including Trellis and Patio Certificate of Occupancy#Z-33934 issued on 09/02/2009 for One Car Garage Additional Information below. Rental Permit#0162 issued on 7/28/2021 Rental permit is non transferable ...a':fes ow h, J uW"Arb^�^�i,12112("laao'"npd"? _IPY011W_S-IM Ota^ou1r,7 "w n.tx,"sr"wraa:dww vq'At 11 O:dsp..l.4tl.v r iNmu tell wvd""PyMW "'^ uW..o-,Mk M11;74W";U'Irr`da WwIrIV11I11MV, T "^,W'H..4 110 ;'PAN'a II AA dN...,..pv;ti,W. ( O "I Jr"ft""..w"WE,Wtl.VY Rctl V vo'A W" r,1' ,up )V :4,4r•r,1 + ^° ya k. -M:"'wM'4�I1 ➢' .Pam=64 Received,, Tip"Ck*?$ Wn N-Y- MAR ®k9. 2026 Zoning Board of Appeais -Of w '� No. ....7:��iZ........ . Date ......... .« 3�.............., t9..79 Atha ................................................ ofh'opaty ...........•....� Tax Iftv No. 1000 64608 .... ...JOC& ... ....U,.....JAt ....• .....�a.. •.. .w.•:.� � ,.. '................ '.t No. w.w. No. w• •w,w .1 .... . .. 19!n to whb�*suaft hook No. .. ...401"......... 19.T9 Im aad to ad of the 111ta` of the le sea of the -IM 0000POOPY f0f to is bso6d is ......... .............ft "9.fte.IF41101114.bW3.11ft . ......... .... ... ... .. ..... .. .. .... "lea Oadflods b bwd to ..maw-W.,- IR r.. .........:........... of the County Dqmtnmt of Kean A .. 30.......8/30 ... . ............ UNDUWWTM CORTWWATE NO... 7M. . . .... . ...... ...... ..... . . ... ... .. .... . . .......... . ..... * ... . ...... . , BuDdIng w. . ... ....r 77w 4m FORK ND. 4 Tom OF SOUTHOLD MAR ®`a 20Z� BDILD331G D8PAR713]T Office of the Building Inspector70M"" cI Of Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY NO: Z-33935 Date: 09 03/09 TSIS CMT]Fno that the building AEMITICNSZALTERATIONS Location of Property: 1690 NORTH S_AYVMW RD (HOUSE NO.) (STREET) R �T) c mtty Tax Slap so. 473889 Section 70 Block 12 Lot 37 subdivision Filed flap No. Lot 90. conforms substantially to the Application for Building Permit heretofore filed in this office dated MRCH 25 2008 Pursuant to which Building Permit No. 33823-Z dated AFRn 15 2008 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ALTERATIONS AND ADD1T*MS, INCLUDING WOOD MLLIS AND ON ORADE PATIO, TO AN M STXNGCON FAMny AS MpLDW V PS ZDA 6117 DA1= 2 7 9. The cert].ficate is issued to 1690 BA IATES LLC (OWNER) of the aforesaid building. SUFFOL[ COE1TY DSPARTMOT OF HEALTH APPAL N/A RICAL CBPT]FICATS NO, 4003448 07/16/09 pig CERTMIC rreu DRTMD 07 2 3/09 ,7 ZEE"S PLUDG L SAT r Au rized Signature Rev. I.A l 4 FORK NO- 4 Received Tom of SOUTHOLD BAR 0 9. 2026 BUIyDIM DEPARTKINT office of the Building Inspector Town Hall Zoning Board of Appeals Southold, N.Y. CERTIHICATE OF OCCUPANCY NO: Z-33934 Date.- .@ 9 Twrs CzRTI sss that the building A.CCHSSORY i Location of Property; 3.690 NTH MWER.M. (H576E b ti.i (STREET) (HAKLZT) County Taz Nap No. 473889 section 70 Bloc* 12 Lot 37 subdivision Filed leap Bb. Lot go. conforms substantially to the Application for Building Permit heretofore filed in this office dated mARCH 27, 2048 pxsuant to which Building Permit So. 33824-Z dated 15 2008 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY ONE CAR E AS APPLIED FOR_ The certificate is issued to 169Q BAYVISW A3S£�CGA°�ES (OWNER) of the aforesaid building. SOFFULA CoMn-y mmaT! T OF HIMTH: APPROVAL Vi A ZEjWTPIC A. CERTIFICATE NO. 4003448 07 16 09 PtXXIE929 CMIRT32FICATIC)ff EATED N1°A 4 �Au�trizeAnature � Rev. 1/81 I �w aacr�, TOWN OF SOUTHOLD ' \ BUILDING DEPARTMENT Received TOWN CLERK'S OFFICE MAR 0 9. 2026 SOUTHOLD, NY Zoning Board of Appeal€ BUILDING PERMIT (THIS PERMIT MUST BE KEPTON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 51567 Date: 01/16/202S Permission is hereby granted to: Elizabeth Swift 725 Park Ave Hoboken, N! 07030 To: Construct additions and alterations to an accessory garage as applied forto include second story storage and an outdoor sauna. Premises Located at: 1690 N Bayview Rd, Southold, NY 11971 SCTM#70.-12-37 Pursuant to application dated 11/07/2024 and approved by the Building Inspector.. To expire on 01/16/2027. Contractors: Required Inspections: Fees: Accessory-Addition/Alteration $375.00 CO Accessory $100.00 Total $475.00 Building Inspector ivied HEADER SCHEDULE �AO M 09 2026 �71 AR N LEGEND ICONSTRUCTI !tie ZNI Apjfi� -4a w z URI M ;k? I -*�rsm- PROPOSED RRST FLOOR PLAN -,PROPOSED SECOND FLOOR PLAN PROPOSED ROOF PLAN Q2, LLI 0>15 < < 0 Nn gg M CT Ell O�LLJ -ez z 0j LLI 0 all-0j 1�0c) CL.P" C, 0 G) n PROPOSED SECTION COE _70 N'T EL Ft1O' S 10 E�FLEVAT�1101'11,"QRTIJ�' -C4 U Y�- F-777-7-77-77 —01- M fi EAR ELEVATION( OAT -x.- C7'LEFT SIDE ELRIATION(SOUrM rs-TYP.WALL SECTION F5 D ( Receive AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS MAR 0,9. 2026 TOWN OF SOUTHOLD .Zoning Board of Appeals WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit,site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Elizabeth&David Swift 2. Address of Applicant:_725 Park Avenue,Hoboken NJ 07030 3. Name of Land Owner(if other than Applicant):_same 4. Address of Land Owner: 5. Description of Proposed Project: use existing second floor of garage for art studio (conditioned space) 6. Location of Property: (Road and Tax map Number)_1690 N.Bayview Road, Southold 7.Is the parcel within 500 feet of a farm operation? { ) Yes { X) No 8. Is this parcel actively farmed? { } Yes {X ) No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. K 2. 3. (Please use the back of this page if there are additional property owners) m � a Sigaatur 'ofA plicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Received W I Appendix B 1 Short EnvironmentalAssessment Form LIAR 0,9 2026 Instructions for Completing Zoning Board of Appeals Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information ZBA Name of Action or Project: Elizabeth&David Swift Project Location(describe, and attach a location map): 1690 N.Bayview Road, Southold Brief Description of Proposed Action:use existing space of second floor of accessory garage as art studio Name of Applicant or Sponsor:David&Elizabeth Swift Telephone: E-Mail: Address: 725 Park Avenue City/PO:Hoboken State: NJ Zip Code: 07030 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule, or regulation? X 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?If NO YES Yes,list agency(s)name and permit or approval: X 3.a.Total acreage of the site of the proposed action? .5 _____-_acres b.Total acreage to be physically disturbed? _0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? .5 acres Page 1 of 4 4.Check all land uses that occur on,adjoining and near the proposed action. °Urban °Rural(non-agriculture) °Industrial °Commercial X Residential(spa Mftlbived °Forest °Agriculture °Aquatic °Other(specify): °Parkland MAR 0`0 2026 5.Is the proposed action, ES /A a. A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? 6.Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES 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: __ X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action ? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10.Will the proposed action connect to an existing public/private water supply? NO ES Y X If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? If''/2 bathroom added NO ES Y 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 Places? NO YES b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? x b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14.Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all tlhat app y: © Shoreline © Forest ©Agricultural/grasslands © Early mid-successional © Wetland © Urban Suburban NOx IYES Page 2 of 4 15. Does the site of the proposed action contain any species of animal,or associat by the State or Federal government as threatened or endangered? 16. Is the project site located in the 100 year flood plain? MAR 0,9 2026 NO YES 17.Will the proposed action create storm water discharge, either from point or n - es. NO YES If Yes, a. Will storm water discharges flow to adjacent properties? ©NO ©YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ©NO O YES 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)? X If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO ES Y solid waste management facility? X If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO ES completed)for hazardous waste? X If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name, ���Zc1/J t''t � �°,�.I��""r Y""� Date: Z1 .,,. � Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the f flowing o 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 sm 11 a to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2.Will the proposed action result in a change in the use or intensity of use of land? 3.Will the proposed action impair the character or quality of the existing community? Page 3 of 4 4.Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? I l 5.Will the proposed action result in an adverse change in the existing level of traffic or affect Received existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate M NR 0\9 2026 reasonably available energy conservation or renewable energy opportunities? 7.Will the proposed action impact existing: Zoning Board of Appeals a. public/private water supplies? b.public/private wastewater treatment utilities? 8.Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9.Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11.Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3.Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impa tsc. 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 onsidering its setting,pro ability of occurring, c b duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. Page 4 of 4 Received MAR 0,9 2026 o Check this box if you have determined based on the information and analysis above,and any supporting oeen y d um tt �'ton, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. o Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead A envy � afore of Pre aver(uf different from des onsible Officer Page 5 of 4 gh 1 Board of Zoning Appeals Application Received MAR 0,9 2026 OWNER'S AUTHORIZATION Zoning Board of A (Where the Applicant is not the Owner) Appeal., `--t1V SW I —residing at �-� "X AV C I, (Print property owner's name) (Mailing Address) do hereby authorize P(Oy��(­I'a 0 04,—&4 (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 280146(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. T'IS THE PROPERTY OWNER'S RESPONSIBELITY TO ENSURE COMPLUNCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. ( is Si nature) (Print Owner's Name) AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics 2rohibits confligl§ofinterest on ths part of town officers and employees.The purpose o this form is to provide information which can alert the town of p2Lsible conflicts of interest and allow it to,take whatever action is necessary to avoid same. YOUR NAME :—Patricia C.Moore (Last name,first name,middle initial,unless you are applying in the name of someone else oR0 grqvjyuq la a company.If so,indicate the other person's or company's name.) MAR 0,9 2026 TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Zoning Board of Appeaj,,^ 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 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 r Submitted this 2 Aay,of,- 20 ZJ6 Signature Print Name )Irry r APPLICANVOWNER TRANSACTIONAL DISCLOSURE FORM The Town pfSouthold's Code of Ethics.prohibits conflicts of interest on the part of town officers an employees.The purpose of this form is to provide information which can alert the town of possj le conflicts of interest and allow it to take whatever action is necessary!g avoid same. YOUR NAME : Elizabeth&David Swift af (Last—name,first name,middle initial,unless you are applying in the name of someone else o her enti, h sue 65 a V company.If so,indicate the other person9s or company's name.) TYPE OF APPLICATION: (Check all that apply) MAR 0,9 2026 Tax grievance Building Permit Variance _X Trustee Permit -Zaning Board of Appeals 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 _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 of 20 Signature:,� Print Name lmj Recei �� - LWRP CONSISTENCY ASSESSMENT FORM MAR Q�Q ZOZ�&h I A. INSTRUCTIONS Zoning Board of Appe L All applicants for permits* including Town of Southold agencies, shall complete this MAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 70 _ 12 _ 37 The Application has been submitted to (check appropriate response): ZBA Town Board Q Planning Dept. Q Building Dept.D Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: R Nature and extent of action: use of existing 211 floor of accessory garage as art studio Location of action: 1690 North Ba Avenue Southold Site acreage:_.5 ELI Received Present land use: house and garage MAR ®,g 2026 Present zoning classification: R-40 Zoning Board of Appeals 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Elizabeth& David Swift (b) Mailing address: 725 Park Avenue Hobokgn.NJ 07030 (c) Telephone number:Area Code ( 917 ) 705-2423 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No El If yes, which state or federal agency's DE ELQPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. X Yes EJ No❑ Not Applicable accessory use in accessory structure enhances the residential character of the community 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 ❑Yes Ea No X Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold.See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes 0 No FXL Not Applicable 'Rf I NATURAL COAST POLICIES Received Policy 4. Minimize loss of life, structures, and natural resources from flooding and er^osRoq. �e2WRP Section III—Policies Pages 8 through 16 for evaluation criteria Zoning Board of Appeals Yes [a No 4 Not Applicable 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 D Yes [a No 0 Not Applicable Attach additional sheets 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 Q No® Not Applicable 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 n No N Not Applicable 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. Yes 0 No 0 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. Q IQ No X Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Received, l 1 Policy 10. Protect Southold's water-dependent uses and promote siting of new wa"ARI t uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. Zoning Board of ApP981l Yes XNotApplicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. 0- Yes-] NP XNot 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. Ye 'No P Not Applicable Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. Q Yes N(f�] XNot Applicable TOWN OF SOUTHOLD PROPERTY RECORD CAR -STREET VILLAGE DIST. SUS LOT f - t E ove iz __. 4 VQ Isw TYPE OF BUILDING $. _ - SF S. VL FARM COM106 CB. MIC& MkL Va1tse LAND IMR TOTAL DATE REMARKS 1 2 - _ - �=, .. IV �s s I g F a s - g Tillable FRONTAGE GE ON WATER Woodland FRONTAGE DEPTHMeadowland House t BULKHEAD Total ). TRIM _ COLOR N , -- CL 1 4 Cam+,! � � � � 1 � ---i �-------F - -- 15 [ i \\IBM l I ff MW Ad— ilk \ - E I � I � 1 t t v a _ I M. Bldg. 1 l Extension z S E Extension Extension 13 /_ _ p. 'Foundation Bath / Di y E I e 'Dinette Floors i !Basement K. Porch _ t,Ext. � fPorch Walls �, / Interior Finish I SLR. 1 Fire Place r Heat / IDR. Breezeway \ — ype Roof - Rooms 1st Floor jBR. Garage �, ✓ �� ��;_ f ,' Patio Recreation Room Rooms 2nd Floor FIN. B Driveway IDormer O. B. — F Total �� 'I �y COLOR - TRIM E A 70,12 37 3/10 Q t t Z - - 1st 2nd Foundations'` CB — Bath f Dinette OTHER (� € ertSlOn - �0 FULL COMBO CRAWL =`PARTIAL .. Floors _ «� 2. _._ Basement �� Kit, a-, 41C1�`; 20� su+e � �� Extension Finished B, Interior Finish S _ L.R. << 4 , -'r i Extension /, 0 - Fire Place y c, Heat � D.R. v 1 t� Garage _ BR, 9 Ext. Walls (��;+•°���aa< < °\ r 2� Porch Dormer Baths 1 Deck/Patio �oos3� �D ��� Fam. Rm. Pool - _ Foyer A.C. c E ` Laundry O.B, L Library/ Study Dock : 7 c ` C cr s \ \\N - ��� F s- t r 0 s agg ILI yv �\ �yZ ` IMMUNE Ao"o Ir VAA\ 1 �\ FIN �JIN, I 1, v t� n , MAR 0 9„20 Zoning Boars# of Rppea l ( r i IIIII e.� ✓, a / .. / fiver; µ([ I 0-9 2026 rd of Appeals 1/ � y r r 1, . w (3) LCD_ a CCV CL C, � O r