HomeMy WebLinkAbout52775-Z TOWN OF SOUTHOLD
BUILDING DEPARTMENT
T� LDNY. off Ow ,
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BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES
WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS
UNTIL FULL COMPLETION OF THE WORK AUTHORIZED)
Permit#: 52775 Date: 03/24/2026
Permission is hereby granted to:
Christine M MacDonagh
58 Maple St
Blue Point, NY 11715
To:
legalize "as built"additions and alterations to a pre-existing seasonal cottage as applied for per ZBA&
Trustees approvals with flood permit.Additional certification will be required.
I
Premises Located at:
7685 Horton Ln, Southold, NY 11971
SCTM# 54.-5-48.2
Pursuant to application dated 05/21/2025 and approved by the Building Inspector.
To expire on 03/23/2028.
Contractors:
Required Inspections:
Fees:
As Built Alteration $992.00
Flood Permit $150.00
RESIDENTIAL $100.00
Total S1.242.00
�t
Building Inspector
TOWN OFSOU THC LD--BUILDING DEPARTMENT
A
Town Hall Annex 54375 Main cad P. C�►. Boy l'1Southold,NY 11971-0959
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Telephone (631) 76 5-1802 Fax (631) 765-9502 l tlt s- � .s ���
ate Received
APPLICATION
FOR BUILDING PERMIT
For office Use Only
r
E C
PERMIT N cl,
Building Inspector
............ M AY 2 1 2025
..................
Applications and forms must be filled out in their entirety.Incomplete
applications will not be accepted. Where the Applicant is not the owner,an Building Department
Owner's Authorization form(Page 2)shall be completed. Town of Southold
Date:5/19/2025
OWNER(S)OF PROPERTY
Name: sCTM#�.000-54-5-48.2
Christine MacDonagh
Project Address:768,5 Hortons Lane, Southold
Phone#:881_578_3874 Email:c2bm@optonline.net
Mailing Address:58 Maple Street, Blue Point, NY 11715
Name:Darcee Oppici
Mailing Address:PQ Box 152, Mattituck, NY 11952
Phone#: 5039092 Email:do ppici amparchitect.com
DESIGN PROFESSIONAL INFORMATION:
Name:Anthony Portillo
. ttit uck
N.Y. 11952
Address: N1d Add 2 n 15 III �Ma BO
g
PC)
Email:a
Phone#.51 503 9092 ortillo@amparchitect.com�'
CONTRACTOR INFORMATION:
Name,
Mailing Address:
Phone#: Email,
DESCRIPTION OF PROPOSED CONSTRICTION
❑N ew Structure FAddition ElAlteration ❑repair ❑Demolition
Estimated Cost of Project:
[i]a ther As-Built $
Wlll the lot be re-graded? DYes No
Will excess fill be removed from premises? F]Yes ®No
1 �
4r,
Glean Goldsmith, President40
d Town Hall.Annex
,1 54375 Route 25
.Nicholas Krupski,Vice President
P.O. Box 1179
:uric Sepen.oski Southold, New York 11971
Liz Gillooly Telephone(631) 765-1892
Joseph Finora Fax(631) 765=6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
March 2, 2025
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AMP Architecture
"N m; ins
PO Box 152MAP 1 3 2026
Mattituck, NY 11952
RE: CHRI TINE MacDONAGH M
7685 HORTONS LANE, SOUT'HOLD
SCTM# 1000-54-5-48.2
Dear Mr. Porti llo:
The Board of Town Trustees took the following action during its regular meeting held on
Wednesday, February 11, 2025 regarding the above matter:
WHEREAS, AMP Architecture on behalf of CHRISTINE MacDONAGH applied to the
Southold Town Trustees for a permit under the provisions of Chapter 275 of the
Southold Town Code, the Wetland Ordinance of the Town of Southold, application
dated 'November 7, 2025, and,
WHEREAS, the LWRP Coordinator recommended that the proposed application be
found Inconsistent with the LWRP, and,
WHEREAS, the Beard of Trustees has furthered Policy 5.3 of the Local Waterfront
Revitalization Program to the greatest exte,n�t possible through the iMposftio�rn of the
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following Best Management Practice re uiren e�nt : establish and perpetually maintain a
15' wide non-turf buffer; issuing a Wetland Permit; and
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said
application on February 11, 2025, at which time all interested persons were given an
opportunity to be heard, and,
WHEREAS, the Board members have personally viewed and are familiar with the
premises in question and the surrounding area, and,
WHEREAS, the Board has considered all the testimony and documentation submitted
concerning this application, and,
oil
2
R,
WHEREAS, the project complies with the standards set"forth in Chapter 275 of the
Southold Town Code,
WHEREAS, the Board has determined that the project as proposed will not affect the
health, safety and general welfare of the people of the town,
NOW THEREFORE BE IT, Management
RESOLVED, that for the mitigating factors and based upon the Best
Practice requirement imposed above, the Board of Trustees deems the action to be
Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5
of the Southold Town Code, and,
RESOLVED, that the Board of Trustees APPROVE the application of CHRISTINE
MacDONAGH for the existing 652sq.ft. seasonal cottage with an existing 8.3'x20'
sunroom; as-built 3.6'x7.1 0' entry porch; as-built in-place reconstruction of 442.5sq.ft.
seaward deck off dwelling; and as-built 3.10'x5.9' aftached shed; with the condition to
establish and perpetually maintain a 15' vegetated non-turf buffer; and as depicted cted on
the site p lan prepared by AMP Architecture, received on February 25, 2026, and
stamped approved on March 2, 2026.
Permit to construct and complete project will expire three years from the date the permit
is signed. Fees must be paid, if applicable, and permit issued within six months of the
date of this notification.
Inspections are requ i red at a fee of $50.00 per inspection. (See attached schedule.)
Fees: $ 50.00
Very truly yours,
pY
Sir
J,10,
Glenn Goldsm'ith
President, Board of Trustees
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Wetland Permit for the existingf 52sq.ft. seasonal cottage wing 8.3'x20
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sunroom; as-built 3.f'x7.101 entry parch; as-built in-place reconstruction of 442.5sq.
seaward deck off dwelling; and as-built 3.1 O'x5,9' attached shed; with the condition to
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WITNESS WHEREOF the said Board of Trustees hereby causes its Corporate Seal be affixed,
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and these presents to be subscribed by a majority of the said Board as of the day and year written b
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ROJECT` Z NI NO DATA
;HITEGT'S SITE PLAN 4 15�RIF1GATION 5Y t� LIGENSED�E INFORMATION #ON TH15 SITE PLAID 15 TO THE
ISTRIGT R-40 GONFORMINCEST DI' ICNO�ILEDGE_ w
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ETTANDS DISTRICT PTNi�INT;NGE nRI� --JNY 11141 T
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BOUT OLD T NN CODE §2aO- OQ:124
DE50RI PTI ON (FOOTPRINT) AREA LOT (D
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TOTAL LOT AREA
BUILDABLE LOT AREA
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(LANL)NARD OF ViETLANP5)
EX15TINO SEA50NAL GOTTAOE 66a.0 S.T. 4.1% -�--�
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A5--BU I LT ATTACHED SHED TT.O S.E. O.1
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AS--BUILT ENTRY PORGH 2-7.4 S.P. 0.2% T
AS-BUILT REAR DECK 442.5 S.E. 2.1 '
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TOTAL AREA OF ALL STRUCTURES II5 .1 S.E. !:--2
c t- °s 5 , : .. MAXIMUM LOT GOVERACE LLOINE BASED ON BUILDA
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BOARD OF )
�ZU%SJTEES
TOWN OF SOUTHOLD ZONIN5 REOULATIONS MAIN BUILDIN&
DATE
UTHOLD TOM GODS §:250-1:24 oa
Af
EXIST. COMPLIES
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MIN_ FRONT YARD SO.O' 28.�' NO
BOARD MEMBERS II S01140 Southold Torn Hall
Leslie Kanes Weisman Chairperson 53095 Main.Road 9 P.O. Box 1179
Patricia A.camp ora Southold,NY 11971-0959
Robert L .ehnert Jr Office Location.:
� Town Annex/First Floor
u
54375 Main Road(at Youngs Avenue)
W a rA�S i l r aJ
N} "o U Southold NY 11971
RECEIVED
LIX
F E B 2 6 2026
f
http://southoldtownny.gov
`
ZONING BOARD OF APPEALS
5
F E 5', 25, 2 0
I I f TOWN OF SOUTHOLD
Tel. (631) 765-1809 L
SoutholdTown Clerk
FINDINGS, DELIBERATIONS AND DETLRMINATION
MEETING OF JANUARY 22, 2026
ZBA FILE No. 8073 AMENDED FEBRUARY`19, 2026
NAME OF APPLICANT: Christine MacDvnagh
PROPERTY LOCATION: 7685 Horton Lane, Southold,NY SCTM No. 1000-54-5-48.2
ISEQRA D J`*E: I The Zoning Board of Appeals has visited the property under consideration in this
pp
a lication and determines that this review falls under the Type 11 category of the State's List of Actions, without
,
further steps under SE( R.A.
S FFO K COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk
County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply
dated October 28, 2025 stating that this application is considered a matter for local determination as there appears to
be no significant county-wide or inter-community impact.
LW RP" " "T R l A TI `: This application was referred for review under Chapter 268, Waterfront Consistency
review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LV%IIII`RP) Policy
Standards. The LWR.P Coordinator issued a recommendation dated January 7, 2026. Based upon the information
provided on the LVRP Consistency Assessment Form submitted to this department, as well as the records available,
it is recommended that the proposed action is
INCONSISTENT with LAAW policy standards and therefore is INCONSISTENT with the LVW.
Policy 6. Protect and restore the quality and function of the Town of Southold's ecosystem.
6.3 Protect and restore tidal and freshwater wetlands.
A. Comply with statutory and regulatory requirements of the Southold Town.Board of Trustees laws and
regulations for all Andros Patent and other lands under their jurisdiction.
D. Provide adequate butters between wetlands and adjacent or nearby uses and activities in order to
ensure protection of the wetland's character, quality, values, and functions.
And Town code policy Section 275- , "Findings; purpose;jurisdiction; setbacks
D. Setbacks
1.The following minimum setbacks apply to any and all operations proposed on residential property
within the jurisdiction of the Board of Trustees:
a. Wetland boundary [1] Residence: 100 feet
Neither the existing structure nor the deck addition meet the 100' setback from the wetland
boundary. Given the proximity to wetlands, this application should be reviewed by the Trustees.
If the deck is allowed to remain, a significant native vegetation, non-disturbance buffer should be
established.
au
Page 2, January 22,2026, AMENDED FEBRUARY 199 2026
#8073 MacDonagh
SCTM No. 1000-54-5-48.2
However, with the conditions imposed associated with the relief granted herein and the pending reviews by the
Southold Board of Trustees and the New York State Department of Environmental Conservation, this Board finds
the application CONSISTENT with the LWRP.
PROPERTY FACTS/DE&CRIPTION., The, subject property is a, confortning 41,589 square fbot, parcel, ('14,515
square feet bul"Idable) in the R:40 Zoning District, The property has 130.00,feet frotiling Ulorton,"s,Lane on the north,
"de ha� s a westerly boundary of 404.36 feet running Eeom Hbrtot�i`s Lane 1*nto, L111yPon,d,, a sotlther`ly boundaryof
si , � , C
80.00 feet underwater in Lilly Pond, and an easterly boundary of 457.96 feet running from Lilly Pond back to
l4ortori's, Lane. The property is developed with a one-story seasonal, fearne dwell ing,a hybrid wood/composite rear
deck,,an atta,,ched frame shed,and wood entry steps and porch,all as sliown,on the survey prepared by John Gallachet-1,
Licensed Land Surveyor, last updated September 19, 2025. The survey notes that the freshwater wetland boundary
was delineated by Shawn M. Barron, M.S., on August 21, 2025.
BASIS OF APPLICATION: Request for a Variance from Article XXIfl, Section 280-123A and the Building
Inspector's September 18, 2025 Notice of Disapproval based on an application for a permit to legalize "as-built"
additions and alterations to an existing seasonal cottage;at; 1)a nonconforming building containing a nonconforming
use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a
conforming use; located at: 7685 Horton Lane, Southold,NY. SCTM No. 1000-54-5-48.2.
"S"IF D: The applicant requests a variance to legalize as-built additions and alterations, primarily a
FED
REL
IEF _-� �
re-furbished 442.5 square foot as-built rear deck, on this seasonal 668-square foot cottage (liveable area 604 square
feet) where the Town Code del"ines a one-family dwelling as havilrig a minimum of 850square f6et liveable floor
area and does not define "seasonal cottage." Deck and dwelling,Odin,ensions are as shown on the arcilitecttiral plans
titled "MacDonagh Residence," pages SD-0 1, Site Plan Building Section, and SD-02, Floor Plan and Plan Key,
prepared by Anthony M. Portillo, R.A., dated October 16, 2025 (Stamped Received January 7, 2026).
ADDIT10NAL1 NiFORMATION': The applicant's representative testified at the Public Hearing that the applicant
I I'—,did not wish to convert the seasonal cottage to a year-round residence. On April 21, 2025 the Town Ordinance
Inspector ISS'Lied a Stop Work O'irder on the deck refurbishment work and,the applicant ceased, wor k,, The app l icailt's
representative testified atthe Pubh1c Hearing that,, based on the nature of the deck,tinder'structure,,on,,tht deplictl'oti,of
a deck on a 1985 application for a building permit for a, fence, and on the current owner's, meniory of when the
property, was owned by her father, the deck has probably, been in p4ace,46r approximately 40 years or more, The
applicatia's representative further testified that the applicant reli,ed on dielt-,contractor f6r 9,ti,i'dance as to whether a,
building permit was required. In issuing its Notice of Disapproval,,the Bul"IdIng,Departnient noted the improvements
to the existing seasonal cottage were"non-substantial."
The parcel was the subject of ZBA decision#1851, dated November 1, 1973, which allowed the applicant to divide
a lot containing two dwellings into two approximately equal separate lots,each with less than the minimum required
lot width.
No member of the public spoke in favor of or in opposition to the project.
The applicant's agent submitted dated photos obtained from the property owner showing the existence of the subject
deck in 1976, 1984, and 1991.
On January 30, 2026, the applicant's representative requested that Condition No. I be amended to
remove the requirement of a permit from the New York State Department of Conservation
(NYSDEC) since permits are not required by the Agency for"as-built" structures. The request was
followed up with a copy of an email dated February 12, 2026 from a NYSDEC representative
confirming that the Agency does not issue "as built" permits. At the Special Meetingof February
Page 3, January 22,2026, AMENDED FEBRUARY 19,2026
#8073 MacDonagh
SCTM No. 1000-54-5-48.2
19, 2026, the Board voted to amend Condition No. I to require only a Town of Southold Board of
Trustees Permit.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on January 8, 2026 at which time written
and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property
and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and
relevant and makes the following findings:
1. Town Law§267-bfj)(h (LI., Grant of the variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. It was established to the satisfaction of the Board that the deck
has been in place for decades, consequently merely replacing the deck surface produces no change to the
neighborhood's character nor detriment to nearby properties.
2. Town 'Law §267'b,QJ( I The benefit sought by the applicant cannot be achieved by some method, feasible
for the app licant to pursue,other than an area variance. The applicant wishes to replace the surface of a pre-existing
deck that has been in place for several decades, and to legalize the same, attached to a non-conforming seasonal
dwelling. This can be accomplished only by seeking relief from this Board.
3. Town LaAA2,�� b 3)(b),(31, The I he variance granted herein is mathematically substantial,representing 100%relief
from the code. However, g iven the presence of a deck foundation that has long been in place, legalizing the existing
location is the practical path.
4. Town, Law, §2,67bQ3)Jb,') 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 obtain Town Trustees
and NYS DEC pen-nits.
5. Tono Laiir 42,EtQj�b (5),1, The difficulty has been self-created. The applicant inherited 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 transfer.
6. Toivn- §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a refurbished, pre-existing deck while preserving and protecting the character of the
neighborhood and the health, safety and welfare of the community.
RESOLUTIONOF THE BOARD: In considering all of the above factors and applying the balancing test under New
York Town Law 267-8.motion was offered by Member Steinbugler,seconded by Member Lehnert,and duly carried,
to
GRANT the variance as applied for, and shown on the architectural plans titled "MacDonagh Residence," Pages
SD-01, Site Plan Building Section, and SD-02, Floor Plan and Plan Key, prepared by Anthony M. Portillo, R.A.,
dated October 16, 2025 (Stamped received January 7,2026).
SUBJEUr'"F0 THE FOLLOWIN`G, CONDITI
1. The applicant must obtain a Trustees Pen-nit from the Southold Board of Trustees aftl;r CX:N1
Ful;ILIn
Page 4, January 22,2026,AMENDED FEBRUARY 19,2026
#8073 MacDonagh
SCTM No. 1000-54-5-48.2
2. The applicant must apply to the Building Department for a building permit for the "as built" improvement
within 90 days of receipt of the Trustees and DEC permits and submit the Building Department building
permit to the Office of the Zoning Board of Appeals, or submit a written request for an extension to the
Board of Appeals setting forth the reason(s) why the applicant was unable to obtain a building permit in the
time allotted.
3. The applicant must obtain a Certificate of Occupancy from the Building Department for the "as built"
improvement and submit same to the Office of the Zoning Board of Appeals within 18 months of this
decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s)
why the applicant was unable to obtain a Certificate of occupancy in the time allotted.
4. The "as built" improvement may not be used until a Certificate of Occupancy has been obtained.
This approval shall not be deemed effective until the required conditions have been met.At the discretion of the
Board of Appeals,failure to comply with the above conditions may render this decision null and void.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
The Board reserves the rkht to substitute a similar desi n that is de minimis in nature- or an alteration that does not
increase the 6k-gree oLt,,;,L)Li,Ct)n,foLn.,,!,�LtElprovided'de Ea(yested witly"it one, ear o e date o IS f lLi* decisionwf
Anv time a ter on Egyn,Me Boar(I ins Lequire a,ne,w,g,,'M' Lication.
't
IMPORT,ANTLIMITS ONTHE APPROYALLS)GRANT'ED,HERE IN
Please Read C'arefully
Any deviation from the survey,site plan and/or architectural drawings cited in this decision,or work exceeding the
scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a
bu ildin or permit and/or the issuance of a Stop Work Order, and may require a new application and public hearing
6
before the Zoning Board ofAppeals.
Any deviation from the variance(s)granted herein as shown on the architectural p
.drawings site Ian and/or survey cited
dr
awings,,
above,such as alterations, extensions,demolitions, or demolitions exceeding the scope of the relief ,ranted herein,are
not authorized under this application when involving nonconformities under the zoning code. This action does not
authorize or condone any current or future use, setback or other feature of the subject property that may violate the
Zoning Code, other than such uses,setbacks and other features as are expressly addressed in this action.
TIME LIMITS O'N'"TH','I'S,DPP R,Of"V,AL� Pursuant to Chapter 280-146(B) of the Code of the Town of Southold
any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has
not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)
years from the date such variance was granted. The Board of Appeals may,upon written request prior to the
date of exp iration, grant an extension not to exceed three(3)consecutive one(1)year terms.IT IS THE
P,R,OP'E,RT'Y'O'W,N��'��EA"R"S',RES'PONS",I,B,,"l',Ild,ITY TO ENSURE COMPLIA NCE WITHTHE CODUREOU IR.,EeD,
TIME,FRAMEDE,SCRIMI)HEREIN.Failure to comply in a timely manner may result in the denial by the
Building Department of a Certificate of Occupancy,nullify the approved variance relief,and require a new
variance application with public hearing before the Board of Appeals.
Vote of the Board: Ayes: Members Weisman(Chairperson), Planamento,Acampora, Lehnert,and Steinbugler. (5-0)
0p,
restle Kanes Weisman, .,hairp er.son
Approved for filing � /, ,, /2026
Ip
Arch' Address:iU200 Main Road,Unit 3A,NCattituck NY 11952
rtture _AM Phone:(631)so3 9092
Design + Build
January 30.2026
f
Southold Town Zoning,Board of Appeals 13
54375 Route 25
Southold,N.Y.11971 -44(
Re: MacDonagh Residence
7685 Horton Lane
Southold,N.Y.11971
S CTM#1000-54-0 5-48.2
ZBA Pile#8073
Dear Board Members,
At the January 8,2025 public hearing the ZBA Board reviewed our application for the above
mentioned property and issued a grant with conditions.
Condition#1 states'The applicant must obtain a Trustees Permit from the Southold Board of
Trustees and a New York State Department of Conservation permit"
The grant issue is for as-built structures at this property only,The New York Start Department
of Conservation,doles not issue permits for as
-built work therefore,we will not be able to obtain
a permit from their department for these structures.
We are kindly asking for this condition to be removed from the grant far this reason.
Please contact me at the number below if there are any issues or questions.
Thank you.
Brooke Epperson
AMP Architecture
e ersor archi a .co,
(631)603-9092
Page 1 of 1
Fuentes, Kim
...... ....................
From: Brooke Epperson <bepperson am parch itect.co m> 0'`�
Sent: Tuesday, February 17, 2026 3:47 PM
To: Fuentes, Kim;Westermann, Donna; Sakarellos, Elizabeth
Cc: Madison Malone
Subject: Macdonagh 7685 Hortons Lane ZBA File#8073
Attachments: Amp Architect Mail - DEC Permitting General Question.pdf Its,
No
Hi Kim,
Attached is the response from the DEC regarding as-built permits.
I contacted the Bureaus as she mentioned but was only able to get the Freshwater off ice on the phone.
Both offices do not issue permits, they are a Board of advisors that review applications and submit
Letters to the DEC for them to then take into consideration for issuing permits. He also told me that
structures built prior to 1978 are grandfathered in as per Article 25.The photos the homeowner provided
date the deck back to 1976.
Please let me know if this is enough to remove the DEC condition or if you will need more.
Thank you
Brooke Epperson
Design Director
A M P Architecture
Design + Build
Office: 631-603-9092
m h Jte_,cU,_,,o_r_n
ATTENTION:This email came from an external source. Do not open attachments or click on links from
unknown senders or unexpected emaiLs.
FEB 17
2(NOGBOARDOFAPPFALS
1
-2/17/26,3:40 PM Amp Architect Mail-DEC Permitting General Question
AM P Brooke Epperson <bepperson@amparchitect.com>
DEC Permitting General Question
........I.I
Scott, Elyssa E(DEC) <EIyssa.Scott@dec.ny-gov> Thu, Feb 12, 2026 at 12:38 PIVI
To: Brooke,Epperson <bepperson@amparchitect.com>
Hi Brooke,
No,we do not issue aso-built permits. In those cases we would advise that the applicant contact the program(Bureau of
Marine Habitat Protection for tidal wetlands or Bureau of Ecosystem Health for freshwater wetlands)and ask,about
getting a letter frorn them. If it's something we likely would have permitted then,they would possibly get a notice of
violation that Issues,a warning. Otherwise they may have,to g,o through the violation process with a compliance
conference.
BMHP can be reached at 631-444-0295 and BEH can be reached at 631-444-0275.
FCID
17 2026
Elyssa
From: Brooke Epperson<bepperson@amparchitect.com>
Sent:Thursday, February 12, 2026 11:39 AM
To:Scott, Elyssa E(DEC)<Elyssa.Scott@dec.ny.gov>
Subject: DEC Permitting General Question
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BOARD MEMBERS So, Southold Town Hall
, 53095 Main Road•
P.O. Box 1179
Leslie K.anes Weisman, Chairperson
Southold,NY 11971-0959
Patricia Acampora .
Robert Lehnert, Jr.
Office Location:
Town Annex/First Floor
Nicholas Planamento
54375 Main Road(at Youngs Avenue)
Margaret Steinbugler � 1
g Southold,NY 1197
� r RECEIVED
http://southoldtownny.gov
'` OF APPEALS
ZONING BOA
�i NCB" ON SOUTHOLD ,BAN 28 2026
Tel. (631) 765-1809 ;OVlc 6own Clerk
Clerk
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JANUARY 229 2026
ZBA FILE No. 8073
NAME OF APPLICANT: Christine MacDonagh
PROPE
RTY LOCATION: 7685 Horton Lane, Southold,NYSE RA SCTIVi No. 1000-54-5-48.2
NR�. 7' : The Zoning Board of Appeals has visited the property under consideration in this
1 g
application and determines that this review falls under the Type 11 category of the State's List of Actions, without
further steps under SEQRA.
Sul FOLK
A' ISN` This application was referred as required under the Suffolk
' 14-14 to 23 and the Suffolk County Department of Planning issued its reply
11
Co 11 unty Administrative Code Sections A ,
dated October 28 2025 stating that this application is considered a matter for local determination as there appears to
be no significant county-wide or inter-community impact.
ILWRP DETE NAN. pp This application was referred for review under Chapter 268, Waterfront Consistency
re iew of the Town o thold Town Code and the Local 'waterfront Revitalization Program (LWRP) Policy
Standards.
The LNR.P Coordin to�� issue a recommendation dated January 7, 2026. used upon the inform tion
the:LMW Consistenc Assessment o sub, it�ted to this department, as well as the records available,
provide n y
it is recommended that the proposed action, is
INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP.
Policy 6.Protect and,restore the quality and function ofthe Town of S,outhalds ecosystem.
r
6.3 Protect and restore tidal and freshwater wetlands.,
A. Comply with statutory and regulatory requirements of the Southold TownBoard of Trustees laws and
p y �'
regulations for all Andros Patent and other lands under their jurisdiction.
D. Provide adequate butters between wetlands and adjacent or nearby uses and activities in order to
ensure protection of the wetland's character,quality, values, and functions.
And Town code policy Section 275-3,"Findings; purpose;jurisdiction; setbacks
D. Setbacks
1.The following minimum setbacks apply to any and all operations proposed on residential property
within the jurisdiction of the Board of Trustees:
a. Wetland boundary [1] Residence: 100 feet
Neither the existing structure nor the deck addition meet the 100' setback from the wetland
boundary. Given the proximity to wetlands, this application should be reviewed by the Trustees.
Page 2, January 22.,2026
#8073 MacDonagh
SCTM No. 1000-54-5-48.2
If the deck is allowed to remain, a significant native vegetation,non-disturbance buffer should be
established.
anted herein and, the pending reviews "by the
However,, with, the conditions repo associated with the 'relief gr
P"ork St at Department of Environmental Conservation, this Board, finds
Southold Board of Trustees and the New N, , , 4 'a
the application CONSISTENT with the LMW.
per� forn,ing 43,589 square, f6ot parcel (14,5 I5
ILON.
PlIKOPERTY FA TSB Th,e subject pro, 'is a,, con
•
o 11,30.00feet frontingtiorton's Lane on.flie no' rth
square feet buildable)in the R,-40 Zonlng District,,. The pr perty h,,a,,s,, Hly P�on I o d a southerly boundary of
ide, 'has a west:erly boundary of'404.36 &et running ftom, Horton's Lane "at Li
s om Lilly, Pond, backto
80.00 'feet underwater in Lilly Pond, and an, easterly, boundary of 4,57.96 feet running tr I
y,seasonal fame dwel,111lig,a hybrid,wood/composite,rear
'Horton �s Lane. The property is developed with a one-stor
a d,po h,all as,shown on,the survey preparedby,John Gal,lacher',
deckl an attached frame shed,and wood,entry steps n rc ,that-,the freshwater wetland boundary
Licensed,Land Surveyor, last updated, September 19,, 2025. The survey notes
was delineage Shawn M., Barron,M.S.,on,August 21,2025.
BASI,S OFAPPLICAT1Q.N,- Request fora a Variance feom, Article XXI11, Section, 280-123A, and 'the BuiRd-ing
it to, legalize ticas-buift
al 'based, on an, application for a permi
Inspector's September 18,, 2025 0 Notice of Disapprov "1)a nonconforn,,*, g I i trig,ano
add itions andalle,rattio"ris,to an,existing seasonal cottag�e- at-, 1,n bu"Id"ng,conta,in* nconforin,*tng,
1 "21
use shall not be enlarged, reconstructed, structurally alteTed or moved, 'unless such building is changed to, a
conforming use; located at: 7685 Horton Lane, Sot old,NY. SCTM No. 1000-54-5-48.2.
'he app'l"can't requests a,varianceto, legaltze,as-built additions,and Iterati
F 13, a tons, rim my a,
TLD-
U'ES
B 11E foot buwlt ear deck,on th*is, seasonal 668-square. ,fbot cottage(tweable area,604 square
re furbished �442.5 squ,are� ot as- 1 ,r 0 * I hveable floor
feet ere ffie Town Code derinesa one-fami'lly dwelling as havinga minimum of'850 square feett,
M
area and does not derine"seasonal,cottage." Deck and dwefling di'm,ensions are as shown on,file architectural lens
FloorPlan and Plan, Key',
titled, 'WacDonagh, Residence,"' pages SD-01, Site Plan Building ection, and SD-021
0 2,025(Stamped Received,January, 17,20216).
prepared byAntliony M. Portillo,,R.A.,dated October 16,'
,AD"DITIONAL INFORMMATION'-., The applicant's representative testified at the Public Hearing that the applicant
did not wish to convert the seasonal cottage to a year-round, residence., On Aprij, 2 1, 2025 the Town Ordinance
or he appitcant'si
1, spector issued,a,,,Stop,Work,Order on the deck refurb*shinent wo ,and the ap,pl*cant ceased,wok. T'
,,n of the deck understructure,,on the depiction of'
representative test.fedthe PLibl,'i'c Hearing,that, based,on the nature
I Ing perml or a, felnee and on the current, owner's memory, of when the
a deck on a 19,85 apph"cabion for a build,,"' it, f
property was o wned by her father,, the deck has probably been, in place fior,approximately 40years or more. The,
appli*'cant's repr'e�s,entat"tv�efurtli,er''tc�s,tt*,fied that the applicant relied on their contractor for guidance as to whether a
W 1, isapproval the Building Department noted the improvements
building permit was required. In,j,'s,su,,Ing'i,t,,sNo,�t*c,eo,f,Df"
to the existing,seasonal cottage were,"non-substantia]."
The parcel was the subject of ZBA decision#185 1, dated November 1, 1973, which allowed the applicant to divide
a lot containing two dwellings into two approximately equal separate lots,each with less than the minimum required
lot width.
oi
No member of the public spoke in favor of or in opposition to the project.
The applicant's agent submitted dated photos obtained from the property owner showing the existence of the subject
deck in 1976, 1984, and 1991.
Page 3, January 22,2026
#8073 MacDonagh
SCTM No. 1000-54-5-48.2
ASONS FOR BOARD A CTION:
FIN,jNFGS_�FFAC71' RE
TheZoningBoard of Appeals held,a,public hearing,on this applicall"on,o�n,Januaty $,2026 at wh'ich time written
and oral evidence were p,resented., Bassed'upon all,testimony',documentatton, personat 'inspection,of the property
4" , oar d finds the fallowing facts to be true and
and surrounding neighborhood,and other evidence,the Zoning B
relevant and makes the following findings:
irab in,the character of-the
1. Togn La& Grant of the,variance,will not produce an undesi le change `
.L2,67-�Q)(U,U1 t,'* I he'Board that the deck
i a 'h fies,, It was establIshed �to the sa isfact"on of t,
t g-borhood or a detriment to neafby proper
has been in place f6r decades,,, consequently, Merely, replacing the deck, surface produces 'no change to the
I
neighborhood's character nor d,etr*men,t to,nearby properties.
2. 1"ownn Law 6.7-bjLUb (2)� The, benefit sought by the a plicant cannot be achieved. by some metliod, feasible
,P
wshes to re the,surface of a pre-existing
forthe applicant to,pursue,other than,,an area variance. The applioant, i forming seasonal
deck that has 'been, in place for several, decades, and to, legalize the same, attached to anon-con
4,
dweill"ngI . This ean be accomplished only by seekingrelieffrom this Board.
J31' . 'l"',hle,varaceganted herein 'is mathematical1v substantial,representing 100%relief
3. Town Law_§267 b(3),Lb.)f1 existing
11
from the code,. However, given'the presence of a deck foundation tha,t has,long been in place, legalizing the
location is the practical path.
N "dence has been, subm,'itted to suggest fliat a variance in this residential
4. Town Law, U67�'W)Lb o evi
coin I I'll have, an, adverse impact onthe physical or environmental conditions in the neighbornood. The
,munty, w F 11 1) ode and obtain Town Trustees
applicant must comply with Chapter 236 of the Town s Storm Water Management C
and NYS DEC permits.
5., TownL,aw 4267 t13 (b)(al, The,, difficulty has been self-created,., The applicant 1,nherited the parcel after the
ct,"'ve knowledge of the
1� is prestimed that the applicant had actual or, constru i
Zon*ng Code was in effect and, t * 1* jin f transfer.
11"Mi"'tation"Is on the use of the parcel under the Zoningg Code in effiect prior to or at the time o
6. Town Law. 267-b# Grant ofthe requested, rellief is, the minimum action necessary and adequate to enable the
ted,pre-exisfing deck while preserving and protecting,the character of the
applicant to,enjoy thebenefiit ofa ref6rbisl , I
ty and,welfare of the co mmunity.
neighborhood and thehcalth,saf�pt
4, In,considering all of the above factors and applyi1n,g the balancing test under'New
RESOLUIR10,N OF T and duly carried,
York Town Law,26743,,,motion was offered by Member Ste inbu g]er,secondedby Member Lehnert
to
es
1"'ed for and shown,on the architectural plans titled "MacDonagh Residence," 'Pag
GRANT the variance as app, t id, Plan Key, prepared by ,Anthony M. Portillo, ',RA,.,
,�I I in, and
SD-01, Site Plan Bui'd*ng Sect' SD-02 Floor,Plan an
to
dated October 1.6,2025 (Stamped,received January 7,2026).
Cy CONIDITI"ONS,*
SUBJEL"TTOO TH"Ej, FOLLOWIN
1. The applicant must obtain a Trustees Permit from the Southold Board of Trustees and a New York State
Department olf'Cons,ervat,*iot,i,penn.,i,t. 1 311 t
i t unproveme
'b,t,,i,'j',I�d'in,g,pen�lii,,tfor the, ",as bu,"'I
2. The applIcantmusit appily to the Building Department fior,a i
Iment biuildin(l,
t1i"n 90 days of' ceipt ofthe T�rustees anDECpermits aid,submitthe Butldtng Deparil t 're, uestfor an extensloti to the
it to flie 0 r su,bmft a written.request
cffitce ofthe Zon'tig Board of Appeals,oar bti"Id' he
1 1 ,in a i itig permit in t
'is,settlngf (s),why t,he applicall"'t wasp u nab"e to obta
Board ofAppea, fort reason
time allotted.
Page 4, January 22,2026
#8073 MacDonagh
SCTM No. 1000-54-5-48.2
' he l"
3. The applicant must obtain a Certificate of Occupancy from the BuddIng Departm,,,entfor t "as bu It"
improvement and submit same to the Office of'the Zoning Board,of Ap peals wIthin. 18,month s of this
decision or submit a written request for an extension,to the Board of,Appeels setting f6r-th the reason(s)
why the applicant was unable to obtain a CertlifiCate of occupancy in the time allotted.
4. The "as'budttl improvement may not be used, untlil,,,a,Certificate of Occupancy has been obtained.
This approval shaft notbe deented effective until the required conditions have been met.At the discretion of the
Board of'Appeals,faitureto comply with the,above. conditions may render this decision null and void.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued
n
de Fn,ngur r an a
e fteration,that do
The Board reserves the j:j&11110 s, gitute.a similar des i,en that Is ininigs i
es
not increa.ve the!gggreg o, non,cogLormit ovided d�mintLnds relic is,regyested with itn one, Eg rg the date o
L
this deciston. Anv limeg-Lio L!Wg the Ma.M
j Lea BO a new
I WwORTANT LIMITS ON A ROVA� NTED HEMIN'
7
Please lte fill
is,decisi rk exg,
ny de'viation from the Survey,site,plan an or archilectura/drawings cited in di on,.,or wo cee4in
'Will result in dela s andlor apossible, denial by the Building,Departmetif
,tlie�vcopeof'tlie,rel,iefg�r,antedhe,rei,,n y
�i i
of'a buildiqg,piermil an or the isswance of,a,S19p or Order,and mayrequire a new application andpablic
hearing bef 6re, theZonipg,Board ppeals,
Any de from varianve(s as s1rown on the,architectural drawings,,site p,tan an&or stimy,
, )granted herein,
cited above,such os afterations, exlensi ons, dr,�#tolftions, or de-niolidons exceedingthe scop e oj"the rel iqfgranted
olvat es tinder the zoning code. Mis,
herein, are not authorized under this application when inv I ' g nancatyortnid *#
action does not authorize or condone any current or future use�setback or other fewure of the suDleetpropeIrty,
that may violate the Zoning Code, other than such uses,setbacks and other featuresas,are expressl�addressed in
this action.
I HIS APPROVAL-*, t to Cliapter 280-146(B),of the Code of the Town of
][IME L1,NUTSON T PUTS11'an W,
S I out hold any'varjance granted, by the Board, of Appleals shall become nulland void Where a Certificate of
10 14 ,,uf n
Occupancy'llas not been procured,and/or a sub,division map, has not been, fiJed,wlith theS, folk Cau ty
Clerk,W.ith"in 'three(�) ears from the,date such,variance was granted. The Board of Appeals �m,ay,upon
n i o
written request priar to the date,of expiratton,grant an extension, �not to exceedthree(3)co, secut"
ve ne
. )
'r p IS ;PONSIBMITY''To�Nsu"RE ICOMYLIANCE WITH,
year terms. IS THE
S,Ro�PERTY OWNVER .11RU
THE.C FIRANWc DESCRIBED 11 REREIN.Failure to comply in a timely manner
may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved
variance relief,and require a new variance application with public hearing before the Board of Appeals.
Vote of the Board: Ayes: Members Weisman(Chairperson),Planamento,Acampora,Lehnert, and Steinbugler. (5-0)
1 'Kanes 'eisman C erson
Approved for filing /2026