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ev To Gt C. d e Owner: Shelter Island Sound Inc File M 8067 GAddress: 900 Paradise Point Rd Code: 25MS U Agent Info Frank A. Isler' 456 Griffing Ave Riverhead, New York 11901 Phone: (631)727-4100 Fax: Email: fisler@sfliy.com 0 a° c�2 K SS'Vi . BOARD MEMBERS ��pE SOUj�o Southold Town Hall Leslie Kanes Weisman, Chairperson ,`O l0 53095 Main Road• P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert, Jr. t/a Office Location: Nicholas Planamento G,'�c► • �O Town Annex/First Floor Margaret Steinbugler Olif'C�UI 54375 Main Road(at Youngs Avenue) ' SoutMb http://southoldtownny.gov 4 6 ZONING BOARD OF APPEALS D C 2 3 2025 TOWN OF SOUTHOLD � Tel. (631) 765-1809 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 18,2025 ZBA FILE No.: 8067 NAME OF APPLICANT: Shelter Island Sound, Inc. PROPERTY LOCATION: 900 Paradise Point Road, Southold,NY SCTM No. 1000-81-3-25.2 SEORA DETERMINATION: The 'Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated December 3, 2025. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available, it is recommended that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. 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 jurisdiction. D. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality,values, and functions. The proposed actions on undeveloped land are not in close proximity to the tidal waters of Shelter Island Sound and will not negatively impact surface water quality of otherwise harm wetland habitat and are consistent with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject parcel is a rectangular conforming 87,121 square foot property in the R-80 Zoning District.The property has 188.34 feet fronting Paradise Point Road,a northerly boundary running 591.53 feet from Paradise Point Road to Shelter Island Sound, 124.93 feet fronting Shelter Island Sound, and a southerly border in two segments of 200.00 feet and 406.95 feet between Sheltdr Island Sound and Paradise Point Road, as shown on the"Existing Site Plan"and "Proposed Playhouse and Playground Site Plan," SP1 and SP2 Page 2, December 18,2025 48067 Shelter Island Sound, Inc. SCTM No. 1000-81-3-25.2 respectively,prepared by Stacy Marshall Paetzel,Registered Landscape Architect,dated September 5,2025. A copy of an illegible,survey prepared by Aerial Land Surveying was also submitted with the application. The parcel includes a boathouse, steps to Shelter Island Sound, and a playhouse under construction, the subject of this application. The parcel has no principal dwelling. BASIS OF APPLICATION: Request for a Variance from Article III, Section 280-13C(1) and the Building Inspector's August 11, 2025 Notice of Disapproval based on an application for a permit to legalize an "as built" accessory recreational structure upon a vacant lot; at: 1) "as built" construction of a recreational building and use is not permitted; located at: 900 Paradise Point Road, Southold,NY. SCTM No. 1000-81-3-25.2. RELIEF REQUESTED: The applicant requests a variance to legalize and complete'construction of the partially built accessory playhouse structure on this lot which lacks a primary dwelling,as depicted on the"Existing Site Plan"and "Proposed Playhouse and Playground Site Plan," SP1 and SP2 respectively, prepared by Stacy Marshall Paetzel, Registered Landscape Architect, dated September 5, 2025. ADDITIONAL INFORMATION: In the written application and during the hearing, the applicant's representative indicated the applicant would be willing to place a covenant on the property that would require the applicant to construct a residence on the property within ten years of approval of the variance or, alternatively,to remove the playhouse. A neighbor two properties north on Paradise Point Road submitted a letter of support for the project. No member of the public wrote or spoke against the project. The subject parcel has Certificate of Occupancy No. 35501 dated March 22, 2012 pursuant to Building Permit No. 34609 dated April 13,2009 for repairs and alterations to an existing boathouse. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 4,2025 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law&267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. No variance would be required if a principal dwelling existed on the property and,to an observer from the road,the playhouse appears to be associated with the principal dwelling on the adjacent parcel, 1000 Paradise Point Road.The application states that a smaller but similar playhouse was situated for twelve years in a location similar to the subject playhouse without impact to neighborhood character or detriment to nearby properties. While the current playhouse is partially visible from the road, it is set back approximately 260 feet from the Paradise Point Road property line and over time will become more fully screened as recent plantings along the road grow and mature. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,other than an area variance. The applicant owns both the subject and the adjacent parcel which is developed with a principal dwelling. However, the applicant testified that the playhouse could not be sited on that fully developed lot. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 100%relief from the code for an accessory structure on a parcel without a principal dwelling.However,the subject lot already has the benefit of a Certificate of Occupancy for an accessory structure,the boat house, absent a principal dwelling, Page 3, December 18, 2025 #8067 Shelter Island Sound, Inc. SCTM No. 1000-81-3-25.2 and the addition of a modest second accessory structure for the applicant's family use for a limited duration as agreed to by the applicant will have minimal impact. The applicant will file Covenants and Restrictions to either construct a principal dwelling on the subject parcel or remove the accessory playhouse structure within ten years. 4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code: 5. Town Law V67-b(3)(b)(5). The difficulty has been self-created. Although the application stated, and the applicant's representative testified,that prior to initiating construction of the playhouse,the project's contractor met with the Town Building Inspector to confirm that a Building Permit was not needed for the project, it is not clear that the project met the conditions for exemption from a Building Permit under Town Code Section 144-8(A)(2)(c),which indicates that one-story playhouses with gross floor area of 144 square feet or less and associated with a dwelling do not require a Building Permit.The subject playhouse has a covered second level,albeit less than 144 square feet,and while it is."associated"with a dwelling on the adjacent lot, is not an accessory to a principal dwelling on the same lot. 6. Town Law V67-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new playhouse on a lot adjacent to his principal dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New- York Town Law 267-B, motion was offered by Member Steinbugler, seconded by Member Planamento, and duly carried, to GRANT the variance as applied for, and shown on the "Existing Site Plan" and "Proposed Playhouse and Playground Site Plan," SP1 and SP2 respectively, prepared by Stacy Marshall Paetzel, Registered Landscape Architect, dated September 5, 2025. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The playhouse is to be used strictly by the applicant and his family for their sole use and shall not be open to the public nor rented out. l2. The applicant shall place a Declaration of Covenant on the property,subject to Town Attorney approval,that will require the applicant to construct a residence on the property within ten years of approval of the variance or, alternatively,to remove the playhouse. 3. The applicant must apply to the Building Department for a building permit for the playhouse within 90 days of the date of this decision and submit same 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. 4. The applicant must obtain a Certificate of Occupancy from the Building Department for the playhouse and submit same to the Office of the Zoning Board of Appeals within twelve 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. 5. The playhouse 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. Page 4, December ,18, 2025 #8067 Shelter Island Sound, Inc. SCTM No. 1000-81-3-25.2 That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued The Board reserves the ri,-ht to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity, Provided de minimis relief is requested within one year of the date of this decision. Any time after one year, the Board may require a new application. IMPORTANT LIMITS ON THE APPROVALS)GRANTED HEREIN Please Read Carefully Any deviation from the survey,site plan and/or architectural drawings cited in this decision, or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and 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,siteplan and/or survey cited above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. TIME LMTS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1) year terms.IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN.Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy,nullify the approved variance relief,and require a new variance application with public hearing before the Board of Appeals. Vote of the Board: Ayes:Members Weisman(Chairperson),Planamento,Acampora,Lehnert, and Steinbugler. (5-0) fiedKatned Weisman, Chairperson Approved for filing /1��2-J2025 MGFshall p aezel LANDSCAPE ARCHITECTURE PO Box 478 5175 Route 48 Mattituck,NY 11952 phone: (631)209-2410 tax: (631)315-5000 email: studio@mplastudio.com SURVEYOR(Tax Map Lot 25.2): Aerial Land Surveying, D.P.C. 53 Probst Drive Shirley, NY 11967 Office: (833) 787-8393 r F- 0 0 0 z W o Z" W 0 < > LL 59153-0 -?- LLJ W WOOD j APPARENT RECEIVED BULKHEAD HIGH WATER 0 MARK SEP 10 2025 ZONING BOARD OF APPEALS Q?) 0 zSITE DATA: SCTM#: 1000-81-3-25.2 Zoning District: R-80 EXISTING TREE Lot Area:87,121 SF (or 2.001 acres) (TYP.) 0 ry U) 00 hMULCH PLAY AREA 0 NOTES: 0 0 1. Base map information based on survey o WOOD TIE z prepared by Aerial Land Surveying, D.P.C. WOOD TIE CURB dated November 14,2023. CURB I BOATHOUSE 360 SF < 2. This drawing is for the purpose of 0- 0 0 obtaining permits only. NOT FOR 0 II «1 CONSTRUCTION. • STEPS W 0 106 SF 3. Unauthorized alteration of this plan is a violation of NYS Education Law. 0 0 0 0 REVISIONS 0 0 DATE DESCRIPTION < 0 200,00, ry < 0 0 U) C-) 0 s e a 0 DSC'4P co Qr M 0 iulp zz N 01854 0 OF NEB FINAL MAP REVIEWED BY ZBA TITLE: DECISION# DATED. , ao EXISTING SITE PLAN 0 10 20 SCALE 1 20' DRAWN BY: A.SCHEEL,D.MENDOZA CHECKED BY: S.PAETZEL,RLA DATE:09.05.25 spi REVISED: MOFshall poetzel LANDSCAPE ARCHITECTURE PO Box 478 5175 Route 48 Mattituck,NY 11952 phone: (631)209-2410 fax: (631)315-5000 email: studio@mplastudio.com SURVEYOR(Tax Map Lot 25.2): Aerial Land Surveying, D.P.C. 53 Probst Drive Shirley, NY 11967 Office: (833) 787-8393 z w 0 O 0 0 (J o • � , Z i aJ I 591.53'm LL W a o W WOOD APPARENT f i o I BULKHEAD HIGH WATER RECEIVED /. O / � � I II / i • MARK , SEP 10 2025 CD CD -H � © � ' e ZONING BOARD OF APPEALS - - - - 0 - --- ? Z SITE DATA: 000-81-3-25.2 Zoning District: R-80 EXISTING TREE Lot Area:87,121 SF (or 2.001 acres) O I a , (TYP.) N I I O PROPOSED 82.5 SF PROPOSED ® -- PLAYHOUSE ® BALANCE BEARV - 1A ® ©® EXISTING MULCH PLAY AREA O NOTES: PROPOSED Z TO BE REMOVED I Q I PLAYGROUND i STRUCTURE O © © I 1. Base map information based on survey " I WOOD TIE Z prepared by Aerial Land Surveying, D.P.C. 1 © WOOD TIE ® CC3 CURB o BOATHOUSE I dated November 14, 2023. CURB O � � _ _ O PROPOSED i 360 SF i < 2. This drawing is for the purpose of ��11 ROPE BRIDGE n __- I 9 obtainin permits only. NOT FOR CONSTRUCTION. • Ln STEPS I I V J W ;; O 106 SF — 3. Unauthorized alteration of this plan is a Violation of NYSEducation �^ • � ', I '� Law. v J PROPOSED O SEESAW o 0 0 0 00 0 0 • • I . ' I W REVISIONS • © ® % DATE DESCRIPTION PROPOSED MULCH - PROPOSED PROPOSED - - -^ Q WOODEN LOG STEPPERS �s+c q0.5 N65°14'S9"W 0' , ry I PLAYGROUND AREA to BOAT CLIMBER l — a soo.on ® + Q o ® _ ��_ \ W �4� n 0 U) O �— ` © A s e a O N N Z Z N�q• /" a QJ� O 41 /a e d�� O �111-10 TITLE: PROPOSED FYINAL MAP PLAYHOUSE + IREVIEWED BY ZBA PLAYGROUND `DECISION# DATED". , iafflaca- SITE PLAN 0 10 20 SCALE 1" = 20' ti DRAWN BY: A.SCHEEL,D.MENDOZA CHECKED BY: S.PAETZEL,RLA ^^ DATE:09.05.25 r L REVISED: 4DA,' le OFFICE LOCATION: ��OF S y� MAILING ADDRESS: `i Town Hall Annex ,`O l0 P.O. Box 1179 n 54375 State Route 25 � Southold, NY 11971 I� (cor.Main Rd. &Youngs Ave.) y Telephone: 631 765-1938 / Southpld, NY 11971 G • Q LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD r Sec �� 'DEC 0 3 2025 To: Leslie Kanes-Weisman, ZBA Chairperson mooning C -CaTid ol Appea's Members of the Zoning Board of Appeals Cc: Julie McGivney, Assistant Town Attorney From: Heather Lanza, AICP, Planning Director LWRP Coordinator Date: December 3, 2025 Re: LWRP Coastal Consistency Review Shelter Island Sound Inc., #8067, SCTM# 1000-81.-3-25.2 This application is a Request for Variances from Article III, Section 280-15; to legalize an "as built" accessory recreational structure. The accessory structure is not permitted on this vacant lot; and the Building Inspector's August 11, 2025 Notice of Disapproval based on the fact that the accessory structure is not permitted on a vacant lot at SCTM# 1000-81.-3-25.2. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposal is CONSISTENT with the LWRP as follows: 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 buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. The proposed actions on undeveloped land are not in close proximity to the tidal waters of Shelter Island Sound and will not negatively impact surface water quality or otherwise harm wetland habitat and are consistent with the LWRR Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determ}nation regarding the consistency of the proposed action. 2 RECEIVED SEP 10 2025 TOWN OF SOUTHOLD BUILDING DEPARTMENT ZONING BOARD OF APPEALS SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: August 11, 2025 TO: Frank A. Isler(Shelter Island Sound Inc.) 456 Griffing Avenue Riverhead,NY 11901 Please take notice that your application dated July 14, 2025: For permit: to legalize an"as built"accessory recreational structure at: Location of property: 900 Paradise Point Road, Southold,NY County Tax Map No. 1000 - Section 81 Block 3 Lot 25.2 Is returned herewith and disapproved on the following grounds: The"as built"accessory recreational structure, on this conforming 87,121 sq. ft. lot in the R-80 District, is not permitted pursuant to Article III section 280-13(C)1 which states: "Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this cha tp er." The accessory structure is not permitted on this vacant lot. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. RECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE SEP 1 U 2025 House No. 900 Street Paradise Point Rd Hamlet Southold APPEALS ZONING g-O-ARU SCTM 1000 Section: 81 Block: 3 Lot(s) 25.2 Lot Size: 8TF,121 Zone AA I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 8/11/25 BASED ON SURVEY/SITE PLAN DATED Owner(s): Shelter Island Sound Inc. Mailing Address: 1000 Paradise Point Road, Southold, NY 11971 Telephone:631 747 5890 Fax: Email: markemillerbiz@gmail.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Frank A. Isler for(X)Owner( ) Other: Address: 456 Griffing Avenue, Riverhead, NY 11901 Telephone:631 727 4100 Fax: 631 727-4130 Email: fisler@sfliy.com Please check to specify who you wish correspondence to be mailed to,from the above names: (x)Applicant/Owner(s), (�Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED 7/14/25 FOR: ( )Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use (x)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, (x)has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). (Please be sure to research before completing this question or call our office for assistance) 1 Page 2,Area Variance Application RECEIVED Revised W2023 REASONS FOR APPEAL See Attached SEP 10 2025 (Please be specific,additional sheets may be used with preparer's signature notarized): ZONING 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: 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: 3.The amount of relief requested is not substantial because: 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: S. Has the alleged difficulty been self created? { } Yes,or,{. } No Why:. • Are there any Covenants or Restrictions concerning this land? { }No { }Yes(please furnish a copy) • This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. By signing this document,the PROPERTY OWNER understands that pursuant to Chapter 280- 146(B)of the Code of the Town of Southold,any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board may,upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. 'AAj Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this_ day of Zt�,20 25 ;:HYPO;,; DEVON DOVALE ;=0 allotary Public-State of Florida Commission# HH 653294 Notary Public My Commission Expires ' iin` March 18, 2029 rg SOUIy® Town Hall Annex ~O �O Telephone (631)765-1802 54375 Main Road P.O.Box 1 179 Southold,NY 1 1971-0959 OOUNTV,� BUILDING DEPARTMENT TOWN OF SOUT'HOLD STOP WORK ORDER �,5 TO: Mark Miller 1000 Paradise Point Rd. �� Southold, New York 11971 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 1000 Paradise Point Road, Southold, New York 11971 l I TAX MAP NUMBER: 1000-81.-3-24.2 CA44(�� -f- Pursuant to Section § 144-8 A(1)of the Town oouthold C6W d`you are hereby no ified l i to immediately suspend all work until this order has been rescinded. BASIS OF STOP WORK ORDER: Construction without first obtaining a Building Permit. CONDITIONS UNDER WHICH WORK MAY BE RESUMED: When a Building Permit has been issued. FAILURE TO REMEDY THE CONDITIONS AFORESAID AND TO COMPLY WITH THE APPLICABLE PROVISIONS OF LAW MAY CONSTITUTE AN OFFENSE PUNISHABLE BY FINE, IMPRISONMENT OR BOTH. DATE: 4/14/2025 Arthur P. Bloom Ordinance Inspector IT SHALL BE UNLAWFUL TO REMOVE THIS NOTICE WITHOUT WRITTEN CONSENT OF THE ISSUING AGENCY. Town of Southold Building Department PARCEL COMPLAINT REPORT Parcel Information SBL: 81.-3-25.2 Legal Address: 900 Paradise Point Rd Owner Information Owner: Shelter Island Sound Inc Address: 1000 Paradise Point Rd Southold, NY 11971 Work Phone: Complaints Complairit# Description NON-PERMITTED ACCESSORY USE (AC) Complaint Date: 08/16/2012 2012-284 Status: OPEN Description: accy boathouse not permitted on vacant land as a result of lot line change. Stop Work Orders ,:�:.... _ ... - S#op'Work Or Descnption E Issued Date: Status: Description: 900 Paradise Point Rd 09/11/25 81.-3-25.2 Town of Southold Building Department PARCEL COMPLAINT REPORT Parcel Information INV SBL: 81.-3-24.2 Legal Address: 1000 Paradise Point Rd Owner Information Owner: Mark Miller Address: 1000 Paradise Point Rd Southold, NY 11971 Work Phone: Complaints Desc riptioL. , n CONSTR W/O PERMITS Complaint Date:04/14/2025 2025-1375 Status: Pending Description: Large.tree house under construction withqutfirst.obtainin.g a building permit. Stop Work Orders 'Stop Wbrk,Order- &6s� Issued Date: Status: Description: 1000 Paradise Point Rd 09/11/25 81.-3-24.2 RECEIVED SEP 10 2025 ZONING BOARD OF APPEALS EXHIBIT I • • RECEIVED S E P 10 2025 REASONS FOR APPEAL ZONING BOARD OF APPEALS This application seeks a variance from Article III section 280-1(C)(1) to allow the completion of the construction of an accessory children's playhouse on a conforming 87, 121 square foot parcel located in the AA Zoning District without a principal use on the parcel. A copy of the Building Inspector's denial of the property owner's application for a Building Permit for the new playhouse is attached hereto as Exhibit 1. The playhouse being constructed is replacing a playhouse of comparable size and usage that was built in the same area of the parcel and was in place for 12 years. Photographs of the prior playhouse are attached as Exhibit 2 and 3. A rendering of the new playhouse when completed is attached as Exhibit 4. As can be seen,the new,more rustic playhouse blends into the landscaping and will be totally screened from the property behind it by the mature, dense vegetation. Compliance with the factors under Town Law Section 267-b(3)(b): 1. There will be no undesirable change to the character of the neighborhood for several, distinct reasons: a. As noted above,there has been a playhouse of comparable size and appearance in virtually the same location on the 900 Paradise Road property for 12 years (see Exhibits 1 and 2). That playhouse was removed so that the new playhouse could be installed in essentially the same location. b. As a site inspection will confirm, the new playhouse is substantially screened from the adjacent property to the west and from Paradise Point Road due to the substantial plantings that have recently made. Vaw 40 SEP 1 0 2025 �q- ZONING BOARD OF APPEALS 2. The benefit sought cannot be achieved by some other feasible method because the location of the playhouse as shown on the site plan attached as Exhibit 5 does not interfere with the future construction of a single family home on the site. The location of the playhouse complies with all setback required in the AA zoning district and if the property were currently improved with a single family dwelling,the playset could be located where it is located in full conformity with zoning. 3. While the relief sought would permit the construction of the accessory playset on vacant property without the benefit of a principal dwelling, the applicant is willing to place a covenant on the property that would mitigate neighbors' concerns, if any, that would require the applicant to construct a residence on the property within 10 years of the approval of this application or, alternatively, remove the playset. This conditional approval would be consistent with this Board's prior decision in ZBA File#6359 where the property owner was granted approval to build an accessory tennis court on a vacant lot without a principal use on the parcel. 4. The variance sought here will not have an adverse impact on the physical or environmental conditions of the neighborhood. As noted above in subparagraph 2, the playset could be built where it is located as of right under zoning if there were a principal dwelling already on the property. Moreover, a similar playset was in use in the same location for 12 years without complaints from neighbors. 5. While the need for the variance was self-created, there is no demonstrable harm to the neighborhood or environment from permitting the continued accessory playset use. 6. The grant of this variance is the minimum action necessary and adequate to enable the use of the playset while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. As noted above, the property owner would agree to a condition on the variance that if a residence is not built on the property within 10 years,the playset will be removed. It is respectfully submitted that the benefit to the property owner with these requirements in place outweighs the detriment, if any,to the community. 7. Prior to commencement of the construction of the new playhouse, the property owner's contractor met with the Southold Building Inspector to confirm that a building permit was not required for the new playhouse. Under Section 144-8(A)(2)(c) of the Town.Code, playhouses do not require a building permit provided its gross floor area does not exceed 144 square feet. Since the proposed playhouse's gross floor area did not exceed 144 square feet, the Building Inspector initially confirmed that no permit was required. As a result, the construction of the playhouse commenced. After a substantial portion of the playhouse was built, a stop work order was issued on April 4, 2025. The applicant has fully complied with the stop work order. Attached as Exhibit 6 is the Certificate of Occupancy dated 3/22/12 for 900 Paradise Point. A photograph of the partially constructed new children's playhouse is attached as Exhibit 7. RECEIVED SEP 10 2025 ZONING BOARD OF APPEALS RECEIVED SEP 10 2025 ZONING BOARD OF APPEALS EXHIBIT 2 SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI, LLP ATTORNEYS AND COUNSELORS AT LAW 4.56 GRIFFING AVENUE. CORNER OF LINCOLN STREET RIVERHEAD. N.Y. 1 1 90 1-0203 FRANK A. ISLER (631) 727-4 100 RETIRED SUSAN ROGERS GRUN FAX(631) 727-4130 PIERRE G. LUNDBERG GHRISTOPHER B.ABBOTT GAIR G. BETTS JEANMARIE GUNDERSON REGINALD G. SMITH Direct email:fisler@sfliy.com 1897-1983 HOWARD M. FINKELSTEIN April 10, 2026 1930-2024. 10- - RECEIVED Julie M. McGivney, Esq. Assistant Town Attorney MAY 0 4 2026 Town of Southold 54375 Route 25 ZONING BOARD OF APPEALS Southold,New York 11971 Re: ZBAApplication/Decision—Shelter Island Sound Inc. ZBA File No.: 8067 900 Paradise Point Road, Southold,NY SCTM No. 1000-81.-3-25.2 Dear Julie: Enclosed please find the certified copy of the recorded Declaration in the above application. Kindly confirm that all the conditions of the ZBA have been met. Ve tru.1_v y, r; t Frank A. Isler FAI%cd Enclosa.:t cc: Mark Miller--w/encl. (by email). CC# : C26-20743 RECEIVED COUNTY CLERK'S OFFICE STATE OF NEW YORK MAY 0 4 2026 COUNTY OF SUFFOLK ZONING BOARD OF APPEALS The Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 04/08/2026 under Liber D00013332 and Page 202 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 04/08/2026 SUFFOLK COUNTY CLERK VINCENT PULEO SEAL I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII RECEM I IIIIII IIII IIIII IIII IIII MAY 0 4 2026 SUFFOLK COUNTY CLERK ZONING BOARD OF APPEALS RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 04/08/2026 Number of Pages : 7 At: 10 :35 :33 AM Receipt Number : 26-0042113 LIBER: D00013332 PAGE : 202 District: Section: Block: Lot: 1000 081 . 00 03 .00 025 . 002 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35 . 00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15 .00 NO TP-584 $0 . 00 NO Notation $0 .00 NO Cert.Copies $5 .20 NO RPT $200 .00 NO Fees Paid $280 .20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL VINCENT PULEO County Clerk, Suffolk County Numberof pages :'.'':jam{26 Rpr•• IW8 ?0- 5.:'.:�. W1 RECEIVED jt:[NCEINT PULE. j=L� �.r. Zii F 1E*R . Thi.s.document will be public MAY 0 4 2026 SUF FOLK r`�a��t•]"Y record. Please'remove' all '': L Lzj;�j�jO1 2 Social Security Numbers ZONING'BOARD OF APPEALS prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee 35 Mortgage Amt.. 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-5217(County) Sub Total 55 Spec./Add. EA-5217(State) TOT. MTG.TAX ® ©Lg Dual Town Dual County R.P.T.S.A. Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit .. Mansion Tax � The property covered by this mortgage is Certified Copy„� r Z� or will be improved by a one or two NYS Surcharge 15. 00 cJ family dwelling only. Sub Total Other YES or NO Z�' Grand Total O If NO,see appropriate tax clause on /'J r page# of this ins ume t. 4 Dist.1000 S 571fx522 1000 08100 ;0300 025002 5 Community Preservation Fund T Real Property R UCLA Consideration Amount$ 0 Tax Seniice Agency I CPF Tax Due $ 0 Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land Frank A. Isler, Esq. TD Smith, Finkelstein, Lundberg, Isler and Yakaboski, LLP 456 Griffing Avenue TD Riverhead, New York 11901 TD Mail to: Vincent Puleo, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901. Co.Name Dime Abstract LLC www.suffolkcountyny.gov/clerk Title# W ; - � 81 Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration of Covenants and Restrictions made by: (SPECIFYTYPE OF INSTRUMENT) The premises herein is situated in Shelter Island Sound, Inc. SUFFOLK COUNTY, NEW YORK. TO In the TOWN of Southold In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over COLI RECEIVED IMPORTANT:NOTICE MAY 0 4 2026 ZONING BOARD OF APPEALS If the document you've just recorded is your SATISFACTION;0.F,MOR TGAGE; please be aware of the following: If a portion of your monthly mortgage payment included your property taxes,*you will now need to contact your local Town Tax Receiver so that you maybe billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 101n and on or before May 319t. Failure to make payments in a timely fashion could result in a penalty. Please contact- your local Town Tax Receiver with any questions regarding. property tax payment. Babylon Town Receiverof Taxes Riverhead Town Receiver of Taxes_ 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631)957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingbille,N.Y. 11738 Shelter Island, N.Y. 11964 (631)451--9009 (631)749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y. 11937 Smithtown,N.Y. 11787 (631)324-2770 (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes. 100 Main,Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631)351-3217 (631)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y.-11751 Southold, N.Y. 11971 (631)224-5.580 (631)765-1803 Sincerely, Vincent Puleo Suffolk County Clerk f 12-0104..06106kd DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this day of , 20Z L SHELTER ISLAND SOUND, INC., residing at 1000 Paradise Point Road, Southold.'-New sft�- New York, 11971, hereinafter referred to "Declarant", MAY 0 4 2026 WITNESSETH: ZONING BOARD O� WHEREAS, Declarant is the owner of certain real property located at 900 Paradise Poji�'EALS Road, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 81, Block 3, Lot 25.2, which is more particularly bounded and described as set forth in Schedule "A" annexed hereto, hereinafter referred to as the "Property"; and WHEREAS, the Declarant made an application to the Zoning Board of Appeals for a Variance from Article III, Sections 280-13C(1) and the Building Inspector's August 11, 2025 Notice of Disapproval to legalize and complete construction of the partially built accessory playhouse structure on 900 Paradise Point Road without a principal dwelling on the site, and a public hearing on the application was held on December 4, 2025, at which time the Board received written and oral evidence; WHEREAS, in a decision dated December 18, 2025,based upon all testimony, documentation, personal inspection of the Property, and other evidence, Zoning Board of Appeals granted relief to legalize and complete construction of the partially built accessory playhouse structure as depicted on Proposed Playhouse and Playground Site Plan prepared by Stacy Marshall Paetzel, Registered Landscape Architect, dated September 5, 2025, a reduced copy of which is attached hereto as Schedule`B"; and WHEREAS, for and in consideration of the granting of said approval, the Zoning Board of Appeals has deemed it in the best interests of the Town of Southold that the within Covenants and Restrictions be imposed on the Property, and said Zoning Board of Appeals has required that the within Declaration be filed in the Suffolk County Clerk's Office; and WHEREAS, the Declarant has considered the foregoing and has determined that same RECEIVED will be for the best interests of the Declarant of the Property. U�2 MAY 0 4 2026 J NOW, THEREFORE,THIS DECLARATION WITNESSETH: ING That the Declarant, for the purposes of carrying out the intentions abovDeNexpressse5, doFe�PPEALS hereby make known, admit, publish, covenant and agree that the Property herein described shall hereafter be subject to the Covenants and Restrictions as herein cited, which shall only apply to the current owners and or principals holding title in any form. CONDITIONS OF APPROVAL: 1. The aforementioned approval is limited to the completion of the construction of the partially built accessory playhouse structure. 2. The playhouse is to be used strictly by the principals and their family for their sole use and shall not be open to the public or be rented out. 3. The Declarant must apply to the Building Department for a building permit for the playhouse by March 18, 2026 and submit same 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 reasons why the applicant was unable to obtain a building permit in the time allotted. 4. The Declarant must obtain a Certificate of Occupancy from the Building Department for the playhouse and submit same to the Office of the Zoning Board of Appeals by December 18, 2026 , or submit a written request for an extension to the Board of Appeals setting forth the reasons why the applicant was unable to obtain a Certificate of Occupancy in the time allotted. 5. The playhouse may not be used until a Certificate of Occupancy has been obtained. 6. If the Declarant chooses not to construct a conforming dwelling on the Property by December 18, 2035, the Declarant must remove the playhouse and place the Property back to its original condition by February 18, 2036. 7. In addition to Condition 6, the playhouse shall be removed within 90 days of the occurrence either of the following conditions: a) prior to the construction of the house the fee owner sell the Property for any reason, or b) both Mark and Icim Miller, as principals of Shelter Island Sound, Inc, or individually die prior to the construction of the house. If the latter occurs, the estate of the second to pass away shall be responsible for removal of the playground. 8. These covenants shall only apply to current property owners and upon either 6 or 7 above the relief will become invalid, thus invalidating the grant by the Zoning Board and extinguishing these covenants. THE FOREGOING Covenants and Restrictions shall run with the land and shall be binding on the Declarant. If any section, subsection, paragraph, clause, phrase or provision of these Covenants and Restrictions shall by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these Covenants as a whole, or any other part or provision hereof, other than the part so adjudged to be illegal, invalid or unconstitutional. A66 -T RECEIVE® MAY 0 4 2026 ZONING BOARD OF APPEALS The aforementioned Covenants and Restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant, nor to impose any liability whatsoever upon the Town of Southold or any office or employee thereof. The within Covenants and Restrictions shall only be binding on the Declarant above and shall be subject to Conditions 1-7 above. IN WITNESS WHEREOF, the Declarant have duly executed this Declaration the day and year first above written. SHELTER ISLAND SOUND, INC. Mark Miller, President STATE OF IO6 M } (� ) ,ss.: COUNTY OFP601 I } On the_ day of in the year 2026 before me, the undersigned, personally appeared MARK MILLER, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. tiY PVB DEVON D:HH653294 Notary Public ��Notary Public-Storida ��''/„It"`•= Commissions esMy CommissiesMarch is RECEIVE® MAY 0 4 2026 ZONING BO,gRp OF APPEALS SCHEDULE A (lot 1) ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Paradise Point Road at the intersection formed by the southerly line of lands now or formerly of Orlando with the easterly side of Paradise Point Road distant 1080 feet more or less northerly from the corner formed by the,intersection of the northerly side of Cedar Beach Road with the easterly side of Paradise Point Road; RUNNING THENCE South 65 degrees 14 minutes 50 seconds East a distance of 591.53 feet along lands now or formerly of Orlando to the mean high water mark of The Shelter Island Sound; THENCE South 20 degrees l 1 minutes 26 seconds West a distance of 124.93 feet along the mean high water mark along a tie line of The Shelter Island Sound to a point and lands now or formerly of Scharf; THENCE North 65 degrees 14 minutes 50 seconds West a distance of 200.00 feet to a monument; THENCE North 74 degrees 16 minutes 04 seconds West a distance of 406.95 feet to a monument and the easterly line of Paradise Point Road; THENCE North 24 degrees 53 minutes 20 seconds East a distance of 188.34 feet to the Point and Place of Beginning. ftcelve' MAY 04 ?02S 20 1V l ArG 80ARD pF AP PEALS J Q W co a IL lc�,, `l. Q marshal paetzel ® f (� U- LANDSCAPE 4RCl'tECTu4_ O � �jullxa�r.io ' � + O Warne.OuecsnvWM1+�em L SY=I Aerial l0 vn Syerg D P G+ 5]?rab,l Di•e SMIry.NT 119d z atna•:1av17s,aF! z N 0 0 0 0 0 -- -- -- -- -- -- -- _- - ( I1i� WOOD APPARENT 1 0 p ° BULKHEAD HIGH'� I WATER b. D MARK I s� SITE DATA: Q EXISTING TREE IZ SCTMB:IOOD-81-3.25.2 J O O — (TYP.) -', ZorJn9 LlW6.1:R-00 _ � PROPOSED 82.5 SF PROPOSED '' EXISTING MULCH O Lot Area:87.121 SF to,2.001 ouosJ PLAYHOUSE O BALANCE BEAM TTTPLAYAREATOBE ° PROPOSED Z I _ PLAYGROUND STRUCTURE O ° WOOD TIE • 'I 9 ' t.evre m9PM9rmalun wren on orwy O PROPOSED CURB a O`�°RBD TIE BOATHOUSE 9 I Q 'e area Dy AeANtvreiw,,:q Dr.c 2a1W N9v,mMrll:azl ? ROPE BRIDGE No- 360 BF 0� J 2 fM1v dax?fp a l9r Me Pvpo�e el W a _ aDlclNngpeim�trartr. O � CONR0.gCIiaN Iq� STEPS,, I • 106 SF 1UnaNno�aea aneronon el mhpmua Vi91a1Nn 9/NK f�ca!'anbv. !� _ PROPOSED V ° SEESAW —PROPOSED - w land DEsrmvnPV Q Q PROPOSED MULCH b PROPOSED LOG STEPPERS p PLAYGROUND WOODEN Q © a AREA BOAT CLIMBER - W D O ��+r�_ j53�Cgls 5 TTIE PROPOSED -_ PLAYHOUSE+ PLAYGROUND tS�; '� � �� SITE PLAN NO� �T TO�LE swz I � r � a. _ M N RECEIVED SEP 10 2025 ZONING BOARD OF APPEALS EXHIBIT 3 do ACVN 0�V-.�aw Awe via � i dCdr 'W- Alb job i low polo RECEIVED SEP 10 2025 ZONING BOARD OF APPEALS EXHIBIT 4 U) maashall paetzel J EG bI DSCLFE -CHITECTUDE Q La. CI-4 LL W O 0LLJ mbFl.,`o0•.�r � O W cn m CD Z FN Z �„mDD�E O N ^ sLNE� NOFENaLLINO � .. D Lo�M°!B1.I]I1FImS.00I°�,I i �NNEOT IADDEN SNRlOS °°Ip N°Fwnoer�l wro]]—b4 D" _ ` WM E"ADON mbm°+nebea ma °e oimRu<i A1dn�mM.N wR HOEtta�vrroN- ' o�,Dseae x �t9 fOFNfNyO mEe PROPOSED PLAYHOUSE ELEVATION D z SP3 3 IFI RECEIVED �o SEP 10 2025 ZONING BOARD OF APPEALS EXHIBIT 5 :-2t"NVE.Y OF I-POP F:RT% w- ADDENDUM&6 SURVEY WITH PLAYHOUSE LOCATION ON SITE T. I..Pov M 25.2 IX&END: B.S. -7 IXT W,.-c3 -oil U) uj f 00 ix ILIC.-('[A Lu X A Lu AERIAL LAND SIPrRV"j;D..r, Q-1 te RECEIVED ^ SEP 10 2025 ZONING BOARD OF APPEALS EXHIBIT 6 Town of Sout----Annex 4/17/2012 P.O.Box 1179 RECEIVED 54375 Main Road Southold, New York 11971 SEP 10 2025 .0 ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: 35501 Date: 3/22/2012 THIS CERTIFIES that the building ACCESSORY Location of Property: 900 PARADISE POINT RD SOUTHOLD, . ......... SCTM#: 473889 Sec/Block/Lot: 81.-3-25.1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 2/27/2009 pursuant to which Building Permit No. 34609 dated 4/13/2009 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: repairs and alterations to an existing boathouse as applied for. NOTE:4/17/12 This Certificate of Occupancy has been corrected for the CIO The certificate is issued to SCHARF,AMY E (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Autho ed Signature RECEIVED SEP 10 2025 ZONING BOARD OF APPEALS EXHIBIT 7 • 1 � t . IV KI M1Y •+ \J l •r i�1 ., - 11+r "-�.ei�7�rv4� /'���`7^l.i � 1's!"'r-a.'�l.,t.#:.. A•�ir"a 1'r�. RECEIVED SEP 1 U 2025 ZONING BOARD OF APPEALS RECEIVED SEP 1 U 2025 Zoning Board of Appeals APPLICANT'S PROJECT DESCRIPTION ZONING BOARD OF APPEALS APPLICANT: Shelter Island Sound Inc. SCTM No. 1000-81-3-25.2 1. For Demolition of Existing Building Areas Please describe areas being removed: N/A II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: Dimensions of floor above second level: Height (from existing natural grade): Is basement or lowest floor area being constricted? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A Number of Floors and Changes WITH Alterations: N/A IV. Calculations of building areas and lot coverage,sky plane (From Surveyor, Design Professional): Existing square footage of buildings on your property: 360 sq. ft. Proposed increase of building coverage: proposed playhouse — 82.5 sq. ft. Square footage of your lot: 87,121 sq ft Percentage of coverage of your lot by building area (lot coverage) Gross Floor Area(GFA) 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): Yes V. Purpose of New Construction: install new children's play set 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: flat land countours does not create difficulty for ,-Ai ;of sought Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. Revised 6 2023 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises currently listed on the real estate market for sale? Yes X No SEP 10 2025 B. Are there any proposals to change or alter land contours? X No Yes, please explain on separate sheet. ZONING BOARD OF APPEALS C. 1.) Are there areas that contain sand or wetland grasses? yes, sand _ _ 2.)Are those areas shown on the survey submitted with this application?below wood bulkhead 3.) Is the property bulk headed between the wetlands area and the upland Building area? 4.) If your property contains wetlands or pond areas, have you contacted the Office of the BOARD OF TRUSTEES for its determination of jurisdiction? No Please confirm status of your inquiry or application with the Board of Trustees: proposed children s playhouse is more than 100 from beach 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?N° If any of the aforementioned items exist on your property, please show them on a site plan. I.. 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: construction of children's 2layhouse was commenced and stogy work order then issued G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If none exist,please apply to(lie Building Department to obtain them or to obtain an Amended Notice of Disapproval. See attached 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. * and Dock with Boatlift I. Please list present use or operations conducted at your property,and/or the Vroposed use _vac_ant .except for pre-existing boathousX)and children s playhouse partially J. (cs unplcs:exiting single family,prepcaticd same with gragr.pcu►I ett other} constructed Authorized signature Date Town of Southold Annex 4/17/2012 'n P.O.Box 1179 54375 Main Road RECEIVED Southold,New York 11971 1 SEP 10 2025 CERTIFICATE OF OCCUPANOVOARD OF APPEALS No: 35501 Date: 3/22/2012 THIS CERTIFIES that the building ACCESSORY Location of Property: 900 PARADISE POINT RD SOUTHOLD, SCTM#: 473889 Sec/Block/Lot: 81.-3 25.1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 2/27/2009 pursuant to which Building Permit No. 34609 dated 4/13/2009 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: repairs and alterations to an existing boathouse as applied for. NOTE:4/17/12 This Certificate of Occupancy has been corrected for the CIO#. The certificate is issued to SCHARF,AMY E — — (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Autho ed Signature RECEIVED AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS SEP 10 2025 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by Ilse applicant or any special use permit,site plan approval,use variance, area variance or subdivision approval on property withitt an agricultural district OR within S00 feet of a farm operation located in au agricultural dish ict All applications requiring an agricultural data statement must be referred to the SujfIlk Cossno Department of Planning in accordance with Section 239m and 2391t of the General Municipal Lary I. Name of Applicant: Shelter Island Sound Inc. 2. Address of Applicant: 900 Paradise Point .Road, .Southold, NY 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner:_ 5. Description of Proposed Project: installation Rof~a children Is playhouse on lot without a principal use 6. Location of Property: (Road and Tax map Number) 900 Paradise Point Road �� Southold, 1000-81-3-25.2 7. Is the parcel within 500 feet of a farm operation? { } Yes {X} No 8. Is this parcel actively farmed'? { } Yes (XI 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. 3. 4. 5. 6. (Please use th ,.k of this page if here are additional property owners) /�A �- �� � /\S ,21A a are of Applicant 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. Copieti 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. RECEIVED Appendix B Short Environmental Assessment Form SEP 10 2025 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 Variance for playset Name of Action or Project: 900 Paradise Point Road, Southold, NY Project Location(describe,and attach a location map): Brief Description of Proposed Action: Construct playset replacing prior playset of similar size and location Name of Applicant or Sponsor: Telephone: 631 747 5890 Shelter Island Sound Inc. E-Mail: markemillerbiz@gmail.com Address: 1000 Paradise Point Road City/PO: State: Zip Code: Southold NY 11971 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X 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? NO YES If Yes,list agency(s)name and permit or approval: X 3.a.Total acreage of the site of the proposed action? 2 acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial W Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 RECEIVED 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? S E P 10 2025 X b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant cha7aQWNAAW§4VM1 VM489al NO YES landscape? X 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 X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 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: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: NSA X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 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 that apply: IN Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO ❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO ❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: -- _ ,,-- SEP1 0 2025 W__, X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe:, I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE 11-1 Applicant/s sor name: gq( c� �U ��ey Date: Signature: _ Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? X 2. Will the proposed action result in a change in the use or intensity of use of land? X 3. Will the proposed action impair the character or quality of the existing community? X 4. Will the proposed action have an impact on the environmental characteristics that caused the X establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? X 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation.or renewable energ opportunities? X 7. Will the proposed action impact existing: a.public 1.private water supplies? X b.public/private wastewater treatment utilities? X 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? X 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? X Page 3 of 4 RECEIVED No,or Moderate SEP 10 2025 small to large "�/ impact impact may may ZONING BOARD OF APPEALS occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? X 11. Will the proposed action create a hazard to environmental resources or human health? X Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. 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 Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 _Board of Zoning Appeals Application RECEIVED SEp 10 2025 OWNER'S Applicant UTHORIZA ZONING BOARD TION OF APPEALS (Where[lie I, Shelter Island Sound Inc. residing at 1000 Paradise Point.Rd., Southold, NY (Print property owner's name) (Wiling Address) do hereby authorize Frank A. Isler and (Agent) Christopher B. Abbott to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. By signing this document,the Property Owner understands that pursuant to Chapter 280- 146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. (Owner's Signature) Mark Miller (Print Owner's Name) RECEIVED UNANIMOUS W RITTEN CONSENT OF THE SEP 10 2025 SOLE DIRECTOR OF ZONING BOARD OF APPEALS Shelter Island Sound,Inc. born the sole member of the Board of Directorsof a meeting of the Board The undersigned, hereby and convening « g waives the calling Sound Inc. (the"Company"), l ions and of Dire ctors and consents to the adoption of the followingg Corp all of the actions oration Law prescribed therein pursuant to Section 708 of the Business appointed to the positions set . RESOLVED,that the following officers are hereby annual meeting of the Board of Directors,or forth,below,to serve until the next until their successors are elected and qualified. Mark.Miller President, Secretary and Treasurer RESOLVED,that any and all actions now or heretoforeandirectors of the Company from or in the name of the Company by the officers d the last annual meeting of the Board of Directors be,and they hereby are, approved,ratified, confirmed and adopted in all respects. Dated: January 3,2025 m MARK MILLER RECEIVED UNANIMOUS WRITTEN CONSENT \► SEP 10 2025 OF THE SOLE SHAREHOLDER OF ZONING BOARD OF APPEALS Shelter Island Sound,Inc. The undersigned,being the sole shareholder of Shelter Island Sound,Inc. (the "Company"),hereby waives the calling and convening of a meeting of the Shareholders, and consents to the adoption of the following resolution and all of the actions prescribed therein pursuant to Section 615 of the Business Corporation Law: RESOLVED,that the following directors are hereby appointed to serve until the next annual meeting of the Shareholders, or until their successors are elected and qualified. Mark Miller Sole Director Dated: January 3,2025 �d MARK MILLER f RECEIVED CERTIFICATE,OF INCORPORATION SEP 1 0 2025 OF SHELTER ISLAND SOUND, INC. ZONING BOARD OF APPEALS Pursuant to Section 402 of the Business.Corporation Law I, the undersigned, a natural person of at least 18 years of age, for the purpose of forming a corporation under Section 402 of the Business Corporation Law of the State of New York hereby certify: FIRST: The name of the corporation is: SHELTER ISLAND SOUND, INC. :SECOND: The purpose of the corporation is to engage in any lawful act or activity for which corporations may be organized under Article IV of the Business Corporation Law, except that it is not formed to engage in any act or activity requiring the consent or approval of any state official, department, board, agency or other body without such consent or approval first being obtained. THIRD.: The office of the corporation is to be located in the County of SUFFOLK , State of New York. FOURTH: The aggregate number of shares which the corporation shall have the authority to issue is TWO HUNDRED , each of which shall be common stock with no par value. FIFTH: The Secretary of State is designated as agent of the corporation, upon whom process against it may be served. The post office address to which the Secretary of State shall mail a copy of any process against the corporation served upon him is: CIO WILLIAM D. MOORE, ESQ. 51020 MAIN ROAD SOUTHOLD, NY 11971 SEP 10 2025 ZONING BOARD OF APPEALS SIXTH:_ No director of the corporation shall have.personal liability to the corporation or to its shareholders for damages for any breach of duty in such capacity, provided, however, that the provision shall not eliminate or limit: (a) the liability of any director of the corporation if a judgment or other final adjudication adverse to him establishes that his acts or omissions were in bad faith or involved intentional misconduct or a knowing violation of law or that he personally gained in fact a financial profit or other advantage to which he was not legally entitled or, with respect to any director of the corporation, that his acts violated Section 719 of the Business Corporation Law of the State of New York, or (b) the liability of a director for any act or omission prior to the final adoption of this article. IN WITNESS WHEREOF, the undersigned incorporator has executed this certificate of incorporation. 04/01/02. Sharon Babala, Incorporator BlumbergExcelsior Corporate Services, Inc. 52 South Pearl Street Albany, New York 12207 RECEIVED SEP 10 2025 APPLICANVOWNER TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS 7'he'fown ofSouthold's Code of Ethics Prohibits conflicts of interest on the part of town officers and emplo�'ces.'hhc Purpose of this form is to pro��ide information which can alert the towo of possible conflicts of interesu and allow it to take whatever action is necessary to avoid same. YOUR NAME : Shelter Island Sound Inc. (Last name,first name,middle initial,unless-jou are applying in the name of someone else or other entity.such as a company.Ifso,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit .�.. Variance X Trustee Permit Change of Zone Coastal Erosion _ Approval of Plat Mooring Other(activity) Planning ,ffi 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 m Describe the relationship between yourself(the applicantlagentlrepresentative)and the town officer or employee. Either check the appropriate line A)through D)andlor 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) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP T'�" Submitted I( 's dayR of � ",20 Signature Print Name AA 1 i RECEIVED SEP 10 2025 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS "rhe Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emplovees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : Frank A. Isler (fast name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO 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) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Al Submitted this day of ,20� ywSignature �i r Print Name ��� �� Al TS l"L RECEIVED Town of Southold SEP 10 2025 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS ZONING BOARD OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", 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# 81 _ 3 _ 25.2 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees E Zoning Board 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 , construction,planning activity, agency regulation, land transaction) (b) Financial assistance(e.g. grant,loan, subsidy) (c) Permit, approval,license, certification: Nature and extent of action: Variance sought from Zoning Board of Appeals to allow completion of an accessory dhildren's playhouse on a conforming 87, 121 s�4. ft. parcel located in the AA Zoning District without a principal use on the parcel ')tr I U zU25 ZJWBOARD OF APPEALS Location of action: 900 Paradise Point Road, Southold, NY Site acreage: 2 acres Present land use: pre-existing boathouse with Dock and Boatlift Present zoning classification: AA 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: Shelter Island Sound Inc. (b) Mailing address: 1000 Paradise Point Road Southold, NY 11971 (c) Telephone number: Area Code( ) 631-747-5890 (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No© If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure,makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ❑ Not Applicable The playhouse is replacing a playhouse of comparable size and location which was in place for 12 years. It is consistent with the residential character of the area and will have no impact on coastal location of the property 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 ❑ No ® 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 NoFxl Not ApplicableRECEIVED bee response to Poilcy ZONING BOARD OF APPEALS Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes 0 No © Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 11 No ®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 [] No 2 Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. 0� ❑ Yes ❑ No® Not Applicable RECEIVED TONING BOARD OF APPEALS Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® 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. ❑ YesO No® Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Shp U 2025 ZONINGRner,'. Attach additional sheets if necessary w�"�QAPPEALS 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. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Created on 5125105 11:20 AM RE@€R@jED SEP 10 2025 -ZONING BOARD-OFAPPEALS`;, s �4 . TOWN OF SOUTHOLD PROPER � 9 CAFE® OWNER STREET ! VILLAGE - - Dist SUB. LOT r.•1/ � r f",=r:L./4lU�l" 1`,t '.. `ffw dert "�l! I t.�t '`�f LA.. -T t; 0 . V _ FORMER OWNER j N E ACR t I�L•S' * a /7 T.P �I.V;��!` f�• j(/...�7 CtC t/ /s - �..4, W TYPE OF BUILDING s / RES r' SEAS. VL. I�41j FARM' COMM. CB. MICS. Mkt.Value b c LAN i �/ IMP. TOTAL DATE REMARKS Z _ r, �1 0 CI 1 /71 a %it 2 `> ,i _`7� 1'C1�. ty �j�?,�,.3 , ',`:.i .""�-, n�`" -Y"r_ '{i,fir ' {.. Vd r 1.'A•" �.. 4 ( '%^x"� ✓� 4a 6'20LL ID TJul `� -L t t{/ tI' ! /Q LI) Z- Kg 1 v `✓�;' �/r ! ( � b 112l�l✓ 7�1(�f ? -? —_1}�a4 IP.fLfrI 7� _.L FJ � c? 7--- r. - �GE: B k6 } CONDITIO f ; (" rE (L� z Ac�e� ov NEW NORMAL BELOW X136Vi 3 I FARM Acre Value Per^ Value h/6�( %`aC sr_' VY}�'v` / Tillable FRONTAGE ON WATER 4-19- ,Y Woodland FRONTAGE ON ROAD f.}f 310�1, ( 6' - — Meadowland DEPTH' ( f yi -} ) r f c: .. 121F `I`l1 c(7/_,P�_//1 House Plot, BULKHEAD i j �jr n fUr fir : �0, 3 12- 12. 3 l l .r Total i DOCK /A/��/.r l>'eLo /• °t�/E? tf°i t �.. L 1�//71r.�-��: ,:,�r�i•`Jl� ✓zfr_•r��, c-�.. . .a 4-111 c RECEIVED SEP 10 2025 ZONING BOARD OF APPEALS WK. COLOR n/iq T u P A L TRIM U/1� 1 ( _ . .ac ., — - ..._._.-...-._.. .. l M. Bldg. ,5 X N D s Extension c i �.35= Extension Extension ' /F x /G =`:d 9 PI 3'7 s'1 -11177-1 Foundation E'(3, Both Dinette " �X 7 `3; i / _j Basement pn P.�- Floors e K ' _ K. t.Walls W y 5It � Interior Finish 5 H E6T o c LR. / _X %p' : y �. 3 o a Q/ o Fire Place / Heat /=N A7 DR. 'Garage 2 j�)(L L 5-D °`/5 D ,�S Type Roof /?�,y Rooms I st Floor BR. Patio !l 4t� Recreation Room Rooms 2nd Floor FIN. B O. B.169A Dormer Driveway . Total �$ 8 ✓ ' • U v r RECEIVED SEP 10 2025 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNEfR y 1 ! STREET !4 �j VILLAGE DIST. SUB. LOT !Z ACR. / REMARKS TYPE OF BLD. f � � { PROP.CLASS ' LAND IMP. TOTAL DATE I � FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL RECEIVED SEP 10 2025 ZONING BOARD OF APPEALS COLOR TRIM 1st 2nd M.Bldg. Foundation Ca Fin.B. Bath Dinette FULL COMBO Extension Basement CRAWL PARnAL Floors Kit. SLAB Extension Ext.Walls Interior Finish L.R. Extension Fire Place Heat D.R. Patio Woodstove BR. Porch zC013 --Rbt-... 44cm Dormer Baths Deck � Dock Fam.Rm. A.C. ;,a -- Garage r:a-'27 G'li't i. -- - — -- — ` 2. 0.B.. �. Pool � � t� ORIGINAL SMITH, FINKELSTEIN, EUNDBERG, ISLER AND YAKABOSKI, LLP ATTORNEYS AND COUNSELORS AT LAW 4.56 GRIFFING AVENUE, CORNER OF LINCOLN STREET RIVERHEAD, N.Y. 11901-0203 FRANK A. ISLER (631) 727-4.100 RETIRED SUSAN ROGERS GRUN FAX (631) 727 4 130 PIERRE G. LUNDBERG CHRISTOPHER B.ABBOTT GAIR G. BETTS JEANMARIE GUNDERSON REGINALD G. SMITH Direct Email:fislera,sfliy.com 1897-1983 HOWARD M. FINKELSTEIN September 9, 2025 1930-2024 RECEIVED BY HAND Kim E. Fuentes SEP 10 2025 Board Assistant, Zoning Board of Appeals Town Hall Annex ZONING BOARD OF APPEALS 54375 Route 25 Southold, New York 11971 Re: Shelter Island Sound, Inc. Variance Application 900 Paradise Point Road, Southold Dear Kim: Enclosed please find our client's check in the sum of$1,500 together with nine (9) sets of the above referenced variance application consisting of the following: 1. Notice of Disapproval; 2. Application to the Southold Town Board of Appeals; 3. Project Description& Questionnaire; 4. Transactional Disclosure Forms (Owner/Agent); 5. Surveys (Existing and Proposed); 6. Agricultural Data Statement; 7. Short Environmental Assessment Form - Appendix B; 8. LWRP Consistency Assessment Form; 9. Incorporation paperwork (Unanimous Written Consents of Sole Director and Shareholder and Certificate of Incorporation); and 10. Property Card Please let me know if any additional information is needed. Assuming the Board holds hearings on both of its monthly meeting dates, I am available to attend the meetings scheduled for September 18"', October 2nd and 161n,November 20"', and December 4cn SMITH, FINxmr sTEIN, LuNDBERG, ISI.L___lND YAHAiBosm, LLP CONTINUED RECEIVED SEP 10 2025 Kindly let me know if any of these dates are available. ZONING BOARD OF APPEALS Thank you for all your assistance. Ve truly y s rank A. Isler FAI/cd Enclosure cc: Mark Miller .qt._ BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK PERMIT NO. 8056 DATE: FEBRUARY 20,2013 ISSUED TO: SHELTER ISLAND SOUND,INC.C/O MARK MILLER PROPERTY ADDRESS: 900 PARADISE POINT ROAD,SOUTHOLD SCTM# 81-3-25.2 AUTHORIZATION i i Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on February 20,2013,and in consideration of application fee in the sum of$250.00 paid by Costello Marine Contracting Corp. and subject to the Terns and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and pennits the following: I Wetland Permit to construct 120't of new retaining wall with vinyl sheathing; fill void area landward with clean trucked-in fill(approximately 100 cubic yards); re- grade areas and re-vegetate with native plantings to provide a non-turf buffer from top of bluff down to new retaining wall; modify and/or reconstruct lower portion of existing stairway as required to accommodate new retaining wall; and as depicted on the site plan prepared by Costello Marine Contracting Corp.,last dated January 9, 2013 and stamped approved on March 12, 2013. i IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. � o�OgUFFOI,�-co . o ds ; col � Sao , { '.i aptin¢of�m'fsni..io'�.mtiirmvvrcNrucSt'usi=";z:4Lm;.wiavo7itim6rO4rw.SaaSvtcan'ayGtmtiYe(uYtoSn<a.aw±uavuiL'YiaLuxraueli7�'biittar(ri.,awanu'v(u2,.wwurxaaa6r�( sw>a¢s- .L TERMS AND CONDITIONS The Permittee Shelter Island Sound,Inc.C/O Mark Miller,residing at 900 Paradise Point Road, Southold,New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages,or claims for damages,of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will,at his or her own expense, defend any and all such suits initiated by third parties,and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months,which is considered to be the estimated time required to complete the work involved,but should circumstances warrant,request for an extension may be made to the Board at a later date. 3. 'That this Permit should be retained indefinitely,or as long as the said Pennittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents,and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized,or if, in the opinion of the Board of Trustees, the work'shall cause unreasonable obstruction to free navigation,the said Pennittee will be . required,upon due notice,to remove or alter this work project herein stated.without expenses to the Town of Southold. 8. The Pennittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety(90) calendar days of issuance of this permit. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same, James F.King,President ~O��O� so Town Town Hall Annex Bob Ghosio„Jr.,Vice-President 54375 Main Road P.O.Box 1179 Dave Bergen Southold,New York 11971-0959 John Bredemeyer Michael J. Domino iQ Telephone(631) 765-1892 Fax(631)765-6641 UfV1`(,� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 20, 2013 Ms. Jane Costello Costello Marine Contracting Corp. PO Box 2124 Greenport, NY 11944 RE: SHELTER ISLAND SOUND, INC. CIO MARK MILLER 900 PARADISE POINT ROAD, SOUTHOLD SCTM#81-3-25.2 Dear Ms. Costello: The Board of Town Trustees took the following action.during its regular meeting held on Wednesday, February 20, 2013 regarding the above matter: WHEREAS, Costello Marine Contracting Corp. on behalf of SHELTER ISLAND SOUND, INC. CIO MARK MILLER 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 January 30, 2013, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on February 20, 2013, 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, 2 WHEREAS, the Board.has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure 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, RESOLVED, that the Board of Trustees have found the application to be'Consistent ,with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of SHELTER ISLAND SOUND, INC. C/O MARK MILLER to construct 120'± of new retaining wall with vinyl sheathing; fill void area landward with clean trucked-in fill (approximately 100 cubic yards); re-grade areas and re-vegetate with native plantings to provide a non-turf buffer from'top of bluff down to new retaining wall; modify and/or reconstruct lower portion of existing stairway as required to accommodate new retaining wall; and as depicted on the site plan prepared by Costello Marine Contracting Corp., last dated January 9, 2013 and stamped approved on February 20, 2013. Permit to construct and complete project will expire two 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 required at a fee of$50.00 per inspection. (See attached schedule.) Fees: $0.00 Very truly yours, o'er James F. King President, Board of Trustees JFK/amn guFFOE,� �i" 1J��C.J Cd� Peter Young,Chairman Go G "Gown Hall,53095 Main Rd. Lauren Standish,Secretary P.O.Box 1 179 Southold,NY 11971 Telephone(631)765-1892 Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Tues., February 12, 2013 the following recommendation was made:. Moved by Doug Hardy, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit application of MARK MILLER to construct 120' of new bulkhead; fill void area landward with clean fill approx. 100 cy.; regrade areas and revegetate providing 10' wide non-turf buffer; modify and/or reconstruct lower portion of existing stairway as required to accommodate new bulkhead. Located: 900 Paradise Point Rd., Southold. SCTM#81-3-25.1 Inspected by: Doug Hardy, Peter Young The CAC Supports the application, however, recommends a 120' low-sill coir log bulkhead and a 10'-15' non-turf buffer landward of the crest of the bluff. Vote of Council: Ayes: All Motion Carried I iI 1, t b ZT3 its aA N4AAd 75 F'�oloosC� � ,Q� S�'�•3a'l��w PM 7�Ro v�x�a• n /o�A�lr�� p,rooSd�,b• �� 4 iViy � u�a,QCl 'r� , R�✓ca-erar�. �� � I Af 3 ' to„raR �garAt6aucT �SY.wG� APPR � ,�'awv,rier�, NC�r R-r,41M C7 WA6L. r BOARD OF l ee TOWN OF SOUT O D W 67E [� Z��3 7=L.4^J moor. aJo Md.Q.r .cam iLL ge - �li�tEi?? frvv�Ro:•1MfrvT.aL ?38�Ow.a�as AYc. tm fir: 900�.r�xa�vis� �oilvr,Raar� ZBA CHECK FEES - 2025 Funding Account-B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 9/17/2025 Shelter Island Sound Inc. 8067 $1,500.00 881 10/3/2025 9/25/2025 BMB Homes Inc(August) 8068 $2,500.00 1130 10/3/2025 Town Creek Real Estate 9/29/2025 Inc./Michael Liegey 8069 $1,500.00 1042 10/3/2025 $s,500.00 J RECEIVED OCT - 6 425 Southold Town Clerk Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 10/06/25 Receipt#: 345149 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 8067 $1,500.00 1 ZBA Application Fees 8068 $2,500.00 1 ZBA Application Fees 8069 $1,500.00 Total Paid: $5,500.00 Notes: Payment Type Amount Paid By CK#1130 $2,500.00 Fourth Gen Builders Inc. CK#881 $1,500.00 Shelter Island Sound Inc. CK#1042 $1,500.00 Town Creek Real Estate Inc Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Town, Creek Real Estate Inc. Po Box 1046 Southold, NY 11971 Clerk ID: JENNIFER Internal ID:8069 awl GC Date: December 1 , 2025 Zoning Board of Appeals, Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 RE: SCTM# 1000-81-3-25.2 Shelter Island Sound Inc. Variance Application #8067 Dear Board of Appeals: I am writing to you regarding the hearing for the application submitted for the subject property. I am unable to personally attend the hearing and ask that this letter be entered into the record. My residence is located at 1350 Paradise Point Road, which is two properties north of the applicant's property. I am familiar with the existing property and the accessory recreational structure in question. Please know that I find the structure to be consistent in size and style with the neighborhood and am confident that it will be completed in a manner that will make it safe for its intended use (i.e., a playhouse for children). I therefore wholeheartedly support the application. Sincerely, Edward Daley TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. SU ZnG. SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: MAILINGS Shelter Island Sound, Inc. (Name of Applicant/Owner) 900 Paradise Point Rd, Southold, NY SCTM No. 1000- 81-3-25.2 (Address of Property) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, (X ) Agent Colleen Downs residing at 487 Reeves Avenue, Riverhead New York, being duly sworn, deposes and says that: On the i Z day of November , 20 25 I personally mailed at the United States Post Office in Riverhead ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the ( x) Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Colleen Downs Sworn to before this day ofYQ/Y� f 20_� DONNA M LEVY Notary Public,State of New York No.01 LE4875563-Suffolk County (Notary Public) Commission Expires November 3, & PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. Town of Southold 79-8-16.1 P.O. Box 1179 Southold, NY 11971 ,P r Irina and Ross Zeltser 81-3-26.1 ` 43 Willard Avenue Sleepy Hollow,New York 10591 Mark and Biricum Miller 81-3-24.2 1000 Paradise Point Road Southold,New Yok 11971 U.S. Postal CERTAED o . D7 Domestic Mail Only r� m 07 Certified Mail Fee .�i r l i $ -7,01 Extra Services&Fees(check box add fee a$"epplbpria(e) � ❑Return Receipt(hardcopy) $ � i n ❑Return Receipt(electronic) $ �� � C3 ❑Certified Mall Restricted Delivery $ t A ❑Adult Signature Required $ []Adult Signature Restricted Delivery$ �` '• `�•` �' 0 Postage . fT•I T e and Po d !star $ TO 4 �� ---------- O 5 Aptru r PC ox B No --- ---- -� ' --------71- - City,st e,ZIP+4 . / / / DELIVERY COMPLETE ■ Complef1 It6rfis 1,2,Iand 3. A Slgna re , ,... ,.......«,, gent ■ Print your name and address on the reverse so that we can return the card to you. ❑Addressee back of the mat I iece Received Prin d Name C. D to of elivery ■ Attach this card to thep , /� or on the front if space permits. t Vt7�0 `� 1. Article Addressed to: D. Is elivery address different from item 1? El Ye If YES,enter delivery address below: ❑No vu - t c9l� Ul C7i 'T)C) � 3. Service Type ❑Priority Mail Expresso' ❑Adult Signature ❑Registered Ma1ITM II I'lll'I I'll I'I I II'11111111111 IN l I I l IIII Illlll III Adult Signature Restricted Delivery ❑Registered Mail Restricted Certified Mail@) Delivery, ❑Certified Mail Restricted Delivery ❑Signature ConfirmaticnT 9590 9402 9619 5121 1148 44 0 Collect on Delivery O Signature Confirmation 2. Article Number(transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail 7 0 21 0350 0000 4499 3379 ❑Insured Mail Restricted Delivery (over$500) r PS Form 381.1,July 2020 PSN 7530-02-000-9053 _ Domestic Return Receipt 11/21/25, 12:45 PM USPS.com®-USPS Tracking®Resu"- USPS Tracking® FAQs > r r Tracking Number: Remove X 70180040000056280018 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) U.S T11 Po Servi stal p g o Latest UpdateRECEIPT °nly 0 . -2 Your item was delivered to an individual at t i f�L : pl •''IR A Cal TARRYTOWN, NY 10591. rru Certified Mail Fee 1'? i'Z Z.70 s^lrrl:�;! . $� Ln Extra Services&Fees(check box,add fee a!P D/I ❑Return Receipt(hardcopy) $ Nk I3 ❑Return Receipt(electronic) $ ' _ li��i rk O El Certified Mall Restricted Delivery -\ '' '•� , Get More Out of LISPS Tracking: C3 ❑Adult Signature Required $ • •ice ~� �� I C3 ❑Adult Signature Restricted Delive ,"' A —n USPS Tracking Plus® $°stage f- •}�' 02� I` - C C3TotaCD l Postage and Fees " ' t7" ..1.: t, Delivered sent r° 21 C� , Delivered, Left with Individual C3 Street- Apt.No.,-j oxx 0. _ "r p- ---- - `7 L1 J 1 ---- ` TARRYTOWN, NY 10591 cr a� +4m-- v (u i6S C� November 15, 2025, 12:09 pm r r r r,r•..:r See All Tracking History What Do USPS Tracking Statuses Mean? (https://faq.usps.com/s/article/Where-is-my-package) Text & Email Updates u USPS Tracking PlusO u I - I - - Product Information u See Less Track Another Package Enter tracking or barcode numbers I https://tools.usps.com/gotTrackConfirmAction?qtc_tLabels 1=70180040000056280018 1/2 11/21/25, 12:47 PM USPS.com®-USPS Tracking®Rest.-" USPS Tracking FAQs > / aP l f P P Tracking Number: Remove X 9589071052700731950671 Copy Add to Informed Delivery (https:Hinformeddelivery.usps.com/) Postal V� -CER-'tIF!IE,.D"'-r1WQ '1L@Dornestiefflail Only • Latest Update ^C ,.I ' I' ,"rnll-%.t;�Vt Iry Lrl 1� 1 li 1 .' Your item was delivered to an individual at tl u �..' _ t ,, _ SOUTHOLD, rn $ li�ti, NY 11971. Certrfted Mail Fee i(� , rYl P- Extra Services&Fees(check box,add fee es Opp ' te) 12 ❑Retum Receipt(hardcopy) $ {:I� t f E��..� y O ❑Return Receipt(electronic) $ N [ICertifled Mall Restricted Delivery $ -Her El[I Signature Requlcted Delivery $ • Get More Out of USPS Tracking: rU ❑AdultSignature'Restr� $ 0 Postage USPS Tracking Plus® o $ $ .07 ter: v J %�' '` � r Total Postage and Fees y I�? rC -_ Cr Delivered SentT Er cc Str et and ., '10 Box No. - -- ----- ----- Delivered, Left with Individual � food �---- -----e_ - -- = Q' @iry ate,TJP SOUTHOLD, NY 11971 D f November 17, 2025, 12:11 pm See All Tracking History What Do USPS Tracking Statuses Mean? (https://faq.usps.com/s/article/Where-is-my-package) Text & Email Updates u USPS Tracking Plus® u Product Information u See Less Track Another Package Enter tracking or barcode numbers https://tools.usps:com/go/TrackConfirmAction?tRef=fulipage&tLc=2&text28777=&tLabels=9589071052700731950671%2C 1/2 TOWN OFSOUTHOLD ZONING BOARD.OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING Shelter Island Sound, Inc. (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK [, Amy Comiskey residing at 55075 Main Road, YoW Bldg. , #6, Southold ,New York, being duly sworn, depose and say that: I am the ( ) Owner or(X)Agent for owner of the subject property On the / 3' day of November , 20 25, 1 personally placed the Town's Official Poster on subject property located at: 9130 Paradise Point Road, Southold, New York 11971 The poster shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing of Thursdast, December 4, 2025 w C (Owner/ nt SignatuV Sworn to before me this Day of sbAu � ,20 RACHEL CONRAD otary Pub!ic} Notary Public-State of New York No.01CO6288754 Qualified in Suffolk County My Cotnmission Expires Sep 9,2029 '.yr + e. ti �r �? t rY .*'������++.•{�'�' k^� 'mow �°F�y�' �'�rY��by`w y"i 47 •' � J Alp:, ✓[� i raf. + ,�,.�� �Y4.. ` ; Ae- `t `. 1p y F4t� --ter.Re �t��'/C a .� �"�'�R� M'_. ••,y4 _ �fi �,1 w.,�_'. .y,w s ti '7 • may. ` ' * "`�T.�io, SUFFOLK COUNTY LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,DECEMBER 4,2025 at 10:00 AM PUBLIC HEARINGS: NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280(Zoning), Town of Southold,the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall,53095 Main Road,Southold,New York 11971-0959,on THURSDAY,DECEMBER 4,2025: The public may ALSO have access to view,listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Additionally,there will be a link to the Zoom Webinar meeting at http:// southoldtownny.gov/calendar.aspx. 10-00 A.M.-3850 ALVAHS LANE,LLC/CUTCHOGUE VINEYARD,LLC/JUSTIN M1RRO#8059-Request for Variances from Article 111,Section280-14 and the Building Inspector's August 1,2025 Notice of Disapproval ' based on an application for a permit to change a lot line;at:1)proposed parcel No.1 having less than the permitted lot area of 80,000 sq.ft.;2)proposed parcel No.1 having less than the permitted lot width of 175 linear feet;3)proposed parcel No.1 having less than the permitted lot depth of 250 linear feet;located at: 3850 and 4050 AIvahs Lane,Cutchogue,NY. SCTM Nos.10D0-102-4=3.4&1000-102-4-10. 10:10 A.M.-NATHAN BRZOZOWSKI#8060-Request for a Variance from Article III,Section 280-15 and the Building Inspector's July 31, 2025 Notice of Disapproval based on an application for a permit to construct an accessory barn;at:1)located in an area other than the code required rear yard;located at:34460 NYS Route 25,Cutchogue,NY. SCTM No.1000-97-2-9.1. 10:20 A.M.-CHRISTINE CALARCO#8061 Request for a Variance from Article XXIII,Section 280-124 and the Building Inspector's June 26,2025 Notice of Disapproval based on an application for a permitto demolish(as per Town Code definition)and reconstruct a single-family dwelling;at: 1)more than the code permitted maximum lot coverage of 20%; located at:245 Glenwood Road,Cutchogue, NY. SCTM No.1000- 110-4-11. 10:30 A.M.-EDWARD A.HARVEY AND MARY H.HARVEY#8062-Request for a Variance from Article XXIII,Section 280-124 and the Building Inspector's July 1,2025,AMENDED September 5,2025 Notice of Disapproval based on an application for a permit to demolish(as per Town Code definition)a single family dwelling(per Building Permit#51905)and reconstruct a single family dwelling with additions and alterations; at 1)less than the code required minimum front yard setback of 50 feet;located at:3549 Clay Point Road, Fishers Island, NY. SCTM No.1000-7-2-1. 10:40 A.M.-MARIANNA AUGUST/BMB HOMES, INC.#8068-Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's September 16,2025 Notice of Disapproval based on an application for a permit to legalize'as built'alterations to a single-family dwelling;at:1)less than the code required minimum front yard setback of 35 feet;2)less than the code required minimum rear yard setback of 35 feet;located at:1900 Gillette Drive,East Marion,NY. SCTM No.1000-38-2-20. 10:50 A.M.-JANE BEINEMAN AND GIANFRANCO MITRIONE#8064-Request for a Variance from Article XXIII,Section 280-124 and the Building Inspector's July 11,2025 Notice of Disapproval based on an application for a permit to demolish(as per Town Code definition)a single-family dwelling and reconstruct a single-family dwelling;at:1)less than the code required minimum rear yard setback of 50 feet;located at: 10166 New Suffolk Avenue,Cutchogue,NY. SCTM No.1000-116-6-1.2. 11.00 A.M.-BRAVEPORTER,LLC/JOE IAVARONE#8048-Request for a Reversal of the Building Inspector's June 16,2025 Notice of Disapproval,or in the Alternative,Variances from Article XXIII,Section 280-123A and the Building Inspector's June 16,2025,Amended October 6;2025 Notice of Disapproval based on an application for a permit to legalize the"as built"demolition(as per Town code definition)and reconstruction of an existing single family dwelling and to legalize the"as built"demolition(as per Town Code definition).and reconstruction of an existing seasonal cottage(converted to year-round use)at:1) cottage is 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;2)dwelling less than the code required minimum side yard setback of 10 feet;3)dwelling is less than the code required minimum combined side yard setback of 25 feet;4)more than the code permitted maximum lot coverage of 20%; located at:1425 Bay Avenue,(Adj.to Maron Lake)East Marion,NY. SCTM No. 1000-31-9-7.3. 1:00 P.M.-SHELTER ISLAND SOUND, INC.#8067-Request for a Variance from Article III,Section 280- 13C(1)and the Building Inspector's August 11,2025 Notice of Disapproval based on an application for a permit to legalize an"as built"accessory recreational structure upon a vacant lot;at:1)"as built" construction of a recreational building and use is not permitted;located at 900.Paradise Point Road, Southold, NY. SCTM No.1000-81-3-25.2. 1:10 P.M.-JOHN G.BRADLEY AND IRENE BRADLEY#8061 -Request for Variances from Article III,Section 280-13A(6)(d)and 280-13A(6)(i)and the Building Inspector's August 27,2025 Notice of Disapproval based on an application for a permitto construct additions and alterations to an existing single family dwelling to include a second story accessory apartment;at:1)apartment will exceed more the code permitted maximum 25%of the habitable space of the entire residence;2)foundation expansion will exceed more than the code permitted 25%of the living space of the existing dwelling unit;located at:1450 East Mill Road,Mattituck,NY.SCTM No.10007107-1-2.4. 1:20 P.M.-SANGROK LEE#8065-Request for Variances from Article III,Section 280-14;Article III,Section 280-15;and the Building Inspector's July 21,2025,AMENDED August 26,2025.Notice of Disapproval based on an application for a permitto construct an accessory in-ground swimming pool and amend a permit for a single family dwelling to add a roof top deck;at:1)height at more than the code required maximum of 25 feet for a flat or mansard roof;2)accessory swimming pool located in area other than the code required rear yard;located at:200 Beebe Drive,(Adj:to Eugene's Creek)Cutchogue, NY. SCTM No:1000-97-7-1. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Application Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Link: httpJ/24.38.28.228/WebUnk/Browse.aspx71d=935072&dbid=O&epo=TownOfSouthold Please note the last date to submit written comments to this office will be the Friday prior to the public hearing.Afterwards,documents will not be accepted by this office,but can be submitted to the Board ZBA Legal Notice December 4, 2025 Page 2 of 3 Members during the public hearing. If you have questions,please telephone our office at(631)765-1809,or by email:kimf@southoidtownny.9ov. Dated: November 20,2025 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIRPERSON By:Kim E.Fuentes 54375 Main Road(Office Location) P.O.Box 1179,Southold, NY 11971-0959 ZBA Legal Notice December 4, 2025 Page 3 of 3 Tbe'uffolk Timm See Proof on Next Page AFFIDAVIT OF PUBLICATION The Suffolk Times PO Box 1500, Mattituck, NY 11952 (518) 730-4551 State of Florida, County of Broward, ss: I, Anjana Bhadoriya, of lawful age, being duly sworn upon oath depose and say that I am an agent of Column Software, PBC, duly appointed and authorized agent of the Publisher of The Suffolk Times, a Weekly newspaper of general circulation, printed and published in Mattituck, Suffolk County, New York, designated by the County Clerk of Suffolk County as a newspaper of record;that the publication, a copy of which is attached hereto, was published in the said newspaper on the following dates. Publication Dates: • Nov 27, 2025 Notice ID: 8lgXiWcs1 aOf8bVzgwdO Notice Name: ZBA Legal Notice December 4, 2025 Publication Fee: $226.29 A„jana Bkadoriya � A�w'yolArililU,Gi SHERI SMITN Agent _ 01... a'o _= Notary Fublle-State of Florida v: c r-1.1on Y xxxcvw p ElWire,on WYal,WN VERIFICATION �r 4onmP000a State of Florida County of Broward Signed or attested before me on this:12/02/2025 Notary Public Notarized remotely online using communication technology via Proof. ZBA Legal Notice December 4, 2025 Page 1 of 3 BOARD MEMBERS ��OF so yo Southold Town Hall 1 Leslie Kanes Weisman, Chairperson ,`O 53095 Main Road- P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert, Jr. Office Location: Nicholas Planamento • �OQ Town Annex/First Floor Margaret Steinbugler OUNT`l\�� 54375 Main Road(at Youngs Avenue) ' Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 4, 2025 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following "IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY. DECEMBER 4, 2025: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. There will be a link to the Zoom Webinar meeting at http://southoldtownny.aov/calendar.aspx. 1:00 P.M. -SHELTER ISLAND SOUND. INC. -#8067- Request for a Variance from Article III, Section 280-13C(1) and the Building.Inspector's August 11, 2025 Notice of Disapproval based on an application for a permit to legalize an "as built" accessory recreational structure upon a vacant lot; at: 1) "as built" construction of a recreational building and use is not permitted; located at: 900 Paradise Point Road, Southold, NY. SCTM No. 1000-81-3- 25.2. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228/WebLink/Browse.aspx?id=935072&d bid=0&repo=TownOfsouthold If you have questions, please telephone our office at(631) 765-1809, or by.email: trim f@southoldtownny.gov. Dated: November 20, 2025 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) -53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ®�®SVFF Ire,/� Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 Southold, New York 11971-0959 Fax(631)765-9064 ZONING BOARD OF APPEALS DATE: November 3, 2025 RE: INSTRUCTIONS FOR PUBLIC HEARING Dear Applicant; The December 4, 2025 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. Below, please see instructions required to prepare for the SBA public hearing which incbudes: PLEASE READ CAREaFULLY. 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing,to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than November 25, 2025. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law,your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by November 25, 2025, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. MAILING INSTRUCTIONS: Please send by I1S+PS Certifed Maul Retwrn Recei,. the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. Instructions for ZBA Public Hearing Page 2 Please mail documents to the legal mailing address. (as on file with Southold Town Assessors Office) Mailing to be done by November 17, 2025. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff,they may telephone 631-765-1809 or email us at kimfnsoutholdtownny.gov or elizabeth.sakarello sgtown.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: hgp://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors> Assessment Books/Tax Rolls> https://southoldtownnV.gov/DocumentCenter/View/11008/tentro112025-1 I1ftfL&R�T�NTT I�NfS1�R�I�11CTI[®�NiS: '" Scan and email the USiPS mauling receipts, green signature cards aad affdavits to kim 1' ,So:utholdatow Iny.g to` fhe Town of Sointhold, ZBA, P.O. Box 117�9, Soutthold, NAY 119f7d1.. Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your,representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. ***PLEASE NOTE*** : THE LAST DAY TO SUBMIT WRITTEN DOCUMENTS TO THIS OFFICE FOR THE BOARD MEMBERS WILL BE THE FRIDAY PRIOR TO THE PUBLIC HEARING. AFTER THAT, NO DOCUMENTS WILL BE ACCEPTED BY THE OFFICE BUT CAN BE SUBMITTED TO THE BOARD MEMBERS AT THE PUBLIC HEARING. Kim E. Fuentes—Board Assistant Laserfiche Instructions for Zoning Board of Appeals Records • / OLD SOCIAL MEDIA > > isitiu4 ow Do L.. f i s� E. f NonfpMe® Maps ; Agendas& Town Code OnttnePayments� TownRccor"ifis Torms T Sign uP to receive ,�` Muiutes fi?sf1Y Pai Yetubdls .Wehhnk(C.aseifiche Fomts3APP{icadons _,,( ..;,.,�.t *,,w,-ka._,.�d .'•nnnfiracinnc_....�.u.,..:,;.�:��.-w,»..m.,t;.�ue,.....:c..ti.....�...t.t.�::t..,��.,.Ewa.:.:s.�..s..,...b:,. nnLnw,�..........;`..�..v:...:..�°..�-°a ,�..�.:w,.._..:....-0..�__ _.1t Above: Homepage, Click on Link"Town Records"Weblink/Laserfiche Laserfiche Web Link e" mywebunk Help I Abnut Slgoout Home Browse Search TownOfsouthold TownOfSouthold Name• Page count Te platem'e �J Town Clerk Entry Properties Town Historian Path :r{T—tees i'onrH;fScuhoid Zoning Board of Appeals(ZB) Creation date - Y,5f201d 1+52?41 AM Page 2 of 2 first « 1 i 2" 29 Entries Last modified " tft2/201"/&06:27 AM 2 Metadata No metadata assigned Above: -The second of two pages you will find "Zoning Board of Appeals (ZBA)"in the list of Town of Southold Departments. Click the Zoning Board of Appeals (ZBA)folder/link. r Laserfiche Instructions ZBA Files Page 2 Laserfiche Weblink v MywebLink Help At— Sign Out Home Browse Search Townol`S uhold>Zoning Board of Appeals(ZBA) Zoning Board of Appeals Name Page count Template name. (ZBA) J Alphabetical Index 2 Entry Properties >>Board Actions Laserfiche Search Guides Path 1 Meeting Schedules 'ownOfSout`wIClZoning B�wi., of Amwals fZ64) minutes/Agendas/Lap!Notices/Hearings Creation date ']pending 7/10/2001 12:17 16 PM _ Reports Last modified �/232017 11:07:1a AM •_'i special Event Permits .. --I Training Reqwrements ZBA officials Metadatd r ZBA policies No mmad.ta asslgned `Exceptions I:st Code 280-1 OC(3) 1 Jurisdiction Listing 1 ZBA Book Of Mapped 1977 Existing Lots 199 ocedure&Results —VhealWpap-smear=Uses] Fj Bulk Schedules 5 Agreements,Contracts&Leases Page 1 of 1 14 Envies Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. 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Tj TcwnOfSouthold-La.- t Southold-Cor Laserfiche WebLink Home Browse Search TownOfSouthold>Zoning Board of Appeals(ZBA)>Board Actions>Pending Pending Name ,"'1 9025 MAIN ROAD LLC,CARDINALE 2 Entry Properties - - - C&L REALTY-withdrawn Path ,.,- n)EMCAP SD 1 LLC "l� PECONIC RECYCLING TRUCK n THE ENCLAVES Creation date #7370-Frend 1000-128-6-6 3/28/2017 i 1 t36:0 7 AM #7379-Solutions East 1000-13-3-1 Last modified 6/9/2020 3:58:58 PM #7383-Spiller 1000-59-5-8.3 - — ----- - #73845E-HNF Resorts,Mydon Resorts-Campground-100040-3-5 2 Metadata #7385 SE-Fried 1000-50-1-13.1 No metadata assigned :]#7396 860 Bayview Drive-LLC 1000-37:5-10.1 97387 Hard Corner 100D-61-4-1 #7387 Hard Corner-SITE PLAN-Arch Plans 1000-61-4-1 #7388-Minton Irrev.Trust 1000-128.-2-20 ' A7369 Benic 1000-71-1-4 J 47406-Nappa 1000-89-1-1.5 Page 1 of 1 Above, Lists all Pending Applications under Board Actions/Pending LIRL Address, Link is http•//24 38 28.228:2040/weblink/Browse.aspx?dbid=0 Laserfiche Instructions ZBA Files Page 3 LaserficheWebLink myweounk He:o about'Sign Cut Home Browse Search 10wnOtSouthoid Zoning Board of appeals 1ZBA)>Board Actions Board Actions Name Page count Template.name - - --1 1957-1979 Entry Propertles I980-1999 Path `1 2000 ?ownOfSouthoWNZonmg Board of Apped15 f1ZBA11BWr d Actions 'i 2001 Creation date 2002 7/102001 12:21:55 PM 2003 Last modified '"7 2004 1128J2.017 11:s6:01-ANI 2005 A Metadata 2006 No metaclata a5signed 2007 2008 —1 2009 &P.esulls '7 2010 slMJpap-smearsUsa2l -.0 20t 1 ,i 2012 2013 2014 2015 2016 2017 Pending .w.neahhlinacartJhalN/PaP-w^�'U-2 n ,-t 1 ..._._.__ Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". A.— or... $larch .o•a'norSwUwld>2oning 0oard OrAOJael6I20AI�Bxrd amoni+201] 2017 Name Page caum Tempam name ... j�56g8 36' Boas Aagns Frrtry PrOPertks d oB]3 ]g 3ovd Khans Pau, d 599] as 3oara ANans >Niq;k�uln<',1a4'tn:ng 3vU'[I _. Ol aOpeaiS(Lfiulsuoa;0 Z]Wf ,w seam Knam mnnsz0v q- 66 aoard emom creation date a rolt 15 Board KOons last modfiM aoard Krrons 520`2T e.:65 NI! rota 16 s w,s az sv,re..n„m Memaara aoara•sons E%m6 a3 No nK;rilutla a6 e)Jih1 't,70,. 70 Boartl rrnam d'mg 56 9aardnrnonz ..a3,F 50 3wrd KLam 7020 50 axrd+Nuns a m2, sv aoa.anmore e rozz .- aoara>cPam 7023 335 9wrtl<rnom d rox ag aoara xdons roc ng xam>Nom B 7o:6 ;, aoara carom ]z; ao aoaN<Nons 1028 63 �aara amons d m.s I 3aard.<Nom Above: See listed File Numbers. Click on file you are searching. Laserfiche Instructions ZBA Files Page 4 Cashel Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. Laserfiche WehLink =asnel A° Home Browse Search costomae Search sort results by Relevance v Ra.—ds Management Search - - �7016 Board Actions-83 page(s) Feld name Choose field ] Page count 83 Template name:Board Actions Reset Page 3._:Colin and Kristen Cashel PROPERTY LOCATION:162 Lower Shingle Hill.Fisher... Page A._19.2017*7016,Cashel 5CTM No.1000-9-1-26 mimmus approval to remo... Page 5...y 19,2017 97016.Cashel SCTM No.1000-9.1-26 GRANT,the variances as... Search m— 'age 9...COLIN&KRISTEN'CASHEL SECTION 009 BLOC... Page 20...Thomas Ahlgren(Cashep,PO Box 342 Fishers lsland.NY... Show more information... J 7018 Board Actions-56 bagels) Page count:56 Template name:Board Actions page 48...930 A.M:COON CASHEL AND Variances under Article Id,5ecdon ANN... Page 48—ame(s)KRISTEN CASHEL5701 B-Requesc proposed aellis located in other tha-.. s Show more information... Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.4-1. Laserfiche WehLink • Mywebunk I Help:Alxut: 53) Home Browse Search `+o"OfSouthold>Zoning Board of Appeals(ZBA)>Minutes/AgendaS/Legal Notices/Hearings Minutes/Agendas/Legal Name Page count Template name - , Notices/Hearings n 1957-1979 2 Entry Properties Iqi 6l 999 2000-2009 Path TownOtSoutholc\Zon fig Board 2010 of Appeals .`I 201, (ZBailMin u¢rvAgencasiLeg ti N1,ticec'Heanng5 '_-7 2012 Creation date 2013 1,10/200'2:51:40 PM 2014 Last modified 1f+.2015 ��2016 2 Metadata -:n�2017 No metaciata assigned Page t of 7 I Ent, Above: Also, Minutes,Agendas,and Hearing Transcripts can be viewed. Laserfiche Instructions ZBA Files Page 5 Laserfiche WebUnk My Webu:k H.Ip I Abcut. Home Browse Search TownOfSouthold>Zoning Board of Appeals(ZBA)>MintAes/Agendas/Legal Notices/Heanngs>2017 2017 Name Page count .Template name ZBA-01/052017 7 z Entry Properties - j Z8A-07105/2017 Agenda 4 Path ZBA-0110512017 Heanng 40 i ownOfSoutholdlZnning Hoard Of AppealS ZBA-01/052017lN 3 (Z3A11MinuteVAgP-ndaSA-NM a ZBA-0111912017 2 Notices/H eanngs12017 qj ZBA-01/19/2017 Agenda 2 Creation date 1 2/161201 6 2:15:14 PM a ZBA-02102/2017 7 Last modified _,;ZBA-02/02/2017 Agenda 4 6/19/2017 A:53:59 PM ZBA-0210212017 Heading 45 2 Metddata _ .r ZBA-02/02/2017 LN 3 ZBA-0 2/1 61201 7 Agenda 3 No metadata assigned j ZBA-02/I6/20775pedal 3 _,dare&Resukz ,„i ZBA-03/0212017 7 m/heakh/pap-smmreUses2 Ij ZBA-03102/Z017 Agenda 4 -;ZBA-0310212017 Hearing 65 ZBA-03/02!2017 LN 3 ZBA-03116/2017 Agenda 3 ZBA-03/16/20175pecial 3 ZBA-041062017 5 ZBA-04/06/2017 Agenda 4 Z13A-04/06/2017 Hearing 45 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 OF ;INS The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will ALSO be available VIA ZOOM WEBINAR - Follow link - httpm.//Southoldtownny.gov/calendar.aspx FAM E : SHELTER ISLAND SOUND , INC #8067 SCTM #m. 1 000-81 -3-25m2 VARIANCE: NOT A PERMITTED USE BEQUEST: LEGALIZE 66AS BUILT" ACCESSORY RCREATIONAL STRUCTURE UPON A VACANT LOT rATEN THURS. , DEC. 412025 IM00 PM You may review the file(s) on the town's website under Town Records/Weblink: ZBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 BOARD MEMBERS S06F � Southold Town Hall Leslie Kanes Weisman,Chairperson O� dj 53095 Main Road• P.O.Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert,Jr. Office Location: Nicholas Planamento �► yQ Town Annex/First Floor Margaret Steinbugler if 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 September 18, 2025 Heather Lanza, Town Planning Director LWRP Coordinator Planning Board Office SEP 18 2025 Town of Southold SOUTHOLD TOWN Town Hall Annex PLANNING 80�,RD Southold,NY 11971 Re: ZBA File Ref.No. # 8067 — Shelter Island Sound Inc. Dear Sir or Madam: We have received an application to legalize an "as built" accessory recreational structure. The accessory structure is not permitted on this vacant lot. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map,project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. **PUBLIC HEARING SCHEDULED FOR DECEMBER 4, 2025** Thank you. Very truly yours, Leslie K. Weisman Chairper sP By: Encl. Site Plan/Survey : Marshall Paetzel 9/5/25 J-- YYam�// k µ.. 1Jl{l�Ll� � � �UTHOLD SEE SEC.NO.133 GVIL)L Cis 46 2 Air) i6. BASIN 5- 'L 13.1 —� -! 15.7 15.8 15.5 16.3 r 2.3A 1.8A 2.3A 2.3A(c) § „� 25 15.9 16.12/ 1.OA(c) 1.BA(c) y, - 2 AA(c) - _ zs" 29 3.4A(c) �.i. "----- Y - -. SEE SEC.NO.133 eil Q 15.7 2.9A - 13 1 \ ` 2.OA(c) R` 14 3 27.1 - - _ 2.2A(c) 272 • C�: ,'pia rw , 3.7A IIF , ,s.7 61A n 1 1 . sZ OJ jl 194 _ 1 3.5A(c) . - s 20 21 O FOR-PARCEL NO. _ Z SEE.SEC:NO. vOWi f 079-08-016.1 24.2 _ 1• .. 2,3A I t 252 - 'r 2pq — ^ ",�^° 29 c�aa COUNTY OF SUFFOLK © N NC �., G `m La �— u a. 2 Rea] Property'Ta%Service Agency MAINre�N1+10E.ALT 1-h°." ,. ------- 1x1A(c; W 01StRIBLMON OF. , a>e„o-.�... + .y� 300 C',•nrer Dric,1611.111 1..,10 11901 � SUFFOLK COUNTY (21) ��.ur.,�� "� 1Y��" - mo o wrtl+ovrlmrrre . ---- •cF— fj` REAL PROPFRTY T BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson C�®� ®U� 53095 Main Road•P.O.Box 1179 �'� �°® �® �® Southold,NY 1 1 97 1-095 9 Patricia Acampora Office Location: Eric Dantes eea Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��OWN, Southold,NY 11971 EC IVED http://southoldtownny.gov 1 ;l,W N ZONING BOARD OF APPEALS V q 1 2022 TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 outho d Town Clerk FINDINGS, DELIIBERATIONS AND DETERMINATION MEETING OF APRIL 7,2022 ZBA FILE: #7579 NAME OF APPLICANT: Jay P. Mandelbaum and Lauren Gordon = PROPERTY LOCATION: 920 Kimberly Lane, Southold NY SCTM: I000-70-I3-20.15 SEQRA DETERMINATION: 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 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 September 17,2021 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 DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a conforming, 40,707 square feet, .935-acre, semi- rectangular lot, located in the R40 zoning district measures 145 feet along Main Bayview Road to a curve at Roxanne Lane measuring R=25 feet, L= 39.27 feet, then runs east along Roxanne Lane 179.12 feet to a curve at Kimberly Lane measuring R=25 feet, L=36.54 feet, then runs south 97.58 feet and returns 259 feet along a residentially developed lot to the south. The parcel is developed without a principal residence and is improved with an accessory tennis court measuring 60 feet by 120 feet,a slate patio,a small shed,post and rail fencing,deer fencing and fencing for the tennis court, as shown on the survey prepared by Nathan Taft Corwin,III,Licensed Land Surveyor and dated June 11,2021. BASIS OF APPLICATION: (Reopened January 20, 2022)Request for Variances from Article IV, Section 280-18 and the Building Inspector's August 4,2021 Notice of Disapproval based on an application for a permit to construct a single family dwelling and an accessory raised patio with a hot tub; where, 1) the proposed construction would result in greater than the code permitted lot coverage of 20%, and 2)the proposed raised patio and hot tub would be located partially in other than the code required rear yard located at: 920 Kimberly Lane, Southold,NY. SCTM No. 1000-70-13-20.15. In addition,the property owner seeks to amend Declaration of Covenants and Restrictions on the subject property which require the removal of the existing tennis court if a single-family dwelling is not constructed by November 30,2021. RELIEF REQUESTED: The applicant requests variances for 31% lot coverage which exceeds the code permitted maximum lot coverage of 20%in the R40 Residential Zone,in order to maintain an existing 7,200 square feet tennis 4 Page 2,April 7,2022 #7579,Mandelbaum SCTM No. 1000-70-13-20.15 court and further improve the site with a 3,404 square feet single family residence measuring 80.5 feet by 68.2 feet by 20 feet (average floor width); a 1,022 square feet garage measuring 26.4 feet by 38.9 feet; a 75 square feet breezeway (connecting the house and accessory garage); a 529 square feet raised tennis (observation) porch containing a Jacuzzi spa(located partially in a side yard where such improvements are required to be located in a rear yard), a 395 square feet covered porch attached to the proposed residence, for total proposed lot coverage of 5,425 square feet or an additional 13.2%and a request to amend Covenants and Restrictions on the subject parcel Declared by Jay P.Mandelbaum and Lauren B.Gordon on December 14,2010 and filed with Suffolk County Clerk's Office, either extending the date to complete construction of a conforming single-family residence on the parcel by November 30,2021 or removal of the clause requiring the applicant to demolish the tennis court should a conforming house not be completed by that date. AMENDED APPLICATION: During the hearing of January 6, 2022, the applicant was asked to bring the plan into more conformity with the code but did not request leaving the hearing open in order to amend the proposed drawings to reduce lot coverage. The hearing was closed,and the applicant's attorney subsequently submitted plans reducing the proposed lot coverage to 26.35 percent along with one prior variance approval by the ZBA for a property on Kimberly Lane. Since the hearing had been closed,those plans and the prior ZBA decision could not be accepted as part of the record. On January 20,2022 the Board,on its own motion,voted unanimously to reopen the hearing to accept those plans and the prior ZBA decision,and set another hearing date for March 3,2022 During the March re- opened hearing, the applicant submitted a plan decreasing lot coverage from the previously proposed 26.35% lot coverage to 23.8%, as shown on architectural drawings labeled A-100, A-101, A-102, and A-103 and a new site plan, labeled A-110.00, prepared by Mark Cunningham and dated February 7,2022. The new plans are not signed by the architect, nor do they bear his stamp. ADDITIONAL INFORMATION: No member of the public spoke in favor of or against this application. However, a series of`form letters' (some incomplete) where received indicating support of this application from neighbors on Kimberly Lane and within the Town of Southold. The subject parcel is encumbered with three front yards: Kimberly Lane,Roxanne Road,and North Bayview Road. When the lot was created a stipulation of the subdivision required a buffer of 20 feet following Main Bayview Road on the side of the subject parcel that was to"remain in its natural state"preventing access to the subject parcel from that street,and a 5 feet wide right of way also running on the southern lot line from Kimberly Lane to Main Bayview Road. BACKGROUND: The subject parcel is the beneficiary of ZBA decision,file#6359 dated June 16, 2010, granting the applicant relief to construct an accessory tennis court on a vacant parcel directly across from the applicants' principle dwelling on the bayside of Kimberly Lane,without the construction of a principal dwelling,and to construct a fence 6'/2 feet high where the Town Code specifies a four-feet maximum height in a front yard and a six-feet maximum height in the side and rear yards. As a condition of the approval; Covenants and Restrictions were placed on the subject parcel, subject to the approval of the Southold Town Attorney and to be filed with the Suffolk County Clerk. The required Declaration of Covenants and Restrictions,dated December 14,2010 was filed with the Suffolk County Clerk and received by the Town of Southold Zoning Board of Appeals on January 10,2011. Created and signed by the applicants,Jay P. Mandelbaum and Lauren B. Gordon, approved by the Town of Southold Attorney, they state the following: 1. The period of use began on the date the decision was executed, June 14, 2010.Prior to the use of said tennis court,the owner had to obtain a temporary Certificate of Occupancy 2. During the period of the temporary Certificate of Occupancy,the present fee owner of this property must commence construction of a CONFORMING single-family dwelling and obtain a Certificate of i Page 3,April 7,2022 #7579,Mandelbaum SCTM No. 1000-70-13-20.15 Occupancy, at which time,the Building Inspector can issue a'permanent Certificate of Occupancy for the tennis court. If the fee owner chooses not to construct a CONFORMING dwelling by November 30, 2021,the fee owner must remove the tennis court and place the property back to its original condition. 3. If the tennis court is not removed by January 31,2022,the Town of Southold Highway Department can enter the property for the sole purpose of the demolition of the tennis court. The Town of Southold may charge the fee owner the sum of twice the actual cost of removal. The fee cannot exceed the total amount of Thirty-Six Thousand Dollars and 00/100($36,000)for the removal of the tennis court,the fence and any other charges that the Town may incur. This fee charged will be placed upon the title of the vacant lot as a lien. The commencement of the removal will occur no later than two(2)weeks after the written or verbal refusal to remove. Filed with the Covenants and Restrictions is Schedule "A" further outlining the agreed to restrictions, placed on development of the site with an accessory tennis court without a primary residence. ZBA file#6359 did not approve the as built shed, deer fencing or lighting currently on the parcel, and approved a maximum 6.5,ft.high black chain link fence to enclose the tennis court which was to be screened from view on North Bayview Road and Roxanne Road by substantial plantings, a minimum of eight feet in height. The applicant has installed the required landscaping. On August I0, 2021, the ZBA received a letter from the applicant's attorney dated August 9, 2021 requesting, an extension of the November 30, 2021 deadline in the filed C&Rs by which time a new conforming dwelling was to be constructed on the subject lot, or the tennis court was to be removed.The applicant received a written response from the ZBA dated August 25, 2021, denying the request. Prior to requesting this extension,the applicant,during the entire ten(10)year period, did not commence construction of a conforming single-family residence,or apply to the Building Department for a building permit to demonstrate their intent, or contact the ZBA to discuss amending the filed Covenants and Restrictions deadline. The architectural plans currently submitted are dated June 18, 2021 for a non-conforming dwelling(excessive lot coverage)that the applicant agreed to have completed construction by or before November 30,2021. At the public hearing the applicant stated that due to family needs, personal illness and children's college tuition, coupled with the delays associated with the Covid-19 Pandemic, they were unable to complete construction of the principle dwelling within the required ten-year time frame agreed to in the filed Covenants and Restrictions. The applicant's revised architectural drawings dated July 27, 2021 and labeled T-000.00, A-000.00, A-005.00, A- 010.00, A-100.00, A-101.00, A-102.00, A-I03.00, A-110.00, A-200.00, and A-201.00 prepared by Michael S. Gilmore,Registered Architect propose the following: improvements: A 3,404 square feet four bedroom single family residence with a covered front porch, an open living room, dining room, kitchen; a study;a screen porch; pantry,mud and laundry rooms; a billiard room;a powder room; three bedrooms each with private baths on the first floor and one master bedroom suite on the second'floor that includes a sitting room,full bath and dressing room. Other proposed structures include a 1,022 square feet three bay accessory garage containing a powder room,work bench attached outdoor shower and mechanicals/storage attached to the residence by 75 square feet of breezeway; 529 square feet raised tennis (observation) porch containing a jacuzzi spa,395 square feet covered porch attached to the proposed residence. Amended plans received illustrate a 2,382 square feet`main house' with 4 bedrooms (maintaining an owner's suite on the second floor with living space and two additional bedrooms, a 70 square feet entry porch and 605 feet rear patio, an 843 square feet multi-car garage/storage building, 123 square feet jacuzzi, along with the existing 7,200 square feet tennis court. Page 4,April 7,2022 #7579,Mandelbaum SCTM No. 1000-70-13-20.15 At the public hearing on January 6, 2022 the applicants and their attorney conceded that a conforming structure can be built on the lot along with the existing tennis court, but further argued that at the time of the initial variance approval to construct an accessory tennis court on a vacant residential lot, it was their understanding that the use of the term"conforming dwelling"meant conforming to the character and size of adjacent residences located on Kimberly Lane and not conforming to the Town Code bulk schedule for the R-40 Zone in which the subject parcel is located. The Board finds this argument unpersuasive. While Town Law 267-b(3)(b)(1) as part of the required balancing test that must be applied by the Board in granting or denying applications for variance relief,does require the Board of determine if a requested variance would or would not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, the Zoning Board's appellate jurisdiction is based upon the ability to grant variance relief for proposed actions that are not conforming to the Town of Southold Zoning Code as identified in a Notice of Disapproval duly issued by a code enforcement official in the Town of Southold Building Department. This very jurisdiction is what empowered the Board to grant the construction of the subject accessory tennis court on the subject parcel,which is not a code permitted use without the presence of a code required principle single family dwelling. Logically, if the Board had contemplated that the applicant would require variance relief to construct a future dwelling while maintaining the tennis court, similar in size and character to other dwellings in the neighborhood,the word"conforming"would not have been included in the language used in the filed Covenants and Restrictions, in contravention to the applicant's attorney who argued that the Board, at the time of the approval for the tennis court, had always anticipated the need for variance relief. The applicant submitted ZBA prior variance relief approved in the Kimberly Lane subdivision to support their request for excessive lot coverage. However, file#5077,#5078 and#5238 are relative to a single larger property, with `as built' improvements,and also required setback,not lot coverage relief. A Memorandum of Law dated January 4,2022 was received from the applicant's attorney on January 5,2022 arguing in support of the relief requested. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on January 6,2022 and on March 3,2022 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance requested will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Kimberly Lane neighborhood consists of code-conforming homes of varying sizes and amenities, half of which are bayfront. The residences on the bayfront side if Kimberly Lane appear to be larger whereas those homes built on `through-lots' backing up to Main Bayview Road, like the subject lot, appear to be modest in comparison. The only other `corner' lot like beside the subject parcel,is not yet developed.Lot coverage variances are not characteristic in this neighborhood,nor are tennis courts, although one other tennis court exists. The applicant argues that the use of the term `conforming`in the filed C&R's does did not refer to the Town Code bulk schedule but rather to the character(size and style)of other homes in the neighborhood where the parcel is located, although no evidence to support this claim exists. 2. Town Law&267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method,feasible for the applicant to pursue, other than an area variance. The applicant can build a new single-family residence with accessory spa on the subject parcel while maintaining the accessory tennis court, that conforms to the Town Code bulk schedule without the need for a variance for either lot coverage, setbacks, or height. The applicant can build, as of right,a two-story conforming dwelling, which is a size that is in keeping with the character of other homes on Kimberly. Furthermore, the applicant has several design options to accomplished their goals with a conforming 20 percent,such as removing or altering the plans-for the accessory garage, reducing the footprint of the single-family Page 5,Apri17,2022 #7579,Mandelbaum SCTM No. 1000-70-13-20.15 residence and/or building a full two-story residential structure and removing or reducing the size and scale of`raised' patios and/or building them at grade.The applicant can also permanently remove the existing tennis court, which is currently in violation of ZBA decision#6359 and the Covenants and Restrictions filed with the Suffolk County Clerk. 3. Town Law V67-b(3)(b)(3). The variances requested herein are mathematically substantial, representing 100% relief from the code relative to a`raised tennis(observation)porch containing a jacuzzi spa' in a side yard;55%relief for the 31% lot coverage originally proposed; 31.5%relief for the proposed amended 26.35%relief and 19%relief for the proposed amended 23.8% relief. proposed at the March 3, 2022 hearing, where the Code allows 20% maximum lot coverage. Non-conforming lot coverage is not common to the neighborhood in which the proposed relief is sought and the Board also believes it is in violation of the terms of the filed C&R's that require the construction of a conforming dwelling. 4. Town Law 5267-b(3) b( )(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in,the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. Furthermore; the applicant had direct knowledge of the terms of ZBA decision #6359 and the associated Covenants and Restrictions on file with the Suffolk County Clerk, as executed by Jay P. Mandelbaum and Lauren Gordon, and individually signed. 6.Town Law$267-b. Grant of the requested relief is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of maintaining an existing accessory tennis court and constructing a new town code conforming single-family residence while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF'THE BOARD:In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Weisman(Chairperson),seconded by Member Lehnert,and duly carried,to DENY the variances as applied for,and GRANT an extension of three (3) years by amendment to the applicant's filed Declaration of Covenants and Restrictions,acceptable to the Town of Southold Acting Town Attorney, allowing a residence CONFORMING TO THE TOWN CODE BULK SCHEDULE to be constructed on the subject property with final Certificate of Occupancy issued within three years from the date of this decision(April 7,2025). SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall submit to the ZBA an Amended Declaration of Covenant and Restrictions to the satisfaction of the Town of Southold Acting Town Attorney and Med with the Clerk of Suffolk County indicating the amended date for the completion of a single-family dwelling conforming to the Southold Town Code bulk schedule by or before April 7.2025 2. If the fee owner chooses not to construct a dwelling conforming to the Southold Town bulk schedule by April 7,2025,the fee owner must remove the tennis court and place the property back to its original condition. 3. Other applicable language in the filed Covenants and Restrictions received by the Board of Appeals on January 10, 2011 shall remain in the Amended Covenants and Restrictions, to the satisfaction of the Southold Town Acting Town Attorney. Y ' 1 1 � ' Page 6,April 7,2022 #7579,Mandelbaum SCTM No. 1000-70-13-20.15 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. 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. 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 the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes:Members Weisman(Chairperson)Dantes,Acampora,Planamento and Lehnert. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing / /2022 Office Location: tiO Xrg $Q�Tyo� Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road.(at Youngs Avenue) P.O.Box 1179 Southold,NY 11971 • Q Southold,NY l 1971-0959 Ulm,H http://southoldtown.northfork.net PECIVED BOARD OF APPEALSTOWN OF SOUTHOLD erni 6 2t�'0 Tel.(631)765-1809 Fax(631)765-9064 a Q_;!�" Southold Town Clorl FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JUNE 10,2010 ZBA FILE: #6359 NAME OF APPLICANT:Jay P. Mandelbaum SCTM# 1000-70-13-20.15 PROPERTY LOCATION: 920 Kimberly Lane(North Bayview Road and Roxanne Road)Southold,NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK 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 January 5, 2010 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: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: The subject property is a vacant 40,707 square feet parcel located in an R- 40 District. This lot is a part of the Map of Paradise by the Bay filed November 4,' 1976 with the Suffolk County Clerk as Map number 6463. The property contains three front yards; 145.00 feet along North Bayview Road, 179.12 feet along Roxanne Road,97.58 feet on Kimberly Lane and with 259.00 feet on the south property line. The proposed tennis court is shown on the site survey submitted, drawn by Samuels& Steelman, dated Sept 15, 2009, and revised Feb.24, 2010. BASIS OF APPLICATION: Request for Variance from Code Section 280-13 and 280-105A,based on an application for building permit to build a tennis court on a vacant lot,and the Building Inspector's October 2,2009, Amended February 25,2010 Notice of Disapproval stating that the use of a tennis court is not permitted on a vacant lot(without a principal dwelling)and the tennis court fence will exceed the code limit of 4 feet in height. Location of Property: 920 Kimberly Lane,(North Bayview Rd.&Roxanne Rd.)Southold,NY; CTM#70- 13-20.15. (Paradise by the Bay subdivision) RELIEF REQUESTED: The applicant proposes to construct an accessory tennis court in a conforming location on a lot that is construed to be a vacant parcel without the benefit of a principal dwelling, and to construct a fence 10 feet in height,whereas Town Code specifies a 4 foot maximum height in a front yard and a 6 foot maximum height in the side and rear yards. ADDITIONAL INFORMATION: The Board received the requested survey showing a proposed building envelope, a landscape plan,the proposed style of fence and ingress and egress from the property on Kimberly Lane r Page 2—June 10,2010 ZBA File#6359—Jay P.Mandelbaum CTM: 1000-70-13-20.15 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application March 25,2010 and May 20,2010,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 and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Zoning Code does not authorize construction of accessory structures on this vacant parcel, except those that receive variance approval. In many situations, the Zoning Board of Appeals has denied variance requests for an accessory structure on vacant lots. All these requests must be considered separately and individually under use variance standards,especially because the code requires a single-family dwelling or other permitted principal building to be in existence prior to an approval by the Building Inspector of a building permit, for such an accessory structure. In this case, the applicant owns two vacant lots,on opposite corners, and his house is on the lot across the street. The character of the neighborhood is comprised of one-acre lots with many waterfront parcels, and the majority of these parcels are already improved with single- family dwellings. The Board has determined that the addition of this particular tennis court, albeit on a vacant parcel, but restricted by the additional conditions as set forth in this decision, will not change the residential character of the neighborhood,or be a detriment to other properties. 2. Town Law 4267-b(3)(b)(2).The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant owns a single-family dwelling on the parcel across the street,which is a waterfront lot, and there is not enough area to construct a private tennis court. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is substantial. The applicant is seeking a 100%relief from the code. However, the applicant is willing to place covenants and restrictions on the property that would mitigate neighborhood concerns and other foreseeable future conflicts. 4. Town Law &267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The Board has tailored this decision to address both the specific request of the Applicant, and the documented response from the majority of the neighbors who spoke and provided written testimony at the Public hearing. Neighbors expressed concern that the natural landscape remains as unchanged as possible along North Bayview Road, and that no lighting is allowed. Some neighbors suggested that no fencing be allowed, the Applicant suggested a particular style of fencing, and this Board has determined to allow for fencing customary to tennis courts. The Applicant submitted a landscape plan that screens the tennis court from both North Bayview Road and Roxanne Road.The proposed covenants and restrictions further address all the expressed concerns. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant could have proposed the tennis court on his house lot, however, this is a waterfront lot and the tennis court would have to be placed in the front yard,which already contains an in-ground swimming pool. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory tennis court while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. If the Board were interested in conditioning the vacant parcel for a specific time, it would give the applicant a time in which to construct a principal dwelling on the parcel. The applicant would then be able to use and enjoy the tennis court and if he chose not to build a single- family dwelling, the tennis court would be removed. This conditional time period approval would be contingent upon the present fee owner continuing to own the improved parcel across the street, identified as SCTM##1000-70- 13-20.5. It can be accomplished by placing covenants and restrictions on both parcelst consideration of the 1 PageR3—June 10,2010 ZBA File#6359—Jay P.Mandelbaum CTM: 1000-70-13-20.15 balancing test, the Board has determined that the benefit to the applicant with these Covenants and Restrictions applied,outweighs the detriment to the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Goehringer, seconded by Member Dinizio, and duly carried,to GRANT OF CONDITIONAL APPROVAL, of the variance as applied for, to this FEE OWNER ONLY, and shown on the Landscape plan prepared by Lisa Bynon Garden Design dated received by ZBA on May 14,2010 and Site Plan prepared 9/15/09,revised 2/24/10,by Samuels and Steelman,Architects. Covenants and Restrictions shall be placed on this parcel and be made part of this decision, and shall be filed with the Suffolk County Clerk within thirty(30)days of the filing of this decision with the Southold Town Clerk. Conditions: 1. Allow only the construction of an unlighted tennis court on the subject parcel. 2. The variance for the fence used in conjunction with the tennis court shall be black chain link and not to exceed 6.5 feet in height. 3.Plantings on North Bayview Road and Roxanne Road shall screen the court on the two sides and be a minimum height of eight(8)feet,continuously maintained. 4. The period of use,starts at the date of the execution of this decision. Prior to the use of said tennis Court owner must obtain a temporary Certificate of Occupancy. 5.During this period the present fee owner of this property must commence construction of a single family dwelling and obtain a certificate of occupancy,at which time,the Building Inspector can issue a permanent certificate of occupancy for the tennis court. If the fee owner chooses not to construct a conforming dwelling within this period,the fee owner must remove the tennis court and place the property back to its original before construction 6. If for any reason the fee owner/applicant sells the property or upon his demise,his inheritants must remove the tennis court within sixty(60)days of the termination date certain which is November 30, 2021. 7. If the tennis court is not removed by January 31,2022,the Town of Southold Highway Department can enter the parcel for the sole purpose of demolition of the tennis court. The Town of Southold may charge the fee owner a sum of twice the actual cost of removal. The fee cannot exceed the total amount of$36,000.00 for the removal of the tennis court,the fencing and any other charges the Town may incur. This fee charge will be placed upon the title of this vacant parcel as a lien. The commencement of the removal will occur no later than two(2)weeks after a written or verbal refusal to remove. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Before applying for a building permit,the applicant or agent must submit to the Board of Appeals for approval and filing,two sets of the final site plan and landscape plan conforming to the relief granted herein and reflecting the conditions/Covenants and Restrictions required in this decision,and two sets of the approved and filed Covenants and Restrictions. The ZBA will forward one set of approved,stamped drawings and filed Covenants and Restrictions to the Building Department.Failure to follow this procedure may result in the delay or denial of a building permit,and may require a new application and public hearing before the Zoning Board of Appeals. 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 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. 1 REGEr�Eo HARVEY A. ARNOFF BAN a 6pgR0 OfiAPp E,qLS Attorney At Law 206 Roanoke Avenue,Riverhead,NY 11901-2794 (631)727-3904 Harvey A.Arnoff Fax No.:(631)727-3940* Paul K. Siepmann *Not for service of legal papers Lindsey M.Albinski e-mail:harnoff@a.rnofflaw.com Paraleeal Of Counsel Colleen Grattan-Arnoff, R.N., LNC George F. Biondo Richard A. Hammer January 5, 2011 Thomas G. Nolan Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Attn: Ms. Vicky Toth RE: 920 Kimberly Lane, Southold, New York Tax Map No. 1000-70-13-20.15 ZBA#IIIIM - Mandelbaum Dear Ms. Toth: Enclosed herewith, please find a certified copy of the Declaration of Covenants and Restrictions filed on January 5, 2011 against the above referenced property. Thank you for your courtesies throughout this matter. Very truly yours, 7 - PKS:dr Paul K. Siepmann Enclosure cc: Mr. Jay Mandelbaum CC#: C11-562 LA RECEIV �% ED COUNTY CLERK'S OFFICE STATE OF NEW YORK BAN .I COUNTY OF SUFFOLK BOARD DF APPF-ALS I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 01/05/2011 under Liber D00012647 and Page 782 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 01/05/2011 SUFFOLK COUNTY CLERK ; JUDITH A.PASCALE SEAL BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson y����S O(/j�,plG 53095 Main Road•P.O.Box 1179 Southold,NY 1 1 97 1-0959 James Dinizio Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning p �� 54375 Main Road(at Youngs Avenue) Ken Schneider CQUNS'1, Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 August 10,2010 Harvey A. Arnoff Attorney at Law 206 Roanoke Avenue Riverhead,N 01 RE: Z A#6359— andelbaum Dear ff: The Board has received and reviewed your letter dated July 15,2010 requesting the re- opening of the hearing on ZBA decision#6539/Mandelbaum(proposed tennis court). By Resolution at the Special Meeting of August 6,2010,the Board voted to deny re-opening the hearing to reconsider the height of the fence. Si"SiAcy 0e , Leslie Kanes Weisman Chairperson/Department Head BOARD MEMBERS O��QF$QUlyOI Southold Town Hall Leslie Kanes Weisman,Chairperson G 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 James Dinizio Office Location: Gerard P. Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing p i0 54375 Main Road(at Youngs Avenue) Ken Schneider Irou Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 July 23, 2010 Harvey A.,Arnoff Attorney at Law 206 Roanoke Avenue RiverheaONI901 RE: ZBMandelbaumDear Mr. , I have received and reviewed your letter dated July 15,2010 requesting the re-opening of the hearing on ZBA decision#6539/Mandelbaum(proposed tennis court). I am forwarding a copy to all Board members and will schedule this item for possible Board Resolution on the agenda of either the next Regular Meeting on July 29,2010 or the next Special Meeting on August 18, 2010 as time permits. I will inform you in writing of the Board's decision immediately after our deliberation. Sincerely, Leslie Kanes Weisman Chairperson/Department Head BOARD MEMBERS SO tOF Southold Town Hall �r�, Leslie Kanes Weisman,Chairperson �0� OHO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 James Diniziot Office Location: Gerard P.Goehringer • Q Town Annex/First Floor,Capital One Bank George Horning p YO 54375 Main Road(at Youngs Avenue) Ken Schneider l'fCQulm,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765.1809•Fax(631)765-9064 July 15, 2010 Harvey A. Arnoff Attorney at Law 206 Roanoke Avenue Riverhead,NY 11901 RE: ZB 6359—Mandelbaum Dear Mr. Arnoff: In response to your letter dated July 7, 2010, the Zoning Board members voted by Resolution at the Special Meeting of July 13, 2010,to grant the thirty(30)day extension you requested in order to complete the requirements of the Conditional Approval on the above referenced decision. Accordingly, the required Covenants and Restrictions must be approved by the town attorneys' office, filed with the Suffolk County Clerk and a certified copy submitted to the Zoning Board office by August 16,2010. If you have any questions,please call the office. Sin ere y, Leslie Kanes Weis an Chairperson eyll- HARVEYA. ARNOFF eo ✓��I Fo A Attorney At Law 206 Roanoke Avenue,Riverhead,NY 11901-2794 (631)727-3904 Harvey A.Arnoff Fax No.:(631)727-3940* Paul K. Siepmann *Not for service of legal papers Lindsey M.Albinski email:harnoff@arnofflaw.com Paralegal Of Counsel Colleen Grattan-Arnoff, R.N., LNC George F. Biondo Richard A. Hammer July 15, 2010 Thomas G. Nolan Leslie Kanes Weisman, Chairperson and Members of the Board Zoning Board of Appeals VIA FACSIMILE (765-9064) & REGULAR MAIL Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 RE: 920 Kimberly Lane, Southold, New York Tax Map N 1000-70-13-20.16 ZBA#6 Mandelbaum Dear Ms. Weisman and Members of the Board: Having received'your decision in regard to the above. entitled matter, my client embarked upon determining what the immediate effect of same would be on his project. Obviously,the Board is well aware that a 6 and%foot fence will not be sufficient around any tin^i5 0aanapprap� ate�:1C103:('�. � ycl'EislinCdi�tlEni� OaSCCieirwhaith2v - 1 i LA cost would be to"drop"the court down a sufficient number of feet in order to make the final product useable. It was determined that the cost to accomplish this would be approximately between $35,000,00 and$50,000.00. lam prepared to furnish the Board with estimates of that if it is necessary. What I am requesting is that the Board reschedule this matter for a hearing to revisit if, at all possible, its determination as to the height of the fence. I recognize that this is an unusual request but,under the circumstances, I am certain that none of us anticipated that the final cost to come into compliance with your Board's determination would increase the cost of the project by nearly $50,000.00. R�c�f LAW OFFICES OF HARVEY A. ARNOFF ep� ✓�j�r GFO 'Qp .9eel, Leslie Kanes Weisman, Chairperson OA- and Members of the Board July 15, 2010 Page -2- As usual,I would like to take the opportunity to thankthe Board for its many courtesies. shall await your response. Very truly y,,oats, `. HAA:dr HHarvey . Arnoff cc: Mr. Jay Mandelbaum / BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson �� rifi� 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CA Town Annex/First Floor, Robert Lehnert,Jr. ; �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento COMMl Southold,IVY 11971 y .,��' http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD TeL(631)76571809•Fax(631)765-9064 August 25,2021 Martin Finnegan Twomey Latham Shea Kelly, et al P.O. Box 9398 Riverhead,NY 11901 RE: Request for Extension Appeal No. 6359,Mandelbaum SCTM No. 1000-70-13-20.15 Dear Mr. Finnegan; On August 10,20211 received your correspondence dated August 9, 2021 requesting an extension of the required time frame in which your client agreed,to comply with the Zoning Board's conditions of approval for an accessory tennis court on a lot without a principal use(dwelling).In that June 10, 2010 determination(ZBA File#6359)your client was required to commence construction of a conforming single-family dwelling and to obtain a Certificate of Occupancy from the Building Department by November 30,2021. Furthermore,failure to do so would extinguish,the temporary certificate of occupancy,for the tennis court,which would subsequently have to be removed by January 31,2022. Also,as a condition of approval by the ZBA,on December 14,2010,your client filed with,the Suffolk County Clerk, &binding Declaration of Covenants and Restrictions(C&R's) agreeing to all of the conditions of approval set forth in the June 2010 ZBA determination. Inyouur letter you explained that the Mandelbaum family has been planning the construction of a dwelling on the subject property for some time,that the design and survey work was delayed by the ongoing pandemic,a building permit was disapproved on August 4,2021,and that a requisite area variance application-will be promptly submitted. During the Special Meeting of August 19,2021,members of the Zoning Board of Appeals and the Town Attorney reviewed and discussed your request. The Board members unanimously felt that your client willingly entered into the terms of approval by signing and filing the required C&R's,that the eleven-year time frame granted by the Board was more than sufficient for your client to have complied with the approval by constructing a conforming dwelling on the subject property, and that there is insufficient justification to extend that deadline.In addition,the filed C&R's run with the land and can only be modified by a majority vote plus one at a public hearing, and that the terms of the C&R's shall prevail. Twomey FA Ldarham SHEA, XELLEY, D-U•61N & QUARTAR-ARO, LLP Thomas,A.•Twomoy,Jr Martin D.Finnegan (tons-2014) Partner Stephen U,Lnthatn John R Shea,Ili 631-727-2180,x-265 Christopher 0.Kellr Davio rot Dubin .,. y mlinnegan!ir sul3olkla�v.com Jay R QuatIn vu , .August 9,2021 Rnter M Mott gv Hand Janice I..Snead Anne Marie Ooodale Ms..Leshe Kanes Weisman,Chairperson Bryan C.Van Cott ,o Kathryi'Da1F Zoning Board of l\ppeals Laura I.Dunathan I p 0. 13ox 1179 Patrick G.I'Vo I ;v1lrtin❑ Finnegan -) Southold,NY 11971-0959 N078 EGrahirn, Jeffrey W.'agano n Re: Vamutnce Extension Request—ZBA File#6359 Sryan.,.Dmgo i Premises: 920 Kimberly Lane,Southold,NY Bernadotte rutlsdl SCTM#1000-70-13-20.1.5 Crag,g H HancDRr ' Alexandra Halsey-Storch MehBsa S.Doris i<atenna Grnko Dear Chairperson Weisman and Members of the Board: I orra+ne Pacoieo i Ter•.c icra flussell Daniel el,Sainard to This office represents Jay Mandelbaum who was granted a variance by the AhCir dveick Sedls Zoning Board of Appeal on June 14,20.10 byway of Determination 6359 of 2010, for the construction,of a tennis court on the subject vacant lot.The variance OF COUNSEL apprmo al was conditioned upon a covenant by the owner to construct a single-family I.iaa Clare KomUrink Kevin Pal.Fox residence on the property by November 30,2021. Although the Mandetbaum I<oliy L.I<inirans i Fainily bas been planning the construction for some time,the design and.survey Karelt A.Hoeg Patr,oia J:Russel work was delayed by the onslaught of development triggered by the ongoing .Jonniter R Nicro 6 pandemic. The Mandelbaum's.applicationTof a building permit was disapproved on August 4,2621 and they will be submitting the requisite area variance application as 9 GY N LA Wlt,5 lL tS IN 1,W.1 J,1N I promptly as possible. 0 N'ti.NJ tlnt,c I 'J NY tLl n?t�',KlE NY NJ&°`a"s 1 year extension of the aforesaid N7:,lJRP1.OAK�3 We are respectfully requesting a two (2)y Main Office construction deadline to enable the Mandelbaums:to seek the,required variance 33 Yitost Second St. relief n and commence construction of a residence on the property to satisfy file P.O.box 9398 conditio set forth in the 2010 variance. Please let me know if you have an Riverhea4.�fJY y190't y 6311.727.21180, questions or require any further information to process this request. sufPoiktaw.com Thank you for your consideration, ery truly ri-s, negan MDF/as cc: Kiln Fuentes Bill Duffy,Town Attorney HARVEY A. ARNOFF RrCENeD 60AR®Af•ApPEA LS Attorney At Law 206 Roanoke Avenue,Riverhead,NY 11901-2794 (631)727-3904 Harvey A.Arnoff Fax No.: (631)727-3940* Paul K. Siepmann *Not for service of legal papers Lindsey M.Albinski email:harnoff@arnofflaw.com Paralmal Of Counsel CoUeen Grattan-Arnoff, R.N., LNC George F. Biondo Richard A. Hammer %# 7, 2G1 G Thomas G. Nolan Leslie Kanes Weisman, Chairperson and Members of the Board Zoning Board of Appeals VIA FACSIMILE (765-9064) & REGULAR MAIL Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 RE: 920 Kimberly Lane, Southold, New York Tax Map No. 1000-70-13-20.15 ZBA#VOW- Mandeibaum 3 Dear Ms. Weisman and Members of the Board: By your resolution dated June 11, 2010,certain requirements were placed upon the applicant,as well as the undersigned which were time limited..The most significant one was the fact,the Board required that certain documents be filed with the Suffolk County Clerk within shift (30) da, c of the d-nte of the dee—IsIon. Because of my client's personal family problems, I was unable to speak with him until July 6,2010. Consequently, I am requesting that I be afforded additional thirty(30)days to complete the requisite filings as required by the Board's decision. Should any additional information be needed to accomplish this, kindly advise. Otherwise, I shall await your decision in this regard. Very kjrtst f rds, HAA:dr / Harvey A. o cc: Mr. Jay Mandelbaum BOARD MEMBERS ��OF s®�jyo Southold Town Hall Leslie Kanes Weisman, Chairperson ,`O l0 53095 Main Road-'P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert,Jr. Office Location: Nicholas Planamento • �O� Town Annex/First Floor Margaret Steinbugler. Olif'CDU 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtownny.gov December 26, 2025 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Frank A. Isler Tel. (631) 765-1809 Attorney at Law 456 Griffing Avenue Riverhead,NY 11901 Re: ZBA#8067, Shelter Island Sound, Inc. 900 Paradise Point Road, Southold,NY SCTM No. 1000-81-3-25.2 'Dear Mr. Isler; Transmitted for your records is a copy of the Board's December 18, 2025 Findings, Deliberations and Determination,the original of which was filed with the Town'Clerk regarding the above variance application. Please be sure to submit an application along with a copy of the attached determination to the Building.Department. Also, please be reminded that as a condition of approval, the applicant shall place a Declaration of Covenant on the property, subject to Town Attorney approval, that will require the applicant to construct a residence on the property within ten years of approval of the variance or,alternatively,to remove the playhouse. Pursuant to Chapter 280-146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration,grant an extension not to exceed three(3) consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new.variance application-with public hearing before the Board of Appeals If you have any questions, please contact our office. Sincerel , 4E. Fuentes Board Assistant Encl. cc: Building Department o-oosuFfacKCG TOWN OF SOUTHOLD—BUILDING DEPARTMENT Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959 ' y • o ;' Telephone(631) 765-1802 Fax (631) 765-9502 https://www.southoldtow'nnWpv Date Received APPLICATION FOR BUILDING PERMIT For Office Use Only p } PERMIT NO. Building Ins ector: JUL 1 4 2025 Applications and forms`'must be filled.out in their entirety Incomplete Builid 119 If r;r 1a 4rngnt applications,Will not be accepted. Where the Applicant is not the owner,an Owner's Authorization form(Page._2)shall'be completed Date:06.13.2025 OWNER(S)OF-PROPERTY: Name:Shelter Isl.andSound, Inc. SCTM#1000-81-3-25. Project Addres!'dd Paradise Point Road, Southold, NY 11971 Phone#:631-747- 890 1 Email:markemillerbiz@gmail.co Mailing Address:1000 Paradise Point Road, Southold, NY 11971 CONTACT PERSON Name:Frank A. Isler Mailing Address:456 Griffing Avenue, Riverhead, New York 11901 Phone#:631-727- 4100 Email:fisler@sfliy.com 'DE$IGN PROFESSIONAL INFORMATION:. . Name:Stacy.Paetzel - Marshall Paetzel Landscape Architecture Mailing Address:PO Box 478, Mattituck, NY 11952 Phone#:631-209-2410 —FFM;117s-tacy@mplastudio.com CONTRACTOR INFORMATION:, Name:Bill Boergeson Mailing Address:PO Box 963, Southold, NY 11971 Phone#:516-901-7980 Email:baboergconstr@gmaii.com DESCRIPTION OF PROPOSED CONSTRUCTION WNew Structure ❑Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project: ❑Other $75,000 Will the lot be re-graded? ❑Yes ®No Will excess fill be removed from premises? ❑Yes ®No 1 PROPERTY,INFORMATION Existing use of property:Vacant Intended use of property:accessory recreational use Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to R_80 this property? ❑Yes ®No IF YES, PROVIDE A COPY. Check Box After Reading: The owned/contractor/design professional is responsible for all drainage and,storm water issues as provided by chip Is. i23 of the Town Code. APPLICATION IS'HEREBY MADE to,the BuildingrDepartment for the issuance of a Building Perm.it pursuant to the Bwld ng,Zone O,r'dinance of the Town of Southold Suffolk,.County,New'York antl,other appiicable Laws,Ordinances or Regulations,,for the`constr'uction of Buildings; _ additions,.alterations or for removal or demolition as herein described The:applicant'agrees to comply with all applicable"law's;ordinances,building code, Nousing;code and.reg"ulations:and to:admit authorized inspectors onypremises end n building(s)for necessary inspect ons.;False statements made herein are "punishable as a class misdemeanor,pursuant;tosection 210 4 ofthe New York State-;Penal L1.aw, Application Submitted By rint n e :Mark Mill r ❑Auth rized1 Agent BOwner Signature of Applicant: �' Date: 1 l'`�12 STATE OF NEW YORK) COUNTY OFL��) G V �• � 1 l I being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)he is the (Contractor,Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his/her knowledge and belief; and that the work will be performed in the manner set forth in the application file therewith. Sworn before me th's day of , 202 Notary Public FRANK A.ISLER Notar�Public,State of New York PROPERTY OWNER AUTHORIZATION,_ SwoblkCoulft No.465$]45�s mmiWon Expires kp d0 30, (Where the applicant is not the owner) , I, residing at do hereby authorize to apply on my behalf to the Town of Southold Building Department for approval as described herein. Owner's Signature Date Print Owner's Name 2 MILLER RESIDENCE 900.1000 Paradise Pomt Southold.New Yarn o r Q c[ss PDOOLH,OSSE 1 I -)�I)I`6 i marshal paetzel \I I l � I I _:�.NDSCA PE a\RCHIT=C-URE cARA ue I GEE. u W00A Yk3�Or RnrI(BpNTts99s.-: SURVE am �aP ° 10 1153) : o yg.D.P.C. CL 5P O SNd NY11969 SURVEY o TmMOPl .2): NamoarancwnnD P.O.B6 0 Q 11` 1 WURr \\ __, wnLL w.oNG RESIDENCE vnno I 1 FI i Z I L/11 lames ox 1d.Nva1,96) __ _ FEE z4ao 1 Office:I6]11937dD90 1 `l Pnn r O 1 1 FmEEucE 1 I I 1\ I\ \ 1 7 O \ —--------------- Z ❑ / ril ` ./ yl—W II II S j Zo 9p,td,t.1R�24s ', _ / ` / / i Lat Nev:IM.SF 1a2.]dZ 1.11 a � � s ,•. /—— —— _� _ � TAX MAP LOT:243 © �. I I rV — - ` -- — TAX MAP LOT:252 �_ -- -- -- 1 rl— \ /�/ LL SCiMN:t0pD813-25.2 Qy L O _-- l• 1 --/ C\ )\U LI Zohing Di,Mat'.RAO Qu7 J/ �/� \��` `�\ I �•� I I ,_` ) Lot �\Erq v:e9.1210F for 2.001 acres) AP k NOSES ° / `� Q I •I \ `� )I I .__) 1.Base maa inlGrmotion bash W survey ' W �rePGrea ev Wend laGa sureY,ag.D.P.e. ddad Novemeer 14,x020 R hn rdt o I I I = eoa mLWdsaNevor aarea A°gust 25. a ,�I /y V O j 1 II 11 J 1 r zox1. ' z.rM:me,.mga me Pamated \ 1 1 CONSiRUCTO ifs aNy.NOT FOR coNsrlucnoN. l l I I i O.Unoutna,d dteratioAof M3 Pb,isa l i via6 lion of NTS EducaliW taw. C, -- "1 aI I REVISIONS \\\ PLAYHOUSE 0 I 1 1 �\ DAIE DESCRIPTION IPROPOSED sEa uo io sn C, ol ° PLAYSTRUCTURE \\l PROPOSED tt I O ROPE BRIDGE I C, 1 o lit I l l 1 PROPOSED © O PLAY nayo o TRUE: 0 © p o PLAY AREA SITE CLAN 4 D la 0' SCALE ' SPs s SHEET I OF1 DISAPPROVAL Marshall paetzel LANDSCAPE ARCHITECTURE PO Box 478 5175 Route 48 Mattituck,NY 11952 PLAYHOUSE phone: (631)209-2410 \ ` fax: (631)315-5000 O / 1 email: studio@mplastudio.com \ i CEDAR ROOF SHINGLES(TYP.) t' f � _ I r IT 1 1X6 ROUGH SAWN FASCIA(TYP.) 1X8 FASCIA TRIPLE 2X8 ACQ JOISTS T OUTSIDE JOIST WITH 1X8 FASCIA E,.r_,.,- _ r } -- +_...- BOTH SIDES BRASS PORTHOLE WINDOW DUTCH DOOR WITH 1X4 ROUGH (BY OWNER) / SAWN CEDAR OUTSIDE FRAME+ 1X6 ROUGH SAWN CERTICAL 2'X T-6"WINDOW WITH — RECESSED PANEL INSIDE+OUT • ROUGH SAWN CEDAR TRIM \ ROPE BRIDGF "DUTCH DOLOR HARDWARE 1 TO BrE DETERMINED ' I TRIPLE 2X10 P.T.BEAM HAMMOCK BRASS BOAT CLEAT HANDLE (TYP.) I - NET RAILING - ! TO BE CODE 2X8 P.T.RIM JOIST ( COMPLIANT (TYP.) i , a X 6 RED CEDAR - OPEN TO BELOW ` WOOD PLATFORM(TYP.) I I i 1 2X8 P.T.DECK JOIST(TYP.) I 11 ` — \ / TRIPLE 2X10 P.T.GIRDER \ 1 (TYP.) 8"MIN.DIA.LOCUST POST 2X8 ACQ JOIST LADDER/STEPS (TYP.) . LADDER/ SWINGS TRIPLE 2X8 ACQ JOISTS 8"DIA.LOCUST POST CLIMBING STEPS BELOW WITH 1X8 FASCIA WATERPROOFED BELOW GRADE+ NET BOTH SIDES SET IN 24"DIA.X 36"DEEP CONCRETE FOOTING 1 \ ! / 1 (TYP.) --- / g 4 e WATERPROOF POST BELOW GRADE(TYP.) 24"DIA_X 36"DEPTH LADDER/STEPS777 CONCRETE FOOTING(TYP.) 9 ;_. 6"LAYER OF -t 1 2_-.. 4 7-0- co "CRUSHED GRAVEL(TYP.) I PLAYGROUND - STRUCTURAL PLAN - Plan A SOUTH ELEVATION B EAST ELEVATION 7-6"X 11'-0" ±34'-0" PLAYHOUSE � f I - - - - - - - - - - NOTE:" - 1. Unauthorized alteration of this Ian is a CEDAR ROOF SHINGLES(TYP.) P ROPE RAILING �_' violation of NYS Education Law. TO BE CODE COMPLIANT I I ' '} 1X6 ROUGH SAWN FASCIA(TYP.) TRANSOM WINDOW ! ROPE BRIDGE i I 2'X T-6"WINDOW WITH ROUGH SAWN CEDAR TRIM o HAMMOCK _ l LIVE EDGE WOOD PLANK SIDING 7'-0" 10'-3" NET v WOOD ) (TYP.) WOOD SLIDE PLATFORM SLIDE PLATFORM A 1 � i � ' I � I ✓ � � RAILING i SHIPS 11 � I. I I �� ! � I ' I ' I ; I i ; ! WHEEL TO BE CODE - OPEN TO BELOW 3'-0"MIN. COMPLIANT _ j I SPYGLASS "MI 5 REVISIONS _ - -- - n a X 6 RED CEDAR DATE DESCRIPTION ( I io { 2X8 P:T. ( WOOD PLATFORM(TYP.) 01.02.25 UPDATE PLAYHOUSE PLANS ----------- RIM JOIST l�C, AS PER SITE CONDITION. t 2X8 P.T.DECK JOIST(TYP.) 06.16.25 ISSUED FOR PERMIT. TRIPLE 2X10 P.T.GIRDER — - -- (TYP.) L I N 8"MIN.DIA.LOCUST POST ----------- _ RAILING TO BE CODE LADDER/STEPS (TYP.) COMPLIANT - I °0 8'-0. LADDER/STEPS SWINGS ,(TYP.) CLIMBING MIN. WOOD BELOW NET PLATFORM l s e a l �pp1OSCAP WATERPROOF POST QUO ha!/A 9� LADDER/STEPS �N BELOW GRADE(TYP.) Cy rn Cl) 24"DIA.X 36"DEPTH � Ui CONCRETE FOOTING(TYP.) a r ±39'-6" ±11'-0" g' - 6"LAYER OF _ 4"CRUSHED GRAVEL(TYP.) S>1 00185A,� pQ� PLAYGROUND ZD I '� �TFOF NE�� Plan NORTH ELEVATION D WEST ELEVATION TITLE- PROPOSED PLAYHOUSE + *NOTES: PLAYGROUND -SECURE ALL POST TO BEAM CONNECTIONS WITH HURRICANE FASTENERS -SECURE ALL BEAM TO JOIST CONNECTIONS WITH HURRICANE FASTENERS -INSTALL DECK BOARDS WITH CONCEALED FASTENERS CONSTRUCTION PLAN 0 2 4 SCALE 1/4" = 1'-0" CO) DRAWN BY: A'SCHEEL CHECKED BY: S K 1 S.PAETZEL,RLA DATE:2024.05.17 REVISED:2025.01.02; 2025.06.16 SHEET OF 1 DISAPPROVAL marshall paletzel LANDSCAPE ARCHITECTURE PO Box 478 5175 Route 48 Mattituck,NY 11952 PLAYHOUSE phone: (631)209-2410 fax: (631)315-5000 / } email: studio@mplastudio.com \ CEDAR ROOF SHINGLES(TYP.) 1X8 FASCIA TRIPLE 2X8 ACQ JOISTS t 1X6 ROUGH SAWN FASCIA(TYP.) OUTSIDE JOIST WITH 1X8 FASCIA BOTH SIDES BRASS PORTHOLE WINDOW \ \ \ \ \ \ \ \ DUTCH DOOR WITH 1X4 ROUGH (BY OWNER) / } SAWN CEDAR OUTSIDE FRAME+ l RECESSED PANEL INSIDE+OUT ROUGH SAWN CEDAR TRIM ROPE BRIDGE ! *DUTCH'DOOR HARDWARE O I li I TO BE DETERMINED — TRIPLE 2X10 P.T.BEAM HAMMOCK , BRASS BOAT CLEAT HANDLE -- (TYP.) : I I NET RAILING TO BE CODE 2X8 P.T.RIM JOIST ! COMPLIANT (D (TYP.) / } X 6 RED CEDAR R OPEN TO BELOW WOOD PLATFORM(1 YP.) ; 2X8 P.T.DECK JOIST(TYP.) TRIPLE 2X10 P.T.GIRDER \ ---- --------- (TYP.) 8"MIN.DIA.LOCUST POST --_-___ 2X8 ACQ JOIST LADDER/STEPS (TYP.) � LADDER/ SWINGS TRIPLE 2X8 ACQ JOISTS 8"DIA.LOCUST POST CLIMBING STEPS BELOW WITH 1X8 FASCIA WATERPROOFED BELOW GRADE+ NET I j BOTH SIDES SET IN 24"DIA.X 36"DEEP — \ CONCRETE FOOTING } (TYP.) g Q q g WATERPROOF POST B q BELOW GRADE(TYP.) M 24"DIA.X 36"DEPTH LADDER/STEPS CONCRETE FOOTING(TYP.) 6"LAYER OF CRUSHED GRAVEL(TYP.) PLAYGROUND - STRUCTURAL PLAN n Plan A SOUTH ELEVATION B EAST ELEVATION — — — — — — — — — — — — 0 I 7'_6"X11'_0" ±34'-0" PLAYHOUSE NOTE: ROPE RAILING CEDAR ROOF SHINGLES(TYP.) / 1. Unauthorized alteration of this plan is a TO BE CODE COMPLIANT violation of NYS Education Law. _ - 1X6 ROUGH SAWN FASCIA(TYP.) TRANSOM WINDOW ROPE'BRIDGE ! ! 2'X T-6"WINDOW WITH — — — — — — — — — — — j ROUGH SAWN CEDAR TRIM o HAMMOCK _ LIVE EDGE WOOD PLANK SIDING I n _4 _ " NET 70 10'3 TYP. WOOD:SLIDE WOOD SLIDE ( PLATFORM ! PLATFORM I I i ' � ; I II i � RAILING _ SHIPS TO BE CODE OPEN TO BELOW I X-0"MIN. COMPLIANT WHEEL REVISIONS II I SPYGLASS m'P) a X 6 RED CEDAR DATE DESCRIPTION 1 - WOOD PLATFORM(TYP.) j 28 P.T. 01.02.25 UPDATE PLAYHOUSE PLANS ------------- ! RIM JOIST T-0" I I 2X8 P.T.DECK JOIST(TYP.) AS PER SITE CONDITION. MP-) 06.16.25 ISSUED FOR PERMIT. I � I TRIPLE 2X10 P.T.GIRDER l (TYP.) ------::""--� RAILING TO BE CODE LADDER/STEPS ! I . 1 iv 8"MIN.DIA.LOCUST POST COMPLIANT j +1 8'-0" (TYP.) LADDER/STEPS SWINGS (TYP.) CLIMBING MIN. - WOOD I I ! BELOW NET PLATFORM III I ' I I ' s e a 1 �PNOSCA hall WATERPROOF POST ,k—T-0"�k LADDER/STEPS BELOW GRADE(TYP.) ih 24"DIA.X 36"DEPTH CONCRETE FOOTING(TYP.) , ±39'-6" ±11'-0" F 6"LAYER OF a"CRUSHED GRAVEL(TYP.) ^_? i ��'9 001854 � 2' PLAYGROUNDF0F NE`� Plan NORTH ELEVATION D WEST ELEVATION TITLE: PROPOSED PLAYHOUSE + -NOTES: PLAYGROUND -SECURE ALL POST TO BEAM CONNECTIONS WITH HURRICANE FASTENERS -SECURE ALL BEAM TO JOIST CONNECTIONS WITH HURRICANE FASTENERS -INSTALL DECK BOARDS WITH CONCEALED FASTENERS CONSTRUCTION PLAN 0 2 4 H4� SCALE 1/4" = 1'-0" DRAWN BY: A.SCHED S K 1 CHECKED BY: S.PAETZEL,RLA DATE:2024.05.17 REVISED:2025.01.02;2025.06.16 SHEET 1 OF 1