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HomeMy WebLinkAbout#8142-Garcelon ZBA application FORM N0. 3 Received TOWN OF SOUTHOLD BUILDING DEPARTMENT JUN 15 2026 SOUTHOLD,N.Y. Zoning Board of Appeals NOTICE OF DISAPPROVAL DATE: March 17,2026 TO: Travis Garcelon 86 Joshuatown Rd Lyme, CT, 06371 Please take notice that your application dated March 16,2026: For permit to:to construct a new sipyle-family dwelling with rear deck addition at: Location of property: Right of M off The Gloaming, Fishers Island NY County Tax Map No. 1000—Section 10 Block 9 Lot 13 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming 6,490 .ft. parcel in the R-40 residential district,is not vermitted Dursuant to Article XXIII Section 280-124 which states lots measIging less than 20,000 s uare feet in total size require a minimum front and setba k of 35,feet.. The suggy shows a front vard setback of 17 feet. . In addition.the prop2sed additions are not permitted VWsuant to Article NMI Section, 280-208 which states my building of structure on yny lot in R-40 must be within the sk plane. The building plans indicate the structure to be beyond the limits of the sk lane. UW Au rued 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,ZBA k Fee:$ Filed By: Assignment No. JUN 1.15 2026 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE Zoning Board of Appeals House No. Street The Gloaming Extension Hamlet Fishers Island SCTM 1000 Section 10 Block g Lot(s) 13 Lot Size 0.14 +/- ac. Zone R-40 I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 3/17/26 BASED ON SURVEY/SITE PLAN DATED 1/20/26 Appllcant(s)/Owner(s): Travis & Sofia Garcelon Mailing Address: P.O. Box 766, Lyme, CT 06371 Telephone:(207) 329-2522 Fax: Email: trgarcelon@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:P Sam Fitzgerald Architect, PC for( )Owner(X)Other: Agent Address: 15 E. Putnam Avenue, #234, Greenwich, CT 06830 Telephone: (860) 287-3808 Fax: Email: sam@sfapc.net Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 1/20/26 and DENIED AN APPLICATION DATED 3/16/26 FOR: (K)Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other:. Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: XXXIII Section: 280 Subsection: 124 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 ( )Reversal or Other A prior appeal(X)has, ( ) has not been made at any time with respect to this gropedy, PP ( ) ( ) 2026 . UNDER Appeal Nos . 8071 Years . (Please be sure to research before completing this question or call our ojjice,for assistance) Name of Owner: ZBA File# - 2 - REASONS F OR APPEAL (Please be sl)ecific, achlitional sheeis ma�),be used signature notarizec�): (Y2, � �4 A. 2076 ' 5 1.An undesirable change will not be produced in the CHARAC'MR of the neighbor or a de' lent to,nearby properties if granted,because: d of Appeals The subject property is problematic in several ways: 1) it is significantly &&ORAfflor its zone; 2) it is an irregularly-shape lot; 3) it is in a flood zone. No viable house design will fit within the allowable building area. This is a dense neighborhood of small lots, all undersized for the zone. By and large, the surrounding houses have non-conforming setbacks. The front yard setback of the proposed house, while non-conforming, is more aligned with--and favor those of the surrounding area. Achieving zoning compliance would not create a house more in character with the neighborhood. The front yard setback as proposed would create no undesirable change to the character of the neighborhood. The intention with the proposed design is to keep the house within the height and scale of neighboring houses. It is a two-story house, but raised above the Base Flood Elevation (BFE). Even with this elevated height, the proposed house still falls within the scale of the neighborhood. 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: The size and shape of the subject property make zoning compliance especially difficult. No viable house design will fit within the allowable building area. 3.The amount of relief requested is not substantial because: With the proposed house, the lot will be of a coverage and scale that is commiserate with the surrounding properties. 4.The variance will NOT have all adverse effiect or impact on the physical or environmental conditions in the neighborhood or district because: Z The proposed house will be raised above the BFE, with no impact on coastal conditions. There is an existing manmade rock slope along the waterline that is very stable. All roof run-off will be captured and discharged on site. 5. Has the alleged difficulty been self created? Yes,or JA No Why: While undersized for its zone,this is a lawfully created and buildable lot. Are there any Covenants or Restrictions concerning this land? X No Yes(please furnish a copy) that is s xssary and adequate,and at the sonic time preserve and pr 4ccl the charae --pborhood d the health,satiety and welrar ofthe onlniur�ty, o r 0 H Connecticut JAky Commission Expires Nov 30,]2030 1 Sworn it)belbre me(lik- fy of SignatureApplic,n t rilcd Agent 9 (Agrenl must ubmitxtitten Atam'iosi from Owner) Notary Public - 3 - sfa sam fitz9 erald architect ViE d1wn,p'nA-�rtww fl7.",l lr d rn,vtaHaw+tl(i r���S�wfq',�'D guru i' r„f+��.rnrk Received 3 June 2026 JUN 1' 5 2026 Leslie Kanes Weisman Zoning Board of Appeals Chairperson Zoning Board of Appeals 54375 Main Rd P.O. Box 1179 Southold, NY 11971 RE: Travis & Sofia Garcelon The Gloaming Extension Fishers Island, NY 06390 10-9- 13 Dear Ms. Weisman, Earlier this year the Board denied our application #8071 for a new single-family residence on a vacant waterfront lot on Fishers Island. The house is elevated one story due to the floodplain. In that application, we were seeking the following variances: 1. Front Yard Setback Winstead of the required 35' 2. Side Yard Setbacks a. East Side Yard Setback 8.5' instead of the required 10' or 15', b. West Side Yard Setback 8.5' instead of the required 10' or 15' c. Combined Side Yards 17' instead of the required 25' 3. Lot Coverage 22.78% instead of the required 20% 4. Sky Plane Does not conform We have resubmitted a new application of this same basic design, but significantly reduced in size and footprint. With the new application, we are seeking two variances: 1. Front Yard Setback 17' instead of the required 35' 2. Sky Plane Does not conform (but is much closer to conforming) The new design meets lot coverage. All setbacks conform except for the front yard, which is very near impossible to meet. The Sky Plane now is very close to conforming (even with the house elevated one story). A Sky Plane diagram is included with the application material. The new design is smaller than the original. In the previous application, the GFA was right at the maximum allowed-2,100 sq. ft. The GFA is now 1,828 sq. ft., a reduction of 272 sq. ft. Given the floodplain and the otherwise tight constraints on this lot, the new design represents what we feel is a serious and thoughtful response to the Board's concerns. I believe we are at the very minimum relief that would be needed for this property. In addition, the owners have been having fruitful meetings with neighbors abo he �er .(Tjhose . neighbors that voiced opposition at the previous meeting are now largely unop stJ Below is a chart that outlines the zoning data from the previous#8071 application s I&JUations made with the newly submitted application. Please let me know if I can help with anything else, and thank you very much for your review. Zoning Board of Appeals Sincerely, SAM FITZGERALD ARCHITECT, PC Sam Fitzgerald Cell: (860) 287-3808 Email: sam(aD-sfapc.net ZONING TABLE Zone R-40 Actual Lot Size 0.149 acres 6,490 sqft Conforming Lot? No Coastal Wetlands? Yes Freshwater Wetlands? No Meets Skyplane? No In Flood Zone? Yes Previous New Ordinance Application Application (#8071) Front Yard Setback 35' 16' 17' West Side Yard Setback 15' 8.5' 15' East Side Yard Setback 10, 8.5' 10, Rear Yard Setback 35' 37' 37' Stories 2 1/2 2 1/2 2 1/2 Height 35' 30' 30' Maximum Building Coverage 20% 22.76% 19.95% Gross Floor Area 2,100 sq. ft. 2,100 sq. ft. 1,828 sq. ft. APPT�ANT'S PROJECT DESCRIPTION Samuel W. Fitzgerald, agent, for APPLICANT• Travis & Sofia Garcelon DATE PREPARED:EPARED• 4/18/26 1.For Demolition of Existing Building Areas Recoive Please describe areas being removed: None -- currently a vacant lot .SUN V 5 2026 II.New Construction Areas(New Dwelling or New Additions/Extensions): Zoning Board of Appeals Dimensions of first floor extension: Proposed newly-constructed house - first floor: 15'-0" x 9'-0" Dimensions of new second floor: 37-0" x 25'-0" Dimensions of floor above second level: n a Height(from finished ground to top of ridge): 30' Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: No basement 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: This is a vacant lot-- no existing structures except for a dock. Along the water line there is a manmade stone slope. Number of Floors and Changes WITH Alterations: Newly-constructed two-story frame residence totaling 1,828 sq. ft., elevated above the Base Flood Elevation. There is a 135 sq. ft. entry on the grouna level, with the rest of the house entirely on the first & second floors above. A 370 sq. cleck runs along the water side of the house. IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: none -- proposed building area isl,295 sq. ft. Proposed increase of building coverage: Square footage of your lot: 6,490 +/- sq. ft. Percentage of coverage of your lot by building area: 19.95% V.Purpose of New Construction: Single-Family Residence 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): The lot is completely flat currently vacant with no structures save for a dock and is mostly lawn with no other vegetation. The lot fronts on West Harbor. Along the water line there is a very stable manmade stone slope. There are no natural difficulties in meeting code requirements. 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. - 4 - 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION 1 A. Is the subject premises listed on the real estate market for sale? Yes X No Received i B. Are there any proposals to change or alter land contours? JU N 1,5 2026 X No Yes please explain on attached sheet. Zoning Board of Appeals C. 1.)Are there areas that contain sand or wetland grosses? No 2.)Are those areas shown on the survey submittedthis application? 3.) Is the property bulk headed between the wetlands area and the upland building area r line. w 4.) it your property contains weuancs or pono areas,nave you contactea ute c rtrrce or the Town trustees for its determination of jurisdiction? Ywes Please confirm status of your inquiry or application with the Trustees:A lieation endln and if issued,please attach copies of permit with conditions and approved survey. i D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?_ No Please show area of the structures on a diagram if any exist or state none on the above line. i F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Depart vent to either obtain them or to obtain an Amended Notice of Disapproval. 1 H. Do you or any co-owner also own other land adjoining or close to this parcel? No I' If yes,please label the proximity of your lands on your survey. i. r 1. Please list present use or operations conducted at this parcel Single family residential and the proposed use Salve . (ex:existing single family,proposed:same with go ge,pool or other) Authori signature and at J i I - 5 - C BOARD MEMBERS Zf so y� Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road•P.O.Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert,Jr. Office Location: Nicholas Planamento Town Annex,/First Floor Margaret Steinbugler "On ileCel\.o 5 Main Road(at Youngs Avenue) �+ Southold,NY 11971 JU N "' 5 h 7; p, w http://southoldtonny.gov "U ZONING BOARD OF A rd ` APPeIYX& » eI-1110 a.(v r TOWN OF SOUTHOLD F "02026 Tel. (631)765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 5,2026 ZBA FILE: #8071 NAME OF APPLICANT: Travis and Sofia Garcelon PROPERTY LOCATION: The Gloaming Extension(Adj.to West Harbor),Fishers Island,NY SCTM: 1000-10-9-13 EQR DET MNATIQN: 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. SUFFOLI 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 November 25,2025 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. 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 January 7, 2026. 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 INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. Policy 4.1 (A.)3. Move existing development and structures as far away from flooding and erosion hazard areas as practical. Maintaining existing development and structures in hazard areas may be warranted for sites where relocation of an existing structure is not practical. Policy 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. a. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. While the proposed structure is to be built on concrete piers to reduce the impact of flooding, it is within the flood zone. �,A '24ece, ived Page 2,February 5,2026 #8071,Garcelon SCTM No. 1000-10-9-13 JUN 1'5 2026 Policy 6. Protect and restore the quality and function of the Town of Southold's ecoskostning Board of Appeals 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. And, Town Code Policy§275-3 "Findings;purpose;jurisdiction;setbacks". d. Setbacks. 1. The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: a. Wetland boundary, 100 feet. PROPERTY FACTS/DESCRIPTION: The subject, square feet, 6,490 sq. ft.(.14 acre),(Site Plan by CHA, dated 9/15/2025 indicates the size of lot as 6,580 sq.ft.) irregular-shaped waterfront parcel located in the R40 Zoning District measures 58.00 feet along an unimproved dirt right of way known as The Gloaming Extension then runs 82.34 feet along a residentially developed lot to the east, stopping short of a stone and`rip rap' revetment running along the inner bay of West Harbor then continuing west along the same revetment 15.47 feet and 65.05 feet,then turning south 6.20 feet then running 101.90 feet along a residentially developed lot to the west, back the unimproved roadway. The parcel is undeveloped however there is an existing fixed dock with"L-shaped"ramp and floating dock along with the proposed two story,three(3)bedroom elevated residence and associated private sanitary system all as shown on the Site Plan prepared by Pete M. Parent, P.E., and dated September 15,2025. A51S OF-APPLICATION: Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section 280-208;and the Building Inspector's September 17,2025 Notice of Disapproval based on an application for a permit to construct a new single family dwelling with a rear deck addition;at: 1)less than the code required minimum front yard setback of 35 feet; 2) less than the code required minimum side yard setback of 10 feet; 3) less than the code required minimum combined side yard setback of 25 feet; 4)more than the code permitted maximum lot coverage of 20%; 5)the construction exceeds the permitted sky plane as defined in Article 1,Section 280-4 of the Town Code; located at: The Gloaming Extension(adj.to West Harbor), Fishers Island,NY. SCTM No. 1000-10-9-13. RELIEF REQUESTED: The applicant requests five(5)variances,in order to construct a new,single-family dwelling on a vacant, waterfront parcel of land, including: 1. A front yard setback of 16 feet where the Code requires a minimum front yard setback of 35 feet. 2. A side yard setback of8.5 feet where the Code requires a minimum side yard setback of 10 feet.. 3. A combined side yard setback of t7 feet where the Code requires a minimum combined side yard setback of 25 feet. 4. Lot coverage of 24.4%where the Code limits lot coverage to 20%. 5. Penetration of the Sky Plane. AMENDED APPLICATION: During the hearing,the applicant was asked to bring the plan into more conformity with the code. The applicant on January 20, 2026 submitted a revised site plan reducing the proposed lot coverage from 24.4%to 22.76%,where a maximum of 20% is permitted by code, by reducing the depth of the attached rear deck. Applicant did not offer any other plans to reduce the number of variances requested or to modify the design plans to make the proposed residence more Code-conforming with either increased setbacks or complying to the sky plane code despite discussions about achieving more compliance. ADDITIQNAL 1 ORMATIQN: The applicant provided architectural drawings consisting of a Title Page with site images before/after construction., a site plan, elevations, floor plans and a neighborhood plan labeled 1 through 5 prepared by Sam Fitzgerald,Registered Architect,and last revised October 7,2025,along with a Site Plan prepared by Pete M. Parent, P.E., and dated September '15,2025. As a result of Board questions during the public hearing, the,applicant submitted a revised Site Plan on January 20 2026 illustrating a reduced lot coverage of 22.76%where �. Page 3, February 5,2026 Received IN2-1- #8071,Garcelon SCTM No. 1000-10-9-13 JUN the Code permits a maximum of 20%. No other revisions reducing or removing BNd re Concurrently,the applicant provided sky plane illustrations, a parking plan,and copies of so c photos discussed during the hearing. Town of Southold Chief Building Inspector provided a statement dated November 13,2025, indicating that the site matches photographs provided by the applicant in lieu of Zoning Board of Appeals member individual inspection. The applicant provided copy of the Town of Southold Board of Trustees public hearing transcript, dated November 12, 2025, relative to this application, whereby the Board of Trustees tabled their hearing pending,Zoning Board of Appeals review. The subject parcel is bisected by the Coastal Erosion Hazard line and the proposed residence is to be sited in FEMA Flood Zone VE13, thereby requiring the home to be raised to a first-floor base elevation of 15 feet above sea level in order to comply with State building codes(proposed first-floor elevation is 15.5 feet). The proposed residence is to be constructed on cement piers,and as stated by the applicant,an attached rear deck is necessary for outdoor living space versus stairs to an at-grade patio,which would not be convenient for the occupant. The applicant stated that without a rear deck, the proposed lot c-overage would be under the permitted 20% lot coverage. Furthermore, the applicant stated that a conforming house (meeting all setback, lot coverage and sky plane limitations) can be constructed on the site. Applicant testimony highlighted the vacant lots' history, inferring that a home stood on the site prior to the 1938 hurricane and that, until recently, the site was developed with a small lobster shack (removed), previously utilized for a lobstering business by an island resident. The site is currently improved with a fixed dock with an "L shaped' ramp and float, along with a rip rap stone revetment that follows the lets waterfrontage on'V4''est;Harbor. The applicant was notable to provide a Certificate of Occupancy or a Pre-Certificate of Occupancy or Certificate of Compliance on the installation of the dock or stone revetment. Town Code limits the size of any residential construction on this lot to a maximum Gross Floor Area(GFA)of 2,100 square feet of habitable space. The composition of the development of the neighborhood predates Zoning; consists of a variety of classifications, including R40, R80,and B; the subject parcel is among the smallest in the immediate area. The transcript of the Town of Southold Board of Trustees, as submitted by the applicant, indicates that this discretionary .Board has an interest in seeing the proposed residence reduced in size, with greater setbacks, and enhanced buffers along the waterfrontage,along with the installation of extensive drywells. The applicant failed to provide the Zoning Board of Appeals with examples of prior relief,granted, similar to that requested, for a residence in the immediate neighborhood, elsewhere on Fishers Island or within the Town of Southold at large. Public commentary was received by the Zoning Board of Appeals,voicing opposition over this project from residents of Fishers Island, concerns over public and fire safety,, along with testimony that the site was not previously developed,residentially'. Letters of opposition were also received by the Zoning Board of Appeals. No member of the public spoke in favor of this application. Flll~lI 1Cb1GS CIF FACT1 RlEnakSONS FOR BOARD ACTF�I'�l: The Zoning,Board of.Appeals held a public hearing on this application on January 8,2026 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property Page 4,February 5,2026#8071,Garcelon Received SCTM No. 1000-10-9-13 and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to bqjw ins 2026 relevant and makes the following findings: Zonin Board of Agpeals 1. Town Law 267-b 'b 1< , Grant of the five requested variances will produce an undesirable change in t e character of the neighborhood or a detriment to nearby properties. The Gloaming Extension and immediate neighborhood is a mixed-use waterfront community within the hamlet of Fishers Island,consisting of residences and commercially used properties. Access to the subject parcel is via an unimproved, 'dirt', right of way, owned by a residence two doors east of the proposed residence, terminating in a dead-end,just before the subject parcel. The Gloaming,Extension serves several homes,and concern was presented relative to access of the site by first responders, especially fire suppression services,in the event of an emergency. Area homes were a[I developed well before zoning and do not meet today's Zoning Code. Furthermore,,a two-story home raised 15.5 feet above grade to meet FEMA requirements of the flood zone, for new construction and built on pilings with a front yard,setback of 16 feet, is not. characteristic of this community. While FEMA compliance is necessary in order to construct a residence, it then should not exceed the skyplane or further alter the character of this maritime community. 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 the request of multiple area variances. The applicant has stated that a conforming residence,meeting all setback:, lot coverage,and compliance with the sky plane,can be achieved,but for the desires of the applicant. 3. Town Law 267-b 3' 'b 3 The variances requested herein are mathematically substantial,representing 54.2% relief relative to a reduced front yard setback of 16 feet,where the code requires a minimum of35 feet; 15%relative to a reduced side yard setback of 8.5 feet where the code requires a minimum of 10 feet, 32°fin relative to a reduced combined side yard setback of 17 feet where the code requires a minimum of 25 feet; 13.8% relief from the code relative to the excessive lot coverage,as amended,to 22.76%where the code limits lot coverage to 20%;and, 100% relief from the code relative to penetration of the sky plane. 4. Town Law 267b 3 4 Evidence has been submitted to suggest that variances in this community will have an adverse impact on the physical or environmental conditions in the neighborhood. The recommendation by the LWRP Coordinator determined the proposed construction to be INCONSISTENT,and therefor concluded that the development of this property will adversely affect the wetlands of Fishers Island and the Town of Southold. 5. Town Law 267-b 3 b . The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect, and it is presumed that the .applicant had actual or constructive knowledge of the Iimitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6.Towns 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 a new residence built on a vacant parcel of land 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 Planamento,seconded by Member Steinbugler, and duly carried,to DENY as AMENDED for. Vote of the Board: Ayes: Members Weisman(Chairperson),Planamento,Acampora,Lehnert,and Steinbugler.(5-0) e lie 4KansWeisman, Chairperson Approved for filing.A / /2026 6I Z20 Appendix B Short Environmental Assessment Form Received Instructions for Completing JUN 1'5 2026 Part 1-Project Information. The applicant or project sponsor is responsible for the complqtMfflA Mh SAPPests 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 Name of Action or Project: Garcelon Residence Project Location(describe,and attach a location map): SCTM# 1000 Section 10, Block 9, Lot 13 The Gloaming Extension, Fishers Island, NY 06390 Brief Description of Proposed Action: Proposed newly-constructed two-story single family residence totaling 1,828sq.ft. Name of Applicant or Sponsor: Telephone: 860-287-3808 Samuel W. Fitzgerald, agent E-Mail: sam@sfapc.net Address: 15 E. Putnam Avenue, #234 City/PO: State: Zip Code: Greenwich CT 06830 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, INOYES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or nding from any other governmental Agency? funding YES If Yes,list agency(s)name and permit or approval: ZBA, DEC, Trustees, Suffolk County Health Dept, Southold Bldg. Dept. X 3.a.Total acreage of the site of the proposed action? + - acres b.Total acreage to be physically disturbed? 0.05 +/- acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.14 +/- acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial X Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Pagel of 4 - 16 - 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning-.gulations? X b.Consistent with the adopted comprehensive plan. 6. Is the proposed action consistent with the predominant character of the existing NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical E, en ,Area? NO YES If Yes,identify: Fishers Island 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? rY_E 9.Does the proposed action meet or exceed the state energy code requirements? NO 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: 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? X 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: ❑ Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban M 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 YE 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, X a.Will storm water discharges flow to adjacent properties? M NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO 09 YES �wrl vu s w� we new we s Page 2 of 4 - 17 - 18.Does the proposed action include construction or other activities that result in the impouraCl'b NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: .�Eo/ X .1 ski jull 19.Has ewaste iteofthe proposed otion or an adjoining property been the location of an active or closed d of AP YES solid managementfacility? Zoning Boar If Yes,describe: X r i F 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: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor a c: "' �' Date: 41 11 2k 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?" i No,or Moderate small to large impact impact may may occur occur f 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? i 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? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable ene!ff o 2rtunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? r 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 - 18 - No,or Moderate small to large impact impact may may Received occur occur 10. Will the proposed action result in an increase in the potential for erosion,flood"nrriryz problems? 11. Will the proposed action create a hazard to environmental resources or human hea th`?r A4als 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 - 19 - of o Received Board +of,Zonin A a eats A lication JUN 1'5 2026 Zoning Board of Appeals AUTHORIZATION (Where the Applicant is not Qie Owner) I, Travis Garcelon residing at PO Box 766 (Print property owner's name) (Mailing Address) Old Lyme, CT 06371 do hereby authorize Samuel W. Fitzgerald (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. jwnepr'sSignature) (2 Z, (Print Owner's Name) -20- APPLICANT/OWNER Received TRANSACTIONAL DISCLOSURE FORM T in crest on the i he Town of Soulltc ,'Is Code of Flitic1l,I s Conn' --------- 14 slo " town !M)Iovcll of this form is of interest anti allowit to latkew""te'C", actionisngiess rytoavoidsarn - Zoning Board of Appeals YOUR NANIE: Travis Garcelon (Last name,first Dame,middle initial,arnless you are applying In the name of someone else or other entity,such as a company.If so,indicate the olhcr person'sor 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 Plot Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,�or business interest."Business interest".means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person .......... Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this [V— d y ofjfP1(' 20 2(0 Signature Print Name rz,* e APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Sottthold's!Ladc of I thtcs lrohibits conflicts of interest on the art of town officers anti cm to ccs.°fhc of thin form is to rot°idc information Which cats alert the to wn of ossiltle conflicts of interest and altttw it to t ,10 action is necessary to avoid santc. YOUR NAME: Sofia Gamlofl 1' S 2�26 (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate(lie other person's or company's name.) Zoning Board of Appeals TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit �Variance Trustee Permit Change of Zone Coastal Erosion Approval of Pint Mooring Other(activity) Planning Do you personally(or through,your company,spouse,sibling,parent,or child)have a relationship^t^t°ith any officer or employee of the Town of Son(hold"'"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"tore than 5%of tite 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) 13)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this /" day of 20 1� Signature Print Name -7- A!qENT/REFRESENLATIV_E TRANSACTIONAL DISCLOSURE FORM The Town of SytitholLIs C 0 de of Ethics_prohibits conflicts of interest n the )art of town offi_ccrs and of this for 11 jo provide inforinati _ .on which.can alert the tgLyli of risible con of interest and allow it action is nefessan to aygid same. YOUR NAME.. Samuel W. Fitzgerald JUN (Last name,first name,middle Initial,unless you are applying In the name of someone else or other entity,such as a company.irso,indicate the other person's or company's name.) Board of Appeals Zoning 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 an that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this da Signature Print Name To*n of Southold 1 LWRP CONSISTENCY ASSESSMENT FORM Received A. INSTRUCTIONS JUN 15 2026 1, All applicants for permits* including Town of Southold agencies, shill'' t�iis l';l ,6� 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# 10 .. 9 - 13 The Application has been submitted to(check appropriate response): Town Board [21 Planning Dept. D Building Dept. 121 Board of Trustees © ZBA 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: Pq Nature and extent of action: Proposed newly-constructed two-story single family residence and deck. - 11 - Location of action: The Gloaming Extension, Fishers Island, NY 063901� � Site acreage: 0.14 +/- acres JUN1 ZOZ6 Present land use: Single family residential Zgning Board of Appeals Present zoning classification: R-40 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: Samuel W. Fitzgerald, agent (b) Mailing address: 15 E. Putnam Avenue, #234, Greenwich, CT 06830 (c) Telephone number: Area Code( ) 860-287-3808 (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes El No K 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. See LWRP Section 268-3(F)-minor LWRP actions are exempt Yes No Not Applicable The proposed house is modest in size and scale compared with the neighboring houses. 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 p—� See LWRP Section 268-3(F)-minor LWRP actions are exempt Yes l—'J No N Not Applicable - 12 - 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 QQ QYes [] No © Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt The proposed house is of a very similar height and scale as all of the surroundintmffimiuvill not detract from any views of West Harbor. Wiling of APPea 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 E r No © Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt Existing on the property now is a very stable manmade stone slope along the water line. The proposed house will be raised above the Base Flood Elevation. 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 0 No ©Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt 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. QYes D No© Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt - 13 - Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Se Ill — Policies Pages 32 through 34 for evaluation criteria. 7.c,6 g 50ard 1 PPpela 0 Yes 0 No© Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous sub�stances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. Id 1�1 Yes 1:1 No Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt 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. 0 Ye-1 No© Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt 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 - 14 - 01 Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. 0 Yes 0 No © Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt 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. 0 Yes ❑ No© Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt 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. QYes No © Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt Created on 5125105 11:20 AM - 15 - c TOWN OF SOUTHOLD PROPERTY RECORD CARD JWNIRj STREET VILLAGE - DIST. SUB. LOT �s a . a a�1 OTER OWNER N = r A r Ck k-rk"VA S S W TYPE OF BUILDING RES. SEAS, VL. !� FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS — _ t 1 2 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland LO -� ' Swampland FRONTAGE ON WATER 0 ' r�.o zCD „�. Brushland FRONTAGE ON ROAD cr House Plot DEPTH T C Co ',BULKHEAD Total !DOCK COLOR I ' g TRIM I 3 ` Foundation Bath Dinette oun M. Bldg. _ F _ Extension I Basement Floors K. Extension Ext. Walls Interior Finish LR. Extension }Fire Place ' Heat DR. T yPe Roof T Rooms 1st Floor € BR. - ;Recreation Room Rooms 2nd Floor Porch FIN. B. co t� Porch iDormer G _ Breezeway Driveway o Garage _ ^' I Patio O. B, Total