HomeMy WebLinkAbout8108 BOARD MEMBERS ��oF soUryo Southold Town Hall
01
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 • �OQ Town Annex/First Floor
Margaret Steinbugler COMM 4375 Main Road(at Youngs Avenue)
' Southold,NY 11971
http://southoldtownny.gov RECEIVED
ZONING BOARD OF APPEALS �V ,;?:3 0
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TOWN OF SOUTHOLD ,JU 2 6 2026
Tel. (631)765-1809 }(�,
Southold Town Clerk
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF JUNE 18,2026
ZBA FILE No.: #8108
NAME OF APPLICANT: Scott Kaufman
PROPERTY LOCATION: 2050 Dignan's Road, Cutchogue NY(Adj. to Long Island Sound)
SCTM No.: 1000-83-2-7.3
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 April 9, 2026 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 May 18, 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 CONSISTENT with LWRP
policy standards and therefore is CONSISTENT with the LWRP.
PROPERTY FACTS/DESCRIPTION: The subject,conforming,322,133.61 square feet,7.40 acre(301,796
square feet, 6.93 acre buildable area landward of the bluff), irregularly shaped,waterfront parcel located in
the R80 Zoning District measures 188.55 feet along a 20.00 feet wide right of way (r.o.w.) known as
Dignan's Road, then runs 700.00 feet north along a residentially developed lot to the west and continues
northwest 93.37 feet to the Long Island Sound and continues 206.69 feet east along the waterfront,then runs
southeast 610.83 feet along a residentially developed lot to the east and then runs southwest 356.55 feet
along the same neighbor and then continues southwest at a slight angle 444.10 feet back to the r.o.w. along
two residentially developed lots, used as one home. The parcel is developed with a two-story,wood-frame
dwelling with a covered front porch, a waterside covered deck, stone patios, retaining walls, a gravel
driveway that is not contained fully on the applicant's parcel,a small shed, stone armament at the toe of the
bluff at the Long Island Sound,private beach stairs from the top of the bluff(seaward of the Coastal Erosion
Hazard area)including a deck,wooden steps,various landings and a pergola over the deck located just over
the armament area, substantial fencing, a fenced in garden area, a second and separate `bluestone' gravel
driveway leading from the r.o.w.to the two-story frame barn(subject of this application)and a swimming
Page 2,June 18,2026
#8108 Kaufman
SCTM No. 1000-83-2-7.3
pool, a tennis court with stone patio, and a second shed, along with a fenced garden area, all as shown on
survey prepared by Kenneth M. Woychuk, Licensed Land Surveyor, last revised October 8,2025.
BASIS OF APPLICATION: Request for a Reversal of the Building Inspector's September 24, 2025
Notice of Disapproval based on an application for a permit to amend the construction of the accessory
structure for personal, conditioned use as an art workshop and studio, and antique storage with half bath;
at: 1)the proposed intent, as designed, does not constitute a permitted accessory use; located at: 2050
Dignans Rd., Cutchogue,NY. (Adj.to Long Island Sound). SCTM No. 1000-83-2-7.3.
RELIEF REQUESTED: The applicant requests that the Board of Appeals, pursuant to Chapter 280-
146(A)Powers and Duties,OVERTURN THE NOTICE OF DISAPPROVAL based upon the
Building Inspector's September 24, 2025 Notice of Disapproval which states: The proposed construction
amendment, on this conforming 322,135 square feet(7.395 acres)parcel in the Residential R-80 District,
is not permitted pursuant to the conditions listed within Article XXIII Section 280-13(c), for reason being:
the proposed intent, as designed,does not constitute a permitted accessory use. The project is under
construction, with the benefit of building permit#48634. The disapproval is based on a proposed
amendment to the permit, including a half bath on the second floor of a conditioned accessory storage
building.
ADDITIONAL INFORMATION: The applicant provided architectural plans, including elevations;
sections; foundation and framing plans,from The Workshop of Country Carpenters, Inc. labeled pages 1-8,
sealed and signed by Andrew Terhemba, Licensed Professional Engineer, last revised February 1, 2023,
along with drawings illustrating `as built' interior revisions(part of the amended Town of Southold
Building permit), including: an isometric plan of the structure with an illustration of the roof-mounted
solar panels(covered by a Certificate of Occupancy); elevations with window details and location of
condensing unit for heat/cooling; foundation plan; floor plans; framing plans; isometric framing plan;
section; heating plan; stair details; and sky plane analysis, labeled A100 -A115 sealed and signed by
Nicholas J.Mazzaferro,Licensed Professional Engineer,dated March 16,2025,along with a Suffolk
County Department of Health Services approved sanitary plan for a`0' bedroom sanitary system and well
to service a barn, prepared by Matthew Benjamin Sherman,Licensed Professional Engineer, last revised
November 25, 2024.
The applicant possesses a Southold Town Building Department building permit, #48634 dated October 3,
2022,for the construction of a 1,066 square feet footprint,two-story accessory barn amended February 10,
2025 (subject of this application).
Other improvements on the subject parcel are covered by the following Town of Southold Building
Department Certificates of Occupancy:
#Z-9015 dated May 16, 1978 covering the construction of a one family dwelling.
#Z-26843 dated December 16, 1999 covering an accessory inground swimming pool with fencing.
#Z-34953 dated May 18,2011 covering an accessory tennis court.
#Z-45768 dated November 19, 2024 covering roof mounted solar panels to an existing accessory
barn(subject of this application).
An open building permit, #47672 dated April 12,2022, exists relative to the installation of a residential
generator.
Included with the application is a`Narrative to the Application' prepared by Kristina Martin of Peconic
Bay Land Use Consultants,LLC, on the behalf of the applicant.
Members of the Zoning Board of Appeals performed an interior inspection of the barn on Wednesday,
May 27,2026.
Page 3,June 18,2026
#8108 Kaufman
SCTM No. 1000-83-2-7.3
During the public hearing,the applicant explained that while the barn was under construction,which
included various Town of Southold Building Department inspections, he decided on enhanced
improvements to the structure including various partition walls,the addition of a bathroom on the second
floor, and conditioning for controlled storage of drawings of his yacht designs and antiques, in addition to
a gardening area and sailboat storage.
The Town of Southold Building Department Notice of Disapproval determined that, as designed,the
accessory structure was proposed to be used as a non-permitted conditioned art workshop and studio with
storage of art work and antiques and a second floor half bath,which based on the level of interior finishes
could potentially be used as non-permitted habitable space.
No immediate neighbor or member of the public spoke in favor of or against this application.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on June 4, 2026, at which time
written and oral evidence were presented.Based upon all testimony, documentation, personal inspection of
the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following
facts to be true and relevant and makes the following findings:
1. The Southold Town Building Department inspector correctly applied a Notice of Disapproval
relative to the Amended Building Permit#48634 dated September 25, 2025, based on an
inspection of the subject accessory barn under construction, citing a second bathroom on the
second floor where the Amended Building Permit application showed only one code permitted
half bathroom on the first floor, sink areas and interior finishes common to habitable structures
and not commonly found in accessory storage barns.
2. The applicant applied to the Zoning Board of Appeals to challenge this decision in order to
obtain a Certificate of Occupancy for the structure based upon the issuance of building permit
#48634.
3. The Zoning Board of Appeals performed a thorough site inspection(including all partitioned
interior rooms) on Wednesday, May 27, 2026.
4. The Zoning Board of Appeals held a public hearing on June 4,2026 relative to this
application.
5. Based on the Board's review of the design of the architectural drawings submitted,personal
site and interior inspection of the subject accessory barn,and testimony offered, at the public
hearing,the Board finds that the manner in which the accessory structure is designed is
characterized by a level of finish not commonly found in storage buildings;the existence of
more than one code permitted half bathroom (on both the first and seconds floors with
sufficient adjacent space to include a shower); and the inclusion of a split zoned heating and
air conditioning unit on the second floor, exceeds what is commonly found in similar
accessory structures and what the zoning code permits,as of right, and could potentially be
used as non-permitted habitable space. Consequently,the Town of Southold Building
Department Inspector's Notice of Disapproval was issued based on the information available
and his inspection of the subject structure.
6. The applicant explained the necessity of maintaining conditioned space for the proper storage
of a sailboat, antiques, and valuable drawings on paper of his designs for various yachts. He
further testified that he needed a half bathroom,conveniently located on the second floor
where he would be spending time cataloguing his drawings and antiques,along with a utility
sink in the"gardening room"located on the first floor of the barn.
Page 4,June 18,2026
#8108 Kaufman
SCTM No. 1000-83-2-7.3
7. Testimony was offered by the applicant during the public hearing that they will remove the
first floor half bath located in the room labeled `Workshop Slop Sink', and all other plumbing
not associated with the second floor half bath,to the satisfaction of the Town of Southold
Building Inspector.
8. Testimony was offered to the Zoning Board of Appeal's satisfaction that the permitted use of
an accessory storage barn does not constitute a second dwelling or habitable space in an
accessory storage barn when a half bath is located on the second floor of the structure.
9. The Zoning Board of Appeals acknowledges that the Zoning Code of the Town of Southold
allows an accessory structure to contain no more than one half bath.
10. Testimony was offered to the Zoning Board of Appeals satisfaction that the Notice of
Disapproval citing the use of the accessory building as a non-permitted art workshop and
studio with antiques was incorrect. The Board acknowledges that the applicant did not apply
for such use. However,the Board finds that the Building Inspector reasonably concluded,
based on the design of the architectural plans,the existence of two half bathroom, and an
interior inspection,that the intended use of the subject accessory barn,was not a permitted
use.
RESOLUTION OF THE BOARD: motion was offered by Chairperson Weisman, seconded by Member
Lehnert and duly carried,to
OVERTURN THE NOTICE OF DISAPPROVAL dated September 24, 2025 which states that the
accessory structure use is a personal, conditioned art workshop and studio,which the Board of Appeals has
determined, based upon the conditions imposed herein,will be used solely as conditioned storage barn for
the applicant's collection of drawings and antiques, with one half bath on the second floor incidental to
the residential use.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The applicant shall remove the half bath located on the first floor in the room labeled"Workshop
Slop Sink"to the Town of Southold Building Department's satisfaction and any other plumbing
other than that servicing the first floor`gardening room'and the second-floor half bathroom.
2. The applicant shall amend the floor plan removing the `workshop slop sink'room, shall clearly
label the drawings as NON-HABITABLE accessory storage barn, and provide the Zoning Board
of Appeals with a copy of these amended architectural drawings, along with obtaining and
submitting a final Certificate of Occupancy to this Board.
3. The conditioned accessory barn is to remain a non-habitable structure and is to be used only for
storage incidental to the primary residential use.
4. The applicant shall apply for Town of Southold Board of Trustees'permits for all structures within
the Trustees'jurisdiction.
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.
Before applying for a building permit, the applicant or agent must submit to the Board of Appeals for
approval andfiling,two sets of the rnal architectural drawings, conforming to relief granted herein. The
ZBA will forward one set of approved, stamped drawings 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
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued
Page 5,June 18,2026
#8108 Kaufman
SCTM No. 1000-83-2-7.3
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,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
TIME LIMITS 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)Acampora, Lehnert, and Steinbugler.
(Abse was: Member Planamento) This Resolution was duly adopted(4-0).
eslie Kanes Weisman, Chairperson
Approved for filing t/� /2026