ZONING BOARD OF APPEALS

 

Town Hall Annex Building

54375 Route 25

P.O. Box 1179

 Southold NY 11971

 

(631) 765-1809               Fax:  (631) 765-9064

Hours:  Between 8 and 4, Monday to Friday (except holidays). 

Membership Office Staff
Ruth D. Oliva (2002)  Linda F. Kowalski (1978)      
Gerard P. Goehringer (1980), Chairperson     Jayne Martin (2004)             
James Dinizio (2004) Lucille Cappabianca (2006)
Michael A. Simon (2005)  
Leslie Kanes Weisman (2006)  
 
Agendas
Fees
Forms and Applications

The Zoning Board of Appeals is a five-member board, a quasi-judicial body authorized under New York Town Law to hear Appeals of applications that have been reviewed and issued a denial by the Building Inspector under Chapter 100 (Zoning) of the Town Code.  The ZBA has original jurisdiction to consider uses specifically permitted by reference under Chapter 100 (Zoning) by Special Exception application, such as Accessory Bed and Breakfasts, Accessory Apartments in an owner’s residence, certain commercial uses, motels, inns, and other specifically referenced uses when all requirements referred to in the Town Code and New York Town Law have been met. 

          Typical submission for processing shall include an original and six copies (seven complete, collated sets of all documentation with maps) of the following, after a Notice of Disapproval is received in writing by the Building Inspector’s Office:

a)    Application form with owner’s address and telephone number, signed by the owner before a notary public.  (If the applicant is not an owner, a written consent is required from the owner, with the owner’s mailing address and telephone number, authorizing another person to sign in behalf of the owner.)

b)    Filing fee check payable to the Town of Southold.  Please see Code fee schedule with application forms, or call before submitting your application (once a written Notice of Disapproval has been received).  

c)    Project Description Form:  please explain your project and attach additional pages as an addendum, if desired. 

d)  Questionnaires:  SEQRA form, and building permit activity or wetland inquiry form.   

e)    Diagram showing the proposed construction area on a site map (or copy of the survey data labeling the new areas on a separate diagram); include driveway and sanitary locations, parking area, other buildings on the property if not shown on the available survey.

f)  For B&Bs and Apartments, please include diagram of floor plan layout, identifying bedrooms for owner or guests, and describe other rooms, please furnish size of livable floor areas for each area. 

g)    Available site map prepared by a licensed surveyor which shows all existing buildings, driveway, all distances from building area to closest lot lines.  An original surveyor map is required to full scale (not reduced in size). 

h)  Site diagram, to scale, showing the proposed area of construction or alterations to existing building.  If application is for an "as built" area, please label the "as built" area with dimensions and setbacks as exist and provide details with time periods construction took place.  

i)  Photos of the "staked" area proposed for construction, and yard areas under consideration are helpful, especially for areas between the new construction and boundary lines (such as boundary of road, or edge of wetlands, high-water mark.   

j)  Statement as to the status of other agency applications, or copies of other agency permits and agency stamped maps. 

k)  Copies of Building Inspector’s Notice of Disapproval, building permit application form (or building permit if obtained).

l)  Copy of Property Assessment Card (or copy of current deed with photograph of current buildings on the property). 

m)  Elevation diagram confirming height to top of roof ridge of new and existing construction, measured from natural finished ground, with diagram of new foundation area below finished ground elevation.

 

Fees

Applications to the Board of Appeals for any relief herein shall be accompanied by a fee as hereinafter provided:

A. For applications involving fences, accessory structures or accessory buildings, alterations or additions containing less than two hundred (200) square feet in floor area, the fee shall be one hundred fifty dollars ($150.).

B. For all other applications, including those involving commercial property, containing a single request [for example, an application requesting one (1) variance or an application requesting a special exception], the fee shall be four hundred dollars ($400.), except that the fee for a special exception for a bed-and-breakfast shall be two hundred fifty dollars ($250.). [Amended 2-7-1995 by L.L. No. 3-1995]
C. For applications containing more than one (1) request, such as an application requesting an area variance and a width variance, the fee shall be six hundred dollars ($600.).
D. For applications for interpretations on appeal from an order, decision or determination of an administrative officer, the fee shall be two hundred dollars ($200.) for each section of the Town Code for which an interpretation is requested.
E. For applications for variances from Town Law § 280-a (rights-of-way), the fee shall be two hundred fifty dollars ($250.).
F. For applications for rehearings, the fee shall be the same as the fee charged for the original application.
G. For applications for public entertainment and special events permits, the fee shall be fifty dollars ($50.). [Added 11-29-1994 by L.L. No. 26-1994]

 

Forms and Applications

(Please submit seven (7) complete sets of your submission, with a cover letter.)

Forms and Applications are in a PDF File format.

ATTENTION APPLICANTS

ALL APPLICATIONS MUST INCLUDE A SURVEY DESCRIBING AND LABELING THE PROPOSED NEW CONSTRUCTION AREAS AND A NOTICE OF DISAPPROVAL REFLECTING THE SAME SURVEY INFORMATION.

APPLICATIONS WILL NOT BE ACCEPTED WITHOUT THIS INFORMATION AND ANY OTHER REQUIRED INFORMATION THAT IS LISTED ON THE INSTRUCTION SHEET.

Questionnaire

Required with all applications.

Short Environmental Assessment Form

Required with all applications.

Project Description

Required with all applications.

Instructions for Variance Applications
Variance Application
Accessory Apartment Application
Bed and Breakfast Application
Winery Event Application
Instructions for Lot Waiver
Lot Waiver Application
Affidavit Forms
Area Variance Standards
Transactional Disclosure Form
Use Variance Standards
Use Variance Standards for Non-Permitted Uses
Special Exception Standards
Instructions for Special Exemption Applications
Survey Notice
LWRP Consistency Assessment Form
Applications take an average of about 6 to 8 weeks from the date of complete filing to the time the Board renders its decision, although time periods may be extended.  If you would like to receive a set of forms by mail, please contact us either by telephone at (631) 765-1809, or by e-mail.  

Notice of Requirements

[HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.]

§ 58-1. Providing notice of public hearings.
Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice:
A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law.
B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, 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 ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision.
C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7) days prior to the date of the initial public hearing on the application and addressed to the owners at the addresses listed for them on the local assessment roll. The applicant or agent shall file an affidavit that s/he has complied with this provision.


Southold Town Code

 

 

 

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