TOWN OF SOUTHOLD

 

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). 

Committee MemebersLinksOffice Staff
Leslie Kanes Weisman, ChairpersonAgendasVicki Toth  
Gerard P. Goehringer, Vice-ChairpersonFeesLucille Cappabianca
George HorningForms and ApplicationsElizabeth Sakarellos
Ken Schneider
James Dinizio

 

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 280 (Zoning) of the Town Code. The ZBA has original jurisdiction to consider uses specifically permitted by reference under Chapter 280 (Zoning) by Special Exception application, such as Accessory Bed and Breakfasts, Accessory Apartments in an accessory structure, 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 seven (EIGHT sets total) or NINE sets for waterfront or freshwater wetland or commercial parcels.

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

h)  Survey 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). Copies of all CO’s or Pre-CO covering all structures on the property.

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 - § 280-149

(New fees effective 2/14/11)

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

A. For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions containing less than 200 square feet in floor area, the fee shall be  $250. 

B. For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions 200 square feet in floor area or more, the fee shall be $500.
C. For applications containing more than one request, each additional variance request shall have a fee of $250 (if under 200 square feet) and $500 (if 200 square feet or more). 
D. For applications for interpretations on appeal from an order, decision or determination of an administrative officer, the fee shall be $300 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 $400. 

F. For applications for rehearings, the fees shall be as follows: 

 

1. A rehearing necessitated by an Amended Notice of Disapproval the fee shall be $250, plus $250 for each additional variance requested (under 200 square feet) and $500 for each additional variance requested (200 square feet or more).

 

2. Amended Decision requiring a hearing shall have a fee that is the same as the original application.

 

3. Reopening the record on an Appeal that has been closed shall have a fee that is the same as the original application.

 

4. A hearing that has been re-calendared because it was adjourned without a date shall have a fee of $250.

G. For applications for public entertainment and special events permits, the fee shall be $50.

H. For applications for a Special Exception Permit for a bed and breakfast, the fee shall be $750.

I. For applications for a Special Exception Permit for an accessory apartment located within an accessory structure, the fee shall be $500.

J. For all other Special Exception Permit applications involving property located in a residential zone, the fee shall be $750.

K. For all Special Exception Permit applications involving property located in a non-residential zone, the fee shall be $1,200.

L. For applications for a waiver of lot merger, the fee shall be $750.
M. For all applications for a use variance, the fee shall be $1,000.
N. For all applications for a variance of the provisions of Article XIX, Signs of this Chapter, the fee shall be $500 for each variance requested.

O. For applications for a Special Exception Permit for public utility structures and uses, the fee shall be $1,000.

 

Forms and Applications

(Please submit EIGHT complete sets or NINE complete sets if it is wetlands with 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.

Instructions for Variance Submission

Questionnaire

Required with all applications.

Adjournments

Short Environmental Assessment Form

Required with all applications.

Project Description

Required with all applications.

Variance Application
Accessory Apartment ApplicationBed and Breakfast Application
Winery and Special Event ApplicationInstructions for Lot Waiver
Lot Waiver ApplicationAffidavit of Mailing
Affidavit of PostingArea Variance Standards
Transactional Disclosure Form
(Required with all applications.)
Use Variance Standards for Non-Permitted Uses
Instructions for Special Exception ApplicationsSurvey Notice
LWRP Consistency Assessment FormAgricultural Data Statement
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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