Appeals Submission Process
Typical submission for processing of area variance applications shall include an original application and seven (eight sets total) or nine sets for waterfront or freshwater wetland or commercial parcels.
- Current Notice of Disapproval: from the Building Department dated within the last 60 days, along with the survey/site plan filed with the Building Department.
- Application Form: with owner’s address, email 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 authorizing another person to sign on behalf of the owner along with the owner’s mailing address and telephone number)
- Covenants and Restrictions: provide copies of C & R’s pertaining to the property, if any exist.
- Owner's Consent: if applicant (representative) is not the owner.
- Copies of all prior ZBA determinations on the property, CO’s or Pre-CO covering all structures on the property, including any open building permits.
- Project Description Form: please explain your project and attach additional pages as an addendum, if desired.
- Questionnaire Form
- Agricultural Data Form: please call the office for actively farmed parcels (Agricultural District Properties) within 500 feet of your project. Required for ALL applications.
- Transactional Disclosure Form(s): signed by the owner and another signed by the agent (if applicable)
- Environmental Assessment Form: required on all applications. 4 pages.
- Survey/Site Plan: Surveyor must show proposed and existing setbacks, patios/driveways, wetland-bank-bluffs and buffers, parcel size with square footage landward of the Coastal Zone Management Areas/Coastal Erosion Hazard Area and top of bluff with lot dimensions, dimensions of new construction, fences, tanks, overhangs, chimney, cesspool locations, etc. Please give distances between new/ proposed construction to property lines, nearest wetland or bulkhead, top of the bank or bluff, and overhangs exceeding 18 inches. No hand drawn surveys or surveys stamped by licensed professionals that have been altered by others will be accepted. (Please refer to Education Law Article 145, Section 7209, 2a.) Site Plan must refer to survey for metes and bounds description. Surveys/Site Plans submitted must show all existing and “as built” structures and proposed improvements as certified by a licensed surveyor, engineer or architect. If your project involves Lot Coverage exceeding 20% of the buildable area on your property, a licensed design professional must calculate square footage of all buildable areas using reduced lot size as per code. In addition, the licensed design professional shall calculate the Gross Floor Area pursuant to Article XXXVI, Section 280-207 of the Town Code.
- Building Plans: Including elevations, Sky Plane diagram (Section 280-208 of the Town Code) and height measured from the average grade. All building plans shall be dated, signed and sealed by a licensed design professional.
- Bed and Breakfast Applications: please include a drawing of the floor plan layout and labeling the use of each room (e.g. owner’s bedroom and bathroom, guest bedrooms and bathroom(s), dining room, living room, den, kitchen etc.) and include which rooms and spaces are solely for the owner’s/family private use and which are for use by guests. Please also provide the approximate square footage for each room for a B&B. On a survey or site plan, please show all code required parking spaces. Two are required for the owner/occupants of the principle dwelling and one additional space is required for each proposed guest bedroom. All parking must be on the subject property.
- Accessory Apartment Applications: please include a drawing of the floor plan layout and labeling the use of each room. Please also provide the approximate square footage for each room; i.e., livable floor area total for an accessory apartment. On a survey or site plan, please show all code required parking spaces. Two are required for the owner/occupants of the principle dwelling and one additional parking space is required for an accessory apartment. All parking must be located on the subject property (not on the right of way).
- Recent 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)
- LWRP Form: required only for applications for water front properties and those properties containing wetlands or located within 100 feet of wetlands.
- Town Property Assessment Card: obtained from the Assessor's Office.
- Recorded Deed of Sale: If a new owner, please provide a copy of the Recorded Deed by the Clerk of Suffolk County showing new ownership. Be sure to file your recorded deed with the Town Assessor.
- Limited Liability Corporation: if the property is owned by an LLC, please include Articles of Organization showing all members’ names.
- Filing Fee: check payable to the Town of Southold. Please see (below) the fee schedule with application forms, or call before submitting your application once a written Notice of Disapproval has been received.
The Zoning Board of Appeals staff is available to assist applicants with selecting and completing the correct application form.
PUBLIC HEARING PROCESS
Once a completed application has been received by staff, with the required number of copies, the application will be scheduled for the next available public hearing date and a legal notice will be placed in the Suffolk Times. Applicants will be supplied with a yellow Notice of Hearing card that must be posted on the property in a publicly visible area. The office will also provide a list of adjacent and nearby properties that must receive written notice of the hearing from the applicant prior to the hearing date. Each Zoning Board member will personally inspect the property before the scheduled hearing. If an interior inspection is required, the office staff will make arrangements with the property owner or their agent. At the hearing the applicant and/or their agent must personally appear before the Board of Appeals to present their application and answer questions from the Board. During the hearing, testimony about the application will be taken from all interested parties present and wishing to be heard. Once a hearing has been closed, the Board of Appeals must render its written decision within 62 days but most decisions are made two weeks after the hearing at the ZBA’s monthly Special Meeting.
TOWN BOARD RESOLUTION 2022-809 – Adopted October 4, 2023
RESOLVED, that the Town Board of the Town of Southold hereby sets the Zoning Board of Appeals fee schedule as follows:
ZONING BOARD OF APPEALS FEE SCHEDULE
Applications to the Board of Appeals for any relief herein shall be accompanied by a fee as hereinafter provided:
1. 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 $500.
2. 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 $750.
3. For applications containing more than one request, each additional variance request shall have a fee of $500.
4. For applications for interpretations on appeal from an order, decision or determination of an administrative officer, the fee shall be $1,000.
5. For applications for variances from Town Law § 280-a (rights-of-way), the fee shall be $800.
6. For applications for re-hearings, the fees shall be as follows:
- A rehearing necessitated by an Amended Notice of Disapproval the fee shall be $500.
- An amended decision requiring a hearing shall have a fee that is the same as the original fee.
- Reopening the record for hearing on an Appeal that has been closed shall have a fee that is the same as the original application.
- A hearing that has been re-calendared because it was adjourned without a date by the Zoning Board of Appeals after a public hearing shall have a fee of $250.
- A hearing that has been re-calendared because it was adjourned without a date by application request after a public hearing, shall have a fee of $500.
- A hearing that has been re-calendared because it was adjourned without a date by applicant after a legal notice has been posted, but prior to a public hearing shall have a fee of $250.
8. For applications for a Special Exception Permit for a Bed and Breakfast, the fee shall be $1500.
9. For applications for a Special Exception Permit for an Accessory Apartment located within an accessory structure, the fee shall be $1,000.
10. For all other Special Exception Permit applications involving property located in a residential zone, the fee shall be $1,500.
11. For all Special Exception Permit applications involving property located in a non-residential zone, the fee shall be $2,400.
12. For applications for a waiver of lot merger, the fee shall be $2,000.
13. For all applications for a use variance, the fee shall be $2,000.
14. For all applications for a variance of the provisions of Article XIX, Signs of this Chapter, the fee shall be $1,000 for each variance requested.
15. For applications for a Special Exception Permit for public utility structures and uses, the fee shall be $2,000.
16. For a Reversal of Notice of Disapproval, the fee shall be $1,000.
Application fees shall be doubled if improvements were completed without permits.
Department of Zoning. Zoning Board of Appeals application fees are nonrefundable.