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5 8 t OD H;yr-�ms 1 e , S6�l�l ; s. 7a l y D f-mol tCh d w-e t l a 31 a cavi s e� 11 Pw sl 2 Axmj I Gl�1�t�i - tA, s !f► S a x90-13 6w�d `-b d7is 60 CHECK BOXES AS COMPLETED IOYJ ( Tape this form to outside of file >' ( ) Pull ZBA copy of ND D n D O ( ) Check file boxes for p � °n. � c� -� ( ) Assign next number a N Cs outside of file folder ( ) Date stamp entire oris file number m v � o - y a m 3xoc00 o oi'l ( ) Hole punch entire ori! "' W v > 0 0 (before sending to T.0 3 �;, a ox co o ( ) Create new index car( 3 Z � � 3 :3 rn � � v ( ) Print contact info &tz ; C 0 ,— ( ) Prepare transmittal tc rn CO ( ) Send original applicat m v to Town Clerk o n ( ) Note inside file folder vi and tape to inside of h ( ) Copy County Tax Mar neighbors and AG lot ( ) Make 7 copies and--pc ( ) Do mailing label E - N + ' . P I wrus-�e�e.s / BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��®f ® �® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: - 9, Eric Dantes : CA ..�=,,;ti; `' ' ; Town Annex/First Floor; Robert Lehnert,Jr. '' �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��co Southold,NY 11971 9 http://southoldtownny.gov FRE C E'V E ZONING BOARD OF APPEALS & ;ka(� 310,1 _�M TOWN OF SOUTHOLD F E B 2 6 2019 Tel.(631)765-1809•Fax(631)765-9064 �• Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 21, 2019 ZBA FILE 7214 NAME OF APPLICANT: 8100 Hortons Lane, LLC PROPERTY LOCATION: 8100 Hortons Lane, Southold,NY SCTM No. 1000-54-4-31 SEQRA 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 August 8, 2019 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 October 25, 2018. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as well as the records available, it is the recommendation of the coordinator that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. Furthermore, when the action is assessed with the surrounding community character, the addition of a third story in this instance does not fully foster a pattern of development that enhances community character, as indicated in Policy 1 criteria of Chapter 268. Furthermore, the proposed action does not meet Policy 4 which supports relocating and or decreasing the size of non-water dependent structures in vulnerable areas. The purpose of the regulations within Coastal Erosion Hazard Area and FEMA flood zones is to avoid and minimize structural loss. The proposed third story structure is located in an area subject to repeated storm surge and expected structural damage and loss over time. In order to mitigate inconsistencies with LWRP policy standards, the applicant has proposed elevating the structure to FEMA compliance heights creating a first finished floor at 14 feet. No other uses but a basement/garage/storage will be built at ground level. With the applicant's proposed additional improvements, including the installation of an IA sanitary system, and the conditions imposed herein, the Board finds the action CONSISTENT with LWRP policy standards and therefore CONSISTENT with the LWRP. TOWN OF SOUTHOLD BOARD OF TRUSTEES: As a response to a memorandum sent to the Trustees on August 20, 2018, asking them to review a wetlands application for the subject action, the Trustees issued a Wetlands Permit on November 14, 2018 allowing the applicant to demolish the existing one-story dwelling with Page 2, February 21, 2019 #7214, 8100 Hortons LLC SCTM No. 1000-54-4-31 garage and accessory structures and construct an elevated three story 2,205 sq. ft. dwelling. The Trustees have also required that the applicant install an Advanced Wastewater Treatment System. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 31,063 sq. ft. parcel with 12,660 sq. ft. landward of the Coastal Erosion Hazard Line(CEHL). The parcel measures 200.88 feet fronting Horton Lane along the southwesterly property line, measures 348.14 feet along the southerly property line, measures 54.82 fronting the Long Island Sound along the northeasterly property line and measures 416.95 feet along the northerly property line. The parcel is improved with a one-story house and garage with an enclosed porch and outside shower. A framed shed is located seaward of the CEHL as shown on survey prepared by Nathan Taft Corwin III, L.S., last revised January 2, 2018. BASIS OF APPLICATION: Request for a Variance from Article III, Section 280-13 and the Building Inspector's July 5, 2018 Notice of Disapproval based on an application for a building permit to demolish an existing single family dwelling and construct a new single family dwelling, at; 1) more than the code permitted maximum two and one-half(2-1/2) stories; located at: 8100 Hortons Lane, (Adj. to Long Island Sound), Southold, NY. SCTM No. 1000 54-4-31. RELIEF REQUESTED: The applicant requests a variance to construct a single-family dwelling with a non- permitted third story with the ground level to be used as a non-habitable garage and storage area. All proposed improvements will be built landward of the Coastal Erosion Hazard Area. ADDITIONAL INFORMATION: The Board received a letter by a Professional Engineer representing the applicant dated February 4, 2019 explaining FEMA, and base flood elevations relative to this application. The applicant has received a Board of Trustees Wetland Pen-nit because the proposed new dwelling will be located out of the CEHA and into an AE Zone on the subject property. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 7, 2019 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. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed dwelling is similar in size and height to many other new and renovated waterfront dwellings along North Sea Road that are elevated to FEMA requirements. Most homes in the neighborhood include attached garages. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant proposes to demolish an existing dwelling and accessory structure located in the Coastal Erosion Hazard Area and to build a new dwelling landward of the Coastal Erosion Hazard Line on the subject property. The applicant also proposes to locate a new IA sanitary system in the code conforming front yard. The subject property has street frontage on a curve in the road that joins Horton Lane to North Sea Drive. Collectively these factors, severely limit the buildable area of the lot, especially within the front yard, leaving no feasible alternative but to locate a garage within the elevated foundation of the new dwelling. Page 3, February 21, 2019 #7214, 8100 Hortons LLC SCTM No. 1000-54-4-31 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the parcel is located in the FEMA regulated AE zone which requires the proposed residential structure to be built on a foundation that is 12 to 14 feet above grade. To build a two-story dwelling on the required foundation, the applicant must seek a variance for a three-story home. Further, the proposed dwelling is conforming in height. 4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and be compliant with FEMA regulations and requirements set forth in the Board of Trustees' Wetlands Permit. Also, the proposed construction replaces a dwelling and sanitary system that is seaward of the Coastal Erosion Hazard Area, thereby being more conforming in location and lessening adverse environmental impacts 5. Town Law X267-b(3)(b)(5). 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 limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law &267-b. Grant of requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a single family 3 story dwelling 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 267-13, motion was offered by Member Chairperson Weisman, seconded by Member Planamento, and duly carried, to GRANT the variance as applied for, and shown on the site plan prepared by Stacy Marshall Paetzel, revised November 2, 2018 and Architectural floor plans and elevations prepared by Meryl Kramer, Architect, dated July 10, 2018. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall install an alternative waste water treatment system as approved by the Suffolk County Department of Health. 2. The ground floor(garage and storage area) shall remain non-habitable and unconditioned space. 3. The applicant shall install a sprinkler system per NYS Building Code requirements That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. Page 4, February 21, 2019 #7214, 8100 Hortons LLC SCTM No. 1000-54-4-31 If the Building Department determines that the construction of additions and alterations, as described in this determination, exceed the scope of the approvals granted herein, or a demolition has occurred, the Zoning Board of Appeals shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approvals or any term or condition thereof or to impose thereon one or more new conditions, pursuant to Article XXV, Section 280-141 of the Town Code. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. 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. 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. Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Planamento and Lehnert. This Resolution was duly adopted (4-0). (Member Acampora was absent) Leslie Kanes Weisman, Chairperson Approved for filing c� / 4S /2019 57'-6" 59'-6" 57'-5" 0 — COASTAL EROSION LINE N e--'-w aeAf^"+s .w+-.+g er.•*"s e *m awe a�vana weals wmenw wr p weew �.w wews was wwv� w.emrs e .ae s -+w e•":"�'+ ems ^^'a . w e ae�rtaa,e w� wws _sw wws a®w' :ws asrwea :,s vw rM.w, J O, �.,,ma �.sw w w�. .eesmw. s wr+a9ns aean�.es wnmw w I O 2'-0' 55'-5" 2'-1' '-3 3/4" 11'-8 1/2" 41'-5" '-1' 4'-3 3/4" 11'-8 1/2" 32'-7 1/4" 8'-9 3/4"' 0 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -AQEL12)`�---__- - - - 20'7e LINE OF DECK ABOVE LT-IN 1 17 BENCH BENCH - -- w/STORAGE I IT ' to r lf) LOWER DECK/PATIO _ I WOOD DECK coNasuB WOOD PATH OUTDOOR 00 60 Ll 40.5x13.0' 00 I pp MACHINE FINISH 4'WIDE ` ♦ HS OWER ' gym„( '-De 7.5'x8.0' V N CV i WOOD TERRACE WOOD TERRACE .� i 24.0'x4.5' r� ORAGE 4'-0" I STAIR HALL t Fl stFloor - I I 7.5x25.0' I 20i�e 8.0'x21.0' MASTER BATH M SEN . Second Floor 10.5'x14.0' 15.0'x15.5' EW. _ _ �1 ON GREAT ROOM d �� .(+28'-7") ON 34.5'x22.5 I d 2nd FLOOR E000 _ - LOWER DECK/PATIO S- I I r RAI D JACK'S BEDROOM © a MASTER BEDROOM O r sH p O MACHINE FLASH ,I� E UIPMEN 13.0x13.0' STORAGE ® 17.5'x14.5' m z I Ir _� _� GARAGE ¢ 25.0'x35.0' Ih' PLATFORM t-I O O 15.0'x29.0' O z d I r ENTRY I 4'x12' 0 c� SHOWER �' Q Q 'C} d• o r VESTIBULE O d CN ❑ g N CONC.FLOOR I N ' MECH. ❑ , O \ ON ` w I O ¢ z MACHINE FINISH r-I KITCHEN I I DINING LIVING � ® �.-{ z Slab on Grade I 5.0'x4.6' `� ♦ STAIR !� V eiv.f+7'-91/2-) (� ❑ v FULL HEIGHTBUILTaN N N HALL I © ~ N N 4'OPENING 4'OPENING (� 10.0'x21.0' I r I I I ❑ ❑ HEADBOARD SIDE TABLES I\ Q, co I T. MIRROR 8.5'x5.6' I r a ❑ _ _ - I I STAIR LANDING JACK'S BATH OPEN TO BELOW DRESSING OFFICE ° O 0P WOOD FLOOR UP o A e 13.0'x5.8' 23.0'x8.0' 8.6'x6.0' M Steir Lending - J �Y,-� MECHANICAL I Ero.(+8.111/2) v 7.0'x10.0' _ - __ ____—- 30" s PANTRY 42•REF. OVEN PANTRY BAR/CREDEN- PANTRY PANTRY O O MICRO 'F - CN _ _ LINE OF OVERHANG ABOVE e Q I LA NDR I - ❑ _ Y I ; 151-10` Ll 7.5'x6.0' I I 2'-0' 22'-0" 28'-111/2" 4'-5 1/2" 2'- " I - �, _ 16 0 431-611rr 16'-0" 16'-7 1/4" 8'-9 3/4" 22'-0" 35'-6" „ \ - I WOOD PATH *WIDE 59'-6" 16'-0" 41'-5" I 57'-6" ?10 � 57'-5"3Secand Floor Plan2 �Fit Floorflan Scale: 1/8" = 1'-O" e: 1/8" 1'-0" \ I i�10 I , otic40 — _ o o op LL M - - - ------ --- -- -- - --- - --- --- - - -------- ---_— - - O -------------- - _ ----- - -- O --- --- - -------- -- -- -- ---- ---- --------------------- _ - - _ -_--'—_----- -- - - ::..___ : - = 1 Ground Floor PIa n 10 -- -- _ . _._. c� Scale: 1/8 - 1-0 Lu w — — - - �F 4 East (Front) Elevation 5 North (Ri ht Elevation Scale: 1/8" = 1'-0" Scale: 1/8" = 1'-O" REVIEWEDL:J I Y ZD LLI -_ DATED / t ---------------------- - Z Z t t I -- 00 LL - 00 u ) L L L I_ -- co > —-- M _ - O __ -_- - -�- -- -... - - ---- - _ .... _.... .___.,_.._ m —-- ----- - - - - - --- - m - ---- - -` C7 11 L Lu Lu ,�Lo�-� _.. ------- - _ - - -- ---- ----- - --- -._...- - D -- - ----- -- --- - ------- c� A,q --- ---- - -- a r c I e c _ ---- .- --- _-- ----- ------------- ----- - f t., �� MCDO N N ELL RESIDENCE --- -- ---- * HORTONS LANE - - ----- - ----- -- --- ---- ------ ------------- ?� �� - 2 6 0 H O R T O N S LANE t SOUTHOLD NY 11971 024802 p� POST OFFICE BOX 1 6 0 0 SCTM# 1000-54-04-31 �Or � SOUTHOLD, NY 1 1 971 West Back Elevation outh (Left) Elevation 6 3 1 - 4 7 7 - 8 7 3 6 07.10.18 6 Scale: 1/8" = 1'-0" &Scale. 1/8" = 1'-O" m k a r c h I t e c t . c 0 m ZBA a EXISTING TOWN + DEC COVERAGE CALCULATIONS PROPOSED DEC COVERAGE CALCULATIONS ti PROPOSED TOWN COVERAGE CALCULATIONS Lot Area 31,063 SF Lot Area 31,063 SF Lot Area 31,063 SF �`61� MCDONNELL Adjacent Area(to CEHL Line) 12,660 SF Adjacent Area(to CEHL Line) 12,660 SF , Adjacent Area(to CEHL Line) 12,660 SF Allowed Buildable Coverage 2,532 SF or 20•% Allowed Buildable Coverage 2,532 SF or 20•% DEC RESIDENCE Existing Residence 1,615 SF 'A 8100 Horton Lane M1 Southold, New York Existing Front Porch 62 SF Proposed Residence 2,205 SF Proposed Residence 2,205 SF 2,205 SF Existing Rear Porch 292 SF 2,114 SF Proposed 4'Wide On-Grade Boardwalks 68 SF 2,520 SF Existing Outside Shower44 SF Proposed On-Grade Masonry Landings 199 SF Total Proposed Coverage 2,205 SF or 17.4% Existing Shed E.101 SF Proposed Raised Equipment Platform 48 SF Total Existing Coverage 2,114 SF or 16.7•/a Total Proposed Coverage 2,520 SF or 19.9•/ _ marshall poe el LANDSCAPE APCHITECTUPE SECOND STORY � �\ 416.95'�I — ,.�.•► OVERHANG //' �– -- - — NORTH FORK HAMPTONS I , N101F INER PROPOSED RAISED 0 5175 Route 48 PO Box 1397 EWALD TO - EQUIPMENT _— _ - ! Mattituck,NY 11952 530 Montauk Hwy,#203 &JOSEPH PLATFORM - _ -' _ - N Amagansett,NY 11930 EXISTING EDGE OF EXISTING STEPPING STONES 1 �� /.._ _ -- 3 - 3 phone: (631)209-2410 BEACH GRASS(TYP.) TO BE REMOVED(TYP.) - --_ _ - O fax: (631)315-5000 I EXISTING EDGE OF EXISTING FENCE TO .� _ a 4 �rll email: mail@mplastudio.com CLEARING(TYP.) REMAIN(TYP.) �.'- EXISTING DIRT TEST HOLE LOCATION DRIVEWAY TO BE REMOVED TIE LINE ALONG APPARENT HIGHI O -- �. SURVEYOR: WATER MARK ON 06/24/16 ' I ± 160' ' N _ _ _ _ 7 _ _ _ _ _ _ _ �1/ y b Nathan Taft Corwin Land Surveyor _–_-- -----------J _ ll ..ti 1586 Main Road Ja Q v ` - - - EXISTING PORCH+STEPS _ _ mesport, NY 11947 -- i I I ���� - - - _- EX.WELL TO BE i L — — — j S 64°50'00"E �� i �/"-\ MOVED I ABANDONED T EXISTING UTILITY POLE(TYP.) Office: (631) 727-2090 ��► }- TO BE RE i 34'-1 O" PROPOSED 4'WIDE yr — — — — - — — PROPOSED I/A SANITARY SYSTEM Z ±75' I \ PROPOSED I n 68 SF ON-GRADE 2�C�& _ _ _ _ _ -1 AS SHOWN BY TF ENGINEERING I WOOD ZO� ON'SEPTIC SITE PLAN OWTS' ARCHITECT: - ! J Q � I i � %•�•�,\ 3-STORY BOARDWALKS 1 EXISTING BENCH S BUILDING �m Kramer , �/ Meryl Architect (621)-477-8736 / __�• i I EXISTING II FLAG POLE _ _ 210 H z 1 PO Box Lane 1600 EXISTING CESSPOOL ^ I -, ,L L J L _ PROPOSED PRECAST 4.75'x TO BE REMOVED h _ 8.5'x 2'LEACHING GALLEY Southold, New York 11971 II �_►-- i EXISTING F_ F- —I F_ 7 -1 / / ^p` P DRYWELL(TYP) O I 1 �1 - REMOVOEBE L - J L = PROP ��j0RCH+ � SEEDETAIL2 PERMITTING CONSULTANT: r ^ EXISTING STEPPING EXISTING SHOWER TO ^ k v STONES TO BE BE REMOVED CO p Mike Kimak I - L -J PERVIOUS /4� O � REMOVED(TYP.) Z I _ PROPOSED 30 SF / GRAVEL O0. p� (516)-658-6806/ S'-7' PROPOSED 199 SF ON DRIVEWAY Y APRON w� MUNDERSECOND LANDINGS O SANITARY ENGINEER: ±163' UNDER SECOND GRADE MASONRY SEE DETAIL 3 O i i' STORY OVERHANG ED j J EXISTING SHED TO BE EXISTING TF Engineering, PLLC P I / REMOVED _�- WATER METER 1 M I I — �. - 40-10 P.O. BOX 596 z I ( a 6 PROPOSED STRIP DRAIN SAG HARBOR. NY 11963 PROPOSED PROJECT o �-- `—' ����0--- �� PIPED TO DRYWELL LIMITING SILT FENCE(TYP.) _ _ Lr) 46; ��� PROPOSED O —� 5 3" ENTRY GATE N 56°29'40"W l -SEE DETAIL 1 0 E;l ,� ` �I �� PROPOSED 65 SF - MASONRY APRON m EXISTING 348.14' 100'SETBACK FROM TIE LINE m RESIDENCE TO I ALONG APPARENT HIGHC� BE REMOVED WATER MARK ON 06/24/2016 N/O/F JAMES J.MURPHY _ "` SITE DATA: 75SETBACK FROM TIE LINE &MARGARET ANNE DOW ALONG APPARENT HIGH _ 10'WIDE CEHL AS SHOWN WATER MARK ON 06/24/2016 _ ON COASTAL EROSION SCTM#: 1000-54-04-31 I HAZARD MAP Lot Area:31,063 SF (or 0.713 acres) _ NOTES: 1. Base map information based on survey prepared by Nathan Taft Corwin 18'-0"MAX. C.to C. U dated July 8, 2016. 2. This drawing is for the purpose of a < obtaining permits only. NOT FOR z � W 4" DIA. SDR 35 PVC TOP OF DRYWELL CONSTRUCTION. PIPE 2/o MIN. SLOPE = EL 5.76 MINIMUM 3. Unauthorized alteration of this plan is a ,� � ��• • _. .: �– W J PROPOSED STRIP o *,rte �...^ :. ;', —�� _ U_ DRAIN WITH (TYPICAL) _ violation of NYS Education Law. r' a�/ CAST IRON GRATE PROPOSED GRADE EL. 6.76 MINIMUM 0� <z/ ACO or equal - z PERSPECTIVE VIEW L E G E N D REVISIONS GEOTEXTILE 8"TRAFFIC BEARING TIED TO WIRE FENCING DATE DESCRIPTION WIRE FENCE 2"x4"OPENINGS 0 1=3 I] D D D D D CONCRETE SLAB COVER PROPERTY LINE 2018.6.22 FOR DISAPPROVAL 48"FENCE POST 0 = = 0 = 0 = M M TYPICAL 2018.8.22 REVISED PER COMMENTS IN DEC EXISTING COMPACTED SOIL 8'0.C. p p p p p Q p p p LETTER GRAD PRINCIPAL BUILDING SETBACK 2018.10.18 RAISED BOARDWALK REMOVED, GEOTEXTILE SANITARY SYSTEM NOTE CHANGED TO BE BURIED FINAL MAP TO INCLUDE RAISED EQUIPMENT O O D O O M O O O 4.75'x 8.5'x 2' 2018.11.02 DEC LOT COVERAGE TABLE REVISED IN GROUND, O D O D O D = D O LEACHING GALLEY S SHOWN SLOPE D 0 O D M O D D O DRYWELL PROPOSED WATER LINE PLATFORM AND EXCLUDE DOUBLE I ! 0 0 0 0 0 0 0 REVIEWED BY Z B A COUNTED MASONRY APRON. �1 iiil IIISEE DECISION ## f / COASTAL EROSION HAZARD LINE S 6 a DRAW/NGSCALECHANGED NOTE: MAXIMUM DRAINAGE AREA 511 1/2 ACRE / 100 LINEAR FEET DATED /;),j l ' SI z p,aDscgp TCE C14 I FLOOD ZONE Ojha/1A s.ctio Not to Scale GROUNDWATER- ––––––– EXISTING EDGE OF CLEARING UaF y' e = ELEV. 1.1'._._._._._. _._._._._._._._._._._._._._.—._._ •—•— EXISTING EDGE OF BEACH GRASS tS'j, �0185a" �O 0:'1'cCA1 CATCH BASIN+ LEACHING GALLEY DRYWELLLAWN/PLANTING AREA LINE ALONG APPARENT HIGH WATERSetion Not to scale MARK ON 06/24/2016 s"xSI`RAW STEEL EDGING WELD STAKES + CORNERS (2'- 1"REVEAL) 75'SETBACK FROM APPARENT HIGH TITLE: 1" DEPTH OF WATER MARK _ s"CRUSHED GRAVEL + + + + + + + + 100'SETBACK FROM APPARENT HIGH ++++++++4++++++++++++++++++++++++++ WATER MARK 6"LAYER OF PERVIOUS NATURAL STONE TEST HOLE DATA (I' _ +++++++++++++++ + I+ + + +++++++++ + +++++++++ BLEND BASE (4'- 1"CRUSHED STONE) I 11 + + + + + + + + + + + - - (TEST HOLE DUG BY McDONALD GEOSCIENCE ON NOVEMBER 8, 2017 AT 12:40pm) PROPOSED PROJECT LIMITING SILT FENCE SITE PLAN - I, 1-1 , COMPACTED SUBGRADE EL. 3.3' 01 MIXED SAND AND LOAM (5) - - - - EXISTING CONTOUR #4 REBAR SPACED 48"ON CENTER 2' 5 PROPOSED CONTOUR AND SET 36"DEEP, WELDED TO EDGING EL. 1.1' PALE BROWN TO COURSE SAND SW 2.2' PRINCIPLE BUILDING SETBACK WATER IN PALE BROWN TO COURSE SAND SW - -_- EXISTING STRUCTURES TO BE REMOVED 0' 10' 20' 13' EXISTING CESSPOOL TO BE REMOVED $COI@ 1"=20'—O" EL. 13.0 1 20.5' HIGHEST EXPECTED GROUND WATER ____ __ PROPOSED SANITARY SYSTEM DRAWN ON NNIST BY ENGINEER S P 1 TEST WELL No. USGS 405906072110102 S 8843.2 CHECKED BY:A.FOX 3 PERVIOUS GRAVEL DRIVEWAY DATE:2018.06.22 Section Noto Scale I— __1 PROPOSED LEACHING GALLEY REVISED:2018.11.02 DRYWELL SHEET 1 OF 2 SURVEY OF PROPERTY TEST HOLE DATA SI T UA TE (TEST HOLE DUG BY McDONALD GEOSCIENCE ON NOVEMBER 8, 2017 AT 12:40pm) S 0 UTH 0 LD EL 3.3' 1 • TOWN OF SOUTHOLD MIXED SAND AND LOAM 2SUFFOLK COUNTY, NEW YORK ,C1 EL. 1.1' PALE BROWN TO COURSE SAND SW S.C. TAX No. 1000-54--04-31 WATER IN SCALE 1 "=20' PALE BROWN TO COURSE SAND SIN JULY 8, 2016 IVYJANUARY 2, 2018 REVISED �ry �� S 64.So O�,Y TOTAL AREA = 31,063 sq. ft. �� e/ / F �� ',Fr[,��� '" .• '4� 0.713 ac. ADJACENT AREA = 24,845 sq. ft. O '(V / �o ,A� •��b �� °` / / / / CERTIFIED TO: �4j 8100 HORTONS LANE LLC FIDELITY NATIONAL TITLE INSURANCE x�h uS / X� // \� x ,�� / / / Fol. NOTES: X _ _EA `QR\SHX °�°00 1. COASTAL EROSION HAZARD LINE SCALED FROM COASTAL EROSION V N• HAZARD AREA MAP PHOTO No. 56-570-83 SHEET 9 OF 49 \ ?SF 2. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM x �\� EXISTING ELEVATIONS ARE SHOWN THUS.m <O h / �� / / 0� Ole / Fo f 9F.Fl - FIRST FLOOR G.FL - GARAGE FLOOR t 4,- X-Z2 Df0O � Xj 0\ 1No .W� 3. FLOOD ZONE INFORM ATION TAKEN FROM: O FLOOD INSURANCE RATE MAP No. 36103 CO154 H X" O 00 ZONE AE: BASE FLOOD ELEVATIONS DETERMINED / / \ O0 F� ZONE VE: COASTAL FLOOD WITH VELOCITY HAZARD (WAVE ACTION); / X2.200 Foy. ^ BASE FLOOD ELEVATIONS DETERMINED / �B �X ` l \ mac \0 00 ZJ X� / x•$-¢ x'/ 04s Pow %y0�,0� to 0 LOT COVERAGE OVER �o I I 000 eR, ADJACENT AREA (24,845 sq. ft.) a °°�sy DESCRIPTION AREA X LOT COVERAGE / / x 00 12 \ 46 HOUSE 1,615 sq. ft. 6.5% x / a° FRONT PORCH 62 sq. ft. 0.2% /•; ..; ' O�tit / X c /. . r REAR PORCH 292 sq. it. 1.2XcoN�° �F4y� ryZQSLATE IN SAND WAucpS /•:.:'° ::::" ti Q \ \ �r,�C OUTSIDE SHOWER 44 sq. ft. 0.2Y. ` 15 Ell \ / :.;.:./ � " ; f SHED 101 sq. ft. 0.4% �C9,p G�y� -�\ /I1 :.:. � � .. `\4 a . . ° w �q A // °p eR�S OUTSIDE :.'.'.� 4�,� *o ` • �{ ,„ , 4 +C TOTAL 2,114 sq. ft. 8.5% 4' r�,� H SHOWERr:: �� ✓� . IV a• t� I.a "''' �6 9 'fir A ..:.%: .. z� _ / �• . TEST HOLE ° e '• .� av1 •s. /...irr � : :: s LU J. x'. / � p PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED / / 'A 00� BY THE L.I.A.LS. AND APPROVED AND ADOPTED S''�::;::.:./ S1ryO aG % 4,�_ \� FOR SUCH USE 6Y STATE LAND 0 W O W I --L TITLE ASSOCL '0 S' / Gj" �VERFiEAD N7RES � ' ' 04'oC�OF S.Jx� ��{�j.</yF , X4 �� . J�O+ , * : k � " �` / . : / / fix,,- 5: Y R 4q* lx5j N.Y.S. Lic. No. 50467 UNAUTHORIZED ALTERATION OR ADDITION C A'G TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE Nathan Taft Corwin "' EDUCATION LAW. / d O (K COPIES OF THIS SURVEY MAP NOT BEARING � • Land S u r veo r THE LAND SURVEYOR'S INKED SEAL O y EMBOSSED SEAL SHALT. NOT BE CONSIDERED TO BE A VAUD TRUE COPY. d ' CERTIFICATIONS INDICATED HEREON SHALL RUN (� ' ONLY TO THE PERSON FOR WHOM THE SURVEY Ox Successor To: Stanley J. Isaksen, Jr. L.S. IS PREPARED, AND ON HIS BEHALF TO THE , Joseph A. In a no L.S. TITLE COMPANY, GOVERNMENTAL AGENCY AND d p 9 9 LENDING INSTITUTION LISTED HEREON, AND Title Surveys — Subdivisions — Site Plans — Construction La out TO THE ASSINSTI- IGNEES OF THE LENDING Y TUTION. CERTIFICATIONS ARE NOT TRANSFERNSFER ABLE. • ' PHONE (631)727-2090 Fax (631)727-1727 OMCES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHTS OF WAY 1586 Main Road P.O. Box 16 AND/OR EASEMENTS OF RECORD, IF Jamesport, New York 11947 Jamesport, New York 11947 ANY, NOT SHOWN ARE NOT GUARANTEED. om - COUNTY OF SUFFOLK `1 t& Vim^ RECEIVED lot t' AUG IS 2 . 018 I z®NING BOARD OF APP8A1.5 Steven Bellone y v SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Deputy County Executive and Commissioner and Environment August 8, 2018 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections Al4-14 thru A 14-25 of the Suffolk County Administrative { Code, the following application submitted to-the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no-significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Potter(Louis) and Brancato (Lenore) #7208 Peck(Tracy) & Corbett(David) #7209 Greene, Charlotte #7210 Bashian, Haykuhi #7212 8100 Hortons Land LLC #7214 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■(631)853-5191 M& LOCATION: ��®f S®Uly® MAILING ADDRESS: 1—�F Town Hall Annex �O lQ P.O. Box 1179 54375 State Route 25 Southold ' 11971 or.Main Rd. &Youngs Ave.) ja(, Southold,NY 11971 G Q Telephone: 631 765-1938 It D �o • a® l�Coumi LOCAL WATERFRONT REVITALIZATION PROGRAM �� I TOWN OF SOUTHOLD RECEWED MEMORANDUM OCT 2 5 2018 To: Leslie Weisman, Chair ZONING BOARD OF APPEALS Members of the Zoning Board of Appeals From: Mark Terry, AICP Assistant Town Planning Director LWRP Coordinator Date October 25, 2018 Re: LWRP Coastal Consistency Review for ZBA File Ref 8100 HORTONS LANE, LLC#7214 SCTM# 1000-54-4-31. 8100 HORTONS LANE, LLC #7214—Request for a Variance from Article III, Section 280-13 and the Building Inspector's July 5, 2018 Notice of Disapproval based on an application for a building permit to demolish an existing single family dwelling and construct a new single family dwelling, at; 1) more than the code required maximum allowed two and one-half(2-1/2) stories; located at: 8100 Hortons Lane, (Adj. to Long Island Sound), Southold,NY. SCTM No. 1000 54-4-31. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,the proposed action is recommended as INCONSISTENT with the LWRP. It is recognized that the proposed action is not located within the CEHA or on a primary dune system (Figure 1) however, when assessed to the surrounding community character,the addition of a third story in this instance does not fully meet 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. The character of the area is established by mostly 1 to 2.5 story residential structures to the west, east and south. Small, one story cottages occur to the west of the parcel indicative of the historic build out of the area. Note that the cottages do not comply with current bulk schedule or FEMA regulations. X i �i ,1 , d , '} `t �f X+ 3 r ^ M f r f f rt \ d�' aNj fit- F -�' y y x�,,.+�.✓'. Il' rM^t'4 Figure 1. Subject parcel with one foot contours. Furthermore, Policy 4. Minimizes loss of life, structures, and natural resources from flooding and erosion of the LWRP supports relocating and/or decreasing non-water dependent structures in vulnerable areas and the applicant's presentation of the environmental feature regulations, bulk schedule restrictions and FEMA construction standards as basis to allow a third story is unsupported. The purpose of the CEHA and FEMA regulations is to avoid and minimize structural loss. The third story adds structure in an area subject to repeated storm surge and expected structural damage and loss over time. Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy, Town Attorney -72- (4 RECEIVED OCT 2 5 '018 ZONING BOARD OF APPEALS I FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. 'JUL NOTICE OF DISAPPROVAL DATE: July 5, 2018 TO: Maryl Kramer(8 100 Hortons) PO Box 1600 Southold,NY 11971 Please take notice that your application dated June 26, 2018 For permit to demolish an existing single family dwelling and construct a new single family dwelling at Location of property:8100 Hortons Lane, Southold NY County Tax Map No. 1000 -Section 54 Block 4 Lot 31 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article III, Section 280-13 which limits a single family dwelling;to 2 %Z stories. The proposed construction notes a third story. - Authorized Signature Zo r Cc: File, ZBA 1 - Michael A. Kimack RECEMD ATTORNEY AT LAW JUL 2 3 2018 P.O. Box 1047 Southold,N.Y.11971 ZONING BOARD OF APPEALS Cell No. 516-658-6807 E-mail: mkimack2@verizon.net July 21, 2018 1800 HORTONS LOANE LLC Zba APPEAL FOR VARIANCE FOR HABITABLE THIRD FLOOR This application is for a variance to construct a new elevated dwelling in place of the existing dwelling that creates an imposed third story. The existing dwelling is located in both the CEHL zone and VE El. 13. The present first floor elevation is 9.5 Ft. The existing finished average grade is 6.4 ft. and the elevation to ridge above finish floor is approx.. 23.5 ft. The existing dwelling coverage is 2013 SF with a separate shed of 101 SF for a total coverage of 2,114 SF. FACTORS IN SUPPORT OF A VARIANCE FOR A HABITABLE THIRD STORY 1. Under Chapter 111, the existing dwelling could only be expanded by 25% of the habitable floor space (1615 SF) or 403 SF. In addition, the existing dwelling would have to abandon the foundation and elevate the structure on piers as required by the VE E1.13. The elevated first floor would have to be at minimum 16 ft. El. That would place the ridge line at approx.. 30 MEL (present ridge approx.. 14 ft. above finished floor El. of 9.5). The owner has chosen to relocate anew dwelling out of the CEHL zone,which the code encourages by not permitting any new construction to occur within the zone. In addition, the relocated dwelling would be landward of the VE E1.13 zone which would lesson any potential damage from greater force storms. 2. The CEHL line reduces the buildable area and maximum coverage area from 31063 SF (6212 SF) to 12, 660 SF (2,532SF) under Chapter 280.The buildable area is further reduced by the required setbacks,which essentially allows the proposed dwelling to be situated in a majority of the existing footprint. There is little remaining room to expand the proposed dwelling laterally to achieve the desired habitable living space. Given the need for a driveway with parking spaces, along with leaching galleys for storm water and a sanitary on site system. The proposed dwelling's footprint would encompass almost all of the usable space within the building envelope. 3. The proposed dwelling would be located within the AE E1.12 zone. This zone does not require pilings and permits a foundation, or foundation like structure. To meet FEMA requirements, the first habitable floor would need to be set at a minimum of 15 ft.The standard requires the bottom of support beams to be a minimum of 2 ft. above the AE elevation. When you add in the floor structure, the finish first floor needs to be at least 15 ft. elevation. This requirement to be in conformance with the FEMA height requirement has inevitably imposed New York Code Rules and Regulations (NYCRR) definition of what comprises a story, or first floor. The NYCRR defines an (RB) story above grade plane as more than six (6) feet. The grade plane is a reference plane representing the average of the finished ground level adjoining the building. The average finished grade adjoining the proposed dwelling is approx. 7 ft. The average existing finished grade is 6.4 ft. Given FEMA requirements, the proposed dwelling needs to be elevated a minimum of 8.5 ft. This FEMA requirement has inevitably imposed the elevated non habitable section of the proposed dwelling with the story designation (first floor). The proposed first floor elevation is 18.25 ft. There is no feasible way to add fill to raise the finished grade plane to eliminate the RB story designation, given the existing natural grades and the undesirable aesthetic outcome. 4. The proposed dwelling footprint would be 2205 SF. The existing dwelling has a footprint of 2013 SF. There would be an increase of 192 SF or approx.. 9%.,which is not considered substantial. 5. The proposed habitable living space would be a total of 2882 SF. The first habitable floor (2"d story), has 1507 SF and the second habitable floor (3rd story) has 1375 SF. The existing dwelling has habitable space of 1615 SF and under Chapterl11, could be expanded by 403 SF for a maximum total of 2018 SF. For the reasons stated above and the owner's living space requirements, the third floor is a necessity for their needs which designation has become the inevitable outcome of FEMA and NYCRR code requirements. The owner,with their architect, has endeavored to meet all natural and governmental limitations imposed on the land. We believe the proposed dwelling design meets the reasonable needs of the owner and conforms to the criteria which would permit the granting of the 311 story (211 floor) variance. -1 Vq ?"E` ED ,JUL 2 3 Zola zoNiNG r30ARD of APPEALS Fe •$ Filed By: -' Assignment No. - .r. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS RECEIVED AREA VARIANCE JUL 2018 House No.8/66 Street 14nZ jAZq f�j�Hamlet SM17"1-161—I> LuNING BOARS OF APPEALS SCTM 1000 Section_Al��Block_,j Lot(s) S/ Lot Size 61. 063 Zone A2-40 41 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING IN PECTOR DATED ?_&20/8 BASED ON SURVEY/SITE PLAN DATED !6 / Owner(s): 'B/00 Negrpo1/S a G Mailing Address: -5_LA000-w- &46-,r 1, a6&9yn q DOW Telephone.¢jf 7176 6,V Fax: CZW 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: 4& gA? AL .4. t(Cl�y,¢gftC for X Owner ( )Other: Address: P 0. XlJ1C /047 . X01MY NY 11?71 25yPlTelephone.-V6 6RC"7 Fax: Email: &(&�Ck2 a�VZ&1ZVA1 40257— Please ease check to specify who you wish correspondence to be mailed to,from the above names: ( ) Applicant/Owner(s), 0 Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED 6JZ6 11,6 —FOR: j uilding 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: /f f Section: ,280 Subsection: Z6 Type of Appeal. An Appeal is made for: 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 ( ) has, 04 has not been made at any time with respect to this property,UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# 1� 4 REASONS FOR APPEAL( be specific, additional sheets maybe usea with preparer's signature notarized).- 1. otarized).1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,'because: '27%�X161-1, D,e'//C0P /,s' A�('Ciy/T�CTI,`C".41L dEs'- D5'/GSD Ta own 6 7;4'.'eL!h!T�D BUtL�.¢�`3L�X11 h�1/.�!<G�f3L,E. •�1N0 P,p�S�NTs .q hOD�' �,LO�/G� �pT' f«-s YWZ Ae16A1<7oe1-;oo,0 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: d� CJ1,eE/W.,V7-T .4 72V L/0<J�D drU/LD,404E 445.4 00=5 TQ TMJ,' C,�/,�L L!a/�, 71V 41�0 FGOD�P.?d P �Pfl9T .P• S'DN�BI� /V<^/!� s��05. 3.The amount of relief requested is not substantial because: THS` RR0�'os�D 9 s3Tdgy �G. /.r, >.VF•4� �� ,�L�Vf1 T�,D o�> .sToXy, /r.1,4S 9,&.9A1o�s-i�v¢r ruc•v ova �-o .rl�C,�� D,F,�/•✓/Tl�t1S 7)VAr CiZOA72`S ?HE FI,�.ST ,Sq-Giey, /f Ir AIAs.4 DOS' c�Q= �7VAN 6FT fR,t�oV� (9itV I% A H N a�26 0� TALC� rEArA 46Q. 7X <,�'�'' t�v BIS�L a oN 'b Q <s v JCR <N.D� /4 ET-lffT 4.The variance will NOT h FAck c r acf;e/pI rs dol�� air® net it4iot�, i neighborhood or district because: f ME DV,6�u ��G,PO.S�D ��JG�q' /S LES' pl�A.v 7��o lli4,Cl- 4117 -4 �5"FT' p"a raP o6PA�PA�'�T: .P��Uee�i?�T a� . VA�CJXIV 025rO 4a0w A--f"J'J"a'-y �![[ A107- UN�vty �f��eT o� c' oac OR ,�/yvlpo,v�ENTi�C. a�D/T/ON.S /�/ •8 //9,PA c7-d A/7-11A ?/h1'< � 5.Has the alleged difficulty been self-created? X Yes,or { No Why: RECEIVED�]�f jUL 2 3 2018 Are there any Covenants or Restrictions concerning this land? XNo { } Yes(please furnish a cop;PNYNC BOARD OF APPEALS This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signa r`e of Applicant or Author zed Agent a (Agent must submit written Authorization from Owner) S before me this 3r day MoI 20 aaq '&twjjM otary Publ TRACEY L. DWYER NOTARY PUBLIC,STATE OF NEW YORK NO.01 DW6306900 QUALIFIED•IN SUFFOLK COUNTY COMMISSION EXPIRES JUNE 30,2Q2�a, RECE I) r APPLICANT'S PROJECT DESCRIPTION / JUL 2 8 201A 'bA ZONING BOARD OP APPS § APPLICANT: /I/CY4,6e A: !ll AM CIC DATE PREPARED: 7oZ D�ZO/8 1.For Demolition of Existing Building Areas Please describe areas being removed: 0VUrZAVE s QWA!!Z „W-eP, r1 TZT C, WA-4 II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: 16 Oxe 116 A'I O J4loll/AlagTo Dimensions of floor above second level: S9 i6y /3Y �? 4'd YM ff� by %" iVo/2TJb' Height(from finished ground to top of ridge): `?z�nd/1 Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first jloor:.4V&Qg&ge p/�q OSP // t-4s 4'400V0 M!?MMO-.4VG 604W A4AA66 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: oNO/i'7/DIVLYL/�j/6. RQAC.,y �' a&M" Sf J% zW " Zgedb P Number of Floors and Changes WITH Alterations: ------------- IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: VAC Proposed increase of building coverage: 9z S Square footage of your lot: 9z O — /5;M 4 Percentage of coverage of your lot by building area: p V. Purpose of'New Construction: " �A5Z OCATZ- coy- O,O AAA 5 �2z ann5n Ll11waxi- AeA 4 ao ve E AG�dare Z�MIES 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): Z,4A42 IT R,05/,AtNAY =&E TO AWAVS- ax DOW.44 Ca .4SS 4VAN,eS%AADS DPOR n ,1/6H W,47,-�R RAZZ POMP At.ON& Al O r W 64 A,4-9-' S Gy S >RSP TO �� '�/�y.4T, 0 Please submit 8 sets of photos, labeledYt dit�e�AIMI iF/a"r�dt'e#fff Fr staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? Yes __y _No JUL 2 3 2018 B. Are there any proposals to,change or alter land contours? ZONING EOARD OF APPEALS _,Y No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? 2.) Are those areas shown on the survey submitted with this application? V -S 3.) Is the property bulk headed between the wetlands area and the upland building area? A/ Q 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction?& VjA(6 Please confirm status of your inquiry or application with the Trustees:4_ppUGg71GA/ P6Nl�/�l!!� and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? .410 E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? O Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? A10 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 Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? NO If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcelRFn/p,6W1.4L rllyG�. �y B�t�! C„q,r7A'aC and the proposed use �j��cN ,q�' 64R,4C_ (ex: existing single family, proposed: same with garage, pool or other) 1,1ZOL201 Authorized signature and Date �oanfW'Ir Town of Southold 9/16/2015 P.O.Box 1179 RECEIVE® Z w X 53095 Main Rd 1 Southold,New York 11971 JUL 2 3 2018 -MNfNG BOARD OF AvPtALS CERTIFICATE OF OCCUPANCY No: 37782 Date: 9/16/2015 THIS CERTIFIES that the building SINGLE FAMILY DWELLING Location of Property: 8100 Horton Lane, Southold SCTM#: 473889 Sec/Block/Lot: 54.4-31 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 6/9/1973 pursuant to which Budding Permit No. 6650 dated 6/11/1973 was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: one family dwelling with covered entry,unheated screened porch unheated and unfinished basement and attached one car garage as per Suffolk County Health Department approved survey reference number 3S0-72 issued 7/2/1974 This undated Certificate of Occupancy replaces COZ-6010 dated 7/19/1974 The certificate is issued to Fabrizio Derosa&Lucille Goff of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 3SO-72 7/2/1974 ELECTRICAL CERTIFICATE NO. N 164870 6/13/1974 PLUMBERS CERTIFICATION DATED N/A 0 N/ AAA4 V75�4 utgbrikd Signature 4�S3Ff04CpG Town of Southold 9/16/2015 o� y� P.O.Box 1179 1 2-I j RECEIVED c 53095 Main Rd Southold,New York 11971 JUL 2 3 2018 ZONING 80AKU UF APPEALS CERTIFICATE OF OCCUPANCY No: 37782 Date: 9/16/2015 THIS CERTIFIES that the building SINGLE FAMILY DWELLING Location of Property: 8100 Horton Lane, Southold SCTM 4: 473889 Sec/Block/Lot: 54.4-31 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 6/9/1973 pursuant to which Building Permit No. 6650 dated 6/11/1973 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: one family dwelling with covered entry, unheated screened porch,unheated and unfinished basement and attached one car garage as per Suffolk County Health Department approved survey,reference number 3S0-72,issued 7/2/1974. This updated Certificate of Occupancy replaces COZ-6010, dated 7/19/1974. The certificate is issued to Fabrizio Derosa&Lucille Goff of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 3SO-72 7/2/1974 ELECTRICAL CERTIFICATE NO. N 164870 6/13/1974 PLUMBERS CERTIFICATION DATED N/A 0 N/ ut&iJid Signature .. FORM NO. 4 112,11 TOWN OF SOUTHOLD [RECEIVED BUILDING DEPARTMENT Town Clerk's Office JUL 2 3 202 Southold, N. Y. ZONING BOARD OF APPEALS Certificate Of Occupancy No. . . . .. . O. . Date . .. . J v L. . . . .. . . . . . . . ., 19�Y THIS CERTIFIES that the building located at N� . .`?.®RrD U. . . :!4, , Street Map No. . . . . . . . . . Block No. . . . . .. .Lot No. .x: . . .-�G v T. H o �b .. ..IV. �. conforms substantially to the Application for Building Permit heretofore filed in this office dated . .. .l!.J.N pursuant to which Building Permit dated . . . . �cl N C_ . . .� � .. . . . ., 19. .'�., was issued, and conforms to all of the.require. ments of the applicable provisions of the'law. The occupancy for which this certificate is issued is . P1e 1 V A 7'6. .. D"'F.. ��`�!.�-' .. . . -DW Li- l N om.. . . . ... . The certificate is issued to .! N V . . . . .i4'. . . . . . . Q W AJC IL . . . of the aforesaid building. (owner, lessee or tenant) I Suffolk County Department of Health Approval JuL a., /S 7 .. t/ . . ( . (,V A UNDERWRITERS CERTIFICATE No. ).V '� 20 1. . .. �,'',";''`.1 3/9.7 y. . . . . HOUSE NUMBER . . . . l.9.0 . . Street . .1d0�?7`-0 N I—A. . . . .. . . . ... . . . . .. . . . . . . . . .... .. . . .. .. ... . . . . . ... . . . .. ... . . ... . . .. .. . . . . .. . . .. . . . . .. . . .. .. . . .. . . . . .. . . Building Inspector . FORM NO. ?i TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED TOWN CLERK'S OFFICE SOUTHOLD, N, Y. JUL 2 3 2018 ZONING BOARD OF APPEALS BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N? 665 Z Date ........................T�.........1.1.......... 19.x .. Permission is hereby granted to: r.th=..zla BQ XA................................................. ......429.. ..lotmM-414. ................................... ...........QUAtJM&t=....... .aX.............................. toBuild_.nex„!one„fami1x..dwe11in8...................................................................................... ................................................................................................................................................................ at premises located at ......$ &....Horton-Xa.....W•.”ySomcl)................................................ .................................................ftathQ.ld.........X•M'......................................................................... ................................................................................................................................................................. pursuant to application dated ......................... T=a.......a.1.......... 1973...., and approved by the Building Inspector. Fee $50...►.3Q............ ........ �$iirtc3ing.I .. .. .. .................... 1 l 'r h { ------ RECEIVED A6xr XULTURAL DATA STATEMENT ZONING BOARD OF APPEALS JUL 2 3 2018 -7-2j i TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an-agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. i 1. Name of Applicant: d"1600 1a0jerONS LANZ ZZC 2. Address of Applicant: V ,pGObN D.�/V�r�,4l� :� Bi�Jy/7.q ®V06 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed'Project: MOV Z O� EJCl1J'/A& 6. Location of Property: (road and Tax map number) P160 ZZggg7Aa 44ANe o S'60rM OZ® //000 --1-4-4-11 7. Is the parcel within 500 feet of a farm operation? { } Yes No -8. Is this parcel actively farmed? { } Yes No 9. Name and addresses of any-owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back /ofthis page if there are additional property owners) Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to, consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. t jo j aiit1d pue131aled❑ :(Xjtoods)laglp ❑ otlunbd ❑ 3anlinota2d ❑ 183103❑ (ut?q.tngns)lletluoptso-d X jutoiowwoo ❑ leulsnpuj ❑ (aanljnotjSv-uou)juin-d❑ uugarl ❑ •uoilou posodoad all mou pue SututoCpu`uo an000 lugl sosn puel lle NoogD 't, salole �L�D Laosuods loafoad ao luleotlddle agl,(q palloaluoo to poumo(saivadoad snon2iluoo (ut putL,arts loofoad)agualole jeloZ•o solou — 4poganlstp 41luotsfgd oq of oSewme jleloZ•q solole— _ Luotlole posodoad all jo alts agl,jo bfualoe juloZ•u•£ /YI :llenoaddu.to ltuuad put:auuuu(s)Xoua5u lstl`sa,L 3I SaA ON L/CouaOV jle;uautulanoS.taglo Xuu tuog Suipunj to jenoaddu `ltuuad e aatnbaa uoilole posodoid oql sao(I .Z .Z uotlsonb of onuquoo`ou,jj Z lied of paaooid put:fltledtotunut oql ut poloajje oq,ileus x ;eql sooanosaa lle;uauluoatnua aq;put:uotlou pasodoad,aq;jo;ua;ut agl jo uotldtuosap antlualuu e goellt;`saA Jj e,uot;ejn2at to `alna antlealstutuzple S3A ON `oouleutpao`mlej luool °weld le jo uotldopu ant;els1201 aq;anjonut Sluo uotlou posodoad all sao(I•l I 70 1-114 s :opoD diZ :01131S b0 7 •p . :ssaappd /,,7' :ouogdojal :losuodS to luuoilddd jo auzej j Tag,4r1t.S (71Xar4 d/Y f1 ISCgS4A4d' 7 W17 *ZZ /f07.S000ddr �N-7>196 � SO �d QHS�o d `s Rev,(a1rcY7 eC WS-MW .7atrcY9 1Y,0 �.S 661 CIRSoSDd d c,rte-gDirZi ,94-7779M9100-Ad- �JV.79g /j 4W Vo4 P79 A49NsNvO 7 01�S"b//z'l �nOH;VY:uotlov poso o.zd jo uoilduosaQ3attg OS 7 7 Od 1 WW-?V-Z?7 70AZZ17IRS -:FIVWd'O (701,f :(dleut uotleooj e goullu put:`agt.zosop)uotluoo7;oofoad 77 -VA 77 M o A 00 i :loafo.td to uotlov Jo Oared uol)uuuojuI aosuodS puu laafold-i lied -cull Xue luautalddns o1 Xluss000u se safud jt?uojltppv goelpe `XouoSu peal all of injosn to�q papaau oq jjtm anatloq noxi gotgm uotleuuoJut jleuotltppe Niue aptnoad oslu 4uua no,I •j lzed ut sutall Ilu alaldutoD •uoilleurtgjut luauno uo posleq olgtssod se Xlqi?notogl se lamsule osuajd`wolf Xule of puodsat Clinj of papaau oq pinom uotleStlsanut to goluosaa jeuotltppe31 •ojq'ejtene flluouno uotlleuugjut uo paseq l laud alajdutoD •uotlleoijtaaA laglatt3 of loafgns aq Xleut pule `matnaa otlgnd ol;oafgns axle`?utpunj to jlenoaddu loj uotluotldde agl,jo laud aut000q sosuodsa-j •I lied 3o uotlaidtuoa aql ao3 aiglsuodsoi si aosuods laafoid to luumiddu aqZ •uolluuuojul laafoad-I pud SIV3ddVAO OWN 9WINO� uilai Luo .�oj suoilan.�lsuI BtuJnr zu.1olluarussassv jv;uawuoatauglJoys g xgpuaddV L— MARNH _ OZ'ZI9 -- RECEIVED 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? JUL 2 3 20113 Iz-6 X b. Consistent with the adopted comprehensive plan? ZONING BOARD OF APPEALS 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes, identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES 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? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: G�(/ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for'providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: / / � N rJEAV C Xy 'ffH 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 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? �✓ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: X 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 `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 YES 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a. Will stone water discharges flow to adjacent properties? NO ❑ YES V b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NOVYES Page 2 of 4 18.Does the proposed action include�o.3truction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? RECEIVED If Yes,explain purpose and size: Y9 09 6It 3 9�19Q v t 19.Has the site of the proposed action or an adjoining property been the wn NO YES solid waste management facility? If Yes,describe: 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 name: Date: 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 I 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?" No,or Moderate small to large impact impact may may occur occur 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)? 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 energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 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 — No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? 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 detennined 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. JUL 2 8 2018 ZONING BOARD Ob Al'i'EA05 ❑ 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 Board of Zoning Appeals Application �Z► RECEIVED AUTHORIZATION JUL 2 3 2018 (Where the Applicant is not the Owner) _ ZONING BOARS 0F APPEALS hkQ'zv-"—&,g #ePoAmme-' residing at S�-Ogg5ooA/ OR)VF. (Print property owner's name) (Mailing Address) 'IUd/4 DV08 do hereby authorize (Agent) _H1 CW,-4-54 A A�1iV CL to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. ,b~ (Owners Signature) K�iy�f.P/N��JC ON ALL (Print Owner's Name) m -- STA TE OF NE W FORK RECEIVE® JUL 2 3 2013 DEPAR T1 SENT OF STA TE ZONING 130ARD OF APPEALS i I hereby certify that the annexed copy has been compared with the original document in the custody of the Secretary of State and that the same is a true copy of said original. WITNESS my hand and official seal of the ••'' ••' •• Department of State, at the City of Albany, seeOF NB I •. t �0� on July 14, 2016. . ti Q • d . �•�f� txc �•~oa �, •i •� ,S Anthony Giardina • �T 5.• Executive Deputy Secretary of State . �IE1V'T ® .• Rev. 06/13 C ry DC-08 ARTICLES OF ORGANIZATION 6 070000 OF J 21 8100 Hortons Lane LLC IVSD Under Section 203 of the Limited Liability Company Law JUL 2 3 2018 ZONING BOARD OF APPEALS FIRST: The name of the limited liability company is: 8100 Hortons Lane LLC SECOND: The county within this state in which the office of the limited liability company is to be located is: Suffolk. THIRD: The Secretary of State is designated as agent of the limited liability company upon whom process against it may be served. The post office address within or without this state to which the Secretary of State shall mail a copy of any process against the limited liability company served upon him or her is: c% Katherine McDonnell 459 Columbus Avenue, Suite 384, New York, NY 10024 FOURTH: The limited liability company is to be managed by: 0 One or more members Q A class or classes of members Q One or more managers Q A class or classes of managers FIFTH: The latest date on which the limited liability company is to dissolve is: IN WITNESS WHEREOF, this certificate has been subscribed July 13,2016 by the undersigned who affirms that the statements made herein are true under the penalties of perjury. -4/f v . arla J.Vinetti Organizer 160713000343 O ARTICLES OF ORGANIZATION OF 8100 Hortons Lane LLCEC��I�D JUL 3 2018 ZONING BOARO OE APPEALS Under Section 203 of the Limited Liability Company Law r� 0 L • - 0- m 1 4 LLl M Ll Ljj .rJ ti STATE OF NEW YORE{ DEPARTMENT OF STATE FILED JUL 13 201 TAX$ Filed By: RY, Colby Attorneys Service Co., Inc. 111 Washington Avenue,Suite 703 Albany, NY 12210 DC=08 DRAWDOWN ® ,ROUTINE ® SAME DAY 24 HOUR ® 2 HO OPERATING AGREEMENT RECEIVED 12�q OF JUL 2 3 2018 8100 HORTONS LANE LLC ZONING BOARD OF APPEALS This Operating Agreement(the "Agreement") of 8100 HORTONS LANE LLC, a New York limited liability company (the"Company"), is adopted and entered into by Michael McDonnell and Katherine McDonnell, its sole members (the "Members",which term shall include such other persons who shall become Members of the Company in accordance with the terms of this Agreement and the Act) and the Company pursuant to and in accordance with the Limited Liability Company Law of the State of New York, as amended from time to time (the "Act"). Terms used in this Agreement which are not otherwise defined shall have the respective meanings given those terms in the Act. WITNESSETH: WHEREAS, in accordance with the Contract of Sale dated June 16, 2016,the Members have agreed to purchase certain real property known as 8100 Hortons Lane, Southold,New York 11971 (the"Real Property"); WHEREAS,the Members formed the Company for the purpose of taking title to and thereafter managing the Real Property; and WHEREAS,the Members wish to set forth their agreement as to how the business and affairs of the Company shall be managed and their rights and obligations with respect to the Company; NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties hereby agree as follows: 1. Name. The name of the limited liability company under which it was formed is 8100 HORTONS LANE LLC. 2. Term. The Company shall continue until dissolved in accordance with the Act. 3. Management. Management of the Company shall be vested in its Members who shall manage the Company in accordance with the Act. Any Member exercising such management powers or responsibilities shall be deemed to be a manager for purposes of applying the provisions of the Act,unless the context otherwise requires, and any such Member shall have and be subject to all of the duties and liabilities of a manager provided in the Act. The Members shall have the power to do any and all acts necessary or convenient to or for the furtherance of the purposes of the Company set forth in this Agreement, including all powers of Members under the Act. 4. Purpose. While the Company may engage in any lawful business permitted by the LLC Law or the laws of any jurisdiction in which the Company may do business, and while the Company shall have the authority to do all things necessary or convenient to accomplish its r '� __1 purpose and operate its business as described in this Section,the Company exists for the principal purpose of owning, operating, managing,maintaining, administering, leasing, mortgaging,pledging, selling and/or disposing of the Real Property, as well as to do all other acts which may be necessary or appropriate in connection with such objectives, and may not conduct any other business without the unanimous consent of the Members. The authority granted to a Member to bind the Company shall be limited to actions necessary, convenient or related to this business. 5. Members. The name and the business, residence or mailing address of the Members are as follows: -I Name Address PECgyVED Michael McDonnell 459 Columbus Avenue, Suite 384 'JUL New York,NY 10024 Z®NING'BOARU NLIS Katherine McDonnell 459 Columbus Avenue, Suite 384 New York,NY 10024 6. Capital Contributions. The Members have contributed to the Company the following amounts, in the form of cash,property or services rendered, or a promissory note or other obligation to contribute cash or property or to render services: Amount of Capital Member Contribution Michael McDonnell .$100 Katherine McDonnell $100 7. Additional Contributions. No Member is required to make any additional capital contribution to the Company. 8. Allocation of Profits and Losses. The Company's profits and losses shall be allocated in proportion to the value of the capital contributions of the Members. 9. Distributions. Distributions shall be made to the Members at the times and in the aggregate amounts determined by the Members. Such distributions shall be allocated among the Members in the same proportion as their then capital account balances. 10. Withdrawal of a Member. A Member may withdraw from the Company in accordance with the Act. 11. Assignments; nights of Assignee To Become a Member. A Member may assign in whole or part his membership interest in the Company;provided,however, an assignee of a membership interest may not become a Member without the vote or written consent of at least a majority in interest of the Members, other than the Member who assigns or proposes to assign such membership interest. 2 RECEIVED JUL 2 3 2018 ZONING BOARD OF APPEALS 12. Admission of Additional Members by the Company. One or more additional Members of the Company may be admitted to the Company with the vote or written consent of a majority in interest of the Members (as defined in the Act). 13. Liability of Members. The Members shall not have any liability for the obligations or liabilities of the Company except to the extent provided in the Act. 14. Exculpation of Member-Managers. A Member exercising management powers or responsibilities for or on behalf of the Company shall not have personal liability to the Company or its members for damages for any breach of duty in such capacity,provided that nothing in this Section 14 shall eliminate or limit(a) the liability of any such Member if a judgment or other final adjudication adverse to,him or her establishes that his or her acts or omissions were in bad faith or involved intentional misconduct or a knowing violation of law or that he or she personally gained in fact a financial profit or other advantage to which he or she was not legally entitled or that with respect to a distribution to Members the subject of subdivision(a) of Section 508 of the Act his or her acts were not performed in accordance with Section 409 of the Act or (b)the liability of any such Member for any act or omission prior to the date of first inclusion of this paragraph 14 in this Agreement. 15. Governing Law. This Agreement shall be governed by, and construed in accordance with,the laws of the State of New York, all rights and remedies being governed by said laws. 16. Indemnification. To the fullest extent permitted by law,the Company shall indemnify and hold harmless, and may advance expenses to, any Member,manager or other person, or any testator or intestate of such Member, manager or other person(collectively,the "Indemnitees"), from and against any and all claims and demands whatsoever;provided, however,that no indemnification may be made to or on behalf of any Indemnitee if a judgment or other final adjudication adverse to such Indemnitee establishes (a)that his or her acts were committed in bad faith or were the result of active and deliberate dishonesty and were material to the cause of action so adjudicated or (b)that he or she personally gained in fact a financial profit or other advantage to which he or she was not legally entitled. The provisions of this section shall continue to afford protection to each Indemnitee regardless of whether such Indemnitee remains a Member,manager, employee or agent of the Company. 17. Tax Matters., The Members of the Company and the Company intend that the Company be treated as a sole proprietorship for all income tax purposes and will file such necessary and appropriate forms in furtherance thereof. The Members shall cause to be prepared and filed all necessary federal and state income tax returns for the Company. Each Member shall furnish to the Company all pertinent information in his,her or its possession relating to Company operations that is necessary to enable the Company's income tax returns to be prepared and filed. 18. Right of First Refusal. If a Selling Member wishes to Transfer his,her or its Interest in the Company voluntarily, the Selling Member shall first offer in writing to sell his,her or its Interest to the other Members. If one or more of the other Members wishes to purchase the Selling Member's Interest(each a"Purchasing Member"),then each Purchasing Member shall notify the Selling Member of his,her or its decision in writing within thirty (30) days after receipt of the Selling Member's offer and the Selling Member and Purchasing Member(s) shall 3 mutually agree on the price to be paid for the Selling Member's Interest. If there is more than one Purchasing Member who timely notifies the Selling Member of his,her or its decision to purchase,then those Members shall purchase the Selling Member's Interest pro rata to the Interests of such Purchasing Members or in such other percentages as such Purchasing Members may agree among themselves. If the Selling Member and the Purchasing Member(s) cannot agree upon the price to be paid within thirty (30) days after the last of the Purchasing Members notifies the Selling Member of his,her or its decision to purchase (the "Agreement Deadline"), then the fair value of the Selling Member's Interest shall be determined by an independent appraiser and that determination shall establish the price to be paid for the Selling Member's Interest. If a purchase price is mutually agreed upon prior to the Agreement Deadline,the Purchasing Member(s) shall have one hundred twenty (120) days thereafter to make payment to the Selling Member. IN WITNESS WHEREOF,the undersigned have duly executed this Operating RECEIVED Agreement as of the I st day of August, 2016. 8100 HORTONS LANE LLC ZONING BOHku ur,-MukAL Y• MicXe nell, 74�-n r B : anne 1 ember 4 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : f?CDQNA&-& &i9�,��/71/.de�__ (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 the other person's or company's name.) L�I TYPE OF APPLICATION: (Check all that apply) RECE�V E® Tax grievance Building Permit Variance Trustee Permit JUL 2 3 ZOjq Change of Zone Coastal Erosion Approval of Plat Mooring BONING BOARD01NNF'�H1�S 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 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) C)an officer,director,partner,or employee of the applicant; or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this Z ay of. ,20IeY Signature Print Name HC DOAlAi2LL APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR.NAME : kbY9CY HIC��,6[ A (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 the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) RECEIVEDTax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion JUL 2 3 2M Approval of Plat Mooring Other(activity) Planning ZONING BOARD OF APPEALS 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 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) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 70 day of jW 201 Signature �� ���, Print Name 11/CR4AZ AZeYA Cle Town of Southold - REcE1vE®--1 LWRP CONSISTENCY ASSESSMENT FORM JUL 2 3 2018 A. INSTRUCTIONS ZONING BOARD OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF 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 malting 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.north fork.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# The Application has been-submitted to (check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. X Board of Trustees 0 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: Nature and extent of action:ReOOV-45- 45XIS7MN6, 1121/4Zn rob 1_ . CaN5,r-RVCr MORY Q&&UM& 2 2v�r-SP)� P606P05Z,0 /9 9 JF Qti 6RAAE AlASWAY 44N,,01A16S1 PRCP05Z�,P W009 6614"WA 14.- PROPOS.-D .f4NITARY AND 09M6el- JYS)Z5H_5 Location of action: _12A �/® Ole-M&S L/.�iV, �ayyw' RECEIVED Site acreage: Q ?'/ JUL 2 2 201 8 Present land use: 9_Z=SZDAN77A L °G BOARD UFApp gL Present zoning classification: 4- 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: Z/O® hOWWAS LAA14, Z,[c (b) Mailing address: Z,4GQQAI. Dej7 E36PMtoq OV09 (c) Telephone number: Area Code O 441 % gqO,'O�'_ (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No1"K"d' 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. Yes ❑ No [—] Not Applicable /j:o�=9 pe4 e 11-c �ti� D�F1EitlT N .4 . �)C/srZW& 0Z e& Spa Com. tv U o �O OCA MAI &V .8&40 WAI& AW DrZlCr�S7 920H .549511A y- AA6__PA4 05 AlfaVIE le A95 AL . 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 ❑ Yes ❑ No Not Applicable I 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 Yes jZS1 No 7 Not Applicable T ARO POSKED 6L EVAMT7 PGL-62Z —& CU/LL 9� c RECEIVED Attach additional sheets if necessary JUL 2 3,2018 NATURAL COAST POLICIES ZONNG BOARD OF APPEALS 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 No Not Applicable 00 WZ&L ,egwAll zE ztV S77 Q2 LI AA ,ogD '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 ;ilNot Applicable AIn 1 RA4 gr 0AJ a44 6Z 40Ag(V U� y �' `sVPe°G� 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. Yes 0 NoiZ Not Applicable .4it1 V1 Gil!/IO�CAWX' GOAD—AL RECD t p6 Ofl ni 4 �aoa4, iv U A 1 U Attach additional sheets if necessary ZONING BOARD OFAPPE AL§ Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes YNo 0 Not Applicable 2 � GV1lL &25 Z 0 G Al 2V,6 NUZ66 Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. 0 Yes No 0 Not Applicable ,�1 ��/�N<�� /�►/ V_a�l�v� �iPD®LJ�m 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 YesX No 0 Not Applicable d U A U s Oc Sr 04 CR CST RZDAnm 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 Al @B B L 43 9 Attach additional sheets if necessary ZONTI JG BOARD OF APPEALS 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. ❑ Yes ❑ No JDX7 Not Applicable 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. [] Yes ❑ No Not Applicable 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. ❑ Yes ❑ No Not Applicable Created on 5125105 11:20 AM sy DEFINITIONS _• jKi E , tems for generating useful electrical energy and recoverable SUMP PUMP. A pump installed to empty a sump. These :e> ;;:approved third-party cert thermal energy that is permanently connected and fixed in pumps are used for removing storm water only. The pump is "',-pr =fication is in the form of i place. selected for the specific head and volume of the load and is :_. requirements of the third- STORM SEWER,DRAIN.A pipe used for conveying rain- usually operated by level controllers. [RB],THIRD-PARTY ' water, surface water, subsurface water and similar liquid [RB]SUNROOM.A one-story structure attached to a dwell- =`> gapproyed testing laborat, axm . in with a glazing area in excess of 40 percent of the gross f" roduct material or s st waste. S S g P g � rP.; Y area of the structure's exterior walls and roof. : ; :. rents. [RB] STORY. That portion of a building included between the upper surface of a floor and the upper surface of the floor For definition applicable in Chapter 11, see Section q [RB] TOWNHOUSE. or roof next above. N1101.6. ';_..b." s'.tructed in a group of thi through h each.unit extends from fc SUPPLY AIR.Air delivered to a conditioned space �" `' [RB]STORY ABOVE GRADE PLANE.Any story having p g } ,r public way on not less the its finished floor surface entirely above grade plane, or in ducts or plenums from the heat exchanger of a heating,cool- = t:.;� = p Y >a :k.`. ( 0- which the finished surface of the floor next above is either of ing or ventilaring system. .:. - TRAP. A fitting, either Q the following: SUPPORTS. Devices for supporting, hanging and securing ;v a`.:,; ,. provides a liquid seal to 1 lc=� ® 1. More than 6 feet(1829 mm)above rade lane. pipes,fixtures and equipment. . � .R> :without materially affect as+ g p `} water throughit. u d 2. More than 12 feet (3658 mm) above the finished SWEEP. A drainage fitting designed to provide a change in 5 ` TRAP ARM. That ortic u o direction of a drain pipe of less than the angle specified by the p ground level at any point. .,:'.z4 ; amount necessary to establish the desired slope of the line. - �,, weir and the vent fitting. [RB]STRUCTURAL COMPOSITE LUMBER.Structural �` .ti Sweeps provide a longer turning radius than bends and a less :r' r :'r, TRAP PRIMER.A devi i9members manufactured using wood elements bonded turbulent flow pattern(see"Bend"and"Elbow"). ."" , together with exterior adhesives. a.r:; '. - water seal in a trap, typic TEMPERATURE- AND PRESSURE-RELIEF (T AND .:,:-.- '' of-the trap would result in Exam les of structural com osite lumber are: ' " ' floor drains. p P P)VALVE.A combination relief valve designed to function t Laminated veneer lumber (LVL).A composite of wood as both atemperature-relief and pressure-relief valve. '-;r` .;' TRAP SEAL.The trap se veneer elements with wood fibers primarily oriented along TEMPERATURE-RELIEF VALVE. A temperature-actu- wf }..' ,: liquid that a trap will re ' the length of the member,where the veneer element thick- P I g ated valve designed to discharge automatically at the temper- weir and the top of the dil nesses are 0.25 inches(6.4 mm)or less. ature at which it is set. ;: ^$ �. [RBI TRIM. Picture me Parallel strand lumber (PSL). A of wood composite " ` :`" P [RB]TERMITE-RESISTANT MATERIAL.Pressure-pre- .r-�-. _ �;rails; door and window fry j strand elements with wood fibers primarily oriented along servative treated wood in accordance with the AWPA stan- ,^N . tective'materials used in f the length of the member,where the least dimension of the dards in Section R318.1, naturally durable termite-resistant wood strand elements is 0.25 inch (6.4 mm) or less and �, pp .3 'pa F. TRUSS DESIGN I wood,steel,concrete,masonry or other approved material. } ,� _�;--�:�� ; their average lengths are not less than 300 times the least of'an individual truss, tha R PT'.1'.,i:...:.. , [RB] THERMAL ISOLATION.Physical and space condi- 3" ' rcharacteristics of the truss dimension of the wood strand elements. tioning separation from conditioned space(s) consisting of ! Laminated strand lumber (LSL).A composite of wood existing or new walls, doors or windows. The conditioned TUBULAR DAYI strand elements with wood fibers primarily oriented along space(s)shall be controlled as separate zones for heating and , houoperable fenestration the length of the member,where the least dimension of the _W Fdaylight from a roof surfac g cooling or conditioned by separate equipment. �=`;"� ' G` wood strand elements is 0.10 inch (2.54 mm) or less and i conduit.The basic unit coy t �j. For definition applicable in Chapter 11, see Section .- g surface, a lig ht-transm their average lengths are not less than 150 times the least !' dimension of the wood strand elements. N1101.6. F ,'; .:surface and an interior-st ' u k `Ceiling panel. The unit n Oriented strand lumber (OSL). A composite of wood [RE] THERMAL RESISTANCE,R-VALUE. The inverse `--.s _ of the time rate of heat flow through a body from one of its strand elements with wood fibers primarily oriented along t: ;;=assembled from a manufa� bounding surfaces to the other for a unit temperature differ- ' YPE,L VENT.A listed the length of the member,where the least dimension of te hence between the two surfaces,under steady state conditions, ; qi "sg6�q I .for ventin oil-burni ` wood strand elements is 0.10 inch (2.54 mm) or less and z,o z, :. g their average lengths are not less than 75 times and less Per unit area(h•ft FBtu)(m K)/W. _ .. = :. ype,-L.vents or with gas than 150 times the least dimension of the wood strand ele- [RE] THERMAL TRANSMITTANCE, U-FACTOR.The coefficient of heat transmission(air to air)through a building ®, `2-- 'hIRE 1,Z1-FA(`TnR_ THFI CMADE PLANE.The code indicates that the grade plane is a reference plane representing the average of the finished ground level adjoining the building at its exterior walls. Under conditions where the finished ground level slopes significantly away from the exterior walls, that reference plane is established by the lowest points of elevation of the finished surface of the ground within an area between the building and lot line, or where the lot line is more than 6 feet (1829 mm)from the building, between the building and a line 6 feet (1829 mm) from the building. Where the slope away from the building is minimal (typically provided only to drain water away from the exterior wall), the elevation at the exterior wall provides an adequate reference point. The method for calculating grade plane can vary based on the site conditions. Where the slope is generally consistent as it passes across the building site, it may only require the averaging of a few points along the exterior wall of a rectangular-shaped building, as illustrated in Figure 202- 12. Where the slope is inconsistent or retaining walls are utilized, or where the bilding � Grade plane is reference.plane representing average of finished ground level adjoining building„ l ztw In this example,'the grade plane is approximately 101,5., ZCt4Jt4G SOARD of APPEALS Floor ationnGraderelev 100 ft ��.----_ ,Grade A-A F.G.96---. F.G. 103 • ( _ Floor elevation 96 103 100 ft 104 -103 406. 4=101.5 , i F.G-.'103'. F.G. 104' Lot lineFigure 202-12 •. ' Lot line.' Torsi:i foot—s041 mm. Grade plane calculation. DECEIVE® 3-L JULiL 2 3 2018 ZONING BOARD OF APPEALS footprint is complex,the determination of grade plane can be more complicated. In such cases, a more exacting method for calculating the grade plane must be utilized. In addition,where fire walls are present,the elevation points should be taken at the intersections of the fire wall and the exterior walls. This definition is important in determining the number of stories above grade plane within a building as well as its height in feet. In some cases,the finished surface of the ground may be artificially raised with imported fill to create a higher grade plane around a building so as to decrease the number of stories or height in feet. The code does not prohibit this practice, and as long as a building meets the code definition and restriction for height or number of stories, the intent of the code is met. See Figure 202-13. 6 ft minor Rif closer 6 ft min or FLif closer Finish grade Finish grade _-_} _ _ - _ Figure 202-13 Use of built-up Original ground surface- ✓ — soil to raise m For s>: I coot-304.8 m. finished grade. It is important to note that for the vast majority of buildings, it is not necessary to precisely calculate the grade plane. In such buildings, a general approximation of grade plane is sufficient to appropriately apply the code. A detailed calculation is only necessary in those limited situations where it is not obvious how the building is to be viewed in relationship to the surrounding ground level. Iz(q RECEIVEL JUL 2 3 2018 ZONING BOARD OF APPEALS 8100 HORTONS LANE LLC k Legend r Write a description for your map. „ +'" ,x� 8100 Hortons Ln Q NkCabe's Town Park Al hr Alk A L 6 lig".� � • f.H. x"w. _r k 4�W � �•S �� -�y � Y A � � �i L4. ♦ iy �z �. 3 i T � -"19' "TOWN, OP HOLD„ PROPERTY RECORD CAR® � OWNER-- STREET ` VILLAGE M DISTRICT SUB. LOT Wc- Fet( �.,`=t` FORMER OWNER N E ACREAGE a ,1 S W ,t {, �f TYPE OF BUILDING ,f"°..f 1, 9' RES. SEAS. I VL. n I FARM .00 COMM. I IND. ' CB. ,,MISC. vv LAND IMP. TOTAL DATE REMARKIonS ' .._ ` f b • 4�. C9Crv��^t 02� c Q 6-0 fav ^t, `vp,7 "'-.. /�/ e>' c7 , ii' v —eO94 ra a-4,5 #. 1Y 4,n d 6-0 G7 Q o ° �1) jrd 64-0 611117.3 j 77 NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value Tillable 1 b -�\'�.:���01�.�- 1'�a3.'�2.cs� � ��� .�_ `t�1C���a•t��,°�, ,,,\�#'�°�� �`�g—+� Tillable 2 f Tillable, 3 Woodland ul _Swampland co Brushl nd House Plot e%? Tcta I t F ■NONE■■■■■■■■■■■■■■■ ■■■■■■■■■■■E■E■E■E■■ �_. � s �� Hw ; NOON■!1■■■E■■■■!�E!■N■ Y-1 53�1,r , . ■■■■■■ !■�sn ■EEO■�31E■■ ■EEE■■■�E��r�� ©NNE■■■ : .. Foundation Basement .. Interior Finish Fire Place Rooms Ist Floor Rooms 2nd Floor s �0 110 co \ EDGE OF DUNE GRASS BEACH CSS II � 1 RECEWED 'JUL 23 20f8 BENC \� 8 ZONING BOARD OFAPPE LS r� BRUSH 00 a /10 � � � zo 8 \o ni ` 11 P8 J � 9— _ I 0 - - - -- �� 0 Y� m EDGE OF BEACH BRUSH,.* �Z O �7 y / 0o O m 0 0 b 4 z O c o 0 �b g o 82' ro a 0 o N� m 0 m 0 � r o N ' I v N ` , .•'...•••;.. .•.•....:.�"•__ 09 :CE UA - �:;;: CONG•.' '_ m 1 �: it S $i••; .` •,,,: ,.. 6 n 14.5G \I 25. ...T.% w'� 19.4' �--.. ,� `:— _— V •••qE fL 13) ❑�1 (Ef; 72) "^ ❑ I N t STORY FRAME ❑zj 6 c s ❑ I w HOUSE & GARAGE + Olt - _ 001 / cl 21.1' N F.FL U ❑ 1 15' ❑1 15,4' L ROOF OVER �' G,FL2fi MAA 1/ CONC. --CONC. PORCH 15,0' O If STEPS 5 1 ,CONC.. 20' D• �OCK �1 ❑ PAD e• °" "JJgCC D ° RECEIVEC JUL 2 3 2018 ` ONING BOARD OF APPEAL'- (1)McDonnell Residence r.• r' ,1M7." '�,. fir/'. +,.: Taken July 17, 2018 Looking NW r T' f 7�py (2) McDonnell Rresidence Taken July 17,2018 Looking West - 1111111 ,.w, F (3)McDonnell Residence Taken July 17,2018 LookW NW RECEIVEL 2` = UAL 2 3 U' ON"VLQ BUARU Ut APPEALS (4)McDonrie■Residence Taken July 17,2018 Looking WNW I P-1 wr -� r � _: ,�.w• xac� n ._" te`'' ' a '` c e (5)M Donnell Residence n Taken July 17,2018 Looking NE t,' C E RE EIV L-1 V t JUL 2 3 2U18 ZONING BOARD OF ANNEALS r r L t n' (6) McDonnell Rresidence Taken July 17,2018 Looking East i ZONING BOARD .r Looking ESE t x 'r a� �.4 � � �- �_►-tea a w`. 1m;Loon Residence 1 Taken July 17, 18 _- • F yr :,l �100- Amt- Al .y 4 I 1 40 NTN LQAR p� p ♦5, • Y ,a • _ J (11)McDonnell Residence' Taken July 17,2018 Looking WNW i f f t }V !/ y �, (12)McDonnell Residence Taken July 17,2018 Looking SSE �VfFOL�� ELIZABETH A.NEVILLE,MMC Town Hall,53095 Main Road TOWN CLERK y� P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER .fi ®t. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: July 27, 2018 RE: Zoning Appeal No. 7214 Transmitted herewith is Zoning Appeals No. 7214 for Katherine McDonnell: ,/ The Application to the Southold Town Zoning Board of Appeals _Z_Applicant's Project Description Questionnaire Agricultural Data Statement Short Environmental Assessment Form Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) __V_LWRP Consistency Assessment Form Notice(s) of Disapproval Board of Zoning Appeals Application Authorization J Certificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) \ Action of the Board of Appeals --7—p Correspondence- Copy of Deed(s) Building Permit(s) Property Record Card(s) Survey/Site Plan �Maps- Drawings Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) _,,!�_Misc. Paperwork- l?:Ot,r r-\Q 14 G,�,� t ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE : JULY 26, 2018 ZBA# NAME OF APPLICANT CHECK # AMOUNT TC DA -(M& 7214 8100 H LoCns Lane 1053 $500.00 JUL 2 7 2018 Southold Tarn Glen~ TOTAL $500.00 Sent via Inter-Office to Town Clerk by: ES Thank you. 1-2/210 1053 ` ? KATHERINE McDONNELL PAY TO THE ��-q� ��'� �8 �� •{'""t""'�+`;T"r'� I W t ORDER OF L V W.I �� V4R9 F Q ?W;. •x„ } e `a . DOLLARS1 w e."no..aaea CHASE 0 JPMChase Bank,NA i IMCorganhase.eoin MEMO 1 Town of Southold " P O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 07/27/18 Receipt#: 246408 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7214 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#1053 $500.00 Mcdonnell, Katherine Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Mcdonnell, Katherine 8100 Hortons Lane Southold, NY 11971 Clerk ID: JENNIFER Internal ID 7214 J eff rey T. Butler9 9 RE® P.C. 206 Lincoln Street Riverhead, New York 11901 631-206-3650 ` Licensed Professional Engineer s� February 4, 2019 �. E D Mr. Mike Kimack S P RE: 8100 Hortons Lane, Southold NY 11971 (SCTM 1000-54-04-31) i Mr. Kimack, The subject property is shown on the Flood Insurance Rate Map (FIRM 36103C0154H) as an AE12. The average existing grade on the property within the buildable area is 6.4' in NAVD 1988. The National Flood Insurance Program(NFIP),which is administered by the Department of Homeland Security,requires that residential buildings constructed in"A" zones have the lowest floor(including basement)elevated to, or above the base flood elevation(BFE). This includes all zones shown on the FIRM as Zones A,AE,A 1-A3 0, AR, AO and AH. In addition,the 2015 IRC Building Code requires that all residential construction be built so that the"lowest floor level"is two feet above the Base Flood Elevation(including basement). These requirements force the lowest floor level, as defined by NFIP to be at or above elevation 14, which is 7.6' above the average existing grade. The Town of Southold defines a story as "that part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher ,finished floor, or if there is no higher ,finished floor, then that part of the building comprised behveen the level of the highest finished floor and the top of the roof beans". There is no specific definition of"finished floor"within the Southold Town Code. The issue at hand is the fact that the space created under the first"Finished Floor", as defined by the NFIP, creates a story within the Town Code, because the space created between the average existing elevation(elevation 6.4), and the required first finished floor elevation (elevation 14),meets the definition of a story due to the proposed stairwell ' enclosure from grade to the first floor. It should be noted that NFIP would not view this as the first floor due to it meeting the criteria for"non-habitable/unconditioned space"and having flood vents installed. A previous decision by this Board (Grella/Osborn-November 6, 2014)found that: "When an existing or proposed new structure is/will be located ivithin a designated flood Zone and therefor must be elevated on pilings for FEMA compliant building construction, the space created by the pilings foundation shall not be considered a "story"so long as it is ik• F f 7 ` � V non-1 labitableAunconditioned, unenclosed or, if enclosed ivith either breakaivay fvalls or lattice." This decision speaks to the issue, but only addresses the proper interruption to a VE Zone,where pilings and breakaway walls are required. In this case,the same issue in terms of"space created"exists due to NFIP requirements,but the pilings and breakaway walls are not a requirement of the NFIP due to the fact that the property is within a AE Zone,which does not have a velocity component to the 100 year flood. Installing piles and breakaway walls would create a financial hardship for the applicant that is not necessary to meet the applicable codes for new construction within an AE Zone. i spectfully Submitted, 3. Butler, P.E. fr I a k k 1 `}t L' 1 i� L `t. n R s i I 3 'E aH ) ll `r 7 NIS MCDONNELL RESIDENCE Street Side View FEB SCTM# 1000-54-04-31 ❑ ---� �i M E R Y L K R A M R �j a r c h t t c c t MCDONNELL RESIDENCE Beach Side View FEB 9 7 2019 J ��� .R'1 a, q M E R Y L K R A M E R SCTM# 1000-54-04-31 ��1111 — a , , h I t _ < /j61> T 1 ba 1-64DUS M E R Y L K R A M E R FEB P 2 2019 >� a r c h i t e c t / vy� I � B . ----- 2 6 0 HORTONS LANE POST OFFICE BOX 1 600 SOUTHOLD, NY 1 1971 6 3 1 - 4 7 7 - 8 7 3 6 m k a r c h i t e c t c o m FOOTPRINT Height(ft) Grade to Ref# TM# Address House Deck/Pool/Path Access. TOTAL ridge 1* 54.-1-18 280 Sunset Path 1044 427 1471 2916" 2* 54.-1-19 240 Sunset Path 1063 154 1217 3311" 3 54.4-33 155 Sunset Path 1250 Not dcmted 1250+ 2319" Applicant 54.4-31 8100 Hortons La. 1425 780 2205 31'10° 4 54.-4-24 2325 North Sea Dr 1810 829 2639 3112" 5 54.4-23 2225 North Sea Dr 1536 616 2152 30'0"+/- 6 54.-5-45.4 2120 North Sea Dr 1664 600 660 2924 32'0" 7 54.-4-19 1725 North Sea Dr 1354 379 1733 338" *See revised Tax Map for location M E R Y L K R A M E R a r c h i t e c t 2 6 0 HORTONS LANE POST OFFICE BOX 1 600 SOUTHOLD, NY 1 1971 6 3 1 - 4 7 7 - 8 7 3 6 m k a r c h i t e c t c o m FOOTPRINT Height(ft) Grade to Ref# TM# Address House Deck/Pool/Path Access. TOTAL ridLe 1* 54.-1-18 280 Sunset Path 1044 427 1471 2916" 2* 54.-1-19 240 Sunset Path 1063 154 1217 3311" 3 54.-4-33 155 Sunset Path 1250 Not dcmted 1250+ 2319" Applicant 54.4-31 8100 Horton La. 1425 780 2205 31'10" 4 54.424 2325 North Sea Dr 1810 829 2639 3112" 5 54.4-23 2225 North Sea Dr 1536 616 2152 30'0"+/- 6 54.-5-45.4 2120 North Sea Dr 1664 600 660 2924 32'0" 7 54.4-19 1725 North Sea Dr 1354 379 1733 33'8" *See revised Tax Map for location .7,f, � ,. Y`Qo Jr—e \t•O M E R Y L K R A M E R a r c h i t e c t 2 6 0 HORTONS LANE POST OFFICE BOX 1 600 SOUTHOLD, NY 1 1971 6 3 1 - 4 7 7 - 8 7 3 6 m k a r c h i t e c t c o m FOOTPRINT Height(ft) Grade to Ref# TM# Address House Deck/Pool/Path Access. 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X , u �t a y A Y rfljl C T7 BOARD OF SOUTHOLD TOWN TRUSTEESDEC `5 2018 SOUTHOLD,NEW YORKZ?/VJ PERMIT NO. 9346 DATE: NOVEMBER 14,2018 ISSUED TO: 8100 HORTONS LANE, LLC PROPERTY ADDRESS: 8100 HORTONS LANE, SOUTHOLD r SCTM# 1000-54-4-31 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in I accordance with the Resolution of the Board of Trustees adopted at the meeting held on November 14, 2018, and in consideration of application fee in the sum of$250.00 paid by 8100 Hortons Lane, LLC and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to demolish existing one-story dwelling with garage,foundation,outdoor shower,porches,steps,cesspool,water well,shed, and stepping stones; backfill disturbed areas; construct an elevated three-story,2,205sq.ft. dwelling with 68sq.ft. of 4'wide on-grade boardwalks; proposed 199sq.ft. of on-grade masonry landings; proposed 48sq.ft. raised equipment platform; install an Innovative& Alternative wastewater treatment system; and install gutters to leaders to drywells to contain roof runoff, and in accordance with Chapter 236 of the Town Code-Stormwater Management; and as depicted on the site plan prepared by Marshall Paetzel Landscape Architecture,dated November 2,2018, and stamped approved on November 14, 2018. I IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of the 141'day of November,2018. y� e n o dsmith-Absent 0 r-- ��l i iy BOARD MEMBERS �F soar Southold Town Hall Leslie Kanes Weisman,Chairperson �� yQ 53095 Main Road-P.O.Box 1179 �O l4 Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing i� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �y�QUMy,N Southold,NY 11971 http://southoldtown.northfork.net 9A e ZONING BOARD OF APPEALS RECEIVED ?�/ a �7 TOWN OF SOUTHOLD QM_d A�� Tel.(631)765-1809-Fax(631)765-9064 N 0 V` 1 3 2914 Sth ZONING�®I��D OF APP949 old Town Clerk 71 VF— FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 6,2014 ZBA FILE: 6789 Interpretation NAME OF APPLICANT: William F. Grella and Gary D. Osborn SCTM:1000-117-7-30 PROPERTY LOCATION: 1200 First Street(adj.to Great Peconic Bay)New Suffolk,New York 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. 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 Aug. 21, 2014. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed construction of more than the code permitted 2 stories is proposed to render-the structure FEMA flood 1 zone compliant, and is therefore CONSISTENT with LWRP policy standards, and therefore is CONSIST-ENT-with-the LWRP. — PROPERTY FACTS/DESCRIPTION: The applicant's property is a 3621 sq. ft. parcel in the MII Zone. The property has 3512 sq. ft. of buildable land: The northerly lot line is adjacent to a single-family dwelling similarly located in the MII Zone. The easterly lot line abuts the waters of Great Peconic Bay. The southerly lot line is adjacent to a larger property currently serving as a boat yard also located within the MII Zone. The westerly lot line lies along First(?) Street. A large portion of the property is located in FEMA flood zone VE el'8, with almost all of the rest of the property located in FEMA flood zone AE el 6. BASIS OF APPLICATION: This is a request under Section 280-146D for an Interpretation of the Town Code,Article III, Section 280-14(Bulk Schedule),and Section 56,and Bulk Schedule 280 Attachment 3 appealing the Building Inspector's August 7,2013, amended and renewed May 19,2014,amended,June 2,2014,amended July 14,2014,revised September 17,2014 Notice of Disapproval for a building permit for partial demolition,reconstruction,additions and alterations to an existing single family,dwelling,at; 1)more than the code permitted 2 stories. Page 2 of 3—November 6,2014 ZBA#6789—Grella/Osborn SCTMg1000-117-7-30 RELIEF REQUESTED: The applicant requests an interpretation of Town Zoning Code Section 280-14, Bulk Schedule 280 Attachment 4,and Section 56,Bulk Schedule 280 Attachment 3 to determine whether the piling structural foundation with non-habitable ground level space required for FEMA :compliant building construction shall be considered a first story, as defined by the provisions of the Southold Town Code, and that limit a principal structure (residential and/or commercial) to 2 stories in specified Zones and to 2.5 stories in other specified Zones that contain properties lying within designated flood hazard areas. BACKGROUND INFORMATION%The file contains a document published Dec. 19,2013 by the NYS Dept.of State,Division of Building Standards and Codes,and designated as a Uniform Fire Prevention and Building Code Technical Bulletin titled"Determination of Stories Above Grade in elevated One-and Two-Family Dwellings in Flood Zone Hazard Areas".This bulletin was reviewed in its entirety by the Southold ZBA during the development of this Southold Town Zoning Code interpretation. As is stated in the subject document,"the purpose ofthis Technical Bulletin is to assist the Code Enforcement Official ("CEO")in determining the number of stories above grade in(1)a new one-or-two-family dwelling in which the lowest floor has been elevated in order to comply with the flood-resistant construction requirements of the Residential Code of New York State(the"2010 RCNYS")and(2)an existing one-or- two-family dwelling that has been elevated in order to comply with the flood-resistant construction requirements of the 2010 RCNYS".Thus,the Bulletin is a tool to be used by the-Building department to exclusively determine whether the installation of a fire suppression system is required for public safety purposes.The Bulletin is not to be used for determining stories for any other purpose. In fact,the Bulletin clearly states: "the number of`stories above grade' in a particular dwelling, as determined pursuant to the guidance provided in this Technical Bulletin,should be used solely for the purposes of the Uniform Code, i.e.,solely for the purpose of determining(1)whether the dwelling is subject to the RCNYS or the Building Code of New York State(the`RCNYS")and(2)whether any particular provision of the RCNYS or BCNYS applies to that dwelling. To the extent that any law other than the Uniform Code(e.g., any local zoning ordinance)requires determination of the number of stories(or stories above grade)of a building, such determination should be made in accordance with the provisions of such other law,and not in accordance with the provisions of the Uniform Code and/or in accordance with the guidance provided in this Technical Bulletin". In accordance with the above,the ZBA will make its interpretation solely on the basis of the relevant Southold Town Code. FINDINGS OF FACT/DETERMINATION: The Zoning Board of Appeals held public hearings on this application on September 4,2014,and on October 2,2014,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.A single family dwelling is a permitted structure within the MII Zone. 2. Southold Town Zoning Code Section 280-56 and Bulk schedule 280 Attachment 4 limits all principal structures in the M1I Zone(and the HB, GB,MI,LIO, and LI District Zones)to a maximum of(2)stories. 3. Southold Town Zoning Code Section 280-14 and Bulk Schedule 280 Attachment 3 limits all principal structures in the AC,R40,R80,R120,R200,R400,HD,RR, RO,and LB District Zones to 2.5 stories. 4.The type of structure subject to this interpretation will contain no cellar or basement space as those terms are defined as cellar or basement in Town Code. Page 3 of 3—November 6,2014 ZBA#6789—Grella/Osborn SCTM#1000-117-7-30 5.The type of structure subject to this interpretation will be elevated on pilings,possibly with a concrete slab floor at the grade level.The pilings will constitute the structural foundation of the structure. 6.The type of structure subject to this interpretation will be located in areas where the structure has to be elevated on pilings so to render the structure FEMA flood zone compliant. 7.A story is defied in Southold Town Zoning Code as"that part of any building, exclusive of cellars but inclusive of basements,comprised between the level of one finished floor and the level of the next higher finished floor,or if there is no higher finished floor,then that part of the building comprised between the level of the highest finished floor and the top of the roof beams". 8. A"finished floor"is not specifically defined in Southold Town Code. DETERMINATION Based upon the FINDINGS OF FACT cited above,and the definition of a story in the Southold Town Code,the Zoning Board of Appeals hereby makes the following interpretation of the code: 1. A floor is not a"finished floor"when it is constructed at grade with a concrete slab floor,as the bottom of an unconditioned non-habitable space of a structure that is located within a designated flood zone,and that is required to be elevated on pilings in order to be compliant with FEMA regulations. 2. When an existing or proposed new structure is/will be located within a designated flood zone and therefore must be elevated on pilings for FEMA compliant building construction,the space created by the pilings foundation shall not be considered a"story"so long as it is non- habitable/unconditioned,unenclosed,or if enclosed with either breakaway walls or lattice. 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 Horning, seconded by Member Weisman(Chairperson),and duly carried,to To APPROVE the DETERMINATION. Vote of the Board.• Ayes: Members Weisman (Chairperson), Schneider, Horning, Dantes, Goehringer. This Resolution was duly adopted(5-0). c Lelie Kanes Weisman,Chairperson Approved for filing/1 /Id /2014 f-_ BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �`e ��® 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �. O �� 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoC®Uh19 �� Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 7, 2019 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, FEBRUARY 7, 2019. 2:00 P.M. - 8100 HORTONS LANE, LLC #7214 — Request for a Variance from Article III, Section 280-13 and the Building Inspector's July 5, 2018 Notice of Disapproval based on an application for a building permit to demolish an existing single family dwelling and construct a new single family dwelling, at; 1) more than the code required maximum allowed two and one-half (2-1/2) stories; located at: 8100 Hortons Lane, (Adj. to Long Island Sound), Southold, NY. SCTM No. 1000 54-4-31. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southo/dtownny.gov Dated: January 17, 2019 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 f ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hqp://southtown.northfork.net January 7, 2019 Re: Town Code Chapter 55 -Public Notices for Thursday, February 7, 2019 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before January 22"d: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to You undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearinq, providing the returned letter to us as soon as possible; AND not later than January 29th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later January 30th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before February 5, 2019. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. TOWN OF SOUTHOLD k1 q ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS P/06 «c (Name of Applicants) SCTM Parcel# 1000- COUNTY OF SUFFOLK STATE OF NEW YORK I, "I ClIAW A. IONA W residing at 104 Ij "C/77V Q"p, AvYll 9>� New York, being duly sworn, deposes and says that: On the 141f day of 'TAA1V 9Y-,,2017, I_personally mailed at the United States Post Office in ;.New York, by CERTIFIED MAIL, RETURNRECEIPT-REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners sliown-on the current assessment roll verified from the official records on file with the{A)Assessors, or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) worn to before me this 2R 'dayof3bLnuO 320101 TRACEY L. DWYER NOTARY PUBLIC,STATE OF NEW YORK ae NO.01 DW6306900 otary Public) QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES JUNE 30,20L?--- PLEASE list on the back of this Affidavit or on a sheet of paper,the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. o I-IOR MUS «ivy V � •1 ~ O. a ov ¢ J'0 el7w Qct �! y 11771 pk• New /71 yo4 pi5t,�,e N Y y-v wtl G/tiA� YvaAI 47. E ry 46 ,VY /pz2 e ,g,ed,ola-YA11 J TM U.S.'Postal Service Postal Service1(�ERTIFIED MAIL@ RECEIPT RECEIPTCERTIFIED MAIL4 I domekic Mail Only Ddri7estic Mail Only i m For.delivery information, i 'For our „ fm Certified Mad Fee $3.45 e� 0 9� I m Certified Mad Fee $3.45 d r� iEr Extra Services&Fees(check box,add teew ate) Extra Services&Fees(check box add tee [I Return Receipt(hardcopy) $ '`'�✓■ ~` ❑Return Receipt(hardcopy $ "'-'• ❑Return Receipt(electronic) $ Postrnark ,� r"� ❑Return Receipt(electronic) $ T0Strtterlc ❑Certdied Mail Restricted Delivery $ er []Adult Signature Required $ JAN_ of 0 Certified Mali ResMcted Delivery $ . 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Service Typed A - ^� iO Priority Mall EXpress® II I Illlll I'll III 111111111111111111,11, IllIIIIIIIIIIIlIIIIII Il I I III z ❑Adult Signature ❑Registered Mal Adult Signature Restricted Delivery [3 Registered Maill Restricted Certified Mail® Return Receipt for ellvery 9590 9402 3554 7305 7990 54 ❑Certified Mail Restricted Delivery ❑Collect on Delivery' Merchandise � l ❑Collect on Delivery ❑Signature Confirmation Restricted Delivery ❑Signature Confirmation 2 Article.Number(Transfer from service labeq ❑insured Mail Resir(oted Delivery � 1450 0001 9 3 3 4 2 410 � ❑Insured Mail Restricted Derivery 4 (over$500) 4 Domestic Return Receipt Ps Form 3811,July 2015 PSN 7530-02-000-9053 it t - � 1, 14 ■ Complete items 1,2,and 3.SENDER: COMP=I—S SECTION A. signature l Agent f ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Ned by(Printed Name) C. Date f Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes �� pJVAI If YES,enter delivery address below: ❑No 5a, 7 II I IIIIII IIII III I II I IIII I II I I I I IIIIIIII I I I I�II 3. Service Type 0 ty Mail' O ❑Adult Signature ❑Registered Mali'm Adult Signature RestrctedDelivery ❑Registered Mail Restricted Certified Mail® Delivery 9590 9402 3554 7305 7990 92 ❑Certified Mail Restricted Delivery W Meurn Ree elpt for ❑Collect on Delivery' ❑Signature Confirmation'*' (I Collect on Debvery Restricted Delivery n._.n,+�^re^I„mhnr/rransfer_from_SeN/Ce_label) 0 Insured Mail 13 Signature Confirmation 1450 00019334 2335 ❑insured Mail Restricted Delivery Restricted Delivey (over$500) PS Form 3811,July 2015,PSN,7530-02-000-9053 ; Domestic Return Receipt i SENDER: COMPLETE THIS SECTION COMILETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A Sign re ��/'''!!!r ,,,� ■ Print your name and address on the reverse X /���V, V(Agent so that we can return the card to you. �i ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Pante Name) C. Date of Delivery- or on the front if space permits. 1. Article Addressed to: D. Is delivery address�if(*!�qGFrom�tem 17 ©Yes If YES,enter elrvery-addresslbelow. [3 No 1,J,4/?y Z-00 y�e G�oie'G/�7 0 'CO&N 7�p �rj�QlOitiS G4N.E J���,4 //971 �019 3.II I IIIIII IIII III I II I IIII I II I I I I IIIIII lt PMall Express@ riority giII IT Ill Adult Restrict Delivery C3 Registered Mall Restric 9590 9402 3554 7305 7991 22 Certified Mall® silvery ❑Certified Mail Restricted Delivery kRetrn Receipt for ❑Collect on Delivery ' Merchandise ^wr^le_N„n+harlTransfer_from-serVlc@iabei) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM' h ❑Insured Mad SignatureConfirmation ' ❑I 7 017 1450 0001 9334 2359 nsured Malt Restricted Delivery Delivery eliRestricted Delive (over$500) PS Form 3811,July 2015 PSN 7530-02-000.9053 Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION ■ Complete items 1,2,and 3. F13. ignature ■ Print your name and address on the reverse -fA ❑Agent so that we can return the card to you. ❑Addressee ! s ■ Attach this card to the back of the mailpiece, ' ive (Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is dell0ery address di Brenn+ri om iterrt 1? C3 Yes U'F"y If YES,enter de very ��s belo ❑No cli IIIIIIIII IIIIIIIIIIIIIII I III III IIIIIIIIIIIIIII Mall Express@ ltPriority lg Registered ❑duSatrreRestrictedDelivery ❑Regi dMall Restricted Ptertified Mels® . Delivery 9590 9402 3554 7305 7991 15 ❑Certifiieded Matl on DeRestricted Delivery AIR Recelptfor 101Collivery Merchandise ; ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation*"' 2_Article Number_(T_ransfer from service label) ❑Insured Mail ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery �7 1450 0001 9334 2311 I (over$500- I_PS_ Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt TOWN OF SOUTHOLD ZONING BOARD OF APPEALS g Do L- ,Ci SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) i Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- 5`1 _ 4 - COUNTY OF SUFFOLK) STATE OF NEW YORK) I, /°?/C/ AL�L At-. lUt%4GYe residing at P. D. gQ�C /DMZ JVJA!V 01Q 1V Y 1)9 7/ ,New York,being duly sworn, depose and say that: On fhe�day of J-AVV .2Y , 201 ?, I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be �,��� ,2009 W (Signature) Sworn to before me this Day of---' rU0A , 2019 TRACEY L. DWYER NOTARY PUBLIC,STATE OF NEW YORK NO.01 DW6306900 QUALIFIED IN SUFFOLK COUNTY otary Public) U COMMISSION EXPIRES JUNE 30,20.,:&k * near the entrance or driveway entrance of my property, as the area most visible to passerby. 14u, Tlt. E UF H E� Rle+li� The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road , Southold : FAME : 8100 HORTONS LANE , LLC # 7214 SCTM # : 1 000-54-4-31 ARIANCEm NUMBER O .F STORIES PEQUESTm DEMOLISH DWELLING AND CONSTRUCT NEW DWELLING SATE : THURS . FEB . 7 , 2019 2 : 00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 #0002303640 STATE OF NEW YORK) �fi1� )SS: ( A5- � COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper,published at Mattituck, in the Town of Southold,County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 01/31/2019 Principal Clerk ctr Sworn to before me this day of D e9 . CHRISTINA VOLINSKI R!ftRY PUBLIC-STATE OF NEW YORK NO,01V06105050 tW01111od in Suffolk County V/b0iftil 11ji%ptles fobwaiy 28,2020 i i. TYPESET: Tue Jan 15 15:56:34 EST 2019 mum side yard setback of 10 feet;2)more The Board of Appeals will hear all persons or LEGAL NOTICE than the code permitted maximum lot cover- their representatives,desiring to be heard at SOUTHOLD TOWN ZONING BOARD age of 20%;located at: 1980 Sigsbee Road, each hearing,and/or desiring to submit writ- OF APPEALS Mattituck,NY.SCTM#1000-144-1-15. ten statements before the conclusion of each THURSDAY,FEBRUARY 7,2019 1:00 P.M. RENEE PONCET AND STE- hearing. Each hearing will not start earlier PUBLIC HEARINGS PHEN FITZPATRICK/CGC BAY- than designated above.Files are available for NOTICE IS HEREBY GIVEN,pursuant to BERRY, LLC (CV) #7242 Request for review during regular business hours and Section 267 of the Town Law and Town Code Variances under Article IV,Section 280-18; prior to the day of the hearing.If you have Chapter 280(Zoning),Town of Southold,the and the Building Inspector's August 28,2018, questions,please contact our office at,(631) following public hearings will be held by the Notice of Disapproval based on adetermina- 765-1809, or by email: kimf@ SOUTHOLD TOWN ZONING BOARD OF tion for lot recognition,at,1)at less than the southoldtownny.gov APPEALS at the Town Hall,53095 Main code required minimum lot size of 40,000 sq Dated-January 17,2019 Road, Southold, New York on ft.,2)less than the code required minimum lot ZONING BOARD OF APPEALS THURSDAY,FEBRUARY 7,2019. width of 150 feet,located at. 702 Wiggins LESLIE KANES WEISMAN, 10:15 A.M.—MGH ENTERPRISES INC/ Lane, (Adj. to Gull Pond Inlet) Greenport, CHAIRPERSON T-MOBILE#7274-Request for a Variance NY.SCTM#1000-35-4-28.36. BY:Kim E.Fuentes under Article XIII,Section 280-56;and based 1:15 EM -KATIE NICKOLAUS,ALEX- 54375 Main Road(Office Location) on an application for a permit to collocate a ANDRA NICKOLAS CARNICOM AND 53095 Main Road(Mailing/USPS) wireless communications facility on subject JAMIE NICKOLAUS#7241—Request for P.O.Box 1179 property at: 1) less than the code required a Variance under Article III,Section 280-15 Southold,NY 11971-0959 minimum side yard setback of 25 feet; lo- and the Building Inspector's August 20,2018 2303640 cated,at-40200 NYS Route 25,(Adj.to Gar- Notice of Disapproval based on an applica- deners Bay) Orient, NY. SCTM# tion for a permit to construct an accessory 1000-15-9-8.1. in-ground swimming pool at- 1) located in 10:30 A.M.-THOMAS AND ROBERTA other than the code required rear yard;located MAGG #7236SE —Request for a Special at-17555 Soundview Avenue,(Adj.to Long Exception under Article 111, Section 280- Island Sound) Southold,NY. SCTM#1000- 13B(13) The Applicants are the owners of 51-1-2. subject property requesting authorization to 1:20 P.M. - FIRST UNIVERSALIST create an Accessory Apartment in an existing CHURCH#7123SE—Request for Special accessory structure, at: 7020 Peconic Bay Exception pursuant to Article HI, Section Boulevard,(Adj.to Great Peconic Bay)Lau- 280-13 B(1)and Article VIH,Section 280-38 rel,NY.SCTM#1000-126-11-6. B(1),the applicant is requesting permission 10:45 A.M.-HOUND LANE,LLC,FISH- to construct a new house of worship building ERS ISLAND#7237—Request for Variances upon a parcel with an existing single family under Article XI,Section 280-49 and Section dwelling and a parish house, located at:. 280-50;and the Building Inspector's August 51970 Route 25,Southold,NY SCTM No. 10,2018,Amended August 22,2018 Notice 1000-63-6-6.1&1000-63-6-6.2. of Disapproval based on an application for a 1:30 P.M -VANSTON BEAR,LLC#7243 permit to alter an existing building into a —Request for Variances under Article)MI, restaurant on the first floor and to construct a Section 280-116A; Article XXIII; Section second story addition for two apartment units; 280-123A;and the Building Inspector's Sep- at.1)the second story addition shall have less tember 20,2018,Amended October 5,2018 than the code required minimum front yard Notice of Disapproval based on an applica- setback of 100 feet;2)the second story addi- tion for a permit to demolish an existing single tion shall have more than the required mini- family dwelling and build a new single family mum 60 linear feet of frontage on one street; dwelling,construct an accessory garage/bam, 3)landscaping area measuring less than the construct an accessory in-ground swimrning required 35%of subject lot,located at•Hound pool,and make alterations to an existing"car- Lane,Fishers Island,NY.SCTM#1 000-12-1- riage house"; at: 1) single family dwelling 7.1. located less than the code required 100 feet 11:00 A.M. - JACK AND BARBARA from the top of the bluff;2)the existing non- STAVRIDIS#7238—Request for a Variance conforming accessory carriage house which under Article XXIII,Section 280-124 and the contains a nonconforming use is structurally Building Inspector's July 25,2017 Notice of altered or moved, unless such building is Disapproval based on an application for a changed to a conforming use;located at-5250 permit to legalize "as built" additions and Vanston Road, (Adj. to Cutchogue Harbor) alterations' to an existing single f=mly Cutchogue,NY.SCTM#1000-111-10-14 dwelling;at- 1)less than the code required 1:45 P.M.-SOUTHOLD SUNSETS,LLC minimum rear yard setback of 35 feet,located #7103—Request for a Variance under Article at- 170 Ruth Road, Mattituck, NY. XXHI,Section 280-124 and the Building In- SCTM#1000-106-5-35 spector's July 31,2017 amended October 10, 11:15 A.M.-S3S LLC,MARTIN KOSM- 2017 Notice of Disapproval based on an ap- YNKA#7239—Request for Variances under plication for a permit to demolish an existing Article XV,Section 280-64 A&C,and Sec- dwelling and construct a new single family tion 280-50; and the Building Inspector's dwelling,at. 1)less than the code required May 25,2018,Amended August 10,2018 and minimum front yard setback of 35 feet,lo- October 16, 2018 Notice of Disapproval cated at 4200 Kenneys Road(Adj.to Long based on an application for a permit to con- Island Sound),Southold,NY.SCTM#1000- struct buildings for a self-storage business;at: 54-4-3. 1) two buildings having less than the code 2:00 P.M.-8100 HORTONS LANE,LLC required minimum front yard setback of 100 #7214—Request for a Variance from Article feet from a right of way,located at:65 Com- 111,Section 280-13 and the Building Inspec- merce Drive,Cutchogue,NY.SCTM#1000- tor's July 5, 2018 Notice of Disapproval 96-1-13 based on an application for a building Hermit 11:30 A.M.-STEVEN CROM 47240—Re- to demolish an existing single family quest for Variances under Article X)MI,Sec- dwelling and construct a new single family tion 280-124 and theBuilding Inspector's Au- dwelling,at,1)more than the code required gust 17,2018,Amended September 18,2018 maximum allowed two and one-half(2-1/2) Notice of Disapproval based on an applica- stories;located at:8100 Hortons Lane,(Adj. tion for a permit to make additions and alter- to Long Island Sound),Southold,NY.SCTM ations to an existing single family dwelling at No.1000 54-4-31 1)located less than the code required mini- BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��0� S�U�yO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes C*43tic Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �lj%UNT`I Southold,NY 11971 http://southoldtowmy.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MEMORANDUM To: Mark Terry, LWRP Coordinator From: Kim Fuentes, Board Assistant Date: October 23, 2018 RE: LWRP Referral—#7214 - 8100 Hortons Lane, LLC SCTM No. 1000-54-4-31 Hi Mark, Please see the attached revised site plan prepared by Stacey Marshall Paetzel, R.A., last revised October 18, 2018. The revision depicts the removal of the boardwalk pursuant to the Board of Trustee's recommendation. According to the applicant,the Trustees will hold a public hearing on this matter on November 14, 2018. The Zoning Board of Appeals public hearing will be scheduled for February 7, 2019. Enclosure: Revised site plan last revised October 18, 2018. BOARD MEMBERS �_ f Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF soUryo 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Robert Lehnert,Jr. G Q ,�. � �p 54375 Main Road(at Youngs Avenue) Nicholas Planamento OI,yOuff � Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN,-OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 MEMORANDUM To: Michael Domino, President, Board of Town Trustees From: Leslie Kanes Weisman, ZBA Chairperson L Date: August 20, 2018 RE: 8100 Hortons Lane, Southold, McDonnell Residence SCTM No. 1000-54-4-31 Attached, please find is a copy of a ZBA application which results from a Notice of Disapproval that identified the proposed demolition and reconstruction of a single family of a three story dwelling to be located approximately 5.7 feet landward of the Coastal Erosion Hazard Line (CEHA). Because of the structure's location, I am requesting that the Board of Trustees conduct a site inspection and proceed with reviewing an application for a wetlands permit prior to scheduling a public hearing before our Board. A letter will be sent to the applicant's representative informing him of our procedure. In addition, the ZBA staff has requested comments from the LWRP Coordinator. Your timely assistance with this matter is greatly appreciated. Thank you. Encls.: Notice of Disapproval dated amended July 5, 2018 Site Plan prepared by Stacy Marshall Paetzel, last revised last revised June 22, 2018. Building Plans by Meryl Kramer, RA, dated July 10, 2018 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson *OF SO 53095 53095 Main Road-P.O. Box 1179 � �!� Southold,NY 11971-0959 Patricia Acampora Office Location: Eric DantesCOOTown Annex/First Floor,Capital One Bank Robert Lehnert,Jr. �pQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento V, OUM� ► Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809-Fax(631)765-9064 August 20, 2018 Michael Kimack Attorney at Law P.O. Box 1047 Southold,NY 11971 RE: 8100 Hortons Lane, LLC i Southold, SCTM No. 1000-54-4-31 Dear Mr. Kimack; We are in receipt of your application requesting that the Zoning Board of Appeals grant variance relief resulting from the Building Department's Notice of Disapproval for new construction of a single family dwelling with proposed non-permitted three stories. According to the survey that you provided, and the Notice of Disapproval dated July 5, 2018, the proposed reconstruction of the single family dwelling will be located approximately 5.7 feet landward of the Coastal Erosion Hazard Line (CEHA). Based upon those documents and the proximity of the improvements to the CEHL,the Board Chairperson requests that your client submit an application for a wetlands permit to the Town Trustees for their determination,prior to our scheduling a hearing. A memorandum has been forwarded to the Board of Trustees affirming this request. Please do not hesitate to contact this office with any questions or concerns. �Siincere1, , Kim E. Fuentes Board Assistant cc: William Duffy, Town Attorney Mark Terry, LWRP Coordinator Mike Domino, Town Trustee BOARD MEMBERS { Southold Town Hall Q (/l 53095 Main Road•P.O.Box 1179 Leslie Kanes Weisman,Chairperson �0�� F $O yOIO Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �, y� Town Annex/First Floor,Capital One Bank Robert Lehnert,Jr. 54375• y0 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��ij'l'ouff Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 D E C E JUL 2 6 2018 July 26, 2018 Southold fawn Mark Terry, Principal Planner Planning Board LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref.No. # 7214 8100 Hortons Lane LLC Dear Mark: We have received an application to demolish existing dwelling and construct new single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-SD is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairper n By: ��'C�►.Q� Encl. Survey/site plan : Nathan Taft Corwin III/January 2, 2018 revised BOARD MEMBERS s°� _�'� Southold Town Hall Leslie Kanes Weisman,Chairperson '�0f soyo 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes 44CTown Annex/First Floor,Capital One Bank Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento 2 mi Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631) 765-9064 July 26, 2018 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #7214 Owner/Applicant: 8100 Hortons Lane LLC Action Requested: Demolish dwelling and construct new single family dwelling. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson /� ,�•��� By: Encls. Survey/Site Plan: Nathan Taft Corwin III January 2, 2108 revised EXISTING TOWN + DEC COVERAGE CALCULATIONS PROPOSED DEC COVERAGE CALCULATIONS PROPOSED TOWN COVERAGE CALCULATIONS Lot Area 31,063 SF Lot Area 31063 SF L I I l , Lot 31,063 SF MCDONNELL Adjacent Area(to CEHL Line) 12,660 SF Adjacent Area(to CEHL Line) 12,660 SF Adjacent Area(to CEHL Line) 12,6601 SF RESIDENCE Allowed Buildable Coverage 2,532 SF or 20% Allowed Buildable Coverage 2,532 SF or 20.1 8100 Horton Lane Existing Residence 1,615 SIF = Southold, New York Existing Front Porch 62 SF Proposed Residence 2,205 SF Proposed Residence 2,205 SF 2,205;SF - — Existing Rear Porch 292 SF 2,114 SF Proposed 4'Wide On-Grade Boardwalks 68 SF ExistingOutside Shower 44 SF 2,5025E _ Proposed On-Grade Masonry Landings 199 SF Total Proposed Coverage 2,205 SF or 17.4% Existing Shed 101 SF Proposed Masonry Apron 30 SF _ Total Existing Coverage 2,114 SF or 16.7% ITotal Proposed Coverage 2,502 SF or 19.8% - W Ij_Q Lu SECOND STORY 06-96 - OVERHANGo _ N/0/F - - N 6) Marshall poetzel — _ PROPOSED RAISED - __- - -' - a' r: EW/ALD KARBINER I - EQUIPMENT i -- TOMITZ - S PLATFORM '' - LANDSCAPE ARCHITECTURE &JOSEPH - __ . - - - _ 3 -- EXISTING EDGE OF EXISTING STEPPING STONES � _ - NORTH FORK HAMPTONS BEACH GRASS(TYP.) TO BE REMOVED(TYP.) C _ + - 5175 Route 48 PO Box 1397 _ ,�D� Mattituck,NY 11952 530 Montauk Hwy,#203 I EXISTING EDGE OF EXISTING FENCE TO 4 `L Amaganseft,NY 11930 CLEARING(TYP.) REMAIN (TYP.) TEST HOLE LOCATION ��� EXISTING DIRT phone: (631)209-2410 DRIVEWAY TO BE fax: (631)315p 5000 n REMOVED email: mail@mplastudio.com TIE LINE ALONG APPARENT HIGH I v I I N - - - - - - - _ _ - -160' - __ WATER MARK ON 06/24/16 � • I I J `ice----------- SURVEYOR: _ ^ �- - -- - -- -- \' _ — — — — — — — — — -- =7 NathanTaftCorwin Land Surveyor - - -- - - EXISTING PORCH+STEPS i EX.WELL TO BE L _ - - - _ _ _ 1586 Main Road — I _-- REMOVED _ EXISTING UTILITY POLE e S64 64°5000"E � - - - -���--�� _ - TO BE � �' / ABANDONED i � ' E(TYP.) - _ Jam sport, NY 11947 34'-1 a, PROPOSED 4'WIDE � - - PROPOSED I/A SANITARY SYSTEM Office: (631) 727-2090 68 SF`\ - - PROPOSED (� WOODN-GRADE Q O�L - - - - - - - - - - -� �/ AS SHOWN BY TF ENGINEERING EXISTING BENCH I 1 _ - 3-STORY �Op�� ON'SEPTIC SITE PLAN OWTS' ARCHITECT: I BOARDWALKS �. - BUILDING "N Z I i - N�� Meryl Kramer Architect EXISTING (621)-477-8736 r FLAG POLE � i 210 Hortons Lane �/ I I 1 - J, - I (- 1 EXISTING CESSPOOL ,� �_ _ -f - J - PROPOSED PRECAST 4.75'x PO Box 1600 Southold, New York 11971 DRYWELL(TYP) TO BE REMOVED % Z~ 8.5'x 2'LEACHING GALLEY EXISTING PORCH+ _ T,J L SEE DETAIL 2 PERMITTING CONSULTANT: STEPS TO BE �. °� Q EXISTING STEPPING EXISTING SHOWER TO Q Mike Kimak I j / 1STONES TO BE J - / REMOVED \ I PROP. // C-) O� (516)-658-6806 (TYP) BE REMOVED - GRAVEL �� v I I / �RE�6VED PERVIOUSO DRIVEWAY- PROPOSED 199 SF ON PLLC SANITARY ENGINEER: +163' _ - l - PRO LANDINGS GRADE MASONRY SEE DETAIL 3 c� 1 = _ POSED 30 TF Engineering, Z ch I -', SF MASONRY P.O. BOX 596 II j EXISTING SHED TO BE ___-� APRON W f EXISTING SAG HARBOR. NY 11963 0 / j REMOVED - �\ _ WATER METER4 T_ O Z� I I I I �� - , 40'-10" -- M O - PROPOSED STRIP DRAIN J PROPOSED PROJECT _ ��� PIPED TO DRYWELL LIMITING SILT FENCE(TYP.) -Q-' ;�- �� b 46; I \��� PROPOSED —, N 56 29'40' W I i 1 -SEE DETAIL 1 _ 7 / 5 3 ENTRY GATE sea - u _ PROPOSED 65 SF SITE DATA: v 1 a� I EXISTING 348.14' 1 MASONRY APRONbo i O 100'SETBACK FROM TIE LINE RESIDENCE TO j SCTM#: 1000-54-04-31 ALONG APPARENT HIGH N101F - BE REMOVED I, 1 Lot Area: 31,063 SF for 0.713 acres) WATER MARK ON 06/24/2016 JAMES J. MURPHY 75'SETBACK FROM TIE LINE &MARGARET ANNE DOW = ALONG APPARENT HIGH 10'WIDE CEHL AS SHOWN WATER MARK ON 06/24/2016 - ON COASTAL EROSION HAZARD MAP NOTES: I 1. Base map information based on survey prepared by Nathan Taft Corwin 18'-0"MAX. C.to C. U dated July 8, 2016. 2. This drawing is for the purpose of 0 < obtaining permits only. NOT FOR CONSTRUCTION. z 05 �1 � _ 3. Unauthorized alteration of this plan is a S � �� �- 4"DIA. SDR 35 PVC TOP OF DRYWELL violation of NYS Education Law. O� ,f PROPOSED STRIP PIPE 2% MIN. SLOPE = EL 5.76 MINIMUM ��� DRAIN WITH (TYPICAL) / CAST IRON GRATE PROPOSED GRADE= EL. 6.76 MINIMUM PERSPECTIVE VIEW ACO or equal � - LEGEND REVISIONS GEOTEXTILE 8"TRAFFIC BEARING TIED TO WIRE FENCING PROPERTY LINE 2018.6.22 FOR DTE IIPTION SAPPROVAL WIRE FENCE 2"x4"OPENINGS O � 0 0 0 � 0 � D CONCRETE SLAB COVER 2018.8.22 REVISED PER COMMENTS IN 48"FENCE POST M E� � 0 [� 0 PICA EXISTING COMPACTED SOIL 8'O.C. 0 0 Q Q 0 DEC LETTER GRAD GEOTEXTILE PRINCIPAL BUILDING SETBACK 2018.10.18 RAISED BOARDWALK TO BE BURIED � 00000 � 00 4.75'x 8.5'x 2' IN GROUND, 0 0 0 0 0 I� o o I� LEACHING GALLEY REMOVED, SANITARY SYSTEM S SHOWN PE I= O � � O I1 � I= 1= DRYWELL NOTE CHANGED PROPOSED WATER LINE cc GROUNDWATER- _ NOTE: ELEV_1 1' MAXIMUM DRAINAGE AREA s.. •-•-•-•+ .----•-._•_._._......._._•_•_..•_•_.— WA COASTAL EROSION HAZARD LINE 5" 1./2 ACRE / 100 LINEAR FEET s e a / 1 1 1 1 1 1 1 1 1 1 1 1 1 FLOOD ZONE SILT FENCE 0T�NCAI CATCH BASIN LEACHING GALLEY DRYWELL / f Section Not to Scale Section Not to Scale ------- EXISTING EDGE OF CLEARING - - EXISTING EDGE OF BEACH GRASS ►1" �"�- .. 00 1 LAWN/PLANTING AREA LINE ALONG APPARENT HIGH WATER f (FF NE "x5"RAW STEEL EDGING MARK ON 06/24/2016 WELD STAKES STAKES + CORNERS (2'- 1"REVEAL) 75'SETBACK FROM APPARENT HIGH TITLE: 1 DEPTH OF WATER MARK 1 8"CRUSHED GRAVEL - + + + + ++++++++++++++++++++++++++ 100'SETBACK FROM APPARENT HIGH - I- - ++++++++++ + + + + + + + + + + + + 6" LAYER OF PERVIOUS NATURAL STONE WATER MARK TEST HOLE DATA _ - + + +I-+ BLEND BASE (4'- 1"CRUSHED STONE) (TEST HOLE DUG BY McDONALD GEOSCIENCE ON NOVEMBER 8, 2017 AT 12:40pm) SITE PLAN + + + + + + + + + + + + + + + + + - -_ - - PROPOSED PROJECT LIMITING SILT FEINCE COMPACTED SUBGRADE EL. 3.3' 0' MIXED SAND AND LOAM 5 --- -- -- - - EXISTING CONTOUR #4 REBAR SPACED 48"ON CENTER 2' PROPOSED CONTOUR AND SET 36"DEEP, WELDED TO EDGING EL. 1.1' PALE BROWN TO COURSE SAND SW I 2.2' - PRINCIPLE BUILDING SETBACK WATER IN „> PALE BROWN TO COURSE SAND SW EXISTING STRUCTURES TO BE REMOVED Q' 81 ')6' 13' ;\ [EXISTING CESSPOOL TO BE REMOVED $COI@ 1/16"=1'-0" A:: EL. 13.0 20.5' HIGHEST EXPECTED GROUND WATER % �_= fBY ROPOSED SANITARY SYSTEM DRAWN BY: -�, ; ENGINEER T.KENNISTON S P 1 TEST WELL No. USGS 405906072110102 S 8843.2 CHECKED BY:A.FOX DATE:2018.06.22 0��R VI U GRAVEL DRIVEWAY PROPOSED LEACHING GALLEY REVISED:2018.10.18 Section Not to Scale L — DRYWELL SHEET 1 OF 2 II -77,14 MCDONNELL r 71-D � ¢ RESIDENCES 8100 Horton Lane ZONING BOARD OF APPEAL.5 _ Southold, New York = I tn a a -w• ch i j_u, SECOND STORY 416.95 `- I QOVERHANG :? 2- N/0/F PROPOSED RAISED 6' marshall pa tzel RBINER - v �� o' � . a Eyi/ALD KA I _ EQUIPMENT a .17 g,JOSEPH TO(uIITZ PLATFORM N LANDSCAPE ARCHITECTURE EXISTING EDGE OF EXISTING STEPPING STONES / _ a s NORTH FORK HAMPTONS BEACH GRASS(TYP.) TO BE REMOVED(TYP.) C _ _- -- -_ 5175 Route 48 PO Box 13911 4 I Mattituck,NY 11952 530 Monta k Hwy,#203 EXISTING EDGE OF EXISTING FENCE TO _ _ 'v ,►�� Amaganse t,NY 11930 �., EXISTING DIRT phone: (631)209-2410 TYP. o S DRIVEWAY TO BE fax: (631)315-5000 CLEARING(TYP.) REMAIN (TYP.) -v � TEST HOLE LOCATION a _ �� - N REMOVED email: mail@mplastudio.com -- TIE LINE ALONG APPARENT HIGH v + 160 • WATER MARK ON 06/24/16 I I Ia i-� - - - - 7 , ---- --� - I _� \1 — SURVEYOR: . — — — — — — — — — — — — — Nathan Taft Corwiri Land Surveyor EXISTING PORCH+STEPS - EX.WELL TO BE L - - - - - - - - _ 1586 Main Road S °50,x"E �� �� - \ TO BE REMOVED _ I ` / ABANDONED EXISTING UTILITY POLE(TYP.) Jamesport, NY 11947 Q /•/ PROPOSED - - - - - -- - - - - PROPOSED SANITARY SYSTEM AS Office: (631) 727-2090±75' _ _ �' i �\ - ►� 4'WIDE 68 �/' - - SHOWN BY TF ENGINEERING ON _ PROPOSED I v SF WOOD Q O�L- - - - - - - - - EXISTING BENCH I 1 - 3-STORY I BOARDWALKS 20\0�� APRSEPIL 23,2018 C SITE N OwTS'DATED ARCHITECT: N Z BUILDING Meryl Kramer Architect v� / �.`� I I EXISTING PROPOSED 4'WIDE 895 SF (621)-477-8736 Q I I 1 _--- I FLAG POLE WOOD BOARDWALK z 210 Hortons Lane F �/ PO Box 1600 Q I EXISTING CESSPOOL ;� L_ - � L_ - PROPOSED PRECAST 4.75'x TO BE REMOVED _ "' I EXISTING F- - 8.5'x 2'LEACHING GALLEY Southold, New York 11971 z - PORCH+ J L — �����`r� -DSEE DEETALL IL 4) PERMITTING CONSULTANT: i I I•/ I,STEPSTO BE - 1z Mike Kimak � EXISTING STEPPING EXISTING SHOWER TO - REMOVED �^ I , STONES TO BE BE REMOVED PROPOSED o (516)-658-6806 I I l REMOVED(TYP.) - I- - _I PERVIOUS p 0 5'-T' /PROPOSED 199 SF ON GRAVEL I� � SANITARY ENGINEER: DRIVEWAY I O GRADE MASONRY JI/! V TF Engineering, PLLC + P.O.W I I 163 PROPOSED 30 BOX 596 LANDINGS in SF MASONRY Ih EXISTING SHED TO BE --_� _ 1 � EXISTING SAG HARBOR. NY 11963 o i I / I REMOVED = - - O Z APRON _ _�-- �� WATER METER U) Z� I I ro ------ ---- 6 PROPOSED STRIP DRAIN O I PROPOSED PROJECT - o \ ��� PIPED TO DRYWELL LIMITING SILT FENCE(TYP.) - -Q- -�� b 46,3„ ��� PROPOSED N 56029'40"W I -SEE DETAIL 1 - o - S ENTRY GATE PRPOSEI ` 65 SF �� MAOSONRYDAPRON O SITE DATA: EXISTING 348.14' 100'SETBACK FROM TIE LINE RESIDENCE TO I SCTM#: 1000-54-04-31 CI oArea: ,063 Sor 0.713 acr s ALONG APPARENT HIGH N1011= BE REMOVED Lt 31 F� �- 1 � I ) WATER MARK ON 06/24/2016 JAMES J. MURPHY = 75'SETBACK FROM TIE UNE &MARGARETANNE DOW ALONG APPARENT HIGH - 10'WIDE CEHL AS SHOWN WATER MARK ON 06/24/2016 -. `s-- ON COASTAL EROSION ` HAZARD MAP I NOTES: I 1. Base map information based c n survey prepared by Nathan Taft Corvvin dated July 8,2016. 2. This drawing is for the purpose of obtaining permits only. NOT FOR CONSTRUCTION. 3. Unauthorized alteration of this plan is a Violation of NYS Education Law, L E G E N D REVISIONS EXISTING COVERAGE CALCULATIONS PROPOSED COVERAGE CALCULATIONS varE DESCRIPTION - - PROPERTY LINE 2018.6.22 FOR DISAPPROVAL Lot Area 31,063 SF Lot Area 31,063 SF Adjacent Area(to CEHL Line) 12,660 SF Adjacent Area(to CEHL Line) 12,660 SF PRINCIPAL BUILDING SETBACK Allowed Buildable Covereage 2,532 SF or 20% Existing House 1,615 SF Existing Front Porch 62 SF Proposed House 2,205 SF 2,205 SF PROPOSED WATER LINE Existing Rear Porch 292 SF 2,114 SF Existing Outside Shower 44 SF Total Proposed Coverage 2,205 SF or 17.4% WA COASTAL EROSION HAZARD LINE s e a 1 Existing Shed 101 SF IIIIIIIIIIIII FLOOD ZONE Total Existing Coverage 2,114 SF or 16.796 Q`�JokSHAzz,,l v F� ------- EXISTING EDGE OF CLEARING Uj — — EXISTING EDGE OF BEACH GRASS (P� 00185A 18'-0'MAX. C.to C. U LL LINE ALONG APPARENT HIGH WATER OF.N EtN O <¢ MARK ON 06/24/2016 F L LU _ 75'SETBACK FROM APPARENT HIGH TITLE' " WATER MARK 4 DIA. SDR 35 PVC TOP OF DRYWELL PROPOSED STRIP PIPE 2% MIN. SLOPE =EL 4.76 MINIMUM 100'SETBACK FROM APPARENT HIGH DRAIN WITH (TYPICAL)—PITCH GRADEPROPOSED GRADE= EL. 6.76 MINIMUM WATER MARK PERSPECTIVE VIEW CAST IRON GRATE ACO or equal �, _ TEST HOLE DATA 8"TRAFFIC BEARING (TEST HOLE DUG BY McDONALD GEOSCIENCE ON NOVEMBER 8, 2017 AT 12:40pm) PROPOSED PROJECT LIMITING SILT FENCE GEOTEXTILE SITE PLA TIED TO WIRE FENCING EL. 3.3 WIRE FENCE 2'k4'OPENINGS O M =1 O 0 0 0 0 0 CONCRETE SLAB COVER ' 0' 48"FENCE POST I= O Q Q O (] 0 O TYPICAL MIXED SAND AND LOAM (5)F5-1- EXISTING CONTOUR EXISTING COMPACTED SOIL 8'O.C: O C-1O E-1 O 0 E-1 0 O2' PROPOSED CONTOUR GRAD EL. 1.1' GEOTEXTILE [� PALE BROWN TO COURSE SAND SW TO BE BURIED 1:31=1 M 0 0 4.75'X 8.5'x 2' 2.2 PRINCIPLE BUILDING SETBACK IN GROUND, M 1=1 =1 =1 1=1M =1 1:3 0 LEACHING GALLEY WATER IN S SHOWN P 0 0 C7 D O D DRYWELL PALE BROWN TO COURSE SAND SW - D L D O D - . :- EXISTING STRUCTURES TO BE REMOVED �9 8' 16, - GROUNDWATER- _77—_ - NOTE: LM MAXIMUM DRAINAGE AREA _ L�'1•_•_•_•_•_' ——- 5„ 13 1/2 ACRE / 100 LINEAR FEET . EXISTING CESSPOOL TO BE REMOVED SCOI6 1/16"=l'-O' SILT FENCE CATCH BASIN+LEACHING GALLEY DRYWELL EL. 13.0 @g1,!CAL 20.5' \ PROPOSED SANITARY SYSTEM DRAWN BY: 1HIGHEST EXPECTED GROUND WATER � BY ENGINEER T.KENNISTON ScNot to Scale SecNot to Scafe TEST WELL No. USGS 4059060721 10102 S 8843.2 CHECKED BY:A.FOX S 1 _ DATE:2018.06.22 F_ � PROPOSED LEACHING GALLEY REVISED: L_ — _j DRYWELL SHEET OF 2 11 �II MEMO To: Memo to File From: Kim Fuentes Date: October 22, 2018 RE: 8100 Horton's Lane, LLC SCTM No. 1000-54-4-31 l This date, we received an amended site plan having a last revision date of October 18, 2018 from Mike Kimack. Mike K. informed me that the Trustees tabled their public hearing until November 14, 2018. Michael A. Kimack Attorney at Law P.O. Box 1047 Southold,New York, 11971 Tel. 516-658-6807 E-mail: mkimack2@verizon.net October 20, 2018 Re: Application for 8100 Horton's Lane, LLC 8100 Horton's Lane, Southold To Zoning Board of Appeals: Attached please find 10 revised site plans for the above referenced application The site plan has been modified by removing the proposed raised boardwalk and identify the proposed septic system as being I/A. Sincerely, &?,AAz iq Michael A. Kimack, Agent �n �r i �a � ?r•-� ZONING BOARD O3 AIPMALS BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF SoUryO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �lyCOU '� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 February 27, 2019 Michael Kimack P.O. Box 1047 Southold,NY 11971 Re: ZBA File# 7214 8100 Hortons Lane, LLC. SCTM No. 1000-54-4-31 Dear Mr. Kimack; Transmitted for your records is a copy of the Board's February 21, 2019 Findings, deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. If you have any questions,please call the office. Sincer, , Ki E. Fuentes Board Assistant Encl. cc: Building Department BOARD MEMBERS OF soar f lal�I��� Southold Town Hall Leslie Kanes Weisman,Chairperson �� /y� 53095�Main Road•P.O.Box 1179 h0 �O Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Town Annex/First Floor, Robert Lennert,Jr. 5437.5 Main Road(at Youngs Avenue) Nicholas Planamento . O`yC�� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS '- August 24, 2620 TOWN OF SOUTHOLD - Tel.(631)7651-1809 •Fax(631)765-9064 Michael Kimack P.O.Box 1047 Southold,NY 11971 Re: Appeal No. 7214 8100 Horton's Lane, LLC, Southold SCTM No. 1000-54-4-31 Dear Mr.Kimack; At the regular meeting of the Zoning Board of Appeals on August 20,2020,the Board reviewed,your August 14, 2020 request seeking a reversal of the de minimus denial for the above-referenced property. As stated in the denial, de minimus approvals are based upon very minor changes to the architectural plans and surveys stamped as ZBA approved,filed with the Town Clerk, and sent to the Building Department. In this'instance,the Board, again,concluded-that the new architectural design is not a de minimus change from what was previously approved and the denial is upheld. Please contact our office for any additional questions or concerns. S' ly, eslie Kae Weisman Chairperson cc: William Duffy,Town Attorney Michael A. Kimack ATTORNEY AT LAW P.O. Box 1047 Southold,N.Y.11971 RECEIVED Cell No. 516-658-6807 a 220 E-mail: mkimack2@verizon.net AUG August 14, 2020 Zoning Board of Appeals Re: ZBA File#7214 8100 Hortons Lane, LLC, Southold SCTM No. 1000-54-4-31 Response to Denial of De Minimus Request To: Leslie Kanes Weisman, Chairperson Dear Ms. Weisman I am in receipt of your letter of August 7, 2020, wherein you presented your reasons to not consider the new architectural drawings as not being De Minimus in the changes in comparison to the previous architectural plan that had received your approval. - My clients retained the services of a new architect because they became unhappy with the very factor you have based your denial on; the openness of the ground floor versus the mass of the structure. They wanted a more open area without adding to the overall mass of not only the ground floor, but the building as a whole. The following represents,a factual analysis of your reference in the denial letter that an important actor in granting approval was the"visually porous non habitable ground floor and the delicate massing of the previous architectural plans, ... which was in keeping with the neighborhood, while not appearing out of scale. You further stated that the present proposed design is a far bulkier design, thereby having a greater impact on the road and in the neighborhood. This analysis could not be further from being accurate. You used two words to describe how the Board granted approval for the previous design: porous and bulky. To put the words into an interactive relationship, I would say the `porosity (porous), or void fraction (voids), is a measure of the void spaces in a material (mass), and a fraction of the volume of voids over the total volume. To assist in proving your analysis was in error, attached are two sets of architectural plans of the new residence with the first sheet being a comparison with the previous approved design. Previous Design Enclosed area(mass) = 1045 sf. ( 57.3 % of total) Open space area(voids) = 780 sf. (42.7 % of total Total Ground Floor sf 1825 sf Present Design Enclosed area(mass) = 895sf (45% of total) Open space area(voids) = 1090sf ( 55% of total) Total Ground Floor sf 1985 sf It is self evident that the new design has 12% more open space, voids (3 10 sf) and 12% less enclosed area, mass (150 sf),thereby being more ` visually porous"than the previous design. The "massing of the volumes" as referred to in your letter, I assume is the differentiation in the footprint layout between the previous and current of the building within the buildable envelope. In order to achieve more open space on the ground floor, and not exceed the envelope, it became inevitable to utilize a greater portion of the envelope. To be clear, we are in conformance by assuring no code setbacks are violated, coverage is not exceeded, and no height variance is required. I believe my client's have the right to utilize the restricted envelope to develop a house plan to their life style. We disagree that the proposed design has a much greater impact on the road and in the neighborhood. Coming down Hortons lane, the proposed dwelling will be shielded by the crop of existing vegetation and proposed added vegetation. First,the proposed house has been further moved back from the CEHL line by some 6 feet from the previous design. That was done to minimize further any disruption to the primary and secondary dunes during construction. Taken in context, if the previous design was moved landward 6 feet, it would place the southeast corner equivalent to the proposed designs location on the curve. That places the proposed design at the garage some 21 feet closer to the road at that portion of the design. Bear in mind that a majority of the proposed building is set further back on a staggered line. We don't believe that 21 to 27 feet of the proposed design being placed in the triangle of the envelope changes, in any significant way, the visual impact of the proposed house from Horton Lane and specifically from any surrounding homes. Moreover, the proposed building width is 5 feet less than the previous design. The height is the_same. The mass of the new design's exposure to cars and/or people viewing same from Horton Road would not have any measurable difference. Bear in mind that this is a flat roof design with parapets. Your own code maximizes a building height to the top of the roof. My clients chose this design not only because it matched their aesthetic values, but the choice of an A line roof would have raised the outline significantly and legally. The visibility factor , in this case, does not change by mere distance alone. In summary, the new design exceeds the standard of a more visual ground floor that you approved with the prior design. The overall square footage of the new design is essentially the same as the previous design and therefore the same mass, albeit in a different configuration for the reasons stated above. In closing, I believe the Board would be creating a totally minor review if we are forced to revisit your granting of a third floor variance based solely the subjectivity of whether the new design somehow projects a greater mass to the Horton road way or the neighborhood. It does not. It is difficult enough to work with a significantly limited space to build within, but when that is accomplished without having any other variances, my client should not be further burdened with a subjective analysis of visual impact that becomes a personal choice of the members that would not be based on a distance factor, but the new configuration.,. Bear in mind, we already presented to the Board, the eclectic nature of the "neighborhood" that this proposed design and mass is not out of keeping with. Given that we believe the Board mis characterized the new proposed design with the criteria they imposed on the previously approved design, we respectfully ask you to reconsider your denial and grant a De Minimus decision to the new design. Sincerely, Michael A. Kimack BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson h0��o� S�UTyOI 53095 Main Road•P.O.Box 1179 O Southold,NY 11971-0959 Patricia Acampora [ Office Location: Eric Dantes G Q Town Annex/First Floor, Robert Lehnert,Jr. �� �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ���'�� �`t•'` Southold,NY 11971 http://southoldtownny.gov � ZONING BOARD OF APPEALS Co r August 7,2020 TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 Michael Kimack P.O.Box 1047 Southold,NY 11971 Re: De Minimus Request Denied,File# 7214 8100 Hortons Lane,LLC, Southold SCTM No. 1000-54-4-31 Dear Mr.Kimack; , We are in receipt of your correspondence received July 16,2020 requesting a de minimus approval to construct a -single family dwelling upon theabovereferenced premises. In-your letter, you,indicated that-the applicants employed a different architect to draft plans for the new dwelling which replaces the original design that was approved by this Board. You further explain that the footprint configuration is situated within the approved setbacks by this Board,the height of the natural grade at 34 feet is still below the maximum allowable height, lot coverage is essentially the same as.the prior approved design,the ground floor will remain non-habitable and that a sprinkler system will be installed in conformance with the State Building code. After I forwarded your letter,the new architectural plans and renderings, and the prior ZBA determination (No. 7214,dated February 21,2019)to the Members of the Board of Appeals for their review,we discussed your-request at our Regular Meeting on August 6,2020. As you will recall,the Zoning Board granted relief for a proposed new - single-family dwelling with a non-conforming third story with the ground level to be used as non-habitable storage, elevated to FEMA compliance in a high-risk flood zone,but landward of the Coastal Erosion Hazard Area on this waterfront properly. An important factor in granting approval for the third floor was the visually porous non- habitable ground floor and the delicate massing of the previous architectural plans, which the Board believed offered a solution that was in keeping with the character of the neighborhood while not appearing out of scale so close to the curved section of Horton Lane.It is the Board's opinion that the massing of the volumes in the proposed new design is far bulkier-than the approved plans,and will therefore have a much greater visual impact on the road and in the neighborhood. De minimus requests are typically granted for very minor changes from approved surveys and/or architectural plans. In this instance, what is now being proposed is totally different from the architectural plans that were approved.Therefore,the Board has determined that your request is not de minimus in nature.If you wish to proceed with the new architectural plans you will need to return to the Building Department to obtain a new Notice of Disapproval, and then apply to the ZBA with a current survey or site plan and architectural plans prepared and stamped by a design professional. Please contact our office for any additional questions or concerns. S'aslieKann es Weisman Chairperson/Department Head CC: Michael Verity,Building Department Michael A. Kimack ATTORNEY AT LAW P.O. Box 1047 Southold,N.Y.11971 Cell No. 516-658-6807 E-mail: mkimack2 verizon.net July 16, 2020 Re: ZBA File 7214 8100 Horton's Lane LLC 8100 Horton's Lane, Southold 1 SCTM No. 1000-54-4-31 Request for De Minimus Letter To Zoning Board of Appeals Leslie Kanes Weisman, Chairperson Dear Leslie: The owners of the property found the original architectural design not to their lifestyle and decided to employ a second Architect (Barnes and Coy) to redesign their proposed house. Enclosed find two (2) stamped architectural plans for the new dwelling for your review. I had been in close communication with the Architect from the beginning of the re design and stressed that there were limit and conditions imposed by your Board in the issued permit that were required to be adhered to as follows: 1. The new footprint configuration is situated within the building envelope and conforms to the required setbacks. In the case of the side yard setbacks, they were both increased ( see setback dimensions -A2.0) 2. The proposed building height from natural grade of 34 feet is below the maximum allowable height of 35 ft. 3. The proposed dwelling will have a coverage of 2,521 SF, or 19.9%. The original dwelling to be demolished has an existing coverage of 2,114 SF or 16.7 % ( see chart- A 2.0 ). While the permit references 2205 SF, it did not recognize 68 SF of on grade boardwalks, 199 SF of on grade masonry landings and 48 SF of a proposed raised equipment platform (eliminated in the new design). With those added components, the total approved coverage was2,520 SF. The new proposed total coverage is 2,521 SF (see chart A—2.0 ). Although the design offers a different architectural style and footprint, the proposed coverage is essentially the same. Attached find a copy of the trustees permit for your reference. . 4. A Health Dept. permit for an I/A system was previously granted. However, the new layout caused the I/A system to be relocated and an application to amend the permit has been submitted in accordance with condition 1. 5. The new design maintains that the ground floor remain non-habitable and unconditioned space as required by condition 2. 6. The Architectural plans have been noted on each page that a sprinkler system will be installed in conformance with the Fire Marshall's code and your condition 3. I respectfully request you issue a di minimus letter in that the proposed new dwelling design is in conformance with the limitations and conditions imposed by permit file No. 7214. Sincerely, Michael A. Kimack, Agent Fuentes, Kim From: Michael Spitaleri <mspitaleri@barnescoy.com> Sent: Thursday, July 23, 2020 4:08 PM To: Fuentes, Kim Subject: RE: 8100 Hortons Lane Set Hi Kim, Per our conversation regarding the OWTS,system for the above property, the septic system will•be a Hydro-Action AN500C Series OWTS and is located adjacent to the stair landing next to the covered patio as indicated in the site below. I sincerely apologize for the confusion and hope this will clear up and discrepancy. Thank you very much. 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Please resubmit a PDF with the placement of the septic. Thank you. 2 Kim E. Fuentes Secretary to the Zoning Board ofAppeals Town of Southold 54375 Main Road Southold,NY 11971 631-765-1809, Ex. 5011 E-mail:kimf@southoldtownn .gov Mail to:P.O. Box 1179, Southold, NY 11971 From: Michael Spitaleri [mailto:mspitaleri@barnescoy.com] Sent: Tuesday, July 21, 2020 6:34 PM To: Fuentes, Kim Cc: Christopher Coy; mkimack2(?Dverizon.net Subject: 8100 Hortons Lane Set Good afternoon Kim- Per your request, I have attached a pdf of the architectural set for the property at 8100 Horton Lane. Please do not hesitate to let us know should you need anything further. Thank you- Michael Spitaleri AIA BARNES COY ARCHITECTS 631.537.3555 1936 Montauk Highway PO Box 763 Bridgehampton, NY 11932 124 E 40th Street Suite 1102 New York, NY 10016 www.barnescoy.com ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 3