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HomeMy WebLinkAbout7242 Rake, 102. VJ WAiY15 Large. Ze, ; jut WAS In mob ho NW7 ie ��� ( x,12 *f) and r . adz l tq *pr, e`1 CHECK BOXES AS COMPLETED ( ) Tape this form V ( ) Pull ZBA copy of 1 � o Q 0 ( ) Checks file boxes a '; N M ( ) Assign next num .outside of file fo c ( ) Date stamp enti m -n -0C7 � -n w o o file number 3 X o v rn v m N) :3 %D . . =3 < CO ( ) Hole punch end = a, cD cD0Fn cc , (before sending v = c �- cc. i CD Create new inde 0 4, z 0- N < m v :3cu ( ] Print contact inf .� CD Cr ( - ] Prepare transmi o co ( ] CD Send original api o I to Town Clerk " 1 ( ] Note inside file f C and tape to insic o I ( ) Copy'County Ta> ° -n neighbors and A 3 `D ( ) Make 7-copies a►, ( ) Do mailing label N I f ' Co PI ►oI i-1 19 - w,30W IYD l id BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��®� S®�T�® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CA Town Annex/First Floor, Robert Lehnert,Jr. �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®lac®U Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD � Tel.(631) 765-1809•Fax(631) 765-9064 �D 9 n Clerk &Old FINDINGS,DELIBERATIONS AND DETERMINATIO SouDow MEETING OF FEBRUARY 21,2019 ZBA FILE# 7242 NAME OF APPLICANT: Renee Poncet and Stephen Fitzpatrick PROPERTY LOCATION: 702 Wiggins Lane, Greenport,NY SCTM No. 1000-35-4-28.36 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 October 30, 2018 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: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject of this application is a non-conforming 20,120 square foot waterfront parcel located at 702 Wiggins Lane consisting of what was originally identified as Suffolk County Tax Map Parcel numbers 1000-35-4-8 and 1000-35-4-9 (hereinafter referred to as "the underwater portion") and parcel identified as Suffolk County Tax Map Parcel number 1000-35-4-28.34 (Collectively referred to as "the subject property"). The subject property was improperly created by a deed transfer in 2008 when the underwater portion and the upland portion were transferred to the same owner in the same deed. The subject property runs 112.55 feet along Gull Pond Inlet, 103.23 feet along Wiggins Lane, 196.19 feet on the north side and 178.20 feet on the south side. The parcel is improved with a wood bulkhead and metal ramp with floating dock. All is shown on a survey prepared by Nathan Taft Corwin, 111, LLS, dated February 22, 2018. TOWN OF SOUTHOLD PLANNING BOARD: This application was referred to the Planning Board for their comments. In a memorandum, dated January 16, 2019,the Planning Board indicated their support for the granting of the necessary variances, and noted that, although this application is unique, the underwater portion of the subject property is located in a privately owned manmade canal and the that upland parcel is non-conforming in size and will be made less nonconforming if the variances granted and re-subdivision approved. BASIS OF APPLICATION: Request for Variances from Sections 280-18 and the building inspector's August 28, 2018 Notice of Disapproval based on a determination for lot recognition at 1) at less than the code required Page 2, February 21, 2019 #7242, Poncet-Fitzpatrick SUM No. 1000-4-28.36 minimum lot size of 40,000 square feet and 2) less than the code required minimum lot width of 150 feet located at: 702 Wiggins Lane, (Adj to Gull Pond Inlet) Greenport,NY SCTM# 1000-35-4-28.36. RELIEF REQUESTED: The applicant requests variances to legalize the conveyance of the underwater portion of the subject property. This conveyance will not change the buildable area used to calculate lot coverage and the newly formed lot will be less nonconforming than the original lot that consisted of only the upland portion of the subject property. The applicant originally made an application for "lot recognition"; which if granted, would mean that this Board would be overruling the determination by the Building Department that the lot was not a recognized lot under the Town Code. In reviewing the history of this application, and in discussions with the applicant's representative at the public hearing, the Board determined that the correct process for legalizing the subject parcel is to grant area variances for the non-conforming lot size of 20,120 square feet where the code requires a minimum 40,000 square feet, and a lot width of 103 feet where code requires a minimum of 150 feet. Thereafter, the Planning Board may proceed with applicant's re-subdivision application which, if granted, would result in a legally created, recognized lot under the Town Code. ADDITIONAL INFORMATION: On January 27, 1999, the applicant received a variance on the upland portion of the subject property for a proposed new dwelling with a front yard setback of 24.4 feet from the northerly property line abutting the private Right of Way, where the code requires a minimum front yard setback of 35 feet. (Appeal No. 4621). At the time of the decision, the upland portion of the subject property was particularly known at SCTM No. 1000-35-4-20. The subdivision reference of"Map of Fordham Acres, Section One" upon survey prepared by Nathan Taft Corwin, 11I, LS, does not identify the subject lot, but refers to the lots from which underwater portions, subdivision lot nos. 12 & 13 (particularly known as SCTM Nos. 35-4-8 & 9), were conveyed. 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 4267-b(3)(b)(1). Grant of the variance will not produce any change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of dwellings of various sizes on generally irregularly shaped lots off of a private, undeveloped road. The subject property would be a building lot with the same buildable area as the original upland portion of the subject property. 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 area variances. Even with the additional lands proposed to be merged, the resultant lot width and size will remain non-conforming\and variances must be obtained before the Planning Board can grant a re-subdivision which will create a legally recognizable lot. 3. Town Law &267-b(3)(b)(3). The variances granted are mathematically substantial, representing 49.7% relief from the code for lot size and 31.3% relief from the code for lot width. However, the granting of the requested variances and the approval of the aforementioned re-subdivision by the Planning Board will result in a lot that has the same lot width as the previously recognized upland portion of the subject property and a lot that has an area that Page 3, February 21, 2019 #7242, Poncet-Fitzpatrick SUM No. 1000-4-28.36 is less nonconforming than the previously recognized upland portion of the subject property, while at the same time not increasing the buildable area.. 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 and based upon the Board's inspection of the property the Board has concluded that the granting of the variances will not 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. 5. Town Law M7-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the subject property and accepted a deed purporting to join the upland portion and underwater portion without benefit of Planning Board approval 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 subject property under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a larger building lot 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 Dantes, seconded by Member Weisman (Chairperson), and duly carried,to GRANT the variances to allow for less than the required lot size and width, as shown on the survey prepared by Nathan Taft Corwin, III, LLS, dated February 22,2018. SUBJECT TO THE FOLLOWING CONDITIONS: 1) Conveyance of the underwater land with the subject lot will not change the building area calculations; therefore,Zoning Board of Appeals decision No. 4621 which granted relief for an insufficient front yard setback for a proposed new dwelling, dated January 21, 1999,will still remain in effect. 2) The applicant must receive Planning Board approval for a re-subdivision application for the subject property as shown on the survey prepared by Nathan Taft Corwin, III, LLS, dated February 22, 2018 within two (2)years of the date of this determination. 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 #7242,Poncet SCTM No. 1000-35-4-28.36 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) C4 4` Leslie Kanes Weisman, Chairerson Approved for filing A /d,5"—/2o19 SURVEY OF PROPERTY SITUATE GREENPORT � TOWN OF SOUTHOLD s.r... �E2 SUFFOLK COUNTY, NEW YORK it „ ; 01 S.C. TAX No. 1000-35-04-28.36 NG SER ROAD) ''� '� SCALE 1"=30' FEBRUARY 22, 2018 «>PPEALSS�S J Y � LOT COVERAGE OVER LOT AREA LANDWARD OF BULKHEAD LOT AREA LANDWARD OF BULKHEAD = 12,982 TOTAL AREA = 200 2 s c . ft. O 0 I11.R� DESCRIPTION AREA X LOT COVERAGE x11.6 / 12.4\ / XHOUSE W/PORCH 1,960 sq. ft. 15.1% �L1 U; y � '\96• OKEN 1� V_ DECK/PORCH 160 sq. ft. 1.2% NOTES. 1• ELEVATIONS / x LLD Eo�Nc°ON� 1�0. � OUTSIDE SHOWER 25 sq. ft. 0.2% EXISTING G AREFERENCED E EVATIONARE SHOWN THUS9AKX 88 DATUM 11.4 124 (� EXISTING CONTOUR LINES ARE SHOWN THUS:-----XX----- 2,145 aq. ft. 16.5% AFL- GARAGE- FIRST FLOOR 0RAAGE FLOOR T.B. - TOP OF BULKHEA B.B.- BOTTOM OF BULKHEAD lop \\ \ N \ / B.W.- BOTTOM OF ALL JSAN\ \ ,\ x11.3 11•gx \ K 2. FLOOD ZONE INFORMATION TAKEN FROM: No e0N• :':;: FLOOD INSURANCE RATE MAP No. 36103CO176 H cow ZONE AE: BASE FLOOD ELEVATIONS DETERMINED ZONE X: AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. rho Q` OPS\�1Q.4 :::::: ._; O NEST HOLE ` \ \� 3. MINIMUM SEPTIC TANK CAPACITIES FOR 5 BEDROOM HOUSE IS 1,500 GALLONS. g �P !� 1 TANK; 5' LIQUID DEPTH, 8' DIA. B4 \ p 1 ar,` MINIMUM LEACHING SYSTEM FOR 5 BEDROOM HOUSE IS 400 sq ft SIDEWALL AREA. \ ,' {..�•': \ ^ TEST HOLE DATA 4 LEACHING GALLEYS; 8.5' LONG, 4.75' WIDE, 4' DEEP PROVIDED BY OTHERS F---I L--J PROPOSED FUTURE 50X EXPANSION GALLEY 0. :: 4 :.:.o<;« : +`•'4pr i' • ' G TOP SOIL PROPOSED 8.5' LONG x 4.75' WIDE x 4' DEEP LEACHING GALLEY \ '!- x \ x ••.•::, :•::: :i•.:•::Q ':.:.'.:: : . :y`Q�.: ..•\•. \ �O SANDY LOAM & GRAVEL O O PROPOSED 1,500 GALLON SEPTIC TANK 2.5' F �'•.:•',.:::.�::.�:.;�::. ''�'•. \ 4. ALL HOUSES WITHIN 150' ARE CONNECTED TO PUBLIC WATER. b \ �aQ �q� ;::::::,�::::::::�'n;'` • ,� F°Mo ' �� 5. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD O° �' 4JjsJ. �( `" "':" / QN0• �,,2 SAND&GRAVEL OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. - •'•'•'•:?•'''' "� \ G \ HIGHEST EXPECTED GROUND WATER + \ 2.6' ------ -8.7' 1' ABOVE AVERAGE HIGH WATER MARK 6. ANY WETLAND BOUNDARIES SHOWN ARE SUBJECT TO VERIFICATION -- cF , HIGH WATER ELEVATION 1.6' BY NEW YORK STATE AND/OR OTHER REGULATORY AGENCIES. X 0 EL -03 r O � ... $� N . 11.e O n �+ C Q 54,5 \�\ WATER IN SAND & GRAVEL 4 �Qac s o CP V_ A 0 o 0'F PROPOSED SEPTIC SYSTEM DETAIL /0/1 F'R Gyy�3 HOUSE (NOT TO SCALE) ` O + O �s SN� � ELEV.1¢Q FINISHED GRADE FINISH GRADE syn- "�� ro •� 6�°0°� C&A S Nt1 �P�R °9�°,G°9 Er-2�dia18 LOCKING, WATERTIGHT & INSECT PROOF ELEV. 11.5' ,DE -PRECAST RiED 1 REINFORCED EIN fi RCE.nD. CONCRETE ONCRE mC�OVER s2 -��� ,�\ O a S E ��•'L1' MIN. TOP EL. 10.5' 1' MIN. '4. O��+� !�� TOP EL 11.8' SEPTIC " MIN. 4" DIA. 6" �G APPROVED PIPE TANK APPROVED PIPE LEACHING L LE T 3'SAND CLEAN INV. EL.\ min. PITCH 1/4"/1' INV. n min. PITCH 1/8"/1' G pI I FV GALLEY COLLAR 11.1 EL 10.8' INV. EL INV. EL. 9.7' o 10.3' ; 8' 8 "� HIGHEST EXPECTED GROUND WATER z - -- - ELEV. 2.6 OG SEPTIC TANK (1) BOT. EL. 4.6' BOT. EL 6.0' GROUND WATER T ELEV. -0.3 I 1. MINIMUM SEPTIC TANK CAPACITIES FOR A 5 BEDROOM HOUSE IS 1,500 GALLONS. LEACHING GALLEYS C4) 1 TANK; 8' DIA., 6' HIGH (5' EFFECTIVE DEPTH) 2. CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 3,000 psi AT 28 DAYS. 1. MINIMUM LEACHING SYSTEM FOR 5 BEDROOM HOUSE IS 400 sq ft SIDEWALL AREA 3. WALL THICKNESS SHALL BE A MINIMUM OF 3", A TOP THICKNESS OF 6"AND A BOTTOM THICKNESS OF 4". 4 GALLEYS; 4' DEEP, (8.5'x 4.75') ALL WALLS, BOTTOM AND TOP SHALL CONTAIN REINFORCING TO RES 3T AN APPLIED FORCE OF 300 psf. 2, LEACHING GALLEYS ARE TO BE CONSTRUCTED OF PRECAST REINFORCED CONCRETE (OR EQUAL) 4. ALL JOINTS SHALL BE SEALED SO THAT THE TANK IS WATERTIGHT. LEACHING STRUCTURES, SOLID DOMES AND/OR SLABS. 5. THE SEPTIC TANK SHALL BE INSTALLED AT LEVEL IN ALL DIRECTIONS (WITH A MAX. TOLERANCE OF 11/4' 3. ALL COVERS SHALL BE OF PRECAST REINFORCED CONCRETE (OR EQUAL). ON A MINIMUM 3"THICK BED OF COMPACTED SAND OR PEA GRAVEL 4. A 10' min. DISTANCE BETWEEN LEACHING GALLEYS AND WATER LINE SHALL BE MAINTAINED. 6. A 10' min. DISTANCE BETWEEN SEPTIC TANK AND HOUSE SHALL BE MAINTAINED. 5. AN 8' min. DISTANCE BETWEEN ALL LEACHING GALLEYS AND SEPTIC TANK SHALL BE MAINTAINED. TYPICAL STORMWATER UNIT (TOPS TO BE TRAFFIC BEARING) (NOT TO SCALE) CAST IRON INLET FRAME&COVER(FLOCKHVART#33518 TYPE 8840) FINISHED GRADE OR 6"THICK REINFORCED GONG.COVER 8' C BEARING SLAB 1,-0" ' (max.) /w�('' �^/ PIPE FROM ROOF GUnERS FINAL a ' L ,&'!A\ PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED iCRUSH11).3 4'- 1-1/2"STONE REVIEWED ' BY THE L.I.A.LS. AND APPROVED AND ADOPTED ,ALL AROUND FOR SUCH USE BY THE NEW YORK STATE LAND _tp SEE DECISION # TITLE ASSOCIATION. LEACHING RINGS pr ' REINFORCED PRECAST CONIC. �. Of" ( �' 4000 PSI O 28 DAYS 3'-0• �A1 k 4' (min.) DATED 2 ! /� �3�1 �1�. 7 C�ht F:�I* GROUND WATER DRAINAGE SYSTEM CALCULATIONS: ' ,* NX. c. o. 50467 ROOF AREA: 1,960 sq. ft. 1,960 sq. ft. X 0.17 = 334 cu. ft. UNAUTHORIZED ALTERATION OR ADDITION k�� f, 334 cu. ft. / 42.2 = 7.9 vertical ft. of 8' dla. leaching pool required TO THIS SURVEY IS A VIOLATION OF PROVIDE (2) 8' dla. X 4' high STORM DRAIN POOLS SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. Nathan Taft Corwin II DRIVEWAY AREA: 1,000 aq. ft. 1,000 sq. ft. X 0.17 = 170 cu. ft. COPIES OF THIS SURVEY MAP NOT BEARING 170 cu. ft. / 42.2 = 4.0 vertical ft. of 8' dia. leaching pool required THE LAND SURVEYOR'S INKED SEAL OR Land Surveyor PROVIDE (1) 8' dia. X 4' high STORM DRAIN POOL WITH OPEN GRATE EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. PROPOSED 8' DIA. X 4' DEEP DRYWELLS FOR ROOF RUN-OFF ARE SHOWN THUS: CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY PROPOSED 8' DIA. X 4' DEEP DRYWELL WITH OPEN GRATE FOR DRIVEWAY ARE SHOWN THUS:V.0..1 IS PREPARED, AND ON HIS BEHALF TO THE Successor To: Stanley J. I , L.S. �/ TITLE COMPANY, GOVERNMENTAL AGENCY AND Joseph A. Ingegnngegno L.S.S. LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. Title Surveys - Subdivisions - Site Plans - Construction Layout PHONE (631)727-2090 Fax (631)727-1727 THE EXISTENCE OF RIGHTS OF WAY OFFICES LOCATED AT MAILING ADDRESS AND/OR EASEMENTS OF RECORD, IF 1586 Main Road P.O. Box 16 ANY, NOT SHOWN ARE NOT GUARANTEED. Jomesport, New York 11947 Jannesport, New York 11947 38-042 U) LU AOL LLI CD Tf Z 0 0 ElUl ,/ 0 FID Ii. .v Charles M.Thomas a rc h I t e c t Po pa. DESIGN CRITERIA w a W C-i o LU U Q WL' I— O U m O C7 r1 H �O�11 1M OUT90E �c SHOVRt — I P C R C 11 I II _ 11 II II � I � � ✓ I II � II i � w R w e 2P a P f.G 1 2a5ET O --------- ---------a PAIN W II A c u 0 0 3 Y Poac n. i t- � I �a�a vna o RCOF OKa 4 1372 SF LIVING Charles M.Thomas 3 506 SF GARAGE a f c 11 1 1 e C 1 f r�1 F I R S T F L O O R P L A N wmsm rxvw4 man Ioq mauu F R FIRST FLOOR PLAN l A_00 0 U) J Q W t1 � d Q LL LU Q T LY F— 0 ��.ta Uco C11 , o 0 RORCH OFnt OKR �p 7 L y BEOe00�L2 I 6EnRO0u r-------- ---------- � Item it I � I � o w I k y I ------ 7V040Xi t I � V f 6r Am 0 BAM n $ e�OOv r aosr am' "I i I -- -L--------L------------ -� y POROR S V' ROOF OVER 3 Charles M.Thomas a r O h I t e O t �1 Po 9P FR DM4N1,Yf m0(W)i]7-1W1 4 SECOND FLOOR P LAN unr w SECOND FLOOR PLAN F _ �..00•O E - S 1 _ i or�y�vfit�e, I-gym . _ OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ,of ® �® P.O.Box 1179 l 54375 State Route 25 �® F,_ �® Southold,NY 11971 or.Main Rd. &Youngs Ave.) �£ Southold, NY ' � _ `ts' Telephone: 631 765-1938 00s www.southoldtownny.gov OU01 RECEIVED PLANNING BOARD OFFICE TOWN OF SOUTHOLD JAN ZONING BOARD OF APPEALS MEMORANDUM To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Planning Board Chairman Members of the Planning Board Date: January 16, 2019 Re: Request for Comments for Renee Poncet & Stephen Fitzpatrick SCTM#1000-35.-4-28.36 ZBA#7242 The Planning Board received your request for comments regarding the above- referenced action to recognize a nonconforming lot created by deed in 2008 in the R-40 Zoning District and supports the recognition of this lot through an area variance and a resubdivision application. _. In a letter to the Planning Board dated September 2, 1988, the Town Attorney addressed the uniqueness of this situation, and how to proceed given the desire of adjacent property owners to purchase portions of the underwater land. He stated that if a property owner with uplands abutting Fordham Canal, a manmade water source, purchased the adjacent underwater land, that property owner should seek approval for a lot line change from the Planning Board to create a recognized lot as per Town Code. The lot line change, also known as resubdivision, would merge the underwater land with the existing parcel. In this case, the applicant purchased the underwater land and filed deeds in 2008. The resulting parcel remains non-conforming in size, thus the variance is required prior to the Planning Board application. While the creation of a non-conforming lot and the annexation of underwater land by adjacent property owners are not generally supported by the Planning Board, this case is unique. The underwater land is a privately-owned manmade canal, and the parcel is already non- conforming in size and will not be made more non-conforming by this resubdivision. Thank you for this opportunity to provide comments. If you should have any questions or require additional information, please do not hesitate to contact the Planning Office. iCOUNTY OF SUFFOLK "` � RECEIVED ocl &C 2098 ZONING BOARD OF APPEALS Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Deputy County Executive and Commissioner and Environment October 26, 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 A14-14 thruA•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 Poncet, (Renee) &Fitzpatrick (Steve) #7242 Vanston Bean, LLC 47243 Coons, Ronald #7244 Very truly yours, Sarah Lansdale Director of Planning - Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th 171 ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 0 (631)853-5191 i , 1 RECEIVED FORM NO. 3 OCT 0 5 2018 NOTICE OF DISAPPROVAL k ZONING BOgRD OF APPEALS DATE: August 28,2018 TO: Francis Yakaboski (Poncet) 1668 Sound Avenue Calverton,NY 11933 Please take notice that your application dated August 16,2018 For a determination of lot recognition at Location of property: 702 Wiggins Lane, Greenport,NY County Tax Map No. 1000— Section 35 Block 4 Lot 28.36 Is returned herewith and disapproved on the following grounds: This non-conforming 20,120 square foot lot in the R-40 District,created by deed,Article IV, Section 280-18, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule ll with the same force and effect as if such regulations were set forth herein in full." Bulk Schedule requires 40,000 square feet for lot size, 150 feet in width and 175 feet in depth. The current lot was created by a recorded deed in 2008.The lot size(20,120 sq. ft.)and width(103 feet)do not conform to Bulk Schedule. Fur e lot creation requires approval from the Southold Town Planning De artment �—Ued SLature CC file, Z.B.A.,planning V Lf-) W -� - q 4 •r i i --+s N 66�0I'20'E 650.00 /aO.a /020 2x0.0 100.0 /00_.0_ _1O O T O S TR 0.3�T 0 0 ,Si N✓+ 0 s0' 0' CQ Mcrai.a9 e-. Porpa.vi.I+n/ A Al I � .7 h 8 0 i p 1 I v• �� j 100 0 100.0 0 �� * r- Cen.erir y 200.0 ii 200.0 O pppp 2 � �i M (,,, C i,N/,p,R d 0 L I p Q Q Sspri,e, 8 0 M d d cS Its � 6 9 I 3 M I o v :Ljr S e �I o 9 t O � `soo.o �3i 0 6/�•�h'A1N�rd O �6 n` r 100-o roo•O 200.0`¢ ♦� Zoos \ f,,) /o 1 TyPiao/ /o>•'/oynuY 5.66 a/ W. Prast0n and Ot{rers FI 'S0. _ `�Fa• - ''� � KEY MHP ,, Jilt a s.c6 0/to"W. lI SECT/O/� ONE m Ws herebyCedthyfiatPhis ..,0.pwusm®de asrom aetuo/surveys co.r°p/s/edNo�6,/96/ it -i T z0. v grid that currcrcYe r»onumerrtr hovc beensctat III 1 {j REE/V P O F? T � �, points show.. thu:: n I `� Otto fN. Yon Tay/l6 Son Tovl" OF SOUTHOL z ��. Lir r7-0y MAR 7SUFFOLK CO., N. 'K' � , �� Licensed Lo idu^a ✓eyavy d .- ' ��•,b� I Ab. p, 0.`6, �\r� .� Gre�enPort N•Y NORMAN E. KLIPP Clark of Suffolk County Sc a/B /00 Owned and developed by Ru rb F. Pr&s ton and0#7&,1s y ro✓a a, 3 6 OWNERS f Green,por , /V• Y SourHOLO TOWNPLANNlN6BOf7R0 \ h /J GO S/3O E'z 4s,02 soE IDA BELLE LATHAM A ROBERT L. MUIR Si9rvad C__ CJ N �C 3 �Z F. ,i' a�� W, C AREA /3.6/ ACf2E5 �� Cha;rrroan o� a. j N o .89+ 7i n.yra✓ Fin. rodm No./ No.Z W ,�,r N.60oOa E.26 1007 Q I ' o F•.CkoC1q' Ij, N � 3dra.tarn{ /'/-0.Z � zit u0. C t GOnan tuna .JL Jan - Z 7Yyr O O0 a ( ti a T f/.w q.v.1 0 0 13 -' . d TL¢�.rf/eN Sly' rand p N IA• c9 Pao/ y al.r q• ° 0�OrE Z�/+dAo ° 9 /Ys� !o s• d ,9 C , /OndnP to A//6/oaks in crbe// 10 �.wc � . � I D rr Ttt Ir ..,0.r/0.r JainYs r1 'r ofyr /or -� '� y P•J 6L 1s r axd►* Tcs/ No/es y� I* /L.0. o C 1 l ry V.60/�o E•236.39 f rn x / °o K n 41.1 4. z J I o o U 1 J around wotme_)W_ /'min. F0.. 3 Poe/Sysfei»-Gaits S 7,9�/O/8 3�h .6a'aa� 2$'F 60 4.6 Grarind waterer � f c:n.♦.oda! � �� �• //��N D R o�fj. tyl � Affar 2 0.o/S�.aycm z'.�,nar. 3dC'nrair �1 Ooi I I a L o f Ar d 9 it r � gPpti°cdp rawJt N C u 16 1 E a ty I /b a Ol k 0 f 000.E 3^/6 28 n ��;r � O��rp ♦ �• (gip y0. MAr� /� (M O c• r h /t'drop� - d 0.g N,0. 0. r ¢ 1J'R! mo 1p ; 1 .� •{i o I ♦ Tec � N ry q � 0.i "+- ♦+ F 4xB'vC/i'infer/erd-in O N (H C I 0 1 �oo'E. 3a�97 f � r0.=nd wotero VI N 60 l b v 'J A i n w s/.cd r v (i"fs 1... • .'•� I � (, 1 I m p ® m s. Si,a/,'ow Pao/ 0017- 0 1 Y� Lots 6, /3,/4//7/�4,/S,/6 F I L E® fJbbD .`.• a1Os Stl SUFFOLK COUNTY DEPARTMENT OF' HEALTH 1n 1(A.N.Y. MAR 7 1982 .45 r W3-00 r Riverhead, NY11�t 9��1 `\\� � N N I ,� A 0.00 o �'• � < l to o°� � m m � �t N N f Ncaf'1 m This is to certify that the propoxad arrsnpr°nnnts f'M � /,G .� M � ��1A(i{h R� J I N1�0•�61 I water supply and sewage disposal for 1SaBQl4s l•-•. -• NORMAN E, LIPP , o 17 �0 ( �♦I�Y' a.s..0. Sac. I in `,s�_Sr�+7/EaQGb Clark of Suffolk County \� 0 ware approved on the abovo date. inalnl.la tion 'if suuh O p E,28/•2¢ �(` >^ facilities shall be in eonforevmuo with thu bppruved plane A and current standards of Be County Department of Eleal th. O sc� ~ 6_1 ( O r e Consent is hereby given for tho fi11uR of the map n1, {n in 'o J"' gser dad bYI Nae _ which this endorsement appears in the Office of Lhe Count,V O I r.Po• R ,F�� 1�,�� m Clerk in accordance with Section 2 of Article VI of the ~6o1p00 l�by0 w Suffolk County Sanitary ode.' /'� `- °goo pres;<'on J Diraotar, Div. of Environmental Sanitation K /e0'ac 1 w1. Fee $ Filed By. Assignment No. RECEI/Eta OCT 0 5 2Q1� APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE ZONING BOARD OF APPEALS House No. 702 Street Wiggi nS Lan klItwkt Greenpnrt, NY 11944 SCTM 1000 Sectionn 3 S Block_04Lot(S) 28 - -36 Lot Size 2 0 ., 12 0 Zone R 4 0 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 08128/18 BASED ON SURVEY/SITE PLAN DATED 0 2Z 2 211 8 Owner(s): Renee Poncet and Stephen Fitzpatrick Mailing Address: v/r, Eranri s .T1 668 Sound Ave Calverton, NY Telephone: 631 -740-97(P3X:631 -740-9709 Email: francis yakaboski@yahoo.com 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: Eranci�_ a akahoski--for (A Owner (AOther: Contract Vendee Address: 1 668 Sound Ave. ., Calverton, NY 1 1 933 Telephone:F-11 —74()— fax: 6-11 _74n-9709 Email: franris �7.akAhnski (a yahoo.com Please check to specify who you wish correspondence to be mailed to,from the above 11ani es: ( ) Applicant/Owner(s), O} ) Authorized Representative, ( ) Other Name/Address below: 1668 Sound Ave. ., Calverton, NY 11933 WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 0 2/2 2/1 8 and DENIED AN APPLICATION DATED 0,9/16118 FOR: (� Building 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: IV Section: 280 Subsection: 18 Type of Appeal. An Appeal is made for: (x) 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 ( %RMal or Other LOT RECOGNITION A prior appeal (x) has, "la&mat been made at any time with respect to this property, UNDER Appeal No(s).—4691 Year(s). 1 121 11999 (Please be sure to research before completing this question or call our office for assistance) Name of Ownei ZBA File# Renee Poncet Fitzpatrick (Judith Deegan, Owner) 4621 RECEIVED REASONS FOR APPEAL (Please be s 'A� ql specific, additional sheets may be used with preparer's OCT�C� Q P �Q1� signature notarized) q 1 An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to neearrb RD OF APPEALS properties if granted,because- This is a residential area and the construction, of a single family dwelling will not produce a change of the character of the neighb:)rhood. 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: The size of the parcel makes it impossible to obtain the relief sought other than by variance. 3 The amount of relief requested is not substantial because The parcel is a pre-existing undersized parcel. The area of the relief sought is not substantial. 4 The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Applicant seeks to build or constructs a single family dwelling, which will not have adverse impact on the environment or the neighborhood. 5.Has the alleged difficulty been self-created? { } Yes,or {x} No Why: Original parcel received Planning Board Approval by map filing in the 1960s. Are there any Covenants or Restrictions concerning this land? { } No {A Yes(please furnish a copy) 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. ignatuie f AK. YAKABOSKI cant or Authorized Agent (Agent m t submtten Authorization from Owner) Sw to efore me thisa� day FRAM IS of ,20 1 I " Nota Public MARYLOU SE GAMBELLA Iotary Public 1 State of New York No. 01 POA62211527 Qualified H Suffolk County My Commission Exp. 06/03 RECEIVED - C APPLICANT'S PROJECT DESCRIPTION OCT 0 5 2018 APPLICANT: GCG BAYBERRY, LLC DATE PREPW12MR V�y 1. For Demolition of Existing Building Areas Please describe areas being removed: N/A New construction I1.New Construction Areas (New Dwelling or New Additions/Extensions): proppsed Dimensions of first floor : 70' x '36' i nrl isles garage 1 .,372 sf 1 i vi ng Dimensions of new second floor: 481-61! x 361—o" Dimensions of floor above second level: N/A Height(from finished ground to top of ridge): 37_ Is basement or lowest floor area being constructed? If yes, please provide height(above ground) measured from natural existing grade to first floor basement below grade 8' 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: Proposed 2 story single family residence on full cellar with 2 car garage Number of Floors and Changes WITH Alterations: 2 floors IV.Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 0 Proposed increase of building coverage: 16.5% Square footage of your lot: 20,120 sf Percentage of coverage of your lot by building area. 16.5% V.Purpose of New Construction: New resi denre with garage 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): G1L1pi ng 1 nt i-n wah-r wrxxded� S.mr�ct-� rtjr1 i na abiji-cz 'anal . Lot has two (2) front yards. Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 617.20 RECEIVED Appendix B ��: Short Environmental Assessment Form 0 C r �Glg Instructions for Completing 7-01VING BOARD OF APPEALS Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Pail 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item Part 1 -Project and Sponsor Information WIGGINS LANE — Lot Recognition Name of Action or Project: 702 Wiggins Lane, Greenport, N.Y. 11944 Project Location(describe, and attach a location map)- Brief Description of Proposed Action: Construction of a single family dwelling Name of Applicant or Sponsor: Telephone: 631-740-9707 GCG BAYBERRY, LLC E-Mail: francis yakaboski@yahoo. om Address. c/o Francis J. Yakaboski, Esq. 1668. Sound Avenue City/P0. State Zip Code. Calverton NY 11933 1. Does the proposed action only involve the legislative adoption of a plan, local law,ordinance, NO YES administrative rule, or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2 If no,continue to question 2 2. Does the proposed action require a permit,approval or funding Frons any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval. X 3.a Total acreage of the site of the proposed action? .4-62 acres b Total acreage to be physically disturbed? 2,145Kkes sf c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? —0— acies 4. Check all land uses that occur on, adjoining and near the proposed action ❑ Urban ❑ Rural (non-agriculture) ❑ Industrial ❑ Commercial mResidential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(specify). ❑ Parkland Page 1 of 4 5. Is the proposed action, RECEIVE® O YES N/A a. A permitted use under the zoning regulations? OCT 0 5 2618 X b. Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of2t"9N1M96hkBtd�*r ??LZ, NO YES landscape? X 7. Is the site of the proposed action located in,of 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 to traffic above present levels? NO YES b.Are public transportation services) available at or neai the site of the proposed action? 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? N YES If the proposed action will exceed requirements,describe design features and technologies: X 10 Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method foi providing potable watei: X I 1 Will the proposed action connect to existing wastewatei utilities9 NO YES If No,describe method for providing wastewatei treatment S�'074IC SYSTRM X 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,of lands adjoining the proposed action,contain NO I YES wetlands or other waterbodies regulated by a federal,state or local agency9 X b. Would the proposed action physically alter,of encroach into,any existing wetland or waterbody9 X if Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: 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 EkSuburban 15 Does the site of the proposed action contain any species of animal,or associated habitats, listed NO YES by the State of Federal government as threatened'of endangered? X 16. Is the project site located in the 100 year flood plain? NO YES X 17 Will the proposed action create storm watei discharge,either-from point or non-point sources? NO YES If Yes, a. Will storm water discharges flow to adjacent properties? NO ❑ YES X b Will storm water dischaiges be directed to established conveyance systems (runoff and storm drains)? If Yes,briefly describe- ❑ NO M YES X Tic}- l drainage systems Page 2 of 4 18. Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g. retention pond,waste lagoon,dam)? If Yes,explain purpose and size: RECE711pri A X tiU�e 19 Has the site of the proposed action of an adjoining property been the location of an active or closed NO YES solid waste management facility? ZONING BOARD OF APPEALS If Yes,describe: X 20. Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed) foi hazardous waste? If Yes,describe X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsoi name. LW \Date• 10/4/18 Signature: FRAN I 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 l 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 I. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations9 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 walkway9 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 of aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e g.,wetlands, wateibodies,groundwater, air quality, flora and fauna)? Page 3 of 4 No,or Moderate RECEIVEDsmall to large impact impact OCT 0 5 2018 may may occur occur 10. Will the proposed action result in an increase in the poten tiNMI MQsW,nDogffi� P age 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 seduce impacts Part 3 should also explain how the lead agency determined 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. o 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 fiom Responsible Officer) Page 4 of 4 All PI,ICAN'T 1O\VNER r� TRANSACTIONAL DISCLOSURL:FORNI Thr'1'ntn of saothold's Cade•of E[hICS two hlbIts coil nIcta orint(rttst on ibe hart isI'toNvn nt7leers and enrIII o'ees.The purpoxv o1 thio Will k Qi provide infnrmrttInit which run alert list sass a m or nimble conflicts of st in and allow it Io take,srhatov, r(- r QED nttpsary to avoid Sallie. YOUR NANIK _ c�s.�>c OCT 0 5 2618 (t.;m onnu,nrsi name,nilddlr Inittul,uriloss}ou are applytag in tier name of sorncone ekt-or other entity,+uch m o Company.lrso.Indicate site other perNon's or cornpuny,%rtarne.) ZONING BOARD OF APPEALS TYPEOF AI'PIACATION: (Check all (hut npply) 1'0s grievance � Buildilig Permit Variance 'T'rastce Permit CI)ango 0r/,one Coastal Lroaion Approval or I'lafNlonring --- Other(activily) Planning Do you personally(or through your company,spotiw,sibling,parent.or child)have a relationship with any ofneer or employee of'tire'rown or Southold""Relationship"includes b) blood,marriage,or business interest."Business inlerest" means a business,Including it partnership,in s+dtich the town officer or employee has even a partial ownership or((it, employment by)a Corporation in which the tm%it officer or employee ovens more than 5`r/, or tile shares. Y I's NO II'you answcred"VE.S",complus the balance 1)1`111k form and date and sign where indiealed. NarTlcol'persnn employed by tile'l'own 61'Southold Title or position of that pennon Deseribe the relationship bu(ween yoomelf(the appl{cilntlagent/reI)rescntutive)and the town offleer or employee.Cattier check tits appropriate lint=A)tbrotigh 1))and/or describe in the space provided. The town officer or employee or Iris or her spouse,sibling,parent,or child k(check all that apply); A)the owner of„realer(itol 5%ol'the SJtnreS tache Corporate stoeU of the applicant(when the applicant Js a corpot$tion) 11)the Icgnl or henencial owner of any interest In u non-corporate entity(when stir applicant is riot n corporation) C)an officer,director,partner,Or employee of the appiteant;or• ._1))the actual applieaot DESCRIP'T'ION OF RE1..ATIONS11111 Submitted this .; day Sigaulttre 1 t '4 '� Prhu Mime ...Re OnCet � Stephen 13.t patrick AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and em to eesATh )u-rldqosof this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whateverSiction is necessary to avoid same. YOUR NAME : C,Ol; RAYRF.RRY, T ,('_ 62ECEIUED,T (Last name,first name,middle initial,unless you are applying in the name of someone else or other enk�ty such as a company.if so,indicate the other person's or company's name.) eft 1 T TYPE OF APPLICATION: (Check all that apply) ZONING BOARD OF APPEALS Tax grievance Building Permit Variance # Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring 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 X _ 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 Submittedthis d of Signature Print Name Charles,Thoma-S., Member AGENT/REPRES ENTATI V E 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 whatev action is necessary to avoid same. 1,)A14_ YOUR NAME : Francis J. Yakaboski (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity, a company.If so,indicate the other person's or company's name.) OCT 0 5' 2G!8 TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit ZONING BOARD OF APPEALS Variance Y� Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring 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 H — 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 ef Submitted this�daY of 204 Signature Print Name F1 CNCIA. YAKA3:)3XI Town of Southold DECEIVED LWRP CONSISTENCY ASSESSMENT FORM OCT 0 5 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 making 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.northfork.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# o3,.no - na_nn - n2R_n�ti The Application has been submitted to (check appropriate response): Town Board 11 Planning Dept. D Building Dept. 0 Board of Trustees 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: Applieatien for ;Tuilding—per-fflit denied. Application to Application to Zoning Board of Appeals for variance Location of action: 702 Wigging L,anef creenport, N.Y. 11944 RECEIVED Site acreage: .462 OCT 0 5 2G18 Present land use: vacant/residential ZONING BOARD OF APPEALS Present zoning classification: 1240 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: C{_-G BAYBERRY, LLC (b) Mailing address: c/o Francis J. Yakaboski 1668 Sound Avenue, Calverton, NY 11933 (c) Telephone number: Area Code( ) Q31-740-9707 (d) Application number, if any: N/A Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No® 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 (-nn--i-riiri-i nn of home in -residential area will r-nni ll r wii-h zoning cod -- Parr-F-1 is bu h ad r1 which will comply with beneficial use of Coastal location. 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 Parcel' s location in residential zone does not impinge on any historical or archaelogical resources. 1 ILL" Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the To-,Y#MV ui thold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria OCT ® 5 Imm Yes 0 No F-� Not Applicable —74NING BOARD OF Arjpr.®I_q Attach additional sheets if necessary NATURAL COAST POLICIES 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 0 No E Not Applicable naiiding—parcel is bulk beaded which will protect dwelling and prPVPnt flooding and erosion. 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 ©Not Applicable 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. 5 Yes 0 No'7 Not Applicable Dwelling to be constructed will have contained drainage ruhi ch lWi 1 1 nrntarf ecosystems from degradation Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWI*gyion III — Policies Pages 32 through 34 for evaluation criteria. OCT 0 5 ?_018 ❑ Yes ❑ No® Not Applicable BONING BOARD OF APPALS 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. ® Yes ❑ No ❑ Not Applicable Home to be constructed will comply with all sanitary regulations of the Suffolk County Department of Health, and will contain all drainage on the parcel. 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. ❑ YeA0 No® Not Applicable 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. 13 Yes ❑ No ❑ Not Applicable (1('T 0 .5 9r9R ZONING; BOARD OF APPFA1 S Attach additional sheets if necessary 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 ❑ Not Applicable Parcel is hulk headed anH r Gidence to he conl3t-rurt:Pd calf ce)ntainc all waste, -- 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 1:1 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 � F DECEIVED Board of Zoning Appeals Application OCT 6 5 2618 ZONING BOARD OF APPEALS AUTHORIZATION We, RENEE PONCET and STEPHEN J. FITZPATRICK, residing at 415 Wiggins Lane, Greenport, New York 11944 do hereby authorize GCG Bayberry, LLC (Contract Vendee) or its agent to apply for a variance with respect to the property situate at 702 Wiggins Lane, Greenport, New York 11944 from the Southold Zoning Board of Appeals. �,pio Owner's Signatu ) Renee Poncet (Print Owner's Name) (0 er's Signature) Stephen J. Fitz ap trick (Print Owner's Name) RECEIVED Board of ZoninI4 Appeals Application OCT 0201 ZONING BOARD OF APPEALS AUTHORIZATION GCG BAYBERRY, LLC with offices 206 Lincoln Street, Riverhead, New York 11901 (Contract Vendee) of premises owned by Renee Poncet and Stephen J. Fitzpatrick of premises situate at 702 Wiggins Lane, Greenport, New York 11944, SCTM# 1000-035.00-04.00-028.036 hereby authorizes Francis J. Yakaboski, Esq., to act as its agent with respect to applying for a building permit and a variance to the Southold Board of Appeals to construct a home on the premises referred to above GCG BAYBERRY, LLC By- � axles aMMThoimnas, Member * rTT (�r b, - 84.w 4,� dAV '�y �1 kk 44 r , i y y, a _ • t �•' � �. ,awl '•, �,+�. �•,�. t j rfi #r 14 • ���.�s M 'ti... ...,., ,'..r".• ,e ..; ".'`�' '' .spy,"X - ..we _.. c y r f 71 oo • ,.~iG � - s '•'a .tk _ _.~ ;ifs Srt _ �j I']>'-' - � r • t ' "mac-. ��`- ;�• ., � ,- ''� -� '�. . .. � v �, _..w^}+►�:..�'_ ..�"f'„aar.. _ �- +s. 3. �,I; a _ fit+ - .- "► - ♦ __.,,,�„ ti.- _ _., a -. - °. a,. , .a a� y.*' •!fi .r• a..;�' � alb - t � s .. `/ ; - 'e� _♦ - � • 1 � MEI � + k A•• iO-� � - •} * ,.. �:,. 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'fir -' 1./Y "�_, '� ..�' �c� ! 1 .r' w,� rte`.�!' 44�'V� �`*jr,yy+�yn!5.�;•�ty r ji Y � � `rr �"` ���.'°�fjj• +..-_ {` �,� ti. •"'k' �r�t 4V _ r• y �� y }l s OFWN Irooki o Lest from south /o/y//f' +K property lineY ' t�enee poncet steppe, Fitzpatrick owners , � :I �� � �^"� .•tom` , t •mak �� � � :c. � _ •' vr'. I e.,� 'f1M1 .• E�A .� a.+ v} {� ` YI'�$ �.a.'�a .J ..Jd. �� r�..j. .- i �'�� a naa t! 4e+4.d- �Y,y'RI.� �z y.•1i�",� x t�,"x� � �♦ + .. ` �' r � �� *� ''S� �+ x�,.r�.,� •�� � 'r�s�`�' ,'�� ' ,.��i it�� 3°fes A ' �. 1 , ji . R Y `d ♦ v M� rs - r y�l a '' *M.., J► �'' yr 1,4 Nr a / w }4t Ilk atyy r - • 1 v' ' 4 nr 1 1 _ ems'' i�'-`-, � �' •�b TO iV F SOUTHOLD PROPERTY RECORD CARD NE STREET VILLAGE DIST. SUB. LOT a ,FSO, ERAW ER N E AL ,-7 S ` wTYPE OF BUILDING RES SEAS. a VL. FARM COMM. CB. MICS. Mkt. Value � a o' U - LAND v =•IMIX TOTAL DATE REMARKS , IT, ., O CrQ 0 V1 o co L t X83 3 �� ,� nl z Rel �l 3 3 ' f r c�C o Gd v -- - '� 3 - l-. Z X74 -g � €F Lj - LD m AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE `o FARM Acre Value Per Value Acre CM' Tillable FRONTAGE ON WATER N CZ) Woodland FRONTAGE ON ROAD co CS) Meadowland DEPTH House Plot BULKHEAD N © Total DOCK 1 RECEIVED SATE OF NEW STORK OCT 0 5 2njiR —70NING BOARD OF APPEALS DEPARTMENT OF STATE 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 true copy of said original. WITNESS my hand and official seal of the Department of State, at the City of Albany, on ° January 20, 2015. GO a ;y Fly o� � O� ° O1 O ®°° Anthony Giardina 00000 "C' Executive Deputy Secretary of State Rev. 06/07 \� it ARTICLES OF ORGANIZATION ION RECEIVED OF OCT 0 5 2018 GCG Bayberry, LLC ZONING BOARD OF APPEALS Under Sectioo 203 of the Limited Liability Company Law THE UNDERSIGNED, being a natural person of at least eighteen (18) years of age, and acting as the organizer of the limited liability company hereby being formed under Section 203 of the Limited Liability Company Law of the State of New York certifies that: FIRST: The name of the limited liability company is: GCG Bayberry, LLC SECOND-D- To engage in any lawful act or activity within the purposes for which limited liability companies may be organized pursuant to Limited Liability Company Law provided that the limited liability company is not formed to engage in any act or activity requiring the consent or approval of any state official, department, board, agency, or other body without such consent or approval first being obtained. THIRD: The county, within this state, in which the office of the limited liability company is to be located is SUFI=OLK. FOURTH: The Secretary of State is designated as agent of the limited liability company upon whom process against it may be served. The 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: Charles M. Thomas 206 Lincoln Street Riverhead, NY, NY 1 1901 11 I TI-1: The limited liability company is to be managed by: ONE OR MORE MUMB1 RS. SIXTH: The existence of the limited liability company shall begin upon filing of these Articles of Organization with the Department of State. SEVENTH: The limited liability company shall have a perpetual existence. 1)OS-1239-f I I (Rev.02/12) F1i,r NUMBER: 150120010425;DOS 11).4696712 Page I ol'2 RECEIVED OCT 0 5 2618 Il';IGHTH: The limited liability company shall defend, indemnify aA&- lW1`UBfMa6)ttRffl0AL&rs, managers, and former members and managers of the limited liability company against expenses (including attorney's fees,judgments, fines, and amounts Maid in settlement) incurred in connection with any claims, causes of action, demands, damages, liabilities of the limited liability company, and any pending or threatened action, suit, or proceeding. Such indemnification shall be made to the fullest extent permitted by 'the laws of the State of New York, provided that Such acts or omissions which gives rise to the cause of action or proceedings occurred while the Member or Manager was in performance of his or her duties for the limited liability company and was not as a result of his or her fraud, gross negligence, willful misconduct or a wrongful taking. The indemnification provided herein shall inure to the benefit of successors, assigns, heirs, executors, and the administrators of any such person. I certify that I have read the above statements, I am authorized to sign these Articles of Organization, that the above statements are true and correct to the best of my knowledge and belief and that my signature typed below constitutes my signature. Charles M. Thomas, member (signature) Charles M. Thomas , ORGANIZER 206 Lincoln Street Riverhead,NY 11901 Filed by: Charles M. Thomas 206 Lincoln ,Street Riverhead, New York,NY 11901 FILED WITH THE ISYS OEPARTMET"JT OF STATE ON: 01/20/2015 FILE NUMBER: 1501200104.259 DOS ID' 4696712 Page 2 of 2 C ~\ - 1) i i SURVEY OF PROPERTY SITUATE N GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK �Ey�G,NPtf'R E g0A°, S.C. TAX No. 1000-35-04-28.36 u5�5 PVe�\c r (pR1�AT \\ j SCALE 1"=40' FEBRUARY 22, 2018 RECEIVED _,— Y O JE\. XII .6 x�/ Cs�� OCT 0 2018 �N p °� //x l l l �C � TOTAL AREA = 20,120 sq. ft. °µEN 0.462 ac. _ / �1 / / x r 1.e f o�coNG Mod �O, 1A` I KING ARD App1=ALS // / I ^ LOT COVERAGE OVER LOT AREA LANDWARD 2 BULKHEAD _ q 11.a 12.D U` Lf LOT AREA LANDWARD OF BULKHEAD = 12,982 / 1 \ \\\\�> �O f DESCRIPTION AREA % LOT COVERAGE HOUSE W/PORCH 1,960 sq ft is t% x113 tt.a x a \�L V` I DECK/PORCH 160 sq. ft. 12% NOTES 1 ELEVATIONS ARE REFERENCED TO N.A.V.D 1988 DATUM cn \ e s °A OUTSIDE SHOWER 25 sq ft 0.2% EXISTING ELEVATIONS ARE SHOWN THUS-AU -XX- PS ` ( \ y EXISTING CONTOUR LINES ARE SHOWN THUS.-———--XX-———- P c C •,, \ ,LTEST HOLE I 92� TOTAL 2,145 sq ft 16.5% FFL- FIRST FLOOR P11.5 , TE FLOG BL- TOP OF BULKHEAD 3B - 80TTOM OF BULKHEAD TW - TOP OF WALL BW - BOTTOM OF WALL 2. FLOOD ZONE INFORMATION TAKEN FROM: N 6 \ 10. 2 sr \ \ s o \ ° ° pP y FLOOD INSURANCE RATE MAP No. 36103CO176 H ZONE AE BASE FLOOD ELEVATIONS DETERMINED ZONE X ANCE FLOODPLAIN O s x \ x \ '�p �"`tS !• ` O \\ 0 3. MINIMUM SEPTICSTANK RCAPAC CAPAMINED TO CITIES FOR OUTSIDE BEDROOM HOUSE L IS H7 500 GALLONS. TYPICAL STORMWATER UNIT \ \ .�• '1 r ° 9 1 TANK, 5' LIQUID DEPTH, 8' DIA. 7i \ Sroti \\ •�T d (TOPS TO BE TRAFFIC BEARING) MINIMUM LEACHING SYSTEM FOR 5 BEDROOM HOUSE IS 400 sq ft SIDEWALL AREA -0 (NOT TO SCALE \ v •asr P� n. / foo ` 4 LEACHING GALLEYS; 8.5' LONG, 4.75' WIDE, 4' DEEP �' 9y� �( \ r- °M Cpm CASs IRON INLET FRAME&COVER(FLOCKRART 863518 TYPE 6840) FINISHED GRADE OR BTHICK REINFORCED CONC COVER PROPOSED FUTURE 50Y. EXPANSION GALLEY <1P q 8' C BEARING SLAB-,,. 1-0' 11 O if "i \ x -- \ \ f °E r1� \\ (TO') ® PROPOSED 8.5' LONG x 4.75' WIDE x 4' DEEP LEACHING GALLEY 0 \ ✓ O \ N PIPE FROM ROOF GUTIQiS oPA x o SQJ 145 1 \a' B'-o" O PROPOSED 1,500 GALLON SEPTIC TANK lTnFy \) \ \ l CRUSHED 3/4'-1-1/2'STONE 4. ALL HOUSES WITHIN 150' ARE CONNECTED TO PUBLIC WATER O O / oC,(-� '0r ° \ ALL'AROUND BGS tig1•5 \ '0 1 5. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD 2 yF( 27x f0 a �q \ V LEACHING RINGS OBSERVATIONS AND/OR DATA OBTAINED FROM OTHBRS O y \ L` r eCA/O Mo fbvi5 �c�$; m RBiuou cvsl PRECAST zeaAYs°Nc 6 ANY WETLAND BOUNDARIES SHOWN ARE SUBJECT TO VERIFICATION 111,c' ^' �z%V ?c'o o\ u,my a moo. 3'-0' 4. (-�� BY NEW YORK STATE AND/OR OTHER REGULATORY AGENCIES. O ->s o oy sc i o �n y� t \rn m yy��o B5 7� �PPP! o- '(Dy B <T �'� C•f9�asG�O�G' „ GROUND WATER aCAg N VJc -r- , DRAINAGE SYSTEM CALCULATIONS O-'�;Lz'° ROOF AREA. 1,960 sq, ft. y y ° 1,960 sq ft. X 0.17 = 334 cu. ff. PREPARED IN ACCORDANCE WITH THE MINIMUM ° 334 cu ft / 42.2 = 7,9 vertical ft, of 8' DID. leaching pool required STANDARDS FOR TITLE SURVEYS AS ESTABLISHED 0� PROVIDE (2) 8' DID. X 4' high STORM DRAIN POOLS BY THE L ALS NB°7P��IYb�EY3.AN((p]]ADOPTED ''�OG FOR SUCH��E'BY TJsNE)^(° RLAND DRIVEWAY AREA: 1,000 sq ft TITLE AS aB IAT1®I�a A�V7' 1,000 sq ft X 017 = 170 cu f} T! n I 170 cu ft. / 42.2 = 4.0 vertical ft. of 8' dia. leaching pool required y PROVIDE (1) 8' dia X 4' high STORM DRAIN POOL WITH OPEN GRATE ' I PROPOSED 8' DIA. X 4' DEEP DRYWELLS FOR ROOF RUN-OFF ARE SHOWN THUS IPROPOSED SEPTIC SYSTEM DETAIL PROPOSED 8' DIA X 4' DEEP DRYWELL WITH OPEN GRATE FOR DRIVEWAY ARE SHOWN THUS: Oy HOUSE (NOT TO SCALE) { 1 ELEV 14,0, _ FINISHED GRADE FINISH GRADE 1 ELEV 12 8' ELEV 11 5' 1 7 24 die LOCKING,WATERTIGHT&INSECT PROOF CAST IRON COVER TO GRADE PRECAST REINFORCED m CONCRETE COVER BURIED 1'DEEP min 2'DEEP max I TEST HOLE DATA TOP EL 118 1' MIN TOP EL 105' -1' MIN PROVIDED BY OTHERS S Ic No 50467 8" MIN 4"DIA 6" SEPTIC f EL 115• UNAUTHORIZED ALTERATION OR ADDITION APPROVED PIPE TANK APPROVED PIPE LEACHING LEACHING T 3' CLEAN 0' TO THIS SURVEY IS A VIOLATION OF --- INV EL GALLEY GALLEY ? SAND f TOP SOIL SECTION 7209 OF THE NEW YORK STATE 111' min PITCH 1/4"/1' INV in min PITCH 1/B"/1' 0 0 to COLLAR IIII a5. EL 108' INV EL INV EL 97' _ EDUCATION LAW Nathan rwin III • SANDY LOAM&GRAVEL 10 3 ° I--�a' {° �-8'�- 2 L' HIGHEST EXPECTED GROUND WATER THE LAND COPIES OF THIS SURVEY MAP NOT BEARING L OR ____ _____ __ ______________ ___ i° -- �- - -- 26' 25' EMBOSS D SEAL SOHALLINOTOBEECONSIDERED Land Surveyor _____ ___�________ 1 + TO BE A VALID TRUE COPY SEPTIC TANK (1) BOT EL 46' BOT EL 60 GROUND WATER SAND&GRAVEL CERTIFICATIONS INDICATED HEREON SHALL RUN ELEV -0 3' ONLY TO THE PERSON FOR WHOM THE SURVEY EL 26' HIGHEST EXPECTED GROUND WATER IS PREPARED, AND ON HIS BEHALF TO THE Successor To Stanley J Isaksen, Jr LS 1 MINIMUM SEPTIC TANK CAPACITIES FORA 5 BEDROOM HOUSE IS 1,500 GALLONS ------ -87' 1'ABOVE AVERAGE HIGH WATER MARK 1 TANK,B' DIA, 6' HIGH (5' EFFECTIVE DEPTH) LEACHING GALLEYS (4) HIGH WATER ELEVATION 16' TITLE COMPANY, GOVERNMENTAL AGENCY AND Joseph A Ingegno LS 2 CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 3,000 psi AT 28 DAYS EL -03' 11 e' LENDING INSTITUTION LISTED HEREON, AND 3 WALL THICKNESS SHALL BE A MINIMUM OF 3",ATOP THICKNESS OF 6"AND A BOTTOM THICKNESS OF 4" 1 MINIMUM LEACHING SYSTEM FOR 5 BEDROOM HOUSE IS 400 sq fl SIDEWALL AREA I TO THE ASSIGNEES OF THE LENDING INSTI- Title Surveys - Subdivisions - Site Plans - Construction Layout ALL WALLS,BOTTOM AND TOP SHALL CONTAIN REINFORCING TO RESIST AN APPLIED FORCE OF 300 psf 4 GALLEYS,4' DEEP, (85'z 475') ERIN TUTION CERTIFICATIONS ARE NOT TRANSFERABLE 4 ALL JOINTS SHALL BE SEALED S°THAT THE TANK IS WATERTIGHT 2 LEACHING GALLEYS ARE TO BE CONSTRUCTED OF PRECAST REINFORCED CONCRETE(OR EQUAL) SAND&GRAVEL PHONE (631)727-2090 FDX (631)727-1727 5 THE SEPTIC TANK SHALL BE INSTALLED AT LEVEL IN ALL DIRECTIONS(WITH STRUCTURES, SOLID DOMES AND/OR SLABS H A MAX TOLERANCE OF f1/4") 3 ALL COVERS SHALL BE OF PRECAST REINFORCED CONCRETE(OR EQUAL) ( THE EXISTENCE OF RIGHT OF WAYS 14' OFFICES LOCATED AT MAILING ADDRESS ON A MINIMUM 3"THICK BED OF COMPACTED SAND OR PEA GRAVEL AND OR EASEMENTS OF RECORD, IF 6 A 10' min DISTANCE BETWEEN SEPTIC TANK AND HOUSE SHALL BE MAINTAINED 4 A 10' m n DISTANCE BETWEEN LEACHING GALLEYS AND WATER UNE SHALL BE MAINTAINED 5 AN e' n DISTANCE BETWEEN ALL LEACHING GALLEYS AND SEPTIC TANK SHALL BE 6MAINTAINED ANY, NOT SHOWN ARE NOT GUARANTEED. 1586 Main Road P 0 Bax 16 p Jamesport, New York 11947 Jamesport, New York 11947 j __U8-0427-!11 isp—72q w'k1�Zvs eTI/2f FRANCIS J. YAKABOSKI RECE ED 1133 of ATTORNEY AND COUNSELOR AT LAW 1668 SOUND AVENUE FEB ® 4 2019 OV1U CALVERTON,N.Y. 11933 a (631)740-9707 ZONING BOAR®OF APPEALS (,byV3 ,f, alt () FAX(631)740-9709 email.francisyakaboski@yahoo.com January 30, 2019 Kim Fuentes, Clerk Zoning Board of Appeals Town of Southold 54375 Main Road P.O. Box 1179 Southold,New York 11971 Re: GCG Bayberry,LLC, Applicant for Variance 702 Wiggins Lane, Greenport,New York SCTM#1000-035-04-028.36 -File No.: 7242 Dear Ms. Fuentes: I am in receipt of the Memorandum forwarded to the Board of Appeals by the Chairman of the Planning Board regarding the above referenced application. Factually,the upland portion of the lot which is the subject of this application was created by Deed dated 4/27/1999 from Judith A. Deegan to Stephen and Renee Poncet Fitzpatrick. The Deed was recorded at Liber 11862 at page 833. The underwater portion was conveyed to Mr. Fitzpatrick and his wife, Renee, by deed from Peconic Holding Co., Inc., dated 11/30/1999 and recorded in December of 1999 in Liber 12008 at Page 374. Mr. and Mrs. Fitzpatrick own a home nearby on Wiggins Lane, and in 2011 determined to convey the lot which we are discussing to Renee. At that time, they made an error in that when they engaged Jennifer Gould, Esq., to convey the property they failed to give her both deeds but gave her only the deed for the upland portion. Between November of 1999 and December of 2011,the parcels existed as merged. The Zoning Board of Appeals granted variances in 1998, and a permit from the Trustees was obtained to bulkhead and dredge a portion of the canal. We believe the premises in its entirety should be recognized, the variances previously issued are still in place, and require no modification since the lands underwater are not used to calculate required setback variances. My clients have been in contract to purchase this land for nearly one full year. To required further proceedings beyond our scheduled hearing on the 7"' of February we believe is needless, causes undo expense to the contract vendee applicant, GCG Bayberry, LLC, and unwarranted delay to the grantors. Ve truly, FJY:kf F NCIS . IYA4�kBOSKI BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �`� ��® 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. a� 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoC®Uh19���v 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: 1:00 P.M. RENEE PONCET AND STEPHEN FITZPATRICK/CGC BAYBERRY, LLC (CV) #7242 Request for Variances under Article IV, Section 280-18; and the Building Inspector's August 28, 2018, Notice of Disapproval based on a determination for lot recognition, at; 1) at less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required minimum lot width of 150 feet, located at: 702 Wiggins Lane, (Adj. to Gull Pond Inlet) Greenport, NY. SCTM#1000-35-4-28.36. 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@southoldtownny.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 BONING 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: http://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 hearing, 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. i4UTI (M� E UF HEARI ,i4t� The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold : NAME : PONCET , RENEE # 7242 SCTM # : 1 000-35-4-28 . 36 VARIANCE : BULK SCHEDULE REQUEST: LOT RECOGNITION DATE : THURS . FEB . 7 , 2019 1 : 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 y i (6v TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS RENEE PONCET and STEPHEN FITZPATRICK/ GCG BAYBERRY, LLC (Name of Applicants) S CTM Parcel # 1000-3 5-4-2 8 .3 6 COUNTY OF SUFFOLK STATE OF NEW YORK I, Kathleen Franklin residing at 45 Pinehurst Dr-, int. Sinai New York, being duly sworn, deposes and says that: On the 16 th day of January , 20 19 I-personally mailed at the United States Post Office in Calverton ,.New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ()�-)Assessors, or( ) County Real Property Office for every property which abuts and is across a public or e street, or vehicular right-of-way of record, surrounding the pli ' is rop y. (Si ature) Sworn to before me this 2 9 th day of January , 201 9 (Notary 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. FRANCIS J YAKABOSKI ° Notary Public, State of New York No 9762290 Qualified in Suffolk County Commission Expires April 30, 1 /' D Ln p �GREE f'{3�T;ri�,'N� x'1`94,r t t° 1 �•: ° p •- - 1 °"I; � • !11--�--° � Gft Alf " ff! ]"V rf r 'A P EJ (3 µ7 Z Lw a t l !1_I Certified Mad Fee O $3.45 li 1 r ru Certified Mail Fee $ 4 0933 . �D $ 9:eJ J• 5 n C Extra Services&Fees(checkbox,add Des Po e �Ice � (check � � �• ) O 1...� Extra SeNICBS&Fees box,add fees ESpPo r e) I�V ❑Return Receipt(hardcopy) $ 111 A ❑Return Receipt(hardcopy) $ I a ❑Return Receipt(electronic) $_ ftp Ij r"��' tmark C� Return Receipt(electronic) $ tl I � � � ❑Certified Mad Restricted Delivery $ C— e,. ❑Certified Mad Restricted Delivery $ : tom`' OEl Adult Signature Required $ O ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ p ❑Adult Signature Restricted Delivery$ - ✓4* E3 P ostage MVV�r $ ostage $1.21 r •=�° ( $ $1.21 Total Postage and Fees 41 a Il f 019 ..11 Total Postage and Fees $ a $ $7.41 U-) Sent To - w _ � `�.�..� $en B I' o 1- . 0-c S a /� �ie Q e' -- j C ------------------------- p Street an �1�,e5r-�i�Box4�7��°d�'�--""`-"•'---'--•'•'�----------------^- 0 Stre tandApfNo,orPQBoxft(o.�--�---•-••-- r` lA�'') -91 n�__Lane------------------------ �` l a3' ' ------------- C�ty,State ZIP+4� Cdy,State IP+4°� r Green ort NY 1 1 9 4 4 '01 -_ 1 r1°•1 �5��.+i1 - l,'CJ� °° 1 ° °r1•° _��y�;,Y -_ 171- M • _ y, ° RI UERHEAD r=W 1'9i i <a= C3 ° 1,944 ";�,° , ;. ; ( _ Certified Mad Fee l_} l r p .• [, i3-45 I �✓' �€ s e 1{_s rt_t fU Certified Mad Fee 5 -D $3.45 0933 u.w, $ 0933 p Extra Services&Fees(checkbox,addfeeafYc� ) P �6 i0 p $ 7 -r 3 11 I Ir/1� u -n Extra Services&Fees(check box,add fee as r ia2) `I p ❑Return Receipt(hardcopy) $ b_._1 „g� j p ❑Return Receipt(hardcopy) $---- V �~ ' cis i J [I Return Receipt(electronic) $_ rail j tjj f ❑Return Receipt electronic �` — =— cePostmar ® p p(electronic) $ ►i' ' k p El Certified Mad Restricted Delivery $ d. F Here ❑Certified Mail Restricted Delivery $ p Adult Signature Required $ ',i, O E]Adult Signature Req $ r ❑ •$� [-]Adult Signature Restricted Delivery ❑Adult Signature Restricted Delivery$ f "+y -00 Postage $1.21 rp ' p Postage $1.21 6% 'q, 17. r-qTotal Postage and Fees Total Postage and F e to $ $7.41 a $ .41 sclt �1 19 Ill Sent To , u7 Seat-Tg. .s, r-qoc� 1 __ l� Vi d . 1 o p Sheet a o or ox No ' — � 1 1�� Street�n�dAp�No.,gyQ�pBo�x + Crty State +4 1__ - - ------ �1. M. e WS .tV r ()N DELIVERy ■ Complete items 1,2,and 3. A. Si nature ■ Print your name and address on the reverse ��J Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. to of Delivery ' or on the front if space permits. ��D I. Article Addressed to: D. Is delivery address different from item 1? ❑Yes 1 If YES,enter delivery address below: ®No COUNTY OF SUFFOLK + n 330 Center DRive Riverhead, NY 11901 i , IIIIIIIII IIII IIIII'III I IIII III I III III IIIIII III ❑Adultign tore Restricted Delivery 0 Registered MatIT1,11 3. Se ce Type ❑Adult Signature ❑Registered l Expr 0 lSi Mails ry E3 Registered Mail Restricted 9590 9402 2735 6351 5074 73 ❑Certifed MallO ricted Delivery Delivery 4 Cgllecton pel!Very ry C Merchgnrn dlse f� 2. Article Number(transfer from service iahe/l ❑Collect on Delivery Restricted Delivery d Signature Confirmation- 7 015 1660 0000 6 6 2 0 ' 0 5 4 7 ij insured Mail Restricted Delivery Restricted El Delivery tion - PS Form 381 1,July 2015 PSN 7530-02-000-9053 (over$500) Domestic Return Receipt TOWN OF SOUTHOLD ASSESSOR'S OFFICE GCG BAYBERRY SCTM#35-4-24 Charles Synder 704 Wiggins Lane Greenport, New York 11944 SCTM# 35-4-28.2 John F. Costello Trust 1210 North Road Greenport, New York 11944 SCTM#35-4-28.3 John F. Costello Trust 1210 North Road Greenport, New York 11944 SCTM#35-4-28.34 Suffolk County 330 Center Drive Riverhead, New York 11901 tTr�t to s e 7owijg7slelenc® Complete items 1,2,and 3.10 Print your name and address on the reverse � ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mallpiece, rinted Name) Date f Deliveryor on the front if space permits. 1. Article Addressed to. D Is delivery address differentf em 1'2 ❑Yes If YES,enter delivery address below. ❑No ,\ ' JOHN F. COS`.PELLO TRUST 1210 North road Greenport, NY 11944 II I IIIIII IIII IiI I II I VIII I II IIII III II I II I I 3. Service Type ❑Priority Mad axpressO ❑Adult Signature ❑Registered MaiIT"' ❑Adult Signature Restricted Delivery ❑Registered Mad Restricted ertified MaTD elnrery 9590 9402 2077 6132 5593 73 ❑Certified Mail Restricted Delivery turn Receipt for 11 Collect on Delivery Merchandise 2. Article Number(Transfer from service label) _ ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmatlonTm ❑Insured Mail ❑Signature Confirmation n ur M I R strict d D i Restricted Delivery _ 7015 166D �p[�i[,1, 1 t til 9 e�,� o 9„ 1„ , _PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt , COON •l�THIS'SECTION dN bELIVERY i Complete items 1,2,and 3. A. SignatureP ■ Print your name and address on the reverse X ` 1 Agent so that we can return the card to you. , 13❑Addressee A Attach this card to the back of the mailpiece, B. Received by(Printed Name) C.Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item i? ❑Yes If YES,enter delivery address below: ❑No CHARLES SNYDER 704 Wiggins Lane Greenport, NY 11944 3. II I IIIIII IIII Ill l ill l l I II I I I I I I II I II I II II I I II Service Type I3 Priority Mall Expresser 13 ❑ 13 Adult Signature Registered MaIlaII*�Tm" ❑Adult Signature Restricted Delivery ❑Registered Mail Resta,,."i Certified Mair �ellvery 9590 9402 2735 6351 5074 59 Certified Mail Restricted Delivery Return Receipt for ❑Collect on Delivery r MYlerChanOlse p_ Artirla Nnmhor fTran¢fnr from cproica label)___ _ ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation7fi9 7 015 16 60000-6620 ❑Insured Mail ❑Signature Confirmation 0 6'8 4' ', 17 Insured Mall Restricted Delivery ' Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt I 1 FRANCIS J. YAKABOSKI ATTORNEY AND COUNSELOR AT LAW 1668 SOUND AVENUE CALVERTON,N.Y. 11933 (631) 740-9707 FAX(631)740-9709 email:francisyakaboski@yahoo com January 16, 2019 John F. Costello Trust 1210 North Road Greenport,New York 11944 Re: GCG Bayberry, LLC—Variance Application Dear Sir/Madam: I represent GCG Bayberry, LLC. GCG has applied to the Zoning Board of Appeals of the Town of Southold for a variance. I enclose a copy of the Legal Notice together with a copy of the Survey (Site Plan) for the property. You are receiving this Notice because you are an adjacent property owner. Should you have any questions concerning this application, which will be heard on Thursday,the 7"' day of February, 2019 at 1:00 p.m., do not hesitate to contact me. All my contact information is on my letterhead. Very truly, FJY:kf FRANCIS J. Y KABOSKI Encs: i FRANCIS J. YAKABOSKI ATTORNEY AND COUNSELOR AT LAW 1668 SOUND AVENUE CALVERTON,N.Y. 11933 (631)740-9707 1 FAX(631)740-9709 email:francisyakaboski@yahoo com January 16, 2019 John F. Costello Trust 1210 North Road Greenport,New York 11944 Re: GCG Bayberry, L) —Variance Application Dear Sir/Madam: I represent GCG Bayberry, LLC. GCG has applied to the Zoning Board of Appeals of the Town of Southold for a variance. I enclose a copy of the Legal Notice together with a copy of the Survey (Site Plan) for the property. You are receiving this Notice because you are an adjacent property owner. Should you have any questions concerning this application, which will be heard on Thursday,the 7"' day of February,2019 at 1:00 p.m., do not hesitate to contact me. All my contact information is on my letterhead. Very truly, FJY:kf FRANCIS J. Y BOSKI Encs: FRANCIS J. YAKABOSKI ATTORNEY AND COUNSELOR AT LAW 1668 SOUND AVENUE CALVERTON,N.Y. 11933 (631)740-9707 FAX(631)740-9709 email:francisyakaboski@yahoo.com January 16, 2019 County of Suffolk 330 Center Drive Riverhead,New York 11901 Re: GCG Bayberry, LLC—Variance Application Gentlemen: I represent GCG Bayberry, LLC. GCG has applied to the Zoning Board of Appeals of the Town of Southold for a variance. I enclose a copy of the Legal Notice together with a copy of the Survey (Site Plan) for the property. You are receiving this Notice because you are an adjacent property owner. Should you have any questions concerning this application, which will be heard on Thursday,the 7t" day of February,2019 at 1:00 p.m., do not hesitate to contact me. All my contact information is on my letterhead. Very truly, FJY:kf FRANCIS J. YA c BOSKI Encs: FRANCIS J. YAKABOSKI ATTORNEY AND COUNSELOR AT LAW 1668 SOUND AVENUE CALVERTON,N.Y. 11933 (631)740-9707 FAX(631)740-9709 �I email:francisyakaboski@yahoo com January 16, 2019 Charles Snyder 704 Wiggins Lane Greenport,New York 11944 Re: GCG Bayberry, LLC—Variance Application Dear Mr. Snyder: I represent GCG Bayberry, LLC. GCG has applied to the Zoning Board of Appeals of the Town of Southold for a variance. I enclose a copy of the Legal Notice together with a copy of the Survey (Site Plan) for the property. You are receiving this Notice because you are an adjacent property owner. Should you have any questions concerning this application, which will be heard on Thursday,the 7"' day of February, 2019 at 1:00 p.m., do not hesitate to contact me. All my contact information is on my letterhead. Very truly, A FJY:kf FRANCIS J. AKABOSKI Encs: FRANCIS J. YAKABOSICI \V, ATTORNEY AND COUNSELOR AT LAW 1668 SOUND AVENUE RECEIVED CALVERTON,N.Y. 11933 ®® ��gg (631)740-9707 FEB 0 FAX(631)740-9709 ZONING F30ARP OF APP email:francisyakaboski@yahoo.com January 29, 2019 Zoning Board of Appeals 53095 Main Road Town Hall Building P.O. Box 1179 Southold,New York 11971-0969 Re: Renee Poncet and Stephen Fitzpatrick/GCG Bayberry, LLC, Applicants for Variance 702 Wiggins Lane, Greenport,New York S CTM#1000-03 5-04-028.3 6 Gentlemen: Enclosed please find copies of letters sent to owners as maintained by the Assessor's Office abutting the above property with Legal Notice together with green/white receipts postmarked by the Post Office and Survey (Site Plan). Also enclosed is the Affidavit of Mailing. Very truly, 4 FJY:kf FRAN IS J. Y BOSKI Encs: 02/05/2019 11 16AM FAX 6317409709 [a0002/0002 c6c 6" �(,;j TOWN OF SOU'1'PIOLD 1"� ZONING BOARD OF APPEALS C SOUTHOLD,NEW YORK C AFFIDAVIT, OF In the Matter of the Application of POSTING RENER PONCET and STEPHEN FITZPATRICXt GCG'tBAYBUOY,. LLC (Name of Applicants) r Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- 35-4-28.36 COUNTY-OF SUFFOLK) STATE OF NEW YORK) I, chaarles ThnmaG 206 Lincoln Street Riverhead ,New York,being duly sworn, depose and say that: On the 29•t b day of 7anuary _ _,2019 ,I personally placed the Town's Official Foster,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 ()2107/2019 _ (Signature) Swprn to before me this Day of , 2019 FRANCIS J YAKABOSKi otary Public,Statp of New York (Not ublic) No 9762290 Qualified in Suffolk County Gomm{sslon 9xpires AprO 30, 179�_.r.. J * near the entrance or driveway entrance of my property,as the area most visible to passerby. #0002303640 STATE OF NEW YORK) COUNTY OF SUFFOLK) ICO 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 dj6lo Sworn to before me this day ofx1eq, . CHRISTINA VOLINSKI WARY PUBLIC-STATE OF NEW YORK No,01V06105050 ®11A11t1ed in Suffolk County nr�fs�Wfl bEpir@4fbgruary 28,2020 r 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-MOBII,E#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 P.M.-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 mmimum 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 III, 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 III, Section Boulevard,(Adj.to Great Peconic Bay)Lau- 280-13 B(1)and Article VIII,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 28049 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 XXII, restaurant on the first floor and to construct a Section 280-116A; Article XXIH; 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 swimming required 35%of subject lot,located at:Hound pool,and make alterations to an existing"car- Lane,Fishers Island,NY.SCTM#1000-12-1- 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 family 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 XXM,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- III,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 permit 11:30 A.M.-STEVEN CROM#7240—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 the Building 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 Horton 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 mmi- BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson 0f SU(/T.O 53095 Main Road•P.O.Box 1179 \\ 1p 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 29, nu Southold,NY 11971 http://southoldtowmy.gov ((� ZONING BOARD OF APPEALS l� TOWN OF SOUTHOLD OCT 7 2018 Tel.(631) 765-1809•Fax(631)765-9064 Southold Town Planning Board MEMO TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: October 17, 2018 SUBJECT: Request for Comments ZBA# 7242 Poncet, Renee/Fitzpatrick, Stephen The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. APPLICANT TAX# ZBA# HEARING CODE DATE OF PREPARER ZONE DATE , SECTION STAMPED OF DIST SURVEY/SITE SURVEY PLAN Poncet, 1000- #7242 February Article IV February 22, Nathan Taft Renee/Fitzpatrick, 35-4- 7, 2019 Section 2018 Corwin III, Stephen 28.36 280-18 Land Surveyor Thank you. Enclsj BOARD MEMBERS aouthold Town Hall Leslie Kanes Weisman,Chairperson *�f SO 53095 53095 Main Road• P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes C, Town Annex/First Floor Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoCOU Southold,NY 11971 http://southoldtownny.gov go C C1p ZONING BOARD OF APPEALS U TOWN OF SOUTHOLD OCT6 2018 Tel.(631)765-1809•Fax (631)765-9064 Southold Town Planning Board October 12, 2018 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref.No. #7242 Poncet, Renee/Ftizpatrick, Stephen Dear Mark: We have received an application for lot recognition. 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 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperso By: Encl. Survey/site plan: Nathan Taft Corwin III Land Surveyor Dated February 22, 2018 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF SU!/Ty0 53095 Main Road- P.O.Box 1179 1p 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 PlanamentoOI,YC^ Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)''765-1809-Fax(631)765-9064 October 12, 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 #7242 Owner/Applicant: Poncet, Renee/Fitzpatrick, Steve Action Requested: Lot Recognition 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 Chi p rson By: v] Encls. Survey/Site Plan: Nathan Taft Corwin 11I, Land Surveyor, Dated February 22,2018 - BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson "®F s® �® 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CA Town Annex/First Floor; Robert Lehnert,Jr. ® �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��c®� Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 February 28, 2019 Frank Yakaboski Attorney at Law 1668 Sound Avenue Calverton,NY 11933 Re: ZBA File# 7242 Poncet-Fitzpatrick, 702 Wiggins lane, Greenport SCTM No. 1000-35-4-28.36 Dear Mr. Yakaboski; 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 with copies forwarded to the Planning Board and Building Department. Please contact the Planning Department regarding the next step in this process. Sincerely, �-el " Kim E. Fuentes Board Assistant Encl. cc: Building Department Planning Department i e..:.;'4`N"k« .....%iC:'rc+':'[;✓-',y 5''v :.. �.`ao...-�++Y:au- w`..} ••�y"•m,•_,,..'n�M1�.+_+.`.__ �. , f'o / Aer&, °-030 --ZZ--` i�frr�v• "i...R.. ry +9 ,oma O �,@ � . c. a� — -Xr- 3 SG WOLF 'S 'fa 1� yA •y - ' � 1 P�cl 52 a O N A, $2 � �9 �,•. 's r� �Y 15P� i "' � a`�� qty�2� �`U ��e6 s by3 � g "P •� � g25 ��,��.s 9 - "e ,�3 %20 rm $y 2�� �d � ` $ ° - 2 � ��' $2 'P •\,`� 2a��` 2a30 .2H1 �j, a e��. 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