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-- - ---- --------- ---- g05-ap 5t-¢iteew Subdivision and construction of a new single family dwelling and accessory building; • Following the proposed subdivision,"lot 9"will measure 6,898 sq.ft in total ; size and"lot 10"will measure 6,603 sq.ft in total size with each having a lot 1 width of±56 ft and a lot depth of±119 ft(Lot 9)and±114(lot 10), Total lot coverage on lot 9 following the proposed subdivision is 23.1 • If subdivision is granted,the applicant is asking for a permit to construct a new; single family dwelling and accessory building on lot 10, • Following the proposed construction,the dwelling will have a front yard setback of 22.3 ft(Flint St), • Southold Town Planning Board approval will also be reauired. Art IV Sec 280-18'Art XXIII Sec 280-124; PH 6/6/19 �� ��� -10-1 I'l Dev1 , ��� tl CHECK BOXES AS COMPLETED ( ) Tape this form i ( ) Pull ZBA copy o" ( ) Check file boxe! q Q Q ( ) Assign next nun outside of file fi y o .. ( ) Date stamp ent file number m -„ -o n w o o ( nch eni x o h O -� m C ) Holeu co (before sendini " 0 or Cn ( ) Create new ind . �, °� c cn ( ) Print contact it (p} A z w in co m C7 ( ) Prepare transn A" an 3 -4 Cn ( ) Send original a Q. o w � " to Town Clerko CTI ( ) Note inside HE a and tape to in! 3 o ( ) Copy County Tz neighbors and A -n ( ) Make 7 copies an ( ) Do mailing label � N co CD i IYO f -11 2-c> -(0/2'a I( No pew, 6 BOARD MEMBERS so 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. 54375 Main Road(at Youngs Avenue) C Nicholas Planamento ®UNT`I, Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS �K` (� I 10: IS AVS TOWN OF SOUTHOLD AUG - 5 2019 Tel.(631)765-1809-Fax(631)765-9064 �. 'n . SOU old Torn Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 1, 2019 ZBA FILE: #7289 NAME OF APPLICANT: 905 9TH STREET, LLC PROPERTY LOCATION: 905 9th Street, Greenport,NY SCTM#1000-48-2-29 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. 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. TOWN OF SOUTHOLD PLANNING BOARD: This application was referred to the Planning Board for review and comments. In a memorandum dated June 20, 2019, the Planning Board recommended denying the application based upon the potential for cumulative adverse impacts to traffic,water quality and water quantity by adding more septic systems which are not consistent with the Town's Comprehensive Plan. The subject parcels were originally created as early as 1909 from the filed subdivision map known as the Greenport Driving Park. These early subdivisions are known as "old-filed maps", and were done well before there were comprehensive efforts to plan development and understand its impacts, and well before zoning was put into effect. These maps were not subject to any review or critical thinking about what level of development would be sustainable. In 1957 the Town Board found that zoning was necessary to protect the quality of life in the Town and to prevent overcrowding and excessive traffic in the future, and the first zoning was put in place. The subject area was zoned A-Residential with a minimum lot size of 12,500 sq. ft. In the early 70's the minimum lot size was revisited due to concerns over water quality and was increased to 40,000 sq. ft. In 1989,this area was re-zoned to Residential-40 and continues to have a minimum lot size of 40,000 sq. ft. PROPERTY FACTS/DESCRIPTION: The subject property is a nonconforming lot of 13,501 square feet in size in a R-40 Zoning District. The northerly property line along Flint Street measures 114.76 feet, the easterly property line measures 112.52 feet, the southerly property line measures125.25 feet, and the westerly property line along Ninth Street measures 112.94 feet. Presently, the lot is developed with a single-family one-story residence on the southerly portion of the property that is shown as proposed lot #9 with a total lot area of 6,898 square feet and proposed lot#10 is presently vacant and has a total of 6,603 square feet as shown on the site plan dated January 7, Page 2, August 1, 2019 #7289, 905 9"' Street LLC SCTM No. 1000-48-2-29 2019 prepared by Anthony M. Portillo, Architect. The dwelling on lot known as#9 is approximately 1,427 square feet. This parcel is a corner lot with two front yards on Ninth Street and on Flint Street BASIS OF APPLICATION: Request for Variances from Article IV, Sections 280-280-18, Section 280-124; and the Building Inspector's February 7, 2019 Notice of Disapproval based on an application to approve a two lot subdivision and a permit for the construction of a new single family dwelling and accessory building (garage) on proposed lot 410); at 1) proposed two lots will measure less than the minimum lot size if 40,000 square feet; 2) proposed two lots will measure less than the minimum lot width of 150 feet; 3) proposed two lots will measure less than the minimum lot depth of 175 feet; 4) proposed lot #9 with existing single-family dwelling will have more than the code permitted lot coverage of 20%; 5) proposed lot #10 with proposed single-family dwelling will have less than the code required minimum front yard setback of 35 feet; at: 905 9"' Street, Greenport, NY. SCTM #1000-48-2-29. RELIEF REQUESTED: The applicant requests variances for a subdivision which would create two substandard lots each less than the bulk schedule requirements of 40,000 square feet in area, a minimum lot width of 150 feet, and a minimum lot depth of 175 feet. The two proposed lots will measure 6,898 sq. ft. and 6,603 sq. ft.; respectively. Furthermore, the subdivision will create lots with insufficient widths and depths. The proposed lot known as #9 will have a lot width of 56.47 feet and lot depth of 119.99 feet, and proposed lot known as #10 will have a lot width of 56.47 feet and lot depth of 114.76 feet. The application also proposes the construction of a new single-family dwelling and accessory garage on proposed lot #10 which would require a variance for a front yard setback of 22.3 feet fronting Flint Street, instead of the required 35 feet; and would result in lot coverage of 23.1 percent on proposed lot #9 in excess of the code permitted maximum of 20 percent. ADDITIONAL INFORMATION: The surrounding area has a high level of residential density with small lots that were created prior to present land use zoning. Many of the parcels have been improved with additions, since many of the original homes were summer cottages. The Southold Town Planning Board requested that the ZBA adjourn the June 6, 2019 hearing on this application in order to receive their comments and recommendations regarding the subject proposed subdivision and the proposed subdivision of a nearby property which is also before the ZBA. The Planning Board's comments were received on June 20, 2019 (see above). The applicant's attorney was given a copy of those comments so that he could address them at the July 3, 2019 hearing. At that hearing he summarized the Planning Board's concerns about the town wide adverse impacts that would be created by the subdivision of properties that would result in smaller, non-conforming lot which are not in keeping with the Town's Comprehensive Plan, and that their recommendation to deny the two applications before the Board was based upon the undesirable precedent that an approval by the ZBA would establish throughout the Town. The applicant's attorney then stated that the Planning Board's comments did not address the specific application(s) before the Board but rather looked at the possible build-out of the entire Town as an argument for denial of the proposed subdivision. He further argued that their comments were not relevant to the applications before the ZBA which are always site specific, in context with the nature of each neighborhood in which properties are located; and that the Board must apply a balancing test under New York Town Law 267-B based upon 6 statues (Town Law 267- b(3)(b)(1-6). The applicant's attorney also submitted several exhibits consisting of a tax map and site plans analyzing lot sizes and setbacks in the subject neighborhood. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 6, 2019 and July 3, 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- Page 3, August 1, 2019 47289, 905 9"' Street LLC SCTM No 1000-48-2-29 1 Town Law §267-b(3)(b)(1). Grant of the variances will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The lots in the subject neighborhood were created in the early 1900's as a filed subdivision map. The area contains parcels of varying sizes; many being small lots developed with modest one-story dwellings. There are also numerous two-story dwellings that have been enlarged over time. Because the entire subdivision pre-dated zoning, many non-conformities were created based on the bulk schedule when zoning was first created in 1957. The entire neighborhood was up zoned in the early 1970's due to concerns over water quality and quantity. The subject parcel resulted from the merger of two adjacent lots to support reducing residential density town wide and the related number of septic systems that would result, ultimately lowering water quality and quantity. While it could be argued that the subdivision of the applicant's larger lot, which is similar in size to some of the other corner lots in the neighborhood, to restore the original boundaries of two small lots, will not cause an adverse change in the neighborhood, the Board finds that it could also be argued with equal force, that the approval of the eight (8) variances being applied for makes little sense in the context of current zoning. Although the applicant referenced lots of similar or smaller size to the lots that would be created by the proposed subdivision of the subject property, there are also numerous lots of equal or greater size to the subject property in the neighborhood. In fact, the adjoining lot to the south is larger than the subject property at .43 acres. Therefore, the Board finds that the granting of the requested relief will result in an undesirable change in the character of the neighborhood. 2. Town Law X267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The subject lot was created when proposed lots 9 and 10 were up zoned through the merger law(Town Zoning Code 280-10A). The applicant does not meet the standard for waiver of merger and therefore, a subdivision is the only way the applicant can create two lots. 3. Town Law 4267-b(3)(b)(3). The variances herein are all mathematically substantial, representing 82.7 % relief from the code on proposed lot #9 and 83.4% relief from the code on lot #10 for insufficient lot areas. Lot size relief is substantial compare to current zoning requirements. The code required lot width on a 40,000 square foot parcel is a minimum of 150 feet; each proposed lot would have a width of 56 feet, representing 62% relief from the code. The minimum required lot depth is 175 feet. The proposed lot depth of Lot #9 and is 119.99 feet and Lot #10 is 114.76 feet representing 31% and 34%; respectively, relief from the code. Furthermore, mathematical relief from the code for the front yard setback upon proposed lot#10 is calculated at 36%, and exceeding lot coverage for proposed lot#9 is calculated at 15%. While it could be argued that these non-conformities are less dramatic in the context of the other non-conforming lot sizes in the neighborhood that pre-date zoning, in addition to the 6 variances required for the two lots proposed through this subdivision application, an additional variance would be required for a non-conforming lot coverage for the developed lot, where none currently exists, and the construction of any dwelling on proposed lot 10 would also require a front yard setback on this corner lot. 4. Town Law §267-b(3)(b)(4). Comments from the Southold Town Planning Board have been submitted to suggest that a variance in this residential community will have an adverse impact on the physical and environmental conditions in the neighborhood which include affects to traffic, water quality and quantity. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. Map lots 9 and 10 were described as one parcel. The circumstances are not unique since the subdivision map filed in 1909 which predated the zoning ordinance created many substandard lots. Furthermore,the practical difficulties alleged by the applicant are not sufficient to approve the proposed undersized lots. There are lots similar in size to the existing lot located in the immediate vicinity. 6. Town Law &267-b. Grant of the requested relief is not the maximum action necessary to enable the applicant to benefit from creation of a subdivision that will add another single-family residence and accessory building Page 4, August 1, 2019 47289, 905 9"' Street LLC SCTM No. 1000-48-2-29 (garage) on lot#10 further adding to the congestion of the neighborhood and not following the zoning codes of the Town of Southold that are in place today. 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 Weisman (Chairperson), seconded by Member Planamento, and duly carried,to DENY the variances as applied for, Vote of the Board: Ayes: Members Dantes, Acampora, Planamento and Lehnert.Nays: Member Weisman (Chairperson) (4-1) Z,4e,.41 b&j��v Leslie Kanes Weisman, Chairperson Approved for filing /2019 RECEIVED FEB 0 9 2619 SURVEY OF PROPERTY ZONING BOARD OF APPEALS AT GREENPORT -- P NT TOWN OF SO UTHOLD S82•46'10"E ,STREET SUFFOLK COUNTY, N. Y. 1000-48-02-29 `X-X'CyAN X-X_ 114.76, FENCE SCALE.- 1'-20' UNK r~X� X�x— X� JUNE 22, 2005 XIX DECEMBER 2, 2005 (Certifications) FE tow I e LOT 10 I �k N _ ex o LOT 9 k CERTIFIED TO: 124, EAVE N k , THEODORE L. HUGHES ^ } eRiccoroc. KIMBERLY A. HALLOCK = 60.4• I CHICAGO TITLE INSURANCE COMPANY BANK OF NEW YORK ' S7Y AR. HSE. W I � ,M FE N e k In 05'N �` • _ �! 60.4' t j k1 N N82.4 ,V FJ.E I 6 10 w CHAIN UNK 8 w k 0.8' EA VE CE Ff I 12523� �N LOT 8 srAoE cE LOT NOMBERS REFER TO "GREENPORT DRIVING PARK" i FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON DECEMBER 1, 1909 AS FILE /C. NO. 49618 ANY AL7ERA77ON OR ADDITION TO THIS SURVEY IS A VIOLATION ptt C ;,•,CPS, OF SECTION 7209OF 7HE NEW YORK STATE EDUCATION LAW. ' (6 1) 65 -52 AIAX�(6 1) 765-1797 ■=MONUMENT EXCEPT AS PER SEC77ON 7209—SUBDIVISION 2. ALL CERTIFICA770NS P.O. HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF AREA=13,501 SQ. FT. SAID MAP OR COPIES BEAR 7HE IMPRESSED SEAL OF THE SURVEYOR 12p5-175 WHOSE SIGNATURE APPEARS HEREON. SOOT t�� OFFICE LOCATION: MAILING ADDRESS: S't,U" Town Hall Annex �®f S®��� P.O.Box 1179 4375 State Route 25 Southold,®�® Southold, NY 11971 r ( r.Main Rd. &Youngs Ave.) 1 � � , � Telephone: 631 765-1938 Southold,NY www.southoldtownny.gov - Coum J PLANNING BOARD OFFICE JUN 0 Ms TOWN OF SOUTHOLD Board of,XP-*% honing �. MEMORANDUM �agq To: Leslie Kanes Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Planning Board Chairman Members of the Planning Board Date: June 20, 2019 Re: Request for Comments — Lot�Area Variances related to Old Filed Maps ZBA File #s 7289 & 7294 The Planning Board has reviewed your request for comments regarding the above- referenced files, and recommends denying both of these applications based on the potential for cumulative adverse impacts to traffic, water quality and water quantity. This recommendation is, in part, due to the precedent this would set of granting large area variances for very small lots that could affect neighborhoods in at least 18 other areas in the Town, from Laurel to East Marion. Setting this precedent is not consistent with the Town's Comprehensive Plan. The subject parcels were originally created as early as 1909 from the filed subdivision map known as the Greenport Driving Park. These early subdivisions are known as "old- filed maps", and were done well before there were comprehensive efforts to plan - development and understand its impacts, and well before zoning was put into effect. These maps were not subject to any review or critical thinking about what level of development would be sustainable. Examples can be seen in the County's tax map books as areas with very small lots, and, where some of the original small lots have merged, the original parcel lines are shown as dotted lines (Figure 1). In 1957 the Town Board found that zoning was necessary to protect the quality of life in the Town and to prevent overcrowding and excessive traffic in the future, and the first zoning was put in place. The subject area was zoned A-Residential with a minimum lot Southold Town Planning Boa_ _. Page 12 June 20, 2019 size of 12,500 sq. ft. In the early 70's the minimum lot size was revisited due to concerns over water quality and was increased to 40,000 sq. ft. In 1989, this area was -4 and continues to have a minimum lot size of 40 000 s . ft. U re zoned to Residential-40 � q See Table 1 for the minimum lot size requirements of this area over time. Table 1. Minimum lot size for the lots in the subject neighborhood Year 1909 1957 1970's Current Minimum Lot Size No zoning 12,500 sq. ft. 40,000 sq. ft. 40,000 sq. ft. in place The variances requested for both applications are substantial and the lot area variances range from 74% to 83% as shown in Table 2. The proposed lot sizes are very small and in the case of File 7294, even smaller than the average lot size in the neighborhood,y which is about 8,000 sq. ft-TFe applications both lack compelling reasons to grant such large variances as both were purchased in their current state as single parcels. And while the applicant's attorney for File# 7289 makes a logical argument for an alternative view of whether the variance is substantial, it isn't relevant to the question of how substantial the relief is as compared to the zoning requirements. Table 2. Percentage of Variances Requested File 7289, 905 91" St LLC, 48-2-29 Area Area % Lot Width Width %Width Depth Depth % Depth Proposed Required Area (ft.) Req. Variance (ft.) Req. Variance (sq.ft.) Variance Lot 9 6,898 40,000 83% 1 561 150 63% 1 119.001 17532% Lot 10 6,603 40,000 83% 56 150 63% 114.00 175 35% File 7294, Sinha, 48-1-23 Area Area % Lot Width Width %Width Depth Depth % Depth Proposed Required Area (ft.) Req. Variance (ft.) Req. Variance (sq.ft.) Variance Lot 1 10,267 40,000 74% 90 150 40% 124.175 29% Lot 2 9,260 40,000 77% 75 150 50% 1 28 175 29% The highest density zoning in the Town Code is found in the Hamlet Density (HD) and Affordable Housing (AHD) Zoning Districts where the minimum lot size is 10,000 sq. ft. Both districts allow higher density in exchange for a benefit to the Town, which can be seen as mitigation to the impacts. The HD has a size limit for full build-out of 1,200 J Southold Town Planning Boa._ Page 13 _ June 20, 2019 square feet, which allows for more diversity in the housing stock, and the AHD requires the homes to be affordable in perpetuity, which serves a dire need in the town. In this case, the applicants are requesting more than the highest density allowed in any zoning district in the Town, with nothing to off-set the impacts. The new homes will be sold at market value, and are almost guaranteed to be much higher in sale price than what is considered affordable. There is no limit to the size of the new houses beyond the lot coverage limit of 20%. The smallest lot could have a house of almost 4,000 sq. ft. if it includes a finished basement, while the new house on the larger lot could be over 5,000 sq. ft. One of the new parcels requires a lot coverage variance for the existing house. The Town's Comprehensive Plan, which currently consists of several plans including the Local Waterfront Revitalization Plan as well as the Town Code, identifies the Residential-40 Zoning District as having a minimum lot size of 40,000 square feet. Nearly all the parcels in the subject neighborhood are pre-existing, non-conforming with regard to the lot dimensions and setbacks in the Town Code. Applying a zoning district with a larger minimum lot size was intentional on the part of the legislative body of the Town, and has been common practice to reduce the impacts that come from overly dense development over time. This is the main goal of the merger law that requires that undersize parcels merge when held in the same ownership. Granting substantial area variances using the rationale that the other lots in the neighborhood are small would undermine the zoning in all the areas where there are smaller lots. The Planning Board reviewed the old-filed maps of the Town and found at least 18 neighborhoods that could be subject to the same type of area variances requests (Figure 2). If the precedent is set by granting these variances, the concern is that more applications will come in to divide properties using substantial variances. An estimated 600 additional single family homes could result, which significantly increases the Town's future buildout (Table 3). And an increase in the Town's future buildout will have adverse effects on the Town over time. The adverse effects would include an increase in traffic, and a strain on the water supply, as well as increasing the pollution of our drinking water and bays and creeks by adding more septic systems. Even with a sewer connection some nitrogen pollution enters the Long Island Sound through the outfall pipe. And sewer connections, while good for preventing excessive nitrogen in the groundwater, prevent that water from re-entering the system, reducing the amount of fresh water re-entering the aquifer. Thank you for this opportunity to provide comments, and please feel free to contact the Planning office with any questions. Table 3. Analysis of Old-file Map Areas in Southold Town #of additional #tax lots lots by variance Tax Map containing based on old old-filed map filed map lines lot lines (conservative estimate) Old Filed Map dates&names General Location 1873 Champlin Place, 1914 Buckley Farm, Sterling Place, Knapp Place, Bailey Ave, in 34 33 39 1873 Sterling Manor Greenport West Old Orchard Lane,Cedar Lane and vicinity, 37 47 52 1927 Gardiners Bay Estates Section 2 East Marion Wilmarth Ave,Washington Ave, Greenport 41 16 18 1927 Washington Heights West 1930 Estate of S. Buel Corwin, 1909 Greenport Driving Park, 1913 Greenport Driving Track(Greenport Drivin Park and Driving Track map the same area with a 9th, Brown, Linnet, Flint,Corwin,Wiggins 48 35 49 slightly different lot design) streets, Greenport West Bayview Avenue, Greenport West(East side of 52 16 16 1933 Summer Haven Arshomomaque Pond) 1927 Wickham Park, 1933 & 1938 Peconic 53 17 19 Bay Estates Bay Shore Road,Greenport West 1 67 25 26 1924 Peconic Shores, 1930 Peconic Shores 2 Huntington Blvd area off Mill Lane, Peconic Smith Dr, Bayberry Rd, off Main Bayview Rd, 76 31 31 1937 West Creek Dev, 1948 Goose Neck (Southold 77 23 30 1934 Goose Bay Estates Cedar Dr, Pine Ave, Oak Ave,Southold Reydon Dr, Oak Dr,W Shore Dr, Grove Dr, 80 40 47 11931 Reydon Shores Lake Ave.,Southold 98 4 4 1935 Nassau Farms subdivision Pine Tree Rd, Pine Tree Rd Ext., Cutchogue 1913 Indian Neck Park, 1963 Arrowhead ;Arrowhead Ln,Smith Rd, Robinson Ln, 98 20 20 (Cove, 1961 Peconic Bay Oaks ;Cutchogue Sterling Road, Horton Road, Pine Tree Road 104 19 21 11935 Nassau Farms subdivision Ext., Cutchogue 110 9 9 '1938 Fleetwood Cove Fleetwood Rd,Stillwater Ave,Cutchogue 1926 Nassau Point Club Properties, Nassau Nassau Point Rd Haywaters Rd.,Wunneweta 111 37 40 Point Amended Map A(no date) Rd areas, Cutchogue 1921 Codling and others unspecified in Town 113 33 40 records Blocks 8, 9, 10, 11 Westphalia Rd, Meday Ave area, Mattituck 126 34 59 1928 Tuthill George I, 1929 Downs A L, Bray Ave area, Laurel 136 16 23 1928 Eugene Heights, Oak St, Pierce Dr,Stillwater Ave, Cutchogue - ------------- -- - - - - - - - --- - - - -------- 1938 Fleetwood Cove, 1930 Hand MS, 1939 137 29 33 Hand MS Sec. 2 Stillwater Ave,Track Ave, Cutchogue 1929 Garden Heights, 1935 Mattituck Heights Marys Rd, Conklin Rd, Freeman St, Bayer Rd, 139 25 29 Amended Mattituck Total 605 >i Revlslas � 06-1697 _ 10-0200 N 3 .M2 10-28-02 11-OB-02 « 03-13 03 Figure t0-02-03 41 uNEN R 12 05-03 05-0304 Tax Map with FOR PCL N0 04-17-06 /� I1 07-30-07 I �—SEE SEC NO 06-12-16 old-filed map lines yy/I $c V H2O�9 I� 06-14-17 Pm +o MI2986)3 07-17-17 2 �� E2 9)m 2 e 1' �Y2a 25E zryi I Z a4M)5212SE 195 w 4 � \N7T9�p 61 R'D- S0 12 73 - w 10 j1 N MAIN e 13 3 01 m A 1� e 1m1 � m + 18, - _-- X22 •� I � 8 -. 7294 - " p 23" Irn .10 $T. 361 O34 V41GGINS m7 3O 31 3 _ 37+ - 7S 26 n 24 1t>' --s' �' O .px 381 -�- r S e m D Old-filed map lines ---r g m P° ` x 1 43 '1 a 1. - , .do (501 I,OZUS437 i gdd96907d 4421 ,s, _ 471" GoRW1N ; m b+ N=113574 l a 1 1 1 , 4N969375 �.- Existing Sewer _'e1' +1.5A 1 ' M, 1 ' 0 O �15 7, 1 N 9,f 6�• trn 8 7 (50� O ST FLINT 16 m 1 20c,c 1 8 17_--ten - 22-11 8 00 28 27 26 2$ 24 -23 - 1 �. 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BROWO N 1 1 n 1 1 43 44 4$ 46 I ' iv 1 1 1 d7-31 ' ` 142$ W 1 1 1 , MIIN1 • NSE Tu x 47R --- 5 1 4�2/�6(' �' — 1 _ y w to I COUNTY OF SUFFOLK © K oo, TO—OF SOUTHOLD SECTION NO L Pmpuhmlmbm nz semr>Pra,.. roam owuu.. --N-- Iuaew uul.*lonman+seua P�RaaennEs NOTICE flyy� E s.ee.n..,ww. .RewmN>,�rouowlNeas y E y am —�— �m,m.�„,N> (21) �N> O � �- --P-- °°�>- ^ �oaoL ;° NWNTENANOEATERAnONSP1EOR Real Property Tax Service Agency Y 016 006 YILLNGEOF 048 G S ' T __ --w-- 1Eeuy l%Wdl- MST FRE NR>tiVR OISTRIIIUnON OFIWYPORTION OF THE County Center R,Verbe.4.NY 11901 fH 048 E .erm.e.Wt. - -- °°,e"`" m t� -- twuod,nL.,. --L-- oowe u..--d-- tL— 4e YwrLR 'r SUFFOLK COUNTY TW(1MP Ib PROW&TED S.- E.c pl F!£l:' N mrs�. 1,.. —_- e.ao.,.a,>. ——ro—— ®..�va..u..——.w+—— larvse :M1, A M_ -121 A(�or 121A •rneN/v+cE w.slfvn,ER VNTNOUT—.-EN PERNI5510N OF THE r 4 m O65 DISTRICT NO ----- -- -- -- - REx PROPERTYr SER,r10Ee0ENCr _ - _ P 1000- -- PROPERTY MAP xrc,";�":+'%�E. ''`+1--T rx-,ePr:C^^�^.l. - - .,.�Aec, __"+ `":.... Y:L+r¢�� �sa _ __ .. ae.z� ev--'•.. 1:-_ -}7"". �•°"i'ct�c r'�- rw'T�' .. ;�� _""'�'`' •T'`u. :�:S.it :'v�. �.s.�.'.+.�`.'- A...�.Ga'���`'n,..r� .`�m ` ��:,�..•- oss+' ` .si�s'..+s�i:.t:«i:£��v'tu�'t' `�..gi�.;rL:• +J;r.�..,e.'i:` .,.n.^S".i;_.� ,...:.. t$xePr:r:�i` '±:�'� t~ � ✓ I I I Figure 2. Areas with Old-Filed Maps, Southold Town m �' � far-d t o bq Areas with Old-filed Mapsr � o LIO b f :l.yn a, .i, f• - x`�r 0'1 b 'Opp !L.'^. �• ~4 S e 1.5 3 6 1, Miles r FORM NO, 3 �a i TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT- SOUTHOL.D,N.Y. FEG 0'8 2019 NOTICE OF DISAPPROVAL DA"1 F: Nojvemli�rA3i�(20119PF-ALS RI NEW&AMENDED: .'ebruarry 7 2019 TO: Lark&Folts, rsgs. (905 9"'St. LLC) PO Box 973 Cutchogue, NY 11935 Please take notice that your application dated Nov_ernber 20, 2018 For a permit for a subdivision And construction of a new single lzirnily dwelling*and accessory buildint; at Location of property 29L2"'Street,Greellport.NY County Tax Map No. 1000- Section 48 Block 2 Lot 29 Is returned herewith and disapproved an the following grounds: Theproposed subdivision to create two lots in the Residential R-40 District is not pegaftLed ursuailt to,Article 1V Cha ter 280-19, which states "No building or remises shall be used and no buildiri>or ar i thereof shall be erected or Y altered in the„Low-Density Residential R-40 District unless the same conforms to the requiremenbs of the Bulk Schedule and of the Parkins,Schedule" Sulked schedule rug uires a miniinam lot size of40 000 cYuare feet a minimum lot width oi'150 Leet, and a mulimUnl lot depth of 175 feet. Following the pro osed suhdivision lot 9 will measure 6 898 s care;feet in total sizc and lot 10 will measure;6.603 square fret in total size,with each havinl;a lot widtli of+/-,56 feet and a lot depth of+/- 119 foot Lot 9 and-1-/- 114 feet (lot al Furthermore thcproposed subdivision iR not permitted pursuant to Article XXlll Section 280-1245 which states that non- conforming lots inaasuring less than 20,009-1m arc allowed a maximum lot coverage of 20 percent. BTotal lot coverage on lot 9, fallowing the proposed subdivision is, 23.1 percent. If the Subdivision is granted the applicant is aslcint;for a pcnnit to cnnslruct a new single family dwelling and accessory huitdiuig on"Lor 10", yr That proposed construction of a single family dwelling is not nermiucd pursuant to Article XXIII, Section 280-124,which states that ,on lots measuring less than 20.000_sguar•e loot in total size,the minimum lriont yard setback is 35 feet. 4Followin m the prqposed construction the dwelling will have a front yard setback of 22.3 Q& Flint Street), i Southold Town Planning Board approval will also be required. This Notzee of Disapproval was arnanded ort February 7 2019 to eerrtove the meed force 1�Pron1 Yard setback variance on Strcget based an average salback. Note to Applicant: Any change or deviation to the above referenced application mayT,.quieadditional review from the Southold Town Building Department. --- - _ Fee:$ Filed By: Assignment No. 1Ut r_ ® t®R . APPLICATION TO TAE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE FEB 0 2Q�g House No. 905 Street Ninth Street Hamlet Greenport --pir-WARD p�:APPEALS SCTM 1000 Section 48 Block 2 Lot( ) 29 Lot Size 13,501 Zone R=40 sq, ft. I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING,INSPECTOR DATED 11/30/2018 BASED-ON SURVEY/SITE PLAN DATED 01/07/2019 Owner(s): 905 9th Street LLC Mailing Address: P.O. Box 446, Peconic, NY 11958 Telephone: 917-446-2591 Fax: Email: frank.savits@gmail.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: Lark & Folts, Esqs. for(10 Owner( )Other: Address: 28785 Main Road — P.O. Box 973,_ Cutchogue, New York 11935 Telephone: 631-734-6807 Fax:631-734-5651 Email: attys@larkandfolts.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 01/07/2019 and DENIED AN APPLICATION DATED 11/9/2018 FOR: (X)Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use O Permit for As-Built Construction ( Other: Subdivision Provision of the Zoning Ordinance Appealed. (Indicate Article Sectin,Subsection of Zoningg Ordinance by numbers:Do not quote the code.) •Article: IV Section 280-18, Article: XXIII Section 280-124B and Article: XXIII Section: 280-124 Subsection: Type of Appeal. An Appeal is made for: ())A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( )has, (X)has not been made at any time with respect to this Uropert- UNDER Appeal No(s). N/A Year(s). N/A . (Please be sure to research before completing this question or call our officefor assistance) Name of Owner: N/A ZBA File# N/A Page 1 of 6 TO ASSIST THE ZONING BOARD OF APPEALS, THE FOLLOWING EXHIBITSIA ARE ATTACHED HERETO AND MADE A PART OF THIS APPLICATION: RECEIVE[ Exhibit 1 - Suffolk County Tax Map Section 48 Exhibit 2 - "Map of Greenport Driving Park" which AONI� �e%ZD OF APPEALS in the Suffolk County Clerk' s Office on December 1, 1909 as File No. 369 Exhibit 3 - Map of Lot 9 & 10 "Greenport Driving Park", Proposed Division of Property, Savits Residence, prepared - by AMP Architecture LLC, Page D-1,- Date: 1/07/19 Exhibit 4 - Proposed Division of Property, Savits Residence, with eight photos, prepared by AMP Architecture LLC, Page D-2, Date: 12/20/18 Exhibit 5 - Map of P/0 Greenport Driving Park (Between Flint Street & Linnet Street) , Savits Residence, prepared by AMP Architecture LLC, Page D-3, Date: 12/20/18 Exhibit 6 - Map of P/0 Greenport Driving Park (Between Linnet Street & Brown Street) , Savits Residence, prepared by AMP Architecture LLC, Page D-4, Date: 12/20/18 Exhibit 7 - Base Map of the area known as "Greenport Driving Park" dated December 6, 2018 obtained from the Suffolk County GIS Viewer Exhibit 8- - 2016 Aerial View of the area known as "Greenport Driving Park" dated December 7, 2018 obtained from the Suffolk County GIS Viewer REASONS FOR APPEAL: The Building Inspector denied your applicant ' s request to subdivide his property shown on Suffolk County Tax Map 1000-48- 2-29 (Ex. 1) into the two original filed "Map Lots" numbered "Map Lot 9" and "Map Lot 10" as shown on the "Map of Greenport Driving Park" (Ex. 2) for the purpose of building a house on "Map Lot 10" (Ex. 3) . "Map Lot 9" already has an existing dwelling having been built approximately in 1950 (Ex. 4) . The, reason for the Building Department ' s denial is because "Map Lot 10", if separated, would contain 6, 603 sq. ft. with a width of 56. 47 feet and a depth of 119 . 99 feet which is not in conformance with the Zoning Code. Further, to build a house on this corner lot would require from the Zoning Board of Appeals a variance to the area and size requirements as well as front yard and side yard. "Map Lot -9" would remain at 6, 898 sq. ft. with a lot width of 56. 47 feet and a lot depth of 119. 99 feet . The existing house on the property would have lot coverage of 23 . 10 and would need a lot coverage variance. Page 2 of 6 MECEIVED FU 0 8 2619 1 . An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby propertieackf- BOARD OF APPEALS granted, because: the application before the Zoning Board is to divide the applicant ' s property so that there will be two building lots both of which are in harmony with the size of the majority of developed lots in this closely built neighborhood. The granting of the requested variances will add one additional building lot with a one-family residence and both lots will be in conformity with the existing lot width, depth, lot coverage and yard setbacks as presently exist on the majority of properties in this neighborhood and will not present any change in the character nor a detriment to the area or nearby properties (Ex. 2, 7 & 8) . 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: your applicant ' s property is currently zoned Low-Density Residential R-40 District requiring 40, 000 sq. ft. per lot with a lot width of 150 feet and a lot depth ' of 175 feet. Both "Map Lots 9 and 10" as set forth on Ex. 2 & 3 are not recognized by the Building Department as separate building lots as they have been merged into one lot by virtue of the Southold Town Zoning Code §280-10 A. Further, since these proposed lots have not been held in .single and separate ownership since 1983 your applicant does not meet the criteria to unmerge these lots pursuant to the Southold Town Zoning Code §280-11 B. As a result the only method available to the applicant is to obtain an area variance from the Southold Town Zoning Board of Appeals to allow the proposed lots to be restored to their original lot size. Page 3 of 6 3 . The amount of relief requested is not substantial because: I a you cannot properly analyze or apply the mandated balancing tdscivED with the statutory requirements for an area variance unlessou evaluate the specific variance requests in relation to the � � �Q�� surrounding existing properties in this developed neighborhood. ZONING BOARD OF APPEALS To compare "Map Lot 10" which is 6, 603 sq. ft. to the 40, 000 sq. ft. zoning requirement results in a substantial 83 . 5% deviation. To obtain a realistic comparison of the proposed "Map Lot 10" it needs to be compared to the average lot size that presently exists in this community. For example, if you compare the size of the lots in the immediate area which is bounded on the north by Flint Street, on the east by Seventh Street, on the south by Linnet Street and on the west by Ninth Street there is 140, 678 sq. ft . in this block of properties (Ex. 5) . This block of properties consists of 22 parcels if you include proposed "Map Lot 10" . This calculates to an average lot size of 6, 394 sq. ft. resulting in "Map Lot 10", which is 6, 603 sq. ft. , being 209 sq. ft. greater than the average lot size. "Map Lot 9", which is 6, 898 sq. ft . , being 504 sq. ft . greater than the average lot size. Further, to keep this lot size analysis in perspective the square footage of the block of individual properties between Linnet Street and Brown Street which has 21 individually owned parcels with a total area of 146, 364 sq. ft. produces an average lot size of 6, 970 sq. ft. (Ex. 6) . "Map Lot 10" which is 6, 603 sq. ft. is 367 sq. ft. less than the average size for this block of properties producing a 5 . 3% deviation from the average size ' lot . "Map Lot 9", which is 6, 898 sq. ft. is 72 sq. ft. less than the average lot size and produces a 1% deviation. The same analysis is true of lot width deviations from the Zoning Code . "Map Lot 10" as well as "Map Lot 9" are each 56. 47 in width. The zoning requirement is a lot should be a minimum of 150 feet wide thereby placing "Map Lot 9" and "Map Lot 10" at a 62 . 4% deviation from the zoning requirements. However, the normal width of the majority of the building lots on the Map of Greenport Driving Park is 50 feet (Ex. 1 & 2) . To apply the lot width analysis to Block 1 (existing properties between Flint Street and Linnet Street) (Ex. 5) there are only 4 of the 21 developed individually owned lots, not including "Map Lot 9" and "Map Lot 10" that have greater than 50 feet lot width. Similarly in Block 2 (properties between Linnet Street and Brown Street) (Ex. 6) there are only 4 individually owned lots in excess of 50 feet lot width. This analysis for the lot depth of 175 feet follows the same logic as when you compare the interior lots in the two blocks of properties between Flint Street and Brown Street . The average Page 4 of 6 lot depth for the interior lots and 112 . 25 feet (Ex. 2, 5 & 6) -RECEIVED "Map Lots 9 and 10" have an average depth of 119 . 99 feet placing them 7 . 74 feet longer than the average depth of the majority 03M the lots in this neighborhood. ZONING Bozf,,� Proposed "Map Lot 10" is a corner lot and will require a front yard variance. Although the proposed front yard is 15 feet facing Ninth Street it will not require a variance due to §280- 104 A of the Southold Town Code as the average setback on Ninth Street is 12 . 5 feet. The front yards facing Flint Street have an average setback within the 300 feet of 35 feet which means the proposal of 22 . 5 feet is a 35 . 7% deviation from the Code. However, the front yards along Flint Street are not consistent and within the 300 feet vary from 56 to 22 . 3 feet. From a practical point if you eliminate the 56 foot setback on "Map Lot 26", which is out of character with the front yards on Flint Street, it would produce an average setback of 28 . 5 feet making "Map Lot 10" a 6 foot deviation which is more realistic and not substantial . Considering these front yard variations along both sides of Flint Street the proposed 22 . 5 feet in reality is not substantial and is proportional and will blend with the existing front yards on Flint Street (Ex. 5, 7 & 8) . A lot coverage variance has to be obtained for "Map Lot 9" because it has presently has an existing house built prior to the adoption of zoning with a square footage of 1, 467 sq. ft. The existing covered area calculates to 23 . 1% lot coverage which is greater than the 20% deviation. However, analyzing the lots between Flint Street and Brown Street the average lot coverage for the individual lots with structures on them is 22 . 1% (Ex. 5) . Comparing "Map Lot 9" with the average lot area coverage results in a deviation of 1% which is not substantial (Ex. 5 & 6) . The point of the above analysis for the proposed area variances is when you apply the statutory factors to an established neighborhood that pre-exists zoning you need to compare the variance requests to what presently exists in the neighborhood and not merely against the present requirements of the Zoning , Code. Utilizing this analysis demonstrates your applicant ' s requests are not substantial . Page 5 of 6 4 . The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: in balancing the benefit to your applicant by granting the requested variances against any possible adverse effect on the environmental conditions of this established neighborhood is non-existent. Likewise the creation of another building lot which will be in conformity with the majority of v the size, shape and area of the lots in this residential ea-D and will not have any adverse physical impact on any other lots in the neighborhood (Ex. 2, 7 & 8) . Or 5 . Has the all alleged difficulty been self-created? (X) Yes, or ( ) No Why: The applicant purchased the property at a court ' ordered foreclosure sale and received a deed conveying "Map Lots 9 and 10" as one described parcel. However, in applying the balancing tests to the required statutory factors it is respectfully submitted- that granting the area variance will not result in any change to the proposed residential use of the property and will be in keeping with the size and shape of the lots in this residential community. Are there any Covenants or Restrictions concerning the land? (X) No ( ) 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. Signature of Applnt or Authorized Agent (Agent must submit written Authorization from Owner) 905 9th Street LLC by Frank Savits, Member/Manager Sworn to before me this 22nd day of January, 2019 aj411-a Notary Public BARBARA DIACHUN Notary Public, State of New York No 01 D14635190-Suffolk County Commission Expires Oct.31,20 ad- Page 6 of 6 /tECEIVE® APPLICANT'S PROJECT DESCRIPTION `��FEB 0 9 2019 % i (dING C, RD G=APnza[_S APPLICANT: 905 9th' Street LLC DATE PREPARED: 1/1519 1.For Demolition of Existing Building Areas Not Applicable Please describe areas being removed: H.New Construction Areas(New Dwelling or New Additions/Extensions): Not Applicable Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: HI.Proposed Construction.Description(Alterations or Structural Changes) Not Applicable (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: l Number of Floors and Changes WITH Alterations: IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: None Proposed increase of building coverage: 1,104 s q. f t. Square footage of your lot: "Map Lot 10" contains 6,603 sq. f t. Percentage of coverage of your lot by building area: 23.1 eventually V.Purpose of New Construction: cons ruc a one—family residence 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): flat Please submit 8 sets of photos,labeled to show different angles of yard areas after staldng corners for new construction, and photos of building area to be altered with yard view. 4/2012 (Exhibit 4 attached to Application) �f'M lam QUESTIONNAIRE RECEIVED FOR FILING WITH YOUR ZBA APPLICATION FER 0 o 2093 A. Is the subject premises listed on the real estate market for sale? Yes X No ZONI�IG BOARD OF APPEALS B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are,there areas that contain sand or wetland grasses? No 2.)Are those areas shown on the survey submitted with this application? N/A 3.) Is the property bulk headed between the-wetlands area and the upland building area? N/A 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? N/A Please confirm status of your inquiry or application with the Trustees: N/A and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? none Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disaproval. (Pre Existing Certificate of Occupancy No: Z-31075 d ted 0801/05 and Certificate of Occupancy No: 40015 dated 10/31/2018 are attached hereto. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes,please label the proximity of your lands-on your survey. I. Please list present use or operations conducted at this parcel residential and the proposed use residential (ex: existing single family,proposed_: same with garage,pool or other) 905 H STREET LLC By 1/22/18 Authorized signature an ate Frank Savits, Member/Manager AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on-epzop6tyCwit hin APPEALS an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: 905 9th Street LLC 2. Address of Applicant: 1580 Soundview Avenue, Peconic, New York 11958 3. Name of Land Owner(if other than Applicant): same as applicant 4. Address of Land Owner: same as applicant 5. Description of Proposed Project: subdivide (SCTM #1000-48-2-29) into two building lots 6. Location of Property: (road and Tax map number) 905 Ninth Street, SCTM #1000-48-2-29 7. Is the parcel within 500 feet of a farm operation? { } Yes {x} No 8. Is this parcel actively farmed? { } Yes {x} No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS N/A 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are a itional property owners) 1 / 22 / 19 Signature of Applicant Fran Sa s, Member/Manager Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. r RECEIVED Short Environmental Assessment Form FEB ® 8 2019 Part 1 -Project Information ZONING BOARD OF APPEALS Instructions for Completing 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 Part 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 Name of Action or Project: Subdivision for 905 9th Street LLC Project Location(describe,and attach a location map): 905 Ninth Street,Greenport,New York(SCTM#1000-48-2-29) Suffolk County Tax Map attached to Application(Exhibit 1) Brief Description of Proposed Action: A variance from the Southold Town Zoning Board of Appeals and subdivision approval from the Southold Town Planning Board are necessary to be obtained for the applicant to subdivide the property depicted on SCTM#1000-48-2-29 containing 13,501 sq ft.into"Map Lot 9"containing 6,898 sq.ft.and"Map Lot 10"containing 6,603 sq ft.as originally depicted on the"Map of Greenport Driving Park"filed in the Office of the Clerk of the County of Suffolk on December 1,1909 as Map No 369 for the purpose of constructing a one-family residence on"Map Lot 10' as"Map Lot 9"presently has a one-story house. Name of Applicant or Sponsor: Telephone: 917-446-2591 905 9th Street LLC E-Mail: frank.savits@gmail.com Address: 1580 Soundview Avenue City/PO: ' State: Zip Code: P.O.Box 446,Pecornc NY 11958 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 ❑✓ ❑ 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 from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: Southold Town Zoning Board of Appeals and Southold Town Planning Board ❑ 3.a.Total acreage of the site of the proposed action? 13,501 sq.ft. acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 13,501 sq.ft.acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial []Commercial ®Residential(suburban) ❑Forest ❑Agriculture El Aquatic ❑Other(specify): ❑Parkland Page 1 of 3 Y RECEIVED 5. Is the proposed action, FEB U 6 (-U ll NO YES N/A a.A permitted use under the zoning regulations? 1:1 ❑ BONING BOARD OF APPEALS ❑ ❑ ❑ b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑✓ ❑ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,,describe design features and technologies: El FZI 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment:build new septic system n El12. a.Does the site contain a structure that is listed on either the State or National Register of Historic INO YES Places? P71 ❑ b.Is the proposed action located in an archeological sensitive area? 7 ❑ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? 0 ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? Il 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 ®Suburban 15.Does the site of the'proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 7 ❑ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? F1NO ❑YES ❑✓ ❑ b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO ❑YES Page 2 of 3 18.Does the proposed action include construction or other activities that result in the impoundme rt of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? �E� ® 20If Yes,explain purpose and size: -/n1\11NG BOARD OF Aa'Ft:- ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: W] ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: W] ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor nam2i 905 9th Street LLC Date: 1/22/19 Signature: B v em PRINT FORM Page 3 of 3 APPLICANT/OWNER RECEIVED TRANSACTIONAL DISCLOSURE FORM FEB 0 8 2W9 The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. ZONING BOARD OF APPEALS YOURNAME : 905 9th Street LLC (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X 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 Submitted this22nd da of January 20 19 Signature Print Name Frank Savits, Member/Manager RECEIVED APPLICANT/OWNER KB Q 8 2W TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Savits, Frank (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X 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 Submitted this 22nd day of January ,20 19 Signature Print Name- Frank Savits RECEIVED AGENT/REPRESENTATIVE FEB 0 0 2019, TRANSACTIONAL DISCLOSURE FORM ZONING BO41)n -.A The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this EALS form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : Lark, Richard F. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tag grievance Building Permit Variance X 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 Submitted this 11 th day of January ,20 19 Signature 4&�4- z 0_1_�� Print Name Richard F. Lark RECEIVED AGENT/REPRESENTATIVE FEB ® 8 2099 TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emugAVee�'We u muds of�hisALS form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME : Folts, Mary Lou (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tag grievance Building Permit Variance X 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 Submitted this 15th day ofJanuary 20 19 Signature Print Name Mary Lou Folts r - ^ RECEIVED Town of Southold 1 FEB LWRP CONSISTENCY ASSESSMENT FORM ZONING BOARD OF APPEALS A. INSTRUCTIONS 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# 1000 _. 48 _ 2 - 29 The Application has been submitted to(check appropriate response): Zonillg Board of Appeals Town Board [3 Planning Dept. ® Building Dept. 0MR 11 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: A variance from the Southold Town Zoning Board of Appeals and Nature and extent of action: subdivision approval from the Southold Town Planning Board are necessary to be obtained for the applicant to, subdivide the property depicted on SCTM 111000-48-2-29 containing 13,501 sq. ft. into Map Lot 9" containing 6,898 sq. •ft. and "Map Lot 10" containing 6,603 sq. ft. as originally depicted on the "Map of Greenport Driving Park" filed in the Suffolk County Clerk's Office on December 1, 1909 as Map No. 369 for the purpose of constructing a one-family residence on "Map Lot 10"; as "Map Lot 9" presently has a one-story frame house. -��� 4-Q RECEIVED Location of action: 905 Ninth Street, Greenport,. New York FEB 0 8 2019 Site acreage: 13,501 sq. ft. 7n1\1rNG BOARD OF APPEALS Present land use: ` residential Present zoning classification: Residential Low-Density District (R-40) 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: 905 9th Street LLC (b) Mailing address: P.O. Box 446, Peconic, NY 11958 (c) Telephone number: Area Code( ) (917) 446-2591 (d) Application number, if any: None Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes, ❑ No X❑ 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. 0 Yes ❑ No ❑ Not Applicable To allow the building of a modest one-family home on a vacant residential lot in an established neighborhood. 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 0 Not Applicable Attach additional sheets if necessary FEB 0 8 M9 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ZONING BOARD OF APPEALS Yes 0 No ® Not Applicable 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 No ® Not Applicable 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 IH—Policies; Pages 22, through 32 for evaluation criteria. Yes 0 No® Not Applicable RECEIVED n CY3 UU � Y Attach additional sheets if necessary UAKU u.APPEALS Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No® Not Applicable 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 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. nn ❑ YeO 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. ❑ Yes ❑ No ® Not Applicable 42ECE&1\'Ft 0 � zim 70NING BGARD OF APPEALS 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 Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ NoFX] Not Applicable Created on 512510511:20 AM FORM NO. 3 TOWN OF SOUTHOLD i BUILDING DEPARTMENT RECEIVED SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL FEB ® 8 2059 DATE: 2kovetaIN2 3W PEALS TO: Lark&Volts, Esqs. (905 9`h St. LLC) PO Box 973 Cutchogue,NY 11935 Please take notice that your application dated November 20, 2018 For a permit for a subdivision and construction of a new single family dwelling and accessory building at Location of property 905 9th Street, Greenport,NY County Tax Map No. 1000 -Section 48 Block 2 Lot 29 Is returned herewith and disapproved on the following grounds: The proposed subdivision,to create two lots in the Residential R-40 District is not permitted pursuant to Article IV Chapter 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-Densily Residential R-40 District unless the same conforms to the requirements of the Bulk.Schedule and of the Parking Schedule" Bulked schedule requires a minimum lot size of 40,000 square feet, a minimum lot width of 150 feet, and a minimum lot depth of 175 feet. Following the proposed subdivision lot 9 will measure 6.899 square feet in total size and lot 10 will measure 6,603 square feet in total size with each having a lot width of+/-56 feet and a lot-depth of+/- 119 feet(Lot 9) and+/- 114 feet(lot 10). Furthermore the"o subdivision is not permitted pursuant to Article XXIH Section 280-124B which states that non-conforming lots measuring less than 20,000 square feet in total size, are allowed a maximum lot coverage of 20 percent. Total lot coverage on lot 9, following the proposed subdivision, is 23.1 percent. If the-subdivision is granted,the applicant is asking for a permit to construct a new single family dwelling and accessory building on"Lot 10". That proposed construction of a single family dwelling is not permitted pursuant to Article XXIII, Section 280-124,which states that,on lots measuring less than 20,000 square feet in total size,the minimum front yard setback is 35 feet. Following the proposed construction,the dwelling will have a front yard setback of 13 feet(9th Street) and a front ayrd setback of 22.3 feet(Flint Street). Southold Town Planning Board approval will also be required. Note to Applicant:Any change or deviation to the above referenced app ' a io ay r e f additional review from the Southold Town Building Department. , --------�=- ----------------------- Authorized Signature Board of Zoning Appeals Application !C�,'s1V� ESaAE�D OF ppPEALS AUTHORIZATION (Where the Applicant is not the Owner) FRANK SAVITS, Member/Manager of 1, 905 9th Street LLC residing at 1580 Soundview Avenue, P.O. Box 446, (Print property owner's name) (Mailing Address) Peconic, NY 11958 do hereby authorize Richard F. Lark, Esq. of (Agent) Lark & Folts, Esgs. to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. Owner's Stature) Frank Savits, Member/Manager (Print Owner's Name) r FORM NO. 4 TOWN OF SOUTHOLD RECEIVEj) BUILDING DEPARTMENT FEB Office of the Building Inspector 419 Town Hall Southold, N.Y. ' 1''3 BOARD OFAPPEALS PRE EXISTING CERTIFICATE- OF OCCUPANCY No: Z- 31075 Date: 08/01/05 THIS CERTIFIES that the building DWELLING Location of Property 905 NINTH ST GREENPORT (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 048 Block 0002 Lot 029 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 31075 dated AUGUST 1, 2005 was issued, and conforms to all of the requirements of the applicable provisions of the law_ The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH OPEN WOOD PORCH.* The certificate is issued to ALICE VANBOLT (OWNER) of the aforesaid building. SQFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. Authorized Signature Rev. 1/81 9 'f Town of Southoia krctivEb 10/31/2018 P.O.Bog 1179 53095 Main Rd FEB 0 8 2019 Southold,New York 11971 ?ONING EC'•?RD OF APPEALS CERTIFICATE OF OCCUPANCY No: 40015 Date: 10/31/2018 THIS CERTIFIES that the building ALTERATION Location of Property: 905 Ninth St.,Greenport SCTM#: 473889- Sec/Block/Lot: 48.-2-29 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 11/8/2017 pursuant to which Building Permit No. 42155 dated 11/17/2017 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: as built interior alterations to existing single family dwelling as applied for. The certificate is issued to 905 9th St LLC of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 42155 10/29/2018 PLUMBERS CERTIFICATION DATED A t ed Signature LARK& FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No. (631)734-6807 RICHARD F.LARK Fax No. (631)734-5651 MARY LOU FOLTS E-mail: Attys@larkandfolts.com January 24, 2019 Ms. Kim Fuentes Zoning Board of Appeals FEE 0 Town of Southold 54375 MaN MainRoad1971G odP.0. Box 1179 �ONIN �pAR® Southold, ®FAPPEqLS RE: 905 9th Street LLC 905 Ninth Street, Greenport, New York (SCTM #1000-48-2-29) Dear Ms . Fuentes : On behalf of Frank Savits, Member/Manager of 905 9th Street LLC, I am enclosing an original and eight copies of the following: ITEM #1 - Notice of Disapproval dated November 30, 2018 along with permit application and correspondence with 'the Building Department (Renew & Amended: February 7, 2019) ITEM #2 - Application to the Southold Town Board of Appeals ITEM #3 - Applicant' s Project Description ITEM #4 - Questionnaire with attached Certificates of Occupancy ITEM #5 - Agricultural Data Statement ITEM #6 - Short Environmental Assessment Form ITEM #7 - Applicant/Owner Transactional Disclosure Forms of Frank Savings and Frank Savits, Member/Manager of 905 9th Street LLC ITEM #8 - Agent/Representative Transactional Disclosure Forms of Richard F. Lark and Mary Lou Folts ITEM #9 - LWRP Consistency Assessment Form Ms. Kim Fuentes -2- January 22, 2019 0� Zoning Board of Appeals RECEIVED 0 8 2099 ITEM #10 - Survey of Property by Peconic Surveyor s7-,ON�N.UOARDOFAPPEALS showing existing status of Applicant ' s property ITEM #11 - Town of Southold Property Record Card (SCTM #1000-48-2-29) ITEM #12 - Authorization of Frank Savits, Member/Manager of 905 9th Street LLC ITEM #13 - Check payable to Town of Southold in the amount of $1, 500 . 00 for the filing fee If there is anything else you need, do not hesitate to contact me. Very truly yours, Richard F. Lark RFL/bd Enclosures ��`�' X�a-C C��-�- a TOWN OF SOUTHOLD PROPERTY RECO CAR OWNEROp5 C(Qr, S�,, LLQ STREET - - VILLAGE DIST. SUB. LOT D FORMER OWN411 A,2) it Ak O n..601t' N ' E ACR. N- Qavx 6b L4- 2,oU y Ai ly wsi' cop'C� S W TYPE OF/BUILDING RES. � '6 SEAS. VL. FARM COMM. ` CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS fv Su Ik C eu X 0 D oa o00 — L 1 40 - -1' �l1? � �6 U .leo u / 2-a a a ✓ q I -L -7;-a - F-�, VO / 6 3L2 50a 3loCDO µ too S-L # o & ��!!J�n{ C s D 554 s -\lar.&�� 4z�� 6s ka 2 o0 Als 7 0 H n AGE BUILDING CONDITION D rn i NEW NORMAL BELOW ABOVE o �' FARM Acre Value Per Valuecs, —� Acre ° m y Tillable FRONTAGE ON WATER u► Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total I DOCK _ ' .1 MOM NNIC : — h _ rf;� ,: ■ONE■■■■1�■!"■'■■1■■■■■■■■■■■ ;r"., /+ ,., •a} e:; _ ,.. vim,- _ ■■■■■■■■■�_■■■■■■ ■■■■■ M■NN IM 0 MOSES■■I■■■■■■iN■■■■■ ■■■■mom MEN 0 IN N mom■■■■■■■le■■■■11■■■ ■■■■■■EN N■mom■■■NON■■■■Iimom■■■■ONE ■ t ■■■E■■■■ 1■■■■■■1■■■■■■■■■■■ .T + .---_.`�" w7oy.F....�5 ;^n moi. ,s r' "` iy I :.`'l A'u ' ,c'y"*. ,,,+ •., ■■■■■■■■■��■�1���■■■■ IN ■® - ..�^r,• ;` _.wti��' : : � , `-`� �� - ` ■■■■ ■■■■fit■■■■■IG�i■■■I■■■■■■■■E ., .1•. . ...} +a I.+ •AY•grS'x`• _r .. '.f.+-f.'i''i: ivF '1R'•!r _ e- ■■■■ ■■■■■ i■■■■■■■■■■■■■�F ■■NN ■MEMO=■N■■■1■■EE■■®IN MEMO 1 0 on IN ■®i®■N - - ■■■■■■■■■■ 11111 ■1■■■■■■■1■�,■® 111 IN mmommilm I No IN MEN■■OMEN"����1'!■■■■■■ �E■E� rIN EMEN ME ■■■NONE ■■■■■©■■■■■■M■■■■■■■NN - ■■■MEMO■■■■■■■■■■■ ,, Y• Foundation I :• , Basement Ext. ails Tf- 7 l Fire Placev Type Roof good so gom, s r Town Hall Annex FEB 0 8 2019 Telephone(631)765-1802 54375 Main Road Fax(631)765-9502 P.O.Box 1179 �Q nN�-"oge?rricheit(a�"tbv"►in.South oId.ny.us Southold,NY 11971-0959 Q 4UNT`I,� BUILDING DEPARTMENT TOMN OF SOUTHOLD CERTIFICATE OF ELECTRICIAL COMPLIANCE SITE LOCATION Issued To: 905 9th St LLC Address: 905 Ninth St City: Greenport St: New York Zip: 11944 Building Permit* 42155 Section: 48 Block: 2 Lot: 29 WAS EXAMINED AND FOUND TO BE IN COMPLIANCE WITH THE NATIONAL ELECTRIC CODE Contractor: DBA: ROSIak Electric License No: SITE DETAILS Office Use Only Residential X Indoor X Basement X Service Only Commerical Outdoor X 1st Floor X Pool New Renovation X 2nd Floor Hot Tub Addition Survey Attic X Garage INVENTORY Service 1 ph 150a Heat gas Duplec Recpt 42 Ceiling Fixtures 5 HID Fixtures Service 3 ph Hot Water GFCI Recpt 6 Wall Fixtures 4 Smoke Detectors 2 Main Panel 150a A/C Condenser 1 Single Recpt Recessed Fixtures 42 CO Detectors Sub PanelA/C Blower 1 Range Recpt 20a Fluorescent Fixture Pumps Transformer Appliances dw Dryer Recpt 20a Emergency Fixture Time Clocks Disconnect 150a Switches 33 Twist Lock Exit Fixtures TVSS Other Equipment: 2-combination smoke / co detectors, 2-bath fans, range hood, 11-ARC fault circuit breakers,5-combination GFCI/ARC fault circuit breakers Notes: l Inspector Signature: Date: October 29 2018 81-Cert Electrical Compliance Form xls BUILDIIIG DEPARTMENT TOWN OF SOUTHOLD RECEIVED HOUSING CODE INSPECTION REPORT 0 2 FEB 019 LOCATION: 905 NINTH ST GREEUPORT ZONING BOARD OF APPEALS SUBDIVISION: MAP NO-: IAT (S) NAME OF OWNER (S): ALICE VANBOLT OCCUPANCY: SINGLE FAMILY ALICE VANBOLT ADKITl'ED BY: TED HUGHES ACCOMPANIED BY: RICHARD VAN BOLT KEY AVAILABLE: SUFF. CO. TAX MAP NO.: $8.-2-29 SOURCE OF REQUEST: ALICE VAN BOLT DATE: 08/01105 DWELLING: TYPE OF CONSTRUMON: WOOD FRAME # STORIES: 1.0 # EXITS: 3 FOUNDATION: CONCRETE CELLAR- PART CRAFIL SPACE: TOTAL ROOMS: IST FLS.: 7 2ND FLR.: 0 3RD FLR.: 0 BATHROOM(5) 1.0 TOILET ROOK(S). 0.0 UTILITY ROOM(S): PORCH TYPE: OPEN WOOD DECK TYPE: PATIO TYPE: BREEZSfOIY: FIRSPIJM: GARAGE: DOMESTIC ROTWATER: YES TYP& HEATER: HOT WATER AIRCONDITIONING: TYPE HEAT: OIL kVJM AIR: EOTHATHB: YES OTHM_ OIL HOT WATER HEAT - RADIATORS ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST.: STORAGE, TYPE CONST.: SWIMMING POOL: GUEST, TYPE CONST.- OTHER: V161ATION3: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION I DESCRIPTION I ART. SEC. I I I I I I I I I I I I I I I I I I I I I I r I I I I 1 I I I l I I I I REMARKS: BE-I11SPECTED 7/29/05 os a LNSPECTBD BY: DATE ON INSPECTION: 07120105 GEORGE GILLEN TINE START: 10:30AM END: 10:55AM r tL o m :p, m Spp� L a K iA. �wr + r • Dior 4rip P. W' + Y moNoM +� i ` isit ` t'A A O F41IVT i AIL R OA. 4A�SAr�ON►v1,A++�!�y118p' r�5 :11—low •i1S.�if3�ii/,p.T"VlTil ilY/S�I'�I,I� ' ,lalRl7SY6D A ' OWiAwra*lk a 'M', ' +1gWO:V:Y LJY�o its OIs' s"`.�«r►�t.tAlr. .IlR,Ov*`, -#Vl A.le "1 3:6-9 DA FILED , Aft 9 LCAT "OREENPORT Dim' I V I NO FAR<" O LL 2 W E w0 W um m FILE NO. 56 1� FILED DEC, I, IcfOcf masa Za3jJm �WOI=-Wcmi AT OREENFORT RECEIVED s TOWN OF SOUTHOLD y�oa-° SUFFOLK GOUNTY N.Y. .._ J'-.0 W'oom�a� 76. FLINT LOT NO. 1000-48 2—.2-cfn Ti_ T �� W¢ogoa asphalt roodw09 I a y o s 2°46 1011 4[� _ CHAIN LIWC F � 114-761 117 rIA R�JLLQ3Z 1U�1 � c7 Qp2�- L,1 wo�FQ¢a LL "I T Q QM 0� LO �k� Corr=I O U d Q S AR 6,603 _ LOT ER' AGE SUFFOLK COUNTY TAX LOT NO. 1000-48-2-201 (LOT q) J fy) 57s a N DESCRIPTION ZONE R-40 AREA % LOT ('j 3 STRY;�_- YARD (NON-CONFORMING) AREA 0 n HOUSE TOTAL LOT AREA 6,598.0 S.F. EXISTING HOUSE 1,461.0 S.F. 21.5% Q 0 Z Ss O EXISTING(COVERED AREA) 12"7.5 5 F 1.6% v c m TOTAL AREA OF ALL STRUCTURES 15014.5 5 F. 25.1% Qo n� J.J) PRINCIPAL 0 I� a S82 4611OIIS 0 BUILDIN& N82 o I ENVELOPE / -LOT.COVERAGE WU 46 10 11w PROPOSED BpgRIN6 A I I q,0101 1 O V, 2 8ETI�IEEN L 710 DISTANGp m si SUFFOLK COUNTY TAX LOT NO. 1000-46-2-2q (LOT 10) d--IL Ts 9 a l0 1 I q 01c �0 DESCRIPTION ZONE R-40 AREA % LOT(NON-CONFORMING) COVERAGE LO► O J it TOTAL LOT AREA 6 603.0 S.F. ((J ' RFA 6 8018 n a PROPOSED HOUSE 1,104.0 S.F. 16.1% O --- ry Q PROPOSED GARAGE 200.0 S.F. 3.0% n, TOTAL AREA OF ALL PROPOSED o Y 604" STRUCTURES 1504.0 S.F. 101.7% N MAXIMUM COVERAGE ALLOWED = 20% Z n FRA�IHSOUSE O 1,467 F SITE LAYOUT NOTES• m I. THIS 15 AN ARCHITECTS SITE PLAN d IS SUBJECT TO VERIFICATION BY A LICENSED SURVEYOR. THE INFORMATION ----- 60.4- o �. REPRESENTED ON THIS SITE PLAN 15 TO THE o ---_ NLLI W ARCHITECT'S BEST OF KNOWLEDGE. 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BRONN 5T.) ® SCALE: 1" = 50'-0" a. � a CNI -s .3740Z 1 ®��A��ywFQ• Q Q ®� o a Base Map I oil 1 � } L� �� t sJ ------.----r..__ `sem- i �,•: -:�: rr r a 1 �_ —r j met" E E ji fdSw } i� ! y t} t .�,� �,_r-•-(I S;i. I °.r,_,.:a,� �, I t' `�.z�.k! zy�-yll - _ I ��_ __---� ,• ice. December 6, 2018 1:1,205 0 0.01 003 0 05 ml 0 0.02 0.04 0.08 km Ei f I Web AppSuAder for ArcGIS '016 Aerial ViewIlk �d 'I �� •' .4RXP r• y. �. �' _ - ~ ;� eft N � � �• "•-�� .� � �� ,�,• ����c,}� � '•��. _ ,�,�T-�.!- ..��. � -Imo_ ,,t► i. `, r T Vit,; .,rte ! - •_ ". L aR-• Y 6 S r- NO do ),"W4' Am Ak low 41 Jul +-, �• f` f ` gyp), �� '�, -� " ��� � •� December 7, 2018 1:1,750 0 0.01 0.03 0.05 mi 0 0.02 0.04 0.0911n TMIV Web AppBudder for ArcGIS � I %4FF0e� - ELIZABETH A.NEVILLE,MMC O� C�(y Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ,f, • Off. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �0,� �`D www.southoldtownny.gov 1 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD t TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: February 22, 2019 RE: Zoning Appeal No. 7289 Transmitted herewith is Zoning Appeals No. 7289 for 905 91h St. LLC: ,/ The Application to the Southold Town Zoning Board of Appeals ,/ Applicant's Project Description /Questionnaire ,/ Agricultural Data Statement —,4-Short Environmental Assessment Form ✓ Applicant/Owner Transactional Disclosure Form(s) ,/ Agent/Representative Transactional Disclosure Form(s) ✓ LWRP Consistency Assessment Form ,/ Notice(s) of Disapproval Board of Zoning Appeals Application Authorization Certificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos Correspondence- L u4J tl .}o (At. i"4.^ 4_S Copy of Deed(s) Building Permit(s) Property Record Card(s) ✓ Survey/Site Plan Maps- Drawings Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork- i !nrn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/21/19 Receipt#: 251683 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7289 $2,000.00 Total Paid: $2,000.00 Notes: Payment Type Amount Paid By CK#6165 $1,500.00 905, 9th Street Llc CK#6197 $50000 905, 9th Street Llc Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: 905, 9th Street Lic Po Box 446 Peconic, NY 11958 Clerk ID: SABRINA Internal ID•7289 June 27, 2019 RECCE ED JUL 3 201 Ms. Leslie Kanes Weisman, Chairperson 76NqNG BOAR®OF APPEALS Zoning Board of Appeals Town of Southold 54375 Main Road—P.O. Box 1179 Southold,NY 11971 Dear Ms. Weisman I can't be at the hearing as I am in Chicago on business. In the process of my application I have reviewed the Metropolitan Transit Authority requirements and Village of Greenport requirements to extend the sewer along 9fl' St. I discussed the waste water issue with Suffolk Co. Dept of Health. The Village and the MTA are fine as long as regulations are followed. Until I submit a building permit application SC Dept of Health will not tell me which type of system I would need to use,whether it be a regular system or a nitrogen reducing system. Very truly yours, 6 Frank Savits ? v BOARD MEMBERS ®f $oSouthold Town Hall Leslie Kanes Weisman,Chairperson �� t'/l�® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes c� �c Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ® �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento lac®U Southold,NY 11971 http://southoldtownny.c,ov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED Tel.(631)765-1809•Fax(631)765-9064 FINDINGS,DELIBERATIONS AND DETERMINATION &L2 2017 MEETING OF JULY 20,2017 a, n" 5o hold Town Clerk ZBA FILE: 7063 NAME OF APPLICANT: Eve MacSweeney and Veronica Gonzalez PROPERTY LOCATION: 2050 Platt Road, Orient,NY SCTM No. 1000-27-1-9 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 H 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 March 30, 2017 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. SOUTHOLD TOWN PLANNING BOARD: The application was referred to the Southold Town Planning Board for comments relating to the proposed subdivision. The Planning Board, in their June 27, 2017 memorandum indicated that they do not support the area variance for reasons which included concerns with insufficient lot widths, impact on groundwater and the sole source aquifer located under the Orient peninsula, and potable water quality supply resulting from increase in residential density to this area. The memorandum included recommendations relating to Suffolk County Department of Health development and consideration of innovative and alternative onsite wastewater treatment systems capable of reducing threats to potable water. Furthermore,the Planning Board referred to a conforming yield plan for consideration that was submitted by the applicant, last revised September 4, 2015,and depicted one of the two parcels resulting in a flag lot. PROPERTY FACTS/DESCRIPTION: The subject property is a 4.2916 acre parcel located in R-80 Zoning District. The easterly property line fronting Platt Road measures 300.00 feet, the northerly property line measures 637.79 feet, the westerly property line measures 278.89 (recorded deed measures 279.30) and the southerly property line measures 548.28 (recorded deed measures 548.20). The parcel is vacant and described as fallow field as depicted on subdivision map prepared by John T.Metzger,L.S. last revised August 26,2015. BASIS OF APPLICATION: Request for Variances under Article III, Section 280-14, and the Building Inspector's January 17,-2017 Notice of Disapproval based on an application for a two lot residential subdivision, at: 1) proposed two residential lots having less than the code required minimum lot width of 175 feet, at: 2050 Platt Road, Orient,NY. SCTM#1000-27-1-9. Page 2,July 20, 2017 #7063, MacSweeney SCTIVI No. 1000-27-1-9 10 RELIEF REQUESTED: The applicant requests a variance to subdivide a 4.2916 acre parcel into two residential lots in an R-80 Zoning District measuring 92,619 sq. ft. (Lot 1) and 94,324 sq. ft. (Lot 2) zone, both confirming in size, but with proposed non-conforming road frontage of 150 feet lot width instead of the required 175 feet according to Section 280-14 of the Southold Town Code, (Bulk Schedule). ADDITIONAL INFORMATION: As indicated in the memorandum from the Planning Board Chairman,the Planning Board had previously reviewed a yield plan prepared by John T. Metzger, L.S. last revised September 4, 2015 depicting proposed lots; each of which conform to the Southold Town Code(Bulk Schedule) and would not require Zoning Board of Appeals relief for area variances. The applicant's attorney testified that the two owners wished to create the two non-conforming lots so that each would be of the same monetary value, since flag lots are not considered as desirably as lots with road frontage.At the hearing several nearby property owners objected to the variance,stating that flag lots were not uncommon in the area and there was no need for a variance when conforming lots could be created as of right through PIanning Board approval.They also voiced concerns about setting a precedent that would appear to permit more"suburban"non-conforming narrow lots in the future. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 6,2017at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law§267-b(3)(b)(1). Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Although, some of the surrounding parcels do not meet the required lot width, creating additional non-conformity in the area, when most parcels are conforming to code required lot widths would set an undesirable precedent whereby other large lots in the area could be subdivide into long,narrow lots,which would diminish the rural quality of the existing area. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Since the proposed lots meet required lot size and depth, the applicant can pursue Planning Board approval for a subdivision consisting of one flag lot and one lot with street frontage which would meet all zoning requirements. 3. Town Law §267-b(3)(b)(3). The variances requested are mathematically substantial, representing 16% relief from the code for the lot width of each of the two proposed lots. 4. Town Law $267-b(3)(b)(4) 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. An alternative subdivision yield plan utilizing the creation of a flag lot would not require a variance and would create two conforming lots that are more characteristic of the area. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. : The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief for two lots with non-conforming lot widths resulting from a subdivision is NOT the minimum action necessary and adequate to enable the applicant to enjoy the benefit of two single and separate lots, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. w Page 3,July 20,2017 #7063, MacSweeney rl 'SCTM No. 1000-27-1-9 AC RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Acampora, and duly carried,to DENY as applied for, Vote of the Board: Ayes:Members Weisman (Chairperson), Dantes, Goehringer, Planamento and Acampora. This Resolution was duly adopted(5-0). c { Leslie Kane Weisman Chairperson Approved for filing 7/ a> /2017 0 1 Z tin SoutholdTown Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE 1516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS , Appeal No. 3450 Application Dated January 7 , 1986 (Public Hearing 3/13/86 ) TO: Wickham , Wickham & Bressler , P . C. [Appel" (s) } - as Attorneys for ' ROSALIE GOWEN Main Road , Box 1424 Mattituck , NY 11952 At a Meeting of the Zoning Board of Appeals held on April 16 , 1986 the above appeal was considered, and the action indicated below was taken on your [ } Request for Variance Due to `Lack of Access to Property New York Town Law, Section 280-a [ ) Request for Special Exception under the Zoning Ordinance Article , Section [ X} Request for Variance to the Zoning Ordinance Article III , Section 100-31 , Bulk Schedule [ ] Request for Application of ROSALIE GOWEN for Variances to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of : (1 ) insuffi - cient lot area , (2 ) insufficient lot width , (3 ) insufficient lot , depth , of two parcels as proposed in this pending set-off division of land located at the corners of Zena Road , Cpt. Kidd Drive and Central Drive , Mattituck , NY; Cpt . Kidd ' s Estates Filed Map #1672 , Lots 134 , 153 , 154 , County Tax Map Parcel No . 1000-106-02-32 and 43. WHEREAS , a public hearing was held and concluded on March 13 , 1986 , in the Matter of the Application of ROSALIE GOWEN under Appeal No. 3450 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question , its present use and classification in the "A" Residential and Agricultural Zoning Distr ;ct , and WHEREAS , the board has considered all testimony and documentation submitted concerning this application ; and WHEREAS, the board made the following findings of fact : 1 . By this application , appellant requests a Variance from the provisions of Article III , Section 100-31 , Bulk Schedule of the Zoning Code for insufficient area , width and depth of two parcels proposed on this 31 ,740 sq . ft . tract of land , of : (a ) 13 ,824 sq . ft. in area , 106. 65 frontage along Zena Road , and depth of 133. 59 feet for proposed Parcel #1 (to the south ) , and (b) 17 ,916 sq . ft . in area ,- 135 . 77 ' frontage along Central Drive and 91 . 67 ' along 'Zena Road , and depth of 133. 59 feet. 2 . The premises in question consists of an area of 31 ,740 sq . ft . with 198. 23 ' frontage along Zena Road and average lot depth of 107 . 52 feet. (CONTINUED ON PAGE TWO) DATED: May 3 , 1986 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No . 3450 Matter of ROSALIE GOWEN Decision Rendered April 16 , 1986 3. The subject premises also consists of Lots #134 , #154 , and #153 as shown on a Map of Cpt. Kidd Estates which was filed January 19 , 1949, prior to the enactment of the zoning code . The northerly half of the premises is improved with an accessory garage and one-story single family dwelling set back 35 ' from Zena Road at its nearest point , 37 ' from Central Drive , and 22 ' from the proposed division line . 4. For the record , it is noted that, a Certificate of Occu- pancy #Z-5687 for the accessory garage was issued December 10 , 1973 and Certificate of Occupancy #Z-1100 for an easterly 16 ' addition was issued during June of 1960 . It is the board ' s belief that the dwelling as constructed over the old subdivision line between Lots #134 and #154 preexists the enactment of zoning in 1957 . • 5 . It is the opinion of the board that this congested area is a very fragile and environmentally sensitive area , and without proof as to the availability of a public/community water-supply system and appropriate approvals from the Suffolk County Department of Health Services , including but not limited to Article VI , a variance is not warranted ., 6. It is, also the opinion of the board that although the area consists of lots similar in size , the existing dwellings have been serviced by a community water system since on or about the time of their construction . In considering this appeal , the board finds and determines : (a) that the relief requested is substantial in relation to the zoning requirements ; meeting less than 20% of the lot area require- ment of 80 ,000 sq . ft. ; (b) that the circumstances are �not unique except that the subdivision pre-dates the zoning ordinances ; (c ) the granting of the variance would amount to "ad hoc" planning and create a precedent for the entire town which could well lead to further substandard parcels and would in turn cause a substantial efect of increased "population density and be adverse to the safety , health , welfare , comfort , convenience and order of the town ; (d) that the practical difficulties shown are not sufficient as applied , (e ) that the interests of justice will be served by denying the variance as applied. Accordingly , on motion by Mr. Grigonis , seconded by Mr . Douglass , it was RESOLVED, that the relief requested under Appeal No. 3450 in the Matter of the Application of ROSALIE GOWEN for approval of insufficient area , width and depth , BE AND HEREBY IS DENIED WITHOUT PREJUDICE , as applied. Vote oftthe Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , 'and Douglass . (Absent was : Member Sawicki . ) This resolution was duly adopted. GERARD P. GOUHRINGER, CHAIRMAN May 3, 1986 10 - � TYPESET Tue May 21 12 16 29 EDT 2019 Zoning District), located, at 225 Thomas shall have more than the required minimum LEGAL NOTICE Street,Southold,NY SCTM Nos 1000-66-1- 60 linear feet of frontage on one street;3) SOUTHOLD TOWN 8&1000-66-1-9. landscaping area measures less than the re- ZONING BOARD OF APPEALS 11:00 A.M.-MICHAEL SMITH#7282- quired 35%of subject lot,located at Hound THURSDAY,JUNE 6,2019 Request for Variances under Article IV,Sec- Lane,Fishers Island,NY SCTM#1000-12-1- PUBLIC HEARINGS tion 280-15; Article XXII, Section 280- 7.1 NOTICE IS HEREBY GIVEN,pursuant to 116A(1)and the Building Inspector's August 1:45 P.M.-SHAWN P.FITZGERALD RE- Section 267 of the Town Law and Town Code 17,2018,Amended November 27,2018 No- VOCABLE LIVING TRUST#7276-(Adj Chapter 280(Zoning),Town of Southold,the tice of Disapproval based on an application from May 9,2019)Request for an interpreta- following public hearings will be held by the for a permit to construct an accessory in- tion pursuant to Article III, Section 280- SOUTHOLD TOWN ZONING BOARD OF ground swimming pool and legalize existing 13(A)(1), and the Building Inspector's De- APPEALS at the Town Hall,53095 Main relocated accessory structures,at;l)proposed cember 14,2018 Notice of Disapproval based Road, Southold, New York on swimming pool is located in other than the on an application to amend a building permit THURSDAY,JUNE 6,2019. code required rear yard;2)proposed swim- #41621 (construction of an accessory pool 9:30 A.M.-THEODOSIUS W.VICTORIA ming pool is located less than the code re- house)for"as built"interior alterations,at;1) #7278-Request for a Variance under Article quired 100 feet from the top of the bluff;3) as to whether an"as-built"structure consti- III,Section 280-15 and the Building Inspec- existing two accessory sheds are located less tutes a second dwelling unit by design;at 495 tor's December 4, 2018 Notice of Disap- than the code required minimum side yard Paddock Way,(Adj.to Wolf Pit Lake)Mat- proval based on an application for a permit to setback of 15 feet;at.1405 Terry Lane,(Adj. tituck,NY SCTM#1000-107-4-2 10 relocate an existing single family dwelling to Long Island Sound) Orient, NY The Board of Appeals will hear all persons or and convert a portion of the dwelling into an SCI'M#1000-14-3-2. their representatives,desiring to be heard at accessory building(art studio);1)located in 11:15 A.M. - 905 9TH STREET, LLC each hearing,and/or desiring to submit writ- other than the code required rear yard, at. #7289-Request for Variances under Article ten statements before the conclusion of each 17250 Main Street, New Suffolk, NY. IV, Section 280-18; Article XXIII, Section hearing. Each hearing will not start earlier SCTM#1000-117-9-30. 280-124;and the Building Inspector's Febru- than designated above Files are available for 9:45 A.M.-THEODOSIUS W.VICTORIA ary 7,2019 Notice of Disapproval based on an review during regular business hours and #7280- Request for a Use Variance under application to approve a two lot subdivision prior to the day of the hearing.If you have Article III,Section 280-13C;Article X,Sec- and a permit for the construction of a new questions,please contact our office at,(631) tion 280-45C and the Building Inspector's single family dwelling and accessory building 765-1809, o r by email k i m f @ December 4, 2018 Notice of Disapproval (lot 10);at 1)proposed two lots will measure southoldtownny.gov based on an application for a permit to relo- less than the minimum lot size of 40,000 sq. Dated:May 23,2019 cate an existing single family dwelling and ft.;2)proposed two lots will measureless than ZONING BOARD OF APPEALS convert a portion of the dwelling into an ac- the minimum lot width of 150 feet;3)pro- LESLIE K A N E S W E I S M A N, cessory building(art studio);1)proposed art posed two lots will measure less than the CHAIRPERSON studio in the accessory building is not a per- mmimum lot depth of 175 feet,4)proposed BY.Kim E.Fuentes mitted accessory use,at: 17250 Main Street, lot no.9 with existing single family dwelling 54375 Main Road(Office Location) New Suffolk,NY SCTM#1000-117-9-30. will have more than the code permitted maxi- 53095 Main Road(Mailing/USPS) 10:00 A.M - DAVID AND CLAUDIA mum lot coverage of 20%;5)proposed lot 10 PO Box 1179 GAROFALO#7281-RequestforaVariance with proposed single family dwelling will Southold,NY 11971-0959 under Article III, Section 280-15 and the have less than the code required minimum 2354800 Building Inspector's November 30,2018 No- front yard setback of 35 feet; at . 905 9th tice of Disapproval based on an application Street, Greenport, NY SCTM No. for a permit to legalize an"as-built"accessory 1000-48-2-29. deck surrounding an existing accessory in- 1:00 P.M. - EAST END REALTY, LLC ground swimming pool, 1)located in other #7286-Request for Variances under Article than the code required rear yard; at: 7630 IX,Section 280-42 and the Building Inspec- Main Bayview Road, Southold, NY. tor's December 11,2018,Amended February SCTM#1000-87-5-16. 22,2019,Notice of Disapproval based on an 10:15 A.M. - THOMAS F. DALY, III, application for a permit to alter an existing JOYCE DALY,MARGARET DALY,ET workforce housing building to convert to a AL#7284-Request for a Waiver of Merger single family dwelling on a parcel having an petition under Article II,Section 280-10A,to existing business use to be maintained,l)less unmerge land identified as SCTM No. than the code required minimum rear yard 1000-66-1-21 which has merged with SCTM setback of 75 feet,2)less than the code re- No. 1000-66-1-22,based on the Building In- quired minimum side yard setback of 20 feet spector's January 30, 2019 Notice of Drs- at. 4880 Depot Lane, Cutchogue, NY approval,which states that a non-conforming SCTM#1000-96-2-3. lot shall merge with an adjacent conforming 1:15 P.M. - EAST END REALTY, LLC or non-conforming lot held in common own- #7287 - Request for a Use Variance under ership with the first lot at any time after July 1, Article IX,Section 280-42 and the Building 1983 and that non-conforming lots shall Inspector's December 11, 2018, Amended merge until the total lot size conforms to the February 22, 2019, Notice of Disapproval current bulk schedule requirements (mini- based on an application for a permit to alter an mum 40,000 sq ft in the R-40 Residential existing workforce housing building to con- Zoning District),located,at 150 Daly Lane, vert to a single family dwelling on a parcel Southold, NY SCTM Nos.1000-66-1-21 & having an existing business use to be main- 1000-66-1-22. tained;1)less than the required 80,000 sq ft. 10:30 A.M.-MATTHEW F.DALY,ROB- in area for each use, at. 4880 Depot Lane, ERT M.DALY,MARILYN K.DALY,ET Cutchogue,NY SCTM#1000-96-2-3. AL,#7285-Request for a Waiver of Merger 1:30 P.M.-HOUND LANE,FISHERS IS- petition under Article II,Section 280-10A,to LAND#7237-(Adjourned from April 11, unmerge land identified as SCTM No. 2019)Request forVariances under Article XI, 1000-66-1-9 which has merged with SCTM Section 280-49 and Section 280-50,and the No 1000-66-1-8,based on the Building In- Building Inspector's August 10, 2018, spector's January 30, 2019 Notice of Dis- Amended August 22, 2018 Notice of Dis- approval,which states that a non-conforming approval based on an application for a permit lot shall merge with an adjacent conforming to alter an existing building into a restaurant or non-conforming lot held in common own- on the first floor and to construct a second ership with the first lot at anytime after July 1, story addition for two apartment units,at 1) 1983 and that non-conforming lots shall the second story addition shall have less than merge until the total lot size conforms to the the code required minimum front yard set- current bulk schedule requirements (mini- back of 100 feet,2)the second story addition mum 40,000 sq ft. in the R-40 Residential #0002354800 STATE OF NEW YORK) - 6 )SS: COUNTY OF SUFFOLK) Kimberly Gersic 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 05/30/2019 A aj�P�, Principal Clerk Sworn to before me this day of lot . QCHOTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified In Sutfolk County My COMMIS91ph gXplipt f etnruary 28,2020 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 53095 Main Road•P.O.Box 1179 ®� ®�® Southold,NY 11971-0959 Patricia Acampora Office Location. Eric Dantes _ °> Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��COUSouthold,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, JUNE 6, 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, JUNE 6, 2019: 11:15 A.M. - 905 9TH STREET, LLC #7289 - Request for Variances under Article IV, Section 280-18; Article XXIII, Section 280-124; and the Building Inspector's February 7, 2019 Notice of Disapproval based on an application to approve a two lot subdivision and a permit for the construction of a new single family dwelling and accessory building (lot 10); at 1) proposed two lots will measure less than the minimum lot size of 40,000 sq. ft.; 2) proposed two lots will measure less than the minimum lot width of 150 feet; 3) proposed two lots will measure less than the minimum lot depth of 175 feet; 4) proposed lot no. 9 with existing single family dwelling will have more than the code permitted maximum lot coverage of 20%; 5) proposed lot 10 with proposed single family dwelling will have less than the code required minimum front yard setback of 35 feet; at : 905 9th Street, Greenport, NY SCTM No. 1000-48-2-29. 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: May 23, 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 141k TYPESET- Thu Jun 13 12.07.13 EDT 2019 ground swimming pool; at, 1) proposed Dated June 20,2019 LEGAL NOTICE swimming pool located in other than the code ZONING BOARD OF APPEALS i_ SOUTHOLD TOWN required rear yard;2)proposed construction LESLIE K A N E S W E I S M A N, IO ZONING BOARD OF APPEALS is more than the code permitted maximum lot CHAIRPERSON WEDNESDAY,JULY 3,2019 coverage of 20%;3)proposed construction of BY:Kim E Fuentes PUBLIC HEARINGS the single family dwelling is located less than 54375 Main Road(Office Location) NOTICE IS HEREBY GIVEN,pursuant to the code required 100 feet from the top of the 53095 Main Road(Mailing/USPS) Section 267 of the Town Law and Town Code bluff;at:21695 Soundview Avenue,(Adj to PO.Box 1179 I Chapter 280(Zoning),Town of Southold,the the Long Island Sound), Southold, NY Southold,NY 11971-0959 following public hearings will be held by the SCTM#1000-135-1-7 2364550 SOUTHOLD TOWN ZONING BOARD OF 10:50 A.M.-LEWIS TOPPER#7296-Re- APPEALS at the Town Hall,53095 Main quest for Vaiiances from Article IIT,Section Road,Southold,New York on'WEDNES- 280-15;Article XXIII,Section 280-124;and DAY,JULY 3,2019. the Building Inspector's March 1,2019,No- 9:30 A.M. - BRAD AND KATHRYN tice of Disapproval based on an application PIECUCH#7288-Request for a Variance for a building permit to construct additions under Article III, Section 280-15 and the and alterations to existing single family Building Inspector's January 9,2019 Notice dwelling, legalize "as built"trellis addition of Disapproval based on an application for a over patio and to legalize the"as built"acces- permit to construct an accessory garage; 1) sory shed, at; 1) proposed addition to the located in other than the code required rear single family dwelling located less than the yard; at: 1350 Woodcliff Drive, Mattituck, code required minimum front yard setback of NY SCTM#1000-107-8-1. 35 feet; 2) proposed addition to the single 9:40 A.M. - HC NOFO, LLC/TODD family dwelling located less than the code FEUERSTEIN#7290-Request for Varian- required minimum rear yard setback of 35 ces under Article XXIII,Section 280-124 and feet,3)proposed construction is more than the Building Inspector's December 26,2018 the code permitted maximum lot coverage of Notice of Disapproval based on an applica- 20%,4)"as-built"shed located in other than tion for a permit to demolish an existing the rear yard;at:3605 Camp Mineola Road, dwelling and construct a new single family (Adj.to the Great Peconic Bay),Mattituck, dwelling and an accessory garage; 1) pro- NY SCTM#1000-123-6-12.4 posed single family dwelling measuring less 11:10 A.M. - PHILLIP B. CAMMANN than the code required minimum rear yard #7297-Request for a Variance from Article setback of 50 feet;2)proposed accessory ga- III,Section 280-15;and the Building Inspec- rage is located in other than the code required tor's March 5,2019,Notice of Disapproval rear yard;at:6370 Skunk Lane,Cutchogue, based on an application for a building permit NY.SCTM#1000-104-5-3.3. to construct an accessory swimming pool and 9:50 A.M •SANTOSIIA AFTER 50,LLC raised patio;at; 1)located in other than the #7291-Request for Variances under Article rear yard,at: 1500 Deep Hole Drive Road, XXIII,Section 280-124 and the Building In- (Adj.to Deep Hole Creek),Mattituck,NY. spector's February 1, 2019 Notice of Dis- SCTM#1 000-115-12-21.3. approval based on an application for a permit 11:20 A.M.-TIMOTHY AND NATALIE to make additions and alterations to an exist- HOUGH#7298SE -Request for a Special ing seasonal dwelling; 1)less than the code Exception under Article III, Section 280- required minimum front yard setback of 35 13B(13).The Applicants are the owners of feet;2)less than the code required minimum subject property requesting authorization to side yard setback of 15 feet,ar 56155 Route construct an Accessory Apartment in an exist- 48,(Adj to Long Island Sound)Greenport, ing accessory structure,at:275 Alois Lane, NY.SCTM#1000-44-1-21. Mattituck,NY.SCTM#1000-123-6-4.7 10:00 A.M. - MICHAEL MCCARRICK 11:30 A.M. - 905 9TH STREET, LLC REAL ESTATE.INC.#7292-Request for a #7289—(Adjourned from June 6,2019)Re- Variancefrom Article Ill,Section 280-15,and quest for Variances under Article IV,Section the Building Inspector's February 21,2019, 280-18,Article=1I,Section 280-124,and Notice of Disapproval based on an applica- the Building Inspector's February 7, 2019 tion for a building permit to construct an ac- Notice of Disapproval based on an applica- cessory garage;at; I) located less than the tion to approve a two lot subdivision and a code required minimum front yard setback of permit for the construction of a new single 35 feet; at: 415 Lakeside Drive, (Adj to family dwelling and accessory building(lot Pleasant Inlet),Southold,NY.SCTM#1000- 10),at 1)proposed two lots will measure less 90-3-13. than the minimum lot size of 40,000 sq ft;2) 10:10 A.M.-HARUN SMA AND AUS- proposed two lots will measure less than the TIN DOWLING#7294-Request for Varian- minimum lot width of 150 feet;3)proposed ces from Article III Section 280-14 and the two lots will measure less than the minimum Building Inspector's January 16,2019 Notice lot depth of 175 feet;4)proposed lot no. 9 of Disapproval based on an application for a with existing single family dwelling will have two lot subdivision on a non-conforming 47 more than the code permitted maximum lot acre parcel,at,1)both proposed lots will be coverage of 20%; 5) proposed lot 10 with less than the code required minimum lot area proposed single family dwelling will have of 40,000 sq.ft.,2)both proposed lots will be less than the code required minimum front less than the code required minimum lot yard setback of 35 feet,at:905 9th Street, width of 150 feet;3)both proposed lots will Greenport,NY SCTM No 1000-48-2-29 be less than the code required lot depth of 175 The Board of Appeals will hear all persons feet, at 195 Ninth Street, Greenport, NY. or their representatives,desiring to be heard at SCTM#1000-48-1-23 each hearing,and/or desiring to submit writ- 10:30 A.M.-RACHEL MURPHY#7295- ten statements before the conclusion of each Request for Variances from Article 1I1,Sec- hearing Each hearing will not start earlier tion 280-15,Article IV,Section 280-18;Arti- than designated above Files are available for cle XXII, Section 280-116A(1), and the review during regular business hours and Building Inspector's February 14,2019,No- prior to the day of the hearing.If you have tice of Disapproval based on an application questions,please contact our office at,(631) for a building permit to demolish an existing 765-1809, o r by email. k i m f@ single family dwelling and construct a new southoldtownny gov single family dwelling and an accessory in- #0002364550 STATE OF NEW YORK) - )SS: COUNTY OF SUFFOLK) Kimberly Gersic 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 06/20/2019 Principal Clerk Sworn to before me this day of 0 ionigaj Saildx310ISSIM03 AW Ajun00 IIoms u1 pelt11nn0 09090190A10'0N NZIOA M3N jO 31V1S-0119nd AHV10P I71SN110A VNI1SIV" L ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net �� May 6, 2019 Re: Town Code Chapter 55 -Public Notices for Thursday, June 6, 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 May 20th: 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 May 27th: 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 May 29th: 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 June 4, 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. ilu" Tl ('. E u' F HEARIi4k2 The following application will be heard by the Southold Town Board of Appeals at Town Hall , 5309,5 Main Road , Southold : NAME : 905 9t" STREET , LLC #7289 SCTM # : 1000-48 -2-29 g(JARIANCEE TWO LOT SUBDIVISION REQUEST: SIZE , WIDTH , DEPTH , FRONT YARD SETBACK AND LOT COVERAGE DATE : WED . , JULY 35 2019 11030A 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 i4u' Tlk'. E U' F HEA i (a The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME : 905 9t" STREET , LLC #7289 SCTM # : 1000- VARIANCE : TWO LOT SUBDIVISION I:D-"kEQUESTmm SIZE , WIDTH , DEPTH , FRONT YARD SETBACK AND LOT COVERAGE SATE : THURS. , JUNE 61 2019 11NEI 5AM 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 ^OARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 TOWN OF SOUTHOLD -726 �" A � jet j1h St ZONING BOARD OF APPEALS Appeal No. SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of: MAILINGS 905 9th Street LLC 905 Ninth Street, Greenport, New York SCTM No. 1000- 48-2-29 (Address of Property) (Section, Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK 1, ( ).Qwi-iff, ( )4geat BARBARA DIACHUN residing at 875 School House Road, Cutchogue, New York, being duly sworn, deposes and says that: On the 11th day of May , 2019 , I personally mailed at the United States Post Office in Cutchogue ,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 (x) Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. 6LLt-A 24-u (Signature) Barbara Diachun Sworn to before me this 22nd day of May 52019 MARYKATE BRIGHAM Notary Public,State of New York (Notary L ub11C) No.02BR6364275 Qualified in Suffolk County Comm. Expires September 11,201 PLEASE list on the back of this Affi avit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. LARK& FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 RICHARD F.LARK Fax No. (631)734-5651 MARY LOU FOLTS E-mail: Attys@larkandfolts.com May 22, 2019 Ms . Kim Fuentes - Zoning Board of Appeals Town of Southold 54375 Main Road - P.O. Box 1179 Southold, NY 11971 RE: 905 9th Street LLC 905 Ninth Street, Greenport, New York (SCTM #1000-48-2-29) Dear Ms . Fuentes : Pursuant to the notice from the Zoning Board of Appeals dated May 6, 2019, I am enclosing the Affidavit of Mailings . Very truly yours, Richard F. Lark RFL/bd Enclosure 905 9th Street LLC (! 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St rRO Streets 1 Sunnl ------------------------------------ Cdy,State, l-+4®-----.----- Flainview NY 11803 :/1 1 11 111•1• - I 905 9th Street LLC (;,__ _M #1000-048 . 00-02 . 00-029. ,)) 7�91 1000-048 . 00-02 . 00-028 . 000 M. ° B i GERTIFIED O ■ ■ i.0 Ir I I r`- 117 �`0 GREE�0�'3�aP�Y�Y)11'9�t41 e ➢`°'� �' (co Certified Mall Fee �� $ 3..� 7� r%- Extra Services&Fees(checkbox,add fee ate) 1�� ❑Retum Receipt(hardcopy) $ ) C5) �0 r-3 ❑Return Receipt(electronic), $ Postmark N ' r-3 [ICertified Mail Restricted Delivery $ l dere N O []Adult Signature Required $ 7 OE] V Adult Signature Restricted Delivery$ vi p Postage O Total Postage and Fees - 0 1/2019 $ r- Sent Torq Mario Garrido ---=----------------- P Sireet srtdA t lVo.,or PO Box No. �10 Johnson Court ------------ G - ary,state, P+arete en--ort NY 11944 1000-048 . 00-02 . 00-032 . 002 Er Ie .- --° GRE NPORT�Iii Yq1 944 Q t itU it Ica $entified Mall Fee $3.5a' �9�1 .t] N- Extra Services&Fees(check box,add fee �Q - ❑Return Receipt(hardcopy) $ �`rJta N C3 [:]Return Receipt(electronic), $ ` *.stmark C3 El Certified Mail Restricted Delivery $ Here,, 0 ❑Adult Signature Required $ ��� f (p O []Adult Signature Restricted Delivery$ Postage $0.55 �O` J Er Er $ 'GS /2�0 Total Postage andel. O $ $ O 990.1, g ; r- sentro tora o $ Enri�uez---- - = orazon O Street andApo�. r9thX Street t~ -'------------------------------------------------------------------------------------- ° I Cdy,State, IP+4®. Ureenport NY 11944 t TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING 905 9th Street LLC SCTM No. 1000- 48-2-29 ' '-(Name-'ofApplicants)' (Section, Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK 1, FRANK SAVITS residing at 1580 Soundview Avenue, Peconic ,New York, being duly sworn, depose and say that: Member/Manager of the I am the (x) Owner or ( ) Agent for owner of the subject property On the 20th 'day of May , 20 19, 1 personally placed the Town's Official Poster on subject property located at: 905 Ninth Street, Greenport, New York; one Poster on Ninth Street and one Poster on Flint Street indicating the date of hearing and nature of application noted thereon, securely upon subject 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 .Tune 6, 2019 905 th Stre LLC By caner/ t Signature) Frank Savits, Member/Manager Sworn to before me this 28th Day of May , 20 19 sje� L64JIC�,� BARBARA DIACHUN (Notary Public) Notary Public, State of New York No 01 D14635190-Suffolk County Commission Expires Oct,31,20 .2 * near the entrance or driveway entrance of property, as the area most visible to passerby LARD&FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No. (631)734-6807 RICHARD F.LARK Fax No. (631)734-5651 MARY LOU FOLTS E-mail: Attys@larkandfolts.com May 28, 2019 Ms. Kim Fuentes Zoning Board of Appeals Town of Southold 54375 Main Road - P.O. Box 1179 Southold, NY 11971 RE: 905 9th Street LLC 905 Ninth Street, Greenport, New York (SCTM #1000-48-2-29) Dear Ms . Fuentes : Pursuant to the notice from the Zoning Board of Appeals dated May 6, 2019, I am enclosing the Affidavit of Posting. Very truly yours, ichard F. Lark RFL/bd Enclosure LARK&FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No. (631)734-6807 RICHARD F.LARK Fax No. (631)734-5651 MARY LOU FOLTS E-mail: Attys@larkandfolts.com June 4, 2019 Ms . Kim Fuentes Zoning Board of Appeals Town of Southold 54375 Main Road - P.O. Box 1179 Southold, NY 11971 r RE: 905 9th Street LLC 905 Ninth Street, Greenport, New York (SCTM #1000-48-2-29) Dear Ms . Fuentes : - Pursuant to the notice from the Zoning Board of Appeals dated May 6, 2019, I am enclosing the green signature cards from the certified mailings . Very truly yours, chard F. Lark RFL/bd Enclosure 905 9th Street LLC #1000-048 . 00-02 . 00-029 . L,._') 1000-045 . 00-06. 00-005 . 001 GOMPLETE THIS SEdTIOOMPLETETHIS • • DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverseX 13 Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. R e ed by(Printed Name) to of Delivery or on the front if space permits. 1. Article Addressed to: y r• D. Is delivery,address different from item 17 E3 Yes e� Manager — Civil Inspection'a;;•Y�V, If YES,enter delivery address below: ❑No Structures Department MTA Long Island Rail Road :F Hilside Maintenance Complex Mail Code 3143, 93-59 183 Street Hollis NY 11423 3.II I I IIII IIII III I I I I I I I I II I I I I I II II I III I III ❑Adu0 Priority Mail ExpressO lt Sign Signature ce eRestricted Delivery ❑ReeegIstered Mail Restricted 9590 9402 3607 7305 3581 39 R Certified Mail® Delivery El Certified Mail Restricted Delivery Q Retum Receipt for ❑Collect on Delivery Merchandise z.-lrhale Number-(Transfecfrom_service label) ❑Collect on Delivery Restricted Delivery 0 Signature Confirmtion7 1117'd ;, , ; ;; ❑Signature Confirmation 7 01=7`' 19 b i 0 d 0 0 7 6'8 9 6 713 s t- i' Restricted Delivery i I Restricted Delivery Ps Form 3811,July 2015.PSN 7530-02-000-9063 .Domestic Return Receipt ; 1000-045 . 00-06. 00-009 . 001 r r✓1'u rN r d s 1000-045 . 00-06. 00-009 . 002 Nb r etui'nrcd PLErt T14IS 9ECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X [3 Agent so that we can return the card to you. Addressee CD CD CD B. Received ,by this card to the back of the mailpiece, by(Printed Name) C. Date of Delivery o o U' or on the front if space permits. o 1. Article Addressed to: D, Is delivery address different from item 1? ❑Yesct CD if YES,enter delivery address below: p No Armando R Enriquez co Corazon N Enriquez U)o rt C) n 1025 9th Street I Greenport NY 11944 0 N rc I t o L1 3. Mall II llllil IIII II I III I I I I I I I I I I III II II I III ❑AdulService 9 tutee Restricted D 13 elivery ❑Reeggistered M�Restricted!I CCD D 9590 9402 3607 7305 3580 92 N Certified Mail® Delivery -- ❑Certified Mail Restricted Delivery ❑Return Receipt for oo U] ❑Collect on Delivery Merchandise 2, Article Number(!)ansfer from service label) — ElCollect on Delivery Restricted Delivery L7 Signature Confirmation Tf" o ❑Signature Confirmation o ?017 0190 0000 7689 6669 tricted Delivery Restricted Delivery o PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ~ 0 — - - - - ------ --- -- - - --- -- �- - o CD I ---- - ---- ----- ----- -- - --- - - - - -- - - - - - - oamc - -- �m€c�sasm Uzi co - -- --— --.- -- - - --- - - -- o SENI • • • • • • DELIVERY o N Ell Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverseX E3Agent o so that we can return the card to you. ❑Addressee to B. Received b Printed Name C. Date of Delivery o ■ Attach this card to the back of the mailpiece, y( ) ry � or on the front if space permits. NM 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes I If YES,enter delivery address below: ❑No I Mario Garrido 310 Johnson Court - Greenport NY 11944 ! Il0 IIIII illi III I Ill I I I I II I I I I I II II I I I IIII III 3. Service Type ❑Priority Mail ❑ ❑RegiAdult Signature Registered Mai- lI ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 3607 7305 3581 08 Certified Maly Delivery I7 Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑_Collect on Delivery Restricted Delivery 13Signature Confirmation- -- — l ❑Signature Confirmation I ! 7 017 0190 0000 7689 6676 �i Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt i A --- -- -- ---- - ----- - -- -- ---- TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING 905 9th Street LLC SCTM No. 1000- 48-2-29 (Name of Applicants) (Section, Block &Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I MARYKATE BRIGHAM of Lark & residing at 1615 Pike Street, Folts, Esqs. Mattituck ,New York, being duly sworn, depose and say that: I am the ( ) Owner or(x) Agent for owner of the subject property On the 19th day of June , 20 19 , I personally placed the Town's Official Poster on subject property located at: 905 Ninth Street, Greenport, New York; one Poster on Ninth Street and one Poster on Flint Street indicating the date of hearing and nature of application noted thereon, securely upon subject 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 July 3, 2019 4 ( wn /Agent Signatur MaryKate Brigham f e this 20th Da of June , 2019 Sworn to before m y BARBARA DIACHUN (Notary Public) Notary Public, State of New York No 01 D14635190-Suffolk County Comm sion Expires Oct.31,20ak- * near the entrance or driveway entrance o property, as the area most visible to passerby LARK& F®LTS �E Attorneys at Law 28785 MAIN ROAD PO SOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 RICHARD F.LARK Fax No. (631)734-5651 MARY LOU FOLTS E-mail: Attys@larkandfolts.com June 20, 2019 Ms . Kim Fuentes Zoning Board of Appeals Town of Southold 54375 Main Road - P.O. Box 1179 Southold, NY 11971 RE: 905 9th Street LLC 905 Ninth Street, Greenport, New York (SCTM #1000-48-2-29) Dear Ms . Fuentes : Pursuant to the letter from the Zoning Board of Appeals dated June 11, 2019, I am enclosing the Affidavit of Posting. Very truly yours, �ichard F. Lark RFL/bd Enclosure k�C�IV` Zo JUN 212019 �ing aOard ofA ,Dpea/s TOWN OF SOUTHOLD ZONING BOARD OF APPEALS —19" gd5' q'�ht L LC_ SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING 905 9TH Street LLC (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK I,MMKate Brigham of Lark&Folts, Esgs. residing at 1615 Pike Street Mattituck ,New York, being duly sworn, depose and say that: I am the ( ) Owner or(X)Agent for owner of the subject property On the 19th day of June , 2019 , I personally placed the Town's Official Poster on subject property located at: 905 Ninth Street, Greenport,New York; one Poster on Ninth Street and one Poster on Flint Street indicating the date of hearing and nature of application noted thereon, securely upon subject 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 July 3, 2019 &14X'_ AA A J114A (Own r/Agent Signat ) Sworn to before me this � Day of , 2019 � Z RICHARD LARK KotaPublic Notary Public,State of New York rY ) No.021A7432500 Qualified in Suffolk County * near the entrance or driveway entrance of$T8TAT!"MiW946 OA visible to passerby LARK& FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 RICHARD F.LARK Fax No. (631)734-5651 MARY LOU FOLTS E-mail: Attys@larkandfolts.com July 2, 2019 Ms . Kim Fuentes Zoning Board of Appeals Town of Southold 54375 Main Road - P.O. Box 1179 Southold, NY 11971 RE: 905 9th Street LLC 905 Ninth Street, Greenport, New York (SCTM #1000-48-2-29) Dear Ms . Fuentes : Pursuant to the letter from the Zoning Board of Appeals dated June 11, 2019, I am enclosing the Affidavit of Posting. Very truly yours, ichard F. Lark RFL/mb Enclosure -6_l BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ���F S�Uliy® 53095 Main Road o P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �, Town Annex/First Floor. Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento OIiYcou Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809®Fax(631)765-9064 MEMO FEB 2 0 2019 TO: Planning Board Southold Town Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: February 20, 2019 SUBJECT: Request for Comments ZBA# 7289 905 9T" St. LLC 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 fAX# ZBA# HEARING CODE DATE OF PREPARER ZONE DATE SECTION STAMPED OF SURVEY DIST SURVEY/SIT E PLAN 905 9th St. 1000-48- #7289 June 6, Art IV Sec December 2, Peconic LLC 2-29 2019 280-18; Art 2005 Surveyors, XXIII Sec P.C. 280-1246; Art XXIII Sec 280- 124 Thank you. Encls. Fuentes, Kim er a1� From: Lanza, Heather -� Sent: Tuesday, May 21, 2019 2:45 PM To: Weisman, Leslie; Fuentes, Kim Cc: Donald Wilcenski Subject: Planning Board comments to ZBA Files 7289 & 7294 The Planning Board is requesting more time to provide comments on two ZBA applications for lot area variances. One is scheduled for June and one for July. The Planning Board is reviewing File#7289 and#7294 together as they are very similar. Comments will be provided in time for the July hearing. Thank you for your •consideration. Heather Lanza,AICP Town Planning Director Southold Town Planning 53095 Route 25 P.O. Box 1179 Southold,New York 11971 Phone: (631)765-1938 E-mail: heatherl(&sotitholdtownng.cL i BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �0��0f SOUryOlO 01- 95 Main Road• P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CIO Town Annex/First Floor . Robert Lehnert,Jr. � • COQ 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoI,YCOUNnI' Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 MEMO Date: May 20, 2019 To: Leslie Kanes Weisman, Chairperson William Duffy, Town Attorney From: Kim Fuentes, Board Assistant RE: Pending ZBA Applications Requesting Subdivisions We have two pending applications requesting relief for subdivisions; i.e., substandard lot sizes, width and depth, which are listed below: • 905 9th Street#7289/Richard Lark as Rep. to be heard on June 6 • Harun Sinha#7294/Frank Uellendahl as Rep. to be heard on July 3 Planning Director, Heather Lanza has informed me that as part of the Planning Board's review, they are working on collecting subdivision maps in the area, that they may not be able to finish their research and review before the ZBA hearing dates, and that they are asking that the hearings for the aforementioned applications remain open until they have completed their review. cc: Board Members ' T 1 i BOARD MEMBERS �'�'0f soyo Southold Town Hall Leslie Kanes Weisman,Chairperson �� lQ 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. Ol 54375 Main Road(at Youngs Avenue) Nicholas Planamento UNTV,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 June 11, 2019 Richard Lark Lark&Folts, Esqs. P.O. Box 973 Cutchogue,NY 11935 RE: Appeal##7289, 905 9th Street, LLC SCTM No. 1000-48-2-29 Dear Mr. Lark; During our Regular Meeting of June 6, 2019, the Board of Appeals voted to adjourn your public hearing to the next available regular meeting date, which is WEDNESDAY July 3, 2019 at 11:30 AM. The public hearing poster must be prominently displayed on the subject property. If you have any questions, please contact our office. Thank you for your attention to this matter. Sincerely, Kim E. Fuentes Board Assistant BOARD MEMBERS ��0f SOUjy� Southold Town Hall Leslie Kanes Weisman,Chairperson h0 1p 53095 Main Road -P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �pQ Town Annex/First Floor, Robert Lehnert,Jr. Ol 54375 Main Road(at Youngs Avenue) Nicholas Planamento y�ou ,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 August 6, 2019 Richard Lark Lark &Folts, Esqs. P.O. Box 973 Cutchogue,NY 11935 Re: ZBA Appeal No. 7289 905 Ninth Street, Greenport Denied as Applied SCTM No. 1000-48-2-29 Dear Mr. Lark; Enclosed is a copy of the Zoning Board's August 1, 2019 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Sincere , Kim E. Fuentes Board Assistant Encl. cc: Building Department - 9`0� q'd3t L Cc- 1000 �Y1iR 4 ° - 1 3 r y0 ,2 MSN w, � 6 9 l�L � I_ C •� , 46 4i I a rnto •(�i��/ 311 �'1 (n'1 (�`, w s,l � al ax Y ryT,!°��I l�r � _� • � ' (o) la,- Y ( 2S 7D ��✓ t _� lla � SS• w I ,cs O w 32 33 W IGGINS 30 31 l I I 2 6 1 24 - $1- a on 1 R° ,b, I T I I - n tM d I pm a Pal 1 8 27 ,T Rsl II C II II 0 im o 43 I _$• "47., - on 1 Co I 1 '443 1 1 1 1 , 1a1 I ,r------ ---1'P•r -- ,1 I I 1.5A 1 1 O - - - 0 1 15.7 1 I - 1 lal 3 $ + 12.11 1 I 1 am $7 (50) 6 rn / x ST. 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