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BOARD MEMBERS O�*pF STy�l Southold Town Hall
Leslie Kanes Weisman,Chairperson Q 53095 Main Road•P.O.Box 1179
Southold,NY 11971-0959
Patricia Acampora T 4W. Office Location:
Eric Dantes ® apt Town Annex/First Floor,
Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue)
Nicholas Planamento �Coum Southold,NY 11971
RECEIVED
http://southoldtownny.gov
ZONING BOARD OF APPEALS Oi OCT
- 3' �1 201199
TOWN OF SOUTHOLD n. min
Tel.(631)765-1809•Fax(631)765-9064 (..L
Southold Town Clerk
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF SEPTEMBER 26, 2019
ZBA FILE: #7311
NAME OF APPLICANT: Silvia Campo and David Hermer
PROPERTY LOCATION: 3675 Nassau Point Road, (Adj.to Little Peconic Bay) Cutchogue,NY
SCTM#1000-111-9-4.2
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type II category of the State's List of Actions, without
further steps under SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk
County Administrative Code Sections A 14-14 thru A 14-25, and the Suffolk County Department of Planning
issued its reply dated May 15, 2019 stating that this application is considered a matter for local determination as
there appears to be no significant county-wide or inter-community impact.
LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency
review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. The LWRP Coordinator issued a recommendation dated August 27, 2019. Based upon the information
provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records
available to us, it is our recommendation that the proposed the retaining wall and the 913 square foot deck are
CONSISTENT with the LWRP, however, the 75.85 square foot deck located seaward of the top of the bluff is
recommended as INCONSISTENT with the policy standards of the LWRP siting the following:
6.3 Protect and restore tidal and freshwater wetlands
A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and
regulations for all Andros Patent and other lands under their jurisdiction.
1. Comply with Trustee regulations and recommendations as set forth in Trustee permit
conditions.
The 78.85 square foot deck located seaward of the top of the bluff is not permissible and does not comply
with the statutory requirements pursuant to Section 275.11. Construction and operation standards.
A. General. The following standards are required for all operations within the jurisdiction of the
Trustees.
Page 2, September 26,2019
#7311, Campo-Hermer
SCTM No. 1000-111-9-4.2
(6)Platforms.
[Amended 10-11-2005 by LL No. 17-2005; 10-9-2012 by LL No. 12-20121
(b) Platforms my not exceed 200 square feet and must me landward of the top of bluff.
However, with the conditions imposed herein,the Board of Appeals finds the proposed action to be CONSISTENT
with the LWRP.
PROPERTY FACTS/DESCRIPTION: The subject property is a conforming 40,993 square feet parcel in the
Residential R-40 Zoning District. The northerly property line measures 405.00 feet, the easterly property measures
100.48 feet and is adjacent to Little Peconic Bay,the southerly property line measures 415.00 feet and the westerly
property line measures 100.48 feet and is adjacent to Nassau Point Road. The property is improved with a two and
one half-story famed residence with partial walkout ground floor, with an attached elevated wood deck that starts
on the north side of the residence and runs to the east (rear of home). The property on the northerly side has a
wooden (CCA 6 foot by 6treated railroad ties) retaining wall built into the bluff. There are existing platforms
(decks) and stairs that go from the rear of the property to the wooden bulkhead with another platform (deck) and
stairs leading to the beach adjacent to Little Peconic Bay. The grade of the property slopes from west to east as
shown on the survey map prepared by John T. Metzger,LS, and dated February 6, 2019.
BASIS OF APPLICATION: Request for Variances from Article III, Sections 280-15; Article XXII. Section 280-
116A(1) and the Building Inspector's February 20, 2019 Notice of Disapproval based on an application to
demolish and reconstruct the existing retaining wall and two accessory decks at, 1) retaining wall is located less
than the code required 100 feet from the top of the bluff, 2) deck is located less than the code required 100 feet
from the top of the bluff, 3) deck is located seaward of the top of bluff, not permitted; located, at 3675 Nassau
Point Road, (Adj.to Little Peconic Bay) Cutchogue,NY. SCTM#1000-111-9-4.2.
RELIEF REQUESTED: The applicant requests variances to demolish and reconstruct the existing retaining walls
and two accessory deck at 3675 Nassau Point Road, Cutchogue, NY. SCTM#1000-111-9-4.2. The proposed
construction, on this conforming 40,933 square feet parcel in the Residential R-40, is not permitted pursuant to
Article XXII Section 280-116A(1), which states; "All buildings or structures located on lots upon which there
exists a bluff landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff."
The site plan prepared by Shawn Leonard, Architect, and last revised April 8, 2019 shows the retaining walls at+/-
7 feet from top of bluff. In addition, the proposed reconstruction of the 9.5 ft. by 8.3 ft. accessory deck has a 0'
setback from top of bluff and 9.5 ft. by 9.5 ft. deck is located seaward of the top of bluff.
ADDITIONAL INFORMATION: The retaining walls where built in the 1980's when the house was constructed.
The decks were constructed at the property sometime after 1986. The prior owners did not need a Trustees permit
for beach stairs or the decks built as part of the beach stairs. The applicants purchased the property in 2015 and the
beach stairs and retaining wall were existing. A 10 ft. non-turf buffer is proposed which will be either
gravel/landscape fabric or native plant material. The decks, stairs and retaining walls were all existing structures
when the applicant bought the property. When the Town Board adopted the setbacks from the "top of the
bluff/bank" minor accessory structures associated with the beach stairs or landscape retaining walls were not the
focus of the regulations. These structures have been in place for almost 30 years. The stability of the bank is stable
and the bank is vegetated. The neighbor to the north attended the Public Hearing on September 12, 2019 with
concerns about the replacement of the retaining wall. The applicant's representative showed the site plans prepared
by Shawn Leonard, Architect, last revised April 8, 2019 along with explaining what would be done. The neighbor
was satisfied and had no further comments. The subject property received prior variance relief in ZBA#7117 dated
February 1, 2018 to add 130 sq. ft. to a master bathroom on the second floor with a bluff setback of 67 feet where
code requires 100 feet.
i
Page 3, September 26,2019
#7311,Campo-Hermer
SCTM No 1000-111-9-4.2
The Board of Trustees must grant approval for the retaining wall, decking and stairs.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on September 12,2019 at which time
written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the
property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true
and relevant and makes the following findings:
1. Town Law §267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. This is a beach community and a majority of the properties
in the area have similar designs with retaining walls, beach stairs and decks. It is not unusual to see the same look
throughout the Nassau Point community. Replacement of the as built stairs and decks will
2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue, other than an area variance. The stairs give access to the beach and the decks provide a
place to sit (two beach chairs) and are part of the stairs. The surrounding land is sloped and vegetated. While the
applicant could conceivably replace the 8.3 ft. by 9.5 ft. deck that overhangs the top of the bluff with at grade
pavers that would not require a variance, to so would create greater land disturbance than the replacement of what
is already built.
3. Town Law $267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 93%
relief from the code for the retaining walls at +/- 7 feet from the top of bluff; and 100% relief for the proposed
reconstruction of the 9.5 ft. by 8.3 ft. accessory deck and the 9.5 ft. by 9.5 ft. accessory deck. However, all these
structures have existed. The applicant wishes to replace, in kind and in place, the old wood retaining walls and the
wood decks and stairs to make all structures safe and in line with the design of the property. Additionally, most
other homes in this neighborhood have very similar decks, stairs, and landings to access the beach and Little
Peconic Bay.
4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood. The
applicant must comply with Chapter 236 of the Town's Storm Water Management Code. This property is very
much in character with the community of Nassau Point. No impact will be caused to the existing bank. The
retaining wall controls the existing natural grade of the rear of the property and the decks keep human activity off
the natural landscape landward of the existing bulkhead.
5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. Although the applicant purchased the
property in 2015 and all the decks and stairs were as built,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 is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a new retaining wall, replacing the old wood on the decks and stairs while
preserving and protecting the character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under
New York Town Law 267-B, motion was offered by Member Acampora, seconded by Member Planamento, and
duly carried,to
Page 4, September 26,2019
#7311,Campo-Hermer
SCTM No. 1000-111-9-4.2
GRANT the variances as applied for and shown on the survey map prepared John T. Metzger, LS and dated
February 6, 2019 and the Site Plan drawn by Shawn Leonard,Architect,revised on April 8, 2019.
1. The applicant must obtain approval from the Southold Board of Trustees. Failure to do so will render this
approval null and void.
2. The non turf buffer shown on the survey cited above shall be installed as proposed unless altered by the
Southold Board of Trustees which shall take precedence.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued
Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays
and/or a possible denial by the Building Department of a building permit, and may require a new application and
public hearing before the Zoning Board of Appeals.
Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey
cited above, such as alterations, extensions, or demolitions, are not authorized under this application when
involving nonconformities under the zoning code. This action does not authorize or condone any current or future
use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject
to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to
comply therewith will render this approval null and void
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does
not increase the degree of nonconformity.
Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the
Board of Appeals shall become null and void where a Certificate of Occupancy has not been
procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three
(3) years from the date such variance was granted. The Board of Appeals may, upon written
request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one
(1)year terms.
Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes,Acampora,Planamento and Lehnert. (5-0)
1 164
04�— 17V
�LC/�YV✓✓9r
Leslie Kanes Weisman, Chairperson
Approved for filing /cl7/2019
BOARD MEMBERS ��0� $ yO Southold Town Hall
Leslie Kanes Weisman,Chairperson ti0 �Q 53095 Main Road •P.O.Box 1179
Southold,NY 11971-0959
Patricia Acampora T T Office Location:
Eric Dantes �pQ Town Annex/First Floor,
Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue)
Nicholas Planamento yC0(l +� Southold NY 11971
RECEIVED
http://southoldtownny.gov �`,%M6 3: to-fm
ZONING BOARD OF APPEALS 0 CT - 1 2019
TOWN OF SOUTHOLD
Tel.(631)765-1809•Fax(631)765-9064 ®utllold Town Clerk
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF SEPTEMBER 26, 2019
ZBA FILE: #7311
NAME OF APPLICANT: Silvia Campo and David Hermer
PROPERTY LOCATION: 3675 Nassau Point Road, (Adj.to Little Peconic Bay)Cutchogue,NY
SCTM#1000-111-9-4.2
SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type II category of the State's List of Actions, without
further steps under SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk
County Administrative Code Sections A 14-14 thru A -14-25, and the Suffolk County Department of Planning
issued its reply dated May 15, 2019 stating that this,application is considered a matter for local determination as
there appears to be no significant county-wide or inter-community impact.
LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency
review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. The LWRP Coordinator issued a recommendation dated August 27, 2019. Based upon'the information
provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records
available to us, it is our recommendation that the proposed the retaining wall and the 913 square foot deck are
CONSISTENT with the LWRP, however, the 75.85 square foot deck located seaward of the top of the bluff is
recommended as INCONSISTENT with the policy standards of the LWRP siting the following:
6.3 Protect and restore tidal and freshwater wetlands
A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and
regulations for all Andros Patent and other lands under their jurisdiction
1. Comply with Trustee regulations and recommendations as set forth in, Trustee permit
conditions.
The 78.85 square foot deck located seaward of the top of the bluff is not permissible and does not comply
with the statutory requirements pursuant to Section 275.11. Construction and operation standards.
A General. The following standards are required for all operations within the jurisdiction of the
Trustees.
Page 2, September 26, 2019
#7311, Campo-Hermer
SCTM No. 1000-111-9-4.2
(6)Platforms.
[Amended 10-11-2005 by LL No. 17-2005; 10-9-2012 by LL No. 12-20121
(b) Platforms my not exceed 200 square feet and must me landward of the top of bluff
However, with the conditions imposed herein, the Board of Appeals finds the proposed action to be CONSISTENT
with the LWRP.
PROPERTY FACTS/DESCRIPTION: The subject property is a conforming 40,993 square feet parcel in the
Residential R-40 Zoning District. The northerly property line measures 405.00 feet,the easterly property measures
100.48 feet and is adjacent to Little Peconic Bay,the southerly property line measures 415.00 feet and the westerly
property line measures 100.48 feet and is adjacent to Nassau Point Road. The property is improved with a two and r
one half-story famed residence with partial walkout ground floor, with an attached elevated wood deck that starts
on the north side of the residence and runs to the east (rear of home). The property on the northerly side has a
wooden (CCA 6 foot by 6treated railroad ties) retaining wall built into the bluff. There are existing platforms
(decks) and stairs that go from the rear of the property to the wooden bulkhead with another platform (deck) and
stairs leading to the beach adjacent to Little Peconic Bay. The grade of the property slopes from west to east as
shown on the survey map prepared by John T. Metzger, LS, and dated February 6, 2019.
BASIS OF APPLICATION: Request for Variances from Article III, Sections 280-15; Article XXII. Section 280-
116A(1) and the Building Inspector's February 20, 2019 Notice of Disapproval based on an application to
demolish and reconstruct the existing retaining wall and two accessory decks at, 1) retaining wall is located less
than the code required 100 feet from the top of the bluff; 2) deck is located less than the code required 100 feet
from the top of the bluff, 3) deck is located seaward of the top of bluff, not permitted; located, at 3675 Nassau
Point Road, (Adj.to Little Peconic Bay) Cutchogue,NY. SCTM#1000-111-9-4.2.
RELIEF REQUESTED: The applicant requests variances to demolish and reconstruct the existing retaining walls
and two accessory deck at 3675 Nassau Point Road, Cutchogue, NY. SCTM#1000-111-9-4.2. The proposed
construction, on this conforming 40,933 square feet parcel in the Residential R-40, is not permitted pursuant to
Article XXII Section 280-116A(l), which states; "All buildings or structures located on lots upon which there
exists a bluff landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff."
The site plan prepared by Shawn Leonard,Architect, and last revised April 8, 2019 shows the retaining walls at+/-
7 feet from top of bluff. In addition, the proposed reconstruction of the 9.5 ft. by 8.3 ft. accessory deck has a 0'
setback from top of bluff and 9.5 ft. by 9.5 ft. deck is located seaward of the top of bluff.
ADDITIONAL INFORMATION. The retaining walls where built in the 1980's when the house was constructed.
The decks were constructed at the property sometime after 1986. The prior owners did not need a Trustees permit
for beach stairs or the decks built as part of the beach stairs. The applicants purchased the property in 2015 and the
beach stairs and retaining wall were existing. A 10 ft. non-turf buffer is proposed which will be either
gravel/landscape fabric or native plant material. The decks, stairs and retaining walls were all existing structures
when the applicant bought the property. When the Town Board adopted the setbacks from the "top of the
bluff/bank" minor accessory structures associated with the beach stairs or landscape retaining walls were not the
focus of the regulations. These structures have been in place for almost 30 years. The stability of the bank is stable
and the bank is vegetated. The neighbor to the north attended the Public Hearing on September 12, 2019 with
concerns about the replacement of the retaining wall. The applicant's representative showed the site plans prepared
by Shawn Leonard, Architect, last revised April 8, 2019 along with explaining what would be done. The neighbor
was satisfied and had no further comments. The subject property received prior variance relief in ZBA#7117 dated
February 1, 2018 to add 130 sq. ft. to a master bathroom on the second floor with a bluff setback of 67 feet where
code requires 100 feet.
Page 3, September 26,2019
#7311, Campo-Hermer
SCTM No. 1000-111-9-4.2
The Board of Trustees must grant approval for the retaining wall, decking and stairs.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on September 12,2019 at which time
written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the
property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true
and relevant and makes the following findings:
1. Town Law X267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. This is a beach community and a majority of the properties
in the area have similar designs with retaining walls, beach stairs and decks. It is not unusual to see the same look
throughout the Nassau Point community. Replacement of the as built stairs and decks will
2. Town Law 4267-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 stairs give access to the beach and the decks provide a
place to sit(two beach chairs) and are part of the stairs. The surrounding land is sloped and vegetated. While the
applicant could conceivably replace the 8.3 ft. by 9.5 ft. deck that overhangs the top of the bluff with at grade
pavers that would not require a variance, to so would create greater land disturbance than the replacement of what
is already built.
3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 93%
relief from the code for the retaining walls at +/- 7 feet from the top of bluff, and 100% relief for the proposed
reconstruction of the 9.5 ft. by 8.3 ft. accessory deck and the 9.5 ft. by 9.5 ft. accessory deck. However, all these
structures have existed. The applicant wishes to replace, in kind and in place, the old wood retaining walls and the
wood decks and stairs to make all structures safe and in line with the design of the property. Additionally, most
other homes in this neighborhood have very similar decks, stairs, and landings to access the beach and Little
Peconic Bay.
4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions -in the neighborhood. The
applicant must comply with Chapter 236 of the Town's Storm Water Management Code. This property is very
much in character with the community of Nassau Point. No impact will be caused to the existing bank. The
retaining wall controls the existing natural grade of the rear of the property and the decks keep human activity off
the natural landscape landward of the existing bulkhead.
5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. Although the applicant purchased the
property in 2015 and all the decks and stairs were as built, 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 X267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a new retaining wall, replacing the old wood on the decks and stairs while
preserving and protecting the character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD- In considering all of the above factors and applying the balancing test under
New York Town Law 267-B, motion was offered by Member Acampora, seconded by Member Planamento, and
duly carried,to
I
Page 4, September 26, 2019
#7311, Campo-Hermer
SCTM No 1000-111-9-42
GRANT the variances as applied for and shown on the survey map prepared John T. Metzger, LS and dated
February 6, 2019 and the Site Plan drawn by Shawn Leonard, Architect,revised on April 8, 2019.
1. The applicant must obtain approval from the Southold Board of Trustees. Failure to do so will render this
approval null and void.
2. The non turf buffer shown on the survey cited above shall be installed as proposed unless altered by the
Southold Board of Trustees which shall take precedence.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays
and/or a possible denial by the Building Department of a building permit, and may require a new application and
public hearing before the Zoning Board of Appeals.
Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey
cited above, such as alterations, extensions, or demolitions, are not authorized under this application when
involving nonconformities under the zoning code. This action does not authorize or condone any current or future
use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject
to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to
comply therewith will render this approval null and void.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does
not increase the degree of nonconformity.
Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the
Board of Appeals shall become null and void where a Certificate of Occupancy has not been
procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three
(3) years from the date such variance was granted. The Board of Appeals may, upon written
request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one
(1) year terms.
Vote of the Board: Ayes: Members Weisman (Chairperson),Dantes,Acampora, Planamento and Lehnert. (5-0)
Leslie Kanes Weisman, Chairperson
Approved for filing /,)//2019
36" MIN. FENCE POST
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PATTERN
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CONSTRUCTION NOTES FOR FABRICATED SILT FENCE
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04 ALL WALL SECTIONS 4 TOPS s
K ® SHALL BE SET IN A BED OF i f,) 1. WOVEN WIRE FENCE TO BE FASTENED SECURELY TO FENCE POST
0n MORTAR it WITH WIRE TIES OR STAPLES.
0 ® ® 2. FILTER CLOTH TO BE FASTENED SECURELY TO WOVEN WIRE FENCE
N ® ® ® WITH TIES SPACED EVERY 24'• AT TOP & MID SECTION.
- 3. WHEN TWO SECTIONS OF FILTER CLOTH ADJOIN EACH OTHER THEY
_ - SHALL BE OVERLAPPED BY SIX INCHED AND FOLDED.
- 4. MAINTENANCE SHALL BE PERFORMED AS NEEDED AND MATERIAL
REMOVED WHEN "BULGES" DEVELOP IN THE SILT FENCE.
-GROUND WATER POSTS: STEEL EITHER "T" OR "U"
TYPE OR 2" HARDWOOD
FENCE: WOVEN WIRE. 14 1/2 GA.
6• MAX. MESH OPENING
2'-0" MIN. - EXCAVATION 4 BACKFILL WITH FILTER CLOTH: FILTER X.
ACCEPTABLE LEACHING MATERIAL (SEE NOTE) MIRAFI 100x, STABILINKA c
DRYWELL DETAIL NOT TO SCALE T149N OR APPROVED EQUAL.
PREFABRICATED UNIT: GEOFAB.
ENVIROFENCE OR APPROVED Z Z
NOTE: EQUAL. C
ALL DRAINAGE STRUCTURES SHALL BE PLACED IN ACCEPTABLE A pRpPpS O ➢
LEACHING SOILS AS APPROVED BY THE MUNICIPAL ENGINEER. O {�.� q/IS SELL EER
IN THE EVENT POOR LEACHING MATERIAL IS ENCOUNTERED, -� < I 11/2 DFZY ENGIN l7 I
EXCAVATION IS TO BE CONTINUED TO SUITABLE MATERIAL a �p� �1�� pRppOSED Rp0 �/1LI-f''C'E Ep
BACK FILLED AS DETAILED.
�T 1/2a/IApGA"�IpN p PRpPp�-rp F•
�T/�(1CJI 1�I NEw 5-rA1RA g,F.) 11/2q?1NG O FADED X13 5'
TYPICAL LEACHING POOL DETAIL D lvy �s,R 1R5 5 -r 5 BE gUR
Is u
LTA -rA1R RE-
IN LIEU OF DOI IE A 8" TRAFFIC O GK FROG 1/2B/lq ERE�,,,TEp / 30' ♦NIDE N
BEARING COVER MAY BE SUBSTITUTED" /Q e,f-E UFF -rp gE a'T
NTS j,,` �A �� Tipp OF 8 -' I�� ��5 �N DE P' 0 ' \ J
1 1 .� Z - V n. 5.0'
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+1 tlEXIST. W i1 �l
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PPROpp�N'� / �G�� I IIII
EXISTING LOT COVERAGE �{ / �� „�•�"' a: III-11
�- FINAL MAP III=
AREA UPLAND OF TOP OF BLUFF: 31,078 S.F. __� / / ISO �
REVIEWED BY ZBA
EXISTING HOUSE 4 DECKS, PROPOSED ADDITION, N 5a MIN. SEE DECISION # '"/��1 • ....a ..
DECKS * PERGOLA = 4,815 S.F. --75 t
4,815 S.F. / 31,078 S.F. x 100 = 15% SANTG DATED
O COVERAGE Jp` SAT, 7 EXISTING ° +
PROPOSED L TNGY PAVEMENT `- SECTION AA
Np` s� RETAINING WALL DETAIL
3'
EXISTING 4,815 S.F. N.T.S.
PROPOSED PICKLEBALL CT. = 1,500 S.F.
FILTER
EXISTING CLOTH MOUNTABLE
TOTAL = G,315 S.F. GROUND
6,315 S.F. / 31,078 S.F. x 100 - 20% DRAINAGE CALCULATIONS BERM
PROFILE (OPTIONAL)
SITE PLAN FOR T"E
,A� I"IAIN 1-IOUSE / SQUASH 501 MIN, Z
NOTES:
ROOF = 1,607 S.F. EXISTIfG 0 .HERMER/CAMPO #RESIDENCE
GROUND O
SURVEY INFOR"ATION FRO" SURVEY 11607 S.F. x 0.167 x 1.0 = 268 C.F./42.22 = 6.35 L.F. -
PREPARED BY PECONIC SURVEYORS, P.C. USE: �I)-8'� x 8' DEEP LEACHING POOL /\/\\�i�� Z
LAST DATED SEPTEI"IBER 6, 2018 12' MIN. EXISTING SITUATE
PAVEMENT
O
MAIN HOUSE \//\//i�/i . . . . . . . . . � . . .'.'. .'. .�. . . . .". .'. . . . . .
TORO BASED ON APPROX. r ISL DATUI"I ROOF = 60q S.F. NASSA U POINT
z
EXISTING CONTOUR ------------ 42' ------------ GOq S.F. x O.IG7 x 1 .0 = 102 C.F./42.22 = 2.42 L.F. PLAN VIEW
PROPOSED CONTOUR 42' USE: (I)-8'O x 4' DEEP LEACHING POOL
- TOWIJ OF SOUTI-TOLD - SUFFOLK COUNTY, N .Y.
EXISTING SPOT ELEVATION + I&.o' - SCALE: III INC" = 20' FEET
PROPOSED SPOT ELEVATION 'ro•O' O ROOF / PARKING
ROOF - 1,530 S.F. PREPARED: q/12/18
TAX r1AP PARKING = 2,OBG S.F. '
PRET._1 I"1 I NARY: 10/01/18 'O/O 1/18
- 3,5GG S.F.
DISTRICT 1000 315GG S.F. x 0.167 x 1 .0 = 5qG C.F./42.22 = 21.22 L.F. REVISED : 10/16/18
SECTION III USE: (3)-8'(P x 8' DEEP LEACHING POOL REVISED : II/8/18
BLOCK Oq
LOT 4.2
O PICKLEBALL COURT ISSUED TO G.C. : 11 /27/18
AREA: 40 q33 SQ.FT.
� 30 x50 - 1500 S.F. x 0.167 x 1.0 - 251 C.F./22.84 - 11 .24 L.F. REVISED : I I/2�i/18
(0.g411 AC.) USE: (2)-6'(P x 6' DEEP LEACHING POOL
OI/10/Iq
O DRIVEWAY 02/5/Iq
SHAWN LEONARD A. I. A. GRAPHIC SCALE: 1"-20' 02/7/Iq
DRIVEWAY - 2,C140 S.F.
A T � � T � � � � 2,g40 S.F. x 0.IG7 x 1.0 4ql C.F./42.22 - II.G3 L.F.
04/8/1 q
K 1 USE- ('I)-8'(P x 12' DEEP LEACHING POOL
320 Hampton Road, Southampton N.Y. 11968 20 0 20 40 60
(631) 287-5557 Fax (631) 287-5558
2019/04/10 14:35:35
d
'----SURVEY OF PROOERT Y
�3 NASSA U POIN' T
RECEIVED TOWN OF SO
UTI-IOLD
SUFFOLK COUNTr NY
ZONING BOARD OF APPEALS 1000-111-09-4.2
SCALE: 1'-30'
MAY 13, 2015
AUGUST 14, 2018 (PART. OPO)
SEPTEMBER 6, 2018 (TOB) _
*r ROAD NOVEMBER 12, 2018 (REV/S�ONS) i,C,ak
N•r1ADE1� FEBRUARY 6, 2019 (LOT COt�RAGE) ,N„NK E Rp N0UJ�ED IN OWFF
®�D ME n o � F a
N/ _ x
HER i � � � .04JEAN M M MAHER , 100' SETBACK FROM
—
MICHAEL `TOP OF BLUFF STAKE I
STAKE 405.00 SET o Z,4'N 1 H
'
SET TW 47.8
A,NING WAIL 44.5 µ110D g ilk G WALL p
+1 SETAE 48.9 µ10£ M$rE STEP 1AIMN W Z 1
N / / ,UW 4,3.3 .2 = p
STAKE /' Nip ¢ 1 V
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It
, /gTAKE 100• SETBACK FROM
O F' ' �� �Nc' / /' 48.6 i / �_'o PANS SEF TOP OF BLUFF
�/\ M /"i�$ �0% ,/' BW 44.8 /SINCE / NNINS65'
v� � �� �� SINCE � ,50a,ar SET
�i _� I •� �/; ,,o SET 578'36 1T
CMF
SET kEY
N/O/F ®r-New,,
SAN11AGO 0 = REBAR UPLAND LOT COVERAGE •� E 0
JAIME( SAN1AGO ®� = WELL UPLAND AREA 31.078 sq.ft. ���
NANO = STAKE HOUSE 1427 sq.ft £�
ELEVATIONS REFERENCED TO NAW88 ®i = TEST HOLE DECK 852 sq.ft '
II
ASEC77ON 7209OF THE NEW YORK EDUCA77ON LAW EXCEPT
NY ALTERATION OR ADD177ON TO THIS SURVEY IS A VIOLA77ON OF = PIPE 2279/31078 = 7.3.7r T'' LIC. NO. 49618
PER SEC77ON 7209—SU D WSION 2.TATE ALL CER7jnCA710NS HEREON AS �R�� Q�� � S�+l® �o R RS, P.C.
ARE VAUD FOR 7711S MAP AND COPIES THEREOF ONLY/F SAID MAP ■ = MONUMENT FAX (631) 765-1797
OR COPIES BEAR THE IMPRESSED SEAL OF 7HE SURVEYORWl IOSE O I = U77UTY POLE P �
SIGNATURE APPEARS HEREON. = FLAGPOLE SOUTHOLD�N R STREET 1
.Y5-135 11971
SOF S0
CE LOCATION: ® MAILING ADDRESS:
J Town Hall Annex '`O l® P.O. Box 1179
1-tvfA'l 54375 State Route 25 Southold, NY 11971
Dor. Main Rd. &Youngs Ave.) era
Southold, NY 11971 �Q Telephone: 631 765-1938
®lyC4UNTY,�� ,
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD RECD,
MEMORANDUM AUG 2 7 26019
To: Leslie Weisman, Chair
zoning Board Of Appeals
Members of the Zoning Board of Appeals
From: Mark Terry,AICP
Assistant Town Planning Director
LWRP Coordinator
Date August 27,2019
Re: Coastal Consistency Review for ZBA File Ref. SILVIA CAMPO AND DAVID HERMER#7311
S CTM#1000-111-9-4.2.
SILVIA CAMPO AND DAVID HERMER#7311 -Request for Variances from Article XXII, Section 280-
1,16A(1)and Building Inspector's February 20, 2019 Notice of Disapproval based on an application to demolish
and reconstruct the existing retaining wall and two accessory decks; at, 1)retaining wall is located less than the
code required 100 feet from the top of the bluff; 2)deck is located less than the code required 100 feet from the
top of the bluff; 3)deck is located seaward of the top of bluff,not permitted; located, at 3675 Nassau Point Road,
(Adj.to Little Peconic Bay)Cutchogue,NY. SCTM No. 1000-111-9-4.2.
The Board of Trustees issued a Wetland Permit 9406 for the action on March 20,2019. Through the issuance of
the permit the Board of Trustees made a determination that the retaining wall and 913 sq. ft deck are consistent.
The 78.85 sq. ft. deck located seaward of the top of bluff was not included in the permit.
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold
Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the
information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the
records available to me, it is my recommendation that the retaining wall and 913 sq.ft. deck is CONSISTENT
with the LWRP.
The 75.85 sq. ft. deck located seaward of the top of bluff is recommended as INCONSISTENT with the below
listed policy standard of the LWRP.
6.3 Protect and restore tidal and freshwater wetlands.
A Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws,and
regulations for all Andros Patent and other lands under their jurisdiction
1. Comply with Trustee regulations and recommendations as set forth in Trustee permit
conditions
The 78.85 sq. ft. deck located seaward of the top of bluff is not permissible and does not comply
with statutory requirements pursuant to § 275-11. Construction and operation standards:
A. General. The following standards are required for all operations within the jurisdiction of the
Trustees.-
(6)
rustees:(6)Platforms.
[Amended 10-11-2005 by L.L. No. 17-2005; 10-9-2012 by L.I,. No. 12-20127
fb Platforms may not exceed 200 square feet and must be landward of the top of
bluff.
Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action
Cc: William Duffy, Town Attorney
tz 1111`1�01 _Al_
S
BOARD OF SOUTHOLD TOWN TRUSTEES @
fir SOUTHO LD,NEW YORK
PERMIT NO.9406 DATE: MARCH 20,2019
ISSUED TO: DAVID HERMER&SILVIA CAMPO
PROPERTY ADDRESS: 3675 NASSAU POINT ROAD,CUTCHOGUE
TM#1000-111-9-4.2
AUTHORIZATION
Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in
accordance with the Resolution of the Board of Trustees adopted at the meeting held on March 20,2019,and in
consideration of application fee in the sum of$250.00 paid by David Hermer& Silvia Campo and subject to
the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and
permits the following:
hs Wetland Permit for the existing 3,519sq.ft.dwelling that includes an as-built 1,400sq.ft.landward addition;existing
913 sq.ft.wood deck along the sides and seaward side of dwelling with 78sq.ft.of stairs to ground;existing second
story addition over existing first floor;existing 5.6' diameter fire pit seaward of dwelling; existing 27.1'and 31'
landscaping retaining walls;existing A/C units,generator and concrete slabs;propose to resurface existing 913sq.ft. J.
decking;lower existing 8'x8' hot tub into ground 18"in-place to make even with deck;relocate existing 54sq.ft.
wood steps from deck to ground on northeast side of dwelling landward of existing location,new steps being 4'x14'
and facing front yard; proposed 8'x16' pergola on top of existing deck on seaward side;install drywel)s to contain
roof runoff for parking area and pickle ball court,and in accordance to Chapter 236 of the Town Code-Stormwater
Management;on south side of dwelling existing 10'x10' covered entrance and existing landscape retaining walls
running landward consisting of 15'x78'x15'xl0 linear feet,then running south 75'to covered entrance,and retaining
walls connecting to additional landscape retaining walls beyond 100'from bluff; on landward side of dwelling,
fa existing gravel parking area and 30 linear feet of retaining walls connecting to additional 100'linear of feet retaining
walls; existing sanitary system to remain,retaining walls,relocated driveway,walkways,landscaping,regrading ti
+600 cubic yards clean fill,and 1,500sq.ft.pickle ball court all landward of 100' from top of bluff;install buried
propane tank and relocate generator and generator slab from north side of dwelling to landward of addition;for the
existing 100.48 linear foot long wooden bulkhead;replace existing low-landscape lighting fixtures and additional low
landscape lighting fixtures to trees,flag pole and top of bluff,and to install and-perpetually—rda-ifft-niff 71V�._NviU-non-
turf-buffer-along-the-landward-edge-of-the,top-i?f-bltiff;—wffg-f]9e condition that-all-lighting1f99-tto Neldiirk S__ y
—com pliffiit;-and-as-depicte'd-on-thiLsite-plan-preparA-by Shawn Leonard,AIA,dated February 15,2019,and
stamped approved on March 20,2019.
IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, os
and these presents to be subscribed by a majority of the said Board as of the 20'h day of March,2019.
k
_0$10 FOZ
may,
A
Michael J.Domino,President ��OF svujyo Town Hall Annex
John M.Bredemeyer III,Vice-President l0 54375 Route 25
Glenn GoldsmithP.O.Box 1179
Southold,New York 11971
A.Nicholas Krupski N Telephone(631)765-1892
Greg WilliamsO y Fax(631)765-6641 i
�y00UNT`1,�� I
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
March 20, 2019
Patricia C. Moore, Esq.
51020 Main Road
Southold, NY 11971
RE: DAVID HERMER &SILVIA CAMPO
3676 NASSAU POINT ROAD, CUTCHOGUE
SCTM#1000-111-9-4.2
Dear Mrs. Moore:
The Board of Town Trustees took the following action during its regular meeting held on
Wednesday, March 20, 2019 regarding the above matter:
WHEREAS, Patricia C. Moore, Esq., on behalf of DAVID HERMER& SILVIA CAMPO applied
to the Southold Town Trustees for a permit under the,provisions of Chapter 275 of the Southold
Town Code, the Wetland Ordinance of the Town of Southold, application dated October 1,
2018, and,
- ----- --- - - ---- -- - ---- -
WHEREAS, said application was referred to the Southold Town Conservation Advisory Council
and to the Local Waterfront Revitalization Program Coordinator for their findings and
recommendations, and,
WHEREAS, the LWRP Coordinator recommended that the proposed application be found
Inconsistent with the LWRP, and,
WHEREAS, the Board of Trustees has furthered Policy 6.3 of the Local Waterfront
Revitalization Program to the greatest extent possible through the imposition of the following
Best Management Practice requirements: the distance from the structure to the top of the bluff
was established; and
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application
March 20, 2019, at which time all interested persons were given an opportunity to be heard,
and,
WHEREAS, the Board members have personally viewed and are familiar with the premises in
question and the surrounding area, and,
WHEREAS, the Board has considered all the testimony and documentation submitted
concerning this application, and,
2
WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold
Town Code,
WHEREAS, the Board has determined that the project as proposed will not affect the health,
safety and general welfare of the people of the town,
NOW THEREFORE BE IT,
RESOLVED, that for the mitigating factors and based upon the Best Management Practice
requirement imposed above, the Board of Trustees deems the action to be Consistent with the
Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code,
and, - - -
RESOLVED, that-the Board of Trustees APPROVE the application,of DAVID HERMER&
SILVIA CAMPO for the existing 3,519sq.ft. dwelling that includes an as-built 1,400sq.ft.
landward addition; existing 913 sq.ft.wood deck along the sides and seaward side of dwelling
with 78sq.ft. of stairs to ground; existing second-story addition over existing first floor; existing
5.6' diameter fire pit seaward of dwelling; existing 27.1' and 31' landscaping retaining walls;
existing A/C units, generator and concrete slabs; propose to resurface existing 913sq.ft.
decking; lower existing 8'x8' hot tub into ground 18" in-place to make even with deck; relocate
existing 54sq.ft. wood steps from deck to ground on northeast side of dwelling landward of
existing location, new steps being 4'x14' and facing front yard; proposed 8'x16' pergola on top
of existing deck on seaward side; install drywells-to contain roof runoff for parking area and
pickle ball court, and in accordance to Chapter 236 of the Town Code-Stormwater Management;
on south side of dwelling existing 10'x10' covered entrance and existing landscape retaining
walls running landward consisting of 15'x78'x15'x10 linear feet, then running south 75'to
covered entrance, and retaining walls connecting to additional landscape retaining walls beyond
100'from bluff; on landward side of dwelling, existing gravel parking area and 30 linear feet of
retaining walls connecting to additional 100' linear of feet retaining walls; existing sanitary
system to remain, retaining walls, relocated driveway, walkways, landscaping, regrading ±600
cubic yards clean fill, and 1,500sq.ft. pickle ball court all landward of 100'from top of bluff; install
buried propane tank and relocate generator and generator slab from north side of dwelling to
landward of addition; for the existing 100.48 linear foot long wooden bulkhead; replace existing -
low-landscape lighting fixtures and additional low landscape lighting fixtures to trees, flag pole
and top of bluff; and to install and perpetually maintain a 10'wide non-turf buffer along the
landward edge of the top of bluff; with the condition that all lighting has to be dark sky compliant;
and as depicted on the site plan prepared by Shawn Leonard, AIA, dated February 15, 2019,
and stamped approved on March 20, 2019.
Permit to construct and complete project will expire two years from the date the permit is signed.
Fees must be paid, if applicable, and permit issued within six months of the date of this
notification.
Inspections are required at a fee of$50.00 per inspection: (See attached schedule.)
Fees: $50.00
Very truly yours,
Michael J. Domino
President, Board of Trustees
MJD/dd
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LANDSCAPE LIGHTING C/A O _
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(3D) UPLIGHTS W OO-I� aE R Toa 4 „N t➢
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BLUFF LIGHTS O D
I �Jd OO N \ / / ^co"RpNce N6 P�,PGP / LU�T LYP> 1
(1) FLAGPOLE LIGHT l' O �Q / IRI
(15) WALL LIGHTS O J� E �e'14 5 U
,
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FASTIGLIA uDRNBEAn !� D gTE�Typ)TING OJTaLEY J FENL v
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O O
< LgNT1NG5 O L^ wnLL _ m
P
3 I O O O I tea/
TO, SETOOF0 qNK FROn
cOPPEf: BEA..
EXISTING LOT COVERAGE `1, m _ >° APPROVED BY
AREA UPLAND OF TOP OF BLUFF. 31,078 5 F rl Z I !/ IISO,1w BOARD OFIRUSTEES
EXISTING HOUSE 4 DECKS, PROPOSED ADDITION, �7 N/O/F TOWN OF SOUTHOLD
DECKS 4 PERGOLA - 4,815 5 F
4,815 S F / 31,078 S F x 100 - 16% ,A1 � 9ANN�AA o DATE MARctF 201 zo/q
PROPOSED LOT COVERAGE NANCY 5A I ,e
EXISTING - 4,815 5 F, L- -
PROP05ED PICKLEBALL CT - 1,500 5 F
TOTAL - 6,315 5 F h DRAINAGE CALCULATIONS
6,315 S F / 31,078 5 F x IDO - 20X
NOTES ORAIN HOUSE SQUASH LANDSCAPE 4 LIGHTING PLAN FOR -r"E q / ;
SURVEY INFORMATION FRO' SURVEY ROOF = 1,607 5 F HEIZMER/CAMPO RESIDENCE
PREPARED SY PECONIC SURVEYORS, P C 1,607 S.F. x O 167 x 1 O - 260 C F-/42 22 - 6 35 L F. '1
LAST DATED SEPTEMBER 6, 2018 USE, (1)-5'0 x 8' DEEP LEACHING POOL
SITUATE
TOPO BASED ON APPROX M5L DATUM O RAIN HOUSE
NASSAU POINT
EXISTING CONTOUR ----------A2'------------ ROOF - 609 5 F
PROPOSED CONTOUR 42' 60q S F x 0 167 x 1 0 - 102 C F/42.22 - 2 42 L F
EXISTING SPOT ELEVATION 1160 USE. (I)-8'm x 4' DEEP LEACHING POOL
-FOPqlq OF BOUT OLD - SUFFOLK COUNTY, N.Y
PROPOSED SPOT ELEVATION O - SCALE= I" INCH = 20' FEET
ROOF
C ROOF / PARKING I
i PREPARED q/12/18
PARKING 1,530 SF
TAX MAP - 2,036 S F PRELIMINARY 10/01/18
3,566 5 F
REVISED. 10/16/18
DISTRICT 1000 3,566 5 F, x O 167 x I O - 596 C F/42 22 - 21 22 L.F
SECTION 111 USE. )
(3 -WO x 8' DEEP LEACHING POOL
BLOCK 09 I REVISED. II/8/I5
Lor 42 /1 ISSUED TO C 11/27/18
f\�)JI PICKLEBALL COURT G.
AREA 40,933 SOFT 30'x50' - 1500 5 F. x O 167 x 1 O = 251 C F./22 34 - 11 24 L F I REVISED
(O 9411 AC) USE, (2)-6'0 x 6' DEEP LEACHING POOL
OI/15/Iq
E HAWN LEONARD, A. I. A. DRIVEWAY
DRIVEWAY - 2,940 5 F GRAPHIC SCALE. 1"-20' 02/IS/19 rMF
,1
A T 2,940 S F x 0 167 x 10 - 491 C F/42 22 - II 63 L,F
1 - _ IIbR 1 �Ol�
USE.(I)-B'b x 12' DEEP LEACHING POOL
320 Hampton Road, Southampton NY 11968 I 20 D 20 40 60
(631)287-5557 Fax(631)287-5558 ------ --
20!2/021231014332
.i
o. r k,,�v el
c;OUNTY OF SUFFOLK RECEIVED
MAY 2 1 201
ZONING BOARD,DF APPEALS✓ ( 1Gl
cam' Steven Bellone
SUFFOLK COUNTY EXECUTIVE '
Theresa Ward _" Department of
Deputy County Executive and Commissioner Economic Development and Planning
May 15, 2019
Town of Southold
Zoning Board of Appeals
53095 Main Road
P.O. Box 1179
Southold,NY 11971-0959
Attn: Leslie Weisman
Dear Ms. Weisman:
i
Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative
Code, the following application submitted to the Suffolk County Planning Commission is to be a
matter for local determination as there appears to be no significant county-wide or inter-community-
impacts.
nter-communityimpacts. A decision of local determination should not be construed as either an approval or
disapproval.
i
Applicant Municipal File Number
Hermer(David) & Campo (Silva) #7311'
Lazzaro, Joseph #7312'
McLeod (Kevin) & Cheung (Chun) #7313 j
Very truly yours,
Sarah Lansdale
Director of Planning
Theodore R. Klein, Principal Planner
Division of Planning &Environment
TRK/cd
H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI In P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 0 (631)853-5191
FORM NO. 3
TOWN OF SOUTHOLD RECEIVED
BUILDING DEPARTMENT
SOUTHOLD, N.Y. APR I I ZQly
NOTICE OF DISAPPROVAL ZONING BOARD OF APPEALS
DATE: February 20, 2019
TO: Patricia Moore (Hermer)
51020 Main Road
Southold, NY 11971
Please take notice that your application dated February 12, 2019:
For permit to demolish and reconstruct the existing retaining walls and two accessory
decks at:
Location of property: 3.675 Nassau Point Road, Cutcho ug_ e,NY
County Tax Map No. 1000— Section 111 Block 9 Lot 4_2
Is returned herewith and disapproved on the following grounds:
The proposed construction, on this conforming 40,933 sq. ft.parcel in the Residential R-
40, is not permitted pursuant to Article XXII Section 280-116A(1), which states; "All
buildings or structures located on lots upon which there exists a bluff landward of the
shore or beach shall be set back not fewer than 100 feet from the top of such bluff."
The site plan shows the retaining walls at±7 feet from top of bluff. k
a
In addition, the proposed reconstruction of the 9.5'x8.3' accessory deck has 0' setback
from to of bluffand the 9.5'x9.5' deck is located seaward of the to of bluff
Authorize Signature
Note to Applicant: Any change or deviation to the above referenced application may
require further review by the Southold Town Building Department.
CC: file, Z.B.A
i
s
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS d�)
PECEIVED
ee:$ Filed By: Date Assigned/Assignment No.
FfficeNotes: APR I 12019
S ,
House No. 3675 Street Nassau Point Road Hamlet Cutcho ug e�
SCTM 1000 Section_l l l_Block 9_Lot(s)_4.2_Lot Size 40,933 Zone_R-40
I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED
_February 20,2019 BASED ON MAP DATED prepared 9/12/18 and last dated 1/15/19
Applicant(s)/Owner(s): Silvia Campo&David Hermer
Mailing Address: 9 College Place,Brooklyn NY 11201
Telephone:-917-470-5146— Fax#: _c/o 631-765-4643_Email:_pcmoore@mooreattys.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: Patricia C.Moore Esq. for(X )Owner,or ( )Other:-
Agent's Address: 51020 Main Road,Southold NY 11971
Telephone_631-765-4330 Fax#: 631-765-4643 Email: pcmoore(&mooreattys.com
Please check box to specify who you wish correspondence to be mailed to,from the above names:
❑Applicant/Owner(s),or E Authorized Representative, or ❑Other Name/Address
below:
WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED (last dated)
1/15/19 and DENIED AN APPLICATION DATED 2/20/19 FOR:
E Building Permit
❑Certificate of Occupancy ❑Pre-Certificate of Occupancy
❑Change of Use
❑Permit for As-Built Construction
Other:
Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning
Ordinance by numbers. Do not quote the code.)
Article XXII Section 280-116 A(1)_Subsection_
existing retaining walls running perpendicular to top of bluff to be replaced with stone wall
existing accessory decks(9.5'x 8.3')and(9.5'x 9.5')attached to beach stairs to be reconstructed
Type of Appeal. An Appeal is made for:
E 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 E has,has not been made at any time with respect to this property, DER Appeal
� a �
No 11�Years/tI . (Please be sure to research before completing this question or call our office for
assistance.) 413
Name of Owner: Campos/Herman ZBA File# RECEIVED
2019
REASONS FOR APPEAL(additional sheets maybe used with preparer's signature): TPR I ,
AREA VARIANCE REASONS. ZONING BOARD OF APPEALS
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties if granted,because:
The retaining walls were constructed in the 1980's when the house was newly constructed.
Enclosed is a survey showing the location of the existing retaining walls. The grade of the
property slopes from west to east. The walls are needed, the applicant merely wishes to change
the material of the walls from CCA 6" x 6" treated railroad ties to engendered interlocking
wall/concrete,matching the other landscape improvements of the property. The final design may
shorten the wall by 1 to 2 feet,blending into existing grade
The decks were constructed at the property some-time after 1986. The prior owners did not need
Trustee permits for beach stairs or the decks built as part of the beach stairs. The applicants
purchased the property in 2015 and the beach stairs and retaining walls were existing. A 10'
non-turf buffer is proposed which will either be gravel/landscape fabric or native plant material.
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the
applicant to pursue, other than an area variance, because: The beach stairs provide access to the
beach. The decks provide a very small sitting area for two beach chairs. The surrounding land
is sloped and vegetated.
(3) The amount of relief requested is not substantial because: These are all existing structures.
The retaining walls are landscape features to maintain the existing grade of the property. The
decks are part of the beach stairs and is commonly found along Nassau Point properties. Then
the Town Board adopted the setbacks from the "top of the bluff/bank" minor accessory
structures associated with beach stairs or landscape retaining walls were not the focus of the
regulations. These structures do not impact the stability of the bank. These structures have been
in place for almost 30 years and the existing bank is vegeatated and stable.
(4) The variance will NOT have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district because: No impact is caused to the existing bank. The
retaining wall controls the existing natural grade of the rear of the property and the decks keep
human activity off of the natural landscape landward of the existing bulkhead.
(5) Has the alleged difficulty been self-created? ( )Yes, or ( X)No. These are existing
structures which have been in place since the 1980's.
Are there Covenants and Restrictions concerning this land: E No. 0 Yes(Please furnish cony).
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.
Check this box( ) IFA USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE
ATTACHED USE VARIANCE SHEET. (Please be sure moult your ttorney.)
ure of Appellant or Authorized Agent
(Agent must submit written Authorization from Owner)
Sworn togefore me th'
Id of q
7� it
otary is RECEIVED
APR I 12,019
ZONING BOARD OF APPEALS
BETSY A. PIERKINS
Notary Public, State of New York
No. 01 PE61 JkQ,
Qualified in Suffolk Cou
Commission Expires July 18,
i
1 -
APPLICANT'S PROJECT DESCRIPTION
APPLICANT: ��/rcz �r,,� DATE PREPARED: LI-L/-/�j
1.For Demolition of Existing Building Areas ��I
Please describe areas being removed: 94} REOEIVERECEIVEDs
I P( s s °n -a x 2019
II.New Construction Areas(New Dwelling or New Additions/Extensions): jvoZONING BOARD OF APPEALS
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:
III.Proposed Construction Description (Alterations or Structural Changes)
(Attach extra sheet if necessary).Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations: � Lv".,.w- r�b 56ur,o-K (au)
tsi as ►—ed'QA
Number of Floors and Changes WITH Alterations:
17
IV. Calculations of building areas and lot coverage(from surveyor):
Existing square footage of buildings on your property: Sr 9 3 .5�. l40 Us" �c�rdCS�n(���r,, s� f yof
Proposed increase of building coverage: i c(� 6..-U at- +tib
Square footage of your lot: '�p- -
Percentage of coverage of your lot b bui ding area: (1P- y Y,
V.Purpose of New Construction: �,rn�rcxt�e,Rs vx�sic ��VLcc1�s
e ff s Ayn-cam Y1eQ c, o iazns
VI.Please describe the land contours(flat,slope %,heavily wooded,marsh area,etc.) on your land
and how it relates to the difficulty in meetingthe code requirement(s):
C�nQs Gic�\Coc�n� tz> FJci� �! n(>n 'V fir('
O -S-Q Fa-r -fi/'v 51� a_At IC,,Md
i•y V1 c�tv rte. �G e��zo-•�
Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners
for new construction,and photos of building area to be altered with yard view.
4/2012
1
QUESTIONNAIRE
FOR FILING WITH YOUR ZBA APPLICATION
-7,3)l
A. Is the subject premises listed on the real estate market for sale? RECEIVER,
Yes No APR 1 � ?rjIg
B. Are there any proposals to change or alter land contours?
�_No Yes please explain on attached sheet. ZONING BOARD OF APPEALS
C. 1.)Are there areas that contain sand or wetland grasses? )[z5
2.)Are those areas shown on the survey submitted with this application?
3.) Is the property bulk headed between the wetlands area and the upland building
area? �!
4.) Ifyour property contains wetlands or pond areas, have you contacted the Office of the Town
trustees for its determination of jurisdiction? Please confirm status of your inquiry or
application with the Trustees: Pex'rzk (;.t kl-YLOA and if issued, please attach
copies of permit with conditions and approved sure y.
D. Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea level? �?7e_ V— S` �� skz5c r
E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown
on the survey that you are submitting? N lo 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? je-S If yes, please submit a copy of your building permit and survey as approved
by the Building Department and please
describe: i�>LXAA4_ Mo Pe,✓v�zG-e L$e�
G. Please attach all pre-certificates of occupancy and certificates of occupancy for the
subject premises. If any are lacking,please apply to the Building Department to either obtain
them or to obtain an Amended Notice of Disapproval.
H. Do you or any co-owner also own other land adjoining or close to this parcel? lJo If
yes,please label the proximity of your lands on your survey.
I. Please list present use or operations conducted at this parcel (-'-yy 7A )�Oy
W/ &OdA 5�q t�_- and the proposed use '_ � C,
(ex: existing single family,proposed: same
with garage, pool or other)
A orized signature and Date
AGRICULTURAL DATA STATEMENT RECEIVED
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD APR 1 1 2019
WHEN TO USE THIS FORM: This form must be completed by the applic t4f(gr;a71-)A Oi�hAMALS
permit, site plan approval,use variance, area variance or subdivision approval on property within
an agricultural district OR within 500 feet of a farm operation located in an agricultural district.
All applications requiring an agricultural data statement must be referred to the Suffolk County
Department of Planning in accordance with Section 239m and 239n of the General Municipal
Law.
1. Name of Applicant: ' e 1 t:t G `I'l OO e.c=
2. Address of Applicant:451 p v Vtalsi P-d
3. Name of Land Owner(if other than Applicant): /'t ii 1A 6I4m Pa
4. Address of Land Owner: R C o k\e y& (4- 261 'Jz2c ck L,4, 1 IJP it 2 0
5. Description of Proposed Project: LJ Qrnolk th J re ccA sArt c 1!,W Ain a
CQ-4"nIA' WA,IjS 4 2 6LCC�esaon4 d4 c fw
6. Location of Property: (road and Tax map
number) a U-I � NNSSAu ('r ied C(�l-`�c ho su.e.i NL( 1000- t(I— 4- 1J. z-
7.
7. Is the parcel within 500 feet of a farm operation? { } Yes *No
8. Is this parcel actively farmed? { } Yes {l} No
9. Name and addresses of any owner(s) of land within the agricultural district containing
active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning
Board Staff, it is your responsibility to obtain the current names and mailing addresses from the
Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead.
NAME and ADDRESS
1.
2.
3.
4.
5.
6.
(Please use the back of page if there are additional property owners)
Signature p icant 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.
s
61 Z20 RECEIVED
Appendix B
Short Environmental Assessment Form APR �jg
Instructions for Completing BONING BOARD OF APPEALS
Part I -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 I 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 I -Project and Sponsor Information
Name of Action or Project:
Project Location(describe,and attach'a location map):
36 7.s Nei55ci"
Brief Description of Proposed'Action:
n
V-"
Name of Applicant or Sponsor Telephone: —_
E-Mail:
Address:
ce
City/PO: State: Zip Code:
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: ❑
3.a.Total acreage of the site of the proposed action? acres
b.Total acreage to be physically disturbed? , f acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? _acres
4. Check all land uses that occur on,adjoining and near.the proposed action.
❑Urban El Rural(non-agriculture) [:]Industrial ❑Commercial esidential(suburban)
❑l:orest ❑Agriculture ❑Aquatic ❑Other(specify):
❑Parkland
Page 1 of 4
F
RECEIVED
5. Is the proposed action, NO YE N/A
a.A permitted use under the zoning regulations? APR R 1 ?019 ❑ M ❑
b.Consistent with the adopted comprehensive plan? ZO T [' ROARD QF APP Al CZ ❑ ❑ ❑
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: ❑ F1
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? N0 ❑ ❑
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: ❑
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water: ❑ ET
11.Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment: ❑
12. a.Does the site contain a structure that is listed.on either the State or National Register of Historic NO YES
Places? 21
❑
b.Is the proposed action located in an archeological sensitive area? A El
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? ❑
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
14. Ide ify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
Shoreline El 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? n( ❑
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, Ir Ela.Will storm water discharges flow to adjacent properties? i[�NO DYES L�
b.Will storm water discharges be directed to established conveyance systems(�r—u-n�o�ff d storm drains)?
If Yes,briefly describe: [ O DYES
Page 2 of 4
-l1
® 7311
RECEIVED
18.Does the proposed action include construction or other activities that result in the impodrl'2iment 6fNO YES
water or other liquids(e.g.retention pond,waste lagoon,dam)?
If Yes,explain purpose and size: ZDPITn"�ODGOF,;ppE UIS/I ❑
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: ❑
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: ❑
I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/spons e: Date: _9-t4
Signature
Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the.following
questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or
otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my
responses been reasonable considering the scale and context of the proposed action?"
No,or Moderate
small to large
impact impact
may may
occur occur
I. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ ❑
regulations?
2. Will the proposed action result in a change in the use or intensity of use of land? ❑
3. Will the proposed action impair the character or quality of the existing community? ❑ ❑
4. Will the proposed action have an impact on the environmental characteristics that caused the El 1:1establishment of a Critical Environmental Area(CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or El 1:1affect existing infrastructure for mass transit,biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate E] ❑
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing:
a.public/private water supplies?
b.public/private wastewater treatment utilities?
8. Will the proposed action impair the character or quality of important historic,archaeological, ❑ El
or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ Elwaterbodies,groundwater,air quality,flora and fauna)?
Page 3 of 4
�td
RECEIVED No,or Moderate
small to large
APR I impact impact
may may
�ON)Nis 130A C A occur occur
10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage ❑ 1:1problems?
11. Will the proposed action create a hazard to environmental resources or human health? El
Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every
question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular
element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3.
Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by
the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact
may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring,
duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and
cumulative impacts.
Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
Town of Southold-Board of Trustees
Name of Lead Agency Date
President
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer)
PRINT Page 4 of 4
1
RECEIVED
APPLICANT APR 2019
TRANSACTIONAL DISCLOSURE FORM
(FOR SUBMISSION BY OWNER and OWNER'S AGENT) 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: HERMER,DAVID&CAMPO,SILVIA AND MOORE,PATRICIA C.
(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 or company name)
NATURE OF APPLICATION.(Check all that apply)
Tax Grievance
Variance
Special Exception
If"Other",
name the activity
Change of Zone
Approval of Plat
Exemption from Plat
or Official Map
Other Trustees
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 of 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 N0_X
Complete the balance of this form and date and sign below where indicated.
Name of person employed by the Town of Southold.
Title or position of that person.
Describe that relationship between yourself(the applicant) and the Town officer or employee Either checl: the
appropriate line A througli D(below)and/or describe the relationship 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 than 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 day of�� ��
Signature�
DAVID HERMER
SILVIA CAMP
atricia C.Moore
t
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM DECEIVED
A. INSTRUCTIONS ,APP 1 1 2019
1. All applicants for permits* including Town of Southold agencies,shArfq%p teA FCAFPf9q_S
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#111-9-4.2
AGENT: Patricia C. Moore
The Application has been submitted to (check appropriate response):
Town Board ❑ Planning Dept. ❑ Building Dept. ❑
Board of Trustees X Zoning Board of Appeals X
1 Category of Town of Southold agency action(check appropriate response):
(a) Action undertaken directly by Town agency(e.g. capital construction, planning
activity, agency regulation, land transaction) ❑
(b) Financial assistance (e.g. grant, loan, subsidy) ❑
(c) Permit, approval, license, certification: ❑ Type:
Town of Southold LWRP
Consistency Assessment Form 1
Nature and extent of action: hECEIVED
Location of action 3675 Nassau Point Road, Cutchogue NY 11935 APR 71 1 2019
Site acreage: 40,sq.ft. ZONING BOARD OF APPEALS
Present land use: house and additions - existing landscape retaining walls to be
replaced and existing decks of beach stairs to be reconstructed (in kind & in place)
Present zoning classification: 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: Silvia Campo & David Hermer
(b) Mailing address: 9 College Place,Brooklyn NY 11201
(c) Telephone number: (!t17 ) 470-5146
(d) Application number, if any:
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.
Yes X No ❑ Not Applicable ❑
Discussion (if appropriate): The retaining walls were constructed in the 1980's when the house
was newly constructed. Enclosed is a survey showing the location of the existing retaining walls.
The grade of the property slopes from west to east. The walls are needed,the applicant merely
wishes to change the material of the walls from CCA 6" x 6" treated railroad ties to engendered
interlocking wall/concrete,matching the other landscape improvements of the property. The
final design may shorten the wall by 1 to 2 feet,blending into existing grade
The decks were constructed at the property some-time after 1986. The prior owners did not
need Trustee permits for beach stairs or the decks built as part of the beach stairs. The
applicants purchased the property in 2015 and the beach stairs and retaining walls were
existing. A 10' non-turf buffer is proposed which will either be gravel/landscape fabric or
native plant material.
Town of Southold LVW
Consistency Assessment Form 2
Policy 2. Protect and preserve historic and archaeological resources of the
Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaPIlzggWcriteria
Yes ❑ No ❑ Not Applicable X OR 11 N19
Discussion (if appropriate): Developed property N/A
ZnN7NG BOARD OF APPEALS
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of
Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria
Yes ❑ No ❑ Not Applicable X
Discussion (if appropriate): existing house does not change visual quality or scenic
resources
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 X No ❑ Not Applicable ❑
Discussion (if appropriate): The proposed landscape retaining walls protect property
and maintain existing slopes landward of top of bank, the decks are tobe
constructed in kind & in place, providing access to the beach and keeping human
activity off of the natural slopes.
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
Yes ❑ No ❑ Not Applicable X
Discussion (if appropriate): _
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems
including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III-
Policies; Pages 22 through 32 for evaluation criteria.
Yes No ❑ Not Applicable X
Discussion(if appropriate)no impact to underwater land
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III-
Policies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages; 34
through 38 for evaluation criteria.
Yes ❑ No ❑ Not Applicable X
Town of Southold LWRP
Consistency Assessment Form 3
RECEIVED
Discussion (if appropriate):
APRZO
jG9�
Policy 8. Minimize environmental degradation in Tow1P S W WdJfrgpzLs,Llyd waste and
hazardous substances and wastes. See LWRP Section III-Policies; Pages 34 through 38 for
evaluation criteria.
Yes ❑ No ❑ Not Applicable X
Discussion (if appropriate): _
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.
Yes ❑ No ❑ Not Applicable X
Discussion (if appropriate): no impact on public access
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 X
Discussion (if appropriate): _
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 X
Discussion (if appropriate): in kind and in place of existing structures has no affect on
marine resources
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 X
Discussion (if appropriate):
Town of Southold LWRP
Consistency Assessment Form 4
Policy 13. Promote appropriate use and development of energy and mineral resources. See
LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria.
Yes ❑ No ❑ Not Applicable X
��cEtvFD
Discussion (if appropriate):
*copy of Town form created on 2/11/06 ZONING BOARD OF APPEALS
Town of Southold LWRP
Consistency Assessment Form 5
Board of ,Zoning Appeals Application
AUTHORIZATION ����
(where the applicant is not the owner)
RECEIVED
DAVID BERMER and SILVIA CAMPO, as owner of premises 3675 Nassau APR 1 1 2019
Point Road, Cutchogue,NY(sctm: 1000-111-9-4.2-4-16.4)residing at 9 ColQPNING BOARD OF APPEALS
Brooklyn,New York 11201 do hereby authorize our attorney,
Patricia C.Moore,to apply for permit(s)and appear before the Southold,zoning'
Board of Appeals
(owner's signature)
SILVIA CAMPO
Lo (owner's signature)
DAVID BERMER
FORM NO.4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT --°�I�
Office of the Building Inspector
Town Hall RECEIVED
Southold, N.Y. APR A 12019
Certificate Of Occupancy ZONING BOARD OF APPEALS
No.. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . Date . . . . . . . . . . . .721 July '. . . . . . . . . . . . . . . . . . . 19 . . .
THIS CERTIFIES that the building , one family dwelling .
3675 Nassau Point Rd . , ' Cutchogue , New York
Location of Property
House)w. Street .Hamlet
County Tax Map No. 1000 Section1 1 1 . . ,Block . . . .9. .. . . . . . . .Lat . . . . . . . . . . . . . . . .
Subdivision M/.Q.1J a,-,4 4 u1. F Q i n t. C 1 u b, P P t.Ned Map No. 1.5.6 . . . . .Lot No. . . . .1.9. . . . . . . .
conforms substantially to the Application f/or fuilding Permit heretofore filed in this office dated
. .
July. 3,,, , , , , , , , , , , , 19 8�pursuant to which Building Permit No. . . . 14.1,9 7 . . . . . . . , . . . .
dated August 12 , $5 . . , . 19 . . . ,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
The certificate is issued to William J. & Lucille V. Schneider
(owner,C amt Nsx
of the aforesaid building.
Suffolk County Department of Health Approval . . . . . . . . . , , 85-50-.1.0 9
UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . .N756985. . . . .
Plumbers Certification dated July 28, 1986
. . . c ff�. . . . . . . . . . . . .
Building Inspector
Rev.1/81
� 1
4�gUEFOL Town of Southold 4/11/2016
P.O.Box 1179
C3, 3J1
53095 Main Rd
Southold,New York 11971. RECEIVED
APR 1 12019
'7
CERTIFICATE
2099
CERTIFICATE OF OCCUPANCYG BOARD OF APPEALS
No: 38219 Date: 4/11/2016
THIS CERTIFIES that the building RESIDENTIAL ALTERATION
Location of Property: 3675 Nassau Point Rd,Cutchogue
SCTM#: 473889 Sec/Block/Lot: 111.-94.2
Subdivision: Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore filed in this office dated
8/25/2015 pursuant to which Building Permit No. 40112 dated 9/23/2015
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:
INTERIOR ALTERATIONS TO AN EXISTING ONETAMILY DWELLING AS APPLIED FOR
The-certificate is issued to Hermer,David&Campo,Silvia
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL
ELECTRICAL CERTIFICATE NO.
PLUMBERS CERTIFICATION DATED 04-06-2016 David Wermer
At,PrizSigrkture
BOARD MEMBERS ®F S0 Southold Town Hall
Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179
�® l® Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric DantesCapital One Bank
Town Annex/First Floor,
Gerard P.Goehringer �® ® ,��`- 54375 Main Road(at Youngs Avenue)
Nicholas Planamento lq'c®U ���,`' Southold,Iff Cy
http://southoldtownny.gov J✓` APR 112019
ZONING BOARD OF APPEALS ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel.(631)765-1809-Fax(631)765-9064 R,ECEIVnD
-1 ? �q
FINDINGS,DELIBERATIONS AND DETERMINATION E g - 6 2018
MEETING OF FEBRUARY 1,2018
ZBA FILE:#7117 So hold Town Clerk
NAME OF APPLICANT: David Hermer and Sylvia Campo
PROPERTY LOCATION: 3675 Nassau Point Road,Cutchogue,NY 11935 SCTM: 1000-111-9-4.2
SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type 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 September 29,2017 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: This application was referred for review under Chapter 268, Waterfront Consistency
review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. The LWRP Coordinator issued a recommendation dated December 21, 2017. Based upon the
information provided on the LWRP Consistency Assessment Form, as well as the records available, it is
recommended that that the proposed action be EXEMPT from Coastal Consistency Review.
SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT: This application was referred for
evaluation and recommendation to the Suffolk County Soil and Water Conservation District. According to a letter
from the agency, dated December 7,2017, an inspection of the property was conducted on December 6,2017. The
agency found that at the time of the site visit the bluff appeared to be in excellent and stable condition with
vegetative cover and the yard leading to the bluff top is also well vegetated with established turf grass. No
resource concerns involving runoff or erosion were apparent. The District recommends that all heavy machinery,
equipment or supplies be stored and used a minimum of 25 feet setback from the bluff top edge. Moreover, it is
also recommended that the homeowner consider adding gutters, downspouts, and drywells on the south side of the
house,as well as adding drywells to the existing guttering system on the north side of the house.
PROPERTY FACTS/DESCRIPTION. The subject property is a conforming 1.10 acre rectangular parcel located
in the R-40 Zoning District consisting of 40,342 square feet. The residentially developed parcel measures 100.10
feet on the Peconic Bay with a southerly lot line shared with a residential neighbor running west 407 feet to, 100.70
feet on Nassau Point Road and returning on the northerly lot line, also shared with a residence,of 400 feet. The lot
is improved with a two-story home with attached waterside deck and basement garage, as shown on the site plan
prepared by Paul Rice,Registered Architect dated August 24,2017.
t
` I 1
Page 2,February 1,2018 *13 1 l
#7117,Hermer-Campo PECEIVECI
SCTM No. 1000-111-9-4.2
APR G9
BASIS OF APPLICATION: Request for a Variance from Article XXII Section 280'-tPd(6Nul�CreD Building
Inspector's August 7, 2017 Notice of Disapproval based on an application for building permit (0 c6*ffs6V&tALS
additions and alterations to an existing single-family dwelling, at: 1) located less than the code required 100 feet
from the top of the bluff, Iocated at: 3675 Nassau Point Road (Adj. to Little Peconic Bay), Cutchogue, NY.
SCTM#1000-111-9-4.2.
RELIEF REQUESTED: The applicant requests a variance to add 130 square feet to the master bathroom on the
second floor, over the existing kitchen, having a setback of 67 feet at its closest point where the Code requires a
minimum setback of 100 feet from the top of the bluff or bank.
ADDITIONAL INFORMATION: No member of the public or any immediate neighbor of the applicant spoke in
favor of or against this application. Paul Rice, RA represented the applicant during the public hearing at which
time he as was asked to provide aerial photographs of the site and at least one comparable variance granted in the
immediate vicinity. This information was received January 19, 2018. As part of the proposed construction, the
applicant will add a roof terrace accessed from the master bedroom over the remaining flat roof of the existing
house. Furthermore, the applicant offered to add leaders, gutters, downspouts and drywells to both the north and
south side of the residence, as recommended by Suffolk Country Soil and Water Conservation District. The
applicant also offered to relocate an exposed propane tank found during site inspection, below the driveway, sitting
precariously on a precipice along the northern lot line.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on January 18,2018 at which time written
and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property
and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and
relevant and makes the following findings:
1. Town Law 5267-b(3)(b)(A Grant of the variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The Nassau Point Association neighborhood is a well-
established, bay front residential community with houses of various ages, scale, size, most of which have multiple
bathrooms, including master bathrooms. The 130 square feet addition, enlarging the master bathroom where a flat
roof exists, is to be built over an existing first floor kitchen which is closer to the bluff top edge than the addition at
its closest point; this addition will conform to the current setback of the residence originally constructed in 1985.
The parcel is sited in a residential neighborhood and is set approximately 196 feet back from Nassau Point Road at
one of the highest points in Cutchogue, with a neighbor to the north in a lower position and a neighbor to the south
in an elevated position. The improvement will not be noticeable to immediate neighbors or discernable from the
road.
2. Town Law 5267-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. As a result of the original siting and contemporary design
of the residence, the footprint of the house is greater than the second story, resulting in a flat roof over the kitchen
in the area of the master bedroom, a natural location for an addition. While a bathroom addition could be proposed
in a conforming location, this would require a substantially larger addition to the foundation and increase in both
the primary and secondary floor areas in order to achieve the same result.
3. Town Law 5267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 33%relief
from the code. However, no expansion to the existing footprint is proposed and the existing house and deck is
f � 1
Page 3,February 1,2018 '
#7117,Hermer-Campo I I
SCTM No. 1000-111-94.2 RECEIVED
APR I 1 ?019
closer to the bluff top edge than the proposed addition. Moreover,the existing deck and residence is closer to the
top bluff edge than the proposed landward addition. ZONING BOARD OF APPEALS
4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood. The
applicant must comply with Chapter 236 of the Town's Storm Water Management Code and must implement all
the recommendations of the Suffolk County Soil and Water Conservation District,as conditioned herein.
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.
6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of the addition to a second floor master bathroom and other additions and
improvements including a roof terrace while preserving and protecting the character of the neighborhood and the
health,safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under
New York Town Law 267-13, motion was offered by Member Weisman (Chairperson), seconded by Member
Dantes,and duly carried,to
GRANT the variance as applied for, and shown-on the site plan labeled A-01,A-02,A-03,A-04 prepared by Paul
Rice,RA and dated August 24,2018.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The applicant shall implement all the recommendations set forth by Suffolk County Soil and Water
Conservation District in their Ietter dated December 7,2017,as cited above.
2. The existing propane tank must be moved to a conforming location and either buried or placed in a level
location where it is secure and has no possibility of movement in accordance with the National Fire
Preventions Agency regulations.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays
and/or a possible denial by the Building Department of a building permit, and may require a new application and
public hearing before the Zoning Board of Appeals.
Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey
cited above, such as alterations, extensions, or demolitions, are not authorized under this application when
involving nonconformities under the zoning code. This action does not authorize or condone any current or future
use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does
not increase the degree of nonconformity.
Pursuant to Chapter 250-146(B) of the Code of the Town of Southold any variance granted by the
Board of Appeals shall become null and void where a Certificate of Occupancy has not been
1
1
RECEIVED
Page 4,February 1,2018
#7117,Hermer-Campo APP,
�( q
SCTM No. 1000-111-9A.2
ZONING BOARD OF APPEALS
procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three
(3)years from the date such variance was granted. The Board of Appeals may,upon written
request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one
(1)year terms.
Vote of the Board: Ayes:Members Weisman(Chairperson),Planamento,and Dantes(Member Acampora and
Member Goehringer were absent). This Resolution was duly adopted(3-0)
Leslie Kaneg Weisman, Chairperson
Approved for filing D�/ a /2018
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- TOWN OF SOUTHOLD
BUILDING DEPARTMENT 4rI
TOWN CLERK'S OFFICE RECEIVkD
. � SOUTHOLD, NY
APR ' 2019
BUILDING PERMIT ZONING BOARD OF APPEALS
(THIS PERMIT MUST BE KEPT ON THE PREMISES
WITH'ONE SET OF APPROVED PLANS AND SPECIFICATIONS
UNTIL FULL COMPLETION OF THE WORK AUTHORIZED)
Permit#: 42648 Date: 5/4/2018
Permission is hereby granted to:
Hermer, David
9 College PI Apt 4D
Brooklyn, NY 11201
To: make additions and alterations to an existing single family dwelling as applied for per
ZBA.
At premises located at:
3675 Nassau Point Rd., Cutchogue
SCTM #473889 _.._
Sec/Block/Lot# 111.-9-4.2
Pursuant to application dated 4/19/2018 and approved by the Building Inspector.
To expire on 11/3/2019.
Fees:
CO-ADDITION TO DWELLING $50.00
SINGLE FAMILY DWELLING-ADDITION OR ALTERAT $1,679.20
Total: $1,729.20
l ilding Inspector
I
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
o RECEIVED
TOWNTOWN CLERKS OFFICE
SOUTHOLD NY
APR
BUILDING PERMIT 70NIIRG BOARD OF APPEALS
(THIS PERMIT MUST BE KEPT ON THE PREMISES
WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS
UNTIL FULL COMPLETION OF THE WORK AUTHORIZED)
Permit#: 43493 Date: 2/20/2019
Permission is hereby granted to:
Hermer, David
9 College PI Apt 4D
Brooklyn, NY 11201
To: construct accessory pickleball court as applied for.
At premises located at:
3675 Nassau Point Rd
SCTM # 473889
Sec/Block/Lot# 111.-9-4.2
Pursuant to application dated 2/11/2019 and approved by the Building Inspector.
To expire on 8121/2020.
Fees:
ACCESSORY $100.00
CO -RESIDENTIAL $50.00
Total: $150.00
Build ector
M
CN TOWN OF SOUTHOLD PROPERM- RfD CARD Art T Z/6
Q OWNER STREET VILLAGE DIST. SUB. LOT
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%OFFOL4
ELIZABETH A. NEVILLE,MMC �® Town Hall,53095 Main Road
TOWN CLERK a P.O.Box 1179
C* Southold,New York 11971
REGISTRAR OF VITAL STATISTICS
CIO
Fax(631)765-6145
MARRIAGE OFFICER ,�, ® ®! Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER �`� www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville
DATED: April 16, 2019
RE: Zoning Appeal No. 7311
Transmitted herewith is Zoning Appeals No. 7311 for David Hermer& Silvia Campo:
✓ The Application to the Southold Town Zoning Board of Appeals
,,� Applicant's Project Description -
�/ Questionnaire
,/ Agricultural Data Statement
� / 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-
Copy of Deed(s)
,/ Building Permit(s)
A/ Property Record-Card(s)
./Survey/Site Plan
Maps-
Drawings
Misc. Building Dept. forms (Certificate of Compliance,Housing Code Inspection, ect.)
Misc. Paperwork-
own of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 04/16/19 Receipt#: 253082
Quantity Transactions Reference Subtotal
1 ZBAAppllcatlon Fees 7311 $1,000.00
Total Paid: $1,000.00
Notes:
Payment Type Amount Paid By
CK#1039 $1,000.00 Patricia C Moore
Southold Town Clerk's Office
53095 Main Road, PO Box 1179
Southold, NY 11971
Name: Hermer, David &Sylvia Campo
9 College PI#4d
Brooklyn, NY 11201
Clerk ID: JENNIFER Internal ID 7311
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320 Hampton Road,Southampton NY 11968 LEE [IN
(631)287-5557 F.(631)287-5558 20 0 20 4o w
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#0002387790
DA
STATE OF NEW YORK)
\w. )SS:
Ats 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 08/22/2019
Principal Clerk
a
Sworn to before me this' 5-day o
ISTINA VOLINSKI
NOTARY PUBLIC-STATE Of NEW YORK
No.01V06105050
Qualftied in Sutiolk COunty
My commission Expires February 28,2020
r
TYPESET' Thu Aug 15 12.2124 EDT 2019
Request for Variances from Article XXIII,
LEGAL NOTICE Section 280-124 and the Building Inspector's
SOUTHOLD TOWN March 26,2019,Notice of Disapproval based
ZONING BOARD OF APPEALS on an application to construct additions and
THURSDAY,SEPTEMBER 12,2019 alteration to an existing single family
PUBLIC HEARINGS dwelling;at, 1) less than the code required
NOTICE IS HEREBY GIVEN,pursuant to side yard setback of 15 feet,2)less than the
Section 267 of the Town Law and Town Code code required total side yard setback of 35
Chapter 280(Zoning),Town of Southold,the feet;located,at 3300 Reeve Road,Mattituck,
following public hearings will be held by the NY.SCTM No.1000-100-1-3. `
SOUTHOLD TOWN ZONING BOARD OF 10:50 A.M. - FREDERICK LIGUORI
APPEALS at the Town Hall,53095 Main #7318-Request for a Variance from Article
Road, Southold, New York on II,Section 280-9A;and the Building Inspec-
THURSDAY,SEPTEMBER 12,2019. tor's March 19,2019,Notice of Disapproval
9:30 A.M. - MICHAEL AND MARY based on a determination of lot recognition,
HEAGERTY#7308-Request for Variances at;1)less than the code required minimum lot
from Article III, Section 280-15, Article width of 100 feet; located at: 5600 Great
XXIII,Section 280-124;and Building Inspec- Peconic Bay Boulevard, (Adj to the Great
tor's February 5, 2019, Amended May 6, Peconic Bay)Laurel,NY.SCTM#1000-128-
2019,Notice of Disapproval based on an ap- 2-11.
plication to construct an accessory garage;at, 1:00 P.M.-ROBERT YEDID#7309-Re-
p) located in other than the code permitted quest for Variances from Article III,Section
rear yard,2) located less than the code re- 280-15;Article XXIII,Section 280-124;and
quired front yard setback of 40 feet;3)located Building Inspector's March 22,2019,Notice
less that the code required rear yard setback of of Disapproval based on an application to
15 feet;located,at 10550 Nassau Point Road legalize an "as built" accessory swimming
(Adj,to Little Peconic Bay),Cutchogue,NY. pool and an"as built"accessory shed;at,1)
SCTM No. 1000-119-1-16 accessory shed located less than the code re-
9:40 A.M.-JAMES KUHLMANN#7310- quired side yard setback of 5 feet;2)acces-
Request for a Variance from Article III,Sec- sory shed located less than the code required
tion 280-15 and Building Inspector's March rear yard setback of 5 feet;3)"as built"con-
14,2019,Notice of Disapproval based on an struction is more than the code permitted
application to construct an accessory garage; maximum lot coverage of 20%, located, at
at,1)located in other than the code required 230 Hippodrome Drive, Southold, NY.
rear yard,located,at 635 Church Lane,Cut- SCTM No. 1000-66-2-25.
chogue,NY.SCTM No 1000-96-1-15, 1:10 P.M. - KEVIN S. MCLEOD AND
9:50 A.M.—SILVIA CAMPO AND DAVID CHUN Y CHEUNG #7313 - Request for
HERMER #7311 - Request for Variances Variances from Article XXII, Sections
from Article XXII,Section 280-116A(1)and 280-105 and 280-116A(1);and Building In-
Building Inspector's February 20,2019 No- spector's March 29,2019 Notice of Disap-
tice of Disapproval based on an application to proval based on an application to construct a
demolish and reconstruct the existing retain- pergola addition to an existing single family
ing wall and two accessory decks;at, 1)re- dwelling and to legalize an"as built"six foot
taining wall is located less than the code re- fence at,1)the pergola is located less than the
quired 100 feet from the top of the bluff,2) code required 100 feet from the top of the
deck is located less than the code required 100 bluff;2)the fence is more than the code per-
feet from the top of the bluff; 3) deck is mitted maximum four(4)feet in height when
located seaward of the top of bluff,not per- located in the front yard; located, at 605
mitted;located,at 3675 Nassau Point Road, Sound View Avenue(Adj to the Long Island
(Adj.to Little Peconic Bay)Cutchogue,NY. Sound), Mattituck, NY SCTM No.
SCTM No 1000-111-9-4.2 1000-94-1-4.
10:00 A.M. -JOSEPH AND BARBARA 1:20 P.M. - BRAD AND KATHRYN
LAZZARO#7312-Request for a Variance PIECUCH #7288 — (Adj from July 18,
from Article XXIII, Section 280-124 and 2019)Request for a Variance under Article
Building Inspector's February 8,2019 Notice III,Section 280-15 and the Building Inspec-
of Disapproval based on an application to tor's January 9,2019 Notice of Disapproval
legalize"as built"additions and alterations to based on an application for a permit to Con-
an existing single family dwelling;at,1)less struct an accessory garage,1)located in other
than the code required minimum front yard than the code required rear yard; at- 1350
setback of 35 feet, located, at 400 Legion Woodcliff Drive, Mattituck, NY
Avenue, Mattituck, NY. SCTM No SCTM#1000-107-8-1
1000-142-2-8 The Board of Appeals will hear all persons or
10:10 A.M. - KAREN KRAEBEL AH- their representatives,desiring to be heard at
LERS#7314SE-Request for a Special Ex- each hearing,and/or desiring to submit writ-
ception under Article III, Section 280- ten statements before the conclusion of each
13B(13). The Applicant is the owners of hearing. Each hearing will not start earlier
subject property requesting permission to cre- than designated above.Files are available for
ate an Accessory Apartment in an existing review during regular business hours and
accessory structure,at 255 Sixth Street,Lau- prior to the day of the hearing. If you have
rel,NY.SCTM#1000-126-7-2. questions,please contact our office at,(631)
10:20 A.M. - KAREN KRAEBEL AH- 765-1809, or by email. kimf@
LERS#7315-Request for Variances from southoldtownny gov
Article III,Section 280-15 and Building In- Dated August 15,2019
spector's April 8,2019 Notice of Disapproval ZONING BOARD OF APPEALS
based on an application to construct additions LESLIE K A N E S W E I S M A N,
and alterations to an existing accessory CHAIRPERSON
building and convert it to an accessory BY.Kim E Fuentes
apartment,at, 1)less than the code required 54375 Main Road(Office Location)
minimum side yard setback of 10 feet, 2) 53095 Main Road(Mailing/USPS)
more than the code required maximum height P.O.Box 1179
of 20 feet,located,at 255 Sixth Street,Laurel, Southold,NY 11971-0959
NY SCTM No.1000-126-7-2 2387790
10:40 A.M. - BRIAN KELLER #7319 -
� D
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD:NEW YORK `
---------------------------------------------------------X
In the Matter of the Application of
AFFIDAVIT
i
HERMER OF
MAILINGS
Appeal # 7311
SCTM Parcel #1000-111-9-4.2
-------------------------------------------------X
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose
and say that:
On the 26TH day of August, 2019, 1 personally mailed at the United States Post
Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
a true copy of the attached Legal Notice in prepaid envelopes addressed to current
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.
& �LA
(Signat
Sworn to before me this ��
d of 51EP7-- , 2019
(N(3fary Public) MARGARETCRUTKOWSKI
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01RU4982526
Qualffied in Suffolk County
My Commission Expires June 3,�_n—
PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to
the owner names and addresses for which notices were mailed. Thank you.
p ® e
® Be
co ru
i Q ,'�.:d P%.A "�5 p� {{ p,� "7 G� ..^....5 t�J td 11 I �.:5/ t'".i. % �,�,�.'i✓ {.S'K:..9
• CD I nf"� t A L a �W I � c Certified Mail Fee _
Certified Mall Fee �\ ` Q-• $ �__C•�
D-• $ - �- Extra Services&Fees(check box,a$fee as appropdaV °f;
�- Extra Services&Fees(chackbox,add lee as eppropd ej,r% ❑Retum Receipt(hardwPY)
- I� rl Return Receipt(electronic) $ r� stmark�
❑Return Receipt(hardtop» $— A1c ❑ .a Here 'r
' ❑Return Receipt(electronic) $ Stmark -( O ❑Certified Mail Restricted Delivery $ Cf)
f: ❑Certified Mail Restricted Delivery $ S Here �/ C3 ❑Adult Signature Required $
E3 []Adult Signature Required $__ ��`.��+ �y C3 []Adult Signature Restricted Delivery$
1--3 ❑Adult Signature Restricted Delivery$ 0 postage
ED
Postage ``C 1 D- g �` r P,° t�
D" $ - ; C3 Timothy Radln =�
Im .
M Michael J Maher/Jean M. Maher Julie Aronowitz Radin
Attn:TPS �} CO 190 E 72nd Street Apt 6C ----------------
PO Box 7560 ---------------- 1 C3 New York, NY 10021
r=3�- Garden City, NY 11530 ---------------- i sctm 1000-111-8-1
C sctm: 1000-111-9-3
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117=1Certified Mall Fee --•.. Certified Mall Fee
pp p ) �i-��,,� r-=��:. �- Extra Services&Fees(check box,add(se as appropriate)/
Extra Services&Fees(check box,add fee as a ro nate _
❑
Return Receipt(hardcopy) $ `,��_ `�. ❑Return Receipt(hardcopy) $—•�- -
r-9 ❑Return Receipt(electronic) $ PO \-. � r� ❑Return Receipt(electronic) $
O ❑Certified Mail Restricted Delivery $ �_pe T I ❑CarLged Mall Restricted Delivery $ ere
:X1.
❑Adult Signature Required $ [-:3 ❑Adult Signature Required $
Adult Signature Restricted Delivery$y� !'.J E3 E]Adult Signature Restricted Delivery$ \ /�
Postage Postage
C3 Tc Jaime A Santiago
rn $I Michael J Youngman ��' rn $ Nancy Santiago
LS Arlene M Youngman St
ro __, 201E 17th St,Apt 29H a 3745 Nassau Pt. Rd
---------------
o si` New York, NY 10007 0 Cutchogue, NY 11935
sctm. 1000-111-4-34
- -- r` c sctm 1000-111-9-4.1 -
:,1 1 11 111.1, :II 1 11 111•
SECTIONCOMPLETE THIS
ON DELIVERY
SENbEllt • •
r A. Signature C
le Complete items 1,2,and 3. 0 Agent
■ Print your name and address on the reverse X -'❑Add ssee i
so that we can return the card to you. eceNed by N e) C. Date of eliv
■ Attach this card to the back of the mailpiece, ,� ��
or on the front if space permits. es
D. Is delivery address different from item 1?
if YES,enter delivery address below: 0 No
Michael J Youngman
i Arlene M Youngman
201 E 17th St:;'Apt 29H
New York, NY'10007
sctm: 1000-111-4-34
-- - - -
3. Service Type ❑Priority Mall Express®
II 1111111 fill 111 I II I IIII I II I l I I II I I IIII Il III 0 Adult Adult Sig
L1 Adult Restricted,Dellvery ❑Registered Mail Restricted
❑Certified Malo Delivery
9590 9402 3554 7305 7829 95 ❑Certified Mail Restricted Delivery ❑Return Receipt for
❑Collect on Delivery Merchandise
❑Collect on Delivery Restricted Delivery ❑Signature Confirmation
2. Article Number(Transfer from service label) [3 Insured Mad ❑Signature Confirmation
[3 Insured Mail Restricted Delivery ResUlcted Delivery'
(over$500)
PS Form 3811,July 2015 PSN 7530-02.000 905t3t , I
Domestic Return Receipt
l
1
ZONING BOARD OF APPEALS fin, r
TOWN OF SOUTHOLD: NEW YORK ��
---------------------------------------------------------------x
In the Matter of the Application of AFFIDAVIT
OF
DAVID HERMER POSTING
#7311
Regarding Posting of Sign Upon
Applicant's Land Identified as
1000-111-9-4.2
---------------------------------------------------------------x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, PATRICIA C. MOORE, of Southold, New York, being duly sworn, depose and
say that:
On the 4T" day of September, 2019, 1 personally placed the Town's official
Poster, with the date of hearing and nature of the application noted thereon, securely
upon the 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 days prior to the
date of the subject hearing date, which hearing date was shown to be THURSDAY,
September 12, 2019 at 9:50 a.m. .
Patricia C. Moore
Sworn to before me this
day of !�DD
kNotary is BETSY A. PERKINS
Notary Public, State of New York
No. 01 FE61130x36
Qualified in Suffolk CouA-- /
Commission Expires July 18
*near the entrance or driveway entrance of the property, as the area most visible to
passersby
I�� 1
SEN-DER: COMPLETE THIS SECT
COMPLIFTE THIS
y ■;,COb'lete
W'PtlAitems 1,2,and 3. • A. Signatli • e DELIVERY
1 t your name and address on therever 0 13 Agent
so that we can return the card to you, o ❑Addressee
■ Attach this card to the back of the mailpie 5 B. Recei d by(Printed Name) C. Date of Delivery
or on the front if space permits.
�D Isyde�fre� address different from item 17 0 Yes
Michael J Maher/Jean M. Maher f YES,enter-delivery address below: ❑No
Attn-TPS
PO Box 7560
Garden City; NY 11530
sctm: 1000-111=943
II I�I�III !940!2
III�Ilf IIIIIIfIIflfII III�II� 01 Service Type ❑Regisy Mall a llTM❑Adult Signature ❑Registered MaIITM❑Adult Signature Restricted Delivery ❑Registered Mail Restricted
9590 3554 7305 7830 15 ❑Certified Moll0 _ Delivery
❑Certified Mail Restricted Delivery ❑Return Recelpt for
❑Collect on Delivery Merchandise
2. Article Number(transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation-
0 Insured Mail ❑Signature Confirmation
❑Insured Mail Restricted Delivery Restricted Delivery
(over$500)
PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt
r �
BOARD MEMBERS ��®F s®U, Southold Town Hall
Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179
Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes ® �Q Town Annex/First Floor,
Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue)
Nicholas Planamento yC®U ,� Southold,NY 11971
http://southoldtov,mny.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, SEPTEMBER 12, 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, SEPTEMBER 12, 2019.
9:50 A.M. - DAVID HERMER #7311 - Request for Variances from Article XXII, Section 280-
116A(1) and Building Inspector's February 20, 2019 Notice of Disapproval based on an
application to demolish and reconstruct the existing retaining wall and two accessory
decks; at, 1) retaining wall is located less than the code required 100 feet from the top of
the bluff; 2) deck is located less than the code required 100 feet from the top of the bluff;
3) deck is located seaward of the top of bluff, not permitted; located, at 3675 Nassau
Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM No. 1000-111-9-4.2.
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: August 15, 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
I
Z'r,i,_ING 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.nortlifork.net
August 12, 2019
Re: Town Code Chapter 55 -Public Notices for Thursday, September 12,
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 August 26th:
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 mailing address shown on the assessment rolls maintained
by the Southold Town Assessors' Office. 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 September 3rd : 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 September 4th : 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 September 10, 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
i4UTIi0' E OF HEARINO
"he following application will be heard by the Southold Town
Board of Appeals at Town Hall , 53095 Main Road , Southold :
NAME : HERMER,, DAVID # 7311
SCTM # : 1000- 111 -9 -4 . 2
JARIANCEN BLUFF SETBACK
REQUEST : DEMOLISH AND RECONSTRUCT
EXISTING RETAINING WALL AND
TWO ACCESSORY DECKS
DATE : THURS. SEPT. 12 , 2019 9 :50 AM
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
BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman,Chairperson ��0� $DUTyO 53095 Main Road•P.O.Box 1179
!� Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes Town Annex/First Floor,
Robert Lehnert,Jr. �p� 54375 Main Road(at Youngs Avenue)
Nicholas Planamento OI,YC�� Southold,NY 11971
http://southoldtovamy.gov
ZONING BOARD OF APPEALS [�ECEIVED
TOWN OF SOUTHOLD APR 12 2019
Tel.(631)765-1809•Fax(631) 765-9064
Southold Town
Planning Board
April 12, 2019
Mark Terry, Principal Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex -
Southold,NY 11971
Re: ZBA File Ref. No. #7311 Hermer, David & Campo, Silvia
Dear Mark:
We have received an application to demolish and reconstruct the existing retaining walls
and two accessory decks. A copy of the Building Inspector's Notice of Disapproval
under Chapter 280 (Zoning Code), and survey map, project description form, are attached
for your reference.
Your written evaluation with recommendations for this proposal, as required under the
Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this
letter.
Thank you.
Very truly yours,
Leslie K. Weisman
Chairperson
By: &AhOWt7N
Encl.
Survey/site plan: Peconic Surveyors, P.C. dated February 6, 2019
BOARD MEMBERS _ Southold Town Hall
Leslie Kanes Weisman,Chairperson ��OF $OUryO 53095 Main Road• P.O.Box 1179
Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes Town Annex/First Floor,
Robert Lennert,Jr. �pQ 54375 Main Road(at Youngs Avenue)
Nicholas Planamento OI,YC�� Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
- - -- -- - -- - --- -- - ---- ---- --- ---- --- -- - --- - --- - - -- - - -- -- - -- - - -- -
Tel.(631) 765-1809 •Fax(631)765-9064
April 12, 2019
Ms. Sarah Lansdale, Director
Suffolk County Department of Planning
P.O. Box 6100
Hauppauge, NY 11788-0099
Dear Ms. Lansdale:
Please find enclosed the following application with related documents for review
pursuant to Article XIV of the Suffolk County Administrative Code:
ZBA File #7311 Owner/Applicant: Hermer, David & Campo, Silvia
Action Requested: demolish and reconstruct the existing retaining walls and two accessory
decks.
Within 500 feet of: ( ) State or County Road
(X) Waterway (Bay, Sound, or Estuary)
( ) Boundary of Existing or Proposed County, State, Federal land
( ) Boundary of Agricultural District
( ) Boundary of any Village or Town
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
Leslie K. Weisman
ZBA C air erson
By:
Encls.
Survey/Site Plan: Peconic Surveyors, P.C. dated February 6, 2019
BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman,Chairperson *rjF SO 53095 Main Road•P.O.Box 1179
Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes CA Town Annex/First Floor,
Robert Lehnert,Jr. �. �pQ 54375 Main Road(at Youngs Avenue)
Nicholas Planamento �l,Y',ou Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel.(631) 765-1809•Fax(631)765-9064
April 12, 2019
Suffolk County Soil and Water
Conservation District
Attn: Corey Humphrey
423 Griffing Ave.,
Suite 110
Riverhead, New York 11901
Re: ZBA# 7311 —Hermer, David & Campo, Silvia
Dear Sir or Madam:
We have received an application to demolish and reconstruct the existing
retaining walls and two accessory decks, shown on the enclosed site map.
The hearing on this application is expected to be held in approximately four
weeks.
Enclosed is a copy of the site map, together with the application and a copy of
the area map. May we ask for your assistance in an evaluation and
recommendations for this proposal.
Thank you for your assistance.
Very truly yours,
Leslie K. Weisman
Chairperson
i
By:
Encls.
Survey/Site Plan: Peconic Surveyors, P.C. dated February 6, 2019
FORM NO. 3
so� � 1 l I � C�-o 1.$)
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
/ SOUTHOLD, N.Y.
a N) NOTICE OF DISAPPROVAL
1 ,
DATE: February 20, 2019
TO: Patricia Moore (Hermer)
51020 Main Road
Southold, NY 11971
Please take notice that your application dated February 12, 2019:
For permit to demolish and reconstruct the existing retaining walls and two accessory
decks at:
Location of property: 3675 Nassau Point Road, Cutcho u
County Tax Map No. 1000— Section 111 Block 9 Lot 4_2
Is returned herewith and disapproved on the following grounds:
The proposed construction, on this conforming 40,933 sq. ft. parcel in the Residential R-
40, is not permitted pursuant to Article XXII Section 280-116A(l), which states, "All
buildings or structures located on lots upon which there exists a bluff landward of the
shore or beach shall be set back not fewer than 100 feet from the top of such bluff."
"t-The site plan shows the retaining,walls at±7 feet from topof b�%
In addition, the proposed reconstruction of the 9.03' accessory deck has a 0' setback
from toD of bluf nd the 9.5,x-9:.5' deck is located seaward of the 10D of bluff.
VA tv no%t.1-4,0
Autho ized Signature ,o y}4-rr—1p,V-S j
Note to Applicant: Any change or deviation to the above referenced application may
require further review by the Southold Town Building Department.
CC: file, Z.B.A
BOARD MEMBERS ��OF $�UTyO Southold Town Hall
Leslie Kanes Weisman,Chairperson �O 1p 53095 Main Road •P.O.Box 1179
Southold,NY 11971-0959
Patricia Acampora C Office Location:
Eric Dantes �p� Town Annex/First Floor,
opRobert Lehnert,Jr. 54375 Main Road(at Youngs Avenue)
Nicholas Planamento ylou ,� Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel.(631)765-1809•Fax(631)765-9064
October 2, 2019
Patricia Moore, Esq.
51020 Main Road
Southold,NY 11971
Re: ZBA Application#7311
3675 Nassau Point Road, Cutchogue
SCTM No. 1000-111-9-4.2
Dear Mrs. Moore;
Transmitted for your records is a copy of the Board's September 26, 2019 Findings,
Deliberations and Determination, the original of which was filed with the Town Clerk
regarding the above variance application.
Before commencing any construction activities, a building permit is necessary. Please be
sure to submit an application along with a copy of the attached determination to the
Building Department.
If you have any questions,please don't hesitate to contact our office.
Sincerely,
Kim E. Fuentes
Board Assistant
Encl.
cc: Building Dept.
N 310 382
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