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G-�u m per,, �k Q+Oz � ,ne),eAe he, ����. Sau 1d 5' 73 Le 50-Irze os �el�a- dins A h ws CL AA 10 YM ��� s � 9 o� -I, �e.� �.r�-rl a o� o a pu4- 5-1 oci-es cmot of 3Lf90 • fiy+ )cx 1(( sec a P®-/a. Ott 1�1�� Appr 610JI-k14C) k6l -- - -- - -- - 17 --------------- �l b -73 CHECK BOXES AS COMPLETED ( )Tape this form to outside of file _ D a O Pull ZBA copy of ND 0 0 a I ( ) CD ( ) Check file boxes for p y 3 t11 ( ) Assign next number o outside of file folder ( ) Date stamp entire ori m v _a c o � z file number x o C N -o o 3 ' mooE cu ( ) Hole punch entire ori o� CD Q W (before sending to T.( - W o u ( ) Create new index carp °o - Q m ( ) Print contact info &ti rn W ( ) Prepare transmittal t( 3 w <— 0 Q ( ) Send original applicat CD to Town Clerk ( ) Note inside file folder N and tape to inside of i o -n ( ) Copy County Tax Map neighbors and AG lots ( ) Make 7 copies and pu- ( ) Do mailing label w .p. 0o BOARD MEMBERS ®��®� S®���fi®� Southold Town Hall Leslie Kanes Weisman,Chairperson ® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G ® �Q Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �COU NTY,� Southold,NY 11971 http://southoldtownny.gov p, Pad, IV ZONING BOARD OF APPEALS �( l3 ad, 6 12.17�'l TOWN OF SOUTHOLD DEC 2 6 2019 ,�,� Tel.(631)765-1809.Fax(631)765-9064 1� 2 SOU hold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 19, 2019 ZBA FILE: #7348 NAME OF APPLICANT: Frank and Joanne Gumper PROPERTY LOCATION: 2400 Minnehaha Boulevard, Southold,NY SCTM#1000-87-3-58 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 September 3, 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 and listed policy standards not met by the proposed action, dated November 20, 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 action is INCONSISTENT with LWRP policy standards and therefore INCONSISTENT with the LWRP for reasons as follows: Policy 1: The application does not meet Policy 1, which addresses patterns of development and community character in a residential low-density zoning district. The proposed action does not enhance community character, evident by the significant variances being sought nor does it minimizes the adverse effect of development on ground and surfaces waters. Therefore,this policy is not met. Polio The as-built structure is located within a FEMA Flood Zone AE EL 8. This policy does not support the construction of single-family residences within area subject to flooding and potential loss. The structures do not appear to be constructed to be flood tolerant. The request to recognize the Increased percent cover (34%) over which that is permitted over zoning and within the Corey Creek watershed and in within a FEMA flood zone does not meet this policy. Policy 6.2: Corey Creek is a significant Coastal Fish and Wildlife Habitat. These habitats have experienced and continue to experience human disturbance. This includes the adverse effects of adjacent land uses that contribute Page 2,December 19,2019 #7348,Gumper SCTM No. 1000-87-3-58 to nutrient loading from sanitary waste and the potential use of herbicides and pesticides applied for property management. The build out of this parcel is very close to proximity to Corey Creek is expected to contribute Nutrient loading, VOC's through sanitary wastewater disposal and the potential application of herbicides and pesticides for property management. The amount of structure on the parcel achieves no benefit in the protection of Corey Creek. The rear yard is void of vegetation that would provide a buffer from the as-built development structures. If approved,it is recommended to further this policy and those below,that the"new gravel fill to the walkway" shown on the proposed site plan be replaced with a vegetated, non-turf buffer to mitigate the build out of this parcel. The vegetation should be comprised of native,salt tolerant species. Policy 6.3: Addresses the,need to protect and restore tidal and freshwater wetlands. As-built development in watersheds and in close proximity to creeks has resulted in loss and impairments to the wetlands and their functions; cumulatively impacting the Town of Southold's ecosystem. The sanitary waste system is not shown in the submitted materials. The function of the system is unknown. In the event the action is approved it is recommended that the Board require certification that the system is functioning. Further, storm water controls are also not shown on the submitted plans. It is recommended that the Board require storm water controls and compliance with Chapter 236. However, based upon conditions imposed herein,the Board finds the proposed actions are CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject parcel is a nonconforming 5,734 sq. ft. lot located in the Residential R-40 District. The northerly property measures 91.28 feet, the easterly property measures 62.94 feet and is adjacent to Corey Creek, the southerly property measures 96.06 feet and the easterly property measures 62.00 feet and is adjacent to Minnehaha Boulevard. The property is improved with a one-story wood frame residence with an attached garage (now living area). There is also a wood frame shed (5.8ft.x.12.3ft.) on the northerly property line( ZBA variance granted). There are two existing wooden decks. The elevated deck was built in 1971 and the covered porch was enclosed as shown on the survey map prepared by John T. Metzger, LS, last revised March 4, 2004(elevations and flood zone). BASIS OF APPLICATION: Request for Variances from Article XXIII, Sections 280-124 and the Building Inspector's July 15, 2019, Notice of Disapproval based on an application for a permit to 'legalize "as built" additions and alterations to a single family dwelling; at 1) located less than the code required side yard setback of 10 feet; 2) located less than the code required rear yard setback of 35 feet; 3) more than the code ,permitted maximum lot coverage of 20%; located at 2400 Minnehaha Blvd., (Adj. to Corey Creek) Southold, NY. SCTM#1000-87-3-58. RELIEF REQUESTED: The applicant requests variances to legalize "as built" additions and alterations to a single family dwelling with a side yard setback of 9.1 feet where the code requires a minimum side yard setback of 10 feet, a rear yard setback of 2 feet 5 inches where the code requires a minimum of 35 feet and lot coverage of 34%. where the code permits a maximum lot coverage of 20%. ADDITIONAL INFORMATION: The owner/applicant is the son of the original owners. The existing house was built in 1965 with an attached garage and covered porch. The covered porch was enclosed in 1971. Also, in 1971 the existing elevated wood deck was constructed on the back of the home. The area to the north of the deck was a concrete patio which appears.on the 1969 survey. In 1977 the attached garage was converted to living area. The existing shed was previously granted variance relief by the ZBA variance when the other structures were in place Page 3,December 19,2019 #7348, Gumper SCTM No. 1000-87-3-58 and remains in the same location today. The applicant applied for a permit to do interior renovations and as a result discovered that the existing structures did not have certificates of occupancy. The applicant then filed for the "as built" permits. Since the existing structures were built in the 1970's the Building Department cannot issue permits. The existing decks, stairs,wooden lower deck and wooden walkway have Southold Town Trustee permits. In 1999 the previous existing bulkhead was replaced with the approval of the Town Trustees and the NYSDEC to construct a new bulkhead in front of the existing bulkhead. This bulkhead necessitated a"wood bulkhead cap"which covers the old bulkhead and the new bulkhead. This "wood bulkhead cap" is not part-of this application. The cap is a marine structure. The Building Department determined that the 172 sq. ft. wood walkway located between the upper deck and the,marine structure requires a variance because it is presently 12" above the grade. The existing property has different elevations, it is higher'at the road. The wood walkways are in some areas of the yard "at grade" and other areas at slightly above grade. This results in increasingly, excessive lot coverage. In order to reduce the lot coverage, the owner is proposing to raise the grade with pea stone gravel. The pea stone gravel would be placed under the existing wood walkway and next to the upper wood deck, all shown on the drawing labeled A-501. The lot coverage will be reduced by bringing the grade "up to" 172 sq. ft. wood walkways. In addition, the pea stone gravel is a pervious material and provides a "non-turf' buffer around the walkways. The patio on the east side next to the deck is the original 1960's concrete patio which has been covered with wood decking (not counted as lot coverage). The wood patio (covering the patio) is on grade. The 215 sq. ft. rear deck which was constructed in 1971 is elevated at 48" above grade and needs rear yard setback approval. The deck has not changed since 1971, except that the steps were relocated slightly away from the wall because the family would hit the open window(on the back of the house)when they used the stairs. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 5, 2019 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of.the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. 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. All the existing alterations requiring variances were done between 1965 and 1971 before today's codes were in place and the applicant was unaware that permits had not been issued to his parents for the subject'alterations. The codes of today are impossible for the applicant to meet. 3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 9% relief from the Town Code for side yard setback, 92% relief of the Town Code for rear yard setback, -and 70% relief from the Town Code for lot coverage. The lot coverage issue is mainly due to the wood decking. The proposed re-grading under the decking will make the decking more conforming.-The pea stone gravel is highly pervious and will protect runoff into Corey Creek. 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 Laughing Water subdivision has many similar properties which were all built in the 1950's and 60's and improved Page 4,December 19,2019 #7348, Gumper SCTM No. 1000-87-3-58 with decks and bulkheads along with expansion and alterations to original small residences. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and the conditions imposed herein. 5. Town Law 4267-b(3)(b)(5). The difficulty has not been self-created. All improvements were made prior to the applicant taking ownership. The applicant's parents built the home and after his father's death his mother made the additions and alterations without obtaining the proper permits(which was not known to anyone in the family). The mother always claimed that everything was permitted. 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 non-conforming lot coverage and setbacks to the existing dwelling and decks, 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 GRANT the variances as applied for, and shown on the site plan prepared by Vincent Benic, R. A., last revised July 2, 2019. SUBJECT TO THE FOLLING CONDITIONS: 1. Submission of a design professional certification proving that the sanitary system is acceptable and functioning properly. 2. The applicant shall prepare a stormwater management plan to be certified by a design professional that meets stormwater controls and compliance with Chapter 236 of the Town Code. 3. Replacement of the "pea stone gravel fill to the walkway" shown on the proposed site plan, last revised July 2, 2019, shall be replaced with a vegetated, non-turf buffer per the recommendation of the LWRP Coordinator consisting of native, salt tolerant species. 4. This 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 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. Page 5, December 19,2019 #7348,Gumper SCTM No. 1000-87-3-58 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), Acampora,Planamento and Lehnert. (4-0) (Member Dantes absent) eslie Kanes Weisman, Chairperson Approved for filing/a / ,j /2019 I EXIS I ING 1 FAMILY EXISTING DWELING: 1965 GARAGE W MIA CONVERTED Z I Z VINCENT BENIC ARCHITECT � I 1 STORY- 1720 S F z � 611 Broadway Suite New York NV10012 I TO HABITABLE Q I � UJI ZONING ANALYSIS of I Issued/Revision Z - - ROOMS -1978I LU FI "2. AP BD Submission - - - - - - - O n Qi/ 7D A LOT AREA S 5,734 PLANTING I R �F j,. � BED I o_ LU BUILDING AREA I �+ ��`r 0 I Z EXISTING RESIDENCE 1,720 IWOOD DECK 1: 215 I E 4���v17 Q 4 IZ B TOTAL BUILDING AREA 1,935 CO 1 CIO Drawings&specifications as Instruments of professional service - - - 14.0' _ — — I are,and shall remain,the property of VINCENT BENIC PERMITTED LOT COVERAGE 20% I ARCHITECT No reproduction,In whole or In part,shall be made z PROPOSED LOT COVERAGE B/A 34% without the written authorization of VINCENT BENIC ARCHITECT. I This document is Intended solely for the construction of the project named herein and shall not be used by any other parties ..... . ................ ............... .____________-___________________-_____________________________________ _ _____ for any other construction without the written consent of 9.5' VINCENT BENIC ARCHITECT. WALKWAY CD I I EXISTING DECK I NOTES; ENCLOSED - METAL ALL HOUSE, SETBACKS AND LEGEND. iv I PROPERTY LINE DIMENSIONS --]EXIST WOOD DECK I 1969 N DOOR I SHOWN ON THIS DRAWING WERE WOODEN PATIO; ON COPIED FROM A SURVEY =EXIST PATIO, PREPARED BY PECONIC WALKWAY/BULKHEAD , CONCRETE: GRADE: I SURVEYORS, PC, DATED JULY WALKI I CAP ON GRADE I 5 285 I 15,1999 AND UPDATED AU. 2,1999 =GRAVEUSANDFILL. AND MARCH 4,2004. Ir 9•1r ___.__._-- -- NOTE- ' sXBwOOD LA I EXISTING LAWN ON AREA I EDGE EXIST. STEP TO BE ���'D MARKED AS PER ABOVE _ _ - - AND UNDER THE UPPER I �-[[ � _-_ �-. REMOVED - CREATE A DECK IS PITCHING TO THE I rr_r T S'AIR NDIPI(? _ - cr ccceeccr NEW STAIR LANDING: i RECEIVED BULKHEAD I --rr "GGCCGGGr 3'8' LEVEL OUT EXISTING - 8" DN TO GRADE. _ ---- LAWN/UNDER DECK AREA CG[[[CCr WITH NEW POROUS GRAVEL I -enrrrrrc + JUL 31 2019 FILL.REMOVE SOIL AND _ _- LAWN AND, I 2X8@12"OC UPPER WOODEN OD APPROX_3"T012"OF3/8" ZONING BOARD OFAPPEAL_� GRAVEL AND SAND.TOTAL h - — �,� DECK 1: 48"ABOVE 00 AREA 360 SF OR + io GRADE: 215 SF DN APPROXIMATELY 8 CY OF I - I FILL CCe ~ G[[CC[�Ce[CGf G � -- I CGCCCCGCCCCG p GAp: cccccecccc[GG �g' [[Gccccecc[cccr GGGCC[[[CCrrCrF - ? BULK ANORA1lIN IGorr rrrr �• iuNG OOD KH�.o 3)?. J F�'Si OCCI NEW GRAVEL Cr rm, 4' V V W1,R1,40 �1 N GCC; FILL TO CCGGC LANE RUSfEE �SN- oGGCz WALKWAY ❑CCC[[t r t I:, Ft Y XCCfELEVATION h €rr�n,rr—r `^I GRADE pFtoPlE M -+ ri[T O e ' QN NEV V DOCK Becked: LINE OF I ec OD WPLKwPY- _(- cr ORIGINAL I �: E BULKHEAD I - \N000 - OCK O 0-Op,,C�NG O 74883 NVEW' �NInd Benic YS#014983 A, I PROPER-�./LINE _ _—.._ � Project —� ✓. GUMPER HOUSE ��{�� 2400 MINNEHAHA BLVD. E`(COB ` _ SOUTHOLD,NY 11971 ``{_ PROPOSED SITE PLAN Dewing Title 1 s�ie a/s"=V-0„ PROPOSED BLOW UP NEW OF BULKHEAD - - - DECK PLAN AND 0 5 6 7 8 9 10 FT Drawing Number FLFLFffUUU_LRAILING A-501 73�� VBA RECEIVED VINCENT BENIC ARCHITECT fill Broadway,Suite 817,New York,NY 10012 1 2019 +vbarch coin Issued/Revision MING BOARD OF APPEALS 7219 BD StlWission FINAL MAP REVIEWED BY ZBA SEE DECISION # 73 {8 DATED 12. / ►�i /fir Drawings&specifications as Instruments of professlonal service are,and shall remain,the property of VINCENT BENIC ARCHITECT No reproduction,in whole or in part,shall be made without the written authorization of VINCENT BENIC ARCHITECT This document Is Intended solely for the construction of the project named herein and shall not be used by any other parties for any other construction without the written consent of VINCENT BENIC ARCHITECT HOUSE UPPER WOODEN DECK 1.48" Z ABOVE GRADE:215 SF J' 10'-6" of 13- I I WOOD WALKWAY-ON NEW GRADE' I 2r-5"+/- LAWN GRAVEUSAND FILL TRUSTEE APPROVED BULKHEAD AND RAILING crnecccr. EXISTING GRADEpi * VENC, y VB Proj al. (� PRESSURE TREATED 3 2 Z Z LUMBER TO SUPPORT D wn: n WOOD WALKWAT ; 0 V GRAVEUSAND FILL: COREY CREEK _ NOTE- J 3 4L EXISTING LAWN ON AREA MARKED AS PER ABOVE AND t, UNDER THE UPPER DECK IS PITCHING TO THE BULKHEAD. YORK LEVEL OUT EXISTING LAWN/UNDER DECK AREA WITH ® N Vinci Benic,AIA, NEW POROUS GRAVEL FILL. REMOVE SOIL AND LAWN AND NYS#014883 INSTALL APPROX..3"TO 12"OF 3/8"GRAVEL AND SAND. Project TOTAL AREA 360 SF OR APPROXIMATELY 8 CY OF FILL. DUMPER HOUSE FILTER FABRIC UNDER THE RILL 2400 MINNEHAHA BLVD. SOUTHOLD,NY 11971 DraP�Title BLOW UP n PROPOSED SITE SECTION SITE SECTION Drawing Number 0 5 6 7 8 9 10 FT A-502 t; 0-PIW 0law " r r Ari s a " N O S7 F OL CO 0 YORK . 1. -87-03-58 ,, SCS: 1'=20' _.._ `� JULY 15, 1999 `` �t -e Aug 2 1999 (revision) S K S a _ 0 March 4, 2004 (elevations cQ flood zone) p7. -7 n► w°" o� ij d 5 O cQ conc cu: rb � � kECEIVEv A s R 6t,khe • S P H q.L T ♦ bv ��. ` o � t dood 'co ock JUL nc curb - 1 Q, ZONING BOARD OFAPPEALS 97-7 o C4 uj 3 'r v ` io P c u C 1 `W4** I a FLOOD ZONE AE ( el 0 l . �; o Fin �''R �� a ELEVA TIONS ARE kEFERENCED TO N.G.V.D. Z coy Spic 9 I p?Nwo/i_ 35.5' u m fe 100 0. , 0 At 74.4, 0he 0 ..retoMi r aoo 3W OD nl/o,F 0 eECfC 9g.ps. I ��of NEW yob v �eN t ME C��+�'aZfi AREA = 5,734 sq. ft. ( � ,o • =PIPE A%bb �a N.Y. LA618 ANY ALTb?-A' YON OR ADDITION TO THIS SURVEY IS A VIOLATION PECONIC S YORS, P.C. OF SECTION :7209 OF THE NEW YORK STATE EDUCATION LAW. 516 765 — 5020 EXCEPT AS.F'ER SECTION 7209—SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF P. 0. BOX 909 SAID MAP &' COPIES BEAR THE IMRf?ESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET 99 -249 WHOSE SIGNITURE APPEARS.HEREON. SOUTHOLD, N. Y. 11971 Wo:A,, rchitect Vincent Benic Architect LLC December 9,2020 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEDED Southold Town Hall 53095 Main Road DEC 2. 020 P.O.Box 1179 Southold,NY 11971-0959 Zoning B° arof APPeal, a Re:ZBA Applications#7348 Gumper,2400 Minnehaha Blvd, Southold SCTM No. 1000-87-3-58 FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 19,2019 Dear Board Members, 1. Existing Septic System. On 9/11/20 Coastal Cesspool and Drain Service(CCDS),Cutchogue,New York, opened up 3 Existing Septic Pools,pumped them,out,toilets were flushed,and water was seen entering the pool,flowing and functioning. See attached certification from CCDS. Present at the site were Vincent Benic Architect,Mr.Frank Gumper,Owner,Mr.Don Bracken,General Contractor and Mr.William Park,Coastal Cesspool and Drain Service(CCDS). 2. Storm Water Management Plan: Drawings are being summitted simultaneously with this letter to the Southold Town Trustees for ApproYal. 3. Vegetated,T,kon-Turf Bu�br: Vegetated,non-turf buffer,per the rec6the L.h, ' atien-of rdinator consisting of native,salt tolerant species 111—imita r Drawings are being summitted simultaneous'Iy'tb a e• own'trustees for AApprovai�*ith the ` Storm Water Management Plan. Sm' el , Benic.AIA Principal PO Box 92,Southold NY 11971 Tel.917-414-1925 and 212.475.1112 Email:vince@vbarch.com Coastline Cesspool & Drain Service 4225 Bridge Lane Cutchogue,LI,NY 11935 (631-734-6585 CERTIFICATION OF-SEWAGE DISPOSAL SYSTEM Suffolk Tax Map#: Dist: Sect(s)_Blk(s)_Lot( s)_ Project Name or Address: o�60&- loor Subdivision Name&Lot#:a41 �g����� �� ��" Al," "" Customer Name�� I HEREBY CERTIFY THAT: 1. The first septic tank/leaching pool,from the foundation,was located&uncovered,AND 2. Tank/pool was Inspected for outlet tine to an overflow pool,AND 3. Overflow,pomol(s)was/were located&uncovered. I also certify that the unitary syst"I c I - First tank/' pool feet dfameter Meet deep( )precast:(!r(_bg )otherT_, First overflow pool _JeLfeet diameter 7 feet deed,( cat ( )ot�ier Next Next overflow pool feet diameter feet deep( )precast ( )block ( )other / Gallons of waste removed from ( )septic tank ( leaching pool(s) Signed : Date: William W.Park,President DEC No.3A-600 SCCA Lic. No. 134-W 0 59 OFFICE LOCATION: ��®f S® �® MAILING ADDRESS: own Hall Annex P.O.Box 1179 ✓✓ 54375 State Route 25 Southold, NY 11971 c r Main Rd. &Youngs Ave.) 1 Southold, NY 11971 ® Telephone: 631765-1938 S AD)4 ---- :r� couffm� LOCAL WATERFRONT REVITALIZATION PR TOWN OF SOUTHOLD RECEIVED MEMORANDUM NOV 2 0 2019 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 November 20,2019 Re: LWRP Coastal Consistency Review for ZBA File Ref FRANK AND JOANNE GUMPER SCTM No. 1000-87-3-58. FRANK AND JOANNE GUMPER# Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's July 15, 2019, Notice of Disapproval based on an application for a permit to legalize "as built" additions and alterations to a single family dwelling; 1) located less than the code required side yard setback of 10 feet; 2) located less than the code required rear yard setback of 35 feet; 3) more than the code permitted maximum lot coverage of 20%; located at 2400 Minnehaha Blvd., (Adj. to Corey Creek) Southold,NY. SCTM No. 1000-87-3-58. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,the proposal is recommended as INCONSISTENT with the below LWRP policies. Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. The proposed action is located with the Residential 40 low density zoning district: The purpose of the Low-Density Residential R-40 District is to provide areas for residential development where existing neighborhood characteristics, water supply and environmental conditions permit full development densities of approximately one dwelling per acre and where open space and agricultural preservation are not predominate objectives. If approved,the action would set precedent and reinforce a traditional land use pattern of the Town of Southold that is not supported and in conflict with the purpose of zoning regulations and the bulk schedule. Similar sized vacant, lots occur to the north and south of the subject parcel. The proposed action does not enhance community character, evident by the significant variances being sought nor does it minimizes the adverse effect of development on ground and surface waters. Therefore,this policy is not met. Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. The as-built structure is located within a FEMA Flood zone AE-EL 8. This policy does not support the construction of single family residences within area subject to flooding and potential loss. The structures do not appear•to be constructed to be flood tolerant.The request to recognize the increased percent cover (34%) over which that is permitted over zoning and within the Corey Creek watershed and in within a- FEMA flood zone does not meet this policy. Policy 6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats. Corey Creek is a Significant Coastal Fish and Wildlife Habitat. These habitats have experienced and continue to experience human disturbance. This includes the adverse effects of adjacent land uses that contribute nutrient loading from sanitary waste and the potential use of herbicides and pesticides applied for property management. The build out of this parcel in very close proximity to Corey Creek is expected to contribute nutrient loading,VOC's through sanitary wastewater disposal and the potential application of herbicides and pesticides for property management. The amount of structure on the parcel achieves no benefit in the protection of Corey Creek. The rear yard is void of vegetation that would provide a buffer from the as- built development and structures. If approved,it is recommended to further this policy and those below,that the"new gravel fill to walkway"shown on the proposed site plan be replaced with a vegetated,non-turf buffer to mitigate the build out of this parcel. The vegetation should be comprised of native,salt tolerant species. Policy 6.3 Protect and restore tidal and freshwater wetlands. Wetlands within the Town of Southold are critical,natural resources that provide benefits including: open space,habitat for fish and wildlife,water quality enhancement, flooding and erosion protection, scenic value, and opportunities for environmental education. Wetlands and their benefits are also dependent upon the condition of adjacent lands which directly positively or negatively impact the systems. As-built development in watersheds and in close proximity to creeks has resulted in loss and impairments,to the wetlands and their functions; cumulatively impacting the Town of Southold's ecosystem. The request to recognize the increased percent cover(34%)and 2.5' rear yard setback contrary to zoning regulations adjacent to Corey Creek and in very close proximity to surface waters does not meet this policy. The sanitary waste system is not shown in the submitted materials. The function of the system is unknown. In the event the action is approved it is recommended that the Board require certification that the system is functioning. Further,storm water controls are also not shown on the submitted plans. It is recommended that the Board require storm water controls and compliance with Chapter 236. 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 LRECEIVEDCOUNTY OF SUFFOLK SEP ® 9 2019ng Board Of Appeals tp OFFICE OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Acting Commissioner Economic Development and Planning September 3, 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: 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. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Herwald, Laurene #7347 Gumper, Frank #7348 Pawlowki,Paul #7349 Mirro, Justin #7350 Very truly yours, Sarah Lansdale Director of Planning ' ��� .. Theodore R. Klein, Principal Planner TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 FORM NO. 3 TOWN OF SOUTHOLD RECEIVED 4 BUILDING DEPARTMENT SOUTHOLD,N.Y. 'JUL 3 a 2019 NOTICE OF DISAPPROVAL ZONING BOARD OF APPEALS DATE: July 15, 2019 TO: Patricia Moore(Gumper) 51020 Main Road Southold, NY 11971 Please take notice that your application dated April 5, 2019: For permit to: legalize "as built" additions and alterations to a single-family dwelling at: Location of property: 2400 Minnehaha Blvd., Southold, NY County Tax Map No. 1000- Section 87 Block 3 Lot 58 Is returned herewith and disapproved on the following grounds: The"as built" additions and alterations to the single-family dwelling, on this nonconforming 5,734 sq. ft. lot in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 280-124 which states; lots measuring less than 20,000 square feet in total size require a minimum side yard setback of 10 feet, a rear yard setback of 35 feet and maximum lot coverage at 20%. The "as built" construction has a minimum side yard setback of 9.1 feet, a rear yard setback of 2 feet 5 inches and lot coverage at 34%. I Az� Authorized Si at e 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. RECEIVED JUL 31 2010 73�9,, APPLICATION TO THE SOUTHOLD TOWN BOARD OF APP3MSG BOARD OFAPPEALS EfficeNotes: Filed By: Date Assigned/Assignment No. House No.2400 Street Minnehaha Boulevard Hamlet Southold SCTM 1000 Section 87 Block 3 Lot(s)_18 Lot Size 5,734 sQ.ft. Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED July 15,2019 BASED ON MAP(Site Plan by Vincent Benic)DATED 7-2-19 Applicant(s)/Owner(s): Frank&Joanne Gumper Mailing Address: 2400 Minnihaha Boulevard,Southold NY 11971 Telephone:-516-695-8628— 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 Esg. for(X )Owner,or ( )Other: Agent's Address: 51020 Main Road,Southold NY 11971 Telephone_631-765-4330 Fax#: 631-765-4643 Email: pcmoore(a,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 7-2-19 and DENIED AN APPLICATION DATED 4-5-19 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 XXHI Section 280-124 Subsection Type of Appeal. An Appeal is made for: S A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal❑has,E has not been made at anp time with respect to this property,UNDER Appeal No. 2311 Year_7/6/77 . (Please be sure to research before completing this question or call our office for assistance.) Shed in side yard I' RECEIVED JUL 31 2019 Name of Owner: Gumper ZBA File# ZONING BOARD OFAPPEALS REASONS FOR APPEAL(additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: The owner (Gumper) is the son of the original owners (Lohn & Von Lehn). The existing house was constructed in 1965 with a garage and covered porch. The covered porch was enclosed in 1971. Also in 1971 the existing elevated wood deck was constructed on the back of the house. The area to the north of the deck was concrete (patio) which appears on the 1969 survey. In 1977 the garage was converted to living area. When the ZBA granted the variance for the shed these structures were as they are today. The owners hired contractors and they believed that all the permits for these alterations made over the years had building permits and certificate of occupancy. Mr. Gumper's mother insisted that she had permits for "everything". The owner applied for some interior renovations (add a bathroom and add a closet to a bedroom). As a result of this building permit we discovered that the existing structures did not have certificates of occupancy. The"as built" permits were filed. The building department can not issue permits for the existing structures built in the 1970's without the requested variances. The existing decks, stairs, wooden lower deck and wooden walkways have Southold Town Trustees permits. In 1999 when the previously existing bulkhead (prior to 65)was to be replaced, the Trustees and NYSDEC approved construction of a new bulkhead in front of the existing bulkhead. This bulkhead necessitated a "wood bulkhead cap" which covers the old bulkhead & new bulkhead. This"wood bulkhead cap"is NOT part of this application. This cap is a marine structure. The Building Department has determined that the "172 sq.ft. wood walkway" located between the upper deck and the marine structure requires a variance because it is presently 12" above grade. The existing property has different elevations, it is higher by the road. The wood walkways are in some areas of the yard"at grade" and other areas at slightly above grade. This results in increasing an already high lot coverage calculations. In order to reduce the lot coverage the owner is proposing to raise the grade with pea stone. The pea stone would be placed under the existing wood walkway and next to the upper wood deck, all as shown on the drawing labeled A-501. The lot coverage will be reduced by bringing the grade "up to" the 172 sq.ft. wood walkways. In addition the peas stone is a pervious material and provide a very nice "non-turf"buffer around the existing walkways. The patio (east side-orange color) next to the deck is the original 1960's concrete patio which has been covered with wood decking (not counted as lot coverage). The wood patio (covering the patio)is on grade. The 215 sq.ft. rear deck which was constructed in 1971 is elevated 48" above grade and needs rear yard setbacks. This deck has not changed in size since 1971. Only the steps were relocated slightly away from the wall because the family would hit the open window (on the back of the house) when they used the stairs. A variance is required for the existing open deck. WEIVED 'JUL 31 20S -73 (2) The benefit sought by the applicant CANNOT be achieved by some mei %NP aiblePf&FttlePEALS applicant to pursue, other than an area variance, because: The improvements requiring variances were done between 1965 and 1971. Applying the setbacks of today are impossible. The lot coverage is primarily due to the wood decking. The lot is only 5,734 square feet in size and the proposed re-grading under the decking will make the decking more conforming. In addition, pea stone is highly pervious adjacent to the creek. (3) The amount of relief requested is not substantial because: The lot coverage is substantial, however, the waterfront lots on Minnehaha Boulevard are similarly non-conforming. The existing house and decks, all built in the 60's and 70's do not meet the code of 2019. By bringing the grade up to the walkways,the existing lot coverage can be reduced. The owner applied wood decking over the existing concrete patio and created walkways because of concerns for his safety. He needs a walker and a safe stable surface on the ground. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The house, when last improved after Super Storm Sandy added drywells, gutters and leaders. The decking remains pervious and the proposed pea stone will add good drainage material around the existing house.. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X )No. All improvements were made prior to Mr. Gumper owning the property. Once Mr. Gumper became the owner he obtained Southold Town Trustees and NYSDEC, permits, as required. The decking was on grade,to the extent possible. Are there Covenants and Restrictions concerning this land: H No. ❑Yes(please furnish copy). This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this box( ) IFA USE VARIANCE IS BEING REQUEST ND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure onsult you itlorney.) r'.r` re of Appellant or Authorized Agent r� (Agent must submit written Authorization from Owner) Sworn t@@ More methis V da of 4)w 20 ary Pub BETSY A. PERKINS (Votary Public, State of New York No.01 PE6130636 Qualified in Suffolk Countv Commission Expires July 18, f r, RECEIVED s JUL 3 1 2019 7-3 Y APPLICANT'S PROJECT DESCRIPTION ZONING BOARD OJ APPEALS APPLICANT: ng i& � PiL• DATE PREPARED: 1.For Demolition of Existing Building Areas Please describe areas being removed: A�t9/Ie H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: D'-'-L� e o-.SIy ck-d r- 1917 I Dimensions of new second floor: MOW Dimensions of floor above second level: �f&-Yk.A Height(from finished ground to top of ridge): o e Is basement or lowest floor area being constructed?If yes,please brovide height(above ground) $jt4 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: Q*cc.twel "L. Number of Floors and Changes WITH Alterations: 6 M4 IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 1 O -2t SE• Proposed increase of building coverage: - — t 'SF. �a -s;r° Square footage of your lot: '3 0. `f ►- Percentage of coverage of your lot by building area: IT V.Purpose of New Construction: Aa OtalF bAj 1963 -- 117-TI VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): \ � in ffiaA111vCori- F�lczr 1 t�/1 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 QUESTIONNAIRE �CEIED FOR FILING WITH YOUR ZBA APPLICATION JUL 3 12019 A. Is the subject premises listed on the real estate market for sale? ZONING BOARD OFAPPEALS Yes X No B. Are there any proposals to change or alter land contours? No XYes please explain on attached sheet. // allo '5F4e~ d�J Gum eK �1 C. 1.)Are there areas that contain sand or wetland grasses? /&c- avail 2.)Are those areas shown on the survey submitted with this application? %/e.S 3.)Is the property bulk headed between the wetlands area and the upland building area? yes 4.)If your 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: (G fit. a• and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? &a 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? �IU If yes,please submit a copy of your building permit and survey as approved by the Build'ng Depgrtme t and please _ ,, ) describe: I� itra� 4g� f'ouie COi-L?�t"J4'(07' //0' s � J 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. L/ H. Do you or any co-owner also own other land adjoining or close to this parcel? Alt, If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel ,�Cle_ //, and the proposed use Z9 of (ex: existing single family,proposed: same with garage,pool or other) Authorized signature and Date r t 7 7318 AtiitICULTURAL DATA STATEMENT RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD JUL 31 2M WHEN TO USE THIS FORM: This form must be completed by the appl?r-9NgW9JWcffiP&p LS, 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: -�ft�M �� i�h C�✓' l 2. Address of Applicant: 00 M t nn r kcj ha 0wd •.0 3. Name of Land Owner(if other than Applicant): —1-'Gyy" 4. Address of Land Owner: 5. Description of Proposed Project: Ae, h-c� 1 9 70s- � s 6. Location of Property: (road and Tax map � I number) 020 /A t nIq ' hG �G 1;�kyd �CUlj-k6 7. Is the parcel within 500 feet of a farm operation? { } Yes {'t�-5o 8. Is this parcel actively farmed? { } Yes KNo 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 t cci—of his page if there are additional property owners) Sign e of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 RECEIVED B Short Environmental Assessment Form JUL 3 12019 Instructions for Completing ZONING BOARD OF APPEALS Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information a� Name of Action or Project: !_ Project Location(describe,and attach a location map): ®2 L-[p ►�1® t Y1h t h G1�G `VJ / SC)-LdfA 6 l�" Brief Description of Proposed Action: �c`hr &.e i� "J (, AJ k..l�f s quire Name of Applicant or Sponsor: Telephone: T: o—v k `1 �J—o Q Vl n E-Mail: Address: � L IUB ( rN n hC ha �c VC] City/PO: State: Zip Code: e-1, o l d 119 -11 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? O O/ acres b.Total acreage to be physically disturbed? ® acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? ' 00/ acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, ` I NO YES N/A a.A permitted use under the zoning regulations? Rl� b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant charactergo e 'sty Mor n NO YES landscape? t/ 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: V.-I 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ✓ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: >/ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ✓ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? f 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. Idde}}�tify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: L9'Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? e/ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? G�NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: fdNO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in theimpoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? RCI 1V�� � 12 If Yes,explain purpose and size: "t / Z) ✓ 19.Has the site of the proposed action or an adjoining property been the I&AWIh o 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/sponsor na �I r<Ce a ��OO/�P Date: �` ✓�� Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 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 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency 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. RECEIVED13 Y 2 JUL 3 12019 ZONING BOARD OF APPEALS ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 iE. -73y V APPLICANT ZONING BOARD OF APPEALS TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) 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: Gumper,Frank J.and Gumper,Joanne M. 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 X 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 or employee has even a partial ownership of(or employment by) a corporation in which the Town officer or employee owns more than 5%of the shares. YES NO_X 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 check the appropriate line A through 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 sof 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 I day of l f Signature: �:A� Az, Fran .Gumper Fine .Gu per Patricia C.Moore � t qg Town of Southold RECEIVE, LWRP CONSISTENCY ASSESSMENT FORM JUL 8 12019 A. INSTRUCTIONS ZONING BOARD OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# - J - SF The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept.t. 0 Building Dept.t. © Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital El construction,planning activity, agency regulation,land transaction) (b) Financial assistance(e.g. grant,loan, subsidy) (c) Permit, approval,license, certification: Nature and extent of action: 'If:lc(s 7 Un 1 (As b cxikf) de,� a,,J Location of action: Site acreage: _ — Present land use: A a-c- f �� RECEIVED Present zoning classification: L-4 0 JUL 312019 Z01111IG BOARD 01App AL 2. If an application for the proposed action has been filed with the Town of Southold agency, a ollowing information shall be provided: (a) Name of applicant: Eramk= QOc (Sn ) 1yn®e'1K fi� nn , c (b) Mailing address: Q-4 CO �v1 ( � ( �G G (�WA . ryt daQW (c) Telephone number: Area Code G (d) Application number,if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No ET." 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. PrYes ❑ No ❑ Not Applicable o w ` ' S ) s bp- Attach additional sheets if n essaryaq aAf 1( 0- q r acU f V Tavel Wt to *,.�A OUT-- Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Polici Pages 3 through 6 for evaluation criteria 11 Yes 11 No Not Applicable Attach additional sheets if necessary ` Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes No NotA Applicable �� Y� D PP ECEIVED jyI 32019 :Zow1 r.BOARD OF APPEALS Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria 21"Yes © No 11 Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No MNot Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes [] No EE Not Applicable J11i 31201RECEIVED -73YX ZONING BOARD OF APPEALS Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Q Yes ❑ No 5Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No allot Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YesEl No Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. Se WRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No Not Applicable RECEIVED ZONING 60ARD®FAPPEALS Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. 11 Yes 1:1NoinwNot Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for eval ation criteria. ❑Yes 1:1 No Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; P ges 65 through 68 for evaluation criteria. ❑ Yes ❑ No Not Applicable Created on 512510511:20 AM 73yg RECEIVED Board of Zoning Appeals Application JUL 31 2699 AUTHORIZATION ZONING BOARD OFAPPEALS (Where the applicant is not the owner) We, Frank J. Gumper and Joanne M. Gumper as owners of 2400 Minnehaha Boulevard, Southold,New York (sctm: 1000-87-3-58 ) hereby authorize my attorney, Patricia C. Moore, to act as my agent to apply variance(s) on my behalf from the Southold Zoning Board of Appeals Frank J. Gumper Im Joanne M. Gumper a FoRW NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED TOWN CLERIC'S OFFICE SOUTHOLD, N.Y. JUL 3 1 ?019 ZONING BOARD OFAPPEALS -- CERTIFICATE OF OCCUPANCY No. ,Z.2 ............. Date ........ ...................0.0340mber..8., 19. :5. THIS CERTIFIES that the building located at ....$/S& . MInehabta-BlIrd...................... Street Map No .........M....... Block No. XX................ Lot No. ...=......PQ-Ut Q1d................................. conforms substantially to the Application for Building Permit heretofore filed in this office dated .............................J00tal*ll!.... 9-.., 19..4. pursuant to which Building Permit No. ..2548z.. dated ............. ...............0Gt0hej?....10, 19. .64,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 ........ ......... ............................................................................. The certificate is issued to ....Qi80s�t•• .1Ji�S'••�• 1rI3 �..........(MW .............................6 ............. (owner, lessee or tenant) H.D.apPgoV the aforesaid Il Wetezber 8�in B � 1965 by R. Villa ffAWj -� ................................................................................. Building Inspector c, FORM Na s i TOWN OF SOUTHOLD BUnDING DEPARTMENT Town Clerk's Office Southold, N. Y. RECEIVED 'Jul- 31 2010 ZONING BOARD��-AN��giS Certificate Of occupancy No. 092 ' . . . . . Date . 9gb?'11 T-.'Y. . . .6. . . . . . . .. . . ., 19.7.E . THIS CERTIFIES that the building located at ,24Q4. 11. JA �37.yft,! . . . Street Map No. . . . .. . . . . . . . Block No. . . . . . . . . . .Lot No. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . .July. . . . .16. . . . . . .. 19.77. pursuant to which Building Permit No. f.-QQ G:-:9405z dated . . .July. . • . .16. . . . . . . ., 19.77., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued islcees.aory- 111uylding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . The certificate is issued to . _ . . . B. .Laretta .Vom .helui. . .. . . . . . . . . . . . .. . . .. . . .. .. . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . . . . . . . . . . . . . . . . ... . UNDERWRITERS CERTIFICATE No. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . ... . HOUSE NUMBER . . . . . . . . . . . . . . Street . . . . N . . .. . .aha Blvd... . I . . .. . . . . . . . . . . . .. . . . . . ... . . Southold) N.Y. r � _ Building Inspector TOWN OF SOUTHOLD, NEW YOBS DATE.AutJ•....4, 1977 ACTION OF THE ZONING BOARD OF APPEALS RECEIVED 73V9 Appeal No. 231:1 Dated July 6i 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD JUL, 2019 To Jean Lohn & B. Loretta VOM Lehn Z©UAQWARD OF APPEALS Minnehaha Boulevard Southold, D1Y 11971 at a meeting of the Zoning Board of Appeals on August 4, 1977 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) I. SPECIAL EXCEPTION.By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9:55 R.M. (E.D.S.T.) upon application of Jean Lohn and B. Loretta VOM Lehn, Minnehaha Boulevard, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and 100-32 for permission to construct accessory building on property line. Location of property: East Side Minne- haha Boulevard, Southold, New York, bounded on the north by Prieto; east by Corey Creek; south by Vanderbeck; west by Minnehaha Boulevard. 2. VARIANCE, By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the Immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector( ) be confirmed ( ) be reversed. SEE REVERSE {��f ""` D ZONING BOARD OF APPEALS FORM ZB¢ Chai an Boar o Aaueal� y DECEIVED 7 JUL 3 12019 After investigation and inspection, the Board findsZQhNjWG"RD OFAPPEAL; applicants request permission to construct accessory building on property line, east side Minnehaha Boulevard, Southold, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all Properties alike in the immediate srkcinity of this property and in the same use district; and the variance will not change the character 06 the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Jean Lohn and B. Loretta Vom Lehn, Minnehaha Boulevard, Southold, New York be GRANTED permission to construct accessory building on property line, east side Minnehaha Boulevard, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. 4 Li r� :AJ..j IJ 4 L*-T77F GU�1 Id-00AA�uerk, To of Southold � w lk Now- iii... Papendiow p 121 r s o K �- v r GUMPER `o 2400 MINNEHAHA BLVD., SOUTHOLD SCTM: 1000-87-3-58 .., .. -. �._.. �. ......_. .._...._.. .. ._...-._. _ _gyp wr- t ul I 19, ■ "i a , Z T r*4 GUMPER 2400 MINNEHAHA BLVD., SOUTHOLD SCTM: 1000-87-3-58 P m r V \ -o rn GUMPER 2400 MINNEHAHA BLVD., SOUTHOLD SCTM: 1000-87-3-58 T T T T 5, X I © Google Calendar-Week of Sep X I *C Suffolk Times X i TR Signup I suffolktimes.com X IR 2400 Minnehaha Blvd-Google X -+- Av.google.com/maps/place/2400+Minnelialia+Blvd,+Southold,+NY+11971/@41.03595i 427204,86m/data=!3ml!le3!4m5!3m4!lsOx89e89a0036b2144d:Oxl440eb3lebea3... Q I N �r -Ift blvd Southold r ♦. �� - y p4 �- � Vic' -lr-a � --. � ''��'r 1.. r y AC7 -) Directions r .. .l-�.9 t, w Ir Vkr SEND TO YOUR SHARE r.;� �,' .+'� , y _+ ;•,,..,+, PHONE O s X00 q� O �— crn'a �7 't. Nom . `,"i •� AU GUMPER 2400 MINNEHAHA BLVD., SOUTHOLD SCTM: 1000-87-3-58 ° ° TOWN OF SOUTHOLD 13qg 4iy`l o r. BUILDING DEPARTMENT RECEIVED y� Gy r, „�'"""' t, TOWN CLERK'S OFFICE 'JUL 31 2M o ,7 S OUTHOLD, NY ZONING BOARD Of APPEALS BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 43960 ; Date: 7/15/2019 Permission is hereby granted to: Gumper, Frank 20 Deerfield Rd Port Washington, NY 11050 To: construct interior alterations and legalize "as built" garage conversion to living area as applied for with flood permit. Additional certification may be required. At premises located at: 2400 Minnehaha Blvd., Southold SCTM # 473889 Sec/Block/Lot# 87.-3-58 Pursuant to application dated 4/5/2019 and approved by the Building Inspector. To expire on 1/13/2021. Fees: SINGLE FAMILY DWELLING-ADDITION OR ALTERATION $235.20 AS BUILT- SINGLE FAMILY ADDITION/ALTERATION $364.00 Flood Permit $100.00 CO -ALTERATION TO DWELLING $50.00 Total: $749.20 i Bui Inspector TOWN. OF SOUTHOLD PROPERTY RECORD CARD )WNER I STREET 2„q�o VILLAGE I DIST. I COUNTY TAX MAP NO. LAND IMP. TOTAL DATE REMARKS: . ,COD s Ve lcm ,� 3 r OC � N n C= , rn f I , • • MEMO ME MENS■■■ME■O■OMM■■EM ONMEMEN MEMEMEMENNOMMNOM . "`„,..'t.*a •"...fit•• ■■■■■■ ■■■■■■■■.■■■.�■■■■� 0 on Mir, MEJEMINNEEMMEMEENNOME ■■■■�■■ ■NI■■IN■E■■■■■■■■�■■ w ■■■■��■■■�� ■i.■■■■■■■■■■■■■ ONEENSIME ONNOMME •. , ` ! `rlKounclation • Basement Ext. Wails Interior Finish r • : _ lar. ® _!� e • r CJ r S4 � V�I� V�' err � � error � ���■ ���� � ���� �,__— - OWNER . STREET VILLAGE ; DIST. SUB. LOT E ACR. FORMER 9WNER N /e�E-,r�► • L h/ , ,� p spy I µ ' TYPE OF BUILDING ,RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value t, LAND INCP. TOTAL DATE ' REMARKS - p 3 ,/ / / 0 06 7 �` o-6 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 v , µ Tillable 2 r � Tillable 3 Woodland Swampland FRONTAGE ON WATER r Brushland FRONTAGE ON ROAD House Plot DEPTH 0 Com_ tea\ BULKHEAD cC o T " DOCK `Total -JL4.-_.vr,Mrra�w. __ 1.-...�� _ _�11r�r�rlYr� r..e��+►11�- -`k w RECEIVED I I I .NNEHAHA BLVD JUL � 2019 ZONING BOAR®OFAPPEALS PAR. r.q PARCEL '4S8 PAROL '4s7 PAR "� N r LOHN '`•� Ho uVOM L �l, b 1 cove K ! Sllp CREE 1 I O N I NG !`"1.P o EA L 2 311 1 1 . LO H N + t/. L. vo M L x fJ M R0J.-C7- - ERL=C7' MOTAL STOrRAGE SNED5 ON LOT LINE, RACY( TO E ,SACK w�THauT Se-rt3AcN( j SCRE6NEG` WiTfJ SNRuDDERy i 1 PAA0F1- s7 SHED /APIRCL-L s8 JHr-D = 7' X lo' t SO-Azo - Ao' v I" DAFEo 7-6-77 • C 1 rr� At ..-- ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE : August 1 , 2019 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP 7348 GUMPER, FRANK 737 $1,500.00 RECEIVED outhold Town Clef TOTAL $1,500.00 Sent via Inter-Office to Town Clerk by: ES Thank you. 7,r.;•.awAr^x':cr?�*m.e+:sv^,-,„.!«�^ �.�, .Sv�+-7 y^�'Rt�'•; .-y�-":rr,'.-";-".c^n^,v--^;^x--•'m^^�, -. .-^'�'?".�'F',*s''^"'�„�� 7:_ `•T''� _ •:-i=4 _',�� 'i},T.'-"i"41.�1 ,4Y.. `Tye 1, MP 319 . GU 3P,EFis°`` PER 19:.'_}C �}f.a., .3Y`W Y."+�^ Y7^Y;T.-fJ 33l C:1M.•.ham )L'�'',t't y' ,F1 �,q'�Ji3AMNE�YM.�G.[IiV� •:> [.:'. ..Y�YY;'. n1Yx.,. :t. f:r M4'.,t..y,,� '.M`e.w;.y;•t:'';�-- ,�yt4� ,tY^ y.J JJ��r ..,�'y,� .Z'. ">f, .,'.%: .ti`"e i.. �!�6._.til�i•.'. } t'x:rx.i ''n'M1,5«..ate: u. �.,�9„y ,.20,DEERF.IELD'RD :,- tp.'':`, «- "- .q. .�;'?• .; .>.• _ 7.s:4, e•�.`, �sS�' ,':;:r�S'cS: :;-:r,•J„ ^. RRT;1hfAS111NGTN r3$Y':tirlp_50=4423 _... h rDatew'•s.:., t_,., R .Yt `x.. r'„r �``'' .F-`q�'i`.zu"'�ax: :'Sl'Ss':` v ..... ;.ss. 'J' ”^i.` :`t ''#&. �sH^.:•_:`�. -'l:v?`--tn` "'.?.:i4.. `''p ted. '�'�..'': �.)�. `� - nvK(' t ''' - =?- '.t,.:x`:ses?y4•_�`.�,- e go r t t::t :..�;::?' Y,`.rzya.2�y%:rig,'' a'f.v -''r.�"'v...,'�-t r!`✓ s.�'iHS�.:-',".. q}NY.y.�'�'vi' y.�'-'4y i'- ;�}� -1,`�;: ,"�'»n.':.5:`:>t`-••">`r. '';��; ..s-, y,�}• � � Y ry si Y..W� DoU3i5 Y=:l:.l;. nmao,ea: • �; ,1-. - ,.j"` -_.?- .:a'• _ _ �,r�;,te+,�_ i'•yy•°yam _ -�;y,.!�`- "a`-�� v A§-:;r;•..x f..�'!'� ,:Alabar :k CMBANK—N•A• For 22Jig ;. 4 g11FFOL,�c ' ELIZABETH A. NEVILLE,MMC ®� D�jy Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS coo Fax(631)765-6145 MARRIAGE OFFICER ,f, ®�. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �0,� �� 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: August 2, 2019 RE: Zoning Appeal No. 7348 Transmitted herewith is Zoning Appeals No. 7348 for Frank Gumper: 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) c 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) ,Property Record Card(s) Survey/Site Plan Maps- __,,/Drawings Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork- )wn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/02/19 Receipt#: 258725 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7348 $1,500.00 Total Paid: $1,500.00 Notes: Payment Type Amount Paid By CK#737 $1,50000 Gumper, Frank J Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Gumper, Frank J 20 Deerfield Road Pt Washington, NY 11050 Clerk ID: JENNIFER Internal ID*7348 E ,}d Ori;. BASIL A.PA,TEP.SQN 1� -jJC r cop.eS vT_C. v T-.Ai. v V )) r Afl%. Secretary of Sri t•• to STATE OF NEW YORK DEPARTMENT OF STATE 162 WASHINGTON AVENUE RECEIVED ALBANY,NEW YORK 12231 1E�- 5 201 August 20, 1981 Zoning EoaYd 6f AppPpId Dear Mayor Or Supervisor: If Your city, town, or village does not have a building code or fire code, a new state laza requires that you take action to enforce the existing State Building Code and State Fire Prevention Code on !larch 1, 1982, On July 22, 1981 Governor Carey signed'the State Uniform Fire Prevention and Building Cade legislation (Laws of 1981, Chapter 707) . Enclosure A sturmarizes this legislation. The major provision of this law is that a state:,lide Uniform Fire Prevention and Building Code be prepared for implemen- tation on January 1, 1984 ("New Code") . HOvever, the legislation requires that every local government which does not have a tarilding code or fire code in effect on March 1, 1982 crust enforce the existing State Building Code and State Fire Prevention Code ("Interim Code") . Enclosure B describes ho:.j copies of the Interim Codes may be obtained. Guidelines for administration and enforcement of the Interim Codes will be published in the State Register Ori September 16, 1981. Cities, towns, and villages withouilding codes or fire codes nest report to their respective counties on the measures taken or planned for the administration and enforcement of the Interim Codes. These reports crust be suhiLitted to the elective or appointive chief executive officer of the county by December 21, 1981. The Department of State will do all it can to ensure that the implemen- tation of the Interim Codes is efficiently and sncothly acccMlished. File are organizing a program of technical assistance to aid ccnTmmities without building or fire cedes. infornuticn and materials will be supplied as they become available. Meanwhile, the enclosures should-prove of assistance. Any questions you have concerning the Interim Codes, the New Code, or other aspects of the new law should be directed to the Office of Fire Prevention and Control, (518) 474-6746, Sincerely, Basil A. Paterson RECEIVED Zoning Board of Appeals t"^�„t v �� i11•` M1f.fir y, � r/ v+ir i I Enclosure A An Overview of Chapter 707 of the Laus of 1961 on November 21, 1980 the entire country was shocked by the deaths of 84 people in a fire at the 1.171 Gra-rd Hotel in Las Vegas, Nevada. Less than two weeks later "the fire that could not happen here" did, killing 26 people and injuring 24 more at Stouffer's Inn in Harrison, New York. That same day eleven other people died in fires across New York State. Such incidents called into question the adequacy of building and fire codes in the state and the effectiveness of their enforcement. To investigate these issues Governor Carey convened a Special Fire Safety Task Force chaired by Secretary of State Basil A. Paterson. Chapter 707 of the Laps of 1981 implements the Task Force's recommendations. The Task. Force found that a single, adequate, enforceable building and fire code does not exist in the state. There is instead a multiplicity of codes and code making authorities. Even so, extensive areas of the state have no code at all for the benefit of the general public. To remedy this the new law requires a t1ew York State Uniform Fire Prevention and Building Code to be applicable statewide effective January 1, 1984. In the interim, to protect the public where no codes exist, th& State Building Construction Code (Executive Law, Article 18) and the State Building Conservation and Fire Prevention Code (Executive Law, Article 18-A) will be applicable beginning Karch 1, 1982 in every local government which does not on that date have in effect such a code or which later repeals such a code. Local governments which have a building code or fire code will not be immediately affected by the new law. The Uniform Code will be developed by a broadly representative seventeen mer,- ber ccuncil composed of state officials, local officials, the fire service, and the construction industry. This will insure input from those by and against whoa the code will be enforced. The council will also periodically review the Unifcrm Code to ensure that it remains up-to-date. Local governments will be able to adopt more restrictive provisions for con- struction within their boundaries. They may also petition the council for a deter- mination that their local codes are as stringent as the Uniform Code; if so, the local codes could remain in effect. Local governments may also act on related matters as to which the code is silent. Enforcement of the code will be a local responsibility. Local goveriments could join tozether for enforcement of the code, or could agree directly with the county for county enforcement of the code. Local governments and counties could "opt out" of enforcement by local law, whereupon the state would be the enforcer of last resort. t-,Tiere local enforcement and administration is inadequate, the Secre- tary of State may, after holding hearings, take corrective action. The Secretat^f of State will administer an aid program for support of fire pre- vention and building code activities in local governments. Funds are allocated under new § 54-g of the State Finance Law in part on the basis of population and in part on the basis of property value. In addition to its provisions for the Uniform Code the new law addresses fire safety in areas of public assembly. Dealing with the interior and finishes rather than the structure of areas of public assembly, the new requirements will apply to buildings constructed after April 1, 1982, Existing buildings will have until April 1, 1985 to come into compliance. r Enclosure B Copies of State Codes Available Local goverr.erts which do not now have a building code or fire code and which will enforce the State Building and Fire Prevention Codes after March 1, 1982 may receive a ccriplementary set of codes by sending requests to: State Division of Housing and Da.-amunity Renewal Building Codes Bureau - Room 6026 Two World Trade Center Neti: Yorr., New York 10047 Telephone Dwaber - (212) 486-7138 Additional cozies cf the codes may be obtained by any municipality as follovis: Complete set of codes... . . . . .. .... ... . . .. .... . . .. . . .. .. . . . . ...... . . .... . ..$22.50 Individual Volumes: One-and Two-Family Dvielling Code Y 1.00 each Multiple Dwelling Code $ 3.00 each General Construction Code $ 4.00 each Ply,_,bing Cede $ 1.0,E each Fire Prevention Code $ 1.50 each Illustrited Code I•11anlial $12.00 each A municipal voucher, or a check payable to the Building Codes Bureau, should accompany all orders. i i rn - O ICE LOCATION: y��Of SOUT�y� MAZLnvG ADDRESS: AvilrWrown Hall Annex P.O.Box 1179 54375 State Route 25 Southold,NY 11971 c r Main Rd. &Youngs Ave.) ITelephone:631765-1938 NY 11971 G Q P LOCAL WATERFRONT REVITALIZATION PR lb-19- TOWN OF SOUTHOLD RECEIVED MEMORANDUM NOV 2 0 2019 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 November 20,2019 73��' Re: LWRP Coastal Consistency Review for ZBA File Ref FRANK AND JOANNE GUIYIPER SCTM No. 1000-87-3-58. 7-211W FRANK AND JOANNE GUNTER#W36-5-=Request for Variances from Article MM, Section 280-124 and the Building Inspector's July 15, 2019, Notice of Disapproval based on an application for a permit to legalize "as built'-' additions-and alterations to a single family dwelling; 1) located less than the code required side yard setback of 10 feet; 2) located less than the code required rear yard setback of 35 feet; 3) more than the code permitted maximum lot coverage of 20%; located at 2400 Minnehaha Blvd.,(Adj.to Corey Creek)Southold,NY. SCTM No. 1000-87-3-58. The proposed action has been reviewed to Chapter 268,Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available to me,the proposal is recommended as INCONSISTENT with the below LWRP policies. Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. The proposed action is located with the Residential 40 low density zoning district: �pnThe purpose of the Low-Density Residential R-40 District is to provide areas for residential y 1 development where existing neighborhood characteristics, water supply and environmental conditions permit full development densities of approximately one dwelling per acre and where open space and agricultural preservation are not predominate objectives. �S If approved,the action would set precedent and reinforce a traditional land use pattern of the Town of Southold that is not supported and in conflict with the purpose of zoning regulations and the bulk V M&`L 6V' schedule. Similar sized vacant,lots occur to the north and south of the subject parcel. The proposed action does not enhance community character,evident by the significant variances being sought nor t does it minimizes the adverse effect of development on ground and surface waters. Therefore,this policy is not met. Policy 4 Minimize loss of life,structures, and natural resources from flooding and erosion. The as-built structure is located within a FEMA Flood zone AE EL 8. This policy does not support the construction of single family residences within area subject to flooding and potential Ioss. The structures do not appear to be constructed to be flood tolerant.The request to recognize the increased percent cover (34%)over which that is permitted over zoning and within the Corey Creek watershed and in within a FEMA flood zone does not meet this policy. Policy 6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats. Corey Creek is a Significant Coastal Fish and Wildlife Habitat. These habitats have experienced and continue to experience human disturbance. This includes the adverse effects of adjacent land uses that contribute nutrient loading from sanitary waste and the potential use of herbicides and pesticides applied for property management. The build out of this parcel in very close proximity to Corey Creek is expected to contribute nutrient loading,VOC's through sanitary wastewater disposal and the potential application of herbicides and pesticides for property management. The amount of structure on the parcel achieves no benefit in the protection of Corey Creek. The rear yard is void of vegetation that would provide a buffer from the as- built development and structures. If approved,it is recommended to further this policy and those below,that the"new gravel fill to walkway"shown on the proposed site plan be replaced with a vegetated,non-turf buffer to mitigate the build out of this parcel. The vegetation should be comprised of native,salt tolerant species. Policy 6.3 Protect and restore tidal and freshwater wetlands. Wetlands within the Town of Southold are critical,natural resources that provide benefits including: open space,habitat for fish and wildlife,water quality enhancement,flooding and erosion protection, scenic value,and opportunities for environmental education. Wetlands and their benefits are also dependent upon the condition of adjacent lands which directly positively or negatively impact the systems. As-built development in watersheds and in close proximity to creeks has resulted in loss and impairments to the wetlands and their functions; cumulatively impacting the Town of Southold's ecosystem. The request to recognize the increased percent cover(34%)and 2.5'rear yard setback contrary to zoning regulations adjacent to Corey Creek and in very close proximity to surface waters does not meet this policy. The sanitary waste system is not shown in the submitted materials. The function of the system is unknown. In the event the action is approved it is recommended that the Board require certification that the system is functioning. Further,storm water controls are also not shown on the submitted plans. It is recommended that the Board require storm water controls and compliance with Chapter 236., 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 tea• ; V MAP OF F LAUGHING WATER i a4� ^yam` SECTI❑N NO 1 SOUTHOLD L 1..NY. - PROPERTY OF C. H. 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Q� NOTEI THECAVNPA W14,PE7AIN OWNERSHIP OFIDT9 iDIREQOR,OIUOFENViRDNMEN aAL B•'9 Y KT B.7.bS A TSEAS PUALIC WATfiR l9 SANITATION .b AVPILABLE 07HESF LOTS. Y \ 1 BOARD MEMBERS ��®F S® y® Southold Town Hall Leslie Kanes Weisman,Chairperson �® l® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes ® �@ Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �C®U �� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 9 Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 5, 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, DECEMBER 5, 2019. 10:40 A.M. - FRANK AND JOANNE GUMPER #7348 - Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's July 15, 2019, Notice of Disapproval based on an application for a permit to legalize "as built" additions and alterations to a single family dwelling; at, 1) located less than the code required side yard setback of 10 feet; 2) located less than the code required rear yard setback of 35 feet; 3) more than the code permitted maximum lot coverage of 20%; located at 2400 Minnehaha Blvd., (Adj. to Corey Creek) Southold , NY. SCTM No. 1000-87-3-58. 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: November 21, 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 r �.BONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.nortlifork.net November 4 , 2019 Re: Town Code Chapter 55 -Public Notices for Thursday, December 5, 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 November 18th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your signed, sealed and stamped 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 hearingproviding the returned letter to us as soon as possible; AND not later than November 25th : 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. J 2) Not Later November 26th : 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 December 3, 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 U (M�TIE U F H EARI 14 0 The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold : NAME : GUMPER , FRANK # 7348 SCTM # : 1000-87-3-58 VARIANCE : YARD SETBACKS REQUEST: LEGALIZE 0°AS BUILT" ADDITIONS & ALTERATIONS TO DWELLING , LOT COVERAGE DATE : THURS. , DEC . 512019 10:40 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 TYPESET Mon Nov 25 11 00.01 EST 2019 650 Town Creek Lane,(Adj to Town Creek) dwelling, at, 1) less than the code required LEGAL NOTICE Southold,NY SCTM No 1000-64-1-14.5& side yard setback of 15 feet,2)less than the SOUTHOLD TOWN 146 code required combined side yard setback of ZONING BOARD OF APPEALS 10:30 A.M.-935 SOUND BEACH DRIVE, 35 feet;3)more than the code permitted maxi- THURSDAY,DECEMBER 5,2019 LLC #7341 - Request for Variances from mum lot coverage of 20%;4)swimming pool PUBLIC HEARINGS Article III, Section 280-15, Article XXIII, located In other than the code required rear NOTICE IS HEREBY GIVEN,pursuant to Section 280-124 and the Building Inspector's yard,located at:1055 Sound View Road(Adj. Section 267 of the Town Law and Town Code June 10,2019,Notice of Disapproval based to Long Island Sound), Orient, NY. SCTM Chapter 280(Zoning),Town of Southold,the on an application for a permit to legalize"ac No. 1000-15-3-13 following public hearings will be held by the built"additions to an existing single family The Board of Appeals will hear all persons SOUTHOLD TOWN ZONING BOARD OF dwelling and legalize an"as built"shed,at,1) or their representatives,desiring to be heard at APPEALS at the Town Hall,53095 Main as built construction located less than the code each hearing,and/or desiring to submit writ- Road, Southold, New York on required front yard setback of 40 feet,2)as ten statements before the conclusion of each THURSDAY,DECEMBER 5,2019. built construction located less than the code hearing Each hearing will not start earlier 9:30 A.M,-CONO CINIINO#7338-Re- required side yard setback of 15 feet;3)as than designated above,Files are available for quest for Variances from Article XXIII,Sec- built shed is located in other than the code review during regular business hours and tion 280-124 and the Building Inspector's permitted rear yard; located at 935 Sound prior to the day of the hearing If you have June 12, 2019, Amended October 4, 2019 Beach Drive, Mattituck, NY SCTM No questions,please contact our office at,(631) Notice of Disapproval based on an applica- 1000-106-1-43. l�� 765-1809, or by email kimf@ tion for a permit to construct additions and 10:40 A.M. - rYIQK AND JOANNE southoldtownny.gov alterations to a single family dwelling;at, 1) GUMPER #735&- Request for Variances Dated-November 21,2019 less than the code required front yard setback from Article XXIIi,Section 280-124 and the ZONING BOARD OF APPEALS of 40 feet;2)less than the code required rear Building Inspector's July 15,2019,Notice of LESLIE KANES WEISMAN, yard setback of 50 feet,located at 155 West Disapproval based on an application for a CHAIRPERSON Shore Road, Southold, NY. SCTM No, permit to legalize "as built" additions and BY.Kim E Fuentes 1000-80-2-25 alterations to a single family dwelling,at,1) 54375 Main Road(Office Location) 9:40 A.M.-WILLIAM TODD JEFFCOAT located less than the code required side yard 53095 Main Road(Mailing/USPS) #7351-Request for a Variance from Article setback of 10 feet; 2) located less than the PO Box 1179 XXIII,Section 280-124 and the Building in- code required rear yard setback of 35 feet;3) Southold,NY 11971-0959 spector's August 7, 2019,Notice of Disap- more than the code permitted maximum lot 2420240 proval based on an application for a permit to coverage of 20%,located at 2400 Mmnehaha legalize an "as built" porch reconstruction Blvd.,(AdJ to Corey Creek)Southold,NY. attached to a single family dwelling, at, 1) SCTM No. 1000-87-3-58 located less than the code required front yard 1:00 P.M. - MICHAEL AND DEBRA setback of 40 feet;located at 2795 Bay Ave- HAHN#7345-Request for a Variance from nue, Mattituck , NY SCTM No. Article XXIII, Section 280-124 and the 1000-144-5-2. Building Inspector's June 26,2019 Notice of 9:50 A.M.-TRACY PECK AND DAVID Disapproval based on an application for a CORBETT#7340-Request for a Variance permit to construct additions and alterations from Article III, Section 280-15 and the to an existing single family dwelling;at, 1) Building Inspector's June 14,2019,Notice of located less than the code required minimum Disapproval based on an application for a side yard setback of 15 feet,located at 1250 permit to demolish an existing dwelling and Vanston Road, Cutchogue, NY. SCTM No. construct a new single family dwelling;at,1) 1000-111-4-7. existing accessory garage is located in other 1:10 P.M. - A L E K S A N D E R than the code permitted rear yard,located at MYFTARAGO#7346-Request for Varian- 1305 Sigsbee Road, Mattituck,NY. SCi'M ces from Article IV,Section 280-15 and the No. 1000-144-2-6 Building Inspector's July 30,2019 Notice of 10:00 A.M. - 1605 OSYL, LLC #7348 - Disapproval based on an application for a Request for Variances from Article XXIIi, permit to legalize an"as built"accessory ga- Section 280-124 and the Building Inspector's rage,at,1)located less than the code required August 13, 2019, Notice of Disapproval minimum rear yard setback of 3 feet from the based on an application for a permit to con- rear yard property line.2)located less than the struct additions and alterations to a single code required setback of 3 feet from the side family dwelling;at, 1) located less than the yard property line,located at 135 Oak Place, code required rear yard setback of 50 feet;2) Mattituck,NY SCTM No 1000-142-1-11. more than the code permitted maximum lot 1:20 P.M.-LAURENE HERWALD#7347- coverage of 20%,located at 1605 Shipyard Request for a Variance from Article XXIII, Lane, Southold , NY SCTM No. Section 280-124 and the Building inspector's 1000-64-5-30 July 26,2019,Notice of Disapproval based on 10:10 A.M.-JOAN COOKE#7342-Re- an application for a permit to legalize an"as quest for a Variance from Article XXIII,Sec- built"deck addition attached to an existing tion 280-124 and the Building Inspector's single family dwelling,at,1)located less than June 11,2019,Notice of Disapproval based the code required side yard setback of 15 feet; on an application for a permit to amend an located at 105 Krause Road,Mattituck,NY. existing building permit#42432Z for addi- SCTM No 1000-122-5-8 tions and alterations to a single family 1:30 P.M. - WILLIAM GORMAN dwelling;at, 1) less than the code required #7303SE - (Adjourned from October 10, front yard setback of 35 feet,located at 2205 2019)Request for a Special Exception pursu- Bay Avenue, East Marion,NY SCTM No ant to Article iII, Section 280-13B(1), the 1000-31-17-6 applicant is requesting to convert a single 10:20 A.M. -ERIN STREETER #7344 - family dwelling to a two-family dwelling; Request for Variances from Article IV,Sec- located,at 45805 NYS Route 25,Southold, tion 280-18 and the Building Inspector's May NY SCTM No. 1000-75-2-14 10,2019,Notice of Disapproval based on an 1:40 P.M.-ELIAS AND JEANNINE KAS- application for a subdivision to re-create two SAPIDIS #7336 - Request for Variances previously legal lots merged by Town Law,at, from Article III, Section 280-15, Article 1) proposed lot will be less than the code XXIII,Section 280-124,and the Building In- required minimum lot area of 40,000 sq ft,2) spector's April 1,2019,Amended November proposed lot will be less than the code re- 14,2019,Notice of Disapproval based on an quired minimum lot width of 150 feet, 3) application for a permit to demolish an exist- proposed lot will be less than the code re- ing dwelling and reconstruct a single family quired lot depth of 175 feet;located at 400& #0002420240 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Kimberly Gersic of Mattituck, in said county,being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES ,a weekly newspaper,published at Mattituck,in the Town of Southold,County of Suffolk and State of New York,and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 11/28/2019 . Principal Clerk Sworn to before me this 6) day of Z RISTI\A VOLiNSi<r IOTARY PUBLIC-STATE OF NEW YORK No 01V06105050 Qualified in Suffolk County Commusion Expires February 28.2020 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. 73L SOUTHOLD, NEW YORK 6(, PEP— ' A AJ V_ AFFIDAVIT OF In the Matter of the Application of: MAILINGS VLMA �� (Name of Applicant/Owner) Q�I 2ADO 1 11(�(�� �( A&j�Wf& SCTM No. 1000- (Address of Property) �A6d (Section, Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, (\/*") Agent U \ SiahboAA residing at New York, being duly sworn, deposes and says that: On the � rJ day of `' , 2019 , I personally mailed at the United States Post Office in��c�yY�np��, ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the (,,f 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. (Sig e) Sworn to before me this q /S` day of ffO U' , 20 �/ MARGARET C RNEW C NOTARY PUBLIC,STATEE OF OF NEW YORK otary Public) Registration No.01RU4982528 Qualified in Suffolk County My Commission Expires June 3,-La-09 3 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. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. TM Postal DomesticCERTIFIED MAIL@ RECEIPT Er s Er • Fi it i _ t Certified Mad Fee $ Extra Services&Fees(checkbox,add fee propdate)� r••9 ❑Return Receipt(hardcopy) $ �• O ❑Retum Receipt(electronic) $ to mark E3 []Certified Mail Restricted Delivery $ ., )" Here C:3 ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ s •,,� Er-. Postage_ 0 -- ---� M ' CO Town of Southold C3 PO Box 1179 -- , l ` Southold,NY 11971 f -------------- r— 1 • , o . co .. -MaiiOnly Er mm-m— "�....„S 19 J 2231 Cr Certified Mail FeO 1 � Lt.Services&Fees(checkbox,add fee aseppfipnafdyl— r-9 ❑Return Receipt(hardcopy) $'7��''�''w. ° ❑Return Receipt(electronic) $/ n POSfilark+ C3 ❑Certified Mall Restricted Delivery _L="'�.-- �)� Here 1 O []Adult Signature Required IS 5a 0 ❑Adult Signature Restricted Delivery$ ( �` J 0-• Postage i r � It a + Belfi Deborah Rev Trt r I 561 Lakeview Ave Rockville Center NY 11750 ----------TM - Postal CERTIFIED o RECEIPT fL Domestic Mail Only J C3 Certified Mad Fee i, �10\ .�" Extra Services&Fees(checkbox,addle as roprfate) ❑Retum Receipt(hardcopy) $ -�` ❑Return Receipt(electronic) $ L �7,postmark C ❑Certified Mail Restricted Delivery $ et'e% O ❑Adult Signature Required $ �+. '3' "..sur C3 ❑Adult Signature Restricted Delivery$ . ..�•' ` IIPPostage Q' $ 1 O Tot M .0 $ er Scott&Julia Olser o S�1e 2353 Minnehaha Blvd •------------ j Southold,NY 11971 _____________ I :11 1 10 111•I , r - SECTIONE THIS A. Sig t r ❑Agent ■ Complete items 1,2,and 3. X // 0 Addressee ■ Print your name and address on the reverse rinted Name) C.Date of Delivery So that we can return the card to you. B. Received by(P ■ Attach this card to the back of the mailpiece, ❑Yes or on the front if space permits. D. Is delivery address different from(tem 1 elow: [3 No 1. Article Addressed to: �__--- - If YES,enter delivery address b 4IIi �1 Town of Southold I PO Box 1179 = 11971 s® Southold,NY J 3. Service Type 0 Priorly Mail Expresr ❑Registered Mail Restricted Ger ' 1 ❑AdUit Signature IIIIIIIiI IIII I,I I�I�IIII'IIIIIII IIII IE I III ❑Adult Signature Restricted Delivery ❑RetVery�Mad Restr c e ❑Certified Mad® ❑Return Receipt for ❑Certified Mail Restricted Delivery Merchandise 9590 9402 5397 9189 4395 60 ❑Collect on Delivery ❑Signature Confirmatiod" ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation ransfer from service label) ElInsured Mad Restricted Delivery 2, Article Number R ❑Insured Mad Restricted Delivery (over$500) Domestic Return Receipt 1 Ps Form 3811,July 2015 PSN 7530-02-000-9053 ' _t COMPLETE THI S SECT;ON ON DELIVERY COMPLETEi SENDER: • A. ature 0 Agent t ■ Complete items 1,2,and 3. X [3 Date 4 ■ Print your name and address on the reverse p, Date of Delivery so that we can return the card to you. g Rec ivad by(Printed Name) ■ Attach this card to the back of the mailpiece, j 4 or on the front if Space permits- D. is elivery address different from item 1? if YES,enter delivery address below: p No t II Scott&Julia Olser 2353 Minnehaha Blvd I j Southold,NY 11971 `- 3. Service Type d Priorly Mad Express® l ❑Registered Mai1Tm l III IIIIII IIII IIII II I IIII I IIIIII II II IIIIIII I III 0 Adult re ❑Adult Signa ure Restricted Delivery ❑De iveiyed Mail Restricted ; ❑Certified Mail® De every 9590 9402 3554 7305 7831 90 ❑Certified Mail Restricted Delivery Q Return e and Selptfor ❑Collect on Delivey ❑gi nature ConfiirmationTM' }} E]Collect on DeUvery Restricted Delivery [3 Signature Confirmation 2. Article Number(transfer from service IabeO ❑Insured Mail Restricted Delivery ❑Insured Mail Restricted Delivery (over$500) Domestic Return Receipt PS Farm 3811,July 2015 PSN 7530-02-000-9053 ON DELIVERY i COMPLETE CTHIS OMPLETE ■ Complete items 1,2,and 3. A. Signature ,r 13 Agent ■ Print your name and address on the reverse x ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ` ■ Attach this card to the back of the Mail piece, ! i or on the front if space permits. D._- 1. Article Addressed to: _ _ - l _� - Is delivery address different from item 1? ❑Yes j If YES,enter delivery address below: ❑No l` Belfi Deborah Rev Trt ,T 561'Lakeview Ave ` Rockville Cei3ter,NY 11750 3. Service Type O Priority Mail Express® 4 II I IIIIII IIII III I IIIIIII IIIIIIII IIII VII I I I III ❑Adult Signature 11 Registered Mall R ❑Adult Signature Restricted Delivery y❑Registered Mail Restricted ❑Certified Mail@ Delivery 9590 9402 5397 9189 4395 77 ❑Certified Mall Restricted Delivery ❑Retum Receipt for i 13 Collect on Delivery Merchandise r [3 Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM' Ij 2. Article Number(transfer from service label) ❑Insured Mail El Signature Confirmation I El insured Maii Restricted Delivery, ery Restricted Delivery Ili E I iijj��!;t I li li ilE I(over$50o)I { tltfi III 1 Domestic Return Receipt- PS eceipt PS Form 3811,July 2015 PSN 7530-02-000-9053 I i- l ' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF GUMPER POSTING #7348 Regarding Posting of Sign Upon Applicant's Land Identified as 1000-87-3-58 ---------------------------------------------------------------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 25TH day of November, 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, December 5, 2019 at 10:40 a.m. . &icia . Moore Sworn to before me this day of Notary BETSY A. PERKINS Notary P licublic, State of New York No.01 PE6130636 Qualified in Suffolk Coun Commission Expires July 18, *near the entrance or driveway entrance of the property, as the area most visible to passersby i BOARD MEMBERS OF SUUTyO Southold Town Hall Leslie Kanes Weisman,Chairperson ,`O l0 53095 Main Road •P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes app Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �Cou +� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809.Fax(631)765-9064 August 1, 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 #7348 Owner/Application : GUMPER, Frank Action Requested : Subdivision of merged properties. 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 Ch ' erson By- 1 Encls : Site Plan : Venci Benic Architect- Dated : 7/2/19- i BOARD MEMBERS ��OF SO!/Ty0 Southold Town Hall Leslie Kanes Weisman,Chairperson �� 1p 53095 Main Road •P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �p� Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento yCou ,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS I TOWN OF SOUTHOLD AUG 0 12019 Tel.(631)765-1809•Fax(631)765-9064 southol Town August 1, 2019 Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. # 7348 GUMPER, Frank Dear Mark: We have received an application to legalize "as built" additions and alterations to existing single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: F- Encls : Site Plan : Venci Benic Architect Dated : 7/2/19 BOARD MEMBERS ��OF SOUTy� Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Town Annex/First Floor, Robert Lehnert,Jr. 'O 54375 Main Road(at Youngs Avenue) Nicholas Planamento l�Cf�(f Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 December 24, 2019 Patricia Moore, Esq. 51020 Main Road Southold,NY 11971 Re: ZBA Applications#7348 Gumper, 2400 Minnehaha Blvd, Southold SCTM No. 1000-87-3-58 Dear Mrs. Moore; Transmitted for your records is a copy of the Board's December 19, 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. 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