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( ) Do mailing lab._, ` V i I J 00 'f� l�.c�l�f�� r✓mob • _{1� S �1� ulas��ti yala,� , INt airs BOARD MEMBERS ®f S0 Southold Town Hall Leslie Kanes•Weisman,Chairperson �� y® 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes VIP Town Annex/First Floor, Robert Lehnert,Jr. ® ® �Q 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoCon Southold,NY 11971 9 RE. http://southoldtowiiny.gov & �uo la: i3wuk ZONING BOARD OF APPEALS J U L - 1 2020 TOWN OF SOUTHOLD u, n Tel.(631)765-1809 •Fax(631)765-9064 So old Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 25, 2020 ZBA FILE: 7377 NAME OF APPLICANT: Edmund Franco PROPERTY LOCATION: 15919 NYS Route 25 (Main Road),East Marion,NY SCTM No. 1000-23-1-8.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 16, 2019 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated February 27, 2020. Based upon the information provided on the LWRP Consistency Assessment Form submitted as well as the records available, it is recommended that the proposed solar panels located in other than the code required rear yard is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. The "as built" six-foot-high fence is recommended as INCONSISTENT with "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" and the LWRP. The fence was installed without proper review. It is the Board's determination that mitigation has been well supported by the fact the fence is located more than 500 feet from the Main Road, and is not substantial in light of the location of surrounding properties, and therefore CONSISTENT with LWRP policies. SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT: This application was referred to Suffolk County Soil and Water Conservation District (SCS&WCD) for review and comment and the SCS&WCD issued its reply dated January 16, 2020 indicating an inventory, evaluation of the site occurred on January 3, 2020. The agency commented that the proposed solar array possesses little environmental impacts. The solar array will create some rain water runoff, but due to its size, any runoff will be captured by the adjacent ornamental gardens which will act as a bio infiltration system. The agency also included in their findings several methods to prevent stormwater runoff and maintaining stabilization of soils and the bluff; such as limiting the use of irrigation in close Page 2, June 25,2020 #7377, Franco SCTM No. 1000-23-1-8.1 proximity to the bluff; and restrict the use and storage of heavy equipment as far as possible from critical areas such as bluffs and any unstable soils. PROPERTY FACTS/DESCRIPTION: The subject property is a conforming 94, 636 sq. ft. waterfront parcel in the R-80 Zoning District. The parcel is a flag lot having access from NYS Route 25 with no visible roadway frontage. The parcel has 140.56 ft. of frontage along Long Island Sound, then runs 241.92 ft. south, where it turns 44.45 ft. east before returning 112.4 ft. south, then 15 ft. east to the beginning of the flag portion of the property. The flag portion then runs 721.26 ft. south to NYS Route 25, where there is a 15 ft curb cut. The parcel then runs 458.94 ft. north along a flag section to the southern property line where it turns 183.13 ft. west, then returns 509.65 ft. back to Long Island Sound. The neighboring property owners share a right of way over a portion of the applicant's driveway for access to the adjacent Long Island Sound beach. The parcel is currently improved with a two-story frame house with attached wood decks, a wood arbor, an as built six-foot fence located in the front yard, an accessory garage, and an accessory swimming pool, all as shown on survey prepared by Nathan Taft Corwin, III, L.S., last revised November 8, 2019. BASIS OF APPLICATION: Request for Variances from Article IIl, Section 280-15; Article XXII, Section 280- 105(A); and the Building Inspector's October 18, 2019, Amended October 30, 2019 Notice of Disapproval based on an application for a permit to legalize an "as built" six (6) foot high fence in the front yard of a single family dwelling and to construct accessory mounted solar panels; at, 1) proposed solar panels located in other than the code required rear yard; 2) "as built" fence is more than the code permitted maximum four (4) feet in height when located in the front yard; located at 15919 Route 25, (Adj. to the Long Island Sound)East Marion,NY. SCTM No. 1000-23-1-8.1. RELIEF REQUESTED: The applicant requests a variance to legalize an existing "as-built" 6-foot-high fence in the front yard where fences shall not exceed four feet in a front yard. A variance is also, requested to construct ground mounted solar panels in the front yard of a waterfront property with a front yard setback of 34 feet where a 60-foot minimum front yard setback is required by code. ADDITIONAL INFORMATION: As per written and oral testimony from the applicant's agent,the existing fence was constructed without a permit. The proposed solar array is sited to get the best location for maximum sun exposure. Letters of support were sent to the Board from two of the adjacent neighbors. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 5, 2020,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. The subject property is a flag lot with a frontage on Long Island Sound that is significantly screened on its south, east, and west sides by landscaping. The portion of the existing 6-foot fence that lies in the front yard is not visible from Route 25 and is approx. 550 ft north of that road. The proposed solar array will also be screened from view by any adjacent property owner by the existing fence and landscaping such that it will be barely visible. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The neighboring homeowners to the south have a right of way for beach access. The 6-foot fence is required for privacy and cannot be maintained without a variance. The Page 3,June 25,2020 #7377, Franco SCTM No. 1000-23-1-8.1 . placement of the solar array in the front yard is necessary to maximize exposure and efficiency. It is the only feasible location and'as such,variance relief is required. 3: Town Law V67-b(3)(b)(3). The variance granted herein for the as built fence is technically mathematically substantial representing 100% relief from the code, but is not substantial in light of the location of the fence being. approximately 550 feet north of NYS Route 25, and not visible from the road or neighbors. The variance for the front yard setback for the solar array is mathematically substantial, representing 56 % relief from the code. However, the relief sought is for a non-habitable solar array which is low in profile and will not be visible to the street or adjacent properties due to distance and landscape screening. 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 fence will only be visible to the applicants and neighbors accessing the beach through the right of way. The solar array will also be essentially invisible to neighbors and further screened by the as-built fence. The solar array will also have a positive impact on the environmental conditions. The applicant must comply with Chapter 236 of the Town's'Storm Water Management Code. 5. Town Law X267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed`that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. The difficulty with this site stems from the flag lot configuration. 6. Town Law X267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an as-built fence, and solar array while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Lehnert, seconded by Member Dames, and duly carried,to GRANT the variances as applied for and shown on the survey prepared by Nathan Taft Corwin, III, Land Surveyor, dated November 8, 2019. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays . and/or a possible denial by'the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code: This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Page 4,June 25,2020 #7377,Franco SCTM No. 1000-23-1-8.1 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 Acampora,Dantes, Lehnert,Planamento, and Chairperson Weisman(5-0), 1 r L"-I Leslie Kanes Weisman, Chairperson Approved for filing 6 146 /2020 o UND AN 1 ONG ISLAND RECEIVED SURVEY OF PROPERTY LONG ON `o/\4115 1°�0 3 NIG WAR K cl'iNoV 18 20�� SITUATE N 1 N EAST MARION 0� [Zoning 3o�Ot ecllS TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-23-01 —8. 1 SCALE 1 "=30' OCTOBER 27, 2000 \ d? Z NOVEMBER 10, 2000 (LOCATED POND, SET STAKES) \ W FEBRUARY 25, 2012 STAKE WEST PROPERTY LINE 0. e OCTOBER 14, 2015 UPDATE SURVEY AND ADD TOPO. \ a SEPTEMBER 17, 2019 FINAL SURVEY NOVEMBER 8, 2019 ADD PROPOSED SOLAR PANELS H\ o AREA = 94,636 sq. ft. 2.173 ac. y � x o O cn y \ y \\ con 3 O y '0 �O •O \ T� N � 0 \ � o L 'IAS 00 ISE �\ 1��.�5NG MON• VIEWED DY ZDA COASTAL EROSION HAZARD LINE AS SCALED FROM SEE D E C'$ O N p¢ J, _ Z _-PHOTO NO. 47 647-83 ZSHEET R7AOMA4 - DATED N F / \ m z U1(71 100.0' a 0 00 o W A DECK omno \ m o o nn $ WO°D 1 nZ p OECK y / W000 24.6 rn CP o WO 4. CP % 6 331 b p� - \r15 .1\ AME NOvs ' 20.9. \ \N a FR 01 5.2 a R�� 2 `c \ ORS a ,L iv E oo Q 0dDECK 541 DECK v a \ W0ov m r? R R W�0 nn UAd to� 1 Cly w�Rf '�4Z O tml0 � > Z 114 -CA HOBS j i N 77; N C> >� N O dr. %134m /moi n % N to , i3. $1* a o Z lei %,A . V. o 1 \ 9 o m o FAME G Roots • a •• 01 WOOD TIErn '• O 5 a • ��\ a�G � WALL & STEPS • . 03 4 .1 \ / 4D.di \0 pODR OE K b rjpLP`R COYER 1iii: o O OWER 0� P� 1, O \ \p • a' UR B \ m y5 \ow. CONC. MON, •.a \ \ A tO P'1 v-4$Z DR • n \ �(31 x�� N cn ! d, •• '� •a \ x/INCE \ Wo . •• '�. d �• oy .IW 2• �1 \ +30 0 �2°53 g d. sr 4UA ,� m O0 0 0. f o ro N V? \ O ••• �� J g; • c C;� d , r Ile \ , o \ Z ` • ; \ m , FOUND �mo��. \ ` "•.4 \ O o• �� ✓`ate \ l o' • : O \ � \ � •oma 4 \ O0 , ddb \ �•. •\ f C3� o .� GO o \ y9 \oo �'• 'aPREPARED ACCO ; H WITH THE MINIMUM STANDAR SI FOR TIITLEANCE SURVEEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED AND ADOPTED ocn.� o� FOR SUCH USE BY_To 81_-THE YORK STATE LAND a \ �s ! \ ?, TITLE ASSOCIATION. a •�, \G x 41 a yLn r a C, m�.3 > ;,tee•. C_`:.� �y.s�,a,'� $7� \ K.Y.S.ISSLic. No. 50467 `� 4• � � UNAUTHORIZED ALTERATION OR ADDITION ` W4 \, ` TO THIS SURVEY IS A VIOLATION OF \ U� d' 4 W SECTION 7209 OF THE NEW YORK STATE \ y � Nathan Taft Corrin III EDUCATION LAW. l COPIES OF THIS SURVEY MAP NOT BEARING Land Surveyor THE LAND SURVEYOR'S INKED SEAL OR 4 EMBOSSED SEAL SHALL NOT BE CONSIDERED \ � ` � ' TO BE A VALID TRUE COPY. • CERTIFICATIONS INDICATED HEREON SHALL RUN \ � / �� ap to;. IS PREPARED, AND ON HIS BEHALFHE TO THESUREY \ GO G G��p4�°� �J•' SR• Successor To: Stanley J. Isaksen, Jr. LS. TfRE COMPANY, GOVERNMENTAL AGENCY AND Joseph A. Ingegno L.S. LENDING INSTITUTION LISTED HEREON, AND Title Surveys — Subdivisions — Site Plans — Construction Layout TO THE ASSIGNEES OF THE LENDING INS Y Y TUT10N. CERTIFICATIONS ARE NOT TRANSFERABLE. \ • . :;�R�.... '• '` PHONE (631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHT OF WAYS 1586 Main Road P.O. Box 16 AND/OR EASEMENTS OF RECORD, IF Jamesport, New York 11947 Jamesport, New York 11947 ANY, NOT SHOWN ARE NOT GUARANTEED. 20-579E Pacifico Engineering PC _ Engineering Consulting 700 Lakeland Ave, Suite 26 C Ph:631-988-0000 Bohemia, NY 11716 - - P Fax:631-382-8236 www.pacificoengineering.com G F solar@pacificoengineering o October 25,2019 1 Town of Southold RECEIVED Building Department 54375 Route 25, P.O. Box 1179 N 0 V 21 Southold, NY 11971 2039 Subject: Solar Energy Installation for Zoning Board of Appeals Edmond Franco 15919 Main Road East Marion, NY 11939 I have reviewed the proposed renewable energy installation at the subject address.The structure can support the imposed live and dead loads.The units are to be installed in accordance with the manufacturer's installation instructions. I have determined that the installation will meet the requirements of the 2015 International Building Code-3rd Printing modified by the NYS Buidling Standards and Codes'2017 Uniform Code Supplement,and ASCE?-10.when installed in accordance with the manufacturer's instructions. The climactic and load information is below: CLIMACTIC AND Ground Wind Live load, GEOGRAPHIC DESIGN Exposure Snow Load, Speed,3 pnet30 per CRITERIA ` Category Pg sec gust, ASCE 7, mph psf Ground Mount C 20 130 21.49 Solar Array �E OF NEh,y �,�P �QH RA p9 r Ralph Pacifico, PE Professional Engineer N 066182 Ralph R�667 8 P� ngfneer NY 0661821 NJ 24GE04744306 l GREENLOGICO ENERGY GreenLogic,LLC Approved Edmond Franco 15919 Main Road East Marion,NY 11939 Surface#1: Total System Size.5.40kW Array Size:5.40kW 1 Circuit of 10 on a 20a Breaker 1 Circuit of 5 on a 20a Breaker Azimuth:153° Pitch:25' Monitoring System: N SunPower Panel/Array Specifications: Panel:SPR-X22-360-E-AC Racking:Iron Ridge XR 1000 Panel:61.39"X 41.18" Array:25!10"X 10'5" Legend: ® SunPower36OW Panel Notes: N � Engineer/Architect Seal: CL OF PAC/ 0 , ® � o 3 ao * O �j r- U 7 CO Z I n ' � � 1 N�A9 066182 OFESS10 Drawn By:MVP Drawing#1 of 4 Date:10/17/19 REV:A Drawing Scale:3/16"=1.0' i GREENLOGIC® ENERGY GreenLogic,LLC Approved Edmond Franco 15919 Main Road East Marion,NY 11939 ut Surface#1 Q Total System Size:5.40kW c� C" < Array Size:5.40kW N 1 Circuit of 10 on a 20a Breaker > c 1 Circuit of 5 on a 20a Breaker V o Azimuth:153' C13 Pitch:25° Z Monitoring System: N SunPower Panel/Array Specifications: Panel:SPR-X22-360-E-AC Racking:Iron Ridge XR 1000 Panel:61.39"X 41.18' Array:25'10"X 10'5" Legend: ® SunPower 360W Panel - 6- Notes:' Engineer/Architect Seal: CFy EWO P 'AciF��p�� ZS C? F 06618`Z oAR�FESS%��P� • --- \ Drawn By:MVP Drawing#2 of 4 Date:10/17/19 REV:A 24"x36" Concrete Footing Drawing Scale:3/16"=1.0- Ground Mount Detail GREENLOGIC® ENERGY Gree Logic,LLC Approved Edmond Franco 15919 Main Road East Marion.NY 11939 Surface#1: Total System Size:5.40kW Array Size:5.40kW 1 Circuit of 10 on a 20a Breaker 1 Circuit of 5 on a 20a Breaker Azimuth:153° 3 Rows Of 5 Pitch:25" 15 SunPower 360W AC Panels Monitoring System: N (SPR-X22-360-E-AC) SunPower a �1' Panel/Array Specifications: Panel:SPR-X22-360-E-AC Racking:Iron Ridge XR 1000 Panel:61.39"X 41.18" p CO!, ® Array:25'10"X 10'5" L O v � 0 3-5 316" Legend: a 0 CO ® SunPower 360W Panel �i ED -®—' 25" i (V Notes: T-6" - Engineer/Architect Seal: • L { of IvFiy , PACO C yO Ground Mount Specification W GM Array-Pitch =25 degrees — 'g Concrete-Footing Dimensions= 24"X 36" s = tP Rail =Iron Ridge XR-1000 �0A 06618`_ Pipe Requirements =2"ASTM A53B Schedule-40 Steel R�Ffissl0NP�" Attachment Method: 4-3/8"x7" threaded rod set in Hilti HY-150 epoxy. UniRac threaded base foot is secured to threaded rod with 3/8"washer, lock washer and Drawn By:MVP Drawing#3 of 4 Date:10/17/19 REV:A Drawing Scale:3/16"=1.0' GREENLOGIC� ENERGY GreenLogic,LLC Approved ® in Edmond Franco ,® ro 15919 Main Road o� n East Marion,NY 11939 poN 4 Surface#1: H O � Total System Size:5.40kW w (a Array Size:5.40kW � > 01 Circuit of 10 on a 20a Breaker CD co Z � 1 Circuit of 5 on a 20a Breaker c c Azimuth:153° 0 Pitch:25° Monitoring System: N SunPower Panel/Array Specifications: Panel:SPR-X22-360-E-AC 1 Racking:Iron Ridge XR 1000 Panel:61.39"X 41.18" Array:25'10"X 10'5" 1 Legend: ® SunPower36OW Panel 2 Notes: Engineer/Architect Seal: ,(SOF "thr N PA%�°po�� r` .00 066182 9��ESS40�P� Drawn By:MVPDrawing#4 of 4 Date:10/17/19 REV:A Drawing Scale:3/16"=1.0' ung � ��z • Sit.fv WaWA OFFICE LOCATION: �` 4 3f so MAILING ADDRESS: Town Hall Annex P.O. Box 1179 I 54375 State Route 25 Southold,NY 11971 or.Main Rd. &Youngs Ave.) Telephone: 631 765-1938 � Southold, NY 11971 ® Q P c®U � a l NN, LOCAL WATERFRONT REVITALIZATION PROG DECEIVED TOWN OF SOUTHOLD -13-7 7 FES S 7 2020 MEMORANDUM Zoning Board Of Apps=als To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry,AICD `' " : • x -' Assistant Town Planning Director LWRP Coordinator ' Date February 27, 2020 Re: LWRP Coastal Consistency Review for ZBA File EDWARD D.FRANCO#7377 SCTM# 1000-23-1-8.1. EDWARD D.FRANCO#7377 request for Variances from Article III, Section 280-15; Article XXII, Section 280- 105(A); and the Building Inspector's October 18,2019,Amended October 30,2019 Notice of Disapproval based on an application for a permit to legalize an"as built"six(6)foot high fence in the front yard of a single family dwelling and to construct accessory mounted solar panels; at, 1)proposed solar panels located in other than the code required rear yard; 2)"as built"fence is more than the code permitted maximum four(4)feet in height when located in the front yard; located at 15919 Route 25, (Adj. to the Long Island Sound)East Marion,NY. SCTM No. 1000-23-1-8.1. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based-upon the ' information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed solar panels located in other than the code required rear yard is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. The"as built" six foot high fence is recommended as INCONSISTENT with"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" and the LWRP. The fence was installed without proper review. 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 1– ^� ~ .':~' SunomCountywvn.uL~��w�"-- Corey Humphrey, ~"3*mnngAvenue ^ o��mt Manager Suite 110 ~— (631)852-3285 n/w,rxwuu'mv11901 ��~ Rob Carpenter vmww.munv|xommo.v,n �K ~ . Chairman MW �. January 16, 2020 137-1 ED Leslie K. Weisman RECEIV Chairperson JAN I Board of Appeals Town of Southold Zon P. 0. Box 11791 Southold, New York 11971'U9S9 Re: ZBA#7377Franco, Edmond 5[3lN#1OOU'23'1'D.1 Chairperson Weisman, Thank you for reaching out to the Suffolk County Soil and Water Conservation District and requesting technical assistance regarding the proposed improvements to the property located at 15919 Rt.ZS, East Marion N.Y. | conducted aninventory and evaluation ofthe site nnJanuary 3m, 2020vvith respect to the proposed property improvements detailed in the Notice of Disapproval letter sent tothe apphcantonOotnber11m, 2O19.The /mprovementsindudeudditiono/a|terationstoon °asbui|t" 6fnnt high fence and to construct accessory ground-mounted solar voltaic panels. My evaluation focuses on the following grounds for disapproval: The "as built" 6 foot high fence in the front yard,on a conforming 94,636 sq.ft. lot in the Residential R-80 District, is not permitted pursuant to Article XXII Section 280-105(A),which sates; "When located in a front yard of residential zones,fences shall not exceed four feet in height." In addition,the construction of the accessory ground-mounted solar panels is not permitted pursuant to Article 111,Section 280-15,which states; "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code., and the side yard setback requirements for assessor buildings in Subsection B above."The accessory structure requires a front yard setback of6Ofeet. The proposed structure has afront yard setback of±34feet. Office Hours:Monday through Thursday 7:3Ou.nu./^4:OOp.00. Friday 7:80x.nu.through 3:O0y.m. �3W I observed the site and respectfully submit the following comments with respect to the matters listed above: 1)Observed Site Conditions and Bluff Evaluation:The waterfront residential property located at 15919 Rt.25 east Marion, is located atop a short bluff that leads down to the Long Island Sound's shoreline.The natural topography of the property slopes towards the shoreline to the north and westward towards Dam Pond.The land to the south of the shoreline is well vegetated with a mix of perennial grasses, trees, native plants and shrubs.The shoreline's angle of repose exceeds the recommended 3:1 ratio and there are no significant signs of erosion.The toe of the shoreline is not supported by a hardened structure (bulkhead) and does not show signs of significant wind or water erosion.The home is a modest 1 story dwelling with accessory pool and garage. 2)Proposed Modifications:The current structure (single family dwelling)on the property currently does not impact the shoreline's stability.The proposed additions to the structure including the "as built"6 foot fence and the proposed photovoltaic array(25'10"x 10'5") possess little environmental impact if any including impacts to the stabilization and health of the shoreline and Dam Pond.The proposed additions will increase the volume of stormwater runoff that generated from the property, however the volume of the runoff is inconsequential due to the size of the photovoltaic array. Based on the proposed location of the structures, any runoff generated from the fence/array will be captured by adjacent ornamental gardens and act as a bio infiltration drainage system.Any runoff generated will be collected in the soil of the garden and slowly infiltrate the soils,thus avoiding impacts from any minimal discharge that the proposed structure(s) may create. See attached photos. 3)Additional considerations: • All ground disturbance activities have an impact. If soil disturbance is minimized the impacts associated with the activated are significantly decreased. Undisturbed and vegetated areas should be left undisturbed whenever possible. • Protection of existing vegetation is critical to ensuring the long-term stabilization of the property. Protected areas should be clearly identified with bright colored ribbon and/or fencing prior to the commencement of construction. Additionally,stockpile locations, staging areas and access points must be clearly defined to minimize impacts. • Any improvement that alters the natural course of drainage (ex: structures, impervious surfaces, conveyances,etc.)will increase the impact of stormwater runoff. Consideration should be taken to minimize the impact of runoff during and after construction. Erosion and sediment control measures should be implemented prior to ground disturbing activities. • All efforts should be taken to vegetate and stabilize disturbed soils as soon as possible.See NYS Standards and Specification for Erosion and Sediment Control ("Blue-Book")for additional control measures and considerations. • Construction and the use of heavy equipment may impact the stabilization of soils.Vibrations from machinery as well as soil compaction have adverse impacts. Machinery should not be left to idle and only running when in use.The location and storage of such equipment should be as far away as possible from critical areas such as bluffs and any unstable soils. 2 • The use of irrigation systems, if present,should be limited to protect the stabilization of bluffs and the surrounding soils.System components such as valves,controllers, pipes and irrigation head emitters should be reviewed periodically.The implementation of"smart" irrigation controllers are recommended where feasible. With all irrigation systems, annual maintenance by a qualified individual is recommended. Thank you for contacting the Soil and Water Conservation District for comments. It is recommended that the Zoning Board of Appeals carefully review all the factors related to this decision. I am available to discuss this site in greater detail at your convenience if you should have any questions or concerns, please do not hesitate to contact our office. Corey Humphrey,C.P.E.S.C. 3 q , M s. 83 n i i n - ". r J w " d � x Above: Location of the Proposed Photovoltaic Array(25'10"x10'5"). Below: Area to capture any inconsequential amount of runoff that may be generated from the proposed structure. 4 M r'hl COUNTY OF SUFFOLK :Board ED 2019 ZoninOf Appeals OFFICE OF THE COUNTY EXECUTIVE Steven Bellone , 1 � ` SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Acting Commissioner Economic Development and Planning December,16, 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: v 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 ftv'Franco, Edmond #7377 ("cgSolutions East LLC #7379 Beachwood RD. 22 LLC #7380 Very truly yours, Sarah Lansdale Director of Planning 7> __�— /�1�� 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 BUILDING DEPARTMENT RECEIVED SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL N 0 V 18 2019 DATE:October 18,�0d9ning Board Of Appeals AMENDED:0ctobef30,--Z0-PT- TO: Edmond Franco 20 East 9'Street,Apt 11 B New York,NY 10003 Please take notice that your application dated October 11,2019: For permit to legalize an"as built"6 foot high fence in the front yard of a single-family dwelling and to construct accessory around-mounted solar panels at: Location of property: 15919 Route 25,East Marion,NY County Tax Map No. 1000—Section 23 Block 1 Lot 8_I Is returned herewith and disapproved on the following grounds: The"as built"6 foot high fence in the front yard,on a conforming 94,636 sq ft lot in the Residential R-80 District,is not permitted pursuant to Article XXII Section 280-105 lA) which states,"When located in the front yard of residential zones, fences shall not exceed four feet in hei hg_t."_ In addition.the construction of the accessory around-mounted solar panels is not permitted pursuant to Article III,Section 280-15,which states; "In the case of a waterfront parcel. accessory buildings and structures may be located in the front yard,provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code.and the side yard setback requirements for accessory buildings in Subsection B above."The accessory structure requires a front yard setback of 60 feet. The proposed structure has a front yard setback of±34 feet. ( , Auth edS' tune 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. r _ T l_ 1 Fee:$ Filed By. Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APLAR ECEIVED AREA VARIANCE House No. 15919, Street Route 25 Hamlet East Marion 1 8 2019 SCTM 1000 Section 23 Block 1 Lot(s) 8.1 Lot Size 2.15 Zard 0f Appeals I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 10/30/2019 BASED ON SURVEY/SITE PLAN DATED 09/17/2019 Owner(s): Edmond D.Franco Mailing Address: 20 E. 9th Street,Apt. 11B,New York,NY 10003 Telephone: (212)877-1576—Fax: Email: efranco@francofg.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: Martin D.Finnegan,Esq. for(x)Owner( )Other: Address: 56340 Main Road, Southold,NY 11971 Telephone: (631)574-2865 Fax: (631)574-1258 Email: mfinnegan@suffolUaw.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), ( )Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 09/17/2019 and DENIED AN APPLICATION DATED 10/30/2019 FOR: O Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use (x)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: XX11 Section:280 Subsection: 15 and 105-A Type of Appeal. An Appeal is made for: (x)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( )has, (x)has not been made at any time with respect to this Property,UNDER Appeal No(s). Year(s). .(Please be sure to research before completing this question or call our officefor assistance) Name of Owner- ZBA File# REASONS FOR APPEAL (Please be specific,additional sheets may be used with preparer's signature notarized): onearby 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a properties if granted,because: See attached. 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: See attached. 3.The amount of relief requested is not substantial because: See attached. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: See attached. 5.Has the alleged difficulty been self-created? {x}Yes,or {}No Why: Are there any Covenants or Restrictions concerning this land? {x}No {}Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same,time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. re of Appscant Authorized A n (Agent must submit written Authori4 zation from wn r) Sworn to before me this I��day of November 20 19 yzd6NZA�7 Nofary Public C'�'RLOS A. DU TAN SL2ic " of PJew York Q�'�li ,eco In 4uecns County Cornmicclon ExPtres Oct 3, 2020 t f RECEIVED ATTACHMENT TO AREA'VARIAN,'.E APPLICATION O EDMOy�4.�3 FRAN�4;0 NOV 18 2019 REASONS FOR APPEAL: Zoning Board Of Appeals The Applicant is seeking two area variances fcr exist: �g and proposed improvemen s waterfront parcel in East Marion: 1)A 2 -foot varian-ce. from the 4 foot limitation in Town Code Section 105(A) and the Building Inspector's No'Ii(-,e o'r'Disapproval for a building permit to maintain an as-built 6 foot fence in a portion of','he:cont yard that lies along the driveway of the subject flag lot with no frontage on a town road. The Applicant would like to maintain the fence for privacy as the other homeowners along the flag enjoy a right of way for access to the beach along Long Island Sound. 2)A variance from the 60 foot front yard setback requirement of Town Code Section 280-15 to permit the construction of an accessory ground mounted solar panel array 34 feet from the property line. For the following reasons, the Applicant submits that variances from Sections 280-15 and 280-105(A) are warranted: 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The subject property is a flag lot with frontage on Long Island Sound that is significantly screened on its south, east and west sides by landscaping. The portion of the existing 6-foot fence that lies in the front yard is not visible from Route 25. The proposed solar array will likewise be screened from view by any adjacent property owner by the existing fence and landscaping. 2. The benefit sought by the Applicant CANNC' be achieved by some feasible method for the applicant to pursue other than an area variance, because: The Applicant has a pool in his yard. The neighboring homeowners to the south have a right of way for beach access. The 6 -foot fence is,required for privacy and cannot be maintained without a variance. The placement`of the solar array in the front yard is necessary to maximize exposure and efficacy. It is the only,fepible location and as such, variance relief is required. 3. The amount of requested relief is not substantial because: The Applicant submits that the relief sought is not substantial in light of the location of the fence in relation to the surrounding properties. Similarly, while the 26 foot variance may be mathematically substantial, the relief is not practically substantial here in light of the configuration of the flag lot and ample screening. 4. The variance will NOT have an adverse impact on the physical or environmental conditions in the neighborhood or district because: As stated previously, the fence will only be visible to the applicant and neighbors accessing the beach. The solar array will also be essentially invisible to neighbors and further screened by the as-built fence. There is no perceivable environmental impact from either structure and solar generation will obviously have a positive impact on environmental conditions. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ---------------------------------------------------------X In the Matter of the Application of EDMOND FRANCO #7377 RECEIVED For a variance from the requirements of MAR I Article XXIII, Sections 280-15 and 105A of the 2020 Code of the Town of Southold Zoning Board of Appeals ---------------------------------------------------------X MEMORANDUM OF LAW OF APPLICANT,EDMOND FRANCO, IN SUPPORT OF THE RELIEF REQUESTED TWOMEY, LATHAM, SHEA, KELLEY, DUBIN & QUARTARARO, LLP Attorneys for Applicant By: Martin D. Finnegan, Esq. 56340 Main Road Southold, NY 11971 (631) 727-2180 Dated: MARCH 5, 2020 �3 STATEMENT OF FACTS The Applicant, Edmond Franco ("Applicant") is seeking front yard setback variances from the requirements of Town Code Sections 280-15 and 105A for the installation of solar panels and to allow an as-built 6-foot fence to'remain in the front yard of his home located at 15919 Route 25, East Marion. The subject parcel is a conforming 94,636 square foot waterfront parcel in the R-80 zoning district just east of Dam Pond. The parcel is a flag lot off of Route 25 with no visible roadway frontage. Photographs submitted verify that there is substantial screening on the southern, eastern and western property lines. Neighboring property owners share a right of way over a portion of the Applicant's driveway for access to the adjacent Sound beach. The parcel is currently improved with a swimming pool and wood deck in the front yard. The nonconforming sections of fence in the front yard lie along the east side of the property adjacent to the right of way. The solar array is 286 square feet and will be placed south of the pool in front of a row of existing Japanese Pine trees that will screen it from view. The array will be 35 feet off the front property line where 60 feet is required. It will be essentially invisible to neighboring property owners. For the following reasons, the Applicant submits that variances from Section 280-15 and 105A are warranted. POINT I THE APPLICANT HAS MET THE TEST FOR THE GRANT OF AN AREA VARIANCE SET FORTH IN TOWN LAW§267-B Under §267-13, the Applicant must demonstrate compliance with the following standards to be eligible for the issuance of a variance: (a) whether the grant of the variance will cause an undesirable change in the character of the neighborhood or will create a 2 7 detriment to nearby properties; (b) whether the benefits sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance; (c) whether the requested area variance is substantial; (d) whether the grant of the variance will have an adverse effect or impact upon the physical or environmental conditions in the neighborhood or in the affected area of the Town; and (e) whether the difficulty causing the applicant to request an area variance was self-created which consideration shall be relevant to the determination of the Board but shall not necessarily preclude the grant of the variance. The Applicant submits that under the facts and circumstances presented here, the Applicant can clearly meet the standards set forth in Town Law §267-B and, as a result,the relief requested herein should be granted. 1. The Grant Of The Variance Will Not Cause An Undesirable Change In The Character Of The Neighborhood Or Create Detriment To Nearby Properties. The subject property is a flag lot with frontage on Long Island Sound that is significantly screened on its south, east and west sides by landscaping. The portion of the existing 6-foot fence that lies in the front yard is not visible from Route 25. The fence will provide privacy for the Applicant when neighbors are accessing the right of way. The proposed solar array will likewise be screened from view by any adjacent property owner by the existing fence and landscaping such that it will barely be visible. There is nothing undesirable or detrimental about either structure as evidenced by the letters of support from neighboring landowners. 2. The Benefits Sought To Be Achieved By Applicant Cannot Be Feasibly Achieved By Some Method Other Than The Requested Area Variance. The Applicant has a pool in his yard. The neighboring homeowners to the south have a right of way for beach access., The 6-foot fence is required for privacy and cannot be maintained without a variance. The placement of the solar array in the front yard is necessary to maximize 3 exposure and efficacy. It lies just south of an existing landscape buffer around the pool area. It is the only feasible location and as such, variance relief is required. 3. The Area Variance Sought Is Not Substantial. The Applicant submits that the relief sought to maintain the as-built fence is not substantial in light of the location of the fence in relation to the surrounding properties. Similarly, while the 25 foot variance for the solar array may be mathematically substantial, the relief is not practically substantial here in light of the configuration of the flag lot and the ample screening. 4. The Grant Of The Variance Will Not Have An Adverse Impact On The Physical or Environmental Conditions In The Neighborhood Or District. As stated previously, the fence will only be visible to the applicant and neighbors accessing the beach, who would probably prefer to do so privately as well. The solar array will also be essentially invisible to neighbors and further screened by the as-built fence. There is no perceivable environmental impact from either structure and solar generation will obviously have a positive impact on environmental conditions. 5. The Self-Created Nature Of The Alleged Difficulty Should Not Preclude The Granting Of Area Variance Relief. The apparent difficulty stems from the unique configuration of this waterfront parcel and the Applicant's desire to be energy efficient. The fence was inadvertently installed by the Applicant's contractor who believed he was working in the side yard of the parcel. 4 CONCLUSION For the reasons set forth herein, it is respectfully submitted that the standards of Town Law Section 267-B have been met and, as such, relief from the requirements set forth in Southold Town Code Sections 280-15 and 105A is warranted. Dated: Southold,New York March 5, 2020 Respectfully Submitted, TWOMEY, LAYHAA1 SBEA, KELLEY, DUBIN&-QVARTA O, LLP Atto eys forAp c By: Martin D. egan, Esq. 56340 NWh Road Southold,NY 11971 T: (631) 727-2180 F: (631) 574-1258 5 APPLICANT'S PROJECT DESCRIPTION APPLICANT• Edmond D.Franco DATE PREPAID: 10/24/ VV 1.For Demolition of Existing Building Areas N 0 V 1 8 2019 Please describe areas being removed: N/A L - Qf A peals II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to fust floor: I11.Proposed Construction Description(Alterations or Structural Changes) N/A (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: 94,636 Percentage of coverage of your lot by building area: V.Purpose of New Construction: As-built 6-foot high fence located in front yard of single-family dwelling. Construction of accessory ground mounted solar panels±34 feet from the front lot line. 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): N/A 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 i QUESTIONNAIRE �^ FOR FILING WITH YOUR ZBA APPLICATION r A. Is the subject premises listed on the real estate market for sale? � RECEIVED Yes x No NOV 18 2019 B. Are there any proposals to change or alter land contours? x No Yes please explain on attached sheet. -H9 q Board Of Appeals C. 1.)Are there areas that contain sand or wetland grasses? N/A 2.)Are those areas shown on the survey submitted with this application? 3.)Is the property bulk headed between the wetlands area and the upland building area? 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? YES Please confirm status of your inquiry or application with the Trustees: N/A and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? NO Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? NO If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. SEE ATTACHED. H. Do you or any co-owner also own other land adjoining or close to this parcel? NO If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Existing single-family dwelling with pool and the proposed use SAME (ex: existing single family,proposed: same with garage,pool or other) Authorized si ature and Date I! ` AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on 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. RECEIVED 1. Name of Applicant: Edmond D.Franco 2. Address of Applicant: 20 E. 9th Street,Apt. 11B,New York,NY 10003 9 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: p Appeals 5. Description of Proposed Project: Legalize as-bult 6-foot fence in a po ion-e fren44r and construct ground mounted solar panels±34 feet from front lot line. 6. Location of Property: (road and Tax map number) 15919 Route 25,East Marion; SCTM# 1000-23-1-8.1 7. Is the parcel within 500 feet of a farm operation? { } Yes {x} No 8. Is this parcel actively farmed? { } Yes {x} No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Ple e the back oft page ' ere are additional property owners) t2- 2019 Signature of App can 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. Short Environmental Assessment Form Part 1 -Project Information Instructions for Completing Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1.You may also provide any additional information which you believe ill be nede8ft--ff useful to he lead agency;attach additional pages as necessary to supplement any item. Part 1—Project and Sponsor Information 1/ 4 9,019 Name of Action or Project: Zoning Board Of Appeals Franco Fence Variance ' Project Location(describe,and attach a location map): 15919 Route 25,East Marion,NY Brief Description of Proposed Action: Legalize as-built 6-foot fence located in a portion of front yard. Name of Applicant or Sponsor: Telephone: (631)574-2865 Martin D.Finnegan,Esq. E-Mail: mfmnegan@suffolklaw.com Address: 6340 Main Road City/PO: State: Zip Code: Southold NY 11971 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 EJmay 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 government Agency? NO YES If Yes,list agency(s)name and permit or approval: ❑ 3. a.Total acreage of the site of the proposed action? 217acres b.Total acreage to be physically disturbed? nacres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0acres 4. Check all land uses that occur on,are adjoining or near the proposed action: 5. ❑Urban m Rural(non-agriculture) ❑ Industrial ❑ Commercial m Residential(suburban) ❑Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify): ❑Parkland Page 1 of 3 SEAF 2019 r 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ^��/� ❑ ❑ ❑ b. Consistent with the adopted comprehensive plan? I _1�__ ❑ RF(-FT1/ ! L=1 NO YES 6 Is the proposed action consistent with the predominant character of the existing built tr naturlandssca 0 �� 2019 0 4 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical E �c°ning hoard Of Appe NO YES If Yes,identify: ❑✓ ❑ NO YES 8. a Will the proposed action result in a substantial increase in traffic above present levels9 ❑ ❑ b. Are public transportation services available at or near the site of the proposed action? ❑✓ ❑ c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed ❑✓ Elaction? 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: r7l F-1 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ❑ ❑ 12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State Register of Historic Places,or that has been determined by the 1:1Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑ ❑ archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? 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: Page 2 of 3 r 14. Identify the typical habitat types that occur on,or are likely to be found on the project site.Check all that apply: ®Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑Wetland ❑ Urban ❑ Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats,litto b the State or NO YES Federal government as threatened or endangered? D RECEIVED®h�� Q ❑ 16. Is the project site located in the 100-year flood plan? NO YES NOV 209 ❑✓ ❑ 1 17. Will the proposed action create storm water discharge,either from point or non- ,�iRNi'ar n c NO YES If Yes, 2' d Of Appeals ❑ a. Will storm water discharges flow to adjacent properties? ❑ ❑ b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? ❑ ❑ If Yes,briefly describe: 18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids(e.g.,retention pond,waste lagoon,dam)? If Yes,explain the purpose and size of the impoundment. ❑ ❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes,describe- r7l F1 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: W1 F-1 I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/s onso, me: Finnegan,Esq Date: 11114119 r � L Signature: Title me—V b""T PRINT FORM Page 3 of 3 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emplovees.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. �y YOUR NAME: Edmond D.Franco (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,suc as a company.If so,indicate the other person's or company's name.) RECEIVED TYPE OF APPLICATION:(Check all that apply) NOV Tax grievance Building Permit Variance x Trustee Permit Change of Zone Coastal ErosionZ�nin BoardApproval of Plat Mooring 9 Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO x If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted t ' day of 0� 2019 Signature Print Name Edmond D.Fran o AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is �� necessary to avoid same. YOUR NAME: Martin D.Finnegan,Esq. EIVED (Last name,first name,middle initial,unless you are applying in the name of someone else or other nfity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) N O v 1 88 2019 Tax grievance Building Permit Variance x Trustee Permit Zoning Board Of Appeals Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO x If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitte this f ,2019 Signature Print Name Martin D.14fiegan Town of SoutholdF- PECEIVFD v�� LWRP CONSISTENCY ASSESSMENT FORM I A. INSTRUCTIONS Lency o V I 1. All applicants for permits* including Town of Southold agencies, shallEt�-�Afprbls proposed actions that are subject to the Town of Southold Waterfront Consisepi 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# 23 _ 1 _ 8.1 The Application has been submitted to(check appropriate response): Town Board © Planning Dept. E Building Dept. © Board of Trustees 0 /ZBA 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: Legalize as-built 6-foot fence in a portion of front and of single-famil residence. Construction of ground mounted solar panels±34 feet from front lot line. Location of action: 15919 Route 25,East Marion,NY Site acreage: 2.17 Present land use: Single-family residence s RECEIVED Present zoning classification: R-80 ` I 0 9 2. If an application for the proposed action has been filed with the Town of Southold agency, the follow' g information-shall be provided: Zoning Board Of Appeals (a) Name of applicant: Edmond D.Franco (b) Mailing address: 20 E.9th Street,Apt. 11B,New York,NY 10003 (c) Telephone number:Area Code( ) (212) 877-1576 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No❑x If yes,which state or federal agency? DEVELOPED COAST POLICY Exempt-Minor Action Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No Q Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes 11 No x❑ Not Applicable Attach additional sheets if necessary 1 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 --- 19 ?niL— RECEIVED 0 Yes Q No ® Not Applicable NOV i!01 III 1Y uaruppeals 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 0 Yes 0 No © Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria E] YesE] No ©Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. © Yes 0 No© Not Applicable RECEIVED Attach additional sheets if necessary qq )nl Policy 7. Protect and improve air quality in the Town of Southold. See LW SectionvI I�Wficies Pages 32 through 34 for evaluation criteria. Zoning Board Of Appeals ❑ Yes [1] No© Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Ye On No® Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑Yes ❑ No © Not Applicable RECEIVED Attach additional sheets if necessary Zoning Board Of Appeals Policy 11. Promote sustainable use of living marine resources in Long Islan oS un�[c die ecomc Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No © Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No© Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Created on 512510511:20 AM Board of Zoning Appeals Application RECEIVED NOV 18 2099 AUTHORIZATION (Where the Applicant is not the Owner) Zoning Board Of Appeals I, Edmond D.Franco residing at 20 E. 9th Street,Apt. 11B,New (Print property owner's name) (Mailing Address) York,NY 10003, do hereby authorize Martin D.Finnegan (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Own 's Signature) Edmond D. Franco (Print Owner's Name) Town of Southom 10/16/2019 P.O.Box 1179 53095 lain Rd f, Southold,New York 11971 CERTIFICATE OCC , ANCY RECEIVED No: 40775 Date: 10/16/2019 Nov 20 T]EII.IS CERTIFIES that the building ADDITION/ALTERATION Location of Property: 15919 Route 25, East Marion Zoning BOB" 6 `aat SCTM#: 473889 Sec/Block/Lot: 23.-1-8.1 Subdivision: Piled Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated. 9/16/2019 pursuant to which Building Permit No. 44169 dated 9/16/2019 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: alterations and additions includina first floor decks. second floor deck and outdoor;sW ef, to an existine one famil 'dwelliria as applied fair. The certificate is issued to Franco,Edmond of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 44169 6/19/2019 PLUMBERS CENT CATION DATED 9/27/2019 ricks A.ut ed p�nlure so Town Hall Annex ��Y Telephone(631)765-1802 54375 Main Road Fax(631)765-9502 P.O.Box 1179 roger. icheqto1Nn.SoUthold.n .Us Southold,NY 11971-0959 A RECEIVED BUILDING DEPARTMENT NOV TOWN OF SOUTH® 8 2019 CERTIFICATE OF ELECTRICIAL COMPLIANCE r, SITE LOCATION Hppeals Issued To: Edmond Franco Address: 15919 Route 25 City: East Marion St: New York Zip: 11939 Building Permit#. +A Lj 01 -*t%g Section. 23 Block: 1 Lot: 8.1 WAS EXAMINED AND FOUND TO BE IN COMPLIANCE WITH THE NATIONAL ELECTRIC CODE Contractor: DBA: Dania] Wilcenski Electric License No: 4723-ME SITE DETAILS Office Use Only Residential X Indoor X Basement X Service Only Commerical Outdoor X 1st Floor X Pool New Renovation X 2nd Floor X Hot Tub Addition Survey Attic Garage INVENTORY Service 1 ph 400a Heat elec Duplec Recpt 56 Ceiling Fixtures 2 HID Fixtures Service 3 ph Hot Water elec GFCI Recpt 9 Wail Fixtures 7 Smoke Detectors Main Panel 2-20 AIC Condenser 3 Single Recpt Recessed Fixtures CO Detectors Sub Panel A/C Blower 3 Range Recpt Fluorescent Fixture Pumps Transformer Appliances dw Dryer Recpt 2-30 Emergency Fixture Time Clocks Disconnect 2-20 Switches 97 Twist Lock Exit Fixtures TVSS Other Equipment: electric cook top, electric oven, 1-bath fan, 1-exhaust fan, 1-radiant floor heat, 150 puck lights(ceiling),120 feet of strip lights,12 ft plug mold, 18 power window shades, 1-ejector pump,7-flood lights,200a transfer switch, Notes: 22-kw standby generator,18-ARC fault circuit breakers,GFCI circuit breakers Inspector Signature: Date: June 19 2019 81-Cert Electrical Compliance Form As �.� 6388 g Y•P'�. Town Hall Annex -1802 54375 Main Road "»A ^ Telephone(631)765 CZ> ^' b ;`,',.mz , Il Fax(631)765-9502 P.O.Box 1179 - Southold,NY 11971-0959 roger riehert er3tmrsout"d d-.y.us KZ'E1v[:u NOV 18 L019 BUILDING DEPARTMENT TOWN OF SOUTHOLD Zoning Board Of Appeals CERTIFICATE OF ELECTRICIAL COMPLIANC SITE LOCATION Issued To: Edmond Franco Address: 15919 Route 25 City: East Marion St: New York Zip: 11939 Building Permit#: 41930 Section: 23 Block: 1 Lot: 8.1 WAS EXAMINED AND FOUND TO BE IN COMPLIANCE WITH THE NATIONAL ELECTRIC CODE Contractor: DBA: Daniel Wilcenski Electric License No: 4723-ME SITE DETAILS Office Use Only Residential X Indoor Basement Service Only Commerical Outdoor X 1st Floor Pool X New Renovation 2nd Floor Hot Tub Addition Survey Attic Garage INVENTORY Service 1 ph Heat Duplec Recpt Ceiling Fixtures HID Fixtures Service 3 ph Hot Water GFCI Recpt 4 Wall Fixtures Smoke Detectors Main Panel A/C Condenser Single Recpt Recessed Fixtures CO Detectors Sub Panel 100a A/C Blower Range Recpt Fluorescent Fixture Pumps Transformer Appliances Dryer Recpt Emergency FixtureTime Clocks Disconnect Switches Twist Lock Exit Fixtures TVSS Other Equipment In ground swimming pool to Include, bonding, 1-pool pump, 1-heat pump, 4-GFCI circuit breakers, 1-GFCI recpticle,salt generator,low voltage pool lights. Notes: pool and enclosure-4-lights and 3-GFCI recpticles. Inspector Signature; Date: June 19 2019 81-Cert Electrical Compliance Form.xis Town of Southold 10/18/2019 P.O.Box 1179 53095 Main Rd RECEIVED Q. Southold,New York 11971 F: NOV 18 2019 f CERTIFICATE OF OCCUPANCY Zoning Board Of Appeals I No: 40776 Date: 10/16/2019 THIS CERTIFIES that the building IN GROUND POOL Location of Property: 15919 Route 25,East Marion SCTM#: 473889 Sec/Block/Lot: 23.-1-8.1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 8/22/2017 pursuant to which Building Permit No. 41930 dated 8/29/2017 was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: accessory kn ground swimming pool with surroundim deck storage closet and outdoor shower,fenced to code as.applied for. The certificate is issued to Franco,Edmond 8 of the aforesaid building. SUFFOLK.COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 41930 6/16/2019 PLUMBERS CERTIFICATION DATED 9/27/2019 Oreo Fredrick u orh Signature s L. a — E , I t 4 + � ♦ - "175„y1 ,. f a s -4, a a a ...- - _ - _•Y - ., . .' a - - � a `+ ^+. - _ +' _ moi. �T'� - _ ti .• z —t a r _ k —_ a..,�,,,;. •«,.. _ �.aMr y,9^-..we a _q T' v a • a NOVl Zoning Board Of Ap } Z. r AO t Bw1 r _ . r y � 1 �. � .rarer , s= .l - .� �. ws •� x� . �. ,♦ � ftp � . �`�� # y 4 � � � � • • ' I 1 ; I ' _ �'�* I , .. r T � • �{, �.. t'-ir �„ � . �.+� i� � ' � x +� . .," .i.. V, '� %� � - � •r :. i �-, ,':'est `�a.• �� -ae k �• a � � s . .•4 ,. _�.. _ _ '"'' �, ., �}; � •�� ,, , � .r, ,1 ;^m-: _ __ .y,y lrfw• --- - ...ti-. �.,4 ��_ .� �d. ��. � .i #, • iii �. C... r x *, ... .+ i • �� '� �'•r •' � '4 • . may_ s. `a 1' t k -r •; * 'C Owl IF it JC y. rAc „_ r .. 60 dp r - .�.. yam- ' !•l ♦i } �i-� .. 1 � � ,. � Twomey VA' Latham S H E A, KELLEY, DUBIN & Q U A R T A R A R O, LLP Thomas A.Twomey,Jr. Martin D.Finnegan (1945-2014) Partner Stephen B Latham John F Shea,III Christopher D.Kelley 631-727-2180,x-265 wi David M Dubin •:. mtinneanla,�uffi�ikla�v.com� Jay P Quartararo t Peter M.Mott Janice L Snead November 18, 201 RECEIVEO Anne Marie Goodale Bryan C Van Cott Kathryn Dalli By Hand NOV 19 M9 Laura I Dunathan Patrick B.Fife Martin D Finnegan o Ms. Leslie Kanes Weisman, Chairperson Reza Ebrahimi Zoning hoard of Appeals Jeffrey W Pagano n Zoning Board of Appeals Town of Southold Bryan J Drago P.O. Box 1179 Bernadette E Tuthill Craig H Handler Southold,NY 11971-0959 Alexandra Halsey-Storch Melissa S Doris Katerma Gnnko Re: Area Variance Application of Edmond D. Franco Lorraineell Russ Terrence Russell Premises: 15919 Route 25,East Marion,1Y Daniel R.Bernard to SCTM#1000-23-1-8.1 Christina M.Noon A Chadwick Briedis Dear Chairperson Weisman and Members of the Board: OF COUNSEL Lisa Clare Kombrink Kevin M.Fox With respect to the above-referenced Application, enclosed please find a Kelly E Ks Hoeg Karen A Hoeg check made payable to the Town of Southold in the amount of$500.00 representing Patricia J Russell the required filing fee and an original and nine (9) copies of the following Jennifer P Nigro documents for your review: ', NY&LA BARS t ILL MINTAXATION 1) Notice of Disapproval dated October 30, 2019 with copy of filed Building O NY&NJ BARS O NY,NJ&PA BARS Permit, N NY,NJ&OC BARS A NY,NJ&FL BARS 2) Executed and notarized Area Variance Application, including an attac ent Main Office of explanation; 33 West Second St. 3) Applicant's Project Description and Questionnaire Form; P.O. Box 9398 Riverhead, NY 11901 4) Copies of all property Certificates of Occupancy; 631.727.2180 5) Executed Agricultural Data Statement; suffolklaw.com 6) Executed Short Environmental Assessment Form; 7) Executed Owner's Authorization; 8) Applicant Transactional Disclosure Form signed by the property owner; 9) Applicant Transactional Disclosure Form signed by Martin D. Finnegan, as Agent for the property owner; ` Ms. Leslie Kanes Weisman November 18, 2019 �y Page 2 of 2 � � 1 10)Local Waterfront Revitalization Program(LWRP) Consistency Assessme t Form;RECEIVED 11)Color photographs of the subject premises; 12)Copy of the Town's property record card; NOV 18 2019 13)Current surveys of the subject premises. Kindly advise if you require any further documentation in order to place t Zonin. o d Of Appeals your next available Agenda for a public hearing. Thank you for your consideration. Very truly ours, Marti innegan MDF/as Enclosures cc: Edmond D. Franco (via email) Westermann, Donna 5" From: Westermann, Donna Sent: Monday, November 25, 2019 10:01 AM To: 'Martin Finnegan' Subject: RE: Fran application Tomorrow is fine. We are here 8-4, an Wednesday is 8-11. 0. Thank you very much. I Donna -----Original Message----- From: Martin Finnegan [mailto:mfinnegan@suffolklaw.comj Sent: Monday, November 25, 2019 10:00 AM To: Westermann, Donna Subject: Re: Franco application Hi Donna, Would it be ok if I dropped it off tomorrow? I thought I would be out there today but I got diverted to Riverhead. Martin D. Finnegan, Esq. Twomey, Latham, Shea, Kelley, Dubin &Quartararo, LLP 33 West Second Street, P.O. Box 9398, Riverhead, NY 11901 T 631.727.2180 x 265 mfinnegan@suffolklaw.com www.suffolklaw.com CONFIDENTIALITY NOTICE:The information contained in this e-mail and any attachments may be legally privileged and confidential. If you are not an intended recipient,you are hereby notified that any dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e- mail in error, please notify the sender and permanently delete the e-mail and any attachments immediately.You should not retain, copy or use this e-mail or any attachment for any purpose, or disclose all or any part of the contents to any other person.Thank you. > On Nov 25, 2019, at 9:52 AM, Westermann, Donna <donnaw@southoldtownnV.gov>wrote: > >Good morning Martin, > I'm processing the application for Mr. Edmond Franco today, and I note that our office requires and additional $250.00 fee for the variances. I believe Kim mentioned this to you, but I just wanted to follow up. >Also, I am missing one copy of the survey for one of the packets. Not sure how that happened, but if you could bring another survey when you provide us with the additional fee, it would be appreciated. r >Thank you, > Donna 1 > Donna Westermann >Zoning Board of Appeals >Town Annex/First Floor >54375 Main Road >Southold, New York 11971 > (631) 765-1809 1 TOWN OF SOUTHOLD BUILDING PERMI PPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631) 765-1502 Planning Board approval FAX: (631)765-9502 Suryey Southoldtownny.gov PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees C.O.Application r_- Flood Permit Examined ,20 _ =_ : i : Single&Separate �', ` 1 Truss Identification Form Storm-Water Assessment Form Contact: Approved ,20 Mail to: Disapproved a/c [Zon:ing 1 LtL DPhone: Expiration ,20 OV 18 2019Building Inspector Board Of Appeals APPLICATION FOR BUILDING PERMIT Date October 120 19 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale.Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,housing.co e,and regulations and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of app icant or name,if orporation) 20 E 9th Street,Apt. 11 B,New Yor ,NY 10003 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder Owner Name of owner of premises Edmond D. Franco (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 15919 Route 25, East Marion House Number Street Hamlet County Tax Map No. 1000 Section 23 Block I Lot 8.1 Subdivision Filed Map No. :_Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Single family residence b. Intended use and occupancy Single family residence 3. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work Disapproval for as-built front yard fence (Description) 4. Estimated Cost Fee (To be paid on filing this appli�t' n 5. If dwelling,number of dwelling units Number of dwelling units on each floor If garage, number of cars Rtt r i s 6. If business, commercial or mixed occupancy, specify nature and extent:777;;=ji 1209 7. Dimensions of existing structures, if any: Front Rear Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated R-80 12. Does proposed construction violate any zoning law, ordinance or regulation? YES X NO 13. Will lot be re-graded?YES NO X Will excess fill be removed from premises?YES NO X 20 E 9th Street,Apt. 11 B 14. Names of Owner of premises Edmond D. Franco Address New York, NY 10003 Phone No. (646)325-3754 Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES X NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES X NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey,to scale,with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO X * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK Edmond D.Franco being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the Owner (Contractor,Agent,Corporate Officer,etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this y October 20 19 �r ART!N D.194&kk Signature of App Ica ni Notary FubitC, 8tat2 of New York t3�.;e707 Comm_, , ^�.?0 .., .. _:l'i. ._ •"rltia!•. ,'.'i'�t;��;,SSu�i?�•:'._e'-, t,�•;L !'1 ;l:�;e;—,:rt;�a- .�rt .,:• t�tN ! 1ti99' .. ht Gp.. •r er'p::9si� n... ..� - — .. •�.�',.:..-_ <'i,�t'. ,c.. •I''�: �,lil%-,t- t�]+e� {'i !I# {�j�g�y+•�6 �� _�,�x,•�..y�'!Icc�,' �j t,��(�''q �.��_'�:;t-�,I,,in:�.•t,n:��E �-;•; ® - � • - r -. ,�. _ '::q�,!'�'%:i�it:}�i:7 {.,!z.'?:'.ti.., � '•}rte•• - N �� ;l TOWN** ...,`_:-:. .._.,.t.. .-..: .. r;;.•: `�__=3.:.yt. ter.:,:! _ .. .S t 10 _r . l�_ lq , DIsT: SUBa.'-VLLAGE OWNER REST I _ 4• hn 1213C 1 1* FORMER OWNER NsC. ACR. %4 ,., . ft n -t 7�© "j f b11!G 1�Gt�1� s II.. TYPE-OF'BUILPING V' 6 RES. •' '�•�� SEAS. VL .�;: •'� .. a�a FARM COMM. CB. 'MICS:', h�tkt. wfue e 0 LAND Imp TOTAL DATE REMARKS &W'/ 7 g/d(yrfQ1;7 Q 'i. 0 7 00 / ` 11 a 5f I b. , `'lam ,• !-' ._ t 'Y U) 8500 coo � ©U art 1 j W&4j :. LO m Lr) UP lvwj LO cnT 23 209 -- LD I 0CD 7O ' Tillable FRONTAGE'ON WATER / t t. o o WoodlandFRONTAGE ON ROAD 2 `f d ! r=.. ._._.. . LO Meadowland DEPTH- _ �+ ! _ Ul m l House Pot i 13ULKHEAD N lil \ Toto! 00 AW, MEN a NJ USE IM MEN tSi Li NOW NOUNS NW' 11�u [ MENU 41 Vi4 tea: NISSAN Ilmirm pp MENU In III MEMO 0 u MEMINN ONE MENU mmmmm J-Mqmw- NONE so Von MEMO unummomilml IM" mommmummummmums IN MUMEAMMEM 1111 man mummummum I ME MT�l 21 mlf� $oil ■!■■!!■■■■■■■■■!!!■i■■■■■■■iii■ii■! ■■!e7■' :��'1■1!�lCiiG■■■tl■►.�■®■i■■ii■iiir ■�F��1■ti■■C�'�!■■!■illi■■��l■1■r■■�■�i■ii i H31lI�'/ii■■■■■i■iiilrll■!!�■I�l��■■il!!l■■■■■ offigak-910 OMAN!ZMAMUMMINE WEE MEN ONE ■�Ill�■■■■�■■iiir!■ii■■Y■■t.�:Ilii■■■■■■ ' ■ #■��irwi��:;��s�l■MON■■limL/r■■iiti!■ IiNONE■■■01■■■■■■!■!!■■ ■iii■�i�ii��i�i��iii�ti■■!i'�i�i� r■i■ii■■i■■ ■■iii■iiiili■i■■■!■■■ilii■■�■ii■i■■■ ■■■■!■iiiiiiii■■i■■■i■i■■i■■ii■■■■■ ®�®suFFot�►c ELIZABETH A.NEVILLE,MMC �� r/y Town Hall, 53095 Main Road TOWN CLERK %� P.O.Box 1179 y 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p • Fax(631)765-6145 MARRIAGE OFFICER 'f' ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: November 26, 2019 RE: Zoning Appeal No. 7377 Transmitted herewith is Zoning Appeals No. 7377 for Edmond Fanco: ✓ The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire _Agricultural Data Statement Short Environmental Assessment Form Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) LWRP Consistency Assessment Form Notice(s) of Disapproval /Board of Zoning Appeals Application Authorization Certificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos Correspondence- +a 2,.%14. �irowe I�IG.r 1+r` `�. f►v�v�.0 4Aa� 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- 'iwn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 11/26/19 Receipt#: 261355 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7377 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#75848 $500.00 Twomey, Latha„ Shea, Kelley Dubin & Qua Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Franco, Edmond D. 20 E 9th St Apt 11B New York, NY 10003 Clerk ID: JENNIFER Internal ID:7377 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: November 25, 2019 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP 7377 Franco, Edmond 75848 $500.00 RECEIVED NOV 2 6 2019 outhold Town Clerk TOTAL $500.00 Sent via Inter-Office to Town Clerk by: DW Thank you. r'�a r r_- .,., - _- i,'r,`"� w> ,�,. _.y..,;e, '' __tf,;_ '•,,,y � fRw�;.+:;r u,.>,�>y-;f., r\�fi6,rC 1 5_ �:;:a:a,si":i�5" 'rii '§N �„�l oA'zil"'f` .c':k��:','" se{a r' +Y' •�:..^ ,�� _ 'r" ,,1`."�,'"".�,:C'' :..j�, .'t ��°,' k•'J`f.-3;,» `¢f r"'�'�3.. �"�'S,'�iC, a "'''"- "a a P•9>.a ~K +'.is;`a�l,'f:'Ri" ,.- �'''.. -°=„'`'. ``' `• •_.”a t. - .Thi.}'; t '.:i,'.+,*- a�'. ; , W ".., y.,�``y�,; ';,:r. :�y at rs;•:;:z.-< °- '-`w; "'4.. �,' ' ;. � :�,:,:�" �, �, ��a ,�;,�; _ _: R,.��..�>,,•.��4�:;�XY. = 7:5.�4s8;-a�Y, , 4.7% r• £ ('.' �: ..-",, ,"�a+o,•M�1�� a;.y J y.-,,,• •r4'tk-'•' .„}y., .Z.y;i" k,a�'$.-•_,•., .,t i ; r t r:'is. �- F:w Y, 8;:fr+rx%+' 7•.';g ,.- &".""c.';4i 2..•. ` rTWOMEY,. 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SsJ..... ...t'-?:ala:*a:. m° `,-Y`` '1.R l Y..�'`�,» .;F .W,!ii, '�arY.�LeE.,•v_,.:`.a.J.".'1r s, +...'a`t^ s�.. lko wro'�rw.a-t'io';k.oY �'.r'�o'YQ:or.-'b`- yo.:.'+ -„�' -. .,-�p•_.., = r',::.�?:.J..=•�> ��3'�MA•'+'` ro ^.x �• , 'o ,,T'L.a <•::,"aP'aro t.:"� ✓� .a. i'�I'�'."i'. \ '�hbY d..O�•1`a,~', aA.0�3O`�akp.F +o.°'�'�'�°a=.r.o. :d:} ,. .,...,, o'.'..s,.� 'r)" �R tiL a�-Co-` ;'jlw't- ='”%«a .r d.•:'�. , ':{ •'�}': .N.:Y'�^�`cl: -:.-� t-, �"ct-<-.;ice, — - - __ _' )wn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * l Date: 11/27/19 Receipt#: 261381 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7377 $25000 Total Paid: $25000 Notes: Payment Type Amount Paid By CK#75914 $25000 Twomey, Latham, Shea, Kelley Dubin &Qua Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Franco, Edmond D. 20 E 9th St Apt 11B New York, NY 10003 Clerk ID: JENNIFER Internal ID 7377 ---------- Forwarded message --------- From: Fred <O vega(&aol.com> Date: Sat, Feb 29, 2020 at 7:39 PM Subject: Your Variance Application RECEIVED �� To: <efranco@francofg coni> MAR 5 zozo Hi Edmond - Zoning Board of Appear Hope this email finds you well. We received the notice from your attorneys regarding your upcoming variance hearing. We want to assure you that we have no objections and are delighted that your renovation is coming to a close. Congratulations. We are okay with your telling the variance board that you have heard from your neighbors to the west(us) and that we have no objections to the 6'fence and installation of solar panels, if you think that will help your case. We are sure you are looking forward to spending some well deserved R& R in your gorgeous new home. It looks terrific. We are all looking forward to a great summer 2020. All the best, Fred and Larry f J From: WADE GUYTON wadeguyton@mac com Subject: SCTM 1000-23.-1-8.8 Date: February 26,2020 at 12:34 PM To: kimf@southoldtownny.gov Cc: osvaldolandvik@gmail com To the Southold Town Zoning Board and Kim Fuentes: I received notice of Edmond Franco's variance application. I reside at 16109 Main Road, East Marion, next door to Mr. Franco. I am writing in support of his application for the fence and the solar panels. I have no objections Sincerely, Wade Guyton Osvaldo Landvik LLC Fuentes, Kim From: Joyce Orrigo <jorrigo@yahoo.com> Sent: Tuesday, February 18, 2020 4:10 PM To: Fuentes, Kim Subject: Zoning Board of Appeals, Edmond Franco Dear Ms Fuentes, I have received notice of the Request for Variances hearing on March 5, 2020, regarding property owned by Edmond Franco As a neighbor, I have no objection to the variances being approved Thank you, Joyce Orrigo ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i L � Y Fuentes, Kim From: Danny Colaitis <proshe116@aol.com> Sent: Saturday, February 15, 2020 6:48 PM To: Fuentes, Kim Subject: Edmond Franco property East Marion NY We have received notice of hearing and have no objections. Sincerely Danny and Elaine Colaitis 15585 Main Road East Marion NY 11939 Sent from my iPhone ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i TYPESET: Thu Feb 20 10 47 20 EST 2020 Section 280-124 and the Building Inspector's of Disapproval based on an application for a LEGAL NOTICE October 25, 2019, Notice of Disapproval permit to construct additions and alterations SOUTHOLD TOWN ZONING based on an application for a permit to con- to a single family dwelling,at,1)less than the BOARD OF APPEALS struct additions and alterations to an existing code required minimum front yard setback'of" THURSDAY,MARCH 5,2020 single family dwelling; at, 1) less than the 40 feet;2)less than the code required mini- PUBLIC HEARINGS code required minimum side yard setback of mum rear yard setback of 50 feet;located at NOTICE IS HEREBY GIVEN,pursuant to 15 feet; located at 3825 Stillwater Avenue 155 West Shore Road,Southold,NY SCTM Section 267 of the Town Law and Town Code (Adj to Eugene Creek), Cutchogue, NY No 1000-80-2-25 Chapter 280(Zoning),Town of Southold,the SCTM No 1000-137-1-3.1. The Board of Appeals will hear all persons following public hearings will be held by the 10:40 A.M.-EDWARD D.FRANCO#7377 or their representatives,desiring to be heard at SOUTHOLD TOWN ZONING BOARD OF -Request for Variances from Article III,Seo- each hearing,and/or desiring to submit writ- APPEALS at the Town Hall,53095 Main tion 280-15; Article XXII, Section 280- ten statements before the conclusion of each Road, Southold, New York on 105(A),and the Building Inspector's October hearing Each hearing will not start earlier THURSDAY,MARCH 5,2020. 18,2019,Amended October 30,2019 Notice than designated above.Files are available for 9:40 A.M.-PAUL REINCKENS#7359- of Disapproval based on an application for a review during regular business hours and Request for a Variance from Article XXIII, permit to legalize an"as built"six (6)foot prior to the day of the hearing If you have Section 280-124;and the Building Inspector's high fence in the front yard of a single family questions,please contact our office at,(631) October 1,2019,Amended October 3,2019 dwelling and to construct accessory mounted 765-1809,or by email: Notice of Disapproval based on an applica- solar panels;at, 1)proposed solar panels lo- kimf@soutlioldtownny.gov tion for a permit to construct a porch addition cated in other than the code required rearyard; Dated:February 20,2020 attached to an existing single family dwelling; 2) "as built" fence is more than the code ZONING BOARD OF APPEALS 1)located less than the code required mini- permitted maximum four(4) feet in height LESLIE KANES WEISMAN, mum combined side yard setback of 25 feet; when located in the front yard', located at CHAIRPERSON located at 1065 Hummel Avenue,Southold, 15919 Route 25, (Adj to the Long Island BY:Kim E Fuentes NY.SCTM#1000-63-2-26 Sound) East Marion, NY. SCTM No. 54375 Main Road(Office Location) 9:50 A.M.-PAUL REINCKENS#7361SE- 1000-23-1-8.1. 53095 Main Road(Mailing/USPS) Request for a Special Exception under Article 1:00 P.M. - 925 YOUNGS ROAD, LLC P.O.Box 1179 IIi,Section 280-13B(13),the Applicant is the #7378-Request for Variances from Article Southold,NY 11971-0959 owner of subject property requesting au- XXIII,Section 280-124 and the Building In- 2453780 thorization to legalize an Accessory spector's October 17,2019,Notice of Disap- Apartment in an existing accessory structure, proval based on an application fora permit to and request for a Variance from Article III, construct additions and alterations to an exist- Section 280-15;and the Building Inspector's ing single family dwelling,at,1)located less October 1,2019,Amended October 3,2019 than the code required minimum rear yard Notice of Disapproval'based on an applica- setback of 50 feet; 2) located less than the tion for a permit to legalize"as built"addi- code required minimum side yard setback of tions and alterations to an accessory garage 15 feet;located at 925 Youngs Road,Orient, converted in to an "as built" accessory NY.SCTM No 1000-18-1-4. apartment;at, 1) located less than the code 1:10 P.M. - BEACHWOOD ROAD 22, required minimum side yard setback of 5 feet, LLC #7380 - Request for Variances from located at 1065 Hummel Avenue,Southold, Article XXIII, Section 280-124 and the NY SCTM#1000-63-2-26, Building Inspector's November 12,2019,No- 10:00 A.M. - MILEVA GOBIC AND tice of Disapproval based on an application DRAGANA GOBIC#7374-Request for a for a permit to demolish an existing single Waiver of Merger petition under Article II, family dwelling and build a new single family Section 280-10A,to unmerge land identified dwelling, at, 1) located less than the code as-SCTM No 1000-70-9-35 which has required minimum total side yard setback of merged with SCTM No.1000-70-9-36,based 25 feet;2)more than the code permitted maxi- on the Building Inspector's October 7,2019 mum lot coverage of 20%, located at 545 Notice of Disapproval, which states that a Beachwood Road(Adj to the Great Peconic non-conforming lot shall merge with anadja- Bay), Cutchogue, NY. SCTM No cent conforming or non-conforming lot held 1000-116-4-22 in common ownership with the first lot at any 1:20 P.M. - MARLEY MCDERMOTT time after July 1, 1983 and that non- AND TRAULANE AGRUSA#7381-Re- conforming lots shall merge until the total lot quest for Variances from Article III,Section size conforms to the current bulk schedule 280-15 and the Building Inspector's De- requirements(minimum 40,000 sq ft in the cember 2,2019,Notice of Disapproval based R-40 Residential Zoning District),located,at on an application for a permit to construct an 465 Mailler Court,Southold,NY SCTM Nos. accessory in-ground swimming pool and to 1000-70-9-35&1000-70-9-36, legalize an"as-built"accessory deck;at, 1) 10:10 A.M.-JOSEPH MITCHELL#7375 swimming pool located in other than the code -Request for a Variance from Article XXIII, required rear yard, 2) "as built" accessory Section 280-124 and the Building Inspector's deck located in other than the code required November 13,2019,Notice of Disapproval rear yard,located at 275 Majors Path,South- based on an application for a permit to legal- old,NY SCTM No 1000-54-1-26 1 ize an"as-built"front portico and roof alter- 1:30 P.M.-JEFFREY R.LEMLER AND ation attached to an existing single family ANCA LEMLER #7382 - Request for a -- dwelling, at, 1) located less than the code Variance from Article III,Section 280-15 and required minimum front yard setback of 40 the Building Inspector's November 19,2019, feet,located at 1380 Corey Creek Lane(Adj. Notice of Disapproval based on an applica- to Corey Creek),Southold,NY.SCTM No tion for a permit to construct additions and 1000-78-4-18 3 alterations to an existing single family 10:20 A.M. - SOLUTIONS EAST, LLC dwelling resulting in a swimming,1)located #7379-Request for a Variance from Article in other than the code required rear yard, III,Section 280-15 and the Building Inspec- located at 320 Broadwaters Road, (Adj to tor's November 19,2019,Notice of Disap- Broadwaters Cove) Cutchogue, NY. SCTM proval based on an application for a permit to No. 1000-104-10-6 construct an accessory garage,at, 1)located 1:40 A.M.-CONO CIMINO#7338-(Ad- in other than the code required rear yard, joumed from December 19, 2019)Request located at 1055 North View Drive, Orient, for Variances from Article XXIIi, Section NY SCTM No 1000-13-3-1 280-124 and the Building Inspector's June 12, 10:30 A.M. - MILDRED DAVID#7376- 2019,Amended October 4,2019 and Notice Request for a Variance from Article XXIII, #0002453780 r 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 02/27/2020 Principal Clerk Sworn to before me this ... 37 day of ZQ_2Z , 1 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No.01V06105050 Qualified in Suffolk County My Commission Expires 02-28-2024 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of: MAILINGS Edmond D. Franco (Name of Applicant/Owner) 15919 Route 25,East Marion,NY SCTM No. 1000- 21-1-8.1 (Address of Property) (Section,Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK 1, ( )Owner, ( x )Agent Martin D.Finnegan residing at 1710 Pike Street,Mattituck New York, being duly sworn,deposes and says that: On the 14th day of February 2020, 1 personally mailed at the United States Post Office in Riverhead New York,by CERTIFIED MAIL, RETURN RECEIPT REQUESTED,a true ropy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the(x)Assessors,or( )County Real Property Office,for every property which abuts and is across a public or private street,or vehicular right-of-way of record,surrounding the applicant's perty. r (Signature) Sworn to before me this KATERINA GRINKO QUEZADA I 14th day of February 2020 Notm Public,State of Newyork No.01GR6287178 I Qualified In Suffolk County {Not ryrublic) Commission Expires August 05,2021 I 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. U.S. Postal Servicw V.S. 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A:Signature M ■ Print your name and address on the reverseX [3Agent so that we can return the card to you. ❑Addressee B. eived by(Prints ame) C. D e of D livery or on the front if space permits. t U Attach this card to the back of the mailpiece, Z f??? �! 1. Article Addressed to: D.,Is delivery address different from Item 1? ❑Yes f If YES,enter delivery address below: ❑No Osua-No (.ana��k��c Flew `40,(K, N y 10o0 3. Service Type ❑Priority Mail Express® IIIIII III III I III III I I I I I III I II I I I II I II III 1ElAdult3 Adult SiSignature g Signature Restricted Delivery ❑Registered Mail Rected 9590 9402 3183 7166 8064 61 ❑Certified Mail Restricted Delivery E3 um stri Delivery um eceipt for El Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery A Signature ConfirmationTM ❑Insured Mail ❑Signature Confirmation 17 019 01600000 5946 5 4 6 9 %'P�ovr$500) I Restricted Delivery Restricted Delivery i orm u y 0 PSN 7530-02-000-9053 i Domestic Return Receipt ' ' i I i ; 11111 I i i 1 11i I Isdnurnd F ranco Area T ariance Adjacent Owner Properly List 1000-23.4-6.1; 15437 Route 25, East Marion, NY 11939 Frederick De La Vega Lawrence Higgins 344 W 23rd Street Phb New York,NY 10011 1000-23.4-8.2; 15905 Route 25, East Marion, NY 11939 Colaitis Ep 2014 Revocable Trust Colaitis Dp 2014 Revocable Trust 143-04 Cronston Avenue Rockaway Park,NY 11694 1000-23.4-7; 15917 Route 25,East Marion,NY 11939 Linda A. Piekarski 5 Clarondon Place Scarsdale,NY 10583 1000-23.-1-9; 15921 Route 25, East Marion,NY 11939 Linda A. Piekarski 5 Clarondon Place Scarsdale,NY 10583 1000-23.4-11.3; 15925 Route 25, East Marion,NY 11939 Joyce A. Orrigo 130 Stanley Drive Centereach,NY 11720 1000-23.4-10.1; 16109 Route 25, East Marion,NY 11939 Osvaldo Landvik LLC 167 Bowery #4 New York,NY 10002 ' 1 TwomeyRE Latham SHEA, KELLEY, DUBIN & QUARTARARO, LLP Thomas A Twomey,Jr. (1945-2014) Stephen B Latham Martin D.Finnegan John F Shea,III Partner Christopher D Kelley David M Dubin Z 631-727-2180,x-265 Jay P Quartararo t mfinnegan@suffolklaw.com Peter M Mott Janice L Snead Anne Marie Goodale February 18, 2020 Bryan C Van Cott Kathryn Dalli Laura I.Dunathan Patrick B Fife Via Regular Mail Martin D.Finnegan 0 Reza Ebrahimi Jeffrey W.Pagano N Zoning Board of Appeals for the Town of Southold Karen A Hoeg Bernadette E Tuthill Attn: Kim Fuentes Craig H Handler 54375 Route 25 Post Office Box 1179 Bryan J Southold, NY 11971 Alexandraa Halsey-Storch als Melissa S Doris Katerina Grinko Lorraine Paceleo Re: Area Variance Application of Edmond D. Franco Terrence Russell Premises: 15919 Route 25, East Marion,NY Daniel R Bernard to Christina M Noon SCTM#1000-23-1-8.1 A Chadwick Briedis Dear Kim: OF COUNSEL Lisa Clare Kombrink Kevin M Fax Kelly E Klnirons With respect to the above-referenced matter, enclosed please find the Patricia J Russell original Affidavit of Mailing for filing with your office along with all five (5) Jennifer P Nigro Craig Gibson green and white receipts. + NY&LA BARS If you have any questions regarding the enclosed, please feel free to t LL M IN TAXATION ♦ NY&NJ BARS contact me. Thank you for your attention. O NY,NJ&PA BARS ■ NY,NJ&DO BARS ♦ NY,NJ&FL BARS Very t yours, Main Office 33 West Second St. P.O. Box 9398 Riverhead,NY 11901 lnnegan 631.727.2180 suffolklaw.com MDF/as Enclosures l 1 Twomey VA' Latham SHEA, KELLEY, DUBIN & QUARTARARO, LLP Thomas A.Twomey,Jr (1945-2014) Martin D.Finnegan Stephen B Latham John F Shea,III Partner Christopher D Kelley David M Dubin 4 631-727-2180,x-265 Jay P Quartararo t mfinnegan@suffolklaw.com Peter M.Mott Janice L Snead Anne Marie Goodale February 24, 2020 Bryan C Van Cott Kathryn Dalll Laura I.Dunathan By Hand Patrick B Fife Martin D Finnegan O Reza Ebrahimi Jeffrey W.Pagano . Zoning Board of Appeals for the Town of Southold Karen A Hoeg Attn: Kim Fuentes Bernadette E.Tuthill Craig H Handler 54375 Route 25 Post Office Box 1179 Bryan J.Drago Southold,NY 11971 Alexandra Halsey-Storch Melissa S.Doris KaterGrinko Lorraine Pacele Re: Area Variance Application of Edmond D. Franco Lorraine Paceleo Terrence Russell Premises: 15919 Route 25, East Marion, NY Daniel R Bernard t• Christina M.Noon SCTM#1000-23-1-8.1 A.Chadwick Briedis Dear Kim: OF COUNSEL Lisa Clare Kombrink Kevin M Fox With respect to the above-referenced matter, enclosed please find the Kelly E.Klnirons Patricia J Russell original Affidavit of Posting for filing with your office along with four(4) Jennifer P.Negro a Craig Gibson original green card receipts from the adjacent property owners. We have not yet received the remaining one (1) signed green card,but we will forward same :• NY&LA BARS upon receipt. t LL M IN TAXATION e NY&NJ BARS O NY,NJ&PA BARS ■ NY,NJ&DC BARS If you have any questions regarding the enclosed,please feel free to A NY,NJ&FL BARS contact me. Thank you for your attention. Main Office 33 West Second St. P.O. Box 9398 Very Riverhead,NY 11901 631.727.2180 suffolklaw.com Martin D. Finnegan MDF/as Enclosures BOARD MEMBERS ®��®f S® Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora t 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-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 5, 2020 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, MARCH 5, 2020. 10:40 A.M. - EDWARD D. FRANCO #7377 - Request for Variances from Article III, Section 280-15; Article XXII, Section 280-105(A); and the Building Inspector's October 18, 2019, Amended October 30, 2019 Notice of Disapproval based on an application for a permit to legalize an "as built" six (6) foot high fence in the front yard of a single family dwelling and to construct accessory mounted solar panels; at, 1) located less than the code required front yard setback of 60 feet; 2) "as built" fence is more than the code required maximum four(4) feet in height when located in the front yard; located at 15919 Route 25, (Adj. to the Long Island Sound) East Marion, NY. SCTM No. 1000-23-1-8.1. 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: February 20, 2020 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 NING 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.northfork.net February 5, 2020 Re: Town Code Chapter 55 -Public Notices for Thursday, March 5, 2020 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 February 181h: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and mailing address shown on the assessment rolls maintained by the Southold Town Assessors' Office. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or durinq the hearing providing the returned letter to us as soon as possible; AND not later than February 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. 2) Not Later February 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 March 3, 2020. 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 Ti � E UF HEARIi4t� "he following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road , Southold : . 'AME : FRANCO , EDWARD #7377 .: CTM # NE 1 000-23- 1 -81 . JARIANCEE FENCE HEIGHT , YARD SETBACK r,EQUESTOE LEGALIZE °LAS BUILT" SIX ( 6) FOOT HIGH FENCE & CONSTRUCT ACCESSORY MOUNTED SOLAR PANELS DATE : THURS . MAR. 5 , 2020 1 0 : 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 BOARD MEMBERSO��F so�jyol Southold Town Hall Leslie Kanes Weisman,Chairperson p 53095 Main Road •P.O.Box 1179 Patricia Acampora Southold,NY 11971-0959 Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. O! 54375 Main Road(at Youngs Avenue) Nicholas Planamento yIrou TY,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED Tel.(631)765-1809•Fax(631)765-9064 JPID November 25, 2019 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re:' ZBA File Ref. No. #7377 Franco, Edmond Dear Mark: We have received an application to legalize "as built" six foot high fence in the front yard of a single family dwelling and to construct accessory ground mounted solar panels. 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: 1� Encl. Survey/site plan: Nathan Taft Corwin III Land Surveyor, dated November 8, 2019 j BOARD MEMBERS ��OF S0 Z., Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento yIrou ,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD November 25, 2019 Tel.(631)765-1809•Fax(631)765-9064 Suffolk County Soil.and Water Conservation District Attn: Corey Humphrey 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA# 7377 — Franco, Edmond Dear Sir or Madam: We have received an application to legalize "as built" six foot high fence in the front yard of a single family dwelling and to construct accessory ground mounted solar panels, shown on the enclosed site map. The hearing on this application is expected to be held in approximately four weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Leslie K. Weisman Chairperson By: Encls. Survey/Site Plan: Nathan Taft Corwin III Land Surveyor, dated November 8, 2019 BOARD MEMBERS ��rjf S0(/r�o 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 iQ Town Annex/First Floor, Robert Lehnert,Jr. Ol 54375 Main Road(at Youngs Avenue) Nicholas Planamento yIrou I,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD November 25, 2019 Tel.(631)765-1809•Fax(631)765-9064 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 #: 7377 Owner/Applicant: Franco, Edmond Action Requested: legalize "as built" six foot high fence in the front yard of a single family dwelling and to construct accessory ground mounted solar panels Within 500 feet of: (X) 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 Within one (1) mile (5,280 feet) of: ( ) Boundary of-any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Ca erson By: Encls. Surve /Site Plan: Nathan Taft Corwin III Land Surveyor, dated November 8, 2019 BOARD MEMBERS OF SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �� if� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 - Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • �o� 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoOlif'COO Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 June 30, 2020 Martin Finnegan, Esq. 56340 Main Road Southold,NY 11971 Re: ZBA—Application#7377 Franco, 15919 Route 25, East Marion SCTM No. 1000-23-1-8.1 Dear Mr. Finnegan; Transmitted for your records is a copy of the Board's June 25, 2020 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. 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