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HomeMy WebLinkAbout7363 10 X73103 �u.b�Ylsi sn�m � ��tl��r� a3 51?,C Csa� WuVA d us,\1 1IW`10 -------- - — 7e5 I '� as�-�� ' • ' u�l(,L ►T� E Cf osa --$l oa,%ate --- 3�3 CHECK BOXES AS COMPLETED- ) Tape OMPLETED) Tape this form to ' ( ) Pull ZBA copy of ' cQ o a O ( ) Check file boxes . 0 _C CL ) Assign next nu.m:.,— - CO) outside of file fo. : ( ) Date stamp entir = - x; €xr�i =v �n'in -v ' file number 0 � 0 v �' '`' ( ) Hole punch enth � xig CD 0_ CD^' z `�" x ^` _r oz before sen in0 L � ( g =' ` w ' _ � z5• o — { ( ) Create new inde F- :. n I , -< ;0, CD _ ( ) Print contact inf .-:0 - YQ°,_. ( ) Prepare transm7 - ,,,3: w wr'"� O w- ( ) Send original api .-oCD to Town Clerk ( ) Note inside file 1 and tape to insic,= .6 ' ( ) Copy County Ta), : -n neighbors and k-- c� ( ) Make 7 copies ai ( )'Do mailing labol � w rn w t0 16111 4A I V �O1�I�ti r "� 20 QTY- DfS BOARD MEMBERS f$® Southold Town Hall Leslie Kanes Weisman,Chairperson ®�� u��®� 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 Planamentol%®U Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS 4, .23C)PH TOWN OF SOUTHOLD G 2 5 220 Tel.(631)765-1809•Fax(631)765-9064SouejU old Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 20, 2020 ZBA FILE: #7363 NAME OF APPLICANT: Donna M.Wexler,Donna M.Wexler Revocable Trust and Rodney T. Quarty PROPERTY LOCATION: 1275 West Hill Road and 1175 West Hill Road, Southold NY SCTM: 1000-70-4-22 and 1000-70-4-23 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 fi►rther 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 November 13, 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 January 27, 2020. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. The creation of two substandard lots in size under the minimum requirements of the R-40 zone Bulk Schedule does not reinforce a traditional land use pattern of the Town of Southold that is supported. Lot 22 will measure 23,202 square feet and Lot 23 will measure 20,000 square feet where 40,000 square feet is required. The flag of Lot 22 designed to access the water, creates a nonconforming rear yard setback for Lot 23. The lot width is also nonconforming to the R-40 zone Bulk Schedule. The proposed width of Lot 23 is 100' where 150' is required. The proposed lot line also intersects the existing dock. Similarly, the lot width of Lot 22 may also be proposed as nonconforming and it is recommended that this is clarified. Page 2,August 20,2020 #7363,Wexler SCTM No. 1000-70-4-22&23 Based on the number of nonconformities with the R-40 zone Bulk Schedule, the proposed action does not enhance community character, does not minimize adverse effects of development and sets an adverse precedent of recognizing and potentially increasing development on undersized lots. Policy 4. Minimize the loss of life, structures, and natural resources from flooding and erosion. The rear of the existing single-family residence is partially located within a FEMA flood zone with a 0.2 percent chance of annual flooding. The accessory garage is not located within a FEMA mapped area. In the event the action is approved, all construction of future structures should avoid the FEMA flood zones. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. J The proposal does not minimize adverse effects of development on the Town Creek watershed. Increasing residential density in land areas in close proximity to Town surface waters potentially impact such waters through contaminated groundwater influence and storm water runoff. Lot 22 already shows a septic tank and two leaching pools for wastewater disposal. It is unknown if the system is functioning. The creation of substandard lots could enable the construction of larger, single family residences with greater sanitary flow and thereby negatively impacting Town Creek water quality. Lot 23 also shows an existing septic tank and two leaching pools landward of the structure on a 2016 Board of Trustees approved survey. The sanitary system is not shown on the survey submitted to this Board and the function of the system is unknown. TOWN OF SOUTHOLD PLANNING BOARD: This application was referred for review and comments to the Town of Southold Planning Board who issued its response dated January 28, 2020, who recommends denying the application based on the potential for cumulative impacts to traffic, water quality and water quantity. This recommendation is due to the precedent this would set of granting large area variances for small lots that could affect neighborhoods in many other areas in the Town, from Laurel to East Marion. Setting this precedent is not consistent with the Town's Comprehensive Plan. Both proposed parcels would require substantial area variances. Lot 22 is proposed at 23,205 sq. ft. (a 42% variance) and Lot 23 is proposed at 19,989 sq. ft. (a 50%variance)with a lot width 33% smaller than required. The proposed lots will also likely require building setback variances. The area is also environmentally sensitive due to its location, adjacent to Town Creek. The two parcels merged in 2000. The current owners purchased the property in the merged condition several years later. In 2005 the ZBA denied a waiver of merger application by the current owners, and that decision was upheld in an Article 78 challenge. In March, 2017, a building permit for the accessory garage on Lot 22 was issued with the written condition that the two parcels be combined prior to a certificate of occupancy. The Town's Comprehensive Plan, which currently consists of several plans including the Local Waterfront Revitalization Plan as well as the Town Code, identifies the Residential-40 Zoning District as having a minimum lot size of 40,000 square feet. Many parcels in the subject neighborhood are pre-existing, non-conforming with regard to the lot dimensions and setbacks in the Town Code. Applying a zoning district with a larger minimum lot size was intentional on the part of the legislative body of the Town, with the intent being to reduce the impacts that come from overly dense development over time. This is the main goal of the merger law that requires that undersize parcels merge when held in the same ownership. Granting substantial area variances to unmerge lots using the rationale that the other lots in the neighborhood are small would undermine the zoning in all the areas where there are smaller lots. There are likely a large number of Page 3,August 20,2020 #7363, Wexler SCTM No. 1000-70-4-22&23 merged lots in the Town. If the precedent is set by granting this variance, the concern is that many more applications will come in to divide properties using substantial variances, resulting in an increase in the future buildout. Furthermore, an increase in the Town's future buildout will have adverse effects on the Town over time. The adverse effects would include an increase in traffic, and a strain on the water supply, as well as increasing the pollution of our drinking water and bays and creeks by adding more septic systems. PROPERTY FACTS/DESCRIPTION: The subject non-conforming, 23,202 square feet, .69 acre canal-front parcel, known as Lot 1 of Calves Neck subdivision (SCTM: 1000-70-4-22) located in the R-40 Zoning District measures 156 feet on West Hill Road, then runs southeast 261.18 along a residentially developed lot to the west, then continues along the same property 128.32 feet, beyond a wood bulk-head and into Jockey Creek, a dredged canal, then runs north 28.04 feet in the canal and then runs west 100 feet along a residentially developed lot to the north, subject of this re-subdivision application, known as Lot 2 of Calves Neck subdivision (SCTM: 1000-70-4- 23), then returns north 200 feet along the same lot back to West Hill Road. Lot 2 is a non-conforming, 20,000 square feet, .46 acre rectangular-shaped, canal-front parcel, located in the R-40 Zoning District and measures 100 feet along West Hill Road,then runs south 200 feet along an improved lot to the west, subject of this re-subdivision application, known as Lot 1 of Calves Neck subdivision,then runs east 100 feet along the same parcel, then returns 200 feet back to West Hill Road. Loth 1 is developed with a 2 story building with a garage underneath, a front stoop, a first story deck over the driveway, stone walk & steps and a RCA driveway shared with Lot 2; Lot 2 is developed with one story frame house with garage underneath, a wood deck, a rock & pond area, brick walkway, and a RCA driveway shared with Lot 1. The two lots share a wood bulkhead at the waterfront, as shown on the survey prepared by Howard W. Young, Licensed Surveyor, last revised January 16, 2018. BASIS OF APPLICATION: Request for Variances from Article IV, Section 280-18 and the Building Inspector's September 30, 2019 Notice of Disapproval based on an application for a subdivision of merged properties at, 1) both proposed lots will be less than the code required minimum lot area of 40,000 sq. ft.; located at 1275 West Hill Road and 1175 West Hill Road, Southold,NY. SCTM#1000-70-4-22 and 1000-70-4-23. RELIEF REQUESTED: The applicant requests variances tore-subdivide merged properties. The proposed subdivision, to re-create two previously legal lots, merged by Town Law, in the Residential R-40 District, is not permitted pursuant to Article IV, Chapter 280-18, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule". Bulk Schedule requires a minimum lot size of 40,000 square feet. Following the subdivision, lot 1 (SCTM: 1000-70-4-22) will measure 23,202 square feet in total size and lot 2 (SCTM: 1000-70-4-23) will measure 20,000 square feet in total size. Southold Town Planning Board approval will also be required. Additionally, the subdivision will create the need for a variance on lot 1 (SCTM: 1000-70-4-22) for an accessory garage structure where no principle residential unit exists and additional variances on lot 2 (SCTM: 1000-70-4-23)for reduced rear-yard setback and reduced side-yard setback. ADDITIONAL INFORMATION: This application was originally calendared to be heard at the February 6, 2020 Public meeting of the Zoning Board of Appeals. On January 29, 2020 the applicant's agent requested a postponement, which was granted by the Board, to the May 2020 Regular meeting. As a result of the closure of Southold Town Hall due to the Covid 19 Pandemic the May 2020 meeting was postponed and the file was included in the August 6, 2020 public hearing. The following time-line applies to the file based on applicant testimony, the application for re-subdivision and Town records: Page 4,August 20,2020 #7363, Wexler SCTM No. 1000-70-4-22&23 1972 Calves Neck subdivision map filed September 1973 Certificate of Occupancy issued for single-family residence on lot 2 (SCTM...23) September 1996 Lot 1 (SCTM...22) sold from Benson to Collins September 1996 Lot 2 with house sold from Benson to Devlin&another August 2000 Lots merged as a result of Lot 1 sold from Collins to Devlin & another. The same name as Lot 2 June 2004 Owner of both lots changed to Devlin N/C April 2005 Notice of Disapproval to Devlin for Waiver of Merger for Lots 1 & 2. Lots merged and house exists on Lot 2 June 2005 Parcel is sold from Devlin to Wexler, but remain merged. Lot 1 is recorded as being sold to Wexler&another,while Lot 2 is sold from Devlin to Wexler alone. August 2005 Amended Notice of Disapproval to Wexler — Waiver of Merger for Lots 1 & 2. Properties are merged with a house on Lot 2. Applicant was seeking a residential building permit for Lot 1 August 2005 Waiver of Merger application denied by the Zoning Board of Appeals file#5722 January 2006 Article 78 challenging the ZBA's decision denied by the Supreme Court. February 2006 Building Permit #31765 issued for residential alterations. Covered by Certificate of Occupancy#31721 issued August 3, 2006 July 2006 Building Permit 432220 issued for residential deck repairs. Covered by Certificate of Occupancy#Z-32652 issued October 4, 2007 May 2013 Ownership of both parcels changed in contravention of law. Parcels remain merged. April 2015 Building Permit#39679 issued for an accessory(to the residence) garage/studio January 2016 Stop Work Order issued on 1/12/16 as a result of Building Permit #39679 issued in error due to misrepresentation of material fact. Same day a Revocation of Building Permit#39679 is issued. March 2017 Building Permit #41436 issued for accessory garage/studio providing that Lots 1 &2 must be combined before the issuance of a Certificate of Occupancy. Included is language relative to a letter of Non-Jurisdiction—Article 25, from the New York State Department of Environmental Conservation. July 2017 Ownership of Lot 1 changed, from Wexler Trust to Quarty (2% interest) in contravention of law. Parcels remain merged. May 2019 Building Permit 443729 issued to replace Building Permit #41436 reiterating that both Lots 1 & 2 must be combined prior to the issuance of a Certificate of Occupancy on the garage/studio structure under construction. The applicant's agent delivered via email to the Board a statement of FACTS IN SUPPORT OF VARIANCE a day prior to the public hearing(hereinafter referred to as the applicant's written submission"). One letter of opposition was received from an immediate neighbor. No other member of the public spoke in favor of or against this application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 6, 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 X267-b(3)(b)(1). Grant of the variances will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Calves Neck subdivision and immediate Calves Neck Page 5,August 20,2020 #7363, Wexler SCTM No. 1000-70-4-22&23 neighborhood (consisting of several subdivisions: Calves Neck, Map of Corey Creek Estates, Fairview Park, Plan of Lots of George Wells) is a creekfront neighborhood of varying lot size and shape, home design and age covering upland and waterfront lots. It has evolved over many years and consists of single-family residences nestled along curvaceous roads that follow the waterfront or the terrain and allows for access to and views of Town Creek and a dredged canal. The adjacent subdivision immediately opposite the subject properties includes a provision for open space which is also an integral part of this subject neighborhood. The subject property is bordered by a continuous substantial stone wall along the West Hill Road street frontage and has a singular access point to the subject parcel. Lot 1 is landscaped and the dwelling on lot 2 is set back more than 100 feet front the street. These features collectively cut off from view the subject lot which enhances the open space in the neighborhood. As stated in the LWRP'and Planning Board comments cited above, the re-creation of what would now be two non-conforming lots in contravention of current zoning regulations, will have a detrimental effect on the neighborhood as it has evolved over time. Additionally, granting this relief would create future non-conformities requiring additional relief from this Board relative to an accessory structure on Lot 1 without a primary residence and side and rear yard setbacks on Lot 2 relative to the existing residence,neighboring lot lines and the existing bulkhead. 2. Town Law $267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. While the applicant seeks a subdivision in order to develop two residences, they can declare the existing house their primary home and apply for a Special Exception to convert the studio space located over the accessory garage to an accessory apartment and rent it via the Town's affordable housing registry or offer it,with a lease,to a family member. 3. Town Law X267-b(3)(b)(3). The variances requested herein are mathematically substantial, representing a 42% relief from the code relative to Lot 1 (CTM: 22) and 50% relief from the code relative to Lot 2 (CTM: 23). 4. Town Law §267-b(3)(b)(4). Evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The LWRP Coordinator notes in his determination of INCONSISTENCY that the proposal subdivision "does not minimize adverse effects of development on the Town Creek watershed. Increasing residential density in land areas in close proximity to Town surface waters potentially impact such waters through contaminated groundwater influence and storm water runoff. Lot 22 already shows a septic tank and two leaching pools for wastewater disposal. The creation of substandard lots could enable the construction of larger, single family residences with greater sanitary flow and thereby negatively impacting Town Creek water quality." 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a subdivision while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. The applicant's written submission, in part, purports to counter the findings and determination of the LWRP Coordinator. The written submission, however, relies heavily on repeated, self-serving, conclusory statements and ignores several significant findings of the LWRP coordinator. For example, in purported response to the LWRP Coordinator's findings that the proposed action does not enhance community character, does not minimize adverse effects of development and sets an adverse precedent of recognizing and potentially increasing development on undersized lots under Policy 1,the written submission relies only on the often repeated comment that the subject lots were previously approved lots and are therefore not new lots, and that the lots have department of health approved sanitary system. The written submission, however, fails Page 6,August 20,2020 #7363, Wexler SCTM No. 1000-70-4-22&23 to set forth any facts to support the conclusion that the proposed action help 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, or minimizes adverse effects of development. Moreover, the written submission fails to address LWRP Coordinator's findings that the proposed action, if approved, would create the additional non-conformities and would have the lot line intersecting an existing deck. Finally, the proposition that the proposed lots are not new lots because they previously existed is unconvincing. The applicant apparently fails to recognize that, although the lots at one time may have been two separate lots, they are now one lot. To grant the relief requested would allow the applicant to proceed with creating 2 lots where only one exists. Similarly, with regard to Policy 4, the written submission simply states that the existing structure has never experienced flooding and does not provide any explanation as to the effects of adding an addition principle structure and ignores the recommendation of the LWRP Coordinator that any new structures should be located to avoid the FEMA flood zones. In addressing the Policy 6 findings of the LWRP Coordinator the written submission focuses on the fact that the lot currently has 2 approved sanitary systems, one for the accessory building and one for the primary structure, and that if the proposed action was approved, the ZBA could require that any new principle structure on the newly created lot use an UA sanitary system. The written submission fails to address the impact of a secondary principle structure with an UA system compared to the existing accessory structure with existing sanitary system. Additionally, the written submission fails to address the issue of storm water runoff which was raised in the LWRP determination. The board fully considered the applicant's written submission but for the reasons set forth above, finds it to be unpersuasive. As set forth above, the Planning Board submitted detailed comments regarding the proposed action. While the comments did include information that is relevant to the balancing test the Board must conduct pursuant to Town Law § 267; it also contained information and comment on issues such as consistency with the Comprehensive Plan and Town wide impacts which are outside the purview of this Board. In considering the comments submitted by the Planning Board, this Board only considered factors relevant to the balancing test under Town Law § 267 in rendering its decision. 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 Planamento, seconded by Member Dantes, and duly carried, to DENY the variances as applied for, Vote of the Board: Ayes: Members Weisman (Chairperson)Acampora,Dantes,Lehnert, and Planamento(5-0). 6es ie Kanes Weisman, Chairperson Approved for filing O' �//2020 (1)UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SF "F THE NEW YORK STATE EDUCA71DN LAW (2)DISTANCES SHOWN HEREON FROA-f---j ")ES TO EXISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABUSH PROPERTY LINES OR FOR ERECTION OF FENCES.(3)COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY.(4)CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PI AND ON HIS BEHALF TO THE TITLE COMPANY:,TOVEANMENTAL AGENCY AND LENDIA LUSTED HEREON,AND.70 THE ASSIGNEES OF THE LENDING INSTITUTION CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. (5)THE LOCATION OF WELLS(W),SEPTIC TANKS(ST)k CESSPOOLS(CP)SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. 400 Ostrander Avenue,Riverhead,New York 11901 tel. 631.121.2303 fax.631.121.0144 admin®youngengineering.com Howard W.Young,Land Surveyor C' Thomas 0. art,Professional ineer v Douglas E.Adams,Professional Engineer Robert G.Tast,Architect 01 O . ry YNEST HILL ROA, SITE DATA SI 588°52'40" 156.001 ` — ' — . . . — e , 1n7M 1 u1 IN - N S RECEIVE® — — — ——---— —— — - -- — _-' GONG.cuRB AREA = 25,202 50. FT. LIL 19--- WATER VALVE SUBDIVISION- "MAP OF CALVES NECK"FILED IN THE OFFICE OF n INALL IL TE i IL THE CLERK OF SUFFOLK COUNTY ON FEB. 15,1912 AS,FILE NO.5613. OCT 0 8 2919 1 156.00 I FK S SIN HEALTH DEPARTMENT USE NIP a z1aning Board Of Appeals ix-c Lot ,l N "Calves Neck" 1- ' ° I Q �� 5S O wATEh < r 1 c SURVEYOR'S CERTIFICATION~; -.,, � O _ N O I � . r-,-r- I`i C I/I/ r� Z •WE HEREBY CERTIFY TO D O N NA W E L AT,THIS1� KAS PREPARED IN ACCORDANCE WITH THI: DE`OF,�PR GTIG 8 9Z a9' rn cic I O N FOR LAND SURVEYS ADOPTED BY THE 1(0�2KF5T G ,r �le 3 ASSOCIATION OF PROFESSIONAL LAND `A�JE1'OO � y0�/ OIG - P"1! 1 p vd �, r.` y G) b\A � 3 ' -T mtkv rn Z'y O of N 1 � cr lila 453 tet 9Ip��p O R G �T S O� U1 HOWARD W.YOUNG,N.Y.5.L.S.NO.45893 p�\ \op 1 9 X06 6� f b� A. I N 5URVEY FOR -�J G � •i � ,v tee- DONNA YeXLER r � LOT I, "MAP OF CALVES NECK" gc o �P P at Southold, Town of Southold �o Suffolk County, New York 588 5 O E 100.00' I O FINAL SURVEY �F O REBARMAIL�9 eJOCKEY GREEK AP SET �5w SET p� OC KEY CANAL" Tax Map DI.trict 1000 S..tmn-TO 131o.k 04 Lot 22 tj/ ` U 0 O FIELD SURVEY COMPLETED OCT.15,201.1 SPIKE d• - \q»P SET I y O MAP PREPARED OCT. 14,201-7 rn Record of Revisions Wyt(u N86051'20"p ratite Li 1 NAIL — — _ _ RECORD OF REV15IONS DATE Qm }12832 ser AMENDED SANITARY MEASUREMENT JAN.02.2016 # AMENDED SANITARY JAN. W 2018 5ANITARY MEASUREMENTS now or formerly A 5 Mebus ouallflecl Personal i now or formerly Resldence Trust # a Patrick H. Maloney 4 5T 2 5 52, LPI 300', 45.5' / Carol Lynn Maloney 40 O 20 40 60 a LP2 35' 38' Scale: 1" = 40' JOB NO.201"1-0194 DWG.2015_0064_2019_0194—fs OF I E= MONUMENT SET ■= MONUMENT FOUND A= STAKE SET A= STAKE FOUND I s I - ------------------------------ -- M C H (2)2X6 ACQ w/3/8"STEEL h 1 Desion Services X OU II� 'q; mmmmchdeslanservlces.corr ^ I� i•7 phone, (531)298.2250 email: mlchael@mchdesignservlces.cc RECEVED ; ti 1 1 1 , I 1 , OCT 0 v 1 3'� --- 1 /•C A--,peals AI p•, 1 1 1 � 1 I .d , Zoning Board C)1 --, pals I 1 1 1 1 I 1 �ry \- 1 - 1 UNFINISHED 15ASEME qT / GARAGE Q • l I 1 1 , I I , I 1 1 I 1 I • 1 I I I 1 1 1 1 Q I ' Z W N 12R to N I I STAIR O ; I 1 1 p,, 1 .• I H ' 1 1 •-------------------f i I Q I , • , 1 I I •D 1 1 Q 1 1 1 1 I I I 'I I 1 , • tl I V I D • 1 1 I - • 1 I 1 0 I O I bo 1 I I - ' 1 1 I 1 - I 1 Q , 1 I .•C 1 ' •------------------------------------------------------------------------------• - ' , Q I 3 v 707 o v G o d 4 'v 77 0 1 --------------------- ----- -o- --------------------------;--------- ---------------------• DRAWN BY: MF 1 1 - a Fiala ER �F N E W PI !2I 2X10 AGQ GIRDER �P� R Yo 8/20/2017 � X - ; ; -- SCALE: SEE PLAP FOUNDATION SC,4L•E: 3/16" = I'-O° F�ARo ss oNP� SHEET NO: 28' M C H De I Services ::^.w.m hdeclancervi es. orr 14'-O" phone. (631)298.2250 [/ 1/2"S.S.CABLE email, 4X4X8 m1chael@mchdeslgnservices.cc RECEIVED w/5/8"SHACKLE STEEL 3/4"TURNBUCKLE COLUMN STEEL CONNECTIONS OCT 0 2019 AND TIE-INS AS DESIGNED BY NORTHFORK,WELDING Zoning Board Of Appeals (4)2X10 j(4) X8 STEEL BASE ACQ 3'-1%" x 4'-B%" FUJG1206I1-4 SAAB 3'-1%"x 4'-8'4" GIRDER (3)1-3/4X14 ML HEADER F+ HRUBOLTS �-�. C 3/8"STEEL PLATE Y W W o uj `Y 1/2 WALL0 ~ x 12R STAIR in U N C U Q i+l ' O - if1 �p O UTILTY - DRAWN BY: MF 6'-5n ROOM o NEW p 8/20/2017 .1 • yo w=Emmi hit 5 N. EERY AN281 MG120611-4 SAAB CO �Cr `��* SCALE: SEE PLAT r ' Lu " A P SHEET NO: 1ST. FLOOR FLAN R�FESS SC,4LE: 311611 = v-011 ,= t M C H Desian Services 7�J ^� s:ww.mchdec_lanc_ervices.corr '•]�� /S phone: CJ�(�f (631)298.2250 28'-10" email: RECEIVED michael@mchdeslgnservices.m 8'-8" 11'-6" 8'-8" OCT 0 8 2019 / TW24310 DHP410310 TW24310 -Zoning Board Of Appeals 4 � WALLUND R ROOr PITCH CHAN E W P z W W o a 1/2 WALL _ - ' �o .�1� _ z w .'. 1 ,�� QQLy W Q `�w Q F 12Rm m 3'HIGH RAIL m N STAIR m O AT DOOR a N / F7 QF- H In v O - �F WALL UNDER ROOF PITCH CHAN 4 LL UNDER OOF PITCCHAR iE DRAWN BY: MFW ��QF NEw yo 8/20/2017 -8" ��P�S ' DEFR�O SCALE: SEE PLAT 28'-10.. roG w ';i'= 33 Cor 2ND C7 - tri,, „� e _� FLOOR ��1 V' ~`4,1? O V �� SCALE: 3/16" = t'-O" FaARo r 1 NPS SHEET NO: 'I ,I OFFICE LOCATION: MAILING ADDRESS: �/ Town Hall Annex Of so P.O.Box 1179 I� Y 54375 State Route 25 ®� ®l Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Telephone: 631 765-1938 �S Southold, NY www.southoldtownny.gov DOCAP ��c®U ,� RECEIVED �I JAN 2 8 2020 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Zoning Board Of Appeals MEMORANDUM To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman Members of the Planning Board Date: January 28, 2020 Re: Request for Comments for Donna Wexler SCTM#1000-70.4-22 & 23 ZBA#: 7363 The Planning Board has reviewed your request for comments regarding the above- referenced file, and recommends denying the application based on the potential for cumulative impacts to traffic, water quality and water quantity. This recommendation is due to the precedent this would set of granting large area variances for small lots that could affect neighborhoods in many other areas in the Town, from Laurel to East Marion. Setting this precedent is not consistent with the Town's Comprehensive Plan. Both proposed parcels would require substantial area variances. Lot 22 is proposed at 23,205 sq. ft. (a 42% variance) and Lot 23 is proposed at 19,989 sq. ft. (a 50% variance) with a lot width 33% smaller than required. The proposed lots will also likely require building setback variances. The area is also environmentally sensitive due to its location, adjacent to Town Creek (see attached aerial map). The two parcels appear to have merged in 2000. The current owners purchased the property in the merged condition several years later (see the timeline attached). In 2005 the ZBA denied a waiver of merger application by the current owners, and this decision survived an Article 78 challenge. In March, 2017, a building permit for the accessory Southold Town Planning Boara Page 12 January 28, 2020 2 �,J 3 garage on Lot 22 was issued with the written condition that the two parcels be combined prior to a certificate of occupancy. The Town's Comprehensive Plan, which currently consists of several plans including the Local Waterfront Revitalization Plan as well as the Town Code, identifies the Residential-40 Zoning District as having a minimum lot size of 40,000 square feet. Many parcels in the subject neighborhood are pre-existing, non-conforming with regard to the lot dimensions and setbacks in the Town Code. Applying a zoning district with a larger minimum lot size was intentional on the part of the legislative body of the Town, with the intent being to reduce the impacts that come from overly dense development over time. This is the main goal of the merger law that requires that undersize parcels merge when held in the same ownership. Granting substantial area variances to unmerge lots using the rationale that the other lots in the neighborhood are small would undermine the zoning in all the areas where there are smaller lots. There are likely a large number of merged lots in the Town. If the precedent is set by granting this variance, the concern is that many more-applications will come in to divide properties using substantial variances, resulting in an increase in the future buildout. Furthermore, an increase in the Town's future buildout will have adverse effects on the Town over time. The adverse effects would include an increase in traffic, and a strain on the water supply, as well as increasing the pollution of our drinking water and bays and creeks by adding more septic systems. Thank you for this opportunity to provide comments, and please feel free to contact the Planning office with any questions. X133 Wexler Proposal Timeline 1972: Calves Neck Subdivision map filed September 1973: CO was issued for the residential dwelling on Lot 23 1996: Lots sold from Benson to Collins(Lot 22) and Benson to Devlin & another(Lot 23) 2000: Lots merged: Lot 22 deed Collins to Devlin & another,the same name as Lot 23 f 2004: Owner of both tax parcels changed to Devlin N/C April 2005: Notice of Disapproval to Devlin for waiver of merger for Lots 22 &23 Lots are merged and already a house on Lot 23 June 2005: Parcels sold to Wexler, but remain merged Lot 22 Devlin N/C sold to Wexler & another, Lot 23 sold to Wexler(alone) August 2005: Amended Notice of Disapproval to Wexler—waiver of merger for Lots 22 & 23 Merged and already a house on Lot 23'. Seeking house bldg. permit on Lot 22. August 2005: Waiver of Merger Denied by ZBA January 2006: Article 78 challenging the ZBA's decision denied by the court May 2013: Ownership of both parcels changed. Still considered merged by Town Code. April 2015: BP# 39679 for accessory garage and studio on Lot 22 2015: Building Permit Revoked March 2017: Building permit for accessory garage: Requirement for lots to be combined prior to certificate of occupancy. i Y J! �� �1► 2019 Goo le •: �r Google Earth 273all 1954 �. �� 41°03'37.1"N 72-2520.46"W elev Oft eye alt 11_99 ft 0 FICE LOCATION: �� Ol MAILING ADDRESS: Z4375 own Hall Annex '` P.O. Box 1179 State Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY 11971 �pQ Telephone: 631 765-1938 ®�yCOU � Fax: 631765-3136 v LOCAL WATERFRONT REVITALIZATION PRO REAM TOWN OF SOUTHOLD RECEIVED MEMORANDUM JAN 2 '172020 �, 73� tori=ing Board Of Appeals To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry,AICP Assistant Town Planning Director LWRP Coordinator Date January 27, 2020 Re: LWRP Coastal Consistency Review for ZBA File DONNA M.WEXLER,DONNA M.WEXLER REVOCABLE TRUST AND RODNEY T. QUARTY 97363 SCTM No. 1000-70-4-22 & 1000-70-4-23 DONNA M. WEXLER, DONNA M. WEXLER REVOCABLE TRUST AND RODNEY T. QUARTY #7363 - Request for Variances from Article IV, Section 280-18 and the Building Inspector's September 30, 2019 Notice of Disapproval based on an application for a subdivision of merged properties at, 1) both proposed lots will be less than the code required minimum lot area of 40,000 sq. ft.; located at 1275 West Hill Road and 1175 West Hill Road, Southold,NY. SCTM#1000-70-4-22 and 1000-70-4-23. The proposed'action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,the proposal is recommended as INCONSISTENT with the below LWRP policies. Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. The creation of two substandard lots in size under the minimum requirements of the R-40 zone Bulk Schedule does not reinforce a traditional land use pattern of the Town of Southold that is supported. Lot 22 will measure 23,202 square feet and Lot 23 will measure 20,000 square feet where 40,000 square feet is required. The flag of Lot 22 designed to access the water,creates a nonconforming rear yard setback for Lot 23. The lot width is also nonconforming to the R-40 zone Bulk Schedule. The proposed width of Lot 23 is 100' where 1.50' is required. The proposed lot line also intersects the existing dock. Similarly the lot width of Lot 22 may also be proposed as nonconforming and it is recommended that this is clarified. 1 Based on the number of nonconformities with the R-40 zone Bulk Schedule,the proposed action does not enhance community character, does not minimize adverse effects of development and sets an adverse precedent of recognizing and potentially increasing development on undersized lots. The action does not meet this policy. Policy 4. Minimize the loss of life, structures, and natural resources from flooding and erosion. The rear of the existing single family residence is partially located within a FEMA flood zone with a 0.2 percent chance of annual flooding. The accessory garage is not located within a FEMA mapped area. In the event the action is approved,all construction of future structures should avoid the FEMA flood zones. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. The proposal does not minimize adverse effects of development on the Town Creek watershed. Increasing residential density in land areas in close proximity to Town surface waters potentially impact such waters through contaminated groundwater influence and storm water runoff. Lot 22 already shows a septic tank and two leaching pools for wastewater disposal. It is unknown if the system is functioning. The creation of substandard lots could enable the construction of larger, single family residences with greater sanitary flow and thereby negatively impacting Town Creek water quality. Lot 23 also shows an existing septic tank and two leaching pools landward of the structure on a 2016 Board of Trustees approved survey. The sanitary system is not shown on the survey submitted to this Board and the function of the system is unknown. In the event the action is approved and new structures are constructed on site; it is recommended that an I/A OWTS be required to meet this policy. Compliance to Chapter 236 Storm Water Management of the Southold Town Code should be required for both existing structures. 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 I m COUNTY OF SUFFOLK RECEIVED NOV 18 -11 Zoning Board of Appeals �d OFFICE OF THE COUNTY EXECUTIVE p J Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Acting Commissioner Economic Development and Planning November 13, 2019 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. _Applicant Municipal File Number Reinckens, Paul #7359 Wexler, Donna #7363 Basios, Panayiotis #7364 Blazowski, Susan #7365 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein, Principal Planner TRK/cd Division of Planning &Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 FORM NO. 3 RECEIV ED TOWN OF SOUTHOLD BUILDING DEPARTMENT OCT 0 8 SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Zoning Board p DATE: September 30,2019 TO: Patricia Moore(Wexler) 51020 Main Road Southold,NY 11971 Please take notice that your application dated September 19,2019 For a permit for a subdivision of merged properties at Location of property 1275 West Hill Road& 1175 West Hill Road, Southold,NY County Tax Map No. 1000—Section 70 Block 4 Lot 22&23 Is returned herewith and disapproved on the following grounds: The proposed subdivision,to re-create two previously legal lots,merged by town law,in the Residential R-40 District,is not permitted pursuant to Article IV,Chapter 280-18,which states,"No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule" Bulked schedule requires a minimum lot size of 40,000 square feet. Following the subdivision,lot 22 will measure 23,202 square feet in total size and lot 23 will measure 20,000 square feet in total size. Southold Town Planning Board approval will also be required. Note to Applicant:Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. ed Signature r APPLICATION TO THE SOUTHOLD TOWN BOARD OF PEALS RECEIVED ee$$ Filed By: Date Assigned/Assignment No. E$ lice Notes: Zoning Board Of A eals House No. 1275&1175 Street Hill Road Hamlet Southold SCTM 1000 Section-70—Block-4 Lot(s)22&23 Lot Size 23,202 Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 9/30/19 BASED ON MAP DATED last dated 1/16/18. Applicant(s)/Owner(s): 1275 Hill Road: Donna M. Wexler, Trustee of the Donna M. Wexler Revocable Trust(98%)and Rodney T.Quarte(2%) 1175 Hill Road: Donna Wexler,as Trustee of the Donna Wexler Revocable Trust Mailing Address: 1775 Indian Neck Lane,Peconic NY 11958 Telephone:_ Fax#: _c/o 631-765-4643_Email:_pcmoore@mooreattys.com NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Patricia C.Moore Esa. for(X )Owner,or ( )Other: Agent's Address: 51020 Main Road,Southold NY 11971 Telephone_631-765-4330 Fax#: 631-765-4643 Email: cmoore(&mooreattvs.com Please check box to specify who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or E Authorized Representative, or ❑Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED and DENIED AN APPLICATION DATED FOR: E Building Permit-Area Variance for lot 22(return to lot sizes of subdivision map Lot 1 and Lot 2 of Map of Calves Neck at Southold. Map#6919. ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change of Use ❑Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article IV Section 280-18_Subsection_(bulk schedule)_ Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. (Area Variance for lot) ❑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 li RECEIVED A prior appeal 8 has,has not been made at any time with respect to this prope tv,� � ga No.5722 Year 8/18/05. (Please be sure to research before completing this questi n or ca r c+el assistance.) Waiver of Merger denied(economic hardship standard) Name of Owner: Wexler Revocable Trust ZBA File Zoning Board Of Appeals REASONS FOR APPEAL(additional sheets may be used with preparer's signature): AREA VARIANCE REASONS. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: Tax Lot 22 has a 2 story garage constructed with a building permit (see #12 of requested submission packet). Pending determination of this variance, the garage would receive a certificate of occupancy as a single family dwelling. Tax Lot 22 is "Lot number 1" on the filed map of Calves Neck. This 23, 202 sq.ft. Lot is larger than tax lots 23 through 28 on Hill Road. The lots were created in the Map of Calves Neck at Southold and the lots were dredged along the water to construct the adjacent dredged canal. The canal was thereafter improved with a bulkhead. These lots are all waterfront lots with bulkhead frontage. The subdivision has been fully developed and the size of the subject parcels is uniformly sized and comparable to the improved lots in the Calves Neck subdivision and surrounding lots . (Exhibit A-Attached is a map of the subdivision which includes the address and lot size of all the parcels on Calves Neck.) Table 1 provided by Ms. Wexler shows the size of the neighboring parcels. This subdivision was developed with % acre lots. The larger lots on the end of Calves Neck (lots 45.5 and 45.) are a little larger because three lots were split between the two adjacent owners. These lots have been built with larger homes. The proposed area variance will re-establish a lot which is conforming to the character of the neighborhood. The area variance will return the parcel to the original size and allow the existing two story garage to be used as a dwelling. Each parcel has been developed independently and treated as two separate parcels. The two parcels have been owned by different entities and the area variance will authorize the separate use of each parcel as was intended by their separate ownership. The parcels continue to receive separate tax bills. The parcels have separate deeds, separate titles, separate transfer documents, and paid separate transfer tax and peconic tax when the lots were purchased. Lot 22 was classified as a vacant residential parcel. Ms. Wexler met with Suffolk County Real Property Office in Riverhead and she was informed that, according to the County, the two parcels are not merged. In addition, the Health Department recognizes each parcel as a separate buildable parcel. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: The existing structure meets all the code requirements of a new single family dwelling. The existing structure would be more conforming to the character of the neighborhood as a dwelling then it does as an accessory garage. An application for a building permit to construct a garage was issued on 4/15/15 and construction commenced on August 24,2015 for an accessory garage with HD &DEC approval. After the garage was substantially constructed (foundation, framing, rough electric and plumbing) the building permit was extended but the building department required the lots to be merged. The owner began investigating why the lots had to be merged. Ms. Wexler, after RECEIVED months of investigating the alternatives and research, the building depall Ment =* Ab& iceof disapproval that in order to convert the garage to a dwelling an a ea va e required. Zoning Board Of Appeals (3) The amount of relief requested is not substantial because: The size o 1te-lotis-V-&f the-siz required in a one acre (R-40) zoning district. However, it is conforming to all the other lots in the neighborhood. Calves Neck was developed in the 1970's when '/ acre lots were permitted lot sizes. The subject parcel is Lot 1 of a major subdivision made up of primarily '/Z acre lots. The parcels continue to be taxed as separate parcels by the Town and have been owned by separate legal entities. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: This is one lot in a fully developed community/neighborhood with more than 50 homes. This lot has been developed with a building which has an approved sanitary system, complies with all drainage codes, and New York State Building Codes. The only impediment to a certificate of occupancy as a single family dwelling is the area variance. The assessors have considered the parcel a separate parcel and the Town has treated the two lots separately in determining the overall density of the community. (5) Has the alleged difficulty been self-created? ( )Yes,or (X)No. The parcels were purchased by different entities,was denied a waiver of merger in 2005 under a different law which required proof of"economic hardship". That standard was changed by the Town Board because it was not fair and equitable. The Town Board ultimately removed "economic hardship" from the standards of "waiver of merger"law. However, because the merger occurred with the prior owner(seller)the revised waiver of merger law does not apply to the owner's facts. Nevertheless, the standards of an area variance are applicable. Are there Covenants and Restrictions concerning this land: E No. ❑Yes(please furnish copy). This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Cheek this box ( ) IFA USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE ATTACHED USE VARL4NCE SHEET.• (Please be sM ttorney.) ant or Authorized Agen'~- C�T� (Agent must submit written Authorization from Owner) Sworn to before me this vv da of 06-T• ,20—LT—. No a y PubWe MARGARET C RUTKOWSKI NOTARY pU81.IC,STATE OF NEW YORK Registration No.OJRU4982528 oualified in Suffolk County �a3 my Commission Expires June 3,_�� :CENED� To Southold Town Zoning Board of Appeals � From Patricia C. Moore 5 2020 Re: Appeal #7363 Donna M. Wexler, [zonin:gBoard of Appeals Donna M. Wexler Revocable Trust and Rodney T. Quarty HEARING 8-06-20 FACTS IN SUPPORT OF VARIANCE The subject lots were approved by the Southold Town Planning Board as Lot 1 and Lot 2 in the "Map of Calves Neck at Southold" in 1972. The subdivision was also approved by the Suffolk County Health Department. The Suffolk County Health Department continues to recognize the separate lots for development. Each parcel (Lot 1 and Lot 2) have Health Department approved individual sanitary systems, and each lot is connected to public water. The surrounding community is also connected to public water. As a condition of the subdivision approval.in 1972, the Planning Board required the developer to improve the roads and provide additional drainage. The subdivision road (an extension of Wells road) and additional drainage, was accepted by the Town of Southold Highway Superintendent 'and became a Town road. In addition, during the subdivision review and approval, the canal was dredged, and the developer installed bulkheads along the waterfront lots. These improvements exceed the typical minimum improvements required by the Town in 1972. The two parcels are presently improved with a bulkhead and separate structures with approved sanitary systems. An area variance to re-establish previously subdivided lots will not change either the physical appearance of the properties or adversely impact the well-established character of the neighborhood. The neighborhood is primarily north of Wells Road and contains similarly sized 1/2 acre parcels. To the south of Wells Road are the "Map of Corey Creek Estates", and "Fairview Park" and "Plan of Lots of George Wells" (1000-10-3-Tax Lots #1-15.1) subdivisions. All lots within these two subdivisions are, '/2 acre or less in size. The Calves Neck subdivision has been fully developed, and the size of - LBoard A20 ZoningAppeals the subject parcels are uniformly sized and comparable to the improved lots in the Calves Neck subdivision and surrounding lots. 1 The few larger lots on the end of Calves Neck (lots 45.5 and 45.) are a little larger because three "described lots were split between the two adjacent owners: These lots have been built with larger homes. This subdivision was developed with 1/2 acre lots. One-acre zoning had been"adopted by December-2, 1972, but this subdivision was recognized by the Town and the map was filed on February 15, 1972. The proposed area variance will re-establish a lot which is conforming to the character of the neighborhood and recognized by the Town and County since the lots were created in 1972. Point 1 : The proposed area variance for an existing lot in a subdivision is "Consistent" with the Local Waterfront Revitalizdtion Program (LWRP) The LWRP Coordinator's Memorandum dated January 27, 2020 asserts the subject application is inconsistent with LWRP Policy1 ",Foster a pattern of Development in the Town of Southold that enhances community character, etc." According to the Assessor's office most of the lots surrounding this community are "described parcels", meaning the lots were created by deed prior to 1983 rather than through subdivision approval. This neighborhood was uniformly developed and well established prior to the Calves Neck subdivision. The subject two lots were approved by the Planning Board after the surrounding land was fully developed, and Lot I and Lot 2 of the Claves Neck subdivision herein meet Policy 1 of the LWRP. The two lots were created within the pattern of development in the Town of Southold and conform to the community character which has been firmly established since the 1950's. These are not two new lots; they are two existing lots in an approved subdivision which merged due to common ownership. Development of these lots do not require setback or lot coverage variances. They can be developed with conforming structures. Furthermore, the lots have both been developed with Health Department approved sanitary systems and are connected to public water. The structure on lot 2 (Tax Lot 23) meets all the current building codes and drainage codes. Any (Appeal Exhibit A - Table 1 provided by Ms. Wexler shows the size of the ,neighboring parcels which includes the address and lot size of all the parcels on Calves Neck.) RECEIVtU �!3V3 AUG 0 5 2020 Zoning Board Of Appeals improvements on lot,2 will conform to current rules and regulations which minimize adverse effects of development. The LWRP raises Policy 4 "Minimize the loss of life, structures and natural resources from ,flooding and erosion". The existing house was constructed in 1972. The house is protected from flooding or erosion by the bulkhead. The owners have not experienced any flooding during their ownership (2005). The area variance to re-establish the existing lots-will not impact Policy 4. Both lots are developed'. The LWRP raises Policy 6 "Protect and restore the quality and function of the Town of Southold". These are two existing lots on a Planning Board approved subdivision. The Town of Southold has continued to tax each lot for the future development of a single-family home on each lot. The possible home on Lot 2 will not materially increase the density to the community. Each property is developed, has a functioning sanitary system, and both sanitary systems are located in the front yards, more than 100' to the canal, and the sanitary systems have been reviewed,and approved by 'Suffolk County Health Department. Both lots are connected to public Iwater. The area variance will allow the Zoning Board to condition the further development, of lot 2, presently an accessory building, to a -single-family dwelling with an Alternative Sanitary System. If the Board denies the variance, there will be no jurisdiction with respect to the existing sanitary systems on the property. Point 2: The Zoning Board requested comments from the Planning Board which were dated:January 28, 2020. The Board raised the potential for cumulative impacts to.traffic and water quality and quantity. The addition of one single-family residence on one lot in a previously approved Planning Board subdivision does not impact traffic. The subdivision was reviewed and approved by the Planning Board in 1972, traffic would have been a consideration during the Planning Board review [including the traffic generated from this very lot]. In fact, the Planning Board required additional infrastructure improvements which benefitted the surrounding neighborhood. These lots were required to increase the road and drainage design for the benefit of existing drainage issues which were the responsibility of the Town.' The proposed area variance for the re-establishment of lot 2 does not impact traffic, water quality or quantity. z Planning Board minutes of subdivision review from August-October 1970 EZoninq. ��rv��° ,R 0 5 xM ard O' AQPPoint 2: No Precedent is being established. The CalarW ea is developed with single family homes on separate lots. The subject parcels are the only known "merged" parcels in the neighborhood. There are other neighboring parcels which have been the subject of area variances or waiver of mergers (or exemptions from merger): 1000-70-4= 2 and 3: #1205 10/3/68 reduced frontage for subdivision. The Board found as far back as 1968 that "other lots in the immediate area range in frontage from 80 to 100 feet. Therefor this subdivision would not change the character of the area. This variance was granted under the higher standard of "practical difficulties or unnecessary hardship" The standard for an area variance are now lessened by Town Law section 267-b. 1000-10-4-37,37.1 and 37.2: Appeal #1739 and in 1980 the ZBA referred to 106-53 included these lots within the grandfathered subdivision Young's Avenue. The parcels merged due to the death of co-owner (husband) In Conclusion, in addition to the previously submitted reasons to grant the area variance, I have addressed the additional comments from the LWRP and the Planning Board. The character of the neighborhood is well established and surrounding subdivisions comprise of the "community". There will be a benefit to the community with the grant of the area variance because the Board can require a sanitary upgrade to the structure on lot 1 . When it is converted from an accessory structure to a single family dwelling the sanitary system can be altered to meet the higher standards for nitrogen mitigation. We respectfully request that the variance be granted. RECEIVED AUG 0 3 2020 Zoning Board Of Appeals 2145 Wells Ave. Southold, NY 11971 July 29, 2020 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON 53095 Main Road PO Box 1179 Southold, NY 11971-0959 Ref: Donna M. Wexler, Donna N. Wexler Revocable Trust and Rodney T. Quarty # 7363 want to make the following comment: After the disapproval on September 30, 2019, an "office-studio" — which looks like a residence- was built on the lot in question. Other than this building, nothing has changed. The property is landscaped as one unit. The driveway serves both the office-studio and the residence. I believe the reasons for disapproval in September 2019 are still valid and the merged lots should not be subdivided. Charles Mebus RECEYVED APPLICANT'S PROJECT DESCRIPTION OCT U 8 2019 1 APPLICANT: l fl M, < Eli' , i'' j., t DATE PREPARED ;„1 5 ^meals 1.For Demolition of Existing Building Areas Please describe areas being removed: 11jor,,c'_ II.New Construction Areas (New Dwelling or New Additions/Extensions): / ' fyra C0.Yi6"UiP Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: III.Proposed Construction Description (Alterations or Structural Changes) �J/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: Percentage of coverage of your lot by building area: V.Purpose of New Construction: 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): I_ &ib Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE RECEIVED FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? OCT 0 8 2019 Yes _g -No Zoning Board Of Appeals B. Are there any proposals to change or alter land contours? 'x No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? _,e,: _( q� 2.)Are those areas shown on the survey submitted with this application? te-F,, 3.) Is the property bulk headed between the wetlands area and the upland building area? VAS , 4.) If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? /�# Please confirm status of your inquiry or application with the Trustees: 10 , 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? uyr,, E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? �Jo Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any constriction taking place at this time concerning your premises? )(e�, If yes,please submit a copy of your building permit and survey as approved by the Building Department and lease G�,Q describe: n' _Cyt-Lu G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel?� If yes,please label the proximity of your lands on your survey. (00-CX-e9vtC t, I. Please list present use or operations conducted at this parcel en') L.C_4- ° on and the proposed use C[Wt U 'c: &YI Lc j (ex: existing sin le family,proposed: same with garage, pool or other) Ah 17 AutQrizedsignature and Date FORT i NO. 4 RECEIVED TOWN OF SOUTH 01,D BUILDING DEPARTMENT OCT 0 8 2919 Town Clerk's Office Southold, N. Y. Zoning Board Of Appeals Certificate Of Occupancy No. z5490 . . . . . . Date . . . . . . . . . . 8ept. . .26. . . . . , 19. 73 THIS CERTIFIES that the building located at . west• Rill• •Roed• • • • • • • • • • Street Map No..W:Tss. 11910F Block No. . . . . . . . . . .Lot No. R . . . A90014. . N.Y.. conforms substantially to the Application for Building Permit heretofore filed in this office dated . ?larch . .4. . . ., 19.72 pursuant to which Building Permit No. .57327, . dated . . . . . . . . . . . .1 . . . 8 . ., 1972. , was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is Private .oua .Tachy.dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to .ingar. . EleiAa . .Benson. . . . . .Uters. . . . . . . . . . . . . . . . ,(owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval Aug . .27. . .1973 . .by. R.. Ville. . . LINDERWRITLRS CERTIFICATE No.191.14410 . . .Sept . 13, . .1973 . . . . . . . . . . . . . . . . . . . . IIOUSI- NLINIBFR . . 175 . . . .Stmt. Hill.Road. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C, �. � Building Inspector i FORM NO. 4 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT OCT 0 8 2019 Office of the Building Inspector Town Hall Southold, N.Y. Zoning Board Of Appeals CERTIFICATE OF OCCUPANCY No: Z-31721 Date: 08/03/06 THIS CERTIFIES that the building ALTERATIONS Location of Property: 1175 WEST HILL RD SOUTHOLD (HOUSE NO.) (STREET) ' (HAMLET) County Tax Map No. 473889 Section 70 Block 4 Lo 23 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 18, 2006 pursuant to which Building Permit No. 31765-Z dated FEBRUARY 1, 2006 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 TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to DONNA WEXLER (OWNER) of the aforesaid building. SwFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 2089258 06/26/06 PLUMBERS CERTIFICATION DATED 07/27/06 PECONIC PLUMBING & HEAT. i Authorized Signature Rev. 1/81 FORM NO. 4 c :Board TOWN OF SOUTHOLD BUILDING DEPARTMENT O19 Office of the Building Inspector Town Hall Southold, N.Y. ZoningAppeals CERTIFICATE OF OCCUPANCY No: Z-32652 Date: 10/04/07 THIS CERTIFIES that the building ADDITION & ALTERATION Location of Property: 1175 WEST HILL RD SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 70 Block 4 Lot 23 Subdivision Filed Map No. Lot No_ conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 17, 2006 pursuant to which Building Permit No. 32220-Z dated JULY 19, 2006 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 ALTERATION & DECK ADDITION TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to DONNA WEXLER (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 113828C 07/24/07 PLUMBERS CERTIFICATION DATED N/A Aut oriz d Signature Rev. 1/81 ' • . � RECE3VED o�so� i roda ftq, APPEALS BOARD MEMBERS ��► Ty0 outhoRoal Ruth D. Oliva.Chairwoman 53095 ain -P.O. 96x L t 79 Gerard P. Goehringer Sothold,NY 11971-0959 Vincent Orlando v, 1(7ftflK4A@a-,adr0f Appeals James Dinizio.Jr. Town Annex/First Floor.North Fork Bank Michael A.SimoncOU 54375 Main Road(at Youngs Avenue) ON Southold.NY 11971 http://,,outholdtown.northfork,net BOARD OF APPEALS RECEIVED .rd TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION �•C (C MEETING OF AUGUST 18,2005 Southold Town Clerk ZBA Ref. No. 5722—DONNA WEXLER(Former Owner,DAVID T. DEVLIN) Street& Locality: 1175 and 1275 West Hill Road, Southold County Tax Map ID: 704-22 and 23 (combined/merger) Zone District: R-40 Low-Density Residential FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total land area as combined (together) of approximately 49,900 square feet, identified as 22 and 23 on the Suffolk County Tax Maps, District 1000,Section 70, Block 04. The land is improved with a single-family dwelling situated 120+-feet from the northerly front lot line at West Hill Road and 32+-feet from the easterly side property line,as shown on the February 15, 1972 survey prepared by Roderick VanTuyl & Son. The property is located in the R-40 Low- Density Residential Zone District which requires a minimum lot size of 40,000 square feet. BASIS OF APPLICATION: Article II, Section 100-26, based on the Building Department's April 26, 2005 Notice of Disapproval stating that County Tax Map Parcel Numbers 22 and 23 are merged pursuant to Section 100-25,which provision states: "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." RELIEF REQUESTED: Applicant requests a Waiver to unmerge properties which have been merged. The easterly portion, referred to herein as'CTM 22' is proposed to be separated from the westerly portion referred to as 'CTM 23.' Each do not meet the code-required 40,000 square feet in this R-40 Low-Density Residential Zone District and would be nonconforming with an area of 29,900+- square feet for CTM 23 and the remaining 20,000+- sq. ft. for CTM 22. Not only would they be nonconforming in size, but new nonconformities would also be created for the applicant's existing dwelling location (single side yard less than 10 feet and setbacks from the existing rear lot line and bulkhead (ref. 100-239.4B and 100-244). ZONING CODE, SECTION 100-26: Under § 100-26-A, if a lot has merged, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and upon finding that: (1) The waiver will not result in a significant increase in the density of the neighborhood. (2) The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. Page 2—August 18,2005 Appl. No. 5722—David Devlin, Donna Wexler RECEIVED CTM 70-4-23, 22 OCT 09 2019 Zoning Board Of Appeals (3) The waiver will avoid economic hardship. (4) The natural details and character of the and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 7, 2005, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property,and other evidence,the Zoning Board finds the following facts to be true and relevant: REASONS FOR BOARD ACTION DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. A waiver would result in the creation of a nonconforming lot that is oddly shaped and out of character of the neighborhood. The southerly (rear) dimension is only 40+- feet wide, narrowing down to 25+- feet along the bulkhead and dredged canal. Other lots in the neighborhood consist mainly of 100 ft. rear lot width dimension, and no lots have this type of configuration. 2. A single and separate search was issued April 20, 2005 by Peconic Abstract, Inc.The search shows that the premises (CTM 22 and 23)as merged were owned in the same names, or common ownership and without single and separate ownership since the 912511996 transfer of CTM 23 and 8/1/2000 transfer of CTM 22 to David T. Devlin and Lora S. Collins. 3. The property has been in common ownership with a merged area 50,786 sq. ft. since 8/1/2000 and continuously to the present date. Information was not submitted to show planned intentions to avoid the merger, or to make application to any agency for a dwelling. The merger was intentionally placed when the transfers were formed by common ownership. 4. Information was submitted in behalf of the new owner during the July 7, 2005 hearing that a second home is proposed for her mother at a time when family is needed to be close and for daily medical care. (As of the date of this decision, a Special Exception application for an Accessory Apartment in the applicant's existing home was not requested.) 5. Proof was not submitted to show that a waiver will avoid an economic hardship, The town's assessment records show that the current owner in 2005 acquired the land by deeds, noting a sale price of 1.275M ($945,000 and$330,000). 6. The record does not demonstrate proof that there were good faith intentions, since 2000, to separate or maintain the properties in single and separate ownership, as separate lots, or any good faith intention to build a separate dwelling on the vacant lot for over 40 years, until a contract of sale was entered into between David Devlin and Donna Wexler to sell CTM 23 for$330,000. 7. There also was no proof demonstrated to show the value of the property as exists with the merger to support applicant's claim of economic hardship,except for the 2005 real estate transactions. Page 3—August 18, 2005 Appl. No. 5722—David Devlin, Donna Wexler RECEIVED CTM 70-4-23, 22 OCT 0 8 Zoning Board Of Appeals 8. There is no proof demonstrated in the record to show that the westerly portion of the applicant's property was maintained separately for purposes of building a new single-family dwelling. 9. Neighbors testified as to their understanding, that the property was used by the owner of the existing dwelling, and not planned or proposed in the future for a new dwelling or as a separate building lot. 10. The parcels were intentionally merged. Applicant is not obliged to sell to someone with a desire to unmerge the properties. 11. To create additional lots that do not conform to the zoning requirements and that have been merged with adjacent properties for a continuous period of time will result in increased number of dwellings, increased traffic,increased water and sanitary demands, and other related environmental effects. RESOLUTION/ACTION: On motion by Member Simon,seconded by Chairwoman Oliva, it was RESOLVED, to DENY the requested Lot Waiver to unmerge CTM 70-4-23 from CTM 70-4-22. VOTE OF THE BOARD: AYES: Members Oliva (Chairwoman), Orlando and Simon. Nays: Members Goehringer and Dinizio. This Resolution was rdopted (3-2) RUTH D. OLIVA,CHAIRWOMAN 9-14-2005 Approved for Filing 1X0 AGRICULTURAL DATA STATEMENT RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD OCT 0 8 2019 WHEN TO USE THIS FORM: This form must be completed by the applicantoTCpygspg9i,a,�W(Appeals permit, site plan approval,use variance, area variance or subdivision approval on prope y wifhi an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: 2. Address of Applicant: I -7 S- Jve r ? 3. Name of Land Owner(if other than Applicant): z-, 4. Address of Land Owner: 5. Description of Proposed Project: A G t�'P C S"L'�✓1 6. Location of Property: (road and Tax map number) 2 I l S n ° S 7. Is the parcel within 500 feet of a farm operatin? { } Yes { No 8. Is this parcel actively farmed? { } Yes �No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back o. his page if there are additional property owners) ? Signa re of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 RECENED k� Appendix B Short Environmental Assessment Form OCT 0 8 2719 I_nstructions for Comnletin Zoning Board Of Appeals Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project Dand S/pon�sor Information —per _ Name of Action or Project: l Project Location(describe,and attach a location map): C-2 7J A- f 175 /{ 'I ► Q� S�I Brief Description of Proposed Action: �ea (fMrtcarvt,� -� Com. ;tx� \ c� '' t�Y1 Name of Applicant or Sponsor: Telephone: IIv Db nV1G1 ki , Wex 6r _FCQ Q 4,n_,c�,�,ll, Q E-Mail: Address: M , W16X(_rf1r / -1-1 12:1 ��c1 a M AJ C. L. City/PO: State: Zip Code: Poe C_ Yt,r by 1 l c�S—Ln? 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or'regulation? s If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? 1 acres b.Total acreage to be physically disturbed? ® acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. � 11 Urban 11 Rural(non-agriculture) ID Industrial 11 Commercial e'Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 RECEIVED a 5. Is the proposed action, OCT S NJA a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? �5fi SJ�j�}t V�S f t3 ✓ 6. Is the proposed action consistent with the predominant character of the existing built or na4fit, l YY- S landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8 a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: V 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: V 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 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 squ re feet or acres: or 14. Ider)tify 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 G3"Wetland ❑Urban 0"Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? i/ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: U<O❑YES �artti. -23 G ✓, . Page 2 of 4 RECEIVED 18.Does the proposed action include construction or other activities that result in the impoundment of NO ES water or other liquids(e.g.retention pond,waste lagoon,dam)? p OCT 0 8 2019 If Yes,explain purpose and size: // R 7„ ing Board Qf Appeal! 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsgy-narn . �G��VrC f-A (J01V Date: 1p�f�/aj Signature: - �L— Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing- a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 ttt:t,c ,or Moderate small to°n large OCT U grT" impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,floodi jo? 4 i.nSjgar Of App als problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-tern,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Cl Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 i No APPLICANT RECEIVED TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) OCT 08 21019 The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town office,s and employees The purpose of this form is to provide information which can alert the Town of possible conflicts oflinteres and,allow it to take whatever action is necessary to avoid same. �1pReals YOUR NAME: QUARTY,RODNEY T.WEXLER,DONNA M. AND MOORS PATRICIA C (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company. If so,indicate the other person or company name.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance X Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees Do you personally,(or through your company, spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of(or employment by) a corporation in which the Town officer or employee owns more than 5%of the shares. YES NO_X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day of Signature: _j��:, ��_ LK A M C/R atricia C.Moore �dTown of Southold RECEIVEDI LWRP CONSISTENCY ASSESSMENT FORM OCT O 8 2019 A. INSTRUCTIONS Zoning Board Of Appeals 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# �� - _ a St��io� �� a''i S l V/ The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. E Building Dept. 0 Board of Trustees M 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction, planning activity, agency regulation, land transaction) 0 (b) Financial assistance(e.g.grant, loan,subsidy) (c) Permit, approval, license,certification: 0 Nature and extent of action: 11 Lob± 1 Lor Z ©l AIa p o� Ca(yes e-cka0 L i e0kki t ps Gc3 mg Cie � � Sc RECEIVED Location of action: Z_7 j 1 .7 5 }�t 1 C C� , C��l0�dT 0 8 2019 Site acreage: d'5' agk'_ "Clt s C" - Of Appeals Present land use: r; vt -� -C'1UVV*cA +t, Se Present zoning classification: 0- 4o i-iOIJ 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: D6 Ana Sq D6nna mjAkXkr&oc"­fu am 7 (b) Mailing address: ) 7-7 cAt6h ti ck Ln Kg - a ld )l C6 6'�3 (c) Telephone number: Area Code( ) C'�o PAT 6?�r - 76,S_- 43-3a (d) Application number, if any: Will the action be directly undertaken, require funding,or approval by a state or federal agency? Yes ❑ No® If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. 0 Yes ❑ No ❑ (Not Applicable- please explain) t h-E cs t�-► CkAie r, n S c `vs s t crit c4,� Ccs vis cl c-� h5- ! IS Ic Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria Yes ❑ No ® (Not Applicable—please explain) LC. L Attach additional sheets if necessary OCT 0 8 2019 Policy 3. Enhance visual quality and protect scenic resources throughout tjLzoning Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Board Of Appeals Yes D No ® (Not Applicable—please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ® Yes 0 No D (Not Applicable—please explain) ,rn oo G `(n a, n e 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 Not Applicable—please explain) Yes 0 No ® ( 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 E No® (Not Applicable—please explain) l t \ V RECEIVED i OCT 0 s I Zcnmc Board Of Appeals L Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. ❑ Yes ❑ No® (Not Applicable—please explain) 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—please explain) 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. n ❑ Yep--1 No[X (Not Applicable—please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 14. Protect Southold's water-dependent uses and promote siting of new water-dependent uses 'n suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ' ❑ Yes ❑ No Vr'�jk' (Not Applicable—please explain) RECEIVED roe 2019 M 7nnip D ,-peals Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No X Not Applicable—please explain 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—please explain 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 E:1 No VN Not Applicable—please explain RECEIVEDT N1) Board of Zoning Appeals Application OCT 0 8 2019 V AUTHORIZATION (Where the applicant is not the owner) Zoning Board Of Appeals DONNA M. WEXLER, as Trustee of the Donna M. Wexler Revocable Trust and Rodney T. Quarty as owners of 1275 Hill Road, Southold NY (sctm: 1000-70-4-22)hereby authorize my attorney, Patricia C. Moore, to act as my agent to apply variance(s) on my behalf from the Southold Zoning Board of Appeals DONNA ."WEXLER r� F/ RODdE Y DRECEIVE Board of Zoning Appeals Application OCT 0 8 2919 AUTHORIZATION (Where the applicant is not the owner) Zoning 'Board Of Appeals DONNA M. WEXLER, as Trustee of the Donna M. Wexler Revocable Trust as owners of 1175 Hill Road, Southold NY (sctm: 1000-70-4-23) hereby authorize my attorney, Patricia C. Moore, to act as my agent to apply variance(s) on my behalf from the Southold Zoning Board of Appeals DONNA M. WEX ER .end •AEhry as3 ;� 11 ql pig— Ago p A .r. vl s K ,^f„ '1� S } V� � .peL �?,v r d�ik.A", �j• '� '4 r ,>�.?w��,i„ pd vJ•�•j�..�•'• 14• r _ .� 1`�`�1 njlyr :��IG •• " �`x-zy L{r � '� �j'11�� Vie' "�' � t r 1 r7 �� r w.u4 >14 T � �✓ „�,.'>+e, ,ham• C' r ttl�tl ;e Ur-. Fix . I t e •� Sfy t k 7b'y _ ��r' � � '�`,rYa �•.-Ti r �,�r 't 4. >�m- `t" -.•7 x .4 t ���� �- ..;� '.�'X .'fit. �'�`b^ tF4�. e r y a �•d�zy S,e�l t4. r . .��. � _ ,ern ��yf� C.:. .•�,�•y= -IVB - II TOWN OF SOUTHOLD APPENDIX E: BUILDING DEPARTMENT TOWN CLERK'S OFFICE REED CEI VED off• SOUTHOLD, NY OCT R: BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMI[-:ingoard WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 41436 Date: 3/17/2017 Permission is hereby granted to: Wexler Donna M Revoc Trust 1175 Indian Neck Ln Peconic, NY 11958 To: Lots must be combined before c/o 70-4-22 and 70-4-23. Construction of an accessory garage as applied for per SCHD and DEC NJ Letter. At premises located at: 1275 W Hill Rd., Southold SCTM #473889 Sec/Block/Lot# 70.4-22 Pursuant to application dated 3/17/2017 and approved by the Building Inspector. To expire on 9/16/2018. Fees: PERMIT RENEWAL $436.40 Total: $436.40 it spector TOWN OF SOUTHOLD oma°Svff�� �aGy BUILDING DEPARTMENT TOWN CLERK'S OFFICE RECEIVED SOUTHOLD, NY BUILDING PERMIT OCT 0 8 '1-019 (THIS PERMIT MUST BE KEPT ON THE PREMIS�—Sning Board Of Appeals WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 43729 Date: 5/812019 Permission is hereby granted to: Wexler DM Rev Trt 1775 Indian Neck Ln Peconic, NY 11958 To: Lots must be combined before c/o 70-4-22 and 70-4-23. Construction of an accessory garage as applied for per SCHD and DEC NJ Letter. Replaces BP#41436 At premises located at: 1275 W Hill Rd., Southold SCTM #473889 Sec/Block/Lot#70.4-22 Pursuant to application dated 5/8/2019 and approved by the Building Inspector. To expire on 111612020. Fees: "PERMIT RENEWAL $436.40 Total: $436.40 .t Building Inspector TOWN OF SOUTHOLD � PJ ��° °G✓ BUILDING DEPARTMENT REOEIVEo TOWN CLERK'S OFFICE mad ��0�4 UTHOLD, NY OCT 0 8 2019 BUILDING PERMIT Zoning Board Of Appeals (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS 'l4',re fw; UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 39679 Date: 4/15/2015 Permission is hereby granted to: Wexler Donna M Revoc Trust & Iglesias, Gertrude 1175 Indian Neck Ln Peconic, NY 11958 To: Construction of an accessory garage as applied for per SCHD and DEC NJ Letter. At premises located at: i; 1275 W Hill Rd, Southold SCTM#473889 Sec/Block/Lot#70.-4-22 Pursuant to application dated 4/2/2015 and approved by the Building Inspector. To expire on 10/14/2016. Fees: +.t ACCESSORY $872.80 CO -ACCESSORY BUILDING $50.00 922.80 3 Building Inspector �l i TONN OF SOUTHOLD BUILDING PERMIT A?.LLC-AJLL0h CHE.CZ IS_T BUILDING DEPARTMENT Do you have or need bego a p yi TOWN HALL Board of!",thfollowing KClULI l eD SOUTHOLD,NY 11971 t i.'L'„ t- e,-,•� :a< 4semsofiluildingPlans TEL:(631)765-1502Planning oard approval SAJPi(631+k7:55o950z .•? Q' w+is r•.•,s �3 , t;•:r., Survey 2019 SoutholdTown.NorthFork.net PERMIT NO. wk I Septic For Trustees N co.a pticaib ' y Of Appeals P1691Prt Examined 20_ Single&Separate Storm-Water Assessment Form C.tact: M \L12 H`'447' Approved ,20 4 t7 Z ro 1 Mail m: Disapproved atc1�7`t•11aS't Phone:�$� n s:. Expiration .20 r-n _ Building Inspector .i IJ• I __ I I I Ji PLICATION FORLB�HINGPERMIT s' i; APR -2 2015 _ r S' r ^? Date q�. ,20 Ir INSTRUCTIQN�• c ' a.This appiicahon pletely 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 buildingsiopsemtses,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 prerpises available for inspection throughout the work, e No building shall be occupte&or pseQ)nkvhole or in part for any purpose what so ever until the Building Inspector issues a CertiP>rate pf.Oceupancy. . f.`HSe4 builaing permit shall e>pre ift i'arl�authoriz id has 12 months after the date of isst. ch has not d'exYi completed withinrtW q m such date.If n8t;eo zoning' irrl6167ofbtfier regulations affecting the r'pr6i56ty have beertk thacted in the interim,We Bsagftieector may authorize,4n•tVn t eAe=tettsidn of the permit for an addition six months Thereafter,a new permit shall be required. APPLICATION IS HER 344 MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance ofthe 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 code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections, f � •�I(iii+ Z-1 (Signature of appli:cr�,t or name,if a corporation) r s tet ��c+I (�0 1ZS6,M�}3+httJ (a 11-7-019 -Z.2S'o (Mailing address of applicant) State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder MsC.%%--el0 w.C1-.b 5@SV,%r.3 Cnr..> Name of owner of premises `ol=1 n` W 2 X ' (As on the tax roll or latest deed) I f 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] on which propo§ed work ill be dque: a� 17 WQs}-\�s�� Hous1,Number Street ? Hamlet County Tax Map No.1000 Section nnot��m ,rliRfTd n.•• Lot 2-L- '• 7�.l8 N hm,ta.� Subdivis', Filed Map No. = Lot 1 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction. / fy a. Existing use and occupancy 5 b, Intended use and occupancy. Ltd -5 C-0--t IL d LL.Vb\A � V 3. Nature of work(check which applicable):New Building-L—Addition II Alteration IED Repair Removal Demolition Other Work I (Descript�i(}'T ® g s, 4. Estimated Cost' ^j� ( Oo O Fee �.� J . (To be paid on filing-this application) 5. If dwelling,number of dwelling traits Number of dwelling units on each floor_? If garagfjkiwbpSPf,Sans IL- 'r ening Board Of Appeals 6: If business,VoAdgicidorr tinted occupancy,specify nature and cxtent of each type of use. rZ;'it'i.i 'TOWN OF S®UTHO.. �R® INNER STREET °Z 7.5 VILLAGE DIST. ' SUB. LOT �x e�I:�EP33Ia'��GLS_ ,� _, r �-H d` !Ql, '� �.J.G�.�.r....e_..r.. �..� c: S�,' •OM1 �tr4 JRMER.OWNER 'ova T V1 N E ACR. 69 0 It,no- gAOra irrg S W TYPE OF BUILDING V ARM COMM. CB. MICS. Mkt. Value LAND IMP., TOTAL DATE REMARKS 02 O U °'° v O v1 " did ,Z z ole- 2.2'.6 d l� 3 7,-7 c�C�acke cL a A&D ���o ✓ a a � 00 -L /2 (04,0 275--Co ((tns 4 0 Q'ym W-L 1233Yz3a- V ► .� 2 ,3os- v1jn a YlPe-gd a 04-350,660 s 3 -L,1 12,73 �eo - liable FRONTAGE ON WATER oodland FRONTAGE ON ROAD eadovylald DEPTH ruse Plat BULKHEAD �tal - •• • SCTM # ►ooh -� -� - tea- 'OWN OF SOUTHOLD PROPERTY RECORD CARD STREET VILLAGE DIST. SUB. LOT `1 , OWNER e�1s. .JOnnG VJ x\ to G + ACR. REMARKS61Y. • N a TYPE OF BLD. O PROP. CLASS U.1 LAND IMP, co TOTAL DATE bo 0 a nc� a a3 MCI I FRONTAGE ON WATER HOUSE/LOT BULKHEAD ', F I TOTAL a` /. 7 f ? (rl in sr r r 1J• .� it i r .a i;n+, W r e ��`ru,�:o�' , 3{ > � r r ,.� r ' j/t t r / •+;�'� =r{t�� r. 1417 tt:AY r�� , ��� S � 1/ /•{;if �SJ - ��yam �b��,t! � �4� P,�l t� ,, •,; -."�"�� ,�•�r:�t~FS I 1 ^`"7}fir-vyn� L �} � ,{/A�ic�i.v„r �•'' y` Y{'v t�€'p i?L ON mom IN 1■." 11■■■■ON1■■■■■■■■■■■■■ ■■■■■■ ����7�� '�'! �' '.;j� � `:..r 1■LSI■■■■O�1■■■■■■■■■■■■■■■■■■■■■ '' z - !`I 3 = �i7.9�Infgli���,Y+�.fsl�i�"� . r :i ■■■■�■■■■■■■■■■■■■■■■■■■■■■■■ r.. .a»tv its �,1 �L1Jt;� rel - i s ` '/ �' �" 1■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■ , 4 1■■M�■O■■■■■■■■■■■■■■■■■■■■■■■ ' - ■■■■■■■■■■■■■■■■■■■■■■■■OMEN■■ Foundation Interior Finish ■� IFire Place . . Rooms I st Floor • . Rooms 2nd Floor • • a TOWN OF SOUTHOLD PROPERTY RECORD CARD n OWNER STREET / VILLAGE DIST. ' SUB. LOTofS FORMER QWN,ER�G(Vi d T ✓I!-7 N E ACR. ✓6 ,11-Sl�0, '�') S- ���j� S W TYPE OF BUILDING !/iy vim-=GG'�tti r�'.� V��CyYYt-fes SEAS. VL. FARM COMM. CB. MICS. Mkt. Value y, LAND IMP. TOTAL DATE REMARKS / l O J D C� D f/ / 1 0L -7146 n I 7 , G / _3 5 5 L-I '�� 3- Yl n 1yJ fr' Cl✓�G�+ U 0 0 9 eo 0 G Z 3 Z 36 - �1►�► alio 7) b-pV 6l�7 AJ -_ Zv` �c� �p� / zap O.S-' IL3 - l ✓/� I v Ve �4r5-0GD `� l�1lf' � !moi ! � _ _ Cli�� ! // �'l O r✓+�vF+F ori s`I 2 D - SC 09/10 - /0,00n 47N ui4 o _ Tillable FRONTAGE ON WATER Noodland FRONTAGE ON ROAD Nieadowkxld DEPTH -louse Plot BULKHEAD Total iiY;'•��>al?�?^tp'�� its, y t.•q vim.,� x._ ! 2` � t. ' t� t�.4•�r•�f:�ti' ,.,,��'�"` c 14-`••`" w. k�/ �/� 3 2.. _gr'Ni�,.�I h ?t.! 4:. d t:. � i�rr�t s 1`i��t1�rt+, i mitnflF..� NOI i tar_ b IM .■■■■ERNMOMM■■MOMOMEM■EM■■■■■■ .�. } :'i(' . ra..•n .■■■ SMNMMM■■■■■M■1j■■■■■M■■■M■ MINE RMMMMMM■M■MMMI( M■M■M■E■■M� ■■N ■O■.5.MM■MMMMSEMIM ■■■■■■■ Foundation eo I Interior Finish Fire Place r :. • ' •. . �� ��� �� ptsType Roof Rooms I st Floor ® Recreation Room , 4� RECEIVED Table 1 APT A 0-'AID -�SOUTHOILD W46 Zoning Boar of Appeals LO_ T,# ADDRESS LOT SIZE-ACRES SQ.FT. -22 12751 HILL RD.WEST 0.69 2C):2. 5e- 23' 1175 I HILL RD.WEST i 0.46 20038 SF 24 10751 HILL RD.WEST 0.4 117424 SF 25 9751 HILL RD.WEST i0.4 117424 SF 26' 875;HILL RD.WEST 0.44 119166 SF 27 775 HILL RD.WEST 0.46 20038 SF 28 675 I HILL RD.WEST 0.5 21780 SF ABOVE ,01416INAL7 LOTS 29 575 HILL RD.WEST 0.6 26136 SF 30 475 HILL RD.WEST 0.5 21780 SF 3-1 335. HILL RD.WEST 0.66 28756 SF 32 135 HILL RD.WEST i 0.79134412 SF 33 105 i HILL RD.WEST 0.97 42253 SF ACROSS THE-STREET' 1290 I WELLS RD.&HILL 0.67 29185 SF RD.WEST 1940(-HILL RD.WEST I 0.57 24829 SF 34 600 HILL RD.WEST 0.62 27007 SF -35 500 HILL RD.WEST 0.62 27007 SF 36 4001 HILL RD.WEST I0.66 28756 S 672 3001 HILL RD.WEST 1 0.96 41818 SF 37.11 200 HILL RD.WEST I 0.5 21780 SF ID i= t i• `Z'.R+'M L� f.. • ,�( ' � •. N M1µ , �\ f �' ! d F ._ a...-.�, e ' � r• t4'`{J r Vii,_, -�1V �`,y � .�^� x,/ "i .. �Y ,k��. :♦�`-'-Baa• ,� r, � \b �„�- �� } 1?�� C y� _ ,s;��'"�*-..•max�'�. � -_a�ti •� �?��''' �f - �G�� ,' , Ir CV 44 ._ .:t%�`""?:dry 4 E�•- �,�'} �I.` � lr��� (i4 �.,. r�` r � � s a �, 4-r, - .. ., =:!'aIFY=.'i�;ix:r:. �w•` w- i'\� � Y < 1,Y � d'e•��1'S ` rAv '�':f,< •;';:;�+;r• �` mow. � �C�4. ;;ri';t;: ',f n{'N:".�•` R It r 'no _ �h'� }� fJ ai.4' �L� .rM:;�',�;l-,'t• .,i r n' � Q.r f t1[� f�t +v •• � � t 7 ,� I _ ,.;�,''-`;;r.,,'„r _ jy r •� ,,��� � itis ,�: - • � 4` � E'; � ,,M, _ ' •.j,•,' 'nom`+� r t, �” r',`�"ry t/l,. _ �, = 'X,.r.� _ .= nom • ,1` r,� C�'�1%1 � Jy gyp,� '. •; " 'µ. j ��,�� � . 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' RECEIVED From: Jesse Stein jesse.stein@coldwellbanker.com (d Subject: Hill Rd Lot Sizes-Southold Date: February 7,2019 at 8:31 PM 0 C T 0 8 2019 To: diwexler@yahoo.com Hi Donna, Zoning Board Of Appeals See the map below for the info you needed. Happy to hopefully have helped you! XO, Jesse • �,: LAY; ,•:.Th tv c1c, .. !Its FM-s `C ric ' J '-'�"::?Nj;'<i•'" 4". ;� t q1 f '%} ,yr_`� '••+�•� -- _- � '•'fib-• 1�' Jll' tf - - — ~� - - ?,`'1.._:.^.' Ff..•- - - n,!^� •t••a i�l4" ;.f.t"- - • i +i, 13� •(yl,� Sent from my iPhone ��YJ(VJ �id'4 le dRE ED ti CT 0 8 A1119 1 i;', ea Z&A n cy B tc-D- _rdAQf APPeak 0 A ,D F_ G 0 F2- rJfL 00 0 110.0 51 A, q nj to < %n 14 Is NO ZI ka .9A e, 19 c, 0- _o, ly. 96 0 FILED fil u/_1 01-1 _ii rE6 92 pe J 0 .. 0 � Jqj 7th IA. 40 r, 5 M., erw OI 'STr.4 AA.ALBEPYSOt4 -1/=> f v-,c., CA L VIES IV CC K OWNED ANd PE✓ELUpRD BY 1912 AKL.ER5GS 6/4 /q'r "50V N 0 U THO L D wmv arle CGIUNT-Y by �Mrl dim'f 5-ho&vrr m mLv V,xi IV-Fuyz-4,Sow Z.. ZOO 0. 504L/7-HOLL7 The d;zp.:w1 VAUTIP ;11/ IV—-.1 SUFFOLK CUUM 0EPARTMEAr IA-1 'I*11-�161-CI:- R1111hud N V. _;0_191-c? pp Firs Will)Certify 11,31 the proposed accang-mand,'or water suPPlY c t all&L , z Vild-1-age disposal rsmilvi-e-e V. 6ri-N irk to nor/, fit Were aPfcvcd on file above dale Whit 1r, I F4 InSlarial.oa cl water Sjppi/31j 33.1,,Jgo laa,IZS Ire+nmpU7ed,rdlwr mi ........ bear of the 3!io.je applaar data ljj,a,,tha QvIrill.14[it 11,11 W.1111til, Npmn,ant of Health App,oml or pp,Ill.. i,ito be i0l,,I 1. ,P'mf.W-01100 for rellaoil Shlll bi I.11j,l(.I Ih.S-41A Mu It e sj­/0 r2quirentents inn arj 41w ,a,[,IV I "I fjIIlj%111 11 I "J."'MIk"kv Consent I, holob, fill thI j L a.1 to 111.111110 11-1 udorsmant 3PF,4"in 11'.011-of Ili,,c'-.11('lei%In au miI mul VIIh &C"On I t 19 Of the P"Wx Ife.00i I t I v I N J A,4,1,111 nl It,, suffoll,conal�isan.l."y N-I, 7vu /-_o RECEIVED STOP WORK ORDER OCT 0 S 2719 TO: Donna M. Wexler Revoc. Trust & Gertrude E. Iglesias Zoning Board Of Appeals 1175 Indian Neck Lane Peconic, New York 11958 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 1275 W. Hill Road, Southold TAX MAP NUMBER: 1000-70-4-22 Pursuant to Section 144-12(a)(b) of the Town of Southold, New York, you are hereby notified to immediately suspend all construction until this order has been rescinded. BASIS OF STOP WORK ORDER: Building Permit issued in error due to misrepresentation of a material fact CONDITIONS UNDER WHICH WORK MAY BE RESUMED: When the Zoning Board of Appeals has granted a variance or the structure has been removed. FAILURE TO REMEDY THE CONDITIONS AFORESAID AND TO COMPLY WITH THE APPLICABLE PROVISIONS OF LAW MAY CONSTITUTE AN OFFENSE PUNISHABLE BY FINE, IMPRISONMENT OR BOTH. DATE:, January 12, 2016 Peter Doherty Code Enforcement IT SHALL BE UNLAWFUL TO REMOVE THIS NOTICE WITHOUT WRITTEN CONSENT OF THE ISSUING AGENCY. -7 .0F SO(/l�, Town Hall Annex Telephone(631)765-1802 54375 Main Road -Fax-(63-1j-7165-95 E)2-- P.O. Fax-(63-1jNr5=950- P.O.Box 1179 RECEIVED Southold,NY 11971-0959 Ory• �Q CpUMy,�1 OCT 0 8 2019 BUILDING DEPARTMENT Zoning Board Of Appeals T F SOUTHOLD REVOCATION OF BUILDING PERMIT TO: Donna M. Wexl & Gertr . Iglesias 1175 Indian Neck Lane Peconic, New York 11958 YOU ARE HEREBY NOTIFIED THAT YOUR BUILDING PERMIT IS REVOKED AT: 1275 W. Hill Road, Southold, New York S.C.T.M. 1000-70-4-22 Pursuant to Section 144-12(a)(b) of the Code of the Town of Southold, New York, you are notified to immediately suspend all work and building activities. BASIS OF REVOCATION ORDER: Building Permit issued in error due to misrepresentation of a material fact. Failure to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. DATED: January 12, 2016 Peter Doherty Code Enforcement (cert. mail) 5F _9 M Q RD. HI RD., 3s AW ab. 39.1 22 3623 24 25 MA(c) 38 .29 'b I b .7 21 1P, 40 t6 MA(c) %A 127 <"0 CALVESNECr 19 CO 33 18 42 45.5 1.2A 0. 13 762 tl 10 9 M c=) V 0 60 to 2B l;QA(c) 19.4 26.2 O C. 21.1 tuni 17 =18 19 20 21.2 IXA(q) I.GA(c) I am(c) 12ft RECEIVED OCT 0 8 2019 Zoning Board Of Appeals 7b 3 Ak 5 L PW 7-7-a �E-ti Ersea�Caoa ��,�,, t Of'c���vE,e Fig N�v�,✓ cv�irt fi �° �ubl(.c• �� sir Gaw4 ; ew York State Department of Environmental Conservation ivision of Environmental Permits, Region One Building 40-SUNY,Stony Brook, New York 11790-2356 Phone: (631)444-0365 - FAX: (631)444-0360 Website:www.dec.state.ny.us - Denise 1�6e'�li�FiD Acting commissioner LETTER OF NON JURISDICTION-ARTICLE 25 OCT 0 8 '1-019 November 21,2005 Zoning Board Of Appeals Ms. Donna I.Wexler 200 Castle Bill Road Cutchogue,NY 11935 Re: Application#1-4738-03511/00001 1275 West Hill Road, SCTM# 1000-70-4-22 Dear Ms.Wexler: Based on the information-you have submitted and a review by our technical staff the Department of Environmental Conservation has determined that: water than 100 feet in len and constructed prior to. The property landward of the bulkhead great 8120!77 as shown on the survey prepared by John C.Ehlers last revised.08/03/05 is beyond Article 25 (Tidal Wetlands Act)jurisdiction. Therefore,in accordance with thevunrent Tidal Wetlands Land Use Regulations(6NYCRR Part bbl)to permit is rewired. Be advissed,no c4ustraction,sedimentation,or disturbance of any kind may take place seaward of the tidal wettands jurisdictional-heundary,as iadit�eti�ve,wi`thoirt a p�nnit. It is your respansibility to diet-all precautions are-taken to prevent nay,stimentati jurisdiction other alteration_or disturbance to the givund surface or vegetation within Article 25 include maintaining adequate work which may result from your project Such precautions may area between the tidal wetland jurisdictional boundary and your project(i.e.a 15'to 20'wide construction area)or erecting a temporary fence,.barrier,or hale bay b , please note that this letter does not relieve you of the resp ib ili of obtaining any eressary permits or approvals from other agencies or local munici i Si erel , i ohn Wi and Permit Ad 'strator cc: BMBP file V� RECEIVED SOUTHOLD TOWN and DEPT. OF HEALTH INSPECTIOT S: OCT 08 2019 4/15/15 Building Permit # q i 0-2�(o Zoning Board Of Appeals 8/24/15 Foundation 4/8/16 Foundation Location 2/7/17 Survey - Strapping 1/17/17 Rough Electrical and Rough Electrical Cert. 3/17/17 Building Permit Extension (# H 14 ?>4) 9/26/17 Pressure Test, Final Electrical, Dept of Health Inspection 10/26/17 Final 8/15/18 Certificate Dept. of Health - (Amy) � � l q `J ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: October 15, 2019 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP 7363 Wexler, Donna 6180 $1000.0 R Ci iV ® 0 CT 1 6 2019 Southold Town Clerk TOTAL $1000.00 Sent via Inter-Office to Town Clerk by: DW Thank you. � i1:itJ..r;rer•.li_iS].r•reYW i_i<x.�-4LY:tk hK�^.,{V..viJ.t:�{r1,i-fAwi•"t.rv2�,I,Yt1./i-f�rGy,Y fila•4�1u'yIJ,L-gsJ�r.Ms: P�W�1�G/Jri:e:o,,r,3:�.;a.lctea;ti.ev:r•Jm+a,vsr.,;.:rr=:ver,.s-FJ.r�i:v>f.,:r_a.�:r.n„rs-«i].l':er3:v.x1rJ.•5-t::>,a.z:sr/.r %]•anel -.rte.,-S..t... .✓ s,aafsa -"«Su r•+.:•r .,r.a[azl.•rs_t ,aa..r•1.CiM�s..:..rSM•*swlrJ'ivA.:N �if.r e�'t' 1.:;=.._ •�.-s«-�:.�a-e-_tt -:r .'.ivv - ,e:;s,-..•f,.notn.r'J' ui,�6._t. a'nj:,✓.-a�r+�-`+'....'weir-,.;::,Y.-�t^rr, •a1 :r,-r4.T.r�•2 r..-n•Fr x.�rt'f�ro.Yrn✓r_�••.vrwzero•YR'f Y�4+A�y .trCrlarYw+;r:.,fr..e�.Y,n;M,i4p:.M�-rv3�^n,!,FY,-lr•�ra,.rc•:.n..rvP..G�%rrr_..19Y.:o:t frt^•"G'rY�t :YY3+•!.F:•] ::FYt.n+v;•;Y,n-.rr.x64•'+'•53•r.•�'.lXll•+s'r:^i::'ixJ3 rhdi ._'c:i'1,`Yr^Tlr [.'3 .KMMr�F/';y}Swv,'L:1t:L'+F#SntY'•rri}'+:lp1Y(.X.".xa*Q•:fvSY�,:Y::c:/JSIJSM.I::rtab'TJri+'rsYC•^ "f:+3M`::..:'cr.JYir+'T:.:•,:-:.rYlr✓f Y.f.::123+,4 _ aO,ycrrce.^arYv :'NJ•r •:rt'. r'h?n.r 'r'JiyrCi+•: rr!•r' •,I:IYnS:Y.. rlrYr: +aMYt r.. .:}.! :+Jr,• ril .;K.-� /,/'.:.:y.+••r f.Yrr✓,\,. rari.,rY41, af>', --'r!^. +tar UNtr'l�l'lr lY rAl� +`H,'/xttt+:.�-iyV,rirf3'�S:iC`3'fJ• •«InYJ++'s- +-hGt N✓Pr.aYtr r,M'r3Y++:"LP"f..i'•�lY kit rii..tl'Yfl�.:itwr3n'Y �e f.i�.aY .,-M+rr - .r tr.:sx.c .F->!'r'4[„7h#.b+r1"f>•�!• ryt�/Y r.Y•. ...A•:.rrt„ji.\ '!br>JLC+YV'y1��Y1^.tKt3k+r.bufNtaisiyl's•,r4VSz2'r yY3'rv. ai'fair•fb^r'rL•hrrr.e:..:•^;•,Of.a.•..n •'•"'.a-.�n•,.J.•.•-.,,Var✓i,.,vr'.tM•Yn:titY, �{. •/J '(/�y/� bT �~ /"}•3 7 !"=,r;,,y,jt t{•'� Kf:• -•.;•K•?gTUV/x>.;•a.;.wraer.e.,r:....,•a f'1,r• 4JSfi'r..z..i,-J:+Sr.,vr:?t^i�.ry J�*rirry r:.r�.../.tj�I�L ?r!.N.NFQrut �T-F-:.u.'-Yir,F..- .�hV/_ir.rrzlj4rYa» . 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A •f,,">'•...4Y:.i.. rr M'+y ..-'.'nb:•i•r nv- - ...(r:r l«b- ,-r}+x•.,':L•r:r :r'a•a,H.....+:':ra+.M^ .. �r/OOV O 0 '1H� ..rr.b. ._rY.r...:_ ,.r•i .•�_.,.,�,.:, r .«.:.�i--=: rr.:, ,Yt.. .. ��:: ...i .. �rzi�re: ' ;. 7 1�V. •.Cf%Y{. :� S: :"..' UU,LL"A"R'S ;':',.`; �oaoo�ie®:t _ � •.- r.r.'-.r, _ , _ e..t '•G� _a _ _ _ _-`xt-,KYrL-?• 'Bank of,Arie-6 Wpoiatiwi _ FOR <✓/'� �. �� /��ra5!/�/ 6(/; _,,. .�i �:. _ ' ELIZABETH A.NEVILLE, MMC Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: October 16, 2019 RE: Zoning Appeal No. 7363 Transmitted herewith is Zoning Appeals No. 7363 Donna Wexler: The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire Agricultural Data Statement Short Environmental Assessment Form _Short Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) ::YLWRP Consistency Assessment Form %/ Notice(s) of Disapproval ,/Board of Zoning Appeals Application Authorization _,Certificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos Correspondence- Copy of Deed(s) ,/Building Permit(s) Property Record Card(s) Survey/Site Plan Maps- Drawings zMisc. Building Dept. forms (Certificate of Compliance, Housing C de Inspection, ect.) Misc. Paperwork- a 44" o 'c, ' E x w b;+ I Z. Fuentes, Kim From: Terry, Mark Sent: Wednesday, January 22, 2020 3:38 PM To: Weisman, Leslie; Fuentes, Kim Cc: Duffy, Bill Subject: LWRP Coastal Consistency Review for ZBA File DONNA M. WEXLER, DONNA M. WEXLER REVOCABLE TRUST AND RODNEY T. QUARTY #7363 Leslie, The Notice of Disapproval for the above application is incorrect due to missing setback and lot dimension variance requests. I will hold my LWRP CCR until an,amended one is received. Please call me with any questions. Mark Terry,AICP,APA Assistant Town Planning Director LWRP Coordinator Town of Southold 54375 State Route 25 P.O. Box 1179 Southold, New York, 11971 (631)765-1938 Mark.Terry@town.southold.ny.us Fuentes, Kim From: Fuentes, Kim Sent: Wednesday, January 29, 2020 9:55 AM To: 'Betsy Perkins' Cc: Sakarellos, Elizabeth; Westermann, Donna Subject: � wexler;;appea,h# 7363 , Betsy, Your email is fine. I will confirm your meeting date in time in a letter. Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809, Ex. 5011 E-mail:kimf@southoldtownny.goov Mail to:PO. Box 1179,Southold, NY 11971 From: Betsy Perkins [mailto:betsy.moore765 a�gmail.com] Sent: Wednesday, January 29, 2020 9:45 AM To: Fuentes, Kim; Sakarellos, Elizabeth Subject: wexler, appeal # 7363 good morning. Our client, Donna Wexler is having knee re lacement surgery and we respectfully request an adjournment of our application to your May calendar. Kindly confirm and advise if you need a formal letter. Thank you. Betsy Perkins LA Moore Law Offices r William D. Moore, Esq. 631.765.4663 Patricia C. Moore, Esq. 631.765.4330 1 )wn of Southold P0Box 1179 Southold, NY 11971 , * * * RECEIPT * * * Date: 10/16/19 Receipt#: 260741 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7363 $1,00000 Total Paid: $1,00000 Notes: Payment Type Amount Paid By CK#6180 $1,000.00 Wexler, Donna M, Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Wexler, Donna M 1775 Indian Neck Lane Peconic, NY '11958 Clerk ID: JENNIFER Internal ID:7363 BOARD MEMBERS 'Southold Town Hall Leslie Kanes Weisman,Chairperson ®` of S® 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 Planamentoco Southold,NY 11971 9 http://southoldtowiiny.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, AUGUST 6, 2020 PUBLIC HEARING Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the AUGUST 6, 2020 Zoning Board of Appeals meeting will be held via video conferencing, and a transcript will be provided at a later date. The public will have access to view, listen and make comment during the meeting as it is happening via Zoom. Details about how to tune in and make comments during the meeting are on the Town's website agenda for this meeting which may be viewed at http://www.southoldtownnv.gov/agendacenter. Additionally, there will be a link to the Webinar Zoom meeting at http://www.southoldtownnv.qov/calendar.aspx. If you do not have access to a computer or smartphone, there is an option to listen in via telephone. 1:50 P.M. - DONNA M. WEXLER, DONNA M. WEXLER REVOCABLE TRUST AND RODNEY T. QUARTY#7363 - Request for Variances from Article IV, Section 280-18 and the Building Inspector's September 30, 2019 Notice of Disapproval based on an application for a subdivision of merged properties at, 1) both proposed lots less than the code required minimum lot area of 40,000 sq. ft.; located at 1275 West Hill Road and 1175 West Hill Road, Southold, NY. SCTM#1000-70-4-22 and 1000-70-4-23. 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 on The Town's Weblink/Laserfiche under Zoning Board of Appeals (ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/webli nk/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email:kimf@southoldtownny.gov Dated: July 16, 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 ZONING BOARD OF APPEALS W_Q\f'W, TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT WEXLER& QUARTY OF MAILINGS SCTM Parcel#1000-40-4-22 &23 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Julia Spanburgh, residing at Riverhead,New York,being duly sworn, depose and say that: On the 16th day of July, 2020,I personally mailed at the United States Post Office in Southold,New York,by CERTIFIED MAIL, RETURN RECEI PT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the assessors, with every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant property. A I � i tu 92 a ure) ILIA g SPANBURGZ—����� Sworn to before me this/(,, '-- day of July Public) BETSY A. PERKINS Notary Public,State of New York No.01 PE6130636 Qualified in Suffolk Count Commission Expires July 18, I i - A Signature ❑Agent MOORE LAW OFFICES ❑Addressee 51020 MAIN ROAD X S O U T H O L D NY 11971 B Received by(Printed Name) C Date of Delivery 1 Article Addressed to D Is delivery address differ fr °ttert Yes 1= If YES,enter delivery elow o SOUTHOLDx GARTENS PRP OWNRS ASC PO BOX 1238 ti SOUTHOLDA-l' NY 1 1971 n III IIIIIIIIIIIIIIII III IIIII IIIIIIIIII 111111 9290 9902 7906 6900 0002 87 2 Article Number(Transfer from service label) 3 Service Type N Certified Mad® ❑Certified Mad® 9214 7902 7906 6900 0002 83 Restricted Delivery PS Form 3811 Facsimile, July 2015 Domestic Return Receipt W4 2101191:1.-NOT015 w am r kms'- A Si ture e ❑Agent M O O R E LAW Q,F 1C E S � El Addressee 51020 MAT.Nz,J?g 11 '' X Y •J S O U T H O L D N 19 71' B Received by(Printed Name) C Date of Delivery �. 1 Article Addressed to D Is delivery address d,ffere m 1 11 Yes If YES,enter delive dress belo . ❑ No PATRICK & ,,bAROL MALONEY — PO BOX ,��C SOUTHOLD .NY' 11971 R1% ®a I& 9290 �® III III IIII IIIIIIIII III IIIII IIII IIIIIIIIIIII 9290 9902`7906 6900 0003 17 2 Article Number(Transfer from service label) 113 Service Type ®Certified Mad® ❑Certified Mad® 9214 7902 7906 6900 0003 13 Restricted Delivery PS; Form 3811 Facsimile,,July 2015 Domestic Return Receipt O O a -n Nm fn M-OK 71 0 0 N m � m� m m0 x a fn 0 a`w� m �0X �;U 0 � � � �� m� 1(I�1�_� o_ Z �� O -1 n. m D 3 m not n r �- s�"0 a r0 Qnot C7 �m > >zed �� �� c0—' `o0 o T ` O rn-I T. 1?1 m T) 1! O (� o �� n o Q >- v m o0 '� EA o M o Cl) o v rn Cr $ O rn ; N IT! o � �� m o l -------� mmmo T oAmm mgm n N 1-- 0 �o�m�0. f1 cod m mO�7 �R 0 :t1 0 3 .1- m o_N c Z m 0 WIT! 1 Cl) O 6;0-0 m �� a m���� �� not C7 am _n I -- LP .. R .� n o O oo O °�/J cm» o ° wC> W V o NWO pj Co pom m c m -I mmmo C"-V �- - - oa m m0 7�i7 a o �� m c;�ctw-m` m0 -n N m �� O m� -I D g;o am � oXx �\\\ .0X �.ZI 9MV �x 0 xm � �m D r am � amm O �S) XS� Nn to m O O °' ° O Om �"' m /� n o o D Nwo � o0 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING , &h-u , A C Y\fsa— SCTM No. l000--1'b-q-9-\2f- 23 (Name of Applicants) (Section, Block &Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, a- ( residing at S�� \� Do New York, being duly sworn, depose and say that: I am the Owner or ( ) Agent for owner of the subject property On the day of , 20 20, I personally placed the Town's Official Poster on subject property located at: indicating the date of hearing and nature of application noted thereon, securely upon subject property, located ten (10)feet or closer from the street or right-of-Way (driveway entrance)facing the street or facing each street or right-of-way entrance,* and that; I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject ;h4earingdwhich hear' ate was shown to be P\uS 62c)( wnerget Signature) arty Swo4Pu e this Day of , 202 (No * near the entrance or driveway entrance of property,99TWaSeR 4Nasible to passerby Notary Public, State of New York No. 01 PE6130636 "� Qualified in Suffolk Coupty Jv1 Commission Expires July 18, Patricia C. Moore Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 July 30, 2020 Town of Southold Zoning Board of Appeals PO BOX 1179 Southold,NY 11971 RE: Wexler& Quarty PROPERTY ADDRESS: 1275 & 1175 West Hill Road, Southold SCTM: 1000-40-4-22 &23 To Whom It May Concern, Enclosed please find the Affidavit of Posting and the return receipt cards we have received for the above referenced matter. VV e truly yours, 1 (: Patricia C. Moore PC jrs Enclos. BOARD MEMBERS ZF SO Southold Town Hall Leslie Kanes Weisman,Chairperson �o�� jy�l0 53095 Main Road •PO.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes N Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU NTY,� Southold,NY 11971 http://southoldtoNvnny.gov �] ZONING BOARD OF APPEALS �y TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631)765-9064 July 6, 2020 Dear Applicant; Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the Aullust 6, 2020 Zoning Board of Appeals Regular Meeting will be held via video conferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live. Below, please see instructions for the video conference hearing and material required to prepare for the ZBA public hearing which include: PLEASE READ CAREFULLY. 1. Yellow sign to post on your property seven (7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Posting should be done by July 29, 2020. 2. SC Tax Map with property numbers. 3. Legal Notice of video conference meeting. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office verifying that you have properly mailed and posted by July 30, 2020. 5. Instructions for Laserfiche/Weblink to view application. Please send by USPS Certified Mail, Return Receipt the following documents 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. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by July 20, 2020. a. Legal Notice informing interested parties of meeting being conducted via video conferencing. A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. Y Instructions for ZBA Public Hearing Page 2 13 � 3 b. Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff, they may telephone 631-765-1809 or email us at kimf@southoldtownny.gov southoldtownny.gov or elizabeth.sakarellos@town.southold.n�us c. Instructions for Laserfiche/Weblink to view all pending applications. Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting "as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also, the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors> Assessment Books/Tax Rolls> 2010-2019 > 2019 http:H24 38 28 228:2040/weblink/0/doc/1022250/Page1.aspx. We ask that you scan and email the USPS mailing receipts, green signature cards and affidavits to kimf@southoldtownny.gov, and promptly mail the originals to the Town of Southold, ZBA, P.O. Box 1179, Southold, NY 11971. Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing pursuant to New York State Law. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Sincerely, Kim E. Fuentes Board Assistant kimfnsoutholdtownny.gov rIU' TIr:. E vF HE�rRI1+I ('M�i The following application will be heard by the Southold Town Board of Appeals VIA ZOOM WEBINAR - REFER TO ZBA WEBSITE FOR AGENDA on http .m southoldtownny. viov NAME : WEXLER, DONNA & QUARTY, RODNEY #7363 SCTM # m. 1 000-70-4-22 & 2 ,113 ' VARIANCE : BULK SCHEDULE/LOT AREA VEQUESTm SUBDIVISION OF MERGED PROPERTIES SATE : THURS . , AUG . 6 , 2020 1 : 50 PM You may review the file(s) on the town 's website under Town Records/Weblink : ZBA/ Board Actions/ Pending . ZBA Office telephone (631 ) 765-1 809 �- RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK JAN 2 t6'�3 ---------------------------------------------------------x In the Matter of the Application of -oning Board of Appeais AFFIDAVIT WEXLER OF MAILINGS Appeal # 7363 SCTM Parcel #1000-70-4-22 & 23 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, JULIA SPANBURGH, residing at Riverhead, New York, being duly sworn, depose and say that: On the 17TH day of January, 2020, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. ( ignature) Sworn to before me this da of � AvJ 020 (N?! Public) BETSY A. PERKINS Notary Public,State of New York No.01 PE6130636 Qualified in Suffolk Coin Commission Expires July 18, COMPLETE THIS SECTION ON • COMPLETEiiiiiiiiiiiimA. Signat agent ■ Complete items 1,2,and 3. ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B ed by(Printed Name) C. D to of elivery ■ Attach this card to the back of the maiipieceL l or on the front if space permits. D. Is delivery address diftftrent from item 1._Article Addressed to: — — l if YES,enter delivery address below:17 0°Nos I Mebus APRT#I Mebus QPRT#II 2145 Wells Ave Southold,NY 11971__ MaJITM 3. Service Type ❑Priority Mail Express® II I IIIIII IIII IIIIII I IIII I II I I I I IIII IIII III I III ri Adult Signature (3 Registered ❑Adult Signature nature Restricted Delivery ❑Registered Mail Restricted ❑Certified Mail® Delivery 9590 9402 3554 7305 7952 54 ❑Certified Mai)Restricted Delivery ❑Return �rcheRndiptfor m ise Collect on Delivery p Signature Confirmation"' ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation 2. ArtSCI@ Nymbf r(Transfer from service label) ❑Insured Man Restricted Delivery Adult ❑Insured Mail RastrictedDelivery i (over$500) Domestic Return Receipt PS Form 3811,July 2015 PSN 7530-02-000-9053 ai SECTION . DELIVERY COMPLETE THIS SEC SENDER: COMPLETE THIS ■ Complete items 1,2,and 3. A Signaturo E3 Agent f ■ Print your name and address on the reverse^ ❑Addressee so that we can return the card to you. g ec Wed b (P'nt a e) C. ate Delivery I ■ Attach this card to the back of the mailplece, or on the front'if space permits. 1. Article Addressedto_ — _ D.]ad livery*dress di t from item 12 Ye if YES,enter delivery dress below: No I &O.arol,Maloney � Patrick ., . . PO Bm5584 Southold,NY 11971 _ J 111111 IIII III I II I IIII I II I I II I I III I II I I I III 3. Service Type ❑Priority Mail Express® III ❑Adult Signature 'El, MaiIT"ci Adult Signature Restricted Delivery O '" ❑Registered Mail Restricted ❑Certified Mail@ Delivery 9590 9402 3554 7305 8044 82 ❑Certified Mail Restricted Delivery- ❑Return Receiptfor ❑Collect on Delivery . . Merchandise ❑Collect on Delivery Restricted pelivery '❑Signature Confirmation"° 2. Article Number(Transfer from service labeo ❑Insured MailElSignature Confirmatlon 0 Insured Mail Restricted Derivery'-" I i 'i Restricted Delivery (over$500)' Domestic Return Receipt PS Form 3811,-July 2015 PSN 7530-0?-0100-9053 ' l� i © RECEIPT CERTIFIEDr Q' rI Only r- . e !1J ' Mai .11 ma `+ x _ • -' • {.:.:a I t'"�"? ;' �.aco y t JaM tip t,.,,3 <,„xY mc.a • Irl 'i i W� € ` N :r' .'.» A : r-11 Certrfi \all Fee r-1 Certified it Fee p^ 0-• $ �l� N � $ add fee as aPProPdateJ Extra Services&Fees(check box, / Extra Servlces&Fees(check box,Odd fee as approAriateJ , 0 Retum Receipt(hardcoPY) $ stmark ❑Return Receipt(hardcopy) _$--�-- 4 postmark ❑Return Receipt(electronic) $ ❑Return Receipt(electronic) $�•-- ,�);\ 0 ny, _5 Certified MaI1 Restricted Require Delivery $ 0 ❑Certified Mall Restricted Delivery $ E [3Adult Signature Required O ❑Adult Signature Required $ ��� 0 Adult Signature Restricted Delivery$ 5 Adult Signature Restricted Delivery$ ts' 0 Postage � postage �— -— --— — I Q - 1:0 I r-9 Patrick&Carol Maloney -- ------ -------- a Frederick&Karen Lee . `---------- o k r�- PO Box 558 ---------------- 1=1 1820 Wells Ave l -------------- I 11971 ��� � Southold,NY _— — Southold,NY 11971 I ■ e ■ostal servicolm -CERTIFIED 1 © . ECEI - 6omestib Mail Only ET' .D e • e . is i 'rv, • rya s t i Certrflad Fee • ` 3f.:..� i�a-zc% 3.F «`:.ix '::�:Rt �:..3 a"sx z.':":a Er Certifi all Fee e Extra Serylces&Fees(check box,add fee asdate ro � $ _ r- ❑Retum Recelpt(hardcopy) $ aPP P ) Extra Ices&Fees(checkbm add fee as appropriate) �1 ❑Return Receipt(electronic) $ �, '�• $---�— � Q ❑Certrfled Mall Restricted Delivery $ ,,F'� P mere Tk ❑Return Receipt(hardcopy) O 4 ti M ❑Return Receipt(electronlc) $ F are \ � ❑Adult Signature Required ry $ M ❑Certified Mall Restricted Dellvery $ r ❑AdultSignature Restricted Delivery$ ltr p fJ II ❑Adult Signature Required $ (� Postage' s Ir 13 Adult Signature Restricted Delivery$ s -_ irostage P —� — -�`-- ��'' fTl �', m I o Alice Asip Jerry&Mirjana Lesica ......... -- r- 230'W Broadway Apt 207 ,_ v 0 �`- 1670'Wells Ave ` _ -Long Beach,NY 11561 1 ' Southold,NY 11971 "' ' Q � Q M -� r f Cr. N •• h Cld l7 Certs Mad Fee Er [`- l Fee — ` $ ra Certlfte EXtra 3ftices&Fees(checkbox,add fee as eppropdate) $ checKbrix,edd fee es 8APr°Pdate) ��•tom,-^�, � ❑Return Recel �; ' pt(hardcopy) $ Extra services&Fees( $�� ^�,j po$ ark ❑Return Receipt(electronic) $ Po.M'r Return RecelPt mardcoP� $- �,f Hole r-3 ❑Certified Mall Restricted Delivery $ HBfO 0 0Certified MailRestrlctedDelivery - ' O [I Adult Signature Required $ `a $�� �• I ❑Adult Signature Restricted Delivery$ nature Required 0 ' O �]AdultSig _ _ 7 1 Postage <' ]Adult Signature Restricted Delivery$�� ' -\ / �, / Q ✓ M CL Postage rnJ Er 3 .. C3 �— Mebus QPRT#I i rn wnerssc � _...---•--- ; o , Mebus QPRT#111 � prop A , � P p ------------------. rA Southold Gardens �� -__ :_7 ' r` 2145 Wells Ave ti C3 ---------- Pp Box 1238 Southold,NY 11971 _- --._.. - Ny � � i thold, ------- — — —-- - ' • �o Domestic Er ra COD IF FF 11 ri Certlfifall Fee Er I Extra services&Fees(checkbox,add fee as appropriate) ❑Return Receipt(hardcopy) $ � O i p ❑Return Recelpt(electronic) $ Postrlark O []Certified Mall Restricted Delivery $ �' Here 1--3 ❑Adult Signature Required $ L 0 ^` I []Adult Signature Restricted Delivery$ '-'9 �• 3 Postage' Er M CIO � Ive&Marie Maretic I -- ........... N 3 5 Grant Ave Cliffside Park,NJ 07010 1; pm � 0 m -02 CD p a0: w 4 ¢ O 1'Z- I19 gM -rL 000 WOO m m rA ..�+ ❑❑ � X17 �L� "'v m•c � 19l. m�i 2. cD Atlu; �[[a�6MNv�mo� f ❑O❑ ❑ .❑Q 0 CpIq z c 13 c ID ,c cm dW mr o,�2iac��o Cr C C . � Nw X m O coQQUUUU C CO co 120c�i u7 c c • JU � C:)00 0Lo C o ® U . -0 c`- 6 1 za M U U C> i O w Ep v a t(D 10 �, r. E a aom a � /(}{� N � r L to n�tca r N" oZ..1 .. Q 0 . CO u? N Erb v 'n � I Mz • .�_. 0, U Uo- N � fA to r C W 4- "' a 0 3 f ° 00 O 0 O s t[') Z M U 'i Ow 3+ i `n a V) ti Un. ¢ o rd r Co N CL COMPLETE •N COMPLETE THIS SECTIONON ■ Complete•items 1,2,and 3. A. Signature S ■ Print your name and address on the reverse X ' 0 Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Print C. Date of Delivery or on the front if space permits. �® 1. Article Addressed to. D. Is delivery adr�ss iffererd It 0 Yes t If YES,enter ery adds belo -,C 0 No y 1 Southold Gardens Prop Owners Asc 1 i 1 PO Box 1238 B��•l�, Southold,NY 11971 ' Jf 1 — —— —— --- 3. Service Type Priority Mail Express® 111111111 Jill 1111111 Jill 1111111111111111111111 ❑Adult Signature E3 Registered MaliTm ❑Adult Signature Restricted,Delivery ❑Reglstered Mad Restricted j ❑Certified Mail® Delivery 9590 9402 3554 7305 8044 75 ❑Certified Mail Restricted Delivery ❑Return Recelpt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service labeq ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationrT" ❑Insured Mail ❑Signature Confirmation ❑Insured Mad Restricted Delivery Restricted Delivery 1 (over$500) PS Form 3811',July 2015 PSN 7530-02-000-9053 Domestic Return Receipt I i 1 1 T6WN OF SOUTHOLD ZONING BOARD OF APPEALS �J✓ SOUTHOLD, NEW YORK / A AFFIDAVIT OF In the Matter of the Application of. POSTING Wa SCTM No. 1000- ` y �Z Z� (Name of Applicants) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, residing at New YL, being duly sworn, depose and say that: I am the- Owner or ( ) Agent for owner of the subject property h On the day of � FAQ- , 20 , I personally placed the Town's Official Poster on subject property located at: indicating the date of hearing and nature of application noted thereon, securely upon subject property, located ten (10) feet or closer from the street or right-of-Way (driveway entrance) facing the street or facing each street or right-of-way entrance,* and that; I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be�lk'sd(xt�� Q}� C) a� (Ow r gent ignature) Sworn to before me this Day of F , 20 -�-® BETSY A. PERKINS Notary Public,State of New York No. 01 PE6130636 otary P is Qualified in Suffolk County Commission Expires July 18,�� * near the trance or driveway entrance of property, as the area most visible to passerby � l j' 10 ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X iT� t f ❑Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. D eteofe every or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item -� If YES,enter delivery address below: ❑No 14(N 230'#,',,.'bR-roadway Apt 207 LongtBeach,NY 11561 3, Service Type ❑Priority Mail Express® II I III II IIII III I II IIII I II I I IIII IIII I II I III ❑Adult Signature ❑Registered MailTM S 11 ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted c 9590 9402 3554'7305 7952 30 ❑Certified Mail@ Delivery ( ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Cgllect on Delivery Merchandise 2. Article Number(Transfer from service fabeo q Collect on Delivery Restricted Delivery 0 Signature ConfirmationTm ❑insured Mail ❑Signature Confirmation E3nsured Mail Restricted Delivery Restricted Delivery (over$500) PS Form$81,1,'July 2015 PSN 7530-02-000-9053 Domestic Return Receipt t,[ COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A. Sig7/ze�Addressee ■ Print your name and address on the reverseAgent so that we can return the card to you. ■ Attach this card to the back of the mailpiece, - B Receive'd�by�(Ptrin�t(ed`NamGe)1� C. Date of Delivery or on the front if space permits. ;X 1�K V v 6 l.-Article AddresserlteT D. Is delivery address different from item 11 Yes If YES,enter delivery address below: E3 No 6'4. Frederick&Karen Lee 1820 Wells Ave Southold,NY 11971 3.II�IIIIII IIII 111111(IIII I III 11111111111111 I III A ulrySg tuice urree 13 13RegisteMail Express@ redMallTm 13-Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 3554 7305 7952 23 ❑certified Mail® Delivery ❑Certified Mail Restricted Delivery I]Return Receipt for ❑Collect on Delivery Merchandise 1 2. Article Number(rransfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm ❑Insured Mail ❑Signature Confirmation 11 Insured Mail Restricted Delivery Restricted Delivery, (over$500) PS Form 3811,July 201'S`PSN 7530-02-000-9053` Domestic Return Receipt COMPLETE • COON• DELIVERY A.,Sigitatare { ■ Complete items 1,2,and 3. { ■ Print your name and address on the reverseX C3 Agent so that we can return the card to you. Z_ �� '4L ❑Addressee ■ Attach this card to the back of the mailpiece, B. Rec ed by(Printed Name) C. Dat of Delivery i or on the front"if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? Yes 3 If YES,enter delivery'address below: ❑No Jerry&Mirjana Lesica , 1670 Wells Ave Southold,NY 11971 { 3.II Service Type 11Priority Mail Expresso 1111111 IIII III I II I IIII I II I I I II I II III I I II I III ❑Adult Signature ❑Registered MaiTM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted � ❑Certified WHO Delivery 9590 9402 3554 7305 8043 21 ❑Certified Mad Restricted Delivery ❑Return Receiptfor ❑Collect on Delivery Merchandise 2. Article Number(transfer from service label) ❑Collect on Delivery Restricted Delivery 13 Signature ConfirmationTm ❑Insured Mail El Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic—Return Recelpt { jl TYPESET' Wed Jul 15 15 06.31 EDT 2020 yard setback of 35 feet; located at: 355 sated at: 3123 Skunk Lane, Cutchogue, LEGAL NOTICE Riley Avenue,Mattituck,NY.SCTM No. NY.SCTM No.1000.97-9-10.4. SOUTHOLD TOWN ZONING BOARD 1000-143-4-19. 1:20P.1VL-GERALD MILITO#7405- OF APPEALS 10:50 A.M.- WENDY DAVIS#7397- Request for a Variance from Article XXHI, THURSDAY,AUGUST 6, 2020 at 10:00 Request for a Variance from ArticleXXIII, Section 280-124 and the Building Inspec- AM Section 280-124 and the Building Inspec- tot's January 22, 2020 Notice of Disap- PUBLIC HEARINGS tor's January 27, 2020 Notice of Disap- proval based on anapplication for a permit This PUBLIC HEARING will be held proval based on an application for a permit to construct additions and alterations to an virtually via the Zoom online platform. to construct additions and alterations to an existing dwelling;at 1)less than the code Pursuant to Executive Order 202.1 of New existing single family dwelling; at 1) lo- required;mitiirnum side yard setback of 10 York Governor Andrew Cuomo in-person sated less than the code required minimum feet; located at: 550 West Road, Cut- access by the public will not be permitted. front yard setback of 40 feet; located,at: chogu5 NY.SCTM No.1000110-5-41. The public will have access to view,listen 200 Pierce Street,Cutchogue,NY.SCTM 1:30 P.M..-SEAN.MAGNUSON FOR and make comment during the meeting as No.1000-136-1-35.1. HNF RESORTS,'INC,,(EASTERN L.I. It is happening via Zoom. Details about 11:00A.M..-MIKE AND MARY-BETH KA V-GROUND)#7384SE-'Requestfora how to tune in and make comments during PETSKY(BREEZY,SHORES,COTTAGE Special Exception,pursuant to Tbwn.Code the meeting are on the Town's website #10)#7408-Request for a Variance from Article VIII,Section 280-35B(5)and Town' agenda for this meeting which may be Article XXIII, Section 280-123 and the CodeArticle1,Section,253-1,the applicant viewed athttp://www.southoldtownny.gov/ Building Inspector's January 2,2020 No- is:requesting,permission to alter the exist- agendacenter.Additionally,there will be a tice of Disapproval based on an application ing Tourist and Trailer Campground by link to the Webinar Zoom meeting at http:/ for a permit to construct additions and removing twenty(2a) fent sites and con- %www.southoldtownny.eov/calendaeaspht. alterations to an existing seasonal cottage; 90trdting twenty(20)Seasonal cabins;as If you do not have access to a computer et 1)a non•conforming�building containing well'as variances for twenty(20} cabins or smartphone,there is an option to listen �a non-conforming use shall not be en- measuring 564 sq,,ft.where the code only in via telephone. You may join by Tele= larged,reconstructed,strueturally altered allows cabins to meastirg a maximum Of, phone: 646-558-8656, Webinar ID: 930 or moved,unless such building is changed 450 s4.ft,in sf te;,Wcated,at:;64500 County' 9041 0409, Password: 296296. Call the -to a conforming use;at:°65490 Route 25; Road 48,Greenport SCTM#1000=40=3-5. ZBA office at 631-765-1809 for help. (Breezy Shores Cottage#10,Adj.,to Shelter 1:46,i?M. "1925 GRANDVIEW'INC. 10:00,A.M.-LAURA FLAVIN#7391- I,sland Sound) Greenport, NY. PATRICK TREA OR, PRESIDENT Reluest for Variances from Article VIII, SCTM#1000-53-5-12.6. #7390-Regpest-fpfa'Variance front Arti- Section 280-39 and the Building Inspec- 11:10 A.M.-JOSEPH DEVrrO#7401- cle III„Section,280-13`and the'Building- tor's December 4, 2020 Notice of Disap- Request for a'Variancefrom Article III, Inspector's january,6,2020 Notice of Dis- proval based on an application for a permit Section 280-15,and the.Building Inspec- approval based dn:'m Cappli- tion fora per- to construct additions and alterations to,an tot's January 8, ,22020 Notice of Disap- mit to legzilize"a•pnilt'r ad`ditions,and al- existing single family dwelling; at 1) lo- proval based on an application for a permit terations to an existing, single family sated less than the code required minimum, to construct an accessory shed; at 1) lo- dwelling;-at 1)-more than the-code permit- front yard setback of 50 feet;2)located less sated in other than the code required,rear ted inatimum tWo:attd;ane-half than the code required minimum side yard yard; located at: 106 Lighthouse Lane, life`s; located at: 1425 dcaudview Drr!Vb, - Setback of 15 feet;located at:50705 Mair; Southold,NY.SCTM No.1000-70-6-27. Orient,NY.SCM, No,1000-14-2-3.21. Road, Southold, NY. SCTM No. 11:20 A.M. -ANDREW AND LINDA 1:50' P.M. - DONNA M. WEXLER, 1000-70-1-7.1. 'TOGA #7403,-,Request for a Variance DONNA M. WEXLER REVOCABLE 10:10 A.M. - GEORGE AND LYNN from Article=III,Section 280-124 and TRUST AND RODNEY T. QUARTY KRUG#7392-Request for Variances from the Building Inspector's January 30,2020 #7363-R'equestfor.Variances from Article Article XXIII, Section 280-124 and the Notice of Disapproval based on an applica- IV,Section 280.18'anil the Building Inspec- Building Inspector's December 16, 2019' tion for a permit to demolish an,existing tors,September�.0;260,Notice,of Dis- Notice of Disapproval based on an applica- dwelling and construct anew single family approval basedon an application for a sub- tion for a permit to construct additions and dwelling;at 1)less-than the code required division,of merged properties at,1)both alterations to an existing single family minimum rear yard setback of 50 feet;-lo- proposed,lots will be less than the code dwelling; at 1)located less than the code sated at:2425 Mill Creek Drive,(Adj.to tequiredmjnimurlilotarea'ttf40;006sq,ft;, required minimum front yard setback of Arshamomaque Pond - Long Creek) located at 1,275 West Hill Road and 1175: 35 feet; 2)located less than the code re= Southold,NY.SCTM No.1000.51.6=40. West .Hill Road, Southold, NY. quired minimum side yard setback of 10 1:00 P.M. - INDIAN NECK IV, LLC SCTM14600-70-442-and 100040-4-23. feet;3)located less than the code required #7409-Request for a Variance from Arti- 'Tile Board bf Appeals will hear,all persons minimum combined side yard setback of cle XXII, Section 280-105C and the ortheiirepres"eg atives„desiiingtobeheardat 25 feet;4)more than the code permitted Building Inspector's January 13, 2020, each heating,and/or desiring to submit writ- maximum lot coverage of 20%;located at: Amended February 24,2020 Notice ofDts- ten staiements-before.fbe conclusion of each 1175 Second Street, New Suffolk, NY. approval based on an application for aper- hearhisg Each bearing will not start'earlier SCTM No.1000-117-7-20. mit to legalize an`as'built” 8 foot-deer than designated phove.Files are available 10:20 A.M.-DANIEL WRIGHT#7395- fence;at 1)not,permitted on vacant parcel for review on The Town's Weblink/ Request-for Variances from Article III, not engaged in bona fide agriculture pro- Laser6cheunder Zoning,BoardofAppeals Section 280-15; Article =11, Section .duction; located at; 1985 Leslie Road, (ZBA)il-oakd Actigns*ending.Click Link:' 280-124;and the Building Inspector's Jan- P@conic,NY.SCTM No.,1000-98=1-2.1. h"tip: /24.38.28.228:2'0'40/welilink( nary 31,2020 Notice of Disapproval based 1:00 P.M. - INDIAN NECK H, LLC Browse aspx?dbid=0.If-,you have questions, on an application for a permit to demolish #7410-Request for a Variance from Arti• pleasetelephoneourofficeaQ631)765-1809, an existing dwelling and reconstruct a new Xe XXII, Section 280-105C and the pr`by email:kimf(Osouiholdtownny.gov single family dwelling; at 1)located less .Building Inspector''-s January 13, 2020, Dated:July T6,2020 than the code required minimum front Amended February 24,2020 Notice of Dis- ZONING BOARD OF APPEALS yard setback of 35 feet;2)located less than approval based on an application for a per- LESLIE K A N E S W E I S M'A N, the code required minimum side yard set- mit to legalize an "as built" $ foot deer CHAIRPERSON' back of 10 feet;3)located less than the code fence;at 1)not permitted on vacant parcel BY;Kim E.,Fuentas required minimum combined side yard set- not engaged in bona fide agriculture pro- 54375 Main Road(Office Location) back of 25 feet;4)existing garage located in duction;located at:3595 Skunk Lane,Cut- 53095 Main Road(Mailing/USPS) other than the code required rear yard; chogue,NY.SCTM No.1000-97-9-12. P.O.aox.1179 located at:2105 Orchard Road,East Mar- 1:00 P.M. INDIAN NECK III, LLC Southold,NY 11971-0959 ion,NY.SCTM No.1000-37-3-6. #7411-Requestfor a Variance from Article 2486880 20A0 A.M. - -PAUL AND KELLY--=I,Section 28041)SC and the Biiilding - — DEMATO#7407-Request for a Variance Inspector's January 13, 2020, Amended from Article XXIII,Section 280-124 and February 24,2020 Notice of Disapproval the Building Inspector's February 12,2020 based on an application for a permit to Notice of Disapproval based on an applica- legalize an"as built"8 foot deer fence;at 1) tion for a permit to construct additions and not permitted on vacant parcel not engaged alterations to an existing dwelling;at 1)less in bona fide agriculture production; In- than the code required minimum front _ #0002486880 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Lori Bazata 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 07/30/2020 Principal Clerk Sworn to-before me this day of�WU MELISSA R DEBOER . NOTARY PUBLIC STAVE OF NEW YORK SUFFOLK,COUNTY LIC.#01 DE6349898 COMM.EXP..;i�� •�---- r � _wAING 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 January 3 , 2020 Re : Town Code Chapter 55 -Public Notices for Thursday, February 6, 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 January 21St : Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and mailing address shown on the assessment rolls maintained by the Southold Town Assessors' Office. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement or during the hearing, providing the returned letter to us as soon as possible: AND not later than January 28th : Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later January 29th : Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before February 4, 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. i4CoTli. E OF HEA' Rli4 ' The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold : NAME : WEXLER, DONNA #7363 SCTM # : 1 000 - 70-4-22 & 23 VARIANCE : BULK SCHEDULE/LOT AREA REQUEST : SUBDIVISION OF . MERGED PROPERTIES DATE : THURS. , FEB . 69 20 :20 940 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 BOARD MEMBERS ®��®f s® Southold Town Hall Leslie Kanes Weisman,Chairperson ® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes ® a� Town Annex/First Floor, Robert Lehnert,Jr. l 54375 Main Road(at Youngs Avenue) Nicholas Planamento �COU +� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 6, 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, FEBRUARY 6, 2020. 9.40 A.M. - DONNA M. WEXLER, DONNA M. WEXLER REVOCABLE TRUST AND RODNEY T. QUARTY#7363 - Request for Variances from Article IV, Section 280-18 and the Building Inspector's September 30, 2019 Notice of Disapproval based on an application for a subdivision of merged properties at, 1) both proposed lots will be less than the code required minimum lot area of 40,000 sq. ft.; located at 1275 West Hill Road and 1175 West Hill Road, Southold, NY. SCTM#1000-70-4-22 and 1000-70-4-23. 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@southo/dtownny.gov. Dated: January 16, 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 46002438490 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 01/16/2020 Principal Clerk Sworn to before me this day o A— ).d dRRV0LiNS,KI NOTARY PUBLIC-STATE Of NEW YORK No 01V06105050 Qualified in Suffolk County My Commission Expires Eebrugry 28,2020 -a TYPESET Wed Jan 08 10 15 ll EST 2020 75 Clearview Avenue,Southold,NY SCTM ant to Article III, Section 280-13B(1), the LEGAL NOTICE Nos 1000-70-8-40&1000-70-8-41 applicant is requesting to convert a single SOUTHOLD TOWN 10:20 A.M.-JUDITH EVANS#7366-Re- family dwelling to a two-family dwelling, ZONING BOARD OF APPEALS quest for a Variance from Article III,Section located,at 45805 NYS Route 25,Southold, THURSDAY,FEBRUARY 6,2020 280-15 and the Building Inspector's Septem- NY SCTM No 1000-75-2-14 PUBLIC HEARINGS ber 18,2019 Notice of Disapproval based on 1:50 P.M.-WILLIAM GORMAN#7302- NOTICE IS HEREBY GIVEN,pursuant an application for a permit to construct an (Re-opened on December 19,2019)Request to Section 267 of the Town Law and Town accessory in-ground swimming pool at, 1) for a Variance from Article XXIII, Section Code Chapter 280(Zoning),Town of South- located in other than the code required rear 280-124 and the Building Inspector's March old,the following public hearings will be held yard,located at 1120 Willow Drive,Green- 18,2019,Amended December 2,2019 Notice by the SOUTHOLD TOWN ZONING port,NY SCTM#1000-40-2-6 8 of Disapproval based on an application to BOARD OF APPEALS at the Town Hall, 10:30 A.M.-BRYAN NICHOLSON AND construct a front porch addition to an existing 53095 Main Road,Southold,New York on SCOTT BOGER #7367 - Request for single family dwelling currently under con- THURSDAY,FEBRUARY 6,2020 Variances from Article XXIII, Section struction(BP#42160)and to alter an existing 9:30 A.M.-ROBERT YEDID#7309-(Ad- 280-124 and the Building Inspector's August building to an accessory storage building;at, joumed from October 10,2019)Request for 27,2019,Amended December 6,2019 Notice 1)Dwelling is located less than the code re- Variances from Article 111,Section 280-15; of Disapproval based on an application for a quired minimum front yard setback of 40 feet; Article XXIII,Section 280-124;and Building permit to construct a single family dwelling 2)Accessory structure is located in other than Inspector's March 22,2019,Notice of Dis- at,1)located less than the code permitted side the code permitted rear yard,located,at 45805 approval based on an application to legalize yard setback of 10 feet;2)located less than the NYS Route 25, Southold, NY SCTM No an"as built"accessory swimming pool and an code permitted combined side yard setback of 1000-75-2-14 "as built" accessory shed, at, 1) accessory 25 feet,located at 155 Bridge Street,Green- 2:00 P.M. JOAN COOKE #7342- (Ad- shed located less than the code required side port,NY SCTM#1000-34-3-45 journed from December 5,2019)Request for yard setback of 5 feet,2)accessory shed lo- 10:40 A.M.-ROBERTA ALIFANO#7368- a Variance from Article XXIII, Section cated less than the code required rear yard Request for Variances from Article XXIII, 280-124 and the Building Inspector's June ll, setback of 5 feet,3)"as built"construction is Section 280-124 and the Building Inspector's 2019,Notice of Disapproval based on an ap- more than the code permitted maximum lot October 16, 2019 Notice of Disapproval plication for a permit to amend an existing coverage of 20%,located,at 230 Hippodrome based on an application for a permit to con- building permit#424322 for additions and Drive, Southold, NY SCTM No struct additions and alterations to a single alterations to a single family dwelling,at, 1) 1000-66-2-25 family dwelling at, 1)located less than the less than the code required front yard setback 9:40 A.M - DONNA M. WEXLER, code permitted rear yard setback of 35 feet,2) of 35 feet,located at 2205 Bay Avenue,East DONNA M. WEXLER REVOCABLE located less than the code permitted side yard Marion,NY.SCTM No. 1000-31-17-6. TRUST AND RODNEY T. QUARTY setback of 10 feet, located at 1500 Grand #7363-Request for Variances from Article Avenue,Mattituck,NY.SCTM#1000-107-3- The Board of Appeals will hear all persons IV,Section 280-18 and the Building Inspec- 13. or their representatives,desiring to be heard at tor's September 30, 2019 Notice of Disap- 1:00 P.M.-BARBARA BECKER#7369- each hearing,and/or desiring to submit writ- proval based on an application for a subdivi- Request for a Variance from Article XXII, ten statements before the conclusion of each sion of merged properties at,l)both proposed Section 280-105C(3) and the Building In- hearing Each hearing will not start earlier lots will be less than the code required mini- spector's October 18,2019 Notice of Disap- than designated above.Files are available for mum lot area of 40,000 sq ft;located at 1275 proval based on an application for a permit to review during regular business hours and West Hill Road and 1175 West Hill Road, construct a deer fence at, 1) more than the prior to the day of the hearing If you have Southold. NY SCTM#1000-70-4-22 and code required maximum four(4)feet in height questions,please contact our office at,(631) 1000-70-4-23 when located in the front yard, located at 765-1809, o r by email• k i m f @ 9:50 A.M. - EILEEN AND ROY 38015 NYS Route 25,(Adj.to the Long Is- southoldtownnygov SCHUMACHER #7372 - Request for land Sound)Orient,NY SCTM#1000-15-2- Dated:January 16,2020 Variances from Article XXIII, Section 15 8. ZONING BOARD OF APPEALS 280-124 and the Building Inspector's October 1:10 P.M. QJSG PROPERTIES, LLC LESLIE KANES WEISMAN, 24,2019 Notice of Disapproval based on an #7371-Request for a Variance from Article CHAIRPERSON application for a permit to construct additions XXII,Section 280-105C(3)and the Building BY-Kim E Fuentes and alterations to an existing single family Inspector's October 18,2019 Notice of Dis- 54375 Main Road(Office Location) dwelling at, 1) located less than the code approval based on an application for a permit 53095 Main Road(Mailing/USPS) required front yard setback of 35 feet(Holden to construct a deer fence at,1)more than the P.O.Box 1179 Avenue); 2) located less than the code re- code required maximum four(4)feet in height Southold,NY 11971-0959 quired front yard setback of 35 feet(Southern when located in the front yard, located at 2438490 Cross Road),located at 980 Southern Cross 38015 NYS Route 25,(Adj.to the Long Is- Road, Cutchogue, NY SCTM#1000-110-5- land Sound)Orient,NY SCTM#1000-15-2- 49 157. 10:00 A.M.PANAYIOTIS BASIOS#7364-- 1:20 P.M.-ERIC FREND#7370--Request- Request for a Variance from Article XXII, for a Variance from Article XXIII, Section Section 280-116A(1) and the Building In- 280-124 and the Building Inspector's October spector's September 25,2019 Notice of Dis- 7,2019,Amended October 30,2019 Notice of approval based on an application for a permit Disapproval based on an application for a to construct an accessory in-ground swim- permit to construct an accessory shed at, 1) ming pool at, 1) located less than the code more than the code permitted maximum lot required 100 feet from the top of the bluff, coverage of 20%, located at 3690 Great located at 2505 Soundview Avenue,(Adj to Peconic Bay Blvd,Laurel,NY SCTM#1000- the Long Island Sound) Mattituck, NY 128-6-6 SCTM#1000-94-1-12.2 1:30 P.M.-KENDALL TODD#7373-Re- 10:10 A.M.SUSAN BLAZOWSKI#7365- quest for Variances from Article XXIII,Sec- Request fora Waiverof Merger petition under tion 280-124 and the Building Inspector's No- Article II,Section 280-1 OA,to unmerge land vember 6,2019 Notice of Disapproval based identified as SCTM No 1000-70-8-41 which on an application for a permit to demolish an has merged with SCTM No 1000-70-8-40, existing dwelling and to construct a single based on the Building Inspector's October 18, family dwelling at, 1) located less than the 2019 Notice of Disapproval,which states that code required front yard setback of 35 feet,2) a non-conforming lot shall merge with an located less than the code required rear yard adjacent conforming or non-conforming lot setback of 35 feet, located at 670 Bayview held in common ownership with the first lot at Drive, (Adj to Spring Pond) East Marion, any time after July 1, 1983 and that non- NY SCTM#1000-37-5-3 conforming lots shall merge until the total lot 1:40 P.M. - WILLIAM GORMAN size conforms to the current bulk schedule #7303SE - (Adjourned from December 5, requirements(minimum 40,000 sq ft in the 2019)Request for a Special Exception pursu- R-40 Residential Zoning District),located,at BOARD MEMBERS ��oE $�U�yO Southold Town Hall Leslie Kanes Weisman,Chairperson hO l0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �p� Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �COU NT'1+��v Southold,NY 11971 http://southoldtownny.gov RECEIVED E N E ZONING BOARD OF APPEALS TOWN OF SOUTHOLD O C T 15 Tel.(631)765-1809•Fax(631)765-9064 Southold Town Planning Board October 15, 2019 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex - Southold,NY 11971 Re: ZBA File Ref. No. 97363 Wexler, Donna Dear Mark: We have received an application for a subdivision of merged properties. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson ,i By: Encl. Survey/site plan: Young and Young, Land Surveyor dated January 16, 2018 BOARD MEMBERS �QF SO(/jy Southold Town Hall �0� alp 53095 Main Road•P.O.Box 1179 Leslie Kanes Weisman,Chairperson .� Southold,NY 11971-0959 Patricia Acampora = Office Location: Eric Dantes • �O� Town Annex/First Floor, Robert Lehnert,Jr. OIyCOO 54375 Main Road(at Youngs Avenue) Nicholas Planamento Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 October 15, 2019' Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #7363 Owner/Applicant: Wexler, Donna Action Requested: subdivision of merged properties Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Ch irperson Encls. Survey/Site Plan: Young and Young, Land Surveyor dated January 16, 2018 � BOARD MEMBERS � OF S�(/jy0Southold Town Hall Leslie Kanes Weisman,Chairperson h0 l0 53095 Main Road -P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora T Office Location: Eric Dantes �p� Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �cou Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD FREIV Tel.(631)765-1809-Fax(631)765-9064 5 2019 MEMO Sout o TOwn TO: Planning Board Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: October 15, 2019 SUBJECT: Request for Comments ZBA # 7363 Wexler, Donna The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. APPLICANT TAX# ZBA# HEARING CODE DATE OF PREPARER ZONE DATE SECTION STAMPED OF SURVEY DIST SURVEY/SITE PLAN Wexler, 1000- 7363 February Art IV, January 16, Young and Donna 70-4-22 6, 2020 Chap 280- 2018 Young, Land & 23 18 Surveyors Thank you. Encls. BOARD MEMBERS Of SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �y0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes u, Town Annex/First Floor, Robert Lehnert,Jr.' • iQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento COUSouthold,NY 11971 http://southoldtownny.gov - -- -- - -- ---------- - -- - --------ZONYI%-4G-BQARD OF- TOWN F TOWN OF SOUTHOLD Tel.•(631)765-1809•Fax(631)765-9064 August 25, 2020 - Patricia Moore' Attorney at Law 51020 Main Road Southold,NY 11971 Re: ZBA Application#7363, Donna Wexler 1275 & 1175 West Hill Road, Southold SCTM No. 1000-70-4-22 &23 Dear Mrs. Moore; Enclosed is a copy of the Zoning Board's August 20, 2020 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Thank you. Sincerely, "—(—� 4,L Kim E. 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