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HomeMy WebLinkAbout7402 i ��m, Phillip a 150 dojo 1 d r7*). 4e6alcze_"',os 1� r"sync CM o an �usfi aun " as bcu 14,"lie,co add i I►m ew��� ��tP .pr, yy ��1►�; s�sb �� PO '10 S VDa a CHECK BOXES AS CGOA-PCETE'D j ( ) Tape this form to out:-- m a ( ) Pull ZBA copy of WID a ID ( ) Check file boxes:fr ( ) Assign next number d< o outside of file four I -n rgip. (n M ry r ( ) Date stamp entire ori,,-,, v, �-0 Z xoc00 z file number 3 av =Y' -° ! _ Z- o m ,< ( ) Hole punch entire ori �'� (before sending to T.t" ; _< 4 '1SD Q ( ) Create new index cafi ' � ( ) Print contact info &V ;CO--4 ( ) Prepare transmittal tr.: ( ) Send original appli,cal to Town Clerk Note inside file folder and tape to inside of,.-- i M ( ,) Copy County Tax Ma . neighbors and AG to a E ( ) Make 7 copies and p ° -4 ( ) Do mailing label i 0">0).ao �— �o coo D BOARD MEMBERSrg s®�f Southold Town Hall Leslie Kanes Weisman,Chairperson ��® 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes � � Town Annex/First Floor, Robert Lehnert,Jr. a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU V5 Southold,NY 11971 http://southoldtowimy.gov RECEIVE® ZONING BOARD OF APPEALS PU 6 0 :S I TOWN OF SOUTHOLD NOV 2 3 2020 Tel.(631)765-1809•Fax(631) 765-9064 1 0. n_ a SO hold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATIO MEETING OF NOVEMBER 19,2020 ZBA FILE: #7402 NAME OF APPLICANT: Phillip Lim PROPERTY LOCATION: 2070 Hyatt Road, Southold NY SCTM: 1000-50-1-1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 5, 2020 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 October 9, 2020 and Amended October 22, 2020. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available, it is recommended that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP relative to the `as built' reconstruction of an accessory deck,which states: The Board of Trustees issued a Coastal Erosion Management Permit 9696C in December of 2019 that conditions compliance with § 111-15. Erosion protection structures. In his report, the LWRP coordinator stated that he believed that the condition was a mistake as the structures are not erosion control structures. The coordinator further advised, pursuant to Policy 1 of LWRP Standards, that if approved, the as-built, accessory deck could set a precedent and reinforce a traditional land use pattern of the Town of Southold in conflict with the purpose of zoning regulations and the purpose of the Coastal Erosion Hazard Area(CERA). The as-built construction without Board oversight and zoning compliance in a vulnerable area is unsupported. The proposed action does not enhance community character, nor does it minimize the adverse effect of development on the environment and protective natural feature. Therefore, this policy is not met. It is recommended that the Board address the leaching pool located on the Coastal Erosion Hazard Line. Furthermore, the deck addition attached to the existing single-family dwelling is recommended as EXEMPT from LWRP Coastal Consistency Review. Page 2,November 19,2020 #7402,Lim SCTM No. 1000-50-1-1 SUFFOLK COUNTY SOIL AND WATER' CONSERVATION DISTRICT: This application was referred for review and commentary by Suffolk County Soil and Water Conservation District and issued the following recommendations dated March 9, 2020, based upon a site visit conducted March 5, 2020: • It is recommended that the areas, around the side deck, that have bare soil should be covered with more vegetation, as to minimize the,potential of stormwater runoff and soil erosion to travel downhill, towards the bluff. • To ensure the long-term stability of the bluff and reduce bluff erosion, native plant species should be established and be predominant on the bluff. • It is suggested that the bare soil under the deck be covered with gravel, and the slope be covered in ground- cover vegetation to reduce soil exposure and to reduce runoff and erosion. • All ground disturbance activities have an impact. If soil disturbance is minimized the impacts associated with the activated are significantly decreased. Undisturbed and vegetated areas should be left undisturbed whenever possible. • Protection of existing vegetation is critical to ensuring the long-term stabilization of the property. Protected areas should be clearly identified with bright colored ribbon and/or fencing prior to the commencement of construction. Additionally, stockpile locations, staging areas and access points must be clearly defined to minimize impacts. • Any improvement that alters the natural course of drainage(ex: structures, impervious surfaces, conveyances, etc.) will increase the impact of stormwater runoff. Consideration should be taken to minimize the impact of runoff during and after construction. Erosion and sediment control measures should be implemented prior to ground disturbing activities. • All efforts should be taken to vegetate and stabilize disturbed soils as soon as possible. See NYS Standards and Specification for Erosion and Sediment Control ("Blue-Book") for additional control measures and considerations. Construction and the use ;of heavy equipment may impact the stabilization of soils. Vibrations from machinery as well as soil compaction have adverse impacts. Machinery should not be left to idle and only running when in use. The location and storage of such equipment should be as far away as possible from critical areas such as bluffs and any unstable soils. • All irrigation systems should be limited to protect the stabilization of the bluff and the surrounding soils. System components such as valves, controllers, pipes and irrigation head emitters should be reviewed periodically. The implementation of"smart" irrigation controllers are recommended where feasible. With all irrigation systems, annual maintenance by a qualified individual is recommended. PROPERTY FACTS/DESCRIPTION: The subject, 50,986 square feet (32,381 square feet to the Coastal Erosion Hazard Line), 1.17 acre rectangular waterfront parcel located in the R40 Zoning District measures 99.62 feet along Private Road"Hyatt Road", then runs northwest 507.26 feet along two residentially developed lots to the east,then runs 100.03 feet along the tie line at the Mean High Water Mark in the Long Island Sound and returns 516.34 feet southeast along a residentially developed lot to the west. The subject property is improved with a one-story frame residence, concrete walkway with steps, a side deck (subject of this application), a rear deck, stockade fencing, frame garage with concrete driveway, a pool and hot tub with deck surround (subject of this application) as shown on the survey prepared by John T. Metzger,Licensed Land Surveyor and dated January 23,2020. BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15; Article IV, Section 280-18; and the Building Inspector's February 7, 2020 Notice of Disapproval based on an application for a permit to legalize an "as built" reconstruction of an existing accessory deck and an "as built" deck addition attached to an existing single family dwelling; at 1) accessory deck is less than the code required minimum side yard setback of 15 feet; 2) deck addition is less than the code required minimum side yard setback of 15 feet; located at: 2070 Hyatt Road(Adj.to Long Island Sound), Southold,NY. SCTM No. 1000-50-1-1. Page 3,November 19,2020 #7402,Lim SCTM No. 1000-50-1-1 RELIEF REQUESTED: The applicant requests variances to legalize the `as built' reconstruction of an accessory deck, measuring approximately 33' feet by 51 feet, surrounding an in-ground swimming pool and hot tub, with a side yard setback of 6.8 feet where the code requires a minimum side yard setback of 15 feet and to legalize the `as built' deck, measuring approximately 5.2 feet by 14.6 feet, attached to the single family residence with a side yard setback of 9.2 feet where the code requires a minimum side yard setback of 15 feet. ADDITIONAL INFORMATION:''No members of the public or immediate neighbors spoke in favor of or against this application. Hyatt Road is a private right of way servicing over 40 residences. A `footpath' right of way runs along the subject property's eastern not line allowing beach access for area residents and is visible from the subject pool deck. The Southold Town Board of Trustees issued Permit numbers 9696 and 9696C on September 16, 2020 "Wetland Permit for the as-built 670 sq. ft. swimming pool with surrounding 834 sq. ft. deck, and as-built 56 sq. ft. hot tub; and as depicted on the survey prepared by Peconic Surveyors, P.C., last dated December 12, 2019, and stamped approved on September 16,2020." The subject parcel has the following Certificates of Occupancy: #Z-30952 issued May 31, 2005 for a one family dwelling with accessory garage #Z-30951 issued May 31, 2005 for"as built" alteration to a non-habitable basement #Z-15442 issued December 2, 1986 for deck addition to a one family dwelling #Z-19086 issued May 30, 1990 for an inground pool and fence, amended to include deck and hot tub At the Board's request, on November 5, 2020, the applicant's agent submitted a copy of a survey for the site dated September 19, 1986 illustrating the pool location along with a letter of Non-Jurisdiction from the New York State Department of Environmental Conservation, dated October 28, 1986. The survey received illustrates, among other factors,the following: • A pool measuring 15 feet by 30 feet • Pool placement 10 feet from the eastern property line The survey provided does not conform to the current survey included with application #7402 illustrating a pool measuring 18 feet by 36 feet that is built 14 feet from the eastern property line. Furthermore, the submitted document does not illustrate any decking surrounding the pool. The applicant's agent stated that the property owner rebuilt existing decks without the benefit of the proper building permits. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 5,2020 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 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 Hyatt Road neighborhood consists of nearly four dozen residential lots, the majority of which are developed and are waterfront or water-view, all accessed over a narrow, common right of way from Soundview Avenue. The lots were predominately created and developed prior to G Page 4,November 19,2020 #7402,Lim SCTM No. 1000-50-1-1 Zoning with many homes recently updated to meet modern needs and standards. The neighborhood is heavily wooded with a rough terrain and rural character. While pool deck surrounds and attached decks are common accessory structures to single family residences in the Town of Southold and specifically this neighborhood,zoning is in place to protect the health and welfare of the community and this improvement is unsupported by the UAW. The granting of a variance to allow the reconstruction of an `as built' pool deck surround in the Coastal Erosion Hazard Area will adversely impact the community; more importantly,the Town Board is the sole authority that has the ability to grant relief for such an improvement, regardless of side yard setback requested. Relative to the addition of an attached deck to the single family residence with a side yard setback of 9.2 feet where the Code requires a minimum of 15 feet, the addition of a 75 square feet platform, serves no purpose as the applicant states other than for the placement of garden pots, as it is raised in excess of a full step over the existing deck which allows access to the residence. Should the applicant wish, they can easily landscape along the conforming deck to achieve the same level of privacy while maintaining a conforming side yard setback. 2. Town Law X267-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. The applicant can place the pool and pool surround outside of the Coastal Erosion Hazard Area, or can reduce the size of the existing pool deck surround to make it conform to the code side yard minimum setback of 15 feet. Furthermore, they can build an attached deck in a conforming location. 3. Town Law 4267-b(3)(b)(3). The variances requested herein are mathematically substantial, representing 100% relief from the code relative to the placement of the pool deck surround in the CEHA and 38.6% relief from the code relative to the `as built' deck addition attached to the residence. 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. 5. Town Law W7-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of'the requested relief is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a pool deck surround and attached residential deck measuring approximately 5.2 feet by 14.6 feet while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Planamento, and duly carried,to DENY as applied for. Xes4lieKLes the Board: Ayes: Members Weisman(Chairperson)Acampora, Dantes,Lehnert, and Planamento(5-0). Weisman, Chairperson Approved for filing `� /q)?3 /2020 I SURVEY OF PROPERTY RECEIVI" AT HORTON'S POINT EL 2s BANK E � TOWN OF SOUTHOLD P00L�� SUFFOLK COUNTY, N. Y.BOTTOM OF BANK ,- 9 20200.14' 32' 1000-50-01-01 8Eoi1oNA--A of Appeals SCALE. 1'=40' NM TOP OF BANK �' Lp MARCH 14, 2006 =26' JUNE 11, 2008 (UPDATE & TOPO) POOL AREA AUGUST 3, 2017 (DECK DIMENSIONS) BOTTOMN/O/F MARY BUTZ OF BANK 6' N/O/F PEGGY HADLEY DECEMBER 12, 2019 (GRADES) Z EL=16 18' (DWELLING) AND DIANE JUDGE JANUARY 23, 2020 (SETBACKS) 2 WSWELL & CP LOC. UNKNOWN HOUSEHOUSE O Z Ci o W O iW i (DWELLING) wI ►+ eo 507.268 WELL LOC. UNKNOWN 3 I ¢w I S64,50 00 E y 6, , DR/VElyq y \ o�� ,' -rye -iry6 IV T /ItK FE /I /�� �� \ / l .--60-___ \ _ I /`-_ f ,� BB I �I -- wciao sr�� I I I II s• -- — — eB BB - ATO -- -- I �o _ 6p8�Dlf cv&c 3 I �e D• I� Ln a® I I I `� ®o A Lu o w a . ui ED -12"'MeNANAW, WALL Lj- r �.. -4-5,-gul4r.5 Ane YARD 046C& A A _- I 8,-0. LIM RESIDENCE 2070 HYATT RD. SOUTHOLD NY EXISTING: 890sq. f. DECK SURROUNDING i EXISTING 670 sq. ft. POOL AND HOT TUB -. PROPOSED: SAME WITH NEW DECKING. NO CHANGES TO EXISTING STRUCTURE GENERAL NOTES 1 Ali wort shall ca ilom ca the raculrements of the Resdenbel Code of New York Sate.County and Town Department Rogtdudons,Utility Company requlremen5 and b-node lxacm- 2 Befare canmemcirg work Me Conn=shall file an documcrcs requited by the B•11dng Depanmem,pay e9 foes mcidred by local agerdes ed obtain on ragdred Oernats 3 The Commdor shag visit the s4e and verify all drmensbro and the"Sting conditions afrecting the wok prier to const niton Any c1lampancle5 which vouH MvIdwe girth the sadsfactcry compianedcn of ore wok descdbed neral,shat be reputed t)the achitect M proPaq o**I- Do nor start half undi such cordilmns have been.-.-d and a course of action moually agreed upon. Fail to mory me owner a archsect of matisfa=ry a dlilot6 will be construed W an acceptance of Uta Conditions to propady Wart the requited wok 4 OA work is to Wnfofm to due drawings and spedfltadons of Ina architect and s The Co entra ngine C ctfornba or ois to mental,a camldate and w to r>.ta set or penis on d>a 6. Thkin at gig Urtnes ® 6. The all be are not to be scaled utter any ckctanall prevailing ' 1 7 tt shag be U»contwctols rospdn�L6q a esca[aM all Prevel9rg procedurss f Jealrg slang and tab!faclgues,prot coat of essbring hat to remakw,acres9 to Q� (t�1 EXISTING POOL wok araq-hours of permmed work,awabbilty of velar and eladdc power and gig a� L`r� adrer eortmums and rastrctidns for ma pank:ular beaum In truer[o exeeue me O wok m a o..and=,Maear hum Me least ptase>le mstumaurce to the public. ` I 8. The Conuacmr stall make the amesary ar sus to utgrclns and s-mas O; f•.n;leU15 9. The Conuactor shall prdv pedormrg de work as required I r t' provkle ae donasprs and cut-outs for ower Vedas pp ar� 10 The ConaWW shelf p—Ida proper sharing and b—Ig fa an remaining structure ;ng VO poor to removal d adsting sutxtae, it-PIMUng.elmico,HVAC end shMar wok shad be pedoMad by licensed pastes vin stag an ongg for and clam all required Inspections.The Cmno21 iV Cemrstct shall be responsMa for scindelm 38 outer Ispodons as required m 12.The Connador is abfeiy nt paa0ie for eenstructioe salty and shall hold ale osvllFf aha ocNrect hannMss from 9tigarxn arising as N Me Contmctoes failure to protide smsauWon safety means aril methods. 36'-0' CONSTRUCTION NOTES 1All footings shall rest on tmdsllabad son at a mlNmure of 86"below lin.gado. 2. Poured caciam shall have a minimum psi of 2800 at 28 days tmless noted. 3. SN pates shall be preaewad,tmied hood and he Installed abve a 16 or. -" copper tomdte shdkt 4 Shingle,siding shall conroim to ASTM D 8679 and be Instated in madame Nth ate New York Slee Building Cade and mamdadurens Specifications. S. PINo s slag be Inrstated try a licensed taninacta e a depth and beadng agn"d upon ty an engrtpar mud tattliret¢shaft be(ssoed satmg same. 6. UNeu olrervdso noted all fraretng and=xttual wool components shag ha 82 a beaer Oaupias Fir. 7. An training leanNgnaa and methods shag be as presetijdl a design based an AFaP Wood Frame Coratructlort Mental fa One oil two FemIN D+ZWiN9s(1YFCM) a as soet(red b 8elope 1.1 6. Ag datdnlg envekpe compatanb shad ca,pY wore Chapter 6 of the Enxgy Case flu.Code of the state of New YWIL 9. Rmblocking shall be prowkled N an wood famed taalrualon M==dare troth NYS Code R 602 8 to form an urtocuve fire banier between sto and between the top stay and roe(saw 10 Protective panels shag be ptarlded for glazed openings In accordance Wim NYS code 8301.2.1.2 H May are tequhed. 11 All pontes¢of the now stnuctute are deelged W comply with Ixal geographic and cflmaae an arta as slated In the kftw kg table. GEOGRAPHIC & CLIMATE DESIGN CRITERIA GROUND SNOW LOAD 45 psi WIND SPEED 190 MPH SEISMIC DESIGN CATATGORY B WEATHERING SEVERE FROST LINE DEPTH 36' TERMITE THREAT MODERATE TO HEAVY DECAY SLIGHT TO MODERATE 1X4 WOOD DECKING WINTER DESIGN TEMPERATURE 11 FLOOD HAZARD AS NOTED PLAN A-101 DECK PLAN 1/4"= 17 •NOTE: NO STRUCTURAL CHANGES TO EXISTING F W `�• DECK. RESURFACE ONLY. I�- r'.�0,�� DECK PLAN EXISTING HOT TUB i( cT F. J:' SCALE AS NOTED JULY 14TH 2017 r cess ROBERT WILSON SO BOX TART SOUTHOLD9NY 11971 ` r.J ; 631-294-4241 *NOTE: NO STRUCTURAL CHANGES. o,�O RESURFACE ONLY. RoFESS�°�'j A 101 i 1 OF 1 Sdffolk County SWCD 4 �ot CO Corey Humphrey,CPESC 423 Griffing Avenue District Manager Suite 110 �� (631)852-3285 Riverhead,NY 11901 www.SuffolkSWCD.or Rob Carpenter g �° � � Chairman Ln U CON SEt'� 4G 3/9/2020 R€ 13 Leslie K. Weisman Chairperson MAR 0 9 Board of Appeals Town of Southold Zoning Board OF A0p(,,aJS P.O. Box 1179 Southold,New York 11971-0959 Re: ZBA#7402 LIM,Philip SCTM# 1000-54-01-01 Dear Chairman Weisman, Thank you for reaching out to Suffolk County Soil and Water Conservation District for assistance. Evaluation of this property has been conducted. This single-family dwelling is located adjacent to the bluff, facing the Long Island Sound, in a residential/agricultural area. The site proposal for this location is for a permit to legalize an"as built"reconstruction of an existing accessory deck and an"as built" deck addition to an existing single family dwelling. This document contains information on what has been observed in relation to potential bluff erosion issues. A site visit was conducted on March 5th, 2020, in response to your request to review and evaluate a proposal for the parcel located at 2070 Hyatt Road, Southold. The proposal has been previously disapproved for the following reasons: The proposed construction is not permitted pursuant to Article IV Section 280-15, which states: On lots measuring between 40,000 and 59,000 square feet in total size,the minimum required setback is 15 feet. The"as built"construction notes a setback of 6.8 feet. Furthermore the"as built"deck addition to the single family dwellingis s not permitted pursuant to Article IV, Section 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 R-40 District unless the same conforms to the requirements of the Bulk Office Hours:Monday through Thursday 7:30 a.m.to 4:00 p.m. Friday 7:30 a.m.through 3:00 p.m. Schedule and of the Parking Schedule with the same force and effect as if such reaulatsion were set forth herein full. Bulk Scheduled required a singleyard setback of 15 feet. The"as built"construction notes a setback of 9.2 feet. Observations and Comments on Current Conditions: The property is mostly sloped towards the bluff,north, from the front of the property to the back. The front and backyard, inland from the bluff, is well-vegetated with turf grass with little evidence of runoff from the dwelling. The dwelling had gutters with downspouts into underground drywells were observed. The"as-built"deck addition to the dwelling (i.e. side deck) appeared to be constructed securely. The proximity of the deck to the side property boundary does not appear to be a concern. The west side of the property,where the side yard is, is sloped from the property fence,towards the deck. There is also a buffer of ornamental vegetation between the deck and the property boundary. The property is considerably sloped from south to north, from the front yard towards the bluff. It is recommended that the areas, around the side deck,that have bare soil should be covered with more vegetation, as to minimize the potential of stormwater runoff and soil erosion to travel downhill,towards the bluff. The overall condition of the bluff seemed good at the time of inspection. The bluff face was observed as a well-vegetated, gradual slope towards the beach. No apparent erosion issues could be seen on the face of the bluff at the time of inspection, due to the thick vegetative cover. Invasive species, like multiflora rose,were heavily present on the bluff. To insure the long-term stability of the bluff and reduce bluff erosion, native plant species should be established and be predominant on the bluff. The accessory deck(i.e. pool/deck/hot tub) also appears to be soundly reconstructed. The temporary fence with metal posts along the edge of the deck on'the north side should be removed and replaced with more a secure and permanent fence. An old fence from the east side of the property comes around the deck and on the bluff face,parallel to the deck. It is unclear what the purpose of this fence is. There are several white, PVC pipes underneath the deck that appear to go down into the ground, possibly to a drywell. The ground underneath the deck is bare soil, and the slope around this deck shows signs of stormwater runoff in the form of rill erosion towards the gate. Therefore, it is suggested that the bare soil under the deck be covered with gravel, and the slope be covered in ground-cover vegetation to reduce soil exposure and to reduce runoff and erosion. No irrigation lines were present near the bluff,which is favorable. Irrigation near or on a bluff can cause erosion of the bluff face and create bluff stability issues. The further irrigation lines are from the bluff crest, the better. Following proper procedures is recommended when constructing on or near the bluff. It is not generally advised, as the stability of the bluff could be in jeopardy. There is no bulkhead present at this location,but the walkway from the property to the beachfront showed evidence of stormwater runoff issues coming from the accessory deck. I have attached photos below to illustrate the above observational comments. Side Deck Attached to Single-Family Dwellin>? Side deck-attached to dwelling on west side Side deck-attached to dwelling on west side on property,facing south. on property,evidence of bare soil. a 3 Side deck-attached to dwelling on ro. west side on property,facing north, ' showing property slope towards bluff. 3� 00 6 Side deck-attached to dwelling on west side on property,facing south-west,showing vegetative buffer between deck and property fence line. Accessory Deck(Pool/Deck/Hot Tub) Accessory Deck,facing northeast, towards bluff and Long Island Sound. 3 View of Sound from Accessory Deck, Portion of the deck with temporary facing northwest. The grass walkway fence,facing northwest. from the property to the beach is visible. v ti. 4 East side of deck,showing wooden fence, North side of deck,showing continuation of rth wooden fence from east side to about 8 feet in facing no front of deck,on the bluff. Facing north. t i West side of deck,facing north east,showing East side of deck,showing deck footings. temporary fence. Facing north i� AL West side of deck,facing north east,showing JJJ��� bare soil and PVCp�P� g i in underneath deck. West side of deck,facing north,showing temporary fence,bare soil,and some West side of deck,facing north,showing evidence of stormwater erosion. temporary fence,bare soil T West side of deck,showing deck footings. Looking down from deck on northwest side. Facing northeast Bare soil and evidence of stormwater runoff is observed. y'. West side of deck,on walkway facing northeast. Evidence of erosion present. f.� a 3 V" + West side of deck,walkway towards gate and y beach path. Facing north :`i, F. r -'N mo ,'.. Lµ. West side of deck, Evidence of bare soils and West side of deck,Evidence of bare soils and erosion. erosion. ' West side of deck,Evidence of bare soils and West side of deck,Evidence of bare soils and erosion. erosion. 1 - fxa .E West side of deck,facing north and beach West side of deck,Evidence of bare soils and walkway access. Downward slope towards erosion. walkway. Evidence of erosion present. t 3 West side of deck in front of gate,facing south. Evidence of erosion present on left- hand side. w s. 1 4. View of bluff and property from beachfront,facing south.Bluff is well- vegetated. Any additional observations of bluff cannot be seen due to thick vegetative cover. Multiflora rose is present. L Additional considerations: All ground disturbance activities have an impact. If soil disturbance is minimized the impacts associated with the activated are significantly decreased. Undisturbed and vegetated areas should be left undisturbed whenever possible. Protection of existing vegetation is critical to ensuring the long-term stabilization of the property. Protected areas should be clearly identified with bright colored ribbon and/or fencing prior to the commencement of construction. Additionally, stockpile locations, staging areas and access points must be clearly defined to minimize impacts. Any improvement that alters the natural course of drainage(ex: structures, impervious surfaces, conveyances, etc.)will increase the impact of stormwater runoff. Consideration should be taken to minimize the impact of runoff during and after construction. Erosion and sediment control measures should be implemented prior to ground disturbing activities. All efforts should be taken to vegetate and stabilize disturbed soils as soon as possible. See NYS Standards and Specification for Erosion and Sediment Control ("Blue-Book") for additional control measures and considerations. Construction and the use of heavy equipment may impact the stabilization of soils. Vibrations from machinery as well as soil compaction have adverse impacts. Machinery should not be left to idle and only running when in use. The location and storage of such equipment should be as far away as possible from critical areas such as bluffs and any unstable soils. All irrigation systems should be limited to protect the stabilization of the bluff and the surrounding soils. System components such as valves, controllers,pipes and irrigation head emitters should be reviewed periodically. The implementation of"smart"irrigation controllers are recommended where feasible. With all irrigation systems, annual maintenance by a qualified individual is recommended. Thank you for contacting Suffolk County Soil and Water Conservation District to review this proposal from the Town of Southold's Zoning Board of Appeals. If you have any questions regarding our site visit and/or the information that has been provided, please contact our office. My direct office line is (631)-852-3289. Best Regards, su�� Kaitlin R. Shahinian Soil District Technician Suffolk County Soil and Water Conservation District Ong I-V fl/c/ COUNTY OF SUFFOLK RECEIVED MAR 1 12020 ( OFFICE OF THE COUNTY EXECUTIVE Z Steven Bellone r+in9 Board Or SUFFOLK COUNTY EXECUTIVE �4 Natalie Wright , Department of Commissioner Economic Development and Planning March 5, 2020 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 Smith, Erik # 7400 dal - DeVito, Joseph #7401 J uK Lim, Phillip #7402 J— Shelbert Ventures, Inc. #7404 Milito, Gerard ,#7405 .- 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 A- p� ,�(�� BOARD MEMBERS of $®(/ �� Southold Town Hall `'-@, Leslie Kanes Weisman,Chairperson �� ry® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 p' D\w Patricia Acampora Office Location: Eric Dantes N Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) T�1,I�Ticholas Planamento liy � Southold,NY 11971 A �_ http://southoldtownny.gov + ZONING BOARD OF APPEALS �L�E?vE►J TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax 631)765-9064 OCT 2020 MEMORANDUM [Zoning Board Or Apptais To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry,AICP Assistant Town Planning Director LWRP Coordinator Date October 22, 2020 Amended Re: LWRP Coastal Consistency Review for ZBA File Ref PHILLIP LIM#7402 SCTM 1000-50-1-1. PHILLIP LIM #7402 - Request for Variances from Article III, Section 280-15; Article IV, Section 280-18; and the Building Inspector's February 7, 2020 Notice of Disapproval based on an application for a permit to legalize an "as built" reconstruction of an existing accessory deck and an "as built" deck addition attached to an existing single family dwelling; at 1) accessory deck is less than the code required minimum side yard setback of 15 feet; 2) deck addition is less than the code required minimum side yard setback of 15 feet; located at: 2070 Hyatt Road (Adj.to Long Island Sound), Southold,NY. SCTM No. 1000-50-1-1. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,the proposal is recommended as INCONSISTENT with the below LWRP policies. The Board of Trustees issued a Coastal Erosion Management Permit 9696C in December of 2019 that conditions compliance with § 111-15. Erosion protection structures. I believe the condition is a mistake as the structures are not erosion control structures. - 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. If approved,the as-built, accessory deck could set a precedent and reinforce a traditional land use pattern of the Town of Southold in conflict with the purpose of zoning regulations and the purpose of the Coastal Erosion Hazard Area(CEHA). 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J,� �' �'-:C. �.. :. �9a."�5r',:,d�+4,� �"sr,�'zir CC*?''m z• �„ '�,`�'j� �5a.y`t�" '( a6666 '", � e. *q't. ,,;„r ,>�-Y. ,r ��: ,w �,,..Y Y*j ,. .`^zirl. 4�"'�.,� x. � e s �t,•�. »y. P � � ; � r%A c . x,ma 'e: r n r a. 2 9 lXs a k y s ,�"�, r ✓4Y.t ` ;V 31 ,.-t"+ .F,:•,f#'S;,'�"a •'w' '.au., ^' a ;".?'?f�. Figure 1. Subject parcel(center). It is recommended that the Board address the leaching pool located on the Coastal Erosion Hazard Line. The deck addition attached to the existing single-family dwelling is recommended as EXEMPT from LWRP Coastal Consistency Review. Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy, Town Attorney t0i 131 J:kL l � 5 FFICE LOCATION: S��'OF SOy® MAILING ADDRESS: Town Hall Annex P.O. Box 1179 i 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 ® ® Q Telephone: 631 765-1938 RECEIVED LOCAL WATERFRONT REVITALIZATION PROGRAM O C T 0 9 2020 F TOWN OF SOUTHOLD 1 Zoning Board Of,(�ppeal� MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry,AICP y , f .J Assistant Town Planning Director LWRP Coordinator Date October 9, 2020 Re: LWRP Coastal Consistency Review for ZBA File Ref PIULLIP LIM#7402 SCTM No. 1000-50-1-1. PHILLIP LIM #7402 - Request for Variances-from Article 111, Section 280-15; Article IV, Section 280-18; and the Building Inspector's February 7, 2020 Notice of Disapproval based on an application for a permit to legalize an "as built" reconstruction of an existing accessory deck and an "as built" deck addition attached to an existing single family dwelling; at 1) accessory deck is less than the code required minimum side yard setback of 15 feet; 2) deck addition is less than the code required minimum side yard setback of 15 feet; located at: 2070 Hyatt Road (Adj.to Long Island Sound), Southold,NY. SCTM No. 1000-50-1-1. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the - information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,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. If approved,the as-built accessory deck and pool structures could set precedent and reinforce a traditional land use pattern of the Town of Southold that is not supported and in conflict with the purpose of zoning regulations and the Coastal Erosion Hazard Area(CERA). The proposed action does not enhance community character,nor does it minimize the adverse effect of development on the environment and protective natural feature. Therefore,this policy is not met. { 140 Wi, � •£ ;,�' �?tlr <w! s.. `1 �,• 1. $$ �p(,��.�•,s ,-.�° Ifs' ' .+ `•a %t6f�` '*fes ��•�i% �'• `4, ' Figure 1. Subject parcel(center). Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential,loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away'from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. Chapter 111 of the Southold Town Code defines a bluff as: BL UFF Any bank or cl f"with a precipitous or steeply sloped face adjoining a beach or a body of water. The waterward limit of a bluff is the landward limit of its waterward natural protective feature. Where no beach is present, the waterward limit of a bluff is mean low water. The landward limit is 25 feet landward of the receding edge or, in those cases where there is no discernible line of active erosion, 25 feet landward of the point of inflection on the top of the bluff. The 'point of inflection"is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline. Slopes on site seaward of the pool are equal to or greater than 20 percent. All development is prohibited on the bluff other than walkways and stairways pursuant to Chapter 111. Coastal Erosion Hazard Areas Article H. Regulations §111-14. Bluff area. The accessory deck and pool are located on a bank/bluff and within the CEHA and are not permitted. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. It is recommended that the accessory deck and pool be removed or relocated to outside of the CERA to meet this policy. Damage and loss to structures in these areas occur from erosion and high winds during storm events. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas maybe warranted for: a. structures which functionally require a location on the coast or in coastal waters. The accessory deck and pool are not water dependent and do not require a location on the coast. It is recommended that the Board address the leaching pool located on the Coastal Erosion Hazard Line. The deck addition attached to the existing single-family dwelling is recommended as EXEMPT from LWRP Coastal Consistency Review. Pursuant to Chapter 268,the Southold Town Z;ping Board of Appeals shall consider this recommendation in preparing its written detennination regardiro the consistency of the proposed action. Cc: William Duffy, Town Attorney Glenn Goldsmith,President Qf S (/j' Town Hall Annex Michael J.Domino,Vice-President ,�®� ®�® 54375 Route 25 P.O.Box 1179 John M. Bredemeyer III Ir Southold,New York 11971 A.Nicholas Krupski � Telephone (631) 765-1892 Greg Williams Fax(631) 765-6641 3ZECEIVED /01' BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SEP 3 ® 2020 September 22, 2020 Zoning Board Of Appeals Michael A. Kimack P.O. Box 1047 Southold, NY 11971 RE: PHILLIP LIM 2070 HYATT ROAD, SOUTHOLD SCTM# 1000-50-1-1 Dear Mr. Kimack: The Board of Town Trustees took the following action during its Regular meeting held on Wednesday, September 16, 2020 regarding the above matter: WHEREAS, Michael Kimack, on behalf of PHILLIP LIM applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, and Chapter 111 of the Southold Town Code, Coastal Erosion Hazard Areas, application dated December 23, 2019, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Inconsistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, the Board of Trustees has furthered the Local Waterfront Revitalization Program policy 6.3 to the greatest extent possible through the imposition of the following Best Management Practice requirements: the issuance of a permit for the structures; WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 16, 2020, at which time all interested persons were given an opportunity to be heard, and, 2 , WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 and Chapter 111 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of PHILLIP LIM for the as-built 670sq.ft. swimming pool with surrounding 834sq.ft. deck, and as-built 56sq.ft. hot tub; and as depicted on the survey prepared by Peconic Surveyors,.P.C., last dated December 12, 2019, and stamped approved on September 16, 2020. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) Fees: $50.00 RECEIVED V my you244) SEP 3 0 2020 Glenn Goldsmith, Zoning Board Of Appeals President, Board of Trustees GG/dd J Glenn Goldsmith,President �q so Town Hall Annex Michael J.Domino,Vice-President ®� ®S 54375 Route 25 ® P.O.Box 1179 John M.Bredemeyer III 3 Southold,New York 11971 A. Nicholas Krupski AhcTelephone (631) 765-1892 Greg Williams �° �® Fax(631) 765-6641 ROAD OF TOS TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT COASTAL EROSION PERMIT#96960 RECEIVED ApplicanVAgent: Michael Kimack SEP 3 0 2020 Permittee: Phillip Lim SCTM#: 1000-50-1-1 Zoning Board Of Appeals Project Location: 2070 Byatt Road, Southold Date of Resolution/Issuance: September 16, 2020 Date of Expiration: September 16, 2022 Reviewed by: Bard of Trustees DESCRIPTION OF ACTIVITY: For the as-built 670sq.ft. swimming pool with surrounding 834sq.ft deck, and as-built 56sq.ft. hot tub; and as depicted on the survey prepared by Peconic Surveyors, P.C., last dated December 12, 2019, and stamped approved on September 16, 2020. INSPECTMNS: Final Inspection SPECIAL CONDITIONS: None In accordance with Chapter 111-15 Erosion Protection Structures: N/A A maintenance agreement is attached hereto and is a necessary special condition of this permit. By. Glenn Goldsmkfi, President Board of Trustees STEES sou H TRU Va ' � . / a . IssuedTo'�" ®ate Address-. THIS NOTICE MUST ZE DISPLAYED DURING CONSTRUCTIO Lo TOWN TRUSTEES OFFICE,TOWN:.OF SOU'THOLD rl"k m SOUTHOLD,"..N.Y. 11971 CDC TEL.: "_765-1892' N Glenn Goldsmith,President s®(/�y Town Hall Annex Michael J.Domino,Vice-President ,`O� ��� 54375 Route 25 P.O.Box 1179 John M.Bredemeyer III J�[ Southold,New York 11971 A.Nicholas Krupski G Telephone(631) 765-1892 Greg Williams 0 Fax(631) 765-6641 �yCOUM`1,� =Board BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD OF TRUSTEES Zoning YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE ACTIVITIES CHECKED-OFF 'BELOW - ---- --------- ----- ---- --- - --- - ------- - -------- ------------------- --------- ------ -- --- - ------ -- -------- - -- ---------------- --- INSPECTION SCHEDULE Pre-construction,Ny baleline%silt-bdom/silt curtain 1St day of construction % constructed When project complete, call for compliance inspection; CsR V SURVEY rT� TT . �7 Y OF PROPERTY AT HORTOITS POINT a as �aNK RECEIVED I TO II N OF e�O4,>9 l HOLD � per. D EC 2 3 2019 7 BOTTOMBANK --- SUFFOLK COUNTY, N. Y. x`_14 aa' SEP 3 0 2020 A-A i 1000-50-01®01 830MSCALE: 1'4®� Ms TM of eA kning Board Of Appeals aag" O MARCH 14, 2006 JUNE 11, 2008 (UPDA 7E & TOPO) BOTTOM of eaBANK6i*// N ® MARY �UTZ �J�O�F REC(;j' N�D��PWM AFWA AUGUST 3, 2017 (DECK DIMENSIONS) Bo EL-16' / � DECEMBER 12, 2019 (GRADES) i 15' (DWELLING) AND DIANE JUDGE j MSM B-B NMWELL & CP LOC. UNKNOWN J HOUSE HOUSE Z i W j (DWELLING) ' w 564'50'00"E507 ti o 26' WELL LOC. UNKNOWN lb Q- / �� y �� d/ I -- DR/IgWAY I i\ "� tea, / f.o's / / _ - REBAR w U71L17Y 33 �� N9RE FENCE / / 1 , \ SET c�z POLE ticI 18.0' 3p�` / / 1 � �\ \1 \I 1 \�` o 1to /»8'/ / I I 1 e 1 ► 1 I 1 / \ �i w 1 I I 4t.s' 1 1 s2a7 1 7.5 o '� La o I'm oM 1 r / 1 1 v T \ \ ST W ao 1 STI! m I 1 i-X—X� 1 1 1 W 1 \ \ o, yr �ONC. e� 1 f / 1 FR HSE.` a 16.4' P �� \\\\\\\\\ �Ti7P Or= \ ` I UTILITY ��� )• CONCRETE O g j 1 I N I / 1 \\\�\ 'BANK I 1, \ I I 1 Q z / W % %' 11 i j I 1 j 1 I Pa PIER ` - 2�_J N 1 � I � � � 1 �� / / / / \ \ w � / mow / ! I I ✓,— o,., W � I o 19.6' v o / / 1 �qy N GAR. FIR, I I 1 CONCRETE GAIL? � EL 50.5'_ �� DECK I 1 ' 0 1 I I 1 /i/i \atm /1 /' / /� 42- m / i/�� 322' 1 1 1 1 1 ��///i/�- 8'IV / / 61NRE it_ -X TX_��� car y'� � -lie 0-2 5156.01 .�� �� 1 `6 1 N I PATIQ / I I % / %/ / 1 _ FE WIRE FENCE � I � 4. / / / / / / 1 / i � 27'N STONE � 20'S \a / / RET. WALL Ld o N64'50'00"W (ACUTAL) ,�k 516034 N64-40'W (DEED) ' N10/F HILJA de,REIN NARMA I im familiar with the STANDARDS FOR APPROVAL (DWELLING) APPROVED BY CONSTRUCTION OF SUBSURFACE SEWAGE z DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES ; BOAR® OF I RUSTEE$ or d will abide by the conditions set forth therein and on the _ � t permit to construct. 1 ® '®� �����®�® ,��"`" EL EVA TIONS REFERENCED TO N.G. V:D DATE ^ q� ,%l.p ew UP 2OZO If e location of wells and cesspools shown hereon are p from field observations and or from data obtained from others. : , ANY ALTERATION OR ADD1710N TO THIS SURVEY IS A IflocanoN LOT COVERAGE (TO MEAN HIGH WATER) �" 1 OF SECTION 7209 OF THE NEW YORK STATE EDUCA7701V LAW. 4,573 S.F. (HOUSE, GARAGE; POOL) / 50,986 S.F. x 190=912Z EXCEPT AS PER SEC710N 7209—SUBDIWS/ON 2. ALL CER77RCA77ONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF LOT COVERAGE (TQ COASTAL EROSION HAZARD LINE) SAID MAP OR COPIES BEAR 774E IMPRESSED SEAL OF THE SURVEYOR PECO C URVEYORS, FW WHOSE SIGNATURE APPEARS HEREON. 2,715 S.F. (HOUSE,! GARAGE) / 32,381 S.F x 100=8.4% (631) 765-5020 FAX (631) 765-1 AREA=50, : P.O. BOX 909 �8� SQ. �� ■=MONUMENT HAZARD AREA MAP PHOTO CIN0056-570-8J.ESlON 1230 TRAVELER STREET TO TIE LINE A=STAKESOUTHOLD, N.Y. 11971 1 (_�p i naUFICE LOCATION: ®���� SoUjyol MAILING ADDRESS: Town Hall Annex Q P.O. Box 1179 . HICF 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY 11971 G • �Q Telephone: 631765-1938 101 a3 f X LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM ! RECEIVED 7 L40. u To: Leslie Weisman, Chair OCT23 �020 Members of the Zoning Board of Appeals L2: ,, � ig Board Ci/aE�pc X15 i From: Mark Terry,AICP Assistant Town Planting Director LWRP Coordinator Date October 22, 2020 Amended Re: LWRP Coastal Consistency Review for ZBA File Ref PHILLIP LIM#7402 SCTM 1000-50-1-1. PHILLIP LIM #7402 - Request for Variances from Article III, Section 280-15; Article IV, Section 280-18; and the Building Inspector's February 7, 2020 Notice of Disapproval based on an application for a permit to legalize an "as built" reconstruction of an existing accessory deck and an "as built" deck addition attached to an existing single family dwelling; at 1) accessory deck is less than the code required minimum side yard setback of 15 feet; 2) deck addition is less than the code required minimum side yard setback of 15 feet; located at: 2070 Hyatt Road (Adj.to Long Island Sound), Southold,NY. SCTM No. 1000-50-1-1. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold; Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the. records available to me,the proposal is recommended as INCONSISTENT with the below LWRP policies. The Board of Trustees issued a Coastal Erosion Management Permit 9696C in December of 2019 that conditions compliance with § 111-15.Erosion protection structures. I believe the condition is a mistake as the structures are not erosion control structures. 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. If approved,the as-built, accessory deck could set a precedent and reinforce a traditional land use pattern of the Town of Southold in conflict with the purpose of zoning regulations and the purpose of the Coastal Erosion Hazard Area(CEHA). The as-built construction without Board oversight and zoning compliance in a vulnerable area is unsupported. The proposed action does not enhance community character,nor does it minimize the adverse effect of development on the environment and protective natural feature. Therefore,this policy is not met: ,;�,.,.aa,°"0=$'°-'�� °ro `�:r�,�4< �• � s spa, �;�' r� a „� � x ; w$,�P,�^�e) .b*: �.;> '";. ''"•>a�:«:off .. .'">'�:\S.`> ' t:fY"���s'`°<.�°' ,.�.,��e"P �g"r�, � ��/ 4�"°�,",.:n �p c t.., •J I� ..1�,{,� oaf->, ,z:x,i•.,�� ���q\ v` ' ; � �2 * , «t "', i°tih.. ..fin bf�•"�°`" 2 4 r 'y>sa,�ig ,. ? 1` ay '•} .iia +. ^i r'F .i• � -aa °�> s '�^y�,$s VY�•y�3.� t y., \ '• ;;, t s;:s �My r��,r;:�� ,e.;, y.r�a.�;`y�y' FS;�i- •<_0 W R'l' " a.�iS.��'r�". "•'.>«�:x>>y�•�� -moi .� �'�1�� �s. b ' �l�-.�,x1 "'`a..1'• .I.# ,E�m q: ,,at.�",ii»"a�� 3, a �:. `"�:.>- ' ,^,y�` FX fir` ..4,a's'� ° �4'v,�-.§ � � �' y. .a� •r a. 5�,�>; Figure 1. Subject parcel (center). It is recommended that the Board address the leaching pool located on the Coastal Erosion Hazard Line. The deck addition attached to the existing single-family dwelling is recommended as EXEMPT from LWRP Coastal Consistency Review. Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy,Town Attorney ,� =�iGflvhc s FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED SOUTHOLD,N.Y. !�4-0 NOTICE OF DISAPPROVAL. 2020 DATE: Februa t2a2'dl Of Appeals TO: Michael Kimack(Lim) L- PO Box 49 Southold,NY 11971 Please take notice that your application dated February 3, 2020 For a permit to legalize an"as built"reconstruction of an existing accessory deck and an"as built deck addition to an existing single family dwelling at Location of property 2070 Hyatt Road, Southold,NY County Tax Map No. 1000- Section 50 Block 1 Lot 1 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article IV, Section 280-15 states that, on lots measuring between 40,000 and 59,999 square feet in total size,the minimum required setback(is 15 feet. The"as built"construction notes a setback of 6.8 feet. Furthermore the"as built"deck addition to the single family dwellingis s not permitted pursuant to Article IV Section 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 R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule with the same force and effect as if such regulations were set forth herein full." Bulk Scheduled requires a single side yard setback of 15 feet. Th as built' co •uctiornotes a set ack of 9.2 feet. I Authorized ignature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. Fee:$ Filed By: Assignment No R`ECCE/IVEED /'T t/� APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEA s FEB 19 mo AREA VARIANCE Zoning Board Of Appeals House No.2670 Street / VW77' ZOAA Hamlet 5'0677-1 9Z� SCTM 1000 Section -4-0 Block ® Lot(s) / Lot Size 9,- Zone ! I�y 'E)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Owner(s): Ag1441P L1 H Mailing Address: 19 6Rz�A oxen 41?;, AY, IVAI 10013 Telephone:,-W952,?-o'OO2,OFax: Email:pf�reL�P�,3f P,y/(.C��LL�y ('O n 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: R1C'1-1W,66, Aki,6MCk for(Owner( )Other: Address: lQV � / Y l�9 f � / Telephone:06 6,0(%WFax: Email:/l'V/LMf/ 2 19 WUL&W, V47- Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED FOR: Building Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: I V Section: 28D Subsection: Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal ( ) has, N has not been made at any time with respect to this property,UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# RECEIVED ��� REASONS FOR APPEAL (Please be specific, additional sheets maybe used with prepaLr'sFEB 19 2020signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detrim �ard Of P,ppealsproperties if granted,because: c ' - p �L � ��(/� GIJ�d �L T/ S /SSUE� A C oL'o dot/ S��a�919 ��E �4YTi�C//,E,OJ' � ?o°�- �/ �/C/A N�YG,s/BGk' v°� p�CIC J'U,C',QOGq✓D f/A�D�f�t'� RAl Eri D ® �'rV � lV y�l" To 4AIY �oR 3o S�E�R�' 17`/ /To L//�p 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: P7,0CE ���UJLT PODL�Na�'P7�,��p��� J'PWUC7V$?5 c1vllwar.&jc' kgL oeww oUr-ar PlY�.57,P4 YxBo A -e-A C1G GU!77V oar CO11 rLrc ,PE?Q /� uMrLLy .9J'2Bl, s �'!'/�� Y�,c�D a�Pl� tU.�s� cr �'2/o.P pU���ivp�vG G a-4 � c0 J' UcTyd�!/Ar /1y1Z5ZR'6Z#111" lov/ P ,(��i y0i/�D 3."PITe amoun o re ief requested is not substantial because:PrA1ROIi11- C�NNo�',d�E w 11N1,/G. tg o'—'—I" la.4: p�yE pyo/ i2rY OR � �!D/Y �Ss�o /A/lZUJ7o/y f/QarEv�4PS. !Xv!/S/oN. o�C opo $ 'AWNG/iViCE Fd � //JG !rs OC oN�,oOwvlldtl-M Ar AeQe an �l� eerseffect ArV�n07tiFXdH,N,01eWW0andit ®UO 4/,&/ . neighborhood or district because: 7y� �6p�/ O�- 1101. 0je/J7-�IA/ AZA AOR 70 Y"A9.1 V 4N,0 PA6S' NOP" 4PV.EjtyXL/Y /h/'4C ,PW,9 9 ESV V,14&V"A,�iVT D' pAW1 QqZ eoNDll-10Wr L 0 CATS A.,- pfge rW CC 4 $AAW ATP "P01F-s/4 L oW r/U'/B/UrY�,eO�/W TD 9;'��1606oj'#dpVP 7WES/9� WPmieCr MAS/UO Co CAMP /N f1.vA��S%��� C N���s� 5.Has the alleged difficulty been self-created? } Yes,or { }No why: Are there any Covenants or Restrictions concerning this land? X No { }Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) S o before me this I tday of f VXa 20 L Notary Public CONNIE Notary Public,State of New York No.01SU6185050 Qualified in Suffolk County Commission Expires April 14,2_4�jjo APPLICANT'S PROJECT DESCRIPTION APPLICANT: e1 CM44Z_ A AC1MA Com— DATE PREPARED: th o&DZ D 1.For Demolition of Existing Building Areas 4Boa D Please describe areas being removed: p� 020 II.New Construction Areas(New Dwelling or New Additions/Extensions): Zoning �;ppeals Dimensions of first floor extension: A64 Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 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: $, gIp Square footage of your lot: Percentage of coverage of your lot by uilding area: A V.Purpose o bstruction: Zn 4I5G.QL>Z:�5 .4r.Bl1,YXPGGL Z6-7 DS7 . 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): �P /S Q i5 W S- 0 ARMC 1L 6�S A° RO)e /Q 90 A900 11YA77'Z. TO TD1 OP AN4L. ZY25 XAWW,9Ar A .rL ojr 4,00m ox• 4S 50-1:0 Z'x6ey Am r r-a Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 } QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION L`':7-4 i NO A. Is the subject ises listed on the real estate market for sale? FEB 19 2020 Yes �111�9 hoard Of/-appeals B. re there any proposals to change or alter land contours? - Ve-No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? 2.) Are those areas shown on the survey submitted with this application? y 3.) Is the property bulk headed between the wetlands area and the upland building area? 0 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? 1,j!55 confirm status of your inquiry or application with the Trustees:,¢P zJr /TlFd 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? //0 E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?_Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? A10 If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. 1',556 FO&OWIM6 H. Do you or any co-owner also own other land adjoining or close to this parcel? A/o If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel,��_r119"71.41 , -IN(,L,t' F,4 W11— V✓�b O OAZ46E and the proposed use RM-1, cA17lJ4 /LS/ 61484 G,�5 (ex: existing single family,proposed: same with garage, pool or other) Authorized signature and Date RECEIVED AGRICULTURAL DATA STATEMENT FEB 19 ZONING BOARD OF APPEALS `Q2� TOWN OF SOUTHOLD Lon,ng Board OF Appeals I WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: y/LL/p 2. Address of Applicant: ���(/,� lo 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: Ljc'&//L�T� 6. Location of Property: (road and Tax map number) Z070 hYA>'/" ,e.y, r0 4n6QW N y 119 7/ 7. Is the parcel within 500 feet of a farm operat�io ? { } Yes {�lo � 8. Is this parcel actively farmed? { } Yes {�l o 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) ma �—, / /6 / ZOZ Signature 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. R ECEIVED 617.20 YcA Appendix B 9 2020 Short Environmental Assessment Form Zoning Board 0 �,ppeo!s Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on infonnation currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Z A225&CEProject Location(describe,and attach a location map): 20-70 MV477' ROAA90 5'0 0 DN.Y. // 7/ Brief Description of Proposed Action: �O L.crG.4L/2� 4-r ffzll4r raot t6 70 31 C?.?4-577)' ANw �o�- 7V,s IY6 s�� Amo sIpZ Y-4RV Pic% l7s-sf� Name of Applicant or Sponsor: Telephone.;C,-/4 6r907 L' C E-1V[ k (e Z / G►il/.�/ Address: A City/PO: State: Zip Code: ELI ?H 64)1 !/ 7 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: B /77 3.a.Total acreage of the site of the proposed action? 417 acres b.Total acreage to be physically disturbed? 0.04 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑ Commercial XResidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 RECEIVED -7got 5. Is the proposed action, FEB 19 2020 I NO YES N/A a.A permitted use under the zoning regulations? y b. Consistent with the adopted comprehensive plan? 1 Zoning Board O.Appea!s 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: `� 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? y c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 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 technol ssn x 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: MIA 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: AIi A x 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 square feet or acres: 14. ntify the typical habitat types that occur on,or are likely to be found on the project site Check all that apply- Id Shoreline ❑ Forest ❑Agricultural/grasslands ❑ Early mid-successional ❑ Wetland ❑Urban Suburban 15 Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 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: ❑NO ❑ YES Page 2 of 4 18.Does the proposed action include construction or other activities that result inIU&iNif o6dment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? I —7 A If Yes,explain purpose and size: -FEB 19 20200 X " e 19. Has the site of the proposed action or an adjoining property been t e�1�C3aiibnto� n�ac iwe`��f clz�s d 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 ?//&I / Applicant/sponsor name: �' L ? Date: ��D/Z OZ d Signature: Aw ae 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 FCFT1fF • '�]��o� No,or Moderate O` small to large FEB 19 2020 impact impact may may occur occur 1 — •�: r'v�..i a �i t,+Jt�Cdly � 10. Will the proposed action result in an increase in th2-potential-for-erosion;-flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 RECENED LZoning 1 9 20APPLICANT/OWNER 'rRANSAC`riONALDISCLOSUREFORMrci of P,pPea!s . The'fown ofSouthold's Code of Ethics prohibits conflicts of interest on the part ol'town officers and employees.'I'hepurpose of this form is to provide information which cern alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : I/M &//Ll/P '(Lust name,first name,middle initial,unless you.are applying ht the name of someone eke or other entity,such as a company.fl'so,indicate the other person's or compam's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance _ Building Permit_ Variance _ Truss-ee Permit Change of Zone _ Coastal Erosion _ Approval of Plat Mooring Other(activity) Planning _ Do you personally(or through your company,spouse,sibling. parent,or child)have a relationship with any officer- or employee of the Town of Southold? "Relationship"includes by blood, marriagf•,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 i own officer or employee owns more than 5% of the shares. YES _ NO If you answered "YES",complete the balance of this forst anti date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or'employee. Either check the appropriate line A)through D)and/or describe in the spate provided. 7'the tots it officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) :A)the owner ot'greater that 51%of the shares of the corporate stock of the applicant(when the applicant is a corporation) 13)the legal or beneficial owner of any interest in a non-corpol ate entity(when the applicant is nota corporation) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of_f�g, ,20_ei9 Signature 40A_����� Print Name F_ RECEI11Fp FEB 19 2020 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM Coning Board Of F,ppea'.s j The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: 1110Hyi ck A-110Y)W4 4 (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO K If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this�L day of 20,?Q_ Signature Print Name RECEDVED Town of Southold -7 ";� LWRP CONSISTENCY ASSESSMENT FORM FEB 19 2020 A. INSTRUCTIONS Zo�Board O`Appea!s 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 malting 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#—�� The Application has been submitted to (check appropriate response): Town Board 11 Planning Dept. 0 Building Dept. 6F!;�Kl Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity, agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent 9f action: TQ � G/�L/ �.S' �U��� FOOL OOL ` 67®s�� Location of action: U9 ?,1— RECEIVED Site acreage: Z- 17 -4 FEB � 9 20?_0 Present land use: AI Q L, Zoning Board Of Appeals Present zoning classification: �?, ���/�j'/ O�J�' �,¢/�'IfL y 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: P, u`'R (b) Mailing address: iU-Y )V-Y. 10 013 (c) Telephone number: Area Code( ) (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. ®Yes ❑ No Q Not Applicable ZV,ee- k/-Bn/� PBUL sM0C4V,&5 &.4kVF tT,eAherI C/4L OS.L 0,4' A CO Ag-A-L LD Ca 770V eY RZQ V1P1 6 94,H/L,RIEW—e- ¢MO b AND W5VAL .4 PP9&QA770 V d,& L. ! s'a U" Z&&ES'/,U,e X-4,ee 65CIe /r AlnrAAa. TO POLICY I 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__a NoI✓—'I_Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes 0 No X Not Applicable -LQMV& POO/- s C SLc;4ml -5"4 Z 06V m2r&e Ar U462 FRO X LLAIoE ME S' /1' I FEB 19 2020 Attach additional sheets if necessary I i Zoning Boarc� 0`Appea!s 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 0 Not Applicable E Jq —A&2 ®L AW CIG 17RLAM" oQiQU A107— P A G LI.FF 1N ANY ,7-j5 0A h5^AJF �F S�.�(JCTUee� /S' 4Bo 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 Yes 0 No INK Not Applicable p is cY s Ali2 /501. To AS 0/4775 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 RECEIVED —7 ;� FEB 19 ZUZO I Attach additional sheets if necessaryZoning Board Of Appeals 1, Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ Noe�j Not Applicable POLI Cy 7 A10T_ digeZ. M A-S 1G 7:1�7 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 1:1 No � Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to,-and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III-Policies; Pages 38 through 46 for,evaluation criteria. n ❑ Yep- l No� Not Applicable &&A&K UC9`r/,L��S" V 0 S 10w v L Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III-Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No Not Applicable OGl C L. D S Ln PnrFn i -tutu I I I FE I �7nnina Board W APP--a: 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 JZSJ Not Applicable R13 1 CV 1/ M-0Z:AI I L TQ As 81ZZ67- 7 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 kN Not Applicable ���A�'�4 & So /1,S ON ,�Q/��7"y d� U>>i NI roo ;r' Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No W Not Applicable ?W 1 CY ! No T, A TO s &l ZS7 Created on 512510511:20 AM RECEIVED -7 4�®a FEB 19 2020 Board of Zoning A,peals Application Zon!ng 3oarcl 0(r,r Vf�a!S AUTHORIZATION (Where the Applicant is iot the Owner) 1• Phi _— __�residing at 1'QS,&6nle r A4'e (Print property owner's name) (Mailing,address) _ , AI-Y. 10013_ do hereby authorize -- (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) (Print Owner's Name) FORM NO. 4 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT -74001 Office of the Building Inspector Town Hall FEB 19 2020 Southold, N.Y. Zoning Board Of Appeals PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 30952 Date: 05/31/05 THIS CERTIFIES that the building DWELLING Location of Property 2070 HYATT RD SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 050 Block 0001 Lot 001 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 30952 dated MAY 31, 2005 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY GARAGE* The certificate is issued to BONNIE BAUMAN (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. Auth ed igna re Rev. 1/81 I FORM NO. 4 RECEIVED -7409 FEB 19 zl020 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Zoning Board OF Appeals Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-30951 Date: OS/31/05 THIS CERTIFIES that the building ALTERATION Location of Property: 2070 HYATT RD SOUTHOLD (HOUSE NO, ) (STREET) (HAMLET) County Tax Map No. 473889 Section 50 Block 1 Lot 1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 13, 2005 pursuant to which Building Permit No. 31130-Z dated MAY 13, 2005 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is "AS BUILT" ALTERATION TO A NON-HABITABLE BASEMENT IN AN EXISTING SINGLE FAMILY DWELLING (TO REMAIN NON-HABITABLE) AS APPLIED FOR & AS PER CERTIFICATION OF JOSEPH FISCHETTI, P.E. DATED 5/24/05. The certificate is issued to BONNIE BAUMAN (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 2052891 05/24/05 PLUM13ERS CERTIFICATION DATED 05/07/05 MATTITUCK PLUMB.&HEATING r Au h rize Signature Rev. 1/81 i f FORM NO.4 RECEIVED TOWN OF SOUTHOLD r 74/, BUILDING DEPARTMENT LZoning 1 Office of the Building inspector 2020 Town Hall Southold, N.Y. aroof p,,ppeals Certificate Of Occupancy 86 No. . Z15G42 . . . . . . . Date . . . December . ..'. . . . . . . . . . . . .. 19 . . . THIS CERTIFIES that the building . d . add i t i o n Location of Property 1065 Hyatt Road Southold , N.Y . -- House!1% � Srreec Hamlet County Tax Map No. 1000 Section . .0 5 0 . . . . .Block . . , , 01 Lot 1 Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated May 31 .. . . . . . . . . . . . . . 1,9 q5 pursuant to which Building Permit No. 14 022 Z . dated .June -7 ), , , , , , , , , , , , , , , , , , , 19 85 ,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 . . . . . . . . . Deck addition to existing one family dwelling . The certificate is issued to . . . . , , BONNIE B A U M A N (owner,�la`sare��rXt��t�X X. . . . . . . . . . . . . . . . . . of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . . ;N/A UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . . . N/A. . . , . . . . . . . . . . . . . . . . . . . . . s. . . . . . . . . . . . . . . . . . . . . . Building Inspector Aev.1/81 i FORM NO. 4 OF SOUTHOLD �J7/ BUILDING DEPARTMENT Office of the Building Inspector :FEB 19 L9020 Town Hall Southold, N.Y. Z'0' ,_, 9 Boar` q pr fipp_,a s� CERTIFICATE OF OCCUPANCY No Z19086 Date MAY 30, 1990 7 , THIS CERTIFIES that the building INGROUND POOL AND FENCE Location of Property 1065 HYATT ROAD SOUTHOLD House No. Street Hamlet County Tax Map No. 1000 Section 050 Block 001 Lot 001 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated AUG. 29, 1986 pursuant, to which Building Permit No, 15505Z dated NOV. 18, 1986 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate as issued is INGROUND POOL & FENCE AMENDED TO INCLUDE DECK AND HOT TUB. The certificate is issued to STEVEN & BONNIE BAUMAN (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N129237 MAY 17, 1990 PLUMBERS CERTIFICATION DATED N/A -ICJ Building Insp ctor Rev. 1/81 TOW11 OF SOUTHOLD HOUSING CODE INSPECTION REPORT ----e_ RECENED LOCATION: 2070 HYATT RD SOUTHOLD Qp�� SUBDIVISION: MAP NO.: LOT (S) FEB 19 2020 NAME OF OWNER (S) : BONNIE BAUMAN OCCUPANCY: SINGLE FAMILY DWELLING BONNIE BAUMAN ZoningBoard OF APpeals� ADMITTED BY: BONNIE BAUMAN ACCOMPANIED BY: SAME KEY AVAILABLE: SUFF. CO. TAR MAP NO.: 50.-1-1 SOURCE OF REQUEST: WM. PRICE, OR. ESQ. 3/20/05 DATE: 05/31/0 DWELLING: TYPE OF CONSTRUCTION: WOOD FRAME # STORIES: 1.0 # EXITS: 5 FOUNDATION: CEMENT BLOCK CELLAR: CRAWL SPACE: TOTAL ROOKS: IST FLR.: 5 2ND PLR.: 0 3RD FLR.: 0 BATHROOM(S): 3.0 TOILET ROOM(S) : 0.0 UTILITY ROOM(S): x+ PORCH TYPE: DECK TYPE: WOOD PATIO TYPE: SLATE PATIO BREEZENAY: FIREPLACE: ONE GARAGE: DOMESTIC HOTWAATER: YES TYPE HEATER: ELECTRIC AIRCONDITIONING: TYPE BEAT: OIL WARM AIR: XX HOTWATER: OTHER: LOWER LEVEL 3 NON-HABITABLE ROOMS-*-WASHER & DRYER ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST.: WOOD FRAME STORAGE, TYPE CONST.: SWIMMING POOL: YES GUEST, TYPE CONST.: OTHER- VIOLATIONS: CHAPTER 45 N.Y. STATE UIJIFORM FIRE PREVENTION & BUILDING CODE LOCATION I DESCRIPTIOII I ART. I SEC. I I I I I � 1 I I I I I I i I f I I I 1 I I I I I I I f I I I I I I I I I I I I I 1 I I I I I I REMARKS: BP#15505Z-COAZ19086(ISP,DECK&HOTTUB)BP#14022ZCOZ15442{DECK+ BP#631]30-Z-G0Z-30951-(ALT NONim ABLE BASIIm) INSPECTED BY: DATE ON INSPECTION: 04/26/05 GARY// ARY IS TIME START: 9:45 hM HND: 10:15 kM e' s (1)Lim Rasidence Taken Dec.17,2019 O Looking NW FEBzon19 22.0 t c,jard Of, �„ L it, , t (2)Lim Residence Taken Dec.17,2019 Looking WNW ~ RECEIVED S•L-, TfOA FEB 19 2020t' ` Za in r - y • >:( S r w y : MIT 12 - 17 - 2019 23 .' 19 (3)Lim Residence Taken Dec.17,2019 Looking NNE "a y, 4i mb° (($)Lim Residence Taken Dec.17 2019 Looking NNW �C. FEB 19 2020 I ` Taken Dee.Residence Lim 2019 Looking SSW l } "d'' j r fir' ! f1 yi. •+, � �.,� airy- o,r A�iyr 4 t � i ! ;�a � l J ✓ w F l� a f6)Lim Residence �. Taken Dec.17,2019 Looking West 0 ". � �-• � � h,Tl. Til .' :t .�hiK ,d `� •� E �� -71 it- .�, �.: -ter o�;.�� ;,d, � t� y• ,�#' li!. "� �r .��� "�w* * IVA (7)Lim Residence Taken Dec.17,2019 RF�tr ! Looking WNW 1411 -All Of F. +tom f� s f ♦ � ,�,ti "y . (8)Lim Residence Taken Dec.17 2019 Looking NNE u- 4 ,� s � 1 g (9)Lim Residence Taken Dec.17,2019 Looking SE RECEIVED FEB 19 2020 Zon!ngoarci C P,Ypea!s ! FEB 19 2u20 .40 $a e �� a� Ate.• i .� �� Y,"}' G� f` fix' 1 �� �'xa� �w•,,. � iR'�"��r.��,i� is S - (10)Lim Residence Taken lan.15,2020 Looking West w lk 1��j1l,i '46 ' v i t .N' (11)Limi Residence A Taken Jan. 15,2020 Looking SE FEB 9 , I. w P \x TT ^3 i P. r Ij 07 ALI s a 4filL � � y t n t , tC � V LIM RESIDENCE: 1994 Legend Write a description for your map. 2070 Hyatt Rd 3 1 0 �* .1 $,•. E. cs� ..- U G; -I Surrey s 1 LIM RESIDENCE e g n d 2077HyattRd Write a description for your map. ti yF { a. * k 4 a s - 7 q n x � s g r f r r �v s - s• r- ag. 2019 GoogW, a., RECEIVED FEB 19 2020 L Zoning Bo did O*A^ peals A N p i• z-- Y Y J .1" G?i7irE of way • � � YQ Z� ©I= rah tt.�__�,_ _-_ ,_ __( .._ _ 3' � \` u •Ir � I ,��� �•t r 1,4aij ^ ,,.=�,�K„>. - ----- �a4 -smnf I f ILL '�+` '�? Su-'olf4 ':x.�i•.'. :,� ::1,_ ''4,rarer^yrs• � �� !C •Herr lir t �• i, `, � I1 i ✓ �.r � � '�'Jgh'a � -•. vJ�� - S- � R=morturrrotn•t° ------------- FY a iron hiba Y c I Ali pj''� r i f i i rile, I I � � L m 0 0 H / CL I""I J a r.� Y I t ('1'CTS u x � " ��3, z SOON!. , l ME i��i awl • ��ura�eua���� AF FM Im r f - r �+�� �� ,.�_ � �.� R�� �r��►�u�r ter. 4, , • o (DWELLING) S64'50'00"E y�e 507.26' WELL Loc. UNKNOWN ti . � +,d � , I oRir SI i -ih� tid ry0b� i .�K FE j /' kd 4 i �°�N� 1 w IIIR£FENCE / I 1 � / 1 ri � �- � � kr-+� � 'C / + ► , iao � �� i i ► � i 1 i ,� b�ter`\ \\ ♦� i ��1 � \ ' I 1 l / � I � 1 1 + :` / ♦♦ -___ 41.3 1628'/ 0 7.5 f- 1 f/ j 1 1 IN11° � _� 1 \ \ Si ca a I STY. rt / G X� j Ii 11 1 1 1 11 W / 1 \ \ p- n h H /STEPS 16.4' I G} 1 1 1 Ill\\ +� I -1� 11 ��� / i�� / 1 1 11 \♦ 1 1 j yl _ �� \ 1 I I + K t3 0 �., 1 i ��' % I I I 1 ♦1 ► I UnuyY Y N / \\\♦♦ =B70p OF-ANK I \ \ i Q n % i NELL I 1 + 1 P l 1 1 I l / 1 ♦ l ���� / / / / 9.6' X. l j� I i ��� W� / / N EG-, SQ5 aI 1 COMCRM DRIVEWAY ; 1 1 -7 // �� / GAR ' l 1 ♦ l ' i' FFNCE �� � % °° �r 322' --5r 1 8 156.01 b l / // /♦- N -�/ NYRE �X�`---�X -r i FA 710' 1 / i FE WIRE FENCE \ / / / ! ����/ % ap' S� ♦ / ♦ 27W STONE 2.05 RET. wAu 516.34' 4CUTAL) VAEL / I hryry N/011F HILJA� & REIN NARMA c n o 0 FOR APPROVAL (DWEL'ILING) w CF 'ZFWAGE LLI C° IA RESIDENCES w ue m et forth therein and on the E 0 N .D Is shown hereon are m data obtained from others. LOT COVERAGE (TO MEAS HIGH WATER) ►RVEY IS A VIOLATION TE mucanON LAW. 4,57j, S F. (HOUSE, GARAGE, POOL) / 50,986 S.F. x 100=9.090 W 2 ALL cER77RCA77ONS i — OPIES THEREOF ONLY IF LOT COVERAGE (TO COASTAL EROSION HAZARD LINE) PE D SEAL OF THE SURVEYOR 2,715 S.F. (HOUSE, GAR/ GE) / 32 381 S F. x 100=8.•I% o I , (6, P.1 ■=MONUMENT COASTAL EROSION LINE FROM COASTAL EROSION 12 =STAKE HAZARD AREA MAP PHOiTO NO. 56-570-83. Sc MEN MOMMMEMEMOMMIN IN MEN MEMEMMMEMINIMEME U, 'r, IN MENEM M MEMO MENEM Ems mom MEN mom so Immommom MIMMEMIMMENIUMMMEM MEN IMMEMMENESSIMMMEMMI ON wommismom No MENEM moll MON 9 -mmmome MENE .................. ISIS- ~ SUFFot� ELIZABETH A.NEVILLE,MMC hyG,1, Town Hall, 53095 Main Road TOWN CLERK P.O.Box 1179 CA Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p • Fax(631)765-6145 MARRIAGE OFFICER '�� �� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER O,( �a FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: February 24, 2020 RE: Zoning Appeal No. 7402 Transmitted herewith is Zoning Appeals No. 7402 for Phillip Pheng Lim: _ZThe Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire Agricultural Data Statement Short Environmental Assessment Form Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) LWRP Consistency Assessment Form Notice(s) of Disapproval Board of Zoning Appeals Application Authorization Certificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos Correspondence- Copy of Deed(s) Building Permit(s) ,/Property Record Card(s) ,/Survey/Site Plan -ZMaps- qo'i 0 14-i o++ 8— __,,,'Drawings �/Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork- L Town of Southold P O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/24/20 Receipt#: 267458 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7402 $750.00 Total Paid: $750.00 Notes: Payment Type Amount Paid By CK#1281 $750.00 Lim, Phillip Pheng Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Lim, Phillip Pheng 19 Greene St#4R New York, NY 10013 Clerk ID: JENNIFER Internal ID 7402 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE : ZBA# NAME OF APPLICANT . CHECK# AMOUNT TC DATE STAMP 7402 LIM, PHILLIP PHENG 1281 $750.00 RECEIVE® E E B 2 4 2020 Southold Town Clerk TOTAL $750.00 Sent via Inter-Office to Town Clerk by: ES Thank you. ` PH�LLIP.PHIEI�G LIM: 19 GREENE's-T.;.#d4R NEW Y.ORfC, G��- j~` a `Didor of`�b ,�, `p : ;;� 1;6,$'�'° Ns. ANO CHASE u", W JPMorgan Chase Bank.-NA° www.Chase.com - f =h iip x[ rr Fuentes, Kim From: mkimack2@verizon.net Sent: Tuesday, October 13, 2020 6:04 PM To: Terry, Mark Cc: Fuentes, Kim Subject: Phillip Lim: # 7402 Attachments: Scan2.TIF; Scan20001.TIF; Scan200023IF 0 ears o} �� Hi Mark: Just received your LWRP review dated Oct.9, 2020 for Phillip Lim, ZBA file#7402. Policy 1 :The as built pool and deck had received a building permit and C of O dated May 30, 1990. (see attached) which preceded the adoption of the Town's CEHL code in Oct. 1990. Policy 4, 4.1 A:The slope in question does not meet the definition of"bluff'. (see attached portion of survey) We are not before the zoning board for a disapproval under Article IV,section 280-116. (see attached Disapproval letter). Please amend your LWRP Consistency review accordingly. Best Michael A. Kimack,Agent ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i NE4 YORK STATE DEPART--ENT OF LNVIRONMENTAL CONSERVATION Regulatory Affairs Unit Bldg. 40, SANT---Room 219 Stony xrool., N. Y. 11794 (516) 751-7900 ektilVE© IR -AL n12 ta of A aur. 71 �. _ RE:�},� to �at,� L'1 L v�ukc Fd Dear wvl ; A review has been made of your propo., al to: c Location: Ir c , New York Sta a Department of EnvIlronmental Conservation has found the — parcel project to be: ___,Greater than 3001 from inventoried tidal wetlands. _Landward of a substantial man-made structure greater than 100' in length constructed prior to September 20, 1977. Landward of existing 10' contour elevation above mean sea level on a gradual, natural slope. There is to be no construction or disturbance to vegetation or topography within 20' or seaward of existing 10' contour or topographical crest: (as indicated) . 1 Landward of topographical crest of bluff, cliff or dune in excess of 0' in elevation above roan sea :Level. There is to be no construction or disturbance to vegetation or topography within 20' or seaward of existing 10' contour or topographical crest (as indicated) . Therefore, no permit under Article 25 (Tidal Wetlands of the Environmental Conservation Laur) is requited at tF:is came since the current proposal is beyond State mandated jurisdiction pursuant to this act. However, any additional work or modifications to the: project may require a permit. It is your responsibility to notify this office, in writing, if such additional work or modifications are contemplated. Ve:'r;y truly yours, Alternate Regional Permit Administrator 5;?M •51 PH FP.G17: 5313:65951 7!1 TO: '765 1�9% ?AG' "` S oUNG - IUO ' f3l71rf' Is- ash Z - Cas C ao_�-- p j � ( l •�•hurL- o:.lrr;':� ;an `rpgir 7a3iarrr�-f-ior� I & �w�(( r �. ¢ ✓C lel:. 1, RI. r ' � rat- , s ;4-ens-S, Nk caualy D.P.Yr. SacrIe : so'-l„ a.A-ex.S.r a4rrmry.Kaek, f929. � �� BOARD MEMBERS ® Southold Town Hall Leslie Kanes Weisman,Chairperson ®��® SU�e�®� 53095 Main Road•P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CA Office Annex/First Floor, Robert Lehnert,Jr. �. � 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��c®U9Southold,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, NOVEMBER 5, 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 NOVEMBER 5, 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.southoldtownny.gov/agendacenter. Additionally, there will be a link to the Webinar Zoom meeting at http://www.southoldtownny.govicalendar.aspx. If you do not have access to a computer or smartphone, there is an option to listen in via telephone. 10:00 A.M. PHILLIP LIM #7402 - Request for Variances from Article III, Section 280-15; Article IV, Section 280-18; and the Building Inspector's February 7, 2020 Notice of Disapproval based on an application for a permit to legalize an "as built" reconstruction of an existing accessory deck and an "as built" deck addition attached to an existing single family dwelling; at 1) accessory deck is less than the code required minimum side yard setback of 15 feet; 2) deck addition is less than the code required minimum side yard setback of 15 feet; located at: 2070 Hyatt Road, (Adj. to Long Island Sound) Southold, NY. SCTM No. 1000-50-1-1. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809,or by email:kimf@southoldtownny.gov Dated: October 15, 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 6fi «#0002511790 roo 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 . 10/29/2020 Principal Cl'e'rk Sworn to before me this da of r gIE_PAZ Or10W9Li .a Nofaty.Publk,'Stele of NewYorf: *_ — *_= N0.010R6280392 PWW\ f` QuaIM in Suf'oll•County Coromissio6Fat0m0511k0 " TYPESET- Wed Oct 14 12.08.54 EDT 2020 side yard setback of 25 feet,located at:240 TER AND PAUL E.WACHTER#7429— LEGAL NOTICE Wicks Road,New Suffolk,NY.SCTM No (Adjourned from October 1,2020)Request SOUTHOLD TOWN ZONING BOARD 1000-110-8-19. for Variances from Article XXIII, Section OF APPEALS 11:10 A.M.-JANE G.WEILAND#7434 280-124 and the Building Inspector's June 11, THURSDAY, NOVEMBER 5, 2020 at -Request for Variances from Article IV,Sec- 2020,Notice of Disapproval based on an ap- 10:00 AM tion 280-18,Article XXII,Section 280-105A plication for a pernut to demolish an existing PUBLIC HEARINGS and 280-116A(1),and the Budding Inspec- single family dwelling and construct a new This PUBLIC HEARING will be held vir- tor's August 10,2020,Notice of Disapproval single family dwelling,at 1)located less than tually via the Zoom online platform Pursuant based on an application for a permit to con- the code required minimum front yard set.- to et-to Executive Order 202 1 of New York Gov- struct additions and alterations to an existing back of 40 feet;2)located less.than the code ernor Andrew Cuomo in-person access by the single family dwelling and construct a six(6) iequired minimum single side yard setback of public will not be permitted feet high fence,at 1)located less than the code 15 feet, located at. 2295 Bay Shore Road The public will have access to view,listen required minimum side yard setback of 15 (Adj to Pipe's Cove)Greenport,NY.SCTM and make comment during the meeting as it is feet,2) located less than the code required No 1000-534-15 happening via Zoom Webinar.Details about mimmum 100 feet from the top of the bluff;3) The Board of Appeals will hear all persons how to tune in and make comments during the fence is more than the code permitted maxi- or their representatives,desiring to be heard at meeting are on the Town's website agenda for mum four(4)feet in height when located in each hearing,and/or desiring to submit writ- this meeting which may be viewed at,http// the front yard;located at-6485 Nassau Point ten statements before the conclusion of each www southoldtownny..gov/agendacenter Ad- Road, (Adj. to Little Peconic Bay) Cut- hearing Each hearing will not start earlier ditionally, there will be a link to the Zoom chogue,NY.SCTM No. 1000-111-13-11. than designated above Files are available Webinar meeting at http://www. 11:20 A.M.-ALISON M.BYERS#7436 for review on The Town's Weblink/ soudioldtownny gov/calendar aspx -Request for Variances from Article IV,Sec- Laserficheunder Zoning Board of Appeals Contact our office at 631-765-1809 for ad- tion 280-18, Article XXIII, Section 280- (ZBA)-board Actions*ending.Click Link: ditional information 116A(1);and the Building Inspector's June http://24.38.28.228:2040/weblilik/ 10:00 A.M.-PHILLIP LIM#7402-Re- 16,2020 Notice of Disapproval based'on an Browse.aspx?dbid=0 If you have questions, quest for Variances from Article III,Section application for a permit to demolish an exist- please telephone odrofficeat(631)765-1809, 280-15;Article IV,Section 280-18,and the ing single family dwelling and construct a or by email:'kimf@soutlioldlownnygov Building Inspectors February 7,2020 Notice new single family dwelling;at 1)less than the Dated,October 15,2020 of Disapproval based on an application for a code required minimum front yard setback of ZONING BOARD-OF APPEALS permit to legalize an"as built"reconstruction 50 feet,2)located less than the code required LESLIE K A N E S W E I S M A N, of an existing accessory,deck and an"as built" 100 feet from the top of the bluff;located at: CHAIRPERSON deck addition attached to an existing single 10075 Nassau Point Road, (Adj, to Little BY,Kim E.Tuentes family dwelling;at 1)accessory deck is less Peconic Bay) Cutchogue, NY SCTM No 54375 Main Road(Office Location) than the code required minimum side yard 1000-119-1-13 1 53095 Main Road(Mailing/USPS) setback of 15 feet;2)deck addition is less than 1:00 P.M. - ESTEVES HOLDING PO Box 1179 the code required minimum side yard setback CORP.,JERRY CIBULSKI#7437 - Re- Southold,NY 11971-0959 of 15 feet,located at:2070 Hyatt Road(Adj -quest for a Variance from Article III,Section 2511790 to Long Island Sound),Southold,NY.SCTM 280-15 and the Building Inspector's Septem- No 1000-50-1-1 - ber 18,2020 Notice of Disapproval based on 10:10 A.M. - 8100 HORTONS LANE, an application for a permit to construcGa,sin- LLC#7433-Request for a Variance from gle family dwelling,at 1)less than the code Article III,Section 280-13 and the Budding required minimum rear yard setback of 50 Inspector's September 9,2020 Notice of Dis- feet,located at.6505 Horton Lane,Southold, approval based on an application for a NY SCTM No 1000-54-7-17. building permit to demolish an existing single 1:10 P.M. -ELIZABETH MCGRATH family dwelling'and construct a new single #7439-Request for a Variance from Article family dwelling, at; 1) more than the code III,Section 280-15 and the Building Inspec- permitted maximum two and one-half(2-1/2) tor's January 21,2020,Amended September stones,located at.8100 Hortons Lane,(Adj 25,2020 Notice of Disapproval based on an to Long Island Sound),Southold,NY.SCTM application for a permit to legalize an "as No. 1000 54-4-31 built"/"under construction" accessory 10:20 A.M. - BARBARA AND BOB building,at 1)'located in other than the code MARTUCCI#7431-Request for a Variance permitted rear yard; located at 1077 New from Article XXIII,Section 280-124 and the Suffolk Road, Cutchogue,NY SCTM No Building Inspector's August 4,2020 Notice 1000-109-7-7.2. of Disapproval based on an application for a 1:20 P.M. - CAMERON DOWE AND permit to legalize an"as built"addition,and MEG STRECKER #7421 - (Adjourned construct new additions and alterations to a 'from October 1,2020)Request fora Variance single family dwelling;at 1)less than the code from Article XXIII,.Section 280-124 and the required minimum rear yard setback of 50 Building Inspector's February 24,2020 No- feet,-located at.360 Goose Creek Lane(Pri- tice of Disapproval based on an application vate Rd. #31), Southold, NY SGTM No, for a permit to legalize an "as buds" deck 1000-77-3-23 addition attachedao an existing single family 10:30 A.M. - IOANNIS JOHN dwelling; at 1) located'less than the code ZOUMAS#7438-Request for a Variance required minimum combined side yard set- from Article XXIII,Section 280-124 and the back of 35 feet;located at:975 Cedar Point Building Inspector's September 14,2020 No- Drive West(Adj. to West Lake), Southold, tice of Disapproval based on an application NY.SCTM No 1000-90-1-5. for a permit to construct a single farmly 1:30 P.M.-AFJG,LLC,ALEXANDER dwelling, at 1) less than the code required JEDYNSKI#7435-Request'for Variances minimum front yard setback of 40 feet, lo- from Article XXIII,Section 280-124 and the cated at:75 Clearview Avenue,Southold,NY Building Inspector's July 17,2020 Notice of SCTM No.1000-70-841. Disapproval based on an application for a 10:40 A.M.-ROBERT AND WENDY permit to construct additions and alterations LEIINERT#7432-Request for Variances to an existing single family dwelling;at 1)less from Article XXIII,Section 280-124 and the than the code required minimum front yard Building Inspector's July 10,2020,Notice of setback of 35 feet; 2) more than the code Disapproval based on an application for a permitted maximum lot coverage of 20%;lo- permit to construct additions and alterations cated at. 350 Windjammer Drive, (aka 90 to an existing single family dwelling, at 1) Windjammer Drive),Southold,NY SCTM located less than the code required minimum No.1000-71-2-20 side yard setback of 10 feet,2)located less 1:40 P.M. - SUSAN COHEN WACH- than the code required minimum combined w BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson SO(/T/yo 53095 Main Road•P.O.Box 1179 �� !Q Southold,NY 11971-0959 Patricia Acampora -° - Office Location: " Eric Dantes G Q Town Annex/First Floor, Robert Lennert,Jr. 0 • �O 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoCOU Southold,NY 11971 , http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 October 1,-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 November 5, 2020 Zoning Board of Appeals Regular Meeting will be held via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comment, 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 October 28,2020. 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-r-eturned-to,our - office by October 26, 2020;verifying that you have properly mailed and posted. 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 October 19,2020. a. Legal Notice informing interested parties of meeting being conducted via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. -� Instructions for ZBA Public Hea....b Page 2 - b. Your 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 kimfnae southoldtownny.goy or elizabeth.sakarellos(a to wn.southold.ny.us c. Instructions fo"r Laserfiche/Weblink to view all pending applications. (Enclosed) 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://24.38.28.228:2040/weblink/O/doc/l022250/Pa eg l.aspx. IMPORTANT INSTRUCTIONS: Scan and email the USPS mailing receipts, green signature cards and affidavits to kimsoutholdtom=.gov, and promptly USPS 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 --- -- --Tcim (�sou�liordtownny-goy --�----- • { s gT1EDLi.'dYzz } "�.r y _ .. V��A :h .— tx. a i.. 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I� f Laserfiche Instructions ZBA Files Page 4 C Cashel ad Above: In addition searching by file no.You can also use the above search tool by typing the name or title of the applicant. Laseffiche-WebUnk �ca7al o --in Home Browse-•S"rclf- I'cuaend a S.—h-µA— =_ Sort results bf Relevance .f,Records Management SearU ' -------- 7016 Fied name Board Action-83 page(s) Gwose feid Page count 83 Template name:Board Actions Page 3.,Colin and Kristen Cashel PROPERTY LOCATION-162 Lower Shingle HIII,Fisher- Page 4 isher_Paged 19.2017 a7016,Cashel SLIM No 1000-9-1-26 minimus approval to Tema. Page S y 19,2017#7016,Cashe(SCrM Na 1000.9-1-26 GRANT,the vadan{es m_ -'Search Page 9.COLIN&KRISTEN CASHEL SECTION 009 BLOC... Page20. Thomas Ahlgren(CashelJ POBw 3d2Flshemis(ancLNY... I: Show more information... "a ®7018 ` Board Actions-56 page(s) Page counC 56 Template name:Board Actions --� Page 48..9,311A.M:COLIN CASHELAND Variances under Article ld,bection ANN_. Page 48 antes)KRISTEN CASHELS7016-Requestpmposed tre0is located In other tha- ______ _ IZ Show more Information_. l Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.4-1. r • Lasertlthe WebUnk �_ 0 1h�Webt n1GI He¢1 NwuC(Sii -r - - - _— ,-Home ^browse_ Search'.-'S�TmmOfSouBlold>Zoniog8oedGfAppea(s QBA)>Mlnufes/AgendasA.egal NoticesMeadngz - - -`- --- Page count Minutes/ endas/Le Name I w i `d s a '4:•a.g, v �. Notices/Hearings i I3 1957-1979 ' R`EntryPrOp¢rt1Ei_^•_ _� -F 1980.1999 `j ( p 200P2009 t Path TownOt5out4oldlZoning Board i �3 2010 ( OtAppealS 2011 IZBAAMmuiei1Agem(asA gal i 2012 - NotkesMeadngs .- � Creation date - ta 2073 7110r20012:5740PM C5 zota ' Last modified �. ( 112015 --- - ------ - -- -- -- ---- 12/162016215'14P61 1 1 __ _ _ _ j U3 2016 1 R Mefadata - 'I i 2017 •• 111 No metadata assigned i Page 1 of 1 11 Entl ------------"___"--_— -... 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Creation date ZBA41/19/2017 Agenda 2 " - - - - - -- - -� - -�- - - --•- -- 12/tfi/20162'15.14 PM ZBA07107/1017 _ __________._____ ____--'-_-___--_-__._.'---_— Last modifiedZHA•02/M/2017Agenda 4 ----- --- - _ -"--- .----- - '{ 61191201745359 PM i ,i ' ZBA•0?/022017 Hearing -- --' — -- ' - 45 'n`•�1Rtdt7at4,^.`.'�M -�'j' . ZBA•02/01/2017 LN 3 ZBA-02116/2017 Agenda 3 r No metadata assigned ! �, MA-02l16/20/75Peda1 -_ 3` .• -^• ttdure&Rewlts ; 17BA-03/02/2077 7 wnCbt.°!UytV':3 ar?itseii ,I c�ZOA-0.3102/2017Agenda 4 I ZBA�3lOd/2017 Heading 65 r• l i [h ZBA-03/07!1017 LN 3 - i, MA-03/162017Agmda 3 Z8403116M175pedal ._ 3 ZBA-040612017 `5__. z•;, Ej ZBA44/062017 Agenda 4 p n• Lf]ZBA-0410612017 Hearing 45 Abave-:-Agendas,-Minutes-and Transcripts-are-in-chronological-or-der-.-- Revised 6/15/2020 NuTIr:. E OF HEARI ,Nu, The following application will be heard by the Southold Town Board of Appeals VIA ZOOM WEBINAR - REFER TO ZBA VEBSITE FOR AGENDA on httDm southoldtownny. cOV FAME : LIM , PHILLIP # 7402 CTM # mE 1000-50- 1 - 1 VARIANCE : YARD SETBACKS F,EQUEST. LEGALIZE "AS BUILT" RECONSTRUCTION OF AN EXISTING ACCESSORY DECK 8 "AS BUILT" DECK ADDITION TO AN EXISITNG SINGLE FAMILY DWELLING DATE : THURSDAY, NOV. 59 2020 10 : 00 AM "ou may review the file(s) on the town 's website under Town Records/Weblink: ZBA[ Board Actions/ Pending . ZBA Office telephone (631 ) 765-1809 BOARD MEMBERS so Southold Town Hall Leslie Kanes Weisman,Chairperson �� 1p 53095 Main Road - P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �p Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �cou ,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1509 -Fax (631)765-9064 MEMORANDUM To: Glenn Goldsmith, President, Board of Town Trustees From: Leslie Weisman, Chairperson, Zoning Board of Appeals Kim E. Fuentes, Board Assistant Date: March 16, 2020 RE: Phillip Lim, 2070 Hyatt Road, Southold SCTM No. 1000-50-1-1 Attached please find is a copy of a ZBA application which results from a Notice of __ _ _ -:__disapproval_that_identifie proposed= construction of-an ``as-built'' deck that--r-equir-es area setback relief from the ZBA. In addition, the applicant will also require relief from the CEHA Board of Review (Town Board) resulting from the improvements located entirely within the Coastal Erosion Hazard Area (CERA). Because of the structure's location, I am requesting that the Board of Trustees proceed with reviewing an application for a wetlands permit prior to scheduling a public hearing before our Board. A letter will be sent to the applicant's representative informing him of our procedure. In addition, the ZBA staff has requested comments from the LWRP Coordinator. Your timely assistance with this matter is greatly appreciated. Thank you. Encls.: Notice of Disapproval dated February 7, 2020 Copy of ZBA Application received February 19, 2020. Survey prepared by John T. Metzger, L.S., last revised January 23, 2020 cc: Mark Terry, LWRP i �QF $Q(/lyO Southold Town Hall BOARD MEMBERS �� l 53095 Main Road •P.O.Box 1179 ~ Leslie Kanes Weisman,Chairperson Southold,NY 11971-0959� � � Office Location: Patricia Acampora Town Annex/First Floor, Eric Dantes � ,tea 54375 Main Road(at Youngs Avenue) Robert Lehnert,Jr. 2941-00u 1, Southold,NY 11971 Nicholas Planamento http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 March 16, 2020 Michael Kimack P.O.Box 1047 Southold,NY 11971 RE: Phillip Lim, #7402 2070 Hyatt Road, Southold SCTM No. 1000-50-1-1 Dear Mr. Kimack; ls We are in receipt of your application requesting Noticethat of Disapproval Board for area arianc�esnn order to t variance relief pursuant to the Building Department legalize an"as built" deck reconstruction surrounding an in-ground swimming pool. ed February According to the survey that you provided, and Coastal1ce ofEros on Hazard Areroval a and seaward7of the0, = --------the-r-econstr-uction_is-to-cated entirely_within the _ Coastal Erosion Hazard line. Based upon the aforementioned documents,the Zoning Board of Appeals Chairperson requests that your client submit an application for a wetlands phatt to s been forwarded to the Town Trustees for Board oeir fTrusteestion, prior to our scheduling a hearing. A memorandum affirming this request. Please do not hesitate to contact this office with any questions or concerns. Sincer y, Kim E. Fuentes Board Assistant cc: William Duffy, Town Attorney Mark Terry, LWRP Coordinator Glenn Goldsmith,Town Trustee I n r TOWN OF SOUTHOLD ?�® ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK AFFIDAVIT 40A � OF In the Matter of the Application of: MAILINGS (Name of Applicant/Owner) azo C& SCTM No. 1000- �� J (Address of Property) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, (A Agent / Cwl- /e/e:eq Ce residing at 1C /DW? ROUW00 /VY Il 9 7/ New York, being duly sworn, deposes and says that: On the day of C1c7-( &E, 24Zd, I personally mailed at the United States Post Office in .EQUT'11042 ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the (X� Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. mazd-rw a` &ffw12 (Signature) Sworn to before me this c� LIAM C.GOGGINS FO.TARY7BLIC,STATE OF NEW YORK Ration No 4963659 Suffolk County 2� mmission Expires March 12, (Notary Pu lic) PLEASE list on the back of this Affidavit or on a sheet of paper,the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. L N,4RH,4 i 41,T 91NNSGoN. �I �a�S u>e q'y�,. l _ 9r ` Cy W/ Y7 Ny `l 97 Ate' b 1'D0 /?o• Bvx �N �� N4`��oN�s z 6,4 7, z �`ON�L �Al- C 2 GG G P 4'V75 V0 ?N oNs�G N a,�ti J`D C�a .4N r,16NY N A Nr-V V/"A:51/✓ �S./ GN D� Z o a y PAl, Y N r TOWN OF SOUTHOLD ZONING BOARD OF APPEALS `� l SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of- POSTING LAM i P� , l p SCTM No. 1000- 6 o— 6` 1 (Name of Applicants) (Section, Block &Lot) COUNTY OF SUFFOLK STATE OF NEW YORK 1, ILIICRA51. .4ILJM,4C/l residing at ? D. t30X Z0!!!17 I��{z} 10L1J ,New York, being duly sworn, depose and say that: I am the ( ) Owner or (4 Agent for owner of the subject property On the day of O C7TD'8ZR , 2020, I personally placed the Town's Official Poster on subject property located at: A 2'070 My-o9;77ZQAPo 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 x"1,1 C),PS! iV 6 V S; ypZ D (Owner/Agent Signature) Swor to before me is ZY Day of �C� , 20Z� WILLIAM C.GOGGINS NOTARY PUBLIC,STATE OF NEW YORK Ota Public Registration No.4963689 (Notary Suffolk County Commission Expires March 12, * near the entrance or driveway entrance of property, as e area most vlsl e to passerby -r Esgimmig. s p m s. e Ne 0 i i�9 FE 1134 � . '� I( � � �"� Certified Mail Fee �� s� It V") $3°5 �1971 N Certified Mail Fee �- $ Oc Lf) c Extra SBNICBS Fees(cheekbox,add fee e rL3te) �� �- $ �°5.1 11971 ❑Return Receipt(hardcopy) $ 1 11 ® Extra Services&Fees(checkbox,add 1 1--3 ❑Return Receipt(electronic) $ $0-00 I 1_1 11 O Postmark r q El Return Receipt(hadcopY) $ ❑Certified Mall Restricted Delivery $ $0. - ��Here O ❑Return Receipt(electronic) $ #ice-I ilk Postmark C3 ❑Adult Signature Required $ ® O []Certified Mall Restricted Delivery $ ,)Here [:]Adult Signature Restricted Delivery$ t3 []Adult Signature Required $ - r. d% h Postage �. ®� .� ❑Adult Signature Restricted Delivery$ �� fU $ $0.55 R}1y, _ ® i(� Postage (� � I rU Total Postage and Fees = iL': -- (ALJ $ $0.55 r $ $b.9•: 4 RJ Total Postage and Fees lto<I_ �� (rV_ rC1Y/[ _���dQ.C_ Sd- --- r Sent To eat d Apt.No.,or PO Box o. ,T tti S/ O Ill_ �.W=A ----24 � ----------- - reef an o.;or PO o. 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Str@e?an of PO Box No. oO --------------^- 1 1 1 I I 111•1IJ 97 --MI I 1 11 111.1 _ Pq U.S. POSTAGE PAID Michael A. Kimack, ESQ. " 1s SOU FCM LETTER 11971THOLD, NY Attorney at Law SEP C DNITEDSTdTEf AMOUNT 0 P.O.Box 1047 POfTdL SERVICES "6■9 5 Southold,N.Y.11971 7 018 2 2 9 2 2 0 01, 4 5 7 4 9 6 7 6 1000 0740s 1— R2304N118466-2 R SUR 51E� vw/v o R� >S K3C-, _QCT. 2 1 nil 69 _m. V ;::�"d.� Y�n tech.- i• Nn MAT i rwFi FF i Art F Ura:BL" E -iii Fi3Ki ARD �3� 189�2431�828 NwiR 3C: 1119171309AI-4713 5 1*14402 {—•1th1S27R—'05 — 0 r{} a'1 .'•=':7'-. 'Fid}? - II III MI till III,III,III-III 7d _f -__� - - 14-r.';\w,a;_� y. —B ��1' D �i d ��,,g.My� •rS -�" —_— � - -`I U.S. POSTAGE PAID Michael A. Klmacli Esq. FOM LETTER �I 11971 OLD, NY ' 11971 Attorney at Law NrTE�STdTEf AMOUNT 0 POSIdL SERVICE6 .Box 1047 Southold,N.Y.11971 1000 $6-.95 7018 2290 0001 4574 9287 11971 R2304N118466-2 Cl��� s W// 14e5, 611V I RETURN TO SENDER { I I ;srer r,>, ru`p nista an; <CZ i SC: 11971093147 164 31 l'l�'!' ' 'lll1 Jill][Jill Jill 111111fill. llllSl '�d,b Ilfi �ll i I BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O���F S�UryOl 53095 Main Road•P.O.Box 1179 ti Q Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 0 • �O� 5437.5 Main Road(at Youngs Avenue) Nicholas Planamento liyCOU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 November 24, 2020 Michael Kimack P.O. Box 1047 Southold,NY 11971 Re: ZBA—Application#7402 Lim, 2070 Hyatt Road, Southold. SCTM No. 1000-50-1-1 Dear Mr. Kimack; Enclosed is a copy of the Zoning Board's November 19, 2020 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Thank you. Sincerely, Kim E. Fuentes Board Assistant Encl. cc: Building Department BOARD MEMBERS _ ��oE S0(/l�o Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road •P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Q Town Annex/First Floor, Robert Lehnert,Jr. �� ,�a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento Iroufm,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS RECEWEu TOWN OF SOUTHOLD f Tel.(631)765-1809•Fax(631)765-9064 1FEB 2 0 2020 11 Southold Town February 20, 2020 L Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 4 , Re: ZBA File Ref.No. # 7402 tA N/l l ph 1 1 Dear Mark: We have received an application to legalize an "as built" reconstruction of an existing accessory deck and an "as built" deck addition to an existing single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: 9. S �� Encls : Survey/Site Plan : John Metzger Dated : January 23, 2020 � BOARD MEMBERS o� �F So�Tyo Southold Town Hall Leslie Kanes Weisman,Chairperson 1p 53095 Main Road •P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �p� Town Annex/First Floor, Robert Lehnert,Jr. ,tea 54375 Main Road(at Youngs Avenue) Nicholas Planamento yIrou ,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD February 20, 2020 Tel.(631)765-1809•Fax(631)765-9064 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #: 7402 Owner/Applicant: LIM, Phillip Action Requested : Legalize "as built" reconstruction of an existing accessory deck and an as built" deck addition to an existing single family dwelling. 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 Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By: <2- Encls. Survey/Site Plan : John Metger Dated : January 23, 2020 BOARD MEMBERS �a�F so yo Southold Town Hall Leslie Kanes Weisman,Chairperson ,`O l0 53095 Main Road •P.O.Box 1179 .�, Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �� Town Annex/first Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �UPIT`I,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD February 20, 2020 Tel.(631)765-1809•Fax(631)765-9064 Suffolk County Soil and Water Conservation District Attn: Corey Humphrey 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA# 7402 LIM, Phillip Dear Sir or Madam: We have received an application for a project adjacent to a waterway, shown on the enclosed site map. The hearing on this application is expected to be held in approximately 3 weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Leslie K. Weisman Chairperson By: Encls., Survey : John Metzger Dated : January 23, 2020 e Ia 50® I� 1 O 5"4- C-1 SOUNo LONG ' B 15q(c) 3 RD EXT.5,w ,p - 9lcJ i v\E� �'•s F $3q 7 / .�0 mm SO O 25 14 73� 8 SAM /¢h SOUTHOLD PARK DIST. /G Q 1 -d 11A 2 'c ,� 4 7pgfcJ 23 8 d e l w . 10 2 2QA - 131 (4. .7 'B / IA' (C) 23AJ�- /�' 8 7 �A14 (C) a 22A 9 7X15 0 11A(C) a +m m� 14 % s 16 30A 9 S�� 9(CJ 134(0) 15 - ., ^ ti '� a 18 81) IIA(c) $ �4A( 1.1q( c) 4 T 1 = ops• ( '` 9,t e $ c) g cc 113886 1uq <u �o 1-2q a2 zro 22.4 7 a'S 21 (C) �a 22.1 yy 1.1A 8 2 W FOR PCL NO. 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