Loading...
HomeMy WebLinkAbout1505 Birdseye Road, LLC i+•t-'�i'P'..:' �` i''•'p;"�. .�:"i�+'i'i',3',: •,','�'i�,- o i'j�- " - , r'`^,;�,.y •+,,•:•i�i��_ r BOARD OF SOUTHOLD TOWN TRUSTEES I f SOUTHOLD, NEW YORK ; • _ PERMIT NO. 9455 . DATE: MAY 15,2019 ISSUED TO: 1505 BIRDSEYE ROAD, LLC PROPERTY ADDRESS: 1505 BIRDSEYE ROAD, ORIENT SCTM# 1000-17-1-4 T AUTHORIZATION ''`''%' t Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in s accordance with the Resolution of the Board of Trustees adopted at the meeting held on MU 15 2019, and in ° consideration of application fee in the sum of$250.00 paid by 1505 Birdseye Road, LLC and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits ref; the following: a Wetland Permit for clearing and grubbing approximately 16,000sq.ft. from westerly property line w.n following top of bluff/bank to easterly property line and setback 100f.; infilling: approximately 1,293 -' yards of the area from proposed landward side of non-turf buffer to 100ft.setback at cellar foundation; ' r ° w proposed I/A system for proposed dwelling; install a 411.wide by approximately 155ft. in length ground T level foot path,commencing from landward edge of proposed non-turf buffer to toe of bluff with IPE wood step edges; create and perpetually maintain a 15ft.wide non-turf buffer commencing at the westerly property line and following the top of bluff as flagged by Inter Science,converging with the top FV g of bank as flagged by John Bredemeyer,Town Trustee and continuing along such top of bank to the �. ry z easterly property line,planted with permissible vegetation; construct a two-level dwelling on a cellar as follows: cellar(garage)2,842sq.ft.,first level enclosed area: 2,826sq.ft.,second level enclosed area: /•�s 2,887sq.ft.,total enclosed areas: 5,713sq.ft., first level deck: 2,655sq.ft.,second level deck:1,756sq.ft.,total y deck areas: 4,411sq.ft., pool: 963sq.ft.,with a total first level footprint of 6,444sq.ft; and as depicted on the site plan prepared by Andrew Pollock Architect,PC,dated April 1,2019,and stamped approved on May 15,2019. IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, ' R and these presents to be subscribed by a majority of the said Board as of the 15`'day of May,2019.ca a {% Ca �, �s ' h 4 e�, .R 1 -- tia /(''��„ef�. �„ssasaacs�aus�rc�wi�:�,s�zo;�s�.za;ss.�r�:tawv,���r�•�;�Ta�a�� .�:w�;�zr•?�:rcursr;��crr •ems! ;aa^mit;.�,t�i�,��,��c�;rt�r.s.�.xttFa��snra,�aaau ...x�ta�; �� �• �, .��. l`�i/ t� �' }�✓n ,��f ���. 1� v \1L�1 �-nf "Sc s 1�i ;6s, .��. �.�:.� � :4i ,den - .� Cantrell, Elizabeth From: mkimack2@verizon.net Sent: Tuesday,April 12, 2022 3:01 PM To: Cantrell, Elizabeth Subject: 1505 Birdseye Road LLC Hi Liz; By this Email, I respectfully withdraw my request for a permit extension As the court has previously issued an order annulling the Trustee permit. 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. 1 Glenn Golc rith, President �OS�FFQ �, Town Hall Annex A Nicholas Krup�Ki Vice-President ��� GyJ, 54375 Route 25 Eric Sepenoski y z P.O. Box 1179 Liz Gillooly Southold, NY 11971 Elizabeth Peeples ®y�o� ®! Telephone (631) 765-1892 1 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: ?5 Y)#Ardf ZozZ Completed in field by: `A- Michael Kimack on behalf of 1505 BIRDSEYE ROAD, LLC requests the Last One (1) Year Extension to Wetland Permit #9455, as issued on May 15, 2019. Located: 1505 Birdseye Road, Orient. SCTM#: 1000-17-1-4 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=� Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet - 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 '- " Ch. 111 SEQRA Type: I II Unlisted Action Type of Application: Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Survey <_ 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: Diel 9'&4A�-' & '6'� I have read & acknowledged the foregoing Trustees comments: Agent/Owner: Present were: E. Peeples L. Gillooly G. Goldsmith N. Krupski E. Sepenoski Other l � Michael A. Kimack ATTORNEY AT LAW P.O. Box 1047 Southold,N.Y.11971 Cell No. 516-658-6807 E-mail: mkimack2verizon.net March 14, 2022 Re: 1505 Birdseye Road LLC SCTM: 1000-17-1-4 Permit No. 9455 To: Board of Southold Town trustees The Board issued permit no. 9455 on may 15, 2019. At the end of Sept. 2019, the adjoining property owners filed an Article 78 against the trustees and the owner contesting the issuance of said permit. The court system process was then delayed by the pandemic and having the case reassigned twice to different judges. On May 20, 2021, the board granted an extension of the permit until may 20, 2022. We have not as yet received a decision from the latest judge. I respectfully request an additional one year extension which I feel is justified under the present circumstances. Sincerely, Michael A. Kimack, Agent E E D VIA 14 2022 SoutholdToWn Board of Trustees y y I il"" Glenn Goldsmith President Town Hall Annex � A.Nicholas Krupski,Vice President 54375 Route 25�, �� 4�� P.O. Box 1179 John M. Bredemeyer III ! �`° Southold, New York 11971 Michael J. Domino �1 �1 Telephone(631) 765-1892 Greg Williams � ,� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 20, 2021 Michael A. Kimack P.O. Box 1047 Southold, NY 11971 RE: 1505 BIRDSEYE ROAD, LLC 1505 BIRDSEYE ROAD, ORIENT SCTM# 1000-17-1-4 Dear Mr. Kimack: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, May 19, 2021: RESOLVED that the Southold Town Board of Trustees grants a One-Year Extension to Wetland Permit#9455, as issued on May 15, 2019. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, r� Aenn Goldsmith President, Board of Trustees GG:dd Glenn Goldsmii° 'resident ��SOEFO(k a ~ , Town Hall Annex A. Nicholas rXiapski, Vice-President ,��� ��; 54375 Route 25 John M. Bredemeyer, III o P.O. Box 1179 Michael J. Domino o Southold, NY 11971 Greg Williams �!� Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: y /Z/ L ICompleted in field by: flte_J60401 Michael Kimack on behalf of 1505 BIRDSEYE ROAD, LLC requests a One (1) Year Extension to Wetland Pemit #9455, as issued on May 15, 2019. Located: 1505 Birdseye Road, Orient. SCTM#: 1000-17-1-4 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=q Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 Ch. 111 SEQRA Type: I II Unlisted Action Type of Application: Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Survey <_ 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: / I have read & acknowledged the foregoing Trustees comments: Agent/Owner: Present were: /J. Bredemeyer M. Domino G. Goldsmith N. Krupski G. Williams Other Cantrell, Elizabeth From: mkimack2@verizon.net Sent: Thursday,April 15, 2021 7:49 AM To: Cantrell, Elizabeth Subject: 1505 Birdseye Road LLC Hi Liz: This is a request to extend Permit No.9455 dated May 15, 2019 issued to 1505 Birdseye Road LLC for an additional year.As you are aware,the neighbors had filed an Article 78 against the Trustees and the permit holder in September of 2019, which has yet to be resolved by the court. Thank you for your consideration in this matter. 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. in I APR 1 5 zo2t �0�'`r'�,Id tcrvn Board or 1;ustaes 1 Michael A. Kimack ATTORNEY AT LAW P.O. Box 1047 Southold,N.Y.11971 __..... ....... Cell No. 516-658-6807 E-mail: mkimack2@verizon.net July 4, 2019 Re: 1505 Birdseye Road, LLC 1505 Birdseye Road, orient Trustee permit No. 9455 To: Board of Southold Town Trustees: Town Building Department In preparation before any clearing may begin on the property, the perimeter of the property needs to be staked out approx.. every 50 ft.to accurately depict the property lines for the limits of clearing and setting the silt fence for construction purposes. Peconic surveyor has informed me the covering vegetation is too thick to gain access and set the stakes without doing some preparatory clearing. We respectfully request the surveyor be permitted to clear an approx..3ft pathway at the property lines and a center pathway for access as shown on the attached plan. The setting of the stakes is essential to keep the clearing within the property limits and the top of the bluff/bank to adhere to both the DEC and Trustee permits for clearing limits If you require further information, let me know at your earliest convenience Sincerely ........... _.. Michael A. Kimack, Agent wU � 8 2019 g � i y I'll N "I'L w, 4" CFI ACCF-$S HAZARD MOW f9PIfQTO ARED & BLI , HAND ACCESS\FROM "bANN� #�ll�b1-03MIGZ�9 C Iwo, NON TURF BUFFYR WITH ER �S ABLE FETATION A APPROVED BY IOW N TRIM.;' M" NIS *� ;`*q (SE 'HART 9L _ + 'no "CowmElfpOlhff ,.�b e, Xt Ull Ep G4VI , ryµ� J , µ �V� ,,,d' � dor ,r " � r r.%j�/,i✓/�/d " �„ irr� w o w Y F r EXISTING r gA� ` TEr �N A ARE NEW ti 1 AiD TO A "oo LARGE I REES, ---- -ti -�� AREA WILL BE REPLANTED LANTED WITH NKME EGETATION, NEW 4' � � DEER FENCE � . NEW TEST HOLE ��EER GRATES NOTE: usE v.�. ��� SF ,1:35aa AC } GEOSCIENCE F nom. za Ana ec��� 1 y 1, 0 5 3 5 7 0 N o eed FroP_M�' 'Betel Z5 Q rn ,Address. .. .e.... . . .�� m..... 0 3 F or W ... I .. .. Dollars u- 2 + o LL 3"p ~ Lo ..... +.s�.._.... _..i.. . Op a6ERto OTQ ¢ V om .. ���. ._ ACCOUNT CASH O By ,. �f 9�1q 054202 WDate _............� _..�..�..�..— W h Received From _. o o T Address_ 6 !� J 3 p.S Z Dollars 0 For �.. .... I .� U. Z 0914 o� r Q PQAQ& ACCOUNT IM 2 $ AMT PAID v M4JPtE'i°CkFkDIEFR By �.........�. ....._.....m.... CGYf,F1IT� 'I9 W EM �f•? 1 054217 Dam . W CO) o Received From _. .. ... M _ Address 3co Z rc T p _. _ fqv �. __._ llars ._....... .._ / OOo LL 3j For...... ` LL Z O 5 CASH .DF AMT.MD C1 lax .._ Lydd _ d�t�VWE'w I �I w ,� " 0542 !n leceiv i rr ,r 11r r cPt a, � 9Pi' " . Og I'- AddresszCC } �- 0a � � 0 0 -o For LL 0E 0 - AWOF " q V,r m AMT PAID JVEY "BY— , J CX;�iEd�rkHat" C7 f Michael J. Domino, President ���opSUFFUIK�0Gy Town Hall Annex John M. Bredemeyer, III, Vice-Presidents 1 54375 Route 25 Glenn Goldsmith q co ,? P.O. Box 1179 A Nicholas Krupski y • ���,r Southold, NY 11971 Greg Williams �l , „ �a� ' Telephone (631) 765-1892 Fax (631) 765-6641 SOUTHOLD TOWN BOARD OF TRUSTEES 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, hay bale line/silt boom/silt curtain 1St day of construction % constructed When project complete, call for compliance inspection; TERMS AND CONDITION The Permittee 1505 Birdseye Road LLC 1505 Birdseye Road Orient New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months,which is considered to be the estimated time required to complete the work involved,but should circumstances warrant,request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved,to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees,the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required, upon due notice,to remove or alter this work project herein stated without expenses to the Town of Southold. 8. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety(90)calendar days of issuance of this permit. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit,which may be subject to revoke upon failure to obtain same. 11. No right to trespass or interfere with riparian rights. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights,title, or interest in real or personal property held or vested in a person not a party to the permit. Michael J.Domino,PresidentV`�O� SQUryO Town Hall Annex John M.Bredemeyer III,Vice-President O 54375 Route 25 P.O.Box 1179 Glenn Goldsmith J Southold,New York 11971 A.Nicholas Krupski G Telephone(631) 765-1892 Greg Williams O Fax(631) 765-6641 Comm BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 15, 2019 Michael A. Kimack P.O. Box 1047 Southold, NY 11971 RE: 1505 BIRDSEYE ROAD, LLC 1505 BIRDSEYE ROAD, ORIENT SCTM# 1000-17-1-4 Dear Mr. Kimack: The Board of Town Trustees took the following action during its Regular meeting held on Wednesday, May 15, 2019 regarding the above matter: WHEREAS, Michael Kimack on behalf of 1505 BIRDSEYE ROAD, LLC applied to the Southold Town Trustees for a permit under the provisions o_ f Chapter 275 of the T Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated April 8, 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 Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on May 15, 2019, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, 2 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 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 1505 BIRDSEYE ROAD, LLC for clearing and grubbing approximately 16,OOOsq.ft. from westerly property line following top of bluff/bank to easterly property line and setback 100ft.; infilling: approximately 1,293 yards of the area from proposed landward side of non-turf buffer to 100ft. setback at cellar foundation; proposed I/A system for proposed dwelling; install a 4ft. wide by approximately 155ft. in length ground level foot path, commencing from landward edge of proposed non-turf buffer to toe of bluff with IPE wood step edges; create and perpetually maintain a 15ft. wide non-turf buffer commencing at the westerly property line and following the top of bluff as flagged by Inter Science, converging with the top of bank as flagged by John Bredemeyer, Town Trustee and continuing along such top of bank to the easterly property line, planted with permissible vegetation; construct a two-level dwelling on a cellar as follows: cellar (garage) 2,842sq.ft., first level enclosed area: 2,826sq.ft., second level enclosed area: 2,887sq.ft., total enclosed areas: 5,713sq.ft., first level deck: 2,655sq.ft., second level deck:1,756sq.ft., total deck areas: 4,411sq.ft., pool: 963sq.ft., with a total first level footprint of 6,444sq.ft; and as depicted on-the site plan prepared by Andrew Pollock Architect, PC, dated April 1, 2019, and stamped approved on May 15, 2019. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) Fees: $50.00 i Very truly yours, Michael J. Domino President, Board of Trustees m mS T SUUTHOL EE,N No. Issued T'o '�� R��,� Dade �'1s'"Q Address THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TO.WN OF SOUTHOLD SOUTHOLD,, N.Y. 11471 TEL.: 765-1892 TwomeMartin D. Finnegan Y [/ Partner SHEA, KELLEY, DUBIN & QUARTARARO, LLP 631.727.2180x265 mfinnegan@suffolklaw.com 33 West Second St P O.Box 9398 May 15, 2019 Riverhead,NY 11901 suffolklatw corn VIA EMAIL AND HAND DELIVERY Town of Southold, Board of Trustees Attn: Michael J. Domino, President 54375 Main Road P.O. Box 1179D E C E 0 V E Southold, NY 11971 Re: Application for Wetland Permit MAY 15 2019 1505 Birdseye Road, LLC Suffolk County Tax Map No. 1000-17-1-4 Southold Town B and of Tr stees Dear Chairperson Domino and Board Members: This office represents John Josephson and Carolina Zapf, owners of the home and properties located at 1515 Birdseye Road, 900 Birdseye Road and 700 Birdseye Road, and identified on the Suffolk County Tax Map as 1000-17-2-1.11, 6.5 and 1.1.4, respectively, which three properties are immediately adjacent to and directly south of the property owned by 1505 Birdseye Road, LLC (the "Applicant"), located at 1505 Birdseye Road (SCTM 1000-17-1-4) (the "Subject Parcel"). Copies of the relevant section of the tax map showing the Applicant's and Josephsons' properties are enclosed. We submit this letter in response and opposition to the Applicant's Wetland application(the "Application"), which seeks to construct, among other things, a house exceeding 6,000 square feet, with decks, terraces and swimming pool totaling over 7,000 square feet, within one hundred(100) feet from the "top of bluff'in violation of Town Code Sections 280-116(A)(2) and 275-3(D), and despite the fact that the Town of Southold Zoning Board of Appeals ("ZBA"), in a decision dated June 25, 2018, denied this Applicant a variance from the same statute. Our Firm's letters to the ZBA dated February 28, 2018, March 28, 2018 and May 2, 2018 are enclosed as exhibits. The Application The Applicant's Application is a repackaging of its application to the ZBA last year, which, after the ZBA requested that the Town Trustees and Town Engineer depict the"accuracy of the top of bank/bluff', determined that the top of the bluff depicted by Robert Grover, Vice- President and Director of Environmental Coastal Sciences at Greenman-Pedersen, Inc. ("GPI") at the ZBA hearing, which runs parallel to the Coastal Erosion Hazard Line for the entire width of the property, was accurate. This Application before the Trustees contains a site plan and survey by a new surveyor that show a top of bluff that ends after approximately one-half the width of the western part of the property, so that the Applicant can attempt to squeeze an oversized house, pool, pool deck and terraces in what the ZBA, Town Engineer, Trustees, and Mr. Grover found was within 100 feet of the top of bluff less than one year ago. CV 15 Town of Southold, Board of Trustees May 15, 2019 MAY 1 5 2019 Page 2 of 5 IL Soutiioid Win Bos d of lru tees The Application also reveals the extensive regrading and other development activities required for this project, which the Coordinator of the Local Waterfront Revitalization Program ("LWRP") and Mr. Grover found will have a substantial impact on the bluff and neighbors' properties. Such substantial activities set forth in this Application include fill of 1,293 cubic yards of material up to six(6) feet in height; utilizing, among other heavy machinery, dump trucks, front end loaders, and bulldozers; excavation of 5,500 cubic feet; and infilling of 53,354 cubic feet. The basis for such substantial regrading and other development, according to the Application, is that the proposed slope is "relatively flat", which determination was resoundingly rejected by the Town Engineer, the Coordinator of LWRP, and Mr. Grover when this Applicant appeared before the ZBA last year. The Application contains other fatal flaws, including a house, roof and terrace within the 100-foot setback of that top of the bluff, barbed wire over a 4' fence in the front yard, and excessively high retaining walls. The Application also reveals that there will be "clearing and grubbing" of approximately 16,000 square feet, spanning the entire width of the property from the westerly property line to the easterly property line, and a 4' x 155' foot path to the "toe of bluff',without any explanation whatsoever as to the substantial impacts such activities will have upon the bluff and neighboring properties. The ZBA Decision After conducting public hearings on March 1, 2018 and May 3, 2018, and after multiple inspections of the Subject Premises and the surrounding neighborhood, which included comments and findings of the LWRP Coordinator, the Southold Town Engineer, the Town Trustees, and Robert Grover, the ZBA issued a unanimous decision denying the Applicant's requested variances, which included a variance to construct a 6,028 square foot single-family dwelling, terrace, pool and pool deck, within the 100 foot setback of the top of the bluff. These findings and holdings of the ZBA, the Trustees, the LWRP Coordinator, and Town Engineer, corroborated by Mr. Grover, dictate that the present Application must be denied. In order to be certain of the precise location of the top of bluff, and to identify the potential impacts of the proposed extensive project, the ZBA, before reaching its decision, relied upon a number of individuals within the Town, other agencies, and Mr. Grover. The LWRP Coordinator, in a memorandum to the ZBA dated February 16, 2018, found, among other things, that"the property contains large areas of slopes equal to or greater than 15%," and that"[t]o protect life and property during storm events and erosion over time, it is recommended to locate structures as far from the Long Island Sound bluff(top of bluff)to the greatest extent practicable." The Town Engineer issued comments that were received by the ZBA on March 7, 2018, which included a copy of the Suffolk County LIDAR Contours, and which revealed that "the top of the bluff had shifted further landward towards the eastern portion of the property than what was noted on the applicant's survey." (ZBA Decision, page 2). i t - Town of Southold, Board of Trustees May 15, 2019 Page 3 of 5 The Trustees reflagged the top of the bluff on March 8, 2018, and, as found by the ZBA, "their flags were consistent with the Suffolk County LIDAR map provided by the Southold Town Engineer, and the `corrected top of bluff line' hand drawn on the applicant's survey that was submitted at the hearing by [Robert Grover] the neighbor's environmental consultant." (ZBA Decision, page 2). The Applicant submitted a revised survey by Peconic Surveyors, P.C., dated April 9, 2018, which showed that the top of bluff line was in fact further landward than what the Applicant's original survey had indicated, and which was the location that Mr. Grover had drawn on the Application's survey and submitted at the hearing. Importantly, in all of these surveys and maps submitted by the Applicant through April 9, 2018,the top of bluff ran parallel to the Coastal Erosion Hazard Line, and extended the entirety of the width of the Applicant's property. The bluff line that Mr. Grover depicted at the ZBA hearing was upheld by the President of the Trustees when he performed a field inspection on April 11, 2018, and in a Memorandum to the ZBA dated April 13, 2018, found, among other things, the need to preserve the vegetation that stabilizes the bluff. A copy of the Applicant's survey submitted to the ZBA dated January 24, 2018 showing the top of bluff extending the entire width of the property, and the Applicant's corrected survey showing the agreed upon location of the top of bluff dated April 9, 2018 which also shows the top of bluff extending the entire width of the property and is further landward, which was confirmed by the Trustees, are attached as exhibits. The ZBA also referred the Applicant's Application to the Suffolk County Soil and Water Conservation District, which, in a letter received by the ZBA on December 8, 2017, explained that the agency had performed their site inspection on December 6, 2017 to evaluate the potential environmental impacts that would be caused by the construction of a new house and accessory structures on the vacant property. Among other findings, this agency expressed serious concerns that the significant land clearing and excavation proposed on the site had the potential for soil erosion, and that the use of large and heavy construction equipment can cause bluff instability. The ZBA, after conducting two public hearings, and after evaluating the testimony of Mr. Grover and the expert relied upon by the Applicant, upheld the determination by Mr. Grover that the top of bluff had in fact moved landward from where the Applicant had first shown on its survey, that the top of bluff in fact spanned the entire width of the Applicant's property roughly parallel to the Coastal Erosion Hazard Line, and that "there exists potential adverse and unrecoverable impacts to the bluff' if the setback relief from the top of the bluff was granted. (ZBA Decision, page 4). The ZBA also found that the site plan submitted by a registered architect, Mark Matthews, AIA, showed that a 12,954 square foot buildable area on the property setback 100 feet from the top of the bluff would conform with the Town Code setbacks and "would permit the Applicant to construct a 6,028 square foot dwelling with a terrace, pool and pool deck"; and that conforming to the Town setback requirements "will preserve the existing vegetation that stabilizes the bluff'. (ZBA Decision, page 4). ` MAY 1 5 2019 Town of Southold, Board of Trustees D CCS � V � May 15, 2019 Page 4 of 5 MAY 1 5 2019 DD Southold Town Robert Grover's Examination and Analysis of Applicant's Applica ion e and of lfustoes As Vice-President and Director of Environmental and Coastal Sciences at GPI, and as an Environmental Scientist specializing in coastal issues for over forty (40) years, Mr. Grover has conducted over three hundred (300) environmental evaluations, including well over fifty (50) on the East End of Long Island. GPI was retained by John Josephson and Carolina Zapf in connection with the Applicant's Application to the ZBA, and he has been retained to review the Applicant's Application to the Trustees. A copy of Mr. Grover's resume is attached to his letter to the Trustees, dated May 15, 2019, in opposition to the Applicant's Application. Mr. Grover's letters to the ZBA are enclosed with this letter as exhibits. In sum, Mr. Grover carefully reviewed the claim by the Applicant that the south facing slope is a"bank" and not a"bluff'as those terms are defined in the Southold Town Code, and he has concluded that such claim is entirely without merit. Using the Applicant's survey submitted to the Trustees dated April 9, 2018, which is the most recent survey the Applicant has submitted to the Town showing elevations, Mr. Grover has determined that the slopes now designated as a "bank" are in fact 22% and 24%, both greater than the 20% criterion specified in the Town Code definition of a"bluff'. Consistently, Mr. Grover also pointed out that the NYSDEC Coastal Erosion Hazard Map clearly shows a continuous, unbroken bluff line across the Applicant's property. Based on Mr. Grover's reevaluation,he has firmly concluded that the top of bluff extends the entire width of the Applicant's property, in the same location that he depicted before the ZBA, which was corroborated last year by the Trustees and Town Engineer, as shown on the Applicant's revised survey submitted to the ZBA dated April 9, 2018, a copy of which is attached to Mr. Grover's letter to the Trustees. Significantly, the Applicant did not challenge any of the findings of the ZBA, including upholding Mr. Grover's depiction of the bluff line, which was corroborated by the Trustess, nor did Applicant challenge the ZBA's decision. Mark Matthews' Undisputed Testimony Mark Matthews, AIA, a licensed architect for over forty years, who has drafted plans for homes located on Long Island waters for over eighty projects, submitted a letter dated February 26, 2018 to the ZBA. In that letter, Mr. Matthews explained that he had prepared a site plan for 1505 Birdseye Road, a copy of which was attached to his letter, which showed that the Applicant has a buildable area in conformance in all respects with the Southold Town Code of 12,954 square feet. As such, the "as of right"buildable area would conform to all of the Town Code's setback requirements, including 100 feet setback from the top of the bluff. Mr. Matthews concluded that, in his professional opinion, the Applicant's buildable area could accommodate an over 6,000 square foot dwelling, terrace,pool and pool deck that would be located 100 feet from the top of the bluff. A copy of Mr. Matthews' letter to the ZBA, dated February 26, 2018, together with his site plan dated February 23, 2018, are enclosed as exhibits. Town of Southold, Board of Trustees May 15, 2019 Page 5 of 5 Conclusion In short, our clients do not object to the Applicant building a house and accessory structures that conform to the Southold Town Code. They do object, however, to the Applicant's Application which does not conform to the Town Code in several respects, including the 100- foot setback requirement from the top of bluff in violation of Town Code Sections 280- 116(A)(2) and 275-3(D). Since it is undisputed and has been held by the ZBA that the Applicant can locate a house and accessory structure in a conforming location on the Subject Premises, without the need for any setback relief from any of the Town boards, the Applicant should be required to comply with the Town Code. In this regard, the "bluff'and "bank" are indisputably environmental features that should be protected, especially where there is no prejudice to the Applicant. By doing so, the Applicant would unquestionably preserve the vegetation that stabilizes the bluff, and its very substantial construction project would be far less likely to cause damage to the bluff, the bank and the Applicant's neighboring properties. Based on the forgoing, it is respectfully requested that the Applicant's Application be denied. Please file this letter and its attachments and exhibits in the record of this matter. Thank you. Res zetftri miffed, Martin D. egan cc: William Duffy, Esq., Town Attorney Damon Hagen, Esq., Assistant Town Attorney Michael Kimack, Esq. D � ` `E ( MAY 1 5 2019 Southold Town Board of Trustees S.C.T.M.# DISTRICT 1000 SECTION 17 BLOCK 1 LOT 4 #R 10-13—0062 O AREA DEFINED AS BANK ° HEIGHT EQUAL TO OR LESS THAN 20' AND/OR A SLOPE LESS THAN 2090 TOE OF BANK / �\ Gj ,��F' ode 1.O���e xx ..'.'.•.•:•:•:':•:•.•.•.'.'.'. X NYSDEC COASTAL EROSION HAZARD LINE: SHEET 18 \�� x X 2 : : :':• • ' ' •:•:•:':•:•:• •:':': : : : 1 PHOTO 47-651-83 AUG.29, 1988 e X X p # O / X x x O x xx x / JFF xx xX�X .. .'16. . . . . . .. .'.'. . .'.'. . . . 72 FIRM ZONE BOUNDARY X00 1.-, F `' : : : : : : °:. . X y X X X x ! x x x x y XX xX�/ XxX x `~`�� .:. • . . '.:.:.:.;.'.'.'.'. . . .'. . . X x x t AREA DEFINED AS BLUFF x xX X XX Xr . . . . . .•'•. HEIGHT GREATER THEN 20' X X X : . . .. . .<?2 : . ... . . : : : : : :'.. .. . . . . . . . . . ' : 76 WITH A SLOPE GREATER THAN 2090 X x x x xx XXx xXx x . . TOP OF BANK AS FLAGGED Xx x xx x XX X Xx Xx x : : . . ' :' . . . . . .'. ... . . . .'.'.'. : : : :' : :':'.' BY JOHN BREDEMEYER, TOWN TRUSTEE. X x X x x : :':'. .'.'. . . : : : X^ x x x x x x c �6,' 18 X x x x x r ' / x x x x x X x x z x x x x x x x X x x x x x x x x X x x x x x x x N �J X X x X x !/ / x z z x x x 3� O X X X X X X X X XX XX CONVERGEN F BL UFF/BANK X x X X x x x x X x 32 LANDWARD JURIS TION AT AVER GE X x x X x FROM CONVERGENCE DINT LOCA X X X � X TJ j r1 � X x x x x x x X x z x x x x xxXxxxxxX �} � YAj OJ �I! x x XX xx (p� XX XX XXx EXISTING CREST OF BLUFF ^�v� xXX XXX FLAGS ADDED BY INTER SCIENCE ON 09/23/14, `,X,Xx X Q �� EXTENDING THE BLUFF CREST TO EASTERN LOT LINE. �,' 't° tk 02 N�00 s , 2 —O 0° Q Q 15' 10, FR.HSE co" � cy 5 0 N �+ O CV r �2 50 �ROa ,6 C/) Q0p�0 0 18 'o 20 26, Qp\� '� �G\-\ 110\ ' S I O IF�P�� MEETS CRITERIA OF CHAPTER 275-2 BLUFF O' � BY MICHAEL DOMINO, BOARD OF TRUSTEES Gy PRESDIENT OX\ 'O' ; :? APR 1 9 2019 < BASED ON LAND SURVEY PREPARED BY TEST HOLE DATA 3 3 PECONIC LAND SURVEYORS MCDONALD GEOSCIENCE LAST REVISED APRIL 9, 2018 1%3/12 FIRM MAP #36103C0064H EL. 21.9' PALE BROWN SANDY SILT ML BUILDING ZONE R-40 wITH GRA VEL IN LAYERS 1111Q jN ROAD S �i�e M� THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPI - �� LOCA77ONS SHOWN ARE FROM nELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS EL. 3.9' 18' AREA: 1.356 ACRES TO TIE LINE ELEVAnoN DATUM: NAVD WATER IN PALE BROWN SILTY ML UNAUlHOR1IED ALTERA77ON OR ADDInON TO THIS SURVEY IS A N0LA770M OF SECnON 7209 OF 1HE NEW YORK STATE EDUCA77ON LAW. COPIES OF THIS SURVEY MAP NOT GEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN 21' ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSnTUnON LISTED HEREON, AND Tn THE ASSIGNEES OF THE LENDING 1NS77TU770N, GUARANTEES ARE NOT TRANSFERABLE. WATER /N BROWN CLAYEY SANG SC THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE EREC77ON OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY ENOENT ON THE PREMISES AT THE 77ME OF SURVEY EL. —10' 31' SURVEY OF: DESCRIBED PROPERTY 0 CERTIFIED TO: 1505 BIRDSEYE ROAD, LLC I MAP OF: WA TER IN BROWN FINE TO COARSE SAND SP FILED: ! '' SITUATED AT: ORIENT 38' Tom OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PL SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design NO TE.- WATER ENCOUNTERED 18 BELOW SURFACE !/ �/ P.O. Box 153 Aquebogue, New York 11931 REVISED 08-12-18 FILE # 18-90 SCALE: 1"=30' DATE: JULY 9, 2018 PHONE (631)298-1588 FAX (831) 298-1588 N.Y.S. LISC. NO. 050882 maintaining the reoordi of Robert 1. Renneaq 6 Kenneth N. Woyot S.C'.`t'.�{•1. I)IST RIOT 1000 SECTION l i I3I.00I; 1 LOT l 'r Nc .•-i -r.i-•, I-I: fes. ..- _ 'y• f .:f - - -- - X. I jll/Ill/l0llllll l ���j1�'�/ l llflllll • '.*..,(Y'y� r �. / / / / r / l/ / l/ / l/ /',l/ l�/pl l/. l l/ l l/ .' c `c, :0�. •1yR ; .OR •`1 S 2019 1 ,'.T tic .•.n `'r,; ,. , t:�.. o Lord '"+i` Yo Fr`,_ Ct; ir,•; •'i 6.r, PCi=-' M, ONALD GEOSCIENCF k 10/03/12 &� Fl�i,i '•,1=,'= /':;;,1C'. 0 EL. 21.9' - PALE BROWN SANDY SILT ML WITH GRAVEL IN LAYERS 1 THE WATER SUPPLY, WELLS, DRYWEL,LS AND CESSPOOL LOCAT'ONS SHOWN APE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS El. 3.9 18' n' - A.r,-, 71 -11 C.r T r ,` _ WATER IN PALE 8RD11!V SILTY ML .,,.o 'r.'it r" a„ F^ ; ` 21' .:'r r;uLI4S I -'+,'1 r•r., cd rr, ,w' WATER 1N BROWN CLAYEY SAND SC a Gn.!' . .,:�4'G,'A."- •.. .- ±.0 I—A`,F,Cr.'r"Arr Nr'GI'.- - si;,-, t,.. (: "t::a ', i F , 1 'FFrr Ep -C.. EL. —10' 31' WATER IN BROI":'N FINE TO COARSE SAND SP i 38' •; r :::"�1 H�;i: � 11:ENKF.•PII V O'Ol'ClftiF -LAND-SI•IC\f•:T16G. F'1 LC >UFEC' li',1'.1T'•'. PI'4', „'.P Pore-P.10. Land Stirvc%ing auul Design NOTE: E WATER ENCOUNTERED 18' BELOW SURFACE P.10. n,,. 153 Agnr6ogne, Ne,, York 119:31 }4- _ . . a J "'• `,`.. PIIOKF. (6^))~!16-1566 FAX(631)) 266-Une Fn F Y ' t.-"�;1 Sl Ai.F 'r•— �=T� ly .Nt• I oral nl nlnlnQ tl,r r ��i ds n(R011t J.Ilnn—M i:rnnelt Y.A',...11" DESIGNER: ARCHITECT OF RECORD: PROJECT: DRAWING TITLE: JOB No: 1705 DATE: NOV. 16.2017 C A R L 0 s SURVEY SCALE: 1/32"=l'-O" Z A P A T A Andrew Pollock Architect, PC ORIENT HOUSE SHEET NO.: S T U D 1 0 1505 B I RDS EYE ROAD 56 SOUTH OXFORD STREET, 561 broadway,4A/4B New York,NY 10013 BROOKLYN,NEW YORK, 11217 ORIENT NY 11957 T 212.966.9292 F 212.966.9242 T:212.620.0044 --- OHILNT HOUSE 1505 BIRDSEYE ROAD ORIENT NY1 1957.. _... DESIGNER: C A R L 0 S �. 'wq s..•a>„rte .rv,r S T U D 1 0 561 broadway,4A/4B New York,NY 10013 T 212.966.9292 F 212.966.9242 ARCHITECT OF RECORD: } Andrew Pollock Architect, PC 56 SOUTH OXFORD STREET, BROOKLYN,NEW YORK,11217 T:212.620.0044 �G TE aoREW i o. m j 20f YO DISTRICT I ()Of) SI;C"TIDN 17 I3I,OCIS I ,t r Lc. .._ I_ — a /--T,CONVE{PVN/CE/ / /F/OINT/, 7 / 7/ / // • d . � + lll , llllr �� gdllll ' lll �. •. . :-.: f' 'i•l /, ll, 11, 11/ / l/ i !�F��,�, 1/l, l/l/ l/l, � , r. I ` r / j� I 4r1 4F � I 1t,1'� ;-•i;:�F';i,-. i:,, ,•,c ;F e'''rr' 4 91- '-�`�' �-�:I ( �'�I ,'•_ ;o (.q^.,- .,, ta•:- go,Cr Fri=,,,. ,' , M'DONALD GEOSCIFNCE 10/03/12 W I4'. EL. 2t9' PALE BROWN SANDY SILT ML W1TH GRAVEL IN LAYERS " THE WATER SUPPLY. WELLS, DRYWELLS AND CESSPOOL LOCA PONS SHOWN APE FROM FIELD 09SERVA TIONS AND OR DATA OBTAINED FROM OTHERS, E, WATER IN PALE BROWN SILTY ML 21' a`.; fr :r, er < a r1, N r <:n, ,t WATER IN BROWN CLAYEY SAND SCn,r ,,,A- ,-,'r'A .r.r •N +Ii Till F a r , AF.N{T 17,1 elJ(-'- .,F-" 31' �FFPf EC ,' .,I- ,r �,r ��; � � 201 WATER IN BROWN FINE TO COARSE SAND SP 38' FFNNF.T11 M WOYCHITK LAND FURCEI'IYG, PLI•(' -- NOTE: WATER ENCOUNTERED 18' BELOW SURFACE If'''' C' '1'''• rl'ti'. "1' Protrsci„nal Land 111I'\' 1'In 11111 Ur.i;>n P.O. Dos 153 Agiu-1-gile, N,w 1'nrk 11():11 n•f1'• 7,Ti "Y , 4° Y^`••s' ` `_ PIIO\F: (R311�HA-15flR PAC(611) 2011-13PH1 Hobrrt 1 H.n , k Krnnrll,NI �n,c neK DESIGNER: ARCHITECT OF RECORD: PROJECT: DRAWING TITLE: JOB No: 1705 C A R L 0 S DATE: NOV. 16.2017 w�° SURVEY ORIENT Z A P A T A SCALE: 1/3211=11-011 � � x ,,� ; r� HOUSE Andrew Pollock Architect, PC SHEET NO.: S T U D I O °��� 1505 B I RDS EYE ROAD 561 broadway,4A/4B New York,NY 10013 56 SOUTH OXFORD STREET, rnR �`. BROOKLYN,NEW YORK, 11217 KORIENT NY11957 T 212.966.9292 F 212.966.9242 T:212.620.0044 DRAWING INDEX ZBA CODE INFORMATION: A.000 COVER A. In conformance with Building Setback Requirements Adjacent to Water Bodies and Wetlands S° SURVEY280-116 A ( ) ��° �� \ A.100 DRAWING INDEX / DIAGRAM The proposed building is in conformance with the 100 foot setback requirement from a "bluff". volp This particular property does not have a continuous bluff and, under that circumstance, the �/ ro_gtg NK A.100.1 SITE PLAN board of Town Trustees In a letter dated September 21, 2018, specifically addressing this property, made the following A. SITE PLAN CLEARANCE DIAGRAM finding: /BLUE ANt ''' %'' - - \r". TOP OF BANK AS FLAGGED cON -RGENCE Item D: "Setbacks" %i - BY JOHN BREDEMEYER, / /�p}NT'- �`� , TOWN TRUSTEE Setbacks are perpendicular lines drawn at a 90 degree angle from the feature ( in this case bluff) that they reference. \' -% ! When the feature is a continuous line across a parcel from property line to property line, such as a side yard setback, the setback will continue along such feature for the full length of the feature. In the event that the setback is not a continuous line running from property line to property line, but rather a geographic feature that ends at a fixed point, (a convergence point "✓ - =� 2 of bluff/bank), within the subject properties boundaries, the setback shall run as a �' �•, '� 5�q� %, f perpendicular line at a 90 degree along such feature, until such time as the feature reaches its fixed end point (convergence point of bluff/bank), at which time the setback shall arc EXISTING CREST OF BLUFF �j ADDED BY INTER around the fixed point. FLAGSSCIENCE ON 09/23/14, The Bluff/ Bank Convergence Point has been reviewed and approved by the Board of Town EXTENDING THE BLUFF CREST Trustees, in consultation with the Asst. Town Attorney and Town Engineer TO EASTERN LOT LINE ,..; A. 100' SETBACK FROM BLUFF CONVERGENCE POINT \� PROPER SCALE N.T.S. B. Building Design Does not meet Definitions of Basement or Story -- y-— — — Proposed Cellar design is not a basement as more than % of its height, measured from floor to ceiling, is "below" the average finished ,, grade of the land immediately adjacent to the building. In addition, the Cellar design does not meet the definition of Story Above Grade Plane FNIS E G�AC.IE LINE as found in "definitions" under 19 CRR-NY 1240.2 Chapter XXXIII. -- I =T�� FINISHED_ f LINE / 7AINI G - 0 0 x CELLAR =� — NIsis — WALL AXONOMATRIC SCALE EXCAVATION VOLUME DIAGRAM (D 8i © ( ® O 122'-11 1/4"}1 '1 126'-2 1/8" 112'-6 7/8" 1 - --..72'-0" " 95•-10 1/2' B. CELLAR —J EXCAVATION: 5,500 CF O'-B FINISHED DE LINE FINISHED RADE LINE - TOTAL BASEMENT WALL AREA: 2,856 SF (MIN. 1,428 SF) 6L 3 UNROLLED WALL ELEVATION D INFILLING #1: 34,908.25 CF - PROVIDE FOUNDATION COVERAGE: 53.33% (1523 SF) SCALE : N.T.S. ff- FOUNDATION COVERAGE CALCULATION DIDN'T CONSIDER SWIMMING POOL iissF 80S 144SF 800SF 377SF 7SF I INFILLING #2: 18,446.63 CF TOTAL FOUNDATION COVERAGE: 1523 SF INFILLING#1: 34,908.25 CF EXCAVATION: 5,500 CF C. In conformance with 280-104 Exceptions and Modifications 10p � \ The cantilevered roof does not project more than two (2) feet into a required yard at any point �`'� �:' INFILLING#2: 0 �G�s �d? % \ 18 446.63 CF e: � / 1TOE OF BA IVK l Ilil'J/ -- �.� •� •$LUF ANKj' � TOP OF BANK AS 0 I FLAGGE ON BY JOHN BREDEMEYER, pQ{NT. jam TOWN TRUSTEE %���)� �--_ � I///%�� q�, =�='/!i�/'J'� )�r til �.i�P�"�••� .1 ITR 19 2019 EXISTING OF BLUFF TING ADDED -- D BY INTER SCIENCE ON 09/23/14, EXTENDING THE BLUFF CREST TO EASTERN LOT LINE EXCAVATION & � { 5 INFILL VOLUME DIAGRAM - SCALE N.T.S \� „ r PURL 4 C. EAVES OVERHANG SCALE N.T.S. DESIGNER: ARCHITECT OF RECORD: PROJECT: DRAWING TITLE: JOB NO: 1705 C A R L 0 S DATE: APR. 01.2019 DRAWING INDEX SCALE: N.T.S. Z A P A T AORIENT HOUSEDIAGRAM I n n SHEET NO.: Andrew Pollock Architect, PC S T U D 1 0 56 SOUTH OXFORD STREET, 1505 B I RDS EYE ROAD 561 broadway,4A/4B New York,NY 10013 BROOKLYN,NEW YORK, 11217 ORIENT NY 11957 '�'R..w-�-� A61001 T 212.966.9292 F 212.966.9242 T:212.620.0044 NATURAL SLOPE IPE WOOD MAX. 1 :8 \ STEP EDGE 20.0' 10.0' GO SECTION \'\ Z BEACH ACCESS �_k \ate SCALE : 1/32" –1'-0" Q<G� 4' B CH ACCESS �> NYSDEC COASTAL EROSION �0 �O m HAZARD LINE:SHEET 18 PHOTO Q C ARED, & BUILT \ - 5'-0" TYP. Y HAND ACCESS FROM •�AND #4765183AUG.29, 1988 COMPACTED E of BAN _- — \- — - SOIL �^- —1_roEOFeANK` IPE WOOD SLOPE STEP EDGE MAX. 5% EL 21.9' 0.0' �R�'�OtiFe r PALE BROWN SANDY SILT ML io o�ti�Ry ANCHOR WITH GRAVEL IN LAYERS •�0 �. oo /\� v AS NEED oO�i ��nl SECTION DETAIL EL. 3.9' 18.0' WATER N PALE BROWN SILTY ML DcrO/' �`` /� \ V r NON TURF BUFFER WITH \ `\ .r PERMISSIBLE VEGETATION AS s RIPE WOOD EDGE STEPS 21.0' APPROVED BY TOWN TRUSTEES SCALE 1/32" =1'-0" ('SEE CHART) WATER IN BROWN CLAYEY SAND SC R,S TOP OF BANK tio?� BLUFF/BANK \ • T CONVERGENCE POINT �,: `�• J'° ••\, B O,c B N 31.0' FRS �� WATERINBROWN FINE �g� �� v 38.0' TO CO RSL SAND SP �� ./ ` BOARD OF TRUSTEES Ate\ \ Q � t �J�� \, NOTE: WATER ENCOUNTERED �\ \ TOWN OF SOUTHOLD +18 BELOW SURFACE —7 EXISTING REST OF BLUFF `•- / ��� _1. , :........ .. . FLA ADDEDBYINTER \ �y �\ r " i m DATE `S Zb(J TEST HOLE DATA CIENCE ON 09/23/14, v. `r3 �- M C D O N A L-D r \, �; "� 4 TEST HOLE ERTEN TNG THE BLUFF CREST v'y j �� ' * G E O S C I E N C E -- - - �L �d. `'Y21(�2.-t; SCALE N.T.S. TO EASTERN LOT LINE. f v s, NEW 4' FENCE — — 10/03/12 PHOTOVOLTArC ROOF/ \ i \ • o•. `� ' TERRACE s -01� ; 0, G � PROVIDE SIGHT INLET _- POOL,/,/ f FOR MAINTENANCE / \J� 35 EP /^ ;��, ' POOL �\ PVC INLET LET - 8" THK. PRECAST \ Q's DECK DECK ' i PIPE FROM -CONCRETE TRAFFIC `✓ � "�� ROOF LEADERS BEARING SLAB ZNh \ _ _ v ;,,.... SDR 35 PVC INLET EXISTING ` � , �GAVEL i PIPE FROM M ROOF sEaTic LEADERS AREA INTERMITTENT VE�A _POND _ NON-WOVEN GEOTEXTILE, i h F, � CD � � : r n n n , tj 11 11 1 1 i OVERLAP SEAMS 1 2" MIN S r - i 15; i a i �{ i g r n n n n ❑ r n ti n i r i NEW 4' FENCE 0 8' DIA. X 8' DEEP - .. i r n n i n -., n n ❑ ❑ n a r i - // I PRECAST CONCRETE �- •. �� moi-'��— .� r� � i r: n o i n a u n i � NEW 4' FENCE I r [ n n (I I n n o, . i LEACHING RING * FENCE WILL BE LAID TO AVOID LARGE TREES ��O AND DISTURBED AREA WILL BE REPLANTED �`, / \`. =^` -`E44% f� _6 NON-WOVEN GEOTEXTILE, WITH NATIVE VEGETATION. i \ = i OVERLAP SEAMS 12" MIN CD NEW 4' \ PROPOSED FENCE20 , 0„ WELL C GROUND WATER �, _ WELL DRAINED, UNDISTURBED z - - NATIVE SOILS LOT COVERAGE — / oz5y° >WATER ENCOUNTER NEW @ 18.0' TEST HOLE CLEAN SAND & - LOT AREA: 59,067.36 SF (1.356 ACRS) DEER GRATES 'ova NOTE: USE MCDONALD 8'-0" DIAMETER GRAVEL FILL - BUILDABLE AREA (LANDWARD OF CEHL LINE): 35,698 SF �� /' � GEOSCIENCE 10/03/12 - MAX. LOT COVERAGE (20% OF BUILDABLE AREA): 20% OF 35,698 SF = 7!139.6 SF �',� / �• , %4P NEW MIN. 2' 0" MIN. 2'-0" 0 TOTAL BUILDING COVERAGE: 7,047 SF (19.74%) ��' P. N ENTRANCE GATE TYP. SECTION @LEACHING POOL (— SITE IPL f (GRASS SWALE DETAIL) SCALE :x/32" = 1'-0" % �J SCALE N.T.S. I WELL WELL DESIGNER: ARCHITECT OF RECORD: PROJECf DRAWING TITLE: JOB NO: 1705 C A R L 0 SDATE: APR. 01.2019 4 �Ra SITE PLAN SCALE: 1/32`z1'-0" Z A P A T ARIE NT HOUSE SHEET NO.: Andrew Pollock Archite S T U D 1 0 56 SOUTH OXFORD STREET, 1505 B I RDS EYE ROAD ' APR 19 2019 561 broadway,4A/4B New York,NY 10013 BROOKLYN,NEW YORK, 11217 T 212.966.9292 F 212.966.9242 T:212.620.0044 ORIENT NY11957 �w.r� °� ` --ANCHOR STAKE -- LOOSE STRAW WEDGED BETWEEN BALES COMPACTED SOIL ADJACENT TO BALES TO BINDING WIRE 2" x 2" (NOMINAL) WOODEN STAKES PREVENT OR TWINE OR STANDARD STEEL POSTS OR UNDERMINING ' EQUIVALENT. MINIMUM OF 2 PER BALE. it / _ �, (, I \� ��� STAKED AND FL1 V' ENTRENCHED OW i r � Ir,� V V'�� I I STRAW BALE oo w` o I `vo \-0' X GROUND i _ EXISTING 0 0 / MINIMUMED4"TDEEP HBY WIDTH OF BALE 00 P �m ISOMETRIC VIEW TYPICAL_ SECTION ��: 4' BEA ACCESS w� NYSDEC COASTAL EROSION COQ.� - C LEA D & BUILT BY HA� /4 -- HAZARD LINE.SHEET 18 PHOTO e,. A ss FROM LAND #47-651-83AUG.29, 19882 STRAW BALE DIKE DETAILS TOE ° 2F BAN —_\ SCALE N.T.S. Q FLOW DIRECTION _ Qo w36" MIN. 2X2 _ FENCE POST 41���1 /'� \'\ �� �„ GEOTEXTILE WOVEN WIRE FENCE ' ,MqX % FABRIC (6X6 -1010 WWF) z TO C% FILTER CLOTH T P - F GROUND EXISTING EXCAVATED AND o s' �t ��`iii.'i�-� � r O� - o� BLUFF/BANK '�' T BACKFILLED TRENCHCN CONVERGENCE POINT - ey 0- '/0 EXCAVA-TFI) AND _ \ EXISTING GROUND +Ir N BACKFIL D TRENCH `` ••' PWO „i GFp 01 �\ �Ci p •.�.` // EMBED FILTER CLOTH01 j MIN. 6" INTO GROUND X ISOMETRIC VIEW TYPICAL SECTION 3 SILT FENCE DETAILS SCALE N.i.S. EXISTING EST OFBLUFF �. '� ���� O� 3/4„ 08„ FLA ADDEDBYINTER �.� �`� \ %G R` THREADED BOLT CIENCEON09/23/14, <•� `r' (C/W NUT AND EXTEN ING THE BLUFF CREST ,� r' `� `�� WASHER WELDED GATE W/WIRE MESH \0' 2 NEW 4' ) WOOD POST TO EASTERN LOT LINE. �� �' TO SUPPORTIP / , WOOD POST Si J v 0 FENCE �' / @10' O.C. \per PHOTOVOLT YC �'�; j NON TURF BUFFER WITH \`Fj ��� ROOF,' �� >°� � LATE s _ 1-17 2 1 ?_ GA. PERMISSIBLE VEGETATION AS �`��`/_ �' a li a, 9 BARBED WIRE APPROVED BY TOWN TRUSTEES ��:• i+, \ ° sr/ N �i s ,� o . SEE CHART oQ '� \�i O �. W DP TERRACE �� HINGE a >. � 61 � �, - STAGGER HOG RINGS V POOL;' i _ OR WIRE TIES AT 1 '-0„ EP ALTERNATING INTERVALSPOOQ * �Oxx DECK -� > - ii • i o - - 11 GA. WIRES EXISTING @6 CENTERS - G ,AVE - SEPTIC i R AREA \ INTERMITTENTD IVE A `N 1 2 1/2 GA. POND BARBED WIRE NEW 4' FENCE FRONT VIEW- BEACH ACCESS GATE 4 FENCE DETAILS � I --- 0 -- -- q SCALE N.T.S. POST CENTERS, 68 WOOD PROPOSED ,�. WELL -END POST INDEX :' `, i EROSION CONTROL SILT FENCE SURROUNDING CONSTRUCTION NEW 4' FENCE % PROPOSED \- HINGE \ i 20, 0," , WELL DISTURBANCE `�, y - v� �� -GATE W/WIRE 60 MESH PROPOSED CONSTRUCTION ACTIVITY AREA:PROP NEW i . TEST HOLE � I >1,28SF i .r I 6 AUTcLS REER GRATES / NOTE. USE MCDONALD AREA TO BE CLEARED OF DEBRIS, DEAD AND/OR DYING TREES, GEOSCIENCE 10/03/12 TOP VIEW-BEACH ACCESS GATE APR 2019 TREES REMOVED IN CONSTRUCTION ZONE. �, P. �� NEW 1 g REMOVE GREENBRIAR VEGETATION. TRIM TREES AT TOP OF BLUFF. f�jJ ` N ENTRANCE GATE 5 BEACH ACCESS DETAILS 4' FENCE , SITE PLAN ' SCALE N.T.S. - SCALE /32" = 1'-0" r� ij r y/ WELL_. WELL DESIGNER: ARCHITECT OF RECORD: PROJECf. DRAWING TITLE: JOB No: 1705 C A R L 0 SDATE: NOV. 16.2017 REa S ITE P LAN SCALE: 1/32"-1'-0" Andrew Pollock Architect, PCz A P A T AHOUSE Wer CLEARANCE DIAGRAM SHEET NO.: ORIENT � S T U D 1 0 1505 BIRDSEYE ROAD 561 broadway,4A/4B New York,NY 10013 56 SOUTH OXFORD STREET, q BROOKLYN,NEW YORK, 11217ORIENT N Y 11957 ©'� ��5. t T 212.966.9292 F 212.966.9242 T:212.620.0044 N�YAR A ,, 1004, 2 S.C.T. 1. D1'-)TRICT 1000 SEC'TIC)\ 17 IBI.();"I: 1 LOT •I tip; s o ocE,;+l c.OF iT;' n, _7 S=- ti. r (,SFA rF/: r,.c N' ;t` _� YY�'•• / f - _ A 11 / //1YLUfF/6ANK//'////// /�\1 c /F/�T// .c,,, `. _ ;', . . .,'`.•, l 'l l T�� ( i/ 1 F6'�� � l/ l l/ll l� 1 // / l , ' I /. If i. i 1, 12rl ' 71o s APR 1 --- 01\ xT f- �_F .! � <o (;a'-: ',JC ilJl�, ry F',r•-i'Ifi�-' McDONALD GEOSCIENCE <4,,- r.,'. 6 .r^ }9. _ 10/03/12 I EL. 21.9' C.`i .{-)''. -t PALE BROWN SANDY S1LT ML �;; - �'. �L)liJ' _(r'''_ F-4'- W1TH GRAVEL IN LAYERS - `" _ 1 THC WA TER SUPPLY, WELLS, DRYWCLLS AND CESSPOOL LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS EL. 3.9' 18' Ar'. -,,'. WATER IN PALE BROWN SILTY ML % ' Mn�,!:"'r N:1.4... ..i/�,n`;^ -~K�.ryi'c'S fV• �n ��n, �.f„ 'l,�1 r7'`i �•F(r T?r ? l':. „ rRi�f (,- 21' i";.1 r.�, Y?d ,` . IC Ir+E L' 'trF•q:,:'. ^,,r•.l+ ._. r r r WATER IN BROWN CLAYEY SAND SC y.r n'• . ,:;. A, r,,r +u. c vvf• n . ry, ,,I,' r!,'.l•/, :-ryi Fa.' :F'.. C.F .i ri iH;Fn'• ' cF+-nI'F;, i7i•^n+.� �'F.,'rt,F;i .,Fr, :1', Fq".. +,F T` Af i-_ ..F':. �.i I,'I, I EL. —10' '31' WATER 1N BROWN FINE TO COARSE SAND SP , 38' rC,a�.i n F:'�, +fit:;:- i IAF.'\`\I•:TII )1 N'Ol"f'tlllli LA'`1) RCRCIil'ING, }'LL(' NOTE: WATER ENCOUNTERED 18' BELOW SURFACE C,1FiC. i I u!!T' rl�a, Prok,sciuual Land surra•.,ing Mid, D—i-ti 4"_ y i,__._// P.O. Dox 153 AqurboQuo, Near York 119:31 SC d'r i•.—� �cTL L!'J;`' " -—_ —�'—"'--"'_ PItONF. (611121911-I;AA FA\18911 '-!>fA-ISAA (f' "-' "' Nt� _ m.lnt nlntn_-the--d.of R.h—J. DESIGNER: ARCHITECT OF RECORD: PROJECT: DRAWING TITLE: JOB No: 1705 C A R L 0 S DATE: NOV. 16.2017 SURVEY SCALE: 1/32"=1'-0" Z A P A T A ORIENT HOUSE SHEET NO.: Andrew Pollock Architect, PC S T U D 1 0 1505 B I RDS EYE ROAD 561 broadway,4A/4B New York,NY 10013 56 SOUTH OXFORD STREET, BROOKLYN,NEW YORK, 11217 ORIENT NY11957 T 212.966.9292 F 212.966.9242 T:212.620.0044 S.C.T.M.# DISTRICT 1000 SECTION 17 BLOCK 1 LOT 4 #R10-13-0062 O � � �(p AREA DEFINED AS BANK P HEIGHT EQUAL TO OR LESS THAN 20' AND/OR A SLOPE LESS THAN 20% 110, TOE OF BANK OV X O\ o�`e X :.;.;.': : :' :: NYSDEC COASTAL EROSION HAZARD LINE: SHEET 18 oe xX xX 2. : : : .'. . : : : : : : . . . . : : : : : : . 1p PHOTO#47-651-83 AUG.29, 1988 � ti X X X X x X : : . . . . . . . . . . . . . . . . . . . . .:.:. X.:. .•. . . . . . . .. . xXx x X . �6. .Qn... . ...... 1� FIRM ZONE BOUNDARY pF x Xx % .'.'.'• • • ............. .•.'. .. . . . ...•.•.•...•.• % X X : 2Q •: • • • :.:.:. . . . . . XXX AREA DEFINED AS BLUFF X XX X XX X> 22 . : .: �6 HEIGHT GREATER THEN 20' / X X X Xxx xX XXx xxx : ' : : : : : : • • . . : TDP OF BANK AS FLAGGED WITH A SLOPE GREATER THAN 20� X X x x x X X X X X X X% x X X X ' . ....... . . . . : : . . . . . . . . . : . . . . . : : : . BY JOHN BREDEME YER, TOWN TRUSTEE. X X X x X % x 26:" 8 K x x x x > ' / x x x x x X x x x x X x x x x x x x x x x 8 XX x x x x x x x 1`0 2 XX / x x x x O x x x x x % X CON VERGEN F BLUFF/BANK ° x X x xY % X XxxxxxxxXxx x T LANDWARD JURIS LION AT AVER GE 11 X X % X X X 32 FROM CONVERGENCE DINT LOCA X x X X �vx x x x x •O o n/ x x x x x x �•/ �2 X % X XXxxX 4 O, y�2 x x x x x X x x x !! xX XX xXX vO X EXISTING CREST OF BLUFF "moo XXx X X FLAGS ADDED BY INTER SCIENCE ON 09/23/14, �X,XX �X Q 16 EXTENDING THE BLUFF CREST TO EASTERN LOT LINE. CO No s , °� 2 / o ...° O 15' ^ry gRFq O' �y FR.HSE Sep;r/ OP y O Owl° n? C`VC\4 SES a �° 0,�0�� c\4 �2 O FR16 QOp P5 �0 co 18 `ro 20 off. 04 S 0 Q G MEETS CRITERIA OF CHAPTER 275-2 BLUFF o. BY MICHAEL DOMINO, BOARD OF TRUSTEES �y PRESDIENT O.n o. �R APR 1 9 2019 3 Soothe rj Town BASED ON LAND SURVEY PREPARED BY TEST HOLE DATA PECONIC LAND SURVEYORS L'MCDONALD GEOSCIENCE I ?rof T,<<rtp c LAST REVISED APRIL 9, 2018 10103/12 FIRM MAP #36103C0064H EL. 21.9 PALE BROWN SANDY SILT ML MAINBUILDING ZONE R-40 W/TH GRAVEL /N LAYERS 1 ti OAD S THE WATER SUPPLY, WELLS, ORYWELLS AND CESSPOOL • �5 LOCATIONS SHOWN ARE FROM FIELD OBSERVA77ONS AND OR DATA OBTAINED FROM OTHERS EL. 3.9' 18' AREA: 1.356 ACRES TO. TIE LINE ELEVATION DATUM. N AVD WATER /N PALE BROWN SILTY ML UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STA 7E EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVE'YOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN 21' ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. WATER IN BROWN CLAYEY SAND SC THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: 1505 BIRDSEYE ROAD LLC,• EL. —10' 31, MAP OF: WATER /N BROWN FINE TO COARSE SAND SP ! ' FILED: , SITUATED AT: ORIENT 38' TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC NO TE- WATER ENCOUNTERED 18' BELOW SURFACE SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design �__.�/ P.O. Boa 153 Aquebogue, New York 11931 » � PHONE (631)298-1588 FAX (691) 298-1588 REVISED OS-12-18 FILE # 18-90 SCALE: 1 =30 oATE: JULY 9, 2018 N.YS. LISC. NO. 050882 maInc.ful, the word. o: Robert J. Hemeep 6 Kenneth U. eoyonnt Ot 1f 0 aL11J0 ' �(9yl t e6nJt � !1Frr Q.StS 1 f m3SIS ISLAND .dam u S1V JOSEPHSON PROPERTIES SCTM##1000-17-2-6.5, 1.11 AND 1.14 �'o 1 +o 407 1 11 60A 1Z ) I 1505 BIRDS EYE ROAD, LLC (ZAPATA) PROPERTY •!/ x>aw ♦ e .ower is f � SCTM#1000-17-1-4 r i 3r 22 2 , rP"' -{ ' - i O 3wsw {Y n J.s • FO . 3 til,K! _ / .cO a 40- L / �� s ����pl,n•• _�,__ _e yw .W't i-� a ll / /, © �y W Norte COUNTY OF SUFFOLK I... __.__ ___..._ 'a '�� ti.°j Real Property Tax Service Agency' 017 �, ---- _._i '' .. I =! __.__'y=- "—— -�: ry I ,art':' ✓ R �'w.,.e.s ,.n oP�� - ! C E Q V E Cefebrating Our 45thyar Twomey, Lathaiia' MAILING ADDRESS: Shea, Kelley, Dubin&. ua, r�r� L ' Post Office Box 9398 �49 Riverhead,New York 11901-9398 Attorneys at Law MAIN OFFICE Thomas A Twomey,Jr 33 West Second Street (1945.2014) Southold Town Riverhead,New York 11901-9398 Stephen B Latham L h.."I41fU5toeS Telephone:631.727.2180 John F.Shea,III Facsimile:631.727.1767 Christopher D Kelley February 28 2018 www.suffolklaw.com David M Dubin o Jay P Quartararo t Peter M Mott mfmnegan@suffolklaw.com Janice L Snead VIA HAND DELIVERY Extension 265 Anne Marie Goodale Direct Fax:631.727.1767 Bryan C Van Cott- Kathryn Dalli Southold Town Zoning Board of Appeals Laura I.Dunathan Lisa Clare Kombrink Attention: Leslie Kanes Weisman, Chairperson g Patrick Fife 54375 Main Road � ( Martin Finnegan. RezaEbrahimi P.O. Box 1179 C� Jeffrey W.Pagano ,Southold,NY 11971 p Bryan].Drago Bernadette E.Tuthill I Craig Handler Re: Application of for Variances ©app Alexandra Halsey-Storch 1505 Birdseye Road,LLC PARD Melissa Doris x© KatermaOrinko ZBA File No. 7140 MAY 1 5 2019 LorraJessica M Kleleo Suffolk County Tax Map No. 1000-17-1-4 Jessica M Klersy Terrence Russell OFCOUNSEL Dear Chairperson Weisman and Board Members: Southold Town Board of 1nlSfens Kevin M.Fox Kelly E Kmirons Karen A Hoeg This office represents John Josephson and Carolina Zapf, owners of the home Patricia J.Russell Jennifer P Nigro• and properties located at 1515 Birdseye Road, 900 Birdseye Road and 700 Birdseye 0NYMIAEA S Road, and identified on the Suffolk County Tax Map as 1000-17-2-1.11, 6.5 and 1.14, t LLMiN T"AT1 NY6tM� respectively,which three properties are immediately adjacent to and directly south o • NY,NI&PA BARS the property owned by 1505 Birdseye Road,LLC (the"Applicant") located at 1505 Birdseye Road(SCTM 1000-17-1-4) (the"Subject Parcel"). Copies of the relevant section of the tax map and an aerial photograph showing the Applicant's and neighbors' properties are enclosed. We submit this letter in response and opposition to the Applicant's request for multiple area variances, including a variance of fifty (50)feet from the top of the bluff, a front yard setback variance to 41.7 feet, and a deer fence located in the front yard. BACKGROUND FACTS The application of the Applicant proposes to construct, among other things, a 6,028 square foot dwelling with a terrace,pool and pool deck within fifty (50) feet of the top of the bluff,when Article XXII, Section 280-116 of the Southold Town Code OTHER OFFICELOCATIONS requires a setback of"not fewer than one hundred(100)feet from the top of such 20 Main Street bluff'; a 796 square foot pedestrian entry bridge that is 41.7 feet from the front yard East Hampton,NY 11937 6313241200 setback, when Southold Town Code Article IV, Section 280-18,Bulk Schedule 51 Hill Street requires a minimum front yard setback in this R-40 District of fifty (50)feet; and an 8- Southampton,NY 11968 foot deer fence around the perimeter of the property,which is partially located in the 631.287 0090 front yard, in violation of Article XXII, Section 280-105(C)(1). The application also 490 Wheeler Road Suite 150 proposes to maximize allowable lot coverage with the proposed development. Hauppauge,NY 11788 631.2651414 56340 Main Road P.O.Box 325 Southold,NY 11971 631765 2300 e\ �AJECG` Leslie Kanes Weisman, Chairperson MAY 1 5 2019 February 27,2018 Page 2 Southold Town Board of Trustees The Applicant's application acknowledges (i)that the fifty (50)percent deviation from the Southold Town Code's bluff setback requirement"can be considered substantial'; (ii)that the proposed dwelling"will be visible from the adj oining dwellings"; and(iii)that the alleged difficulty was"self-created". The sole justification advanced by the Applicant for the fifty percent deviation from the Code is that the Subject Parcel has a"low drainage basin on its southern side". No justification is given for the Applicant's need for a 796 square foot bridge within the front yard setback. The basis for the request for a front-yard deer fence and a deer fence surrounding the perimeter of the property is that the Subject Parcel is a"deer haven". The Applicant's lot size is 1.36 acres in an R-40 zone. It is submitted that there is a very sizable building envelope with a footprint of 12,954 square feet that allows for a sizable house and other improvements that would conform in all respects to the Southold Town Code, and therefore,the detriment to the health, safety and welfare of the neighborhood by granting the requested variances clearly outweighs any benefit to the Applicant if these variances are granted. See letter from Mark Matthews,ATA, and accompanying,exhibit. For the reasons and those set forth below, it is respectfully submitted that the Applicant's request for variances should be denied. ARGUMENT I. THE APPLICANT DOES NOT SATISFY THE STANDARD FOR AREA VARIANCES. It is unequivocal that the Applicant does not satisfy the standards for the relief requested. New York State Town Law §267-b, in pertinent part,provides that the following five(5) factors must be considered by a zoning board of appeals in its determination of whether to grant an area variance: (a)In making its determination,the zoning board of appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the board shall also consider: (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; ECEH Leslie Kanes Weisman, Chairperson February 27, 2018 MAY 1 5 2019 Page 3 Southold Town Board of trustees (3)whether the requested area variance is substantial; (4)whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created; which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance. The Court of Appeals of the State of New York has confirmed that in determining an application for an area variance, a zoning board must engage in a balancing test,weighing the benefit to the applicant against the detriment to the health, safety, and welfare of the neighborhood or community if the area variance is granted. Sasso v. Osgood, 86 N.Y.2d 374 (1995). See also,Eccles v Zoning Board of Appeals of Village of Irvington, 224 A.D.2d 525 (2d Dep't 1996). We submit that the Matter of Nicholas Aliano, which was determined by the Southold Town Zoning Board of Appeals in a decision dated September 1,2006 (Zoning Board File No. 5846), after which Mr. Aliano commenced an Article 78 proceeding brought in New York Supreme Court, Suffolk County, and then filed an appeal in the Appellate Division, Second Department, is dispositive of the Applicant's application presently before the Board. In Matter of Aliano,Mr. Aliano applied to the Zoning Board of Appeals of the Town of Southold("ZBA") for an area variance permitting him to resume construction of a dwelling 50 feet from the edge of the bluff, after the Town's Director of Code Enforcement issued a stop work order based on a building permit that was mistakenly issued. The size of the proposed dwelling was approximately 1,600 square feet,which, of course, is substantially smaller than the proposed 6,028 square foot dwelling in the present application. Among other things,the ZBA found that the presence of new impermeable surfaces and the alteration of drainage and soil structure have been responsible for"accelerated bluff recession"which could result in damage to the proposed dwelling as well as to neighboring properties. In applying the balancing test under New York Town Law §267-b,the ZBA concluded that the grant of the proposed variance would produce an undesirable change in the character of the neighborhood or a detriment to nearby properties;that the variance requested was "too severe,";that the proposed area variance to permit construction within 50 feet of the top of the bluff(as in the present application)was"substantial";and that the difficulty was "self-created"because the design of the proposed plan was not in conformity with the setback restrictions in the Code. Therefore,the ZBA denied the variance. Mr. Aliano commenced an Article 78 petition in Supreme Court, Suffolk County, alleging, among other things,that the ZBA's determination denying the area variance was arbitrary and capricious. The Supreme Court ruled in favor of the ZBA, and dismissed Mr. Aliano's petition. Leslie Kanes Weisman, Chairperson , E C E V E February 27,2018 Page 4 MAY 1 5 2019 Southold Tmvn Board of lrust-jos Mr.Aliano next appealed to the Appe late Division, Secod nt. In a decision dated April 20, 2010,the Second Department held in favor of the ZBA after finding that there was a rational basis for the ZBA's denial of Mr. Aliano's application for an area variance: Here, the ZBA's determination to deny the petitioner's application for an area variance was not illegal, had a rational basis, and was not arbitrary and capricious, since the ZBA properly considered the relevant statutory factors, and rationally concluded, based on the evidence in the record, that the variance sought was substantial and self- created, and that the granting of the requested area variance would have an undue adverse impact on the physical and environmental conditions of the relevant neighborhood and produce an undesirable change in the character of the neighborhood (citation omitted). Accordingly, the Supreme Court properly,in effect, denied that branch of the amended petition which was to annul the ZBA's determination on the ground that it was arbitrary and capricious(citation omitted). Matter of Aliano v. Oliva, 72 A.D. 3d 944, 899 N.Y.S 2d. 330 (2d Dep't 2010). Copies of the Second Department and Supreme Court decisions are enclosed. The reasoning applied by the ZBA in the Matter of Aliano in denying the 50 foot setback variance from the top of the bluff, along with the decisions by the Supreme Court and Second Department upholding the ZBA's reasoning, should be applied to the present application in denying the requested area variances. The following is an analysis of the statutory factors as they apply to the subject application. A. The Variances Will Produce an Undesirable Change in the Character of the Neighborhood and a Detriment to Nearby Properties. A 50-foot deviation from the Code's 100-foot setback from the top of the bluff mandate will create an undesirable change in the'character of the neighborhood and a detriment to nearby properties. Notably, our research of the records in this neighborhood has not revealed any area variance granted by the ZBA to build or renovate a home merely 50 feet setback from the top of the bluff. Moreover,a variance of this magnitude will lead to erosion and the instability of the bluff, accelerate bluff recession, inhibit the surrounding neighbors' views of Long Island Sound, and will set a dangerous precedent for others who may seek similar variances in the future. 0E VE AD Leslie Kanes Weisman, Chairperson February 27, 2018 H U Page 5 MAY 1 5 2019 Southold Town Iard of Trste ues Nataro v.DeChance, 149 A.D.3d 1081, 53 N.Y.S.3d 157, 2017 (2d Dep't 2017); Kearney v. Village of Cold Spring Harbor Zoning Board of Appeals, 83 A.D.3d 711, 920 N.Y.S.2d 379 (2d Dep't 2011). Likewise, an area variance for a deer exclusion fence running along the width of the Applicant's front yard will also create an undesirable change in the character of the neighborhood. Currently,no other homes in the neighborhood have a deer exclusion fence in their front yards. In fact,the neighborhood is entirely devoid of deer exclusion fencing. Such a fence installed in the Applicant's front yard will create unsightly views and will degrade the quaint and quintessential character of this beach community.Furthermore, granting this variance would set a dangerous precedent for others to install deer exclusion fencing in their front yards. Therefore, granting the requested variances will result in an undesirable change in the character of the neighborhood and a detriment to the nearby properties. B. The Applicant has Feasible Alternatives,Other Than the Requested Variances. The benefits sought by the applicant can be achieved by another, feasible method, other than the requested area variances. The subject parcel is 1.365 acres, or 59,067 square feet.The proposed house and pedestrian entry bridge is a combined 6,824 square feet,or 19.12%of the permitted lot coverage. As such,the Applicant has "feasible alternatives"in that there is ample space to relocate the proposed house an additional 50 feet to the south.This would bring the proposed house 100 feet from the top of the bluff and thereby in full compliance with the Code's setback requirement.Nataro v. DeChance, 149 A.D.3d 1081, 53 N.Y.S.3d 157, 2017 (2d Dep't 2017). While the Applicant may be required to reduce the length of the proposed pool or terrace if he designed a house in a conforming location,the detriment to the health, safety and welfare of the community significantly outweighs any benefit sought by the Applicant. Similarly,the Applicant's request for a front yard area variance can be obviated by simply shortening the pedestrian entry bridge by 8.3 feet. The Applicant has provided no reason why the current proposed length is necessary. Simply put,the benefits sought by the Applicant can be achieved by other feasible methods, other than the requested area variances. C. The Area Variances Requested Are Substantial. The Applicant seeks a 50% deviation from the Town Code's 100-foot bluff setback requirement. By his own admission,the Applicant states in its application that the relief sought"can be considered substantial."Moreover, in the Matter of Nicholas Aliano,this Board denied a ZBA application for a 50-foot variance from the top of the bluff and a Leslie Kanes Weisman, Chairperson / February 27,2018 Page 6 MAY 1 5 2019 Southold Town Board of Trustees variance from the minimum front yard setback. In that application,this Board went through a lengthy fact-finding process,holding three public hearings, at which written and oral evidence was presented,after which this Board found that the variances requested were "substantial,"The Second Department affirmed that decision and held, in relevant part,that: The ZBA rationally concluded,based on the evidence in the record,that the variance sought was substantial and self-created, and that the granting of the requested area variance would have an undue adverse impact on the physical environmental conditions of the relevant neighborhood and produce an undesirable change in the character of the neighborhood. Likewise,the 50-foot variance from the top of the bluff in this case must also be declared "substantial" and"self-created,"and should therefore be denied. Aliano v. Olivia, 72 A.D.3d 944, 899,N.Y.S.2d 330 (2d Dep't 2010). See also Pecoraro v. Board of Appeals of Town of Hempstead,2 N.Y.3d 608 (2004) (holding that it was not an abuse of discretion to deny an application for an area variance on the basis of the substantiality of the variance weighed against granting it where the variance sought would have allowed a 33.3%deficiency in lot area and a 27.3%deficiency in frontage width). D. The 50-foot Variance From the 100-Foot Setback Would Have an Adverse Impact on the Physical and Environmental Conditions in the Neighborhood. The proposed area variances will have an adverse effect and impact on the physical and environmental conditions in the neighborhood. A 50-foot variance would bring the proposed house substantially closer to Long Island Sound. As in the Matter of Aliano,the presence of impermeable surfaces near the bluff, changes in vegetation and soil structure, as well as septic system placement will likely accelerate the rate of bluff recession that will negatively impact Long Island Sound and the neighboring properties. E. The Applicant has no Hardship and any Purported Difficulty is Self-Created. Lastly,the Applicant's purported difficulty was entirely self-created. A"seasoned real estate professional"can,with reasonable diligence, easily determine the zoning laws applicable to his property. Matter of McGlasson Realty Inc v Town of Patterson Board of Appeals,234 A.D.2d 462, 651 N.Y.S.2d 131 (2d Dep't 1996). Moreover,it is well established that a purchaser of property is chargeable with knowledge of the applicable zoning laws and is bound by them `t Leslie Kanes Weisman, Chairperson u MAY 1 5 2019 �1 February 27, 2018 Page 7 Southold Town Board of Trustees and by the facts and circumstances which can be learned by the exercise of reasonable diligence. Matter of McGlasson Realty Inc v Town of Patterson Board of Appeals,234 A.D.2d 462, 651 N.Y.S.2d 131 (2d Dep't 1996). See also Kearney v Village of Cold Spring Harbor Zoning Board of Appeals, 83 A.D.3d 711, 920 N.Y.S.2d 379 (2d Dep't 2011). Here,the Applicant is an architect, and, according to his website, is an"award winning, master planning designer)". See website page enclosed. He is chargeable with the knowledge of the Town's applicable zoning laws and is bound by them. Quite simply,he chose to design a plan that is not in conformity with the Code. He chose to design the proposed house well within the 100-foot bluff setback, despite his clear ability to place the house further south,in a location that is in full compliance with the Code's setback requirement. Braunstein v. Board of Zoning Appeals of the Town of Copake, 100 A.D.3d 1091, 952 N.Y.S.2d 857(3d Dep't 2012). See letter of Robert Grover. Likewise,for no legitimate purpose,the Applicant chose to extend the pedestrian entry bridge into the 50-foot front-yard setback. Lastly, he chose to disregard the Code's clear mandate that deer exclusion fences are"prohibited in or along the front yard of any property." Therefore,the Applicant has no hardship, any purported difficulty is entirely self-created, and this application should be denied. CONCLUSION Based on the foregoing, the analysis required by Town Law§267-b(3)(b)dictates a finding that the detriment caused by a grant of the Applicant's requested variances to the environment and nearby properties far outweighs any benefit to the Applicant, especially when considering that the Applicant has feasible alternatives. Therefore, it is respectfully requested that items numbered 1,2 and 3 listed in the Public Notice for the this application be denied in their entirety. Res submitted, M ' D. Finnegan MDF/jr Enc. cc: William Duffy,Esq., Town Attorney Michael Kimack,Esq. e9as 99 eswel ¢s nat lu,m oB,iSt• ISLAND LAO JOSEPHSON PROPERTIES SCTM##1000-17-2-6.5, 1.11 AND 1.14 'o t5 +o ,yo 4• 60 _ N 51 q _ ff 1505 BIRDS EYE ROAD, LLC (ZAPATA)PROPERTY z.911 SCTM#1040-17-1-4 i 22 n - -3\9Da D 0. V � • . 1111 }l � �—I r R 1 T ti- s an / LL . 1 l G v' CAD i W, L6 ---'q W�� •• -----_ ,•• .--•>-- Mme• --•-- umx,cE COUNTY OF SUFFOLK 1E souxwln SEc "a rI an Real�PropertyTax SennceAgencylr •s �,•} ---_—' 017 ! wr.yr�•u��t7 f M 1 fI 0 r z. r ♦ � --..-..— .r....—_i-- wtiwP9ary r.�anwv.enc. � s rr s s p ab �Qy a4,wc,w 19.8 -_—_---1�--- -1 — I "leov�rm.uv Carlgs Zapata Studio I Archinect 2/21/18,5:57 PM Archined 0 RAYA ANI—Presenting Zukak and Mahlala yesterday at the 141 Firms V Editorial&News RELATED NEWS&FEATURES n Show all Employment C A R L Q S News onAr Z P A T :Teri Top lirn ot chine�trsrppyfoyr.p(tri;1 C za"Rltnft�q 'Boat ""c I ny";A1,10plily Community 01 zi People Firms Blogs Forum Carlos Zapata Work Updates Studio SELECTED WORKS New York Academia Follow 14 About Login/Join Profile Projects People Chicago Bears Stadium JW Marriott Hotel Tumberry Ocean Club Contact Profile Admin, Viewing 3 out of 6 projects See all mkoff I flag FIRM BIO CONTACT Carlos Zapata Studio is an award winning master planning, 520 Broadway,8th floor architectural design,interior design and furniture design firm whose United States projects range from professional sports arenas to airport concourses New York,10012 to commercial high rises to private homes Working on projects functional solutions to It. 2129669292 around the globe,CZ8 specializes in finding g a commitment to E3 mkollQcz-studio corn difficult programmatic issues,while maintaining elegance and design excellence 2019 Recent awards Include 2015 award from CTBUH for the Bitexco % www cz-studio tom Financial Tower as one of the 50 most innovative buildings In the world,CNN/corn naming BFT as one of the 50 most iconic View full Contact details - — skyscrapers in the world,consecutive Best Hotel of the Year awards SGdf 3, IU 'qll from the Robb Report Vietnam for the JW Marriott Hanoi,and both the JW Marriott and the BFT were selected for Inclusion in the 2014 Venice Biennale Our current portfolio includes residentlal towers in Singapore and Miami,a two-tower mixed use complex in Angola,the interior design of a clubhouse for the first and only private golf club in St Andrews, and a new modern residential complex in the heart of Quito's historic district PEOPLE j, 0 0 Gly 0 .10- ilk A] . 74 https://archinect.com/firms/cover/42410/carlos-zapata-studlo Page 1 of 2 ti SHORT FORM oxcPt INDEX No. 06-23¢94 SUPREME COURT-STATE OF NEW YORK I.A.S. PART 33 - SUFFOLK COUNTY .PRESENT: Hon. THOMAS F.WHELAN MOTION DATE 10/346 Justice of the Supreme Court MOTION DATE 1 20 6 MOR ADJ.DATES 212102 Mot.Seq.#001 -Mot D Mot.Seq.#002-Mot D -------------------------- — --X In the Matter of the Application of NICHOLAS SCHEYER&JELLENK ESQS. ALIANO, Attys,For Petitioner 110 Lake Ave.So. Petitioner, Nesconset,NY 11767 For an Order pursuant to Article 78 of the Civil SMITH,FINKELSTEIN,LUNDBERG Practice law and Rules Attys.For Respondents 456 Griffing Ave. -against- Riverhead,NY 11901 RUTH D.OLIVA,Chairwoman,GERALD P. GOEHRINGER,JAMES DINIZIO,JR., MICHAEL A.SIMON and LESLIE KANES WEISMAN,constituting the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD and the TOWN OF SOUTHOLD, Respondents. --X Upon the following papers numbered 1 to 23 mad on this amended Articled petition and motion to dismiss :Amended Petition and supporting papers 1-6 _L Notice of MotionfOrder to Show Cause and supporting papers 7-10 ;Notice of Cross Motion and supporting paper; :Answ®ring Affidavits and supporting papers :Replying Affidavits and supporting papers 17-19: 19-21 Other Notice of petition 11-16t Exhibits 22-23 tie.1)it is, ORDERED that this amended petition(#001)fora judgment pursuant to CPLRArticle 78 seeking, among other things an Order directing: (1)that petttzoner is entitled to the reinstatement ora building permi t having established a vested rigtlt to the construction of a single family dwelling,(2)that the Building Department of the Town of Southold and the Town of Southold vtoIated petitioner's civil rights pursuant 1983 of the USCA by issuing a stop work order;(3)that the actions of the Building Department of the own of Southold and the Town of Southold were atliitrary and capricious;(4)that this matter is ripe for review;(5)that the Town of Southold be prevented from stopping petitioner's continued construction under the filed building pplops;(6)that the actions of the Town of Southold violated petitioner's procedural due process underthe FourteenthAmendment ofthe Constitution ofthe United States,(7)that the ZoningBoard FN �J ---- HE MAY 1 5 2019 Soufhold Town B ar of trustees Allan v Town of Southold Index No.06-23694 Page 2 of Appeals of the Town ofSouthold violated the Open Meetings Law of the State ofNew York;(8)that the deprivation of petitioner's constitutionally protected rights was ofBoially adopted and promulgated by municipal officers;and(9)that the Town of Southold's actions were arbitrary,irrational and destructive of petitioner's cognizableproperty interests,is granted only to the extent pending adetermination bythe Court regarding that branch of the petition that the Zoning Board of the Town of Southold violated the Open Meetings Law of the State of New York;that the deprivation ofpetitioner's constitutionally protected rights were officially adopted and promulgated by municipal officers shall be bold in abeyance pending the submission of the respondents verified answer and returnand in all other respects,is denied;and itis further ORDERED that this motion(0002)by respondents seeking an Order pursuant to CPLR 7804(f) dismissing the petition as same is barred by the statute of limitations and fails to state a cause of action,is granted to the extent that the portions of the petition seeking an Order that petitioner is entitled to the reinstatement of a building permit;that the Building Department of the Town of Southold and the Town of Southold violated petitioner's civil rightspursuant§1983 of the USCA by issuing a stop work order,that the actions of the Building Department of the Town of Southold and the Town of Southold were arbitrary and capricious;that this matter is ripe for review;that the Town of Southold be prevented from stopping petitioner's continued construction under the filed building plans;that theTown of Souihold's actions were arbitrary,itTationalanddestructiveofpetitioner'scognizablepropertyinterests; thattheactionsoftheTown of Southold violated petitioner's procedural due process under the Fourteenth Amendment of the Constitution of the United States;and in all other respects,fs denied;and it is Etrrther ORDBRED that the respondents shall submit a verified answer and return within thirty(30)days of the date herein;and it is further ORDERED that the counsel for the petitioner and respondent shall each serve a copy of this Order with Notice of Enupon respective counsel within twenty-five(25)days of the date herein pursuant to CPLR 2130(b)(1),(y2)or(3)and thereafter file the affidavit of service with the Clerk of the Court. ,)This Article 78 vetidon was brought by thepetitioner upon the denial by the Southold Zoning Board ofAppeals(hereinafter 'Board")ofhis application for an areavariance to construct a one faniilyhousewith a full basement on a bluff overlooking-the Long island Sound. The building permit was issued by the Southold Town Board ofTrustees(hereinafter `Trustees)onApril20,2005.ByJuruary5,2006,pedtioner had excavated the area and concrete footings and partial foundation walls were poured. In his affidavit in support of the Article 78 petition,petitionerstates that on the afternoon ofJan 5,2006,the Town of Southold's Director of Code Bnforcement,Edward Forester(hereinafter"Forest appeared at the ob site and conversed with his builder John Dalton (hereinafter"Dalton' Forester informedthebuil'derthattheTawnofSouthold(hereinafter"Town")issued the buiIdingpermit ymistake; that the building being constructed was not set back far enough for the bluff;that the issuance of the permit by the Town had been a ministerial error, that he was going to issue an oral step work order;that this issuance of the oral that work orderwas contested by his agent at the job site who indicated that an oral stop work order was inefYecttve to stop work;and that a Building Department's employee called his agent at the job site and informed him that because the Town made a mistake in issuing the permit,a stop work order was being issued as Forester had stated. Petitioner further states that at the time,the building construction was approved by the Department of Environmental Conservation;that he had permits from the Coastal Erosion Managements the Town's Waste Water Disposal and the Suffolk CountyDepartment ofHealth;that he acquired vestedrrphts because construction had already begun and that he had validpermits;thatin an attempt to cooperatewith the Town in order to obtain the necessary variances,he was told that the Town would walk him through the variance application process;and that in that regard,he hired an attorney to apply for a variance for a relaxation of the set back requirement for the house from the bluff',that during this time period before the first meeting of the Board to hear his application,the chairperson of the Board came to the job site on an almost daily basis to state to Dalton that she was not going to allow anything to be built on the site and ifit was,itwould ECE � 11E M AY 1 5 2019 Southold Town Board of Trustees Aliano v Town of Southold Index No,06-23694 Page 3 be over her dead body. The petition is opposed by respondents who move pursuant to CPLR 7804(0 for an Order to dismiss the petition upon the objections in point of law that the petition is barred by the statute of limitations and fails to state a cause of action, The first hearing before the Board was on March 30,2006,then adjourned to April 27,2006 May 25,2006 and again to June 7,2006. The parties stipulated that the Board would be granted additional time past the statutorily required date under Town Law§267(a) to issue a decision regarding the variance application by petitioner. Theppellate Division,Second Department has restated the rules governing a motion to dismiss in State ofNewpYork v Greece 1 AD3d 470, 800 NYS2d 214[2d Dept 2005n. The Court's inquiry is limited to determitung whether,taking the allegations of the complaint as true and affording plaintiffthe benefit of every reasonable inference,plaintiff has stated a cause of action against one or more defendants E Parsl, any 0 sir.Co.Z vC larkPattersonAssoca,P4, AD3d NYS2d [2d t 2007�;Sirlin v Town of New Castle,35 AD3d 713 826 lff0d 676 galleptb06];Nu eavy v on,ff'arUpts.Co.,LLC, 14 AD3d 479,789 NYS2d l94[2dDept2005]). Yn aappplying the standard,the Court expresses no opinion as to the truth or falsity of the allegations of the complaint or,consequently,as to the conclusions plamtiffargues should be drawn therefrom.On theprnceduralpoature-of the action,these issues are not proporly before the Court. On such a motion,the Court's sole hiquiryis whether the facts alleged in the complaint fit witbin any cognizable legal theory,not whether there is evidentiarysupport for the complaint(see Fast Track Funding Corp.v Perrone,19 AD3d 362,796 NYS2d 164[2d Dept 2005 ; Paterno v CYC LLC 8 AD3d 544,778 NYS2d 700[2d Dept 2004];McGee v City of Rensselaer, 174 Miso2d 491, 693 WSW 949 [Sup Ct,Rensselaer County 19971;Leon v Martinez, 84 NY2d 83,614 NYS2d 972[1994];Morone v Morone,50 NY2d 481,429 NYS2d 592[1980];see also 5II West Z32" Owners Corp.vJMnyerReaTty Co.,98 NY2d 144,746 NYS2d 131[2002];So oloff vHarrhnan Estates Dev. Corp.,96 NY2d 409,729_NY82d 425[20001). Thus,a motion to dismiss for failure to state a claim maybe granted only if it appears certain that under no possible circumstances would the plaintiff be entitled to relief(see Lipsky v Commonwealth United Corp,551 F.2d 887 r2d Cir 1976]). Even if it appears on the face of the pea that recoveryis very remote,the petition will withstand the motion to dismiss as long the petitioner retains a possibility of success(see Schener v Rhodes,416 U.S 232,94,S.Ct.1683,40 L.Ed 90[1974]). On January 5,2006,through his employees on the job site,petitioner was verbally informed that the Town was issuing a stop work order based upon a building penmtt neously issued for the job site, A copy of the stop work order was also nailed to a.tree on the property(see aflE'd Thomas W.Cramer January 22,2007)and mailed on January 5,2007 to the address listed on the tax bills for the subject property,which tax bills was subsequently questioned by Aliano. Tbcroforo,petitioner had notice of the stop work order. A challenge to apublic official's act is governed by a four-month statute of limitations(CFRL 217), which In this case,was that an appeal had to be taken on orbefore May 6,2007. Petitioner's various claims for affirmative relief based upon his allegation that he had a vested right is without merit because of his Allure,as an aggrieved party,to timely assert a claim in order to preserve that claim for judicial review. Statutes of limitation are not to be disregarded by courts out ora vague sympathy for particular litigants(see Carey v International Bhd ofE'lea Workers Local Pension Play 201 F.3d 44 2d Cir 1999]);nor=they open to discretionary changes (see Arnold v Maya)Realty Co.,299 NY 57 [1949]). The statute of limitations generally begins to run at the time the cause of action accrues and generally rims without I intemipdon,notwithstanding any present or subs nt disadvantage which a p is laboring in the I prosecution of the action(see 2B Camtody Wait 2d�§13,210,13:332). Otherwise,the claim is deemed waived and the courts will be precluded from considering the claim in an Article 78 proceeding under the doctrine of exhaustion of administrative remedies,which,in the zoning context requires a party to take an appeal from an adverse zoning decision or interpretation to the zoning board o appeals(see CPLR 7803; FLr MAA 5 2019 Southold Town B and of Trustees r 1 i AS=v Town of Southold Index No.06-23694 Page 4 Town Law§267-a[4;Hays v Walrath,271 AD2d 744,705 NYS2d 441 [3d Dept 20001;Millar v Price, 267 AD2d 363,700 Std 209 [2d Dept 1999];Nautilus Landowners Corp. v Harbor Commn.,232 AD2d 418,648 NYS2d 627[2d Deppt 1996 ;see e.g.Bqolino v Board ofZoning&Appeals of 1ne. V11, Yo Westbury,230 AD2d 794,646 NYS2d 1�9[2d Dept I-996;see also e.g.Trident Realty L.P.vRanning d of Inc. Va of Best Ham ton,248 AD2d 545,669 NY�2d 873[2d Dept 1998];lv app den 92 NY2d 812,680 NYS2d [1998] Petitioner never exhausted his administrative remedies by taking a timely administrative appeal to the Board from the Town's issuance of a stop work order as required in order to bring as action under Article 78(see Young Men's Chrlsdan Assn.v RochesterPure Waters Dist.,37 NY2d 371 372 NYS2d 633[1975]; 12A Carmody-Wait 2d§78:54;2 N.Y.Zoning Law&Prae.§28:00. Under New York law "one who ob'ects to the act of an administrative aggencymust exhaust administrative remedies before being pannitted to litigate in aeourt of law"(WatergatellApts,vBu alo SewerAuth 46 NY2d 52,574NYS2d 821 xr19781 citation omitted;Matter o�jJordan's Partners v oehringer,204 Z2d 453,611 NYS2d 626 V[2_d 15ept 1994];Matter ofPadar Realty Co,v Klein,60 AD2d 533,400 NYS2d 46[1°Dept 197 ,accord etch v New fork State Div.of Hous.&Comrnn�yRenewal,287 AD2d 725,732 NYS2d 68�2d Dept 2001]) "The doctrine furthers the statutory goal of relieving the courts of the burden of deciding questions entrusted to an agency,preventing prematurejudicial Interference with the administrators efforts to develop a cc-ordinated,consistent and legally enforceable scheme of regulation"(Watergate H Apts:v Buffalo Sewer Auth.,46 NY2d 52,supra at 57)and the courts have manifested their unwillingness to become zoning boards of appeal(see Board of Managers v Village o�l'Westhaurptorr Belr.,2000 WL 33911223 (EDNY 2000],judgement a,Jfd. 10 Fed Appx.28[2d Cir,N.Y.20011). , The Board is vested with the authority to review the decisions of the building inspector(see Town Law§267 a[51). Petitioner did not appeal the determination of the building department. Petitioner having failed to exhaust his administrative remedies the issue ofvestedrights cannot bercviewedbythisCourt(see Engert v Phillips, 150 AD2d 752, 542 NYS2d 202 [2d Dept 1989]). Nor is the.doctrine of equitable estoppel available to petitioner as a defense as petitioner was aware of the stop work order which was sufficient to place him under a duty to make an inquiry and ascertain all of the relative facts prior to the expiration of the statute of limitations(see Gleason v Spota, 194 AD2d 764,599 NYS2d 297 2d Dept 19931;see also DeMille v Franklin Gen.Hasp., 107 AD2d 656,494 NYS2d 596[2d Dept 1985#,a d 65 NY2d 728,492 NYS2d 29[1985]). Furthermore,petitioner also failed to demonstrate that an appeal to the Board would be futile and be denied because of the Board's unwillingness to hear an appeal or consider and weigh the facts of the circumstances surround'ngg the issuance of the stop work order(see Miller v Price,267 AD2d 363 suppra' Segaua v Town ofAmenta,309 AD2d 742,765 NYS2d 256[2d Dept 2003];Beyah v Scullyy, 2a 903,533 NYS2d 515[2d Dept 19881;Pfal�''v Columbia-Greerre Community COIL,99 AD2d 887,472 NYS2d 480 [3d Dept 1984])or that the 13oard did not have the power to overrule the decision of the Building Department. Although there is a limited exception to the situation which permits a petitioner to circumvent the requirement for brieg'wg a special pproceedutg pursuant to CPLR 7801 et seq. without exhausting all administrative remedies,where the challenge to state an action is based upon a claim ofunconstitutionalitfyt "this exception to the exhaustion rulo Is a limited one and the exception is'itself subject to qualification... (Dozier vNew York City, 130 AD2d 128 519 NYS2d 135[2d Dept 1987];see also Fiches v City ofNew York,145 AD2d 482,535 NYS2d 434['2d Dept 1988]). 'Where there exists factual issues that may be resolved by an administrative appeal,a petitioner may not circumvent the requirement that he exhaust all administrative remedies by merely asserting that there are constitutional issues(see Fiches v City ofNew York, 145 AD2d 482,supra;Dozier v New York Qy, 130 AD2d 128,supra). Merely claiming a violation of due process or the inadequacy of a hoaxing,which is not the case ECur E � VE M AY 1 5 2019 Southold Town Board of Trustees 1 1 I 11 Aliano v Town of Southold Index No.06-23694 Page 5 herein, is not sufficient to invoke the"constitutionality"exception. A petitioner claiming this type of constitutionalviolation is stillrequired to exhaustall administrativeremedie�s ppriortocommenoingaspecial proceeding in Suprerno Court(see Levine vBoard gfBdua ofthe Ci ofNew Fork 173 AD2d 619,570 NYS2d 200[2d Dept 1991];Beyah v Scully, 143 AD2d 903,supra;Dozier v New York City, 130 AD2d 128,supra). Petitioner was not denied due process because the Board was not required to grant him a hearing regarding the issuance of the stop work order. Further the right to a hearing at any given time and in an given situation is not one created by the Constitutionbut rather,is created and defined by either state or local law(see Cleveland Bd. of Edua v Loudermille, 470 U.S.532, 105 S.CL 1487,84 L.Ed.494 Christopher v Phillips, 160 AD2d 1165, 554 NY82d 370[3d Dept 19901,app den 76 NY2d 706,560 NYS2d 988[1990]). Petitioner's claim that lie has acquired a"vested right"(see Lexstat 9-52D Zoning and Land Use Controls§52D:02)in the permit is misplaced in light of the Building Department's power to issue a stop work orAer• The vested right doctrine only applies when a court has deternuned that apermit was-revoked illegally,that is,there was no basis or authority in law for the work under the permit to be revokedsee In the Matter of Lawrence School Corp.v Morris,167 AD2d 467,562 NYS2d 707[2d Dept 1990]. The "vested rights"doctrine is usually applied Ina situation where apermit is revoked as the result ofa zoning change,which takes place after the permit is issued under theppreviously existing zoning laws(cf.Town of Oran— orvn v Magee,88 NY2d 41 643 NYS2d 211991,Ellington Constr.Corp.,v Zoning Board of Appeals of the Ina N 2M of New hem stead, 77 d 114, 564 NYS2d 1001 [1990];Reichenhach v dwardatSoutleamppton,80Misc2d1031,364NYS2d283[NYSupp.CLI975],,(ud to is U.48AD2d 909,372 NYS2d 985[2d Dept 1975],app dism 38 NY2d 912,383 NYS2d 757 19761,a tlrsm 38 NY2d 710,382 NYS2d 1030[1970. The"vested right"doctrine is applied to prevent a grave loss where there is a change in the law such that the permit is no longer legal and cannot be used under the current law,or where the ppermit is revoked without any legal authority(gf Town o Orangetown v Magee,88 NY2d 41, sapra;Ellington Constr.Corp.v Zoning Board ofAppeals of the Of hL of New Hempstead,77 NY2d 1 I4,s ipra)• There is no question that there was statutory authority to issue the stop work order and there was a rational reason for the Building.Department to issue the stop work order. Therefore,the"vested rights" doctrine is inapplicable.A pernut for a useprohibited by a valid zoning ordinance,regulation orrestnction is void and subject to revocation(see 8 McQuillin Man.Colin§25:153 [71 ed.). A municipal permit issued illegally or in violation of the law or under a mistake of fact,confers no vested right or privilege on the person to whom the permit has been issued and maybe revoked notwithstanding that a maybave acted on the permit;arty expenditures made in reliance uppon such permit is made at his peril"(Commonwealth v Flynn,21 Pa.Commonwealth 264,269,344 A.2d 720[Commonwealth Court of POnnGY1Va1A2 19751; see also Lamar Adv.ofPenn,LLC vPliman,9AD3d734 780NYS2d233[3dDept 200441;12N.Y.Jur. 2d Buildings§62). Neither the issuance of a permit nor the landowner's substantial improvements and expenditures,standing alone,will establish the right(see Sterngass v Town Bd.of 0arkstown,110 AD3d 343 781 NYS2d 131 [2d Dept 2004]citation omitte Thus petitioner's claim of a"vested n t' must be t[enied(see Village of Westhampton v Cayea,38 AD3d W,835 NYS2d 582[2d Dept 2007. Without a vested right,petitioner does not have a claim for violation of due process or a taking without compensation(accord Nicoklokis vRotella,24 AD3d 739,806.NYS2d 7002d Dept 2005];Apple Food Vendors Assoc v City of New York,168 Mise2d 483,638 NYS2d 540[Sup.�L New York County 199511 q d 228 AD2d 282,644 NYS2d 216[[1"Dept 19961,app dims 88 NY2d 1064,651 NYS2d 407 [199bI:app den 89 NY2d 807,655 NYS2d 887[1997]) Therefore,that branch of the petition seeking a determrrratron that the petitioner is entitled to the reinstatement of a building permit having established a vested right in the construction of a single family dwelling;that the Southold TowNuilding Department and the Town of Southold violated petitioner's civil rights pursuant§1983 of the USCA by issuing a stop C C VE M AY 1 5 2010 Southold Town D and of Trustee r -7-10ovko Aliano v Town of Southold Index No.06-23694 Page 6 work order and indicating that there should be no further building under the issued work permit;that the actionsbytheSouthold TowaBuildingDepartmentandtheTownofSoutholdware arbitraryand capacious; that this matter is ripe for review;that the petitioner has established a protectable property interest exist in that petitioner had a vested right under state law to develop the property;that the Town of Southold had acted arbitrarily and capriciously in attem ting to stop all work in attempting to have the petitioner appear Wore the Zone Board of Appeals of the Town of Southhold,which petitioner contends was a useless act; that the building permit be reinstated;that an injunction to prevent the Town of Southold from stopping the petitioner from continuing construction under the filed building pions;that the actions of the Town of Southold violated the Fourteenth Amendment of the Constitution of tho United States in that the petitioner was denied procedural due process,is denied. Furthermore, that branch of the petition seeking a declaration by the Court that the Town of Southold'sactionswere.arbitrary,irrationalanddestructiveofacognizablepropertyintmutofthepe doner based upon the issuance ofastop work order,is also denied due to petitioner's Pailurc to appeal the issuance of the stop work order pursuant to Town Law§267-a(5). The relief pursuant to CPLR 3014 and 3024,requested by the respondents,is denied as the Court Is not empowered to grant such relief; the Court being precluded from granting any relief which is not contained in movont's`Notice of Motion"or,as here,movant's Order To Show Cause(see CPLR 2214; NVorthsWtudios,Inc.v Treccagno14 262 AD2d 469,692 NYS24 161[2d Dept 1999];Arrlaga vMichad Laub, Co.,233 AD2d 244,649 NYS2d 707[la Dept 1996]). Accordingly,the petition and motion are decided as herein indicated. The respondents shall have thirty(30)days from the dated of this Order to submit a verified answer and return.This constitutes the Order andel decision of the Court. QtQz- DATED: P� , . . . �j L"CE E MAY 1 5 2010 Southold Town Board of Trustees i .00\ Allano v.Oliva,72 A.D.3d 944(20 1,'„J- 899 N Y S 2d 330,2010 N.Y.Slip Op.03314 72 A.D.3d 944 West Headnotes(5) Supreme Court,Appellate Division, Second Department,New York. [1] Health In the Matter of Nicholas ALIANO,appellant, Q--- Buildings,structures,and building V. components Ruth D.OLIVA,etc.,et al.,respondents. Property owner failed to exhaust his administrative remedies with respect to his April 20,2016. challenge to building inspector's stop work order, as required to obtain judicial review, Synopsis in an Article 78 proceeding, of determination Background: Property owner commenced proceeding of town's director of code enforcement under Article 78, seeking review of a determination of confirming the stop work order,where he did town's director of code enforcement'confirming a building not appeal issuance of the stop work order inspector's stop work order,The Supreme Court,Suffolk within 60 days after it was filed. McKinney's County, Whelan, J., 2007 WL 2814551, granted in part Town Law § 267—a(4), (5)(b); McKinney's defendants' motion to dismiss. Owner appealed. The CPLR 7801. Supreme Court, Appellate Division, 52 A.D.3d 507, 857 N.Y.S.2d 914, dismissed the appeal for failure to state a 3 Cases that cite this headnote cause of action, and for failure to exhaust administrative remedies.After defendants answered remaining branches of the petition, the Supreme Court, Suffolk County, [2] Zoning and Planning entered judgment in favor of defendants.Owner appealed. Exhaustion of administrative remedies; primary jurisdiction Property owner's failure to exhaust his administrative remedies with respect to his Holdings: The Supreme Court, Appellate Division, held challenge to building inspector's stop work that: order did not foreclose judicial review, in proceeding under Article 78, of his separate [1] owner failed to exhaust his administrative remedies challenge to denial by town zoning board with respect to his challenge to the stop work order;but of appeals of his application for an area variance, where those challenges involved [2] owner's Failure to exhaust his administrative remedies different,and possibly inconsistent,remedies; with respect to his challenge to the stop work order did not specifically, owner's application for an area foreclose judicial review of his separate challenge to denial variance was an implicit concession that his of his application for an area variance;and construction activities were not to compliance ' with applicable provisions of the zoning [3] determination by town's zoning board of appeals to code, and that there was a rational basis deny owner's application for an area variance was not for issuance of the stop work order on illegal, had a rational basis, and was not arbitrary and ground of noncompliance with the zoning capricious. code.McKinney's CPLR 7801 et seq. 2 Cases that cite this headnote Affirmed. DL II k ,is L J [3] Zoning and Planning e- Right to variance or exception,and [!M AY 1 5 2019 discretion A Zoning and Planning bWESTLAW ©2018 Thomson Reuters. No claim to original U.S.Government Works. Aliano v.Oliva,72 A.D.3d 944(20':.,x'' 899 N.YS.2d 330,2010 N.Y.Slip Op 03314 or- Variances and exceptions Zoning and Planning Attorneys and Law Firms ,0-- Illegality Zoning and Planning **331 Scheyer &Jellenik,Nesconset,N.Y. (Richard I. C— Variances and exceptions Scheyer of counsel),for appellant. Local zoning boards have broad discretion Smith, Finkelstein, Lundberg, Isler &Yakaboski, LLP, in considering applications for variances, Riverhead, N.Y. (Frank A. Isler of counsel), for and judicial review is limited to determining respondents. whether the action taken by the board was illegal,arbitrary,or an abuse of discretion, A. GAIL PRUDENTI, P.J., WILLIAM F. MASTRO, ANITA R.FLORIO,and LEONARD B.AUSTIN,JJ. 2 Cases that cite this headnote Opinion (41 Zoning and Planning *944 In a proceeding pursuant to CPLR article 78,inter 0- Decisions of boards or officers in general alia, to review a determination of the Director of Code Enforcement of the Town of Southold dated January 6, Zoning and Planning � Decisions of boards or officers m general 2006,confirming a stop work order issued in connection with constructionron the petitioner's property, and a Zoning and Planning determination of Zoning Board of Appeals of the Town of r&— Illegality Southold dated August 31,2006,denying the petitioner's The determination of a zoning board should application for an area variance, the petitioner appeals be sustained upon judicial review if it is not from a judgment of the Supreme Court, Suffolk County illegal,has a rational basis,and is not arbitrary (Whelan,J.),entered February 10,2009,which,upon an and capricious. order of the same court dated June 10, 2007, granting those branches of the respondents' motion which were 2 Cases that cite this headnote pursuant to CPLR 3211(a) and 7804(f) to dismiss, for failure to state a cause of action and because the petitioner 151 Zoning and Planning failed to exhaust available administrative remedies,those 0- Area variances in general branches of the amended petition which were to annul Determination by town's zoning board of the determination dated January 6, 2006, to annul the appeals to deny property owner's application determination dated August 31, 2006, on the grounds for an area variance was not illegal, had that it deprived the petitioner of vested rights, deprived a rational basis, and was not arbitrary him of property in the absence of due process, and and capricious, where the board properly constituted an unconstitutional taking of private property considered the relevant statutory factors, for a public purpose without just compensation,to compel and rationally concluded, based on evidence the reinstatement of a building permit,and to enjoin the in the record, that variance sought was respondents from interfering with the construction work substantial and self-created,and that granting and, in effect, denying that branch of the petition which of the requested area variance would was to annul the determination dated August 31, 2006, have an undue adverse impact on the on the ground that it was arbitrary and capricious, and physical and environmental conditions of upon an order of the same court dated December 16,2008, the relevant neighborhood and produce an denying those branches of the petition alleging violations undesirable change in the character of the of Town Law§267 and the Open Meetings Law(Public neighborhood.McKinney's Town Law§267— Officers Law art. 7), is in favor of the respondents and b(3);McKinney's CPLR 7803(3). against him dismissing the proceeding. 1 Cases that cite this headnote **332 ORDERED that the,judgment is affirmed,with costs. WESTLAW ©2018 Thomson Reuters. No claim to original U.S.Government WC I fl MAY 1 5 2019 Southold Town Board stees Aliano v.Oliva,72 A.D.3d 944(20(1- 899 N.Y.S 2d 330,2010 N.Y.Slip Op 03314 *945 On November 4, 2005, the petitioner obtained a him of property in the absence of due process, and building permit from the Town of Southold to construct constituted an unconstitutional taking of private property a one-story house with a 42-foot setback on a bluff for a public purpose without just compensation, to overlooking the Long Island Sound (hereinafter the compel the reinstatement of a building permit, *946 permit).The Town's Director of Code Enforcement issued and to enjoin the respondents from interfering with the an oral stop work order on January 5,2006,and confirmed construction work.The Supreme Court,in effect,denied that determination in writing on January 6, 2006, after that branch of the amended petition which was to annul finding that the permit was mistakenly issued in violation the determination dated August 31,2006, on the ground of the local zoning ordinance, which requires a 100-foot that it was arbitrary and capricious.The Supreme Court setback from the edge of the bluff. denied those branches of the respondents'motion which were to dismiss those branches of the amended petition The petitioner applied to the Zoning Board of Appeals of alleging violations of Town Law § 267 and the Open the Town of Southold(hereinafter the ZBA)in February Meetings Law. 2006 for an area variance permitting him to resume construction with a reduced setback. After a series of After the respondents answered the remaining branches hearings which commenced in March 2006, and upon of the amended petition,the Supreme Court,in an order the ZBA's receipt of additional written submissions, the dated December 16, 2008, denied those branches of the ZBA denied the application for the area variance in a amended petition which alleged violations of Town Law§ determination dated August 31,2006. 267 and the Open Meetings Law. The petitioner commenced this CPLR article 78 On February 10, 2009, the Supreme Court entered proceeding against the ZBA,its members,and the Town a judgment which, upon the orders dated June 10, (hereinafter collectively the respondents) on September 2007, and December 16, 2008, was in favor of the 5, 2006. In an amended petition, the petitioner sought, respondents **333 and against the petitioner dismissing inter alia, to annul the determination dated January 6, the proceeding.We affirm the judgment. 2006,confirming the stop work order,to compel the ZBA to grant the application for an area variance, to annul [1] "It is hornbook law that one who objects to the the ZBA's determination denying the area variance on act of an administrative agency must exhaust available the grounds that the determination was arbitrary and administrative remedies before being permitted to litigate capricious, that the ZBA and the Town violated the in a court of law" (Watergate II Apts. v. Buffalo Sewer procedural requirements of Town Law§267 and the Open Auth., 46 N.Y.2d 52, 57, 412 N.Y.S.2d 821, 385 N.E.2d Meetings Law (Public Officers Law art. 7) in denying 560;see Matter of Goldberg v. Incorporated Vil. of Roslyn the variance application, and that the ZBA and other Estates, 61 A.D.3d 756, 877 N.Y.S.2d 199; Matter of Town officers officially adopted and promulgated a policy Lucas v. Village of Mamaroneck, 57 A.D.3d 786, 871 effecting the deprivation of his constitutional rights. N.Y.S.2d 207). In the case at bar, the petitioner was required to appeal the issuance of the stop work order The respondents moved to dismiss the amended petition to the ZBA within 60 days after the filing of the stop on the grounds, inter alia, that the petitioner failed to work order on January 6, 2006 (see Town Law § 267- exhaust his administrative remedies and that the amended a[4], [5] [b]; Code of Town of Southold § 280-146.A; petition failed to state a cause of action. In an order § 280-153). However, although the petitioner applied dated June 10, 2007, the Supreme Court granted those for a variance in February 2006 (see Code of Town branches of the respondents'motion which were pursuant of Southold § 280-146.11), the record is devoid of any to CPLR 3211(x) and 7804(f) to dismiss, for failure evidence that he appealed the stop work order at any to state a cause of action and because the petitioner time after it was issued.Consequently,the Supreme Court failed to exhaust available administrative remedies,those properly determined that the petitioner failed to exhaust branches of the amended petition which were to annul his administrative remedies with respect to his challenge the determination dated January 6, 2006, to annul the to the stop work order, which extinguished his right to determination dated August 31, 2006, on the grounds judicial review of that determination(see CPLR 7801;see that it deprived the petitioner of vested rights, deprived Matter of Goldberg v. Incorporated Vil. of Roslyn Estates, Rp7Fp F, iL- a V W11-ST.AW ©2018 Thomson Reuters. No claim to original U.S.Government Works. MAY 1 5 2019 Southold Town a of Trustee Aliano v.Oliva,72 A.D.3d 944(20.^61 �1L40 ' 899 N.Y S 2d 330,2010 N.Y.Slip Op.03314 61 A.D,3d 756, 877 N.Y.S.2d 199; Matter of Lucas v. and is not arbitrary and capricious (see Matter of Sasso Village of Mamaroneck, 57 A.D.3d 786, 871 N.Y.S.2d v. Osgood, 86 N.Y.2d 374, 384, 633 N.Y.S.2d 259, 657 207). Accordingly, the Supreme Court correctly granted N.E,2d 254;Matter of Roberts v. Wright, 70 A.D.3d 1041, that branch of the respondents' motion which was to 896 N.Y.S.2d 124;Matter of Gallo v Rosell, 52 A.D.3d at dismiss, for failure to exhaust administrative remedies, 515,859 N.Y.S,2d 675). that branch of the petition as sought to annul the stop work order, In determining whether to grant an application for an area variance,a town's zoning board is required to engage The Supreme Court properly granted those branches of in a balancing test weighing the benefit to the applicant the respondents' motion which were to dismiss those against the detriment to the health, safety, and welfare branches of the amended petition alleging a deprivation of of the neighborhood or community if the variance is vested and *947 constitutional rights,and seeking related granted (see Town Law § 267-b [31; see also Matter of injunctive relief, since the allegations contained in those Roberts v. Wright, 70 A.D.3d 1041,896 N.Y.S.2d 124;cf branches of the amended petition,even if true,do not state Matter of Tsunis v. Zoning Bd, of Appeals of Inc. Vil, of a cause of action (see generally Bower Assocs, v. Town Poquott, 59 A.D 3d 726, 727, 873 N.Y.S.2d 733; Matter of Pleasant Valley, 2 N.Y.3d 617,781 N.Y.S.2d 240, 814 of Gallo v, Rosell, 52 A.D.3d at 515, 859 N.Y.S.2d 675). N.E.2d 410;of Town of Orangetown v. Magee, 88 N.Y.2d The zoning board must also consider whether: (1) an 41,643 N.Y.S.2d 21,665 N.E,2d 1061). undesirable change will be produced in the character of the neighborhood,or a detriment to nearby properties will 121 [31 141 The petitioner's failure to exhaust be created by the granting of the area variance, (2) the administrative remedies in connection with his judicial benefit sought *948 by the applicant can be achieved by challenge to the stop work order does not foreclose judicial some other method, other than an area variance,feasible review of his separate challenge to the ZBA's denial of for the applicant to pursue,(3)the required area variance his application for an area variance since those challenges is substantial, (4) the proposed variance will have an involve different,and possibly inconsistent,remedies(see adverse effect or impact on the physical or environmental generally Matter of Level 3 Communications, LLC v. conditions in the neighborhood or district, and (5) the DeBellis,72 A.D.3d 164,895 N.Y.S.2d 110, 113[2d Dept. alleged difficulty was self-created (see Town Law§267- 2010]; Town of Orangetown v. Magee, 88 N.Y.2d 41, 643 b[3][b];see also Matter of Roberts v. Wright, 70 A.D.3d N.Y.S.2d 21, 665 N.E.2d 1061; compare Code of Town 1041, 896 N.Y.S.2d 124; Matter of Gallo v. Rosell, 52 of Southold§280-146.A with Code of Town of Southold A.D.3d at 515,859 N.Y.S.2d 675) §280-146.13). Specifically,the petitioner's application for an area variance constitutes an implicit concession that [51 Here,the ZBA's determination to deny the petitioner's his construction activities were not in compliance with the application for an area variance was not illegal, had applicable provisions of the zoning code, and that there a rational basis, and was not arbitrary and capricious, was a rational basis for the issuance of the stop work order since the ZBA properly considered the relevant statutory on the ground of noncompliance with the zoning code. factors, and rationally concluded, based on the evidence With respect to the merits of the petitioner's challenge to in the record, that the variance sought was substantial the ZBA's denial of his application for an area variance, and self-created, and that the granting of the requested Iocal zoning boards have broad discretion in considering area variance would have an undue adverse impact on applications for variances, and judicial review is limited the physical and environmental conditions of the relevant to determining whether the action taken by the board was neighborhood and produce an undesirable change in the illegal, arbitrary, or an abuse of discretion (see Matter character of the neighborhood (see generally Matter of of Pecoraro v. Board of Appeals of Town of Hempstead, Pecoraro v Board of Appeals of Town of Hempstead, 2 N.Y.3d 608, 613, 781 N.Y.S.2d 234, 814 N.E.2d 404; 2 N.Y.3d 608, 781 N.Y.S.2d 234, 814 N.E.2d 404). **334 Matter of Ifrah v, Utschig, 98 N.Y.2d 304, 308, Accordingly, the Supreme Court properly, in effect, 746 N.Y.S.2d 667, 774 N.E.2d 732; Matter of Gallo v. denied that branch of the amended petition which was to Rosell, 52 A.D.3d 514, 515, 859 N.Y.S.2d 675). Thus, annul the ZBA's determination on the ground that it was the determination of a zoning board should be sustained arbitrary and capricious(see CPLR 7803[3]). upon judicial review if it is not illegal,has a rational basis, In V E WESyt.AW ©2018 Thomson Reuters, No claim to original U.S.Government Works. IL �2 L� I� ID MAY 1 5 2019 Southold Town a of Trustee Aliano v.Oliva,72 A.D.3d 944(215";.,i' - 899 N Y.S 2d 330,2010 N.Y.Slip Op.03314 Furthermore,even if the ZBA violated the Open Meetings City of Glen Cove, 203 A.D.2d 362, 610 N.Y.S.2d 305; Law when it denied the petitioner's variance application cf. Matter of Wilson v. Board of Educ. Harborfields Cent. on August 31, 2006, that determination was made after School Dist.,65 A.D.3d 1158,885 N.Y.S.2d 207,Iv.denied a series of public meetings, and also after June 8, 2006, 13 N.Y.3d 714,2009 WL 4845148; Matter of Halperin v. the agreed-upon date by which the petitioner and other City of New Rochelle, 335 24 A.D.3d 768, 777, 809 interested persons were permitted to submit additional N.Y.S.2d 98). information for the ZBA's consideration.Accordingly,the circumstances are not sufficient to warrant the annulment The petitioner's remaining contentions are without merit. of the ZBA's determination on the ground that the ZBA's determination was made in violation of lawful procedure All Citations or was affected by an error of law by virtue of a violation of the Open Meetings Law (see Public Officers Law § 72 A.D.3d 944, 899 N.Y.S.2d 330, 2010 N.Y. Slip Op. 107[1]; Matter of Cipriano v. Board of Zoning Appeals'of 03314 End of Document ©2018 Thomson Reuters.No claim to original U S Government Works. MAY 1 5 2019 Sout,iold To,vn Board of llrusieps WESTLAW 0 2018 Thomson Reuters. NO claim to original U.S.Government Works. 5 t i] E C E � E MAY 1 5 2019 Southold Town Board of Trustees l Twomey, Latham, MAILING ADDRESS: Shea, 1 Kelley Dubin & Quartararo LLP Post Office Box 9398 Riverhead,New York 11901.9398 Attomeys at Law MAIN OFFICE: Thomas A.Twomey,Jr. P 33 West Second Street (1945.2014) Riverhead,New York 11901.9398 Stephen B.Latham Telephone:631.727.2180 John F.Shea,III Facsimile:631.727.1767 Christopher D.Kelley March 28, 2018 www.suffolklaw.com David M.Dubin o Jay P.Quartararo Peter M.Mott mfinnegan@suffolklaw.com Janice L.Snead Extension 265 Anne Marie Goodale Direct Fax:631.727.1767 Bryan C.Van Cott• , Kathryn Dal Ii Laura 1.Dunathan �p}a Lisa Clare Kombrink BY HAND Patrick B.Fife Martin D.Finnegan. MAR 2 2018 Reza Ebrahimi Southold Town Zoning Board of Appeals Jeffrey W.Pagano Attention: Leslie Kanes Weisman, Chairperson Bryan J.Drago 54375 Main Road, P.O. Box 1179 ZONING BOARD�FAIy;� l.� Bernadette E.Tuthill Craig H.Handler Southold,NY 11971-0959 Alexandra Halsey-Storch Melissa S.Doris Daniel R.Bernard• Re: Application for Variances Lorraine Grinko 1505 Birdseye Road LLC Loraine Paceleo � Jessica M.Klersy ZBA File No. 7140 CFCOUNSEL Suffolk County Tax Map No. 1000-17-1-4 Kevin M.Fox Kelly E.Kinirons Karen A. Patricia J.Rticscll• Dear Chairperson Weisman and Board Members: Jennifer P.Nigro NY&LABARS This office represents John Josephson and Carolina Zapf, owners of the home and 1 LL tNTA%ATI- • NYN1NJ&MRS rA 5411b properties located at 1515 Birdseye Road, 900 Birdseye Road and 700 Birdseye Road, NY M and identified on the Suffolk County Tax Map as 1000-17-2-1.11, 6.5 and 1.14, respectively, which three properties are immediately adjacent to and directly south of the property owned by 1505 Birdseye Road, LLC (the"Applicant") located at 1505 Birdseye Road (SCTM 1000-17-1-4) (the"Subject Parcel"). At the public hearing of this Application on March 1, a question arose regarding the delineation of the "Top of Bluff'on the survey submitted by the Applicant. Our clients' expert, Mr. Bob Grover,offered testimony that the bluff line on the survey, erroneously labeled "Top of Bank,"did not appear to be consistent with the definition of"Top of Bluff" in the Town Code. I am attaching hereto a letter from Mr. Grover, dated March 21, 2018, which confirms that the location of the Top of Bluff is actually 12.9 feet further landward than the line previously delineated by the Applicant. The convect location of the Top of Bluff is delineated on the survey attached to Mr. OTHER OMCE L0CAn0NS• Grover's letter. 20 Main Street East Hampton,NY 11937 631324.1200 It is clear from Mr. Grover's calculation of the Top of Bluff that the magnitude of 51 Hill Street the relief required from the Town Code's 100-foot bluff setback is exceedingly Southampton,NY 11968 substantial and will undoubtedly create an undesirable change in the character of the 631.287,0090 neighborhood. The Josephsons renew their objections to this Application and their 490287.WheelerRoad Suite 150 Hauppauge, 11788 D E C [�1� li � E 631.265.14144 V 11 L�-� 56340 Main Road P.O.Box 325 Southold,NY 11971 M AY 1 5 2019 631.765 2300 Southold Town aroTsee 4 ! ; Ms. Leslie Kanes Weisman& Board Members March 28, 2018 Page 2 of 2 contention that the detriment to the environment caused by the granting of a 63% variance from the 100-foot bluff setback requirement far outweighs any benefit to the Applicant. It is therefore requested that the Application be denied in its entirety. Respe ubmitted, Martin . innegan MDF/lk Enclosure cc: Southold Town Trustees (w/encl.)(By Hand) ECEE k/ fes M AY 1 5 2019 Southold Town Board of Trustees I � GPIEngineering Design I Planning I Construction Managen VIA HAND DELIVERY Southold Town Zoning Board of Appeals March 21, 2018 Attention: Leslie Kanes Weisman, Chairperson 54375 Main Road P.O. Box 1179 Southold,NY 11971 D E S O � E Re: Application for Variances MAY 1 1505 Birdseye Road,LLC 5 2019 ZBA File No. 7140 Suffolk County Tax Map No. 1000-17-1-4 Southold town B a d of Trustee Dear Chairperson Weisman and Board Members: On March 1,2018, I presented testimony in opposition to the referenced application,based on my expertise in coastal sciences and the physical processes that drive the behavior of coastal bluffs. That expertise was summarized in my previous letter to the board and in my resume which was attached. In the course of my March 1 testimony, I pointed out that there was an error in the delineation of the top of bluff on the applicant's survey,which, also, was erroneously labeled as the"top of bank". The purpose of this letter is to present my determination of the top of bluff,which when correctly shown on the survey, brings the proposed development closer to the top of bluff than represented in the application,and also,to briefly discuss an element of coastal dynamics that I neglected to mention on March 1. Attached is a copy of the applicant's survey on which I marked the correct Top of Bluff in accordance with the definition in the Town Code. By measuring on the survey,I was able to determine that the actual top of bluff is 12.95 feet further landward than the line previously delineated as"top of bank". My calculations are presented on the attached survey copy. This brings the applicant's proposed structure closer to the top of the bluff than 40 feet, a very unsafe distance and not in keeping with the purposes of the Town's bluff Setback ordinance. In making my determination, I also consulted the NYSDOT high resolution LIDAR survey data for the property, so that I could consider the topography beyond the limits of the subject property. A copy of the LIDAR survey, is attached, as well. Since I did not raise this issue on March 1, I would like to take this opportunity to briefly discuss sea level rise, and its potential and likely impact on the bluff. The official NYSDEC medium range projection for thirty years into the future is that sea level rise in the Long Island region will be about 16 inches. The high- medium range projection,which I favor, is 21 inches. This rate of sea level rise is expected to have a Greenman-Pedersen.Inc 325 West Main Street Babylon NY 11702 p 631-587.5060 devastating impact on the coastal bluffs on Long Island, as the bluff face will be subject to much more frequent wave attack,and bluff failures will occur with increasing frequency. It important to point out a critical difference between the erosion of sandy beaches and that of coastal bluffs. Sandy beach and dune formations have the ability to recover from storm damage, as gentler waves typically return some percentage of the eroded sand back to the beach. Conversely, bluff erosion is not recoverable. It is permanent, unless one wants to wait for the next glacier. Since thirty years is a reasonable planning horizon for a residential structure,this rate of sea level rise really highlights the necessity to strictly enforce bluff setbacks in the Town. Based on the correctly delineated top of bluff, and adding additional concern over the projected rate of sea level rise in the next 30 years, I am even more concerned about the wisdom of the applicants proposed plan. I strongly recommend denial of the application. Sincerely, �()\5'1�-A"� Robert Grover Vice President, Director of Environmental and Coastal Sciences D ECEDVE [:MA:Yl 2019 Southold town B and of Trustees GPI F SOUTHOLD, �� ,:i- 4o- ,. ✓'���fad �c.,y, .i ... 1 c;�n - Ir �`� �� .. r:•.. 4 �� ,, art ' _.. :� P lh �"°Yr� 'j(�r1` ",344�� ,��.•�•°_. q.•�\�`.`k a:iy..� "-i � '.fij` IE r' ♦, sitt�yy�. 1 �'.n, a 1 'cr1 '14 s , r A ,a - f. `�i"t' i Li#b� 1 'ziri�,� � �:r � :r. ;ri / - � � 'Y. s'j• � w7 `'.t- •�' r '� s.ri;t� � ,;� ����f' �.N �'.�r� . . .. _`,.. �F '�j r` J J f ',y�✓yr i�t�• ! ��s,.e 10•) •mil r ~`3 1 1., '�`�r r „C��d✓��+ �. � ra !� ✓ .,..s a"�e"�ra9�ir�`�i S�' t.�V J.. � �f�;,i j 1fl- Yfi Jl"i 7� 'YE- `:�� sI rP lE 'Sr i ,•`�.: ,Y P -r / j ..;�' `� '°• r n �a .. - ./ 'r F � '. ?µQ .e, l ._ ''�,{'. ,.rµ,♦ r r .v'�aa�rj� $fi t1t}� fi. ' .' +`• { �a A �'�,. t t•L, ii! -tib F t n - r rf! >'r '� �'as r_-, i ' ,m•� t.r. ,h m" .. �� •`�'/f / -,�� !!'.a i.^f a� •,'R ±T'••r of $� __• .. r R 7�!k r'S a•., �i9 .'�+ c'--i ;.�t'•�-"`' � '.' �}�t .li-�' i f�' 1 r''.4 �i .i ��� h• 7fr � ;A 7 G I M �'�' ` .,.>~7.-,yr a.r r.. 1;: `\� .-��a `j�� j'' Y.f�3Stq;�}'' h... �'�i'Y�,Y�:•1�'1 :l (;tll. •.� �: 4�• ,�`��--'•'rSy' :I/;r;' i •r��� w. '=� tin } :'��a�',. ,� � a:,�.� •'% � Jr .�:i��£. /. f',t• 1%'� kTl �� t -. LUQ t rt-� ,��t �"� �11 ;�•; � �7..� .i� qtr a�i�' � �•� �i� hpY.� ::r � % i�F• 1.�� u �hY R��.�� '.1'�� jI •� 1�.s: 1�.Y.�•��''~'?'Y' • �-. r• wl ^3 , r.. Y �•'Y t d• I^-ti jh ,�. I.e, � � W� `�,�,..,• .�5 7' ! , r ' ° �`.�-����Q-•�-- !L 1- ':'t1S +1� a -;raj j} ,1 »Y� �rtrL .+ F: „w. •^ ..'y `s`,�.• �'4 1. '_ jYY7"f } ij a� rT .f'' •". 3 .'33r ,'�` • ' �^-•x `� ` r;�,a � ♦: �.•Sh. °F'� .'jfjL,rt.�f��l �� � •s� Yr. (i3"u •�,-+ �� ...o t;' !/ "d At 4 :�` � �^'o)' < frf�Y A- -� � � aye;! a•.. -rS 7,j: 2 Ye••'� . �1A�Yaw ^� .,rt Z-!"t `'�- .. � ? r ' ' _ fir. �}r .• .. � .. 2.`f'. yfw. '3.�v}� :. ,-._ k',r•-- "� 1.�4� J�1# ' :,:' .:•trf" .. ..r:a'."�"��••r�Ct•..-se+•. ..... .. ....•. :c.''�`;•..v:" �.+'s� rfr'� .! ?3n �_� Jf�tr ..o� N SURVEY OF PROPERTY AT ORIENT P� TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SCAM 0 ! /lp V, w oZ i tI rMalaa�a mu ou�ln -r � avuwlr s mu lrmnaat RECEIVED 1 M NOV a 1 2017 ZONING BOARD OFADAEgLg 1ARa 1, i veatrsfor 94 IS l i �'{bC a 6ArK TD t c('of Qr•rGy r 13% `tb nHa •.,�n p.2 o v G a i r i /r��rFl TEsr Naet aArA Opp n trr rwnr raw worar .s rfi" M OM14 M 4�t \ +�� \ Mir 'rO�wlAIr NUS+¢rr LL n• \ wiwwMOw eNm sub ¢ \\ bD[IC IId1 � wM r row M m oL4q swa a G \ sr mm om amxma0lr marsw.d 9. \ .-NavvNcwr CDk trop MAN f olo N n�Emvelud e Ilnu ban FRY 36105CCW4H } a d eenlnm �� QLYAMM Ano COMS UMN ARC ROTROMED rD NA VQ AREA= 1.366 ACRES TO TIE LINE 7 b 1—fanfbr x1111 the S/ANDARW FM APMOVAL AND ccns R xmw Or SJDSMACE SENCE OMPOSAl SISn w CCS FM SN=AAMY AC269 .d.9 aW rr Mr a W&7r Off k0h OW h awl on Mr prwff fe ce gmxt a `,o,ti1•p\ 1M foeerirl of ash end mlA�odr rho-ho. wn . fan ffdd afmwf6nr and a Mm dofo rbf~Dom oth— Awr A10304"M Amnpf b Orr Vw a A Y4AMW •• s Nd ld W rmnM""Cr DC MWMitt rblr m VX LAW11AN ROA!) /� aac� M v LMIM AT M=l KW nor-8A11rAKW A Alt OPOW a rR. 15) P64��PY ifs-uHa mnor AIC rAtn to 6R mopAw eva name OIr/ ON Wm rmaso== SEW or 6r swlna t7J0 1101 srouDfatD.Nr.rr�n 12-260 E C E VC tm MAY 1 5 2019 Southold Town Bo ard of Trustees 1 � oEcE VLEf �-1 M AY 1 5 2019 Southold Town Board of Trustees v Twomey, Latharr�; Celebrating Our 45th Year MAILING ADDRESS. -YO Shea, Kelley, Dubin & Quartararo LLP Post Office Box 9398 Riverhead,New York 11901.9398 Attomeys at Law MAIN OFFICE- Thomas A Twomey,Jr 33 West Second Street (1945-2014) Riverhead,New York 11901-9398 Stephen B Latham Telephone:631,727.2180 John F Shea,III Facsimile:631.727.1767 Christopher D Kelley David M.Dubin o www.suffolklaw.corn Jay P.Quartararo t Peter M Mott mflnnegan@suffolklaw.com Janice L Snead May 2,2018 Anne Marie Goodale Extension 265 Bryan C Van Cott• Direct Fax:63 1.727.1767 Kathryn Dallt VIA HAND DELIVERY Laura I.Dunathan Lisa Clare Kombnnk Patrick B.Fife Southold Town Zoning Board of Appeals MartinD Finnegan. �•C1� � Reza Ebrahttnt Attention: Leslie Kanes Weisman, Chairperson dLGdd �r y Jeffrey W.Pagano 54375 Main Road MQ'Y(0 Bryan) Drago P.O. Box 1179 Craig H.Bernadette Handler eE Tuthill Southold,NY 11971 Craig H. Alexandra HalseyStorch Melissa Doris Katerma Gnnko Re: Application of for Variances Z Lorraine Peceleo 1505 Birdseye Road LLC Jessica M Klersy y f Terrence Russell ZBA File No. 7140 CFCOUNSM Suffolk County Tax Map No. 1000-17-1-4 Kevin M.Fox Kelly E Kinirons Karen A.Hoeg Dear Chairperson Weisman and Board Members: Patricia) Russell allp Jennifer P Nigro , NYeineaes This office represents John Josephson and Carolina Zapf, owners of the home I U-M arTAxArioN • NYhJ&PA BARS NY,NJ�PA and properties located at 1515 Birdseye Road, 900 Birdseye Road and 700 Birdseye . Road, and identified on the Suffolk County Tax Map as 1000-17-2-1.11, 6.5 and 1.14, respectively,which three properties are immediately adjacent to and directly south of the property owned by 1505 Birdseye Road,LLC(the"Applicant")located at 1505 Birdseye Road(SCTM 1000-17-1-4) (the"Subject Parcel"). We submit this letter in further opposition to the Applicant's request for increasingly substantial area variance relief, and to address documents and comments submitted since the last public hearing on March 1, 2018,which was adjourned after questions were raised regarding the actual location of the top of bluff on the Subject Parcel. It is apparent from the record that this Board requested comment from the Board of Trustees and the Town Engineer's office regarding the location of the top of the bluff on the Subject Premises. Trustee Jay Bredemeyer apparently flagged the top of bluff at a location that is less than 37 feet from the proposed construction. His OTHER OFFICE LOCATIONS markings were memorialized on a recently submitted survey and corroborated by the 20 Main rap eetNY 11937 Town Engineer's analysis of County LIDAR data.Although the Applicant has already East 6313241200 conceded that his initial request for a 50 foot variance was substantial, it is clear that 51 Hill Street he now needs a variance of more than 63 feet from the required 100 foot setback to Southampton,NY 11968 proceed with his proposed construction and the proposed location for the 6 028 square 631287.0090 p p P P P q 490 Wheeler Road foot dwelling. As explained in more detail in our prior submission, including our Suite 150 Hauppauge,NY 117889 ` r 6312651414 f E A.r E I E 56340 Main Road L P.O.Box 325 f �) 631.765 2300 11971 M AY 1 5 2019 f� Southold Town Board oTrse Leslie Kanes Weisman, Chairperson May 2,2018 Page 2 letter dated February 28,2018 and its enclosures,relief of this magnitude is entirely contrary to the precedent set by this Board in the Matter of Aliano v. Oliva case, a decision by this Board to deny a 50-foot variance for a proposed 1,600 square foot house from the top of the bluff,that was upheld by the Supreme Court, Suffolk County, and affirmed on appeal by the Appellate Division, Second Department. For the reasons stated in those decisions, and those set forth below,we once again submit that the Applicant's request for variances should be denied. It is respectfully submitted that the comments offered by the Board of Trustees in their April 13, 2018 memorandum to this Board do not come close to compelling the granting of the very substantial variance relief requested by the Applicant.In that memorandum,Mike Domino references a field inspection of the Subject Premises that occurred on April 11,2018,an off the record discussion that took place there between unidentified persons, and then reaches the astonishing conclusion that the Trustees are satisfied that the proposed construction merely 36.7 feet from the top of bluff achieves their stated goals,which include"the need to preserve the vegetation that stabilizes the bluff', and the"need to preserve the low lying area in the southeast corner of the property". It is inconceivable that the construction of a 6,028 square foot dwelling, surrounded by a terrace,pool and pool deck almost entirely within the setback area protected by Section 280-116 of the Town Code, achieves,the goal of preserving vegetation that stabilizes the bluff. To the contrary,the clearing required to complete this massive construction project will decimate the surrounding vegetation and undoubtedly enhance bluff erosion. (See ZBA's findings in Matter of Aliano,which included that the proposed 1,600 square foot house 50 feet from the top of the bluff would introduce impermeable surfaces and alter the soil structure causing"accelerated recession"'which could result in damages to the neighboring properties and to the proposed dwelling.) Noticeably absent from the memorandum and the record is any explanation of how this proposed construction will serve to achieve that goal. There is,however, ample evidence in the record,proffered by Robert Grover,an environmental scientist, and Architect Mark Matthews,that demonstrates that the Applicant can locate the house in a conforming location on the property,without the need for any setback relief from this Board. Of course,by doing so would indisputably preserve the vegetation that stabilizes the bluff. The Trustees' memorandum also offers no explanation or substantiation for the alleged need to preserve low lying area in the southeast corner of the property. That area is clearly outside of the Trustees'jurisdiction(see,Town Code Section 275-3(C)),and,unlike bluffs, low lying areas are not protected by express provisions of the Town's Wetland and Zoning Codes. No explanation is given as to exactly why that area should be preserved. Surely,the vegetation that lies seaward of that area is far more deserving of protection. The fact that construction in a lower lying area may be inconvenient,more costly,or result in a less desirable view of the Long Island Sound is certainly not a justification to abandon the established setbacks in the Town ECEE MAY 1 5 2019 SOJlI101 T- n ' Soard of Tr�lsfees o lk IF Leslie Kanes Weisman, Chairperson May 2,2018 Page 3 Code. While the topography of the site may be constraining,those constraints existed when the Applicant purchased the property. He was well aware of the physical characteristics of the property when he purchased, and as such,any perceived hardship with landward construction is entirely self-created. It certainly does not justify relief from the Town Code's required setbacks. Mr. Josephson and Ms.Zapf also question the Trustees' unfounded conclusion in its memorandum that the proposed structures"supports the intent[ofJ the Town Code". If they are referring to Section 280-116 of the Town Zoning Code,the proposed construction adjacent to the bluff is clearly contrary to the mandate that buildings and structures"shall be set back not fewer than one hundred(100)feet from the top of such bluff'.Perhaps the Trustees are referring to the Wetlands Code,the intent of which is stated in Section 275-3, and includes"the protection, preservation,proper maintenance and use of its wetlands,"and"prevention of damage to structures and natural resources as a result of erosion; ... and the minimization of the impact of new development,restoration and/or expansion on the resource area values listed above." According to the record of this matter,there are no wetlands on or adjacent to the Subject Premises, and it is patently clear that the construction proposed by the Applicant does not in any way support the Town Board's legislative intent torp otect against erosion and to minimize the impact of new development when they adopted the Wetlands Code. With respect to the letter from Kathleen Fallon to Michael Kimack, dated April 2,2018, which states at the outset that she"neither supports nor opposes the development,"Robert Grover,the Director of Environmental and Coastal Sciences at GreenmanPederson,Inc.,will address it at the upcoming hearing. Enclosed is an outline of his testimony. Our previous submission to the Board set forth our arguments regarding the Applicant's inability to satisfy the standards for area variance relief set forth in Town Law Section 267-b. Those arguments are even more compelling now that the Applicant requires an incredible 63.3% deviation from the 100 foot setback from the top of bluff. The granting of such a very substantial variance to allow the construction of a massive house and pool that would essentially sit on the top of the bluff,with a front walkway that unnecessarily invades the established front yard setback, and an unsightly 8-foot deer fence around the perimeter of the subject property, will have an immediate,undesirable and adverse impact on the surrounding neighborhood,the neighbors' properties and the environment. It would also fly in the face of this Board's established precedents to preserve the bluff,including its decision in Matter of Aliano v. Olivia. In light of the fact that the perceived hardship is entirely self-created and the existence of reasonable alternative locations to build his home,the variance relief requested by the Applicant should be denied. D E "C' E VE M AY 1 5 2019 DD Southold Town Board of Trustees Leslie Kanes Weisman, Chairperson , May 2,2018 Page 4 Please submit this letter in the record of this matter. Thank you. Respectfully submitted, Martin D. Finnegan MDF/jr Enc. cc: William Duff,Esq. Michael Kimack, Esq. EE V E MAY 1 5 2019 S011thold Town oard of lrustus Outline of Robert Grover • Kathleen Fallon claims that the narrowness of the Long Island Sound limits wave energy incident on the subject bluff. • Fetch is 20 miles to the northwest. That is the main wind energy vector. That is plenty of fetch to generate serious shoreline damaging waves. • Most of the bluffs on the north shore are experiencing serious erosion. • The beach is stable because the eroding bluff supplies sediment. • It cannot be assumed that future erosion rates will be similar to recent rates. In fact, the opposite is true. • The large boulders on the beach are evidence of an eroding bluff. • Kathleen Fallon misstated the annual rate of SLR by 20%based on USGS estimates. • My top of bluff determination has been verified by the Town. • A setback of only 37 feet from the bluff for new construction is highly inappropriate. • Recent examples of bluff erosion on Long Island: Montauk this year, 15 feet in one storm; Shelter Island (heavily vegetated and stable for 50+ years, also facing north with much shorter fetch), 25 feet in one day during Sandy. • Bluff erosion is catastrophic and non-recoverable. • The inevitable bluff erosion will result in pressure to approve shoreline hardening if the project is approved. Contrast Montauk and Shelter Island. • Liquefaction danger not addressed. • The low area of the property has no special environmental values, but the bluff certainly does. • Any concerns over moving closer to the low area can easily be addressed with appropriate engineering best practices. • Kathleen Fallon did not address appropriate setbacks for this large-scale project, and there is no indication that she even reviewed the site plan. • The introduction of impermeable surfaces within 37' of the bluff will change soil structure and vegetation, and likely lead to damage to the bluff. Again,not addressed by Ms. Fallon. R E GO E VE MAY 1 5 2010 Southold Town Board of trustees APPLICANT'S AND NEIGHBORING PROPERTIES BIRDS EYE ROAD, ORIENT, NEW YORK (2016 aerial) Owner:VALENTINE & MATASSONI Owner.VALENTINE SCTM#: 1000-17-2-1.2 SCTM#: 1000-17-2-1.4 Address: 1525 Birds Eye Rd.,Orient +'`i�''. Address: 1675 Birds Eye Rd.,Orient (IMPROVED) (VACANT) Owner: JOSEPHSON Owner: LAVECCHIA SCTM#: 1000-17-2-1.11 -' . of SCTM#: 1000-17-2-1 S ddress: 1515 Birds Eye Rd., Orient _ Address:908 Birds Eye Rd.,Orient (VACANT) (IMPROVED) ' Owner:JOSEPHSON &ZAPF SCTM#: 1000-17-2-6.5 Owner: 1505 BIRDS EYE RD., LLC Address:900 Birds Eye Rd., Orient (CARLOS ZAPATA) (IMPROVED) SCTM#: 1000-17-1-4 o Address: 1505 Birds Eye Rd.,Orient (VACANT) y 0%:-- ERWELLEN PROPERTY PARTNERS,LLC(JOSEPHSON) SCTM#: 1000-17-2-1.14 Owner: DILORENZO Address:700 Birds Eye Rd.,Orient SCTM#: 1000-17-1-3 (IMPROVED) Address: 1207 Birds Eye Rd.,Orient (IMPROVED) Owner:JORDAN SCTM#: 1000-17-1-5 E Address: 1105 Birds Eye Rd., Orient ' (IMPROVED) ' t • r • L February 21, 2018 1:2,000 _ 0 0 015 003 0 06 mI �__", Parcel Data O 0 00175 0 035 0 07 km �• 1 5 2010 IL�J Web AppBalde,fa A-GIS Southold Town E d m O m D E VE N m m N MAY 1 5 2019 Southold Town B ar of Trustee GEHL C TOP OF BLUFF ` 0. d } -,6' S `O, r' TOTAL AREA:1.356 AGRE5 TO THE TIE LINE (ACCORDING TO THE SURVEY SUBMITTED BY I-EGONIG SURVEYORS,P G M05T REENTLY REVISED ON JANUARY 24,20 15) m `may. m u w x u d m W x F- H d 1 505 BIRD5EYE ROAD, ORIENT Y d I ECC VE MAY 1 5 2019 Southold Town Board of Trustees E C E � V E l M AY 1 5 2019 Southold Town B and of Trustees 8102 L l Udtl SURVEY OF PROPERTY AT ORIENT �e° I TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-17-01-04 If f `�. SCALE. 1= 40' po• OCTOBER 17, 2012 NOVEMBER 30, 2012(REVISION) vo\ / / 10--- JANUARY 2, 2013(ADDITIONS) \, AUGUST 2, 2013(REVISED BLDG. ENVELOPE / l\ Zone Line O OCTOBER 30,2014(CLEARING &BLUFF LOCATION) -\ JANUARY 03, 2018 (PROPOSED HOUSE) J 43o 7z JANUARY 24, 2018 (REVISIONS) // /% ''i --�'� -� �G •�. APRIL 9, 2018(REVISIONS) uFf' TOP OF BLUFF LINE AS FLAGGED l / P oM12 ',, �� BY JOHN BR£DEMEYER, TOWN TRUSTEE. Ct;CCi�ti� / APR If,201, loo, q ZONINC 90ARO OF APPCAI5 (PI 90O, T7N O / �� 10• yy f EXISCti CREST OF BLUFF A 1 N OFA` o� 10?OPtP\Ig/•f1M1ee j ` l/s '�`os�Q FLAGS ADDED BY LNTER SCIENCE ON 09/23/14, EXTENDING THE BLUFF CREST TO EASTERN LOT LINE �0 HOUSE\FOUNDATION WALL � �`�•.. � � �e 1 , +1 OSE l _ c ^ 0 TEST HOLE DATA 1• .�, 4RF b�'1 �` /.* `\ I McDONACD CEOSCIENCE c+ F FR.HSE o� EL 21.9'SFP �- 4 ��I $/ 1a/ar/r2 9�l O,p PALE BROWN SANDY SILT ML WITH GRAVEL 1N LAYERS O Qp�S' N ' 12 1 ?�+ �..�1 G�, �GQ S I .a- �. WATER IN PALE BROWN SILTY ML / ''� - WATER 1N BROWN CLAYEY SAND sC N, moi, 1 Z 15- 9 EL-10'Fix, �� WATER 1N BROWN FINE TO COARSE SAND SP / y/ F 5 otiyyG 31• NOTE* WATER ENCOUNTERED TB' BELOW SURFACE GGGd ® � Pa0*N0 \ �1IG �Pt� aG 5EPTIG SYSTEM DETAIL RAIN RUNOFF CONTAINMENT �y rvor ro scALE PROPOSED HOU5E ROOF AREA • 6,028 5QFT, \ nN/SHLD GRADE .028 X 017 X 10 1,02476 GU FT EL,20 D' ASONACH 1,02476 GUFT / 4221 SQ FT 2426 LIN FT, RY\ MASONARY CHIMNEY i'MIN PROVIDE 141 DRY WELLS IR X 8' DEEP \ 3200 FT REQUIRED m m m I RIM ELELV. 1110' I m mm m \ SEPTIC 1101+ I mmmm® I 116• \ 1500 GAL PRECAST I m m m m m es m e I SEPTIC TANK 5'LIQUID DEPTH I m m m m o a m m mmmmm®mmmm mmmmmmmm �y �t-3• mmmme�emm \ I m lI 3'SAND COLLAR O� I mmLEACHING POOL m6' ' 3'SAND COLIAR� ' I I \ --8°--- SAND SP)VE &SACKFILLAL 810 TMTN j I (SP) I SAND(Sx9 DOWN To SAND(SP) \ I I ■ = MONUMENT = BLUFF FLAGS PROP05ED 5EP11f, 5Y5TEM 4 BEDROOM HOU5E CEHL from CEHAM Photo 48 I-PREGA5T 1500 GALLON CYLINDRICAL 5EPTIG TANK Flood Zone lines from FIRM 36103COO641-10 X 5' DEEP _ I-LEACHING POOL5 8'Q X 16' DEEP - - and OC{UOI COn{OUTS - - WITH J' SAND GOLL.AR - BUILDING ZONE R-40 ELEVA770NS AND CONTOUR LINES ARE REFERENCED TO NAVD. 30 Ld AREA= 1.356 ACRES TO TIE LINE ao I am familiar with the STANDARDS FOR APPROVAL n m • AND CONSTRUC770N OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES ��tiOFreL4T . and IMP/ abide by the cond/tions set forth therein and on the gq C P,1[.r210r14 Permit to construct. G�• c The location of wells and cesspools shown hereon are �'- }°•.; f �F from Aeld observations and or from data obtained from others. ANY EC77ON 7207ON OR AD E NEW TO THIS SURVEY/S A VIOLATION < j IWYS. OF SECITON 7209 OF THE NEW YORK STATE EDUCA77ON LAW. MAIN z 4J71a /CT LIC. NO. 49618 EXCEPT AS PER SECTION 7209—SUBDIVISION 2.ALL CER71F1CA710NS ROAD /p rj I'ECOIyIC.?SURVEYORS, P.C. HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF 1 U[[ 1 SAID MAP OR COPIES BEAR 7HE IMPRESSED SEAL OF THE SURVEYOR 25) (63 "76520 FAX (631) 765-1797 WNOSE SIGNATURE APPEARS HEREON. (6-P.O. BOX 909 SSTREET OUTHTRAVELER NYF12-260 D E 'V E f M AY 1 5 2019 Southold Town 6 of of Tr s PPS SURtr.,�41Y OF PROMMY A T ®RLLPNT r, TowN of SDUTHOLD SUFFOLK COMMr* lit.SCALD 11- 41Y OCIUM 17, 2012 � NOPE MER Z%2012(REM t) JAU111MY 2,2013 (AMMMS) AUGUST X 2013 (REVISED UDO. QrirclpPE] M700EA 3M 2M4(C-f-AMM at "FF LOCATM A) Zang Lha' 0 JANUARY 03, 2010 (MWOSED }1IIUSE) JANUARY 24, 2014 (REMSONS) EX15T)r Gl{F.ST,a-SLUFF / x 1 �r ou im 3 $ fUGS AD=By W@?5MVN 12/f Q ti0 fXTETIt1WG n ELUfF m-sl'w rASTtiw Lar LBYF ry 1 41 F J. 4 / I X.h5zc " - t 1 al e 1 ' t 1 ti F' 1 , f � r dye 1 I �A µ1 1 AL Yta' f � v�Q� ® •_ ,,,� AVAW[slveraUT M4 IDfflY et flR.bf Wtl1'AJ+I't !� � � �� LL me 40 LsUT�a; `�n4<RR rtmc m»aac Ros ARu e-M wrY. WGVm [I.rl•/rLT}iY'1. faA l.rL M \ x Wwl47M I �^V°!� rayv ct le car Mtl?>• R If LST \ -F,.,a- :w�L"A•twtJaJS�IX����nW R61 p,Ra-V,1(f! I 4 e 1I (l I -4 L-1 �-- L 1 I J 0Y I o�1+� 1 l V1V Wpo 70 a MR wr ro law W'7 iv BLUFF FLAGS CEHL from CEHAM Photo 413 eS�Lt*� 5FD^fSG_ Flood Zone linin-from FIRM 3610300004H and ortual cmtauru. 1-raA,sr rWQ Waior `.U-" 'r""r`� IN's' BUILDING ZONE R-•AO � o s� = 1-LJCW"j race 7 R Ri ' a4I111 S!!ao LO.IlA EMNAMNS AND coNTOUR LINES A17E RErMMh D TO NAM a AREA== 1,356 ACRES ES TO NAN .SIX of 1 am,PVartt�ltlzoTlrl F�wfi/t e1�e 57Jl��NND�:A16D5 F07 AAF.R�OVdLL AhV CLW57RW?70N QF SUBSURFACE -cZW G- cb DJSROSAL SYSMUS MR SINGLE FAM LY RESTDDVCES arrd wX abfda by this candlMna dat fcvih therah and an tlra Fevrnl! La The focatka Of trnlfn and M49POON sl POn h1i VWF ara ham r+oid obsermlhrra and Or Irorst data obtained ftr) Isdllsr>r � �o r f1� N0. 89818 ANY ALI&AIMY OR AomM 10 W A4 CM A 646iTatMW ' R4`gRAVW G >"ixat) 70-1797 AER CF JW S-M U rAW25, k WaV ARE VALID fM PcT AAA AND COMX T CM V r fI,Q avx 9D9 S40 MAP DO BEM 7W SEAL Or M Stb4PM1 1230 TRA LO-W?Ff 5771EE f "NZE %W"M AA' "> 90UrNt�, N.Y. 1 TA7i 1+G�6ra E C E I V E SURVEY OF PROPERTY APR - 9 201 AT ORIENT TOWN OF SOUTHOLD Southold TownU�".FOLK COUNTY, IVa Yo Board of Thistees SCALE.° V 40' OCTOBER 170 2012 NOVEMBER 30, 2012 (REVISION) JANUARY 2, 2013 (ADDITIONS) o / 10 AUGUST 2, 2013 (REVISED BLDG. ENVELOPE) f12�---����---�� �j0 OCTOBER 30, 2014 (CLEARING & BLUFF LOCATION) / Zone `'� JANUARY 03, 2018 (PROPOSED HOUSE) �4c� JANUARY 24, 2018 (REVISIONS) ode �.• � - - APRIL 9, 2018 (REVISIONS) 01 •'�� - �' � L� _ TOP OF BLUFF LINE AS FLAGGED �Or— BY JOHN BREDEMEYER, TOWN TRUSTEE. G C 30 f 3 '00. I�, EXISTING CREST OF BLUFF cvpF Y4� ���°�'ti� '��a°' • �� '°y FLAGS ADDED BY INTER SCIENCE ON 09/23/14, q /Fs o fi EXTENDING THE BLUFF CREST TO EASTERN LOT LINE. ry� 6-f G "' kj 9 RP G F HOUSE\FOUNDATION WALL '`gam Q >lt }} 26 7ES T HOLE DATA cn C FR.HSE SFpTICe,F I \ \ d •`� EL. 21.9' PALE BROWN SANDY SILT SIL �p q Q Say .\ + ` f�� ,04 iW7H GRAVEL IN LAYERS o � '-� ny ``� i _ .• 4 ��- `ter ,� ' � � • TQ IE � � E 1 co IN Q- �I8 4 �' WA7FR PALE BROWN SILTY ML , 91 18, 2 t i pi. 21' MAY 1 2019 WA7FR IN BROW CLAYEY SAND SC 5 � �s < � EL j1' a. -10'E1 Southold Town WA7PR IN BROWN FTN£ TO COARSE SAND SP Board of Trustees � •�J 38° i i e .5 -- 2 6. 4 �I'" '(, �, Q .�, • / i TEST HOLE DATA p,Q � .o' ,�� ( .N McDONALD GEOSCIENCE `G p qRF '�• J %'' f; ///--- 1 ! / 10/03/12 �p�.y 73 FR.HSE S£ATI A` j- �. 10-11 + EL, 21.9' •� I, �r 1 1 . ti A *i o PALE BROWN SANDY SILT ML I O/gyp ?'� �`�\ �c �� N NTH GRAVEL IN LAYERS cv e I 58 J.9' 18' EL WA TER IN PALE BROWN SltTY ML 2 . •aiSr WATER IN BROWN CLAYEY SAND SC � 2N EL -10' 31' WATER IN BROWN RNE TO COARSE SAND SP NOTE.• WATER ENCOUN7ERED 18' BELOW SURFACE -q �N 1 Qp 5EPT I C, 5Y5TEM DETAIL NOT W SCALE RAIN RUNOFF CONTAINMENT O FINISH GRE. PROPOSED HOU5E ROOF AREA ° 6,028 5Q.FT. \ ASONARY CN - 6,026 X 0.17 X 1.0 • 1,024.76 CU. FT. MAST NARY CHIMNEY 1,024.76 CU.FT. / 42.21 5QFT. ° 24.28 LIN. FT. \ 1'MIN. I \ ® I PROVIDE (4} DRY WELLS0 S X 8' DEEP I �mm r I 3200 FT. REQUIRED om m ra I em m I m m ca RIM ELELV. 19.0' \ mm= ® ® m mn l SEPTIC 110'+ too= 9252 M=2 5' 11011 1500 GAL PRECAST 0 ( 0 m mz 25 EN m t9 I 0=2! 9 ® evmmm \ SEP7IC TANK LIQUID DEP7H I 0025m! 9= es m m a I ®m m ® REMS m mm I mm® ® ® gym®a l 3' C3 0 Im in mm m mm� � ® es fm la �3' SAND COLLAR 8° l LEACHINGt IOU E 01-1 POOL 6' I 3' SAND COLLA l ! 0 9,�- L---� ---� M^`/ 1 5 2019 \ l ( REMOVE MATERIAL 8'0 TO SAND (SP) & BACKFILL W17H S;,.°^id T�,�n \ SAND I SAND (SW) DOWN TO SAND (SP) PROPOSES 5EPTIC 5Y5TEM rA = MONUMENT 4 DEDROOM HOU5E b = BLUFF FLAGS 1-PREGA5T 1500 GALLON CYLINDRICAL 5EPTIG TANK 60 X 5' DEEP CEHL from CEHAM Photo 48 1-LEAGHIN& 1`001-5 6$ X 16' DEEP WITH 3' SAND COLLAR 7nnP HnPS frnm FIRM 36103CO064H 7o� 0 5EPT I C. 5Y5TEM ®ETA I L. NOT M SLE KA I N RUNOFF 6ONTA I NMENI: � V' FINISHED GRADE EL. 20.0' PROP05E0 HOUSE ROOF AREA e 6,028 5Q.FT. 6,028 X 0.17 X LO o 1,024.76 GU. FT. ASONARY CHI 1 Mt150NARY CHIMNEY 1,024.76 GU.FT. / 42.21 5Q.FT. a 24.26 LIN. FT. 1`MIN I PROVIDE (4) DRY WELL5 64 X 8' DEEP Cn m 32.00 FT. REQUIRED i ®0 m RIM ELELV. 19.0' SEPTIC 110'+ I 0®InMM �aCM ®EM0 I 1500 GAL.PRECAST I 0,0 m ® Em m es(amr3m ® ® ®®or SEP71C TANK 5' LIQUID DEPTH I 00® ® ® EM 00m2n ® am ®®5F 001 m m ® ® ®m� r 00® 05 EnMM51 ®®m ® ea m M®6i 13' SAND COLLAR rF, MA i 01-1LEACHING POOL 6, E9 V 3' SAND COLLAR-AY 1 5 201 I 8,� � REMOVE A�PATERIAL 8'0 TO ttt i SAND (SP) & BACKFILL IMTN \\ I SAND I SAND (SIN) DOWN TO SAND (SP) Southold Town p 1 I (sP) 1 Board of Trustees \ ® = MONUMENT PROPOSE® 59PTIG 5Y5TEM 4 8E®ROOM HOU5E � = BLUFF FLAGS I-PREGA5T 1500 GALLON CYLINDRIC-AL 5EPTIC, TAh CEHL from CEHAM Photo 48X �' DEEP I-LEACC HING POOLS 8'� X 16' DEEP Flood Zone lines from FIRM 36103CO064H WITH 3' 5AND COL.LAK and actual contours. BUILDING ZONE R-40 O 3 0 I ELEVA 71ONS AND CONTOUR LINES ARE REFERENCED TO NA VD. + ® X go = 1v 356 A CRES TO TIE LINE = w O(/) I am familiar with the STANDARDS FOR APPROVAL AND CONSTTUC77ON OF SUBSURFACE SEWAGE ®� EW,,, DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES 'T MEr and will abide by the conditions set forth therein and on the �a� Q permit to construct. I' y th The location of wells and cesspools shown hereon are w r from field observations and or from data obtained from others. ANY ALTERATION OR ADDITION TO THIS SURVEY lS A VIOLA7ION LIC. NO. 49618 OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAIR. AIN ROAD %63311M g ORS, P.C. EXCEPT AS PER SECTION 7209—SUBDIVISION 2. ALL CER77FICA7IONS ( 2U FAX (6J1) 765-1797 HEREON ARE VALID FOR THIS MAP AND COPIES 'THEREOF ONLY IF SAID hfAP OR COPIES BEAR THE &PRESSED SEAL OF THE SURVEYOR P.O. BOX 909 ,— WHOSE SIGNATURE APPEARS HEREON. 123.0 TRAVELER STREET SOU71-IOLDe MY 11971 12-260 -e ADJACENT d. „ TO BALES TO INDING WIRE 2x 2 (NOMINAL) WOODEN S. cS PREVENT ,.1R TWINE OR STANDARD STEEL POSTS OR UNDERMINING EQUIVALENT. MINIMUM OF 2 PER BALE. STAKED AND FLOW ENTRENCHED STRAW BALE •��.'.' z EXISTING GROUP EXCAVATED TRENCH MINIMUM 4" DEEP BY WIDTH OF BALEco - ISOMETRIC VIEW TYPICAL SECTION 29 STRAW SALE DIKE DETAILS SCALE N.T.S. U ZOm _ FLOW DIRECTION � 0Df pi _ 36" MIN. 2X2 FENCE POST GEOTEXTILE WOVEN WIRE FENCE FABRIC (6X6 —10/10 WWF) TOC EXISTING FILTER CLOTH C° ' '• �i GROUND EXCAVATED AND o 4fiEb AND BACKFILLED TRENCH N BACKFi�L_!, EN H EXISTING GROUND 4 NEW 8' � �/�'' DEER FENCE �/ EMBED FILTER CLOTH ip MIN. 6" INTO GROUND ISOMETRIC VIEW 4'r TYPICAL SECTION SILT FENCE DETAILS 'O 3/4" 08" THREADED' SCALE N.T.S. BOLT (C/W NUT AND WASHER) GATE W/WIRE MESH � WELDED TO 9 SUPPORTP LATE WOOD POST WOOD POST @10' O.C. 12 1/2 GA. BARBED WIRE 111 R HINGE ) „® H Ot '? STAGGER HOG RINGS iAL II OR WIRE TIES AT 1'— NEW 8' DEER FENCE � `D .� ALTERNATING INTERVAL s - IIm 11 GA. WIRES i_! Ilm ®6" CENTERS L 11a - .m 12 1/2 GA. Iv NEW 8' BARBED WIRE DEER FENCE FRONT VIEW— BEACHACCESS GATE 4 DEER FENCE DETAILS PROPOSED POST CENTERS, 6811 SCALE N.T.S. WELL WOOD END POST HINGE GATE W/WIRE MESH TOLE I VIEW—BEACH ACCESS GATE -- USE �MCDONALD TOP _- - ENCi 10/03/12 J �_ BEACH ACCESS DETAILS - SCALE N.T.S. I _ r DRAWING TITLE: m JOB No: 1705 SITE PLAN DATE: NOV. 16.2017 -` iT SCALE: 1/32'=F-0 CL"EARANCE DIAGRAM SHEET NO.: 0 M J. LUV-DC W RHVY VYC.Ub GU OL I VYLLIN OHLCJ Mimi-mu i r AD TO BA 2" x 2'p (NOMINAL) WOODEN STAKES P m OR STANDARD STEEL POSTS OR UNDEF = EQUIVALENT. MINIMUM OF 2 PER BALE. FL Hw SOW '\• to m EXCAVATED TRENCH MINIMUM 4" DEEP BY \// �;�' (x=11 i /r/�//• WIDTH OF BALE ISOMETRIC VIEW 56CH ACCESS ARED & BUILT BY NAND •'�w� ;ESS FROM LAND \\, o 0 FLOW [ L -._ V-3 T. •, -� � w w 36., \ FEIN \ _ , �8 �p•' M GEOTEXTILE WOVEN WIF � z C FABRIC (6X6 10/ ` r0 FILTf ®� • L\� '�0 iD C EXISTING EXCAVO '- �'� C. AND •�- ��-•� GROUND BACKFILLEC 5"v r \ BACKFI 'l�EYQH Oti7 i / MR7 Ile P�G� �► s - _/ G� NEW 6' F�p�1�/ �/� /• ® FENCE NEW g' EMBED FILTI DEER FENCE MIN. 6" INTO ISOMETRIC VIEW OF \� 3/4" 08" THREADED a. i r'Ci ti �7 9•pF C., BOLT (C/W NUT AND WASHER)- GATE W/WIRE MES rr�"�''��f"• ^ k:ri ;�..�: , 7�, ;.}';;>_ ; •� '` WELDED TO SUPPORTP LATE WOOD POST ter' , a, `r ., 4; •� ==1,. :. •9S;T1;,^y 1.'Al +4.`•'.`',,&.�^;�`'�4 OW lin DW HINGE--= Dw i Dw NEW 8' , • cO j DEER FENCE N PEDESTRIAN EN BRIDGE I� E � i cs \ GRAVEL I DRIVEWAY DEWR8FENCE FRONT VIEW— BEA HI ACCESS GATE 5. ® F POST CENTERS, 68" DE. PROPOSED WOOD IEW 8' FENCE ��• p; WELL END POST NEW EN ® • GATE I HINGE PARKI (—"1 ,�• r / GATE W/WIRE 20'-0" p'�y� � MESH TEST HOLE I TOP VIEW—BEACH ACCESS GATE NOTE: USE'MCDONALD GEOSCIENGi 14/03/12 LANw�1AY / �, E� BEACH ACCESS DETAILS L \ � � I = SCALE N.T.S. 32` = 1'—� WELL DRAWING TITLE: AR SITE PLAN T OUSE a CLEARANCE I R®SEYE- ROA® T NY11957 ACOP u - m i o -c - i m ® \ f , co r"D o / SR 0L vo 11 SR ., r� ,5' EACH ACCESS .\ —CLEARED & BUILT BY N1\ND w !ACCESS FROM LAND \' o V lb y �•f• lr• NEW li n� `\�//' �• - r(�3��c1=�j��f�L4s;ti\9�p.�Z.^,(.F� /%5�'j:� til f Y !y�,40.t3 • "+"r'ar i+:l� •�1ye;:',n"•V t , NEW 6' FENCE O `� DW # ; FENCE WILL BE LAID TO AVOID LARGE TREES o 2 AND DISTURBED AREA WILL BE REPLANTED E D WITH NATIVE VEGETATION. 4C APA e 201 FR.HSE -Ex SEPTIC X \ GRAVEL SouthnldTawn �' � � DRIVEWAY Board Trostees s i 17" " INK)EX "� �`� \\DEE NFE CE EROSION CONTROL SILT FENCE SURROUNDING CONSTRUCTION \ DISTURBANCE. PROPOSED CONSTRUCTION ACTIVITY AREA; \ 20' 27,473 SF(0.631 ACRES <1 ACRE) \ �� LU AREA TO BE CLEARED OF DEBRIS,DEAD AND/OR DYING TREES, \ ® ® ® � TREES REMOVED IN CONSTRUCTION ZONE. \ REMOVE GREENBRIAR VEGETATION.TRIM TREES AT TOP OF BLUFF. \ / DEER FENCE SITE PLAN / SCALE : 1/32" = 1'-0" i r p WELL—/ ��` • WELL DESIGNER: ARCHITECT OF RECORD: PROJ : C A R L 0 S Z A P A T A _ u ' E Andrew Pollock Architect, PC ORIENT T U D I O 581 Broadway,4A/4B New York,NY 10013 56SOUTH OXFORD STREET, 1505 BIRDSEYE• ROAD BROOKLYN,NEW YORK,11217 O R I E Nf T Y 11957 T 212.986.9292 F 212.966.9242 T:212.620.0(144 E V E H E M AY 1 5 2019 Southold Town a of Trus es OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��QF SOUjg® P.O.Box 1179 54375 State Road Route 25 �® �� Southold,NY 11971 (cor.Main Rd.&Youngs Ave.) Southold,NY Telephone: 631765-1809 �� htt southoldtp ov vy�ou�m,� E G E I V E ZONING BOARD OF APPEALS MAY 1 5 2019 Town of Southold RECEIVED ar6� a a i st FINDINGS,DELIBERATIONS AND DETERMINAT MEETING OF JUNE 21,2018 Y �a, a ZBA FILE: 7140 NAME OF APPLICANT: 1505 Birdseye Road,LLC Sohold Town Clerk PROPERTY LOCATION: 1505 Birdseye Road,Orient SCTM#1000-17-1-4 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 25, and the Suffolk County Department of Planning issued its reply dated,December 1, 2017 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or,inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated February 16, 2018. Based upon the information provided on the LWRP Consistency Assessment Form, as well as the records available, it is the coordinator's recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP.The agency made the following findings: a) The proposed residential structure is not located within the Coastal Erosion Hazard Area (CEHA). However,the property contains large area of slopes equal to or greater than 15 percent. It is recommended that the Southold Board of Trustees verify the top of bluff on the parcel. b) To protect life and property during storm events and erosion over time, it is recommended to locate structures as far from the Long Island Sound bluff to the greatest extent practicable. However due to parcel topography and the amount of slopes on the property, it is recognized that relocating the structure further from the top of the bluff is difficult. c) If action is approved, it is recommended that a non-disturbance buffer is established from the Coastal Erosion Hazard Line (CEHL), seaward to prevent erosion on slopes, preserve the integrity of the bluff, limit turf areas and preserve groundwater and surface water quality. d) The proposal to construct a deer fence more than the code required maximum four(4)feet in height located in the front yard is recommended as CONSISTENT. TOWN OF SOUTHOLD TOWN ENGINEER: This application was referred to the Town Engineer for review. Comments were received on March 7,2018,after the public hearing of March 1,2018,recommending that the applicant re-survey the site to re-assess the location of the top of the bluff. Included with the Town Engineer's EC E I V E Page 2,.June 7,2018 #7140, 1505 Birdseye MAY 1 5 2019 SCTM No. 1000-17-1-4 Sot MM Town comments was a copy of Suffolk County LIDAR Contours which indicated that the top of th f Trustees further landward towards the eastern portion of the property than what was noted on the applicant's survey. TOWN OF SOUTHOLD BOARD OF TRUSTEES: In a memo dated'March 7,2018,the Chairperson of the ZBA informed the.Board of Trustees that during the recent hearing,there were discussions and testimony from opposing environmental and coastal sciences consultants, one representing the applicant, the other representing the neighbors, relating to the accuracy of the top of the bank/bluff as depicted on the applicant's survey of January 2, 2013, On March 8, 2018,the top of the bluff was reflagged by the Trustees and their flags were consistent with the Suffolk County LIDAR map provided by the Southold Town Engineer, and the"corrected top of bluff line"hand drawn on the applicant's survey that was submitted at the hearing by the neighbor's environmental consultant.The ZBA asked the applicant's representative to retain a licensed surveyor to plot the flags on a survey. A revised survey was submitted, dated April 9, 2018 showing the proposed dwelling at 36.7 feet from the top of the bluff at its closest point. On April 13, 2018 the President of the Trustees inspected the subject property in response to a request for comments from the ZBA Chairperson. In a memorandum dated April 13, 2018, the President of the Board of Trustees expressed the need to preserve the vegetation that stabilizes the bluff as well as preserving the low lying area in the southeast corner of the property. The memo stated that the NW orientation of the bluff provides protection from storm events and should be considered a mitigating factor for the revised 36.7 foot bluff setback. SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT: This application was referred to the Suffolk County Soil and Water Conservation District for an evaluation and recommendation. The agency informed the ZBA in a letter received December 8,2017,that a site inspection was performed on December 6,2017 to evaluate the potential environmental impacts that would be caused by the construction of a new dwelling on the currently vacant property.The agency observed that the bluff is very well vegetated with no signs of erosion,and noted a large depression at the southern end of the parcel. In addition,the agency described the following potential concerns: the installation of a septic system because of proximity to surface water which would impact water quality;the proposed installation of deer fence on the bluff face which would pose an unacceptable erosion hazard to the bluff, significant land clearing and excavation proposed on the site as a potential for soil erosion; and the use of large and heavy construction equipment which can cause bluff instability. PROPERTY FACTS/DESCRIPTION: The subject property is located at 1505 Birdseye Road, Orient,NY. It is a conforming 1.356 acre parcel (to tie line) located in the R-40 Zoning District. The parcel measures 218.10 feet fronting the Long Island Sound along the northerly property line, 389.57 along the easterly property line, 84.15 along the southerly property line, and 322.25 along the westerly property line. The parcel is an undeveloped residential property with steep slopes and a low laying swale area in the southeast corner.The parcel is accessed by a 50 foot private right of way to the southwest corner of the property, as shown on a survey prepared by John T. Metzger,Land Surveyor, dated January 2,2013. BASIS OF APPLICATION: Request for Variances from Article TV, Section 280-18; Article XXII, Section 280- 105; Article XXII, Section 280-116; and the Building Inspector's November 17 2017, Amended November 22, 2017 Notice of Disapproval based on an application for a building permit to construct a new single family dwelling and to erect deer fence at a height of 8 feet at; 1) proposed single family dwelling located less than the code required minimum front yard setback of 50 feet; 2)proposed dwelling located less than the code required 100 feet from the top of the bluff, 3) proposed deer fence more than the code required maximum four (4) feet in height when located in the front yard, located at: 1505 Birdseye Road, (Adj. to the Long Island Sound) Orient, NY. SCTM#1000 17-1-4. RELIEF REQUESTED: The applicant requests variances to construct a 6,028 sq. ft. single family dwelling with terrace, pool and pool deck, having a distance of 50 feet from the top of bluff at its closest point, instead of the minimum required setback of 100 feet and having a distance of 41.7 feet from the front yard property line where a . t .y Page 3,lune 7,2018 ECEIVE �AY 1 #7140, 1505 Birdseye 5 2019 SCTM No. 1000-17-1-4 Southold Town minimum of 50 feet is required. In addition, the applicant requests permission to cons ruc an rdnfTr s deer fence in the front yard,which is not permitted. All is depicted on a survey prepared by John T.Metzger,Land Surveyor; last revised April 9,2018.1 ADDITIONAL INFORMATION: On February 28, 2018 the Board of Appeals received written correspondence from the attorney representing several neighboring property owners opposing the variances requested. The communication includes a letter and report from an environmental scientist specializing in coastal issues. Subsequent to a site inspection, the specialist describes the subject property as containing extreme geological constraints to development and cites potential adverse and unrecoverable impacts to the bluff. During the public hearing of March 1,2018,testimony in opposition by legal and environmental representatives of several of the applicant's neighbors,and the neighbors themselves,continued. The concerns expressed included the possible inaccuracy of the top of the bluff location on the original survey submitted with the application, the need to protect the bluff from erosion which would be caused by the removal of large areas of existing vegetation close to and on top of the bluff during clearing for construction, and the fact that deer fencing does not exist in and is therefore not characteristic of their neighborhood. The Board received from the applicant's agent a report dated April 2,2018,written by a specialist from New York Sea Grant, a SUNY University based program, outlining and discussing science based coastal processes that are occurring on and around the subject property. In the report, causes of bluff erosion are identified, and it acknowledges that the current well vegetated condition of the bluff helps in preventing further erosion. The low lying, swale, located on the southern portion of the property is not identified as a wetland or as an area needing protection. AMENDED APPLICATION: The applicant submitted a revised survey to the Building Department,dated April 9, 2018 which depicts the top of the bluff on the property per the findings of the Town Trustees and Town Engineer. An amended Notice of Disapproval was issued on April 18, 2018 identifying the top of the bluff setback to the proposed new dwelling at 36.7 feet where the code requires a minimum of 100 feet. The variance relief for the proposed non-conforming front yard setback of 47.1 feet and deer fencing in the front yard remain the same. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 1,2018 and May 3,2018 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law.4267-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 neighborhood is accessed via a private right of way that leads to several inland and waterfront properties developed with large single family dwellings.The subject property is one of the few undeveloped parcels in the area, especially along Long Island Sound. Many of the lots are irregularly shaped and dwellings are placed on the properties at different angles to each other. While some waterfront homes have non-conforming bluff setbacks, the average is almost double the distance being requested by the applicant.None of the homes in the immediate area have deer fencing of any kind. The bridge that extends into the front yard over the low lying area, leading to the applicant's proposed dwelling, is not typical in the neighborhood. 1 Although the application as applied for was for relief for a structure of 50 feet from the top of the bluff,an updated survey and site inspection by members of the Board and Town Trustees showed the proposed structure would actually be 36.5 feet from the top of the bluff(see Amended Application below.) Page 4,June 7,2018 #7140, 1505 Birdseye SCTM No. 1000-17-1-4 2. Town Law 5267-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 shift the house further to the south in order to increase the top of bluff setback to a conforming distance. The low lying swale area to the south portion of the parcel has not been flagged as a protected wetland, nor does it have any elements of a protected wetland area. Additionally, as noted above,a site plan by a registered architect was submitted to the Board of Appeals that shows a 12,954 square foot buildable area on the subject property in conformance with all town code setbacks that would permit the applicant to construct up to a 6,028 square foot dwelling with a terrace,pool and pool deck 3. Town Law 5267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 63.3% relief from the code for the top of bluff setback, 16% relief from the code for the front yard setback, and 100% relief from the code for an eight foot deer fence erected in the front yard. 4. Town Law 6267-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. Differing perspectives were presented by experts on behalf of the applicant and those in opposition to the application regarding the impacts that the proposed dwelling could have on bluff erosion and instability in the proposed location on the subject property. The Board finds that the testimony that there exists potential adverse and unrecoverable impacts to the bluff if the relief is granted, as more credible. The Board further finds that relocating the proposed dwelling to conform to town setback requirements will preserve the existing vegetation that stabilizes the bluff.Moreover, the Board has established a precedent to preserve bluffs in its decision in the Matter of Aliano v. Oliva case in which the Board denied a 50 foot bluff setback for a proposed 1,600 square foot house because it would "introduce impermeable surfaces and alter soil structure causing accelerated recession which could result in damage to the neighboring properties and to the proposed dwelling"(ZBA file no.: 5846,August 31, 2006). Additionally, although the Board of Town Trustees indicated the need to preserve the low lying area in the southeast corner (front yard) of the property, they offer no explanation as to why, since the area has not been flagged as protected wetlands. 5. Town Law 6267-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 5267-b. Grant of the requested relief is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new home while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Acampora, seconded by Member Planamento, and duly carried,to DENY the variance relief as applied for Vote of the Board: Ayes:Members Weisman(Chairperson),Dantes,Acampora,and Planamento(Member Lehnert abstained): This Resolution was duly adopted(4-1). slie Kanes Weisman, Chairperson , E E Approved for filing 61 a,/1018t_� MAY 152019 3oart`or` i�usr�es MAY 15 Southo f St0 , GPI Engineering Design Planning I Construction Managen VIA HAND DELIVERY Southold Town Zoning Board of Appeals RECENED Attention: Leslie Kanes Weisman, Chairperson 54375 Main Road FEB ���� P.O. Box 1179 Southold,NY 11971 ®NI6��BOARD UP��� � Re: Application of for Variances 1505 Birdseye Road,LLC SoSa"r'd ZBA File No. 7140 5 2019 Suffolk County Tax Map No. 1000-17-1-4 d Town Trustees Dear Chairperson Weisman and Board Members: By way of background,I am the Vice-President and Director of Environmental and Coastal Sciences at Greenman-Pedersen, Inc. (GPI),which is a firm with a staff of over 1,300 professionals, including engineers,planners, scientists,technicians, and inspectors. I have been employed by GPI for over forty(40) years as an Environmental Scientist specializing in coastal issues,which has included projects relating to coastal management studies,tidal/fresh water wetlands, environmental impact investigations, and erosion studies. I have conducted over three hundred(300) environmental evaluations, including well over fifty (50)on the East End of Long Island. I have been a consultant for many municipalities on coastal studies, including serving presently as the environmental consultant for the County of Suffolk on the Fire Island to Montauk Project. In addition, I served as the Environmental Scientist on the Sebonack Golf Course in Southampton,which included being responsible for preparing the environmental impact statement,habitat inventory,natural resources plans, native habitat restoration plan, and water resources protection plan. A copy of my resume is enclosed. My firm has been retained by John Josephson,who owns properties located at 1515 Birdseye Road, 900 Birdseye Road and 700 Birdseye Road, adjacent to the property owned by 1505 Birdseye Road,LLC (the"Applicant"). In this regard, I have reviewed the application of the Applicant for multiple variances in order to construct(i)a 6,028 square foot dwelling with a terrace,pool and pool deck fifty (50) feet from the top of the bluff, (ii) a 796 square foot pedestrian entry bridge that is 41.7 feet from the front property line; and(ii) 8-foot deer fence around the perimeter of the property,part of which is located in the front yard. On February 21, 2018, I conducted a site investigation of the property located at 1505 Birdseye Road, Orient(the"Subject Premises"). The Subject Premises is a heavily vegetated vacant lot, which contains extreme geological constraints, including steep slopes, swales and coastal bluffs. Because of these ` extreme constraints, it is my professional opinion that this parcel is not suitable for any development. This may be the reason why this property has never been developed. If this property must be developed,there certainly is plenty of room on the Subject Premises for a reasonably sized house and other improvements to be sited beyond the 100-foot bluff setback line as required by the Southold Town Code,without encroaching on the swale. As such,there is no question that the Applicant has feasible alternatives other than the requested variances. Locating a house and any other Greenman-Pedersen,Inc 325 West Main Street Babylon,NY 11702 p 631-587-5060 An Equal Opportunity Employer *16 improvements in a conforming location setback 100 feet from the bluff will require some grading and possibly some retaining walls,however,the adverse impacts to neighboring properties and the bluff would certainly be less than the impact if the requested variances are granted. I also see no basis for granting the front property setback variance when the proposed pedestrian bridge can be moved 8.3 feet south to conform to the Code. Any clearance, soil disturbance,building construction and/or operation of heavy equipment within the 100-foot bluff setback area certainly has the potential to destabilize the bluff,thereby producing an unnecessary adverse impact to the environmental conditions of the Subject Premises and to the neighboring properties, and would likely be a detriment to the neighboring properties. In an extreme case, not subject to prediction, such activities could cause soil liquefaction,resulting in sudden, catastrophic, collapse of the bluff. Moreover,introducing impermeable surfaces within the 100-foot bluff setback area will result in the alteration of significant drainage on the Subject Premises, and will change the soil structure and vegetation upon the Subject Premises,which will likely have the effect over time of damaging the bluff, resulting in damages to the proposed dwelling and to the neighboring properties. In addition, although a deer fence may appear innocuous,the installation of the necessary posts within the bluff setback will have a destabilizing effect on the bluff. During my site investigation,I observed that there was silt fence on the Subject Premises. A silt fence is typically used for erosion and sediment control,especially where there is to be soil disturbance, particularly near wetlands and waterways. Since,to my knowledge,no permits have been granted for soil disturbance in this area,the presence of the silt fence is a mystery. A copy of the photograph that I took during my site investigation of the Subject Premises,which shows the dense vegetation as well as the black silt fence, is enclosed. In sum, it is my professional opinion that there are no scientific reasons why the multiple variances requested by the Applicant should be granted when the Applicant can site a reasonably sized house and other improvements beyond the 100-foot bluff setback line in conformance with the Town Code, and when by placing the proposed dwelling merely 50 feet from the top of the bluff would clearly result in a detriment to the bluff and to nearby properties and have an adverse impact on the environmental conditions on the Subject Premises and the neighboring properties. It is for these reasons that I recommend that the Applicant's requested variances be denied. Sincerely, Robert Grover rE L.-" I IVice President, I�Director of Environmental and Coastal Sciences1 5 2019 Southold Town B r of Tr stee Resume Robert Grover Director of Environmental Sciences Professional Profile Mr. Grover provides hazard analysis, environmental designs, coastal flooding and erosion evaluations, recommendations, and support for major projects in both the - ,•- _ / ;_: public and private sectors. He has a comprehensive grasp of legal, social, and EDUCATION: '`9` "�. political considerations and their environmental ramifications. Mrr. Grover has B5/1972/Environmenfal'Scences.- authored Flood Plain Land Use Regulations for the Town of East Hampton,Village of •F Babylon and the Village of Lindenhurst. These municipalities have adopted these regulations in order to comply with the Federal Emergency Management Agency YEARS WITH'FIk*,46- s _ + (FEMA) requirements regarding Land Use and the use of Flood Insurance Rate �;TOTALY,EARS EXP.ERIENCE:,46' ;� Maps (FIRM's). This experience at the local community level is very important in conducting local coordination for large state projects. He has coordinated over 1,000 'COl1RSE WORK;. 4`�-' environmental regulatory permit proceedings with State and Federal Agencies. 10,Hour OSHA'Gon"struction_Safety 8'Healf'ii On projects with NYCDOT, he has interpreted 100-year flood information obtained T.rainirig,;Course i•� F,FIWA Tr'ffic'Noise Modeling;,0�lando;.FL from the National Oceanic and Atmospheric Administration (NOAA) to establish a various flood events used in developing critical roadway and bridge elevations along k° the Belt Parkway and other major routes. He established critical flood elevations at s`^tPRQFESSIONAL AFFILIATIONS: N'v1 the Paerdegat Basin Bridge, Roosevelt Island Bridge and Coney Island Creek Bridge American Aso istion-for fhe;Advancement;of • 1 locations, and this information provided to NYCDOT engineers who utilized it in their determination of critical roadway and bridge elevations within the project corridor. Science �.: W1 dcan`0rnith'oiogists Union `:,';� In a project with the SCDPW, GPI is providing professional engineering services for Coastal,Education,and Research Foundation°• �� the Smith Point County Park Seawall Extension. Mr. Grover recently conducted a L`orig Island South Shore Estuar'-'Reseive �+ - --, ,k� "-Y., -.; '�•• ,•. ', wave scour study in this area to determine wall height and dune requirements a CQUnC�I:�`+`,'•.-.,r. ... :'•..ice -�, Newyork State Ornifhological`Society ' :': necessary for the extension of an existing seawall in order to protect the Flight 800 I'•=Suffolk•County(IVYJ;Wetlands Nlaviageiiient' 1 Memorial located at Smith Point Park in the Town of Brookhaven. He has been ry Wo*,Group" _-'-p p responsible for a major portion of GPI's environmental impact statements and assessments,which includes noise abatement studies involving highway,airport and construction noise, and has prepared over 250 environmental reports for major ,•: ;, . , . highway and bridge projects, parks and recreation facilities, public buildings, solid -• - r' , moi. �`: 'Vit,: - 1'' • = `� = = waste management facilities, and resource management plans. He is thoroughly familiar with state-of-the-art methods of transportation noise evaluation using the latest computer modeling techniques, Mr. Grover is a noted authority on coastal environments, Mr. Grover has extensive ''"' '' �' '' f- ; '•� experience over the last 40 years relating to coastal management studies, wetland ' -; .` ' •- '' .Y %' .` "; projects,sea level rise,environmental impact investigations and erosion studies. Mrr. Grover is thoroughly familiar with state-of-the-art methods of environmental analysis •":-;•, '�,' ' �-�,.�`==•,•u;�� •�r_�,.'r',;�' �' requiring specialized services such as surface and groundwater impact analysis and transportation noise evaluation using the latest computer modeling techniques and measurement equipment. He is also a member of the South Shore Estuary Council and the Suffolk County Wetlands Management Work Group. A well-known environmental expert, he serves on numerous organizationalboards :r ±� •; ; , ; ,,.k 't: 4 and committees, and delivers numerous lectures. For many years, he lectured on Environmental Law lecture at Southampton College. He writes environmental articles '•�' ,�'•• ;� :F;„ for periodicals, including a regular conservation column for an Audubon publication. He was the recipient of the 2001 Conservation Award, presented by the Great South Bay Audubon Society. He is thoroughly familiar with state-of-the-art methods of environmental analysis requiring '. '��;'' s pecialized services such as wetland and special habitat mitigation; coastal processes ' rid erosion/sedimentation studies;and hydrogeological and groundwater studies. y l li PLAYGPI I 1 5 2019 1 L t BOaw o, 1HJS,U8,' Project Experience South Shore of Long Island,NY. Mr.Grover is currently serving as the consultant to Suffolk County on the Corps of Engineers plan to restore and protect 83 miles of Atlantic Ocean shoreline. He is assisting/advising the County Dept. of Public Works on various elements of the project including storm protection,tidal inlet management,sea level rise,beach nourishment,coastal process features, breach and overwash response,endangered species and wetlands,Client:Suffolk County Dept.of Public Works Engineering Assessment of Groins along the Sea Wall and Beach at Edgewater Park, Bronx, NY; 8114-11/14. Senior Environmental Scientist.This project involved developing a condition assessment report for the existing groin fields and sea wall that lines the perimeter of the development's waterfront. Mr, Grover provided coastal processes analyses and recommendations for storm protection and recreational beach restoration for this urban community protected by an aging seawall nearing the end of its useful life. Various levels of storm protection were discussed, with maintenance of the coastal aesthetics being a priority, as well as options for repairing a series of groins, piers, and access ramps. In this location, Superstorm Sandy exceed the projected FEMA 100-year flood, and so the discussion included a wide range of hurricane protection scenarios.Client: Edgewater Park Owner's Cooperative Overlook Beach Sand Placement Analysis, Babylon, NY; 7/13-8/13.Project Director.The project involved collecting elevation data on Overlook Beach for an area approximately 1,000-ft- long by 600-ft-deep. This survey established the existing "post-Sandy' topography of the beach. Client:Town of Babylon Giacopelli vs. Strecker, Quogue, NY; 9112, Project Director.This project involved the examination of shoreline and determination of cause of shoreline alteration, This project also included expert testimony on causes of shoreline change. Client: Sinnreich Kosakof& Messina, LLP Sebonack Neck Private Golf Course Property, Southampton, NY. Environmental Scientist.This project involved an Environmental Impact Statement, preliminary design,final design, construction documents, permitting and construction support for a new organic golf course located on environmentally sensitive land abutting the Peconic Bay. Mr. Grover prepared complete EIS, habitat inventory, Natural Resources Management Plans,wildlife inventory, native habitat restoration plan and water resources protection plan for 298- acre waterfront property. Mr. Grover was responsible for creating a plan which preserved 80 acres of tidal and freshwater wetlands with adequate buffers and runoff controls to ensure their protection. Work included scope determination, wetlands, endangered species, Audubon certification assistance, irrigation analysis and coordination. Project included extensive mitigation and provision of public benefits. Client: Sebonack Properties LLC Long Island Expressway/Cross Island Parkway, Exits 29.32, Contract 0012553, Queens, NY. Environmental Scientist. This $147-million project involved construction inspection services for the rehabilitation of the Long Island Expressway/Cross Island Parkway(LIE/CIP)interchange.A key element of the project was the restoration of the original Alley Pond,which had become chocked with sediment and covered with Phragmites. The plan included the construction of sediment basins and various BMP's and the dredging of contaminated sediments and the Phragmites root mass from the pond. During construction, inspected by GPI, our personnel were responsible for continuous turbidity monitoring for the protection of Alley Creek, a tributary of Little Neck Bay. Responsibilities included providing technical assistance/construction support for erosion/sediment control and for the restoration of a degraded urban pond/wetland system.The restoration included removal of invasive species and dredging to restore open water for use by resident and wintering waterfowl and other wildlife.Client: New York State Dept.of Transportation Smith Point County Park, Suffolk County, NY. Environmental Scientist.This project included an update of the Master Plan and the design of a program and plans for the management of sediment.In response to a sediment budget disruption caused by Moriches Inlet, GPI designed a multi-phased management plan, Phase I involved the dredging of 250,000 cu yds of sediment from an off-shore borrow area for use as beach nourishment. Phase II involved the construction of ponds for storebird habitat,with the resulting 250,000 cu yds of spoil being used as beach nourishment, as well. Phase III involves working with Federal Agencies to modify Moriches Inlet maintenance practices.Several extensive Environmental Assessments were prepared.Client:Suffolk County Dept.of Public Works Other projects include: D I� C EV 2 • Erosion/Hurricane Mitigation Studies,South Shore, LI NYS L • NYS Tidal Wetlands Acquisition Program • Santapogue Creek Environmental Studies, Babylon,NY MAY 1 5 2019 • Jones Beach Theater,Village of East Hampton, NY • Bellport Wetlands Assessment, Bellport, NY Lattin ton Wetlands Investigations, Lattin ton, NY Southold Town • 9 9 g Bar of Trus ee • Hydrogeological Study,area surrounding the headwaters of Strong's Creek,Village of Lindenhurst, Lake Montauk Water Quality,Town of East Hampton, NY GPI Page 2 1 Grover • Utica Wetlands Mitigation, Brooklyn-Queens Expressway noise and air quality evaluations • New Highway Environmental Impact Statement • Glenridge Road Environmental Assessment and Wetland Investigation(NYS Dept.of Transportation) • Udalis Cove Wetlands Assessment for the NYS DEC • Fuel farm investigations and remedial action plans,Stewart Airport, NY • Flood Plain Management Ordinance(Village of Babylon) • Coastal Dynamics of the Town of Oyster Bay Beach(Town of Oyster Bay) • Wetlands Mitigation&EIS for the Cohoes Arterial(NYS Dept.of Transportation) • Periodic Erosion of Sand Barriers Gives Life to Coastal Ponds(published in National Fisherman) Mr. Grover currently serves on the South Shore Estuary Reserve Council, which is empowered by'State legislation to direct and oversee a comprehensive management plan for the Long Island South Shore Estuary Complex. Mr. Grover has also been responsible for a major portion of GPI's Environmental Impact Statements and Assessments and has prepared over 100 environmental reports for coastal/marine development projects, parks and recreation facilities, solid waste management facilities,highway and bridge projects and resource management plans. Mr. Grover is thoroughly familiar with state-of-the-art methods of environmental analysis requiring specialized services such as the following: • Coastal processes and erosion/sedimentation studies. Wetland and special habitat mitigation. • Hydrogeological and groundwater studies. • Highway air quality assessments and models. • Transportation noise evaluation using the latest computer modeling techniques. Additionally, he is thoroughly knowledgeable in federal and state environmental laws and procedures as they relate to the Long Island Environment. Mr. Grover has written and published numerous technical documents relating to coastal processes and hydrology: A partial list includes: • Fire Island Inlet to Montauk Point, US Army Corps of Engineers • Oak Beach Erosion Study,Town of Babylon, NY E CO. E � V E • Report on Cedar Beach Dynamics,Town of Babylon, NY • Tanner Park Shoreline Report,Town of Babylon, NY • Erosion of Town Owned Property Report,Town of East Hampton, NY M AY 1 5 2019 • Report on Open Space: Dunes,County of Suffolk,NY Erosion of Georgica Beach,Village of East Hampton,NY Coastal Setback and Related Laws Report,Town of East Hampton, NY Southold Town Bard of Tr stens • Report on Beach and Dune Erosion,Private Client • Report on Erosion of Jones Beach, Private Client • Report on Coastal Stability, Private Client • Goldsmith Inlet Jetty Shoreline impact Study, County of Suffolk, NY Mr.Grover has also served as the Environmental Quality Review agent for the Village of Lindenhurst, New York.He has prepared flood plain management, environmental quality review and community noise regulations for numerous local communities,and as a public service, Mr.Grover has delivered more than a dozen lectures before citizen and conservation groups and on television and radio. He is thoroughly familiar with current methods of environmental analysis requiring specialized services,including wetland and special habitat mitigation,transportation noise evaluation using modern computer modeling techniques, highway air quality assessments and models, coastal processes and erosion/sedimentation studies and hydrogeological and groundwater studies. Honors/Citations Guest Speaker at the"Save the Bays Workshop on Storm Water Runoff,sponsored by the Cornell Cooperative Extension(Marine Program)and letter of citation from the Village of Rockville Centre for his efforts in the preparation of the SEQRA evaluation for the proposed development of the north portion of the Village(reference: Mr. E.A.Yourch, Dep. Mayor) GPI Page 3 1 Grover The following is a partial list of publications/technical documents relating to coastal process and hydrogeology,through the late 1980's: Year Title Client 1973 Report-on Open Space: Dunes Town of East Hampton,NY 1974 Fire Island Inlet to Montauk Point US Army,Corps of Engineers Long Island Beach Erosion and Hurricane Project, Phase I General Design Memorandum 1975 Tanner Park Beach Facility Town of Babylon, NY 1976 Report on Erosion of Jones Beach Private 1976 Feasibility Study for the Dredging of Back City of Annapolis,MD Creek 1977 Erosion of Georgica Beach Village of East Hampton, NY 1977 Report on Beach and Dune Erosion at the Private Property of Frank Wyman 1978 Oak Beach Erosion Study Town of Babylon,NY 1979 Hydrogeological Study,Area Surrounding the Village of Lindenhurst,NY Headwaters of Strong's Creek 1979 Report on Subsurface Oil Spill at Scudder Copaigue School District, NY Avenue School, Copaigue,NY 1979 Salinity Has Risen in Great South Bay But No Published in National Fisherman One Knows Why 1980 Report on Coastal Stability, Laurel, Purchase Private Montauk, NY 1981 Tanner Park Shoreline Town of Babylon, NY 1981 Application of Spalding et.al., Special Permit Town of East Hampton,NY For Timber Groin Field 1981 Report on the Erosion of Town Owned Town of East Hampton,NY Property Between Captain Kidd's Path and Block Island Sound 1981 Goldsmith Inlet Jetty Shoreline Impact Study County of Suffolk, NY 1982 Recommendations for Coastal Setback and Town of East Hampton,NY Related Laws 1982 Lake Montauk Water Quality Town of East Hampton,NY 1982 Periodic Erosion of Sand Barriers Gives Published in National Fisherman Life to Coastal Ponds 1982 Iron Pier Beach Town of Riverhead, NY , E C E � � E 1982 Wetlands Mitigation/Cohoes New York State Arterial DOT 1982 Robbins Island Environmental Surrey Suffolk County,NY 1983 Regulatory Coordination/Port Jefferson Ferry Private M AY 1 5 2019 Terminal 1983 Shellfish Management Component/ Town of Brookhaven, NY Brookhaven Coastal Plan Southold Town 1983 Speonk Jetty Erosion Study Suffolk County,NY Boar of Trusteps 1983 Review of Three-mile Harbor Plan Town of East Hampton,NY 1983 Regulatory Coordination/Jones Beach Theater NYS Parks&Recreation 1983 Ronkonkoma Wetlands Survey and Assessment Suffolk County,NY 1984 Coastal Energy Impact Program Town of Brookhaven, NY 1984 Biostatistical Analysis of Shellfish Populations Town of Brookhaven, NY 1984 Glenridge Road Wetland Investigations New York State Dept.of Transportation 1984 Wetlands Assessment and Expert Testimony Private Remsenburg, NY 1984 Utica Wetlands Mitigation Plan New York State DOT GPI Page 41 Grover 1984 Mayo Beach Shore Erosion Study Anne Arundel County, MD 1985 Santapogue Creek Environmental Study Town of Babylon, NY 1985 Feld Property Seawall Impact Study Private 1986 Coastal Dynamics,Town Ocean Beaches Town of Babylon, NY 1986 Environmental Survey,3500-acre Private Private Island 1986 Coastal Dynamics of Town of Oyster Bay Beach Town of Oyster Bay, NY 1986 Swan Pond Wetlands Assessment County of Suffolk, NY 1986 Lattingtown Wetlands Investigations Village of Lattingtown,NY 1987 Flood Plain Management Ordinance Village of Lindenhurst, NY 1987 Bellport Wetlands Assessment New York State DEC 1987 Flood Plain Management Ordinance Village of Babylon,NY 1987 Udalis Cove Wetlands Assessment New York State DEC 1987 Moss Property Shoreline Processes Private 1978 Annual Biostatistical Analysis/Shellfish and Town of Babylon,NY Predator Population ECEHE MAY 1 5 2019 Southold Town Rn2rd of Tr steps GPI Page 5 1 Grover +T � '�$ '1►� .ti`s'. � .' •j r, , y ' ,. Al Ak N S170 'I IT Le • � 3 '` �: ' t,`` it � lj��; /' ,.. ars'-�� '� -- „ �.,� >�` •� ., , / � \v;R t t I «! ' a ECEDVE MAY 1 5 2019 Southold Town ar of Trustees GPIEngmeenng Design I Planning I Construction Managen VIA HAND DELIVERY Southold Town Zoning Board of Appeals March 21,2018 Attention: Leslie Kanes Weisman, Chairperson 54375 Main Road P.O. Box 1179 Southold,NY 11971 D V Re: Application for Variances 1505 Birdseye Road,LLC MAY 1 5 2019 ZBA File No. 7140 Suffolk County Tax Map No. 1000-17-1-4 Southold Town ar o Trustees Dear Chairperson Weisman and Board Members: On March 1, 2018, I presented testimony in opposition to the referenced application,based on my expertise in coastal sciences and the physical processes that drive the behavior of coastal bluffs. That expertise was summarized in my previous letter to the board and in my resume which was attached. In the course of my March 1 testimony, I pointed out that there was an error in the delineation of the top of bluff on the applicant's survey,which, also, was erroneously labeled as the"top of bank". The purpose of this letter is to present my determination of the top of bluff, which when correctly shown on the survey, brings the proposed development closer to the top of bluff than represented in the application,and also, to briefly discuss an element of coastal dynamics that I neglected to mention on March 1. Attached is a copy of the applicant's survey on which I marked the correct Top of Bluff in accordance with the definition in the Town Code. By measuring on the survey,I was able to determine that the actual top of bluff is 12.95 feet further landward than the line previously delineated as"top of bank". My calculations are presented on the attached survey copy. This brings the applicant's proposed structure closer to the top of the bluff than 40 feet,a very unsafe distance and not in keeping with the purposes of the Town's bluff Setback ordinance. In making my determination; I also consulted the NYSDOT high resolution LIDAR survey data for the property, so that I could consider the topography beyond the limits of the subject property. A copy of the LIDAR survey, is attached, as well. Since I did not raise this issue on March 1, I would like to take this opportunity to briefly discuss sea level rise,and its potential and likely impact on the bluff. The official NYSDEC medium range projection for thirty years into the future is that sea level rise in the Long Island region will be about 16 inches. The high- medium range projection,which I favor, is 21 inches. This rate of sea level rise is expected to have a ' n Greeninan-Pedersen Inc 325 West Main Street Babylon NY 11702 p 631-587-5060 a Y t 0 I r • devastating impact on the coastal bluffs on Long Island, as the bluff face will be subject to much more frequent wave attack,and bluff failures will occur with increasing frequency. It important to point out a critical difference between the erosion of sandy beaches and that of coastal bluffs. Sandy beach and dune formations have the ability to recover from storm damage, as gentler waves typically return some percentage of the eroded sand back to the beach. Conversely, bluff erosion is not recoverable. It is permanent, unless one wants to wait for the next glacier. Since thirty years is a reasonable planning horizon for a residential structure,this rate of sea level rise really highlights the necessity to strictly enforce bluff setbacks in the Town. Based on the correctly delineated top of bluff, and adding additional concern over the projected rate of sea level rise in the next 30 years, I am even more concerned about the wisdom of the applicants proposed plan. I strongly recommend denial of the application. Sincerely, Robert Grover Vice President, H :E:=� Vr' Director of Environmental and Coastal Sciences 1 5 2019 Southold Town t GPI 1 AY 2019 SOUTHOLD, ' r'c7' - �4..ASL..• � - tf t . :� � _ .. i' .r •K: W �`�rte'+ _ •' S u _i r:_ ��'�� � J"' s „moo i.�,' j •��E "�4.. � �y 1 .k7t �ra' t�7 �x ��rl �• r� �� 11i1]� f�g} - r.-.� r •�, J 7 b - t: r.� s'�i'•t _o L�r�?�`� �lii y '�/ qty'�,: �.. Cj �' w$'cr- ee •ti ,fi r d'H Je11 : ] �a f? ✓wt� a i jp .�_� .t.."' •:. 1 � � � ':✓/! M i ..�'• ,,! �V'I Nod' 1 l rJ Y ,- f ��• f ir7`h - r t}I •r lo�.i..•r '13+u• F.r Ik ,' �i. 1. r - „'� �'k S ^x,a`-r �-0`�iy r 7+ :M r `'�,,L. •?a` ,,, �� w 4 f •�i:. .ty f '°r" 6 r 3'fJ rira ,• ,':,�i f d/tom+,i• {; 3� � ...r,s t 'r��t��rr. � 7ja.r 1 �,� .cZ� ,^.�.{ � •- �-�f� �,.:. �R�' ��} $ 'ir• . �sR / )ry. �1cJ �2 ��6r w ..• t«'. J -_� j..•5 ..r. ��f f 1 f' ,. f i .., � '4n .w. ` "•}'H • f �x Y1 � v � r, �: �% 2 ��• ._.���• r,� .F , ? �. '�"�e f4 `✓'Qt3^szi� .-j •Gem s�`.�•- �.4 f;� P.i.cr�ir4s'+_' ;f' t a •ar {�f�nl;�`' 1... kLlr �.t��y •l �,1: '� '� �• }' .. )' r .f/�; ;.. '-, �a ' �.•. ♦� 4i .{,. L / �. / •I.. pA..v'' 1 S p..17``'" .�V� ••et' �.. S u•, a oG `c r i^ 'i � q �..Cs€, t �e '�'�s� ; � .• •T• ,c•a' f /�G� ,, rc, � .T -•�,'. 1;�w 1-• -� -tea.=�. I`•�7 �.� .�''' -:. - .;�a��•e.� � �{=� � . Y 4:R jj'fLG"*,•.�,-.�`��'* f�j / -- .��', t/ �,?� - ,•K,t � l.0:_i. .v � -• •�t�lC.i rt.:. ¢ -. (ff �•'-���„+ M1+�-'.- ��; .� �•...� N h �b� SURVEY OF PROPERTY AT ORIENT TOWN OF SOUTHOLD l SUFFOLK COUNTY, N.Y. XAM P-40 carom lz Z012 �• aFcMvED 1 NOV F 12017 zorotac eoaao oFaaaFals ) � �GAKut.AT(1� viptfE3l0r/ 4Q r i S. A7bt Or.6f,+K To T C('ot<ISO. 6Lofy sd D. r .13Twine = 12.45. N p, � / e +n � i /�WL�� FEST rAfL DATA q-� 6161' A4r A9ow iaw tt/ K nr.arn w umo .MM.AAIrhq XW K Ir a' \ tlRaM�IJM GIETAW A'.• \\ ram 1101 MapM-Oi-IM AGII.RR NnaY J- wa^mmr ram,,oxm rr enar nrr,,cr 7n I .-AST MAY 1 5 2019 Coe.trap MAY Paolo b and oc d I-1.ft—MIT J 10XVNIN r f EilYAIIMS A170 Qi�rTCrm tr+FS ARE RETf7dl)AaeO 10 futn $olJl�lol>'� Town AREA= 1366 ACRES TO TIE LINE$^ Board of Irusiees I am famf,6r NN IM SIANOWW MR APMVAL tix� AND CMSixWI)(V Cr SLOSfllU'ACE SEWAGE DISPOSAL Sr4RVS FOR SRI=FAUX Re9'OENOeb -4maa amolfrry LI-ard}Em1 HI PoMh b1aMr and m M. Tho k.11.of w01 and—p-11 Aran hoary aro • fan Ord ofix—vtIm1 and ar Aam darn ob(~fom otht— wrumuoova 4207%m oo rrwKroA vaAtxAr AfAlN •;.,s An Asan rr Eferw>ra r nAr Aa.roar m,r munuov ui ROAD //��� P 'r CIVSKAS ACI SWW MIUAS1 M12W A A4 0XISIX M0 {W[, ',r(J pd7a1) WKM AAC MM M INS W Ara OW43 fa¢Ir a4T r SAD AWsw nwt �mac�sm Was awrene t7 L M71 SwOrm,ALr,rrnn 12-260 to M AY 1 5 2019 Se�tnold 1;,,vn Board of Trustees February 26,2018 P,ECEYVED VIA HAND DELIVERY FEB 2 9 20 Southold Town Zoning Board of Appeals Attention: Leslie Kanes Weisman, Chairperson ®(VYNG BOARD OF APPA 54375 Main Road P.O.Box 1179 Southold,NY 11971 D E C r' 0 ' E Re: Application of for Variances 1505 Birdseye Road,LLC M AY1 5 2019 ZBA File No. 7140 Suffolk County Tax Map No. 1000-17-1-4 Southold Town B and o Trus ees Dear Chairperson Weisman and Board Members: I am a licensed architect and the sole owner of Mark C.Matthews Architecture P.C.,which has offices located at 54 Hampton Road, Southampton,NY. I have been an architect for the past 42 years, and I have drafted plans for the construction of residential homes and accessory structures on the East End of Long Island for the past 42 years. These plans include homes located on the Long Island waters for over 80 projects. My firm has been hired by John Josephson,who owns properties on Birdseye Road, Orient, adjacent to the property owned by 1505 Birdseye Road,LLC(the"Applicant"). I have reviewed the Applicant's application for several variances,including a variance of 50 feet from the top of the bluff to construct a house,terrace,pool and pool deck; a variance to 41.7 feet from the front property line to build a 796 square foot pedestrian entry bridge; and a variance for an 8-foot deer fence surrounding the ' property,including in the front yard. I have prepared a site plan for 1505 Birdseye Road,a copy of which is enclosed,which shows that the Applicant has a buildable area in conformance in all respects with the Southold Town Code of 12,954 square feet. This"as of right"area conforms to all of the Town Code's setback requirements, including 100 feet front the top of the bluff and 50 feet from the front property line. In my considered opinion,this buildable area can accommodate a 6,028 square foot dwelling, terrace,pool and pool deck that would be located 100 feet from the top of the bluff and 50 feet from the front property line. I also see no reason why the Applicant cannot install a pedestrian entry bridge that is 50 feet from the front property line. Since there is more than adequate space to locate a very sizable house,pool,terrace and pool deck that conforms in all"respects to the Town Code,I receommend that the Applicant's requested variances be denied. Sincerely, Mark Ma 54 Hampton Road 7V;:2 Southampton, New York 11968 Tel, 631-283-5647 Fax: 631-283-8984 M A R K M A T T H E W S A R C H 1 T E C T MARK C. MATTHEWS • 42 Years of Business in Southampton • Member AIA • Over 300 Regional Projects • Licensed NY , FL • Significant percentage of repeat and referral work from client base • Rhode Island School of Design, Bach Architecture 1971 PRACTICE AREAS • Residential Architecture • Retail Design • Permit Expediting Consultation • Sub Division Strategic Planning • Waterfront Project Design • Furniture Design PROJECT EXPERIENCE Mark C. Matthews has been practicing in Southampton and the vicinity for over a quarter of a century. Known primarily for his residential work, his firm has been D retained to exercise their design and problem solving skills in a range of areas which include the design of retail space, commercial office design and waterfront utilization. While the majority of the client base for the MAY 1 5 2019 firm has been from the private sector, local Community Service organizations have looked to the firm' to southold Town facilitate the design of such diverse edifices as church us e steeples and club houses. While Mark Matthews has provided professional consulting services on projects in a variety of locations, the firm's particular strength is its depth of experience in the unique environment of the South Fork of Long Island. More than half of the residential projects border fragile wetlands areas or have to confront the particular issues of a coastal environment. The concerns of development impact, so close to local interest, are at the forefront of this firm's design considerations. The Firm's design solutions utilize materials and forms' which conform to this waterfront landscape. The scale of the projects undertaken by Mark Matthews, reflect the breadth of his firm's experience. The firm has undertaken multi residential complexes along with the most minor renovations. Project budgets have ranged from millions of dollars to the most limited. State of the art technology has been incorporated into structures constructed using age old building techniques. Every aspect of residential design has been part of this firm's practice. ' I i 0. m N m N � \ N /- \\ MAY 1 5 2019 - \ Southold Town - GEHL `, Boardof Trustees l \ TOP OF `\ \ BLUFF \ � I \\ I � I \ I o \ I \ I \ O. TOTAL AREA:1 556 ACRES TO THE TIE LINE (ACCORDING TO THE SURVEY 5UBMITTED BY \ PEGONIG 5VRVEYOR5.P G M05T REENTLY KEV15Ev ON JANUARY 24,2015) \ / v m m w t x V 0.' d Q0 w Q E 1 505 BIRDSEYE ROAD, ORIENT y E MAY 1 5 2019 Southold Town Board of Trustees P1Engineering Design Planning Construction Management May 15, 2019 VIA EMAIL AND HAND DELIVERY E 2 2 E Town of Southold, Board of Trustees D Attn: Michael J. Domino,President 54375 Main Road P.O. Box 1179 M AY 1 5 2019 Southold,NY 11971 Southold Town Re: Application for Wetland Permit Bard of Trustees 1505 Birdseye Road,LLC Suffolk County Tax Map No. 1000-17-1-4 Dear Chairperson Domino and Board Members: t By way of background,I am the Vice-President and Director of Environmental and Coastal Sciences at Greenman-Pedersen,Inc. (GPI),which is a firm with a staff of over.1,300 professionals, including .t Iengineers,planners, scientists,technicians,and inspectors. I have been employed by GPI for well over forty (40)years as an Environmental Scientist specializing in coastal issues,which has included projects relating I to coastal management studies, tidal/freshwater wetlands, environmental impact investigations, and erosion studies. I have conducted over three hundred(300)environmental evaluations,including well over fifty (50) on the East End of Long Island. I have been a consultant for many municipalities on coastal studies, including serving presently as the environmental consultant for County of Suffolk on the massive Fire Island to Montauk Project. In addition, I served as the lead Environmental Scientist on the Sebonack Golf Course in Southampton,which included being responsible for preparing the environmental impact statement,bluff recession analysis,habitat inventory,natural resources plans,native habitat restoration plan, and water resources protection plan. A copy of my resume is enclosed. i My firm represents John Josephson and Carolina Zapf,owners of the home and properties located at 1515 Birdseye Road, 900 Birdseye Road and 700 Birdseye Road, and identified on the Suffolk County Tax Map as 1000-17-2-1.11, 6.5 and 1.14, respectively, which three properties are immediately adjacent to and directly south of the property owned by 1505 Birdseye Road,LLC (the"Applicant"), located at 1505 Birdseye Road(SCTM 1000-17-1-4)(the"Subject Parcel"). I submit this letter in response and opposition to the Applicant's Wetland application(the"Application"),which seeks to construct,among other things, a house exceeding 6,000 square feet, with decks, terraces and swimming pool totaling over 7,000 square feet, within one hundred (100) feet from the "top of bluff' in violation of Town Code Sections 280- 116(A)(2) and 275-3(D). Greenman-Pedersen Inc 325'W"Main Street Rabylon.NY 11702 p 631-5117.5050 ECEHE uMAY 1 5 2019 Southold Town B aro TrustQes On February 21,2018, I conducted a site investigation of the property located at 1505 Birdseye Road, Orient(the"Subject Premises"). The Subject Premises is a heavily vegetated vacant lot,which contains extreme geological constraints, including steep slopes, swales and coastal bluffs. Because of these extreme constraints, it is my professional opinion that this parcel is not suitable for any development. This may be the reason why this property has never been developed. First,I must admit confusion over how the top of bluff,delineated by myself at the March,2018, Board of Appeals hearing on a copy of the applicants survey, and subsequently confirmed by the Town Engineer and the Board of Trustees, has been reverted back to a previous and incorrect location, and more importantly, has been relabeled in part as a"top of bank". The argument that the sound-facing slope is a"bank", and not a"bluff',is without merit. Using the applicant's survey,I carefully drew two transect lines perpendicular to the slope,and marked a distance of 50 feet on each,using the 50' right-of-way as a benchmark. I then interpreted the contours to determine the elevation difference on each transect. As shown on the attached sketch,the slopes are 22% and 24%respectively, both greater than the 20% criterion specified in the Town Code definition of"bluff'. Both of these transects, it should be pointed out, lead down to a sound-fronting beach. In addition,the NYSDEC Coastal Erosion Hazard Area Map clearly shows a continuous, unbroken, bluff line across the applicant's property. The Application also reveals the extensive regrading and other development activities required for this project, which, as I have previously testified,before the Southold Town Zoning Board of Appeals,will have a substantial impact on the bluff and neighbors' properties, including the possibility of soil liquefaction, which can result in catastrophic bluff failure. These proposed activities include fill of 1,293 cubic yards of material up to six(6) feet in height;utilizing,among other heavy machinery, dump trucks, front end loaders, and bulldozers;excavation of 5,500 cubic feet; and infilling of 53,354 cubic feet,none of which are compatible with the project's proximity to a coastal bluff. Moreover, introducing impermeable surfaces within the 100-foot bluff setback area will result in the alteration of significant drainage on the Subject Premises, and will change the soil structure and vegetation upon the Subject Premises,which will likely have the effect over time of damaging the bluff. If this property must be developed,there certainly is plenty of room on the Subject Premises for a reasonably sized house and other improvements to be sited beyond the prudent 100-foot bluff setback line, without encroaching on the swale. As such,there is no question that the Applicant has feasible alternatives 2 N other than the requested project. Locating a house and any other improvements in a more appropriate location setback 100 feet from the bluff will require some grading and possibly some retaining walls, however,the adverse impacts to neighboring properties and the bluff would certainly be less than the impact if the proposed application is approved. Finally, it is critically important,in this era of rapid climate change,to consider sea level rise, and its potential and likely impact on the bluff. The official NYSDEC medium range projection for thirty years into the future is that sea level rise in the Long Island region will be about 16 inches. The high-medium range projection,which I, and now most coastal scientists favor, is 21 inches. This rate of sea level rise is expected to have a devastating impact on the coastal bluffs on Long Island, as the bluff face will be subject to much more frequent wave attack,and a higher portion of the bluff face,and bluff failures will occur with increasing frequency. It important to point out a critical difference between the erosion of sandy beaches and that of coastal bluffs. Sandy beach and dune formations have the ability to recover from storm damage, as gentler waves typically return some percentage of the eroded sand back to the beach. Conversely,bluff erosion is not recoverable. It is permanent,unless one wants to wait for the next glacier. Since thirty years is a reasonable planning horizon for a residential structure,this 21-inch rate of sea level rise really highlights the necessity to strictly enforce bluff setbacks in the Town. Based on the correctly delineated top of bluff and adding additional concern over the projected rate of sea level rise in the next 30 years,I am even more concerned about the wisdom of the applicants proposed plan. I strongly recommend that this construction project be moved further south to comply with the 100 foot setback requirements in the Town Code. In Sum,whether the Town calls this significant protective feature a"bluff' or"bank,"this property lies within a very fragile environmental area, and therefore,it must be protected for its entire width. Sincerely, ECEIVE Robert Grover Vice President, MAY 1 5 2019 Director of Environmental and Coastal Sciences Southold Town ard of Trustees 3 U - � GEI ! C M AY 1 5 2019 Southold Town Boar of rustee -�/ r BtOZ L l BdV 1�`.�� 2b- I5L; SURVEY OF PROPERTY �J lJ �`t° 12- I • 2`�7v TOWN OF SOUTHOLD © SUFFOLK COUNTY, N.Y. 1000-17-01-04 �• i / `tm SCALE: 1'= 40' OCTOBER 17+ 2012 (RE17510N) r vQ �/ J 10.•- JANUARY 2.240(Ap+JJ710`♦S) / A� / Y �, AUCUST 2,261'J(RE4i5E0 BIRO,EN+t2l.OPE) JJ Al J �d� �'' /" 2ene b=e`'"' /p aCT09ER 34.2011( ARtt1C k BIUFf'LCCATIDN) . a�CP' /,,AA,�ffOn� �'�/� r t 1? JANUARY JAWARY02,4�3,410 10 (RENS M HOUSE) APRIL 9,77018(REVISIONS) TOP OF BLUFF LINE AS FLAGGED BY JOHN BREDEMEYER, TOM TRUSTEE: RXEWED. 2ONIN179OARUOFAPPEAIS �- ✓ St 10p ZZff v !�o �yyyy EXISMQN CREST OF BLUFF 4�� �0 : r•.`. 1 {�, •�*t FLAGS ADDED BY/L7IER SCIENCE ON 09/2J/14, EXIDVOING THE BLUFF CREST TO EASTERN LOT UNE '� t !,f I S7ItF \b HOUSE\FOI)NDARON25 WALL �°• / . /' t\ 0 7M HOLE OAtA m y 7nASE ' s ax a_ �° �LxI i}t , AkaGW10 ceTuaETIaE EL 21.9•- 'P.� '`.` �r �•, +• 514'. �T l ty PATE6RORTI&4NOr SILT GRAVEL AIL tea `1 �2 �'K �+��• 1 tR w/7H !N 4ATFR5 . Q° EL S9' 18' `, , 2� �1 • .a.+ r 21'WATER OJ PALE BMW MLTY ML ?V. WATER IN BROYN CLAYEY SAND SC 0 U EL r WATER 1N BRONN FHE TO COARSE SAND SP f Fi`1tP 3n`. R '•L e�6° • N01E WATER ENCOUNTERED IB' Q1GNZ p i p� "~y BELOW SYRFAC£ All ox se RAIN RUNOFF GONTAINME �It)� ms"A ��aG SEPTIC SYSTEM DETAIL 'q.�" Nor ToseAec PROPOSED HOUSE ROOF AREA • 6,076 SOFT FlNtSN[D egADr 6,076 X D n X to• 1024 76 Cl FT EL 240" !02476 6UFT /'4971 SOFT • 2496 LIN FT. \ ,VASQvARY Ct TsY` 0 , 1 ASOV Y CNMYEY PROVIDE 141 DP•Y TRWELLS 6'P X 8 DEEP \ 1+7/ 3200 FT EgUIRED RIM ELELV MO ` I nm 1 SEPTIC '�u R' 1 Sp• IS00 'CALPRECAST Po a o j ` SETIC TANK SDDND DAM 1 nq D R a o G 1 I Pagaenbmp I o a,rai amoo i I Ttii'aanc+n oe c � J• aq cyaecmma 1 -$J• �" onaa aamAo I i Y SARO COLLAR ON Uf / I SAND LEACHING POOL 6• \ L---� J--__J I / REAIOvf UATMAL s'A To j \ , �--_ g•_.— SUD(9•)k eACK1711.xi TH a I rnj SAND(SPO Dom M SA v(SP) I ■ = MONUMENT = BLUFF FLAGS PRtSPDSEf3_ SfipTl�4Y 7E11 • 4 BEDROOM HOL15E Flood Zone lines f CEHL from Cnes from FIRM 36103C0064H Photo 48 I-PREGA5T two GALLON CYLINDRICAL 5EPTIc TAW 66 X s' DEET and actual contours I-LEAGHINEI POoL5 6'4 X I6•DEEP WITH J.SAf9 cou-'a BUILDING ZONE R-40 ELEVATIONS AND CONTOUR LINES ARE REFERENCED To NAVD. 3 to oa AREA= 1.356 ACRES TO TIE LINE . � =W 6� 126 I am familiar with the STANDARDS FOR APPROVAL 'n1 m ANO CONSIRUC71ON OF SUBSURFACE'SEWAGE DISPOSAL SYSIEN.S FOR SjN0LE FAA0LY RESIOENCES Oe tI� and will abide by the conditrar7s set (drlh therorn and on the permit to construct. The location of wells and cesspools shown hereon are �i1,.;z^:r.•;; from Aeld observations and or from (1610 obtolned from others. YY zr l" M ANY ALMRARON CRA091170,1 Ta TMS SURt4Y/S A MU RM t` or r EF'CBG4 YR Or THE NEW YDAX SSIM 2,,ALL E CAW. AIAI� �..\a.tr,�A tf '•�,U� N0. 49618 HEE•RRMI AA£�VAUD FOR nns MA 0OPjSAfREOF.DiVLLr Drs ROAD (.SR 25 PECQNtc,SuRyFYaRS. Rr« KMSAM Aub A cabURC A BEAR 171E ltAPRESSID SEAL OF ACE SVAVE'YOR P.O. 7Ri5-so2D FAX(531) 765-1797 B1t0�St(A+lA7URE AFP£ARS NEREAv, P.O. BOX 9Q9 U , rstoTHO D � iT 12-260 Robert Grover Director of Environmental Sciences g Professional Profile a8N Mr. Grover provides hazard analysis, environmental designs, coastal flooding and erosion evaluations, recommendations, and support for major projects in both the public and private sectors. He has a comprehensive grasp of legal, social, and EDUGAT,ION: r political considerations and their environmental ramifications. Mr. Grover has BS11972/E'nvir6nmehtaLSciencas- authored Flood Plain Land Use Regulations for the Town of East Hampton,Village of Babylon and the Village of Lindenhurst. These municipalities have adopted these regulations in order to comply with the Federal Emergency Management Agency Yr-Aks WITEI E,IRM .4,6. ' (FEMA) requirements regarding Land Use and the use of Flood Insurance Rate TOTAL YSARS. XI*ERIENCE: 46.. Maps (FIRM's). This experience at the local community level is very important in conducting local coordination for large state projects. He has coordinated over 1,000 COURSE:WORK:: ,' environmental regulatory permit proceedings with State and Federal Agencies. 90-Hour.OSHA d6n$trudion Safety=&Health` ;a On projects with NYCDOT, he has interpreted 100-year flood information obtained Tralhing Course " ° 11 1 , gitando FHWA Traffic.Noise Modetin ,.FL., from the National Oceanic and Atmospheric Administration (NOAA) to establish g various flood events used in developing critical roadway and bridge elevations along the Belt Parkway and other major routes. He established critical flood elevations at ,hROFESS IONAIL AFFILIATIONS the Paerdegat Basin Bridge, Roosevelt Island Bridge and Coney Island Creek Bridge American,A°ssodafion for the Advancement.,of','i locations, and this information provided to NYCDOT engineers who utilized it in their determination of critical roadway and bridge elevations within the project corridor. Amefican 4rnithologlsfs.Unlon. In a project with the SCDPW, GPI is providing professional engineering services for Coastal Education'andResearcFi'Foundatlon the Smith Point County Park Seawall Extension. Mr. Grover recently conducted a Coag Island South Shore EstuaryReselNe ? wave scour study in this area to determine wall height and dune requirements Council ;y New York,State Ornithological Soelety necessary for the extension of an existing seawall in order to protect the Flight 800 Suffolk,County(N10�W6tlandsManagement Memorial located at Smith Point Park in the Town of Brookhaven. He has been Work Group; responsible for a major portion of GPI's environmental impact statements and assessments, which includes noise abatement studies involving highway, airport and construction noise, and has prepared over 250 environmental reports for major highway and bridge projects, parks and recreation facilities, public buildings, solid waste management facilities, and resource management plans. He is thoroughly familiar with state-of-the-art methods of transportation noise evaluation using the latest computer modeling techniques. Mr. Grover is a noted authority on coastal environments. Mr. Grover has extensive experience over the last 40 years relating to coastal management studies, wetland projects, sea level rise, environmental impact investigations and erosion studies. Mr. -_ Grover is thoroughly familiar with state-of-the-art methods of environmental analysis �}+ requiring specialized services such as surface and groundwater impact analysis and transportation noise evaluation using the latest computer modeling techniques and measurement equipment. He is also a member of the South Shore Estuary Council M°, Y . . rtao and the Suffolk County Wetlands Management Work Group, A well-known environmental expert, he serves on numerous organizational boards and committees, and delivers numerous lectures. For many years, he lectured on Environmental Law lecture at Southampton College. He writes environmental articles - for periodicals, including a regular conservation column for an Audubon publication. He was the recipient of the 2001 Conservation Award, presented by the Great South Bay Audubon Society. He is thoroughly familiar with state-of-the-art methods of environmental analysis requiring .MAY 5' 4 specialized services such as wetland and special habitat mitigation; coastal processes and erosion/sedimentation studies; and hydrogeological and groundwater studies. Southold Town B ar o IrusteGPI Project Experience South Shore of Long Island, NY. Mr. Grover is currently serving as the consultant to Suffolk County on the Corps of Engineers plan to restore and protect 83 miles of Atlantic Ocean shoreline. He is assisting/advising the County Dept. of Public Works on various elements of the project including storm protection,tidal inlet management, sea level rise, beach nourishment, coastal process features, breach and overwash response, endangered species and wetlands. Client: Suffolk County Dept.of Public Works Engineering Assessment of Groins along the Sea Wall and Beach at Edgewater Park, Bronx, NY; 8/14-11/14. Senior Environmental Scientist. This project involved developing a condition assessment report for the existing groin fields and sea wall that lines the perimeter of the development's waterfront. Mr. Grover provided coastal processes analyses and recommendations for storm protection and recreational beach restoration for this urban community protected by an aging seawall nearing the end of its useful life. Various levels of storm protection were discussed, with maintenance of the coastal aesthetics being a priority, as well as options for repairing a series of groins, piers, and access ramps. In this location, Superstorm Sandy exceed the projected FEMA 100-year flood, and so the discussion included a wide range of hurricane protection scenarios. Client: Edgewater Park Owner's Cooperative Overlook Beach Sand Placement Analysis, Babylon, NY; 7/13-8/13. Project Director. The project involved collecting elevation data on Overlook Beach for an area approximately 1,000-ft- long by 600-ft-deep. This survey established the existing "post-Sandy" topography of the beach. Client: Town of Babylon Giacopelli vs. Strecker, Quogue, NY; 9/12. Project Director. This project involved the examination of shoreline and determination of cause of shoreline alteration. This project also included expert testimony on causes of shoreline change. Client: Sinnreich Kosakof & Messina, LLP Sebonack Neck Private Golf Course Property, Southampton, NY. Environmental Scientist. This project involved an Environmental Impact Statement, preliminary design, final design, construction documents, permitting and construction support for a new organic golf course located on environmentally sensitive land abutting the Peconic Bay. Mr. Grover prepared complete EIS, habitat inventory, Natural Resources Management Plans, wildlife inventory, native habitat restoration plan and water resources protection plan for 298- acre waterfront property. Mr. Grover was responsible for creating a plan which preserved 80 acres of tidal and freshwater wetlands with adequate buffers and runoff controls to ensure their protection. Work included scope determination, wetlands, endangered species, Audubon certification assistance, irrigation analysis and coordination. Project included extensive mitigation and provision of public benefits. Client: Sebonack Properties LLC Long Island Expressway/Cross Island Parkway, Exits 29-32, Contract #D012553, Queens, NY. Environmental Scientist. This $147-million project involved construction inspection services for the rehabilitation of the Long Island Expressway/Cross Island Parkway(LIE/CIP) interchange. A key element of the project was the restoration of the original Alley Pond, which had become chocked with sediment and covered with Phragmites. The plan included the construction of sediment basins and various BMP's and the dredging of contaminated sediments and the Phragmites root mass from the pond. During construction, inspected by GPI, our personnel were responsible for continuous turbidity monitoring for the protection of Alley Creek, a tributary of Little Neck Bay. Responsibilities included providing technical assistance/construction support for erosion/sediment control and for the restoration of a degraded urban pond/wetland system. The restoration included removal of invasive species and dredging to restore open water for use by resident and wintering waterfowl and other wildlife. Client: New York State Dept. of Transportation Smith Point County Park, Suffolk County, NY. Environmental Scientist. This project included an update of the Master Plan and the design of a program and plans for the management of sediment. In response to a sediment budget disruption caused by Moriches Inlet, GPI designed a multi-phased management plan. Phase I involved the dredging of 250,000 cu yds of sediment from an off-shore borrow area for use as beach nourishment. Phase II involved the construction of ponds for storebird habitat, with the resulting 250,000 cu yds of spoil being used as beach nourishment, as well. Phase III involves working with Federal Agencies to modify Moriches Inlet maintenance practices. Several extensive Environmental Assessments were prepared. Client: Suffolk County Dept.of Public Works Other projects include: • Erosion/Hurricane Mitigation Studies, South Shore, LI • NYS Tidal Wetlands Acquisition Program • Santapogue Creek Environmental Studies, Babylon, NY MAY 1 5 2019 • Jones Beach Theater,Village of East Hampton, NY • Bellport Wetlands Assessment, Bellport, NY • Lattington Wetlands Investigations, Lattington, NY Southold Town • Hydrogeological Study, area surrounding the headwaters of Strong's Creek,Village of Lindenhur Bard of Tr steel • Lake Montauk Water Quality, Town of East Hampton, NY GP1 Page 2 1 Grover • Utica Wetlands Mitigation, Brooklyn-Queens Expressway noise and air quality evaluations • New Highway Environmental Impact Statement • Glenridge Road Environmental Assessment and Wetland Investigation(NYS Dept. of Transportation) • Udalis Cove Wetlands Assessment for the NYS DEC • Fuel farm investigations and remedial action plans, Stewart Airport, NY • Flood Plain Management Ordinance(Village of Babylon) • Coastal Dynamics of the Town of Oyster Bay Beach (Town of Oyster Bay) • Wetlands Mitigation&EIS for the Cohoes Arterial (NYS Dept. of Transportation) • Periodic Erosion of Sand Barriers Gives Life to Coastal Ponds (published in National Fisherman) Mr. Grover currently serves on the South Shore Estuary Reserve Council, which is empowered by State legislation to direct and oversee a comprehensive management plan for the Long Island South Shore Estuary Complex. Mr. Grover has also been responsible for a major portion of GPI's Environmental Impact Statements and Assessments and has prepared over 100 environmental reports for coastal1marine development projects, parks and recreation facilities, solid waste management facilities, highway and bridge projects and resource management plans. Mr. Grover is thoroughly familiar with state-of-the-art methods of environmental analysis requiring specialized services such as the following: • Coastal processes and erosion/sedimentation studies. • Wetland and special habitat mitigation. • Hydrogeological and groundwater studies. • Highway air quality assessments and models. • Transportation noise evaluation using the latest computer modeling techniques. Additionally, he is thoroughly knowledgeable in federal and state environmental laws and procedures as they relate to the Long Island Environment. Mr. Grover has written and published numerous technical documents relating to coastal processes and hydrology: A partial list includes: • Fire Island Inlet to Montauk Point, US Army Corps of Engineers • Oak Beach Erosion Study, Town of Babylon, NY • Report on Cedar Beach Dynamics, Town of Babylon, NY [rEMAY ] E QV E V • Tanner Park Shoreline Report, Town of Babylon, NY • Erosion of Town Owned Property Report, Town of East Hampton, NY • Report on Open Space: Dunes, County of Suffolk, NY 019 • Erosion of Georgica Beach,Village of East Hampton, NY • Coastal Setback and Related Laws Report,Town of East Hampton, NY Southold Town • Report on Beach and Dune Erosion, Private Client s ar o trustees • Report on Erosion of Jones Beach, Private Client • Report on Coastal Stability, Private Client • Goldsmith Inlet Jetty Shoreline Impact Study, County of Suffolk, NY Mr. Grover has also served as the Environmental Quality Review agent for the Village of Lindenhurst, New York. He has prepared flood plain management,environmental quality review and community noise regulations for numerous local communities, and as a public service, Mr. Grover has delivered more than a dozen lectures before citizen and conservation groups and on television and radio. He is thoroughly familiar with current methods of environmental analysis requiring specialized services, including wetland and special habitat mitigation,transportation noise evaluation using modern computer modeling techniques, highway air quality assessments and models, coastal processes and erosion/sedimentation studies and hydrogeological and groundwater studies. S Honors/Citations Guest Speaker at the"Save the Bays Workshop on Storm Water Runoff', sponsored by the Cornell Cooperative Extension (Marine Program)and letter of citation from the Village of Rockville Centre for his efforts in the preparation of the SEQRA evaluation for the proposed development of the north portion of the Village(reference: Mr. E.A.Yourch, Dep. Mayor) GPI Page 3 1 Grover The following is a partial list of publications/technical documents relating to coastal process and hydrogeology,through the late 1980's: Year Title Client 1973 Report-on Open Space: Dunes Town of East Hampton, NY 1974 Fire Island Inlet to Montauk Point US Army, Corps of Engineers Long Island Beach Erosion and Hurricane Project, Phase I General Design Memorandum 1975 Tanner Park Beach Facility Town of Babylon, NY 1976 Report on Erosion of Jones Beach Private 1976 Feasibility Study for the Dredging of Back City of Annapolis, MD Creek 1977 Erosion of Georgica Beach Village of East Hampton, NY 1977 Report on Beach and Dune Erosion at the Private Property of Frank Wyman 1978 Oak Beach Erosion Study Town of Babylon, NY 1979 Hydrogeological Study,Area Surrounding the Village of Lindenhurst, NY Headwaters of Strong's Creek 1979 Report on Subsurface Oil Spill at Scudder Copaigue School District, NY Avenue School, Copaigue, NY 1979 Salinity Has Risen in Great South Bay But No Published in National Fisherman One Knows Why 1980 Report on Coastal Stability, Laurel, Purchase Private Montauk, NY 1981 Tanner Park Shoreline Town of Babylon, NY 1981 Application of Spalding et. al., Special Permit Town of East Hampton, NY For Timber Groin Field 1981 Report on the Erosion of Town Owned Town of East Hampton, NY Property Between Captain Kidd's Path and Block Island Sound 1981 Goldsmith Inlet Jetty Shoreline Impact Study County of Suffolk, NY 1982 Recommendations for Coastal Setback and Town of East Hampton, NY Related Laws 1982 Lake Montauk Water Quality Town of East Hampton, NY 1982 Periodic Erosion of Sand Barriers Gives Published in National Fisherman Life to Coastal Ponds 1982 Iron Pier Beach Town of Riverhead, NY 1982 Wetlands Mitigation/Cohoes New York State Arterial DOT 1982 Robbins Island Environmental Survey Suffolk County, NYE R C E 0 V E 1983 Regulatory Coordination/Port Jefferson Ferry Private Terminal 1983 Shellfish Management Component/ Town of Brookhaven, NY MAY 1 5 2019 Brookhaven Coastal Plan 1983 Speonk Jetty Erosion Study Suffolk County, NY 1983 Review of Three-mile Harbor Plan Town of East Hampton, NY Southold Town 1983 Regulatory Coordination/Jones Beach Theater NYS Parks&Recreation Bard of Trustees 1983 Ronkonkoma Wetlands Survey and Assessment Suffolk County, NY 1984 Coastal Energy Impact Program Town of Brookhaven, NY 1984 Biostatistical Analysis of Shellfish Populations Town of Brookhaven, NY 1984 Glenridge Road Wetland Investigations New York State Dept. of Transportation 1984 Wetlands Assessment and Expert Testimony Private Remsenburg, NY 1984 Utica Wetlands Mitigation Plan New York State DOT GPI Page 41 Grover 1984 Mayo Beach Shore Erosion Study Anne Arundel County, MD 1985 Santapogue Creek Environmental Study Town of Babylon, NY 1985 Feld Property Seawall Impact Study Private 1986 Coastal Dynamics, Town Ocean Beaches Town of Babylon, NY 1986 Environmental Survey, 3500-acre Private Private Island 1986 Coastal Dynamics of Town of Oyster Bay Beach Town of Oyster Bay, NY 1986 Swan Pond Wetlands Assessment County of Suffolk, NY 1986 Lattingtown Wetlands Investigations Village of Lattingtown, NY 1987 Flood Plain Management Ordinance Village of Lindenhurst, NY 1987 Bellport Wetlands Assessment New York State DEC 1987 Flood Plain Management Ordinance Village of Babylon, NY 1987 Udalis Cove Wetlands Assessment New York State DEC 1987 Moss Property Shoreline Processes Private 1978 Annual Biostatistical Analysis/Shellfish and Town of Babylon, NY Predator Population E I E V E MAY 1 5 2019 Southold Town Board of Trustees GPI Page 5 Grover Michael J. Domino,President �o� SO(/��® Town Hall Annex � John M.Bredemeyer III,Vice-President �® l® 54375 Route 25 P.O. Box 1179 Glenn Goldsmith Southold, New York 11971 A.Nicholas Krupski Telephone(631) 7654892 Greg WilliamsU��'� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES ' TOWN OF SOUTHOLD September 21, 2018 Michael Kimack Attorney At Law PO Box 1047 $ 11 F_ 7,+r7 1 V E Southold, NY 11971 R8: 1505 BIRDSEYE ROAD, LLC, APR 1 9 2019 1505 BIRDSEYE ROAD, ORIENT, NY SCTM#: 1000-17-1-4 Southold Town Board of Trustees Mr. Kimack, With regards to your letter dated August 14, 2018, you have made a.request of the Trustees for interpretation of several items related to the Town Code. After consultation with the Town Attorneys and the Town Engineers, I will attempt to address your requests below, however it is important to note that certain phrases are defined by Chapter 275 of the Town Code. The term BEACH is clearly defined in section 275 of the Town Code as the following: BEACH The zone of unconsolidated earth that extends landward from the mean low-water line to the seaward toe of a dune or bluff, whichever is most seaward. Where no dune or bluff exists landward of a beach, the landward limit of a beach is 100 feet landward from the place where there is a marked change in material or physiographic form or from the line of permanent vegetation, whichever is most seaward. Shorelands subject to seasonal or frequent overwash or inundation are considered to be beaches. The term BLUFF is also clearly defined in section 275 of the Town Code as the following: BLUFF Land presenting with a precipitous or steeply sloped face adjoining a beach or a body of water. For the purposes of this chapter, a precipitous or steeply sloped face shall be a face with a slope of 20% or greater and a height of greater than 20 feet between the toe of the bluff and the top of the bluff. �s rx In regards to terms that are not specifically defined under Chapter 275 of the Town Code shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). Item A: "Sloped Face Adjoining a Beach" The elements of what constitutes a Bluff is clearly defined in the Town Code. The definition of what constitutes adjoining is defined by the latest addition of Webster's Dictionary as "touching or bounding at a point or line". The prerequisites for what constitutes a determination is clearly detailed in §275-2 of the Town Code. Item B: "Sloped Face Toe Not In Contact With Beach" The elements of what constitutes a Bluff is clearly defined in the §275-2 of the Town Code. Item C: "Sloped Face Toe Extends to Property Line" The definitions of natural features such as Bluff, Bluff Line, Toe of Bluff and Top of Bluff are defined by §275-2 of the Town Code. The definitions of these natural features under §275 of the Town Code are not impacted by the intersecting of property lines. A property line is not considered in the defining of a Bluff, Bluff Line, Toe of Bluff and Top of Bluff. Item D: "Setbacks" Setbacks are perpendicular lines drawn at a 90 degree angle from the feature that they reference. When the feature is a continuous line across a parcel from property line to property line, such as a side yard setback, the setback will continue along such feature for the full length of the feature. In the event of a setback based on fixed point, such as a septic or protected tree setback, the,setback-will arc in a 360 degree circle around said feature. In the event that the setback required is a not a continuous line running from property line to property line but rather a geographic feature that ends at a fixed point within the subject properties boundaries, the setback shall run as a perpendicular line at a 90 degree along such feature until such time as the feature reaches its fixed end point at which time the setback shall arc around that fixed point. I trust that this addresses your request. Sincerely, ® E V E / Michael Domino, President R 1 9 2019 Board of Trustees for the Town of Southold Southold TOO a o rus ee Michael J. Domino, President Town Hall Annex John M. Bredemeyer, III, Vice-President y ` '` 54375 Route 25 Glenn Goldsmith a h P.O. Box 1179 A Nicholas Krupski Southold, NY 11971 t. Greg Williams "Y Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD a� TO: 1505 BIRDSEYE ROAD, LLC c/o MICHAEL KIMACK i Please be advised that your application dated April 8, 2019 has been reviewed by this Board at the regular meeting of May 15, 2019 and your application has been approved pending the completion of the following items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) — (Silt boom) 1 st Day of Construction ($50 00) % Constructed ($50.00) xx Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) 30-Year Maintenance Agreement (complete original form enclosed and submit to Board of Trustees Office) >C The Permittee is required to provide evidence that the non-turf buffer condition of the Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES- TOTAL FEES DUE: $.50.00 'o o4p BY: Michael J Domino, President Board of Trustees o StfF0(k,y Michael J. Domi 'resident �Q } Town Hall Annex John M. Bredemeyer Itt" v ice-President `` 54375 Route 25 Glenn Goldsmith y P.O. Box 1179 ze A.Nicholas Krupski 4 Southold,NY 11971 Greg Williams '1' p! Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CA Date/Time: 5- �' -' Completed in field by: - � Michael Kimack on behalf of 1505 BIRDSEYE ROAD, LLC requests a Wetland Permit for clearing and grubbing approximately 16,000sq.ft. from westerly property line following top of bluff/bank to easterly property line and setback 100ft.; infilling: approximately 1,293 yards of the area from proposed landward side of non-turf buffer to 100ft. setback at cellar foundation; proposed I/A system for proposed dwelling; install a 4ft. wide by approximately 155ft. in length ground level foot path, commencing from landward edge of proposed non-turf buffer to toe of bluff with IPE wood step edges; create and perpetually maintain a 15ft. wide non-turf buffer commencing at the westerly property line and following the top of bluff as flagged by Inter Science, converging with the top of bank as flagged by John Bredemeyer, Town Trustee and continuing along such top of bank to the easterly property line, planted with permissible vegetation; construct a two-level dwelling on a cellar as follows: cellar (garage) 2,842sq.ft., first level enclosed area: 2,826sq.ft., second level enclosed area: 2,887sq.ft., total enclosed areas: 5,71.3sq.ft., first level deck: 2,655sq.ft., second level deck:1,756sq.ft., total deck areas: 4,411 sq.ft., pool: 963sq.ft., with a total first level footprint of 6,444sq.ft. Located: 1505 Birdseye Road, Orient. SCTM# 1000-17-1-4 CH. 275-3 - SETBACKS WETLAND BOUNDARY: ! Actual Footage or OK=q Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 Ch. 111 SEQRA Type: I II Unlisted Action Type of Application: Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Survey <_ 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application corn leteness/comments/standards: I have read & acknowledged the foregoing Trustees comments: Agent/Owner: Present were: J. Bredemeyer ` M. Domino G. Goldsmith N. Krupski Williams Other N J� 190 SURVEY OF PROPERTY TTOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-17-01-04 10 SCALE: 1'— 40' 0° 112 Zone Llne �0 OCTOBER 17 '1012 O j )E� / NOVEMBER 30, 2012(REVISION) �° i io i�\ JANUARY 2, 2013 (ADDITIONS) v ?0 /if ?q O �e �l r 30 Coe I-N ,(,2b 32 $ y�� is LlAPA 8 2019 1 ro ow � 0 oto LARGE R ,yti0y,p 4°Q �b SO�iiiO� TiW l Nv.?7 jO• `7ry `,ry/ L.�_ Board V Tr ll,'.BPS 28 26 °m 20' / y FR.HSE sEp Co-. ./ C� UTIL ��o / 16 POLE SPS- 2 w 7 04 UT1L �A OF POLE �wELL y° CN�EDaCEWELL MOSa' s- EL 21.9' p0 pot��a PALE BSusT ML IN SANDY NO " WATER IN PALE BROWN SLTY ML 21' _ \ WA TER IN BROWN CLAYEY SAND SC \ if, \ SEPTIC 110'+ WATER IN BROWN nN£TO COARSE SAND SP s0, M. NOTE WATER ENCOUNTERED 1B' BELOW SURFACE 0^ . a40 \ ■ = MONUMENT CEHL from CEHAM Photo 48 Flood Zone lines from FIRM 36103CO064H and actual contours. o 30 ` ELEVA770NS AND CONTOUR LINES ARE REFERENCED TO NAVD. o� AREA= 1.356 ACRES TO TIE LINE 141 =W 2U) Q:o l am familiar with the STANDARDS FOR APPROVAL M m AND CONS7RUC77ON,OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES and will abide by the conditions set forth therein and on the ter, i1_ permit to construct. The location of wells and cesspools shown hereon are from >•ie/d observations and or from data obtained from others. ANY ALTERATION OR ADD1170N 7a IH/S SUR WY IS A NOLA77ON CAIN _ Y.S 1C. NO. 49618 OF SLIC77ON 7209 OF THE NEW YORK STATE EDUCA7TON LAW. EXCEPT AS PER SEC710M 7209-SEIBDIWSIOIV 2 ALL CERnFlCAnONS ROAD �S'R PECON ,"r HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY/F 25) (631);7 /,� 765-1797 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURWYOR P.O. BQX L g.��3 Y WHOSE SIGNATURE APPEARS HEREON 1230 !RA{�EL T SOUTHOLD, MY 11971 12-260 H 0J SURVEY OF PROPERTY TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-17-01-04 10 SCALE. 1'= 40' 04, l°O / �12 Zone L/ne r0� OCTOBER 17, 2012 i2\ JANUARY 321(ADDIONJ' 1b \00, �� / ? /4' ?y O �a 30 32 C' eV APR 82019 _`��i E o° l °10 LARGER ie i Nib �°Q � 16 / .riClif�l0ii♦lu1'/p i — Bear �r y / 28 o% (Io/ 26 ' W` 20' yc Coo FR.HSE sq, Q;- lot of uTIL. POLE 18 O w� 4� t/ 6 _ � 26 / 1 N 5°•� ��of UT IL WELL 50 TEST HOLE DATA O� WELL �a0 McDONALD GEMENCE - 10/0/12 ° EL 21.9' yinRA�ILsr Mc-t000° +GN A)Exs EL"as' Ts' WATER IN PALE BROW SLTY ML 2/' \ WATER IN BROW CLAYEY SAND SC \ SEPTIC 110•+ WATER IN BROW RNE TO COARSE SAND SP do, W. �jC \ NOTE- WATER ENCOUNTERED 18' BELOW SURFACE y� ON O. 9J- ■ = MONUMENT CEHL from CEHAM Photo 48 Flood Zone lines from FIRM 36103CO064H and actual contours. 3 0 I ELEVATIONS AND CONTOUR LINES ARE REFERENCED TO NA VD. 04 AREA= 1.356 ACRES TO TIE LINE =W �(n �o I Dm familiar with the STANDARDS FOR APPROVAL r+�i is AND CONS7RUC7ION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES and will abide by the conditions set forth thereln and on the permit to construct. The location of wells and cesspools shown hereon are from field observations and or from data obtained from others. lir 1; 5 , ANY ALTERATION OR ADD177ON TO THIS SURVEY IS A WOLA77ON Y.S. C. NO. 49618 VE OF SECTION 7209 OF THE NEW YORK STA 7E*EDUCA770H LAW. hfA'A' EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CER77RCA77ONS READ S PECON P ./ HEREON ARE VAUD FOR THIS MAP AND COPIES THEREOF ONLY IF R 25) (631);7 765-1797 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR P.O. BOX L4 WHOSE SIGNATURE APPEARS HEREON S2JOOUTHORA L LDN.Y. 11971 T ��—F+60 S.C.T.M.# DISTRICT 1000 SECTION 17 BLOCK 1 LOT 4 #R10-1J-0062 O � � AREA DEFINED AS BANK P HEIGHT EQUAL TO OR LESS THAN 20' AND/OR A SLOPE LESS THAN 209 TOE OF BANK / N/ X \ X . .:.:.:. . . . • . . . . ..;•:•:::• . . NYSDEC COASTAL EROSION HAZARD LINE: SHEET 18 XX XX PHOTO 47-651-83 AUG.29, 1988 j � x x # O x x X x X XXX %%XXX 1.6. . . . . . . . . . X• , . .: :' FIRM ZONE BOUNDARY X X 2 x x/ OC XX xX XX XX . . . . . . . . • ' X % x x X x x c AREA DEFINED AS BLUFF X XX X xX Xx . . . . . . . . . . . . . . .': . : : : . . . . �6 HEIGHT GREATER THEN 20' X X x X x x X X X WITH A SLOPE GREATER THAN 20% % % X %X Xx XX Xx TOP OF BANK AS FLAGGED XX X XX X XX X XX xX X :':'. . :' ': :':':': :':': :':':':': :'.'.'. :' ' ':': :':':': .'. BY JOHN BREDEMEYER, TOWN TRUSTEE. X x X % % X x < .26:. . 8 x x x x x > / X x x x x X . x x x x X z x x x x X x x x x 8 XX x x x x x x x x � /L K/ x x x x O X x z X x x X CONVERGEN F BLUFF/BANK O X XX X XX x xXxXxXxXxXxXx x LANDWARD JURIS LION AT AVER GE X X XX X 32 FROM CONVERGENCE OINT LOCATI X X � X x x x X x X • XX X x % XXXXXXXX X pp y�2 XX x x x x 4 r^ % X X X `(�^ (� / ^M XX XX XXX �� "C"VOs I vO V , `\ XI G CREST OF BLUFF ^ry XXX XX% FLAGS ADDED BY INTER SCIENCE ON 09/23/14, �X X X X Q N� �O EXTENDING THE BLUFF CREST TO EASTERN LOT LINE. r` I N(IV col �` Np s , ti G/ mss' �• o , _0 / �O', 15' ���100 `�a�, �o ry ^ <<ti%"\' sREq of �a �� FR.HSE EpTIC ` � 9 � 'A�2 N SES N o FRo� 6 1820 �y2 ICY \� 9 2� 9 �o N 0 5�� c 110\ ' 2 OI� MEETS CRITERIA OF CHAPTER 275-2 BLUFF o, �� �P 0 'per BY MICHAEL DOMINO, BOARD OF TRUSTEES (,ly PRESDIENT 0T t L APR 1 9 2019 ! TEST HOLE DATA tro! _� BASED ON LAND SURVEY PREPARED BY d�uwn;,,. 3 n PECONIC LAND SURVEYORS McDONALD GEOSCIENCE __. LAST REVISED APRIL 9, 2018 1%3/12N FIRM MAP #36103C0064H EL. 21.9 PALE BROWN SANDY SILT ML RAIN BUILDING ZONE R-40 WITH GRAVEL IN LAYERS READ ��' D 1� �C� 7NE WATER SUPPLY, WELLS, ORYWELLS AND CESSPOOL t J LOCATIONS SHOWN ARE FROM f7ELD OBSERVA77ONS AND OR DATA OBTAINED FROM OTHERS AREA: 1.356 ACRES TO TIE LINE ELEVA7IGW DATUM. EL. 3.9' 18' NAVD WATER IN PALE BROWN SILTY ML UNAUTHORIZED ALTERATION OR ADDI7101V TO THIS SURVEY IS A V10LA77ON OF S£C77ON 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN 21' ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS777U770N LISTED HEREON, AND TO THE ASSIGNEES OF 7HE LENDING INS77TU770N, GUARAN7EES ARE NOT TRANSFERABLE. WATER IN BROWN CLAYEY SAND $C THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT 7HE PROPERTY LINES OR TO GUIDE THE EREC770M OF FENCES, ADDI77ONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARAN7EED UNLESS PHYSICALLY END£NT ON THE PREMISES AT THE 77ME OF SURVEY SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: 1505 BIRDSEYE ROAD LLC; EL. -10' 31' MAP OF: WATER IN BROWN FINE TO COARSE SAND SPI ' FlLEO: SITUATED AT: ORIENT 38' Town OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC NOTE: WATER ENCOUNTERED 18' BELOW SURFACE SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design P.O. Boz 153 Aquebogue, New York 11931 FILE 18-90 SCALE: 1 "=30' DATE: JULY 9, 2018 �M PHONE (831)298-1588 PAX (831) 298-1588 REVISED 08-12-18 N.Y.S. LISC. NO. 050882 maintatnlnthe rsoords of Robert J. Renneay « Kenneth V. Woyohnk Michael J.Domino,President �Qf S0Ury Town Hall Annex John M.Bredemeyer III,Vice-President ,`o`� Ol0 54375 Route 25 P.O.Box 1179 Glenn Goldsmith Southold,New York 11971 A.Nicholas Krupski G Telephone(631) 765-1892 Greg Williams �� Fax(631) 765-6641 olyCoum BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MEMORANDUM TO: Michael Verity, Principal Building Inspector FROM: Michael J. Domino, President Board of Trustees DATE: April 25, 2019 RE: 1505 Birdseye Road, Orient SCTM#: 1000-17-1-4 In reference to your request for verification of bluff setback on the above referenced property please be advised that Andrew Pollock, Architect November 16, 2017 rendition of Kenneth Woychuck land survey of July 9, 2018, embedded thereon -- accurately depicts-the bluff setback as developed with the assistance of Jamie-Richter- ----- -of the Town Engineering Department and Assistant Town Attorney, Damon Hagan. If we can be of further assistance do not hesitate to contact this office. r . _ AS B/d'IK 2 0 pRFA CO OR 9 nAw q0% w- u NEIO D/�Rup SLOPE SHEET 18 �N E f O EROSION H ZgORDggB C COASTAL .651,83 BpyK NYSDE PH070N'} R �O ioE Ov >O FIRM ZONE 0OUNDA 2 FLAGGCO TRUSTEE 14OF WN t3,,-K yER. TO 16 oD / 18 y 0HN B EM d 1-5 �� �( 2 18 O` ,� K• 22 ti v a o 26 R ) L4, � p .y 28 .09� u�S 'JJ K Gr O �Ay ]D �ENGENCEDFDIU VEPA \ w l� •tiw OEj1 1! I ppDdUP���PDPy1L P0011 � SO WEGHr�p FpGV1CDMIFR .� ,r° WfM A SLOP ► 32 b 4 0�' OT UNE. NN�d ���% *• v� �fo� �I! V� S�s3O'� `q'Y 1g1• 1M Vl OQ���O �., F` AREA OF 4Y• �C� 18 O 00� SEP 77C ya c� 2 yy sy ���'�'G�Fq �•�, N f� n boa �y. ��! off) J\�o gyp. ry�� PQ�y Q- ry�p• o1F�P,t��3�' i x� ,L z. a ti - 4• jyy` o�*�F SO Town Town Hall Annex Michael J.Domino,President John M.Bredemeyer III,Vice-President 54375 Route 25 P.O.Box 1179 Glenn Goldsmith Southold,New York 11971 A.Nicholas Krupski �pQ Telephone(631) 765-1892 Greg Williams ��y`,oU � ► Fax(631) 765-6641 e BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 21, 2018 Michael Kimack Attorney At Law PO Box 1047 Southold, NY 11971 RE: 1505 BIRDSEYE ROAD, LLC, 1505 BIRDSEYE ROAD, ORIENT, NY SCTM#: 1000-17-1-4 Mr. Kimack, With regards to your letter dated August 14, 2018, you have made a request of the Trustees for interpretation of several items related to the Town Code. After consultation with the Town Attorneys and the Town Engineers, I will attempt to address your requests below, however it is important to note that certain phrases are defined by Chapter 275 of the Town Code. The term BEACH is clearly defined in section 275 of the Town Code as the following: BEACH The zone of unconsolidated earth that extends landward from the mean low-water line to the seaward toe of a dune or bluff, whichever is most seaward. Where no dune or bluff exists landward of a beach, the landward limit of a beach is 100 feet landward from the place where there is a marked change in material or physiographic form or from the line of permanent vegetation, whichever is most seaward. Shorelands subject to seasonal or frequent overwash or inundation are considered to be beaches. The term BLUFF is also clearly defined in section 275 of the Town Code as the following: BLUFF Land presenting with a precipitous or steeply sloped face adjoining a beach or a body of water. For the purposes of this chapter, a precipitous or steeply sloped face shall be a face with a slope of 20% or greater and a height of greater than 20 feet between the toe of the bluff and the top of the bluff. 1 In regards to terms that are not specifically defined under Chapter 275 of the Town Code shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). Item A: "Sloped Face Adjoining a Beach" The elements of what constitutes a Bluff is clearly defined in the Town Code. The definition of what constitutes adjoining is defined by the latest addition of Webster's Dictionary as "touching or bounding at a point or line". The prerequisites for what constitutes a determination is clearly detailed in §275-2 of the Town Code. Item B: "Sloped Face Toe Not In Contact With Beach" The elements of what constitutes a Bluff is clearly defined in the §275-2 of the Town Code. Item C: "Sloped Face Toe Extends to Property Line" The definitions of natural features such as Bluff, Bluff Line, Toe of Bluff and Top of Bluff are defined by §275-2 of the Town Code. The definitions of these natural features under§275 of the Town Code are not impacted by the intersecting of property lines. A property line is not considered in the defining of a Bluff, Bluff Line, Toe of Bluff and Top of Bluff. Item D: "Setbacks" Setbacks are perpendicular lines drawn at a 90 degree angle from the feature that they reference. When the feature is a continuous line across a parcel from property line to property line, such as a side yard setback, the setback will continue along such feature for the full length of the feature. In the event of a setback based on fixed point, such as a septic or protected tree setback, the setback will arc in a 360 degree circle around said feature. In the event that the setback required is a not a continuous line running from property line to property line but rather a geographic feature that ends at a fixed point within the subject properties boundaries, the setback shall run as a perpendicular line at a 90 degree along such feature until such time as the feature reaches its fixed end point at which time the setback shall arc around that fixed point. I trust that this addresses your request. Sincerely, Michael Domino, President Board of Trustees for the Town of Southold I s i £ 4(1 • qr *n. 't9 <41v is 2 1a 22- 24 yF O 2 28- 6_ 4,0 " F " UD ci IS r: O 3 s\ "• i ' O~�� N 0 q � O' T 22 j, 9� �O�• 2 a!3 m 16. _ - o i l st rl7 0 0 0� eP 1-10 'Op. ti O� 2 } 10 w m qOL cn -10 t' "-� 10 54e 12. 12 01 `l s r- 40 ISLAND s / L 4o \\ � py''' It -, z.a JAA 2TA� IIA an 1W-) 1tA " SA 25 1 ,. 8 / pA r � §� J r 'BJ r 1, LL S � J .ru. .. — NOTICE COUNTY OF SUFFOLK © E ar SOVRIOLD SECTION NO R1> ,. O-- � __ _ _ _ m ,�. Real Property Tau Service Agency r ,s m mr 017 A V sra.. iNCrM PROPER OFFICE LOCATION: ®v S® /y® MAILING ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY 11971 ® Telephone: 631765-1938 a LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, AICP LWRP Coordinator Date: May 9, 2019 Re: LWRP Coastal Consistency Review for BIRDSEYE ROAD, LLC SCTM# 1000-17-1-4 Michael Kimack on behalf of 1505 BIRDSEYE ROAD, LLC requests a Wetland Permit for clearing and grubbing approximately 16,000sq.ft. from westerly property line following top of bluff/bank to easterly property line and setback 100ft.; infilling: approximately 1,293 yards of the area from proposed landward side of non-turf buffer to 100ft. setback at cellar foundation; proposed I/A system for proposed dwelling; install a 4ft. wide by approximately 155ft. in length ground level foot path, commencing from landward edge of proposed non-turf buffer to toe of bluff with IPE wood step edges; create and perpetually maintain a 15ft. wide non-turf buffer commencing at the westerly property line and following the top of bluff as flagged by Inter Science, converging with the top of bank as flagged by John Bredemeyer, Town Trustee and continuing along such top of bank to the easterly property line, planted with permissible vegetation; construct a two-level dwelling on a cellar as follows: cellar (garage) 2,842sq.ft., first level enclosed area: 2,826sq.ft., second level enclosed area: 2,887sq.ft., total enclosed areas: 5,713sq.ft., first level deck: 2,655sq.ft., second level deck:1,756sq.ft., total deck areas: 4,411sq.ft., pool: 963sq.ft., with a total first level footprint of 6,444sq.ft. Located: 1505 Birdseye Road, Orient. SCTM# 1000-17-1-4 A similar action proposed on the parcel was reviewed on February 16, 2018 and recommended as inconsistent with the LWRP. 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 on the new submittal and my assessment, the proposed is recommended as CONSISTENT with the LWRP provided the following is considered to further policies 4 and 6. 1. Require a non-disturbance buffer at a minimum of 30' in width from the top of bluff and bank to preserve the long-term integrity of the bluff system, areas containing 20 percent slopes and accept storm water from the land areas sloping towards these features (Figure 1). 2. Verify what will be cleared and method at the top of bluff/bank. The clearing up to the top of bluff/bank is not recommended. �.: ,�f','x - Cf '�y, ,ras � '`� :_�d''t•�,'.,��;�;t.rt r-�:.:,`1 e.i,"r;:i"`�t,`'p-` :� �'r ',. is�s- �^��'"��'•,7. , - s•r' `.�•:, �{> "a'R�'.t•` '�� o- �s.>!.:.s.t�wf;�a� z':.,��S�;,ro_`} ±",.. �'�`'�- �, J '➢`�,�h'�"-c"+: �,'s�,'." :N _ �,I 'oe' .r..hy pi':qu .-•�},tl,} a3�:`ra r,s',r � .-�+�, ,„tt':'`'`„rf�":'>.;__” < `„r q, ,`�iPL"E 1 ,fi�;J ,E is ,.a' t 'c t,•;::, .% $-,{l+„hrfi•�-,+�,.':: � �•..�;;."y. !e >-...�� "Y'' '• ( , .C,'..t" mgr,,,:: -� e; �•;��'-g` E �t'•� e,,-s.,t' �.� »' E 3 °-�- 'tet.<«i<.,-�Y� ^ti�•�;<,:*�s�,. .v° �,,.. :�r.'�r` � � v,�< t. '� •,iii'' .r«'°%y'�h..-f" ..*.:�-;�-_.:-.=:" .'T4?^,^� �.a ,,:t'n'? -e,��.,f�{�' *a`yw= _ 9 `'3fi 4f��",� ;'zY...:,'.�:F•� y .j�Jk :.�Sr-i''•�.N'€\�p��s''''`' r7" 's � -. ' r :-i.� '_* fir'' r',y�'Uh.�'e"�i..='T',y'i,?"x�a°':•�('T ¢,� - ,y's..�',.1".3 eai�H t, f="'s`'f >.d a3 , :tD,%y f'o- ''-'13�m$�, ,,.:`g�.�o•;J%i= .s'.arje-a f ! �J f ! .qt'+�,� P '"E'a9;��.':�'!.R'='r,l•y�,"``t;, '4'0.-YID*- a' � �r-'a .'T' '� .�, S� >:` _... 4 r+�..F ti'�•�'�St..-=> y,ariF?`.i'.`P.Y}x .r ✓"• Z�:s-',j g'� � .. X il .+ ' '}•�'.a,;1 l� '� ,'�ifi fr;£" i< s;Y' ; f �yi, � •{i- f s45��'. i�. t -., �. `«'�t't _ �4'•,��1 ° �•,,.yS'+�R;�'a��F.'-'y,�'s,... Y�raT tr7•�, _ �Y„{- J � �:.s".-:t�.,�" t!$�if`;�`,i .,r' ''y'r,r'� � 3 4 'v^";;4- ,r'cr s, 'f' ,�'"^'�}_ ,� �`,a� � p.p -�•Y�{r•.r._I� -< ..rt .t� � �,'..,,q� ^»- ��.1j;,t� �.e�' '*: �' ixF' ;y•. ...^�. �_�F'�fi `k;e�e'3a'y� �-„5a, ��'/" .{{ x - '.7"«0.r=-',£' ..* �€• Tidy' ',�•f.h a' - ,'=?�s`} ,���t ii r, .�}.+: � � -d,�" .�- cE ii-. �t '�''�,��' Y s, s�R '��•°A., �/- '� �.�"_ ^,�„'E��hk 'o-2;`,�x'`'u,,'�t,�'.. �-:y, f'��§' �p2r�p='��;,i r"v`{: :�,'/ a",'r_ ,3' >�•,' � ,g' ';�� ��r a¢i i`qx a k��,,�� � 5q�,�.°. , f,'�=s;.:� �'',a�. i �„ �®�_sZ.,,_ .,�',�g•:` <..-��� ;�� �, ��,, `,{_•r fit ;�. i ,s.�,§:��..?�s `ry;., ��� ` ;�:a�„. „� ;fit -•�4, �a_��.��, - ' 5�." '«: '�. �ss�^g '��; � !' `�r '„q'r�. ��y,'«,�'.'."' 7 ,t r': - S'.w ��r -yti fi=' 12•. d .`^ -£�^.4 y�''tet?. <'a" ��,.•*" •a,: r rta'� ;�,c'a".-.. .,r' ,t` f:\,. r'.ta' .�:: _stagy .Ai�.,,�;�..1�. •q �. •'�;� `at" t Y p0., .<':'r:F. :..a �... '. Figure 1. Subject parcel showing V topographical contours and 20 percent slopes (ArcGIS). Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Damon Hagan, Assistant Town Attorney F Peter Young,Chairman - Town Hall,53095 Main Rd. Lauren Standish,Secretary 56 P.O.Box 1179 Southold,NY, 11971 Telephone(631)765-1889 Fax(631)765-1823 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., May 8, 2019 the following recommendation was made: Moved by Carol Brown, seconded by Peter Young, it was RESOLVED to NOT SUPPORT the application of 1505 BIRDSEYE ROAD, LLC to clearing and grubbing from westerly property line following top of bluff/bank to easterly property line, infilling area from landward side of non-turf buffer; installation of I/A septic system; installation of 4' wide beach access path; second-floor eaves overhang; and creation of a 15' non-turf buffer to be planted with permissible vegetation. Located: 1505 Birdseye Road, Orient. SCTM#17-1-4 Inspected by Carol Brown, Peter Young The CAC does Not Support the application based on inadequate setbacks and recommends the proposed project follow the required setbacks in accordance with Chapter 275. The property was not properly posted making it difficult to locate. Vote of Council: Ayes: All - Motion Carried � r 1 Cantrell, Elizabeth From: mkimack2@verizon.net Sent: Thursday, May 2, 2019 5:28 PM To: Cantrell, Elizabeth Subject: Revised description Attachments: Zapata Trustee project description.docx Hi Liz: See attached.That should give you the specifics of the structure in square footages Best ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i 1505 BIRDSEYE ROAD, LLC BOARD OF TOWN TRUSTEES E C E 0 V E PROJECT DESCRIPTION MAY o 3 2019 Southold Town CLEARING and GRUBBING: ard,of Tr s Approx. 16,000 SF from westerly property line following top of bluff/ bank to easterly property line and setback 100 Ft. as shown on Site Plan A100.2 INFILLING: Approx. 1293 yards of the area from proposed landward side of non-turf buffer to 100 ft. setback at cellar foundation as shown on Site Plan A.100.1. ON SITE SEPTIC SYSTEM: Proposed I/A system for proposed four (4) bedroom dwelling as located on Site Plan A.100.1 and 2 BEACH ACCESS PATH: A 4 FT. wide by approx. 155 ft. in length ground level foot path, commencing from landward edge of proposed non—turf buffer to toe of bluff with IPE wood step edges as shown on Site Plan A.100.1 and .2 SECOND FLOOR EAVES OVERHANG; The second story roof line extends two (2) ft. into the 100 ft. setback line for a distance of approx.. 30 ft. (60 SF). Permitted under Chapter 280-104 of the Zoning code NON—TURF BUFFER: Create a 15 foot wide non-turf buffer commencing at the westerly property line and following the Top of Bluff as flagged by Inter Science, converging with the Top of Bank as flagged by John Bredemeyer, Town Trustee and continuing along such top of bank to the easterly property line as shown on Site Plan A.100.1 and 2.The non-turf buffer area will be planted with permissible vegetation as approved by the Town Trustees. PROPOSED ORIENT HOUSE Construct a two level dwelling on a cellar as follows: Cellar (garage): 2,842 SF First level enclosed area: 2826 SF Second level enclosed area: 2887 SF Total enclosed areas : 5713 SF First level deck: 2655 SF Second level deck: 1756 SF Total deck areas 4411 SF Pool: 963 SF Total 13,929 SF Total first level footprint: 2826 SF +2655 SF +963 SF = 6444 SF � LECE V E M AY - 3 2019 Southold Town Board of Trustees Maim Diane From: mkimack2@verizon.net Sent: Friday,April 19, 2019 7:15 PM To: DiSalvo, Diane Subject: 1505 Birdseye Road LLC Hi Diane: This is the best way for me to describe what my request is from the Board. Amanda and Mike Verity reviewed the site plan for 1505 Birdseye road LLC and Focused on the depiction of the convergence point and 100 foot setback area. Mike wants verification from the Board in writing that what is being presented on the site plan conforms to the Trustees determination in their letter to me dated September 21, 2018. For the trustees convenience, I delivered four(4) sets of documents pertinent to that determination. 1. A copy of the Board's determinations regarding 1505 Birdseye Road LLC and specifically Item D: "Setbacks" which defines how a setback would be established from a fixed point. 2 A copy of a survey by Kenneth Woychuk, Land Surveyor,which determined the convergence point of the bluff/ bank. The convergence point is located at a flagged point set by Jay. My understanding was there was agreement as to the location of the convergence point being as presented on the survey. Note: What was not presented at the time the letter was drafted, or thereafter,was an updated site plan showing the 100 ft.setback from the Bluff running as a perpendicular line at a 90 degree, until,at the fixed point,the setback becomes a 100 ft. radius arc from said point.As we had discussed,this is in keeping with the setback from the bluff language in that the 100 feet is met. 3.The third document is the survey copied onto the Architects sheet and includes the 100 foot setback from the Bluff and from the Convergence point at the required 100 foot arc. Mike is looking for verification from the trustees that the Architect's site plan outlining the setback zone is an accurate application of the language of Item D : "Setbacks"to this specific property. He also seemed to want to know if the Trustees had conferred with the Town engineer and/or Jamie. I told Mike that my understanding was they had.Also told Mike that they had conferred-with Asst.Town Atty. Damon Hagen. It appears Mike would need to see those involved with the determination to be identified in the letter. I know this has been a complicated undertaking and I would like to thank the Trustees for their patience and work effort on behalf of my client. ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Michael J.Domino,President 0�*�J� S10UTiyol Town Hall Annex John M.Bredemeyer III,Vice-President ~ 4 54375 Route 25 P.O. Box 1179 Glenn Goldsmith Southold,New York 11971 A.Nicholas Krupski ® yOQ Telephone(631) 765-1892 Greg Williams C,ou Fax(631) 765-6641 BOARD OF TOWN TRUSTEES ' TOWN OF SOUTHOLD September 21, 2018 A F E- -0, E V E F Michael Kimack APR 19 2019 �r Attorney At Law PO Box 1047 Southold,.NY 11971soutl.eld k..,n PF- n Baarda'rTr...e�s ______.._l Rl�.: 1505 BIRDSEYE ROAD, LLC, 1505 BIRDSEYE ROAD, ORIENT, NY SCTM#: 1000-17-1-4 Mr. Kimack, With regards to your letter dated August 14, 2018, you have made a request of the Trustees for interpretation of several items related to the Town Code. After consultation with the Town Attorneys and the Town Engineers, I will attempt to address your requests below, however it is important to note that certain phrases are defined by Chapter 275 of the Town Code. The term BEACH is clearly defined in section 275 of the Town Code as the following: BEACH The zone of unconsolidated earth that extends landward from the mean low-water line to the seaward toe of a dune or bluff, whichever is most seaward. Where no dune or bluff exists landward of a beach, the landward limit of a beach is 100 feet landward from the place where there is a marked change in material or physiographic form or from the line of permanent vegetation, whichever is most seaward. Shorelands'subject to seasonal or frequent overwash or inundation are considered to be beaches. The term BLUFF is also clearly defined in section 275 of the Town Code as the following: BLUFF Land presenting with a precipitous or steeply sloped face adjoining a beach or a body of water. For the purposes of this chapter, a precipitous or steeply sloped face shall be a face with a slope of 20% or greater and a height of greater than 20 feet between the toe of the bluff and the top of the bluff. In regards to terms that are not specifically defined under Chapter 275 of the Town Code shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). Item A: "Sloped Face Adjoining a Beach" The elements of what constitutes a Bluff is clearly defined in the Town Code. The definition of what constitutes adjoining is defined by the latest addition of Webster's Dictionary as "touching or bounding at a point or line". The prerequisites for what constitutes a determination is clearly detailed in §275-2 of the Town Code. Item B: "Sloped Face Toe Not In Contact With Beach" The elements of what constitutes a Bluff is clearly defined in the §275-2 of the Town Code. Item C: "Sloped Face Toe Extends to Property Line" The definitions of natural features such as Bluff, Bluff Line, Toe of Bluff and Top of Bluff are defined by §275-2 of the Town Code. The definitions of these natural features under§275 of the Town Code are not impacted by the intersecting of property lines. A property line is not considered in the defining of a Bluff, Bluff Line, Toe of Bluff and Top of Bluff. Item D: "Setbacks" Setbacks are perpendicular lines drawn at a 90 degree angle from the feature that they reference. When the feature is a continuous line across a parcel from property line to property line, such as a side yard setback, the setback will continue along such feature for the full length of the feature. In the event of a setback based on fixed point, such as a septic or protected tree setback, the-setback will arc in a 360 degree circle around said feature. In the event that the setback required is a not a continuous line running from property line to property line but rattier a geographic feature that ends at a fixed point within the subject properties boundaries, the setback shall run as a perpendicular line at a 90 degree along such feature until such time as the feature reaches its fixed end point at which time the setback shall arc around that fixed point. I trust that this addresses your request. Sincerely, Michael Domino, President Board of Trustees for the Town of Southold Michael J. Domino, President 100 Town Hall Annex John M. Bredemeyer, Ill, Vice-President 54375 Route 25 Glenn Goldsmith P.O. Box 1179 A Nicholas KrupskiSoufhold, NY 11971 Greg Williams Telephone (631) 765-1892 Fax (631) 765-6641 SOUTROLD TOWN BOARD OF TRUSTEES TO: SOUTHOLD TOWN BUILDING DEPARTMENT - RE: VERIFICATION OF BUILDING DEPARTMENT PERMIT (JIREMENTS" SCTM#: APR 1 6 2019 Property Owner Name: Date Sent to Bldg. Dept: �{'i�•�� The Office of the Board of Trustees is forwarding the above referenced application for verification of the Building Department's permitting requirements stated below: YES NO j Will the proposed project require a Building Permit? Will the proposed project require a variance determination from the Zoning Board of Appeals? Will any part of this application be considered a Demolition as described under Town Code? COMMENTS: rf)n�. hbn W 4h1 11 lbd ' -hp 6-f -' N elki SVof R ie er Date 1 614 2, Town Hall Annex Michael J.Domino,President � ` � •+ 'c"",, John M.Bredeme ��) 54375 Route 25 er III,Vice-President a Y p"A• , c; P.O.Box 1179 Charles J.Sanders on % ; Southold,Now York 11971 Glenn Goldsmith ' x" �� ..s:� `�° '• �� �X: Telephone (63l) 765-1892 A.Nicholas KrupskiT4 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD This Section For Office Use Only Coastal Erosion Permit Application Wetland Permit Application Administrative Permit _ Amendment/Transfer/Extensr n Received Application:Ful Received Fee: $ Z5 .o `►,i; l;l ;' Completed Application: ,.��l% �; L� R 2019 Incomplete:, SEQRA Classification: Type I_^ Type II_ Unlisted Lead Agency Determination: Coordination:(date sent): �. Boartl of Trus _ -: 6LWRP Consistency Assessxn rm Sent: S 3-�� CAC Referral Sent: Datc of Inspection: 5 Receipt of CAC Report: 'I'echnical Review: Public Hearing Held: Resolution: Legal Name of Property Owner(s): /�d T A?1429 YE ROAZ2 // C Mailing Address: ��� d,AW1/ 4� � _/�V N. Phone Number: , ?,66 2 Suffolk County Tax Map Number: 1000 - 4 Property Location: Aq (If necessary, provide LILCO Pole#, distance to cross streets, and location) AGENT(If applicable): _-R /CO/ A. el hm c � Mailing Address: AL1. ROX 46 1�..-- r_'�l/ /� 9-7,1 _ Phone Number: Board of Trustees Appl.i _ ion GENERAL DATA Land Area(in square feet): a Area'Zoning: AV— Previous use of property: VA CA /V7' Z_ 0 Intended use of property: � 'l�J.�AIZML Covenants and Restrictions on property? Yes _XNo If"Yes",please provide a copy. Will this project require a Building Permit as per Town Code? Yes No If"Yes", be advised this application will be reviewed by the Building Dept. prior to a Board of Trustee review and Elevation Plans will be required. Does this project require a variance from the Zoning Board of Appeals? Yes No If"Yes",please provide copy of decision. Will this project require any demolition as per Town Code or as determined by the Building Dept.? Yes _ V No Does the structure (s) on property have a valid Certificate of Occupancy? Yes No Prior penuits/approvals for site improvements: Agency Date Al OPV No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes,provide explanation: Project Description(use attachments if necessary): _ $ ,� P.PDTCI-" 1505 BIRDSEYE ROAD, LLC BOARD OF TOWN TRUSTEES PROJECT DESCRIPTION CLEARING and GRUBBING: Approx. 16,000 SF from westerly property line following top of bluff/ bank to easterly property line and setback 100 Ft. as shown on Site Plan A100.2 INFILLING: Approx. 1293 yards of the area from proposed landward side of non-turf buffer to 100 ft. setback at cellar foundation as shown on Site Plan A.100.1. ON SITE SEPTIC SYSTEM: Proposed I/A system for proposed four (4) bedroom dwelling as located on Site Plan A.100.1 and 2 BEACH ACCESS PATH: A 4 FT. wide by approx. 155 ft. in length ground level foot path, commencing from landward edge of proposed non—turf buffer to toe of bluff with IPE wood step edges as shown on Site Plan A.100.1 and .2 SECOND FLOOR EAVES OVERHANG; The second story roof line extends two (2) ft. into the 100 ft. setback line for a distance of approx.. 30 ft. (60 SF). Permitted under Chapter 260-104 of the Zoning code NON—TURF BUFFER: Create a 15 foot wide non-turf buffer commencing at the westerly property line and following the Top of Bluff as flagged by Inter Science, converging with the Top of Bank as flagged by John Breedmeyer, Town Trustee and continuing along such top of bank to the easterly property line as shown on Site Plan A.100.1 and 2. The non-turf buffer area will be planted with permissible vegetation as approved by the Town Trustees. Board of Trustees Appli,. .ion WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: A 0 r AEjQN6770/V ®,oc "`Co5L44R!l 7--0 - X 16 5"s��IN Z,6W67 O i4v,ES 1J,Eip�•4 G /Kira s o o '-ri5TB.4 Cle 4/W,�.l�d O s Area of wetlands on lot: O square feet Percent coverage of lot: O % Closest distance between nearest existing structure and upland edge of wetlands: feet Closest distance between nearest proposed structure and upland edge of wetlands: feet Does the project involve excavation or filling? No 5e Yes If yes, how much material will be excavated? 0 cubic yards How much material will be filled? cubic yards 7 Depth of which material will be removeddeposite . O — 6 feet 7/ Proposed slope throughout the area of operations:, ,,�pZIl,�L)/���' < ® �G 7 614�141W 44,VPW,4,W PRn-,P, e& Manner in which material will be removed or deposited: ,, 2,/ � GULG L 01' [l Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by .reason of such proposed operations(use attachments if appropriate): �� qAWZ all,�tW W,5 ti 17.20 Appendix B Short Environmental Assessment 1Forrn instructions for ComrAeting Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: Project Location(descri e,and attach a location map): Brief Description of Proposed Action: ,50,- MOZeC7 Name of Applicant or Sponsor: A Tcicphone � Address: ®• 90X 1047a City/PO: State: Zip Code: 1`p Comcti / •y ..,. _ �71 _ 1.Does the proposed aon only involy td m he legislative adoption of a plan, local law,oraance, NO I 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 finding from any other governmental Agency? _ NO y� YES If Yes, list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? u� �._� acres b.Total acreage to be physically disturbed? Q, acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 4. Check all land uses that occur on,adjoining and near the proposed action. Urban ❑Rural (non-agriculture) [:]Industrial ❑Coin mercial Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify), ❑Parkland Page l of 4 1505 BIRDSEYE ROAD, LLC BOARD OF TOWN TRUSTEES PROJECT DESCRIPTION CLEARING and GRUBBING: Approx. 16,000 SF from westerly property line following top of bluff/ bank to easterly property line and setback 100 Ft. as shown on Site Plan A100.2 INFILLING: Approx. 1293 yards of the area from proposed landward side of non-turf buffer to 100 ft. setback at cellar foundation as shown on Site Plan A.100.1. ON SITE SEPTIC SYSTEM: Proposed I/A system for proposed four (4) bedroom dwelling as located on Site Plan A.100.1 and 2 BEACH ACCESS PATH: A 4 FT. wide by approx. 155 ft. in length ground level foot path, commencing from landward edge of proposed non—turf buffer to toe of bluff with IPE wood step edges as shown on Site Plan A.100.1 and .2 SECOND FLOOR EAVES OVERHANG; The second story roof line extends two (2) ft. into the 100 ft. setback line for a distance of approx.. 30 ft. (60 SF). Permitted under Chapter 280-104 of the Zoning code NON—TURF BUFFER: Create a 15 foot wide non-turf buffer commencing at the westerly property line and following the Top of Bluff as flagged by Inter Science, converging with the Top of Bank as flagged by John Breedmeyer, Town Trustee and continuing along such top of bank to the easterly property line as shown on Site Plan A.100.1 and 2.The non-turf buffer area will be planted with permissible vegetation as approved by the Town Trustees. 5. Is the proposed action,µ NO YES N/A a. A permitted use under the zoning regulations? b.Consistent with the adopted oomprehensive plan'? ❑ ❑ 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 Yh:S If Yes identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑ 9.Does the proposed action rneet or exceed the state energy code requirements? NO YES if the proposed action will exceed requirements,describe design features and technologies. ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO LYES if No,describe method for providing wastewater treatment:0A/—Zf�_�� � � `� ❑ 12. a.Does the site contain a structure that is listed on either the State or National Register of i-Ilstoric NO YES Places? ❑ b.Is the proposed action located in an archeological sensitive arca? 13.a. I)oes any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YFS wetlands or other waterbodics regulated by a federal,state or local agency? ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or water body? ❑ if Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply- Shoreline El Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑UrbanSuburban 15.Does the site of the proposed action contain any species of animal,or associated habitats, listed _ No YE_S by the State or Federal government as threatened or endangered? -❑ 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 l_ J b.Will stortir water discharges be directed to established conveyance systems(runoff and stone drains)? If Yes,briefly.describe: ['NO YES Page 2 of'a 18. Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,darn)? If Yes,explain purpose and size: _ El 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: D 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: _ _ _ _ — D I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: C .,4._._��— Date: Signature: GJ� . -- Part 2-Impact Assessment. The head 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 pro'ject sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"I lave my responses been reasonable considering the scale and context ofthe proposed action?" No,or— Moderate small to large impact impact may may ocetil' oeCUI' I, Will the proposed action crease 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 (-1 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. T Will the proposed action cause an increase in the use of energy arid 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? 1: 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, --- _ �� _...j V1 waterbodies,groundwater,air quality,flora and fauna)? El Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage 1:1problems'? 11. Will the proposed action create a hazard to environmental resources or human health? -- __ :1 2_J_ 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 cleterm i tied,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental i npac s. Town of Southold-Board of Trustees � Narae of Lcad Agency Michael J. Domino President Print or Type Name of Responsible Officer in Lcad Agency "Title of Responsible Officer Signature of ResponstbfeOfficer in Lead Agency Signature of Preparer(i f different from Responsible Officer) PINT 'I Page 4 of'4 Board of Trustees Appli, :ion AUTHORIZATION (Where the applicant is not the owner) �DAZ L C owners of the property identified as SCTM# 1000- -17— D in the town of New York, hereby authorizes to act as my agent and handle all necessary work involved with the application process for permit(s) from the Southold Town Board of Trustees for this property. Property Owner's Sigma ure Property Owner's Signature SWORN TO BEFORE ME THIS �h DAY OF tf 120 /7 Notary Public MICHAEL A.KIMACK NOTARY PUBLIC,STATE OF NEW YORK ' Registration No.02KI5056823 Qualified in Nassau County - Commission Expires March 11,2018 Board of Trustees Appli. ;ion AFFIDAVIT z- Z c . BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE BOARD OF TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION,I HEREBY AUTHORIZE THE TRUSTEES,THEIR AGENT(S) OR REPRESENTATIVES,INCLUDING THE CONSERVATION ADVISORY COUNCIL,TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH THIS APPLICATION, INCLUDING A FINAL INSPECTION. I FURTHER AUTHORIZE THE BOARD OF TRUSTEES TO ENTER ONTO MY PROPERTY AND AS REQUIRED TO INSURE COMPLIANCE WITH ANY CONDITION OF ANY WETLAND OR COASTAL EROSION PERMIT ISSUED BY THE BOARD OF TRUSTEES DURING THE TERM OF THE PERMIT. r Signature of Property O r Signature of Property Owner SWORN TO BEFORE ME THIS— _�h DAY OF_� 41/&(>S-2— 201-7 9� Notary Public MICHAEL A.KIMACK v NOTARY PUBLIC,STATE OF NEW YORK Registration No.02KI5056823 Qualified in Nassau County Commission Expire,March 11,2018 r APPLICANT/AGENT/REPRESENTA`I'IVE TRANSACTIONAL DISCLOSURE FORD 'T o ' gn of Soathold's Code of'Ethlesvrohibits conflicts of ipteres nn[be.part of tc vn aff iccrs pnd emplc�yc es.'Chc tour}psc aJ' this form is to provide Inforinntlon w rich r,to alert the tnwn of possiknlc t:onllicts of interest anti allow it tc:take�vl>ttevsr a aiot is geeessn to avoid same. e YOUR NAME: C'/9.t�LOS (Last name,first nam ,.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.) NAME OF APPLICATION: (Check all that apply.) Tax grievance _ Building _x �- Variance - Trustee Change of Zone _ Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) Do you personally(or through your company,sponse,sibling,parent,or child)have a telalionship with any ollieer or cnnploycc of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."B siness 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%or-the shares. YES _.�.� NO --X-- If yuu 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/agcntlrcpresentative)and the town officer or employee,Either check the appropriate line A)through D)widlor describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): the owner ofgreater than S"l6 of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of ally interest in a non-corporate entity(when[lie applicant is not a corpoiallan); C)an officer,director,partner,or employee of the,applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted thi d of 24 Signature _ e _ Print Name „- Form TS 1 APPLICANT/AGENT/RGPRESENTATIVE TRANSACTIONAL DISCLOSURE,FORM The Town of Southold;,s Code of Ethics nrlatlibits conflicts of interes nn tile 12art oriowq officers and employees.The pulp o� sc of this fornis to nrllyide inchrmat"►olfwhiell Call alert the town ofosp sible conflicts of interest and•blow it to take"whrttever action is necessa <to;tvoid same. YOUR NAME: l//�1.4 � (Last name,first name,griddle 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.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance _ Trustee _._X11 __ Change of Zone Coastal Erosion Approval of plat Mooring _ Exemption from plat or official map Planning _ Other (If"Other',name the activity.) 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,ntarriage,or business interest."Business iutcrest"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 cmployce owns more than S%of the shares. YES NO 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/agertt/representative)and the town officer or employee.Either check the appropriate line A)through D)andlor 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 than.S%or the shares of the corporate stock of the applJcittlt ,(when the applicant is a corporation); ____B)'tle legal or beneficial owner of any interest ill a noll-corporate entity(when file applicant is nota corporation); C)as officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this --,—YAay of L 20 .Signature Print Name.--- Form ame.,,,,,__Form TS 1 ru Ln ' —0 -0 NElJ 'YORi�;� 1�1r34 r, o i { ru ru Certified Mall Fee c Ug71 rI Certified Mall Fee $3Ln $ .50 1 u7 $ $3.50 Ctg 1 oil) on CO Extra Services&Fees(check box,add fee qp:wlWate) % ,fifi1;%,�s•� Extra Services&Fees(check box,edd fee p ate UU UI t �-- �'d qo{aprj ❑ Return Receipt(hardcopy) $ /f1 ❑Return Receipt(hardcopy) $ HI i V It ) f� � ❑Return Receipt(electronic) $ 1 -tr[1 / Postma O ❑Return Receipt(electronic) $ Sri. n �y O - Here Postmark ` 0 ❑Certified Mail Restricted Delivery $ o ❑Certified Mail Restricted Delivery $ (�-�f(,(�_ Here' P 0 [I Adult signature Required $ m r3 ❑Adult Signature Required $ f1i o j ®�-0 C- ❑Adult Signature Restricted Delivery$ E]61�J Gt v Adult Signature Restricted Delivery$ 4 R C3 Postage O Postage tir' $0.70 CO $0.70 ..0 Total Postage and Fees C3 Total Postage and F s ti o $7.00 aR� a� $ $1.00 $ cO Sent To cO Sent To Street Q rP Box No. p��k )� d Stree[ oC,pr o � N r �j /� �I Cr..Stade. +-C-4 _ ---(� _A/-,O-- !75 ------------------- ------------------------ City Sta e,ZIP+4 " Y. /f O Liz Mw ,y. `OS�� :ro r rr oor �r (rCJ :oio• ere rar•a. ` - -Er 13 e DALLAS,-jX'{"75367" a `tom r-q Certified Mad Fee $3.50 LrI CO Extra Services&Fees(check box,add fee ,apptgprlate) ❑Return Receipt(hardcopy) $ 99��� ®❑ Return Receipt(electronic) $ (( Pose 0 ® ❑Certified Mail Restricted Delivery $ ® ❑Adult Signature Required $ ' ❑Adult Signature Restricted Delivery$ O Postage �� 7 E� CE) $ 5, .t n Total Postage and€Egs cO Sent To��/ � /��/ �} �j� E3 Sr�eetandA� o). o"-r'P Box 1Xl7 Irt� -_V_OSiI�/ ------------- d�.,f _6__?__L14 y City State, �1 :re a er rro•r. _ V/ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: STATE OF NEW YORK COUNTY OF SUFFOLK , residing at , being duly sworn, deposes and says that on the day of , 20 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at , that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Sworn to before me this Day of , 20 Notary Public PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: /?�- 3 �o,po ,E� v�toRfi✓ta ceoeeNpav PCSCOE �'C,Q�PSa,I /Os83 AiN,oWW P A&#1VV.9 p, v. 3 36 7 RPAA1 7)e /�- Z -///- ,ToNiv ,Tos�Pys'ani Z/ �,y. /✓�Y 1 ooZ4 STATE OF NEW YORK COUNTY OF SUFFOLK &/c'~,e A residing at kP, Q, 80xo' /O4 y jymfta N.Y. //97/ , being duly sworn, deposes and says that on the W70# day of SAY , 201f, deponent mailed a-true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at S"VVr&g7LO , that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Sworn to before me this 1� 1 Day of 20/ Notary Public DIANE DISALVO NOTARY PUBLIC-STATE OF NEW YORK No. O1 D1475593 Qualified In Suffolk County My CommisSlon Expires April 30, N ` g�FFD(�- - Michael J. Domino,President O�Q CSG Town Hall Annex John M.Bredemeyer III,Vice-President V_ 54375 Route 25 Glenn Goldsmith y P.O. Box 1179 A.Nicholas Krupski ��ry� Southold,NY 11971 Greg Williams � p�•lY Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of 1505 BIRDSEYE ROAD,LLC COUNTY OF SUFFOLK STATE OF NEW YORK AFFIDAVIT OF POSTING THIS F_ O_ _R_MIS-TO BE COMPLETED AFTER-POSTING REMAINS INPLACE:FOR AT LEAST-SEVEN DAYS PRIOR TO THE PUBLIC HEARING DATE' ' q,6L AL ACJM residing at/dba OX /Lr)4 7 reO VaA /V,.Y 1,197Z being duly sworn, depose and say: That on the4Mday of Y , 2019, I personally posted the property known as by placing the Board of Trustees official poster whe ee i�sily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wednesday, May 15, 2019. Dated: (signature) Sworn to before me this 101 day of" 201q, DIANE DISALVO Notary Pub is NOTARY PUBLIC-STATE OF NEW YORK No. O1 D14 75593 Qualified In Suffolk County ry'- My Commission Expires April 30, 20U_ NIUTILL Uim HLAKING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Southold Town Board of Trustees at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNERS) OF RECORD: 1505 RIRDSEYE ROAD, LLC SUBJECT OF PUBLIC HEARING: For a Wetland Permit for clearing and grubbing approximately 16,000sq.ft. from westerly property line following top of bluff/bank to easterly property line and setback 100ft.; infilling: approximately 1,293 yards of the area from proposed landward side of non-turf buffer to 100ft. setback at cellar foundation; proposed I/A system for proposed dwelling; install a 4ft. wide by approximately 155ft. in length ground level foot path, commencing from landward edge of proposed non- turf buffer to toe of bluff with IPE wood step edges; create and perpetually maintain a 15ft. wide non-turf buffer commencing at the westerly property line and following the top of bluff as flagged by Inter Science, converging with the top of bank as flagged by John Bredemeyer, Town Trustee and continuing along such top of bank to the easterly property line, planted with permissible vegetation; construct a two-level dwelling on a cellar as follows: cellar (garage) 2,842sq.ft., first level enclosed area: 2,826sq.ft., second level enclosed area: 2,887sq.ft., total enclosed areas: 5,713sq.ft., first level deck: 2,655sq.ft., second level deck:1,756sq.ft., total deck areas: 4,411sq.ft., pool: 963sq.ft., with a total first level footprint of 6,444sq.ft. Located: 1505 Birdseye Road, Orient. SCTM# 1000-17-1-4 TIME & DATE OF PUBLIC HEARING: Wednesday, May 15, 2019 — at or about 5:30P.M. If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1692 Town of Southold LWRP CONSISTENCY ASSESSMENT FOR1aI A. INSTRUCTIONS 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. 1 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 sianificant beneficial and adverse effects upon the coastal arca (wlvch includes all of Southold Town). 3: If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supporting on-supporting facts. 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# 1-7 - Z - 4 PROJECT NAME ,J�:fQ5: &"5—�A0_ ZZ-C — /1�,45iV VGU.45LL1,V& The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital El construction,planning activity,agency regulation,land transaction) (b) Financial assistance (e.g. grant, loan,subsidy) (c) Permit, approval, license,certification: �! Nature and extent of action: 1505 BIRDSEYE ROAD, LLC BOARD OF TOWN TRUSTEES PROJECT DESCRIPTION CLEARING and GRUBBING: Approx. 16,000 SF from westerly property line following top of bluff/ bank to easterly property line and setback 100 Ft. as shown on Site Plan A100.2 INFILLING: Approx. 1293 yards of the area from proposed landward side of non-turf buffer to 100 ft. setback at cellar foundation as shown on Site Plan A.100.1. ON SITE SEPTIC SYSTEM: Proposed I/A system for proposed four (4) bedroom dwelling as located on Site Plan A.100.1 and 2 BEACH ACCESS PATH: A 4 FT. wide by approx. 155 ft. in length ground level foot path, commencing from landward edge of proposed non—turf buffer to toe of bluff with IPE wood step edges as shown on Site Plan A.100.1 and .2 SECOND FLOOR EAVES OVERHANG; The second story roof line extends two (2)ft. into the 100 ft. setback line for a distance of approx.. 30 ft. (60 SF). Permitted under Chapter 280-104 of the Zoning code NON —TURF BUFFER: Create a 15 foot wide non-turf buffer commencing at the westerly property line and following the Top of Bluff as flagged by Inter Science, converging with the Top of Bank as flagged by John Breedmeyer,Town Trustee and continuing along such top of bank to the easterly property line as shown on Site Plan A.100.1 and 2. The non-turf buffer area will be planted with permissible vegetation as approved by the Town Trustees. P Location of action: Site acreage: 6 Present land use: VA CA IV 7-- L 0 7 Present zoning classification: 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:_ _ Z�®,�' .�Y PLO C (b) Mailing address: S�/ 45i�?®iQ® WA Y, -ON---/7' 4AZ�A /1l GU Y DRQ! JU De 12- (c) Telephone number: Area Code{ )� 1 6.6--9 ?7— (d) Application number, if any: Will the action be directly imdertaken,require funding, or approval by a state or federal agency? Yes ❑ No� If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DE,V'Ei LOPED 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. R�Yes � No ❑ Not Applicable 'e5 ys�e;Qr' o J tr/l� v © ca Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria Yes ❑ No 15<1 Not Applicable o Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No Not Applicable A107- AMOZO Xe. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of,Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria Yes F-1 No Z Not Applicable rXI QV 6- Va;! A 'eLl CAS " Z1T— C 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 Ilabitats and wetlands. See LWRP Section III—Policies; Pages,22 through 32 for evaluation criteria. !:J ❑ Yes No Not Applicable OSAttEOL✓C,v '6 h/ 7",, ,PJ C� 071//-V- Attach ach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LNVRP Section III—Policies; Pages 34 through 38 for evaluatiop criteria. ❑ Yes ❑ No SeS7] Not Applicable PGG �y 0- 7--, AP/- 4? 7-t� T 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. ❑ WE] NoZJ Not Applicable Attach additional sheets if necessary __ �`�` -•---__ ______ 1 t 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 M Not /�ApplicableO r 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 jo2R*,' Not Applicable ` ?0 a CY 4/ &QT A Pl-Zl CA 9417'62 ylS 7,26 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 D�Rll Not Applicable - �AeeE 'Ale 0 ��L,C�I�L SOILS 0 Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No Not Applicable C PREPARE BY H1 C L AkJA IM TITLE 046 /V7—_� DATE4/ OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex rat so P.O.Box 1179 54375 State Road Route 25 ®� ®l® Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY p 6 7�5 - S �� ownny.gov COUNTY,� JUN 2 8 2018 ZONING BOARD OF APPEALS Town of Southold SoutnoldTovun FINDINGS,DELIBERATIONS AND DETERMINATION J N 2 7 2018 MEETING OF JUNE 21,2018 0. ZBA FILE: 7140 NAME OF APPLICANT: 1505 Birdseye Road,LLC So hold Town Clerk PROPERTY LOCATION: 1505 Birdseye Road, Orient SCTM#1000-17-1-4 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 25, and the Suffolk County Department of Planning issued its reply dated December 1, 2017 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated February 16, 2018. Based upon the information provided on the LWRP Consistency Assessment Form, as well as the records available, it is the coordinator's recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP.The agency made the following findings: a) The proposed residential structure is not located within the Coastal Erosion Hazard Area (CERA). However,the property contains large area of slopes equal to or greater than 15 percent. It is recommended that the Southold Board of Trustees verify the top of bluff on the parcel. b) To protect life and property during storm events and erosion over time, it is recommended to locate structures as far from the Long Island Sound bluff to the greatest extent practicable. However due to parcel topography and the amount of slopes on the property, it is recognized that relocating the structure further from the top of the bluff is difficult. c) If action is approved, it is recommended that a non-disturbance buffer is established from the Coastal Erosion Hazard Line (CEHL), seaward to prevent erosion on slopes, preserve the integrity of the bluff, limit turf areas and preserve groundwater and surface water quality. d) The proposal to construct a deer fence more than the code required maximum four(4)feet in height located in the front yard is recommended as CONSISTENT. TOWN OF SOUTHOLD TOWN ENGINEER: This application was referred to the Town Engineer for review. Comments were received on March 7,2018, after the public hearing of March 1,2018, recommending that the applicant re-survey the site to re-assess the location of the top of the bluff. Included with the Town Engineer's D IV Page 2,June 7,2018 JUN 2 8 2018 #7140, 1505 Birdseye SCTM No. 1000-17-1-4 Southold Town a Tr o comments was a copy of Suffolk County LIDAR Contours which indicated that the top of the bluff had shifted further landward towards the eastern portion of the property than what was noted on the applicant's survey. TOWN OF SOUTHOLD BOARD OF TRUSTEES: In a memo dated March 7,2018, the Chairperson of the ZBA informed the.Board of Trustees that during the recent hearing,there were discussions and testimony from opposing environmental and coastal sciences consultants, one representing the applicant, the other representing the neighbors, relating to the accuracy of the top of the bank/bluff as depicted on the applicant's survey of January 2, 2013. On March 8, 2018,the top of the bluff was reflagged by the Trustees and their flags were consistent with the Suffolk County LIDAR map provided by the Southold Town Engineer, and the "corrected top of bluff line"hand drawn on the applicant's survey that was submitted at the hearing by the neighbor's environmental consultant.The ZBA asked the applicant's representative to retain a licensed surveyor to plot the flags on a survey. A revised survey was submitted, dated April 9, 2018 showing the proposed dwelling at 36.7 feet from the top of the bluff at its closest point. On April 13, 2018 the President of the Trustees inspected the subject property in response to a request for comments from the ZBA Chairperson. In a memorandum dated April 13, 2018, the President of the Board of Trustees expressed the need to preserve the vegetation that stabilizes the bluff as well as preserving the low lying area in the southeast corner of the property. The memo stated that the NW orientation of the bluff provides protection from storm events and should be considered a mitigating factor for the revised 36.7 foot bluff setback. SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT: This application was referred to the Suffolk County Soil and Water Conservation District for an evaluation and recommendation. The agency informed the ZBA in a letter received December 8,2017,that a site inspection was performed on December 6,2017 to evaluate the potential environmental impacts that would be caused by the construction of a new dwelling on the currently vacant property.The agency observed that the bluff is very well vegetated with no signs of erosion, and noted a large depression at the southern end of the parcel. In addition,the agency described the following potential concerns: the installation of a septic system because of proximity to surface water which would impact water quality;the proposed installation of deer fence on the bluff face which would pose an unacceptable erosion hazard to the bluff; significant land clearing and excavation proposed on the site as a potential for soil erosion; and the use of large and heavy construction equipment which can cause bluff instability. PROPERTY FACTS/DESCRIPTION: The subject property is Iocated at 1505 Birdseye Road, Orient,NY. It is a conforming 1.356 acre parcel (to tie line) located in the R-40 Zoning District. The parcel measures 218.10 feet fronting the Long Island Sound along the northerly property line, 389.57 along the easterly property line, 84.15 along the southerly property line, and 322.25 along the westerly property line. The parcel is an undeveloped residential property with steep slopes and a low laying swale area in the southeast corner. The parcel is accessed by a 50 foot private right of way to the southwest corner of the property, as shown on a survey prepared by John T. Metzger, Land Surveyor, dated January 2,2013. BASIS OF APPLICATION: Request for Variances from Article IV, Section 280-18; Article XXII, Section 280- 105; Article XXII, Section 280-116; and the Building Inspector's November 17 2017, Amended November 22, 2017 Notice of Disapproval based on an application for a building pen-nit to construct a new single family dwelling and to erect deer fence at a height of 8 feet at; 1) proposed single family dwelling located less than the code required minimum front yard setback of 50 feet; 2) proposed dwelling located less than the code required 100 feet from the top of the bluff; 3) proposed deer fence more than the code required maximum four (4) feet in height when located in the front yard, located at: 1505 Birdseye Road, (Adj. to the Long Island Sound) Orient, NY. SCTM#1000 17-1-4. RELIEF REQUESTED: The applicant requests variances to construct a 6,028 sq. ft. single family dwelling with terrace, pool and pool deck, having a distance of 50 feet from the top of bluff at its closest point, instead of the minimum required setback of 100 feet and having a distance of 41.7 feet from the front yard property line where a J' Page 3,June 7,2018 JUN 2 8 2018 47140, 1505 Birdseye SCTM No. 1000-17-1-4 Southold Town D.ar Trus ee minimum of 50 feet is required. In addition, the applicant requests permission to construct an eight(8) foot high deer fence in the front yard,which is not permitted. All is depicted on a survey prepared by John T.Metzger,Land Surveyor; last revised April 9,20I8.' ADDITIONAL INFORMATION: On February 28, 2018 the Board of Appeals received written correspondence from the attorney representing several neighboring property owners opposing the variances requested. The communication includes a letter and report from an environmental scientist specializing in coastal issues. Subsequent to a site inspection, the specialist describes the subject property as containing extreme geological constraints to development and cites potential adverse and unrecoverable impacts to the bluff. During the public hearing of March 1, 2018,testimony in opposition by legal and environmental representatives of several of the applicant's neighbors, and the neighbors themselves, continued. The concerns expressed included the possible inaccuracy of the top of the bluff location on the original survey submitted with the application, the need to protect the bluff from erosion which would be caused by the removal of large areas of existing vegetation close to and on top of the bluff during clearing for construction, and the fact that deer fencing does not exist in and is therefore not characteristic of their neighborhood. The Board received from the applicant's agent a report dated April 2,2018,written by a specialist from New York Sea Grant, a SUNY University based program, outlining and discussing science based coastal processes that are occurring on and around the subject property. In the report, causes of bluff erosion are identified, and it acknowledges that the current well vegetated condition of the bluff helps in preventing further erosion. The low lying, swale, located on the southern portion of the property is not identified as a wetland or as an area needing protection. AMENDED APPLICATION: The applicant submitted a revised survey to the Building Department, dated April 9, 2018 which depicts the top of the bluff on the property per the findings of the Town Trustees and Town Engineer. An amended Notice of Disapproval was issued on April 18, 2018 identifying the top of the bluff setback to the proposed new dwelling at 36.7 feet where the code requires a minimum of 100 feet. The variance relief for the proposed non-conforming front yard setback of 47.1 feet and deer fencing in the front yard remain the same. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 1,2018 and May 3,2018 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law X267-b(Nb)W. Grant of the variances will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is accessed via a private right of way that leads to several inland and waterfront properties developed with large single family dwellings. The subject property is one of the few undeveloped parcels in the area, especially along Long Island Sound. Many of the lots are irregularly shaped and dwellings are placed on the properties at different angles to each other. While some waterfront homes have non-conforming bluff setbacks, the average is almost double the distance being requested by the applicant. None of the homes in the immediate area have deer fencing of any kind. The bridge that extends into the front yard over the low lying area, leading to the applicant's proposed dwelling, is not typical in the neighborhood. 'Although the application as applied for was for relief for a structure of 50 feet from the top of the bluff,an updated survey and site inspection by members of the Board and Town Trustees showed the proposed structure would actually be 36.5 feet from the top of the bluff(see Amended Application below.) Page 4,June 7,2018 #7140, 1505 Birdseye SCTM No. 1000-17-1-4 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant can shift the house further to the south in order to increase the top of bluff setback to a conforming distance. The low lying swale area to the south portion of the parcel has not been flagged as a protected wetland, nor does it have any elements of a protected wetland area. Additionally, as noted above, a site plan by a registered architect was submitted to the Board of Appeals that shows a 12,954 square foot buildable area on the subject property in conformance with all town code setbacks that would permit the applicant to construct up to a 6,028 square foot dwelling with a terrace,pool and pool deck 3. Town Law X267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 63.3% relief from the code for the top of bluff setback, 16% relief from the code for the front yard setback, and 100% relief from the code for an eight foot deer fence erected in the front yard. 4. Town Law &267-b(3)( M) 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. Differing perspectives were presented by experts on behalf of the applicant and those in opposition to the application regarding the impacts that the proposed dwelling could have on bluff erosion and instability in the proposed location on the subject property. The Board finds that the testimony that there exists potential adverse and unrecoverable impacts to the bluff if the relief is granted, as more credible. The Board further finds that relocating the proposed dwelling to conform to town setback requirements will preserve the existing vegetation that stabilizes the bluff. Moreover,the Board has established a precedent to preserve bluffs in its decision in the Matter of Aliano v. Oliva case in which the Board denied a 50 foot bluff setback for a proposed 1,600 square foot house because it would "introduce impermeable surfaces and alter soil structure causing accelerated recession which could result in damage to the neighboring properties and to the proposed dwelling"(ZBA file no.: 5846,August 31, 2006). Additionally, although the Board of Town Trustees indicated the need to preserve the low lying area in the southeast corner (front yard) of the property, they offer no explanation as to why, since the area has not been flagged as protected wetlands. 5. Town Law $267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. _Town Law 4267-b. Grant of the requested relief is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new home while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Acampora, seconded by Member Planamento, and duly carried,to DENY the variance relief as applied for Vote of the Board: Ayes: Members Weisman(Chairperson),Dantes,Acampora,and Planamento (Member Lehnert abstained): This Resolution was duly adopted(4-1). ID E E � I! E fkvhr--tl�- n slie Kanes Weisman, Chairperson s JUN 2 8 2018 � g Approved for filing `�/ � /2018 Southold Town Board of Trust-es Cantrell, Elizabeth From: mkimack2@verizon.net Sent: Friday, October 5, 2018 1:43 AM To: Cantrell, Elizabeth Subject: 1505 Birdseye Road LLC Hi Liz: I would like to schedule a meeting with the Trustees At the next available workshop To present the latest revised site plan for 1505 Birdseye Road, LLC for their review and comment Thank you for your consideration in this matter 1 inn]-- ��': AUG 15 2018 Michael A. Kimack ATTORNEY AT LAW Sn!rthold Town P.O. Box 1047 Board o._i bl_1111.—-- -- -� Southold,N.Y.11971 Cell No. 516-658-6807 E-mail: mkimack2@verizon.net August 14,2018 Re: 1505 Birdseye Road,LLC Orient,N.Y. SCTM: 1000-17-01-04 To: Southold Board of Trustees Subject: Request for Opinion of Interpretation and Application of Certain Words and Phrases of Article 1 Chapter 275-2 Definitions : Bluff and 275-3 D Chanter 275-2 Definitions: Bluff A. " Sloped Face Adjoining a Beach" Blacks law Dictionary defines adjoining"as to be in contact with; to abut". Merriam Webster defines adjoining as " touching or bounding at a point or line" Merriam Webster defines Beach as " a shore of a body of water covered by sand, gravel or larger rock fragments. Definition of face (facing): located directly across from something—usually used in combination The words " sloped face adjoining a beach" appears unambiguous in meaning and application. Request for Opinion of Interpretation and Application: That, as a prerequisite in determining what is a bluff, the defined toe of a slope must be in contact with, (adjoining) a beach and the face of the slope must be facing a shore (beach)with a body of water. B. Sloped Face Toe Not In Contact With Beach Request for Opinion of Interpretation and Application: That, if the defined toe of a slope is not in contact with (adjoining) a shore (beach), the slope can not be evaluated as being a bluff in accordance with 275-2 (bluff) 40 C. Sloped Face Toe Extends to Property Line Request for opinion of Interpretation and Application: That, if the land at the defined toe, in contact with a beach, extends to an adjoining property line and has not made contact with a body of water, the property line would terminate further evaluation as being defined as a bluff in accordance with 275-2 (bluff). Chapter 275-3D: Setbacks Legal definition of setbacks" from boundaries by establishing an exact distance from a fixed point; also the area produced by the setback. Merriam Webster defines "setback" as the distance of a structure, or other feature, from the property line, or other feature. The universal application of how a setback is derived has been and continues to be "an exact distance from a fixed point to establish a setback. The direction of the line from the fixed point to the exact distance is 90 degrees. In all uses by surveyors, engineers and architects to determine the exact setback points, 90 degrees from a line, or a fixed point is the sole method utilized. Even when a distance is required from the top of a bluff,wetland,vegetated wetland or shoreline, the method of determining a setback is to extend the distance from a line at a 90 degree angle along its straight and/or curving line. There can be no question that"other feature" are those aforementioned. In this matter, a setback from a defined bluff in convergence with a bank is no different than any other defined line (other feature" to which a setback distance is required. This has been, and continues to be the sole and only method to establish a setback Request for opinion of Interpretation and Application: That the convergence point of a defined bluff and bank is a fixed point. A setback line to establish jurisdiction (bluff) and non jurisdiction (bank), shall be determined as along a line determined at 90 degrees from the converging lines of the bluff and bank. The re j'u�St` ^v:"j'C.::;fa}t:::3di'ii� Ea she ia2a--er of 1505-xBir&c�ye,R& d; LL'C are all 'applicable to the property and is necessary in determining what and where is a bluff so that area of jurisdiction can be avoided in order to design a proposed new dwelling in the non-jurisdictional area. Thank you for your consideration in this matter. Please let me know if you may require additional information. Sincerely, �a Michael A. Kimack, Agent Michael A. Kimack ATTORNEY AT LAW �, �� JUL 13 201 P.O. Box 1047 Southold,N.Y.11971 Sout!10!0 Ta�vn Cell No. 516-658-6807 haid of Trustoes E-mail: mkimack2@verizon.net July 9, 2018 1505 Birdseye Road LLC 1505 Birdseye Road, Orient Tax Map No. 1000-17-1-4 To: Town of Southold Trustees Subject: Request for Jurisdiction Determination In a recent Zoning Board of Appeals Hearing and Determination, the above referenced applicant was denied a variance request to locate a proposed dwelling within 50 feet of the "Top of Bluff'. A jurisdictional setback of 100 feet from a top of bluff falls within the co jurisdiction of both the ZBA and yourselves, under the definition of bluff. The property consists of a slope that meets the definition of bluff, but also consists of a slope that does not meet the bluff criteria. I had not considered it necessary to present a definitive layout of the convergence line between what slope meets the criteria as a bluff and, by definition what would not meet said criteria and thus be labeled a bank. But based upon the ZBA rejection, it is now critical to my client that we are required to redesign the dwelling to avoid the the top of bluff and the corresponding 100 foot setback related to it. I must establish the bluff/bank jurisdictional boundary first in order to then design the dwelling outside the jurisdictional area to be in conformance with the ZBA decision. Attached find five (5) survey maps prepared by Kenneth Woychuk that specifically delineates which portion of the slope is bluff and which is bank. The landward jurisdiction line has been positioned as a neutral location from the convergence point. We respectfully request the Trustees render a jurisdictional determination as a prerequisite first required to redesign the dwelling and then submit an application under Chapter 275. The Trustees retain jurisdiction from both a bluff setback and a bank setback, so the placement of a proposed dwelling in the proposed non jurisdictional area would come before the trustees under a wetland permit application. If deemed appropriate, I would be available to attend a workshop meeting to discuss my request in more detail. Sincerely yours, Mic ael A. Kimack, Agent