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ftd�ocl " 1 Owner: Rubin, Maia File #: 7514 Address: 360 Private Rd #8 t e, D Code: 13ED j Agent Info Nancy Steelman, R.A. M 25235 Main Road � Cutchogue, NY 11935 Phone: 631-734-6405 Fax: Email: nancy@samuelsandsteelman.com WRf '-Jfj.24j-24 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �x®f s®Uj�® 53095 Main Road• P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. ® �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento Southgf COWN http://southoldtownny.gov .`foZONING BOARD OF APPEALSJUN 1 8 ?02T TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax (631)765-9064 ISU"th"o-Im. Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 17, 2021 ZBA FILE: # 7514 NAME OF APPLICANT: Jonathan Babkow and Maia Rubin PROPERTY LOCATION: 360 Private Road# 8,East Marion,NY SCTM# 1000-23-1-18.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated April 23,2021 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 April 27, 2021. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available, it is recommended that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: The subject property is an irregularly shaped,non-conforming 77,883 square foot parcel located in an R-80 Zoning District. It runs 62.20 feet along the Main Road. The parcel runs 431.08 feet on the East side, 103.39 feet on the North side bordering Dam Pond, then runs 231.62 feet on the West side before running 29.96 feet on the South side and then turns and runs 211.74 more feet on the West side. The parcel then runs 161.99 feet on the Southwest side. The parcel is improved with a new single-family dwelling, currently under construction,a new gunite swimming pool,an as built tennis court,and an existing floating wood dock. All is shown on a site plan by Nancy L. Steelman, Architect, dated June 15,2020. BASIS OF APPLICATION: Request for a Variance from Sections 280-105; and the Building Inspector's April 15, 2021 Notice of Disapproval based on an application for a permit to construct an eight (8) feet fence surrounding a tennis court in the front yard; at 1) more than the code permitted maximum four (4) feet in height when located in the front yard; located at: 360 Private Road# 8, (Adj to Dam Pond)East Marion,NY SCTM No. 1000-23-1-18.1. RELIEF REQUESTED: The applicant requests a variance to demolish and rebuilt a tennis court and a tennis court fence that is 8 feet in height where code requires that fences be a maximum of 4 feet in height or less in a front yard location. Page 2,June 17,2021 #7514,Rubin-Babkow SCTM No. 1000-23-1-18.1 ADDITIONAL INFORMATION: The existing tennis court and 8-foot fence have existed in its present location since 1990. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 3,2021 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 variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of single family water front homes. The tennis court is permitted in the front yard location because the subject lot is a waterfront parcel. Eight(8) foot high fences are a necessary accessory to tennis courts to keep the tennis balls inside the court and away from the neighbor's property and the Main Road. The subject tennis court is completely screened from view from the 80- foot-wide Right of Way entrance off of Main Road,the road itself, and all adjacent neighbors by mature,very heavy vegetation and landscaping. Approval of this variance will not result in any change to the character of the neighborhood. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The tennis court is in a code permitted front yard location, however, any 8-foot tennis fence in a front yard would require the benefit of variance relief. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 100%relief from the code. However, the tennis court and the 8-foot-high fence are existing and resurfacing the court and replacing the fence surrounding the tennis court will not affect the character of the neighborhood. The proposed fence will be 100 feet from Main Road and 60 feet from the right of way to the West of the parcel. 4. Town Law 4267-b(30)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-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 the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a an 8-foot-high tennis court fence 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 Dantes,seconded by Member Planamento,and duly carried, to GRANT the variance as applied for,and shown on the Site Plan and Tennis Court Plan prepared by Nancy Steelman, Architect, dated June 15, 2020. Page 3,June 17,2021 #7514,Rubin-Babkow SCTM No. 1000-23-1-18.1 This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes: Members Weisman(Chairperson), Acampora,Dantes,Lehnert, and Planamento(5-0). Leslie Kanes Weisman, Chairperson Approved for filing D////2021 GENERAL STORPAWATER POLLUTION PREVENTION NOTES FE SITE SITE REVISIONS: PERMANENT STORM WATER RUNOFF CONTROL MEASURE ENLARGEMENT SITE DESCRIPTION & GENERAL SEQUENCE OF SITE ACTIVITIES FOR THE ENTIRE SITE SCTM # 1000-23-01-18.1 SHEET #SP-2 Development activities for this project will consist of: East Marion, NY 111 939 1. Installation of temporary erosion control measures (silt fence barriers) DAM POND ADDRESS EEaPROPERTY: Private Road 2. Clearing of trees and brush in areas shown on Site Plan 3. Demolition and removal of the existing building and septic system OWNER: John Babkow & Maia Rubin 4. Excavation for a new building foundation and swimming pool 2112 Broadway 7c 5. Construction of a new foundation and swimming pool New York, NY 10023 6. Construction of the new residence '`°oo� � � �►�o \ SITE: 77,883 SF or 1.788 acres 7. Site grading from the ROW to the area around the proposed building and swimming pool e6°� ��4 s* w0oo°gnN 8. Construction of underground electric and utility lines from the utility pole to the new building �9��0�'l °� NOTE: LOCATION OF NEW POOL WETLANDS: 347 SQ. FT. = 0.008 ACRES n i well to the new residence ENCLOSURE FENCE 15 BOUNDARY 9. Construction of a new underground water line from the new o site ZONING: R-80 -- u i °Oar �- S ,,' BETWEEN NON D I STURBANGE � 10. Installation of the new septic system w 6�. o PROPOSED: 4,951 SF UJ 11. Installation of on site drainage structures (permanent storm water runoff control measures) N/o/F 7 3,, r NON TURF BUFFER STRUCTURES APR 1 9 2021 12. Installation of underground piping from gutters and downspouts to the drainage structures Michael Mendillo & 0 00'' , li. 2 sty fr dwelling Barbara Mendillo s y 39, �. LOT: 6.36% O 13. Filling and grading of soil above drainage structures 1000-23-1-3.2 ti ON TURF BUFFER DWELLING WITH WELL4N � �Mp 15 FT WIDE COVERAGE � _._ , ., . ° 14. Construction of new terraces and walkways _-„ 15. Construction of new driveway and parking areas including grading and driveway surfacingl , -------- --- 16. Installation of new landscaping plants, lawns ON DISTURBANCE ZONE FLOOD ZONE: ..X., UJ 17. Removal of the temporary erosion control measures � SURVEYOR: Nathan Taft Corwin III W 1586 Main Road UJ SITE DATA Jamesport, New York 11947 Site Area: 77,883 SF or 1.788 acres PROPOSED SILT FENCE 8- % LICENSE #50467 Soil Classification: See test: hole D I�CONS�TION ��ss DATED JUNE 21, 2017 SEE Receiving Waters: Gardiners Bay sP - -%� > UJ °% Contractor: N/A - � y a kk( ELEVATIONS ARE REFERENCED g, \ J O PROPOSED SILT I TO N.A.V.D. 1988 DATUM / �o��j�, CONSTRUCTION SEE AIL LIMITS OF CLEARING AND r04' �/ 2 POLLUTION CONTROL_ MEASURES LAND DISTURBANCE //% a e EL 0 In accordance with the provisions of the Town of Southold, chapter 236, storm water management and erosion and sediment +�-ss�s° o Z \ c NEW RESRADINS SHOWN Vow control measures including, but not limited to, the following shall be employed during construction: REMOEXISTVED To BE 10_ II \o / 1 LOCATION MAC 12 / DRYY'I£LL.S FOR 5 ORMWL 1 RUNOFF(BXbJ SEE L I-) PROPOSED NEW UNDERbROUI� / \ /11 " `.. A. Existing vegetation to remain shall be protected (by installation of construction fence or other approved means) and shall DRYWELLS FOR STORMWATER ;, Islancl;Sound remain undisturbed. RUNOFF FROM SITE SEE DETAIL 1-5PI I ° LIMITS of CLEARING AND al9.fxb \ LAND DISTURBANCE \ B. Clearing and Grading shall be scheduled so as to minimize the extent of exposed areas and the length of time that areas are 12NEA 13 ssogx.�b. A>.. 1 i / / exposed. A maximum of 1 acre shall be disturbed at one time unless written permission is granted by the NYSDEC. Graded POOL BACK WASH DRYWeLL \ ,,. ,,,�,.,_ - - ' '``" \ Ory Paul Z Fried I h x r Judith Fried and stripped areas shall be kept stabilized through the use of temporary seeding as required. Seed mixtures shall be in j \ .:\ pp Pool EQl11PMENT , , �- 1000-23-1-4 ,` DWELLING WITH WELL \' accordance with the soil conversation service recommendations. t*� utv ,\„ `` Z 8x4 !SRADE . C. Bare soils shall be seeded within 14 days of exposure, unless construction will begin within 21 days as sections are x 126 E. . n° / ": ` Pond Q.a 2 sty fr dwelling ` SITE \O completed, or if construciton on an area is suspended, the area shall be seeded immediately. \ " a. Seed preparation - scarify soil if compacted, remove debris and obsticiles such as roots and stumps. LocATION of EXISTII�SEPTIC F y 1:,. .a: : ED 7 SYSTEM To BE ABANDONED Bq`D ,. L 4.1 b. Soil Amendments - L '�"• 1. Lime to h 6.0 13 .1. _ ROPOSED NEW SEPTIC SYSTEM Q ALL DRYWELL5 CONNECTED p WITH 4•SDR-55 PIPE ::.. ' - �` 2. Fertilize with 6600 lbs of 5-10-10 or equivalent per acre (14 lbs/100 sq. ft.) C. Seed Mixtures PROPOSED NEW UNDERGROUND DRYWELLS W/MTL GRATE FOR Q STORMWATER RUNOFF FROM 517E T F`iN$'1 R` 1. Temporary seedlings 4ARA6E SEE DETAIL 1-5PI ir: ALMII�NT a. R e rass annual or perennial) 30 lbs. per acre 0.7 lbs per 1 000 s . ft. co Y 9 ( P ) @ p ( p q ) kj PROPOSED SILT FENCE DURING EXISTING DRIVEWAY TO e / ��`` r. CONSTRUCTION SEE DETAIL 5PROPOr : b. Certified "Aroostook"winter a cereal e 100 lbs. per acre 2.5 lbs per 1,000 sq. ft. use winter a if seedingin BE REMovED sT NG n - :;' '.. r • ,,•, 2 �.. +12.6' , .jC';. ^4G - sP , GarCLinerS RETE `LN '1= ,, " ,< IF 19 11 October/November. AF'.ELU .,.fir ,�.,, }; z w., \� .. `� ,.� y \;� F°U X14.1 + .I so7r !z \ :.. 2. Permanent seedlings - See Landscaping plans N0 pZ +1sb 9 P 9 p 2, - 1 \ \ Re- D. 47� 13- ' 12 .. D. The length and steepness of cleared slopes shall be minimized to reduce runoff velocities. Runoff shall be diverted away from 30' WIDE !, Q- 9 p p Y RIGHT OF �Ull l�,a� _ 2.0 cleared slopes. WAY S 30' �.. � E. Sediment shall be trapped on the site and not permitted to enter adjacent properties or public roads or drainage systems. 29 00 w \ \ - : 51V A DRY Vl-L5 FOR STORMWATER •96ti. e« RUNOFF(ex4)SEE DETAIL I-I Sediment barriers shall be installed along the limits of disturbance prior to the start of construction and shall be maintained until gn,,g ? _ 11 construction is complete. PROP LLT FENCE --TO WE F. A stabilized construction entrance shall be maintained to prevent soil and loose debris from being tracked onto local roads. The SIDDETAILNs2 ON \ \ - _ TEST HOLE SP ENTRY: a / i �\ \ construction entrance shall be maintained until the site is permanently stabilized. Any sediment tracked onto public roads to be EXISTING 517E TRY TO BEDRIVE REMOVED SE < DECK TO Be NO SCALE removed or cleaned on a daily basis. USED AS A CONSTRUCTION 2 sty fr dwelling ENTRANCE UNTIL NEW ENTRY / / 7 EXIST.TENNIS COURT TO BE G. All runoff shall be retained on site in accordance with local regulations and approvals. Drainage inlets installed on site shall be N/o/F 15 BUILT \� - - �/ REMOVED BY MARK McDONALD GEOSCIENCE °d Z protected from sediment buildup through the use of appropriate inlet protection. &GARY ANZONI \RA STANZON � nIT 1\ p0� SOUTHOLD, NEW YORK 11971 Q e M H. Appropriate means shall be used to control dust during construction. 1000-23-1-15 / \ TEST HOLE DATA 9 / 18 / 17 ELEV. + 12.1 I. Followingpermanent stabilization, paved area shall be cleaned of soil and debris and drainage systems shall be DWELLING WITH WELL PEAS YARD BASIN(4'x4') \ E LLS FOR J o p 9 Y 1 STORMWATER RUNOFF cleaned and flushed as necessary. PIPED To DRYWELL •D• Po 1 NTI- ,� 1 (Sx6) SEE DETAIL 1-I LJ o ° i n i /pU'R \ 1.0 FT. DARK BROWN LOAM IOL w -�• X J. The contractor is responsible for inspection and proper maintenance of erosion control measures. Inspections x"`9;4% - - 1 NN\5 \ = a Z LL must be performed every seven calendar days and Immediately after periods of rainfall greater than one half Inch. Maintenance \ w• W " D in PROPOSED SILT FEW- measures are to include, but are not limited to, cleaning of recharge basins, sediment traps and drywells, cleaning and repair of `.<•;:; :: ;, o Z DURING CONS TIO �\ \ Q a n o sediment barriers, repair of berms and runoff diverters, and cleaning and repair of inlet protection devices. c°Nc. oRWVh' `+Y'^ SEE DETAIL sP 1 \ rj T 11.7 FT BROWN SILTY SAND SM w• " F ; K. During construction, the contractor will comply with all local regulations concerning the disposal of solid waste and debris and •- ��y w ; 1 �NLARG�M�NT Q ~ toxic and hazardous waste as well as sanitarysewer and septic stem regulations. Temporary fencing shall be erected as a A FOR RESIDENTIAL 1 WATER IN p Y g p ry g IGH WATER s . BROWN SILTY SAND SM N shown on Site Plan along with the placement of dumpsters to control the buildup of debris. The contractor shall periodically \p H K 11 \\ \ 19 SHEET #Sim--77 27.0 FT clean up any debris accumulated along the temporary fence and empty the dumpsters regularly. \ - - oNao s�\pG 1 \I \ WATER IN BROWN The contractor will report an required modifications to the SWPPP necessitated b field conditions or construction activities to FR \ 1 1\ 33 FT. FINE TO COARSE SAND SW p Y q Y � \ LIMITS of G1U=ARIN6 ICNp 1 the Engineer/Architect for revision of the SWPPP where appropriate. \ , +LAND�DIIS U DISTURBANCE \ 1 \ COMMENTS: WATER ENCOUNTERED 11.7' BELOW SURFACE, ELEV 0.4' DESCRIPTION OF CONSTRUCTION AND WASTE MATERIALS STORED ON SITE \ \ ,a OF NE�,y Construction materials shall include concrete wood forms, building lumber and associated metal attachments, precast concrete septic/drainage structures, prefabricated building components (windows doors, cabinets, flooring materials, finished roofing and \ y� XISTING GARAGE and `` , DRAINAGE CALCULATIONS \ � \ EXTERIOR PAVING TO BE siding materials, lighting fixtures, plumbing fixtures), gypsum wall board, batt and rigid insulation, piping for plumbing, outdoor '\ \ \ REMovED To BE REMOVED paving materials. 5 \ ` - + \ \ y- B AREA OF RESIDENCE (DW-A) PROPOSED SILT FENCE DURING Waste materials shall include demolition materials from the existing building structure, unused building materials and products, CONSTRUCTION SEE DETAIL DRY WELL AREA x RAINFALL x RUNOFF FACTOR o trash from construction workers meals and drinks. Project site shall have a dumpster that all waste marerials will be temporarily \. \ ILL sr (DW-A) 2,142 Sr- x (2/12 FT.) x 1.0 = 357 CU. FT. c� 1 stored and dum ster shall be emptied week) b a private carting company. y\ \ - - - - USE: (2) 8' DIAMETER x 6' HIGH POOL S A p p Y Y P g p Y• �. N , \ (2) 8' X V STORM DRAIN RING = 507 GU. FT. �!!� PROVIDED REQUIRED iPROJE -, NO: s 501 GU. FT. > 357 GU. FT. /✓/ 1705 AREA OF RESIDENCE (DW-B) DRY WELL AREA x RAINFALL x RUNOFF FACTOR DRAWN BY: -s (DW-B) 1,4156 SF x (2/12 FT.) x 1.0 = 326 GU. FT. UT USE: (2) 8' DIAMETER x 4' HIGH POOL CHECKED BY: TOP OF EXISTING GRADE \ \\\1 \ \ I I l � (2) 8 X 4 STORM DRAIN RING = 337.8 CU. FT. NS CAST IRON FRAME AND COVER TO CONC OUN T\ \ � \ �' �o ,1 33�81GU.PT. > 3�6UGU FT. DATE: GRADE (AS REQUIRED) TRAFFIC SLAB (SEE \ \F\ - - - 2 I SCALE: 15, 202( - ,� :� �• AREA OF DRIVEWAY (DW-C) PLANS FOR LOCATIONS) \ \ - _ �� v; ��pE DRY WELL AREA x RAINFALL x RUNOFF FACTOR „ _ e<U OH \\ \ \ \ / I NO�ZNf` - V�,ROK (DW-G) 1,883 SF x (2/12 FT) x 0.1 = 21q.1 GU. FT. 1 30. - 0 USE: (2) 8' DIAMETER x 4' HIGH POOL SHEET TITLE. °R"�+qy \ \ \ \ ' (2) 8' X 4' STORM DRAIN RING = 336 GU. FT. J �'2p \ \ \ - i / v°`� • �' �� PROVIDED REQUIRED ----------------- _ OVERALL 336 GU. FT. > 2141.1 GU. FT - ' � Q . SITE � ® ® ® ® ® ® ® ® ® � DRAINAGE BASIN FOR � •99 c° -•-.o '• �623� Q SIZES SEE SITE PLANS AN �• �� • LMA PLAN I'{�{A A mm ® ® ® ® ® ® ® ® ® WIRE FENCE W/ �•�� rp 4 �r ® ® ® ® ® ® ® ® ® w BACKFILL MATERIAL F FILTER CLOTH �..�''� �`Z�9 �� EVIEWED Y S 1l� PPP Z ® ® ® ® ® ® ® ® ® AND GRAVEL SAND II R' O \ SURFACE ---��' �•. � ��'r- DECl510�� �S BELOW &RAVEMIN. 6 DRAINAGE . . . ` it®_,_�. I!1--- �_,-,�'i_ �. FLOW i'' �� SHEET NO: GROUND WATER0 V %NW1 PL A` H- PERMANENT STORM WATER RUNOFF CONTROL MEASURE TEMPORARY STORM WATER RUNOFF CONTROL MEASURE ER SCALE: 1" = 30'-0" L Y�NT �M DRAINAGERING TYPICAL NOSOSION & SEDIMENT CONTROL DETAIL Rin A PI=PI T A1=T QrOr COUNTY OF SUFFOLK �o �i ks OFFICE OF THE COUNTY EXECUTIVE / Steven Bellone JSUFFOLK COUNTY EXECUTIVE Natalie Wright Department of 1 Commissioner Economic Development and Planning April 23, 2021 Town of Southold Zoning Board of Appeals RECEIVED 53095 Main Road P.O.Box 1179 ��R1L2 ,�a1 Southold,NY 11971-0959 Attn: Leslie Weismanoi�g ��arrl oft 3�pe�ls Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local' determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Municipal File Number Richard Kalich #7505 JJ,) Mark Hoffman &John Pierce 97507SE ,uky Kiely #7508SE jwty Linda Dambassis #7509 aat� Michael &Lisa Boyd #7511 .1--, Jacob Wylie 47512 j-,5 Neil Stronski #7513 Maia Rubin&Jonathan Babkow #7514 atm Marcel Dzama #7515 Very truly yours, Sarah Lansdale Director of Planning ��i ,I" R /�yee, By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning& Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■(631)853-5191 OFFICE LOCATION: SOF SOMAILING ADDRESS: Town Hall Annex ��� �lQ P.O.Box 1179 - 75 State Route 25 Southold, NY 11971 r.Main Rd. &Youngs Ave.) Southold,NY 11971 • Q Telephone: 631765-1938 Yi l�c®U �a LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM :� - ;~r'�--- To: Leslie Weisman, Chair APR 3 0 2021 Members of the Zoning Board of Appeals From: Mark Terry,AICP Assistant Town Planning Director LWRP,Coordinator, Date April 27,2021 Re: LWRP Coastal Consistency Review for ZBA JONATHAN BABKOW AND MAIA RUBIN#7514 SCTM#1000-23-1-18.1. JONATHAN BABKOW AND MAIA RUBIN#7514-Request for a Variance from Article XXIII, Section 280- 105; and the Building Inspector's April 15,2021 Notice of Disapproval based on an application for a permit to construct an eight(8)feet fence surrounding a tennis court in the front yard; at; 1)more than the code required maximum four(4)feet in height when located in the front yard; located at: 360 Private Road#8,(Adj.to Dam Pond)East Marion,NY. SCTM No. 1000-23-1-18.1. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the, . records available to me,the proposal is recommended as CONSISTENT with the LWRP. Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation'in ' preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy, Town Attorney FORM NO. 3 NOTICE OF DISAPPROVAL �f APR 1 2021 DATE:Novem er 30,2020 TO: Samuels and Steelman(Rubin) 2 1 eo e 25235 Main Road " ``°���`� �:=a�'` t� n� Cutchogue,NY 11935 Please take notice that your application For permit to construct,an V'tennis court fence-in he front,yard at Location of property: 3'60 Private Road 4,Fst�,ddon;NY County Tax Map No. 1000-Section 23 Block 1 Lot 18.1 Is returned herewith and disapproved on the following grounds: The,proposed construction is not permitted pursuant to Article XXII Section 280-105 which states "Fences walls--ot berms may be%erected and rnaitilained,subject to the following,height limitations: A. "When located in the front yard of residential zones,the same shall not exceed four feet in bei ,The proposed fence is 8 feet in height. , Authbr4ed,Signature ' Note to Applicant: Any change or deviation to the above referenced application,may require further review by the Southold Town Building Department. CC: file,Z.B.A. Fee:$ Filed By: Assigm ent No. - — ---' APPLICATION TO THE SOUTHOLD TOWN BOARD OF AP�EALS AREA VARIANCE APR 19 2021 House No.-360—Street Private Road#8 Hamle SCTM 1000 Section 23 Block 1 Lots) 18.1 Lot Size 77,883 sf Zone R-80 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED _a BASED ON SURVEY/SITE PLAN DATED ' Owner(s):—Jonathan Babkow&Maia Rubin Mailing Address:-2112 Broadway 7C New York,NY 10023 Telephone:-917 664-1302 Fax: Email:jeb333333@yahoo.com NOTE:In addition to the above.please complete below if application.is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative;–Nancy Steelman,RA for(X)Owner( )Other; Address:-25235 Main Road Cutchogue,NY 11935 Telephone:_631734-6405 Fax: NA_Email:—nancy@samuelsandsteelman.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED FOR: (x)Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the coder) Article:XXH Section: 280 Subsection: 105 Type of Appeal. An Appeal is made for: (X)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 2811-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( )has, ( has not been made at_any time with respect to this property,UNDER Appeal No(s). Year(s). .(Please be sure to research before completing this question or call our offrce for assistance) None of Owner: ZBA File# REASONS FOR APPEAL (Please be specific,additional sheets may be used with prepare, signature notarized): ^ ,�, 1 An undesirable change will not be produced in the CHARACTER of the neighbor or a de{riment to,�a�b I properties if granted,because. f H f K , An existing Tennis Court and 8'fence has existed since 1990. The tennis Curt is oing to be replace and a new 8 fence installed. The character of the community will not chanii� e tlF� frice'ha ' existed for 31 years. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: The 8'fence is to prevent tennis balls from entering the adjacent neighbor's property and the Main Road. A Thigh will not be sufficient. 3 The amount of relief requested is not substantial because. The current code allows fora 4'�high fence in the front yard. This fence can be on the property line. The proposed 8'fence is`81,front the Main Road property line ana, from the right of way at it's closet point. The relief requested is not substantial due to the distances from the property lines and because the relief requested is only 4'above what is allowed. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed fence is located2--�21eet from mean high tide and will not impact or have any adverse effects on the environment. 5.Has the alleged difficulty been self-created? { } Yes,or {-TNo Why: The property is located on Dam Pond and the code allows for accessory structures to be located in the front yard. The 8'fence is a normal component of all Tennis Courts and should be seen as part of the accessory structure and not a separate entity. Are there any Covenants or Restrictions concerning this land? {} No a Yes(please furnish a copy) This is the NUN 4UM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the comm ity itcan g ature App t or Authorized Agent (Agent m submit written Authorization from Owner) Swo to before me thist day of 20 L� J2J . otary Public BARBARA H.TANDY Notary Public,State Of New York No. OITA6088001 Qualified In Suffolk County Commission Expires 01/13/20 a-.3 (� APPLICANT'S PROJECT DESCRIPTION .-- -- - —— -- APPLICANT: Jonathan Babkow&M219 Robin DATE PREPARE 1{Agg 1.For Demolition of Existing Building Areas i Please describe areas being removed: Existing Tennis Court &8'fence to be H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: NA Dimensions of new second floor: NA Dimensions of floor above second level: NA Height(from finished ground to top of ridge): NA Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor. NA M.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary) Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations. NA Number of Floors and Changes WITH Alterations. NA IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property. 4951 SF Proposed increase of building coverage: 0 SF Square footage of your lot: 77,883 SF Percentage of coverage of your lot by building area: 6.36% V.Purpose of New Construction: To play Tennis VL Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): NA Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 412012 QUESTIONNALRE 5L� FOR FILING WITH YOUR ZBA APPLICATION-_,,,,.: ----.-_-.-•.-_-_ - , A. Is the subject premises listed on the real estate market for sale? Yes X No I APR 1 y 2029 I B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? YES 2.) Are those areas shown on the survey submitted with this application? YES 3.)Is the property bulk headed between the wetlands area and the upland building area? NO 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? YES Please confirm status of your inquiry or application with the Trustees: Trustees Permit issued and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? NO Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? YES If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: Construction of a new House,Pool and Tennis Court G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? NO If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel SINGLE FAMILY with pool&tennis Court and the proposed use same (ex: existing single family,proposed: same with garage,pool or other) fuliibrize afore and Date . 1 AOL Adk TOWN OF SOUTHOLD—BUILDING DEPA RTI�IE !T Town Hall Annex 54375 Main Road P. 0.Box 1179 Southold,NY II"1971A(MI 9 '021 Telephone(631)765-1802 Fax(631)765-9502 haps://www.southoldtoM=.g2v 1"! For Office Use Only -"Date-Received PERMIT NO. V Building inspe Applications and forms must be filled out in their entirety.Incomplete applications NOY 2,57' 2020 4 - will not be accepted. Where the Applicant is not the owner,an Owner's Authorization form(Page 2)shall be completed. 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"''�'> 3i',`. .��=�:n.,.. ..�a�J•;��`t��y�^.�`.» .'k-"�::'';�;`;=;L•.7' }f-__ ,� Ei,__."�,'_"5:" +:,, s?`uTs_s"3- ->z�'3,`_�?`,E z,&e�.u�,.. -.>.�;• s..1 rs,-'��n -";•z:?Sr'�'�t3a,�-r:�iE�'Nk,-nS.F'1�.��,rr•-,n..,s ,.+u'sladt,',`�„��'t Name: see below Mailing Address: Phone#: Email: ..,t.j•a*.;S.Y. :•.t"'^ ~`r?;w�`'}�•*, �.!•..>,.,CW'•' rn'Q'T. -'J'.bJ^{„• .£�-. - ^a..a '- - - •:�ito Fla iii':+:- ^:}^: -tim'1„�:?3'^'_�.',.,. - :�'� '- ��`u3',i.r ti'.•k: E �`�r �w ""11�t�r,�•� �4y�;y�� �=iA 1�P��Pi��� M3 IYALlrV7(y[����j/yl�l"IS/_# -.k-,"-,4a,4;`��=s-�+'• +r.,�':r'%^ _ � '.'4 F" _t5• :f '.F. >^Jr s^='"%",+c ...iii-C:^ ,fA'.;'^rYi.".Sp-a x.: `s:. ?i .V+..+f.<�' `♦h�tl,r^,aj";` ±1 - t»rte-.. M1.Xa�'�-.i SL a.�*?r,F ,J:3,:n.4s.�i.:tis•-'s��'�ri���.��ux...�'�`7�;t�iC ,'ti"`;1���'fa.�•ti,:a�.,�.=,�3a•�� < <t'>`•i;.:a"«�.��� `..��Vie;.,t,�;e.rr,v.<..,, n+•,•f�' .�3 '�„�`-- crti'• `La+ _-=:<°"c_.^wZ_`:i=.v$F=�.f.'�,^',`'S:'..^.�T-"�:2"x'�•"f,'-?^t•';t�i���=K''�,R'�: Name:Nancy Steelman,Sarviuels and Steelman Architects Mailing Address: 25235 Main Road,Cutchogue, NY 11935 Phone#: 6317346405 Email: nancy@samuelsandsteelman.comV~w �A ^ur.i' •Y'^ i a,A'i;SSJS vt. r':S`y`� ,;,;_� .Y'�? _ 1;= _ .� `� �^GI'QR 1 ,� 111''-�• :a3, ;<�-: +.>.- _; y��y��,� � "i�b� .^ye.,.. �'it",�- v=�i.t' .3-e td f•�+ �''Ei"•"< :_Y.= �?r,vs ?iztrs.S:r *r�:.,8`ea;lyvwr\�+•_.�•r:Ls�x;}7��,�.•>.>�,:,�ti: �.i�s'a z��° ':?+.'�'-5_;�:r.✓ >.'i:'. ..eStT+'�:�-c`-•• :1�"-'..�t<:�e ��<^��«-h_ y, ".*�.-'_'SE _ _ '-,"'L';d.X. ._.a>..- _ _ _..:rXi:z'S�.-+4-r•�. .ri,,X.�•^h�ws...,{A.�i., x j..y.li.�.-1.'#3 L.^ri']'y'v.S'r'.a."C?i�.,'.l d Name:North Fork Woodworks,Inc. Mailing Address: PO Box 1407,Southold, NY 11971 Phone#:631298-7900 Email:kyle@nfwoodworks.com r= 5 S'fFtCfi��T a f - $`� v� i:T�.,,!-tet•` .?5"• - '_H.,> NNew Structure ❑Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project: ❑Other $_100,000 Will the lot be re-graded? OYes 0N Will excess fill be remove rom premises? ❑Yes $No `=RRP'�RTy°tAl O1=0RN1AT1'OIV _` - Existing use of property:Single Family Residence Intended use of property: same Date of Purchase:2003 Name of Former Owner: 1 Lq Zone or use district in which premises is situated: R-80 Are there any covenants and--restrictions-with respdE to this property? PQYes [INb 1F YES,'4ViOPA COPY. Check Box After Reading: The owner/contractor/design professional is responsible for all drainagea„dstorm At”Isjj a?D&ided by Chapter 236 of the Town Cade.APPLICATION IS HEREBY MADE to the Building Department for the issuance of a B J ding Permit pursuant,to the Building lone ordinance of the Town of Southold,Suffolk,County,New York and other applicable Laws,Ordufances or Regulm .,for the construction of buildings, additions,alterations or for removal or demolition as herein described.The applicant agrees to comply with all app cable IM,ordinances,building cb4e, housing code and regulations and to admit authorized Inspectors on premises and in building(s)for necessary inspectlors f'alse'state'ments made herein are punishable as a Class A misdemeanor pursuant to Section 210AS of the New York State Penal Law. — —"— Application Submitted By( rint ame):Nan S eelman,Architect JgAuthorized Agent ❑Owner Signature of Applica Date: CONNIE D.BUNCH .STATE OF NEW YORK) Notary Public,State of New York SS: No.OIBU6185050 Clualifled In Suffolk County COUNTY OF ) Commission Expires April 14,2 OQ Nancy Steelman being duly sworn,deposes and says that(s)he is the applicant.(Name of individual signing contract)above named, (S)he is the Architect,Agent (Contractor.Agent,Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his/her knowledge and belief;and that the work will be performed in the manner set forth in the application file therewith. Sworn before me this -� day of ' y L .200 `�v r IY"r Notary Public PROPERTY OWNER AUTHORIZATION (Where the applicant is not the owner) I, Jonathan Babkow&Maia Rubin residing at 2112 Broadway VC, New York,NY 10023 do hereby authorize_Nancy Steelman,Architect to apply on my behalf to the Town of Southold Building Department for approval as described herein. Owner's Signature Date Print Owner's Name TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERKS OFFICE SOUTHOLD, NY APR 19 2029 BUILDING PERMIT ,� ^ (THIS PERMIT MUST BE KEPT ON THE PREMISES----- WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) P6rmit#: 45510 Date: 11/30/2020 Permission is hereby granted to: Rubin, Mala E Babkow, Jonathan 2112 Broadway Apt 7C New York, NY 10023 To: construct an accessory tennis court as applied for. At premises located at: 360 Private Rd #8, East Marion SCTM #473889 Sec/Block/Lot#23.4-18.1 Pursuant to application dated 11/30/2020 and approved by the Building Inspector. To expire on 6/1/2022. Fees: ACCESSORY $100.00 CO-ACCESSORY BUILDING $50.00 Total: $150.00 1 Building Inspector -- TOWN OF SOUTHOLD 'k,�'` BUILDING DEPARTMENT 1111411$ 4 TOWN CLERIC S OFFICE 5 � 4 SOUTHOLD, NY ' �! APR 19 2029 BUILDING PERMIT fi (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 45482 Date: 11/23/2020 Permission is hereby granted to: Rubin, Maia 2112 Broadway Apt 7C New York, NY 10023 To: construct a new single family dwelling as applied for per DEC, Trustee and SCHD approvals. At premises located at: 360 Private Rd#8, East Marion SCTM#473889 Sec/Block/Lot#23.4-18.1 Pursuant to application dated 1119/2020 and approved by the Building Inspector. To expire on 512512022. Fees: SINGLE FAMILY DWELLING-ADDITION OR ALTERATION $3,440.00 CO-NEW DWELLING $50.00 Total: $3,490.00 Building Inspector OWN OF SOUTHOLD BUILDING DEPARTMENT I� TOWN CLERK'S OFFICE I APR Y y 9029 SOUTHOLD, NY BUILDING PERMIT -- ---- (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 45485 Date: 11/23/2020 Permission is hereby granted to: Rubin, Mala & Babkow, Jonathan 2112 Broadway Apt 7C New York, NY 10023 To: clonstruct an accessory ire-ground swimming pool as applied for. At premises located at: 360 Private Rd#8, East Marion SCTNI #473889 SeclBlocklLot#23.-1-1&1 Pursuant to application dated 11/1312020 and approved by the Building Inspector. To expire on 5/26/2022. Fees: SWIMMING POOLS-IN-GROUND WITH FENCE ENCLOSURE $250.00 CO- SWIMMING,POOL $50.00 Total: $300.00 Building lnspec or AGRICULTURAL.DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD APR 19 ?021 WHEN TO USE THIS FORM: This form must be completed by the applicant�for any special use permit, site plan approval,use variance, area variance or subdivision approvalfon property within an agricultural district OR within 500 feet of a farm operation located in an agricuti&Af district:- s All applications requiring an agricultural data statement must be referred to the-Siiffo-1kCounty' Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Jonathan Babkow&IyLtib_IZUbtn 2. Address of Applicant: 212 Broadway 7C,New York,NY 10023 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: same 5. Description of Proposed Project: Add 4'onto an allowable 4'fence. 6. Location of Property: (road and Tax map number) 360 Private Road#8 East Marion,NY 7. Is the parcel within 500 feet of a farm operation? { } Yes { No 8. Is this parcel actively farmed? { } Yes {X No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and-mailing addresses from the Town Assessor's Office(765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. NONE 2. 3. 4. 5. 6. (Please se the b k of this page if there are additional property owners) _71 yoteSna�f_A_pplicant Date : 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short EAWronmental Assessment Form APR 1y 2029 Instructions for ComWetins Part 1-Project Information. The applicant or project sponsor is responsible for the eongAetift-o-tPart '.—RiR poiiseg - 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 I-Project and Sponsor Information Name of Action or Project:Jonathan Babkow&Mia Rubin Project Location(describe,and attach a location map): 360 Private Road#8 East Marion,NY Brief Description of Proposed Action: Construction of a new 8'fence Name of Applicant or Sponsor:Jonathan Babkow&Mia Rubin Telephone:917 664-1302 E-Mail:jeb333333@yahoo.com Address:2112 Broadway 7C City/PO:New York State: NY Zip Code: 10023 , 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X 3.a.Total acreage of the site of the proposed action? 1.788 acres b. Total acreage to be physically disturbed? c Total acreage(project site and any contiguous properties)owned 28 acres or controlled by the applicant or project sponsor? 1.788 acres 4 Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial ;Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, _ __- ---- NO`' YES N/A a A permitted use under the zoning regulations? � X b. Consistent with the adopted comprehensive plan9 X 6. Is the proposed action consistent with the predominant character of the existing built or natural. NO YES landscape? �� X 7 Is the site of the proposed action located in,or does it adjoin,a state listed Critical-Envirotr_m6ntal:M&i? - NO YES If Yes,identify- 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b .Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies. 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water- x 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12 a Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑AgriculturaUgrasslands ❑Early mid-successional AWetland ❑Urban Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered 16.Is the project site located in the 100 year flood plain? NO YES X 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 X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe. /,NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in tl}e,impoundment of -NO YES water or other liquids(e.g retention pond,waste lagoon,dam)? If Yes,explain purpose and size: n nh � I 19.Has the site of the proposed action or an adjoining property been the location of An active or closed„ , N,QOj YES solid waste management facility? '_j If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF My KNOWLEDGE l )� L Applicant/sp name- IrYh ff Date: Z 12 Signature Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" - _ No,or Moderate small to large _. impact impact may may _ occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing• a public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action.impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate _ . .. t A{��~- �Q2� ;small to large _ ',impact impact �m ay may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude Also consider the potential for short-term,long-term and cumulative impacts ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 4 fl Board of Zoning Anneals Application i l APR 19 2021 AUTHORIZATION (Where the Applicant is not the Owner) _Main Rubin residing at 212 Broadway 7C New Fork,NY 10023 (Print property owner's name) (Mailing Address) do hereby authorize Nancy Steelman,RA (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. r er s Signature) Maia Rubin (Print Owner's Name) Board of Zoning Appeals Application '.l APR 19 '!021 AUTHORIZATION (Where the Applicant is not the Owner) iI e 1 j, Jonathan Babkow residing at 2112 Broadway 7C New fork,NY 10023 (Print property owner's name) (Mailing Address) do hereby authorize Nancy Steelman,RA (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. j //-� 7- Owner's Signature) Jonathan Babkow (Print Owner's Name) APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics Prohibits conflicts of interest on the part of town officers and employees The Purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is I!� necessary to avoid same. ` 1 YOUR NAME: Maia Rubin !I r -^-;^fly u� (Last name,first name,middle initial,unless you are applying in the name of someone else or othe entity,such as fi•-- company.If so,indicate the other person's or company's name.) j APR 19 200 TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance x Trustee Permit r Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest.`Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSIMP Submitted this day of&ri ,202-1 Signature `'�� Print Name Maia Rubin ►`� tea- ��-'J�' "1 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics probibits conflicts of interest on the part of town officers and emolovees.The purpose of thi�'� form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Jonathan Babkow -- -=-- - - - •(Last name,first name,middle initial,unless you are applying in the name of someone else orother entity,such as•a- company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) APR 19 2029 Tax grievance Building Permit Variance X Trustee Permit - Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is,(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHW Submitted this Today of� hri! ,20 2L Signature_ fl & Print Name onathan Babkow AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Nancy Steelman (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such'a.,a- company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) I APR 19 2021 Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest.`Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or ID)the actual applicant DESCRIPTION OF RELATIONSHW Submitted this ' dayofAMij 2021 Signature J/ 4�j Print Nam Nand eelman Town of Southold LWRP CONSISTENCY ASSESSMENT FORM APR 19 202 A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall comp eta-e tbthis CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 23 - 1 - 18.1 The Application has been submitted to (check appropriate response): ZBA Town Board © Planning Dept. M Building Dept. 0 Board of Trustees El I. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: Fx Nature and extent of action: Go n s on n S' nce ennis—Co ur Location of action: 360 Private Road #8, East Marion, NY 11939 Site acreage: •788 acres 'j Ann 9 2021 Present land use: single family residential �I Present zoning classification: R-80 = 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: Jonathan Babkow & Maia Rubin (b) Ming address: 2112 Broadway, 7C, New York, NY 10023 (c) Telephone number:Area Code(91,7T664-1302 664-1302 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No 1:3 If yes,which state or federal agency? C. Evaluate the project to the following policies by aaalg►zang how the project will furthersupport or not support the policies. Provide all proposed Rest Management Practices that will further each policy. Incomplete answers well require that the fossa be returned for completion. Ii EVELOPEI D COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, pireserves open spance9 makes efficient use of Infrastructure,makes beneficial use of a coastal location,sand minimizes adverse effects of development. See LWRP Section 111—PoRcies9 Page 2 for evaluation criteria. Yes ❑ No D I nt Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic &ad ar<chaeologicsl resources of the Iowan of Southold. See LMW Section M—Policies Pages 3 through 6 for evaluation criteris ❑ Yes ❑ No FII Not Applicaahile There is no historic or archeological structures on property. .i 1 APR 9 2021 Attach additional sheets if necessary ---------- -- Policy 3. Enhance vAsuaaR quality and protect scenic resources throughout the Town of Southold. See ILWRI?Secdoan M—Policies Lagos 6 through 7 for evaluation criteria 0 Yes ❑ leo ❑ Not Applicable Building structure is in keeping in style and scale of neighboring stuctures. Attach additional sheets if necessary NATURAL COAST PO LIDS Policy 4e Minimize floss of life, stToctures, and mrarituraal resources from ffloodirng and erosion. See LMUP Section IM--Policies Pages a through 116 for evaluation criteria ❑ des ❑ .o ® Not Applicable Attach additional sheets if necessary Policy S. Protect and improve water quality and supply in the Town of Southold. See LVVRF Sectiiom M —Policies Pages 16 through 211 for evaluation criteria ❑ Yes El No D Not AppReaable Attach additional sheets if necessary Policy 6o Protect and restore the quality and ffunctaon. of the Town of Soothold ecosystems including Sigaificaut Coarstd 71sh aamd Wildlife HaaMaats and wetla ads., See LIAW Section ffi—Policies; Pages 22 through 32 for evaluation criteria. ❑ ❑ ❑ Not Applicable l l _ Yes No Not Applicable No development will take place in the "protected" or"natural indigenous-envj;onmerAP R 19 2021 Attach additional sheets if necessary Policy 90 Proiect and improve air quality in the Town of Southold. See LWRP Section M — Policies Pages 12 through 34 for evaluation cAteria. ® yes ❑ No{] Not,applicable The development will not add pollutants into the air. Attach additional sheets if necessary Policy lia hUnimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section M—PoRcies; Pees 34 through 30 for evaluation crigeR ia9 ❑ Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section M—Policies;Pages 38 through 46 for evaleuatko criteria. ❑ fie❑ N®® Not Applicable No public land involved. Littoral access unimpeded. Attach additional sheets if necessary WORDMG CAST POLICIES }Policy 10. Protect Soauthold's water-depeadent uses and promote sitarmg of new *atea-g j es in . suitable locations. See LVW Section RE—Policies; Pages 49 through 56 for evarl atiou criteria. ❑Yes ❑ No [3 Not Applicable __� -- There are no public or commercial activities or uses on site. Historically this property and neighboring properties are residential in use and will remain residential 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 ILMW Section Ili—Policies-, Pages 59 through 62 for evaluation criteria. 13 Yes 1:1 No❑ Not Applicable % This project will protect and preserve the living marine resources by maintaining X11 rainwater discharge on site. Attach additional sheets if necessary Policy 12. }Protect agricultuml hands in the Town of Southold. See LWRP Section M—Policies; Pages 62 through 65 for evaluation criteria. Yes 1:1 .o Lr-A--JN,,�ppli ble There are no agricultural lands on site. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section M—Policies; Pees 65 through 68 for evaluati®n criteria. Q Yes ❑ Into ❑ Not Applicable The cons ruc: inn �p�ilj he��sin� �uipmet approved by the Federal government for energy-usage Ibe , pTmeet Eaderal standards for conse I "anarmt Cfar Prnnram" PREPD BY Nancy Steelman TSE Architect DATE 9 �j t r r tO l y� s 'r �i. �A �. .,1 r�� •'�. 1;+, f / '�� F�,� � f`��� +� Ab �p I _ r i -�.. .•... . .,i.•.�a. -, w cru'.- F_ 'i� �t > � y s , u W.. d' �7 f • n r Y P Y 1 1 s , ; r.' f �J"l�iY h.xa l'Pd p 3 i4::Y'�7j i'e`rr1.VYr "x f/I•IlmVrfl+(j{'� ral +,1� Y N Of 7clr{ �F� !•f ! 1. r T.r.9Y�,SN;„r,i.� is.... r tYYFt �rfl r��Vrr (J�/L ✓rn v��!„r ,r _ f ,r f r t r r. Ir�-,I��r .a;2=r .fi-.. � ..`•es.....-�$-.a�'... r . • r ,1„L-0't_+,y,Ts7 ts�� :'v - �fr it,.i. ,r.r ,! _ '..� ��"f.+.. ` 'f 'raft a d lip ,. � �M�pydyY X74 I f ' . ,�"Y."':X'y � >$ �rr+� "�yT�l��r„rl'��,�"� �„�` �, ,y � ��'tt. ...^y �•� � 3.. u � - :9,ro�J�'a �G"�a•�K.�x; � r ��' ti � a. ':y,- r � F , °rw. _ t 'MJyR�+���! '1/11MdN1.r ' �.T„bl r 4* z++ .+��Y t`'-y'?-�� t�p_ �..>Qr�t � � :I�,.�Y'rfiS�fF '�5 ���4e<s:.i➢+” N. � j ',�,�. '•r. a� f, _- r r T - F SCHEDULE' "Cer t J APR 19 2M BOARD OF SOUTHOLD,TOWN TRUSTEES, I ���,.�� SOUTHOLD, W YORK �,L;� "�"J? ✓)j- - PERMIT No.9388 DATE: FEBRUARY 11•2019 a ISSUED TO: JONAT L4,N BABKOW A MAMA RUBIN PROPERTY ADDRESS: 360 PRIVATE ROAD##8.EAST MARION SCTM#1000-23-1-18.1 ; AUTHORIlAATION ` � 1 Pursuant to the.provisions of,Chapter 275 of he Town Code of the-Town of Southold and in fi accordance with the Resolution of the Board of Trustees a opted at the meeting held on February 13.2019,-and in consideration of application fee.in the sum of$250.0 p aid by Joh an Babkow&Maria Rubin and subject to theTeems and Conditions as stated in the Resolution, a Southold Town Board of Trustees authorizes and permits the'foilowing; ..._ ._ .... _ _,�.. Wetland Permit to demolish existing 2,543sq.ft.di villing with 1,567sqft of decking;remove, existing 2,2364ti.ft.of vinyl pool,terrace and ret ' 'ng walls; remove existing 2,830s+ft. concrete driveway and walkway;constii uactmew 2, 61sq.ft.tw"tory dwelling with attached 2- car garage;construct a 352sq.ft.landward terrace and a 675sq.ft.seaward side terrace attached to dwelling;construct,a 620sq.ft.trellis;c nstruct a combined 2,972sq.ft.gunite swimming pool(20'x40')and pool terraceseawarc of dwelling;install pool enclosure fencing around perimeter of property;install a new well a id sanitary system,2,255sq,ft.of new gravel driveway and parking area and new 322sq.ff.entr r walkway,all to be located"landward of Trustee jurisdiction;and to install gutters to leads Fs to dryweUs to contain roof runoff,and in .� accordance with Chapter 236 of the Town Code— tortnwater Management-,with,the cand-W— a - to establish and,perpetuall maintain a 15'widen n-turf buffer landward of fence and that the area seaway of the fence be a non-disturbance zo e; tree-removal is to a finite ;an as epilcte on a sa repare y Samuels&S eelman Architects,dated February5,201'9, an smpe .IN WTTNESS'WHEREOF,the said Board of Trustees herIy causes its Corporate Seal to be affixed, and these presents-to be subscribed by a majority of the sail Board as of the IP day,of-February,2019. Al TERM'AND CONDITIONS 1 APR 19 2021 The Permittee Jonathan Babkow&Maria Rubin residing at 360 Private Road 48 East Marion 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 __n, • ___.. �_ .______._foT revocation of this Permit"liy fesaliition 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 tQ 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. DECLARATION OF COVENANTS 1 APR 19 '021 THIS DECLARATION made this`r -a-ay of January, 2020 by Mk Q��� RUBIN AND JONATHAN BABKOW,residing at 2112 Broadway,Apt 7C,New York, New York 10023,,hereafter referred to as `DECLARANT": WITNESSETH : WHEREAS;DECLARANT is the owner of a certain real property located at 360 Private Road48,East Marion, Town of Southold, County of-Suffolk, State of New York 11939, described in the Suffolk County Tax Map as District 1000,Section 023.00,Block 01.00,Lot 018.001,which is more particularly bounded and described as set forth in "Schedule A" annexed hereto,hereafter referred to as the Property; Froper._t!is situate on lands within tate jurisdiction of the_Board _ _ �.._ of Trustees of the Town of Southold(hereinafter the"Trustees")pursuant to Chapter 275 of the Town Code of the Town of Southold or its successor, and various activities conducted upon the property may thus be subject to the regulation and approval of the Trustees prior to being conducted; WHEREAS,DECLARANT has made application to the Trustees for a permit pursuant to the Wetlands Law of the Town of Southold to undertake certain regulated activities; and WHEREAS, as a condition of the granting of a Wetlands Permit to undertake such regulated activities,the Trustees have required that DECLARANT record evidence of the Wetlands Permit issued,by the Trustees and the"non-turf buffer"condition of the Permit, whereby the Trustees required that the DECLARANT establish and perpetually maintain a 15' wide non-turf buffer landward of fence and that the area seaward of the fence be a non-disturbance zone; tree removal is to be limited to and as depicted on the site plan prepared`by Samuels& Steelman Architects, dated February 5, 2019 and stamped approved on February 13, 2019 (the "PIan"), attached as "Schedule B", and the Trustees' Permit dated February 13,2019, attached hereto as "Schedule C". WHEREAS the DECT has considered the foregain and has determined that the same will be in the est interest of the DECVARANT,.and sugbsequent owners of the Property and NOW,THEREFORE, THE DECLARANT does hereby covenant and agree as follows: /� F 71) Upon the substantial completion of the aforementioned permitted aetivi&� R 19 2021 4 there shall be established and subsequently maintained a"Non Tu,Brefez'' defined by Chapter 275 of the Town Code within the"Non Disturbance Zone", as shown on the Plan. 2) These covenants shall run with the land and shall be binding on the DECLARANT, their-heirs,assigns, purchasers,or successors in interest,and may only be modified after a public hearing and upon resolution of the -- --- - 'Trastees.—~- __-- 3) These covenants shall constitute a notice covenant and deed restriction restricting the Property as aforesaid. IN WITNESS WHEREOF,the owner has executed this instrument this aday of January, 2020. 'N4aia Rubin Jona an Babkow STATE OF NEW YORK, COUNTY OF _ I� V K : ss: On the 2-I day of , QQ1( , in the year"efore me,the undersigned, a NbtaryPublid in and for said-Staf,personally appeared 1Vlaia R>leliiii aiid JoMAKata " Babkow,personally known to me or proved to me on the basis of satisfactory evidence that they executed the same in their capacity and that by their signatures on the instrument, the individuals, or the persons or entities upon behalf of which the individuals acted,executed the instrument. Notary Public • SAMAN�1 A gAXr re1c&rTrusteesBabkolv2019 a rMy AMANTHA SHANEIL ELLIOTT CHARLEY Notary Public-State of New York NO.01EL6389601 Qualified in New York County Commission Expires Apr 1,2023 e � ' ' S APR 1 9 ?02� . i SCHEDULE A - -ALL that certain plot,piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point on the Northerly side of Main Road (S.R. 25)where same is intersected by land now or formerly of Fried with the Northerly side of Main Road; RUNNING THENCE Westerly along said Northerly side of Main Road on a curve to the left, having a radius of 2898.00 feet,a distance of 62.30 feet; THENCE along a 30 foot wide right of way the following two (2) courses: _ 1. North 61 degrees 28 minutes West 161.99 feet; 2. North 15 degrees 30 minutes 00 seconds West 211.74 feet; THENCE North 75 degrees 30 minutes 00 seconds West 29.96 feet to land now or formerly of Mendillo; ' THENCE along land now or formerly of Mendillo North 18 degrees 33 minutes 50 seconds East 231.62 feet more or less to the Southwesterly side of Dam Pond; THENCE along the Southwesterly side of Dam Pond, on a tie line bearing South 61 degrees 31 minutes 00 seconds East 103.39 feet to the Westerly side of land now or formerly of Fried; THENCE along land now or formerly of Fried, South 15 degrees 30 minutes 00 seconds East 451.08 feet to the Northerly side of Main Road(S.R. 25) and the point or place of BEGINNING. ' Z sire .,�. ' APPROVED Y ` ���®-2 t e BQAROOFidU� ES DAM POWD - ------- SITE DATA :a^cf sqff IWMO i000-2a-0iaat OM a Tai / \ E ' ,Il N=,WCAt1aN OF NEYi� (� Ao�ON�83� E�aetAFl�Iy�bnRN�11� �FD'k:415B0Ur�'7A'rr N '01711C.Rt JoFnOabEwitk4ta, n Be%-m N061 i91StLei�lA�e { rin 70 't8. N77i•'IUFCP EKn`fCR f ('�� ® r•_ NM York.PtY 17lI!_ --'"' ..w•n�•.s+.• ry a Jd►� \ },� N �� � srrEnREA: 7T.16S 6Fari.7aa xros R �� w L °1 �9 weft a+os: LU x r ao.Ft.;acea acRSs (0 a cFC¢ r -q tONkdG: ROOD ds �"' D:ar�w,e xew I 1 i' G' f" sra°ueTu%A.Al tF �' LOT. &35%x FI,ODm2CHE:X' '� *� � �' �i I suRv�voiu Nee°b"c nearo°nRo�oQd`"+u m .._.�:�.•.zr.=,.�,.w - �y{ ttlttjlL"`_--.--.^^.ttj"+" i LtCEN6E 1i0t67 I DAM JUNG 21.2011 TONAflDNSARE..1928ATM ENCEO TDNAVD06NA1 /� -"°ef' i; ::filti •diW b'rs;;, �/l � t is ��' ro; la'fe"`'"0�` ;.ao LOCATION MAP , 00 � �ay%a �. � ( ; t rte:-��� � Q• i Onh O� 1 ♦A ti A� I .�.�,�....,� � � � .•.� � oa► w DAM b K. • � ��' 1 � � � CCC -'�' �a K i S W pEp . rFA rano, 5 �� i 1003 N9. Na i y EMOUi IS.201 OVERALL PLAN �V�iBL I��`T �LAi� NA ; SPA j �OEC SLUMiBSWN. PRIVATE WELL COVENANTS '" DECLARATION OF COVENANTS AND RESTRICTIONS APR I b G THIS DECLARATION made by MAIA RUBIN AND JONATHAN BABKOW, thi 7LO,1h �� day of July,2020,residing at 2112 Broadway,Apt. ?C,New York,New York 10023, hdre�n___==_ � - referred to as the DECLARANT, as the owner of PREMISES described in Schedule "A"annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. The DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT)for a permit to construct, and/or approval of plans for a single family residence, a subdivision or development or other construction project on the PREMISES; and The PREMISES are to be served by an individual on-site private well and the test wells sampled for the PREMISES indicated a groundwater supply that had contamination in excess of the minimum drinking water standards and/or guidelines of the State of New York and has previously contained excess of the following: Chlorides; and A complete list of current analysis results is attached as'Schedule"C" and the County of Suffolk Department-of Health Services has agreed to issue a permit only if there be a record covenant that the'necessary water conditioning equipment be installed so as to meet the minimum drinking water standards and/or guideline of the Mate of New York. The DEPARTMENT recommends periodic comprehensive water analysis of the outside private well in order to monitor drinking water quality,,and DECLARANT agrees to install necessary water conditioning equipment to meet the minimum drinking water standards and/or guidelines of the State of 'New York. 2. The DECLARANT appeared before the Board of Review requesting a variance from the Private Water Standards and the Residential Construction Standards of the Suffolk County Sanitary Code to wit: ® The applicant proposes to utilize a shallow private well to serve a single-family dwelling that does not conform to standards in that the well has less than 10 feet of water above the top of the well screen. and the Board of Review of the County of Suffolk Department of Health Services granted a variance by letter dated August 26,2019, attached hereto as Schedule"D"_, and made a part hereof, provided a covenant is filed,the DECLARANT,its successors,heirs or assigns, agrees: a.) The DECLARANT,their heirs or successors and assigns forever, agrees that no structure including,but not limited to,residence and commercial,buildings upon the above PREMISES, will be occupied prior to the installation of the necessary water conditioning equipment to treat chlorides so that the water, when conditioned,meets the said minimum quality standards for drinking water of the State of New York and evidence of the same is furnished to the Suffolk County Department of Health Services for their written approval. C b.) The use of the onsite private well is prohibited for automatic irrigation purposes. c.) DECLARANT,its successors,heirs or assigns,further agrees to hold h ess,indemni and defend the County of Suffolk, its employees,officers,or agents harmless from any , claim for damages or injuries that may arise out of the installation or use,'of the subsurface sewage disposal system. APR 19 2021 3. The DECLARANT, its successors and/or assigns shall set forth these Jovenants, agreements and declarations in any and all leases to occupants,tenants and/or lessees o-fthe abb`ve -13 described PREMISES and shall,by their terms, subject same to the covenants and restrietibns contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and,restrictions. 4. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement,or at the time such laws,ordinances, and/or regulations may thereafter be revised,amended, orpromulgated. S. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be,incorporated herein and made a part hereof,,as:though fully set forth. 6. The aforementioned Restrictive Covenants shall be enforceable by the County of Suffolk, State of New York,by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or departments of the County of Suffolk, the DEPARTMENT or the.County of Suffolk, to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 7., These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, it successors and assigns, and upon all persons or entities claiming under them,and may be terminated, revoked or amended only with the written consent of the DEPARTMENT. 8. If any section, subsection,paragraph,clause,phrase or provision of these covenants and- restrictions shall,by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole,or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 10. Local Law#32-1980-The DECLARANT represents and warrants that he has not offered or given any gratuity to any official, employee, or agent of Suffolk County,New York State, or of any political party, with the purpose or intent of securing favorable treatment with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of Local Law#32-1980. Annexed hereto and made a part hereof as Schedule "B", is the consent of the holder of a mortgage, lien or judgment, of the PREMISES. a 9 NZI APR � L is Rubin-,, Jo athan Babkow STATE OP NEW YORK, COUNTY OF ss: On the lin day of January,in the year 2020,before me,the undersigned,a Notary Public in and for said State,personally appeared MAIA RUBIN AND JONATHAN BABKOW,personally known to me or proved to me on the basis of satisfactory evidence to the individual whose name is subscribed to the�within instrument and acknowledged to me that they executed the same,in their capacity and that by their signatures on the instrument,the individuals, or the person upon behalf of which the individuals acted,executed the instrument. re%c4rNDBoardoflievielvBabko1v2019 Notary Public jAMpj1*A Af ' �j SAMANTHA SHANEIL ELLIOTT CHARLEY Notary Publec_State of New ork » KW01EL6389601 J Qualified,n New York County My Commission Expires Apr 1,2023 e SCHEDULE "A" DESCPJPIt`ION OV PIkOPERTY APR 19 2021 i H.D.REF.N4: R10-18-0036; SCTM#: 1000-023.00-01.00-018.001 ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly side of Main Road(S.R. 25)-where same is intefsected by land now or formerly of Fried'with the Northerly side of Main Road; RUNNING THENCE Westerly along said Northerly side of Main Road on a curve to the left, having a radius of 2898.00 feet, a distance of 62.30 feet; THENCE along a 30 foot wide right of way the following two (2) courses: - _ --- -----.-L -Nor-th-61-degrees 28-minutes West-1-61.99-feet; 2. North 15 degrees 30 minutes 00 seconds West 211.74 feet; THENCE North 75 degrees 30 minutes 00 seconds West 29.96 feet to land now or formerly of Mendillo; THENCE along land now or formerly ofMendillo North 18 degrees 33 minutes 50 seconds East 231.62 feet more or'less to the Southwesterly side of Dam Pond; - THENCE along the Southwesterly side of Dam Pond, on a tie,line bearing South 61 degrees 31 minutes 00 seconds East 103.39 feet to the Westerly side of land now or formerly of Fried; THENCE along land now or formerly of Fried, South 15 degrees 30 minutes 00 seconds East 451.08 feet to the Northerly side of Main Road(S.R. 25) and the point or place of BEGINNING. 1 SCHEDULE"B" CONSti NT OF ►�ORTGXG-tEILIE-0 APR � 9 202 H.D.REF.NO.:R.IO-18-0036 NAME OF MORTGAGEE: JP MORGAN CHASE BANK Liber No.:21300 Page No.:475 In the matter of the application of MAIA RUBIN AND JONATHAN BABKOW,the undersigned,as holdcr of a mortgage or lien on PREMISES described in Schedule"A"annexed hereto,hereby consents to the annexed covenants and restrictions on said PREMISES JP MORGAN CHASE BANK By Name: m►H,a G -.5 �s P R STATE OF _ a ex i :ss,: COUNTY OF On the 3 Pi day of fry ron ve,4,y in the year 2020,before me,the undersigned,a Notary Public in and for said State, personally appeared m1,c.rt A C'L s;4/%A is--c-s ,personally known to me or proved.to me on the basis of satisfactory evidence to the individuaI whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity and that by his/her signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument,and,that such individual made such appearance before the,undersigned in the City of State of yq (insert city) Notary blic psNcsrrf ANNELCUNNINGNAM Notary Public-Arizona Maricopa county Commission R 549285 av,z' MY Comm.expires Jul 31,2022 To N OF SOUTHOLD PROPERT OWNER STREET j VILLAGE DIST. SUB. LOT ; ,0 YJ_h ORMER OWN�t o h N ACR. t t S 1CG / i'pS ya n 1i _ � ���� �y�.o 777' i � ✓ � L_�,4 if -D•�" 6Cr-,P— Inc- S W TYPE OF BUILDING O /7 1�! l./ �, 4+ / - • � lJ � • .� I1 L^4 /. RES. SEAS. N VL. FARM COMM. CB. MICS. Mkt. Value t LAND IMP. TOTAL DATE REMARKS nu _ o ion d-r) ��' i �� -�� � I.>7r�r�r ) cm� i I _ .���h I� tE 1 I7-9417.0 i --Su SA Fes, '}z.)Z) >on !l ' 7 22-©a 10,300 21 to 4f# 6 7/5Y-L 58 ' G Ae 4 z.�Q c'D l I S 0 `-172 3 6- 'nc XAJN ci 'DOD -�4c- 0,c c a� I C7C y1442i 1 Ort �?C,t-a i 4 S. ! 1yI37 . >��� G, �-7 03 -L- IZZ7/-• -TyQ 0rfls �kr)uJ r'� Zt LC•7V !v �l/��� !1 l.��l�rl �'� ' 711(o (X-6- 41qa: �-rsC�-r 3 - 'Tillable FRONTAGE ON WATER DQ bArn po"j►) 70 Woodland. FRONTAGE ON ROA© ' coo Nleadowlaid DEPTH 1143140 Hou" Play BULKHEAD _rota) 1I 1 I ' 1A V � S T i-- J6 r4i cbLok .......... Z NO A A% J 41 lk T. Flo 771 e-1 1Y ... ... .... Extension, 3 N� Extension Foundation ine 'Both Bosement Floors DA, 4F. t. Balis Interior Pin LR. D Breezeway Fire Place Heat D-R. G"r Type Roof Rooms 1st Floor BR. 1 7 B Recreation Room Rooms 2nd Floor Patio M JA CO IRec --------- Dormer Driveway O. B/, nc� .2 0 0 Tool 7 TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET VILLAGE DIST. SUB. LOT ' � , f� P i.t T""s; rM b' �j c..,, d:i ri'Ga�!3 f�5.'+r ���C 1�'ll n� /> "t✓(i�/(}' ✓` •� Y� ! `Li Y } '�/� t ' a (� ,a •� SJR.. ACR. W1— , JG1�frC:Y' i5' TYPE OF BUILDING VL. FARM COMM. CB MICS. Mkt. Value SEAS. IMR. TOTAL DATE REMARKSP�Q Lis �4p.f) ��t a+ee�d L�/XX rg df�•'a r 2,oD szaa L&q—L1U 9� 5 c-Ao z� — L f4-4,3 Foo 3Z, L _ --L 2.66 ,rs- UhfeZbje10,706,A1, FRONTAGE ON WATER �' Tiblable �V17oodInd FRONTAGE ON ROAD �.,Meadowland DEPTH I House Plot BULKHEAD ~� Tota I mmmmmmmm •s:.` AY r( :. ■■■■■■■■■■■■■■■■■■■■■■■■■MEMO OMEN OMEN ONEEMEMENEEME ONE mmmMM ONE MENNEN MEMO ME Mx' r N . ■■■EE■EE■ ■■■■■■■■■■■■■■■■ No ENE ■■E ■E■■EM■E■E■■E■MEEMEEMME■IMMOMMEMEMEMEMEMMEEMEWEENEU ■ ■■■E■■EEEE■EE■■■■EME■EEE■■NE■ M■■■■■■ME■■EM■E■ENlE�= �■L�1■■ EM■■■■■EEE■■■E■■■■■M®EFEW MENMMMEMO ■ ■■■■■■■■EM■E■E■■EM■EMEMEMO ■■E■ Ext. W US 'Interior Finish Fire Place ormer .. ; . 11 acs73 —A COLORTRIM 4 .. ........ t 1 E - M. Bldg. -Utension Exfe6sion Extension n r? Foundation 1Both 1?inette L Porch j Basement Floors K.' Porch Ext. Walls Interior Finish LR. ,Breeze,*ay i fire Place Heat Garage Type Roof Rooms 1st Floor 13R. Rra gg -2 PGtiO Recreation Room Rooms 2nd Floor FIN. B A O. B. i Dormer Priveway -A Total S A M U E L S & S T E E L M A N uefrrrJ +J April 20, 2021 ' ' Zoning Board of Appeals APR 19 2029 Town of Southold Town Hall Annex Building 54375 Main Road Southold, NY 11971 Re: Babkow— Rubin Tennis Court Fence 360 Private Road #8 East Marion, NY SCTM# 1000-21-1-18.1 Dear Board Members, As per the Notice of Disapproval from the Town of Southold Building Department, dated April 15, 2021, we are submitting Nine (9) sets of the following documents for an Area Variance: 1. Notice of Disapproval from the Town of Southold Building Department 2. Building Permit Application 3. Check for$250 4. Application to the ZBA 5. Project Description 6. Questionnaire Form 7. Current Building Permits— (no CO's) 8. Agricultural Data Form 9. Short Form Environmental 10. Authorization 11. Transactional Disclosure Forms - Owners and Agent 12. LWRP 13. Photos 14. Town Property Card 15. Covenants 16. Trustees Permit 17. Site Plan ARCHITECTS 25235 MAIN ROAD CUTCHOGUE,NEW YORK 11935 (631)734-6405 FAX(631)734-6407 i If we can provide any additional information or answer any questions, please do not hesitate to call. Sincerely, Sam Is and elman Architects j APR 19 2021 a e man, R.A. , Enclo res ELIZABETH A.NEVILLE,MMC y� Gy Town Hall,53095 Main Road TOWN CLERKo= P.O.Box 1179 - ti Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS • .F Fax(631)765-6145 MARRIAGE OFFICER y 0� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 26, 2021 RE: Zoning Appeal No. 7514 Transmitted herewith is Zoning Appeals No. 7514 Samuels & Steelman Architects for Maia Rubin & Jonathan Babkow: �Notice(s) of Disapproval The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire Correspondence- 1.0-41- r 23 A- `(JL012,1 _ Certificate(s) of Occupancy Building Permit(s) ,/Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, etc.) ,,,Misc. Paperwork- Cov - Copy of Deed(s) Findings, Deliberations and Determination Meeting(s) Agricultural Data Statement Short Environmental Assessment Form ,ZBoard of Zoning Appeals Application Authorization Action of the Board of Appeals Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) LVWRP Consistency Assessment Form __�/P otos operty Record Card(s) Maps- Survey/Site Plan Drawings Nn of Southold tj O Box 1179 l Southold, NY 11971 * * * RECEIPT * * * Date: 04/26/21 Receipt#: 279943 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7514 '$250 00 Total Paid: $25000 Notes: Maia Rubin &Jonathari Babkow(23-1-18.1) Payment Type Amount Paid By CK#18046 $25000 Samuels & Steelman, Architects Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Samuels & Steelman, Architects 25235-Main Road Cutchogue, NY 11935 Clerk ID: JENNIFER Internal ID 7514 r 625ee282-f7f8-4bec-928a-6c7c87.Of7ae4 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICESOUTHOLD TOWN ZONING BOARD OF APPEAL ' n at iO:00 AMPUBLIC HEARINGSThis PUBLIC HEARING will be held'virtually via thpioom online platform. Pursuant to Executive Order ,202.1 of New York Governor Andrew Cuomo in-person access by the public Will not be permitted.The public will have,,access to view,listen and make comment during the meeting.as it is happening via Zoom Webinar. Details about how to tune In and make comments during the meeting are on the,Town's website agenda for this meeting which may be-viewed at http-//www.southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webiinar meeting at http://www.southoldtbwnny.gov/calendar.aspx. 10,00 A.M.-HEATHER LANZA 500 Bequest for a"Varlance from Article Ill,Section 280-15;and the Building Inspector's March 19, 2021 Notice of Disapproval based on an application for a permit to reconstruct a duck addition to an existing single family dwelling;at;1)resulting in an,existingaccessory garage located in other than the code permitted rear yard;located at:2200 Yennecott Drive;Southold,NY.SGTM No.1000-55-4432.1.10:10 A:M.-WILLIAM R: AHM UTY AND JOELLEN AHMU7Y 49 -Request for Variances from Article XXIII,Sectlon280-124;and the Building Inspector's March 5,2021 Natice-of Disapproval based on an application for a permit to construct a deck addition to a single family dwelling;at 1)located less than'the code required minimum side yard setback of 10 feet;2)located less than the code required mirile'num combined side yard of 25 feet;3)more"than the code permitted maximum lot coverage of 20%;located at:3405 Bay Shore,Road,Greenport,NY.SCTM No.,1000-53-& 10:`113:20 A.M.-PETROS AND`PENNY TSEKOURAS 42isapptoval Request for a Variance from Article lll,.5ection'280-15; an&the Building inspector's-March 15,2021 Notice based on an application for a permit to construct an accessory in-ground swimming pool;at1)located in otherthan the code permitted rear yard; located at:1852 North Bayview Road,(Adj.to Goose Creek)Southold,NY,SCTM No.-1000-70-12-39.4.10!30 A.M.—R L WEATHERVANE ENTERPRISE,LLC 496-Request forVar'rances from Article Iii,Section 280-14;and the:Building Inspector's March 7,2021 Notic4h Disapproval ba"sed,on an application for a permit for a lot line change;at 1)Lot 1 measuring less-the minimum code required lot site of 120,000 sq,ft.;2)Lot 2 measuring less than the minimum code required lot size of.120,066 sq.ft.;3)Lot i measuring,less than the code required minimum lot width of 200 feet;located at;Off East End Road,Fishers Island,W.SCTM No:1000-2-1-8.1 and 1000-2-1-8;2,10:40A.M,-CLAUDIA KING RAMON 7.497 Request,for Variances.from Article XX11I,,Section 280- 124;and the Building Inspector's February 24,202 i tike of Dlsappro`val based on an application,for a permit to construct additions and alterations to an existing single family dwelling;at 1)located less than the code required rear yard setback,of 35 feet;2)more than the code permitted maximum lot coverage of 20%;located at:130 Village Lane,Orient,NY.SCTM No.1000-18-5.6,10:50 A.M.-CECILIA OTT AND ENDRE MESZAROS- 510 Request for Variances from Article Ili,Section 280-15;and the Building Inspector's April 6,2021 Notice of Disapproval based on an application for a permit to legalize an as built shed and an as built hot tub;at;1)shed is located In other than the code permitted rear yard;2)hot tub is located in other than the code permitted rear yardJocated at:1225 Arrowhead Lane,-Peconic,NY.SCTM No.1000-98-3-8.11:00 A.M.-DAVID RC3HDE 750 Request for a Variance from Article 111,Section 280-15;and the Building inspector's February 22,2021 Notice of Disapproval based on an application for a permit to install an.accessory generator,at;1),located in other than the code permitted rear yard;located at:1615 Anchor Lane,(Adj,to Shelter Island Sound)Southold NY.SCTM No.1000-79-4-6.1.1:00 P.M.-PETER TORKELSEN P# SO .Request for a Variance from Article XXIII,Section 280- 124;and the Building Inspector's March 25,"2021 Notice of Disapproval based on an application for a permit to legalize an"as-built"deck addition to an existing single family dwelling;at 1)located less than the code required rear yard setback of 35 feet;located at:800 mer Lane,Southold,NY,SCTM No.1000-78-9-18.1.:10 P.M.— JONATHAN BABKOW AND MAIA RUBIN6 equest for a Variance from Article XXIII,Section 280-105;and the Building Inspector's April 15,2021 Notice of Disapproval based on an application for a permit to.construct an eight(8)feet fence surrounding a tennis court in the front yard;,at;1)more than the code required maximum four(4)feet in height when located in the front yard;located at:360 Private Road#8,(Adj.to Dam Pond)East SOUTHOLD TOWNBD OF`APPLS 364 625ee202-f7.f8-4bcc-928a-6c7c870f7ae4 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk rimes Marion,NY.SCTM No.100Q 23-148,11:20 P.M.—MARCEL AND SHELLEY DZAMA di Request for Variances from,Article II1,5ection 280-15;and the Building j, spector's April 19,2021'Notice of Disapproval based on an application-for a permit to,construct an accessory in-ground swimming pool and to legalize an existingaccessory greenhouse;at;1)pool is located.in•other than;the,code permitted rear yard;2)greenhouse is located in other than the code permitted rear yard,located at:1620 Koke Drive(Adj.to Dam Pond).Southold;,NY.SCTM No. 100Q-87-5-19.3.1:30�P,M.-VINCENT BERTAULT(7.46 (Adjourned from April 1,2621)Request for Variances from Article'Ill',Section 280-15;Article XXIII,Section 280-124;and the Building Inspector's October 22,Notice of Disapproval based on an application for a p&mft.to construct additions and alterations to an existing=single family:dwelling,and construct an'n ground'swimming pool;at 1)`proposed additions located less thari the code, required minimum front yard setback of 35 feet,2)thezcce'ssory swimming pool is located in other than the code permitted rear yard;located at:95 Navy,Street,Orient,NY.SCTM No.1000-26-1-12.2.1:40 P.M.-VINCENT BERTAULT 4685 (Adjourned"from April 1,2021)Applicant requestsa Special Exception under Article Ill, Section 28 . (13). TheApplicant'is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure;at:95 Navy Street;,Orient,NY.SCTM#i1000-2$-1- 12.2 The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing, and/or desiting to submit written statemehts before the conclusion of each hearing. Each hearing will not start earlier than designatod,above. Ffles ore.OvOable for review on The Town's Weblink/Laserfiche under Zoning Board of'Appeals aBA)\Board Actions\Pending. Click Link; hftp:/124.,3&28.22,8,7046/WRblink/BroWse,aspzc?dbid=0.';Contact odr office at(63�1)765-1809,or�by email: kimfC sbutholdtovuhrJy,Bova#fed: :May 20,2D 1ZONIN BOAkb OF APPEALS,LESLIE ONES WEISMAN, CHAIRPERSONBY:Kim;E.Fuen%tS4375 Main Road(Office Location),P.Q.Box 7179;Southold,NY 1;1971-0059 SOUTHOLD TOWN BD OF APPLE 365 r1 625ee202-f7f8-4bcc-928a-6c7c870f7ae4 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of Ne*—York, County of Suffolk, The undersigned is the authorized designee of Andreae Olsen,the publisher of The Suffolk"Times,a Weekly Newspaper published in Suffolk County,New York. I certify that the public,notice,a printed copy of which is attached hereto,was printed and published in-this newspaper on the following dates,. May 27,2021 This newspaper has been designated by the County Clerk of Suffolk County,,as a newspaper of record in this county,and.as such,is eligible to publish such notices. Signature, Eliot T.Putnam Printed Name JUN 2 L 2021 Subscribed and sworn to before me, --" — —_ This 04 dayoflune 2021 otarysignatu ```;s�wir�l►er+rei,��� , �,•`��4®�.•' •STATE '�'e'er OF NEW YORK '. • z ' NOTARl PUBLIC: N - : AL 6ANY5Z Z +y o Notary Public Stamp : n�', 0IRE6398311 •• SOMHOLD TONIN'BD OF APPLS 363 BOARD MEMBERS ®��®f S® Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. ®�� 54375 Main Road(at Youngs Avenue) Nicholas Planamento C®u ,� Southold,NY 11971 hap:Hsoutholdtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 9 Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 3, 2021 PUBLIC HEARING Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the JUNE 3, 2021 Zoning Board of Appeals meeting will be held via video conferencing, and a transcript will be provided at a later date. The public will have access to view, listen and make comment during the meeting as it is happening via Zoom. Details about how to tune in and make comments during the meeting are on the Town's website agenda for this meeting which may be viewed at http://www.southoldtownny.govlagendacenter. Additionally, there will be a link to the Webinar Zoom meeting at http://www.southoldtownny.qov/calendar.aspx. If you do not have access to a computer or smartphone, there is an option to listen in via telephone. 1:10 P.M. — JONATHAN BABKOW AND MAIA RUBIN #7514 - Request for a Variance from Article XXIII, Section 280-1105; and the Building Inspector's April 15, 2021 Notice of Disapproval based on an application for a permit to construct an eight (8) feet fence surrounding a tennis court in the front yard; at; 1) more than the code required maximum four(4) feet in height when located in the front yard; located at: 360 Private Road #8, (Adj. to Dam Pond) East Marion, NY. SCTM No. 1000-23-1-18.1. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http•//24 38 28 228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631) 765-1809, or by email: kimf@southoldtownny.gov. Dated: May 20, 2021 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 { r h`� Town Hall Annex, 54375 NYS Route 25 -y P.O. Box 1179 Southold, New York 11971-0959 Fax(631) 765-9064 ZONING BOARD OF APPEALS q-\ DATE: May 3, 2021 RE: INSTRUCTIONS FOR PUBLIC HEARING The following policies are required by New York State Law Dear Applicant; Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the June 3, 2021 Zoning Board of Appeals Regular Meeting will be held via video conferencing (Zoom Webinar), and,a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. 4Y�i . "'is.� -�'='�s` '�" a��""�-'�'�"�'-,g`��� "P_».,n�"'`'�"'s:-•.,,.�"`-. ice^'.E�r- '�„h'. � c��c:,r�,—<._ lova e ; 10 t ti�a e ice ete e i d rn t ru e`<`uire , 04'# repfie -.�k: I 1. Yellow sign to post on your property a minimum of seven (7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than May 26, 2021. To avoid weather damage to your sign please affix it to a sturdy surface such as Plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law, your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of video conference meeting. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office by May 27, 2021, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. Instructions for ZBA PubL -caring Page 2 Please send by USPS Certified 1VIai1 `ltetu`rri`Receipt the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by May 17, 2021. a. Legal Notice informing interested parties of meeting being conducted via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff, they may telephone 631-765-1809 or email us at kimf@southoldtownny.gov or elizabeth.sakarellos@town.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also, the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls>2010-2019 > 2019 http://24.38.28.228:2040/weblink/0/doc/1022250/Pa eg l aspx. ,- :h= - �IlVI�OIZT�IVT�'II�TSTR�JC�'=10N�.,,{ Utz S� Mrkw - r,J� .<.�.. � �;'�.»i .,. i :; u,, _ea �d'x��-sand recei+ ts��R.��'�reen.,�s .ria u�.��`�, �.-_s.=,� : p., ��,;.�� �.� - u ^� _ aff davits rto:xkiirf s,oul'o*`dtwnriy . n ;- k()4Y> YL' Ia, S<< IL,: _ k+s£,^ ,,&;,=n ">4':.:6/ ih.�':r'-'S".""'"tiF;rS.'•d. ,S< r'h"i!i, -lw..Fy lin i.i»^{ �t.., : .' .�s..< '��*:i!t.*.i' ,"!(St•••3v4riJ';%''f .tt,' ,12IG ' Ns vr ..� Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. 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Revised 6/15/-2020 NU TIi,. E � F HEARl 'i4G The following application will be heard by the Southold Town Board of Appeals VIA ZOOM WEBINAR - REFER TO ZBA NEBSITE FOR AGENDA on http .m southoldtowinny. gov NAME : RUBIN , MAIA # 7514 SCTM # N0 1000-23- 1 - 1 8 . 1 1ARIANCE : g FOOT HIGH FENCE REQUESTE TENNIS COURT FENCE DATE : THURSDAY, JUNE 312021 1 : 1 0 PM You may review the file(s) on the town 's website under Town Records/Weblink : ZBA/ Board Actions/ Pending . ZBA Office telephone (631 ) 765-1 809 xi TOWN OF SOUTHOLD ZONING BOARD OF APPEALS - Appeal No. SOUTHOLD,NEW YORK AFFIDAVIT, (In OF In the Matter of the Application of MAILINGS �,1 (Name of A�p]Plicant/Ownear) ,,QQ ... _�._..�;�'-, _ •, .. T•�rf VGurl,. • � : ;5��'11�.No:.l:00Q- _. �`,���.`-.-.� - -r� O':� ._. -. .,T•! _ r S' (Address of Property)" (Section;"Block&L•ot). COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, Agent residing at 5f.MNas V-knrr eAj.*eTS Zf SKj New rk, being duly sworn, deposes and says that: On the It day of AV r ,20 Zt,I personally niailedlat the United,- States Past--Offfiae.in C.tl Mhy 4�_ ;New Yorlt,_by.CBI TIF`I-'])'MAIL, - RETURN RECEIPT REQUES'T'ED,a true`copy-of the attached Lggal Nice;in Prepaid`envelopes addressed to current property owners shown can the current as loll Verified ftom.-the official records on file with.the( ssessors, nr( •).County Real Property Office,for every property which abuts and is across a public or private,street, or vehicular right-of-way of record, surrounding the ap icant's pr erty. (Signature) Sworn to before me this LAUREN M.MCKISSICK- _v // day of A0 20Z t Notary Public,State of Nev�Yot1 ''' ;•r%R " °F"} No.01MC6342308-•". Qualified�in Suffolk Countyi" Commission Expires Mag 23�2l? � (Notary Public) PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next tri the owner-names-and-addresses-for-whic"otices-`-,were-mailed- All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. TOWN OF SOUTHOLh, ZONING-BOARD OF APPEALS SOUTHOLD NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING �� SCTM No..1 000-- 0 - (Name of Applicants) {Section, Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I; yL K residing at Shv1NQlS .S¢E�t rl�N, OZ Chi e7 ZSZS�hii;�fid, CWr.A161fe,New York, being duly sworn, depose and say that: I am the ( ) Owner or (►Agent for owner of the subject property On the ' ' day of—Aa— , 2041 , I,personally placed the Town's Official Poster on subject property 1'dcated ate , /000 - z7? indicating the date of hearing and nature of application noted thereon, securely upon subject property, located ten(10) feet or closer from the street or right-of-Way(driveway entrance)facing the street or facing each street or right-of-way entrance,* and that; I hereby confirm that the Poster has remained in place for seven(7)days prior to the date of the subject heari date,w 'ch hearing date was shown to be Tome 3 , LAUREN M.MCKISSICK Notary Public,State of NewYA No.01 MC6342308 Qualified in Suffolk County (Owner/ en Signature) Commission Expires May 23. 024 Sworn to before me this Day of_ A44 . 3207-/ otary u is * near the entrance or driveway entrance of property, as the area most visible to passerby U 4M 00"Stal servilde- GERTIFIED MAILPRE.CEIRT Q rq Domestic Mail Only � . I I =r i co • Ea L U 8 E Certified mail Fee ; STI 11?35 M Certified Mail Fee • $ C3 Extra Services&Fees(checkboxadd feevffp?re) �17 El RetI Receipt(hardcopy) $ Er $ PS -I<e —��J.. Extra Services&Fees(check box,add fee vin"le, E1Retu=1pt(.J.�ctrorilq) $ ❑Return Receipt(hardcopy) $ Postn# r E]Return Receipt(electronic) $ Postmark Elcertiff ed Mail Restricted Delivery ___so00 II Ht _3 E-3 []Adult Signature Required $ :r 14.00 0 F1 Certified Mail Restricted Delivery $ al no qe e , E-3 []Adult Signature Required Q Q E]Adult Signature Restricted Delivery s— []Adult Signature Restricted Delivery$ Postage E3 Postage $1.15 Total Postage and F ---7 , - $ rp $ 05/11 -,rl i C3 Total Postage and W160 $ 60 $ Sent To ae an ar era U-) Sent To Gary and Laura Stanzoni ----------------0---------------- rq --------------- C3 -------------- Opff ------------------------ -------------r---------------- Ir Id I ru = — 0 CO q M Or H �c co • EQVM f1V V CO L U �.j co hD U S M �vrfifiecl Mail Fee h L E3 M Certified Mail Fee Er $ 1 - :,$3.60 Extra Service C3 $ 1 1 1 ees(check box,add fee 13 Er $? izc� Return Receipt(hardcopy) $ Extra—services&Fees(check box,add fee vnzll sle) r3 Return Receipt(electronic) $ 0 Return Receipt(hardcopy) $ f . .fi r ❑Certified Mail R $ Postmar,01- IC El Return Receipt(elect 10) $ $171 3 estricted Delivery $ $0- re 1-3 0 Certified Mail Restrictreed"Delivery $ St [-3 Adult Signature Required MOO C-3 $0-00 Here ❑Adult Signature Restricted Delivery$ C-3 E]Aduft Signature Required $ 40.00 LJ Postage []Adult Signature Delivery$ -I- e- E3 Postage $ $1.15 C3 Total Postageand Fj�7 5 - .61) Total POstagii-and Fjjp- C3 Ln s-I , Paul Z andj-UUlUl r1leu $ Lnr-R s "T Gary an-U! taufa Starizo-ru r3ji 554CUMOZ.-S-trIF-ret----------------------------------------- , C3 ------------------------ ---------------- C......... .. pokly-n;-N-Y---112GI-------------------------------------- ity,.State, V. ----1+939-------------------------------- M. 2 M" C0ra Eas VC1 13 -,Ne I ro • V -0 r -111 UerEltlec Mail Fee M (;art,,,..Mail rev $ 7F, C3 $ C3 -�943- Er Ir Extra Services&Fees(check box,add fee 7 Extra Services&Fees icheckbox, 44(fPT"t-) V- ad ❑Return Receipt(hardcopy) $ Q1,- = Ej Return Receipt(hardoopy) $ fee I E3 ❑Return Receipt(electronic) I s., 10.17111 0 %5% j-3 []Return Receipt(electronic) Postmnar $ If fill 'AOStmark Certified Mail RWrlcted Delivery $ os C:3 1:3 [1 Certified Mail Restricted Delivery $ $0-r1l) ZX 0 ED E]AdultSign He e r3 ❑ Adult Signature Required $ Here Signature Required $ $174.14A U M3 11 , ❑Adult Signature Restricted Delivery E]Adult Signature Restricted Delivery$ $_ �- r L-i Postage - — — '( 'A C3 Postage = $ 1 $IA5 Cl) $ -a Total Postage and FjT. Total Postage and FR C15/11/2-21 E-3 E3 j Sent To %-Idly WIG La`U--r-a—STa—nZOni Ln Sent To reasurel an ove, �dtLL ii ,3 tT17-1 C3 --------------------------------------- E:1 ----i5iBiEVW@F ---Apf.--9-c---------------------------------- ------------------ =--------- -iYsive;:2Ww-Y-ark,-N-Y---i©0.13------------------------------------ COMPLETEDELIVERY ■ Complete items 1,2,and 3. A. Signature ❑Agent - ■ Print your name and address on the reverse X Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. ceived by (Printed Name) 0. Del- ery S or on the front if space permits. — �3 ! 1.-Article Addressed-to:— D. Is delivery address different from item 1? Y If YES,enter delivery address below: ❑ o Treasure Island Cove, LLC 66 Leonard St.,Apt. 9C New York, NY 10013 �' II I II II I I II II III III I I II I II I I I I I I I III I I I I I I 3. Service Type ❑Priority Mail Express@ ❑Adult Signature 11 Registered MailaIlTm ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted f 40 Certified Mail® Delivery 9590 9402 6351 0296 2738 99 ❑Certified Mail Restricted Delivery ❑Signature ConflrmationTm ❑Collect on Delivery ❑Signature Confirmation 2. ArticleNumber(rfansfer,from service label) ❑Collect on Deliverystricted Delivery Restricted Delivery Re n ❑Insuied Mall; 701-5-06400004 '903.8 8364'] ❑Insured Mad Restricted Delivery (over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt BABKOW RUBIN RESIDENCE 1000-23-1-18.1 ZBA: HEARING: June 3, 2021 TENNIS COURT FENCE 23.-1-2.9 Treasure Island Cove LLC 66 Leonard St Apt 9C New York, NY 10013 23.-1-3.1 Stanzoni Gary Stanzoni Laura 345 Private Rd#8 East Marion, NY 11939 23.-1-3.2 Mendillo Michael Mendillo Barbara PO Box 385 East Marion, NY 11939 23.-1-3.3 Stanzoni Gary Stanzoni Laura 345 Private Rd#8 East Marion, NY 11939 ` 23.-1-4 Fried Paul Z Fried Judith 172 Clinton St Brooklyn, NY 11201 23.-1-15 Stanzoni Gary Stanzoni Laura 345 Private Rd#8 East Marion, NY 11939 2 » . � iron _« < e . . . . . . BOARD MEMBERS ®� soar Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road o P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Q Town Annex/First Floor, Robert Lehnert,Jr. '�c® � �® 54375 Main Road(at Youngs Avenue) Nicholas Planamento c®UNTY Southold,NY 11971 http://southoldtownny.gov cu ZONING BOARD OF APPEALS TOWN OF SOUTHOLD I I� April 21, 2021 Tel.(631)765-1809•Fax(631)765-9064 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box.6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following, application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #: 7514 Owner/Applicant: Rubin, Maia & Babkow, Jonathan Action Requested: construct an 8' tennis court fence in the front yard Within 500 feet of: (X) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any-Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any-.other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman Z Q a�irlperson Y Encls. Survey/Site Plan: Samuels & Steelman Architects dated June 15, 2020 1 BOARD MEMBERS ��OF S�UTyO Southold Town Hall Leslie Kanes Weisman,Chairperson �� l0 53095 Main Road•P.O.Box 1179 t [ Southold,NY 11971-0959 Patricia Acampora CIO -Ila Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento yCOU NTY+ Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS E IV TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 APR �"202 Southol Town April 21, 2021 Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #7514 Rubin, Maia&Babkow, Jonathan Dear Mark: We have received an application to construct an 8 foot tennis court fence in the front yard. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map,project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairp rson By: Encl. Survey/Site plan: Samuels & Steelman Architects dated June 15, 2020 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson of so 53095 Main Road•P.O.Box 1179 Dantes Southold,NY 11971-0959 Patricia ra Office Location: Eric antes Town Annex/First Floor, Robert Lehnert,Jr. �pQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento ou Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 June 22, 2021 Nancy Steelman, R.A. 25235 Main Road Cutchogue,NY 11935 Re: ZBA Application#7514 Rubin, 360 Private Road#8, East Marion SCTM No. 1000-22-1-18.1 Dear Ms. Steelman; Transmitted for your records is a copy of the Board's June 17, 2021 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary., Please be sure to submit an application along with a,copy of the attached determination,to the Building Department. If you have any questions,please don't hesitate to contact our office. Sincerely, Killm . Fuentes Board Assistant Encl. cc: Building Department J Revisions 04-01-97 12-24-97 01-17-02 g 02-01-02 06-06-02 N 360,182 w 10-23-09 03-04-10 06-17-10 12-07-12 01-29-14 10-09-14 10-07-15 10-24-18 R�41 n , nu o, �J 1 T-4kows O6 6 otAG r l3P .� / 'P � y 1p o SAB• Al e '� (� �✓r � /-��O tib '�o`°P q �� _ 5G� \iS21 tib \�D �� i a1mo 11�yp\ 113 1 \ 1gP x A 29PIc � / 32 ?lcl 1 28 9 m ro / 2.3A 20Aao,o, n c 633 181 / 18A it 210 j t r /ZI FOR PCL NO � SEE SEC NO / J 022-03-0241 'i N 358,382 L P"renr.rML.re seoa�aNe Lm Ne I: oma tn,a -----_ smea asracee --sen-- Nro.am Doled�� --N-- uness DRAvm omeRwse a.LPROPe res ARE NATHINTHE FOLLONNG pSiNICiS (21) G oenbesaare. —�— s,�",..e Bme s �LNe 2 Pae DdeN Dec --.-- Reluee nan L.e --R-- swoDL 2 sEvrER_ Suetlx.an Lol Lue ------' 0.yM Dimenawn� Wier D.Ind One —W-- H.Ioriol D.bul ane --IbT-- FlAE 26 MVORANT E amrsnwe ^••- ---• xacaa e.Ae a• G'°"nL"' LyNDw — --L-- --D.ne Gee--A-- uenr aD at 1wreR_ N 5're PARK REFUSE_ D 27 Area 121 A(tl)or 121A U"O --- PaM ayrn Lwe --P-- berralc D,sinnteM--wry-- AfaeuuN xwsiew. 121 A(c) aao.line ---- —— ——