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Q l IC.Lt 1 Lc ka-vaC. 74 , q'lo4O aloe H-otpi--,-xw 61U fs Pearn i c 35.5a -A kw 6tt , 9 Ill-WA cticte- � ; sb&ck- CC- 30.S- spe. s Ioca»kd- f -Fk scde �vct,"t Ar+ v 9� 180,--11 , -lid'`I II s-eca- -�, ivtl� g�S/�1 vJ 6iviE d Gf!/EN .C. LTi oy ??4,4' �o �5e 0L o 4, LPF _ r IMM 10, n 3 I I I i Owner: Kalish, Richard Address: File #: 7505 4660 Blue Horizon Bluffs Code: 17NP C/i Agent Info Patricia C. Moore 51020 Main Rd Southold, NY 11,971 I Phone: Fax: 631-765-4643 Email: Pcmoore@mooreattys.com � o 24 I I � l BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �`�®� ®���® 53095 Main Road• P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®l�C®U � Southold,NY 11971 RECEIVED http://southoldtownny.gov p ZONING BOARD OF APPEALS �( AUG 4 0 201 TOWN OF SOUTHOLD /� 21 Tel.(631)765-1809•Fax (631)765-9064 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 5, 2021 ZBA FILE: #7505 NAME OF APPLICANT: Richard Kalich PROPERTY LOCATION: 4660 Blue Horizon's Bluff, (Adj.to Long Island Sound),Peconic NY SCTM: #1000-74-1-35.52 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 May 21, 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 pursuant to §268-3. Definitions, MINOR ACTIONS item "F". PROPERTY FACTS/DESCRIPTION: The subject 62,472 square feet, 1.43 acre, split-zoned (Resort Residential and Residential 40) waterfront parcel that measures 49.67 feet along a right of way known as Blue Horizon Bluffs Road then runs north 712.17 feet and continues northeast 160.00 feet, along a residentially developed lot to the east, terminating at the Long Island Sound,then runs west 108.34 feet in the Long Island Sound before returning southwest 140.00 feet and continuing 804.00 feet, along a residentially developed lot to the west,back to the right of way. The parcel is undeveloped,however, contains an earth and stone driveway,gravel parking area, electric meter an electric transformer and box as illustrated on the survey prepared by Jeffrey W. Harder, last revised October 27, 2020. BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15; Article IV, Section 280-18; and the Building Inspector's March 8, 2021 Notice of Disapproval based on an application for a permit to construct a single family dwelling and an accessory spa; at; 1) dwelling is located less than the code required minimum combined side yard of 35 feet;2)accessory spa is located in other than the code permitted rear yard; located at:4660 Blue Horizon Bluffs, (Adj.to Long Island Sound)Peconic,NY. SCTM No. 1000-74-1-35.52 RELIEF REQUESTED: The applicant requests variances to construct a new,waterfront,single-family,2-story 6,872 square foot residence with a combined side yard setback of 30.5 feet where the R40 Zoning Code requires such Page 2,August 5,2021 #7505,Kalich SCTM No. 1000-74-1-35.52 improvements to have a minimum combined side yard setback of 35 feet and to place an accessory hot tub spa in the side yard "courtyard"where the R40 Zoning Code requires such improvements to be located in the rear yard, or on waterfront properties in a conforming front yard. ADDITIONAL INFORMATION: HISTORY AND CURRENT CONDITION OF THE SUBJECT PARCEL: The applicant purchased the subject waterfront parcel in 2020. Prior to the applicant's acquisition the property was developed with a small, seasonal cottage, built in the early 201h Century as part of a seasonal cottage rental community in which the lots in the subdivision were split zoned as RR along the bluff area and R80. The previous owner of the subject parcel received a demolition permit to remove his seasonal cottage in 2017. Previous to issuance of the demolition permit,the Zoning Board of Appeals, under decision#4225 dated May 6, 1994, denied relief to relocate the modest seasonal cottage 35 feet from the top of the bluff, but allowed the owner/applicants to temporarily maintain the cottage, for up to five years, at 35 feet from the top of the bluff, as shown on the May 24, 1993 survey. This approval was granted subject to the reapplication and reconsideration by the Zoning Board of Appeals of the status and condition of the bluff and the actual bluff line in existence in May 1999. Pursuant to ZBA decision#4225,the owner/applicant: • Can not disturb the land area within 100 feet of the top of the bluff. • Both side yards must remain open and unobstructed at all times for access by emergency and/or fire vehicles. • When the subject building is rebuilt or replaced, it must be set back 100 feet(or more) from the top of the bluff. Conditions contained in ZBA decision#4225 remain relevant today, due to the severely unstable bluff condition per the applicant's testimony, and the testimony, photographs, and written submissions received from several neighboring property owners who voiced opposition to this application both in writing and in oral testimony during and after the public hearing.Concerns included objections to the scale and size of the applicants' proposed residence, which neighbors stated is not in keeping with the character of the other modest homes and summer cabins in the Blue Horizons Bluff community,and that the stabilization of the bluff on the subject property is essential to the protection of both the subject property and the other properties also along the bluffs on the LI Sound in their subdivision. The applicant stated that at a later date they would seek the required approvals from the Department of Environmental Conservation to armor the bluff base and construct stairs from the crest of the bluff to the beach below. The hearing was adjourned to the July 15, 2021 Special Meeting at which time the subject hearing was closed. SUMMARY OF THE PROPOSED CONSTRUCTION: The applicant proposes to construct and improve the lot with approximately 6,872 square feet of living and accessory space, including a two-story residence approximately 38 feet wide by 122 feet long with porches and a sunroom, multiple decks and an at grade waterside terrace, a courtyard containing a spa/hot tub in a non-conforming side yard, a pool measuring 10 feet by 75 feet, a cabana measuring 10 feet by 10 feet,a garage measuring 15 feet by 72 feet,a driveway and parking areas all in a conforming front yard, The subject property is accessed via a narrow, unimproved Right Of Way, across an agricultural property to the south, approximately 4300 feet in length to Middle(North)Road aka CR48. Prior to the public hearing, a revised site plan and revised first floor plan, both illustrating a relocated spa/hot tub, was received by the Zoning Board of Appeals on June 25, 2021. The revised plans maintain the spa/hot tub in the side yard, set closer to the side of the house and farther from the side yard lot line then originally proposed, increases the size of the proposed cabana to 17 feet by 20 feet, and breaks the originally proposed garage into two attached sections, one 17 feet by 64 feet for boat storage and the other 24 feet long for a one car garage. On July 2, 2021 the applicant's agent submitted the following four (4) prior Board decisions to support their application: Page 3,August 5,2021 #7505,Kalich SCTM No. 1000-74-1-35.52 #4225 dated May 4, 1994, Offering temporary placement of an existing seasonal cottage 35 feet from top of bluff. 45216 dated January 9, 2003, granting alternative relief to relocate an accessory structure 28 feet from a bulkhead. #5256 dated May 6, 2003, granting alternative relief to relocate a seasonal cottage 36 feet from the top of bluff. #6978 dated September 16,2016,Denying relief for the construction of a residence within the 100 feet bluff setback. The prior decisions submitted are not for relief that is the same or similar to what the applicant requests and are consequently irrelevant to the subject application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 1,2021 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 variances will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The lots in the Blue Horizons Bluff neighborhood are all extremely long and narrow and were created to permit the construction of seasonal summer cottages that were built early in the 201 Century, several of which have been renovated or relocated. All lots are accessed via a Right Of Way well over 4,000 feet from the nearest paved road. It is not common to find new construction in this area that doesn't conform to the current code relative to combined side yard setbacks. Furthermore,it is not common to have a spa/hot tub located in a side yard. The redevelopment of a vacant property in this community can conform to the Town Code and include a residence with appropriate setbacks for a new dwelling that is more in keeping with the size of other homes in the subdivision; and the installation of a spa/hot tub can be located in a conforming rear or front yard on this waterfront property 2. Town Law X267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant can build a primary residence that respects the side yard setbacks as established by the Town Code. Moreover, it is presumed that the applicant/owner understands the findings of ZBA decision 44225, (1994) including: "Both side yards must remain open and unobstructed at all times for access by emergency and /or fire vehicles" (see Additional Information: History of the Subject Parcel above). 3. Town Law X267-b(3)(b)(3). The variances requested herein are mathematically substantial, representing 100% relief from the code for the placement of a spa/hot tub in a side yard and 12.8% relief from the code for reduced combined side yard setback. 4. Town Law X267-b(3)(b)(4).Evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Photographs submitted by a neighbor taken in June 2021 of the bluff on the subject property showed substantial erosion all along the bluff face with little to no vegetation in place, in contrast with the bluffs on adjacent properties that are well vegetated and protected with bulkheading and/or rock revetment. Personal inspection by the members of the Board of Appeals confirmed this condition. Testimony and written correspondence were received from numerous neighbors in the subject subdivision stating that bluff instability on the subject property can and will adversely impact the bluffs on adjacent properties, unless the bluff on the subject property is stabilized. Additionally, written comments from longtime residents of the area stated that since the 1994 ZBA decision, the bluff has eroded between 15 to 25 feet, with an average of one foot per year.Neighbor's also voiced concerns about the typically very long process involved in obtaining DEC approval to stabilize the subject bluff, stating that during that time, more erosion was certain to occur which could then locate the dwelling, under construction or already built, at less than the code required minimum 100-foot setback from the top of the bluff.In addition,neighbor's stated that the construction of a dwelling Page 4,August 5,2021 #7505,Kahch SCTM No. 1000-74-1-35.52 the size of the applicant's proposed residence will adversely affect both the environmental conditions and the physical character of the neighborhood which consists of more modest,homes. 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6.Town Law§267-b. Grant of the requested relief is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new single-family residence and spa/hot tub while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Weisman(Chairperson), seconded by Member Planamento, and duly carried,to DENY the variances as applied for. Vote of the Board: Ayes:Members Weisman(Chairperson),Acampora, Dantes, Lehnert, and Planamento(5-0). C Leslie Kanes Weisman, Chairperson Approved for filing Y"/ � /2021 r SURVEY ®F EASEMENT WCAORSEWDENTCE �® UNRUCORDEDA COROTGU UNRECTURORRORDED ARANTEED �� T/MEO SSUURRVVEYYY�O@ITAT THE O� LOT 2 HERE SE7(OROIMENSIONS)SHOWN HEREONFRGM THE4EISIO WI TOTHE PRO TYUNESAREFORASPEOFI IVIAP OF ARE PURNOT�NIINOEDTOOG NlOETFIE�C it ERECOON OFFENCES.RETAINING WMI AREI a o?" eeAND ANYAO FONSTO-CONSGScVjBLUE HORIZONS OROREDNWTERAVOHORAO nON tAG a� TOMS SURVEYISAVIOL UONOF ` / II S'T UA�E A T _PM FN90FTNENEWYORKSTATE too ` THECAlOF SURVEYORS �EMBOSSEOSEALSHALL N�BECONwoEREO O ' ' PECONIC MBA VWDTINKEDSEAL OR TO BEA VALID TITIECOPY / ��� / �� ONLY TO AIDNS/NCICATED HERON SNAILREN �µic .• 0, S(p,�. �� TOWN OF SOUTHOLD ISPREPTHEPERSON(SIFORWHOMTHESURVEY lS PREPAREDAND ONH S BEHALF 70 THE TOT NGWTNEE3O�ELEN7ERE NAL AND 2 o,,�P�" GfOA SION i i� SUFFOLK COUNTY, NEW YORK YAND TV ON MT/FCAO70NS AREN�RANSFERABLE ,�° M�'N�/ 7�pO f`P AQR���—/ roAs osu/NsnrunoNs°RsuesEauEN7 f`G ��� S.C.T.M. DIST. 1000 SEC. 74 BLK. 01 LOT 35.52 4, /0000 _ 30 15 0 SCALE. "=60 0 90 120 150 DATE MARCH 19, 2018 270 o % Ole •DOS ,1 FgUFF / .c=f�o� i Ole / Al / �7F00 U li R �� � c , ® APR 0 8 2021 ®� Zoning Board Of Appeals / Nun R \ - > FTF `900 36--- �Gji � �o`�oN — CERTIFIED TO:RICHARD N. KALICH — MARY VIRGINIA KALICH , ,�, ys�80 ABSTRACTS, INCORPORATED M O F T3 FIRST AMERICAN TITLE INSURANCE COMPANY JOB NO.:2018-121 MAP NO.:7974 / FILED:SEPTEMBER 30, 1985 36 0 Oq� �pp0 REVISIONS: ,��OF 14EFIV RUN,i�gc sr UPDATE&RECERTIFY 9/9/2020 ,tq� W. y 0� _ REV. RIGHT-OF-WAY NAME 911812020 p ADD TOPOGRAPHY 10/26/2020 LOCATE(4)FLAGGED TREES R" 10/27/2020 O,c 15 055 tAND cr X00 sTOtiFaR� C� �`t JEFFREY W. HADERER L.S. NYS LIC. NO.:050538 2p. '4� Oqr O ryLOT AREA 62,472 SQ.FT.=1.434 ACRES ELEVATIONS HEREON REFERT TO NA VD 1988 TWINFORKS AND ARE THE RESULT OF ACTUAL FIELD MEASUREMENTS ro LAND SURVEYING COASTAL EROSION HAZARD LINE AS DEPICTED ON SUCCWOR TO HkOSONSUINTYING,MMUND•HANDLS. THE COASTAL EROSION HAZARD AREA MAP cob` //'' 188 W.MONTAUKHIGHWAY,UNIT E3 TOWN OF SOUTHOLD,SUFFOLK COUNTY NEW YORK �' k/ l)631- 69-831,NEW FORK 9-831 PHOTO NO.57-556-83 ! bL J (V)631-369-8311-(F)631-369-8313 email.•twinforkslandsurvey@yahoo.com SHEET 6 OF 49 V COPIES OF THIS SURVEYMAP,EITHER PAPER OR ELECTRONIC,NOT BEARING THE LAND SURVEYORS INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CURRENT ZONING RR&R-40 CONSIDERED TO BEA VALID COPYAND SHALL NOT BE USED FOR ANY PURPOSE. 28 South Harbor Rd. Southold,NY 11971 631.806.2537 D D 0- 0 8 / Cb �- / T ADE PATIO 1 / e1V�� �� SSTeq y LLL\ �S, oR� Q) LLL.u, /Youy 9 FFF �iii i i 401 � U < - a o \ F - r If /J v a \ 0 ro��� ��, OUTDOOR ' �HOWER RETAINING WALL 7 ATTORNEY REVIEW 26 JUNE 2020 6 ZBA SUBMISSION 13 MARCH 2021 r� v 5 ATTORNEY REVIEW 06 DECEMBER 2020 4 CLIENT MTG 01 DECEMBER 2020 3 CLIENT MTG 05 NOVEMBER 2020 \ 2 CLIENT MTG 21 OCTOBER 2020 1 CLIENT MTG 27 SEPTEMBER 2020 7,� V� N0. ISSUANCE DATE \ 6 � - - a . - RELEASES y_ SEAL: �\ �I q/ /���� ARC U la _ ° - ° - ° C �r� 0324 -� o -�V t Tfi OF PROJECT: Blue Horizon Bluffs �y Peconic, NY DRAWING NAME: SITE PLAN PARTIAL DRAWING NUMBER: DRAWN BY: ACV SET: CHECKED BY: r � SHEET: SCALE:SCALE: 1/16"=1'-0" PROJECT No 9/22/2020 1 . 1 mmmmffiw ��/ �. C:\Users\adamlOneorive\Documents\@CLIENTSIBHB\Blue Horizon Site Plan 2_recover.dwg RJR SETBACK - - - - - - - - - SETBACK RE -1 EF 27 - -r , , - - - --- - - - - - - - *!Pal0 SE F n_ —Il _ ' d' C rI I I I I I PO�-_��C H I I _ N ❑ OF:C 1-f - I (IoII-U���1� n-S �n(,, ) R. ( I I E T _DINING ------ - - --- ---- �-/ HALLLL � -- 14 X 18 G � - � Q. 4 p ENTRY O Q --- PAT--I R7 cj O LAU N '`O WINDOW WELL 9'X9' o _ _ SUNROOM e e :7 0 - ® /�---j� C 20'X20' �� LIVING ROOM _ R ES E _ FIRE --- ,-- KITCOEN FIRE 2 X28 �® ® . BED aMUD RIV re ° - 12'X1 6' 12'X12 -- BAT �, - z - - - - - - - - - - - PANTRY - - - -T - - - F 18 X20 ❑ x.40 S ETBA K ❑ ❑ SETBACK RELIEF 9 REVISED ZBA SUBMISSION 25 JUNE 2021 8 ZBA SUBMISSION 13 MARCH 2021 7 CLIENT REVIEW 22 FEBRUARY 2021 6 CLIENT REVIEW 20 JANUARY 2021 5 ATTORNEY REVIEW 06 DECEMBER 2020 4 CLIENT MTG 01 DECEMBER 2020 3 CLIENT MTG 05 NOVEMBER 2020 2 CLIENT MTG 21 OCTOBER 2020 1 CLIENT MTG 27 SEPTEMBER 2020 NO. ISSUANCE DATE RELEASES SEAL: G.V040 rc� e it 032a2� y0� rF of aE`� PROJECT: Blue Horizon Bluffs Peconic, NY DRAWING NAME: FIRST FLOOR PLAN SD5 DRAWING NUMBER: DRAWN BY: SET:SD CHECKED BY: SCALE: 1/4"=V-0" SHEET: PROJECT No 9/22/2020 2* 1 C 1UsersladamlOneDnve�Documentsl@CLIENTSIBHBOlue Horizon DD2•plans 8 elevabons_recoverCURRENTAwg ADAM K ARC ITE T 28 South Harbor Rd. Southold,NY 11971 631.806.2537 1 LONG ISLAND SOUND �I 012 °D - DD i IfNFOFp / I Eerol gclo CC S oR c / � go �\ / Raps FSSCR Oe C 41 X X71 , \ : .V . tea f APR 0Z0218 2021 29 Qaard Of 0 \\ 70X q"1 q70, 41 <� •� � �lr?�'4G�\ � IJNF • \ Ff 6 ZBA SUBMISSION 13 MARCH 2021 • \ \° / / 5 ATTORNEY REVIEW 06 DECEMBER 2020 4 CLIENT MTG 01 DECEMBER 2020 3 CLIENT MTG 05 NOVEMBER 2020 2 CLIENT MTG 21 OCTOBER 2020 ° \ 1 CLIENT MTG 27 SEPTEMBER 2020 \ " \ NO. ISSUANCE DATE \ RELEASES SEAL: C. , S0°' X32421 . .`Z,� � ' ` • � ��NEW� °off �•. 7 PROJECT: Blue Horizon Bluffs Peconic, NY DRAWING NAME: SITE PLAN DRAWING NUMBER: DRAWN BY: SET: CHECKED BY: SCALE: 132"=11-011 SHEET: PROJECT No 9/22/2020 1 0 528 South Harbor Rd. Southold,NY 11971 P:631.806.2537 R/R SETBACK XXX S ACKIMILI E F 2 72 / R40 SE ACK I PORCH PORCH ' (roll down scenes) R. DINING - - - •� / HALL 14'X 18' O � P � O ENTRY O Q LAUND ( �O 9'X9' o o SUNROOM� COURTYARD � TERRACE 18 x20 20X20 12'X24' LIVING ROOMKITCHEN 20X28 G . BEDUD RIV 12'X16' 12'X12' BAT 6'X1 PANTRY 7' SPA P . P . R40 SETBACK ❑ ❑ APR 0 8 2021 Zoning Board ofAp.pea9_s SETBACK RELIEF B ZBA SUBMISSION 13 MARCH 2021 7 CLIENT REVIEW 22 FEBRUARY 2021 6 CLIENT REVIEW 20 JANUARY 2021 5 ATTORNEY REVIEW 06 DECEMBER 2020 4 CLIENT MTG 01 DECEMBER 2020 3 CLIENT MTG 05 NOVEMBER 2020 2 CLIENT MTG 21 OCTOBER 2020 1 CLIENT MTG 27 SEPTEMBER 2020 NO. ISSUANCE DATE RELEASES SEAL: `y.�EaED q,Qc Q��p�PM C 0�0 r N 132427 P NEW'4O PROJECT: Blue Horizon Bluffs Peconic, NY DRAWING NAME: FIRST FLOOR PLAN SD5 DRAWING NUMBER: DRAWN BY: SET:SD CHECKED BY: SCALE: 1/4"=1'-0" SHEET: PROJECT No 9/22/2020 2 , 1 ADAM VOLOSIK ARCHITECT 528 South Harbor Rd. Southold,NY 11971 P:631.806.2537 RSR SETBACK S AC K L I 72 I = / R40 SETBACK MASTER BEDROOM ROOF DECK ROOF DECK 22 X21 12'X16' v (roll down scenes G ,- SITTING RM O - _ Q 12'X21 ' O GUEST o BEDROOM ,moo H CL 12'X16' L'L DBL. \HGT. BATH ' 12'X14' HER CL GUEST BEDROOM 12'X19' BAT 6'X12' R40 SETBACK � - Ld APR 0 8 2021 Zoning Board Of Appeals SETBACK RELIEF 8 ZBA SUBMISSION 13 MARCH 2021 7 CLIENT REVIEW 22 FEBRUARY 2021 6 CLIENT REVIEW 20 JANUARY 2021 5 ATTORNEY REVIEW 06 DECEMBER 2020 4 CLIENT MTG 01 DECEMBER 2020 3 CLIENT MTG 05 NOVEMBER 2020 2 CLIENT MTG 21 OCTOBER 2020 1 CLIENT MTG 27 SEPTEMBER 2020 NO. ISSUANCE DATE RELEASES SEAL: A I-D A qC ap,M c vo�O'y,�� N 0 42 F0F NEW PROJECT: Blue Horizon Bluffs Peconic, NY DRAWING NAME: SECOND FLOOR PLAN SD5 DRAWING NUMBER: DRAWN BY: SET:SD CHECKED BY: SCALE: 1411=11-0t' SHEET: PROJECT No 2020.01.1 2•2 0 1K ARCHITECT 28 South Harbor Rd. outhold,NY 11971 631.806.2537 D LL p I rp HHH1 -------- L 1 0 0 0 D 1 EAST ELEVATION . SCALE: 1/4"=1'-0" R7 I 7 APR 0 8 2021 Zoning Board Of Appeals 8 ZBA SUBMISSION 13 MARCH 2021 7 CLIENT REVIEW 22 FEBRUARY 2021 6 CLIENT REVIEW 20 JANUARY 2021 5 ATTORNEY REVIEW 06 DECEMBER 2020 4 CLIENT MTG 01 DECEMBER 2020 3 CLIENT MTG 05 NOVEMBER 2020 2 CLIENT MTG 21 OCTOBER 2020 1 CLIENT MTG 27 SEPTEMBER 2020 NO. ISSUANCE DATE RELEASES SEAL: 'tEaED ARC, ���OPN►C•1/p�0 h'�j, OF NES 1Lj PROJECT: Blue Horizon Bluffs L__�_ LLI Peconic, NY 1 i � II !� DRAWING NAME: ELEVATIONS SD5 2 WEST ELEVATION . SCALE: 114"=1'-0" DRAWING NUMBER: DRAWN BY: SET:SD CHECKED BY: SCALE: 1/4"=1'-0" SWEET: PROJECT No 9/22/2020 3 ,01 28 South Harbor Rd. outhoid,NY 11971 631.806.2537 RECEIVED APR 0 8 2021 Zoning Board Of Appeals 8 ZBA SUBMISSION 13 MARCH 2021 7 CLIENT REVIEW 22 FEBRUARY 2021 6 CLIENT REVIEW 20 JANUARY 2021 14L 5 ATTORNEY REVIEW 06 DECEMBER 2020 4 CLIENT MTG 01 DECEMBER 2020 3 CLIENT MTG 05 NOVEMBER 2020 2 CLIENT MTG 21 OCTOBER 2020 1 CLIENT MTG 27 SEPTEMBER 2020 N0, ISSUANCE DATE RELEASES 1 NORTH ELEVATIONSOUTH ELEVATION 1' . SCALE:1/4"= -0" 2 . SCALE: 1/4"=1'-0" SEAL: �EaED Aqc v°t 032421 yOQ�k- OF NES PROJECT: Blue Horizon Bluffs Peconic, NY DRAWING NAME: ELEVATIONS SD5 DRAWING NUMBER: DRAWN BY: SET:SD CHECKED BY: SCALE: 1/4"=1'-O" SHEET: PROJECT No 9/22/202 32 -A0� OFFICE LOCATION: ��oF so(/rMAILING ADDRESS: 1,p Town Hall Annex P.O.Box 1179 54375 State Route 25 Southold,NY 11971 or.Main Rd. &Youngs Ave.) Southold, NY 11971 • Q Telephone: 631765-1938 couffm LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVP MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals Zoning Board of Appeals From: Mark Terry, AICP r Assistant Town Planning Director LWRP Coordinator Date May 21, 2021 Re: LWRP Coastal Consistency Review for ZBA KALICH,RICHARD#7505 SCTM#1000-74-1-35.52 The proposed side yard setbacks are EXEMPT from LWRP review,pursuant to § 268-3. Definitions. MINOR ACTIONS item "F'. F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CERA; The structure is not located within the CERA. 11 The proposed action to locate the accessory spa in the side yard 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 action 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 -K�m COUNTY OF SUFFOLK 1 OFFICE OF THE COUNTY EXECUTIVE / Steven e JSUFFOLK COUNTYTY EXECUTIVE Natalie Wright Department of Commissioner Economic Development and Planning April 23, 2021 Town of Southold Zoning Board of Appeals RECEIVED 53095 Main Road P.O. Box 1179 Ow-'a�Apa) Southold,NY 11971-0959 Attn: Leslie Weisman Zon)r,g Board Of Appeals 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 Richard Kalich #7505 Jw'9 Mark Hoffman &John Pierce #7507SE j0I Kiely #7508SE jI tq Linda Dambassis #7509 ivig) Michael &Lisa Boyd #7511 .1--> Jacob Wylie #7512 Jw`y Neil Stronski #7513 �w�y Maia Rubin &Jonathan Babkow #7514 Marcel Dzama #7515 Very truly yours, Sarah Lansdale Director of Planning �/ R /i 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)863-6191 - r RECE7VED 'FORItI N®. 3 APR ® TOWN OF SOUTHOLD ' X.- O-ning Board OfAppeafs BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: March 8, 2021 TO: Patricia Moore (Kalich) 51020 Main Road Southold,NY 11971 Please take notice that your application dated February 22, 2021: For permit to: construct a single-family dwelling and an accessory pa at: Location of property: 4660 Blue Horizon Bluffs, Peconic,NY County Tax Map No. 1000 - Section 74 Block 1 Lot 35.52 Is returned herewith and disapproved on the following grounds: The proposed single-family dwelling, on this conforming±54,014.4 sq. ft. lot in the RR/R-40 Districts, is not permitted pursuant to Bulk Schedule which requires a combined side yard setback of 35 feet (R-40 district). The plans shows a combined side yard setback of 30.5 feet. In addition, the accessoryspa is not permitted pursuant to Article III, Section 280-15, which states accessory buildings and structures shall be located in the required rear The spa is located in side yard. Authorized Sign 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. PATRICIA Cm MOORE Attorney at Law APR 0 8 2021 51020 Main Road Southold,New York 11971 t €0 Board of Appea45 Tel: (631) 765-4330 Fax: (631) 765-4643 Betsy Perkins Paralegal Julia Spanburgh Julia Schade April 7, 2021 Zoning Board of Appeals Town of Southold PO Box 1179 Southold,NY 11971 RE: 4660 Blue Horizon Bluffs,Peconic(Kalich) SCTM: 1000-74-1-35.52 NOD dated March 8,2021 Dear Board members: Enclosed please find an application to the Southold Town Board of Appeals and a check in the amount of$750.00 made payable to the Town of Southold. Thank you. Very truly yours., -P&4-& C , Patricia C. Moore vm 5 PCM/jms APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only FIA IV Fee: $ Filed B Date By: � R2� Assigned/Assignment No. Office Notes: "'WIR9 Board Of Appeals House No. 4660 Street Blue Horizon Bluff Hamlet Peconic NY SCTM 1000 Section 74 Block 1 Lot(s)35.52 Lot Size Zone RR & R- 40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED March 8, 2021 BASED ON MAP DATED 9-22-20. Applicant(s)/Owner(s): Richard Kalich & Mary Kalich Mailing Address:605 Saltaire Way, Mattituck, NY 11952 Telephone: 516-946-2931 Fax #: _c/o 631-765-4643_ Email: pcmoore@mooreattys.com NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for (X) Owner, or ( ) Other: Agent's Address: 51020 Main Road, Southold NY 11971 Telephone_ 631-765-4330 Fax #:631-765-4643 Email:pcmoore(&,mooreattys.com Please check box to specify who you wish correspondence to be mailed to, from the above names: C Applicant/Owner(s), or X Authorized Representative, or Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 9-22-20 and DENIED AN APPLICATION DATED February 22,2021 FOR: X Building Permit C Certificate of Occupancy C Pre-Certificate Occupancy FOR EIVE® C Change of Use � 202 C Permit for As-Built Construction Other: Zoning Board Of Appeal$ Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXIH Section 280- 124_ Subsection Combined side yard 35 and spa in side yard Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. C A Variance due to lack of access required by New York Town Law-Section 280-A. C Interpretation of the Town Code, Article Section C Reversal or Other A prior appeal C has , X has not been made at any time with respect to this property, UNDER Appeal No. 4225 Year May 4, 1994 (Please be sure to research before completing this question or call our office for assistance.) RECEIVE APR 0 8 2021 Name of Owner: Kalich ZBA File Zoning Board Of Appeals REASONS FOR APPEAL (additional sheets may be used with preparer s si nature AREA VARIANCE REASONS.- (1) EASONS.(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The subject property is split zoned, along the bluff and 200' landward of the Long Island Sound the property is Zoned RR (Resort Residential), the landward portion of the lot is Zoned R-40; the proposed house is set back at a conforming location, 100' landward of the top of the bluff, but the side yard setbacks are affected by the split zoning. Zoning setbacks for RR: side yard is 15 and combined 30 Zoning Setbacks for R-40: side yard 15 and combined 35 The lot is narrow and the proposed setback variance on the north is 1'6" and on the back 4'6" setback variance, amounting to 272 square feet or 30.5 combined setback We would request that the RR setbacks be applied to the entire building envelope and grant a combined setback of 30' (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 proposed house is narrow and further reduction of the width of the house by 5 feet to conform to the combined setbacks required is significant, particularly where the parcel is split-zoned, and the amount of relief is minimal. The lot width is approximately 50' along the road, 108 feet along the Long Island Sound, and 712 feet in depth. The properties were originally developed with rental cabins which have been torn down and new single-family homes constructed. A proposed spa is located within the interior courtyard of the house. It is technically in the "side yard" because it is not located on the ends of the proposed house. This variance can not be avoided unless the spa is relocated to the waterfront (north) or the south (front yard). The proposed location of the spa in a courtyard requires the varian e. APR 0 0 2021 Zoning Board Of Appeals (3) The amount of relief requested is not substantial because: The relief requested is applicable because the proposed setbacks are not conforming to the r-40 portion of the parcel, the house setbacks are conforming in the RR zoning of the parcel. This is a unique condition,as the house is placed in a conforming location away from the bluff, the setbacks become more restrictive, and the variance is required. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The house is proposed at 100' from the bluff which is the environmentally significant setback. The side yard setbacks proposed remain a reasonable setback from the property line. (5) Has the alleged difficulty been-self-created? ( )Yes, or ( X )No. Are there Covenants and Restrictions concerning this land: X No. C Yes (please furnish.copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET.- (Please be sure to consult your att Signature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me thi da4f i 1 , 20 Qj lotaryll`ub�j BETSY'.PERKIN' NotaryPublic,State of New York No.01PE6130636 Qualified in Suffolk Coun� �r Commission Expires July 18, 1 APPLICANT'S PROJECT DESCRIPTION APPLICANT: NG& f /14a2Y �� DATE PREPARED: 1.For Demolition of Existing Building Areas RECEIVED Please describe areas being removed: 1t14W 2� ppeals H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: Calculations of building areas and lot coverage(from surveyor): xisting square footage of buildings on your property: Proposed increase of building coverage: (o X812 Sa Square footage of your lot: G Z..., 4-1-L o F -'g of tai k'CEC =5W&S9 Percentage of coverage of your lot by building area: is ,S 9/b V.Purpose of New Construction: VI.Please describe the land contours(flat,slope %,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE RECEIVED FOR FILING WITH YOUR ZBA APPLICATION —7�;_05 A. Is the subject premises listed on the real estate market for sale? APR 0 8 2021 Yes No Zoning Board Of Appeals B. Are there any proposals to change or alter land contours? � No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? 2.)Are those areas shown on the survey submitted with this application? fS 3.)Is the property bulk headed between the wetlands area and the upland building area? M 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction?Please confirm status of your inquiry or application with the Trustees: /jffy( /6M /G( 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? 1V0 E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? Me, 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? //0 If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? �v If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel DI"a4tt- and the proposed use ffojc�'r14'9f"'0' 7 (ex: existing single family,prop sed: me with garage,pool or other) 6 L__ Authorized signature and Date RECEIVED APPEALS BOARD MEMBERS O�pS�FfO(,�►��G APR 0 0 2021 Zoning Board OfAppeals Gerard P.Goehringer, Chairman C Serge Doyen,Jr. 05rZ Town Hall, 53095 Main Road James Dinizio,Jr. ,f. �� P.O.Box 1179 Robert A.Villa X01 �a Southold,New York 11971 Richard C.Wilton Fax(516)765-1823 Zlelephone (516)765-1809 BOARD of APPEALS Telephone(516)765-1800 TOWN OF SOUTHOLD ACTION OF THE BOARD Appeal No. 4225: Application of RICHARD AND DOLORES PRINCIPI . This is a request for a variance basted upon the Building Inspector's March 2, 1994 Notice of Disapproval concerning a building permit application to relocate a dwelling structure within 100 feet of the L. I . Sound bluff; ref. Article XXIII , Section 100-239.4A-1 of the Zoning Code. Location of Property: Lot #2 shown on the 1985 Map of Blue Horizons; also known- as 4660 Blue Horizon Bluffs Road, Peconic, NY; County Parcel ID 1000-74-1-35.52. WHEREAS, after due notice, a public hearing was held on April 6, 1994, at which time those who desired to be heard were heard and their testimony recorded; and WHEREAS,. the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1 . PROPERTY LOCATION: The premises in question is located a distance of approximately 3666 feet from C.R. 48, or Middle Road, along a private right-of-way at Blue Horizon Bluffs Subdivision, Peconic, Town of Southold. This property is identified on the Suffolk County Tax Maps as District 1000; Section 74, Block 01 , Lot 35-52. 2. CHARACTERISTICS OF APPLICANT'S SITE: The subject premises is more particularly shown on the Map of Survey prepared by Roderick VanTuyl , P.C. dated November 3, 1993, and amended February 16, 1994, for this parcel . Shown is the top bluff at an elevation 38 feet above mean sea level , as well as low beach areas subject to flooding seaward of this bluff line, and the remaining variable contours. The dimensions of the lot are as follow: (a) frontage, or lot width, along the private right-of-way is shown at 49.67 feet; (b) a lot width rPage• 2 - Appl . No. 1 5 Matter of Richard anu Dolores Pr i nc i p i RECEIVED ZBA Decision Rendered May 4, 1994 ,7 APR 0 0 ZOZ1 Zoning Board Of Appeals along the ordinary highwater mark of the L. I . Sound of 108.34 feet, (c) the depth of the parcel from the ordinary highway mark of the L. I . Sound to the private right-of-way is 872. 17 feet. 3. OTHER PROPERTY FEATURES: it is noted that a portion of the northerly upland area consisting of approximately 30 ft. x 105 ft. of upland area, or 3150 sq. ft. , of the premises is located within a restricted Coastal Zone Erosion - area. The regulations under the Coastal Zone• Erosion Act (ref. Chapter 37) prohibits all new- residential and other types of construction seaward of the Coastal Zone boundary line (30 ft. x 105 ft. of upland area) plus bluff sloping toward the foot of the bank, and the lowland areas - all shown on the survey to be a distance south, approximately 126 feet from• the ordinary highway mark of the Long Island Sound. 4. VARIANCE REQUESTED: In this application, relief is requested for re-location of an existing seasonal cottage building -- which cottage building has been unoccupied since its temporary relocation from the edge of the bluff due to severe erosion and inadequate foundation support on the north side of the cottage. The present location of the cottage is temporary as a result of a Town Board proceeding and a public hearing held on September 21 , 1993 before the Southold Town Board concerning a violation of Chapter 45 and Chapter 90 of the Code of the Town of Southold, "Unsafe Buildings. " The requested re-location is substantially different from its previous location before the heavy erosion, and different from its present temporary location. The requested positioning is shown to be a distance 35 feet from, the present line at the top of the bluff (or bank) and 15 feet from the easterly side property - line. This position is shown to be south of the Coastal Erosion Hazard line, but north of the existing power line. 5. CODE REQUIREMENTS: Section 100-239. 4 of the Zoning Code requires a minimum setback at 100 feet from the top of the bluff, or bank, of the Long Island Sound. The percentage of relief requested for a re-location, as requested and shown on this February 16, 1994 survey, is for a variance of 65 feet, or 65 percent, which is substantial in relation to the 100 ft. minimum requirement. Re-locating the existing cottage would involve the placement of a new base supports (slab or similar as required by the N.Y.S. Building and Fire Code) , new electrical hook-up, water hook-up, cesspool hook-up, and suitable step areas for safe entry. It is the applicant's position that it would be very costly, in the area of $7,500.00 in a location other than as requested and further distant due to costs for new underground wiring and piping. However, no written proof of the Page-3 - Appl . No. Matter of Richard aru ``'0o l ores Pr i nc i p i ZBA Decision Rendered May 4, 1994 RECEIVED —7SD5 APR 0 8 2021 Zoning Board Of Appeals sums claimed were submitted for consideration. The sanitary system and well water are not shown on the February 1994 survey. 6. OTHER BUILDING SETBACKS. Upon visiting the area and viewing the town records, it was noted that existing "seasonal" cottages are situated with similar setbacks as that proposed by this variance. However, it is also noted that the top of the bluff or bank of the L. I . Sound has eroded by at least 10 feet or more since January 1985 - which created the present closer setback for these cottages to the current bluff line. The Board is quite concerned with the safety of occupants as wel•1 as the stability of the bluff and this "seasonal " cottage- in light of the fact that due to Acts of God, similar hazards can happen at any time. This is the one of purposes of the enactment of Chapter 37 - Code for Coastal Zone Erosion controls concerning lots located along bluffs or banks of the L. I . Sound in the Town of Southold. 7. OTHER AGENCY JURISDICTION: Other agencies which also have applications pending, or which have taken action, are: a) Southold Town Trustees' variance under the Coastal Erosion Hazard Area -Law - which is pending at this time. b) N.Y.S. Department of Environmental Conservation Permit No. 1 -4738-00829/00001-0 issued December 13, 1993 ( initials DMG) pertains to conditional approval to re-locate the subject cottage to an area outside of the Coastal. Erosion Hazard line and south of the LILCO power line; c) N.Y.S. Department of Environmental Conservation Permit, as amended March 29, 1994 (GWH) to locate the subject cottage to an area north of the LILCO power line, within 100 feet of the bluff or bank of the L. I . Sound. d) Suffolk County Department of Health Services (status unknown) to hook-up water and cesspool extension to a proposed re-location. 8. OWNERS PROPERTIES: One of the owners of the subject property also has an interest, or interests, in adjoining properties and in the development for Blue Horizons Bluff Subdivision (stamped by the Southold Town Planning Board in 1985) . 9. EFFECTIVE DATE OF ZONING CODE PROVISION: For the record it is noted that the provision under the Southold Town Page- 4 - Appl . No. �' S Matter of Richard aria Dolores Principi ZBA Decision Rendered May 4, 1994 RECEIVED 7� APR 0 2021 Zoning Board 0f Appeals Zoning Code pertaining to minimum setbacks from the top of the bluff or bank of the L. I . Sound became, effective under Local Law No. 4-1985 added March 26, 1985. 10. VARIANCE STANDARDS: In considering this application, the following standards must be considered: (a) Minimum Relief - the relief requested for a setback at 35 feet from the top of the bluff is not the minimum necessary to afford relief, and there is adequate land available to comply with the 100 feet (or more) requirement; Ii . (b) Uniqueness of the Land - the difficultes clamed in relation to the meeting the 100 ft. setback requirement is personal in nature to the landowners {relating to personal expenses involved for the modification in utility hook-ups beyond, or south, of the present LILCO power lines); New York Town Law requires that the uniqueness be related to the land; (c) Relief - the relief to permanently locate the building 35 feet from the top of the bluff will in turn be adverse to the safety, health, welfare, comfort, convenience and order of its occupant(s) , as well as the town and nearby lands - since the rate of erosion has been increased during the last several years and there is no proof from appellants to show- that there would not be further erosion at the same rate, or otherwise; (d) Alternative - the alternative for apps Tants to pursue for a permanent location is to locate this "seasonal building" landward of the 100 ft. setback line particularly when there is adequate land area available; (e) the approval of a temporary location rather than a permanent location, as applied, will not be detrimental to the health, safety, or welfare of the community, since it still would provide a benefit for the property owner to use his land for a zoning use allowable in this Zone District and provide a further opportunity for the property owners to consider a permanent location at a 100 ft. setback- or more providing a safer location for a building without expending large sums of money for the temporary location during this re-evaluation period (five years) ; (f) the conditions for this variance and for all other agency permits must be carefully and faithfully Ifollowed by- the property owner {and their agents) in order to prevent runoff. or other discharge and to aid in preventing any adverse effect or impact on the physical or environmental conditions in this location; i Page-5 - App 1 . No. .5 Matter of Richard ar;u Dolores Principi ZBA Decision Rendered May 4, 1994 RECEIVED, 17 s--D5' APR 0 8 2021 Zoning Board Of Appeals (g) the appellants have not furnished evidence or sufficient information to show that the bluff is stable and that there is no other land area available for a yearround residence; appellants have indicated, however, that the costs for a temporary location with the same building, with "seasonal " use and without major alterations, modifications or reconstruction, are minimal as compared to the location- of a permanent building; (h) the relief as granted will not be adverse to the preservation and protection of the character of the neighborhood and the health, safety and welfare of the community - and will be re-evaluated five years from the date hereof if the -building is proposed to remain. Accordingly, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, to DENY the relief as requested for an insufficient setback in the permanent relocation of a seasonal cottage at 35 feet from the top of the bluff, or bank, along the Long Island Sound, with the following exception: 1 . At the owners ' own choice, liability, cost and expense, a temporary placement of the existing cottage building without expansion or enlargement may, for a limited period of up to five years, be located a distance of 35 feet from- the top of the bluff shown on the May 24, 1993 survey map prepared by Roderick VanTuyl , P.C. subject to re-application and re-consideration by the Board of Appeals of the status and condition of the bluff and the actual bluff line in May 1999 which may or may not be altered due to changes in future weather conditions; and subject further to all other agency approvals; one of the reasons for the five-year time period is to allow additional time for the applicant to show, by expert testimony and expert documentation from licensed engineer(s) , proof as to the condition and stability of the land within 100 feet of the bluff, the rate of erosion both historically, currently and future soil changes, and other data necessary for this project, before the building is permanently in place, as well as providing sufficient burden necessary in meeting the 100-ft. setback requirement ( if any) ; and 2. During or before May 1999, the owners must reapply and submit evidence of the condition and stability of the bluff, for full and complete reconsideration of the temporary placement of the cottage construction if located within 100 feet from the top of the bluff, and until such time as a further determination is ,Page. 6 - App 1 . No. )5 - FRECEIVED Matter of Richard and Dolores Principi ZBA Decision Rendered May 4, 1994 ��s APR 0 8 2021 Zoning Board Of Appeals rendered under the subject reapplication, the cottage• structure shall remain unoccupied if an unsafe condition exists; and 3. At any time the building is found unsafe, the building must be vacated and remain unoccupied until all agencies have received and finalized applications and determinations concerning necessary improvements or further relocation - from the bluff; and 4. No building construction activities shall take place until all agency approvals have been issued, in writing, including that of the Southold Town Building Inspector; and 5. No disturbance of the land area within 100 feet of the top of the bluff; and 6. Both side yards must remain open and unobstructed at all times for access by emergency and/or fire vehicles; and 7. Owners shall meet with the Suffolk County Soil and Water District to obtain recommendations that would aid in preventing erosion and which would aid in further stabilizing the top of the bluff area; and 8. When the subject building is rebuilt or replaced, it must be set back 100 feet (or more) from the top of the bluff (as certified by an updated, certified survey) . Vote of the Board: Ayes: Messrs_ Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk GERARD P. GO HRI ER; CH MAN ,,.Z. RECEIVED AND FILED BY ME SOUTI&IOLD TOVJP1 CLERK DATES#�q HOUR la:3 D = Town Clerk, Town of Southold v RECEIVED 7SZS AGRICULTURAL DATA STATEMENT APR 0 0 2021 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Zoning Board Of Appeals WHEN TO USE THIS FORM: This fora:must be completed by the applicant for ally special use permit, site plan approval, use variance,area variance or subdivision:approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: V-`r C', 3- 2. Address of Applicant: 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed 2 r, Project: ''}0 U� y 1Plo o B i V e 0'6�f 1 Z—tn 6 ��'IT �.Q C"X z� 6. Location of Property:(road and Tax map number) l C3 b O H — } — --:� ;—, 5-Z- 7. Is the parcel within 500 feet of a farm operation? { } Yes { }No 8. Is this parcel actively farmed? { } Yes { } No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. /Vb ^,c- 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) Signature o Applicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. ItECEIVE� isr av I Sz� Appendix B APR 2021 Short Environmental Assessment Form Zoning Board Of,gppe8ls Instrutai[ttis for C'omhletin� Part l -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part l based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: NW 1442u-.�-e_ Project Location(describe,and attach a location map). 0(re-o r, ©- ,�- Brief Description of Proposed Action- ,ro o�el ovs t (U I Fomes b lmd S jaAyew-el Name of Applicant or Sponsor: Telephone: 6a ii E-Mail: Address: City/PO State- Zip Code: NA 6-4;4-,)c l� (91 r� 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 Pf 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: r__,/ ❑ 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? , acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban [:]Rural(non-agriculture) ❑Industrial ❑Commercial alsidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 I ; t RECEIVED r 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations. A 2021 �, ❑ ❑ i b.Consistent with the adopted comprehensive plan? onina Board , ; L11:1 6. Is the proposed action consistent with the predominant tural NO YES landscape? ❑ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify:_____.____– -- — -- — _ ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? [2' F ] 9.Does the proposed action meet or exceed the state energy code requirements9 NO YES If the proposed action will exceed requirements,describe design features and technologies: ❑ Ef 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: _._.______ _� ❑ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ❑ b. is the proposed action located in an archeological sensitive area? ❑ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Ide tify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: Shoreline ❑Foi est ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? 1:91, a 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, ❑ a.Will storm water discharges flow to adjacent properties? ErN'O YES b.Will s(grpywater discharges be directed to established conveyance systems(run and storm drains)? If Yes,brietly,describe: NO AYES Page 2 of 4 18. Does the proposed action include construction or other activities th result in tlR�(j�pl t,e�tt of NO YES water or other liquids(e g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: — ❑ - -- _ -- APR__ _w 19.Has the site of the proposed action or an adjoining property been the oZbi9�lq'0o"0frAR"5 NO YES solid waste management facility? 1f Yes,describe; _ _- 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? if Yes,describe: 1 AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponso ttame: � t"�+A 0001–e— Date: 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 zoningElregulations? 2. Will the proposed action result in a change in the use or intensity of use of land? El ❑ 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 characteiistics that caused the El 11establishment 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 �1 ❑ reasonably available energy conservation or renewable energy opportunities? 1—I 7. Will the proposed action impact existing: El 1:1a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, j ❑ architectural or aesthetic resources? El 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, D F]waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RKE�IVEDD iT No,or Moderate AP ; 2021 small to large impact impact Zoning may Board OfA eats t y pp - occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? El D 11. Will the proposed action create a hazard to environmental resources or human health? El 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. Town of Southold-Board of Trustees _ Name of Lead Agency _ Date President Print of Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different fiom Responsible Officer) PRINT Page 4 of 4 I I 17-- RECEIVED 7-5b5- Board of Zoning Appeals Application APR 202 AUTHORIZATION (Where the applicant is not the owner) Zoning Board Of Appeals We,Richard N. Kalich and Mary V.Kalich, as owners of 4660 Blue Horizon Bluffs,Peconic, NY 11958 (SCTM# 1000-74-1-35.52)hereby authorize our attorney,Patricia C. Moore,to act as our agent to apply for variance(s) on our behalf from the Southold Zoning Board of Appeals Richard N.Kalich Mary V. ali h RECEIVED ; i APR 0 8 2021 APPLICANT TRANSACTIONAL DISCLOSURE FORM Zoning hoard Of Appeals (FOR SUBMISSION BY OWNER and OWNER'S AGEN ) 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: KALICH, RICHARD N., KALICH, MARY V.,AND MOORE, PATRICIA C. (Last name,first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance X Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees Do you personally, (or through your company, spouse,sibling, parent, or child)have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of(or employment by)a corporation in which the Town officer or employee owns more than 5% of the shares., YES NO_X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the ,applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director, partner, or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this '_Tr" day of r r Signature: Richard N. ali� Ma Patricia C. Moore ` P RECEIVED APPLICANT/AGENT/REPRESENTATIVE APR 2021 TRANSACTIONAL DISCLOSURE FORM Zoning Board Of Appeals Tlie Town of SouthoWs Code'of Etiiies prohibits coii6!cts of interi;si on the 6,i•t-of town officers-and'dmnlovees.The nurpose`of thisTorm is•fb rimvideinrorination which can•ilcrt tfie`to�'in-of n6ssible'c6nfliet5 of mterestand allow-it to•take,whatavcr actioiuts" necessarLo avoid 6itie. YOUR NAME,- Q tfflav'&4ICA G C0?006^ (Last name,first name,ipiddle' itial,unless you are applying in the name of someone else or other entity,such as a company.,If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Taxg rievance Buildings Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning f Other (If"Other",name the activity.) z3 'Do you°personally,(t),r,tfirougli,your company„spouse;siblfiigfparent,or`child)hav`-e-,j 'clat.ionship Witli any�offieer�or cntployee of t1tc,Tawn.d!`St*utholil7 "Relationshipindlpi{e` ,liyblood;.nlarriagc,�rbttsutcss�i`nterest."Business interest""iiicans�a�liusiness, ; including a';partiidisliili,iq.dVliich.the'towti'iifficerta'vinployee luzs,cyen_a paiiial ownersliip:o'f(or emitinyment,ay)'a`togtol atian i in�dlucli;ifie;towri'gfBcer,or employee owns morc 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 appliciuit/agi:n(%representative)and the town officer or employee.Either check 4he appiopriatc'line A)through D)and/or"describe in tlibesil acdprovided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%ofihc sttares:o f thieprporutc stock of the applfcs!It (when the applicant is a corppration); B)the lagal-,,pr'bencfeiafowner of any entity entity(When;tlje` applicant,is not a carporation); � C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. • 'i DESCRIPTION OF RELATIONSHIP I Submitted t t 20 21 Signatu-e _ Print N Form TS 1 M i RECEIVED Town of Southold 7S-05" APR 0 8 2021 LWRP CONSISTENCY ASSESSMENT FORM Zoning Board Of Appeals A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 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# _�- The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. © Building Dept. 0 Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g. grant,loan, subsidy) (c) Permit,approval,license, certification: Nature and extent of action: y Lean o M,[`2 s%�G lyl SIGQr \14A-4 L i Location of action: D We n Zo Site acreage: E, azonjingBoard Present land use: 21 Present zoning classification: — �� Appeals2. If an application for the proposed action has been filed with the Town of Sofollowing information shall be provided: (a) Name of applicant: �{( �a"k—j 1—c Cjq nmd M 1 yy V-n (b) Mailing address: (c) Telephone number: Area Code( ) `"1 -7 (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No Pr If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure,makes beneficial use of a coastal location, and minimizes adverse effects of development. See LVV" Section III—Policies; Page 2 for evaluation criteria. ZYes ❑ No ❑ Not Applicable 0� Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LVV" Section III—Policies Pages 3 through 6 for evaluation criteria 11 Yes E] No D7 Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria © Yes © No E(Not Applicable RECEIVED pff I 7oning Board Of Appeals Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria 0 YesEl No Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No 10<ot Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation crit ia. 0 Yes © No of Applicable RECEIVED Ann 1AV 1\ Attach additional sheets if necessary 7-Oning Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes [] No Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wZpplicable LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes F] No PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. 1E Ye 1 No 'Not A licable PP Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protec/" Applicable's water-dependent uses and promote siting of new water-dependent uses in suitable locationsWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No J xf RECEIVED AP Zoning Board Of Appeals Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town w ers. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. El Yes 1:1 No Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for eva ation criteria. ❑ Yes ❑ No 9 Not Applicable Attach additional sheets if necessary Policy 13. Promote a ropriate use and development of energy and mineral resources. See LWRP Section III—Policies; ages 65 through 68 for evaluation criteria. ❑ Yes ❑ No Not Applicable Created on 512510511:20 AM RECEIVED APR 0 8 2021 Zoning Board Of Appeals VQ i b �1i _ w9. RECEIVEDS -75D APR 0 8 2021 Zoning Board Of Appeals 1�+a1 fo N y, t .L ��•. _- gal �� ��"1.�- t i. map• � ' RECEIVED 7sD5, APR 0 8 2021 Zoning Board Of Appeals Vr j d Vx Zoning:BO3rV:dof [RECEIVED � -. ls4 !A� j..�� RECEIVED -7S-V APR 0 8 2021 Zoning Board Of Appeals RECEIVED 5'- APR I 8 20Z1 Zoning Board Of •p i � 7 RECEIVED APR 0 8 2021 Zoning Board Of Appeals t sf RECEIVED —7 S7t�� APR 0 8 2021 Zoning Board Of Appeals M f sx LRECEIVED -7S-b<APR 0 8 2021 g Beard Of Appeals i /f •: �4�t R✓aS�f�A�'�'��..�r+C�l).�✓{� 11:5„ iF' 'Y eEF..R. RECEIVED 7 St� APR 0 8 2021 Zoning Board Of Appeals .r t!+a. r � , or wt 97 A4- 4N. !�'S1Frt°I�7' ` ��, r ���� •rs 'ai # tr' ! � ! � L� pd 1tr' .v ,+•` •�. �.t ♦ � *�r� . iy1• � ,40 , ' AV AINr ) ;'r ►, ;� '` t ,•,i' � ��� � � .v � � ./ ' � tie' .r �.y )?� 1 "7�'�► r �. ��,� + i 1 ,Y r � .r ..�. � •♦ . a' .Mkt F fit .�„ i�.-s "moi l • . -N _ - _I►"�- 'M-',- !`..:3 .p-"�.ta.!`FR i:'�"°- .`�'•a- '7... tttrl"y1{"YR � ��'s . y 00 '.r ��� �'`, , w � * tT(t,�'�+��•�;T��'.,,cCrl��� L+ 9�ip+YP 3 .I. _ �. '• , ♦- .. F• ,Jy . ., a, .ivy;_ e1�,~" °f -.•Z 'I� y/�rii•l i�i'R" .7f�•♦ l_ s i t +• y tx��L i \ �', 'L.%�� I 'I �' � x !.�R� j ..,.• lF ♦�.1� s�• ,A' y l�.Y�'+��,(♦.a .Ifi� k r` ti}`'`"'.�M1 .�.. �' •' �.r`,` . . ._ w,,.;1 I��. .� .3�•Ca� �.. `fr'L�1'''F��i '�4J� �,5 h i�.':!�'� �f,^ ,�;.�.. x. �.�.t�Ri'..1�..,_'i- -. :. .'-,t - . .. RECEIVED APR I 1 �l tt v, t . R� 1 , 1000 •'4y . -1-''j5.� TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER T STREET bit t VILLAGE OIST SUB LOT a • r;) ACR. IREMARKS 7;L LAI TYPE OF BLD. �dR�ElCLO�i..aR� PROP. CLASS 1 LAND IMP. TOTAL DATE G r r a4aO a 400 Q 2 N rn n- ao � D o � N CD a FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL III IIS TOWN OF SOUTHOLD PROPERTY REC.qRD I STREET VILLAGE DIST. SUB. LOT mol ori �r 1' 'noI)PI, � ,Q�o. FORMER OWNER K,cv�ct,c4 pir I Vic 1, 1 N E ACR. C I pk $I W4, I,Z4 I S W TYPE OF BUILDING ZES. SEAS. VL. FARM COMM. CB. mics. Mkt. Value _2-6(1,.) LAND imp. W TOTAL DATE REMARKS r6 yz,iz 4, ou L W 12, 5.. Li Loci i Q1 /V)tl I L ) 'Z i4v 42 ,766 oy kk F 01 dd rillable FRONTAGE ON WATER Voodland FRONTAGE ON ROAD Meadowland DEPTH -Iouse Plot BULKHEAD rotal ar o�oSUFFoc��o ELIZABETH A.NEVILLE,MMC Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 COD = Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS p • Fax(631)765-6145 MARRIAGE OFFICER �' O� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ��d �a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 12, 2021 RE: Zoning Appeal No. 7505 Transmitted herewith is Zoning Appeals No. 7505 Patricia C. Moore for Richard Kalich: —/—Notice(s) of Disapproval _The Application to the Southold Town Zoning Board of Appeals ,/ Applicant's Project Description Questionnaire Correspondence- Certificate(s) of Occupancy Building Permit(s) Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, etc.) Misc. Paperwork- Copy of Deed(s) Findings, Deliberations and Determination Meeting(s) Agricultural Data Statement Short Environmental Assessment Form Board of Zoning Appeals Application Authorization Action of the Board of Appeals Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) ILWRP Consistency Assessment Form Photos Property Record Card(s) Maps- YSurvey/Site Plan Drawings i i Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 04/12/21 Receipt#: 279443 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7505 $750.00 Total Paid: $750.00 Notes: Kalich, Richard (74.-1-35 52) Payment Type Amount Paid By CK#10727 $750.00 Moore, Patricia Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Moore, Patricia 51020 Main Road Southold, NY 11971 Clerk ID: JENNIFER Internal ID:7505 1 �1 4%b �q a , , ,:� M�►r,�� •�*,. Vii. .z. - � _ )a n t r a �.. a �t}?e a� ��• 1 1 � r +• r 40 r { q, c. r., t L µ� y � Fuentes, Kim From: Joseph Goldstein <joseph.goldstein@jgarc.com> Sent: Wednesday,July 14, 2021 4:04 PM To: Fuentes, Kim Cc: Patricia Homan Subject: Variance - Richard Kali #7505; oning Board of Appeals Special Meeting 7/15/2021 Attachments: Kalich Variance Letter. Southold ZBA Chairperson Leslie Weisman c/o Kim Fuentes: With reference to the variance application of Richard Kalich#7505, and the Zoning Boards of Appeals Special Meeting on 7/15/2021, please find the attached letter. Respectfully, D J-p � Joseph Goldstein JUL 1 5 202 l 4625 Blue Horizon Bluffs Peconic, NY 11958 ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. -- 1 Joseph Goldstein 4625 Blue Horizon Bluffs Peconic, NY 11958 July 13, 2021 Southold Town Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: Richard Kalich variance#7505 Dear Members of the Board: I am an owner of the property 4625 Blue Horizon Bluffs, located two lots west of the Kalich property. Additionally,to access my property, I, along with the other soundfront lot owners comprising our neighborhood,share a dirt road right-of-way through the property of Ken and Patricia Homan. I am writing this letter to state to the Board that I am not in favor of granting the requested variance for the following reasons: --the proposed house's relatively large size is significantly out of scale with the much more modest sized houses, cabins and cottages in the neighborhood;and the variance, if approved, would allow this undesirable change even further erode the character of this unique neighborhood. --out of concern that the proposed house without any stabilization of the bluff, such as a bulkhead and large rocks, will certainly have an adverse effect on the larger bluff area, including over time,the stability of the neighbors'existing property. Much of the Dickerson property to the west does not have great depth,and ultimately,without stabilization of the neighbor's bluff, it is not hard to imagine that the Dickerson cottage would be lost. For these reasons, I respectfully request that the variance be denied. Sincerely, Joseph Goldstein ZONING BOARD APPEAL TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF Kalich MAILING Applicant's Land Identified as 1000-74-1-35.52 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, JULIA SPANBURGH, residing at Riverhead, New York, being duly sworn, depose and say that: On the 14TH Day of June, 2021 deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the persons listed on the attached list at the addresses set below their respective names; that the addresses set below the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said notices were mailed at the United States Post Office at Southold, New York, that said Notices were mailed to each of said persons by CERTIFIED MAIURETURN RECEIPT. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. L A PANBURG,4 A,_ Sworn to before me this 6 day of 3jn e,c Pa, & -19 L ( or lic) BETSY A;PERKINS Notary Public,State of New York No.01 PE6'130636 Qualified in Suffolk County S Commission Expires July A Kalich Neighbor List SCTM: 1000-74-1-35.52 1000-74-1-35.57 Kenneth & Patricia Homan 100 Blue Horizons Bluff Peconic, NY 11958 1000-74-1-35.51 Charlotte Dickerson 460 Paddock Way Mattituck, NY 11952 1000-74-1-35.53 \ Brennan &Carly Albano 105 W 13th Street Apt 17 A New York, NY 10011 L RECEIPT RECEIPT �, :!CEIPT 7 1-- 3790279066900002607 szla 7902 7906 ssoo oozs sa 02 7906 ssoo oozs 91 iLAW OFFICES ROM FROM s MOORE LAW OFFICES I MOORE RE kalich zba j MOORRE LAW OFFICES RE kalich zba RE kalich zba i � I I SEND TO: SEND TO _ �� ! Kenneth&PatrL6`aUH6ma'fi�� ,- I SEND TO. Brennan&Carly Albano M 100 Blue Ho'r ons,Bluff S Charlotte Dickerso 1 105 W 13th Street Apt 17 A �3 O` t,- ( j I New York NY 10011 Peconic Y 1 58 �� 460 Paddock'$Oy�.� a /►v✓J I Mattrfuck NY111952 114 %W FEES: I ��� FEES1 ��,®Z FEES �r N(>` f C 1 �nz eC� i Postage 050 Postage ` 0 50� t"` B U4pZn7' 0 50 Certified Fe?, "' -3 55 Certified Fee- 3 55 �' Postage 531b Return Receiptd �5285� Return Re t{ 2'89�� Certrfiedie 3 55 I Restrictedyh v� Restricted N O ' Return Rem\t ?851•' /�� �� li i Restricted 1 A N 'p i i� TO'Tm L $6.90 TOTAL $6.90 I /I TOTAL $'6.90 P& MA q)Ik bA&E- POSTMARK OR DATEo POSTMARK OR DATE V AN I > �I ® ❑Agent ' ture i , MOORE LAW OFFICES _ ❑Addressee I `5'102-0 'MA7IN -R6A•D X` S O U T H O L D NY 11971 eived by(Punted arae) C. Date of Dehvery QLD O ' 1. Article Addressed to: D. Is delivery address different from item 1? 13 Yes If YES,enter delivery address below: ❑No CHARLOTTE DICKERSON 460 PADDOCK WAY MATTITUCK NY 11952 _ �+ N 1 L. co Cd IIIIIIIIIIIII IIIII 111111 IIIIIIIIII � �� IIIIIIIII , 9290 9902 7906 6900 0025 95 �1Vvi ransfer,from service label), 3 Service Type;, N Certified Mad® ❑Certified Mad® 2. ArticleT;Number,( i i > Restricted Delivery 9214 -7902 79'06 6900` 0025 '91' PS Form 3811 Facsimile, July 2015 Domestic Return Receipt ro"07131134=11 ® o o MOORE LAW OFFICES A Signature gent i _ ❑Addressee' I -5'10-20'M'A-IN-"1R O A A SOUTHOLD NY 11971 C Dateo�Dely. B. R (Printed N me) `/�� i �rc.1t+J �L t` o I 1 Article Addressed to. D. Is delivery address different from item 19 ❑Yes If YES,enter delivery address below ❑No KENNETH & PATRICIA HOMAN 100 BLUE HORIZONS BLUFF PECONIC NY 11958 I i k i IIIIIIIIIIIIIIIII - IIIII IIIIIIIIIIIIIIIII IIII 9290 9902 7906 6900 0025 ''88 a 3. Service T e N Certified Mad® ❑Certified Mad® 2 arc Le4Nu�"fTraq�sfeGf�omUselYlcd'V 2 5 8 4 _ yP Restricted Delivery I `1 UU 22 99 U `I LI U 0 .V,u y;. i PS Form 3811 Facsimile, July 201 1111 Domestic Return ReCrlaipt f i USPS Tracking® �`} FAQs > Track Another Package ♦ Tracking Number:9214790279066900002607 Remove x Label Created, not yet in system A status update is not yet available on your package It will be available when the shipper provides an update or the package is delivered to USPS. Check back soon. Sign up for Informed Delivery®(https://informeddelivery.usps.com/box/pages/intro/start.action)to receive notifications for packages addressed to you. Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. T M (D C. FAQs x 1 TOWN OF SOUTHOLD - ZONING BOARD OF APPEALS- SOUTHOLD,'NEW YORK-" AFFIDAVIT OF In the Matter of the Application of: POSTING K-1 L I C H, V-1 C K el p—b SCTM No. 1000- (Name of Applicants) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK <�4 /I residing 6,+t) �C ,New York, being duly sworn, depose and say that: I am the (�K) Owner or( ) Agent for owner of the subject property On the o�� day of ,� C1,> , 20 Zf I personally placed the Town's Official_ Poster on subject property located at: ��� � �✓ (ve �b�,� �� .��-Ivy . indicating the date of hearing and nature of application noted thereon, securely upon subject property, located ten(10)feet or closer from the street or right-of-Way (driveway entrance) facing the street or facing each street or right-of-way entrance,* and that; I hereby confirm that the Poster has remained in place for seven(7) days prior to the date of the subject hearing date, which hearing date was shown to be -,TLk 1 j4 - L I (Owner/ nt Signature) Sworn to before me this 0 Day of ,20 PATRICIA C MOORE NOTARY PUBLIC,STATE OF NEW YORK Registration No.01M04861668 (Notary ublic) Qualified in Suffolk County, �2 My Commission Expires June 16,-� * near the entrance or driveway entrance of property, as the area mostuisible to passerby - �ti ' (yyam�,, ,Y..� J,. � { • ':t' �'_ r � e. �' - '�. � o- tis 4 � ..',► `F. f L�••, �`�;:•. .4K. •` �� /7f•s.ee .. r+ •• '� •. .ice}.1, Na e•�Z t, • i ear , v'�' rr. ♦ " k Y5 '�+ fir' �: J � V `� �w ,;� sr'•�r it- .g: � � v :. wi ,i ''�! ;�t� 'iJ�yy X C' M+'r41 � t� � at a �t ,. �w pan :e, b r ':� .� �,�x4r ,,�#t t �'�� sC,17 k:4 ,{�i,.` r�����t91 •rr'��t� � . :�5�t � � -``*X.�,� D�/�` _.it7X A ,• • ���1 arr�� '1' :n 4 `t '` ` � � �!"` w� �.. '�t t.. I' �Y ray j 1 � 7l+�I LI Uf IC-5 7ab6c5f6-13ef-45a4-a4e4-3689203d54bc kimf@southoldtownny.gov southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICESOUTHOLD TOWN ZONING BOARD OF APPEALSTHURSDAY,JULY 1, 2021 at 1.0;00 AMPUBLIG HEARINGS This PUBLIC HEARING will be held virtually via the Zoom online platform. Pursuant to Executive Order 202.1 of New York Governor Andrew Cuomo in-person access by the public will not be penhitted.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 Towh's website agenda for,this meeting which may be viewed at http://www.southoldtownny.gov/agendecenter. Additionally.,there will be a link to the Zoom Webinar meeting at http://www.southoldtownny.gov/callendar,.aspx. 10:00 A.M.-PHILIP LORIA#7498- Request for Variances from Article XIi, Section 280-18;Article X111, Section 280-56;and the Building Inspectot's February 5,2021 Notice of Disapproval based on an application for a permit to constrpct-a three story single famity.dwelling; at 1)located less than the code required front yard setback of 35 feet; 2),located less than the code required rear yard setback,of 35 feet; 3) located less than the minimum side,yard setback of.25 feet;4)more,than the code permitted maximum two'stories;located at: 1090 First'Street;New Suffolk, NY,'SCTM No. 1000-117-7-31.10:1'0 A.M.-RICHARD KALICH#7505 Request for Variances from Article III;Section 280-15;Article IV, Section 280-18;and the Building Inspector's March 8,,2021 Notice of Disapproval based on an application fbr'a permit to construct a 'single family dwelling and an accessory spa;at; 1)dwelling is located less than the code required minimum.combined side yard of 35 feet; 2)accessory spa is located in other than the code permitted rear yard; located at:4660 Blue Horizon Bluffs, (Adj.to Long Island Sound) Peconic, NY. $CTM No. ''1000-74-1-35.5210;20 A.M.-MARK HOFFMAN,AND JOHN PIERCE47507SE Applicant requests a Special Exception under.Article 111 Section 280-136(14).The Applicants are the offers,requesting authorization to establish,an Accessory Bed and Breakfast,accessory and incidental to the residential occupancy in this single-family dwelling,with four'(4)�bedrooms,for lodging and serving of breakfast to the B&B casual,transient roomers..Located at: 47100 NYS Route 25 &South Harbor Lane, Southold, NY. S0TM#1000-69-6=11. 10.30 A.M. -LINDA DAMBASSIS#7509- Request for Variances from Article XXII, Section 280-116A(1) and the Building Inspector's October 22, 2020,Notice of Disapproval based on.an application-for a permit to legalize as built additioris/alterations to-an existing single family dwelling and to legalize two (2)as built accessory decks; at; 1)dwelling is located less than the code required 100 feet from the top of the bluff,2)accessory decks are located seaward of the top of.the bluff; located at:2430 Dignans Road,(Adj.to Long Island Sound)Cutchogue, NY.SCTM No. 1000-83- 2-7,2.10:40 A.M. -JACOB WYLIE#7512-Request for Variances from Article XXIII,Section 280-124; and the Building Inspector's March 5, 2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at; 1)located less thanthe code required front yard setback of 35 feet; 2) )located less than the code required minimum side yard setback of 10 feet; 3) located less than the code required rear yard setback of 35 feet; 4)more than the code permitted maximum lot coverage of 20%; located at: 140 Mechanic Street,Southold, NY.SCTM No. 10007.61-4-34.10:50 A.M.-MICHAEL A. BOYD AND LISA T. BOYD#7511 -Request for a Variance from Article III, Section 280-15; and the Building Inspector's February 19, 2021 Notice of Disapproval based on an application for a permit toconstruct an in-ground swimming pool;at; 1) located in other than the code permitted rear yard;located at: 12950 Oregon Road,Cutchogue, NY. SCTM No. 1000-83-3-3.1.11:00 A.M. -NEIL P.STRONSKI #7513 -Request for a Variance from Article XXII, Section 280-116A(1) and the Building inspector's April 12, 2020 Notice of Disapproval based on an application for a permit to demolish and reconstruct a single family dwelling; at; 1) located less than the code required 100 feet from the top of the bluff; located at: 7025 Nassau Point Road,(Adj.to Little Peconic Bay)Cutchogue, NY. SCTM No. 1000-111-15-10.1:00 P.M. -ANDREAS PFANNER#7501 — Request for Variances from Article III, Section 280-15; and the Building Inspector's January 21, 2021, Amended February 9,2021 Notice of Disapproval based on an application for a permit to legalize two (2) "as built" existing sheds; at 1) both sheds located in other than the code permitted rear yard; located at: 2725 Harbor Lane, Cutchogue, NY.SCTM No, 1000-136-1-24.2.1:10 P.M.-ANDREAS PFANNER #7502—Request for a Use Variance from Article III, Section 280-13(C) and the Building Inspector's 356 7ab6c5f6.13ef-45a4-a4e4-3689203d54be kimf@southoldtownny.gov southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times January"-21,2021,Amended February 9, 2021 Notice of Disapproval based on an application for a permit to construct alterations to an.existing accessory garage to convert to,an office/workshop; at 1) proposed conversion does not constitute a permitted accessory, use; located at:27.25 Harbor Lane, Cutchogue, NY. S'CTM No. 1000-136-1-24.2:1:20 P.M, =JULIA KIELY#7508-Applicant requests`a Special Exception under Article III,Section 280-1315(13). The Applicant is owner of subject property requesting authorization'to,establish an Accessory Apartment In an existing accessory structure;at: 16045 NYS Route 25, Mattituck, NY.SCTM#1000-115-1 7.The Board of Appeals will-hear all persons or their representatives,desiring to be heard at each hearing, alidlor desiring to subrolt-written statements beforo the conclTuslon of=each hearing. E6ch hearing"will not start earlier thdn designated above.. Files are available for review on The Town`s Weblink1Laserfiiche under Zoning Board of Appeals`(ZBA)\Board Actions\Rending. Click Link: http:/f24,38.28:228:2040/we6link/Brbwso.asp) ?dbid=o,-C'66taat our office at(631`).76'5-1869,or by email: kimfga6utholdtownny.govDated: ,June 17;=2021Z41V,1NG BOARD OF;ARPEALS,L'ESLD=• XANES WFi6MAN', CHAIf2PERSQNBY', Kim.E. Fyerite'64-V5-M'i' Road(t?ffice,LQCatio�j;P:Q.Box 1140,',to41;hblo,NY 11971,-0969 357 7ab6c5f6.13ef-45a4-a4e4-3689203d54bc kimf@southoldtownny.gov ,AFFID"IT OF PUBLICATION The Sdffolk Times State of New York, County of'Suffolk;, The undersigned is the authorized designee of Andrew Olsen,the publisher of The Stiffcilk Tirfies, a Weekly Newspaper published in Suffolk County, New York. I certify that the public notice, a Printed copy of which is aftached hereto,was printed antipublished in this,newspaper on the foll_p't+aring dates: June 24,2021 This ney�sp;6per h-as-b�efOn�designated,by the C'ou6fiy'Clerk of,3uffoiDt,Gounty,,as a h wspalier;df record arc fhfs,cQurity;arid- so li,is�ligibl09,1?ublish,succi notices. ,� f;i Signature Eliot T.'Putr'iam Printed Name Subscribed and sworn to before me, This 30 day of June 2021 ot6'ry, ignatu e 00 STATE '�',��% OF NEW YORK '. NOTARY PUBLIC' Notary Public Sta!nPALMAM n'. mxt.el4x+1� •• rc 0 I,dillil 11 ii ll{Ilii, 355 Charlotte Dickerson SCTM: 1000-74-1-35.51 Appeal No. 5256 4 -4- --7 FORM NO. 3 NOTICE OF DISAPPROVAL DATE:September 3, 2002 TO: Charlotte Dickerson 4630 Blue Horizon Bluffs Peconic,NY 11958 Please take notice that your application dated August 29,2002 For permit to relocate an existing nonconforming single family dwellin&at Location of property 4630 Blue Horizon Bluffs.Peconic NY County Tax Map No. 1000-Section 74 Block 1 Lot 35.51 Is returned herewith pnd disapproved on the following grounds: The proposed relocation to a non-conforming single family dwelling.on this nonco_nfornung 66.647 square foot nonconforming parcel in the R-80 District, is not permitted vursuant to Article Xx11L Section 100-239.4A.1, which states "All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set bac_k not fewer than one hundred(100) feet from the top of such bluff or bank.", The existing single-family dwelling.has an existingse` tback 7 feet from the top of bluff at its closest point. Following the proposed re-location:the sin e-family dwelling will have a setback of 24 feet from the top of the bluff. In additiom the vrovosed relocation of the single-familv dwelling,is not permitted pursuant to_Article_ IIL Section 100-33 which states "In the Agricultural-Conservation District and Low-Densitv Residential R-80 R-120 P,200. and R-400 Districts,accessory buildings and structures or other accessory uses shall be,located in the required rear yard." According to 100-33 C., "In the case of a waterfront parcel,accessga buildings and structures May be located in the front yard,provided that such buildings meet the front yard setback requirements as set forth by this code." The proposed relocation of the existing single-family dwelling will vlace an existing shed,which is currently located in the front yard,into the side Yazd. Total lot coverage,following the proposed addition,would remain at+/-3 percent APPEALS BOARD MEMBERS VIVO Town Hall Lydia A.Tortora,Chairwoman 53095 Main Road Gerard P. Goehringer CIO, P.O. Box 1179 George Horning Southold,New York 11971-0959 Ruth D.Oliva �'� . � . ZBA Fax(631) 765-9064 Vincent Orlando Telephone(631)765-1809 http://southoldto net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MAY, l MEETING OF APRIL 17, 2003 ttt���CCC outhold'T, Uer C Appl. No. 5256 - Charlotte Dickerson. Property Location: 4630 Blue Horizon Bluffs, Peconic; Parcel 1000-74-1-35.51. 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION:.The applicant's 73,629 sq. ft. parcel with 48.64 ft. along a private right-of-way, extending 4332.44 feet from Middle Road (C.R. 48) in Peconic. The property is improved with a cottage situated at +-6 ft. from the top of the bluff and 42 feet from the southerly property line-at its closest points, and accessory shed at+-30 feet from the top of the bluff and +-15 feet from the east side property line. BASIS OF APPLICATION: Building Department's September 3, 2002 Notice of Disapproval, citing Section 100-239.4 and 100-33C, in its denial of a building permit for: (a) the proposed new location of a dwelling, replacing the existing building, with a setback at less than 100 feet from the top of the bluff of the Long Island Sound, and (b) a proposed accessory building in a side yard area FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 16, 2003, February 6, 2003 and April 3, 2003, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to relocate the existing cottage landward of its existing location and less than 100 feet from the top of the bluff of the Long Island Sound. Applicant's 10-16-02 survey prepared by John C. Ehlers, L.S. updated 11-21-02, originally planned a setback at 24 feet from the top of the bluff. Subsequently, applicant submitted a 4-9-03 revised survey proposing a new location of the cottage at 36 feet from the top of the bluff at its closest point, 20 feet from the closest (south) property line, and approximately 45 feet from the east property line. The accessory building is also shown on the survey at +-30 ft. from the top of the bluff, as exists. 1 Page 2—April 17, 2003 Appl. No 5256—Charlotte Dickerson 74-1-35.51 at Peconic REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Applicant's cottage is being relocated landward from the top of the bluff on this somewhat small, uniquely shaped parcel fronting along the Long Island Sound. During the hearings, testimony was taken from both the applicant's husband and neighbors regarding the proposed placement of the existing cottage. The Board request that the location be moved farther back from the top of the bluff to a location that is more conforming (36 feet instead of 24 feet), and this location would allow the applicant to create a greater buffer between the cottage and the top of the bluff at less risk. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. For the record at the first hearing the applicant indicated that over$50,000 was spent replanting the bluff and bulkheading along the toe of the bluff. The parcel is small and variably shaped. The only alternative for the applicant to pursue are the two applications before the Board for the cottage relocation and shed location. 3. The amount of relief is substantial based upon present code requirements, in that the present code requires a 100 ft.,setback from the top of the bluff. The Board's request to relocate the cottage at 36 feet instead of 24 feet presents a 64% reduction of the code requirement. 4. The difficulty is self-created based upon the present location of the cottage at 6 ft. from the top of the bluff, the requested 36 feet from the top of the bluff, and the code requirement of 100 feet. 5. No evidence has been submitted to suggest that the proposed increased setback of the cottage, or maintaining the location of the existing accessory shed, will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new location of the cottage/dwelling, 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 Goehringer, seconded by Member Orlando, and duly carried, to Page 3—April 17, 2003 Appl. No. 5256—Charlotte Dickerson "� J 74-1-35.51 at Peconic DENY the relief requested to relocate the cottage at 24 ft. setback from the top of the bluff, and to GRANT Alternative Relief to relocate the cottage at 36 feet from the top of the bluff, and maintain the existing location of the accessory shed, as shown on the 4-9-03 map prepared by John C. Ehlers, L.S. 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. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Horning, and Orlando. (Absent was Member Oliva.) This Resolution was duly ado tetl 4-0 . Lydia oriora, Chairwoman—Approved for Filing 5/ b /03 ;M SURVEY OF LOT I SUBDIVISION MAP OF � BLUE HORIZONS FILE No. lg74 SITUATE: PEGONIG TOWN: SOUTHOLD SUFFOLK COUNTY, NY SURVEYED 10-16-2000 AMENDED II-21-2000, 1 09-05-0I,row added 0I-05-02 prop,hse.01-16-02 SUFFOLK TAX 1000-T4-1-35,511-5551 CERTIFIED TO: � ;I CHARLOTTE pi-KE-R50 ' A � P' �.cpv 1, 4A ,I Off. 2 ! 05 'may 00 '00 OOT L67 LOT Cx0 p 00 ROADAAI" IV-520341N T soh m t -L -v (Ckpr.SDYI Il%'vv E. Sheehan SCTM: 1000-123-7-11.1 Appeal No. 5216 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY,DECEMBER 12,2002 NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, December 12, 2002, at the time noted below (or as soon thereafter as possible): 6:40 pm Appl.No.5216- E. SHEEHAN. This is a request for a Variance under Section 100-242A and 100-33, based on the August 19, 2002 Building Department's Notice of Disapproval. Applicant is proposing an expansion and increased height of the existing accessory structure located at less than 10 feet from the rear lot line, and at less than 75 feet from the bulkhead.Location of Property: 640 Park Ave,Mattituck; 1000-123.-7-11.1 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. The above files are available for review between 8 and 3 during regular Town Hall business days. If you have questions, please do not hesitate to call(631)765-1809. Dated: November 25,2002. Southold Town Board of Appeals 53095 Main Road P.O.Box 1179 Southold,NY 11971-0959 (tel.631-765-1809) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOI-D,N.Y. NOTICE OF DISAPPROVAL DATE: August 19,2002 AMENDED: November 20,2002 TO: Samuels A/C Sheehan 25235 Main Road Cutchogue,NY 11935 , a��- - — Please take notice that your application dated August 16,2002 For permit to construct an-open second story addition above an existing.nonconforming accessoly building on-a conforming 146,361 square foot-parcel in the R-40 District at Location of property: 640 Park Avenue,Mattituck,NY, County Tax Map No. 1000-Section 123 Block 7 Lot 11.1 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article)CKIV Section 100-242 A.,which states, "'Nothing in this article shall be deemed to prevent the remodeling,reconstruction or_enlLgement of a non-conforming building containing a conforming use,provided,that such action does,not, create M new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining-to such buildings." Therefore,the proposed construction is not permitted pursuant to Article=Section 100-239.4B. which states; "All buildings located on lots upon which a bulkhead, concrete wall,riprap or similar structure exists and which are adiacent to tidal water bodies other than sounds shall be set back not less than seventv-five (75) feet from the bulkhead." The existing non-conforming structure has an existing setback of nine feet from the wood bulkhead. By enclosing the structurewitha roof, the applicant will be increasing the existing non-conformityby —__-, maintaining the nine-foot setback.In addition,the proposed construction is not permitted pursuant to Article III, Section 100-33, which states, "On lots containing in excess of seventy-nine thousand nine hundred and ninety-nine square feet, such buildings shall be set back no less than twentv 1201 feet from any yard line." .The existing non-conforming structure has a rear yard setback of nine feet. By enclosing the structure with a roof,the applicant will be increasing the existing non-conformity by maintaining the nine-foot setback. Total lot coverage, following the proposed construction,would not increase. This Notice of Disapproval was amended on November 20,2002 to reflect,more specifically,the scope,of the proposed work. Wd�onze� ature Note to Applicant: Any change or deviation to the above referenced application,may require further review by the Southold Town Building Department. .CC:ZBA,File WHOLE Vou WERE our FORD TIME PHONED t - ORREMRWD A, Q FAX YOUR GALL Y PHONE Q nwsuE - AREA CME ,.rdstary _ PLEASE MESSAi^.-.E V Ii LCAtL AC,AiN ' CAME:Td SEE YOU WANTS Til SEE YOU SIG ECJ VS FORM 4a)B ' APPEALS BOARD MEMBERS _ gUFFDj�-� • �G Southold Town Hall Lydia A..Tortora,Chairwoman :: 53095 Main Road ©M Gerard P. Goehringer ca P.O.Box 1179 George-Hozning Southold,New York 11971-0959 Rutl%D. Oliva ° ZBA Fax(631)765-9064 Vmcent OrlandoTelephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 9,2003 Appl.No.5216—ROBERT and ELIZABETH SHEEHAN Property Location: 640 Park Avenue,Mattituck 123-7-11.1 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. -PROPERTY-FACTS/DESCRIPTION: The applicant's property is located at the southerly end of Park Avenue. The property'is improved with a single-family, two-story frame dwelling, inground swimming pool, and accessory structure, all shown on the survey dated August 17, 1995 prepared by Rampart Surveying. This 3.36-acre lot consists of Lot 9 and part of Lot 8, shown on the Map of Marratooka Park filed May 1914 (and 1905)in the Office of the Suffolk County Clerk. BASIS OF APPLICATION: Building Department's August 19, 2002 Notice of Disapproval, amended November 20, 2002 to reflect the scope of the work shown on the Site Plan dated 6-3-02 prepared by Thomas C. Samuels,Architect. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 12, 2002, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA-VARIANCE RELIEF REQUESTED Variances were requested under Section 100-242A and 100-33, based on the Building Department's August 19, 2002 Notice of Disapproval, with respect to roofing and expansion of the existing accessory structure near the bulkhead and rear property line After discussions with the applicant's architect at the December 12, 2002 hearing regarding an alternative setback location, applicant submitted an amended plan to move the proposed roof covering with new deck below, back from the water's edge, entirely behind the existing deck. This moves the requested roof an additional 19 ft. from the bulkhead, leaving a minimum setback from the bulkhead at 28 feet. (See letter dated January 6, 2003 to the ZBA from Thomas C. Samuels Architect,with revised plan attached,as Sheet"1") REASONS FOR BOARD ACTION : On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: Page 2—January 9.2003 Appl. No. 5216—R. and E. Sheehan 123-7-11.1 at Mattituck 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 is primarily developed with older homes on large lots. The applicant's lot consists of 146,361 ft. lot bordering on Peconic Bay. All the lots to the East and West are bulkheaded. 2. The benefit sought by the applicant cannot be achieved by some other method, feasible for the applicant to pursue, other than a variance. The property has an existing non-conforming structure situated nine feet from the wood bulkhead. Under Article =H, Section 100-239,4B all buildings located on lots which have a bulkhead,wall, riprap or similar structure and are adjacent to tidal waters shall be set back not less than 75 feet. In addition the proposed construction is not permitted pursuant to Article 111,Section 100-33,which states, "On lots in excess of seventy-nine thousand nine hundred and ninety-nine square feet, such buildings shall be set back no less then twenty feet from any yard line."The existing non-conforming structure has a rear yard setback of nine feet. By enclosing the structure with a roof, the applicant will be increasing the existing non- conformity,by maintaining the nine-foot setback. 3. The variance granted herein is substantial in relation to the code requirement. However it is not substantial as an existing deck. Applicant has agreed to move the deck and the proposed roof back from the water's edge nineteen feet from the bulkhead for a total of 28 feet. The original deck will remain in place. 4. The alleged difficulty has been self created because the code requirements have been in place since 1989. 5. No evidence has been submitted to suggest that the relief granted will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy a covered deck, 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 Tortora, seconded by Member Orlando, and duly carried,to Deny the variance as applied for, and to Grant Alternate Relief for a setback at least 28 feet from the bulkhead at its closest point, as shown on the amended plan (revision date not noted), attached to the January 6,2003 letter to the ZBA by Thomas C. Samuels. Vote of the Board: Ayes: Members Tortora(Chairwoman),Goehringer, Orlando and Oliva. • Page 3—January 9.2003 ' Appl.No. 5216—R and E. Sheehan 123-7-11.1 at Mattituck (Member Horning of Fishers Island was absent.) This Res was duly adopted(4-0). Lyd' A.Tortora, C airwoman 1-,?e03 BY n To fad i 1 Rivka Schoenfeld SCTM: 1000-74-1-35.56 Appeal No. 6978 } I � bQ r3lue PeCrmtc ACX1r Se-6o ass— /1&A BOARD MEMBERS of SiSouthold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179, . _ Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer cn_ Town Annex/First Floor,Capital One"Bank George Horning " + 54375 Main Road(at Youngs Avenue) Kenneth Schneider '�j� , Southold,NY 11971 http://southoldtown.northfork.net " ZONING BOARD OF APPEALSS BY , ' TOWN OF SOUTHOLD • Tel.(631)765-1809-Fax-(631)765-9064 puthold'Ta ub Clark" FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 15,2016 ZBA FILE#6978 NAME OF APPLICANT:Rivka Schoenfeld PROPERTY LOCATION:4760 Blue Horizon Bluffs,Peconic,NY SCTM#1000-14-1-35.56.' SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 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 X'14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 11,2016 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 DETERI�I1 ATION: 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 August 17, 2016. Based upon the information provided' on the LWRP Consistency Assessment Form submitted, as well as the records available, it is the recommendation of the Coordinator that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP.The LWRP states that the proposed action is not a water dependent use and the [proposed] new deck is located 15 feet to the CERA line. The bluff is actively eroding resulting in recession of feature. It is recommended that the Board require that the structure(s) be relocated further landward (100 ft from the top of bluff) to minimize future risk of property damage from erosion and/ or slope failure resulting from storm surge eroding the slope." SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT: The application was referred for an evaluation and recommendation. According'to the information provided in letter dated August 31, 2016, and following an evaluation conducted on August 8,2016,the Soil Technician advised that the bluff showed significant signs of erosion, among other characteristics and observed that the cottage has recently been moved. Recommendations include the need for bluff stabilization, restoration, and revegetation and to move the cottage landward. The Soil District Technician further advised that the proposal is a major ground disturbance and urged that precautions should be taken to manage sedimentation and erosion during clearing and construction and that a sediment and erosion control plan should be created prior to beginning construction. PROPERTY FACTS/DESCRIPTION: The property is a conforming 1.2178 acre waterfront parcel located in a Resort Residential district. The property has 110.57 feet of bluff frontage on the Long Island Sound. The parcel runs 68.94 feet along a right of way to the south. The easterly lot line measures 549.23 feet and the westerly property line measures 623.49 feet bordering adjacent residential parcels The property is improved with a one Page 2,September 15,2016 #6978,Schoenfeld SCTM No. 1000-74-1-35.56 story frame cottage and a stairway down to the bluff as shown on a survey prepared by Howard W.Young, dated October 5,2015, and last revised March 24, 2016,which also depicts the cottage relocation 40 feet landward from the top of the bluff. BASIS OF ,APPLICATION: Request for Variance(s) from Article XXH, Section 280-116A, and the Building Inspector's February 2,2016,amended April 18,2016 Notice of Disapproval based on an application for a building ,permit to relocate and make additions and alterations to-an existing cottage, at; 1)existing cottage to be relocated less than the code required setback of 100 feet from the top of the bluff,located at:4790 Blue Horizon BI'uffs,(Adj. to Long Island Sound)Peconic,NY. SCTM#1000-74-1-3,5.56 RELIEF REQUESTED: The applicant requests a variance to construct a dwelling with a distance from the bluff of +/-40 feet where town code requires a 100 foot setback. ADDITIONAL INFORMATION: Personal observations during site inspections of the subject property by the Members of the Board of Appeals shows that other property owners in the Blue Horizon BIuffs neighborhood have been building new houses at the code conforming 100 foot setback from the top of the bluff. The subject cottage was badly damaged by storm activity that also caused severe bluff erosion, and was relocated from the edge of the eroded bluff with emergency permits from the Southold Board of Town Trustees and the Southold Town Building Department in January 2016. .FINDINGS OF FACT/, REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 1,2016 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 §267-b(3)Qb)(1). Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Blue Horizons Bluff neighborhood consists of 6 very narrow, long parcels, originally improved with small waterfront cottages, with non-conforming bluff setbacks. However, the applicant proposes to build a much larger new home. The newer larger homes being built in the neighborhood have a code conforming 100 foot setback from the top of the bluff. 2. Town Law§267-b(3)(b)(2).The benefit sought by the applicant can be achieved by some method,feasible for the applicant to pursue,other than an area variance. The existing cottage has been moved from its original location and is prepared to be moved again. The applicant can relocate the cottage to a code conforming location, 100 feet from the top of the bluff,and construct proposed additions and alterations. 3. Town Law &267-b(3)(b)(3). The variance relief requested herein is mathematically substantial, representing 60%relief from the code.. 4. Town Law 6267-b(3)(b)(4) Evidence has been submitted to suggest that a variance in this residential community"will have an adverse impact on the physical or environmental conditions in the neighborhood. Comments from both the Town's LWRP Coordinator and Suffolk County Soil and Water Conservation District Technician warn of potential-erosion, loss and damage of the bluff area resulting from proposed construction occurring in close proximity. Furthermore, both agencies agree that the cottage and proposed new additions and alterations should be relocated further landward to 100 feet from the top of the bluff. 5. Town Law&267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the Page 3,September 15,20165 #6978,Schoenfeld SCTM No. 1000-74-1-35.56 limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. The applicant was also aware of the condition of the bluff at the time she purchased the property. 6. Town Law 8267-b. Grant of the requested relief is not the minimum action necessary to enable the applicant to enjoy the benefit of a new dwelling cottage 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 Goehringer, and duly carried,to DENY as applied for Vote of the Board.• Ayes:Members Weisman (Chairperson), Dantes,Horning, Goehringer. (Member Schneider not present)This Resolution was duly adopted(4-0). 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T; � ..1 4q i f”"r •:I+cr _.� .r'' �, i a �§NI #J dIK #}�,d. i rf .r}Q+J^ iti. 1 Ow f �t � 'fir 37 A' s' #dl ! $`' •s"�{ n$` 1, m }� IJ- + ± } i ( t I ( I1774 F 1' 'N I . I IIIA rr , I ',, I �. r •y'`„1 ti � r, I f� ruv-PRorot�D t� r ' _ .____ ...'— —£`�-m�YV—�- „„«�----_f :11RVCYOR•S GtRTITIGATIGN r _ ,1tr�1L'1�4itJ� +' ..«,.. �� 1 `� [..0 •{ `\�i�-eti�.,;� :�,r.1 SURVEY FOR RI cKAI SGHOENPELD IJcry YcrL fa t � �r,TION A-A-PF POMD IMPV4yW.M (;j cru_,i ��e�r.•a����I'3 y - Richard & Dolores Principi SCTM: 1000-74-1-35.55 & 35.52 Appeal No. 4225 �{��d U�l1lr j�J,�Jzd/✓ ,6tur=r- �•�GD�iG -� �5-`�:Z �'�" c�R,1.•af•,�. �.lJCvc,L��it/v CC�I7'/`f:�►/ fDA � d P- _��Ll.f r' �E�/if',y- �/1/E�-_oT .('• /r 7(�'t'/°Ti eN- �d __—_, /bC�-�_C�vTT/9(�� k�rTt�auT. ,���'�".�1�"r/�.•+l ff n-en", n VU , APPEAIS BOARD MEMBERS �0 CD Gerard R Goebringier,Chairman Serge Doyen,Jr. "w. at Thwn Hall, 53095 Main Road James Dinizio,Jr. P.O.Bax 1179 Robert A.Villa ��1 f'+� Southold,New York 11971 Richard C.Wilton Fax(516)765-1823 Telephone(516)765-1809 BOAxn of APPEALS Thlephone(516)765-1800 TOWN OF SOUTHOLD ACTION OF, THE 60ARD Appeal No. 4225; Application of RICHARD AND DOLORES PRINCIPI . This is a request for a variance based upon the Building Inspector's March 2, 1994, Noti-ce of disapproval concerning a building permit application to relocate a dwelling structure within 100 feet of the L. I . Sound bluff; ref. Article XXIII , Section 100-239.4A--1 of the Zoning Code. Location of Property: Lot #2 shown on the 1985 Map of Blue Horizons; also known• as 4660 Blue Horizon Bluffs Road, Peconic, NY; County Parcel ID 1000-74-1-35.52• WHEREAS, after due notice, a public hearing was held on April 6, 1994, at which time those who desired to be heard were heard and- their testimony recorded; and WHEREAS, the. Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1 . PROPERTY LOCATION: The premises in question is located a distance of approximately 3666 feet from C.R. 48, or Middle Road, along a private right-of-way -at Blue Horizon Bluffs Subdivision, Peconic, Town of Southold. This property is identified on the Suffolk County Tax Maps as District 1000; Section 74, Block 01 , Lot 35.52. 2. CHARACTERISTICS OF APPLICANT'S SITE: The subject premises is more particularly shown on the Map of Survey prepared by Roderick VanTuyl , P.C. dated November 3, 1993, and amended February 16, 1994; for this parcel . Shown is the top bluff at an elevation 38 feet above mean sea level , as well as low beach areas subject to flooding seaward of this bluff line, and the remaining variable contours. The dimensions of the lot are as follow; (a) frontage, or lot width, along the private right-of-way is shown at 49.67 feet; (b) a lot width i Page- 2 - Appl . No. 4225 Matter of Richard and Dolores Principi ZBA Decision Rendered May 4, 1994 along the ordinary highwater mark of the L. I . Sound of 108.34 feet, (c) the depth of the parcel from- the ordinary highway mark of the L. I . Sound to the private right-of-way is 872. 17 feet. 3. OTHER PROPERTY FEATURES: It is noted that a portion of the northerly upland area consisting of approximately 30 ft. x 105 ft- of upland area, or 3150 sq. ft. , of the premises is located within a restricted Coastal Zone Erosion area. The regulations under the Coastal Zone• Erosion Act (ref. Chapter 37) prohibits all new- residential and- other types of construction seaward of the Coastal Zone boundary line (30 ft. x 105 ft. of upland area) plus bluff sloping toward-the foot of the bank, and the- lowland areas - all shown, on the survey to be a distance ,south, approximately 126 feet from• the ordinary highway mark of the Long Island Sound. 4. VARIANCE REQUESTED: In this application, relief is requested for re-location of an existing seasonal cottage building -- which cottage building has been unoccupied since its temporary relocation from the edge of the bluff due to severe erosion and inadequate foundation support on the north side of the cottage. The present location of the cottage is temporary as a result of a Town Board proceeding and a public hearing held on September 21 , 1993 before the Southold Town Board concerning a violation of Chapter 45 and Chapter 90 of the Code of the Town of Southold, "Unsafe Buildings. " The requested re-notation is substantially different from its previous location before the heavy erosion, and different from- its present temporary location. The requested positioning is shown to be a distance 35 feet from� the present line• at the top of the bluff (or bank) and 15 feet from=the =easter 1 y s i de property -line. This position is shown to be south of the Coastal Erosion Hazard -line, but north of the existing power line. 5- CODE REQUIREMENTS:, Section 100-239.4 of the Zoning Code requires a minimum setback at 100 feet from the top of the bluff, or bank, of the Long Island Sound. The percentage of relief requested for a re-location, as requested and shown on this February 16, 1994 survey, is for a variance of 65 feet, or 65 percent, which is substantial in relation to the 100 ft. minimum requirement. Re-locating the existing cottage would involve the •placement of a new base supports (slab or similar as required by the N.Y.S. Building and Fire Code) , new electrical hook-up, water hook-up, cesspool hook-up, and suitable step areas for safe entry. It is the applicant's position that it would be very costly, in the area of $7,500.00 in a location other than as requested and further distant due to costs for new underground wiring and piping. However, no written proof of the ' ,Page- 3 - Appl . No. 4225 Matter of Richard and Dolores Principi / ZBA Decision Rendered May 4, 1994 J� sums claimed were submitted for consideration. The sanitary system and well water are not shown on the February 1994 survey. 6. OTHER BUILDING SETBACKS! Upon visiting the area and viewing the town records, it was noted that existing "seasonal " cottages are situated with similar setbacks as that proposed by this variance. However, it is also noted that the top of the bluff or bank of the L. I : Sound has eroded by at least 10 feet or more since January 1985 - which created the present closer setback for these cottages to the current bluff line. The Board is quite concerned with the safety of occupants as well as the stability of the bluff and this "seasonal" cottage- in light of the fact that due to Acts of God, s i m i,l ar hazards can happen at any time. This is the one of purposes of the enactment of Chapter 37 - Code for Coastal Zone Erosion controls concerning lots located along bluffs or banks of the L.A . Sound in-'the Town, of Southold. 7. OTHER AGENCY JURISDICTION: Other agencies which also have applications pending-, or which have taken action, are: a) Southold Town Trustees' variance under the Coastal Erosion Hazard Area -Law. - which is pending at thT s time. b) N.Y.S, Department of Envi-ronmental. Conservation Permit No. 1 -4738-00829/00001-0 issued December 13, 1993 ( initials DMG) pertains to conditional approval to re-locate the subject cottage to an area outside of the Coastal Erosion Hazard line and south of the LILCO power line; c) N.Y_S_ Department of Environmental Conservation Permit, as amended March 29, 1994 (GWH) to locate the subject cottage to an area north of the LILCO power line, within 100 feet of the bluff or bank of the L. 1 _ Sound. d) Suffolk County Department of Health Services (status unknown) to hook-up water and °cesspool extension to a proposed re-location. 8. OWNERS PROPERTIES: One of the owners of the subject property also has an interest, or interests, in adjoining properties and in the development for Blue Horizons Bluff Subdivision (stamped by the Southold Town Planning Board in 1985) . 9. EFFECTIVE DATE OF ZONING CODE PROVISION: For the record it is noted that the provision under the Southold Town Page-4 - Appl . No. 4225 Matter of Richard and Dolores Principi ZBA Decision Rendered May 4, 1994 Zoning Code pertaining to minimum setbacks from the top of the bluff or bank of the L. I . Sound became,. effective under Local Law No. 4-1985 added March 26, 1985. 10. VARIANCE STANDARDS: In considering this application, the following standards -must be considered: (a) Minimum Relief - the relief requested-'for a setback at 35 feet from the top of the bluff is not the minimum necessary to afford relief, and there is adequate land available to comply with the 100 feet (or more) requirement; (b) Uniqueness of the Land - the difficulties claimed in relation to the meeting the 100 ft. setback requirement is personal in nature to the landowners (relating to personal expenses involved for the modification in utility hook-ups beyond, or south, of the present LILCO power lines}; New York Town Law requires that the uniqueness be related to the land; (c) Relief - the relief to permanertt°ly locate the building 35 feet from the top of the bluff will in turn be adverse to the safety, health, welfare, comfort, convenience and order of its occupant(s) , as well as the town and nearby lands - since the rate of erosion has been increased during the last several years and there is no proof from appellants to show that there would not be further erosion at the same rate, or otherwise; (d) Alternative - the alternative for appellants to pursue for a permanent location is to locate this "seasonal building" landwar&of the 100 ft. setback line particularly when there is adequate land area available; (e) the approval of a temporary location rather than a permanent location, as applied, will not be detrimental to the health, safety, or welfare of the community, since it still would provide a benefit for the property owner to use his land for a zoning use allowabl-e in this Zone District and provide a further opportunity for the property owners °to consider a permanent location at a 100 ft. setback, or more, providing a safer location for a building without expending large sums of money for the temporary location during this re-evaluation period (five years) ; (f) the conditions for this variance and for all other agency permits must be carefully and faithfully followed by- the property owner {and their agents)- in order to prevent runoff or other discharge and to aid in preventing any adverse effect or impact on the physical or environmental conditions in this location; Page- 5 - Appi . No. 4225 Matter of Richard and Dolores Principi ZBA Decision Rendered May 4, 1994 l� (g) the appellants have not furnished evidence or sufficient information to show that the bluff is stable and that there is no other land area available for a yearround residence; appellants have- indicated, however, that the costs for a temporary location with the same-building, with "seasonal-" use and without major alterations, modifications or reconstruction, are minimal as compared to the location•of a permanent building; (h) the relief as granted will not be- adverse to the preservation and protection of the character of the, nei,ghborhood and the health, safety and welfare of the community - and will be re-evaluated five years from the date hereof if the building is proposed to remain. Accordingly, on motion by •Member Dinizio, seconded by Member Wilton, it was RESOLVED, to DENY the relief as requested for an insufficient setback in the-permanent relocation of a seasonal cottage at 35 feet from- the. top of the bluff, or bank, along the Long Island Sound, with the following exception: 1 . At the owners' own choice, liability, cost and expense, a temporary placement of the existing cottage building without expansion or enlargement -may, for a limited period-of up to five years, be located -a distance of 35 feet from, the top of the bluff shown on the May 24, 1993 survey map prepared by Roderick VanTuyl , P.C. subs ect to re-application and re-consideration by the Board of Appeals of the status and condition of_the bluff and the actual bluff" line i"n May 1999 which may ormay not be altered due to changes in future weather conditions; and subject further to all other agency approvals; one of the reasons for the five-year time period is to allow additional time for the applicant to show, by expert testimony and expert documentation from licensed- engineer(s) , proof as to the condition and stability of the land within 100 feet of the bluff, the rate of erosion both historically, currently and future soil changes, and other data necessary for this project, before the building is permanently in place, as well as providing sufficient burden necessary in meeting the 100-ft. setback requirement ( if any) ; and 2. During or before May 1999, the owners must reapply and submit evidence of the condition and stability of the bluff, for full and complete reconsideration of the temporary placement of the cottage construction if located within 100 feet from the top of the bluff, and until such time as a further determination is Page, 6 - App 1 . No. 4225 Matter of Richard and Dolores Principi ZBA Decision Rendered May 4, 1994 rendered under the subject reapplication, the cottage- structure shall remain unoccupied if an unsafe condition exists; and 3. At any time the building is found unsafe, the building must be vacated and remain unoccupied until all agencies have received and finalized applications and determinations concerning necessary improvements or further relocation from the bluff; and 4. No building construction activities shall take place until all agency approvals have been issued, in writing, including that of the Southold Town Building Inspector; and 5. No disturbance of the land area within 100 feet of the top of the bluff; and 6. Both side yards must remain open and unobstructed ,at all times for access by emergency and/or fire vehicles; and 7. Owners shall meet with the Suffolk County Soil and Water District to obtain recommendations that would aid in preventing erosion and which would aid in further stabilizing the top of the bluff area; and 8. When the subject building is rebuilt or replaced, it must be set back 100 feet (or more) from the- top of the bluff (as certified by an updated, certified survey) . Vote of the Board: Ayes: Messrs_ Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. a Ik w GERARD P. GOEHRINGER, CH MAN RECEIVED AND FILED BY THE SOUTHOLD TOV`•lAi CLERK DATES#�jy HOUR )a:3 D f Town, Clerk, Town of Southold d47 olw- e �t i x r W CNN FOAM HO.3 TOWN of SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL Date ,March 2, 94 . . .. . .. ... . To .. . , Richard Frincipi .. . ... . . .. .. . . .. 19 . . .. . ,.Box 495 '. . .. Amagansett, N.Y. 11930 PLEASE TAKE NOTICE that your application dated . . FEB. 15, 94 for permit to .RELOCATE A SEASONAL DWELLING . • . . . • . - . • • . . . • ' . . = .. • • . at Location of Property _ . 4660 BLUE HORIZON BLUFFS ROAD PECONIC, N.Y. House No. . . . . . . . . . . . .. . .. ' . . . . l. . . . . . . . . . . . . . . .. . . . . . . . . County Tax Map No. 1000 Section . , , 74 35.55 .Hamlet . . . .. . . . . . . $tock . . . . . . . . . . . . . . Lot . . . .. . . .. Subdivision . . .. . . . . . . .. . . . Filed Map Na. . • . . . . .. . . . . . Lot No. .. . ... .•. . . . .. . . . . is returned herewith and disapproved on the follotvinlyrounds . ALL BUILDINGS LOCATED ON LOTS b . . . . . . . . . . . . . . . . . .. . ADJACENT TO SODNDS.AND.UPON. WHICH_THERE•EXISTS.A.BLUFF OR BANK LANDWARD OF . .•.. THE SHORE OR BEACH SHALL. . • BESET BACK NOT.FEWERTHANONE HUNDRED (100). FEET . ... , FRO . . •MN THE TOP OF SUCH BLUFF OR BANK. CHAPT, 100-239_4 A ( 1) . . . . . .. . ... . . . . ACTION REQUIRED BY THE ZONINGB • . . .. BOARD OFAPPEALS • • . . . . . . . . . • . . . . . . . . .. . . .. • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .; . . . . . . . . . . . . . . . .,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , d1xs In-spector. - . .t; Y J. FISH RV I/80 TOWN OF S4tfTIiQLLt, NISW Y0 p�W f— —l` APPEAL FROM DECISION`OF BUILDING INSPECTOi! " f X00 APPEALNO. /A DATE F..��.�' !-..( TO THE ZONING BOARD 0 APPEALS; N OF 5t' , N. 1, ehie) ................. .of .,er'rkv.....� 4' .......AP..R..1.�.2�0 Nome of,Atptpell t Street and Number ............. . l � .r''.��,.... . . ...........;.. /Y:T..... H IGm Municipo.ty Sfot$- THE ZONING BOARD OF APPEALS FROM THE DECISION"OF, "„BUIL.I MPECTOR ON APPLICATION FOR PERMIT NO. DATED ..... f. ....... WHEREBY THE BUILDING INSPECTOR DENIED TO eCAMII .I'�....,Avl nr..�l.,tr/r{sw....... Name of Applicant for permit of Street and Number Munlilpollty} State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY I. LOCATION OF THE PROPERTY .. ', .. �f .TIR�s ,. 5,,.. ..Ga .*c ..fry Street Nam�et, Else District66"' oning Map District 1000 Section ��jj Block Lot ./ ... �........!�` tC?ent Owner . fsc�----- .... Mop No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinanee.) Article Section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE`to the Zoning Ordinance or Zoning Mop ( } A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Lows 'Art. 14 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (ho (has not been made with.respeet to this decision of,the•Bullding Inspector or with respect to this+property. Such appeal wat ( ) request for a,speclol,permit ( ) request for a variance and was made in Appeal N0. ................................Doted...................................................................... REASON FOR APPEAL ( ) A Vprlance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that J (70. For IP� corm zst (Continue on other side) 5 REASONS FOR AREA VARIANCE ONLY (.to be comFleted by AnDii+cant)E. Do-not use these standards for "use variance" or "special exception." (Also attach sheets if necessary, with signatures.) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area -.varian lce BECAUSE: We /�� �o ,woD,e ,4o ere_ Act �� //`� 71zp Surd,,. 'idve-e Kofi LL/,, pae-r- C/,A� 3. The amourZf relief xegueptid 1"a ;not substantial BECAUSE ,w®ate gidl�J s �i Setc �'� s�iCc�t « Efl be /avyD,r� Es 't + ,.v r�oN�•1��,/S moo ' 4. The, variance will NOT keave'ai'Zd erse effect or impact on the physical or environmental dondit_Ion_s in the neighborhood or district BECAUSE' 5. Has the alleged difficulty been self-created? ( ) Yes. ( No. 6. This is the minimum that is necessary and, adequate,, and at the same time preserve and protect the "chesacter'®t tl►e rit the health, safety and welfare'of the community. , STAVE OF NEW YORK) COUNTY OF SUFFOLK) (Applicano U Agent must attach written consent from owww. Sworn= to before"me this day- of,.4a4,4C, , Notary Public EMASETHASTATHS txtlk/form.var/temp NO 6M1M .. 7�rrn E�irea.Wne e,24a9 IL Ar OC -" OF Co- J a - A ' A C 62 7F, %F'T \ f ��l �A'+A,l .�r2A-t. �� Jonathan Rebell&Noah Levine 4790 Blue Horizon Bluff Peconic,NY 11958 July 8"',2021 / , Southold Town Zoning Board of Appeals " P.O.Box 1179 Southold,NY 11971 Reference—Richard Kalich#7505 Dear Members of the Board: Weare the owners of 4790 Blue Horizon Bluffs.Our property is four lots to the east ofthe Kalich's. Although our property does not border the Kalich's, we share the same rapidly eroding bluff that was discussed during the ZBA meeting last Thursday,July I't Our efforts to secure and revegetate the bluff began before we even closed on the sale of our property in January 2018. Knowing that the prior owners were forced by the town to procure an emergency permit and move their cabin away from the bluff to prevent it from falling down to the beach and into the Sound,we began researching what could be done to stabilize the bluff. We wish to make this board aware of the steps we have gone through over the last four years to try and get permits to secure and protect the bluff in a lasting,effective,and environmentally conservative way. The process of getting these permits has been more frustrating, disappointing, exhausting and expensive than We ever imagined. It has been a four-year journey which continues to be unsuccessful. The DEC, Army Corp of Engineers, and Southold Town Trustees each have their own standards and they are inconsistent with one another. This prevents any form of bluff protection that will last more than a single winter from being implemented. In addition to storms and Sound waves, regular wind and rain make the bluff more and more dangerous. Animals (and the occasional trespassing humans) cause further decay as there is no rooted vegetation to hold the bluff together. We have watched as trees fall down due the instability of the bluff. We have photos and videos that document this, although it is plain to the eyes of everyone who walks along the beach.We have included just a few of those pictures at the end of this letter. In 2019,we attempted to organize our neighbors at Blue Horizon Bluffs plus the property owners of 1450 Salt Marsh Lane, which is adjacent to our property on the east side. We spoke with many professionals about how to best approach this project. Among others,we had extensive conversations with Robert Hermann of En-Consultants, Bruce Anderson of Suffolk Environmentalist and Mike Kimack. We learned that while the town of Southold and its Trustees were generally in favor of securing the bluff,the NY DEC was opposed to anything that they considered hardening of the coastline and that filing for permits as a group of properties would ironically work against us. At that point we decided we would apply for permits for stairs so we can access the beach on our property. Mike Kimack helped us with that application which was granted albeit with the caveat from the Southold Trustees that without addressing the bluff issue, the stairs would not last very long. We debated for a long time about filing for permits to properly reinforce and revegetate the bluff on just our property without coordination with our neighbors. The cost to do this would be tremendous, potentially$250,000,and the effectiveness would be limited if the adjacent properties did not also reinforce and revegetate their bluffs. Nevertheless, we applied for permits in the fall of 2020. While the town of Southold and its Trustees were supportive,the DEC has twice pushed back on our application. We have attached both of those letters for your reference. In reading their comments and suggestion, it seems as if the DEC is not familiar with Southold and the decades long deterioration of these bluffs.For example,one suggestion from the DEC is to try terracing as a way to revegetate. We already know that terracing alone will not be successful. The winter erosion is so significant that without reinforcement at the toe of the bluff, the bottom of the bluff will be eroded by waves causing the terraced vegetation to slide down the face of the bluff. This can be seen on numerous properties near by.It results in the top of the bluff being exposed to the elements while the Sound erodes the bottom. We are also not in an economic position to spend the money it would take for such terracing to just watch it fail in order to prove to the DEC that the erosion is due to many factors,including that the water/wave action regularly reaches our bluff during storms despite what the DEC claims. Another reason for the rejections,which we find particularly hard to digest, i ,the idea that our property is not in danger as there is no house presently in danger. Make no mistake,the Ehd is our property, and our property is in danger! We estimate we lost approximately 18 inches from the top of our bluff in the past 24 months.As this Board is well aware,the houses that were on Blue Horizon Bluffs (other than the those that have bulkhead protection)have all been removed already because of the erosion. The house at 1450 Salt Marsh Lane, adjacent to our east,has already been moved back from the edge of the bluff and is going to have to be torn down in the near future so that it does not slide down the bluff and into the Sound. We echo the sentiments of the Homans and the Albanos—we need help! The differing views of the agencies and the inability to get permits to protect the bluffs in a lasting, effective, and environmentally conservative way has left the Blue Horizon Bluffs property owners frozen and unable to properly care for our properties. On a final note,because we are not adjacent to the Kalich's,we are choosing to not comment on their house plans or request for a variance. However,as is public record,in 2018 we received building permits for a house of similar shape and style to the Albanos. Those building plans called for a wider house than the Albano's house as our property has a wider building envelope.No variance was requested or needed to secure those permits. It is still our intention to build that house and file for the necessary permits in the near future. You will notice in the first letter from the DEC reference to a dwelling 178' from the top of the bluff. As the plans from 2018 show,and we can confirm,we plan to build up to the 100' line. The dwelling referred to in that letter is currently our home but was never intended to be the final dwelling structure on our property. For reasons unrelated to permitting,we were unable to build the house planned for in the 2018 permits but we are now fortunately able to see those plans through. We thank you for taking the time to read this letter and are greatly appreciative of any help you can provide in helping us secure the bluff. Best wishes, Jonathan I and Noah Levine 917-293-5466 New York State Department of Environmental Conservation & Notice of Incomplete Application -This is NOT a Permit ` '= Application ID: IA738-0,161 1/00003 Balch Number; 867196 Faciliq,: REBELL PROPERTY 4790 BLUE HORIZON BLUFFS11000-74-1-35.56 PECONIC,NY 11958 Contact: JEFFREY PATANJO NnerlD: 1631384 PO BOX 532 BOHEMIA,NY 11716-0582 Pernu!(v)Applied for: I -Article 25 Tidal wetlands Projeci Location-in SOUTHOLD in SUFFOLK COUNTY Your application for Permit is incomplete. The following items are required: 1. We would like to see a softer solution to shoreline erosion at this location. The proposed stone armoring is inconsistent with the area and we don't see the justification. The single family dwelling which was recently built is a significant distance from the top of bluff (-178'),so it doesn't seem to be in danger. We suggest that you try terracing and plantings first to revegetate and stabilize the bluff. Mean high water is approximately 40'from the toe of the bluff,so constant wave action shouldn't be preventing restoration of the bluff face. 2. We also suggest a berm at the top of the bluff crest as well,planted with native grasses and vegetation to prevent run off from the upland down the face of the bluff. 3. The terracing boards should be untreated and you will need to specify the dimensions of the boards. Please revise your plans accordingly. Revised plans should come with a revision date and notation of the change. 7X Please submit requested information h No further action can be taken until all of th .- rnat ial, ac� •eceived. Contact Person Signanrie JOHN A WIELAND NYSDEC Date:Decen be )9 20 0 SUNY @ Stony BrookJ50 Circle Rd Stony Brook,NY 11790 Telephone Numbet:(631)444-0359 `1P/IV New York State Department of Environmental Conservation Notice of Incomplete Application -'Phis is NOT a Permit Application!D: 1-4738-04611/00003 Batch Number: 867196 Facility: REBEI.I.PROPERTY 4790 BLUE HORIZON BLUFFS11000-74-1-35.56 PECONIC,NY 11958 Contact. JEFFREY PATANJO Owner ID: 1631384 PO BOX 582 BOHEMIA,NY 11716-0582 Perin t(s)Applied for: 1 -Article 25 Tidal Wetlands Project Gocatton:in SOUTHOLD in SUFFOLK COUNTY Your application for Permit is incomplete. The following items are required: Thank you for modifying your plan in consideration of our prior comments. 1. However,proposing new construction(SFD)closer to the top of the bluff is insufficient justification for hardening the shoreline. The risks are known and there is space on the property for the SFD to be located elsewhere(retreat). 2. But,if you feel erosion has been severe enough to justify stone placement,please submit for our consideration a full regression analysis. The analysis should consist of aerials,photographs,and surveys(if available)providing historical and current measurements that demonstrate how much the bluff has eroded and the rate at which it has eroded. We appreciate your assistance in this regard. -John W. Please submit requested information by No further action can be taken until all of these n ate ia! ai hl. Contact Person. Signature. JOIIN A WIELAND NYSDEC Date:Ap it 20, 1 SUNY @ Stony Brook150 Circle Rd Stony Brook,NY 11790 Telephone Number:(631)444-0359 From October 20171 sli 1� Y- ` tY �/ d1 � �..� �...cc _,w„ .- ,,�.,. t•;. _ -T- .� _ � .,.-_ — —tem ��� r .g rr From May 2021: •� a 10, Y� k a`aYr ., 0*1 The broken stairs in this picture are from a house on Salt Marsh Lane, 3 lots to the east of 4790 Blue Horizon Bluffs. V Brennan and Carly Albano RECEIVEr) 4690 Blue Horizon Bluff [Zoning UL 0 L�.,� E,l Peconic, NY 11958 B®ard of�4 I'paals� July 2"d, 2021 Southold Town Board of Appeals P.O. Box 1179 Southold, NY 11971 Reference—Richard Kalich#7505 Dear Members of the Board: We are the owners of 4690 Blue Horizon Bluff,the property directly east and adjacent to the Kalich's property. We have owned the property since it was built in April 2017. It is a seasonal property for us. It is an approximately 2500 square foot, cedar shingle home on a nearly identical piece of property that the Kalich's are looking to develop. Both of our lots are approximately 1 acre,are extremely long and narrow, and were sub divided with the intention of building modest sized homes. They are not wide enough to accommodate mansions. There are (7) similarly sized lots that are sound front and have easement access via a private road owned by the Homans. The road is long,narrow, unpaved, and is maintained at the discretion of the Homans. It is not wide enough for cars to pass without one pulling over to allow the other by. This should be considered as the road is not ideal for transporting boats into a storage facility on the property(as per building plans). We object to the variance request as the proposed house is not properly sized for the lot. It will disturb our privacy and encroach on our property. We purchased this property for its privacy, sunsets, and views of the Long Island Sound. The angle of the top of the bluff is such that properties to the West are further North than their neighboring properties to the East(100 feet back of the bluff for the Kalich's property is further North than 100 feet back of the bluff for our property.. and substantially). This matters because the Kalich's proposed property will affect our sunset views,over the sound and will block air flow and light. Further,the home has multiple elevated decks, of which at least one faces directly towards our upstairs bedrooms and bathroom. I would like to see this deck re-located to protect my privacy. Their proposed home r - is massive at approximately 3 times the size of ours. It is just uncomfortable. Even our 2500 square foot home feels very tight to the property lines. The size and scale of their proposal is out of character with the history of the neighborhood AND of the evolving development that started with the creation of my house four years ago and continues on with the site plans of Jon Rebell and Noah Levine's property three lots to the east. I invite you to visit my property and see for yourself. Additionally, I would expect a material vegetation barrier be planted along our bordering properties (20' plus plantings... ideally to match the heighCof the home). I currently have a tall hedge of cedar trees, but these would be dwarfed in comparison to the size of the structures in question. It is my hope the Kalich's will build a more reasonably sized home that respects the environment and their neighbors. Also, I want to support the concerns of Ken and Patti Homan w/regard to bluff remediation. Patti's mother's cabin is awfully close to the top of the bluff. There is substantial erosion on the Kalich's property, due to a lack of bulkheading,that is causing damage to the Dickerson/Homan's bluff. The risk is high for continued erosion that could ultimately compromise the cabin. Unlike the Kalich and Albano properties,the Dickerson/Homan's do not have a long property that would enable them to move their home back. Once the bluff erodes, their property disappears. This should be treated with urgency. Furthermore, I plead of you to help the owners of these 7 waterfront properties to have a voice with the DEC,Army Corp of Engineers, and Southold Town Trustees in order to come to a solution. I want to echo Patti's words from the recent meeting,the biggest problem we face is that each agency has their own rules, and they are inconsistent with one another. That leaves the homeowners stuck between a rock and a hard place and ultimately frozen and unable to properly protect our properties. We need help! For example:the DEC has suggested starting w/revegetation. This is not enough. The trustees have encouraged an 8'tall rock revetment(which has been denied twice in the case of Jon Rebell and Noah Levine's application). Regardless,this is also not enough. During severe Winter Nor'easters, the water rises well over 8', erodes the backfill, and the boulders fall down. This job is too expensive to not do properly the first time. I do not have the money to experiment. I am unwilling to spend 200k on rocks that will not survive a storm like we saw the Winter of 2017/2018. The only solution is a bulkhead of substantial height,with boulders in front to protect the beach, and backfilled and revegetated. (Just like the Dickerson's have on their property). The rest of us need to be allowed to mirror their revetment and connect, otherwise the problem the Dickerson/Homans' are facing on their East side,will just pass down to the next neighbor East who's not connected to a neighboring bulkhead. Thank you very much for your time and consideration on these matters. It's been a long four years trying to deal with the bluff issues, and we could really use your help in solutioning the problem at hand. Thank you, Brennan & Carly Albano Reachable at: 413-530-6627, baa237@nyu.edu, 95 Harvard Avenue, Rockville Centre, NY 11570 l Kenneth and Patricia Homan 100 Blue Horizon Bluff 2� r Peconic, NY 11958 ° Y O June 29,2021 Southold Town Board of Appeals P.O. Box 1179 Southold, NY 11971 Reference - Richard Kalich #7505 Dear Members of the Board : We are the owners of the property directly adjacent to the south to the applicant's (Kalich) property on Blue Horizons Bluff containing 48 acres. It also contains the right-of-way- to these seasonal beach cottages for their access to County Road 48 from the Long Island Sound properties. Patricia's parents own the adjacent westerly lot to the Kalich property since 2000. We want to thank the Board of Appeals, for its excellent website. Otherwise we would not have known the details of the application to build as it was a bit confusing in the mailings we received. After reading the application on your website, we have an understanding of what the applicant is actually proposing. After reading the application, we wish to inform the Board we are not in favor of this variance. Building a year round residence of this size and magnitude on a small narrow lot is truly out of character for this area. We have no objection to the construction of a seasonal home, but one of this proposed size will have an impact on the integrity of the bluff. The reason we say this is that the Bluff on the Kalich property is unsafe. The 100 foot required setback to build a house from the top of the Bluff is meaningless unless the bluff is made safe. We know from our experience that the bluff along these cottages has lost at least 20-25 feet over the last 20 years. The Board of Appeals should be familiar with this problem as they have dealt with this property with the Principi family application to move their cottage which was on the edge of the bluff in 1994 Appeal No. 4225 . If it is possible to condition the variance on the completion of a bulkhead, we would be grateful. Please carefully consider the safety of of all. We are not against building a seasonal home but to its size . As far back as I can remember this was a seasonal summer place where there were cabins built. We know this because Patricia's father, Allan Dickerson was a descendant of the Vail family who originally owned the property and built the wooden cabins for family use. He spent many of his young years participating in family functions that existed on the bluff during that time Clearly building of this huge 2 story home will change the character of this neighborhood. Should you as a Board allow development, the impacts would be substantial. Sincerely yours, Kenneth and Patricia Homan lr,.! _. tMo oT -z ,, Y� f666•. X �I; 1� � Jahr• '•yy -s_ _ am A. s •" a���� . ..r �:� .ray � 'T, i ..fir' l �, `• ' bl.���J ~+ ' '_�, . i i ._ ,., Vis# car+ •t.,, ��6. :� `•�z��,." .� 1 Ile \ Y i. ., a.� Ll M � e, �• 1��',� ..I�1 . ¢/fes. r, ! t c -Cal, '•. 41.la qs —i I t. I Ah k � a AL 1 t 0 k: V tT S� �.� b• At µ f. y l , � I, II ••°� • �� .�"__,_I T� ��� awl, � Ap. CHARLOTTE DICKERSON 460 PADDOCK WAY MATTITUCK,NY 11952 do/V 2 v 61 June 28, 2021 Southold Town Board of Appeals P.O. Box 1179 . Southold,NY 11971 Reference—Richard Kalich#7505 Dear Members of the Board: I am the owner of Lot#1 on the Subdivision Map of Blue Horizons at Pecoriic, which is the westerly adjacent property to the applicant's Lot#2. I am familiar with the applicant's property as well as the entire neighborhood as I have owned and used my property as a seasonal residence since June 28, 2000. Further, my daughter,Patricia Homan and son-in-law,Kenneth Homan own the adjacent 48 acre southerly parcel over which is the right-of-way to County Road 48 to both the applicant's as well as my property. I have read the application for a variance and wish to inform the Board I am not in favor of granting the requested variance. First,the lot is too narrow to build a two-story residence of this proposed size. Due to the 100 foot setback requirement from the top of the bluff the building area where the house would be built is approximately 60+feet in width which with the appropriate side yards would only leave a building of 25+feet in width. It should be pointed out that this neighborhood originally was built with summer cabins and then replaced with cottages built for seasonal second home use. The applicant's proposed two story mini mansion with four or five bedrooms is not in keeping with the character of this area. The Zoning Board by granting this variance would in effect change the entire seasonal character of this neighborhood. More important as the Board can analyze from the 1994 Appeal No. 4225 of Richard and Dolores Principi concerning the instability of the bluff area and particularly in relation to Lot#2. This instability still exists. In fact since 1994 nothing has changed with the exception that the bluff has eroded at least 15 feet from where it was at that time. On inspection the Board of Appeals clearly has full knowledge that the bluff in this area is unstable, and putting aside the undesirable change in the character of this seasonal community the Board should inquire why the applicant would even consider building a two-story structure of this size knowing that their front yard area will continue to erode and they will not have safe access to the beach. Lastly, common sense would indicate that unless the bluff area is stabilized by the installation of a bulkhead armored with large stones and clean fill being brought and then planted with appropriate vegetation to stabilize the embankment; then an appropriate residence can be safely constructed on this property. However, if the bluff is not made safe and a large year round residence is allowed to be built,then considering the totality of the surrounding circumstances by changing of the seasonal community character of this neighborhood combined with the potential adverse impact on the front yard area of this property the granting of a variance is not a minor matter, but is truly a substantial one, which justifies its denial. Respectfully submitted. Sincerely yours, Charlotte Dickerson Fuentes, Kim From: Fuentes, Kim Sent: Tuesday,June 29, 2021 10:16 AM To: Duffy, Bill; Eric Dantes; lesliew@town.southold.ny.us; Nicholas Planamento; Patricia Acampora; Rob Lehnert Cc: Sakarellos, Elizabeth; Donna Westermann Subject: Kalich#7505 Attachments: Kalich Blue Horizon Site Plan (2).pdf, Kalich Blue Horizon First Floor Plan.pdf, kalich_ 20210629081213.pdf Please see attached letter and amended site plan and floor plan. The amended plan does not effect the NOD. Kim E. Fuentes Board Assistant Zoning Board of Appeals 631-765-1809 kiin&� outholdtownny.gov Location:54375 Main Road Mail:R 0. Box 1179 Southold, NY 11952 1 R/R SETBACK SET �R40 SE ACK RE IEFis i f- ' I PORCH - 1- (roll down scenes) PORCH R i DINING 5� I --------------14'X18'------------- 6� HALL 011 ENTRY Q PATIO �O (' LAUNDRY- / v,nNoowwEu u n s'xs� 00 ,,_ Il� '1 Ll / e SUNROOM 20'X20' 1,1 LIVING ROOM / IRE - - -- --��-—2 'XKITCH„E#,1N 2 ,„ \ _-II-118'x21G0�'✓ —G-i�qll --�—' — UD_R PIT 1 1 2'X12 ' - — — URPANTRY � YARD- 8'X10BAT _ P- =f1--Lr]II — R40 SETBACK ® — SETBACK RELIEF Blue I lorvon Bluff% I•IRSI 1.10 11 Ill \\ V)s -- SD -- - 21 PATRICIA C. MOORE �C � Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Betsy Perkins Paralegal Julia Spanburgh Julia Schade June 28, 2021 Zoning Board of Appeals 2021 Town Hall Annex JUN 54375 Route 25 Southold, NY 11971 By Hand RE: Kalich PROPERTY ADDRESS: 4660 Blue Horizon Bluff's,Peconic S CTM: 1000-74-1-35.52 Dear Chairperson Weismann and Board: Enclosed is an updated site plan and floor plan of Blue Horizon Bluff's,Peconic. This plan was presented to Amanda at the building department and the plan does not result in a revised"Notice of Disapproval". The variances requested remain, as submitted, and noticed to neighbors. The proposed Spa is in the"side yard", however, it has been proposed to be placed adjacent to the house, away from the property line, and within the courtyard. If you need anything,please do not hesitate to contact me. Thank you. TiaC. Mocre S, PCM/jms Encls. Fuentes, Kim From: pcmoore@mooreattys.com Sent: Friday,June 25, 2021 10:54 AM To: Nunemaker, Amanda Cc: Fuentes, Kim Subject: Kalich ZBA hearing July 1 Hi Amanda: my clients have made minor revisions to their proposed construction. The notice of disapproval included the spa in a "side yard" - the variance is still applicable with the proposed change to the spa location (inside the courtyard area). the other changes are to the accessory structures which did not need variances and are not within the scope of the notice of disapproval: Cabana size changed but is within the code requirement and the garage size and design changed (also conforming). I want to be sure you see this before the ZBA hearing to be sure we are OK. Pat PATRICIA C. MOORE physical & mailing address 51020 Main Road Southold NY 11971 tel # 631.765.4330 fax # 631.765.4643 www.mooreattys.com ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®�`�®� ®���®� 53095 Main Road •P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes 'b ' Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoC®u Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 1, 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 JULY 1, 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.southoldtownnV.qov/agendacenter. Additionally, there will be a link to the Webinar Zoom meeting at http://www.southoldtownny.gov/calendar.aspx. If you do not have access to a computer or smartphone, there is an option to listen in via telephone. 10:10 A.M. - RICHARD KALICH #7505 - Request for Variances from Article III, Section 280- 15; Article IV, Section 280-18; and the Building Inspector's March 8, 2021 Notice of Disapproval based on an application for a permit to construct a single family dwelling and an accessory spa; at; 1) dwelling is located less than the code required minimum combined side yard of 35 feet; 2) accessory spa is located in other than the code permitted rear yard; located at: 4660 Blue Horizon Bluffs, (Adj. to Long Island Sound) Peconic, NY. SCTM No. 1000-74-1-35.52 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/webI!nk/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631) 765-1809, or by email: kimf@southoldtownny.gov. Dated: June 17, 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 i o�OSaf FO(,�-�, Town Hall Annex, 54375 NYS Route 25 P.O. Box 1179 y Southold,New York 11971-0959 O � - ���• �ot� Fax(631) 765-9064, ZONING BOARD OF APPEALS DATE:June 1, 2021 = 1STRUGTOIVSFORPIJBLCy 1EIE` RING The following policies are required by'New York State Law Dear Applicant; _ Due,to public health and safety concerns'-related to COV ID-19,the Zbning Board of-Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the July 1, 2021 Zoniiig Board of Appeals Regular Meeting will be-field via video conferencing (Zoom `1Vebinar),_and-a traiiscriptwilf"be provided at a later date:'The public.wilI have an opportunity to see and'hear the'meetirig'live;and maketcom 6ri ' 1 -.Yellow.'sgii.to;;post=obi;your``=propeity;a rnininim:of'se�en days rior to'yourrliearinN`}'to lie laced'riot more;thari l0=feet;from the xfrorit 'ro ert -Bile within ''our TO ert bOTderin'' P p .p Y- g' .bQxde'r_ more:thah-one``street.or,:r''o",adwa'; an=extra' si .is sii "lied,.for �.f y g. PP_ post ng.op';:both.�street:fxoritages:�,_P,osting should :doiie.,ho-later .than�.June�24V '2 21:ToTavoid':weatlier damage to.your sign,please"affix:"if,to'.a,sturdy surface stick as plywood.'If.your aign-is, damaged=`:please`call the office and we=will'provide you'with- another one:=,Prior.toyoar,'public'aiearin members of'-the:Board of-Aripeals will each conduct a personal inspection of Your property. If a Board member reports that there is rib "signage visibly on disrilaV"'as-required by law, your scheduled hearing will be adiourned to a- later date to ensure -compliance-,With Chapter 554 (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 June 24, 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 Pu_ Hearing Page 2 Please send bythe 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 June 14, 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@southoldtoM npM.gov or elizabeth.sakarellos(c 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`>'`2010-2019u2019, http://24.38.28.228:2040/weblink/O/doc/1022250/Pa eg l.aspx.- � t , Pleasenote that without your mailing receipts, the ZBA wild .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. Fuentes Board Assistant Ni� TIi. E � F HEARli4G 1 The following application will be heard by the Southold Town Board of Appeals VIA ZOOM WEBINAR - REFER TO ZBA ' WEBSITE FOR AGENDA on http : southoldtownny. viov .'AME : KALICH , RICHARD #7505 CTM # : 1000-74- 1 -35 . 52 IIARIANCE: YARD SETBACK LOCATION OF SPA r-,EQUESTN CONSTRUCT SINGLE FAMILY DWELLING AND ACCESSORY SPA DATE : THURS. 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Click on file you are searching. t ` Laserfiche Instructions ZBA Files Page 4 Cashel - -'i_` - - __ �:r' �'�� _ - _ .Fir'=- �;e, rr.r-•--. z ' - ,k!`.9�i•- : .:i3-'S, Above: In addition searching by file-no.You can also use the above search tool by typing the name or title of the applicant. "LaseYll'thtr Web}ink: +� _Rr customize Search : -1 Sort tew![96y.,Relevanca4-- - >�j_RemrdsK agemeMSead 3 ®7016 '•Fld4,ume , i Board Actions-63 pages) ".i - Choose fmfd - + Page COunC 83 Template name:Board Actions t t, A Page 3,Cpnn and Kristen Cashel PROPERTY LOCATION:163 LowerSMngle MIL fisher_ _ Page4_19.2017 07016.Cadw152TM No.10,00-9-1-26 minimus approval to remo_ Page S—y 19.201707016,Cashd SCTM Nm 1 W49-1.26 GRANT,drcvariaKes as_ - Searchcerrrs i Page 9.»COIJN&KRISTEN CASKEIL SECTION 0o9 BLOC,.. page 20_.Thomas Ahlgren(hshell,,PO Boz 342 Fishers lslandNY... fz Show more Information... J9 7016 Board Acdons-S6 page(s) s_. Page Count 56 TetnplSte name:board AttkM ..ii -vO Page 4R_230A.M.-�OIJN[ASHELAND varlames under Article idSecticd ANN_ , Page 4a._anCe(5)IOa$TEN CAS}TEL?701"e1(uestpmposed VERIstmtedlndthM'du._ - Lshow more Information_ Above: Shows you files that can be found using a phrase, name or titie. Or you can search by' Tax Map No. (District, Block and,hot) using the format'1000-111.4-1. WSWA Che WsbLfrik _ - - _ r y k•t°±apt gGw[i tfome,-Qioytse_ Seaiih town0(SouU oJd32nnIA$0narifofilppealg(ZBAJ>te§i1rLeS/�`.�{���{��,�as�qq�� i MmutWAgendas/Legal_ Name _V pQ""t_r__ I Notices/Hearings M 1957-1979 " fe:Etl6y,Prppeitle"s'='' .—t i �)19a0•t999 —"�•"--`i to 2000.2009 ? 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Q ZRA-02 2O1 16t7Agenda 3 ANomefadmasstg;ed i y -•_ _._ `�:� [+j 78A-o7J16R0'175yedal 3 ZBAaUO2/2O17Agenda� .. _ 1 > 4_...__. __._._....�__. _._ ._.._.._.... 0 -_I s�MA43/O2/2D17 HeNtng 65 ZBl4O3lO7l2O17W 3 SI l- }t VI ZBA43nO2O17Agmda 3 - ') - !•�� �Z8A-O4tDdlZDi7 _ +__ __ _'__ -,.._ _.____S^_ ___- _�.__ `_` __�-_ _ _ +.__ M__—.,._..-+ �� � {;'L ZBA•o4fO6'2O17Abenda..__,�_ ... _._ _ __ _ .__»,4.._--_-_____ _ _.,_-__.._.___`._._.�__._._.__...-....._ ZB-QVD5*M7Heaft - GS Ab6Vt `�Agdndas Minutes and Transcri 1' are in chronofo kat r -er. = - �, 7 P, 9 d C Revised 6/15/2020 ' I i i BOARD MEMBERS —�" soar Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road•P.O.Box 1179 hO l0 Southold,NY 11971-09.59 Patricia Acampora [ Office Location: Eric Dantes G Q Town Annex/First Floor, Robert Lehnert,Jr. �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento `''C�� �`C.'` Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLDno Tel.(631)765-1809 •Fax(631) 765-9064April 9, 2021 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA,File Ref.No. # 7505 KALICH, Richard, DearMark: - We have received an application to construct a single family dwelling and spa. 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 evaluationwith 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 so By: Encls Survey/Site Plan : Twin Forks Land Surveying Dated : 10/27/2020 t F BOARD MEMBERS ®F S Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora #t Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �l� 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD April 9, 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 : # 7505 Owner/Applicant : KALICH, Richard Action Requested : Construct a single family dwelling and spa. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Ch- ',pe nn By: Encls. Survey Site Plan , Twin Forks Land Surveying Dated : 10/27/2020 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �O��OF $oUlyOl 53095 Main Road• P.O.Box 1179 Patricia Acampora O Southold,NY 11971-0959 Eric Dantes Office Location: cis Town Annex/First Floor, Robert Lehnert,Jr. �, COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento ,YOMNI Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 August 10, 2021 Patricia Moore Attorney at Law 51020 Main Road Southold,NY 11971 Re: ZBA—Application#7505 Kalich, 4660 Blue Horizon Bluffs, Peconic SCTM No. 1000-74-1-35.52 Dear Mrs. Moore; Enclosed is a copy of the Zoning Board's ' August 5, 2021 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Thank you. Since ely, Kim E. 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