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7517
I oq *1611 iso Nt�SSscu,� �oQnt Rdc.0-czc�� 94k Of ct '� s�nb� cl J �wel('�,�� Planshows i xX1�I Sec ate- Ids} �' --------_ File #: 7517 Owner: Monaghan, Kenneth Address: 2750 Nassau Point Rd Code: 17NP Agent Info Bruce Anderson P.O. Box 2003 j t Bridgehampton, NY 11932 Phone: 631-537-5160 Fax: 631-537-5291 Email: bruce@suffolkenvironmental.com Nota-t -51312-1 J i V BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��0�S�UryO 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �pQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento l,YCOU So ` ED http://southoldtownny.gov (5 3' ���,'l ZONING BOARD OF APPEALS AUG 2 3 2202 TOWN OF SOUTHOLD l..L Tel.(631)765-1809-Fax(631)765-9064 S®U old Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATI MEETING OF AUGUST 19,2021 ZBA FILE: #7517 NAME OF APPLICANT: Kenneth Monaghan PROPERTY LOCATION: 2750 Nassau Point Road,Cutchogue,NY SCTM: 1000-104-12-16 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 A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated May 3, 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: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject, 37,127 square feet, .852 acre, rectangular-shaped, non- conforming parcel located in the R40 Zoning District measures 99.96 feet along Nassau Point Road then runs west 401.4 feet along two residentially developed lots to the south,then runs north 114.22 feet along Vanston Road then returns 342 feet along a residentially developed lot to the north, back to Nassau Point Road. The property is developed with a two-story wood-frame dwelling with garage underneath, a gravel driveway,wood retaining walls, covered slate entry platform,walkways and a slate patio as described on the survey prepared by Jeffrey W.Haderer, LLS and last revised March 2, 2021. BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's March 24,2021 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 than the code minimum required side yard setback of 15 feet; located at: 2750 Nassau Point Road, Cutchogue,NY. SCTM No. 1000-104.-12- 16. RELIEF REQUESTED: The applicant requests a variance for alterations and additions to a single-family residence, consisting of an addition of 10 feet by 10.6 feet expansion of a dining room, for an additional 110 square feet of living space and to maintain an existing side yard setback of 9.2 feet. The proposed alteration (as part of a larger expansion of the house with conforming setbacks)proposes the continuation of the existing south exterior wall at 9.5 feet from the property line where the code requires a minimum side yard setback of 15 feet. ADDITIONAL INFORMATION: The proposed expansion of the residence requiring a side yard variance is for a one-story addition. The neighbor to the south,most impacted by this application has a home sited on an embankment at a higher elevation as a result of the natural topography of the Nassau Point enclave. An immediate neighbor to the north of the property (on the opposite side from the proposed addition) opined in writing prior to the public Page 2,August 19,2021 #7517 Monaghan SCTM No. 1000-104-12-16 hearing and also spoke in person. Letters of support for this application were received. The subject residence is located on a`through'lot with road frontage on both Nassau Point Road and Vanston Road;the residence is orientated towards Nassau Point Road with the architectural rear fagade on Vanston Road. The applicant provided stamped architectural plans prepared by Richard M. Suter, R.A. dated October 14, 2020 illustrating the scope of renovations applied for with the Town of Southold Building Department, including floor plans illustrating the expansion area of the existing dining room (subject of this application). The subject parcel does not have any prior variance relief. Residential improvements are covered by the following Certificates of Occupancy: Z-14526 Issued June 17, 1986, covering an existing wood framed dwelling with accessory shed and retaining wall. Z-22763 Issued December 2, 1993,covering additions and alterations to a one-family dwelling. The applicant's agent provided multiple Zoning Board of Appeals decisions granting similar relief sought on Nassau Point Road on August 5,2020,prior to the public hearing and also reviewed each decision as part of the record. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 5,2021 at which time written and oral evidence were presented. Based upon all testimony,documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Nassau Point community was originally developed in the 1920's with a network of roadways servicing irregular-shaped, non-conforming lots following the craggy coastline of a peninsular location. Many lots were created to take advantage of either a beachfront or creekfront location with the `in fill' of upland lots following the natural topography and elevation of the peninsula. Most of Nassau Point is heavily treed with native vegetation and most of the original homes have been updated and expanded to meet current needs. The subject expansion of the residence to allow for an enhanced dining room is well within the character of the present housing stock and is also shielded by the terrain to the south,where the one-story proposed addition will not visibly be recognizable by an immediate neighbor or from the street. 2. Town Law 4267-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 could maintain the existing dining room in its present size and location or could alter the existing residence to accommodate a new dining room in another location. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 36.6%relief from the code. However, the applicant proposes to maintain the existing one-story southern facade, to achieve an enlarged dining room, at the closest point of 9.5 feet from the lot line without encroaching upon the existing 9.2 feet side yard setback. 4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning- Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. Page 3,August 19,2021 #7517 Monaghan SCTM No. 1000-104-12-16 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of alterations and additions consisting of 10 feet by 10.6 feet, 110 square feet,expansion of an existing dining room 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 Planamento,seconded by Member Dantes,and duly carried, to GRANT the variance as applied for,and shown on the survey prepared by Jeffrey W.Haderer,LLS and last updated March 2, 2021. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The southern fagade of the residence shall remain single-story as illustrated in the floor plans prepared by Richard M. Suter,Architect,prepared October 14,2020. Condition for Possible Demolition if ap lin 'cable 2. Prior to receiving a building permit,the owner(s)of the subject property cited herein must sign a statement acknowledging: a. That the applicant(s)have read this determination and understand the limits of the variance relief granted herein; b. That the applicant(s)will immediately contact the Building Department if a demolition, as defined by Section 280-4 of the Town Code,l occurs during construction,or any construction undertaken in any other way exceeds the scope of the approvals granted herein,or the issued building permit; c. That the applicants are aware that the Zoning Board of Appeals retains jurisdiction until the issuance of the Certificate of Occupancy and has the right,after a public hearing,to modify,suspend or revoke such approvals or any term or condition thereof or to impose thereon one or more new conditions, pursuant to Article XXV, Section 280-141 of the Town Code. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other I NOTE: Section 280-4 of the Town Code defines "Demolition" as any removal of a structure or portion thereof, where the total cost of the reconstruction of the structure or portion thereof exceeds 50%of the market value of the existing structure before the start of removal Page 4,August 19,2021 #7517 Monaghan SCTM No. 1000-104-12-16 features as are expressly addressed in this action. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board:Ayes:Members Weisman(Chairperson),Acampora,Dantes,Lehnert,and Planamento(5-0). rf�— r Leslie Kanes Weisman, Chairperson Approved for filing F/ 3o /2021 ZONING BOARD OF APPEALS Town Hall,Annex,54375 Route 25 PVT P.O.Box 1179 Southold,New Yo&I1971-0659 - Fax(631)765.9064 Telephone(631)765-1809 ZBA FILE: #7517 NAME1OF OWNER OF SUBJECT PROPERTY: )KENNETH MONAGHAN PROPERTY LOCATION: c 2750 Nassau Point Road, Cutchogue' (FEB DATE OF ZBA DETERMINATION: August 19,2021 3 2022 SCTM No. 1000-104-12-16 , �AAFAP'PFALS PROPERTY OWNER'S STATEMENT I/we,the undersigned,am/are the owner(s)of the property cited above and acknowledge that I/we: 1. have received and read ZBA determination number: #7517 Dated: August 19,2021; 2. understand the limits of the variance relief granted therein; 3. agree to immediately contact the Building Department if a demolition,as defined by Section 280-4 of the Town Code,occurs during construction,or any construction undertaken in any other way exceeds the scope of the approvals granted herein,or the issued building.permits; 4. know that the Zoning Board of Appeals retains jurisdiction until the issuance of the Certificate of Occupancy and has the right,after a public hearing,to modify,suspend or revoke such approvals or any term or condition thereof or to impose thereon one or more new conditions,pursuant to Article XXV,Section 280-141 of the Town Code; 5. must submit a signed-and notarized copy of this statement must be submitted to both the Office of the Zoning Board of Appeals and the Building Department prior to my/our applying for a building permit; 6. that the Building Department will not issue-a building permit without receipt of this signed statement. Print Name of Owner(s) Signature of Owner(s) Dated: \2:sk�21 Dated: Sworn to before me this. day Sworn to before me this day of Q V' ,200 1 . of 20 otary Pu c Notary Public E ATZ-SCIIWAMBORN VOTARY PUBLIC.STATE OF NEW YORK Registration No.01GA6274028 Qualified in Suffolk County Commission Expires Dec.24,20� Suffolk Environmental Consulting, Inc. Newman Village ® Suite E ® 2310 Main Street ® PO Box 2003 ® Bridgehampton NY 11932-2003 t 631.537.5160 f 631.537.5291 Bruce Anderson,M.S.,President February 1, 2022 t E NEE Zoning Board of Appeals FEB 0 3 2022 Town of Southold � P.O. Box 1179 RIDOFAppFA�S Southold, NY 11971 RE: MONAGHAN-Property—Application for Variance _ Situate: 2750 Nassau Point Road • Cutchogue SCTM#: 1000—104—12—16 Dear Members of the Board, Enclosed here with please find property owners statement required as a condition of variance. incerely0�0 , 04 . Bruce A.Anderson (enc.) CERTIFIED TO:KENNETH MONAGHAN LOT ARE 7,127 SQ.FT. = 0.852 ACRE SURVEY OF ELEVATI_.-_ HEREON REFER TO NA VD 1988 METES &BOUNDS HEREON AS PER ADJOING DEEDS AND L 0 T 175 FIELD MONUMENTATION MAP OF JOB NO.:2019-246 ROAD LINE ALONG NASSAU POINT ROAD IS AN UNDEFINED CURVE. AMENDED MAP FFA" LED. AUGUST 16, 1922 �P��0 EI�,YO THE TIE LINE THROUGH THE UNDEFINED CURVE AS PER ADJOINING DEEDS NASSAU POINT ADD TEOST HOLE, LOC. U/G MARK OUT Q�REVISINS: �Y O �� LOT AREA TO TIE LINE SITUA TE A T PLOT PROPOSED ADD TIONS ADD NOTES FOR SCDHS APPLIC. * � � � ALL PROPERTIES WITHIN 150'OF SUBJECT BOUNDARYARE NASSAU POINT f IMPRVED AND SERVICED BY PUBLIC WATER TOWN OF SOUTHOLD FOR ENGINEER 10/9/2020& 12/9/2020 SUFFOLK COUNTY, NEW YORK ADD ENGINEER SAN, DESIGN LOC 3/2/2 CURRENT ZONING:R-40 S.C.T.M. DIST.: 1000 SEC.: 104 BILK.: 12 LOT 16 APR 19 2021 O� ALLOWABLE LOT COVERAGE: 7,425 SQ.FT. = 20% (BUILDING & ROOFED STRUCTURES) EXISTING LOT COVERAGE., 1,256 SQ.FT. =3.4% 20 10 0 20 40 60 80 100 120 140 160 180 _ GLANDS PROPOSED ADDITIONAL LOT COVERAGE. 1,116 SQ.FT. SCALE: 1"=40' DATE:JANUARY 2, 2019 JEFFREY W. ADE R L.S. PROPOSED LOT COVERAGE 2,372 SQ.FT. = 6.4 LICENSE NO.:050538 El PROPOSED 2'X 8'-6"BAY WINDOW PROPOSED 10'X 11' 1 STORYADDITION PROPOSED 4'X 8'-6"STEPS TWIN FORKS F-1 PROPOSED 7'X 20'-6"DECK LAND SURVEYING Z SUCCESSOR TO HANDS ON SUN VEYING,MAR77ND.HAND LS. PROPOSED 2nd STORY ADDITION 188 W.MONTAUKHIGHWAY,UNITE3 El OVER EXISTING PORCH 16'X 20'-6" HAMPTON BAYS,NEWYORK11946 PROPOSED CELLAR ENTRANCE m (V)631-369-8312-(F)631-.369-8313 LOT 176 � V , email.'tK!nforkslandsurvey@vahoo.com PROPOSED 2 STORY RMERLY OF �70_ G.MON. <o COPIES THE LAND SIS SURVEY MAP,EITHER PAPER OR URVEYORS INKED SEAL OR EMBOSSED SEAL NSHALL NOT BE LAND 18'-10"X 39'ADDITION ND NOW OR GOLDMAN CONSIDERED TO BE A VALID COPYAND SHALL NOT BE USED FOR ANY PURPOSE. I A HAN NON Is C TEST HOLE DATA E 342,00_"__.v' 42 00' // TEs °LE p, 1 c EL:12.0' N 78.36'20 /1� / o m SANDY LOAM / / _ _ W/GpRAVEL m O GONC.MGN.0— / — — r (SM) / / ( RETAINING WALLS // 12' '` — J GONG.MON. � N / 6% O� \— Z Z / ' W z�Q J�� RETAINII W\ ` Q� -3.2' - 7 MIXED SAND / //� `/' ,` // pR P INLET BRICK H M 5 \\ \\ Nm i 1 1\ < C O W/GRAVEL Q ca+c.MGN. / / I rOLE (�P) / �r `��, .k_f FRAME , ' y `A(,— R: / / 'Ga�,oW�j��/ `, OR 28.5' 2,_G �y u t i,L� �, Z m I- -7.9 ♦ // �[1O / z9�Py A ER J CP GARAGE "N WATW _ 1 C� COARSE SAND UNDER TANK \ ER / � / i �C%L��i R o W/GRA VEL O / /� / // i/ '�� / �s x� T.� �A l A0 1RrME1EE — -12.0'G.W. EL.: 0.0 Q is WATER IN '` ��� LOT 175 °� I W 25.T 3.3 ENaSUR e COARSE SAND O ,� I oRs�aWF I / 1 /i' SL.An2 R to = CONC. MON. W/GRAVEL p Ewgy —_ _ ".'.n. _ (SP) -18.0' O / - - - - - - 2o/ $OEA�Kw� _ 140 _ TEST HOLE BORING BY c / SHAWN M.BARRON M.S. GROUNDWATER ENCOUNTERED�20 12'BELOWSURFACE GRADE // / ' FORMERLY OF FINAL .��A OR �- 6�1 ..- EASEMENTANDWSUSSURFALE / � // "24 LAND NO s MOORE LCRp_w +v�'s■{�- -. • STRUCTURES RECORDED OR / E w �& � �^� Y B A UN RECDRDEDARENOTGUARANTEED _ / UNLMI*IYSN LLYEVIDENTATTHE _ TIMEOFSURVEY. i c C Sy'.,-� !p THE OFFSET(OR DIMENSIONS)SHOWN ' / /J 7 80 1 174 yJ R.� e T O, � �� HEREON FROM THE STRUCTURES TOTHE / / LOT PROPERTY LINO ARE FOR A SMOFIC — L PURPoSE AND USE AND nIEREFORE ARE TI OFFEEDTOGUIDETHE ERS\/OF DATED � 1 ERECTION OF fPNCR,RETAINING I WALLS.POOLS,NS Ob.PUNTING AREAS.AO THER C TO TRUCTI GS R ANALIWAIHER ALTEUVON ON. SAND NOW O' FORME TO T IIS SURVEY A A VIOLATION OR AOgiiON Y SETHISSURYOrISAwEWYOA S MA R becnar TaBE of THE NEW voRx STATE — - EDU"VONLAW CDPIESOFrm SURVEYMAPNOTeEARING -- 16-- — -- - -. - - — EXISTING CONTOUR TNELANDSURVEYORSINRED SEAI.OR EMSOSSEDSEALSHALLNOTBECONSIDEREO TO BE A VALID nTLE COPY. CERTIFICATIONS INDICATED HERON SHALL RUN ONLY TO THE PERSON(!)FOPWFIOAI THE SURVEY ISPREPAREDANDONHIS BEH.TO hIE - - PROPOSED CONTOUR nTLECOMPANY,GOVERNMENTALAGENCYAND LENDING INSnTUnON LISTED HEREON.AND TO THE ASSIGNER OF THELENdNG INSTI. W nON.CERTIFICATIONS ARE NOT TRANSFERABLE TO AOQ rl NAL INSTITUTIONS OR SUBSEQUENT OWNERS • F ti r � � _....._ .._._ ..> _._.,.�,�........�—.•-,.. ;ate:,- � - �.. `. � . _ ,{ ,� ti , 'L_ _...xx�,eaiM4,IrJ _w..YY+ 1,,,•.. a x ••_ ev,a.�� -.._ __ -... ..�._..+ .. .w w . ,,,•• ,� _ m♦ �!£ s _tio �.± ' � I .. .../ � �� . � • s � ii��S({ �^...'-.++rr� ... t «a,►w .e. — rrrwn � ii M 4T 11 I �1- . •• .w•�+w+w� a �...a..--.._ ...u,•..,..._. ..r.,�...+..,. -_._e..a.+....s.. pr. 4 .ter _.—••.++.�r•w'v „ LL L i i t 7 ems- -J,w�.Xr"!� .R ��."�LY.._..,....a«.a,-.e««._...__ t ..—.._�..,.,.sa_..•_+. � y� � �� I� �+ Yr • , .9y r r �^ '^'°. � ,ew•.®fid x` 4' -Afro I{d _ " ; r I NAL AP REVIEWED BY ZBA_ SEE DEM'Dft# �=1 �� _.....-, . DATE EDA T E R Aim Sx T ARCHITECTURE LAN D, S CA $ S I? F $ I-GN 275 NASSAU PLANT RD.,, CUTCHOGUE, NY . PHONE S16 9711063 suter=dsutera�ccm Fo ' + 4 r•r ..N ♦a eR .c .. . I 5 � � S * • Y. � � { f i � ! � • ,• a�)-y "`+.t_' M..q.y.•°/.•• R , �.rrd.wex4+-�.-. ; i.w+�w�.M . ; yS.a',t+^r�r•..gme r ` w e C f _ —,.. ,•,tee.•.,,,... ;-�� � � .. �,.. .�—.®..,�..v ....,_.�•--•.........-.�_... . . t �°' - ".��r, ..�®.. �.,"""..� t r' , , , ,.�.�...�-•-'---.............ems...—.'»"_.�..._...,...-...__ ._.< -�-: {,f'` S JJA MCI— M i 411 6 +..+..,�'.. lig-�I L••�' f � i '"� � .. � ` M..wFr4�L.FYwre -. w.+e + .,a„��4- ' . ��" iF a a,.-..w.Y..�_'_._I µ .._»_.._w.w www,r. ♦ ,. .s... v r _r.�ca+e._�r...ai " R _-r a..• ._.. .. .. ,�+,...e.<+.^y �•.�. ,e, _ -- ---- - _ - _ "'---.,.�_x. r krw' t"��'-�".="--�.r. "_"�R`waw' •,., � , ,.....�.,. r t� �.. — _.... ....�—___,_.....,_ ._. — ,.. +......_.�-..-.. .�rr<-�..ewa..+�s�..._._+e.- '���''{�_��'''''�''''' -•--...,+a�.,rw.•�....--r.s.r+•irrs+�re,r.ae..+..�,..u..,w...,. s:.�o� - - .,i as - L -1A FINAL MAP i APR 19 2021 REVIEWED BY Z A . r -- SEE DECISION /r i f - M e • /k� R�lW1e_.�n�-•sr•pe,l.M.O!1lV.nYr-' .�I�YY+_Y sn..Fw�r+Ma^v9R"'.,n^serai, s.iwYouu , ` � i . AM - " ��ED R t 7EE1-,a ARCHITECTURE LAND ,SCAPE - DtSIGN 2751 NASSAU U POIN C RD. 124 .T` YRAMT OU 1fiITx. 11dEHV '+f()RK I t ASA �� . 4 9 r PRUNE S16 97I `1063 sutemdmteff malLcom � J' i � E � 4 1 s —• f �/n'•I" •�^+"�"'�r�. '.OM1 ~\.�•"'.., ' ' rj _. ...... 4 APR 19 2021 FINAL MAP REVIEWED BY ZB SEE DECISION # �)�7 DATED U T E R . AND S LT T E R ARCHITECTURE LAND -S CAPE DESIGN M ® N A H A R E S I D E N C E .-.-.......v.`'`- -.1::. -. ..::::::::.:::_::.::::::...:::.::::::...... ::::::: :. : ::: ::r ::::::: :::: 2750 NASSAU POINT RD, CUTCHOGUE P.O.BOX 1709 124 1ESSUP AVEMIE OUOGUE NEW YORK 11959 . PHONE 516 971 1.063 -........ .... suterandsuter@mnail.com __ __.____._.....w.......�....__w.._�.____.. _........... .....:..._............._........Su........... _.. ... _..._....__.. reran suter mn com o __.�_..._.. .. _.__........_.._...,..__........_.. _ r ^• 1 , I _.. ._...._..- _..__..._._._._..._... _-------- �.._ J{ I ; R +aevWrwwewnmes a4 W::....-............,......_,.,...»._..... �w.w.wwrwu•«w.,n.._,.�._...-+.-,..,__.-_.-..,.. ._�_.._,.w.,.._._._.._......_.w...,.-y....._.«-._.,-.. _.....�..............._..u.y 1...+�:v� hw w +Me1+NM•v.,.. w.w .:....... U y ,• �- rte, ..,....._,•... i ,........•..... ,......_..._.�., r. _... • j , w , 1 - } ..._.......... ' � f $�L E , i _ 1 71. 1i 1 , i • f , FINAL. MAP REVIEWED BYB ► APR 19 2021 I SEE DECISION # _ t i DATED .,.-.__ . ... EDA f �� RD S ARCHITECTURE - LANDS CAPE DESIGN .. _. .. ........ ,r _. .................._........ ........._........-.._ ,_...,_......_...M.....__.....m..... ..., .. i II/IONAGHA � RESIDENCE 2750 NASSAU POINT RD.. CUTCHOGUE, NY._._:_-__._ ..__. P.O.BOX 1709 124 IESSUP AVENUE QUOGUE, NEW YORK 11959 PHONE 516 9711063 suterandsuter@amad.cam �TFpF �O r v r 4 i x T t C • 4 • ..._ �...... _+.w ..ary-•,:_r•w^w w_waw s_s,•.n ..._+w«..... • ,++.rsw Y_.rwa_.•+..,�■■�{ {,y•�� .• � w. «......_.....�.n • 1. _.waa•r.w w•r•, ♦ r.•.x a.♦ ,a.sa•a+ a•_-,.•w..M.. - , .,+. ,...+iw.-,..._ s „.u__rn„_ _wa.,a,..,ai.w+. swn nw...n+rV�.s«bsu..a+nas.,.+u.._,...o-.,a.w..+a wa.H�rwwy � , ..., .... ,.. ... .. .• • ,r..+w.•_.r•.�_.r....w.n,_.. ,.,. , ..r w.... v 1 1 ►..._...+.,. jwrwr.wsw.0 � — _ 111 ...... T . . � .. �..,•.,:, ' .. Ro ` 7 . 1 N I LA El JL All/ 11 .� _ x -- - .__.... P . �, .... _ _. _,..�.... . O is r I EIv t ,.�.. �}ry''�ice', j '�//�}�►'` �•���_ _ .�. c��L�d• .." .. � - •f, . k ,a FINAL MAP APR 19 2021 REVIEWED BY SDA • SEE DECISION # 0:l; -=- - .. DATED RAND, S U T E R �+ �'T 1�+ 5 gp r- la JV ' ARCHITECTURE LANDSCAPE DESIGN M0NAGH_ A...14. R E S .... 2750 NASSAU POINT RD., CUTCMOGUE, NY s � 1 Mw -_.. .__. _ _... -_...,._.. _ 54 F uteandsutcr@gmaflcom PHONE SIG 011063 � CoQ 3 APR 19 2021 1I c a:r j E::'?"�d:1 uie-L,, 1 ; .. b i A 1 VA TjE ..__. ii � LiE FINAL MAP v-- 021 REVIEWED BY ZBA APR192 SEE DECISION # I -7 � . ►' DATED ED ARCHITECTURE LANDSCAPE DESIGN a�`'� �Fo� t �� .....,_ . .................. MONAGHA -, R Nt U POINT RD. CUTCHOGUE NY_ ._,.__•_. _._.._.. - - _ All 2750 NA ...__. q� rso a pQ. 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Ott r.�.u.w�e. 4.,.r..w REVIEWED BY ZBA 'SEE DECISION '-75/�1 ._ DATED-1, /J!/ ED �C �� .�,.III iii ` _ -,.�r ��«A._-•.+.�.,a.__...,.w.-,xa.•wr .n+r»_ .. w... ... _. _ ARCHITECTURE LANDSCAPE - DESIGN 'I ' A M 1 E I D 90 2750 NASAU POINT RID. . CUTCHOG1JE OW cn • dQueT 1+ a,.lR{,.lcaom PF ©} 5169711063 I � ��I� ->•1�`s� NiY+✓M` ,rr_�•s.a,vYa<.Irw1 M R u+ r i, �S . I N • _ 1 , tl' r s 111,4 V ' �7 fr a � i s ' a a ... , • R I arrwww+.-. .. . .,r+... .awu.,�.r .....•n.+v....w . .parrs•. . APR 19 2021 INIAL. MAP REVIEWED BY ZBA SEE DECISION _ ,—�•-�- •d 3 1 DATED I TL " .. * E ` •'�'^' ••W"w•Nw .�4tiPWw,wanw+r.�r1�s as ar.il.,wmt w�aw+l'Taw.w-M,R a! Y-MM.'S.�A.�YY • . w".!�'N..M�l�*M! , itE6 ARCHITECTURE LANDSCAPE DESI*GN 750SSAU POINT FtD,z .CUTCHOGUE, AY � � A 1.1616204 sntaandsut mail,CCom µ II App 0107` -Pjrj COUNTY OF SUFFOLK I. ` MAY 0:3 2021 OFFICE OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Commissioner Economic Development and Planning May 3, 2021 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Monaghan, Kenneth #7517 Very truly yours, Sarah Lansdale Director of Planning 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 0 (631)863-6191 FORM NO. 3 TOWN OF SOUTHOLD '� p� W BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: March 241;'2021 !;{ APR 19 2021 1� TO: Robert Anderson (Monaghan) PO Box 2003 Bridgehampton,NY 11932 Please take notice that your application dated March 5, 2021: For permit to: construct additions and alterations to an existing single-family dwelling at: Location of property: 2750 Nassau Point Road, Cutcho ug e,NY County Tax Map No. 1000 - Section 104 Block 12 Lot 16 Is returned herewith and disapproved on the following grounds: The proposed construction, on this nonconforming 37,127 sq. ft. lot in the R-40 District is not permitted pursuant to Article XXIII Section 280-124 which states, lots measuring 20,000-39,999 square feet in total size require a minimum side yard setback of 15 feet. The plan shows the minimum side yard setback of 9.5 feet. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: tile,Z.B.A. 1 APPLICATION TO [E SOUTHOLD TOWN BOARD O, -J_PPEALS For Office Use Only Fee: $ Filed By: Date Assigned/Assignment No. Office Notes: House No.2750 Street Nassau Point Road Hamlet Cutcho2ue APR Y 9 7021 I� SCTM 1000 Section 2 Block 12 Lot(s) 16 Lot Size 37,127 s.f. Zone R- 10"_'---E• I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: March 24,2021 BASED ON MAP DATED March 2,2021. Applicant/Owner(s): Kenneth Monaghan Mailing Address: 2 Greenside Ct.,Durham - North Carolina • 27707 Telephone: 516—581—2751 Fax#: N/A Email: kenmona2hanna,mac.com NOTE: In addition to the above,please complete below if application is signed by applicant'attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents. Name of Representative: Bruce A. Anderson—Suffolk Environmental Consulting,Inc. for Owners Agent's Address: P. O. Box 2003, Bridgehampton,New York, 11932 Telephone: 631-537-5160 Fax#: 631-537-5291 Email: bruce(a suffolkenvironmental.com Please check box to speck who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or [X] Authorized Representative,or ❑ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 3/2/21 and DENIED AN APPLICATION DATED 3/4/21 FOR: ° [X] Building Permit ❑ Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑ Change of Use ❑Permit for As-Built Construction ❑Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXH Section 280-124 Type of Appeal. An Appeal is made for: [X] A Variance to the Zoning Code or Zoning Map. ❑ A Variance due to lack of access required by New York Town Law-Section 280-A. ❑ Interpretation of the Town Code,Article Section ❑ Reversal or Other A prior appeal [] has , [X] has not been made at any time with respect to this property,UNDER Appeal No. —Year__). (Please be sure to research before completing this question or call our off ce for assistance) Name of Owner: i ZBA File# REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: 411R9 M21 (1) An undesirable change will not be produced in the CHARACTER of b e neighborhood or a detriment to nearby properties if granted,because: the project as proposed'slightly increases the side yard setback as existing and is not visible from the street. Consequently, the gram 4 ,i�f 3his ririr�ance will not result in detriment to the nearby properties. 1 (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: due to the existing location of the dwelling relative to the side lot line. (3) The amount of relief requested is not substantial because: there is no further encroachment towards the side lot line as existing. Consequently, the relief requested cannot be considered substantial. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: there is no further encroachment to the side lot line as existing and no other variances area required. (5) Has the alleged difficulty been self-created? ( )Yes,or(X)No. Are there Covenants and Restrictions concerning this land: [X] No. ❑ Yes (please furnish copy). This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this box( )IFA USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET.• (Please be sure to consult your attorney.) �Sig—' �. n of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn tofore m this day of ,20 Nota r Otis MATTHEW D. IVANS NOTARY PUBLIC-STATE OF NEW YORK No.01 IV6053859 Qualified in Suffolk County My Commission Expires 01-22408" Z0u APPLICANT'S PROJECT DESCRIPTION ----- - (For ZBA Reference) 1 r':- 77 r 'r Applicant: Kenneth Monaghan Date Prepared: March 30",2020 APR 19 2029 I.For Demolition of Existing Building Areas Please describe areas being removed: Small section of at grade stone walkway. 11. New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Maximum: IO' x 10' 6"addition Dimensions of new second floor: N/A Dimensions of floor above second level:N/A Height(from finished ground to top of ridge): 17' Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: _N/A 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: 2 Number of Floors and Changes WITH Alterations 2 IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 1,256 ftz Proposed increase of building coverage: 1116 s. f. inclusive of the 101 square foot addition,the subject of this application. Square footage of your lot: 37,127 s.f. Percentage of coverage of your lot by building areas existing: proposed: 6.4% V.Purpose of New Construction: Residential addition. 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): Rolling hills to flattened area. Please submit seven (7) 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. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE ��6 FOR FILING WITH YOUR Z.B.A. APPLICATION l A. Is the subject premises listed on the real estate market for sale? A 9 'M, ❑Yes [x]No. B. Are there any proposals to change or alter land contours? [X]No [ ] Yes, please explain: r C. 1)Are there areas that contain sand or wetland grasses?No 2)Are these areas shown on the map submitted with this application?N/A 3)Is the property bulkheaded between the wetlands area and the upland building area? N/A 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction?No Please confirm status of your inquiry or application with the Trustees:N/A D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level?No E. Are there any patios, concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting?None (Please show area of these structures on a diagram if any exist. Or state"none"on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises?No If yes,please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? No If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel: Residential—Single Family attached deck, driveway. (examples: existing: single-family;proposed: same with garage or pool,or other description.) Authorized Signature and Date 2/05; 1/07 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, NEW YORK APR 19 2021 CERTIFICATE OF OCCUPANCY NONCONFORIAIING PREAUSES THIS IS TO CERTIFY that the Land Pre C.O. Z14526 /X1 Building(s) Date- Jung 17. 1986 /—/ Use(s) located at 2750 NASSAU POINT ROAD CUTCHOGUE Street Hamlet shown on County tax map as District 1000, Section 104 , Block 12 Lot 16 does�noOconforrn to the present Building Zone Code of the Town of Southold for the following reasons: insufficient total area. Accessory shed in front yard, On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming e/Land �l Building(s) /:/Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- Property contains a one & one half story, tate is issued is as follows: one family, wood framed dwelling, with an accessory shed; and retaining wall. All this situated in the "A" Residential Agricultural zone with access to Nassau Point Road. The Certificate is issued to Kenneth J. Monaghan _(owner, of the aforesaid building. ,�X �4gt Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises ELAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been concluc,Led. Thi's Certificate, therefore, does not, and is not intended to certify that the Premises comply with all other applicable codes and regula- tions. I`d, I in c inspector FORM NO. 4 TOWN OF SOUTHOLD � 33UILDING DEPARTMENT APR 19 2029 Office of the Building Inspector Town Hall a I Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-22763 Date DECEMBER 2, 1993 THIS CERTIFIES that the buildinu IWDI`,t'ION' & .ALTERATION Location of Prpporty 2?50 NASSA[1 POINT ROAD CTTTCHOGTTE, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 104 Block 12 Lot 16 Subdivision Filed Map No. Lot No.� conforms substantially to the Application for Building Permit heretofore filed in this office dated FLBRUARY 17, 1993 pursuant to which Building Permit No. 21230-Z dated FEBRUARY 22, 1993 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ADDITION & ALTERATION TO EXISTING ONE FAMILY w�a-MLING AS APPLIED FOR. The certificate is issued to KENNETH & K.7W,.GAnT MONAGHAN ._ (owners} of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-291965 - OCTOBER 8, 1993 PLUMBERS CERTIFICATION DATED NOV. 15, 1993 - HARDY PLUMB. & HEAT. NORTH ual Ung Inspector Rev. 1/81 APR 19 2021 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS Lf_L"t LY,- TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use'e variance, area variance or subdivision approval an 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: Kenneth Managharn 2. Address of Applicant:_2_C-,re_euside _7 3. Name of Land Owner (if other than Applicant): 4. Address of Land Owner: S. Description of Proposed 6. Location of Property: (road and Tax map number) 7. Is the parcelwithin 500 feet of afann operation? I Yes f� No 8. Is this parcel actively fanned? ( I Yes N No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. S. 6. (Please use the back of this page if-there are additional property owners) ,2- A . J / Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the'effect of the proposed action on their farm operation. Solicitations Will be made by supplying a copy of this statement, 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix BShort Environmental Environmental Assessment Form APR 19 2021 Instructions for Completing i i u� �r .r. Part 1-Project Information. The applicant or project sponsor is responsible for the completi n of� arf 1. Re�sponses become part of the application for approval or funding,are subject to public review,and may be subject o further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: M 0^J AG H A N Project Location(describe,and attach a location map): Z7SO /V'A-SSAwpJ�,y�-' ,2 n/�►-D Gu Te-,Y o G-tv E Brief Description of Proposed Action: ' f�•� Srr-sj c--- U /-EovrW A-00tTi oNS i"IJ cGu0104C. wvc A 0 0 ITI oN- /� ' � � o •� ' U H 1 C-H I S -174a- SJJ3"CX' o /= FF 2wrrA+a A-Npu c q-i cur4 Name of Applicant or Sponsor: Telephoner/6 -.53/-- Z75- / k:!r vrvr-r-H /� aN/�►-Cs-��1�� E-Mail: dc2,lrNo&l"tiAg4'a7N9aC.. covet Address: z, City/PO: State- Zip Code: -r'>v I-1-4' ev C_ 2?7cs 7 1.Does the proposed action only involve the legislative adoption of a plan, local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ✓ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: S G f>H S - V4^T'&n-S a PPS}1 S 3.a.Total acreage of the site of the proposed action? 0.857_ acres b. Total acreage to be physically disturbed? ,o. I acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? c.857 Z acres 4. Check all land uses that occur on,adjoining and near the proposed action. ElUrban 11Rural(non-agriculture) ElIndustrial 1:1Commercial [/Residential(suburban) ❑Forest ❑Agriculture ❑ Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, "— -W INO YES N/A a.A permitted use under the zoning regulations? APR 19 2021 b Consistent with the adopted comprehensive plan? ✓ 6. Is the proposed action consistent with the predominant character of th existm„g built ori natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area9 NO YES If Yes,identify: d 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? V111 c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ,,/ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: e/ 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? V/ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑Agncultural/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? 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? YNO ❑YES b Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO [(YES Vol Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impouiw.-enY"df'" NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: APR 19 2021 19.Has the site of the proposed action or an adjoining property been the location of an-active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE -x{ra t w A. A+oe¢sor.J Applicant/spo rna e:�F�� CNulRcMlvkpV�i7� C&%� f1vC Date: 3-3� " Z 1 Signature. Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2 Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)9 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public,/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 !' No,or Moderate APR 19 2029 small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail, identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 , i •--`mss.^� - -- - ---�_._..�.. I Board of Zoning ADveals Application � APR 192021 AUTHORIZATION (Where the Applicant is not the Owner) 1, Kenneth Monaghan.residing at 2 Greenside Ct., Durham NC 27707 do hereby authorize Suffolk Environmental Consulting Inc.to apply for variance(s)on my behalf from the Southold Board of Appeals. V-m 4& Kenne h Mo a n � APPLICANTIOWNER ;< TRANSACTIONAL DISCLOSURE FORM T e Tow of Southold's Code of E hits rohi 'ts conflicts of i terest on t e art of Town officers and emglatigegs., Tahg,Purpose of this form is to rov'de informatio `which can 1 rt the Town of ssible conflicts of in rest and allow it to take whatever action is necessa to avoid same, YOUR NAME: Mona han Kenneth — (Last name,first name,middle initial,unless you are applying in the na e ��� of someone else or other entity,such as a company. if so,indicate the other person or company name.) ,APR 1 92021 NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance X Change of Zone Approval fo Plat Other(activity) Do you personally, (or through your company, spouse, sibling, parent,or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, 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 Subttinted this -Z Print Name• K.ennth Monaghan APPLICANT/OWNER TRAiv FACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics)prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same YOUR NAME: Anderson, Bruce (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.) APR 19 2021 Tax Grievance I Variance X I� Change of Zone Approval fo Plat Other(activity) Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, 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 3o"A JAj Signature: Print Name:By+cA-- a. A,ro45y=,Qpt-4 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM APR 19 2029 A. INSTRUCTIONS I 1. All applicants for permits* including Town of Southold agencies, shall complete this ' 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# 112 - 12 - 16 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept/ZBA. ® Board of Trustees ❑ 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: Applicant proposes to construct a 10' x 10' 6" addition to the existing residence. Please refer to the attached Survey for all pro-ject specifications. Attach additional sheets if necessary Location of action: 2750 Nassau Point Road; Cutchoeue,New York Site acreage: 0.852 APR 19 ZUZI Present land use: Residential Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency,the following information shall be provided: (a) Name of applicant: Kenneth Monaghan (b) Mailing address: 2 Greenside Ct.,Durham,NC 27707 (c) Telephone number: Area Code(516)581-2751 (d) Application number, if any: N/A Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No ® If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies;Page 2 for evaluation criteria. ® Yes ❑ No ❑ Not Applicable As indicated within Policy 1, "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of Southold." this project is a proposal to construct an addition no closer to the side lot line than existing Accordingly, this project is consistent with this policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Policy 2 is not applicable in that subject lot and the surrounding neighborhood cannot be deemed a substantial historic and/or archaeological resources. r Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town oMuthold. See LWRP Section III—Policies Pages 5 through 7 for evaluation criteria APR 19 2029 ® Yes ❑ No ❑ Not Applicable Subject proposal will not adversely impact the visual quality of the surrounding area i4�61-the subject parcel was already improved with an existing single-family dwelling which has not impeded visual quality or the value of local scenic resources. Therefore the instant proposal fully complies with this Policy Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ® Yes ❑ No ❑ Not Applicable The addition is inert and has no impact on water quality and supply. Provisions for drainage will be integrated in the Building Permit Application process. Consequently, this project complies with this Policy. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III -Policies Pages 32 through 34 for evaluation criteria ❑ Yes ❑ No ® Not Applicable This project is not applicable to this Policy. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable This project is not applicable to this Policy. Attach additional sheets if necessary 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'4 4jigValuation criteria ❑ Yes ❑ No ® Not Applicable APR 19 2021 This proiect is not applicable to this Policy. « �- Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III—Policies;Pages 47 through 56 for evaluation criteria ❑ Yes ❑ No ® Not Applicable This project is not applicable to this Policy. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound,the Peconic Estuary and Town Waters. See LWRP Section III—Policies;Pages 57 through 62 for evaluation criteria ❑ Yes ❑ No ® Not Applicable This proiect is not applicable to this Policy. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies;Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable This proiect is not applicable to this Policy. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable This project is not applicable to this Policy. Attach additional sheets if necessary 111 1� 1 � .• I 1 1 • r/ r 1 ' I • 1. \'j ��/� � H r �`'�cc.',�J/tp��i'w _s �,may,•?�f p� !e .,�w pS .i t ' r� � � ��.�' :ri :`` �` 'r.'z ..``�'�y� t��' z��.'g�7 �' .LL �'�'w: ,a4�,,��-�.r�``*ex�'•.,��titi � t • 1 � 1 . • � 1 1 • 1 1 • 1 � 1 1 � 1 � ' • MONAGHAN Properho" YR 19 2021 Situate: 2750 Nassau Point Road ■ Cutchogue ■ New York SCTM #: 1000— 104—12— 016 (Photograph taken on April 16, 2021) i k, ME a. t Photograph indicating the approximate location (footprint = blue highlight) for the proposed 1 Story Addition located off the southerly side of the existing dwelling. Photograph taken from the southerly property boundary, facing east. NA HAN PropMO Gert PR 19 2021 Situate: 2750 Nassau Point Road ■ Cutchogue • New York SCTM #: 1000- 104-12- 016 (Photograph taken on April 16, 2021) v _meq,/1 � .,,4 �r t' � r(■L ..t � �,d�t� �l � Y -d r -- f - t Y Y �;b V s Photograph indicating the stake representing the southwesterly corner of the proposed 1 Story Addition located off the southerly side of the existing dwelling. Photograph taken from the southerly section of the property, facing southeast. MONAGHAN Proper - Situate: 2750 Nassau Point Road ■ Cutchogue ■ New York APR 19 2021 SCTM #: 1000 —104 —12— 016 (Photograph taken on April 16, 2021) 17 Photograph indicating the approximate location (footprint = blue highlight) for the proposed 1 Story Addition located off the southerly side of the existing dwelling. Photograph taken from the southerly property boundary, facing northwest. d I'1 NA PropertMOGHAN 719 202, Situate: 2750 Nassau Point Road ■ Cutchogue ■ New York SCTM #: 1000 — 104 —12 — 016 .._ (Photograph taken on April 16, 2021) - F } r' 4 � 6 '•t No ■■ ■: ■■ e ti r Photograph indicating the stake (blue arrow) representing the southwesterly corner of the proposed 1 Story Addition located off the southerly side of the existing dwelling. Photograph taken from the central section of the property, facing southeast. MONA GRAN Prop �'ty a F . 7 Situate: 2750 Nassau Point Road ■ Cutchogue ■ New York APR 1 9 2021 SCTM #: 1000 —104 — 12— 016 (Photograph taken on April 16, 2021) - - - -��-- ---Fl� .v Yy E i e mm ■ mm nmr ' r _ n _ ay a _ �.t Photograph indicating the approximate location (blue arrow) for the proposed 1 Story Addition located off the southerly side of the existing dwelling. Photograph taken from the central section of the property boundary, facing east. TOV JTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N E ACR;, W TYPE OF BUILDING RES.,?/d SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS Y z-,5 00" Ll 00 2 2 q L-?4 'pa,a 7eonn� 'zm-4 LLL F- AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable I Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD eo C3 House Plot8�7 DEPTH ► Total DOCK ti -"- � COLOR TRIM .. :: ■etc .%6 4 i7 73 M. Bldg. t t J X Foundation r Bath f Dinette — Extension 1 ,, G�� Basement Floors K. Extension ; Ext. Walls Interior Finish LR. Extension Fire Place Heat DR. ;Type Roof _ Rooms 1st Floor - BR. - - Porch Z � Recreation Room Rooms 2nd Floor FIN. B. � ,� , , �- s � �- Porch Dormer Breezeway j Driveway Garage -nv Patio O. B. C* r. Tota l Z �r rTl ■■■■■■■■ME■■■■■ ■■■■ • • . i■iii■ii■ii�i■■i�iii■■i�ii ■■■OM■■UM■■NINMEN ■■■■■�■■■■■■�■■■ ■■■ ■=i■iii■■i�iinii�iiii�in Foundation ii�ii■�■iiiiii■i■ ■iii • of IL Interior Finish • Heati .• R. • Woodstove t Suffolk Environmental Consulting, Inc. Newman Village Suite E a 2310 Main Street PO Box 2003 - Bridgehampton NY 11932-2003 t 631.537.5160 ® f 631.537.5291 Bruce Anderson,M.S.,President Hand Delivered April 16, 2021 Zoning Board of Appeals R'�EIIIED Town of Southold P.O. Box 1179 APR 1 21 Southold, NY 11971 zoning Board Of Appeals RE: MONAGHAN Property—Application for Variance Situate: 2750 Nassau Point Road • Cutchogue SCTM#: 1000—104—12—16 Dear Members of the Board, This Firm represents the owners of the property, who are seeking relief from the provisions of Southold Town Code Article XXIII §280-124 pursuant to a Notice of Disapproval issued by the Southold Town Building Department last dated March 24, 2021 for a proposed house addition.The Application contents are as follows: 1. Notice of Disapproval last dated March 24, 2021 issued by the Southold Town Building Department, one original and eight(8) copies; 2. Application to the Southold Town Zoning Board of Appeals dated March 30, 2021, one original and eight(8) copies; 3. Applicants project description prepared on March 30, 2021, 2020 one original and eight(8) copies; 4. Questionnaire for filing with your Z.B.A.Application dated March 30, 2021,one original and eight(8) copies; 5. Pre-Existing Certificate of Occupancy, No.Z14526 dated June 17, 1986, nine (9) copies; 6. Certificate.of Occupancy, No.Z22763 dated December 2, 1993,-nine (9) copies; 7. Agricultural Data Statement, prepared by this office on March 30,2021, one original and eight (8) copies; 8. Authorization Form executed by the property owner, Kenneth Monaghan,one original and eight (8) copies; 9. Applicant Transactional Disclosure Form executed by the owner of the property, one original and eight(8) copies; 10. Applicant/Agent/Representative Transactional Disclosure Form executed by myself, one original and eight(8) copies; 11. SEQRA Short Environmental Assessment Form,one original and eight(8)' opies; 12. LWRP consistency assessment form, one original and eight(8) copies 1 L�2� 13. Photographs of the property and current conditions thereon, nine (9) se' 14. Property Assessment Card obtained from the Southold Town Assessors Office; nine'(9) copies; 15. Surveys prepared by Twin Forks Land Surveying depicting the proposed conditions(last dated March 2, 2021, nine (9)sets of each; 16. Building Plans prepared by Suter nd Suter dated October 14,2020, nine (9) sets and; 17. Check Made out to the Town of Southold in full satisfaction of the requisite application fee. By way of this correspondence, I request that you commence the processing of this application and schedule a public hearing for presentation and determination.Thank you in advance for your anticipated cooperation.Should you have any questions or concerns regarding this matter, please feel free to reach out to this office at any time. Sincerely, Bruce A.Anderson (enc.) C.C. K. Monaghan B.Suter Fuentes, Kim From: Fuentes, Kim Sent: Tuesday, November 30, 2021 9:52 AM To: 'Bruce Anderson' Cc: Westermann, Donna;�Sakarellos, Elizabeth Subject: RE:#7517 Kenneth Monaghan - Reminder- Property Owners Statement Hi Bruce, Have you forwarded the subject documents to us? Thank you. Kim E. Fuentes Board Assistant �� Zoning Board of Appeals 631-765-1809 (7% kim&Z youtholdtown , q J �� Location: 54375 Main Road P� . Mail:P.O. Box 1179 Southold, NP 11971 From: Bruce Anderson<bruce@suffolkenvironmental.com> Sent:Tuesday, October 5, 20214:43 PM To: Fuentes, Kim <kimf@southoldtownny.gov> Subject: Re:#7517 Kenneth Monaghan -Reminder- Property Owners Statement Kim Already done. I will forward them to you as we are filing for a building permit shortly. Regards Brucea. On Tue,Oct 5, 2021 at 10:36 AM Fuentes, Kim <kimf@southoldtownny.gov>wrote: Hi Bruce, 3 1 This is a reminder that we are awaiting the return of the property owner's statement. A copy is attached. Thank you. F i Kim E. Fuentes z Board Assistant Zoning Board of Appeals i 631-765-1809 kim&southoldtownny.gov F i i Location: 54375 Main Road Mail:P.0. Bou 1179 F Southold, NY 11971 3 3 }3 t fF 2 Fuentes, Kim From: Fuentes, Kim Sent: Tuesday, October 5, 2021, 10:37 AM To: 'Bruce Anderson' Cc: Sakarellos, Elizabeth Subject: #7517 Kenneth Monaghan - Reminder- Property Owners Statement Attachments: Property Owners Statement#7517 Monaghan.docx Hi Bruce, This is a reminder that we are awaiting the return of the property owner's statement. A copy is attached. Thank you. Kim E. Fuentes Board Assistant Zoning Board of Appeals 631-765-1809 imf(,� outhol townny. ov Location: 54375 Main Road Mail:P.O. Box 1179 Southold, IVY 11971 ELIZABETH A.NEVILLE,MMC �� r/y Town Hall,53095 Main Road TOWN CLEIIKo= P.O.Box 1179 ti Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 0 • .F Fax(631)765-6145 MARRIAGE OFFICER A Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �o,( , �� 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 28, 2021 RE: Zoning Appeal No. 7517 Transmitted herewith is Zoning Appeals No. 7517 for Kenneth Monaghan: __,,^otice(s) of Disapproval _,,,�Ihe Application to the Southold Town Zoning Board of Appeals __,.,,Applicant's Project Description JG Questionnaire ,,.-'Correspondence- 4 J 1 Q(21 Lt,1-kW-10 ZSA 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) LWRP Consistency Assessment Form _,/Photos ,/Property Record Card(s) Maps- ,,Survey/Site Plan _ enrawings .wn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 04/28/21 Receipt#: 280081 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7517 $250.00 Total Paid: $250.00 Notes: Payment Type Amount Paid By CK#1597 $25000 Monaghan, Kenneth & Margaret Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Monaghan, Kenneth & Margaret 2 Greenside Ct Durham, NC 27707 Clerk ID: JENNIFER Internal ID:7517 Fuentes, Kim From: Fuentes, Kim Sent: Friday,July 30, 2021 9:14 AM To: Leslie Weisman Forward; Eric Dantes; lesliew@town.southold.ny.us; Nicholas Planamento; Patricia Acampora; Rob Lehnert Cc: Sakarellos, Elizabeth; Donna Westermann 1-611 -V Subject: FW: Southold Zoning Board Appeals Case# PUBLIC COMMENT Attachments: Zoning Board Case#7517.pdf, 7350 Justin Mirro.pdf See below public comment from Justin Mirro. I also sent you the file on Justin Mirro, atta` hed. �1 �� Reviewing our file and the Building Dept. file, I see no swimming pool proposed. Kim E. Fuentes I Board.Assistant f-?1p �at Zoning Board of Appeals �—- --- J 631-765-1809 kimfta),southoldtownn y.g Location:54375 Main Road Mail:P.O. Box 1179 Southold, IVY 11952 From:Justin Mirro<jmirro@kensington-cap.com> Sent: Friday,July 30, 20218:53 AM To: Fuentes, Kim <kimf@southoldtownny.gov> Subject: FW: Southold Zoning Board Appeals Case#7515 Kim, Can you please confirm receipt of this email? Thanks, Justin Justin Mirro 2650 Nassau Point Road,Cutchogue 646-382-5153 From:Justin Mirro Sent: Monday,July 12, 202111:33 AM To: kimf@southoldtownny.gov Subject:Southold Zoning Board Appeals Case#7515 1 r - Dear Kim Fuentes, _ T This email serves as a response to the certified letter that I received regarding the zoning variance requested by Kenneth Monaghan #7517 to reduce their side yard setback. As their neighbor directly to their north (my lot is#176 and my survey is attached for reference), I make the following requests: 1. The proposed 2-story addition is directly next to my outdoor shower and deck, significantly affecting my privacy and view. My entire home is only one-story so this new proposed 2-story addition will be looking down on my entire house. While I am not asking for the structure to be modified, I request a complete landscaping plan that shows proper screening along the entire north edge of Lot 175. 2. Due to the low elevation of Lot 175, it is prone to significant flooding and is causing erosion on Nassau Point Road. Please confirm that these plans include the appropriate number of dry wells to handle this significant increase in lot coverage as well as the existing flooding conditions of this low-lying property. 3. My understanding is that this proposed construction project of Lot 175 was to accommodate a large pool in the middle of the yard, but I don't see this on the proposed survey. Please confirm that no pool is being considered as part of this proposal. Please confirm receipt of this email and that it will be included in the hearing on Thursday,August 5th Thank you, Justin Mirro t Justin E. Mirro Kensington RE Holdings, LLC Three Greenacre Court Kensington, NY 11021 646-382-5153 2 Fuentes, Kim From: Justin Mirro <jmirro@kensington-cap.com> Sent: Friday,July 30, 2021 8:53 AM To: Fuentes, Kim Subject: FW: Southold Zoning Board Appeals Case#7515 Attachments: Zoning Board Case#7517.pdf Kim, Can you please confirm receipt of this email? Thanks, Justin Justin Mirro 2650 Nassau Point Road,Cutchogue 646-382-5153 From:Justin Mirro Sent: Monday,July 12, 202111:33 AM To: kimf@southoldtownny.gov Subject:Southold Zoning Board Appeals Case#7515 Dear Kim Fuentes, This email serves as a response to the certified letter that I received regarding the zoning variance requested by Kenneth Monaghan#7517 to reduce their side yard setback. As their neighbor directly to their north (my lot is#176 and my survey is attached for reference), I make the following requests: 1. The proposed 2-story addition is directly next to my outdoor shower and deck,significantly affecting my privacy and view. My entire home is only one-story so this new proposed 2-story addition will be looking down on my entire house. While I am not asking for the structure to be modified, I request a complete landscaping plan that shows proper screening along the entire north edge of Lot 175. 2. Due to the low elevation of Lot 175, it is prone to significant flooding and is causing erosion on Nassau Point Road. Please confirm that these plans include the appropriate number of dry wells to handle this significant increase in lot coverage as well as the existing flooding conditions of this low-lying property. 3. My understanding is that this proposed construction project of Lot 175 was to accommodate a large pool in the middle of the yard, but I don't see this on the proposed survey. Please confirm that no pool is being considered as part of this proposal. Please confirm receipt of this email and that it will be included in the hearing on Thursday,August 5th. Thank you, Justin Mirro 1 Justin E. Mirro Kensington RE Holdings, II.0 Three Greenacre Court Kensington, NY 11021 646-382-5153 2 BOARD MEN/IBERSSouthold Town Hall Leslic Kanes Weisman,Chairperson �'� s 0 53095 Main Road- P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Eric Dantes Office Location: Town Annex-iFirst"Floor, Robert,Lchnert_Ir. 54375 Main Road(art Youngs Avenue) Nicholas Planamento t� Own Southold,NY 11971 littp://soLitlioldtowiiiiy.gov ZONIN('N' BOA RD-1OF APPEALS TOWN OF SOUTI-101,D Tell.(()31) 765-1809a Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 8, 2021 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280'(Zoning), Town of'Southold, the following "IN PERSON" public hearing will lip held by the SOUTHOLD TOWN ZONING BOARD-OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 111971-0969, on'THURSDAY, AUGUST 5, 2021: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as,it is happening via ZOOM WEBINAR.- Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda,for this meeting which may be viewed at hftp://southoldtownhy.gov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at httlpi.://south oldtown ny.govicalenda r.asp 1010 A.M. - KENNETH MONAGHAN #7517 - Request for-a Variance from Article XXIII, Section 286-124; and -the Building Inspector's March 24, 2021 Notice of Disapproval .based on an,applicatickn for a pernAt to construct additions and alterations to an existing single, f4mily ,&felling; at ,1,) located less than the code minimum required side yard setback of 16 feet; located at: 2750 Nassau Point Road, Cutchogue, NY. SCTM No. 1000-104-12-16, The Board of Appeals wi,ll,hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under-Zoning Board-of Appeals (ZBA)\Board Actions\Pending. Click Link: http://24.38,.28.228:2040/weblink/Browse,aspx?dbid=0. if you have questions, please telephone our office at(631)765-1809,or by email: kimf@southoldtbwnny.gov. Dated: JULY 16, 2021 ZONING BOARD OF APPEALS LESLIE,KANES WEISMAN, CHAIRPERSON By: Winn,E. Fuentes 54375 Main Road (Office Location), 53095 Main,Road (Mailing/USPS) P.O. Box 1.179 Southold, NY 11971-0959 4' S7RE£T ADDRESS-2650 NASSAU PONT ROAD SURVEY OF PROPERTY AT NASSAU POINT LOT NUMBERS REFER TO AMENOEO MAP w OF NASSAU TOWN OF SOUTHOLD POINT OWNED BY NASSAU PONT PROPEN17a 7NC' SUFFOLK COUNTY, N,Y. FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON 1000-104--12-15 AUGUST 18, 1922 AS MAP NO, 156, SCALA 1'=10' FEBRUARY 2,2010 OCTOBER 9,2020 2 Lo-r 177 5,4a tA } G I '36'20' E N76 ,, p9T t$tONC ♦YWNi ^ ,,��iiyy �t . \ LOT 1j6 a .r. e �! rsa rs• t aRnno To., W EVIG GW KENSINGTON CAPITAL PARTNERS LLC P70EUTY NA11ONAL 7l7t,_EfAW4ANCf COMPANY W LOT°t75 ��a r4 Gw / ■=MONUMENT G NO 49618 AMY ALTERAICIY OR AOn1ION 10 MS SIRPEY,13 A�WMAnOM PEC OF SECICW 7209 a'Ire NEW YM STAT£EN)CAIM LAW (631} 631)765-1787 rt p�f 6 11 As PER s:cnaM r.1or-sysrawsav z Au tEanntanays P,O,BO MEA-29,W 80.FT N£REQN ARe 1.14.n6S MAP ANO 4Yi tE5 IHEREl QYLY M SAW MAP oR comes MR INE IAIMMMP SEAL OP INE SnRWWR 1230 TRAVELI'R'S7R£ET TOME UNE' NH05EV"IXPEAPMRS rMM,. SOUTHOLD,N.Y, 11971 1D-1D5 ed63ea5f-1163-402a-a402-5487822d6831 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICESOUTHOLD TOWN ZONING BOARD OF APPEALSTHURSDAY,AUGUST 5, 202,1 at 10.00 AMPUBLIC KARINGSNOTICE IS HEREBY GIVEN, pursuant to Section-267 of the Town Law and Town Code Chapter 2,80•(Zoning)*Town of Southold,the foltowing".IN PERSON"public hearing will be held by the SOUT.HOLD TOWN ZONING BOARD OF APPEALS at the T,6wh Hall,53495 Main Road, Southold, New York 11071-0959;on THURSDAY,AUGUST 51 202 ; The public may ALSO have access to View, listen and make comrne6t duyrng the PUBLIC'HEAAING as it is happen"rng via ZOQM'WEBINAR, 'Details about -- — - ___how-to u in-gnd;make_+pr,menu_during-toe-P iBLIO-HEARING are-on-the-ToWnt-wibbsiie agenda.fbr-__ - -- -- this me ting which rrray be vi nred at http,//.Sot)tholdtownny.gov/ag(zndacenter. Additionally,,there will .-be•a Grikto,the Zoom Webitiar,meeting at http:/Iso�utholdtowhny.gov./calendar.aspx. 10:.00 A,M,-FNNO, AN[7 FIANN#lN M BOER,#7516"=Request for Variancesfrom Articlo,)WII, Section 280-124,-and the Building`Irispectot's March"18,2021,Arden-sled.April 9,202.1 Notice of l)jsapproval b'a'sed on art aRP)icatbn lora perit}it'to On$trut:t ad0it1on$ana,altetati64s td ari existing sin'gfo family dwelling;at 1) `l�patped-iessr an-the cbde minimum required side yard setback 4f f0-feet; 2) looted less,than the code miftihtum rec Uig d mi ined��Idayard�etbacic of 2,5 feet•,,3.)more than the code permitted maximum lot cEi eraBe:of 24%; taral ed ed - .555 Fleetwood Rogd.(Adj.to East.Creek), CutchogueX NY.:SCTM No 0�0=137-4YB4;iiizili?'�1,�1.:=,I��NN�TH N1C�1�lA+SHAh1.�3�i7 Request for a Va'riance from Ait'rcle XIII, =�ecti�rx,28t�-x���1?i�the�tti��i���r spectol's Ma�`ch?4i 2021 Rotic a of Disa�pr alral based on an apphca oil f tic%a peri itt tt�cons fu additidt is and"alterations to,ari eg1stidg; ingl0 fbfi. dwellift ,:at i Focated ess Bi'art the cede rrtthIMLfm"reguiredside yard SeiEback of 1S feet; located at: 2750 Nassau Poihi= Rb.Z4 G utcho e, NY.- 'M GTM IVo;��;0'00-104.42-16,10-20-AM. -JOAQ CARLOS Ot�N A QQS$ANTOS,ANO QI:AUDtk M. MY p ivIONT0I A..97.518 Request fol a Use Varlaitce ftorn Article Il I,St:ctit�t5,280:iB(C) artd the Building In'spector's Januoty 2ij 2021, Notice,of Disapproval based.on an.application fora. pe iicXit to cQaStruct alterations-to'a'rr existing accessory,garage to=convert to-an office; at l)proposed cvt f,'slbn d6e�riot 6mstitutd a p&fiiittbd accessbq use;lbC-ate8 at: 275-Maple Lahe,Mittituck, NY. Sim NO:.IOtiO>107-2=10:1:10 0&M.':-'CHRISTOPHER STOCKER AND JOHN COICUZZO #-x'519 Request for Variances from Article IiS,.Section 280-15;,and the Building Inspector's April 1,2021 Notice Of r%apprbval:based orr an application for a permit to construct,an a'cces'sory structure; at 1)located - less than the rode minimum required.rear yard setback of 1$feat; 2) located less than the code minimum roquirod side yard setback of 15 feet; located at:,3375 Depot Lane, Cutchogue, NY. SCT.M No. 1000402-1.6.1,10:10 A.M. -ANTHEA CARR AND PAUL M. SMITH#7520 --Request for a Variance from AMcle-111r Section 280-15; arictjthe Building Inspector's March 4r 2021 Notice of Disapproval based on-an applicabon-for a permit to,replace an existing accessory-shed with a new accessary shed; at 1)located in other than the°code f`equi"red near yards located at: 1030 WestVtiew Drive, Mattituck, NY. 8&M No. 1000-1 g-i-5.�0:50 AKM. -JONNAH}iOLLANDEa X7522-Request fora Variance from Article MII; Section.280=124,;and the Building Inspectbes April 2612021-Notice of Disapproval based on an ,applicatiort.for;a,permit to constrtict an accessoryin-ground swimming pool;,cit 1) more than the code permitted maxirrium,lot coverage of 2011%; located at: 275 Mapie-Street,Greenport, IVY. SGT,4 No. 1OQO- 42Y�-1S.1i:00'A:NI. -ANEiREAS-ZOII-i4S-0525- Request for a Variance from Article)Oar, Section.280- 1.16A(1);and the Building Inspector's April 5, 2021, Amended June 18, 2021 Notice.of Disapproval based on an-applicat on for a periiiit-to:,construct an accessory in-ground swimming pool; at 1) swimming pool is-located"less than'the,code required 100 feet from the top of the bluff;located at: 147.0 Grandview Drive, (AdJ.to Long Island Sound) Orient, NY,SCTM No. 1000-14-2-3.15.1:00 P.M.-ARETI LAVALLE #75 1 :Request fbr a Variance from Article XXH, Section 280-116A(1); and the Building Inspector's March 12, 2021,Amended May 12, 2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool; at 1).located less than the code,required 100 feet from-the top of the bluff; located at: 555 Sound View Road, (Adj. to Long Island'Souhd) Orient, NY. ed63ea5f=1163-402a-a402-5487822d6831 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times SUM No. 1000=15-3-7.1:10 P.M. - DAVID GARN5R AND JEAN MGGEE #7523 - Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as,SCTM No. 10OO-41-1-33 which has merged with SCTT4 No. 100041-1-34, based on the Building Jpn pector's-February,8� 202.1; Notice,of Disapproval, which states that a non-cbnforming kit shall merge-with an adjacent-conforming or nt�n-confotiiirig lot Feld.imcommnh ownership with the first lot at anytime after July`it 1983 and -that-nosh-conforming lots shajl'merge until the total lot size conforms to the,current hulk schedule requ1tehietits(minimum 40y(100,sq.ft. in tfie K-40-Residential Zoning District); located, at 816 Weshington Avenue-Greenpott,NY,5CTM Nos,1000-41-1-33 and 1000-41-1-34. 1:20 P.M.-DANZEL MA22Al Ityl AND ANDRE I GROVI=R#7524-Roquest for Variances from 'Article.IV,,Section 280-1, %, - -Article-XXIIT Se6ion-280416A(1); and the-3ullding-Inspector`s April t -,-2021 Notice of,'DisappfWal- -------------------- based on an.:application fora'permit to demolistr nand,reconstruct a singe,family dwelling i�nd construct - -- - ar1 accessory in-ground swimming pool located i6the ubdivisian of Pebble:Beach Fariils;.at 1)•located `less than-tho-castle required mlhimum side yard setback of 7.5 feet; 2) located-less,than the.codq required minimutm cortlbihedside yard setback of 17.5 feet;3)swimming pool,focated less tfian-the-cod,a� required 100 feet from the top ofthe blur; located at: 915 The Strapp,(Mdj, to tong Island$b> nd) Fast rlon Ma ; NYS S 'M No. 1000--21•-6-8,..30 P.M. -'YANA WAT50N KAKAA #7526» Rrsquestfor a Va'iianae from Article XXII, $0,pti6n 20, 0SA.and tire:Building Inspector's April 1% 20.21 Notice of'D!Wpg�ovaf base!r�ri an, ;pplication,f6k--Wperr)lit tv coDstr�rd,�,six:fbbt:high portion of popefehcitrg,in:the.f anL rd• single fatiiil}!.. tilt it- g;-at.T)feride is°more-than the:code,I�ei`mitt�ci itraxirnfurn`fpor��}"f, i�li�7gh� ` en,I aced.n:lr rdit,001t rd"Xooated'att 'k,,S Afc(rich t ane; xtert lon>:( djy to l oia Tsui lurid - ... - __u :Nita k= 1� ; M-.I�"o:]DgQr `;1- :4 tf4-P:M.—(iAitQ_ pftNEl�PAR CI1RS,'I LG'=. 74 ' Rjust_` rice•ff titrt G�rti�cl f:Section 8ar4fi=ant'1 he Kiril ing`'ln p tor` lune 28�2gZ Notit cif Disapproval-based on on•appli`�tipn ford permit�to c:onstrict:0 mixed-use•commercial b ILdicig-:vstlth acce svey apaf grits obho four"sirigre.fatttily dwellings at 1.)Iodated fess than thecode•re-dit'6 `n`tHtmum-waryard setback.-of,25 feet;located at,,5-3530 Main-Road,Southold; NY.scTym No:IJ00 ,-6,- 4-1.1:50 P.M.—PHIUP LORIA47498—(Adjourned from July 1, 2021.) Request.for'Varlances`66ib Art1de )M,.Section 280-1$;`Article XH1,:Sectibn 280=56; and the Building Inspector's Febr Uary'5, 2021 Notice VoF Disapproval ba d on the Zoning'Board of Appeals Inter-pretatiort-of Town Qdd'Artiefe VIII Ser tiprr:x8b= 154""Bulk,Schedule"rP9ardin9setbacks•for-a residential use in an MH zone.district, ir26A Fle:#68414 March,i9 2015).-on an applteati,on for a permit tmconstructa single family dwellings at 1)Ibcatedl less than the code required front yard setback of 35 feet; 2)located less than the code required rear yard sefta of 35 feet;'3)loO-ted less than the rriiriitntlrrr side-yard setback of 15 feet;4)more Mian the code permitted maximum two acrd one half`storle% located.at: 1090 First Street, New Suffolk, NY.8M- Nm 10000-117 7-31. The B.oard'of appeals will heaP,alf persons or their representatives,desiring to be, heard at each hearing, and/or desiring to submit written Statements before the coriduslo'n ofeach heaelrig.-tach:hearing wjll`not=start earlierthan designated above. Fles-amavailabfe fbr re% ew on The- Town's Weblink/I aserfiche under Zoning Board of Appeals(2OA)1Bvaxd Actloi s\Ppndin9, Clock fink,• ht4tp:g-24.38:28,22$:2040/Weblitik/B`roV4e.aspx?dbid=0_ Contact our office at:(631,)76$4800,or'-by email':-kirnf@southoldtownny.govDated; July 15, 20212.ONING BOARD OF APPEALS;LESLIE KANE§ . WEISMAN,CHAIRPERSONBY: Kim E. Fuentes54375 Main,Road (Office Location),P O. Box 1179, Sbuthold, NY 11971-0959 ed63ea5f-116.3-402a-8402-5487822d6831 IcJnif@soL0voidtownny.gov AFFIDAVIT OF PUB CATION The Suffolk Times State of New York, County-of Suffolk,, The undersigned is the authorized desi rtee df,An`drev►►.•01sen, the publisher of The Suffolk Times; a Weekly Newspaper published in Suffblk County, New York. I certify that the public notice,a printed •copy of which is attached her-eto,,Vvas prihted and publish-ed,in this newspaper ori the fQllbwlrtg dates; July 29,20,21 This,newspaper.has been designated by,the CountyCJerkof Sutfolk County, as a newspaper of record in this count r,arrd as such, is eligible to publish such notices. Eliot T. Putnahl printed Name Subscribed-and sworn to before alae, This 09 day, of August 2021 • , ata , griat%r e. c OF NEW'YQRIt RJ• NOTARY PUBLIC - y nLn1Nv NotaryPublicStamp° r'� oiar:`es°ua, ;'�4 o . ,� 'r�rrSthl a ,,n4p TOWN OF SOUTHOLD ZONING BOARD OF APPEA& Appeal No. G SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: MAILINGS (Name of Applicant 1/O�wnQer) � l�A 1 �T w SCTM No. 1000- 104 — — (Address of Property) l (Section, Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, ( %,/) Agent _JV W c., residing at SUFFOLK ENVIRONMENTAL CONSULMNG-;N^ New York, P.O.BOX 2003 BRIDGEHAM T N.NY 11932.2003 being duly sworn, deposes and says t�ia�: ;, , 11 On the day,of v1, , 20 Zt, I.personally.mailed at the United States Post Office inV� �Cc�a&6= ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the ( ) Assessors, or( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this MATTHEW D. (VANS /3 day of -v(A 20 ZI NOTARY PUBLIC-STATE OF NEW YORK No.01IV6053859 Qualified in Suffolk County Lary Public) My Commission Expires 01-22-'SM 2oz3 PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. ■ . ■ q-' Er Er B m I Rl I m 0 1Cal M IiQ. 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A Signature ■ Print your name and address on the reverse X [3 Agent _ _ so that we can return the card to you. (J ❑Addressee l ■ (attach this card to the back of the mailpiece, B. Received by(Printed Name) C.date of Delivery or on the front if space permits. j 1. Article Addressed to: D. Is delivery addr different frdm item 1? Yes If YES,enter delivery address below: 0 No MauryS Harris I 55 Valley Greens Dr Valley Stream,NY 11581 I 1 _ ? II 3. Service Type [3 Priority Mail Express® ❑I IIIIII IIII III I��I II I I II I II II II I IIII III AduliSgnature Registered Mail q,Adult Si0 Restricted Restricted Delivery Registered Mail Restricted Certified mail@ 9590 9402 6284 0274 0156 63 13 Certified Mail Restricted Delivery ❑Signature contirmation7m ❑Collect on Delivery El Signature Confirmation 2.Article Number(Transfer from servke,labeo__,__._ -.-I[]IGo lectt onnaDlelivery Restricted Delivery, Restricted Delivery 7020 2450 0000 8 4 6 9 3950 ',insured Mail Restricted Delivery i (over$500) PS Form 3811,July 2020 PSN 7530-02-b00-905$ Domestic Return Receipt - � t ON • • ON SENDER: COMPLETETHIS ■ Complete items 1,2,and 3. A signatdr� ❑Agent ■ Print your name and address on the reverse X 0 Addressee 1 so that we-can return the card to you. B. Received by(Printed Name) C.Date of Delivery i ■ Attach this card to the back of the mailpiece, 1 or on the front if space permits. i 1. Article Addressed to: --- D.Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: 0 No Catherine Samaan and John Carter 270 1st Ave Apt 8A I _ New York,NY 10009 3. Service Type ❑Prionty Mail Expresso i II�IIIIII IIII IIIIII IIIIIIIII IiIIIIII IIII I I III Vdult d Mair Restricted Deiivery ❑Registered Mail Restricted Ce- Delivery 9590 9402 6284 0274 0157 00 [3Certified Mall Restricted Delivery El Signature CorrfirmationTr" ❑Collect on Delivery ❑Signature Confirmation ❑Collect on Delivery Restricted Delivery Restricted Delivery 2. Article Number(Transfer from service label) •-cared Mail 7 0 2 0;;2;4 5 0 ,0 0 0 0 .8469 5 3 9 2 9; Our$500) Restricted Delivery er$500) PS For 3811,July 2020 PSN 7530-02-b00-9053a,, - Domestic Return Receipt COMPLETE SECTIONON COMPLETE THIS ■ Complete items 1,2,and 3. A. Signature _ ❑Ager, ■ Print your name and address on the reverse -- X so that we can return the,card to you. ' ■ Attach this card to the back'of the mailpiece, B. eceiv me ' or on the front if space permits. f 1. Article Addressed to: D. Is delive ente Brunet Beverly J Trust i r 184 Marcellus Rd _t_Mineola,NY 11501 I l 19 3, Service Type b Priority Mall Express® { RA ad Signature 0 Registered Melin" III IIIIII IIII IIIIII IIIIIIIII IIIIII 111111 ill d CertfledMauril(D Restricted Delivery Q De9very dMailRestrlcted I 9590 9402 6284 0274 0156 56 ❑Certified Mail Restricted Delivery ❑Signature Confirmation- 0 Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service label) 11 Collect on Delivery Restricted Delivery Restricted Delivery —� ❑Insurred Mail Restricted Delivery 7020 2450 0000 8469 3967 ed Mall (over$500) ,'PS Form 3811;jbiy'2020 PSN 7530-02-000-9053 Domestic Return Receipt a TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLDt NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING Kenneth Monaghan SCTIM No. 1000-104 — 12 — 16 (Name of Applicants) (Section,Block &Lot) COUNTY OF SUFFOLK STATE OF NEW YORK Robert W. Anderson residing at P.O. Sox 2003 Bridgehampton. New York,being duly sworn,depose and say that: lamthe( Ommer'or(X)Agent for 'owner of the subject property On the '261h day of Tuly 2021,1 personally placed the Town's OfficW Poster on subject property located.at: 2750 Nassau Point Road. Cutchogue, NY • 11935 indicating the date of hearing and nature of application noted thereon,securely upon subject property, located ten(10)feet or,closer from the sttcct-or right-of-Way(drivcway 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 410 subject hearing date,which hearing date was shown to be August 51h, 2021 (dWn_kAgent gijifa'tt i re) S%vom to before me this Day of J UL 20?0 MATTHEW D. IVANS NOTARY PUBLIC-STATE OF NEW YORK j��W�tic) No OlIV6053859 Qualified in Suffolk county onear the entrance ordrive.xv y entrance of property,as the area most yisiW"tserb5Expires 01-z 2a Z3 IS SECTION COMPLETE THIS SEC7 FIN DELIVERY ■ Complete items 1,2,and 3. A. ' oat e Il Print your name and address on the reverse X 13 Agent so that we can return the card to you. ❑A dresses ■ Attach-this card to the back of the mailpiece, ceived b ted N e) at o D li ery or on the front if space permits. 1. Article Addressed to:. Is elivery address different from item 17 ❑ s If YES,enter delivery address below: ❑No I Edeen'Santora and Gary Lieberman S 650 Vanston Rd Cutchogue,NY 11935 3�Odult Service Typo Iltl�l IIII III I I�Ill fl l l 11 11111 ill I 111 li I IIIQ Regi ty Mail Express@ dult Signature ❑Registered MaILTm `�Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 6284 0274 0157 17 ertified Mail® Delivery ❑certified Mail Restricted Delivery, ❑SignatureConflnnationTm ❑Collect on Delivery . 'M'Signature Confirmation j 2.HCtiCf_8 Number(TlnBfer from SelViCe label} __ ❑Collect on Delivery Restricted Delivery Restricted Delivery g.t rr•6Y'r —.. r isured Mali 7020 245`°: - •� _ 4 r 3 ]�2• lver$500) Restricted Delivery i PS Form 3811 j July 2020 PSN 7530-02-000 2053 Domestic Returg Receipt l _ COMPLETE •N --j' COMPLETE THIS SECTIONON DELIVERY ■ Completeitems 1,2,and 3. A. Signature ` ■ Print your name and address on the reverseX E3Agent ` I so that we can return the card to you. d Addressee } ■ Attach this card to the back of the mailpiece,-. B. Received by(Printed Name) C.qte of Pelivery or on the front if space permits. C'1q '1 ( 2I 1 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes I! it YES,enter delivery address below: ❑No I James Carse and Jodi Sweetbaum Carse 131 Fifth Ave Apt 204 New York,NY 10003 II I IIIIII IIII III I II III!I I I II I II II III II I II I I III 3. Service Type ❑Priority Mall Ecpress@ ❑Adult Signature 17 Registered Mall"m I ❑Adult Signature Restricted Delivery E3 Registered Mail Restricted, 9590 9402 6284 0274 0157 24 off ❑Certified Mails Delivery Certified Mail Restricted Delivery d Signature Conflrmation*m ❑Collect on Delivery ❑Signature Confirmation Article_Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ^ nsured Mail 0 0 .8 4 6 9 3 9 0 5 over$b00j it Restricted Delivery I�P_SF_orm 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt` ■ Complete items 1,2,and 3. • ' ■ Print your name and address on the reverse A. Sig ature } so that we can-return the,card to you. X L' I 1 ■ Attach this card to the back'of the mail iece ���d E3/agent S o=ti the front if space permits. p Rej4���tl!�,y�Pr/nted Name Addressee j 1• ! ''le Addressed to: �" f {/y ) C,D to of P611very D. is delivery address differeht'from°item 1? ❑Yes '- If YES,ententlelivery address•tielow. Kensington RE Hldgs LLC j Lay !� a No 3 Greenacre Ct Qk-y" (' Kensington,NY 11021 IIIIIIIII IIII IIIIII IIIIIIIII IIIIAl>A IIIIIIIIIIIIII Service Type El ! Q Adult Signature 17 Priority Mail Express® 9590 9402 6284 0274 0157 31 �duitSignatureRestdctedDeiive 13 Registered } Certified Mail@ ry ❑Registered Mail Restricted 2. Article Number ❑Cerrtfied Mail Restricted DeliveryDelivery (transfer from service label Collect on Delivery I7 Signature ConfirmationTm P20 2 a / ❑Collect on Delivery Restricted Delivery 13 Signature Confirmation 2450 0 0 0 0 8469- 389 m'�sured Mall �y Restricted Delivery PS Form 3$11 JL11y 2020 PSN 75 0 02-000-90,53 9 psured Mail Restricted Delivery bver$500) t Domestic Return Receipt + MONAGHAN Property Situate: 2750 Nassau Point Road • Cutchogue, NY 11935 SCTM#: 1000 — 104— 12— 16 * ffi b yY 4 ■ a�a �r-� I 1 _ h � "4 x ! 1 ��y KWIC „ 4� "6 � 1•. ..p'a y�fes°` 'y..,•.^'•' 'r•" � ,..w���•3.:,� . t'". - _ y� r v _ �w PC • V�1� DCOMPLETE SECTIONCOMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A. Signature t Print your name and address on the reverse X 0 Agent so that we can return the,card to you. ❑Addressee { ■ Attach this card to the backsof the mailplece, B. ReceiveO(V' L,1 �9 C.Date of Delivery j y or on the front if space permits. �� U 1. Article Addressed to: D. Is delivery address di rent frm item 1? ❑Yes if YES,enter delivery address below: ❑No (ff i Philip M Palmeri 67 Hilton Ave Apt A16 1 Garden City,NY 11530 I II IIIIII I'll III I II III II I I II II��I III III I II III 3. Service Type l7 Priority Man Express® ❑Registered❑Adult Signature MaiITM Vduit Signature Restricted Delivery p Registered Mail Restricted Certified Maila Delivery 9590 9402 6284 0274 0156 94 ❑Certified Mail Restricted Delivery ❑Signature contirmattonTM+ ❑Collect on Delivery ❑Signature Confirmation Article Number(Transfer from service label) ❑Collect on Del Nery Restricted Delivery Restricted Delivery 2. A _ — - ^l-sured Mail J 7020 :2 4 5 0 0000 8 4 6 9, 3 9 3 6 ; sured Mail Restricted Delivery ver$500 PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Refurn'Receij�t I , • • DELIVERY COMPLETE SECTION I ■ Complete Items 1,2,and 3. A Signa�tulre E3/ Agent ■ Print your name and address on the reverse X 1,9- ZC.I s ❑Addressee so that we can return the card to you. i ■ Attach this card to the back of the mailplece, B. Received by(Printed Name) C.Date of Delivery S or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes 4 If YES,enter delivery address below: ❑No I, Jacqueline Stevens and the Stevens J 2012 Fam Trust r) 118 Hampton Rd Garden City,NY 11530 ` I3. Service Type P Priority Mail Express® III Ililll IIII III I II 111III I II IIIIII IIII II I II Ill ❑Adult Signature Restricted Delivery ❑ReIs e edMail Restricted IrCertified Mail9 Delivery 9590 9402 6284 0274 0156 70 ❑Certified Man Restricted Delivery ❑signature confirmation?m ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service labe0 _ ❑Collect on Delivery Re stricted Delivery Restricted Delivery —"iisured Mail ?020 2450 :0000 8 4 6 9 .3943 psured Mail Restricted Delivery aver$500) v Return PS Form 3811,July 2020 PSN 7539-02-000-9053 Domestic Receipt i 4iase,'fhom tijV, o,P k e � P.kG�' - t cf4 ;mdo a , � � No SQA �Zuzk of TI ceFe , 7rwrnm Y�o , Pa�e-#e �( 4 , .. 6 8 *� " I Y�vac)►u( p e4 - `-as buy s d a.ddcft ay, fo s . Pool huA[ lve a.c k p oo/ sL 6,e q a vkt /ts buy 144 dam- c� fi ��• 3 kx 11( �Rcc a go-- 66 6 khtr // cSc.2 aro- 7 51,2021 will sec a-8©- iV m ` ' peals) y CHECK BOXES t" ( )Tape this form 1 � o a � ( ) Pull ZBA copy o 0 Q, CL � ( ) Check file boxes •" N ( ) Assign next nur c "'• outside of file fi ( ) Date stamp ent m 0) � o -4 W y � N 0 C CD -U CO � file number '. =CD � o M. > cn CO ( ) Hole punch ent -a w rn �' w —� 3 � � o N o (before sendin@ o d , z o ( ) Create new ind ° a o ( ) Print contact in Cw w o o- 5 ( ) Prepare transrr o o ( ) Send original ai j to Town Clerk ( ) Note inside file o and tape to ins 3 ' ( ) Copy County Ti 0 i neighbors and ( ) Make 7 copies ( ) Do mailing label w CO No �Dr BOARD MEMBERS ��fF SyO Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �Q Town Annex/First Floor, Robert Lehnert,Jr. O! 54375 Main Road(at Youngs Avenue) Nicholas Planamento ycou►u��,� Southold,NY 11971 http://southoldtowmy.gov p' CEIV ZONING BOARD OF APPEALS oe; -�o�, 10; $S AM TOWN OF SOUTHOLD N O V 2 6 2019 Tel.(631)765.1809•Fax(631)765.9064 FINDINGS, DELIBERATIONS AND DETERMINAT ® h®Id TOwn Clerk MEETING OF NOVEMBER 21,2019 ZBA FILE: #7339 NAME OF APPLICANT: Thomas Geise and Paulette Garafalo PROPERTY LOCATION: 2195 Nassau Point Road,Cutchogue,NY 11935 CTM# 1000-104-13-4 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 July 22,2019 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated November 4, 2019. 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 LWRP review. PROPERTY FACTS/DESCRIPTION: The parcel is a non-conforming 36,474 square foot water front parcel located in an R-40 Zoning District. The parcel has 100.02 feet of bulkhead frontage along Hog Neck Bay to the east, 99.54 feet along Nassau Point Road to the west, 371.09 feet on the north side and 361.77 feet on the south side. The parcel is improved with a two-story frame house, pool, accessory garage, and two decks. All is shown on a survey prepared by John T.Metzger,LLS, last revised January 18,2019. BASIS OF APPLICATION: Request for Variance from Chapter XXIII, Sections 280-124; and the Building Inspector's June 20, 2019, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1) Iess than the code required side yard setback of 15 feet; located at 2195 Nassau Point Road(Adj to Hog Neck Bay)Cutchogue,NY SCTM# 1000-104-13-4. RELIEF REQUESTED: The applicant requests a variance to expand the existing kitchen and replace an existing deck with a raised patio that will result in maintaining a pre-existing non-conforming minimum side yard setback of 8.2 feet where code requires a minimum side yard setback of 15 feet. r' Page 2,November 21,2019 #7339,Geise-Garafalo SCTM No, 1000-104-13-4 ADDITIONAL INFORMATION: The parcel has the benefit of ZBA variance no. 6879 dated October 1, 2015, granting relief for a pool setback 36 feet from the bulkhead and 13 feet from the side yard property line, a deck with a side yard setback of 8.2 feet,and a combined side yard setback of 31.4 feet. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 7,2019 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 5267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of single-family waterfront homes. The applicant proposes to, replace an existing deck with a raised patio with the same non-conforming setback. This will not change the character of the neighborhood. The kitchen expansion is modest and is setback further than the relief which is being requested. 2. Town Law, ,,267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance, The existing deck has a non-conforming setback that was legalized by the benefit of variance relief. Any demolition and replacement of the deck in the same location will require variance relief, 3. Town Law 5267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 46%relief from the code. However,the proposed raised patio will maintain the'applicant's existing non-conforming side yard setback, 4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 5267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. ` 6. _Town Law 5267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a raised patio and kitchen expansion while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dantes, seconded by Member Planamento, and duly carried,to GRANT the variance as applied for, and shown on the Architectural plans prepared by Mark Schwartz, Architect labeled S-1, A-1 through A-8, dated June 19, 2019 and the survey prepared by John T. Metzger, LLS, last revised January 18,2019. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. t Page 3,November 21,2019 - #7339,Geise-Garafalo SCTM No. 1000-104-13-4 Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are'not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de min imis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson),Dantes,Acampora,Planamento and Lehnert.(5-0) ' � C Leslie Kanes eisman, Chairperson Approved for filing /cif /2019 _ s 1 • C�c�se 177w mm 6dvo;M 0 ( pa,�oleffe 1 o 4 0455 �J",Tav Pf t r�VDund peo( , `I-as but 14.1 deek ac-utf oo h sp oPool s/a 33` ft bU�jI'?-k Pv®0 PA*IW6d JaCak,�, IM 61&e- qa vA,, f-5 P4 SO if �Sem sao-8� /6`' �1� S�am- Wit lr�l�, <<I as a� d lj,P,�- r { BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson ��X Af yQ 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning �Q �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider CQ��(,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RIC IVSD TOWN OF SOUTHOLD 4- }a 2-0 Tel.(631)765-1809•Fax(631)765-9064 OCT 6 2015 Southola w FINDINGS,DELIBERATIONS AND DETERMINATION Clerk MEETING OF OCTOBER 1,2015 ZBA FILE: 6879 NAME OF APPLICANT:Thomas Giese and Paulette Garafalo SCTM#1000-104-13-4 PROPERTY LOCATION: 2195 Nassau Point Road(adj.to Hog Neck Bay),Cutchogue,NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 31,2015 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 August 20, 2015. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. However based on the conditions imposed herein and mitigation measures,the Zoning Board finds the proposed action CONSISTENT. PROPERTY FACTS/DESCRIPTION: Subject Parcel is a non-conforming 37,258 sq. ft. lot located in the R40 zone. Property is improved with a two story frame home with an accessory garage in the front yard area. It has 99.54 feet of frontage on Nassau Point Road, 378.81 feet along the northern property line, 99.99 feet on Hog Neck bay and 369.81 feet along the southern property line as shown on the survey dated May 6, 2015, last revised Sept. 9,2015 prepared by John T. Metzger,LLS. BASIS OF APPLICATION: Request for Variances from Article XXII Section 280-116B,Article III Section 280- 15 and Article XXIII Section 280-124 and the Building Inspector's June 24,2015 amended July 23,2015 Notice of Disapproval based on an application for building permit to construct an accessory in-ground swimming pool and for "as built" deck addition to an existing single family dwelling, at; 1) "as built" deck addition at less than the code required minimum side yard setback of 15 feet, 2) "as built" deck addition at less than the code required minimum total side yard setbacks of 35 feet, 3) "as built" deck addition and proposed accessory in-ground swimming pool at less than the code_required bulkhead setback of 75 feet, 4) proposed accessory in-ground swimming pool located in other than the code required rear yard or front yard for waterfront property. RELIEF REQUESTED: Applicant is requesting relief to construct an accessory in-ground swimming pool located partially in the side yard where code requires a rear yard location or front yard on water front properties and a Page 2 of 3—October 1,20I5 ZBA#6879—Giese/Garafalo SCTM#1000-104-13-4 bulkhead setback of 33 feet where the code requires 75 feet. Additionally, the `as built' deck addition is located at 8.2 feet from the side yard with a total combined side yard of 31.4 feet where the code requires 15 feet minimum and 35 feet total combined side yard, the `as built' deck is Iocated 52 feet from the bulkhead where the code requires 75 feet. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant, on September 18, 2015, submitted a survey showing the proposed pool reduced in size to 16'X32', which increased the side yard setback to 13 feet and increased the bulkhead setback to 36 feet and creating a proposed 5 foot non-turf buffer along the entire length of the bulkhead,thereby bringing the request into more conformity with the code and the LWRP. ADDITIONAL INFORMATION: At the hearing the board reviewed the possibility of placing the pool in the front yard. This of course would still place a portion of the pool in the side yard. Since the existing stone patio would be compromised by this change, the Board felt that reducing the size of the pool to 16 by 32 feet would be a better option. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 3,2015 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 5267-b(3)(b)(1). Grant of the variances as amended for the in-ground swimming pool it will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's agent submitted several variances in the neighborhood similar to this request.The in-ground swimming pool will not be visible from the street and the `as built' deck addition has existed since 1977 with a CO; although it was built larger than permitted during reconstruction. 2. Town Law 4,267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Although the applicant could locate the proposed in- ground swimming pool in a conforming front yard, it would still have to be partially in a non-conforming side yard and it would be out of character with the neighborhood. The `as built' deck provides access to the home and is not visible from the street or the adjoining neighbor. 3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 100% relief from the code for the in-ground swimming pool Iocation and 52% relief for the bulkhead setback. However the relief as amended mitigates the substantiality. The variances for the `as built' deck addition are mathematically substantial, representing 45% for the side yard setback and 31% for the bulkhead setback. However, the as built deck has existed in its current non-conforming location without adverse impact since 1977. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and provide a 5 foot non- turf buffer. 5. Town Law 5267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 5267-b. Grant of the relief as amended for the in-ground swimming pool and grant of the relief as applied for, for the `as built' deck addition, is the minimum action necessary and adequate to enable the applicant page 3 of 3—October 1,2015 ZBA#6879—Giese/Garafalo SCTM#1000-104-13-4 to enjoy the benefit of an in-ground swimming pool and `as built' deck addition 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 Horning, and duly carried,to DENY, the variances as applied for regarding the in-ground swimming pool, and GRANT the variance relief AS AMENDED, GRANT, the variances for the `as built' deck addition as applied for, all as shown on the survey dated May 6, 2015, last revised Sept. 9,2015 prepared by John T.Metzger,LLS,subject to the following conditions; CONDITIONS: 1.The in-ground swimming shall be no larger than 16'X32' with a minimum side yard setback of 13 feet. 2. Applicant shall install and continuously maintain a five (5) foot non-turf buffer along the entire length of the bulkhead. 3. Pool mechanicals shall be placed in a sound deadening enclosure. 4. Drywell for pool de-watering shall be installed. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan andlor survey cited above, such as alterations, extensions, "or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one(1)year terms. Vote of the Board.- Ayes: Members Weisman (Chairperson), Horning, Dantes, Goehringer, Schneider. This Resolution was duly adopted(5-0). Leslie Kanes Weisman,Chairperson Approved for filing f0 /x/2015 J BOARD MEMBERS �Of S®U Southold Town Hall Leslie Kanes Weisman,Chairperson �, �if� 53095 Main Road-P.O.Box 1179 �® !O Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �, a� Town Annex/First Floor, Robert Lelmert,Jr. ® �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU Nr[ Southold,NY 11971 http://southoldtownny.gov RE C' iVJ) ZONING BOARD OF APPEALS & �-Wox S I I�wI TOWN OF SOUTHOLD NOV 2 3 2020 Tel.(631)765-1809-Fax(631)765-9064 C.L. FINDINGS,DELIBERATIONS AND DETERMINATI1�DU$ Old Town Clerk MEETING OF NOVEMBER 19,2020 ZBA FILE: 7434 NAME OF APPLICANT: Jane G.Weiland PROPERTY LOCATION: 6485 Nassau Point Road(Adj.to Little Peconic Bay),Cutchogue,NY SCTM#1000-111-13-11 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 H 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 thru A 14-2 and the Suffolk County Department of Planning issued its reply dated September 18, 2020 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated October 13,2020. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as well as the records available, it is recommended that the proposed action is recommended as CONSISTENT with the LWRP policy standards and therefore is CONSISTENT with the LWRP. The recommendation is based on the following: 1. The proposed additions are located further landward than the existing structure. 2. The proposed additions are not located within the FEMA Flood Zone. 3. The parcel is not located within the CEHA. 4. Mitigative actions to further LWRP polices 4, Sand 6 are proposed. SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT: This application was referred to Suffolk County Soil and Water Conservation District (SCS&WCD) for review and comment and the SCS&WCD issued its reply dated October 22, 2020 indicating an inventory, evaluation and site visit occurred on October 20, 2020. It was observed that the property is well-vegetated in turf grass and other ornamental plantings. No major issues from the stormwater runoff were detected, despite several of the dwelling gutters downspouts being discharged at the surface, in the garden beds. The elevation slope of the property appears to flow from the northeast corner, towards the foot path located adjacently south/southwest to the property. No irrigations heads seem to be present near the bluff and there does not appear to be any significant erosion of the top of the bluff. There is a fence along the shole backend of the property, on the top of the bluff. The top and face of the bluff is well-vegetated in mix of native and invasive grasses, forbs, vines, and shrubs/trees. There does not appear to be any severe signs of bluff erosion,presently. The expansion of the existing single-family dwelling may influence an Page 2,November 19,2020 #7434,Weiland SCTM No. 1000-111-13-11 increased volume of stormwater runoff; therefore,proper procedures are followed to capture this higher volume of water as indicated on page SPI of the Proposed Site Plan. The north-side of the dwelling was measured as 10 feet from the property line but,does not seem to show any existing issues. During construction it is important to follow New York State Standards and Specifications for Erosion and Sediment Control to minimize disturbance to the site and bluff. Avoid putting any irrigation lines or pipes to discharge gray water near/on the top of the bluff. Any intentional discharge of water over the bluff is not recommended and can speed up the erosion process for the bluff. There is a. wooden deck present at the tow of the bluff, in between the two bulkheads,which seems to be in stable condition. There is currently no existing issues in the area of the proposed 6 foot fence. The area is very well vegetated and there seem to be no signs of runoff towards the bluff. PROPERTY FACTS/DESCRIPTION: The subject property is located on a conforming 52,413 square foot parcel (36,702 square foot buildable land) in the Residential R-40 Zoning District. The northerly property line measures 344.00 feet and the easterly property line measures 142.38 feet and is adjacent to Little Peconic Bay,the southerly property line measures 235.30 feet and is adjacent to East Club Drive which is an unimproved Right of Way that provides pedestrian access to Little Peconic Bay by way of a footpath. The westerly property line is 190.33 feet and is adjacent to Nassau Point Road. The property is improved with a one- and one-half story framed residence with a one story one car garage located in the northerly front side yard as shown on the survey map prepared by John T Metzger,LS dated May 1,2020. BASIS OF APPLICATION: Request for Variances from Article IV, Sections 280-18, Article XXU, Section 280- 105A and 280-116A(1): and the Building Inspector's August 10, 2020, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and construct a six (6) feet high fence; at 1) located less the code required minimum side yard setback of 15 feet; 2) located less than the coded required minimum 100 feet from the top of the bluff; 3) fence is more than the code permitted maximum four(4)feet in height when located in the front yard; located at: 6485 Nassau Point Road, (Adj.to Little Peconic Bay) Cutchogue,NY. SCTM#1000-111-13-11. RELIEF REQUESTED: The applicant requests variances to construct additions and alterations to existing single- family dwelling and to construct a six(6)foot high fence in the front yard. The location of the proposed dwelling addition is located at 36 feet from the top of the bluff where the Town Code does not allow improvement to be made at less than 100 feet from the top of the bluff, and the proposed side yard setback is 10.7 feet where the code requires a minimum of 15 feet side yard setback. Lastly, the proposed six feet high fence is not permitted in the front yard,where the code permits front yard fences not to exceed four feet in height. ADDITIONAL INFORMATION: The surrounding shoreline community was developed before the code changes in 2004 which first introduced the 100-foot bluff setback under the Town Wetlands Code (Chapter 275). In 2015 and 2017 the code extended the 100-foot bluff setback set forth in Town Zoning Code(Chapter 280)to bay bluffs; and zoning variances and/or wetland permits were required for nonconforming dwelling reconstruction and/or expansion subsequent to those code changes. The existing dwelling was built in 1957 and located 33 feet from the bluff. A preexisting property located four properties to the north is located approximately 23 feet from the bluff. The applicant's representative submitted several prior ZBA decisions for properties in the area which granted reduced setbacks to the top of the bluff as follows: Appeal No. 6929,May 19,2016,for a deck addition located 20 feet from the bluff;Appeal No. 7003,December 15,2016 dwelling situated 34 feet from the top of the bluff; Prior relief for six feet high fences in the front yard has been granted to property owners as demonstrated in Appeals 42649 and # 7171. The applicant's representative,explained that need for this sort of relief has become more relevant since foot paths and rights of way were created by the founders of Nassau Point for the purpose of improving community access to the Bay.The applicant will install a new Innovative Advanced(UA) Septic System more than 100 feet distance from the bluff and the old system will be removed t , Page 3,November 19,2020 #7434,Weiland SCTM No. 1000-111-13-11 The applicant's representative submitted an amended site plan, last revised October 14, 2020 depicting a minor change to the proposed UA sanitary systems as required by the Suffolk County Department of Health Services. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 5,2020 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(2)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood has granted similar relief to applicants in the past. This waterfront community has gone under a huge transformation with additions and alterations ongoing throughout the neighborhood. The request for additions and alterations to the preexisting one- and one-half story dwelling less than the 100 feet from the crest of the bluff and less than 15 feet from the northerly side lot line is consistent with the relief for other residences in the area that has been previously granted by this Board of Appeals. 2. Town Law V67-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The proposed additions and alterations to the existing dwelling is consistent to the existing non-conforming setbacks. 3. Town Law X267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing a total of 68.3% relief from the code for top of bluff setback and 28.6% for side yard setback. However, the existing setback from the bluff is 36 feet where the code requires 100 feet and the side yard setback requires 15 feet when the existing setback is 9.5. The proposed expansion will remain in line with and not encroach further upon the existing bluff setback and side yard setback. The variance relief for the proposed 6-foot-high fence is substantial representing 100% relief from the code. However, the proposed privacy fence would be constructed along the subject property's functional side property line, which has been designated as a front yard,because it is adjacent to a private Right of Way. This "frontage" is in fact a narrow foot path that is grassy and leads to steps to the beach for homeowners in the neighborhood association. 4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. There should be no adverse impact on the only directly affected property to the north because the dwelling's existing partial upper story is already located 9.5 feet from the northerly lot line, so the northerly limit of the propose dormer addition would be set 1.2 feet farther from the lot line and will not increase the overall height of the dwelling. 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 or the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a additions and alterations and a 6 foot high fence while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Acampora, seconded by Member Weisman (Chairperson),and duly carried,to Page 4,November 19,20201 #7434,Weiland SCTM No. 1000-111-13-11 GRANT the variances as applied for, and shown on the Site Plan(Sheet SP1)prepared by Jeffrey T.Butler,P.E., P.C., last revised October 14, 2020, and Architectural Plans (Exterior EIevations A-401 & A-402) prepared by Nida Chesonis Lee,Architect,dated July 10,2020. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall install an Innovative Advanced OWT Sanitary system as certified by the Suffolk County Dept of Health Services. 2. Prior to receiving a building permit,the owner(s)of the subject property cited herein must sign a, statement acknowledging that he/she/they have read this determination; understand the limits of the variance relief granted herein; and are aware that if a demolition occurs during construction,or any construction undertaken exceeds the scope of the approvals granted herein,the Zoning Board of Appeals retains jurisdiction and has the right,after a public hearing,to modify,suspend or revoke such approvals or any term or condition thereof or to impose thereon one or more new conditions,pursuant to Article XXV, Section 280-141 of the Town Code. 3. This approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met;and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration,grant an extension not to exceed three(3) consecutive one (1)year terms. 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STOspi R ATER LEACHING POOL TYP DTL cwnocscve ° r•wa �,wRnFrxm., ow°' F,., of4 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. �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��iSouthold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 a Fax(631)765-9064 September 25, 2018 Bruce Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton,NY 11932 Re: ZBA Application#7196, Zimmer, 7525 Nassau Point Road, Cutchogue SCTM No. 1000-118-4-3 Dear Mr. Anderson; Transmitted for your records is a copy of the Board's September 20, 2018 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. If you have any questions,please call the office. Sincerely, Kim E. Fuentes Board Assistant Encl. cc: Building Dept. BOARD MEMBERS ` Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF $O(/T�,O 53095 Main Road•P.O.Box 1179 !� Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento Ol,YC00 Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)7654809•Fax (631)765-9064 RECEIVED FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 20,2018 S P 22a L�v� ZBA FILE# 7196 NAME OF APPLICANT: Christian and Carol Zimmer outhold Town Clerk PROPERTY LOCATION: 7525 Nassau Point Road,Adj.to Little Peconic Bay, Cutchogue SCTM# 1000-118-4-3 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 H 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 June 18, 2018 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 August 14, 2018. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: The subject parcel is a non-conforming 38,931 square foot water front parcel located in an R-40 Zoning District. The parcel runs 100.05 feet fronting Little Peconic Bay along the easterly property line, 100.60 feet fronting Nassau Point Road along the westerly property line, 385.50 feet on the North side and 393.22 feet on the South side. The parcel is improved with a one story frame house with an attached garage which is shown on a survey prepared by John Metzger, LLS, dated January 24, 2013, and last revised April 4, 2018. BASIS OF APPLICATION: Request for Variance(s) from Sections 280- 124 and the Building Inspector's April 16, 2018,Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing single family dwelling; at 1) located less than the code required minimum side yard setback of 15 feet, 7525 Nassau Point Road (Adj. to Little Peconic Bay) Cutchogue, SCTM No. 1000-118-4-3. RELIEF REQUESTED: The applicant requests a variance to add an addition to the single family dwelling;which will not-exceed the existing side yard setback of 9.8 feet where the code requires a minimum 15 foot side yard setback. Page 2,September 20,2018 #7196,Zimmer SCTM No. 1000-118-4-3 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 6, 2018 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of single family waterfront properties. The current structure's side yard setback is 9.8 feet from the Northern property line. The proposed addition will not be visible from the street or the adjacent properties due to the existing heavy vegetation. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing structure has a non-conforming side yard setback. Any additions and alteration on this side of the house will require variance relief. 3. Town Law $267-b(3)(b)(3). The variance(s) granted herein is mathematically substantial, representing 34% relief from the code. However, the applicant is maintaining an existing side yard setback and filling in a corner of the home with a small addition for living space. 4. Town Law X267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code for the entire parcel. 5. Town Law X267-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 t 267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a renovated single family 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 Dantes, seconded by Member Planamento, and duly carried,to GRANT the variance as applied for, and shown on the Architectural drawings prepared by Richard Suter, Architect, dated May 4, 2018; and survey prepared by John Metzger, LLS, dated January 24, 2013, and last revised April 4, 2018. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a buildingpermit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. 0 Page 3, September 20,2018 #7196,Zimmer SCTM No. 1000-118-4-3 The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson),Dantes,Acampora,Planamento and Lehnert. This Resolution was duly adopted(5-0). 4r � eshean s Weisman Chairperson Approved for filing T/'�/�018 t AL 6(-- .s- q o z Q d-kq, akk s YP s CA 6 1 APPEALS BOARD MEMBERS SOF Sid(/ - Mailing Address; Ruth D. Oliva,Chairwoman �y> ryp� Southold Town Hall ~ 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer ; Southold,NY 11971-0959 James Dinizio, Jr. Office Location: Michael A. Simon � Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �'�CQU ,� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.nortbfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 ! Au 2 1 2006 FINDINGS, DELIBERATIONS AND DETERMINATION C4244�-7 MEETING OF JUNE 29,2006 Southold Town Clerl ZBA File#5902-ROBERT and JACKIE SULLIVAN Property Location: 2715 Nassau Point Road, Cutchogue CTM 104-13-8 SE RA 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 applicants' 30,824 sq. ft. parcel has 100.44 feet along Nassau Point Road in Cutchogue, and is improved with a two-story frame house, accessory building, shed and swimming pool, as shown on the site plan prepared by Mark K. Schwartz, A.I.A. dated 4/19/2006. BASIS OF APPLICATION: Section 100-242A (referring to ZBA Interpretation No. 5039 dated 1/24/02) and 100-244, based on the Building Inspector's April 24, 2006 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling, which constitutes an increase in the degree of nonconformance when located less than 15 feet from a single side yard and less than 35 feet for both side yards combined. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 22,2006,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: The second-floor roof of the applicants' existing dwelling is proposed to be removed and reconstructed, and the first floor and basement will remain. Also proposed is an extension of the existing one-story porch on the north side of the dwelling with kitchen/breakfast nook proposed at a minimum of 14 feet from the northerly side property line. The total side yards are proposed at 34 feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Placement of the proposed new construction in the front and side yards will Page 2—June 29,2006 ' ZB File No.5902—R.and J.Sullivan ' CTM No. 104-13-8 have no visual impact on adjacent properties and is in keeping with the style and scale of dwellings in the neighborhood. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to Pursue, other than an area variance. The lot is only 100 feet wide and has existing side yard setbacks of 14' and 20' for a total of 34' instead of the code required 35 . 3. The variance granted herein is not substantial. Applicants are requesting a one foot variance for a side yard in order to maintain the existing 14' setback of the as-built heated porch and foundation, which will be enlarged as part of the living room of the house. All other proposed construction (a two story addition in the front yard, and a second floor renovation with new roof pitch to obtain code complaint ceiling heights) are conforming. 4. The alleged difficulty has not been sell-created. The house was built prior to the code requirements for a 35 ft.total side yard, 15 ft.minimum and 20 ft.remaining side yard. 5. No evidence has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood. All proposed construction is within existing setbacks to bulkhead and do not require variances. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an enlarged 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 Chairwoman Oliva, seconded by Member Goehringer, and duly carried,to GRANT the variance as applied for, subject to the following condition: That there shall be an open, unobstructed clearance along the existing southerly side yard of the house for a width of 20 feet. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps,are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer, Dinizio, Simon, and Weisman. Chairwoman OIiva was absent.) This Resolution was duly adopt -0). a Ruth D. Oliva 8/t4, /06 Approved for Filing APPEALS BOARD MEMBERS o p OG S uthold Town Hall Gerard P. Goehringer, Chairman �� y� 53095 Main Road ; Lydia A.Tortora y = P.O.Box 1179 George Horning • Southold,New York 11971-0959 Ruth D. Oliva %l, app ZBA Fax(631)765-9064 Vincent Orlando Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 3, 2002 Appl, No. 5171 -Stephen N. Sachman and Alexia Quadrani Property Location: 4705 Nassau Point Road, Cutchogue; Parcel 111,-9-9, 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: Applicants' property is 435,043 sq. ft. parcel with frohtage along two streets: 101.02 feet along the east side of Nassau Point Road and 360.32 feet along the south side of Carpenter Road. The property is improved with a single-family dwelling and accessory one-story garage as shown on the July 13, 1998 survey prepared by Joseph A. Ingegno, L.S. and updated December 28, 1998. BASIS OF APPLICATION: Building Department's May 8, 2002 Notice of Disapproval denying a permit application dated May 7, 2002, for a proposed second-story addition to their existing dwelling (presently nonconforming at the only side yard at 14.2 feet). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 19. 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of,the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant, AREA VARIANCE RELIEF REQUESTED: Applicants request a setback variance for a proposed second-story addition to the existing dwelling within the 15 ft. nonconforming side yard. Sections 100-242A and 100-2448 of the Zoning Code require a 15 ft. minimum side yard. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board made the following findings: 1. Grant of an area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property has an existing non- conforming side yard setback of 14 feet 2 inches, The ,proposed new addition will maintain this set back. The proposed addition is a mirror of'the other side-of the house; this will give the house symmetry. t Page 2—October 3,2002 Appl.No. 5171--S. Sachman and A. Quadrani r°�el� 11.1-9-9 at Cutchogue 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 applicant wishes to expand do to a growing family need and this is the logical move since there will be no clearing of trees or excavation of soil. 3. The variance granted herein is not substantial; the reduction of the side yard setback on the second story is only'10 inches. 4. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to this board to suggest that this minor variance will have any adverse impact. The proposed addition will not increase the original footprint or increase the density of pollution to the neighborhood. All the down spouts will drain into drywells not to cause a drainage problem and the natural screening on the south side of the property line to be consistently maintained. 5. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a second-story addition,while preserving and protecting the character of the neighborhood, and the health, safety, and welfare of'the community. BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Chairman,Goehringer, it was RESOLVED, to GRANT the variance as applied for, and shown on the survey prepared by Joseph A. Ingegno dated December 28, 1998, and shown on the copies of front elevation, rear elevation, and floor layout sketches received 6/7/02 in behalf of the applicants. 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 Goehrin irman), Tortora, and Oliva. This Resolution was duly adopted (3- s Horn' g and o wer RECEIVED AND FILE I OW1 (Jt� -}�, G card P. Goehringer—Approv d for Filing f_ a TOWN OF SOUTHOLD, NEW YORE: ACTION OF THE ZONING BOARD OF APPEALS DATE NOvembex 17,1966 Appeal No. 9$$ Dated November 1, 1966 ACTION OF THE ZONING BOARD OF APPEAIZ OF THE TOWN OF SOUTHOLD To Ann G. Carl Appellant Mallard Drive Lloyd Neck, New York at a meeting of the Zoning Board of Appeals on Thursday, November 17, 1966 the appeal was considered and the action indicated below was taken on your t ) Request for variance due to lack of access to property ( ) Request for a special exceptlon under the Zoning Ordinance (X) Request for a variance to the zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a 6peclal exception ( ) be granted ( ) be denied pursuant to Article section ...... ... ..... Subsection ..............,, ,paragraph ., ....,., of the "Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7:40, Upon application of Ana G. Carl, executrix'of the will of Margaret L.' Baumgartner, Mallard Drive,Lloyd Neck, New York, for a variance in accordance with the Zonin' ordinance, Article III, Section 307, for permission to reduce side yard area. Location of property: north west corner 'of Little Peconic Bay Road and Nassau Point Road, lot number 144 in Nassau Point Club Properties, Inc., Cutchogue, New York 2, VARIANCE. By resolution of the Board it was-determined that (a) Strict application of'trie -Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the Immediate vicinity of this property and in the same use district because SEE REVERSE i (c) The variance (does) (does not) observe the spirit of the Ordinance and(would) (would not) change the character of the district because I SEE REVERSE I and therefore, it was further determined that the requested variance ( J be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. APPROVED ZONING, BOARD OFA APPEALS FORM N"iiiu Barbara C. Dittmann, Secretary After investigation and inspection the Board finds that the appellant regdesis permission to set off a piece of property. There is an existing dwelling on the lot in question. Said dwelling is erected only eight feet from theproperty line. The applicant requires a reduction in the side yard requirement. The Board finds that this is a topographical error and has happened before in the Nassau Point area which is a filed map area. The Board further finds that many of the lot lines are not at right angle to $be Road line. The Board points out that this variance restores I the lot lines as they were on the original -survey map that was adopted by the Town Board when the Zoning Ordinance was pass&d. i The Board finds that strict appl}}'cation,of the Ordinance would' produce practical difficultie's 'of dniieftdary hirdship; the hardship created is'unique and would'not be-sha�ed ty all properties alike in the immediate' •vicinit of this`propexty and 'ih,the`-same use district; 'and'trie variance 'does,obsetVe the'-spirit' of 't'he Ordindw a and will 'not"chafige the character of the district. ' THEREFORE, IT WAS RESOLVED,.,that Ann G. Carl, 'Executr;x of the will of Margaret L. Baumgartner, Mallar Drive, Lloyd Neck, New York, be grantedpermission to reduce side yard area require- ment on property located on the north west corner of Little Peconic Bay Road and Nassau Point Road, lot number 144 in Nassau Point Club Properties, Inc., Cutchogue, New York, as applied for on the application to the Board of Appeals, application dated November 1, 1966; and as shown on the survey by Otto Van Tuyl and Son, map dated October 17, 1966. I I I l , SULLIVAN PAPAIN BLOCK RECEIVED MCGRATH COFFINAS &CAN'NAVO P.C. p 1140 FRANKLIN AVENUE•SUITE 200•GARDEN CITY•NEW YORK 11530 HUG ® �+p TELEPHONE (516)742-0707 FACSIMILE (516)742-7350 SPBMC-LI( ,TrialLawl corn ZONING BOARD OF APPEALS TrlalLawl.com Author's E-Mail Address RSullivan@TnalLawl corn Direct Telephone Line. Private Fax Line: (212)266-4211 July 21, 2021 Suffolk Environmental Consulting, Inc. Newman Village- Suite E 2310 Main Street P.O. Box 2003 Bridgehampton,NY 11932 Re: Monaghan Property-Application for Variance Situate: 2750 Nassau Point Road-Cutchogue SCTM No: 1000-104-12-16 Dear sirs: I reside across the street at 2715 Nassau Point Road and consent to this application. Very truly yours, SULLIVAN PAPAIN BLOCK McGRATH COFFENAS,&CAIti1TNAVO P.C. s By: RGS:ap Robert G. Sullivan (046388) SUFFOLK OFFICE 'NEW YORK CITY OFFICE 'NEW JERSEY OFFICE 33105 Main Road,Cutchogue,New York 11935 120 Broadway,New York,New York 10271 25 Main Street,Suite 602,Hackensack,New Jersey 07601 TELEPHONE(631)734-2500•FACSIMILE(631)734-2502 TELEPHONE(212)732-9000•FACSRvIB.E.(212)266-4141 TELEPHONE (201)342-0037•FACSIMILE(201)342-6461 SPBMC-LICa1TnalLawl,cwm SPBMC_hD:@TnalLaw1,rom SPBMCSPBMC-NJ�TnalLawl�m klrlat���Suffolk� nmental Consulting, enc®U'V ewman Village ® Suite E ® 2310 Main Street a PO Box 2003 ® Bridgehampton NY 11932-2003 t 631.537.5160 o f 631.537.5291 RECEIVED Bruce Anderson,M.S.,President AUG 0 2 7029 Via Certified Mail ZONING BOARD OF APPEALS July 9, 2021 Jacqueline Stevens and the Stevens J 2012 Fam Trust 118 Hampton Rd Garden City, NY 11530 RE: MONAGHAN Property—Application for Variance Situate: 2750 Nassau Point Road • Cutchogue SCTM#: 1000—104—12—16 To whom it may concern, This Firm represents the owners of the property,who are seeking relief from the Southold Town Zoning Board of Appeals for a house addition. The Town's Zoning Board of Appeals will hold a public hearing on Thursday,August 5, 2021 at Southold Town Hall,53095 Main Rd.,Southold, NY 11971 on Thursday, August 5, 2021 at 10:10 AM.The public may attend the hearing or view and/or participate in the hearing via zoom webinar. Enclosed herewith please find the following: 1. Legal Notice dated July 15, 2021, prepared by the Town. 2. Instructions for Laserfische/Weblink to view all pending applications. 3. Survey of the property prepared by Twin Forks Land Surveying last dated March 2, 2021. Please feel free to contact this office or the offices of the Zoning Board of Appeals should you have any questions regarding this application. Sincerely, Bruce A.Anderson l -� (enc.) f m® a-44 a,,. 4 BOARD MEMBERS -'Southold Town Hall Leslie Kanes Weisman,Chairperson ®`�®f ®�r�®� 53095 Main Road• P.O. Box 1179 ® Southold,NY 11971-0959 Patricia Acampora � � Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. O �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��r�,®�NV � 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, AUGUST 5, 2021 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following "IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, AUGUST 5, 2021: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownnv.qov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownnv.qov/calendar.aspx. 10:10 A.M. - KENNETH MONAGHAN #7517 - Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's March 24, 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 than the code minimum required side yard setback of 15 feet; located at: 2750 Nassau Point Road, Cutchogue, NY. SCTM No. 1000- 104-12-16. - The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631) 765-1809, or by email: kimf@southoldtownny.gov. Dated: JULY 15, 2021 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 r�l Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 Z:t 1 o- Southold, New York 11971-0959 Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: June 30, 2021 RE: INSTRUCTIONS FOR PUBLIC HEARING Dear Applicant; Pursuant to the New York State Governor's announcement lifting many COVID-19 restrictions, the Town will now resume IN-PERSON meetings that are open to the public. For those who wish to attend the meeting virtually,for health and safety reasons, we will continue via Zoom Webinar, as well. Therefore,the August 5, 2021 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. � f 'fr•^.. ,,: • moi � "�a, �A' e'.1^P.y. %x;4:.r5>:.. �, .,.$. �S�elow �lease„se� nstrue,#�tQn� 'e'=tzt�e�toP--fie .are'Kf�br�t(L_]e�>�BA' �zbli�tth�ai�nQ=�wlu��h;$incl`udes:5 ��z _ _�erv^:;�}";•.wr .,%, ;�Y -4'}% ,�;b ,v°:�y'uu'.4 }” "`.<.'�s5'-'Y?: ;`"�-i F'(",k :'';�'ti'6 s ='�4r r 4;•,,=•,';Y��.x F�`EASEw ��D��� 7��1;�[ LIx,�-�- �• �. �.; ;a;;�.�- ��:�,.,,,� .. ����,�:�, �_- �,�_� ::�:x::�`tt��'.mt��'-hxr•r�:�: •_�c' :n�*.. �..�,.,RsE., ?an.�a. :; �d'si,t;,�r' ;tet aAra err- .��'ur Y{, a. -,�+�, _,,,,,.,<, aua a 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing,to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than July 28, 2021. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law, your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. 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 July 28, 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 Public Hearing Page 2 MAILING INSTRUCTIONS: Please send by USP-S."Certified=Mail;='-Returd',Receipt the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by July 19, 2021. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and 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@southoldtownnygov or elizabeth.sakarellosgtown.southold.n�us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls>2010-2019 >2019 http://24.38.28.228:2040/weblink/O/doe/1022250/Pa eg l.aspx. `. :Z;�. as .gin._ , ., ,;_�,.�....;✓, >'=�.p 4.w' - €�'''s`s�»'=� {w .� }", .s�,15„;G.,",,Frt-�i4 G.2.Y_ N.,w,,,. ",+K.i B .;"<,.�. �'^n ,�,�es�sv '•»-.-„�„ ` .'.; ,a .$ ro496'. ,.-,.;w 4t k.��. G�=�'.'�+nk:"; :"..�.�.a, �" - rra<z�_•�,_w..,:�x'�^"-'�` =4.t.,,z'y.,s�-x ;x"�s.�v:a n� 5��,•-:t S -.•i.3:.:>�- c�. .,.�, u. "'°�.c, mr3'T t> � =. ..,€�u � �». �•�` c a���-;��..�..,,-3.., v�s,=�„�- w,�S'�P`��:s,,,.:.�3,,re'" � i:'x,A?,�x;,';�.:.. sz,�x,•.-� ,�..'�o-", '--�-y�+`�k��: �1^� � �' `aa�^��F�t�"� ^�`v "*,. z`['�: k,�o-"�.. <„wka=; >,�.<<...,, *"-�h`�z°w;s''""s.s$,_..k»� r2�.�'`-`,,.tom` ^ei'-�': _.��. ,�•,-k,FS '����.�-" ^.>-y��n;:.'� _ u,r�na�� Y., >�.>�5�.,�,>,�-is„r_-_;•:.�.,�;L��;;�€;��;�ix.��* �'-�.�`h- ,.. � z�tn;-�h'�.h':r�,�1^'^-kv�w,-�";• " ,� gutsy^. �.�,x•-�'.. �<-�`.e,r�..,�h.�.�>„�,f�* ,> Cyt,, t ;v,..^-`M>$5-'<v. �c�a�%�Yn` �em��lr��tl�'e�S` S��mtat nQ��e ei t���; �re�en��r +atti��;'a >�ai�ds��;ai�d�affidav�ts��toi 4,' _,g F'A'Y-� ?�-t„ a' �.r�`�v h.`, n{��us�v�i4�:�+«�,_:t� ,��.-�.� t',�.a _ .> ,.mss;.���'. W.«T�«. x.�.�,•-` �, �t_ .>�-#:'��.�,,�,.'�"",.. .Fzwa ��;,.<-':'ds-^xx�;,+, �P 'Saa-w`.Y�z,.""r.,_�,�;?'� ��.w>3:r, a`.'1»;�L�`<; '=�� ,-�. .�±;�<:+,<.an;y+e,�..>t ��za,=:,=2:,i�`�s;>".t.`a3�?.- •:'.Y+�:a,. ti� �+ % ��` ,e„ �•� ,rte ;� _� "s- _#�" ?. �,°__>' -,an-�;�'=:''3�":�`w<>,Y�>. �t",ass Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. 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 • • F� t� Sti '•� ^F Wei"°� Y ?y- N� k Y } j A '4su;^�: c�t„���.`�� s t �' "' ,` ``-'�`�..��.�„: ��u,�t��..,•w fir'Et_, y''a' SSC;k OUT + y.�+ `,, .' ,+, :k sfiY sh4 a • N E 4V 'Y'O R h a� ,� A4[)4t. a K ✓d .z- !7k..,y„�''� .,+fe- 7 -V} i r?�' S- '..w wx d .: -. ..s.: d � r f rp CQ�'S'ACF yt ., z Vr s F z n 'cr�rtt+ xP . 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Norperadsta assigned .''_,"'3_EKcepWsL]st Code 26G.10CC31 uswg 1 iAA Book of Mapped 1977 EtStIng LOU I89 =—d NW, Bulk Schdde, 5 Agreements.COffl.=&Leases Pagel of 1 14 Entrieg Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions, Click on "Board Actions"folder to open. M w -M Z; 0 IWO Sm 2, 7 7 x it A Creadbin date Lad modified 0 15 %P14 _iMfi 866 HaYvIeW b,"C 100037.-5-10,1-' No metaclaw assigned *73137 HSW Colnlw 1000=51-4-1 #7 W1Ijand Corner-SITE PLAN-Arch Pians 1000- 1-4-1 Anisod *73664.anum irrew -,i2a.-2-2o- #73159 8enic 1000-71-1-4 i I 47406-MaPP3 1,000-a8-1-1,5 Page 1'Of i Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0 Laserfiche Instructions ZBA Files Page 3 Laserfkhe W0L`ink '}`—— a eiyv�Bbrn�r Heip t.AboX I 5196 t' Yiome Biows--search •'TownOf5outhold�ZorArig Boafdo[AppeolsfZBA)�Board.Ack(ns Name '_•- _....—_'___ Pa count _ ' Board Actions � I ge p f9 1957.1979 &D 1980-1999 �• Path ! EB 2000 TVATIO15o01t Cl ZOHng Board -- " 0fApp-ls fZRAMcard Actlons 2001 ^ '' Q! Creation date ' On 2002 _ 7/t012001 122155 PM _{' 2003 9 Last modified ` `-----._ '---- ---'----------- — --._ j is 2004 ._ 3f1B201711.36-07AM 93 2005 _— Nometadataa551gnM1 ! fm 2007 77 '1 M zoos — '------'--- ! 23 2009 j A t a i — fhi�%. 2011 I ft@ 2012 ©2013 Q 2014 .i ' 2015 }� 2016 1 .7r 2017 "".•:.i�.L;^�.aR`�,� "�[t't�t!--.�"��,I—oe..a)..f) � � - _ � -..-W..E� Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis'are stored-in "Pending". iPme-elewse..c seart7l _.s_,,i'.Taw'lQfsdumdd>2nmrg ed itoeAPDstisri,>:aoabutlont_�)91i'=-_ - -- - _ __ _ ; 2017 Pm wwt - O MWEAMM T;'---: _i_u 4688_ ._3e) BwardMWn Ron�- .ro �116xdMlms PaM ( 699) 98 Bwre MbnS AM-12017 urA— l) �m09 64 BoaN J�oiu .carbo axe LMtm N*d �,)eV 7S Bwrdlkbpv W 2017 MSI AL { mt. 116 BwrdMlm,S - Non,dv1>tamWiwf ; 4 roll ro - Bw7dMlae _ � (g Tote w Bo,7a.mwa R.9 se Kava Mam 1�m>o so BwraMwn jg m71 s9 o997e Mwes _---- '_- Ig mn s Bwrd Mwe � �g mzB m B9aNANom t g m)6 as 96a,eMw•�e IF�;4zs as eo,�;ernas ro)e 73 Bw7e Mum m?8 6l Bwr67sam t,#ro19 3 8w•afNan Above: See listed File Numbers. Click on file you are searching. Laserfiche Instructions ZBA Files Page 4 _ _ Above: In addition searching by file no.You can also use the above search tool by typing the name or title of the applicant. 'Las8i8che Webl-ink Yljome, 'Browse Search ae¢o=lze search -^r-1. ^'Sort results by. Relevance;o Records Mana9ernent Search_ 7016 Filld nam= Board Actions-83 pages) i — -- - E chaox field � � Page wont•83 Template name:Board Actions Page 3 ,Cohn and Kristen Cashel PROPERTY LOCATION:162 Lower Shingle Hill,Fisher- Page 4 isher_Page4 19.201707016.Cashel SCTM No 1000.9-1-26 mWmus approval to remo_. Page 5_y 19.201707016.Cashel SCrM No 1000-9-1-26 GRANT,the variances as Scerd,aema I Page 9..CONN 8 KRISTEN CASHELSECTION 009 BLOC- .� Page 20..Thomas Ahlgren(Cashely PO Boz 342 Asters lsl nd.NY . -----_"---"--------- I Show more Information.. i ®7018 Board Actions-56 page(s) Page count:56 Template name:Board Actions Page 48...9:30 A.M:COLIN CASHEL AND Varlances under Article Id.Sedhin ANN_ f _ Page 48—ance(s)KRISTEN CASHEL07016-Request proposed trellis located In other tha. 1 _ t; SNOW more Information— Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.-1-1. 't Laserliche Webl-irik — — __ -'. _ 'ryVPibttn&I Heli I.A",)Sit Home Browse. Sea/ch V �TmvncitSouthold,Zolting BoaedofAppeals(ZBA)>Mmtdes/ggehdasRegaiNoig:-8Mearin&s_s- - - - - - -- Minutes/Agendas/Legal' , Name _�- _rPagecount -_ aid" " + 'iyFr' -'tL �� -i'.. 1Me Notices/Hearings 'L3 1957.1979 s 2 EntryPropeiilIs - i 6'i ,. 98 10-1999 -C3 2000-2009 Path TownOtSounxlldlZoning Doant i 2010 _ of Appeals 2011 I QBA)w8nuzes.+Agerldasnegac - - - NoticesAiewings 2012 creation date i-2013 ' 7/1012001 ZT140 PM i n 2014 _ - - ' Last modified ED 2015 12/1(.'2016 2.751.1 PM _ z 2016 i2 Metadata (a3'2017 .—------._t._--_..__.__...._ No metadata ass�gnea Page 1 of 1 11 Enti ..___ __ _________.__.__ �-K^uyd�N-����aft�•�4W.Mnt9Lf!ga.]Gl�l_aynl�n,/Lry-M rcttmu , Above:Also, Minutes,Agendas, and Hearing Transcripts can be viewed. -_`\ /• lit F 1 Laserfiche Instructions ZBA Files Page 5 Laserflche'WebUnk. 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Zit+,-03202/2017 - E,ZBA-03/02/2017Agenda 4 , 't ,I uEj Z9A-03/022017 Hearing '.65 ZBA-03102=17 LN 3 ZBA-0321612017Agenda 3 -+) ';( ZBA-031 3 ,1111 U ZeA 042062017 Agenda. 4 ZBA-04/062017 Hearing 45 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 i4CoTli, E F HEARI4i� The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road , Southold: "he application will also be available VIA ZOOM WEBINAR= Follow linkmhttp://southoldtownny.gov/calendar NAME : MONAGHAN , KENNETH #7517 SCTM # 0. 1 000- 1 04- 1 2- 1 6 '1ARIANCE : YARD SETBACK REQUEST : CONSTRUCT ADDITIONS AND ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING DATE : THURS. , AUG . 512021 10 :70 AM You may review the file(s) on the town 's website under Town Records/Weblink: ZBAIBoard Actions/Pending. ZBA Office Telephone (631 ) 765-1809 r BOARD MEMBERS so y®l Southold Town Hall Leslie Kanes Weisman,Chairperson '` ® 53095 Main Road•P.O.Box 1179 is Southold,NY 11971-0959 Patricia Acampora• v, 4W Office Location: Eric Dantes • �� Town Annex/First Floor, Robert Lehnert,Jr. ®l�' 54375 Main Road(at Youngs Avenue) Nicholas Planamento c®U '� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS ���`� April 26, 2021 TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 q a Ms. Sarah Lansdale, Director -�--1 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 #: 7517 Owner/Applicant: Monaghan, Kenneth Action Requested: construct additions and alterations to an existing single family dwelling Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA C irp son By: Encls. Survey/Site Plan: Twin Forks Land Surveying, dated March 2, 2021 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��0� S�Ury0 53095 Main Road•P.O. Box 1179 !O Southold,NY 11971-0959 Patricia DantesAcampra Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento OI,YC�� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 August 23, 2021 Bruce Anderson Suffolk Environmental Consulting P.O. Box 2003 Bridgehampton,NY 11932 Re: ZBA Application#7517 Monaghan, 2750 Nassau Point Road, Cutchogue SCTM No. 1000-104-12-16 Dear Mr. Anderson; Transmitted for,your'records is a copy of the Board's August 19, 2021 Findings, Deliberations and Determination, the original of which was filed with the Town.Clerk regarding the above variance application. Please be sure to complete and sign the enclosed two Property Owner's Statement and return both copies to our office. Before commencing any construction activities, a building permit is necessary. Be sure to submit an application along with a copy of the attached determination to the Building Department. If you have any questions,please don't hesitate to contact our office. Sincerely Kim E. Fuentes Board Assistant Encl. cc:'Building Department SEE SEC.NO ON MATCH LINE N 314.282 1 is LITTLE CREEK I=&14 F.EP.28 Lo.44 12.11A(c) Aa A 4 SOU to AA ITT AD AJ ,01 0 "I 6.1 \-,% G) 014 YP w• 5.9A(c).A 4 v wv 25 1 co4 NEW 3A I C PARK pIgiWOr CU`TCHOGUE w NEWSUI PARK DIS;F?1C,[ �1onc�5h� � K-e1nn Z BROADWATERS COVE m IDOO TOWN OF SOUTHOLD Mai 12 u 31.3A(c) alf- 8.1 IAA(C) ........... -D4 13 - 16 OPT AA(C) 23 eo. 2 3 3 4 AMC 0, 1Dq 4 a �2 J-81 7 -'Z0kP 6.3 (P 15 i f , 70 i 3 NEI 19 — Q�, a ", 0 2 9 9-f=!� i 13 4 00 a 10.4 S.S- No 3 ri 13 N. 10.3 0 4 'N U-10.2 1.8 00 N 310,482 0111 NOTICE COUNTY OF SUFFOLK @ K133 TCI OF SOUTHOLD SECTION NO MANTEIMOGE ALTERATION SALE OR -�t Real Property Tax Service Agency y VILLAGE OF DISTRIBUTION OF ANY PORTION OF THE C-1,..I.,Riverhmd,N Y 11901 104 SUFFOLK COUNTY TM MAP IS PRONISITE. 104 SCALE IN FEET. WT.WT MITTEN PERMISSION OF THE m A REAL PROPERTY TAX SERVICE AGENCY P 134 DISTRICT NO 1000 PROPERTY MAP -1-OATS len b.2019