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7586
Y® ly dMeffinq 46 )(Xll See t�Ac� - i trt''64 3-Or PIPY - � •�S _� 94 qy/ibs (g(.),k:)� 77 )Wt 6,31� . fe, Owner: Stern AF 1997 Trt File M 7586 Address: 63165 CR 48 �. P Code: 17PA 6 Agent Info Rob Herrmann/En-Consultants ' 1319 North Sea Rd. Southampton , NY 11968 Phone: 40 Fax: 631-283-6136 Email: rherrmann@enconsultants.com 3 P eaoyLs �_ A&rz BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®� ®�j� 53095 Main Road• P.O.Box 1179 Dantes Southold,NY 11971-0959 Patricia ra Office Location: Eric antes Town Annex/First Floor, Robert Lehnert,Jr. i5ih54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��C®U Southold,NY 11971 9 hftp://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS d' C9 r U mvl TOWN OF SOUTHOLD ,JA 7 2022 Tel.(631) 765-1809•Fax (631)765-9064 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 20,2022 ZBA FILE#7586 NAME OF APPLICANT: The Alexander Fox Stern 1997 Trust PROPERTY LOCATION: 63165 County Road 48, Greenport,NY SCTM#1000-40-1-14 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 October 4, 2021 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated November 13, 2021. Based upon the information provided on the LYM Consistency Assessment Form submitted to this department, as well as the records available, it is recommended that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT: On October 27,2021 a letter to the Zoning Board of Appeals was received from the Suffolk County Soil and Water Conservation District. Evaluation of the property with regard to this application was conducted. All proposed construction on the property will occur within the already existing foundation of the house that is currently present. It is important to note that the top of the bluff face slopes landward away from the bluff,decreasing the chance of runoff from the property to the bluff, in turn decreasing the chance of erosion events. There is concern that no since no bulkhead exists at the toe of the bluff it could put the bluff at risk of being undermined. During and after construction, it is important to follow practices that maintain bluff stability which include the following; closely monitor irrigation on the property, vegetate bare soil with native species to mitigate the effects of runoff, and equipment should not be stored near critical areas of bluffs or near any unstable soils. Page 2, January 20, 2022 #7586,Fox Stern SCTM No. 1000-40-1-14 PROPERTY FACTSMESCRIPTION: The subject property is a conforming 115,389 sq. ft. parcel located in the Residential R-80 Zoning District. The northerly property lines measure 112.69 feet and is adjacent to the Long Island Sound, the easterly property line measures 727.51 feet and the southerly property line measures 167,13 feet and is adjacent to County Route 48 and the westerly property line measures 680.71 feet. The property is currently improved with a two-story frame dwelling with attached garage. Wooden deck to the seaward side and a wooden deck with an in-ground swimming pool on the westerly side of the property as shown on the survey map prepared by Nathan Taft Corwin III and dated recently to include the pool on October 20, 2016. BASIS OF APPLICATION: Request for Variance from Article XXIII, Section 280 -116A(1) and the Building Inspector's August 16, 2021 Notice of Disapproval based on an application for a permit to demolish an existing single-family dwelling and construct a new single family dwelling on the existing foundation; at 1) dwelling is located less than the code required 100 feet from the top of the bluff; located at: 63165 County Road 48,Greenport,NY. SCTM#1000-40-1-14. RELIEF REQUESTED: The applicant requests a variance to demolish an existing single-family dwelling (first and second floors) and to construct a new single-family dwelling on the existing foundation. The proposed construction, on this conforming 115,389 square foot parcel in the Residential R-80 District, is not permitted pursuant to article XXII Section 280-116A(1). Which states: "All buildings or structures located on lots upon which there exists a bluff landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff." The site plan last revied August 4, 2021 shows the construction setback to be 71.5 feet from the top of the bluff. ADDITIONAL INFORMATION: Variance relief was granted on this property in 2005 (Case#5644)and 2015 (Case#6833) for the existing deck and swimming pool with setback relief of 65.5 feet from the top of the bluff. In 2018 Case#7151 variance relief was granted for the previous owner(Quinn) for additions and alterations which were never constructed. A Site Plan drawing by Jeffrey T.Butler,PE and last revised August 4, 2021 for the proposed new sanitary system has been submitted showing a new Innovative Advanced (UA) wastewater system to be installed as well as depicting proposed additions to the single- family dwelling. . Because of the proximity to the Coastal Erosion Hazard Area and the Long Island Sound, a Wetland Permit will be required from Southold Town Board of Trustees. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 6, 2022 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. _Town Law §267-b( )MM. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed dwelling reconstruction will be within the existing footprint and on the existing foundation. The proposed renovation will not have an undesirable impact to neighbors as it will not change the position of the existing development relative to the bluff or side lot lines. Previously this Board did approve Case#7151 for the previous owner(Quinn) granting top of bluff setback relief of 65.25 feet for additions and alterations. This relief was never acted upon by the owner. The new constructed dwelling will remain consistent with the character of the neighborhood where many of the houses do not meet the 100 foot setback requirements. The proposed Page 3, January 20, 2022 #7586, Fox Stern SCTM No. 1000-40-1-14 deck expansion and front porch addition which will be situated landward will be more than the required 100 feet away from the bluff and not visible from the road. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. As mentioned, the previous owners had been granted variance relief but did not use it. Unavoidable variance relief is needed due to the non- conforming bluff setback of the existing foundation which will be retained. The only expansion from the existing footprint will be landward. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 28.5 relief from the code. However, previous relief has been granted to this property and other properties in the neighborhood with a greater non-conforming bluff 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. The applicant knew of the previous owner's plans to renovate the property. 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 anew .renovated 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,267713, motion was offered_ by Member Acampora; seconded by Member Dantes, and duly carried,to- GRANT the variance as applied for and:shown on-the engineered site plane prepared by Jeffrey T. Butler, LRE, last revised August 4, 2021, and architectural drawings prepared by Frank W. Uellendahl, R.A., last revised August 16, 2021 (Sheet B003)-and August 3,2021 (Sheets A100,A100E,A141, A102, A103) SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall apply for and obtain a Wetland Permit from the Southold Board of Trustees. 2. The applicant shall install an Innovative Advanced (UA) Septic System approved by the Suffolk. County Department.of Health. 3. During and after construction, follow practices that maintain bluff stability as indicated in the Suffolk County Soil and Water Conservation District letter of October 27,2021,which include the following; closely monitor irrigation on the property, vegetate bare soil with native species to . mitigate the effects of runoff, and equipment should not be stored near critical areas of bluffs or near any unstable soils. 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 Page 4, January 20, 2022 #7586, Fox Stern SCTM No. 1000-40-1-14 That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. 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; andfailure 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. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Vote of the Board: Ayes: Members Weisman (Chairperson) Dantes, Acampora, Planamento and Lehnert. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing l /2022 �I EXISTING SUBJECT PROPERTY CURRENTLY: 30 //// 40 WO/F RONALD E.SPILLANE 15 DEVELOPED AND 15 CONNECTED TO PUBLIC WATER,SERVICED W/PWR/GOMM/GTV VIA Ex. I'b00D STAIR, / = �4 5O / I EXI5TIN6 SGTM No. 1000-40-1.0-11.0 v / /WALKS AND / ���` 4"GHEIPPY STORY • w....,'k°" •' r:RF a..;, n 1 UNDERGROUND LINES TAPED FROM UTILITY POLE No.431D AND SUPPLIED YJ/LP VIA BURIED / 48 0� / I / 63403 NORTH RD J k • ..,4oFq`.. VPLATFORMS TO 5(� DWELLIIJ6 DEVELOPED - PUBLIC WATER TANK IN FRONT YARD AS NOTED ON PLAN. / .. BEACH TO R MAIfJ�� ' i ' '�0 / l IISLAND7 / STORM DRAINAGE 5Y5TEM: / 52 ' / / Isc�uNn / l PROPOSED 2 5TY FR DWELLING (2)STORM DRAINAGE DRYWELL 5TRUGTURE5 EX15T ON TH15 SITE,(2)ADDITIONAL DRAINAGE -COASTAL / 541 5? • TO BE GON5TRUCTE1?OVER EXIST.DWELLING COMPONENTS ARE PROPOSED FOR THIS SITE. EX.AND PROP.COMPONENTS WILL MAINTAIN EROSION HAZARD LINE i 54 AND PORGHE5(1686 5F+43 5F + 134 5F) PROPOSED CONSTRUCTION OGG'JR5 ' "" r/y 6 u-BJECT 5i-, x : / A 10'SEPARATION TO ALL SANITARY STRUCTS. ALL DRAINAGE 5TRUGTURES SHALL BE A5 SCALED FROM COASTAL / i I I • ON/WITHIN THE EXI5TIN6 i ;'.:w' • / NEW DWELLING AREA- 1863 SQ.FT. PROPER;,, p EROSION HAZARD AREA / / 54 REMAINING FOUNDATION. r ,A'>" ' a ` PLACED IN ACCEPTABLE LEACHING 501L5 A5 APPROVED BY THE TOWN ENGINEER IN THE / / NEW COVERED PORCH AREA-2qq SQ.FT. , EVENT POOR LEACHING MATERIAL 15 ENCOUNTERED,EXCAVATION 15 TO BE CONTINUED TO MAP PHOTO No.53-5q5-83 / J� I / ` NEW FOUNDATION/FOOTINGS ` , i 52 / \ NOTE: P / i SUITABLE MATERIAL AND BACK FILLED A5 DETAILED. SHEET 13 OF 4q / / / / SHALL BE PROVIDED FOR NE61 0 / S/ �/// / ' �' / �' / _ �J / // 18"CHERR.Y/ / EXISTING FOUNDATION TO REMAIN,WITH PORCH `�"�° x"w ` r$ :' .w '" �' / p�(�P3- �/ / SANITARY SYSTEM: / / / / 61 NOTE / 1S,1 STRUCTURAL REINFORCEMENT A5 NEEDED WITHIN r.m x r '. �� P `N EXISTING SANITARY SYSTEM SHALL BE ABANDONED BY REMOVAL. / // /'� / // 3y4�� PVC,CONDUIT - AIR TO UNIT, ,/ THE EXISTING FOUNDATION FOOTPRINT • * " .•_ THE PROPOSED SANITARY SYSTEM SHALL BE LOCATED A MINIMUM OF 20'FROM ANY / / / /' 2" PVC VENT THRU ROOF OF DWLG - .` , / , 24"GHERR'( --5L - EXISTING POOL DRAINAGE OR DRYWELL STRUCTURE / / EXTEND 4 MINIM OF 6 ABOVE THE ROOF / PROPOSED STORM DRAINAGE SYS. / / / // DEDICATED TO P/0 CONCRETE DRIVE �Q / THE PROPOSED SANITARY ETU SHALL MAINTAIN A 10'SEPARATION FROM THE EX.BURIED , , LINE AND A MINIMUM HORIZONTAL p" p'',,; ,.: r N•;,,` v ` ,/ ? / '/ / / / ' LP TANK d LEACHING COMPONENTS SHALL RESIDE A MIN OF 20'FROM SAID TANK. / 24/TWIN I / / SEPARATION OF 12 TO THE SLOPED -� 56 PARKING AREA AND PROPOSED ADDITIONAL ROOF AREA f r o� // / / / % -- ERPl I / USE 2 -8'Oxq'LIQ DEPTH LEAGHIN6 POOLS r\ _. ? . .• / / /' PORTION DF THE ROOF PER BLDG GODS) , MAINTAIN REQV SEPARATION D15TANGES AREA OF D15TURBANGE: 2°CHERRY 'PROPOSED // /' ry / , / i ±14,580 s .ft.(0.334q ACJ OPEN COVERS,TYPICAL l to / /; G,:_, q !- /1 / 14"CHERRY ' -ENTRY STAIR ADDITION / /54 CONNECT/INTERCONNECT A5 SHOWN LOCATION MAP: IL . / // / I NOT TO SCALE p i12'I4 / / / 58 '� • 8'xlo,bo 50. T. / / 100' 5ETBAGK LINE / `56 � 4"CEDAR • FROM TOP OF BLUFF PLOPOSED INNOVATIVE AND ALTERNATIVE RO .0 Ist GH <� _ rvo/F 8.08'x36.82',2qq SQ.FT. �� a a 24 2L � // � i i / / / RONALD E.SPILLANE �/ , , �j �� 54 " '/ ' SGTM No.1000-40-I.0-11.0 x i 'S 1 52 ON-SITE WASTEWATER TREATMENT 3"GH CRY / x �° o PROPOSED INLET PROTECTION o FND` 63403 NORTH RD / �� �(L i PL� i / <r 32 34 i / / K. i 1 iSl , / / I STAKE- EXI5TIN6 DEVELOPED / / P 54 INSTALL WHERE OPEN GONERS ARE PROVIDED SANITARY SITE PLAN: 4 DECK PUBUG WATER �F ° so 4 SF;�\ ' EXISTING �y `� SEE! INSTALLATION DETAIL ON 5HT 2 _ -/:::.. '::;. < 5\\ I CONCRETE < O SITUATE AT: 40 42% % �/ "'� / EXI5TING DECK TO REMAIN p�0� o g�'`\� DRIVEWAY \� FouND MAINTAIN GRADE OVER 63165 NORTH ROAD (GR 48) SGTM No.: 1000-40-0I-14 44 46 / �� / EXI5TIN6 / AREA: ±1,184 SQ.FT. /' �p \d STAKE 14"GHERRY ENHANCED TREATMENT UNIT(ETU) 6REENPORT, NY GWMZ IV: 600 GPD/AG 48 50 pe /� 56 1 STORY WITH NEW DECK SURFACE 0°`41 G a 3 MAINTAIN GRADE 5'BEYOND EDGE OF ETU,THEN TAPER TOI,IN OF 5OUTHOLD DATUM: NAVD88 52 DWELLING (PORTION OF DECK CONTIGUOUS TO PROPOSED 2/:.SOF;?:. ° DOWN TO NATURAL GRADE®335 (EQUATE5 TO 1'DROP 54 5/ 1 I I fy ` EXIST. 2nd STY DECKS TO BE REMOVED DWELLING TO BE RECONSTRUCTED �% ,� 2 5TY DWLG AND :;:{Q: SUFFOLK COUNTY, NEW YORK FLOOD ZONE: x 56 / % 18"CHERRY '� a > IN ELEVATION OVER 3 LATERAL DISTANCE) 54 a IN-PLACE IF/AS NEEDED) GAR ON LWR LVL _ / l AREA(5): Sq 5Q.FT.AND Ibq 5Q.FT. cp 52 52 / ,� 6 BUILT ON EX.FIND 6 �' as a SITE DATA: c� F.FL. = ELS6.6 EXISTING WOOD STAIR, - ; �� EXI5TIN6 1 4 2 STORY DWELLING/6ARA6E 54 �� �' A Q° 50 WALKS AND PLATFORMS =-- �% ' �/ ' /24"CHERRr' - • 5TRUGTURE5 TO BE REMOVED,AREA: ±I 86 5Q.FT. ° (2) 12„ �2`"Tw1N 5v i • EXISTING FOUNDATION TO REMAIN b 56 o a f (5 BEDRMS) X. ° TO BEACH TO REMAIN ,CHERRY / / _ 6 2 r g\. c Wq/ LOT AREA: 115 8q SQ.FT. (2.64q AG) "� � qd G L � HOLLY TREES _ , ti Z BUILDABLE LAND (LOT AREA LANDWARD OF GEHA BOUNDARY): COASTAL EROSION HAZARD'LINE _ 2"CHEF FY %i' / / ` ` � � as �� P�' o I ��1° a `� 61,038 SQ.FT. (2.Oo10 AG) A5 SCALED FROM COASTAL - 14"CHERRY \�G� 100 5ETBAGK LINE �, \� PHOTO No.53-5c15-80 EA MAP FOUND J o / s/ _ �F�N�P���' / / 4 w°CEDAR FROM TOP OF BLUFF 52 - -- - �Po o �bqZ � 054 y LK _ �oTF ° a �r OVER MAINTAIN 5TRUGTURES LOT GOVERAC�E: EXISTING W PROP05ED: �? s \\- 3 -o IAF.'�. . ' '. 9 �•� - .WD << v MAINTAIN 5R'i GRADE WITHIN 20'Of SHEET 13 OF 4q STAt e - 0 5 54 > g(, c + a°CHERRY,,. EX.POOL ,,p 0 . EX. � R} OVR ENTRY PORCH _43 SQ.FT. N/A Pte' � � � ° \ � s o .P�' Y. � � � � � ( � � � EDGE OF PRECAST STRUGIUR �'.:. � ° X.GONG. 50- P� � �, � � '' DWI �` 48 + EXISTING DECK TO RENfAIN FOUND o +6b55F, C . . / /� / L `� F (EQUATES TO I'DROP IN NATIO' DWELLING / GARAGE _1686 5Q.FT. 1,686 5Q.FT. 9 / *„i,,. DRVWAY EX15T. ROOFED OVER WD DECK p \ 0 , 44__ + ' STAKE o c�` a TO REMAIN \ '. c I \ /I t�T \U AREA: ±1,184 SQ.FT. / ✓ �j ti _ _ y 3 54- ��GF a OVER 20'LATERAL D TANGE),THIN DWELLING ADDITION N/A Ill SQ.FT. o F.FL.EL.®56.6' \� 5 .a TO BE REMOVED W: ExP/ 5^ F HOLE WITH NEW DECK SURFACE 54 Q�� a 4b-- o 5 �� `- �� t RF OVR WD DECK I$ PORGH ±134 50.FT. 2qq 50.FT. rL�.i I G.FLEL.®456' �. STRUCTURE TO BE REMOVED,AREA: 1134 5Q.FT. o �' �� � � Q' �� ! ,�` FC TAPER 501L DOI�IN-TO MEET NATURIL (PORTION OF DECK GONTIGl10U5 TO �' ��ti a �+�' o� n�:. 4 „ i EXISTING FOUNDATION TO REMAIN �° - �a D \ 1 'L �` T' �i GRADE. POOL X85 SQ.FT. ±685 50.FT. DWELLING TO BE RE(ON5TRUGTFO � A1�� ex °f\ 1 " SF C� ± " s 5, xcoy �' P/0 AREA TO BE CONVERTED TO PROPOSED EX15T.0 DECK PATIO 2q4 5Q.FT. N/A IN-PLACE IF/A5 NEEDED) - ` �5 t Ott J HOLLY TREE q� _--- �2'. TO BE RE5URFAGED \ /\0 - -LP ° ntl i , LIVING SPACE 2 ± ' 'ate 5 ° _=' 9 100' SETBACK LINE ' < ETU �� ° LG a RET. WALL PATIO 28 SQ.FT. N/A EXI5TIN6 5WIMMIN6 POOL TO REMAIN G,_- �' \Eass°F, �e� �c�1r ,..� <> � r '� s P� \\ s X ;:• 1 �p spm 2nd FL. DECKS 258 SQ.FT. N/A `� i \ �- s - / LOCUST ± ` F C cp • 6 5 \ Cj 3T x 18.5', ±b85 50.FT. x\ r 4g �P{ FROM 70P OF BLUFF \ �`'y•1� `� EXISTING DECK ±1,184 SQ.FT. ±1,184 SQ.FT. -� �- EX. - `- - 54- / t `0 \ DP c9 C� �� 5.T. 52 XG�� PROP05ED 1 \ �� EX.BURIED (� 0 �p \�' \ d o / + m / \o \j \ ` 3 \ a o DECK ADDITION N/A _421 SQ.FT. 100' 5ETBAGK LINE __ ,,zb� ',.::� o��a ��__ =j So TE5T 25 IRREGULAR SHAPE DECK ADDITION 44 ---_ �� A� LP TANK Ip MIN ss y ° 45 • FROM TOP OF BLUFF- \\:p�G _oj P!p, 0 �/Lp, HOLD� 'PH i ±Iq.25'x26.15', ±421 SOFT. � � �_ \ o , r0 REMAIN � - \_ \ LOT COVERAGE: ±4025 SQ.FT. ±4 458 SQ.FT. i cam``•, �' U'H'F� � ` `� � \\\\\\\ -4g£�- JS FOUND / .. Y.u;a - �c t F.c.rt. 1 z s. \ / I MAl 1 CON. MON EX.U.P. 4.4290) (4.go96) �-- EXISTING PATIO TO BE REMOVED 44-- - tig� `` �o LP TAUK vT F\ 4? PROPOSED PERGOLA \ �\ 24" ,� Fx _- -48 -� ° l/cam / OVER PROPOSED DECK 42 `--__ �� \\L : \ 0 U5T \� / GRD /NS I �431D W N EXISTING ADJACENT WALL5 TO BE REMOVED Z `; �� --- w;37D 14.0x20.5,281.0 SQ.FT. \\�� RELOGD �/�o F 1 ° t 4 --- �, DRNfi L - °4' ° 6 `� PROP. STAIR ADD'N a I/A OWTS UNIT SIZING: PATIO AREA: ±2q4 SQ.FT. \ Ex.wnt�- Ex LOCUST ak,,Ex HTR / / EX.HTR (� m WALL LENGTHS: ±20 AND t3.5 ti TBR(TYP) -- - - ` 625'x14,±88 SQ.FT. _ 5.G.D.H.5.DIVISION OF ENVIRONMENTAL QUALITY STANDARDS FOR APPROVAL OF PLANS AND 40- ti k � \ ' -_-- �--- �° � VALVE 1 '�\\ �\\ REOG'D\\✓�----I T - _,` // 4 i,VALVE _ tj 50 Fk POOL'DRNG RELOG D - GON5TRUGTION FOR SEWAGE DISPOSAL SYSTEM FOR SINGLE-FAMILY RE5IDENGE5 E..i.� PBDW -�`--46 ----- DATED: DECEMBER 2q,2011 EXISTING ROOFED OVER CVRD PORCH, � � -- __ a-, _ ,\ �1m \° °\ I i �. � `� � ROc,� SrRu�TURE___ �•'� - �', / - -� I 50 � W m X ADJACENT WALL d STEPS TO BE REMOVED _ t i/ --� -- - X46 TABLE 3: MINIMUM I/A ON-SITE WA5TEWATER TREATMENT CAPACITIES PORCH AREA: ±43 SQ.FT. - -, ; EXIST.SANITARY SYSTEM t� \ PROPOSED ` \ T' _ , ° I 5 BEDROOM DWELLING: WALL LENGTH: ±4.5' FOUND ` �. R QU BE ABANOONEE BOXED NOTE, t / \`- i_ t o LOCATION OF RELOCATED DRAINAGE STRUCTURES -__ P -\ \ a I I MINIMUM TANK CAPACITY = 550 GALLONS � z 5TRUGTURE5 TO BE REMOVED 5TAI E ti i" LE qp\ tJ��� LOCATED BELOW DECK ADDITION ILT F gA O z EXI5TIN6 FOUNDATION TO REMAIN \ I-, THI5 DWG FOR ADDITIONAL INFO.' j EN RRIL� \ / I/A W ti M PROPOSED SILT FENCE BARRIER 1 I I ° I Z \ �J` �Q` 38 - 44,_ 1 I \ MAINTAIN UNTIL JOB GOMPLETIO.' � / O TS UNIT LOAD CALCULATION: 1 ° 1 f N/O/F - -\� \ L _\` a 110 GPD x 5 BEDROOMS = 550 GPD TL FLOW REQUIRED < { / JOLYON F.STERN PROPOSED \ // PROPOSED SANITARY DE516N FLOW= 550 GPD O d) SEE INSTALLATION DETAIL ON SHT 21 I \ / ° a I I . 5GTM NO. 1000-40-1.0-13.0 FOUND 20" ER05ION CONTROL MEA5URE \ 1 So I I ' STAKE 38 42, ' 1 ().._ 5EPARATION 015TANGE REQ MT5 FOR EXI5TIN6 POOL DRAINAGE STRUG 1;ZE AND EXISTING` \ 63035 NORTH RO MAPLE PROVIDE SLIT FENCE BARRIER WHERE \ \ I \ USE FUJI ENHANCED TREATMENT UNIT SANITARY 5EPTIG TAINK5, I/A OWTS, �� DRYWELL SHALL BE REMOVED ANP REL OCATEO A5 \ ` < DEVELOPED,PUBLIC, WATER SHOWN PER DETAIL ON DWG No.2 \ I \ •• MODEL No. GENT,GRAVITY SYSTEM >--4 y O PUMP STA OR MANHOLE (RESIDENTIAL): �J NOTED ON PARTIAL SITE PLAN,THI5 DWG c� Z \ \ I I .. M� / TREATMENT CAPACITY: "100 GPD T O �o � 50 � ° •. \ � / TL,WORKING CAPACITY: I Obq GAL N N MIN.HORIZONTAL SEPARATION DISTANGE5: �= \ , 1 1 \ •• FLuk4 FWI,cD 50-100 63PP A.BUILDING W/CELLAR = 10-0" \ 1 1 \ •• MAINTAIN REQUIRED SEPARATION D15TANGE5,5EE THIS DWG FOR INFO B.BUILDING ON SLAB = 5'-0" s , , 1 \ \ 4 ,43 PARTIAL SITE PLAN - •. SEE DETAIL FOR INFORMATION,DWG No.3 G.PORCHES,DECKS,HOUSE OVERHANGS, CANTILEVERS,ETC, = 5'-,�" : ', ; \I 11 ° _ ,' PROPOSED SANITARY WORK PROP. I/A ON-51TE 5ANITARY 5Y5TEM •REMOTE FUJI GNTRL GNTR AND BLOWER D.WATER LINES = 10-0 I 1 1 1 / 46 AEROBIC,TREATMENT PLANT: TO BE MOUNTED 3S'ABOVE GRADE OR ABOVE SANITARY LEACHING POOL SIZING: � W E.SURFACE WATER(WETLANDS) = 75'-O" 1 ' 1 1 / BFE WHICHEVER 15 HIGHER(5EE 'H'FRAME DTL, --F.PUBLIC,WELL = 200'-0" 3° 1 1 -FUJI GLEAN USA ENHANCED TREATMENT UNIT(ETU), PER 5.GD.H.5.DIVISION OF ENVIRONMENTAL QUALITY _ 1 I / DWG No 3) G.PRIVATE WELL = 75'-0" ' \ ! I I I � / • MODEL GENT(GRAVITY SYSTEM,DESIGN FLOW: 700 GPD) STANDARDS FOR APPROVAL OF PLANS AND CONSTRUCTION FOR SEWAGE DISPOSAL 67 RETAINING WALL(WTRPROOF) = 10'-D" I •• UNIT INGLUDE5: BLOWER MODEL MAGIOOR,5Y5TEM •CONTROL PANEL AND SYSTEM FOR SINGLE-FAMILY RESIDENCES H. 11 I 1 /// 20 10 O 20 40 60 CONTROLLER(OP/GNTRL CENTER) W ALARM BEACON 4 REMOTE AIR COMPRESSOR DATED: DECEMBER 2q,2011 ENGINEER: J.U/6 FUEL TANKS - 10'-0" Is I I 6RAPHIG 5GALE I" _ �'.'-O" AUDIBLE HORN ALARM(LOCATED REMOTELY,AS SHOWN) LOCATION FOR OWT5 15 APPROXIMATE. VERIFY K.U/6 UTILITIES= 5=0' � -- I I I PROVIDE: WITH OWNER PRIOR TO INSTALLATION. REQUIREMENT PER TABLE 5: _ MINIMUM LEAGHIN6 SYSTEM FOR A 5 - 6 BEDROOM RESIDENTIAL PROJECT ' L.ROAD STORM DRAIN5 = 20-O' 1 1 / •• 2"U/6 ELEG GND FROM AERATION CHAMBER(A.G)TO OP5 , M.ON-51TE STORM ORAIN5 = 10'-0" ti 42 I I •PROVIDE CONVENIENCE GFI RECEPTACLE MINIMUM LEAGHIN6 SYSTEM(400 50 FT 51DEWALL AREA) /�; 4; - ✓ ` , N.CATCH BASINS(NDN-LEAGHIN6) = 5'-0" 1 sX I 1 ,/ // •• 2"U/6 VENT GND FROM PRE TANK(P.T) TO HOUSE STACK •• GFI CONVENIENCE RECEPTACLE NEARBY CONTROL PANEL NEARBY CONTROL PNL(3.5 ABV FIN.GRD MIN) MINIMUM 505 EXPANDED SYSTEM(600 5Q.FT.51DEWALL AREA) Gj �� 0.SANITARY LEAGHINCi POOL = 8'-O" ` I ? II MAINTAIN REQUIRED SEPARATION DISTANCES,THI5 DWG z4 �/ I 1 /< 44 PROVIDE 20 AMP SERVICE FROM MAIN ; P.SEPTIC TANK,PUMP 5TA OR M.H. = 5-O" I \ ELECTRICAL PANEL IN DWELLING. I / • MAINTAIN GRADE 5'BEYOND ETU,THEN TAPER DOWN TO r �;r Q.PROPERTY LINES = 5-0' ` i N/O/F 5EE DETAILS ON ONO No.3 " R.5WIMMING POOL = 20=0 ml 1 / /, ANNE WALSH PROP/EX15T GRADE AT A RATE OF 1:3 SANITARY LEACHING POOL DESIGN: m ;'! ►' w 5.TOP OF EMBANKMENT OR STEEP SLOPE I / / N/a� 5'STM N0.1000-40-1.0-11.0 • 5EE DETAIL,DWG No.3 (1555 SLOPE OR 6REATEI<) = 25'0" J I 1 I EX.U.P. 42 LAURENGE L056ALZOLEA.GHING SYSTEM FLOW REQUIREMENT: 2 / / #431B 63411 NORTH RD � � T.BLUFF = 65'-0" 40 V�p05 / / 1 11 / / �> / 5C, 6334OR4 1. 15,0 DEVELOPED PROPOSED LEAGHIN6 FIELD 400 50.FT LEACHING AREA/25.0'5Q.FTJVERT FT = 16 VERT FT REQ'D �� G ^� U.OEGK/RAMP = 5'-0" l 1 / 4 / / PUBUG HATER ti �Q 1 1 , / ,\ 40 VACANT (2)64)x V EFF.OP LEAGHIN6 POOL UJ)E: FOUND / / \ 1 1 ,/ ° ° / ,/ / LOCATION FOR 50%EXPANSION SHOWN NOTE TO GONTRAGTOR., (2) 8'm x 8' EFF. DEPTH LEAGHIN6 POOLS 5TAF1 1 1_ / // , /33 to • MAINTAIN SEPARATION DISTANGE5,THI5 DWG • PROVIDE A TOTAL OF 7T GU.YO5 OF RATEABLE 501L... MIN. LEAGHIN6 AREA REQ'D' = 400 50.FT.OF 51DEWALL LEA( AREA JEFFREY T. BUTLER, P,E. 3h �o�N • MAINTAIN 5%GRADE OVR 20'BEYOND SAN.LEAGHIN6 •• PROVIDE 4b CU.YDS OF RATEABLE 501L(5W OR SP PER ASM 51DE WALL LEAGHIN6 AREA PROVIDED = 400 S.FCOMP (] 20ANDONMENT BY REMOVAL: \1 °34 � / / /\ ,/ Gj� FOu112 • SEE DETAILS ON DWG No.2 NENTS,THEN TAPER ON 70 PROP/EXIST GRADE STANDARDS)FOR THE PURPOSE OF REPLACING UNSUITABLE UPON 505K EXPANSION INSTALL AN ADDITIONAL: -I EXISTING SYSTEM TO BE ABANDONED BY REMOVING ALL RESIDUAL ' I �I �c} / / } 34 FIFE SOILS WITHIN THE PROPOSED SANITARY LEAGHIN6 POOL 3'610E 5EWAGE WASTES BY A LICENSED WASTE HAULER,REMOVING THE �9' • ' // /// COLLARS. (I) t>'� x 8 EFF.DEPTH LEAGHIN6 POOL ENTIRE STTRUGTURE(5),BACKFILLING WITH SUITABLE SAND AND I I ` �� / / , , / �q2 COMPONENTS AND PIPING: •• PROVIDE 31 GU.YDS OF RATEABLE SOIL(SW OR SP PER AST1 MIN. LEAGHIN6 AREA REQ'D = 600 5Q.FT.OF 51DENALL LEAGHIN6 AREA � / \ DISTRIBUTION POOL: 51DE WALL LEAGHIN6 AREA TO BE PROVIDED UPON EXPANSION = 600 5.F CD GRAVEL MATERIAL,AND PROPERLY GOMPAGTING. \ o• / / 32 5TANDAR05) FOR THE PURPOSE OF REPLACING UNSUITABLE O f- I -4'm PRE-GA5T DISTRIBUTION POOL,SEE PTL ON DWG No.2 SOILS WITHIN THE PROPOSED STORM DRAINAGE LEACHING FOOL XO - / / / / • USE ENDGAP LEVELING DEVICES(TYPICAL) 5EE DRAWING No.l FOR SANITARY STRUCTURE/COMPONENT DETAILS C I 4 \ ° / / / / ' ' ' p C 2 V� PIPING MAINTAIN SEPARATION DISTANCES,THI5 DWG 2'WIDE COLLARS. • ' LL SITE PLAN � • SITE 15 FILL NEUTRAL. PROPOSED FILL/GRADING OVER THE � o Q✓_ � / / / SANITARY SYSTEM WILL UTILIZE EXCAVATED MATERIAL D15PLaGED O Z • 4"SDR 35 TRANSPORT PIPE(TYPICAL,U.O.N) �� � __- 4 / / / `7DUE TO INSTALLATION OF SANITARY AND STORM WATER I'cQTE: EXISTING CONDITION / DEMO 4° op \ ° `� 33 / ; % COMPONENTS. w _ o }= Q FOR SANITARY PROFILE,SEE DWG No.2 •THESE PLANS ARE DESIGNED TO COMPLY WITH... UJ 36 EL.4q.0' O.0 •U?IOFFICIAL COMPILATION OF GOOE5 RULES AND REGULATION OF THE STATE OF NEW JIJ O } � J / EX.U.P. 1 a �a31 2 _ BRN TOPSOIL/ STANDARDS FOR v �-' I O / YORK TITLE to DEPARTMENT OF HEATH CHAPTER II PART 75 STANDA 1--1 z INDIVIDUAL ONSITE WATER SUPPLY AND INDIVIDUAL ONSITE WASTEWATER TREATMENT Z /� <p SILTY SAND,FINE, SYSTEMS. APPENDIX l5-A Z Q 42 S / I �`I Fid ' 4 ° a EL.41.0' RAVELrSr U 2 0 �.-D.H.S. 'STANDARDS FOR APPROVAL OF PLANS AND GONSTRUGTIDN FOR SEWAGE A-1 (� Lu 40 20 O 40 80 120 l / I rh / ° 4, p BLW GRD GRAPHIC 5GALE 1" = 40'-O" \\ 1 1von�/ ��0�01 ��00 30�//� ° ° z 3 D15PO5AL 5Y5TEM5 FOR SINGLE-FAMILY RESIDENCES-DATED 12-2q-2011. rT1 - (� 1 ' N� BRN/L7 BF11,BRN I-'--1 � Q O Q N/O/F / ° o CJ`j ��� 1 Fra oN � ° ° ° a SILTYSILTY 5a140,ND, H Z O - JOLYON F.STERN / / /'rn R • 4 p FINE/MEG 70 4.0 N SEPARATION DISTANCE SGrM Na.1000-40-10-13.0 // // ___- ' \ , o Lu <_- EL.45.0' FINE/FINE �iM,5W) BLW GRD n = j� W # 63035 NORTH RD i , ,o x \ `c3 ��\3' �i QPft�,4 ° J ~ ° � FINAL SAP REQUIREMENT5 FOR DEVELOPED 42 / / X +�� 4° � `� BRN 51LTY5ANO, - SANITARY LEAGHIN& PUBLIC HATER 40 ' \ e�� �P3 $ I w zo FINEGR>VEL 8.0' pe`' �/�/C �/ -r / (36 �� 1. P® K��` / p p EL.41.0 (5Mi BLW RE V E GD BY 9L O O I STRUCTURES (RESIDENT 3a 4 A. BUILDING W/CELLAR- IC,-oil DISTANCES: 36 \ `�� / ° °G�. ' o BRN/LT BRN SILTY c _ Ls DHS REF. No. _ �- �1 O 5AND/5AND,FINE, IOA' 6 SEE DECISION it .� N O MINIMUM HORIZONTAL SEPAW 0 __ 4 LEGEND: REWORKED CONTOUR •••...... .......• m B. BUILDING ON 5LA13= 10-0" z GRAVEL(SM,5l^U Q LL G. PORCHES,DECKS,HOUSE OVERHANG5, STORM DRAINAGE 34-- � �? O� - Q EL.3q.o BLw PROPERTY LINE EXISTING CONTOUR CANTILEVERS,ETC, = 5'-0" o? �Xb XV v� LT BRN AND, h-LI D. WATER LINES= 10'-0" CALCULATION : q�Op Xc OS \ � y" MED/FINE iRAGE O D CONT 6 f?.F: i=Ti1 I`' p� „ p 12.0 PROP SANITARY PIPE ss ss -- _� LL � E. SURFACE WATER(WETLANDS) = 100-0 VOLUME = AREA x RAINFALL x GDEFFIGIENT Vo��o ° ° ��OVp, �,�(0� DEVELOPED PROPERTIES EL.37.0' OF 6RA1/E'-(5l^U BLW 6110 EXI5TIN6 SPOT ELEVATION x6.0 J gip Q z F. PUBLIC WELL = 200'-0' , _ �v ° ^1'`° - RAINFALL = 2.0' - 0.161 �� LT BRN 5AND, EXI5TIN6 SPOT ELEVATION 6.0 ( SEP 2 2 2021 Q � �tV�/(� GREATER THAN 150 L.F. X.L.P.T SUPPLY LINE 6. PRIVATE WELL = 100'/I,,O' �.J"�� ° FROM SUBJECT PROPERTYS COEFFICIENT OF: � H. RET.WALL(WTRPROFF). 10'-0' •CONCRETE DRIVE/PRKG = I.O R17 y> ° 4 PROP05ED 5ANITARY 5Y5TEM MED TO:INE 14.0' EX.U/6 WATER SERVICE w w J. U/6 FUEL TANKS= 10-0 •ROOF AREA = 1.0 �� ° ° EL.35.0' (5L^U BLw 6RD FINISHED FLOOR ELEVATION F.FL.EL. _ ) -7 Q K. U/6 UTILITIES= 5'-0" AREA OF: �( ° 4 EXI5TIN6 OVERHEAD UTILITY LINE: - - - - EXISTING UTILITY POLE ;L(7NTMIG POjARO 01-APPEALS L. ROAD STORM DRAINS OR •ADDITIONAL ROOFED OVER AREA = ±2qq S.F. �a ° LT BRN 5AND, REGHAR6E BASINS= 20'-0" •CONCRETE DRIVE/PRKG AREA = 12,386 50.FT. fan v°� �<kA' �� MED TO FINE, PROP.U/6 ELEGTRIGAUCOMMUNIGATION `�" TRAGEOF SERVICE LINES: -oc U6 -u6- TEST HOLE M. REGHAE STORM DRAINS OR G RECHARGE BASINS = 10'-+0 ±2qq SQ.FT.x 0.161 x 1.0 = 4q.g3 GU.FT.(ROOF RUNOFF) 4��SSS EL.2q.0' 6RAVEL(5I^II 200 BLW GRD N. CATCH BASINS,NON-LEACHING = 10'-0" ±2,386 5Q.FT.x 0.I67 x 1.0 = 3qq GU.FT.(P/0 DRIVE/PARKING RUNOFF) \� �,� PROP05M SANITARY SYSTEM: PROPOSED SANITARY SYSTEM: FDA(5E : 0. SAN.LEAGHIN6 POOLS=V-0" \5 P. PROPERTY LINES = 5'-0" STORAGE VOLUME REQUIRED = 448.83 GU.FT. ��Poj� END OF BDRIN6 r - - Q COVER TO GRADE (�COYER TO GRADE NO GROUNDWATERENCOUNTERED COV[R BLW 6RADE Cpm EILW GRADE Q. TOP OF EMBANKMENT OR STEEP SLOPE USE: Q (15%SLOPE OR 6REATER) = 25'-0" 2- VIP x 8.O'H.(6.0'LIQ.DEPTH) 51TE PLAN BASED ON ORIGINAL SURVEY BY: HIGHEST EXPECTED GROUNDWATER� EL 33.84 R. BLUFF =b5'-0" INTERCONNECT POOLS AS SHOWN NATHAN TAFT GORWIN,LAND SURVEYOR FUJI GLEAN USA LEAGHIN6 EXPANSION 5. SEPTIC TANK,PUMP 5TA, 5TORAGE VOLUME PROVIDED = 506.88 GU.FT. 1586 MAIN ROAD TEST HOLE DATA ENHANCED TREATMENT UNIT(ETU) POOL _ POOL GREASE TRAROR MANHOLE = VI JAME5PORT,NY 1Ig41 T. 5WII•MMIN6 POOL= 20'-0' 5TORAGE VOL. REQUIRED: ±44q GU.FT. SURVEYED: MAY 11,2004 BY: J.R.HOLZMA'AHER,RE,LLC, 1\P U. DECK/RAMP = 5'-O" STORAGE VOL. PROVIDED: ±506 GU.FT. LAST UPDATED: OGT.20,2016 ON Ob-11-2011 - DHS APPRO\SAL AREA: Of SCDHS SET Site Comparison : Fox Stern ) rust (2021 ) vs Quinn (Case No. 1151 , 2018) DesignSmiths Architecture + 231 943 2323 319 N. ELMWOOD AVENUE TRAVERSE CITY, MI 49684 www.designsmiths.us ii'i V KEY: //X/i / /j /jA j � Area of existing dwelling to be reconstructed within the same footprint, over existing foundation (same footprint as additions and alterations approved for z// // !/ \ /v Quinn, Case No. 7151, 2018) Area of proposed dwelling in place of existing g porches ( dwelling and same area as additions and alterations approved for Quinn Case No. 7151' EXISTING DECK TO BE 2018) RE-SURFACED TOP OF BLUFF N/O/F RONALD E.SPILLANE Area of proposed porch' deck additions and steps (expansion of footprint of Quinn additions and ., ,/ alterations COASTAL EROSION HAZARD LINE AS SCALED FROM //%� / // /—� EXISTING 1 &2 STORY COASTAL ERISION HAZARD AREA MAP PHOTO#53-595-83 — DWELLING TO BE REMOVED /moi i / s / / TO EXISTING FOUNDATION ❑ Area of approved Quinn Additions and Alterations / SHEET 13 OF49 ^ \ AND REPLACED WITH NEW (2nd floor deck addition and pergola) no longer 2-STORY DWELLING proposed 0%, EXISTING INGROUND POOL // '� \ Existing Unchanged TO REMAIN PROPOSED IRREGULARLY \` SHAPED 427 IF DECK ADDITION WITH 14'X 20.5'TRELLIS ABOVE AREA OF PROPOSED A — DWELLING TO BE kS\P J--CONSTRUCTED IN PLACE OF O EXISTING DWELLING AND PORCHES \G� PROPOSED 8'X 37'C\ER\ EX. CONCRETE BLOCK WALL �\ �I-- —_PORCH \ 100' SETBACK FROM TOP OF may\ \\��� ��� \�� 1 \\ 1 \ OL Ilr— BLUFF N/O/F JOYLON F. STERN \� �� 11 I 1� 1\ \� �\ QO\� N/O/F LAURENCE LOSCALZO V OG EXISTING 5' HIGH METAL \ n\IBJ RFCFIV MESH FENCING WITH THIGH y �D PLASTIC MESH DEER \� I I I �\ \ �SE NING BoPFENCING gR2�o2 LIL �N UTILITY POLE#4378 �F2g0�2P P1F pCS \ � i 40 \/ # Description Date \/\ A revised 8/16/21 loe 4z ice'' i \ ' Fox Stern Trust Residence 63165 Route 48 Greenport, NY /i I — 11944 ,s / c,5 \ 1 SCTM 1000-40-1-14 FINAL MAP -- --- REVIEWED BY ZDA SEE DECISION ## Fa DATED J=a4d�LN r Site Plan 1 o site plan B003 Scale: I" =40'-0"' 003 Desi gn S_rn i t-h s 1/A200 o Architecture + 231 943 2323 0 CD 319 N.ELMWOOD AVENUE TRAVERSE CITY, MI 49684 04 www.designsmiths.us ————————--———--————————————---j ———————————————————————————--I 18'-10 1/4" 10'-8 1/8" T-3 1/8" 0 0 I -_ -- i I,l`_- _i1 � l cli basement mechanical(e) F 0 0 0 co 0 (Ij co CV co mud 1/A301 roomI/A301 -_————- qarage(e) -- -----71 entry F �0- U') entry CD CN crawl space crawl space 0 -—————————— J- —-----T L————————————- 1/A300 1/A300 L——————--------J I J L------------ I -------------———— ——————————————————-j L -J F-4-7 (SEP 2 2 RV G 13 0 C' <co I Description Date A revised 8/3/21 NAL FNAL MAP REVIEWED BY ZZBA iz DATE D_J_ 1/A201 L L Fox Stern Trust Residence �5��aD�Acy C? 63165 Route 48 °' j j ��cr��t� 2�y=��` Greenport, NY 11944 SCTM 1000-40-1-14 OL NEIN 1 Lower Level N z �OO Scale: 114" := l'-d;; I® z I4-----------------I—————------ Plans A AIIIIIIIIIIIIIINk 20'-6" 6'-3" ej Ar 1% P, A %MOP DesignSmiths Architecture + 231 943 2323 319 N.ELMWOOD AVENUE TRAVERSE CITY,MI 49684 www.designsmiths.vs c O O -------- I P P I P I I P P L------ O O O o o O O O basement(e) garage(e) . Stair(e) entry O O O r------------- I n I O i I P I P P C I I L------------- A — ----------A � ✓� r'� L; RECEIVED DAPE, SEP 2 2 2021 ZONING BOARD OF APPEALS 1 Description Date A revised 8/3/21 FINAL MAP Fox Stern Trust Residence 63165 Route 48 REVIEWED '���' Greenport, NY SEE DECOON # 11944 DATED–j— J�J SCTM 1000-40-1-14 1 Existing Lower Level / Foundation N 100E Scale: 1/4" = V-0" Existing Plans Lower Level / Foundation 1/A200 DCsig11 Sii i1,hs Architecture 60'-11" 28'-9" T-3" 11'-10" 1o'-s" + 231 943 2323 319 N. ELMWOOD AVENUE - O TRAVERSE CITY, MI 49684 co www.designsmiths.us N li deck e X 1 ;i - bar tv ♦ i' l; a! -- 777i Quest s_ I clos _ bedroom �' o ,1 I is i / co i� I , fire livin _ I ✓-r `l i1 II kitchen dining dw built-in cabinetl O -"— ----- -_- ----- — — ! – -- I I 00 9/ I 1 closet MV mud ' 1/A301 301 room i -- --- J ; r i I 0 � to co N Cl) -j Q >< N rn HVAC chase uest " bathroom (�� - \�- =1 ) - ref. frzr. 11 built-in wilt-in cabinet ' ' laundry ;abinets 0o wder bench coat 5-- E wio I pantry y ! I _ J ----- - entry j H Ii --- - i" tv � family 1/A300 room 1/A300 0 PTqTT porch ❑ ❑ ❑ o-_—_______ r_______._____i s____. _ 1 SEP 2 2 2021 i afJlf�t 60�RD Ot # Description Date A revised 8/3/21 'ISL MAP REVIEWED BY ZBA Q _ I I I I N SEE D�JE Si 1/A201 Fox Stern Trust Residence es dence PkrQ Ap 63165 Route 48 UEt(E�O Greenport, NY r 11944 i II SCTM 1000-40-1-14 . 0 l= OF N �- - - -- 1 Main Level N = II11 _ 3'-7 1/8" 5'-1 1/4" 4'-5 3/4" 7'-4 7/8" 5'-0 1/4" 9'-3" 12'-9" 10'-9" A101 scale: 1/4" V-0"' ❑ ❑ I 36'-11" 24'-0" Plans 60'-11" 1/A200 Dcsigel SL'1'11ths 0 • Architecture + 231 943 2323 319 N.ELMWOOD AVENUE TRAVERSE CITY,MI 49684 CD www.designsmiths.us m Q N 60'-11" 9'-11 5/8" 18'-3 3/4" 7'-3 1/8" 11'-3 3/4" 11'-3 3/4" F-- --------------- ———————————————————————————— —————————— ----------------- ——————--——---—————— --� I I ]-- I I open to I p i = O below r r I r I bedroom 2 bedroom 1 I w r I - master I _ Ibathroom Xr 1 -1- I - - master 1 - bedroom ' C) �r--- - - ,- ' - 'I -- I II closet—�, � I N ,- � 1 i — 1/A301 m closet — I 1/A N W I r I � � � I linen ClCset— �, _... I, I 04 301 I toilet r closet I o �;' o 0 — linen I N / Q M maste I N N I — close' ! storage -- — --–- r - — — — ;77 N , 1- w/o I v, b00 Cn : — J �_ 0o I _ — - -laundry 1 - ----- I / _ -1 -- 1- �- -- - � l I - --- —J -------------------------- --- -- - - - _ -- - I I , ----------------------------------------------------------- T - I 0 1/A300 I window I I b-rlroom 00 I 1/A300 seat bedroom 3 00 FI - I-- I -----------------------------------------j 2021 I SEP 2 2 { tilr,r 1,ofr.D cyl 0 0 Q N # Description Date : A revised 8/3/21 'N_rLAL I j JJV� CI10N' _41/A201 .. � Fox Stern Trust Residence Ir'e 63165 Route 48 n Greenport, NY 11944 6'-2" ;" SCTM 1000-40-1-14 13'-8 1/8" 11'4318" 3'-4 1/2" 7'-2" 3'-9" 5'-1 1/4" 11'-0 1/8" • 021 �F N . _ N 36'-7 1/2" 24'-0" 1 Upper Level N A102 Scale: 1/4" = V-0" 60'-11" Plans ` � DesignS-n-ii.ths + 231 943 2323 319 N.ELMWOOD AVENUE C) TRAVERSE CITY, MI 49684 CD 1/A301 I/A301 ' slope slope integrated gutter iN Description Date A revised 8/3/21 co 71 7FINAL MAP REVIEWED BY ZBA L SEE DECISION # � Fox . .~~^ . .~~.~~..~~ Greenport, NY 11944 SCTM 1000-40-1-14 fill -J roof 1 11 J0 Plans ' A rill Al 06 ' ` DesignSmiths metal roof Architecture Peak Height + 231 943 2323 el. 86.2 319 N.ELMWOOD AVENUE TRAVERSE CITY,MI 49684 www.designsmiths.us wood siding no trim at windows and doors Cn Cl) L L floor(e) L el.-56.6' Aq--\ natural grade 7W Fi—) north elevation (A�2OO Scale: 1/4"= 1'-0" O metal roof Peak Height—/1k ---------.......................... el. 86.2' 4— RECEIVE'D ��G(- SEP 2 2 2021 TNTNG BOARD OF-APPEALS wood siding # Description Date . A revised 8/3/21 no trim at windows and doors M Cn co Fox Stern Trust Residence FINAL MAP 63165 Route 48 Greenport, NY REVIEVVED BY ZBA 11944 tz'6! n E C I S 10 N i# -'75g� SCTM 1000-40-1-14 floor(e) -------------- ------ el.-56.6' 021 natural grade N E\N ---------------------------el.-557-e Ons F-7— ---------- n(— east elevation r 1 tA�200 Scale: 1/4"= 1'-0" A200 L------------------------------------- ---------J extend existing chimney beyond new roof DesignSmiths ... Peak Height Architecture . . ................... metal roof el. 86.2 + 231 943 2323 319 N.ELMWOOD AVENUE TRAVERSE CITY,MI 49684 www.designsmiths.us gutter and down pipe no trim at windows and doors wood siding wood deck, guard and stair V- to match existing IN, floor(e) el.-56.6' `v natural grade rh 31 r ———————————————- - --—————————————————————————————————— --1------------------———————————————————————-j south elevation (A�201 Scale: 1/4"= 1'-0" F—J L—-I F—J L_-1 F J L1 L----J L---- metal roof Peak Height 86.2 MECER/Er) & 7 ,S SEP 2 2 2021 7,0NIING BOARD or APPEALS no trim at windows and doors # Description Date A revised 8/3/21 wood siding Cn wood deck, guard and stair to match existing Fox Stern Trust Residence 63165 Route 48 F Greenport, NY INAL r0AP 11944 REVIEWED BY ZBA SCTM 1000-40-1-14 SEE DECISION '9kQ AAS, floor(e) DATED "------------------------------- el.-56.6- natural grade ------......-- ---- e1.-53' . 021 -4 Elevations west elevation (A2JO1 Scale: 1/4"= I'-0" A201 trjf S®U �1OFFICE LOCATION: � ��® MAILING ADDRESS: Town Hall Annex Az �® P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY 11971 Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman,Chair Members of the Zoning Board of Appeals :t; From: ,Mark Terry,AICP ' Assistant Town Planning Director m •,,.,.•,,,�� .��r 'r 1' LWRP Coordinator Date November 13, 2021 Re: LWRP Coastal Consistency Review for ZBA File Ref THE ALEXANDER FOX STERN 1997 TRUST#7586 SCTM# 1000-40-1-14. THE ALEXANDER FOX STERN 1997 TRUST#7586—Request for a Variance from Article XXII, Section 280- 116A(1)and the Building Inspector's August 16, 2021 Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling and to construct a new single family dwelling on the existing foundation; at 1) dwelling is located less than the code required 100 feet from the top of the bluff; located at: 63165 County Road 48, Greenport,NY. SCTM No. 1000-40-1-14. The proposed action has been reviewed to Chapter 268,Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available to me,the proposal is recommended as CONSISTENT with the LWRP. This recommendation is based upon: 1. The Reasons for Appeals Addendum for Alexandra Fox Stern 1997 Trust 63165 North Road(CR48) Greenport NY document included in the file. 2. The mitigation proposed. 3. No purposed further seaward projection of structure than the existing. Aerial analysis shows that the bluff surface is heavily vegetated and relatively stable at this time,however,frequent storm events that have caused the Town's shoreline to experience severe erosion(even when hardened)occur over time. Setbacks to top-of-bluff lines mitigate future impacts to structures providing area buffers between the hazards and structures. Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy,Town Attorney Su olk County SWCD { r, Corey Humphrey,CPESC 423 Grilling Avenue rtaJ�l District Manager Suite 110 e � Y/Wwy - = ,. (631)852-3285 Riverhead,NY 11901 www.SuffolkSWCD.or Rob Carpenter •� �' Chairman 10/26/2021 L ' Leslie K. Weisman OCT -2 Chairperson Board of AppealsI�II�Csf�atJ- ; Town of Southold P.O. Box 1179 Southold,New York 11971-0959 Re: ZBA#7586 The Alexandra Fox Stern Trust SCTM# 1000-40-1-14 Dear Chairman Weisman, Thank you for reaching out to Suffolk County Soil and Water Conservation District for assistance. Evaluation of this property has been conducted. This single-family dwelling is located adjacent to a bluff, facing the Long Island Sound, in a residential area. The proposed renovations of the property exist within and beyond the 100 foot setback of the bluff. The renovations on the property will occur within 71 feet from the op of the bluff.According to Article XXII section 580-116A(1) "all buildings or structures located on lots upon which there exists a bluff landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff." All proposed construction on the property will occur within the already existing foundation of the house that is currently present. It is important to note that the top of the bluff face slopes landward away from the bluff, decreasing the chance of runoff from the property to the bluff, in turn decreasing the chance of erosion events. Erosion Concerns The bluff face behind the property houses a steep slope which increases the chance that an erosion event could occur. The slope is moderately vegetated, which stabilizes the underlying soil. At the toe of the bluff,there is no bulkhead, and signs that the bluff is at risk of being undermined. Suffolk County SWCD Q�� Cd)� Corey Humphrey,CPESC 423 Griffing Avenue V District Manager Suite 110 J� '� (631)852-3285 Riverhead,NY 11901 a �- Rob Carpenter www.SuffolkSWCD.org mom, Chairman y rJ CU(VcJFS;WIQ {9� X g ffE S / 1Ey OT-WES �wy,m' LEj f ey. u• Rills in soil indicate erosion from water .�M Bare Soil at toe of bluff is an indication undermining is occurring. y.. r _ °'�' � .sem ,' ,�,,., �` .,-` xm. ,;"•w,`` ,� ,._- � y.. .� eH.- ryb-*�` "'"w '+'N.'......mss. .., As.. :.+,E�`"yt .x,�L,,. '"v....�„c .. w- '.�• 1�' •+ ,b�;•��. ... "���.. .,.., The toe (bottom)of the bluff is a major contributing factor in the overall stability of the bluff. A stable toe is typically well vegetated up until the point which it reaches the shoreline. Long Island's north shore Suffolk County SWCD 03,1< CailCorey Humphrey,CPESC 423 Griffing Avenue ii. District Manager Suite 110 J (631)852-3285 Riverhead,NY 11901 Rob Carpenter www.SuffolkSWCD.org _ , Chairman is susceptible to strong storms such as Hurricanes an nor'easters,which have been known to result in powerful erosion events. An exposed toe on the bluffs of the north shore of Long Island because of the frequency of these storms. Undermining of the toe is a process that occurs when the soil is left exposed to erosion by both wind and water.The bare soil will steadily be washed or blown away, leaving less soil at the toe to be held responsible for more weight. Over time,the toe of the bluff will not be stable enough to hold weight above, and will cause a collapse.The severity of the collapse can vary, but will continue to occur over time if the bluff is not stabilized with vegetation, a bulkhead, or both. To preserve the stability of the bluff, bulkheads are installed where the shore meets the bluff to decrease the likelihood of erosion events. The yard itself contained a variety of vegetation,with slopes pitched away from the face of the bluff. This vegetation acts as a soil stabilizer and will decrease the chance the bluff or yard will be negatively impacted by storm events. E� ffig J a `. �� Suffolk County SWCD ��,K Ca)� Corey Humphrey,CPESC 423 Griffing Avenue L/ District Manager Suite 110 •,?> (631)852-3285 Riverhead,NY 11901 'I ,.L .y Rob Carpenter www.SuffolkSWCD.org Chairman r coivS- P� V� 4 N. e. rp 6 z� yyb 91 1 a � 2 { S r 4 Two of the proposed areas of construction sit beyond the 100 foot setback boundary from the top of the bluff,the irregularly shaped trellis and the proposed porch.The two areas of proposed construction that are within 100 feet of the bluff face exist in the footprint of the current house. It appears that no expansion will occur beyond the footprint that already exists. Suffolk County SWCD ©YXCp Corey Humphrey,CPESC 423 Griffing Avenue c/ District Manager Suite 110 (631)852-3285 Riverhead,NY 11901 G^jVIL Rob Carpenter www.SuffolkSWCD.org Chairman JU J /V) �16 c'vNs�v � � �' �i ltt y��5�5'� �,ii ���t � 1�����H• t �' I t � ail 4}thio lyi'• � (ICI `-iz r _ ����� �w �I I 1�(e� v � > E i� r View of Property Facing North r „�., ' d .•tea ''� � � �` s �., MWT- 118 m A i . •... ��gyp' There are several downspouts on the property the direct rainwater from roof of the home.The downspouts are directed away from the bluff face, towards the south side of the property. Directing the runoff rainwater helps keep the face of the bluff stable and prevents the soil from becoming oversaturated. Suffolk County SWCD OAK Co Corey Humphrey,CPESC 423 Griffing Avenue {'�( Vi1, District Manager Suite 110 `C l�j� (631)852-3285 Riverhead,NY 11901 ` ,� � � Rob Carpenter www.SuffolkSWCD.org ;_� Chairman CO O ^ =,. rrc 3� ��� i's � i•+ `�t yw�s � i� �,f .cue, r.y ...fs � � "WIWWWYi Alk x, IMNMfllpltlilllllplilll,llpl,l 11111 III lll�l��illl�lp� � ���,,; � ��� "" m , � .� , .... 'F wrl u s �w Downspouts 0- During During and after construction it is important to follow practices that maintain bluff stability. Below are some maintenance and construction tips regarding soil and bluff stability. Suffolk CnuntymWoo -' Corey Humphrey,opsoo 42oommn8Avenue District Munuuu Suite 110 (631)852-3285 mvomnau'NY 11901 Rob Carpenter vmww.Suffo|kGWCo.org Chairman CO Practices that Encourage Bluff Stability: ---� * Closely monitor irrigation on the property. It is important to routinely check the system's water pressure for leaks, and to make sure that the area is not being irrigated when it is unnecessary todoso.This should bedone byaqualified individual. * Water runoff is a major contributor to bluff destabilization. Impervious surfaces and lack of vegetative ground cover encourage the formation of rills and gullies in the landscape, eroding ' soil away osthey develop.Vegetate bare soil with native species to mitigate the effects of runoff. ° Use of heavy machinery can affect the stability of soils.Soils risk structural damage near the bluff from the vibration ofrunning equipment, machinery should not beleft toidle. Heavy machinery compacts soil increasing the chance of surface runoff on the property.Compaction can be minimized by using the same route to enter and exit the property. Unnecessary areas of compaction will be avoided. Equipment should not be stored near critical areas of bluffs or near any unstable soils. * Any ground disturbing activity has an impact on soil stability. Bare pieces of ground should be reve8etated as soon as possible. Rooted plants decrease the likelihood ofboth water and wind eroding soil. Thank you for reaching out to Suffolk County Soil and Water Conservation District for this assessment. Donot hesitate tocontact mewith any questions you may have. Sincerely, ` EdCompa0nnne COUNTY OF SUFFOLK RECEIt/ED s t� Wh-.4W OCT 0 5 2021 ZONING BOARD OF APPEAL S OFFICE OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Commissioner Economic Development and Planning October 4, 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 A 14-14 thru';A 14-25 of the Suffolk County Administrative Code; the following application submitted to the Suffolk County Planning Commission is to be a " matter for local determination as there appears to be no`significant-county-wide or inter-community impacts. A decision of local determination should -not be construed.as either an approval or disapproval. Applicant Municipal File Number Joseph Polidora #7583 Gregory Tuck #7585 The Alexandra Fox Stern 1997 Trust #7586 Pants View LLC #7587 Fredric Scofield Trust #7588 HAS Holding LLC #7589 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 Is P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 In (631)863-6191 FOkM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: August 16, 2011 TO: Robert Herrmann, En-Consultants (The Alexandra Fox Stern 1997 Trust) 1319 North Sea Road Southampton,NY 11968 Please take notice that your application dated July 23, 2021: For permit to: demolish an existing single family dwelling (first and second floors) and to construct a new single family dwelling on the existing foundation at: Location of property: 63165 County Road 48, Greenport,NY County Tax Map No. 1000—Section 40 Block 1 Lot 14 Is returned herewith and disapproved on the following grounds: The proposed construction, on this conforming 115,389 sq. ft. parcel in the Residential R- 80 District, is not permitted pursuant to Article XXII Section 280-116A(1) which states: "All buildings or structures located on lots upon which there exists a bluff landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff." The site plan shows the construction setback to be 71 feet(+/-) from top of bluff. 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: file,Z.B.A. Fee-S Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS RECEIVED AREA VARIANCE g G House No.63165 Street North Road(CR 48) Hamlet Greenport SEP 2 2 2021 40 1 115,389 sf R-ZONING BOARD OF APPEALS SCTM 1000 Section Block Lot(s) 14 Lot Size Zone I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED August 16,2021 BASED ON SURVEY/SITE PLAN DATED August 4,2021 Owner(s): The Alexander Fox Stern 1997 Trust Go Jolyon F.Stem,Trustee' ' Mailing Address: 130 East 67th Street,Apt 6D,New York,NY 10065 Telephone: 917-669-6063 Fax: Email:matthewloonstensmith@gmad.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative:En-consultants for(x) Owner( )Other: Address: 1319 North Sea Road,Southampton,NY 11968 Telephone:631-283-6360 Fax.631-283-6136 Email:rherrmann@enconsultants.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED August 4,2021 and DENIED AN APPLICATION DATED August 4,2021 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: XXII Section: 280 Subsection: 116(A)(1) 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(x) has, ( ) has not been made at any time with respect to this property,UNDER Appeal No(S)5644,6833,7151 Year(s). 2005,2015,70-18 , (Please be sure to research before completing this question or call our officefor assistance) Name of Owner:Mark&Ellie Gordon,Timothy&Georgia Quinn(2) ZBA File# 5644,6833,7151 REASONS FOR APPEAL (Please be specific, additional sheets map be usea'tivith preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: See attached addendum 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: See attached addendum RECEIVED 3.The amount of relief requested is not substantial because: SEP 2 2 2021 See attached addendum. ?ONING BOARD OFApPE" 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: See attached addendum 5.Has the alleged difficulty been self-created? { } Yes,or {x}No Why: See attached addendum Are there any Covenants or Restrictions concerning this land? { ) No {x} Yes(please furnish a copy) Copy enclosed 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. Robert E Herrmann i ture of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this 2nd day of September 12021 l' ota ublie KIM H . STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO . 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 . 20a Cj r RECEIVED REASONS FOR APPEALS ADDENDUM FOR - THE ALEXANDRA FOX STERN 1997 TRUST SEP 2 2021 63165 NORTH ROAD (CR 48) GREENPORT,NY ZONING BOARD OF APPEALS SCTM#1000-40-1-14 1. The granting of the requested relief from §280-116(A)(1) for the proposed dwelling reconstruction (within the existing dwelling footprint, over the existing foundation) less than 100 feet from the bluff crest (with limited footprint expansion represented by a deck expansion and porch addition situated more than 100 feet from the bluff) will not have an undesirable impact on the surrounding neighborhood or the immediately adjoining neighbors because the proposed renovation will not change the position of the existing development relative to the bluff or side lot lines. Therefore, there will also be no diminishment to the existing bluff setbacks on the property, including those established by or authorized by the Board in three prior variance decisions. Specifically, in addition to exceeding the existing minimum bluff setbacks established by variance approvals for the existing deck and swimming pool in 2005 (Case No. 5644) and 2015 (Case No. 6833), respectively, the proposed bluff setback of approximately 71 feet exceeds the 65.5-foot bluff setback approved by the Board for similarly situated but never constructed additions and alterations proposed by the prior owner(Quinn) in 2018 (Case No. 7151). The reconstructed dwelling will thus also remain consistent with the neighborhood character of the surrounding developed shoreline community along North Road, which is characterized by dwellings located substantially closer to the bluff than 100 feet, including many which, like the applicants' dwelling, were constructed prior to adoption of the 100' bluff setback. These findings are consistent with those of the Board in Case No. 6833, wherein it was stated that an undesirable change in the character of the neighborhood would not be produced by granting the bluff setback relief requested at that time because "the area consists of single family homes many of which are set back less than 100 feet from the top' of the bluff' and because "the existing setback is not changing." The Board reached a similar conclusion in its prior variance determination (Case No. 7151), wherein the Board found that granting of the variance would not produce an undesirable change in the character of detriment to nearby properties because "the proposed alterations are limited to the existing structural footprint [and] therefore there is no change to the existing bluff setbacks." This statement remains true for the current proposal relative to the existing bluff setback; and it remains true relative to the footprint, with the exception of the proposed deck expansion and front porch addition, both of which are situated landward of the existing structural footprint and more than 100 feet from the top of bluff. i==777� — Robert N Herrmann Sworn to before me this 2nd day of September, 2021 KIM H . STEPHEN NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO . 5015931 DUALIFIE0- IN SUFFOLK C-OUNTY EXPIRES AUGUST 2 , 2045 1 �Page 2. The benefit sought by the applicants, which is primarily the expansion and improved functionality of the presently limited existing second floor space, cannot be achieved without bluff setback relief due to the location of the existing structure less than 100 feet from the bluff. Prior to sale of the property to the applicants, the prior owners sought similar relief for a similar benefit through substantial alterations, additions, and renovations to the existing dwelling, which were approved by the Board in 2018 pursuant to Case No. 7151. However, upon review of the approved design and the applicants' desire to expand the dwelling structure in place of the small front porches and add a larger porch addition landward thereof, it would make the most sense to essentially reconstruct the existing first and second stories within the existing structural footprint, over the existing foundation. The viability of the currently proposed design was confirmed by a licensed professional engineer through evaluation of the existing foundation. As a result, the applicants' proposal entails more significant in-place demolition and reconstruction but occurs within the same footprint as that approved for the prior owners, except that 1) the reconstructed dwelling expands over/in place of the existing front porches on the landward side of the house; 2) the previously approved second floor deck expansion and pergola, located on the waterside of the house and closer to the bluff, have been eliminated from the design, thus resulting in a greater bluff setback than that approved for the prior owner (71 versus 65.5 feet); and 3) the proposed deck expansion and porch addition would expand the existing structural footprint only on the landward side of the house, more than 100 feet from the top of bluff. (A graphical comparison of the footprints of the applicants' proposal and that approved for the prior owner is presented on the enclosed drawing titled "Site Plan Comparison: Fox Stern Trust(2021) vs. Quinn (Case No. 7151, 2018)." The unavoidable need for variance was recognized in the prior variance determination, wherein the Board acknowledged that given the dwelling's existing bluff setback and the proposed work within the existing footprint, "the benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance." 3. The approximately 29 feet of requested setback relief is mathematically substantial, representing 29 percent relief from the code-required 100' bluff setback. But relative to the existing, legally established bluff setbacks, the requested relief is not substantial in fact because the proposed dwelling reconstruction would be situated roughly 10 feet farther landward of the top of bluff than the waterside edge of the existing structural footprint and within the same footprint as the existing structure except for the above noted landward footprint expansion located more than 100 feet from the bluff. And in its prior variance determination, the ZBA found that the mathematic substantiality of the relief was mitigated by the fact that the proposed construction would be situated farther from the bluff than the existing first story deck and swimming pool approved by the Board in 2015, a condition that remains true for the current proposal. Robert'*Y. Herrmann Sworn to before me this 2°d RECEIVED day of September, 2021 KIM H . STEPHEHS BSEP 22 2021 N D T A R Y P U 9 L I C ZONING BOARD OF APPEALS STATE OF NEW YORK - - COMMISSION NO , 5015.9,31 QUALIFIED IN SUFFOLK COU TY 2 1 P a g e EXPIRES AUGUST 2 . 20, 4. The proposed project will not have adverse effects on the physical or environmental conditions of the subject or neighboring lands. The proposed construction will not change the position of the existing development relative to the bluff or tidal waters of Long Island Sound, and there will therefore be no diminishment to the existing bluff or wetland setbacks. And although the project will result in a 468 sf net increase to lot coverage, it will result in a net decrease to lot coverage within 100 feet of the bluff as a result of the removal of the existing second floor decks. The dwelling will remain located entirely outside the Coastal Erosion Hazard Area and well more than 100 feet from surface waters. The bluff, which is the natural protective feature for the property, is well vegetated and stable; and there is no evidence that the existing dwelling structure has had any adverse effects on the integrity of the bluff. Nonetheless, as with the previously approved project design, mitigation measures intended to minimize potential impacts are proposed, including installation of a temporary project limiting fencing to control site disturbance and runoff during construction; and installation of a proposed stormwater drainage system to collect and recharge runoff. And while the previously approved design called for continued use of the existing conventional septic system, the current design includes more substantial mitigation in the form of replacement of the existing septic system with a new, low-nitrogen, innovative/alternative sanitary system (UA OWTS), which is designed to significantly reduce nitrogen loading into the groundwater table, thus creating protection of and potential improvement to water quality. 5. As argued in the prior variance application, although it can be stipulated that the applicants are presumed to have had actual or constructive knowledge of the bluff setback limitation when they purchased the property, it is unreasonable to predicate that a dwelling constructed over 40 years ago would never require some degree of modernization requiring alterations and/or additions; and the subsequently adopted bluff setback requirements make it impossible to implement such renovations without variance'relief. Therefore, it is arguable that the difficulty with meeting the required bluff setback is not self-created. Robert E. emnann Sworn to before me this 2nd day of September, 2021 f RECEIVED SEP 2 2 2021 KIM H . STEPHENS NOTARY PUBLIC -QNING BOARD OF APPEALS STATE OF NEW YORK COMMISSION N0 . 5015931 QUALIFIED IN SUFFOLK COU TY EXPIRES AUGUST 2 , 20a� 3 1 P-a g e APPLICANT'S PROJECT DESCRIPTION APPLICANT: The Alexandra Fox Stem 1997 Trust DATE PREPARED:September 2,2021 1.For Demolition of Existing Building Areas Please describe areas being removed: Remove,down to existing foundtion, 1,686 sf 1 &2-story dwelling and 43 sf&134 sf porches,remove 89 sf and 169 sf 2nd floor decks,and remove294 sf masonry patio. II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension:177 sf dwelling addition in place of existing porches,8'x 37'porch addition;427 sf deck addition Dimensions of new second floor: 35'(max)x 61'(max) Dimensions of floor above second level: N/A Height(from finished ground to top of ridge): 31 2'(max) 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: one&two-story dwelling with porches and 1st and 2nd floor decks. Number of Floors and Changes WITH Alterations:Two-story dwelling with porch and deck additions and pergola IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 3,990 sf Proposed increase of building coverage: 468 sf(total proposed=4,458 sf) Square footage of your lot: 115,389 sf;(buildable land=91,038 so Percentage of coverage of your lot by building area: 4.9 percent (proposed), 4.4 percent(existing) V.Purpose of New Construction: Construct of new modernized,energy efficient dwelling in place of existing dwelling to provide an expanded second story living space and larger deck and porch on landward side of house. 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): The land contours of the presently improved portion of the property do not affect the difficulty in meeting the code requirements,but the presence of the steeply sloped Long Island Sound bluff located less than 100 feet from the existing dwelling to be renovated creates the need for relief fromthe required 100'bluff setback set forth by Section 280-116(A)(1). Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. RECEIVED 4/2012 SEP 2 2 2021 ZONING BOARD OF APPEALS I QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? Yes X No SEP 2 2 2021 B. Are there any proposals to change or alter land contours? ZONING BOARD OF APPEALS No X Yes please explain on attached sheet. Less than 12"around proposed sanitary system distribution pool (see enclosed engineering plans) C. 1.) Are there areas that contain sand or wetland grasses? Yes 2.)Are those areas shown on the survey submitted with this application?Yes 3.) Is the property bulk headed between the wetlands area and the upland building area? No 4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction?No Please confirm status of your inquiry or application with the Trustees: Wetland Application will be filed upon ZBA and if issued, please attach copies of permit with conditions and approved survey.determination. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel?No If yes, please label the proximity of your lands on your survey. Residential,single-family dwelling I. Please list present use or operations conducted at this parcel with partial second floor,- 1st&2nd story decks and swimming pool and the proposed use same,with reconstructed 2-story dwelling, and porch&deck additions. (ex: existing single family,proposed: same with garage,pool or other) September 2,2021 Authoriz signature and Date FORM NO. 4 r&oo F TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Office of the Building Inspector ,- s� 0, Z014 Town Hall Southold, N.Y. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY R EWED �k V No z-25284 Date SEPTEMBER 30, 1997 SEP 2 2 2021 THIS CERTIFIES that the building DWBLLING BONING BOARD OF APPEAL Location of Property 63165 COUNTY ROAD #48 GRZINPoRT, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 40 Block 1 Lot 14 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 23, 1973 pursuant to which Building Permit No. 6819-Z dated AUGUST 23, 1973 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH GARAGE UNDER AS APPLIED FOR. The certificate is issued to MARTIN C. S DORIS PFBFFSA (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 3-SO-120 - AUG. 27, 1979 UNDERWRITERS CERTIFICATE NO. 9-053490 - JANUARY 13, 1997 PLUMBERS CERTIFICATION DATED N/A BuildingIn ector Rev. 1/81 j FORM NO, 4 TOWN OF.SOUTHOLD RECEIVED BUILDING nEPARTMENT Office of the Building Inspector IF C 2.6 2-014 Town Hall Southold, X.Y. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z- 0143 Date: 04/19/04 THIS CERTIFIM that the building ACCESSORY Location of Rroperty: 63155 CR 48 GREENPORT (HOUSE NO_) (STREET) (HAMLET) 'County Tari; NtLp No. 473889 Section 40 Block 1 Lot 14 Subdivision Filed Map No_ Lot No. conforms substantially to the Application for-Building Permit heretofore filed in t.his office dated APRIL 2, 2004 pursuant to which Building Permit No. 30211-Z dated APRIL 2, 2004 was issued, and conforms to all of the requirements of the •appligable provisions, of the law, The occupancy for which this certificate is issued is ACCES.9ORY SHED AS APPLIED FOR. The certi�i.cate is issued to MARTIN C PFEFFER (OWNER) of the afoaesaid building. SUFFOLK C DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAI CERTIFICATE NO. N/A PLUMBERS QERTIFICATION DATED _ N/A j Authorized Sfature Rev. 1/81i p,ECEIVED O SEP 2 2 2021 ZONING BOARD OF APPEALS r vaun avv- z TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall 3 Southold, N.Y. RECEIVED � w ;7 E 2 6 2014 CERTIFICATE OF OCCUPANCY ZONING BOARD OF APPEALS No: Z-32190 Date: 02/07/07 THIS CERTIFIES that the building ALTERATIONS Location of Property: 63165 CR 48 GREENPORT (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 40 Block 1 Lot 14 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUARY 1, 2005 pursuant to which Building Permit No. 30983-Z dated FEBRUARY 28, 2005 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is INTERIOR ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. r The certificate is issued to NO-FO PROPERTIES GPT.LLC (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 101518C 07/13/06 PLUMBERS CERTIFICATION DATED 08/28/06 CHARLES T. LITWIN Au hor' ed Signature RECEIVED Rev. 1/81 pF APPEALS ^ ZONING BOARD 1 ��flrOSUFFQt'�4oGy Town of SOL....:.'ld 10/26/2016 P.O.Box 1179 53095 Main Rd RECEIVES Southold,New York 11971 SEP 2 2 2021 CERTIFICATE OF OCCUPANCY ZONING BOARD OF APPEALS No: 38502 Date: 10/26/2016 THIS CERTIFIES that the building IN GROUND POOL Location of Property: 63165 CR 48, Greenport SCTM#: 473889 Sec/Block/Lot: 40.-144 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 12/4/2015 pursuant to which Building Permit No. 40390 dated 1/7/2016 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: accessory in Found swimming pool with fence to code as applied for per ZBA#6833 dated 2/19/2015 The certificate is issued to Quinn,Timothy&Georgia of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 40390 10/12/2016 PLUMBERS CERTIFICATION DATED AuthbKed Signat e F04kt®� Town of So—Ad 10/26/2016 P.O.Box 1179 53095 Main Rd Southold,New York 11971 RECEYVE® BAR ��� •'r CERTIFICATE OF OCCUPANCYSEP 2 2 2021 ZONING BOARD OF APPEALS No: 38618 Date: 10/26/2016 THIS CERTIFIES that the building DECK Location of Property: 63165 CR 48, Greenport SCTM#: 473889 Sec/Block/Lot: 40.4-14 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 12/4/2015 pursuant to which Building Permit No. 40390 dated 1/7/2016 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: deck addition to an existing one family dwelling as applied for per ZBA#6833 dated 2/19/2015. The certificate is issued to Quinn,Timothy&Georgia of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED P A AuthorKed Signatu e RECEIVED �—JCULTURAL DATA STATEMENT" SEP 2 2 2021 ZONING BOARD OF APPEALS ZONING BOARD OF APPEALS 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 variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: The Alexander Fox Stern 1997 Trust 2. Address of Applicant:c/o Jolyon F. Stern,Trustee, 130 East 67th Street,Apt 6D, New York, NY 10065 3. Name of Land Owner(if other than Applicant):same as Applicant 4. Address of Land Owner:same as Applicant 5. Description of Proposed Project: see attached project description. 6. Location of Property: (road and Tax map number) 63165 North Road(CR 48), Greenport; SCTM#1000-40-1-14 7. Is the parcel within 500 feet of a farm operation? { } Yes {x} No 8. Is this parcel actively farmed? { ) Yes {x} No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6 (Plea e use the back of this page if there are additional property owners) Robert E. Herrmann 9 2 /21 Sign'a-lk&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. RECEIVED THE ALEXANDRA FOX STERN 1997 TRUST 63165 NORTH ROAD (CR 48) SEP 2 2 2021 GREENPORTSCTM #1000-40-1-14,NY ZONING gogRp DFAPFEqLS Construct a 2-story, single family dwelling with attached garage in place of existing 1,686 sf, 1 & 2-story dwelling and 43 sf and 134 sf porches (existing dwelling foundation to remain, with structural reinforcement provided Was needed; new foundation to be provided for portion of new dwelling constructed in place of existing porches); remove existing 89 sf and 169 sf 2nd floor decks, and resurface existing 1,184 sf deck to remain; construct 427 sf deck addition to landward side of existing deck(more than 100 feet from top of bluff), with 6.3' x 14' stairway to grade and 14' x 20.5' pergola above;remove existing 294 sf masonry patio, and construct 299 sf porch addition on landward side of reconstructed dwelling with 8' x 10' entry stair; remove existing septic system and install new UA sanitary system,utilizing approximately 77 cy of ratable soil to replace existing subsoils (more than 100 feet from top of bluff); and install a stormwater drainage system, all as depicted on the site plan prepared by Jeffrey T. Butler, P.E., P.C., dated April 12, 2021, last revised August 4, 2021. RECEIVED Short Environmental Assessment Form SEP 2 2 01 Part I -Project Information 2021 ZONING BOARD OF APPEALS Instructions for Completing Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on 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 inforination 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: Fox Stern 1997 Trust Renovation Project Location(describe,and attach a location map)- 63165 North Road(CR 48),Greenport;SCTM#1000-40-1-14;property is located on north side of North Rd(CR 48),+/-1,465'west of Queens Lane Brief Description of Proposed Action: Construct a 2-story,single family dwelling with attached garage in place of existing 1,686 sf, 1 &2-story dwelling and 43 sf and 134 sf porches(existing dwelling foundation to remain,with structural reinforcement provided if/as needed,new foundation to be provided for portion of new dwelling constructed in place of existing porches);remove existing 89 sf and 169 sf 2nd floor decks,and resurface existing 1,184 sf deck to remain;construct 427 sf deck addition to landward side of existing deck(more than 100 feet from top of bluff),with 6.3'x 14'stairway to grade and 14'x 20 5'pergola above;remove existing 294 sf masonry patio,and construct 299 sf porch addition on landward side of reconstructed dwelling with 8'x 10'entry stair, remove existing septic system and install new I/A sanitary system,utilizing approximately 77 cy of ratable sod to replace existing subsoils(more than 100 feet from top of bluff);and install a stormwater drainage system,all as depicted on the site plan prepared by Jeffrey T.Butler, P.E.,P C.,dated April 12,2021,last revised August 4,2021. Name of Applicant or Sponsor: Telephone:P 917-669-6063 The Alexandra Fox Stern 1997 Trust E-ivlaih matthewloonstensmith@gmail.com Address: c/o Jolyon F.Stem,Trustee, 130 East 67th Street,Apt 6D City/PO State- Zip Code: New York NY 10065 1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rile,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that 1:1may 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 fiinding from any other government Agency? NO YES If Yes,list agency(s)name and permit or approval:Town of Southold,Suffolk County Department of Health Services ❑ 3. a.Total acreage of the site of the proposed action? 115,389 sf,- -, b.Total acreage to be physically disturbed? +/-14,590 sf c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 115,389 sf 4. Check all land uses that occur on,are adjoimng or near the proposed action: ❑Urban ❑ Rural(non-agriculture) ❑ Industrial ❑ Commercial m Residential(suburban) ❑ Forest ❑ Agriculture m Aquatic ❑ Other(Specify)- Parkland Page 1 of 3 SEAF 2019 P r�Grr 5. Is the proposed action, �j NO YES N/A a. A permitted use under the zoning regulations? `�' SEP 2 2 2021 ❑ ❑✓ ❑ b. Consistent with the adopted comprehensive plan? 1:1 ❑ ZONING BOARD OF NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? ❑ ❑✓ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify- ❑✓ ❑ NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? 7 ❑ b. Are public transportation services available at or near the site of the proposed action? ❑ c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed 171 ❑ 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: ❑ ❑ 11 Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: A new I/A OWT septic system is proposed. F,71 ❑ 12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State Register of Historic Places,or that has been determined by the ❑ Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑ ✓❑ archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? 13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodres regulated by a federal,state or local agency? ❑ 0 b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? 0 ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: Pagc 2 of 3 14. Identify the typical habitat types that occur on,or are likely to be found on the project site.Check all that apply: mShorelme ❑ Forest ❑Agricultural/grasslands ❑ Early mid-successional m Wetland ❑ Urban m Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats, listed by the State or NO YES Federal government as threatened or endangered? ❑ ❑ i 16. Is the project site located in the 100-year flood plan? NO YES ❑ ❑✓ 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO I YES If Yes, a. Will storm water discharges flow to adiacent properties? ❑ ❑ b. Will stone water discharges be directed to established conveyance systems(runoff and stone drains)? ❑ ❑ If Yes,briefly describe: 18. Does the proposed action include constriction or other activities that would result in the impoundment of water NO YES or other liquids(e.g.,retention pond,waste lagoon,dam)? If Yes,explain the purpose and size of the impoundment: ❑ ❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES 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 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicandsponsor/name: obert E Herrmann, En-Consultants Date:September 2,2021 Signature: Title:Coastal Management Specialist RECEIVED �-o SEP 2 2 W1 ZotjING BOARD OF APPEALS PRINT FORM Page 3 of 3 EN-CONSULTANTS RECEIVED September 21,2021 700 SEP 2 7 2021 ZONING BOARD OF APPEALS Southold Town Zoning Board of Appeals Town Hall 53095 Main Road P.O. Box 1179 Southold,NY 11971 Attn.: Elizabeth Sakarellos Re: The Alexandra Fox Stem 1997 Trust 63165 North Road(CR 48), Greenport SCTM#1000-40-1-14 Dear Ms. Sakarellos: Attached for your file is a copy of the Agreement of Trust for the above referenced application. Should any additional information be required,please do not hesitate to contact our office. Sincerely, 1 im Stephen Enc. 1319 North Sea Road I Southampton,New York 11968 1 p 631.283.6360 1 f 631.283.6136 www.enconsultants.com environmental consulting RECEIVED 1�c�6 SEP 2 7 2021 VIRGINIA F. STERN, Grantor 7-ONING BOARD OF APPEALS with JOLYON F. STERN, Trustee AGREEMENT of TRUST September 29, 1997 THE ALEXANDRA FOX STERN 1997 TRUST Goodkind Labaton Rudoff & Sucharow LLP 100 Park Avenue New York, New York 10017-5553 _ RECEIVED (SEP 2 7 2021 THE ALEXANDRA FOX STERN 1997 TRUST ZONING BOARD OF APPEALS TRUST AGREEMENT ("Agreement") made this 1-1-1 day of September, 1997 between VIRGINIA F. STERN, as grantor (the "Grantor") and JOLYON F. STERN, as trustee (the "Trustee") . The Grantor desires to establish an irrevocable trust for the benefit of her granddaughter, Alexandra Fox Stern ("Alexandra") , and her issue. The Grantor desires to transfer and assign to the Trustee certain property to be held in trust for said purpose. The Trustee is willing to act as trustee hereunder and the parties wish to set forth herein the terms and conditions of this Agreement. IT IS, THEREFORE, AGREED: FIRST: The Grantor hereby assigns to the Trustee all of her right, title, and interest in and to the property described in Schedule "A" annexed hereto and made a part hereof, to be held in trust by the Trustee, for the uses and purposes and under the conditions set forth in this Agreement. The Trustee agrees to hold such property in trust for such uses and purposes and under such conditions. The Grantor reserves the right to add property to this trust from time to time and at any time. In addition, any other person may add property to this trust at any time. The property described in Schedule "A" and any other property which is added to this trust is hereinafter called the "Trust Property" . RECEIVED SEP 2 7 2021 ZONING BOARD OF APPEALS SECOND: This trust shall be irrevocable. The Grantor shall have no right to revoke or terminate this trust or to alter or amend it, in any manner or to deal in any manner with the Trust Property or to change the Trustee or have any interest of any kind whatever in the Trust Property, except that the Grantor shall retain the power, described in Section 675(4) (C) of the Internal Revenue Code of 1986, . as amended ("Code") , to reacquire any part of the Trust Property by substituting other property of an equivalent value. THIRD: The Trustee is hereby vested with all of the right, title, and interest in and to the Trust Property, FOURTH: In each calendar year in which there is a transfer of money or other property to the trust, the amount of each such transfer shall be divided into as many equal shares as shall provide one such share for Alexandra and one such share for each issue of Alexandra who is then alive. Each of them shall have the absolute and unrestricted right to withdraw the share so set apart; provided, however, that each such right of withdrawal shall be limited to the maximum amount excludible from a donor's taxable gifts under Section 2503 (b) of the Code. The Trustee shall, within ten (10) days after any such contribution, notify each of Alexandra and her issue in writing of such contribution and of her or his right to withdraw, as provided above. The aforesaid right to withdraw shall terminate to the extent provided in the 2 ` RECEIVED -- SEP 2 7 2021 ZONING BOARD OF APPEALS succeeding sentence if it is not exercised within the period commencing on the date the written notification is either (i) mailed by certified mail, return receipt requested, or (ii) delivered personally, receipt of which is acknowledged in writing, to each of Alexandra and her issue (or to her or his parent, guardian, or other legal representative in the event she or he is a minor or otherwise under a legal disability) and ending on the date thirty (30) days after the date such notification is so mailed or delivered, as the case may be. Such right of withdrawal shall terminate pursuant to the succeeding sentence to the extent such termination would not be deemed to be a release of a general power of appointment for federal estate or gift tax purposes pursuant to the second sentence of Section 2041(b) (2) of the Code or the second sentence of Section 2514 (e) of the Code. To the extent that any such right of withdrawal is treated as a power which would be considered released because of such termination, such right of withdrawal shall continue in existence with respect to the amount of the contribution that would have been considered released, and shall terminate as soon as and to the extent that such termination shall not result in a release of a general power of appointment. FIFTH: (A) The Trustee shall hold, manage, invest, and reinvest the property of this trust, shall collect the rents, interest, dividends, and other income therefrom 3 RECEIVED SEP 2 7 2021 ZONING BOARD OF APPEALS and, after paying all proper charges thereon, shall, at any time and from time to time, pay to or for the benefit of such one or more of Alexandra and her issue, in such proportions among them, whether equal or unequal, and with power to exclude any one or more of them, so much or all of the net income and principal of the trust as the Trustee, in the Trustee's sole and uncontrolled judgment and discretion, determines for their health, support, maintenance, welfare, and education. Any net income not so paid shall be accumulated and added to principal. (B) This trust shall terminate at the earlier of (i) the death of the last to die of Alexandra and her issue and (ii) the end of the period allowable to avoid violating the applicable rule against perpetuities, and the remaining principal shall be distributed to Alexandra's issue who are then living, per stirpes, or, if none, to the Grantor's then living issue, per stirpes. For this purpose, the measuring life shall be the survivor of the Grantor's issue living on the date of execution of this Agreement. (C) Notwithstanding any other provision of this Agreement, if the Trustee, in the Trustee's sole and uncontrolled judgment and discretion, determines that it is advisable to terminate the trust for any reason, the Trustee shall distribute the remaining trust principal to Alexandra or, if she is not then living, to such of her issue who are 4 2277M1I 14O-BOARD OFAPPEALS- then living, per stirpes. SIXTH: If any part of the Trust Property shall not be disposed of pursuant to the foregoing provisions, such property shall be distributed to COLUMBIA UNIVERSITY, New York, New York, to be used for the libraries. SEVENTH: (A) If any individual entitled to property hereunder has not attained the age of twenty-one (21) years at the time such person would otherwise be entitled to possession thereof, the same shall vest in him or her but the Trustee may, in the Trustee's sole and uncontrolled judgment and discretion, defer the distribution of any such property until such individual attains the age of twenty-one (21) years, and may hold, manage, invest and reinvest the same and may collect the rents, interest, dividends and other income therefrom and, after paying all proper charges thereon, may pay to or for the benefit of such individual so much or all of the such property or the net income therefrom as the Trustee, in the Trustee's sole and uncontrolled judgment and discretion, determines for the health, support, maintenance, welfare, and education of such individual, accumulating any income not so paid. The Trustee shall have, with respect to such property, all the powers, rights, and discretions granted under this Agreement, and shall be entitled to receive the same compensation as if acting as trustee. When such individual attains the age of twenty-one (21) years or sooner 5 ( RECEIVED SEP 2 7 2021 ZONING BOARD OF APPEALS dies or, in the sole and uncontrolled judgment and discretion of the Trustee, at any earlier date, the Trustee shall distribute such property and accumulated income, if any, to such individual or to his or her estate, as the case may be. It is the Grantor's intent to hereby confer powers in trust on the Trustee. (B) If, pursuant to any provision of this Agreement, including a provision granting a power in trust, the Trustee is authorized or directed to pay any income or principal to or for the benefit of any minor or other individual under a legal disability, the Trustee may pay such income or principal directly to or for the benefit of such individual or may, in the Trustee's sole and uncontrolled judgment and discretion, pay the same to a guardian, conservator, committee, custodian under a Uniform Gifts to Minors Act or Uniform Transfers to Minors Act, or other representative, appointed in any jurisdiction, or parent of such individual, or to a person with whom such individual resides, without seeing to the application thereof, and a receipt given by the guardian, conservator, committee, custodian, other representative, or parent of such individual, or the person with whom such individual resides, as the case may be, shall be a full discharge of the Trustee in regard thereto. For purposes of this Article, the term "minor" shall mean an individual under the age of twenty-one (21.) years® 6 ' RECEIVED SEP 2 7 2021 ZONING BOARD OF APPEALS EIGHTH. The Trustee, in the Trustee's sole discretion, shall have the power to divide the property in this trust, if it has an inclusion ratio, as defined in Section 2642 (a) (1) of the Code, of neither one (1) nor zero (0) , into two separate trusts representing two fractional shares of the property- being divided, one to have an inclusion ratio of one (1) and the other to have an inclusion ratio of zero (0) . If such division is made, the two separate trusts shall have terms identical to the trust that has been divided. NINTH: (A) In the event the Trustee, at any time prior to the death of a beneficiary hereunder, determines that the total estate tax and tax on generation-skipping transfers payable by reason of such beneficiary's death would be reduced by more than the increase in federal estate tax which would be payable if any portion (including all) of the principal of this trust were to be included in the beneficiary's gross estate for federal estate tax purposes, then the Trustee is hereby authorized, in the Trustee's sole discretion and regardless of whether such determination shall be correct, (a) to create a testamentary power of appointment in any such beneficiary in favor of the issue of the beneficiary and the creditors of the beneficiary's estate with respect to such portion, and (b) to divide the principal of the trust into two separate and fractional shares, one of which shall constitute said portion as if the beneficiary died immediately before 7 �SEP 2 � 7 2021 ZONING BOARD OF App�AL, such division and the other of which shall consist of the balance of said trust. Each such share shall be administered as a separate trust. (B) The power granted to the Trustee pursuant to paragraph " (A) " of this Article shall be exercised by a written instrument executed and dated by the Trustee, duly acknowledged, and delivered to the beneficiary and may subsequently be revoked by a written instrument so executed, dated, duly acknowledged, and delivered at any time prior to such beneficiary's death, in which case, unless subsequently reinstated, the provisions of this Agreement shall govern as if the Trustee had never exercised the power granted pursuant to paragraph " (A) " above to create said testamentary power of appointment. TENTH: ' If this trust is entitled to receive the capital stock of any corporation which has elected to be taxed pursuant to subchapter S of the Code, the Trustee is authorized to divide the trust property into two or more separate trusts for the purpose of qualifying any such separate trust as a shareholder of an S corporation, whether as a qualified subchapter S trust, as defined in Section 1361(d) (3) of the Code, or otherwise. Furthermore, under such circumstances,' the Trustee is authorized to reform this trust, or any separate trust created by division pursuant to the authority granted in the preceding sentence, to ensure that s RECEIVED SEP 2 7 2021 Z s4hKING BOARD OF APPEALS such trust qualifies or continues to qualify as a areholder of an S corporation; provided, however, that no such reformation shall adversely affect the interest of any income beneficiary of such trust. Notwithstanding any other provision in this Trust, if in any year the income beneficiary is required to include in gross income all or a portion of any capital gain realized by` the S corporation which is attributable to the shares held by the trust, if practicable, the Trustee shall distribute to the income beneficiary from principal, an amount which is equal to the total amount of the beneficiary's federal, state, and local taxes attributable to such capital gain. ELEVENTH: Notwithstanding any other provision of this Agreement, if any beneficiary of this trust becomes eligible for or receives any benefits or assistance of any federal, state, county,' city, or other governmental entity, this trust shall supplement and not supplant, impair, or diminish such governmental benefits or assistance. In that event, it is the Grantor's intent that this trust be deemed a supplemental needs trust. Consistent with such intent, it is the Grantor's desire that before paying any principal or income of this trust to or for the benefit of any beneficiary, the Trustee consider the availability of any such governmental benefits or assistance and that, where appropriate and to the extent possible, the Trustee endeavor to maximize the 9 RECEIVED il;s( SEP 2 7 2021 ZONING BOARD OF APPEAL collection of such governmental benefits and assistance and facilitate the payment of the same to or for the benefit of the beneficiary. (A) Subject to the provisions of paragraph " (B) " of this Article, no principal or income of this trust shall be paid in such a manner as to supplant, impair or diminish such governmental benefits or assistance. (B) The Trustee may pay principal and income to or for the benefit of such beneficiary for his or her food, clothing, shelter, or health care if, the Trustee determines that (i) the beneficiary's needs will be better met if any such payment is made, and (ii) it is in such beneficiary's best interests to suffer the consequent effect, if any, on such beneficiary's eligibility for or receipt of government benefits or assistance. (C) Notwithstanding the foregoing, if the mere existence of the Trustee's authority under paragraph " (B) " of this Article (regardless of whether such authority is exercised) results in the beneficiary's loss of such government benefits or assistance, said paragraph shall be void and the Trustee's authority to make payments of principal and income shall be limited as provided in paragraph " (A) " of this Article, without exception. (D) Such beneficiary shall have no power to assign, encumber, direct, distribute, or authorize 10 1 RECEIVED y�?L SEP 2 7 2021 ZONING BOARD OF APPEALS distributions from this trust. (E) The Grantor authorizes the Trustee, at any time and from time to time, to amend the provisions of this trust to the extent necessary to ensure that the existence of this trust shall not result in the beneficiary's loss of government benefits or assistance. TWELFTH: The Trustee shall have, with respect to all of the Trust Property, whether constituting principal or income thereof, all powers conferred by law on trustees and all powers expressed in this Agreement, except as may be otherwise limited herein, including the following: (A) To retain any such property as an investment without regard to the proportion such property or property of a similar character so held may bear to the entire amount of the trust in which such property is held. (B) To sell any such property at either public or private sale for cash or on credit; to exchange such property, and to grant options for the purchase thereof. (C) To invest and reinvest in any property, including, but not by way of limitation, bonds, notes, debentures, mortgages, certificates of deposit, common and preferred stocks, shares, or interests in investment trusts, warrants and options to purchase securities, and other appropriate financial instruments, without regard to the proportion any such investment or investments of a similar 11 ' 'RECEIVED SEP 2 7 2021 ZONING BOARD OF APPEALS character may bear to the entire amount of the trust for which such investment is made, or whether or not such investments are in new issues or in new or foreign enterprises. (D) To consent to and participate in any plan of reorganization, consolidation, merger, combination, or other similar plan, and to consent to any contract, lease, mortgage, purchase, sale, or other action by any corporation pursuant to such plan. (E) To deposit any such property with any protective, reorganization, or similar committee, to delegate discretionary power thereto, and to agree to pay, and to pay, part of the expenses and compensation of such committee and any assessments levied with respect to such property. (F) To exercise all conversion, subscription, voting, and other rights of whatsoever nature, pertaining to any such property, and to grant proxies, discretionary or otherwise, in respect thereof. (G) To borrow money, and to pledge or mortgage any such property, for any purpose. (H) In the division or distribution of this trust, or any part thereof, to make partition, division, or distribution of property in kind; and for any such purpose to determine the value of any such property. If the Trustee decides, in the Trustees sole and uncontrolled judgment and discretion, to make any distributions in kind, the Trustee 12 RECEIVED ` V SEP 2 7 2021 ZONING BOARD OF APPEALS shall not be required to take into account the adjusted basis for federal income tax purposes of any property. Furthermore, the Trustee shall not be required to make such distributions pro rata among the beneficiaries of this trust. The Trustee shall be fully protected in the exercise of the discretion granted under this paragraph, and all of the beneficiaries of this Agreement and this. trust shall be bound thereby. (I) To apportion extraordinary and stock dividends and other property received, and charges incurred, between income and principal, or to allocate the same wholly to principal or wholly to income, and any such apportionment or allocation shall constitute full protection to the Trustee with respect to any action taken or payments made in reliance thereon. (J) To cause any securities or other property to be registered and held at the risk of the Trustee in the name of a nominee, or in the Trustee's own name individually without the addition of any words indicating fiduciary capacity. (K) To appoint agents to act in the Trustee's behalf, and to delegate discretionary powers to such agents. (L) To collect and receive all monies and other property of whatsoever kind or nature due or owing or belonging to this trust, and to give full discharge and 13 RECEIVED SEP 2 7 2021 ZONING BOARD OF APPEALS acquittance therefor. (M) To extend the time of payment of any obligation at any time owing by or to this trust, and to compromise, settle, or submit to arbitration upon such terms as the Trustee deems advisable, or to release with or without consideration, any claim in favor of or against this trust. (N) To divide this trust into two or more separate trusts and to consolidate two or more trusts hereunder into a single trust; provided, however, that no trust which has an inclusion ratio of zero (0) shall be combined with a trust which has an inclusion ratio of other than zero (0) . (0) To do all such acts, take all such proceedings and exercise all such rights and privileges, a although not hereinbefore specifically mentioned, with relation to any such property as if the absolute owner thereof; and in connection therewith to make, execute and deliver any instruments and to enter into any covenants or agreements binding this trust. ' THIRTEENTH: Any decision of the Trustee with respect to the exercise or non-exercise of any discretionary power hereunder or of the time of exercise thereof, made in good faith, shall fully protect the Trustee and shall be binding and conclusive upon all persons interested in the Trust Property. 14 DECEIVED g('a SEP 27 2021 ZONING BOARD OF APPEALS FOURTEENTH: The Trustee is excused from the duty to render to any court annual or other periodic accounts, whether required by statute or otherwise. The Trustee shall take such action for the settlement or approval of accounts at such times and before such courts or without court proceedings as the Trustee in his or her discretion determines. The Trustee shall pay the costs and expenses of any such action or proceeding, including but not limited to the compensation and expenses of attorneys and guardians, out of principal or income or both as the Trustee in his or her discretion determines. FIFTEENTH: (A) JOLYON F. STERN shall have the right to appoint another individual to act as co-Trustee. (B) In the event of the death, failure to qualify, incapacity, resignation or refusal to act of Jolyon F. Stern, JAY J. HOCHFELSEN and PARVIZ NAF SSIAN shall be (,--e-1p l�.ee e) ee el"Cep Trustees in his place. (C) MICHAEL S. WURMPELD is appointed as Protector hereunder and is authorized to remove a Trustee hereunder (other than Jolyon F. Stern) , in his sole and absolute discretion, and, subject to the provisions of Paragraph (B) of this Article, designate a successor Trustee. (D) Subject to the provisions of Paragraph (C) of this Article, the last individual acting as Trustee shall appoint an individual to act as successor 15 PECEIVFD I— - • - -! `- ��Com' SEP 2 7 202 ZONING 60ARD 01 APPEALS Trustee. If at any time for any reason there is no Trustee hereunder and no appointment has been made pursuant to the preceding sentence, the firm of Goodkind Labaton Rudoff & Sucharow LLP, or its successor, may appoint an individual to act as successor Trustee, as the case may be. (E) Any appointment shall be by a duly acknowledged instrument in writing delivered to the appointee. (F) Notwithstanding any other provision of this Agreement, no Trustee who is a beneficiary of this trust or who is obligated to support a beneficiary of this trust shall participate in: (i) the exercise of, or decision not to exercise, any discretion over payments, distributions, applications, uses or accumulations of income or principal by the Trustee, (ii) the exercise of discretion to allocate receipts or expenses between principal and income, (iii) the removal of any Trustee or (iv) the exercise of any general power of appointment described under Sections 2041 or 2514 of the Code. SIXTEENTH: No bond or undertaking shall be required of any of the individuals named herein or designated as provided above in any place or jurisdiction for the faithful performance of his or her duties as Trustee under this Agreement. SEVENTEENTH: Any individual Trustee may resign at any time without court approval by a duly acknowledged instrument 16 i RECEIVED SEP 2 7 2021 ZONING BOARD OF AOPEALS in writing delivered to his or her co-Trustee or, if none, to the successor Trustee named herein or appointed as provided hereunder. EIGHTEENTH: The terms "Trustee" and "Trustees", whenever employed in this Agreement, shall mean any Trustee or Trustees named herein or appointed as provided hereunder, or such of them as shall qualify, and, generally, any person or persons at any time performing the duties of Trustee hereunder. NINETEENTH: The interest of any beneficiary hereunder, either as to income or principal, shall not be anticipated, alienated, or in any other manner assigned, pledged, or promised by such beneficiary and shall not be reached by or be subject to any legal, equitable or other process, including any bankruptcy proceedings, or be subject to the interference or control of creditors or others in any way or manner. TWENTIETH: If, in any proceeding in which all persons interested in this trust are required to be served with process and any party to such proceeding is a person under a disability, service of process in such proceeding shall not be required upon such person under a disability if there is another person, not under a disability, who is a party to the proceeding and who has the same interest as the person under a disability. TWENTY-FIRST: This Agreement shall be governed and 17 RECEIVED � j SEP 2 7 2021 7.®NING BOARD OF APPEALS construed in accordance with the laws of the State of New York applicable to agreements negotiated, executed, and to be wholly performed within such State. TWENTY-SECOND: The Trust created under this Agreement shall be known as "THE ALEXANDRA FOX STERN 1997 TRUST". IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. JVIR IAF. STERN, Grantor ON F ERN, Trustee 18 RECEIVED (SEP 2 7 2021 STATE OF NEW YORK ) ZONING BOARD OF APPEALS :ss. . COUNTY OF NEW YORK) On the 2q day of Eepk'w "e , 1997, before me personally came VIRGINIA F. STERN, to me known and known to me to be the individual described in and who executed the foregoing instrument and she duly acknowledged to me that she executed the same. Notary Public AWN N"y StRUDER ��ya* mm +OMMW i Jean�� Com -"0' eery 51,1Me STATE OF NEW YORK ) :ss. . COUNTY OF NEW YORK) On the 2-9 day of Sef4ew�4-c 1997, before me personally came JOLYON F. STERN, to me known and known to me to be the individual described in and who executed the foregoing instrument and he duly acknowledged to me that he executed the same. a6"�t-t 4dX1- Notary Public APIINEf�l DER No.=-7mgeNe�vlbrh can, "res �,31,l � / RECEIVED (SEP 2 7 2021 SCHEDULE A ZONING BOARD OF APPEALS The sum of One Hundred ($100) Dollars. 139120.1 09/28/9716:56 20 1 I BOARD MEMBERS QF so Uj Southold Town Hall Leslie Kanes Weisman,Chairperson ®�� y®1 53095 Main Road•P.O. Box 1179 ® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes c/� �c Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ® a0 54375 Main Road(at Youngs Avenue) Nicholas Planamento liYCow Southold,NY 11971 http://southoldtownny.gov DECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 2021 Tel.(631)765-1809-Fax(631)765-9064 SEP � ZONING BOARS OF APPEPt-S RECEIVED FINDINGS,DELIBERATIONS AND DETERMINATION "� ' pin MEETING OF APRIL 19,2018 A R 2 4 2018 &-14.� Q. n ZBA FILE# 7151 S thold Town Clerk NAME OF APPLICANT: Timothy and Georgia Quinn PROPERTY LOCATION: 63165 North Road (SC Route 48) Greenport, SCTM No. 1000-40-1-14 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 January 16, 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 March 22, 2018. Based upon the information provided on the LWRP Consistency Assessment Form as well as the records available, it is the recommendation of the coordinator that the proposed action is CONSISTENT, based upon the assessment that proposed additions and alterations to subject dwelling would result in no additional ground disturbance or further encroachment farther seaward (on) grade than the existing structures.No additional lot coverage is proposed. SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT: This application was referred for an evaluation and recommendation. According to the information provided in a letter dated April 4, 2018, and following an inspection conducted on April 3, 2018, the agency evaluated that no resource concerns were apparent at the time of inspection. The agency commented that the bluff was found in fairly stable condition with dense overgrown vegetation cover and recommended that heavy machinery, equipment or supplies be stored or used a minimum of a 25 feet setback from the bluff top edge. It was further recommended that proper gutters and leaders and downspouts be outfitted on rooftops to compensate for runoff, and stormwater runoff should not discharge onto the ground surface; downspouts should be connected drywell. PROPERTY FACTSIDESCRIPTION: The subject parcel is improved with a one and two story frame house and garage, a wood deck and an in-ground swimming pool. The total land area measures 115,389 sq. ft. (2.649 acres) and measures 167.13 as it fronts County Road 48 along the southerly property line, measures 174.38 feet on the REC IVED Page 2,April 19,2018 #7151,Quinn SCTM No 1000-40-1-14 SEP 2 7 2021 .ZONING BOARD OF APPEALS Long Island Sound along the northerly property line, measures 680.71 along the westerly property line and 727.51 along the easterly property line. All as shown on survey prepared by Nathan Taft Corwin, III, L.$., last revised October 20, 2016. BASIS OF APPLICATION- Request for a Variance from Article XXIII, Section 280-116 and the Building Inspector's December 5, 2017, Amended January 8, 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 100 feet from the top of the bluff; located at: 63165 County Route 48, (Adj. to the Long Island Sound) Greenport,NY. SCTM#1000-40-1-14. RELIEF REQUESTED: The applicant proposes a series of alterations and additions to a single family dwelling which include the construction of new roofs over second floor additions, a trellis and first and second floor decks, at a bluff setback of 65.25 feet where the code requires a minimum of 100 feet. All additions are within the existing footprint and do not result in further ground disturbance. ADDITIONAL INFORMATION: During the public hearing, the Board requested that the applicant's representative consult with the Building Department to determine whether the height of the existing fencing surrounding the property complies with the Town Code. It was agreed that any non-conforming fencing will either be removed-or will require the submission of a new application to the Zoning Board of Appeals for variance relief. On April 11, 2018, the Board received a letter from the applicant's agent, Meryl Kramer, Architect, confirming her discussion with the Building Department and stating that the applicant/owner will submit drawings for new fencing and/or a gate as part of the building permit process for the house renovations•and will apply for variance relief as deemed required by the Building Department at that time. On February 3, 2005, File 5644,*the prior owner of the subject parcel was granted a variance(alternative relief) for a rear deck to be located no less than 64 feet from the top of bluff. On February 19, 2015, the applicant received variance relief for a swimming pool located in the side yard with a distance of no less than 64 feet from the top of the bluff. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 5,2018 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 $267-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 proposed alterations are limited to the existing structural footprint; therefore, there is no change to the existing bluff setbacks. The renovated dwelling will remain consistent with the neighborhood character of surrounding development since dwellings are typically located closer to the bluff than 100 feet. 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 home has a bluff setback of 64 feet and the proposed second story additions will sit over the non-conforming first story footprint. Therefore additional variance relief for the proposed vertical additions is required. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 65%relief from the code. However, the substantiality is mitigated by the fact that he proposed trellis and second floor RECEIVED Page 3,April 19,2018 #7151, Quinn SEP 2 7 2021 SCTM No 100Q-40-1-14 ZONING BOARD OF APPEALS additions will be landward and thus farther back from the bluff than the existing first story deck and swimming pool which received prior variance relief 4. Town Law 6267-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. According to agency comments, no risks to the bluff and the surrounding environmentally sensitive area is anticipated. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and incorporate r the recommendations by the Suffolk County SWCD in their letter of April 4, 2018. 5. Town Law 6267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and the bluff status was 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 6267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations on their home while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Planamento, and duly carried,to: GRANT the variances as applied for, as shown on site plan (page A-001) prepared by Meryl Kramer, Architect, last revised December 22, 2017 and the architectural drawings by Meryl Kamer, Architect labeled A-101 —A-103 and A -200—A 201 SUBJECT TO THE FOLLOWING CONDITIONS: 1) During construction, no heavy machinery, equipment, or supplies may be stored or used at less than a minimum of 25 feet from the bluff top edge. 2) The applicant shall install proper gutters, leaders and down spouts to compensate for rooftop runoff. Stormwater runoff should not discharge onto the ground surface and downspouts should be connected to drywells, all as suggested by the Suffolk County SWCD and mandated by the Town's Stormwater Management Code, 3) Any non-conforming fencing on the subject property must be removed or the applicant must obtain a Notice of Disapproval from the Building Department and apply for variance relief. . 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 apossible 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. Page 4, April 19,2018 #7I51, Quinn SCTM No. 1000-40-1-14 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 leen 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), Goehringer, Dantes, Acampora, and Planament9. This Resolution was duly adopted (5-0). RECEIVED BSEP 272021 Leslie Kanes Weisman BOARD APpEq Chairperson RD OF LS Approved for filing /)3 /2017 i BOARD MEMBERS o f SO�j Southold Town Hall Leslie Kanes Weisman,Chairperson �� y® 53095 Main Road•P.O.Box 1179 �O !� Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning �� �O 54375 Main Road(at Youngs Avenue) Kenneth Schneider COU01 Southold,NY 11971 http://southoldtown.northfork.net /RECEIVE D ZONING BOARD OF APPEALS C(,4't� TOWN OF SOUTHOLD �u15 Tel.(631)765-1509•Fax(631)765-9064 uthold Town Clerk RECEIVED FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 19,2015 l SEP 2 7 2021 ZBA FILE 46833 NAME OF APPLICANT: Timothy and Georgia Quinn SCTM#1000-40-1-14 ZONING BOARD OF APPEALS PROPERTY LOCATION: 63165 County Route 48 (aka North Road)(adj. to Long Island Sound)Greenport,NY 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 January 8, 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 LWR.P Coordinator issued a recommendation dated January 23, 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. The LWRP report notes that the prior ZBA variance for this property Appeal No. 5644 gave variance relief for the applicant to construct an open air deck 64 feet from the top of the bluff. The as-built deck is set back 61.8 feet from the top of the bluff. The agent for the applicant stated she was the original architect from the 2005 prior variance and there was an error in the noted setback on the approved drawing. However, the as built deck is consistent with the Architectural drawings stamped in ZBA decision No. 5644 and is therefore consistent with the LWRP. PROPERTY,FACTS/DESCRIPTION• The property is a conforming 115,389 square foot waterfront parcel, with approximately 22,050 sq. ft. of unbuildable area, located in an R-80 zone. The subject property has 167.13 feet of frontage on North Road(C.R. 48), 680.71 feet on the West property line, 174.38 feet along Long Island Sound and 727.51 feet on the East property line. The parcel is improved with a 1 &2 story frame house with attached garage and an accessory frame shed. There is also a wood staircase with landing which leads to the beach. The as-built wood deck is set back+/- 61 feet from the bluff. All is shown on a survey by Nathan Taft Corwin III L.L.S. dated May 17, 2004 and lasted updated October 21, 2014. BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15 and Article XXII Code Section 280-116 and the Building Inspector's November 12, 2014 Notice of Disapproval based on an application for building permit for accessory in-ground swimming pool, at 1) location other than code required rear yard, 2) less than code required 100 foot setback from top of bluff. RECE,IVVE�D., Page 2 of 3—February 19,2015 ZBA#i6833—Quinn SEP 2 7 2021 SCTM#i1000-40-1-14 ZONING BOARD OF APPEALS RELIEF REQUESTED: The applicant requests variances to construct an in ground swimming pool in the side yard where the code requires accessory structures to be located in the required rear yard or in the case of waterfront property the accessory may be located in the front yard provided it meets the front yard principal setback, and a 64 feet setback from the top of the bluff where the code requires all buildings and structures to be set back not fewer than 100 feet from the top of bluff. ADDITIONAL INFORMATION: During the hearing the applicant testified that the plans referenced in ZBA decision No. 5644 and the plans stamped by the ZBA and sent over to the building department showed the then proposed deck at 64 feet from the bluff. Therefore the ZBA decision No. 5644 gave variance relief to construct an open-air deck with a bluff set back of 64 feet. The plans in ZBA file No. 5644 show the deck with a bluff set back of 64 feet. It appears the setback to the proposed deck was taken from a different location on the top of bluff which may have caused the discrepancy or as stated by the agent it was a clerical error on their site plan at the time. At the hearing the applicant proposed to add landscape screening in the area of the proposed pool on the West side of the property. At the hearing an agent for the adjoining neighbor to the west asked that the Zoning Board consider conditions to mitigate any possible adverse impacts, specifically enclosing pool pump equipment in a sound deadening structure and adding landscape screening both of which are proposed by the applicant. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 5, 2014 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The area consists of single family homes many of which are set back less than 100 feet from the top of the bluff. The pool is being built into an as-built deck. The existing bluff set back is not changing. The proposed construction has a conforming side yard setback, front yard setback, and buildable lot coverage. 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 ZBA has previously granted the applicant's parcel variance relief to construct a deck 64 feet from the bluff. The proposed pool is proposed at a setback of 64 feet from the existing bluff. Any changes to the as built deck will require variance relief. Further a pool in the code conforming front yard location would be difficult to position given the steep drop off of the existing grading. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 39% relief from the code. The variance for the side yard location is mathematically substantial, representing 100% relief from the code. However, the pool is not visible from the road and will be buffered from the neighbor's property by landscaping. 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 and install a drywell for pool de-watering. 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. � f Page 3 of 3-February 19,2015 - - ZBA#6833-Quinn SCTM#1000-40-1-14 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an in-ground swimming pool 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 Schneider, and duly carried, to GRANT, the variances as applied for, and shown on the Architectural drawings prepared by Jane Mary Stageberg, Architect, labeled A-100, A-200, and A-300 dated December 18, 2014 and the landscape plan dated Nov. 2014 prepared by Plantings by the Sea, Inc. CONDITIONS: 1. Evergreen screening from the adjacent neighbor's property to the west. 2. Pool mechanicals shall be placed in a sound deadening enclosure. 3. Drywell for pool de-watering shall be installed. 4. That the pool and existing water side decks shall remain open to the sky. 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 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 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 snap 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), Schneider, Dantes. (Absent was. Members Horning and Goehrin This Resolution was duly adopted(3-0). RECEIVED I sE Leslie Kanes Weisman, Chairperson P Approved for filing /�� /2015 ZoNI/VG BOARD OFApp FACS APPEALS BOARD MEMBERS ��0f Sovj�o Southold Town Hall Ruth D. Oliva,Chairwoman 53095 Main Road-P.O. Box ,1179 Gerard P. Goehringer Southold,NY 11971-0959 Vincent Orlando G Office Location: James Dinizio,Jr. • �O Town Annex/First Floor,North Fork Bank Michael A. Simon �!'�COVa ` 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net RECEIVED �G BOARD OF APPEALS -9 1'/5r," TOWN OF SOUTHOLD Q� Tel.(631)765-1809-Fax(631)765-9064 FEB j // t6v FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 3, 2005 Soat'+o!d Town Clerk ZB Ref. 5644 - MARK and ELLIE GORDON Property Location: 63165 C.R. 48 a/k/a North Road (or Middle Road), Greenport; CTM 40-1-14. 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 11 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' 115,389.41 sq, ft. parcel has 167.13 feet along the North Road (C.R. 48), lot depth of 680.71 feet along the west side line, and 112.69 feet along the Long Island Sound. The property is improved with a single-family dwelling and accessory storage shed as shown on the May 17, 2004 survey prepared by Joseph A. Ingegno, L.S., amended October 3, 2004. BASIS OF APPLICATION: Building Department's November 5, 2004 Notice of Disapproval, citing Section 100-239.4A.1 in its denial of a building permit to construct a proposed swimming pool with decks and upper level porch, with setbacks at less than 100 feet from top of LI Sound bluff. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 20, 2004 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: ORIGINAL REQUEST FOR RELIEF: The applicant's original application described proposed new construction (swimming pool and decks) at 36'8" from the top of the bluff at its closest point, as shown on the 9/22104 plan, revised 10/6/04, by Bade Stageberg Cox Architects. ADDITIONAL INFORMATION:AMENDED RELIEF: The applicant was requested, during technical reviews prior to the hearing, to submit alternatives to increase the setbacks for a possible alternative plan that would be more conforming to the code's requirement of 100 feet from the top of the bluff. During the January 20, 2005 public hearing, the applicant submitted an altemative plan dated 1/27/05 prepared by Bade Stageberg Cox, Architects, for a proposed wood deck at a minimum of 64 feet from the top of the bluff, removing the proposal for a swimming pool from the plan, and for an extension at the second floor of the existing balcony. RECEIVED 19S Rep SEP 2 7 2021 ZONING BOARD OF APPEALS . Pa$e 2—February 3,2005 i C ZB Ref. 5644—M. and E Gordo CTM ID: 44-1-14 RECEIVED SEP ��1 272021 ZOIVI/VG BOARD 01'App6 A! REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative variance relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant increased the setback with an alternative plan, reducing the size of the deck and removing the swimming pool from the proposal. The new alternative deck measuring 20 ft. by 31.7 feet, plus 7'6"deep deck, and 2'6" stairs, by 56+- lin. ft., resulting in a set back not closer than 64 feet to the top of the bluff, as noted on the 1-27-05 site plan prepared by Bade Stageberg Cox, Architects. The structure is designed as a deck, open to the sky. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. The home was built prior to the enactment of the 100 ft. minimum bluff setback, and exists at 71 feet from the top of the bluff. Any expansion would increase the degree of nonconformance and would require variance relief. 3. The requested area variance is substantial and represents a 36% reduction from the current code requirement for a minimum of 100 feet, allowing a setback at not less than 64 feet. 4. The difficulty was self-created when the applicant planned construction with a design that, in part, does not conform to Code Section 100-239.4A. 5. No evidence has been submitted to suggest that the alternative relief will have an adverse impact on the physical or environmental condition in the neighborhood. RESOLUTION/ACTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Simon, to DENY the original variance as requested, and to GRANT ALTERNATIVE RELIEF as shown on the alternative plan dated 1/27/05 prepared by Bade Stageberg Cox, Architects, SUBJECT TO THE CONDITION that the deck shall be open to the sky. 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 Oliva (Chairwoman), Orlando, Dinizio, and Simon. Absent was Member Goehringer. This Resolution w4s duly ad ted - Ruth D. O iva, Chairwoman 2/'� /05 Approved for Filing EN-CONSULTANTS September 21,2021 R'EcavBa Southold Town Zoning Board of Appeals SEP 2 7 2021 Town Hall ZONING BOARD OFgpp 53095 Main Road ALS P.O. Box 1179 Southold,NY 11971 Attn.: Elizabeth Sakarellos Re: The Alexandra Fox Stern 1997 Trust 63165 North Road(CR 48), Greenport SCTM#1000-40-1-14 Dear Ms. Sakarellos: As per our discussion in regard to our recently filed application for the above referenced property, attached are ten(10) sets of the prior decisions; ZBA File#7151,ZBA-File#6833 and ZBA File#5644. Should any additional information be required,please do not hesitate to contact our office. Sinc rely, Kim Stephens Enc. 1319 North Sea Road Southampton,New York 11968 p 631.283.6360 f 631.283.6136 www.enconsuItants.com environmental consulting I I i { t pEjrC�EYVED SEP 2 2 2021 7.0R4IMC BOARD F APPEAL ' I I I I I I I I 1 i i STIRLIIN I Sp0N0 Dft I I j c�y9y 9 Q 5 I { Inlet Ft \ tN�Et c PQN �oN j 5uffdk County Halstrcm Map#50 �ro,ra I PON fm+ II 1, -+2,0001 � N I \\ Inle[Polnt`\ o�yWAStuNGto,(3 \County Park •� �W��°� ��y `t�44 5r Py--'���, `,'EPB.•;I 51te C Access Via \ �+ Lake v ' r s Subject Property) 48 y S,� 'i j�.- R E I f � I fr` Tun �., 1,f ADISONs f \ t} STj 1 a° WRIF 1Y,3 Trader Greenport ouc — —- ---- Park m ° HS O g !I 1'{ % i ROA Te h N 1 �' �w 4 �'�/••�i`��? 5TH s \c ✓ �tN is sr FU' r LINN ' ' ST L ' Bfl 1 /! BROWN / L 48 q GREEiNPORT WEST 25 1 / SttOPEyams Noy I'�+ f i'71:c's' Cove °Gr! 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J RECEIVED Board of Zoning Appeals Application SEP 2 2 202 AUTHORIZATION ZONING BOARD OF APPEAL (Where the Applicant is not the Owner) j�Jolyon F.Stern,Trustee,The Alexandra Fox Stem Trust residing at 130 E.67th St.,Apt.61) (Print property owner's name) (Mailing Address) New York,NY 10065 do hereby authorize (Agent) En-Consultants to apply for variance(s)on my behalf from the Southold Zo ' g Board of Appeals. (O er's Signature) Jolyon F.Stem,Trustee,The Alexandra Fox Stem Trust (Print Owner's Name) ROGER A.KLUGE Notary Public,State of New York Reg.No.01 KL4684289 Qualified in New York County Commission Expires July 31,2022 RECEIVED g APPLICANT/OWNER SEP 2 2 2021 TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS 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. Jolyon F.Stern,Trustee YOUR NAME. The Alexandra Fox Stem Trust •(Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.H so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant(agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP ROGER A.KLUGE Notary Public,State of New York Submitted t ay o 20 Reg.No.OIKL4684289 Qualified in New Jul YCounty Signature � Commission Expires July 31,2022 Print Name Jolyon F.Stem,Trustee,The Alexandra Fox Stem Trust dl� l - AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emplovees 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: Herrmann, Robert E. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) RECEIVED TYPE OF APPLICATION: (Check all that apply) J U4:9 Tax grievance Building Permit 1 J �} 5� Variance XXX Trustee Permit I SEP 2 2 2021 Change of Zone Coastal Erosion Approval of Plat Mooring ZONING BOARD OF APPEALS Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRII'TION OF RELATIONSHIP Submitted this 2nd day of September 20 21 Signature Print Name Robert E.p,errmann Y Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1, All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to'supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION RECEIVED ,J� SCTM# 40 - 1 _ 14 7? SEP 2 2 2021 PROJECT NAME The Alexandra Fox Stem 1997 Trust ZONING F APPEALS The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ® Board of Trustees ❑ 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: Construct a 2-story,single family dwelling with attached garage in place of existing 1,686 sf, 1 &2-story dwelling and 43 sf and 134 sf porches(existing dwelling foundation to remain,with structural reinforcement provided if/as needed;new foundation to be provided for portion of new dwelling constructed in place of existing porches);remove existing 89 sf and 169 sf 2nd floor decks,and resurface existing 1,184 sf deck to remain;construct 427 sf deck addition to landward side of existing deck(more than 100 feet from top of bluff), with 6.3'x 14'stairway to grade and 14'x 20.5'pergola above;remove existing 294 sf masonry patio,and construct 299 sf porch addition on landward side of reconstructed dwelling with 8'x 10'entry stair;remove existing septic system and install new UA sanitary system,utilizing approximately 77 cy of ratable soil to replace existing subsoils(more than 100 feet from top of bluff);and install a stormwater drainage system,all as depicted on the site plan prepared by Jeffrey T.Butler,P.E.,P.C.,dated April 12,2021,last revised August 4,2021. i J Location of action:63165 Main Road(CR 48)Greenport tCENED Site acreage: 115,389 sf ( ' Present land use: Residential,one and two-story,single family'dwelling SEP 2 2 2021 I1VG BOARD OF APP�� Present zoning classification:R-80 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:The Alexandra Fox Stern 1997 Trust (b) Mailing address: c/o 7olyon F. Stern,Trustee 130 East 67th Street,Apt. 6D,New York,NY 10065 (c) Telephone number: Area Code 917-669-6063 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No® If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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. RI Yes ❑ No ® Not Applicable 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 RECEIVED RFP 2 2 9Q21 Attach additional sheets if necessary ZONING BOARD Or APPEALS- Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ❑Yes 1:1No ® Not Applicable 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 The proposed construction will not change the position of the existing development relative to the bluff or tidal waters of Long Island Sound,and there will therefore be no diminishment to the existing bluff or wetland setbacks. And although the project will result in a 468 sf net increase to lot coverage,it will result in a net decrease to lot coverage within 100 feet of the bluff as a result of the removal of 258 sf of existing second floor decks. The dwelling will remain located entirely outside the Coastal Erosion Hazard Area and well more than 100 feet from surface waters. And the bluff,which is the natural protective feature for the property,is well vegetated and stable; and there is no evidence that the existing dwelling structure has had any adverse effects on the integrity of the bluff. The project is therefore consistent with Policy 4. 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 A stormwater drainage system is proposed to capture and recharge roof runoff;and the existing septic system will be replaced with a new I/A sanitary system located more than 200 feet from the surface waters of Long Island Sound,thus protecting and providing a potential improvement to the quality of groundwater and surface waters,consistent with Policy 5. 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 • The proposed construction,which will remain locatediely outside the Coastal Erosion Hazard Area and well Are .100 feet from surface waters,will not change the position of the existing development relative to the bluff or tidal waters of Long Island Sound and thus cause no diminishment to the existing bluff or wetland setbacks. The project will result in a net decrease to lot coverage within 100 feet of the bluff,which is well vegetated and stable,and there is no evidence that the existing dwelling structure has had any adverse effects on the integrity of the bluff. A stormwater drainage system is proposed to capture and recharge roof runoff,and the existing septic system will be replaced with a new UA sanitary system located more than 200 feet from the surface waters of Long Island Sound,thus protecting and providing a potential improvement to the quality of groundwater and surface waters As these design features and mitigation meaures are designed to protect and restore the quality and function of the surrounding bluff and shoreline ecosystem,the project is consistent with Policy 6 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 SEP 2 2 2021 ZONING BOARD Uf-APVI:A[S- 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 PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's watL= —ependent uses and promote siting .,. new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable R IEP 20 ,7aNING BOARD OF `" 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 M Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ElYes ElNo ® Not Applicable 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 PREPARED BY TITLECoastal Management Specialist DATESept.2,2021 Robert E.HerM4dn Amended on 8/1/05 r THE ALEXANDRA FOX STERN 1997 TRUST,63165 NORTH ROAD(CR 48),GREE"ORT a � 1.63165 N -. .fit: rjr .,00gle Earth 400 1 Figure 1. Aerial image of subject property and surrounding developed shoreline community in April 2021. Photo by Google Earth. RECEIVED . r _ SEP 2 2 2021 ° 4 �~ ONING BOARD OF APPE z�- v T j r Vi Figure 2. Looking southwest along the top of bluff and toward existing dwelling to be reconstructed with second story expansion. THE ALEXANDRA FOX STERN 1997 TRUST,63165 NORTH ROAD (CR 48),GREENPORT TM. ,s ins v ?1 - Figure 3. Looking southeast at existing dwelling to be reconstructed with second story expansion; and at existing pool and deck to remain with deck addition on landward side of house(right). RECEIVED r SEP 22 2021 .` ZONING BOARD OF APPEALC it ♦ #� � i 7 Figure 4. Looking north at south/landward side of dwelling to be reconstructed with second story expansion;at locations of proposed deck(left)and porch additions(center);and at location of proposed I/A sanitary system(right). 5 CkAk EN-CONSULTANTS September 21,2021 Southold Town Zoning Board of Appeals RECEIVED Town Hall 53095 Main Road P.O. Box 1179 SEP 2 2 2021 Southold, Fent 971 ZONING BOARD OF4ppEA� Re: The Alexandra Fox Stern 1997 Trust 63165 North Road(CR 48), Greenport SCTM#1000-40-1-14 Dear Ms.Fuentes: Enclosed for review are ten(10) separate sets of the following for your review: 1. Notice of Disapproval dated August 16, 2021. 2. Office Check List. 3. Zoning Board of Appeals application including; a. Reasons for Appeal(3 page addendum), b. Applicant's Project Description, c. Questionnaire, d. Certificate of Occupancy#'s Z-25284,Z-30143, Z-32190, 38502, &38618, e. Agricultural Data Statement(project description attached), f. Short Environmental Assessment Form, g. Owner's Consent, I Applicant&Agent Transactional Disclosure Forms, and 4. LWRP Consistency Assessment Form. 5. Site Photographs. 6. Survey prepared by Nathan Taft Corwin III Land Surveyor, last dated October 20,2016. 7. Site plan prepared by Jeffrey T.Butler,P.E.,P.C., last dated August 4,2021. 8. Elevation plan prepared by DesignSmiths Architecture, last dated August 3, 2021. 9. Floor plans, including foundation plan,prepared by DesignSmiths Architecture, dated August 3,2021. 10. "Site comparison:Fox Stern Trust(2021)vs. Quinn(Case No. 1151,2018),prepared by DesignSmiths Architecture, dated August 3,2021." 11. Town property card. 12. Application fee of$500. 1 hope this information shall allow you to process our request. Should any additional information be required, please do not hesitate to contact our office. Sin er ly, • Robert .Herrmann Coastal Management Specialist /khs —t R6. 1319 North Sea Road I Southampton,New York 11968 p 631.283.6360 f 631.283.6136 www.enconsultants com environmental consulting 7vf py P�61 D CARD TOWN OF SOUTHOLD STREET �F_c k 'IE I VILLAGE SUB. LOT RIJ/,�q)a- FOP O�NrERJ 61PV P?0? N E ACR. tq,_�6(A L w TYPE BUILDING S FARM SEAS. VL. COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMA, RK S 1�lfl6l�_S61V rlZ"6-1 11z, 4 0_e:j-c,-j .76 ilk el& r-,Lxt::-d I ,sn4,A& q 113 oll, --� - , " A ,a (f , 6,.,c o� 7, ed Yl--7 74-1 -7 �_b 0 Y66 O/IfU 7,7. A ;E 4)5 DING CONDITqN 'i L /117 C, -fzp NfW S7 �MOA V-4x�4, 4/— 1 3 z,-7 -7 j%Fir� Jit 1�oro Nd 1 00, FARM Ac re Va"I u e-P e r "VOILIS f _�,c r,.e r�llc;ajos M4,- EOU3 )n+uio( cu I M,-, L/ _tl -6 66m 7_. /2_P_-/5 � r i I I ci b—I 2,13 6,,2 23 ov 4) oa I'm 12,),7 0 07 4f�'T', A�f q Fi,llablp_7i,,,,, 9CIOD 5, g a 0 —f /3, 0,3 70 ? — 1,Z) (,2-n G illat C) 0 (0 2_1(9 171911&- 4?PRL Z�d 9,2 9 11:7 Voodland ve) ;wompland FRONTAGE ON WATER eo Z60 k,r- ca FRONTAGE ON ROAD ;ru�hlancl 0 -0 -m m 56 n iouse Plot 10 m DEPTH 5: > BULKHEAD ,ota I En DOCK 5 1 Z)%�k(:;-L 1, o T;�- 0 Do 4-4. s }} — . 1 ; HMON ■ ■z'Ir ■ ■■ mom■■■■■■■■■■■mono MOE NOSE 0 ■■MMM■■■ n■om■■■ ■■ JYU- ■■MISSE NOON ■ ■ ®■MI■ EMSE BENM MMMMEN 0100111 ZMMRINEMMEN M MN M on NNEW El NNE ■■■M ■ N NMMMM■1 ONE NONE MENEM al No No Rooms I st Floor ;Recreation Room Rooms 2nd Flo p Dormer e Driveway • ELIZABETH A.NEVILLE,MMC h� oGy Town Hall,53095 Main Road TOWN CLERKp P.O.Box 1179 y Z Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS S • .�C Fax(631)765-6145 MARRIAGE OFFICER �� Q Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �j �►� FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: September 24, 2021 RE: Zoning Appeal No. 7586 Transmitted herewith is Zoning Appeals No. 7586 En-Consultants for The Alexandra Fox Stern 1997 Trust: Notice(s) of Disapproval The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire Correspondence- �Certificate(s) of Occupancy Building Permit(s) Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, etc.) Misc. Paperwork- Copy of Deed(s) `Findings, Deliberations and Determination Meeting(s) Agricultural Data Statement Short Environmental Assessment Form Board of Zoning Appeals Application Authorization Action of the Board of Appeals _Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) LWRP Consistency Assessment Form Photos Property Record Card(s) �.,�survey/SiteMaps- S. 1k C�. ..� � *-90 Plan Drawings `Town of Southold P.O Box 1179 L Southold, NY 11971 * * * RECEIPT * * * Date: 09/24/21 Receipt#: 287198 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7586 $50000 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#8311 $500.00 En-Consultants Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Stern, Jolyon The Alexandra Fox Stern 1997 Trust 130 East 67th St Apt 6 D New York, NY 10065 Clerk ID: JENNIFER Internal ID•7586 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE : September 23, 2021 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP En-Consultants for : 7586 The Alexandra Fox 8311 $500.0 RECEIVED Stern 1997 Trust Southold Town Clerk TOTAL $500.00 Sent via Inter-Office to Town Clerk by: ES Thank you. 3a _1_� EN-CONSULTANTS ; e 1319 NORTH-SEA ROAD-PH.(631)283-6360 50-666/214 SOUTHAMPTON,NY 11968- - , DATE - PAY - — _ J _ -500.00- TO THE s _ ORDER OF T^• ,- - =----.----=--- --=---— — ---- -- - -00/100 -------------- - ------------- LLA RS- Five Hundred-----------------------'------------- 'Bank FOR c25e096e-81ba-4678-865f-00123eac0549 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS �{ THURSDAY,JANUARY 6,2022 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, JANUARY 6,2022: 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:Hsoutholdtownny.gov/agendacenter, Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtoWnny.gov/calendar,aspx. 10:00 A.M.-NICHOLAS AND ASP"ASIA CONSTANTINE#7567—Request for Variances from Article XXIII, Section 280-124;and the Building Inspector's July 23,2021 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and to construct a new single family dwelling; at 1) located less than the code required minimum side yard setback of 10 feet on each side; 2) located less-than the code required minimum combined side yard setback of 25 feet; located at: 275 Miriam Road, Mattituck, NY. SCTM No. 1000-99-1-28. 10:10 A.M.-FRANK AND CHRISTINE MANGANO#7574—Request for a Variance from Article XXIII, Section 280-124,and the Building Inspector's August 13, 2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling;at 1) more than the code permitted maximum lot coverage of 20%; located at:370 Sunset Way,Southold, NY. SCTM No. 1000-91- 1-7. 10:20 A.M.-LINDA AND DANIEL LYNCH#7577—Request for a Variance from Article XXIII,Section 280- 124; and the Building Inspector's July 1, 2021,Amended September 3, 2021 Notice of Disapproval based on an application to legalize an"as-built" deck addition; at 1)located less than the code minimum required rear yard setback of 35 feet; located at:2070 Grathwohl Road, New Suffolk, NY.SCTM No. 1000-117-2-14. 10:30 A.M.-WS2 INVESTMENTS, LLC#7575—Request for a Variance from Article III,Section 280-15; and the Building Inspector's August 5, 2021 Notice of Disapproval based on an application for a permit to construct a non-habitable accessory garage;at'1) located in other than the code permitted rear yard; located at: East End Road,Fishers Island, NY.SCTM No. 1000-4-6-1. 10:40 A.M.-RAMA B.RAO AND ELEANOR L.THOMAS#7578—Request for a Variance from Article XXIII, SOUTHOLD TOWN BD OF APPLS 2 " L c25e096e-81ba-4678-865f-00123eac0549 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 100 Section 280-124;and the Building Inspector's July 13,2021, 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 front yard setback of 50 feet; located at: 1725 King Street, Orient, NY. SCTM No. 1000-26-2-43.4. 10:50 A.M.-PETER AND MARIA GANLEY#7581—Request for Variances from Article XXIII,Section 280- 124; and the Building Inspector's August 13,2021 Notice of Disapprova I-based on an application for a permit to construct additions and alterations and to legalize an "as built" rear deck addition to an existing single family dwelling;at 1) located less than the code minimum required side.yard setback of 15 feet;2) located less than the code minimum required combined side yard setback of 35 feet;located at:785 Fishermans- Beach Road, Cutchogue, NY.SCTM No. 1000-111-1-31. 11:00 A.M,-JAY P. MANDELBAUM AND LAUREN GORDON#7579—Request for Variances from Article,, IV, Section 280-18 and the Building Inspector's August 4,2021 Notice of Disapproval based on an application for a permit to construct a single family dwelling and an accessory raised patio with a hot tub;where, 1) the ,proposed construction would result in a lot coverage of$1%-where the code only permits a maximum lot coverage of 20946,and 2)the proposed raised patio and hot tub would be located partially in the side yard where the code requires accessory structures and buildings must be located in the rear yard;for property located at:920 Kimberly Lane,Southold, NY.SCTM No. 1000-70-13-20.15. In addition,the property owner seeks to amend Declaration Covenants and Restrictions on the subject`property which require the removal of the existing tennis court if a single family dwelling is not constructed within a specific timeframe. 1:00 P.M.-KEITH AND LYNETTE KANE#7576—Request for Variances from Article XXIII,Section 280-124; and the Building Inspector's August 23, 2021 Notice of Disapproval based on an application for a permit to legalize the"as built"conversion of the approved screened porch to conditioned habitable space attached to an existing single family dwelling; at 1)located less than the code minimum required side yard setback of 15 feet; 2) located less than the code minimum required combined side yard setback,of 35 feet; located at: 335 Village Lane,Orient, NY.SCTM No. 1000-25-2-4.13. 1:10 P.M.-JOSEPH AND DEBORAH POLIDORA#7583—Request for Variances from Article XXIII,Section 280-124; and the Building Inspector's September 13,2021 Notice of Disapproval based on an application for a permit to construct a one story addition connecting an existing single family dwelling-to an existing detached garage;at 1) located less than the code minimum required side yard setback of 15 feet on two sides; 2) located less than the code minimum required combined side yard setback of 35 feet; located at: SOUTHOLD TOWN BD OF APPLS 3' r' r c25e096e-81ba-4678-865f-00123eac0549 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 1055 Point Pleasant Road, Mattituck, NY.SCTM No. 1000-114-1-1. 1:20 P.M.-THOMAS AND LAURA JOHNSON#7584—Request for a Variance from Article XXIII, Section 280- 124;and the Building Inspector's September 8, 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 front yard setback of 35 feet; located at:Off Fox Avenue, Fishers Island, NY. SCTM No. 1000-9-1-18. 1:30 P.M.-THE ALEXANDER FOX STERN 1997 TRUST#7586—Request for a Variance from Article XXII, Section 280416A(1)and the Building Inspector's August 16,2021 Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling and to construct a new single family dwelling on the existing foundation; at 1)dwelling is located less than the code required 100-feet from the top of the bluff, located at:63165 County Road 48,Greenport, NY.SCTM--No. 1000-40-1-14, 1:40 P.M.-PANTS VIEW, LLC#758.7—Request fpr Variances_from Article XXII,Section 280-116A(1), Article XXIII,Section 124;and the Building Inspector's August 3, 2021 Notice of Disapproval based,onan application to demolish and reconstruct a single family dwelling;at 1) located less than the code required 100 feet from the top of the bluff; 2) located less than the code required side yard setback of 15 feet;3) more than the code permitted maximum lot coverage of 20%; located at:2021Hyatt Road,Southold, NY. SCTM No. 1000-50-1-21. 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. Contact our office at(631)765-1809,or by email: kimf@southoldtownny.gov Date: December 16, 2021 ZONING BOARD OF APPEALS, LESLIE KANES WEISMAN,CHAIRPERSON BY: Kim E. Fuentes, 54375 Main Road (Office Location), P.O. Box 1179,Southold, NY 11971-0959 SOUTHOLD TOWN BD OF APPLS 4 c25e096e-81ba-4678-865f-00123eac0549 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk,County, New York. I certify that the public notice, a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: December 30,2021 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,and as such, is eligible to,publish such notices. Signature Eliot T. Putnam Printed Name Subscribed and sworn to before me, This 06 day of January 2022 Notary Signa t re ``,'���avnnrq►gr OF NEW PORK •, ' a a •NOTARY PUBLIC i ALBANY Notary Public Stamp s ��•. OIRU,19"8443 o` •' : SOUTHOLD TOWN BD OF APPLS 1 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®��®� ®���®� 53095 Main Road •P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Acampora � � Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. O a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �COUNTi, 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, JANUARY 6, 2022 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, JANUARY 6, 2022: 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://southoldtownny.gov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownny.aov/calendar.aspx. 1:30 P.M. -THE ALEXANDER FOX STERN 1997 TRUST#7586 - Request for a Variance from Article XXII, Section 280-116A(1) and the Building Inspector's August 16, 2021 Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling and to construct a new single family dwelling on the existing foundation; at 1) dwelling is located less than the code required 100 feet from the top of the bluff; located at: 63165 County Road 48, Greenport, NY-SCTM No. 1000-40-1-14. 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: December 16, 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 F FO cfj�•�o�O„\11V ��G� � Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 o Southold, New York 11971-0959 Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: December 6, 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 January 6, 2,022 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. •xr-a,, +� ";u s.�3v. >33�>,.,:_c^�x r; .,. >h'^'�,v 3, 's?, ..art` � :'m„„ , .a�Z>r„=. ) a e ,` i li u, °id IS ,uWU KAc� . "'p r F= 4 ,,t )to z ` u ;`� i _>�".2.',, ".zr.,i-` ' '+'C.= e sr *y -.z ,s''r., r� '�. 5', a�ayi,' -s`.. ' s�• �2`i"w'" r {mac. .gr, ; .SI3`�.,'`nF 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 December 29, 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 December 29, 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. r Instructions for ZBA Public Hearing' Page 2 MAILING INSTRUCTIONS: Please send by IUDWRW=.9', �rtiBec l!%ra 1; � e i �Refiir%`�Re"ceit 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 December 20,2021. 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@southoldtoMgM.Rov or elizabeth.sakarellos@town.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/doc/1022250/Pa eg l.aspx. 3 _ --. ,^nr� .�XV, � _'NS �-`s`yry�'"a-�:#, ON tb � � t XV,31� ` yS=�. �' ,v1N,' _ 3s".a L:fi� "... Cis i ;, ` r• .��^.; �; �.:` �'�=' '•�' r .�=,,� �:�; � . `�`. ,3.� q .u`is [1 v, Iing re e P1 s r e � Y a fure car u�nf sau i idta nn a 'an , 41 I' 'T�Z���F��P�1�[���tlte�� ;.s"•�„°,+' " - '-"`i-" �r mg�srtH �F►.f�» .�.q1'13�.'`:-" 0.z�,vn't.�'{4_ �>Fw*'a-��>;�`�0-.r 'a 11fD%�lt °>`¢ki�•". `f 'w,}2i;`'f "'S"sfrs>,p,•s..`�vF,,f„-+*�5 YKC,Y., �:wr�^",µ^,;1 yiS' :r 'K 11 Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter SS 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 • I W A F r Cx r'-a+"'-. x. ..�5 u�r L '+,*ar,• r _ ,+_ AME'� � � � �i �X4rt W'y'r T rte t '}•n 3"Jy Y *S 4•� _ cif. .. ti Z cE.'. ;C �sas r�� ay NEw yoxi{ E, x , SOCGY`.F s}o 3-3 �ss�1 ^fcr SriA :>r +t JORRa'c"c r r e ' r>1F11IA tM1+ix r »7 tee 'r X--5 3 s, �i rs ✓" f ax f'�y.� dtr ..€"!c S � FFI �? ��� �> ' ttr}l.f �sr .t �.�• >� �. Eat k K' ���^- ^ '.`'�z,�•=,�`.1xC'�afi5 k3'y Cs ,rry ' ti rs' 4fl.'C. ,¢'x� ''r 'e�i F"t'�. '� � , q rw t^ % �yii ?�y ,r, i Xut`s "�"Nx'F Uu• .S T4+i> .:� s_ a'r? #• s y4r,;,� nu�i6s*'ry ` ''y l� a L ^� o- n [ +xw.i s k a'"-' :s 3`k "'et� °tat ttr M1 +t i+}x' "•ro�•l� r . "i 4. Sfi311,;fpL2r�T`�ta.•y'1•".. 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Bu&5diedules 5 Agreements.Contracts B Oases ==t Pagetofl n i4Eriuies,f 'Above: Listed are,types of records under ZBA Folder. ZBA Decisions can be found under Board actions: Gickon "Board,Actions"folder to open. . - .����,..: _'Yc' 6y r� _ _ .'�.. _�T.f J:��-Y�M1�t-'}.Y��:=a _.'�._�.i3 G'rt';�'.;r�:waP.• _ - __ - _ _ - .: r. - -t.f� _ {+...`..'-.^r--..'_x=_.:::'' - vi�;z�e-' -,i'a•' ��"�r ,1,�-^� 4�� rraiKr__Er�" • kl011ie._ tltivseth' �? FT - iil + bst }r.:trs.m :r,; ,�x,�ir �:�l", `f - - A.: - _ ',1+. �,.3'f`., 'tfs- `:4' _ �:r:�t�i;" _ ti'{.`�y"t•�'d>�T'����,'�r:,r,ir•�3�_,•3 M1 o y .r � 3i'1C1?1liEC3 ►51 #IUCiC' _... ... ,-. 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Cfitk folder-to "AII'Special Exception applications that require Coordinated SEQRA Analysis'ar`e stored-in "Pending". t rcmtc..emMee. s;uiA;;'=•;'[ 1m db4iai>-zacu�s t;ovaoiwr" sae+a�,aoara2cnom_agors-�_ __ _ ter• _ - ?);__-:1 Q, ; _ - 2017 -- �R-F^ �-�-"�°•','T,'�'i�aeu_ _ ._ _ 3eT ew.dAaly¢-- ••--- -, - ...... Path ¢1NR'ebUBNdla'W L @ 2w) Owl-dxe LM nnddkd { g)W TS 9¢WXbor¢ GOAQ017 M51 A>4 f® 176 Boa)dxdm¢ S �Tole x eva.ana�¢ Ai9 Sa aovaAabni - 0eae)ab,¢ eovd Mom ' �30:3 63 9ovdulbn +��.'023 210 Bo+rel40w¢ ` D Tule 171 ae,.e,co,¢ g Tpn 3 eoxdwn�a¢ Above: See listed File Numbers. Click on file you are searching. Laserfiche Instructions ZBA Files Page 4 ^��?�,(��1tr�rya�i.gw�+...r_r+...!ar�rywr.a=.;:�..,��.�_vi��M3�.=+Yr:� '{..;e:-w:--� R�•4ht7hel; _ ' -£sm.....:r..!++^^s<.,*^r-uo�.a _ __ _ _ �.}F�j y'•�!''�•i•:,•a i' �ti _`i. Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. "Laseifir.hp'W Ink x" ; � Cashel g6t6e -Br2WW:. Search'{' i_ .`._ __ _ --_ -N:4'.. .'.t`--il;: f�tGi� _ _ .1,•� '��^�, -`�xl,.r:t v ->!3i-.ils d,-: _-r,�i C0.RomiZe Search -�' Sortmu1L9by. (ZClevance.N- _ •JF R9mrds Mana9ament s—ch T -{111 ._ 117016 Freddname II Board Actions-83Page(s) � Page count.83 Temp)ate name:Board nctiots , I egp Page 3-4 Cglin and KrlstenCh'hel PROPERTY LOCAT10M 162 t.owerSMngfe HIIL Fisher_. - _i Pagea-19.2017 JO01&Cashel5t7M NoA000A•1-28 m1nhnus z"pproval to rem- Paget. emo_PageS.Y 19,2017#7016,Casbet SCTM do 10069.1.26 GRANT,theVar)an{es as_- -� yd1 terms - Page 9 .COVIN 8JDOSiEN CASiEL SECTION 009 BLOC=, - - -,- _ Page 20-Thomas ANgren(Ushol).PO Box 342 FKhers KWndNY_ _ 1 - show rpme Information_. ' ,, � 'I •,t ,x.70,8 � . . - - _ _ - cI _Board Actions-S6 page(s) - --Page Count S6 Template names Board Antons +}i Page 48-4.30AM{OLIN CASHELAND Variances undeYNBde rdSbd1oriANN_ Page 48 Wtegaest ProposedtieeRlslocatedlridihMthi.. r� t-1 `'Show more Information_ Above:Shows you files that can be found using a phrase, name dr title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.4-1. Laserfiche WgbLink -- ----- - - o Home -Bz6W5e- $earth Tawrt_OISoDNold>Z6NngBoarG ofAppealf(2Ti71)>'M1nITe5%pg�ilCaslle-dal totlCekitjgdrlrlgs_`- %- - �� •_•` FIMmutes/ enclas/L I Nare _ sI `' �r Notices/Hearings 1957-1979 z Eni in 1980.1999 try Properties - --j &I 20004009 - - -- - { Path T—TX)rcuttxdd12—ing Board 2010 _ } of Appeals ' 6-2011 NoMe.1•nu[esean §n 2012 Agaxfo-sAegal - NOtitevTings i Creation date 2013 ' 7110+21101 257+'-0 PM 2014 - -- Last modified 2015 1 2/1 61201 6 215 14 PM > j 2016 - Metadata 2017_.____. 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E 'OF HEARIi4 � The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will ALSO be available VIi4 ZOOM WEBINAR - Follow pink - httpm.//Southoldtownny.giov/calendar.aspx NAME THE ALEXANDRA FOX STERN 1997 TRUST # 7586 SCTM # : 1000-40- 1 - 14 VARIANCE : BLUFF SETBACK REQUEST: DEMOLISH DWELLING AND CONSTRUCT NEW DWELLING ON EXISTING FOUNDATION DATE THURS. , JAN . 612022 1 :30 PM You may review the file(s) on the town's website under Town Records/Weblink: ZBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 - j Y TOWN OF SOUTHOLD r �S ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK Alem V4 Ira AFFIDAVIT, OF , In the Matter of the Application of MAILINGS Ate�aV1Aqi . I9q-4- Thi& (Name of Applicant/Owner) _;1o,316 cv— :.6yemPOVISCTM'Nci- OUt�- ` 0 (Address of Property) (Section,Block&Lot) - -COUNTY OF SUFFOLK - - - - STATE OF NEW YORK I, ( ) Owner, ( X )Agent ROBERT E. .HERRMANN ��IW4Y DBA EN-CONSULTANTS, 1319 NORTH SEA ROAD, SOUTHAMPTON New York, being duly sworn, deposes and says that: On the 17TH day of ,DECEMBER , 2p"2�21,l personally mailed°at t-he'United,-� :States'Post'�3ae in SOUTHAMPTON ,,New York,-by..CBRTIIEIa'MtIL, - 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 off c`ial records on file with the(X)Assessors, or, ( ) County_ Real Property Office, for every property which abuts and is across a public"or private street, or vehicular right-of-way of record, surrounding the applicant's property. ignature) Swom, to before m this KIM H . STEPHENS day of AIJU , 20 NOTARY PUBLIC STATE OF NEW YORK COMMISSION N0 . 5015931 (Notary ubic) QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 1 . 10ZS PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next - ----to-the-awngr-nar--nes-and-addr-esses-for_which-notices_were-nailed^ ---- ----- --- All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. Mailing for The Alexandra Fox Stern 1997 Trust SCTM#1000-40-1-14 SCTM#1000-40-3-1 Vineyard View Housing Development Fund Co., Inc. 2100 Middle Country Road Centereach, NY 11720 SCTM#1000-40-1-13 Jolyon Stern c/o Dewitt Stern—Risk Strategy 420 Lexington Avenue, Suite 2700 New York, NY 10170 SCTM#1000-40-1-15 Lawrence Loscalzo 1 Bouton Point Lloyd Harbor,NY 11743-1008 SCTM#1000-40-1-17 Ronald Spillane 45 Roxen Road Rockville Centre, NY 11570 USPS Tracking' swn FAQs ' j 01 on Track Another Package + Tracking Number: 70212720000269600525 Remove X Your item has been delivered to the original sender at 2:07 pm on January 3, 2022 in SOUTHAMPTON, NY 11968. USPS Tracking PIusTM Available u G Delivered, To Original Sender CL January 3, 2022 at 2:07 pm 0 SOUTHAMPTON, NY 11968 Get Updates u Text & Email Updates u Tracking History u USPS Tracking PIusTM u Product Information u See Less /� USPS Tracking FAQs ' Track Another Package + Tracking Number: 70212720000269600556 Remove X Your item has been delivered to the original sender at 2:07 pm on January 3, 2022 in SOUTHAMPTON, NY 11968. USPS Tracking PIusTM Available m G Delivered, To Original Sender v January 3, 2022 at 2:07 pm SOUTHAMPTON, NY 11968 Get Updates \/ Text & Email Updates u Tracking History u USPS Tracking PIusTM u Product Information u See Less /� USPS Tracking' FAQs ' Ln 5� Track Another Package + Tracking Number: 70212720000269600518 Remove X Your item was delivered to an individual at the address at 2:59 pm on December 22, 2021 in HUNTINGTON, NY 11743. USPS Tracking PIusTm Available m CD C✓ Delivered, Left with IndividualCD Q December 22, 2021 at 2:59 pm 0 HUNTINGTON, NY 11743 Get Updates u Text & Email Updates u Tracking History u USPS Tracking PIusTM u Product Information See Less /� USPS Tracking' FAQs ' S Track Another Package + Tracking Number: 70212720000269600501 Remove X Your item was delivered to an individual at the address at 4:48 pm on December 20, 2021 in ROCKVILLE CENTRE, NY 11570. USPS Tracking PIusTM Available u m G Delivered, Left with Individual 0- v December 20, 2021 at 4:48 pm 0 ROCKVILLE CENTRE, NY 11570 Get Updates u Text & Email Updates u Tracking History u USPS Tracking PIusTM u Product Information u See Less /� E3 • • o - - • s ^ Ln z` g U RN C7_ • �p Carti ied Mad Fee � ' .� � - c1 A 1�r�Ctrl� '� .O Certified mail ee e Extra Services&Fees(checkbox,add fee as eppropnate) '� tr $ j El Return Receipt(hardcopy) $ 17 2� •n Extra SBMces&Fees(checkbox add feea;eppropdate) '"� ❑Return Receipt(electronic) $ /,few✓ _�s ❑Return Receipt(hardcopy) $ '�T'•�"t E:3 ❑Certified Mall Restricted Delivery- $ ^'�6+ 5/j�D k 7,433' ❑Return Recelpt(electronic) " $_ Q " CI ' ❑Adult Signature Required $ "" f El Certified Mail Restricted Delivery $ _ � Post' 6 F-]Adult Si f' ® N�r� ?4• ❑Adult Signature Restricted Delivery$ - a i' Signature Required ryp C] Postage: ,�� ❑Adult Signature Restricted Delivery <(/�, ru T - - -- - } .!tCC� f rp Postage $ r�- Total Post — - — , Vineyard View Housing I `'� r 4 Set $ I f ru Development Fund Co. Inc. �, Sent To Ronald Spillane C7 §iii ru f r- 2100 Middle Country Road C] s`lieelai IJ 45 Roxen Road clh Centereach NY 11720 r` Rockville Centre, Ny 11570 ---------- cry,ware I � ■ jLn o �r o. o ,a Certified Mail Fee �. Certified Mail Fee Extra Services&Fees(checkbox,eddfeeasappmpdatei ✓Ol zi Ar 1, ,` � AS ❑Return Receipt(hardcopy) $ _ VVI Extra Services&Fees(checkbox,add lee as appropdate) �r' O ❑Return Receipt(electronic) $—_ tffiQ`'� ❑Return Receipt(hardcopy) $ Il []Certified Mall Restricted Delivery $ POS1�tMark } ❑Return Receipt(electronic) $ (� []Adult Signature'Required -- 1� ��� � 1 ❑Certified Mail Restricted Delivery-$ re J / '�H7a6U21 0 ❑AduitSignatureRestrictedDeiivery-$ �'1a2� f 0 ❑Adult Signature Required $ C) Postage �— U } ❑Adult Signature Restricted Delivery$rpu f $ --- - -- - \ /f S O Postage "*y / !r ru Total Posi! f $ {j g„,t�S :��_r ���j— N r 1{ry Tota1P -- - r-qLjJolyon Stern } $ 1 ru tic/o DeWitt Stern-Risk Strategy � Senr7Lawrence Loscalzo OM1420 Lexington Ave., Ste 2700 C3 siieeil 1 Bouton Point 1--._.._._. New York,NY 10170 cry;s Ll d Harbor, NY 11743-1008 -- I y 1 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS � SOUTHOLD, NEW YORK OCa j AFFIDAVIT s � i OF In the Matter of the Application of: POSTING (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK I, ROBERT E. HERRMANN iKUNt DBA EN-CONSULTANTS, 1319 NORTH ,SEA ROAD SOUTHAMPTON ,New York, being duly sworn, depose and say that: I am the ( ) Owner or(X )Agent for owner of the subject property On the 13TH day of DECEMBER , 2021 , I personally placed the Town's Official Poster on subject property located at: 63165 CR 48, GREENPORT; SCTM #1000-40-1-14 I The poster shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall beset back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public I hearing of JANUARY 6, 2022 I I I (Owner/Al. nt Signature) I' i Sworn to before me thisDay of , 20 � I HIM H . STEPHENS ota Public) NOTARY PUBLIC STATE OF NEW YORK COM14I SS I O N No . 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 , 20Z,5 I r � t Posting for The Alexandra Fox Stern 1997 Trust SCTM#1000-40-1-14 _ 63165 -�• gYif frT4C1t tt - BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®f ®�1� 53095 Main Road• P.O. Box 1179 ® ®�® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. ® a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®lyC®UNTY Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD September 23, 2021 Tel.(631)765-1809 •Fax(631)765-9064 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File : # 7586 The Alexandra Fox Stern 1997 Trust Action Requested : Demolish an existing single family dwelling (first and second floors) and to construct a new single family dwelling on the existing foundation. 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 rper n By: Encls Site Plan/Survey: Jeffrey T. Butler P.E. Dated : 4/12/2021 BOARD MEMBERS —' Southold Town Hall Leslie Kanes Weisman,Chairperson *oF SOUry 53095 Main Road • P.O. Box 1179 Dantes Southold,NY 11971-0959 Patricia ra Office Location: Eric antes Town Annex/First Floor, Robert Lehnert,Jr. �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento coutm\g Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631) 765-9064 SEP 2 3 2021 Southold Town September 23, 2021 Planning Board Mark Terry, Assistant Town Planning Director LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref.No. # 7586 The Alexandra Fox Stern 1997 Trust Dear Mark: We have received an application to demolish an existing single family dwelling (first and second floors) and to construct a new,single family dwelling on the existing foundation. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: Encis Site Plan/Survey. Jeffrey T. Butler P.E. Dated : 4/12/2021 BOARD MEMBERS -� Southold Town Hall Leslie Kanes Weisman,Chairperson �O \qf SU(/j53095 Main Road - P.O. Box 1179 p Southold,NY 11971-0959 Patricia Acampora � � Office Location: Eric Dantes CA ,� Town Annex/First Floor, Robert Lehnert,Jr. � 54375 Main Road(at Youngs Avenue) Nicholas Planamento �, Comm, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD September 23, 2021 Tel.(631) 765-1809-Fax(631) 765-9064 Suffolk County Soil and Water Conservation District Attn: Corey Humphrey 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA# 7586 The Alexandra Fox Stern 1997 Trust Dear Sir or Madam: We have received an application for a project adjacent to a waterway, shown on the enclosed site map. The hearing on this application is expected to be held in approximately 3 weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Leslie K. Weisman Chairperson By: Encls. Site Plan/Survey: Jeffrey T. Butler P.E. Dated : 4/12/2021 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O XV so yol ra 53095 Main Road•P.O.Box 1179 Dantes p ffiSouthold,NY 11971-0959 Patricia Oce Location: Eric antes Town Annex/First Floor, Robert Lehnert,Jr. �pQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento ,YC,oU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 January 26,2022 Robert Herrmann En-Consultants 1.319 North Sea Road Southampton,NY 11968 RE: Appeal No.7586,Alexander Fox Stern 63165 County Road 48, Greenport,NY SCTM No. 1000-40-1-14 Dear Mr. Herrmann; Transmitted for your records is a copy of the Board's January 20,2022 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. Be sure to submit an application along with a copy of the attached determination to the Building Department. 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. It is the property owner's responsibility to ensure compliance with the code required time frame described herein.Failure to comply with requesting extensions in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy and may require a new application for variance relief with public hearing before the Board of Appeals. If you have any questions,please don't hesitate to contact our office. 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