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HomeMy WebLinkAbout7592 - 57 4 761.1, coR5F&tcf � 5 d? lL-� wrl� �xtY ficd� 5 n5 . '6tDrnfip e 6l�tff a i Gl zs-t . cont ,;tc �n ri as r-� l�KI fe :`tib Acs) *1 i-4 I Owner: Hovey, Michael File #: 7592 Address: 5775 Nassau Point Rd Code: 18RL J Agent Info William A Scherer WSJS Architects 755 New York Avenue Huntington, NY 11743 Phone: 631-351-1999 Fax: 631-351-1897 Email: ws@wsjsarch.com - -� I�0`fIZI ' 1�' 13�a.-I � -k4 BOARD MEMBERS OF SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �� ly0 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes cn Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento COUNTYSouthold,NY 11971 RECEIVED http://southoldtownny.gov ZONING BOARD OF APPEALS F EB 2 2 2022 TOWN OF SOUTHOLD Tel.(631) 765-1809 -Fax (631) 765-9064 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 17, 2022 ZBA FILE: #7592 NAME OF APPLICANT: Catherine Hovey PROPERTY LOCATION: 5775 Nassau Point Road, Cutchogue SCTM No. 1000-111-13-5 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 October 13, 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 January 9, 2022. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the,records available, it is recommended that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 31,164 sq. ft parcel located in an R-40 Zoning District. The property has a road frontage on Nassau Point Road of 100.48 feet, then turns east for 30L feet-towards Little Peconic Bay;turning north there is a 100.62 feet bay frontage, then returning 32-1.1 feetto Nassau Point Road. The.property is improved with an existing two story residence with an accessory pool in the rear yard as shown on topographical survey prepared by John Minto,L.S.,-dated July 12, 2021. BASIS OF APPLICATION: Request for variances from Article XXII, Section 280-116A(1);Article XXIII, Section 280-124; and,-the,Building Inspector's August 19, 2021 Notice of Disapproval based on an application for a permit to construct a deck addition,with a partially recessed hot tub,to an existing 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 minimum side yard setback of 15 feet; 3)located less than the code required minimum combined side yard setback of 35 feet_located at: 5775 Nassau Point Road, (Adj.to Little Peconic Bay) Cutchogue,NY. SCTM No. 1000-111-13-5. RELIEF REQUESTED: The applicant requests variances to construct a deck addition with a partially recessed hot tub at the rear of the house. The proposed deck is shown to be 26 feet fi-om the top of the bluff where a minimum of Page 2, February 17,2022 #7592,Hovey SCTM No. 1000-111-13-5 100 ft is required and has a side yard setback of 13.6 feet where a minimum of 15 feet is required. The proposed deck will also have a combined side yard setback of 24.4 feet where 35 feet minimum is required. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the Town Code. The applicant, on February 14,2022, submitted a Plot Plan dated February 10,2022,prepared by William Scherer amending the proposed side yard setback from 13.6 feet to 15 feet, 2 inches (or 15.167 feet) setback, and amending the combined side yard setback from 24.4 feet to 25.967 feet, thereby bringing the proposed improvements into more conformance with the Town Code. The single side yard setback no longer requires variance relief from this Board. ADDITIONAL INFORMATION: The existing residence was built in 1975 with a certificate of occupancy#Z6343. The existing inground swimming pool in the rear yard was installed in 1982 with certificate of occupancy#Z11226. Another certificate of occupancy for the pool, #Z33104 was issued in June of 2008. Pursuant to the Board Members' request, the applicant's representative submitted several comparable prior ZBA decisions as follows: • #7311, 3675 Nassau Point Road,Cutchogue,Accessory Decks at 0 feet setback from the top of the.bluff and seaward of the top of the bluff. • . #6929, 7125 Nassau Point Road, Cutchogue, Wood deck addition at 20 feet from the top of the bluff and a side yard setback of 12.8 feet instead of the required 15 feet. #7513, 7025 Nassau Point Road, Cutchogue,,Proposed construction at 28 feet from the top of the bluff. • #74349 6485 Nassau Point Road, Cutchogue,=Proposed construction at 36 feet from the top of the bluff and side yard setback at 10.7 feet instead of the.required 15 feet. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a.public hearing on this application on Tebruary 3, 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(3)(b)(1). Grant of the variances as amended will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed deck and recessed hot tub are proposed for the rear of the house and would be situated with the same bluff setback as the existing pool.The amended plans for the deck show it not exceeding the existing side yard setback for the house which is in compliance with the code. There are similar properties in this neighborhood with accessory pools and decks at the rear of the houses,and the proposed improvements will not be seen from the street. Therefore,no undesirable change will occur. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant or cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance. Due to the existing house being inside of the 100 ft bluff setback,any proposed addition would require variance relief. Also,the existing residence does not comply with the combined side yard setback so any proposed addition extending along a side yard would require variance relief. 3. Town Law X267-b(3)(b)(3). The variances granted as Amended herein are mathematically substantial;the bluff setback variance represents a 74%relief from the code,and the combined side yard setback variance represent a 28% relief from the code. However,the bluff setback was codified twice in past years for the accessory swimming pool, and the proposed deck does not exceed this setback. The combined side yard setback was also codified with the construction of the house which has a legal Certificate of Occupancy. Page 3,February 17,2022 #7592,Hovey SCTM No. 1000-111-13-5 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 conditions of this board. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law X267-b. Grant of the relief AS AMENDED is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a deck addition with a partially recessed hot tub while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman(Chairperson), seconded by Member Acampora, and duly carried,to GRANT Variances as AMENDED, and shown on the plans and site plan by William Scherer, Architect dated February 10, 2022; depicting the addition to the wood deck having a Combined side yard setback at 25.967 feet and setback from Top of Bluff at 26 feet. Single side yard setback variance relief no longer required. SUBJECT TO.THE FOLLOWING CONDITIONS: 1.. Proposed rear deck addition shall remain open to the sky and remain unenclosed: This approval shall not be deemed effective until the required.conditions.have-been met.At the discretion of _the Board of Appeals,failure to comply with the above conditions may render.this decision null and void. That the above,conditions be written into the Building Inspector's Certificate of Occupancy, when issued The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Any deviation from the survey, site plan andlor 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; and failure to comply therewith will render this approval null and void. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one Page 4,February 17,2022 #7592, Hovey SCTM No. 1000-111-13-5 (1) year terms.IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief,and require a new variance application with public hearing before_the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson) Dantes, Acampora, and Planamento. This Resolution was duly adopted(4-0). (Member Lehnert absent) Leslie Kanes Weisman, Chairperson Approved for ftling,� /2022 ZONING INFORMATION 11'-8" 10'-2" 8'-6" 1 � SUFFOLK COUNTY TAX MAP# 1000-111-13-05 LITTLEP 1,iECON ZONE: R-40 LOT AREA: 31,165 SF. Fq 'C vR AY D a LOT IS NON CONFORMING. REFER TO ZONING SECTION 280-124-NON CONFORMING LOTS LESS THAN 20,000 SF. _ DO TOTAL LOT AREA=31,165 SF, BLUFF AREA=6,433.5 SF, BUILDABLE LAND AREA=24,731.5 SF m STPD K � S04'20'43" (ALONGHIGHR) PILE ,ALLOWABLE EXISTING PROPOSED `0.8'E o2' TYP. _ BUILDING AREA 24,731.5 SF x.2 =4,946.3 SF 3,002.8 SF. 3,423.7 SF. (HOUSE, DECK&POOL) (HOUSE, DECK&POOL) _ ' � r 6.7'E LOT COVERAGE 20% 12.1% 3.13% BOTTOM OF BLUFF �.1'W.'. .cry FRONT YARD 50' 146.1' 146.1' .� _--'-- ----_ __ __ - ---'"" SIDE YARD MIN 15' 15.8', 10.8' 15.8' (TO HOUSE), 1 .8' .w - ----- 15.16' (TO DECK), 10.8' 1 Co. 11.75'(TO STAIR LANDING), 10.8' SIDE YARD TOTAL 35' 26.6' 26.6' (TO HOUSE) g 25.96' (TO DECK) . n' ll 22.55' (TO STAIR LANDING) ` 117.5' +/- TO HOUSE \ U' Y. ' 000 ' REAR YARD 50' 117.5'+/- ( ) Q Y . iv �-^WOODm . ' �.o 105.3' +/-(TO DECK) EXISTING DECK DECfC.W'Y . ' F Y Q o. ' MAXIMUM BLDG HEIGHT 35' 32' 32' ` �.0 co W O nw oo r- +C - HOT I Q 4 • 4Xa :.. . .:.' ) O �• _ TUB r- >- co . '.' >-. . . �' M EXISTING (V Q w BREAKFAST AREA � L cc ll� 4' C .�• F-. -- -�:_ C.M. ---= = --- -- --- -----------=-- ------- --------- - ---_---- ♦ / STO. TOP OF BLUFF 02S ------ C.M.JI \-STO. O -+ -4 1 FINAL l 0.6'S FLAG JEXISTING WOO ,m - '! 0 � BEND NEW POLE DECK @FIRST p i t 0= ti 0 L a O� 1.8'N SHADED STAIRS FLR LEVEL 03 X o k r °0 AREA g� o EXISTIN EXIST. c (D W �Q a m ILLIII INDICATES - � Y ZBA . „ „� u, o � PROPOSED SEE DECiS i N �1w '2 EXISTIN WALKOUT STONE „ z w I AREA OF E s C O O WOOD SUBLEVEL WALL „m • v, o; w ADDITION TO .. DECK A N U DECK, AREA ®ATPD , �, o FIRST V w 4 3' 26.7' IIIw w IS 402.18 SF EXISTING O Q 1 LEVEL Z EXIS NG EXISTI G " w KITCHEN STONE /; ,,,H,.,`" 15'-2" ,.„ w INGR ND " "'!' ; y ir- ; LL POOL %% PATIO A ,-- w w % Y 10.8 CV N """ %; , 0 Y �, 6.1' rIN EXIST 14.T 15.2 `-1 POOL E- \ /'% .:;y � XIST POOL CANTILEVER �� � 02.10.2022 REVISED SIZE OF HEATERZo E: FILTER R� `w A PROPOSED DECK TO RESPECT "'-EXIST CONC. #5775 EXISTING 8.7' 'CHAIN LINK 15'-0" MIN SIDE YARD PAD ON GRADE 2 STORY FRAME 91 � 1 x —EXISTING A/C DWELLING EXIST A/C 9.30.2021 ISSUED TO ZBA o CONDENSER _ 5. ' c5 CONDENSER GARAGE UNDER c`i SHOWER EXIST CONDENSER 11.4 GENERATOR C, STO. PROPANE STONE �ri 16.1' �0.1'N WSJS ARCHITECTS TANKS � 21.3 PARTIAL 2ND FLOOPJDECK PLAN sTo. FC. 9_0, _ � __7 Zao Lo XIST FENCE _ _15.7'__ AND GATE 4 1/4"=1'-0" 0.7S I } x1 I STO. 755 NEW YORK AVE., HUNTINGTON, N.Y. CANTILEV R ST IE 0.9'N 631 351-1999 ST S EXISTING R E LOOSE STONE COBBLE 9'-4" T-11" 1 STO. XIST FENCE EXISTING STONE DRIVEWAY STONE CURB 0.9'S AND GATE WALL, TYP. NEW COLUMN I LOT 41 9'-4" 7'-11" PROPOSED LOT 39 LOT 40 4.4'N ARCHITECTURE INTERIORS PLANNING NEW FOOTING 1 NEW COLUMN DECK ABOVE THESE PLANS ARE AN INSTRUMENT AND PIER,TYP OF SERVICE AND ARE THE PROPERTY - -- - - - , -- -- - - -- - - OF THE ARCHITECT.INFRINGEMENTS £p ARCH, \ WILL BE PROSECUTED. (� / r (V / I . I •' .. I \ / \ I �STONE THE CONTRACTOR SHALL VERIFY ALL WALL FIELD CONDITIONS AND BE vV Gd"- UTILITY RESPONSIBLE FOR FIELD FIT AND QUANTITY OF WORK.NO ALLOWANCES / 2'-0" \ / \ POLE SHALL BE MADE IN BEHALF OF THE ' 3 " / TYP P CONTRACTOR FOR ANY ERROR OR ;•; \ NEGLECT ON HIS PART. LINE OF DECK // \\ / 07 � Cb ABOVE \ COFt� // o \\ // o p \ NEW COLUMN , M / EXISTING / STONE r / r---\-� COLUMN/ / p p / WALL 2.1'N / I / -' LATTICE WORK + CERT. NO. / I / SCREENED /� I ACCESS I �PPROJECT NAME / L-- ENCLOSURE ' EXISTING / AREA OF DROPPED / ,/ OPENING OOp�\� PROPOSED ALTERATIONS &ADDITIONS TO THE: FOOTING / PORTION OF DECK I / I Q W ABOVE AT HOT TUB I _ —— — � ' _ LEDGER 3'-10" 6'-4" '2' " O � H OV EY RESIDENCE Elj 4„ 4' W r---I r--� o / \ �C) _ o p "t 0 "t 0) 0 0 EXIST FOUNDATION I I I /�/ \• ( I I I NEW Z Z I (q SCTM# 1000- 111 - 13-05 COLUM 5775 NASSAU POINT ROAD CUTCHOGUE, NY oxo uP I DRAWING TITLE 13 I PLOT PLAN & -_______-- ZONING NOTES L— ---- -- - ------- ,,WELL —1-1--�,1--------� I 1 0 C.M. 48, 933 I i i i i i I I i i i I I I I I I �•-- " 10 I I I I I W ` UTILITY I I I I I I J POLES 1 1 1 1 1 1 1 I I I c.M. N 1502510011 NEW NEW STAIRS DECKSTAIRS TO EXIST EDGE OF PAVEMENT DRAWN BY FOUNDATION r% DRAWING NUMBER NASSAU POINT ROAD CP ?� CHKD BY i W� ws 2 DECK FRAMING PLAN Co�T PLAN 6 tiDATEIAL FOUNDATION PLAN-0" 1/4"=1'-0" 02/10/22 A 7P '-0" Al mo PROJ # 202115 SCALE AS NOTED x - is P 02.10.2022 REVISED SIZE OF PROPOSED DECK TO RESPECT 15'-0" MIN SIDE YARD 9.30.2021 ISSUED TO ZBA WSJS ARCHITECTS 755 NEW YORK AVE., HUNTINGTON, N.Y. (631) 351-1999 ARCHITECTURE INTERIORS PLANNING FUIU FM JUL ul THESE PLANS ARE AN INSTRUMENT OF SERVICE SERVICE AND ARE THE PROPERTY �'.'.. MYin nFl- -IF] U IFT] ME -T-In REFILl OF THE ARCHITECT.INFRINGEMENTS WILL BE PROSECUTED. EXISTING ROOFING,TYP. THE CONTRACTOR SHALL VERIFY ALL v`Q' FIELD CONDITIONS AND BE � �✓ �, RESPONSIBLE FOR FIELD FIT AND QUANTITY OF WORK.NO ALLOWANCES !{N SHALL BE MADE IN BEHALF OF THE . CONTRACTOR FOR ANY ERROR OR `,"'� NEGLECT ON HIS PART. "' V 0171vj� :®4s� T�r� Cif tifVd y EXISTING (DING,TYP. JUL JUL Ll [CERT. NO. in — ft InF ❑ o I JUL PROJECT NAMEE CA a LI PROPOSED ALTERATIONS &ADDITIONS TO THE: 10NEW CABLE IL NG EXIST PEH ❑ mm RAILING WIND s, 10E SYSTEM TYP. IFIF H OVEY RESIDENCE 11 1 11 P� P0 N�fj TT NEW DECK,TO BE SELECTED BY OWNER 2ND FLOOR EL. _ _ SCTM# 1000- 111 - 13-05 1-1 5775 NASSAU POINT ROAD CUTCHOGUE, NY NEW CABLE _ J RAILING i - J I EW DRAWING TITLE SYSTEM I I r— I EAM ]EIO I r_� I r-� Fr IFIF H I F49 _ �� FIFF I T® U N I U N EXIST COLUMN EAST E L EVAT I O N NEW STAIR TO PROPOSED I r NEW COLUMNS EXIS MN ❑❑ ❑❑ ❑❑ ❑ DECK 4EXOISTINGH .TYP � �� SHOWING I 11E E10 IE] I PROPOSED I GRADE ADDITION TO DECK 1 DRAWN BY DRAWING NUMBER CP CHKD BY ws EAST ELEVATION DATE 02/1 0/22A200 PROJ # 202115 SCALE AS NOTED COUNTY OF SUFFOLK OFFICE OF THE COUNTY EXECUTIVE . Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Commissioner Economic Development and Planning October 13, 2021 Town of Southold Zoning Board of Appeals 53095 Main Road RECEIVED P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman OCT 13 Dear Ms. Weisman: ZONING BOARD OF APPEALS Pursuant to the requirements of Sections Al 4-14 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 11900 Oregon Rd. LLC #7591 �b Catherine Hovey `- stip . Kathleen&Amnon Bar-Tur 97593 Very truly yours, Sarah Lansdale Director of Planning A? By Christine DeSalvo Theodore R.Klein, Principal Planner TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI® P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 �j` FFICE LOCATION: V SOyo MAILING ADDRESS: I v Town Hall Annex lQ P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY 11971 • Telephone: 631765-1938 �y00UNTY,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM JAN 211022 To: Leslie Weisman,Chair ' ",;[ Members of the Zoning Board of Appeals I-N From: Mark Terry,AICP Assistant Town Planning Director LWRP Coordinator Date January 19,2022 Re: LWRP Coastal Consistency Review for ZBA File Ref CATHERINE HOVEY#7592 SCTM#.1000-111-13-5. 5 . CATHERINE HOVEY 07592 — Request for variances from Article XXII, Section 280-116A(1); Article XXIII, Section 280-124; and the Building Inspector's August 19, 2021 Notice of Disapproval based on an application for a permit to construct a deck addition,with a partially recessed hot tub,to an existing 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 minimum side yard setback of 15 feet; 3) located less than the code required minimum combined side yard setback of 35 feet located at: 5775 Nassau Point Road, (Adj.to Little Peconic Bay)Cutchogue,NY. SCTM No. 1000-111-13-5. 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 proposed deck is not seaward of existing pool,not located in a FEMA flood zone or CERA. 2. The bluff has undergone extensive stabilization under Wetland Permit 8755 issued in 2016 and is in good condition. 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: John Burke,Assistant Town Attorney RECEIVED FORM NO. 3 OCT 0 4 2021 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. ZONING BOARD OF APPEALS NOTICE OF DISAPPROVAL 61 DATE: August 19, 2021 TO: William A. Scherer(Hovey) 755 New York Avenue, #300 Huntington,NY 11743 Please take notice that your application dated.April 21, 2021: For permit to: Construct a deck addition, with a partially recessed hot tub, to an existing single family dwelling at: Location of property: 5775 Nassau Point Road, Cutcho ug e,NY Countj Tax Map No. 1000—Section 11:1 Block 13 Lot 5 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 31,164 sq. ft. parcel, in the Residential R- 40 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 proposed deck to be located at 26,Al from top of bluff, at its closest op int. Additionally, the proposed construction is not permitted pursuant to Article XXIII Section 280-124 which states: lots measuring between 20,000-39,999 sq.ft. in total size require a minimum side yard setback of 15 feet with a combined side yard setback of 35 feet. The proposed deck construction indicates a side yard setback of 116 feet, with a combined side yard setback of 24.4 feet.. i 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. b Fee:$ Filed By: Assignment No. KLCEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE OCT 0 4 2021 House No.5775 Street N og SS aJ PU amlet DUdGKU-OF APPEALS SCTM 1000 Section III Block 13 Lot(s) Lot Size 9.F,Zone P,-QO I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED A/M 1-7-1 BASED ON SURVEY/SITE PLAN DATED 7-/Z- Z I . 5o r y e y Owner(s): ai-}-In e�' rn e H o v ems/ 4-0q-211, p�o+ P�Ah Mailing Address: 12 3 WC;r ray, 117-01 Telephone:3¢7-g&&-41K Fax: Email:( Oyp!,�/,Gaf- =Prv�q��.Gow. 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: Wi[(i o, " A. �G L Q gr- for(Owner( )Other: Address: W SJ S ,Ar1GL%&te G+S 75'S11.743 NGy.I 70r'K• ��/�•_ �u�n�l-i,na --u Telephone:43gJ-9-Fax: 01-351-1 W7 Email: 4J5@1.olSi� �at^G�,. Car+ Please check to specify who You wish correspondence to be mailed to,from the above names: (s.<Applicant/Owner(s), (✓Authorized Representative, ( ) Other Name/Address below: WHEREBYHF1 BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED ?- 2 Si ry and DENIED AN APPLICATION DATED 8- 1 R-V FOR: (v�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: )(X 11 Section: 7-go Subsection; XX I It 280 Type of Appeal. An Appeal is made for: (1-rA Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( )has, ((has not been made at any time with respect to this property,UNDER Appeal No(s). Year(s). (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# ` RECEIVED ^ � REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's OCT o 4 20 1 signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detrimTftNer&RD50�(F APPEALS properties if granted,because: pr o p e 4 g d 4 Poara-i a.Il y wee 25 1' v4 �A WI-11 �1 VGr, M-j C-1, in kCepjng Arr-h;� e4v('q� e-ka.roL& --eY *,-,d ic,lf, 4-� 1, ow,ow, ,1, o I,orvle5 . propoSCd oM1eG�� Adof i�-.ova 1,�/.�t v.o.�- GCL�SE: Art in�.CnS��y o-� -��� �camti �/ _ 2.The benefit soughtS �� by ae applicant Ci A�NNOTV beS�•achieved by some method feasible for the applicant to pursue, other than an area variance,because: 0. +` ,e t r o-�e r 4-�/ ` 11 11 / � t oe-1 A%e, ¢)e, Sj w �je% ko ►G i � cnrl4ZgVreal avtc Si-�Va-I- CC� rroper�y, 3.The amount of relief requested is not substantial because: 14 w.l( A f low a 5ir1 q le s i Jc your cQ"rAev"', vc. 4-0 .4e- FrOpoSed Ae.ck o� 134" 1e l ere, a 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 1.4 will +so4 irr.p o l l' nw-k r aJ 0,%d M vr' are-o.5 off. -]r ,L 1t W glI e%*+ Got•►tat, 4M. ;Kr- °tg9e or a-P 4 L2 er-9per4y'5 ex SA""i 51rqe, J�aw1'i1 c`11 -x4-iaJ �5- . �-r pvq;ll be j, keep" 1u►l's. '��e eX►S-�in9 arc�,i 1eG.4-)rA( eHar&e,+tr' W- +} e- kome 4nd b o+41er eXi s- i.,gg �-,me4 -�-ke- ne►9L,�d�lnoo�. 5.Has the alleged difficulty been self-created? { } Yes,or*V No Why: wrke exi 04-13 I--(- is a non-Gon*vr^ml►►J Io4- iw +- o,+ i-� .S bnly Ivo ee4— \;4tcle. 4rl.ere fie. re, JireA Io¢ v�.t��� �, 3 ISoTe4- Ike, ex�S��r� ln.} iS 4150 ►10..- 9 a K f brtrts,r% 31)1&4. �-F, i-, Rr eat wkere +4,e. r-e.$vired w+lin i 1V%,j I e j" aCe4. eS Q-0 0 0b .4: Are there any ovenants or esmcttons conn ming t is and? {tj,"No { }Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signature of Applicant or Authorized Agent (Agent must submitwritten Authorization from.Owner) Swom t efore.me this � day of v 20_q1__. ERIC M. JAFFE Notary Public, State Of New York No. 02JAS089767 Qualified In Suffolk County NotaryPub c Commission Expires March 31, 20 � APPLICANT'S PROJECT DESCRIPTION RECEIVED l� APPLICANT: ain A S ckee-er DATE PREPARED: jaw0 DAPI 1. For Demolition of Existing Building Areas ZONING BOARD OF APPEALS Please describe areas being removed:__ n d2 w�o i®v` o l Q yC i S�-i n_� i o�i►, a a V,Z ck II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: de,c, w1 i rrea a lar Dimensions of new second floor: _NA I V Dimensions of floor above second level: NA Height(from finished ground to top of ridge): (-4 A Is basement or lowest floor area being constructed?If yes, please provide height(above ground) measured from natural existing grade to first floor: N A III.Proposed Construction Description (Alterations or Structural Chaqges) (Attach extra sheet if necessary).Please describe building areas: Fr o °Std on S�r c, .o a+ e.x E eriof dec C,+ Number of Floors and General Characteristics BEFORE Alterations: b ti, a 2 oor 5 9z Wood grc.Kte� L,ovr�a W,l•fll. AckLie aLJ Wahal',�2 oo Number of Floors an Changes WIT11 Alterations: �,: i j' 2oo�_l nre }ro r't;knl�ir. ae, IV. Calculations of building areas and lot coverage(from surveyor): \ Existing square footage of buildings on your property: 3-(2,77,. Proposed increase of building coverage: 430 Square footage of your lot: 31 11,4 Percentage of coverage of you lot r y building area: -J i - .$ o PropoSed -- ij. L3.7o V.Purpose of New Construction: ;a�r. 5 5 ag eZ. 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): TKe- to.,-,d ;S pred 0,";--%A,+Y S lh 4.I A�L t o +t e- l a v. L o m t- I n e. rr �e- -aw% Sight/) dow" h !M a*�- 0 0 2.. f r r. we -jevT4G4 4 L r^ e-4 S- o ��I e o-" 4-Ley-!r ee e e a I !klk,4- o G 0 LJ b Q r e e G 0 L Q D+�e O 6 07.0 %)e, o e- tt�� o 'v Z S 11 2 4-1,e- M, 1 a A V o t O s1 4 0. V N J 2/ G✓t i',¢' CL tor Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION n RECEIVED , A. Is the subject premises listed on the real estate market for sale? Yes s/ No OCT Q 4 2021 B. Are there any proposals to change or alter land contours? ZONING BOARD OF APPEALS ✓ No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? y2 2.)Are those areas shown on the survey submitted with this application? 25 3.) Is the property bulk headed between the wetlands area and the upland building area? '%J@,5 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? y 2 5 Please confirm status of your inquiry or application with the Trustees: abo(; M and if issued,please attach copies of permit with conditionA hnd approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? �,l o E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?_W o 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? IN o 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? If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel s (C 4 Well�4 w/in-boon j h ool and the proposed use 5 ch (ex: existing single family,proposed: same with garage,pool or other) OL4'�� 1- 3o-ZoZI Authorized signature and Date FORM X0. 4 v V�� TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED Town Clerk's Office Southold, N. Y. OCT 0 4 2021 ZONING BOARD OF APPEALS Certificate Of Occupancy No. 26343. . . . . . Date . . . . . . . . . . .Mar . .I. . . . . . . ., 197-5 . THIS CERTIFIES that the building located at . . Nas sau.Point. Road. . . . . Street Map No.Na s s. Rt. . . . Block No. . . . . . . . . . Lot No. 40 . . .C tchague. . .N.Y A. . . . . . . . . conforms substantially to the Application for Building Permit heretofore filled in this office dated . . . . . . . . . . . Yay. . . .I ., 19.74. pursuant to which Building Permit No. .653?�z . dated . . . . Y,ay.. . .1. . . . . .. 19.73., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . .Private• -one. -family .dWelling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to Angelo.&. Relen .0orhaleta. . . . .{vmers. . . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval t5ep R k .V1r1-.1a... . . . UNDERWRITERS CERTIFICATE.No. A.1 63.59 5. . . . .q=Q .7. . 974. . . . . . . . . . . . . . . . HOUSE NUMBER . .5775 . . . . Street . .Na.ssau. .Poiat .Road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,Q- Building Inspector i I FORM NO.4 TOWN OF SOUTHOLD /� BUILDING DEPARTMENT /� "!� Office of the Building Inspector ' v RECEIVED Town Hall Southold, N.Y. OCT o 4 207 Certificate Of Occupancy ZONING BOARD OF APPEALS No. . . .z11226 . . . . . . . . Date . . . . . . . . . . . Svptembex. X41. . . . . . . . ., 19 82. THIS CERTIFIES that the�btri"ag . pool. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property5775. ���ay Point Road, Cutchogue� NY, , , , , , , , , , , , , , , , , „ House No. Street Property . . . . . . . . . . . . . . . . . . County Tax Map No. 1000 Section . .?11. . . . . . .Block . . 13. . . . . . . . . . .Lot . .aP 5. . . . . . . . . . . . Subdivision N44 mi .Point.Ctub.Prop. . . . . . . .Filed Map No. 156, . .Lot No. 49. . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated i September.27. . . . . , 19 82 pursuant to which Building Permit No. . .11936Z. . . . . . . . . . . . . dated . . . . . . . . . . . . . . 19 .4Z ,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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . .HELEN.CQRBELETTA. . of the aforesaid building. z Suffolk County Department of Health Approval . . . N/A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . , .1J. 5,7.780 . . . . . . . . . Building Inspector Rev.1/81 FORM NO.4 TOWN OF SOUTHOLD Y BUILDING DEPARTMENT Office of the Building Inspector RECEIVED Town Hall Southold, N.Y. OCT 0 4 2021 Certificate Of Occupancy zONINC 6OARD OF APPEALS No. . . .Zj4A7.9 . . . . . . . Date . . . . . .Jupe .5. . . . . . . . . . . . . . . . . . 1986, THIS CERTIFIES that the building . . . .w P p d,-:1 u r n i n g, s.t o y p, , , , , , , , , , , , , , , , , . . . , Location of Property 5.7.7.5 . . . . . . . . . . . . . . .Na,$ au Pt; Rd,, , . , , , , , Cutcho�ue House No. Street Hamlet County Tax Map.No. 1000 Section . . . . 1.1.1 . . . .Block . . . . . . ,1.3 . . . . . .Lot . . .5. . . . . . . . . . . . . Subdivision . . . . . . . . . .X. . . . . . . . . . . . . . . . . . . .Filed Map No. . .x. . . . .Lot No. . . . .X. . . . I . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated November 8 44832 . . . . . . . . . . . . . . . . . . . . . . 198.5. .pursuant to which Building Permit No. . . . .1. . . . . . . . . . . . dated . . . . . . . . . . 19 .85 ,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 . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . . . . . . . . . . . .l;RAXQ� . ,S.QUV�Z of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . . . . . .NIA. . . . . . . . . . . . . . . . . . . . . . IA. . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . . . . . .NIA, , , , , , , , , , , , , , , , , , Vf, Building Inspector Rev.1181 FORM NO. 4 TOWN OF SOUTHOLD RECEIVED BUILDING 'DEPARTMENT Office of the Building Inspector OCT U 4 ?021 Town Hall Southold, N.Y. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-33104 Date: . 06/18/08 THIS CERTIFIES that the building ACCESSORY Location of Property: 5775 NASSAU POINT RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 111 Block 13 Lot 5 Subdivision Filed Map No. Lot No. conforms .substantially to the Application for Building Permit heretofore filed in this office dated MARCH 26, 2007 pursuant to which Building Permit No. 32844-Z dated MARCH 26, 2007 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 "AS BUILT° ACCESSORY INGROUND SWIMMING POOL WITH FENCE TO CODE AS APPLIED FOR. The certificate is issued to JOSEPH N & MARY L RIZZO, JR (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 1060108 05/09/03- PLUMBERS 5/09/03PLUMBERS CERTIFICATION DATED N/A A horized Signature Rev. . l/81 FORM NO. 4 . � Y TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Office of the Building Inspector OCT 0 4 2021 Town Hall Southold, N.Y. . ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY . No: Z-33103 Date: 06/18/08 THIS CERTIFIES that the building ADDITIONS/ALTERATIONS Location of Property: 5775 NASSAU POINT RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473885 Section 111 Block 13 Lot 5 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MARCH 27, 2007 pursuant to which Building Permit No. 32849-Z dated MARCH 27; 2007 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 ADDITIONS AND ALTERATIONS, INCLUDING COVERED PORCH WITH BALCONIES ABOVE, TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to JOSEPH N & MARY L RIZZO, JR (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE'NO. . 1060108 05/09/03 PLUMBERS CERTIFICATION DATED 03/27/07 JOHN JAY CLASPER Author zed Signature Rev. 1/81 C", 0 -J AGRICULTURAL DATA STATEMENT RECEIVED ZONING BOARD OF APPEALS /M TOWN OF SOUTHOLD OCT 0 4 ?021 WHEN TO USE THIS FORM: This form must be completed by the applicant f Q&qJW(jSP6AW WAPPEALS 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: `, II 1. Name of Applicant: W;IN q 2. Address.of Applicant: 75 e ., 1-743 3. Name of Land Owner(if other than Applicant): G P- i 4 4. Address of Land Owner: ' W 4t r cv% o o k 6 0 5. Description of Proposed Project: i o h o 0 5. oo a to e 0 4LAI 64 in 6. Location of Property: (road an Tax map number) 57? S' N w S S esG m 1000. Ill - 13-5 7. Is the parcel within 500 feet of a farm operation? { } Yes { No 8. Is this parcel actively farmed? { } Yes f q 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. (Pleas se the back of this page if there are additional property owners) a,2 _ 2i 30 i 2 o2I Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. r 617.20 ECEIVED Appendix B Short Environmental Assessment Form V OCT 0 2021 Instructions for Completing ZONING BOARD OF APPEALS Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project:II f(-o o 6e-� t)ect4, J� ba-i orn aJ 4,e v�/2 e5i o�eveG 2 Project Location(describe,and attach a location map): . ,57'2S' hA o,6 5 ct v o f k\+ F o aor G U--LG• o v2 Brief Description of Proposed Action: AJA'.4 i 4-30 S.F• E-X- er► °r de-4 ct+ 44-64 - Ivvr- If-Val N`arne of(Applicant or Sponsor: Telephone: (a 3(-351- 119 of Y t !L l a Y,^ A � (, e r E-Mail: kq S@ Vel S S a►"G�.• S�^'� Address: klSJS Arc�;� Cr,� S 75S hlv-w �oY'�- av2. City/PO: State: Zip Code: oV\--L h +0 r t- y 11'7$3 1.Does the proposYd action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? .-71 acres b.Total acreage to be physically disturbed? ,00� acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? .� acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑ Commercial V'Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, N YES .N/A .a.A permitted use under the zoning regulations? RECEIVED ^ I/4�p __ b.Consistent with the adopted comprehensive plan? / , ✓ 6. Is the proposed action consistent with the predominant character of the exiGQ b0igoMlral NO YES landscape? - I/ 7. Is the site of the proposed action located in,or does it adjoin,a state iiEtW Q xiti6g W ' o enta Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? �. c.-Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 1� 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: .o o&e J a G V19+- reev4e- . r_ D oWA @ v 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: '[ o o 4e ap i oil 1/ c +'e 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? ✓, 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? 1/ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ✓ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: 53"Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban eSuburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO ❑YES Page 2 of 4 0 18.Does the proposed action include construction or other activities that result in the impoundment of N YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or cYo`sed NO YES solid waste management facility? If Yes,describe: ZONING BOARD OF APPEALS ✓ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/spon.sQ Inaame: Q Date: J,3 D 202-1 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental 'characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies;groundwater,air quality,flora and fauna)? .Page 3 of 4 No,or Moderate RECEIV mall to large impact impact OCT 04 2may � r occur 10. Will the proposed action result in an increase in the potential for erosion,flooAM&OM OF APPEAL problems? AM Ik 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 RECEIVED Board of Zoniniz Aloyeals Alpipfication OCT 0 4 2021 AUTHORIZATION ZONING BOARD OF APPEALS (Where the Applicant is not the Owner) residing at_ 175 Warren S4 . (Print property owner's name (Mailing Address) ZPI do hereby authorize W i a �► (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. r (Owner's Signature) G er'i n6 (Print Owner's Name) J APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and empIovees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatevetD necessary to avoid same. YOUR NAME: K o cJ_ G 04 L cr.�A C, n r T Q 4 2021 (Lest name,11ritame,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.) ZONING BOARD OF APPEALS TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance ✓ Trustee Permit t/ 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 appUcant/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 RELATIONSEaP Submitted this D day of 20 Signature rr Print Name ce t3�.•1 e-r i n 2 H V cV AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action i necessary to avoid same. �y YOUR NAME: {' t( 1(t 0.r� (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,siRA@E1V company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) OCT 0 4 2G 21 Tax grievance Building Permit Variance ✓ Trustee Permit ✓ Change of Zone Coastal Erosion ZONING BOARD OF APPEALS 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 Submitted this 30 day of S ,202,1 Signature �- Print Name A RECEIVED Town of Southold OCT 04 2021 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS )INING BOARD OF APPEALS 1. All applicants for pennits* 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 fonn should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this fonn is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# Doo- III The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. Ei� Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction,planning activity,agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit,approval, license,certification: ®' Nature and extent of action: Proms e c4 4-30 !Rare, f eC� Mark natd:4-1 oh w,--b-v ibar4:.,o,�C`2L�.SS�� �b� �-�� +0 exd S}-�ha 5irn ��¢ �l a V+n 2 Location of action: s 77 W 4 5 5 ct J 'P(21h-� .. G u 4 c � vg.1°'. Site acreage: . 71 RECEIVED Present land use: ct h., Ar)�T 0 4 2021 Present zoning classification: NtNG BOARD OF APPEALS 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: ` I(i a A IGLeYer (b) Mailing address: `►,,f S J A (' -7S5 N?_lc.I o r k H �� K\( (c) Telephone number:Area Code (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? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No Z 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 11 Yes ❑ No ENO Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town ofRS'dVtf6ld. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria OCT 0 4 2021 Yes [] No Not Applicable n 4 ?9N?Nca BOARD 4F APPFAI S 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 [1 No [irNot Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No FNot Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes No YNot Applicable RECEIVED Attach additional sheets if necessary OCT 0 4 2021 Policy 7. Protect and improve air quality in the Town of Southold. See LWRP �'o Pages 32 through 34 for evaluation criteria. ❑ Yes [] NoNot Applicable 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 11a No I P I 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. nn 1EYeEl No Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No [Not Applicable RECEIVEU OCT 0 4 2021 Attach additional sheets if necessary ZONING BOARD OF APPEALS 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 YNot 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. E] Yes 1:1 No No�1 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. 0 Yes Ely No LJ Not Applicable Created on 512510511:20 AM TOW P\i'VNER r'` a' STREET I VILLAGE DISTRICT SUB. LOT ri ., --... — -- .........._..__.-.... _._ s N E ACREAGE --- I _.. ......._.....___.. +N i S l W TYPE OF BUILDING I RES. i SEAS. VL. FARM COMM I IND CB i MISC _.._...�___ _.- - _...._..._._—._. —......._.. LAND Imp. TOTAL DATE ' rEMARKS ------- - _._ . .. ....... e < ^ 3 r1GE w< �l�t°LI�'(46 C0N? t IWI 7 / .. - NEW NORMAL BEl OW ABOVE + . .. _.............._.._...._.. t _— T 6 Tillable. �, 6 j j a j�• _ t .................................- ... "iii bfe 2 G. 4 Vr.�% ....... e ~ < I Tillable 3 r "I -- —. _ 77 _x Woodland i # f ,## .e �v — a�f r I � A Swampland tcn ' - _.._ 3rush Z, d f z .. ........... ....... ..... _ z o House Ploto -_ m ....... . __ _... ..... ._.........._ ....... D N m v� I i u - _ jj : r � I :. ,.... :: •..'..s..w......_:;"�k'°°"'"q^o+o.:; y. '"«»rzW^4 'dA�,"t _.. .. — —.i _ .._ _ _ -j� MBldg. i F Foundation ' ?, �; } Bath Extension ( j Basement Floors ExtensionI x A' I Ext. Walls Interior Finish ' - -' a -- - -- -} ' ---- '' 3 F Fire Place %Heart sion IN Exteny �, ,`' „.r E:r' � . Porc'.z I Attic Porch rooms ?st F loor t c; p Breezeway ( Patio Rooms 2:,)a Floor r' _ ; Garage y Driveway T O- B. , 1 mndation • Basement CRAWL:Ext. Walls •• • Fire Place •• Dormer . wRooms 1st Floor Driveway Rooms 2nd Floor • f 4ECEWEG OCT 0 4 2021 ZONING BOARD OF APPEALS 004 li-111101 ' u View from east looking west View from northeast looking southwest r - .�<�• .u.a n�lUII - ._• .qac�.w.. f! View from northeast looking southwest View from east looking west Residence of Catherine Hovey, 5775 Nassau Point Road, Cutchogue, NY. Photos taken on September 16,2021 RECEIVED OCT 0 4 2021 ZONING BOARD OF APP Al, View from north looking south- View from southeast looking northwest l low r View from southeast looking northwest View from west looking east Residence of Catherine Hovey, 5775 Nassau Point Road, Cutchogue, NY. Photos taken on September 16,2021 ARCHITECTURE WSJS C INTERIORSPUNNING PUNNING 755.New Yorf Avenue, Huntington,NY 11743 (631)351-1999 Fax: (631)351-1897 September 24, 2021 RECEIVED Town of Southold OCT 0 4 2021 Zoning Board of Appeals 54375 Main Rd ZONING BOARD OF APPEALS P.O. Box 1179 Southold, NY 11971 /r1G/ Re: Hovey Residence 5775 Nassau Point Road Cutchogue, NY SCTM No. 1000-111-13-5 To whom it may concern, Attached herewith please find our application to the Zoning Board of Appeals requesting variances with regard to the above referenced property. The attached documents include 9 sets (original and 8 copies) of the following documents: 1-. Application 2. Project Description Form 3. Questionnaire 4. Pre-CO's, CO's 5. AG Data Form 6. Short EAF Form 7. Owner's Consent 8. Transactional Disclosure Forms for Owner and Agent 9. LWRP Form 10. Photos 11. New Survey 12. Building Plans 13. Town Property Card We have been informed by your office that there were no prior variances granted for this property. Please do not hesitate to contact me if we may be.of any assistance with regard to this application. Thank you. Sincere � 0. William A. Scherer14A—��� Cc: C. Hovey i ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: October 4, 2021 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP 7592 Hovey, Catherine 1603 $1500.0c RECEIVED OCT 5 2021 i i TOTAL $1500.00 Sent via Inter-Office to Town Clerk by: DW Thank you. i ���►T[i�RlHE I HOLEY ��� � � � � .� �� � . z o��g�FfO[,�c0 ELIZABETH A.NEVILLE,MMC �� r/y Town Hall,53095 Main Road TOWN CLERK C P.O.Box 1179 Z Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS p .F Fax(631)765-6145 MARRIAGE OFFICERTelephone RECORDS MANAGEMENT OFFICER ®� ��® FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov 765-1800 www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: October 5, 2021 RE: Zoning Appeal No. 7592 Transmitted herewith is Zoning Appeals No. 7592 for Catherine Hovey: ,Notice(s) of Disapproval The Application to the Southold Town Zoning Board of Appeals _applicant's Project Description Questionnaire Correspondence- :ZCertificate(s) of Occupancy Building Permit(s) Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, etc.) Misc. Paperwork- Copy of Deed(s) Findings, Deliberations and Determination Meeting(s) Agricultural Data Statement Short Environmental Assessment Form Board of Zoning Appeals Application Authorization Action of the Board of Appeals Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) LWRP Consistency Assessment Form Photos Property Record Card(s) Maps- „/Survey/Site Plan ./Drawings -,,,/Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 10/05/21 Receipt#: 287422 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7592 $1,500.00 Total Paid: $1,500.00 Notes: Payment Type Amount Paid By CK#1603 $1,500.00 Hovey, Michael & Catherine Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Hovey, Michael & Catherine 173 Warren Street Brooklyn, NY 11201 Clerk ID: JENNIFER Internal ID:7592 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS " SOUTHOLD, NEW YORK f 1� AFFIDAVIT_ OF In the Matter of the Application of: POSTING CI Alp— (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK I ��-f l ►� �c�C ate'e K residing at2S'�- N e W "Io r � A v e vi o e'/ o n i,--\a+qn ,New York, being duly sworn, depose and say that: I am the ( ) Owner or (✓Agent for owner of the subject property 2022, I ersonall laced the Town's On the�day of o J a , p y p Official Poster on subject property To.cated at: 5-7-757 Na65ct%i ockG\'4 D G � l IIg3S 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 hearing of � 6 I e v a rJ 3� (Owner/Agent.Signature) Sworn to before me this 2 y Day of � / , 20--�? ERIC M: JAFFE tary P c) Notary Public, State Of New York No. 02JA6089767 QualiCommission feSuffolkd in Expi esMar h 91,t20 U.8. Postal Service"m - -S 11 --� ejq 21 Postal CERTIFIED MAIL@ RECEIPT CERTIFIED oRECEIPT -J Domestic OnlyO M Ln Domestic Mail Only For ...D For delivery information,visit our website at www.mpe comO. 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Postal Service" CERTIFIED MAIL@ RECEIPT CERTIFIED MAILP RECEIPT Domestic Mail Onjy r Domestic Mail Only .n For delivery information,%4sit Our VvC+,--:te at tvww.usps.com�. C3 F F . C3 �� p � I p, Certified Ma l Fee IE Er Certified Mail Fee ® p $ p $ M Extra Services Fees(checkbox, �agepgmpn�) IYI Extra Services&Fees( box,add fee roprra(e) 1--3 ❑Retum Receipt(hardcopy) ❑Return Receipt(hard _ d p ❑Return Receipt(electronic) Z p� E-3 ❑Return Receipt(el ark C3 M ❑Certified Mall Restricted Deliv rn� tA Pos[ntt ❑Certified Mall Restricts 'Very $� ere p ❑Adult Signature Required N HBrB� r3 E]Adult Signature Require � V ❑Adutt Signature Restricted Deliv []Adult Signature ResMcte 'l �� 0 Postage g �r p Postage $ S r O $ S� M Total Postage and Fees ITl Total Postage and Fees Lz06 $ $ -0 Sent To �I-�J , ..D Sent To t-9 ."_r S_4L� L ✓1 g Q rn S p Street andApC No.,o Po BozJjfo. p Sweet andA L No.,/or P fox o. -------- °� � f ------- City"State ZIP+ae �...__- -..-- �ity,8ta Z W 01^ V O�!. C V 4 G J e, I�►� - 1931S; r ., PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions bOMPLETE tHIS SECTIONON DELIVERY SENDFR' • • • complete items 1,2,and 3. rBB. Sig re ■ Print our name and address on the reverse Q 0 Agent so that we can return the card to you. +� ❑Addressee ■ Attach this card to the back of the mailpiece, Received.b�y(Printed Name) C. Date of Delivery or on the front if space permits. �f iY( kS S C) 1. Article Addressed to: D.Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No Pi(.,a MaSSo , ,�-7o S N sss o►�� �� I I IIIIII IIII I'I I II IIII III I I IIII I I I II II IIII III 3. Service Type ❑Priority Mail Express® 1 ❑Adult Signature D Registered Mail TM Vdult Signature Restricted Delivery [I Registered Mail Restricted ertified MailO Delivery 9590 9402 3798 8032 1229 40 El Certified Mail Restricted Delivery 0 Mesh Rd Merchandise for ❑Collect on Delivery ❑Collect on Delivery Restricted Delivery 0 Signature ConfirmationTM' 2. Article Number-(Transfer-rfrom_service_label)---4_{} t ,d Mail i I r t t ff ❑Signature Confirmation Q 1 D,1,q; p p p p}} p 9.p'. 7 }t t } 1 Restricted Delivery t d Mail Restricted Delive 1 , } $500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt RRCHITECTURE INTERIORS WSJS RRCHITECTS PUNNING 755 New York Avenue, Huntington, NY 11743 (631)351-1.999 Fax: (631)351-1897 February 8, 2022 Zoning Board of Appeals Town of Southold 54375 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Kim Fuentes Re: Hovey Residence 5775 Nassau Point Road Cutchogue, NY SCTM No. 1000-111-13-5 Dear Ms. Fuentes, Attached please find 3 return receipts for the certified mailings for the Variance Application for the Hovey residence, 5775 Nassau Point Road, Cutchogue, NY. The receipts provided herewith include those from Curt Koch, Emre Ilgin and Dwayne & Linda Plants. Very tru y yours, J �r William A Scherer COMPLETE • ON • • / I A.SE Signature ■ Complete items.11,.2,and 3. / E3 Agent ■ Print your name and address on the reverse X [3Addressee i so that we tan.return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the.mailpiece, p (o or on the front if space permits. 1. Article Addressed to: D: Is delivery different from item 1? E3 Yes (( If YES,enter delivery address below: []No wa yh,e W 3. Service Type. ❑Priority Mail Express® ❑Adult Signature 0 Registered Mai1'. ❑P�iult Signature Restricted Delivery ❑Registered Mail Restricted II 1111111 IIII 111111 II II III I(1111111111111111111 13YCertified Mail® Delivery for 9590 9402 3798 8032 1228 96 [3 Certified Mail Restricted Delivery ❑Return Receipt Merchandise ❑Collecton Delivery nature Confirmation1m ❑Collect on Delivery Restricted Delivery t❑Sl9. nrk;nln.Numhcr rrrarlsfar frgrriservIcela6e0_:—;.�; f) i❑ISighature Confirmation # 1 i I I ❑Insured Mall. i` i Restricted Delivery 1116 3 07,0 i 0 0 Dig 0 7 E 2`9 o Insured Maille5trio4ea'Delivery' (over$500 PS Form 3811,July 2015 PSN 7530 02-000-9053 Domestic Return Receipt . • • DELIVERY SE • • ■ Complete items 1,2,and 3. A01s Signature Agent i ■ Print your name and address on the reverse p Addressee so that we can return the card to you. } i ■ Attach this card to the back of the mailpiece, ed by(Pr*erent C. Da' of Delvery or on the front if space permits. W/4 . et 1. Article Addressed to: II ery addrem 1? 0 Y ` G u Y-4 h 0 G V'� If YES,enter delivery address.below: ❑No j L 4(00'30 �aSS�� Poll"+ 1 I II 1111111 IIII III III II II III'I VIII IIII VIII I III ❑ ti I3. tJS gnat ice type re Restricted Delivery ❑Reisstered Mail Restricted 9590 9402 3798 8032 1229 19 Certified Mail® Relivery turn j ❑Certified Mail,Restricted Delivery OPetUrn Receipt for El Collect Delivery Merchandise R Collect on Delivery Restricted Delivery ❑Signature ConfirmatiOnTM' j Articles_Numher-Qransfer_from_servjoe 1abe0 ❑Signature Confirmation ❑Insured'Mail ®RerictedG)elivery701-6 3010 00 -PS Form 3811,July 2 ,5 PSN - - s Return Receipt _ SECTION'-.SENDER: Q01KPL_7.Tt'T1415�SEdT1,0N' `7 COM L&E THIS' . . ■ Complete items.1,.2,and 3. A. i re ❑Age t ■ Print your name and address on the reverse so that we canreturn the card to you. Add essee ■ Attach this card to the back of the mailpiece, B. Received (Printed Name) C. D1 D ' or on the front if space permits. 1 1. Article Addressed to: D: Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No n t 0, U ox ' I I airej� I� 7 1194$ 1 3. { II I IVIII IIII III I II II II III I I IIII I I I III I I II I III ❑ Mail Express(D Adult ul/S Signature Signature Restricted Delivery ❑Registered ice Type U aMail Restricted] �Certified Mail& Delivery 9590 9402 3798 8032 1229 33 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise _2._Article_.u b ansfer fro rvi�aJa6alL—�� Collec�oR Delivery.Restn ted Delivery ❑Signature ConfirmationTM � , ' fn f !+I + : j 11"�1 Mail( j j )(It j Q Signature Confirmation i ?0161 3 010 d 0 0 q 0 .7 6 ureti Mail Restricted elivefjr Restricted Delivery j %er$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt 9 L4 III - 13 - 4 M 5745 N aSSEtJ Poi,,4 P- (, LaJ refl �� li9� $ -7 $ 8 Go j u A VC , Ap , 4- A New dor y . TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK A-01DAVIT, OF In the Matter of the.Application of: MAILINGS' 1 ame;of A ''I' t/+C)vvri r 00(1 (Address'of Property) (Sectimn,Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, ( ✓ ) Agent l d vim► G.ln-2 e, t� 11743 !. _ 1 0 V, K k,-)h n4/ New York being:duly sworn,deposes and says that: On the _7 day of 0 _.. , 20 2Z personally m fled the United States Ps Office tn. H_r h� �o,n '. ,New York, by GERTIFIETb MSL, RETURN RECEIPT-REQUESTED;,a trite copy'of the attached ,egal Notice iri " Prep id'envelopes addressed to current.property.owners shown,on the currenf.assessment roll Verified from:the offsc ai records on file with:the( .).Assessors,or( .County. Real. Property Office,:far.every property which abuts and is across a public br.private-street, or vehicular fight-of-way of record,surrounding the applicant's property. (Signature) Swarn to before,=this day of " t/W 20-',')Z. ERIC M. JAFFE Notary Public, State Of New,York No. 02JA6089767 Qualified In Suffolk County otary Publi Commission Expires March 31; 20 PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next ---------to-the-owner-names-and-addresses-for-which--n.otices-were_mailed -------- --_-----All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. , • 5�0 � I� g55�ty � ojh.� � o� , OnJ�� ,� I ► X35 r.j- � � .6036 . gSsQ � �'s;;s - ,^-�.x..._ ._._ --.>r 7i.r;. ��_ ... ___.• "-- - ;9--":'S: .. :�s.<••.�a.:,a.�::v.�y,•-:__ ._... �. •,:.••:•y,,. :i,�.,:�.r-..-..,ci-._...-as ., _.�._- ' s .s IN NOTICE OF HEARING NAME . HOVEY, CATHERINE 7592 SCTN1 #: 1000-111-13-5 VARIANCE:BLUFF & YARD SETBA ONSTRUCT A DECK ADDITION REQUEST: C WITH A PARTIALLY RECESSED HOT TUST 'DATE THURS- ! LPM RS, RK 10. _ e , a f n > t a ae �, t ro"- IMA ETBAS 71 s f7a2e3a2-7572-4ec5-995a-07ef9fd3c17e kimf@southoldtownny.gov '� �'� AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE �1 SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 3,2022 at 10:00 AM J. PUBLIC HEARINGS - -------- ------ --- y .NOTICE IS-HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), n 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, FEBRUARY 3,2022: 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. A FACE MASK IS REQUIRED IF YOU WISH TO ATTEND"IN-PERSON". 10:00 A.M.-ALLAN KAREN#7582—Request for a Variance from Article III,Section 280-15;and the Building Inspector's August 23 2021 Notice of Disapproval based on an application for a permit to construct an accessory garage;at 1) located in other than the code permitted rear yard; located at:.350 Richmond Road East,Southold,NY.SCTM No. 1000-135-3-9. 10:10 A.M.-GREGORY TUCK#7585—Request for Variances from Article III,Section 280-15; and the Building Inspector's July 20, 2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and an accessory pool house;at1)Swimming Pool is located in other than the code permitted rear yard;2) Pool House is located in other than the code permitted rear yard; located at:8402 Soundview Avenue,Southold, NY.SCTM No. 1000-59-7-29.5. 10:20 A.M. HSA HOLDINGS, LLC#7589—Request for Variances from Article IV,Section 280-18; and the' Building Inspector's August 24, 2021 Notice of Disapproval based on an application for a permit to demolish and reconstruct a single family dwelling;at 1) located less than the code required minimum side yard setback of 15 feet; 2)located less than the code required minimum combined side yard setback of 35 feet; located at:2000 Park Avenue, (Adj.to Great Peconic Bay) Mattituck, NY.SCTM No. 1000-123-8-7. 10:30 A.M.AMNON AND KATHLEEN BAR-TUR#7593—Request for a Variance from Article XXIII,Section 280-124; and the Building Inspector's August 10, 2021 Notice of Disapproval based on an application for a permit to demolish an existing accessory garage;and elevate, relocate and construct additions and alterations to an existing single family dwelling; at 1) located less than the code minimum required rear yard setback of 35 feet; located at: 170 Bay Lane, (Adj.to Orient Harbor)Orient, NY.SCTM No. 1000-24- 2- 26.4. SOUTHOLD TOWN BD OF APPLS r 1 7 f7a2e3a2-7572-4ec5-995a-07ef9fd3c17e kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 10:40 P.M.-DAVID PUGH AND TINA SILVESTRI#7590—Request for a variance from Article XXIII,Section 280-124;and the Building Inspector's July 21, 2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to a single family.dwelling;at 1) located less than the code __--required minimum front_yard_setback-of40-feet;-located-at:-545-Ryder-Farm Lane;Orient,NY;-SCT-M--No. 1000-15-4-9.1. 10:50 A.M.-JOHN.AND LYNN SCOTT#7594—.Request for a Variance from Article XXIII,Section 280-124; and the Building Inspector's August 25, 2021 Noticed Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct a single family dwelling;at 1)located less than the code minimum required combined side yard setback of 35 feet; located at:495 Parish Drive, (Adj to Peconic Bay)Southold, NY.SCTM.No. 1000-71-1-5, 11:00 A.M.-11900 OREGON ROAD, LLC#7591—Request for a variance-from Article XV,Section 280- 62C; and the Building Inspector's June 30,2021,Amended July 13, 2021 Notice of Disapproval based on an application for a permit to construct alterations to an existing single family dwelling to create two accessory apartments,-at 1)the proposed accessory use is not permitted; located at 11900 Oregori Road, Cutchogue, NY.SCTM No. 1000-83-3-5.3. 1:00 P.M.-CATHERINE HOVEY# equestfor variances from Article XXII,Section 280-116A(1); Article XXIII,Section 280-124;-and the Building Inspector's August 19, 2.021 Notice of Disapproval based on.an application for permit to construct a deck addition,with a partially recessed:hot tub,to an existing 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 minimum side yard setback of 15.feet;3)-located less than the code,required minimum combined side.yard setback of 35 feet located at: 5775 Nassau Point Road, (Adj.to Little Peconic Bay) Cutchogue, NY.SCTM No. 1000-111-13-5. 1:10 P.M.-VINCENT BERTAULT#7580—Request to reverse a Stop Work Order issued by the Building Inspector on August 24, 2021, pursuant to Chapter 144,Section 144-8,for construction beyond the scope of Building Department Permit#44198; located at: 95 Navy Street, Orient, NY.SCTM No. 1000-26-.1-12.2. 1:20 P.M.-FISHERS ISLAND COMMUNITY CENTER#7563SE—(Adjourned from December 2,2021) Request for a Special Exception, pursuant to Town Code Article III,Section 280-13C(15),the applicant is requesting permission for recreational use upon premises accessory to a community center,and to construct two paddle tennis/pickleball courts; located at: Fox Lane, Fishers Island, NY.SCTM#1000-12-1-1.2. 1:30 P.M.—FISHERS ISLAND COMMUNITY CENTER, INC.#7621—Request for Variances from Article III, Section 280-15;and the Building Inspector's December 8,2021 Notice of Disapproval based on an application for a permit to construct two accessory paddle tennis courts; at 1) located in other than the code permitted rear yard; 2)side guard rails and nets exceed the maximum allowed height of 18 feet;3) more than the code permitted maximum lot coverage of 10%; located at: Fox Lane, Fishers Island, NY. SCTM No. 1000-12-1-1.2. SOUTHOLD TOWN BD OF APPLS f7a2e3a2-7572-4ec5-995a-07ef9fd3c17e kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times The Board of Appeals will'hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring W submit written statements before the conclusion of each hearing. Each hearing will not start earlier-than designated above.. File's are available for review on-The Town's Weblink/Laserfiche.under Zoning Board of . Appeals (ZBA)\Board Actions\Pending. Click Link: http://24.38.28.2 28:2040/we b l i n k/B rows e.a s px?d b i d=0. Contact our office at(631)765-1809,or by email:. kimf@southoldtownny.gov Dated: January 20, Z022 . 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 - - "--- - f7a2e3a2-7572-4ec5-995a-07ef9fd3c17e 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 newspapet'on the following dates: January 27,2422 -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. a ' .Signature. . Eliot T. Putnam Printed Name Subscribed and sworn to before me, This 27 day of January 2022 Notary Signat re - 111111nn m,p), \1�111GvLs tiV STATE OF NEW PORK NOTARY Notary Public Stamp IAPUBLIC ry 0 �+ n •• 0IRF.e398433 �. O M 81ON 6Te�����\\\\ . '+,++)/11111111111111`, SOUTHOLD TOWN BD OF PP -5 -__ BOARD MEMBERS s Southold Town Hall Leslie Kanes Weisman,Chairperson ,of SOVryOI 53095 Main Road•P.O.Box 1179 h p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. a0 54375 Main Road(at Youngs Avenue) Nicholas Planamento �Comm��v 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, FEBRUARY 3, 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, FEBRUARY 3, 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.gov/calendar.aspx. 1:00 PM -CATHERINE HOVEY#7592— Request for variances from Article XXII, Section 280- 116A(1); Article XXIII, Section 280-124; and the Building Inspector's August 19, 2021 Notice of Disapproval based on an application for a permit to construct a deck addition, with a partially recessed hot tub, to an existing 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 minimum side yard setback of 15 feet; 3) located less than the code required minimum combined side yard setback of 35 feet located at: 5775 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM No. 1000-111-13-5. 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/webli nk/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email:kimf@southoldtownny.gov. Dated: January 20, 2022 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 5o G� Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 Co y Southold,New York 11971-0959 2 �*A Fax(631) 765-9064 of ZONING BOARD OF APPEALS DATE: January 3, 2022 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 February 3, 2022 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. Below, please see instructions require`d�to�preparerrforrthe$ZBApubhcahearmg.;whicl �mcludes: 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 January 26, 2022. 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 January 26,2022,verifying that you have properly mailed and posted.Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. Instructions for ZBA Public Hearing Page 2 MAILING INSTRUCTIONS: Please send by15'PS <Ce tified lVlWAL, return 0.60 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 January 17,2022. 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 kimfnao,southoldtoMM.gov or elizabeth.sakarellos@town.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblinkBrowse.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. IIM�P�OOaR�TAN IINIS�TMRiTC�T�LO+.N�5: Scan and emaiil the IISPS mailing receipts, green signature cards and affidavits to ki�m�f sootholdt_own�ny. ov, a�ad **M4ip,som LT}S+PS 11!I, iL*X the OO�RIGIiNALS to the Town of Southold, ZBA, P.O. Box 1179, Southold, NAY 119�7t1,. Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason,you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes Board Assistant • "'t'i a' &• ;. 1 1k`b t�.jQ h ,�e =.7 `fi $` ar?t T?x .ut' �[.r - '`r t° t �' , s',_ ,ey_ j��',�� -s ��,r.. ' �' .�.� ��� .��,•.;..�vs� n �Ea F r � ' } , fit�. H< r•i } i �� , `t"2' C3`-^• )✓.,c•' 3v w9'•.La F }ry`+rr'Z�tt s r�7ry a�F tit f,e 9 1"g+s'•gx t h I �. y,�rp���/s-`T ire rl.W'' z�y, �xdS.�,�:' ,r ��' NE 1V Jf`A�'�.,rr+r*�•�r h�j��.��d�t' �'i'�Y =�' �-'F�' 4SOCLII fu" k�s �r `� „aYfa ” .s?r� u -r� ' � 'J rt��� ;vr^� 4 , ��:��Y�• .ar��" r�.a,t�.'s�.�a-�:, o- w•, .r., rkcc..:"f$ �. r,._,. '�r�, C,�,a-- r:3- 44: 3 4� s•1 ` Y J RAIMEM, � � � } ,� ..I-'{'�. 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'QZBA 17 Hearing.. 45 Abotie 'Agendas;IVliriutes.and Transcripts are in cfironolag cal order. ; Revised 6/15/2020 -aE CoF HEARIi4o The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main (toad, Southold The application will also be available VIA ZOOM WEBINAR - Follow pink - httpm.//southoldtownny.gov/calendar.aspx 1,1,7JAME m HOVEY, CATHERINE # 7592 sm- ,,CTM # : 1 000- 1 1 1 - 1 3-a �ARIANCEE BLUFF YAR SETBACKS VEQUESTmE CONSTRUCT A DECK ADDITION WITH A PARTIALLY RECESSED HOT TUB TO AN EXISTING DWELLING C.ATE THURS. , FEB . 3, 2022 1 : 00 PM You may review the file(s) on the town's website under Town Records/Weblink: SBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 BOARD MEMBERS '` Southold Town Hall Leslie Kanes Weisman,Chairperson ��� $�Ujy 53095 Main Road• P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes N Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue), Nicholas Planamento OlyCO� Southold;NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631)765-9064 October 4, 2021 RECEIVED Mark Terry,Assistant Town Planning Director LWRP Coordinator OCT 0.4 2021 Planning.Board Office Town of Southold Southol Town Town Hall Annex Planning Board Southold,NY 11971 Re: ZBA File Ref. No. 47592 Hovey, Catherine Dear Mark: . We have received an application'to-construct`a deck addition, with a partially recessed. hot tub,to an existing single family dwelling. 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 B Y• Encl. Survey/Site plan: WSJS Architects, dated September 30, 2021 1 `I BOARD MEMBERS 0�soyo Southold Town Hall Leslie Kanes Weisman,Chairperson �� lQ 53095 Main Road•P.O.Box 1179 .� Southold,NY 11971-0959 Patricia Acampora T Office Location: Eric Dantes app Town Annex/First Floor, Robert Lehnert,Jr. O��.CO 54375 Main Road(at Youngs Avenue) Nicholas Planamen $ Southold,NY 11971 RECEIVE® http://southoldtownny.gov p, �1 k,� 3:10 ` yv� 101 ZONING BOARD OF APPEALS O CT - 1 2019 TOWN OFSOUTHOLD 0 - ' Tel.(631)765.1809 Fax(631)765-9064 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 269 2019 ZBA FILE:47311 NAME OF APPLICANT: Silvia Campo and David Hermer PROPERTY LOCATION: 3675 Nassau Point Road,(Adj.to Little Peconic Bay)Cutchogue,NY SCTM#1000-111-9-4.2 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 thru A 14-25, and the Suffolk County Department of Planning issued its reply dated May 15, 2019 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated August 27, 2019. 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 the retaining wall and the 913 square foot deck are CONSISTENT with the LWRP, however, the 75.85 square foot deck located seaward of the top of the bluff is recommended as INCONSISTENT with the policy standards of the LWRP siting the following: 6.3 Protect and restore tidal and freshwater wetlands A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction. 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The 78.85 square foot deck located seaward of the top of the bluff is not permissible and does not comply with the statutory requirements pursuant to Section 275.11. Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees. Page 2,September 26,2019 #731I, Campo-Hermer SCTM No. 1000-111-942 (6)Platforms. [Amended 10-11-2005 by LL No. 17-2005; 10-9-2012 by LL No. 12-20121 (b) Platforms my not exceed 200 square feet and must me landward of the top of bluff. However,with the conditions imposed herein,the Board of Appeals finds the proposed action to be CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject property is a conforming 40,993 square feet parcel in the Residential R-40 Zoning District. The northerly property line measures 405.00 feet, the easterly property measures 100.48 feet and is adjacent to Little Peconic Bay,the southerly property line measures 415.00 feet and the westerly property line measures 100.48 feet and is adjacent to Nassau Point Road. The property is improved with a two and one half-story famed residence with partial walkout ground floor, with an attached elevated wood deck that starts on the north side of the residence and runs to the east (rear of home). The property on the northerly side has a wooden (CCA 6 foot by 6treated railroad ties) retaining wall built into the bluff. There are existing platforms (decks) and stairs that go from the rear of the property to the wooden bulkhead with another platform (deck) and stairs leading to the beach adjacent to Little Peconic Bay. The grade of the property slopes from west to east as shown on the survey map prepared by John T. Metzger,LS, and dated February 6, 2019. BASIS OF APPLICATION: Request for Variances from Article III, Sections 280-15; Article XXII. Section 280- 116A(1) and the Building Inspector's February 20, 2019 Notice of Disapproval based on an application to demolish and reconstruct the existing retaining wall and two accessory decks at, 1) retaining wall is located less than the code required 100 feet from the top of the bluff; 2) deck is located less than the code required 100 feet from the top of the bluff; 3) deck is located seaward of the top of bluff, not permitted; located, at 3675 Nassau Point Road,(Adj.to Little Peconic Bay)Cutchogue,NY. SCTM#1000-111-9-4.2. RELIEF REQUESTED: The applicant requests variances to demolish and reconstruct the existing retaining walls and two accessory deck at 3675 Nassau Point Road, Cutchogue, NY. SCTM#1000-111-9-4.2. The proposed construction, on this conforming 40,933 square feet parcel in the Residential R-40, is not permitted pursuant to Article XXII Section 280-116A(l), 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 prepared by Shawn Leonard,Architect, and last revised April 8, 2019 shows the retaining walls at+/- 7 fee o�n top of bluff. In addition, the proposed reconstruction of the 9.5,ft. by 8.3 ft. accessory deck has a 0' setback from topo bluff and 9.5 ft. by 9.5 ft. deck is located seaward of the trop o 171uff.— ADDITIONAL INFORMATION: The retaining walls where built in the 1980's when the house was constructed. The decks were constructed at the property sometime after 1986. The prior owners did not need a Trustees permit for beach stairs or the decks built as part of the beach stairs. The applicants purchased the property in 2015 and the beach stairs and retaining wall were existing. A 10 ft. non-turf buffer is proposed which will be either gravel/landscape fabric or native plant material. The decks, stairs and retaining walls were all existing structures when the applicant bought the property. When the Town Board adopted the setbacks from the "top of the bluff/bank" minor accessory structures associated with the beach stairs or landscape retaining walls were not the focus of the regulations. These structures have been in place for almost 30 years. The stability of the bank is stable and the bank is vegetated. The neighbor to the north attended the Public Hearing on September 12, 2019 with concerns about the replacement of the retaining wall. The applicant's representative showed the site plans prepared by Shawn Leonard, Architect, last revised April 8, 2019 along with explaining what would be done. The neighbor was satisfied and had no further comments. The subject property received prior variance relief in ZBA#7117 dated February 1, 2018 to add 130 sq. ft. to a master bathroom on the second floor with a bluff setback of 67 feet where code requires 100 feet. r Page 3,September 26,2019 ' #7311,Campo-Hermer SCTM No 1000-111-9-4.2 The Board of Trustees must grant approval for the retaining wall, decking and stairs. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 12,2019 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 5267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This is a beach community and a majority of the properties in the area have similar designs with retaining walls, beach stairs and decks. It is not unusual to see the same look throughout the Nassau Point community. Replacement of the as built stairs and decks will 2. Town Law 5267-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 stairs give access to the beach and the decks provide a place to sit(two beach chairs) and are part of the stairs. The surrounding land is sloped and vegetated. While the applicant could conceivably replace the 8.3 ft. by 9.5 ft. deck that overhangs the top of the bluff with at grade pavers that would not require a variance, to so would create greater land disturbance than the replacement of what is already built. 3. Town Law 5267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 93% relief from the code for the retaining walls at+/- 7 feet from the top of bluff; and 100% relief for the proposed reconstruction of the 9.5 ft. by 8.3 ft. accessory deck and the 9.5 ft. by 9.5 ft. accessory deck. However, all these structures have existed. The applicant wishes to replace, in kind and in place,the old wood retaining walls and the wood decks and stairs to make all structures safe and in line with the design of the property. Additionally, most other homes in this neighborhood have very similar decks, stairs, and landings to access the beach and Little Peconic Bay. 4. Town Law 5267-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. This property is very much in character with the community of Nassau Point. No impact will be caused to the existing bank. The retaining wall controls the existing natural grade of the rear of the property and the decks keep human activity off the natural landscape landward of the existing bulkhead. 5. Town Law 5267-b(3)(b)(5). The difficulty has been self-created. Although the applicant purchased the property in 2015 and all the decks and stairs were as built,the applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 5267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new retaining wall, replacing the old wood on the decks and stairs while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Acampora, seconded by Member PIanamento, and duly carried,to Page 4,September 26,2019 #7311,Campo-Hermer SCTM No. 1000-111-9-4.2 GRANT the variances as applied for and shown on the survey map prepared John T. Metzger, LS and dated February 6,2019 and the Site Plan drawn by Shawn Leonard,Architect,revised on April 8,2019. 1. The applicant must obtain approval from the Southold Board of Trustees.Failure to do so will render this approval null and void, 2. The non turf buffer shown on the survey cited above shall be installed as proposed unless altered by the Southold Board of Trustees which shall take precedence. 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. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes,Acampora,Planamento and Lehnert. (5-0) Leslie Kanes Weisman, Chairperson Approved for filing /d 7/2019 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chair-person ®��®F$®UPy®� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Kenneth Schneiderc®UNT`1 Southold,NY 11971 9 RE El ED http://southoldtown.northfork.net 4- ZONING BOARD OF APPEALS MAP2 5 2 1 TOWN OF SOUTHOLD a, Tel.(631)765-1809•Fax(631)765-9064 outhold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF MAY 19,2016 ZBA FILE: 6929 NAME OF APPLICANT:Neil Stromski and Patricia Perez PROPERTY LOCATION: 7125 Nassau Point Road,Cutchogue,NY SCTM# 1060-111-15-11 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 February 9, 2016 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards.The LWRP Coordinator issued a recommendation dated February 11,2016.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 in regard to the survey/site plan not showing the Flood zones and the as-built additions and accessory structures being built without the benefit of a Board review. The survey/site plan has been revised and submitted to show the Flood Zones (Zone X and Zone VE) and the subject as-built structures between the top-of-bluff and bulk head will be reviewed by the Southold Town Trustees, all of which will then be CONSISTENT with LWRP policy standards and therefore CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject parcel is a 33,673 square foot waterfront parcel in an R-40 district. The parcel fronts Nassau Point Road for 101.18 feet, it adjoins a parcel to the north for 329.81 feet and a parcel to the south for 343.66 feet and is waterfront to Little Peconic Bay along the apparent high water mark for 100.01 feet. The parcel is improved with a one and two story frame and stone house and garage with an attached as-built deck. The parcel has a bulkhead at the bottom of the slope and has multiple retaining walls, decks and stairs between the top-of-bluff and bottom of slope, all as shown on the survey prepared by Nathan Corwin Taft III, L.S.,dated November. 19,2007 and last revised March 4,2016(Add Flood Zone). BASIS OF.APPLICATION: Request for Variances from Article XXII Section 280-116A and Article XXIII Section 280-124 and the Building Inspector's December 22, 2015, Amended January 14, 2016 Notice of Disapproval based on an application for building permit to legalize `as built' additions/alterations and accessory structures and construct additions/alterations to the existing `as built' accessory structures, at; 1) the proposed and Page 2-May 19,2016 ZBA File#6929—Stronski SCTM#1000-111-15-11 `as built' accessory construction is less than code required setback of 100 feet from the top of the bluff,2) `as built' deck addition is less than the code required setback of 100 feet from the top of the bluff, 3) `as built' deck addition located at less than the code required minimum side yard setback of 15 feet, located at: 7125 Nassau Point Road (adj.to Little Peconic Bay)Cutchogue,NY. SCTM#1000-111-15-11 RELIEF REQUESTED: The applicant requests variances to maintain an as-built wood deck addition having: 1.) a top of bluff setback of+/- 20 feet, where the code requires a minimum_ of 100 feet and 2.) a single side yard setback of 12.8 feet,where the code requires a minimum of 15 feet, all as shown on the survey prepared by Nathan Corwin Taft III,L.S., dated November 19,2007 and last revised March 4,2016(Add Flood Zone). ADDITIONAL INFORMATION: This application only addresses the as-built deck addition that is attached to the rear of the dwelling and landward of the top-of-bluff, ZBA jurisdiction. The area between the existing top-of-bluff and existing bulkhead at the bottom of the slope (bluff face) has multiple retaining walls, decking, landings and stairs of which some are being removed and/or repaired or rebuilt. This area is under the jurisdiction of the Town Trustees. The Board of Appeals requested and received comments on the subject application from the Board of Town Trustees in a Memorandum dated March 9, 2016, which included the proposed removal of an existing dilapidated "boathouse/gazebo" which the applicant intends to do. The Board also required that the applicant contact Jay Tanski, Senior Coastal Processes and Facilities Specialist, at Sea Grant to determine the impact of removal of retaining walls and other structures on bluff stability. A letter from Tanski, dated April 22, 2016, was received at the public hearing on May 5,2016. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 3,2016 and May 5,2016, at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Rear yard attached decks are characteristic of residential properties in this neighborhood and the subject as-built deck cannot be seen from the street. 2. Town Law 5267-b(Vb)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance.The applicant could have constructed a patio at grade in lieu of the raised as-built deck. 3. Town Law 5267-b(3)(b)(3). The variance granted herein for a top-of-bluff setback is mathematically substantial, representing 80% relief from the code: However, is has been professionally determined by a Senior Coastal Processes and Facilities Specialist that "The bluff face was steep but well-vegetated, indicating it was relatively stable". Therefore, since the deck is as-built from at least 2001 (from viewing Suffolk County GIS data),. it shows that its existence, over time, has not been detrimental to the stability of this bluff, which mitigates the substantiality. The variance granted herein for a side yard setback is mathematically substantial, representing 13%relief from the 'code. However, the applicant's representative stated that there is an error in the submitted survey showing the subject existing side yard setback. Upon site inspection, it was discovered that the as-built deck addition is aligned with the dwelling in the side yard. The as-built deck addition is in alignment with the dwelling and has the same existing side,yard setback as that of the dwelling, of 14 feet,which represents a 7% relief from the code, which is not substantial. Page 3-May 19,2016 ZBA File#6929—Stronski SCTM#1000-111-15-11 4. Town.Law 5267-0)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the.neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 5267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in, effect and it Js presumed that the applicant had actual or constructive knowledge of the limitations'on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6.,Town Law 5267-b. Grant of the requested relief is the minimum action necessary-and adequate to enable the applicant to enjoy the benefit of an attached rear yard deck, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. . RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B;motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried,to GRANT the variances as applied for, subject to the receipt of a revised survey showing the correct 'side yard setback for the"as built"attached deck addition, and subject to the following CONDITIONS: 1. Approval of the as built deck by the Board of Town Trustees 2. - Submission of a revised survey showing the correct side yard setback for the as built deck 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(13) 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 ekpiration, grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Dantes, Horning, Goehringer. This Resolution was duly adopted(5-0). Leslie Kanes Weisman,Chairperson Approved for filing /,q0 /2016 ' Note: ALL SUBSURFACE STRUCTURES; UNAUTHORIZED ALTERATION OR ADDITION DRAWN BY JM CHEM er JM ,,. Area WATER SUPPLY, SANITARY SYSTEMS, TO THIS SURVEY IS A VIOLATION OF DRAINAGE, DRYWELLS AND UTILITIES, SECTION 7209 OF THE NEW YORK STATE CAD FEE DATE JULY 2021 SHOWN ARE FROM FIELD OBSERVATIONS EDUCATION LAW. O N ry� i 31 , 164 sq. AND OR DATA OBTAINED FROM OTHERS. COPIESLAND STHIS RVSURVEYOR'S FE INKED SEAL OR RING DRAWINCNo.: 21\NASSAU POINT OC� f 0.72 acres THE EXISTENCE OF RIGHTS OF WAY TOBBESADVALIDLTRHALLUE NO BE CONSIDERED AND/OR EASEMENTS OF RECORD IF QF APPE('� ' ANY, NOT SHOWN ARE NOT GUARANTEED. GUARANTEES INDICATED HEREON SHALL RUN 1D�11�G gOPRD ONLY TO THE PERSON O PREPARED, ANDON HIS BEHALF TSURVEY FTO THE IS TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI— /r.AD TUTION. GUARANTEES ARE NOT TRANSFERABLE. 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Jacqueline Marie Minto, L.S. 49 616 LICENSED PROFESSIONAL LAND SURVEYOR LICENSED PROFESSIONAL LAND SURVEYOR LANOS 20 0 10 20 40 80 NEW YORK STATE LIC. NO. 49866 NEW YORK STATE LIC. NO. 51085 Phone: (631) 724-4832 ( IN FEET ) P.O. Box 1408 Smithtown, N.Y. 11787 1 inch — T ft. BOARD MEMBERS ®�soSouthold Town Hall Leslie Kanes Weisman,Chairperson �� ��+® 53095 Main Road e P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes C.42 Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®I�OWN, � Southold,NY 11971 n �rE�V http://southoldtownny.gov p 6 M.6?N ZONING BOARD OF APPEALS Ot U L 2 0 2'h, 0 1 T►"' TOWN OF SOUTHOLD � Tel.(631)765-1809 a Fax(631)765-9064 Southold Town Clerks ; ; FINDINGS,DELIBERATIONS AND DETERMINA MEETING OF JULY 15,2021 ZBA FILE: #7513 NAME OF APPLICANT: Neil P. Stronski PROPERTY LOCATION: 7025 Nassau Point Road,(Adj.to Little Peconic Bay),Cutchogue,NY SCTM#1000-111-15-10 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 thru A 14-25,and the Suffolk County Department of Planning issued its reply dated April 23, 2021stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated May 21. 2021. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available, it is recommended that the proposed action is CONSISTENT with the LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject property is a nonconforming 30,556 square foot parcel located in a Residential R-40 Zoning District. The northerly property line measures 304.70 feet,the easterly property line measures 91.53_feet and is adjacent to Little Peconic Bay,the southerly property line measures 311.48 feet and the westerly property line measures 100.00 feet and is adjacent to Nassau Point Road. The property is improved with a one-story frame residence with an attached two car garage located at the basement level of the residence as shown on the survey map prepared by Nathan Taft Corwin III,LS and last revised March 116,2021 [sic]. BASIS OF APPLICATION: Request for Variance from Article XXIH, Sections 280-116A; and the Building Inspector's Notice of Disapproval based on an application for a permit to demolish and reconstruct a single-family dwelling; at; 1) located less than the code required 100 feet from the top of the bluff; located at 7025 Nassau Point Road, (Adj.to Little Peconic Bay)Cutchogue,NY. SCTM#1000-111-15-10. RELIEF REQUESTED: The applicant requests a variance to demolish(per Town Code definition)and reconstruct a single-family dwelling. The proposed construction, on this nonconforming 30,556 square foot parcel in the Residential R-40 Zoning District, is not permitted pursuant to Article XXII Section 280-116A(l),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 Page 2,July 15,2021 #7513,Stronski SCTM No. 1000-111-15-10 not fewer than 100 feet from the top of such bluff." The survey shows the construction at 28 feet from top of bluff. Architectural Plans submitted by the applicant and drawn by David Russell Black,Architects and dated March 20, 2021 shows the proposed partial second story addition over the existing footprint. . ADDITIONAL INFORMATION: The applicant will be installing a new Innovative Advanced(IA) septic system designed and approved by the Suffolk County Department of Health. The applicant will not be expanding the footprint of the dwelling further to the seaward side of the property and will be replacing the existing bluff steps. The first-floor expansion of the covered porch does not decrease the existing dwelling setback of 34 feet at its closest point to the foundation. The relief sought does not decrease the existing bluff setback. The applicant's representative submitted several prior comparable determinations located in the community for Top of Bluff setback relief,as listed: 47117—Hermer/Campo dated February 1,2018—Addition to dwelling at 67 feet setback. 47434—Weiland dated November 19,2020—Addition to dwelling at 36 feet setback. 46929—Stromski/Perez dated May 19,2016—Addition to wood deck at 20 feet. #7138—Teicher dated June 7,2018 --Grant for addition to dwelling,deny platform seaward of bluff. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing July 1,2021 on this application on at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Many of the residences in the neighborhood are similarly situated close to the bluff. ZBA decision#7434 was approved with a 33 feet distance from the bluff. Some homes are located closer to the bluff. The neighborhood keeps the bluff in good condition. Also, many of the homes in this neighborhood have been bought by new owners who are or have done renovations to update their residences. 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. Although deemed to be a demolition by the town code definition, the home exists in its current non-conforming bluff setback and that footprint is to be maintained so variance relief is required for the proposed additions and alterations, most of which are on the landward side of the dwelling. 3. Town Law&267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 72%relief from the code. However,the footprint of the dwelling will not be expanded seaward. The addition of a partial second story will allow the footprint to stay the same only with some updating. 4. Town Law &267-b(30)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code.Additionally,the applicant proposes to install an IA wastewater treatment system that will reduce adverse environmental impacts. 5. Town Law§267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. Page 3,July 15,2021 #7513,Stronski SCTM No. 1000-111-I5-10 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 additions to an existing dwelling for family comfort and use while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Acampora, seconded by Member Weisman(Chairperson), and duly carried,to GRANT the variance as applied for, and shown on the survey map prepared by Nathan Taft Corwin III,L.S., last revised March 116 [sic], 2021 and Architectural Drawings (9 Sheets) prepared by David Russell Black, Architect dated March 20,2021. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall install a Suffolk County Board of Health approved Innovative Advanced (UA)wastewater treatment system. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued The Board reserves the right to substitute a similar design that is de minim is 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 andlbr 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 andlor survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration,grant an extension not to exceed three(3) consecutive one(1)year terms. Vote of the Board: Ayes:Members Weisman (Chairperson),Acampora,Dantes,Lehnert,and Planamento(5-0). Leslie Kanes Weisman, Chairperson Approved for filing 7//6 /2021 BOARD MEMBERS % Southold Town Hall Leslie Kanes Weisman,Chairperson ®�80 Southold 53095 Main Road-P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes a� Town Annex/First Floor, Robert Lehnert,Jr. �► ® a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��C®Uh1 I Southold,NY 11971 hup://southoldtovnmy.gov ,:A IV ZONING BOARD OF APPEALS & �,•5 I PM TOWN OF SOUTHOLD N 0 V 2 3 2020 Tel.(631)765-1809-Fax(631)765-9064 C.G . FINDINGS,DELIBERATIONS AND DETERMINATI1$OUOid Tow* Clerk MEETING OF NOVEMBER 19,2020 ZBA FILE: 7434 NAME OF APPLICANT: Jane G. Weiland PROPERTY LOCATION: 6485 Nassau Point Road(Adj.to Little Peconic Bay),Cutchogue,NY SCTM#1000-111-13-11 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 thru A 14-2 and the Suffolk County Department of Planning issued its reply dated September 18, 2020 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated October 13,2020. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as well as the records available, it is recommended that the proposed action is recommended as CONSISTENT with the LWRP policy standards and therefore is CONSISTENT with the LWRP. The recommendation is based on the following: 1. The proposed additions are located further landward than the existing structure. 2. The proposed additions are not located within the FEMA Flood Zone. 3. The parcel is not located within the CERA. 4. Mitigative actions to further LWRP polices 4, Sand 6 are proposed. SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT: This application was referred to Suffolk County Soil and Water Conservation District (SCS&WCD) for review and comment and the SCS&WCD issued its reply dated October 22, 2020 indicating an inventory, evaluation and site visit occurred on October 20, 2020. It was observed that the property is well-vegetated in turf grass and other ornamental plantings. No major issues from the stormwater runoff were detected, despite several of the dwelling gutters downspouts being discharged at the surface, in the garden beds. The elevation slope of the property appears to flow from the northeast corner, towards the foot path located adjacently south/southwest to the property. No irrigations heads seem to be present near the bluff and there does not appear to be any significant erosion of the top of the bluff. There is a fence along the shole backend of the property, on the top of the bluff. The top and face of the bluff is well-vegetated in mix of native and invasive grasses, forbs, vines, and shrubs/trees. There does not appear to be any severe signs of bluff erosion,presently. The expansion of the existing single-family dwelling may influence an Page 2,November 19,2020 #7434,Weiland SCTM No. 1000-111-13-11 increased volume of stormwater runoff; therefore, proper procedures are followed to capture this higher volume of water as indicated on page SPI of the Proposed Site Plan. The north-side of the dwelling was measured as 10 feet from the property line but, does not seem to show any existing issues. During construction it is important to follow New York State Standards and Specifications for Erosion and Sediment Control to minimize disturbance to the site and bluff. Avoid putting any irrigation lines or pipes to discharge gray water near/on the top of the bluff. Any intentional discharge of water over the bluff is not recommended and can speed up the erosion process for the bluff. There is a. wooden deck present at the tow of the bluff, in between the two bulkheads,which seems to be in stable condition. There is currently no existing issues in the area of the proposed 6 foot fence. The area is very well vegetated and there seem to be no signs of runoff towards the bluff. PROPERTY FACTS/DESCRIPTION: The subject property is located on a conforming 52,413 square foot parcel (36,702 square foot buildable land) in the Residential R-40 Zoning District. The northerly property line measures 344.00 feet and the easterly property line measures 142.38 feet and is adjacent to Little Peconic Bay,the southerly property line measures 235.30 feet and is adjacent to East Club Drive which is an unimproved Right of Way that provides pedestrian access to Little Peconic Bay by way of a footpath. The westerly property line is 190.33 feet and is adjacent to Nassau Point Road. The property is improved with a one- and one-half story framed residence with a one story one car garage located in the northerly front side yard as shown on the survey map prepared by John T Metzger,LS dated May 1, 2020. BASIS OF APPLICATION; Request for Variances from Article IV, Sections 280-18, Article XXH, Section 280- 105A and 280-116A(l): and the Building Inspector's August 10, 2020, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and construct a six (6) feet high fence; at 1) located less the code required minimum side yard setback of 15 feet; 2) located less than the coded required minimum 100 feet from the top of the bluff, 3) fence is more than the code permitted maximum four(4)feet in height when located in the front yard; located at: 6485 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue,NY. SCTM#1000-111-13-11. RELIEF REQUESTED: The applicant requests variances to construct additions and alterations to existing single- family dwelling and to construct a six(6) foot high fence in the front yard. The location of the proposed dwelling addition is located at 36 feet from the top of the bluff where the Town Code does not allow improvement to be made at less than 100 feet from the top of the bluff; and the proposed side yard setback is 10.7 feet where the code requires a minimum of 15 feet side yard setback. Lastly, the proposed six feet high fence is not permitted in the front yard,where the code permits front yard fences not to exceed four feet in height. ADDITIONAL INFORMATION: The surrounding shoreline community was developed before the code changes in 2004 which first introduced the 100-foot bluff setback under the Town Wetlands Code (Chapter 275). In 2015 and 2017 the code extended the 100-foot bluff setback set forth in Town Zoning Code(Chapter 280)to bay bluffs; and zoning variances and/or wetland permits were required for nonconforming dwelling reconstruction and/or expansion subsequent to those code changes. The existing dwelling was built in 1957 and Iocated 33 feet from the bluff. A preexisting property located four properties to the north is located approximately 23 feet from the bluff. The applicant's representative submitted several prior ZBA decisions for properties in the area which granted reduced setbacks to the top of the bluff as follows: Appeal No. 6929,May 19,2016, for a deck addition located 20 feet from the bluff,Appeal No. 7003,December 15,2016 dwelling situated 34 feet from the top of the bluff; Prior relief for six feet high fences in the front yard has been granted to property owners as demonstrated in Appeals 42649 and # 7171. The applicant's representative explained that need for this sort of relief has become more relevant since foot paths and rights of way were created by the founders of Nassau Point for the purpose of improving community access to the Bay.The applicant will install a new Innovative Advanced (UA) Septic System more than 100 feet distance from the bluff and the old system will be removed Page 3,November 19,2020 #7434,Weiland SCTM No. 1000-111-13-11 The applicant's representative submitted an amended site plan, last revised October 14, 2020 depicting a minor change to the proposed I/A sanitary systems as required by the Suffolk County Department of Health Services. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 5,2020 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-bQ(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 neighborhood has granted similar relief to applicants in the past. This waterfront community has gone under a huge transformation with additions and alterations ongoing throughout the neighborhood. The request for additions and alterations to the preexisting one- and one-half story dwelling less than the 100 feet from the crest of the bluff and Iess than 15 feet from the northerly side lot line is consistent with the relief for other residences in the area that has been previously granted by this Board of Appeals. 2. Town Law X267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The proposed additions and alterations to the existing dwelling is consistent to the existing non-conforming setbacks. 3. Town Law &267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing a total of 68.3% relief from the code for top of bluff setback and 28.6% for side yard setback. However, the existing setback from the bluff is 36 feet where the code requires 100 feet and the side yard setback requires 15 feet when the existing setback is 9.5. The proposed expansion will remain in line with and not encroach further upon the existing bluff setback and side yard setback. The variance relief for the proposed 6-foot-high fence is substantial representing 100% relief from the code. However, the proposed privacy fence would be constructed along the subject property's functional side property line, which has been designated as a front yard, because it is adjacent to a private Right of Way. This "frontage" is in fact a narrow foot path that is grassy and leads to steps to the beach for homeowners in the neighborhood association. 4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. There should be no adverse impact on the only directly affected property to the north because the dwelling's existing partial upper story is already located 9.5 feet from the northerly lot line, so the northerly limit of the propose dormer addition would be set 1.2 feet farther from the lot line and will not increase the overall height of the dwelling. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law§267-b. Grant of or the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a additions and alterations and a 6 foot high fence while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Acampora, seconded by Member Weisman (Chairperson), and duly carried,to Page 4,November 19,2020 #7434,Weiland SCTM No. 1000-111-13-11 GRANT the variances as applied for, and shown on the Site Plan(Sheet SP1) prepared by Jeffrey T. Butler, P.E., P.C., last revised October 14, 2020, and Architectural Plans (Exterior Elevations A-401 & A-402) prepared by Nida Chesonis Lee,Architect, dated July 10,2020. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall install an Innovative Advanced OWT Sanitary system as certified by the Suffolk County Dept of Health Services. 2. Prior to receiving a building permit,the owner(s)of the subject property cited herein must sign a statement acknowledging that he/she/they have read this determination; understand the limits of the variance relief granted herein; and are aware that if a demolition occurs during construction,or any construction undertaken exceeds the scope of the approvals granted herein,the Zoning Board of Appeals retains jurisdiction and has the right,after a public hearing,to modify,suspend or revoke such approvals or any term or condition thereof or to impose thereon one or more new conditions,pursuant to Article XXV, Section 280-141 of the Town Code. 3. This approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the 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; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(8) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board; Ayes:Members Weisman(Chairperson),Acampora,Dantes,Lehnert, and Planamento(5-0). (�V eslie Ka es Weisman,Chairperson Approved for fling J//46 /2020 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson SOF so�Ty 53095 Main Road• P.O.Box 1179 � alp Southold,NY 11971-0959 Patricia DantesAcampra Office Location: Eric Dantes N Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento cour' I Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD October 4, 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 #: 7592 Owner/Applicant: Hovey, Catherine Action Requested: construct a deck addition with a partially recessed hot tub to an existing single family dwelling Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By: Encls. Survey/Site Plan: WSJS Architects, dated September 30, 2021 RRCHITMURC WSJSR CHIT CTS PERK I®Rs lRPdNttd(C 755 New York Avenue, Huntington,NY 11743 (631)351-1999 Fax: (631)351-1847 February 14, 2022 Zoning Board of Appeals Town of Southold 54375 Main Road P.O. Box 1179 - Southold, NY 11971-0959 Attn: Kim Fuentes IFIL6 Re: Hovey Residence 5775 Nassau Point road =: Cutchogue, NY SCTM No. 1000-111-13-5 Dear Ms. Fuentes, Per our telephone conversation and per your instructions, attached please find 2 full size, signed and sealed copies of drawings A1.0 and A2.0. As we discussed,these drawings are the full size copies of the drawings which have been revised to address the Zoning Board of Appeals suggestion that a 15' side yard be provided at the south side of the dwelling. The revision is noted as revision 1 with a revision date of 02-10-2022. Please don't hesitate to contact me if.I may be of any further assistance with regard to our application to the ZBA. Thank you. Sincer y, William A Scherer Cc: Catherine Hovey RECEIVED wsis ZONING INFORMATION OCT O 4 2021 SUFFOLK COUNTY TAX MAP#1000-111-13-05 LITTLEPE ZONE:R-00 LOT AF:F.A:31,164SF. FECONIC BAY BOARD OF APPEAL " "" " LOT IS NON CONFORMING.REFER TO ZONING SECTION 280.124-NON CONFORMING LOTS LESS THAN 20,000 SF. ZONING BOARD " �.-":""':""'"" :" '_ RAILING AROUND x - ---'"-"- ' - "�--� _.. DECK S STAIRS WOOD 5 TOTAL LOT AREA=31,164 SF,BLUFF AREA=6,656 SF,BUILDABLE LAND AREA=24,508 SF - � \LL��a,'�� FILE ALLOWABLE/REQUIRED EXISTING PROPOSED ..... ..._:.,... .. .. m�08'E L O.6ZWATE J TYP. ... . STE (A ONG 10 R .._.............._............_....... ......PROPOSED -_....:.... MINIMUM LOT SIZE 40.0005E 31.1645E 31,1645E .........._................".................._........_. DECK ......_....._............._._............. m " 6.TE MINIMUM LOT WIDTH 150 FT 100.3 r/-FT 700.3+1-FT ......_..:.............:.......__......... ............ ........""_._........._._._"......_......__. .__.."_...._...... BOTTOM OF BLUE ... .._..... ... - ..�...._..._...................................._....:....:_..................::.. - MINIMUMLOTDEPTH 175 FT 311.4.1.FT 311.4 _FT ... -- ........ - ...................................._......_........"......_._........ \O tW.- F_. MINIMUM FRONT YARD 50 146.1' 146.1' .............._......._......._............._..._....................... ......................................................._.....................:.._........................_...........................__.................. 10.8 NORTH SIDE. _........... s...._..._............._......_._....._......_....:........__,..............., ..........._..................._.........__._._..... ..',•..'.' ..'.' . ...._......."_.._1T........................................................................._,P.. _......._.......... MINIMUM SIDE YARD 15' 10.8'@ NORTH SIDE, 13.6'0 SOUTH SIDETO ........... ....................:......__.............._. ....._...._._.....__ ......................_._.............._............._.............._...._........ .. 15.8'®SOUTH SIDE PROP SED DECK. _ :•' ................................................................._......_....:.............._.................._........................_....:........................._..._.... o 102'TO PROPOSED STAIR _ _ _ p. LANDING SOUTH SIDE ' :...... _.............._.........................................._..........._..__._..._._.............._.... ........ 'p.................... .__............._p.................."... _.........._......_..._..4'-10'.........._.............._.T-0.....................1.2 TOTAL 2OS(TO DECK) ................................._............_.................._._..._..............._......... ..... 21'(TO STAIR LANDING) ....................Q4.................... _ .... MINIMUMREARYARD 50' 117.5+1- 117.5'+/-(TO HOUSE) - - - - 105.3'+/-(TO DECK) EXISTING .� _ �WOOD� �.¢ •. �.'I O MAXIMUM LOT COVERAGE 20% 12.5% 14.3% .._ .DECK _.... .. _ - - HOT _ DECKyU MAXIMUM BLDG HEIGHT 35' 32' 32' - 9~ BREAKFAST - I .• p''��o ) O - - gip- EXISTING NB r W p y1 t- ....._................... If ¢¢� G BUILDINGAREA 24,508 SFz2=4,901.6 SF 3072.8 SF. 3502.8 SF. . ,-,,,-, 4f' """'""' _4_....._ (PARTIALLY """' M (HOUS�,DECK B POOL) (HOUSE,DECK&POOL) .... .. RECESSED IN - N �. -C '.d�y rp '� Ta �Sf'• MINIMUM SETBACK FROM 24.3'+/-EXISTING 26.0'PROPOSED DECK) C7 100' SETBACKTOPOOU SETBACK TODECK EXISTING CFtA1tJ l�NK:..s. p �'-1 •`� Q bi}• -"��• TOP OF BLUFF _ STONEWALL, EXISTING SLIORS WINDOWS,NP. 38.4'+/-EXISTING DOORS �.. SETBACK TO HOUSE ................T �'" ""�' ______ ................m..........._..._.:........................_................... e- ,. ........._....�_.. .............._....... .............__...... TOP OF BW FF ��p 025 � c.N l sro. p ....... 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TANKS a 27.3' 0.1'N WSJS ARCHITECTS m IST FENCE ST PC. 9.. 75.7' AND GATE PARTIAL 2ND FLOOR/DECK PLAN D.TS 755 NEW YORK AVE.,HUNTINGTON,N.Y. 4 "eta Ix ___t______ STD. CANTIL S EXISTING 0'9N (631)351-1999 E LOOSE COBBLE STONE STONE CURB 10'2' T-11' STp- IST FENCE EXISTING STONE ORNEWAY 0.9'S AND GATE WALL,TYP. NEW COLUMN I LOT 41 PROPOSED LOT 39 I LOT 40 4.4'N ARCHITECTURE INTERIORS PLANNING 1T-6 10'2' T-17' NEW COLUMN OECKABOVE or sewn ee un+ fere vaavtmr NEW P.C.FOOTING 0-1-11 1— &PIER,'DOTTING E, +x, -`7 y ai \ // LSTONE I 7xE mxmnmoa sxuiwuFvw. L J \ / / \\ I WALL �UTILITY POLE \ I oaoa \ \\ tFcrox as r"m. / \ \ OPENING / / \ / �/ \ r LINE OFO CK AS VE / \ / y ACCES \ \ / \ EXISTING/ y \ \ _ o COLUMN/ 0 / \ N W COLUMN z.t•N CERT.NO. L\TTICEWORK SCREENED ENCLOSURE / I �t+� PROJECT NAME / L__ STONE SSE EX TING / AREAOFDROPPED / / O WALL OQ PROPOSED ALTERATION58ADOITIONS TO THE: FO TING / PORTION OF DECK W O ABOVE ATHOT TUB __ �FOGER� 5'-2 6-0 2 -LATTICE WORK WI 13 HOVEY RESIDENCE l(4' 4•" SCREENED W v o r__, r--1 o %/ j ENCLOSURE o EXIST L,"2.J L. J t / EXISTING °V- FOUNDATION I I WINDOWS,TYP. I i I Z Z I I U7 SCTM#1000-111-13-05 I I 5775 NASSAU POINT ROAD CUTCHOGUE,NY I 41/ s I I I I oe5 II I I DRAWING TITLE rZ I j N3-CCOLUMN i PLOT PLAN & I I ,WEL` ZONING NOTES I --- 2, I _______ P L__J L_ •E: ____ ___� i 4' I � T. �____ ___� EXISTING F r i i�i r i I I i I I i INTERIOR G'w r9N' I i I _ _\ PARTRION,TYP. `1' lj l i l i l i i l 10 46' C c.M! N 15°25'00"W UTILITY I I I i POLES )z l i l l J NEW STAIRS TO DRAWN BY DRAWING NUMBER -NEWSEXIST IABOVE AIRS EXISTING DECK EDGE PA -NT POINT ROAD CP FOUNDATION •-..,.•- CHKD BY ws PARTIAL FOUNDATION PLAN DECK FRAMING PLAN I �PLOT PLAN DATE /� . is Z w•=ra• 04/09Y81 I PROJ# 202115 SCALE ASNOTED RECEIVED wsis 1' OCT 0 4 2021 ZONING BOARD OF APPEALS i2tsty0 4, v p OF,t4s" � 9.30.2021 ISSUED TO IBA WSJS ARCHITECTS 755 NEW YORK AVE.,HUNTINGTON,N.Y. (631)351-1999 ARCHITECTURE INTERIORS PLANNING ® ® ®®® ® TM�eecaosecunaws`Q,e�v�s EXISTING .ae mNrnecma sww.vewn•w. ROOFING,TYP. µms EXISTING SIDING,TYP. PROJECT NAME C LI O I PROPOSED ALTERATIONS B ADDITIONS TO THE: NEW CABLE NG EXIST HOVEY RESIDENCE RAILING WIND S, SYSTEM 7yp, NEW DECK,TO BE SELECTED BY OWNER 2ND FLOOR EL, — SCTMg1000.7t1-13-OS 5775 NASSAU POINT ROAD CUTCHOGUE,NY NEW CABLE RAILING IN 11,® D ® ® DRAWING TITLE UU N I U N EXIST COLUMN PROPOSED DECK NEW STAIR TO PROPOSED S MIll DECK #L-L DESIGN I-- �EFE :100E :]E:l of GRADE DRAWN BY CP DRAWING NUMBER CHKD BY WS n DATE 03115121 (�L. PROJ# 202115 1 PROPOSE(DECK ELEVATION SCALE 11�•e-0• AS NOTED I BOARD MEMBERS �F SOUl Southold Town Hall Leslie Kanes Weisman,Chairperson �,� y� 53095 Main Road•P.O.Box 1179 l0 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes L,,:,...,•; �, Town Annex/First Floor, Robert Lehnert,Jr. • �� 54375 Main Road(at Youngs Avenue), Nicholas.Planamento IiYCOU Southold.,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS ' TOWN OF SOUTHOLD Febru 23 2022- Tel.(631)765-1809•Fax(631)765-9064 �' William A. Scherer WSJS Architeets. 755 New York Avenue Huntington,NY. 11743 RE: Appeal No.7592,Hovey 5775 Nassau Point.Road;Cutchogue: SCTM No. 1000-111-13-5 Dear Mr. Scherer; Transmitted for your records is a copy of the Board's February.l7, 2:022 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 determiration.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. Sincerely, Kim E.Fuentes Board Assistant Encl. cc: Building Department _y —JP.f1y� ���/✓��'j •tih �, 33 a2... ` ti 1Plcl ,� 3 2p l 5 �3 n .ads \ol \Paga M1b 18 h 19 OLC _MENHADEN y '6, M11 c X121 jj i6' 1y11P — c(�D8 s j4 M1 t .n t ya ♦ C �ht ;fl T7 1.1A(c) 3 �s 141 s:. PO syl 0 19 y 1� tt� seo,-.. 1.2A(c) 12 ty 0 t i� 16A(c) a` V, V" 5 gyp. c R 28 p 0 s _ 0 `\ 27 1NO1 ' 76 - 2.9A(c) 8 '� 1 13 1q.✓,y�* C7. 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'LINE _ - i N306.562 4S: , J.3A(c) O� 1 COUNTY OF SUFFOLK © N NOTICE Kf c- xn c5�;ur.T x. 1000 SECTION NO, E - � Real Ero)lert}'"C��s Service_'fit;cllcy r7�ANrENAIXE.arEw.noN SALE OR v :a IN E UI51R.eJTION CF AW PORTION OF THE +:t Fa TOWN OF SOUTHOLD .3!Ilt L'in/rr L),A,Rn'eth,x'v/,,4}'71QOi \, + SUFFOLK COUNT`!TAX NIAP IS PRGHBiIEU -"I 111 \\ A v p WITHOlT:1Rmmq PEFWssKfi OF THE p u; M —.—__ Fcc: S+ REAL PRCPERTY 1AX SHWICE AGENCY \;tJ.<r Y:LLl+:iE OF