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x:6Ll c- 00 Pkll:� Ave Gatti � I Ccs nem du- -ter our e .100iml e ya��, s bye �a e4 cilriy , �Q ®f a3 Peet . fsec 7 OL } Owner: HSA Holdings LLC File M 7589 Address: 2000 Park Ave Code: 17NP ' Agent Info Rob Herrmann/En-Consultants ` 1319 North Sea Rd Southampton , NY 11968 Phone: Fax: 631-283-6136 Email: rherrmann@enconsultants.com corl PIP 61-aq1 a l - Q . �JO K- BOARD MEMBERS �F $�Uj Southold Town Hall Leslie Kanes Weisman,Chairperson O�� y�! 53095 Main Road• P.O. Box 1179 O Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes ;,,{ �, Town Annex/First Floor, Robert Lehnert,Jr. • �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento IiYcou Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD F E B 2 2 2022 Tel.(631) 765-1809•Fax(631)765-9064 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF.FEBRUARY 17, 2022 ZBA FILE: #7589 NAME OF APPLICANT: HSA Holdings, LLC PROPERTY LOCATION: -2000 Park Avenue, (Adj. to treat Peconic.Bay) Mattituck,INY SCTM: 1000-123-8-7 - SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration .. in this application and determines that this review falls under.the Type IL category of the State's List of Actions,without further steps under.SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred-as required under the. Suffolk County. Administrative Code, Sections A 14-14 to 23, and the Suffolk. County Department of Planning issued its reply dated October 4,2021 stating that this application is considered a matter for local , determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION-. This application was referred for review under-Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards..The LWRP Coordinator issued a recommendation dated January 25, 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, conforming,: 42,603.37 square feet, .98 acre, waterfront parcel located in the R40 Zoning District measures 66.25 feet along Park Avenue,.then runs south.577.72.feetalong.a residentially-developed.lot to the east,then runs west.66.52 feet along the mean High:watermark ata wood bulkhead along Great Peconic Bay and continues southwest 24 feet along the same bulkhead and returns north 621.53 feet along a residentially developed lot to the west, back to Park Avenue. The lot is developed with,two, single-family residences: one to..the north.at Park Avenue and one to the south, overlooking the Peconic Bay.. The.-house closest to Park Avenue is a one-and-one-half story frame dwelling with two covered stoops, an accessory garage, paver patio, slate walkway and a shared asphalt driveway which runs from Park Avenue, past one residence and south, to the second residence. Subject of this application, the residential structure to the south, close to Great.Peconic Bay, a two-story frame dwelling with attached garage, a covered stoop, a slate stoop, brick patio and brick walkway and concrete walks.. Allowing access to the waterfront is a wood landing,wood steps crossing over a retaining Page 2, February 17,2022 #7589, HSA Holdings, LLC SCTM No. 1000-123-8-7 wall spanning the width of the lot to an on-grade wood deck and sand `terrace' immediately in front of the wood bulkhead. Wood steps allow access to the beach below the bulkhead. Two wood groins are also illustrated running perpendicular to the lot line into.the water. Chain-link fencing runs the length of the western lot line, all as shown on the survey by Kenneth M. Woychuck, Licensed Land Surveyor and dated February 25, 2021. BASIS OF APPLICATION: 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. RELIEF REQUESTED: The applicant requests variances to demolish and remove(the residential structure to the south of the subject parcel)an existing two-story, 1,444 square feet single-family dwelling and brick patio with an existing, non-conforming single side yard setback of 7.4 feet and an existing combined side yard setback.of 36.2 feet and to construct a new (relocated north of existing structure) two-story, 2,578 square feet single-family dwelling and attached garage, with 178 square feet of covered front porch and 520 square feet of covered rear(waterside)porch with a proposed single side yard setback of 12 feet where the Code requires a minimum setback of 15 feet and a combined side yard setback of 27 feet where the Code requires a minimum of 35 Feet. Additionally, the applicant proposes the removal of the existing sanitary system and will install:a new UA sanitary system;.install stormwater drainage.system and establish a 10 feet wide, non-turf buffer-along the top of the bank (above existing retaining wall and wooden bulkhead). Not subject to:this variance request,the applicant also proposes the construction-of a waterside pool(located behind the.proposed.residence in,a compliant rear yard location)measuring-15 feet by 37 feet, a 1;310 square..feet grade-level masonry patio and 4 feet high pool.fencing, all shown on site plan (Sheet A010)prepared by Jeffrey M. Sands,.Architect dated July 19, 2021. ADDITIONAL.INFORMATION: The applicant provided preliminary elevations labeled A200 and A210 'and a site.plan,prepared by Jeffrey Sands,Architect, and dated July 19, 2021. The applicant submitted a LETTER OF NO JURISDICTION—TIDAL WETLANDS ACT from the New York State Department of Environmental Conservation, dated September 1, 2021. An Innovative Advanced Septic Systems is proposed to be installed on the premises. The subject parcel is covered by the following Certificate of Occupancy: Z-14451 dated May 30, 1986 covering addition to an accessory building Z-19350 dated September 12, 1990 covering 2,one family dwellings with accessory garage The applicant provided.examples of prior relief granted for the immediate area including ZBA files:_#6248, #6029, and #7143. The applicant also indicated that the proposed relief will be in keeping with houses located at 2152,2200, 2934, and 3340 Park Avenue,Mattituck,NY; all immediate,bayfront, neighbors. An immediate_neighbor to the east and their attorney spoke against the proposed pool location.(not subject of this application)but did not voice an objection to the variance relief requested. No other member of the public spoke in favor of or against this application. Page 3, February 17,2022 #7589, HSA Holdings, LLC SCTM No. 1000-123-8-7 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 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 X267-b(3A)M. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Between the easterly end of Park Avenue to the east and Camp Mineola Road to the west, the surrounding developed bayfront shoreline is characterized by deep lots with side lot line lengths of 500 feet or more between the roadway and Great Peconic Bay, including the applicant's, which is 577 to 621 feet deep. Although the majority of these properties have lot widths of more than 100 feet, many have much narrower lot widths, similar to that of the applicant. Currently,the existing structure is located 7.4 feet from the western lot line. As part of the site's redevelopment, the applicant proposes to make the new construction more conforming to the Code and seeks to establish a single side yard of 12 feet, along with a combined side yard of 27 feet. Due to the substantial distance of the subject and neighboring dwellings-from Park Avenue,any potential visual impact associated with a reduced side and/or combined side yard setback will not be observable from the properties located on the opposite side of the road or to pedestrian and vehicular traffic. 2. Town Law X267-b(30)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to'pursue, other than an area variance. The.applicant is seeking to replace a narrow, less than 20 feet wide, outdated, aging dwelling, constructed prior to zoning, with a new, larger, modernized, energy efficient dwelling. While the proposed dwelling will decrease the degree of non- conformity of the existing minimum side yard setback and will'still be narrower than many of the dwellings located on other neighboring lots, the 72 feet width of the property makes full compliance with the code difficult. 3. Town Law§267-b(3)(b)(3). The variances granted herein are mathematically substantial,representing 20% relief from the code relative to the side yard setback and 22.9% relief from the code relative to the combined side yard setback.However,the applicant proposes to construct the proposed residence in a more conforming manner than currently exists and has provided evidence of similar relief granted in the immediate area for comparable bayfront residences with narrow, but deep, lot size. 4. Town Law§267-b(3)(b)(4).No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or.environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law X267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6.Town Law X267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the demolition and removal of the existing residential structure, located on the south of the subject parcel,with a non-conforming single side yard setback of 7.4 feet and an existing combined side yard setback of 36.2 feet and to construct a new (relocated north of proposed demolished structure), two-story, single-family dwelling and attached garage, with 178 square feet of covered front Page 4, February 17,2022 #7589, HSA Holdings, LLC SCTM No. 1000-123-8-7 porch and 520 square feet of covered rear(waterside)porch with a single side yard setback of 12 feet where the Code requires a minimum setback of 15 feet and a combined side yard setback of 27 feet where the Code requires a minimum of 35 feet,while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Planamento, seconded by Member Weisman(Chairperson), and duly carried,to GRANT the variances as applied for, and shown on the Site Plan (Sheet A010) and Architectural Plans (Preliminary Elevations Sheets A200 and A210),prepared by Jeffrey Sands,Architect,dated July 19,2021. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Subject to Town of Southold Trustees approval. 2. The second residence on the subject property(located.closest to the road) is not to be altered in anyway relative to this approval. 3. The applicant shall install an Innovative Advanced(UA) Sanitary System approved by the Suffolk County Department of Health. This approval shall not be deemed effective.until the required conditions have been met.At the discretion of the Board of Appealsfailure to comply with the above conditions may.render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. 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 Page 5,February 17,2022 #7589, HSA Holdings,LLC SCTM No. 1000-123-8-7 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 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) slip Kanes Weism , Chai erson Approved for filing x/2022 1 1 I 1 1 I 11 PLAN DERIVED FROM SURVEY BY NOTE: LOCATIONS OF EXISTING SANITARY AND SANITARY O KENNETH M. WOYCHUK LAND SURVEYING PLLC, PO J J WELLS PER WOYCHUK SURVEY. PERMIT J m ' PROPERTY AND NEIGHBORS WERE INITIALLY BOX 153, AQUEBOGUE, NY 2/25/2021 ' DESIGNED BY ED ARMUS ENGINEERING o 1 1 DEVELOPED IN THE 1950'S 1 1 Q I z W 1 1 � C o � � - zQ O CID O iZF �g" / n L.Lf -------------------------- { C/ 1� 4j Q N O C/) Q O m ti I I >- O O JWO LO 1 � O _—C� � � O J � � C) O � � NSC 1 W 1 O O zo W ~ O O wDO o o No additional/imported I �, � W 1 � J � �= fill required. I ouj X �' o 0 Xo> I LIJ O I I Q Z O v r l I � 1 �.�., W z z 1 W 1 o 1 m m z Zoo 11 J Q 1� O►-n I '10 � O �O �-------- ------------- _� o o TE " o Q 000 GR I S 11013 '00 " E cam; FENCE G LINE 0 c9 N �IHAIN LINK FENCE CHAIN LINK FENCE X11 577. 72 0.4 W. EVERGREEN HE GE ALONG C 1 1 I W W W ASPHALT CO 1EXISTING ASPHAL PROPOSED i-- (� I !• EXISTING ASPHALT J I -3_ 4' HIGH POOL 1 1 !DRIVEWAY TO ASPHALT + DRIVEWAY DRIVEWAY TO I + O CLOSURE `n J 3 1 + �- ��^ N • W REMAIN I DRIVEWAY J PR . BASEMEN W O ' 1 I I W�� W W W REMAIN W W W W W W—T_W W S ` FENCII�E i PROP. TEP 1 ENCLOSURE GH O _ PROP WATER SERVICE Z WI r ' �. W E V 19.5' ; FENCING W W I LINE �I ��\\ Z 42.75' i--- 12.0! �y� 19.75 z . I ELEV - `>Ey + I O 3 I o PROPOSED 2-STY, i _- 1 EXISTING c� • o�I l 6-BEDROOM WOOD O z f Q ! 1 9.5' FRAMED DWEWNG 1 _ ac ASPHALT O~ w I o 2 LtJ � I ( 5.0 a, M 9 _SWIMMING _�o Z m DRIVEWA z Jj J Z PROP. S FF ELEV i „' '- POOIa ~ I :F C3 w� o ° �. z I z O f 1 9.75`' 21.5' I }� ��SALTI�ATER u ti ow o (� - --__ OVERHEAD o _�i �' I �`' ---___ r—, - - ---L --- -# TRAION)- �� PROP. 10' � ---- 25.92' ELEV 21.25' --r v a _WIRES : o,� <----L� 520SF �- I NON-TURF p o t� V co _' ' x 178SF COVERED �n 1 i i 1 r- - ZOO 525 SQ FT ac + COVERED -c= +- BUFFER �' 0- 3 \� (n �:::: N O ::::,'J' c'-'� m 2 ' ELEV 19.5 PORCH 1 1 1 I a = .�: i' `� O ATTACHED 1 + 1 PORCH R . STEP I GR + !V O ® J L. Q U N:: ::•::•: ^ w ' r 0 + 1 M/ POOL DRY I 1 , ELE 19.5 + Q � W W �• :�:�:r;J:: -' I t k � o J N wElt �N GARAGE ON 16.0' i I 1 ELEV 21.25 : �° O� 0� I v Q �•� k �`! ^ Q : :: W , 0 W ' N � �� I i PROP. 1 ` S 0 SLAB ELEV 20.0 + 1 I P O W W ':22..4 ......... i `--' S � z+ p Pool " I i GRADE1 p0 D j 1� + �� a a :.•;.•:.:;. •:• :• 0 I------ - EQUIP. 16'-0' , I I i LEVEL -- i I u Z � - -- 25.92'.-tx) - 37.75 + I , 12.0' • 'S l sso oQ s Q Q:.••. CJ I - o PATIO --- oo:::::::: 8 a ELECTRIC - - P TEP r--- a Q::•::•::-:: "� I RO . ROPL S PT------I I �H 00 O ; z : c� ::.: : :. I j SERVICE �,�_ ELE 1 N 1 _ - ---�a 1 ob ji C1,106 O �/ /N L -n r) - - - - 20 - - - - - - - - 2 0 1 L--— --- L__1� --—� 4' HIGHPOOLI ng 000 I 0 /V00 HEDGE ALONG LINE 621 . 53 ' 4' HIGH POOL z � �� ENCLOSURE FENCING HEDGE ALO G LINE o �o 9 o 11 ° 13 '0 11 W �. � t ` �- � �`� o z 0 4*, • � to �� z 7 z ~ o 88 °32 ' 10 " W wO Q 4 O z Q n �� z Q � o moo caro 0 W � � � � Q O � � J �Q co Q O � Z Cts OZ C� O W � O O � O - W D = O �l O �� W 1- ? O 7 1-z 0 O �L-Li �OOti Om � Z � J � C� J � � � �_ � �C NIL 1L 1L t 1L OOK A �= O O v OSEAL Qz- LQ lb!0OAD 41 LQ Lij Lij ARCHITECT O __j O W )2� JEFFREY SANDS a w z S: ARCHITECT O 6 EVERGREEN LANE ELEV. 19.4 Q O � v EAST QUOGUE, NY 11942 OL DR BROWN PHONE 631.375.5997 LOAM �—� FAX 631.576.8916 EMAIL:JEFF@JSA-NY.COM SBROWN M LAYEY SAN 6.0' PROJECT PALE ,�� PETERS BROWN FINE RESIDENCE SP SAND TOWN OF SOUTHOLD LOT COVERAGE 2000 PARK AVENUE (BUILDABLE AREA 42,603.37 S.F.) DRY WELL VOLUMES FOR 2" RAINFALL MATTITUCK ROOFED AREA = 4858 S.F. FINAL MAP NEW YORK EXISTING LOT COVERAGE DATA PROPOSED LOT COVERAGE DATA REVIEWED BY ZBA DRAWING TITLE SE IE IE DECISION #-75B 2 STY. DWELLING W/COVERED STOOP: 1444 S.F. EXISTING SECONDARY DWELLING TO REMAIN: 865 S.F. RAINFALL VOLUME S �- NO WATER 1 112 STY. DWELLING W/COVER-D PORCHES: 913 S.F. EXISTING DETACHED GARAGE TO REMAIN: 408 S.F. [2"1(12"11 ')1 * 4858 SF = 810 CF DATEQ� / )� /�� SITEPLAN 17' DETACHED GARAGE: 408 S.F. PROPOSED DWELLING WITH GARAGE: 2578 S.F. LEACHING RING VOLUME NOV. 20, 2020 PROPOSED FRONT COVERED PORCH: 178 S.F. FOR 8' DIA. 0.D. x I ' DEPTH McDONALD GEOSCIENCE TOTAL: 2765 S.F. or 6.5% PROPOSED REAR COVERED PORCH: 520 S.F. PI * 7.33'-2 * 1/4 * 1 ' = 42.24 CF "`-° �"` PROPOSED SWIMMING POOL: 555 S.F. REQUIRED DEPTH OF 8' DIA. RINGS = , DATE ELEVATION DATUM: __________-____---____. (SEr NAVD88 TOTAL: 5150 S.F. or 12% 810 CF / 42.24 CF/FT = 19.2 FT 2 3 202 SCALE 1"=20' 17-19-2021 . O"I'�G C-0,1 R,,.) DRANANG NUMBER DEPTH OF RINGS PROVIDED = 6 FT ( ) S. C.T.M.# DISTRICT: 1000 SECTION: 123 BLOCK: 8 LOT: '7 2 - 8' DIA. x 3' DEPTH EA. 42 , 603 . 37 SQ , FT. or 0 . 98 ACRES 01 T-IL-r T- -T -TIM AR_ SHING 1__R00F4NG- AREA OF EXPOSED FOUNDATION 236 sq. ft SEP 2 3 2021 -CEDAR AREA 0 F BURIED FOUNDATION = 2037 sq. ft ._- -----SHINGLE ZONING BOAPD OF APPE^LE _R_ 00FING=_- # (TOTAL AREA OF FOUNDATION = 2273 sq. ft) - --= = z --- --_____» . Doo #t_= LrLTj LZ IC14 T STANDING SEEMPORCH ROOF -ISL I� L a1 T 7 TYI-I "717 7 -7- NATURALGRADE , --------- 7-, NATURAL GRADE SOUTH ELEVATION I- ( WA _ER SIDE I r� I I I 17 1 .... -1 ---- -CEDAR -SHIN It 11 =;;=ROCIFING=- I T-1 I i�NGL I I I 1-i ; -1 SEAL SI-7-7 1 1 t, _T_ y I *I I I I I I I 1 11 N T _ , FY I I I I I I I xtV Ty T 8_RRCK##D . -j-L lilt 11 T I -H-�TF, ARCHITECT T A -T ,lT JEFFREY SANDS j I I I y I T� ARCHITECT 6 EVERGREEN LANE Ty EAST QUOGUE, NY 11942 LLI PHONE 631.375.5997 L L Tj 1�T! FAX 631,576.8916 EMAIL:JEFF@JSA-NY.COM T=� _T I IT L.I IT _.Lj-T-Llr'-' I- I _y PROJECT�T4 PAINTED J It WHITE PETERS L Ty TRIM T T_ -T--T`TT-1 7 RESIDENCE 1111 fill 2000 PARK AVENUE MATTITUCK NEW YORK DRAINING TITLE BLUESTONE 4 1, ' ---- -- -NATURAL GRADE -------- - -- -1 j PRELIMINARY RED I I I I f i t 1 4 ; ; BRICK _F ELEVATION P OOL _F ► _F EAST ELEVATION 2 i I i I II s I I j Fj-171 _F SCALE DATE _F FINAL MAP 4!,,=I,-O, 7-19-2021 DRAWING NUMBER REVIEWED BY ZBA ETY T I---------------- L ---------- - ---------------=1 -- -- - ----- - SEE DECISION # .25�rl L__J L-�----- __J L-__J DATED Ij- ----------- ------ 7=- - 777.,— ------- —------ 7 SEP 2 3 2021 IAPD 0F PiN 2-'O',l 1 NG F, L I Ty I L I 1� 14-4 Ll -1- LT- Li 7 1 1 i i i I Y:Li. 00 YT' Tj H T! INN -3 J J T'l I I I I I I I I I I TTTTFTT-TT-F-FT7- I VT I I IT'T'�ly 7 1 1 NATURAL GRADE r. NATURAL GRADE NORTH ELEVATION 3- ( FRONT SIDE - r_ Ts_, _-_r.1-� i J T _T- -i-T- -T -T-- ---------- T SEAL L IIII- Tl I I I I I I J tTy NTYT'-Tl I "1 11-1 1 1 1. T' TT 'TIT' �T T-LI,Al T Al I I I -YARCHITECT 1 L, 11T -r-r JEFFREY SANDS t LIII J IT I I -j I IIIIIIIIIIII ARCHITECT �HT"ITYT-'-TY � �-ill ITTT L L 6 EVERGREEN LANE �T T EAST QUOGUE, NY 11942 -7 PHONE 631.375.5997 T FAX 631.576.8916 17 t I i I PROJECT T 1 -F T- PETERS II 4TT T T l L T'TRESIDENCE J'Y I I I I I I I I I 1 2000 PARK AVENUE 7 1 FT I MATTITUCK TYTI I T-w f 1 T M�y NEW YORK III Hill 1 11 111111 1 11 DRAWING TITLE L I TLI-yYT4wTlRI r 1 1 T--T- NATURAL GRADE Xv I PRELIMINAW ELEVAITON WEST ELEVATION 4 ►1 1 POOL DATE FINAL MAP SCALE -Oft 17-19-2021 DRAWNG NUMBER lREVIEWED BY -1 ===_______________________ —_____________________---- SEE DECISION # -76scl F -- DATED oZ I 17 I Qo=� S.C.T.M.# DISTRICT: 1000 SECTION: 123 BLOCK: 8 LOT: 7 LP LP LAND N/F OF LAND N/F OF MARK & JEFFERY WADE ANTHONY STUBELEK SCTMJ 1000-123-2-34 SCTMI 1000-123-2-35 DWEWNG W/WELL WATER DWEUJI4la /WWELL WATER I �i .Fx�740 WATER MAIN• +�• 1�1� PARK AVENU / CL 21.3 N 86) 7'00" F P 6 5 0.2'WP. 20 MON. 1 823.00' �? UY 0 r 0 °� 1 � � N O LPIn 0 ` 1 IXSEPT I LP I o -'WELL 1 ` `m 1 31�. ....2:::::::::: ` 1 \` COVERED y ` I :.JA .::::::.:::x . �:. .. 14.9' 4. :...... �� PAVER 1 1 PATO LP 1 1 .::18.2:i•::: / EL 19.8 1 ASPHALT r DRIVEWAY i ::....... ... . 1 1 Z �24• 1 1 1 EL 19.8 1 1 � 1 1 MON. 1 1 � 1 � 2 1 150' 1 1 m WELL 1 1 � o 1 1 N i 1 LAND N/F OF 1 PETER & BARBARA SWAHN 1 LAND N/F OF SCTMJ 1000-123-8-8.3 1 1 CUBBON FAMILY TRUST SC7M,I 1000-123-8-6 V.P. _ OVERHEAD WRES _ DWELLING U.P. — — DWELLING W/PUSLIC WATER 150, 1 I W/WELL WATER 1 100' LP 1 1 LP N 1 1 W I LP 1 1 I EL 19.3 1 1 _ ESEPTXISTING r 1 1 1 i 1 DWEWNG LP L 1 W/WELL WATER ASPHALT r DRIVEWAY � % 1 1 1 1 LP r ..70.4'; �_ EL 19.4 r 777nnn '.N �- 1 . ....�...•.E:..... ELEV. 19.4 DR BROWN OL LOAM LP �:': iEDwELtIHc. ED TOWN OF SOUTHOLD 1.0 LOT COVERAGE BROWN 1coven `:`:'"`:rr:'::.::`' (BUILDABLE AREA 42,603.37 S.F.) SM LAYEY SAN o srooP �o:::::': : ' •���:?::;;�:� :�:�8.'' 36.2 1 2 STY. DWELLINGW/COVERED STOOP: 1444 S.F. 6.0' 1 1/2 STY. DWELLING W/COVERED PORCHES: 913 S.F. PALE 7.6 �. . PSK 1 DETACHED GARAGE. 408 S.F. t7�.;•. : r+ TOTAL: 2765 S.F. or 6.5% BROWNFINE SP SAND I i 1 m LMON 0 30 60 90 L_ — Wppp o 0 t% Y .10t4 8)DUNor 1 NO WATER LMfDNJGN1� wNi 1 w NE vE(E� 77 77-777771 NOV. 20, 2020 17 6 FEMA MAP#36103CO482H McDONALD GEOSCIENCE �,�� S2 GW°�K , AREA:42,603.37 SQ.FT. or 0.98 ACRES ELEVA7701V DATUM; NAVD88 ';1 1giso �- wop0 P bb• ' UNAU7H01?IZED ALTERA7701V OR ADDITION TO THIS SURVEY IS A V10LA77ON OF SECTION 7209 OF 7HE NEW YORK STA IE EDUCA77ON LAW. COPIES OF THIS SURVEY MAP NOT BEARING 774E LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUD TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN Go ONLY TO THE PERSON FOR WHOM 7HE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 777L£ COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77YU77ON sWOOD LIS7ED HEREON, AND 70 THE ASSIGNEES OF THE LENDING INS7777J770N, GUARANTEES ARE NOT TRANSFERABLE. 774E OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE 774EY ARE NOT IN7ENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE 7HE EREC77ON OF FENCES, ADD1770MAL STRUCTURES OR AND 07HER IMPROVEMENTS EASEMENTS \v AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EWDENT ON 774E PREMISES AT THE 77ME OF SURVEY g N y,�y 00 <L p SURVEY oF:DESCRIBED PROPERTY CERTIFIED T0: HSA HOLDINGS LLC o Z S `n FILED N 88°32'10"W SITUATED AT:MATTITUCK EP ��' " `? 2021 TOWN OF:SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORKProfessional Land Surveying and Design THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL l4,fa� P.O. Box 153 Aquebogue, New York 11931 LOCA7701VS SHOWN ARE FROM FIELD OBSERVA71ONS FILE 11221-25 SCALE:1"=30' DATE:FEB 25, 2021PHONE (831)298-1588 PAX (631) 298-1588 AND OR DATA OBTAINED FROM OTHERS. N.Y.S. LISC. NO. 050882 t _ to( COUNTY OF SUFFOLK RECEIVED = S l ►��' OCT 0 5 2021 105 )ZI ZONING BOARD OF APPEALS OFFICE OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Commissioner Economic Development and Planning October 4, 2021 Town of Southold Zoning Board of Appeals 53095 Main Road , P.O. Box 1179 Southold,NY,119:71.-095.9. . Attn: Ieslie,Weisman . Dear M, s. Weisman Pursuant to the requirements of Sections A14-14 thruA.14-25 of the Suffolk County Admimstrat>ve Code; the following application submitted to the Suffolk County Planning ComMIS. ori is to_be a matter for local determination as there appears to be no'significant county=wide or inter-community.. impacts: A decision-of focal 'determination should not be construed as either an:approval or" 'disapproval. Applicant. Municipal File Number Joseph Polidora . #7583 Gregory Tuck #7585 The Alexandra Fox Stern 1997 Trust #7586 Pants View LLC'- #7587 Fredric Scofield Trust #7588 HAS Holding LLC #7589 Very truly yours, Sarah Lansdale Director of Planning By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG ■100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 fo �� ®F soy �. l�(�I�VOFFICE LOCATION: �� jiy® MAILING ADDRESS: r/ Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) QSouthold,NY 11971 G • Telephone: 631 765-1938 ,cOIyCOU NT`I, LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM °:r To: Leslie Weisman, Chair FEB '®1 20?.? Members of the Zoning Board of Appeals �C I nw, From: Mark Terry, AICP �'d `' . . Assistant'Town Planning Director LWRP Coordinator Date January 25, 2022 Re: LWRP Coastal Consistency Review for ZBA File Ref HSA HOLDINGS, LLC #7589 SCTM# 1000-123-8-7. 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. 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 proposal is not discordant with community character. 2. The increase of the setback from the top of bank. 3. The installation of a I/A OWTS and stormwater controls. 4. The installation of a 10' non-turf buffer landward of the bank consistent with previous Wetland Permits issued. 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 I RECEIVED FORM NO. 3 '?TSC/ (SEP 2 3 2021 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: August 24, 2021 TO: Robert E. Herrmann(HSA Holdings) 1319 North Sea Road Southampton, NY 11968 Please take notice that your application dated July 28, 2021: For permit to: demolish and reconstruct a single-family dwelling at: Location of property: 2000 Park Avenue, Mattituck,NY County Tax Map No. 1000 - Section 123 Block 8 Lot 7 Is returned herewith and disapproved on the following grounds: The proposed construction, on this conforming 42,603.37 sq. ft. lot in the R-40 District is not permitted pursuant to Chapter 280, Bulk Schedule for Residential Districts which requires a minimum side yard setback of 15 feet and a combined side yard setback of 35 feet. The construction will have a minimum side yard setback of 12 feet and a combined side yard setback of 27 feet. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. Fee:$ Filed By: Assigmnent No. RECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE SEP 2 3 2021 House No. 2000 Street Park Avenue Hamlet Mattituck TONING BOARD OF APPEALS SCTM 1000 Section 123 Block 8 Lot(s) 7 Lot Size 42,603 sf Zone-R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED August 24, 2021 BASED ON SURVEY/SITE PLAN DATED July 19, 2021 Owner(s): HSA Holdings LLC c/o Sean Peters, Member Mailing Address: 108 Remington Road, Manhasset, NY 11030 Telephone: 917-292-0540 Fax: Email:seanhp28@gmail.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative:En-Consultants for(x)Owner( )Other: Address: 1319 North Sea Road, Southampton, NY 11968 Telephone:631-283-6360 Fax:631-283-6136 Email:rherrmann@enconsultants.com Please eheck to specify who you wish correspondence to be mailed to,from-the above names: O Applicant/Owner(s), (x)Authorized Representative, O Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED July 19, 2021 and DENIED AN APPLICATION DATED July 23,2021 FOR: (x)Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: IV Section: 280 Subsection: 18 Type of Appeal. An Appeal is made for: (x)A Variance to the Zoning Code or Zoning Map. ( )A Variance clue 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 O has, (x)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# REASONS FOR APPEAL (Please be specific,additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby RECEIVED properties if granted,because: I g SEP 2 See attached addendum. 3 2021 ZONING BOARD OF APPEALS 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: See attached addendum. 3.The amount of relief requested is not substantial because: See attached addendum. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: See attached addendum. 5.Has the alleged difficulty been self-created? {x} Yes,or {} No Why: See attached addendum. Are there any Covenants or Restrictions concerning this land? {x} 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 commu city. Obert E. Herrmann Signatur Applicant or Authorized Agent (Agent must submit written Authorization tcom Owner) Sworn to before me this 217th day of Se tember 12021_. KIM H . STEPHEN NOTARY PUBLIC STATE OF NEW YORK COMMISSION N0 . 5015931 QUALIFIED IN SUFFOLK COU 07 TY EXPIRES AUGUST 2 , 2 REASONS FOR APPEAL ADDENDUM FORRECEIVED �� HSA HOLDINGS LLC 2000 PARK AVENUE SEP 23202, MATTITUCK,NY ZONING SCTM#1000-123-8-7 BOARD OF AppEALs 1) Pursuant to §280-18 (Bulk Schedule), minimum and total side yard setback relief is requested for the construction of a new,modernized, energy-efficient dwelling in place of the existing primary dwelling on the subject property. Specifically, a minimum side yard setback of 12 feet from the westerly lot line is requested where 15 feet is required; and as a result of a proposed 15-foot setback from the easterly lot line, a total side yard setback of 27 feet is requested where 35 feet is required. Granting of the relief requested to construct the new house with the above noted side yard setbacks will not produce an undesirable change in the character of the neighborhood. Between the easterly end of Park Avenue to the east and Camp Mineola Road to'the west, the surrounding developed bayfront shoreline is characterized by deep lots with side lot line lengths of 500 feet or more between the roadway and Great Peconic Bay, including the applicant's, which is 577 to 621 feet deep. Although the majority of these properties have lot' widths of more than 100 feet, many have much narrower lot widths. The applicant's parcel, for example, is roughly 72 feet wide, and the applicant's dwelling currently has a minimum side yard setback of 7.4 feet. And the similarly deep but narrow lots are similarly characterized by dwellings with nonconforming minimum and/or total side yard setbacks, such as to the east of the applicant at 2152, 2200, 2934, and 3340 Park Avenue. This condition is more common to the west of the applicant, where Park Avenue ends and Terry Path/Camp Mineola Road East Extension begins. Although most of the nonconformities on these narrow properties are, like the applicant's, preexisting because the properties were developed prior to adoption of the zoning code in 1957, several have been redeveloped more recently with the benefit of side yard setback variance relief. For example, relief was granted in 2009 for the reconstruction of the dwelling at 3605 Camp Mineola Road, with minimum and total side yard setbacks of 10 and 30 feet, respectively (Case No. 6248); and in 2012, relief was granted for the reconstruction of the dwelling at 200 Terry Path, with minimum and total side yard setbacks of 12 and 24 feet, respectively (Case No. 6029). The applicant's proposed minimum side yard setback of 12 feet would thus equal or exceed the minimum setbacks approved in both&those cases; and the proposed total side yard setback of 27 feet represents both the mean and the median of the total side yard setbacks approved in those cases. Other side yard setback variances have been granted in the neighborhood, such as the minimum and total side yard setbacks of 5.9 and 11.9 feet granted for 580 Terry Path in 2018 (Case No. 7143). But the 42' width of that lot is so much narrower than the applicant's that it is less comparable than 200 Terry Path, for example,which is 68 feet wide. The applicant's proposed minimum side yard setback of 12 feet also represents a 62%increase to the property's existing minimum side yard setback of 7.4 feet,which benefits the adjacent neighbor to the west. And although the new house would be situated closer to the easterly neighbor than the existing, the proposed 15-foot setback from the easterly lot line equals the required minimum side yard setback. Therefore, granting of the proposed relief should also not cause a detriment to either neighboring property owner. It is also worth noting that due to the substantial distance of the subject and neighboring dwellings from Park Avenue, any potential visual impact associated with a reduced total side yard setback will not be observable from the properties located on the opposite side of the road. Robert)!—Herrmann Sworn to before me this 20�' day of September,2021 KIM H . STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO . 5015931 1Page OUALIFIEO IN SUFFOLK COUNTY EXPIRES A 6 6 U S T 2 , 20�� SEP 2 3 2021 ZONING BOARD OF APPEALS 2) The applicant is seeking to replace a narrow, 17 to 20-foot wide, aging dwelling that was constructed prior to 1957 (see Pre C/O No. 19350) with a new, larger, modernized, energy efficient dwelling with attached garage and accessory swimming pool. And while the proposed dwelling will decrease the degree of nonconformity of the existing minimum side yard setback and will still be narrower than many of the dwellings located on other 40,000 sf lots in the neighborhood (including those of the two adjacent neighbors), the 72-foot width of the 42,603 sf property makes full compliance with the required side yard setbacks difficult. As complying with the required total side yard of 35 feet would require eliminating almost 20 percent of the width of the house, for example, the applicant is seeking reasonable setback relief for their proposed home that is consistent with relief that has been granted to other similarly configured properties in the neighborhood, as described above. 3) The three feet or 20 percent relief requested from the required 15-foot minimum side yard setback is not mathematically substantial and represents a 4.6-foot or 62% increase over the existing 7.4-foot minimum westerly side yard setback. The eight feet or 22.8 percent relief requested from the required 35-foot total side yard setback is not mathematically substantial, and it is not substantial in fact given the narrow lot width and consistency with similar relief granted for newly constructed dwellings on similarly configured lots in the neighborhood. Moreover, the proposed 15-foot setback from the easterly lot line equals the minimum required side yard setback from that property. 4) The project will have a beneficial impact on the surrounding physical and environmental conditions as a result of the project design and incorporated mitigation measures, which are intended to increase the dwelling's setback from Great Peconic Bay; improve treatment of septic waste; and control and recharge stormwater runoff, resulting in benefits to the environmental quality of groundwater, surface waters, and the adjacent shoreline and wetland ecosystem. a. The setback to the dwelling from the bulkhead and adjacent surface waters of Great Peocnic Bay will be increased by approximately 25 feet, from 87 to 112 feet. b. The existing conventional septic system will be removed and replaced with a low-nitrogen, UA sanitary system consisting of an UA OWTS located more than 225 feet from the bulkhead and surface waters of Great Peconic Bay. Unlike conventional systems,which are not designed or equipped to treat nutrients such as nitrogen, UA systems are designed to significantly reduce nitrogen loading into the groundwater and ultimately surface waters. c. A proposed stormwater drainage system is designed to capture and recharge roof runoff from the renovated dwelling; surface runoff from the driveway; and backwash from the proposed swimming pool. d. A 10' wide non-turf buffer area would be established and permanently maintained in place of existing lawn adjacent to the top of bank, thus increasing the depth of the naturally vegetated area landward of the bulkhead to more than 25 feet. e. Although not the subject of variance relief, the proposed swimming pool will be equipped with a saltwater filtration system,thus avoiding use of a traditional,high-chlorination treatment system. Robert E. errmann Sworn to before me this 20"' KIM H . STEPHEN S day of September, 2021 NOTARY PUBLI C STATE OF NEW YORK COMMISSION NO . 5015931 QUALIFIED IN SUFFOLK COUATY EXPIRES AUGUST 2 , 20�i5 2 � Page 1 ' f. A project limiting fence will be installed to contain site disturbance and potential surface runoff during construction. 5) Despite the challenge associated with the narrow lot width, the difficulty with conforming the proposed dwelling to the required side yard setbacks is arguably self-created, as the property was purchased by the applicant after the zoning limitations creating the need for variance were adopted, and it is therefore presumed that the applicant had actual or constructive knowledge of these limitations at the time of their purchase. RECEIVED ^��7 EP 2 3 2021 ZOfNG BOARD OF APPEALS Robert .Herrmann Sworn to before me this 20'h day of September, 2021 KIM H . STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION N0 . 5015931 OUALIFIE'D IN SUFFOLK COUNTY EXPIRES AUGUST 2 , 202 - - - - - - - - - - - - - - - -- - - - -3Page i . i RECEIVED �7s8q SEP 2 3 2021 APPLICANT'S PROJECT DESCRIPTION ZONING BOARD OF APPEALS APPLICANT: HSA Holdings LLC DATE PREPARED:September 20, 2021 1.For Demolition of Existing Building Areas Please describe areas being removed: Existing_2-story dwelling, patio, and driveway II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 45.29'(max.)x 91.67' Dimensions of new second floor: 45.29'x 49.6' Dimensions of floor above second level: N/A(attic space) Height(from finished ground to top of ridge): +/-32' Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: Yes, 9 inches III.Proposed Construction Description(Alterations or Structural Changes) NIA (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 2,765 sf Proposed increase of building coverage: 2,433 (5,198 sf total) Square footage of your lot: 42.603 sf Percentage of coverage of your lot by building area: 12.2% (proposed) V.Purpose of New Construction: To replace existing narrow,17 to 20'wide aging dwelling constructed prior to 1957 with a new, larger, modernized, energy efficient dwelling with attached garage and accessory swimming pool. VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): The land contours are relatively flat throughout most of property ggently sloping over a distance of more than 500 feet,from an elevation of 20'MSL at Park Avenue to an elevation of 18'MSL at the top of bank adjacent to the bulkhead shoreline of Great Peconic Bay. The land contours are unrelated to the need for variance relief. 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 r J" QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? g f Yes x No I SEP 2 3 2021 B. Are there any proposals to change or alter land contours? ZONING BOARD OF APPEALS x No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? Yes 2.)Are those areas shown on the survey submitted with this application? Yes 3.)Is the property bulk headed between the wetlands area and the upland building area? Yes 4.) If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction?No Please confirm status of your inquiry or application with the Trustees:Application to be submitted upon ZBA and if issued,please attach copies of permit with conditions and approved survey. determination. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Attached H. Do you or any co-owner also own other land adjoining or close to this parcel?No If yes,please label the proximity of your lands on your survey. I.. Please list resent use or operations conducted at this parcel Residential,2-story single-family with detached garagend secondary 1.5-story dwelling structure and the proposed use same,with new 2-story dwelling with attached garage and swimming pool (ex: existing single family,proposed: same. with garage,pool or other) September 20,2021 Aut for signature and Date WAIVER OF NOTICE OF ORGANIZATION MEETING (SEP 2 7 202 �O1V71VG'BOARD OFgppey, OF HSA HOLDINGS LLC I, The undersigned,being the Sole Organizer named in the Articles of Organization of the above limited liability company hereby agree and consent that the organization meeting thereof be held on the date and at the time and place stated below and hereby waive all notice of such meeting and of any adjournment thereof. Place of Meeting Date of Meeting Time of Meeting S e Organizer Scott J, Schuster f r N. Y. $.. DEPARTMENT OF S':' -E DIVISION OF CORPORATIONS r-uuD STATE RECORDS ALBANY, NY 12231-0001 FILING RECEIPT -- --------------------------------------------- ENTITY NAME: HSA HOLDINGS LLC DOCUMENT TYPE: ARTICLES OF ORGANIZATION (DOM LLC) COUNTY: SUFF FILED: 08/23/2013 DURATION:********* CASH#:130823000190 FILM #: 130823000180 DOS ID:4449894 FILER:. EXIST DATE ------ ---------- SERVICO INC 08/23/2013 PO BOX 871 ALBANY, NY 12201. ADDRESSFORPROCESS: RECEIVED ---------------------- THE LLC �� 108 REMINGTON ROAD (SEP .2 7 2021 MANHASSET, NY 11030 REGISTERED-----------------AGENT_ap W , � ZONING BOARD OFAPPCALS (�)4D Gf G3 P+��, � � t t' :A do T' 7 cr v t a" �` �'e �• vw VA3 The limited liability company is required to file a Biennial Statement with the Department of State every two years pursuant to Limited Liability Company Law Section 301. Notification that the biennial statement is due will only be made via email . Please go to www.email .ebiennial .dos.ny.gov to provide an email address to receive an email notification when the Biennial Statement is due. ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ SERVICE COMPANY: SERVICO - 35 SERVICE CODE: 35 FEES 225. 00 PAYMENTS 225. 00 FILING 200 . 00 CASH 0. 00 TAX 0. 00 CHECK 0 . 00 CERT 0 . 00 CHARGE 0. 00 COPIES 0 . 00 DRAWDOWN 225 . 00 HANDLING 25 . 00 OPAL 0 . 00 REFUND 0 . 00 --------------------------------------------=--------------------------------- ------------------------------------------------------------------------------ 50734 DOS-1025 (04/2007) R RECETWEID ARTICLES OF ORGANIZATIONd SEP 2 7 20121 OF ZONING BOARD OF APPFAL§ HSA HOLDINGS LLC Under Section 203 of the Limited'Liability Company Law THE UNDERSIGNED, being a natural person of at least eighteen (18) years of age and acting as the organizer of the limited liability company (the "company") hereby being formed under Section 203 of the Limited Liability Company Law of the State of New York certifies that:, FIRST: The name of the limited liability company is: HSA HOLDINGS LLC SECOND: The purpose of the limited liability company is: To engage in any lawful act or activity for which limited liability companies may be organized under the LLCL. THIRD: The county within the State of New York in which the office of the limited liability company is to be located is Suffolk. FOURTH: The Secretary of State is designated as the agent of the Company upon whom process against the Company may be served. The post office address to which the Secretary of State shall mail a copy of any process served upon the Company is: 108 Remington Road Manhasset,NY 11030 FIFTH: The Company is to be managed by one or more members. SIXTH: The Company shall have the power to indemnify, to the full extent permitted by the LLCL, as amended from time to time, all persons whom it is permitted to indemnify pursuant thereto. IN WITNESS WBEREOF, the undersigned has subscribed this certificate and hereby affirms the foregoing as true under the penalties of perjury. Dated: August 22, 2013 RECEIVED Scott l Schuster SEP 2 7 2021 Sole Organizer ZONING BOARD OF APPEALS 283 Washington Avenue Albany,NY 12206 ARTICLES OF ORGANIZATION OF RECEIVED HSA HOLDINGS LLC9 SEP 2 7 2021 ZONING BOARD OF APPEALS FILED BY: Servico Inc. P.O. Box 871 Albany,NY 12201 CUSTOMER REFERENCE: Acct# N. Y. S . DEPARTMENT OF S`� E d' DIVISION OF CORPORATIONS E•iivD STATE RECORDS ALBANY, NY 12231-0001 FILING RECEIPT - -- ------------------------ ENTITY NAME: HSA HOLDINGS LLC DOCUMENT TYPE: CERTIFICATE OF PUBLICATION (DOM LLC) COUNTY: SUFF FILED:11/08/2013 DURATION:********* CASH#:131108000637 FILM # :131108000584 FILER: •- ------ RECEIVED SERVICO, INC. P-O. BOX # 871 SEP 2 7 2021 ALBANY, NY 12201 ZONING BOARD OF APPEALS ADDRESS FOR PROCESS: -------------------- REGISTERED AGENT REG I S T ----------------- !r •ens.,+ b .. ".. - .; .,+ ,ti '. .;1 lo SERVICE COMPANY: SERVICO - 35 SERVICE CODE: 35 FEES 50 . 00 PAYMENTS 50. 00 -------- -------- FILING 50 . 00 CASH 0.00 TAX 0 . 00 CHECK 0 . 00 CERT 0 . 00 CHARGE 0. 00 COPIES 0 . 00 DRAWDOWN 50 . 00 HANDLING 0 . 00 OPAL 0 . 00 REFUND 0 .00 ----------------------------------------- ----------------------------------- - DOS-1025 (04/2007) t �E� SE RVICO 35 � SEP 2 7 2021 CERTIFICATE OF PUBLICATION -ZONING BOARD OF APPEAL' OF HSA HOLDINGS LLC Under Section 206 of the LIMITED LIABILITY COMPANY LAW The undersigned is the authorized person of HSA HOLDINGS LLC The published notices described in the annexed affidavits of publication contain all of the information required by Section 206 of the LIMITED LIABILITY COMPANY LAW The.newspapers described in such affidavits of publicationsatisfy the requirements set forth in the Limited Liability Company Law and the designation made by the county clerk. I certify the-foregoing statements to be true under penalties of perjury. DATED: October 31, 2013 Scott J. Schuster, Person duly authorized to sign . n AFFIDAVIT OF PUBLICATION Under Section#206 of the Limited Liability Company Law STATE OF NEW YORK County of Suffolk The undersigned is the authorized designee of John Kominicki/Publisher of The Long Island Business News, a weekly newspaper published in Ronkonkoma, New York. A notice regarding HSA HOLDINGS LLC was published in said paper once in each week for six successive weeks, commencing on 9/20/2013 and ending on 10/25/2013. The text of the notice as published in said paper is as set forth below, or in the annexed exhibit.This newspaper has been designated by the Clerk of Suffolk County for this purpose. Sworn to before me on this 25th day of.October, 2013 "Jennifer Travis Kathleen M. Lombardo Data&Online Content Manager Notary Public, State of New York 6264338 Commission Expires 06/25/2016 HSA HOLI)ING&LLC HSA HOLDINGS LLC Arti• clO of Org.filed NY Sec.of State(SSNY)8f23/13.Olfice in SulFolk Co. SSNY desig, agent,of LLC-4pon whom process may served. SSNY RECEIVED shall mail copy ofprocess to 108 - Remington Rd., 20�� Manhasset, NY 11030. Purpose; Any lawful. SEP `� 7 purpose. Principalbusiness location: 2000 .Park Ave.; BONING BOARD OF APPEHLS Mattituck,NY 11952. 3002.1025 2150 Smithtown Ave.•Suite 7 Ronkonkoma,NY 11779•(631)737.1700 h.tp:Ilwww.libn.com r RECEIVEDq l SERVICO 35 SEP 2 7 2029 ZONING BOARD OF APPEALS CERTIFICATE OF PUBLICATION OF HSA HOLDINGS LLC Under Section 206 of the LIMITED LIABILITY COMPANY LAW .DRAWDOWN SERVICO 35 FILER: SERVICO,INC. P.O. BOX#871 ALBANY,N.Y. 12201 RECEIVED OPERATING AGREEMENT OF I SEP 2 7 2021 HSA HOLDINGS LLC ZONING BOARD OF APPEALS This Agreement, dated as of September 2013, by and between the undersigned members, is hereby adopted as the written operating agreement of HSA Holdings LLC. WHEREAS,the Members desire to form a limited liability company known as HSA Holdings LLC(the "Company")pursuant to the New York Limited Liability Company Law;and WHEREAS, the Members desire to establish their respective rights and obligations pursuant to the New York Limited Liability Company Law in connection with forming the Company.. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are . hereby acknowledged,the undersigned Members agree as follows: ARTICLE I Definitions 1.1 Definitions. In this Agreement,the following terms shall have the following meanings: (a) "Articles of Organization"shall mean the Articles of Organization of the Company filed with the New York Department of State on August 23, 2013, as such articles may from time to time be amended. (b) "Capital Account" as of any'date shall mean the Capital Contribution to the Company by a Member,adjusted as of such date pursuant to this Agreement. (c) "Capital Contribution"shall mean any contribution by a Member to the capital of the Company in real property, cash, securities or a promissory note, or other obligation to contribute cash or securities. (d) "Code" shall mean the Internal Revenue Code of 1986, as amended, or any superseding federal revenue statute. (e) "Company"shall have the meaning set forth in the first recital. (f) "Distribution" means any cash and other property paid to a Member by the Company from the operations of the Company,or otherwise. (g) "Fiscal Year"shall mean the fiscal year of the Company,which shall be the year ending December 31. (h) "Manager"shall mean Sean H.Peters, or such other Person or Persons that succeeds them or any of them as Manager or Managers pursuant to this Agreement. (i) "Membership Interests" shall mean, with respect to the Company, the value of all Capital Contributions, and, with respect to any Member, the ratio of the value of the Capital Contribution of such Member to the aggregate value of all Capital Contributions. (j) "Member shall mean each Person who or which executes a counterpart of this Agreement as a Member and each Person who or which may hereafter become a party to this Agreement. (k) "Net Losses" shall mean the net losses of the Company, if any, as determined in accordance with generally accepted accounting principles consistently applied. (1) "Net Profits" shall mean the net income of the Company, if any, as determined in accordance with generally accepted accounting principles consistently applied. For the purposes of this Agreement, salaries paid to any Member or Manager shall not be included as part of the Company's Net Profits. (m) "New York Act"shall mean the New York Limited Liability Company Law. (n) "Person" shall mean any corporation, individual, limited liability company, partnership,trust,unincorporated association or other entity. (o) "Treasury Regulations" shall mean all proposed, temporary and finalpfrtions promulgated under the Code as from time to time in effect (�1 ARTICLE II ( SEP 2 7''2J202__11 Organization ZONING BOARD OF APPEALS 2.1 Formation. The Articles of Organization were executed by the Organizer on August 22,2013 and filed with the New York Department of State on August 23,2013. 2.2 Name. The name of the Company is HSA Holdings LLC. 2.3 Principal Place of Business. The principal place of business-of the Company shall be 2000 Park Avenue, Mattituck, New York The Company may establish any other places of business, as the Manager may from time to time deem advisable. 2.4 Term. The term of the Company shall be perpetual unless the Company is dissolved sooner pursuant to this Agreement or the New York Act 2.5 Purposes. The purposes of the Company is to participate in any lawful venture,including but not limited to, the purchase, transfer, ownership, lease and/or management of real property and the construction, demolition, renovation or addition of improvements thereon,. and to engage in all lawful actions and transactions necessary or appropriate for the accomplishment of its purposes. No business or activities shall be conducted if they are, or in any manner would be, forbidden by or contrary to any applicable law or to the rules or regulations lawfully promulgated thereunder. If any of the terms,conditions or other provisions of this Agreement shall be in conflict with any such applicable law, rule or regulation, such terms, conditions or other provisions shall be deemed modified so as to conform therewith. Each Member.agrees to comply with all such laws,rules and regulations. 2.6 The Secretary of State of New York is designated as agent of the Company upon whom process against it may be served,and the post office address to which the Secretary of State shall mail a copy of such process against the Company served upon him is 108 Remington Road, Manhasset, New York 11030. ARTICLE III Members 3.1 Names and Addresses. The names and addresses of the Members are as set forth in Exhibit A to this Agreement. t 3.2 Additional Members. A Person. may be admitted as a Member after the date of this Agreement upon the unanimous vote or written consent of all the Members. 3.3 Books and Records. The Company shall keep accurate and complete books and records, in which shall be entered all Company transactions. The accounts of the Company shall be kept in accordance with generally accepted accounting principles. The books and records of the Company shall be kept at its principal place of business and each Member shall,during regular business hours,have access thereto. The good will,if any,and the firm name of the Company shall not be recorded on the books of the Company as an asset, or be deemed to have any property value for the purpose of any accounting among the Members and, for any such purpose,furniture,fixtures,equipment,stationery and supplies,if any,shall be deemed to have the value as shown on the books and records of the Company. 3.4 Information. Each Member may inspect during ordinary business hours,and at the principal place of business of the Company,the Articles of Organization,the Operating Agreement,the minutes of any meeting of the Members and any tax returns of the Company for the immediately preceding three Fiscal Years. 3.5 Limitation of Liability. Each Member's liability-shall be limited asset forth in this Agreement, the New York Act and other applicable law. A Member shall not be personally liable for any indebtedness, liability or obligation of the Company, except that such Member shall remain personally liable for the payment of his,her or its Capital Contribution as such Member and as otherwise set forth in this Agreement,_ the New York Act and any other applicable law. 3.6 Priority and Return of Capital. No Member shall have priority over any other Member,. whether for the return of Capital Contributions or for Net Profits, Net Losses or a Distribution; provided, however, that this Section shall not apply to a loan or other indebtedness (as distinguished from a Capital Contribution)made by a Member to the Company. 3.7 Liability of a Member to the Company. A Member who or which rightfully receives the return of any portion of such Member's Capital Contributions is liable to the Company only to the extent now or hereafter provided by the New York Act A Member who or which receives a Distribution made by the Company in violation of this Agreement or made when the Company's liabilities exceed its assets (after giving effect to such Distribution) shall be liable to the Company for the amount of such Distribution. 3.8 Financial Adjustments. No Members admitted after the date of this Agreement shall be entitled to any retroactive allocation of losses,income or expense deductions incurred by the Company. RECEIVED ARTICLE IV qM Management I SEP 2 7 2021 4.1 Management Management of the Company shall be vested in the Manager(SIONING BOARD OF APPEAL- 4.2 - Number.Tenure and Qualifications of Manag_er(s). The number of.Managers of the Company may be amended from time to time by unanimous consent or written consent of all the Members. In the I vent of the death, disability, incapacity, bankruptcy or dissolution of a Manager, a replacement Manager may be elected by unanimous vote or written consent of all the remaining Members. Any such replacement Manager need not be a resident of the State of New York. 4.3 Powers of the Manager. Except as set forth in this Agreement,the Managers,individually or collectively, shall have power and authority, on behalf of the Company, to (a) purchase, lease or otherwise acquire from,or sell,lease or otherwise dispose of,to any Person,any property, (b) open bank accounts and otherwise invest the funds of the Company, (c) purchase insurance on the business and assets of the C) Company, (d) commence lawsuits and other proceedings, (e) enter into any agreement,instrument or other writing, (f) retain accountants, attorneys or other agents and (g) take any other lawful action that the Managers consider necessary, convenient or advisable in connection with any business of the Company. Notwithstanding the foregoing,the Manager(s) must obtain the unanimous written consent of all Members in order to sell, purchase, mortgage or otherwise encumber or leverage any real property owned, or to be owned,by the Company. 4.4 Binding Authority. Unless authorized to do so by this Agreement or all the Managers, no Person shall have any power or authority to bind the Company. No Person shall have any power or authority to bind the Company unless such Person has been authorized by the Managers to act on behalf of the Company in,accordance with the immediately preceding sentence. 4.5 Liability for Certain.Acts. The Managers shall perform their duties in good faith,in a manner they reasonably believe to be in the best interest of the Company and with such care as an ordinarily prudent person in a similar position would use under similar circumstances. The Managers, in performing such duties,shall not have any liability by reason of being or having been a Manager. The Managers shall not be liable to the Company or any Member for any loss or damage sustained by the Company or any Member, unless the loss or damage shall have been the result of the gross negligence or willful misconduct of any of the Managers. Without limiting the generality of the preceding sentence,the Managers do not,'in any way, guarantee the return of any Capital Contribution to a Member or a profit for the Members from the operations of the Company. 4.6 Duty to Company. The Managers shall devote such of their time and attention.to the business of the Company as they deem necessary and appropriate to fulfill their functions as Managers. The Managers may have other business interests in addition to those relating to the Company. 4.7 Indemnification. The Company shall indemnify and hold harmless the Managers from and against all claims and demands, including legal fees and expenses relating thereto, to the maximum extent permitted under the New York Act 4.8 Officers. The Managers may designate one.or more individuals as officers of the Company, who shall have such titles and exercise and perform such powers and duties as shall be assigned to them from time to time by the Managers. Any officer may be removed by the Managers at any time, with or without cause. Each officer shall hold office until his or her successor is elected and qualified. Any number of offices may be held by the same individual. 4.9 Salary.The Managers shall be entitled to receive an annual salary from the Company for their services. The amount of salary to be paid to each Manager shall be determined by the unanimous vote or written consent of all the Members. Prior to the end of the first year of this Agreement;the Members shall, upon due notice,hold a meeting at which time the salaries to be paid to the Managers during the a0dXear of this Agreement and thereafter shall be determined by all the Members. ARTICLE V �/� Meetings SEP 2 7 2021 ZONING BOARD OF APPEALS 5.1 This Company shall hold its annual Meeting of Members on January 2 or at such other time as shall be determined by vote or consent of Membership Interests,at the principal place of business or at such other place also determined by vote or written consent of Membership Interests, for the purpose of transacting such business as may come before such meeting. Special meetings may be called for any purpose by a Manager or any Member or group of Members holding not less than ten percent of the Membership Interest. 5.2 Whenever it is anticipated.that Members will be required or permitted to take any action by vote at a Meeting,written notice shall be given stating the place, date and hour of the Meeting, stating the purpose of such Meeting, and under whose direction such Meeting has been called. Such notice of Meeting shall be given personally or by first class mail,not less than ten(10) nor more than fifty(50) days before the date of such Meeting. Such notice of Meeting need not be given to any Member who submits a signed waiver of notice,in person or by proxy,whether before or after the Meeting. 5.3 A majority in interest of the Members,in person or by proxy, entitled to vote shall constitute a quorum at a Meeting of Members for the transaction of any business. The Members present, despite not being a quorum,may adjourn the Meeting. No notice of adjourned Meeting is necessary if the time and place of the adjourned Meeting is announced at the Meeting at which the adjournment is taken. At a Meeting in which a quorum is initially present, such quorum is not broken by the subsequent withdrawal of any Member, despite the fact that such withdrawal results in less than a quorum being present and all votes taken are binding upon the Members of the Company. All acts at a Meeting of Members at which a quorum is present, shall be the act of all the Members and be binding upon them, except such vote requires a greater proportion or number of membership interests pursuant to the New York Limited Liability Company Law, or the Articles of Organization or this Agreement. 5.4 A Member may vote in person by proxy executed in writing by a Member. Every proxy so executed shall be revocable at the will of the Member. Such proxy shall automatically be revoked, if prior to its use,the death or incompetence of the Member occurred,and notice of such death or adjudication of incompetence is received by the proxy holder. A proxy is presumed to be revoked,whether or not it is stated to be irrevocable, if the Member who executed such proxy,sells his,her or its Membership Interest prior to the date such proxy is scheduled to be exercised. 5.5 Whenever the Members of the Company are required or permitted to take any action by vote, such action may be taken without a Meeting,without prior notice and without a vote,if a consent or consents in writing, setting forth the action so taken shall be signed by the Members who hold the voting interest having not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting at which all of the members entitled to vote therein were present and voted and shall be delivered to the office of the Company,it principal place of business or a manager, employee or agent of the Company. Delivery made to the office of the Company shall be by hand or by certified or registered,mail, return receipt requested. 5.6 Every written consent shall bear the date of signature of each Member who signs the consent, and no written consent shall be effective to take the action referred to therein unless,within sixty(60) days of the earliest dated consent, delivered in the manner required by this paragraph to the Company,written. consents signed by a sufficient number of the Members to take the action are delivered to the office of the Company, its principal place of business or a Manager. Delivery made to such office, principal place of business or Manager shall be by hand or by certified or registered mail,return receipt requested. 5.7 Two or more Members may enter into a binding agreement, in writing and executed by the Members seeking to be bound,which provides that the Membership Interests held by them shall be voted in accordance with such Agreement or pursuant to any lawful procedure agreed upon by them. ARTICLE VI Capital Contributions 6.1 Capital Contributions. Each Member shall have contributed the amount set forth in Exhibit B to this Agreement as the Capital Contribution to be made by him,her or it. 6.2 Additional Contributions. No Member shall be required to make any additional Capital Contribution. RECEIVED SEP 2 7 2021 ZONING BOARD OF APPEALS 6.3 Capital Accounts. A Capital Account shall be maintained for each Member. Each Member's Capital Account shall be increased by the value of each Capital Contribution made by the Member,allocations to such Member of the Net Profits and.any other allocations to such Member of income pursuant to this Agreement. Each Member's Capital Account shall be decreased by the value of each Distribution made to the Member by the Company,.allocations to such Member of Net Losses and other allocations to such Member pursuant to this Agreement. 6.4 Modifications. The manner in which Capital Accounts are to be maintained pursuant to this Section is intended to comply with the requirements of Section 704(b) of the Code. If,in the opinion of the Managers,the manner in which Capital Accounts are to be maintained pursuant to this Agreement should be modified to comply with Section 704(b) of the Code, then the method in which Capital Accounts are maintained shall be so modified; provided, however, that any change in the manner of maintaining Capital Accounts shall not materially alter the economic agreement between or among the Members. 6.5 Deficit Capital Account. Members shall have a liability to restore all or any portion of a deficit balance in a Capital Account,which deficit arose by virtue of(I) a failure to contribute the amount set forth on Exhibit B, and/or (ii) withdrawals or distributions to such Member in excess of the amounts provided in Article VIII. 6.6 Withdrawal or Reduction of Capital Contributions. A Member shall not be entitled to receive back from the Company any portion ofhis, her or its Capital Contribution(s) until all indebtedness and liabilities of the Company, except any indebtedness, liabilities and obligations to Members on account of their Capital Contribution(s), have been paid and there remains property of the Company, in the sole discretion of the Managers, sufficient to pay them. A Member, irrespective of the nature of the Capital Contribution(s) of such Member, has only the right.to demand and receive cash in return for such Capital Contribution(s). Notwithstanding the foregoing, the decision to return some or all of a Member's Capital Contribution(s) shall only occur upon the unanimous vote or written consent of all Members, except in the event of the withdrawal of a Member from the Company due to death,permanent disability or dissol iWtR141RD which case,such Member's entire Capital Account,if any,shall be returned to him,her or it. -:?a I ARTICLE VII ( SEP 2 7 2021 Loans ZONING BOARD OF APPEkL§ 7.1 Loans. The Company,upon the unanimous vote or written consent of all the Managers, may make loans to a Member or Members. All such loans shall be evidenced by a promissory note made by the Member to the order of the Company,which note shall contain such clauses as are usual and common in such instruments, Including, but not limited to, the right to prepay without penalty of any kind. In addition, Members,upon the unanimous vote or written consent of all the Managers,may make loans to the Company. All such loans shall be evidenced by a promissory note made by the Company to the order of the Member, which note shall contain such clauses as are usual and common in such instruments, including, but not limited to, the right to prepay without penalty of any kind. ARTICLE VIII Allocations and Distributions 8.1 Allocations of Profits and Losses. The Net Profits and the Net Losses for each Fiscal Year shall be allocated to each Member in accordance with the percentages listed on Exhibit A annexed hereto. 8.2 Distributions. The Managers shall make Distributions to the Members of the undistributed Net Profits of the Company as soon after the expiration of the Fiscal Year as may be practicable. The , Managers may make Distributions to the Members equal to all or part of such Member's interest in the Company's Net Profits for the preceding calendar month. 8.3 Offset. The Company may offset all amounts owing to the Company by a Member against any Distribution to be made to such Member. 8.4 Limitation Upon Distributions. No Distribution shall be declared and paid unless,after such Distribution is made,the assets of the Company are in excess of all liabilities of the Company. 8.5 - Interest On and Return of Capital Contributions. Members' Capital Contributions shall not bear interest No Member shall be entitled to a return of his, her or its Capital Contribution, except as specifically set forth in this Agreement 8.6 Accounting Period. The accounting period of the Company shall be the Fiscal Year. ARTICLE IX Taxes 9.1 Tax Returns. The Managers shall cause to be prepared and filed all necessary federal and state income tax returns for the Company. 9.2 Tax Elections. The Company may make the following elections on the appropriate tax returns: (a) To adopt the calendar year as the Fiscal Year; (a) To adopt the cash method of accounting and keep the Company's books and records on the income tax method; (a) If a Distribution as described in Section 734 of the Code occurs, or if a transfer of a Membership Interest described in Section 743 of the code occurs, upon the written request of any Member,to elect to adjust the basis of the property of the Company pursuant to Section 754 of the Code;and (a) Any.other election that the Managers may deem appropriate and in the best interests of the Members. 9.3 Tax Matters Partners. The Managers shall collectively be deemed the"tax matters partner"of the Company pursuant to Section 6231(a)(7) of the Code. The Managers shall take any action as may be necessary to cause each other Member to become a"notice-partner"within the meaning of Section 6222 of the Code. ARTICLE X Transferability 10.1 General. No Member shall gift, sell, assign, pledge, hypothecate, exchange or otherwise transfer to another Person any portion of a Membership Interest or Capital Account without the prior written approval of all the Managers. RECEIVED ARTICLE XI Dissolution I SEP 2 7 2021 11.1 Dissolution. The Company shall be dissolved and its affairs shall be wound up,upon PLs unanimous vote or written consent of all the Members. 11.2 Winding Up. Upon the dissolution of the Company the Managers may,in the name of and-for and on behalf of the Company,prosecute and defend suits,whether civil,criminal or administrative, sell and close the Company's business, dispose of and convey the Company's property, discharge the Company's liabilities and distribute to the Members any remaining assets of the Company, all without affecting the liability of Members. Upon winding up of the Company,the assets shall be distributed as follows: (a) To creditors,including any Member who is a creditor,to the extent permitted by law, in satisfaction of liabilities of the Company, whether by payment or by establishment of adequate reserves,other than liabilities for distributions to Members under the New York Act; (b) To Members and former Members in satisfaction of liabilities for Distributions under the New York Act;and (c) To Members first for the return of their Capital Contributions to the extent not previously returned,and second respecting their Membership Interests. 11.3 Articles of Dissolution. Within one hundred and twenty days following the dissolution and the commencement of winding up of the Company, or at any other time there are no Members, Articles of Dissolution shall be filed with the New York Secretary of State pursuant to the New York Act. 11.4 Nonrecourse to Other Members. Except as provided by applicable law or as expressly provided in this Agreement, upon dissolution, each Member shall receive a return of his, her or its Capital Contribution solely from the assets of the Company. If the assets of the Company remaining after the payment or discharge of the debts and liabilities of the Company are insufficient to return any Capital Contribution of any Member,such Member shall have no recourse against any other Member. 11.5 Termination. Upon completion of the dissolution, winding,up, liquidation, and distribution of the assets of the Company,the Company shall be deemed terminated. RECEIVED - ARTICLE XII General Provisions I SEP 2 7 2021 12.1 Notices. An notice, demand or other communication required or ONLtt o g APPS��� Any q permittec��o�e given pursuant to this Agreement shall have been sufficiently given for all purposes if(a) delivered personally to the party or to an executive officer of the party to whom such notice, demand or other communication is directed or (b) sent by registered or certified mail, postage prepaid, addressed to the Member or the Company at his, her or its address set forth in this Agreement. Except as otherwise provided in this Agreement, any such notice shall be deemed to be given three business days after the date on which it was deposited in a regularly maintained receptacle for the deposit of United States mail, addressed and sent as set forth in this Section. 12.2 Amendments. This Agreement contains the entire agreement among the Members with respect to the subject matter of this Agreement,and supersedes each course of conduct previously pursued or acquiesced in,and each oral agreement and representation previously made,by the Members with respect thereto, whether or not relied or acted upon. No course of performance or other conduct subsequently pursued or acquiesced in, and no oral agreement or representation subsequently made, by the Members, whether or not relied or acted upon,and no usage of trade,whether or not relied or acted upon,shall amend this Agreement or impair or otherwise affect any Member's obligations pursuant to this Agreement or any rights and remedies of a Member pursuant to this Agreement. No amendment to this Agreement shall be effective unless made in a writing duly executed by all Members and specifically referring to each provision of this Agreement being amended. 12.3 Construction. Whenever the singular number is used in this Agreement and when required by the context,the same shall include the plural and vice versa, and the masculine gender shall inclu&the feminine and neuter genders and vice versa. 12.4 Headings. The headings in this Agreement are for convenience only and shall not be used to interpret or construe any provision of this Agreement 12.5 -Wai er. No failure of a Member to exercise, and no delay by a Member in exercising, any right or remedy under-this Agreement shall constitute a waiver of such right or remedy. No waiver by a Membet of any such right or remedy under this Agreement shall be effective unless made in a writing duly executed by all Members and specifically referring to each such right or remedy being waived 12.6 Severability. Whenever possible, each provision of this.Agreement shall be interpreted in such a manner as to be effective and valid under applicable law..However,if any provision of this Agreement shall.be prohibited by or invalid.under such law, it shall be deemed modified to conform to the minimum requirements of such law or, if for any reason it is not deemed so modified,it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder thereof or any other-such provision being prohibited,or invalid. 12.7 Bindin . This Agreement shall be binding upon and inure to the benefit of all Members, and each of the heirs, successors and assignees of the Members, except that no right or obligation of a Member under this Agreement may be assigned by such Member to another Person.without first obtaining the Written consent of all the Members. 12.8 Counterpart . This.Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. 12.9 . Governing Law. This Agreement shall be governed by,.and interpreted and construed in accordance:with,the laws of the State of New York without regard to principles of conflict of laws. 12.10 Further Assurances: Each party to this Agreement agrees to execute,acknowledge,deliver,file and record such further certificates,amendments,instruments and documents,and to do all such other acts and;things,as may be required by law,or as may,in the opinion of the Manager,are necessary or advisable to carry out the intents and purposes of this Agreement IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. Names Sean fI.Peters Title: Me#kber.&Manager- Name: Natalie I.Baxter Peters Title: Member RECEIVED SEP 2 7 NZI ZONING BOARD OF APPEALS EXHIBIT A Members(Name and Address Share of Net Profits&Net Loses: Sean H.Peters fifty percent(50%) 108 Remington Road Manhasset,NY 11030 Natalie I.Baxter Peters fifty percent(50%) 108 Remington Road Manhasset,NY 11030 RFCEIVED SEP 2 7 201 ZONING BOARD OF APPEND EXHIBIT B Member Capital Contribution Sean H.Peters Ten Dollars($10.00) Natalie I.Baxter Peters Ten Dollars($10.00) REc�iv�D� ZONING BOARD OF APPEP�S RECEIVED SEP 2 7 2021 RESOLUTION OF HSA HOLDINGS LLC ZONING BOARD OF APPEALS WHEREAS, at a special meeting of the Members and Manager of HSA Holdings LLC, (the "Company") a New York limited liability company, held on September , 2013, the following resolution was unanimously adopted: WHEREAS, HSA Holdings LLC has contracted to purchase certain real property known as 2000 Park Avenue in the Hamlet Mattituck, Town of Southold, County of Suffolk, designated as Suffolk County Tax Map.No. 1000-123.00-09.00-007.000 (the "Property") from Virginia Stype (the"Seller'); it is RESOLVED,as follows: 1. The Company shall tender to Seller the sum of Nine Hundred Thousand Dollars ($900,000.00) for the purchase of the Property upon receipt of a Bargain and Sale Deed with Covenants Against Grantors' Acts from the Seller conveying good and marketable title to the Company, as, in the judgment of the Members and Manager of the Company, said amount constitutes a fair and reasonable purchase price for the Property. 2. The Company shall pay at the closing of title all transfer taxes (as required by applicable law and the contract of sale) and other fees and expenses relating to the purchase of the Property. 3. The Company shall mortgage the Property at the closing of title in order to secure a Mortgage Promissory Note from the Company to Morgan Stanley Private Bank,NA, c/o PHH Mortgage, 1 Mortgage Way, Mount Laurel, NJ 08054 in the amount of Four Hundred Ninety-Five Thousand Dollars($495,000.00) [Loan No.6006773946],with the net proceeds of said loan being immediately paid to the Seller at the closing of title as a credit toward the purchase price. 4: The Members of the Company under this resolution hereby unanimously authorize Sean H. Peters, as Manager, to execute all documents necessary to complete the above described transactions including,without limitation,the following: a. TP-584 Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax; b. Peconic Bay Community Preservation Fund Tax Form; c. RP-5217 New York State Real Property Transfer Report; d. Mortgage Promissory Note and corresponding Mortgage in the amount $495,000.00; and e. 411 ancillary documents and/or affidavits reasonably required by the lender and/or the title company in furtherance of the aforementioned transactions. NOW THEREFORE, the undersigned parties have duly executed this resolution on the date first above written. SEAN H.PETERS,Member&Manager ,VW' Ll, NATALIE I.BAXTER PETERS,Member f RECEIVED IRS DEP RTME T OFFNUE SERVICE WE TREASURY (SEP 2i A 2021 INTECINCINNATI OH 45999-0023 • ZONING BOARD OF APPEAL Date of this notice: 09-05-2013 Employer Identification Number: 46-3580190 Form: SS-4 Number of this notice: CP 575 B HSA HOLDINGS LLC SEAN H PETERS MBR 108 REMINGTON RD For assistance you may call us. at: MANHASSET, NY 11030 1-800-829-4933 IF YOU WRITE, ATTACH THE STUB AT THE END OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN). We assigned you EIN 46-3580190. • This BIN will identify you, your business accounts, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records. When filing tax documents, payments, and related correspondence, it is very important that you use your EIN and complete name and address exactly as shown above. Any variation may cause a delay in processing,. result in incorrect information in your account, or even cause you to be assigned more than one- EIN. If the information is not correct as shown above, please make the correction using the attached tear off stub and return it to us. Based on the informationreceived from you or your representative, you must file the following form(s) by the date(s) shown. Form 1065 04/15/2014 If. you have questions about the form(s) or the due date(s) shown, you can call us at the phone number or write to us at the address shown at the top of this notice. If you need help in determining your annual accounting period (tax year), see Publication 538, Accounting Periods and Methods. We assigned you a tax classification based on information obtained from you or your representative. It is not a legal determination of your tax classification, and is not binding on the IRS. If you want a legal determination of your tax classification, you may request a private letter ruling from the IRS under the guidelines in Revenue Procedure 2004-1, 2004-1 I.R.B. 1 (or superseding Revenue Procedure for the year at issue). Note: Certain tax classification elections can be requested by filing Form 8832, Entity Classification Election. See Form 8832 and its instructions for additional information. A limited liability company (LLC) may file Form 8832, Entity Classification' Election, and elect to be classified as an association taxable as a corporation. If the LLC is eligible to be treated as a corporation that meets certain tests and it will be electing S corporation status, it must timely file Form 2553, Election by a Small Business Corporation. The LLC will be treated as a corporation as of the effective date of the S corporation election and does not need to file Form 8832. To obtain tax forms and publications, including those referenced in this notice, visit our Web site at www.irs.gov. If you do not have access to the Internet, call 1-800-829-3676 (TTY/TDD 1-800-829-4059) or visit your local IRS office. (IRS USE ONLY) 575B 09-05-2013 HSAH B 9999999999 SS-4 IMPORTANT REMINDERS: * Keep a copy of this notice in your permanent records. This notice is issued only one time and the IRS will not be able to generate a duplicate copy for you. You may give a copy of this document to anyone asking for proof of your EIN. * Use this EIN and your name exactly as they appear at the top of this notice on all your federal tax forms. * Refer to this EIN on your tax-related correspondence and documents. If you have questions about your EIN, you can call us at the phone number or write to us at the address shown at the top of this notice. If you write, please tear off the stub at the bottom of this notice and send it.along with your letter. If you do not need to write us, do not complete and return the stub. Your name control associated with this EIN is HSAH. You will need to provide this information, along with your EIN, if you file your returns electronically. Thank you for your cooperation. RECEWEQ (SEP 2 7 2021 ZONING BOARD OF APPEALS Keep this part for your records. CP 575 B (Rev. 7-2007) -------------------- ------------------------------------------------------------------------- Return this part with any correspondence so we may identify your account. Please CP 575 B correct any errors in your name or address. 9999999999 Your Telephone Number Best Time to Call DATE OF THIS NOTICE: 09-05-2013 ( ) - EMPLOYER IDENTIFICATION NUMBER: 46-3580190 FORM: SS-4 NOBOD INTERNAL REVENUE SERVICE HSA HOLDINGS LLC CINCINNATI OH 45999-0023 SEAN H PETERS MBR 108 REMINGTON RD MANHASSET, NY 11030 RECEIVED FORM NO. 4 7009 TOWN OF SOUTHOLD SEP 2 3 2021 BUILDING DEPARTMENT ZONING BOARD OF APPEALS Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-19350 Date SEPTEMBER 12, 1990 THIS CERTIFIES that the building 2 ONE FAMILY DWELLINGS Location of Property 2000 PARK AVE. MATTITUCK, N.Y.__ House No. Street Hamlet County Tax Map No. 1000 Section 123 Block 8 Lot 7 Subdivision Filed Map No. Lot No. conforms substantially to the requirements for Private One Family dwelling built prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCC. Z-19350 dated SEPTEMBER 12, 1990 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 2 ONE FAMILY DWELLINGS WITH ACCESSORY GARAGE The certificate is issued to VERNON STRUB (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL NO RECORD-PRE EXISTING UNDERWRITERS CERTIFICATE NO. NO RECORD-PRE EXISTING PLUMBERS CERTIFICATION DATED NO RECORD-PRE EXISTING *PLEASE SEE ATTACHED INSPECTION REPORTS. rJazz"', �-- /'� Bf1ilding Inspector Rev. 1/81 FORM NO.4 R~ECCEEIVEDq TOWN OF SOUTHOLD % lS ly / BUILDING DEPARTMENT SEP 2 3 2021 Office of the Building Inspector Town Hall ZONING BOARD OF APPEALS Southold,N.Y. Certificate Of Occupancy No. . . . .214.45.1 . . . . . . Date . . . . . . . .MaY. .3 4. . . . . . . . . . . . . . . . .. 198 6 . THIS CERTIFIES that the building . . . . ,4 d d iA 10 g, , , Location of Property .2D Q . . . . . . . . . . . . . . . Perk Ave. . . . . . . . . . . . . N4ttitu,ck House No. Street Hamlet County Tax Map No. 1000 Section . . . . . 1,2,3 . . .Block . . . . . . . . . . . . . .Lot . . . .7. . . . . . . . . . . . Subdivision . . . . . . . . . . .X. . . . . . . . . . . . . . . . . . .Filed Map No. . . .X. . . .Lot No. . . . . .X . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated p.c�t o b e r. .17. . . . . . . 19 .8.5 pursuant to which Building Permit No. 1 Z. . . . . . . . . . . dated . . . . . .Qc t ob.er. . 23. . . . . . . . . . . 19 . 8.5,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 . . . . . . . . . . . . . .Addi.tion. .t.o .arc.e-ssQ.r.y .Gu.i,1din.9•. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . . . . . . . . . . . . . . . . . .u>1RAW 9,. ATRUB , , , . . . . . . . . . . . . . . . . . . (owner,lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . . . . . . . . NAA . . . . . . . . . . . . . . . . . . . . . -UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . . . . . . . . NAA . . . . . . . . . . . . . . . . . . . . . Building Inspector , Rev.1/81 RECEIVED 73V � AGRICULTURAL DATA STATEMENT SEP 2 3 2021 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: HSA Holdings LLC 2. Address of Applicant:c/o Sean Peters, Member: 108 Remington Road, Manhasset, NY 11030 3. Name of Land Owner(if other than Applicant):Same as Applicant 4. Address of Land Owner:same as Applicant 5. Description of Proposed Project: See attached project description. 6. Location of Property: (road and Tax map number) 2000 Park Avenue Mattituck: SCTM #1000-123-8-7 7. Is the parcel within 500 feet of a farm operation? { ) Yes {x} No 8. Is this parcel actively farmed? { } Yes 14 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 naives 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. (Please us the back of this page if there are additional property owners) Robert E. Herrmann 9 / 20 /21 Signature o pplicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. RECEIVED HSA HOLDINGS LLC 2000 PARK AVENUE SEP 2 3 2021 MATTITUCK,NY SCTM#1000-123-8-7 ZONING BOARD OF APPEALS Demolish and remove existing 2-story, 1,444 sf single-family dwelling and brick patio; construct 2-story, 2,578 sf single-family dwelling and attached garage, with 178 sf covered front porch and 520 sf covered.rear,porch; construct 15' x 37' swimming pool (with saltwater filtration) and 1,310 sf grade-level masonry patio; install 4 high pool-enclosure fencing; remove and replace portion of existing driveway; remove existing conventional septic system and install new UA sanitary system; install stormwater drainage system; and establish and 10' wide non-turf buffer along top of bank, all as depicted on the site plan prepared by Jeffrey Sands Architect, dated July- 19, 2021. RECEIVED Short Environmental Assessment Form ?_�n9 Part 1 -Project Information SEP 2 3 2021 Instructions for Comnleting 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 fimding,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: HSA Holdings LLC Residence Project Location(describe,and attach a location map): 2000 Park Avenue,Mattituck,Town of Southold,SCTM#1000-123-8-7;located on s/s of Park Avenue,823'east of Marratooka Rd(map attached). Brief Description of Proposed Action: Demolish and remove existing 2-story,1,444 sf single-family dwelling and brick patio;construct 2-story,2,578 sf single-family dwelling and attached garage,with 178 sf covered front porch and 520 sf covered rear porch;construct 15'x 37'swimming pool(with saltwater filtration)and 1,310 sf grade-level masonry patio;install 4 high pool-enclosure fencing;remove and replace portion of existing driveway;remove existing conventional septic system and install new I/A sanitary system;install stormwater drainage system;and establish and 10'wide non-turf buffer along top of bank,all as depicted on the site plan prepared by Jeffrey Sands Architect,dated July 19,2021. Name of Applicant or Sponsor: Telephone:P 917-292-0540 HSA Holdings LLC E-Mail: seanhp28@gmail.com Address: c/o Sean Peters,Member;108 Remington Road City/PO: State: Zip Code: Manhasset NY 11030 1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that 1:1may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other govenunent Agency? NO YES If Yes,list agency(s)name and permit or approval:Town of Southold,Suffolk County Department of Health Services ❑ z 3. a.Total acreage of the site of the proposed action? 42,603 sf; b.Total acreage to be physically disturbed? +/-19,900s c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 42,603 sf 4. Check all land uses that occur on,are adjoining or near the proposed action: ❑Urban ❑ Rural(non-agriculture) ❑ Industrial ❑ Commercial m Residential(suburban) ❑Forest ❑ Agriculture m Aquatic ❑ Other(Specify): ❑Parkland Page 1 of 3 SEAF 2019 RECEIVED 5. Is the proposed action, 99 NO YES N/A a. A permitted use under the zoning regulations? S E P 2 3 2021 ❑ ✓❑ ❑ b. Consistent with the adopted comprehensive plan? ZONING BOARD OF APPEALS ❑ ❑✓ Li- NO NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? ❑ ❑✓ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES Names:Deep Hole Creek;Peconic Bay&Environs,Reasons:Significant coastal fish&wildlife habitat;protect If Yes,identify: rn,hlir health,water,vegetation R scenic heaiity,Agencies Southold Town-County of Suffolk,Dates-3-9-901 El7-12-88 FZ NO YES 8. a_ Will the proposed action result in a substantial increase in traffic above present levels? ✓❑ ❑ b. Are public transportation services available at or near the site of the proposed action? ❑✓ ❑ c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed 171 ❑ action? 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ❑ ❑✓ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: A new connection to the public water supply is proposed. ❑ ❑ 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: A new I/A OWT septic system is proposed. ❑ ❑ 12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State Register of Historic Places,or that has been determined by the 21 ❑ Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? • b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑ ❑ archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? 13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ ❑✓ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? F71 ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: Page 2 of 3 14. Identify the typical habitat types that occur on,or are likely to be found on the project site.Check all that apply: mShoreline ❑ Forest ❑Agricultural/grasslands ❑Early mid-successional ®Wetland ❑ Urban m Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or NO YES Federal government as threatened or endangered? ❑ ❑✓ 16. Is the project site located in the 100-year flood plan? NO YES El 0- 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, 71 ❑ a. Will storm water discharges flow to adjacent properties? ❑ ❑ b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? ❑ ❑ If Yes,briefly describe: 18. Does the proposed action include constriction or other activities that would result in the impoundment of water NO YES or other liquids(e.g.,retention pond,waste lagoon,dam)? If Yes,explain the purpose and size of the impoundment: ❑ ❑ -19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes,describe: W1 F-1 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed) for hazardous waste? If Yes,describe: I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/nam Robert E.Herrmann,En-Consultants Date:September 20,2021 Signature: Title:Coastal Management Specialist RECEIVED I SEP 2 3 2021 ZONING BOARD OF APPEALS PRINT FORM Page 3 of 3 c� •. ,: .�• - - -;;.; , r rte S`Uff®'I\: V o■ ' Map 45 - Joins :j�. t E`3:. 4 72°30'00 61 723045 72°3215" ° o .. f ,.-.5 . _ C3: .31'30a Qy` '°�2�.s PJ PO j v'� SUFF°LK ?vim, tUPrONt m y QP S °� ooh )�l% 3 y sr ptoN P°q VgN 4 Fein "� NEW NUE � � oo Poinr JTITL K I 90 SHO y n P y AVE N1tppL.E ,�o i` QSt c OR 9 TRK 48 v J i �o�' sr m a �. �•D ro 25 ,� ,�'� � �� ;{ n � U ota-� Is Mattituck a 5t MarratookaPt lily I o9 c� S Airport cEcttE ���— i L� 1 ! C\� p E.LE NAV l�1 ry' ,'KRPU50 pvO�S I pV // /�, o 90I P� ePg �� vOF� yF Park L' / E.Ext o°Bsoy � Site Accezz Via 5u6ject Property) `tit,. ,�P 4• �. �� <.�' • x Qa opo �N � MaWtuck District 9p00O F Park 'ark eaca I �a�o9 90�9s_ ®MCtiituck 5ffdk Courrw Nagztrom Map 4.46 2,000' C8(holic Daughters\\� RECEIVED of Amer SA OFFS �� IFLUj ' SEP 2 3 2021 ZONING BOARD OF AP EALS �• Oq Oq 1, r l i / C Oq O C6 O o 09 2 � o0 P a 9� \/l9 ,t rc, S GREAT PECON.IC BAY RECEIVED Board of Zoning Appeals Application ?n SEP 2 3 2021 AUTHORIZATION ZONING BOARD OF APPEALS (Where the Applicant is not the Owner) 1, Scan Peters,Member,HSA Holdings LLC residing at 108 Remington Rd. (Print property owner's name) (Mailing Address) Manhasset,IVY 11030 do hereby authorize (Agent) En-Consultants to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) Sean Peters,Member,HSA Holdings LLC (Print Owner's Name) Y f APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Sean Peters,Member YOUR NAME (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.N so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) RECEIVED Tax grievance Building Permit -�- Q Q Variance X Trustee Permit SEP J U f Change of Zone Coastal Erosion 23202, Approval of Plat Mooring ZONING Other(activity) Planning Bp ARD OFAPPEALS 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 day of 20� Signature Sean Peters,Member Print Name HSA Holdings LLC AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : Herrmann,Robert E. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) RECEIVED TYPE OF APPLICATION:(Check all that apply) 9 Tax grievance Building Permit Variance XXX Trustee Permit SEP 2 3 2021 Change of Zone Coastal Erosion Approval of Plat Mooring ZONING BOARD OF APPEALS Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 15th day of September 20 21 Signature Print Name Robert E.Herrmann RECEIVED Town of Southold i S $9 LWRP CONSISTENCY ASSESSMENT FORM EP 2 3 2021 A. INSTRUCTIONS ZONING BOARD OF AppE S 1, All applicants for permits* including Town of Southold agencies, shall complete this CCAF or proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significan beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 123 - 8 - 7 PROJECT NAME HSA Holdings LLC The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ® Board of Trustees ❑ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital ❑ construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Demolish and remove existing 2-story, 1,444 sf single-family dwelling and brick patio; construct 2-story,2,578 sf single-family dwelling and attached garage,with 178 sf covered front porch and 520 sf covered rear porch;construct 15'x 37'swimming pool(with saltwater filtration)and 1,310 sf grade-level masonry patio;install 4 high pool-enclosure fencing;remove and replace portion of existing driveway;remove existing conventional septic system and install new UA sanitary system; install stormwater drainage system;and establish and 10'wide non-turf buffer along top of bank,all as depicted on the site plan prepared by Jeffrey Sands Architect,dated July 19,2021. Pursuant to Southold Town Code§268-5 ("Review of Actions")and the corresponding definitions of"action" and"minor action"by §286-3 ("Definitions"),the proposed variance request meets the following definition of a minor action and should thus be determined to be exempt from waterfront consistency review pursuant to chapter 268: T.Granting of individual setback,lot line and lot area variances,except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA." Therefore,all policies are noted as being"Not Applicable." RECEIVED Location of action: 2000 Park Avenue,Mattituck SEP 2 3 20211 Site acreage: 42,603 sf ZONING BOARD OF APPEALS Present land USe:Residential,1-family dwelling w/detached garage;1-family dwelling w/attached garage,porches,patio&swimmng pool. Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: HSA Holdings,LLC (b) Mailing address: c/o Sean Peters,Member; 108 Remington Road Manhasset,NY 11030 (c) Telephone number: Area Code 917-292-0540 (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? NYSDEC C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ❑Yes1:1 No ® Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable €EP1VEB SEP 2 3 2021 Attach additional sheets if necessary -,epqffqG BOARD OF APPEALS Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes ❑ No M Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III- Policies Pages 8 through 16 for evaluation criteria Yes ❑ No M Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes 1:1 No M Not 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 M Not Applicable RECEry Ion 21 BONING Rfln� Attach additional sheets if necessary APPEALS Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's watI,-Aependent uses and promote sitin new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 5k for evaluation criteria. ❑ Yes ❑ No ® Not Applicable EP 23 201 BOARD OF APPFAI c Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No X Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PREPARED BY ° " '' TITLECoastal Management specialist DATE 9/20/21 Robert E.Hkinam Amended on 811105 HSA HOL' GS LLC,2000 PARK AVENUE,MAI 'UCK J _ 111 Palk Ave ir Google Figure 1. Aerial view of subject property and dwelling to be removed and replaced with new dwelling(located 25'farther landward), and swimming pool,and surrounding developed shoreline of Great Peconic Bay,in April 2021. Image by Google Earth. SEP 2 3 2021 i O'� 4 1 — t t IIIIIIIII '-k t� S -, � •i�r� .:::�• I� FJ�v.O 1-:.. ..:.....:..'z v......:..':tea.-...: -. . 1,a � Figure 2. Looking north at south/waterside of existing dwelling to be removed and replaced with new dwelling(located 25' farther landward);and at location of proposed swimming pool(within footprint of existing dwelling to be removed). HSA HOL: GS LLC,2000 PARK AVENUE,MAI TICK i _ r ,.. ' SEP 2 � _ 3 2021 1', s k' tk +a :7. i 41 i+I Y j4 L X1,1 r Figure 3. Looking east along top of bank(and location of proposed non-turf buffer)at applicant's dwelling to be demolished and replaced with new dwelling and pool(left);adjacent dwelling to east(center);and developed Great Peconic Bay shoreline to east. � 'TSP •Yo��<,�,t;e �C6,r.i.s1 I t Figure 4. Looking west along top of bank(and location of proposed non-turf buffer)at applicant's dwelling to be demolished and replaced with new dwelling and pool(right);and adjacent dwelling to west(center). TOWN OF SOUTHOLD PROPERTY7 /����, C A'R D OWNER STREET VILLAGE DISTRICT SUB. LOT D Es ORMER �NE� E ACREAGE sjQ a wpo� k k4- TYPE OF BUILDING ij s 1'.)fl"(A RES. SEAS. VL. FARM COMM. IND. CB. MISC. LAND IMP. TOTAL r)ATE REW ARKS 10.0famed ---- -9 29 oo 7� o oD 3 od i �, l/la./ �1= X9(0 / caia�.� 70 �-�JNG/CC NW -- 7 1 7�1_00--ulyt % -1 NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value Tillable I Tillable 2 Tillable 3 vVaodland z swampland ------------ -------- 'rushland 0 t House Plot 7 g Total + A , e M. Bldg. -� Y yS'� �S� ,� 2 7� `� Foundation Bath Extension Basement Floors Extension I ( Ext, Walls Interior Finish Extension Fire Place p t Heat f L' -,p�� _2X� 6 =_��� � __ •�- ---�'�_ _- Porch Attic N OT Porch Rooms 1st Floor Breezeway i Patio Rooms 2nd Floor G m Garage ''�� �' G - _Driveway /; 1 �; .'� t n O. B. o ^' TOWN OF SOUTHOLD PROPERTY R"r OWNER STREET VILLAGE DISTRICT SUB. LOT FORMER OWNER N E ACREAGE S W TYPE OF BUILDING 6e IES. SEAS. VL. FARM comm. IND. CB. misc. LAND IMP. TOTAL I DATE REMARKS 04 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE --- ------ Farm ------Farm Acre Value Per Acre Value Tillable 1 Fillable 2 Filic,ble 3 vVoodland )wampland ----------- D-ushlcind House Plot Q: P. 123.-8-7 03/2015 i 5�wl M. Bldg. ti '� 1'-- ?/ j Foundation Extension Basement Floors Extensionr - p L/ 3_ Ext. Walls f n _ Interior Finish r3� Extension �� Fire Place 'e Heat Porch Attic N O Porch -_ Rooms 1st Floor TCO y Breezeway Patio Room` 2nd Floor y o � m Garage / _ �.-c -mac: Driveway — ---- o rn 0 Ln f a ! 2 aurr NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Environmental Permits,Region 1 SUNY ❑ Stnny Broot.SO C•cIe Roan.S.ory U---ok.NY 11190 RECEIVED i' (631)444-0365 I F:(631)444-0360 q v�d •r r• q;"' 1 e e I SEP 2 3 2021 LETTER OF NO JURISDICTION TIDAL WETLANDS ACT ZONING BOARD OF APPEALS September 1, 2021 HSA Holdings LLC c/o Sean Peters, Member 108 Remington Road Manhasset, NY 11030 Re: Application #1-4738-04300/00005 HAS Holdings LLC Property — 2000 Park Avenue SCTM# 1000-123-8-7 Dear Applicant: Based on the information you submitted the Department of Environmental Conservation has determined that: The referenced property, landward of the functional bulkhead greater than 100 feet in length (as shown on the survey by Kenneth'M. Woychuk, dated 2/25/2021) and was constructed before August 20, 1977 (as shown;on the Tidal Wetland Map #708-538 and historic aerial imagery) is beyond Tidal Wetlands Act (Article 25)jurisdiction and no permit is required for work landward of this structure. Be advised, no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or disturbance within Article 25 jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the jurisdictional boundary and your project (i.e. a 15' wide construction area) or erecting a temporary fence, barrier, or hale bay berm. This better shall remain valid unless site conditions change. i Please note that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies or local municipalities. Sincerely, cl.G - Ec . Laura F. Star Permit Administrator cc: Robert Herrmann, En-Consultants BMHP File NEW YORK I Department of ovroniuwir I Environmental I Conservation MF EN-CONSULTANTS September 20,2021 Southold Town Zoning Board of Appeals RECEIVED Town Hall 53095 Main Road P.O. Box 1179 ! SEP 2 3 2021 Southold,NY 11971 Attn.: Kim Fuentes ZONING BOARD OF APPEALS Re: HSA Holdings LLC 2000 Park Avenue,Mattituck SCTM#1000-123-8-7 Dear Ms.Fuentes: Enclosed for review are ten(10) separate sets of the following for your review: 1. Notice of Disapproval dated August 24, 2021. 2. Office Check List. 3. Zoning Board of Appeals application including; a. Reasons for Appeal(4 page addendum), b. Applicant's Project Description, c. Questionnaire, d. CO#'s Z-19350, and Z-14451, e. Agricultural Data Statement(project description attached) f. Short Environmental Assessment Form, g. Owner's Consent, h. Applicant&Agent Transactional Disclosure Forms, and 4. LWRP Consistency Assessment Form. 5. Site Photographs. 6. Survey prepared by Kenneth M Woychuk Land Surveying,PLLC, dated February 25,2021. 7. Proposed site plan prepared by Jeffrey Sands Architect, dated July 19, 2021. 8. Elevation plan prepared by Jeffrey Sands Architect,dated July 19,2021 (reduced)plus two (2) full size sets. 9. Town property card. 10. NYS DEC Letter of Non-Jurisdiction#1-4738-04300/00005, dated September 1,2021. 11. Application fee of$1,000. I hope this information shall allow you to process our request. Should any additional information be required,please do not hesitate to contact our office. Sincefe`ly, Robert .Herrmann Coastal Management Specialist v /khs Enc. 1319 North Sea Road Southampton,New York 11968 p 631.283.6360 f 631.283.6136 www.enconsuitants.com environmental consulting ELIZABETH A.NEVILLE,MMC �� r/y Town Hall,53095 Main Road TOWN CLERK C P.O.Box 1179 ti Z Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS & .� Fax(631)765-6145 MARRIAGE OFFICER �� � Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER � FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: September 28, 2021 RE: Zoning Appeal No. 7589 Transmitted herewith is Zoning Appeals No. 7589 En-Consultants for HSA Holdings LLC: �Notice(s) of Disapproval The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire rr �,,,'Correspondence- 1/1J 2 k _,,,"Certificate(s) of Occupancy Building Permit(s) Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, etc.) _�Misc. Paperwork- AfP.cItS of _Oro ?A cry CE L.LC— 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- -+r0 tM� Survey/Site Plan Drawings { Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 09/28/21 Receipt#: 287259 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7589 $1,000.00 Total Paid: $1,000.00 Notes: Payment Type Amount Paid By CK#8310 $1,000.00 En-Consultants Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Peters, Sean HSA Holdings LLC 108 Remington Road Manhasset, NY 11030 Clerk ID: JENNIFER Internal ID:7589 ' I BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��rjf so 53095 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 ! `' James Dinizio,Jr. Office Location: ' u Gerard P.Goehring Town Annex/First Floor,Capital One Bank George Horning • �O 54375 Main Road(at Youngs Avenue) Ken Schneider \ cvm� Southold,NY 11971 http://southoldtown.northfork-ndt TEELV . ZONING BOARD OF APPEALS ,_ TOWN OF SOUTHOLD DEC 2 V` Tel.(631)765-1809 Fax(631)765-9064 • � .. Southold Town air FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 20,2012 ZBA FILE: 6029 NAME OF APPLICANT: EUGENE L. DANERI(KATHERINE DANERI) SCTM#1000-123-6-14 PROPERTY LOCATION: 200 Private Road#17,(aka Terry Path),Mattituck RESOLUTION OF THE BOARD: motion was offered by Member Weisman (Chairperson), seconded by Member Schneider,and duly carried,to GRANT, the requested variances for an easterly single side yard setback of 12 feet with the "dormer" (Bay window)setback of 10 feet, a westerly single side yard setback of 12 feet with a"dormer"(bay window)setback of 11.1 feet and a bulkhead setback of 30 feet for a proposed two-story dwelling in accordance with the judgment of the Supreme Court, Suffolk County(Spinner,J.),dated October 13,2010 and affirmed by the decision and order of the Appellate Division, Second Department dated August 1, 2012 and as shown on the survey stamped received by the Board of Appeals August 16, 2007 as follows: survey dated June 20, 2006 last revised August 16, 2007 prepared by Nathan Taft Corwin, *111 LS., and the correspondence received from Suffolk Environmental Consulting,Inc. dated August 16,2007; GRANT, the requested variance for a proposed accessory garage 10 feet from the easterly side lot line, in accordance with the Board's determination of September 27, 2007 and as shown on the drawings stamped received by the Board of Appeals on August 16,2007 as follows: proposed garage plan dated August 15,2007 as pages A1- 3 prepared by Mark K. Schwartz, Architect and the correspondence received from Suffolk Environmental Consulting, Inc.dated August 16,2007. 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. Vote of the Board: Ayes:Members Weisman(Chairperson),Goehringer,Dinizio,Schneider,Horning. This Resotion was duly adop (5-0). V Leslie Kanes Weisman,Chairperson Approved for filing I2-/- !-G/2012 xA APPEALS BOARD MEMBERS "� Mailing'Address: James Dinizio,Jr., Chairman 1 0��0�$f�UTyOI Southold Town Hall ti O 53095 Main Road-P.O. Box 1179 Gerard P.Goehringert Southold,NY 11971-0959 Ruth D. Oliva H Office Location: Michael A. Simon %, iQ Town Annex/First Floor,North Fork Bank Leslie Kanes Weismanl�Ow ' 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD CT - 007 Tei.(631)765-1809-Fax(631)765-9064 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 27, 2007 ZB File No. 6029 -KATHERINE DANERI Location of Property: 200 Private Road#17, or Terry Path (extending easterly of Camp Mineola Road) in Mattituck; CTM Parcel No. 123-6-14. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further review under SEQRA. RELIEF REQUESTED: Request for Variances under Sections 280-114, 280-15B, D; F, and 280- 116 based on the Building Inspector's October 31, 2006 Notice of Disapproval amended June 19, 2007, concerning two proposed buildings after demolition of the existing building: (1) a single- family dwelling, after demolition of the existing building, proposed with a single side yard at less than 15 feet, less than 35 feet total side yards, less than 75 feet from the bulkhead; and (2) an accessory garage with proposed roof dormers exceeding the 40% width limitation,-with a setback at less than the code required 15 feet minimum from the side property line, and with a height exceeding the 22 ft. code limitation. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated July 26, 2007 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: TOWN CODE CHAPTER 95 (268) LWRP DETERMINATION: The applicants are requesting a new dwelling and accessory garage construction in new locations, after demolishing the existing buildings on the property. The requested construction is not consistent with Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards, and reasons stated in the LWRP Coordinator's letter to the Zoning Board of Appeals dated May 14, 2007, stating the plan offered by applicant in this application does not include alternative setbacks which would bring the new construction into greater conformity with the codes. The plan offered by applicant does not reasonably eliminate the bulkhead setback nonconformity and creates a new ' i F I Page 2–September 27,2007 ZB File No.6029-KATHERINE"-4ARI CTM Parcel No. 123-6-14 nonconformity after demolition of the existing buildings. The location requested is +/- 30 feet from the bulkhead adjacent to the shoreline, which does not minimize potential loss and damage from flooding and erosion hazards, or minimize losses of human life and structures from flooding and erosion hazards. The policies and standards require the greatest reasonable degree of conformity with the Zoning regulations, as well as the LWRP, which, mandates the highest 'standards of coastal erosion/wetland/water bodies protection approved by New York State and Southold Town. ADDITIONAL INFORMATION: Most of the homes in the applicant's immediate area were located more than 60 years ago and in current nonconforming setback locations. This section consists of many long, relatively narrow waterfront lots with cottage type or older, stately summer homes, the majority of which are nonconforming, although updated in the past. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing August 2, 2007 (and extended the time to receive written submissions by August 31, 2007), at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants' property consists of 40,505.94 square feet, 623 feet in depth, and varies between 62 and 67 feet in width. The property currently is improved with a single-family dwelling, accessory building in disrepair, an accessory carport structure, and a shed. The applicants desire to build a new 3,537 square foot dwelling in a location that will maintain panoramic views of the water, enjoyed in the home that the applicant proposes to demolish, and to construct a new garage, after demolishing the existing accessory buildings. The applicants' original map dated March 28, 2007, prepared by Joseph A. Ingegno, shows proposed new construction for the dwelling closer than 30 feet to the bulkhead, measured from the extended southerly step areas, and 10 feet from the new foundation and 8 feet between the cantilevered section to the side property line, and 8.8 feet from the westerly side line. Also requested is a new garage, proposed on the original map dated March 28, 2007 at five feet from the easterly side line instead of the code-required minimum 20 feet from the side property line, a proposed height exceeding 22 feet in height, and proposed dormers exceeding the code limitation of 40%. AMENDED VARIANCE RELIEF REQUESTED: The applicants amended their application at the august 2, 2007 public hearing and confirmed in a letter dated August 16, 2007, withdrawing their requests for variances concerning the dormers and concerning the height variances. The applicant also offered for consideration an amendment on a garage site survey map to show more conformity, proposing a 10 ft. setback from the side line, instead of the code-required 15 ft. setback. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 3—September 27,2007 ` ZB File No.6029-KATHERINE DRRI CTM Parcel No. 123-6.14 1. Town Law §267-b(3)(h)(3)(1). Grant of the area variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The existing character of the neighborhood is characterized as that of structures that have pre- existing non conforming setbacks which our code seeks to eliminate over time by requiring that any new construction be made to substantially conform to the code. These pre-existing structures are generally older and smaller than the new home construction proposed by applicant. Grant of a substantial increase, as applied for, will have the undesirable effect on the neighborhood of enlarging the nonconformity and preserving the nonconforming setback indefinitely into the future, rather than phasing it out over time. Such a result would be an initial step in transforming the neighborhood from a nonconforming cottage community to a nonconforming larger home community, which contradicts the intent of the Town Code to reduce nonconformities and protect shorelines. It is the applicants' contention that because most on the neighborhood structures have pre-existing nonconforming setbacks from the bulkhead, they should be allowed to continue and expand the nonconformity. The board finds that this is not a compelling reason to grant a variance that would exceed the code minimum by more than 65% for the setback from the bulkhead and 50%for the side yard. With respect to the garage setback the applicant has modified the request to the board's satisfaction and accepts the reasoning that the lot is narrow which presents an unusual challenge to vehicular movement on the lot which is shared by others in the neighborhood. Granting a variance on the accessory garage setback would not change the character of the neighborhood, conditioned upon presence of a principal dwelling on this lot. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The benefit sought by this applicant is to increase the degree of non conformity of the preexisting dwelling setbacks in order to gain more living space in their house. This can be achieved by building within the confines in the code. The applicant did not demonstrate to the board's satisfaction that after removing all of the existing structures on the property that any particular conforming location on the lot would present an undue obstruction toward building a new dwelling. With respect to the request to set the garage 10 feet from the easterly side yard instead of the required 15 feet, the benefit sought by the applicant is to allow for ample room for a vehicle to enter and exit the garage. The lot is approximately 65 feet wide, with a normal garage width of 24 feet and a 10 foot setback, this leaves approximately 31 feet in order to enter and exit the garage. The board agrees with the applicants' reasoning that 31 feet is a minimum distance in order to accomplish this task. 3. Town Law &267-b(3)(b)(3). The relief requested is substantial. The requested dwelling setback from the bulkhead represents 65%variance from the code requirement of 75 feet. With respect to the proposed garage, the requested 10 ft. setback represents a 33% reduction of the code required 15 feet. 4. Town Law X267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased or has owned this house with full knowledge that it is in a nonconforming location on the property Page 4—September 27,2007 ZB File No.6029-KATHERINE LA,.ARI - CTM Parcel No. 123-6-14' q 0 and has chosen to ask for substantial relief from the code, rather than to locate the new house on a conforming location. 5. Town Law 6267-b(3)(b W, No evidence has been submitted to suggest that a variance in this residential community will not have an adverse"i=act on the physical or environmental conditions in the neiehborhood. With respect to the dwelling, the town considers the physical conditions of this neighborhood to be substantially nonconforming and enacted a law (Zoning Code Section 280-122A) (and Zoning Interpretation under ZBA#5039-Walz) in an effort to grant relief to pre-existing structures as long as they do not increase the degree of nonconformity. The board finds that the applicant's reason to grant the variance because the non conformities already exist is not evidence to vary the code to the extent requested. The Board also finds, upon balancing the above-enumerated factors, that detriment to the health, safety and welfare of the neighborhood and community in granting a variance as applied for, concerning the dwelling, outweighs the benefit to the applicant, and that the variances sought for the house are hereby denied without prejudice. With respect to the proposed garage, the board finds that applicant has modified the setback request to the minimum required, and the request for a height and dormer variance have been eliminated at the request of the applicant. The board finds that no adverse impact is posed by allowing the garage to be constructed 10 feet from the property line. On motion by Chairman/Member Dinizio, seconded by Member Simon, it was RESOLVED, to deny the requested side yard setbacks and bulkhead setback for a new dwelling, without prejudice, and it was further RESOLVED, to grant the setback variance requested concerning the proposed accessory garage for a 10 ft. side yard from the easterly side lot line. Vote of the Board: Ayes: Members Dinizio (Chairman), Goehringer, Simon, and Weisman. (Member Oliva was absent.) This Re ution w y adopted(4-0). Ames Dinizio Jr., hairman /0// /2007 Approved for Filing REGIV'ED C Southold Town clerk Office Location: SO Mailing Address l :/V ti O Town Annex/First Floor,Capital One Banks 53095 Main Road 54375 Main Road(at Youngs Avenue) N P.O.Box 1179 Southold,NY 11971 Southold,NY 11971-0959 coUNt`1,� http://southoldtown.northfork.net RECEIVED BOARD OF APPEALS TOWN OF SOUTHOLD 1,11i-II 2 5 2009 Tei.(631)765-1809 Fax(631)765-9064 Q� SoutTiold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF MARCH 19,2009 ZBA#6248—LEWIS TOPPER,Applicant CTM 1000-123-6-13 Location of Property: 120 Terry Lane (a/k/a 3606 Camp Mineola Road, Mattituck), adjacent to Great Peconic Bay. 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 H category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated December 5, 2008 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS: The Applicant's property is 49 feet wide, fronting along the south side of a private right-of-way (120 Terry Path, a/k/a Reeve Avenue) and 630.87 feet measured from the right-of-way line to the tie line along the average mean high water line at Great Peconic Bay. The property is improved with a single-family dwelling with additions noted in Certificate of Occupancy#tZ-18344 dated August 31, 1989, and shown on the June 24, 1974 survey prepared by Robert A. Kart,L.S. for former owners,Patrick and Milly McMahon. The property is also improved with an accessory building with play room and sleeping quarters, and without kitchen facilities, as noted in Certificate of Occupancy# Z-2752 dated July 19, 1967 and Building Permit#3430-Z dated April 12, 1967. BASIS OF THE APPLICATION: This application is based on the Building Inspector's amended October 10, 2008 Notice of Disapproval and the owner's request for a building permit to construct a new single-family dwelling and a new accessory building proposed with a nonconforming use (after demolition of the existing dwelling and existing nonconforming accessory building). The code sections for which this Appeal is based are: Sections 280-12 and 280-124, based on the October 10,2008 Building Inspector's.Notice of Disapproval: (1) the proposed single-family dwelling will be less than 15 feet on a single side yard; (2)the proposed single-family dwelling will be less than 35 feet for total side yard setbacks; Page 2-March 19,2009 ZBA#6248—LEWIS TOPPER,Applicant CTM 123-6-13 (3) the proposed dwelling will be less than 75 feet from the bulkhead adjacent to Great Peconic Bay; (4) a new accessory building is proposed with (nonconforming) habitable space, and permitted uses are limited to single-family detached dwellings, not to exceed one dwelling on each lot. LWRP: TOWN CODE CHAPTER 95(268)LWRP DETERMINATION A letter was submitted to the ZBA from the Town LWRP Coordinator stating that the new construction is inconsistent The existing 31' x 49' frame home on this lot is 15 feet north of the existing bulkhead,and the applicant wishes to build a new 18' x 60' two-story home set back 40 feet from bulkhead. This decision by applicants to place the home back from the bulkhead makes the project more conforming to the codes, as well as the objectives and policy standards of LWRP. The applicant is requesting a new dwelling and accessory boathouselstorage building in new locations, after demolishing the existing buildings on the property. A letter was submitted to the Board of Appeals stating that the requested dwelling construction is not consistent with Chapter 268,Waterfront Consistency Review of the Town of Southold Code and Local. Waterfront Revitalization Program (LWRP) standards, and reasons stated In the LWRP Coordinator's letter to the Zoning Board of Appeals dated February 9, 2009, stating that under Policy 4 of chapter 268, the structure is proposed to be located in the FEMA Flood Insurance Rate Map (FIRM) AE8 Flood Zone, a high risk flooding area defined as: areas with a 1% annual chance of flooding and a 26% chance of flooding over the life of a 30-year mortgage. The letter suggests minimizing potential loss and damage by locating development and structures away from the flooding and erosion hazards,and to require the applicant to amend the proposed construction action to meet or further the LWRP Policies 4 and 5,and Section 280-116 for a greater(75 ft.)setback from the bulkhead. The original plan offered by applicant in this application shows a proposed setback of 40 feet from the bulkhead and (flooding and erosion hazard area), and has confirmed that alternative relief offered by the Board when voting would be accepted in the event the applicant is not granted as applied for at 40 feet. It is the opinion of the Board that a greater setback from the bulkhead would bring the new construction into greater conformity with the Zoning and LWRP Codes. The plan offered by applicant at 40 feet 'from the bulkhead does not reasonably eliminate the bulkhead setback nonconformity and creates a new nonconformity after demolition of the existing buildings. The location requested is 40 feet from the bulkhead adjacent to the shoreline, which does not minimize potential loss and damage from flooding and erosion hazards, or minimize losses of human life and structures from flooding and erosion hazards. Grant of alternative relief increasing the setback will achieve a great reasonable degree of conformity with the Zoning regulations, as well as the LWRP,which mandates the highest standards of coastal erosion/wetland/water bodies protection approved by New York State and Southold Town. f Page 3-March 19,2069 e ZBA#6248—LEWIS TOPPER,Applicant ` CTM 123-6-13 1 ADDITIONAL INFORMATION: Most of the homes in the applicant's immediate area Were located more than 60 years ago and in current nonconforming setback locations. This section consists of many long, relatively narrow waterfront lots with cottage type or older, stately summer homes, the majority of which are nonconforming, although updated in the past. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing February 19, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: Area Relief Requested: .Proposed construction of a new single-family dwelling on a 32,044 square foot waterfront lot (land area between the street and the seaward of the bulkhead), or 33,126 sq. ft. total parcel size after demolition of existing dwelling and accessory garage building. The primary dwelling is proposed,with a single side yard at 10 feet and total side yards of 30 feet,and 40 feet to the bulkhead at its closest points. Additional Information: The applicant confirmed at the February 19,2009 public hearing and in its letter dated February 20, 2009, that there is no sleeping quarters or residential use of the boathouse/garage building,'and the accessory building and its use are proposed as boat and other storage and only to meet code(without a variance). Reasons for Board Action: On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the requested variance with respect to the bulkhead setback will produce an undesirable change in the character of the immediate neighborhood. The applicant's property and many of the adjacent lots are greater than 500 feet in depth(measured between the street right-of-way and Peconic Bay),49 feet along the northerly lot line,and 55.83 feet wide at the Bay.- The ay:The existing character of the neighborhood is characterized as that of structures that have pre-existing non conforming setbacks which our code seeks to eliminate over time by requiring that any new construction be made to substantially conform to the code. These pre-existing structures are-generally older and smaller than the new home construction proposed by applicant. Grant of a substantial increase, as applied for at 40 feet,will have the undesirable effect on the neighborhood of enlarging the nonconformity and preserving the nonconforming setback indefinitely into the future,rather than phasing it out over time. Such a result would be an initial step in transforming the neighborhood from a nonconforming cottage community to a nonconforming larger home community, which contradicts the intent of the Town Code to reduce nonconformities and protect shorelines. It is the applicants' contention that because most on the neighborhood structures have pre- existing nonconforming setbacks from the bulkhead,they should be allowed to continue and expand the nonconformity. The board finds that this is not a compelling reason to grant a variance that would exceed the code minimum by more than 65% for the setback from the bulkhead and 50%for the side yard. Page 4-March 19,2009' ZBA#6248—LEWIS TOPPER.,Applicant CTM 123-6-13 A0 The deeper lots do provide a reasonable amount of space to move the dwelling to an increased distance from Peconic Bay/bulkhead. During the hearing, the attorney for the applicant as well as the applicant, agreed to the Board's granting alternative relief in the event the application is not approved as applied for: The Board has no specific concern with a five-foot reduction to allow a single side yard at 10 feet and total side yards of 30 feet for the new dwelling. The Board, however, determines that alternative relief is necessary to bring the setback into more conformity to the code,by increasing the setback from the bulkhead for the new dwelling by an additional . 25 feet from the applicant's request pf 40 feet. The alternative relief agreed to by the Board is for a setback at not less than 65 feet between the bulkhead and the new dwelling. During the hearing, the Board received significant testimony on the second (boathouse storage) building, and it was noted that the Building Inspector as a second dwelling in his Notice of Disapproval. At the hearing the attorney for the applicant,confirmed they are not proposing a second dwelling or a kitchen or sleeping quarters, and wish only to use the accessory building as a boathouse/storage/garage building. The applicant's agent also submitted two different design diagrams for the new accessory storage building which do not include areas for sleeping and/or cooking facilities or guest cottage/dwelling use. The Board determines that the first alternate diagram (GS 1, referred to as #1) would be the best of the three proposals,allowing for additional-storage on the second floor. 2. Town Law 4267-b(3)(b)(3)(2). The benefit sought by the applicant can be achieved by some other method for the applicant to pursue because strict adherence of the code would require a minimum 75 foot setback from the bulkhead. The total side yards would be reduced by five feet from the total 35 ft. code requirement, or 14.28% reduction. The Board finds that a distance of 65 feet minimum to the bulkhead will be more conforming to the codes based upon the area of older converted summer homes that have variable setbacks than the requested 40 feet. 3. Town Law'&267-b(3)(b)(3)(3). The amount of relief requested is substantial,resulting in a(47% reduction at 40 feet), instead of the code required 75 feet. 4. Town Law &267-b(3)(b)(3)(5). The difficulty has been self-created, except that the applicant wishes to demolish the buildings on the property and build new buildings to meet current building construction and fire safety codes. Also, the applicant purchased or has owned this house with full knowledge that it is in a nonconforming location on the property and has chosen to ask for relief from the code, rather than to locate the new house on a conforming location. 5. Town Law 4267-b(3)(b)(3)(4). No evidence.has been submitted to suggest that a variance in this residential community will not have an adverse impact on the physical or environmental conditions in the neighborhood. With respect to the dwelling, the town considers the physical conditions of this neighborhood to be substantially nonconforming and enacted a law (Zoning Code Section 280-122A)(and Zoning Interpretation under ZBA#5039-Walz)in an effort to grant relief to 1 Page 5-March 19,2005 ZBA#6248—LEWIS TOPPER,Applicant CTM 123-6-13 �l „ pre-existing structures as long as they do not increase the degree of nonconformity. The board finds that the applicant's reason to grant the variance because the non conformities already exist is not evidence to vary the code to the extent requested. With respect to the accessory boathouse-storage/garage building, the Board finds that applicant has modified the building plan and has not requested a variance to add sleeping quarters or similar living space,and that has confirmed that the building will meet current codes as to its use and construction (rather than as indicated by the Building Inspector's amended October 10,2008 Notice of Disapproval). 6. The Board also finds, upon balancing the above-enumerated factors, that detriment to the health,safety and welfare of the'neighborhood and community in granting a variance as applied for, concerning the dwelling, outweighs the benefit to the applicant, and that the variances sought for the setback of the house to the bulkhead is denied, and Alternative Relief is granted,as noted below. 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 Oliva, seconded by Member Simon,and duly carried,to DENY the requested setback of 40 feet from the bulkhead,and to GRANT a minimum setback of 65 feet from the bulkhead to the new dwelling; and to GRANT the requested side yard variances for the new dwelling subject to the following conditions: 1) The new(primary) dwelling shall have a minimum single side yard at 10 feet and opposite side yard at 20 feet,for total side yards of 30 feet. 2) Construction of both the new dwelling and accessory building,and activities at the site, shall follow both the recommendations of LWRP letter dated February 9,2009 and shall meet the drainage code to mitigate storm water runoff concerns; and it was further moved,to GRANT Alternative Plan #1 dated 2/19/09 prepared by David Bers Architecture subject to the following conditions: 1) Use shall be accessory for storage and without heat,without sleeping quarters or dwelling-type habitable use, and containing only the utility of electricity for lighting and security; ' 3) Any plumbing shall be restricted to the outside walls of the building,for the purpose of an'outdoor shower and domestic water for irrigation. 2) Roof height shall not exceed the height of 18 feet. I Page 6-March 19,2005,k,__/` ZBA#6248—LEWIS TOPPER,Applicant CTM 123-6-13 That the above conditions be written into the Building Inspector's Certificate-of Occupancy, when issued Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. 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 nonconf Vote of the Board: Ayes: Members Goe ger (Chairma va, S' on, isman, and Schneider. This Resolution was duly pted (5-0)... Gerard P.Gd6ringer, Ch rma 3-z Z-2009 Approved for Filing i J MAR 2 4 2009 BOARD MEMBERS ®�$®�/ 53095 Main Road-P.O.Box 1179 Southold Town Hall l Leslie Kanes Weisman,Chairperson �®�� �®�® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ® �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®�ij'c®U Southold,,NY 11971 http://southoldtownny.gov 4\ ZONING BOARD OF APPEALS �� TOWN OF SOUTHOLD TO..(631)765-1809-Fax(631)765-9064 RECEIVED c� FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF MARCH 15,2018 *Sthold R 2 a ZBA FILE 7143 Town Clerk NAME OF APPLICANT: Kevin Whitrock PROPERTY LOCATION 580 Terry Road,Mattituck,NY SCTM No. 1000-123-6-20 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 December 11, 2017 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 16, 2018. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available, it is the Coordinator's recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. The LWRP reported that the residential structure is located in FEMA Flood designation 0.2 percent annual chance of flood hazard or 500 year flood,which means a flood, has a 1 in 500 chance of occurring in a given year. The report also remarks on proximity of proposed improvements to flood zone VE and recommends moving development as far away from flooding and erosion hazards as practical. However, with the conditions imposed herein, the Board finds the proposed action CONSISTENT with the LWRP PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 22,775 sq. ft. parcel in the R-40 Zoning District. The parcel measures 41.58 feet fronting the Great Peconic Bay on the southerly property line, 600.95 feet along the easterly property line, 595.00 feet along the westerly property line and 36.40 feet fronting Terry Path along the northerly property line. The parcel is improved with a single family dwelling, a detached garage and a wood deck attached to a wooden bulkhead as shown on a survey prepared by John T. Metzger, L.S. last revised November 28,2017. BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15B and 280-15F,Article XXIII, Section 280-124; and the Building Inspector's September 6, 2017, Amended October 31, 2017 Notice of Disapproval based on an application for a building permit to demolish an existing single family dwelling,construct a new single family dwelling and a new accessory garage; at; 1) proposed dwelling located less than the code � n Page 2,March 15,2018 #7143, Whitrock SCTM No. 1000-123-6-20 required minimum rear yard setback of 50 feet; 2) proposed dwelling located less than the code required minimum side yard setback of 15 feet; 3) proposed dwelling located less than the code required minimum total side yard setback of 20 feet; 4) ,proposed accessory garage located less than the code required minimum (2) side yard setback(s)of 15 feet; at: 580 Terry Path,Mattituck,(Adj.to Great Peconic Bay),Mattituck,NY. SCTM#1000-123- 6-20. RELIEF REQUESTED: The applicant has proposed to demolish and reconstruct a new single family dwelling and a new accessory detached garage. The requests include a 40 feet rear yard setback from the single family dwelling to the rear yard property line instead of the minimum required 50 feet, a side yard setback of 5.9 feet where a minimum of 15 feet setback is required, and a total side yard setback of 11.9 feet where a minimum of 20 feet is required. In addition the applicant requests area relief for the proposed accessory garage which will be set back 8.3 feet and 6.0 feet from the side yard property lines where a minimum 15 feet for each side yard is required. ADDITIONAL INFORMATION: The applicant's agent presented to the Board members letters from neighbors in support of the proposed improvements and copies of prior ZBA decisions granting similar variances to other property owners in the community. In addition, the agent submitted a series of aerial photographs depicting most neighboring properties with non-conforming property widths. The photographs also illustrated that of a total of 23 dwellings 19 of them contain two story dwellings as proposed'by the applicant.The applicant has agreed to remove and dispose of a small shed located landward of the existing garage. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 1,2018at 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. 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. Terry's Path is a private road that parallels Great Peconic Bay. The majority of the homes on Terry's Path in the area of the subject property have similar size non-conforming narrow,deep lots with long narrow private driveways that provide access to the waterfront homes. While the community developed as an area of seasonal summer cottages, over time most have been renovated to two story year round dwellings, as proposed by the applicant. Most properties also have accessory garages in the front yard with non-conforming side yard setbacks 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 area variances. Side yard setback relief for the dwelling and the accessory garage is necessary because of the very narrow non-conforming width of the parcel which measures only 36 .4 feet While the applicant could conform to the code required minimum rear yard setback, the rear yard setback of the proposed new dwelling is greater than the existing dwelling to be demolished(31 feet) and greater than the average rear yard setback of other properties nearby. 3. Town Law 5267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 20% relief from the code for the rear yard setback, 60.6% single side yard, and 40.5% total side yard setbacks for the dwelling; and 44% and 60% relief for the accessory garage side yard setbacks. However, an aerial map analyzing 23 neighboring properties adjacent to the Great Peconic Bay depicts the average rear yard setback as 34.9 feet. Therefore, the proposed 40 foot rear yard setback variance would be consistent with the character of the neighborhood and is greater than the existing rear yard setback of 31 feet. The proposed new dwelling is centered on the subject lot to create the largest side yard setbacks Page 3,March 15,2018 #7143, Whitrock / SCTM No. 1000-123-6-20 n possibleandproposes to increase those setbacks form the existing 3 ft. and 6.4 feet. An existing shed near the existing accessory garage is proposed to be removed and the lot coverage is only 9%. 4. Town Law X267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential unity 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. Stormwater Management methods will be established in order to contain runoff on the property and a new sanitary system will be installed to be in compliance with Suffolk County Sanitary Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created.: The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new home and an accessory garage while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Acampora, and duly carried,to GRANT the variances as applied for, and shown on the a survey prepared by John T. Metzger, L.S., last revised November 28,2017 SUBJECT TO THE FOLLOWING CONDITION: 1. The applicant shall install leaders and gutters on the dwelling and the accessory garage in order to contain stormwater run-off on the premises. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or apossible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the-subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. 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 280-1.46(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 Page 4, March 15,2018 #7143, Whitrock SCTM No. 1000-123-6-20 request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson), Goehringer,Dantes,Acampora, and Planamento. This Resolution was duly adopted(5-0). Leslie Kanes Weisman,Chairperson Approved for filing-27 !2018 BOARD MEMBERS so Southold Town Hall Leslie Kanes Weisman,Chairperson ti O 53095 Main Road•P.O.Box 1179 Patricia Acampora Southold,NY 11971-0959 N Office Location: Eric Dantes �pQ Town Annex/First Floor, Robert Lehnert,Jr. fly54375 Main Road(at Youngs Avenue) Nicholas Planamento COU i� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD February 25,2020 Tel.(631)765-1809•Fax(631)765-9064 Bruce Anderson Suffolk Environmental Consulting,Inc. P.O. Box 2003 Bridgehampton,NY 11932 , Re: De Minimus Request,Whitrock,File#7143 580 Terry Road,Mattituck, SCTM No. 1000-123-6-20 Dear Mr, Anderson; I am in receipt of your correspondence dated February 14,2020,requesting de minimus approval for the construction of a single family dwelling and a garage. In your letter you explain that an"as-built"survey prepared by Peconic Surveyors,dated December 23,2019, differs from the survey approved by the Zoning Board of Appeals in their determination No.7143,dated March 15,2018,as follows: 1. Approved dwelling to measure 27.6 ft. by 45 ft.,now measures 27.7 ft. by 46.3 ft. 2. Approved dwelling set back 5.9 feet from the side yard property line,now set back 5.7 ft. 3. The as built survey now depicts a 2 ft,by 10 ft. second story cantilever. 4. Approved garage to measure 24 ft.by 24 ft.,now measures 20.2 ft.by 24.3 ft. 5. Approved garage set back 6 ft, and 8.5 ft:from side-yard property lines,now set back 5.8 ft.and 12.4 ft. 6. A new outdoor shower with roof was constructed off the rear of the house setback 7 feet from side yard. I reviewed your letter,the"as-built"survey,and the ZBA determination No.7266, and have determined that Nos. 1 through 5 of your requests are de minimus in nature because the changes do not increase the degree of non- conformity and upholds the intent of ZBA Appeal No.7143. However,an outdoor shower with a roof is considered an as-built structure which was not proposed in the prior variance relief. The design is not de minimus in nature; therefore,variance relief will be required. If you wish to maintain the"as-built"outdoor shower,you will be required to return to the Building Department to obtain a new Notice of Disapproval,and then apply to the ZBA. Please submit to our office two signed and stamped site plans depicting all existing and proposed improvements with the aforementioned changes. Furthermore,be advised that the condition set forth in Appeal No. 7143 will still apply. Contact our office if you have any further questions or concerns. I will instruct the office to send a copy of this letter and your request to the Building Department. l es eisman Chairperson cc:Michael Verity,Building Department 1 � r. q�ga2e3a2-7572-4ec5-995a-07ef9fd3c17e kimf@southoldtownny.gov 1 li AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE C1 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 All. (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 to 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:Hsoutholdto'wnny.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; at 1)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#99WRequest 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 2 f7a2e3a2-7572-4ec5-995a-07ef9fd3c17e kimf@southold o nny.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_yar_d_setback-of 40 feet;-located-at:545-Ryder Farm Lane;Orient;NY:-SCT-M --- 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 Notice of 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 Oregon. Road, Cutchogue, NY.SCTM No. 1000-83-3-5.3. 1:00 P.M.-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 fora 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. 1000-2671-12.2. 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 f 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 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/web li n k/Browse.aspx?d bid=O. Contact our office at(631) 765-1809,or by email: kimf@soufholdtownny.gov Dated: January 20, 2022 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 f7a2e3a2-7572-4ecS-995a-07ef9fd3c17e kimf@sou"tholdtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, l County of,Suffolk v' The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York. I certify that the public notice, a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: January 27,2022 -This newspape.r.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. 3 ` 5 Signature Eliot T. Putnam Printed Name Subscribed and sworn to before me, This 27 day of January 2022 Notary Signat re G1,ASAll tiV •STATE 'Y,�', OF NEW 1'OP '. _ NOTARY PUBLIC Notary Public Stamp = AI.RANI' (�•'. OI RE6633.9rda3 p ZSS1O�V 6Xp�����`�`��• T OWN- -- -8D----O-F-APPL- - SOUTHOLD TS- --- ,--, ---- --"-- _-- BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ���� S�(/Tiyo 53095 Main Road•P.O.Box 1179 1p Dantes Southold,NY 11971-0959 Patricia ra Office Location: Eric antes C, � Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento OIyC�� 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://southoldtownnv.gov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownnv.gov/calendar.aspx. 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. 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/webl i nk/Browse.aspx?d bi d=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 o�®SUf FUI/-e, h� ®e__ Town Hall Annex, 54375 NYS Route 25 O P.O.Box 1179 O 02 Southold, New York 11971-0959 Oy o`p Fax(631) 765-9064 ZONING BOARD OF APPEALS _11110 DATE: January 3, 2022 a �� li' � w � � .,:' .d�:► �:�' ' °'1IJ � IAC :� . a .]l� ': 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 'ins actions requiiedtopr`epefor th"e ZBApubhcEhe'anng whichncludes PI,EASjE READ CARE�F�U;LL_. : N,., � ,.- , ffi � 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 by SPS ''Certifie-d ail Return Recei , 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 kimf@southoldtownn.gov or elizabeth.sakarellos(a�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 iip://24.38.28.228:2040/weblink/O/doc/I022250/Pa eg l.aspx. IIMiP�OO R�TAN�T INIS�'TMRi�TC�TMI©NIS: Scan and email the MWO marling receipts, green signature cards and ffifrdavrts 13Z kimf c;southoldtownn,,.,ov, and *x IRAMIRMLYNNISRS M�, iL** the ©RIGIiNALS to the Town o:f Southold, ZBA, P.O. Box 1179, Southold, N1Y 119r7�1. 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. 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Page 3_.:Cglin and Kristen C7she1 PROPERTY LOCATION.162 Lowes Shingle HIII,EKheY_ Page a_•19.2017 0701G Cashel SCTM No.1000-9-1-26mintT6Usapprwitoremo_. ,j Page 5_y 19,201 7p7016,Caslfel SCrM No.10069.1.26 GRANT.the varlan{es as-. - Seard11Mn1 .i Page 9...COLIN 8 KRISTEN CA511ELSEC710N 009 BLOC_ ' ::i Page 20-.Thomas Ahlgren(Coshel).PO Box 342 Fishers KlaridNY_. . ! Show more information... - . '.i 7018 - ''• Board Actions-SS page(s) . Page count 56 Template name:Board'Actlons i Page 41I .9:30AM:CObN CA3HELANOYa lancesunderArtlde IdSettlon ANN_ Page 48._ance(s)iRISTEN CASHELa70161Request proposed trellis located In other'Iha._ - - Show mme information_ _ Above:Shows you files that can be found using a phrase, name or title. Or-you can search by Tax Map No. (District, Block..and.Lot) using.the format 1000-111.-1-1. Lase rflctieWebLllik.. p. __ _ _ —yl. 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't �. , ZBA•02/m12017 Hearing 45 ...:_..._. .. _ _... ...__._._....... Z8A-02/0212017 LN 3 I ZBA-W162017 Agenda 3. i.., metadata asslgled ?4o 'i. a.........._. ..ZBA0 ,v. .:.... ............ ......___.. _..__.........._. .. . . :...._'"-_... _.. .. 2A620175 ectal 3 - .i .”'it __...... ._.. .. ._... ......... . .. .......... ......... .._............._. ._ ZBA-03!022017 7 i Ej ZBA43/07/2017Agenda 4 I. x ZaA-03102=17Hearlsg 65 . 'i1 F ZBA-031072Ot 7LN 3 . Qj ZBA-W WOt7Agenda 3 ZBA-03/1fi/10175p"1 3. .`!: _ :': .. is_._ ......_....... ..... ... ... .................. ....._.. ......_._..._....._......_..... ,._............._......... .- ._. .. ..�. ZBA.O•Vt152017 5' - .. .... .-. -...... - 1: ........ - _-. ........ ..... ....... ......... _.___ .....__...____...._....__...._....... --___. .—...._....._..__. ZBA 04/...... Agenda 4 s f;�• ,Z8A-04fD62017 Hearing.. 45 .. ' Above:'Agendas;Minutet-and�Transcripts.are in chronological.order. Revised:6/15/2020 i4U' Tit'W. E U' F HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 ' Main Road, Southold : Tie application will also be available VIA ZOOM WEBINAR- Follow link-http://southoldtownny.gov/calendar NAME : HSA HOLDINGS LLC #7589 SCTM # : 1000- 123 . -8-7 VARIANCE : YARD SETBACKS REQUEST: DEMOLISH AND RECONSTRUCT A SINGLE FAMILY DWELLING DATE : THURS . , FEB . 39 2022 10:20 AM You may review the file(s) on the town's website under Town Records/V1leblink: ZBA/Board Actions/Pending. ZBA Office Telephone (631 ) 765-1809 TOWN OF SOUTHOLD .•11 ZONING BOARD OF APPEALS Appeal No. 5 SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: MAILINGS HSA Holdings LLC (Name of Applicant/Owner) 2000 Park Avenue, Mattituck SCTM No: 1000-123=8 SENDER: COMPLETE THIS��CTION ■ Complete items 1,2,and 3. A. signature ■ Print your name and address on the reverse 0 Agent so that we can return the card to you, �� � ❑Addressee r ■ Attach this card to the back of the mailplece, B` Received b ( anted Name) C.>Dat of De ery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1 ❑V i If YES,enter delivery address below: 0 No ` l Brian Stubelek Attn.: EWl 3. Service Type ❑Priority Mail Exprekso 274 Mill Road ❑Adult signature ❑Registered MailrM Riverhead,NY 11901 ❑A ult Signature Restricted Delivery ❑Registered Mail Restricted ertified Mail@ Delivery ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2• n.em'prr.nnn-Hv-ry Restricted Delivery Restricted Delivery 710E1i i2=72;0 696 01 0662;` i JtrirltedDelivery, t l PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return ReceiptSENDER: COMPLETE THIS 1 SECTION .MPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Sig ■ Print your name and address on the reverse X - O Agent,-- - so that we can return the card to you. El Atldressee Received by(Printed Name) CDate of Delivery ■ Attach this card to the back of the mailplece, . . l or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? El Yes If YES,enter delivery address below: i]No f �I i Cubbon Family Trust ` 1900 Park Avenue 3. Service Type ❑Priority Mail Express@ y ❑Adult Signature ❑Registered Mail' I Mattituck,IVY 11952 ❑Afl�Jult Signature Restricted Delivery ❑Registered Mel Restricted EMertified Mail@ Delivery ❑Certified Mail Restricted Delivery ❑Signature Confirmation7m '. ❑Collect on Delivery ❑Signature Confirmation ^^'ivery Restricted Delivery Restricted Delivery 4 7021 272:0 .0696:0 ;0723; .i is :. strtcted delivery E L . . .. . . . .... .. _. ... . .. over ' PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt 1 SECTIONSENDER: COMPLETE THIS COONON DELIVERY ■ Complete items 1,2,and 3. A Si n ture ��'{)r� ■ Print our name and address on the reverse "-O'Agen'r,. Y X 77?/ t✓ ❑Ad�dP�ssee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Rec Iv d by(Prin N e :� C. ate of Del Try or on the front if space permits. 1. Article Addressed to: D. Is delivery address different f 'ii item I I es If YES,enter delivery address ego ? 1 Peter&Barbara Swahn PO Box 729 3. Service Type ❑Priority Mail Express@ ❑Adult Signature ❑Registered MaiITM Mattituck,NY 11952 ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted Cerfified Mail@ Delivery ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM. ❑Collect on Delivery ❑Signature Confirmation n ^"^^'^^iDelivery Restricted Delivery Restricted Delivery 6°D D 6=7%t `` `till Re'shieteiiDehvery '`t PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt i 1 , PUBLIC HEARING NOTIFICATION for 1 HSA HOLDINGS LLC 2000 PARK AVENUE MATTITUCK,NY SCTM#1000-123-8-7 SCTM#1000-123-8-6 Cubbon Family Trust 1900 Park Avenue Mattituck, NY 11952 SCTM#1000-123-8-8.3 Peter&Barbara Swahn PO Box 729 Mattituck, NY 11952 SCTM#1000-123-2-35 Brian Stubelek Attn: EWI 274 Mill Road Riverhead, NY 11901 r: ' U.S. Postal CERTIFIED oRECEIPT Q' Domestic Only r%_ 23 INII=W U 8 E "Aal 50 . FICIAL i_ Certified Mail Fee FxtraServices&Fees(checkbox,addfae-appropriate) ❑,Retum Receipt(hardcopy) $ ` -..�ru E]Return Receipt(electronic) $ �f 'Pcstlr(ark 'I a E]Certified Mail Restricted Delivery $ ❑Adult signature Required $ ❑Adult Signature Restricted Delivery$ �'� Q' jO Postageru ru Tot �..�..,•s�C�,� r_1L Peter&Barbara Swahn Sol ti PO Box 729 = A $U -- �`- Mattituck,NY 11952 i_____:_-__- ciC Postal ■ , O 0 ■ �Rl Domestic Mail Only ru amw L U .- .. Certified Mail Fee O' $ '0 Extra Services&Fees(checkbox add fee as_eppropdate) ti .[3 Return Receipt(hardcopy) ❑ReturnReceipt(eiectronic). -$- /� POStrriark_ Y •� 0 ❑CedfflLd Mal Restricted Delivery. $, �-.\��.,,Here. r ❑Adult Signature Required.' $. ' ''j• ��O []Adult Signature Restricted Delivery-$ L 1 �Q O Postageru ru LSennt � r-9 Cubbon Family Trust3 1900 Park Avenue -------Mattituck,NY 11952 -------- Postal CERTIFIED ' © RECEIPT ru Domestic mail Only O O „-p Certified.Mail Fee ��.X �r Er Extra Services&Fee s(checkbdx,addfee'e;eppropdete) ❑Return Receipt(hardcopy) $ ❑Return Receipt(efectronic) $ Rostrtiafk C3 ,❑Certified Mail Restricted Delivery $ 4�%\�P Here- C3 ere- �t7 r3 [:]Adult Signature Required S. ❑Adult Signature Restricted Delivery$ C3 Postage_ -— ,.: -•, ru $ ru Total F, Brian Stubelek r-q Sent Ti Attn.: EWI 1 r� sveei 274 Mill Road r` Riverhead,NY 11901 ---------- Ciry�Si J J r, TOWN OF SOUTHOLD 447 -Ho 1 S LQ ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK 16 Cam AFFIDAVIT OF In the Matter of the Application of: POSTING HSA Holdings LLC (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK I, Robert E. Herrmann r,4ijit DBA En-Consultants 1319 North Sda Road Southampton ,New York, being duly sworn, depose and say that: I am the ( ) Owner or(xx)Agent for owner of the subject property On the 25th day of January , 20 22, I personally placed the Town's Official Poster on subject property located at: 2000 Park Avenue, Mattituck; SCTM #1000-123-8-7 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 February 3, 2022 (Owner/Age Signature) Robert E. Herrmann Sworn to before me this 26th Day of January , 20 22 (NJ ary ublic) KIM H . STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO . 50 1593 1 QUALIFIED IN SUFFOLK C 0 U K T Y EXPIRES AUGUST 9L,2026 �: . � :�= � :-�..' f � ,-. BOARD MEMBERS - Southold Town Hall Leslie Kanes Weisman,Chairperson ��f sorry 53095 Main Road• P.O.Box 1179 h�� Southold,NY 11971-0959 Patricia Acampora � � Office Location: CA Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamentol,Y00 U Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD September 24, 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 : # 7589 HSA Holdings LLC Action Requested : Demolish and reconstruct a 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 Site Plan/Survey: Jeffrey Sands Architect Dated : 7/19/21 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson x0f so�jy 53095 Main Road-P.O.Box 1179 � Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CA Town Annex/First Floor, Robert Lehnert,Jr. �p� 54375 Main Road(at Youngs Avenue) Nicholas Planamenfo OI,YC�� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS R C C C E I v E D TOWN OF SOUTHOLD . Tel.(631)765-1809.-Fax (631)765-9064 S.EP 2 9 2021 SOuthol Town September 24, 2021 Planning Board Mark Terry,Assistant Town Planning Director LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex .. Southold;NY 11971 Re. ,ZBA File Ref'No..*# 7589 HSA Holdings LLC Dear Mark: We have received anapplication to demolish and reconstruct a single family.dwelling. A copy of f-'the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman ' Chairp n By; Encls : Site Plan/Survey: Jeffrey Sands Architect Dated : 7/19/21 BOARD MEMBERSU Southold Town Hall Leslie Kanes Weisman,Chairperson �*�F SOjiff 53095 Main Road•P.O.Box 1179 �O 1p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Q Town Annex/First Floor, Robert Lehnert,Jr. �r. . • �O 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoOl, Southold,NY 11971 YIr 0u , http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD February 23,2022 Tel.'(631)765 1809•Fax(631)765-9064 Robert Hen-mann.. En-Consultants . 1319 North Sea Road. Southampton,.NY 11968 RE: Appeal Nq: 7589,HSA Holdings;LLC. 2000 Park Avenue,Mattituck_ J SCTM No. 1000-1234=7 Dear Mr. Herrmann; Transmitted for your records is a copy of the Board's February 17, 2022 Findings; Deliberations and Determination, the.original of which was filed with the.Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Be sure.to submit an application along with a copy of the attached determination to the Building Department. Pursuant to Chapter 280446(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. Sincere , K m E. Fuentes Board Assistant Encl. cc: Building Department SEE SEC.NO.115 MATCH LINE —__� —__ LINE /SEE SEC,NO,115 az•-- N002 B82 8 {1 q FOR PCL NO. ya W SEE SEC.NO `P 115.12-018 14 �' N li u1 ,eo 2 L DR. 13 ix,6 3 E 1.tA g pm^m not O n 5.1z 12 211 s, ss' 6 r, T 1 8 9 1U 1.SA(c),p° ^� •1z ',�� +': 42.8A(C) \4i 1.OA(c) 1.4A(c) 2.6A(1) 16 •n° nal l ms, _ TOWN OF .yL210& N sa 150'1 1'I tfls I„1 $ SOUTHOLD � �' w B9 ,e e6 6 $ p -.�•P ryNOEmvarERuxn/ � � ° SZ• ,w " 1 s+' rsl ns –...y CREEK �01'. Q� P a¢ N A 0 33 '3A ,a \pp1 '� 13 A 1 rPo, � F >G zo ^.10�.� �q, �-� / • 1 32 ,o° ,` 10P .L'lp' O�cl `a4 ,, r0p tl22.2R 2126x, �•s y,\c���•',e'u 30 113 1 -y. n a az 1 ,LA1 e $ vhi,b ♦,W'��./ 29 ,00 AP 16 16 10 � VNE a ps a1 T 1 Mx r- a-35 la3 - 4 IR 3 3.3 N 299.082 NOTICE (-NI' - U}ya COUNTY OF SUFFOLK © E 115 116 TOWN OF SOUTHOLD SECTION NO WWO MAINTENANCE,ALTERATION,SALE OR Real Property Tax Service Agency Y DISTRIBUTION OF ANY PORTION OF THE 122 12) VILLAGE OF 123 County Center LE IN 1 ET. N Y 11901SUFFOLKCOUNTY TA%MAP IS PROHIBITED i/ M SCALE IN FEET.MATHOUTWRITTEN PERMISSION OF THE 2000400A tbDISTRICT NO 10000.EALPROPERTYTAX SEFNICEAGENCY -T.aa�y- P PROPERTY MAP CONVERSION OATS Feb 10,2011