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HomeMy WebLinkAbout7616 pMUC>t L-LC bla �61jjg Oop��u(-f A-D tL Pleol Auv-�-5 1� 4c ,yuk Owner: Pequot Point LLQ File M 7616 Address: E End Rd Code: 13ED Agent Info Stephen L. Ham, III Esq. 38 Nugent Street Southampton, NY 11968 o Phone: 631-283-2400 �S Fax: 631-287-1076 Email: steveham190@gmail.com BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®F so �®� 53095 Main Road P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor, � � ® �® 54375 Main Road(at Youngs Avenue) Nicholas Planamento �.YC®UNK Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS �_„� (y a "I _-I TOWN OF SOUTHOLD M 2"32022 Tel.(631) 765-1809•Fax(631)765-9064 ou# old Town Clerk 0 MUt FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 19, 2022 ZBA FILE: #7616 NAME OF APPLICANT: Pequot Point LLC PROPERTY LOCATION: East End Road/2875 Castle Road, Fisher's Island,NY SCTM 4 1000-5-2-10.12 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 21, 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 April 18, 2022. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available, it is recommended that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION• The subject property is a conforming 173,804 sq. ft. (4 acre) waterfront parcel located in an R-120 Zoning District. The parcel runs 558.39 feet along Block Island Sound, runs 248.42 feet along Castle Hill Road, runs 407.88 feet on the West side and 396.96 feet on the East side. The parcel is improved with a residence, patio, pool house, and decks. All is shown on a survey prepared by Craig P. Bigger, L.S., dated January 29, 2018. BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15;Article XXII, Section 280-116A(1); and Building Inspector's October 15, 2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and to construct a new accessory garage, at; 1) dwelling is located less than the code required 100 feet from the top of the bluff; 2)garage is located in other than the code permitted rear yard; located at East End Road/2875 Castle Road, (Adj.to Block Island Sound)Fishers Island,NY. SCTM No. 1000-5-2-10.12) Page 2,May 19,2022 #7616 Pequot Point SCTM No. 1000-5-2-10.12 RELIEF REQUESTED: The applicant requests a variance to construct a new accessory garage that is partially located in a side yard where Town Code requires that accessory structures be located in a rear yard . The second variance is for a terrace located 75' 4" from the top of the bluff where Town Code requires all building improvements to be a minimum of 100 feet from the top of the bluff. ADDITIONAL INFORMATION: The notice of disapproval cites the garage as being partially located in a side yard. The architectural plans show that the area located partially in the side yard is called an"exercise room" on page A-103. Please note that exercise rooms are not a permitted use in accessory structures pursuant to the Southold Town Code. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 5, 2021 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1). Grant of the variances for the non-conforming bluff setback will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of older single-family homes. The terrace is existing and will stay at the existing location. The proposed modifications will not change the non-conforming setback or the character of the neighborhood. The accessory garage is permitted in the front yard. The section of the garage that is partially located in a side yard is for an "exercise room." Although only a small portion of the proposed garage is located in the non-confonning side yard where it has the least visual impact, the proposed use as an exercise room is not a permitted use in an accessory structure and will be detrimental to the character of the neighborhood, as would a conforming front yard location, which is also not in character with the neighborhood. 2. Town Law§267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. All conforming rear yard locations are within the 100-foot code required bluff setback and accessory garages in a conforming front yard on this waterfront parcel is not in keeping with this neighborhood's character. 3. Town Law §267-b(3)(b)(3). The variance granted herein for the non-conforming bluff setback is mathematically substantial, representing 24.6% relief from the code. The variance for the non-conforming garage partially located in the side yard represents 100% relief from the code. However, the terrace is existing and the proposed modifications will not change the bluff setback and the partial side yard location for the proposed accessory garage is the most practical and function location on this large irregularly shaped property and will result in only 6% total lot coverage. 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. J Page 3, May 19,2022 #7616 Pequot Point SCTM No. 1000-5-2-10.12 6. Town Law > 267-b. Grant of the requested relief for the non-conforming bluff setback andlproposed accessory garage location is the minimum action necessary and to enable the applicant to enjoy the benefit of a renovated terrace and new 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 267-13, motion was offered by Member Dantes, seconded by Member Planamento, and duly carried, to GRANT the variances as applied for as shown on the Architectural plans by Kinlin Rutherfurd,Architects labeled A-001; A-020; A-021; A-031-32; A-101-102; A-201.1-201.2; A-202.1-202.2; A-211-212 dated December 13, 2021 and survey prepared by CME Associates dated January 29, 2018. SUBJECT TO THE FOLLOWING CONDITIONS• 1. The proposed roofed terrace shall remain unenclosed and non-habitable space. 2. The new accessory garage may only be used as unheated and unconditioned storage and may not be used as an exercise room. 3. The second story storage area of the accessory garage must remain unfinished with open studs and rafters only. 4. The applicant shall provide REVISED Architectural Plans showing the removal of the proposed exercise room before the issuance of a building permit. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the 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. IMPORTANT TIME LIMITS ON THIS APPROVAL 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 Page 4,May 19,2022 #7616 Pequot Point SCTM No. 1000-5-2-10.12 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 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). 1 n Leslie Kanes Weisman, Chairperson Approved for filing �/ Gj 0 /2022 BOARD MEMBERS ZF SO Southold Town Hall Leslie Kanes Weisman,Chairperson �� �® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �® ® �® 54375 Main Road(at Youngs Avenue) Nicholas Planamento C®UN11 Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD November 2, 2022 Tel.(631)765-1809 Bruce D. Kinlin, AIA KinlinRutherfurd Architects 330 West 38th Street, Suite 1006 New York,NY 10018 Re: De Minimus Request, File#7616 Pequot Point, LLC, 2875 Castle Road, Fishers Island SCTM No. 1000-5-2-10.12 Dear Mr. Kinlin; We are in receipt of your correspondence received October 28, 2022 requesting approval for a de minimus change related to ZBA determination#7616, dated May 19, 2022, in which your client was granted an area variance to construct a new accessory garage partially located in a side yard. In your letter, you explain that the applicant is requesting to shift the proposed position of the accessary garage in order to protect and maintain an existing tree and the more elevated existing grade around the tree in the front yard. Additionally, you are requesting to remove an existing in-ground pool and locate a new in-ground pool on the property in a position that is a greater distance from the top of the bluff. The existing masonry pool surround would also be removed and the area replaced with lawn to match adjacent area. The new pool will be located 75 feet, 4 inches from the top of the bluff. I have reviewed your amended site plan revised October 19, 2022, and have determined that your proposed changes are de minimus in nature, as well as less nonconforming. Be advised that all other conditions will still apply. Please contact our office if you have any further questions or concerns. 0�17ell ♦.A 1 !1 �! !���A � /7V e lie . s Weisman, Chairperson cc: Building Department By email to kimf@southoldtownny.govp �'% Chairperson Leslie Kanes Weisman Board of AppealsTown of P.O. Box 1179o1d �j�'}������,���� . Southold, NY 11971 Re:Application of Pequot Point LLC(No. 7616) Dear Chairperson Weisman: This past May,the Board of Appeals rendered a decision in connection with the referenced application granting relief to construct additions and alterations to an existing single family dwelling and to construct a new accessory garage where the dwelling is located less than the code required 100 feet from the top of the bluff, and a new garage located in other than code permitted rear yard. The applicant is requesting to shift the proposed position of the garage in order to protect and maintain an existing tree and the more elevated existing grade around that tree in the front yard.The applicant is also proposing to remove an existing in-ground pool and locate a new in-ground pool on the property in a position that is a greater distance from the top of bluff.The existing in-ground pool,which is currently located 32'-5" from the top of bluff,would be removed and filled.The existing masonry pool surround would also be removed and the area replaced with lawn to match adjacent areas.The new pool would be located 75'-4'from the top of the bluff.The new pool location and the adjusted position of the garage will result in a landscape that is more sensitive to the existing natural surroundings, and would reduce the degree of non-conformity on the property. Based on the suggestion of Amanda Nunemaker of the Town Building Department, I am writing to request if you can advise the Town of Southold Building Department(i)that the adjustment in placement of the new garage and the relocation of the pool would not constitute a deviation from the relief granted in Application No.7616 or, (ii)alternatively,that the location of the accessory garage and the location of a pool further from the top of bluff is de minimis in nature and does not increase the degree of nonconformity of the building and pool on the property.The applicant's site plan that was previously approved by the Board of Appeals and the modified proposed site plan are attached to this email, as well as the existing site plan. Thank you for your consideration of this matter. Very truly yours, Bruce D.Kinlin,AIA Fuentes, Kim From: Lily Rutherfurd <Lily@kinlinrutherfurd.com> Sent: Thursday, October 27, 2022 1:17 PM To: Fuentes, Kim Cc: Bruce Kinlin Subject: Application of Pequot Point LLC (No. 7616) Attachments: 10-27 Waldin Garage and Pool -ZBA de minimis letter.pdf, 33812-13 -Approved Site Plan -ZBA 7616.pdf, 33810-19 - Existing and Proposed Site Plans.pdf,7616 Pequot Point.pdf Dear Kim, Please see the attached de minimus letter for the garage and pool location at the Pequot Point property on Fishers Island. This is in reference to ZBA application No. 7616. The applicant's site plan that was previously approved by the Board of Appeals and the modified proposed site plan,are also attached to this email,as well as the existing site plan. We have also mailed hard copies of these drawings to your attention. Thank you for your consideration of this matter. Best, Lily Elizabeth P. Rutherfurd,AIA KinlinRutherfurd Architects,PLLC 59 East 50'Street,Suite 92 New York,NY 10022 212 695 2988 www.kinlinrutherfurd.com ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i U a � a \ U W � U \ i ► N 324. 91 E 1157. 47 4 MERESTONE / (FOUND) N/F N I EDWARD & LESLIE cqo I STONE WALL' - McELWEATH © � PQ MERESTONE F2'o" E (FOUND) FENCE ALONG BOUNDARY LINE 3o•�7J'0't TOO / S/,0 \ � PBURIED ROANEAST MAIN ROAD I Yq� �� —F-ENQE� GARDEN 1 MERESTONE _ �O / // 147 FENCE N 229. 90 P' / �P STONE WALL E 9 75. 6 9 , 0. 042 EXI$TI G NEW / Qj RESIDENCE CREE 1� / ► RC / W%II 'i"MA�OR / EXISTING 0 / ALTER IONS WELL _ _ — ' I'ii' CCESSOR 'I,i IL;OIN DECK \ / / / \ \ / EXISTING;1; �,r!,I�,; EX. DECK \ / RESIDENCE;;, TRIMMED 72'-0„ jillk\\ / 'k/ III \`�o. 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'lam/ O/ \ � �O/ <251 PERMIT APPLICATION 09.06.22 VARIANCE SET 12.13.21 \ / 0i \ WALDIN \ / J PEQUOT POINT \ \ / c�O 2875 CASTLE ROAD FISHERS ISLAND,NEW YORK 06390 \ / APPROXIMATE O HIGH WATER 0 \ c) O sy / \ KINLIN RUTHERFURD ARCHITECTS, PLLC 330 WEST 38TH STREET,SUITE 1006 TEL:(212)695-2988 NEW YORK,NEW YORK 10018 FAX:(775)582-1736 / \ O ARc'yi FINAL BY ZBA 12 qqN029�� yOQ M W I / N SITE PLAN [�7W SITE PLAN PROPOSED ` 0 1/32" = 1._O" C/1 HALF SCALE A-021 o PROJECT: 338 U a a r~ v REMOVE LOW TERRACE WALL REMOVE STEPS — ——— ——— ——— ———— —— ——— — — — —— —— —————— x _ r - ---- - - -- -- --- --- -- -- - - --- - -- -- - ' 75 FROM TO o P OF BANK — l ' ( TERRACE SUN ROOM IF] _ A ' ' _ -- - - - - - - - I / II II DINING ROOM — — LIVING ROOM 100' FROM TOp OF 1 I I I I I — _ BEDROOM 1 II II II II CL CL cL HALL FOYER \\ 0 IIII / . . PANTRY �\ I I / O �/ BATH 1 ii FAMILY ROOM CL PR 1 PERMIT APPLICATION 09.06.22 — STAIR o — — VARIANCE SET 12.13.21 2 / — - � WALDIN LAUNDRY �/ I I PEQUOT POINT M U D R O OM 2875 CASTLE ROAD j FISHERS ISLAND,NEW YORK 06390 j. / KITCHEN KINLIN RUTHERFURD ARCHITECTS, PLLC 330 WEST 38TH STREET,SUITE 1006 TEL:(212)695-2988 NEW YORK,NEW YORK 10018 FAX:(775)582-1736 FINAL rV� REVI 029 F OF Nti`N N N DEMOLITION PLAN W GROUND FLOOR ODEMOLITION PLAN HALF SCALE 3/16"=l'-O" A-03 .1 PROJECT: 338 U a a a E~ WUW Fi U 75' FROM TOP No OF BANK — \ N \ \ REMOVE EXISTING TERRACE ROOF \ \ CL ` CIL ' - - - - - - - — - - - - -P-RPubLARY BATH — � - - - - - - - - - - - - - - - � DRESSING CL \ _ _ _ _ _ _ _ ` ROOM PRIMARY BEDROOM — ` BEDROOM 3 — — — — — CL BEDROOM 4 _ _ i I oo F,RoM T CL OP OF BLUFF _ J-- - - - - - - - - - - -- --� CL CIL CL 1 H ALL _ \�< \ CIL STAIR BATH 2 BATH 4 UL 30 CL O CL CL CL i Ll BEDROOM 8 BEDROOM 7 BEDROOM 6 BEDROOM 5 -- - BATH 3 PERMIT APPLICATION 09.06.22 OVARIANCE SET 12.13.21 WALDIN PEQUOT POINT 2875 CASTLE ROAD FISHERS ISLAND,NEW YORK 06390 RECFpL,E.� SEP 0 9 2022 zoning Bo and of App_als FINAL Ili' KINLIN RUTHERFURD ARCHITECTS, PLLC 330 WEST 38TH STREET,SUITE 1006 TEL:(212)695-2988 C"" NEW YORK,NEW YORK 10018 FAX:(775)582-1736 SEE DECl a.e V DATED 1 029 $1 y0� lF DF NE`N M N N DEMOLITION PLAN W SECOND FLOOR DEMOLITION PLAN HALF SCALE 2 013/16"=l'-O"MOA-032 PROJECT: 338 U a a CONSTRUCTION LEGEND U 0 NEW CONSTRUCTION EXISTING WALLS -4 TO REMAIN uSD SMOKE DETECTOR CO CARBON MONOXIDE DETECTOR ® EXHAUST FAN NEW TERRACE STAIRS HB HOSE BIB - - --, - - - - - - - - - - - - - - - - - - - NEW LOW TERRACE WALLS � 75 FROM To — _ _ illli II II c OF SANK \ l l SUN ROOM Yo � II III II II ` �III� II II _ _ _ _ _ _ _ _ _ II II II II ME n - - - - - - - - - � I 777777777/ • I I I I ` ` — _ I I � II II DINING ROOM LIVING ROOM 100' FROM TOP OF g��F II II II II BEDROOM 1 II II 77 II II II II uP I I I I CL CL / CL CL HALL / < FOYERk 17- DN � PANTRY " BATH 1 I , O , FAMILY ROOM ` r CL PR 1 PERMIT APPLICATION 09.06.22 STAIR o O / VARIANCE SET 12.13.21 r r r r r > WALD I N LAUNDRY ' PEQUOT POINT MUDROOM \ \ O O FISHERS ISLAND,NEW YORK 06390 KITCHEN, i rr \ I \ � r r r r � r sg INAL MAP REVIEW "rdA KINLIN RUTHERFURD ARCHITECTS, PLLC 330 WEST 38TH STREET,SUITE 1006 TEL:(212)695-2988 `g- ! NEW YORK,NEW YORK 10018 FAX:(775)582-1736 QED Agcy -A V. 029��1 y0� OF NE`s N N CONSTRUCTION PLAN W GROUND FLOOR HALF SCALE CONSTRUCTION PLAN 2 0 316"=1'-0° A-10 .1 PROJECT: 338 U a e CONSTRUCTION LEGEND U NEW CONSTRUCTION ® EXISTING WALLS a TO REMAIN uSD SMCKE DETECTOR CO CARBON MONOXIDE DETI=CTOR ® EXHAUST FAN HB HOSE BIB a - - — — — — — — NEW TERRACE ROOF N 75' FROM TOP OF N BANK — — --_ _ -- — — BINARY iIC CL - - - - BATH — - - - - _ ` 202 � - - - - - - - - - - - - - - - - - - to DRESSING CLI \ - - - - - - - - - - - - - - ROOM PRIMARY BEDROOM \ \v 203 BEDROOM 3 _ 201 BEDROOM 4 100' FROM I I i cLll BLUFF _ �- - - - - - - - - - - - - - _ � - _ =CL= = CL - - - - - - - - - - - - - - - - i ,\ HALL CL ` STAIR BATH 2 O BATH 4 A I/ ImMEN CL CL 001\11 CL CL I I I I I I I I I I I i � 1\ I I I I I I I I I " \ � I I I ____ I BEDROOM 8BEDROOM 5 ---- BEDROOM BEDROOM 7 BEDROOM 6 1 6 BATH 3 ---- PERMIT APPLICATION 09.06.22 \ O \ VARIANCE SET 12.13.21 WALDIN PEQUOT POINT 2875 CASTLE ROAD FISHERS ISLAND,NEW YORK 06390 i i i i i i i i i lt2 l i SEP 9 2022 - - - KINLIN RUTHERFURD ARCHITECTS, PLLC 330 TEL:(212)695-288 FINAL s r �r ''fit if � NEW1YORK NEW YORK 1 01EST 38TH STREET, 18E 1006 FAX:(7 75)582-1736 V -� M N�9T 029 OF CONSTRUCTION N N CONSTRUCTION PLAN F SECOND FLOOR W �¢ HALF SCALE 0 1 CONSTRUCTION PLAN 0 2 3/16'=1'-0° A-102 PROJECT: 338 U a a a » H v v tx N O N PERMIT APPLICATION 09.06.22 VARIANCE SET 12.13.21 T.O. RIDGE ELEV. 30 -4 PEQUOT POINT 2875 CASTLE ROAD FISHERS ISLAND,NEW YORK 06390 REMOVE EXISTING TERRACE ROOF REMOVE LOW WALL REMOVE EXISTING STEPS /�\ p 9 2022 11111 Hill -FIF] 777 , SECOND FLOOR F.F. - -- -- - --- -- - - - - ----- KINLIN RUTHERF RD ARCHITECTS, PL-- : --ELEV. 9'-7" _.. 100s ' � ----• -.-.-...- 330 WEST 38TH STREET,SUITE TEL:(212)695-2988 - NEW YORK,NEW YORK 10018 FAX:(775)582.1736 - ---- -- - -- ® BA FM ' FINA[., .r F 0 0 - Eft . ` a *� r 1 ENTRY F.F. L b — — 0 02 ��i - LIVING ROOM F.F. : :..-..-_ _ :- ,- .. ': .. "_.:. ' ��� . _.. _ - — - - - iL - 9T `IOQ�c I ELEV. -1 -7 - �OF NE� N ELEV. ----- w EAST E L EVATI O N W EXISTING CIO HALF SCALE EAST ELEVATION A-201A.03/16' = V-0' PROJECT: 338 U a a a H WUW U N O N PERMIT APPLICATION 09.06.22 VARIANCE SET 12.13.21 T.O. RIDGE ELEV. 30-4 - --- - -- WALD I N - - - - PEQUOT POINT 2875 CASTLE ROAD FISHERS ISLAND,NEW YORK 06390 NEW TERRACE ROOF NEW STEPS F ADD ®IJULIFIF l7j4� : Ivi c IF----------- - - - - SECOND FLOOR F.F. -------- _:::: r- - _- - ---- -- ------------ -- - - ---- - - - - _ .._ .. . ELEV. s -� �. � - _ __ _- -- -- - __ . --- - ----- - -- - --- - - _------ - - _.... --- -- --- -- -_ -- - - - ----- - KINLIN RUTHERFORD ARCHITECTS, LC . . , PL - Y_ 330 WEST 38TH STREET,SUITE 1006 TEL:(212)695-2988 NEW YORK,NEW YORK 10018 FAX:(775)582-1736 -- MAP 0 0DA C? r C DECISjopji L L i A ENTRY F.F. � .. I — III, 2 .. h ELEV. 0-0 029 G LIVING ROOM F .F. - - I, 9,F0 NE`N�O TERRACE F.F. cv ELEV. -2 -8 - N EAST E L EVATI O N PROPOSED W HALF SCALE O 1 EAST ELEVATION A-20J.2 3/16" = 1'-0" PROJECT: 338 U a a - a H v v N O N PERMIT APPLICATION 09.06.22 VARIANCE SET 12.13.21 T.O. RIDGE ELEV. 30'-4" WALDIN PEQUOT POINT 2875 CASTLE ROAD FISHERS ISLAND,NEW YORK 06390 PtcEr��D SEP 09 2022 Zonrn9 8 l and of gpGea/s TH SECOND FLOOR F.F. 9'-7"- FINAL hriAP KINLIN RUTHERFORD ARCHITECTS PLLC ® ® ® ® F 9��I'l` vTE:D Y Z B330 WEST 38TH STREET,SUITE 1006 TEL:(212)695.2988 NEW YORK,NEW YORK 10018 FAX:(775)582-1736 FM FM TH 0-01_5 Icl ENTRELEVYO -0 G k1A�2C� LIVING ROOM F.F. ELEV. -l'-7" x: TERRACE F.F. ----- -- .. _..._ - = - -- -- ..... .-. -- - --- ELEV. -2 -8 F OF NE`s-1 N N w NORTH ELEVATION W EXISTING HALF SCALE NORTH ELEVATION O 1 3/16' = 1'-0' A-202ml PROJECT: 338 U a a to H WUW E� U N 0 N PERMIT APPLICATION 09.06.22 VARIANCE SET 12.13.21 T.O. RIDGE ELEV. 30 -4 WALDIN PEQUOT POINT 2875 CASTLE ROAD FISHERS ISLAND,NEW YORK 06390 FH R S E 9 2022 SECOND FLOOR F.F. --. ._--------- _--. ELEV. 9 -7 - -------------- ----- ---- - --- - KINLIN RUTHERFURD ARCHITECTS, PLLC FINAL10 P 330 WEST 38TH STREET,SUITE 1006 TEL:(212)695-2988 NEW YORK,NEW YORK 10018 FAX:(775)582-1736 R [ VVED BY ZBA 11 , Fill SF- DECISION # �aEo c ENTRY F.F. ELEV. 0'-0" — — — I LIVING ROOM F.F. ELEV. -1,=7- ---- 1 -7 TER RACE F.F. -- -- - - --- - - - - - -- ... - -- -. ......... -- ---._. - -- -- - - - - - - - ------- ----- -- - -...- ---- - - ��a1' ELEV. -2 -8 �'9TF y� M OFF NE`N N N w NORTH ELEVATION N PROPOSED W HALF SCALE 01 N1ORT H / A-202m2 ELEVATION PROJECT: 338 v a a a H U U N O N PERMIT APPLICATION 09.06.22 VARIANCE SET 12.13.21 T.O. RIDGE ELEV. 30 -4 WALDIN PEQUOT POINT 2875 CASTLE ROAD FISHERS ISLAND,NEW YORK 06390 REMOVE EXISTING TERRACE ROOF t si.P 9 2022 SECOND FLOOR F.F. / ELEV. 9 -7 KINLIN RUTHERFURD ARCHITECTS, PLLC 330 WEST 38TH STREET,SUITE 1006 TEL:(212)695-2988 NEW YORK,NEW YORK 10018 FAX:(775)582-1736 nNIAL IE�� - , F D 11' � ENTRY F.F. __.-. ... - - -------- --- --- ----- - -------- E .i 3 O t ,��REp A/�(�All ELEV. 0'-0- LIVING -0 - -- . .. - - - - - LIVING ROOM F.F. Df, 5.�- ' ELEV. -l'-7" TERRACE ELEV. -2 m ,9T 02gA81� c FOF NE`N N N w BUILDING SECTION W EXISTING HALF SCALE �a 01 BIUI l'-O" SECTION A-2 .11 PROJECT: 338 U a a _ a H U 5 U r� N O N PERMIT APPLICATION 09.06.22 VARIANCE SET 12.13.21 T.O. RIDGE ELEV. 30'-4" WALDIN PEQUOT POINT 2875 CASTLE ROAD FISHERS ISLAND,NEW YORK 06390 NEW TERRACE ROOF Sip 9 2022 SECOND FLOOR F.F. - ELEV. 9 -7 KINLIN RUTHERFURD ARCHITECTS, PLLC 330 WEST 38TH STREET,SUITE 1006 TEL:(212)695-2988 NEW YORK,NEW YORK 10018 FAX:(775)582-1736 ENTRY F.F. - - - -- - - - __ - - - - - ----- - -- - --- - A �y�� ELEV. 0 -0 - - G 0 LIVING ROOM F.F. ELEV. -l'-7" y 'Y TERRACEF.F. - - - -- ------.._. ---------- - -- --- -- -- --- --- -- ---- - -- ---- -------- ----- - ELEV. -2'-8" J� o29A�1' O� ElAL MAP TF OF NE`N y EE BY x R ('V N SEE ED+F USION BUILDING SECTION W PROPOSED HALF SCALE � 01 BUILDING SECTION A-21.2 3/16' = 1'-0' PROJECT: 338 U a a r� H u v EX. EXTERIOR WALL ASSEMBLY x WATERPROOFING AT CONNECTION N © 2x10 BEAM AT EX. EXTERIOR WALL FINISH AT TERRACE ROOF 2x8 JOISTS AT 12" 0.C. , FASCIA BOARD (3) 2x10 8c (1 ) 2x6 BEAM. BOLT CONNECTION THRU CENTER OF 2x6 EX. FLOOR ASSEMBLY 6x6 POST 2" BLUE STONE TOP 6" CONCRETE SLAB PERMIT APPLICATION 09.06.22 GRAVEL FILL VARIANCE SET 12.13.21 WALDIN PEQUOT POINT 2875 CASTLE ROAD FISHERS ISLAND,NEW YORK 06390 CONCRETE POST ANCHOR AT 6x6 POST MASONRY STEPS WITH BLUE STONE TREADS TO MATCH — - - - �- ----- - - --X -- - - -x - --- --- - -- -- - - - - -- ----*----x--- -* ---- x CONCRETE FOUNDATION 8c FOOTING 0000 0000 ( E00000 Sip 00000 000D00000ao oDOD0000000 a 000000D00000 a 00000000000❑ x- — — — -x — X KINLIN RUTHERFURD ARCHITECTS, PLLC 330 WEST 38TH STREET,SUITE 1006 TEL(212)695-2988 W � x NEW YORK,NEW YORK 10018 FAX:(775)582-1736 Q Ep ARCyi�c" W m CONCRETE FOUNDATION 8c FOOTING x-- - — ---x - - .9T 0294 �O? M F OF Nti`N N N GRAVEL FILL DETAIL SECTION W tv! L. SAP EX. FOUNDATION WALL �lIWID BY ZDA DECISIONSEE # �� _ HALF SCALE DETAIL SECTION A-213 O3/4' 1'-0' ATED � /� PROJECT: 338 vr,* [Z /YJ COUNTY OF SUFFOLK Mal (_ (,t� 71)-4 pFFIC OF THE COUNTY EXECUTIVE, Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Commissioner Development and Planning December.21, 2021 Town of Southold : Zoning Board of Appeals 53095 Main Road, P.O,Box 1179 DEC 9 7 Southold,NY 11.971,0959 Attn; Leslie Weisman ' ' Dear Ms. Weisman:. PursuarittQ the requirements of.:Sections;A1444ahru;A 14-25..of"the.Suffolk County.Administrative Code, the followving application-sti Ifted to the Suffolk'County Planning Cgmrnission Is to,.be.47. ;matter for lgcal cieterrrinatign.asthere appearsafpi,- no slgnifcant.county wide orinter.-community :..,a. c ec i lo.`al dee` irrati n.should not;be.construed;'as either:an a .rpval or m pa;is t..rrri .,o, . , . _ .pP. cissa r vat A. licarit:.. . 1VIuaici "a1:FleNumber' U KIrn Ulmet , Called ,Krupski. 0. I4 Andres 'Marissa:Garcia #7615:A Pequot Point LLC. Very truly yours,: Sarah Lansdale Dire'etor-o€Planning o IGZ . By Christine DeSalvo Theodore R. Klein, Principal Planner 7. TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG ■100 VETERANS MEMORIAL HWY,11th FI 0 P.O.BOX 6190 ■HAUPPAUGE,NY 11788-0099■ (631)863-6191 OFFICE LOCATION: P?,..) rg SoUjifO MAILING ADDRESS•. Town Hall Annex P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY 11971 G • Telephone: 631765-1938 'OU141`1,��� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair ECEIVED Members of the Zoning Board of Appeals AY.0 3 .2022 _ From: . Mark Terry, AICP Assistant Town Planning Director [Zo:ningBoard of Appeals LWRP Coordinator Date April 18, 2022 Re: LWRP Coastal Consistency Review for ZBA File Ref PEQUOT POINT LLC#7616 S CTM#1000-5-2-10.12. PEQUOT POINT LLC #7616—Request for Variances from Article III, Section 280-15;Article XXII, Section 280- 116A(1); and Building Inspector's October 15,2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single-family dwelling and to construct a new accessory garage, at; 1) dwelling is located less than the code required 100 feet from the top of the bluff; 2) garage is located in other than the code permitted rear yard; located at East End Road/2875 Castle Road, (Adj. to Block Island Sound) Fishers Island,NY. SCTM No. 1000-5-2-10.12. 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 we'll as the records available to me, the proposal is recommended as CONSISTENT with the LWRP. This recommendation is based upon: 1. The parcel is improved and the bluff appears to be stable and vegetated. 2. The proposed additions are not located in the CEHA. 3. The accessory garage proposed is not discordant with community character. 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 ti FORM NO. 3 `14 L TOWN OF SOUTHOLD DEC BUILDING DEPARTMENT SOUTHOLD,N.Y. ��� � zX NOTICE OF DISAPPROVAL DATE: October 15, 2021 TO: Bruce Kinlin (Waldin) 330 West 38th Street#1006 New York,NY 10018 Please take notice that your application dated April 5, 2021: For permit to: construct additions and alterations to an existing single family dwelling; and to construct a new accessory garage at: Location of property: East End Road, Fishers Island,NY County Tax Map No. 1000—Section 5 Block 2 Lot 10.12 Is returned herewith and disapproved on the following grounds: The proposed construction, on this conforming 173,804 sq. ft. parcel in the Residential R- 120, is not permitted pursuant to Article XXII Section 280-116A(1),which states: "All buildings or structures located on lots upon which there exists a bluff landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff." The site plan shows the terrace construction at 75'-4" from top of bluff. In addition, the accessoryygarage construction is not permitted pursuant to Article III Section 280-15, which states: "Accessory buildings and structures or other accessory uses shall be located in the required rear yard. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front yard principal setback requirements as set forth by this Code and the side yard setback requirements for accessory buildings". The proposed garage is located partially in the side-yard._ �� 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. i MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON,NEW YORE 11968 PHILIP B.MATTHEWS 631-283-2400 (1912-1992) FACSIMILE 631-287-1076 STEPHEN L.HAM,III _ EMAIL STEVEHAM190@GMAIL.GOM -OF COUNSEL- BABBABA T.BAx December 14, 2021 BY UPS Ms. Kim Fuentes Town of Southold DEC 1 2021 Board of Appeals 54375 Main Road Southold, NY 11971 Re: Application of Pequot Point LLC I pp q , (SCTM No. 1000-0052.00-02.00-010.012) Dear Kim: In connection with the referenced application relating to certain new construction on Fishers Island, I have enclosed ten sets (including the attached set of originals) of the following documents: 1. Letter of authorization, dated June 15, 2021, signed on behalf of the owner, Pequot Point, LLC, authorizing me to act as its agent in connection with this application. 2. Two Applicant Transactional Disclosure Forms, one signed on behalf of the owner, Pequot Point, LLC, and a separate one signed by me as agent. 3. Notice of Disapproval, dated October 15, 2021. 4. Application to the Southold Town Board of Appeals, duly sworn to by me as agent, including Area Variance Reasons and Applicant's Project Description, together with attached copy of FIDCO covenants. 5. Questionnaire, signed by me as agent, together with a copies of Pre- Existing Certificate of Occupancy No. Z-20318 covering a one-family dwelling with accessory swimming pool & fence, pool cabana and attached decks, and Certificate of Occupancy Nos. Z-20316 covering a deck addition, Z-20317 covering an addition to existing deck, 41288 covering a 400-amp underground electric service with two 200-amp main panels, and 39412 covering repairs to an existing pool house and deck. 6. Short Environmental Assessment Form, signed by me as agent. I Ms. Kim Fuentes Page 2 December 14, 2021 'r 7. LWRP Consistency Assessment Form, sig IJ Wll agent. 11�` 8. Agricultural Data Statement, signed 9. Copy of current assessment cards from the Office of the Board of Assessors. 10. Photographs showing existing structures and the staked locations for the proposed steps and garage. 11. Site Plans, Demolition Plans, Construction Plans, Elevations and Building Sections consisting of fifteen sheets, including a title sheet, prepared by Kinlin Rutherfurd Architects, PLLC. I have also enclosed my check to the Town of Southold in the amount of $1,000 to cover the application fee for the two requested variances. Please review the enclosed and give me a call if you require any further information, documentation or payment before this application can be placed on your calendar for the earliest possible public hearing. Thank you for your attention to this matter. Very truly yours, Stephen L. Ham, III Enclosures Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE DEC 2021 House No. 2875 Street Castle Road Hamlet Fishers Island 005.00 02.00 010.012 3. SCTM 1000 Section Block Lots) Lot Size 99 acres Zone - I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED_ er-15, 2021 BASED ON SURVEY/SITE PLAN DATED September 22, 2021. Owner(s): PEQUOT POINT, LLC Mailing Address: 264 Eden Road, Palm Beach, FL 33480 c/o Matthews & Ham Telephone: (631) 283-2400 Fax: (631) 287-1076 Email: stevehaml90@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: Stephen L. Ham, III, ,.Esq. for(X) Owner( )Other: Address: Matthews & Ham, 38 Nugent Street, Southampton, NY 11968 Telephone: (631) 283-2400 Fax:_(631) 287-1076 Email: stevehaml90@=ail.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED ; September 22;2021and DENIED AN APPLICATION DATED April- 5, 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: III Section: 280-116(A) (1)&280-15 Subsection: Type of Appeal. An Appeal is made for: (X)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( ) Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( ) has, (X)has not been made at any time with respect to this Property,UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# IREASONS FOR APPEAL (Ptedse be specific, additional sheets may be used with preparer's 1, signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to new ?(19 properties if granted,because: most of the proposed garage location is in a conforming front yard on this waterfront property and the relatively small portione ��m•:, in a side yard meets the side yard setback and is well away from t e' ui ding 1 envelope on the nearest adjoining property. The terrace constuction that is �� 1Q proposed would not be visible from any neighboring properties. 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: !steps are necessary for the terrace construction and the encroachment into the 100-foot bluff setback cannot be avoided due to the existing --^-- construction. A partial 'side yard location for the garage is the only option given that rear yard -locations are all within the 100-foot bluff setback and a total front yard location would be out of character for the neighborhood. 3.The amount of relief requested is not substantial because: while the steps will be added to. the existing terrace, their encroachment into the 100-foot bluff setback at 75' 4" is relatively minor in lightlof the fact that an existing pool and pool house are located much closer to the top of the bluff. The garage will be located partially within a side yard but still well away from the building envelope of the nearest adjoining property. I 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: except for the minor encroachment of the terrace steps into the 100-foot bluff setback, construction that will have a low impact, the new construction will be outside of that setback. Moreover, the applicant is undertaking a project for khich it has applied to the r6levant governmental authorities to inhibit further erosion of the bluff. 5.Has the alleged difficulty been self-created? ( )Yes,or gJ No Why: The owner is applying for all required permits before undertaking construction and is attempting to conform to all Code requirements to the extent feasible. Hardship results in this case not from any act or omission of the owner but from the location of existing structures and the configuration of the lot. Are there any Covenants or Restrictions concerning this land? { } No {14 Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this Il"da Stephen L. Ham, III, authorized agent y � of 20�_. 1 . y Public BISMAR TRUJILLO BARRIOS Notary Public,State of New York j Reg.No.OITR6385456 IQualified In Suffolk County Commission Expires January 7,2023 FISHERS ISLAND DEVELOPMENT CORPORATION Restrictive Covenants Relating to Development and Annual Assessment �Q 1 Set forth below are the operative provisions of the restrictive covenants imposed by FIDCO and its predecessors, Fishers Island Corporation and Fishers Island Estates, Inc. (referred to therein as "grantor, its successors or assigns") in the deeds to all.lands in the Olmsted"Park" east of the gate on Fishers Island, relating to the construction of improvements on and landscaping of such lands and the payment of annual maintenance charges, as such covenants were modified and renewed for a term of 20 years from April 15, 2005. These covenants "run with the land" and are binding on all such lands and on the owners thereof and their transferees and assignees (referred to therein as "grantee, his heirs, successors or assigns"). With the consent of the specified majority in acreage of the owners of lands in the "Park",these covenants may be further modified and further renewed for successive terms of 20 years. "That the aforesaid premises shall be occupied and used by the grantee, [his/her] heirs and assigns, for private residential purposes only, and not otherwise, and there shall be erected thereon only a private residence for the use of one family only,together with the necessary outbuildings appurtenant thereto, PROVIDED that if more than one homesite is hereby conveyed, only one such residence shall be erected or maintained on each of such homesites, which are hereinbefore respectively designated as Homesites Nos. ,,That no building or other structure shall be erected on the aforesaid premises, no alterations shall be made in the exterior of any building or other structure erected thereon, and nothing else shall be done materially affecting the appearance of the aforesaid premises except according to plans (including exterior color scheme, grading plan, planting plan and location plan)which shall have been approved in writing by the grantor, its successors or assigns. "That no stable for live stock shall be erected or maintained on the aforesaid premises by the grantee, his heirs or assigns, and no live stock shall be kept on any part of the property hereby conveyed, without the written consent of the grantor, its successors or assigns. "That the premises herein conveyed shall be kept free from any nuisance, and from any object or condition otherwise offensive to the neighborhood, or dangerous to the health of trees or other vegetation in said neighborhood. 1 id^ "That from and after April 15, 2005,the grantee, his heirs, succes assigns, by the acceptance of this deed, covenants and agrees to pay to tg6 � r grantor, its successors or assigns: (a) an annual basic maintenance charge, as fixed by the grawaaF successors or assigns, which charge, except with the consent of the I owners of a majority in acreage of all land within the "Park," shall not exceed in any one year$100 per acre, said charge to be applied to the maintenance, repair and improvement of roads, sidewalks; sewers and gutters, and to the collection and disposal of garbage and other refuse; and (b) an annual supplemental maintenance charge, as fixed by the grantor, its successors or assigns, which charge, except with the consent of the owners of a majority in acreage of all land within the"Park", shall not exceed in any one year$2,000 per parcel, said charge to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the establishment and maintenance of suitable reserves therefor, and to the collection and disposal of garbage and other refuse. "In establishing from time to time the amount of said annual supplemental maintenance charge, different charges may be made applicable to improved and unimproved parcels. In no event shall the grantee,his heirs, successors or assigns,be obligated to pay in any one year a supplemental maintenance charge with respect to more than one parcel owned by the grantee in the "Park", provided,however, if any parcel owned by the grantee,his heirs, successors or assigns is an improved parcel,the supplemental charge payable shall be in the amount then established for improved parcels. Solely for purposes of the preceding sentence the term"grantee" shall include the grantee and such of his spouse and minor children that were resident in his primary household for 180 or more days during the year in question. "Said basic and supplemental maintenance charges shall be payable annually with full payment due within fifteen(15) days of receipt of a written statement therefor. Unpaid maintenance charges are hereby made liens on the premises.Nothing herein contained shall obligate the grantor, its successors or assigns to maintain, repair or improve any roads, sidewalks, sewers (except such main trunk line sewers as may exist from time to time) or gutters or to collect or dispose of any garbage or other refuse. In no event shall the grantor, its successors or assigns be liable to the grantee,his heirs, successors or assigns for any failure of performance hereunder unless such failure is attributable to the negligence of the grantor, or its successors or assigns, in which event any such liability shall be limited to the amount collected pursuant to this paragraph." APPLICANT'S PROJECT DESCRIPTION I. For Demolition of Existing Building Areas DEC Z�Z� Please describe areas being removed: •� � At the ExistingTerrace on the East water side o the Main House, the axed r ' bx �^oo �ow ( ) f fi f terrace walls, and terrace steps will be removed. H. - New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: New Terrace Roof.- 35'-5"x 14'-0" New Terrace Steps: 34'-11"x 4'-8" New Freestanding Garage: 60'-5"x 29'-2" Dimensions of floors above second level: N/A Height(From finished ground to top of ridge): 22'(Garage) Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: N/A III. Proposed Construction Description(Alterations of Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: The Existing Terrace is a single story structure adjacent to the main 2-story house to the East. The Existing Garage is a single story structure adjacent to the main 2-story house to the North. Number of Floors and Changes WITH Alterations: The Terrace Roof will be elongated and will remain a one floor structure. The New Garage will be a new two story freestanding structure. IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 4,601 sf Proposed increase of building coverage: 1,846 sf Square footage of your lot: 4.00=L Acres (174,240 f sjg Percentage of coverage of your lot by building area: 3.7% DEC g 2021 V. Purpose of New Construction: 4, u6F ��� '' The Existing Terrace and Terrace Roof currently consist of multiple sections, and multiple materials. Our goal is to create a Terrace Roof that fits seamlessly into the look and feel of the Existing House, and sits within the existing footprint. The New Garage will allow for more car storage as well as long term storage above. Once the New Garage is built, the old Garage will be converted into a Family Room. VI. Please describe the land contours(flat,slope %,heavily wooded,marsh area,etc.)on you land and how it relates to the difficulty in meeting the code requirement(s): Most of the lot is relatively flat with about a 6%slope from the Existing House to the beach where there exists a bluff with a slope of 85 %. The Existing House sits adjacent to this bluff and the rocky beach of the Block Island Sound. The Existing House, and Existing Terrace sit beyond the associated bluff setback line. This would make any construction to the East Fagade non permissive, even within the existing footprint. Building the Garage to code would require a more disruptive intervention to the natural landscape including additional excavation and the removal of old'growth trees. The proposed location aims to conserve more of the existing landscape. 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 < MA.TTHEWS & HA1vI .ATTORNEYS AND COUNSELORS AT LAA 38 NUGENT STREbT SOUTIiA.MPTON,NEW YORH 11968 MAY �1 PHILIP'B.AIATTIIEWS 4 2022 (ieizanos) (i31-283-2<400 � pG FAGSITIILb 831-287-1076 �tl�n��,��J $� ��q STLPREN�I,.Hnu,III IFF��? ENLIIL STEVBHA,1190@GNIAIL.O0M A -OF COUNSEL- B6RBAIu T.IL-NE May 5, 2022 MEMORANDUM TO: Zoning Board of Appeals Town of Southold FROM: Stephen L. Ham, 111 RE: Application of Pequot'Point, LLC (SCTM # 1000-005.00-02.00-01.0.012) This Memorandum is submitted in support of the application by Pequot Point, LLC (No. 7616.) for variances relating to premises .owned by it at 2875 Castle Road on Fishers Island (SCTM # 1000-005.00-02,M010,012). VARIANCES REQUESTED The owner isf requesting variances to the Southold Town Zoning Code (the "Zoning Code") to permit the addition of new steps and.a new roof at an existing terrace at the principal dwelling and the construction of a new detached garage with an exercise room rand storage areas on its 4.00-acre parcel as shown on the VValdin House Plans prepared by Kinlin Rutherfurd Architects, PLLC. One requested variance�would permit the terrace additions at a setback.of 76' 4" from the.top of the bluff at the,eastern edge of the property and the other variance would permit the construction of'the new garage in what the Building Department has determined to be a location other than the,required rear yard, namely, a side yard. The 1 t IYD 'f'irst`requested variance�relates:to the.requirement under.Section 280-1-16(A).6f the.Zoning Code that-struetures e set.,back-not,fewer:than 100 feet frorim the,top of.a,blOff an:d the . second requested variance'relates.fo the requirement under;Secti.on 280-15 of the Zoning Code that:accessory buildings-and struetures-be located in-the required rear yard or,.in the case of a waterfront parcel; in a front yard so'long as principal dwelling setbacks are met. . Since the uses.of the terrace additions and a detached garage are permitted, uses in :this..:R=120 Zone District and.the..relief sought relates to the dimensional and physicah requiremenfs:of the..Zoning Code;_the'requested-variances are area variances. Town Law § 267.:1. Therefore;the.standards'of Town Law.§267-15.3(b):app!y: The, factors to be considered.-by a.�zoning board of appeals' in making a determination reg;ardingg an area variance underTown"Law§267-b.3(b) areas follows: (1) the benefit-to the, applicant as weighed against-the detriment to the health,.safety and welfare,;6f.the neighborhood or eommunity;.'(2) whether an undesirable change will be produced in the.character of the,neighborhood or:to nearby.properties; (3) .whether the benefit;sought-can 66,6* hievedIn another rh8dh6r;,(4)whether the yariance-is substantial; (5), .whether the.,variance wilFhave.., an adverse -effect ori physical :or environmental conoitions;.and (a)wile therthealleged.difficultywas.self-created. Anexaminationl&the circuinstghc*es present in the instant matter.in.light of.the foregoing.factors follows. 1. Relative Benefit and Detriment, The applicant seeks the benefits of amore functional terrace and ,e riew,:.accessory:structure. In the area 'of the proposed terrace,add tions. there are already,an existing.roof`and.steps.which.the=applicant intends to,-replace with:ones that will:better serve.their purpose, The garage with exercise room and storage areas, s:hew but; even after its;construction and the completion of,an addition 2 fio-,the principal dimelling; lot'coverage on the sufjject parcel will be-only 8boat:.60,/0, irvell below.the 220% maximum;allowed under the Zoning Code. (At:174;1 GO,square:feet; the:' subject pareel::exceeds th'e:mihimuM- to t..area'requi'rement:fjy,45%:and is {argerthan all other homesites in its immediate.neighborhood.) Under.these 'circumstances it is_ not . unreasonable:for.the owner to obtain the benefits of more functional terrace features and of.a^detached garage with exercise room:and storage areas, uses that are permitted and in.keeping with.. Mf character ofahe:neighborhood. There'.should be no°detriment to the health,, safety or we of the neighborhood ,by the.grantmg of the requested variances. There will,be no,increase in noise or'traffic: .While there will;be some change to the physical characteristics at the-site, given the-size-Of th.esub1ect parcel, the',overallimpacfshould. be slight: Moreover; as described in::Section 5:below-,the-owner is addressing safety concerns.by undertaking an ambitious-bluff protection, project forwhich a permit from the Town Trustees is pending. ,2. Ch8r6cterofthe Neighborhood. The replacement of the terrace roof and:st 9 g . g p p eps.,and:the addition<of a-detached ata e.buildin �n-the ro osed location wifl.not result in.,anundesirable,change,in;the:neighborhood::o'r to;.nearby:.prop ernes. . 'Tho,p,roposed .terrace roof and,.steps-Will._merely:replace similar features at the principal dwelling�. :Several-existing structures on.the;subiect'parcel,(pool' pool house anddeck),are,even closer. to'the- bluff than.the. new-terrace.-construction will be. In. any event,the changes to the terrace velli be invisible to nearby properties. Detached.garages.are not,only permitted under the Zoning Code,.,they are common structuresg ,on.Fishersas(and,.includitho n se-present inside yards. The proposed,'- location:.in this case is of a significant,distance not only from he building.envelope'bn the - - ju\�O nearest adjoining property but even from the boundary line of that property, and the addition of the 1,712.6 square-foot:garage will increase lot coverage. by less than.one percent. Finally, it is,worth noting that the proposed location of the garage building easily satisfies the front., side and rear yard (as well as bluff) setbacks required for a principal dwelling. In other words, but for the presence of-the existing principal'dweljing, the new structure couid be,built in.that footprint as of right without the need fora variance! Moreover, although the Building Department has characterized the proposed location of the structure as partially within a side yard (presumably because it would be built partially to the "side" of and not entirely in"front" of the existing dwelling), it would arguably be in thefront yard under the definition of that term* and therefore in a conforming location on this waterfront.parcel pursuant to Zoning Code §280-15.F. 3. Alternatives. Insofar as the terrace additions are concerned,the owner desires to replace a roof and steps, removing_ alow wall in the process; to improve the functions of those features. Since the entire existing terrace is within the 100-foot bluff setback, there is no alternative jo securing a variance-to accomplish that goal, With regard to the proposed garage, given the proximity of the bluff, a rear yard location would require-an even greater variance and placing that structure closer to the street line. to put it entirely within the front yard would certainly be more obtrusive visually, thereby.producing an adverse impact on the, neighborhood. Moreover, the *"An unoccupied ground area open to the sky between the street line...and a line drawn,parallel thereto." Zoning Code §280-4. 4 ,proposed_location was selected with the goal_of,pr,.eserving the natural landscape to then \� ,greatest degree, Additional excavation and the removal of old growth tre`es,would be required without.the proposed ,use of a small portion of what the Building Department characterizes aside yard.for the garage location_. Based on.'the foregoing,,-,the benefits;sought in this ease cannot reasonably ibe achipved yin another manner. .A variance.cannot be avoided for;the:terrace additions or with a,rear-yard, garage.,site.for.the ara e:, .And with an entirely front yard site for.the garage resulting in *an adverse- impact both isuaHy and with regard :to. the 'existing natural landscape,.the proposed'location for the garage is the best alternative. .4. SubstantiahNature of Variance" The variance to permit the proposed replaent°'of cemtheaerrace,roof:a, d steps should not.be deemed to,be,substantial._ .The , new structures will mb�et,75°lo..oftlie required 100-foot:setback.' The terrace itself and even.' a portion of the dwelling are.already within that setback as,are'a pool;:pool.house and'deck which -are' actually- closer..to the to of: the bluff-than the new construction, will be., Substantiality is further mitigated by the measures the owner will be'undertaking to.control erasi.omat the.bluff. Concerning.the proposed garage location, even- accepting the Building - Department°_s,deterrriinatio'n (which we believe is questionable as'd_iscussed in Section 2 above),,only about:one-fourth`af the structure is,. not;in-a:conformi' front'yard.-location'. . Moreover; ft,,proposed buildihg,actually.meets-the setback requirements:fora principal. -dwelling, and,,given;the. substantial.size of the property.and .distance-from the nearest boundary line; it would have minimal impact'on.the neighborhood. In light of those-factors and •the.,lack offeasible alternatives,-the'issue, of'substantiality of, the garage,side yard 5 variance shoul'd,be given little weight. /\�Q 5.- Impact on-,Rhysical and Environmental Conditions. As noted above, the terrace additions will be made in.and:around an:.existing terrace`that'is in.-the 100-foot bluff setback, .not in a. different heretofore' undisturbed portion ofaheproperty, and the.: proposed garage locatiowis designed to minimize the impact on the existing landscape and to conserye it, to. the ,greatest. extent.-possible byavoid -additional excavation and prese,rvip _,old . � p. physical` '� g growth areas. Accordingly,,--the' im act: on . h sical and environmental.- conditions will'.be slightjn-one.case and reasonab`Iy mitigated.in the:other. In�additibh:to theforegoing factors, the:owner will be undertaking erosion control measures=as part of its overall project for.improvements at the subject-property. In that regard,:it has.applied to the Town Trustees and the-New York:S.tate Department of Environmental Conservation for appropriate permits.. A copy of the Negative Declaration of the Board of Town Trustees_describing the slope,stabilization,plan,is attached hereto as Exhibit A:. 6' SeIf=*Created',Hardshio::- The issue of self=created.;hardship is not pertinent.here: The applicant,.is:seeking,the proper approvals prior to construction, not seeking to legitimize some illegally built structure. Its rightlo the variances:depends o'nthe ' circumstances:peculiar to this property:and,absent other factors, is the same right as any prior.owners hate had:and any.future Owners would have. ;Accordingly, theinterests of juicewouldbesvedbgrnting th .veariances. CONCLUSION. For•-th '.foregoing-reasons, the.variahces.requested .in order,to,permit the applicant to proceed with the.prop:osed construction.,activities 'Shouldbegranted: S.L.H., III s .q e - Glenn.Goldsnlith.President Town Hall,Annex A.Nicholas Kr'upsiii, Vice President : "'..y. '. 5'1375 Route 25 rsr. :; Jahn M. Bredemeper.III- ; P.O.Bos 11.79 Southold;?�Tew York 11911 Michael J. Domino Telephone(631) '76157,1892 Greg Williams. Fax(631) 765-.6641 BOAR,P OF TOWN TRUSTEES TMA N,OF SOUTHOLD O.ctob.er 21, 2021 Glenn E. Just J.M.O. Environmental'Consulting Services P.O. 'Box 447 Quogue, NY 11959=0447 RE:. ENVIRQNMI NTAL DECLARATION OF SIGNIFICANCE.PURSUANT TO NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT NYCCR PART617 PEQUOT POINT, LLC cloERIK WALDIN 2875 CASTLE ROAD, FISHERS ISLAND SCTM# 1000-5-2-1©:1.12 Dear`Mr. Just; The Southold Town Board of Trustees adopted the following Resolution at a meeting held on Wednesday, October 20, 2021 , DESCRIPTION OF ACTION: J.M.O. Environmental Consulting .on behalf of'PEQUOT POINT,LLC, c/o,ERIKWAL®IN requests a Wetland Permit and a Coastal Erosion. Permitto stabilize approximately 460' of slope by removing and storing existing boulders; excavating.a 460'x15' area by 3'; installing geotextile fabric; installing a crushed rock filter layer utilizing 3" diameter stogie; installing boulders (minimum diameter 2' on a 2:1 slope); install native material fill and piant disturbed slope with native shrubs (rasa rugosa and bayberry), and grasses; and at end of construction repair the existing path to beach and install steps in rock slope to the.beach. Located: 2875.Castle Road, Fishers:Island. SCTM# 1000-5-2-10.12 S.E.Q.R.A., NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE: WHEREAS,,th,e.Southold Town Board of Trustees are familiar with this project having visited the site on August.8;,2018,. and having considered the survey of property by WE Associates-Engineering, Land Surveying &Architecture, PLLC dated August 24, 2018,,and having`considered the plans for this proposed project submitted by CME Associates,Engineering, Land Surveying &Architecture, PLLC dated August 24, 2018 at the Trustee's October 18, 2021 work session, and Pagel of 2 WHEREAS, on October 20, �LY11 the Southold Town Board of Trustees declared itself Lead Agency pursuant to S.E.Q.R.A..; and, WHEREAS, on October 20, 2021 the Southold TownBoard of Trustees classified the application as an unlisted action pursuant to:S.E.Q.R.A.; 'and, WHEREAS, in reviewing project plans submitted by CME Associates Engineering,, Land Surveying,&Architecture,, PLLC dated August 24,2018 it'has been determined by the Board of Trustees that all potentially significant environmental concerns have been addressed as noted herein: Vegetative, non-structural measures are not capable of stabilizing the erosion of the. bluff.alone.° Protection ofthe toe of bluff, using hardened structures including rock revetment is necessary. • No existing rocks or boulders are to<be utilized, moved; or relocated on the beach. ® .As time progresses, continued,soil loss at the toe of the bluff may lead to habitat degradation and bluff instability. A site inspection by the Southold Town'Board of Trustees recognized erosion on this property and the need for a bluff stabilization/erosion control plan: TKEREFORE, according to the foregoing, the Southold Town Board of Trustees Approve and Authorize the preparation of a Notice of Negative Declaration pursuant to. SEQRA for the aforementioned project. If you. have any'questions.regarding the above, please contact this office.. Very-'.truly yours, -t' Glenn Goldsmith, President Board of Trustees Page 2.of 2 'r QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes x No B. Are there any proposals to change or alter land contours? DEC I 021 X No Yes please explain on attached sheet. Zee �k@T'7s7,7)r�}r7M-P-4? C. 1.)Are there areas that contain sand or wetland grasses? yes 2.)Are those areas shown on the survey submitted with this application? yes 3.) Is the property bulk headed between the wetlands area and the upland building area? no 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? yes Please confirm status of our in ui or application with the Trustees: application ero. �z co tr 1 roe t pp pp pending for bluff and i?issue , plea,, a acch copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? 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? yes_If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: alterations to existing dwelling and garage - permit attached G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel?no If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel single-family residence with pool and pool house and the proposed use same with addition of detached garage and steps for ear terrace (ex: existing single family,proposed: same with garage,pool or other) /2021 Authorized signature and Date Stephen L. Ham, III, authorized agent I FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT ; Office of the Building Inspector Town Hall Southold, N.Y. DEC 1 6D ?07! CERTIFICATE OF OCCUPANCYC�� `'� `")�''r~'t ��j No Z-20316 Date OCTOBER 29, 1991 THIS CERTIFIES that the building ADDITION Location of Property EAST END, PRIVATE ROAD FISHERS ISLAND, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 5 Block 2 Lot 10.9 subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 10, 1986 pursuant to which Building Permit No. 15272-Z dated SEPTEMBER 17, 1986 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is DECK ADDITION TO EXISTING ONE FAMILY DWELLING The certificate is issued to KATHLEEN METZ (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A J Building Inspector Rev. 1/81 i FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. DEC T 2029 CERTIFICATE OF OCCUPANCY zc1:111u1Gr��r-IT IT NO Z-20317 }ate OCTOBER 29, 1991 THIS CERTIFIES that the building ADDITION Location of Property EAST END PRIVATE ROAD FISHERS ISLAND, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section - 5 Block 2 Lot 10.9 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 16, 1988 pursuant to which Building Permit No. 17489-Z dated AUGUST 16, 1988 was issued, and conforms to all of the, requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ADDITION TO EXISTING DECK The certificate is issued to KATHLEEN METZ (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL NfA UNDERWRITERS CERTIFICATE NO. NLA PLUMBERS CERTIFICATION DATED N/A JVZ :Building nspector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT 4 .-y Office of the Building Inspector Town Hall Southold, N.Y. DEC I PRE EXISTING CERTIFICATE OF OCCUPANCY �� No Z-20318 Date OCTOBER 29 1991 THIS CERTIFIES that the building ONE FAMILY DWELLING - Location of Property EAST END, PRIVATE ROAD FISHERS ISLAND, NY House No. Street Hamlet County Tax Map No. 1000 Section 5 Block 2 Lot 10.9 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER •Z-20318 dated OCTOBER 29 1991 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY SWIMMING POOL & FENCE POOL CABANA & ATTACHED DECKS. * The certificate is issued to KATHLEEN METZ (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. Building I spec or Rev. 1/81 BUITI°,G DEPA T:•IENT TO51N OF SOUTHOLD, N. Y. L '.40 I .� HOUSI'M CODE INSPECTION REPORT '� �� ' Location EMT END, PRIVATE ROAD FISHERS ISLAND, N.Y. r1 �nunber do s treez �i•iunicipaiiz ?.021 Subdivision Map No. Lot(c) Name of Owner(s) KATHLEEN METZ Occupancy B-1 �Ve' (type) owner-tenant Admitted by: SELF Accompanied by: _ Key available Suffolk Co. Tax No. 5-2-10.9 . Source of request BAGLEY REID Date OCT. 28, 1991 Dt�ELLING Type of construction WOOD FRAMED rstories 2 Foundation CONCRETE Cellar 1/2 Crawl space~ Total.rooms, lst. F1 9 2nd. F1 10 3rd. Fl Bathroom(s) 6 Toilet room(s) 1 • Porch t OPEN type Deck, type Patio, type-MASoxARY Breezeway Garage ATTACHED Utility room Type Heat OIL FIRED Warm Air Xg Hotwater Fireplace(s) 1 No. Exits 5 Aircorditioning Domestic hotwater YES Type heater OIL FIRE Other ACCESSOR`f STRUCTURES: Garage, type const. Storage, type const. Swimming pool 1 WITH FENCE Guest, type const. Other POOL CABANA S ATTACHED DECKS VIOLATIONS: CHAPTER 45--N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE Y Location Descrintion jArt. 1 Sec. NO VIOLATIONS I THIS INCLUDES BUILDING PERMIT #15272—Z 1 CO Z-20316 FOR A DECK, BUILDING PERMIT #17489—Z CO Z-20317 FOR AN ADDITION TO EXISTING DECK. Remarks: Inspected by: ROBERT E. WALL Date of Insp. OCT-28, 1991 -Time start end gUEFt? ra, Town of Southold 12/19/2017 P.O.Boz 1179 K d` (11 o • ! 53095 Main Rd Southold,New York 11971 DEC 16' ?029 ZL CERTIFICATE OF OCCUPANCY i! No: 39412 Date: 12/19/2017 THIS CERTIFIES that the building HISTORICAL Location of Property: E End Rd.,Fishers Island SCTM#: 473889 Sec/Block/Lot: 5.-2-10.12 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 10/23/2017 pursuant to which Building Permit No. 42079 dated 10/23/2017 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: REPAIRS TO AN EXISTING POOL HOUSE AND DECK AS APPLIED FOR The certificate is issued to King,Henry&Margaret of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 42079 11-15-2017 PLUMBERS CERTIFICATION DATED th rized Signature f i ouFFO(kCa Town of Southold 7/25/2020 P.O.Box 1179 y-y� fi 53095 Main Rd Southold,New York 11971 " YAff� DEC I ml CERTIFICATE OF OCCUPANCY :; ��x� �r=� :� . No: 41288 Date: 7/25/2020 " THIS CERTIFIES that the building � ELECTRICAL Location of Property: E End Rd,Fishers Island SCTM#: 473889 Sec/Block/Lot: 5.-2-10.12 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 9/20/2019 pursuant to which Building Permit No. 44215 dated 9/25/2019 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: 400a undergroud electric service with 2-200a main panels. The certificate is issued to Pequot Point LLC of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 44215 7/23/2020 PLUMBERS CERTIFICATION DATED Authorized Signature f , , TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE DEC ?021 : SOUTHOLD, NY ar BUILDING PERMIT � (THIS PERMIT MUST BE KEPT ON THE PREMISES �J WITH ONE SET OF APPROVED PLANS AND SPECIFICATION_S UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit* 47156 Date: 11/2912021 Permission is hereby granted to: i _Pequot Point LLC 246 Eden Rd Palm Beach,FL 33480 i i To: construct alterations to existing single-family dwelling as applied for. At premises located at: E End Rd., Fishers Island SCTM#473889 Sec/Block/Lot#5.-2-10.12 Pursuant to application dated 11/1/2021 and approved by the Building Inspector. To expire on 613112023. Fees: SINGLE FAMILY DWELLING-ADDITION OR ALTERATION $278.40 CO-ALTERATION TO DWELLING $50.00 b Total: $328.40 i" i Building Inspector r AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special i.se permit, site plan approval,use variance, area variance or subdivision approval on propMIt-12021 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 S , . Department of Planning in accordance with Section 239m and 239n of the General � unicipal Law. �!J 1. Name of Applicant: PEQUOT POINT, LLC 2. Address of Applicant: 246 Eden Road, Palm Beach, Florida 33480 3. Name of Land Owner(if other than Applicant): same 4. Address of Land Owner: same 5. Description of Proposed Project: addition of steps to terrace at rear of single _ family residence, s ruction of defache garage — 6. Location of Property: (road and Tax map number) 2875 Castle Road, Fishers Island (SCTM # 1000-005.00-02.00-010.012) 7. Is the parcel within 500 feet of a farm operation? { } Yes {g} No 8. Is this parcel actively farmed? { } Yes {4 No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) 2021 Signature of Applicant Date Note: Stephen L. Ham, III, authorized agent 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B i d �54 Short Environmental Assessment Form(�p DEC I � 2079 Instructions for Completing _ � Part 1-Project Information. The applicant or project sponsor is responsible for the comj e;Wf Pi t espouses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part I -Project and Sponsor Information Name of Action or Project: PEQUOT POINT, LLC — Additions and Alterations to. Residential Property Project Location(describe,and attach a location map): 2875 Castle Road, Fishers Island, Town 6f Southold, county of Suffolk Suffolk County Tax Map No. 1000-005.00-02.00-010.012 Brief Description of Proposed Action: Addition of steps to terrace at rear of single—family dwelling; construction of new detached garage -- Name of Applicant or Sponsor: Telephone: (631) 283-2400 PEQUOT POINT, LLC B-Mail: steveham190@gmail.com Address: 246 Eden Road City/PO: State: Zip Code: Palm Beach FL 33480 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, M administrative rule,or regulation?If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2.2. Does the proposed action require a permit,approval or funding from any other governmental Agency? If Yes,list agency(s)name and permit or approval: X Suffolk County Department of Health Services (wastewater management) Town of Southold Board of Trustees (Permit or Letter of Non—Jurisdiction) 3.a.Total acreage of the site of the proposed action? 3.99 acres b.Total acreage to be physically disturbed? 0.35 acres c.Total acreage(project site and any contiguous properties)owned 3.99 or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban at Rural(non-agriculture) ❑Industrial ❑ Commercial ❑Residential(suburban) ❑Forest ❑ Agriculture ❑Aquatic 51 Other(specify): residential (rural) o Parkland Page 1 of 4 A L _ 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b. Consistent with the adopted comprehensive plan? t ;1546 .:1. X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? DEC 16 7079 . X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: Fishers Island X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 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: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: private on—site septic X system 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 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? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑ Suburban x Rural 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, X a.Will storm water discharges flow to adjacent properties? ®NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ®NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location of aneoJclp NO YES solid waste management facility? IJ�� If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoinV# INO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicantisponsor name- PEQUOT POINT, LLC Date: December/ ', 2021 Signature: By &�.s L, Stephen L. Ham, III, authorized agent Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have.an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may DEC 15 Mi occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse,environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 L- 2021 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT FILED DOCUMENT#L18000021745 Feb 18, 2021 Entity Nam 7 �i � F Secretary of State Current Principal Place of Business: 3939310152CC 140 ROYAL PALM WAY UNIT 201 PALM BEACH, FL 33480 Current Mailing Address: DEC 1 2071 140 ROYAL PALM WAY UNIT 201 _ _ PALM BEACH, FL 33480 US �:d u����t��� ,i" 'L5 FEI Number: NOT APPLICABLE Certificate of Status Desired: No ~Naa�m�,e� and Address of Current Registered Agent: T. 140 ROYAL PAM WAY UNIT 201 PALM BEACH,FL 33480 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: ERIK WALDIN 02/18/2021 Electronic Signature of Registered Agent Date Authorized Person(s)Detail Title MGR Name WALDIN,ERIK Address 140 ROYAL PALM WAY UNIT 201 City-State-Zip: PALM BEACH FL 33480 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:ERIK T WALDIN MGR 02/18/2021 Electronic Signature of Signing Authorized Person(s)Detail Date DEC I PEQUOT POINT, LLC 246 Edea Road Pala Beach, FL 33480 June:l,� , 2021 Board of Appeals Town of Southold P.O. Box 1179 54375 Main Road Southold, NY 11971 Re: Application for Variances at Premises at Fishers Island (S.C.T.M. No. 1000-005.00-02.00-010.012) Dear Board Members: The undersigned, the owner of premises situate at 2875 Castle Road, Fishers Island, New York (SCTM # 1000-005.00-02.00-010.012), hereby authorizes Stephen L. Ham, III of Matthews&Ham, 38 Nugent Street, Southampton, New York 11968, to act as its agent in making such applications to your Board and in taking any and all incidental actions in regard thereto, including without limitation, completing and executing the required forms, giving any required notices and appearing at any public hearings, as he shall deem necessary or advisable in order to obtain approval of any variances that are required in connection with the proposed additions and alterations atthe subject premises, including variances to the Zoning Code provisions referred to in the Notice of Disapproval, dated May 17, 2021, as the same may be amended from time to time. Very truly yours, PEQUOT POINT, LLC � ByU-a- ' Erik T. Waldin, Managing Member 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. YOURNAME : Stephen L. Ham, III, authorized agent of PEQUOT POINT, LLC (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.) TYPE OF APPLICATION: (Check all that apply) "� Y Tax grievance Building Permit DEC I ?Q�9 Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO 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 1'frtF aeceAtQ T-4- Submitted this dAr ay of e ,20 21 Signature -yL L t4 .ai Print Name Stephen L. Ham, III \ APPL3Q.t NDN BW NER TRANSACTIONAL IDLSCLOURE FOM TheT6*n of Soitthold's Code of hthacs'nrohibits conflicts of interest bw the 12aA of,town officers and emolovees.The nnroose of this £orm is'tn'prav§de iri£ortnation"which can alea°t the tcyrti Of 06ssible conflicts 6f interest and allow U to take•whatever.actioli is pecessary to avoid same:' t (Last liawe,firit xlamej middit: ytitt gap plyllig it)the Maine o sotrcone else,or other er:tity,Such u a eoanpany.3f so,li'dicaate tFae,6ther person's or coMpany's itlawe .TYPE SAF PLICA.`I`FO:EQT.;: cic all that apply,, Tax,grict`ance' : 13ueldingpermit DEC Variariee X Trustee Permit Chan a ofZone Coastal Erosion �^r��CW, tl, tprovalofPlaf „. .,. m9oring Otlier(activity)'• Planning Do you personAl y(ai._thl.6 sgl •.3'our compara3:,yp�oease,sihliiag,parent,or child)have a relationship with any oi'fcer.or emipl. YYee of_tis'e''I'owg'as:of' otittiolO 6`kMati6 ship"•incla;des by blood;marriage;or business-interest."I3oasit ass intt=rest" means a bsi,siness,isacladiasg a,jpartnersbip,in'jvhicPn theto officer ttr ennployee has.:even a.partiaf ownership,of(tar employwent bY.}..it cQro ratacta in s lsicsa`the.0 t±oF1Ar_eY.or e y �.ee owns.-more :.n °l�aft e'slYurts. SES _ TO _ x � yoet asaswv ted"I-W,-comp lete the balance of thi form.arttf date and sign where indicated. ``awe of:persoh,eMployed lay.the.Town of Southold Tittle or poshlon'o f tltat.persogl ilcscribe the relationship betvvee n yoursW(flie appl cantlagent/g.epresentatnire),and,the town officer or:empimy ee;Either check the appropiiate t%aae_4)tlirQesg :D3 aensllor slesi.rilsa k4be space provided. The.toacto :6r,or employ a or his or her spause,sibling;parent,or chlitl is(check-'all haat apply) ow4saer of reatet..t at:5,4 of iine;sltares g ,t'ne,eArpArafe stock of the applicant(When else applicant.is.a coraa�rm►ii00) _ .. . __ _ i3) tia�.legal or liotae tial o,:. er of any interest in'a non-corporate entity(whe'n.t€ae appiieant is-not a corisoratinn) Q—an offlcer,l.director,psrtnen,or employee of the applicant;or. 1)'tLe atctuol applicant.-, .. DEWRIP ION OF 113E A3. 1� SIIP satim teed-thins: 'c :da3t:of >:lm4i F p 2I i.. rc'Erk ?' '•,T�7Icixr,9 'I�t2 F P rlht Na ': agzng,,,7z>;�,en',• PEquot yd at.,• .LLQ :. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS DEC 1. All applicants for permits* including Town of Southold agen o - n ilefe tORCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion.Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action*will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 _ 005.00-02.00-010.012 The Application has been submitted to (check appropriate response): Town Board Planning Dept. 0 Building Dept. 0 Board of Trustees © Board of Appeals x 1. Category of Town of Southold agency action(check appropriate response): (a). Action undertaken directly by Town agency(e.g. capital Q 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: addition of steps to terrace at rear of single-family dwelling; _. ;construction of new detached garage Location of action: 2875 Castle Road, Fishers Island Site acreage: 3.99 acres Present land use: single-family residential DEC 15-Present zoning classification: R-120 _ _ _ __1(0[ 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: PEQUOT POINT, LLC (b) Mailing address: 246 Eden Road, Palm Beach, Florida 33480 (c) Telephone number: Area Code (63� 283-2400 (agent Stephen L. Ham, III) (d) Application number,if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No El If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. -,4 DYes .❑:No Ox Not Applicable _Except for making beneficial use of a c9_a_s_ta7_loEation to some extent. the —p —o designed to foster a patternoof development in the. Town of Southold tEJf enhances- community -character, preserve open space, make efficient use of infrastructure or minimize -" adverse effects of development but it will not have an adverse impact on any of those goals. 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 ❑x Not Applicable The project is not designed to nor will it have any impact on historical or archaeological resources of the Town of Southold. Attach additional sheets if necessary --� Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria © Yes © No ® Not Applicable The project is not designed to enhance visual quality or to protect scenic resources throughout the Town of Southold. d 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 ftges 8 through 16 for evaluation criteria El Yes © No © Not Applicable The project will not have an impact on protection of life from flooding or erosion$` 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 R No ®Not Applicable The project is not designed to nor will it have an impact on the protection or improvement of water quality and supply in the Town of Southold. 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. © Not Applicable Yes [] No© The project is not designed to protect or restore nor will it have an impact on the quality and function of the Town of Southold ecosystems including significant coastal fish and wildlife habitats and wetlands. 1 Attach additional sheets if necessary �- •a_;3g Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. DEG I 5' ?P 1 ❑ Yes []] No❑ Not Applicable The project is not designed to protect or improve, nor will it have an impact on, air quality in the Town of Southold. 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 The project is not designed to' minimize, nor will it have an impact on, environmental degradation in the Town of Southold from solid waste or hazardousssubstances and wastes. 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. ❑ YeE No❑ Not Applicable The project will be undertaken on a private residential property and will not provide public access to, or recreational use of, coastal waters, public lands or public resources of the Town of Southold. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No © Not Applicable . j The project is not designed to protect, nor will it have an impact on, Southold's water dependent uses nor will� it promote or have an impact on siting of new water-dependent uses in suitable locations. I Attach additional sheets if necessarily DEC 15 2021 " WAr Policy 11. Promote sustainable use of living marine resouud. aa, and the Peconic AU Estuary and Town waters. See LWRP Section III—Policies; Pages i i roug 2 �'or evaluation criteria. ❑ Yes ❑ No'R] Not Applicable The project is not designed to promote, nor will it have an impact on,sustaindble use of living marine resourceslin Long Island Sound, the Peconic Estuaty or Town waters. 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 The project is not designed to protect, nor will it have an impact on agricultural lands in the Town of Southold. 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 The project is not destgnddtto promote, nor will it have an impact on, the appropriate use and development of energy and mineral resources. c..14, 60 Created on 512510511:20 AM 2 ��r Z i Apz s40 r yvw. 9Ya w4 116 ai' yh i ^{ • a _� F! `t�'"v''1. -in� ����� ! �4 f �F����r= � air- �J �+J"•1� ;� �'W �- 77 � `"'"'",,a„• � . 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'" � 1 tC. >, yr �•,. \, t „ �;, �_� . _✓;, _ TOWN OF SOUTHOLD PROt 8 ORD CARD y OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N E ” ACR. ' Ic ,# i 4Ci Id�re 1 n Y �. N S , f W TYPE OF BUILDING e yS SEAS *„� `�. FARM COMM. CB. MISC. Mkt. Value LAND IMP. Q TOTAL DATE REMARKS ,-��0 O /fit JO 0 ,s ,..,, �Lf'.��,.�,tt r�°t.� I��•< ;�c ,✓r ,� � 1-43"r3 6 -- - 41,-, 3..i:4 r pf 1.540Y ICra 1 -1, 1 �' `5r' j r L- ' T l �: a D a2 S` v o d 3�O ,���3 i .L-4 T2 - F 1. ` acs - 4 7 a'''te��� Rll G COND NEW VE 7i �3 1o5-f s (�-� Y. 1�.� 1�u�� -94L�0(x:� ' 7 DD ? V�t�° 3� r v l 161419g- t31 ) - old I-oLC "S-414) _ a I i l 99 5f- :5p 64 -FY h/I e4� illable 2 15 P'#I ittabt . ... 25 .7-00 /-�V —L/!3 _ f- Unfj <'Ide4r I �`,� �n eeo oe L ✓ood�o c `��/ 3 i O 2 2 a / q y L /�7 I /T 7J�Q G `-rry!h SG) c(��7 wampland FRONTAGE ON WATER rushland FRONTAGE ON ROAD louse Piot 2-0&1-0 DEPTH 4 GO -- • �... 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(( 0a SL1 oeOj -3 / L s FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL Fuentes, Kim From: Bruce Kinlin <Bruce@kinlinrutherfurd.com> Sent: Thursday, September 8, 2022 6:52 PM To: Fuentes, Kim; Stephen Ham Cc: Sakarellos, Elizabeth Subject: RE:ZBA#7616 Pequot Point Attachments: 33809-06 - Proposed Site Plan from Variance .pdf; 33809-06 - Permit Application .pdf Kim, Thank you. I wanted to let you know we have sent you the original hard copy stamped drawings you requested and they will get to your office tomorrow. I have attached pdf copies of them here. You will receive: ? 2 stamped site plan drawings from the original application submitted to the Zoning Board. ? A stamped drawing set submitted to the building department.These drawings now match exactly,their content and are consistent with the Sheet Nos. indicated in the Zoning Board of Appeals decision. Thank you for your help with this. Best, Bruce Bruce D. Kinlin,AIA KinlinRutherfurd Architects, PLLC 59 East 54`h Street,Suite 92 New York, NY 10022 212 695 2988 www.kinlinrutherfurd.com From: Fuentes, Kim [ma iIto:kim.fuentes@town.southold.ny.us] Sent:Wednesday,August 31, 2022 11:18 AM To:Stephen Ham <steveham190@gmail.com>; Bruce Kinlin <Bruce@kin lin rutherfurd.com> Cc:Sakarellos, Elizabeth <elizabeth.sakarellos@town.southold.ny.us> Subject:ZBA#7616 Pequot Point Hi, Please see attached decision. Along with sending us original plans consistent with the Sheet Nos. indicated in the decision attached, please send us two original proposed site plan sheet #A-021 which depicts the proposed garage. All signed and sealed. Thank you. Kim E. Fuentes Board Assistant Zoning Board of Appeals Coordinator, Historic Preservation Commission 631-765-1809 kimf(rc southoldtownny.gov Location: 54375 Main Road Mail:P.O. Box 1179 Southold, IVY 11971 fi ..2 fl n Ii n uz, .Uh e l''J ' ' IWO Dear Kim Fuentes, Find inside per your request, (2) copies of full scale signed and sealed Site Plans (A.021) for the Waldin Residence; as well as the Permit Application Set for the Terrace work. Please contact us should you need anything else and enjoy the rest of your day. Best, Kyle McMindes E:kyle @kinlinrutherfurd.com T:212.695.2988 JFK ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: December 20, 2021 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP 7616 Pequot Point LLC 4923 $1000.00 RECEIVED DEC 2 1 2021 Southold Town Clerk TOTAL $ 000.00. Sent via Inter-Office to Town Clerk by;. DW Thank yo_u. �x. -•.>- .,>.-nom_' _.� �-�,_ - �--�_="- - - - '`= z.._,s'vx� u;�-�z - .��':: K;�.,--- ��==:' ---. ,�_ ,:_�.'.:.--s�:� :.•,tom'` �. 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Building Dept. forms (Certificate of Compliance, Housing Code Inspection, etc.) Misc. Paperwork- Copy of Deed(s) Findings, Deliberations and Determination Meeting(s) ,/Agricultural Data Statement Short Environmental Assessment Form Board of Zoning Appeals Application Authorization Action of the Board of Appeals Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) WRP Consistency Assessment Form Photos Property Record Card(s) ___Yaps- - aps- ./ Survey/Site Plan Drawings .)wn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/21/21 Receipt#: 289157 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7616 $1,000.00 Total Paid: $1,000.00 Notes: Payment Type Amount Paid By CK#4923 $1,000.00 Matthews & Ham Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Pequot Point, LLC 264 Eden Rd Palm Beach, FL 33480 Clerk ID: JENNIFER internal ID:7616 521d586-8d5a-4d22-bd24-a06e221406d8 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS j THURSDAY, MAY 5, 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 j 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, MAY 5, 2022: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is. happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter, Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx, 10:00 A. M. -PEQUOT POINT;LLC equest for Variances from Article III,Section 280-15;Article XXII,Section 280-116A(1); and Building Inspector's October 15, 2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and to construct a new accessory garage, at; 1)dwelling is located less than the code required 100 feet from the top of the bluff; 2)garage is located in other than the code permitted rear yard; located at East End Road/2875 Castle Road,(Adj.to Block Island Sound) Fishers Island, NY. SCTM No. 1000-5-2-10.12. 10:10 A.M.-GLEN J. NORTON#7624- Request for Variances from Article XXIII,Section 280-124; and Building Inspector's December 27,2021 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 rear yard setback of 60 feet; 2) located less than the code required minimum side yard setback of 20 feet; located at 396 Alpine Avenue,#356, Fishers Island, NY. SCTM No. 1000-9-5-17. 10:20 A.M. -PAUL LEVI AND RAFFAELLA CERIELLO#7617—Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's November 12, 2021 Notice of Disapproval based on an application for a permit to legalize an existing wood deck with roof covering attached to a single family dwelling, at; 1) located less than the code required minimum side yard setback of 15 feet; located at 405 Arshamomaque Avenue,Southold, NY. SCTM No. 1000-56-2-16. 10:30 A.M.—CHRISTOS VERVENIOTIS#7640-Request for a Variance from Article XXII,Section 280- 1051)(4);and Building Inspector's January 10, 2022 Notice of Disapproval based on an application for a permit to legalize an "as built" deer fence at; 1) deer fencing is prohibited in or along the front yard or primary front yard of any property;4960 Horton Lane,Southold, NY. SCTM No. 1000-54-3- 21.4. t ! I SOUTHOLD TOWN BD OF APPLS 2 i I 521d58c5-8d5a-4d22-bd24-a06e221406d8 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 10:40 A.M.-KIM W.TETRAULT AND KIM M. RANDALL#7625—Request for a Variance from Article XXI1,��1� Section 280-1051)(4); and Building Inspector's January 10, 2022 Notice of Disapproval based on an application for a permit to legalize an "as-built"deer fence at; 1) deer fencing is prohibited in or along the front yard or primary front yard of any property; located at 4650 Horton Lane, Southold, NY, SCTM No. 1000-54-3-21.2. 10:50 A.M.- MARK RIESENFELD#7620- Request for a Variance from Article X,Section 280-45C and Building Inspector's December 8,2021 I Notice of Disapproval based on an application for a permit to convert an existing accessory barn to an accessory artist studio/workshop at; 1) the proposed use in the accessory building is not a permitted accessory use; located at 800 Village Lane, Orient, NY, SCTM No. 1000-25-1-15, 11:00 A.M. -JOY T.SIEGER AND TIMOTHY R.SIEGER#7622—Request for a Variance from Article III, Section 280-15; and Building Inspector's December 3,2021 Notice of Disapproval based on an application for a permit to legalize an as-built accessory wood trellis at; 1) located less than the code required minimum side yard setback of 10 feet; located at 41780 NYS Route 25, Peconic, NY. SCTM No. 1000-86-1-7. 11:10 A.M.-SAND LENNOX, LLC#7619-Request for Variances from Article XXII,Section 280-116A(1) and Building Inspector's November 19, 2021 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and to construct a new single family dwelling at; 1) located less than the code required 100 feet from the top of the bluff, 2) located less than the code req/uired minimum front yard setback of 40 feet; located at 1450 Salt Marsh Lane, (Adj.to Long Island Sound) Peconic, NY. SCTM No. 1000-68-3-1. 1:00 P.M.-SV GREENPORT LLC, DBA SOUND VIEW GREENPORT#7630—Request for a Variance from Article XIX,Section 280-86A(4);and Building Inspector's January 4,2022 Notice of Disapproval based on an application for a permit to install a new 28 sq.ft.freestanding sign identifying Parking Area at; 1) as may be authorized as a variance by the Zoning Board of Appeal; located at 59670 County Road 48,Greenport, NY.SCTM No. 1000-44-4-5.1. 1:05 P.M.-SV GREENPORT LLC, DBA SOUND VIEW GREENPORT#7631—Request for Variances from Article XIX,Section 280-851)(5)and Section 280-851)(7); and Building Inspector's October 20,2021,Amended December 2,2021 Notice of Disapproval based on an application for a permit to remove an existing freestanding sign and install a new 72 sq.ft.freestanding sign identifying Business Name at; 1) sign shall not be more than 24 sq.ft. in size; 2) sign shall not be located less than 15 feet from the pavement or five feet from the sidewalk and shall not be placed in the Public Right of Way; located at 58855 County Road 48, (Adj.to Long Island Sound)Greenport, NY. SCTM No. 1000-44-2-22. 1:10 P.M.-SV GREENPORT LLC, DBA SOUND VIEW GREENPORT#7632—Request for a Variance from Article XIX,Section 280-851)(7); and Building Inspector's January 4, 2022 Notice of Disapproval based on an application for a permit to install a new 54 sq.ft.freestanding sign i SOUTHOLD TOWN BD OF APPLS 3 I i z-S 1-6 3-S z-4 lot 3-3 al 1-6 , ■ n Uww`` � CTO 2 Cfl- UO U Z-3 *no CD 1-' H U c m o c 2-2 .SAN � :z: W 3:., � f z-t � CIO a� rn 4• NH ca U oN 324 . ° E 1157.47 -12 Q � R > 4J 2 coo :n / MERESTONE �S o N O 1 1-10 O .� U > ccm ad U)} / (FOUND) s N F SITE (n o cz N EDWARD & LESLIE 711 Q cb Q � w Z � // �`. s �� W � I 19 / 7V `\\ STONE WALL �?\ McELWEATH 0 � MERE STONE cc (FOUND) FENCE ALONG p \ BOUNDARY LINE I 6 ` �� 40.4' G,V I 103 291;80' S 82. 1 OG 1 2,730'± TO �' y 1 v I 1 ti \\\`\ ��L\\`\\ BURIED47'40" E I EAST MAIN ROAD `\ F PROPANE I TANK MERESTONE \ `\\ --��_ \\ \`\\ \�� FENCE N 25'04'00" W\`\ \`\, `, FENCE / 3 LOCATION MAP SCALE 1 "=400' N 229.90 5.83' E STONE WALL 9 75.69 N 25'04'00" W ` `\\ �. i ti 56.77 \ S�0 / / 0 N 05!32'42" W \� 'Q/�`\ �' POOL EQUIPMENT / E,OTES e a 52.86' O \ \ i n \ . O / 1. THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE f EXISTING O k I, / �' i V INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE . WELL , \ i POOL O 8 PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR HOUSE l I I EXCEEDS THE SCOPE OF THE ENGAGEMENT. �, \ \ / 2. IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY = OF PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO ALTER AN ITEM IN ANY WAY. 37.4812 W . ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL �C3O I ARE THE PRODUCT OF THE LAND SURVEYOR. 4. COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND d', QP / GEODETIC SURVEY TRIANGULATION STATION "EAST END 2" 3 5. SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX FENCE ' o MAP 1000, SECTION 005, BLOCK 2, LOT 10.12. 6. TOTAL AREA = 4.00± ACRES. U 7. SITE IS LOCATED IN ZONING DISTRICT R-120. F- _ Y NIF ILL] O HILLARY SCHAFER �O� / CERTIFIED TO: Z h-- o FENCE �� / Q O Z Z `a/ / N ERIK WALDIN U -w.1 is PEQUOT PO NCASEYI T, LLC >>`I m 0-- I.- z °o. N 42'23'10" W Q / / FIDELITY NATIONAL TITLE INSURANCE COMPANY O U V) ,`O/ / 114 ACCORDANCE WITH THE MINIMUM STANDARDS FOR N — 473.59' TITLE SURVEYS OF THE NEW YORK STATE LAND O L TITLE ASSOCIATION w :D cV = TITLE NO. F18-7404-106261-SUFF 0- U) RESTRICTIONS ON THIS PARCEL- ELIBER 11714 PAGES 865 & 866 O ,h0 N 60'07'32" E 35.00' APPROXIMATE WATER y S 60'07'32" W %p / ^� 55.00' V'�p / W s�� Q / �/ �dl. Q / LEGEND cn o 53.45 F \ / �� v PROPERTY LINE —— Z RESTRICTED v ABUTTERS LINE O v E 1112.77 AREA (SEE LINE / EDGE OF PAVEMENT _ N W ------------------- CHANGE MAP) V EDGE OF STONE IRON PIN / \ � � O� / STONE WALL � � (FOUND) to i9s cS�, / FENCE " > 4 Op, 'sem, / 00� BOUNDARY POINT O w MERESTONE ® UJ WELL ® o ' 9" s 60.07'32" W / o so'0 N 72 E 88.01' 35.00' Z RESTRICTED AREA (SEE LINE / IRON PIN CHANGE MAP) o / (FOUND) / Q / S 45'37'45" W / m 29.62' 00 00 � 0 0 m 00 m oo E 1 U O: I N N 0 Li Z w 0 o Lf) a = o Ld / S O_ m 0 LO U U LL- DATE: 01/29/2018 SCALE: 1 " = 30' QUALITY CONTROL CERTIFICATION GROUP REVIEWED DATE PROJECT: #2018801 PROJECT MANAGER SURVEY ENVIRONMENTAL CIVIL SHEET / STRUCTURAL ARCHITECTURAL 30 15 0 30 1 OF 1 GRAPHIC SCALE IN FEET i 521d58c5-8d5a-4d22-bd24-a06,e221406d8 I<imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times identifying Business Logo; 1)sign shall not be more than 24 sq,ft.; located at 59725 County Road 48, (Adj.to Long Island Sound)Greenport, NY. SCTM No. 1000-44-2-23. 1:20 P.M.-RICHARD AND SUZANNE ROTHWELL#7623—Request for Variances from Article III,Section 280-15; Article XXIII,Section 280-124; ± and Building Inspector's December 5,2021,Amended December 29,2021 Notice of Disapproval based on an application for a permit to demolish and construct an accessory garage and construct an accessory in-ground swimming pool at; 1)garage located less than the code required minimum side yard setback of 5 feet;2)garage located less than the code required minimum rear yard setback of 5 feet; 3) more than the code permitted maximum lot coverage of 20%; located at 1255 Hobart Road,Southold, NY. SCTM No. 1000- 64-2-9. 1:30 P.M.- ESTATE OF CHARLOTTE PENZA#7618-Request for a Waiver of Merger petition under Article II,Section 280-10A,to unmerge land identified as SCTM No. 1000-78-3-56 which has merged with SCTM No. 1000-78-3-57, based on the Building Inspector's November 9,2021 Notice of Disapproval,which states that a non-conforming lot shall merge with an adjacent conforming or non- conforming lot held in common ownership with the first lot at anytime after July 1, 1983 and that non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements(minimum 40,000 sq.ft. in the R-40 Residential Zoning District); located, at 1395 Hiawatha's Path,Southold, NY. SCTM Nos.1000-78-3-56 and 1000-78-3-57. 1:40 P.M.—MODERN AGE HOME BUILDERS#7662—Request for a Variance from Article XXII,Section 280-105C; and Building Inspector's March 3,2022 Notice of Disapproval based on an application for a permit to legalize an "as-built"six(6)foot metal fence, at; 1)six(6)foot high fencing is set back less than the permitted minimum 10 feet from the secondary front yard property line, located at 2135 Willow Drive, East Marion,SCTM No. 1000-22-5-1. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28,228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email: kimf@southoldtownny.gov. Dated: April 21, 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 i i SOUTHOLD TOWN BD OF APPLS 4 1 � r 521d58c5-8d5a-4d22-bd24-a06e221406d8 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, �I County of,Suffolk, i 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: April 28,2022 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,and as such, is eligible to publish such notices. Signature Eliot T. Putnam Printed Name Subscribed and sworn to before me, This 28 day of April 2022 Ze Notary Signa t re OF NEW PORK '. NOTARY PUBLIC: M Notary Public Stamp '• ALBANY o (1 '. OIRE6398443 p SOUTHOLD TOWN 1313 OF APPLS 1 I r BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ���F S�UjyO 53095 Main Road•P.O. Box 1179 Dantes !O Southold,NY 11971-0959 Patricia ra Office Location: Eric antes CA Alw Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento l,,iSouthold,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, MAY 5, 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, MAY 5, 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.qov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownnv.qov/calendar.aspx. 10:00 A.M. - PEQUOT POINT, LLC #7616— Request for Variances from Article III, Section 280- 15; Article XXII, Section 280-116A(1); and Building Inspector's October 15, 2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and to construct a new accessory garage, at; 1) dwelling is located less than the code required 100 feet from the top of the bluff; 2) garage is located in other than the code permitted rear yard; located at East End Road/2875 Castle Road,(Adj. to Block Island Sound) Fishers Island, NY. SCTM No. 1000-5-2-10.12. 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: April 21, 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 'e', Town Hall Annex, 54375 NYS Route 25 {1 J, t � P.O. Box 1179 Southold, New York 11971-0959 Fax(631) 765-9064 f Asx ZONING ROAR® OF APPEALS 16's DATE: April 4, 2022 RE: INSTRUCTIONS FOR PUBLIC HEARING Dear Applicant; Pursuant to the New York State Governor's announcement lifting many COVID-19 restrictions, the Town will now resume IN-PERSON meetings that are open to the public. For those who wish to attend the meeting virtually, for health and safety reasons, we will continue via Zoom Webinar, as well. Therefore, the May 5, 2022 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. Below, please see instructions required to prepare for the ZBA public hearing which includes: PLEASE READ CAREFULLY. 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 April 27,2022.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) I 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 April 27,2022, 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 USPS Certified Mail, Return Receipt the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by April 1 18, 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@southoldtownny.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/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting "as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also, the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold> Assessors > Assessment Books/Tax Rolls > 2010-2021 > 2021 http://southoIdtownny.,aov/DocumentCenter/View/8779/FinalRol12021-Amended IMPORTANT INSTRUCTIONS: Scan and email the USPS mailing receipts, green signature cards and affidavits to kimf i,southoldtownny.gov, and ** PROMPTLY USPS MAIL** the.ORIGINALS to the Town of Southold, ZBA, P.O. Box 1179, Southold, NY 11971. Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter SS of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes Board Assistant y �3+' tr h,F 1-. i y.''4.' r+� xx;.x i- its ■p/�.■Q @p' � n . Fyk.-r y- � wl'R.L� �. d'y .r r y3 Y ri tt k , i 7> • R. -t—Ma B•x�7i. f k 4d�` -^`4.-�.Y-i,,L{:{" Y• y Y lir . 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ZBA Office telephone (631 ) 765-1809 r-, ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK ------------------------------------------------------------------------------x In the Matter of the Application of .100 PEQUOT POINT, LLC AFFIDAVIT OF MAILING S.C.T.M. No. 1000-005.00-02.00-010.012 -------------------------------------------------------------------------------x COUNTY OF SUFFOLK ) ss.: STATE OF NEW YORK ) I, STEPHEN L. HAM, III, having an office at 38 Nugent Street, Southampton, New York, being duly sworn, depose and say that: On the 4th day of April, 2022,I personally mailed at the United States Post Office in Southampton, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED , a true copy of the attached Legal Notice in prepaid envelopes addressed to the current owners shown on the current assessment roll verified from the official records on file with the Assessors Office of the Town of Southold, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicants' property. Stephen L. Ham, III Sworn to before me this 19th day of April, 2022 Notary Public, Stat of New York KEVIN RODRIGUEZ OSOR[O NOTARY PUBLIC,STATE OF NEW YORK NO.01RO64U209 QUALIFIED IN SUFFOLK COUNTY TERM EXPIRES APRIL 12,1025 U.S. PostalService" U.S. Postal CERTIFIED oCERTIFIED MAILP RECEIPT M Domestic Mail Only Domestic r9 Da.11 r ,� 1 �. Lit L U 8 6rer�i tc�r CNa� �?1 11� A L U a f.�- 0 o E7" l£7 !7 0 P st G� $ .c 09[.8 co Poslaga $ c 0968 Certified Fee $i_I,{11 I, / M Certified Fee $0.1 II i s o U �'� � r r►1 Return Receipt Fee °_ �� Postm .�rtl', O Return Receipt Fee r °3FPostm -y � (Endorsement Required) is I°1 li I .s Here 'd,, (Endorsement Required) $I_I°I Ii I Here O °__ JT Restricted Delive °'' ' \ Restricted Delive Fee a C ry Fee ry Endorsement Re wiredi X,- E3 f (Endorsement Required) 6� � � � ( � �„, c flI ru �� ° p P� 0� ru total Postage&Fees " ��$ � 1-1yry Total Postage&Feesnj Sent To 1)r> Sent To Edward McElwreath/Leslie MCElwreatJJJh... Glenn Solomon/Margaret Flanagan ra E3 Street&Apt.No O Streeef&Apt.No., ----------------------------------- - N or Po Box No. 3630 Overlook Drive r- or PO Box No. One Mountain Wood Drive ------------------- - --- State,ZIP+ - - - City State.ZIP+4 4Da1las, TX 75205 Greenwich, CT 06830 PostalPS Form 3800,July 2014 See Reverse for Instruc6ons CERTIFIED aRECEIPT rr CERTIFIED MAIL@ RECEIPT ru .. only C3 Domestic MaY Only F i s s . sly s b iJ a ° i s - st €rs�n , I �i E / ,[ �°r C3 Pos)a'e c ' '7 Postage _c f� 96 F� Cp g 9 � {1. co - Certified Fee 's m Certified Fee 1,01-1 aTlht' �starkk ) Return Receipt Fee5ed Return Receipt Fee r+ blaze O (Endorsement 0" O (Endorsement Required) C? O s p Restricted Delivery Fee Restricted Delivery Fee 3� 4_.� Q (Endorsement Required) C:3 (Endorsement Required) ^ r fu $1 °` ru •T1° �}=�� ru Total Postage&Fees alyjClc/21712. r� Total Postage&Fees Zl$ 04/0 �i i� ftf a° ru m°1 $ 1LI Sent To Sent To Henry . Fer uson Museum Fishers Island Development Corporation y - e g--------- - -------------- Street a Streat8AM.No. o,POBoxNo. l61 Oriental Ave. Bob 604 17- orPOBoxNo. Attn: Pierce Rafferty,Dir,-POB 554 rt __i ___a _ ------------------ E------------------- -- City,State,ZIP ClryState,ziP+ ishers Island, NY 06390 Fishers Ilsand, NY 06390 PS Form :,, July 2014 PS Form :,, July 2014 r COMPLETESENDE •N 6OMPLETE tHIS SECTIONON•ELIVERY R. ■ Complete items 1,2,and 3. ikrlSignat. ■ Print your name and address on the reverse X �[� I k9dressee ent so that we can return the card to you. 1�— ■ Attach this card to the back of the mailpiece, B. R eived by(Printed Name) C. Date f Del'•ery or on the front if space permits. ��' 1. Article Addressed to: D. is delivery address different from item 1 Ye Edward McElwreath If YES,enter delivery address below: p No Leslie McElwreath One Mountain Wood Drive Greenwich, CT 06830 Hill Ilflll IF III I I 1111111111111111 II I I'll lI I III 3. Service Type ❑Priority Mail Express ❑Adult Signature ❑Registered Mal" ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted' 9580 8403 0348 5163 8503 97 IK Certified Mail® Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery. Merchandise 2. Article Numn ?r(transfer from SeNice label) ❑.Collect on Delivery Restricted Delivery ❑Signature ConflrmationTM !i t '— •r`ed Mail :{ P;Si nature Confirmation t:.- 9 7 01:4`,.i 1,2 0 ' O O O 3� '8'0 21••714 7 fired Mail Restricted Delivery Restricted Delivery 1$500) Ps Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt ATTACHMENT TO AFFIDAVIT OF MAILING I SCTM No. 1000 Owner and Address i 1-1-9 Private Road not on Assessment Roll but believed to be owned by: Fishers Island Development Corporation 161 Oriental Avenue P. O. Box 604 Fishers Island, NY 06390 c� 1-1-10 Henry L. Ferguson Museum Attn: Pierce Rafferty, Director P. O. Box 554 Fishers Island, NY 06390 5-2-10.4 Edward McElwreath Leslie McElwreath One Mountain Wood Drive Greenwich, CT 06830 5-2-10.10 Glenn Solomon Margaret Flanagan 3630 Overlook Drive Dallas, TX 75205 e COMPLETE • • • • • ■ Complete items 1,2,and 3. A i a ure ■ Print your name and address on the reverse X CE3 Agent so that we can return the card to you. 7 Addressee + M Attach this card to the back of the mailpiece, B• ,Aved by(PrintedC.Date fDelivery i a ; or on the front if space permits. / I y 9�- 1. Article Addressed to: D. Is delivery address diffe t from item 11 ❑Yes ? Glenn Solomon If YES,enter delivery address below: ❑No r Margaret Flanagan 3630 Overlook Drive Dallas, TX 75205 3.Il I Illl�l I'll III I ll III III l IIIIIII II III I I I II III ❑dweltSignature ice eRestricted Delivery ❑Reglste ed Mail RestrictedMail 9590 j 9590 9402 4456 8248 9598 15 X Certified Mail@ Delivery ❑Certified Mall Restricted Delivery ❑Return Recelptfor ❑Collect on Delivery Merchandise 2. Article Number(transfer from servlce label) ❑Collect on Delivery Restricted Delivery 13 Signature ConfirmationTm _ ` sued Mail US ignature Confirmation --.711114121216 n b a� 8 0'd 1 ay 3 a I I Oe'r$500)' Restr&cted DelivI . I 1 I Restricted Delivery lle'r$500) Ps Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt SECTION • • • DELIVERY "* rA: Sig ure ■ Complete items 1,2,and 3. 1 Agent ■ Print your name and address on the reverse f ,` c. so that we can return the card to you. 1C ddressee ■ Attach this card to the back of the mailpiece, __R by(Printed N 'C. D Delivery 'I or on the front if space permits. -� ! 1. Article Addressed to: D. Is delivery add d• rent ite r FISHERS ISLAND DEVELOPMENT If YES,enter delivery ddress below: COkPORATION I 161 ORIENTAL AVE. PO BOX 604 06390 US45 k I _ , FISHERS ISLAND, NY 06390 1 i I IIIIII I'll IIIIII III II II I I III II II II I III I I III 3. Service Type ❑Priority Mail Express II ❑Adult Signature ❑Registered Ma'tIT" ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted s im Certified Mall® Delivery 9590 9402 4728 8344 8798 82 ❑Certified Mail Restricted Delivery ❑Return e Receipt for ❑Collect on Delivery 2. Article Number(Transfer from service label ❑Collect on Delivery Restricted Delivery 11 Signature Confirmation*" 0-1n uredail ,r r ❑Signature Confirmation i M f ! I Restricted Delivery 7 C1 14° 2 X12 [��'0 F 710 q 1T 1 or$500)I�Restrigted Delve f !f l PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt SECTIONSENDER: COMPLETE THIS COMPLETE THIS SECTIONON DELIVERY Y ; ■ Complete items 1,2,and 3. A. Sig alture �---�Agent ■ Print your name and address on the reverse X ! / p Addressee so that we can return the card to you. / , "S i p B. eived by(Print "eT 'DSI Delivery ■ Attach this card to the back of the mail iece, or on the front if space permits. 1. Article Addressed to: D. Is delivery add d' rent m6te C es j HENRY L. FERGUSON MUSEUM If YES,enter deliv ry ddress bel ��( o ; f Attn: Pierce Rafferty, Director e A P. 0. BOX 554 0390 USPS Fishers Island, NY 06390 r 3. Service TypeII LlPriority Mail Expresso I IIIIII IIII 111 I II III II II I I III II I II IIIIII I Ill ❑Adult Signature El Registered Mail � ❑Adult Signature Restricted Delivery 1:1R Registered Mail Restricted ®CertifiedMail® Delivery 9590 9402 4728 8344 8740 23 ❑Certified Mall Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise Ep Cpllect:on;Delivery Restricted Dellvery.❑Signature Confirmation'm 2. Article Number.(Transfer:ftpm service'(atip!) _�� _ MSI.. , : ;:• • 3❑Signature Confirmation ! —— ;r.—= 7 14 212 0` f7 3l 8 fl 1 712'3' '1red`Ma)I Restricted Delivery Restricted Delivery I Ir$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt s I �r ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK �Q -----------------_______ in the Matter of the Application of Pequot Point, LLC AFFIDAVIT Regarding Posting of a Sign upon OF SIGN Applicant's Land Identified as _ POSTING S.C.T.M. No. 1000-5-2-10.12 _--------------------------------------------------------------------x COUNTY OF NEW YORK ) ss.. STATE OF NEW YORK ) I, Bruce Kinlin, having an office address of 59 East 541'Street-Suite 92, New York, New York 10022, being duly sworn, depose and say that: 1 am the agent for the owner of the subject property. On the I Uday of April, 2022, 1 personally placed the Town's Official Poster, with the date of hearing and nature of the application of Pequot Point, LLC noted thereon, securely upon the property of Pequot Point, LLC, located at East End Road/2875 Castle Road, Fishers Island, New York, said Poster being placed ten (10)feet or closer from the street,or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance (near the entrance or driveway entrance of the property, as the area most visible to passersby); and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be May 5, 2022. Bruce Kinlin Sworn to before me this YA MING ZHAO NOTARY PUBLIC-STATE OF NEW YORK 2 'd^day of April, 2022 No.01 ZH6343420 Qualified In New York County My Commission Expires 06-13-2024 ( ry Public) 5/410:1 AM IMG 5529.JPG r NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will ALSO be available VIA ZOOM WEBINAR-Follow link-http:llsoutholdtownny.gov/calendar px NAME : PEQUOT POINT, LLC 7616 SCTM # : 11000-5-Z-10.12 rjQUOT POINT VARIANCE- BLUFF SETBACK FOR ADD O LOCATION OF GARAGE REQUEST: ADDITIONS & ALTERATIONS TO DWELLING & CONSTRUCT NEW ACCESSORY GARAGE DATE THURSDAY, MAY 5, 2022 10:00 AM i You may review the file(s)on the town's website under Town Records/weblink: I ZBAI Board Actions/Pending. ZBA Office telephone(631)765-1845 r i g.. https://mail.google.com/mail/u/0/#search/brute%40kinlinrutherfurd.com?projector=l 1/1 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson *zF_SO!/T53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento OI�COO Southold,NY 11971 http://southoldtownny.go.v ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax (631)765-9064 (1 MEMORANDUM E CM V E DEC 213 2021 To: . Mike Verity, Chief Building.ins pebtor. BUILDING DEPT TOWN OF SOUTHOLD atom: Leslie Weisman,,Chairperson Dater :December.2.0. 2.021 RE:. . Peguot Point LLC:.(ZBA File#.76161 East.End Road,:Fishers Island; SCTM No. 1000-5,-271.0.12 Please see;attached application requesting to:construct additions and alterations to an,existing single family dwelling;and to_construct'a new accessory garage,Aot:property.located,on Fishers , Island. The public.hearing is scheduled fot.May 5., 2022. We ask that the Building Department conduct an' inspection of the site during a visit to the Island. If-you are able to take photographs,of the site, it would be.most helpful: Thank you for your assistance and please let us know if you need any further information. BOARD MEMBERS —' Southold Town Hall Leslie Kanes Weisman,.Chairperson �rAf S0!/j53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �pQ 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoOI,f•CouSouthold,NY 11971 http://southoldtownny.gov rREC.ElVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ! DEC '0 2021 Tel.(631)765-1809•Fax(631)765-9064 S UNo�Town Planning Board December 20, 2021 Mark Terry, Assistant Town Planning.Director: LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 119.71 Re: ZBA File'Ref.No. #7616.. " P.equot Point LLC _ Dear.Wrk: We have received an-'application to. construct additions. and alterations.to.an existing: single family dwelling and to construct a.new accessory. garage. A:copy.of the.Building. Inspector's Notice of Disapproval under Chapter 280. (Zoning Code), and survey map, . project description form; are attached..for your reference. Your written evaluation with.recommendations for this proposal,.as required.under the Code.procedures of LWRP Section 268-5D is requested within 3.b days of receipt'of.this letter: Thank you.. Very truly yours, Leslie K.Weisman Chairperson. By- Encl. y Encl. Survey/Site plan: Kinlin Rutherfurd Architects, PLLC, dated December 13, 2021 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson SOF S�Ujy 53095 Main Road•P.O. Box 1179 0l0 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento lf•C�� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD December 20, 2021 Tel.(631)765-1809 •Fax (631)765-9064 � I Ms. Sarah Lansdale, Director Suffolk County Department of Planning t Z�zb�zt 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 #: 7616 Owner/Applicant: Pequot Point LLC Action Requested: construct additions and alterations to an existing single family dwelling; and construct a new accessory garage 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: owmwk—, —�--- Encls. Site Plan/Survey: Kinlin Rutherfurd Architects, PLLC, dated December 13, 2021 BOARD MEMBERS ®E SO�� Southold Town Hall Leslie Kanes Weisman,Chairperson �� �® 53095 Main Road• P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �® ® y® 54375 Main Road(at Youngs Avenue) Nicholas Planamento C®USouthold,NY 11971 5 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD May 24, 2022 Tel.(631) 765-1809 •Fax (631)765-9064 Stephen L. Ham, III, Esq. 38 Nugent Street Southampton,NY 11968 RE: Appeal No. 7616 2875 Castle Road, Fishers Island SCTM No. 1000-5-2-10.12 Dear Mr. Ham; Transmitted for your records is a copy of the Board's May 19, 2022 Findings, Deliberations and Detennination, the original of which was filed with the Town Clerk regarding the above variance application. Please provide our office with REVISED Signed and Sealed Architectural Plans showing the removal of the proposed exercise room and conditions of approval prior to the issuance of a building pen-nit. Before commencing any construction activities, a building pen-nit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN.Failure to comply 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. If you have any questions, please don't hesitate to contact our office. Sincerely, Kim E. Fuentes Board Assistant Encl. cc: Building Dept. 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