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7683
43 '766-3 r'le-W, dwelti cons ZZ 4 0�- I A-Plov-, uji 2,0 2 Owner: Diviney, Daniel File #: 7683 Address: 400 Bay Rd clo ') Code: 17PA Agent Info Rob Herrmann En Consultants 1319 North Sea Rd Southampton, NY 11968 Phone: 631-283-6360 Fax: Email: rherrmann@enconsultants.com J A-or BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��®� SO Southold 53095 Main Road• P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �+ ® a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��C®UNTi, Southold,NY 11971 RECEIVED http://southoldtownny.gov ;C ZONING BOARD OF APPEALS 0 C 2 4 2022 TOWN OF SOUTHOLD Tel.(631) 765-1809 Southold Town Clerk. FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 20,2022 ZBA FILE: #7683 NAME OF APPLICANT: Daniel and Suzanne Diviney PROPERTY LOCATION: 400 Bay Road, (Adj. to Gull Pond Inlet), Greenport, SCTM#1000-43-5-8 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 thru A 14-25, and the Suffolk County Department of Planning issued its reply dated June 14, 2022 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 (LW ) Policy RP Standards.The LWRP Coordinator issued a recommendation dated September 15,2022.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 EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: The subject property is a nonconforming 18,500 square foot parcel located in the Residential R-40 Zoning District. The northerly property line measures 125.00 feet and is adjacent to Bay Road. The easterly property line measures 162.00 feet, the southerly property line measures 128.10 feet and is adjacent and divided by Gull Pond with a wood catwalk connecting bridge to the tidal wetland property which is unbuildable. The westerly property line measures 134.00 feet. The parcel is improved with a one-story framed dwelling with attached two-car garage. There is a small shed located on the east rear yard and a wood deck attached to the rear of the dwelling as shown on the survey prepared by John T. Metzger, LS and last dated October 29, 2021. BASIS OF APPLICATION: Request for Variance from Article XXIII,Section 280-124 and the Building Inspector's May 9,2022,Notice of Disapproval based on an application for a permit to demolish existing dwelling and construct a new single-family dwelling: 1) located less than the code required minimum front yard setback of 35 feet; located at: 400 Bay Road, (Adj.to Gull Pond Inlet), Greenport,NY. SCTM#1000-43-5-8. RELIEF REQUESTED: The applicant requests a variance to demolish an existing dwelling and construct a new single-family dwelling. The proposed construction, on this nonconforming 18,500 square foot parcel in the Page 2, October 20,2022 #7683, Diviney SCTM No. 1000-43-5-8 Residential R-40 Zoning District, is not permitted pursuant to Article XXIII, Section 280-124 which states: lots measuring less than 20,000 square feet in total size require a minimum front yard setback of 35 feet. The Site Plan shows the new house with a front yard setback of 16.5 feet. ADDITIONAL INFORMATION: The existing dwelling was originally constructed prior to 1957, and the 16.5-foot front yard setback was established by a garage addition on the north side of the dwelling that was permitted by the Building Department in 1967 (Certificate of Occupancy No. Z-3029). Front yard setback relief was granted in 1999 for reconstruction of the dwelling located at 100 Bay Road south of the applicants (Case #4695). The Site Plan drawing submitted by Robert 1. Brown,Architect,P.C.and dated June 2,2022 shows the plans for the new residence. Two letters of support from neighbors were received by the Board. Although the Site Plan drawing shows what appears to be a third floor, the applicant's architect testified that the space is for attic storage only FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 6, 2022 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law✓Z267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Other nearby properties have lesser front yard setbacks than what the applicant is proposing at 16.5 feet and 13.2 feet respectively. Many of the older homes in this neighborhood have also been improved over the years to this flood-prone. The subject front yard setback that was established 54 years ago will remain the same relative to Bay Road and will avoid creating any undesirable change to the character of the surrounding neighborhood. Since the tidal wetlands and tidal waters of Gull Pond have begun to encroach farther to the west, closer to the road,the dwellings are situated increasingly closer to the road. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The lot has a shallow depth between the road and the tidal wetlands in the rear yard. Creating a more conforming front yard setback for a reasonably sized home comparable in size to others in the neighborhood would encroach further into the wetlands resulting in significant adverse environmental impacts. 3. Town Law $267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 52.86% relief from the code. However,the proposed new home is the same depth as the existing dwelling to be demolished, the existing non-conforming front yard setback will not be decreased, and the current wetlands setback will be increased by four feet. Additionally, other homes in the neighborhood have similar non-conforming front yard setbacks. 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 proposed new dwelling will be elevated to FEMA compliant standards and will be setback an additional four feet from the wetlands. Also proposed is the installation of a new Innovative Advanced (I/A OWTS) sanitary system, all of which are environmental improvements. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law $267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. Page 3, October 20,2022 #7683, Diviney SCTM No. 1000-43-5-8 6. Town Law X267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new and more energy efficient and FEMA compliant dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Acampora, seconded by Chairperson Weisman, and duly carried,to GRANT the variance as applied for, and shown on the Site Plan Drawings and Architectural Plans (Sheet A3-A9) prepared by Robert 1. Brown, Architect,P.C. and dated June 2,2022. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Installation of an Innovative Advanced sanitary system (I/A OWTS) approved by the Suffolk County Department of Health Services. 2. The Third Floor Attic shall be used for STORAGE only. 3. Southold Town Board of Trustees approval is required. 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 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 Page 4,October 20,2022 #7683,Diviney SCTM No. 1000-43-5-8 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 Acampora, Dantes, Lehnert, Planamento, Lehnert, Chairperson Weisman. This Resolution was duly adopted (5-0). C Leslie Kanes Weisman, Chairperson Approved for filing / /�� /2022 TEST HOLE DATA ISSUES/REVISIONS McDONALD GEOSCIENCE ' \l j 121412020 N , .Ro-S/- B Y MIXED SAND AND LOAMW M,O�,10 Z Lu *m H•w S RECENP O o O juU O ZQ22 3 GRAY ORGANIC CLAY OL I � O eats Zoning Board of App 4' BROWN CLAY CM 00 EL. 0.5' 5.8' WATER IN BROWN CLAY ►� G CII toN -0MAX N/0/F DANIEL AND SUZANNE DIVINEY 3 : :..;..... WATER IN PALE BROWN FINE SAND SP G""°E •_� Y r ,, . ,. �p O 01 TEST HOLE DATA 00 McDONALD GEOSCIENCE 1000-43-05-23 N 12/4/2020 a� 0 EL. G.3' 11 PERSPECTIVE VIEW 00 NOTE: WATER ENCOUNTERED MIXED SAND (n 1 3' 5.8' BELOW SURFACE AND LOAM 36" MINIMUM 2 x 2 3' FENCE POST ELEVATIONS AND CONTOUR LINES REFERENCED TO GRAY ORGANIC --- WOVEN WIRE FENCE .i N AV D 88 4' CLAY OL (6x6- 10110 WWF) z FILTER CLOTH 5 KEY EL. O.Vi 5•8 BROWN CL ATOP NI `0 0 = REBAR WATER IN Al-10—PE 9� G' BROWN CLAY EMBED FILTER CLOTH V ® WELL C/-I a- Z Q AL = STAKE MIN. 6" INTO GRFINAL f OUND _._._. z: �,/ �I _._. � 6 = = TEST HOLE BROWN EINE IREVIEVED BY ZBA WATER I N PALE NOTE: _ _ MAXIMUM DRAINAGE AREA o = PIPE@ -> 112 ACRE/100 LINEAR FEET `6` SAND SP SEE DECISION I— = MONUMENT SECTION DETAIL °OP U ::D C ' = WETLAND FLAG w 13' DATED,L_ c�J 4� r O p = UTILITY POLE p NOTE: WATER SILT FENCE DETAILS B Ms 7 Ofu� ENCOUNTERED 5.8' -— � C, 19 = _j z -J Q ZONED: R-4o BELOW SURFACE U m Z pp � U = Q AREA OF 1000-43-05-o8:18,500 SF (o.424AC) TO TIE LINES N ELEVATIONS AND CONTOUR LINES OU AREA OF 1000-43-05-o8: 14,483 SF(0.332 AC) TO TIDAL WETLANDS BOUNDARY REFERENCED TO NAVD 88 GUI L— F) CDNE m I N I ET N o� LL_ w W > (NYSDEC ADJACENT AREA/TOWN OF SOUTHOLD BUILDABLE LAND) Ld TIDAL WETLAND BOUNDARY,AS DELINEATED BY \ Q D' z � N/O/F DANIEL AND SUZANNE DIVINEY EY ON AUGUST 5,2021 J \ Q � O KEY Q z SOUTHOLD TOWN EXISTING LOT COVERAGE:SF 1000-43-05-23 1- QQ WELL 0 gZ` ROOF OF EXISTING HOUSE: 1354 r7 DECK: 180 ►000 ♦ = STAKE U SHED: 126 S = TEST HOLE PROPOSED 10'VIDE,1385 SF. .� M TOTAL: 1,660 SF • = PIPE VEGETATED BUFFER ADJACENT C> `'" Q ��0 g l g 166o/1 8 BUILDABLE n. TO WETLAND BOUNDARY O ° S 4,4 3( LAND -) - 5 ■ = MONUMENT J (INCLUDES EXISTING O J VEGETATION NOT TO BE SOUTHOLD TOWN PROPOSED LOT COVERAGE: o9 . LIJ DISTURBED). ' = UTILITY OLE z o PROPOSED HOUSE 1,516 SF �S Q N GARAGE: 341 THESE PLANS ARE AN INSTRUMENT OF Q SCREENED PORCH: 123 `'606 SERVICE AND ARE THE PROPERTY OF THE o ! ARCHITECT.INFRINGEMENTS WILL p FRONT ROOF OVERHANG: 92 0 Q 4 EAST DECK/BALCONY 410 F� BE PROSECUTED 4'WIDE CLEARED PATHI WEST 2ND FLOOR BALCONY: 112 C ?5Z 2022 ALL RIGHTS RESERVED TO BE MAINTAINED J / t TOTAL : 21594 SF ` 1O q 9ry 3<<s = U C 2,594/14,483 (BUILDABLE LAND)=17.9% O c w Z W PROJECT LIMITING \ TIDAL WETLAND BOUNDARY,A5 DELINEATED BY J Y PROPOSED 10'VIDE,1385 SF. EN-CONSULTANTS. ON AUGUST 5, 202 /' �/ �/EGETATED BUFFER ADJACENT Y L O O FENCE/LIMIT OF SITE \ TO WETLAND BOUNDARY J 0 z m Q DISTURBANCE NYSDEC EXISTING LOT COVERAGE: Rz� �Q Ch Y (INCLUDES EXISTING SOL U) Robert I Brown [� L.LJ z � , VEGETATION NOT TO BE EXISTING HOUSE: 1354 SF '�_ ti � Z Q U w J U O DISTURBED). Q W q • J J DECK AND STEPS: 209 rJ Z � `� w 'S m NOTE: \ �- SHED: 126 " Z M.01, _j w Architect) P.C. LL. U) = D THERE WILL BE NO D �,� DRIVEWAY AND PATIO: 0 3 N U GRADE CHANGES/ � Z) 20 BaX Ave. Greenport NY \ Z w o TOTAL 2,441 SF o O o NO IMPORTED FILL I, n 4' 2,441/14,483 (ADJACENT ARE =15.2% — Q w Z '- info@ribrownarchitect.com \ U q --I 6 1-477-9752 z ZONE 1 DRYWELLS Z W J U m Z m 3 477 975 (3)6'DIA x 3'6"D I ��yM o Q NYSDEC PROPOSED LOT COVERAGE: Z z o 0 0 0 EXISTING SHED TO BE z 3: PROPOSED HOUSE 1,516 SF V) W Z w REMOVED 1z3 S.F.S:REENED U GARAGE: 341 o �_ q Of za PORCH IND W J -D SCREENED PORCH AND STEPS: 14 O q Z IT IS A VIOLATION OF THE LAW FOR ANY PERSON, I Q, BALCON!ABOVE U L_,_J m Q Z % UNLESS ACTING UNDER THE DIRECTION OF A 112 SF.PAVERS a Z ?> FRONT ROOF OVERHANG: 92 = LICENSED ARCHITECT,TO ALTERANY ITEM ON IN SAND PATIO I I 4ioS.F.WOODMCK AB6 W W AND BALCONY ABOVRCl 17 SF.4'x 4'3" L� (� m EAST DECK/BALCONY AND STEPS: 2 " c~i, w(n _ 1z�1^ WOOD STEPS WEST 2ND FLOOR BALCONY/DECK: 4 Z w \� D TTiISDRAWINGiNANYWAY. ANYAUTHORLZED 17 SF.4'x 4'3" 374• _ L,J Q Yy Lm�I Z M ALTERATION MUST BE NOTED,SEALED,AND WOOD STEPS WEST STEPS BEYOND ROOF OVERHANG: m > 0 F W O Z W DESCRIBED IN ACCORDANCE WITH THE LAW. m 1211. _ �,... 5 Y H w 1s6 �' CONCRETE PADS(@ GARAGE&A/C UNITS): 4'7 Q v w 3 �- < PROPOSED(4'x 4') 13'1' q SHOWER ENCLOSURE PROPOSED 1,p6 S.F. 4 BEDROOM z STORY IOUSE __ PAVERS IN SAND: ll2 I_ W J o z I ;FUTURE �i .` 0 OVER GRAVEL BED PIPED F.F.EL.+9.0' , , L' = w m 1�bM J J RE A.'? w m �E Cyd Z 0 3 w 5 /T — L'/ I.A.CONTROL PNEL - OO '79 EXISTI G 4r o TO ZONE 1 DRYWELLS 00 �f ATTACHED I 1 - TOTAL: 2 2 SF \ r) � A F FUTURE O O O D O.. 3 AT(•B Z k/ < ONE STORY Z — -- Z �y ELECTRIC POWR LIN i 1 ;'7 2 2/1 8 AD ACENT AREA 1 % W / GARAGE i SF.ROOF m 1r3 `_/ .-\ i1 179 4,4 3 ( J ) = 9 3 TO BE EMovED AE6 e 00 u/ 341.1 SF 9 10'6" a �3'S• FUJIMAC BLO Z OVERHANG 6'1 1 00 Ltl W PROPOSED 4 BEDR U F.F.EL.+S.o' �_. Q - EANOUT, ON CONCRETE PA - V) 0 EXISTING GRAVEL 2 STORY HOUSE `K 39 S.F.CONC. "' 1 _ 1 27'2" 1 i '0 AIR LINE 1 EXISTING O/H ELECTRIC AND APRON ��,__ 4"DRAIN LINE 5� ALL LEACHING BEDS TO BE REMOVED CABLE LINES TO BE BURIED 1a's 6-8'dia. TA �^ EXISTING MASONRY � ,i ELEMENTS TO BE �'��z`'' � CESSPOOLS TO BF_ zn s' _ LEACHIN GS M w�" ABANDONED AND 4 �Q i EXISTINGU/G y�S � PRECAST CONCRETE L!7 �< EXISTING 3 BEDROOM W REMOVED (�� WATER SERVICE y s �_. �_\ PER SCDHS STANDARDS Z / i I MAIN s s 1 1 1 W 00 m 2 STORY HOUSE C� i Owns tc�� 1._: 1.—� L� (n Z U LSI OQ TO BE REMOVED EMOVEC C. c0 a i _ (n, PROPOSED I/A ' II 'PER OUSRIVEWAY'RA L WATER METER Z n- '_--' _ SANITARY SYSTEM F-�J IE LACE O — �' f `Z ELECTRIGOAND I / 39 125 AXI TING RV CLIENT/OWNER ZONE 2 DRYWflS GABLE LINES I i MAI TO ERVICE L ' N4°21 ' 0"W (2)6'DIAxT6"1 ( 125. 0 1 (TO BE RUN an 125 W I AIN z UTI L. P LE u 39�RGROUND H ; z 5 S.F.STEPS uzS.F.UNCO FRED DRAINAGE CALCULATIONS ���' I : d °� Wo DANIEL & SUZANNE U TI L. POLE EYOND ROOF SEC ND STORY64/ N 4 21'07 w� `P 125.0 OVERHANG DECK EDGE PVEMENT PROPOSEDI/A UIL. POLE DIVINEY SANITARY SYSTEMLO ZONE 1(GARAGE, FRONT COLONADE AND SOUTH MAIN ROOF):LO UTIL. POLE Lp L6 1249.9 SF x 0.17=212.5 CF EDGE PAVEMENT J J PROVIDE (3) G DIA x 3'6"D DRYWELLS (234.6 CF) (6 BAY ROAD LO W W � PUBLIC WATER IN STREET uj ZONE 2 (NORTH MAIN ROOF): Q W EXISTING STRUCTURE TO BE REMOVED W PROJECT TITLE BAY ROAD PRO VIDE (2SF x(20.)�=) 6' DIA A 3 CF x 3'6"D DRYWELLS (156PROPOSED NEW STRUCTURE .4 CF) a' NEW RESIDENCE PRO PUBLIC WATER IN STREET 2 C) 100' 75' 57 50' 400 BAY ROAD,GREENPORT,NY ' Q DWELLING ON DWELLING ON DWELLING ON DWELLING ON -7 -7 W PUBLIC WATER PUBLIC WATER PUBLIC WATER PUBLIC WATER SCTM No 1000-43-05-o8 100' / 5 PUBLIC NWER PUBLICWATER5 / ' PUBLIC NWATER 50 50' m DWELLING ON PUBLIC WATER E D Z EXISTING VS. P R O P O S E D SITE PLAN DRAWING TITLE PROPOS D co 130SITE PLAN ►► _ . SITE PLAN BASED ON SURVEY BY PECONIC SURVEYORS GENERAL NOTES 11 1 (JOHN METZGER)LAST DATED OCTOBER 29, 2,021 1 = 20 SCTM No. 1000-43-05-o8 SCALE BASED ON SURVEY BY PECONIC SURVEYORS 18,500 sf to TIE LINES JUNE 2,2022 NOTED (JOHN METZGER) DRAWING NO. LAST DATED OCTOBER 29, 2021 SCTM No. 1000-43-05-o8 18,500 sf to TIE LINES ISSUES/REVISIONS RECEIVED JUN 10 2022 Zoning Board of Appeals ❑ ❑ ❑ ❑ ❑ ❑ ❑ 1 3'-1 1 /4" 37-8 114" 15'-G 112" 1 1'-2 112" ELEV. 6.5' in FINAL AP REVIEWED BY ZC- SEE DECISION ## DATED jo CONCRETE SLAB IN UNFINISHED CRAWL SPACE FLUSH WITH SURROUNDING GRADE b GARAGE S RE AN INSTRUMENT OF SERVICE AND ARE THE PROPERTY OF THE Ln ARCHITECT.INFRINGEMENTS WILL m BE PROSECUTED N CONCRETEco SLAB ON GRADE zoaz ALL RIGHTS RESERVED `° N i Robert I. Brown Architect, P.C. 20 Bay Ave. Greenport NY info@ribrownarchitect.com 631-477-9752 IT ISA VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT,TO ALTER ANY ITEM ON 14'-7" 2G'-G" I 0'-G" 15'-7" I I'-3" THIS DRAWING IN ANYWAY.ANYAUT IORIZED ALTERATION MUST BE NOTED,SEALED,AND DESCRIBED IN ACCORDANCE WITH THE LAW. xf 78'-5" FOUN ATIUN PLAN 341 Q� F W.IO CLIENT/OWNER DAN &. SUE DIVINEY PROJECT TITLE NEW RESIDENCE 400 BAY ROAD,GREENPORT,NY DRAWING TITLE FOUNDATION PLAN SCALE JUNE z,Boaz 1/4"="-0" DRAWING NO. ISSUES/REVISIONS e-700 RECEIVED JUN 10 2022 Zoning Board of Appeals GAS FIRED GRILL N COVERED DECK O — D — — o Dii H ir 11 1 SCREENED FINAL MAR PAn G LEVEL PORCH REVIEWED BY ZBA SEE 'DECISION# `1 ELEV. = 6.5' O O DATED II /-QO 1 '-�oLZ. <� I '* REFRI THESE PLANSARE AN INSTRUMENT OF SERVICE AND ARE THE PROPERTY OF THE ARCHITECT.INFRINGEMENTS WILL K BE PROSECUTED 13'-1 1 3/4" GREAT (:Dx aoiz ALL RIGHTS RESERVED ---, ffe.=9.0' ROOM L--J WALL OVENS KI CHEN BEDROOo - Robert I. Brown 1 Architect, P.C. I Zo5 Bax Ave. Greenport NY info@ribrownarchitect.com GARAGE / ` CLOSET 631-477-9752 ] ffe.=8.o' IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACFING UNDER T IF DIRECTION OF A LICENSED ARCHITECT,TO ALTER ANY ITEM ON THIS DRAWING IN ANYWAY.ANY AUTHORIZED ALTERATION MUST BE NOTED,SEALED,AND L DESCRIBED IN ACCORDANCE WITH THE LAW. U w FOYER ED -0!1 0 O Elu "N' qty O� PAVING3�, PAVING UNDER UNDER �' NE`Ny° ❑ ROOF � � ROOF � L� ,__. L !I CLIENT/OWNER DAN & SUE FIRST FLOOR PLAN DIVINEY PROJECT TITLE NEW RESIDENCE .400 BAY ROAD,GREENPORT,NY DRAWING TITLE FIRST FLOOR PLAN SCALE JUNE i,2022 1/4"="-0" ]DRAWING NO. ISSUES/REVISIONS RECEIVED JUN 10 2022 Zoning Board of Appeals FREE-STANDING GAS FIRE PIT i 0 N BALCONY DECK _ 12'-I I" FINAL P REVIEWED BY ZBA _j z SEE DECISION # BALCO DATED /�jj / DECK 13'-I I 114" o THESE PLANS ARE AN INSTRUMENT OF C" 10'-I I" SERVICE AND ARE THE PROPERTY OF THE ARCHITECT.INFRINGEMENTS WILL FAMILY BE PROSECUTED BEDROOM ROOM 2022 ALL RIGHTS RESERVED N BEDROOM 3 (:Dx 2 3'- BEDROOM Robert I. Brown 40 Architect, P.C. _ — � 2o5 Bay Ave. Greenport NY — — — info@r><brownarchrtect.com 631-477-9752 CLOSET O IT IS A VIOLATION OF THE LAW FOR ANY PERSON, in UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT,TO ALTER ANY ITEM ON THIS DRAWING IN ANY WAY.ANY AUTHORIZED &-G 3/4" ALTERATION MUST BE NOTED,SEALED,AND DESCRIBED IN ACCORDANCE WITH THE LAW. ILAUN DRY f J 0 ul BALCONY i X341 y0<� DECK "�� CLIENT/OWNE\ DAN & SUE SECOND FLOOR PLAN DIVINEY PROJECT TITLE NEW RESIDENCE 400 BAY ROAD,GREENPORT,NY DRAWING TITLE SECOND FLOOR PLAN SCALE JUNE 2,2022 1/4" DRAWING NO. ISSUES/REVISIONS RECETi�:Appeals JUN 1 0 Zoning Board of BALCONY FINAL MAP DECK : REVIEVVEp BELOW SEED BY ZEA ECIStON #�_ DATFn I LOW HEADROOM THESE PLANS ARE AN INSTRUMENT OF 25'-3" SERVICE AND ARE THE PROPERTY OF THE ARCHITECT.INFRINGEMENTS WILL BE PROSECUTED 2022 ALL RIGHTS RESERVED cp N N Robert I. Brown Architect, P.C. AMC /=R LOW HEADROOM STORAGE 20 Bay Ave. Greenport NY UNCONDITIONED UNCONDITIONED in O@ribrownarchitect.com 631-477-9752 I O'-3" i� m IS A VIOLATION THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT,TO ALTER ANY ITEM ON LOW THIS DRAWING IN ANYWAY.ANY AUTHORIZED ALTERATION MUST BE NOTED,SEALED,AND HEADROOM DESCRIBED IN ACCORDANCE WITH THE LAW. O D Af 3�aT A TSO m rs 41 CLIENT/OWNER \ DAN & SUE DIVINEY ATTIC PLAN PROJECT TITLE NEW RESIDENCE 400 BAY ROAD,GREENPORT,NY DRAWING TITLE ATTIC PLAN SCALE JUNE 2,2022 1/4'=1'-0" DRAWING NO. ISSUES/REVISIONS u J /� jU ��12 ° Toning Boar Board Of Appeals FINAL MAP REVIEWED BY ZBA SEE DECISION # DATEDL- 1 - THESE PLANS ARE AN INSTRUMENT OF SERVICE AND ARE THE PROPERTY OF THE ARCHITECT.INFRINGEMENTS WILL BE PROSECUTED 2022 ALL RIGHTS RESERVED Robert I. Brown Architect, P.C. 20 Bay Ave. Greenport NY inf"O@ribrownarchitect.com 631-477-9752 IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OFA LICENSED ARCHITECT,TO ALTER ANY ITEM ON THIS DRAWING IN ANYWAY.ANY AUTHORIZED ALTERATION MUST'BE NOTED,SEALED,AND DESCRIBED IN ACCORDANCE WITH THE LAW 'Dli�D A^ s 63 1 C j2� CLIENT/OWNER DAN & SUE DIVINEY ROOFPLAN PROJECT TITLE NEW RESIDENCE 400 BAY ROAD,GREENPORT,NY DRAWING TITLE ROOF PLAN SCALE JUNE 2,2022 1/4" DRAWING NO. ISSUES/REVISIONS JUN 10 MZ zoning Board of Appeals TOP OF RIDGE EL. + 37- 9" � TOP OF WINDOW EL. +34'- 10" ATTIC FLOOR EL. +28'- 2' FIN15H CEILING EL. +27-4" TOP OF WINDOW EL. +2G"-O" Lid I ___j1 I :�.. .�.:. SECOND FLOOR EL. + 19'-4" I FIN15H CEILING EL. + 18'-0" ' TOP OF WINDOW EL. +17- 0" m FINAL MAP SEE ��=�;fay , r,3 Y ZEA DATED FIRST FLOOR EL. +9'-0" THESE PLANS ARE AN INSTRUMENT OF GRADE EL. +G'-O" SERVICE AND ARE THE PROPERTY OF THE ARCHITECT.INFRINGEMENTS WILL BE PROSECUTED WEST ( FRONT ) ELEVATION aoaz ALL RIGHTS RESERVED Robert I. Brown Architect, P.C. TOP OF RIDGE EL. + 37- 9" 2oBax Ave. Greenport NY in o@ribrownarchitect.com 631-477-9752 IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER TI IE DIRECTION OF A TOP OF WINDOW EL. +34'- 10" LICENSED ARCHITECF,TO ALTER ANY ITEM ON TI ITS DRAWING IN ANYWAY.ANY AUTHORIZED ALTERATION MUST BE NOTED,SEALED,AND DESCRIBED IN ACCORDANCE WITH THE LAW. ATTIC FLOOR EL. +28'- 2" FIN15H CEILING EL. +27-4' ' `�4A r� TOP OF WINDOW EL. +2G'-0" CLIENT/OWNER DAN & SUE 1 DIVINEY SECOND FLOOR EL. +19'-4" FIN15H CEILING EL. +15'- 0" TOP OF WINDOW EL. +1 T- 0" PROJECT TITLE i { .NEW RESIDENCE 40o BAY ROAD,GREENPORT,NY I i j DRAWING TITLE � � ELEVATIONS Il Il , FIRST FLOOR EL. +9'- 0" SCALE JUNE i,zoai i/4' GRADE EL. +G'-O" DRAWING NO. SOUTH ( SIDE ) ELEVATION —//OF3 ISSUES/REVISIONS RECEIVED JUN 10 2022 TOP OF RIDGE EL. + 371-9" Zoning TOP Of A . TOP OF WINDOW EL. +34'- 10" ATTIC FLOOR EL. +28'- 2" FINISH CEILING EL. +27-4" TOP OF WINDOW EL. +2G"-0" r SECOND FLOOR EL. +19'-4" FINISH CEILING EL. +18'-0" TOP OF WINDOW EL. +17-0" FINAL MAP REVIEWED BY Z13A SEE DECISION # FIRST FLOOR EL. +9'-O" DATED /Ro / J. 2 NORTH S I D E ELEVATION THESE PLANS ARE AN INSTRUMENT OF SERVICE AND ARE THE PROPERTY OF THE ARCHITECT.INFRINGEMENTS WILL BE PROSECUTED 2022 ALL RIGHTS RESERVED Robert I. Brown TOP OF RIDGE EL. + 37- 9" Architect, P.C. acII5 Bax Ave. Greenport NY inro@ribrownarchitect.com 631-477-9752 TOP OF WINDOW EL. +34'- 10" IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT,TO ALTER ANY ITEM ON THIS DRAWING IN ANY WAY.ANY AUTHORIZED ALTERATION MUST BE NOTED,SEALED,AND DESCRIBED IN ACCORDANCE WITH THE LAW. CL ATTIC FLOOR EL +26- 2" FINISH CEILING EL. +27-4"=T= TOP OF WINDOW EL. +2G"-0" 34 �Oc J CLIENT/OWNER i m DAN & SUE I i I I V I I I I E I I I I i �.I V.1 �# SECOND FLOOR EL. +19'-4" ::I:: ::: :::::I ..... .... ...... . . DIVINEY FINISH CEILING EL. +18'- 0" TOP OF WINDOW EL. +17- 0" PROJECT TITLE [A L: NEW RESIDENCE 40o BAY ROAD,GREENPORT,NY E DRAWING TITLE ��� L ---_---__- _ _-_'=='=f==-=- _ FIRST FLOOR EL. +9'-0" ELEVATIONS N� - - I ' F . GRADE EL. +G'- 0" SCALE JUNE i,2022 1/4"="-0" EAST ( REAR ) ELEVATION DRAWING NO. N SURVEY OF PROPERTY TEST HOLE DATA McDONALD GEOSCIENCE AT GREENPOR T 12/4/2020 EL. 6.3' TOWN OF SO UTHOLD MIXED SAND AND LOAM SUFFOLK COUNTY, N. Y MANHANSET AVENUE 3' 1000-43-05-08 & 23 4' GRAY ORGANIC CLAY OL SCALE: 1�=30 \ �v BROWN CLAY CH FEBRUARY 17, 2021 RECEIVED EL. 0.5' 5.8' SEPTEMBER 13, 2021 I WATER /N BROWN JUN 10 2022 6' CLAY CH OCTOBER 29, 2021 (Wetland Flags, Lot Coverage) i WATER IN PALE i Zoning Board of Appeals BROWN FINE SAND SP SANDY -' BEACH ROAD 13' NOTE.• WATER ENCOUNTERED 5.8' BELOW SURFACE N ELEVATIONS AND CONTOUR LINES REFERENCED TO NA VD 88 n N/O/F MARTIN & CHIARA RASANELLI CONSTANCE BALESTRINO ROCHELLE KYRK pWp.UNG ON pWELUNG ON TIDAL WETLAND BOUNDARY, AS DELINEATED BY � PUBUC WATER 0 w PUBLIC WATER EN-CONSULTANTS. ON AUGUST 5, 2021 o 162.00' N N85'38'40"E r '� WLF -0 X4.0' #EI I '- _ AC UNIT \ WLF I W S87*05'00"E EL 6.5' TH w MBER LINED SHED #E2 GRAVEL OUT \ if J C 255.27' ® { SHWR L=6 1 24.3' C.E. \ z ONCRETE 01GARAGE b, 13.0' 9.4' I � -Q-� � I^ 16.5 ➢y O O -/" O W cC �1 x U � O� J W cci� :< / WLF DWELLING ON U' N '�r'' #E / WOOD c m N o ICATWAL PUBLIC WATER � K/ BRIDGE�, 1000-43-05-23 rn / 26.2' 0 N I J o WLF ' M v m / #E5J � ' � � rri z rri � �� po Tr' top 1000-43-05-08 o II I 4 � O EXISTING1SEPTIC / % ' I !n I rn O r 0 '¢WLF v j #E6 I 289.11 o I WLF I 2 HEDGE ` #E / S8638'40"W DWELLING ON WIR FEN E END FE. ry134.00TIE LINES ALONG M.H.W.M PUBLIC WATER - END FE. S8538140 0.3' S EL 5.5' 0.5' S s TIDAL WETLAND BOUNDARY, AS DELINEATED BY EN–CONSULTANTS. ON AUGUST 5, 2021 N 0 F RICHARD G .ROHMAN pWL'WNG ON IRREVOCABLE TRUST PUBLIC WAS JANE ROHNAN IRREVOCABLE TRUST DWELUN' G ON 01 1000-43-05-08 PUBUC WAS SOU THOLD TOWN L 0 T CO VERA GE KEY BUILDABLE LAND AREA=14,483 sq.ft. (AREA LANDWARD OF TIDAL WETLANDS BOUNDARY = 14,483 SQ.FT.) ® HOUSE 1354 SQ.FT.= REBAR DECK 180 SQ.FT. ® = WELL SHED 126 SQ.FT. 1,660 SQ.FT. ® = STAKE 1660/14483 = 11.5% = TEST HOLE ® = PIPEo 1000-43-05-08 NYSDEC LOT COVERAGE ® = MONUMENT BUILDABLE LAND AREA=14,483 sq.ft. (AREA LANDWARD = WETLAND FLAG OF 77DAL WETLANDS BOUNDARY=14,483 SQ.FT) = U77L/TY POLE HOUSE 1354 SQ.FWOOD T. pF ME`"✓yo SHED DECK, STEPS 209 SO.FTT ��- DRI VEWAY & PA 770 752 SQ..FT. ANY ALTERA77ON OR ADDI77ON TO 77-IIS SURVEY IS A WOLA77ON OF 2,441 SQ.FT. a�' '�' N.Y.S. LIC. N0. 49618 SEC77ON 7209 OF THE NEW YORK STA 7E EDUCA77ON LAW. EXCEPT o 2441/14483= 15.2% 1 t/ Y. . LIC. N0. 051132-01 AS PER ID FOR IS M SUBDIVISION 2. ALL CER7ONLY7F S HEREON O AREA OF 1000-43-05-23= 25,403 SQ. FT. TO TIE LINES PFCONIC RVE�'O S, P.C. ARE VALID FOR 7HlS MAP AND COPIES THEREOF ONLY IF SAID MAP - �(631� 65=5d20 A�f"� 631) 765-1797 SI COPIES BEAR INE IMPRESSED SEAL OF 7NE SURVEYOR WHOSE AREA OF 1000-43-05-08= 18,500 SQ. FT. TO TIE LINES P,O%B X609' " SGNATURE APPEARS HEREON. 0'3Tj0T}l�L�-,��AI� 1971 T 120-081 �n F,c 1 COUNTY OF SUFFOLK RECVE'�1;1":D JUN : OFFICE OF THE COUNTY EXECUTIVE Zoning 3carc� f Appeals Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Commissioner Economic Development and Planning June 14, 2022 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number McKeand & Goldman #7682 o,-f Daniel & Suzanne Diviney #Q7 * Very truly yours, Sarah Lansdale Director of Planning A? By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning& Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 �yA f(V-- - I �1�40 S- Ohlco— "FFICE LOCATION: ��� jy0� MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) u2 ,c Southold, NY 11971 JOS Telephone: 631 765-1938 AUNTY, LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVED MEMORANDUM SEP 15 2022 To: Leslie Weisman, Chair Members of the Zoning Board of Appeals Zoning Board of Appeals From: Mark Terry,AICP Assistant Town Planning Director LWRP Coordinator Date September 15,2022 Re: LWRP Coastal Consistency Review for ZBA DANIEL AND SUZANNE DIVINEYATROMmm, SCTM#1000-43-5-8. DANIEL AND SUZANNE DIVINEY 47683-Request for a Variance from Article XVIII, Section 280-124 and the Building Inspector's May 9,2022,Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a new single family dwelling; 1) located less than the code required minimum front yard setback of 35 feet; located at: 400 Bay Road, (Adj.to Gull Pond Inlet)Greenport,NY. SCTM No. 1000-43-5-8. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions.MINOR ACTIONS item"F"which states: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; 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,Acting Town Attorney FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL RECEIVED DATE: May 9, 2022 JUN 10 2022 Zoning Board of Appeals TO: Robert Herrmann, En-Consultants (Diviney) 1319 North Sea Road Southampton,NY 11968 Please take notice that your application dated April 5, 2022: For permit to:Demolish existing dwelling and construct a new single-family dwelling at: Location of property: 400 Bay Road, Greenport.NY County Tax Map No. 1000 - Section 43 Block 5 Lot 8 Is returned herewith and disapproved on the following grounds: The proposed construction, on this nonconforming 18,500 sq. ft. parcel in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 280-124 which states: lots measuring less than 20,000 square feet in total size require a minimum front yard setback of 35 feet. The site plan shows the new house to have a front yard setback of 16.5 feet. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. r - - �.• t c Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No.400 Street Bay Road Hamlet Greenport SCTM 1000 Section 43 Block 5 Lot(s) 8 Lot Size 18,500 sf Zone R-40 �� I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING NSPECR DATED May 9,2022 BASED ON SURVEY/SITE PLAN DATED March 8,2022 R CEIVED Owner(s): Daniel&Suzanne Diviney JUN 10 2022 Mailing Address: 400 Bay Road,Greenport,NY 11944 of Appeals Telephone' 516-384-0456 Fax: Email.suzanne.s.diviney@pfizer.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative:En-Consultants for(x)Owner( )Other: Address: 1319 North Sea Road, Southampton, NY 11968 Telephone:631-283-6360 Fax:631-283-6136 Email:rherrmann@enconsultants.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (x)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED March 28,2022 and DENIED AN APPLICATION DATED April 5,2022 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: XXIII Section: 280 Subsection: 124 Type of Appeal. An Appeal is made for: (x)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( )has, (x)has not been made at any time with respect to this property,UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# REASONS FOR APPEAL(Please be specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: See attached addendum. 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: RECEIVED See attached addendum. JUN 10 2022 3.The amount of relief requested is not substantial because: Zoning Board of Appeals See attached addendum. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: See attached addendum. 5.Has the alleged difficulty been self-created? { }Yes,or {4 No Why: See attached addendum. Are there any Covenants or Restrictions concerning this land? {x}No { }Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of thecom u ity. rt E. Herrmann SignApplicant or Authorized Agent (Agent mu mit written Authorization from Owner) Sworn to before me this 9th day of June 2022 Natary Pub KIM H . ST HENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION N0 . 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 , 205 R DANIEL & SUZANNE DIVINEY lal� 400 BAY ROAD RECEIVED GREENPORT,NY SCTM#1000-43-5-5 JUN 10 2022 1) Variance relief is requested to maintain a front yard setback of 16.5 feet to th !0Q&a &@ft4Weals where a minimum of 35 feet is currently required pursuant to Section 280-12 o e ow existing dwelling was originally constructed prior to 1957, and its 16.5-foot front yard setback was established by a garage addition on the north side of the house that was permitted by the Building Department in 1967 (Certificate of Occupancy No. Z-3029). Noncompliant with FEMA,the existing dwelling is proposed to be demolished and replaced with a new FEMA-compliant dwelling that would increase the existing wetlands setback by 4 feet while maintaining the existing front yard setback. And by maintaining the front yard setback that was legally established 54 years ago, the applicants will maintain the dwelling's historically existing position relative to Bay Road and avoid creating any undesirable change to the character of the surrounding neighborhood. Including the applicants',there are 11 waterfront dwellings located along Bay Road/Inlet Lane, 9 of which are separated from Gardiners Bay by the tidal waters of Gull Pond Inlet, 8 with preexisting nonconforming undersized lot areas. (The applicants' property has a lot area of 18,500 sf and a buildable land area of 14,483 square feet). And where the tidal waters and wetlands of the southerly end of Gull Pond Inlet begin encroaching farther west, closer to the road,the dwellings are situated increasingly closer to the road. Specifically,whereas most of the homes located at the north end of Inlet Lane have front yard setbacks of 50 feet or more, the adjacent property to the north, 460 Bay Road, is located 35 feet from the front lot line;the applicants' dwelling is located 16.5 feet from the front lot line; and the adjacent dwelling to the south, 240 Bay Road, is located 13.2 feet from the front lot line,where Gull Pond Inlet is located closest to the road. And although no variance was required for the increased degree of nonconformity at the time, a 2-story addition was added to the footprint of the adjacent dwelling at 240 Bay Road in 1998, 16.5 feet from the front lot line(Wetlands Permit No. 4915; Certificate of Occupancy No. Z-27359). Front yard setback relief was granted in 1999 for the reconstruction of the dwelling located two properties to the south at 100 Bay Road(Case 4695). Granting of the requested relief also will not cause a detriment to any nearby properties. The applicants' property faces what appears to be the rear side of the dwelling located on the opposite side of Bay Road, which is located approximately 70 feet from the paved roadway and more than 120 feet from the applicants' dwelling. And the proposed respective minimum and total side yard setbacks of 15 and 46.5 feet exceed the required respective minimum and total side yard setbacks of 10 and 25 feet. 2) The benefit of constructing a new,modernized, energy efficient,FEMA-compliant dwelling in place of the existing aging,FEMA-non-compliant dwelling without creating additional non-compliant encroachment on the adjacent wetlands cannot be achieved without variance relief due to the narrow depth between the front lot line and tidal wetlands associated with Gull nd Inlet. Specifically, with a minimum such depth less than 90 feet, relocating the new dwelling to a conforming 35-foot front yard RobertYsJHe=ann Sworn to before me this 9`h day of June,2022 KIM H . STEPHENS NOTARY PUBLIC otaryPubic STATE OF NEW YORK COMMISSION N0 . 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 , 205 setback would potentially result in a wetlands setback less than 35 feet wher a 47-fo ttlpr set ac exists currently and 100 feet is required by Chapter 275 of the Town Code. ereas;y mainta nmg the 16.5-foot front yard setback and increasing the wetlands setback to 51 feet the reccstn�cted, elling requires roughly 53% front yard setback relief and 49%wetlands setback rel ef. �V 1 fill LL 3) The requested variance for a 16.5-foot front yard setback is mathematically st�Ra�i 90ftoleg"Og1§3 percent relief from the minimum required 35-foot front yard setback. But the r fact because the reconstructed dwelling will maintain the existing setback that was legally established pursuant to a Building Permit issued in 1967 for an addition to a dwelling that was constructed before 1957, prior to the adoption of Town Zoning Code. Granting of the relief would thus allow the applicants to maintain the dwelling's front yard setback that was established more than 54 years ago, which is the same setback that was permitted for the 2-story footprint addition to the adjacent dwelling to the south 24 years ago. 4) The proposed project will not have an adverse impact on the physical or environmental conditions on the site or surrounding neighborhood. Rather, it will have a net beneficial impact through mitigation measures designed to reduce potential flood damage; protect and improve water quality; and protect and restore the quality and function of the adjacent tidal wetland ecosystem, as described below. a. The dwelling's minimum wetland setback will be increased by 4 feet. b. By raising the dwelling to a FEMA-compliant elevation, its potential exposure to flood and erosion damage will be substantially reduced. c. The existing conventional septic system will be removed and replaced with a low-nitrogen, innovative/alternative sanitary system(UA OWTS), which unlike conventional septic systems is designed to significantly reduce nitrogen loading into the groundwater table. d. A 10' wide, approximately 1,385 sf vegetated buffer would be permanently established adjacent to the tidal wetland boundary associated with Gull Pond Inlet. e. A stormwater drainage system is proposed to capture and recharge roof runoff. f. A project limiting fence will be installed to contain site disturbance and potential surface runoff during construction. 5) The difficulty creating the need for variance relief for the proposed additions is not self-created because the narrow lot depth between the road and the adjacent tidal wetlands associated with Gull Pond Inlet, which ranges from approximately 89 to 145 feet, makes it impossible to locate a dwelling on the property that would be compliant with both the minimum 35-foot front yard setback required by Chapter 280 of the Town Code and the minimum 100-foot wetlands se I ck required by Chapter 275 of the Town Code. RobertHerrmann Sworn to before me this 9`h day of June,2022 KIM H . STEPHENS No ary Nblic N O T A R Y P U B L I C STATE OF NEW YORK COMMISSION N0 , 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 . 20 APPLICANT'S PROJECT DESCRIPTION ��✓ APPLICANT: Daniel & Suzanne Diviney DATE PREPAREDFandaccessory L ,��� 1.For Demolition of Existing Building Areas JUN 10 2022 Please describe areas being removed: Existing 1,354 sf two-story dwelling with 180 sf deck shed. of ppeals II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: see attached project description,site plan,and architectural plans Dimensions of new second floor: see attached project description,site plan,and architectural plans Dimensions of floor above second level: Attic Height(from finished ground to top of ridge): 33'-9" Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: No(slab) 111.Proposed Construction Description(Alterations or Structural Changes) 'N/A (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 1,660 sf Proposed increase of building coverage: 934 sf Square footage of your lot: 18.500 sf; 14,483 sf buildable land Percentage of coverage of your lot by building area: 11.5%(existing); 17.9%(proposed) V.Purpose of New Construction:To construct a new, modernized, energy efficient, FEMA-compliant dwelling,without creating additional encroachment on adjacent wetlands. VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Due to the narrow lot depth between the road and the adjacent tidal wetlands,which ranges between 89 and 145 feet, on this low lying parcel, it is not possible to locate a dwelling on the property that would be compliant with the required 35-ft front yard setback without creating significant additional encroachment on the adjacent wetlands. Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 y DANIEL&SUZANNE DIVINEY 400 BAY ROAD GREENPORT, NY SCTM#1000-43-5-5 RECEIVED JUN 10 2022 Demolish and remove existing 2-story dwelling; construct a new 2-story, sintd family dwelling with a 1,516 sf footprint and 341 sf attached garage with 39 sf concrete apron, stoop aroof overhang,410 sf deck with balcony(above) and 4' x 4.25' steps, 123 sf sned 2orch with balcony (above) and 4' x 4.25' steps, and 112 sf 2nd-story deck/balcony; install 112 sf pavers-in-sand patio, 4' x 4' outdoor shower enclosure over gravel,HVAC,and buried utilities; replace existing concrete driveway with pervious gravel driveway;remove existing septic system and install new UA OWTS sanitary system;install a stormwater drainage system; and establish a 10-foot wide vegetated buffer adjacent to tidal wetland boundary,all as depicted on the site plan prepared by Robert I.Brown Architect,P.C.,dated June 2,2022. QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION 1 �� A. Is the subject premises listed on the real estate market for sale? RECEIVED —Yes X No JUN 15 2022 B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. oning Board of Appeals C. 1.)Are there areas that contain sand or wetland grasses? Yes 2.)Are those areas shown on the survey submitted with this application? Yes 3.) Is the property bulk headed between the wetlands area and the upland building area? No 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction?No Please confirm status of your inquiry or application with the TrusteesPending variance determination by ZBPend if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed constriction at or below five feet above mean sea level? Yes E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. CO Ws Z3029 and 26983 H. Do you or any co-owner also own other land adjoining or close to this parcel?Yes If yes,please label the proximity of your lands on your survey.SCTM 41000-43-5-23 (shown on survey). I. Please list present use or operations conducted at this parcel Residential, single-family dwellina and the proposed use same with new dwelling (ex: existing single family, proposed: same with gara a,pool or other) June 9, 2022 Authorized 5 nature and Date " FORM NO. 4 t TOWN OF SOUTH®LD '�V�� BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. RECEIVED JUN 10 2022 CERTIFICATE OF OCCUPANCY Zoning Board of Appeals No. .�. 302. . . . Date �� . . 4s. . . . . . . . . . . . . . . .. THIS CERTIFIES that the building located at .Day. 40a d. . . . . . . . . .. . . . .. . . . Street Map No. . . . .. . . . . . . . Block No. . . . . . . . .. . . .Lot No. �Y��Al�Ce�1�.�.�.•r�T.�'o . . . . . .. . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . . Pqp.1;, . ..6 . . . . . .. 19.67. pursuant to which Building Permit No.Z .3605. . dated . . . . . ... .PAPt.. .6. . . . .. .. 19. 0, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The -occupancy for which this certificate is issued is . . . .jpxi!uat0..onm .fami y.€weLl g. . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . The certificate is issued to . . . . . .Dovis.Sooner. . .Owner . . . . . . . .. . . . . .. . . .. . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .•.. . . . . .. . . . .`. . . . .. . Building Inspector ._.. �..Q.�r. . ....,,:m,. .atm . .x �.5' ...vx:.i423:�'.w'✓•'e �.'r•".:�Au:,°r.'..:Y<...... .Mwr :wT'a' •y, :y6.�r y'f,:t 'Tfr• �g�,��<Vi, , 1'. FoRm N®. 4 }' u TOWN OF SOUTHOLD s BUILDING DEPARTMENT : Town Clerk'sOffice Southold, N. Y. w RECEIVED 1�21 JUN 10 2022 Certificate Of Occupancy Zoning Board of Appeals No. � •.. Date 19. . THIS CERTIFIES that the building located, at - . . - a S------. , • . Street � Map No. . . V. . . . . Block No: . . . . . . . :Lot No, . .�4'..,. `. confor ns'substan •:� '..�:.,1 `s r .Y: tially:_to the=Application for Buildin "Per k mit here a filed '. ,;.. � ., <;;: .••:;: g' tofor in this office x.ti•'' ::(r�wr%y5':=4.. =?.yS'• �-^t`•"y'' �i:»`.i:iu'9' - J"•:'1-^;'`+4`+ '' r:i"'t�.�,Yk.+�2�i+!•'in i:tie;:-' ?.:'-•_� •,:y:;19�_. - ursarit to,:which B , :.. P wilding Permit No. ?...1 . " �_✓ :.•"y'`•Z�, Z.�i •7 GnnV,1•i': ..ri"6 tii l2e_�>,- 'L.y� ,L..'tje+,"G..l':-dY,nf., r `:...R'�a� •^>r'y� .4 �.yk` .a..;,�i�^, k Bt v:�.�Y�„y'yiY } '.F;r+d:',:y�•3:r"�.':-,'�t'.'- - Y dated.x. = r ;%' a,•.., ,s.::f' � rr' ::°rb;:,z.:„„^C}':. - -.>,,ys;i::a.f•rc= - !. `:';,;;![sr;�`;s.,t,;,��; .k. 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All applications requiring an agricultural data statement must be referred to the Suf� ;Vlw Department of Planning in accordance with Section 239m and 239n of the eneral Muni iga� Law. JUN 0022 1. Name of Applicant: Daniel&Suzanne Diviney Zoning Board of Appeals 2. Address of Applicant:400 Bay Road,Greenport,NY 11944 3. Name of Land Owner(if other than Applicant):Same as Applicant 4. Address of Land Owner:Same as Applicant 5. Description of Proposed Project:see attached project description. 6. Location of Property: (road and Tax map number) 400 Bay Road,Greenport;SCTM#1000-43-5-8 7. Is the parcel within 500 feet of a farm operation? { } Yes {x} No 8. Is this parcel actively farmed? { } Yes {x} No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) Robert E. Herrmann 6 / 9 /22 Signa f pplicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. RECEIVED DANIEL&SUZANNE DIVINEY 400 BAY ROAD JUN 1.0 2022 GREENPORT, NY SCTM#1000-43-5-8 Zoning Board of Appeals Demolish and remove existing 2-story dwelling; construct a new 2-story, single family dwelling with a 1,516 sf footprint and 341 sf attached garage with 39 sf concrete apron, stoop and steps beneath 92 sf front roof overhang,410 sf deck with balcony(above) and 4' x 4.25' steps, 123 sf screened porch with balcony (above) and 4' x 4.25' steps, and 112 sf 2❑d-story deck/balcony; install 112 sf pavers-in-sand patio, 4' x 4' outdoor shower enclosure over gravel,HVAC, and buried utilities;replace existing concrete driveway with pervious gravel driveway;remove existing septic system and install new I/A OWTS sanitary system;install a stormwater drainage system; and establish a 10-foot wide vegetated buffer adjacent to tidal wetland boundary,all as depicted on the site plan prepared by Robert I.Brown Architect,P.C.,dated June 2,2022. Short Environmental Assessment Form Part 1 -Project Information Instructions for Completing �I, 3 Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully er as thoroughly as possible based on current information. RECEIVED Complete all items in Part 1.You may also provide any additional information which you belieN a will be -dei I To ful to e lead agency;attach additional pages as necessary to supplement any item. ben IV Part 1-Project and Sponsor Information Zoning Board of Appeals Name of Action or Project: Diviney Reconstruction Project Location(describe,and attach a location map): 400 Bay Road,Greenport,SCTM#1000-43-5-8;located on east side of Bay Road,+/-760'south of Manhanset Avenue(map provided) Brief Description of Proposed Action: Demolish and remove existing 2-story dwelling;construct a new 2-story,single family dwelling with a 1,516 sf footprint and 341 sf attached garage with 39 sf concrete apron,stoop and steps beneath 92 sf front roof overhang,410 sf deck with balcony(above)and 4'x 4.25'steps, 123 sf screened porch with balcony(above)and 4'x 4.25'steps,and 112 sf 2nd-story deck/balcony;install 112 sf pavers-in-sand patio,4'x 4'outdoor shower enclosure over gravel,HVAC,and buried utilities;replace existing concrete driveway with pervious gravel driveway;remove existing septic system and install new I/A OWTS sanitary system;install a stormwater drainage system;and establish a 10-foot wide vegetated buffer adjacent to tidal wetland boundary,all as depicted on the site plan prepared by Robert I.Brown Architect,P.C.,dated June 2,2022. Name of Applicant or Sponsor: Telephone: 516-384-0456 Daniel&Suzanne Diviney E-Mail: suzanne.s.diviney@pfizer.com Address: 400 Bay Road City/PO: State: Zip Code: Greenport NY 11944 1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES If Yes,list agency(s)name and permit or approval:NYS DEC,Suffolk County Department of Health Services, ❑ Southold Trustees 3. a.Total acreage of the site of the proposed action? 18,500 sf b.Total acreage to be physically disturbed? <11,000 sf c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 18,500 sf 4. Check all land uses that occur on,are adjoining or near the proposed action: ❑Urban ❑ Rural(non-agriculture) ❑ Industrial ❑ Commercial m Residential(suburban) ❑ Forest ❑ Agriculture ® Aquatic ❑ Other(Specify): Parkland Page 1 of 3 SEAF 2019 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ❑ ❑✓ ❑ b. Consistent with the adopted comprehensive plan? [ ❑ ❑✓ [:]— NO NO YES 6. Is the proposed action consistent with the predominant character of the existin -land RECEIVED ❑ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Criti al EnvirJ rnJal22 NO YES Name:Peconic Bay&Environs,Reason: Protect public health water,vegetation,&scenic beauty,Agency: If Yes,identify: ❑ ❑✓ Zoning Board of Appeals NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? ❑ b. Are public transportation services available at or near the site of the proposed action? ❑ c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed Elaction? IZI 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: A new I/A OWTS sanitary system is proposed. F/-1 ❑ 12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State Register of Historic Places,or that has been determined by the ❑ Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑ archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? 13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? EI— If If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: Page 2 of 3 14. Identify the typical habitat types that occur on,or are likely to be found on the project site.Check all that apply: m Shoreline ❑ Forest ❑Agricultural/grasslands ❑ Early mid-successional m Wetland ❑ Urban ® Suburban 11/0 15. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the S to or NO YES Federal government as threatened or endangered? ❑ 16. Is the project site located in the 100-year flood plan? 140 YES JUN 10 2022 ❑✓ 17. Will the proposed action create storm water discharge,either from point or non-poi tO YES ft�� Board of Appeal ❑ If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? El 0 If Yes,briefly describe: 18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids(e.g.,retention pond,waste lagoon,dam)? If Yes,explain the purpose and size of the impoundment: ❑ ❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes,describe: ❑ ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed) for hazardous waste? If Yes,describe: ❑ ❑ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Rob .Herrmann,En-Consultants Date:June 9,2022 Signature: Title:Coastal Management Specialist PRINT F®RM Page 3 of 3 dr az u k1065' 0a5as ;v rnca 40 21 - PS East Marion Qo earn Rocky Pt Orient Park C C OF 7" each Orient Ak J YC Sod y MUS. Dam I Pond Orient Harbor EAS 10 AFF o R CEIVED 25 J N 10 2022 PS CROSS "NF"( Zoning Board of Appeals IVfarioii Lake islandsNORTH End GC CC Y:.'ly COQ� O° R �' �-+ O 'i \S Qv BA I y !9 D A 09 00 Gull Pt t."'as AIEA�Dno Ca.5 9 LA Cleves Pt Long Beach Pt 0 LH Suffolk County Haq5-Lr-Cm Map #50 h Pt 1 2,000' Yo pgs Pt Hay Beach Pt M LA Site(kC655,vo 5ubject Fropertq) v RD Cornelius Pt um WOODBINE 1A [D) I Z DO ing Pt o Gardiners Bay cPP CC DERING W Ohs RD e U3 r n Flu n Board of Zoning Appeals Application RE CEIVED ECEIVED (Where the Applicant is not the Owner) N 10 2022 Board of Appeals t i Pr�35PeIC-4-- j, Daniel Diviney residing at (Print property owner's name) (Mailing Address) Huntington&@Oem,NY 11740_3 do hereby authorize (Agent) En-Consultants to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner"s Daniel Diviney (Print Owner's Name) Board of Zoning Appeals Application RECEIVED AUTHORIZATION JUN 10 2022 (Where the Applicant is not the Owner) 0 J Zoning Board of Appeals j� Suzanne Diviney residing at 6+tn� 0- APS -- (Print property owner's name) (Mailing Address AP Huntington S1 ,NY 11743 do hereby authorize (Agent) En-Consultants to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) Suzanne Diviney (Print Owner's Name) APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. 10 YOUR NAME : Diviney, Daniel J��f (Last name,first name,middle initial,unless you are applying in the name of someone else r other entitai, company.If so,indicate the other person's or company's name.) tFCCCCII..CC1j VV CC TYPE OF APPLICATION: (Check all that apply) JUN 10 2022 Tax grievance Building Permit Variance X Trustee Permit Zoning Board of Appeals Change of Zone Coastal Erosion PP Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood, marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this Sf day of /1`l�L"1 ,20 Signature Print Name Daniel Diviney APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : Diviney,Suzanne (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) RECEIVED Tax grievance Building Permit Variance X Trustee Permit JUN 10 2022 Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Zoning Board of Appeals Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this I c�T da F of / � ,20 2Z Signatu Print Name Suzanne Diviney 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. <4 YOUR NAME: Herrmann, Robert E. I L/ (Last name,first name,middle initial,unless you are applying in the name of someone else or oth r entity,suc i as a company.If so,indicate the other person's or company's name.) RECEIVED TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit J U N 10 2022 Variance XXX Trustee Permit Change of Zone Coastal Erosion Zoning Board of Appeals Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 9h day of June 20 22 Signature — Print Name Robert E. Herrmann Towri of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1, All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Fthe of Southold a enc in making a determination of consistency. *Except minor exempt actionud�q&g Per its and other ministerial permits not located within the Coastal Erosion Harea. 2. Before answering the questions in Section C, the preparer of this fou�AMOVC exe pt minor action list, policies and explanations of each policy contained iown of Southold Lo al Waterfront Revitalization Program. A proposed action will be evcTqg is nt beneficial and adverse effects upon the coastal area which includes all oT SoutholdTown). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 43 - 5 8 PROJECT NAME Daniel and Suzanne Diviney The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ® Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital ❑ construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: Nature and extent of action: Demolish and remove existing 2-story dwelling; construct a new 2-story,single family dwelling with a 1,516 sf footprint and 341 sf attached garage with 39 sf concrete apron,stoop and steps beneath 92 sf front roof overhang,410 sf deck with balcony(above)and 4'x 4.25'steps, 123 sf screened porch with balcony(above)and 4'x 4.25'steps,and 112 sf 2nd-story deck/balcony; install 112 sf pavers-in-sand patio,4'x 4'outdoor shower enclosure over gravel,HVAC,and buried utilities;replace existing concrete driveway with pervious gravel driveway;remove existing septic system and install new I/A OWTS sanitary system;install a stormwater drainage system;and establish a 10-foot wide vegetated buffer adjacent to tidal wetland boundary,all as depicted on the site plan prepared by Robert 1.Brown Architect,P.C.,dated June 2,2022. Location of action: 400 Bay Road,Greenport Site acreage: 18,500 sf Present land use: Residential,single-family dwelling RECEIVED Present zoning classification: R-40 JUN 10 2022 2. If an application for the proposed action has been filed with the Town o Si5u&Wd3agcdqyAhm&4l wing information shall be provided: (a) Name of applicant: Daniel&Suzanne Diviney (b) Mailing address: ' 400 Bay Road Greenport,NY 11944 (c) Telephone number: Area Code516-384-0456 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ® No❑ If yes, which state or federal agency? NYSDEC C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ❑YesNo VN Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III- Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable RECEIVEr Attach additional sheets if necessary JUN 10 2022 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 Zoning Board of Appeals ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ® Yes ❑ No ❑ Not Applicable The project will substantially increase the dwelling's protection against potential flood and erosion damage through replacement of the existing FEMA non-compliant dwelling with a new,FEMA-compliant dwelling. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Consistent with the Policy 5 and Policy 6 goals of protecting and improving water quality and protecting and restoring the quality and function of the adjacent tidal wetland ecosystem,the proposed project would result in a 4-foot increase in the dwelling's minimum wetlands setback;the existing conventional septic system would be removed and replaced with a low-nitrogen,innovative/alternative sanitary system(UA OWTS),which is designed to significantly reduce nitrogen loading into the groundwater table and,ultimately, surface waters;a stormwater drainage system would be installed to capture and recharge roof runoff,a 10'wide,approximately 1,385 sf vegetated buffer would be permanently established adjacent to the tidal wetland boundary associated with Gull Pond Inlet,which would act as a sink and filter for potential contaminants; and a project limiting fence would be installed to contain site disturbance and potential surface runoff during construction. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ®Yes ❑ No ❑ Not Applicable Consistent with the Policy 5 and Policy 6 goals of protein_o`and improving water quality and protecting and W_, ig the quality and function of the adjacent tidal wetland ecosystem,the proposed project would result in a 4-foot increase in the dwelling's minimum wetlands setback;the existing conventional septic system would be removed and replaced with a low-nitrogen,innovative/alternative sanitary system(I/A OWTS),which is designed to significantly reduce nitrogen loading into the groundwater table and,ultimately,surface waters;a stormwater drainage system would be installed to capture and recharge roof runoff,a 10'wide,approximately 1,385 sf vegetated buffer would be permanently established adjacent to the tidal wetland boundary associated with Gull Pond Inlet,which would act as a sink and filter for potential contaminants;and a project limiting fence would be installed to contain site disturbance and potential surface runoff during construction. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Selot/5 olicies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No® Not Applicable RECEIVED 10 202Z Zoning Board of Appeals Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-de--,,,dent uses and promote siting of n _Swater-dependent uses in suitable locations. See LWRP Section IfI - Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable JUN 10 2022 Attach additional sheets if necessary. Zoning Board of Appeals Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PREPARED BY TITLE Coastal Management Specialist DATE June 9,2022 Robert E.fferrfnani Amended on 811105 r�400 Bay Rdg,_ Google Earth N 300 ft T ! 7- 401f :ti.,, y 4 ^ , •f ia+ at Thy' i .'.'S"'�' }�n�.y., �., � i . � ,,ate� � •y k�'. . rLyi�' �x'� '.•.I _�+ "�^ _�.}.� �,'+'�:. .'r �- t��r- .' - ry t(�.�rf t AAS �� I • w -�75.} :.w C ?� � ;r•' . _ .9',\ .. ,,.'_ •fir, - i t • l l l I I I I I I I' v DANIEL& SUZANi'mr.DIVINEY 400 BAY ROAD GREENr%jAT REC ED JUN 10 2022 _ zeds Amok- . ..ora. Figure 3. Looking southeast at northerly end of front of existing dwelling(attached garage)to be demolished and replaced with new FEMA-compliant dwelling;and at existing shed to be removed. �I µ tLr t �I Figure 4. Looking northeast from southerly side yard at existing dwelling to be demolished and replaced with new dwelling; and location of proposed vegetated buffer adjacent to Gull Pond Inlet tidal wetlands to east. DANIEL& SUZANriz DMNEY,400 BAY ROAD,GREENrvjrtT 6 �f , /Ar� q_ 1 C. Figure S. Looking northwest from Gull Pond Inlet tidal wetlands toward existing dwelling to be demolished and replaced with new dwelling. RECEII/FC` i JUN I 0 2022 TOWN OF SOHOLD 1-1 PERTYj f� U T- yam_ s= � __ \ �5 hy1•C. I vIt-0 STREET VILLAGE ( DISTRICT SUB. LOT A� p�0RMER OWNERDF -son? r of rlr7p N � � � ACREAGE �1 S WA TYPEOFBUILDING RES. VL. FARM COMM. I IND. CB. misc. LAND IMP. TOTAL DATE REMARKS �Dv G/ y f �=L /1 -73 nfLer t, p �- GE Z� �0 �U�II� C fAr% N F 1 NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value W Z rn - - — - ------- . � , - 0+— n -- 06 Tillable 1 / �. . _ o < Tdlabie 2 - Tillable 3 ,kw� I l//nP N G Woodland � &hq -L I✓IAC E's Swampland ad r Brushland ..... Z- I - i. Zf!D �Z27��1�� ��-� l_V LrUAA _�t — --- - — _ - House Plot R Total `� =`'r + • Kms, M . ■■■■■■■■■■■■■■■��■■■ ■■■■ri7 MI%_ ■ Bldg. 43. 5-9 09/27/2017 Ut FoundationFBath Extension717 , , sement Floors ExtensionWalls • • • • • ■ Porch Attic Porch '.. Breeze p ,4 0 _ �. Garage ® • • • _ rr .t l iIr Sq 7 .> EN-CONSULTANTS IOU June 9,2022 �. ]499eals Southold Town Zoning Board of Appeals Town Hall53095 Main RoadP.O.Box 1179 guard Southold,NY 11971 Zoning Attn.: Kim Fuentes Re: Daniel& Suzanne Diviney 400 Bay Road, Greenport SCTM#1000-43-5-8 Dear Ms. Fuentes: Enclosed for review are ten(10) separate sets of the following for your review: 1. Notice of Disapproval,dated May 9,2022. 2. Office Check List. 3. Zoning Board of Appeals application including; a. Reasons for Appeal(2 page addendum), b. Applicant's Project Description, c. Questionnaire(copies of CO#'s Z3029 &Z6983). d. Agricultural Data Statement, e. Short Environmental Assessment Form, f. Owner's Consent, g. Applicant&Agent Transactional Disclosure Forms. 4. LWRP Consistency Assessment Form. 5. Site Photographs. 6. Site plan prepared by Robert I.Brown Architect,P.C.,dated June 2, 2022. 7. Survey prepared by Peconic Surveyors,P.C., last dated October 29,2021. 8. Floor Plans and Elevations prepared by Robert I.Brown Architect,P.C.,June 2,2022 (two full size sets and eight reduced sets). 9. Town property card. 10. ` Application fee of$500. 1 hope this information shall allow you to process our request. Should any additional information be required, please do not hesitate to contact our office. Sinc ely, Robert E. en-mann Coastal Management Specialist /khs Enc. 1319 North Sea Road I Southampton,New York 11968 p 631.283.6360 f 631.283.6136 www.enconsultants.com environmental consulting ZBA CHECK FEES - 2022 Funding Account- B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 6/13/2022 Diviney, Daniel&Suzanne6- 8 '% $500.00 8550 6/17/2022 6/15/2022 Key Capture Energy, Inc. 7684SE ✓ $1,000.00 8645 6/17/2022 6/15/2022 North Fork Project LLC 7687&7688 $1,500.00 1107 6/17/2022 6/16/2022 Key Capture Energy,Inc. 7685 V $1,000.00 8643 6/17/2022 6/16/2022 Key Capture Energy, Inc. 7685 ✓ $400.00 8644 6/17/2022 6/16/2022 Key Capture Energy, Inc. 7686 ✓ $300.00 8642 6/17/2022 $4,700.00 RECEIVED JUN 2 3 2022 Southold Town Clerk 8550 EN-CONSULTANTS 1319 NORTH SEA ROAD-PH.(631)283-6360 SOUTHAMPTON,NY 11968 amp 50.666/214 PAY DATE 6/40/2022 TO THE ORDER OF $ 500.00 FiveHundred-----------------------------------o-------------------------------------------------------------------------------------------00/100 DOLLARS aP 'WO Bank FOR DiNfinpV IED JUN 2 3 2022 Southold ToWn. i ✓n of Southold _r.0 Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 06/23/22 Receipt#: 301752 Quantity Transactions Reference Subtotal 1 . ZBA Application Fees 7683 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#8550 $500.00 . En-Consultants, Inc. Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 Clerk ID: SABRINA Internal ID:7683 TOWN SOUTHOLD' ZONING BOARD OF APPEALS Appeal No. �- SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: MAILINGS Daniel & Suzanne Diviney (Name of Applicant/Owner) 400 Bay Road, Greenport 43-5-8 SCTM No: 1000- (Address of Property) (Section, Block&Lot) COUNTY OF SUFFOLK STATE OF NEW.YORK I, ( ) Owner, ( X) Agent Robert E. Herrmann DBA . � i it En-Consultants, 1319 North Sea Road, Southmapton New York; being duly sworn, deposes and says that: On the 15th day of . September 520 22, 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 current property owners shown on the current.assessment roll Verified from the official records on file with the Assessors, or ( ) County Real- Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this KIM H , STEPHEN S 28th day of §Rptember , 20 22 NOTARY P U 9 L I C STATE OF NEW YORK COMMISSION N0 . 5015931 otaryPubli ALIF'IED IN SUFFOLK COUNTY EXPIRES AUGUST 2 , 20__ PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. PostalPostal CERTIFIED MAILo oRECEIPT Q Domestic Mail Only Domestic Mail Only CO M &j I m . . Fri Certified Mail Fee Certified Mail Fee $ -z $ �l1r�A �,T Extra Services&Fees(checkbox,add fee es appropriate) ` A bra Services&Fees(checkbox,add/ee as appropriate) �'CJ� o / ru ❑Return Receipt(hardcopy) $ V n e��•t RJ ❑Return Receipt(hardcopy) $ Q ❑ Return Receipt(electronic) $ ;� Postma Q ❑Retort,Receipt(elecVonlc) $ j �+F(iPostfilark ��;2 Q ❑Certified Mail Restricted Delivery $ �+C[� Hare ,7 O ❑CertHied Mail Restricted Delivery $ v`r He(0���' -' Q []Adult Signature Required $ f VC/- , t G i Q [:]Adult Signature Required $ C E]Adult Signature Restricted Delivery$ , 1 `5?0� Q []Adult Signature Restricted Delivery$ © Postage1 l �� Postage rU Total Postal 1 ��`6 / rl FU Total Post 68�(�SPS $ USPS $ RG Rohman Irrevocable Trust r-9 Sent To Martin&Chiara Racanelli ru Sent To JE Rohman Irrevocable Trust -------- C3Nilietend) 3505 Vets Memorial Hwy, Suite A $rreereini PO Box 2096 _.._. Ronkonkoma�NY 11779 - city sraiE Greenport,NY 11944 City State, r r t t r :.. t t t ,•.•. PostalPostal Service M CERTIFIED . ■ CERTIFIED O . ■ m Lr) •� • CO ,. . cpCO M For delivery infOrmatici visit our website at wwmusps�coml!`. m _ ._.. —0 Certified Mail Fee Er Certified Mail Fee Er .o ``Y r� / Extra Services&Fees(checkbox,add fee as appropdale'r v ` rU /pa 6.Services&Fees(checkbox,add fee as appropdefe)l® � 1 ❑Retum Receipt(hardcopy) $ r_`-�•���/,d) ru El Return (hardcopy) $ J C3 ❑ReturnReceipt(electronic) Pos�tiT`8rk _ ❑Return Receipt(electronic) sC� Postmark Q ❑Certified Mall Restricted Delivery $ elo Here . Q E]Certified Mail Restricted Delivery $ C J$ §{ rz Q ❑Adult Signature Required $ i IL 0 []Adult Signature Required $ Z? 4 []Adult Signature Restricted Delivery$ ( Z ❑Adult Signature Restricted Delivery$ ru Postage U�� = Postage ru r` $ USPS FU Total Posta PS (U Total $ (� $ ri Sent To ti Sent Donna M. Chinnici ti Town of Southold ry d Stn3eland< PO Box 1179 --- C3 Sifee 146 Baywoods Lane ----------- Southold,NY 11971 Bay Shore,NY 11706 ----------- titySfate,: City, PostalTM ServiceTm Postal CERTIFIED MAILO RECEIPT CERTIFIED MAILP RECEIPT" Domestic mail only m Domestic Mail Only CD ro -� Certified Mail FeeC�te�avt�a1;' Certified Mail Fee Er a 6.Services&Fees(checkbox,add fee as approp'dah�d � � 6dra Services&Fees(check box,add lee as appropriate e AA p y, ru ❑Return Receipt(hardcopy) $ f iU ❑Return Receipt(hardcopy) $ - Q ❑Return Receipt(electronic) $— i Y FP 15 p, G Q ❑Return Receipt(electronic) $ r Postmar�2 Q 11 Certified Mail Restricted Delivery $ t t ere Q ❑certified Mail Restricted Delivery $--T� S�P / [ Hate 1 Q E]Adult Signature Required $ 1 Q []Adult Signature Required $ f J J yll/ []Adult Signature Restricted Delivery$ f +,., El Adult Signature Restricted Delivery$�, V r-3 Postage (`-tf FU Postage \� ru \ r- Total F -- raj J Tot X68+ a sent] Tucker Schneck ser Karen D. Cox o SVeet Erin P.Diamond •-------- 0 1465 Beach Road •$tie •------------- r` 75 W End Avenue,Apt. P19E Greenport,NY 11944 city s New York,NY 10023 cip --iVihe, --- � � . DELIVERY ■ Complete items 1,2,and 3. l i nature ■ Print your name and address on the reverse X E3 Agent so that we can return the card to you. E3 Addressee ■ Attach this card to the back of the mailpiece, eived by(Printed Name) C. Date of Delivery or on the front if space permits. C10-r 6 L- 1. 1. Article Addressed to: s deliveryaddress different from item 1? ❑Yes If YES,enter delivery address below: ❑No jDonna M. Chinmci 146 Baywoods Lane 3. Service Type ❑Priority Mail Express@ Bay Shore, NY 11706 ❑Adult Signature ❑Registered MaiITM ❑A ult Signature Restricted Delivery ❑Registered Mail Restricted ertified Mail@ Delivery ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect an Delivery ❑Signature Confirmation n.r„11—t-nn.Delivery Restricted Delivery Restricted Delivery 7021 2720 0002 6961 3853 G01 I Restricted Delivery 1—cover aauuJ PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt -e SENDER: COMPLETE THIS SECTION COMPLETE THIS SEC MON ON DELIVERY ■ Complete items 1,2,and 3. A s' ure ■ Print your name and address on the reverse Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Recei by(Priv d Name C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address differen rom item 1? ❑Yes If YES,enter delivery address below. ❑No f I Martin&Chiara Racanelli 3. Service Type ❑PriorityMail Sx ress@ I 3505 Vets Memorial Hwy, Smit]eA p Adult signature ❑Regisered MaiIITTM Ronkonkoma,NY 11779 ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ertified Mail® Deli ery l ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2. n-s: _w�.. ___r__r______._._.__.,—___—.�_ _..�—livery Restricted Delivery Restricted Delivery 70271 27:201 O0102 6;961113860: Restr)4ted pelivery PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt SENDER; COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature a�Ptnt your name and address on the reverse X � 13 Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Da of De very or on the front if space permits. I LITOO0Z 1. Article Addressed to: D. Is delivery address different from item 1? ❑Ye If YES,enter delivery address below: ❑No A f _ V Tucker Schneck Erin P. Diamond 3. Service Type ❑Priority Mail Express@ 75 W End Avenue, Apt.P 19E ❑Adult Signature ❑Registered MaiITM ❑ It Signature Restricted Delivery ❑Registered Mail Restricted, New York,NY 10023 Certified Mail@ Delivery Certified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2 o .,u ,, _ro,+. n-geliveryRestricted Delivery Restricted Delivery 70211272Q' 0002 '6'961 =38146`3_ ' I Restricted Delivery _— I---toverz55uul' 1 PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt 10/12/22, 1:18 PM USPS.com@-USPS Tracking@ Results USPS Tracking' FAQs > Tracking Number: Remove X 70212720000269613877 i � Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update This is a reminder to pick up your item before October 1, 2022 or your item will be returned on October 2, m 2022. Please pick up the item at the GREENPORT, NY 11944 Post Office. Q v 0 Delivery Attempt ® Reminder to pick up your item before October 1, 2022 GREENPORT, NY 11944 September 22, 2022 if Available for Pickup GREENPORT, NY 11944 September 17, 2022, 10:35 am See All Tracking History Text & Email Updates u USPS Tracking Plus@ u Product Information u See Less https://tools.usps.com/go/TrackConfirmAction?tRef=fulipage&tLc=2&text28777=&tLabels=70212720000269613877%2C 1/2 ADJACENT & OPPOSITE OWNERS FOR DANIEL & SUZANNE DIVINEY 400 BAY ROAD GREENPORT,NY SCTM# 1000-43-5-8 SCTM#1000-43-5-7& 1000-43-5-21 Martin&Chiara Racanelli 3505 Vets Memorial Hwy, Suite A Ronkonkoma,NY 11779 ,„r SCTM#1000-43-5-9 RG Rohman Irrevocable Trust JE Rohman Irrevocable Trust PO Box 2096 Greenport,NY 1194 SCTM#1000-43-5-22 Town of Southold PO Box 1179 Southold,NY 11971 SCTM#1000-43-4-40 Donna M. Chinnici 146 Baywoods Lane Bay Shore,NY 11706 SCTM#1000-43-4-41 Tucker Schneck Erin P. Diamond 75 W End Avenue, Apt. P 19E New York,NY 10023 SCTM#1000-43-4-42 Karen D. Cox 1465 Beach Road Greenport,NY 11944 IV14e k/ SENDER�MPLETE THI$i;SECTION CoMpLE7IW,SECTION ON DELIVERY A.'Signature i 4r. m Cdmplete items 1,2,and 3. '6. ; U Agent N Print your name and address on the reverse' ;X <. _0 Coy jel"Addressee, so that we can return the card to you. B. Received by(Printed Name) f Delivery N Attach this card to the back of the mallplece, 0,7 or on the front if space permits. 17EM_1E 163 1. Article Addressed to: D. is delivery address different from item 1? 0 Yes If YES,enter delivery address below: [3 No 4 Karen D. Cox J3. Service Type 0 Priority Mail Express@ 1465 Beach Road U Adult Signature El Registered MalITM 0 Adult Signature Restricted Delivery rl Registered Mall Restricted Greenport,NY 11944 ❑Certified Mall0 Delivery 0 Certified Mail Restricted Delivery El Signature ConfirmationTM U Collect on Delivery D Signature Confirmation —Ifect on Delivery Restricted DeliveryRestricted Delivery "-%qa 7021 27-20: :13002;.,656-1 I.ReitrlctOdbellyery , , i (over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt COP4PLETE THIS SECTIOMON DELIVERY SENDER- COMPLETE THIS SECTION A. Signature ' tu m Complete items 1,2,and 3. E3 Agent 0 Print your name and address on the reverse X 0 Addressee so that we can return the card to you. B. Recel by(Printed Name) C. Date of Delivery U Attach this card to the back of the mailplece, or on the front if space permits. E s D. Is deliv address different from it 1? E3 Yes I. Article Addressed to'. YES, e b r If YES,enter delivery address below: b No Town of Southold 3. Service Type El Priority MaHl ExpressO PO Box 1179 0 Adult Signature 0 Registered MailTM Southold,NY 11971 0 Adult Signature Restricted Delivery D Registered Mail Restricted itified Mail(D DeliveryO'Ci I ertified Mail Restricted Delivery 0 Signature ConfirmationTM 0 Collect an Delivery El Signature Confirmation –; eryRbstrlctdd'Dlelivfy.e : t Restricted Delivery 2. � A SO io it� &Q*- 'e Ir Domestic Return Receipt PS Form 3811,July 2020 PSN 7530-02-000-9053 - TOWN OF-SOUTHOLD ZONING BOARD OF APPEALS Pmn SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING Daniel & Suzanne Diviney (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK Robert E, Herrmann DBA En Consultants .. . , 1319 North Sea Road. Southam4404 ,New..York being,duly sworn;;depose aid say.:that: Iain the (: ") Owner or(:X)Agent.for owner_of the siEbject;properfy On tlie. 28th. day of September 20 :22;I.personally.placed;the:.Town's: y Official Poster on-subject property'.I 'ated at: : . 400 Bay Road., Greenport; SCTM #1000-43-5-8 The poster shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition,the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing o ctober 6, 2022 (OwnerA •nt.Signature) Sworn t before me this 28th Day of September ' 2022 9110 RL. HEP'NECl�� otary Public) N101nA��17 ����II T'A1T E Or. MEW you r101M19H3f 9R No . 501115,93111 Q1WK.11F-'IIED' IN SUFFOLK C.01UPTY EKHRES AUGUST 2 , 2fr �-s DANIEL & SUZANNE DIVINEY 400 BAY ROAD GREENPORT, NY SCTM#1000-43-5-8 c.r a I� ia.aci+L-b.ft a 0.. .�; r-: � � :{ ywaect rrM Mtirc• 6k "`4� t4 F y4, t N twN►ap ..aro .. ar �. woppT i 1 1635306x5-1208-4a9c-b041-3ce7f35a32f8 kimf(usourholdtownny.gov AFFIDAVIT OF PUBLICATION Ib101 The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 6, 2022 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following "IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, OCTOBER 6, 2022: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 10:00 A.M. -PATRICIA AND ARGYRIS DELLAPORTAS #7676- Request for a Variance from Article III, Section 280-15 and Building Inspector's May 10,2022 Notice of Disapproval based on an application for a permit to legalize an "as built" accessory building; 1) located less than the code required minimum rear ya rd property line setback of 10 feet; located at: 7970 Main Road, East Marion, NY.SCTM No. 1000-31-6- 32.1. 10:10 A.M.-DEBBIE SOCARIS,TRUSTEE OF DIANA RETOS FAMILY TRUST#7689- Request for a Waiver of Merger petition under Article II, Section 280-10A,to unmerge land identified as SCTM No. 1000-43-4-12 which has merged with SCTM Nos. 1000-43-4-13, based on the Building Inspector's May 24,2022 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 any time 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 15 Landing Lane, Greenport, NY. SCTM Nos. 1000-43-4-12 and 1000-43-4-13. 10:20 A.M.-JOHN BERNHARD AND JENNIFER MAYE#7680- Request for a Variance from Article III, Section 280-14 and Building Inspector's May 5, 2022 Notice of Disapproval based on an application for a permit to legalize an "as built" 4.5 ft. by 5.7 ft. addition to an existing single family dwelling; 1) located less than the code required minimum side yard setback of 20 feet; located at: 2285 Little Neck Road, (Adj. to Baldwin's Creek) Cutchogue, NY. SCTM No, 1000-103-10-1. 10:30 A.M.- EILEEN KASSCHAU #7681- Request for Variances from Article XXII,Section 280-116A(1) and 2 SOUTHOLD TOWN BD OF APPLS i I f 635306a5-1208-4a9c-b041-3ce7f35a32f8 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times Building Inspector's May 6, 2022, Amended June 22, 2022 Notice of Disapproval based on an application for a permit to legalize "as built" accessory decks and shed located seaward of the top of the bluff, and to construct additions and alterations to an existing single family dwelling; 1) dwelling located less than the code required 100 feet from the top of the bluff, 2)three (3) "as built" decks located less than the code required 100 feet landward of the top of the bluff;3) "as built" frame shed located less than the code required 100 feet landward of the top of the bluff; located at: 5800 Vanston Road, (Adj.to Great Peconic Bay) Cutchogue, NY. SCTM No. 1000-118-1-1.2. 10:40 A.M. - DEBORAH L. MCKEAN AND SHANNON GOLDMAN #7682- Request for a Variance from Article XXII,Section 280-116A(1) and Building Inspector's May 6, 2022, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; 1) located less than the code required 100 feet from the top of the bluff; located at: 100 Salt Marsh Lane (Adj. to Long Island Sound) Peconic, NY.SCTM No. 1000-68-3-11.1. 10:50 A.M.- DANIEL AND SUZANNE DIVINEYquest for a Variance from Article XXIII,Section 280- 124 and the Building Inspector's May 9, 2022, Notice of Disapproval based on an application for a permit to demolish existing dwelling and construct a new single family dwelling; 1) located less than the code required minimum front yard setback of 35 feet; located at:400 Bay Road, (Adj. to Gull Pond Inlet) Greenport, NY. SCTM No. 1000-43-5-8. 11:00 A.M. -1670 LEETON DRIVE, LLC/CARRIE MEYERS#7692- Request for Variances from Article XXIII, Section 280-124 and Building Inspector's April 4, 2022,Amended May 24, 2022 Notice of Disapproval based on an application fora permit demolish seasonal dwelling(as per Town Code definition) and construct a single family dwelling with attached decks; 1) located less than the code required minimum rear yard setback of 50 feet; 2) more than the code permitted maximum lot coverage of 20%; located at: 1670 Leeton Drive, (Adj.to Long Island Sound)Southold, NY.SCTM No. 1000-58-2-7. _ 1:00 P.M.- NORTH FORK PROJECT, LLC#7687-Request for a Variance from Article XIII, Section 280-55A and Building Inspector's May 22, 2022, Notice of Disapproval based on an application to legalize the Use of "as built" construction of a new garage used for storage, at; 1) accessory structure does not constitute a permitted principle use or specially permitted use; located at: 5775 West Mill Road (Adj. to Mattituck Creek) Mattituck, NY. SCTM No. 1000-106-6-4.1. 1:10 P.M. - NORTH FORK PROJECT, LLC#7688- Request for a Variance from Article XIII,Section 280-55A and Building Inspector's May 24, 2022, Notice of Disapproval based on an application to legalize"as built" construction of a new garage used for storage, at; 1) located less than the code required minimum front yard setback of 35 feet; located at: 5775 West Mill Road (Adj.to Mattituck Creek) Mattituck, NY.SCTM No. 1000-106-6-4.1. 1:20 P.M. - PETER AND GRETCHEN LANG#7663—Request for a Variance from Article XXIII, Section 280- 124; and the Building Inspector's January 18, 2022 Notice of Disapproval based on an application for a SOUTHOLD TOWN BD OF APPLS 3 r i i 635306a5-1208-4a9c-b041-3ce7f35a32f8 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times permit to construct a front porch attached to an existing single family dwelling; at; 1) located less than the code required minimum front yard setback of 35 feet; located at: 865 New Suffolk Road, Cutchogue, NY. SCTM No. 1000-109-7-3. 1:30 P.M.—CUTCHOGUE FIRE DISTRICT#7693- Request for Variances from Article X, Section 280-46 and Building Inspector's May 11, 2022 Notice of Disapproval based on an application for a permit demolish (as per Town Code Definition) and reconstruct a firehouse; 1) located less than the code required minimum front yard setback of 25 feet; 2) located less than the code required minimum rear yard setback of 25 feet; 3) ) more than the code permitted maximum lot coverage of 40%;4) less than the code required minimum landscape area of 25%; at: 260 New Suffolk Road, Cutchogue, NY.SCTM No. 1000-102-6-5. 2:00 P.M.-JOHN SMYTH AND MARGARET SMYTH #7678—(Adjourned from September 1, 2022) Request for a Waiver of Merger petition under Article II,Section 280-10A,to unmerge land identified as SCTM No. 1000-109-2-13.3 which has merged with SCTM No. 1000-109-2-13.4 and/or 1000-109-2-13.6, based on the Building Inspector's May 10, 2019 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 any time 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 26745 Route 25, Cutchogue, NY. SCTM Nos.1000-109-2-13.3, 1000-109-2-13.4, 1000-109-2-13.6. 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?dbld=0. If you have questions, please telephone our office at (631) 765-1809, or by email: I<imf@southoldtownny.gov. Dated: September 15, 2022 ZONING BOARD OF APPEALS 53095 Main Road (Mailing/USPS) LESLIE KANES WEISMAN, CHAIRPERSON 54375 Main Road (Office Location): By: Kim E. Fuentes P.O. Box 1179,Southold, NY 11971-0959 SOUTHOLD TOWN BD OF APPLS 4 ' i I 1 / � I 635306a5-1208-4a9c-b041-3ce7f35a32f8 I<imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, The undersigned is the authorized designee of The Suffolk Times, a Weekly Newspaper published in Suffolk County, New York, I certify that the public notice, a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: September 29, 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. VNI Signature Eliot T. Putnam Printed Name Subscribed and sworn to before me, This 05 day of October 2022 Notary Si nature MARY BETH ALESCIO WALLING NOTARY PUBLIC,STATE OF NEW YORK Registration No, OIAL5056219 Qualified in Saratoga County My Commission Expires March 04,2026 Notary Public Stamp SOUTHOLD TOWN BD OF APPLS 1 ' I ubk Karen Cox 1465 Beach Road Greenport, NY 11944 TO: Town of Southold Zoning Board of Appeals a\5 RE: Daniel and Suzanne Diviney, 400 Bay Road, Greenport Dear Board Members: I, Karen Cox, am the owner of property known as 1465 Beach Road in Greenport which is located across from the property owned by Daniel and Suzanne Diviney, known as 400 Bay Road, Greenport. I understand that Mr. and Mrs. Diviney are seeking variance relief from the Board that would allow them to rebuild their home at the same distance from the road as their existing home, as depicted on a site plan prepared by Robert 1. Brown Architect, P.C., dated June 2, 2022, which was provided to me. I am writing to advise the Board that I support and have no objection to this variance request, as the newly constructed home would not adversely impact the use and enjoyment of our property or neighborhood. Sincerely yours, Karen Cox tD Martin Racanelli 460 Bay Road Greenport, NY 11944 TO: Town of Southold Zoning Board of Appeals RE: Daniel and Suzanne Diviney, 400 Bay Road, Greenport 7ED6 Dear Board Members: Zonin I, Martin Racanelli, am one of the owners of property known as 460 Bay Road in Greenport which is located adjacent to the property owned by Daniel and Suzanne Diviney, known as 400 Bay Road, Greenport. I understand that Mr. and Mrs. Diviney are seeking variance relief from the Board that would allow them to rebuild their home at the same distance from the road as their existing home, as depicted on a site plan prepared by Robert I. Brown Architect, P.C., dated June 2, 2022, which was provided to me. I am writing to advise the Board that I support and have no objection to this variance request, as the newly constructed home would not adversely impact the use and enjoyment of our property or neighborhood. Sincerely yours, ,4 Martin Racanelli BOARD MEMBERS OF S0 Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179 �� l® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CA Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento Cou Ti Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 6, 2022 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following "IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, OCTOBER 6, 2022: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/aqendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 10:50 A.M. - DANIEL AND SUZANNE DIVINEY#7683- Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's May 9, 2022, Notice of Disapproval based on an application for a permit to demolish existing dwelling and construct a new single family dwelling; 1) located less than the code required minimum front yard setback of 35 feet; located at: 400 Bay Road, (Adj. to Gull Pond Inlet) Greenport, NY. SCTM No. 1000-43-5-8. 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@southo/dtownny.gov. Dated: September 15, 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 4 Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 Southold, New York 11971-0959 Q7 Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: September 1, 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 October 6, 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. t-e—low-;—please—.see-.i—istr-u-c't-o-i—s:required to'prepare_;for-the-ZB—A public-heating which includes: _ ,f!LE EA"RCAREFULLY. 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 September 28, 2022.. To avoid weather damage to jour sign please affix it to a sturd",surface such asp -Ivi ood. V If your sign is damaged please call the office and we will provide jou with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your properly. If a Board member reports that there is no signage visibly on display as required by law,your scheduled hearing will be adiourned 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 along with the mailing receipts and green cards by September 28, 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 Receip 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 September 15,2022. 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@southoldtonM.gov or elizabeth.sakarellos@,town.southold.py.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 ht!p:HsoutholdtoMM.gov/DocumentCenterNiew/8779/FinalRoII2021-Amended IMPORTANT INSTRUCTIONS: ' Scan:jand email the,USPS mailing receipts, green signature.cards And,-affidavits to ' f cisoutholdtownny.2ov,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 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason,you are unable to prepare for your public hearing as instructed, please let us know. Kim E. 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Home Browse Search TownCfSouthoio}Zoning Board csApaeals(3DA)>Board Actions Pending Pending Name - A Entry rProperties `""-` '-"""' ""-- =�,l 9025 MAIN ROAD LLC,CARDINALE CRL REALTY-Withdrawn aPath _ ;)EMCAP SO 1 LLC }�"-A'c's.:Kl:^.�v`.a`^�'��~i'�,iF.'r s:'frt'1•!J)�' yji�; �).A{iz£:r,;F;;x`na�•.ai A PECONIC RECYCLING TRUCK `�-•'tip s"j THE ENCLAVES Creation date 312312(3%7 11:36:07 A, #7370-Freud 1000-125-6-b #7379-Solutions East 1000-13-3-1 Last modified 6!9/2026 3:55:58 Ptv1 #7383-Spiller 1000-59-5-8.3 R tvtetadata #7384SE-HNF Resorts,Mydon Resorts-Campground-1000-40-3-5 , -- t, #7385 SE-Fried 1000-50-1-13.1 Pio metadata assigned #7386 860 Bayview Drive-LLC 1000-37.-5-10.1 #7387 Hard Corner 1000-61-4-1 #7387 Hard Corner-SITE PLAN-.Arch Plans 1000-61-4-1 Lj#7388-Minton Irrev.Trust 1000-128.-2-20 #7389 Benic i0fl0-77-1-4 ' 87406-Kappa 1000.88-1-1.5 Page I of i Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is http://24.38.28.228:2040/Weblink/Browse.aspx?dbid=0 i Laserfiche Instructions ZBA Files Page 3 Laserfiche WJebLink np.waoun;I He;9 I About I splOut Home Browse Search Tow11Cf5outhoid>Zoniog Board&APpeale(ZEA) Board Actions Board Actions Name page count Template name 1957-1979 Entry Properties ` ,960.1999 Path 2000 Tzr:a10f5outhold;Zoning Board -.. of Appeals C7-6;a\Slard ncho;n ."2001 Creation date f-2002 %110/:'1101 I::'<i:55FM 2003 Last modified ��-2004 '92&x2017 1136.07 AlO C.2005 s Metadata I'2006 NO metadata a2l,Sned 2007 2006 2009 &Results t::2010 iltlu'pap-smeaFUses2; �-2011 2012 C 2013 2014 2015 i 2016 C-.2017 LVi pending :r;.heeRhfnec9nllrea2'VPap.s:nea.-:L'se_ o .z t r a ..._...__ Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". 1— 510-e SiarN rwm015euzhN7>T.xtirq S-0OWr—, 12PAII P-1,4 std— 201% 2017 •+ama cage count remplan name Entry Pr00ea- rs 5683 367 Boats A<B9ns --- 'L f973 76 Boats Ktmri PaOs i_t 6997 9b B—d— ':f:1.cc•:.k.(.:f•1ahC0ar.s .^t 7001 fW 6aaM Mlons 0r 70 r;:009 ee eeeM Aa ona —11.ndete 3 Son 7s 8—d Amort .^rh;%9'10:17 RM Lda[IswElflea 1, 95 ewra Kueau Cr'!i<'J'%�'�C:I hRi �101J IIb Beets Agbns =i JO15 8) nz C Me[ada a ::d— d- 70,9 :d- 7018 83 B0a•tl Fctbnz tW n,e;ryvJ:sK"-s! �]Osi :0 09aMKuem :.7:019 56 Bw•tl anions 7019 1. aoaM K[mns +!„'.•'020 sa ...dAnions ��7031 b9 BOJMARions s 7011 75 B9aM Att:9�u ,'%01J 335 BoaM:.mOni 'kj 10iJ ee BaM.KteM 2 i02s 11s eoa•a Koons .26 73 s.m-ions `.1%7 90 Boe•tlAnions y 7013 f3 -d Aa ort E}:019 3 Boats Roma �+'�0'U1c[ J v/vrn a•r nM Above: See listed File Numbers. Click on file you are searching. Laserfiche Instructions ZBA Files Page 4 ca,hel Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. Laserfiche Web Link wsncl M Home Browse Search C.stOmILe Seard. 0 sort re5uly by' Relevance v Retards hlanayement Saarth a =j 7016 Reid nerve Board Actions-83 pageis) - 01—e ii ld I, Page count:83 Template name:Board AChon5 Reset °age 3...:Colin and Kristen Cashel PROPERTY LOCATION:162 Lower Shingle Hill, Paee....19.2017 97016.Cashel SCTM No.1000-9.1.26 minimus approval to remo- Page 5...y 19.2017 97016.Ceshel SCTM No.10009-t-26 GRANT,the varlances as... 5eerch terms P32e 9...COLIN&KRISTEN C!-SHEL SECTION 009 BLOC nage 20...Thomas AhlgrentCashery.PO Box 342 Fishers IS:ancLNY... 5 show more Information... 7018 0oard Actions-56 page(s) Page count:56 Template name:Board Actions Page 48...9:30 A.M:COLIN CASHEL ANO Variances under Artide W.Section.ANN... +'age 43—rice(S)KRISTEN CASHEL47016-Request proposed trett s located in other the... v Show more information... Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.4-1. Laserfiche Webl-ink ra!•Webun:I ueip::-bout r sl; Home Browse Search TrnmGfSouthold>Zoning Board of Appeals(ZBA)>Mlnutes/Agendas/Legal Notices/Hear;ngs Minutes/Agendas/Legal Name Pagecount .Template name, Notices/Hearings ;^19574979 R EntryProperties I980-1999 2000.2009 Path TownOf50utholdI ng Beard -2D]o of Appeal, E::;2011 (28AIV.hnutes'�gen�avtegat Y.lires4lram� 2072 Creation dd Ce "'-013 7/"nP_UO1 2:S i:o:PIA ,^'-2014 Last modified -_-_.2015 17'7 6+207 G 3^S.t4 Pfvt 2016 z Meladata -201; NO met4data assigned page I of I t t Ertl „_-�.,, _ ♦..uv:�...i_F_.:c•n:x::•.L-sol•fat':�ieL'"�D':� r..v.,- Above: Also, Minutes,Agendas, and Hearing Transcripts can be viewed. Laserfiche Instructions ZBA Files Page 5 LaserHche WebLink o laywebUrk I Help i,mom 1 Home Browse Search rOwnCifSouthofd>Zoning 3.ard of Appeals(Z5A)%hlinutes/Agendas/Legal Notices/Heanngs>2017 2017 Name Page count Template name 9 EntryProperties ZBA-01/052017 7 ZBA-01/05/2017 Agenda 4 Path ZBA-01/05/2017 Hearing 40 TOwm(7tSoutholNZon1n8 Board Of Appeals d ZBA-01/052017 LN 3 (Z3A)VAlnuteVAgendasSleeal ZBA-01/19/2017 2 NotrCas✓Heat ng5\2U17 Creation date t:1 ZBA-01/19/2017 Agenda 2 12i 1612016 2.,15:1,4 Ph1 .G ZBA-02/02/2017 7 Last modified ZBA-02/02/2017 Agenda 4 611900174:53:59 Phi ZBA-02/02/2017 Hearing 45 A Ivletadata j ZBA-02/02/2017 LN 3 ZBA-02/16/2017 Agenda 3 NO me[adato-assigned ZBA-02'16/2017 Special 3 :edure&Results ZBA-03/022017 7 mrhealthJpap_smear-Uses21 u ZBA-03102/2017Agenda 4 ZBA-03/02/2017 Hearing 65 „j ZBA-03/02/2017 LN 3 ZBA 03/16/2017 Agenda 3 �.j ZBA-03/16/2017 Special 3 .,�ZBA-041062017 5 L.i ZBA.04/062017 Agenda 4 ZBA-0&106/2017 Hearing 45 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 Westermann, Donna From: Westermann, Donna Sent: Tuesday,June 14, 2022 8:08 AM To: 'Robert Herrmann' Cc: Stephens, Kim Subject: RE:Application 1WW Hi Rob, Yes, I have ever hiI need for the application—I processed it yesterday and you are on for October 6. If you could e it the �ng ectpage to me, I will opy and replace. Just so everything is in orderj afp Thanks for letting me w. — C Donna From: Robert Herrmann [mailto:rherrmann(abenconsultants.com] Sent: Monday, June 13, 2022 5:53 PM To: Westermann, Donna Cc: Stephens, Kim Subject: Application for Diviney Hi Donna,two things regarding our Diviney application: 1) Just want to confirm that on Friday you received both our application package and the plans separately from Robert Brown? 2) I realized today that I answered question"H" incorrectly on the Application Questionnaire,as the applicants of course own the bayfront parcel,1000-43-5-23,that is separated from the subject property by Gull Pond Inlet. So actually"Yes," they do own property nearby. Can you notate that on the application or would you like Kim to email over a replacement page? Rob Robert E.Herrmann,MEM Coastal Management Specialist En-Consultants 1319 North Sea Road Southampton,NY 11968 Phone: 631-283-6360 Fax: 631-283-6136 Email:rherrmann@enconsultants.com www.enconsultants.com ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 NuTl �. t ur w ;INS le following application will be heard by the Southold Town E oard of Appeals at Town Nall, 53095 Main Road, Southold: le application will also be available VIA ZOOM WEBINAR= Follow linkmhttp://southoldtownny.gov/calendar NAME : DIVINEY, DANIEL & SUZANNE #7683 SCTM #m. 1 000-43-5-8 ' VARIANCE: YARD SETBACK REQUEST: DEMOLISH EXISTING DWELLING AND CONSTRUCT NEW SINGLE FAMILY DWELLING DATE : THURS . OCT. 61 2022 10 : 50 AM You may review the file(s) on the town's website under Town RecordslWeblink: ZBAIBoard Actions/Pending. ZBA Office Telephone (631 ) 765-1809 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �S°�� ®���� 53095 Main Road • P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. aO 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®�e��®JNTI Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 •Fax (631)765-9064 June 13, 2022 Mark Terry, Assistant Town Planning Director LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex J(JN Southold,NY 11971 3 2p�2 °Ut o Re: ZBA File Ref. No. #7683 Diviney, Daniel & Suzanne p�dnn/ng eon° an Dear Mark: We have received an application to demolish existing dwelling and construct a new single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. -• ,Your written evaluation with recommendations for this proposal, as required under the )ti • .ode procedures of LWRP Section 268-513 is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: &LA) Encl. Survey/Site plan: Rob Brown, Architect, dated June 2, 2022 BOARD MEMBERS �F 30 Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 l0 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • aOQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento OMNI Southold,NY 11971 http://southoldtowmy.gov ZONING BOARD OF APPEALS June 13, 2022 TOWN OF SOUTHOLD EJI u Tel.(631)765-1809•Fax (631)765-9064 Ms. Sarah Lansdale, Director ` Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #: 7683 Owner/Applicant: Diviney, Daniel & Suzanne Action Requested: demolish existing dwelling and construct a new single family dwelling Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Ch irperson � � By: Encls. Site Plan/Survey: Rob Brown, Architect, dated June 2, 2022 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��d �� � - 53095 Main Road •P.O.Box 1179 �® <0 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 ��00m, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD October 25, 2022 Tel.(631)765-1809 Robert Herrmann En-Consuiltants 1319 North Sea Road Southampton,NY 11968 Re: ZBA#7683, Diviney 400 Bay Road, Greenport SCTM No. 1000-43-5-8 Dear Mr. Herrmann; Transmitted for your records is a copy of the Board's October 20, 2022 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Be sure to submit an application along with a copy of the attached determination to the Building Department. Pursuant to Chapter 280-146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply 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, �—�11 Kim E. Fuentes Board Assistant Encl. cc: Building Department 4 10 3 ts� � SSC N0.036 2.13 RMATCH LINE VB 5 Q Kt. 1.OAlr1 .IZ.... _.�, .._..__Tx... j TOWN OF TOWN OF SOUTHOLD SOUTHOLD '7 ^'L g AI �a 1.2A(o) b / y / / 7 / K a 3 I 4 �.' i (var.width)12 p, TIFF 13 � 1 I .. 27 13 16 8 20 S 2131 2m8 TOWN OF SOUTHOLD"tFI 30.1 35 2 15 253; 8 31 7 110 252 $ � G 32 Q j Z 4 ' O m a 11 37 Z 5 O 19 s . 17 n. s 28 ._ m 38 6 d'F" 20 (ver.wkroh) 7 G� 21 =.. 70 -22 GARDINERS BAY 23 77 sF A I�f- STATE . NEW 13 O •-�W 64.5./ll i YORK 413 - rvvoemv.rNr I� 1 _e^ 2Ifto wur. ti M 44 8 4--=� 1� 131 -Lit J ►✓'1 �► ' Elavt 2.74 y DL w 1� s 2.1A(c) a 15 h N 315_SE2 if 14.1 24) N M. M0 0 pTRICi NO 1000 SECTION NO COUNTY OF SUFFOLK © NOTICE e Real Property Tax Service Agency AW NTE 7ANCE,PLT13AT0N SALE OR v ;. w C,STRIBUr10N OF ANY PORTION OF 717E TOWN OF SOUTHOLD 043 300(enter Deis,kw rhe J,,,Nr 11901 / SUFFOLK COLWrY TAX ASAP IS FROF+811'E{I A WITH WRITTEN P6A660N OF THE p ,�,- ___.. _. ,ao w 0 .ao FF-I $ REAL PRCF7RTY TAX SBWK;E(4fDWY ON VIV,aE OF