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HomeMy WebLinkAbout7715 7t� Hall � Oct Of Pbt- 11;/S Sound Ave. Mattituck, NY ROBERT ENTENMANN 7 _ #3�0o FILED: 12/16/83 Area & width of Parcel 1 CA — l p 11 84 4255 Private Rd . #10 112 Hallock Lane 01 Mattituck , NY004 J . D . Pi ex CRa #3431 renovation to exceed 50% fair market value 11/14/8.5F � 2. is. // 7- - s ��/iz�F S- t��� � #3433 ( i.e P 11/21/85 280A f° °� �es,5 Jaz ✓ � J J Owner: Harbes Family Estate LLC File M 7715 Address: 715 Sound Ave Code: 18RL Agent Info Dr. Dominick Morreale 20 Highland Avenue St. James, NY 11780 Phone: 631-838-8576 Fax: Email: dr.dommorreale@optonline.net OFFICE LOCATION: AIJA.TLING ADDRESS: Town Hall Annex *0 S®�j� P.O.Box 1179 54375 State Road Route 25 ®� ®�® Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1809 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS OC G 1'ggAm Town of Southold 1 9 2022 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 15, 2022 ZBA FILE: #7715 NAME OF APPLICANT: Ilarbes Family Trust PROPERTY LOCATION: 715 Hallock Lane(Adj. to Long Island Sound)Mattituck,NY SCTM#1000-112-1-7.4 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated August 24, 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 (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated November 22,2022 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 conforming 187,308 sq. ft., 4.3 acre water front parcel located in an Agricultural Conservation(A-C)Zoning District. The parcel has an irregular shape and consists of a private road known as Hallock Lane. The parcel has 75.33 feet of bluff frontage along Long Island Sound runs 889.72 feet on the West side and runs 381.43 feet on the South side. It runs 175.00 feet on the East side, then turns and runs 317.09 feet on the North side,and finally turns and runs 686.83 feet on the East side back to the Long Island Sound. The remaining part of the parcel is a private road known as Hallock Road which runs to Sound Avenue. All is shown on a survey prepared by Kenneth W. Woychuck, L.L.S. last revised September 23 2022. BASIS OF APPLICATION: Request for a Variance from Article III, Section 280-15 and the Building Inspector's July 15, 2022 Notice of Disapproval based on an application for a permit to construct an accessory pool house/shed upon residential property; at; 1) located less than the code required minimum side yard setback of 25 feet; at: 715 Hallock Lane(Adj. to Long Island Sound)Mattituck,NY. SCTM#1000-112-1-7.4. RELIEF REQUESTED: The applicant requests a variance to build a pool house located 3 feet from a side yard property line where town code requires a minimum of 25 feet side yard setback for an accessory structure/pool house. Page 2,December 15,2022 #7715,Harbes SCTM No. 1000-112-1-7.4 AMENDED APPLICATION: The applicant on December 6, 2022 (not dated, signed and sealed) submitted a plan adding an outdoor shower to the proposed pool house. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 1,2022 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 V67-b(3)(b)(1). Grant of the variance will not produce,an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is'a mixed neighborhood consisting of agricultural parcels and single-family homes. This subject pool house is located off of a private dead-end unpaved road that will not be visible from a public street. The proposed pool house location is heavily screened by vegetative plantings and landscaped garden beds on the adjacent property and in proximity to the existing driveway of that property and. will not be visible to the adjacent or other propertied along the private road. 2. Town Law&267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant could build the pool house in a code conforming location. However, the location of the septic system makes it difficult to run the water line to the pool house while meeting Suffolk County Department of Health requirements for the distance between the water line and the septic system. 3. Town Law§267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 88% relief from the code. However,the parcel is setback far from a public street and the subject lot is one of the last houses on this private road. Additionally, the proposed pool house is in actuality a storage shed with half bathroom and an attached outdoor shower and will adversely affect any nearby properties 4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law X267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a pool house while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Dantes, seconded by Member Lehnert, and duly carried,to GRANT the variance as AMENDED and shown on a survey prepared by Kenneth M. Woychuk, LLS, last revised September 9, 2022; and Architectural Plans prepared by Island Design Building Corp. (not signed and sealed) received on December 6, 2022 Page 3,December 15,2022 #7715, Harbes SCTM No. 1000-112-1-7.4 SUBJECT TO THE FOLLOWING CONDITIONS: 1. The pool house shall not be used as habitable space. 2. The applicant shall submit dated, signed and sealed Architectural Plans. 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/ora 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 REOUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Acampora, Planamento and Lehnert. (5-0) i Nich 1 namento, Vice Chair Appro e for filing 4 Ll/ �� /2022 S.C.T.M.# DISTRICT 1000 SECTION 112 BLOCK 1 LOT 7.4 & 7.5 ED #R-20-0779 SOJJNDi RlC ''�ASD _ SEP 2 3 2022 ISLMATCH NE I L ___ a 1.4 76 3�, 1 u \ A -' To OF BLUFF r JO I r"••. / \I 0f BCU _ neo•-- 1 � r �G ,� 'o or r r= r � o \98 w � cT� � FINAL MAP \ REVIEWED BY ZOA yetSEE DECISION #�Jj �\ DATED (k / 5 / �0 \ I W/wELL WATER �, \\ �. �„ '4 9e� 10- PROPOSED \ 1 �'J d O a / 9.6'x15s' `� TYPICAL DRYWELL CROSS SECTION wcA/sANA \\ \ ur / '� \�' MAF' OF HARBES�MATTITUCK FARM• LLC �p (CONC. PRECAST COMPONENTS) FILED APRIL 29, 2003 LOT 2 6" SLAB FOR NON-TRAFFIC BEARING It R10 I 8'SLAB FOR TRAFFIC BEARING 32' $'�:. \ / I '5.7.!e DIJTY APPROVED INLET PIPE CAASTy1 NRoN FRAME AND APPROVED OUTLET PIPE \ P/O LOT 1 / / DWE r NG MMT..4'DILL. COVER TO GRADE TO EXPANSION RINGS �4t— S 71st 1flO0-T T2-t-i.; / PITCHED 1/8-/1' UN. #`DIA. \ 4.3 ACRES / / �] w/wELL WATER �o�\ PITCHED 1/8%1' ZONED R-�IG 6 ® ❑ ❑ ❑ ❑ ❑ ZONED , o•. `\ \\ // fes'"' '/� a ❑❑ SO So 'gNpk am . AW ................. ............. 9e I a LAND N/F OF . /r 94 I J' (111p,'t06 STATE OF NEW YORK ( / / 0�/ 6 / VACANT r/ J'90ap PARK AREA r / 0 / 150' / trat - / s2 '.�.X, / 3* MIN. ' V150, /ACANT � // P/o LOT 1 /�r j COLLAR 8 MAP OF HARSES MATMUCK FARM, LLC BACK FILL MATERIAL TO BE ♦ / too #10940 90 i / CLEAN SAND AND GRAVEL FILED APRIL 29, 2003 LAND N/F OF 88 /r HARSES FAMILY ESTATE LLC Be 6j TOWN OF SOUTHOLD (DEVELOPMENT RIGHTS) 22.0 ACRES 84.- VACANT arVACA S AGRICULTURAL G ICULLL RAL LAND 0 DRAINAGE CALCULATIONS: IC -y rr PROPOSED HOUSE W/COVERED POCHES=4124 SQ.FT. Q PROPOSED GARAGE?805 SQ.FT=685cf REQUIRED S7¢o03 30u 805 x 0.166=134cf REQUIRED TOTAL: 819cf REQUIRED `r6rOU9' (2) 1 O'DIA x 6' DEEP DRYWELLS=821 cf PROVIDED S�O'�� 2" PROPOSED 1450 S.F. DRIVEWAY EXTENSION 1450 x 0.166=2410 REQUIRED os's NNS (1) 8'DIA x 6' DEEP DRYWELL=265cf PROVIDED o � M � TYPICAL SILT o SCREEN SECTION GEOTEXTILE FABRICSUPPORT ' WOOD OR pMETAL FLOW DIRECTION <� a�D o EXCAVATED AND Ww BACKFILLED TRENCH EXISTING GROUND w, :-01 r =I L I�IJ � fill 11 fill 11 11 I I I I:� 11—I I 11 I I—i 11 t IJ I I_ Z'NNINUN � O +ice WELL CONSTRUCTION DETAIL 1 "=40' f R-20-0779 � w DWELLINGS >0 00 W/WELL WATER ►--3 ';RR P'f cvk OO \ pRiJ 96 I x \\ �, y� GRA�JE1. 11 SILT FENCE r PROPOSE G'.p \ 1 31'� ' 8.50' 426.85 ! lo, 9 WELL 9LFf \\ � N 89053'00"W 00 r /i9$ FFL(101.5 %DR�35 PVC PIPE PITCH � / FENC 114 RUN / \ � •. "-—/ 511.1 r C•fJ OLEAN OUT AT 53 LF MN.94.2 �O ,� 1� 4� U.P. r' C, o�� SOUND /SEPTIC TANK INV. 91.0 130 / W N 0 6 �c>< I - l / • 1 25.0 'F3 \ L x of F� SAY I P / p00\- :.. \� PSpNP�-T O¢`v 100 i O to SEPTIC LOCATION o ..off � ,RAN � / . I POINT"A" POINT"B" \\ w.. °° 153 BER0 ! REB S.T. 21 32.5' ,102-- �� �': _ 1 / U.P. P/O LOT 9 57 P 2 LRO GAS ZONED0. ZONEDAC 10� - DRY !�S SEI�Sowu WATER LINE j \ U m C.° :1@'�c6\ 1At8gtIYfNN 10'b11N FROM SEPTIC LAME $ STONE TERRAC ACK / , .If aw i Scn ET OND o " v �J� o DRY WELL v v1 1 ><N� uE �� o 9 _ 10� X�EEt� t ,N PSN / f / s '2.::: :. i MP 7 BEDROOM SYSTEM Q- I ` SILT FENCE ALONG oma::::...\...... :::\. 4::. �-�- 2000 GAL S.T. 10 4x4 EFF.DEPTH 8 �::• PROPOSED LIMIT / I g0 `e: :::::: .........\ OF DISTURBANCE t �r....:...... (2)10'vix8'DEEP L.P. � •.•.•:.z� .. ..X•:•:':•'••:':•:•"•. LOW IRON 10 :•:•:• / DRY WELL / /'00p I / �S� o- 1S •j,•1 II w DEE�I / p,R�/ r ELEV. 94.0 B I 0 / / I I / vN / , ► � r w OR BROWN 96NDY LOAM / a0o0NS/ -� Go N —2 BROWN g4 SM LOAMY SAND / ��'--106 /// / ��OPMi 6S — 5 i WELL / /.� / ��1 98 � PALE `•, wPS�R - �%,,.. // '"'/ P/0 LOT 1 BROWN `•- -'- E FE / MAP OF HARBES MATTITUCK FARM, LLC MEDIUMSP SAND \\ // ///�Q/5T/w\R // #10940 oy VACANT // .� 1 fl r FILED APRIL 29_, 2003 N TYPICAL CLEAN OUT 50 VACANT LAND N/F OF SLATE OR 100/ 150 HARBES FAMILY ESTATE LLC' °' SUITABLE COVER N STOPPER END /OR PLUG TOWN OF SOUTHOLD DEVELOPMENT RIGHTS / REVISED 09-23-22 S.C.T.M.#1000-1 12- 1 -7.5 NO WATERPOOL HOUSE WATER LINE 09-02-22 _ REVTSED SEPTIC LfNE 07-27-22AVANT - AGRIe LTUI A LAND McDONALD GEOSCIENCE i7 30' ELBOW ADD CABANA/SEPTIC 06-06-22 NO STRUCUTRES SEPT. 2001 so• WYE SEPTIC LOCATION 05-18-22 AS SHOWN ON FILED MAP ADD PROPOSED POOL 01-31-22 00, a, FLOW'- FOUNDATION LOC. 12-14-21 5\9' o rn .9 0 as a, UNAU7140RIZM ALTERRAWN OR AD&TION TC} THIS SURWY IS A HALATION OF SECTION 7209 OF 114E NEW YORK STATE EDUCARON LAW COPIES OF 714/S SURVEY � 4-- MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN a ap, ��AS ONLY TO THE PERSON FOR WHOM 7HE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77TU77ON `ra `?.� 6``\0 LlS1ED HEREON, AND TO THE ASSIGNEES OF THE LENDING INS777U770N, GUARAN7EES ARE NOT TRANSFERABLE. j col 5640 a� THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE ° NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE EREC71ON OF FENCES, ADD17701VAL S7RUC7URES OR AND OTHER IMPROVEMENTS. EASEMENTS 2 0� AND/OR SUBSURFACE STRUC7VRES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 77ME OF SURVEY CP ro= SURVEY OF: P/0 LOT 1 CERTIFIED TO: HARBES FAMILY ESTATE LLC; ZONED AC ate- uAP OF- HARSES MACK FARM, LLC FRONT SETBACK: 60'MIN V� SEP FILED: APRIL 29, 2003 No.10940 REAR SETBACK: 75'MIN 2 202 SIDEYARD SETBACK: 20'MIN, 45' TOTAL SITUATED AT: MATTITUCK TOWN OF: SOUTHOLD KENNETH M lPOYCHUK LAND SURVEYING, PLLC THE WATER SUPPLY. WELLS; DRYWELLS AND CESSPOOL LOCA77ONS SHOWN ARE FROM RELD OBSERVA71ONS SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design AND OR DATA OBTAINED FROM OTHERS: P.O. Boa 153 Aquebogue, New York 11931 „ > � f & PHONE (831)298-1588 FAX (831) 298-1588 ELEVA77ON DATUM,• NA\/D88 MATCH UNE FILE 11220-15 SCALE: 1 =8O DATE:FEB. 15, 2020 N.Y.S. USG NO. 050882 ---------- `----- I UTDOCI `O �6HOWEfj I POOL5TORAGE W T ETa Icu r 4 I d� N N 2-1 91 s 51" z r-z" ®�(��� a1 U) O FLOOR PLAN a0 1/4"=1' N N RIDGE 0 11.5' O ^^L -� 1- �I7 L_ —T-L,(_ J_- --_ - � i.-�� y L Z TOP OF 5U5FLOOR Vj 0' Y�r�r-r - -- W it 00 EAST ELEVATION SOUTH ELEVATIONZ UO NORTH ELEVATION 1/4"=1' 1/4"=1 1/4"=1' J Nm L,—c4 c- 71 Sc BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ®� ®(/�� 53095 Main Road• P.O. Box 1179 Patricia Acampora ®� ®�® Southold,NY 11971-0959 Eric Dantesa Office Location: Robert Lehnert, Jr. Town Annex/First Floor ® Nicholas Planamento 54375 Main Road(at Youngs Avenue) Y ® c®UNTi Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD March 21, 2023 Tel. (631) 765-1809 Dr. Dominick J. Morreale 20 Highland Avenue Head of the Harbor, NY 11780 Re: Harbes Family Estate, File #7715 715 Hallock Lane, Mattituck SCTM No. 1000-112-1-7.4 Dear Dr. Morreale; We are in receipt of your correspondence, dated March 7, 2023, informing our Board of changes your client would like to make to an approved pool house/shed (ZBA#7715), and documenting same with the submission of"preliminary drawings and illustrations" unsigned and undated. In your letter you inquire as to whether these changes would require the Harbe's family to seek approval for another variance. The original December 15, 2022, approval was for a pool house/shed, located 3 feet from the side property line, measuring 9.5 feet by 15.5 feet (147.25 square feet)for pool storage, half bath and outdoor shower subject to conditions that the pool shed not be used as habitable space, and requiring the applicant to submit to this office dated, signed and sealed architectural plans. Please note that the decision also stated that the approval granted would not be deemed effective until the required conditions were met. To date, no signed and sealed Architectural Plans have been received. The preliminary drawings for the new design, received on March 10, 2023, (undated, unsigned), depict a much larger roofed over pavilion type structure with a seating area, a fireplace with a mounted television, a built-in barbeque, a half bath, enclosed seating/dressing area, and an interior shower, all measuring 350 square feet, located at three feet from the side property line where the code requires a minimum of 25 feet. Although the Board of Appeals can substitute new plans for those that were previously approved for very slight changes, called a de minimum approval, upon review and discussion of your submission at the ZBA March 16, 2023 Special Meeting, the Board unanimously agreed that your request is not de minimus in nature. Not only is the new proposal radically different in design, it is much larger and now includes a shower that is accessed from an interior space which is not permitted by code. Consequently if you wish to proceed with the new design, you will need to apply to the Building Department for a re-evaluation with a new set of architectural drawings showing the final plan and elevations, signed and sealed by a licensed design professional such as art architect or engineer, and an updated survey showing the proposed location for the larger accessory structure signed by a licensed land surveyor. A Notice of Disapproval will be issued and you may submit a new application for variance relief to the Zoning Board of Page 2,DeMinimus Denial Harbes Family Trust, SCTM No. 1000-112-1-7.4 Appeals. We can then schedule a public hearing for your client. In the alternative, the Harbes family can relocate the new design to a code conforming setback in their rear yard and apply to the Building Department for an as of right building permit. Please do not hesitate to contact our office with any questions or concerns. Sin y, 1" Leslie 'anes Weisman Chairperson cc: Michael Verity, Building Department Dr. Dominick J. Morreale 20 Highland Avenue Head of the Harbor, NY 11780 Dr.dommorreale@optonline.net (631) 838-8576 RECEIVED March 7, 2023 k1l,d 10 2023 Leslie Kanes Weisman, Chairperson ZONMG8OARDOFApM S Southold Zoning Board of Appeals P. O. Box 1179 Southold, NY 11971-0959 Re: Harbes Family Estate, LLC 715 Hallock Lane, Mattituck SCTM# 1000-112-1-7.4 ZBA# 7715 Dear Chairperson Weisman: I am once again writing to you on behalf of Edward and Monica Harbes. First and foremost, they wish to express their sincerest gratitude to the ZBA board members for the variance approval which sought relief of the required minimum side yard footage setback of the proposed pool house/cabana. This writing proposes yet another change but this time it may not require an additional variance. Please let me explain. Upon the ZBA's granting approval of the pool house placement, the Harbes family began to study the proposed structure's external features. Simply said, no matter how many redesigns of the external walls they had drawn up, it still did not do justice to the beauty of the surrounding terrain. And it certainly did not provide harmony with the newly constructed house. In the eyes of the Harbes family the problem is quite apparent. The proposed pool house has too many walls and instead of enhancing the environment it would detract from the naturally beautiful scenery. So, they began to study structures with less external walls. A pavilion type of structure, with an openair concept has become the desire facility. The attached preliminary drawings and illustrations are examples of a structure that they would like to substitute for the enclosed type of pool house. In essence they would be reducing the external walls from four to one. This newly proposed structure would have 350 square feet under roof but, other than the bathroom enclosure, it will be without walls on three sides. Dr. Dominick J. Morreale 20 Highland Avenue Head of the Harbor, IVY 11780 Dr.dommorreale@optonline.net (631) 838-8576 We apologize for any extra work this project would impose on the ZBA but, as you can see, in order to proceed we need your advice. On behalf of the Harbes family I thank you. Sincere Dominick J. rreale, ED.D. Cc: Edward and Monica Harbes �- K 4ly COUNTY OF SUFFOLK RECEIVED OCT OFFICE OF THE COUNTY EXECUTIVE Zoning Board of A,opeais Steven Bellone SUFFOLK COUNTY EXECUTIVE Sarah Lansdale Department of Commissioner Economic Development and Planning August 24, 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 A14-14 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 Barry Ball #7714 Harbes Family Trust, LLC Very truly yours, 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 a (631)853-5191 WL)Iob 1(., -7 I� C� OFFICE LOCATION: _.TAILING ADDRESS: I � Town Hall Annex �F SO UT P.O.Box 1179 54375 State Route 25 O�� /y0. Southold,NY 11971 (cor.Main South d, NY Youngs Ave.) Telephone: 631 765-1938 www.southoldtownny.gov Z�l ZZ OOUNT i PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Leslie Weisman, Chair NOV 2:.0 2022 Members of the Zoning Board of Appeals Zoning Hoard of Appeal From: Mark Terry, AICP Assistant Town Planning Director LWRP Coordinator Date November 22, 2022 Re: LWRP Coastal Consistency Review for ZBA ' A L'S AMILY ESTATE,LLC #7715 SCTM# 1000-112-1-7.4. HARBES FAMILY ESTATE,LLC #7715 - Request for a Variance from Article III, Section 280-15 and the Building Inspector's July 15, 2022 Notice of Disapproval based on an application for a permit to construct an accessory pool house/shed upon residential property; at; 1) located less than the code minimum side yard setback of 25 feet; at: 715 Hallock Lane, (Adj. to the Long Island Sound) Mattituck, NY. SCTM#1000-112-1-7.4. 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 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT AUG 19 2022 SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Zoning Board of Appeals DATE: July 15, 2022 ��J TO: Dominick Morreale (Harbes Family Estate LLC) 20 Highland Avenue Head of the Harbor,NY 11780 Please take notice that your application received June 8, 2022: For permit to: Construct an accessory pool house at an existing single family dwelling at: Location of property: 715 Hallock Lane, Mattituck County Tax Map No. 1000—Section 112 Block I Lot 7_4 Is returned herewith and disapproved on the fallowing grounds: The proposed accessojy pool house on this confor&ing 187,308 sq-ft. parcel in the AC District, is not permitted pursuant to Article X-X f I Section 280-15 (B) which states: lots measuring 80,000 square feet and over in total size require a minimum rear and side yar setback of 25 feet. The survey shows the proposed pool house to be located at 3 feet off of the side property line. \t)JL 1` / C� Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. Fee:S Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE / House No. 715 Street Hallock Lane HamletMattituck SCTM 1000 Section 111 Block_LLot(s) 7.4 Lot Size 4.3 Acres ZonennME�WIVED I(WE)APPEAL THE WRITTEN DETERMINATION OF THE Bj AW& NSPElOV9 2022 DATED BASED ON SURVEY/SITE PLAN DATED Zoning Board of Appeals Owner(s): __ Mailing Address:p0 Box 44 Mattituck, NY 11952 Telephone:631_S35-S4S4 Fax: Email: Edharbes@gmail.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Dr.Dominick J Morreale for(30 Owner( )Other: Address:— 20 Highland Ave. St.James,NY 11780 Telephone: 631-838-8576 Fax: Email: Dr.DomMorreale ar,optonline.net Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (K)Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED FOR: (�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: Section: Subsection: Type of Appeal. An Appeal is made for: (AA Variance to tkp 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, 6C)has not been made at any time with respect to this property,UNDER Appeal No(s). 62-10D Year(s). 199-J 9.J . (Please be sure to research before completing this question or call our office for assistance Name of Owner: 3g33 Cly ZBA File# REASONS FOR APPEAL (Ple, .5e specific, additional sheets maybe used wii�:�iparer'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:In order to install the water supplyhvaste system so that it is most efficient the pool house should be located as proposed on the survey. This will not characteristically detract from the neighboring properties. If the pool house were to be placed as the code requires,the view of Long Island Sound would be obstructed and diminished. k6 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the appliMGED'dFsQ, other than an area variance,because: Other options for the installation of the water suppl and waste mans cj woul prove to be less effective and potentially problematic. AUG 1 '" L Zoning Board of Appeals 3.The amount of relief requested is not substantial because: It would not interfere or hinder any neighbor and it would allow for an efficient water supply/waste system. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Not at all. The suggested location for the pool house would place it close to a wood line which runs parallel to a long driveway and less obtrusive than other loccations. The underground pipes would obviously not be visiable and yet allow for efficient systems. 5.Has the alleged difficulty been self-created? {x}Yes,or { } No Why: Because of the need for a pool house that will primarily be used for toileting and storage for pool equipment. Are there any Covenants or Restrictions concerning this land? { } No {x} Yes(please furnish a copy) A covenant for the well has been required by the DOH. A copy will be providedwhen completed This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community.Yes. Signature of Applicant or Authorized Agent p� (Agent must submit written Authorization from Owner) Swo to before me this 0'i day of 6+- 20,22__. �JIV Notary i EVE L.GATS-SCHWA.MBORN NOTARY PUBLIC.STATE OF NEW YORK Registration No.OIGA6274028 Qualified in Suffolk County Commission Expires Dec.24,20A� RECEIVED The Harbes Family Estate AUG 19 2022 Variance--Justification onin Board o€Appeals This request to the Southold Town Board of Appeals seeks e ' r - side yard code as stipulated in Zoning 280 attachment 3 and enforced as per the attached notice of disapproval issued by the Southold Building Department. The critical issue has little to do with the above ground factors and all to do with the underground features such as waste lines, water supply lines, leaching pools and the other components of the septic system. When the application to install a pool was submitted the codes concerning side yard boundaries, the distance between water supply lines, waste lines, drain basins and location of the septic system were followed. With the addition of a cabana-pool house, the planning for underground supply water and waste systems became much more complicated. Given the amount of total square footage associated with this property that would seem unlikely. Placement of a pool house should be an easy task, but this R-80 zoned parcel of the property is most unique. It measures 686.83 feet from north to south but only 75.33 from east to west. The first consideration was to place the pool house (which will contain a toilet and hand sink per code) to the west side of the property but when the engineer designed the supply/waste water systems to and from the structure, it was apparent that too many potentially problematic ninety-degree turns would be required. In addition, there were numerous prohibitive factors such as breeching the required distance between supply and waste lines. The east side pool house site, as noted on the survey, was selected as it allows for a route to the septic system without potentially obstructive and consequently problematic waste line configurations. O'no j 'y��►2r , ���y. Dominick J. Morreale 20 Highland Avenue Head of the Harbor, NY 11780 Dr.dommorreale@optonline.net (631) 838-8576 October 21, 2022 Donna Westermann RECEIVED Zoning Board of Appeals Town of Southold OCT 2.5 2022 PO Box 1179 Southold, NY 11071-0959 Zoning Board of Appeals Re: Edward and Monica Harbes 715 Hallock Lane, Mattituck SCTM# 1000-112-1- Lots 7.4 & 7.5 Dear Ms. Westermann: This correspondence is in reference to the above noted parcel of land for which we have previously submitted an appeal application to the ZBA. As a part of that appeal, we provided copies of the survey showing the proposed location of the pool house. In addition, the survey displays the wastewater pipe and water supply line connections to the structure. We also filed an application with the Department of Health requesting approval of the wastewater and supply lines. In this regard, attached please find a copy of the letter of approval for the lines up to the connection point of the proposed structure. If and when the ZBA grants approval of the structure, we will then make the connections and request a final inspection of these wastewater/supply lines. We thank you for your attention to this matter and would ask that your inform the Board of this development. Si cer I Dominick orreale, Ed.D. Cc: Edward and Monica Harbes COUNTY OF SUFFOLK =:w r STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES GREGSON H. PIGOTT, MD, MPH Commissioner DOMINIC MORREALE October 20., 2022 20 HIGHLAND AVE HEAD OF THE HARBOR, NY 11780 Hallock Lane R-20-0779 Inspection Corrections Required DOMINIC MORREALE, The Office of Wastewater Management has performed an inspection of your site on 10/20/2.022. The following corrections are required: Inspected rest of pool house water line into main house. Need to inspect rest of water line and sewer line once pool house is built. Please do not hesitate to call with any questions. The field inspectors are available between 8:30 a.m. and 9:30 a.m. to answer questions. Regards, Office of Wastewater Management CC: EDWARD & MONICA HARBES KENNETH WOYCHUK DIVISION OF ENVIRONMENTAL QUALITY-OFFICE OF WASTEWATER MANAGEMENT 360 Yaphank Avenue,Suite 2C,Yaphank, NY 11980 Page 1 of 1 PubllcHeatth (631)852-5700 1 Fax(631)852-5755 APPLICANT'S PROJECT DESCRIPTION APPLICANT: Harbes Family Estate, LLC DATE PRE 1.For Demolition of Existing Building Areas J Please describe areas being removed: NA AUG 19 2022 L�\4 on I1.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 15.6'x9.6' Dimensions of new second floor: NA Dimensions of floor above second level: NA Height(from finished ground to top of ridge): a 4t Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: No hasement-this pool house will he built like a shed. The floor will be either wood or a concrete slab. III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: This is a wooden shed that i 1 be transported and placed on the designated location or it maybe built on oca on. Number of Floors and Changes WITH Alterations: 1 floor IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V.Purpose of New Construction: A pool Neuse tome usedfor storage of equipmentpoo and supplies. it will- a-'s-a- a toilet Mnd h-mnd-sink per eode and DepaFtmeat of — Health-apprOVRl. 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): in neeordanee with the submitted survey the slop at the southern boarder of the R 80 POFtiOn of the property is at elelfflat-lie-ful =14- OR the Ino-r-t-h-e-r-H h-0aFdeF (south side) the crast of the hiuff is +.4.-941- Tho tog of the bluff'is +/- 101 cz ovc vz v:azz ■ Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? RECEIVED Yes ___X_�No AUG 19 ZOR B. Are there any proposals to change or alter land contours? Board of Appeals X_No Yes please explain on attached sheet. Zoning 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? There is no bulkhead/LI Sound beachfront+/-650 feet from proposed pool house 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? NA Please confirm status of your inquiry or application with the Trustees: and 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 construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? NA Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? Yes_If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: — House and Pool 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. We plan to apply when the house and pool are completed 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. I. Please list present use or operations conducted at this parcel Single family/Residential and and the proposed use agricultural(R-SO and AC) (ex: existing single family,proposed: same with garage,pool or other) Authorized signature and Date TOWN OF SOUTHOLD °''SUFFack t= BUILDING DEPARTMENT TOWN CLERK'S OFFICE ho ; 'a o,✓�4 �a�g` SOUTHOLD, NY RECEIVED BUILDING PERMIT AUG 19 2022 (THIS PERMIT MUST BE KEPT ON THE PREM SES WITH ONE SET OF APPROVED PLANS AND SPECT I _ rd of Appeals UNTIL FULL COMPLETION OF THE WORK AUTH ) Permit#: 47670 Date: 4/12/2022 Permission is hereby granted to: Harbes Family Estate LLC PO BOX 1524 Mattituck, NY 11952 To: Construct in-ground gunite swimming pool at existing single family dwelling as applied for, with SCHD approval. Maintain minimum 25 foot setback from property lines to pool and equipment as required. At premises located at: 715 Sound Ave., Mattituck SCTM #473889 Sec/Block/Lot# 112.4-7.4 Pursuant to application dated 2/8/2022 and approved by the Building Inspector. To expire on 10112/2023. Fees: SWIMMING POOLS-IN-GROUND WITH FENCE ENCLOSURE $250.00 CO- SWIMMING POOL $50.00 Total: $300.00 Building Inspector TOWN OF SOUTHOLD Y "T BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY a� RECEIVED BUILDING PERMIT AUG 19 2022 (THIS PERMIT MUST BE KEPT ON THE PREMISS WITH ONE SET OF APPROVED PLANS AND SPECIFI A�' oard of Appeals UNTIL FULL COMPLETION OF THE WORK AUTHO Permit#: 46118 Date: 4/23/2021 Permission is hereby granted to: Harbes Family Estate LLC _ PO BOX 1524 _ Mattituck, NY 11952 To: remove/relocate existing dwelling and construct a new single-family dwelling as applied for per SCHD approval. At premises located at: 715 Sound Ave, Mattituck SCTM #473889 Sec/Block/Lot# 112.4-7.4 Pursuant to application dated 1/29/2021 and approved by the Building Inspector. To expire on 10/23/2022. Fees: SINGLE FAMILY DWELLING-ADDITION OR ALTERATION $3,451.60 CO-NEW DWELLING $50.00 DEMOLITION $1,367.20 Total: $4,868.80 Building Inspector Of SO Town Hall Annex Telephone(631)765-1802 54375 Main Road Pi11 P.O.Box 1179 c#0 Southold,NY 11971-0959 RECEIVED BUILDING DEPARTMENT TOWN OF SOUTHOLD AUG 19 2022 STOP WORK ORDER TO: Harbes Family Estate LLC Zoning Board of Appeals P.O. SoX 1524 Matt tuck, New York 11952 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 71-5. Sound.Avenue, Ma- New York - ---. g_- - k TAX MAP NUMBER: 1000-1 12-1-7.4 Pursuant to Section 1A4=8 of the Town of Southold Code, you are hereby notified to i im m---ediately suspend all work until this order has been rescinded. BASIS S- OF STOP WORK ORDER: 9209Wgr be-von-d-Le-p-ao -err -it -11B-n 01 ge - ,412-3:2VZO 21. CONDITIONS UNDER WHICH WORK MAY BE RESULTED: Men.-affjq,�esLhay.eEuildinge�artiment -'E -F-DI T ',TEL: ,,C-Q.-M ITT QNS-Af QRSSAID AND TO,COMPL RE FAILM W REME Y 7 He n� I y TI QFL ,W- --.;MA-`Y, d-i" N-- N. 8 AN WCABLE. N- -PUNI g- ff A A DATE March 11, 20212 Sue for uil i g I. spector IT SHALL BE UNLAWFUL TO REMOVE T is OUT WRITTEN CONSENT OF THE ISSUING G. AGENCY. 1 1 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector ilk Town Hall 1 Southold, N.Y. RECEIVED CERTIFICATE OF OCCUPANCY AUG 19 2022 No Z-18936 Date MARCH 29 1990oning Board of Appeals THIS CERTIFIES that the building ACCESSORY Location of Property 715 SOUND AVE. MATTITUCK, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 112 Block I Lot 7 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 17, 1989 __pursuant to which Building Permit No. 18441-Z dated AUGUST 29, 1989 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY FARM STAND BUILDING AS APPLIED FOR. The certificate is issued to EDWARD W. HARBES (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UJA UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED NFA vLA&� Building InsActor Rev. 1/61 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. RECEIVED CERTIFICATE OF OCCUPANCY AUG 19 2022 No Z-18937 Date DECEMBER 23,1992,1992, Zoning Board of Appeals THIS CERTIFIES that the building NEW DWELLING Location of Property 715 SOUND AVE. MATTITUCK, N.Y, House No. Street Hamlet County Tax Map No. 1000 Section 1I2 Block 1. Lot 7 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 25, 1985 pursuant to which Building Permit No. 14516-Z dated JANUARY 29, 1986 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING The certificate is issued to EDWARD W. HARBES (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL, 85-$0-214-DEC. 1, 1992 UNDERWRITERS CERTIFICATE NO. H-032490 & H-032491 - DEC. 14, 1992 PLUMBERS CERTIFICATION DATED MARCH, 28, 1990 - EDWARD HARBES Building Inspector Rev. 1/81 f Southold Town Board of Appeals �r� MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11971 TELEPHONE(516)765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3200 - r1 Application Dated December 16, 1963 (Public Hearing September 13, 984 To: Abigail A. Wickham, Esq. as attorney for [ pellan,Rfi�EIV E D MR. ROBERT ENTENMANN Main Road, Box 1424 AUG 1 9 2022 Mattituck, NY 11952, At a Meeting of the Zoning Board of Appeals held on October 11# 1984, the above appeal was considered, and the action indicated below poard of Appeals on your [ ] Request for Variance Due to Lack of Access -to—Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III , Section 100-31 [ ] Request for Upon application of ROBERT ENTENMANN, 65 Meadow Farm Road, East Islip, NY (by A. Wickham, Esq. for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient area and width of parcel to be set-off in this proposed three-lot subdivision of land located at the north side of Sound Avenue, Matti- tuck, NY; County Taxp Parcel No. 1000-112-1-7. ollowing findings and determination: By this appeal, applicant seeks a Variance to Article III, Section 100-31, Bulk Schedule of the Zoning Code for approval of a 1.239-acre parcel of land to be established in the subdivision application before the Southold Town Planning Board referred to as "Parcel One." The subject parcel has an average depth of 718.00 feet and a lot width of 75.44 feet and is at the present time vacant land. Access to the subject parcel is over a private right-of-way, which is within the boundaries of the proposed divisidn of land, and will be subject to the improvements as required by the Planning Board pursuant to New York Town Law, Section 280-A, or by subsequent application to this board. The board members have personally visited the premises in question and is familiar with the immediate area. For the record, it is noted that there is a parcel of land adjoining this parcel on the east that is of the same size and configuration as that proposed. Although there is ample area of the premises in question being approximately 43 acres, to require the applicant to extend the lot another 300+ feet in depth would be creating a lot unusual ,in shape and character and not feasible as buildable area. The board agrees with the reasoning of the applicant. In considering this appeal, the board determines: (a) that the relief as approved is not substantial; (b)',•' that by allowing the relief, no substantial detriment to adjoining properties would be created; (c) that no adverse effects will be produced on available governmental facilities of any increased population; (d) that the relief will be in harmony with and promote the general purposes of zoning; (e) that the variance requested is the minimum necessary; (f) the circumstances are unique; (g) that the interests of justice will be served by allowing the variance, as noted below. Now, therefore, on motion by Mr. Goehringer, seconded by Mr. Douglass, it was (CONTINUED ON PAGE TWO) DATED: October 22, 1984. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) t, r Page 2 - Appeal No. 3200 Matter of ROBERT ENTENMANN Decision Rendered October 11, 1984 RESOLVED, that Appeal No. 3200, application for ROBERT ENTEN- MANN for approval of insufficient area and lot width of "Parcel One" of a size 737' by 75.44 feet in this proposed division of land, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. A 75' wide by 15' strip at the end of the right-of-way along the southerly end of this parcel shall be incorporated into the area of "Parcel One" (for more control and maneuverability RECEIVE D from the right-of-way into the parcel); 2. No reduction of east and/or west (side) yard areas to lass AUG 1 9 2022 than that required by the zoning ordinance. Location of Property: North Side of Sound Avenue, Mattituc ; 1000-112-1-7. Zoning Board of Appeals Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigo is, Douglass and Sawicki. This resolution was adopted by unanimous v of all the members. RECEIVED AND FILED BY 'GERARD OE R�ER ' CHAIRMAN THE SOUTHOLD TOWN CLERK October 22, 19847 DATE io�a3�i�/ HOUR Town Clerk, Town of Southold O�cuf Four�0 ~ o • Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 / ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3433 Application Dated November 21 , 1985 TO: Michael Racz and Gail Dessimoz [Appellant(s)] 208 Fifth Avenue, New York, NY 10010 J. Douglas Peix, 208 Fifth Avenue, New York, NY 10010, as gent RECEIVED At a Meeting of the Zoning Board of Appeals held on Se tember 11 , 1986 G 19 2022 the above appeal was considered, and the action indicated below as taken on your [X] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a Zoning Board of Appeals [ ] Request for Special Exception under the Zonin Article , Section [ ] Request for Variance to the Zoning Ordinance Article Section [ ] Request for Application of GAIL DESSIMOZ and MICHAEL RACZ for a Variance for approval of access, New York Town Law, Section 28 -a over a private right-of-way known as Hallock Lane and referred to as Private Road #10, extending off the north side of Sound Avenue, Mattituck, New York (over and along lands of Charles Simmons and Edward Harbes). County Tax Map Parcels No. 1000-112-1-7 & 8, and to Parcel No. 1000-112-1-4. WHEREAS, a public hearing was held and concluded on August 14, 1986 in the Matter of the Application of GAIL DESSIMOZ and MICHAEL RACZ; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. The property to which appellants are requesting New York Town Law, Section 280-a approval, is located in the "A-80" Residential and Agricultural Zoning District as more particularly shown on site plan dated November 1 , 1985, prepared by Peix and Crawford Architecture, contains a total lot area of 1.940x acres and lot width of 124± feet, and is improved with the following structures: (a) single-family, one-story frame dwelling; (b) 12' by 22' garage located in the frontyard area; and (c) a 9' by 16' accessory building, as referred in Certificate of Nonconforming Premises No. Z11990 dated October 11 , 1983 (Carel DeLeeux and Edward Urbanello). This parcel is identified on the Suffolk County Tax Maps as District 1000, Section 112, Block 1, Lot 4, and is referred to as 4255 Private Road No. 10 (Hallock Lane), Mattituck. DATED: September 19, 1986. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3433 Matter of DESSIMOZ AND RACZ Decision Rendered September 11 , 1986 2. By this application, appellants request a variance pur- suant to the requirements of New York Town Law, Section 280-a, as more particularly shown on surveys, #3876-2 revised May 20, �1 1986, and Survey Map of Farm for Herbert M. Reeve Est. dated ^ \ July 7, 1966, all prepared by Roderick VanTuyl , P.G., Surveyor. , 11 3. The right-of-way over which appellants haverequeste 280-a consideration is situated at the north side of Sound RECEIVED Avenue, and extends in a northerly direction over lands partly of Simmons and partly of Harbes, a distance of approximately 4,000 feet, to the applicants' property. AUG y y 9 2022 4. Road Engineer Report No. 523 dated July 7, 1986 indicates as follows: The first 2200± feet is fairly level, with variable width Zoning Board of Appeals from 20 feet at Sound Avenue to 10 feet. The material in this area consists primarily of a mixture of sand, loam, with small, medium and large gravel. There are numerous 3" to 8" deep pot- holes. The next 400± feet has similar materials as above with some potholes and depressions, and average road width of 11± feet. The remaining distance varies from a fl.at profile to a plus grade, with some washout and backfill with large gravel. Material in this last length is sand, loam, small, medium and large gravel with occasional stone blend and averaging 11± feet in width. The existing base, except for depressed areas, is hard- packed and stable. Corrections are recommended for improvement. 5. Appellants have also requested some relief from the greatest requirements normally placed for rights-of-way of this nature inasmuch as they are applying for a building permit only for renovation and repairs to the existing accessory structure (referred to as "cabin" without kitchen facilities). 6. It is noted for the record that the premises in question was the subject of a prior Appeal under No. 3431 rendered March 10, 1986, and that 280-a access is pending with the Town Planning Board concerning a division of land for Charles P. Simmons. 7. The board finds that under the circumstances, the improvements as noted below should be the maximum at this time, to allow for the issuance of a building permit for a renovation and repair of the existing accessory building, and the minimum for proper, sufficient, and safe access by emergency and other vehicles. In granting this limited 280-a variance, the board finds: (a) the relief requested is not substantial; (b) there will be no substantial change in the character of this dis- trict; (c) the relief as conditionally granted will not cause a substantial effect or detriment to adjoining properties; (d) the circumstances of this appeal are unique and there is no other method feasible for appellant to pursue other than a variance; (e) in view of the manner in which the difficulty arose, justice will be served by Page 3 - Appeal No. 3433 Matter of DESSIMOZ AND RACZ Decision Rendered September 11 , 1986 allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was l RESOLVED, that a variance pursuant to New York Town Law, Section 280-a, for temporary approval of access, BE RECEIVED AND HEREBY IS APPROVED under Appeal No. 3433 concerning premises of GAIL DESSIMOZ AND MICHAEL RACZ, SUBJECT TO THE AUG 1 9 2022 FOLLOWING CONDITIONS: 1. That this 280-a approval is limited requiring minor improvements to the right-of-way in order to allow proper issuance of a building permit for the renovation/repair of Zoning Board of Appeals existing accessory (cabin) structure. No other building permits shall be issued for this property or other properties having this same legal access route until final 280-a has been filed and re-considered. 2. Improvements, within the legal perimeter of the right-of-way for a minimum width of ten (10) feet, without disturbance to nearby trees along the right-of-way, as follows: (a) commencing approximately 2200 feet north of Sound Avenue, regrade with bankrun having a 20% stone content; and (b) filling all potholes and depressions. 3. Continuous maintenance of right-of-way for safe and sufficient access by vehicles. 4. Any other building permits, new subdivisions, set-offs, or construction on this or other premises along this right- of-way shall also be subject to additional application for New York Town Law, Section 280-a, updated access approval. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass, Doyen and Sawicki. This resolution was duly adopted. lk GERARD P. GOEHRINGER, C IRMAN September 19, 1986 I VECEIVED AND FILED BY ` THE SULiTIiOLD TOWI7 CLEM DATE -/i-� HOUR / Town Clerk. Town �'1 � AGI, JLTURAL DATA STATEMENT __'DING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. RECEIVED 1. Name of Applicant: Harbes Family Estate,LLC 2. Address of Applicant'715 Hallock Lane Mattituck NY 11952 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: EZonfling Boar o is5. Description of Proposed Project: Construction of a 15.6' x 9.6' pool ho 6. Location of Property: (road and Tax snap number) Hallock Lane SCTM# 1000-112-1-Lots 7.4 and 7.5 7. Is the parcel within 500 feet of a farm operation? 11 Yes { } No IV 8. Is this parcel actively farmed? {x} Yes { } No 9. Naive 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 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comrrients returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. ,r Attachment to: EZoningBoard D 22 Agricultural Data Statement Zoning Board of Appeals ppeals s Town of Southold Agricultural properties within 500 feet of The Harbes Family Estate, LLC. As of August 18, 2022 This list was provided by the ZBA. Ownership and addresses were gathered via the computer data of the Southold Town Assessor's Office. 1000-112.-1-7.2 Harbes Hill LLC PO Box 1524 Mattituck, NY 11952 1000-112.-1-7.5 ✓ Harbes Family Estate LLC PO Box 1524 Mattituck, NY 11952 112.-1-7.6 ✓ Harbes Farm Mattituck LLC PO Box 1524 Mattituck, NY 11952 112-1-8.2 Pangari, Mario and Maria 3 Susan Ct. Glen Cove, NY 11542 120.-1-4 Harbes Family LLC PO Box 1524 Mattituck, NY 11952 120.-1-3 Harbes May D Trust #1 and Harbes, Edward w Jr. Trust #1 PO Box 1524 Mattituck, NY 11952 120.-3-5 / Regina's Garden LLC PO Box 1524 Mattituck, NY 11952 120.-3-4 ✓ Cozy Country Cottage LLC PO Box 1524 Mattituck, NY 11952 120.-3-11.10 No Rock Farm LLC c/o Patricia DiVello 220 Blossom Bnd Mattituck, 11952 120.-3-11.� No longer on rolls. Property was subdivided and is now listed as 120.-3-11.19 and 11.20. Owned by Sound Ave. LLC c/o Divello 220 Blossom Bnd Mattituck, NY 11952 _ 617.20 ! Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION To be com leted72- licant or Project S onsor1. APPLICANT/SPONSOR PROJECT NAME Harbes Family Estate,LLC Pool House 3. PROJECT LOCATION: ED Municipality Mattituck County Suffolk 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) Hallock Lane intersects Sound Ave.just east of the Harbes Family Farm stand. The hou a number is 715. Zoning Board Of APPeals 5. PROPOSED ACTION IS: 0 New [] Expansion Modification/alteration 6. DESCRIBE PROJECT BRIEFLYcThis application seeks relief from the Southold Town code requiring a twenty-five foot distance from the property boarder for the placement of a pool house(shed)on the property.Requested is a variance to place the pool house three feet from the property line. The request is deemed necessary as it will allow for an appropriate and effective water supply and waste system from the pool house to the septic system. 7. AMOUNT OF LAND AFFECTED: Initially Z6 3 acres Ultimately 76 3 acres 8. 'WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes ❑ No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? xl Residential F-1 Industrial Commercial 10 Agriculture ❑x Park/Forest/Open Space [] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR LOCAL)? E]Yes ® No If Yes,list agency(s)name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes n No If Yes,list agency(s)name and permittapprovals: Department of Health 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes 0 No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/spons Date: a-- Signature: If the action is in the Coastal Area, and you area state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER r 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? x b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? x 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environment NO YES If Yes,identify: x 8. a.Will the proposed action result in a substantial increase in traffic above prese it levels'? YES AUG 19 2022 b.Are public transportation service(s)available at or near the site of the proposed action? Zoning Board of Appea c.Are any pedestrian accommodations or bicycle routes available on or near sit,of the provas d action"? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: NA 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: Well water X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: Septic system X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: IN Shoreline ❑Forest W Agricultural/grasslands ❑Early mid-successional J� V&tland ❑Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES Page 2 of 4 l�\ 18.Does the proposed action include constr�un or other activities that result in the impounL_�nt of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X v .D 20.Has the site of the proposed action or an adjoining property been the subject f remediation(oni or NO YES completed)for hazardous waste? AUG 1 ST If Yes,describe: X zoning Bud,d of Appeals I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name. Date: 0 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage �� problems? «/o tie 11. Will the proposed action create a hazard to environmental resources or human health? kn YL f Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for s o -term,long-term and cumulative impacts. RECEIVED AUG 19 2022 Zoning Board of Appeals ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Board of Zoning, A i mils=A vplication RECEIVED AUT1 0RIZATION (Where the Applicant is not the Owner) AUG 19 2022 Zoning Board of Appeals I, n��� �a residing at 71 5 �LLoc- L.-le Print property owner's name) (Mailing Address) 1 �.. . y l do hereby authorize s :c S e (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. (Owner's Si nature) lqo Aj (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 empiovees.The Purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Harbes Family Estate,LLC-Monica Harbes,Managing Member (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.) 7AUG D TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit 022 Variance x Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Zoning Board of Appeals Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child),have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest.`Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of 20 -Signatur;f Print Name 9 ern 4-o 6egoce nn¢ b� Rorkm �w&5 EVE L.GATZ•SCHWAMBORN OTARY PUBLIC.STATE OF NEW YORK Registration No.OIGA6274028 Qualified in Suffolk County Commission Expires Dec.24,20-&' �HGENT/REPRESENTATIVE ` TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : Dr.Dominick J.Morreale (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) RECEIVED TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit AUG 19 2022 Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Zoning Board of Appeals Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest.`Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO x If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP �b 1 Submi d this day of 1 20 c?�L Signature Print Name b M11�2A,C Town of Southold �J \ LWRP CONSISTENCY ASSESSMENT F DRM RECEIVED A. INSTRUCTIONS L AUG 19 2022 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 Wate wiC,0hgwA� jw Law. This assessment is intended to supplement other information used -af—Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# woo - 112 - 1 Lots 7.4 and 7.5 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 13 Building Dept. ® Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g. grant,loan, subsidy) (c) Permit,approval,license,certification: Nature and extent of action: Due to water supply and waste water lines installation limitations,an application to erect a pool house closer to the side yard footage allowances(code)was submitted to the town building department and rejected. Location of action: 715 Hallock Lane Mattituck Site acreage: 26,3 RECEIVED Present land use: Residential and agricultural AUG 19 2022 Present zoning classification: AC and -80 2. If an application for the proposed action has been filed with the Town Zoning-Board of Appeals ollowing information shall be provided: (a) Name of applicant: Harbes Family Estate,LLC--Monica Harbes,Managing Member (b) Mailing address: PO Bog 44 Mattituck NY 11952 (c) Telephone number:Area Code 63> 835-8484 Ed Harbes (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No® If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LW" Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No © Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria 11 Yes 11 No ® Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Ye 0 s D No ® Not Applicable ZA11�� Zoning oars ot Appeals 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 0 Yes © No ® Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No ®Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. 0 Yes [] No® Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. RECEIVED _-.1 ❑ Yes ❑ No® Not Applicable AUG 19 20221 10 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 1:1 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. ❑ Ye2 No® Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable 'n RECEIVED Attach additional sheets if necessary AUU 19 Zoning Board of Appeals Policy 11. Promote sustainable use of living marine resources in ong-Nand—S 9 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. 0 Yes ❑ No ® Not Applicable Created on 512510511:20 AM 1 TOWN OF SOUTHOLD PROPERTY RECORD CARD.......... OWNER --_ STREET -7t 5- -- VILLAGE DIST.1 SUB. L - ar 6ps' Faf"I-Y�s6k wc--,i�)ow)e-j a v6e<, c-- AC - REMARKS TYPE OF BLD. - -•--- ---.___._.-_. ---.� -.. /�jC. - / v�►Q f ` 16( V LesQ, ff PROP. CLASS 3(1/ -7 -(L/17 7��6 LAND IMP. TOTAL DATE q��' r � _ a0 0 ` DOCS IZQ P .�000- d 3 ! QUr'I0 i + aU l .tC� b Z tl� U� �� .-_ Y rv�t---- --�7— l05'_ 2 -7�a L4- z a_ - t.. (_ �a { r es o � � � � zeds yoo /& UO oi¢—!, 12 ��,�4f. - y "o iy 5 Uy, ,p-o Lo Lu 3 Jl /q ! 2,(100 -- -_- .> t t FRONTAGE ON WATER TILLABLE ���' S FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL TOWN OF SOUTI ;TY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT t4aITes vam1'14 LLC- SOUC)d A-v-e— �AOJ* 1 12- A--5 9Y ACR. RE AR S u A nq q TYPE OF:BLD. I . � (( PROP CL 12e5 -f4ovke -AvIcl vj Hdldws g2/o vv -19)o-it4 JZ 600-S,;I(?Ie-, Fam we LAND Imp- TOTAL DATE 76 70 - -2- 1 Z/000 iOkD0 /Z;;zoo 4000 - - --Zqoo CL U C= o L� Lu UJ LU CD FRONTAGE ON WATER TILLABLE FRONTAGE ON.ROAD + WOODLAND DEPTH I. 3 MEADOWLAND BULKHEAD ........ HOUSE/LOT TOTAL r� ■®■■■t!■■.■■■■■�■■■■■■ fly it,ft, Off �� �a'e�FS+err ;xr�t :,r%�' '�'" :."*s � ';ea4ia+ ,s�Mkb ■■■■■�■■■■■■■■� MIN■■■■■■M1131■ ■NE■■E■■■ ■■■■■■ ■NONE■■ N■■E■ 1 ■NEEM■ NEON--- ■■■ ■■■■■■ ■■■■®■■■■■■■■ •. r�•Jw •undatio.n Fire Place • u �• �� mss• -� ' •f ' ��� Rooms S.C.T.M.# DISTRICT 1000 JECTION 112 BLOCK LOT 7.4 & 7.5 #14-20-0779SoT TN'D __ C, ISLAND L75.33 ENEIGHBORS N7603 E— -- - RESIDENCE - RECEIVED NEIGHBORS 4 /^_ RS / TOE 0 BLUFF X_ RESIDENCE AUG 19 2022GARAGE :.. 20 Zoning Board of AppealsGARAGE Awl \ � I . _+'o \ \ `, ay OPERTY NF soJ \ \ RESS OfNEIGHBORS -do— N DRIVEWAY / — 9 \ ) i- - �. POOL LOCATION/ PROP.POOL 100 PROP.POOL CABANA �g0 GPti 96_ / / R1 POOL LOCATION _ r \ ;,Ai ,DO 96 A 96, , NORTH View NORTH EAST View `94 N I ` I 01 v' DWELLINGS o,,,�. \ \ I o qW/WELL WATER NN a \ „�,,, I 96/ CY' ' PROPOSED <:• -�o \ 3�7,gyp, '98 CA3ANA N _ A4L' OF HA.v'8E5 MATTITUCK FARM, LLC ► #10940 FILED APRIL 29. 200307 LOT 2 r 100 98 P/0 LOT I / R( •"�'f DWELLING -101- u' S.C.T M./1000-112-1-7.a / - '9 \ �. W/WELL WATER _ _ � O 4,3 ACRES / / � �` ';�, � PROP.POOL q ZONED I""' / / •O CABANA � O 4. ZONEO - \ / ) 4' - POOL - ? / �,�E f }#1 r cri I R VY LOCATION \ \ T GI NpS�� E I .�' r 4 SN-J� � 4 0s F 96 s. e4� 94 I J g :AND N/F OF ba / / `�9 'r.• _ STATE OF NEW YORK VEL ♦ 14 98 VACANT i o vj PARK AREA /��mNc 150 92/ X / fO WELL /�IfE E / 4 VACANT150' O4 Ii�`'c l' / P/O LOT 1 /�' �►M ..' tV �.. / 1102 ,(► / MAP OF HARSES MATTITUCK FARM, LLC 00 /10940 90 / FILED APRIL 29. 2003 / 88 69 >3 s. ._i., _�.v. ,..''I,.k.-_._ '.•s.�R "s�_.: .12! _7 _7 LAND N/r Or - ' / HSFAMILY ESTATE LLC 66 '. SOUTH EAST View TOWN OFF SOUOUTHOLD (DEVELOPMENT RIGHTS) / S.C.T.M/1000-112-1-Z] 22.0 ACRES 84- ter. Dominick J. Morreale 20 Highland Avenue Head of the Harbor.. NY 11780 Dr.dommorreale@optonline.net (631) 838-8576 \/FD RECE.�. , Augu t 10, ZQZZ 9 2I2 Zoning Board of Appeals Southold Town Zoning Board of Appeals Southold Town Hall Dear Board Members: On behalf of the Harbes Family Estate enclosed please find nine sets of documents pertaining to an application for a variance for the location of a pool house on the property recorded as Suffolk County Tax Map # 1000-112-1-Lots 7.4 and 7.5. The address of this property is 715 Hallock Lane, Mattituck NY. Should you need any further documentation please do not hesitate to contact me. In advance, I thank you for your consideration in this matter. ere, , Sicw Dominick J. Morreale, Ed.D. Cc: Edward and Monica Harbes i r v ZBA CHECK FEES - 2022 Funding Account- B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 8/22/2022 Meringer,Amos 7716 $1,250.00 5198 8/26/2022 8/19/2022 -arb00 Ra I--1 .Tres �J a WO O 576 8/26/2022 8/23/2022 Tzoumas, Nicholas 7717 $1,000.00 1325 8/26/2022 8/24/2022 KEKJS Headquarters LLC 7718&7719SE $1,000.00 4230 8/26/2022 8/25/2022 460 Oyster Ponds Lane, LLC 7721 $1,000.00 1154 8/26/2022 $4,500.00 ® RECEIVED a UG 26 2022 Ou d�T®wn Clerk —all ;b073ox 44 576 /D[at'tia`uck Nti�;rr952=0044' . a�r,fo-fie--- M1.� '•,M1`' ... ::{' l �/� �1,/A/{/'/�/''I n CHEEECKSdFE- ,,,_:,..4 $p2�) w 4,'*f,ti�' irk.. -- "�T � �' ,��3•f�` • �o411a on r JP Morgan Chase Bank i l `Town of Southold ` P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/26/22 Receipt#: 305322 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7715 $250.00 Total Paid: $250.00 Notes: Payment Type Amount Paid By CK#576 $250.00 Harbes, Monica J&edward Southold Town Clerk's"Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Harbes, Monica J&edward 715 Hallock Ln Mattituck, NY 11952 Clerk ID: LYNDAR Internal ID:7715 ccb2f aa5-738d-4597-802e-clda3dbdda9a I(imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE lam/ SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 1, 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 of Southold RECREATION CENTER, 970 PECONIC LANE, PECONIC on THURSDAY, DECEMBER 1,2022: 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.- BRANKO AND MARGARET PEROS#7705-Request for Variances from Article III,Section 280-15;Article XXIII,Section 280-124; and the Building Inspector's June 3,2022 Notice of Disapproval based on an application for a permit to construct second floor additions to an existing single family dwelling and to construct an accessory garage, at; 1)the accessory garage is located less than the code required minimum front yard setback of 35 feet; 2)the addition to the single family dwelling is located less than the code required minimum side yard setback of 10 feet; 3) more than the code permitted maximum lot coverage of 20%; located at: 815 Rabbit Lane,(Adj. to Marion Lake) East Marion, NY.SCTM No. 1000-31-17-18. 10:10 A.M.-MICHAEL RENDEL#7706- Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's July 21, 2022 Notice of Disapproval based on an application for a permit to legalize an "as built"front stoop and rear deck attached to an existing single family dwelling, at; 1) located less than the code required minimum front yard setback of 35 feet; 2) located less than the code required minimum rear yard setback of 35 feet; located at: 130 West Lake Drive, (Adj.to Little Peconic Bay)Southold, NY.SCTM No.1000-90-1-19. 10:20 A.M.-RICHARD J.SAVARESE#7707- Request for Variances from Article XXIII,Section 280-124; and the Building Inspector's July 7,2022 Notice of Disapproval based on an application for a permit to legalize an "as built" deck addition with a pergola attached to an existing single family dwelling, at; 1) located less than the code required minimum side yard setback of 10 feet; 2) located less than the code required minimum combined side yard setback of 25 feet; located at: 2575 Old Orchard Road, (Adj.to Orient Harbor) East Marion, NY. SCTM No. 1000-37-6-7.1. SOUTHOLD TOWN BD OF APPLS 2 k ccb2f0a5-738d-4597-802e-c1da3dbdda9a kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 10:30 A.M.-ROBERT YEDID AND ELYSE YEDID#7708,- Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's July 7, 2022 Notice of Disapproval based on an application for a permit to reconstruct an accessory in ground swimming pool, at; 1) more than the code permitted maximum lot coverage of 20%; located at:230 Hippodrome Drive,Southold, NY. SCTM No. 1000-66-2-25. 10:40 A.M.- MATT AND JESSICA CARBALLAL#7709-Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's July 21, 2022 Notice of Disapproval based on an application for a permit to construct a screened patio addition attached to a single family dwelling, at; 1) located less than the code required minimum rear yard setback of 35 feet; located at: 450 Bay Haven Lane,Southold, NY. SCTM No. 1000-88-4-23. 10:50 A.M.-STEVE AND FORTUNE MANDARO#7711- Request for Variances from Article XXII,Section 280-10513;Article XXIII, Section 280-124 and the Building Inspector's June 29,2022 Notice of Disapproval based on an application for a permit to relocate, raise and construct additions and alterations to an existing seasonal dwelling to be converted to a single family dwelling, and construct a retaining wall with railing;at; 1) proposed retaining wall with railing exceeds the code permitted maximum 6,5 feet in height when located in or along rear and side yards; 2) dwelling is located less than the code required minimum front yard setback of 35 feet; 3) dwelling is located less than the code required minimum rear yard setback of 35 feet; at: 2135 Bay Avenue(Adj.to Marion Lake), East Marion, NY. SCTM#1000- 31-17-4. 11:00 A.M.-GARY TRAPANOTTO#7712-Request for a Variance from Article III,Section 280-15 and the Building Inspector's August 4, 2022 Notice of Disapproval based on an application for a permit to construct an accessory garage; at; 1) located in other than the code required rear yard; at:4593 Wickham Avenue, Mattituck, NY,SCTM#1000-107-4-8.1. 1:00 P.M.-VASILLIOS PAPAGIANIS AND THEOTOKIS T. DAVAS#7710-Request for Variances from Article III,Section 13-A(1)and 280-15;Article XXIII,Section 280-123; and the Building Inspector's July 15, 2022 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing second single family dwelling and to legalize an"as built" accessory shed; at; 1) second dwelling exceeds one dwelling permitted on each lot; 2) a non-conforming building(second dwelling)containing a non- conforming use shall not be enlarged, reconstructed,structurally altered or moved,unless such building is changed to a conforming use; 3) accessory shed is located less than the code required minimum side yard setback of 20 feet;at: 1345 Chapel Lane, Greenport, NY.SCTM#1000- 45-1-8. from Article 1 1 al.... 2010-15 + 1:10 P.M.-STEPANIE MAZUR 47713 -Request for Variances Pruni Ar acre III,Section a..� the Building Inspector's April 27, 2022,Amended June 27, 2022 Notice of Disapproval based on an application for a permit to demolish and reconstruct an accessory building measuring 22 feet in SOUTHOLD TOWN BD OF APPLS 3 0 ccb2fOa5-738d-4597-802e-clda3dbdda 9a kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times height; at; 1) located less than the code required minimum front yard setback of 40 feet; 2) located less than the code required minimum side yard setback(2 sides) of 20 feet on each side; at:555 West Road 41218,(adj.to Cutchogue Harbor) Z-0 Cutchogue, NY,SCTM#1000-110-7-7. 1:20 P.M.-BARRY X. BALL AND KIMBERLY VAN LEE#771:4- Request for a Variance from Article III, Section 280-14 and the Building Inspector's June 15,2022 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at; 1) located less than the code required minimum front yard setback of 60 feet; at:39550 NYS Route 25,(Adj.to Gardiners Bay) Orient, NY.SCTM#1000-15-8-26.8, 1:30 P.M.-HARBES FAMILY ESTATE, 1-1-gRequest for a Variance from Article III, Section 280-15 and the Building Inspector's July 15, 2022 Notice of Disapproval based on an application for a permit to construct an accessory pool house/shed upon residential property; at; 1) located less than the code required minimum side yard setback of 25 feet; at:715 Hallock Lane (Adj.to Long Island Sound) Mattituck, NY. SCTM#1000-112-1-7.4. 1:40 P.M.-I(CE NY 26 LLC#7686-Request for an Interpretation pursuant to Article XV, Section 280-62, and the Building Inspector's April 6,2022, Amended April 13, 2022 Notice of Disapproval based on an application for a permit to construct a new Battery Energy Storage Facility,to determine whether the proposed Battery Energy Storage Facility is a Use Permitted by a Special Exception; located at: 10750 Oregon Road, Cutchogue, NY.SCTM No. 1000-83-3-6.1. 1:40 P.M.- KCE NY 26 LLC#7684SE- Request for Special Exception pursuant to Article XV, Code Section 280-62B(5)to construct and allow for public utility structures and uses; i.e,, battery energy storage system facility; located at 10750 Oregon Road,Cutchogue, NY.SCTM#1000-83-3- 6.1. 1:40 P.M.-KCE NY 26 LLC#7685-Request for Variances from Article XXII,Section 280-109A(1) &(2); Article XV,Section 280-63; and the Building Inspector's April 6, 2022,Amended April 13,2022 Notice of Disapproval based on an application for a permit to construct a new Battery Energy Storage Facility and to subdivide the existing parcel,at 1) proposed created lot shall require direct access to a public street in accordance to NYS Town Law 280-a; 2) height of structure more than the code permitted maximum 35 feet in height; 3) structure,less than the code required side yard setback of 20 feet; located at: 10750 Oregon Road,Cutchogue, NY.SCTM No. 1000-83-3-6.1. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. 4 SOUTHOLD TOWN BD OF APPLS I ccb2f0a5-738d-4597-802e-clda3dbdda9a kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County,New York. I certify that the public notice, a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: November 24,2022 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,and as such, is eligible to publish such notices. �� Signature f Eliot T. Putnam Printed Name Subscribed and sworn to before me, This 28 day of November 2022 A Notary Si nature MARY BETH ALESCIO WALLING NOTARY PUBLIC,STATE OF NEW YORK Registration No,01AL5056219 Qualified in Saratoga County My Commission Expires March 04, 2026 j Notary Public Stamp i SOUTHOLD TOWN BD OF APPLS 1 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson 'of SU!/T�,� 53095 Main Road•P.O.Box 1179 !� Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento lij'COU Southold,NY 11971 5 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 1, 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, DECEMBER 1, 2022: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownnv.qov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownnv.gov/calendar.aspx. 1:30 P.M. - HARBES FAMILY ESTATE, LLC #7715 - Request for a Variance from Article III, Section 280-15 and the Building Inspector's July 15, 2022 Notice of Disapproval based on an application for a permit to construct an accessory pool house/shed upon residential property; at; 1) located less than the code minimum side yard setback of 25 feet; at: 715 Hallock Lane, Mattituck, NY. SCTM#1000-112-1-7.4. 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: htip://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email:kimf@southoldtownny.gov. Dated: November 17,2022 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 0-Min Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 r< ' Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 t Southold, New York 11971-0959 Fax(631) 765 9064 ZONING BOARD OF APPEALS DATE: November 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 December 1, 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. _..........__.___.________ Aelow, please see instructions required to prepare;for the ZBA public hearing which includes:; 'PLEASE READ CAREFULLY. E 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 shouRd be done no Rater than November To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to lour public hearing, members of the Board of Appeals will each conduct a personal inspection of your property.If a Board member reports that there is no signage visibly on display as required ley law,your scheduled hearing will be adjourned to a later date to ensure comraflance with Chapter 55-1 (2) 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 November 22, 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. f Instructions for ZBA Public Hearing - Page 2 MAILING INSTRUCTIONS: Please send by USPS Certified Mail, Return Receipt the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by��� November 14,2022. 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@southoldtow=�.gov or elizabeth.sakarellos@town.southold.a.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. Surveyor Site Plan depicting "as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold> Assessors> Assessment Books/Tax Rolls> 2010-2021 > 2021 http•//southoldtownny.gov/DocumentCenterNiew/8779/FinalRoII2021-Amended IMPORTANT INSTRUCTIONS: ; ! ,Scan.and email the USPS,mailing receipts,-green- signature, cards and affidavits toy kimM,southoldtownny.gdV and ** PROMPTLY USPS MAIL** the ORIGINALS to the Town of Southold, ZBA,-P.O..'Box 117.9,`Southold, NY 11971. Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter SS of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present,'the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes—Board Assistant Laserfiche Instructions for Zoning Board of Appeals Records 4 INV,YA �P. F;9 n ne % I C meats" Ea! Above: Homepage, Click on Link "Town Records"Weblink/Laserfiche LaserfichaWeb Link IAIdh;11 f:O Home 81.Me Search TO'.-MOfSoUthdd TownOfScruthold Na— Pagec—E Templar--e 2 Entry ProDeFties T, Cl,rl Path t Zoning Scald 01APPeZIS JZ3A) Creation date 4 1 i:-,2:4:A7j P6-- 'J;2 Rr>r 2 29 Entries Lest modified I-T a' AM .. hietdddtd Me'-1:JU,;S Above: -The second of two pages you will find "Zoning Board of Appeals (ZBA)" in the list of Town of Southold Departments. Click the Zoning Board of Appeals (ZBA)folder/link. 11 1 - Laserfiche Instructions ZBA Files Page 2 Laserfiche WehLink o., Home Browse searcn ":wn0sou:nold>Zoning Board or ApPeals(ZBAI Zoning Board ofAppeais namx Pagerount 7—patename (ZBA) Alphabetical Index z Entry Properties .-Board.Actions ' Lase riche Se—Ginces Pd[h r;,.tni)rS51,:.`:c`;.:�:vnr;�;x.. M1lee[Ing ScheLules d `` Cf:.ppedls;tl'..>i MinutesrAgentlasn egal Mooces;Heanngs Creation date Pending .;:ilf'';+71'7:17'(1 PI✓ Reports Last modified .:23r201'•':.07la AM "-SPxcal Event Permits -Tra•nmg Requlremencs ZBA Officals Metadata --ZBA:cli<Iez Ila^teladata 1 ,b Ersepucns Us(C7de 280-10C(3) 1 Ju-diction Wong 1 -- y ZBA 3cok of Ma"ed 1977 E-vng Lots as —d—&q.Its om,'hrnith:pep-:meat-Usez!' I Wk icnedules 5 Agreements.Contracts&Leases Pave'4,11 Id Emrles Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on "Board Actions" folder to open. Aj Most Visited &Getting Started O Southold,NY-Officia... °NetZero-My NetZero... .-- Date Duration Calcula... �,�TownOfScuthold-La._ . Southold-Cor Laserfiche WehLink " Home Browse Search TOLvnUS0Uth0id>Zeni;;g S arri of Aq)eal>1_�A)=Baas Actions>Pending Pending Name 9025 MAIN ROAD LLC,CARDIINALE Entry Properties C&L UkUr'-Withdra%vn Path )EMCAP SO 1 LLC PECONIC RECYCLING TRUCK • •• -.r.-y -T:THE ENCLAVES Creation date J#7370-=rend 1000-128-6-6 31-1800:111:'6:..1 Asa Last modified +7379-Solutions East 1000-13-3-1 –' 9;30' 3:5.;:"rd rn! _ x7383-Spiller 1000-59-5-8.3 ':;x73345E-HNF Resorts,Mydon Resorts-Campground-1000-40-3-5 Metadata X7385 SE-Fried 1600-50-1-13.1 .J me:3data aS_' ned '`_! #7386 860 Bayt-iew Drive-LLC 1000-37.-5-10.1 :7387 Hard Corner 1000-61-4-1 ';L1#7387 Hard Corner-SITE PLAN-.Arch Pians 1000-61-4-1 i x7388-MIncon Irrev.Trust 1000-128.-2-20 47339 Benic 1000-71-1-4 a's74106 Nappa 1000-88-1-15 Page) of 1 Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0 Laserfiche Instructions ZBA Files Page 3 Laserfiche WebLink He;-, A61i, Home Browse Search Z­-,g Bce-,u r-&Ai Board Actions Board Actions Name Pa...count Template name :957-1979 Entry Properties i9so-i999 Path 2000 2001 Creation date 2002 2003 Last modified 2004 2006 A \1 2 Metadata 2006 2007 200a 2009 2016 flWP.P--ru-2 2011 ' 2012 2013 2111 2015 2016 2017 Ponding —11h Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". 017 2017 W -h ,g cap: pa svro:cl:ans %Org 53 doara mans a. sa 70:1 59 avro Hans 7Uz %5 aaara+a cns J3s nn .,o pvraaians 7— Above: See listed File Numbers. Click on file you are searching. P' Laserfiche Instructions ZBA Files Page 4 cashel 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 V.rebLmk Home Browse search .•r:,u:-3arc!I �_� S:rt.i(sul, h; Relevance,+ 7016 Fleur nerve Boord Action;.83 p„gcr,} Page count:83 Template name:Board Arnons Reset �a-c-3...:Colin and Kristen Cashel PRGPSRTy LOCATION:162 Lower Shingle Hill,RSher... ?e 4...19.2017 47016.Crtshel SCTM Poo.t 000-9.1-26 m-nius approval to remo... ?aec 5...y19.20179,016.Casnel SCTM No.100G9.1.26 GRANT,the variances as... xsd•:er—, MR'5,e rM5, •.COLIN L KRISTEN CASI;EL SECTION 009 BLtOC.- �ase_J...Thomas A.hl-r—Cashell.PO Boz 332 Fishers Wand.NY... s Show more mformatien... '!7018 Coard A:nvi, Page count-.55 Template name:Board Actions u r=:i...0:30 A.M.COLIN CASHLL AND Variance;andar AmG le Id.S.R,.n ANN... A..ancets)MSTEN CASHN 47016-Reeuest pro0esed ne1Ps!ocated,i other tha... 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.-1-1. Laserfiche Web Link ;,:;•r:?ou.,: =�<p .=u:•:: :, Home Browse Search Tw:nO'S C'1'c'd>vmng 3oa::e'App?sk Q?^q'XilnutesrAgendas/Legal NOtl(ES/Hearings Minutes/Agendas/Legal Name Page count Template name Notices/Hearings 1957-1979 2 Entry Properties - 1980-1999 _ 2000-2009 Path 2J10 ::te_L}tPay 2011 '"t,r•,:l lrnr^ate 2012 Creation dare - 2201' ., ._-.i_..-,,.,'.I I-2018 Last modified 2015 2016 R Metadata -2017 NQ -a,_e,.dw;c,d Pa"e I of I t I Ent, Above: Also, Minutes, Agendas, and Hearing Transcripts can be viewed. Laserfiche Instructions ZBA Files Page 5 Laserfiche Web Link ne M VibLn. -ey Ab-1 Home Browse Search 5-2017 2017 Name Pagecount Templare name ZBA-01/05/2017 2 Entry Properties 7 ZBA-01 10512017 Agenda 4 Path ZSA-015O5/2017 Hearing 40 *fAPIC61S ZBA-01105/2017 3 -I ZBA-01/19/2017 2 Creation date r2,)'^1:'::14:"-i Z3A-02/02/2017 7 Lasr modified ZBA-0210'/2017 Agenda 4 4 53:59 PF.; ZBA-0210:12017 Heanng 45 Metxiata Z&A 02.'OZ/2017 LN 3 ZBA-02'16/20I7Ag-da 3 ZBA-02,116/2017 Speclat 3 :,dur,&Result; ZEIA-03/0212017 7 M-031022017 Agenda 4 23A-03M/2017 Heanng .55 ZBA-03/0212017 LN 3 ZBX03/1612017 agenda 3 ZEA-03/16/201-,Specal 3 ZBA-0006/2017 5 ZBA-"106/2017 Agenda j ZSA-0s'06/2017 r,a—g 45 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 H The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 : Main Road, Southold: The application will also be available VIA ZOOM WEBINARM F linkmhttp://southoldtownny.gov/calendar . 'AME : HARBES FAMILY ESTATE , LLC #7715 CTM #: 1 000- 1 1 2- 1 -7 . 4 VARIANCE : YARD SETBACK r-I.EQUESTE. CONSTRUCT ACCESSORY POOL HOUSE/SHED DATE : THURS . DEC . 1 2022 1 : 30 PM You may review the file(s) on the town's website under Town RecordslWeblink: ZBAIBoard Actions/Pending. ZBA Office Telephone (631 ) 765-1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: MAILINGS 4-to-'a de,6,5 (Name of Applicant/Owner) � p(, ' l 7/S �4,#,C_kLt.'k, Mce.l f c vc� N f SCTM No. 1000- 11 ,R— 7 • `� (Address of Property) / f TS Z (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK II 'I I, V4/owner, ( ) Agent Q W R1t.� TC S residing at gGti.1- i New York, being duly sworn, deposes and says that: On the / day of NO Vet b=-C_, 20 , I personally mailed at the United States Post Office inr 4-+' +yAjCJe_ ,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 BARBARA H.TANDY 10 day of IVO Vern b-Q-r , 20a Notary Public,State Of New York No. OITA6086001 Qualified In Suffolk County Commission Expires 01/13/20 q73 (Notary Public) 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. Postal Postal �- Domestic Mail Only Domestic Mail • nly Lr) CO E3 For delivery information,visit our -IF U 11lt IC5 B A website U USPS.come.� � I � No'0 V"F"VO 9 Ar L• U 2 rFIE— U-- Certified Mail Fee ! 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Sent To \�------ �\\c?it�------------- --- Sf�ee dA�i ��. (a t t� \ Street endA.No.,or PO Box No C3 �apt.N�o�Pts Bo�rjp(o. Ciry,State,ZI +4, Ciry,State, ------------------------------------------------------ PS Form 3800,April 2015r r r r, Reverse :,r 1 r, •,. - P- o�- �1 # -7 TOWN OF SOUTHOLD Aq" ZONING BOARD OF APPEALSC SOUTHOLD, NEW YORKS-l' AFFIDAVIT OF In the Matter of the Application of. POSTING CE45M 4 f 4mrb e 5 (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK I, w -D 9-1wbe-S residing at , New York, being duly sworn, depose and say that: I am the (V<Owner or ( ) Agent for owner of the subject property On the !o day of 00V150Tb`e-( , 20,;t,-�, I personally placed the Town's Official Poster on subject property located at: Kw4"f:1+act 1 N �' The poster shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall beset back not more than 10 feet from the property line. The sign shall be displayed f r a period of not less than seven days immediately preceding the date of the public hearing of DCCcmtx-y- 1 ,oq 90"11V 50607 0 (Owner/Agent Signature) Sworn to before me this 0 Day of IV o Vembe , 2002 a BARBARA H.TANDY yV• Notary Public,State Of New York Notary Public) No. OITA6086001 Qualified In Suffolk County Commission Expires 01/13/20. 3 U.S. Postal Service�_ CERTIFIED o RECEIPT U.S. Postal N Domestic Mail Only CERTIFIED MAIL@ RECEIPT D^ I I t••a Domestic 1111-10 IRIMUM U1 AL US J 0, CU EF Lr) ertified Mail Fee $4.01- M1 r��'��•iripp �jl c %fit /Lyt Ln ! !�`�_1 y Certified Mail Fee O Extra Services&Fees(check box,add lee ey.eqp mate) '- .y [�•• $ 9 ❑Retum Receipt(hardcopy) $ it_ '�////yy C�O ; rU Extra Services&Fees(check box,add fee s ) 1 y O ❑Retum Receipt(electronlc) $ '�I _I n ❑Return Receipt(hardcopy) $ Ibpbrtrp',ate _3 Pos�m k I �� ❑Certified Mall Restricted Delivery $_ d;I I ]"I I l ^�.�.' 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A Si nat ■ Print your name and address'on the reverse X ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B• eceived by(Printed Name) C. Date of Deliv ry or on the front if space permits. Z� 1. Article Aressed to: D. Is delivery address different from item 1? 13 Yes If YES,enter delivery address below: ❑No Il I Illlll I'll III I��II ll I II I i II I'll'III I I I lI III 3. Service Type ❑Priority Mail Express® ❑Adult Signature [3 Registered MaiITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 911 Certified Mail® Delivery 590 9402 7639 2122 4896 12 ❑Certified Mall Restricted Delivery ❑Signature Confirmation rm ❑Collect on Delivery ❑Signature Confirmation 9- Artir.4;Number(Transfer.from.service label)___- _ __-. ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail J21 21 2720 0003 2797 6968 ❑Insured Mall Restricted Delivery (over$500) P$Form 3811,July 2020'PSN 7530=02-000-9053 1 ; Domestic Return Receipt I SENDER: COMPLETETHIS SECT�, COMPLETE THIS SECTION ON DELIV�l 0 Complete items 1,2,and 3. 81 u M Print your name and address on the reverse 0 Agent so that we can return the card to you. i-13;Addressee 0 Attach this card to the'back of the mailplece, elved by(3qeted Name)' c-f*0.-Date.'bf,beIIvery or on the front if space permits. 1. Article Addressed to:' D. I delivery address different from item 11* yeg(A YES,enter delivery addeess belo 0 NoP,,- i De-55) c) i TS �S y I ii I-67J 3 Service Type 0 Priority Mail Express@ El Adult Signature 0 Registered MailT11 0,Adult Signature Restricted Delivery. r-I ReiseyedMail Restricted 0 Certified Mau® live y 9590 9402 7639 2122 4896 29 D Certified Mail Restricted Delivery [3 Signature Confirmation7m 13 Collect on Delivery U Signature Confirmation -EJ Called on PqIIvery.*Restictqd Pellyqry flestdcted Delivery —9—AAi�A.Aht Owl .. .. . .. . 0 Irisqi�dMaili ! I I61 Restricted Delivery \2 1 2?20 000j'�7�iiI7 6951: Einsdred M over$500) -3 F6=1381 11-1,July 26261PISN'70630-62-000-8353 i Domestic Return Receipt r. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY N Complete Items 1,2,and 3. A.781�gn�attrre—,,/, 0 Print your name and address on the reverse XAgent so that we can return the card to you. [3 Addressee. Bt-Aeceived by-rPhinted Name) I C. Date I Delivery 0 Attach this card to the back of the maillYiece, or on the front if space permits. L:0� 1. Article Addressed to: D. Is delivery address different from item 11 E3 Yes If YES,enter delivery address below: 0 No C�, QLt Ve) 3. Seice Type 0 Priority Mail Express@ U AduSignature 0 Registered MaIlTm 11 dullsignature Restricted Delivery El Registered Mail Restricted 9590 9402 7639 2122 4895 13 11 Certified Mail® Delivery U Certified Mail Restricted Delivery U Signature ConfirmationTm i M Collect on Delivery [3 Signature Confirmation 2.-ArU c I a.N u m ber-(TranSfor-tirom-SerlljdEL label) El Collect on Delivery Restricted Delivery Restricted Delivery 0 Insured Mail 0 Insured Mall Restricted Delivery b2-1-2-720 0003� 2797 7064 PS Fbrlm'1381 il,July k2d PSN 7.1601021060-605$; i i Domestic Return Receipt SENDER:comPLEYE THIS SkCTION COMPLET-k THIS SECTION ON DELIVERY W Complete items 1,2,and 3. X, re 0 Print your name and address on the reverse El Agent 4 so that we can return the card to you. ressee R Attach this card to the back of the mailpiece, C. ry ate of Pelive or on the front if space permits. Il I(L I z--?.., 1. Article Addressed to, D. Is delivery address different from item 1 11 Yds If YES,enter delivery address below: El No rK -3A Y fII3. Service Type 0 Priority Mail Express@ 0 Adult Signature 0 Registered Mail- 0 Adult Signature Restricted Delivery El Registered Mail Restricted, 9590 9402 2559 6306 6833 46 0 Certified Mall(D Delivery 0 Certified Mail Restricted Delivery 11 Return Receipt for El Collect on Delivery Merchandise 1_2_Article_NumberlTransfer f—rom service lab 11 Collect on Delivery Restricted Delivery 0 Signature Confirmation 0 Insured Mail 0 Signature Confirmation �2.006.40 0-000 0559 8897 0 nsured Mail Restricted Delivery Restricted Delivery t (over$500) P -�6rm8'811'july-"2did 'PS'�[7'6'30-02!ob'o!90'9'3 S ;Domestic R.etu'rn,Receipt br. Dominick J. Morreale j 20 Highland Avenue Head of the Harbor, NY 11780 Dr.dommorreale@optonline.net (631) 838-8576Rea!VV NOV ti.� 2022 November 21, 2022 g°ate, Ms. Donna Westermann ZOnln9 of Appeals Zoning Board of Appeals PO Box 1179 Southold, NY 11971 - RE: Edward and Monica Harbes ZB Dear M estermann: In accordance with your instructions, each of the owners of the residential properties that were identified by your office has been notified of the change of location of the ZBA hearing scheduled for the above noted appeal on December 1, 2022. The notification was sent via a letter, a copy of which is attached. Please note, the letter was only sent to the residential property owners as the agricultural properties are"all owned by the Harbes family and they are well aware of the change in the location of the hearing. As always, I appreciate your assistance. Si cerel , _Dominick J. Morreale, Ed.D. If you would like any further information about this project please do not hesitate to contact me at 631-835-8484. In advance; Monica and [thank you for your support and look forward to seeing you;at,th6'213A meeting.' Sincerely, Edward Harbes Attachments: ZBA Legal Notice ' ­7 Laserfiche Instructions Site Plan 'j. Edward, and,f C, JcaFftWWP, 715..Hallock.L 0 n, c ,j. ne PO Box 44 Y 195� Mattituck, NY 1952" c . November 21, 2022 Re: SCTM # 1000-112-'1-74.4 Pool House-side yard.. Variance request of ZBA #7715 Dear Mattituck Neighbor: We previously wrote to inform you of a side yard variance we are seeking from the Southold Town Zoning Board of Appeals (ZBA). Since the writing of that letter we have received a notice from the ZBA that the location of the meeting has been changed. The date of December 1, 2022 and time (1:30 PM) remain the same but the location has been moved to: The Peconic Recreation Center 970 Peconic Lane Peconic, NY. Once again, Monica and I look forward to your support for this request and to seeing you at the meeting. Sincerely, Edward Harbes BOARD MEMBERS ��rjF SOOT J Southold Town Hall Leslie Kanes Weisman,Chairperson yo 53095 Main Road•P.O.Box 1179 !O Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes N ac Town Annex/First Floor, Robert Lehnert,Jr. • �OQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento lif'COU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS August 23, 2022 TOWN OF SOUTHOLD 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 #: 7715 Owner/Applicant: Harbes Family Trust, LLC Action Requested: construct an accessory pool house at an existing single family dwelling Within 500 feet of: (X) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land (X) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By: Encls. Site Plan/Survey: Kenneth Woychuk, dated July 27, 2022 BOARD MEMBERS rj� so Southold Town Hall Leslie Kanes Weisman,Chairperson ��� �'® 53095 Main Road• P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. ® a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��C®UNTY, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 •Fax (631)765-9064 August 23, 2022 ROEC 1V E Mark Terry, Assistant Town Planning Director AUG 2 3 2022 LWRP Coordinator Planning Board Office Southold Town Town of Southold Planning Board Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #7715 —Harbes Family Trust, LLC Dear Mark: We have received an application to construct an accessory pool house at an existing single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: U,euvyyuc,� Encl. Site Plan/Survey: Kenneth Woychuk, dated July 27, 2022 BOARD MEMBERS ®f SO Southold Town Hall Leslie Kanes Weisman,Chairperson �� �'® 53095 Main Road-P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento 00UNT`1Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 -Fax (631) 765-9064 August 23, 2022 Suffolk County Soil and Water Conservation District Attn: Corey Humphrey 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA# 7715 — Harbes Family Trust, LLC Dear Sir or Madam: We have received an application to construct an accessory pool house at an existing single family dwelling, shown on the enclosed survey. The hearing on this application is expected to be held in approximately four weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for your assistance in an evaluation. and recommendations for this proposal. Thank you for your assistance. Very truly yours, Leslie K. Weisman Chairperson By: Encls. Survey/Site Plan: Kenneth Woychuk, last dated July 27, 2022 BOARD MEMBERS ®Su�F®(�� Town Hall Annex Leslie Kanes Weisman,Chairperson 53095 Route 25,Main Road Patricia Acampora �� �� P.O. Box 1179 Eric Dantes Southold,NY 11971 Robert Lennert,Jr. ® Telephone(631)765-1809 Nicholas Planamento http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD December 20, 2022 Dominick Morreale 20 Highland Avenue Head of the Harbor,NY 11780 RE: ZBA#7715, Harbes 715 Hallock Lane, Mattituck SCTM No. 1000-112-1-7.4 Dear Mr. Morreale; Transmitted for your records are copies of the Board's December 15, 2022 Findings, Deliberations and Determination,the originals of which were filed with the Town Clerk regarding the above variance applications. Before commencing any construction activities, a building permit is necessary. Please submit two original signed and sealed Architectural Plans of the proposed pool house and outdoor shower, and be sure to submit an application along with a copy of the attached determination to the Building Department. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals If you have any questions,please don't hesitate to contact our office. Sincerely Kim E. Fuentes Board Assistant Encl. cc: Building Department Westermann, Donna From: Westermann, Donna Sent: Tuesday, September 20, 2022 3:04 PM `! To: 'Dr.DomMorreale' Cc: Fuentes, Kim; Sakarellos, Elizabeth `Dl� Subject: RE: Harbes Family Estate LLC#7715 ZBA application V0, Attachments: #7715 survey.pdf,#7715 plan.pdf ✓� Hi Dom, So after reviewing your email,we have some follow up questions. The shed that are your referring to that is moving to the east side of the pool (highlighted in yellow)—is this the same shed that is on the property already? (highlighted in pink) Please see attached copy of survey submitted. If that is the case,,then the survey should reflect the actual size of the pool house requested—9'6" x 15'6". Please have the survey updated accordingly and provide our office with two (2)full size original surveys signed/stamped and six 11x17 copies. Thank you, Donna From: Dr.DomMorreale<Dr.Dom Morreale@optonline.net> Sent: Monday, September 19, 2022 6:03 PM To: Westermann, Donna <donnaw@town.southold.ny.us> Subject: RE: Harbes Family Estate LLC#7715 ZBA application Hi Donna—Sorry for causing confusion. When we started the project the Harbes family had said a 10x16 shed would be a good size for a pool house. Not long afterwards they realized they had a shed on farm that is seldom used and would, with some minor changes, do very well as a pool house. It's actual size is 9'6"x 15'6" and is displayed in the layouts we submitted. Therefore, in all instances concerning the variance the actual size of the pool house is 9'6"x15'6". As always, I thank you for helping in this matter. Sincerely, Dom From: Westermann, Donna Sent: Monday,September 19, 2022 12:54 PM To: Dr.Dommorreale@optonline.net Cc: Sakarellos, Elizabeth Subject: Harbes Family Estate LLC#7715 ZBA application Good afternoon Dr. Morreale, Our office has been reviewing your ZBA application and we notice a discrepancy regarding the size of the pool house/cabana. On the survey it shows 10 ft x 16 ft, and the plans show 15 ft 6 in. x 9 ft 6". Please confirm the size.of the structure so all documentation is correct. Thank you, Donna 1 Dr. Dominick J. Morreale t 20 Highland Avenue Head of the Harbor, NY 11780 Dr.dommorreale@optonline.net (631) 838-8576 December 5, 2022 � ® 6�p1ti Leslie Kanes Weisman, Chairperson pEC pp�►i� Southold Zoning Board of Appeals ���pp►RDOF� P. O. Box 1179 ZON1 Southold, NY 11971-0959 Re: Harbes Family Estate, LLC 715 Hallock Lane, Mattituck SCTM# 1000-112-1-7.4 ZBA # 7715 Dear Chairperson Weisman: With reference to the above noted ZBA application and the ZBA resolution of December 1, 2022, attached please find an addendum that reference the outdoor shower. This shower is intended to be attached to the discussed pool house. On behalf of the Harbes family I thank you for reminding us that the shower needed to be incorporated in the overall pool house proposal. Should you need any further information please do not hesitate to contact me. Si cerel Dominick J. reale, Ed.D. Cc: Edward and Monica Harbes S.C.T.M.# DISTRICT 1000 SECTION 112 BLOCK 1 LOT 7.4 & 7.5 #R-20-0779 SouND ISLATCH LINE RECEIIV 1 G�oAUG 19 2022 6 ,03332,41++ g N 76 „Kw — Zoning 3oard' of r,ppeajs --TOE OF BLUFF s ESQ OF �p 170--'/ 1 a r G��B `•i 3A�� � ro 0 ss •.fl r � `00 X98 w � 00 \ MIL 1 1 � DWELL \ \ I of w/wEtt WATER a i PROPOSED 9a CAv, TYPICAL DRYWELL CROSS SECTION CABANA Bq \ \ r MAP OF HARSE5 MATTaVCK FARM, LLC .� � (GONG. PRECAST COMPONENTS) c \\ up 0 10940 0, _ r o 6+3,0s" / ur ;FILED APRIL 29, 2003 10 5� I O LOT 2 6"SLAB FOR NON-TRAFFIC BEARING s• SLAB FOR TRAFFIC BEARING HEAVY DUTY \ ! P/0 LOT 1 / ! 3 Z APPROVED INLET PIPE CAST IRON FRAME AND APPROVED OUTLET PIPE R X102— } U. �. S.C.T.M.�J000-112-1-7.4 / DWELLING + 0+' �" MIN. 4" DIA. COVER TO GRADE TO EXPANSION NGS \ \� 4.3 ACRES / / .� rev+ WfWEI L WATER S 6,loq\0 PITCHED 1/s%1' PITCHED 1/8%1' ZONED R_ F-1 ' / / 1 0 ZONIED AC IwP a ❑ ❑ ❑ 0 `SNE I : `: ::>:: :f;;:;:i;;;::a 1 fz LAND N/F OF / / Qa94 10 (71 STATE OF NEW YORK ( 106 /_, Oi 13 6 VACANT o �, � PARK AREA / / 150' 92/ �9 / s0 "l, 4p 3' MIN. ' V150'� �,�' /// P/0 LOT 1 /� COLLAR MAP OF HARBES MATTITUCK FARM, LLC BACK FILL MATERIAL TO BE X001/10940 90 / , CLEAN SAND AND GRAVEL FILED APRIL 29, 2003 / LAND N/F OF 69� HARBES FAMILY ESTATE LLC sell / TOWN OF SOUTHOLD (DEVELOPMENT RIGHTS) / S.C.LM.#1000-112-1-7.5 22.0 ACRES 64' VACANT - AGRICULTURAL LAND �� DRAINAGE CALCULATIONS: NO STRUCUTRES PROPOSED HOUSE W/COVERED POCHES=4124 SQ.FT. �0 4124 x 0.166-685cf REQUIREDS70 PROPOSED GARAGE=805 SQ.FT, 4°03 30„E 805 x 0.166=134cf REQUIRED TOTAL: 819cf REQUIRED - -o.191 (2) 10'DIA x 6' DEEP DRYWELLS=821cf PROVIDED O's�o,�t� Z � s�� ss � PROPOSED 1450 S.F. DRIVEWAY EXTENSION 1450 x 0.166=241 cf REQUIRED (1) 8'DIA x 6' DEEP pRYWELt=265cf PROVIDED w o cn � TYPICAL SILT `fl SCREEN SECTION O GEOTEXTILE FABRIC SUPPORT POSTS z WOOD OR METAL FLOW DIRECTION CXCAVATED AND BACKFILLED TRENCH EXISTING GROUND w !�I I�I�I IJI I I 1 I�I I- �'; ill I- I I�I i- I I�I Imo: .•� � ”' 1=111- �I��Jil IIID-ll-I I LIL�II 111 1111 T MINWim a �O ( l � O w � WELL CONSTRUCTION DETAIL I "=40' #R-20-0779 w q�Z DWELLINGS o W/WELL WATER 1 y� 96 G�P��1. SILT FENCE / PROPOS 3,. ! ' /'` \ �J o +/ 426.85' ! �� o� G'.p \ i 8.50' ! 12'x16' WELL 9 \ I N 89 53 00 W CABANA W BATH 7 \ I /,98 FFL(101.5 4 RUNFOOT�H \ E FE>sc c+ i iCX8ML1 INVOUT T 0 0 9j" i ' \ SOUND AVENUE o° -.1 �G CLEAN OUT AT . 1. INV 94 2 ,� 30 11 Gi U.P. / / r N F sEPTTc TANK INV. 9i.o ` Y / N ,- / It- _ 25 1O L1cil CKPO� �� NEMIPY ` 1 W rn 1 6' STO PPV- OR 100 SEPTIC LOCATION p c� 57 \ !9/,8 POINT"A" POINT"B" USz R 0 S.T. 21 U.P. P/0 LOT 1102 ' 0�o o L.P. 48 o L.P.2 1 -ba,o �L `\ ROP. :p / / r"� -.�► o tn ori \ L GAS $ / / / �2 U R-80 �, T g• / ! ZONED R-- o 'p 0,N g ZONED AC oo DRY , CLS 3 C g � Tn !i 0'r s.e X 9o�c6\ EPUp j �O \ 1 ° DRY WELL $Ox DEEP �N ,S� 106, 2 1 EX 50\3o P`I 1�A , /a 50 7 BEDROOM SYSTEM o- ag•`°� �• ::a:::s `''� tto c .... 4 SILT FENCE ALONG / P� QQ I / �� S co erg c �.....'�:.:.:.:.: ..�.:. \ i -� 2000 GAL S.T. 10 0x4 EFF DEPTH / + e .••.••••.••I.•.••• :•:•:• cF PROPOSED LIMIT 1 I pA +.e:.. a p.B::::.:.... �.::::•:....:•.\ OF DISTURBANCE t / I (2)10 Ox8 DEEP L.P. t ::.'a SV cam': ......:.:..,..... : ' LOW IRON 1 ......... ' ::..'..°cryo •?:':•:::':'_:. .goo ^, '' \\ % J may'' 1 �.3 / �::: ':':: I FF! ..'........ ... ' e J �i I /' 1 . ! 41 dOo w i DRY WELL / -o'/ 1 ELEV. 94.0 - Iso, :;3a...�6:.. / 110*6'DE6dI i NPR SM . { 1P ta OL Dgo'� o .�/! SANDY LOAM 96 I aD —2' S6 0 BROWN \ 94 OSAND 106 S ' ir N -- 5 \ WELL / �E�.o / 98 PALE Dim P/0 LOT 1 BROWN .t VINE.., / AGE / MEDIUM MAP OF HARBES MATTITUCK FARM, LLC SP SAND \ !! ��!� DSS/`II\R // #10940 GRAVEL VACANT •'''102 / FILED APRIL 29, 2003 150' / TYPICAL CLEAN OUT \ r�% / // VACANT LAND HARBES FAMILY ESTATE LLC �6= SLATE OR / 100 150 SUITABLE COVER 'N OR PLSTOPPUG END ! TOWN OF SOUTHOLD (DEVELOPMENT RIGHTS) / REVISED SEPTIC LINE 07-27-22 S.C.T.M.#1000- 112- 1 -7.5 NO WATER ADD CABANA/SEPTIC 06-06-22 VACANT — AGRICULTURAL LAND McDONALD GEOSCIENCE 7 3060 LWYF SEPTIC LOCATION 05-18-22 REVISED DRAINAGE 04-01-22 NO STRUCUTRES SL-pr. 2001 REVISED 03-09-22 AS SHOWN ON FILED MAP ADD PROPOSED POOL 01-31-22 FLOW FOUNDATION LOC. 12-14-21 519 00+ a� o� o� a a; UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE£DUCA770M LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED 70 BE A VAUD TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY 70 THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION J'F, 36+g0 , LISTED HEREON, AND TO 7HE ASSIGNEES OF 77-IE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. ap" $691' THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE vl NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE EREC770M OF FENCE$ ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT 7HE TIME OF SURVEY aCPO pl SURVEY OR P/0 LOT 1 CERTIFIED T0: HARBES FAMILY ESTATE LLC; ZONED AC MAP OF: HARBES MATTITUCK FARM, LLC FRONT SETBACK: 60'MIN 0 1$ FILED: APRIL 29, 2003 No.10940 REAR SETBACK: 75'MIN leo2+4B+ SITUATED AT: MATTITUCK SIDEYARD SETBACK: 20'MIN, 45' TOTAL S qA oo �j TOWN ORSOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC THE WATER SUPPLY. WELD DRYKnLS AND CESSPOOL a LOCATIONS SHOWN ARE FROM F7ELD OBSERVA7701VS SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design AND OR DATA OBTAINED FROM OTHERS P.O. Boa 153 Aquebogue, New York 11931 _ �+ + � PHONE (831)298-1588 FAX (631) 298-1588 ELEVATION DATUM: NAVD88 MATCH UNE RLE Ii 220-15 SCALE: 1 =80 DATE:FEB. 15, 2020 N.Y.S. LISC. NO. 050882 � w RECEIVED m z m z AUG 19 2022 10'-9" 4'-9" t 4l Zoning Board of Appeals ----------- —_.-_.— I - I I 2"x 4"@ 16"O.G. 'v g I � m POOL STORAGE BATH 10'-5"X 8'-10" v ———— —————— —— I —— 5847 I m -2 m NEwCQ Y ==y 3 —J ;C (D 1014. 4'-9" cl) O O FLOOR PLAN AREA � 1/4"= 1' 14-150 FT � O CL 0 ^^L HIGHEST RIDGE 9.3' m __ WnN� m U�C TOP OF PLATE J, N U a 6.4' w J N W m .p ray►. � V TOP OF 5U5FL00R {�j Ix 0' Do FRONT ELEVATION LEFT ELEVATION RIGHT ELEVATION U z 1/4"= 1' 1/4"= 1' 1/4"= 1' J J � O m �OD'D '~ ll•1 -i- -7 41 eta—I— 7,5746� /1� _ - ✓ top / « -7.t. 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