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JoluLt- RMtL a's �I cGSfi �-��� fir ,cc -, - � t s � — p vc :�--,1 . Owner: Smyth, John File #: 7737 Address: 29330 Route 25 C D) C Code: 13ED � � Agent Info � Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Phone: 631-765-4330 Fax: Email: pcmoore@mooreattys.com r \ KO "Kort> V BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ��®F S®U��® 53095 Main Road•P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento • 54375 Main Road(at Youngs Avenue) ® a c®U � Southold,NY 11971 RECEIVED http://southoldtownny.gov ZONING BOARD OF APPEALS IfAa 20 2023 TOWN OF SOUTHOLD Tel. (631) 765-1809 0 er FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 16, 2023 ZBA FILE: 47737 NAME OF APPLICANT: John and Margaret Smyth PROPERTY LOCATION: 29330 NYS Route 25, Cutchogue, NY SCTM No. 1000-102-6-23.1. 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 11/14/2022 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in.this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a conforming 160,367 square foot parcel located in an R-40 zoning district. The parcel runs 485.16 feet along Main Road. The parcel runs 200 feet on the west side, turns for 125.43 feet on the South side, runs 181.34 feet on the West side, runs 200.15 feet on the South side, turns 54.00 feet on the East side, runs 222.68 feet on the South side,-then runs 321.16 feet on the East side. The parcel is improved with a two-story frame dwelling with bluestone patio, a one-story frame barn, a coop, an arbor, and a carport with concrete slab. All is shown on a subdivision map entitled, "Cluster Standard Subdivisin for John and Margaret Smyth" prepared by Kenneth W Woychuck L.L.S., last revised May 4,2022. BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-13C(1); and the Building Inspector's September 1,2022 Notice of Disapproval based on an application to subdivide a lot into two parcels and maintain an existing barn, carport and"as-built" arbor; at; 1) customarily incidental accessory structures or uses are not permitted on the lot without a principal use; located at: 29330 NYS Route 25,Cutchogue,NY. SCTM No. 1000- 102-6-23.1. RELIEF REQUESTED: The applicant requests a variance to sub-divide the property into three code conforming building lots. The proposed sub-division will result in a frame barn, car port, and arbor being located on one of the vacant lots. The barn, car port, and arbor are customarily incidental accessory structures and uses and town code requires a building lot to contain a principle use in order to establish an accessory use. The subdivision which will result in accessory structures being present on a lot without a principal use is not in conformity with Town Code. Page 2,March 16,2023 #7737, Smyth SCTM No. 1000-102-6-23.1 AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant agreed to remove the car port and arbor from the proposed eastern lot (3) thereby bringing the application into more conformity with the code. ADDITIONAL INFORMATION: The applicant's representative informed the Board that the application involved a three-lot subdivision, not two lots, and indicated that the owner doesn't want to be forced to build a house, but to keep the property undeveloped as long as possible. The owner does not have any intention of demolishing the barn and would maintain it. Regarding converting the barn to a dwelling,the representative remarked that it just depends on what the future owner(s)will do. The applicant testified that the barn is a Society for the Preservation of Long Island Antiquities (SPLIA) listed structure that it is eligible for landmark status. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 2, 2023 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances 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 single-family homes, agricultural properties, and business properties. The barn has been in its present location for over 100 years. Granting of the variance will not result in any visible change to the character of the neighborhood. 2. Town Law 4267-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 demolish the barn and remove the other small accessory structures,which would enable her to complete the sub-division as of right. 3. Town Law 4267-b(3)(b)(3). The variances granted herein is mathematically substantial,representing 100%relief from the code. However, the barn is pre-existing non-conforming and of historic value, although it does not have landmark status. With the Covenants and Restrictions imposed herein as a condition of approval, a house(principal use) will be built on the parcel containing the barn within a reasonable time thereby restoring the as-built historic barn to its current code conforming status as an accessory to a principal use. 4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 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 4267-b. Grant of the relief as amended is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory barn on a sub-divided property without a principal use while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dantes,seconded by Member Lehnert, and duly carried,to GRANT the variance as AMENDED to require the applicant to remove the coop, car port and arbor to the lot with the principal dwelling, and allow the applicant to retain the barn structure. r Page 3,March 16,2023 #7737,Smyth SCTM No. 1000-102-6-23.1 SUBJECT TO THE FOLLOWING CONDITIONS: 1) The applicant shall remove the car port and arbor from proposed lot 3 to conforming locations on proposed lot 2 which contains the legal principal use(dwelling). 2) The applicant shall move the as built coop to a code conforming setback on proposed lot 2 containing the dwelling. 3) The applicant shall submit an updated survey/subdivision map showing the removal or re-location of the coop, arbor and car port in code conforming locations. 4) The applicant shall apply to have the barn landmarked with the Town of Southold Historic Preservation Commission. 5) The barn may not be demolished. 6) The applicant shall file a Declaration of Covenants and Restrictions, as approved by the Town of Southold Town Attorney, on the newly created parcels that states that a) The accessory barn, as an historic structure, must be maintained in perpetuity and may not be demolished b) The owner and all future owners of proposed lot 3 are responsible for maintaining the barn in serviceable condition including repair of leaks,and maintenance of roofing,framing and siding. c) A principal dwelling must be constructed on proposed lot 3 containing the historic barn within 6 years from the date of this decision or the subdivided lots (proposed lots 2 and 3) shall be merged into one lot in conformance with the Town Code containing the as-built dwelling and as built accessory barn thereby restoring the as-built historic barn to its current code conforming status as an accessory to a principal use. 7) The applicant must obtain subdivision approval from the Town of Southold Planning Board 8) Failure to comply with any of the conditions imposed herein will render this decision null and void. 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. IMPORTANT LIMITS ON THE APPROVAL(S) GRANTED HEREIN Please Read Carefully Any deviation from the survey,site plan and/or architectural drawings cited in this decision, or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings,siteplan and/or survey cited above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, 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 C this action. ' Page 4,March 16,2023 #7737, Smyth SCTM No. 1000-102-6-23.1 TIME LIMITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate 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),Acampora, Dantes, Lehnert, and Planamento(5-0). Z166Ali Leslie Ka es Weisman, Chairperson Approved for filing -1//7/2023 Zy DWELLINGS & MIXED USE BLDGS, rtie 40 W/PUBLIC WATER 150' CONC.AP" CM C.APRON Q COW.APRON k 9yf COW.cum CONC.CURB 0 WATER MAIN _ . . _ . . _ . . _ . . _ . . _ . . -- . . _ . . _ . . MAIN (ROAD S . 25 _ . . _ . . _ . . _ . . � . . _ . . _ . . V RQ CL 32.3 CL 32.8 CL 33.2 CL 32.8 C/ PROPOSE° NYE Jtso co"t.Cups APRON NYr151 5 15 CONC. RM P.COW-'0" CONC,lIDEW4X M M �e PA gala Eor MON. EL 32 3 141.22' EL 33.0 175 94, r EL 34.5 64 00' EL 3.9 F__Jr'MAPLE 1 535.65' sr I to = OQ .r\_ Q I I i I / 30'MAPLE THOLE o r I / EL 34.0 O W 36"MAPLP (D m o, / I ? I 30'MAPLE I' C O ti PRIMARY BLOC. ENVELOPE ~20 ~20 PRIMARY SLOG. -T FRIMARY BLDG. ENVELOPE 20.0' g m , \ EL 34.0 20.0' O m I \\ O I O ENVELOPE I I 20.0' 1�1 0 k SET 0 O 6 STOAD I \ 43960. S.F. .s.�:;:n 30'MAPLE Mil �' \ ' F I \\ 1.GG ACRES GEK .::::243'::':'.:.13 .....120':� 4'11tl00/CFWNLxIK T 1 S �` I \ 50% MAX CLEARING ALLOWED ;::;;:;swore r .:::.:i:; ::: :>i: EL 33.7 } \J ^/ OR 21.980 S.F. 'i:i'is?:;`.6}:;;;4 2 m EpN ::('<::r';??; ` 30"MAPLE »-- f O I 12"PINE :;::.::.:.:::::;:::::: ONExuNO 4o AtAPLE KEY MAP (1 -6 0 0 ) i \ i:i:i'v.:I203b <::F:ii5:9:r::(5??.-. S.T. I°LP NE'LE ` 1$0. I \ 4 � :;: •:::;g:3':;; srroNew i.`1 CUTCHOGUE NY I \ 0 4 /°� >< ...........::-0 �:77. COVERED O J r 1 z iy 1 \ EL 33.4 f�.............: aoacN EL 33.7 M+-I W \ BLUE STOW .. N \ J w Of Palo iss'` '�one © J r� g $ W14 o /! �\ W DIUE s7ONE 38"MAPLE rn Of 52,670 SQ.FT. Q M-'i + ?4 .21 ACRES Cn EL 33.6 �. 50% MAXI CLEARING ALLOWED W / \ 12"PINE aO OR 26335 S.F. 24'MAPLE C) O WO 0 2 PLE o~' SET 63,7371.46 ASO.Fr. 12'MAP E o snc ry-Q O W O / 50%MAX CLEARING ALLOWED 24"PINE 16"PINNE = d 0 3: >a OR 31,868 S.F. CA U Z 16"PINE lrcu Iv k� (Y J U Ed 3 EL 33.6 L1_ W Ld J 0 30'MAPLE EL 33.6 C NC. 20'PINE sSET iN O O - � SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES S B W N O 10. EL 32.0 20' VIDE BUFFER ( 10 B'EL 32.2 FINAL M A P MON. S 29044'00" W 125.43' MON I 16"BIRCH (D 0EVI EW E D BY Z BA Great River, New York I 18"MAPLE O 36'MAPLE I (D DECISION# �.N000/a10R""1K Ev+CE O IletF ) E� This is to certify that the proposed Realty Subdivision or Development for o _ - DATED: 3 1 I l�/ �`� MAP OF JOHN AND MARGARET SMYTH in the GATE/ 20-PINE BRICK 36"OAK Hamlet of CUTCHOGUE in the Town of SOUTHOLD with a total� �' / BBQ WOOD 3 20'PE UP of 3 lots was approved on the above dote.Water Supplies and Sewage Disposal / I 16'PIN EL 33.3 :.::-.?4�• -�- 31.3' CHICKEN % FOCllit/e3 must conform t0 COI1StnJCtlan Standards in effect at the time Of Q COOP ''� construction and ore subject to separate permits pursuant to those ~ / ............................... W standards. This approval shall be valid only if the realty LAND N/F OF WICKHAM FARMLAND LLC 40'MAPLE l ;_ subdivision/development map is duly filed with the County Clerk within LAND N/F OF COUNTY OF SUFFOLK (DEV. RIGHTS) ' [tj ZONED AC / Q (_yI \ a one year of this date. Consent is hereby given for the filing of this mop �r �: �JG/ on which this endorsment appears in the office of the County Clerk in VACANT 150' / Own a {{{ 0 accordance with provisions of the Public Health Low and the Suffolk County Sanitary Code. coo �+ CJ WALTER DAWYDIAK, P.E. 37 O ,SEW 58.68 EL 34.3 164.00' N 10 E 32.2 = Director, Division of Environmental Quality O b z MON. GATE 5' WIDE BUFFER O � �MIT: EL 32.5 W S 29044'00" W 222.68' MON' z LAND N/F OF WICKHAM FARMLAND LLC X 3 o ZONED VACANT 155 0' PRELIMINARY SUBDIVISION MAP OF 20' VIDE BUFFER 0 v EL 31.8 20' VIDE BUFFER X E. 32.4 JOHN AND MARGARET SMYTH 91.53 108.62' rT NOTE: INNOVATIVE/ALTERNATIVE ON SITE WASTEWATER TREATMENT SYSTEMS (NORWECO/FUJI) ARE REQUIRED. MON. S 29�44'00" W X 200.159 MaN. TYPICAL PLOT PLAN LOT DATA S.C.T.M.# 1000-102-6-23.1 ZONED R-40 X (NOT TO SCALE) LOT 1 LOT 2 LOT 3 TOTAL OWNER: JOHN & MARGARET SMYTH FRONT YARD SETBACK: 50' MIN LAND N/F OF WICKHAM FARMLAND LLC X PROPERTY LINE DEVELOPMENT 21,980 31.869 26,335 80.184 29330 MAIN RD. SIDE YARD SETBACK: 15' MIN (35' TOTAL) UNCLEARED 5,173 14,385 12.869 32,427 CUTCHOGUE NY 11935 REAR YARD SETBACK: 50' MIN LAND N/F OF COUNTY OF SUFFOLK (DEV. RIGHTS) BUFFER 16,807 17,483 13,466 47,756 0 34. "I hereby certify that the proposed water supply(s) and/or ZONED AC ELEV. TOTAL 43,960 1 63,737 52,s7o 160367 S.F.3.68 ACRES I sewage disposal system(s) for this project were VACANT 150' OL OR BROWN 1 2' 0 40 80 120 designed by me or under my direction. Based SANDY LOAM - upon a careful and thorough study of the soil, BROWN REVISED 06-01-24 site and groundwater conditions, all lots as SM LOAMY SAND 1.5' REVISED 03-24-24 proposed conform to the Suffolk County Depart- _ REVISED 06-05-23 NAVD88 ment of Health Services construction standards SINGLE FAMI_Y RES. REVISED 05-04-22 ELEVATION DATUM: _______________ in effect as of this date" PALE UNAUTHORIZED ALTERATION OR ADD177ON TO THIS SURVEY IS A WOLA77ON OF SECTION 7209 OF THE NEW YORK STATE EDUCA17ON LAW. COPIES OF THIS SURVEY BROWN MEDIUM CldMROOL MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN I HEREBY MA WAS MA SP ERE CERTIFY THAT THIS P S DE ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TIRE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS7772/770N OF NEB, SAND LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. D. yo FROM ACTUAL SURVEYS COMPLETED FEB 17, 2020 GRAVEL ? Ct THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE AND THAT ALL CONCRETE MONUMENTS SHOWN THUS: EI 14 3' �, NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE EREC77ON OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS e\ HEREON ACTUALLY EXIST AND THEIR POSITIONS ARE m• o I/A OWTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY N CORRECTLY SHOWN AND ALL DIMENSIONAL AND A o° SYSTEM r . E Q. ml w2 SURVEY OF: DESCRIBED PROPERTY dF r�E CERTIFIED TO: JOHN SMYTH; t w GEODETIC DETAILS ARE CORRECT. �•_ LEACHING ?�' �� to M 4, yQ 1n �` 717;ri' ; n• POOL MAP OF: �� o� MARGARET SMYTH; �f M 10' LEACHING � d / 070501 4� NO WATER MIN. 8, POOL FILED: ?�,y r� t I' i ",, .Iw CHICAGO TITLE; _ MIN. W? ' TEACHERS FEDERAL CREDIT UNION; ARDI`ESSZ�NP� MARCH i, 2022 17' S09. EXPANSION SITUATED AT: CUTCHOGUE it t- 1 KENNETH WOYCHUK LS LIC#050882 .-' �- J, a K. WOYCHUK LS I $ NPOOL TOWN OF: SOUTHOLD -_ KENNETH M WOYCHUK LAND SURVEYING, PLLC IQ MICHAEL MAPES, P.E. NYSPE LIC# 070501 UNSUITABLE SOILS SHALL BE REMOVED AND REPLACED WITH SAND AND GRAVEL, (SP OR SIN) SUFFOLK COUNTY, NEW YORK �?f osoa�2 Professional Land Surveying and Design UNDER TRENCHES EXTENDING DOWN INTO A MINIMUM SIX-FOOT STRATA OF ACCEPTABLE SANDSJ P.O. Box 153 Aquebogue, New York 11931 AND GRAVEL. EXCAVATION DEPTH TO BE TO ELEVATION 25.3' MINIMUM FROM GRADETO ENSURE ROAD FILE # 12-99 SCALE: 1"=40' DATE: FEB. 17, 2020 •� " PHONE (631)298-1588 FAX (631) 298-1588 A 6' STRATA OF ACCEPTABLE SOILS. Y.S LISC. NO. 050882 maintaining the records of Robert J. Hennessy & Kenneth M. Woychuk COUNTY OF SUFFOLK 02 f(LOO [zoning ECEIVED � � � - • 4.2022 ,- OFFICE OF TAE COUNTY EXECUTIVEBoard of Appeals Steven Bellone SUFFOLK COUNTY EXECUTIVE rah Lansdale Department of �J Commissioner Economic Development and Planning November 4, 2022 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms.Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to'be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal.File Number Smyth,-John&Margaret � mar Salice,Charles #7738 ^'\Ar Tovar, Gabriela #7740SE C-ao 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.F1 P.O.BOX 6100■ HAUPPAUGE;NY 11788.0099■(631)853-5191 RECEiw!Ei� FORM N0. 3 OCT 2 0 2022 TOWN OF SOUTHOLD BUILDING DEPARTMENT Zoning Board of Appeals SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: September 1,2022 TO: Patricia Moore.(Smyth) 51020 Main Road Southold,NY 11971 Please take notice that your application dated July 19,2022: For permit: to subdivide the Tot and maintain the existing accessory barn,carport and as- built arbor at: Location of property:29330.Route_25, Cutchogue,-NY County Tax Map No. 1000-.Section 102 Block 6 Lot 23.1 Is returned herewith and disapproved on the following grounds: The proposed subdivision is not'perniitted pursuant.to Article III section 280=13101 which states: 'AU customary structures or uses which are customarily incidental to the principal use..." The accessory structures are not permitted uses on the proposed vacant lot. 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. F. Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPE LS AN98MIDANC House No.29330 Street 29330 Route 25 Hamlet Cutchog_ue. OCT4.0 2022 SCTM 1000 Section 102 Block 6 Lot(s)23.1 Lot Size 3.68 acres Zone R-40 MWMNS WA$p8als Cluster Standard Subdivision for John&Margaret Smyth being 52,670 I fWE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 01-2022 BASED ON SURVEY/SITE PLAN DATED_(subdivision map)2/17/2020 updated 5-4-22. Owner(s): John&Margaret Smyth Mailing Address: P.O. Box 909,29330 Rt 25, Cutchogue Telephone: 516-356-5045 Fax: Email: smythcustombuilders@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: Patricia C.Moore for(X) Owner( )Other: Address: 51020 Main Rd, Southold,NY 11971 Telephone: 631-765-4330 Fax: Email: pcmoore@mooreattys.com Please check to specify who you wish correspondence to be mailed to,from the above names: (X)Applicant/Owner(s), ( )Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED_5-4-22_and DENIED AN APPLICATION DATED 07/19/2022 FOR: (X)Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: 280 Section: 13 C 1 Subsection: Type of Appeal. An Appeal is made for: (X)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal()has, ( X) has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s).(Please be sure to research before completing this question or call our office for assistance) �. �� Name of Owner:John&Margaret Smyth ZBA File# RECEIVED OCT Z;0 2022 Zoning Board of Appeals REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: the Fleet House and Barn appear on the SPLIA list. According to the Building- Structure Inventory for Historic Preservation"the barns are the original structures which were depicted in the 1882 print in Munsell. They are especially significant as rare survivors". The carport will continue to be used&the arbor is decorative. The subdivision will not change the use of existing structures or use of the property as one parcel. The owner wishes to preserve the structures and this is not possible without a variance which allows the maintenance of "accessory structures"without a principal structure. The owner uses the existing barns for his storage. At some point, the barn could be converted to a residence or a separate residence constructed. For now,the existing structures stay as constructed and the only change is the creation of a property line as shown on the proposed subdivision map. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: there is no alternative available. The subdivision of the property is creating conforming lots and the existing structures remain where they were originally constructed. To the community there will be no change to the property. 3.The amount of relief requested is not substantial because: The variance is needed to maintain the existing structures. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The variance is the least impact to the physical or environmental conditions. 5.Has the alleged difficulty been self-created? { ) Yes,or {X)No Why: the structures are existing. Are there any Covenants or Restrictions concerning this land? {X)No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. e of Applicant Authorized Agent Swor (Agent must submit written Authorization from Owner) �o before fo o 1U b 'r�e me this I� day of 120 ZE_ . Uu S- Not ryPublic KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01 DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 APPLICANT'S PROJECT DESCRIPTIO RECEIVED OCT 2..0 2022 APPLICANT: John&Mar arg et Smyth DATE PREPARED: 1.For Demolition of Existing Building Areas Zoning Board Of Appeals Please describe areas being removed:None H.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension:_N/A Dimensions of new second floor:N/A Dimensions of floor above second level:N/A Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: Y-existing one story M.Proposed Construction Description(Alterations or Structural Changes)(Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: _existing structures IV.Number of Floors and Changes WITH Alterations:No change. V. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property:—Barn—Carport arbor Proposed increase of building coverage: Square footage of your lot:Proposed Lot 3- 52,870 sgft Percentage of coverage of your lot by building area: VI. Purpose of New Construction: Existing structures "as built" VH. 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): Proposed conforming subdivision 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. 1 4/2012 RECEIVED QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION OCT ,2 Q 2022 A. Is the subject premises listed on the real estate market for sale? -t Stoning Board of Appeals X No B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. 1.)Are there areas that contain sand or wetland grasses?NO 2.) Are those areas shown on the survey submitted with this application?N/A 3.) Is the property bulk headed between the wetlands area and the upland building area? N/A 4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? N/A 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?No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. 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. Subdivision proposed 1. Please list present use or operations conducted at this parcel Barn, carport& arbor and the proposed use same .,(ex: existing single family,proposed: same with garage, Pool or other) Authorized signature and Date - OFFICE LOCATION: ---MAILING ADDRESS: Town Hall Annex OF SOU P.O.Box 1179 54375 State Route 25 �+ lyd Southold,NY 11971 (cor.Main Rd.&Youngs Ave.) Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov IyIOU RECEIVED 0CT-2;0 2022 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Zoning Board of Appeals July 12, 2022 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: SEQRA Classification & Conditional Sketch Plat Approval John and Margaret Smyth Standard Subdivision 29330 Main Road, Cutchogue SCTM# 1000-102-6-23.1 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, July 11., 2022: WHEREAS, this standard subdivision proposes to subdivide a 3.68 acre improved parcel into 3 lots; where lot 1 equals 1.01 acres, lot 2 equals 1.46 acres and lot 3 equals 1.21 acres in the R-40 zoning district; and WHEREAS, on March 29, 2022 the applicant submitted a Sketch Plan application and fee; and WHEREAS, at their work session on April 25. 2022, the Planning Board found the Sketch Plan Application incomplete; and WHEREAS, on May 9, 2022 the applicant submitted a revised Sketch Plan application, including the information needed to make the application complete; and WHEREAS, the Southold Town Planning Board has determined that the-following provisions of the Southold Town Code §240 Subdivision of Land are not requisite in the interest of the public health, safety and general welfare because this subdivision is not Smyth Standard Subdivision Page 12 July 12, 2022 clustered, no new road is proposed, and the acreage of Lot 1,2and for min to the zoning district and therefore are eligible for a waiver: RECEIVED a. Existing Resources Site Analysis Plan (ERSAP); OCT-2,O 2022 b. Yield Plan; c. Primary & Secondary Conservation Area Plan; zoning Board of.Appeals d. Draft Bond Estimate e. Performance Guarantee;.and WHEREAS,.the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed action is an Unlisted Action as it does not meet any of the thresholds of a Type I Action, nor does it meet any of the criteria on the Type II list of actions; and 'WHEREAS, on June 6, 2022, at their work session, the Planning Board reviewed the submission and found the Sketch Plat application was complete and ready for a determination pursuant to Town Code §240 Subdivision of land; therefore be it RESOLVED, that the Southold Town Planning Board has determined that this proposed action is an Unlisted Action under SEQRA as described above; and be it further RESOLVED, that the Southold Town Planning Board, pursuant to §240-56 Waivers of certain provisions, hereby waives the following provisions of subdivision: a. §240-10 (A): Existing Resources Site Analysis Plan (ERSAP); b. §240-10 (B): Yield Plan; c. §240-10 (C): Primary & Secondary Conservation Area Plan; d. Article IX Draft and Final Bond Estimate; and be it further RESOLVED, that the Southold Town Planning Board grants a Conditional Sketch Plat Approval upon the map entitled,."Clustered Standard Subdivision for John and Margaret Smyth", prepared by Kenneth M. Woychuck Land Surveying, dated February 17, 2020 and last revised May 4, 2022, with the following conditions: 1. .The existing barn and it's use after the subdivision is approved to create proposed Lot 3 must be resolved prior to final approval. Submit a request to the Town Building Department to determine whether a variance is,required for this structure to remain after the subdivision is approved. Issues may include the rear yard setback requirement and/or the use of the building as accessory without a principal structure. 2. Required amendments to the Subdivision Map: a. Establish, show and label perimeter buffers on each lot compliant with the . required limits of clearing. .A total lot area of 50 percent is permitted to be RECEIVED Smyth Standard Subdivision Page 13 -,, 2 2J2 2 22 cleared on each lot. The building envelopes canno � 8ftl �t of clearing, and must be adjusted to reflect the limits of clearing where they overlap with the clearing limits. b. Label significant trees (greater than 18" DBH) that will be retained. Integrate them in the clearing limits to the greatest extent practicable. c. Provide the location and results of a test hole. d. Clarify or remove the square footage notations under and outside of:the Lot Data table. e. Amend the SCDHS box to show the correct subdivision name. f. Show the proposed curb cut of the driveway on Lot 1 in relation to crosswalk, sidewalks, utility pole, signs, Depot Lane, and other curb cuts in the vicinity. g. Indicate on the subdivision map the future status of accessory buildings on proposed Lot 3, including the carport and the frame barn. h. Indicate on the subdivision map the future status of the existing concrete aprons and driveways.where any changes are proposed. 3. Submit a complete Preliminary Plat Application and Fee. The next step to continue towards approval is to meet all conditions stated above, and to submit a complete Preliminary Plat Application and Fee. Sketch Plan Approval shall expire six months from the date the Planning Board adopted its resolution of approval unless extended by further resolution of the Planning Board. Note that additional map changes may be required during the Preliminary Plat Application review, and upon completion of the environmental review and receipt of comments from other involved agencies and the public: Nothing shall preclude or bind the Planning Board from issuing or changing its recommendations if new information or a change in circumstances arises at or prior to the-next formal application stage. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office at (631) 765-1938. Respectfully, c`� d Donald J. Wilcenski Chairman S.C.T.M.# DISTRICT: 1000 SECTION:102 BLOCK: 6 LOT!23.1 MAIN ROAD S.R. 25 N 29-44'00" E 485.16' NON. 7— 171.16' 164.0' c 535.65' to CD w Lw. 0 Cc 0 T� 4- L) C-) A c:) 0 X o - S:L. (D ,270.24 SOFT. 43,579.11 64,DI7.35 SOFT. ra""DO ACRES 1.17 A—S I< ON. 0 S 29*44'00" W 125.43' am BRICK tTT 90 I I 0 z ca z LAND N/F OF COUNTY OF SUFFOLK to 0 cl) MOH. DATE S 29'44'00" W 222.68' to LAND N/F OF COUNTY OF SUFFOLK Z, AREA:160,367 SQ.(T. or 3.68 ACRES ELEVA DON DATUM: UNAUMM2EDALXRAnMORAOOIRONW THIS SURVEY ISANW TNTN OFSCCnON72OW THE NEW Y K STATE EGUCAnWLAW, COPIES O"MIS SURVEY MAP NOT BEARING ME LAWLiR�YCRT EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN 108.62' to to .70MCFERSONI'DIF OWFRC�SORWY ISTREPARED AND ON BEHALF TO ME RDX COMPANY,—R-EN7AL AGENCY AND LENDNoNSwAvGN To HEREON,AND TO ME ASSIGNEES HIS 0" LENDING NSn=�,GUARANTEES ARE NOT FRANEFrLRASLE, ME 0—TS ON GlIENSfON$SHONN HEREOV FROM WE PROPERTY LINO TO TI S—WES ARE FOR A SPECIFIC PURPOSE AND USE MEREFORE NEY ARE NOT INTENDED TO I ME PROPERLY LINES OR TO D.01`FENCES,ADDITIONAL S.C.OR A.0. 1.. EASEMENTS moN. NZ01OR"SURFACE S WCMRCS RECORDED OR UNRECORDED ARE NOT GUARANTEED umLEss PHYSICALLY EwDENr ON WE PREMISES AT ME WE OF SURVEY 29*44'00" W 200.15' SURa Y OF.-DESCRIBED PROPERTY CERTIFIED TO: JOHN SMYTH; MAP OF. MARGARET SMYTH; FILED: CHICAGO TITLE, LAND N/F OF COUNTY OF SUFFOLK SITUATED AY:CUTCHOGUE TEACHERS FEDERAL CREDIT UNION; TOVi.OF;SOUTHOLD KENNETH M WOYCHIJK FLLC 0.1 ILa.d Surveying I UNTY,NEW YORK Professions] eying and Design FIELD INSPECT& UPDATE SURVEY 02-77-20 SUFFOLK C P.D.ED.153 Aquebogue,N,ry York 11931 .on Fa(ml) FIELD INSPECT& UPDATE SURVEY 08-06-14 FILE A.:1-=30' DATE:AUG.26, 20121 N.Y.s usr NO.050882 ..--..—1.a.--..--...-.k P!Z77 "'F TR 'tJCTU:kt,!,'lNVENTOR C , -NI QUE' I E'lqd 1; > V T DEWSIONTO 3, RHISTORiLki:St44 V'QUA CR: :iEATION-- SERIE& Yl I A RANY;:NE%V'_ _ORK�'( T.- -NO. 7 71 7 ='QWrnT PTTA'�P EP !-Yo( Tzo-imd' lk� _S� lithold �"Offl6e i re CEIV ON ON ON TM ON 'T 20 c 22 ql AGE xtchogue�u d.,,O.- ppea s,g- )eg: f'A rivad S�,`PRFSEN.T-,OWNERt, es pies, 3 77� USE R 77 31- W. p L ntertor, -5 SCRIPTION-'� b`�;3�rt �{:la p par b f A Woud 'T AL gy. "Ti $Onry, 04 EEO nTe(a, (exnWtt ef IT j'o I L"INTEC Ifle t to i;ld'ditk-' 2- Is"Zi This -op Ac as, 0 VVITI �A . -bo 's 0. ,ge A oft th 4, 77 4b tchogue� 41 4 cute 0 PO BM 320 - 4 CATION 25 26 tcholue W ¢t Rinks' L. FtzzfT'= 4 RECEIVED G 6 :. -3 of our plates resLnt's rep # „ OCT_ 2,0 2022 OCT s of Henry I,. Fleet,,the''' 'est`Ea`mitrQn t Southold. His patat'o crop foGx88i froi ;4 :cis q,Ioo bushels,which-gietded;`ii r:�zhaads ;" Zoning Board of Appeals r of over$S,000, He had'seve``p':""r t u} ''il acres_of- that paid a,net ,fiao,s`Ctt U acres of oats produced _ re the results of hard woe dU''* #'' :':"`' { judgment,and this judgment.isthesesultoF¢Ictys:',; tion,patient experiment aad E6orough reflectwn. Fleet has a wide and rowta re , g 8'.Putatto i =tuL tta $ x y g and management of hor3es ., H �sialhaa Rr 'AWE:•, ' o t Hambl t U e onion" Gas trotted-ii«.z-s ��x"�. `�i`u 4�".'^;�:'' �&t:.�'b•' r ��. ` SG ,-„r4-. leT3e:Fex. t `' i ecd by the most noted breeders::bir; Ftee%ItE � ,,e, � number of colts and hones wlifctt'old a �iriµ' t o up to several thousand dollars, h- .t time a very superior stock of'youns.itosfs imilar returns ' `d may be expected.,:"F{oeY§V'ttrci- aae of them. Besides his oriti;hores-•be'' _ Leaps and dt eelops choice horses'CocEd e has a fine driving course,'on'.t iiicii d it are driven daily. o L.Fleet 7 i 8z `• i �w T I et was barn l3oveinber„''a ilt;- '.Betts was born February a leli';i833 li U arried Februa - 'C ; r' F r :oeh r g„ s- and•.} t;ieir c +r: bild as r't n- §ry rn as foil a t :-; « o s: William :1_,December 7thj§Sg i ��Ij _ } • 'ia x_,-August 3rst t858; Elirabctlt Qctobei'8th mma 'IV„ April 3ath t868, diet,94 acclt=t6th enry,born January 27th 1870; b`rauh;;Apni jd tit ' tint Fleet, father of HenryHenrry L. born' nz� i8d8` His wife. -il;ih i3.}G- .Rhoda A.,ivas=barn, �'� `;'''. •� .' ;? • 3 died December 3d 1844, Their er,born January=gth t8.3,died Ociobec pii i; r:, 4" anaah E.,born August 3tst tS3o,t353; Henry L., the subject of this�l Z sktte "'' ` .i_y T born January gib ts3g, and died':ssli ,¢ tit Let is a lineal descendant of the first 1Vi11'utrit b, t t t' to of the most prominent of those who settle ttle �k in O . His enealo an thdt''sidc``i5 {^t Est �� U iam Wells;2, t_et Joshua,son '.oE-'1Yittiim; % td ua,son of Ist Joshua;4,John S,Sarah,daughter of John; 6, tlu .. ..t + and R,,Fleet; T,$•it—Fleet,son of Aeig issia 1t!a, dts,daughter of John,married Renssetaa s_Fieb ,+, �•r tgton,and(tad children,one of wbom Was"', Harried Rhoda Terry,who became tde`mo •1..Flea. _',; her and a sister of H.1:,dying youar,°_tke;-• �L to bim- It has always embraced•-iP.Paalc's 'f a WhIC4 he has added by pure base a`'pa;t I Neck"making about 350 acres in atL'!It(i sntage on Pesanie.IJay,with a creek-,on�etttT led with various binds of timber,Amon 'tis' g-"* :,d cedaM =;4 Munsell. Hist ry of SuffoUk County. 1882 t f 03 Knot, Main Road, Cutchogup. - ns - Ownpr 1986 Mr. Marco.CU-36 3 barns, 2 English 3-bay, one 4-bay gambrel. 1�31 1780-1800; 1840-1860; 1850-1900. Framing typos 4, 3 in 3-bay barns, variant of 12 in gambrel. RECEIVED 24, x 36, ; 24, x 37' ; 38' x 51' . 01dast barn is hmwn oak; other 3-bay is circ. - sawn ping. Braces half-dovatailpd & spiked OCT 2,,0 2022 -xcnpt lower bracos, oldest 3-bay & gambrel. Big farm complex. 8 pro-1860 buildings. Zoning Board of Appeals Sourca: H.V. Tavas. "Barn-.Survp711. 1981 (typescript) i Sin & wo - ,M,��6'wt^y'�"4 r��-��icy,,.-.Y� __ .�h.`3:'^`.,awn`-fig,.-ti�-��. +in#`_• _ . � C.0 cs ii -- I0 roa v ✓ a�y-w�' �_ r 3 "`,'." •,, `�' ',' -1w;:-. '' i,� x�'-ale'-• rr ... ,an. »- ,r.ani...q$..u+e, xwe:rWiW�. �^+t.P:.+.•.s_ -wa?^r rC^' ' 'u'.'M' T'edclw§+.'Rr'd.+'3 v .yx-ri.,, - .,,-r,,,...bp.tw,Y.,;�,. -.»;m.y. i ., _ .. .,, ..... ,,.,w,;W:s.»f. ^..rir. a�±.�...,..^,r +>a:. .,, ..,, .., r`r.as.wa..+;w:arama+•z..a5��,* S 3L CU-36 THE M: time,, bill lie never was flic man to-he bullied b'' I % In blic ------- el opinion Or by ridicule when he thought lie was right,and tile rt-mll ill thi-i itistAnce proved he was right. One of Our plates represents the fine reside t ECEIVED 111 1867 Aft.Conklin lost at fine horse that was poisoned ce 316d rounds of Henry L. Fleet, the largest farme itt at Mineola [lie night before rare in which he was entered- n tn'"I Of S011thold. His potato rrop for 183l.i This despicable act was perpetrated by one of a clas. T 2.,0 2022 C of scomitirel,; who have infested a wres, eras 4,700 bushels,which yielded the 4 dionii and dishonored the revenue of over 85,oGo. He had seven acres of 4ull_' horse-racing business. Let us hope their strain of blood flowers, that paid a net revenue Of $2.6oa. T eippin Board of Appeals ta is about exlinrt. Mr. Conklin prized the horse "Abr- before 27 acres of oats produced 1,25o bushels. 9TF IT him Lincoln" very highly, and thinks he was (lie best crops are the results of hard l work,directed by most ex Stallion he had owned ill)to that time. cellent judgment,and this judgment is the result of close In September Of the same year lie sold "Rarus' he observation, patient experiment and thorough reflection. lin"ght Of C. F. Emery,of Lexington,K7,the—celebrated Mr. Elect his a wide and growing reputation in thi 110i'le "Wellgewnod. which he sold to Mr. Balch of breeding and management of -horses. His stalliotit- Boston, February Sill Mi, for kzo.000., In March Mqi "Fleet's H.-inibletonian" has trotted in 2:29. He is [it: bought two more horses of Mr. Emery. "King 'patronized by the most noted breeders, Mr. Fleet has Wilkcs" and "R. It. Hayes.— paying for the former raised a number of coil.s and horses which sold at prices $7,000 and for the latter q3.000. ringing ill, to several thousand dollars,and has at the "King Wilkes" is a home of great promise,and his present time a very superior stock of Young horses,from owner believes he is bound to become famous. In ad- which similar reloirns may bccxiiccled. "Fleet's Vollun- dition to these he has in his extensive stables many others leer" is one of them. Besides his own horses he cotx.'Z'of fine blood and great promise. In his large experience stantly keeps and develops choice horses for other own- in the training and developing of horses of his own and ers. He has a fine driving course, on which all horses for others, the secret of his success has been the applira- that need it are driven daily. lion Of common sense and cool judgment. Each case Henry L Fleet was born November z7th 1832. receives the kind Of attention demanded by its individual Sarah J. Betts was born February l4th 1833. They peculiarities. The results have always shown the super- were married February 20111 IS55,and their children vision of a master mind. were born as follows: "William A., December 7th z855; Richard B. Conklin was horn September 19th 1817. George H.,August 3 1 st i 85S: Elizabeth R.,October Sth He married Welme Resler June t5th jSiS,and their rS6j, Emma IV., April 3oth iS63, died 'March i6th children have been: Anna E.,born November ioth 1348, jS69; Henry, born JanuarY z7th z87o; Frank,April 23d died March z6th ISS-1: Joseph H.. born February t7th tS-,S. i SS j, now a member of the firm of H. T. Patterson 8;11 Augustine Fleet, father of Henry L,born in z8o8, T 4th 1S.O. 411T� rife;Co., z,3S Ccnier Street, New York; Sarah L., born De- dt7d �ill — fj;_Rhoda A.,was born in cember i6th I S5_3. died November gill 1354; an infant agog,and died December 3d I S44. Their children were: son born Jlllv 4th IS56, died the same day; Anna L., Rensselaer, born January z9th j3z5.died October end born \13Y. 3001 1857; Richard B.jr., born May ist tMo. 1346; Hannah E., born'August 3tst iS3o,died Septem The last two remain at their parents'beautiful home and ber 23d 1353; Henry L, the Subject of this sketch; add to its many attractions. John G., born January gth 0;q, and died when 5 Mr. Conklin has always been fearless,and outspoken months old. on'all subjects. The one thing he hates is hypocrisy— Mr. Fleet is a lineal descendant of the first William the life a contradiction of the profession. His scorn of Wells.one of the most prominent of those who settled in this has been mistaken for an unfeeling nature, but the Southold in t64o. His genealogy on that 'side is ai discerning know that no kinder heart or truer purpose follows: animates any man's life- In politics he has always been z, William Wells; 2, ISE Joshua,Son Of William; identified with the Republican party. In religious end Joshua,son of rst Joshua•; -4,John T_son of:znd2- matters he has exercised the right of individual investi- Joshua; 5,Sarah,daughter of John; 6, Augu Stme, gation.' Ile admits many of the facts of spirit communi- of Sarah and R. Fleet: 7,H. L. Fleet,son of Augustine R,—. LAL:.A, cation, and accepts the teaching that the life 2 person Sarah Wells, daughter of John,married Rensselaer Fleet Byes here is the index of that which must b ' e the begin of Huntington,and had children,one of whom Was Au 9-9,4. I one,who married Rhoda Terry,who became the mother of the hereafter, but that eternal improvement is the lot of all. Ile believes that right always pays, and of Henry J_ Fleet. wrong never,hence that pure selfishness when enlightened I A brother and a sister of H. L dying young, the will 311vaYs 0100se the best way. All of Mr. Conklin's,late fell to him. It has always embraced Poole's . views are mienbely practical. Ele greatly enjoys tlle� Neck to which he has added by purchase a part 10 '�uash Neck making about all. It art society of his family and friends,and extracts more cons- _-,io acre%in fort from life than most men. His body, his mind, his a large frontage on Peconic 13'ny, with a creek on eithe- licart, his thoughts and his plans are all of large side,fringed with various kinds of timber, among whit, (1101t1d. are fine red cedars. Munsell. History of Suffolk Count. 1882 Y' RECEIVEI CU-36 >fi s8 THE TOWN OF SOUTHOLD. tit' --- - --- ---- - - --- - --- • - -- (�rT p /� 'n � - i- division" extended from the town's old bounds at Fresh "I make my b ther JoshuX tirhtad.Ae2Q came when tt Meadows to the "Canoe Place,"or south cod of Matti- this my last will C testament,revokM&all-p r. first meeting- luck Creek. In this division the lots were laid out run. S testaments,to a all my debts �S1. p�aid. being raised c ning from the main road to lice sound,and a single lot, Zoning ljpar�i�fH4oit Rev Mr.Woe or,as it is called in the record,a "first lot,"contained The house an land men one nn hg aid The followio. ` 1:2 acres. They were probably drawn by lot,and in the are on the eastern par 431 Ebenzer f the property was ever a died to ions uses as ItaS' record of each man's )ands they are mentioned in the P I Y pl P 9ti �• Payne,ryso•. following manner: "John Goldsmith sells to Jonathan intended is unknown. The estate afterward boo" rate of Zach: Reeves a certain first lot of upland in Corehaugdivision. Parker Wickham,and was confiscated after the Jt' tlg6-18ro; 1 ?• ' bounded south by the highway and so runneth to tilt lion and sold to Jared Landon; it is now owned 182I.41;scat• North Sea Cliff." in t6Ss Sarah Youngs sells to Barna- ,ham 11.Case- 58;-James Si Las Wines -a eertaine tract of land at MattitucL•,being Another of the rally settlers was Caleb Hoktoa,ice Etuebius Ha a first lot in Curchaug Divident,containing one hundred Barnabas. In stifiq his father gave him a"third •. During the and twelve acres, boo ded west b Mattituck Creek, at Cu(chogue,bounded by Samuel King cast and p Y contention a:i east by lot of Peter Dickerson, south by the highway, min Iforton west,a tract Of-300 acres. This trot,` r meat of[ant' covered with woods,he cleared,and became a w and north by the Korth beach." This tact of land is increased by t' at the present time,afters lapse of two hundred years, farmer. 'site place of his homestead is now occupie t church was. owned by Barnabas Wines,a descendant of the first Bar- the heirs of William Wickham,who died in r359. lawsuit,and" nahas In r6;3 Jahn Goldsmith of Southampton(who waste money whit 5 ; Of the land south of the hi hwa we hate no very son of Thomas Goldsrith,and ancestor of the num '' .I g Y ry - Lord would t_ exact account of the iayingout,but it was in smaller lots families of that nannc in Southold)made an eschip `z payment of and meadow which in those days were-vcr-vjluabk' with widow Margaret Cooper of the latter town.. t.� s. I I ';y the differrn 1• were divided separately. The first two necks in Cutch- sold bcr abrcr,acrcs of land now owned by Edwin- united_ In J ogue were known in ancient times by the names of Pe- of Southold,and lying near that village•and received Presbyteriar -i quash \eck and I'uolc s \cck,though they have long return"half a third lot"at Cutchugue—t6S acres, t The last since lost these Indian names. Thep were both given by t6S4 he bought of Robert Norris another tract of Nab$ - _ ruary nand ? i the town to William Wells is r6Gt,and ue row awned acres,adjoining the fornwr on the went. This tract shod sao y p 3 by his duccrdanas of the seventh generation,though not the heart of tine village of Cutchugue,and includes SDecember E al + of the same family name. "I'aole's.Neck" is now the fat of Morgan Mort an%lands of Dr.Henry P.in* It was in ' estate of Henry 1-Fleet while Pequash• Neck is owned Nathan Goldsmith, the Cathulic church lot and• t` N arch known by Eugene If. Goldsmith. Thehistor:of these valu_ original can north to the soe adjoining(thc oril tract iidy 1 ) began his[: able traps of land'hai;been mast earcfully traced by Hon, The Ihtce acres in Southampton are now worth x to yeah In J.Wickham Case. What the 14S acres in Cutchugue are worth the owned ° capacity a { Probably one of rah=first settlers was Benjamin Hoe- can judge much bate:than the writer. The neck a A Can-r which the village of New Suffolk is situated was o'" s `- ton, who had a house here in r664. By various salts � Methodist: R. an and"th es he secured a urge estate. His will is of nally called"Robins Island Neck."and was cery,eitt g t small s tic Master Jon Booth(as he was called'b a 1' such an extraordinary nature that we give it entire. awned b Mt h 9 , _ Roman Cat I� of.pre-eminence),loselher with all the land on the ii>i@ "In ye name of Gad Amen. fcbr ye iq t683-6,ac- road at Cutcho a between the estates of He the pastor r cording to the computation of ye Church of England,I, n i we have no • Benjamin Horton,in ye County of Suffolk in ye Province Fleet and William H.H_ Case It remained in ee ; -}' we would g a_ of N.Yorke on Long Island,being in'prrfcct memory, hands of his desten6nts for some generations. doe make S ordain this my last will S icstamesat. Fort fleck was so called-in ancient times on ac—:aui= ° Sc give to Caleb fiction&Joshua Horton , of an Indian fortification which existed here at the that The Safi to Jonathan Horton & \Icrsy Youngs So bushels of , t whcatc S Indian,_o swine,_o shcep,to be devzded to °f the settlement,t.tt remains of which are still to= = ineorporat• Them four alike_ srca an the east b:nk of the creek• This neck.is o 3: t mentioned"the Old Field The chap ?. • "/null.-1 give my house\ land S meadows except ,and was doubtless culticat - ;5 "nail appt i. my Meadow of Common over the 1.ircrto the Sacramen[ by its aboriginal owners. it uan. originally disyded in _ amount o table yearly for etezmore. small lots,but these rcrc Ipoaght b;'Caleb Horton, l: l[rar.-1 give to my friend Thomas Moira ore lot Seth H_ ai the common meadows over the Rivri,and a tour as call).as zoo be owned almost the whole neck Itt si Francis R cloth that is at Slcphen Bayles, and rite tome that is remained in his farsly a<late as tSoo,and is now ow0eti lfatvin H t^ more than the S0 bushels I p;ivc to ThotOas Torten. by John Downs,who resides upon it. r A Terry,' l "i&=a I Five fen oxen lot a bell for the mreting- The population of Cutchugue in IS%was S_ house to call ve people tobeaher to worship the Lord 5' Tatham God Ctscrrcrt Ctat:erura ,�`. The co lr�m,—I give t e he rest to the I.var Flora -1 The first- give to my man JO-c ph one tor•,line Fun. PrrtlJlcriatr.—'I he church !tell to obtain which B a H Golder one shcep S his time,to be oua neat rna.-day. jamin Mutton made such hl•cral provision i. his will first treast i ell to 1 give to my sis:crs my wises cloathes to pre could hatdl). have done him couch good had it bees ` treasurer t,avadcd to than two. "Rtai—1 give all the rest of my goods to my brother, procured in his life time,so lung as ter lived in Cateh•f• elected p l Joseph Iforton. ogne and the church wee in Sonthold. But if, time soon. -• having re• Munsell. History Of Suffolk County. 1882 FORM NO. 4 WN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall RECEIVED Southold, N.Y. OCT I.0 2022 CERTIFICATE OF OCCUPANCY Zoning Board of Appeals No Z19505 Date NOV. 13, 1990 THIS CERTIFIES that the building ACCESSORY Location of Property 29330 MAIN ROAD CUTCHOGUE House No. Street Hamlet County Tax Map No. 1000 Section 102 Block 006 Lot 23.1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPT. 24, 1990 pursuant to which Building Permit No. 19431Z dated OCT. 1, 1990 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY CARPORT. The certificate is issued to EVELYN FLEET (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A Building Inspector Rev. 1/81 Town of Southold o .. 0 P.O.Box 1179 RECE '• o 53095 Main Rd ��r ® 2..0 2022 Southold,New York 11971 - Zoning Board of Appeals CERTIFICATE OF OCCUPANCY No: 41108 Date: 3/3/2020 THIS CERTIFIES that the building ADDITION/ALTERATION Location of Property: 29330 Route 25, Cutchogue SCTM#: 473889 Sec/Block/Lot: 102.-6-23.1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 12/23/2019 pursuant to which Building Permit No. 44551 dated 11/9/2016 was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: Additions and alterations to existing single-family dwelling to include a 20 kw generator as applied for The certificate is issued to Smyth,John&Margaret of the aforesaid building. I SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 44551 12/23/2019 PLUMBERS CERTIFICATION DATED 03/04/2020 isinondi u o iz Signature SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 06/04/2024 Number of Pages: 20 At: 02:08:52 PM Receipt Number : 24-0071354 LIBER: D00013251 PAGE: 339 District: Section: Block: Lot: 1000 102.00 06.00 023.001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $100.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copies $13.00 NO RPT $200.00 NO Fees Paid $353.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL VINCENT PULEO County Clerk, Suffolk County CC#: C24-26296 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK The Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 06/04/2024 under Liber D00013251 and Page 339 and, that the same is a true copy thereof,and of the whole of such original. In Testimony Whereof,I have hereunto set my hand and affixed the seal of said County and Court this 06/0412024 SUFFOLK COUNTY CLERK 0 vou-le-e� VINCENT PULEO SEAL i F21 RK-KEI: Number of pages 0 TIM 0a, 02'tCi',-":52 ?J-1 0INC-9-iT P'ji.F-0 C-ER"" OF This document will be public record. Please remove all Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed Mortgage Tax Stamp Recording Filing Stamps 3 FEES Page/Filing Fee 400 Mortgage Amt. 1. Basic Tax Handling 20. 00_ 2. Additional Tax TP-584 Sub Total Notation SpecJAssit. ry or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. Dual Town—Dual County— Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit Mansion Tax The property covered by this mortgage is Ci�tified Copy?Certified or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total C� YES or NO Other Grand Total If NO,see appropriate tax clause on page#—of this instrument. L4— U 5321373 1000 10200 0600 023001 4 Dist. 5 Community Preservation Fund Real ProperIII�I"�"III" Consideration Amount$ S Property P�� Tax Service RPM Agency CPF Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD Ik RETURN TO: Vacant Land wljz 2 TD TD Mail to: Vincent Puleo, Suffolk County Clerk 7 Title CornDany Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# Suffolk County Recording & Endorsement Page_ This page forms part of the attached )4k-a gzw j-10-1j;- made by: (SPECIFY TYPE OF INSTRUMENT) 13,11 117W The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. IM104.10108kk (over) IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE,please be aware of the following: If a portion of your monthly mortgage payment included your property taxes,"you will now need to contact your local Town T ax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 10. and on or before May 31.. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631)957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville,N.Y.11738 Shelter Island,N.Y. 11964 (631)451-9009 (631)749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y. 11937 Smithtown,N.Y. 11787 (631)324-2770 (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington,N.Y. 11743 Southampton, N.Y.11968 (631)351-3217 (631)283-6514 Islip Town Receiver of Taxes Southold Town Receiverof Taxes 40 Nassau Avenue 53095 Main Street Islip,N.Y. 11751 Southold, N.Y.11971 (631)224-5580 (631)765-1803 Sincerely, Vincent Puieo Suffolk County Clerk 12-0104 0&'06kd DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this 22"d day of April 2024,by John Smyth and Margaret Smyth residing at 29330 Route 25, Cutchogue, NY 11935 hereinafter referred to as _ "DECLARANT(S)": WITNESSETH: WHEREAS, DECLARANT(S) is/are the owner(s) of certain real property located at 29330 Route 25,Cutchogue,Town of Southold,County of Suffolk,State of New York,described in the Suffolk County Tax Map as District 1000,Section 102.,Block 6, Lot 23.1 which is more particularly bounded and described as set forth in Schedule "A" annexed hereto, hereinafter referred to as the Property; WHEREAS,the DECLARANT(S)made an application to the Zoning Board of Appeals for Variances from Article XXIII under Section 280-13C(l)and held a public hearing on this application on March 2, 2023, at which time the Board received written and oral evidence; WHEREAS, in a decision dated March 16, 2023 (Exhibit A), based upon all testimony, documentation, personal inspection of the property and other evidence, the Zoning Board of Appeals granted relief to sub-divide the property into three code conforming building lots as indicated on the subdivision map titled "Cluster Standard Subdivision for John and Margaret Smyth"by Kenneth M. Woychuk L.L.S.,last revised May 4,2022(Exhibit B); WHEREAS for and in consideration of the granting of said approval,the Zoning Board of Appeals has deemed it in the best interests of the Town of Southold that the within Covenants and restrictions be imposed on the property,and said Zoning Board of Appeals has required that the within Declaration be filed in the Suffolk County Clerk's Office;and WHEREAS,the Declarant has considered the foregoing and has determined that same will be for the best interests of the Declarant and subsequent owners of the property. NOW,THEREFORE,THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributes, successors and assigns to wit:: 1. The accessory barn, as a historic structure, shall be maintained in perpetuity and shall not be demolished; 2. The owner and all future owners of proposed lot 3 shall be responsible for maintaining the barn in serviceable condition including repair of leaks, and maintenance of roofing,framing and siding; 3. A principal dwelling shall be constructed on proposed lot 3 containing the historic barn within six (6) years from the date of the Zoning Board of Appeals decision.If a principal dwelling is not constructed on proposed lot 3, the subdivided lots (proposed lots 2 and 3) shall be merged into one lot in conformance with the Town Code containing the as-built dwelling and as- built accessory barn thereby restoring the as-built historic barn to its current code conforming status as an accessor to a principal use. THE FOREGOING covenants and restrictions shall run with the land and shall be binding on the DECLARANT(S),his/her/their heirs,assign,purchasers,or successors in interest, and upon all persons or entities claiming under them,and may not be annulled,waived,changed, modified,terminated,revoked,or amended by subsequent owners of the premises. If any section,subsection,paragraph,clause,phrase or provision of these covenants and restrictions shall,by a Court of competent jurisdiction,be adjudged illegal, unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole,or any other part or provision hereof other than the part so adjudged to be illegal,unlawful,invalid, or unconstitutional. The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any office or employee thereof. The within Covenants and Restrictions shall run with the land and shall be binding upon the Declarant and its successors and assigns, and upon all persons or entities claiming under them,and may not be annulled,waived,changed,modified,tenminated,revoked or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Zoning Board of Appeals of the Town of Southold or its successor,following a public hearing. Signatures on Following Page. 1 IN WITNESS WHEREOF,the Declarant(s)has duly executed this Declaration the day and year first above written. JollA Smyth 6 L, t ; Margaret Smyth f STATE OF NEW YORK ss: COUNTY OF SUFFOLK �}} On the L day of ?`t i in the year 2024, before me the undersigned,a Notary Public in and for said State, personally appeared John Smyth and Margaret Smyth, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity, and that by his/her/their signature(s) on the instrument,the individual or the persons on behalf of which the individual(s)acted,executed the instrument. Nota6 Public KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01 DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 Chicago Title Insurance Company TITLE NO.C I 4-7474-15516-SUFF SCHEDULE A-1(Description) ALL that certain plot,piece or parcel of land,situate,lying and being in the Town of Southold,County of Suffolk and State of New York,bounded and described as follows: COMMENCING at a point on the southeasterly side of Main Road(New York State Route 25)which said point is distant 535.65 feet southwesterly from the corner formed by the intersection of the southeasterly side of Main Road and the southwesterly side of Fleet's Neck Road,and which said point also marks the northwest corner of land now or formerly of Barbara Joan Lutz formerly of Richard R. Cifarelli)(formerly of the Estate of George H.Fleet and the northeast corner of premises about to be described; RUNNING THENCE from said point of beginning along said last mentioned land,South 60 degrees 16 minutes 00 seconds East,321.16 feet to land now or formerly of Wickham's Fruit Farm County of Suffolk Development Rights); RUNNING THENCE along said last mentioned land the following five(5)courses and distances: 1. South 29 degrees 44 minutes 00 seconds West,222.68 feet; 2. South 45 degrees 01 minutes 40 seconds East,54.00 feet; 3. South 29 degrees 44 minutes 00 seconds West,200.15 feet; 4. North 46 degrees 49 minutes 00 seconds West,181.34 feet; 5. South 29 degrees 44 minutes 00 seconds West, 125.43 feet to land now or formerly of Robert J. Molchan; RUNNING THENCE along said last mentioned land,North 50 degrees 09 minutes 20 seconds West, 200.00 feet to the southeasterly side of Main Road;and THENCE along the southeasterly side of Main Road,North 29 degrees 44 minutes 00 seconds East, 485.16 feet to the point or place of BEGINNING. THEPOLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONYEYANCING ONLY.•Together with off the right,Bile and interest of the party of the just parr,of in and to the land lying in the street in front of and adjoining said premises. SCHEDULE A-1(Detcrorion) Rev.(03/04) BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson, Oc soy 53095 Main Road•P.O.Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dante§ st Office Location: Robert Lehnert,Jr. G Town Annex/First Floor Nicholas Planamento yd 54375 Main Road(at Youngs Avenue) P' Southold NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 March 16,2023 Patricia Moore Attorney at Law 51020 Main Road Southold,NY 11971 RE:ZBA Appeal#7737,Smyth 29330 Route 25,Cutchogue SCTM Nos, 1000-102-6-23.1 Dear Mrs.Moore; Transmitted for your records is a copy of the Board's March 16, 2023 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above application, with copies forwarded to the Planning Board and Building Department. Please note this approval is subject to conditions which includes the Declaration of Covenants and Restrictions to be filed with the Clerk of the County, as approved by the Town of Southold Town Attorney. Please contact the Planning Department regarding the next step in this subdivision process. Sincerely, Kim E.Fuentes Board Assistant Encls. cc: Building Department Planning Board — | � � � - � � & � � , & K � g Q . & sd ■ j J .00'pa ##% / . . iD . � MAIN ROAD ( S.R. 25 ) 485.16` 179.94- /' 164.00' 0 24"WRE 301MAPiF 30 AtSPLE ' M RY BLDG. ElNELfp , PFdAtWr BLDG. ENVELOPE 20.0 3DIMAPLE su :.::::..:::............•.,:,• ... ;i:.,;f;,y�idYttii;::y;y:;;;yx;;x$•' r� Io"1rAPLE 40VAPLE .......::::... cam :.:::•:: .......:.' :.' a I I W T NECK ROAD ti� F a� a �N T oti A rdN rn�4f A m A � SUe�fCT Ro = D O -o C rn a Z -C O O ..i 0 od ' oo Acncs o I Q k y N i I z c ti s Coe 12'PINE a 0 16'PtNE rd. b m IiNPIF v w — oNi Mc+• S 2T44'00" W 125.43' NOK . o w x x8aQjR cl;� 201MNE 20PINE te" 4o LAND N/F OF WICKHAM FARMLAND LLC fy LAND N/F OF COUNTY OF SUFFOLK (DEV. RIGHTS) ZONED AC At r 0 ob co m38eA10 'a C18VHDIN 30 J/N (IMdI v a "00,9T®09 S a G 99 I'm Goa% cl n�ro]wort ir'.^t;i yi i}ii.iii 7 ii ii=y .6 6 cit .B,Zt LL AN IM 0 M 0 IK .. 3 N I N (L g 0 w 11-1 cl S 60'16'00` E 321.16' c p d� a �M C � � 00.) m� 401,{TO 9'14 ��°bAll S3Ny YW J°MOH k Apt�iC A�A�19POKIR X IRYt IK ° W w 0 !r W Z SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES N Great River, New Yolk 7Ms is to certify that the proposed Really Subdivision or Deve/oprn®nt for MAP OF VINEYARD VIEW in the Hamlet of CUTCHOGUE in the Town of SOUTHOLD with o total of_3_lots was oppnabd on the above dote.water Supplies and Seeop 04posal Foelflties must conform to construction standards In effect at the time of construction and ore subject to seporote permits pursuant to those standanls. This approval shall be valid only if the realty subdh6koldevelopment mop /s duty Bled with the County Clerk within one **or of this date. Consent Is heroby pivsn for the sing of this mop on whkh this endorsment appears In the office of the County Clerk In accordance with provision of the Public Health Low and the Suffolk County Sanitary Code. RECEIVED - - - W1L.lER DAWYDIAK, P.E MAY 10 _2022 °irocto' DWsion of fWroamental Quo1W Southold (Town Planning Board "'TER STANDARD SUBDIVISION FOR .� 'T in. r . 14►T 'IL W • Tl ON ♦ Tl TT r" t-t 1 AM TM T T 91.53, "a"' S 29"44'00" W LAND N/F OF WICKHAM FARMLAP LAND N/F OF COUNTY OF SUFFOLK (DEV ZONED AC "I hereby certify that the proposed water supply(s) and/or I HEREBY CERTIFY THAT THIS MAP 1 sewage disposal system(s) for this project were FROM ACTUAL SURVEYS COMPLETED designed by me or under my direction. Based AND THAT ALL CONCRETE MONUMEN' upon a careful and thorough study of the soil, HEREON ACTUALLY EXIST AND THEIR site and groundwater conditions, all lots as proposed conform to the Suffolk Countyy Depart— CORRECTLY SHOWN AND ALL OIMEN! ment of Health Services construction standards GEODETIC DETAILS ARE CORRECT. in effect as of this date" MICHAEL MAPES, P.E. NYSPE LIC# 070501 KENNETH WOYCHUK LS LIC#05088'9 NOTE: INNOVATIVE/ALTERNATIVE ON SITE WASTEWATER Gj TREATMENT SYSTENS (NORWECOIFUJI) ARE REQUIRED. 200.15 momTYPICAL PLOT PLAN (NOT TO SCALE) LOT DATA JD LLC m PROPERN E Lor , . wT z" LWOT 3 IOTA RIGHTS) EASOAM S BUFFER OM SPA IOTAL ,993e� 439W.5 SF. REVISED 05-04-22 SINGLE FAMILY RES. NAS MADE UNAUTHORIZED ALTERA770N OR ADDIT) AUGUST 1, 2015, MAP NOT BEARING THE LAND SURVEY TS SHOWN THUS: III L�TEDTHEREON,THEEAND TO THFOR E SSICNE POSITIONS ARE o THE OFFSEIS OR DIMENSIONS SHOWN. 3IONAL AND €. NOT INTENDED TO MONUMENT THE PR( �I 8 I� AND/OR SUBSURFACE STRUCTURES RE SURVEY OF: DESCRIBED PROPER! LEcNING ��e MAP OF: m lw POOL LEACHING MIN. POOL FILED: M a� SITUATED AT:CUTCHOGUE $a% EXPANSION NPOOL TOWN OF. SOUTHOLD SUFFOLK COUNTY, NEW YORK ROAD FILE / 12-99 SCALE: 1"--40' JOHN AA D MANUANET b1VI X TR S.C.T.M.# 1000-102-6-23.1 OWNER: JOHN & MARGARET SMITH ZONED R-40 FRONT YARD SETBACK: 50' MIN L 29330 MAIN RD. SIDE YARD SETBACK: 15' MIN (35' TOTAL) S.F. CUTCHOGUE NY 11935 REAR YARD SETBACK: 50' MIN . SX,10 ACR 0 40 80 120 ff a738.e SMST. ELEVA7701V DATUM.- NAVD88 (ON TO THIS SURVEY IS A wmA noy OF SEC770N 7209 OF THE NEW YORK STATE EDUCA770N LAW. COPIES OF THIS SURVEY ORS EMBOSSED SEAL SHALL NOT BE CONSIDERED 70 BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN SURVEY IS PREPARED AND ON HIS BEHALF 7O THE TIRE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77TU77ON ES OF THE LENDING /NSTI7U770N, GUARANTEES ARE NOT TRANSFERABLE. HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE JPERTY LINES OR 70 GUIDE THE ERECTION OF FENCES, ADD17701VAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS :CORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY fY CER11FIED TO: JOHN SMYTH; MARGARET SMYTH; CHICAGO TITLE; TEACHERS FEDERAL CREDIT UNION; KENNETH M WOYCHUK 1AND SURVEYING. PLLC Professional Land Surveying and Design P.O. Boa 153 Aquebogue, New York 11931 DATE: FEB. 17, 2020 PHONE (63j)296-1588 rAX (631) 298-1588 N.Y.S LISC NO. 050882 mdntdutug the rsoog a of Robed J.Henaeeq t Xemeth IL 11oyohuk AGRICULTURAL DATA STATEMENT RECEIVED ZONING BOARD OF APPEALS OCT Z.O 2022 TOWN OF SOUTHOLD Zoning Board o WHEN TO USE THIS FORM: This form must be completed by the a t for any s Rpl!k permit, site plan approval, use variance, area variance or subdivision approval on property w1 in an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: John&Margaret Smyth 2. Address of Applicant: 29330 Main Road, Cutchogue 3. Name of Land Owner(if other than Applicant): same 4. Address of Land Owner: same 5. Description of Proposed Project:_existing structures 6. Location of Property: (road and Tax map number)_29330 Rt. 25,Cutchogue NY 11935 1000-102-6-23.1 7. Is the parcel within 500 feet of a farm operation? {X } Yes { } No 8. Is this parcel actively farmed? { X} Yes { ) No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1.102-(o-23.2• W Ckhgm FGam Iond LAC-2g710 Rt25, ftou a2g, W46tgLLE 2.102- (o-2D- ') ' Intl CC6oM FortntClod LL-C---Z8710 2+25, PO6oK gz�I CtA,+choaux 3.103- 11- ]-2� WIC h�I�n �a�mlond ►-�c-2$77b p+ 25,po8okQ2g,Cu�t/,oque 4. 103- 11-23: bill CKhaM FWrml(and LLC -18110 Rf 25 , R)Pny gz`Si CGtfCkoque 5. (Please use the bac is page if there are additional property owners) Sign a e of icant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. Ful[Environmental Assessment Forin Part 1 -Project and Setting -toy-. �1► Instructions for Completing Part 1 Ei Part 1 is to be completed by the applicant or project sponsor. Responses become part orion helication for approval or fii ding, are subject to public review,and may be subject to further verification. OCT 2 0 2022 Complete Part 1 based on information currently available. If additional research or investiguld be needed to fully res and to any item,please answer as thoroughly as possible based on current information; indicate whfi39rfAPaf&mfit*pp1mW t exist, or is not reasonably available to the sponsor;and,when possible,generally describe work or to update or fully develop that information. Applicants/sponsors must complete all items in Sections A&B. In Sections C,D&E,most items contain an initial question that must be answered either"Yes"or"No". If the answer to the initial question is"Yes",complete the sub-questions that follow. If the answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the project sponsor to verify that the information contained in Part lis accurate and complete. A.Project and Sponsor Information. Name of Action or Project: ;:KZhVt�7 N�cw imc�cLr�� c�u�v��,'s c c>� Project Location(describe,and attach a general to anon map): W� - l oZ -- Cp- ---q�3- ) Brief Description of Proposed Action(include purpose or need): Name of Applicant/Sponsor: cc Telephone: s-(� -,3 o 4 �^ " �'1'� r t� OJ h2�" U�bl E-Mail cal/S Yt�L2 cal c�rz0 S(2— Address: /09 City/PO: C 'ram State: Zip Code: _ Project Contact(if not same as sponsor;give name and title/role): Telephone: Gw� , I I Oo f—pe E-Mail: Address: �, \ S i 020 J A� k On t�c1 City/PO: C' ����� �� 1 State: �n A_ TZip Code: "` II C(7 ) Property Owner (if not same as sponsor): Telephone: SCV011 . E-Mail: Address: City/PO: State: Zip Code: Page 1 of 13 B.Government Approvals B.Government Approvals,Funding,or Sponsorship. ("Funding"includes grants,loans,tax relief,and any other forms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Appl atio at Required (Actual or projected) a.City Council,Town Board, ❑Yes[VNo RECEIVED or Village Board of Trustees b.City,Town or Village 14Yes❑No Planning Board or Commission P�G I�vticv2CF[� c.City Council,Town or ❑Yes❑No Village Zoning Board of Appeals d.Other local agencies ❑Yes❑No e.County agencies FYes❑No f of f.Regional agencies ❑Yes❑No g.State agencies Wes❑No V®T.. CAfOP Cud h.Federal agencies ❑Yes❑No i. Coastal Resources. / i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? ❑Yes 6mo ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? E�`Yes01�o iii. Is the project site within a Coastal Erosion Hazard Area? ❑YesQNo C.Planning and Zoning C.I.Planning and zoning actions. Will administrative or legislative adoption,or amendment of a plan,local law,ordinance,rule or regulation be the OYesWNo only approval(s)which must be granted to enable the proposed action to proceed? • If Yes,complete sections C,F and G. • If No,proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2.Adopted land use plans. a.Do any municipally-adopted (city,town,village or county)comprehensive land use plan(s)include the site es❑No where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action ❑YesEZ<o would be located? b.Is the site of the proposed action within any local or regional special planning district(for example: Greenway ❑Yes® o Brownfield Opportunity Area(BOA);designated State or Federal heritage area;watershed management plan; or other?) If Yes,identify the plan(s): O c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ❑Yes No or an adopted municipal farmland protection plan? If Yes,identify the plan(s): Page 2 of 13 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. . ,es❑No If Yes,what is the zoning classifications)including any applicable overlay district? b. Is the use permitted or allowed by a special or conditional use permit? es❑No i c. Is a zoning change requested as part of the proposed action? V E]YesEYNo If Yes, i. What is the proposed new zoning for the site? CA. Existing community services. a.In what school district is the project site located? ' tip b.What police or other public protection forces serve the project site? y} Z,oning,P0ard Of Appea Ctnv# L c.Which fire protection and emergency medical services serve the project site? v: O`1� d.What parks serve the project site? -- J�''z...'F"G► D.Project Details D.I.Proposed and Potential Development a.What is the general nature of the proposed action(eye'.residential,"industrial,commercial,recreational; if mixed,include all components)? b.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres c.Is the proposed action an expansion of an existing project or use? 0 !es❑No i. If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g.,acre ,miles,hous' g u 'ts, square feet)? % Units: �1 ►�'RQt°IAJ� Pj ty►lOt ,� /+►gt d.Is the proposed action a subdivision,or does it include a subdivision? 0 Ces❑No If Yes, ,.... ` i. Purpose or type of subdivision?(e. .,residenti_• al, , dustrial,commercial;if mixed,specify types) H. Is a cluster/conservation layout proposed? (`j® ❑Yes MNo iii.Number of lots proposed? v ,iv. Minimum and maximum proposed lot sizes? Minimum /—GMaximum 5 3i e.Will proposed action be constructed in multiple phases? E]YesE3KO i. If No,anticipated period of construction: months ii. If Yes: • Total number of phases anticipated • Anticipated commencement date of phase I (including demolition) month year • Anticipated completion date of final phase month year • Generally describe connections or relationships among phases,including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 I ' f.Does the project include new residential uses? E es❑No If Yes,show numbers of units proposed. One Family Two Family Three Family M lti le Fay ore Initial Please At completion � %p OCT 2.0 2022 of all phases g.Does the proposed action include new non-residential construction(including p`13+i1W)$oard of Appeals E]YokMo If Yes, L Total number of structures H. Dimensions(in feet)of largest proposed structure: height; width; and length iii. Approximate extent of building space to be heated or cooled: square feet h.Does the proposed action include construction or other activities that will result in the impoundment of any E]YeiM liquids,such as creation of a water supply,reservoir,pond,lake,waste lagoon or other storage? If Yes, L Purpose of the impoundment: H. If a water impoundment,the principal source of the water: ❑Ground water❑Surface water streams[]Other specify: iii. If other than water,identify the type of impounded/contained liquids and their source. iv. Approximate size of the proposed impoundment. Volume: million gallons;surface area: acres v. Dimensions of the proposed dam or impounding structure: height; length vi. Construction method/materials for the proposed dam or impounding structure(e.g.,earth fill,rock,wood,concrete): D.2. Project Operations a.Does the proposed action include any excavation,mining,or dredging,during construction,operations,or both? Yes o (Not including general site preparation,grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i.What is the purpose of the excavation or dredging? H. How much material(including rock,earth,sediments,etc.)is proposed to be removed from the site? • Volume(specify tons or cubic yards): • Over what duration of time? iii.Describe nature and characteristics of materials to be excavated or dredged,and plans to use,manage or dispose of them. iv. Will there be onsite dewatering or processing of excavated materials? E]Yesp]No If yes,describe. v. What is the total area to be dredged or excavated? acres vi. What is the maximum area to be worked at any one time? acres vii. What would be the maximum depth of excavation or dredging? feet viii. Will the excavation require blasting? ❑YesB to ix. Summarize site reclamation goals and plan: b.Would the proposed action cause or result in alteration of,increase or decrease in size of,or encroachment E]Yes[9fqo into any existing wetland,waterbody,shoreline,beach or adjacent area? If Yes: i.Identify the wetland or waterbody which would be affected(by name,water index number,wetland map number or geographic description): Page 4 of 13 A Describe how the proposed action would affect that waterbody or wetland,e.g.excavation,fill,placement of structures,or alteration of channels,banks and shorelines. Indicate extent of activities,alterations and additions in square feet or acrh _ iii. Will proposed action cause or result in disturbance to bottom sediments? E]YesElNo If Yes,describe: N. Will proposed action cause or result in the destruction or removal of aquatic vegetation? ❑YesMNo If Yes: • acres of aquatic vegetation proposed to be removed: • expected acreage of aquatic vegetation remaining after project con] letion: EIVE • purpose of proposed removal(e.g.beach clearing,invasive species ontrol,boat access): • proposed method of plant removal: • if chemical/herbicide treatment will be used,specify product(s): v. Describe any proposed reclamation/mitigation following disturbance: 7-oning &ar 0 C.Will the proposed action use,or create a new demand for iLa er? Yes ONO If Yes: !Ike vl�` 4®®, �� Total anticipated water usage/demand per day: �L�tcLt;;hct� ��'�` g loos/day H. Will the proposed action obtain water from an existing public water sup ?��— es EINo If Yes: • Name of district or service area: A • Does the existing public water supply have capacity to serve the proposal? © es❑No • Is the project site in the existing district? Yes❑ado • Is expansion of the district needed? P s 1 No• Do existing lines serve the project site? s�ONo iii. Will line extension within an existing district be necessary to supply the project? ❑Yes L�1No If Yes: • Describe extensions or capacity expansions proposed to serve this project: • Source(s)of supply for the district: iv. Is a new water supply district or service area proposed to be formed to serve the project site? ❑Yes nNo If,Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • Proposed source(s)of supply for new district: v. If a public water supply will not be used,describe plans to provide water supply for the project: vi.If water supply will be from wells(public or private),maximum pumping capacity: gallons/minute. d.Will the proposed action generate liquid wastes?r Ulu ` ,A hb ) C,ol� •" E(Yes�No If Yes: \ (, i. Total anticipated liquid waste generation per day: L i, ,, 'gallons/day P.(,r SC.-H b.` 4 ii.Nature of liquid wastes to be generated(e.g.,sanitary wastewater,industrial; if combination,describe all compone'hts and approximate volumes or proportions of each): -W a& . iii. Will the proposed action use any existing public wastewater treatment facilities? E]YesONo If Yes: • Name of wastewater treatment plant to be used: • Name of district: • Does the existing wastewater treatment plant have capacity to serve the project? ❑Yes ONo • Is the project site in the existing district? ❑Yes❑No • Is expansion ofthe district needed? ❑YesONo Page 5 of 13 • Do existing sewer lines serve the project site? ❑Yes No • Will line extension within an existing district be necessary to serve the project? ❑Yes❑No I f Yes: • Describe extensions or capacity expansions proposed to se this prof, & ENED iv. Will a new wastewater(sewage)treatment district be formed to serve t ie projeX071,0 2022-- []Yes No If Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • What is the receiving water for the wastewater discharge? v. If public facilities will not be used,describe plans to provide wastewater treatment for the project,including specifying proposed receiving water(name and classification if surf e discharge,or describe subsurface disposal plans): vi. Describe any plans or designs tp capture,recycle or reuse liquid waste: —klocpakp e.Will the proposed action disturb more than one acre and create stormwater runoff,either from new point ❑Yes ffNo sources(i.e.ditches,pipes,swales,curbs,gutters or other concentrated flows of stormwater)or non-point source(i.e.sheet flow)during construction or post construction? If Yes: L How much impervious surface will the project create in relation to total size of project parcel? Square feet or acres(impervious surface) �I Square feet or acres(parcel size) (1'01� Vac&O�) types ii. Describe es of new point sources. C-mCr `'V1k0 - iii. Where will the stormwater runoff be directed(i.e.on-site stormwater management facility/structures,adjacent properties, groundwater,on-site surface water oi off-site surface waters)? • If to surface waters,identify receiving water bodies or wetlands: • Will stormwater runoff flow to adjacent properties? ❑YesU o iv. Does proposed plan minimize impervious surfaces,use pervious materials or collect and re-use stormwater? ❑Yes f. Does the proposed action include,or will it use on-site,one or more sources of air emissions,including fuel E]YesEfNo combustion,waste incineration,or other processes or operations? If Yes,identify: i.Mobile sources during project operations(e.g.,heavy equipment,fleet or delivery vehicles) ii. Stationary sources during construction(e.g.,power generation,structural heating,batch plant,crushers) iii. Stationary sources during operations(e.g.,process emissions,large boilers,electric generation) g.Will any air emission sources named in D.2.f(above),require a NY State Air Registration,Air Facility Permit, ❑Yes o or Federal Clean Air Act Title IV or Title V Permit? If Yes: i. Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet ❑Yes❑No ambient air quality standards for all or some parts of the year) U. In addition to emissions as calculated in the application,the project will generate: • Tons/year(short tons)of Carbon Dioxide(COZ) • Tons/year(short tons)of Nitrous Oxide(NZO) • Tons/year(short tons)of Perfluorocarbons(PFCs) • Tons/year(short tons)of Sulfur Hexafluoride(SF6) • Tons/year(short tons)of Carbon Dioxide equivalent of Hydroflourocarbons(HFCs) • Tons/year(short tons)of Hazardous Air Pollutants(HAPs) Page 6 of 13 h.Will the proposed action generate or emit methane(including, 11 11ted to sewage trea ment plants, ❑ �'Yes No landfills,composting facilities)? RECEIVED If Yes: i. Estimate methane generation in tons/year(metric): ii.Describe any methane capture,control or elimination measure includeac brIC4n(e.g.,combustion to generate heat or electricity,flaring): i.Will the proposed action result in the release of air pollutants fr - it o erations or procesles,such as Elyes&No quarry or landfill operations? If Yes:Describe operations and nature of emissions(e.g.,diesel exhaust,rock particulates/dust): j.Will the proposed action result in a substantial increase in traffic above present levels or generate substantial E]YeqRfNo new demand for transportation facilities or services? If Yes: J. When is the peak traffic expected(Check all that apply): ❑Morning ❑Evening ❑Weekend ❑Randomly between hours of to ii. For commercial activities only,projected number of semi-trailer truck trips/day: iii. Parking spaces: Existing Proposed Net increase/decrease iv. Does the proposed action include any shared use parking? ❑Yes No v. If the proposed action includes any modification of existing roads,creation of new roads or change in existing access,describe: vi. Are public/private transportation service(s)or facilities available within %mile of the proposed site? ❑Yes[—]No vii Will the proposed action include access to public transportation or accommodations for use of hybrid,electric ❑YesFlNo or other alternative fueled vehicles? viff.Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing ❑YesnNo pedestrian or bicycle routes? k.Will the proposed action(for commercial or industrial projects only)generate new or additional demand ❑Yes ' o for energy? If Yes: f.Estimate annual electricity demand during operation of the proposed action: ii.Anticipated sources/suppliers of electricity for the project(e.g.,on-site combustion,on-site renewable,via grid/local utility,or other): iff. Will the proposed action require a new,or an upgrade to,an existing substation? ❑YesFlNo 1.Hours of operation. Answer all items which apply. t �� i.During Construction: U. During Operations: • Monday-Friday: a Monday-Friday: • Saturday: 9 Saturday: • Sunday: 0 Sunday: • Holidays: 0 Holidays: Page 7 of 13 ni:Will the proposed action produce noise that will exceed existing ambient noise levels during coi r1"�' ❑Yes No operation,or both?1f yes: i. Provide details including sources,time of day and duration: RECEIVED H. Will proposed action remove existing natural barriers that could act as a nc ise barrier ors e ❑Yes ONo Describe: Zoni n.. Will the proposed action have outdoor lighting? ❑Yes o If yes: i. Describe source(s), location(s),height of fixture(s),direction/aim,and proximity to nearest occupied structures: H. Will proposed action remove existing natural barriers that could act as a light barrier or screen? ❑Yes ONo Describe: o. Does the proposed action have the potential to produce odors for more than one hour per day? ❑Yes No If Yes,describe possible sources,potential frequency and duration of odor emissions,and proximity to nearest occupied structures: p.Will the proposed action include any bulk storage of petroleum(combined capacity of over 1,100 gallons) ❑Yes Ef4o or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i.Product(s)to be stored ii. Volume(s) per unit time (e.g.,month,year) iii. Generally describe proposed storage facilities: q.Will the proposed action(commercial,industrial and recreational projects only)use pesticides(i.e.,herbicides, ❑Yes �o insecticides)during construction or operation? If Yes: i. Describe proposed treatment(s): H. Will the proposed action use Integrated Pest Management Practices? ❑ Yes ❑N r.Will the proposed action(commercial or industrial p c o )involve or require the management or disposal ❑ Yes o of solid waste(excluding hazardous materials)? If Yes: i.Describe any solid waste(s)to be generated during construction or operation of the facility: • Construction: tons per (unit of time) • Operation: tons per (unit of time) ii. Describe any proposals for on-site minimization,recycling or reuse of materials to avoid disposal as solid waste: • Construction: • Operation: iii. Proposed disposal methods/facilities for solid waste generated on-site: • Construction: • Operation: Page 8 of 13 s.'Does the proposed action include construction or modification of solid waste management facility? ❑ Yes JJ No If Yes: i. Type of management or handling of waste proposed for the site(e.g.,recy ling or transfer station.composting,landfill,or other disposal activities): ii. Anticipated rate of disposal/processing: • Tons/month,if transfer or other non-combustion/thermal trc atment,a • Tons/hour, if combustion or thermal treatment 6CT•1.0 2022 iii. If landfill,anticipated site life: yez rs t.Will proposed action at the site involve the commercial generation,treatment stZaqh)9r$64ndadfo,A4peabu ❑Yes o waste? If Yes: i. Name(s)of all hazardous wastes or constituents to be generated,handled or managed at facility: H. Generally describe processes or activities involving hazardous wastes or constituents: iii.Specify amount to be handled or generated tons/month iv. Describe any proposals for on-site minimization,recycling or reuse of hazardous constituents: v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? ❑Yes❑No If Yes:provide name and location of facility: If No:describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: E.Site and Setting of Proposed Action E.I.Land uses on and surrounding the project site a.Existing land uses. i. Check all uses that occur ,adjoining and nee the project site. ❑ Urban [/Industrial M Commercial ff Residential(suburban) ❑ Rural(non-farm) ❑ Forest 2 Agriculture ❑ Aquatic ❑ Other(specify): H. If mix of uses,generally describe: b.Land uses and covertypes on the project site. Land use or Current Acreage After Change Covertype Acreage Project Completion (Acres+/-) • Roads,buildings,and other paved or impervious �,rvLc surfaces WtLv�1-- (-�0 • Forested C 0 • Meadows,grasslands or brushlands(non- ., agricultural,including abandoned agricultural) 0 0 • Agricultural (includes active orchards,field,greenhouse etc.) • Surface water features (lakes,ponds,streams,rivers,etc.) C) 0 • Wetlands(freshwater or tidal) • Non-vegetated(bare rock,earth or fill) • Other Describe: Page 9 of 13 c:Is the project site presently used by members of the community for public recreation? ❑YesffNo i. If Yes:explain: d.Are there any facilities serving children,the elderly,people with di abilities 01fial , lospitals,licensed ❑Yes[91�o day care centers,or group homes)within 1500 feet of the project sit ? If Yes, OCT.2; Z�ZZ i. Identify Facilities: rd of APPe e.Does the project site contain an existing dam? ❑Yes o If Yes: i. Dimensions of the dam and impoundment: • Dam height: feet • Dam length: feet • Surface area: acres • Volume impounded: gallons OR acre-feet ii. Dam's existing hazard classification: W. Provide date and summarize results of last inspection: f.Has the project site ever been used as a municipal,commercial or industrial solid waste management facility, ❑Yes M o or does the project site adjoin property which is now,or was at one time,used as a solid waste management facility? If Yes: i. Has the facility been formally closed? ❑YesO No • If yes,cite sources/documentation: ii.Describe the location of the project site relative to the boundaries of the solid waste management facility: iii. Describe any development constraints due to the prior solid waste activities: g.Have hazardous wastes been generated,treated and/or disposed of at the site,or does the project site adjoin [3YesER&o property which is now or was at one time used to commercially treat,store and/or dispose of hazardous waste? If Yes: i. Describe waste(s)handled and waste management activities,including approximate time when activities occurred: h. Potential contamination history. Has there been a reported spill at the proposed project site,or have any ❑Ye No remedial actions been conducted at or adjacent to the proposed site? If Yes: i.Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ❑YesoNo Remediation database? Check all that apply: ❑ Yes—Spills Incidents database Provide DEC ID number(s): ❑ Yes—Environmental Site Remediation database Provide DEC ID number(s): ❑ Neither database ii. If site has been subject of RCRA corrective activities,describe control measures: iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? ❑Yes No If yes,provide DEC ID number(s): iv. If yes to(i),(ii)or(iii)above,describe current status of site(s): Page 10 of 13 ------------------ b. Is the project site subject to an institutional control limiting property uses? ❑Yes No • If yes,DEC site ID number: • Describe the type of institutional control (e.g.,deed restriction or easement): • Describe any use limitations: ME%BE • Describe any engineering controls: • Will the project affect the institutional or engineering controls in lace? OCT2�22 ❑Yes❑No • Explain: 2. Appeals E.2. Natural Resources On or Near Project Site a.What is the average depth to bedrock on the project site? feet b.Are there bedrock outcroppings on the project site? E]Yes2No If Yes,what proportion of the site is comprised of bedrock outcroppings? c.Predominant soil type(s)present on project site: oho Tns �f o�T(3 d.What is the average depth to the water to le on the project site? Average: &13 feet 'Fgj,p e.Drainage status of project site soils: Well Drained: %of site ❑ Moderately Well Drained: %of site ❑ Poorly Drained %of site f.Approximate proportion of proposed action site with slopes: 0-10%: %of site ❑ 10-15%: %of site ❑ 15%or greater: %of site g.Are there any unique geologic features on the project site? EjYesErNo If Yes,describe: h.Surface water features. i.Does any portion of the project site contain wetlands or other waterbodies(including streams,rivers, ❑YesEg Io ponds or lakes)? ii. Do any wetlands or other waterbodies adjoin the project site? ❑Yes[DNo If Yes to either i or ii,continue. If No,skip to E.2.i. W. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, ❑Yes L9N0 state or local agency? iv.For each identified regulated wetland and waterbody on the project site,provide the following information: • Streams: Name Classification • Lakes or Ponds: Name Classification • Wetlands: Name Approximate Size • Wetland No.(if regulated by DEC) v. Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired ❑Yes❑No waterbodies? If yes,name of impaired water body/bodies and basis for listing as impaired: i.Is the project site in a designated Floodway? ❑Yes o j.Is the project site in the 100 year Floodplain? ❑Yes o k.Is the project site in the 500 year Floodplain? ❑Yes E540 1.Is the project site located over,or immediately adjoining,a primary,principal or sole source aquifer? WryesElNo If Yes: i. Name of aquifer: Page l 1 of 13 r � , ni. Identify the predominant wildlife species that occupy or use the project site: n. Does the project site contain a designated significant natural community? ❑Yes No If Yes: i. Describe the habitat/community(composition, function,and basis for desi iation): RECEIVED ii. Source(s)of description or evaluation: iii. Extent of community/habitat: • Currently: acres • Following completion of project as proposed: acA Board of Appeals • Gain or loss(indicate+or-): acres o.Does project site contain any species of plant or animal that is listed by the federal government or NYS as ❑Yes gNo endangered or threatened,or does it contain any areas identified as habitat for an endangered or threatened species? p. Does the project site contain any species of plant or animal that is listed by NYS as rare,or as a species of ❑Yes o special concern? q.Is the project site or adjoining area currently used for hunting,trapping,fishing or shell fishing? ❑Yes o If yes,give a brief description of how the proposed action may affect that use: E.3. Designated Public Resources On or Near Project Site a.Is the project site,or any portion of it,located in a designated agricultural district certified pursuant to E]YesBf4o Agriculture and Markets Law,Article 25-AA,Section 303 and 304? If Yes, provide county plus district name/number: b.Are agricultural lands consisting of highly productive soils present? ❑Yes • o i. If Yes:acreage(s)on project site? ii. Source(s)-ofsoil rating(s): C. Does the project site contain all or part of,or is it substantially contiguous to,a registered National Yes❑No Natural Landmark? If Yes: i. Nature of the natural landmark: ❑Biological Community ❑ Geological Feature ii.Provide brief description of landmark, including values behind designation and apprdximate size/extent: �-lo Cr/ (gam rr� S'PL i!�- d.Is the project site located in or does it adjoin a state listed Critical Environmental Area? ❑Yes No If Yes: L CEA name: E Basis for designation: iii.Designating agency and date: Page 12 of 13 e.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district YesO No which is listed on,or has been nominated by the NYS Board of Historic Preservation for inclusion on,the State or National Register of Historic Places? A If Yes: i. Nature of historic/archaeological resource: ❑Archaeological Site iRECEL`EEk or Distr ct 13 ii. Name: iii. Brief description ci�fattributes on which listing is based: OCT- 2,.0 2U22 ttoc'5c ')- oify';, Ll�} f.Is the project site,or any portion of it, located in or adjacent to an are i s►$$i1ate�agg, ji�sj al5 ❑Yes o archaeological sites on the NY State Historic Preservation Office(SHj�aYc�ia�o�log►cal site►nvento g.Have additional archaeological or historic site(s)or resources been identified on the project site? ❑Yes[+ &0 If Yes: i.Describe possible resource(s): ii. Basis for identification: h.Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local YesONo scenic or aesthetic resource? If Yes: i. Identify resource: IZ' �1S c r✓t.t•v Pi v� ii. Nature of,or basis for,designation(e.g.,established highwa overly k,state or local park,state historic trail or scenic byway, etc.): iii. Distance between project and resource: miles. i. Is the project site located within a designated river corridor under the Wild,Scenic and Recreational Rivers ❑Yes o Program 6 NYCRR 666? If Yes: i. Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑Yes❑No F.Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal,please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. ` Applicant/SponsorName .....��-�(C.ccc( Date J ''aor—''Z2- Signature Title . PRINT FORM I Page 13 of 13 December 1, 2021 RECEIVED John Smyth Margaret Smyth OCT-2:0 2022 29330 Main Road Cutchogue NY 11935 zoning Board of Appeals Patricia C. Moore, Esq. 51020 Main Road Southold NY 11971 Dear Ms. Moore: We, John&Margaret Smyth, owners of property known as 2930 Main Road, Cutchogue NY 11935 (sctm: 1000-102-6-23.1) hereby authorize you to act as agent regarding representation at Town of Southold Planning Board, any aother Town of Southold agencies, Suffolk County Department of Health Services and any other.agencies. Very truly yours, Jo Smyth MargajUt Smyth O WNER/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the Dal t of to m to ee .The vurpose of this form is to provide information which can alert the town of possible conflicts of interest ake wha ever action is necessary to avoid same. YOUR NAME:_John Smyth,Margaret Smyth and Patricia C.Moo e OCT ,2,.0 2022 (Last name,first name,middle initial,unless you are applying in th name of someone else or other enti T such as a company.If so,indicate the other person's or company's name.) Zoning Board of Appeals TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning _Pending 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 L/- ,20 Signature L.-- Print Name John Smyth Margaret Smyth Patricia C.Moore RECEIVED Town of Southol I OCT 1-0 2022 J 1 LWRP CONSISTENCY ASSV SMENT FORM Zoning Board of Appeals A. INSTRUCTIONS 1. All applicants for permits*including Town of Southold agencies,shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program.A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law.Thus,the action should be analyzed in more detail and,if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions.If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places:online at.the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 102-6-23.1 Standard Cluster Subdivision of John and Margaret Smyth AGENT: Patricia C.Moore, 51020 Main Road, Southold NY 11971631-765-4330 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept.X Building Dept. ❑ Board of Trustees Zoning Board of Appeals required for existing barn) 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: ❑ Type: Planning Board subdivision review Town of Southold LWRP Consistency Assessment Form 1 RECEIVED Nature and extent of action: subdivil ion of P&ei2..(hU9'conf rming lots (2 additional lots). Proposed Lot 1 vacant 43,96sq.ft. and clustered, pr posed Lot 2 with the existing dwelling on 83,737 sq.ft., a baFma pre A0AjA(y >* aln$aQaMd ti g barn, car port and arbor on 52,670 sq.ft. The house antd are listed on SPLIA. Location of action_29330 Rt 25,Cutchogue Site acreage: 4 acres Present land use: existing residence and barn Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency,the following information shall be provided: (a)Name of applicant: John and Margaret Smyth (b)Mailing address 29330 Main Road,Cutchogue NY 11935 (c)Telephone number: (516)356-5045 (d)Application number, if any: Will the action be directly undertaken,require funding;or approval by a state or federal agency? Yes ❑ No X If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. Yes.X No ❑ Not Applicable ❑ Discussion(if appropriate): The proposed subdivision conforms to one acre zoning. The size of each proposed lot exceeds the minimum lot size requirements. Adaptive re- use of the existing barn would be possible with the subdivision of the parcel. Land along Route 25 in Cutchogue is primarily undersized lots with a mix of professional, commercial, residential and agricultural uses. The proposed subdivision will be conforming to the community character, the lots are large enough to preserve open space and make efficient use of the existing infrastructure. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold LWRF Consistency Assessment Form 2 RECEIVE© Town of Southold. See LWRP Section III-Policies Pages throut 6 fo O val atio criteri J� 2 l Yes X No ❑ Not Applicable , Discussion (if appropriate): the proposed subdivis o3W1 NUt 4W& Fo ect the historic and archeological conditions of the property. The existing structures are SPLIA listed structures and the proposed subdivision includes preservation of the structures. We expect that the barn will be preserved with the adaptive re-use of the structures. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria Yes X No ❑ Not Applicable Discussion (if appropriate): the existing home and barn, as well as future residential homes, maintain the visual quality and scenic resources along Rt 25. The tax revenues generated by the sale of the properties support the acquisition and maintenance of scenic resources. Planning Board Covenants limiting clearing of the parcels will protect the visual quality and protect the scenic resources along Rt 25. The map includes the location of the larger trees which should be preserved,if at all possible. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria Yes No ❑ Not Applicable X Discussion(if appropriate): the parcels are not subiect to coastal erosion, flooding,or loss of life. Stormwater runoff will be addressed when the homes are constructed. Policy S. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III-Policies Pages 16 through 21 for evaluation criteria Yes X No ❑ Not Applicable Discussion (if appropriate): each lot will be connected to public water and Nitrogen Mitigation sanitary systems (IA systems). The Health Department will likely require the existing house to update their sanitary system if it has not been updated Existing and proposed structures and impervious surfaces will require proper drainage. Planning Board covenants generally provide for drought tolerant landscaping and limit application of pesticides. The size of the parcels protects the water quality and supply in the Town of Southold. Town of Southold LWRP Consistency Assessment Form 3 , t Policy 6. Protect and restore the quality and f inctio own juthold cosystems including Significant Coastal Fish and Wildlife Habitats nd wet �is�- ee ZWRP ction III- Policies; Pages 22 through 32 for evaluation criteria. OCT 2:0 2O22 Yes X No ❑ Not Applicable Zoni g Board of Appeals Discussion (if appropriate)the subject roe was rme'r t near Coastal waters or wetlands. The size of the proposed parcels and mature vegetation will preserve the existing habitat. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III- Policies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages; 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): the proposed residential development does not adversely impact air guality in the Town of Southold. The larger caliber trees have been identified to promote preservation of mature vegetation. 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 X No ❑ Not Applicable Discussion (if appropriate): The proposed subdivision includes the adaptive reuse and Preservation of the existing barn. The existing house is pre-existing and appears on the SPLIA list. The house and barn are shown on the proposed subdivision The house is the former homestead of the Fleet family. Farming of the parcel was terminated over 50 years ago, however,the land has been preserved with natural vegetation such as mature trees and ornamental plants. In 1975 part of the Fleet homestead was conveyed to John Wickham and this land was preserved with sale of development rights. The land remaining,the subiect parcel, remains the residential homestead of the parcel. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters,public lands, and public resources of the Town of Southold. See LWRP Section III-Policies; Pages 38 through 46 for evaluation criteria. Yes X No ❑ Not Applicable Discussion (if appropriate): the subdivision and eventual residential development of the parcels will support acquisition of public lands and public resources. The Subdivision of unimproved lots will pay a park and recreation impact fee which supports access and acquisition of open spaces and recreational space. Town of Southold LWRP Consistency Assessment Form 4 U RECEIVED WO RUNG RKI G COAST POLICIES OCT -2 0 2022 Policy 10. Protect Southold's water-depende t uses a �80l�sg of new water- dependent uses in suitable locations. See LWRP e�#0 l i -P s 47 through 56 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion(if appropriate): The parcel is not a water-dependent parcel. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section Ill-Policies; Pages 57 through 62 for evaluation criteria. Yes X No ❑ Not Applicable ❑ Discussion(if appropriate): subdivision of the land will create additional tax revenues, Peconic tax, and mansion tax which provide economic support to marine resources and Town waters. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section Ill- Policies; Pages 62 through 65 for evaluation criteria. Yes X No ❑ Not Applicable Discussion (if appropriate): residential development and the ultimate sale of the parcels generates the Peconic Tax which is used to purchase agricultural open space and development rights. The subject parcel was formerly farmed but the land was split in 1975 and the agricultural land remained in farming. The existing trees and shrubs enhance the property and maintains the visual open space. The land to the south of the parcel is zoned AC,the land is preserved for agricultural use by the Wickham heirs with the County of Suffolk agricultural easement on the property. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion(if appropriate): Residential use of the property minimizes potential use and development of energy and resources. *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 i+� . ; . �. � ' � - N . _ � ..�,� � � � �� t = � . �► � � � � ►J ��rr •� ,� � F � � � •. �=-� I \ � // �� i' �'`,/ �,--- � ' .� � �_1 , _._.� / '�`� � i � �� ''�1 i 7� `' t Af Ly v t t� lbIM4C71111 � 40 yam,, y �✓� __ - �� -.o�� - Ir �-�J ' _ .�. t �f`�'�./ � `�1'C'�'�' r Ko O --- - A f • .- y ' • i - _ � JI i _ � v _ t F " H� r 0 0LU , H CD � � �„t 'fin`/ ?�!�►'.�'��"�""""�"� , �"1 � � �:J =may..." �1. � v�►�`°� ,}� Z F j • n' �1. 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I. A r£ �,�w .A► • y, Via` �}R4 I� ✓'���J y`r 4* '� ti � y„ :'1 '` r Vv � i �, � lam. � �• � _ -- _• IR z ♦ A" <' i 5 • • o t * c-) -4 m n r ► bo rn ijD _.A o J t - �r r . RECEIVED Zoning Board of Appeals ,a �-41 Nei 14 s � f a � T r' . f s R �f� r _ate('t - - - �„- -iv �r `� - _ _,�`r /.mac:• .. ' �y.,���j�� ✓ ,�-ti*S$ .gyp ` ., "�e � .n �'.0 •, a`'toe +x •l � �t i. t 4� v � }!i^ ,w � z^. T�ff.< 1�4. .. �.• Y- 'fir k r M WY 10. `S yiM .i ���_#lsP'�i't� �:' T` - _ 3 'r-- `,-S� •.s� r -q`>5���'}gA��!_$�. r 3�� Mb _ 4'x..ie� .'r �'ir r.ir �s.$(7� a.�`, ,�'�` f �t� a � ..t t�" ��'f `^•ly' '�t�� _ � y�•�R JVED OCT 20 1 �. r,, � `�y� Li�� _ �T� �� ,F� sit �-'s� • v ta., •.r r J ^�i�a ,..♦��� < �f' f.. ray J r _'/�(. ..�,�. � `��� 1. �����+� � ` � :�`' /!� ?r 1. y vy's ��.. r.. f.►!�. t .:}• � v •.'. - fee/ at a :r 17 jVIE +(' �+�� -`.3 �6•' .� �r:4'a•(9'�rFU}. Y^ � �� � \ ,� ,. .ter y;.��.�. 11147 IRL Alt �'� �r� ..4,'. 1 '� � -y� +yam l S•Y�.r1.� F 1� �k II '��. •.s e. +4 1 y!^+b...y.��•3' ..�T , ..�; 'h ♦,C J p,-. �` <��` -fit .13 r 5 a. - �.. �• sue✓ ,�;• 1 ' .. 3 .Cry^,F.J, k!;y �,T-•1.. r it 1 ,' / '-y` i „� � ��, � ' i •' of:,r ^.v 4_ y�_- r, � s r; 1 s OCTRECEIVED 0 ZOZZ g_Board of pp 11 eats �t as` I. t j� jr�„�, ^t'` ;� � �'� �„ • ,'� � � �r I t�J 4 .v t�1yD i AI M' ..trued F y� 1 it it ��v0.1� � i•^ 3 ,arr it�• ,f•—�`. a _ .•--_.:�' 'f^ +'��.,,' - t 'art -�~ - •:��r��� .- '�; . } ti:t y se ip jf F .ir: ZiL-4�r Oil';�✓t\ ✓'k�.. th �g ' , y4 j ,Y �,�lY �t' �q"""t t•��',�..5'�t�.�F `��f�r� �� � ,� �� �.bit 0. � 4�. Y.>�ti f v" I� � ' „( r,f + ;`:.}> `Y":�i1+` yr\ ' ; . r .� K p♦ •.a _ 1. �� � ".itA�.gS'� �, !1 �'S� +•�r• €� i � 4 t � a,��`• '�`F - a ;',r v7 ��L ��: •E. R'y.dd+t 4< ..fir •. .� w,. 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Jfi? ero , y� �b d A,r a i t 3 "i i"✓yj ,r, �.4 t��,�:.'1q,.��� •:��� � 4`�� �ijy�x S r ♦-'� �'t��S Iy,.re, c; S^_.,�l ,� } •� kan+� !` � ;7.Np; t .f 1. 7t ��', �1-.� �;n i•�'yS�6 "'�1��••• �r,� �,�7���rt T�'�r���s� yL(�y yys;,b ' a sA > tip.F. _ ,� ,;,�j , r.;# '� .,p; � ���'i �'�.,;.r�!`fY¢.1R -„y'� •. .�. '}r'S;'.7gr.ai.w.,,..�i:a ""':ilii�...`V�'J, ,ni�ai�ykw9Y:�c �+'�p'Y r'!.'._-a , 1��Srt•.1R1�.. - 1 I ��' ,y � 'y ,�' �.: �'. �e r.. .�.. ',� .�. ,� �l�t �, y��y" K,, � '��yp 1.� .. ;� r,. �•.�p• Y.t � .. ,,,.,..- :, a _w'�,�t _� _,s- �, � "� ..' � �_ ,, F _. TOWN OF SOUTHOLD PROPERTY RECORD OWNER STREET VILLAGE DIST. SUB. LOT v e e e d" FORMER�ER N E �SCR. -550 1 S W TYPE OF BUILDING Fr�,�t Faywi Lcjogf —A,�Rldml RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 41 0 0 d-nZZ17S (-S 10417- he)-S64o 3�, J00, e,Fzi' r A r' 40 40 7,0 O D o J 7z -41/5/2 3 ti 00 100 �oo -s r4-i I SeCeSS, Cilicj2dil LL Flee 00,o AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Ac re Srn A r7FI Tillable I 3011(o-&-W-111�'e- A 66t&,A�-S 12:o4 N Tillable 2 e-111?,p Tillable 3 0 03 ---4 Woodland < —M Swampland FRONTAGE ON WATER > N-1 C=). M r-JP Brushland FRONTAGE ON ROAD 2L 4n House Plot 0 0 DEPTH BULKHEAD Total DOCK MONO 'ME mom Emomommm WOMEN MM 11MMMMmmM mmmmmm MR MENNEN mmm ENE 11111VISM111111 mmmm m 1mMMM oil 11MMm M MEE= MEMO m ENE EMOMMEN mommom �MMENIN� NEON MOORE WEEMS! EN ONES mmommom mosin ME NONE OMENS MENEM mummom 0 No IS EDAM_ rid sum- ZBA CHECK FEES - 2022 Funding Account - B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 10/25/2022 Mulvaney, Diane 7739SE $1,500.00 109 11/16/2022 10/20/2022 Smyth,John&Margaret AMMUMMk $2,000.00 10981 11/16/2022 11/16/2022 Wagner, Rosemarie 7742SE $2,000.00 356 11/16/2022 $5,500.00 RECEIVED N O V 1 7 2022 Southold'Town Clerk ,-vn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 11/17/22 Receipt#: 306814 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7739SE* $1,500.00 1 ZBA Application Fees 7737 $2,000.00 1 ZBA Application Fees 7742SE $2,000.00 Total Paid: $5,500.00 Notes: Payment Type Amount Paid By CK#109 $1,500.00 Diane Mulvaney Fenn CK#10981 $2,000.00 Patricia C. Moore CK#356 $2,000.00 Wagner, Robert H Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Wagner, Robert H 8310 Soundview Avenue Southold, NY 11971 Clerk ID: JENNIFER Internal ID:7742SE 1 24df927d-3f86-4c05-bfa 8-3 f5 cebld64 I<imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 2,2023 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, MARCH 2,2023: 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.-JOHN AND MARGARET SMY4001M quest for a Variance from Article XXIII,Section 280- 13C(1);and the Building Inspector's September 1,2022 Notice of Disapproval based on an application to subdivide a lot into two parcels and maintain an existing barn,carport and "as-built" arbor; at; 1) customarily incidental accessory structures or uses are not permitted on the lot without a principal use; located at: 29330 NYS Route 25,Cutchogue, NY.SCTM No. 1000-102-6-23.1. 10:10 A.M.-PEQUOT POINT, LLC#7763—Request for Variances from Article III,Section 280-15;Article XXI I, Section 280-116A(1); and the Building Inspector's December 8,2022 Notice of Disapproval based on an application to construct an accessory in-ground swimming pool,at; 1) located In other than the code required rear yard; 2) located less than the code required 100 feet from the top of the bluff; located at: East End Road/2875 Castle Road (Adj.to Block Island Sound), Fishers Island, NY.SCTM No.1000-5-2-10.12. 10:20 A.M.-PAUL TANCK#7741—Request for Variances from Article III,Section 280-15;Article XXIII, Section 280-124; and the Building Inspector's November 10,2022 Notice of Disapproval based on an application to demolish an existing in-ground swimming pool and to construct a new in-ground gunite swimming pool; at; 1) located in other than the code required rear yard; 2) more than the code permitted maximum lot coverage of 20%; located at: 16705 Main Road, East Marion, NY.SCTM No. 1000-23-1- ` 14.6. 10:30 A.M.-TIMOTHY QUINN/TG3 HOLDINGS LLC#7743—Request for a Variance from Article XXII, Section 280-116A(1) and the Building Inspector's September 12, 2022 Notice of Disapproval based on an application to demolish and reconstruct an accessory In-ground swimming pool; at; 1) located less than the code required 100 feet from the top of the bluff; located at: 1 Mulford Court,Orient, NY.SCTM No. 1000-14- 2-1.6. I 10:40 A.M.- RUBEN AND SHANNON SILVERMAN#7745—Request for a Variance from Article III,Section i SOUTHOLD TOWN BD OF APPLS 2 II f i 24df927d-3f86-4c05-bfa8-38f53cebA64 I(imf@southoIdtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 280-15)and the Building Inspector's November 28,2022 Notice of Disapproval based on an application to construct an accessory garage;,at; 1) located in other than the code required rear yard; located at:2500 Paradise Point Road,Southold, NY,SCTM No. 1000-81-3-13 10:50 A.M.-LEONARD WILLIAMS#7746—Request for Variances from Article III,Section 280-15 and the Building Inspector's November 28,2022 Notice of Disapproval based on an application to construct an j accessory garage; 1) located less than the code required minimum rear yard setback of 15 feet;2) located less than the code required minimum side yard setback of 15 feet; located at:6925 Great Peconic Bay Blvd, Laurel, NY.SCTM No. 1000-126-10-16. 11:00 A.M.-NEENA REDDY AND SAMUEL HOLT#7747—Request for a Variance from Article III,Section 280-15)and the Building Inspector's December 1,2022 Notice of Disapproval based on an application to construct an in-ground swimming pool; at; 1) located in other than the code required rear yard;located at: 500 Sound Drive, Greenport, NY.SCTM No. 1000-33-4-33. 1:00 P.M.-RICHARD KELLY#7748SE-Applicant requests a Special Exception under Article lll,Section 280-13B(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; located at: 1265 Bay Avenue, Mattituck,NY.SCTM#1000- 143- 5-1. 1:10 P.M.-RICHARD KELLY#7749-Request for a Variance from Article III,Section 280-15 and the Building Inspector's December 6,2022 Notice of Disapproval based on an application to demolish (as per Town Code definition) and reconstruct an accessory building containing an accessory apartment;at; 1) located less than the code required minimum side yard setback of 5 feet; located at: 1265 Bay Avenue, Mattituck, NY.SCTM No. 1000-143-5-1. 1:20 P.M.-JOSEPH M.AND JOANNE MASCIA#7750—Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's October 11,2022 Notice of Disapproval based on an application to construct additions and alterations to an existing single family dwelling; at; 1) less than the code required minimum side yard setback of 10 feet; 2) less than the code required minimum combined side yard setback of 25 feet; located at: 1600 Deep Hole Road, (Adj.to Deep Hole Creek) Mattituck, NY. SCTM No. 1000- 115- 12-22. 1:30 P.M.-CHARLES AND KAVITA VANSANT#7751—Request for Variances from Article IV,Section 280- 18; based on an application to change a lot line of three existing lots, and convey lands in order to create two less non-conforming lots; 1) Proposed lots A& B at less than the code required lot size of 40,000 sq.ft.; 2) i Proposed lots A&B at less than the code required minimum lot depth of 175; located at 1355, aka 1285 Smith Road, Peconic, NY.SCTM Nos. 1000-98-4-12, 1000-98-4-13, 1000-98-4-14. i SOUTHOLD TOWN BD OF APPLS 3 Y . ' I � 1 24df927d-3f86-4c05-bfa8-38f53cebld64 I(imf@southoldtowhny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 1:40 P.M.- KEVIN AND ANNA KENNEDY#7752—Request for a Variance from Article IV,Section 280-18 and the Building Inspector's November 15,2022 Notice of Disapproval based on an application to construct an accessory in ground swimming pool;at; 1) more than the code permitted maximum lot coverage of 20%; located at:955 Pequash Avenue,Cutchogue, NY.SCTM No. 1000-103-7-22. 1:50 P.M.-CHARLES SALICE,C/O NORTH FORK VENTURES, LTD#7738—Request for Variances from Article III,Section 280-15;Article XXIII,Section 280-124; and the Building Inspector's September 9,2022 Notice of Disapproval based on an application to construct additions and alterations to an existing single family dwelling and construct an accessory garage; at; 1)the dwelling is located less than the code required minimum side yard setback of 10 feet;2)the accessory garage is located less than the code required minimum side yard setback of 5 feet;located at: 2315 Pine Street Road, (Adj.to Little Creek) Cutchogue, NY.SCTM No. 1000-104-3-1. 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*H24.38.28.228:2040/weblink/Browse.aspx?dbid=0. l If you have questions,please telephone our office at(631)765-1809,or by email: kimf@southoldtown'ny.gov. Dated: February 16,2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIRPERSON By:Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 i i i SOUTHOLD TOWN BD OF APPLS 4 y I 24df927d-3f86-4c05-bfa8-38f53ceb1d64 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: February 23,2023 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county, and as such, is eligible to publish such notices. Signature Eliot T. Putnam Printed Name Subscribed and sworn to before me, This 01 day of March 2023 Notary Sign ture[WWALLI�IG SC10 WALLING TE OF NEW YORK 01AL5056219 atoga County My Commission Expires March 04,2026 Notary Public Stamp i I I SOUTHOLD TOWN BD OF APPLS 1 I ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x / In the Matter of the Application of AFFIDAVIT SMYTH OF MAILINGS Appeal #7737 SCTM Parcel #1000-102-6-23.1 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Greenport, New York, being duly sworn, depose and say that: On the 9T" day of February, 2023, 1 personally mailed a true copy of the Notice set forth in the Zoning Board of Appeals Application, directed to each of the persons listed on the attached list at the addresses set below their respective names; that the addresses set below the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said notices were mailed at the United States Post Office at Southold, New York, that said Notices were mailed to each of said persons by CERTIFIED MAIURETURN RECEIPT. Attached hereto is the white receipt post-marked by the Southold st Office on said date. j Betsy P n Sworn to before me this 9t" day of February, 2023 (Notary P blic) 'KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01 DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 r r SMYTH ZBA MAILING LIST #7737 WICKHAM FARMLAND LLC PO BOX 928 CUTCHOGUE NY 11935 SCTM: 1000-102-6-20.2,20.3 SCTM: 1000-103-11-1.2, 23 CUTCHOGUE DEVELOPMENT LLC 2090 SOUND AVENUE BAITING HOLLOW NY 11933 SCTM: 1000-102-2-12.5 DEPOT ENERPIRSES INC CIO JUDITH LIZEWSKI 28248 KNAPPS LOT STREET EASTON MD 21601 SCTM: 1000-102-2-12.6 JOSEPH DUNNE JR 623 HAMPTON ROAD SOUTHAMPTON NY 11968 SCTM: 1000-102-2-12.2 RICHARD R. CIFARELLI PO BOX 782 CUTCHOGUE NY 11935 SCTM: 1000-102-3-10 ROBERT J. &MARY-ELLEN MOLCHAN PO BOX 998 CUTCHOGUE NY 11935 SCTM: 1000-102-6-22 808 REALTY CORP. PO BOX 1006 WESTHAMPTON NY 11978 SCTM: 1000-102-5-26 MOORE LAW OFFICE A. Signature El Agent _ ❑ _ oo' 51020 MAIN R-O'Ki �A El Addressee SOUTHOLD NY 11971 x B. Received by(Ptfired Name) C. Date of Delivery 1 Article Addressed to: D. Is delivery address different from item I? U Yes If YES,enter delivery address below: CORP. El No P,0 U 6 WE:-ST.1*A-',1-P1'ON1 NY 11978 42. < �I��IIIIIIlIIi�lIl�l�Il�Ilif��llll�l '�r y 9290 9000 0000 0000 0002 81 2. 3 Service Type db12 87 ®Certified Mail® 0 Certified Mail® Restricted Delivery 20 115 Domestic R1=eqt�urnq`,Reb lugg i A. Sig; 0 Agent p4t&e MOORE LAW, OFF1:CE'* Ll Addressee 51020 MAIN' ROAD"" x SOUTHOLD NY 11971 - B ei d by(Printed Name) C. Date of Delivery 7 1. Article Addressed to: D. Is delivery address different from item 1? El Yes If YES,enter delivery address below: ❑No DEPOT ENTERPRISES INC. C/O JUDITH j.IZEWSKI 282.48 KNAPPS LOT STREET EA ;'SON, MD 2160111 --V ---9210 9000 0000 0000 0002 4 -:760A 2. ArttF&-Nml�%Mngggen M913/a@U 0 2 =4 9 WiGerv.ibe Type N Certified Mail® ftMtified Man Restricted Delivery PS Form 3811 Facsimile," u*?915-.,� Domestic Return Recel 7Signature Qgent MOORE LAW O,FFI9.0 51020 MA114 11 Addressee SOUTHOLD NY' jW1lved by(Printed Narpe) C. Date of Delivery IbAv CA, 1. Article Addressed to: D. Is delivery address different from item 1? El Yes If YES,enter delivery address below: El No CUTCHOGUE DEVELOPMENT LLC 2090 S041ND AVENUE BAITING'-`,,'MLLOW, NY 11933 4-> ' !I��!III!I!!!!li��!!!!!!!!!!!!!!I!!I!�II II! . - . 9290 9000 0000 0000 0002 36 2. ArFMMmV@Mn9ff913m 0990 1613002 32 3. Service Type [Xi Certified Mail® 0 Certified Mail® _Restricted Delivery P8 Fdrlmi 3811 Pakslm"ffg, JOV,20151 1 1 Domestic Return Receipt RECEIPT 14 7000 0000 0000 0001 64 RECEIPT RECEIPT 14 7000 0000 0000 0002 32 14 7000 0000 0000 0002 49 ROM: ROM: „� FROM: oore Law Office o rt S E:Smyth oore La,Qfficz• r 1U1, oore Law Qf( D rV Y O�f1 �l y E:Smyf '� _`` j E:Sm Jh�S` w j9 0 d �� t -9 2623 E a E'i -9 2023 D TO: �i S TO: 5 ckfldk`a la d LLC %t h 1. �' 0 Box9 k utchogue Development L epot�fP rises INC. Q4 I'SEN 96 Soun'd•Avenue c v/ /O Judi�i Liz�v�ski utchog y 11935 tjpQS.i freeb5(' S A4 siting Hollowwr'N�Y�1�1933`r�� a t I(n Q t''�TCS POSE, son,MD 7160 FEES: �Dv / FEES: �� FEES: (.Qo ostage —884— ostage ertified Fee 4.15 ostage 104"_ ge �84, r etum Receipt 3.35 ertified Fee 4.15 ertified Fee 4.15 estricted �y•C etum Receipt 3.35 eturn Receipt 3.35 i` TOTAL estricted lestricted _$ t�OTAL —$-834 TOTAAL POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE RECEIPT RECEIPT RECEIPT 14 7000 0000 0000 0002 56 14 7000 0000 0000 0002 63 14 7000 0000 0000 0002 70 RECEIPT FROM: FROM: FROM: 14 7000 0000 0000 0002 87 oore Law, I D, IV oore Law Office oore Law oOf,LO I) � ROM: E:Smy4 `' ��� E:Smyth (��� E:Smyth'�,\�r— oore Law Office ./ d, :Smyth FEB -9 ��- I-(FEB -9 0 z I 2023 w t 2023 S TO: SENF�tT� ® Q 202� SEND�TO. /' f y se��i(SJnne Jr. ichard•y� Cifarelli obeit�J&Mary-Ellen Molchan�� EN�TO-- 0 �t 23 Ha �l O B7 O Box.782h r 8 eal Co 1 outhampfo Fl a1'1968` � utchogiie�N 11935 ��l�� utchogue MYS1193b- 7�� IBo �1006 ~Q 20'3)1 POS �^Ij�05 `,.,rpOSTr�% esthypton,NY,1978 FEES: �O FEES: l e 0 FEES: LG \TCS p0$� ostage e-8'4•"• ostage _g,84— ostage —B$4 EES� � (� ertified Fee ertified Fee 4.15 ertified Fee 4.15 4.15 stage .6.84' eturn Receipt 3.35 etum Receipt 3.35 etum Receipt 3.35 ertified Fee estricted � lestricted estricted etum p 3.335 Receipt 4. TOTAL *6-354� TOTAL 4-3 estricted 4`� TOTAL $g�4- 5 POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE OTAL $8 POSTMARK OR DATE 'Agent A. Signature`$ibnatbee! i TI Addressee C MOORE LW i 6 F i 51020 -MAIN ROAD x SOUTHOLD NY 11971 B. W(ceivTer6y,(Prjnted Name C. Date of Delivery 1. Article Addressed to: D. Is delivery adoss different from item 1? L1 Yes -4 ifiy-TE P,enter deliveryaddress below: El No ' JOSEPH DUNNE JR. 623 qAMPTON ROAD SO07HAMPTON, NY 11968 Ilill � llll � �1 3 D000 0000 0102 50 2. AW&"ny0ffMngjygZm 1aGd02 56 3.i�erviceType." ®Certified Mail® El pc.e.ririf.iad'��11 ,a PS'l Nm' 3811 1IF''Ab4irklej U41 1261t I'l Domestic Return Receipt A. Signature 0 Agent Y10RE LAW OFFICE El Addressee x 020 MAIN ROAD �7'H0LD NY 11971 B. Received Name) C. Date of Delivery D. Is delivery address different from item 1? 13 Yes -�Wlad to: if YES,enter delivery elive address below: [3 No "p m A R M L A ND 1.1.C 128-' NY 11935 9EIL I,fj 0000 LiElarl 0001 68 Service3. Type ®Certified Maim o certified maim Restricted tDelivery 0A da 1 64 r U Domestic Return Receipt orm 3811 Facsimile, July P-01 5 C ' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF POSTING #7737 John & Margaret Smyth Regarding Posting of Sign Upon Applicant's Land Identified as 1000-102-6-23.1 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, MARGARET SMYTH, of Cutchogue, New York, being duly sworn, depose and say that: On then day of February, 2023, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, MARCH 2, 2023 at 10:0 am. 0�V MARG RET SMYT 00 ✓ Sworn to before me this day of k aA cA- ZvL3 Notary Publ' - �C a,:"'�'!�•` � � �1�>ca� ' v-/ ',his Of fK A � `, �. � my ' 5p. ` y �I�� '"� r 1 pry� d•• 7 J��r/ WAN "Al 41 77 V. �.3F �i Q fy .a a tr- y}. r 1 y L OFFICE LOCATION: AL&MING ADDRESS: Town Hall Annex ��OF SoUjjyO P.O.Box 1179 54375 State Road Route 25 ,`O l0 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY N Telephone: 631 765-1809 • �OQ http://southoldtownny.gov COUNTy,� ZONING BOARD OF APPEALS Town of Southold LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 2, 2023 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, MARCH 2, 2023: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownnv.gov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownnv.nov/calendar.aspx. 10:00 A.M. - JOHN AND MARGARET SMYTH #7737 — Request for a Variance from Article XXIII, Section 280-13C(1); and the Building Inspector's September 1, 2022 Notice of Disapproval based on an application to subdivide a lot into two parcels and maintain an existing barn, carport and "as-built" arbor; at; 1) customarily incidental accessory structures or uses are not permitted on the lot without a principal use; located at: 29330 NYS Route 25, Cutchogue, NY. SCTM No. 1000-102-6-23.1. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link:http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809,or by email:kimf@southoldtownny.gov. Dated: February 16, 2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 63095 0-Min Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0969 • S f F~-tom Town Hall Annex, 54375 NYS Route 25 }}" P.O.Box 1179 Fl �" f3 Southold, New York 11971-0959 Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: February 1, 2023 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 March 2, 2023 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. Below;R please;`see.instructions requirprepare.for the ZBA public hearing,which includes: PLEASE`READ CAREFULLY. - 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than February 22, 2023.To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property.If a Board member reports that there is no signage visibly on display as required by law,your scheduled hearing will be adiourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting;as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by February 22, 2023, 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. A y Instructions for ZBA Public Hearing Page 2 MAILING INSTRUCTIONS: Please send by l SPS 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 February 13 , 2023. 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 kimfnsoutholdtownn.gov or elizabeth.sakarellos@,town.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls> 2010-2021 >2021 hltp•//southo ldtownny.gov/DocumentCenter/V iew/8779/FinalRo112021-Amended 1MPORTANTINSTRUCTIONS: .n ': ter«_.:r t;,:�: .H.,+`r,�?K'#,�4.%Pfi'.-�:�,.),t• - .> .. r.a\_di.•i�'Y:i'Fn° -• h.v�)^4jL .` �.7'` '.a.. s.; •.' ✓ ' ' •' tt {.�6"•r' '• :..•:' '. Sc n and:.email the'U�SPS mailing receipts; g°reen'signature cards and affidavits to '1� �} •;''`F'I ;:4•+4 ll r'ry ..W ct 1 - ".t ;r - '^ " '• .�•�P S: '•'-" .4, kiinf(a?gswouteh{poldtoC�w�nay:gov,;and **'PROMP.T_LYaUSPS"1VIAIL'**.the ORIGINALS to . .v, ..Flr*J'.W_�..y i+'." 7"'�s9f0'�a,.l r�,{� .'.:;�e.,ii�.;r .:. ;..a. :..-'n.^.yr,. ....�•..- ':s..-i^..,n. .e"u..'....y:.F:L..,..ircFJTM°'`. .. . . . r fhe`,T;own'of SoutholdBoxr1179' 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 .1 Laserfiche Instructions for Zoning Board of Appeals Records `tea{� 'yl yff •r Gn,r rnrnettl Scteit cs itiu- flow Igo L.. K;t r1* -kV, .tA,rr'�'h' rk ti;n MI •`1��1 v 'S a:�•.rr�+( ..'.r� '� "E-+ �b t3:.a^ti ',.';y/,tY' ,tr `` ( _ t 'ttJtji'`4};2iX!1.2.Y^Yi#U r t � ,�• ^L'•�Li. ���r�; :yP`itr�r°' j..l,�;'�7'.{ •4T �`r. S; :-T ,r• .rt`, r•eyiL �j�S,y� �4 k; '� .A �i'•i�. ��+ji{ ��..�•�. �yb.'2,�y; y,":�F�.,..�.a:. �j��1,"y.' "11[r� 4Lw, ..z; .►V�{_�{p`. � '`L"+".. 'L, a�.t�i`.,,.?X.,�• .�S"�- .��'�. .���.`1f��' r�4.� �...arft�C �;t�s '>�Ji�,�",'� _ �.�`�,, ��a>>•.a•� ►;3t •��.t`�}.�•6'k'c '� '��r v r_' �" �'SI ry - :.i^r _ C -.. .�-.{;p:`;t.47•w U.; `.: ,d; `i.N ®'d .�"' :?. F�1., ^,r ®>'�i'- VR:"'}h,T3":''y,•k: �:.2 r. ,'i,s{•` .:j;� ,Sit.' _ .�,/ ;�.ru :'r,.. ��d;:yy: .a. ,a'" i'r� i:t,•2�'.�,,:'"'.f:�.. .f�r•ry�, _k4?i ��'�:.4',,�>�•�'� Noti•�•Me�^ •'Ivia s`'r.� ��eridas 8c;� ,vn'Code<' tOnline'P•d eut{' 'SToNhi Retoril's: _%Z�� -y,.orpns�:•".,,,;, - - ':T Sign up io•rCccs:•e., iv°et•' �2inutcsa' - EasdY,.[??Y 1'otikbills: t:K'cblinS%isser6chc' 'Forms!dppllcatioiii'': r Above: Homepage, Click on Link"Town Records"Weblink/Laserfiche .Laserfiche Web Link e_n t+�,v<I;r,, .n HJTe Browse Search To•;n0f;outhold TownOfSouthold Name page count T—PIxe name Tmvn Clerk 2Entry Properties Town HI;.Jf.an Path Te—.as 1 , ..;zoning eoam of Appeals tianl - Creation date 3. i ST_41 nK page 2-if 2 fir, u1 2 29 Entries ' Lest modified AM Metadata 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. a I Laserfiche Instructions ZBA Files Page 2 LaserflcheWebl-ink v KatiWaGl.r3 -o =h':m s 0,-: Home Browse search :ownt)fowrotd Zoning Board of Ap Peals(ZBA7 Zoning Board of Appeals name Dagecount Template name (ZBA) AlplBoard Action Index Entry PrDpeNes spare Actions Laserfiche Search Guides Path Meeting Schedules fOnnilfS=u:rclol'c:nR n�;ai„ ) Cf Appeals;Zl.A) 7 Minutes!Agendas/Legal Nodces,'4eanngs Creation date Pending 7rnrrrt:::n ePt.: • " Reports Last modified 5'23!2017 1;:07:M AM •'Special Event Da-Its -Training Requirements ZBA Officials Metadata "ZBA Poacles 1.0 meiadald 1S;f"yd n Exceptions L:sl Code 280.10C(3) 1 lunsdictlon Llsdng I ZBA Book of Mapped 1977 Exlshng Lots 109 ecedute&i—" on,/heeuh.'pep-smear<Uses1 'i Bulk Schedules 5 Agreements.Contracts&Leases Page 1.of I 1AEntries Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on "Board Actions"folder to open. - ---------- -- ----- -- - -- -- - . __ _._.. - -- r"�,c.'-v'.1id,rt,'.r h�,'.2�.•`''".`eF€�Et9:t%7t�„�l-r,.ka. ? f.lost Visited i Getting Started ¢ Southold,NY-Officia... NetZero-My NetZero... .'• Date Duration Calcula... �q TownOfSouthold-La... x Southold-Cor Laserfiche Web Link 02 Home Browse Search TownOfSouthoip Zoning Board c•fAppeal5(ZGAi Boaro Acdons>Pending Pending Name ;'_J 9025 MAIN ROAD LLC,CARDINALE Entry Properties C&L RF41-TY•Withdrawn Path .-I JEMCAP 5D 1 LLC j PECONIC RECYCLING TRUCK -•••,«.a.�,,..... "I THE ENCLAVES Creation date >.r, ,J ti7370-Frerd 1000-128.6-5 3,',gi?0'7 1 1::E6.27 A?A J Last modified s7379.501utions East1000.13.3-1 5 29120Zn,3;56;58 pf,f, is *7383-5piller 1000-59.5-8.3 #73345E-HNF Resorts,Mydon Resorts-Campground-1000-40-3-5 R Metadata ir7385 SE-Fried 1000.50-1-13.1 No metadata assigned `;;1 87386 860 Bayview Drive-LLC 1000-37.-5-10.1 J;;7387 Hard Corner 1000-61-4-1 " #7387 Hard Corner-SITE PLAN-.Arch Plans 1000.61-4.1 s 7 388-Mlnco n I rrev.Trust 1000-128.-2-20 97389 Benic 1000-71-1-4 �!j=7406d11appa 1000-38-1.-15 Page 1 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 53iS8J nq•svecrn.:Hrla ;.^+3;.:' sgne:a Home Browse Search TownOfSoo[hrr.J-?unir:g 130:no•;:nopeals tE6A;>Board Actions Board Actions name sage count Tempime name +. 195:1979 z Entry Properties `1960-1999 Path "2000 v:llClfs I!L U!.Zan,,1•„r aodrn of A4=352?:.Board actmns 2001 Creation date <-2002 Last modified - 2004 Metadata '2006 lea — 2007 2003 2009 —2010 [UNpap sm—Uee:2 -tot 1 2012 2013 2014 2015 2016 / 2017 •Pending Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". some Browse SdsU '9+n:J".:.nr•1•::vur.HN,,x=.+4•+,IiF=�•8.:_a.::!„� .101% 2017 7eiapu[a rums _[ry Pro04n�s ,i 4640 367 0w•d t:4ons '�hi73 :0 Baard Knpns Path .�ax: ee OwdKcdnf ..1::•n,r' -'%OCR ,w —1d Kuonz "`•+"" -J 7449 04 Bwrd avow ereahond— ,[ ]S 8oar4 Aslwns 17 M Laumodifled 'S Board Mons :des a: Bwra Mc^s M._radate <�]0:4 43 Bw•o Mons it? •!J_lB+: '�!(,:? 71 Boats K1e+s �?74,8 44 Bwrd:cDons `.1..a SB Bwrd Koon: _n 7430 44 9—d amdns ]4z2 A Owrd Mom 7033 331 3w•d anion; A 703a DE 3wN at:oni 7— _1e Beud aeons 73 Bard+[:ions ed Board Mcv t]033 03 ....d:a dns :q:ozs 3 Bwmaaons Above: See listed File Numbers. Click on file you are searching. f Laserfiche Instructions ZBA Files Page 4 t 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 WebLin;c Home Browse search i 1 ;ort rCsuln.b, Relevance ??cord;:aansy?n?nr Se Srcn 1-] 101 70I6 Fleur name 30ard ACIIOns-23 P,,gC(S} ..w+o t.-lu _� Page count:83 Template name:Board Actions Reset u3g:3...:Colin and Kristen Cashel PROPERTY LOCATION:162 Lower Shingle HIII,Fisher... oa^e J...192017 a7016.Cashel SCTM No.1000-9-1-26 minrmus approval to remo... 19.2017 p7016.0,1n,l SCTM No.1000-9-:-26 GRANT,the variances as... S<erth:er-�, .4 Page 9..COLIN&KRISTEN CASHEL SECTION 009 BLOC... rage:0...Thomas AhlgrentCashel).PO Box 342 Fishers IS'and.NY... Shaw more Infoi mohen... '!7018 COard Acrc-- +6 Dage(SI Page count:56 Template name:Boand Actions 2...9:30 AM.-COLIN CASHEL AND Variances under ArtCle Id.Secton ANN... -3..ancets)KR'STEN CASHEL=7016-Req-St prooesed LrelLs:ocared'n 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. LaserfichewebLink myYr�S•-L•: Home Browse Search T2wnCs00o':'d>ZOn.Gg Board Cf Ao0eah;1:$,yj MlnUteS/AgendaS/Legal NOtices/Hearings Minutes/Agendas/Legal Name Pagecount - Template name Notices/Hearings 1957-1979 R Entry Properties 19so-1999 -'2000-2009 Path icr.ln0'SouthoR'.t ri:n ng 9c.nd 2010 �'A{alaall - 201, +:.L''J i\:.{I.'111!2'.✓t+iell:3iii":I Creation date =2013 •r 5.'4 i%'.I 2016 Last modified 2015 -'2016 .. Meta data 201T No assgnvi Page I of 1 rt Ent, Above: Also, Minutes,Agendas, and Hearing Transcripts can be viewed. 1 , Laserfiche Instructions ZBA Files Page 5 Laserfiche Webbnk v� bi:':fetil nk NHo About Home Browse Search -Own(DISO.1hold>27rnn8 3oerd of Aopeals(ZBA)>M1t n�:es/Age,daSkvai Nob-:es/nednngs 12017 2017 Name page count Template name ZBA-01/0512017 7 Entry Properties ZBA-01/052017 Agenda 4 Path ZBA.01105/2017 HeaYng 40 1'r.��iG`Soutr.:,!d�Zomm�Bo,uC Of Appr-als ZBA-01/05/2017 LN 3 1L8+'+;17Aft.t�tes agenJaviei,•fl 1 ZBA-01/19/2017 2 No0ce4B e'—s5401/ Creation date ZBA-01/19/2017 Agenda 6 Z:j 0114 CIA ,•ZBA-02102/2017 7 Last modified _,ZBA-02/02 2017Agenda 4 1,/19li01,1.53:59 PT1 ZBA 02/03/2017 uearn g as S Metddata _;ZaA-02/0./2017 LN 3 ZBA-02,116/2017 Agenda 3 NO MI d$t dSSi?n-"1 ZBA-02J16/20 t7 Spedal 3 :edure&Results ZSA-031022017 7 mrhealthlpap-:mean=Use:2 ZBA OV02/2017 Agenda 4 ZBA-03i02/2017 ,.—g 65 ZBA-03102/2017 LN 3 V,ZBA.03/16/2017 Agenda 3 •�ZBA-0311612017 Special 3 ZBA.0106/201 7 5 ZBA-04/06/2017 Agenda 4 -�ZSA�Oe1062017 i-ear.ng 45 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 NC0T1 (',0E UF HEARING, T-ie following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: The application will also be available VIA ZOOM WEBINAR-Follow link- http://southoldtownny.gov/calendar . 'SAME : SMYTH , JOHN & MARGARET #7737 FCTM #mE I 000= 1 02=6=23 . 1 ' VARIANCE: USES NOT PERMITTED ON LOT WITHOUT PRINCIPAL USE 1 ,-IEQUESTEN SUBDIVIDE LOT INTO TWO PARCELS AND MAINTAIN EXISTING BARN , CARPORT AND A6AS-6 U 1 LT" ARBOR ATE : THURS. MARCH 2, 2023 10:00 AM 11ou may review the file(s) on the town's website under Town Records/Weblink: ZBA/Board Actions/Pending. ZBA Office Telephone (631 ) 765-1809 BOARD MEMBERS ®F S® 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 C®UNT4 Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 MEMO RECEIVED TO: Planning Board j DEC 0 8 2022 Sout�olc�'fown FROM: Leslie K. Weisman, ZBA Chairperson Planning Board DATE: December 8, 2022 SUBJECT: Request for Comments ZBA #7737 — John & Margaret Smyth The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, and current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. Applicant: John & Margaret Smyth Tax # Zone District: 1000-102-6-23.1 ZBA #: 7737 n Hearing Date: March 2, 2023- Code Section: Art III Sec 280-13(C)1 Date of Stamped Survey Last dated May 4, 2022 Preparer of Survey: Kenneth Woychuk Land Surveying PLLC Thank you. Encls. BOARD MEMBERS fjF S0 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. 0 • �OQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento COW Southold,NY 11971 http://southoldtowmy.gov ZONING BOARD OF APPEALS October 25, 2022 TOWN OF SOUTHOLD Tel.(631)765-1809 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 #: 7737 Owner/Applicant: Smyth, John & Margaret Action Requested: subdivide the lot and maintain the existing accessory barn, carport and as built arbor Within 500 feet of: (X) State or County Road ( ) 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 Chair erson By: Encls. Site Plan/Survey: Kenneth M. Woychuk Land Surveying, PLLC, dated February 17, 2020 Fuentes, Kim From: Patricia C. Moore <pcmoore@mooreattys.com> Sent: Thursday, March 2, 2023 10:55 AM To: Fuentes, Kim;Westermann, Donna; Sakarellos, Elizabeth Cc: Betsy Perkins Subject: , th heariM My client told me after the hearing that the arbor is for the wisteria plant and the plant is likely 100 years old. It probably would not survive removal and replanting(if the trellis has to be moved). There is a picture of the wisteria plant in their file. Pat Patricia C. Moore-, Esq. PLEASE BE SURE TO COPY MY ASSISTANTS betsy@mooreattys.com,and kylee@mooreattys.com ---------------------- Mailing & Physical Address: Moore Law Offices 51020 Main Road William D. Moore, Esq. Southold NY 11971 631.765.4663 Fax Number: Patricia C. Moore, Esq. '631'765.4643 631.765.4330 www.mooreattys.com ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 Fuentes, Kim From: Patricia C. Moore Esq. <pcmoore@mooreattys.com> Sent: Friday, October 14, 2022 1:31 PM To: Fuentes, Kim; Sakarellos, Elizabeth;Westermann, Donna Cc: Jaimie; KYLEE DEFRESE;John & Margaret Smyth Subject: Smyth property (NOD 9/1/22) Hi Ladies: I have an application for pre-existing structures (original barn,garage, arbor)to remain on the property as "accessory structures without a principal structure". I have a pending subdivision with the Planning Board and the existing "antique" buildings are on the proposed Lot and the owner does not wish to demolish them-the house and structures are original. This necessitates the variance application. The structures predate zoning and I do not have "plans" of the existing buildings. I asked the client to take pictures of the existing buildings and provide the height dimensions (sizes are on the subdivision map). Will the ZBA accept the application without plans...each building is existing and they can see the buildings when they inspect the property? Nothing is being built, only preserved. Please advise if they will accept the pictures for the "plans". Architects are very hard to get. Pat PLEASE BE SURE TO COPY MY ASSISTANTS betsv@mooreattys.com,iaimie@mooreattys.com,and kylee@mooreattys.com PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 TEL. 631-765-4330 FAX. 631-765-4643 ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson *®f S®(Bj� 53095 Main Road•P.O. Box 1179 Patricia Acampora ®� ®�® Southold,NY 11971-0959 Eric Dantesit Office Location: Robert Lehnert, Jr. Town Annex/First Floor •Nicholas Planamento 54375 Main Road(at Youngs Avenue) ® � C®UN Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 March 16, 2023 . Patricia Moore Attorney at Law 51020 Main Road Southold,NY 11971 RE: ZBA Appeal #7737, Smyth 29330 Route 25, Cutchogue SCTM Nos. 1000-102-6-23.1 Dear Mrs. Moore; Transmitted for your records is a copy of the Board's March 16, 2023 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application, with copies forwarded to the Planning Board and Building Department. Please note this approval is subject to conditions which includes the Declaration of Covenants and Restrictions to be filed with the Clerk of the County, as approved by the Town of Southold Town Attorney. Please contact the Planning Department regarding the next step in this subdivision process. Sincerel , Kim . Fuentes Board Assistant Encls. cc: Building Department Planning Board RECEIVED nrT Zoning Board of Appeals FF � q�F COW_am MAIN ROAD ( S.R. 25 R° eff 1150 CO amQO J H,9LF. Nrr Ns2 Wiasc waon ro ' V' : #�' `ate�N nC. 29044'00" E 485.16' SK �rti M0N' 141.22' t 179.94' /' 164.00' 0 535.65' sF i 24'MAPLE 2 t } 301MAPLE Ck? Y I A 36"MAP , 30"MTAPL£ t i � CQ A Z 200. 15.0 75.0' t` �r ""�! O U PRIMARY SLOG. ENVELOPE PRIMARY BLDG. ENVELOPEI PR1MARr MBF ENVELOPE 20.0' O O O 15.0' gF ".' 307MAPLE x E GEM v?::'•i;i:i}:i't::i •:. ti dis ........ is •' '+ 12"PINE a '{': t s SEr Y:1 :=%:::'::... o O MAPS Z KEY MAP (1 "=600') `� R 43950. S.F. ; :twaa:`?i::: :.::.;'::;W`.:>:;:y SHOO" � CUTCHOGUE NY r ,�ACRES a� i => i i o h RAW smw J W DOW- W 381MAPLE 52,670 SO.FT. w g 1.21 ACRES a 4 = 24MAPLE ^CV 121PINEM a a+ 12 LE V 1.,0 ACRES 31< 40 24 PINE 16'PINE I U I ARM 2a PINE 0 Z 30MAPLE _ * sK O SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES t,4 10.8' SUB \ Iw Z MON. S 29�44'00" W 125.43' MON 16"BIROH *T Groot River, New York z STK 18MAPLE 36 MAPLE O ,J .`^ t7 ` a+�eA""" I I 'his is to certify that the proposed Realty Subdivision or Development for (!D -CAT MAP OF VINEYARD VIEW In the B 36"oAK COOP »GGo } Hamlet of CUTCHOGUE in the Town of SOUTHOLD with a rotor � 201PINE 20'PINE of 3 lots was a on the above date.Water Su Ges and Se approved pp' wage Disposal 16 FIN 4:Jas.:::.......... 31.3' '+l 4 FocRities must conform to construction stondords in effect at the time of co .';:; sTr construction and ore subject to separate permits pursuant to those .'.'.:.:.. : LAND N/F OF WICKHAM FARMLAND LLC 8 ,a•�E 1: r`: ?':' w l+ standards. This approval shall be valid only If the realty LAND N/F OF COUNTY OF SUFFOLK DEV. RIGHTS) "�rs'"> G tubdivlsion/development mop Is duty filed with the County Clerk within .troy..... ZONED AC I — }::::^" 1 one year of this date. Consent is hereby given for the filing of this mop on which this endorsment appears in the office of the County Clerk in py�, .`p� accordance with provisions of the Publk Health Law and the Suffolk 0 O County Sanitary Code. CID y o Cl) S ' z'?'. :o?;5::'t WALTM DAWYDIAK, P.E. O "PINE y 58.68' 12 ICON. GALE N 164.00' co Director, Division of Environmental Quality €y W S 29*44'00" W 222.68' MON. `ot X8 LAND N/F OF WICKHAM FARMLAND LLC o ZONED AC CLUSTER STANDARD q X� SUBDIVISION FOR 91.53' 108:ti33�� 2' NOTE: INNOVATIVE/ALTERNATIVE ON SITE WASTEWATER J O H N AND MAR GAR E T SMYTH MON' S 29e44'00" W M��? TREATMENT SYSTEMS (NOP,WECO/FUJI) ARE REQUIRED. X 200.15' TYPICAL PLOT PLAN S.C.T.M.# 1000-102-6-23.1 NOT TO SCALE LOT DATA ZONED R-40 OWNER: JOHN & MARGARET SMYTH FRONT YARD SETBACK. 50' MIN LAND N/F OF WICKHAM FARMLAND LLC PROPERTY UNE LOT I LOT 2 LOT 3 TOTAL 29330 MAIN RD. SIDE YARD SETBACK: 15' MIN (35' TOTAL) LAND N/F OF COUNTY OF SUFFOLK (DEV. RIGHTS) DEVaOPMENI' 43.960 83.737 52,870 160387 S.F. CUTCHOGUE NY 11935 REAR YARD SETBACK: 50' MIN EASEMENTS ZONED AC BUFFER OPEN SPACE TOTAL S.F.3.66 ACRES 0 40 80 120 43960.5 S.F. 63,736.8 SOFT. REVISED 05-04-22 NAV088 SINGLE FAMLY RES. £LEVAAON DATUM.. "I hereby certify that the proposed water supply(s) and/or I HEREBY CERTIFY THAT THIS MAP WAS MADE UNAUTHORIZED ALTERA77ON OR ADDITION TO THIS SURVEY IS A W04A7701V OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY sewage disposal system(s) for this project were FROM ACTUAL SURVEYS COMPLETED AUGUST 1, 2015, MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TD BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN designed r me or under gh direction. Based ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS777U770N upon o careful and thorough study of the soil, AND THAT ALL CONCRETE MONUMENTS SHOWN THUS: LISTED HEREON, AND TO 7HE ASSIGNEES OF THE LENDING INSATURON, GUARANTEES ARE NOT TRANSFERABLE. site and groundwater conditions, all lots as HEREON ACTUALLY EXIST AND THEIR POSITIONS ARE ?Services CORRECTLY SHOWN AND ALL DIMENSIONAL AND THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY ONES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE meet of Health Se proposed conform the Suffolk County Depart— NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GU/DE THE ERECAON OF FENCES, ADD17IONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS ces construction standards GEODETIC DETAILS ARE CORRECT. ISM AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT 1NE TIME OF SURVEY in effect as of this date" �,= yid,. SURVEY OF: DESCRIBED PROPERTYHIN CERTIFIED TO: JOHN SMYTH; 1P00L LEACHING MAP OF: MARGARET SMYTH; MIN. 8, POOL FILED: CHICAGO TITLE; MIN. E CUTCHOG SITUATED AT. U I� TEACHERS FEDERAL CREDIT UNION; I 5OX EXPANSION MICHAEL MAPES, P.E. NYSPE LTC# 070501 KENNETH WOYCHUK LS LIC#050882 wPool TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design 4 lop 0 P.O. Boa 153 Aquebogue, New York 11931 ROAD FILE # 12-99 SCALE: 1"=40' DATE: FEB. 17, 2020 N.Y.S. LISC. NO. 050882 maintaining the(rrecords of Robert J. Hennessy & Nemeth N. Wo2ohuk - ) •�� �W l/��` LINE .. , w''. N au 2es O}�(`'\ i O� ��11 U \/ (TOWNOFSOUTHOLD ENTRIGHTS Cc 4 —to—� • ' OEVELOPMENTRIGKFSJ VV a� 23.7 ' E.OA(c) ( ' 23.EQ� ti°oP 5.2A(c) 0 23.3 CUTCHOGUE ..F. CEMETERY ASSOCIATION V,v Q 3 ► r - i. z : _ -'V g c� 2F 10 A 162 ;g �(J 5.2A(t) Jy 10 � _ h ioA• 2 73 % Qo 231 i CUTCHOGUE SCHOOL X NI / O DISTRICT g'�Y 11 _ - n it,R ,�Y,19 CJ 23.2 4? A! .. EAR ✓•v ,�O,o �� `�°' g, ! ( A' Y0F5UFFOLN t. � 9.2 �� DEVELO /i DEVELOPMENTfUGHTS /%'`• ._ r4'. 2.3A(c) ry _jR! R Vi a,p�:�� .4i,+`' `�, •`'*�' " '� �'. df 2�i..,_� lcj ���..� l' 20.2 ` , 33.4 5.4A(c) S} ..4 /.t ° 9.6 32.EA(c) a° h ro ti �._ r w IT ,d// P .�� f °•+,a STATE(OF .y1^�i\ 2.9A /* CUTCHOOUE FIRE DISTRICT o c �!� NEWYORK4111 RA�. .G,a. 10.2A(c) � ROMAN CATHOLIC CHURCH OF THE SACRED HEART ,y 1x N h '' a . 1, P ; rr 4., 24 N .e s°� Cy`'q�� (+ 4'. g A d t '_'q^ 2.3A o o so a' 9 s o 4. 1.5A(c) LINE �R 4h�T�vtJ R ;ao Goa ^aca SECTION NO COUNTY OF SUFFOLK © NOTICE K DS 41C-ND loon E Real Property Tax Service Agency MPIN'iT3YJJCE.ALT6gTION SALE OR VoC3_ w DISTRIBUTION OF ANY PORTION OF THE +00G +000' o TOWN OF A o1� ':,W,W SOUTHOLD 1 `i 3011('enter Dx•iur.ICverh.rag AT 11901 SUFFOLK COUNTY TAX MAP IS PROHBITED A ;'M mo ;oo a mo Goo WITHOUT WRITTEN PEMVrSON OF THE P FNt S RFAL PROPERTY TAX SERVICE AGENCY VILLAGE OF