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HomeMy WebLinkAbout7780 cc-senutdOin No 7"l� c eh2cGtn t �U �---'c�.i�'S�i�'�C.�� a..l�G'✓JG�,C::/v°Ca- — 6���iL f'� tiJ L--'7'/�•"r�=^•`� Owner: Cosenza, John File #: 7780 Address: 1700 Hyatt Rd P! Code: 17NP Agent Info Patricia Moore, Esq. 51020 Main Road ~� Southold, NY 11971 r Phone: 631-765-4330 „1 Fax: Email: pcmoore@mooreattys.com FJ . �l 123 41,31 T Ardor �� �m51T3 �.._.._.. ..._ ,_.._.._.._.._.._.._.._.._.._ _.._.._.._.._.._.._.._I._.._.._.._ ._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._ i i size q Al B B1 C D E F G AREA CAP. Ladder (Ft.) (Sq. Ft.) GAL. : i 8'x2o'6„x 201411201611 8' 4' 6' 6' 8' 4" 3.5' 5' 122 3,888 SECTION Y-Y I 4 x20 4 o I I ! RECEIVED PLAN I I ! GFNXEKR tL oTEs i I The design is i�'1�8 oft wimAp � Is ! Ground water is o excavation. 1 r Ifgmund water exists within 6'belowgrade,special dewalermg �•/ facibacs will be required. Water disposal is limited to owner's iprvpery. iNo sumbarge allowed widrin T ofshallow end and 6 ofdeep end M ! iThe pneumatically apphed concrete(Gumte)shall be a 1:4 mix with a rnavrnum of3 412gaffons ofwaterpersack ofcement Y Y ' I ! Reinforcing steel shall be intermediate grade with a minimum of#3rabar. Pool water supply by owner's garden hose. I ( I ! IPoo/to be kept during g weather X — — — — — — — — I Armp capacity too b b e suBicinut ent ho to empty in pool 8 bo iLOW- -C �- -D- ---- -E- -� I X i A SYMBOL LEGEND i WALL SECTION Section x-x SCHEMATIC PIPING ARRANGEMENT ® =Return 0 O =Drain �Q/_ I Light I 6"xG" Tile Facing • =Skimmer ectrical ! E 12" F O�_� ❑ anel I 000 —�■ O =Jet ❑ Sub ! ! #3 Bebars ■ 0 SF' Panel — — — —� 0 =Vac I ! Cont. Bond Beam — — — — — C—�W ■ ® =Bubbler Cp =Pa ei01 I ■ All Around M ■ =Waterfall Gas I Ties 12" OC ■ ■ ■ ■ ■ ■ ■ ■ - ® Meter i 'IVnlcr Un MW =Makeup W yyater O Water ❑ Meter i ! 8" Thick Marble C) �_ —� R ® =Pump �se i ! vast .0 �e =Filter I Finish e Equip. =Heater I XPLUMBING&ELECTRICAL PIPINGI i Return Inlet To Pool !. i — — — — —�— Makeup H2O Line I Return Line I Radius Varies : 6"to 2 1"Shallow End Return or WFall I I 25"Up On Deep End no o ■ ■ ■ ■ ■ ■ ■ ■ i Suction Line I I M 0 Nat.Gas Line(Main) I Nat.Gas Line(BBQ) I I Designer Name: —� #3 Rebar Steel Reinforced — — 111111111 Elect Line 240v De th < ' " Elect Line 120v • • • ' • - ' • • P 5 � 5n •---•a-••--- Low voltage Line • : Pilo'�A� Plan Date: /_/_ _ '10"z. 12" OC 6'� OC Existing Elect Line 1700 Hyatt Rd. �, a 1h TO B Pools Revised: _/_� Rev. 0 of 0 Vert. 12" OC 6" OC Property Line {f PO Box 347 / SHEET 1 OF 1 3' 5" ' ' ' ' — ' ' Southold, NY 11971 Approved: ___ 5' 4Southampton, Ny 11969 p ,_ 12"OC Each Way or � ■ ■ � Sewer Line Plan Size: Paper: 11"x 17' Scale: 1/8'-1 Floor Mesh Eaulvalent S.C.T.M. NO. DISTRICT: 1000 SECTION: 50 ,BLOCK: 1 LOT(S): 5 / / o , S60% o / / g / / o TOP OF BLUFF AS SHOWN p� // /"'/// ON SITE PLAN PREPARED BY It l , I o/ // /o�i SARDAR DESIGN STUDIO 1 if/ / l l / AND APPROVED BY SOUTHOLD ' / l o r �� TOWN BOARD OF TRUSTEES / / // J�%/ / /// // ' / // / / I 1 \��-_� if�aP'��� JULY 13, 2022 It OQ ' PROPOSED 30' WIDE MAP If ' 0° 1 \ \ \ 1 I 1 NON-DISTURBANCE BUFFER FINAL ao // 1 1 I I I N PROPOSED REVIEWED BY ZBA -DIMRO , \1�1 1 / / /// , t/ / I o \NON-TURF BUFFER ��-'°RBIN NA!!� I I, I , i , �;/ /� , ++t+t t DECISION# / // � /� \ �0 0 �l r'( l ; ( ;+ + + +"+ DATED /, +�� ++ ++ s tis 00 — / i PROPOSED -k + ++ . ) r (/ +1+�+ +f+ + S S) �� ' nM r- STONE PAVER WALKWAY I p— I I ++ +\+ + + �S S a3.6 w o / / 6gbs I `' ��--___L� / J I I +1+1 +T ++ S�tik ti ew so.3 1 PROPOSED Op„ I I ' +�++ +'+ ++ �. �► 79• GRAVEL PARKING ( I ( _ / / / I +I+ i+++ S Bw 78s / J \ ��° --� +I+l+ ++I+ FLAG Pow ` 3 ' \r' � W/BELG.BLK. CURB _ * BE REMOVED � /+ rT + s�, sS �o=� / / + +++ , + +/+ + S ti S S a 2 ^ ..::::.:::::::::::.. +,++ + ti S titi c ew o : :?: ..... .. . .. �BQ ZS, AREA LANDWARD OF CREST OF BLUFF: 18,741 S.F. or 0.43 ACRES I I I I )/ ++ + +/+++ S h� S 9 (AS APPROVED BY TRUSTEES JULY 13, 2022) I I + �/ :: ::: ++ '� A s �S y/ 7 + +DWEWLLING W/ COVERED PORCHES: 2,850 S.F. ...... /L O+1+ +++++OUTDOOR SHOWER: 18 S.F. P. + : :: : :TOTAL 2,868 S.F. or 16.8% 1 ++ ++ .....o +�++ 6> + + + .. �,S S �. / ham is ::::: ::...... Y FRAME:'::':.•:::j�;.0 N \ + ^' ^' ` ^.'ems._ - `° t?•. i::.:.:.:.:.:. 700 DWEWNG?i::::ii' .. TW 69.5 V � C F� w O BW 66.3 I I O S S S S�/ \ rAl 80.5 00° : . . .: 74 0 :ry:: ::::::::::::::::::::::::: 4 H yy0 4 W 67.3 /F TW 69!l5 �.. THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL NYSDEC COASTAL EROSION HAZARD MAP I \ 74 LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS �� �� SHOWE 75 p.\ TW 74.9 f� ......:.GF 676`. 0• .. AND OR DATA OBTAINED FROM OTHERS. PHOTO N0.56-570-83 08/29/88 PROP. 3' WIDE STEPPING STONES \�� BN�7 4\ 73.7 B ry° eQQ e AREA: 38 781 .49 SQ.FT. or 0.89 ACRES ELEvnnavDATUM: NAVD88 UNAUTHORIZED ALTERATION OR ADDI77ON TO THIS SURREY/S A WOLA77ON OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN Ay S� ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77TU77ON —70 /\' DRAIN 6`Z LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. PROP. POOL EQP. 68� E 61.8 THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES 7rJ THE STRUCTURES ARE FOR A SP£Gf1C PURPOSE AND USE THEREFORE THEY ARE 6 � NOT INTENDED 70 MONUMENT THE PROPERTY UN£S OR 70 GUIDE THE EREC77ON OF FENCES ADD177ONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS S c �W B4. NC /Y AND/OR SUBSURFACE STRUCTURES RECORDED G7 UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISS AT THE 77ME OF SURVEY POOL WASTE WATER `o SW 64.5_- / / i • SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: JOHN COSENZA' DRY WELL , 6�, S6 MAP OF: / 60 --- 60 FILED: / U.P. HORTON POINT w 588 SITUATED AT: 58 --�� Town OF:SOUTHOLD SUFFOLK COUNTY, NEW YORK KENNETH M WOYCHUK LAND SURVEYING, PLLC 00, Professional Land Surveying and Design / �� `,f P.O. Box 153 Aquebogue, New York 11931 FILE 1222-135 SCALE: 1"-30' DATE:OCT. 5, 2022 T PHONE (631)298-1588 FAX (631) 298-15N REVISED 1 1 -08-22 N.Y.S. LISC. NO. 0508B2 Fuentes, Kim From: Fuentes, Kim Sent: Tuesday, March 5, 2024 3:07 PM To: 'Patricia C. Moore'; 'Betsy Perkins'; 'Kylee DeFrese' Cc: Sakarellos, Elizabeth;Westermann, Donna Subject: Reminder: ZBA Decisions - request for documents Hi Pat, Reminder: We are still waiting for documents, pursuant to the ZBA decision, in order for us to close the following files: 1. #7674 —465 Brown Street, Greenport—two original revised signed and sealed surveys. 27.8'.0 enz � o►tup ateor�ibgi,nal igneda�alsealdsuye�ys`shomng�*pol� uiprrrent_arrci vel'1 loc t o s 3. #7737 — Smyth —two updated original signed and sealed survey/subdivision maps showing the removal or relocation of coop, arbor and car port in code conforming locations. Furthermore, has Covenants and Restrictions been approved by the Town Attorney. 4. #7720 — Orlofsky —two updated signed and sealed survey/site plan/architectural plans depicting approved lot coverage. Your attention to this matter will be greatly appreciated. Kim E. Fuentes Board Assistant Zoning Board of Appeals Coordinator, Historic Preservation Commission 631-765-1809 kimfc,,,southoldtownny-gov Location: 54375 Main Road Mail:P.O. Box 1179 Southold, NY 11971 f� BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson S®(/T� 53095 Main Road•P.O. Box 1179 Patricia Acampora ®� ®�® Southold,NY 11971-0959 Eric Dantes s Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento ® a� 54375 Main Road(at Youngs Avenue) UNTV, Southold,NY 11971 c® � RECEIVED http://southoldtownny.gov 6JA" / I)so Am ZONING BOARD OF APPEALS AP 2 4 2023 TOWN OF SOUTHOLD Tel. (631) 765-1809 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 20,2023 ZBA FILE: #7780 NAME OF APPLICANT: John Cosenza PROPERTY LOCATION: 1700 Hyatt Road, (adj. Long Island Sound), Southold,NY SCTM No. 1000-50-1-5 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type I1 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 February 28, 2023 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated April 3, 2023. Based upon the information provided on the LWRP Consistency Assessment Fornn submitted to this department, as well as the records available, it is recommended that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. Note: The Southold Town Board of Trustees issued a permit(#10185) requiring a non-disturbance and non-turf buffers and additional mitigation. TOWN OF SOUTHOLD BOARD OF TRUSTEES: As part of a landscape plan review,the Southold Town Board of Trustees issued permit 410185, dated July 13, 2022 pennitting placement of a"splash"pool with a setback of 75 feet from the crest of the bluff. The applicant is required to establish a 30 feet wide non-disturbance area landward of the crest of the bluff hosting a mix of drought tolerant native grasses, perennials and ground covers and a non-turf buffer. No irrigation is permitted seaward of the retaining wall. PROPERTY FACTS/DESCRIPTION: The subject, 38,781.49 square feet, .89 acre (18,741 square feet, .43 acre buildable area landward of the crest of the bluff), rectangular-shaped, waterfront parcel located in the R40 Zoning District measures 100 feet along Hyatt Road(a private right of way),then runs west 380.25 feet along a residentially developed lot to the north to the Long Island Sound, then runs 100.79 feet at a tie-line outside the mean high water mark and returns 395.67 feet back to the roadway,along a residential lot to the south currently being developed. The parcel contains a 2-story wood frame dwelling with garage underneath, a covered entry porch, stone steps and retaining walls, a gravel driveway with Belgium block curbing, covered side entry stoop with access stairs, a rear slate patio and outdoor shower, a stone retaining wall landward of the bluff, wood steps with various landings to the Page 2,April 20,2023 #7780,Cosenza SCTM No. 1000-50-1-5 proposed trapezoid-shaped `plunge' or `splash' pool as shown on the survey prepared by Kenneth M. Woychuk, Land Surveyor, last revised November 8,2022. BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-116A(1)and the Building Inspector's January 6,2023 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool,at; 1) located less than the code required 100 feet from the top of the bluff; located at: 1700 Hyatt Road, (Adj. Long Island Sound), Southold,NY, SCTM No. 50-1-5. RELIEF REQUESTED: The applicant requests a variance to attach a 122 square feet inground, trapezoid-shaped `plunge' or`splash' pool,measuring 4 feet by 20.6 feet by 8 feet and by 20.3 feet to an existing residence slate patio with a finished bluff setback of 76 feet where the code limits such improvements to a minimum bluff setback of 100 feet. ADDITIONAL INFORMATION: The subject parcel was developed in 2000 after receiving Zoning Board of Appeals relief under file #4858 granting construction of a single-family residence at 70 feet from the crest of the bluff at the northeast corner of the lot and 81 feet from the crest of the bluff at the northwest corner of the lot. The home, when built,was constructed with a setback of 81 feet from the crest of the bluff. Improvements on the subject parcel are covered by Certificate of Occupancy #Z-29751 issued October 2, 2003 covering a single-family dwelling with 2-car garage under, covered front entry, rear porch, 2nd floor balcony as applied for and as per conditions of ZBA 44858 and#Z-35914 issued October 1,2012 covering"as built"alterations to an existing one family dwelling for an accessory apartment. The applicant provided a pool schematic plan prepared by Tri-M Pools, Inc. Including the proposed `splash' pool, lot coverage represents 16.15% of the buildable lot area of 18,741 square feet. The applicant's agent provided examples of similar relief granted in the following applications: #4733 dated 8/18/99 granting a bluff setback of 25 feet for an enclosed porch #7184 dated 9/1/18 granting demolition of an existing residence(immediate neighbor of applicant to the west) and new construction 75 feet from the crest of the bluff with a pool in a side yard location 80 feet from the crest of the bluff. #7731 dated 2/21/23 granting a new design for file#7184 with new construction at 76.5 feet with the pool removed from the application. No member of the public or an immediate neighbor spoke in favor of or against this application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 6,2023 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 V67-W)(b M. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject parcel is accessed via a private right of way, known as Hyatt Road, which crosses multiple lot lines allowing access to a majority of Long Island Sound-front residences and upland homes. The roadway is unimproved and narrow; few people other than immediate residents use this roadway. The subject residence was built with a front yard setback of 51 feet from Hyatt Road, as such, an 81 feet bluff setback was established from the rear of the structure, despite ZBA file 44858 granting construction relief at 70 Page 3,April 20,2023 #7780,Cosenza SCTM No. 1000-50-1-5 feet. The expansion of the residence to include an `attached' pool reducing the bluff setback to 76 feet will not be discernable to passersby or those on the Long Island Sound. Furthermore,accessory pools are common to residences throughout Southold Town. 2. Town Law V67-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,other than an area variance. As evidenced in the application and testimony offered during the public hearing, as a result of the residence straddling the 100 feet bluff setback, any accessory structure or expansion of the residence seaward will require relief of some form or another. 3. Town Law V67-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 24%relief from the code. However,the original residential structure was built farther from the bluff setback than relief granted in ZBA file #4858, the natural terrain slopes away, and is lower, from the crest of the bluff towards the house and the requested pool is reasonable in size,given its location,attachment to an existing slate terrace and outdoor shower and the landscaping plan as approved by the Town of Southold Board of Trustees, including a substantial, 30 feet wide non-disturbance buffer, along with additional non-disturbance areas. 4. Town Law V67-b(30)(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 and follow the Town of Southold Trustees requirements in permit#10185 dated July 13, 2023. 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 �267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a 122 square feet inground,trapezoid-shaped `plunge' or`splash' pool,measuring 4 feet by 20.6 feet, by 8 feet and by 20.3 feet attached to an existing residence slate patio with a finished bluff setback of 76 feet while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Planamento,seconded by Member Lehnert,and duly carried, to GRANT the variance as applied for, and shown on the survey prepared by Kenneth M. Woychuk, Land Surveyor, and last revised November 8,2022. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant is to adhere to all requirements of the Town of Southold Trustees permit#10185,dated July 13, 2022 2. Pool pump equipment/mechanicals must be located a minimum of 20 feet from any property line or be contained in a shed type enclosure with a lot line set back that is in conformance with the bulk schedule for accessory structures and no closer to the bluff then the pool itself 3. Drywell for pool de-watering shall be installed no closer to the bluff than the pool itself. 4. Prior to the issuance of a building permit for the improvement,the applicant is to submit to the Zoning Board of Appeals a signed and stamped, updated survey illustrating the placement of the pool equipment and the dry well for pool dewatering. Page 4,April 20,2023 #7780,Cosenza SCTM No. 1000-50-1-5 This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of AppeaIN,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 APPROVALS)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,site plan 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 this action. 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). eslie Kanes Weisman, Chairperson Approved for filing / �//2023 4-�-c-C/ CE LOCATION: O�*QF SU(/r MAILING ADDRESS: own Hall Annex P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) y 4W '1 �KSouthold, NY 11971 ap@ Telephone: 631 765-1938 29, �i�J �3CZ� ouNty, LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Leslie Weisman, Chair APR 0.3 2023 Members of the Zoning Board of Appeals Zoning Board of Appeals From: Mark Terry,AICP Assistant Town Planning Director LWRP Coordinator Date April 3,2023 Re: LWRP Coastal Consistency Review for ZBA File Ref JOHN COSENZA SCTM# 1000-50-1-5. JOHN COSENZA#7780-Request for a Variance from Article XXIII, Section 280-116A(1)and the Building Inspector's January 6,2023 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool,at; 1)located less than the code required 100 feet from the top of the bluff; located at: 1700 Hyatt Road, (Adj.Long Island Sound), Southold,NY. SCTM No. 1000-50-1-5. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,the proposal is recommended as CONSISTENT with the LWRP. This determination was made with the following recommendations: 1. The Southold Town Board of Trustees issued a permit(10185)requiring a non-disturbance and non turf buffers and additional mitigation. Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Paul DeChance, Town Attorney f COUNTY OF SUFFOLK rrk RECEIVED OFFICE OF THE COUNTY EXECUTIVE MAR 0 1 2023 Steven Bellone SUFFOLK COUNTY EXECUTIVEF-, �a' Sarah Lansdale Depa1rt9T@% "�d'dt App Commissioner Economic Develolrm'ent`:fnd-'Plii ning- February 28, 2023 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number David Russell #7766 ►U al Nicholas Aliano #7770 Gwen Hyman/Andrew Carmellini #7776 3u� Peconic Community School #777.TSE A014 Henry& Ambriel Bostic #7777 Jua1?_ Domeluca LLC #7778 M" , Thomas Bauer #7 7 7 9 AA,M-, John Cosenza #7780 A yoI Eric Dorf #7783 ,lt),ai?- Nora Tuthill Glueck #7784 "Iuv,e- Fleicia Tenedios #7785 -5L4,e_ Very truly yours, R /`y?i v By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning & Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 FORM NO. 3 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT FE9,14,2023 SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Zoning Board of Appeals DATE: January 6, 2023 TO: Patricia Moore (Cosenza) 51020 Main Road Southold,NY 11971 Please take notice that your application dated November 14, 2022: For permit to: construct an accessory in-ground swimming pool at: Location of property: 1700 Hyatt Road, Southold,NY County Tax Map No. 1000—Section 50 Block 1 Lot 5 Is returned herewith and disapproved on the following grounds: The proposed construction, on this nonconforming 38,781.49 sq. ft. parcel 08,741 sq. ft. buildable land) in the Residential R-40, is not permitted pursuant to Article XXII Section 280-116A(1),which states, "All buildings or structures located on lots upon which there exists a bluff landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff." The survey shows the construction at 76 feet from top of bluff. 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. . APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only '11 Fee: $ Filed By: D e RECEIVED Assigned/Assignment No. FEB Y 4 202 Office zo"1119 Board of Ap Notes: als House No. 1700 Street Hyatt Road Hamlet Southold SCTM 1000 Section_50 Block_1 Lot(s)_5_Lot Size 38,792 Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON MAP DATED 11-8-22 Applicant(s)/Owner(s): John Cosenza Mailing Address: 129 W 80t' Street, Apt 4, NY, NY 10024 Telephone:917-776-5238 Fax #: _c/o 631-765-4643_ Email:_pcmoore@mooreattys.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 Esq. for (X) Owner, or ( ) Other: Agent's Address: 51020 Main Road, Southold NY 11971 Telephone_631-765-4330 Fax #: 631-765-4643 Email: pcmoore(ir,m ooreattys.com Please check box to specify who you wish correspondence to be mailed to, from the above names: C Applicant/Owner(s), or X Authorized Representa ' or C Other Name/Address below: RECEIVED 1 WHEREBY THE BUILDING INSPECTOR REVIEWED AP 8"023 _11/8/22_ and DENIED AN APPLICATION DATED z FOR: X Building Permit Bard°f APPeals C Certificate of Occupancy C Pre-Certificate of Occupancy C Change of Use C Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article Section 280- Subsection Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. C A Variance due to lack of access required by New York Town Law-Section 280-A. C Interpretation of the Town Code Article Section C Reversal or Other A prior appeal X has , has not been made at any time with respect to this property, UNDER Appeal No. _4858 Year 2000 (house setback from bluff- approved 70' from bluff. House further back from the bluff than approved. Proposed pool at 76' and 77' from the bluff(Please be sure to research before completing this question,or call our office for assistance.) Name of Owner: John Cosenza ZBA File # REASONS FOR APPEAL additional sheets may be us signature): REC. FEB 1.4,2023 AREA VARIANCE REASONS. Zoning Board of Appeals (1) An undesirable change will not be produced in the the neighborhood or a detriment to nearby properties if granted, because: The previous variance runs with the land and applicant requested that the pool be permitted to be constructed since the setback is greater than the ZBA approved for the house. If the house was permitted at 70' then a small swimming pool should be permitted under the previous ZBA approval. The house is located at 5P front yard, this resulted in the setback of the house from the top of bluff to be at 81' rather than what the ZBA had approved (70'). (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 are no structures which can be constructed in the rear yard without a variance. The applicant has designed a swimming pool which is minimal (Splash ool).In order to maintain the maximum setbacks to the top of the bluff. The Trustees reviewed the application and established bot non-disturbance and non-turf buffers seaward of the existing retaining wall. The Trustees did not object to accessory structures in the rear yard between the retaining wall and the house. (3) The amount of relief requested is not substantial because: The Zoning Board has previously granted variances for a house (foundation) at 70' from the top of the bluff. The proposed pool is within this approved variance setback. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: - The proposed accessory structure is in the open area of the rear yard adjacent to the Top of Bluff. There & a 30' no disturbance area landward of the slopes which are the natural feature and a no disturbance area. In -addition, an additional non-turf buffe - was required to- landscape wall. The house was constructed! with p oper V64M and gutters and the slopes of the property run toward the road the TE bluff. Zoning Board of Appeals (5) Has the alleged difficulty been self-created? (X )Yes, or ( )No. Are there Covenants and Restrictions concerning this land: X No. XYes (please furnish copy). Trustees non-disturbance & non-turf C&R's recorded see attached This is the,MINIMUM that is necessary and'i adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET.- (Please be sure to consult your attorney.) r' Signature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner)_& Sworn to before me thi daw of, 0 ry Publi 8ETSYA.PERKINS Notary Public,State of New York No.0 1 PE6130636 Qualified in Suffolk Coun��..��.— Commission Expires July 18, CC#: C22-32616 ...art COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK 4and, I, JUDITH A. PASCALE, Clerk of the County of Suffolk andCourt of Record thereof do hereby certify that I have compared the annexed with thAppeals DECLARATION recorded in my office on 08/31/2022 under Liber D00013172 and Page 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 08/31/2022 SUFFOLK COUNT/Y� CLERK (;7—cc zx- a. JUDITH A.PASCALE SEAL 11111111111111 IN4/1 IIIIII�IIII�IIIIIIIIIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 08/31/2022 Number of Pages : 10 At: 01 :59:28 PM Receipt Number : 22-0140722 LIBER: D00013172 PAGE: 092 District: Section: Block: Lot: 1000 050 . 00 01 .00 005 .000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $50 . 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 $12 .50 NO RPT $200 .00 NO Fees Paid $302 .50 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, 'Suffolk County as Number of pages / RcCORDED FTJ _tI_ ,ITN A.R M��f D CLERK OF This document will be public UI•FOLKFr[. 2023 record. Please remove all L DJOCIU-161,�Z. . Social Security Numbers P 092 Zoning Board of prior to recording. Appeals Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 S u b Tota I Notation Spec./Assit. _ t or EA-52 17 (County) Sub Total `�� Spec. /Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. Held forAppointment Comm. of Ed. S. 00 Transfer Tax Affidavit �+ Mansion Tax �� Z�O �� The property covered by this mortgage is TertifiedCopyy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other � S� Grand Total If NO, see appropriate tax clause on J— page# of this instrument. 4 Dist. 1000 4959916 1000 05000 0100 005000 5 Community Preservation Fund Real Property P T S 11111111111111111111111111111111111 Consideration Amount$ MTax Service R SMI A Agency 19-AUG- CPF Tax Due $ Verification pp Improved 6 Satisfactions/Disc harg s/CORD eRETURNpeTO:yOwners Mailing Address Vacant Land Patricia C. Moore 51020 Main Road TD Southold, NY 11971 TD TD Mail to: Judith A. Pascale, Suffolk County Clerk Title .Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached DECLARATION OF COVENANTS made by: (SPECIFY TYPE OF INSTRUMENT) John Cosensa The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of, Southold The Town of Southold In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over ao Number of pages ( RECORDED 2022 Aug 31 01:59:28 PM _TUDITH'R. PASCALE CLERK OF This document will be public SUFFOLK COUNT'! record. Please remove all L D0O013172 Social Security Numbers P 092 RECEIVE® prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps FEB 1 4 2023 — 3 FEES Page/Filing Fee Mortgage Amt. Zoning Board of Appeals 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 SubTotal Notation Spec./Assit. or EA-52 17(County) SubTotal Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. Held forAppoiritment Comm.of Ed. S. 00 Transfer Tax Affidavit D Mansion Tax JCertified The property covered by this mortgage is Cop � or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other oa 50 Grand Total If NO, see appropriate tax clause on fl page# of this Instrument. 4 1 Dist.1000 4959916 1000 05000 0100 005000 PConsideration Community Preservation Fund Real Property P T S IIWII�IIIW�III�WI��I�IUIIIW Amount$ Tax Service R SMI A W W Agency 19-AUG F Tax Due $ Verification Improved 6 Satisfactions/DischargeCORD&RETURN�p yOwners Mailing Address Vacant Land Patricia C. Moore 51020 Main Road TD Southold, NY 11971 TD TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached DECLARATION OF COVENANTS made by: (SPECIFYTYPE OF INSTRUMENT) John Cosensa The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold The Town of Southold In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over DECLARATION OF COVENANTS THIS DECLARATION made this 16 day of/4(*0sr 2022 by John Cosensa,res ding at W*j$D street, Apt 4,New York,NY 10024,hereinafter referred to as "DECLARANT(S ": FEB Y 4 2023 Zoning Board Of Appeals WITNESS.ETH: WHEREAS,DECLARANT(S) is/are the owner(s)of certain real property located on .1700 Hyatt Road, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 50, Block 1,Lot 5 which is more particularly bounded and. described as set forth in Schedule "A" annexed hereto,hereinafter referred to as the Property; WHEREAS, the Property is situated on lands within the jurisdiction of the Board.of Trustees of the Town of Southold (hereinafter the Trustees) pursuant to Chapter 275 of the Town Code of the Town of Southold or its successor, and various activities conducted upon the property may thus be subject to the regulation and approval of the Trustees prior to being conducted; WHEREAS, the DECLARANT(S) therefore made application to the Trustees for a permit pursuant to the Wetlands Law of the Town of Southold to undertake certain regulated activities;.arid WHEREAS, as a condition of the granting of a Wetlands Permit to undertake such regulated activities,the Trustees required Wetland Permit for a non'disturbance area Seaward the of Top of Bluff with existing vegetation to remain natural; additional 30'non-Disturbance area to be planted with drought tolerant native grasses and perennials; landward of non-disturbance buffer a non-turf/no mow zone to be planted with drought tolerant native grasses and perennials up to retaining wall; above plantings detailed on planting plan dated May 12,2022'and received May 18, 2022; irrigation landward of top of bluff until vegetation is established only; remove existing flagpole;pathway through non-disturbance buffer with 26 stone pavers (3'x3' stones)to existing beach access;repair existing 4' 1" high stone retaining wall located landward of non-turf buffer;place existing clean fill _ L and topsoil (from the excavation of pool)and regrade rear yard landward of REE grade to the height of house terrace (average height of terrace above grade 's 2 feet); 2 FEBrear yard to capture all runoff; 75'from top of Zoning Boabluff plunge pool angled width 7'3'to 57'to 3'81/2" by 22' and maintain 3 regrade east side yard of property for placement of pathway with 3'x3'Mlagstone pavers and 3°x 6; . 26 stone pavers set into the slope and level with the retaining wall(grade rising from elevation 66 to elevation 72 on.north)to tie into existing retaining wall;plant;slope with new native species along east side of property and proposed stone pavers set into slope; along west side of property plant native trees and vegetation to thicken existing vegetation;.repair existing concrete block wall on west side of property line; in front yard(beyond 100') new gravel parking area with Belgian block curb-to match driveway; with the condition that the pool is tied into a'drywell no further seaward than the pool itself;that the pool equipment is located no further seaward than the pool itself and surrounded with noise cancelling structures or plantings;that no permanent irrigation or fertilizer be used seaward of retaining wall. WHEREAS,the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of the Property. NOW, THEREFORE,the DECLARANT(S) do/does hereby covenant and agree as follows: Upon the substantial.completion of the aforementioned permitted activities there shall be established Wetland Permit for a non disturbance area Seaward the of Top of Bluff with existing vegetation to remain natural; additional 30'non-Disturbance area to be planted with drought tolerant native grasses and perennials; landward of non-disturbance buffer a non-turf/no mow zone to be planted with drought tolerant native grasses and perennials up to retaining wall; above plantings detailed on planting plan dated May 12,2022 and received May 18, 2022; irrigation landward of top of bluff until vegetation is established only; remove existing flagpole;pathway through non-disturbance buffer i with 26 stone pavers (3'x3' stones)to existing beach access; repair existing 4' 1" high stone retaining wall located landward of non-turf buffer;place existing clean fill and topsoil (from the excavation of pool) and regrade rear yard landward of retaining wall to bring grade to the[eightoffi ]Aeals (average height of terrace above grade is 2 feet); 2 drywells in rear yard to c �l A14from top of g Board o 1) bluff plunge pool angled width TY to 5'2" to 3'81/2" by 22' and maintain 307 sq. ft. existing terrace; regrade east side yard of property for placement of pathway with 3'x3' Mlagstone pavers and 3°x 6% 26 stone pavers set into the slope and level with the retaining wall (grade rising from elevation 66 to elevation 72 on north)to tie into existing retaining wall;plant slope with new native species along east side of property and proposed stone pavers set into slope; along west side of property plant native trees and vegetation to thicken.existing vegetation; repair existing concrete block wall on west side of property line; in front yard(beyond 1.00')new gravel parking area with Belgian block curb to match driveway;with the condition that the pool is tied into a drywell no further seaward than the pool itself,that the pool equipment is located no further seaward than the pool itself and surrounded with noise cancelling structures or plantings; that no permanent irrigation or fertilizer be used seaward of retaining wall; as defined by Chapter 275 of the Town Code, as detailed on permit#10185. and as depicted on the site plan prepared by Sardar Design Studios,received on May 18, 2022 and stamped approved on July 13, 2022. "Exhibit B" 2) These covenants shall run with the land and shall be binding on the DECLARANT(S), his/her/their heirs,assigns,purchasers,or successors in interest and may only be modified after a public hearing and upon resolution of the Trustees. 3 1 IN WITNESS WHEREOF, the owner(s) has/have duly executed this instrument ./ I this P 5 day of (1 (; <" RECEIVED FEB 14. 2023 Zo ing Board of Appeals J n osensa STATE OF NEW YORK) COUNTY OF SU r190 g K On the 6 day of CjVgV§r, in the year 2022, before me the appeared JOHN COSENSA,personally known to me or proved to me on the basis of satisfactory evidence to be the induvial(s)whose name(s) is/are subscribed to the within instrument and acknowledge 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 et A Notary Public KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01 DE6420156 Oualified in Suffolk County ,sion Expires 08-02-2025 4 z : s L--, FIDELITY NATIONAL TITLE INSURANCE COMFY::: TITLE NO.740d s__,• 113 SCHEDULE A-1 (Description of the Land) For Tax Map 1D(s): 1000.050.00-01.00-005.00o AMENDED 12/14/2020 ALL that certain plot,piece or parcel of land,situate,lying and being in the Village and Town of Southold,County of Suffolk and State of New York,bounded and described as follows: 1 BEGINNING at a concrete monument set on the northwesterly line of a 50 foot strip of land hereinafter described as a r ght RECEIVED of way,at the northeasterly corner of land now or formerly of Virginia M.Toedter; THENCE North 64 degrees 50 minutes OQ seconds West along said lands now or formerly.of Virginia fYl.Toedter 395.6� FEB y 4 2023 feet to a tie line which marks the high water mark of Long Island Sound; 1 ThENCE North 32 degrees 23 minutes 10 seconds East along said tie line which marks the high water mark of Long Island Sound 100.79 feet to lands now or formerly of William E.Wurtz and Lillian B.Wurtz; Zoning Board of Appeals THENCE along said.land,South 64 degrees 50 minutes 00 seconds East along said lands 380.25 feet to a monument and the westerly side of the right of way(Hyatt Road); THENCE along the westerly side or the right of way(Hyatt Road)South 23 degrees 35 minutes 20 seconds West 100.03 feet to a monument,the point or place of BEGINNING, TOGETHER with Right of Way over said 50 foot strip of land along the first courses above described and thence in a general southwesterly direction about 630 feet to a certain 20 foot strip of land; THENCE.over said 20 foot strip of land in a general southeasterly direction,about 500 feet to the southeasterly boundary of land now or formerly of said Walter E.Hyatt; THENCE over the existing roadway in a generally southerly direction to Sound View Avenue; Also aright of way 20 feet in width beginning at the southwesterly line of the premises,on the beach near the foot of the south bluff; RUNNING THENCE in a general southwesterly direction near the foot of said bluff about 1075 feet to a point near the end of said bluff; THENCE Southeasterly and then southerly and then again southeasterly and then again southerly to Horton Lane; RESERVING a right of way over a strip of land 20 feet in width,the southwesterly end of which begins at the northeasterly end of the last described right of way and runs northeasterly across the premises to land now or formerly of said Warner, which said right of ways are set forth in Liber 4810 cp 391 and Liber 2739 cp 68. THE POLICY 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 CONVEYANCING ONLY: Together with all the right,title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining said premises. END OF SCHEDULE A Commitment for Tille Insurance Printer): 03.07.27 @ 0857 AM ScheduleA•1 Description NY-FT-FRVH-01030.431004•SPS-1-20-7404-010113 ---------- a t WI ......... BOARD OF SOUTHOLD TOWN TRUSTER-2 SOUTHOLD,NEW YORK RECEIVED PERMIT NO. 10185 DATE: JULY 13,202f EB 14 2023 44 ISSUED TO: JOHN COSENZA Zoning Board of Appeals PROPERTY ADDRESS: 1700 HYATT ROAD,SOUTHOLD SCTM#: 1000-50-1-5 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in .1 accordance with the Resolution of the Board of Trustees adopted at the meeting held on July 13, 2022,and in :j consideration of application fee in the sum of$250.00 paid by John Cosenza and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and per mits the following: Wetland Permit for a non disturbance area Seaward the of Top of Bluff with existing vegetation to remain natural; additional 301 non-Disturbance area to be planted with drought tolerant native grasses and perennials; landward of non-disturbance buffer a non-turf/no mow zone to be planted with drought tolerant native grasses and perennials up to retaining wall; above plantings detailed on planting plan dated May 12,2022 and received May 18, 2022; irrigation landward of top of bluff until vegetation is established only; remove existing flagpole; pathway through non-disturbance buffer with 26 stone pavers (3' x3l stones) to existing beach access; repair existing 4' V high stone retaining wall located landward of non-turf buffer; place existing clean fill and topsoil (from the excavation of pool) ) and re grade rear and landward of retaining wall to bring grade to the height of house terrace(average height of terrace above grade is 2 feet); 2 drywells in rear yard to capture all runoff, 75' from top of W bluff plunge pool angled width 713'! to 5'2" to 3'81/2" by 22' and maintain 307 sq. ft. existing terrace; regrade east side yard of property for placement of pathway with 31 x3' flagstone pavers and 3' x 6'; 26 stone pavers set into the slope and level with the retaining wall (grade rising from elevation 66 to IF elevation 72 on north) to tic into existing retaining wall; plant slope with new native species along east % side of property and proposed stone pavers set into slope; along west side of property plant native trees and vegetation to thicken existing vegetation; repair existing concrete block wall on west side of property A 6i line; in front yard (beyond 100') new gravel parking area with Belgian block curb to match driveway; 2, With the condition that the pool is tied into a drywell no further seaward than the pool itself, that the pool equipment is located no further seaward than the pool itself and surrounded with noise cancelling structures or plantings; that no permanent irrigation or fertilizer be used seaward of retaining wall; and as depicted on the site plan and planting plan prepared by Sardar Design Studio, received on May 18, 2 2022 and stamped approved on July 13,2022. IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed,and these presents to be subscribed by a majority of the said Board as of the year and day first above written.F01 ------- . .... qi ht TERMS AND CONDITIONS EJ The Pennittee John Cosenza residingat 1700 Hyatt Road Southold Ne York consideration for the issuance of the Permit does understand and prescribe o the f1. That the said Board of Trustees and the Town of Southold are release fiZQn'0 damages, or claims for damages, of suits arising directly or indirectly operation performed pursuant to this permit, and the said Pennittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months,which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for . an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved,to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees,the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required, upon due notice,to remove or alter this work project herein stated without expenses to the Town of Southold. 8. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety(90)calendar days of issuance of this permit. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. 11. No right to trespass or interfere with riparian rights. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights,title, or interest in real or personal property held or vested in a person not a party to the permit. 56 EQUIVALENT TO DISTANCE FROM TOP OF - - - - 58 BLUFF TO FLAGPOLE. IF ALLOWE PLANTED :` — - — — — — — 60 WITH MIX Of•DROUGHT TOLERANT NATIVE f _ GRASSES AND GROUNDCOVERS THAT REQUIRES 6` MINIMAL. IRRIGATION TO ESTABLISH. IF NOT ji% /r -' - 64 THEN LEFT NATURAL AS IS �rrri�i ! rfyr'•. - - - 66 68 LIIyF 2E SET_B•,eCh•-E(�UIVAL.EN1._T_9 .%!i,.rf �"� "- — :- --. ._._.- --- DISTANCE FROM TOP OF BLUFF 70 TO FLAG POLE rfr/l72 THICSEN-_51D @D_EEER_XONFS !. �! / '+� %'r, ,••: —`Tod' of BLUFF WITH NATIVE /;, !✓!�/lF. j/' r! TREES AND SHRUBS %r !%'c'� ij�! %%ri rti/,ij;:/,r /l/il;!!'.�ryi'• — / ,,i i !•r✓ .•' /If I Y !j;':i%'':.:' E OVF -. IS L FLA P - RETAINING WALL 70 EDGE OF — _. _M..__: :LI__.___.t_.._._S-.4LE. •ifi r� � r Yi;.i•i/Sri �: +`—__ FAt4O) DISTURBANCE AREA REQUIRES NO MOWING. ! .::•j.`'i/r..•,r.:f.�/; .r.. �i r/; qED-3.1+�nF crnNE��. 7� TH OUGH NO DISTURBANCE j 'f FLEAS. WALK TO EXISTING `��� s ' ; PAIP G'-1' HIrII STONF a BEACH ACCESSQ _``t „�� RETAINING WALL. NATURAL SLOPE ,� ..`fir \ -` �.,- FROM ;OP OF WALL �. 0 70' SETBACK ��\ TO TOr OF BLUFF TO REMAIN H _ REGIJADE' THIS AflEA'fO BE .A I' L1.J �"'I 75' SETOAC \ " 3"y -- SAME LEVEL AS TERRACE Lli co LJ_ 100' SETBNACK / `._ A .E2GRA()L 7t1J$ ARFA C 1�`N!, l� FOR REGULAR SLOPE, 77 % TIE INTO E)REGULAR SG .0 7NIC�Frj�j(ZE�FS�WITH 70TIVE GB ,• ,I -- -_r _ -, ` �\� STAINING WAIL N TREES AND SHRUBS TIVE SPECIES PI UNGF Prini RPFIINn 75' '�_- ;\S` LAND CARDEN. SET BACK r- '( • ✓ DROUGHT TOLERANT ONCE APPROVED BY ZBA --n - i; �r f/ p AFTER ESTABLISHMENT PltO�s�Fl) �:4(9.L REPAIR EXISTING _ -` -- 2 STOi!t FRdLC. HO SE"••- T<�r. PAVERS SET INTO CONC BLOCK WALL _ — 7Q ��1 S PE , 66`%'� 56 ` ryNEW�,IjAVEa_PARf<iNG _ w , AREA WITH BELGiAM ©LOCK CUR TO MA I'OFi DRIVE C 'l 54 58 I60 '62 r , v rn n Z ;q RECEIVED ,� ° c7 � -� 0 0 FEB 1.4 2023 D 0 a Zoning Board of Appeals u1 o O = Z N o Im -� r D 1 NOT FOR CONSTRUCTION ODD C ?j U, Ci .j.N C W 4N] I1! ! rod D 7--I'I�T7 C 1 n FA I r ISSUE DESCRIPTION DATE IT C ' uraormx vu C�1 ni!T7O(n�p I >K:: � LnDz rD0—+O*z zz��jM 0 _ �YtWRL1 .ARO SR DESIGN SNDiO ` .aorsom �1 r ��r SD/52 E tlln 11 OrwnE FL `��/ If.. I ■\ New AA NY 10007 ® V ,'``r7 T 212-72D r 212 727 269 2eD1 smam 1700 HYATT ROAD MAY 1 8 2022 SOL'THHOLD NY 11971 S!TE PLAID Southold Town Board of Trustees j 0/1 L-100 �i,2i� .1.R -R ASA !2167 D z - O e-f") n W ('V Q fr- I I «�n' w N}I o N 1— z W r 1 'G a O •~� U Q o U W I a >- O LLJ co = H c 0 LU CID in O i _ ; N 0 I oN N Z APPROVED BYo �, y BOARD OF i RUSTEES -- � 3 TOWN OF 50UTH0 -_ _ _ ' -- - -___ _ o ti 0o a 1- O DATE HIGH WATER- MARK `- TVI,,( w o m I _ I FOOT OF BLUFF 4 ..1u2\ ... .. 14 — -- 16 77. 20 22 24 26 z3 NON - —. - - -- 30 DISTURBANCE 32 AREA SEAWARD 34 OF TOP OF - 36 BLUFF:EXISTING 39 VEGETATION 4° TO REMAIN 42 NATURAL 44 COASTAL EROSION HAZARD TOP OF RI I_1FF54 \ 52 - -. 56 0 EQUIVALENT I'0 UISTANCE FROM T(W OF _-_. `-- 58 BLUFF' '10 FLAGPOLE. IF AL.LOWE PLANTED --'-• " '— '- .- -- — — _ 60 WITH MIX OF DROUGHT TOLERANT NATIVE GRASSES AND GROUNDCOVERS THAT REQUIRES i \% - 62 MINIMAL. IRRIGATION TO ESTABLISH. IF NOT 64 THEN LEFT NATURAL AS IS - ir%j% 66 C,!NL-QF-5E1�_RACK EQQ IVAI, .NT..7Q / % �'r�! .�i - --- _ ,: ... 68 DISTANCE FROM TOf�OF BLUFF TO FLAG POLE i0 ��i/..`L. YI — 72 r % THICK,FN ATNt wlrFl NAnvE !i/ ,i ;. ,�!; ,-,�,,,,,�,.. ---=TUF OF BLUE ;1, !! !., i ..Lnc,:rri ; >.':ir' li.Ali.. TREES AND SHRUBSitrr! ^� __.....R..EM.S1Yf_G.XIT1Nk_Ft ACP-4.LF NON....TURF GROUND COVER FROM TOP 0� jj f'lr! '%''" ", r, r:r. /�/i "r i✓ RETAINING WALL TO EDGE OFF ` "�•i/.":;:; ;:%<:: "ii ' ! NUN-DIS'IURE3ANCE AREA REQUIRES NO \ Yr...' %;:�;;.(: !%.; .�: +,;r::i -;'!;; •i!i MOWING. —pRQpjaSF.O-3:-wDE.SLQNr 7') %/s ''T%!y`'j::'ii1{'/ •i i.. :, PAVER PATH THROUGH NON DISTURBANCE'----_._\ AND NON TURF AREAS. WALK TO EXIS'rINCRFPAIII 4'-1' 411cH gF0NF BEACH ACCESS �: I + wnrou nwgcww - RETAINING WALL. NATURAL SLOPE FROM TOP OF WALL 70' SE 1-BACK TO l0i OF BLUFF 1'0 REMAIN RLGR-AQL THIS AREA TO BE Al 75' SE TBAL \ * -�'_.�` t �__�___._._._.. SAME LEVEL AS TERRACE 100' SE 18ACK A L:...--BE.0RADE..11:115 AREA+ IA / 1 I'Olt REGULAR SLOPE. THICKEN SIDE ,.. ' 'fIE INTO EXISTING WITH -NATIVE WALL TREES AND SHRUBS PI IINCIT IrHll H1=14INI'1 79' /, -b:a: � I I \��I )[.AND GARDEN, SET BACK DROUGHT TOLERANT ONCE APPROVED BY ZBA --ro ' " a\ F .; :� AFTER ESTABLISHMENT SIMI REPAIR EXISTING -� !e c� 2 STORE+iiAdll HOU5F � � � ��� �rr_ PAVERS SET INTO rem :. ' HI,.00K WALL � =- _.__ ;� .' '�\ SKOPE (cam :. v.1 LLJ 112 UJI W I 5fi b 2 \ -, NF W GRAYk L.I'.9hK1lvG...-- 'O ARCA WITH BELGIAN BLOCK CUR 10 MATCH DRIVE. N ��'�1 5"• fir- r ;r: 1 -- -- 511 �r James F.King,President Town Hall Annex Bob Ghosio,Jr.,Vice-President ;`O� Old 54375 Main Road Dave Bergen P.O.Box 1179 Southold,New York 11971-0959 John Bredemeyer G d Michael J.Domino '.ne' i0 Telephone(631) 765-1892 OIyC� a Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Permit No.: 7737A l� Date of Receipt of Application: February 8, 2012 Applicant: Arthur Leudesdorf SCTM#: 50-1-5 Project Location: 1700 Hyatt Rd., Southold Date of Resolution/issuance: February 22, 2012 Date of Expiration: February 22, 2014 Reviewed by: Board of Trustees Project Description: To trim trees and plant native vegetation within the area seaward of the top of bluff, as needed in order to maintain the present view of L.I. Sound. Findings: The project meets all the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code. The issuance of an Administrative Permit allows for.the operations as indicated on the application received on February 8, 2012 and survey stamped approved on February 22, 2012. Conditions: The installation of a 10' non-turf buffer planted with native vegetation along the landward side of the top of bluff. Inspections: Final inspection If the proposed activities do not meet the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code, a Wetland Permit will be required. This is not a determination from any other agency. Jame . King, Preside Board of Trustees Sb APPLICANT'S PROJECT DESCRIPTION APPLICANT: zb�)" c-5"Z:-� DATE PREPARE l - .Z 1.For Demolition of Existing Building Areas RECEIVED Please describe areas being removed: 2 oard of gpPealS II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: L•f X Z6. & " Y 8 X 2-0- 3 Dimensions of new second floor: Dimensions of floor above second level: 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: �/4 III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Ne n/Y)CaP_ Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from urve or Existing square footage of buildings on your property: �� Proposed increase of building coverage: O Square footage of your lot: Percentage of coverage of your lot by building area: • I. ' V.Purpose of New Construction:_&AC CA ��6 L-0 b C)Q VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 i QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION ^�4J A. Is the subject premises listed on the real estate market for sale? / 1 Yes �No RECEIVED B. Are there any proposals to change or alter land contours? FEB 14, 2023 No Yes please explain on attached sheet. Zoning Board of Appeals C. 1.)Are there areas that contain sand or wetland grasses? P 2.)Are those areas shown on the survey submitted with this application? Q; 3.) Is the property bulk headed between the wetlands area and the upland building area? K i A 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? 5 Please confirm status of your inquiry or application with the Trustees: ` 121M and if issued,please attach copies of permit with conditions add-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? ad A�2 � / , )trA E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? N'O 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?_t\N 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? Mg If yes,please label the proximity of your lands on your survey. Lf trations coSS gPlease list present use oenducted at this parcel lS b Cl x/� AM 4X& and the proposed use (ex: existing single family,proposed: same with garage,pool or other) Authorized signature and Date i FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector RECEIVED Town Hall Southold, N.Y. FEB 1.4. 2023 CERTIFICATE OF OCCUPANCY '- Zoning Board of Appeals No: Z-29751 Date: 10/02/03 THIS CERTIFIES that the building NEW DWELLING Location of Property: 1700 HYATT RD SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No_ 473889 Section 50 Block 1 Lot 5 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUARY 13, 2003 pursuant to which Building Permit No. 29153-Z dated FEBRUARY 13, 2003 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 SINGLE FAMILY DWELLING WITH TWO CAR GARAGE UNDER, COVERED FRONT ENTRY, REAR PORCH, 2ND FLOOR BALCONY AS APPLIED FOR & AS PER CONDITIONS OF ZBA##485 8. The certificate is issued to ARTHUR W LEUDESDORF & ORS. (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-00-0243 09 24/03 ELECTRICAL CERTIFICATE NO. 1038074 12 13/02 PLUMBERS CERTIFICATION DATED 04/26/03 J.P. MULVEY Authorize ignature Rev. 1/81 gtiFFOt,� Town of Southold Annex 10/1/2012 P.O.Box 1179 54375 Main Road `� • `' Southold,New York 11971 FFEB EIVED CERTIFICATE OF OCCUPAN 14. 2023 No: 35914 Dar2d01? Appeals THIS CERTIFIES that the building AS BUILT APARTMENT Location of Property: 1700 Hyatt Rd, Southold, SCTM#: 473889 Sec/Block/Lot: 50.-1-5 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 7/25/2012 pursuant to which Building Permit No. 37431 dated 8/8/2012 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: "as built"alterations to an existing one family dwelling for an accessory apartment with kitchen,2 bedrooms, 2 bathrooms, living room and sitting room as applied for. The certificate is issued to Leudesdorf,Arthur&Ors (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED 3 .t Triz ­ /Sig�niatdr4e APPEALS BOARD MEMBERS �poAFFO(tC � OG Southold Town Hail Gerard P. Goehringer,Chairman y� 53095 Main Road James Dinizio,Jr. y P.O. Box 1179 Lydia A.Tortora $ • Southold,New York 11971 Lora S.Collins ZBA Fax(631)765-9064 George Homing �O! �� Telephone(631 765-1809 RECEIVED BOARD OF APPEALS TOWN OF SOUTHOLD FEB 14. 2023 FINDINGS, DELIBERATIONS, and DETERMINATION MEETING HELD OCTOBER 5, 2000 Zoning Board of Appeals Appl. No. 4858—ARTHUR AND FRANCES LEUDESDORFM. MANDEL Street and Location: 1700 Hyatt Road, Southold 1000-50-01-005 Date of Public Hearing: September 14, 2000 FINDINGS OF FACT PROPERTY FACTS: The subject property consists of 38,792.79 sq. ft. with 100.03 feet frontage on Hyatt Road in Southold. The property is 100.03 ft. x 395.67 ft. deep and fronts along the L.I. Sound. BASIS OF APPLICATION: Building Inspector's Notice of Disapproval dated August 18, 2000 states that the proposed house is located at less than 100 feet from the top of the bluff or bank of the L.I. Sound, as required by Code Section 100-239.4A.i. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing location of a new dwelling at 70 feet from the top of the bluff at the northeast corner and at 81 feet from the top of the bluff at the northwest comer as shown on the site plan prepared by David H. Sherwood, Architect, dated August 5, 2000 and survey map prepared by Joseph Ingegno, Land Surveyor, dated August 28, 2000. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The subject lot is totally undeveloped. The land slopes away from the bluff. The top of the bluff runs at an angle across the lot, leaving property that is 81 +- ft. deep behind the bluff at its westerly side and 70+- ft, deep at its easterly side. Applicants wish to locate their house with a greater bluff setback than existing houses on adjacent lots to the east and west. A deep depression exists between the roadway and the higher elevation. All the properties enjoy an unobstructed view of the L.I. Sound, and a water view cannot be obtained for this waterfront parcel without variance relief from the 100-foot bluff setback requirement. (2) Applicants ask to place the house approximately 70 feet and 81 ft. from the northeast and northwest comers, respectively, from the top of the bluff. Page 2—October 5,2000 Southold Town Board of Appeals 1000-50-1-5 Mandel/Leudesdorf at Southold (3) The report of September 13, 2000 from the Suffolk CountEh Conservation District states that no visible problems exist with th �n as proposed; that the proposed house is behind the high point of tnd#ht,023 the bluff appears to be stable. EB 1 L(4) A tremendous amount of fill would be required to achievg� d+OfAppealslocating a new dwelling in any other area; the Coastal Erosiont' a shown greater than 100 feet from the proposed dwelling location. (5) The applicant has agreed to landscape for adequate drainage and agrees to accept the conditions to mitigate concerns, such as drainage onto neighboring lands. (6) Grant of the relief set forth below will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because location of the house will be consistent with the setbacks on neighboring properties. The action set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefit of a dwelling with a waterview, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Horning, it was RESOLVED, to GRANT the variance as applied for subject to the following CONDITIONS: (1) All roof drainage and surface water from this site shall be directed away from the bluff and retained in dry well (s) on this property. (2) Hay bales shall be placed at 45 feet from the top of the bluff for the entire width of the property; Re-grading activities shall be limited to that applied for and referred to on Architect's site plan dated August 5, 2000. (3) No further bluff setback reduction. (4) The foundation overcut shall not extend more than 15 feet around the house and no closer than 55 feet from the top of the bluff. No land disturbance (such as excavating for retaining walls, pools, or other structures) shall take place within 55 feet from the top of the bluff. 4� a • Page 3—October 5, 2000 RECEIVED Southold Town Board of Appeals 1000-50-1-5 Mandel/Leudesdorf at Southold FEB 14. 2023 Zoning Board of Appeals (5) Machinery and related activities shall be as confirme in the ber 20, 2000 letter to the Town of Southold from Scott Jones Construction, Inc. VOTE OF THE BOARD: Ayes: Members Goeh ' zio a, Co ' s, and Homing. This Resolution was duly adopts -0). /1 GERARD P. GOEHRlN CHAIRMA M.ECEIVED AND FILED BY THE SOUTHOLD TO` 14 CLL;-Z DATE (o 1%0100 HOUR k0�aSpok Town Clerk, Town of Southold vo 00. r f - ECEIVED 2023 Zoning Board of peals 00. :F SURVEY OF :PROPERTY � �'' 'a , ,b;•:> ''3�, � e' EY SITUATED AT l S" zzw .ry Q Igo- 1 i; HORTON POINT TOWN OF SOUTHOLq .4 SUFFOLK-COUNTY, NEW YORK s o 3 S.C. TAX No. 1000-50-01-05 'SCALE 1"=50' AUG[f5i'1{{��,AEyJS�PROPbSFD HOUSE• ' i AUOUSf 7B.RElSFD PROPOSED HOUSE LOLAiION . p 70p •� E S . AREA a 3R,79T.79 eq.H. YY . ' lm a u4 0.681 ae. ' TEST XOL6 DATA ft=MC 00 8Y ON JUNE D,2000) jrs S aA��r IWI aL ' 41 mx auv mo er a � AU6 2 8 Z� •'saa w wow a�oc�o¢ � s - r]Q M Nel�W pY6 6YD! sunm n iN�.$QMCES'L�y,{.CC FI0am DN ..0i5URAHCE CMiPANY OF NM YM . ARIMWVJL iW 4 1L��7'JNi�NNG�_ AA IND MnW JVMW1Y6 T1i1NMM6Y�WWA�R�Y+T O A FDI 10 1 MOMMOMHgR4 O IA00 A 10RW1,'{,�/tpOly�p SlSiE11.NR A.1 m/BPDPOOY Hotta LS M.v ItWEWALL ARM � a '1 YQOL:f7 tl0il.�C 4a. ®Mfpsm 1DmU loaf. . mmAfnV SPM-FAAR 4.Mi 'S177d a O'f00R%r WIi. —.m A.E9C 1ff1RI'YAYL Sib UIO WY4 i1M dYEtER�((�/6T i amp rxRok am rml AevrtA�i suo a uA As t:M: OF�pas 71gO"a#poota Lm�'H 3RKai MC Rw!LL'lD ' a aalal 0.5T1,aNAeaO tAar bn0s. - PIQ@AEII.M'M�OpaMCa IIIIN�M 9RYCB� . +or '[Oa moe ; :.';. '. •' mlwlunc�nAu6O�rwanAmaoiw V� i 06 mCl01 YlDi6 Mg IE�lank Spd1E =49 4 .•A. h9sw© OR, ASSID�PDG laY{L Wei R C91641m . ' LOW Sur.y&.yor' OESAtlYD9tlRmR . - GIYto Ig 1=1VOMMM 0 AID NS MI�1�0 MWNW"'SWM— ' Ti6a Sn0'A— 1¢(Yipy,—.Camhelfbbo L0a@ �dmpNLIOI�A®R'�11P ' 1NE F MMr1 a�F_._M" . ) AlofaRlWf 9mYA AAE�ItlT a0A1AM� SOUND VIEW AVENUE - ' AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision app ro er within an agricultural district OR within 500 feet of a farm operation located in n agricW96t. All applications requiring an agricultural data statement must be referred o the Suffolk County Department of Planning in accordance with Section 239m and 239n of th Gene>�WI�] Law. 1. Name of Applicant: Zoning Board of Appeals �� 2. Address of Applicant: 7- 'im 3. Name of Land Owner(if other than Applicant): 0 M 4. Address of Land Owner: �J(A 5. Description of Proposed Project:�cJ �j(�As(n Drn f I G � -)—a 6. Location of Prope : (road and Tax map number) I ocC n — ,5-0 I - -T- 7. Is the parcel within 500 feet of a farm operation? Yes No 8. Is this parcel actively farmed? Yes 'C o 9. Name and addresses of any owner s) of lan within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please o is page if there are additional property owners) Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. 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. 61 Z20 Appendix B Short Environmental Assessment Form RECEIVED Instructions for Completing FEB 14. 2023 Part 1-Project Information. The applicant or project sponsor is responsible for the co p$di6 n9fFawd1 okA?R9V� become part of the application for approval or funding,are subject to public review,and may *9 a ion. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Cc)CAW42a Name of Action or Project: Project Location(describe,and attach a location map): 1 1 -7 00 ILL CtL nt SO(RiO c� Brief Description of Proposed Action: Zo- OCA v�ec a�Ac4 \W�; �o P i .F l > v R_ Name of Applicant or Sponsor: Telephone*.qt 7- -7-T6 , 5-2 3<Q \z0hV1 C'Ds Ic nZQ E-Mail: Address: t ci sk„�� 4*- i City/PO: State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that El- 2.may be affected in the municipality and proceed to Part 2. If no,continue to question 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: x 3.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? 7 acres 4. Check all land uses that occur on,adjoining and near the proposed action. urban ORural(non-agriculture) ❑Industrial commercial Residential(suburban) Forest Agriculture aquatic ❑Other(specify): QParkland Page 1 of 4 5. Is the proposed action, NO VES I N/A a.A permitted use under the zoning regulations? RECEIVE b.Consistent with the adopted comprehensive plan? FEB 1 4 2 6. Is the proposed action consistent with the predominant character of the existi built or natural O YES landscape? Zoning Board of Appeal 7. Is the site of the proposed action located in,or does it adjoin,a state listed Cri ' nmen a rea? NO YES If Yes,identify: (,s '.��,ti ❑ VNI 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? x 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ® ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ® ❑ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: i. SpVYr� FKI �t I 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: Shoreline []Forest ❑Agricultural/grasslands ❑Early mid-successional Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? ® ❑ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, Ela.Will storm water discharges flow to adjacent properties? � ❑OYES b.Will storm water discharges be directed to established conveyance systems( n ff and storm drains)? If Yes,briefly describe: NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: F;:�11 ❑ 19.Has the site of the proposed action or an adjoining property been the locati 75s NO YES solid waste management facility? RIf Yes,describe: � ❑ 20.Has the site of the proposed action or an adjoining property been the subje t of remedo igggllg *gals NO YES completed)for hazardous waste? Zoning If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: 4Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ❑ ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑ ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the El ❑ establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ❑ ❑ affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate El ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ❑ ❑ a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, ❑ ❑ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ Elwaterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact ___09ay may : ccur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage ❑ problems? 11. Will the proposed action create a hazard to environmental resources or human ealth? REC ]� Part 3-Determination of significance. The Lead Agency is responsible for thL JtNMr eve question in Part 2 that was answered"moderate to large impact may occur",or if txplain why a p icular element of the proposed action may or will not result in a significant adverse envir 1 oop � e art 3. Part 3 should,in sufficient detail,identify the impact,including any measures or dFhave been mcl ded by the project sponsor to avoid or reduce impacts. Part 3 should also explain how thermme that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 1 Board of Zoning Anneals Application AUTHORIZATION (Where the applicant is not the owner) RECEIVED FEB 14, 2023 Zoning Board of Appeals I, John Cosenza, owner of 1700 Hyatt Road, Southold, NY 11971 (sctm: - .-1-5 hereby authorize my attorney, Patricia C. Moore,to act as my agent to apply variance(s) on my behalf from the Southold Zoning Board of Appeals ohn Cosenza Sworn to before me this -L—Day of — ql -- 2022 Notary Public KYLES S DEPRESS NOTARY PUBLIC-STATE OF NEW YORK No.01 DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 i jq� /\J V APPLICANT RECEIVED TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNERS AGENT)FEB 14. 2023 The Town of Southold Code of Ethics prohibits conflicts of interes als officers and employees. The purpose of this form is to provide in alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: JOHN COSENZA AND MOORE,PATRICIA C. (Last name, first name,middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If Other, name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees 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 Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship 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 than 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 jj'�D (when the applicant is not a corporation); C) an officer, director,partner, or employee of the applican , RECEIVED D)the actual applicant. DESCRIPTION OF RELATIONSHIP FEB 14. 2023 Submitted this 6zJ day of � �, �a� Zoning Board of Appeals Signature: ohn dz�— osenza atricia C. Moore Town of Southold LWRP CONSISTENCY ASSESSMENT FOIWRECEIVED A. INSTRUCTIONS FEB 1.4. 2023 1. All applicants for permits* including Town of Southold agenci ,Z,"Hgc5ftVk1Y NYT� for proposed actions that are subject to the Town of Southold Waterfro. eview aw. 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# t7 U -�- The Application has been submitted to(check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees ❑ Z,6-Y 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity,agency regulation, land transaction) ❑ (b) Financial assistance(e.g.grant, loan, subsidy) (c) Permit,approval, license,certification: ❑ Nature and extent of action: 42 n M Location of action: RECEIVED Site acreage: a FEB 1 Present land use: Present zoning classification: (7 Zoning Board of Appeals 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: !�h n CCU teen 7-c-jL (b) Mailing address: 12 f'► VV 5 , N,Y, 100 Zy (c) Telephone number:Area Code( ) / 7 " -7 7 ',2,�� (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No� If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes ❑ No ❑Not Applicable r J Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No IN Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No Jnj Not Applicable REC ng F Board of P Attach additional sheets if necessary I 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 Mn 1 i shv r hwvine--e cLn a .10 nn - v s s Li Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes ❑NoK] Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Sectj n III — Policies Pages 32 through 34 for evaluation criteria. V�t ❑ Yes ❑No D� Not Applicable RECEIVE® 4 2423 R Pea 5 zoning Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑Yes ❑ No DQ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of; coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑Yes ❑ No 50 Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑Yes 7 No LA Not Applicable Attach additional sheets if necessary tt Policy 11. Promote sustainable use of living marine resources ' Long H,I�atdvSound, th Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 hrough 6 f rV tion riteria. FED� ❑Yes ❑ No JZ�d Not Applicable Board of Appeals Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑Yes ❑ No Lrlv'�J'Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. Not Applicable❑Yes ❑ No Created on 5125105 11:20 AM CoSen ZQ (S�Tt4 � , Du- 50•- I - S� cli ui V cn LU ui eA ryi I ♦i Y" i+t'�+ • 'a`, v, > y'�.1M'X11A - t�e� "?i'u �t• ! L�� } ��s P.; � :Afs ...Mr�� F a 1..:'Y�Sq�' �Y'Fe: `,�4 'y , „v ! .;f �•gG._.� i� �, dds:� cJ�1� � .f-� t�i.. •h^"�""` a 3.^.•� a ��1 Y .'gat ;������G{��i•7i�. �,�r�i��eU�re€i t� x�;,r�� i iNi_.K xs•��jr �A'ar,�a n� ' ..� .,�i ��r� �* ' j ��'" y -!R£Y v,n,( 1 �' i '1�<T' _' 'y,��i � t}: R �<i�! 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TOTAL DATE REMARKS e-o �U # 76 Elf 10 �► �► l 0 116 - ca hIPS do"a I�G� - ;G ✓ ti �c.. 34 77 AGE BUILDING CONDITION o NEW NORMAL BELOW ABOVE n FARM Acre Value Per Value n Acre n ~ Tillable FRONTAGE ON WATER �-� Jac ; Woodland FRONTAGE ON ROADCD Meadowland DEPTH House Plot BULKHEAD Total DOCK J No SEEM0 ME ME .. ■■■■■■■■®■■■■■■MENN ON SEEM 0031 ■ ■■. ■■■■■■■■■■■■■==■=1■.■.■■.■ OEM, M NO 1 ■ N■■ ■■.■■■■■■ ERA:i�i■ .fit■. : .. �.■■■■■ ■■�■■■■■■�■■ ■■.■■■■■■■■I■: .. ■■SExt. Walls ■■■■■■ !InteriorFoundation jFire Place .. . .. �® .- o - - Recreation Room d ZBA CHECK FEES - 2023 Funding Account- B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 2/13/2023 Hyman/Carmellini 7776 $1,750.00 281 2/17/2023 2/13/2023 Bostic, Henry 7777 $2,000.00 2018 2/17/2023 2/14/2023 Domeluca LLC 7778 $750.00 1051 2/17/2023 2/14/2023 Bauer,Thomas 7779 $2,500.00 1139 2/17/2023 2/14/2023 Cosenza,John -gwfiTtS0w $750.00 2355 2/17/2023 2/15/2022 Pablo Peg LLC 7781 $1,750.00 3213 2/17/2023 $9,500.00 RECEIVE® F E B 2 2 2023 SoUthold'Town Clerk Fown of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/22/23 Receipt#: 308357 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7776 $1,750.00 1 ZBA Application Fees 7777 $2,000.00 1 ZBA Application Fees 7778 $750.00 1 ZBA Application Fees 7779 $2,500.00 1 ZBA Application Fees 7780 $750.00 1 ZBA Application Fees 7781 $1,750.00 Total Paid: $9,500.00 Notes: Payment Type Amount Paid By CK#1051 $750.00 CK#1139 $2,500.00 CK#2018 $2,000.00 CK#2355 $750.00 CK#281 $1,750.00 CK#3213 $1,750.00 Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Eastern, End Pools LLC PO Box 369 Peconic, NY 11958 Clerk ID: JENNIFER Internal ID:7781 f9b08574-4241-45d0-ac9a-7e916f1546fb kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,APRIL 6,2023 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, APRIL 6,2023: 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.- FRITZE FISHERS, LLC#7725—(Adjourned from January 5,2023)Request for a Variance from Article III,Section 280-14; and the Building Inspector's July 25, 2022, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling at; 1) located less than the code required minimum front yard setback of 60 feet; located at:560 North Hill Road/Crescent Avenue, (adj.to Hay Harbor) Fishers Island, NY. SCTM No. 6-1-4.3. 10:10 A.M.-JOHN RYAN#7753-Request for Variances from Article III,Section 280-15;Article XXIII, Section 280-124;and the Building Inspector's November 18, 2022 Notice of Disapproval based on an application for a permit to demolish an existing accessory shed and construct an accessory in ground swimming pool and an accessory shed, at; 1) construction located in otherthan the code required rear yard; 2) construction more than the code permitted maximum lot coverage of 20%; located at:90 Dawn Drive,Greenport, NY. SCTM No.35-5-11. 10:20 A.M.-NICHOLAS SOURBIS AND KAREN S. LUCIA#7754-Request for Variances from Article III, Section 280-15 and the Building Inspector's December 15,2022 Notice of Disapproval based on an application in conjunction with building permit#46053, to construct an accessory pool house/cabana and to legalize an existing shed,at; 1) pool house located less than the code required minimum side yard setback of 10 feet;2) shed located less than the code required minimum rear yard setback of 10 feet;3)shed located less than the code required minimum side yard setback of 10 feet; located at:200 Green Hill Lane, Greenport,NY.SCTM No.33-3-13. 10:30 A.M.-170 MOORE'S LANE REALTY CORPORATION#7755-Request for Variances from Article XI, Section 280-49 and the Building Inspector's December 8, 2022 Notice of Disapproval based on an i application for a permit to construct a storage building, at; 1) located less than the code required minimum I SOUTHOLD TOWN BD OF APPLS 2 1 w i f9b08574-4241-45d0-ac9a-7e916f1546fb kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times rear yard setback of 35 feet;2) located less than the code required minimum side yard setback of 25 feet; 3) construction more than the code permitted maximum lot coverage of 30%; located at: 170 Moore's Lane, Greenport, NY.SCTM No.45-7-3. 10:40 A.M.- NORTH ROAD HOTEL, LLC#7756-Request for a Variance from Article XXII,Section 280- 116A(1)and the Building Inspector's November 7,2022 Notice of Disapproval based on an application for a permit to construct a deck addition to an existing building (in conjunction with BP#48244); at 1) located less than the code required 100 feet from the top of the bluff; located at: 62005 County Road 48 (Adj.to the Long Island Sound),Greenport, NY.SCTM No.40-1-1. 10:50 A.M.-NEIL WILLIAM CURRIE AND KATIE LYNN WATSON#7757-Request for Variances from Article III,Section 280-15;Article XXIII,Section 280-124; and the Building Inspector's December 6, 2022 Notice of Disapproval based on an application for a permit to demolish an existing dwelling, construct a single family dwelling, and to legalize an existing shed (under 100 sq.ft.); at 1) dwelling located less than the code required minimum side yard setback of 20 feet; 2) dwelling less than the code required minimum rear yard setback of 60 feet; 3)"as built"shed located less than the code required minimum rear yard setback of 15 feet; located at: 1175 Champlin Place, Greenport, NY.SCTM No.34-4-15. 11:00 A.M.-PATRICK BROWNE AND ANN MARIE BROWNE#7758-Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's December 20, 2022 Notice of Disapproval based on an application for a permit to demolish (by Southold Town definition) an existing single family dwelling and construct a new two story single family dwelling, at; 1) located less than the code required minimum front yard setback of40 feet; 2) located less than the code required minimum side yard setback of 15 feet; located at: 1645 Calves Neck Road (Adj.to Town Creek),Southold, NY.SCTM No. 63-7-38. 1:00 P.M.-KAROL FILIPKOWSKI#7759- Request for a Variance from Article III, Section 280-15; and the Building Inspector's November 7, 2022 Notice of Disapproval based on an application for a permit to construct an accessory building; at 1) located in other than the code permitted rear yard; located at:450 Dick's Point Road,Cutchogue, NY.SCTM No. 110-5-22. 1:10 P.M.JENNIFER LAMAINA AND KARYN COOPER/NORTH FORK DISCOVERIES, LLC.#7760SEApplicant requests a Special Exception under Article III,Section 280-13B(4)to establish and operate a Nursery School/Childcare/Early Learning; at: 31095 Main Road, Cutchogue, NY. SCTM#1000-102-2-24.1. 1:20 P.M.-ROBERT PAGNOZZI/GREEN PORT W. HOLDINGS, INC.#7761SE-Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is the owner of subject property requesting I authorization to establish an Accessory Apartment in an existing accessory structure; at: 190 Pheasant Place,Greenport, NY.SCTM#1000-53-4-44.36. 1:30 P.M.-VERONICA GONZALEZ#7767- Request for a Variance from Article III, Section 280-15; and the Building Inspector's January 20, 2023 Notice of Disapproval based on an application for a permit to j SOUTHOLD TOWN BD OF A P 3 i. f9b08574-4241-45dO-ac9a-7e916fl546fb I(imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times �( construct an accessory in-ground swimming pool;at 1) located in other than the code permitted rear yard; located at: 285 Oyster Ponds Lane,Orient, NY.SCTM No.25-1-7. 1:40 P.M.—1280 COREY CREEK, LLC#7774-Request for a Variance from Article XXIII,Section 280-124; and the Building Inspector's November 18, 2022,Amended January 23,2023 Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling and construct a new two story single family dwelling at; 1) located less than the code required minimum front yard setback of 40 feet; located at: 1280 Corey Creek Lane, (adj.to Corey Creek)Southold, NY.SCTM No. 78-4-17. 1:50 P.M.—PECONIC COMMUNITY SCHOOL#7775SE-Applicant requests a Special Exception under Article III,Section 280-13B(3)to establish and operate a private school for elementary and middle school age children; at:27835 Main Road, Cutchogue, NY. SCTM#1000-102-1-18.1. 2:00 P.M.—JOHN COSENZA,#7i'780- Request for a Variance from Article XXIII,Section 280-116A(1)and the Building Inspector's January 6, 2023 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool, at; 1) located less than the code required 100 feet from the top of the bluff; located at: 1700 Hyatt Road, (Adj, Long Island Sound),Southold, NY.SCTM No.50-1-5. 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: March 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 (Mailing/USPS) Southold, NY 11971-0959 i i i 4 SOUTHOLD TOWN BD OF APPLS I i I f9b08574-4241-45d0-ac9a-7e916f1546fb kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, i The undersigned is the authorized designee of The Suffolk Times, a Weekly Newspaper published in Suffolk County, New York. I certify that the public notice,a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: March 30,2023 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. C Signature EliotT. Putnam Printed Name Subscribed and sworn to before me, This 05 day of April 2023 d Notary Sig ture MARY BETH ALESCIO WALLING NOTARY PUBLIC,STATE OF NEW YORK Registration No.01AL5056219 Qualified in Saratoga County My Commission Expires March 04,2026 Notary Public Stamp I I SOUTHOLD TOWN BD OF APPLS 1 i I BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson if SO�j 53095 Main Road•P.O. Box 1179 Patricia Acampora ��� alp Southold,NY 11971-0959 Eric Dantes [ Ic Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento aQ 54375 Main Road(at Youngs Avenue) coUNTY, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 6, 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, 63095 Main Road, Southold, New York 11971-0959, on THURSDAY, APRIL 6, 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.gov/calendar.aspx. 2:00 P.M. —JOHN COSENZA#7780 - Request for a Variance from Article XXIII, Section 280- 116A(1) and the Building Inspector's January 6, 2023 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool, at; 1) located less than the code required 100 feet from the top of the bluff; located at: 1700 Hyatt Road, (Adj. Long Island Sound), Southold, NY. SCTM No. 50-1-5. 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: March 16, 2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53096 0-Min Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 t ��^ Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 Southold, New York 11971-0959 11 IV Fax(631)765-9064 l� ZONING BOARD OF APPEALS AA51 DATE: March 6, 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 April 6, 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. jBelow,-please see instructions required to prepare for the ZBA public hearing which includes: PLEASE READ CAREFULLY. 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than March 30, 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 adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by March 30, 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. Instructions for ZBA Public Hearing Page 2 MAILING INSTRUCTIONS: Please send by 'USPS Certified.-Mail,-Return Rece u 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 March 20,2023. 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 kimf@southoldtownny.gov or elizabeth.sakarellos(cr�,town.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls > 2010-2021 >2021 http://southoldtownny.gov/DocumentCenterNiew/8779/FinalRoII202 I-Amended 1IMP.ORTANT INSTRUCTIONS: Scan,and email the USPS mailing receipts; green signature cards and, affidavits;to kimf*goathoidtowniny.gov;and ** PROMPTLY tSPS MAIL** the ORIGINALS to the Town of South61d,,.ZBA,P.O. Boa ' 179, Southold;NY 11971. Please note that without your mailing receipts, the ,ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required;to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes—Board Assistant Laserfiche Instructions for Zoning Board of Appeals Records U,TH 0 NEiW YO kit A M! S, Above: Homepage, Click on Link "Town Records"Weblink/Laserfiche Laserfiche WebLink Home Browse Search TovmOfSouthold TownOfSouthold came Pag—unt TempUre name 2 Entry Properties Town CIeA To—Hlst.-n Path Trustees roWMIMMhold - Creation date Zoning ao—O!APPeafa(Z2Aj S/S,,2014 11:52 41 AM Page 2 of 2 F.,,t*sr « 1 2 Last modified 29 Entries 1 112-1201)&XI27 AM Metaclata, No'retaf!4a cW,71(d wL,1 .—vu-- 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. I 0 Laserfiche Instructions L ZBA Files Page 2 Laserfiche NJehLlnk v Mpwebulk I He[, ;bo,n I S.gn Out Home Browse Search T0wn06Du:b01d>Zoning Board of Appeals(ZBA) Zoning Board of Appeals Name page taunt template name' (ZBA) 7 Alphabetical Index Entry Properties Board Actions Laserfiche Search Guides Path Td­n0f41utho::V0 zBca1„ L_Meeting Schedules Of AIJOe",(ZBA) Minutes/Agendas/Legal NoticeLHezinngs Creation date pending 7110fZ001 I L 17:1 B PM Reports Last modified 5-123,201711:1)7:14 AM Special Event Permits Training Requirements ZBA Offoals Metadata ZBA policies I:0 metadata assi,ned •�Exceptions List Code 280.1 OC(3) 1 `a Jurisdiction Listing 1 ocedure&Resultx ,�ZBA Book of Mapped 1977 Existing Lots 189 corNheaewpep-xmear•Usul l Bulk Schedules 5 Agreements.Contracts&Leases Page 1 of 1 14 Entries Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on "Board Actions" folder to open. •P Most Visited a Getting Started :p Southold,.NY-Officia... Q NetZero-My NetZero... •'.'•Date Duration Calcula... �.T0WnOfSOuthold-La... t Southold-Cor Laserfiche Web Link Home Browse Search TownOfSouthold'',Zoning Board of Appeals(ZBA)>Board Actions>Pending Pending - `-2 Entry Properties i�D 9025 MAIN ROAD LLC,CARDINALE ram,(C&L REALTY-Withdrawn Path s;JEMCAP SD 1 LLC ):f f"� '"':j��:+��'iv; •{tea L='j PECONIC RECYCLING TRUCK sr.. " 112ta°'y'I �'j THE ENCLAVES Creation date „, #7370-Frend 1000-128-6-6 3123/2017 11:36:07 Afv1 Last modified #7379-Soiutions East 1000-13-3-1 CJ90-020 3:58:58 PM #7383-Spiller 1000-59-5-8.3 'tit]Metadata #73345E-HNF Resorts,Mydon Resorts-Campground-1000-40-3-5 #7385 SE-Fried 10DO-50.1.13.1 No metadata asswricd #7386 860 Sayvievi Drive-LLC 1000-37.-5-10.1 #7387 Hard Corner 1000-61-4-1 #7387 Hard Corner-51TE PLAN-Arch Plans 1000-61-4-1 #7388-Minton Irrev.Trust 1000-128,-2-20 #7389 Benic 1000.71-1-4 #7406-Nappa 1000-88-1-1.5 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 1 Laserfiche Instructions ZBA Files Page 3 Laserfiche WebLink ok Mywenunl I Help 1 Aboot 5gn Otn Home Browse Search TownOfSoothald>Zoning Bcaldaf Aupea!s RBAI,Board Actlons Board Actions Name page count Template name 2 Entry PrDpertiez r:1957-1979 2_1980-1999 Path -2o00 `vwnOfSDJdr,J4'Dning Board - oft,}3pe,a-Is{ZBWturartlACtlD'ls 2001 Creation date !"2002 711 WAY)l 1::21'>S PM ��2003 Last modified -':2004 3/2312017 11:35.07 AM I- t.2005 R 6letadata jy 2006 No rnetad Aa a5si tea i .2007 2008 2009 .&Rewlts =2010 akll:pap-;near-lhe� ^'2011 2012 _2013 a 2014 2015 2016 j 2077 pending .r..nwrnBnr.GpncmurzhApaP:mea:+uv:.2 o I Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". come Browse searcn T,rrnDl$oathd!d>Z,rdrK{3ad:d of ABM rf1(-'1'TIr Ea]W.:avn+ 201] 2017 rvame Paga tours ]emp'atanama z Enuy propenleG 6680 3a7 .card A[Uons "I.71 :8 Boartl Bctlons Pa[h Board-- •.I.tyl;.,,•h+lirv�•Caarvs .'�7001 sM fiwrd Astlons .11�on;ri015 Q 7pgy ga Bwrd MOM Gmtbn dale ;3 70ts )9 Bwrd MUOM to nvalned �;j ` Board Mans ?e x=-'A.N Ll]01< I1G Board Astons Meudata :L]0�5 B] Board Mans s�701a B3 Board ritbM Ho••'rrtarah h:•�c-�?cs7.rr 70 BwM KtbM .s 7018 % Bwrd anions 3]m9 -s ea.ro Aumns A%030 54 Bwrd MOM r�'70, 99 .oard AaloM 11-02_ 75 Bwrd Mons 702) 335 gwrd An�ans %I]01a G6 Board Mtdns a`-035 216 Board MOM �:]01a %3 Bwrtl A[Uons =�T02% 90 BwrdA2OM ]029 c3 Board{aoM =•1]u] 3 Bwrd Mons Above: See listed File Numbers. Click on file you are searching. Laserfiche Instructions ZBA Files / \� Page 4 cashel.. .. . -.... - Above: In addition searching by file no.You can also use the above search tool by typing the name or title of the applicant.. Laserfiche Web Link _ C0.... Aj Home Browse Search rustmnt:e Saarm SOIt1`e501t4 by, Relevance records Manac:.rit Search 21 7016 Held same Board Actions-83 page(s) CFmow rield ID Page counu 83 Template name:Board Actions Reset Page 3.,,:Colin and Kristen Cashel PROPERTY LOCATION:162 Lower Shingle Hill,Fisher... Page 4,.,19,2017 P7016.Cashel SCTM No.1000.9-1-26 minimus approval to remo... Page S...y 19,2D17 x7016.Cashel scrM No.1000-9-1-26 GRANT,the variances as... Seerth[ert.is Page 9...COLIN&KRISTEN CASHEL SECTION 009 BLOC... Page 20...Thomas Ahlgren(Cashel),PO Box 342 Fishers Island.NY... Show more Information... A 7018 Board Actions-S6 page(s) Page count;56 Template name:Board Actions Page 48.,.9:30 A.M.COLIN CASHEL AND Variances under ArDcle Id,Sechon ANN... Page 43...ance(s)KRISTEN CASHEL47016-Request proposed trelbs located In other the... show more information... Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.4-1. Laserfiche WebLink MvwebLmi `+elu::.bout I sll Home Browse Search TonnCsoulhold+Zoning Board of AopealS(ZBA)>MlnuteS/Agendas/Legal Notices/Hear:ngs Minutes/Agendas/Legal Name Page count Template name - Notices/Hearings i'_�1957-1979 A Entry Properties 1980.1999 Path TosnOr5outhN,N1Zal ng Board '_'2010 or Appeals i�2011 (ZBA.)\hlinutes'AgendaslL2y�al 2012 Creation date ,_.2013 7/-(Q?vjl):5.':40PM1I [7,2014 Last modified _-,2015 121 617016 2:15:1 A PM - 2016 R Metadata __,2017 No rnetadatj assigned Page I of 1 11 Enti c,:�,-r,-.,-.e.•,-••eer,w.ull�:au�aaeW:A•49 C'.nd:�9,ta1e2`r'd swm. Above: Also, Minutes,Agendas, and Hearing Transcripts can be viewed. 1 I Laserfiche Instructions ZBA Files Page 5 Laserfiche WehLink o WWebUnk Help I.about 1 Home Browse Search TJrn14f50uthUld Zoning Board of Appeals(ZBA)>NIillJte5/A8erldas/Legal Notices/Hearings,2017 2017 Name page count Template name ft Entry Properties .�,Z8A-01/05/2017 7 u ZBA-01105/2017 Agenda 4 Path ZBA-01105/2017 Hearing 40 lownG'Southol;R10n1ng Rnard of Appeals ,�ZBA-0110 512 0 1 7 LN 3 IZBAA!Alnute�;AgendeVl-egal ,1 ZBA-01119/2017 2 Notices/Hearingst2017 Creation date 4i ZBA-01/1 912 0 1 7 Agenda 2 1'JI6/20162:15:14 RtA _ d ZBA-02/02/2017 7 Last modified ZBA-02102/2017 Agenda 4 G/1920174:53:59 PE7 ZBA.0 2/02 201 7 Hearing 45 R Metadata ,,,j ZBA-02/OZ/2017 LN 3 j ZBA-02116/2017 Agenda 3 NJ metadati assl-.ned y ZBA-02/16/2017 Special 3 :edure&Results ZBA-03/022017 7 nJhealth/pap smear�Uses1� _`.ZBA-0310212017 Agenda 4 }ZBA-03/022017 Hearing 65 ZBA-0310212017 LN 3 ZBA-03116/2017 Agenda 3 s ZBA-03116/2017 Special 3 ZBA-OW06/2017 5 .�ZBA.04/06/2017 Agenda 4 ZBA-DWO612017 Hearing 45 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 ZB (Cosenza)10 0-50-1-5 t I #4733 1000-50.-1-7 (Carriavale) 1500 oad `] 8/18/1999 Setback to top of bluff-25'(existing 31) Enclosed porch #4837 1000-50.-1-3 Cashy/Misthos 6/7/2001 Pool requested adjacent to bluff: Pool size reduced but stayed at 74'from top of bluff Denied- Article 78 neighborhood opposition, opposition to retaining walls needed to build the pool; Very contentious application, lawyers on all sides (no pool built) #4853 Client's property #48581000-50-1-5 (LeudesdorVMandel) 9/14/2000-Variance for House granted at 70'from top of bluff. House constructed at 81' Requested variance: conforming to prior decision-76'and 77'from top of bluff(Splash Pool) Cosenza-Trustees approved pool as part of landscape plan #6048 1000-50.4-6 Wortz 7/12/2007 Approved-Additions/alterations Ragusa-Approved 2nd floor& on side renovate 1't floor, garage landward side #6138 1000-50.-1-6 (Ragusa) 2008 Denied Pool &terrace requested 17'from top of bluff Denied proposed 24'from top of bluff #7184 1000-50.4-4 9/1/2018 Sigurdsson Baldor, LLC Demolish& construct new dwelling and inground pool 64.5 house,pool in side yard Plan amended to 75'for house and 80'from top of bluff(in side yard) This board- extension to 9/6/22 (new application#7731)* #7731* (new design) 1000-50.4-4 2/21/2023 Ben-Ami so had to reapply Demolish& construct new dwelling 76.5'from top of bluff (New design-wide house so no pool in side yard per appeal#7184) #75 87 1000-5 0.4-22 1/20/2022 Demolition(name only)reconstruction Decision found not demolition(pool in front yard) 1000-50-1-21 #7587 10.9 from top of bluff, 10.1 SYS, 21.1% lot coverage #5772- 10/27/05-pool in front yard #5920- 8/31/06-Pergola in FY #7402- "as built"deck expanded around pool located in Coastal Erosion Area- denied. 1000-50-1-10: pool in front yard(no variances) oil, 4UTI (O he 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 WEBIPIAR - Follow link - httpmm//Southoldtownny.gov/calendar.aspx _ACE COSENZA, JOIN # 7780 FCTM # : 1 000-50- 1 -5 VARIANCE: BLUFF SETBACK FIEQUEST: CONSTRUCT AN IN -GROUND SWIMMING POOL UAT E THURSol APRIL6, 2023 2E.00PM You may review the file(s) on the town's website under Town Records/Weblink: ZBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 1 ' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT COSENZA OF MAILINGS Appeal # 7780 SCTM Parcel#1000-50-1-5 -------------------------------------------------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 24th day of MARCH, 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 MAIL/RETURN RECEIPT. Attached hereto is the white receipt post-marked b�the Southold Post Office on said date. / r r BETSY P IWS Sworn to before me this 24th day of March, 2023 S (Notary Public) KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01 DE6420156 Qualified in Suffolk County My commission Expires 08-02-2025 RECEIPT RECEIPT - - 4 7000 0000 0000 0003 62 4 7000 0000 0000 0003 86 RECEIPT RECEIPT ROM: ROM: 4 7000 0000 0000 0003 79 4 7000 0000 0000 0003 55 ore Law Office -- ROM: ore Law Office ROM: Cosenzajr`• 2 :Cosenza) \-1�'-I I i' 7 ore Law Office.,.---,-,-—,. ore Law Office - 't O Cosenza) ' A ( 7 :Cosenza;0� \ ENDTd: Jc END�T , �2 `�Q23 I _, ;;�i ���3\ Jt LC Ex editions,CLC �) "i END TQ; ,[c END TO:°���,2 P 4)i J nald Curne&', � �1y I 9 Pac fic StreeYPH 1 E.- a ?en M.Crei h ; 1&Tracy Ben, mi / W l niel Gladstone`\ g'� ' ' 35 Rid ewa.Drive ,r L 3ooklyn,NY112171%i?.�_S �,i�',�`�' Box182 ' �S ,.,._.,.r^SQ~�'� ' Box1217.,'�• .�tiBJ 9Y W •��. / 7- O uthold,NY.1�1971 '`.fit'' i wlett,NY•1.155�.•,,, �i f i uthold,NY 11971��,'f 5 P_ EES: EES: stage 0.84 EES: EES: Wage rtified Fee 4.15 0.84 stage 0.84 ' stage 0.84 15 t turn Receipt Fee 4. Receipt 3.35 rtified Fee 4.15 % rtified Fee 4.15 2 stricted sum Receipt 3.35 strided turn Receipt 3.35 2 turn Receipt 3.35 OTAL stricted 2 strided $8.34 OTAL $8.34 OTAL $8.34 FOTAL $8.34 OSTMARK OR DATE OSTMARK OR DATE OSTMARK OR DATE OSTMARK OR DATE 1 M 0 0 R E L A'W OFFICE' i; A.1 SlgnatuW ;1 t ill 11 11 1 i. i ; ;I .; p Agent 51020 MAIN ROAD LLAddressee' SOUTHOLD NY 11971 X,� h B. Re ed by(Pr' ted ar>q)�/ C. Date of Delivery i 1. Article Addressed to: D. delivery address differ nt from item 1? ❑Yes E L L E N M• {.R E I G H T 0 N If YES,enter delivery address below: El No r PO BOX 1�l7 SOUTHOLD, NY 11971 CV 1 V 1 ' � �II I�I II� I IIII��I������III I�I IIII�I���IIIII , •'``�%'r��\�f i 9290 9000 0000 0000 0003 73 2. u ra a 3. Service.,Typ,q,,-.,,P Certified MailO..C];c rur%Mail® Re d�a,[�gJlwry 3811 4 . .,:...:��. .� ,�,, f'S,,Form Facsimile, ,July 2015 .Aomest : urn.,Receipt _ - n�t COSENZA NEIGHBOR LIST Gil&Tracy Ben-Ami 1635 Ridgeway Dr Hewlett NY 11557 Sctm: 1000-50-1-4 JALC Expeditions LLC 509 Pacific Street PH lE Brooklyn NY 11217 Sctm: 1000-50-1-6 Ellen M. Creighton PO Box 1217 Southold NY 11971 Sctm: 1000-50-1-18.6 Donald Currie Daniel Gladstone PO Box 182 Southold NY 11971 Sctm: 1000-50-1-18.7 i ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF POSTING #7780 John Cosenza Regarding Posting of Sign Upon Applicant's Land Identified as 1000-50.-1-5 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, of Greenport, New York, being duly sworn, depose and say that: On the 27th day of March, 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 I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, APRIL 6, 2023 at 2:00 pm. B TS E Sworn to before me this day of RN U0 3 N tary Public KYLEE S DEFRESE NOTARY PUNBLIC-STATE OF NEW YORK o 01 DE6420156 Quelified in Suffolk county My Commission Expires OS-02-2025 NOT IC — The followin E `�� HEA4ING application will G T of Appeals at T be heard b he application will own Hall, 53095 y the Southold To�n,n g ALSO be Main Road,Southold °ard link-htt available VIA ZOOM p://southoldtownn -_._--�.-_�EBINNAR-Follow � NAME COS Y•goV/calendar.as ENZA J H px n .FH ;•k SCTM �# : O N # 780 'ar 1000.50.1 VARIANCE: .5 y { BLUF F SETBACK _ REQUEST: CONSTRUCT ' v - � QUE CO TRUCT AN 1 N-GROUND • , SWIMMING POOL •. DATE THURS., r4PRIL 6 you may , 2023 2:00 PM ! y review the files ( )on the tovvn's website under Town Reccrds/Weblink: ZBA/Board Actions/Pending. ZBA Office telephone(631)765-18og A\. J 77 Ok 2 .. _ 4 r. ;roll J. el- y x • 1 . �"l � A: I-+i"-.}G_4'Z a�`�"�y a ktaxYi �A �t �r ! J✓• 1�rVtj ♦_ 7r. ' L (^ ` +�•�;Jeri!� r-. ;n,4� ! �'� "�`f�, .� !ry ,r-`T '�-:1r r. •�����(� '• �' 'S'l y A �� ►• 'fir .r Ey7p.�7 1 c BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson �QF $o(/ry 53095 Main Road•P.O. Box 1179 Patricia Acampora ��� alp Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert, Jr. G Q Town Annex/First Floor Nicholas Planamento ,'mac► ^�O 54375 Main Road(at Youngs Avenue) COUM Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS VIVIL February 15, 2023 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 #: 7780 Owner/Applicant: Cosenza, John Action Requested: construct an accessory inground swimming pool Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson Encls. Site Plan/Survey: Kenneth M. Woychuk Land Surveying PLLC, dated November 8, 2022 1' BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ®F $®Vr� 53095 Main Road •P.O. Box 1179 Patricia Acampora ®� ®�0 Southold,NY 11971-0959 Eric Dantesa Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento ® a� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 February 15, 2023 Suffolk County Soil and Water Conservation District Attn: Corey Humphrey 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA#7780 — Cosenza, John Dear Sir or Madam: We have received an application to construct an accessory inground swimming pool, shown on the enclosed survey. The hearing on this application is expected to be held in approximately four weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Leslie K. Weisman Chairperson may. � �j Vyj Encls. Site Plan/Survey: Kenneth M. Woychuk Land Surveying PLLC, dated November 8, 2022 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson *®f SO 53095 Main Road• P.O. Box 1179 Patricia Acampora ®� ®�® Southold,NY 11971-0959 Eric Dantes a Office Location: Robert Lehnert, Jr. Town Annex/First Floor Nicholas Planamento ® �� 54375 Main Road(at Youngs Avenue) l�C®U T1,N Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 February 15, 2023 Mark Terry, Assistant Town Planning Director RECEIVED LWRP Coordinator FEB � 6 2023 Planning Board Office Town of Southold Bout old Town Town Hall Annex Planning Board Southold,NY 11971 Re: ZBA File Ref.No. #7780—Cosenza, John Dear Mark: We have received an application to construct an accessory inground swimming pool. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, 1 Leslie K. Weisman Chairperson / By: 1���� � ✓va Encl. Site Plan/Survey: Kenneth M. Woychuk Land Surveying PLLC, dated November 8, 2022 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ��®� $l�(®��® 53095 Main Road• P.O. Box 1179 Patricia Acampora �® �® Southold,NY 11971-0959 Eric Dantes as Office Location: Robert Lehnert, Jr. Town Annex/First Floor Nicholas Planamento ® 54375 Main Road(at Youngs Avenue) � ® IOUfVN Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD April 25, 2023 Tel. (631) 765-.1809 Patricia Moore Attorney at Law 51020 Main Road Southold,NY 11952 Re: ZBA Application 47780, Cosenza 1700 Hyatt Road, Southold SCTM No. 1000-50-1-5 Dear Mrs. Moore; Transmitted for your records is a copy of the Board's April 20, 2023 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration,grant an extension not to exceed three (3) consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN.Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy,nullify the approved variance relief,and require a new variance application with public hearing before the Board of Appeals If you have any questions, please call the office. Sincer y, Kim E. Fuentes Board Assistant Encl. cc: Building Department S.C.T.M. N0. DISTRICT: 1000 SECTION: 50 ,BLOCK: 1 LOT(S): 5 / o RECEIVED FEB 14 2Q� / / / 6'0 per% �o / TOP OF BLUFF AS SHOWN / / / / ON SITE PLAN PREPARED BY SARDAR DESIGN STUDIO Boar @Peals % / J / / / / 'let AND APPROVED BY SOUTHOLD Zoning TOWN BOARD OF TRUSTEES �~� JULY 13, 2022 lei 1 i PROPOSED 30' WIDE /ryo 1 ` \ \ \ 1 1 1 0 NON-DISTURBANCE BUFFER 00 PROPOSED 0, \NON-TURF BUFFER ,To REA4VN NaTIJ / I IT I / / / +/+t+ l / � /,++ � +1 ,- PROPOSED ++ + + ++� +1+ +f+ + S S� S i STONE PAVER WALKWAY +S+ + + �S S�� 83.6 , +1+� +T ++1 •S� CIS�.� BIN 80.3 � / PROPOSED - _ ++ +'+�++ �^f P BIN 78. 80.9 1N / GRAVEL PARKING / / f _ IFLAP .. i ^`\ W/BELG.BLK. CURB i+ + + + (TORE BEHOVED)- a/ 1 l I + ++ + S tis tis B .2 ...... -1190 AREA LANDWARD OF CREST OF BLUFF: 18,741 S.F. or 0.43 ACRES :::.. / i I I I ++ �TW 4 (AS APPROVED BY TRUSTEES JULY 13, 2022) I I I I 1 / , I I i + ' , �?++ 7 I I + + + '� i tp S S S O q DWEWLLING W/ COVERED PORCHES: 2,850 S.F. I 1 / � S S ri O I +1+ +++++ + b� OUTDOOR SHOWER: 18 S.F. / , . . 6'. .0.�S1LP. GAS TOTAL 2,868 S.F. or 16.8% 0 \ T S S S / so .. : :: :::::::?s y �y 66•> '•;r;• + + + .. ^.S S .�. / �O i •::::•:::•::::2 STY FRAME:.':': ... ItAME::::::::::: S S S \ a ii t?::::: ::::.DWELLING::::::: TIN 69.5 N 0 \ + .A S aS S � ° Q� 1700 Q�p :::::::........* 80.5 BIN 66.3 SSSSS ry ::::......:::::: \ 60;� '\ :: ::':: .......................... TW 74.4 4 �\\ L� :: .... .....:s) IN 67.3 s7�`"VF 63� THE WATER SUPPLY, WELLS, DRY WELLS LLS AND CESSPOOL NYSDEC COASTAL EROSION HAZARD MAP I �4 �� SHOWS ........................................... LOCA77ONS SHOWN ARE FROM FIELD OBSERVA770NS ,�7'�. fyy 74.g �� AND OR DATA OBTAINED FROM OTHERS PHOTO No.56-570-83 08/29/88 PROP. 3' WIDE STEPPING STONES \� '4,4 'M 73.7 / C a....."'....:::::ti° NAVD88 AREA: 38,781 .49 SQ.FT. or 0.89 ACRES ELEVATION DATUM: UNAUTHORIZED ALTERA770N OR ADDIITON 70 THIS SURVEY IS A NOLA77ON OF SEC7/OV 7209 OF THE NEW YORK STATE EDUC417ON LAW. COP/ES OF THIS SURREY 2 MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED 70 BE A VAUD TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN — i i' ^ AY DR&LN 6� '3 ONLY TO 7H£PERSON FOR WHOM THE SURVEY/S PREPARED AND ON HIS BEHALF 10 THE 711LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION '70 i O IT LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES 70 THE STRUCTURES ARE FOR A SPECIRC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE EREC7700V OF FENCES ADD17IONAL STRUCTURES OR AND 07HER IMPROVEMENTS. EASE)WENTS cob TIN 64, q w QFp °M AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY ENDENT ON THE PREM/SES AT THE 77M£OF SURVEY OW 64..5_- irFlj� / ti� J SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: JOHN COSENZA '/ 6 1956 MAP OF: / - 60 --- 60 0 FILED: / / U.P. TIN 59.8 SITUATED AT:HORTON POINT ,58--- -8 TowN OF:SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC / SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design (� P.o. Box 153 Aquebogue, New York 11931 REVISED 1 1—0 8—2 2 / FILE #222-135 SCALE:1„=30' DATE:OCT. 5, 2022 7 N.Y.S. USC. NO. 650882 PHONE (631)298-1588 FAX (631) 298-16M pz4mm 12-M98 08-11-99 0740e-01 904)5-04 N3/0 1ffiw 01-1345 03-30-08 12-01-06 11-14-M 03-0309 12-30-16 03-23-18 770 U^6e4z4, I-ok ) SouNa 60 ^ 8 8A)c) CCCrrr��� 1 I p SOUTHOLD PARK DIST a, 1 1A 10 ZO4(C) 3 13.1 /^ +w J 1?A 4' 78.1 / T'A8(c) _ " 2.30k g2A(c) 14 8 2.2A >7 ! 7 fu 1.'A(c) ,a ,a .� 7e � 18 m 19.1 3.OA 8 8 i 1 qn 1.1A(c) I 4 '1 YY p' t tq(C)'F.- /;.13'+(C) t.3A 3 _ / 27era _F 22.1 1.IA R 1'NC) A a 22.3 str 1. c) r �r 0A N 331 WI �i L RgrNr NNIW s�eMWm lnw ��� lba 4mY ������ SUmiPsiv tiz --tCN-- N1rr+p�Yltluro --N-- VKE6b uulnN OIKRMASE.nu PROPlRlIE6 E .,.eNe em,eeo MEWTHiNTHEFOLLOMNOOSTRICTB- w rMr G Mi'yen lei lw - Lr.e�Onin.en c Wier G.�w L.r --W-- 14+rs1 Prol Lw r®T-- Flr8 9+1 NVOUNT 41 _ N rwn. WF— D Pei w. 23 12.1 A(0)a 121A