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7804
as cx�-zL ` fb0'cle' afip b e ef C/�t c r'n tq 1 , tw XX ( S(f c: ,2 Y©- t;'y A)Ckj n ICW LLL kA a nra) 6-T emqww ea �occt�,,4 q cc ncw .6 lr�, ,c 4�fttq AO pq U z3 � ,1 DSON, LEFFERTS P . #541 Bayview. Jan. 31 , S.outhold, New York Page 3 GRANTED permission_ to- improve and.--ex-pand _a, non-commercial marina in a residential -district- with, following. condition;- r_ Al.l-.-commer.c_ial_ .and/o-r.. business activity. is .-specifically- prohibited.. - - - �)In the future activitiS.s.. that .may be._.set would- , . ,benefit local owners rather than owner.. - . 0 Owner: 9450 Main Bayview LLC/Marra File #: 7804 Address: 9450 Main Bayview Rd 1 Code: 17PA Agent Info Anthony Portillo AMP Architecture P O Box 152 Mattituck , NY 11952 Phone: 631-603-9092 Fax: Email: aportillo@amparchitect.com h ti0 ,��f2 SfD U oOJV Or7t&v�S d BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ®F $®UTA 53095 Main Road• P.O. Box 1179 Patricia Acampora ®� ®�® Southold,NY 11971-0959 Eric Dantesc Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento ® �� 54375 Main Road(at Youngs Avenue) ��C®UNV Southold,NY 11971 RECEIVED http://southoldtownny.gov d fZ;Ltgf \ ZONING BOARD OF APPEALS AUG 2 1 2023 // TOWN OF SOUTHOLD n Tel. (631) 765-1809 �}'�',"`,`,c, Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 17, 2023 ZBA FILE: 7804 NAME OF APPLICANT: 9450 Main Bayview, LLC/Daniel Marra PROPERTY LOCATION: 9450 Main Bayview Road, Southold SCTM No. 1000-87-5-22 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. 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 July 17, 2023. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available, it is recommended that the proposed action is EXEMPT from Coastal Consistency Review. SOUTHOLD TOWN BOARD OF TRUSTEES: A prior application was submitted to the Board of Appeals,#7530 dated June 9,`2021, requesting a setback of 19 feet from the front property line where the code requires a minimum of 50 feet. The ZBA conducted a public hearing for application #7530 on September 2, 2021 which was adjourned so that the applicant could submit an application to the Board of Trustees,who have concurrent jurisdiction since the proposed construction is in close proximity to wetlands. A letter was sent to the applicant and a memorandum was issued to the Board of Trustees on September 8, 2021. The Southold Town Board of Trustees denied a Wetland Permit on two occasions, on March 21, 2022 and July 18, 2022. In the Board of Trustees records, the LWRP Coordinator found that the proposed application was INCONSISTENT with the Local Waterfront Revitalization Program standards 6.2A and 6.3 D and E. Appeal # 7530 was withdrawn by the applicant on April 20, 2023 and replaced with this current application # 7804 which requires area variance relief for a front yard setback of 20 feet, as opposed to the 19 feet that was previously / requested, where the Town Code requires a minimum front yard setback of 50 feet. The ZBA has received, from the Trustees the transcript of their previous public hearings and denials of wetland permits for the construction of a dwelling on the subject property. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 53,596.2 sq. ft. parcel located in in the Agricultural Conservation (A-C) Zoning District. The parcel has a 145.00 feet road frontage along Main Bayview Road, measures 435.59 along the easterly property line, measures 115.00 feet along the southerly property Page 2,August 17,2023 #7804,Marra—9450 Main Bayview SCTM No. 1000787-5-22 line, and measure 416.73 feet along the westerly property line. Currently, the property is vacant and is covered by dense natural vegetation and a large expanse of freshwater wetlands as shown on a survey prepared by Jason Leadingham, L.S., of Scalice Land Surveying dated November 18, 2021. BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's May 11, 2021 Notice of Disapproval based on an application for a permit to construct a new single- family dwelling; at; 1) located less than the code required minimum front yard setback of 50 feet; located at: 9450 Main Bayview Road, Southold,NY. SCTM No. 1000-87-5-22. RELIEF REQUESTED: The applicant requests a variance to construct a single-family dwelling having a front yard setback of 20 feet instead of the minimum required 50 feet setback. ADDITIONAL INFORMATION: At the hearing, an adjacent neighbor spoke in opposition to this application. An attorney representing another neighbor also objected to the proposed construction.A letter of objection was submitted to the ZBA from a third neighbor. The applicant's architect submitted an aerial photograph from Google Earth of Main Bayview Road showing the front yard setbacks of other properties along this road, two of which had had received variance relief. The Board reviewed the ariel photo map and the ZBA decisions, and determined that the variances that had been previously granted were not comparable to the subject application because they were for additions and alterations to existing dwellings and not for new construction. Also, at the public hearing the applicant's architect stated that the Board of Trustees had informed him that an 80- foot setback from the wetlands was acceptable. Based on this information, the Board of Appeals adjourned the application without a date pending the resolution of the Trustees application. There was no objection by the architect nor any correction as to whether an actual Trustees application was in fact pending. Upon further inquiry with the Trustee's,the Zoning Board ascertained that there was no current application for wetlands setback for this property, and the Trustees, upon site visit with the architect, merely stated_that the Trustees would not even consider hearing another application,for a third time, unless the proposed dwelling was setback an absolute minimum of 80 feet from the wetlands.Consequently,the Board of Appeals moved to close the hearing at the August 17,2023 Special Meeting so that a decision could be rendered in a timely manner. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 3, 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 §267-b(3)(b)(1). Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Main Bayview Road is a very long street developed with lots and dwellings of varying sizes. The majority of the residence's ether have conforming front yard setbacks or are pre- existing non-conforming because they were built prior to zoning. The development of the subject lot with a two- story dwelling on a foundation of piles that is proposed to be 20 feet from the front property line is not characteristic of the subject neighborhood. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,other than an area variance. The subject lot is heavily burdened with significant freshwater wetlands in the center and rear of the lot makes it impossible to conform to both the code required fifty-foot minimum front yard setback and a Trustees approval for a non-conforming wetlands setback. 3. Town Law 4267-b(3)(b)(3). The variance requested herein is mathematically substantial,representing 60%relief from the code. Page 3, August 17,2023 #7804, Marra—9450 Main Bayview SCTM No. 1000-87-5-22 4. Town Law§267-b(3)(b)(4). 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. Comments submitted in writing and at the hearing from adjacent neighbors familiar with the subject lot,two previous denials by the Board of Trustees for wetlands permits, and the recommendation by the LWRP Coordinator who determined the proposed construction to be INCONSISTENT, all concluded that the development of this property will be adversely affecting the wetlands of the Town. In the transcript of the Board of Trustees hearing dated March 16, 2022 the President of the Trustees made the following motion "With the inconsistency from the LWRP, with proximity to sensitive wetlands that are undisturbed currently, and wildlife, this particular application violates Chapter 275-12(a) because it adversely affects the wetlands of the Town,and 275-12(d)adversely affects fish,shellfish or other beneficial marine organisms, aquatic wildlife and vegetation or the natural habitat thereof, in accordance with all of that, I make a motion to deny this application as submitted due to these reasons." The motion was seconded and approved by unanimous vote of the Members of the Board of Trustees. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of requested relief is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a dwelling with non-conforming front yard and wetlands setbacks, 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 Weisman(Chairperson),seconded by Member Lehnert, and duly carried, to or DENY as applied for, Vote of the Board: Ayes: Members Weisman(Chairperson), Lehnert, Acampora, and Planamento .Nays: Member Dantes (4-1) Les ie Kanes Weisman, Chairperson Approved for filing X/`� /2023 — Y-iVc SITE LAYOUT NOTES: I. THIS IS AN AVER TEOT'SVERIFICATION SITE PLANS 15 /A/ APR 2 0 202 m It SUBJECT TO VERIFICATION BY A LICENSED SURVEYOR. THE INFORMATION LIMITS OF CLEARING, -�.� Z m 3 REPRESENTED ON THIS SITE PLAN IS TO THE GRADING AND GROUND °w ARCHITECT'S BEST OF KNOWLEDGE. /� DISTURBANCE ����/ Zoning gr© �¢<� f 1 'y4 / rd Oq e 2.SURVEY INFORMATION WAS OBTAINED /.'.:._._I //`/ Tom` PROP. IA ON51' PP IS z Zaw— FROM A SURVEY DATED 11/18/2021 AND S6 �' $z�� . PROP. IAOWT5 Oo WA5TEWATER o;. <.,i= PREPARED BY: Ogg }L/ TREATMENT 5Y5TEM '.I' Q ° a =a SCALICE LAND SURVEYINGOy /^ \ (5 BEDROOM) ; o a P:65I-,g5R-2400 j 0 0 R \ 0 0 3 w \ =}3� 00 ` \\\ \\\ PHOTO ie3 y PHOTO2 NEW PUBLIC PHOTO #I z o a 4 .I \ (+� \ \\ \ WATER a R z o !4 EDGE OF FRESHWATER % \ \ \ =2<-,. BOUNDARY A5 DELIENATED \ - 2 p' ^\ \\ \\ GONNEGTIO o LL o BY EN-CON5ULTANT5, INC. ON v /� �•\\\\\\ \\\\moi�O MI/y _ PROP. ENTRY STOOP :0 Q OCTOBER 51, 2005 $� f\\\ \\\� \\\\ �nf 1/ \\ NEW BURIED ELEG: . N o 3 6' D.W.J ' CONNECTIONg PHOTO #4 zaZl<0 PROP. \ PROP. BURIED W W z is � � �la� :' \\\ \\� CANTILEVERED �0 PROPANE TANK I.I.3<o / = \ WOOD DEGK� ♦—PHOTO #5 .W°z o11 Z� 79.4' PROP. e,_1: $O �' 0 / 6 w w 3 / GRAVEL Uil:%/'i \m 6�, 10• ::::::::::::::::::::: DRIVE. / 8�, x W 2 T 1 :::�YVETLA:NDS''::::::. \ / PROP. %1 v, �` \y moo m o xw ¢o . 01PISS:V::::::::,, PROPOSED F:::::::::::::::::::� DWELLING /6 DWELLING Q) �. .............. 0 go w I leE N j rJ m 4(/�40 n 0 TEST ��g '` /�6 �' HOLE F /O .41 -z- D.W. � U n� `• ` �U \\moo �A�h 1110, 0 U QJ f �6 ::::::::::::::::::............ ................... ::::::::::::::::::: ............ ::::: ::18............. ::::::::::: LLI/ opo LOTAI J_�_ _ ENLARGED PROPOSED 51 .`� Z W �� DEscwPnON AREALOT SCALE: I" = 20'-0" Q uj Q p PROD! l T/ZorgNE>�..Ail•.4....- ---- salrHOLn_7orAl Goae..2eo-3f3i-(Il1(fY"~`-~ �.-- -- ��Ny — m O .� TOTAL LOT AREA 53$963 5F. -_ _ .,- it Z 2 • LOT 512E/AREA IN ALLONABLE TOTAL W 0 hE7LM� 24$786 5F. 46.9% TAX MAP 1000-07-05-22 24p21.7 5F. 9p21.7 S.F.. F.)fl.F35 OF 20p00 S.F. GFA GFA PQ � Q � �S�o ' o'Iv TOTAL LOT AREA RB4IJNING 29p17.4 S.F. 54.1% ZONING DISTRICT AG NON CONFORMING ��POO 5cartrAINING uP TO 5--,0 SF. G O N �3 LOT AREA 13 ACRES ALLOWABLE Sr,/PLUS W In 125%OF EXGES9 LOT 2J000 S.F. 1,127.7 SF. 527.7 S.F. I$I1.4 S.F. 0 Z LOT COVERASE __... "'---- VARIANCE APFROVAL PENDING AREA OVER IOQOO S.F. LL J O. -- FEMA FLOOD ZONE X ZONIN6_RE6IAA._TfQy3..DkE1d.Ml6-- -V— �i a DESCRIPTION(FOOTPRINT) AREA GG% WETLANDS DISTRICT �+DIN& gq�TFfoLp TOWJOQIIE.200-124--� '�J�!- ' �° 9L '7DEG DISTRICT FENDING L; A.* 0 TOTAL LOT AREA 53$963 S.F. PROP. COMPLIES /S O /O /Q ':: SI.FFOLIG GOIMfY F�APPROVAL PQIDIN6 3 BROOM SOo' ]OD' No ;:; TOTAL BUILDABLE AREA 29PI7.4 S.F. MIN.FRONT YARD � PROPOSED DWELLING 758.7 S.F. 2b% - PROPOS® PROPOSED MIN.SIDE YARD 200' 21A' YES ^��. `p � -A �/C C Q�G PROPOSED HABITABLE SPACE Y�IN®SIDE 400' 996' YES PROPOFi®ENTRY STEP' 420 SF. O.I% �C PROPOSED 2ND STORY BALCONYICY 400 Sr. 0.1% FIRST FLOOR ARZA 756.7 S.F. 'i56.7 SF. MIK REAR YARD 600' 3660' YES �� •.`•^�' ' o ` r , TOTAL AREA OF ALL STN IGTURlS 640.1 5F. 2.9% N 5ECvNv FLOOR AREA 750.7 S.F. 758.7 5F. MAXIMUM hEISNT(FROM �0, �6, Y� (•f� ✓;,IA•v. ,.i-✓ v ; 7 Q PROPOSED SITE PLP�N MA%MR4 LOT coVa+AGE ALLOYIFD,20% AVS.YARD I i � ,; F m ci AREA TOTALS 1$17.4 S.F. 1$17.4 SF. REAR YARD(FROM p'9 750' 793' YES . �,j .AI._j'•' y,=��, 4.i• m SCALE: 1" = 50'-0" �y( "cc'S s tii Iii a 1�Y GENERAL 5YM5OL <EY: Z W .1 EXISTING To REMAIN NEW F01IMATION WALL m w o 00 KEK WOOD FRAMER ECEIVl^ 1, F Z ¢ E® ._4 Q N o F S. 0 2 _ 023 °J `~ APR 2 02 W oW��a Zoning B � m E a a and of ox I _ PPeals Z.w PROP. a � BEDROO 2'-O" o LL o zO.0 w _r z Z 3 3T0' , -5" 3'-5" z w s W a oa��°! ROP. m - GL zI �a`Wa oWs¢° i P. a p JN ', BATH.S.F - 55 F. PROP. MASTER BEDROOM i cV L5ffi U!,= m . . Ia z¢oI PROP. W BALLON WZM PP' 40 S.F. I-Coomu G , 0. PROPOSED ROOF FLOOR PLAN PROPOSED 5ECOND FLOOR PLAN U m (0q S.F. HABITABLE SPACE;bq S.F. GROSS AREA SCALE. 1/6'=VI 754 S.F. HABITABLE SPACE;754 S.F. GROSS AREA SCALE, v6'=r-o• �` — I U 4'-6' El - - 0 cn iI r 6'-10" 0." NRS.:........... .. --- r.. . ��. I - - - PROP. LIVING �� � BUIL BAR BUIL �, 0 0 q r Q 1 m ROOM 204 S.F. 11 UP UILT 1 - — 111NIN& OPR 0)_OM : I n W 0 150 F. N PROPOSED 10 m U w O PROP. KITCHEN I -cv GONG. COLUMNS =ry Z ATP. Cf 104 S.F. I W/HELICAL PILES ` Q AG UNITS Sca 0 .F 8- it W z = I 7'-4' 7'-4 8 5' 8'-5 8 8" Q ~ TO HOME , - - - - 2 0 CANTILEVERED -- - - 1- - - -I 3: o Z 't ON. to �5'-O"--ter J J rn p - - - �- 1— — — — EDA D �` CL PROPOSED FIR5T FLOOR PLAN PROPOSED FOUNDATION PLAN R; N 762 S.F. HABITABLE SPACE;762 S.F. GROSS AREA SCALE, 1/&"=I'-0' SCALE. 116"=r-0' 1• Op •! ° ' o a N Z w Q N .J Y APRO�P05ED TOP OF BULKHEAD— o o W 3 EY LEV. +45.6 ZoZoWW 0Zw�= O J d'Q RECEIVED wW% Z. PROPo D RIDGE APR 2 0 2023 �HEIGFfT — aazo= 'V ELEV. +35.6 LI I o f o Q Zom Zoning Board of l`pp+.=jai:: o zoto o a O zZCZ0 ow3ZZ — ------- XX o ==was PROPOSED In �Z=-ao 5EGOND F.F. Z�oa� __f Y ELEV. +25.7' ./ 2� a a z c~a j a N.oa o O EA5T PROPERTY LINE o S a PROP05ED FIRST FINI5HED FLOOR ELEV. +15.8' —� — --- ------------------- _ AVERAGE GRADE _ _ _ _ _ U ELEV. +11.8' -FJ + PROPOSED NORTH ELEVATION (FRONT) (� 50ALE. 1/8°=I'-0' v a- <Q - ---------------- ` � w v W z N mo Q w Z = -- o Lo m w o ZLL � / J R FLED A / n N a Q hat 0 t� N N �T 037 ® m PROPOSED SOUTH ELEVATION (REAR) F OF N E a z s" Y ~m w O zi-w3 ow 3zxQ U ~ it< :~M0 W O z,M O J K a W RECEIVED o �?Qa m oo3w mm>5W APR 2 0 2023 0xz�w z 0 0 6 V J4F wa _a-6 W x o O w 0 w S Zoning Board of Appeals Y -z Z. zwrg W� j U x_03 O w O N a axxxm C055ED TOP OF BULKHEAD� za M. \ azao 12ELEV. +45.6' 12e o =3Qo a z¢ooa o awwx � azcai"� � w�aoa PROPO ED RIDGE HE I SHT( -- - ------------- ------ ELEV. +55b' N � � U < o N \ + N r XN m Q PROPOSED � � � m SECOND F.F.gK ELEV. +25.7'`r Q cn \ NORTH PROPERTY LINE p PROPOSED FIRST 0 C ❑ FINISHED FLOOR G ELEV. +15.8' --0-------------- ------ _ AVERAGE GRADE _ ELEV. +II.B' PROPOSED EAST ELE1/ATION (LEFT) PROPOSED WEST ELEVATION (RIGHT) w &GALE: va"-V-0" SCALE: I/H°- V-0" Z W w 2In ao wz = 20 w 0 o Z -W J a D AIQL', * M 1 N Q to r�10k �� M y 37a-C�� d gh SYMBOL LEGEND 80 Cl NONUMENT TINE C, 9.NO pOAD BEARING SHOWN HEREON ARE BASED Ijl P 2T 30 ON LIBER 1308B PAGE 0152 T`E11VA`2N5 j3AYVI'FW S-0 RZA UTIIJTY POLE MAIN (66' WIDE) GUY IRE -x UTy TU POLE WAIGITe'1 0,7r E UGH POLE E HYDRANT S51'23'40"E PVC RICE ---------- 2,40 35.00' s6ol) 'TGCKAOE RICE ISM) E IS V�, ------ I oo.00- �.N J.FENCE(CLI': e ma�!t-L 11 --E ; WINE FENCE 0 145.0 w u:- -HOLE CIE]'A--I.l'T 0 .02'40 0 'T�LET SIS Id YAa LNL--T IQ, 'ARD ICT CI Da VZ A/C UNIT IT 93 E-E-1 NEIUZ - [0 GAS METIER c' LC) 11 -,16 [P WATER NETER ct - - 0) D4 GAS VALVE g WATER VALUE TEST HOLE e cr) TRE --------------- M. • BOU- D A YF_P_Arv0 RAC CE ,A LS - "So I AT WIND W WELL .1 0. . A-1 C/E CELLAR ENTRANCE ;E�D�7, ------A -0 0/�Ovu;-. FLA�1-S — R/O ROOF OVER MG 10.3 C) Y Ez C ANTCANM.EVEA G D L GENERALLY ON LINE o CROSS CUT FLAG No.1" STAKE0 bM O/L ON LINE y FLAG NO.7,', WAIL AND N.1,D6: • > NO.A -- -----& TAX LOT 24 FLOOD INFORMATION NOTE: --- FRA�IE STORY BY GRAPHIC PLOTTING ONLY,THIS PROPERTY LES WITHIN ZONE-X-. (—G WATER) 'X-'AND"AE'AS SHOWN ON THE FLOOD INSURANCE RATE MAP. I...E.WELLS COMMUNITY PANEL NO.360813 0166(MAP NO.36103CO166H), WHICH BEARS AN EFFECTIVE REVISED DATE OF 09/25/2009.MD IS 11 AV.RECORD DOCUMENT IN A SPECIAL FLOOD HAZARD AREA NO FIELD SURVEYING WAS VACANT LOT PERFORMED TO DETERMINE THIS ZONE. TAX LOT m.13 0 0 9- ZONE'X"DENOTES AREAS DETERMINED TO BE OUTSIDE THE 0.2Y. NO"...WELLS ANNUAL CHANCE FUOCDPLAdN. NO A-- DOCUMENT FIE0. 0 DENOTES AREAS OF D.2%ANNUAL CHANCE FLOOD; REAS _-ZONE x.. ZONE c\1 OF 1%ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN z0 AREAS PROTECTED BY LEEVES FROM It ANNUAL CHANCE FLOOD. < I FOO OR WITH DRAINAGE AREA LESS THAN I SQUARE MILE:AND ZONE-AF(EL6)' FLA.NO. Cj Ln ZONE'AE"DENOTES BASE FLOOD ELEVATIONS DETERMINED. -- I z 0 ---------- 2 IL 6 < (D � 55-� Q c� :Ez �S < 6 w K r- Lu Of '.��I GO >- u 0 uj 1v 0 A- C, In WILE BOUNDARY NOTES: �—..i. 0 Z mg 1. CONFLICTING MONUMENTATION FOUND IN THE MCINFYMc W OF THIS <PROPERTY AND HISTORICA DEEDS AND OLD 19450 m 0 SURVEYI G RECORDS INDICATE THE POSSIBILITY OFLD VARYING INTERPRETATIONS OF THE PHYSICAL flj POSITIONING OF THE LINES OF THIS PER PERTY- TAX LOT ZZ . K _j 0 0 sso cz, I b Do 1.0 P a- R: uj WEMANDS NOTE to I cooi nr� (FOR HEALTH DEPARTMENT USE ONLY) 0 AN AREA OF MCA!-WETLANDS WAS DELINEATED BY SHAWN M.BROWN, I GOW W o M.S.ON JULY 6,2021 AT THE SOUTH END OF THE PROPERTY,BY V) WETLANDS FLAGS NUMBERED 1-7 AND A FRESHWATER WETA D WAS v) IL B�y- DELINFATED IN THE CENTRAL PART OF THE LOT,BY WETLANDS FLAGS I m NUMBERED 1-11. -—--—-- kJV5�H�Oi 115.00, RECEIVED LL- u, 0 5 TAX LOT 26 0 :cc 0 20'N.O.. 33 s I_--------------.-•_•-.-•-•-._ o IN C-) P c, 2 STORY -CE "6 Ld Uo (PUBLIC To a, > 0 0 �,b U, APR 2 0 2023 T: : n - NO AVAILABLE RECORD DOCUMENT =) =) V) 0 C/) V) GRAPHIC SCALE Zoning Board of Appeals Q o 20 40 COREY CREEK -Hli M. NOTE, LOT AREA IN FEET 53,596.19S.F. NO VISIBLE WELLS WITH IN 150' S �H I-inch = 40 It OF SUBJECT PROPERTY ALL ELEVATIONS REFER TO NAVD88'DATUM 1.23 AC. of s0�j - ��� OFFICE LOCATION: ��� yQ� MAILING ADDRESS: Town Hall Annex h O P.O.Box 1179 54375 State Route 25 Southold,NY 11971 (Cor.Main Rd. &Youngs Ave.) vs ,� A/ Southold, NY 11971 �Q Telephone: 631765-1938 00uON,��' J4S LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVED JUL 18 2023 To: Leslie Weisman, Chair O� Members of the Zoning Board of Appeals zoning Board of Appeals From: Mark Terry, AICP Assistant Town Planning Director LWRP Coordinator Date July 17, 2023 Re: LWRP Coastal Consistency Review for ZBA File Ref 9450 MAIN BAYVIEW LLC/DANIEL MARRA#7804 SCTM No. 1000-87-5-22. 9450 MAIN BAYVIEW LLC/DANIEL MARRA#7804 -Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's March 30, 2023 Notice of Disapproval based on an application for a permit to construct a single-family dwelling; at 1) located less than the code required minimum front yard setback of 50 feet; located at: 9450 Main Bayview Road, Southold,NY. SCTM No. 1000-87-5-22. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,the proposed setback variance is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item"F"which states: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Paul DeChance, Town Attorney Glenn Goldsmith,President � /jy Town Hall Annex �0� o`Q 54375 Route 25 A.Nicholas Krupski,Vice President P.O.Box 1179 Eric Sepenoski Southold,New York 11971 Liz Gillooly G Telephone(631) 765-1892 Elizabeth Peeples Fax(631)765-6641 oly�DUM��� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD March 21, 2022 Anthony Portillo AMP Architecture LLC 1075 Franklinville Road Laurel, NY 11948 RE: 9450 MAIN BAYVIEW, LLC 9450 MAIN BAYVIEW ROAD, SOUTHOLD SCTM#: 1000-87-5-22 Dear Mr. Portillo: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, March 16, 2022 regarding the above matter: WHEREAS, AMP Architecture on behalf of 9450 MAIN BAYVIEW, LLC applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated July 23, 2021, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council who was unable to make a recommendation as property was not staked at the time of their inspection; and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the proposed application be found Inconsistent with the Local Waterfront Revitalization Program policy standards in'that: 1. Verify how the lot was created. 2. Groundwater is high EL 4.5' below grade and the basement should be reconsidered. 3. Seasonal and storm surge flooding is expected. 4. Setbacks to wetlands should be maximized to the greatest extent practicable. 5. Establish and maximize vegetated buffers landward of wetlands; and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on February 16, 2022 and March 16, 2022, at which time all interested persons-were given an opportunity to be heard, and, - WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the Board has determined that the structure(s), as applied for does not comply with the standards set forth in Southold Town Code Chapter 275-12 A. Adversely affect the wetlands of the Town, Chapter 275-12D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation or the natural habitat thereof, and Chapter 275-12J. Adversely affect the aesthetic value of the wetland and adjacent areas, and WHEREAS, the Board has determined that the request, as applied for, will have a detrimental effect upon the health, safety and general welfare of the people of the town, and, BE IT FURTHER RESOLVED that the Board of Trustees DENIES WITHOUT PREJUDICE the application of 9450 MAIN BAYVIEW, LLC to construct a proposed New 2 Story Dwelling with Full Basement: Proposed 2 Story Dwelling: 16'X59' (945 SF); Proposed Wood Cantilevered Deck: 6'X22.3' (135 SF); Proposed Front Entry Stoop: 3'X14.7' (45 SF) ; Proposed Basement window well & Concrete entry stair; New IA OWTS: Buried at front/side of property; New Gravel Driveway: 560 SF; New Buried Drywells: (1) 6'x4' deep Drywell & (1) 6'x5' deep Drywell'— located at front and side of property; New Buried Propane Tank: (1) 1,000 gallon tank buried at front of property; New Buried Utility Connections: At front of property; and as depicted on the site plan prepared by AMP Architecture, LLC received on March 7, 2022. This is not a determination from any other agency. Very truly yours, I�/& we:V/� Glenn Goldsmith, President Board of Trustees GG/dd Y �o�W3s HUN ==ads€ R'l NORTH ELEVATION(FRONT) sca_e.ve•.iw• 13 ---------------- SF. DECEIVE D a GANTILE`9 U n Poon DEC4< MAO _7 2022 a W 1� EE ----------- KG a SoutlmtdTwm z o Board afTn54ea �s T I —I — IL"aI I .Il1 r I— Ir•rI I z 1m —l� I I_ F�____------ I —I I EXISTIN&EARTH I1=1 I I M p I III _ I I ��T11=1T(- S11� — I—I— � ! I I H�I I rJ� •2.aN �'���C� EL<��eRaNra YM'�¢• � � v �� � * * N .. EAST ELEVATION(LEFT SIDE) y� 0 740y O� m� .W- b• FOF NE`N �3 a g�z �g5f1�S ff MR 5OUTH ELEVATION(REAR) scu.e,ice•.,•-0• ui MAO _7 2022 a W � SOLWdTurm N } Board dTnrstms Q W m z � z9 1iE z 0. H EDAR�y/T g m WEST ELEVATION(RIGHT 51DE) * ¢ o * 0 scu.e va•-ro• . 9� 037405 FOF NE`tf J PROJECT/Z_ONIN&DATA - LOT COVERAGE _ oa TAX MAP• 1000-81-05 22 DESCRIPTION(FOOTPRINT) AREA LOT 6E € 'e•'-` ZONING DISTRICT AC NON-GONFORMIN6 TOTAL LOT AREA 53;5ggA S.F. 6 c ,y, LOT AREA 12 ACRES >5€ PROPOSED RESIDENCE 1,125.0 SF. 2.1% t! / \ ,)•VJ TOTAL AREA OF ALL STRUCTURE 11350 SF. 2.1% o B F/T' MAXIMUM LOT COVERAGE ALLOYED-20% t� REQUIRED:5EM KS MAIN BUILDING" ``., � �``, L ') •�` \ REQUIRED PROPOSED GOPIPLIES of<�+yri FRONT YARD 50.0' 30D' NO � aq SIDE YARD 20.0' 200 YES BOTH SIDE YARDS 40.0' BIS' YES REAR YARD 60.0' 358.0' Y6 °•.. (FWJMYWETLAN�) 75.0' blb' WA 4 / 1 \ � • \� �� nnara'�� / OCTOB6t 2i,2005 • \ d \ F.V-�K....s/ TEST HOLE DATA BY MCDONALD 6FDSCIENCE " . . . . . . \ x�Y auD•a6i o ' ' ��� � y DARK BROiN SILTY CF IRAN SILT 9]' PALE BROIdI RINE • \ /•�� � ELe47' SP TO MBJII.M SAND o E C E V E 6PQ DHATBi 43• MAA -7 2022 SP �O Luo., •• • • • • • \ MIDRM 9Alm V Q Ort :.. . . . ..... .. :: . .. .. . . . .l / / BoarWdlmd dTilste�i.XII � y z II Q w m gz� zZ 00o ny . SITE LAYOVT NOTES, ARCHIN AN RGHITC-OT'5 SITE PLAN t 15 SUB.FGT TO VERIFICATION BY A LICENSEDS �1 Y• 11 / SURVEYOF R£PRESEMID ON -0EIS D PLAN 15 TO THE y'(f:REe•41�cy a ARCHITBCrs BEST OF KNOWLEDGE. �• O��I h�• P ��� 1 ® 2*5URVET INFORMATION WAS OBTAINED ` ®•^'�'m ^`®•� FROM A SURVEY DATED NOVEMBER IB, Z 2021 AND PREPAREV BY, .( O I SC-ALICE LAND SURVEYING * * Q PROP05ED PARTIAL 51 TE PLAN T'�" 655'U q5'1-2400I SCALE.r=10'-0' 9� 37405 a Board of Trustees 29 March 16, 2022 everything into this very oddly-shaped house existing footprint that we are trying to save as much as we can. And we have to go kind of back to the front of the property where we have the electric line coming in and then the water line coming in an the septic line;and we have all these setbacks, and then ose things have to be a certain distance from the property} e. So, d then all of that then has the domino effect to fie west side o the property to where we get to where we ve to put this waI. So to ti's, to what Rob was saying, you ow, we were, we ` have figure out a way most likely that in res onse to your concerns,tha we may be able to move th all off the property line by shifting a angles of, the elemen of the septic system, but the es, that you just ought up about this three-foot thing, b ause property un ulates, and we have to maintain that, we ha a three-foot d p leaching galleys that I don't think can be anshallower, ' st because they don't manufacture them, an hen we ave to,we have certain clearance from groundwater, we ju don' have the depth to be anywhere lower, in this particular pla e o handle all the runoff. So we are trying very ha to accommodate that, and in fact the owners,we just resub i d the plan to you because we removed the hot tub so t atw would reduce the need for as much drywell capacity so tha a coul compact that leaching galley area, so we could po ibly move a wall. So they are making accommodations to verybody`s co cerns. TRUSTEE KRUPS I: Thank you. MR. HERRMANN Thanks, Meryl. MS. KRAMER: . u're welcome. TRUSTEE KR SKI: Is there anyone els that wishes to speak or additional co ments from the Board? (No respons ). I assume y u would like to table the applicati ? MR: HER MANN: I think we need to do that. TRUST KRUPSKI: Very good. Hearing no further comments, I'll make motion'to table the application. TRU EE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). TRUSTEE GOLDSMITH: Number 6, AMP Architecture on behalf of 9450 MAIN BAYVIEW, LLC requests a Wetland Permit to construct a proposed.two-story dwelling with full basement consisting of a proposed 20'x41' (820sq.ft.)two-story area and a 18'x18' (324sq.ft.) one-story area; a proposed 4'x17.8' (70.8sq.ft.) front covered porch; a proposed 6.2'x21.0' (88sq.ft.)front covered patio; a proposed 6x29' (145sq.ft.) second story balcony; a,proposed basement window well and concrete entry stair; install a new I/A OWTS landward of dwelling; install an 810sq.ft. pervious driveway; install a proposed 15'6"x29' (450sq.ft.) pervious patio at grade against the seaward side of Board of Trustees 30 March '16, 2022 dwelling; install gutters to leaders to two (2) 8'x4' deep drywells to contain roof runoff; install one (1) 1,000 gallon propane tank buried at front of property; install new buried utility connections at front and side of property; proposed regrading at perimeter of proposed rear of dwelling consisting of approximately 8,855 cubic feet of earth to'be removed for construction excavation, the majority to remain at site for backfill and 2,300 cubic feet to be used.for proposed regrading. Located: 9450 Main Bayview Road, Southold. SCTM# 1000-87-5-22.% The LWRP found this to be.inconsistent. The inconsistencies are: Verify how the lot was created. Groundwater as high elevation 4.5 feet below grade and the basement should be reconsidered. Seasonal and storm surge flooding is expected. Setbacks to wetland should be maximized to the greatest extent practical, and establish maximized vegetated buffer landward of wetlands. ' The Conservation Advisory Council could not make a recommendation at this time as the property was not properly staked and labeled, however according to the site plan, proposed structures do not meet the setbacks in accordance with Chapter 275. The Trustees most recently conducted an inhouse review of the new plans on March 9th, 2022.We do have new plans and a new project description stamped received March 7th, 2022. We also have a letter in the file from an Ashley and Isaac Hidenberg (sic) stating: As neighbors to the above property, we have not been notified of any activity for development. There was a sign posted'a few months ago but it has been removed and we have yet to be notified by mail. Preservation of an environment should be highly considered when reviewing.this application,as we are strong advocates for conservation,of the wetlands in the north \ fork area, as well as with rising sea levels it should be of concern, and another consideration for this property and the surrounding properties do not adhere to over-develop the wetland area at this location. Thank you, for your attention to this matter. Is there anyone here wishing to speak regarding this application? MR. PORTILLO: Anthony Portillo, AMP Architecture. Good evening Board. So based on our last hearing we discussed that we had a different design. We went back to the drawing board and we tried to come in with a different approach for the new structure, basically pitting the structure out, reducing the setback from the flagged wetlands.We are currently now proposing 61.8 feet. That is our closest distance that we are proposing. The building is 16 feet wide and 59 feet long. On the second floor we reduced the mass of the building and requesting two second-floor roof decks.We are proposing. Honestly we need to go to Zoning. They've asked us to come.here first, but wehave to go to the Zoning for the front yard Board of Trustees 31 March 16,•2022 setback of 30 feet. So hopefully we'll get relief from that, which I felt pretty good about because they have some homes there that are pretty close to their property line, so. Just a couple of things,just reflecting back on the first l�( couple of comments, we did flag the lot, and we did flag the clearing it just-;sounded like there was no flagging done.We did the mail outs as well and we provided that to the Town. Notification was provided, so, I'm not sure about that. There was one other comment. The groundwater comment. I don't think that is accurate. Maybe there is a misconception on the groundwater. If you look at where the test hole is taken, the groundwater in that area is at 4.5, but that is lower on the topography. So where the house is located, it's much higher. We actually provided a section in our packet which shows where groundwater would be at the elevation we are proposing the building at. I'm available for any questions. TRUSTEE GOLDSMITH: Can you speak to the proximity to the freshwater wetlands? MR. PORTILLO: So again, we really did our best to minimize that. As you can see, the building is very skinny now. We are 30 feet from the front yard, so that is what is really, you know, and I don't, you know, the 30 foot I'm just using as basically looking at a non-conforming lot you are allowed to be 30 feet, so I kind of used that to place the front of the building. Because I think that is reasonable thing that this is somewhat of a non-conforming lot because of all the wetlands, which you can't really build on, but it's not looked at that way, so it is looked at as a conforming lot. So that's sort of how I determined let's stick to the 30-foot front yard setback. And conceivably we can't really go much smaller than 16 feet and get proper living.space and a staircase, things like that. As you can see from*the floor plan layout, it's pretty minimal. TRUSTEE GOLDSMITH: And you,have not been to the ZBA for that variance as of yet, correct? MR. PORTILLO:.No, we did go do ZBA it then they requested that we come here first. They wanted a ruling from the Trustees.We also have filed with the DEC. We've had minimal comments back, which we answered back. That was actually on our first design. I mentioned that last time. They didn't have much, you know, there was not really something that I thought'was going to get approved, but now we submitted this design, so we are waiting fore.any other comments now that the design has been changed. But like I said, comments from the DEC didn't.seem'like we were going to have a problem getting the first design approved, so I'm feeling pretty confident that DEC will be on board with what we are proposing. In my past experience, I mentioned this last.time, normally they look at us to be 50 feet from freshwater wetlands. From what I have seen and what I have been allowed. But again, that's just my experience,just throwing that out there. TRUSTEE GILLOOLY: Per our Town Code, Chapter 275, Section 3, it Board of Trustees 32 March 16, 2022 ,is 100 feet from the wetlands, and I think on a property like. this that has:never been built before, it's hard for us to grant reliefln a situation like that. MR. PORTILLO: I appreciate that. But I did a little research. And I just want to let the Board know,that in 2020 there is a building that I think is a similar situation, that was built, very recently, freshwater wetlands, 35 feet, allowed by the Board.And I think the lot is very similar; that's why I picked this one. I provided it to your office to show you, to put on record, you know, some,precedence here. And we are double that TRUSTEE GOLDSMITH:As you know, each property is inherently unique, and each one has its own set of challenges. This one with the slope and the grade going to an undisturbed freshwater wetland and habitat, I don't think any previous application is applicable. MR. PORTILLO: Understood. I don't want to.disagree with you, but went to the site myself, and there is a slope at the site. Same kind of situation, watering hole, essentially, which is what is here. And, in my opinion, and also in the opinion-of people that we hired to look at the site for us, and it's pretty much, in my opinion, the same type of situation. And I understand that all sites are different, but I would just like. to bring that to the Board's attention, that this is in Southold town. Southold, not just the township, it's actually in Southold. And in my opinion it's a very similar'situation. I'm not saying it's exact, but I would hope the Board would look at this, because my client is here as well, you know, is trying to build a small home for his family and would like to, you know, do that on his property, and I think seeing that this is a similar situation, I think maybe the Board can think about that. Again, I'm.just putting that out there. TRUSTEE GOLDSMITH: Looking.at the plans you.submitted March 7th, 2022, it shows 50-foot front yard setback with the entirety of the house within that proposed setback; is that correct? MR.PORTILLO: The most recent, 30 feet is the front yard setback. TRUSTEE GOLDSMITH: Because we have 50 feet. MR. PORTILLO: That's a 3. I'm sorry. TRUSTEE GOLDSMITH: Okay, this isn't 50 foot? MR. PORTILLO: That's.a 3. I'm sorry. 'TRUSTEE GOLDSMITH: Is there anyone else here who wishes to speak regarding this application? MS. KIRSCH: Hi. My name is Mary Kirsch and C own the property adjacent. And we have been here before, and I think..as far as the criteria goes, 100-foot setback,, um, his client can't do. The Zoning Board is short 20 feet. It's really sensitive. I feel like I'm repeating this, with the peepers and the salamanders and all that. And, um, something else that I didn't mention in the past is that 25 years ago, when I went and started my journey, I started at the end of Main Bayview and worked up the different lots. And when I reached this particular, Mr. Marra's 1 Board of Trustees 33 March 16, 2022 lot, it was a little less. And l went to the Trustees back then, I did my homework, and the Trustees back then said to me, Mary, you can build there a tree house. Find another piece of property. So that's what I did. I understood, it didn't fit with the--there is hardly any footage in that piece,of property that.you can put a real kind of house. So I.built next,door. I just, it just an un-buildable lot, and you have to do your homework when you buy a property. And if Mr. Marra didn't do his homework, that's unfortunate. MS. HULSE: Can you be more specific, ma'am, you just sort of glossed over what you said you repeated before. This is a new hearing. Can you just refer to exactly what your feeling that the environmental impact that was, as you stated, negative, could you be more specific about that? MS. KIRSCH: Sure. First of all, it's pretty much in the middle of the fresh water buffer zone. It can't comply with that setback. It can't comply with the Zoning Board because you need a 50-foot front setback, and it only has 30.There is a really sensitive pond there. He calls it a waterhole, but it's alive and well, and the peepers showed up last night. It's kind of ironic, the frogs, and it's really a sensitive piece of property. And even the water table. He's proposing that it has not changed. It's changed. The whole creek, Corey Creek, has changed. So it's just, in my opinion, it's an un-buildable piece of property. It was like that 25 years ago and it has not changed, and in fact it's probably even more difficult now. TRUSTEE GOLDSMITH: Thank you, ma'am. MS. KIRSCH: Thank you. TRUSTEE GOLDSMITH: Is there anyone else here wishing to speak regarding this application? MR. PORTILLO: A couple of things I forgot to mention. We also raised the foundation up in our proposal here to reduce, the amount of disturbance, obviously, since we don't have to remove as much fill or soil. And we are proposing to put a silt fence, obviously, during construction, to protect, we really plan on ,not disturbing the land that much. You can see where our clearance line is. I also, and I'm not saying that there is not groundwater there, I'm just stating the fact where we are placing the house, the'groundwater is not 4.3 feet. I'm letting you guys know. From my section it's a lot more than that. Because it is a higher part of the lot, then it slopes down. The Board also, in the past, has'asked for a non-turf buffer. We aremore than willing to do a 50-foot non-turf buffer. We have the space to do that and we are, the building is far enough back, if it's something the Board wants to suggest, I don't see an issue with that. I think also Mr. Marra here, I think you should talk to the Board. MR. MARRA: Good evening, we are just trying to build a little family house for us. Its very hard to, obviously, as everyone Board of Trustees 34 March 16, 2022 I'm sure knows:, to buy property out here now. And it's more expensive and we are trying to do.something on the this lot. It's a huge lot. We are just trying to build a small house on the front. We don't want to disturb anything, we want to., you know, keep everything the way it is.That's why we are trying to / keep.everything as far away as we can from the buffer. [understand people looked at the house 25 years ago. It was a lot more buildable. 1 don't have that choice. It's probably a quarter the price. So we really appreciate your consideration. TRUSTEE GOLDSMITH: Thank,you, sir. Is there anyone else here that wishes to speak regarding this application? MR. PORTILLO: 'I just want to state as well, as we.stated before, just want to rebuttal the last statement. We agree there is a front yard setback issue and, as I said, the Zoning Board, which we visited seemed somewhat pliable to that request of 30 feet. It was more just to come.here first: Normally that is not the situation, normally we are able to get the variance and then come to the Board to request the Trustees. TRUSTEE GOLDSMITH: Thank,you. Yes, sir? MR. PASSANANT: Good evening, my name is-Tom Passanant..And guess like 1 said last time, this is my second time before.any hearing. I would not be here opposing anything,if it fit within the boundaries that are what the town has set up in the'first place. I had received a mailing of the revised property of the house,.and I saw,the 16 feet. And I'm really, I don't want to be too simple. I guess I am. But what looks very, obvious to me is the 50 foot line that is coming up 30 feet, that is 20 feet extended over, and then it's a 100-foot line that 1,think is proposed 61.2 in that area. So it's like a total of 60 feet or more for a 16-foot house. And the way 1 look at it, it likes overlaps.like this, that there is literally no room. Under these guidances, I would never want to deny someone to build a home in a space that is designed, you know, my father did it-alone 50 years ago, came to the north fork. The pond to me is an issue. It is a viable pond. There is a lot of life there.When I see homes that are being built, when I drive around on my job, pretty much-a lot of the land is, if not completely clear cut, a lot of the trees are taken down. And would, I know,they said they would protect-it with barriers that they have, but it seems like it would be a great disturbance to that pond. And the peepers-were out last night. It was ,interesting. And it's a nice sound. It's a nice sound of spring. Again, I would not object to anyone, if they built a home within what,is doable or defined by the town. And that's all I would ask your consideration with that, is the overlay, seems like there is no room to build anything, unfortunately. But that's.how that land is. So, thank you. TRUSTEE GOLDSMITH: Thank you,, sir. Is there anyone else here wishing;to speak regarding this application? MR. PORTILLO: Just again, maybe a little bit of misconstrued. Board of Trustees 35 March 16, 2022 But that's why we are here, because we are within your jurisdiction. So we are asking the Board for the relief on this, and that's the reason we have to go to the Zoning Board, we are asking for relief there as well. It's pretty common to co get relief from the Board. And it's pretty common to get relief -,I from the Zoning Board. So I think that is what is at stake here is what you believe is a good project and that we are, as Mr. Marra stated, he's not looking to do anything destructive. Our clearing line has been majorly reduced.The house footprint has been reduced. We've gone back to the drawing board and really rethought this, and repositioned the house in a way that is minimal disturbance, as much has minimal as possible, as I stated. The foundation is not going, before having showed it, it was going seven foot into the ground. That is no longer the case. So less disturbance. So I think that we took at heart the things you guys had to say to me last time and really thought about it and, you know, that's what we brought forward to the Board. So,just to be clear, that is why we are here. So for you guys to make a judgment call on what we are proposing. The DEC has 300 feet, so I have to go to DEC and they have to make a ruling on what I'm proposing. So. TRUSTEE GOLDSMITH: Just to be clear, you don't have any DEC permits as of yet? MR. PORTILLO: No, we actually had to resend this in, so it will be renewed again.We had comments back on the original, it seemed something that was going to be a-problem. But we'll have to wait to get comments back on this or approval on this. But this was resubmitted about a week and a half ago, two weeks ago. TRUSTEE GOLDSMITH: Thank you.Any questions or comments from the Board? TRUSTEE SEPENOSKI:The application before us, we've given it, I as one Trustee in particular, I can't speak for the Board, but I have given it quite a bit of thought and I always return to the code in these situations, and it's interesting, 275-3, for those of you out there that have not read it yet, it says that the Town Board of the Town of Southold finds that rapid growth, the spread of development and increasing demands upon natural resources are encroaching upon or eliminating many of its wetlands and patent lands which are preserved and maintained in the undisturbed natural condition constitute important physical, social, esthetic, recreational and economic assets to existing and future residents of the Town of Southold. As.someone who ran for office with the intent of preserving the natural character of the community, I find it difficult to support an application with such proximity to the freshwater wetlands. But I am one Trustee and can't speak for the other members of the Board. TRUSTEE GOLDSMITH: Thank you. Any other questions or comments? (Negative response). Hearing no further comments, I make a motion to close this hearing. Board of Trustees 36 March 16, 2022 TRUSTEE.KRUPSKI: Second. TRUSTEE GOLDSMITH:All in favor? (ALL AYES). With the inconsistency from the LWRP with proximity to sensitive wetlands that are undisturbed currently, and wildlife, this .particular application violates Chapter 275-12(a) because it lJ` adversely affects the wetlands of the Town, and 275-12(d) adversely affects fish, shellfish or other beneficial marine organisms;aquatic wildlife and vegetation or the natural habitat thereof, in accordance with all of that, I make a motion- to otionto deny this applicationas submitted due to those reasons. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES). J TRUSTEE GILLOOLY: Number 7, AMP Architecture on behalf of PHILIP & LIA CHASEN requests a Wetland Permit to construct a 14'11"x2 '4" (350sq.ft.) pool house; proposed reconstructed 10.2'x28.1''deck on seaward side of dwelling; and to install and perpetua y maintain a 7'wide (1,375sq.ft.) non-t rf buffer along the ndward edge of the top of the ba Located: 1 85 Long Creek Drive, Southol . SCTM# 1000-55-7-3• The Con ervation Advisory Council solved to support this application. a Conservation Advis Council supports the application wi a 15-foot non-turf uffer planted with native vegetation, an removable retr able stairs at-the base of the bluff stairs. And the LW R does fin his to be consistent with the following notes: tarn th vegetation landward of the wetland boundary,as a bu r to rther Policy 6. Pursuant to Chapter 268, the Board of u ees shall consider this recommendation. And we have. I am in receipt o ew plans stamped received February 18th, 2022, depic d . 15400t non-turf buffer. Is there any a he wishing to-speak regarding this, application? MR. PORTI O: Antho y Portillo, AMP Architecture. We have provided t 15-foot no -turf buffer as requested. If you have any ques 'ons, I'm happ- to answer them. TRUST E GILLOOLY: Is there anybody else here wishing to speak regar ' g this application. (Neg tive response). Any uestions or comment from the Board? (N ative response). TRUSTEE GILLOOLY`. I ma a motion to close this hearing. TRUSTEE KRUPSKI: Secon TRUSTEE GOLDSMITH:All i favor?. (ALL AYES). TRUSTEE GILLOOLY: I make a otion to approve this application with the'riew plans stamped date February 18, 2022. TRUSTEE PEEPLES: Second. Town Hall Annex Glenn Goldsmith,President �Q�SQUFy 54375 Route 25 A.Nicholas Kru ski,Vice President �� P '` � P.O.Sox 1179 Eric Sepenoski JiR Southold,New York 11971 Liz Gillooly G Telephone(631)765-1892 Elizabeth Peeples Fax(631) 765-6641 00 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 18, 2022 Anthony Portillo AMP Architecture LLC 10200 Main Road, Unit 3A Mattituck, NY 11952 RE: 9450 MAIN BAYVIEW, LLC 9450 MAIN BAYVIEW ROAD, SOUTHOLD SCTM#: 1000-87-5-22 Dear Mr. Portillo: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, July 13, 2022 regarding the above matter: WHEREAS, AMP Architecture on behalf of 9450 MAIN BAYVIEW, LLC applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold;,application dated May 3, 2022, and, WHEREAS, said application was referred to the Southold-Town Conservation Advisory Council who was unable to make a recommendation as property was not staked at the time of their inspection; and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issueda recommendation that the proposed application be found Inconsistent with'the Local Waterfront Revitalization Program policy standards 6.2 A. and 6.3 D. E; and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on July 13, 2022, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, .the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the.Board has determined that the structure(s), as applied for does not comply with the standards set forth in Southold Town Code Chapter 275-12 A. Adversely affect the wetlands of the Town;and Chapter 275-12D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation or the natural habitat thereof, and WHEREAS, the Board has determined that the request, as applied for, will have a detrimental effect upon the health, safety and general welfare of the people of the town, and, BE IT FURTHER RESOLVED that the Board of Trustees DENIES WITHOUT PREJUDICE the application of 9450 MAIN BAYVIEW, LLC to construct a proposed 16'x59' (945sq.ft.) two-story dwelling on a proposed 10"x10" concrete piers upon helical piles (24 total)foundation with Azek Break-Away walls; a proposed a 6'x22.3' (135sq.ft.)wood cantilevered deck; and a proposed Vx14.7' (45sq.ft.) cantilevered front entry deck; install a new I/A OWTS sanitary system buried at front/side of property; install a 560sq.ft. gravel driveway; install (1)6'x4' deep drywell and (1) 6'x5' deep drywell located at front and side of property; install (1) 1,000 gallon propane tank at front of property; and install buried utility connections at front of property; and as depicted on the site plan prepared by AMP Architecture, LLC received on May 3, 2022. This is not a determination from any other agency. Very truly yours, Glenn Goldsmith, President Board of Trustees GG/dd � � TAX MAP• 1000-HT-05-77 %LOT E C u= OESCRWYON(FOOTPRINT) AREA / E 9g ea qua ZON11d5 OI5TRILT AL NON- INC, =199,4CON�ORMIN TOTAL LOT ARTA y1=199,4 5F. LOf AREA 1.3 AORES M FF1LK� PROPosm RE51OeNce 1,1350 sr. 3,1% ' �\ ©'•1>.L TOTAL AREA OF ALL ST W-ITURES 1135,0 SF, 2.1% �\ /FAV R nolva HAXPN,LOT COVERAGE ALLO -30% `REWIRED PROPOSED N•COMPLIES , w \ �c.�♦uw / � FROM YARD 50.0' 900' NO ip g SIDE TARO 30.0' 30 P' TES C B EPTN SIDE YARDS ,00' OIs• TEs 7_ REAR YARD W.O. FDA' TES >• ,' MAY -3 Z02? _ �t � SaAroCTanD \ � • ♦ •� � � � TESr 1bLe DATA BY • ,,.•• \ Ngo'1b. / d'�9 . •� \ � � aMilo 0. DARK BItLiN 9ILTT •- ,. • • \ ,y psMlr.a.qo 1P � LOAN / 9•C / .4 CRO!♦DRT \ i W ............ ...... ... \ �2 �z ra�res� L TNIs Is N ARCHITECTS SITE PLAN.15 g 9UB.lECT TO vERIF TION DT A LICENNSFVD / {EDq S.RVEYOR. TI,EIWORMATION ,�::::::•::::.:::::...:y 1 Rt £liTFD ON THIS SITE PLAN 15 TO TNM I y AIRCNITECT 5 BEST OF KNOwEOGS. / r SURVEY INFORMATION A 5URVE'f DATEV D Fv FROM NOVE•fJVD-IBER ID, _ 2031 A1Jo PREPARED DT .+ � ' 5CALICE LAND SURVPYINS * • v' �` Q PROPOSED PARTIAL SITE PLAN ,�6=a (p k $ (n 9GALC,I•.10•-0• 9�� 3740y �p4 a +�z�Ayq�nhn 13 3 "pe as NORTH ELEVATION(FRONT) 62 j.VC.Ib• 1 � , g Y-- y1_E l� MAY -9 20;; ��J\� GANTILP/6tED PROP05ED 10'GONG. i H70D D6GIL FSGUWdTon DRr WA AY KALL, SwWc1TAvftm w 0 r ---------------� PIERS WILT UPON Z G m GONG.&R-ADE BEAN W z I I .. � FxIsms EARTH w LL z o0 mm a IBII I I I I I II I m I IFI I I 01 I I I I I II I ED }7J�t •1"' •PPOP•HELIGAL•FILES a Q < l C424* PIERS,FINAL HEI&W TBD. 9 $ EAST ELEVATION(LEFT SIDE) .',-0 N9� 3 3§ as lilt Bg. ® al i:19 91 - 1 QI 19 11 aall SOUTH ELEVATION(REAR) — .!.•s.I!B••Ib' G - y _ 9 - - MAY 3 2022 { 1 SuaGho06T?m1 oa W -+ U ¢ a LU '- z Z O f Z O5o N - _ Es r��ftED At?C o ��\STNV-F1jw������C � WEST ELEVATION(RICHT 51DE) •dHi'.VO'•1�0' _ � Q FOF NE`S`S Board of Trustees 19 July 13,2022 of it is being closed in, but unheated. It would be finished mlikeore o witf a h room. It's something like that on the finish. walls Possibly p-board or But i will still remain�aadeckaunderneathybe some ort of ceiling an open structu e, We did So the idea is to build on to oft will be file with New York State De that. Conservation, an partmen of Environmental to Zoning We have approval there. TRUSTEE g and we 'd receive we did have to go KRUPSKI: 0 aou. val fro Zoning as well. MR• PORTILLO: Y� thank you• have one t 'ng, just to let did ask that th e. Board know, - wrote a letter rafters sta open, but we wentZbackningandd and they are reviewgn it to K' to the a would amend g that to dministrative office, that owing t asically -- they might hopefully heat, we are not be use we are not and insects and stuff 1i it' It's Putting in any that. just closed from the wind TRUSTEE KRUPSKI: Thank That's the gutters to °u• I would also purpose of it. MR, leaders to rywe s on the Just recommend doing PORTILLO: Nota roblem. , Property, TRUSTEE KRUPSKI: We'll take care of that. Speak to this a ank you. I there an Board? P ication, or n anyone else here wishing to y additional comments from the (Negative re onse) . Hearing no , I make TRUSTEE P PLEB: Second. lose to lose the hearing. TRUSTEE,GOLDSMITH: All (ALL in favor? ES) • TRU ,;PEE KRUPSKI: wi the sti I make a motion to stipulation of stainless stePlprove this application st�rm damage, thereby bringin this to coordinator, g it into consistency withvent the LWRP TRUSTEE GOLDSMITH: Second. All in favor? (ALL AYES) . TRUSTEE SEPENOSKI: SIN �� Number g� AMP Architecture on behalf of 9450 LLC requests a Wetland Permit to construct a Proposed 16'x59' (945s 10"x10" concrete piers ft, ) to dwelling on a with Raek Break-Awa upon helical piles (24 total) foundation wood cantilevered y walls; a proposed a 6'x22.3' cantilevered deck; and a proposed 3'x14.7' (135sq,ft,) front entry deck; install a (95sq,ft,) system buried at front/side of new I Gravel P Y; install aWTS sanitary driveway; install ,PrO ert 560s deep drywell located at front and 'side of q•ft, 1,000 deep drywell and (1) 6'x5' gallon propane tank at front of property; install (1) buried utility connections at front Of Property. and install Located: 9450 Main Bayview Road Property, The LWRP found this ' Southold. SCTM# 1000-87-5_22 The inconsistencyproposed project to be inconsistent, follows: New York State fromDEC a number of concerns w family home configuration. Permit does not hick are as incorrect. guration. Note the lot coverare nt single Lot coverage is calculated for g calculation is subtracting all wetland areas from total buildable land only, straight line showing the northwest delineation linearcel Ofthe e Board of Trustees 20 My 13,2022 freshwater wetland is odd and requires verification from 1962 aerial photo below, included in this finding, shows a more circular wetland. Further, the wetland seems larger than depicted in the file. These sets of freshwater wetland expand and contract seasonally, due to the hydro-period indicative of this area. Test hole data shows water encountered at four-and-a-half feet below grade. The hole was dug in 2005 and data is 17-years old. Updated data should be required. Corey Creek is a New York state Significant Coastal Fish and Wildlife Habitat. The surrounding upland area is an important habitat that provides value to wildlife species. Finally, a non_disturbance buffer is not proposed in freshwater wetlands. Wetlands and benefits are dependent upon the condition of adjacent lands which Provide wetlands and surrounding uses. These buffers arefnecessaryeen to ensure the long-term viability of the Town's wetlands. That concludes the findings of the LWRP. The Conservation Advisory Council of the Town of Southold resolved not to support the application. And the Conservation Advisory Council does not support the application because the project is not in compliance with Chapter 275 wetlands, and inconsistent with the LWRP. The Trustees most recently visited the site at field inspection July 6th, 2022, and the notes from that visit were reviewed during work session. The Trustees did review the application during work session, looking at plans stamped May 3rd, 2022, and considered the survey that was given to our office on June 28th, 2022. We also received a letter from Ashley and Isaac Ichenberg, residents on Main Bayview Road. And I'll try to summarize their comments briefly. The erty was not roperly consideredrhighly valuable pbecause oftthedwetlandseresourcea should be s. And the third consideration, which is more expansive, states that rising sea levels predicted in our area which threatens flooding on this property and adjacent properties. Without further ado, I would invite comments from the public. MR. PORTILLO: So this proposal was obviously, a few months ago. you guys saw this One of the biggest changes we came up with that we thought should be considered was that we were considering removing the basement, not digging up, you know, not digging the land, and putting in a helical pile system with piers. So we really thought this would reduce the disturbance of the land. The other thing, after the denial last time, was we did receive approval from DEC on our original application, which was the original application we had with Trustees that we then revised the design based on comments received by the Board. Regarding the mark out of the fresh water was done in 2021. We will get a new test hole, which will be required moving forward with the septic system. We'll have to obviously do that for the Health Department. So, you know, I think the large change here of not digging Board of Trustees 21 July 13,2022 a basement, which I think was one of the larger comments from what I heard last time, from the LWRP, we took out the basement and we considered looking at this as a And it rea11 �• post beam construction. y doe„ reduce the disturbance to the land. So a helical pile, just to describe it, is basically a corkscrew that gets drilled in. We would be putting in a grade beam so we would not be taking any berth away. It would be at grade. And we would be building columns from there and then the structure on top of it. So our proposal changed in that sense and, like I said, that now at this time we have the DEC approval of the last design. Obviously we have to go back to DEC to submit our revised drawing based on what the design changes are. But I thought that, you know, coming back to the Board to ✓ 1 discuss this, um, because of, you have these couple of, these large revisions, the DEC, but also this evolution of what happened with I thought it was .something the Board would consider thinking about a little further. Unfortunately the owner of the Property was it today due to some family matters. Hepdid ywant toaspeakotoake you guys again, but he's looking to put something small on the Property for his family, as he expressed last time. And we are looking for the Board to consider something and, you know, we are willing to discuss it further. We are willing to work with the Board, if it's going to a workshop with you guys, but we think that there should be something we can do here. TRUSTEE PEEPLES; Thank you. So how does this new application address our pre wetlands?. vious concerns about the proximity to the MR. PORTILLO: Well, like I said, based on our last application, were showing larger exca reamount, where we were going to remove, basically digging into the ground .and taking dirt out and creating a basement. So by doing this, you know, helical Pile structure, it's a lot less disruption. drilling into the ground and building up from It's basicallythere. So we are not, I mean, we obviously need to clear, we are willing to clear a small portion where the house is going to be, and we'll leave the rest, you know, the way it is, touch it. we just need enough room to be able to do we won't the drilling Portion. The truck can be at street and then it can drill from there. So we don't have to do a large clearing. I think it's a good solution to the discussion from last time. TRUSTEE SEPENOSKI: Are there any comments? TRUSTEE GILLOOLY: The primary concern I had last time was the distance to the wetlands. You are seeking, nearly 40% relief from our code.,, with a distance bf 62 feet from the wetlands, where we require 10.0 feet. You have not moved it at all, and that was the Primary concern I had last' time. So can you address that at all. MR. PORTILLO: So if that's a concern then maybe there is something we can consider in the design to get further away from the wetland. I mean, we obviously have a zoning issue here. We do need go to the Zoning Board and request a front yard variance. Doing research in this area, there are homes that are, you , Board of Trustees l.� 22 /0 July 13,2022 know, 15, 20 feet off of-the street. So, you know, maybe we can adjust that and try to get' a little closer to the street. The thing is Zoning, i.eally, they heard us first, they wanted us to come here. So I mean, adjusting that distance, it's something, and it's a difficult situation, right, because it's one Board then another Board. I'm not sure where Zoning is going to be on this. I'm not sure if they. are going to approve us to be 30 fate. 30 feet to me makes 'sense, because if you look at a property that, if you look at an R40 property, front yard setback is 30 feet, if you are a certain lot coverage, which, I'm sorry, a certain lot size. So in my mind we are at a certain lot size here because most of it, there is wetland there. So that was going to be the way that I was going to go and present that to Zoning. that we really should be considered with this, and being 30 feet off the front property line makes sense. Again, there- is some homes that are on this street that are 20 feet off the property line. You know, so I would use that as part of my argument with Zoning. Again, Zoning asked us to come here first, so, we are back here for that reason. And I'm trying to create a structure that I think, like I said, we don't need as much clearing to do this type of application. We really just need enough room to get in the there and to drill in the helical piles and then we can do our work from there. TRUSTEE GILLOOLY: The plans we are in receipt of, those were prepared for this Board; is that correct? MR. PORTILLO: That's correct, yes. TRUSTEE GILLOOLY: So is there a reason why on there it says the rear yard setback required: is 75 feet from the wetlands when our code .states 100 feet? MR. PORTILLO: Just one thing to state to the Board, our original application to the DEC, I know you guys don't make decisions based on what DEC makes decisions but, you know, our original application TRUSTEE GILLOOLY: We are actually a totally different Board from the DEC and DEC does not regulate wetlands smaller than 11.4 acres. They leave that to local jurisdictions like us to deal with, so that's why you are here. MR. PORTILLO: Okay, no problem. TRUSTEE GOLDSMITH: Obviously we can't speak for another Board as far as the setbacks from the road and everything. From this Board's perspective we arellooking to protect the environment the best way we can. So obviously we want as much distance from whatever structure you arelproposing in that wetlands. I know it's a tough position to go back and forth between two Boards, but obviously we would like it as close to the road and as far away from wetlands as possible, which may not be necessarily what the ZBA is looking for. So that is something we would like to see. We do appreciate you are trying to work with the ground disturbance. So, you know; I think between the lack of ground disturbance and potentially moving it closer to the road, we Might be heading in the right direction here. I don't think we are there yet. Board of Trustees 23 July 13, 2022 I don't think this particular application adequately addresses our previous concerns, but I think we are moving in the right direction. Whether we get there or not, I don't know. But I don't know if this one is quite there. MR. PORTILLO: I mean, could I propose that I go back to the Zoning Board, I guess and 'start, maybe, that conversation over with them, and see if I can work out what they would accept as a front yard variance. I mean, that would help me adjust our building line. I mean, our building positioning. d v TRUSTEE GOLDSMITH: Unfortunately, one has nothing to do with the d v other. So what you propose to us may not be what the ZBA ultimately allows. So, you know, to find a distance that potentially works for us and then, you know, after that, take it to the ZBA. MR. PORTILLO: I understand. TRUSTEE KRUPSKI: It's up to you if you would like to do that, obviously. MR. PORTILLO: Um, well, seeing that they actually asked me to come here, I probably would be bounced back. So I would imagine, so it might not make much sense. So I guess I would, let me do a little more recognizance on the area and see what I believe ZBA might allow me to push the home up to the road, and then I guess. I'll take a little bit of a gamble there and see if I can get it to a point where you guys are satisfied with the distance from the fresh water. TRUSTEE GILLOOLY: I was also surprised not to see any non-disturbance buffer on the plans you submitted to us. Based on our comments last time. I would think that would be a very extensive non-disturbance buffer, and we really shouldn't be doing this at a public hearing. We should be getting complete applications that are really ready for us to consider. This is no way near that for me. MR. PORTILLO: Understood. TRUSTEE KRUPSKI: Just to piggyback off that. With a property of this environmental significance and fragility, I would recommend, you know, something, you know, complete non-disturbance surrounding any structure. MR. PORTILLO: Fair. Okay, if I can have some time, I would like to come back. TRUSTEE SEPENOSKI: Is there anyone else in the audience this evening to speak to this application? MS. KIRSCH: Hi, my name is Mary Kirsch and I have property adjacent to the 9450 building proposal. And a legal friend advised, suggested that I bxpress this. So I ask the public hearing of record and the Trustees files for the prior application previously heard by this Board on February 16th, 2022, and March 16th, 2022, made by AMP Architecture on behalf of 9450 Main Bayview LLC, and your decision in this matter be incorporated into the record for this application. MS. HULSE: You are not permitted to do that. It's a different application. MS. KIRSCH: All right, all right. So, to continue on, I own the property adjacent, and first thing I should probably mention is Board of Trustees 24 �P4 July 13,2022 that it was posted incorrectly. It was not on that property. And the only reason I discovered it is because I take my daily walks. Aside from that, my first and most important concern with this building package is, again, environmental. It's in the middle of the buffer zone. 58 feet, they want to, 58 distance ,from the pond and to create their building, which is kind of absurd because it's a really sensitive piece of property. They don't comply at all with the 100-foot fresh water setback, which is the Southold code, which you guys enforce. The other thing is, I know some, that pond, I've lived there for 25 years. And it's a big pond. It's 75 feet by about 35 feet wide. And it's a vernal pond and it's alive and well. You can come to my deck, mid-April, the peepers start singing and then I got the bullfrogs and then I have the salamanders and then I have the turtles that lay eggs in my compost. So it's, um, it's, it would be really a hardship that all would disappear, because as soon as the trucks come in and the, everything disappears. You'll no longer have that whole environment. Besides, also, the snakes, the possums, the deer, the hawks, the owls. Right now that area is pretty much a nature preserve at this point in time. Um, the other thing that was disturbing was, a front yard of 30 feet is also ridiculous. It doesn't meet the code from the Zoning Board. So another issue that was about, you heard, you discussed it earlier, about the test hole of 2005. And I tell you, that pond goes up and down all year. It's different. And around the perimeter of that pond, gets really saturated and really wet, depending, I don't know if it's the moon or the stars or the springs, but it should be noted that as far as leaching and all that kind of thing, that's going to be another problem. So the Trustees have rejected this proposal as well as the Local Waterfront Revitalization Program and the Conservation Advisory Counsel, all stating that it does not comply with Southold code and that it is environmentally unsound. So if you can't meet the correct criteria for all these different agencies I just mentioned, I believe this proposal should be denied. 25 years ago, I took a look at that property and the Trustees said to me then, Mary, find something else. It's impossible, that piece. ItI's really difficult, and I just hope that you consider this as a very sensitive piece of property. Thank you. For your time. TRUSTEE GOLDSMITH: Thank you. MR. PASSANANT: Good evening, everyone, my name is Tom Passanant, and I too live next door. For the last seven years I've been there. I attended the March 16th hearing, and when I left that night, I just had a sense that a little piece of Southold Town was saved. And I didn't celebrate, I didn't gloat. It just sounded like a piece was protected. And the strength of the decision was what Mr. Sepenoski and Ms. Gillooly had mentioned about the hundred-foot distance from the pond, freshwater pond. And I remember that. And I went there this Board of Trustees 25 July 13,2022 morning and I paced out with my own pace, about six feet of Pace. I measured 100 feet from the freshwater pond, and I measured 50 feet in from the roadway. And the distance, the two lines didn't meet, but there was approximately 16 feet in that space. So if the integrity of those dimensions were to be maintained, it would not allow for any type of structure. I also saw on the map that was submitted, 50 feet that they include, had a line drawn across the street from Bayview. It was not from the line of the property line itself. So that reduced it to 30 feet. I too, I saw copies of what Mr. Sepenoski and Ms. Gillooly had quoted, and Mary, too, and I just highlighted the LWRP's July 6th proposal as recommended as inconsistent with the LWRP policies. And I also saw the Conservation Advisory Council resolution, same date, July 6th, resolved to not support the application of 9450 -Main Bayview LLC to construct a single-family dwelling. And all six members had voted aye to support that. And their conclusion said because the project is not in compliance with Chapter 275 Wetlands and LWRP. It seems such a strong position, I guess, against the proposal. And also, the final thing is, it is a sensitive spot. You know, when I went there today, it was bone dry, but what Mary was trying to say, in the seasons, the rain, it fills up, it fills up. In springtime hundreds if not thousands of those tree frogs, turtles and two other different frogs. I have seen eggs laid in my compost heap. I walked over to Wolf Preserve up the street on Bayview. They used to have pictures of all the animals that were there, and it's pretty comparable to what this project is. Oh, I forgot, after I left in March 16th, I wanted to thank the Board for their decision. I went over to the Town Hall and nobody was there but Ms. Cantrell, and I said can you tell them thank you. You know, never having an experience with this before, I thought that was the end. And you said, they can appeal. So that's clearly what has happened, and it sounds like it's possible to happen again. So I hope the same requirements would still be in effect. And the last thing I'll say is it is a sensitive piece of property. Over time nature has made that look like a preserve, like Mary said. I can stand there and see it. Nature kind of reclaimed it. And I think it is a piece of property that is worth preserving and is worth protecting and is worth saving. Thank you. TRUSTEE GOLDSMITH: Thank you. MS. HULSE: For clarification, on the record. This is not actually an appeal from the previous denial. This is actually a new application. I know it' seems like that because it's a similar application, but it is a new application, which is why we couldn't incorporate the old testimony into this new one. So it's good that you showed up to provide the testimony tonight. TRUSTEE SEPENOSKI: We welcome public participation, so I encourage else -to come forward and speak regarding this application. MR. SCALICE: Charles Scalice, I'm an adjacent property as well. I appreciate what you guys' do, and I appreciate owners' rights as Board of Trustees 26 July 13,2022 well. But going back a couple of years, this property had fallen I VA into foreclosure, bankruptcy, and I was at the courthouse steps when it was being sold. And the judge told the buyer several times, you know this property is probably unbuildable'because of the environmental issues of the property. And the buyer kept on saying we acknowledge, we acknowledge. Okay, then went to the buyer. The buyer then did some tests and realized it was maybe an uphill struggle or just unbuildable. It then went on the market as listing that says we make no representation. Might not be buildable. This gentleman bought the property and is now here for the second or third time, I don't really know, asking for forgiveness, if you will, okay, and can we build on it, when it was ,well instructed that it was most likely unbuildable because of the environment sensitivity. Wasting your time, my time, everyone's time. Just because they are trying to shove a square peg in a round hole. And I appreciate, if it's buildable, he should build. But it doesn't seem that way. That's all have I to say. TRUSTEE GOLDSMITH: Thank you. TRUSTEE SEPENOSKI: Just for the edification, if you will, of the audience, the determination of whether or not a lot is buildable lies with the Building Department. However our code gives us powers to make decisions regarding properties where environmental impact is present and significant. Thank you. MR. PORTILLO: And I appreciate that. I was going to say . something similar to that. We are not here to make a square peg into a round hole. We are here to work with the Boards and we a-re here, I'm here doing my job so, to help my client. I don't think, just for the record, I don't think he was thought that the land would have as many issues, otherwise I don't think he would have purchased it. So it's hard to say what he knew and what this person knew. I just don't think that's a viable thing. MS. HULSE: It's not really relevant to this Board's consideration anyway. MR. PORTILLO: I agree. Anyway, my point is we would want to work with the Board, that'-s what we here for. I would ask for an adjournment. I'll be taking the comments from the Board, I'll bring it back to my clients and see if we can put together something that makes sense, for everybody, hopefully makes sense for the Board and I guess we'll see where it goes from there. You know, that would be my request. TRUSTEE SEPENOSKI: Mr. Portillo, the opportunities this Board presents to applicants are extensive, in fact. We have a pre-submission process whereby we invite applicants to meet us Trustees, all five of us in the field, to get a sense of what the applicant's needs are„ what they would like to do, and where we come from, in terms of an environmental impact. We then review plans extensively. As people have pointed out in the audience, we've review plans your plans extensively, multiple times. We've visited the location multiple times. And we've also had two public hearings regarding this application. My point is there is ample opportunity to understand the Trustees' concerns before we get to public hearings and, as Mr. Board of Trustees l 27 �j July 13,2022 Scalise has said, wasted 1 his ard's time and the audience members' time as well. So respectively, I d y y, ur request to adjourn or table this application, and I m ' • e a motion to close this hearing. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: Roll call vote on the motion to close, start with Trustee Peeples. Aye or nay if you want to close it. TRUSTEE PEEPLES: Aye. TRUSTEE GOLDSMITH: Trustee Gillooly? TRUSTEE GILLOOLY: Aye. TRUSTEE GOLDSMITH: Trustee Sepenoski? TRUSTEE SEPENOSKI: Aye. TRUSTEE GOLDSMITH: .Trustee Krupski? TRUSTEE KRUPSKI: Aye TRUSTEE GOLDSMITH: Trustees Goldsmith. Aye. TRUSTEE SEPENOSKI: I make a motion to deny this application. TRUSTEE GILLOOLY: Second. TRUSTEE SEPENOSKI: Based on Chapter 275, inconsistency with the LWRP proximity to wetlands that are undisturbed currently and' wildlife, this particular application violates 275-12(a) because it adversely affects the wbtlands of Southold Town, and 275-12 (b) , adversely affects fish, shellfish and other beneficial marine organisms, aquatic wildlife and vegetation within the natural habitat. thereof. In accordance with all that, I make an application to deny this application as submitted due to those reasons, TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GILLOOLY: Number 9, Jeffrey Pata/review, hal of ANTHONY 6 BEATRICE FALCONE requests a Wetland Pens all a proposed 41x6' antilevered platform offad; a 30" wide by 14' long aluminum ramp; and a 61x20' dock supported with two (2) 10" ' ameter CCA piles and arallel to the bulkhead. Located: 405 Willia berg Road, Southold1000-78-5-17 The Trustees mos recently did an i. iew, reviewing the plan received June 4th, and the w project description as written here. I'll read 't into the ecord now. The proposed project include installation of two 41101'x1213" long personal terc aft floats, total of 118.3 square feet, fastened to ex i t' g bulkhead, in an end to end pattern so as not to obstruc, navigation in existing channel. The LWRP reviewed this ap ication, found it to be consistent, recommended m' Iimiz g CCA-treated materials in the New York DOS significan coastal ish and wildlife habitat area. And the Conservation Advisory Council reviewed this application and res o ed to support it. I do have a le ter from our office dated June 21st, askinq the following: T two questions.: A e the jet ski floats just being tied to th bulkhead, no ramp to go down to them. That was the main co cern. Is there anyone here wishing to spe •k regarding this BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson SOF SO(���, 53095 Main Road •P.O. Box 1179 Patricia Acampora ®� ®�® Southold,NY 11971-0959 Eric DantesOffice Location: Robert Lehnert,Jr. Town Annex/First Floor ® Nicholas Planamento 54375 Main Road(at Youngs Avenue) �® � Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 MEMORANDUM To: Glenn Goldsmith, President, Board of Town Trustees From: Leslie Weisman, Chairperson, Zoning Board of Appeals By Kim Fuentes, Board Assistant Date: April 28, 2023 RE: Daniel Marra, 9450 Main Bayview, LLC r 9450 Main Bayview Road, Southold � ® SCTM No. 1000-87-5-22 Attached, please find a copy of a ZBA application which results from a Notice of Disapproval that identified variance relief required to construct a new single family dwelling. ZT roposed improvements require variance relief to place the dwelling 20 feet from the front yard p pe line instead of the required 50 feet. Also, the site plan depicts the distance of the dwelling 19.4 feet rom wetland boundaries. nclosed s a site plan prepared by Anthony Portillo, Architect, which shows the location of the a erne tioned dwelling. We are requesting comments from the Board of Trustees prior to their sche uled public hearing on August 3, 2023. Thank you for your assistance in this matter. Encls.:Notice of Disapproval of March 30, 2023 with ZBA Application Site Plan prepared by Anthony Portillo, dated March 27, 2023 RECEIVED FORM NO. 3 APR 2 0 2023 TOWN OF SOUTHOLD �s BUILDING DEPARTMENT Zoning BoardofAppeals SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: March 30,2023 TO: AMP Architecture(Marra) 1075 Franklinville Road Laurel,NY 11948 Please take notice that your application received January 11,2023: For permit to: Construct a new single-family dwelling:at:- Location t:Location of property: 9450'Main Bayview Road, Southold,NY County Tax Map No. 1000 - Section 87 Block 5 Lot 22 Is returned herewith and disapproved on the following grounds: The proposed construction. on this nonconf6mung.53,59-9:4 sg. ft. lot in the AC District. is.not permitted pursuant to Article XXIII Section 280-124 which states: lots measurina between 40.000 to 59.999 square feet in total size require a front yard setback of 50 feet. The Alan shows the proposed front yard setback at 20.0 feet(Main Bayview Road). QL 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. �0 'co b t"kr'ce' Fee:$ Filed By: Assignment No. FEAL ECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APR B 0 2023 AREA VARIANCE �C IHouse No.9450 Street Main Bayview Road Hamlet southold Board of Appeals 0.67 acres(buildab ) SCTM 1000 Section 87 Block 5 Lot(s)22 Lot Sizel.23 acres(total) one Ac/NC I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 3.30.2023 BASED ON SURVEY/SITE PLAN DATED 3.17.2023 Owner(s):"9450 Main Bayview LLC'-Daniel Marra Mailing Address:8 Ransom venue,Sea Cliff,NY 11579 Telephone:(646)343-7400 Fax: Email:marrconllc@gmail.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative:AMP Architecture for(X)Owner( )Other: Address: PO Box 152,Mattituck,N.Y. 11952 Telephone: 631-603-9092 Fax: Email:APORTILLO@amparchitect.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( ) Applicant/Owner(s), (4 Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 3.17.2023 and DENIED AN APPLICATION DATED 3.30.2023 FOR: (x)Building Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: XXXIII Section: 280 Subsection: 124 Type of Appeal. An Appeal is made for: (x)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal (X) has, ( )has not been made at any time with respect to this property,UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# #541 1/31/63 Lefferts P. Edson #7530 8/3/21 9450 Main Bayview LLC REASONS FOR APPEAL (Please oe specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: Similar properties to the East and South have residences built upon them and the same freshwater wetlands to account for. The proposed dwelling for 9450 Main Bayview has a 20'setback from the front yard but approx.a 40'setback from the line of pavement.Other nearby dwellings are located just as close or closer to the line of pavement.Some of these properties include but are not limited to 5875 Main Bay View, 11185 Main Bay View,3680 Main Bay View,and 3485 Main Bay view. 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: The vacant lot has freshwater wetlands throughout the center and rear area of the property.It is not possible to maintain the required front yard setback of 50'while maintaining a 75'distance from the wetlands as those setbacks overlap one another.This proposed approach allows for a 79.2' distance from the wetlands,20'distance from frant yard and a 40'distance from the line of pavement. RECEIVED 3.The amount of relief requested is not substantial because: The buildable area of this parcel is substantially smaller than the actual lot size. APR ® 2023 We established the proposed front yard setback based off of other homes in the neighborhood 741 E)y as well as keeping the largest seperation from Wetlands. Zoning Board of Appeals 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 work will be constructed with all requirments from the NYS DEC,Southold Trustees,and Southold Building Department.All permanent impervious structures will be conntected to drywells.There is a proposed IAOW Treatment System.The limits of clearing,grading and ground disturbance are minimal. 5.Has the alleged difficulty been self-created? { } Yes,or {x}No Why: No.The total lot area is 53,596.2 square feet and the area of wetlands if 24,578.8 square feet.This leaves 29,017.4 square feet of buildable area.This does not include the required setbacks.With the required setbacks,we have 0 S.F.of buildable area. Are there any Covenants or Restrictions concerning this land? {x} No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. k:�' Sign ant or Authorized Agent (Agent must submit written Authorization from Owner) Swor to before e this 1-1 day of 20 . BARBARA H.TANDY Notary Public,State Of New York No. OITA6086001 Nciary Public Qualified In Suffolk County Commission Expires OtPWW— L1. s Wa-7 APPLICANT'S PROJECT DESCRIPTION APPLICANT: AMP Architecture DATE PREPARED: 04/10/23 1. For Demolition of Existing Building Areas Please describe areas being removed:n/a RECEIVED Il.New Construction Areas (New Dwelling or New Additions/Extensions): Zoning Board of Appeals Dimensions of first floor extension: 23.2'x 15.6'x 6.4'x 16.8'x 3.6'x 8.7'x 13.2'x 41.1' Dimensions of new second floor: 23.2'x 15.6'x 6.4'x 16.8'x 3.6'x 8.7'x 13.2'x 41.1' Dimensions of floor above second level: (roof top deck w/bulkhead)23.2'x 15.6'x 6.4'x 16.8'x 3.6'x 8.7'x 13.2'x 41.1' Height(from finished ground to top of ridge): 24'-10.5"(ridge height),33'-10.5"(bulkhead height) Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: I11.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: The site is currently a vacant lot. Number of Floors and Changes WITH Alterations: Proposed 2 story single family residence with front steps and landing,second story balcony,and roof top deck IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: n/a Proposed increase of building coverage: 2.9%(of buildable area) Square footage of your lot: 53,596.2 S.F.(total),24,578.8 S.F. (wetlands),29,017.4 S.F.(buildable) Percentage of coverage of your lot by building area: 2.9%(of buildable area) V. Purpose of New Construction' Proposed new build of a 2 story single family residence,residence to sit on piers, front steps to dwelling with landing,second story balcony,roof top deck with bulkhead. Construction to include:Pervious Gravel Driveway,New IA OWTS(septic),2 burried drywells 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): The slope of the land is<1% Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? RECEIVED Yes X No APR 2 0 2023 B. Are there any proposals to change or alter land contours? :�1, D X No Yes please explain on attached sheet. Zoning B ar�of A peals C. 1.) Are there areas that contain sand or wetland grasses?Yes 2.)Are those areas shown on the survey submitted with this application?Yes 3.) Is the property bulk headed between the wetlands area and the upland building area?No 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction?Yes Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level?No E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises?No If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel?No If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel vacant Lot and the proposed use Single Family Residence (ex: existing single family, proposed: same with garage,pool or other) 04/10/23 Authorizal signature and Date TOWN 'OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS DATE January 31, 1963 Appeal No. 541 DatedJanuary 14, 1963 RECEIVED ACTION OF THI. ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Tto Lefferts P. Edson Appellan APR 2 0 2023 Bayview Southold,, New York Zoning Board of Appeals at a meethig of the Zoning Board of Appeals on Thursday, January 31, 1963 the appeal was considered and the ,action indicated below wao taken on your i i Request for variance due to lack of access to property (X) Request for a speeial exceptiom under the Zoning Ordinance 4 ) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception (X) be granted ( ) be denied pursuant to Article _...IZZ� Section .._..30 .. Sabsectian paragraph �...__.._.•_..._ of the Zoning Ordinance, and the deelsion of the. Building Inspector (X) be reversed f ) be confirmed because s After investigatim and inspection the Board finds that at present this facility, consisting chiefly of a canal 400 ft. by 60 ft. constructed in 1949 and 1950 is of limited usefulness. it is proposed to substantially improve the docking and mooring facilities for small boats, specifically the construction of a non-commercial marina in a residential area. The Board is of the opinion that such a use of the property is consistent with' tlxe general welfare and in agreement with lrng term policies of the Town and county with regard to developing the waterfront. (OVER) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would)(would notr) produce practical difficulties or unnec- essary hardship because (b) The bardship created (is) (is not) unique and (would) (would not) be shad by all properties alike in the immediate vicinity of this property and In. the same use district because (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of�}the Building Inspector ( ) be confirmed ( ) be reversed. C.315;X211 Te(J of eals ZON G BOARD OF APPEALS FORM ZB4 Judith T. Boken, Secretary :RECEIVED (Continued from front) A2 0 2023 DZoningard ofYpp]eals The owner does not contemplate development of a commercial marina but rather a place where his tenants and other neighbors may moor and dock their pleasure boats. it should be noted that a prior existing non-conforming scalloping use exists composed of local scallopers. Any substantial increase in this type of activity would be regarded as an expansion of a non-conforming business use. In granting this application it is not the intentionto abolish or limit unduly the use of the facilities by local scallopers. The public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed, .therefore It was RESOLVED that Lefferts P. Edson be granted permission to improve and expand a non-commercial marina in a residential district with the following conditions: With the full understanding of the applicant all commercial and/or business activity is specifically prohibited on these premises. However, in determining what constitutes a business activity the Board is of- the opinion that this condition should be interpreted to distinguish possible future activitIms: which are installed primarily for the r-onvenience of local residents rather than for the profit of the owner. - Questions arising concerning interpretation of this condition should be referred to the Board of Appeals. 8:00 P.M. (E.S.T. ) , upon application of Lefferts P. Edson, Bayview, Southold, New York, for a special exception in accord- ance with the Zoning Ordinance, Article 111, Section 300, Paragraph 3A for permission to improve and expand a non- commercial marina in a residential district. Location of property: south side Bayview Road, Southold, New York, bounded north by Bayview Road, east by R. L. Hammel, south by Corey Creek and west by James Bitses. r BOARD MEMBERS QF so ® Southold Town Hall Leslie Kanes Weisman,Chairperson � �' 53095 Main Road• P.O.Box 1179 Patricia Acampora CO Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Q Town Annex/First Floor, Nicholas Planamento ,^���\\�® 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD APR 2 0 2023 1-0 Tel.(631)765-1809 9 Fax(631)765-9064 September 8,2021 Zoning Board of Appeals Anthony Portillo AMP Architecture ran mvi e-Road – -_ — -- Laurel,NY 11948 RE: Daniel Marra-9450 Main Bayview,LLC, Southold - Zoning Board of Appeals Application SCTM No. 1000-87-5-22 Dear Mr.Portillo; The Zoning Board of Appeals conducted a public hearing for the above matter on September 2, 2021-and adjourned the hearing without a date. It is the custom and practice of the ZBA and the Board of Trustees that when both agencies have concurrent jurisdiction over an application,and part of that application involves proposed or existing construction within an area that such construction may result in negative environmental impacts, the Trustees are asked to review the action before us. According to the survey that you provided, and the Notice of Disapproval dated May 11, 2021, the proposed construction will be located within a parcel containing delineated fresh water wetlands. Based-upon the aforementioned documents;the Zoning.B.oard of Appeals Chairperson,requests that your client submit an appl'icatiori fora Wetlands Permit to-the-Town Trustees for their determination,prior to our reconvening a hearing. A memorandum has been forwarded to the Board of Trustees affirming this request. Please do not hesitate to contact this office with any questions or concerns. Sincerely, Kim E.Fuentes Board Assistant cc: Mark Terry. LWRP Coordinator Glenn Goldsmith,Town Trustee RECEIVED AGRICULTURAL DATA STATEMENT APR 2 0 2023 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Zoning Board a®peals WHEN TO USE THIS FORM: This form must be completed by the applicant for any specia use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant:AMP Architecture 2. Address of Applicant: PO Box 152, Mattituck, N.Y. 11952 3. Name of Land Owner(if other than Applicant): °9450 Main Bayview LLC"-Daniel Marra 4. Address of Land Owner:8 Ransom Avenue, Sea Cliff, N.Y. 11579 5. Description of Proposed Project: Proposed 2 story single family residence 6. Location of Property: (road and Tax map number) 9450 Main Bayview Rd. SCTM#1000-87-05-22 7. Is the parcel within 500 feet of a farm operation? { } Yes {x} No 8. Is this parcel actively farmed? { } Yes {x} No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) 04 � 10 � 2023 Signature f 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. I 617.20 Appendix B RECEIVED Short Environmental Assessment Form APR 2 0 2023 Instructions for Completing D Zoning Board of Appeals Part 1-Project Information. The applicant or project sponsor is responsible for the completion o ar o epeal s become part of the application for approval or funding,are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: Marra New Residence Project Location(describe,and attach a location map): 9450 Main Bayview Rd Brief Description of Proposed Action: - Proposed two story wood frame single family residence with entry stair, landing and rooftop deck - Proposed Pervious Gravel Driveway Name of Applicant or Sponsor: Telephone: 516-214-0160 AMP Architecture E-Mail: APORTILLO@amparchitect.com Address: 10200 Main Rd Unit 3a City/PO: State. Zip Code: Mattituck N.Y. 11952 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 X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X NYS DEC, Southold Town Building Department, Southold Trustees, and SCHD 3.a. Total acreage of the site of the proposed action? 1.23 acres b.Total acreage to be physically disturbed? 0.19 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 1.23 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑ Urban ❑Rural(non-agriculture) ❑ Industrial ❑ Commercial X Residential(suburban) ❑Forest ❑Agriculture Da Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, C NO YES N/A a.A permitted use under the zoning regulations? APR 2Mpq 23 X b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant charac q&Jhgq)j g ViilA¢r�>1at{tral NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X 8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: since this is a vacant lot with a prop.new build,there is a X prop.new public water connection 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: since this is a vacant lot with a prop.new build X there is a proposed new IA onsite wastewater treatment system. 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? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑ Forest ❑Agricultural/grasslands ❑Early mid-successional ❑x Wetland ❑Urban El Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES Zone "X", "X*" and Zone AE (EI. 6) x 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? El NO ❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO 10 YES There will he 2 underground drvwells installed 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)? X If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the local ion of attff/ l tEewdLl NO YES solid waste management facility? 1, X If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subj ctof re a is ion NO YES completed)for hazardous waste? X If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: AMP Architecture, Anthony Portillo Date: 04/10/23 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-tern,long-term and cumulative impacts. EBoard eals ❑ Check this box if you have detennined,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 ARTICLES OF ORGANIZATION OF 9450 Main Bayview LLC RECEIVED Under Section 203 of the Limited Liability Company Law [Zoning qpR 2 0 2023 1d� FIRST: The name of the limited liability company is: Board of Appeals 9450 Main Bayview LLC SECOND: The county, within this state, in which the office of the limited liability company is to be located is NASSAU. THIRD: The Secretary of State is designated as agent of the limited liability company upon whom process against it may be served. The address within or without this state to which the Secretary of State shall mail a copy of any process against the limited liability company served upon him or her is: THE LIMITED LIABILITY COMPANY 8 Ransom Ave Sea Cliff, NY 11579 I certify that 1 have read the above statements, I am authorized to sign these Articles of Organization, that the above statements are true and correct to the best of my knowledge and belief and that my signature typed below constitutes my signature. DANIEL MARRA (signature) DANIEL MARRA , ORGANIZER 8 Ransom Ave Sea Cliff, NY 11579 Filed by: JAMES CASTALDO & ASSOCIATES INC 6 FOREST AVE LAKE GROVE, NY 11755 FILED WITH THE NYS DEPARTMENT OF STATE ON: 11/02/2020 FILE NUMBER: 201102020240; DOS ID: 5870340 DOS-1239-f-1 1 (Rev.02/12) Page 1 of 1 EBoard eals Board of Zoning Appeals.Application AUTHORIZATION (Where the Applicant is not the Owner) I, D6 vlrel4&-rra— residing at 9 II&ASQex gyetic-e- S$Q G'/; ' � tiff ItT79 (Print propeo owner's name) (Mailing Address) do hereby authorize (Agent) AMP Architecture (Anthony Portillo) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) (Print Owner's Name) APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the totivn.of Possible conflicts of interest and allow it to lake whatever action is necessary to avoid same. YOUR NAME: J)qA t e.( YQt,rrG— (Last name,first name,m ddle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) RECEIVE® Tax grievance Building Permit Variance X Trustee Permit APR 2 0 202 Change of Zone Coastal Erosion ] Approval of Plat Mooring Other(activity) Planning Zoning Board of Appeals Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest.`Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO _ If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP A/& Submitted this /� day of I'l5` ,.20 Signature .YCvn,i.—'� Print Name ( /1", AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : Anthony Portillo (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) RECEIVED Tag grievance Building Permit Variance X Trustee Permit APR 2 0 2023 Change of Zone Coastal Erosion ��� Approval of Plat Mooring Other(activity) Planning Zoning Board of App-ai;;f I Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest. "Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 10th day of /April 20 23 Signature -44t&419'1 P614&& Print Name Anthony Portillo Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS APR 2 ® 2 23 Zoning Board of Appeals 1. All applicants for permits* including Town of Southold agencies, s mplot for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 - 87 - 05 - 22 The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. ® Building Dept. 0 Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity, agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Fil Nature and extent of action: Proposed 2 story single family residence,with stair, landing,second story balcony and rooftop deck Proposed pervious gravel driveway 9450 Main Bayview Road, Southold NY 11971 RECEIVED Location of action: y Site acreage: 1.2 APR 2 0 20 3 Present land use: Vacant Lot Zoning Board of Appeals Present zoning classification:Ac Non conforming 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:AMP Architecture,Anthony Portillo (b) Mailing address:PO BOX 152 Mattituk NY 11952 Office Address: 10200 Main Rd Unit 3a, Mattituck NY 11948 (c) Telephone number: Area Code( ) 631-603-9092 (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 The proposed new build maintains the community character, preserves open space, makes sufficient use of infrastructure, and good use of the coastal locaion and minimized adverse effects of development. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable There are no historical or archaeological resources on this property. 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 0 Yes 0 No ® Not Applicable The proposed work will not affect the visual qulaity or the the protection of scenic resources. RECEIVE APR 2 0 20 Zoning Board of Appeals Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ® Yes 11 No E Not Applicable All proposed work will be built to the latest IRC and local town codes.All roof and gutter systems will be connected to the new drywells to collect rainwater.A new IA OWTS System will be installed, as apposed to a traditional septic system. 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 0 No 0 Not Applicable All stormwater runoff created by new construction will be controlled. 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. 7 Yes D No® Not Applicable The proposed are of work is located before the wetlands, approx. 80'. No construction will be occuring or inturrupting coastal fish and wildlife. During costruction silt fecing and hayt bales will be placed between the area of work and wetlands to control all debris. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No® Not Applicable RECEIVED The proposed work will not affect the air quality. APR 2 0 mi Zoning Boarcl OiA.pppajS 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 V Not Applicable All waste will be controlled.All constructin debris will be disposd of properly. 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. ❑ YeO No® Not Applicable The private property has no public access or public spaces. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ® Yes ❑ No ❑ Not Applicable The proposed work will not affect the natural shoreline or water areas. RECEIVED APR 2 0 202 Zoninq Board of A Attach additional sheets if necessary - -Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ® Yes ❑ No ❑ Not Applicable The rainwater will be caught and controlled. Pervious materials will be used for the driveway to minimize water flow. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. Yes ❑ No ® Not Applicable Created on 5125105 11:20 AM •.�_- •- '- i+. .."+ r .Xr�tj { !�. ,�.. � 'it` � t .�.r�' t' I III '``• � ' `� "�'.y'E" 'rgT_M -.�Yft�' �,r' •yi,� ss. a..; r �. Jam`.• l' �''r, � ;:�x �t ..�,� �•� , i ,.,i__ >� : �, r;. �: R €• ,'kms 4,•, u ' rt 'f� �4 y � �.,5 4�0 � �' r3, `e i e�•t - y � .fi ! Y �n `aSd" .i' 'i,�"' rj. t 1' ";� .w x`�x��''*3� �,° n �!' a t'• p �J � �6';tr� x`"y o. n '. { .�� �•- 4 Ya / , m.�'`�' / ��'"Z' _ �+. Y$'{F �y�.far } �, yS' ,,k �e `•.w .fix"'SAF•. '�, JW.i/ - •' � ��F ( ¢"a- � '; TF/ + .fLr f e"q� \4 !' ��5 \Mi�yr J� -�L .. •�j:ya��� �� � � 1. .a f � L _•fj+y,/�,,,,'�y4,�'`���i� ',; ..j ��rtt�'�` � r�'"s'v'�1 �°� � � 1�� � Y : ` \`� ' Wig..- u' - '< ��'x, ,� r�+ `'b yq• lti � s t �S s -. �t r W .m �zz.r� !~ a ,� .:nslF�e'tip .,x. ; � /IT .. � v �L,� ;w ':� '.4�:•� t%t .t •-:t ✓ - _ux o Vi i . ,t" t - � "`S. n'�% T i .. 6_` 1.3" -`•-Z' � <!!�ai�r. t •T"k . ��'��dr "� .h ..e s"�' �$' -.�"`1� ��y t���':i As .� a�{ a �4x x •� 4F�r , •• 43t +�• .��. qri I € 1: ~S a. •,� mob., e »�3 1 TOWN OF SOUTHOLD PROPERTN OWNER STREET VILLAGE DIST. SUB. LOT r 21 Pro -poldn I-(- �-�-Czq �21 Jv� J FORMER OW ER N f� v E . FbS a y ACR. (' S $ W TYPE OF BUILDING 7S-E :ES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE RE ARKS — .G/r ro G d w 0V LA1v2 L A N r CORP Y rD c 1y a S/T3 8 o 0 7_3 1 f Z- 2-0 x-- (30 1q- >L- ) AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre F illable 1 Z- .} e-0 -illable 2 'illable 3 N Voodland wampland G.c , b v ,Zs�-ti FRONTAGE ON WATER o m rushland FRONTAGE ON ROAD o o 0 louse Plot DEPTH X30' BULKHEAD 'otal U DOCK a R BOARD MEMBERS �0 SOUjyo Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Patricia Acampora Southold,NY 11971-0959 Office Location: Eric Dantesi0� Town Annex/First Floor, Robert Lehnert,Jr. O! 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoyC0(f jIJT`I,� Southold,NY 11971 http://southoldtownny.gov ® _ r ZONING BOARD OF APPEALS RECEIVE®' OCT 2 8 2019 TOWN OF SOUTHOLD & PtcL q 9:S2 AV1 Tel.(631)765-1809•Fax(631)765-9064 0 CT 2 8 20119 ' �; ,r iZ;�';•• EDF'g'`i' i FINDINGS,DELIBERATIONS AND DETERMINA hold Town Clerk MEETING OF OCTOBER 24,2019 ZBA FILE : 7322 NAME OF APPLICANT: William Harney PROPERTY LOCATION: 4015 Main Bayview Road, Southold SCTM No. 1000-78-2-16 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 lI 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 June 10, 2019 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 October 9, 2019. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: The subject property is a conforming 54,450 sq. ft. lot in a R-40 Residential-Zoning District. The property has a road frontage-of 124.51 ft. along Main Bayview Road,then-turning north 448.00 ft. to the rear property line, then runs through wetlands for 141.50 ft. to the west, then runs south 210.00 ft.,jogging southwest 30.38 ft., then, returning south 190.93 ft. to Main Bayview Road. The property is improved with a two-story residence and a detached frame garage with a lot coverage of 3,126 sq. ft. as shown of survey prepared by John T. Metzger, L.S. last revised June 18, 2005 and site plan prepared by Robert 1. Brown, Architect,dated May 14,2019. BASIS OF APPLICATION: Request for a Variance from Article III, Section 280-15 and the Building Inspector's April 24,2019,Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at, 1) less than the code required front yard setback of 50 feet; located at 4015 Main Bayview Road, Southold,NY. SCTM No. 1000-78-2-16. RELIEF REQUESTED: -The applicant requests a variance to construct a one-story add_ition-with a proposed-front yard setback of 28 feet-7 where a minimum satback-of 50 fest is required: Page 2,October 24,2019 # TM Harney SCTM No. 1000-78-2-16 ADDITIONAL INFORMATION: The architect of the project testified_to-1he reasons for the location of the, proposed construction. The-property has a Pre-_CO # Z-17396; issued on 10/7/1988 stating that the property, contains a one-and-one-half single family frame-dwelling, accessory garage , and fencing. 'It states the existing nonconformities as insufficient total area, front yard setback, and fencing on town property. There is a certificate of occupancy # Z-23147 dated August 8, 1994 for an addition to the existing one family dwelling; and another certificate of occupancy # Z-32587, dated September 9, 2007 for additions and alterations to an existing single- family dwelling. This last CO also states that there is a SCDHS approval #R10-05-0209 dated 8/27/07 issued for the property. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 10, 2019 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 1. _Town Law X267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed addition is to be built behind the pre-existing non=conforming front yard setback line of the front of the house,thereby lessening the impact to the front fagade. The proposed addition is staying in scale with the house, and houses in the surrounding neighborhood. 2. Town Law 1267-b(3)(b)(2). The benefit sought by the applicant or cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing residence is in a non-conforming location on the property, and with a 15-foot 6-inch front yard setback, any addition to the dwelling that is not in the rear yard would require variance relief, 1 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 42.8% relief from the code. However, the small 345 sq. ft. addition is proposed at 13 feet farther from the road than the existing dwelling and will run parallel to a long private driveway screened by existing fencing and mature vegetation,and will have a conforming 15.11-foot side yard setback. 4. Town Law $267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law X267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a mud room and screen porch 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 Lehnert , seconded by Member (Chairperson) Weisman, and duly carried,to r 4 r. r Page 3,OcWber 24,2019 #739,2,Harney SCTM No. 10.00-78-2-16 IVA GRANT the variance as applied for_;;and shown=on the building plans (6 pages)-prepared by Robert 1. Brown,. Architect,'and dated May 14, 2019.' Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit and may require a new,application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. 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. 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. Vote of the Board: Ayes:Members Weisman(Chairperson),Dantes,Acampora,Planamento and Lehnert.(5-0) gKanel/Weism , Chairperson Approved for filing GQ /-,�S/2019 I f ♦y �' M i v Y. 1 k� L I i �J y11 f a 10 10 Ile i i Af .r BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson $�Ujy 53095 Main Road•P.O.Box 1179 � p Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.:Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning i0 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCOUNV I Southold,NY 11971 http://southoldtown.northfork.net A ZONING BOARD OF APPEALSRECEIVED TOWN OF SOUTH OLD _J"q-5k4 Tel.(631)765-1809 Fax(631)765-9064 MA 2 9 2015) FINDINGS,DELIBERATIONS AND DETERMINATIO MEETING OF MAY 21,2015 uthold Town Clerk ZBA FILE: 6853 NAME OF APPLICANT:Homes Anew 1 Ltd. PROPERTY LOCATION: 9625 Main Bayview Road,Southold,NY SCTM# 1000-88-03-23.1 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 11 category of the State's List of Actions, without further steps under SEQRA. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject property is non-conforming with .89 acre in the R40 Zone District. It is improved with a multi-family dwelling. It has 180.64 of frontage on Main Bayview Road, 232.93 feet along the northern property line, 170.74 feet along the eastern property line and 232.93 feet along the southern property line as shown on the site planprepared by Frank A.Restituto,Architect dated 12/24/2014. I BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's January 28, 2015 Notice of Disapproval based on an application for building permit for an addition to i existing multi-family dwelling,at; 1)Iess than the code required minimum front yard setback of 40 feet, RELIEF RE UETS D:�--'The applicant re4uesfs a variance fo reconstract;iii-kind`and-in-place,a pre=ekisting front; porch/entrance having a 10 follt front yard setback where the code requires a minimum of 40 feet.; ADDITIONAL TNFORAAATION: The subject structure has a�Pre-Co, #128 M-R dated Dec. 12, 1972, for "5 permanent occupancy apartments". FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 7,2015,at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The reconstruction, in-kind and in-place, of the front porch/entrance will appear the same as what presently exists and therefore not change the character of this neighborhood. Page 2 of 2—May 21,2015 ZBA#6853—Homes Anew 1 Ltd. SCTM#1000-88-3-23.1 v 2. Town Law $267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The structure exists in its pre-existing non-conforming location and therefore any reconstruction within those non-conforming locations will require a variance. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 75%relief from the code. However,the variance is to an existing open porch being reconstructed in place and in kind. 4. Town Law X267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 23 6 of the Town's Storm Water Management Code. 5. Town Law X267-b(30)(Q. 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. However, to the extent that a structure ultimately and unavoidably requires some reconstruction and/or alterations to allow for reasonable improvements to continue the safe use of the structure, the need for variance relief is not self-created but created by the zoning code that now prohibits activities which at one time were not prohibited. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of reconstructing, in-kind and in-place, a pre-existing front porch/entrance, while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried,to GRANT the variance as applied _for, and shown'- on the Architectural Drawings; sheets -1-thru 7, all dated 12/24/2014,prepared by Ffank A.Restituto,R.A.' Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. 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. 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. Vote of the Board: Ayes:Members Horning,Dante,Goehringer and Schneider. Absent was:Member Weisman (Chairperson).This Resolution was duly adopted(4-0). 1 Leslie Kanes Weisman,Chairperson Approved for filing S/ a712015 .. �� -—4,-- --- �-�,,, �_ �w -. �,�� .t _ ry ��. y�F _ e � •� 1 `� � +; �� �F '� K �� �. �.♦. � _ � • � r � ` 4 •�► � : .� � -- wy x a ' ��� ,, ti... C.P 2� ��liJ �f���1 UVJ SYMBOL LEGEND + r rTROAD BEARINGS SHOWN HEREON ARE H 45ED N LIBER 1 PAGE YV j lN (66' AIDE) �A S51'23'40"E - - ------------Sgo-02'40"E 35.00' ----�"-- 100.00'-- --- - �- -- 145.00 a_�-''� �o - - PND _ -,�-,. (o Lo �' 1• 1 e v . . g NAAzC-, W.W.W'ia'1w'Kt. Q IEiLAlp w, • �`�` `:/' ; +' R/w w K , Na 4 i'f�;J%"N'�FN'. ;c- NElL11N0y J VElLIRO `\\ � :,a; Na I �� I 8�A' BUILDABLE AREA. 11.1%. •;!. AtiI RA;L"T \ FROM &0' PeT1„AIyI7�J Cn055 Cl' ( I i STAME `. i 5=TSAGiC 4522.5 .r. RAG N0.7 ( ..� —0.0.B I �• _ _ - •� I `t TAX LOT EI - 1 STONY - FRAME RE90PRCE _ 1 a� (PUBLIC-TER) - ' NC AVAIiAaE RECORD OOCUNEN' f vnru.-Lo. f i TAX LOT 21.19 1 J ,:._•�}r~ 1 NO N98L HELLS fl'RI RPE 1 '�'1 ( - — �' •r J'� NO AVAI;AB:E RECORD DOCUMENT Ory PL J i I FLAT DETAILS _. _. CID _ No REILAl10 00 EXISTING Tuc N �-.�,. PUG NO.s - �� FLAG N0.a - TOTAL LOT AREA 53,596.2 S.F. x AREA OF YETLANDS N 245TBb S.F. BUILDABLE AREA 29017.4 S.F. ! y- n PAGNa2 Al O.t VACANT WT M ZONING REGULATIONS IF HETLANDS PERE NOT COUNTED TOl^lARD LOT (` COVERAGE `O i TAX LOT P8 NON CONFORMING LOT REQUIREMENTS FOR 20,000 TO 39,999 S.F.LOTS ( I 3 50UT4OLD TOWN CODE 280-44dm PROPOSEDPRED OPOS EXIST. FROM PROP. FROM LINE ROAD MPl, I MIN.FRONT YAJW 40.0' 0.0' 20.0' 40.0' Z i i 00 _ __. cn E MIN SIDE YARD ISA' 0.01 hlr IN GOME3IN1m - N51.23'00"W rtr LOT ss 115.00' SIDE YAR05 95.0' 0.0' 99 b' MIN.REAR YARD SOA' O.O' 386 0' I 2 STORY FRA11E RESIDENCE ^ "•• .: ... ..`.I -... - (P'UBUC WAIER) D,SP) .. . NO V198LE MEUS 1"'-�••. ,... G� NO AVAELE RECORD OOOUNMT ' AByr '.�•��:T____:.: _y�.�.^y GRAPHIC SCALE b D 20 AO COREY CREEK LOTAREA ( � FEET ) ALL ELEVATIONS REFER TO NAVD88' DATUM 53.5231AC. 1 inch = 40 ft. x J VVV SYMBOL LEGEND YVI.eA W R O A D BEARINGS SHOWN HEREON ARE BASED Y'Qa ON JBER 13088 PAGE 0152 MAlN B (ss' WIDE) S51'23'40"E _ _ --------------S60-02'40"E 35_.00' ;G �F:_ ---------- w ---------------- 145.00' `wa°r - - 4 S80.02'40 E ��: � Flo _� '_� _ o t 1`e C, 1°j �Q 1 1 1 N ri W.•.�O::W WLL 3 1C11,µ0`_. `.�. --�`"-L 6 •A� A t I NQ 4 AND WETL N0.1 &�.o+, Oulu::) ARE�,JCrIA 1 - SETSACK 4322.5 5_r. '�STA4E` •. � FLAG NO-7 WETLO O MC NO.B 2 1 • 1 TAX LOT 21 i Y• _ 11 1 STORY t :Y FRAME RE9oF110E 1 'i (weuc WATER) ' NO AVNIABIF RECORD COCUMEN' VACANT LOT •:••:_!_ ....!'+�!!: TAR LOT 81.18 . ; • •i. .::::::: : NO M9BLE WELLS MO qvE /1 ' 1 111 ,:.s: NO AVN&E RECORD DOCUNEN' zaw X. i ZONE-AE comer LOT DETAILS .. -. ,; WIs .EYL�eO FLAG No. - : 1%, NO W EXISTING FLAG N� FLAG NO. ! s 1 ! /. 'vwc a a t t TOTAL LOT AREA 535962 5.F. 1 AREA OF ken-ANDS S.F. 1 SALDA ALE AREA .,,,- ... AND. F-AG N0.2 'AG NO. VACANT LOT ZONING REGULATIONS IF WETLANDS WERE NOT COUNTED TOWARD LOT COVER &E .,.:.. TAR LOT EE 1 . NON CONFORMIN6 LOT REQUIREMENTS FOR 20,000 TO 59,99-1 S.F.LOTS SOUTt OLD TOWN CODE 280-44 PROP05ED PROPOSED EXIST. FROM PROP. FROM 1 C S o OD LINE ROAD t co MIN.FRONT YARD 40.0' 00' 20.0' 40.0' 1 MIN.SIDE YARD ISD' OD' 210' COMBINED – ;N51°23'00"W TAX LO 25 115.00' SIIDN•E YARDS 55.0, OO' 4Ab' 1 20'R.O.W. 3 _ ... 1O ------------------ 3 N ... :.l MIN-REAR YARD SOD' OD' 'JD6A7 � 2 STO —'— — ... ,..,,.,-.�-.. FRAME RE0ENCE 9x (�suc WATER) OD NO MSB 'AElLS Y7, NO AVALMIE RECORO DOCUMENT ' Cn `�� GRAPHICSCALE —� w D 20 40 COREY CREEK 1 LOT AREA ( IN FEET � 53,596.19 S.F. l 1 inch = 40 ft_ *ALL ELEVATIONS REFER TO NAVD88'DATUM 1.23 AC. 1 2 HE -• ` � .F 5875 Main Bayview Rd, ir Southold,NY 11971 �. 4015 Main 8645 Main Bayview Rd, Bayview Road ` Southold,NY 11971 Ra. •PwRa n aW `� �j�3t�f ��� � ♦ M�7��ea B YV�e w Rd -' "Man Bayview Rd— Main Bayview Rd �"'�j s ! •'� Main Bayview Rd � ` � '' �` • � Main Bayview Rd—"' North'Fork Sign Co ay` � 3680 Main Bayview Rd, . y Southold NY 11971 _ r� 9625 Main Bayview Road 4, `1 Main Bayview. � -• -• . . Ma'nBan��Ru "V�_�PJD 37121aed-6c09-492a-b5f3-909a4c7b6dab kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE IVA SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,AUGUST 3,2023 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, AUGUST 3,2023: 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 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.-PANTELIS AND DOROTHY SCOUFARAS #7797- Request for a Variance from Article III, Section 280-15; and the Building Inspector's January 23,2023 Notice of Disapproval based on an application for a permit to construct a raised patio with gable roof attached to a single family dwelling which will place the existing accessory garage in a non-permitted side yard;at 1)accessory garage located in other than the code permitted rear yard; located at:305 Ole Jule Lane, Mattituck, NY.SCTM No. 1000-114-12-14.2. 10:10 A.M.-EDNA J.ACQUAVIVA,BONI D. FASH,VINCENT J.QUATROCHE,JR.#7805-Request for a Waiver of Merger petition under Article II,Section 280-10A,to unmerge land identified as SCTM No. 1000- 33-4-69 which has merged with SCTM No. 1000-33-4-70, based on the Building Inspector's February 21, 2023 Notice of Disapproval,which states that a non-conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at anytime after July 1, 1983 and that non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq.ft.in the R-40 Residential Zoning District); located,130 Sunset Lane, Greenport, NY.SCTM Nos.1000-33-4-69 and 1000-33-4-70. . 10:20 A.M.-CHANET TISDEL#7806-Request for a Variance from Article III,Section 280-15;and the Building Inspector's April 13,2023 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool;at 1) located in other than the code permitted rear yard; located at: 905 Ninth Street,Greenport, NY.SCTM No. 1000-48-2-29. 10:30 A.M.—MICHELE SASSO AND JAQUELINE JONES#7807-Request for Variances from Article IV, SOUTHOLD TOWN BD OF APPLS 2 • I I --A 3712laed-6c09-492a-b5f3-909a4c7b6dab I<imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times Section 280-18;Article XXIII,Section 280-124;and the Building Inspector's April 24,2023,Amended May 2, 2023 Notice of Disapproval based on an application for a permit to construct alterations and additions to an existing single family dwelling;at 1)located less than the code required minimum front yard property line setback of 35 feet;2) located less than the code required minimum side yard property line setback of 10 feet;3) more than the code permitted maximum lot coverage of 20%; located at:4525 South Harbor Road, Southold, NY.SCTM No.1000-87-1-6.4. 10:40 A.M.-MEGAN BARRON, COTTAGE#15 BREEZEY SHORES#7810- Request for a Variance from Article XXIII,Section 280-123;and the Building Inspector's April 28,2023 Notice of Disapproval based on an application for a permit to construct a dormer addition to an existing seasonal cottage; 1)a nonconforming building containing a nonconforming use shall not be enlarged,reconstructed,structurally altered or moved, unless such building is changed to a conforming use, located at:#15 Breezy Shores,65490 Main Road (adj.to Shelter Island Sound)Greenport, NY.SCTM#1000-53-5-12.6 10:50 A.M.-THOMAS AND KATHLEEN BURKE#7811SE-Applicants request a Special Exception under Article III,Section 280-13B(13). The Applicant is owner of the subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; at:780 Deep Hole Drive,Mattituck NY. SCTM#1000-115-12-11. 11:00 A.M.-AGUSTIN AND MELISSA ROMO#7812-Request for a Variance from Article XXIII,Section 280- 124;and the Building Inspector's April 25,2023 Notice of Disapproval based on an application for a permit to construct a deck addition with a canopy attached to an existing single family dwelling; 1) located less than the code required minimum secondary front yard property line setback of 25 feet; located at: 1820 Wells Avenue,Southold,NY.SCTM#1000-70-3-20. 11:10 A.M.-LAWRENCE C.AND JEANNE M. PROVENZANO#7813-Request for Variances from Article III, Section 280-15;Article XXIII,Section 280-124;Article XXXVI,Section 280-207;and the Building Inspector's April 10, 2023 Notice of Disapproval based on an application for a permit to construct an accessory in- ground swimming pool,and construct additions and alterations to a single family dwelling including a second story addition, and a 31.5 sq.ft, outdoor shower; at 1) pool located in other than the code permitted rear yard;2)additions more than the code permitted maximum lot coverage of 20%;3)additions located less than the code required minimum rear yard setback of 35 feet;4)gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area; located at: 555 Three Waters Lane, Orient, NY.SCTM No. 1000-15-7-10. 1:00 P.M.-9450 MAIN BAYVIEW LLC/DANIEL MARRA#7804- Request for a Variance from Article XXIII, SO LITHO LD TOWN BD OF APPLS 3 f I k 37121aed-6c09-492a-b5f3-909a4c7b6dab kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times Section 280-124;and the Building Inspector's March 30,2023 Notice of Disapproval based on an ",IVA application for a permit to construct a single family dwelling;at 1) located less than the code required minimum front yard setback of 50 feet; located at:9450 Main Bayview Road,Southold, NY.SCTM No. 1000-87-5-22. 1:10 P.M.-MARY KATHLEEN MARTIN AND PHILIPPE VAILLANCOURT #7815-Request for a Variance from Article III,Section 280-15 and the Building Inspector's May 11,2023 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool;at 1) located in other than the code permitted rear yard;375 Mill Road, Mattituck, NY.SCTM No.1000-113-3-7.3. 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/we b l i n k/Browse.as px?d bi d=0. If you have questions, please telephone our office at(631)765-1809,or by email: kimf@southoldtownny.gov. Dated: July 20,2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) P.O. Box 1179,Southold, NY 11971-0959 SOUTHOLD TOWN BD OF APPLS 4 i i .f 37121aed-6c09-492a-b5f3-909a4c7b6dab I<imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, xvv 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: July 27,2023 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,and as such, is eligible to publish such notices. Signature Christina Henke Rea Printed Name Subscribed and sworn to before me, This 27 day of July 2023 otary Signatur LAS OF NEW wRK '. NMART PUBLIC •• ALBANY ^O 01RE6399443 O Notary Public Stamp +°r,��2�''• o���,: 2 ' T810 SOUTHOLD TOWN BD OF APPLS 1 BOARD MEMBERS �F so Southold Town Hall Leslie Kanes Weisman, Chairperson O�� lyol 53095 Main Road•P.O. Box 1179 Patricia Acampora h O Southold,NY 11971-0959 Eric Dantestic Office Location: Robert Lehnert,Jr. y ,e Town Annex/First Floor Nicholas Planamento �` �Q 54375 Main Road(at Youngs Avenue) �liyCOUNTi,\, 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, AUGUST 3, 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 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. AUGUST 3, 2023: 1:00 P.M. -9450 MAIN BAYVIEW LLC/DANIEL MARRA#7804 - Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's March 30, 2023 Notice of Disapproval based on an application for a permit to construct a single family dwelling; at 1) located less than the code required minimum front yard setback of 50 feet; located at: 9450 Main Bayview Road, Southold, NY. SCTM No. 1000-87-5-22. 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/.webi i nk/Browse.aspx?d bid=0. If you have questions, please telephone our office at(631)765-1809,or by email: kimfL@southoldtownny.gov. Dated: July 20, 2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 0-Min Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 Cm Southold, New York 11971-0959 1 Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: July 3, 2022 RE: INSTRUCTIONS FOR PUBLIC HEARING Dear Applicant; Pursuant to the New York State Governor's announcement lifting many COVID-19 restrictions, the Town will now resume IN-PERSON meetings that are open to the public. For those who wish to attend the meeting virtually, for health and safety reasons,we will continue via Zoom Webinar, as well. Therefore,the August 3, 2023 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. 'Below, please seeinsttuctions 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 July 26, 2023. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board' of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law, your scheduled hearing will be adiourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office•along with the mailing receipts and green cards by July 26, 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. �i Instructions for ZBA Public Hearing Page 2 MAILING INSTRUCTIONS: Please send by USPS Certified Mail, Return R 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 July 17, 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 kinif@southoldtommu.gov or elizabeth.sakarellos@town.southold.Liy.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Surveyor Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also, the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors > Assessment Books/Tax Rolls https://southoldtownny.gov/DocumentCenterNiew/9694/TentativeRo112023 ,IMPORTANT INSTRUCTIONS: Scan"and email the USPS mailing receipts, green signature cards and-affidavits to kimf(u),southoldtownny.gov, and ** PROMPTLY USPS.MAIL** the ORIGINALS to Ethe Town of Southold, ZBA,P.O. Box 1179, Southold,NY 11971. Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter SS of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us.know. Kim E. Fuentes—Board Assistant V � Laserfiche Instructions for At Zoning Board of Appeals Records -_� -1,OWN OF 1 1 1 _ a q jai .A.• cart 4MFW YORIL overnmen ervices isitiu How Do L.. TOTM I s� �'�•E,�" :r:»%„',r; ;' '®"tr ��' ,:O� �.iiia .1~'�'.i:•:.. •dnr `k•.v:s � .kl�• %U,;:• ,� 7y .•+;'" .�S: :i", �.I ::�j-," ;:f ,� �`�• ,J,�- :!•' +�='moi.♦. ;.�. r.f.'' r` Ma iitlaifi' f.TownCodc pnlipe'Pa' is'r. ``r.TaivnRn�kiiiF. f-;'Fo#ini ;fiojifs Mab. � t?s' ,.'''' utar. -• '�" 'P�rgotirfdlti <,_rrtebtutkrt�serfci,e';,' 4bmuliPa .v«is; 'Sylttptorctr(se-, Above: Homepage, Click on Link"Town Records"Weblink/Laserfiche Laserfiche WebUnk Mrweourts-4'C" Meme Browse Search To OfSouthold TownOfSouihohi Name Page count ",rempiaisnama,.,.•r,.,_. :_ w Ta Clerk R Erttry Propettles ................. .........:. ... •�;;Town Historian Path Trustees T^,'rn10"r:U:t old _ ZOn&tg 9Odb 6f R{Ipeali RSA) Creation date - ... ... .... .... _...._._. - _. _. _. 5152014 7?;52:15 AM Page Z of'_ First n 1 2 29 Er.tries Last modified J 2 Metadata A::1 mera:lat.t as.�g:wd .<.,-,-x..,..,a.•ir..d.«:rrme,,....u.:,r+._v,sta.+,^...,�,,.,....w•a, 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. Laserfiche Instructions ZBA Files Page 2 Laserfiche Webl.ink 1 rev 5 Abort sign ouc Home Browse Search rm-O'Southold>Zoning Board ofAppeals(ZBA) Name Page.count ,,TemPVate Zoning Board of Appeals .. .. .. _. .. .. ... . .. .. . .......... .... ......- ZBAAlphabetca{index - 2 Entry Properties ..Board Actions nl Laserfkhe Search Guides Path Meet.ng Schedules Tonr.015outh0ld\ZOning of Appeals(ZBA) .Mnutcs@lgendias/Legal Not;ces.Meanngs creation date izt Pending - �.Repons Last modified 5123/2017 11:07:::A0.9 %:a Special Event Perm;ts Trainng Requirements ZBA Officials 9 Metadata ZBA Polides HO me!ndat.t:tssigled `;;,E—oboes List Code 280-1u(3) s furiXKtl-n Listing 1 ZBA Book of Mapped 1971 Existing Lots 789 -cedure&ResuM Bulk Schedules A ents,Contracts&Leases :crNnmhh/Pap-smmrausesi '� 5 .,, greem Page I of 1 74 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. Laserf the WebLink _. , Ny webLink i Ne'o Abort94,50ut Home Browse Search Zering:ward of Appeal(25A1>Boafd Actions Board Actions Name -age count 'template name 1957-1979 Entry Properties y`)5980-1949 Path 2oo0 TwiiOfScu:;tolc;•ZOri &+•;rd Ofi.;:,;eds GF,%.11Ek;ard A<.ti5,5P> �2 2001 Creation date 2002 i%tor;ka 12:2`.:SSF'M 2003 Last modified .M 2004 3,'2F✓20:7 11:36:07 A-M 2005 S Metadata .'j 2006 :,0.12 adsra a_ d er I'..i 2007 g lora J=009 &Resylfs ----........ Ce 2010 sah)paP_srn .uses21 ;cs-011 2012 GJ 2013 u 2014 n 2015 u 2016 j 2017 ;j Pending ........ ... .. .... .... ..... ........ ... ..... ................... ..... ... ........ .. ... ... _. ... ......._ ._... ... rn:hulth'memrMieaVJGaP'tmm>1hc! G��..r..a 1 �.Above: Board Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". Laserfiche Instructions ZBA Files Page 3 2017 6 >e ora xvons — Pad, 6441 13 T min a.-Thom d amoas s mere Acdom lass o,iffiad 7 70, :7 mord--t He ad a .16 3 award TCN4n5 nI acvom Sa ward ec4wn Tom so roam Troon 1011 54 Board kd- 75 ..d acdam It—a m25 ..d Tmom Ii—d eceanf ?0:3 v ..M E,ro.9 3 —d It— Above: See listed File Numbers. Click on file you are searching. 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 WellLinkM Home Browse search C.S(—e S—ch Soil results by: Relevance Records Mar,i9ement Search 7016 Feld name B—C!Actio--83 page(s) Template name:Board Actions Ch...Field Page count:83 Dage 3 Colin and Kristen Cashel PROPERTY LOCATION.162 Lower Shingle Hill,Fisher 4 19,2017 97016,Cashel SCrM No.10009-1-26 mimmus approval to remo... Page 5 CT y 19,2017 97016,Cashel SCM 1000-9-1-26 GRANT,the variances as Search 'trimsa ge 9 COLIN&KRISTEN CASHEL SECTION 009 BLOC... Page 20 Thomas Ahlgren(Cashel),PO Box 342 Fishers isla,d,NY Show more information... 7C)l 9 Board Actions-56 pages; Page Count;56 Template name;Board Actions Page.13 9:30 A.M.-COUN CASHEL AND Variances under Article ld.S.LJ.n ANN pa,48 ance(S)KRISTEN CASHEL37016-Request proposed trellis located in other tha... s 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. 1 Laserfiche Instructions ZBA Files -� Page 4 LaserficheWebL)nk MywwlLmc I HelpAbout Home Browse Search TvvnolSeuthOld>Zoning aoard of appeals(ZBA)>A[inutes/AgendaslLega)NoticevHearings Minutes/Agendas/Legal Name page count rcmptatename; Notices/Hearings [71957-1979 .................__._....._._.._...._. 2 EntryProperties'^,1930-1999 :._.._.__............_._._....___.._..__ 20002009 pant zoto .. . To VnCfS0Ut1101d1ZOntn9 Boar^_ td App-1115 2017 {'£Oa)1uinu;_J:.gendas/!_egaf NalkeUFlearings C3 2012 Creation date n 2013 7112/2.701 257:40 I'M �n 2014 Last modified ?]2015 12n62015 3:.5:14'M 2016 2 Metadatd U-1 2017 No mewdata as fined Page 1 of I 11 Ent, .mwn m .o>n.:��.wglre�_-u w.u.ro tr•Ni.A:f4.1^�iH� +x�.f Above:Also, Minutes,Agendas, and Hearing Transcripts can be viewed. Laserfiche WebLink �') Mywebunk I Help Ahout Home Browse Search TownOfSoutho)d>Zoning Board of Appeals fZBA)>MlnutesiAgendas/Legal Notices/Heanngs>2017 2017 Name page count Template name 1 Z3.4-0110512017 7 2 Entry Properties ZB.4-0110512017 Agenda a Path p ZBA-0110512017 Hearing 40 TownO(SOu[1101d1ZOn!ng Board Of Appeal$ ,�ZBA-01;052017 LN 3 (ZBANMInutes/AgendasrLega1 y ZBA-011192017 2 NOtices/H eanngs\2017 ZBA-01119/2017 Agenda Creation date 12/162016 2,151d PM ZaA.02/02/2017 7 Last modified ZBA-02/02/2017 Agenda 4 6/19/701745359 PM ZBA-02!022017 Hearing 45 2 Metadata _;;ZBA-02/02.20)7 LN 3 1 ZBA.021162017 Agenda 3 No n!etadatd assigned ZBA-0211612017 Specal 3 _edge&Results i ZBA-03102:2017 7 �nVheeMlJpap-smeaRUtes2 ZBA-03/022017 Agenda 4 .J ZBA-03/02/2017 Hearing 65 .J ZBA-03/0212017 LN 3 .,�ZBA-0311612017 Agenda 3 ZBA403/16r20175peca1 3 ti ZBA-04/06/2017 5 ZBA-04l062017 Agenda 4 ,u ZBA-0a;062017 Hearing 45 Above: Agendas, Minutes and Transcripts are in chronological order. i4UTI (o t- U- r HLAR1 ,40 The following application will be heard by the- Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will ALSO be available VIA ZOOM WEBINAR - Follow link - httpo.//southoldtownny.gov/calendar.aspx NAME 9450 MAIN BAYVIEW LLC ( MARRA) # 7804 SCTM # : 1000-87-5-22 "I 'ARIANCE: YARD SETBACK REQUEST: CONSTRUCT A SINGLE FAMILY DWELLING E ATE THURS. , AUGUST 3, 2023 1 :00 PM 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 i Fuentes, Kim From: Ashley Itenberg <ashley.itenberg@gmail.com> �G Sent: Thursday,August 3, 2023 9:24 AM 2023 To: Fuentes, Kim Subject: Board of Appeals -Agenda for 8/3 Of P, Al:� ZON Dear Ms. Fuentes & Board of Appeals, � '- As the property and residential owner on Main Bayview Road. Please note.the following concerns over permit reviews for applications filed under 9450 Main Bayview Rd. LLC/Daniel Marra for 9450 Main Bayview Rd; Southold, NY 11971 1.As a neighbor to the above property,we have taken note of the weather and land during all seasons of the year and do not see this property fit for the plans provided. 2.The preservation of the environment should be highly considered when reviewing this application as we are strong advocates for the conservation of the wetlands and North Fork area. 3.As well with rising sea levels and changing weather conditions, it should be of concern and another consideration for this property and the surrounding properties to not adhere to over develop the wetland area and at this location. Thank you for your attention to this matter.We enjoy and'appreciate the community, neighborhood and environment that the Northfork and Southold provide with decency and respect to our well being and anticipation for our future together in residence. All the best, Ashley& Isaac Itenberg Resident owner 9325 Main Bayview Rd,Southold, NY 11971 Ashley Itenberg 512-731-3933 ashley.itenberQ@email.com ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. TOWN OF SOUTHOLD �� ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK AFFIDAVIT (fUla,Vlr ) OF In the Matter of the Application of: MAILINGS a"I UERA.A(Ez (Name of Applicant/Owner) SCTM No. 1000- (Address of Property) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK 1, ( ) Owner, ( ' Agent residing atNew York, being duly sworn, deposes and says that: On the day of J, , 20 personally mailed at the United States Post Office in �Aa,"A�Ae ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the ( ) Assessors, or( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant' ro y. (Signat e) Sworn to before me t 's aS day of BARBARA H.TANDY Notary Public,State of New York J(► No. 01 TA6086001 (Notary Public Qualified in Suffolk Cou o S (N ry ) Commission Expires PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. • • ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse /i (�/ �0�gent so that we can return the card to you. X 13 Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Dat of Divery or on the front if space permits. S.Lj I Sstp a p7 arN3 1. Article Addressed to: D. 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Article Addressed to: D.Is delivery address different from item 1? ❑Yes I If YES,enter delivery address below: ❑No s C C, i l l V 3. Service Type ❑Priority Mall Express@ II�IIIIIIIIIIIIIIII IIIIIIIiIII�IIIIII�IIII�iII ❑Adult Signature ❑Regis teredMall13R ❑Adult Signature Restricted Delivery Registered Mail Restricted; ❑Certified Mail@ Delivery I 9590 9402 7358 2028 2647 17 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTm ❑Collect on Delivery ❑Signature Confirmation 2. 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PostalService. o RECEIPT ru ru Domestic Mail only , M LIT�m C1i 'tfo6,fX,qi"'3 j tdn , r 1 V P, 1 e v� 1 fU Certified Mail Fee f a $ $4.35 0452 I Extra Services&Fees(check box,add lee te) 117 O ❑Return Receipt(hardcopy) $ ❑Retum Recelpt(electronic): -'.$` ."`y� postmark C3 [I Certified Mall RestrictedDellvery.'.,$, Here _ 0 ❑Adult Signature Required $ � ,77 � ,- ;�' '-•"s''�d?..`�+-.{q �,� 'a El Adult Signature Restricted Delivery$ O Postage + . � V § �� �' s $ X1),66 a ! ll' . � mTotal Postage and Fees j ?��1 O� 02 a. $ $8.56 _ � Sent To � � " ^' ' x•� ` ru r r%- ------- dA ENo O City S ate,Z +4°� ---------------- z 1 erti,jed Iviail Fee s Extra S rvic 5 S {check box,add fee jA � Return Receipt(hardcopy) F eWrn Receipt(electronic) . § . a ; 4:§ Postmark Certified Dail Restricted DOINerrc ?Adult Signature Required �X ,dint Signature Restricted Delivery Postage _ u 66 ° Postage act Feet ��'�� ,�� � ;gee q, �i.t4t f�j'sj 'vle ice` '; iaid :+oAN� ,s..a.a a� .t6 ; .SJ .,^ e,�y'.?.,i`• ta( ru an 8/8/23, 12:50 PM USPS.com®-USPS Tracking®Results USPS Tracking° FAQs > Tracking Number: Remove X 70203160000006233728 &w rZ Copy Add to Informed Delivery(https://informeddelivery.usps.com/) Latest Update Your item was delivered to an individual at the address at 2:49 pm on July 25, 2023 in CLIFTON, NJ 07013. m Get More Out of USPS Tracking: Q USPS Tracking Plus® Delivered Delivered, Left with Individual CLIFTON, NJ 07013 July 25, 2023, 2:49 pm See All Tracking History Text & Email Updates u USPS Tracking PlusO u Product Information u See Less Track Another Package Enter tracking or barcode numbers https://tools.usps.com/go[TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70203160000006233728%2C 1/2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS �t q SOUTHOLD,NEW YORK VOL(VX 66ul &A3 LtC AFFIDAVIT ( y� OF In the Matter of the Application of: POSTING HEAD Of cb�pm a 2 — SCTM No. 1000- (Name of Applicants) (Section, Block& Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, residing at[00D P&unlWd New York, being duly sworn, depose and say that: I am the ( ) Owner or N Agent for owner of the subject property On the_ day of , 20p'�ersonally placed the Town's Official Poster on subject property located at: JO amyx r indicating the date of hearing and nature of application noted thereon, securely upon subject 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 (7) days prior to the date of the subject h r5be aring date was shown to be l9 (Owre) is q Day of J , 20 ai 3 BARBARA H.TANDY Notary Public,State Of New York otar Public No, OITA6086001 y ) Qualified In Suffolk County Commission Expires 9 S' a-7 * near the entrance or driveway entrance of property, as the area most visible to passerby I SEW .,-.,'COMPLETE THIS SECTION COM� THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X `t, ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received b (Print6d Name) C. Date of Delivery or on the front If space permits. i 1. Article Addressed to: D. Is delivery address different from item 1? 13 Yes ISO,aC I+C J je rig° If YES,enter delivery address below: 13No V S®u+hold N q I I On II I IIIIII lll�III I IIIII I'll I Il III II I II I III I I III 3. Service TYP@ 13Priority Mail Express® ❑ iITM ❑Adult Signature Registered Ma El Adult Signature Restricted Delivery ❑Registered Mail Restricted Certified WHO y 9590 9402 7782 2152 9382 35 O Certified Mail Restricted Delivery ❑Signa uure Confirmation? ❑Collect on Delivery ❑Signature Confirm 2. Article Number(Transfer from service label) 13 Collect on Delivery Restricted Delivery Restricted Deliver nsured Mail 7020 316 0 0000 0623 3742 hsured Mail Restricted Delivery ver$500) PS Form 3811;July 2020 PSN 7530 02-000-9053 ;;,%:Ijl3rriestiCReturn Receipt SENDER: COMPLETE THIS SECTION COMPLETE THIS ECTION ON DELIVERY ■ Completq,item 1,2,and 3. A. Signatu ■ Print your name and address on the reverse X ❑Agent i so that we can return the card to you. ❑Addressee r ■ Attach this card to the back of the mailpiece, B. Re ed by(Printed Name) C. Date of Delivery i( or on the front if space permits. I 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes � t t If YES,enter delivery address below: ❑No r 0),- `— �'a�n��c1 , 1•� 11�1Z I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIItIill Jill III ❑duiltSg°nature Restricted Delivery 11 Reistered❑Registeredice Type 13 Priority MaPResirtcted` 9590 9402 7782 2152 9382 42 ❑Certified Mail Restricted Delivery ❑X Certified Mall@ sgna uryre donfirmafioi! �iM�, ❑Collect on Delivery ❑Signature Confirmatio_n,'.: 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery' Restricted Delivery nsured ❑IMail 7 0 2 0 3160 0000 0623 371 1 ❑Insured Mail Restricted,Delivery over$500 Ps Form 3811;Julyi2020 PSN 7530-02-::000;9053 Domestic Return�Receipt —71 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Sl ature ■ Print your name and address on the reverser_ X 13 Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece,; B Received (Pri to Name) Date of Delivery i or on the front if space permits. + 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes i If YES,enter delivery address below: ❑No e?v �Jb�c (Dtb j l a J►L., o-4 l IeW,,2 r 3. ;Service Type13Priority Mail Express® IIIIIIIIIIIIIIIIIIIII �IIIIIIIIIII�llllllllllll ❑Adult Signature ❑Registered Mail 11 Adult R Adult Signature Restricted Delivery Registered Mail Restricted' T�CertifiedMail@ Delivery t'a's;,; 9590 9402 6337 0296 3447 421:1Certified Mail Restricted Delivery ❑Signature Confirmation?M,;; ❑Collect on Delivery ❑Signature Confirmation• 2. Article Number-(Transfer from service/abe/) ❑Collect on Delivery Restricted Delivery., Restricted Delivery` - ; ` 9 Insured Mail ;` , r ! ' 7020' 31610 i ' � 0 3'7 3 5 ail Restricted"Delivery""•'. ""' 0 0'0 6 2 3 I I Irisrired M i '; ' (over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Dome§tic Retta'rn•Ri ceipf BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ®F ®U�� 53095 Main Road•P.O. Box 1179 Patricia Acampora ®� ®�0 Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert, Jr. Town Annex/First Floor Nicholas Planamento 54375 Main Road(at Youngs Avenue) C®UNTI� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 April 21, 2023 RECEIVED Mark Terry, Assistant Town Planning Director APR 2 4 2023 LWRP Coordinator s uo hod Town Planning Board Office Planning Board Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. # 7804 9450 Main Bayview LLC/Marra Dear Mark: We have received an application to construct a new single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairpe Brs Y• Encls Survey/Site Plan AMP Architecture Date : 3/27/23 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ��OF S® 53095 Main Road •P.O. Box 1179 Patricia Acampora �® �® Southold,NY 11971-0959 Eric Dantest Office Location: Robert Lehnert, Jr. Town Annex/First Floor �, ® O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ® a Southold,NY 11971 http://soptholdtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 August 22, 2023 Anthony Portillo AMP Architecture, LLC 10200 Main Road Mattituck,NY 11952 Re: ZBA—Application#7804, Marra 9450 Main Bayview Road, Southold SCTM No. 1000-87-5-22 Dear Mr. Portillo; Enclosed is a copy of the Zoning Board's August 17, 2023 Findings, Deliberations and Determination, the originals of which was filed with the Town Clerk regarding the above variance application. Sincerely Kim E. Fuentes Board Assistant cc: Building Department Planning Department 51TE LAYOUT NOTES: �J w I. THIS IS AN ARCHITECT'S SITE PLAN d 15 GRADING AND GROUND /���� z SUBJECT TO VERIFICATION 5Y A LICEN5ED Y 01SAR w ga t SURVEYOR. THE INFORMATION LIMIT5 OF GLEARINO, REPRESENTED ON TH15 51TE PLAN 15 TO THE W 3 ARCHITECT'S 5E5T OF KNOWLED6E. � ROVAL �J DISTURBANCE 2.SURVEY INFORMATION K S OBTAINED 1 \ PROP. IA ON51TE //yr/►�" o W F�PpAR�RBVEY DATED 11/18/2021 AND /0-e PROP. IAOWT5 shoo o �,g I WASTEWATER SP:631-957-2400 2� ��` I TREATMENT 5Y5TEMAg d~ J -ALICE LAND 5URVEYINC7 O�` 0(5 BEDROOM) Z Wm . .% . ` R� �� PHOTO #2 / m=Y 5> �O PHOTO #1 0 M.Z<w \ NEW PUBLIC J M.ma o a �, 1 �` `�\ PHOTO #3 hY EDGE OF FRESHWATER 4 .I ��� �(` \ WATER BOUNDARY A5 DELIENATED 2 .O' o \ ` / ` �� �r GONNEGTI O =o o-' BY EN-GONSULTANT5, INC. ON \ v /g$ ���`�`�� l �`�r%�O Nltq _ PROP. ENTRY OF Z w OCTOBER 51, 2005 NEW BURIED ELE W S o 3 D.W. CONNECTION a=_ 0 ¢room X \ \ � / �` �7 ` PHOTO #4 R a W r o / �`� PROP. BURIED W W G=Q tV� �,� \ ?/d// //O�• ".� �`� CANTILEVERED 0' /� PROPANE TANK o=3 a o o���2. / \ 71.4' / / \. �`v' WOOD DECK� ry 4-PHOTO #5 w o o / mw��o n w 3 G a c � zm : G �`�/ wx ��� Q 0, sma R rrDRIVE. / / PROP. PROP05ED DWELLING DWELLING S70- .......... , _ 0�T 4 i ��� \ �T r� rym (� m 0 / 0 TEST Rp S $6 w0 n0' `� HOLE A7, i + `, i Q \110 % �� AO,o Q �W . FisIETL ..NDS........... ..................... 6. 4F ,y0 / :...IB 5 : ..... ::::::::: ��o .: LOT DETAILS �_ ENLARIS ED PROPOSED 51 /- Z W DESCRIPTION AREA SCALE: I" = .2c.-O..ACE cr 0 Q p • `?. T'RO.EGT/XONIN6 DA;r�",..--- SMIII LD TOM G90E�D0-207'fA)(I / Iy m O V TOTAL LOT AREA 59599.4 5F. �/� Li N Z 2 LOT SIZE/AREA IN ALLOWABLE TOTAL Q W I-- ,(' 0 WEfLANV 24S7T.1 5F. 45.q% TIJC MAP• 1000-87-05-22 EXCESS OF 20,000 5F. p�l�5F. 9pZ1.7 SF. 6FA 6FA �j Q ✓S/o •• co TOTAL LOT AREA REM.VNIN5 29,021.7 S.F. 54.1% TONINS DISTRICT AC,NON OOigORMIN6 �Poo SOONTAINM6 UP TO 9 5r. F. ` 0 • "•°� LOT AREA 1.2 ACRES ALLOKABLE SF./PLV• LLJ � Q••' M� __� ,._�. 125%OF EXCESS LOT 2JOOA SF. I,IT7.7 S.F. 8 27.7 SF. I$Ti.4 SF. � Qi,•• LOT COVSdA6E VARIANCE APPROVAL PENDING AREA OVER IO,000 5F. Z �� "Y SOUTHOLD TOYl1 GODE.280-124-m FEMA FLOOD ZONE X ZONING RE6ULA71otrs DYBL lN6-"'""'" ,��p� Ua1 / /Ll DESCRIPTION(FOOTPRINT) AREA COVERAR/SE Y'ETL.M'�'DISTRICT PENDING e D TOM=E-2D �� p�q�� a. O TOTAL LOT AREA 59599.4 Sr, DFL DISTRICT PENVIN5 PROP. COWLIM R'�`I�-_ m a. Yo O��Ly "•• TOTAL BUILDABLE AREA 29,021.7 SF. sX:E"0LK COMTY HD APPRDVAL PENDINS 9 BEDROOM MIN.FRONT YARD 90.0' 20.0' NO A AL N,yl ���S "f //S •': PROPOSIw DYELLINS 758.7 5F. 2b% _ _ - PROP�� PROPOSED MIK SIDE YARD 20A' 21A' YES R .4 2023 O,/. •O/.•'• '- HABITABLE 6RO`SS MIK COMBINED SIDE P'` L PROPO.�ENTRY STEPS 42A SF. O.I% �,,,CE , A ,/ 40A' IOID' YES r ARDS PROPO°�2HD STORY BALCONY 40A SF. 0.1% FIRST FLOOR AREA 755.7 5F. 755:f SF. MIK REAR YARD 60A' 7565' YES M , p� ZONING BOARD OFAMAfS N Q TOTAL AREA OF ALL 5'IRUC71JRiF5 540.7 5F. 2.9% SECOtm FLOOR AREA 75D�5F. T56�5F. AMA7(I ,GMT IFROM 55.ol 77,4' NO N MAXIMUM LAT COVERA5E ALLOYED'20% AREA TOTALS IS17.4 5F. IST7.4 REAR YARD(FROM 75A' 793' YES •. PROPOSED SITE PLAN WETLANDS) S.F. di SCALE: I" = 50'-O" a (5 o n Q N Z N w gY PROP05EP TOP 5U zmW3 ELEV. +45.6 �a<� z�wW / oz�= O Q Q S N Q~ O � pW�FQ Z a PROPO/pRIPOE _ 'Z~�g W O=z�� HEIG Qaz -___ Q. w --c' --z N ELEV. +35.6' Q Z LL O W 0 a-�p3 a�zZ S. Z2 Q 0d�-0 Q 1 a z w a \`\ / \ m O w 0 0 SS x R w p S N \ 0z 2 Q 2 O 1 - W Q N U p W?�Z Z s � LLWo� -------------- x — PROPOSED dip w �Z-ao SEGOND F.F. Q N 3 m z=pot ELEV. +25.7' EAST PROPERTY LINE 1 loos. `\ N PROP05ED FIRST F� INI5HED FLOOR ELEV. +15.8' U m AVERAGE GRADE ELEV. +11.8' PROPOSED NORTH ELEVATION (FRONT) Q � ° Q -------- --------------- ui Z N mo LU z = It --------------- 2 0 LU � o Z ` IL \\ \\\ O cr RECEIVED - - - - - - --------------- M APR ,4 2023 N NING BOARD OFAPPEALS M 0 PROPb5E2 SOUTH ELEVATION (REAR) a SCALE, 1/6"- I'-0• Qa �Y GENERAL 5YM50L <EY: N Z N EXISTING To RBAAIN Fad NEW FOURPATION PULL F m a o Z 1 W3 9z�a NEH WOOD FRAFE ¢¢Q 0 N y=W W oz J= U Q U LLJ�at -8" Ir p w s=a z >>�ma ;n PR F. j <°== W N aaazoi PROP. N�aLL= aj BEDROO 12'-0" a o o o _i 125 S.F. -�-- --- - 11, - 3- '-5" �3'-5" 1 z W 0 a ALIMN ROP. ROP. °0 O rn 0 .0W< O_N _ GL L. a„ a=te w c ROP. N W 1 @@II c o�u3�Z � � O DN. BATH. UP DN. __-_ 53 S.F. PROP. MASTER LL W a ' -- k I O N ; = MASTE ry g _ WBEDROOM u16S.F. a~a zaw o _ PROP. PROP BATH. BALCON r p `� BE M 53 S.F. 40 S.F. �o mm u N P P: : 105 55. 2' PROP05ED ROOF FLOOR PLAN PROP05ED 5E00ND FLOOR PLAN U m bq S.F. HABITABLE SPACE;6cI S.F. 5RO55 AREA SCS. 11b"- V-a' 734 S.F. HABITABLE SPACE;734 S.F. OR055 AREA SCALE, I/8'_V-o' -\ ❑ I I n Q� -----6'-1----- — — — D- ----- G ' L11810 UILT BAR' BUIL 0 Q m Q PROP. LIVINGp. ROOM O 204 S.F. UP = N I r I UILT 1 _3.. PR BENCHNINO OOM �_ © n w j - - 150 F. N PROPOSED 10" - I to U w O PROP. KITCHEN I =ry GONG. COLUMNS W ATP. 104 S.F. I KI HELICAL PILE5 Q JO S.F I t' _ AG UNITS Al- LLI i'-4" 1'-4" 8=5° 8'-5" 8'-8"— I a CANTILEVERED 2 0N� ,�-�] TO HOME - -'- 11- 1 - -~ w Lo O 7. 41'-2" a Z DN. m -5'-O"—r LL 0 _ _ o F- _. o T m RECEIVED PROPOSED FIRST FLOOR PLAN PROPOSED FOUNDATION PLAN APR 4 762 S.F. HABITABLE SPACE;762 S.F. GROSS AREA SCALE. 1/0'=r-0' SCALE, 115'=r-0' ci 2 23 N QI ZONING BOARD OFAppEALS M w W o a Q z w Y swam 0 O O W 3 mQQ� Z N W F O z J x Om J¢Q w J p W J F WQ �Fmma moo;W wa m o=z Jw ZOOQN Q f w N aazdw= x zoHw 0 JAZ 3 VIAA zw�waa Oos.0 Na¢wa nxxm mmm I-KE05ED TOP OF BULKHEAD ' a WX`�.a 2 Q W Q 0 ,� ELEV. +45.6' �, o Z =s N W- Q v o:'r-, „?:Z2 mxf 24 20 04 \ Z x Z H QO a z¢ooa p gawwx d N Q V Z U woaoa 0. PROPO ED RIDGE a HE I GHTt ------------- ------ ELEV. m (� m 0 T Q AL PROPOSED U m SECONDDF.FF.d, 21” � ELEV. +25.-7'Y Q (n NORTH PROPERTY LINE p Q� ❑ PROPOSED FIRST FINISC HED FLOOR G ELEV. +1515 _OCL__ Q AVERAGE GRADE ELEV. +11.8' PROPOSED EAST ELEVATION (LEFT) PROPOSED WEST ELEVATION (RIGHT) w SCALE: I/W- 1'-0' SCALP: I/W a I'-0° Z W w � o a � N m O w z = °C 20 in w � o Z qe J Q 0 a. a. RECEIVED Ir 111L APR 4 2073 ZONING BOARD OFAPP N 0 EALS w W c a 4 AlIV V YV 23.6 79.2 232 1. 7 19 2.3.10 is Q2 V % 21.10 21.7 3.6A(.) 7' '0 26 (66) k\ R 1 21.11 ; /' A 8AA 21.12; 238 FOR UNITS Z' SEE SEC.087.01 m J1 23.7 (5, THE COVE AT SOU 21.9 6.SA (COMMONAREA' TOWN OF SOUTHOLD Nnnemva q 11.4 1A($/ 10 96.4A(c) lz .25 41" 122 o C) 21.13 8.3�(c) 3.1A CA rz �4 Creek C.-Y �a 4 -A 12.1 f 45.OA COUNTY OF SUFFOLK,, TOWN OF SOUTHOLD�. 6 9 X j. • 7 IVECKal R SAY q,o Y'Jj- lla'l ;d ge 1% �A 2'1' 1�7 COUNTY OF SUFFOLK Q N NOTICE K V5100o- DSrPJCT NO. 1000 SECTION NO. E Real Property Tax Service AgencymAjNre"cr=,ALTEPA'noft SALE OR Y W E DISTRIBUTION OF ANY PORTION OF THE re TOWNOF SOUTHOLD 300 C-f�Diw.Mw erInd,NY 11901 SUFFOLK COUNTY TAX MAP IS PROHEITED m 087 WITHOUT WRITTEN PEMMSSIDN OF THE aw 100 o x0 w0 P lAUArE OF FeetREAL PROPERTY TAX SUMCE PSEWY