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�� ��`��� rW�� `�i������1���� .� , Owner: Murtha, Gerard File #: 7817 Address: 2662 Long Creek DrL Code: 18RL Agent Info Heather Sanderson 180 Gloria Blvd Hauppauge, NY 11788 Phone: 516-359-0873 Fax: Email: expeditehls@gmail.com BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ��®F $®���® 53095 Main Road • P.O. Box 1179 Patricia Acampora �® �® Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor ® Nicholas Planamento 54375 Main Road(at Youngs Avenue) ® � C0 MV,N Southold,NY 11971 http://southoldtownny.gov �� ZONING BOARD OF APPEALS TOWN OF SOUTHOLD + Tel. (631) 765-1809 S"62023®u k FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 21, 2023 ZBA FILE: #7817 NAME OF APPLICANT: Gerard & Robin Murtha PROPERTY LOCATION: 2662 Long Creek Drive, Southold SCTM No. 1000-56-1-11.17 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated July 16, 2023, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated August 22, 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 CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject property is a 45.6-acre conforming parcel located in a R-80 Zoning District. The property is an irregularly shaped lot consisting of protected land, wetlands, and waterfront property. The property is improved with an existing two-story residence, ground mount solar panels, and accessory metal building. The building envelope for the dwelling and residential accessory structures is surrounded by lands that development rights (PDR) have been sold to Suffolk County, all as shown on survey prepared by Nathan Taft Corwin,III, LS, last revised August 31,2023. BASIS OF APPLICATION: Request for a Variance from Article III, Section 280-15 and the Building Inspector's April 14, 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:2662 Long Creek Drive,Southold, NY. SCTM No. 1000-5 6-1-11.17. RELIEF REQUESTED: The applicant requests a variance to construct an accessory in-ground swimming pool in a side yard where a rear yard location is required. . Page 2, September 21,2023 #7817,Murtha SCTM No. 1000-56-1-11.17 ADDITIONAL INFORMATION: The property has an existing two story single family dwelling with Certificate of Occupancy # 41176, dated June 15, 2020, and an accessory agricultural storage building with C/O # 44010, dated April 11, 2023. There is also an existing ground mounted solar array with C/O#42317, dated September 2, 2021. The proposed accessory pool is located on a portion of the property with development rights intact. The proposed accessory pool does not require any setback or lot coverage variances, which makes this a technical variance due to the irregular shape of the property. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 7,2023, 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 not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed accessory pool is in the architectural rear yard of the existing residence. It is set back from the wetlands and does not require Board of Trustees or New York State Department of Conservation pen-nits. It is also proposed to be set back from the road and cannot be seen from Long Creek Drive. As a result of the size of the property, and location of the proposed pool in the architectural rear yard, there will be no undesirable change in the character of the neighborhood or impact on adjacent property owners. 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. Due to the location of the existing house on the property, and the irregular shape of the lot, there is no other viable area to place the proposed pool than the side yard, which requires an area variance. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 100%relief from the code. However, the proposed pool does not require any setback or lot coverage variances. Due to the irregular shape of the property,there is no other viable location for the proposed pool. 4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and conditions of this board. 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 4267-b. Grant of the requested relief is the minimum action necessaryand adequate to enable the applicant to enjoy the benefit of an accessory inground swimming pool 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 Planamento,seconded by Member Dantes,and duly carried, to GRANT the variance as applied for and shown on the survey by Nathan Taft Corwin, II1, Land Surveyor,dated last revised: August 31, 2023. Page 3, September 21,2023 #7817,Murtha SCTM No. 1000-56-1-11.17 SUBJECT TO THE FOLLOWING CONDITIONS: 1. Pool pump equipment/mechanicals must be located a minimum of 20 feet from any property line or be contained in a shed type enclosure with a lot line set back that is in conformance with the bulk schedule for accessory structures 2. Drywell for pool de-watering shall be installed. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. IMPORTANT LIMITS ON THE APPROVAL(S) GRANTED HEREIN Please Read Carefully Any deviation from the survey, site plan and/or architectural drawings cited in this decision, or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings,siteplan and/or survey cited above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. TIME LIMITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration,grant an extension not to exceed three(3) consecutive one(1) year terms.IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN.Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief,and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Planamento,Acampora, and Dantes(3-0)(Members Weisman and Lehnert Absent). i h as J. Planamento, Vice Chair Ap ed for filing / Z/2023 SITE PLAN FOR MURTHA AG BARN P/0 LOT 5 SUBDIVISION PLANSEP — 6 2023 MILL CREEK PRESERVE FILE No. 11216 FILED JANUARY 28, 2005 ZONME10ARDOFAPPEALS SITUATE ARSHAMOMAQUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-56-01 -11 .17 SCALE 1 "=100' MARCH 25, 2020 APRIL 30, 2021 ADD ADDITIONAL NOTES SEPTEMBER 17, 2021 REVISE SITE PLAN OCTOBER 20, 2021, 2021 REVISE FENCE NOVEMBER 5, 2021 REVISE SITE PLAN APRIL 7, 2022 ADD PROPOSED POOL ON S.C. TAX No. 1000-56-01-11.3 AUGUST 2, 2022 LOCATE NEW BUILDING J31LDDDDLPTDHT AUGUST , 203ADEVELOPMENT AREAS AREA = 1,985,843 sq. ft. NOTES: 45.589 ac. 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: EXISTING CONTOUR LINES ARE SHOWN THUS: PROPOSED CONTOUR LINES ARE SHOWN THUS: FIRST FLOOR GARAGE FLOOR 2. MAP FROM OFFICE RECORDS FINAL MAP REVIEWED BY ZBA DECISION# �: X17 N DATED: �► ) o --'� I \\ ?2j9NIS S S3'' £ 1516 9 1cc, \ , 01 W N O I " TEST HOLE DATA jo o N (TEST HOLE B-3 AS SHOWN ON SUBDIVISION MAP) r F, DARK BROWN SILTY LOAM OL •Opc�p, / m I ; \` BROWNLOAMY SILT ML a '3S�•S8 0 10' PALE BROWN FINE TO COURSE SAND SW (; _ 4 3 t WATER IN PALE BROWN FINE TO COURSE SAND SW 0 r A (-'7Al CID \1 ry / \ •2 LOT O1 & + O LONG CREEK DRIVE ,, 4.37 ('s q0, LOTIto / h •sp• O W b / / /� /� � `` � 1 \ `N vy 1 25 53. E O N \` / // /// 'S ti 217,43. 50. RlGhrT N 2 \ 53 E °p marrn 3 LOT ® Z �,_-- I ( 5 n 65.66' :'^ N N 7 50 5,53" E moo• `�'___j I ((� \\ N' LOT ® +r) W .00 O LOT 5� I N v1 N 67'00'33' E a I 5.�3 st• \` a20°: 13.56 329.36' � F \ �_ N 63'04'13" E 300.00' C) S 88.3g30' \� -J I J rn Or AsDEUNFRESA >>p \�qPps 58 \ 1 z \ N O �tS� L4 W \ W h 102 >HE fc s 19°E \ F ----�> 1 •D. 00 314.47, 9g � � 0 M. .ALI AL `� 1N ; I m �� " ,O 1 o. ° DEVELOPMENT I Cl c RIGHTS SOLD I I 1 Z � 3 I /1/ 84. ��, >> � M�of c N +N ! \ 14;.21,, f d 'y eY R �lllc C \ ?e�pd a I u LOT5� 5 A�.50'�3�' \\ 1 S 14'26'27" E I I 47,18 I r O 1 11 1rn > •h00 N DEVELOPMENT �IIL r' 1 co RIGHTS SOLD iFil O c0 y \ a o z z1 52 AL + Z40 iwo 0o u: N AS 60 h 00 w i z • o - R WETLANDS r''m U b -0 OF FRESHWATER IL w oo, �•50 ��, % jL � TAT HOLE B3 LIMIT REVISED DEC v� ro m y 0 LOT 5O N 6� \d s N D N o y y DEVELOPMENT 1r ' `� y Fq RIGHTS RETAINED �- Jp y ` ,� ESHWATER WETLANDS 5 p 1 Of�P_Gt1P LIMIT OF RRE,4SED BY DEC OsC o rA ztA \ �`�° °°yn ` � � �yNaFENCE AS ReQUWWoWa_ IL 14 CpDf IL 0 BOY �'II,, r t4 1 oG ! ?° O fir. ♦ .9. ]11fL +�� 0 o D 1 Qo`❑ I,p,p N" G7 CID S 68.23'03" W Ar 96.80t 3 96.80' r N ,n/p Z W y „ W LOT OO^0• V, j ��• 9'33 v V Cb 5 m N w LOT D Y+"�5VFF0 9 (F. O V 1C� OF No.g�9 rn F O D O z h o� � O M.I���ry�� O � N �/ 41. 237.83' V O 'a] tG En C POND AVENUE 25.15 10.00• j j S 63'04'13" W 557.20' TN OF0 F I �I P/0 LOT SOUTHOLD I I (P�& RECREATION AREA) j o 4 n y O O Q1CZ" -3 -4 tD O � � � � b W G'.1. "'tN 67.44'43" E Z 177,1.2' cn 79-14- 224 goo IC ILIALI S 67'44'43" W MILL 0 w 208.00' S 79-1443 g•1 AATx r" t w P 2.24. 24 903' W Tp jp�, OF sOUTli'ollj 5 51.2,3',+ w UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE MINIMUM Nathan Taft Corwin III STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND Land Surveyor TITLE ASSOCIATION ``���111111/lI� OF N ..•••• •�� Y i . O i� Successor To: Stanley J. Isaksen, Jr. L.S. ,r,P: �PFT Oq��%� Joseph A. Ingegno L.S. Title Surveys — Subdivisions — Site Plans — Construction Layout PHONE (631)727-2090 Fax (631)727-1727 \O r OFFICES LOCATED AT MAILING ADDRESS P.O. Box 16 t<` p q 1586 Main Road ���'SF''• •" 5�j<'`�� Jamesport, New York 11947 Jamesport, New York 11947 �/� AND N.Y.S. Lic. No. 50467 E—Mail: NCorwin3®aol.com TRACK FOR POOL NOTES: VINYL LINER 1.POOL AND PROPERTY TO CONFORM TO 2020 NYS UNIFORM FIRE PREVENTION AND BUILDING RECEIVED CODE,TOWN OF SOUTHOLD CODE AND 2017 NATIONAL ELECTRIC CODE. 2.POOL SHALL CONFORM TO ANSI/APSP/ICC 5 STANDARDS R326.3.1. PUMP VINYL LINER 3.SECTION R326.7 POOL ALARM REQUIRED. FILTER JUN 0.6 2023 �.0" 4.POOL SHALLCOMPLY WITH BARRIER REQUIREMENTS SECTION R326.4. SKIMME FOAM PADDING 3,500 PSI S.POOL SHALL COMPLY WITH 2020 ENERGY CONSERVATION CONSTRUCTION CODE OF NYS SECTION (TYP•) eals a CONCRETE R403.10: Zoning Board of App a POOLS AND PERMANENT SPA ENERGY CONSUMPTION(MANDATORY). f SECTION R403.10.1 HEATERS SECTION R403.10.2 TIME SWITCHES eREBAR . SECTION R403.10.3 COVERS ~` I #4 MIDDLE ° d 42" 6.REBAR SHALL BE 3"MIN.CLEAR TO EARTH. I PROPOSED VINYL TSP' & BOT. RETURN 7.LOCATION OF PROPOSED SWIMMING POOL AND POOL EQUIPMENT BY OTHERS AND SHALL • I I SWIMMING POOL a ' COMPLY WITH ALL LOCAL ZONING REQUIREMENTS. 3 , o e 8.ALL DRAIN COVERS TO MEET ALL REQUIREMENTS OF THE VIRGINIA GRAEME BAKER(VGB)POOL MIN.)I 512 S.F. 16 AND SPA SAFETY ACT. I I DUAL MAIN DRAINS ° a 9.SLOPE PATIO SURFACE 1/4"PER FOOT AWAY FROM POOL. I WITH STRAINER (VGB 1O.BACKFILL MATERIAL TO BE FREE DRAINING GRANULAR MATERIAL(NO CLAY OR LARGE ROCKS). SAFETY ACT APPROVED 11,SUCTION OUTLETS SHALL BE DESIGNED AND INSTALLED IN ACCORDANCE WITH ANSI/APSP/ICC 7. DRAINS) ° 12.ENTRAPMENT PROTECTION REQUIRED SECTION R326.5. / s I STEPS a 13.POOL WALLS ARE NOT DESIGNED FOR SURCHARGE LOADS EXERTED BY WHEEL LOADS WITHIN SIX (6)FEET OF POOL WALL FROM CONSTRUCTION EQUIPMENT OR ANY OTHER LOADING CONDITION IMPOSED ON THE POOL STRUCTURE BY EXISTING OR PROPOSED ADJACENT STRUCTURES. 32' 14,NO DIVING EQUIPMENT PERMITTED. TYPICAL MALL DETAIL 15.CONTRACTOR SHALL VERIFY SOIL BEARING LOADS PRIOR TO INSTALLATION OF POOL. 16.THIS PLAN IS FOR CONSTRUCTION ON PROPERTY AT 2662 LONG CREEK DRIVE,SOUTHOLD,N.Y. SCALE: a/4" = V-0" 11971 ONLY. _ 17. REINFORCING STEEL SHALL BE INTERMEDIATE GRADE BILLET STEEL WITH A MINIMUM LAP OF 30 NOTE: POOL PLAN THIS IS A NON-DIVING POOL. NOT TO SCALE NOTES: 18,HM ENGINEERING,P.C.SHALL NOT BE RESPONSIBLE FOR CONSTRUCTION MEANS,METHODS, SHALL BEAR ON UNDISTURBED SOIL TECHNIQUES OR PROCEDURES UTILIZED BY THE CONTRACTOR,NOR FOR THE SAFETY OF THE PUBLIC 2.ALL CONCRETE SHALL Br:PLACED AS A MONOLITHIC POUR. OR CONTRACTOR'S EMPLOYEES,OR FOR THE FAILURE OF THE CONTRACTOR TO CARRY OUT THE WORK IN ACCORDANCE WITH THIS PLAN. 3'_4" CONCRETE WALL TSEE SECTION HIS SHEET) UNDISTURBED 1 1/2- TO WASTE EARTH (TYP.) 2' 6' 8' 16' HAIR do LINT STRAINER PUMP 3" COMPACTED SAND FILTER AUTO SKIMMER POOL PROFILE NOT TO SCALE POOL BACK TO POOL GENERAL NOTE: ALL MANUFACTURED ITEMS AND CONSTRUCTION SHALL COMPLY WITH THE 2020 RESIDENTIAL CODE OF NYS,INCLUDING THE SPECIFICATIONS IN SECTION R326. 2 MAIN DRAINS �CHEMA11C PIPING ARRANGEMENT WITH HYDROSTATIC PREPARED _ VALVE AND COLLECTOR MURTHA gESIDENCE NOT TO SCALE N GRAVEL BASE 2662 LONu CREEK DRIVE JIDWITH HOLD, N.Y 11971 DATE: 04/0112021 NOTE: ✓� :� HM ENGINEERING, P.C. SCALE: AS SHOTHESE PLANS ARE AN INSTRUMENT OF SERVICE AND ARETHE PROPERTY OF HM ENGINEERING P.C.. �j / SHEET: 1 OF1 UNAUTHORIZED ALTERATIONS OR ADDITIONS TO THESE DOCUMENTS AREA VIOLATION OF SECTION 7209 OF THE ! ! P.O.BOX 914 EAST N7671 EmRT,NY 11731NEW YORK STATE EDUCATION LAW.INFRINGEMENTS WILL BE PROSECUTED. LIT RAI;ED SEAL AND BLUE SIGNATURE Tel:(516)476-5392 Fax:(631)980-7671 Email:hmarnika@optonline.net RESIDENTIAL CONCRETE VINYL LINER POOL PLAN cit - '2 COUNTY OF SUFFOLK RECEIVED JUN 1:6 202 3 STEVEN BELLONE (� SUFFOLK COUNTY EXECUTIVE Zoning Board of Appeals DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING SARAH LANSDALE CHRISTOPHER GONZALEZ COMMISSIONER ELISA PICCA CHIEF DEPUTY COMMISSIONER DEPUTY COMMISSIONER June 16, 2023 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Gerard&Robin Murtha #7817 P 2021 QPRT Berry #7818 Gregory Couch #7820 Very truly yours, By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning &Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 i-� of s0�r OFFICE LOCATION: O�� y�l MAILING ADDRESS: Town Hall Annex O P.O.Box 1179 54375 State Route 25 l Southold, NY 11971 0cor.Main Rd. &Youngs Ave.) y Southold, NY 11971 Q Telephone: 631765-1938 g ),XIA COUNTY,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEDED AUG 2 2,2.02� To: Leslie Weisman, Chair Zoning B� f Appeals Members of the Zoning Board of Appeals From: Mark Terry, AICP Assistant Town Planning Director LWRP Coordinator Date August 22, 2023 Re: LWRP Coastal Consistency Review for ZBA File Ref GERALD AND ROBIN MURTHA #7817 SCTM No. 1000-56-1-11.17. GERALD AND ROBIN MURTHA#7817 -Request for a Variance from Article III, Section 280-15 and the Building Inspector's April 14, 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: 2662 Long Creek Drive, Southold,NY. SCTM No. 1000-56-1-11.17. 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 variance is CONSISTENT with the LWRP review provided: 1. The high groundwater level is acknowledged in the design. 2. Potable water projections require additional sourcing to maintain future supply, and all practices to prevent evaporation of the pool water are recommended. 3. Consider less impactful chemical-treated and more environmentally friendly water chemistry in the pool. 4. Dewatering dry wells are recommended. 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 9/6/23,8:08 AM Secure Messagft — ..TEV- ® RE: Murtha - SCTM 1000-56-1-11.17 Kerr, Mikael <Mikael.Kerr@suffolkcountyny.gov> 09/05/2023 at 03:03 PM �t o ZONING BOARD OFAppFALS, From: Kerr, Mikael <Mikael.Kerr@suffolkcountyny.gov> Sent: 09/05/2023 at 03:03 PM To: Westermann, Donna <donnaw@town.southold.ny.us>, kim.fuentes@town.southold.ny.us , Amakawa,Andrew<Andrew.Amakawa@suffolkcountyny.gov>, Hamm, Christina<Christina.Hamm@suffol kcou ntyny.gov>, elizabeth.sakarellos@town.southold.ny.us Cc: 1 Attachment(s)Total 431.7 KB View RECEbW ® 39-280D.pdf(431.7 KB) Download SEP 2023 Hi Donna, ZCNM(;BOARD OFAp,�LS - We received a new survey from the applicant which more clearly shows that the proposed pool does not encroach on the County's Development Rights area.At this time, we no longer have any comments. Thank you for accommodating our review of the application. Best regards, Mikael Kerr Farmland& Open Space Supervisor Suffolk County Division of Planning & Environment 631-853-8276 From: Kerr, Mikael <mikael.kerr@suffolkcountyny.gov> Sent: Tuesday,August 29, 2023 9:44 AM To: Westermann, Donna <don naw@town.southold.ny.us>; kim.fuentes@town.southold.ny.us;Amakawa,Andrew <And rew.Amakawa@suffol kcountyny.gov>; Hamm, Christina <Christina.Hamm@suffolkcountyny.gov>; elizabeth.sakarellos@town.southold.ny.us Subject: RE: Murtha-SCTM 1000-56-1-11.17 Thank you, Donna, and sorry for the delay in notifying you. Due to the PDR parcels being merged at some point, it wasn't immediately apparent on GIS and flagged for our unit. I'll look out for a message from the Agent and keep your office posted on any communications I have with them. Best regards, https://login-us.mimecast.com/m/secure/app/print.jsp?sid=6U 12SB_PoklVvbrMQkoLrAeyJhbGciOiJQQkVTMi1 IUzl1 NitBMT14S1 ciLCJIbmMi0iJBMT14... 1/4 9/6/23,8:08 AM Secure Messaging Mikael Kerr Farmland & Open Space Supervisor Suffolk County Division of Planning &Environment 631-85378276 From: Westermann, Donna <don naw@town.southold.ny.us> Sent: Monday,August 28, 2023 1:42 PM To: Kerr, Mikael <mikael.kerr@suffolkcountyny.gov>; kim.fuentes@town.southold.ny.us;Amakawa,Andrew <And rew.Amakawa@suffolkcou ntyny.gov>; Hamm, Christina <Christina.Hamm@suffolkcountyny.gov>; elizabeth.sakarellos@town.southold.ny.us Subject: RE: Murtha-SCTM 1000-56-1-11.17 Mimecast Secure Message—Highly Sensitive Content Maintain the message's security by replying via the Mimecast Secure Messaging web app, or selecting the'Send Secure'option in a Mimecast Application. Hi Mikael, Kim has asked me to respond to your email below. Kim has contacted the agent, and provided her with your contact info and email below. We have asked the agent to request an adjournment until this matter is resolved, and contact an attorney. Thank you for your assistance in this matter. Donna Westermann Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 (631)765-1809 From: "Kerr, Mikael" <Mikael.Kerr@suffolkcountyny.gov> Date:08/28/2023 at 01:06 pm To: "kim.fuentes@town.southold.ny.us"<kim.fuentes@town.southold.ny.us> Cc: "Amakawa,Andrew" <Andrew.Amakawa@suffolkcou ntyny.gov>,"Hamm, Christina" <Christina.Ham m@suffolkcou ntyny.gov>,"don naw@town.southold.ny.us" <don naw@town.southold.ny.us>,"elizabeth.sakarellos@town.southold.ny.us"<elizabeth.sakarellos@town.southold.ny.us> Subject: RE: Murtha-SCTM 1000-56-1-11.17 Hi Kim, I hope all is well. Unfortunately, the County IT services block the download link so we cannot see all the files, but do you know if the applicants survey accounted for the land from which the County acquired Development Rights (PDR)? https://login-us.mimecast.com/m/secure/app/print.jsp?sid=6U 12SB_PoklVvbrMQkoLrAeyJhbGciOiJQQkVTMi 1 IUz11 N itBMT14S 1 ciLCJlbmMiOiJBMTl4... 2/4 9/6/23,8:08 AM � Secure Messaging We did a quick calculation based on our development rights surrey compared to this new survey and it appears that the pool extends into the area where the County purchased development rights.A pool would not be allowed on land where the County purchased development rights as per Chapter 8 of Suffolk County Code. Attached is the development rights survey and the applicants survey with our calculations of the development rights area outlined and highlighted. We did not do an exact calculation which is why I'm curious as to whether the applicant accounted for this. If they did not,we would ask that the applicant produce a survey with the development rights overlayed to ensure the pool is not encroaching onto the PDR area. Thank you and please let me know if you have any questions or need anything from us. Best regards, Mikael Kerr Farmland & Open Space Supervisor Suffolk County Division of Planning &Environment 631-853-8276 From: Fuentes, Kim <> Sent: Monday,August 28, 2023 11:09 AM To: Hamm, Christina <> Cc: Sakarellos, Elizabeth <>; Westermann, Donna <> Subject: Murtha-SCTM 1000-56-1-11.17 Christina, Per your request, please see attached survey, SCTM, and link below. This matter is scheduled for a Public Hearing on September 7, 2023. Let me know if you need any additional information. Please send your comments to the Zoning Board of Appeals at the email address below. Thank you. https:Ulogin-us.mimecast.com/m/secure/app/print.jsp?sid=6U12SB_PoklVvbrMQkoLrAeyJhbGciOiJQQkVTMil lUz11 NitBMT14S1 ciLCJlbmMiOiJBMT14... 3/4 9/6/23,8:08 AM Secure Messaging 1 Kim E. Fuentes Board Assistant Zoning Board of Appeals �l Coordinator, Historic Preservation Commission 631-765-1809 Location: 54375 Main Road Mail: P.O. Box 1179 Southold, NY 11971 Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it.If you are not the recipient,you are hereby notified that any disclosure,copying,distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware,and may have been automatically archived by Mimecast,a leader in email security and cyber resilience.Mimecast integrates email defenses with brand protection,security awareness training,web security,compliance and other essential capabilities.Mimecast helps protect large and small organizations from malicious activity,human error and technology failure;and to lead the movement toward building a more resilient world.To find out more,visit our website. Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website. https://login-us.mimecast.com/m/secure/app/print.jsp?sid=6Ul2SB_Pok[VvbrMQkoLrAeyJhbGciOiJQQkVTMil IUzl1 NitBMT14S1 ciLCJlbmMiOiJBMT14... 4/4 SITE PLAN FOR MURTHA AG BARN P/0 LOT 5 SUBDIVISION PLAN MILL CREEK PRESERVE FILE No.11216 FILED JANUARY 28,2005 SITUATE ARSHAMOMAQUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-56-01-11.17 SCALE 1"=100' MARCH 25, 2020 APRIL 30,2021 ADD ADDITIONAL NOTES SEPTEMBER 17,2021 REVISE SITE PLAN OCTOBER 20,2021,2021 REVISE FENCE NOVEMBER 5,2021 REVISE SITE PLAN APRIL 7,2022 ADD PROPOSED POOL ON S.C.TAX No. 1000-56-01-11.3 - AUGUST 2,2022 LOCATE NEW BUILDING JULY 26 2023 ADD PROPOSED POOL 01 AUGUST 31,23 ADD DEVELOPMENT RIGHTS AREAS AREA=1.985.843 R9.11. NOTES. 45.589 Oc. 1.ELEVATIONS ARE REFERENCED TO N.G.V.D.1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: EXISTING CONTOUR LINES ARE SHOWN THUS: PROPOSED CONTOUR LINES ARE SHOWN THUS: 2.MAP FROM OFFICE RECORDS 2279s, f \ I \ X's Sa 02 6 \ M i\ \� __ 1p TEST HOLE DATA o - (TEST HOLE B-J AS SHOWN ON SUBOMSION MAP) 4. 'n Y4ff 9`P� b b / £ I \ '\ Ban UWM tiry yah 7 Low,m,uL ? , 857 5 I ,\ •\ �� /o, f77. \ \\ G JB M 10 MUF=F BANG sw QO \ / � \ ?•`` `�„o BROeN ONE M COURSE B . C'O ♦,rte \� ��! // > •� n '/ /WTJ' \ \\ Sy LOT OI P � LANG CREEK DRIVE o T'W si 4.87 .aygty LOT® N>T23•°JC -���. �.`__."'- _50 /Ob 2r7,4J•_ �-Tj+2$�J�--�.���T OP SAY y 2 \.\ � �y9y /7J" d E ---..-----'� LOT® z > l l I /°i N 75'25'53"� E `-� S LOT OI yih m SO.DO' •�N LOT© `` `\o 1�0�J \ �\ = N r N 67.00'33'E 329.35' 1E I =r el vo \ _ / \\ N 63'04'13" E 300.00' moo;&Be°ee\ seA. � � ` � `J t w AS °F'A \ ,\ §` UO $77,71'$6" 1N AI4 '"rtn ArEa"Lav "� W 6 ALA DO y9� 314.47• w 'IL .°.I LLL £ 1 r b/ DEVELOPMENT I I/ s• �C'•Cn RICHTS SOLD I N o 111E sW- ,14 1 I436714, 1•• y0 01 LOTsQ A550.5.6 AIL. $ I rIm S 5 211}\ ii 147.18 " 47,I8 E� X11 gl! ym 1: DEVELOPMENT ° !LIGHTS SOLD N �.I U& AL IL AL oD DS OF iPE`.M MEP WE.Ec,k T' 0 yRy Ln S w aas 6}•- .°„ = TE" As PmsEn�o� L � o� -qo C LOT DEVELOPMENT \Z. 1>• CJ RIGHTS RETAINED .AyH UNn�S��p g!oEeVRDS 45 O St� AL AL " HA2 �;z a g„ •, �7. alt, 3 ❑ '�, S I r,E ,' `EL, N y yo S 66'23'03"W AT125 s` 96,80' M, �S q D g w LOT ' m❑ 5 A5 __ 2 M' 4 l ro O•f w T1t�OV4•,oOL cDB� SFo+o m PIS QP6E6s'N eeX ofR�P ••Spy OF 19 Irl ❑ z r O 114 C7 �b - w*�i pqs —�.� LVS POND AVENUE +, SE /P P 15 63'04'13"W 557.20' H/W`UTum u P/0 LOT OB �f+1� OTlows (PARK TOWN RECREATION AREA) ■IONY'�iO-I-V' �y ny yb On C US N 67'44'43"E z 177.12' m N 7g.74,43 OLD M14.90, f 5 67.44'43"W PATH 1.1 e+u, 208.00' 7. 4.9 4 SIM DP'VOV-40 5 5�4T;j"w UNAUM I—ALRRAHON OR AM.. SEOTON 130809 aGTHEHN[WDYORK STATE coplaz ms SURd NAP NOT BEMINO MSSEO BIS=EAU_NOi BE M.SSOEREO TO BE A VALID TRUE MRI. ONLY TO iGi1HESPEH50GN�fOH XHON ME LUR% CMiRSNY. ON AGENOLI'TMANO TON1HE ASSOUEES D<THE IFNDINOINµ51Ol- MION.cERGf1OAMUS ARE Nm iWH51ER—. THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD.IF ANY,NOT SHOWN ARE NOT GUARANTEED. =;N D��;�:B.�EITZ.EED Nathan Taft Corwin III 1AS CUO.H H`"�roRX=A E u D Land Surveyor Successor To:St.,Ig J.le0keen,J,.LS. Jou A!Opp.L.S. Dfle Survey'-SU6Cni:tune- SI,Pbne- Co tmd.lon LeroUl PHONE(631)727-2090 Fox(631)727-1727 OMCES LOC47ED AT MAILING AGGRESS 1586 NOIn Rood P.O.B.A 16 JRmesporl,Na„York 11947 JOmeapcd,NeN York 11947 N.Y.S.Ui.No.50487 E-Nail:NC,min30MLMm REC'EIVEDCOUNTY OF SUFFOLK Nub 3 0 2004 Southold Town Cler-1 STEVE LEVY SUFFOLK COUNTY EXECUTIVE PATRICIA S.ZIELENSKI A DEPARTMENT OF PLANNING DIVISION DIRECTOR November 17,2004 DIVISION OF REAL ESTATE Michael J. Verity,Chief Bldg. Insp. Town of Southold 53095 Main Road Southold,NY 11971 Re: Owner: Edward Ernst and Angela Norton TM#: f/k/a 1000-056.00-01.00-p/o 011.001 n/k/a 1000-056.00-01.00-011-007, 011-008,011.009, 011.010 SUFFOLK COUNTY FARMLAND PROGRAM-1/4%DRINKING WATER PROTECTION Dear Mr.Verity: The County is now the owner of the development rights to the property identified in the survey enclosed. We request that no building permits should be issued for any improvements or development on the subject property, unless the Suffolk County Farmland Committee has consented to the application in advance. Thank you for your anticipated cooperation. Yours truly, Patricia B. Zielenski Division Director PBZ:BZ:1ac2916 Enclosures cc: Thomas Isles,Director,Planning Department Gerry Goehringer,Rental/Inventory Unit William Hillman,P.E.,Chief Engineer,DPW (w/Deed) Elizabeth A. Neville,Town Clerk Scott A. Russel,Town Assessor (w/Survey) Valerie Scopaz,Town Planner LOCATION MAIUNG ADDRESS K LEE DENNISON BLDG.-Y^FLOOR P.O.BOX 6100 1:811 868-5972 100 VETERANS MEMORIAL HIGHWAY + HAUPPAUGE,NY 11768-0089 + FAX(:811 869-6906 Int•�� r ♦ Sent Items 9Y'RE: Murtha... Compose --' - -- -- — "--"�- --DCICLCU,ILCI I IJ Reply >ffi Mark RE: Murtha - SUM 1000-56-1-11.17 Kerr, Mikael <mikael.kerr@suffolkcountyny.gov> 08/29/2023 at 09:43 AM E To: Westermann, Donna <donnaw@town.southold.ny.us> and 4 others Details From: Kerr, Mikael <mikael.kerr@suffolkcountyny.gov> Sent: 08/29/2023 at 09:43 AM To: Westermann, Donna<donnaw@town.southold.ny.us>, kim.fuentes@town.southold.ny.us, Amakawa,Andrew<Andrew.Amakawa@suffolkcountyny.gov>, Hamm, Christina <Christina.Ham m@suffolkcountyny.gov>, elizabeth.sakarellos@town.southold.ny.us Display Images A For your security, images are not being displayed. Consider this before displaying them. Thank you, Donna, and sorry for the delay in notifying you. Due to the PDR parcels being merged at some point, it wasn't immediately apparent on GIS and flagged for our unit. I'll look out for a message from the Agent and keep your office posted on any communications I have with them. Best regards, Mikael Kerr Farmland &Open Space Supervisor Suffolk County Division of Planning& Environment 631-853-8276 From: Westermann, Donna <don naw@town.southold.ny.us> Sent: Monday,August 28, 2023 1:42 PM To: Kerr, Mikael <mikael.kerr@suffolkcountyny.gov>; kim.fuentes@town.southold.ny.us;Amakawa,Andrew <And rew.Amakawa@suffol kcou ntyny.gov>; Hamm, Christina <Christina.Hamm@suffolkcountyny.gov>; elizabeth.sakarellos@town.southold.ny.us Subject: RE: Murtha-SCTM 1000-56-1-11.17 Mimecast Secure Message—Highly Sensitive Content Maintain the message's security by replying via the Mimecast Secure Messaging web app, or selecting the'Send Secure'option in a Mimecast Application. Hi Mikael, Kim hac ackari ma to racnnnri to vnl jr amail halnw Kim hac rnntartari tha anant nnri nrnviriari har with vnl Ir nnntnnt info Fuentes, Kim From: Fuentes, Kim Sent: Monday, August 28, 2023 3:11 PM To: Eric Dantes; lesliew@town.southold.ny.us; Nicholas Planamento; Patricia Acampora; Rob Lehnert Cc: Sakarellos, Elizabeth;Westermann, Donna; McGivney, Julie; Mirabelli, Melissa Subject: ZBA Murtha #7817 Attachments: Pool Area Zoom (highlight).pdf;,Scan Aug 28, 2023.pdf Hi, I received a call from a Christina Hamm of SC Planning, Farmland division. I've been informed by her, and via email below from Mickael Kerr, that the Murtha proposed pool may be located on a portion of SC PDR lands. I've informed the applicant's expeditor, Heather Sanderson, about these inquiries from the County Farmland Division and forwarded her contact information. I suggested that the applicant seek legal counsel and that she adjourn the matter until it is resolved with the County. Kim E. Fuentes Board Assistant Zoning Board of Appeals Coordinator, Historic Preservation Commission 631-765-1809 kim&southoldtownny.gov Location: 54375 Main Road Mail:P.O. Box 1179 Southold, AY 11971 From:Westermann, Donna <donnaw@town.southold.ny.us> Sent: Monday,August 28, 2023 1:21 PM To: Fuentes, Kim <kim.fuentes@town.southold.ny.us> Subject:email - Murtha Kerr, Mikael <Mikael.Kerr(osuffolkcountyny.4ov> Sent: 08/28/2023 at 01:06 PM To: kim.fuentesCa)town.southold.ny.us Cc: • Amakawa,Andrew<Andrew.Amakawa(ccD-suffolkcountvny.Qov>, • Hamm, Christina <Christina.Hamm(cDsuffolkcountyny.gov>, • donnaw(a)town.southold.ny.us, • elizabeth.sakarellos(a)town.southold.nv.us Hi Kim, I hope all is.well. Unfortunately, the County IT services block the download link so we cannot see all the files, but do you know if the applicants survey accounted for the land from which the County acquired Development Rights(PDR)? We did a quick calculation based on our development rights survey compared to this new survey and it appears that the pool extends into the area where the County purchased development rights. A pool would not be allowed on land where the County purchased development rights as per Chapter 8 of Suffolk County Code. Attached is the development rights survey and the applicants survey with our calculations of the development rights area outlined and highlighted. We did not do an exact calculation which is why I'm curious as to whether the applicant accounted for this. If they did not, we would ask that the applicant produce a survey with the development rights overlayed to ensure the pool is not encroaching onto the PDR area. Thank you and please let me know if you have any questions or need anything from us. Best regards, Mikael Kerr Farmland &Open Space Supervisor Suffolk County Division of Planning & Environment 631-853-8276 From: Fuentes, Kim <kim.fuentes(cDtown.southold.ny.us> Sent: Monday, August 28, 2023 11:09 AM To: Hamm, Christina <christina.harnm(&suffolkcountyny.gov> Cc: Sakarellos, Elizabeth <elizabeth.sakarel los(cDtown.south old.ny.us>; Westermann, Donna <donnaw(a)town.south old.n}.us> Subject: Murtha- SCTM 1000-56-1-11.17 Christina, 2 1 ' Per your request, please see attached survey, SCTM, and link below. http://24.3 8.28.228:2040/weblink/O/cdoc/1310761/7817%2OMui-tha%20applicatiori%20survey_. pdf This matter is scheduled for a Public Hearing on September 7, 2023. Let me know if you need any additional information. Please send your comments to the Zoning Board of Appeals at the email address below. Thank you. Kim E. Fuentes Board Assistant Zoning Board of Appeals Coordinator, Historic Preservation Commission 631-765-1809 kim, aAoutholdtownsy,gqy Location: 54375 Main Road Mail:P.O. Box 1179 Southold, NY 11971 AovwA westermavuv. ZDKI'v 1oaroi of AppeaLs Town of SokthoLol P.®. pox 1-17�9 Sov±HOLd, NY 11-971 3 8/28/23, 1:43 PM Suffolk County Secure Mess • r t Sent Items / Compose Moent Items 1-t_J t-.___ L1,CIClCUIILCIIIJ` ' Reply .. Mark RE: Murtha - SCTM 1000-56-1-11.17 Westermann, Donna <donnaw@town.southold.ny.us> 08/28/2023 at 01:42 PM To: Kerr, Mikael <mikael.kerr@suffolkcountyny.gov> and 4 others Details Display Images A For your security, images are not being displayed. Consider this before displaying them. Hi Mikael, Kim has asked me to respond to your email below. Kim has contacted the agent, and provided her with your contact info and email below. We have asked the agent to request an adjournment until this matter is resolved, and contact an attorney. Thank you for your assistance in this matter. Donna Westermann Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 (631)765-1809 From: "Kerr, Mikael" <Mikael.Kerr@suffolkcountyny.gov> Date: 08/28/2023 at 01:06 pm To: "kim.fuentes@town.southold.ny.us" <kim.fuentes@town.southold.ny.us> Cc: "Amakawa,Andrew" <Andrew.Amakawa@suffolkcountyny.gov>,"Hamm, Christina" <Christina.Hamm@suffolkcountyny.gov>,"don naw@town.southold.ny.us" <donnaw@town.southold.ny.us>,"elizabeth.sakarel los@town.southold.ny.us" <elizabeth.sakarellos@town.southold.ny.us> Subject: RE: Murtha-SCTM 1000-56-1-11.17 Hi Kim, I hope all is well. Unfortunately, the County IT services block the download link so we cannot see all the files, but do you know if the applicants survey accounted for the land from which the County acquired Development Rights (PDR)? We did a quick calculation based on our development rights survey compared to this new survey and it appears that the https:Hlogin-us.mimecast.com/m/secure/app/?tkn=3.7nOkSO2AIMaizidSU2gomRX3iCewYWDfl S7cZTS13GdjE3QVoQ6WjgOKFvgcUQ867Xfir_D-P94... 1/1 _ \l M ' Westermann, Donna From: Westermann, Donna Sent: Monday, August 28, 2023 1:21 PM To: Fuentes, Kim Subject: email - Murtha Attachments: Pool Area Zoom (highlight).pdf, Scan Aug 28, 2023.pdf Kerr, Mikael <Mikael.Kerr@suffolkcountyny.gov> Sent: 08/28/2023 at 01:06 PM To: kim.fuentes@town.southold.ny.us Cc: • Amakawa,Andrew<And rew.Amakawa@suffo lkcou nty ny.gov>, • Hamm, Christina <Christina.Hamm@suffolkcountyny.gov>, • donnaw@town.southold.ny.us, • elizabeth.sakarellos@town.southold.ny.us Hi Kim, I hope all is well. Unfortunately, the County IT services block the download link so we cannot see all the files, but do you know if the applicants survey accounted for the land from which the County acquired Development Rights (PDR)? We did a quick calculation based on our development rights survey compared to this new survey and it appears that-the pool extends into the area where the County purchased development rights. A pool would not be allowed on land where the County purchased development rights as per Chapter 8 of Suffolk County Code. Attached is the development rights survey and the applicants survey with our calculations of the development rights area outlined and highlighted. We did not do an exact calculation which is why I'm curious as to whether the applicant accounted for this. If they did not, we would ask that the applicant produce a survey with the development rights overlayed to ensure the pool is not encroaching onto the PDR area. Thank you and please let me know if you have any questions or need anything from us. Best regards, Mikael Kerr Farmland &Open Space Supervisor Suffolk County Division of Planning & Environment 1 631-853-8276 From: Fuentes, Kim <kim.fuentes(cb_town.south old.ny.us> Sent: Monday, August 28, 2023 11:09 AM To: Hamm, Christina <christina.hamrn(c suffolkcountyny.Qov> Cc: Sakarellos, Elizabeth <elizabeth.sakarellos(dtown.southold.ny.us>; Westermann, Donna <donnaw(a)town.southold.ny.up Subject: Murtha-SCTM 1000-56-1-11.17 Christina, Per your request, please see attached survey, SCTM, and link below. http://24.3 8.28.228:2040/weblink/0/edoc/1310761/7817%20MLirtha%20application%20survey. pdf This matter is scheduled for a Public Hearing on September 7, 2023. Let me know if you need any additional information. Please send your comments to the Zoning Board of Appeals at the email address below. Thank you. Kim E. Fuentes Board Assistant Zoning Board of Appeals Coordinator, Historic Preservation Commission 631-765-1809 kind&,southoldtownny.gov Location: 54375 Main Road Mail:P.D. Box 1179 Southold, NY 11971 2 Fuentes, Kim From: Fuentes, Kim AI Sent: Monday,August 28, 2023 1:31 PM To: 'Heather Sanderson' Cc: Westermann, Donna; Sakarellos, Elizabeth; McGivney,Julie Subject: Southold ZBA - Murtha - 2662 Long Creek Drive, Southold SCTM No. 1000-56-1-11.17 - Suffolk County owned development rights Attachments: Scan Aug 28 2023 - Murtha.pdf, Pool Area Zoom - Murtha.pdf Hi Heather, Below is contact info to Suffolk County office: Mikael Kerr Farmland & Open Space Supervisor Suffolk County Division of Planning & Environment Mikael.kerrnsuffolkcountyLiy.gov Mikael Kerr has indicated in his email to us that "the development rights survey and the applicants survey with our calculations of the development rights area outlined and highlighted. (Attached) We did not do an exact calculation which is why I'm curious as to whether the applicant accounted for this. If they did not, we would ask that the applicant produce a survey with,the development rights overlayed to ensure the pool is not encroaching onto the PDR area". Your client may need to contact legal counsel. Please request an adjournment until this matter is resolved. Kim E. Fuentes Board Assistant Zoning Board of Appeals Coordinator, Historic Preservation Commission 631-765-1809 kim&a,southoldtownny gov Location: 54375 Main Road Mail. P.O. Box 1179 Southold,-NY 11971 8/28/23, 1:09 PM Secure Messaging RE: Murtha - SCTM 10(,o-A-1-11 .17 Kerr, Mikael <Mikael.Kerr@suffolkcountyny.gov> 08/28/2023 at 01:06 PM Q From: Kerr, Mikael <Mikael.Kerr@suffolkcountyny.gov> Sent: 08/28/2023 at 01:06 PM To: kim.fuentes@town.southold.ny.us Cc: Amakawa,Andrew<Andrew.Amakawa@suffolkcountyny.gov>, Hamm, Christina<Christina.Hamm@suffolkcountyny.gov>, donnaw@town.southold.ny.us , elizabeth.sakarellos@town.southold.ny.us 2 Attachment(s)Total 2.3 MB View ^ ® Scan Aug 28,2023.pdf(1.6 MB) Download ® Pool Area Zoom (highlight).pdf(663.5 KB) Download Hi Kim, I hope all is well. Unfortunately, the County IT services block the download link so we cannot see all the files, but do you know if the applicants survey accounted for the land from which the County acquired Development Rights (PDR)? We did a quick calculation based on our development rights survey compared to this new survey and it appears that the pool extends into the area where the County purchased development rights.A pool would not be allowed on land where the County purchased development rights as per Chapter 8 of Suffolk County Code. Attached is the development rights survey and the applicants survey with our calculations of the development rights area outlined and highlighted.We did not do an exact calculation which is why I'm curious as to whether the applicant accounted for this. If they did not, we would ask that the applicant produce a survey with the development rights overlayed to ensure the pool is not encroaching onto the PDR area. Thank you and please let me know if you have any questions or need anything from us. Best regards, Mikael Kerr Farmland & Open Space Supervisor Suffolk County Division of Planning & Environment 631-853-8276 https://login-us.mimecast.com/m/secure/app/print.jsp?sid=wxOCmn5jTM-vdhIU12KjlgeyJhbGciOiJQQkVTMil lUzIl NitBMT14S1ciLCJlbmMiOiJBMT14RO... 1/3 8/28/23, 1:09 PM Secure Messaging From: Fuentes, Kim <kim.fuentes@town.;':_ old.ny.us? Sent: Monday,August 28, 2023 11:09 AM To: Hamm, Christina <christina.hamm@suffolkcountyny.gov> Cc: Sakarellos, Elizabeth <elizabeth.sakarellos@town.southold.ny.us>;Westermann, Donna <donnaw@town.southold.ny.us> Subject: Murtha-SCTM 1000-56-1-11.17 Christina, Per your request, please see attached survey, SCTM, and link below. http://24.3 8.28.228:2040/weblink/O/edoc/1310761/7817%2OMurtha%20application%2Osurvey.p( This matter is scheduled for a Public Hearing on September 7, 2023. Let me know if you need any additional information. Please send your comments to the Zoning Board of Appeals at the email address below. Thank you. Kim E. Fuentes Board Assistant Zoning Board of Appeals Coordinator, Historic Preservation Commission 631-765-1809 kima southoldtownnygov Location: 54375 Main Road Mail:P.O. Box 1179 Southold, IVY 11971 https:Hlogin-us.mimecast.com/m/secure/app/print.jsp?sid=wxOCmn5jTM-vdhIU12KjlgeyJhbGciOiJQQkVTMil IUz11 NitBMT14S1ciLCJlbmMiOiJBMT14RO... 2/3 LOT U , s AL P' i UMC OF FRESHWA?ER WADS TEST HOLE 83 AS RAISED gY OEC,i11, .. OF FRESHWA�Ft pEC�DS yQ,�y 0, UMIT REVISED gY / 9 AS qt A 41 AL ,: .:�Q��� mob• �p ,�` �0� t '4 644 S 68'23203" yy 96.80' icy O z w � o 0 OpUl LT is M SuFfolk tment Gounty Depar \ 01 Publlc Works I(\ y 335 Yapphank Avenue Yaphcnk,New York 11980 Commis5loner: Charles J.Bartha,•P.E. yB - 3 i PROPOSED SALE OF DEVELOPMENT R161-ITS AREAS TABLE a°° :'tel• �" LOT 3 L01 b EOT T o >.,b.•.b "!" � `� TnuL n�En nts 50'1..• 296-0 t<: 0,0:•<'' //�� ,//)� //�, ' �JDNLD�Y.nbEA � 1<LJ •31ir.!;I -- W-+-7� u `- elayi-z. .vEn O. Ob2.•u -w, ro1n�+•.. Q.m. Lae 11 - - - ^PSHA M EY peEn'E'1 � 3��bn5F' WiID•w._±FEn ND]'0D'134]]1.<3' M° 1 �QUE POND ' CRZP6q°rn•[.B—iytn 3.35 1 A!./ a 3M Atr. 0,4�n�. ]O,°7 w<vES� " S�• Tl \'.. ..'�'�,+,, 3°9�, r i L x��L 48 ?,. �.i?i•�� � 3 ADM I 061 i . a 'R' j61pg4 9�bA3't�., ' .. •� 1 ,�•/jRs � . �a�►e,F �r r u`I��•c.'`_ ate. �.:.'u� ~�"�+;.�J 'b''''FNAMOMAoufP ' �TD3.Op r„®n' '/d b"- NDiasT' A to 3� _ .r.-; .1'• ,. '�. a ,TJbi t "pjjl"O HATLM KEY � _ C 3 OMw of Ea LOTS I Vit. < 1�\�F� tjY, f�•�`: I ST If rano - b" 5URVEY OF DESCRIBED PROPERTY, m a'a i "wew:e:`D ie>•T° " MILL CREEK PRE5ERVE: pE5CRIElFD PAFGEL, SUFFOLK CZVNTY JOHN C.EHLERS LAND j VolVRIWIN&r+r rRo>tcTION PROAT SURVEYOR - =- FSITUAT, P-514 vanoN 1 N.Y.S.LIC No.50202 SITUATE,om AMab1AaUEj 6 PAS""•"'•"^P.61' _ _ IDOL SaVTNOLD 123]6 sl oe 1.114a utas W V®t ,11901 _ 51,FFOLK auNTY,NY' 269-87 '8287 RSF\Wv �Tp3�8-11»YlShxpm c i,nn•O'rol, _ __—__ r MUR O OT FOR MILL CREEK Dmsl�Pg SERVE n�w.Iul S 2A twl TOWNS . SUFFOLK COUNT UT HOLD TAX No.1000_S6 EW YORK SGL[1•t: 01'11.17 �RkMAfl100' l ]0,20211 I,1,2020 cMq SE91nlS1p 17 M2 ] ll u0nl0Htl HO}[q oM 7.1022 MO p �]p220p1�y1. �SV�i�C M •Xc05T 202] wAWY.O�-]]-07-11] Xnr tV.Att''�la iµPOhO p utvtt7°wp°tpm 7X Aara Int wlw nXlot^RMM%.l%Xlla lrxuz7lwt "- tww,iXtlt, L YU 3wY W7q IICCg03 N yet C ]u sroYN a X+X*•mw wq c �•^ a \' S \, \ �Of I o'� 1 N,• O if Rm 10 • �rQ : r \ �` �1 M STOYI]•[ a 1'$ X pTOp'33'[ i2pa3'[ I � `a� - \ �[\ 'V• `illy a 181 N � O �=.y I mrQ yl���,i�• r d6 Q I r i��6 4w nn i�a► r r C 7i0! gg v r ? y�J pA]0' 6 Play � O a wr® v r � " Inn• . a]r.xo• PoX0 AVE711R n S 3'IS' nX ��tQ Z Z X pl 3.12• N t}I r! +a y�CpAu•t .,L. S —4 4j* • a)S• PATH �e Y a°NeuU S 1�1>•M • aq _ f �slpp ut.X u Im mae.� q � Nathan Taft Corw(rt M Land Surveyor i tnm utYrwu ti. YY7X� I IYY Y•.wY ..a.,,.nr� 1 r utuvi iw.j TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: April 14,2023 TO: Gerard&Robin MurthaJUN2662 Long Creek DriveSouthold,NY 11971 [:REC:EIVED g Beals Please take notice that your application received September 7,2022: For permit to: Construct an accessory in-ground"swimming pool at: Location of property: 2662 Long Creek Drive, Southold NY County Tax Map No. 1000—Section 56 Block 1 Lot 11.17 Is returned herewith and disapproved on the following grounds: The proposed construction of an accessory swimming pool on this conforming 45.6 acre parcel in the R-80 District in which an area of 52,128 sq ft. has building rights in tact, is not permitted pursuant to Article III Section 280-15 which states: "Accessory buildings and structures or other accessory uses shall be located in the required rear yard". Based on the sppey,the proposed pool is located in the side yard. 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. Robin and Gerard Murtha 2662 Long Creek Drive Southold, NY RECEIVED May 10, 2023 JUN p 6 NZ3 Town of Southold Board of Appeals Board of Appeals Zoning To Whom it May Concern, We are coming before the Board of Appeals to request relief for a proposed inground swimming pool. Although we own just under 50 acres of property, the location of the proposed pool is considered our side yard and for that reason, requires a variance. We started this process in April of 2021 with our pool company and have several resubmittals and delays along the way. It wasn't until recently that we found out that we could request a variance. We are getting older and don't have many years left to enjoy our home and property with our family. Our grandchildren are growing up and we wanted to provide a "fun" atmosphere for them when they come to visit .... And to hopefully encourage them to visit more often. We were especially hoping to have this pool installed in time for this summer and not have to wait another year. We would be so very grateful if you could get us on the next available date so that we don't lose the entire summer and can enjoy at least part of the summer with our children and grandchildren. Thank you in advance for your consideration. Sincerely, Robin and Jerry Murtha Fee:$ Filed By: Assignment No. ] APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. Z(D(OZ Street Lore, C,l'Q,2�(. 1�,Y. Hamlet SOUJ-h b l d SCTM 1000 Section 50 Block I Lot(s) Lot Size Zone ;90 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUIL S DATED BASED ON SURVEY/SITE PLAN DATE Owner(s): 01C r rt?i 10(d Y OA SOA — eals Mailing Address: Z(O(QZ LC)nq CreO-I. b Y� SOUHnd vlrokng Board Ot AP\3 beva,v� Telephone: 5(0- --00 IIFax: Email: 1' UVB ?GV'Yl0411-) CO =Dr)Lv'L2 /1�¢ -61�—G(9:,-- a3, q< P_;o�►A 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: (- A*W 5OPd ersol) for 0 Owner( )Other: Address: (Vb Gi l Df i of 'J'\(6 . 444t(.l eq,l,WA LNI I(-�8s Telephone: SUM M o5T3 Fag: Email: Expcd ch L S(z iYYZatk toyll Please check to specify who you wish correspondence to be mailed to,from tl:e above names: ( )Applicant/Owner(s), (vj'*Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED FOR: ( Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Dot quote the code.) Article: J- Section: 2-5c)--15 Subsection: Type of Appeal. An Appeal is made for: ( 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 Oth r A prior appeal( )has, (7 as not been made at any time with respect to this property,UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# '-REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): t� 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a de r y properties if granted,because: RECtIVED phis prop-1 l i Res an AS,,is acres, -N-Le pi�pos�d p� 31�I Yx)r kae &u.r) (n-) bu-+5i&0 o(✓' � PropW ) will nur 6e. cl o to 4 6 M3 0nkw prpp��"t� -� utjI he r� -ham I otr bum � � S Board of Appeals Zoning 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the sue, other than an area variance,because: -jW I -(U house IS s i KA rm Jh a prop �, ma.� i.e- �ia. OMMA (� � pool , a si 6U WAd- i n oaca -Tv 1cw a--t WUl 100' 6VYYm VAf la/d S, 4-ke Poo( rWed S tD 3o vu tai f s arQQ . 3.The amount of relief requested is not substantial because: -jw Prop" j'5 lwy l f-xkt 4*-p house is s.i�-fe-d vi- a. 4iudAP "S.w 3aco,', is Hu a s40JoLe a.a-e� 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: All wok- OM �,J zbris Cd U-nA6 (zns-nv coon) 1-D be "rites n ed M -to p+v(- . 5.Has the alleged difficulty been self-created? { )Yes,or � No Why: 40meower5 COn nL)- ckw l'qk -1-Ke l oCa-Jiovt or- I-Pu house. Are there any Covenants or Restrictions concerning this land? { }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. 1�se'd py/14- Signature o Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn tg ba me this ZTday of APR 20 c Notary Public DEBRAA.DANNA Notary Public,State of New York Reg.No.OI DA4916495 Qualified in Suffdk County Commission Expires z�P t APPLICANT'S PROJECT DESCRIPTION APPLICANT: (Stro-r I -4 Ro bLn MUJ'�f' O— DATE PREPARED: 1.For Demolition of Existing Building Areas RECEIVED F� Please describe areas being removed: W 23 Zoning Boa Appealsrd H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: M.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ?ropo5o t n,S D(A4 d Pool Number of Floors and Changes WITH Alterations: N A IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: 52, IV& Percentage of coverage of your lot by building area: V.Purpose of New Construction: l nG►-OwrO 5w1 mnni !M Poal VI.Please describe the land contours (flat,slope %,heavily wooded,marsh area, etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes ✓ No EZoard VED B. Are there any proposals to change or alter land contours? 6 2023 �No Yes please explain on attached sheet. eats of ApP C. 1.) Are there areas that contain sand or wetland grasses? ye S 2.)Are those areas shown on the survey submitted with this application? �{ 3.)Is the property bul headed between the wetlands area and the upland building area? j�l Q 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction?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? R6 E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? 140 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? I40 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? 0 If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Le and the proposed use Sa.MLOL . (ex: existing single family,proposed: same with garage,pool or other) 6X �/a0o?3 Aut orized signature and Date �" :-- �- 53095 Main Rd A 11971 Southold,New Yis CERTIFICATE OF OCCUPANCY No: 41176 Date: 6/15/2020 THIS CERTIFIES that the building SINGLE FAMILY DWELLING RECEIVED Location of Property: 2662 Long Creek Dr, Southold 0 9 2023 1 SCTM#: 473889 -$pc/B10-cloUt-,.,--5 Subdivision: Filed Map No. Lt7gbn'ng Board ot APPVd1:1 conforms substantially to the Application for Building Permit heretofore filed in this office dated 5/9/2017 pursuant to which Building Permit No. 41739 dated 6/16/2017 was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: one family dwelling with unfinished basement,front and rear covered porches and attached ggrage as applied for. (Suffolk CgIDly Health Dept. approval for 4 bedrooms) The certificate is issued to Murtha,Robin of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL RIO-16-0083 4/17/2020 'ELECTRICAL CERTIFICATE NO. 41739 9/21/18&2/15/19 PLUMBERS CERTIFICATION DATED 1/18/2019 j, �X ,Nate Edin ed Signature f. 53095 Main Rd Of Southold,New Yi, 11971 CERTIFICATE OF OCCUPANCY No: 42317 Date: 9/2/2021 RECEIVED THIS CERTIFIES that the building SOLAR PANEL Location of Property: 2662 Long Creek Dr, Southold SCTM#: 473889 Sec/Block/Lot: 56.-1-11.17 Zoning Board of Appeals Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 3/24/2021 pursuant to which Building Permit No. 46263 dated 5/17/2021 was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: accessory ground mount solar panels as applied for. The certificate is issued to Murtha,Gerard of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 46263 7/7/2021 PLUMBERS CERTIFICATION DATED u o ' d Signature 0 53095 Main RA- ' �, Southold,Nev rk 11971 W�u;- CERTTFICAT'E OF OCCUPANCY No: 44010 Date: -- RECEIVED THIS CERTIFIES that the building BARN Location of Property: 2662 Long Creek Dr, Southold SCTM#: 473889 Sec/Block/Lot: 56.-1-11.17 Zoning Board or A,ppea s Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 8/17/2021 pursuant to which Building Permit No. 47485 dated 2/23/2022 was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: agricultural storage building as applied for. The certificate is issued to Murtha,Gerard&Robin of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED \V*6v �ic \ANA, u ri d ignature f ;i 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. RECEIVED 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. JUN 46 2023 Part 1-Project and Sponsor Information Zoning Board of Appeals Name of Action or Project: YYIUX4+X Project Location(describe,and attach a location map): a�(0 a 1_o ri� C tw_X `)r. Souk o 18 Brief Description of Proposed Action: seA In9rou.nd sw +mmin� Poo prvpol Name of Applicant or Sponsor: Telephone: 5 1(O p�3 G'Q� L�✓ 6Ci'.n4it450n E-Mail: EAG Pd IfekLS q ry)gtJ . Address: 100 C br;a b)VcL City/PO: State: Zip Code: -N'o _P Icy 1 i_426 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ✓ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑ Commercial VResidential(suburban) ❑Forest . ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. I§the proposed action, NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? ✓ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environ ea? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above prese t levels? NO YES JUN �.6 2023 b.Are public transportation service(s)available at or near the site of the propose action? Bo d of All Is c.Are any pedestrian accommodations or bicycle routes available on or near site f �oseeacti 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: / 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? I NO YES If No,describe method for providing wastewater treatment: l 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 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 R. t Wetland ❑Urban Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, / a.Will storm water discharges flow to adjacent properties? ❑NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO ❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or efoAMA NO YES solid waste management facility? / If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of reme 'ation(ongoing or INO YES completed)for hazardous waste? eals If Yes,describe: Zoning Board of App / I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: nder�n Date: H//II T1 25 123 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 derate RB; I t large impact ii npact may JUN, f(ti�3 1 iccur 10. Will the proposed action result in an increase in the potential for erosion,floodin or draina e problems? Zoning roa d of Appe ils 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-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Board of Zoning Appeals Application RECEIVED AUTHORIZATION JUN 0.6 2023 (Where the Applicant is not the Owner) Zoning Board of Appeals I, Ocrvj a- ot)Lr) rnUX�a residing at Z0(az Lc)oq Creel- `b r• (Print property owner's name) (Mailing A ess) do hereby authorize W—at of 60-t'?d el-�-:Or) (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) Ro b 1 n /►n Lt H4W (Print Owner's Name) APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM RECEIVED The Town of Southold's Code of Ethics prohibits conflicts of interest on the art of town officer and em to els.The ur ose of this form is to provide information which can alert the town of possible conflicts of interest a id allow i a er action is necessary to avoid same. YOUR NAME •• bUA, rYl Wu ►vim (Last name,first name,middle initial,unless you are applying in the name of someone Ise or o r enti ,sly6taijkluals company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. / YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of 203 Signature L� Print Name 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 necessary to avoid same. #eat RECEIVEDYOURNAME : _ ov 5 (Last name,first name,middle initial,unless you are applying in the name of someone else or ther enti h s 2023 company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) / Zoning Board of Appeals Tax grievance Building Permit ✓ Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO 2,/ _ 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 da 200)3 Signature - Print Name "W 3yVU1&Sa& L Town of Southold �j LWRP CONSISTENCY ASSESSMENT FORM RECEIVED A. INSTRUCTIONS JUI� D:6 p 2 1. All applicants for permits* including Town of Southold agencies, hall comp ete thi9 for proposed actions that are subject to the Town of Southold Waterfront oLM} J Review Law. This assessment is intended to supplement other information used by a o�out�io� in making a determination of consistency. *Except minor exempt actions including Bui ing ?its 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# 5(0 - I - •� The Application has been submitted to (check appropriate response): Town Board © Planning Dept. 0 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: Nature and extent of action: V64MU to per. fbr -p- purposed i r1 � d POD I Location of action: c�(p 10 p Lpn j Cree V br takTy d d Site acreage: 45, (a Present land use: 'RP S— L IVED Present zoning classification: ' DD UIN 2023 2. If an application for the proposed action has been filed with the Town of S uthold agency, the follo g information shall be provided: Zoning Board of Appeals (a) Name of applicant: Gerard Ro6�n nada. (b) Mailing address: aloloa LoN Cr&i( br. c x W )d (c) Telephone number:Area Code( ) ' 1122'�- (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No EZ'*' 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 W(Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria 11 Yes ❑ No 9sot Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ® Yes 0 No WNot Applicable '100 JUN OIG 2n23 Attach additional sheets if necessary Z-Qning Board of Appeals NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria © Yes []. No WNot Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No [Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. © Yes [2] No 9Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. -1�`j ❑ Yes ❑ No E�Not Applicable RECEIVED -11-INI 0 Zoning Reard of Appeal e Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeD No E" Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary JUN 0 6 2023 Policy 11. Promote sustainable use of living marine resources in Long Islr����,dtolfAPeeconi Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 6 'on cfe 6. ❑ Yes ❑ No I I Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 forevaluation criteria. 11 Yes El No I'"I 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 ENot Applicable Created on 512510511:20 AM war` y 17 I} ` 'Y T ��� r��•,i"!.rt.���i.. �y +i"i � �Vr.1 � 1. .*. dM ��+' �: �` .S✓ �.:w"' ,� Y lv � ��Thr _ .+t`v-.. RECEIVED �[ X �� Pod JUN 0 6 20231 ' Zoning Board A e414 2 602 Dr Y ,SadA91d- w41 „fir...• ';K.,.� � ,:s� _ "t: 'S -+c ,�,�, "� � i.: '..,,.'.r• ,.'' ',.f ".r� .�' � ..�a' 141ter„_ �}' �.:ate'` {4S.f..•rG.�F.� _ i•,�, ��Rn���Q��':� �t.. '9`1 f y • r _ I Y 'f� ..f '4�1rLV �'i.!� �+(� �` ! rte`+4 fY'•:,`,a ^?fN. r r , � I.� , r � � ✓ v .��' Jy F`S � )fi�.� 1J,,Yn I4./ �� -. d�. � l lzsi 0", iww f4, • v � � r / r I I� fit, +yam Y��{• ,� aLL 1. tl,+.^: � 7 .aM �1C �`�r''����x., •- ' MP v��•'� '.. � n' '".w�� 'l ':��.� ,"I� .. i�r al,( i��y,Y.7,y.���r1�.. .�_. .. w ,a ki } t �4�'� aL W �,� ; I � k �•�'M�4N'.l� �'ri'. I Vel. v m y� I ��'� ''� „t .yrs• .;� x' +�: , 1 TOWN OF SOUTHOLD PROPERTY RECORD CARD JJ� OWNER STREET _ VILLAGE- - DIST.. SUB........ ............... 0�....._..._ .a , "otS. 1. "7 A ('R' REMA KS TYPE OF BLD. { 'o- /v ' PRqOP. CLASS o F�cJ , LAND IMP. TOTAL DATE lilt 1 d �.� �3�p'td. «.) C��t 1 g,-.-s- �}�` ,C�"a` •4�,�;. � �"�•s;! 1�s•`i..t•3 a -� ,�t�..ap� l�`� C'V -` F�.r'3ar '`� "Xl ' - f' R�✓ yL.A.A k Pv r�.t ..^�P' $Z• ,'. _ __ ' /quate f <. c r 0 t �+ 10 m . : .. � � - c to N 0 FRONTAGE ON,WATER ETILL' E 0 FRONTAGE ON ROAD gpo L ND DEPTH MADOW AND BULKHEAD HOUSE/L T TOTAL 7-' ".te4 COLOR Ita TRIM 56.4-11.3 2/8/2019. �oLi i a� M Q- ® O Q 1 st 2nd M..Bldg. �.�7- ° o . _ + Foundation cc Fin, B. Bath, Dinette _ Z F COMBO Extension Basement PnaTin� Floors W'U:pl� Kit. Extension Ext. Walls Ct r Interior Finish L.R. x G,,. ! Fire Place Heat. DA. ate' 1 Woodstove BR. Porch P0 Dormer c F m Baths Il a # lO. . rn --f3esk- ;0 ' :. 70 c Dock! _ a < Fam, Rm. \( A.C. (,.J o q -Ui .: If - �r\ge. - 1 ! �- a . — U ►�1 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET .' . VILLAGE DIST. SUB. LOT ,cardCoto 66nmu ok _. ' ..3 ACR: �" �.. REMARKS { p TYPE OF BLD. `X ok PROP. CLASS -LAND IMP. TOTAL. DATE s ror.`i*,...✓'+,.Yx �: �N° �,.s-"' k � � f f � F,� �� A � en' .a...; } ,� m-i4' '�'. ���'ia. ��, ... ���.:>�Q....rJ �`„1 a?'S�•;: �`"'� �4 rx��«:s •�.3`-x3'z;:f�:,#5�.�.:. �' c'"�"� �� � �� ,s�,I' { P� ��� �`."'f t' «"•fi .tf, ., '. <3 .., *'..n.� C'fF tit^, "�a ..� .m"' _ _� �� .�" _ '_4 � r �e � 1290 ;E ® « FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL `TOWN OF SOUTHOLD PROPERTY 'RECORD CARD OWNER STREET VILLAGE. DIST. SUB. LOT 0/0 �A 1 ACR•. r REMARKS {° I.12,g0-!; TYPE OF BLD. jVVt� PROP. CLAS LAND IMP. TOTAL 'DATE in + °4".... •'Y. , (, .1F4eib�..:">e.> 9�ff ...ma ...f'-. a.. @..Y .. V. 49 Z57m a .� CL Lu o H o 7 FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND' DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL ZBA CHECK FEES - 2023 Funding Account - B2110.10, DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 6/5/2023 Schwartzman,Allan 7816 $1,500.00 1927 6/9/2023 6/7/2023 Murtha, Gerard 7817 $750.00 394 6/9/2023 6/8/2023 Berry P 2021 QPRT 7818 $750.00 7215 6/9/2023 $3,000.00 RECEIVED JUN 1 2 2023 Southold Town Clerk awn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 06/12/23 Receipt#: 311625 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7816 $1,500.00 1 ZBA Application Fees 7817 $750.00 1 ZBA Application Fees 7818 $750.00 Total Paid: $3,000.00 Notes: Payment Type Amount Paid By CK#7215 $750.00 Grant, Paula J. & David S. Berry CK#394 $750.00 Murtha, Gerard M. & Robin A. CK#1927 $1,500.00 Schwartzman, Allan Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Grant, Paula J. & David S. Berry 2840 Stars Rd East Marion, NY 11939 Clerk ID: JENNIFER Internal ID:7818 rI TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. j SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: MAILINGS Gxro-1 d 'obi fnw-fho, (Name of Applicant/Owner) d 6oc9LonqCmK Dry VQ. SCTM No. 1000- (AddreA of Property) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEWYORK I, ( ) Owner, (V///) Agent 61-0n er5nn residing at I ebb 61 ora blvd.t h(�2 t cq C, New York, being duly sworn, deposes and says that: On the day of &MQST , 203, I personally mailed at the United kJ States Post Office in A U,DQ�J . , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the (Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn toebefore me this X ay of 20c��j NOTARY PUBLIC,STATE OF EW YORK ' NO.01 PE5057834 QUALIFIED NIASSAU COUNTY (Notary Ubl ) MY 004nh" ^ION EXPIRES APRIL 01, 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. Po tGERTIFIE ® t3 ,RECEIPT ■ 6. • �- •. • Q rq +] t;Y+a.,tt`4 'a 1 ri; S,�t€,tb.,D d.'r A�,I fir;;•.�:+ t-:�" E t:", –. 4� L':.:.Irl-"Ci'. Certified Mail Fee i�1 •� ..,a I,..,� � ,a � - «t •t='i� �:.� Y.,::' ':...mss i Certified Mail Fee ,g . ?f 01 2 rq Extra Services&Fees(checkbox add fee as app date) _ r•-q Extra Services&Fees(check box,add fee as pro date) ❑Return Receipt(hardcopy) $ 'I'+^ p ❑Return Receipt(hardcopy) $ 'e 0" • Q ❑Return Receipt(electronic) $ '•=l P i Postmark i C3 ❑Return Receipt(electronic) $ 1=I f 1-( Postmark C3 ❑Certified Mall Restricted Delivery $ n f I,".i i I Here Q ❑Certified Mail Restricted Delivery $ 5I I_I!z`r Here Q []Adult Signature Required $ '•'s r,%+ Q ❑Adult Signature Required $ '.1:0 Q E]Adult Signature Restricted Delivery$ Q E]Adult Signature Restricted Delivery$ Postage _ Q Postage �!„l.w,:� _ Q g '�)J.,vb Q Total Pr i �st� 1 .r' QQ $Total I c. r..Er V C3 r ei• ,u�•_'j Q $ enrro Timothy Casamento ��a Q sent; Scott& Pauline Carter40 C3 2667 Long Creek Drive to ---------- o yea# 61339 Route 25 cj` 6----- ciy srt Southold, NY 11971 �lo�' $________ i' Southold, NY 11971 ,���� � __--- Q L") ,o Posial'ServiceTM ■ , ■ ■ i Only ■ , © ■ ■ M ri "Ddmestib Mail • nly N ru `„::`j i% .� ?I y i `. ..:; It... 6.:r:xa + •301.#;.:.,r].i °? 1,�,,,; i = .t' \;<, r p �;-,� •..:„s zi Certified Mail Fee $ �c; e•;,,: _ € �t Ln Certified Mail Fee c _ rq rq Extra Services&Fees(check box,add fee as gpprdp&te) M $ .� y ❑ Return Receipt(hardcopy) $ .. rq Extra Services&Fees(check box,add fee as •' '•• Q El Return Receipt(electronlc) $ i I°'` ' Postmark ❑Return Receipt(hardcopy) $ I late) Q ❑Certified Mall Restricted Delivery $ — Here Q ❑Return Receipt(electronic) $ 3-—00•f I i-I C3 ❑Adult Signature Required $ -' +' Q Certified Mail Restricted Delivery $_—^— Postmark Q [:]Adult Signature Restricted Delivery$ ! d ❑Adult Signature Required $ +^, I-51.i Here Adult Signature ' Q Postage 1-0.4.,, ❑ g ature Restricted Delivery$ ' Postage O Total {� Q. $ �^3 Q $8.56 Q Tote, 8.Michael&Clair Glew T'""`' 40 � Q sent PO Box 1950 ` o ser Angelina Norton Nv �� � srref �� o ps 610 Pond Avenue Co cJ� r r` Southold NY 11971 ;____ a S l t -Y Southold, NY 11971 ti SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. W ❑Addressee ; ■ Attach this card to the back of the mail leceB d (Pr t d Nam C. Date of Delivery or on the front if space permits. p , 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes rr - If YES,enter delivery address below: ❑ No �Albott& Pauline Carter 1339 Route 25 5outhold, NY 11+971 3. Service Type ❑Priority Mail Express® j II IIIIII III I'I I II I I�II I I II I I II I II I I I 11111 I I I ❑Adult Signature ❑Registered MalRestricted,,, ❑Adult Signature Restricted Delivery ❑Registered Mail esVicted) ❑Certified Mail® Delivery 9590 9402 6613 1028 616$ 75 ❑Certified Mail Restricted Delivery ❑Signature Confirmationrm ❑Collect on Delivery ❑Signature Confirmation 2. Article Numher-/Transfer from carviro lahatl- - - .__ ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail 7020 009 00 1315 6 714 I ❑Insured Mail Restricted;Delivery; (over,$500) , PS Form 3811,July+2020 PSN 7530-02-000-9053 Domestic Return Receipt - I 9/8/23, 12:39 PM USPS.com®-USPS Tracking®Results USPS Tracking FAQs > I A Tracking Number: Remove X 70200090000013156707 Copy Add to Informed Delivery (https://informeddel!very.usps.com/) Latest Update Your item was picked up at the post office at 3:21 pm on August 18, 2023 in SOUTHOLD, NY 11971. Get More Out of USPS Tracking: -n CD USPS Tracking Plus® Q- Q- 0 0 Delivered Delivered, Individual Picked Up at Post Office SOUTHOLD, NY 11971 August 18, 2023, 3:21 pm See All Tracking History What Do USPS Tracking Statuses Mean? (https://faq.usps.com/s/article/Where-is-my-package) Text & Email Updates u USPS Tracking Plus( u Product Information u See Less Track Another Package Enter tracking or barcode numbers https://tools.usps.com/gorrrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70200090000013156707%2C 1/2 9/8/23, 12:40 PM USPS.com®-USPS Tracking®Results USPS Tracking FAQs > lull Tracking Number: Remove X 70200090000013156721 Copy Add to Informed Delivery(https://informeddelivery.usps.com/) Latest Update Your item was picked up at the post office at 10:01 am on August 19, 2023 in SOUTHOLD, NY 11971. Get More Out of USPS Tracking: -n CD USPS Tracking Plus® C v n 77, Delivered Delivered, Individual Picked Up at Post Office SOUTHOLD, NY 11971 August 19, 2023, 10:01 am See All Tracking History What Do USPS Tracking Statuses Mean? (https://faq.usp's.com/s/article/Where-is-my-package) Text & Email Updates u USPS Tracking Plus® u Product Information u See Less Track Another Package Enter tracking or barcode numbers https://tools.usps.com/go/TrackConfirmAction?tRef=fulipage&tLc=2&text28777=&tLabels=70200090000013156721%2C 1/2 R Q,r TOWN OF SOUTHOLD (/6� ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING �er14Lr-ol aVx �Zoyii h /Y1 u r+h g (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK I, h CA Yv�a t`' residing at '� G 2 Go ryJ Cre ek D r New York, being duly sworn, depose and say that: I am the (Owner or( ) Agent for owner of the subject property On the i 9 day of A-a , 20 X31 personally placed the Town's Official Poster on subject property located at: 20102 Lonq CrZP- DOW- c Sow* The poster shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition-abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be setback not more than 10 feet from the property line. The sign shall be displayed fora eriod of not less than seven days immediately preceding the date of the public hearing of -eo • --��r,2_t� _ bOwneAgerrfgiratare) Sworn to before me this f 0 Day of 1202-S (N ary Public) p`�,i TEIp 11, Dawn Johnson `M1OTP.RV•'=Notary Public,State of New York No OIJ06349053 PUBLIPUBLIC �w C Qualified in Suffolk County commission Expirc:a 16/11/210—14 F"PLETE THIS SECTION COMPLETEMM SECTION ON DEUVERY Complete items 1,2,and 3. TAIgniap ■ Print your name and address on the reversef&I lj:�5w ❑Agent Iso that we can return the card to you. 11 Addressee ,' D C i Prnted C. ate of Delivery , ■ Attach this card to the back of the mailpiece, ec ve by( ' or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? .❑Yes If YES,enter delivery address below:. , ❑ No j i11/ki.ctaael&Clair Glees i ,".�:_RG.'B6X 1950 A i So. t.Old,_NY 11371 lam— - - ------ 3. Service TYpe• ❑Priority Mail Express® II 1111111 IIII ill l 11 l It 11 l l l l l L II 11111111 I III ❑Adult Signature ❑Registered Mai1T"� ,::_' _ - 11 Adult Signatur0 Restricted,Delivery_- ❑Registered Mail Restrictei� [7 Certified Mail®' Delivery ' ' 9590 9402 6613 1028 6168 99 ❑Certified Mail Restiicted.De�ively:-. ❑signature CanfirinattonT^+,11 Fl Collect on Delivery-,N; :`: s . Signature Confirmation ; 9- Article Number(Transferfrorn,service label)_- ❑Collect on Delivery Restriotad Deily ry,- Restricted_ Delivery 01 nsured Mail 7020 00 9 .. 0000 1315 6 7 3 8 ❑insured Mail Restricted Delivery=" =' (over$500) PS!Form 3,811 July 2020 PSN 7530-02-000-9053 Domestic fleturn Receipt r NMMOFhEARING "a follawing Appikatlora will be'haard by the Southold Town Board of Appoot• ai Town Nall, 53003 Main Road, Southold . The application will al4o be avattabiei VIA, ZOO tEDINAR Follow link-htfp^,:,southol+ townmy gov'talf-d NAME: MIJRTHA, G. & W #7817 SCTM #: 1000-56-1-11.17 VARIANCE: LOCATION REQUEST: CON-%TRUCT ACCESSORY INGROUNI' 1s 1 •* �'T,R '� SWIMMING POOL a� DATE TNURSs SEPT. 7, 2023 10:30 AM r .• c *_A : 'R i Y. t A x � n e gr. 4, Y .P X �lt. } �( L 40 ` s fqw-1 a � �6r " azo^-�llk•''�. ,n, - �� �.� '� a. �. �� � ,� - +t ..x"'� r ety'► t w �w s µ < i y , � % w t F r wv + f � 'moi' tj►' i * $t1 # <�. ad '�wX.. ♦.. '�.,d -...6. '�[di�^.. ' ice'.. s'�..�id �a!�a.�... _ ,:.,_z _ ..1, •�`> e.w. =,t�i. ..-_. .... �.: _ .e. ,i.�:;31`k +n...•�.4 .z,.� „s9Ma e46 8 f5-d3ae-4581-b1b5-d217d877411e I<imf@southoldtownny,gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,SEPTEMBER 7, 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 Yorl(11971-0959,on TH U RS DAY, SEPTEMBER 7,2023: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 10:00 A.M.-MIKHAIL AND JENNIFER V. RAKHMANINE,AS TRUSTEES #7814- Request for Variances from Article XXIII,Section 280-124; and the Building Inspector's April 11,2023 Notice of Disapproval based on an application for a permit to demolish (by Southold Town definition)an existing single family dwelling and construct a new two story single family dwelling; at 1) less than the code required minimum side yard setback of 15 feet; 2) less than the code required minimum combined side yard setback of 35 feet; located at 685 Bungalow Lane, (Adj.to Deep Hole Creek) Mattituck, NY.SCTM No. 1000-123-3-9, 10:10 A.M.-CHRIS AND MARISA LAZOS#7809-Request for Variances from Article IV, Section 280-18; Article XXIII,Section 280-124;Article XXXVI,Section 280-207A(1)(b);and the Building Inspector's March 10, 2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1)exceeding the maximum permitted two and one half(21/2)stories; 2) gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet (buildable) in area; 3) more than the code permitted maximum lot coverage of 20%; located at: 1200 Leeton Drive,Southold, NY.SCTM No.59-1-1, 10:20 A.M.-ALLAN SCHWARTZMAN#7816=Request for a Variance from Article XXIII,Section 280-123 and the.Building Inspector's April 10,2023 Notice of Disapproval based on an application for a permit to legalize "as built" alterations to a pre-existing accessory garage containing a sleeping room, bathroom and two conditioned spaces; at 1) a nonconforming building containing a nonconforming use shall not be enlarged, 2 SOUTHOLD TOWN BD OF APPLS e4688af5-d3ae-4581-b1b5-d217d877411e kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times reconstructed, structurally altered or moved, unless such building is changed to a conforming use; located at: 1165 West Road, (Adj.to Cutchogue Harbor)Cutchogue, NY.SCTM No. 1000-110-7-2. 10:30 A.M. -GERALD AND ROBIN MURTHA#7817-Request for a Variance from Article III,Section 280- 15 and the Building Inspector's April 14, 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: 2662 Long Creek Drive,Southold, NY.SCTM No. 1000-56-1-11.17. 10:40 A.M. -BERRY P. 2021 APRT#7818-Request for a Variance from Article XXII,Section 280-116A(1) and the Building Inspector's April 27, 2023 Notice of Disapproval based on an application for a permit to construct a pergola addition to a,single family dwelling; at 1) located less than the code required 100 feet from the top of the bluff; located at 2840 Stars Road, East Marion, NY. SCTM No. 1000-22-3-1. 10:50 A.M. -WINE COUNTRY PROMOTIONS, LLC.#7819-Request for an Interpretation pursuant to Article III,Section 280-13A(1),and the Building Inspector's May 1, 2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family at: 1)to determine whether the proposed construction is permitted, and whether the proposed intent as designed, and functionality of the site constitutes a Single Family Dwelling; located at: 63615 County Road 48, (Adj.to Long Island Sound) Greenport, NY.SCTM No. 1000-40-1-20.1. 11:00 A.M. -GREGORY AND KRISTINA COUCH #7820-Request for a Variance from Article XXIII,Section 280-124 and the Building Inspector's May 19, 2023 Notice of Disapproval based on an application for a permit to construct an accessory structure;at 1) less than the code required minimum side yard setback of 20 feet; located at:345 Reeve Avenue,(Adj.to Marratooka Lake) Mattituck, NY.SCTM No. 1000-114-9- 6. 11:10 A.M. -BJB VENTURES, LLC#7821- Request for Variances from Article III, Section 280-15;Article XXIII,Section 280-124;and the Building Inspector's May 22,2023 Notice of Disapproval based on an application for a permit to legalize"as built" additions and alterations to an existing accessory garage, at 1)less than the code required minimum rear yard setback of 5 feet;2)more than the code permitted maximum 1,000 square feet in size;3) more than the code permitted maximum lot coverage of 20%; located at:1235 Factory Avenue, Mattituck, NY.SCTM No.1000-122-2-18. 1:00 P.M.- KATHERINE OLIVER#7822 -Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's June 1, 2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and to construct an accessory swimming pool,at 1) less than the code required minimum side yard setback of 15 feet;2)swimming pool located in other than the code permitted rear yard located;at: 1255 Bay Shore Road, (Adj. to Shelter Island Sound) Greenport, NY.SCTM No. 1000-53-4-2. 1:10 P.M.—JANET VAN ADELSBERG#7825- Request for a Variance from Article III, Section 280-15 and the Building Inspector's June 13,2023 Notice of Disapproval based on an application for a permit to construct SOUTHOLD TOWN BD OF APPLS 3 e4688af5-d3ae-4581-b1b5-d217d87741le kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times an accessory structure; at 1) located in other than the code permitted rear yard; located at:4297 Wells Road, (Adj.to Richmond Creek) Peconic, NY.SCTM No. 1000-86-1-9.5. 1:20 P.M.-TRUSTEES OF THE MORGAN CROKE IRREVOCABLE TRUST/JESSE CROKE, ET AL#7823 Request for a Waiver of Merger petition under Article II,Section 280-10A,to unmerge land identified as SCTM No. 1000-48-1-31 which has merged with SCTM No. 1000-48-1-30, based on the Building Inspector's May 24, 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 any time after July 1, 1983 - and that non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements(minimum 40,000 sq.ft.in the R-40 Residential Zoning District);located,820 Wiggins Street, Greenport, NY.SCTM Nos.1000-48-1-30 and 1000-48-1-31. 1:30 P.M.—SARAH REETZ#7824—Request for a Waiver of Merger petition, reversal/relief from ZBA determination#4546,of March 3, 1998, that requires lots to be merged, and permission to construct a single family dwelling;at 1)Waiver of Merger under Article II,Section 280-10A,to unmerge land identified as - SCTM No. 1000-49-1-16 which has merged with SCTM No. 1000-49-1-17, based on the Building Inspector's June 16,2023 Notice of Disapproval; at; 1) a non-conforming lot shall merge with an adjacent conforming or non- conforming lot held in common ownership with the first lot at any time after July 1, 1983 and that non- conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq.ft. in the R-40 Residential Zoning District); 2) prior Zoning Board of Appeals determination#4546,states that subject lot is merged and acts as a single lot and lot area with the adjoining parcel;located at,825 Cove Circle, Greenport„ NY.SCTM Nos.1000-49-1-16 and 1000-49-1-17. 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: htt p://24.3 8.28.228:2040/we b l i n I</B rowse.a s px?d b i d=0. If you have questions, please telephone our office at(631)765-1809,or by email: kimf@southoldtownny.gov. Dated: August 17, 2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) P.O. Box 1179 (Mailing) Southold,NY 11971-0959 SOUTHOLD TOWN BD OF APPLS 4 e4688af5-d3ae-4581-b1b5-d217d87741le kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York. I certify that the public notice, a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: August 31, 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 31 day of August 2023 arySignatu 111111911111 p)p,��°'' 4 S1-X1'E OF NEW PORK . NOTARI'PUBLIC Notary Public Stamp a NI ••�.•• ALU.\Nl' o (1>� OIRE(,39&1.43 \� •y °. Q5 °°JO°s?,SS�OIV L•XP1R�'cs``�. ue u►►11°1111` SOUTHOLD TOWN BD OF APPLS 1 Westermann, Donna From: Westermann, Donna Sent: Thursday,August 31, 2023 2:38 PM To: 'Heather Sanderson'; Fuentes, Kim Cc: Sakarellos, Elizabeth; McGivney,Julie Subject: RE: [SPAM] - Re: Southold ZBA - Murtha - 2662 Long Creek Drive, Southold SCTM No. 1000-56-1-11.17 - Suffolk County owned development rights Tracking: Recipient Read 'Heather Sanderson' Fuentes,Kim Read:9/5/2023 8:11 AM i Sakarellos,Elizabeth McGivney,Julie Hi Heather, Yes,we will need a letter from you (via email is fine) requesting an adjournment to the next available public hearing date. This letter can be emailed to Kim, Elizabeth and I. Please provide new survey to our office as soon as possible so it can be reviewed. If you have not already, please contact Mikael Kerr, Farm and Open Space Supervisor(info below)to ensure all is in order. Thank you, Donna DM,In,a Westerma vwL. zoKIK'o hoard of Appeals ToWVL, of sovcthol.d P.D. fox 11 j9 SOL,LtkoLol, NY s-A71 (o3:L) 7cv5:iooj From: Heather Sanderson<expeditehls@gmail.com> Sent:Thursday, August 31, 2023 2:08 PM To: Fuentes, Kim <kim.fuentes@town.southold.ny.us> Cc:Westermann, Donna <donnaw@town.southold.ny.us>;Sakarellos, Elizabeth <elizabeth.sakarellos@town.southold.ny.us>; McGivney,Julie<juliem@southoldtownny.gov> Subject: [SPAM] - Re: Southold ZBA- Murtha-2662 Long Creek Drive, Southold SUM No. 1000-56-1-11.17-Suffolk County owned development rights Hi Kim, I have spoken to Robin Murtha. She said that they were aware of the development rights but thought that they were far enough away. She has requested that Nate Corwin,the surveyor, update the survey with that information. I'm hoping to have that soon but I'm assuming that regardless, we need to adjourn the hearing? How do I go about doing that? Do you need a letter from me? Thanks for your help On Mon,Aug 28, 2023 at 1:30 PM Fuentes, Kim<kim.fuentes@town.southold.ny.us>wrote: Hi Heather, I i Below is contact info to Suffolk County office: 4 I Mikael Kerr I r Farmland & Open Space Supervisor i Suffolk County Division of Planning & Environment 3 ; Mikael.kerrgsuffolkcountyny. og_v i i Mikael Kerr has indicated in his email to us that "the development rights survey and the applicants survey with our calculations of the development righis area outlined and highlighted. (Attached) We did not do an exact calculation which is why I'm curious as to whether the applicant accounted for this. If they did not, we would ask that the applicant produce a survey with the development rights overlayed to ensure the pool is not encroaching onto the PDR area". i i Your client may need to contact legal counsel. Please request an adjournment until this matter { is resolved. I G 3 I i J Kim E. Fuentes Board Assistant Zoning Board of Appeals i ! } Coordinator, Historic Preservation Commission ; 2 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ��0� $�UjyO 53095 Main Road•P.O. Box 1179 Patricia Acampora �� 1p Southold,NY 11971-0959 Eric Dantest [ Office Location: Robert Lehnert,Jr. G Town Annex/First Floor Nicholas PlanamentoO 54375 Main Road(at Youngs Avenue) comSouthold,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, SEPTEMBER 7, 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, SEPTEMBER 7, 2023: 10:30 A.M. -GERALD AND ROBIN MURTHA #7817 - Request for a Variance from Article III, Section 280-15 and the Building Inspector's April 14, 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: 2662 Long Creek Drive, Southold, NY. SCTM No. 1000-56-1-11.17. 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. Link: ht p://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email: kimf@southo/dtownny.gov. Dated: August 17,2023 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 �g, gr Southold,New York 11971 0959 ' g 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 see instructions required.to-prepare for-the ZBA public hearing which incfudes� ;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 adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by 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. Instructions for ZBA Public Hearing Page 2 MAILING INSTRUCTIONS: Please send by USPS Certified Mail, Return Receipt the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses,and re-mail. Mailing to be done by 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 kimf@southoldtownny.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. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls https://southoldtownny.gov/DocumentCenter/View/9694/TentativeRo112023 1MPORTANT-INSTRUCTIONS: 71 Scan and email the USPS mailing receipts, green-signature cards and affidavits to � 'kimf(a,southoldtownny.gov, and ** PROMPTLY USPS MAIL*x:the ORIGINALS tol ;the'Town of Southold, ZBA, P.O. Box 1179, Southold, NY 11971.. Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes—Board Assistant Laserfiche Instructions for Zoning Board of Appeals Records SOUTHOLD TOWNsocul WOU s r Soaccn Q Governmett Services isitL)r Flow Do!.. i Y y.',; �+ �" o,C -y 1. ,,,® "-o�j' aa.,;. ';..O".a.°'•'. •aib ./ S� � . -;✓sem' f�•3''.., .,. ��� %,`s't'.�':_ ;9t; :'�.:., {5t ?., r %i 14 s �f. .-c •o�viiltecbid S• own'Caldo,. rt�idc ' rits''.•:%'""T p' '.i tY'o,' •�b9ti'9'� :1Nd'� �ndns.R`i�; .:T •:U Fap�B +�- :-d"• ::����II.. �e�.•utcs, •<,e,;•,;,':-�. pp,,,,,,��,,:f�7:3birr.WYs::;,ai,•LyeLIint'f[�ic!�chE.`_ 'Foins?j pFllleauq SI$R OF IO•.�.f•Z � '.buL f:U' �,'F!+`;••) .J'., r...u�.l�.a..:.......f....«.....::ons:.eminm=:-.-.(:.,:�.::.,._.._.a...�_,..:1'c.eir..i.�ii:.::'�=� ..i'::%;'�`.•`.::.='i:=._..v;»-.''uaiuu'.:o;.✓c..,,. .v ..�..,�:.�.'i_:..<�'..:^.t.:�._: Above: Homepage, Click on Link"Town Records"Weblink/Laserfiche Laserfiche'MbLink s YtrwC Lrk'=elp Ab s.,+c,.: Home Browse Search TownOfSouthold TownOfSouthold Name vage count .Tempfata Tewn clerk Entry Properties � - ---- - Path ^,TnYte¢s T:r.:�oseld -�Zoning 90 dd Apo_x5 VBA) .. .. . Creation dale � � - - ... .. -. ._ _ SF>Q07a t; 2:•;:s;S Page 2 of Fast tt J 29 Entries Last modified IfKY201.11 8._Vt2:AM a Metadata ho mewd;r.,asst tM f . 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. SITE PLAN FOR MURTHA AG BARN CReCgV1EID P 0 LOT 5 3 SUBDIVISION PLAN MILL CREEK PRESERVE ealsFILE No. 11216 FILED JANUARY 28, 2005 oad of Appeals SITUATE ARSHAMOMAQUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-56-01 -11 .17 SCALE 1 "=100' MARCH 25, 2020 APRIL 30, 2021 ADD ADDITIONAL NOTES SEPTEMBER 17, 2021 REVISE SITE PLAN OCTOBER 20, 2021, 2021 REVISE FENCE NOVEMBER 5, 2021 REVISE SITE PLAN APRIL 7, 2022 ADD PROPOSED POOL ON S.C. TAX No. 1000-56-01-11.3 AUGUST 2, 2022 LOCATE NEW BUILDING JULY 26, 2023 ADD PROPOSED POOL AREA = 1,985,843 sq. ft. NOTES: 45.589 ac. 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: EXISTING CONTOUR LINES ARE SHOWN THUS: PROPOSED CONTOUR LINES ARE SHOWN THUS: - FIRST FLOOR - GARAGE FLOOR 2. MAP FROM OFFICE RECORDS CIS /1 8 • Oi \ I \ I�o 0 \ s TEST HOLE DATA �o-0 rn (TEST HOLE B-3 AS SHOWN ON SUBDIVISION MAP) O �, s DARK BROWN SILTY LOAM OL •Op,�� m BROWN LOAMY SILT ML ����• 86•`87, I 1 O .3 \\ 138108 40 PALE BROWN FINE TO COURSE SAND SW EL 2.3' 4.7' �y 3 �Fy�\ O PALER WATERBROWN FINE TO COURSE SAND SW IS, �.p CREEK DRIVE LOT LONG o o+o?os 58.04'i r- \`' 4.37 (�Na / ss'00• LOT .60• h ll ❑ N 75.25' CV N I / / // 4 N \ E \ 43 217.43' 6p. 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Of- 0 N 60.2 NI FX o+d, oG� `* F { 4 AL o e + S 68.23'03" W 1125 3 96.80' ,N o 7- 11 y » W LOT All m N � w LOT D r J Ln �A 7 • vE f Vf'a 913 m of �F�.I�L,Sgt c 0-S No. C� oo rn 0% �pRotA A` Allo 237.83 v o co � 25.15 POND AVE UE 10'0° S 63'04'13" W 557.20' ul N/O/F P/0 LOT I TOWN OF SOUTHOLD (PARK & RECREATION AREA) ny � ti 01 C-4 O -4 1D O � co � (r1 W 67.44'43" E Z r 177.12' N79• to N O M24 90' £ w w a S 67.449439 9 H/ o 208.00' S 7 PATx �" w 142 803 T OWN OF SOUT&0z.0 53'» w UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE MINIMUM Nathan Taft Corwin III STANDARDS FOR TALE SURVEYS AS ESTABLISHED BY THE L.IALS. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEWYORK STATE LAND TIT� 'SS°��%0N111111111 Land Surveyor pF NEW*,o�,i P��•'•••••••' �O ��� Successor To: Stanley J. Isaksen, Jr. L.S. INFT CO3% Joseph A. Ingegno L.S. Title Surveys — Subdivisions — Site Plans — Construction Layout r r ' — PHONE (631)727-2090 Fax (631)727-1727 n •; �. ? O OFFICES LOCATED AT MAILING ADDRESS 2 0 1586 Main Road James ort, NewYork11947 •••'S�Q�``��� Jamesport, New York 11947 P ND �� N.Y.S. Lic. No. 50467 E—Mail: NCorwin3®aol.com RECEI\r JUN 0 6 2023 ti Zoning Board.of Appeals �� z�l l LOT O2 ; �' �, l 50 .RIGS % �; • 7' D,F yy�Y i i Lv SITE PLAN FOR MURTHA AG BARN w P/O LOT 5N � .. _..m.. .....- _. ,sw... S-UBDLVI&ION PL-AN1� ----------_ _._ _-' - _.. - -��,; � ''� - - - MILL CREEK PRESERVE CO. Z FILE No. 11216 FILED JANUARY 28, 2005 0 S SITUATE 0 ARSHAMOMAQUE 6S 3o At LOT �3 TOWN OF SOUTHOLD N—.25'53>ti E • I�' �,F SUFFOLK COUNTY, NEW YORK 13.56' S.C. TAX No. 1000-56-01 -11 .3 N SCALE 1 "=40' 1Q3�3 MARCH 25, 2020 0 APRIL 30, 2021 ADD ADDITIONAL NOTES •?� ' SEPTEMBER 17, 2021 REVISE SITE PLAN ��� _ OCTOBER 20,' 2021, 2021 REVISE FENCE . - . NOVEMBER 5, 2021 REVISE SITE PLAN' 'p�� 41 O APRIL 7, 2022 ADD PROPOSED POOL l •o0' 41 AREA = 52,128 sq. ft. / tiF 1.197 ac. I ifl 0 3 0 . C7 � \ t ` EASEMENT FOR NOTES: Z \ COUNTY ACCESS 1 . ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: o EXISTING CONTOUR LINES ARE SHOWN THUS:xx----------- xx O o < / 0 N PROPOSED CONTOUR LINES ARE SHOWN THUS: ^ o 00 / .�. FFL. -- FIRST FLOOR j � v / O 0 G-FL — GARAGE FLOOR � /. O0 < / 3IWO 2. MAP FROM OFFICE RECORDS I m \ II P/O LOT 5O 4 Ln O co Ln O \ Co D N -4 O 0 ..& - � Z m , ' o�,° 3 w 5° TEST HOLE DATA ' �� N �` o•$o' (TEST HOLE B-3 , AS SHOWN ON SUBDIVISION MAP) J `.0 -- -_- EL. 7 0, ----7 DARK BROWN SILTY LOAM OL S 0610 TEST HOLE 83 BROWN LOAMY SILT ML N �� 65.5 O�J FROM SUBDIVISION MAP 3' s PALE BROWN FINE TO COURSE SAND SW Z 9 y�A'Oos 06 F �.. EL. 2.3 4.7' ���P-1, 0, ;P, o LA WATER IN PALE BROWN FINE TO COURSE SAND SW P/0 LOT �- 9 P/0 LOT 55 w V S sg°01 '23" UNAUTHORIZED ALTERATION OR ADDITION co 70.0 0 9 W m TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING ��•� THE LAND SURVEYOR'S INKED SEAL OR •. EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND �� ^ LENDING INSTITUTION LISTED HEREON, AND •L TO THE ASSIGNEES OF THE LENDING INSTI— TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. D s TOT PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED i D BY THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND T O TITLE ASSOCIATION. Y ,I ITLED N.Y.S. Lic. No. 50467 SVFF°99 D NSA gZ��RK °F -to- 91 Nathan 'Taft Corwin Ill Land Surveyor S °FFA N 18, "Successor_To: Stanley J. Isaksen,`Jr. LS. Joseph A Ingegno L.S. Title Surveys — Subatvisions — Site Plans — Construction Layout PHONE (631)727-2090 Fax -(631)727-1727 OFFICES LOCATED AT MAILING ADDRESS 1586 Main Road P.O. Box 16 Jamesport, New York 11947 Jamesport, New York 11947 E—Mail: NCorwm3®aol.com Laserfiche Instructions ZBA Files Page 2 .. _ _ ... _ .... _. ..vJ. .. . Mrf,,f Lnk 1!,e:a Atcut Sign Out Laserfiche WebLink Home Browse Search townor5ouuthold>Zoning Board of Appeals RBA) Zoning Board of Repeats Name" _ _ _ _ _ _ ., _ Page count - (ZBA) alphabetical Index 2 E1ttry Properties I Boa+d Actions d1 L—,fl he Search Guides Path Meet:ng Schedules 'ora1,C�*nuth7l_�Zenvlg scar-, of AppeZIs(ZBA) MlnutevAgendas7tegal NoticeslHeanngs Creation date ai!Pending >~a Reports Last modified 5:23/201,7'!:07:14 Aid in Special Event Permits ?s Tralrnng Requirements ZBA Officials Metadata ZBA Policies ?1O'nemdatt?•>Ivwd ,,,,.xceotions Lst Code 280-10C 1M Jun—ir.n Listing ,1 ZSA Be.-.of Mapped 1977 Existing Lots 189 a<edurc&Rcsulti xm.'neotu✓P++P-Yanea>'lkwz F Busk S<hedu'es_ _ _ o Agreements,Confradsffi Leases Page_I of t 1d 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. Laserfiche WebUnk $ sryrreac;4.rea ata,t ,.gncw:t Home Browse Search ,cwnoi-Sou-,hyc>Z,mag Sozr.7 of Appeal;I ZBAI>Board Actions Board Actions Name Page count Template name " " '957-19n 2 Entry Properne; .980-1999 Path -;2000 7;A'.•�CtSc:ri:aiu,=c+i^,�,.Pccrd t% i> ,✓2001 Creation date ,"2ooz 2003 Last modified •,4 2004 x'Z&20 s 7 11:36:13-Ak1 2005 2 Metadata :I 2005 '.O nr_ta63la assqced �20I' ^,2008 _009 _.._. ............... @ Results I rh!'✓PaP•%*n"attitv?'=.� .„:2011 2012 2013 L-2014 2015 7 20,5 2017 • i;Pending rw.h2altlume.WmlhCa!tEV 6a�rmeuA4esi � e r �•--•�.-� Above: 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 come Browse iearN I-Z11M-d.1-X<Ils 2017 7, 2017 so-,meas EntryPrDDenlu eir, 's Board XOcre Path P.Essl )a Baan xuons nc z o' e,afa Qna.UqrI date ..'d anions is d-an, Lassmoaihee ..'d �_7.: W an —iss 7017 7a - V 7016 sa -,al ao-awns so Board 4Nom ?o21 59 saAnions - 7-1 's aoa.d,rmns —6 1 sa- sa ii—d 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 WebUnk Home Browse Search Sort-esults by- Relevance Records Management Search 71 7016 Field nameBoard Actions-83 page(51 choose field -1 Page counc:83 Template name:Board Actions Reset ::,-e 3...:Colin and Kristen Cashel PROPERTY LOCATION:162 Lower Shingle Hill..�,snar Doge=...19,2017+016.Cashel SCTM No,1000.9-1.26 minimus aporosa;to remo age 5...Y 19.2017 97016.Cashet SCTM No.1000.9-1-26 GRAN i.rite variances as Search terms �age 9...COLIN&KRISTEN CASHEL SECTION 009 BLOC P-20 Thomas Ahlgren(Casheo,PO 3oz 342 Rsham lsland.NY... Show more information... 7018 Board Actions.56 page',sl Page count:56 Template name:Board Actions :agg.43...9:30 A.M.-COLIN CASHEL AND Variances under AMC]e id.Section ANN ,e as...ance(s)KRISTEN CASHEL37016-Request proposed trellis located in other 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--l-1. a Laserfiche Instructions ZBA Files Page 4 Laserfiche WebLink °® ryn u,n.: "Ap 'l-1, s. Home Browse Search 7mvn0f5o0thold>Zoning Board of Appeals(ZBA)'Minutes/Agendas!legal NoticesMeanngs Minutes/Agendas/Legal Name, ._ _ Page count Notices/Hearings `1957-1979 A Entry PrOpeNes 1 1980-1999 "120002009 Path r Tcitwo?SaERflC:dtZonutg Board C,2010 of Appals rJ,'2011 {ZBnllMinu:-t! endas^.egaE NOUCe>Tleadng5 `Q1� Creation date n 201.3 711,^✓2001 257:40 PM 'rj 2014 t.astmodified U;4 2015 1 J16Pw^15_:?Sad:Nd n 20.6 R Metddatd ;n 20.7 No ne,--bata a5:gned Page 1 of 1 11 Ent. .e+rtinv.Rv.n rr�.cc..eah Lawsroh��i.-ar^•»l 7`t e.y-.h.+.�+cr+.f Above:Also, Minutes,Agendas,and Hearing Transcripts can be viewed. Laserfiche WebLink _ Miy'lebink 'ielp I Anont Home Browse Search TownOfSouthold>Zoning Board of Appeals(ZBA)>6hnutes'agendas/Legal Nodces!Heanngs>2017 2017 Name Page count 'Template name - ZBA-011052017 2 Entry Properties 234-01105/2017 Agenda 4 Path __2BA-011052017,aeanng 40 `OwnOlSonhOiG`Zdn,ng 3oand Of Appedl5 ZBA-01105!2017 LN 3 I ZBAN`,1tnutes!Agen0a^�-agll _J ZBA-07/19.2017 2 NOOCeSlHe3rin6.5\201 i ZBA-01119/2017 Agenda Creation date 12,'.612016 2:'S.14 PM '-BA-02/02/2017 7 Last modified _a ZBA-02102!2017 Agenda 4 6111,201-_5359 Ppl d ZBA-02A)212017 Hearing 45 2 Me[ada[d ZBA-021022017 LN 3 ZBA-02116/2017 Agenda 3 N0 metaddtd issigneel G ZBA-02116/201]Special 3 _edure&ftesvks MA-03%02!2017 7 1m/heaMNpap-smeaNsez2I zaA-03!02..W 7 Agenda 4 Z3A-031022017-ieanng 65 J Z3A 03/0212017 LN 3 ,]ZBA-03116/201:Agenda 3 ZBA-0311612017 Special 3 ZBA-0410612017 5 ZBA-051062017 Agentla 4 ZBA-04!06!2017 Hearing 45 Above: Agendas, Minutes and Transcripts are in chronological order 14uTlk. t Q-- r AR1140 "Ae following application will be heard by the Southold Town E oard of Appeals at Town Hall, 53095 Main Road, Southold: " ie application will also be available VIA ZOOM WEBINAR= Follow linkmhttp://southoldtownny.gov/calendar NAME : MURTHA, G . & R. #7817 SCTM #m. 1 000-56- 1 - 1 1 . 17 �� 'ARIANCE : LOCATION REQUEST: CONSTRUCT ACCESSORY INGROUND SWIMMING POOL SATE : THURS . SEPT. 7, 2023 10 : 30 AM You may review the file(s) on the town's website under Town RecordslWeblink: ZBAIBoard Actions/Pending. ZBA Office Telephone (631 ) 765-1809 BOARD MEMBERS "Jouthold Town Hall Leslie Kanes Weisman, Chairperson ��®F $® a�® 53095 Main Road•P.O. Box 1179 Patricia Acampora �® �® Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento ® �� 54375 Main Road(at Youngs Avenue) c®UNTI, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 June 7, 2023 RECEIVED Mark Terry, Assistant Town Planning Director JUN 0:7 2023 LWRP Coordinator Sou-t-old Town Planning Board Office Planning Board Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #7817—Murtha, Gerard & Robin Dear Mark: We have received an application to construct an accessory inground swimming pool. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: Cull Encl. Site Plan/Survey: John C. Ehlers, Land Surveyor, dated April 2, 2020 BOARD MEMBERS - Southold Town Hall Leslie Kanes Weisman, Chairperson O�X\QF SO 53 53095 Main Road•P.O. Box 1179 l Patricia Acampora O Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. y Town Annex/First Floor Nicholas Planamento �� 54375 Main Road(at Youngs Avenue) COU Southold,NY 11971 http://southoldtowmy.gov ZONING BOARD OF APPEALS June 7, 2023 TOWN OF SOUTHOLD Ms. Sarah Lansdale, Director Tel. (631) 765-1809 Citi Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #: 7817 Owner/Applicant: Murtha, Gerard & Robin Action Requested: construct an accessory inground swimming pool Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chair erson By: _o Site Plan/Survey: John C. Ehlers, Land Surveyor, dated April 2, 2020 APR 0 9,2020 (DfS SURVEY OF LOT 5 11 MAP OF MILL GREEK PRESERVE FILED AT THE OFFICE OF THE CLERK Or SUFFOLK GOUNTr SGPHS REF # R10160055-ZEG JAN.2B,2005 A5 FILE NUMBER 11216 SITUATE: ARSHAMOMOQUE N82'30'45"E 227.95, TOWN: SOUTHOLD -------- ------------ W SUFFOLK COUNTY, NEW YORK SUFFOLK C UNTT';x 1000-56- 1 11.11 SURVEYED, 06 _02,REV151ONS 10-11-2016 OP 59 FINAL 03-03-202 , -02-2020 CER17FMD TO.' ROBINMURTHA GERARD MURTHA -1/6 "A ............. &A 1-k –0— ............ .......... ........ CA11- "Zow A. ------------ Q4&I I Ibb (0) n- M15�22 4 6?j'E ------ ---- .......... 3 0 ..................;. 5 2 5b(" A 5 of Lot T Aqk Acres Field b9 9.Lorewe ku gig vqood. ................ 6 fmo '01 F1.16 1 , 10 0 % �4 P'T". lwl.44� 224AO' 0112 O'L� ."A '01v 0 51q'14 3T4 �vvl 226-43 V .OA 6,,l 44'A"" '205 110 7 S n q4 60—� DETAIL 6PAPHIr,51-ALE I..=50' AREA=45.5887 ACRES Notesi MONUMENT FOUND A 5TAKE FOUND O PIPE FOUND GRAPHIC 51-ALE 1"-100' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S.LIC.N0.50202 0 100 200 31r, RIVERREAD,N.Y.11901 369-19IMFax 369-8287 SITE PLAN FOR MURTHA AG BARN P/0 LOT 5 PLAN MILL CREEKDPRESERVE RECEIVED FILE Nn.11216 FILED JANUARY 28.2005 SITUATE ARSHAMOMAQUE jUL 2.8 2023 TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-56-01-11.17 SCALE 1"=100• 9 Board of Appeals MARCH 25. 2020 C tonin APRIL 30,2021 ADD ADDITIONAL NOTES SEPTEMBER 17,2021 REVISE SITE PLAN OCTOBER 20,2021,2021 REVISE FENCE NOVEMBER S.2021 REVISE SITE PLAN APRIL 7,2022 ADD PROPST OSED P O ON S.C. BUILDING 00-56-01-11.3 JULY 26,2023 ADD PROPOSED POOL AREA 1,985,843 ER.f1. 45.589 pe. 1� 1.ELEVATIONS ARE REFERENCED TO THUS:1929 DATUM EXISTING ELEVATIONS ARE SHOWN WN THUS: EXISTING CONTOUR LINES ARE SHOWN THUS: PROFIT ED CONTOUR LINES ARE SHOWN"NUS: 2.MAP FROM OFFICE RECORDS N 8Z'S -w4 ♦SJ TEST HOLE DATA (TEST HOLE 9-3 AS SHOWN ON SUBDMSION MAP) •m m+ \\ �.\ \ •W,f 9�tT / E \ OrLI ---ELIRT ryry\y1 /N 86 5 I \ \ O ' Low.sai NL �0B+E P�J� 3 \1 \•\ rya "rui eRNaxM E9R ro rouRx sLxp sW �' Olt LONG CREEK DRIVE t9r •dpL1,. LOT® 44 o �'�'r7s.'`-•--`e,w'ar 3 ryy�O LOT .66 a• LOT O = Nm o.d LOT© \ is, Oft• \ •� ❑ __ r, N 6"00'33'E N 63'04'13" E 300.00• S 7r 11'g8, 1 m _ •mak 7Re \A, \ l q W \ �.. C u Z4-41,u R ALL I w O Y ! > qQG RE / N AL O ASL AL. 1 I B4•J62, y0 ~4•n '1 4/.77/ E L..-\ AL 0 _ LOT Qs 0.6'5033' AVL 5 111.51. A4 S 14.26'27"E 47.18 AL LL I M S y ym n aa AIA o m @sz ❑ I Jk m N y AIL b Clb lEs, AIL �j6 ERlEWST�TR�,O'OS Ak b yq y o LOT© / A. AIL. RyD� '0.W. w� o � i" ` wrt D,%=F p'"icw'os o44 R. Ak AL ps y VIS 68'23'03"W 41 96.80' 'o z o u y 953 W WT D g a 5 A5\ D f LOT z �oyo N 6NT TK0���Wr y��4°Dry r. 41Eg QP'�Ei�F sA°• • pC T L—!] oAL w y POND AVENUE (, //{' S 63.04'13"W 557.20' MYS Op$OU un P/0 wT BO (PAR,d ,CREATTON ANSA) u RR Y A bbRR C Z S N 6"44'43" 177.12' E 9 m M7yygo. 5 67.44'43" PA7, iO 208.00' W S 7g,T4 N n at= 224,g�J'W >, 7b►N O£Jo"TY04D S 5%.2. W 41• i0 MS SLTWE.pfl 6 A NOUDD�a SECRON 1NC XCW MOR[STATE COPRS K 116 SUtMY YAP r10T BGRWD ' EY60,5[O SF>1_L NmOOE WNSIOEAEO CERfIf1G,WN5 PDMED HEREON SNNL R9N 60. ON NIS BpWF 1CI ME -E COVPANY.RR—DR A FANO i01NC A59CNEEs a nR IENONO N60- Turou.comEndara ARE NOT TRxs[wu. THC ERISTENCE OF RIOHT OF WAYS AND/OR EASEMENTS OF RECORD.IF ANY.NOT SHOWN ARE NOT GUARANTEED. PRE—mAD RDwER A Es Nathan Taft Corwin III ., ND 6 SDN ~F"�"YORK ""° Land Surveyor Succeswr TR,S Rnk J.bdaen,Jr.L.S. JO]ep A Iq,gne L.S. T,Ne 5,0 -&bdim,--M,Plan,- C—I—Um Leyoul PHONE(631)727-209D FOR(631)727-1727 OFFlCES LODRTED AF NNLINC ADDRESS 1586 Main RoodP.O.80,16 J—p d,Nm TOrk 11947 Jem R,,d,Neal York 11947 N.Y.S.UI.No.50467 E-Mail;NCanin3OeOl.com 6/5/23,2:55 PM Town of Southold Tax Map Inquiry J-41Town of Southold Tax Ma InquiryGt �� r � ' F� 0 + 56.-1-11.17 ® ��► �'i 1� • res ri•3 � OVA ,�. dot It , n peapo--0011 � e https://tos.maps.arcgis.com/apps/Solutions/s2.html?appid=l b4d46l a4ebc440ba19d25e98eb3fa9O 1/1 will 01 3 ,�vt� Il• 3 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson *®F S®!/��® 53095 Main Road •P.O. Box 1179 Patricia Acampora �® �® Southold,NY 11971-0959 Office Location: Eric Dantes Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento ® 54375 Main Road(at Youngs Avenue) �� C®UNN)� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 September 25, 2023 Heather Sanderson 180 Gloria Blvd Hauppauge, NY 11788 RE: ZBA Appeal #7817, Murtha 2662 Long Green Drive, Southold SCTM No. 1000-56-1-11.17 Dear Ms. Sanderson; Transmitted for your records are copies of the Board's September 21, 2023, Findings, Deliberations and Determination,the originals of which were filed with the Town Clerk regarding the above variance applications. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. Pursuant to Chapter 280-146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals If you have any questions, please don't hesitate to contact our office. Since ly, �i'mE.Fuentes Board Assistant Encl. cc: Building Department rG V 1 1 1 LOT O 50 •RIGHT op Ljj SITE PLAN FOR - MURTHA AG BARN P/0 LOT 5 V c SUBDIVISION PLAN w M MILL CREEK PRESERVE FILE No. 11216 FILED JANUARY 28, 2005 000 � s SITUATE �, <960 LOT 3 ARSHAMOMAQUE s9 30�, TOWN OF SOUTHOLD N 7S.25's3� SUFFOLK COUNTY, NEW YORK 13.56' S.C. TAX No. 1000-56-01 -11 .3 N 88° 4f SCALE 1 "=40' 703(930, \ MARCH 25, 2020 APRIL 30, 2021 ADD ADDITIONAL NOTES •2� ��� SEPTEMBER 17, 2021 REVISE SITE PLAN 0 OCTOBER 20, 2021, 2021 REVISE FENCE •0 NOVEMBER 5, 2021 REVISE SITE PLAN 4f O, APRIL 7, 2022 ADD PROPOSED POOL �,>0 .0 0 00 '4f li AREA = 52,128 sq. ft. / tiF` 1.197 ac. / 3 / r � IN 3 O0 00 • O � 3 EASEMENT FOR NOTES: Z \ COUNTY ACCESS 1 . ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:�mx EXISTING CONTOUR LINES ARE SHOWN THUS:xx----------- xx o `p > , C) N PROPOSED CONTOUR LINES ARE SHOWN THUS: p opo o F.FL — FIRST FLOOR v j 0 p G.FL. — GARAGE FLOOR W 00 2. MAP FROM OFFICE RECORDS 3 \ P/0 LOT O5 Ln .p 3 p W 0 0`� o \ 3 1 ,-A. O O � z 2 O LP O TEST HOLE DATA •,� o % 30•$° (TEST HOLE B-3 AS SHOWN ON SUBDIVISION MAP) EL. 7' 0' 7 DARK BROWN SILTY LOAM OL 1 ' elr5°50 5 a �0° TEST OLE B SIO BROWN LOAMY SILT ML N 65 FROM 59 O1J SUBDIVISION MAP 3' ------ 9 R <1\ ' PALE BROWN FINE TO COURSE SAND SW s�.o AasFo + / `` • `J EL. 2.3 4.7' Q0 �pJ�P'� �V0,0s PALERSIN FINE TO COURSE SAND S .00 J 0 `` q� C 11 ' �9c�F ��Q�� C-9oo� \� tQ p P/0 LOT s P/0 LOT 5O C04 L . N N S 68°01 '23" W mUNAUTHORIZED ALTERATION OR ADDITION CID '] • / 0.O 0 TO THIS SURVEY IS A VIOLATION OF O SECTION 7209 OF THE NEW YORK STATE (3) ° w!�� EDUCATION LAW. CJJ C31COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR S A GJ�• EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUD TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE �� TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND A TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS AND, N EASEMENTS OF NOT ORD, IF GUARANTEED. D ANY. NOT SHOWN ARE NOT GUARANTEED. L� PREPARED IN ACCORDANCE WITH THE MINIMUM D STANDARDS FOR TITLE SURVEYS AS ESTABLISHED 2 BY THE L.IJLL.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND LO TITLE ASSOCIATION. N.Y.S. Lic. No. 50467 D SAY Z��R� °� N°• 91 Nathan Taft Corwin III FILE P �� ��E F`�E g PS Land Suryeyor Successor To: Stanley J. Isoksen, Jr. LS. Joseph A. Ingegno LS. Title Surveys — Subdivisions — Site Plans — Construction Layout PHONE (631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT kWLfNG ADDRESS 1586 Main Road P.O. Box 16 Jamesport, New York 11947 Jamesport, New York 11947 E—Mail: NCorwin3000l.com s 1.1 f.• - a ^C 5 SAW 13 r. w 9 K1 a 2 A _ J20A •W - Rehvons 0-02&0-000 SEE SEC NO. ' 71 0626-01 i-`-- - 0&120 a1.1] � 04-0600 .T,.�OHG:' v " •':.,tr S.SA I�OFiOA�EHiRFcnisi - 08.24-06 _ T• h - 06-03-05 0]-0]-05 oevEc0ase Nr werrr9 07-12-06 . 01-31-07 19 5.1 06-114)7 t 73A 43 COUNTY OF SUFFOLK _ OB-0147 05-13.11 1 p y 02.22-131 `, -0415 -':✓• (s A 11 13 12 03-19.19 .r, 01.28-20.� 1,9 ♦1 , 0623-21 ?j° 4.2$ ].OA C-- § 01-25-23 10.1 S51 2l.]A TOWN OF % SOUTHOLC -------115 _..2 Be ... . s pJE-= - .i rcouNn of suFFG.K V � .�'„ `- ,n• . OEv£t OcuENrprcNTsf ''-A 1110 QOIJO' '130 109A ui _ 22 `' 1h ° `s .3 ,r, 1 e �.• ,OP .';.1y 17A(c1 1 11 2 t .,• 14A ,12 2.3AW - COUNTY OF SUFFOLIZ,, 110 ,. � P �,•, rw� w9� ,0+'`\ 6 tiA t19 S 6. �.+•, ro Q / t� 1. !''yh.', `c t. ,r= b e , 1 h3P Fcf h 1 O IO.B ,M1P •'16^9 No�y,r.oi 121 vr- 14 26 7624 ' 1�1►►"��0�1J((yy,,.�.,�`1,,,,1yy�/l1A 7O'{�/,�(/y/j� O� y/�� e ,a�f, .x` q r. POINT.:F b'•�';, - C5 % 1.3 't 22 3A(.) N,� v v� �;3 la•� ;.�9 '• Vvl L`4 1 �'l\o'er \�l t � ..,,'� A0 0 '�. �!I.. SEE....... -.-�MATCH � � ` '.'• CC - LINE,' . .. ,10 >• _ '� SEE SEC.N0 066 %J: 5a-t-i P-P) F ; .' 21 ]3