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TR-10501
Glenn Goldsmith, President ®F so Town Hall Annex ®� ®� 54375 Route 25 A. Nicholas Krupski, Vice President P.O. Box 1179 Eric Sepenoski Southold, New York 11971 Liz Gillooly Telephone(631) 765-1892 Elizabeth Peeples Fax(631) 765-6641 C®U `I,� ' . BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD OF TRUSTEES YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE ACTIVITIES CHECKED OFF BELOW INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain r 1St day of construction '/Z constructed X When project complete, call for compliance inspection; 3 h . !-F>`l * ' `- I/mil -•F' 7: 1� •.� ..--�� - x f �.� ' 1 ,,-'H','G.'t5.''^'+..b:A°1�[Tk3.'S"Kf f�'�P"'^ an':G"`ZSR'Flel�^•�f:.l^''f�1.7G,1^3:':,'ttN"�d3;a''�E...�^Te.^'R'?:i7LaZ5.....=,..M"S'.S."L'R�3.s '.`�'a2,.', mx.a.e*�'enssa1+10.y'.,� ttr,�e 2T'r�y` �I� Y f t � BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK ,7 r. PERMIT NO. 10501 DATE: NOVEMBER 15,2023 ISSUED TO: LUCY WOHLTMAN l PROPERTY ADDRESS: 4955 MOORES LANE, CUTCHOGUE SCTM# 1000-116-2-3 • AUTHORIZATION e Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in " accordance with the Resolution of the Board of Trustees adopted at the meeting held on November 15, 2023, and in consideration of application fee in the sum of$1250.00 paid by Lucy Wobltman. and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct a 15'x50' P in-ground la pool; a 121x25' patio on the south/east g „r. side of pool and a 10' patio surrounding the pool; install pool enclosure fencing with gates; install a pool drywell and pool equipment area; and to install and perpetually maintain a 10' 'a wide vegetated non-turf buffer area using native species located along a portion of the south property line between the pool area and the edge of tidal wetlands using approximately 125 plantings; with the condition of the removal of the miscanthus "fountain"grass between the pool and the wetland area; and as depicted on the site plan prepared by David Cichanowicz, Creative Environmental Design,received on November 15,2023,and stamped approved on November 15,2023. �) IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of the day and year first above written. Q��gpEFO(�.co coo "7 iiW. 'Mr�srnrr.. r-�wtT.a.iT*rnr�'�&s W.�;� SUS`X2N1iat`,.tSSsLs ."Cs,.,"�.ary�'CSGK '�ii3�iPiz�B�tdgt�'Fivi�:fi%@1+.�.i'�5w'4'° �, TERMS AND CONDITIONS The Permittee Lucy Wohltman residing at 4955 Moores Lane Cutchogue„New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of.the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 36 months, which,is considered to be the estimated time required to complete the work involved,but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved,to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees,the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required, upon due notice,to remove or alter this work project herein stated without expenses to the Town of Southold. 8. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit,which may be subject to revoke upon failure to obtain same. 11. No right to trespass or interfere with riparian rights. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights,title, or interest in real or personal property held or vested in a person not a party to the permit. Glenn Goldsmith, President ®F S0 Town Hall Annex A. Nicholas Krupski,Vice President ®� ®�® 54375 Route 25 P.O. Box 1179 Eric Sepenoski Southold,New York 11971 Liz Gillooly C r G Telephone(631) 765-1892 Elizabeth Peeples ® a® Fax(631) 765-6641 COUNTi BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD November 21, 2023 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: LUCY WOHLTMAN 4995 MOORES LANE, CUTCHOGUE SCTM# 1000-116-2-3 Dear Mrs. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, November 15, 2023 regarding the above matter: WHEREAS, Patricia C. Moore, Esq. on behalf of LUCY WOHLTMAN applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated September 1, 2023, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on November 15, 2023, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, r 2 WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, - MHEREAS, the structure complies with the standards set forth in Chapter 275 of the-- Southold he-Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of LUCY WOHLTMAN to construct a 15'x50' in-ground lap pool; a 12'x25' patio on the south/east side of pool and a 10' patio surrounding the pool; install pool enclosure fencing with gates; install a pool drywell and pool equipment area; and to install and perpetually maintain a 10' wide vegetated non-turf buffer area using native species located along a portion of the south property line between the pool area and the edge of tidal wetlands using approximately 125 plantings; with the condition of the removal of the miscanthus "fountain" grass between the pool and the wetland area; and as depicted on the site plan prepared by David Cichanowicz; Creative Environmental Design, received on November 15, 2023, and stamped approved on November 15, 2023. Permit to construct and complete project will expire three years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, GleXGoldsmfiP President, Board of Trustees GG/dd _ _ a _ _ t 1 .9.73' - - _ N . — C) • U I I { z cu I � • I - X10' 01, U V I I U I I I I 10MPE I NON nRFRFFFR I I I I MI � • I I , t ' I I ' LAWN 1 . . 0 I I I I I 10' 0" I I I I I I I I I 10' \ML)E ' I I NON TURA; FLAGGED WETLANDS BUFFER U BY COLE ENVIROMENT ' 319.76 I I � ■ � I � I , � I POOL FENCE , ATE 10'WUE i - NON„ff 110, 0 " MFFER PLANTED W EXISTING t NATNE PLANT SPECIES 24"CAL � ' RED OAK I I - I - �' LAWN I I • I I I I 0 i I RE5VENCE (5005n'' i DW ' I I I I I I EXI5TNG 24"CAL. HIK i 19 WIDE NON TURF . _- - ------- --- BLFFER 38 5F COVER v 5TONE-----'I LP PLANTED W i O i NATWE 10, 01, PLANT SPECIES li Mir ea swaaa— I I W a i 160 ELECTRIC WIRE W TO POOL FILTER 0 160' LP GA5 PIPE �— N --- FROM TANK TO l �! 15'x50' ' - N LAWN POOL NEATER o , I LAP POOL O I I DRIVEWAY ! �— 120 5F I� coPN� I - co --- Sk ' I I , TE - --— — -- — --- LAWN . I � UI , GATE i I 0- D ' I • I w J DRIVEWAY I d��k? d VED BY LAWN BOARD OF -I RUSTEES � ° TOWN OF SOUTHOLD ,,=ATF N 1�lotls,� 2 l- sy-20?, PLANT5 FIGURED FOR s-- BUDGET PURP05E5 } 0 ' LEGEND z LAWN _ COMON Nal Q-r ' FLowER,GRA55 1 ' GRA55,HMaN 10 1 GRA55,NUMIJ 15 TREE,DEaanj5 _ I ' 1 ! O TREE,EVERGREEN ( ARBORVITAE,GREEN GIANT 12 CZYPTOIvt RIA,JAPONICA ) PRUCE WHTE., 4 U) I NATIVE SPECIES APPROX 250 I i PLANTINGS i I • t , I . . t I , I . I , I • I , I ' MI , ' Nt - - - _ Lo ROAD � D r - �o Glenn Goldsmith, President =moo G% Town Trustees A Nicholas Krupski, Vice-President H = 54375 Route 25 Eric Sepenoski o P.O. Box 1179 Liz Gillooly 4y4 aoSouthold, NY 11971 Elizabeth Peeples �l ' ` Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: LUCY WOHLTMAN c/o PATRICIA MOORE, ESQ. Please be advised that your application dated September 1, 2023 has been reviewed by this Board at the regular meeting of November 15. 2023 and your application has been approved pending the completion of the following items checked off below. Revised Plans for proposed project— SILT BOOM Inspection Fee ($50.00) 1 I Day of Construction ($50.00) %Constructed ($50.00) x Final Inspection Fee ($50.00) - Dock Fees ($3.00 per sq. ft.) XX ' The Permittee is required to provide evidence that the non-turf buffer condition of the Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: -ego) TOTAL FEES DUE: $_50.00 C� Z. 2 3 BY: Glenn Goldsmith, President Board of Trustees i.,..... .,... T2ZZ� Glenn Goldsmith,President ��0�. OGy Town Hall Annex A.Nicholas Krupski,Vice President <an 54375 Route 25 Eric Sepenoski y P.O.Box 1179 Liz Gillooly �y • 0�4$�,r Southold,NY 11971 Elizabeth Peeples �Ol Telephone(631)765-1892 Fax(631)765-6641 Southold Town Board of Trustees Field Inspection Report Date/Time: 1► l3 Completed in field by: A Patricia Moore, Esq. on behalf of LUCY WOHLTMAN requests a Wetland Permit to construct a 15'x50' in-ground lap pool; a 12'x25' patio on the south/east side of pool and a 10' patio surrounding the pool; install pool enclosure fencing with gates; install a pool drywell and pool equipment area; and to install and perpetually maintain a 10' wide vegetated non-turf buffer area using native species located along a portion of the south property line between the pool area and the edge of tidal wetlands using approximately 125 plantings. Located: 4955 Moores Lane, Cutchogue. SCTM# 1000-116-2-3 Type/6f area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Part of Town Code proposed work falls under: Chapt. 275 Chapt. 111 other Type of Application: •Wetland Coastal Erosion Amendment Administrative Emergency Pre-Submission Violation Notice of Hearing card posted on property: `�Yes No Not Applicable Info needed/Modifications/Conditions/Etc.: �t Present Were: G Idsmith N�pski E. Sepenoski L. Gillooly E. Peeples 1� %3 [Ct- Glenn Goldsmith, President �0�� cOGy�, Town Hall Annex A. Nicholas Krupski, Vice President 54375 Route 25 Eric Sepenoski P.O. Box 1179 Liz Gillooly �y • ��`' Southold,NY 11971 O Elizabeth Peeples Telephone(631)765-1892 Fax(631)765-6641 Southold Town Board of Trustees Field Inspection Report Date/Time: Completed in field by: Patricia Moore, Esq. on behalf of LUCY WOHLTMAN requests a Wetland Permit to construct a 15'x50' in-ground lap pool; a 12'x25' patio on the south/east side of pool and a 10' patio surrounding the pool; install pool enclosure fencing with gates; install a pool drywell and pool equipment area; and to install and perpetually maintain a 10' wide vegetated non-turf buffer area using native species located along a portion of the south property line between the pool area and the edge of tidal wetlands using approximately 125 plantings. Located: 4955 Moores Lane, Cutchogue. SCTM# 1000-116-2-3 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Part of Town Code proposed work falls under: Chapt. 275 Chapt. 111 other Type of Application: Wetland Coastal Erosion Amendment Administrative Emergency Pre-Submission Violation Notice of Hearing card posted on property: Yes No Not Applicable Info needed/Modifications/Conditions/Etc.: Present Were: G. Goldsmith N. Krupski E. Sepenoski L. Gillooly E. Peeples E C E I V E SEP — 7 2023 �ol Southold Town Board of Trustees #3 REBAR I I III J CERAMIC TILELU m `- Uj iD J > o lil O c 3" CLR z LU Ii z0' m z Q #3 @ 1 2" O.C. VERT. III � _ I � o 3' CLR O G I III L VERIE5 FROM 4' DEPTI-I 0" @ 8'-G" DEPTt1 III SII POOL POOL WALL DETAIL PART PLAN SCALE : SCALE : 1/4" = 1' NEW POOLRobert I. Brown LUCY WOHLTMAN Z. Architect, P.C. '�' 20S5 Bay Ave. Greenport NY 4955 Moores Lane Cutchogue., NY I, into@ribrownarchitect.com SCTM No. i000-116-2-3 T fe 41 0�� 631-477-9752 3 � Ew� February 23, 2023 S.C.T.M. NO. DISTRICT: 1000 SECTION: 115 BLOCK: 2 LOT(S): 3 DRAIN / MON. S 8204710"E LAND N/F OF NORTH FORK COUNTRY CLUB Z HYD. O / O N L.P&AS N �y- O C / 319.7g� BLOCK CURB U.P. COVERED CONC. BELG- MON. ;n 28.5' GRAVEL DRIVEWAY Ox 28.6' GARAGE o yO v n 0 p U.P. Com/ N tie 2 m m 85.5 2 STY FRAME 6.0' ao DWELLING / 4955 a STONE H O 12.7' WALL BAY �, BRICK .�. l PATIO 7.0' 155 .5' (1 n 3 COVERED O �o BRICK BAY is PATIO 25.1 BRICK PATIO `N1 TRELLIS BRICK 2 O PATIO � I� O �/1 Q V� W N o O = 3 N82047'10,,W I o 0 THE WATER SUPPLY, WELLS, DR YWELL S AND CESSPOOL I CID LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS LANG N/F OF AND OR DATA OBTAINED FROM OTHERS. I DAVID TERRY CASE 269.80' REVOCABLE TRUST ON. U.P. AREA:42,902.77 SQ.FT. or 0.98 ACRES ELEVATION DATUM: _________________________ UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A WOLA77ON OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW COPIES OF THIS SURVEY 10 MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN �F ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE PTL£COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77TU77ON LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE ` THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE EREC77ON OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRULYURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY NEW SUFFOLK AVE << L - I +� ; SURVEY oF:DESCRIBED PROPERTY OF NEW CERTIFIED T0: LUCY WOHLTMAN; SEP - 7 2023 MAP OF: H r21M. W0 )0� ADVOCATES ABSTRACT; � FILED: i f STEWART TITLE INSURANCE COMPANY; x 4 SITUATED Ar:CUTCHOGUE r Southold Town c Board ofTnm". TOWN OF:SOUTHOLD O Fy asoeas ��� SUFFOLK COUNTY, NEW YORK KENNETH M WOYCHUK LAND SURVEYING, PLLC a FO N 9 Professional Land Surveying and Design P.O. Box 153 Aquebogue, New York 11931 FILE B 222-102 SCALE:1"=30' DATE: AUGUST 5, 2022 N.Y.S. LISC. NO. 050882 PHONE (831)298-1588 FAX (631) 298-1588 loov - -m (n 1 Z Cu I >I I U ' I UI ' I I I • � I ' D • I I I I O L c: >I 1 I I I o c: U) • I a) FLAGGED WETLANDS I I U BY COLE ENVIRONENT , 319.78' 5ERVICE5 ' > � I f I 1 i ' I � \ POOL FENCE U \ � I `\\ 24"CAL. ; RD OAK , J 0' I 1 \/\ DW , I 1 1 \ I 1 24H AL i I I I LP SF COVER V STOtE � I, 10, 099 160, ELECTRIC WIRE wyy / TO POOL FILTER LL- 4 1 169I LP GAS PIPEFPaA TANK TO /A POOL Poop HEATER N vv I ) POP DRIVEWAY -- /, 1205F ,- � • I C6 I ' I , TE I X" i GATE I CCS 1 Ak -- ' DRIVEWAY �a - g 4 z . _._ . ,._ _f , r 1 0 OCT 1 2 2023 PLANTS FIGAJRED FOR Board of Trustees I , I BUDGET PURP05E5 �EGEND ' COnMION NAIVE QTY i FwwER,GRAAss ' ' GRASS, N 10 GRA95,MAVEN 15 � ' TREF,aaUUr-, TREE,EVERGREIN - AIz5mArAE,GREEN GmT 12 I I CRYPTONERIA,JAPONICA 3 5PRUCE WHTE _z 4 U NATIVE 5PEGE5 ' APMOX 125 i PLANTING5 I • I , I � 146.29 5 T HOR ROAD � U t � •� yf '� , f'� li °' mfr, elf R ..,yam wal�•f ti � •� MI ' y"'� ♦ 1P. 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OnIC WiD T—T w as 2 w. 2awcl S ? .� c..,...�. �. r 2-W4 EMl a e Lz, 31 v av 4141 mm,.ars.. z { 2eMc1 2Nsl s I - 1 ie ��tk 3 r, �a1iM9 •2-m-, ",)6 bN $ sP!1.SV,.el .n2.e1n —�.2aE e�a ; F ! ------------ •- tn —C—E 2Rc12.1 1 V a2 •aa ' sJN -e. .: s , . , . ^« na tis T. .1µcr r'y. I 1 3 2 c1 , +r., a anis 2 •1S i .am a. PECONIC _ * I5'• .w2u l h , a wunloEo s .` it SrAr Nog.m `i ., s13 1 LD.45.PD a ro \ o 1 <��p v V ' g SEE SEC nC 1]+ <•2 PQ Po Swk) PQ f = M. - — ....... . COUNTY OFSUFFO LK© 2lO11GE a ,W,K +ow sEcnw rlo w »h.a o os�nE Y . r c.. .na sourlloEn 116 U " __.._— r r., (21) 9 To: Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry, AICP LWRP Coordinator Date: November 14, 2023 Re: LWRP Coastal Consistency Review for LUCY WOHLTMAN SCTM# 1000-116-2-3 The Zoning Board of Appeals issued a determination (7787) on this action on June, 2023. Patricia Moore, Esq. on behalf of LUCY WOHLTMAN requests a Wetland Permit to construct a 15'x50' in-ground lap pool; a 12'x25' patio on the south/east side of pool and a 10' patio surrounding the pool; install pool enclosure fencing with gates; install a pool drywell and pool equipment area; and to install and perpetually maintain a 10' wide vegetated non-turf buffer area using native species located along a portion of the south property line between the pool area and the edge of tidal wetlands using approximately 125 plantings. Located: 4955 Moores Lane, Cutchogue. SCTM# 1000-116-2-3 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, it is my recommendation that the action is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Honorable Lori Hulse, Attorney ,�,vglf 04* John G. Stein,Chairperson Cz = Town Hall,53095 Main Rd. Lauren Standish, Secretary P.O.Box 1179 Southold,NY 11971 Telephone(631)765-1889 Fax(631)765-1823 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held on Wed., November 8, 2023, the following recommendation was made: Moved by Shannon Wright, seconded by Carol Brown, it was RESOLVED to NOT SUPPORT the application of LUCY WOHLTMAN for a 15'X 50' lap pool with 12'X 25' patio on southeast side of pool and 10' patio surrounding the pool; raise grade 18"; pool fence 15' with gates, and with landscape plan prepared by Creative Environmental Design. Located: 4955 Moore's Lane, Cutchogue. SCTM#116-2-3 Inspected by: John, Chandler, Shannon Wright, Carol Brown The CAC does Not Support the application due to the location of the proposed pool 20' from the wetlands, which is out of compliance with Ch. 275. Vote of Council: Ayes: All Motion Carried PROJECT DESCRIPTION- Lucy Wohltman RE: 4955 Moores Lane,Cutchogue SCTM: 1000-116.-2-3 Proposed 15' x 50' in ground lap pool 12'x 25' patio on the south/east side of pool and 10' patio surrounding the pool Pool fence from house 15 linear feet with a gate,fence length 50' x 112'x 45'x60'x 20' Landscape plan dated 10/10/23 by Creative Environmental showing 10' non-turf buffer with native species between pool and wetlands on adjacent parcel (flagged by Cole Environmental). Wetlands determined to be formerly connected tidal wetlands. Additional buffer planted along proposed pool fence. (approx. 125 plants to be planted) f1� C7 EA, r ;. OCT 1 2 2023 L _ 70Lz11!d ToWn p'M @pard of T�! ft CAN ,_ JED to mailed BOARD MEMBERS ESO!/ Southold Town Hall Leslie Kanes Weisman,Chairperson �0. ry 53095 Main Road•P.O.Box 1179 Patricia Acampora h�� �0 Southold,NY 11971-0959 Eric Dantes #[. t Office Location: Robert Lehnert,Jr. H ac. Town Annex/First Floor Nicholas Planamento 54375 Main Road(at Youngs Avenue) !y� Southold,NY 11971 OUT; RECEIVED http://southoldtownny.gov 44W G 339 ZONING BOARD OF APPEALS A 2 0 2023 1 TOWN OF SOUTHOLD Tel.(631)765-1809 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JUNE 15,2023 ZBA FILE:7787 NAME OF APPLICANT:Lucy Wohltman PROPERTY LOCATION: 4955 Moores Lane,Cutchogue,NY SCTM No. 1000-116-2-3 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and.determines that this review falls under the Type II category of the.State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and isnot subject to review under Chapter 268. PROPERTY.TACTS/DESCRIPTION: The subject property is a 42,902 sq.ft.conforming parcel located in an R- 40 Zoning District. The parcel has a 146.29 feet frontage along Short Road,then runs west for 319.78 feet to Moore's Lane,the property then turns south for 149.73 feet along Moore's Lane before returning 269. 8 feet back to Short Road. The property is improved with a two-story frame residence,with a brick patio and trellis. All as shown on a survey prepared by Kenneth M.Woychuck,Land Surveyor dated August 5,2022.(Proposed pool to be relocated) BASIS OF APPLICATION: Request for a Variance from Article III, Section 280-15 and the Building Inspector's February 15,2023 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 required rear yard; located at 4955 Moore's Lane,Cutchogue, NY.SCTM No. 1000-116-2-3. RELIEF REQUESTED: The applicant requests a variance to construct an accessory in-ground swimming pool in . the non-conforming side yard,instead of a conforming rear yard location. ADDITIONALINFORM- ATION: The property has two road frontages,but the property address is listed as Moore's Lane. The existing residence currently has a Certificate of Occupancy,#10459,dated April 17,1981 for the existing dwelling;and another Certificate of Occupancy#40957 dated December 23,2019 for alterations to the dwelling. The applicant's representative presented a landscape plan,depicting landscaping that will create privacy screening from both road frontages, prepared by David Cichanowic4 dated November 10, 2022 showing the pool location being shifted further east toward Short Road and set back 110 ft.7 in.from the front yard property line. The applicant was asked to provide a signed and sealed site plan or survey by a design professional with the revised location and distances. Page 2,June 15,2023 #7787,Wohltman SCTM No. 1000-116-2-3 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 1,2023 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 house is sited on the property with two front yards,such that Ithe side yard is the functional rear yard of the house. The placement of the pool will not have any undesirable change to the character of the neighborhood.It will be screened from view by existing and proposed landscaping 2. Town Law 4267-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 property being a"through lot"with two road frontages,any placement of an accessory structure on the property would need variance relief. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing a 100% relief from the code.However,due to the fact that the property has two front yards,the side yard-is the functional rear yard of the property.Additionally,the pool is proposed as-far from the wetlands along Moores Lane as possible and,as proposed,conforms to all the setback requirements for an accessory structure. I 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)(bl(51. 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 necessary and adequate to enable the applicant to enjoy the benefit of an accessory in-ground swimming pool while preseiving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD:In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Lehnert,seconded by Member Planamento,and duly carried, i to GRANT the variance as applied for,and shown on the Landscape Plan prepared by David Cichanowicz and signed and sealed by Robert I.Brown,R.A.,dated June 6,2023. SUBJECT TO THE FOLLOWING CONDMONS: 1. Pool pump equipmentlmechanicals 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 0 1 Page 3,June 15,2023 #7787,Wohitman SCTM No. 1000-116-2-3 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 nonconforndty. IMPORTANT LDHTS ON THE APPROVAL(S1 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 Zod ing Board of Appeals Any deviation from the variances)granted herein as shown on the architectural drawings,site plan and/or survey cited above,such as alterations,extensions,demolitions,or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformilles under the zoning code. This action does not authorize or condone any current or future ase,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.ITIS 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 ofOccupancy,nullify the approved variance relief,.and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes:Members Weisman(Chairperson),Acampora,Dantes,LehneM and Planamento(5-0): Leslie Kanes We-i skiYain.Chairperson Approved for filing /1bir12023 DiSalvo, Diane From: Patricia C. Moore <pcmoore@mooreattys.com> Sent: Friday, September 22, 2023 1:24 PM To: Cantrell, Elizabeth; DiSalvo, Diane Cc: Betsy Perkins; Kylee DeFrese Subject: Barnard &Wholtman Hi Elizabeth & Diane- I will be away in October. Please schedule these applications for November. Thank you Pat Patricia C. Moore, Esq. PLEASE BE SURE TO COPY MY_ ASSISTANTS! betsv@mooreattys.com,and kylee@mooreattys.com --------------------------- Mailing & Physical Address: Moore Law Offices 51020 Main Road William D. Moore, Esq. Southold NY 11971 631.765.4663 Fax Number: Patricia C. Moore, Esq. 631.765.4643 631.765.4330 www.mooreattys.com ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 Glenn Goldsmith,President `{ ��� S0UTy Town Hall Annex A.Nicholas Krupski,Vice President i�v� OHO 54375 Route 25 P.O.Box 1179 Eric SepenoskiI Southold,New York 11971 Liz Gillooly G Q Telephone(631) 765-1892 Elizabeth Peeples ® yo Fax(631) 765-6641 o�yCOUNV r, BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ► SEP This Section For Office Use Only 1� Coastal Erosion Permit Application �n 3GarW cFTrJstees Wetland Permit Application Administrative Permit _ Amendment/Transfer/Extens}* n o�Received Application: Received Fee: $ 125D. Completed Application: Incomplete: SEQRA Classification: Type I__ Type II Unlisted Negative Dec. Positive Dec. Lead Agency Determination Date: Coordination:(date sent): --W—LWRP Consistency Assssrnpnt Form Sent: i I 3 '3r—CAC Referral Sent: 10 7. 6 d` X Date of Inspection: 111 SID> Receipt of CAC Report: Technical Review: _ Public Hearing Held: -�-1 ;0 Resolution: t S a3 Owner(s)Legal Name of Property (as shown on Deed): Lucy Wohltman _ Mailing Address: 98 Crown Terrace, San Francisco CA 94114 Phone Number: 415-699-5181 Suffolk County Tax Map Number: 1000- 116-2-3 Property Location: 4955 Moores Lane, Cutchogue (If necessary,provide LILCO Pole 4, distance to cross streets, and location) AGENT(If applicable): Patricia C. Moore Mailing Address: 51020 Main Road, Southold NY 11971 Phone Number: 631-765-4330 Email: pcmoore@mooreattys.com Board of Trustees Application GENERAL DATA Land Area(in square feet): 42,902 SF Area Zoning: R-40 Previous use of property: Existing house Intended use of property: in ground pool Covenants and Restrictions on property? Yes __No If"Yes",please provide a copy. Will this project require a Building Permit as per Town Code? Yes _nNo If"Yes",be advised this application will be reviewed by the Building Dept.prior to a Board of Trustee review and Elevation Plans will be required. Does this project require a variance from the Zoning Board of Appeals? =Yes _Z_No If"Yes", please provide copy of decision. is project reqpirq any demolition as per Town Code or as determined by the Building Dept.? Yes No Does the structure(s) on property have a valid Certificate of Occupancy? Yes J::I_No Prior permits/approvals for site improvements: Agency Date letter of no jurisdiction-(need permit) 8-15-23 0✓ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency?]?J_NoE Yes If yes,provide explanation: N/A Project Description(use attachments if necessary): 15' x 50 Lap Pool with 12 x 25' patio on south/east side of pool and 10' patio surrounding the pool; raise grade 18"; pool fence 15 If with gate x 50 If x 112 If x 45 If x 601f x 20 If with gate with plandscape plan prepared by Creative Environmental Design Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: in ground pool and landscaping I Area of wetlands on lot: on adjacent parcel square feet Percent coverage of lot: 0 % Closest distance between nearest existing structure and upland edge of wetlands: @40_feet Closest distance between nearest proposed structure and upland edge of wetlands: @20 feet Does the project involve excavation or filling? ❑ No ✓ Yes If yes, how much material will be excavated? pool cubic yards How much material will be filled? tOp Soil 18" cubic yards Depth of which material will be removed or deposited: raise 18" feet Proposed slope throughout the area of operations: flat Manner in which material will be removed or deposited: small equipment and by hand (planting) Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): none 61 Z20 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 I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part l -Project and Sponsor Information Lucy Wohltman Name of Action or'Project: Lucy Wohltman pool Project Location(describe,and attach a location map): 4955 Moores Lane, Cutchogue Brief Description of Proposed Action: in ground Lap pool and landscaping Name of Applicant or Sponsor: Telephone: Lucy Wohltman E-Mail:pCM00re@mooreattys.com Address: 98 Crown Terrace City/PO: State: Zip Code: San Francisco I CA 194114 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 R1 ❑ 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: FV_1 ❑ received ZBA 3.a.Total acreage of the site of the proposed action? 1 acres b.Total acreage to be physically disturbed? .25 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 1 acres 4. Che 1 land us at occur on,adjoining an ar the propq=4 action. Urban Rural(non-agriculture) Industrial Commercial ❑✓ Residential (suburban) Forest Agriculture Aquatic QOther(specify): Parkland Page 1 of 4 5. 1s the proposed action, NO YES 'N/A a.A permitted use under the zoning regulations? NVE_b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO I YES landscape? `/ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: R1 ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? ✓ 1H I c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? `/ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ❑ ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ❑ 1 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: _N/A R1 ❑ 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: Case parcel-adjacent wetlands 14. ntify the typic bitat types that oc n,or are likely to be found on tF�e.groject site. Check all that apply: Shoreline Forest Agricultural/grasslands Early mid-successional ✓ Wetland �/ Urban Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? ✓ 16.is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? RNO1191 If Yes, a ❑ a.Will storm water discharges flow to adjacent properties? ❑✓ NO OYES b.Will storm water discharges be directed to established conveyance systemsff an m drains)? If Yes,briefly describe: ✓ NO ES 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 closed NO YES solid waste management facility? If Yes,describe: n ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor na € Patricia Ore Date:9-1-23 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ❑ 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the ❑ 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? El 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? El 1:1 9_ Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage EIproblems? El 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-tern, long-term and cumulative impacts. Check this box if you have determined,based ori 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. 0 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. Town of Southold-Hoard of Trustees Name of Lead Agency Date President 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) PRINT Page 4 of 4 Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) Lucy Wohltman, as owner of premises 4955 Moores Lane., Cutchogue,NY 11935, (sctm: 1000-116.-2-3),residing at 98 Crown Terrace, San Francisco, CA do hereby authorize my attorney,Patricia C. Moore,to apply for permit(s) and appear before the Southold Board of Town Trustees on my behalf. I C r �x✓ owner's signature) Lucy Wohltman Sworn to before me this 1 day of S7 ,2023 S- Not ry Public KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01 DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information,which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: WOHLTMAN,LUCY,and MOORE,PATRICIA (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company. If so,indicate the other person or company name.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees X Do you personally,(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of(or employment by) a corporation in which the Town officer or employee owns more than 5%of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person:_ Describe that relationship between yourself(the applicant) and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (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 T�day of Se 2023 "/, /?, W,44,) Lucy WohltmA ,owner C.Moore Board of Trustees Application County of SUFFOLK State of New York LUCY WOHLTMAN,BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE/THEY IS/ARE THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HISMER KNOWLEDGE AND BELIEF,AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. IC_ LIKCY W TMAN Sworn to before me this day of , 2023 Rfl S it.l.P. P No ary�Public KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01 DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 Board of Trustees Applic--=_on PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS APPLICATION NAME & SCTM#: NAME: VJ 9.11 STATE OF NEW YORK COUNTY OF SUFFOLK residing at being duly sworn, deposes and says that on the day of , 20 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office located at that said Notices were mailed to each of said persons by CERTIFIED MAILIRETURN RECEIPT. Signature Sworn to before me this, Day of 720 Notary Public NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Southold Town Board of Trustees at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: LUCY WOHLTMAN SUBJECT OF PUBLIC HEARING: For a Wetland Permit to construct a 15'x50' in-ground lap pool; a 12'x25' patio on the south/east side of pool and a 10' patio surrounding the pool; install pool enclosure fencing with gates; install a pool drywell and pool equipment area; and to install and perpetually maintain a 10' wide vegetated non-turf buffer area using native species located along a portion of the south property line between the pool area and the edge of tidal wetlands using approximately 125 plantings. Located: 4955 Moores Lane, Cutchogue. SCTM# 1000-116-2-3 TIME & DATE OF PUBLIC HEARING: Wednesday, November 15, 2023 — at or about 5:30P.M. If you have an interest in this project, you are invited to view the Town file(s) which are available online at www.southoldtownny.gov and/or in the Trustee Office until to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 Town of Southold LWRP CONSISTENCY.ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its si ifi�cant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 1 If any question in Section C on this form is answered "yes" or"no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supporting facts. 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# 116 _2 _3 PROJECT NAME Lucy Wohltman The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees ❑� 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital ❑ construction,planning activity,agency regulation,land Iransaction) ❑ (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: ❑ Nature and extent of action: in ground lap pool and landscaping, raise grade 18" i r Location of action: 4955 Moores Lane, Cutchogue Site acreage: 1 acre Present land use: house Present zoning classification: r-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Lucy Wohltman (b) Mailing address: 98 Crown Terrace, San Francisco CA 94114 (c) Telephone number: 415-699-5181 Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No Ft-/] If yes,which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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. Ft/1 Yes ❑ No ❑ Not Applicable accessory structure to.single family dwelling LWRP reviewed for ZBA application(found to be a minor action) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑✓ Yes ❑ No❑ Not Applicable landscape plan will enhance the property and protect the scenic resources Attach ad itional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑I Yes ❑ No ❑ Not Applicable placed in side yard of house and away from roads which may experience storm flooding Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section HI —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No ONot Applicable Attach additional s eets 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 ❑No Fv] Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑No❑✓ Not Applicable 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 0 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 0 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 M.—Policies; Pages 47 through 56 for evaluation criteria. ❑Yes ❑ No ❑✓ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑Yes ❑ No❑✓ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑Yes ❑ No❑✓ Not Applicable PREPARED BY Patricia C. Moore TITLE Attorney DATE 9-1-23 BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF SIGN WOHLTMAN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-116.-2-3 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Greenport, New York being duly sworn, depose and say that: On the 71'day of November, 2023,I personally posted the property known as 4955 MOORES LANE, CUTCHOGUE, New York by placing the board of Trustees official Poster where it can easily be seen, and that I have checked to be re the post has remained in place for eight (8) days prior to the d to of the public ea ing. Date of Hearing to be held on Wednesday, NOVEMBER 15, at or ab :30 m. Betsy P , s Sworn to before me this 151h day of November, 2023 S . Notary Public KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01 DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 COMPLETE • ON COMPLETE • ■ Complete items 1,2,and 3. A. ig atur ❑Agent 1 ■ Print your name and address on the reverse X J ❑Addressee ro � ts so that we can;return the card to you. B. Received by(Printed ame) Date of Delivery 4 a > ® m W ■ Attach#iiis.card:to the back of the mailpiece, N CL- or on the-front if-space permits. o,'a o ° °�= g E d Q Q O Z -g2 008 1. Article Addressed to: _ _ D. Is delivery address different from item 1. ❑Yes 0 13 a, .a v -- — — — ---- - - - — If YES,enter delivery address below: ❑No is d d 0 0 v I Ij N N N N N U Dunewood Tfuglia ° °12002 a` ¢crnrn¢ E ❑❑❑ ❑❑ o j (leen Truglia - 0 O N '2+. `j 2 Short Road 0 I Outohogue, NY 11935 j I Z n 0 __— --—--— — -- - —-- — —- ) 3. Service Type ❑Priority Mail Express@ ` a) d II I Iiilil IIII IIII IIIIIISIII III I IIII IIIIIIII III ❑Adult Signature ❑Registered MailTR i d [I Adult Signature Restricted Delivery ❑Registered Mail Restricted °a N N 2.� 2 ❑Certified MailO Delivery �. ¢ . 9590 9402 8180 3030 5631 24 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationT"+ m O ° ° °' ❑Signature Confirmation v a) ❑Collect on Delivery a) ❑Collect on Delivery Restricted Delivery Restricted Delivery iti a) c c c c M m o I 2. Article Number(Transfer from service label) 1:3 insured Mail rn d v>- A�.L °w o 11 Insured Mail Restricted Delivery y= `-t�V ° ° `' (over$500) co a a 0 o o c c o - - ----- - ----- Q m - - — --- a¢UUUU_ i Ps Fora,38111,IJuly 2020 PSN77530t02-000-9053 t Domestic Return Receipt ch El 13 E3 1:11:1❑1:1,13 Q CP Uj ot N o SENDER: COMPLEETE THIS SECTION COmPLFrE THIS SECTION ON DELIVER C3 r. � 5 1% N ate"' f0 ri r Cis 0 ■ Completeaiter[r ,2,and 3. A Sig o > � 'j w 8::::::: o ■.Print your iimvand hddress on thexeverse ❑Agent II °-0 o� � o ami Z� o �._...._ � so that we-car '-turn the card to you. X ❑Addressee ! t ch a v 6 m O a> C) �+--- z ■ Attach this card to the back of the mailpiece, B. Xelved by(Printed Name) C. Date of Delivery } c v a oriwor on the front if space permits. it/ts /�/al Y, m ca c t_ °�' Q a) o o '" o 1. Article Addressed to: D. Is deliveryaddress different from item 1? ❑Yes i N ca 9 0 ° co N - a If YES,enter delivery address below: p No I r y a a k 0) ra 1° C N V UdrT- 6 o CO ) = o =.._.... 17 t a M Town of Southold 0 Q ; COMPLETE • COMPLE7E THIS SECTION ON DELIVERY ■ Complete items-1,2,and 3. A.1 igytatur ■ Print your name and address on the reverse X d ❑Agent so that we can,return the card to you. ❑Addressee ; w,,. ;:: ■ Attach t iis;cWAD the back of the mailpiece, B. Received by(Printed ame) Date of Delivery �a p or on the..frarit='tfs ace permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No Dunewood Truglia (leen Truglia 2 Short Road Gutchogue, NY 11935 3. Service Type ❑Priority Mail Expresso ❑Adult Signature ❑Registered MaiITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 81$0 3030 5631 24 O Certified Mall® Delivery ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail 13 Insured Mail Restricted Delivery PS,Form 3811',JUIy 2020 PSN 7530`.02-000-9053 over$500} _. Domestic Return Receipt LAW OFFICE OF PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 631.765.4330 MEMORANDUM TO: Trustees FROM: PAnUCIA C.MOORE(BY:KD) SUBJECT: Mailing Affidavit- Wohltman DATE: November 7, 2023 CC: COMMENT: Enclosed please find: 1. Affidavit of Mailing 2. Postal Receipts 3. Mailing List BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF WOHLTMAN MAILING Applicant's Land Identified as 1000-116.-2-3 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I,KYLEE DEFRESE,residing at Peconic, New York,being duly sworn, depose and say that: On the Th Day of November,2023, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the persons listed on the attached list at the addresses set below their respective names;that the addresses set below the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold;that said notices were mailed at the United States Post Office at Southold, New York, that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. KYLEE DEFRESE Swjn to before me 7�day of Novem er 023 ( otar Public) Bey A.PERKINS Notary Publla,State of New York No.01 PE030636 Qualified in SeSf�uky 18n���� �omrn�, ,ton Exp U.S. 'Postal Servi ce TM Postal ` PREC ■ oRECEIPT CERTIFIED MAILM M Domestic Mail Only Ln I ru Domestic Mail Only "� For delivery in,formatioh,visit our Website at'www.usps.com". r. i tR..? ,i \..::.• f-t' �.::.,.:3 ..S (Cl rCertified Mail Fee Certified Mail Fee Er Extra Services&Fees(check box,add fee as appropriate) f��.Lv�"�" J oyV����t Extra turnSerRace[&Fees(check box,add/ee as appr`,�dat �,mow•3J� tq ❑Return Receipt(hardcopy) $ •,rA .y ❑Return Receipt(hardcopy) $ f Ci's' Return Receipt electronic $ •`•X Postmark. 1-' p ❑Return Receipt(electronic) $ v�� p ;lark r3 ❑ P(electronic) % I Certified Mall Restricted Delivery $ 7 d ^�•' 1 C3 ❑Certified Mall Restricted Delivery $ '1 7 I Here (� I � ❑ H-Pm C3 []Adult Signature RequiredO ❑ AduR Signature Required $ []Adult Signature Restricted Delivery$ ❑Adult Signature Restricted Delivery$ y. ._ <�aQ o a 1 o Postage o a Postage S \\a' Er n 7 1 O MTc Crv7ED M IEr .� D Alf r-9 ' North Fork Country Club 17-9s. red Levitt ---------------- C3 �i Megan Bowles - a� - PO Box 725 1 4370 Moores Lane ( t Cutchogue, NY 11935 1 Cutcho ue NY 11935. :rr r .. r .. r• •r. NOWTM --- --- Postal ; Postal CERTIFIED o . CERTIFIED oRECEIPT S bomestic Mai.1 Only Doniestic Mail Only u7 Ln CIO For delivery information,visit,our Cr ` y (; (k (.! L`1, :i;1 \site at •€ C I � I jai Vmy Jl Certified Mail Fee r-9 Certified Mail Fee 117 Er Extra Services&Fees(checkbox,add fee asapp �•-- ��r vExtra Services&Fees(check box,add fee as appropriate) ❑Return Receipt(hardcopy) .$ E]Return (h Return Receipt erdcopy) $ (•"+ r� r °` r� � n j J O ❑Return Receipt(electronic) $ r C;`i` Postmarwk r ❑Return Receipt(electronic) $ ) _ _ Postmark )I Certified Mail Restricted Delivery $ 4,•`� c4 t= ❑ '-�r ,,,- Here n r3 Certified Mall Restricted Delivery $ ❑ ) Op $ C:] E]Adult Signature Required $ '* r ,<•,"� Adult Signature Restricted Delivery$ i Q'< _ f 4' Delivery$ [3 Adult r ❑Adult Signature Restricted Delive )-3 Postage i 1 C3 PostageEr Er _ M 4•.UM i�p m a 1 Town of Southold a David Terry Case Revocable Trust --------------- 0 9201 Foster Street,Apt. 108 PO Box 1179 Southold, NY 11971 -- '-" Overland Park, KS 66212 -----------PS Forni:3800,ApKil 2015 pSN 7530-02-000-9047 See Reverse for Instruction= -- 1 U,.S. Postal Service" U.S. Postal Servicem o . ECE] ■ .CETIFo . ■ CERTIFIEr� ,..D Domestic Mail Only � e. Only , L) ul ra rD r , [FO • "� r `N 1') A i r i...,;: • .i i.. , t•xxz ,e p•:"\\ C1 , i; ,'a „�;.•.x f F".5 i1 Iy` (y ,ft 3 jj S I.i / �x.iw/ l.`...'Mt IT" 4";.tr :f t1 \,:'� Certified Mail Fee '1 t _ �� 1 '� Certified Mail Fee µ 0 e _ Er $ 11977w Extra Services&Fees(checkbox,add fee as eppvrdpNate) J� `�� Extra Services&Fees(checkbox,add fee as appro`ate)y"`'--r��"•,.�� ❑Return Receipt(hardcoPY) $ A\ -J ❑Return Receipt(hardcopy) $ '' O ❑Return Receipt(electronic) $ Pokstmark. ❑Return Receipt(electronic) $ POst� O El Certified Mall Restricted Dellvery $ Here p ❑Certlfled Mall Restricted Delivery $ )1 H p- (, I3 ❑Adult Signature Required $ q_ O ❑Adult Signature Required $ ( — O []Adult Signature Restricted Delivery$ ❑Adult Signature Restricted Delivery$ •t� -i�1 /�f�,r) 1 Postage .iii.�'�p r i PostageEr ���s O $ O $ 17z S`��� ' IT7 Tot m To 1:10 $ Zarko Svatovic $ Dunewood Truglia r-9 So, Barbara Best r-1 s' (leen Truglia §i ----------- r` �-rn r- ---- 250 Mercer Street I � t~ 2 Short Road i U New York, NY 10012 '- ci Cutchogue, NY 11935 ---- Postal i . I � oRECEIPT co Domestic Mail Only � � , (tt l••-.m Er Lij r=1 Certified Mail Fee E• Extra Services&Fees(check box,add fee as appropriate) - r ❑Return Receipt(hardcopy) ,$ 0 ❑Return Receipt(electronic) $ 977 Postmark p ❑Certified Mall Restricted Delivery $ �j Here ): ❑Adult Signature Required $ �v• -° �M1A�,�•\j ❑Adult Signature Restricted Delivery$ Postage 1 Z % O $ 111�$$ ;. y M T< \'A Q $ Trina Wa clfo Co ra s' PO Box 786��r d 5TH ------------ N Cutchogue, NY 11935 Ic ---------- WOHLTMAN NEIGHBOR LIST North Fork Country Club 7 018 3090 0001 4 919 8523 PO Box 725 Cutchogue NY 11935 i Sctm: 1000-109.4-8.3 Alfred Levitt 7018 3090 0001 4919 8530 Megan Bowles — - — ----- — ---- __ _ 4370 Moores Lane Cutchogue NY 11935 Sctm: 1000-116.4-9.1 Town of Southold 7018 3090 0001 4919 8547 PO Box 1179 _ __ _ _____ __ J, Southold NY 11971 Sctm: 1000-116.4-9.2 David Terry Case Revocable Trust 7 018 3090 0001 4 919 8.554 9201 Foster Street,Apt. 108 Overland Park KS 66212 Sctm: 1000-116.-2-4 Zarko Svatovic 7 018 3090 0001 49198561 Barbara Best - - _ 250 Mercer Street New York NY 10012 Sctm: 1000-116.-2-5 Dunewood Truglia 7 018 3090 0001 49198578 Ileen Truglia -- --_ 2 Short Road Cutchogue NY 11935 Sctm: 1000-116.-2-7 Trina Waldron 7018 3090 0001 4919 8585 I PO Box 786 Cutchogue,NY 11935 Sctm: 1000-116.-2-8