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Savarese, Richard & Joann
n f is 1 �%UFFDj/(ea John G.Stein,Chairperson y Town Hall,53095 Main Rd. Lauren Standish,Secretary o P.O.Box 1179 • '� Southold,NY 11971 y�Ol �aO� 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., May 10, 2023, the following recommendation was made: Moved by John Stein, .seconded by Caroline Burghardt, it was RESOLVED to SUPPORT the application of RICHARD & JOANN SAVARESE to legalize the as-built deck with pergola and staircase and outdoor grill. Permit#8356 approved reconstruction of existing 16'X 16' deck and steps. Located: 2575 Old Orchard Lane, East Marion. SCTM#37-6-7.1 Inspected by: John Stein Vote of Council: Ayes: All Motion Carried Glenn Goldsmith,President ���� ����;r ,, Town Hall Annex A.Nicholas Krupski,Vice President ' 54375 Route 25 P.O. Box 1179 Eric Sepenoski Southold,New York 11971 Liz Gillooly ,h Telephone(631) 765.1892 Elizabeth Peeples �' Y Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOU` HOLD This Section For Office Use Only Coastal Erosion Permit Application - ------ Wetland Permit Application ' Administrative Permit ;y" Amendment/Transfer/Extension k Received Application: MAR 5 2023 ZReceived Fee: Completed Application: •Z� t Incomplete: . SEQRA Classification: Type I Type II Unlisted Negative Dec. Positive Dec. Lead Agency Determination Date: Coordination:(date sent):_ —'LWRP Consistency Assessment Form Sent: —'CAC Referral Sent: -�7—Date of Inspection: Receipt of CAC Report: _ Technical Review: ✓ Public Hearing Held:,-, ��I •2,3 Resolution: Owner(s)Legal Name of Property (as shown on Deed):XP/C&A .n Tc j�13¢✓/�sQ.�S"L� Mailing Address: UZ !J �h 1'l.' . �CzDD,�ILYN A Phone Number: Gal— 094 Z�1� Suffolk County Tax Map Number: 1000- 7— 4� �. f Property Location: 2 Jam75 dza O�f✓/��¢i�� ��/1/,� (If necessary,provide LILCO Pole#, distance to cross streets, and location) AGENT(If applicable): Mailing Address: o6 Q7 /VY l 9 Phone Number: 676 6.5"8 - A 5 07 Email: H/</ 67 1, 1iE -AI 77 Board of Trustees Application GENERAL DATA Land Area(in square feet): -7"3 /8 Area Zoning: R-4 0 Previous use of property:,__ , LDP-�/�/v /, l i�i'7/L Intended use of property: )tAZ HII Covenants and Restrictions on property? Yes No If"Yes",please provide a copy. Will this project require a Building Permit as per Town Code? : x Yes : No 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 _ < No If"Yes",please provide copy of decision. Will this project require 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? X_Yes No Prior permits/approvals for site improvements: Agency Date -721FUJ722�- Al 0. 2/4 6 d 0 2 zeC ,p� No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes,provide explanation:. Project Description(use attachments if necessary): Z or6, A?Z IlAr "-A17-G/P,�rL'�G fhe �'DV R,6C6N C 0 0� ZX15*71 /6 6 DFCK 2 S1C �4 .SOU T/ r1/ i Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: z Z12' ��r/��L/LT Area of wetlands on lot: O square feet Percent coverage of lot: 8 % Closest distance between nearest existing structure and upland edge of wetlands:W1.4 feet Closest distance between nearest proposed structure and upland edge of wetlands: &k feet Does the project involve excavation or filling? Y No Yes If yes, how much material will be excavated? cubic yards How much material will be filled? JV DU6 cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations: _" ]� Manner in which material will be removed or deposited: 1h 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): Al Ems-' ' ylc r o, Ul w� ��f�d�' J�' 1�'C.�s 6.17.20 Appendix B Short Environmental Assessment Form Instructions.for,Co.i.n.nletin:g Part I -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. Complete all items in Part 1. You may also provide any additional infonnation which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: J W VA2 Project.Location(describe,and attach a location map): Brief Description of Proposed Action: p�Cie 116 `x'21.25- .��"6 �'�� W� x ? -38 ,��/' QuT'GOD'i2 C-+�'!� ��1Z�'91,r'�f t9 -6 iPOV,2c/� ���!/ U��D'� o,C EWIT-IN67 l6ht/6 D�C,��?�6.s�= '4�ta 5, 6 'xq 'rr,�vs ,�' 6'u�>p avAIP Name of Applicant or Sponsor: Telephone: _ 68 ,67 .. .E-M. Address: City/PO: State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that 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? C acres c.Total acreage(project site and any contiguous properties)owned el 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 ❑Cornmercial PdResidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ b.Consistent with the adopted comprehensive plan? F-1 El 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7 lip( 7, is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES [f Yes,identify: � ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES (C ISJ ❑ b.Are public transportation service(s)available at or near the site of the proposed action? X Elc.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? El 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 technologi s; D -- MIA 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: A[IA 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: Fur ❑ 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? Lei- 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 ❑ 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 stomp water discharges flaw to adjacent properties? ❑NO YES EJ b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO 7YES 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? [f Yes,describe: � ❑ 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 TIIE BEST OF MY KNOWLEDGE Applicant/sponsor name: Afl C6L=L /-. <'I JV,4 VZ Date: q Z ZZ 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 I. Will the proposed action create a material conflict with an adopted land use plan or zoning El El 2.2. 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 cornmunity? El 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 n affect existing infrastructure for mass transit,biking or walkway? (J'. 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? El 7. Will the proposed action impact existing: Ea a.public/private water supplies? b.public/private wastewater treatment utilities? ❑ 8. Will the proposed action impair the character or quality of important historic,archaeological, ❑ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage Elproblems? 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 Pan 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. n Check this box if you have determined,based on the information and analysis above,and any supporting documentation, I—s 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. Town of Southold-Board 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 ' r Board of Trus tee:a Application AFFIDAVIT :4;. BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SIIE :IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE 'TO THE BEST OF HIS/HER M'401VLEDGE AND BIELIEF, AND THAI' ALL WORK WILL BE DONE IN THE MANNER SET FORTH IP1 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 BOARD OF TRUSTEES HARMLESS AND :FREE FROM ANY AND ALI., DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE; OF SAID PERM:IT(S), IF GRANTED. IN COMPLETING THIS AYP:LICATION,I HEREBY AUTHORIZE THE TRUSTEES, 'THEIR AGENT(S) OR REPRESE1`TATI'VES,.INCLUDING THE CONSERVATION ADVISORY COUNCIL, TO I0,NTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH THIS APPLICATION, INCLUDING A FINAL INSPECTION. I FURTHER AUTHORIZE THE BOARD OF TRUSTEES TO ENTER ONTO MY PROPERTY AND AS REQUIREID TO INSURE COMPLIANCE WITH ANY CONDITION OF ANY WETLAND OR COASTAL EROSION PERMIT ISSUED BY THE BOAI:D OF TRUSTEES DURING THE TERM OF THE PERMIT. at ,/o'l'/P�ropeirty Uw•ner'~~� - ; igna a of Propert w caner C �4�Pd rTi Sa v�4'.p%L 0.4 Ny _SDI SWORN TO BEFORE ME THIS ....._ ClIky (.)F ............................ 20-72 T Notary Public ----^--- MICHAELA. KIMACK Notary Public,State of New York No.02KI5056823 Qualified in Nassau County Commission Expires March 11,2026 . 2 I Board of Trust-ee,s Application AUTHORIZATION (Where the applicant is not the owner) owners of the property identified as SCTM# I OOO-_.g-7 — 7 ,- _ in the town of .___......_....__...___: New York, hereby authorizes to act as my agent and handle all necessary work involved with the application process: for permit(s) from the Southold Town Board of Trustees for this property. P p y ne IS Signature T Pro` ty Owner's S' nature / �?p z P4 lli4R,E �T QAiY J'�� Vl���S ' SWORN TO BEFOKE ME, THIS _� J'� DAY OF,��iQ�� 20 ZZ Notary Public _ MICHAELA.KIMACK Notary Public,State of New York No.02KI5056823 Qualified in Nassau County Commission Expires March 11,2026 3 APPLICANT/AGENT'/RE;PRES ENTA'I'I VI; TRANSACTIONAL,➢)IS(7LOSURF,FORM I he Town of Southntd'ss;'` ks)f Eithics prohibit co is s o interest on the I)art town officers and emoloyccs.The mum sQ c of this form is to.provide inii:•rrnntion which can alert ilie tmvn ciUgi bie•conflic4s of iilteresl and alhw it to a whatever action is necetcary to avoids e. YOUR NAME: (Last name,first name,Middle initial,unless you ire.applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME.',OF APPLICATION: (Check all that apply.) Tax grievance _ Building Variance _ Trustee '_ Change of Zone _-- Comtal Erosion Approval of peat __ Mooring Exemption from plat or official map — Planning _.._._._ Other (If"Other",name the activih'•).--..._`_._.-..-._ ----..___...----_............--- ---..._-. Do you personally(or through your company,spouse,sibling,parent,or-hild)have a relationship with uny officer or employee of the'town of Southold? "Relationship"includes by blood,marriage,o•business iiiterest."Business interest"cleans a business, including a partnership, in which the town officer or employee Ira,wen; partial Ownership of(or(:mployrnent by)a corporalo❑ in which the town officer or employee owns more than j';a of t}lc:shares. YES — ..-._—_- NO X If you answered"TES",complete the balance of this form and date and E gn where indicated. Name of person employed by the Town of Southold 1 ttic nr position ol'tha(person_ . Describe the relationship between yourself(the applicanVagenVrepresent;:tive)and the town officer or employee,Either check the appropriate line,A)through D)arid/or describe in the space provided. The town officer o-employee or his or her spouse,sibling,parent,or chile is(check all that apply): __—A)the owner of grentcr than ti%of the shares of the corporate stock of the applictutt (when ti:e app iewit is a corporation); the legal or beneficial owner of any interest in a non-corporate ntity(when the applicant is not a corporation); -,_ C)an officer,director,,partner,or employee of the applicant;or ___D)the actur:.l applicant. DESCRIP•rION Or'RELATIONSHIP SubrnN _f _ �-20 1Z tied tf Si8nature Print — Form TS I APPLICANT/AGENT'/RF:;PR.ESENTA'I'IVI, 'TRANSACTIONAI., DISt;,LOSTTRE FORM !Lie Town oFSnt t!nld' 'ode f;thics,Rrohibits conflicts Oil inl:erest an(he t�of tpwn officers ran m jQ cs.The puruosc�f this form is to.prnvide inrr ntation which can alert tlir tnwn o n.�si Ie.conflicLs ofinleresl and allow it to take whateveraction is Jrecem.gy to avoid same. YOUR NAME: (Last name,first name,giiddle initial, unless you ire applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name,) NAME.OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Com(al Erc lion Approval of plat _ Mooring Exemption from plat or official map _ _.— _ planning — Other (If"Other",name the activity.)_ Do you personally(or through your company,spouse,sibling,ptneot,or:hild)h:tae a relationship with any officer or employee of the"town of Southold? "Relationship"includes 1)y blood,nlyringe,o�•business interest."Business interest"means a business, including a partnership,in which the town officer or employee ha;even partial ownership ol'(or r.mploynrcnt by)a corporation in which the town ollicer or ernployec owns more than jT;ofthe shares, YES -- -- NO x If you answered"YES",complete,the balance of this forrn and date and s where indicated, Name of person employed by the Town of Southold -- --.._— �.__....__. I'rtle or position ol'that person ......._•_- Describe the relationship between yourself(the i!pplicantiagent/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 o-employee or his or her spouse,sibling,parent,or chill, is(check all that apply): A)the owm:r of grenier than 5%of the shares of the.corporate.sto(l at,the;rpplirint (when tic app.icant is it corporation); —_B)the legal or beneficial owner of any interest in a non-corpora(e entity(when the applicant is not a corporation); -_—C)an officer,director,partner,or employee of the applicant;or D)the actu!!.I applicant. DESCRIPTION OP'RELATIONSHIP Submitted this day ot___ 209e Signature ` Print Narne_jYIQ/�% +Li Form TS I — APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL(DISCLOSURE FORM Souhold' C�dra( ticproibi rtftowThe Tawn cf c i on 6ffieers and�dingges The nuose of this f rm is to ssible dwacts,dintercsa,and allow it to take whatev action is Be_eessarYto�avoid.same,. yy�� l 1, �-/ YOUR NAME: (Last name,first name,ipiddle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate_the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee �L Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other•',name the activity.) _ Do you personally(or through your,company,spouse,sibling,parent,or..ehild)have o rolationship vitlt any officeror:employee of the Town of.Southold? "Relationship"includes by blood tgarr'tage,or business:uiterest."Btisiness interest"mepns a business, including a partnership,in which the;tpwn officer or employee,-has;even.cr partial ownership.of(or employment'by}a:corporation in which the town officer or employee owns:more than-M/*ofthe 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- liter than S.°la of the•shares of the corporate stock of the applicant. (when the appltcant is a core' tiott); B)the legal or beneficial owner of any interest in a non-corporatc:entity(ivheii 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 1 da of G ZO ,Z Signature: , _ Print Name In Form TS 1 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'if cmlt beneficiatand adverse effects uamthe coastal:area(wlush includes,all of S.outholik Towel 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 a'tisvver must.be explained 'in detail; listiu� both sun nortina and non- sutayortina facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it:shail not 156 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# __ 6 PROJECT NAME The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. D-4i Board of Trustees El 1. Category of Town of Southold agency action(check appropriate`response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity,agency regulation,land transaction) a (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: L,4614ZAZZ �X fey14r1i QwCA 119 Zz ZS' -!5$"6 �'�, W1 044-45 17-Ald, &M .4MeQY4V R6 C 0A1Yr'U C7aA1 QA- i Location of action: QLD (Sg('�-,1�1i�/� ZJ1 N'E zyyr &AelloG/ Site acreage: Q, Present land use: rZAL 0 Ne,5 /Z y Present zoning classification: !� D 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'applYcgt t �f/ CNA 54 A. k/J' A C/L (b) Mailing address: O X /6 Q 7� S'�-0-r-N OW NY & 971 (c) 'Telephone number: Area Code O 6-4 L — 6 Q 7 (d) Application number,if any' . , /Al Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes El No K 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. Q Yes 0 No Z Not Applicable Z 0&WE 4�/V�FXPA11/�1 /' 0>�' �D ��C1 ST/l✓C� Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWR.P Section III—Policies Pages 3 through 6 for evaluation criteria Yes 0 No 52:�J' Not Applicable NO !Z1 y2'DV C 01 !4X C'/-A—,6 O L 0 G/&9L �2FSDU/2C�S o 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 _c = OJc �t/G S Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No 2 Not Appli able Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of.Southold. See LWRP Section III Policies Pages 16 through 21 for evaluation criteria ❑ Yes No Not Ap licable _ OLlCy -!E/V A 9"n A-770�f/ 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. ❑ x Yes No Not Applicable PO LI CY 6 A4112 rQ 77 IS- AEPZ/ Cl7ZaAl 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 R 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.san Yes .LEI No Not Applicable PD1, Cy a JV/a 7-6 7W/-57 APM 04 77 ON 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. �— 0 WE]. No Z Not Applicable -- P6 0 CY 9 N/A a'-� 7W/s APPG1 4 77 QW 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. 0 Yes ❑, No 0 Not Applica le &/ CY 16 fit/ A W dZXaPPL./ CA 770V 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. 0 Yes ❑ .No 0 Not Applicable OU C Y l/ A/ZA 7-0 r-M 57 .4AP41 CA 7764/ 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 0 No® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. 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V ii�� 'X30"X12' -- ---------- -�- O 1 ` c m O' I MIN.3'BELOW GRADE OW.) I G" u7 w v CONC.FTG. (3)13/4X9d/2 ML GIRDER ) t `^- <I O O aI O r n �F1 I - U iiX fV D W x 0 aJ O 4 f2)2X10 ACQ _ N —14—0"— — —1'-0" 18'-11h" 12'-11" x FLOOD VENT V .Yi 3�W AS BUILT FOUNDATION N PROJECT NORTH AREA:557.6 SQ.FT. E SCALE: 1/4" = 11-Off PROVIDE(4)FLOOD VENTS DRAWN: 9 SCALE: q� JOB#: 4115/2022 SHEET NUMBER A-3 MAR 15 2023 �. RETAINING WALL n n u n n n u n n n n n u n n n u n n -- --------------------------- _ a EXISTING LIVING ROOMGO F o II RETAINING WALL ------------ __________________________________a�_P n �i II II O n n 1 I LANDING M C p LANDING STEPS b? G y 7 "x EXISTING DECK x N a t I pp �� c ma „ Q Q RETAINING WALL �, _!________________ ________________ O r' x o EX.BEDROOM Oo ' No.1 N a EX.BEDROOM EX.KITCH N EX.BATH KR.ErAININGWAL.L V '� rn3;�in No.2 a ��------====-=====e===e=====____=====ice n==, N W 3 G n u n LQ r , 0 IV r�J 0 rn Q' N 5-{--N PROJECT NORTH AS BUILT FLOOR PLAN E SCALE: 1/4 - 1 -0L V DRAWN:, SCALE: JOB#: 4/15/2022 SHEETN[JNUM MBER: r IF A-4 SCDHS REF# R-10 14-0009 SURVEY OF PROPERTY AT EAST MARION R - t TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. ism TEE 1000-37-06--ZI (' MAR 15 2023 SCALE., 1 t--200 JANUARY 4, 1999 �- JANUARY 11, 1999 (PROP. RESIDENCE) JANUARY 15, 1999 (REV1S/ONS) C MARCH 25, 1999 (ADDIVONS) r JULY 25, 1999 (CERTIF/CATIONS) d ZONE AE OCT. 22, 2010"(FLOOD ZONES) 6 NOV. 19, 2013 (CEHL) p'� � t � JANUARY5 OCT08ER 26, 2f7D ON) (FINAL) Q C I s�+',. � MAY 9, 2022 (DECK SET BACKS) vo ZONE x ... SEPTIC LOCATIONS A D -1 y1d� 5T 28.5 33.5' LP1 43' 39.9' LP2 36 33' LP3 31 26 LP4 43 36.5 LP5 38' 1 30.5' 5EPTIC SYSTEM 2,2 v 1• 1-PRECA5T 1000 GALLON 5EPTIG TANK a30. ® 5-LEACHINCY POOLS 0 X 2' DEEP 3 8, 3,2' � - ZONE X ZONE AE LVP4q-1 LLfp.2, / o ONLPI ' r / w ZONE X ZONE AE .41\ - EL. 7 *,.% ZONE AE g� a EL. 7 �L LOT v 6�8 VE / ZONE e EL. 9' LOT NUMDER5 REFER TO �l/ '"�► "MAP OF GARDINER'S DAY 'ESTATES" FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE 6 ON SEPT. 23 1927 AS FILE NO. 275. Or h) OF Reopp. •• PIPE - . 4at,pgl8 FLOOD ZONES FROM FIRM 36103601771-1 MAP EFFECTIVE DATE 5EPTEMDER 25, 2009 s L ELEVATIONS ARE REFERENGED TO NAVD 88 GEHL FROM GOA5TAL ER05ION HAZARD MAP (PHOTO 48-636-631 Y5. LIG. NO. 4g618 ANY ALTERATION OR ADDITION TO THIS SURVEY 15 A VIOLATION OF P GONIG 5LA OR5, P.G. SECTION 72090F THE NEW YORK STATE EDUCATION LAW. EXCEPT A5 PER 5EGTION 7209-5UDDIVISION 2. ALL GERTIFIGATION5 HEREON ( 311 765-5020 FAX (630 765-1747 OR COPIESCOPIESS DEAR VALID FOK . S MAP THEIMPRESSED SEAL OF ne 5UKVEYOR SAID WFIES TI*R5OF ONLY IF MAP P AREA = 7326 s ft. P.O. Dox m � Q' 123o TRAVELER STREET 98--389 5iC"NAATURE APPEARS HEREON. TO TIE LINE SOUTPOLD. N.Y. 11g71 • J, $= ZONE X y = \ 5EPT I G LOGAT I ON5 A 6 y� 5T 28.5' 335 ' yt LP1 43' 39.5' LP2 36' 33' LP3 32' 28' LP4 43' 36.5' 11 LP5 36' 30.5' �o 5civyg, 5EPTI G 5YEEM g• 1-PREGA5T 1000 GALLON 5EPT I G 5 -LEAGH INCti POOLS 8'� X 2' DEE 8,9' / O�L'� ��\ 3,2', LOT O O. o ZONE X LF ZONE AE LP4 ti ' 10. I o i o ONE X ZONE AE \ EL. 7 `'/ ZONE AE p LOT 7)V / ZONE VE 4AV E5TATE5'' OUNTY CLERK'S OFFICE /013 ,\D� NO. 275. •OI, toy i it �. ,ram .� tit 022/0411 ] 4� � 1 v 4/ 19 -1 1. 49 vow 2022'/04/.19 11 50 �1 i,�� i•c M. ,s . +�4, •\'lam n� I��l.�� ,�� 41 . s � i '`� ,� • � �',�� .;t - � 2��2•�104J 9 11 � 51 r rw � ♦�MN f� i .� 7tTaken April 19,2022 Savarese residence �1 Legend F,w°-h '�','s.f w .rw.. }� .µ� .r'a �nA% ix, `.tA '`s i� +' Write a description for your map. 2575 Old Orchard Ln � 5 a�.^ ✓:b �. ��"7'«.k �y < .?..� „�3=�3'� `}'T� ��i. ,°�,,,+� iy,+"'� '� 1+,..^- .: r „fey F". �a`�x;, � »,��,.. 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P t P PO�^ P A ♦ � ..t, BIIYVHY " �' A'.E A 10 -L4 6 spptu rate 44.) 1 �urssaa .� ® •.onr.a+.o eel nonce .xJ„ COUNTY OF SUFFOLK © E secrioR no tom_ • ��� __F_ ....�__��__ Real Property Tau Service Agency Y E ��— �--- —_— —_ � �i� �.a �a.a....,rn� N e. � 037 A P °c.w aam PROPERTY IMP OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��,®F SOU��� P.O.Box 1179 54375 State Road Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) .f� q Southold,NY Telephone:631 765-1809 http://southoldtownny.gov COUfVT`(, � RECEIVED ZONING BOARD OF APPEALS � W 6 q;q&Avvl Town of Southold DEC 1 9 2022 U� Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 15, 2022 ZBA FILE:#7707 NAME OF APPLICANT: Richard Savarese PROPERTY LOCATION: 2575 Old Orchard Road,East Marion,NY SCTM No. 1000-37-6-7.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated August 8, 2022 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: 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 November 28,2022.Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available, it is recommended that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: The subject property is a small, irregularly shaped, non-conforming 7,316 sq. ft. waterfront parcel located in an R-40 Zoning District. The northerly lot line measures 240.88 feet along the adjacent property,the easterly line measures 40.07 feet in Orient Bay,and the southerly lot line measures 267.13 feet along Old Orchard Lane. The property is improved with a one-story, single-family dwelling,which is shown on the survey by John T.Metzger,L.S, last revised May 9,2022. The property also contains various retaining walls and a wood walk way to the bay. There are also retaining walls shown on the survey that are located on the neighboring property. BASIS OF APPLICATION: Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's July 7, 2022 Notice of Disapproval based'on an application for a permit to legalize an "as built" deck addition with a pergola attached to an existing single family dwelling, at; 1) located less than the code required minimum side yard setback of 10 feet;2) located less than the code required minimum combined side yard setback of 25 feet; located at: 2575 Old Orchard Road,(Adj.to Orient Harbor)East Marion,NY. SCTM No. 1000-3 7-6-7.1. RELIEF REQUESTED: The applicant requests variances to legalize "as-built" deck additions with an "as-built" pergola with a side yard setback of 2.2 ft where a minimum of 10 ft is required. Also,there is a combined side yard setback of 11.1 ft where a minimum of 25 ft is required. Page 2,December 15,2022 #7707,Savarese SCTM No. 1000-37-6-7.1 ADDITIONAL INFORMATION: During the public hearing the applicant's agent,and the applicant both stated that the existing residence was re-built after damage from Superstorm Sandy. There is a variance(#6415)dated April 11,2010, for demolition and construction of a new single-family residence. In addition, the Southold Town Board of Trustees issued Wetland Permits; 1)47146 to re-construct a new single-family residence with retaining walls,with the condition that the property forward of the AE zone line remain a natural vegetated buffer,and;2)#8356 to raise the existing dwelling, raise finished floor to elevation 14 feet, reconstruct existing deck, steps and stoop. There is currently an open building permit for all improvements issued on January 27, 2021. The owner, in the course of construction,extended the deck to the existing sides'of the house and constructed the current pergola. The Board received a letter from the President of the Gardiners Bay Estates Homeowners Association describing the construction of illegal retaining wall encroachments on the Association's property right-of-way to the west of the subject property. There was also oral testimony given at the public hearing pertaining to the retaining wails: FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held,a public hearing on this application on December 1,2022 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The dwelling structure currently on the site,has been there prior to the first Certificate of Occupancy(#Z12410),dated April 4, 1984. The additions to the deck are in line with the existing house, and the deck is currently open to above with a pergola over it. With the condition that the deck remain open to the sky above, it will not create an undesirable change in the character of the neighborhood. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method,,feasible for the applicant to pursue, other than an area variance. Since the additions to the approved deck and pergola are already constructed,there is no way to maintain these structures without an area variance. 3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial,the side yard,setback variance represents a 78% relief from the code. The combined side-yard setback variance represents a 56% relief from the code. However, due to the non-conforming setbacks of the legally existing house on,his very irregularly shaped,long,narrow lot,,the open attached deck addition does not have significant adverse impacts.Further the deck is also seaward of the dwelling on the adjacent property 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 has a permit from the Town of Southold Board of Trustees. Additionally, the applicant must comply with the conditions of approval imposed by this Board. 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an attached deck with Pergola while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3,December 15,2022 #7707,Savarese SCTM No. 1000-37-6-7.1 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 Weisman,and duly carried, to GRANT the variances as applied for,and shown on the Survey prepared by John J.Metzger,L.S., last revised May 9,2022,and Architectural Drawings prepared by Mark Schwartz Architect,dated April 15,2022. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant must apply to the Building Department for a building permit for the"as built" improvement(s)within 90 days of the date of this decision and submit same to the Office of the Zoning Board of Appeals or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a building permit in the time allotted. 2. The applicant must obtain a Certificate of Occupancy from the Building Department for the"as built" improvement(s)and submit same to the Office of the Zoning Board of Appeals within 12 months of this decision or submit a written request for an extension to the Board of Appeals setting forth the.reasoh(s) why the applicant was unable to obtain a Certificate of occupancy in the time allotted. 3. The"as built"deck and pergola shall remain open to the sky above,remain unenclosed, and shall not be turned into habitable space. 4. The applicant shall remove the timber retaining wall and steps that encroach into the adjacent property to the west on Old Orchard Lane and restore the property to a preconstruction state, prior to the issuance of a Certificate of Occupancy. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appealsfailure 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. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or apossible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above,such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use,setback or other feature of the subject property.that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. 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 Page 4,December 15,2022 #7707,Savarese SCTM No. 1000-'37-6-7.1 (1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE l I WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes:Members Weisman(Chairperson), Dantes, Acampora,Planamento and Lehnert. (5-0) is as J. Planamento, Vice Chair Appr �ed for filing 1.`�' / l�0 /2022