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HomeMy WebLinkAbout7992 LLC, q450 nr�t4_e&VVjew A 4� LLB. ( .kACj,0ZL) ea- "530 XXII i ieeo EDSON, LEFFERTS P. #541 -f-SBayvi.ew �;z Jan. 31, �y_ Southold, New York Page 3 GRANTED permission to improve and expand a non-commercial marina in a residential district With following condition: oAll commercial. and/or business activity is specifically prohibited. Oin the future activities that may be set would benefit local owners rather than owner. C1, A-4 0-IT& 7� CL i n P-9 styuc� a V 4 C, y'I j Owner: 9450 Main Bayview LLC File#: 7992 �! Address: 9450 Main Bayview Rd Code: 17PA Agent Info AMP Architecture I P.O. Box 152 i Mattituck, NY 11952 ® ! Phone: 631-602-9092 I Fax: Email: aportillo@amparchitect.com L4f 5 _1111�4 bras BOARD MEMBERS ��®F soujy® Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road• P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert,Jr. va Office Location: Nicholas Planamento G'�e► i �OQ Town Annex/First Floor Margaret Steinbugler COUNTV 54375 Main Road(at Youngs Avenue) Southold,NY 11971 RECEIVED http://southoldtownny.gov #&4 ZONING BOARD OF APPEALS G TOWN OF SOUTHOLD JUL 2 9 2025 Tel. (631) 765-1809 ou hO d Own Clerk FINDIlVNGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 24, 2025 ZBA FILE: #7992 NAME OF APPLICANT: Daniel Marra/9450 Main Bayview LLC PROPERTY LOCATION: 9450 Main Bayview Road, Southold NY SCTM: 1000-87-5-22. SEQRA_ DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated May 12, 2025. 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. f. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA. PROPERTY FAC_TS/DESCRIPTION. The subject, non-conforming, 53,596.2 square feet, 1.23-acre parcel located ,n the Agr;cuitural Conservation (A-C) Zoning District measures 145.00 feet along Main Bayview Road, then runs south 435.59 feet along the easterly property lire,then runs.115.00 feet along the southerly property line,and returns to the roadway 416.73 feet along-the westerly property line. Currently,the property is vacant and is covered by dense natural vegetation and a large expanse of freshwater wetlands encompassing the majority of the lot as shown on the survey prepared by Jason D.Leadingham,Licensed Surveyor,of Scalice Land Surveying dated November 18,2021. BASIS OF APPLICATION: Request'for a Var?ance from Article XXIII, Section 280-124 and the Building Inspector's.November 22,2024 Notice of Disapproval based on an application for a permit to construct a new single- family dwelling; at; 1) located less than the code required minimum front yard setback of 50 feet; located at: 9450 Main Bayview Road, Southold,NY. SCTM No. 1000-87-5-22. RELIEF REQUESTED: The applicant requests a variance for the construction of a new single-family residence with a front yard setback of 30 feet where a minimum front yard setback of 50 feet is required. APPLICATION HISTORY: A prior applicatibn was submitted to the Zoning Board of Appeals, file #7530 dated June 9, 2021, requesting a front yard setback'of 19 feet where the code requires a minimum of 50 feet for the Page 2,July 24,2025 #7992, Marra/9450 Main Bayview SCTM No. 1000-87-5-22 construction of a new single-family residence on a vacant parcel of land. This appeal was withdrawn by the applicant on April 20, 2023 and replaced with a new application, file#7804,which requested relief for a front yard setback of 20 feet where the code requires a minimum of 50 feet for the construction of a redesigned, proposed residence. A determination, denying the application, was rendered on August 21, 2023 in part based on the Town of Southold Trustees' transcript of their previous public hearings and their denials of wetland permits for the construction of a dwelling on the subject property. As evidenced by testimony in this application, there appears to be serious environmental concerns with this parcel. Southold Town Trustees transcripts from their hearings, and denial of wetland permits were given much consideration. The applicant now seeks relief from the Zoning Board of Appeals for a redesigned, two-story, single-family residence with a wetlands setback of 75 feet where the Town of Southold Board of Trustees indicated only during a pre-application site visit with the applicant, the need to have a minimum 80 feet wetlands setback to consider rehearing the application. Under the currently proposed wetlands setback of 75 feet,the applicant has to significantly reduce the size of the house and is still unable to fit the house into a conforming front setback of 50 feet. Thus, the requested non-conforming 30 foot front yard setback. ADDITIONAL INFORMATION: Testimony was offered that the history of this property has been consistently deemed unbuildable due to the wetlands on this parcel. Additionally, testimony was offered and not refuted that applicant purchased this parcel at a tax sale. Applicant did not include any evidence of how he obtained the property. Applicant is a builder on the North Fork and thus has or should have knowledge of the zoning,wetlands,and building codes. It is generally the practice on the North Fork that contracts for vacant land be subject to obtaining a building permit and other approvals. The applicant may not have done his due diligence in purchasing this property as he cannot obtain a building permit and other approvals due to the size and wetland constraints on the parcel. For this submission, the applicant provided architectural plans consisting of a proposed site plan,foundation(helical piles)and floor plans,along with elevations labeled SD-1 through SD-4 prepared by Anthony M. Portillo,Registered Architect dated July 19,2024 and an analysis of six area homes with less than code conforming front yard setbacks. Included in this analysis are homes built prior to the adoption of Zoning by the Town of Southold in 1957 or those enlarged with additions and alterations. Those submissions were not for new construction and thus not conforming to the requirements of the current zoning regulations. The applicant, by way of a letter of introduction contained in the application, states: "9450 Main Bayview has site specific conditions that create design limitations. The property's total lot area is 53,596 square feet, although, about 24,578 square feet of this is the wetlands area. This leaves us with approximately 29,017 square feet of buildable area. When a previous application was presented before the Trustees at a pre-submission site visit, it was verbally communicated that the Trustees would accept 80 feet. However,this setback is not feasible given the site constraints. The overlapping front yard setback and wetlands setback leaves no room for the proposed construction if both setbacks are enforced simultaneously." In support of their application, and an attempt to show this property's setbacks would fit in with the character of the neighborhood, applicant provided several examples of Board relief, including, files: #4771 dated December 21, 1999 granting relief of a reduced front yard setback of 30 feet from a right of way on the eastside of the applicant's property. #7427 dated December 29, 2020 granting relief of a reduced front yard setback of 35 from a right of way on the southside of the applicant's property. #7699 dated February 8, 2024 denying relief sought for reduced setbacks and granting alternative relief. 47944 dated October 8, 2024 granting amended relief for a reduced front yard setback of 25 feet. Regarding ZBA files#4771 and#7427 these neighboring properties are differentiated from the applicant's since both are accessed via a private right of way and not directly accessed via Main Bayview Road. While they share a physical address, the homes are located further back from the roadway than that proposed by the applicant and in one case, has another home directly in front of the not yet constructed residence that was granted relief. Similarly, file 97699 Page 3, July 24,2025 #7992, Marra/9450 Main Bayview SCTM No. 1000-87-5-22 is located at the tail end of a narrow private_roadway, which for the most part is a foot path to an association beach and not a roadway traversed by motorized vehicles. While file#7944 is the most similar in neighborhood character, the roadway in this case is a dead end, locally considered a tertiary road, servicing only residences in the Bay Shore community, unlike the applicant's location on Main Bayview Road a primary roadway servicing thousands of residents on the Hog Neck peninsula, which also offers access to Cedar Beach County Park. The previous files were very distinguishable from this property and the Board was not convinced of their likeness to homes keeping with the character in the neighborhood. The applicant included a New York State Department of Environmental Conservation ("NYSDEC") permit citing that the proposed construction is outside of the 100 feet from the DEC regulated freshwater wetlands and thus no DEC permit is required for this parcel. However, the Town of Southold Wetlands Code, as administered by the Southold Board of Trustees, still requires review and approval should relief be granted by the Board of Appeals. To date, there is no application pending with the Trustees. i Numerous letters and in person testimony at the public hearing in opposition to this application was received by the Board, including immediate neighbors and an attorney who was retained by an immediate neighbor to speak in opposition of the proposed construction on their behalf. Among the primary concerns were the severity of the flooding on the subject property;the destruction of the existing thriving wetlands habitat for a variety of birds, plants and wildlife that the proposed construction would cause; and the adverse visual impact to the character of the neighborhood a dwelling so close to Main Bayview Road would cause. The Board recognizes they cannot base a decision on community opposition alone, the written and oral testimony by neighbors with actual knowledge of the conditions was corroborated by documentary evidence supplied to the Board. The June 5, 2025 public hearing was left open and adjourned to June 18, 2024 for the sole purpose of allowing the applicant to submit a written response to the public comments of opposition, along with comments from an environmental consultant, and examples of similar relief granted by the Zoning Board of Appeals for new construction in the immediate area. The application was further adjourned to July 10, 2025 for written public commentary in response to the applicant's submission. On June 16, 2025, the applicant provided information by Cole Environmental Services, in the form of a wetland project statement indicating that a variety of invasive species were found on the site and that remediation and replacement of the existing invasive vegetation with native plants would result in the ecological improvement of the subject property as a result of the proposed development. On June 18,2025, in opposition to that,the Board received written comments submitted by the neighbor's attorney from Dr. Ronald W. Abrams, CEP of Dru Associates Incorporated, who is the firm's principal ecologist. In that analysis, Dr. Abrams discussed the size of the wetlands on the subject lot;the health of the existing wetlands ecosystem;the adverse impact of future storm occurrences and the influence of a rise in sea level;the low ground water table connected with tidal action; limitations of the proposed dry wells and storm water mitigation given the environmental issues on the constrained site; and the substantial amount of required fill for the proposed construction. Dr. Abrams also highlighted various misrepresentations on the Environmental Assessment Form(EAF)submitted with the application including the significance of Corey Creek as a fish and wildlife habitat deemed very sensitive. The Board requested examples of new construction,thus under the requirements of the current Code,in the immediate area that had received similar variance relief. On June 17, 2025 the applicant provided four(4)examples of homes in Southold Township that have received similar variance relief. These files are the same examples included in the initial application. On June 16,2025 the applicant's attorney submitted a written response to comments in opposition to the application citing the five state statutes the Zoning Board must consider in making a determination and stating that the proposed construction would not create an undesirable change in the character of the community or be a detriment to Page 4,July 24,2025 #7992, Marra/9450 Main Bayview SCTM No. 1000-87-5-22 neighboring property owners;and, further argued for a broader view of a comparative analysis of examples of similar relief that are not within the immediate neighborhood. On July 9,2025,the adjacent neighbor's attorney submitted a written response analyzing the applicant's submission of examples of similar variance relief and concluded that none of the prior variances that were submitted could be used to support the subject application due to distant locations, different neighborhood characteristics, different zoning,different front yard setback characteristics,ground disturbance,water table,percolation and other significant physical and environmental conditions. The hearing was closed on July 10, 2025. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 5,2025 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will produce an undesirable change in the character of the neighborhood and a detriment to nearby properties. Main Bay View Road is among the longest and most traveled roadways located within the Town of Southold and has been developed over the course of nearly 400 years with lots of varying sizes and shapes and are developed with varied housing stock ranging from centuries old farm houses to modern residences. The majority of the residences either have conforming front yard setbacks or are pre-existing non-conforming because they were built prior to zoning. The vast majority are all built after the adoption of zoning. The development of the subject lot with a two-story dwelling on a foundation of piles that is proposed to be 30 feet from the front property line is not characteristic of the subject neighborhood. 2. Town Law V67-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,other than an area variance. The subject lot is heavily burdened with significant freshwater wetlands in the center and rear of the lot, which makes it impossible to conform to both the code-required fifty-foot minimum front yard setback and the code required minimum 100-foot wetlands setback. 3. Town Law§267-b(3)(b)(3). The variance requested herein is mathematically substantial,representing 40%relief from the code. The Board finds this a substantial deviation from the Code as well as a deviation from the environmental regulations. 4. Town Law U67-b(3)(b)(4). Evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Comments about the subject application both in writing and at the hearing from adjacent neighbors familiar with the subject lot and an environmental expert, in addition to previous denials by both the Board of Trustees for wetlands permits and the Zoning Board of Appeals for a non-conforming front yard setback,all conclude that the development of this property will adversely affect the wetlands of the Town of Southold. Further, environmental regulations have become more stringent over the years to address the need to conserve water, land, wildlife habitat and address global warming. 5. Town Law U67-b(3)(b)(Q. The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase especially in light of the fact the applicant is a local builder. Page 5,July 24,2025 97992, Marra/9450 Main Bayview SCTM No. 1000-87-5-22 6.Town Law V67-b. Grant of the requested relief is not the minimum action necessary and adequate to enable the applicant to build .'a dwelling with non-conforming front yard and wetlands setbacks, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Planamento,seconded by Member Lehnert,and duly carried, to DENY as applied for. Vote of the Board: Ayes: Members Weisman(Chairperson), Planamento, Acampora, Lehnert and Steinbugler. (5-0) Leslie Kanes Weisman, Chairperson Approved for filing 7 /a /2025 a SITE LAYOUT NOTES: . ) N I. THIS IS AN ARCHITEReceivea CT'S SITE PLAN d 15 Z w s SUBJECT TO VERIFICATION BY A LICENSED- y I zo c a 3 SURVEYOR. THE INFORMATION DEC 12024 LIMITS OF GLEARI AND �� REPRESENTED ON THIS SITE PLAN IS TO THE GRADING AND GR }-II II ARCHITECT'S BEST OF KNOWLEDGE. \ DISTURBANCE d of Appeal` M.4/,�, \ PROP. IA ONSITE! NNW 2.SURVEY INFORMATION WA5 OBTAINED /.".". �'""` .S /� _ Z.a FROM A SURVEY DATED II/18/2021 AND 60o WASTEWATER Off. 2 J W J PROP. IAOWT 1 0� W >w 'n�Fina PREPARED BY: ,i ;-;•; 0?, TREATMENT 5Y5TEM Q ° (5 BEDROOM) SGALIGE LAND SURVEYING O 'Y \ P:651-95'7-2400 ;•;j 0 R�'4 \ PHOTO #2 r PHOTO #1 c x Z 0' p �� NEW PUBLIC Z ° N 0 \\\ \�\ PHOTO\ #3 WATER 1�{ EDGE F FRESHWATER ``� m ' ��\� \\\ \\\\ �r ONNEGTION w" 5 i \\ >>-� ,n 2 PROP. EN STOOi` ; Z 3 BOUNDA AS DELIENATED `� \ m BY EN-0 5ULTANT5, INC. ON j \ 3 .O /g$0 ` \ / \\\ \\\ ) \r/ MlN•�i;� W/ 4 X b O AN o o s N \ 1 NEW BURIED ELE � l-0 3 OCT05ER 51, 2005 �` \ \ \\\\ \\\\ \\\ b' D.W.�� A,/0' ` CONNECTION S o II f \\ \\ \\ \ M UI 7 W x d \\\\ \\\\ PHOTO #4 W Z.z w z o >K \ I'' \\ \\ \\,� PROP. 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SFFFOLK COUNTY FD APPROVAL PENDING s BEDROOM MIN.FRONT YARD 50A' 901' NO 'Z 't <� /�� ::::: PROPOSED DWELLING 6-12.T S.F. 23% '' �. .4+x,P Ali �" g-a`s_: ,,. .,,�i..." ;S ;k,:: t,.`z=: Y ,' PROPOSED MIN SIDE YARD 20A' 21A' YES < J� PROPOSED ENTRY STEP-AND 42A SF. O.i% NABTI ABLE c4tos6 MIN.COMBINED SIDE 40,0' 99b' YE5 ¢ /_�' SPACE AREA YARDS /I a Y� TO TOTAL AT�A OF ALL STRLGTURES 914�Sr, 25% FIRST FLOOR AREA 592 S.F. b'12:I 60A' SDIA, YES 1 I��"T � S ' MIN.RFAR YARD T$ f� �` MAXIMUM LOT OOVERASE ALLOWED.20% FLOOR AREA 592 S.P. b*T MAXIMUM F06NT(FROM SSA' SSb(S� YES V� r PROPOSED I P�.?�N 14 AC(ING. REAAWSR GRADE) — 24.9(FLAT) ^�� �1®y �® ROOFTOP FLOOR AREA SPACE OPEN 123.4 TO BELOW) REAR YARD(PROM T5,4� YES 9 tii a SCALE: I" = 50'-0.. AREA TOTALS 129b.0 Sr. I I,'T5.1 S.F. 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UP I r r l Q W K � I 11'-4" i'-4" 8'-5" 8'-5" 8'-8"—tom 20 L W In 0 Z 2'-1P2" DN. 3'-Jy2" b" f ' f.a. r 0 �•a PROPOSED FOUNDATION PLAN ;a PROPOSED FIRST FLOOR PLAN SCALE. IW=I'-0° SCALE: I/8"= I'-0° FLQ JF N r K Q z N W y swam in VPROPOSED TOP OF BU EAM — G Z a ELEV. +45.6 Received W O Q Q DEC g 2024 ® LLJ wJ it � �ma W m WOO�W Zoning Board of appeals PROPOzDRIPOE ELEV. +35.6 - ---------- QpLL°3 0. ffu� m I Ill �2-03 L W WONQp\ / X/ Q I zawQo N �(V U O W 3ZZ ---------- - PROPOSED - - - LL� w j� in a z 5EGOND F.F. -------------- ------------- m !1 w 3 Q a Zaw 0 ELEV. +25.7' �` Q I p az�p¢ 1 i �I � I l-00a U O EAST PROPERTY LINE PROPOSED FIRST V E 5 FLOOR 00 Y ��— --- - - 1 II II II II 4-j _ _ AVERAGE GRADE _ _ _ — — U .� -j ELEV. +11.8' PROPOSED NORTH ELEVATION (FRONT) Q cn r� Q / W W — Q W Z ~ — O O / W LL 0 Z C1 M-0 0 a 0 0 5V �r 0 C PROPOSED 50UTH ELEVATION (REAR) ��®:• N �� g F W Q 2 j W Y Ewa¢ m w O z F W Receive O Z J U O J S Q H �/`V LOCI � � a l� IFtTgx Z V ZO J Zoning Board of Appeals Qnzo= W S z3 z W W y oo_~ U W¢3o3 O w O N 0 ¢��om wQ a 05ED TOP OF BULKHEAD z`w a �z z� 13 ELEV. +45.6' I' o W H Z Z —�� Sr_ LLos�� W.-S z w�=wQ 0 zw�co¢a °y i aaaW� o 02..oa I�cca8 PROP ED RIDGE -- HEIGHT — — m U � x LIIIJ � m o x --------- U m Q PROP05ED L m � SEGOND F.F. Q (I) ELEV. NORTH PROPERTY LINE p � 0 �t O CC PROP05ED FIRST G 7F�7 000� On�n O FINISHED FLOOR Q ul J 1 ELEV. FEE] AVERAGE GRADE ELEV. +11.8' PROPOSED EAST ELEVATION (LEFT) PROPOSED WEST ELEVATION (RIGHT) SCALE, 1/8"= 1'-0" SCALE- 1/6'= 1'-O' Z W W � Cn � m O Q W Z H 20 w Ln 0 z J 'r SYMBOL LEGEND E, MO-LIEW:NO P / BEARINGS SHOWN HEREON ARE BASED gOAD l ON UBER 13088 PAGE 0152 .3.SE- F EVATIs BAY M> JTIL TV POLE rm MA (66' WIDE) ro YrRE J"Lry nO-E S CA ca.S51 FIRE+YR.';- ----------- S60-02-4 35.00, wo�11 145-00 PL S FWRLII"K "'Er -------------- 0 VC I LNCL('VC� TO"447 Fvlc---(su) EDGE OF .00, 0.1 R6,ceived -f7 S60002 4 0 E3 L0 YAR, LEI 1AR2 N I A/C vILT, DEC 12024 ULCIRI '&T.R .41 GAS NITER 11.6 WATER`E-ER q) CAS VA-VT Zoning Board of Appeals". >e, WARR V—V, "f -LST H�L lop T.-L ---to----------------- NLU a EOL-A.D A, Tr LAND TLA'. )EFRESSED CLJRU FLNI'l =LAT,F-ITI aRA' W.W. WETLAN I FLAG NO.4 B/WWBA'yD W`NO3LVLL 4'/E CELLAR ENTJA'.'�.E C;1' R.Ar�'NO.5 WTZI 0 BUILVABLE 0 1ANS I I R/GR03 OVLK CQ ;:ANT ■ . CANT]'-LVLR G -'L'-LFA Y JN J';L 4,522 C C 'T '�E WRAND FLAG NO.7 ........... FMLAND G 0.9 K!...... ........... ........I TAX LOT 24 ........ .... • ROYFRAMERENCE (PUBLIC WATER) ....... • ......... NO VISIBLE YELLS NO AVA3 �AS_E RECORD 111UMIN7 VACANT LOT TAX LOT 21.IS NO VISIBLE WELLS -.PIPE NO AVAILABLE RECORD OOCUUM7 ,, "_V ---.ZONE`"X" ZONE'AE(EL6)' flAAG IMNIPEINANM ND I w-,nAND EXISTING FLAG N ------ — WETLAND "G N0.5 FLAG N TOTAL LOT AREA 55-ma 53=. AREA OF k&-n-ANM 24AP-16.6 S.F. v...... BUILDABLE AREA 2Q011.4 S.F. .. WETLAND .... . WETLAND FLAG NO.2 FLAG NO.1 VACANT LO ............. ......... ............. -*'-,-:.**.................o .. C13 P450 .......... . ........ ......... • ZONING—3IM IM IF WETLANDS- a WERE NOT COUNTED TOWA 1 TAX LOT 22 .. . . ....................... CO R-Ar-E .......... .......... NON CONFORMING LOT REQU 0 .................... ....... . ....... . ............ ..................... .... ...........:-* FW'ju ....... ITH120 rc GORE .........: .......... ......... ...... ......." PFZPROPOSEDco ......... EXIST. FROM PROP. FROM LO 1 0 LINE P.OAV— ..... ........... 50.01 52.2' 40 0'MIN.FRONT YARD .... .......... 0.01 V) ...... ......... .......................... MIN.51DE YARD 15.01 0.01 21.0' oo. 1*23'00"W 115. N5 TAX LOT Z6 MIN.COMBINED 55.01 0.01 2C'R.O.W. .......... ■ .............. SIDE YARDS I *.,: C) ....... -................. ... L---------------------------- Pm ":::. . ......... MIN.REAR YARD 50.0- - Ov 2 STORY FRAME RESIDENCE io (PUBUC WATER) aT NO VISIBLE WELLS I U) NO AVAILABLE RECORD DOCUMENT II GRAPHIC SCALE CORKY CREEK -0 0 20 40 T AREA IN FEET 27 ALL ELEVATIONS REFER TO NAVD88'DATUM F5� I inch = 40 ft $ ap =„eF 41 SYMBOL LEGEND o MON MEN,D p W ROAD N 0 I.P./EN FND VIE BEARINGS SHOWN HEREON ARE BASED S I.P/I.B.SET v ON GIBER 13098 PAGE 0152 i ^ Z N 1 TTc w #off' ,oTy SPOT ELEVATIONS MAIN BA . R'IyE) O UTWTY POLE (66 �— CUY HIRE � "+' �5 sego o� UTILITY POLE WNGHT E -• S L L d LIGHT POLE _ __ S51'23'40"E $3 ix FIR HYDRANT - • S6o•0•L••�"� 35.DD' PVC FENCE(PVC) a n __ ,, a JV Si0LKA0E FENCE(STN) ` EDGE pf PANEYEHT _1jlT � . 100.00' -x- CHNN LINK FENCE(CLF) �'' _ ----- .'• 145 0 .aA'•R —� 3`•u I MRE FENCE �.'' ,y �, a° • OM�� O MANHOLE - //���A'/�j v\v \y/ yy - yV Q •A'-INLET --- �. S60•02'40"E __�- 10 o,s •6•-INLET )10`` 1 I In N Q YARD INLET Y ��•a+� V A d' I aYb YARD I LET -- -�� ,111 M E Z A/C UNIT / a , I I y 1 L(") $ m ELECTRIC METER Received pA� `�pp+�pp�p11 l e V I ^o = (M GAS METER R 11 M 0/ d M @� 0 1• _'_ 1 1 1� I ©WAS V METER _-` _ y_________ I� �Po>• I a5� �GAS VALVE • e WATER VALVE : TEST DEC12024 IR E HOLE 1 S/20/1 q LL-LFL J a �y _11 BOLLARD .a • 1`� .WETLAND FLIG ay� A ___•` . 1 • �_S__F- ___ ' ' �YO�a 11 I�4'r avEfi D.C.DEPRESSED CURB �.I.l:7nin�g, Board Of Appeals - --- �3 Vl $ FE.FENCE AY MAS.MASONRY . 5 • -_B„ }\I • I oY�nu PLAT.PUTFOR4 1_-_•-- ---_ xT AND I , WW IWNDOW WELL 1 _flRwG Na c-__J_________•J - B/W BAY VANOOW p'; "-A. __```� ?•6 I\` ` • I �''T $ o C/E CELLAR ENTRANCE •• N6] _ MERND - _ •YETIANO`. �• I V 32 O/H OVERHANG II Mft MC N0.] - R/O ROOF OVER CANT.CANTLEVER 9 1 •e I`•` 1 C 6 G.O.L.GENERALLY ON LINE 1 p) 1 • O aa Hg Q. STARE M CUT _ N D1t'p 1 I C $ OIL ON LINE FLAG j `.lON I Q) •vhTtAw`4 1 NEW �ql �•a.• I r� i 552 MC NO.7` I FLAG Na IOA' •1 ;f 1 - -- V) .��. -D >nge -<----- TAR LOT 24 I to B q e F1000 INFORMATION NOTE_ •' el FRA,¢I�m+oE I •� k= BY GRAPHIC PLOTTING ONLY,THIS PROPERTY LES WITHIN ZONE'X', •. 1 _ 1 .X,AND'AI'AS SHOWN ON THE FLOOD INSURANCE RATE MAP. �'°. ND N9�E rO15 COMMUNITY PANEL NO.36DO13 0166(MAP NO.36103CO166H), , I•• .- II NO AVAs Am r RECORD DONMENi ' O WHICH BEARS AN EFFECTIVE REMISED DATE OF 09/25/2009.AND IS VACANT LOT -C' I O A SPECAL FLOOD 1U7ARD N IN AREA•NO FIELD SURVEYING WAS ',<y 1 _ --E--- -$` PERFORMED TO DETERMINE THIS ZONE TAR LOT 21.13 ;° 1 • •ae 'a _ - I O _ 1 II �•� ZONE'%'DENOTES AREAS DETERMINED TO BE OUTSIDE THE 0.2)L NO VISIBLE sE115 PP6 /?• --'" 1 I N '- € ANNUAL CHANCE FLOOW DPN. NO AVAILABLE RECORD DOCUMENT p10. _E____.•_------ 04 20NE'%•'DENOTES AREAS OF 0.2%ANNUAL CHANCE FLOOD;AREAS ------------- „_•ZON€'1L'' OF 1)L ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN - _ _-'' ;° •T-�_"' I ZONE (EL6)' I O J ooi$ 1 FOOT OR WITH DRAINAGE AREA LESS THAN 1 SQUARE MILE-AND - I Q ^ g AREAS PROTECTED BY LEEVES FROM 1S ANNUAL CHANCE FLOOD. ''WIC A.iDT 1 i O p B37 ZONE'AE'DENOTES&LSE FLOOD ELEVATIONS DETERMINED. J '• _'1 e • -S_;F MO MO.6 I O GO e 3 r I 0_ 0 \_ UETIAND ______spa O a0 $�S6 RAG NO-d/__ =�""tr- _s-MG MaS I ¢ \ ______ 1r .' 1 N IED X � . "Y ='1 i I x o ri � W= HI 1 Q r W) w w $€ Ld / I IN O TIIL& BOUNDARY NDTES• ,,m Mc Na a 1 I O zul 1. CONFLICTING MONUMENTATION FOUND IN THE VICINITY VAUNT LOT 4 0- O 1 I c OF THIS PROPERTY AND HISTORICAL DEEDS AND OLD % �� I Q SURVEYING RECORDS INDICATE THE POSSIBILITY OF VARYING OF THE PHYSICAL O I TAR LOT 22 I lip POSITIONING OF THE LINES OF THIS PROPERTY. O Q G ?Y O I j�l 3 W Q Q 3 2$3 O GOIo a. w V) W 6c I I Ob Z i j (FOR HEALTH DEPARTMENT USE ONLY) O 3 L� 'g WERMCIS NOTE, ^ w tw- O > P3@le AN AREA OF TIDAL WETLANDS WAS DELINEATED BY SHOWN M.BROWN. p9gggg M.S. fi ON JULY S.2021 AT THE SOUTH END OF THE PROPERTY.BY V) Q z WEHANDS FLAGS NUMBERED 1-7 AND A FRESHWATER WETLAND WAS DELINEATED IN THE CENTRAL PART OF THE LOT.BY WETLANDS FLAGS ����������-- -- - -- NUNBERED 1-11. Q �d N51.23'00"iY 115.00' • a Q s TAR LOT 2s 1 3 Q 3 •° ......._. O) W ID -I J y 2 S'6'a _2 STOW y1° (wmID LITER) M In O1 O O g§, 3 NO NSIBlE rT1Is 1 v) N o>s NO Avu Aa•RECORD DOOIMENT I "3 HUB- GRAPHIC SCALE COREY CREEK NI w D 20 40 tl LOT AREA W as $i 53,596.19 S.F. ( IN FED' ) NO VISIBLE WELLS WITH IN 150' *ALL ELEVATIONS REFER TO NAVD88'DATUM 1.23 AC. 9s� I )IICII - 40 ft OF SUBJECT PROPERTY =Y Ey received 1aq2__ DEC i 12024 TOWN OF SOUTHOLD BUILDING DEPARTMENT zoning Board of Appeals SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: July 22,2024 RENEWED: November 22,2024 TO: AMP Architecture(9450 Main Bayview LLQ PO Box 152 Mattituck,NY 11952 Please take notice that your application dated May 24,2024: For permit: to construct a single-family dwelling at: Location of property: 9450 Main Bayview Road Southold,NY County Tax Map No. 1000—Section 87 Block 5 Lot 22 Is returned herewith and disapproved on the following grounds: The proposed construction on this nonconforming 53,5962 sa A.lot(29 017.4 sg.ft.buildable land)in the AC District,is not permittedpursuant to Article MII Section 280- 124 which states lots measuring 40 000-59 999 square feet in total size require a front yard setback of 50 feet The proposed front yard setback is at 30 feet. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. Fee:$ Filed By: Assignment No. -� RA( enI APPLICATION TO THE SOUTHOLD TOWN BOARD OF APBEOLM 2024 AREA VARIANCE Zoning Board of Appeals House No.9450 Street Main Bayview Road Hamlet Southold 0.67 acres builds ) AC I NC SCTM 1000 Section S7 Block 5 Lot(s)22 Lot Size1.23 acres total one I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 3.30.2023 BASED ON SURVEY/SITE PLAN DATED 3.17.2023 Owner(s):"9450 Main Bayview LLC-Daniel Marra Mailing Address:8 Ransom venue,Sea Cliff,NY 11579 Telephone:(646)343-7400 Fax: Email:marrconllc@gmail.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative:AMP Architecture for(X) Owner( )Other: Address: PO Box 152,Mattituck,N.Y.11952 Telephone:631-603-9092 Fax: Email:-APORTILLO@amparchitect.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (4 Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 3.17.2023 and DENIED AN APPLICATION DATED 3.30.2023 FOR: (x)Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: XXXIII Section: 280 Subsection: 124 Type of Appeal. An Appeal is made for: (x)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal(X)has, ( )has not been made at any time with respect to this property,UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# #541 1/31/63 Lefferts P. Edson #7530 8/3/21 9450 Main Bayview LLC REASONS FOR APPEAL (Please be specific, additional sheets may be used wigwAived signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detrune td`n aar't� b properties if granted,because: Zoning �oard of Appeals Similar properties to the East and South have residences built upon them and the same freshwater we n s to account f r. The proposed dwelling for 9450 Main Bayview has a 30'setback from the front yard but approx.a 52.2'setback from the line of pavement.Other nearby dwellings are located just as close or closer to the line of pavement.Some of these properties include but are not limited to 5875 Main Bay View,11185 Main Bay View,3680 Main Bay View,and 3485 Main Bay view. 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: The vacant lot has freshwater wetlands throughout the center and rear area of the property.It is not possible to maintain the required front yard setback of 50'while maintaining a 75'distance from the wetlands as those setbacks overlap one another.This proposed approach allows for an average of 75'distance from the wetlands,30'distance from front yard and a 52.2'distance from the line of pavement. 3.The amount of relief requested is not substantial because: The buildable area of this parcel is substantially smaller than the actual lot size. We established the proposed front yard setback based off of other homes in the neighborhood as well as keeping the largest seperation from Wetlands. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed work will be constructed with all requirments from the NYS DEC,Southold Trustees,and Southold Building Department.All permanent impervious structures will be conntected to drywells.There is a proposed IAOW Treatment System.The limits of clearing,grading and ground disturbance are minimal. 5.Has the alleged difficulty been self-created? { } Yes,or{x}No Why: No.The total lot area is 53,596.2 square feet and the area of wetlands if 24,578.8 square feet.This leaves 29,017.4 square feet of buildable area.This does not include the required setbacks.With the required setbacks,we have 0 S.F.of buildable area. Are there any Covenants or Restrictions concerning this land? {x}No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the communit Signatur Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Swom to before me this day of bP, ,20 2 Notary Public DARCEE AUFENA NOTARY PUBLIC,STATE OF NEW YORK Registration No.01A00019644 Qualified in Suffolk County Commission Expires January 9,2028 APPLICANT'S PROJECT DESCRIPTION Received APPLICANT• AMP Architecture DATE PREPARED:04/10/23 1. For Demolition of Existing Building Areas DEC 112024 Please describe areas being removed:n/a Zoning Board of Appeals II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 14.3'x 9,2'x 3'x 32.5'x 16.7'x 31.9'x 0.6'x 9.8' Dimensions of new second floor: 14.31 x 9.2'x13'x 32.5'x 16.7'x 31.9'x 0.6'x 9.8' Dimensions of floor above second level: (roof top deck w/bulkhead) 14.3'x 9.2'x 3!x•32.5'x 10'x 31.9'x•0.6'x 9.8' Height(from finished ground to top of ridge): 23.8;,(ridge height),33,8'(bulkhead height) Is basement or lowest floor area being constructed? If yes, please provide height(above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations:, The site is currently a vacant lot. Number of Floors and Changes WITH Alterations: Proposed 2 story single family residence with front steps and landing and rooftop deck IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: n/a Proposed increase of building coverage: 2.5%'(of buildable area) Square footage of your lot: 53.596.2 S.F.(total),24,578.8 S-F.(wetlands),29,017.4 S.F,(buildable) Percentage of coverage of your lot by building area: 2.5%(of buildable area) V. Purpose of New Construction' Proposed new build of a 2 story single family residence,residence to sit on piers, front steps to dwelling with landing,and rooftop deck with bulkhead Construction to include:Pervious Gravel Driveway,New IA OWTS(septic),2 burried drywells VI. Please describe the land contours(flat,slope %,heavily wooded, marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): The slope of the land is<1% Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 j 1 i QUESTIONNAIRE Received FOR FILING WITH YOUR ZBA APPLICATION DEC I 12024 4�7"' A. Is the subject premises listed on the real estate market for sale? Yes X No Zoning Board M Ap tt, B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses?Yes 2.)Are those areas shown on the survey submitted with this application?Yes 3.) Is the property bulk headed between the wetlands area and the upland building area?No 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction?Yes Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level?No E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises?No If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel?No .If yes, please label the proximity of your lands on your survey. 1. Please list present use or operations conducted at this parcel vacant Lot and the proposed use Single Family Residence (ex: existing single family, proposed: same with garage, pool or other) Jkm Authorized signature and Date TOWN OF SOUTHOLO, NEW YORK ACTION OF THE ZONING BOARD O January 31, 1963F APPEALS DATE Appeal No. 541 DatedJanuary 14, 1963 ACTION OF TM ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD hip,0 TO Lefferts P. Edson AppenaC 2024 Bayview Southold,, New York --' - Zoning hoard of Appeals at a mecthig of the Zoning Board of Appeals on Thursday, January 31, 1963 the appeal was considered and the .action indicated below was taken on your 1 Request for variance due to lack of access to property (X) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception (X) be granted ( ) be denied pursuant to Article __ TII section „_ 300 „ Subseetian -3A paragraph of the Zoning Ordinance, and the decision of the Building Inspector (X) be reversed ( ) be confirmed because : After investigatin and inspection the Board finds that at present this facility, consisting chiefly of a canal 400 ft. by 60 ft. constructed in 1949 and 1950 is of limited usefulness. It is proposed to substantially improve the docking and mooring facilities for small boats, specifically the construction of a non-commercial marina in a residential area. The Board is of the opinion that such a use of the property is consistent with the general' welfare and in agreement with long term policies of the Town and County with regard to developing the waterfront. (OVER) 2. VARIANCE. By resclution of the Board it was determined that (a) Strict application of the Ordinance (would)(would not) produce practical difficulties or unnec- essary hardship because (b) The (hardship created (is) (is not) unique and (would) (would neat) be shared by all properties alike in the immediate vicinity of this propgty and in the same use district because (c) The variance (does) (does not) observe the spirit Of the ordinance and (would) (would not) change the character of tho district because and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the pr Nlous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. inia . t C aI((ua�l Coa�d of h0i,ats ZON. O BOARD OF APPEALS FORM ZB4 'Judith T. Boken, Secretary ' R4J6J9eA,lve. i (Continued from front) DEC 2024 Zoning Board of Appeals The owner does not contemplate development of a commercial marina but rather a place where his tenants and other neighbors may moor and dock their pleasure boats. It should be noted that a prior existing non-conforming scalloping use exists composed of local scallopers. Any substantial increase in this type of activity would be regarded as an expansion of a non-conforming business use. in granting this application it is not the intentionto abolish or limit unduly the use of the facilities by local scallopers. The public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed, -.therefore It was RESOLVED that Lefferts P. Edson be granted permission to improve and expand a non-commercial marina In -a residential district with the following conditions: With the full understanding of the applicant all commercial and/or business activity is specifically prohibited on these premises. However, in determining what constitutes a business activity the Board is of' the opinion that this condition should be interpreted to distinguish possible future activit4:es: ,' ich are installed primarily for the rconvenience of local residents rather than for the profit of the owner. - Questions arising concerning interpretation of this condition should be referred to the Board of Appeals. 8:oo p.M. (E.S.T. ), upon application of Lefferts P. Edson, Bayview, Southold, New York, for a special exception in accord- ance with the Zoning Ordinance, Article III, Section 300, paragraph 3A for permission to improve and expand a non- commercial marina in a residential district. Location of property: south side Bayview Road, Southold, New York, bounded north by Bayview Road, east by R. L. Hammel, south by Corey Creek and west by James Bitses. r /3 - l BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson S0(/fiy 53095 Main Road•P.O.Box 1179 Patricia Acampora h�� �l4 Southold,NY 11971-0959 Eric Dantes [ as Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento yo ece1Ve 375 Main Road(at Youngs Avenue) DEC outhold,NY 11971 W ®EC 112024 RECEIVED http://southoldtownny.gov Ij,(,ey� 6- n:Board of Appeal' ZONING BOARD OF7EALS L W G 2 1 2023 TON OF SOUTHOLD *I .) Tel. (631)765.-1809 outhold'Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 17,2023 ZBA FILE: 7804 NAME OF APPLICANT: 9450 Main Bayview,LLC/Daniel Marra PROPERTY LOCATION: 9450 Main Bayview Road, Southold SCTM No. 1000-87-5-22 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization.Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated July 17, 2023. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available, it is recommended that the proposed action is EXEMPT from Coastal Consistency Review. SOUTHOLD TOWN BOARD OF TRUSTEES: A prior application was submitted to the Board of Appeals,#7530 dated June 9,2021, requesting a setback of 19 feet from the front property line where the code requires a minimum of 50 feet.The ZBA conducted a public hearing for application#7530 on September 2, 2021 which was adjourned so that the applicant could submit an application to the Board of Trustees,who have concurrent jurisdiction since the proposed construction is in close proximity to wetlands. A letter was sent to the,applicant and a memorandum was issued to the Board of Trustees on September 8, 2021. The Southold Town Board of Trustees denied a Wetland Permit on two occasions, on March 21, 2022 and July 18, 2022. In the Board of Trustees records, the LWRP Coordinator found that the proposed application was INCONSISTENT with the Local Waterfront Revitalization Program standards 6.2A and 6.3 D and E. Appeal# 7530 was.withdrawn by the applicant on April 20,2023 and replaced with this current application# 7804 which requires area variance relief for a front yard setback of 20 feet, as opposed to the 19 feet that was previously / requested,where the Town Code requires a minimum front yard setback of 50 feet.The ZBA has received,from the Trustees the transcript of their previous public hearings and denials of wetland permits for the construction of a dwelling on the subject property. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 53,596.2 sq. ft. parcel located in in the Agricultural Conservation (A-C) Zoning District. The parcel has a 145.00 feet road frontage along Main Bayview Road,measures 435.59 along the easterly property line,measures 115.00 feet along the southerly property Page 2,August 17,2023 fie i <`' #7804,Marra—9450 Main Bayview SCTM No. 1000787-5-22 24 DEC 1 1 20 line, and measure 416.73 feet along the westerly property lir7o Ag flt ,�h�fp�o109 is vacant and is covered by dense natural vegetation and a large expanse of freshwater wetlands as shown on a survey prepared by Jason Leadingham, L.S.; of Scalibe Land Surveying dated November 18,2021. BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's May 11, 2021 Notice of Disapproval based on an application for a permit to construct a new single- family dwelling;at; 1) located less than the code required minimum front yard setback of 50 feet; located at: 9450 Main Bayview Road, Southold,NY. SCTM No. 1000-87-5-22. RELIEF REQUESTED: The applicant requests a variance to construct a single-family dwelling having a front yard setback of 20 feet instead of the minimum required 50 feet setback. ADDITIONAL INFORMATION: At the hearing, an adjacent neighbor spoke in opposition to this application. An attorney representing another neighbor also objected to the proposed construction.A letter of objection was submitted to the ZBA from a third neighbor. The applicant's architect submitted an aerial photograph from Google Earth of Main Bayview Road showing the front yard setbacks of other properties along this road, two of which had had received variance relief. The Board reviewed the ariel photo map and the ZBA decisions, and determined that the variances that had been previously granted were not comparable to the subject application because they were for additions and alterations to existing dwellings and not for new construction. Also, at the public hearing the applicant's architect stated that the Board of Trustees had informed him that an 80- foot setback from the wetlands was acceptable. Based on this information, the Board of Appeals adjourned the application without a date pending the resolution of the Trustees application. There was no objection by the architect nor any correction as to whether an actual Trustees application was in fact pending. Upon further inquiry with the Trustee's,the Zoning Board ascertained that there was no current application for wetlands setback for this property, and the Trustees, upon site visit with the architect, merely stated that the Trustees would not even consider hearing another application,for a third time, unless the proposed dwelling was setback an absolute minimum of 80 feet from the wetlands.Consequently,the Board of Appeals moved to close the hearing at the August 17,2023 Special Meeting so that a decision could be rendered in a timely manner. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 3,2023 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Main Bayview Road is a very long street developed with lots and dwellings of varying sizes. The majority of the residence's ether have conforming front yard setbacks or are pre- existing non-conforming because they were built prior to zoning. The development of the subject lot with a two- story dwelling on a foundation of piles that is proposed to be 20 feet from the front property line is not characteristic of the subject neighborhood. 2. Town Law U67-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,other than an area variance. The subject lot is heavily burdened with significant freshwater wetlands in the center and rear of the lot makes it impossible to conform to both the code required fifty-foot minimum front yard setback and a Trustees approval for a non-conforming wetlands setback. 3. Town Law U67-b(3)(b)(3). The variance requested herein is mathematically substantial,representing 60%relief t from the code. Page 3,August 17,2023 #7804,Marra—9450 Main Bayview SCTM No. 1000-87-5-22 Received zJqq 1/ DEC 112024 4. Town Law 4267-b(3)(b)(4). Evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the2w ogboA g0rAWp&q! ,ubmitted in writing and at the hearing from adjacent neighbors familiar with the subject lot,two previous denials by the Board of Trustees for wetlands permits, and the recommendation by the LWRP Coordinator who determined the proposed construction to be INCONSISTENT,all concluded-that the development of this property will be adversely affecting the wetlands of the Town. In the transcript of the Board of Trustees hearing dated March 16,2022 the President of the Trustees made the following motion "With the inconsistency from the LWRP, with proximity to sensitive wetlands that are undisturbed currently, and wildlife,this particular application violates Chapter 275-12(a)because it adversely affects the wetlands of the Town,and 275-12(d)adversely affects fish,shellfish or other beneficial marine organisms, aquatic wildlife and vegetation or the natural habitat thereof, in accordance with all of that, I make a motion to deny this application as submitted due to these reasons." The motion was seconded and approved by unanimous vote of the Members of the Board of Trustees. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of requested relief is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a dwelling with non-conforming front yard and wetlands setbacks,while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Weisman(Chairperson),seconded by Member Lehnert,and duly carried,to or DENY as applied for, Vote of the Board: Ayes: Members Weisman(Chairperson), Lehnert,Acampora,and Planamento.Nays: Member Dantes(4-1) Les fie Kanes Weisman, Chairperson Approved for filing X1 � /2023 A M P Arch i t e c t u re Address: 10200 Main Road, Unit 3A,Mattituck NY 11952 Phone: (516)214 160 Design + Build Received ®ECG 1 12024 2oni Southold Town Zoning Board of Appeals RECEIVED 54375 Route 25 Southold, N.Y. 11971 APR 2 0 2023 Re: Marra ZBA Application#7530 �3� Application Dated June 4, 2021 Zoning Board of Appeals 9450 Main Bayview Southold, N.Y. 11971 SCTM# 1000-87-05-22 Dear Board Members, We would like to withdraw our previous area variance application for the above mentioned property from June of 2021. Please let us know if you need anything further from us. Thank you Anthony Portiilo AMP Architecture Page 1 of 2 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O���F so�Pyo 53095 Main Road• P.O. Box 1179 Patricia Acampora l4 Southold,NY 1 1 97 1-0959 i[ Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. G ,rO • �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento lj.�,oU ��C 16 NY 11971 http://southoldtowmy.gov DEC 2024 -/ 11 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Zoning Board of Appeals September 8, 2.021 Tel.(631)765-1809•Fax(631)765-9064 Anthony Portillo AMP Architecture ran' invi" e'Road- 4 Laurel,NY 11948 RE: Daniel Marra-9450 Main Bayview,LLC, Southold - Zoning Board of Appeals Application SCTM No. 1000-87-5-22 Dear Mr.Portillo; The Zoning Board of Appeals conducted a public hearing for the above matter on September 2, 202.1.and adjourned the hearing without a date. It is the custom and practice of the ZBA and the Board of Trustees that when both agencies have concurrent jurisdiction over an application, and part of that application involves proposed or existing construction within an area that such construction may result in negative environmental impacts,the Trustees are asked to review the action before us. According to the survey that you provided, and the Notice of Disapproval dated May 11,2021, the proposed construction will be located within a parcel containing delineated fresh water wetlands. Based__uponvthe�aforementioned documents,the Zoning Board of Appeals Chaff. erson.re uests Epp q that your client submit an appl`icatiori-fot i Wetlands Permit-to tha I orvri Trustees for�tl5eir- determination,prior to our reconvening a hearing. A memorandum has been forwarded to the Board of Trustees affirming this request. Please do not hesitate to contact this office with any questions or concerns. Sincerely, Kim E.Fuentes Board Assistant cc: Mark Terry,LWRP Coordinator Glenn Goldsmith,Town Trustee AMP Architecture Address:10200 Main Road,Unit 3A,Mattituck NY 11952 Phone:(516)214-0160 Design + Build . Receive Southold Town Zoning Board of Appeals DEC lAq(2/ 54375 Route 25 2024 Southold, N.Y.11971 Zoning Board of Appeals Re: Marra ZBA Application #7530 9450 Main Bayview Southold, N.Y.11971 SCTM#1000-87-05-22 The property listed under SCTM #1000-87-05-22, 9450 Main Bay View has site specific conditions that create design limitations.The property's total lot area is 53,596 S.F..Although, about 24,578 S.F.of this is the wetlands area. This leaves us with approximately 29,017 S.F.of buildable area.When the previous application was presented before the trustees at a pre- submission site visit, it was verbally communicated that the Trustees would accept 80'. However,this setback is not feasible given the site constraints.The overlapping front yard setback and wetlands setback leaves no room for the proposed construction if both setbacks are enforced simultaneously. The 50' front yard setback and the 80' setback from the wetlands are overlapping. Due to this we are requesting a variance from the ZBA that allows the client to construct a relatively small dwelling that only occupies about 2.5% of the property's lot coverage,thus minimizing the overall impact of the development. In order to propose this,we stand before the ZBA requesting relief for a 30'frontyard setback.Our next step after received ZBA approval will be to file with the Trustees. If the zoning board did not count the wetlands as part of the lot area and only considered the buildable area the lot would be determined as a non-conforming lot under 39,999 S.F..This would allow the dwelling to sit 4U from the front yard,15' from the side (35' combined) and 50' from the rear.With the proposed design the dwelling would sit about 52.2' from the Main Bay View Road and 30' from the front yard. It is common for Main Bay View Roads character that the dwellings are set near the road. In a study conducted by our office we have determined that there are numerous properties that have been constructed 40' or closer to the road (please see attached diagram). 9450 Main Bay view has a specific condition where the property line has a 20' buffer from the road. Despite requesting a 30' frontyard variance,the dwelling will still be set back further from the road than its neighboring properties. Some properties with similar front yard setback conditions include but are not limited to: 9625 Main Bayview(+/-35'from the road,10' from the property line. ZBA Decision) 4015 Main Bayview Road (+/-33' from the road,28'-7' from the property line. ZBA Decision) 5875 Main Bayview Road (+/- 20' from the road,sitting directly on the property line.) Thank you Anthony Portillo AMP Architecture Page 1 of 1 AGRICULTURAL DATA STATEMENT Received . ZONING BOARD OF APPEALS TOWN OF SOUTHOLD DEC 11 2024 WHEN TO USE THIS FORM: This form must be completed by the appliclehft iO MARP " permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant:AMP Architecture 2. Address of Applicant: PO Box 152 Mattituck N.Y. 11952 3. Name of Land Owner(if other than Applicant): °9450 Main Bayview LLC"-Daniel Marra 4. Address of Land Owner:8 Ransom Avenue Sea Cliff. KY 11579 5. Description of Proposed Project: Proposed 2 story single family residence 6. Location of Property: (road and Tax map number) 9450 Main Ba view Rd SCTM#1000-87-05-22 7. Is the parcel within 500 feet of a farm operation? { } Yes {x} No 8. Is this parcel actively farmed? { ) Yes {x} No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use th k of this page if there are additional property owners) Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form Received Instructions for Completing DEC 1 1 2024 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 mfpb, b td fWtAPM11cation. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Marra New Residence Project Location(describe,and attach a location map): 9450 Main Bayview Rd Brief Description of Proposed Action: - Proposed two story wood frame single family residence with entry stair, landing and rooftop deck - Proposed Pervious Gravel Driveway Name of Applicant or Sponsor: Telephone: 516-214-0160 AMP Architecture E-Mail: APORTILLO@amparchitect.com Address: 10200 Main Rd Unit 3a City/PO: State: Zip Code: Mattituck N.Y. 11952 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X NYS DEC, Southold Town Building Department, Southold Trustees, and SCHD 3.a.Total acreage of the site of the proposed action? 1.23 acres b.Total acreage to be physically disturbed? 0.016 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 1.23 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial X Residential(suburban) ❑Forest ❑ Agriculture X 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? � aceived X �6 ��_ b. Consistent with the adopted comprehensive plan? A X 6. Is the proposed action consistent with the predominant character of the exi ting 1114ift or natural NO YES landscape? and of Appeals X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: since this is a vacant lot with a prop.new build,there is a X prop.new Public water connection 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: since this is a vacant lot with a prop,new build X there is a proposed new IA onsite wastewater treatment system. 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑x Wetland ❑Urban ® Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES Zone"X", "X*"and Zone AE (El. 6) X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, X a.Will storm water discharges flow to adjacent properties? El NO❑ YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO®YES There will ha 2 iindernrnitnd dtvwinlls installed Page 2 of 4 f 1 18.Does the proposed action include construction or other activities that result in the impoundme o ��/ NO YES water or other liquids e. retention pond,waste lagoon,dam)? a d/ If Yes,explain purpose and size: DEC 1 19.Has the site of the proposed action or an adjoining property been the location oar�r��ct� a 1psed rNOYES solid waste management facility? Zoning If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or YES completed)for hazardous waste? X If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE l ZV� Applican. sponsor m : �Arc�hiitect�ure, nthon Portillo Date: ` Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large Received impact impact 6� may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooWiln-gkooi ramage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 i Received DEC 112024 Board of Zoning Appeals Application Zoning Board of Appeals AUTHORIZATION (Where the Applicant is not the Owner) 1, Daniel Marra residing at 8 Ransom Avenue, Sea Cliff, NY 11579. (Print property owner's name) (Mailing Address) do hereby authorize (Agent) AMP Architecture (Anthony Portillo) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) Daniel Marra (Print Owner's Name) ARTICLES OF ORGANIZATION Received OF 1 9450 Main Bayview LLC DEC 2024 Under Section 203 of the Limited Liability Company Law Zoning Board of Appeals FIRST: The name of the limited liability company is: 9450 Main Bayview LLC SECOND: The county, within this state, in which the office of the limited liability company is to be located is NASSAU. THIRD: The Secretary of State is designated as agent of the limited liability company upon whom process against it may be served. The address within or without this state to which the Secretary of State shall mail a copy of any process against the limited liability company served upon him or her is: THE LIMITED LIABILITY COMPANY 8 Ransom Ave Sea Cliff,NY 11579 I certify that I have read the above statements, I am authorized to sign these Articles of Organization, that the above statements are true and correct to the best of my knowledge and belief and that my signature typed below constitutes my signature. DANIEL MARRA , ORGANIZER 8 Ransom Ave Sea Cliff, NY 1 ]579 Filed by: JAMES CASTALDO & ASSOCIATES INC 6 FOREST AVE LAKE GROVE, NY 11755 FILED WITH THE NYS DEPARTMENT OF STATE ON: 11/02/2020 FILE NUMBER: 201102020240; DOS ID: 5870340 DOS-1239-f-I I (Rev.02/12) Page I of 1 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is ^ , necessary to avoid same. YOUR NAME : Daniel Marra Received (Last name,first name,middle initial,unless you are applying in the name of someone else or other entit such as a A company.if so,indicate the other person's or company's name.) ® � Il 2024 TYPE OF APPLICATION:(Check all that apply) Zoning Board of Appeals Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership,of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all'that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP N/A Submitted this 21 day of GJ611";Zb 24 Signature Print Name Daniel Marra 3400' FROM 9450 MAIN BAYVIEW 8645 ' 1 .18 MI FROM 9450 MAIN BAYVIEW • 1 • • 9450 MAIN BAYVIEW +/- 37' FROM • • ` D 'r2200' FROM 9450 MAIN BAYVIEVV ti eceive • l - 5875 Main Bayview Rd, Heceived DEC � � Southold, NY 11971 � 3485 Mai Rd, 112924 \ �Soutbo / 8645 Main Bayview Rd, 11575 Main Bayview 1EC 112024 Board of APpeaiSouthold,NY 11971 Rd,Southold,NY 11971 ning Board of Appeals - r YvieW Rd + � 1 r, Maim Bayview Rd * • • _ Main Bayview Rd - .7_ Man e �_. Nortfi'Fork Sign Co aye, � '• 3680 Main Bayview Rd, �a Southold, NY 11971 _ � Main Bayview- . : 1 MAIN _ 1.15 MI FROM 9450 MAIN B` • • • •• 1 PROPERTY LINE PROPOSED • • • • ` D i AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. ��Ci�9� Iqq YOUR NAME • Anthony Portillo (Last name,first name,middle initial,unless you are applying in the name of someone else or ot"IR" tiT TION company.Irso,indicate the other person's or company's name.) ESL Ir g A ur TYPE OF APPLICATION:(Check all that apply) Zoning Board of Appeals Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this��day of 20 24 Signature Print Name Anthony Portillo Town of Southold LWRP CONSISTENCY ASSESSMENT FORM Received IcAl/v A. INSTRUCTIONS DEC 112024 1. All applicants for permits* including Town of Southold agencies, P1nLo Lge°MPM!kF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency-review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 _87 _05-22 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. © Building Dept. 0 Board of Trustees E 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation,land transaction) (b) Financial assistance(e.g. grant,loan, subsidy) (c) Permit, approval,license, certification: Nature and extent of action: Proposed 2 story single family residence,with stair, landing,and rooftop deck Proposed pervious gravel driveway Location of action:9450 Main Bayview Road,Southold NY 11971 Site acreage: 1.2 p-y e c e;, 166V Present land use:Vacant Lot DEC 24 Present zoning classification:AC Non Conforming Zoning Board of Appeals 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:AMP Architecture,Anthony Portillo (b) Mailing address:PO BOX 152 Mattituk NY 11952 Office Address: 10200 Main Rd Unit 3a, Mattituck NY 11948 (c) Telephone number: Area Code( ) 631-603-9092 (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes 0 No® If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ®Yes ❑ No ❑ Not Applicable The proposed new build maintains the community character, preserves open space,makes sufficient use of infrastructure,and good use of the coastal locaion and minimized adverse effects of development. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria © Yes 0 No ® Not Applicable There are no historical or archaeological resources on this property. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria an ' 0 Yes 0 No ® Not Applicable The proposed work will not affect the visual qulaity or the the protection of scenic resources. Fleceiyed nEC v 1 292 honing Board of Appea 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 El No 0 Not Applicable All proposed work will be built to the latest IRC and local town codes.All roof and gutter systems will be connected to the new drywells to collect rainwater.A new IA OWTS System will be installed,as apposed to a traditional septic system. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ® Yes 11 No ©Not Applicable All stormwater runoff created by new construction will be controlled. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. 0 Yes []] No® Not Applicable The proposed area of work is located before the wetlands,approx.75.4'. No construction will be occuring or inturrupting coastal fish and wildlife. During costruction silt feting and hay bales will be placed between the area of work and wetlands to control all debris. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Received 003 ❑ Yes ❑ No® Not Applicable DEC 1 1 2024 The proposed work will not affect the air quality. Zoning Board of Appeals Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No V Not Applicable All waste will be controlled.All construction debris will be disposd of properly. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for,evaluation criteria. 0 YeLl No® Not Applicable The private property has no public access or public spaces. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ® Yes ❑ No El Not Applicable The proposed work will not affect the natural shoreline or water areas. r DEC 202 Attach additional sheets if necessary Zoning Board of Appeals Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ® Yes ❑ No ❑ Not Applicable The rainwater will be caught and controlled. Pervious materials will be used for the driveway to minimize water flow. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Created on 5125105 11:20 AM e 9• e r v„1: Oft 7 ✓ I ' +� �;F,._ ` � } aiI • �`'�",„ Y' '�j .y-, -•. w _ r ; 7ifrFx ,'�� .. r. R., MIA ANX J* i x jr la y• � g i e �!`'�?'t1 r J' �l�' ! �} l T01A/N OF SOU4H®LD PROPERT 'OWNER STREET VhLLAGE " DIST. SUB. LOT. i 'fin =11/91 vim( J FORMER OWNER N �Jl�+-(� �-� EG.';��5�``°"� "�_ + S W p TYPE OF BUILDING iL—P0. 'ES SEAS. �� YL.' FARM COMM. CB. MISC. Mkt. Value F TOTAL DATE REMARKS LAND. IMP a J g .4v � d rI t-,) o,n.A 7_ r r: -� g a o g rl-a s�� a 7� (Z 28 -- f3��0 I S �' �I�U N AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE :FARM Acre Value Per Value - Acre -, r.illable 1 L CvG. (illable 2 "illable 3 Voodland wampland 7 C�. 3��-*., FRONTAGE ON WATER irushlond' FRONTAGE ON ROAD / d louse Plot — ,DEPTH30 09 V1, BULKHEAD otal U DOCK AMP Architecture Address:10200 Main Road,Unit 3A,Mattituck NY 11952 Phone:(631)603-9092 Design + Build Southold Town Zoning Board of Appeals 54375 NY-25 Southold, NY 11971 RE: Marra/9450 Main Bayview LLC Residence 9450 Main Bayview Road Southold, NY 11971 Tax Map#: 1000-87-5-22 Received JUNIT2025 ' Southold Town Zoning Board of Appeals, Zoning 80arti of Appeats Per AMP Architecture's original submission,the Zoning Board was presented with a map of homes on Main Bayview that are very close to the street, and very close to the front property lines. These homes listed on the map provided by AMP office show that the front yard relief requested is within the characteristics of the neighborhood and are even more restrictive than the homes shown on the map. During the Zoning Hearing on June 5, 2025,the board indicated that the homes shown might show the neighborhood characters are in line with the relief requested, but pre-dated zoning and the Board would like to see homes that have received reliefs and are similar to the property in question. Attached to this letter the Board will find four examples of homes in Southold Town that have received similar variances and show neighborhood characteristics regarding proximity to the front property line. I have numbered the reliefs to make it easy to follow this letter and the attached reliefs. #1.Appl No.4771 Address:9720 Main Bayview This relief was granted to the neighboring property. The couple that is objecting to this relief received a relief to build a brand-new home on their property. The request was for a 30'front yard variance where a 50'front yard is required,similar to our request. The reason for this request is the Right of Way cuts onto their property, but also the same freshwater wetland that is on our property is creating a restraint on the ability to build a home on the property(please read attached; Reasons for Board Action, Described Below(1)) . The proposed (and now built home), is 51'from the Freshwater Wetland that is in question on our property. This goes to my point that historically homes were approved and built closer to Freshwater Wetlands than what we are being subject to. Which is why when purchasing this property the assumption that a home could be built without any relief. This relief is not self-created and should be granted in the same fashion the neighboring home received the same requested relief. Second,the concern about the habitation and plant life at this Freshwater Wetland. This home was built and by the neighbors'own testimony the Freshwater Wetland is re-inhabited and alive. The same thing will happen after the proposed building is built on 9450 Main Bayview. As per our plan to revegetate and add native plantings,the habitat will be even more alive than it is now. Page 1 of 3 A M P Arch i t e c t u re Address:10200 Main Road,Unit 3A,Mat ' Y 11952 Phone:(631)603-9092 Design + Build SUN Y 7 2025 #2 Appl No. 7427 zaNIMG BOARp Address:4077 Main Bayview Road (Adj.to West Creek) ®F'��°�ALS The relief for this property was granted for a 35'front yard setback,when a 50'front yard setback is required.The reason for this request was due to the rear of the home backing up to a wetland, and the home being 56.1 feet from the flagged wetlands. The applicant was required to have a 40' non-turf buffer. Due to these wetland requirements the home was plotted within the required front yard setback. This shows that the design and positioning of a new home resulted in the need for a front yard variance due to a wetland on the property. This will be shown in the other examples I am providing. #3 Appl No. 7699 Address: 2025 Smith Road The applicant for this appeal was requesting the construction of a new home with a front yard setback of 6.8'when the required setback is 40'. This application was approved allowing a 15'front yard setback. This approval is 62.5%of the allowed code required front yard setback. As stated by Mrs. Wickham during the Zoning Hearing, our application is for 40%of the code required front yard setback. This application shows that under certain wetland, or flood constraints on the property,the Board has approved front yard setbacks well over the percentage we are requesting. This home is also very large with seven bedrooms and could have easily made design changes to increase the front yard setback. Our design is clearly not a huge home, and we have made every effort to reduce the footprint and meet requirements. I believe if the Board takes into consideration this home and the approved front yard setback, it will be clear that our request is non-substantial in comparison. #4 Appl No. 7944 Address: 3755 Shore Road This application is not near the subject property but shows the Board has approved front yard variances due to Trustees restrictions on new buildings. This property was granted a front yard variance of 25', when a 35'front yard is required (29% request). The need for the variance was due to the "Pier Line". The home had to be plotted behind the pier line to be in compliance with Trustees regulations. The front yard setback requested was in-line with neighboring homes and the neighborhood. Due to the size lot and the wetland restrictions the home had to be plotted closer than the front property line. I think it is important to compare this application to the subject application. The restrictions set by the Trustees created a need to push the home away from the wetlands and create a need for relief from the town zoning code. I believe these 4 applications and approvals, plus the map previously provided by my office, show that the relief requested should be granted. Our request is not outside the neighborhood characteristics, and I have shown that the Board has approved new homes'front yard variances due to Page 2 of 3 i A M P Architecture Address:10200 Main Road,Unit 3A,Mattituck NY 11952 Phone:(631)603-9092 Design + Build restrictions created by Trustees. As I stated during the hearing and in this letter,the distance from the wetlands requested by Trustees is more than expected and is more than would be asked historically when adjacent to a freshwater wetland (see neighboring approval, 51'from the same wetland). We received approval from DEC to be 52.5'from the freshwater wetlands. Thank you for your consideration, if the Board feels that we need to discuss this further in person we ask to keep the hearing open. I think due to these findings there is a lot to consider and discuss. We look forward to your approval. Thank you, Anthony Portillo, RA, LEED AP Page 3 of 3 1 C H A I K I N CT T O T I N G Attorneys at Law June 16, 2025 Via Electronic Mail Zoning Board of Appeals Town of Southold 54375 Main Road P.O. Box 1179 Southold,New York 11971 P: (631) 765-1809 Attention: Zoning Board of Appeals Board Members Re: Variance Application for 9450 Main Bayview Road Dear Chairperson Weisman Members of the Zoning Board of Appeals: I am writing on behalf of my client, 9450 Main Bayview LLC—Daniel Marra, in response to the opposition and/or comments presented at the most recent Zoning Board meeting held on June 5,2025,regarding the instant application. As a practicing attorney with extensive experience in land use and real estate matters, I bring a comprehensive perspective to this proceeding. In addition to my legal background,I served for approximately four years on the City of Glen Cove's Board of Zoning Appeals prior to my tenure as a Councilman. I also have direct, practical experience as a residential home builder mainly on the North Shore of Nassau County, which further deepens my understanding of the intricacies of local land use and development issues. It is with this multifaceted background that I respectfully submit the following remarks for the Board's consideration. 4 The instant application seeks a single area variance from § 280-124(b) of the Town Code, specifically a request to reduce the required front yard setback from fifty (50) feet to thirty (30) feet. As the Board is aware, New York State Town Law § 267-b(3), which mirrors the Town of Southold's own standards, requires the Zoning Board to consider the following five factors when evaluating an area variance: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created; 2. Whether the benefit sought by the applicant can be achieved by some method other than a variance; v 445 Broadhollow Road,Suite 232 ((212)931-4878 A(212)208-2494 91 Rocco@chaikintotino.com Melville,New York 11747 Vanessa@chaikintotino.com C H A I K I N CT T O T I N G Attorneys at Law a limitation risks applying a standard that is inconsistent with established zoning principles and appellate guidance. In closing, I respectfully request the Board to consider the application in light of both the legal precedent and the documented character of the neighborhood. I would be pleased to appear before the Board in person to further discuss this matter, answer any questions, and provide additional clarification as needed. We appreciate the Board's attention to this application and look forward to receiving your approval. Thank you for your time and thoughtful consideration. Respectfully submitted, Rocco A. Totino, Esq. Q 445 Broadhollow Road,Suite 232 (212)931-4878 A(212)208-2494 M Rocco@chaikintotino.com Melville,New York 11747 Vanessa@chaikintotino.com APPEALS BOARD MEMBERS �SUFFOJ/r Southold Town Hall l Gerard P. Goehringer, Chairman -2 Gym 53095 Main Road James Dinizio, Jr. co = P.O. Box 1179 y Lydia A.Tortora Southold,New York 11971 " ~ Lora S. Collins ZBA Fax(516)765-9064 George Horning 1 �►a Telephone(516)765-1809 i ; BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 14, 1999 Appl. No. 4771 - LEWIS EDSON, Owner (Mary Kirsch, Contract Vendee) STREET& LOCATION: 9720 Main Bayview Road, Southold 1000-87-5-24 DATE OF PUBLIC HEARING: December 14, 1999 FINDINGS OF FACT PROPERTY FACTS: The applicant's property is vacant and consists of 54,301 sq. ft. with 135 ft. lot width along Main Bayview Road and lot depth of 450 feet. The June 9, 1999 survey also shows a 20' right-of-way at the rear of the property leading to Corey Creek. The lot is zoned Residential. BASIS OF APPEAL: The Building Inspector's Notice of Disapproval dated November 8, 1999, stating that the proposed 30-foot setback of the house from the right of way'on the east side is less than the 50-foot front yard required by Code Section 100-244(B). AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing location of a house as proposed in the application, at 30 feet from the right of way along the east side of the property; the setbacks from the westerly lot line (20 feet), and from Main Bayview Road and the rear lot line, satisfy the Code. REASONS FOR BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The location of the proposed house is constrained by the presence of wetlands. The 20-foot right-of-way along the east side of the property reduces the effective width of the property to about 100 feet in the area in which the house is to be located. Compliance with the 50-foot setback requirement from the right-of-way, and- with the minimum 20-foot side yard requirement on the west side, would leave little lot width for the house. Thus; in order to build a house of reasonable size and shape, applicant requires a setback variance. (2) Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the requested 30- foot setback is from a lightly used private right-of-way. The position of the house on the Page 2 -December 14, 1' .,- Appl. No. 4771 - Lewis Edson(Kirsch) 1000-87-5-24 at Southold property will be such that, viewed from Main Bayview Road, it will have ample yards on both the east and west sides. (3) The environmental implications of the house location have been reviewed by both the Department of Environmental Conservation and the Town Trustees. (4) Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of a house in a feasible and desirable location while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Collins and Horning.) Absent was: Member Tortora.) This Resolution was duly p d (4.Q)-� GERARD P. GOE ER CHAIRMAN 12/21/9 Approved for Filing SURVEY OF PROPERTY SITUATED AT SOUTHOLD F 04, TOWN OF SOUTHOLQ SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-87-05-24 , SCALE 1 fT=50 APRIL 7, 1999 A, �- MAY 7, 1999 (REVISED PLOT PLAN) b "41 11 i �• O' JUNE 9, 1999 (REVISED PLOT PLAN) 4 AREA = 54,300.93 sq. ft. rA + N I�'110D I 1 YA. 1.247 ac. A la.i I 1 ,•-�„yy t, p°' p`P 'c CER TINED TO Al MARY KIRSCH TEST HOLE DATA Magee° // , ' .:..t '; /� ' `410 (TEST HOLE DUG BY McDONALD GEOSCIENCE ON MARCH IZ 1999) \ \..luJEL loW / DAR BROWN SILTY LRAM OL . L ��. 'GIG �'c` '•� 2._i0 r,a /' BRBwN watt ml Ak • PARE a—TORE 10 COASE 6AN0 SW � ,y Zvi����I_//' + lk r �\I•�L lI�/ ryd ```' TOR 2.b� i l�/• \\ 10 A. , ''^/ j e WATER IN PN.E BROAN ONE 70 COARSE SAND SWY /:I.S./• .$J/•ii' 'A ���' R •7 MµCU NSULL,�M�'. ':1.a• 'MlV fN 17 5 /L1 le' A -�: , LS lJ- Sr'' /-2-6 U AUS- 2S9 bb•�; TOWN OF SOUTNOID 1.Im AnONS ARE REI RDICEO To ILO.VA 1B� TUY R 1 EDSM.61YATIONS ARE WOx91 TNUSI I NMMRa EISVATIO"ARE"DAN THUD 1LT�P. ' bh' Y.IC LoaATON Or WOLs ANO D[e—lNOYM-H ARE NIOW rrtw Wl_.RNS 41a/OR DATA ORAWIO FROM a.- s MaMSTa SEPTIC Yxr.STRUCTIIRCR Man 1TIU1 TANK:0.WHO.4'•4'WIN.a'-P'DEEP QSa♦ 4.MWIMUN LEAONINO RTRrtM FOR A I TO 4 BEOROOK NODE IS 300 y R 31DEWALL AREA. G­4 e•BEEF.E•G. D.THE P ED BDTAGE DIS ORAL SYSTEM aNALL RE EFRCIIYELY DW our,DOWN TO AMR Q i001 STRATA OF AEOREAKE[AND AND GRAVEL FOR A DIAMETER RI[(1)FEET aRuIER THAN THE LEACHING FOOL R.AREA Of EXCAVATION TO R SASHF1 0 IWTN ACOo TARIC SANG A GRAwa_ i T.THE[NTRE AREA Or DICAYATON IS TO BE w[LL—DIED N AMOW THE EHUVATON TO RE Oft WIVE READYING THE UNRRaMIE S.n Js Y / I / I .L /• I 1I /' 1' TYPICAL SEWAGE DISPOSAL SYSTEM i �.7 i/• 1 (xm ID TGLLD I /I Mau um — W nn Ar and mmrwl a/ao I I An.:m` •uam I !OaN 1 / � its pe I—•—� -. µa SEPTIC TANK(41 l •.�`�a•a:r` .avool,,.a R ImFaW cwva _ RIA[A IeAAr mxmrA[_m�m�v fm�o�'I v a an i i/ •.,'acn j�C 'MaM P:r' +x"9.i1°4�fn m"r. \ ."f..'a.••,` v °'—ra.a,n,.,,,,.,anwno.v.� LEACHING POOfS r21 a•117 BE NAwA1a. ''•`.aD"IwI'f°tam",'�°p1r u A I re.�WAo.IniL.An n n Rapuu AAG LL //' /'! / //•-1.6 J TO ATII0PRE0 ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORN STATE ? / / ! -y�• EDUCATION LAW. ��d�•t � // !/ / // COPIES OF THIS SURVEY MAP NOT BEARING / THE SSO SURVEYOR'S INKED SEAL OR SI ELIBOE A UD SHALL NOT BE CONSIDERED TO RE A YAI10 TRUE COPY y 100 OATIHE PERSON HEREON SWILL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED.AND ON HIS BEHALF TO THE TITLE COMPANY.GOVERNMENTAL AGENCY AND LENDING MMUUON LISTED HEREON,AND TO THE ASSIGNEES OF THE LEND IN511- / /I`- , /• TUDON.CERTIFICATIONS ARE NOT TRANSFERABLE. / THE EXISTENCE OF RIGHTS OF WAY /' AND EASEMENTS OF RECORD,IF �,�•►' �� �' ANY,. N NOT SHOWN ARE NOT GUARANTEED. l.7 1 / PREPARED IN ACCORDANCE WITH THE MINIMUM 1 STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I,ASE AND APPROVED AND ADOPTED Joseph A. Ingegn \, FOR TITLE SASSOCU710NY E NEW YORN STATE LAND O �, (D Land Surveyor 1AN0 I a5�'p11A.I 'Qt, CD Z G7 CI -m " G Jv 0� ��� c C/2 ra Title Surveys—Subdivisions — Site Plans — Construction Layout PHONE (518)727-2090 Fox (516)722-5093 •`� �.Fj.�°' '9T 0 S ^� OFFICES LOCATED AT MAILING ADDRESS N.Y S. Llc. N`�966 a (Ina Union Squore P.O. Box 1931 Aquebogue,New YGT4 11931 Riverhead.New York 11901 ---�—� 9 —234— BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®�®F $®(/jg,� 53095 Main Road•P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. '.�°r® � �® 54375 Main Road(at Youngs Avenue) Nicholas Planamento �'�c®UNN Southold,NY 11971 http://southoldtovmny.gov Ift ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD d- �I.CR,o( C912=10�Wi TeI.(631)765-1809•Fax(631)765-9064 DEC 2 /9 2020 FINDINGS, DELIBERATIONS AND DETERMINATIOT I MEETING OF DECEMBER 22,2020 Southold Town Clerk ZBA FILE: #7427 NAME OF APPLICANT: Estate of Thomas Eiring by Steven Gutleber, Executor PROPERTY LOCATION: 4077 Main Bayview Road(Adj.to West Creek), Southold,NY SCTM: 1000-78-2-18.4 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 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 28, 2020 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 September 18, 2020. 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, non-conforming, 40,012 square feet, .92-acre rectangular waterfront lot in the R40 Zoning District measures 127 feet along a right of way then runs northeast 273.18 feet along a residentially developed lot to the west, then runs 152.29 feet along West Creek and returns 305.90 feet along a residentially developed lot to the east. The lot is unimproved; however, the survey illustrates a proposed two-story house with attached garage, a proposed sanitary system, a proposed pervious driveway and lawn areas located in FEMA Flood Zone X, along with a 20 feet (revised to 40 feet) wide Non-Turf Buffer landward of the tidal wetlands as flagged by Suffolk Environmental, Inc. and shown on the unstamped survey prepared by Howard W. Young, L.S., last revised November 24, 2020. BASIS OF APPLICATION: Request for a Variance from Article IV, Section 280-18 and the Building Inspector's March 2, 2020, Notice of Disapproval based on an application for a permit to construct a new single-family dwelling; at 1) located less than the code required minimum front yard setback of 50 feet; located at: 4077 Main Bayview Road (Adj. to West Creek), Southold,NY. SCTM No. 1000-78-2-18.4. RELIEF REQUESTED: The applicant requests a variance to construct a new, single-family, two-story dwelling with garage and attached rear deck with a front yard setback of 35 feet where the Code requires a minimum front yard setback of 50 feet. Page 2,December 22,2020 #7427,Estate of Thomas Eiring SCTM No. 1000-78-2-18.4 ADDITIONAL INFORMATION: The application was adjourned from the October 1,2020 public hearing in order to allow for NYS Department of Environmental Conservation commentary. The applicant submitted a revised survey increasing a 20 feet wide Non-Turf Buffer to 40 feet, per DEC request, landward of the tidal wetlands on November 25, 2020. The applicant's agent provided a Certificate of Appointment of Executor from the Surrogates Court of the State of New York, dated September 15,2014, indicating Stephen Gutleber as the fiduciary appointed. The applicant included undated architectural plans for the proposed residence designed and stamped by Vincent Benic, R.A., labeled A-101, A-102 and A-201 through A-203. Additionally, the applicant proposes to install a Suffolk County Board of Health approved Innovative Advanced (I/A)wastewater treatment system and will hook- up at the applicant's expense, the residence located at 4235 Main Bayview Road, Southold NY (Dooley) SCTM: 1000-78-2-17,to public water in order to facilitate sanitary system placement on the subject lot. While the subject parcel is 40,012 square feet in size the upland,buildable area is limited to 17,282 square feet with an allowable lot coverage of 20%. The applicant proposes a house, attached garage and front and rear decks for a total of 16.9% lot coverage. Prior relief was granted by this Board under appeal #1815 dated June 7, 1973 which allowed for the creation of the subject lot along with the 15 feet wide right of way, creating site access. The applicant's agent, on October 2, 2020 submitted copy of ZBA decision #7322 illustrating relief granted for a reduced front yard setback in support of this application. No member of the public or an immediate neighbor spoke in favor of or against this application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 1, 2020 and December 3,2020 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 U67-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. While the subject parcel has an address on Main Bayview Road, the proposed residence is located down an unimproved, dirt and RCA composite right of way and is not clearly visible from the paved roadway. Area homes vary in condition, age, size and placement on their respective lots. The proposed 35 feet front yard setback is from the rear lot line of the adjacent parcel which fronts on Main Bayview Road and owns the right of way, allowing access to the subject property. The proposed house is approximately 200 feet from Main Bayview Road. 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. While the applicant could conform to the Code required front yard setback and construct the residence an additional 15 feet back, in response to the NYS DEC request to increase a non-turf buffer between the building area and the flagged wetlands, the proposed residence needs to be pushed forward,therefore the need for relief and a reduced front yard setback. 3. Town Law §267-b(3)(1b)(3). The variance granted herein is mathematically substantial, representing 30%relief from the code. However, the front yard setback is calculated on lot size and not buildable area. As a result, the 1 Page 3,December 22,2020 �� � #7427,Estate of Thomas Eiring SCTM No. 1000-78-2-18.4 required front yard setback is greater than what would be permitted if the setback was calculated against the buildable lot area, in which case,this application would be compliant and would not require relief from the Code 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. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a single-family residential dwelling with garage and decks with a reduced front yard setback of 35 feet while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Planamento, seconded by Member Acampora, and duly carried,to GRANT the variance as applied for and shown on the unstamped survey prepared by Howard W. Young, L.S., last revised November 24, 2020 and the undated architectural plans, received August 18, 2020 for the proposed residence prepared by Vincent Benic,R.A., Iabeled A-101,A-102 and A-201 through A-203. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant is to install a Suffolk County Department of Health Services approved Innovative Advanced (UA)wastewater system. 2. The applicant shall install public water,at the applicant's expense,to the Dooley residence located at 4235 Main Bayview Road, Southold NY(Dooley) SCTM: 1000-78-2-17 prior to the issuance of the building permit for the proposed residence. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. i Page 4,December 22,2020 --% f #7427, Estate of Thomas Eiring SCTM No. 1000-78-2-18.4 Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board: Ayes: Members Weisman(Chairperson),Acampora,Dantes,Lehnert, and Planamento(5-0). el_ f Mnes W ism n, Chairperson Approved for filing/ ro /2020 FORM NO.3 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT AUG 18 2020 SOUTHOLD,N.Y. Zoning Board Of Appeals NOTICE OF DISAPPROVAL TO: Pat Moore(Firing) DATE: March 2,2020 51020 Main Road Southold,NY 11971 Please take notice that your application dated February 21,2020 For permit to construct a new-single family dwelling at Location of property:4077 Mairn.B;iWid*Road. Southold;-NY County Tax Map No. 1000—Section 78 Block 2 Lot 18.4 Is returned herewith and disapproved on the following grounds: The proposdd-d6h§fruction dgi tliis-confoirninQ parcel ih the Residential R40 District is not pei-MittiA pursuant. 'toArttcle-IV. Secti6n?80-18.'Vhicl `N6'building or`ofemises shall be used and no Building or part the"feof shall be erected or altered in the Low Density RA Distridt unless"the same conforms to the iegtiirenients ofthe Bulk Schedule and of the Parking Schedule the-same force and effect as if such-reQulations were set forth herein full." A fxorit_vard setback off 50 feet is fequiied hl pibposed construction notes a frdntvard setback of 35 feet. Authoriz_ Signature Cc:File,ZBA r r j 1 400 0etrolGer Ara .Rb4AraeO M—Y-k-N401 r �S �( - -- �� 0,U11 I `� I r�r!ee 4 f✓/a 9 lha �ifc�l a rt You.�cy lad$uvey4r D4 Iy E.AdO aer-an' Moor q 9 16�oO��e4e�e. 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FIRING ARFn-ao012 SG at Southold,Torm OF Southold E VFRnGAL DArA•1 .NAV DATW(p081 • •SCE FLOOD IN9RAW-0 RATE MAP PAS Ho.5MVBWL66 HL4bw �Q. SuFFolk.County,New York DATED sere 29.20M. ADJACENT AREA LOT GOVERASM • DEPTH TO OROIAmWATEt •4 r r F It H*QXR Or BEDROOM RMSIBN C6DrvAUM .9 ADJACtff AREA.I1]D2 SM Pr. SUILDIN6 FMMIT SUR1/EY i PROPOSED • MWKM RE REP VA VMS GAPArnY •400 6AL � 2 STORY FRArL HOJS--4 6ARA6C •�4]O 50•FT, 1e.49. .. ps PROVIDED m vA oms GAawuY Soo 6AL TOK MOPay 1000 —18 to 02 16A - - • LEAG1,I146 5757EM REMAR•EP •9O0 spem NOTES _ g • LEACHINS 6AL LY5 PROVIDED •516 SPsy4A 1.THE ON*SMALL BC✓OVE"GCN-9 MAWFAGTLREO BY ENSIN®25 GERTIFIGATION MAP PREPARED MY 06.3W6 ' •AVTOMArG IRRI&ATION SYSTEM TO VC INSTALLED TO MAINTWN rux-am—Usk ROwrd of Revisions PROPOSED LAM A=/OR PLANtINfli 2. 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WrI AS OP TNl9 DATE S • UA LAYOVI..VmSOAPi .QTOT$O.PT 4.AN E.•CVr9P OPERATION AkO MAIWOLAW-C CONTRA=. � ' L gt 8_70%-4 Toe M•VNiF]4WG_PROV12EM+W PROP°_RTY CM.Ei C PROPOSED MYST BE bP_MT[D'O Tie a OLK GCWIT OEPACT✓"�AT OF , —'rwl � �`i�., 1a. Ct 50 O 50 100 00 HOIPE •IB-w SQ Pr. NEALTN S•-TtMBS(SGDIEV PRIOR TO APPROVX.Or THE VA ';`•��.sud?' 6ARA69 .920 9O.FT. OIfrS R•55TRArON BY•pl-° IN tiC RPANGE PVTN f NOYNRD yL Y .N.YS.LS.NO.49B49n \••�..i cjif•VJ� rJ•GOIOI I•a BO' FRONT O= .=4 SO.FT. �IQ CI•THE St4TOLK GQAT!'SNUTAAY C?rE. I THOMAS O.AOLPOV.12219 PE NO.61409 •/ - BAfX DECK •906 SO.FT S.ARLMITCGT TO•/ERVY PIt04 ED rLOOQ"LCVATO`L51. DOM-AS L ADAP 6.RY9.PC NO.aC&M DI"16.20lb-b1-.bP I OF 2 MAILING ADDRESS: OFFICE LOCATION: ��®F soa��® P.O.Box 1179 Town Hall Annex 54375 State Road Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs.Ave.) y Southold,NY Telephone:631 765-1809 http://southoldtownny-gov 4ou RECEIVED ZONING BOARD OF APPEALS + #W 6 3'�0��, Town of Southold E E g - g 2024 FINDINGS,DELIBERATIONS AND DETERMINATION P MEETING OF JANUARY 19, 2023 ` Southold Town Clerk ZBA FILE: #7699 (AMENDED FEBRUARY 1,2024) NAME OF APPLICANT: Sheila Stoltz PROPERTY LOCATION: 2025 Smith Road,Peconic,NY SCTM: 1000-98-4-I9.2 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 referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated July 15,2022 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 October 24,2022. 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 INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. This determination is based upon the following: 4.1 Minimize losses of human life and structures from flooding and erosion hazards. 1. Move existing development and structures.as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures that functionally require a location on the coast or in coastal waters. The single-family residence does not require a location on the coast. The setback relief requested is an indication that the lot is being overdeveloped in an environmentally sensitive coastal area. The structure is located within FEMA flood zone AE El 6. The proposed 23 percent lot coverage on the parcel is contrary to preventing loss to structures in hazardous areas. The structures within these areas are subject to repetitive loss from storm surges and flooding and should be avoided and/or minimized. In event the action is approved a significant non-disturbance buffer incorporating existing vegetation seaward of the structure should be required to further policy 6. Page 2,January 19,2023—A1VlENDk,. ,BRUARY 1,2024 _ #7699,Stoltz SCTM No. 1000-98-4-19.2 The Board of Appeals finds that the conditioned alternative relief granted herein sufficiently mitigates inconsistencies with the LWRP policies,and now therefore,determines that the proposed action is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject, non-conforming, 27,215 square feet (23,278 square feet buildable), .571 acre rectangular-shaped,waterfront parcel, located in the R40 Zoning District, measures 384.77 feet along Smith Road(Private Road)and the Indian Neck Park subdivision/Smith Road Association Beach at Hog Neck Bay (Peconic Bay) then runs east 83.02 feet along a tie line along the apparent high water mark, then runs north 355.73 feet along a residentially developed lot to the east,then returns 68.60 feet back to the roadway. The property is improved with 2-story frame house with attached covered porch, wood steps leading to the beach, a small roof over wood entry stoop and a brick walk leading to a gravel driveway as shown on the survey prepared by Joseph A. Ingegno, Land Surveyor last revised February 14,2004. BASIS OF APPLICATION: Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's May.12,2022 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a new single family dwelling with a habitable third story; at; 1) located less than the code required minimum front yard setback of 40 feet; 2) located less than the code required minimum rear yard setback of 50 feet; 3) more than the code permitted maximum lot coverage of 20%; 4) exceeds maximum permitted stories of two and one half(2 '/z); located at: 2025 Smith Road, Peconic,NY. SCTM No. 1000-98-4-19.2. RELIEF REQUESTED: The applicant requests four(4) variances for the demolition of an existing residence and the construction of a new, FEMA compliant,7-bedroom single-family residence in its place: 1. The proposed construction will have a front yard setback of 6.8 feet where a minimum of 40 feet is required. 2. The proposed construction will have a rear yard setback of 11 feet where a minimum of 50 .feet is required. 3. The proposed construction will have a total lot coverage of 23%where a maximum of 20% is allowed. 4. The proposed construction will have third floor habitable space where the maximum permitted stories of two and one half(2 ''/z), including a designated non-habitable attic,are permitted. AMENDED APPLICATION: During the hearing,the applicant was asked to bring the plan into more conformity with the Code. The applicant, on December 14, 2022, submitted revised plans increasing the front yard setback to 12.1 feet(maintaining the existing residential structures setback prior to,demolition),where a minimum of 40 feet is required for new construction and reduced the rear yard setback from a proposed 11 feet to 9.8 feet, where 50 feet is required. Furthermore,the applicant removed the need for two of the four variances requested by reducing the lot coverage from the proposed 23% to 19.9%, where a maximum of 20% is allowed and redesigned the proposed habitable third floor area into an unconditioned and compliant attic within the permitted two and one half(2'/2)story structure bringing the plan into more conformity with the code. ADDITIONAL INFORMATION: The subject parcel runs parallel to the private road,which immediately after the driveway access necks down to a small footpath allowing access for association residents to access the beach. The site was originally developed in the early 201 century where the house front fagade faces north with the rear fa9ade facing the water. From a `conforming' zoning standpoint, the architectural front of the house should be facing the roadway and beach access path, with side yards to the north and south. However, because of the site's original development, as commonly done at waterfront parcels,the legal front and rear yards act as side yards. In this case, it is nearly impossible to construct a code compliant house, requiring a minimum front yard setback of 40 feet and a rear yard setback of 50 feet,since the lot is on average 75 feet wide. Deep compliant side yards exist and are proposed to be maintained as part of the redevelopment. The improvements on the subject parcel are covered by the following certificates of occupancy (to be voided with the proposed demolition): Page 3,January 19,2023—AMENDL'L�-ABRUARY 1,2024 #7699,Stoltz SCTM No. I000-98-4-19.2 #Z-16329 Dated October 23, 1987 covering a seasonal one family dwelling #Z-18768 Dated February 6, 1990 covering the replacement of the front entry stoop 4Z-18813 Dated February 21, 1990 covering the conversion of a season dwelling to a year-round residence #Z-32467 Dated July 13,2007 covering additions and alterations per ZBA#5572 The subject parcel is the beneficiary of the following Zoning Board of Appeals applications: #I559 Dated June 15, 1972 granting the subdivision of a lot containing two residential structures #5572 Dated October 7,2004 granting an additions maintaining a 12.1 feet front yard setback The applicant provided a site plan and architectural drawings, including floor plans and elevations, prepared by Raymond W. Nemschick, Registered Architect, dated March 15, 2021, and last revised December 9, 2022, and labeled A-1 through A-7 and PP-1. Per the applicant's testimony,the FEMA designated flood elevation on this property is AE6;Elev.+6 feet. With this information,the minimum finished floor elevation would have to be+9 feet to ensure FEMA compliancy. Further, to avoid any potential flood hazard,the applicant proposes a crawlspace foundation. Written testimony, in opposition to this application, was received prior to the public hearings. The Smith Drive Home Owner's Association spoke against this application along with several neighbors highlighting concern over the house size and location, environmental impact to a sensitive waterfront location, fear of increased weather conditions and storm impact, damage to association property and disruption to the quiet enjoyment of the association roadway and access to the shared beach. In an email correspondence of January 20,2024,the applicant's representative requested an amendment to Condition#2 of the decision to omit language that referred to a 7 bedroom residence. His reasoning was that the applicant may reconsider the number of bedrooms to be constructed in the new single family dwelling. Based upon this information, at the February 1,2024 Regular Meeting, the Board members voted unanimously to amend Condition#2. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 3,2022 and January 5,2023 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 4267-b(3)(b)(1). Grant of the variances requested will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Smith Drive Association consists of modest homes built predominantly during the mid-201h Century on substantially less than code conforming`upland' lots with a shared association beach. Most homes are small and while many have been renovated or expanded in recent years to meet modern tastes and needs,those improved dwellings still maintain the scale and character of a cottage colony. Within the association,there are only a few water-front lots,including the applicants.These waterfront lots and others within the original 1912 Indian Neck Park subdivision(Arrowhead Lane Association, Robinson Road Association), along the coast of the Peconic Bay, for the most part have been substantially altered and enlarged to take advantage of the view and the valuable waterfront.The subject parcel is adjacent to the association beach. While the applicant's proposed home is closer in size to other renovated neighboring waterfront homes, those homes were largely expansions of existing dwellings and not entirely new construction as proposed by the subject applicant. In addition, increasing severe weather events have had a significant impact on the visual quality of this neighbor as property owners seek to protect their homes from flooding in this environmentally sensitive area by elevating them to comply Pagb 4,January 19,2023—AMENDED,__,'BRUARY 1,2024 #7699,Stoltz SCTM No. 1000-98-4-19.2 with FEMA recommendations and standards. FEMA compliance in the subject neighborhood, and in other neighborhoods in FEMA flood zones, has begun to dramatically change the scale and character of neighborhoods, especially where a second story addition is also proposed. The additional mass and volume of these larger dwellings on relatively small lots, can cast shadows on adjacent properties and disrupt the privacy of neighbors and access to an association beach. Further these adverse impacts are-not in compliance with the goals of the Town of Southold Comprehensive Plan which seeks to preserve the unique historic character and scale of diverse neighborhoods throughout the town. Nevertheless,the Board recognizes that visual changes in the subject and other neighborhoods in flood zones will continue to take place over time as FEMA compliance among property owners increases. In granting alternative relief, and with the conditions imposed herein, the subject site's residential redevelopment will create a transition from the upland `cottages' to the more substantial waterfront residences that better maintains the historic residential scale and character in the neighborhood and along the shared access to the association beach 2. Town Law&267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant can raise and renovate their existing home and maintain the pre-zoning setback established when the home was originally constructed around 1925 to ensure FEMA compliancy. Alternatively, after demolition, any new construction would not be able to conform to the code as the lot is on average 75 feet wide which is insufficient to allow for the required minimum front and rear yard setbacks. As such,the benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. As the current house is non-conforming to the code, any work other than the aforementioned maintenance would require variance relief to comply with current zoning requirements and-FEMA flood rules, which would then require compliance with SCDHS standards for a new I/A system. The property size requires both front or rear yard variances if any expansion to the existing structure is proposed. However, both the code interpretation by the ZBA that established a de facto pyramid law in 2002 (Walz decision ZBA#5039 dated 1/24/2002) and the sky plane rule included in the "big house legislation" approved by the Town Board on October 18,2022,recognize that the adverse impacts of big houses on small lots require larger setbacks,especially for second stories. 3. Town Law 4267-b(3)(b)(3). The variances requested herein are mathematically substantial,representing 69.75% relief from the code relative to a reduced front yard setback of 12.1 feet where a minimum of 40 feet is required and 80.4%relief from the code relative to a reduced rear yard setback of 9.8 feet where a minimum of 50 feet is required. In granting alternative relief, however, the alternative relief granted will be reduced to 62.5% relief from the code relative to a reduced front yard setback of 15 feet for the first story and 37.5% relief from the code relative to a reduced front yard setback of 25 feet for the second story and 78%relief from the code relative to a reduced rear yard setback of I 1 feet where a minimum of 50 feet is required. By stepping the second story of the house back, away from Smith Road the overall massing of the residence will be reduced for those using Smith Road and accessing the association beach. Moreover, raising the house to current FEMA standards would mitigate future flood damage to the property. The installation of a new Innovative Advanced (I/A) sanitary system on the landward side of the dwelling(side yard)would mitigate the leaching of nitrogen to the Peconic Bay. These impacts are further mitigated by the limited relief and the additional conditions of approval imposed by this Board. 4. Town Law 4267-b(3)(b)(4). Evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant,must comply with Chapter 236 of the-Town's Storm Water Management Code and install a Suffolk County Board of Health approved innovative and alternative wastewater treatment system. The applicant additionally, is required to establish and maintain a non-turf `buffer' extending 100 feet from the delineated high-water mark towards the proposed residence per LWRP comments. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. I Page 5,January 19,2023—AMENDI�)__ EBRUARY 1,2024 #7699,Stoltz SCTM No. 1000-98-4-19.2 6. Town Law 4267-b. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new construction, single-family residence while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Weisman (Chairperson),seconded by Member Acampora, and duly carried,to DENY the variances as applied for, and GRANT ALTERNATIVE RELIEF as follows: I) The front yard setback for the foundation and first floor shall be a minimum of 15 feet from the property line along Smith Road; 2) The front yard setback for the second floor and eaves shall be a minimum of 25 feet the property line along Smith Road; 3) The rear yard setback for the foundation and second floor and eaves shall be a minimum of I I feet from the eastern lot line along Smith Road,recognizing the orientation of the residential structures `front' facade and bringing the proposed action more into conformance with the R-40 Zoning District side yard and combined side yard setbacks. ' SUBJECT TO THE FOLLOWING CONDITIONS: (AMENDED FEBRUARY I,2024) N/1! The residence shall have a finished floor elevation no higher than+9 ft above baseline elevation(+0. 0 ft) in minimum compliance with FEMA regulation. The applicant shall install a new Suffolk County Department of Health Services approved Innovative Advanced sanitary system. 3. The applicants shall obtain Town of Southold Board of Trustees approval or a letter of non jurisdiction. 4. The applicant shall install and continuously maintain a minimum 100-foot-wide non-turf vegetative buffer landward of the delineated edge of wetlands. V5, All porches,access stairs,roof eaves,etc. shall be contained within the setbacks granted herein. . A door shall be installed at either the base of the attic access stairs or at the top. 7. The attic is to remain unfinished, without insulation, except for the attic floor and over the vaulted ceiling serving the waterside bedroom below. 8. All construction, equipment, materials and contractor parking are to remain on the subject parcel during the construction period. At no time is Smith Road to be blocked or access to the association beach impeded. 9. Any damage to Smith Road as a result of construction equipment or the like, is to be repaired by the applicant prior to the issuance of a Certificate of Occupancy and to the satisfaction of the Smith Road HOA. 10. Before applying for a building permit,the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final site plan, survey, architectural drawings, elevations, and recalculation of lot coverage conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department.Failure,to follow this procedure may result in the delay or denial of a building permit,and may require a new application and public hearing before the Zoning Board of Appeals This approval shall not be deemed effective until the required conditions have been met. At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Page,6,January 19,2023-AMEND`— -"BRUARY 1,2024 #7699,Stoltz SCTM No. 1000-98-4-19.2 The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration.that does not increase the degree of nonconformity. IMPORTANT LIMITS ON THE APPROVAUS) GRANTED HEREIN Please Read Carefully Any deviation from the survey,site plan and/or architectural drawings cited in this decision, or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings,site plan and/or survey cited above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformides under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. TIME LIMITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed-with the Suffolk County Clerk,within three (3)years from the date such variance was'granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes:Members Weisman(Chairperson),Acampora,and Dantes,(3-0). (Member Lehnert Recused, Member Planamento Absent) c Leslie Kaides Weisman, Chairperson Approved for filing o / 6 /2024 AMENDED FEBRUARY 1,2024 14--1 FORM NO. 3 101 RECEIVE[ TOWN OF SOUTHOLD BUILDING DEPARTMENT JUL 0 7 Z022 SOUTHOLD,N.Y. Zoning Board of Appe.al5 NOTICE OF DISAPPROVAL DATE:May 12,2022 TO: Ray Nemschick(Stoltz) 66 East Main Street Patchogue,NY 11772 Please take notice that your application dated April 6,2022: For permit:to demolish an existing dwelling and construct a new single-family dwelling with a habitable third story at: Location of property: 2025 Smith Road,Peconic,NY County Tax Map No. 1000- Section 98 Block 4 Lot 19.2 Is returned herewith and disapproved on the following grounds: The proposed dwelling,on this nonconforming 27,215 sq.ft. Iot 23,278 sq.ft. buildable land)in the R-40 District,is not permitted pursuant to Article XXIII Section 280-124, which states lots measuring 20,000-39:999 square feet in total size require a front yazd setback of 40-feet, a rear yard setback.of 50 feet and maximum lot coverage of 20%. a � The site plan shows the front yard setback 6.8 feet,the rear yard setback at 1 feet and lot coverage of 23%`l) In addition,the proposed third stoEy is not permitted pursuant to Article XII Section 280- 18 which allows the maximum Rermitted stories at 2 %2. . Authorized 'gna Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.S.A. PLOT FLAN AEoz�laneNnAsm a+seRVE1; FT�ARED HI.NAn1A1T T.CORMNL4/A79.R✓EYOR LAST DAn�5�7BSiER?7 1023. I F GA17 NA6FOL�J6N pStW'1AnOA( I fI�ARIDBY�D/LAADRO AADRETt6 HKPffil/Id5 1� y/ DATM FEBRTARY02 2024. - V v I DFFW75 D jr_ES T AND N„TF.E AFRRTEWJY.fS TO BE aeaOvfD ^ EXSnM5 U/6 ELECTRIC �\ 0/F 1 •C,/1 LAE rO HE RB40VED PROPOSED UA ONT5 IMPROVED/POHLIC N ATBR 54NlrARY SYSIEN I FROP10MOSA20,PATER l \73 O y5 40'28'44" E A,°i,r4. REaa REAR \CO�' YARD �{pa YARD� ..62D' 1p_fq NEE EMVW Z mnn/ 40' 7QSYOTYS FAM2Y p 1 _ ag5 (� aoaZVp BEFOF FFY 21DHLAU ftYJTFR/NT2,605FJ ¢y_ _125clC` 40.9'va FRaECRICLLAEARa P.c voacM ` - N39.28'12W / ; . 2TD PSLbR !ST FLOOR dl I FRO,YT YARD `FROlLT-LHTAT TrE n I .• Z8 00„ FRONT YARD FRONT YARD ! SETBACK ALO'f5DAYSIDEL/MTOF w.Pm asTm c� esPxz/ _�� 9' lY SETBACK 5-�HRLK gp5 KJ'x 3'011LYAOR PIER LBE• D 1 �\ m✓ _ _ ya` I S40POR OVBi DECK Ex/5T1N55�TlC DRYYHI SMITH ROAD `'r '' '•: Ex15TW,WIER LINE FROF05fv TBr 1 GN6RADt;P/FED TO /f' .l• tee TO BE RBYYED HATER LAE T:VOLE TO HE R640VSJ (PRIVATE ROAD) PERSPECTIVE VIEW �s• nvma°v. V —� I SCALE_I'-p.-0• �58-7"F5NG,ff 17,67AI G xAJ-E=Nrs. VICINITY MAP COVERAGE OVER TOWN BUILDABLE LAND SITE AND ZONING DATA LOT AREA LAsIDWATm 6 BEACH LIMT AREA x LOT COYc'RAG-E I ZONMG RWIR£HcNTS R-40 IXISTMG CONSTR.L�'TIGN FRc�=J CCNSTpIGTION TO. BWLDABLE LAND 22,73q Sa FT. LOT AREA MAX 40000 S.F. EK BUILDABLE AREA,2273q S.F.. NO 6wiSE PROPOSED HOUSE FOOTPRINT 2,655 Sa TT. IIBI% PRIMARY FRONT YARD SETBACK '40D Fr. 121 FT. 15D FT. FRIOPOSED FRONT PORCH W/PARTIAL COVERED STEPS 63025 Sa Fr. 2.TT% MCL SIDE YARD SETBACC •BD Fr. 105.1 FT. 505 FT. n CG'101NED SIDE YARD SETBACK •55D F i. 767]FT. 2638 FT. / F'1 OPOS-cD COVERED REAR F':XOa W/PARTIAL COVERM STEPS 10150.R. 3D8% REAR YARD SETBACK •SOD FT. I5.1 f7. IID FT. une J FR2PO�ED COVERED WALK AREA Bb5 Sa P�: .16% L�, vPce M "JM'HEIGHT 55D FT. •%22'-0• 33'-I' I I —LOT 5b8 SF.(b.'%) LOT COVEPA6E:4D5Zl5 5P.(rTB2%) SEDDING�DETAIL TOTAL AREA 4D52.75 50,P.. 1782% MOT;IXISTIW L07 15 NON-COIFOF;"P .SETEfAOCS AS PER ISO-I24• COVERAGE OVER N.Y.S.D.E.C.ADJACENT AREA AREA CALCULATIONS 4 BETWEEN P'RAN 4IG4 WATER AND 300'SETBACC AREA %LOT COVERAGE NEW F'R5T FLOOR S.F. 2(85 5F. FINAL MAP . ADJACENT AREA 24 FT. NEW SECOND FLOOR Sr. 29BI Sr. N.TSDPD. - mw®lureucs PX W. NEW SEOCND FLOOR VERANDA 1035P. REVIEWED BY ZBA °^ FRJPOSED HOUSE FOOTFR NT 2865 Sa FT. 1120% NEW FRONT COVERED POW-4 b53 SP. DECISIO # `I q I f"" FROf V M FRONT PORO4 W/ST_F5OVERE _ 6g410 Sa.FT. 2B9% NEW REM fOJEfED PDR'3i 'TO] or1DP I 2 01 5F. 7 °ems LU��'°N�0•a PROPOSED CD REAR F'ORCN W/SEFS TI5J1 SaFT. 323% NEw OUTDOOR SHOIJER 50 SP. 1 A"ppRUIG°ErAa% FROPOSED OUTDOOR S40 R 30 so,FT. 13% SIIH.IEGT SITE FRCFVSED COVERED WALK AREA 365 50.FT. JS% FR ALE ®/1 6F-�a fTAI TOTAL ARE4 4220.71 50.FT. 17b% l %L"-14/I/Ei/ ll�S FT/7 )N 1� J 5CAlF=NTS. � U Q MAC' REV190N3/3JM590N5 DRAWNG TILE / ED All DATE DE5081Vd IFES 291024 �� }n� °ba avn°ro' PRO PQ/fD PLOT PLAN "ONINGBOARDOFAFPaLS _..t4.7 t •sv vivnvcvvcn.r s x Der CAD RF KNIE _ _ _ 2555_A-1 NEMSCHICK SILVERMAN ARCHITECTS P.C. .VT 71.2 Dnte NSA FRo ECT.: mr n�,vv°I ARCNGEcrvAE- JTOLTZ Rf_/IDG/1CG 05/152021 21_2555 LTZ1 =- G 1 - 20���RD. PCCO/11C•IVY 11958 SCALE: DRAWING NO: (D —T—:m 66 EAST MAIN STREET Af"°Tr° CIBTIdCT: SECTIOk BLOOC LOT: DRAWN BY. PP-100 PATCHOGUE, NEW PORK 11772 Phone:631 563 2130 Fax:631 563 2139 www.nsarchhecLs.com .coraaT ma Nanmu avmw.PvonFm P. 1000 098.00 04.00 019.002 /ir1 BOARD MEMBERS ��0 SO�Typ Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road 0 P.O. Box 1179 Southold, NY 11971-0959 CA Patricia Acampora Office Location: Eric Dantes � �. �O Town Annex/First Floor, Robert Lehnert,Jr. 0ei, 54375 Main Road(at Youngs Avenue) Nicholas Planamento MUM,N Southold,NY 11971 http:Hsoutholdtownny.gov �RECEIVED ZONING BOARD OF APPEALS d- 1�( �'�Z 1Q•N�l• TOWN OF SOUTHOLD Tel. (631) 765-1809 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 3,2024 ZBA FILE: #7944 NAME OF APPLICANT: Thomas Bradford PROPERTY LOCATION: 3755 Bay Shore Road, Greenport,NY 11944 SCTM: 1000-53-6-17 SE-0 RA DETERMINATION: The Zoning Board of Appeals has visited the property tinder 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 ADNIINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated June 28, 2024 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 September 12,2024. 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 INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. 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. The proposed 22.4 percent lot coverage on the parcel is contrary to fostering a pattern of development in the Town of Southold that enhances community character, setting a precedent in a neighborhood. Structures exposed to waterbodies are risk and,therefore, should be minimized in size and scale. As a result of the proposed site's redevelopment and `technical' demolition, not including any addition to the waterside of the dwelling, or creating any additional ground disturbance while maintaining the full structure in the Federal Emergency Management Agency (FEMA) designated Zone X, along with the installation of a proposed Innovative/Alternative Onsite Wastewater Treatment System, the Board finds the proposed action CONSISTENT with the LWRP. Page 2,October 3,2024 #7944, Bradford SCTM No. 1000-53-6-17 PROPERTY FACTS/DESCRIPTION: The subject, rectangular-shaped, non-conforming, 7,401.00 square feet (6,977 square feet buildable), .2 acre parcel in the R40 Zoning District measures 50.00 feet along Bay Shore Road, then runs east 147.97 feet along a residentially developed lot to the north,then runs south 50.00 feet along the Shelter Island Sound(part of the Peconic Bay),and returns west 148.08 feet along a residentially developed lot to the south. The subject lot is developed with a 1.5-story wood frame residence with an attached waterside wood deck, concrete and brick paths leading to access stoops,a concrete driveway/parking pad,and a timber bulkhead running the width of the lot at the shoreline, as shown on the survey prepared by Jason D. Leadingham, Licensed Land Surveyor and last updated March 19, 2024. BASIS OF APPLICATION: Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section 280-207; Article XXXVI,Section 280-208;and the Building Inspector's May 23,2024,Notice of Disapproval based on an application for a permit to demolish an existing single-family dwelling and construct a new two-story single family dwelling; 1) located less than the code required minimum front yard setback 35 feet; 2) located less than the code required minimum side yard setback of 10 feet;3)more than the code permitted maximum lot coverage of 20%; 4)gross floor area exceeding permitted maximum square footage for lot containing up to 10,000 square feet in area; 5)the construction exceeds the permitted sky plane as defined in Article I, Section 280-4 of the Town Code; located at: 3755 Bay Shore Road, Greenport,NY. SCTM No. 1000-53-6-17. RELIEF REOUESTED: The applicant requests five (5) variances for the demolition of a single family dwelling to build a new two-story dwelling measuring 24 feet by 63.4 feet with an overall height of 32.5 feet with an attached garage and waterside deck, including: 1. Gross Floor Area (GFA) of 2,243 square feet, where the code limits the GFA to a maximum of 2,100 square feet for lots containing up to a maximum of 10,000 square feet in buildable area(the subject lot buildable area is 6,977 square feet). The applicant seeks 143 square feet in habitable area over the permitted GFA. 2. The proposed construction must be within the Sky Plane. As designed,the site's redevelopment includes penetration of the Sky Plane. 3. Lot coverage for the R40 Zoning District limits all improvements to a maximum of 20% lot coverage; as proposed, the site's redevelopment includes excessive lot coverage totaling 22.4% of the buildable area. 4. Front yard setback for the R40 Zoning District requires a minimum of 35 feet;as proposed the front yard setback will be 25 feet. 5. Single side yard setback for the R40 Zoning District requires a minimum of 10 feet; as proposed the single side yard setback is 7.5 feet. AMENDED APPLICATION: During the public hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on September 10,2024 submitted a plan, labeled ZBA-01 through ZBA-04 prepared by Anthony Portillo,Architect,and dated September 9,2024,increasing the single side yard setback tol0.6 feet(from 7.5 feet), and thereby removing the need for a single side yard setback variance request. In so doing, the applicant also removed the need for a second variance, relative to the penetration of the Sky Plane; in moving the house slightly, the proposed Sky Plane became conforming. Lastly, the applicant removed the rear, waterside deck and proposed an on-grade patio,thereby removing the need for a lot coverage variance, as the proposed lot coverage of 19.2% which falls within the allowable 20% permitted coverage. The request for two variances remain: 1. Front yard setback of 25 feet where the Code requires a minimum of 35 feet. 2. Gross Floor Area of 2,243 square feet where the Code limits the GFA to a maximum of 2,100 square feet for lots containing a maximum of 10,000 square feet of buildable area. The applicant after researching the average GFA has determined that the allowable GFA exceeds the average GFA in the area. Page 3, October 3,2024 97944, Bradford SCTM No. 1000-53-6-l 7 ADDITIONAL INFORMATION: The applicant provided architectural plans labeled ZBA-01 through ZBA-06 prepared by Anthony M. Portillo, Registered Architect and dated May 28,2024. These plans include: proposed site plan, various tables of zoning data and regulations, existing floor plans and demolition notes, existing elevations, proposed floor plans and elevations, and GFA and Sky Plan documentation. The applicant proposes as part of the project to update the dwellings sanitary system with an Innovative/Alternative Onsite Wastewater Treatment System to be located between the residence and the public roadway. The applicant provided examples of prior relief granted by the Zoning Board of Appeals for homes within the Bay Shore Community, including files: #4994 dated October 12, 2001 96631 dated March 28,2013 #7691 dated August 23, 2022 The applicant provided documentation of the average dwelling GFA for the immediate community to be 1,921.5 square feet, citing 13 properties. This information was updated by the applicant, received September 10, 2024, following ZBA Guidelines for calculating GFA Averaging, illustrating an average GFA of 2,000 square feet for the 21 properties within the guidelines area. The existing improvements on the site are covered by Certificate of Occupancy#Z-3973 dated September 23, 1970. One letter of support was received relative to this application. No other member of the public or an immediate neighbor spoke in favor of or against this application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 5, 2024 (closed during the Zoning Board of Appeals Special Meeting on September 19,2024 after receipt of an AMENDED application) at which time written and oral evidence was 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 variances for a demolition and construction of a new dwelling including a reduced front yard setback of 25 feet, where a minimum of 35 feet is required, and relief for an excessive GFA with an `overage' of 143 square feet(based on averaging 2,000 square feet where 2,100 square feet is allowed by Code and 2,243 square feet as proposed),will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The addition of a full second story, a front entry porch, an attached one-story garage, and an at-grade waterside patio (not requiring Board relief of any sort) are characteristic of the design of other homes on Bay Shore Road. Non-conforming front yard setbacks are typical in this neighborhood which is characterized by small, less then code conforming, narrow lots. Relative to excessive GFA, the increase of 143 square feet over the allowed 2,100 square feet will not be discernable to those passing by on the roadway or from the Shelter Island Sound. 2. Town Law V67-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing residence has non-conforming setbacks, including a single side yard setback of 4,9 feet where the code requires a minimum of 10 feet and a combined side yard setback of 18.4 feet where the code requires a minimum of 25 feet. By redeveloping the site, the applicant proposes to make the new dwelling more code-conforming, including complying with side yard setbacks as required. However, because the applicant proposes to add an attached garage, common to other homes in the immediate area, the existing front yard setback of 59.8 feet, where a minimum of 35 feet is required by code, is reduced to 25 feet. In order to add a garage, whether attached or as an accessory structure, some form of relief will be required for this site. Reduced front yard setbacks for accessory structures are common in the general area. Additionally,the increase Page 4,October 3,2024 97944, Bradford SCTM No. 1000-53-6-17 of the GFA by 143 square feet is minimal and while the applicant could comply by reducing the overall square footage of the dwelling,the amount of relief requested is minimal and not discernable. 3. Town Law $267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 28.6% relief from the code relative to a reduced front yard setback of 25 feet where a minimum of 35 feet is required and 6.8% relief from the code relative to excessive GFA of 143 square feet where the maximum GFA allowed for this lot is 2,100 square feet of habitable living space. However, the applicant has redesigned the project to remove multiple variances, has illustrated by GFA averaging that the excessive habitable space is not detrimental to the community and that the addition of an attached garage is common to other residences in the immediate community, as supported by examples of prior relief granted along Bay Shore Road. 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 receive approval from the Town of Southold Board of Trustees. 5. Town Law&267-b(3)(b)(5). The difficulty has self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law $267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new two-story dwelling measuring 24 feet by 63.4 feet with an overall height of 32.5 feet with an attached garage and waterside patio with a front yard setback of 25 feet and a GFA of 2,243 square feet while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Planamento,seconded by Member Weisman(Chairperson), and duly carried,to GRANT the variances, AS AMENDED and as applied for, and shown on the architectural plans, labeled ZBA-01 through ZBA-04 prepared by Anthony Portillo, Architect, and dated September 9,2024. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall receive Town of Southold Board of Trustees approval for the site's redevelopment as shown on the amended application. 2. The applicant shall install a Suffolk County Board of Health-approved Innovative / Alternative Onsite Wastewater Treatment System. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page 5,October 3,2024 #7944,Bradford SCTM No. 1000-53-6-17 IMPORTANT LIMITS ON THE APPROVALS) GRANTED HEREIN Please Read Carefullv Any deviation from the survey,site plan and/or architectural drawings cited in this decision, or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public. hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings,siteplan and/or survey cited above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformides 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 otherfeatures 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 fled with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1) year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN.Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy,nullify the approved variance relief,and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman (Chairperson),Dantes, Planamento,and Acampora. (4-0)(Member Lehnert Absent) l'/, '/ " i� Leslie Kanes Weisman, Chairperson Approved for filing /Q/ /2024 S 17°06'40" E 50.0' __` LOT COVERAGE - PROP_OSED- -- - - - 1 ONING REGULATIONS.P_ROP05ED DWELL N _ - SOUTHOLD TOWN CODE F 280 - 124) SOUTHOLD TOWN CODE (-280- 124') N 2 ci DESCRIPTION(FOOTPRINT) AREA % LOT J r EXIST. WOOD COVERAGE 3 PROPOSED COMPLIES `t I BULKHEAD I `-r TOTAL LOT AREA 1,40I.0 S.F. F o z W MIN. FRONT YARD 55.0' 25.0' NO 4 TOTAL LOT AREA LANDWARD OF 6,411.0 S.F. o¢ BULKHEAD MIN.SIDE YARD 10.0' 10.6' YES W W z =10' PROPOSED DWELLING W/ I GAR LL GARAGE 1 266.0 S.F. 18.ISK MIN.COMBINED 25.0' 26.0' YES o PROPOSED FRONT COVERED SIDE YARDS `-o X w 14.3 S.F. I.I% z � oQz��i PORCH MIN.REAR YARD 55,0' 59.1' YES o r Z o= " LIMITS OF CLEARING, j¢zw� wo 55' REAR " a 2 w GRADING AND TOTAL AREA OF ALL STRUCTURES 1340.3 S.F. 192% m a "a F = MAXIMUM HEIGHT 35.0' 32.4' YES N W W Q o�o s SETBAGYARDK - - - - - GROUND MAXIMUM LOT COVERAGE ALLOWED: 20% N s a z¢z Z.3 T- I DISTURBANCE ¢ oar"d ►- O 6 :ZONING REGULATIONS EXISTING DWELLING w w N a N¢ m LINE OF EXISTING -- _ - "a 10. HOUSE 4 DECK TO LOT COVERAGE-_EXISTING EXIST. COMPLIED ZQz=o SOUTHOLD TOWN CODE-(280 124) - BE DEMOLISHED _ _-- - -- sr. coMPL o z =a -I I SOUTHOLD.rTOM GODF-(-280--124)- , w 3 Z Z _ ...__ % LOT LLwj�o DESCRIPTION(FOOTPRINT) AREA COVERAGE MIN. FRONT YARD 35.0' 59.5' YES w =zw w �w�ao If-'I TOTAL LOT AREA 1,401.0 S.F. MIN.51DE YARD 10.0' 4.9' NO o g a o o TOTAL LOT AREA LANDWARD OF MIN.COMBINED 25.0' 18.4' NO e w w a o. BULKHEAD 6,9TT.0 S.F. SIDE YARDS ¢ m F w�a o _ SOUTHOLD g o opas PROP PATIO < TRUSTEES PIER LINE EXISTING DWELLING 1,055.0 S.F. 15.1% MIN. REAR YARD 55.0' 38.4' YES 5" FROM I � _ -� GRADE EXISTING REAR WOOD DECK 405.0 S.F. 5.8 MAXIMUM HEIGHT 55.0' 19.4' YES I FEMA ZONE VE (EL 15) TOTAL AREA OF ALL STRUCTURES 1461.0 S.F. 20.9% FEMA ZONE X ---- � I I I MAXIMUM LOT COVERAGE ALLOWED: 20% SITE LAYOUT NOTES: I , I. THIS 15 AN ARCHITECT'S SITE PLAN S 15 +� SUBJECT TO VERIFICATION BY A LICENSED 1 - PROP. PROJECT NC-DATA;''_-=-- -y SURVEYOR. THE INFORMATION Cn)` SHALLOW I I t -' REPRESENTED ON THIS SITE PLAN 15 TO THE W DRYWELLS I TAX MAP# ARCHITECT'S BEST OF KNOWLEDGE. +J PROP. 2' SHOWER 2.SURVEY INFORMATION WAS OBTAINED ZONING DISTRICT R-40 NON-CONFORMING FROM A SURVEY DATED JANUARY 11,2024 PROP. PROP 2 STORY DRYWELL AND PREPARED BY: U PROPANE I ND. FRAME I LOT AREA 0.2 ACRES DWELLING W/ PROP. OUT SGALIGE LAND SURVEYING Q p ATTACHED I gl{WR GofO - ONE FAMILY DWELLING �Z3913;5EPT.23, 1910 GAR GARA I SOUTH BAY AVENUE GE ISLIP,N.Y. 11151 Q V I P: (631) 951-2400yo r1 Q � J VARIANCE APPROVAL APPROVAL PENDING L1- FEMA FLOOD ZONE X/ZONE VE (EL 13) lu PROP. N N eP,�Rq�OP. COVERED m I I ;-TEXS OI T.FCCMOVED PER SYSTEM WETLANDS DISTRICT PERMIT PENDING PORCH ? SGDH5 STANDARDS EXIST. DEC DISTRICT NJ LETTER PROVIDED CONVENTIONAL 15.4' ---- SEPTIC SYSTEM TO SUFFOLK COUNTY HD APPROVAL R-24-0623 3 BEDROOM I I i BE REMOVED FLOOR_AREAS PER__50UTHOLD-TOWN GODS;*SECTION 280-�01(AXl): EXISTING EXISTING Q PROPOSED •EXISTING HOUSE TO BE HABITABLE GROSS IA � j I OVERHEAD_ DEMOLISHED* SPACE AREA � L) t � 'I 1 i f ELECTRICAL WIRES V w / 55' FRONT i FIRST FLOOR AREA 1,020 S.F. 1,020 S.F. Q Z rt j YARD i LL W 0 z PROP. II I SETBACK i SECOND FLOOR AREA 319 S.F. 319 5.17. N H SEPTIC / Qm w lJQ O SYSTEM; AREA TOTALS , S.F. , S.F. Z VARIANCE III I HAT P D REQUIRED t- 106' HABITABLE GROSS ti �w FOR SGHD O I� I j i SPACE AREA SETBACK I O FIRST FLOOR AREA &40 S.F. 1,231 S.F. fL 0 STANDARDS m 1 II I / I I d cr z II I O O SECOND FLOOR AREA 929 S.F. 1,006 5.F. d I I p t 0 II I L j o AREA TOTALS 1,169 S.F. 2,245 S.F. TA o o I � 2,100 S.F.MAXIMUM GFA ALLOWABLE; v �J I BU W RIED , cq ATER LINE / GRAVEL ¢ Q a m % DRIVEWAY ; 555.64' PROPOSED 51 TE PLAN w w m RHEAD EI..EG.WIRES N 1�'20" Inf 50.0 SCALE: 1" = 15'-0" a N REMOVED 6 RESET Glenn Goldsmith,President �Q� soUTy Town Hall Annex 54375 Route 25 A.Nicholas Krupski,Vice President ,`O� OlO P.O.Box 1179 Eric Sepenoski Southold,New York 11971 Liz Gillooly Telephone(631) 765-1892 Elizabeth Peeples ► ® Fax(631)765-6641 CoUrl,�� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD March 21, 2022 Anthony Portillo AMP Architecture LLC 1075 Franklinville Road Laurel, NY 11948 RE: 9460 MAIN BAYVIEW, LLC 9450 MAIN BAYVIEW ROAD, SOUTHOLD SCTM#: 1000-87-5-22 Dear Mr. Portillo: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, March 16, 2022 regarding the above matter: WHEREAS, AMP Architecture on behalf of 9450 MAIN BAYVIEW, LLC applied to the Southold Town Trustees for a permit under the provisions of Chapter.275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated July 23, 2021, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council who was unable to make a recommendation as property was not staked at the time of their inspection; and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the proposed application be found Inconsistent with the Local Waterfront Revitalization Program policy standards in that: 1. Verify how the lot was created. 2. Groundwater is high EL 4.5' below grade and the basement should be reconsidered. 3. Seasonal and storm surge flooding is expected. 4. Setbacks to wetlands should be maximized to the greatest extent practicable. 5. Establish and maximize vegetated buffers landward of wetlands; and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on February 16, 2022 and March 16, 2022, at which time all interested persons-were given an opportunity to be heard, and, - WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the Board has determined that the structure(s), as applied for does not comply with the standards set forth in Southold Town Code Chapter 275-12 A. Adversely affect the wetlands of the Town, Chapter 275-12D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation or the natural habitat thereof, and Chapter 275-12J. Adversely affect the aesthetic value of the wetland and adjacent areas, and WHEREAS, the Board has determined that the request, as applied for, will have a detrimental effect upon the health, safety and general welfare of the people of the town, and, BE IT FURTHER RESOLVED that the Board of Trustees DENIES WITHOUT PREJUDICE the application of 9450 MAIN BAYVIEW, LLC to construct a proposed New 2 Story Dwelling with Full Basement: Proposed 2 Story Dwelling: 16'X59' (945 SF); Proposed Wood Cantilevered Deck: 6'X22.3' (135 SF); Proposed Front Entry Stoop: 3'X14.7' (45 SF) ; Proposed Basement window well & Concrete entry stair; New IA OWTS: Buried at front/side of property; New Gravel Driveway: 560 SF; New Buried Drywells: (1) 6'x4' deep Drywell & (1) 6'x5' deep Drywell- located at front and side of property; New Buried Propane Tank: (1) 1,000 gallon tank buried at front of property; New Buried Utility Connections: At front of property; and as depicted on the site plan prepared by AMP Architecture, LLC received on March 7, 2022. This is not a determination from any other agency. Very truly yours, tk vlolz" Glenn Goldsmith, President Board of Trustees GG/dd Glenn Goldsmith,President ®f Sol(/ Town Hall Annex 54375 Route 25 A.Nicholas Krupski,Vice President ��� ® P.O. Box 1179 Eric Sepenoski8 Southold,New York 11971 Liz Gillooly Telephone(631) 765-1892 Elizabeth Peeples ® y0 Fax(631) 765-6641 CoUNV,� ' BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 18, 2022 Anthony Portillo AMP Architecture LLC 10200 Main Road, Unit 3A Mattituck, NY 11952 RE: 9450 MAIN BAYVIEW, LLC 9450 MAIN BAYVIEW ROAD, SOUTHOLD SCTM#: 1000-87-5-22 Dear Mr. Portillo: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, July 13, 2022 regarding the above matter: WHEREAS, AMP Architecture on behalf of 9460 MAIN BAYVIEW, LLC applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated May 3, 2022, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council who was unable to make a recommendation as property was not staked at the time of their inspection; and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the proposed application be found Inconsistent with the Local Waterfront Revitalization Program policy standards 6.2 A. and 6.3 D. E; and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on July 13, 2022, at which time all interested persons were given an opportunity to be heard, and, l WHEREAS, .the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the Board has determined that the structure(s), as applied for does not comply with the standards set forth in Southold Town Code Chapter 275-12 A. Adversely affect the wetlands of the Town; and Chapter 275-12D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation or the natural habitat thereof, and WHEREAS, the Board has determined that the request, as applied for, will have a detrimental effect upon the health, safety and general welfare of the people of the town, and, BE IT FURTHER RESOLVED that the Board of Trustees DENIES WITHOUT PREJUDICE the application of 9450 MAIN BAYVIEW, LLC to construct a proposed 16'x59' (945sq.ft.) two-story dwelling on a proposed 10"x10" concrete piers upon helical piles (24 total) foundation with Azek Break-Away walls; a proposed a 6'x22.3' (135sq.ft.) wood cantilevered deck; and a proposed 3'x14.7' (45sq.ft.) cantilevered front entry deck; install a new I/A OWTS sanitary system buried at,front/side of property; install a 560sq.ft. gravel driveway; install (1) 6'x4' deep drywell and (1) 6'x5' deep drywell located at front and side of property; install (1) 1,000 gallon propane tank at front of property; and install buried utility connections at front of property; and as depicted on the site plan prepared by AMP Architecture, LLC received on May 3, 2022. This is not a determination from any other agency. Very truly yours, lek Glenn Goldsmith, President Board of Trustees GG/dd A- 0 SURVEY OF PROPERTY RECEIVED SITUATED AT JUN 0 9 2021 SOUTHOLD TOWN OF SOUTHOLD Zoning Board of Appeals SUFFOLK COUNTY, NEW YORK a S.C. TAX No. 1000-87-05-22 �Ho SCALE 1"=30' NOVEMBER 30, 2605 AREA = 53,599.37 sq. ft. 1.230 cc. Fir Ak 1.ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS-AD EXISTING�UR LINES ARE SHOWN 7HUS:--- ~\ \\\ s00?4�� ram¢ - 7OP OFF WALL 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP Na 3BI03CO166 O \\ZONE AM FLOOD ELEVATIONS DEIERIONED ` J� \ \\ \ \\'y► ZONE X': AREAS OF 500-YFM FLOOD;ARM OF IGO-YEAR HOOD WRH AVERAGE DEPTH SQUARRFE MMGE,•AND TKANARE S P aROTECTEED R WITHDRAINBYY LEVEES FROM 1�00-Y��ilt FLOOD. ZONE X. AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLAODPWN. 6� \ \ \\ \\ \\ \ �4iS \\�•. 3. 11-1S-90 COASTAL BARRIER \•- FLOOD INSURANCE NOT AVAILABLE FOR NEW CONSTRUCTION S-_�• \ \\ \\ \ \\ \ \ I tlR,1 \. @4 OR SUBSTANTIALLY IMPROVED STRUCTURES ON OR AFTER NOVEMBER 16, 1990 IN DESIGNATED COASTAL BARRIERS. 4- 4.THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD �40 OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS AL AI AL , \\;\\ \\\ \\\\\ \\\\ \\\ ` I AA`,,. \ \ \ 1 \ 1 y w 1 \ AL m 1 y 1 AILL A.7 \ /442 I 1 1 Ar "�4 i \� `� � ,—\\ •— _� ``�� \moo ',Y1sy�d� TEST HOLE DATA \ \\\ AL `L4, (RST Hare BBD 8YAIrJWB10.GER2s1f ON acMW 27 zoos) ALL v lip AIL AL Nr 40 2.4 . • � � � 1 . 1 � �� •�� e90treva 1 1 1 / o0ow t 1001AS7AL� 'Rt / /lt 1/ �lVL aw Ak AIL AIL ryb �rnumawamtrat99tr / `,. 7? • 1 1 � •/ iJlsa;�/ ,� fro 1OO — _ 17.19" n• / / 0 as O 01 ry e0 ls0 �� sa „h eq + � \ WIR AS!UMMM T Err Ll EEVA LAND N ��\ IAFr NYS.Lim No.50M LeW FNO KiQtANH aWAaanlaN 7G,Hrs 611M1EY I0A W9l v OF Nathan Taft Corwin III WOW �aF 1F@ N:W 1qM 5T�1E Land Surveyor MUM THE PE mW1 96% Suom=r To:SimUeY J.Isolmen,Jr.L.S. s PIlFPKHRA 1H0 or HB Bt7rIF fa 7NE Joseph A tn0egn0 I.S. 7111E 001FArt/CChAl01EN9e.AOD,CY Atal m ixe01 aP m �,6�mi- nM'Stump—31+&Z*rn- Sle Ports- Cons&x6on Lrod 0¢awnHrjmm Lu KN 7RUMERFaE PHONE(631)727-2090 Fax(631)727-1727 THE 170STOME OF RICHIS OF WAY OFFICES LOPAITD AT 94UM ADDRM N� N�ORD.I fro. Jane 1566 Main Road P.O.Bar 1IIIWd.Net Yvk 11947 J=eg0t%Now York 11947 —413 t ZBA CHECK FEES - 2024 Funding Account - B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 12/9/2024 Melillo, Robert&Carolyn 7991 $750.00 107 12/16/2024 12/10/2024 FI Community Center 7986 $1,500.00 5780 12/16/2024 12/10/2024 FI Community Center 7986 $750.00 2341 12/16/2024 12/11/2024 9450 Main Bayview LLC �91 $750.00 4306 12/16/2024 12/12/2024 Gross, Rainer 7993 $1,500.00 101 12/16/2024 12/16/2024 Bogavich,Mary 7994 $750.00 9106910926 12/16/2024 $6,000.00 RECEIVED DEC 16 Southold Town Clerk 'Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/16/24 Receipt#: 336499 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7991 $750.00 1 ZBA Application Fees 7986 $1,500.00 1 ZBA Application Fees 7986. $750.00 1 ZBA Application Fees 7992 $750.00 1 ZBA Application Fees 7993 $1,500.00 1 ZBA Application Fees 7994 $750.00 Total Paid: $6,000.00 Notes: Payment Type Amount Paid By CK#9106910926 $750.00 Capital, One (mattituck) CK#5780 $1,500.00 Fishers Island Community Center CK#107 $750.00 Leonardo Manno CK#101 $1,500.00 North Fork Permit Expediting LTD CK#2341 $750.00 Sam Fitzgerald Architect PC I Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 i Name: Capital, One (mattituck) 11700 Route 25 Mattituck, NY 11952 Clerk ID: JENNIFER Internal ID:7994 LAW OFFICES WICKHAM BRESSLER,P.C. 13015 MAIN ROAD, P.O.BOX 1424 MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM.(06-02) ABIGAIL A.WICKHAM 631-298-8353 TELEFAX NO.631-298-8565 awickbam@wbgla=ers.com July 9,2025 Attn:Zoning Board of Appeals Town of Southold 53095 Main Road Post Office Box 1179 YQNINGp0ARD OFAPPEALS Southold,New York 11971 Re: Daniel Marra/9450 Main Bayview,LLC#7992 Ladies and Gentlemen: We are writing on behalf of Camille Passaro and Charles V. Salice, owners of the adjoining residence property at 9326 Main Bayview, Southold,NY, in opposition to this application. We have submitted under separate cover a report by Dr. Ronald W. Abrams, CEP,which controverts the applicant's position an the suitability for building on this property: We also askthat-the record from the prior hearing,#7530,be incorporated into this record. The variances provided;by the applicant's June 2025 submission do not in any way support this.application,.for the reasons outlined below: #4771 Mary Kirsch; 9720 Main Bayview Road, Southold,NY 11971, 10.00-87-5 24, located immediately adjacent(East)to the Marra Parcel: Front yard setback on Main Bayview,per survey,is 130 feet. Variance granted for 30 foot setback for second front yard(50 required) from secondary unpaved private 20 foot right of way used by two properties,house is barely visible from Main Bayview and not visible from the easterly neighboring lot. Only the owner,Kirsh,and one other property use the right of way. Variance was granted in 1999. Fact pattern is entirely different from Marra application. #7944 Thomas Bradford 3755 Bay Shore Road, Greenport,NY 11944 1000-53-6-17 October 2024 6.3 Miles away, no relation to Main Bayview and very different neighborhood: very old bayfront beach colony developed on a series of small lots with beach homes decades ago. Renovation of existing home (demo): not new construction on vacant lot No additional ground disturbance Request reduction of front yard setback from 35 to 25 feet for attached accessory garage Small GFA overage which ZBA termed to be minimal No opposition Reasons for Approval,none of which are present in the Marra application: 1'. -Front yard setback approved because proposed renovation was "characteristic of the design.of other homes on the street" 2. Redevelopment makes property more code-compliant. Reduced front yard setbacks for accessory structures are common in the general area. GFA overage is minimal. 3: Excessive GFA not detrimental, attached garage is common. 4. No evidence presented as to adverse impact #7699 Sheila Stoltz 2025 Smith Road,Peconic,NY 11958 1000-98-4-19.2 February 2024 4.4 miles away, another small, old(1912)development with beachy homes,this one being at the road's end on the Bay, over'f2 acre buildable, on a private road. Reduced front yard setback from 40 feet to 12.1 feet.Approved at 15 feet. Reduced rear.yard from required 50 feet to 11 feet. Approved due to."backwards" orientation of neighborhood waterfront houses,traditional front and back of homes reversed. 100 foot non-disturbance buffer required. Renovation of existing home.(denio):1:5 story home, deck,fiill width bulkhead,not new construction on vacant lot. Current house,like others in neighborhood,is alrpady non- conforming. The existing roofed over porch was set back only 14.3 feet from the private road, so front yard set back was increased under the variance.. The"rear"yard is small due to the configuration of the lot,.which has a very large width and small depth, and from the survey it appears that the rear yard of the existing house was only 15 or 16 feet. #7427 Est Thomas Eiring,4077 Main Bayview, Southold,NY 1000-78-2-18.4 December 2020 1.1 miles west of Marra parcel, and an interior lot off Main Bayview located on a private 15' private road with intervening improved lot fronting on Main Bayview Reduced front yard setback of 35 feet from required 50 feet Reasons for Board Action include: 1. Proposed residence on an unimproved,dirt/RCA right of way,not clearly visible from paved roadway (Main Bayview), approximately 200 feet from Main Bayview. 2. No evidence submitted that variance would have adverse impact on physical or environmental conditions in the neighborhood. } These reasons are not applicable to the Marra parcel. Substantial evidence of adverse physical and environmental impact has been submitted on'the Marra application,including in particular the Abrams report. In summary,none of the variances presented in any way support the Marra application, due to distant location,different neighborhood characteristics, different front yard setback_. characteristics, ground disturbance;water table,percolation, and other significant physical and environmental conditions. The Marra property is predominantly wetlands,both fresh and salt,.and has a very high water table. To suggest that replacing an existing and extensive vibrant wetlands system, clearly connected to wetlands on properties on the south and west of the Marra parcel,will improve the ecological and environmental conditions, is counter- intuitive. Further,,as Dr. Abrams indicates,more recent elevations of water levels and environmental difficulties render older variance reasoning much less relevant to today's applications or reliable as a precedent. Whatever relief was previously granted on other properties does not address the fact that the applicant's property has since encountered worsening conditions in terms of soil saturation and water quality impacts based on the passage of time. Mr.Marra,an experienced real estate developer,took a large risk on getting approvals for this lot,knowing the extent of the wetlands and that significant variances would be required.. We submit that they are far more significant than should be permitted, as the danger is to not only this lot and neighborhood,but to other parcel owners who will rely on the precedent, and should not be condoned. Caveat emptor. We respectfully request that this variance be denied. Very ly yours, Abi A. Wickham CC: Camille Passaro AAW/hs Fuentes, Kim From: Abigail Wickham <awickham@wbglawyers.com> Sent: Wednesday,July 9, 2025 5:27 PM To: Fuentes, Kim Cc: Sakarellos, Elizabeth Subject: RE: Marra appeal 7992 - submission Attachments: LtrZBA7-9-2025 Marra#7992.pdf Attached is my letter in opposition. I will try to deliver 8 copies to your office by 8 a.m. in the morning, and an additional copy for the applicant's representative. Gail Wickham Wickham Bressler,P.C. 13015 Main Road P.O.Box 1424 Mattituck,New York 11952 631298-8353 631298-8565(Fax) awickham@wbelawyers.com This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed.This communication may contain material protected by the attorney-client privilege.If you are not the intended recipient or the person responsible for delivering the e- mail to the intended recipient,be advised that you have received this e-mail in error and that any use,dissemination,forwarding,printing,or copying of this e-mail is strictly prohibited.If you have received this e-mail in error,please immediately notify the sender at 631-298-8353. From:Abigail Wickham Sent:Wednesday,July 9, 2025 3:48 PM To: kimf@southoldtownny.gov Cc: Elizabeth Sakarellos(elizabeth.sakarellos@town.southold.ny.us)<elizabeth.sakarellos@town.southold.ny.us> Subject: Marra appeal 7992-submission Good afternoon. Attached is the report of Dr. Ronald W.Abrams, CEP, in response to the applicant's submissions. Please include it in the record. We will also be submitting a response shortly. Please circulate to the Board and interested parties. Gail Wickham Wickham Bressler, P.C. 13015 Main Road P.O. Box 1424 Mattituck, New York 11952 631 298-8353 631 298-8565 (Fax) awickham@wbglawyers.com This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed.This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use,dissemination,forwarding, printing,or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender at 631-298-8353. 1 i Dr.Ron Abrams, ©2022, Dru Associates, Inc. J(_ItiJI RE: 9450 Main Bayview Road, Southold,NY Report on Variance Application Jan 24 2022 ,.JUN ;.5 2025 1. More than 3/4 of the lot is wetland,and the remaining area sits in buffer areas with a very high water table...this lot is not buildable and should be bought by either the State or Town -as conservation open space. In the Variance Application it is acknowledged that the entire lot is encumbered by wetlands, and this results in an unreasonable development plan.The plan allows for ZERO required setbacks because it is unbuildable. Perhaps when the lots in this area were first subdivided, there were more non-wetland areas, but sea level rise has influence this area significantly. 2. The 2021 Survey shows that the freshwater wetland has shrunk since 2005.While I recognize that every field expert sees a wetland slightly different, at this site, in my professional judgement, this is not possible because this site's groundwater is connected to tidal action, and since 2005 sea level has risen on Long Island as much as 12 inches or more (NYS DEC Part 492). The interconnected nature of this area's wetlands is evident from the survey itself,which shows nearby depressions that qualify as flagged wetlands, and there is very little elevation difference between tidal and freshwater wetlands. Since the tide range in Corey Creek is generally 2.5 ft,the inland push of tidal water head will surely.influence the groundwater. In the proposed IA OWTS cross-section shown on the plan V001.00 dated 12/10/2021 by AMP Architecture the 'highest expected groundwater elevation' ,is stated as 4.5% which is that which was measured by McDonald's Geoscience test hole. But this test hole represents one moment in time and due to the site's proximity to tidal influence, this is an incomplete representation of fact:The clearances from groundwater shown on the AMP Architecture plans leave no room for error and there is a.strong likelihood that tidal influence, and sea level rise will create a situation that floods the septic system and basement, episodically in the beginning but substantially over the next decade. The proposal includes a basement...the area is too saturated for in-ground development of any type, including a basement, and drywells anywhere within 100 feet of the flagged wetlands. Moreover, any subsurface installations will fail, if not in the short term,then by 2030when sea level rise would have influenced the site even more. 4. Dry. wells will not work for stormwater drainage and, in my opinion, after development is complete, at-some point, sooner than later, it will become necessary to pump the water away, with the choices being towards Corey Creek wetlands (not approvable by NYS DEC) or to Main Bayview Road which violates the Town's MSG Stormwater management. Moreover,the Coastal Assessment asks for consideration of changes to the stormwater regime and this application fails to-address the changes since,2005.and going forward due to sea level rise.Actual data and guidance on planning for sea level rise is available and seems to be-dismissed by this application. 4. The 2,300 Sf of fill proposed will act as a large sponge and while it may raise the grade, it will only make the saturation impacts worse. It is not feasible to rid the subsoils of the water that accumulates from both precipitation and.groundwater flows, bearing in mind that a substantial portion of the water comes from beneath the topsoils and cannot be intercepted by dry wells,or French drains. 5.Item D on Questionnaire reads No, but the wetland depression is closer than 5 ft elevation to water as shown on the survey. The project requires fill over an area that slopes from 9' to 5' elevation just uphill of the wetland. These conditions require special analysis which is not answered accurately in this part of the Variance Questionnaire, so the Board's record is incomplete and their analysis flawed without this issue properly addressed. 6. The EAF has several serious misrepresentations: #3 It is blank r #4"Other" should be checked as marshland. #7 The area is a Significant Fish and Wildlife Area by NYS DOS(attached). #13a Should read Yes, DEC wetlands. #15.Should read Yes,see attached. #16. It is surprising to see this answer as No when the site appears to be in 100 yr floodplain. #17. See my comment above...drainage will be a major problem. If the Town has accepted this EAF as a basis for further decision making then the process is in error because these items, especially numbers 7, 13 and-17 are critical to determining the extent of potential impact from such a building plan. Finally, in the Coastal Assessment form the answer to Policy 6 is patently false...Corey Creek is a Significant Fish and Wildlife habitat and is deemed very sensitive. Failure to acknowledge and address this follows from errors in the EAF and limits the record on this case in an unacceptable manner. 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D = G.G'S � t t.'r/ / r./fire l�)74 4 .Clt f=/e vi /iawj9 YPjer' /er:•� of W 4 ar�d Ei':fr✓ey�r's Mary Kirsch July 9,.2025 9720 Main Bayview Road Southold, New York 11971 marykirsch1955@gmail.com ` RECENW Southold Town JUL 0 9 2025 Zoning Board of Appeals 54375 NY 11971 ZONING BOARD OF APPEALS Re: Marra/9450 Main Bayview Road LLC Residence 9450 Main Bayview Road Southold, NY 11971 Dear Board Members, I am the resident, Mary Kirsch, living adjacent to the Marra building proposal. I would like'to address some of the issues that he has requested. 1. Regarding variances that were granted over 20 years ago (my variance)is irrelevant to his request today. Every property is unique and what was pertinent in the past is very different today,especially ascetically and environmentally. A 30 foot setback from Main Bayview Road would make a terrible precedent for the landscape of Bayview Road. The integrity, character and curb appeal would be forever changed, no longer being harmonious, symmetrical,and pleasing to the eye. My home has a 132.5 foot setback Main Bayview with a very large tree-buffer that was never touched. The architect gives examples of homes with smaller front yards,that are not on Main Bayview and have no relationship to this neighborhood. 2. Environmentally the Marra proposal has a large freshwater pond in the middle of the property. They call it a dry waterhole. That so called hole is teeming with aquatic life. There are tree frogs,bullfrogs,salamanders,turtles,and snakes, in addition to foxes, - raccoons, hawks,owls,songbirds,and turkeys, to name just a few. The Southold Conservation Advisory Council, North Fork Environmental Council, Local Waterfront Revitalization Program, NY State Wildlife Environment Council,the Southold Trustees,and Dr. Ron Abrams,an expert in residential building and its impact on the environment,all stated in letters and reports that the pond area is extremely sensitive. This project would be devastating to every species that lives there and the impact would be detrimental to ' anything in or around the pond. Revegetating the pond is ridiculous. Everything there would have perished,especially after clearcutting the lot and bringing in heavy equipment to build his house. 3. Mr. Marra and his architect are very aware of rules,codes,and regulations of Southold Town. They are involved with building projects all over the North Fork. Mr. Marra took a gamble,a risk and will not take no for an answer. This has been going on for 3 years with everyone being very helpful and patient. Mr. Marra can not meet the criteria of the Zoning Board and the Southold Trustees. He is requesting to be forgiven around 51 feet,a significant amount of footage that will ruin the landscape of Main.Bayview Road and environmentally devastate every living thing around that pond. I respectfully ask that this project be denied and be deemed an unbuildable lot. It's time for everyone to move forward .Thank you. Sincerely, Mary Kirsch c v Southold Town Zoning Board July 91h, 2025 54375 Main Rd. PO Box 1179 Thomas Passanant Southold,NY 11971 9720 Main Bayview Rd. Southold, NY 11971 ATTN:Zoning Board Members Leslie Kanes Weisman :Chairperson/Robert Lehnert Jr./Margaret Steinbugler/Patricia Acampora/ Nicholas Planamento qJqDL RECEIVED RE: Marra LLC Property 9450 Main Bayview Rd. JUL 0 9 2025 Southold NY 11971 ZONING BOARD OF APPEALS Dear Board Members, I would like to respectfully request of the Zoning Board members to please deny the appeal of the above mentioned property owner to reduce the 50 foot front setback to 30 feet,and to not vary or modify the Letter of the Law regarding this property. I would also like to respectfully counter the two recently submitted series of documents by the property owners representatives which I believe serve to obscure the fact that this property has legally placed protections and limitations to not justify building a residential structure. The first notice citing four separate variance appeals approved in the past including 9720 Main Bayview Rd. Having attended and participated in the Zoning Board meetings concerning this appeal on June 5th, 2025 and the summer of 2023, 1 distinctly recall hearing that variances of past cases can present differences in circumstances,conditions,and ever changing variables in planning and environmental priorities,that these cases can not be utilized on an equivalent basis.As the AMP architect appears to be requesting. I have also attended and participated in two hearings on this appeal before the Town Trustees in 2022. 1 distinctly recall hearing of the importance by Trustee members in•maintaining the integrity of the 100 foot rear setback limit extending from the freshwater pond on the property. With each appeal granted to attempt the revision of the building site home plan,the result was the same.The restrictions to allow such a structure were overwhelmingly agreed upon to deny this appeal. So too did the Local Waterfront Revitalization Projects'multiple findings advising that the Trustees deny this appeal. In regards to the revegetation proposal,to suggest a pattern of clearcutting all trees in a designated area,the scraping clear to the topsoil of all existing vegetation, invasive or otherwise 'and planting what may likely include a predictable pattern of sod, irrigation systems,monoculture— manicured type landscaping would actually benefit and improve as a wildlife habitat, I find offensive. The abundance of songbirds,mammals,raptors,amphibians,and reptiles,as well as so many mature hardwood trees that have thrived on this property,despite the unceasing pressures they face, I n take as a miracle of resiliency. I believe the scale of disturbance upon this habitat-property would surely cause irreparable damage. Despite the claims of CES Consultants. I believe the Marra/AMP pairing exhibits a significant and successful presence of projects in Southold Town, as surely as they are entitled to,and surely they will continue to prosper. May they do so without this property. In conclusion, I ask that in the Spirit of the Law,to consider this property as no ordinary"lot", but a property worthy of continued protection. It truly does appear as a viable habitat. How wonderful if it could be added to the many properties that have been preserved throughout our town in parcels small and large,and to retain and sustain a small piece of the quality that helps define our town . Please deny this appeal and I hope bring a conclusion to this process.And may justice truly prevail. Sincerely, Th as Passanant � j� Fuentes, Kim From: Ashley Itenberg <ashley.itenberg@gmail.com> *_>0%4;% B�D�S Sent: Tuesday,July 8, 2025 3:37 PM I To: Fuentes, Kim; Sakarellos, Elizabeth �F4 Cc: Isaac Itenberg 1$ Subject: Re: Opposition to Development at 9450 Main Bayview Road Dear Members of the Southold Town Board, As a resident across from 9450 Main Bayview Road, I'm writing once more to strongly urge the Board to deny this proposal. Approving a structure with only a 30 ft front yard—when the required setback is 50 ft—would set a troubling precedent for future development along our shared road.The lot is primarily wetlands, home to a wide variety of wetland-dependent wildlife, and should be protected under existing environmental guidelines.Allowing development here would permanently alter the character and ecological balance of the area—not to mention the risk of a sinking foundation in the not-so-distant future. Thank you for your continued attention. I hope this matter can be put to rest in alignment with the long- term values of our town. All the best, Ashley Itenberg On Wed, May 28, 2025 at 1:15 PM Ashley Itenberg<ashley.itenbergC@gmail.com>wrote: Dear Members of the Southold Town Board, I am writing as a resident living directly across from the proposed development at 9450 Main Bayview Road. I respectfully urge the Board to deny any further applications for this project. The property in question is adjacent to sensitive wetlands and lies within a FEMA-designated floodplain. Development in this area poses significant environmental risks, including potential harm to the local ecosystem and increased vulnerability to flooding—a concern that is only magnified by the ongoing challenges of climate change. Furthermore,the architect's references to older properties in support of this development are outdated and do not align with current town regulations or environmental priorities. Southold's commitment to preserving its natural resources and ensuring sustainable development should take precedence. While I will not be able to attend the June 5th hearing in person, please consider this letter as my formal opposition. I urge the Board to consider the long-term implications and prioritize the well-being and vitality of our community and environment. Thank you for your attention to this matter. i Sincerely, Ashley& Isaac Itenberg Residents 9325 Main Bayview Road` Southold, NY11971 Ashley Itenberg 512-731-3933 ashley.itenberg(&gmail.com Ashley Itenberg 512-731-3933 ashley.itenberg(,agmail.com 2 i Fuentes, Kim From: Fuentes, Kim Sent: Monday,June 16, 2025 1:59 PM To: 'Anthony Portillo'; Brooke Epperson; Darcee Oppici Cc: Sakarellos, Elizabeth;Westermann, Donna Subject: ZBA#7992 Daniel Marra/9450 Main Bayview Hi Anthony; As a reminder, the ZBA adjourned the Public Hearing for the above subject matter to the June 18, 2025 Special Meeting, solely for written comments from the applicant or the applicant's representative; and further adjourned to July 10, 2025, solely for written comments from the public. Let us know if you have any questions. Kim E. Fuentes Board Assistant Zoning Board of Appeals Coordinator, Historic Preservation Commission Town of Southold 631-765-1809 kimfa southoldtowuny.gov Location: 54375 Main Road Mail:P.O. Box 1179 Southold, AT 11971 FAFORTANT: All surveys/site plans and architectural/engineered plans submitted to this office shall be dated, signed and sealed. We will only accept revised surveys/site plans and engineered/architectural plans that indicate a revision date, and are signed and sealed by the design professional. 1 s 425 Montauk Highway East Quogue, NY 11942 Environmental Consulting (631)369-9445 Wetland Project Management June 16,2025 JUN ] 7 ?025 Town of Southold Zoning Board of Appeals 0?41V(;t304R[)0FAPR 54375 Route 25 �`�� PO Box 1179 Southold,NY 11971 Re: Invasive Species Removal and Native Revegetation 9450 Main Bayview Road Southold, NY 11971 SCTM No.:1000-087.00-05.00-022.000 Cole Environmental Services(CES)conducted a site visit on June 15,2024,and observed a variety of invasive plant species throughout the subject parcel. Some of the species observed include garlic mustard (Alliaria petiolata), mugwort(Artemisia vulgaris), Oriental bittersweet(Celastrus orbiculatus) Norway maple(Acer platanoides), black locust(Robinia pseudoacacia),Japanese honeysuckle(Lonicera japonica), multi-flora rose(Rosa multifloro)tree of heaven (Ailonthus altissima),Japanese barberry (eerberis thunbergii),and phragmites (Phragmites australis). Invasive species are non-native species that have not evolved with our local ecosystem. Without natural predators or controls,their populations go unchecked,outcompeting native species for light,water, nutrients,and habitats. Invasive plant species actively harm the environmental health of the Town of Southold by displacing native vegetation. They disrupt essential ecosystem services that support the health of the Town such as support for wildlife and pollinators, preserving biodiversity, protecting water quality,and supporting overall resiliency. Invasive plant species, like oriental bittersweet and multi-flora rose,often leaf out earlier than native species. This early leaf-out period gives invasive plants a competitive advantage by shading out native plant species and taking vital resources before native plants can fully emerge. Early leaf-out negatively affects native pollinators who have evolved to emerge in sync with native plant species. A lack of food sources for these native insects causes declines in population,which in turn negatively affects avian populations. Native bird populations rely on insects, particularly caterpillars,as a vital protein source to feed and nurture their young. Unlike invasive vegetation, native vegetation and native insects have symbiotic relationships,which include mutualistic interactions benefiting both species. For example,native plants provide nectar, pollen,and larval host sites for insects,and in turn the insects assist in pollination and nutrient cycling. Invasive plants fail to support native pollinators and may provide habitat or food sources for invasive insect species,amplifying ecological harm. www.ColeEnvironmentalServices.com } 425 Montauk Highway East Quogue, NY 11942 Environmental Consulting (631)369-9445 Wetland Project Management Many invasive plant species,such as multiflora rose,oriental bittersweet and Japanese barberry, produce abundant berries that birds consume. These berries are nutritionally inferior to those of native plant species as they contain lower levels of essential fats and nutrients. Birds may consume the invasive berries out of necessity before long-distance flights or to raise their young, but doing so can lead to malnutrition, reduced reproductive success,and decreased survival rates. Unlike native plants who co- evolved with local bird species to provide seasonally appropriate and energy-dense food sources, invasive plants offer a deceptive abundance that fails to meet the dietary needs of native avian wildlife. Landscapes dominated by invasive vegetation,like the subject property,appear productive but serve as "ecological traps",offering insufficient food options for bird populations. Compounding the issue,birds and other wildlife can contribute to the involuntary prolific spread of invasive plants by dispersing their seeds across the landscape. In addition to threatening native wildlife,invasive plants pose a public health risk by supporting elevated populations of ticks that can transmit diseases to humans. Invasive shrubs, like Japanese barberry and Japanese honeysuckle,form dense,shaded thickets that create the perfect environment for ticks,and their primary hosts—deer and mice,the latter of which is the primary vector for Lyme disease. The removal of these invasive shrubs can assist in reducing tick abundance, lowering the prevalence of Lyme disease,and in turn protecting human health in the Town of Southold. Invasive garlic mustard, Norway maples,and locusts are allelopathic,which means they release chemical compounds into the soil that inhibit the germination and growth of surrounding native plants. The alteration of soil chemistry reinforces the dominance of invasive plants and suppresses the growth and regeneration of native plants. Invasive plant species can negatively impact water quality in the Town of Southold by altering soil structure, increasing erosion and contributing to nutrient runoff. Many invasives,like Japanese barberry and multiflora rose,form dense monocultures with shallow,fibrous root systems. The shallow root systems are less effective at stabilizing soil compared to native vegetation and increase the risk of sediments and pollutants being carried into neighboring water bodies during rain events. Landscapes dominated by invasive plants lack the natural filtration capacities of native plant species,which are critical in capturing and breaking down excess nutrients like nitrogen and phosphorus before they enter surface and groundwater systems. The replacement of invasive vegetation with native species would significantly improve the site's ability to protect and enhance local water quality. Similarly, native plant communities play a vital role in managing stormwater by increasing filtration and decreasing surface runoff. Deep-rooted native vegetation creates channels within the soil,allowing water to infiltrate the ground rather than pooling or flowing off-site. In contrast,the shallow root systems of invasive vegetation fail to hold soil together and do not support infiltration,increasing the risk of erosion and runoff during storm events. The restoration of native vegetation would allow the parcel to better capture and hold rainfall,thus slowing surface runoff and minimizing erosion. www.ColeEnvironmentalServices.com 425 Montauk Highway East Quogue, NY 11942 Environmental Consulting (631)369-9445 Wetland Project Management The Town of Southold is particularly vulnerable to flooding due to its vast coastlines. Native vegetation can provide a natural buffer that reduces the frequency and intensity of local flooding. The deep root systems stabilize soil,enhance water quality,and manage stormwater,ultimately preventing flooding. The dominance of invasive vegetation leads to greater surface runoff and a higher likelihood of flash flooding. Buffering coastlines and coastal adjacent areas with native vegetation improves absorption of heavy rains and storm surges—providing long-term resilience against the growing risks associated with extreme weather events and sea level rise. Replacing the invasive vegetation with native plants would result in an ecological improvement of the subject property. The removal of invasive plants would stop their continued spread throughout the property and surrounding parcels and eliminate the negative effects they have on native biodiversity,soil health,and food webs. Introducing native vegetation would restore habitat for pollinators, birds,and other wildlife. Native plants are well-adapted to the local soil,climate and hydrological conditions of the Town of Southold,and require less irrigation,fertilizer and maintenance. In short, removing invasive species and planting native vegetation would contribute to ecological resilience and biodiversity of the subject parcel and, more widely,the Town of Southold. www.ColeEnvironmentalServices.com NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Environmental Permits,Region 1 SUNY @ Stony Brook,50 Circle Road,Stony Brook,NY 11790 P:(631)444-03651 F:(631)444-0360 www.dec.ny.gov J1 N 7 , A ri126 2022�G'�041RD�p��� p 9450 Main Bayview LLC 8 Ransom Avenue Sea Cliff, NY 11579 Re: Application# 1-4738-04818/00001 9450 Main Bayview LLC Property— 9450 Main Bayview Road SCTM# 1000-87-5-22 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, Kim Lamiroult Environmental Analyst cc: AMP Architecture BMHP File EwYORK I Departmentof oa"voeii,rmr Environmental Conservatlon NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04818 PERMIT Under the Environmental Conservation Law ECL Permittee and Facility Information Permit Issued To: Facility: . 9450 MAIN BAYVIEW LLC 9450 MAIN BAYVIEW LLC 8 RANSOM AVE 9450 MAIN BAYVIEW RD1100047-5-22 .SEA CLIFF,NY 11579 SOUTHOLD,NY 11971 Facility Application Contact: AMP ARCHITECTURE PLLC 1075 FRANKLINVILLE RD LAUREL,NY 11048 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 717.238 NYTM-N: 4546.222 Latitude: 41°02'17.7" Longitude: 72024156.1" Authorized Activity: Construct a single family dwelling,patios,pervious driveway and an.Innovative and Alternative Onsite Wastewater Treatment System(I/A OWTS). .All work shall be done in accordance with'the attached plans prepared by AMP Architecture,last revised 12/06/2021,in conjunction with the survey prepared.by Scalice Land Surveying,dated 11/18/2021.,both stamped NYSDEC approved on 4/26/2022.KLL(SAP 1-07-013& 1-17-001) NOTE: Based on the information submitted,this parcel is more than 100 feet from DEC regulated freshwater wetlands. Therefore.no permit is required for this parcel pursuant to the Freshwater Wetlands Act(Article 24)and it&,implementing regulations(6NYCRR Part 663). Permit Authorizations Tidal Wetlands-Under Article 25 Permit ID 1-4738-04818/00001 New Permit Effective Date: 4/26/2022 Expiration Date: 4/25/2027 Page 1 of.6 \ \ U �� �� HRESIDENCELu>i .. . PROPOSED IA j Q��`�, OWV WASTEWATER FRE:iIWATER/J TREATMENT SYSTEM V�TLA•�� '/' (5 BEDROOM) \ \�\- �� J ARRA NEW � W gl \ Y g FOEGT ATA:O oOB , a 0¢o LD6B of FRESHWATER O a m 'O ,/ TEST HOLE DATA 9Y } �` / , TAX MAP• 1000-H7-0s-22 O BONIDARY A5 OELIEN4TED BY 2 EN-CONWLTANTS,INC.ON `_`\ \ 9 MGDONALD 6E05GiENLE F I OGTOBER BI,2005 \ 1////- ZONING DISTRICT t AG NON-GONFORMIN6 Q J LIMITS OF LLEARIN6, PROPOSBO'BUREJ LOT AREA 12 ACRES -.I Jco 6RADINS AID % .'lV` -`�'• \\`� PATTIO ATYERS vROPA�.TANI4 I s=a]• a j a 0 'F 1 DARK 6GONN 9�TY Z_ (D 1 DIST / \ 6�/• >/d'�•'•-\ v/ �\\ `�4S-0 VARIANCE APPROVAL T PENDING ..�{~ FEMA FLOOD ZONE X Z}n ` �- M_ GROIN BILT a Z NYSDEC n> �P�©"I"f. ,�-'rf,,,1-�• rEnANvsafsTRICT i PEI-IDIN6 - 95' = PALED+LtWPRE LLw� \ EL=49' 6P TO M•DNM SAID APPAOVEDASPEATEAA;S / I 1�� ryy�? OEGDISTRCT FEPIDIN6 6�� �y - a ---- AND ONDRIONSOF - G DP TOS,SEEPA6E ,� PEAhiIT 0- z g 04878�C�bp I \ s o-TAILs — ( LK COUNTY N7 APPROVAL PENDING s BEOROOF T�I o -4'FGR DATE a ' ../,'.•,..•. NqE `�' - I t4_...- / � :�" Y._..>�" �"._.._:� � -Y'R.: .:fd:.} r .. WATIX RI VALE a ,`•..`Y. ,G-T, rl. ,{ HABITABLE SPACE PROPOSED E—m FIM:TO / - j g•`I i7% f FIRST FLOOR AREA 1,115 S.F. m ' FRESXWA� TER'. _ yLRLgNDS FROP.STONE SECOND FLOOR AREA 650 5F. ) W l \ -- D'PATIO 1_ - PAVER5 - / TOTAL BEDROOM COUNT 9- -- REV.I -�• PROP.&RAVEL _ a DRIVEWAY AND, .. ' ..�•.•.-. .4i PARXIN6 I < _ / EDGE OF FRES,W TEi. B..14D' %LOT.'. .BOUNDARYAS BROK-ATm. . . . - ar I DESCRIPTION(FOOTPRINT) AREA COVERAGE "/.".'.'. _ BY SMAYM M.BROWTL Ms..',',',', } ON.N. . .2. . . �� iT / Gh - TOTAL LOT AREA59599,4 S.F. �vT 1` 30�"yyyy0 / FRE5HY. . . . . s r rypV \ / PROPOSED RESIDENCE I,IISA SF. ..-. ." •.'. Y✓=TLAP�S, / RE Y .I FROPOSEa GOVH;FD PORCHES 2250 SF. I 0.4% f� EL DS' ' {' TOTAL AREA OF ALL STRUCTURES I540A S.F. 25% LIMITS OF C.LEARINS, ' / \`.'•'•—� II / 64ZADINS AND {, MAXIMUM LOT C.OVERA.6'c ALLOHED-20% ' w _ I / 1 / D15nhZBAXCE 1 REGAJIaREDSEiE KSyMe4 �:BUILDIDIS} s ,1.,,' 6ROJ!.D Ii/.113t O j, R5w'Rw M�°�D I LDMPL'r�. BURIED PROPANE TANK SECTION ,ads --q m FRONT YARD SOD' 30D' i NO SCALE.I/4'c I'-0• GOO 19& N I SIDE YARD 20A' 30D' YES.-- REV.I w Pi 1 / 1� BOTH SIDE YARDS I 40A' 91.1'.. 1 YES REAR YARD 60D_�-gSHD' i YES ift / \``, ' (FROMYWETLAtm-J 95D' 525' to m'3oa ' / _\\ / `t,(� GRADE TO REMAIN LEVEL FOR B'-0'IN ALL f a I , / pK �yp,�i' j BROOM DI�GTONS FROM UA OWiS.1�9 MAX.SLOPE �p D w I 1 / / �� / �lA ng p q DY�LLINs ALLOWEb OUTSIDE of This PERIMEii�C f w Ow o u I 2 O \ !I_ AV6.GRADE �/A'OWR O� �6•YAX { � ~ i -I-H— / INV.EL 6 ABSORPTION 1��D q,q� II69' TRiI✓r1'81]�' yjy � NO I 1 DE BA91Tff-NT � ATL.BY INFILTRATOR D EDGE OF F TER DARY A5 DSO��. BY sA M VRM Ms. \`L [PII I 1II O RN 1L12: ` PROJECT. ON XLY Ob,2021 EL II.O' INV E. 1 _ _t__ _ . =_1 r REV.I F IDLEANOEBL -- „ n= NEW RESIR ENCE " . 24 NITROGEN R^LGTON 5-9 EfitOM6)>W4T6id-43 J' 9450 MAIN BAYVIEW ROAD pp i FROP05ED IA.OWT5 GR055 5EGTION/ �/ 1• ------- -_ ----------- SOUTFIOLD,N.Y.11971 1 SCALEv I/4'=I'-0' v DRAWING TITLE_____ _ o / �� f / `� I - .w•• q® ®®�® ®�.` PROJECT LOCATION&SCOPE! SITE PLAN&ZONING DATA L t I < � --=-r=�-* r-'t.2,���- � •_ � ® PAGE: ' M 4 ogrE:12/10/21 1 OF 1 SITE LAYOUT ARCMI I F%". Y `\ 1.THIS Is AN AVERIFICAM 13 PLAN 4 IS 9UB,ECT TO VERIFICATION B N A LILQISED 'V SURVEYOR TIE TH 5 SAnON •.:� ARCHITECTS ON THIS SITE PLAN .TO THE ARCHITECTS BEST OF KNOV LEDGE. 2.SURVEY INFORMATION WA5 OBTAINED O 9c / FROM A SURV EY DATED NOVEMBER IH, 2021 AND PREPARED BY. �r'•N�� `\ / f� 'SGALILE LAID 5LRVEYIN6 N 4` JASON D.LEADIN6HA 1 i,ry� TELEPHONE.(651)957-2400 b PROPOSED SITE PLAN sv LOCATION MAP 50UTHOLD TOWN TAX MAP SCALE I•=2010' SGALEe NTIS SCALE NTS r C z ZONING BOARD OF APPEALS Town of Southold MEMORANDUM To: Glenn Goldsmith, President,Board of Town Trustees From: Leslie Weisman, Chairperson,Zoning Board of Appeals Kim Fuentes,Board Assistant Date: January 27,2025 RE: ZBA#7992 Daniel Marra-9450 Main Bayview,LLC, Southold SCTM No. 1000-87-5-22 Attached please find is a copy of a ZBA application which results from a Notice of Disapproval that identified variance relief required to construct a single family dwelling located less than 50 feet from the front property line. The attached plan shows the proposed front yard setback at 30 feet. On August 17,2023,the Zoning Board denied variance relief for a proposed 20 feet front yard setback. (See attached) Pursuant to your March 21,2022 and July 18, 2022 resolutions,the Board of Trustees denied Wetland Permits to the applicant. I have also attached those documents. The applicant, again, is requesting that the Zoning Board of Appeals grant relief for nonconforming front yard setback. The proposed construction of a dwelling is located on property containing fresh water wetlands. A survey dated November 18, 2021,prepared by Jason Leadingham,L.S., depicts vacant land covered by dense natural vegetation and a large expanse of freshwater wetland. As indicated on a survey prepared by Nathan Taft Corwin III,-L.S., dated November 30,2005,the Coastal Barrier edge of wetlands were delineated by En-Consultants,Inc. and the NYSDEC on March 17, 1999, and the edge of wetlands further landward were delineated by En-Consultants, Inc. on October 31,2005. Because of the proposed location of the aforementioned dwelling, We are requesting that the Board of Trustees proceed with reviewing an application for a Wetlands Permit prior to reconvening a public hearing before our Board. A letter will be sent to the applicant's representative informing him of our procedure. Thank you for your assistance in this matter. Encls.: Notice of Disapproval dated November 22,2024 Copy of ZBA Application received December 11,2024 Survey prepared by Nathan Taft Corwin,III,L.S., last revised November 30,2005 Survey prepared by Jason Leadingham,L.S.,dated November 18,2021 Site Plan and Architectural Plans prepared by Anthony Portillo,dated July 19,2024 ZBA Determination of August 17,2023 Board of Trustees Resolutions of March 21,2022 and July 18,2022. OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��®F S®U��® P.O. Box 1179 54375 State Road Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1809 ® a� http://southoldtownny.gov ZONING BOARD OF APPEALS Town of Southold January 27, 2025 Anthony Portillo AMP Architecture P.O. Box 152 Mattituck,NY 11952 RE: Daniel Marra-9450 Main Bayview, LLC, Southold Zoning Board of Appeals Application SCTM No. 1000-87-5-22 Dear Mr. Portillo; It is the custom and practice of the Southold Town Zoning Board of Appeals and the Southold Town Board of Trustees that when both agencies have concurrent jurisdiction over an application, and part of that application involves proposed or existing construction within an area that such construction may result in negative environmental impacts, the Trustees are asked to review the action before us. According to the survey and site plan that you provided, and the Notice of Disapproval,the proposed_construction will be located within a parcel containing delineated fresh water wetlands. Based upon the aforementioned documents, we have requested that the Board of Trustees review the submitted application and determine whether they wish to receive and review an application,for a Wetlands Permit prior to the ZBA scheduling a public hearing. A memorandum has been forwarded to the Board of Trustees affirming this request. Please do not hesitate to contact this office with any questions or concerns. Sincerel , Kim E. Fuentes Board Assistant cc: Glenn Goldsmith, Town Trustee � 9 TOWN OF SOUTHOLD t' Liyi ! G� 11i ZONING BOARD OF APPEALS Appeal No. SOUTHOLD,NEW YORK L AFFIDAVIT OF In the Matter of the Application of: MAILINGS Daniel Marra/ 9450 Main Bayview LLC (Name of Applicant/Owner) 9450 Main Bayview Rd, Southold SCTM No. 1000- 87-5-22 (Address of Property) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK 1, ( ) Owner, Q( ) Agent Tara Bates residing at AMP Architecture 10200 Main Rd Suite 3A, Mattituck New York, being duly sworn, deposes and says that: On the 14 day of May , 2025, I personally mailed at the United States Post Office in Mattituck ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the (x) Assessors, or( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this DARCEE AUFENANGER day of �Q�{ ,2025 NOTARY PUBLIC,STATE OF NEW YORK Registration No.01 A00019644 Qualified in Suffolk County a(Nublic) Commission Expires January 9,2028 PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. ■ 1 ■ , stal Service"' ■ , p - ■ - , ■ ■ r- Domestic Mail Only 171- Domestic Mail Only, CO co rU • delivery. a n• . 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A..Signature ■ Print your-name and address on the reverse so that we can return the card to you. X /J ❑Agent ■ Attach this card to the back of the mailpiece, ❑Addressee or on the front if space permits. B Received by(Printed Name C. Date of Delivery I. Article Addressed to: - l W VAI/ S O �U,�I D. Is delivery address different from item 17 ❑Yes �✓ If YES,enter delivery address below: ❑No s 30g5 V-DU K a� PO ISCA I i9-0 5W1'V Vd3. (IIIIIIII IIII III I(IIIIIIII II I ❑Adult � ❑Registered MaILExp ess®rr iI I Ii I IIIIIIII III ❑Adult Signature Restricted Deliveryg tered MailTM 9590 9402 8419 3156 3841 21 ❑Certified Mail Restricted Delivery Registered Mail Restricted begat ❑Collect on Delivery Signature ConfirmationTM 2. 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It was held for the required number of days and is being returned to the sender. Get More Out of USPS Tracking: -n m CD USPS Tracking Plus® v n Alert Unclaimed/Being Returned to Sender SOUTHOLD, NY 11971 June 3, 2025, 11:15 am Reminder to Schedule Redelivery of your item May 21, 2025 Notice Left(No Authorized Recipient Available) SOUTHOLD, NY 11971 May 16, 2025, 8:38 am Arrived at USPS Regional Facility MID NY DISTRIBUTION CENTER May 14, 2025, 7:05 pm Departed Post Office MATTITUCK, NY 11952 May 14, 2025, 4:59 pm iUSPS in possession of item MATTITUCK, NY 11952 https://tools.usps.com/go/TrackConfirmAction?tRef=fulipage&tLc=2&text28777=&tLabels=70222410000202252878%2C 1/2 6/3/25, 12:56 PM USPS.com®-USPS Tracking®Results-- May 14, 2025, 2:11 pm • �- c� qfl Hide Tracking History What Do USPS Tracking Statuses Mean? (https://faq.usps.com/s/article/Where-is-my-package) Text & Email Updates u USPS Tracking Plus® u Product Information u See Less Track Another Package Enter tracking or barcode numbers Need More Help? Contact USPS Tracking support for further assistance. FAQs https://tools.usps.com/go/TrackConfirmAction?tRef=fulipage&tLc=2&text28777=&tLabels=70222410000202252878%2C 2/2 6/3/25, 12:57 PM USPS.com®-USPS Tracking®Result: USPS Tracking' FAQs -�l12-- Tracking Number: tin Remove X 70222410000202247263 Copy Add to Informed Delivery (https:Hinformeddelivery.usps.com/) Latest Update Your item was picked up at the post office at 9:07 am on May 27, 2025 in SOUTHOLD, NY 11971. Get More Out of USPS Tracking: USPS Tracking Plus® CD - m Q Delivered Delivered, Individual Picked Up at Post Office SOUTHOLD, NY 11971 May 27, 2025, 9:07 am See All Tracking History What Do USPS Tracking Statuses Mean? (https://faq.usps.com/s/article/Where-is-my-package) Text & Email Updates u USPS Tracking Plus@ u Product Information u See Less Track Another Package Enter tracking or barcode numbers https://tools.usps.com/go/TrackConfirmAction?tRef=fulipage&tLc=2&text28777=&tLabels=70222410000202247263%2C 1/2 ,9 Q TOWN OF SOUTHOLD ' l ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK l `t ` 'Mud oyl AFFIDAVIT OF In the Matter of the Application of: POSTING Daniel Marra/ 9450 Main Bayview LLC SCTM No. 1000- 87-5-22 (Name of Applicants) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I Tara Bates residing at AMP Architecture 10200 Main Rd Suite 3A Mattituck ,New York, being duly sworn, depose and say that: I am the ( ) Owner or(x )Agent for owner of the subject property On the 27 day of May , 2025, I personally placed the Town's Official Poster on subject property located at: 9450 Main Bayview Rd, Southold r indicating the date of hearing and nature of application noted thereon, securely upon subject property, located ten(10) feet or closer from the street or right-of-Way(driveway entrance) facing the street or facing each street or right-of-way entrance,* and that; I hereby confirm that the Poster has remained in place for seven(7) days prior to the date of the subject hearing date, which hearing date was shown to be June 5th, 2025 (Owner/Agent Signature) Sworn to before me this 2 g Day of kA a / ,20 2�J 55passer My NGER F NEW YORK I 0019644 (Notary P i County uary 9,2028 * near the entrance or driveway entrance of property, as the area most visi "elf• ... 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'� a �. hG� �� ���'K�v4�•0 w'Ti..�}�\ 'Z.N;...�� "/�.fr-�! ;*Y���'"�c�'d1i�C�,ss'=� �� x Z"'=�a'�}"Sy'`�'�'�' �a�'(r . •���ri=••iy'« �t�YGri`���•������.iY� LEGAL NOTICE / SOUr__1LD TOWN ZONING BOARD OF APPEALS �_i.JRSDAY,JUNE 5,2025 at 10:00 AM _ PUBLIC HEARINGS NOTICE IS HEREBY GIVEN,pursuant to Section 267 of the Town Law and Town Code Chapter 280(Zoning), Town of Southold,the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall,53095 Main Road,Southold,New York 11971-0959,on THURSDAY,JUNE 5.2025: The public may ALSO have access to view,listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 10.00 A.M. -CHRISTOPHER AND SOFIJA SHASHKIN #7999—(Adj.from April 3,2025)Request for Variances from Article XXIII,Section 280-124;Article XXXVI,Section 280-207;Article XXXVI,Section 280-208 and the Building Inspector's November 15,2024 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling;at 1)less than the code required minimum front yard setback of 35 feet;2)less than the code required minimum side yard setback of 10 feet; 3)less than the code required minimum combined side yard of 25 feet;4)more than the code permitted maximum lot coverage of 20%;5)gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area;6)the construction exceeds the permitted sky plane as defined in Article 1,Section 280-4 of the Town Code;located at: 1105 Captain Kidd Drive,Mattituck,NY. SCTM No. 1000-106-5-12. 10.10 A.M. -GIL AND TRACY BEN-AMI#8012-Request for a Variance from Article XXXVI,Section 280-207 and the Building Inspector's January 6,2025 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a new two story single family dwelling;at;1)gross floor area exceeding permitted maximum square footage for lot containing up to 30,000 square feet in area;located at 1800 Hyatt Road,(Adj.to Long Island Sound)Southold,NY.SCTM No.1000-50-1-4. 10.20 A.M. -JOSEPH S.PIETRANGELO#8013-Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's March 6,2025 Notice of Disapproval based on an application for a permit to legalize an"as-built"deck addition and to construct an accessory in-ground swimming pool;at 1)deck is located less than the code required minimum side yard setback of 10 feet;2)more than the code permitted maximum lot coverage of 20;located at:795 Founders Path,Southold,NY.SCTM No.1000-64-2-40. 10.30 A.M. -HAMILTON RESIDENCES.LLC#8014-Request for a Variance from Article XXXVI,Section 280- 207 and the Building Inspector's February 13,2025 Notice of Disapproval based on an application for a permit to demolish an existing garage and construct a new two-story garage addition to an existing single family dwelling;at 1)gross floor area exceeding permitted maximum square footage for lot containing up to 200,000 square feet in area;located at:270 Pheasant Drive,Fishers Island,NY.SCTM No.1000-5-2-4. 10.40 A.M. -FLOWERS AND FLORES FARM LLC./TINA KOSLOSKY#8016-Request for Variances from Article III,Section 280-14;Article III,Section 280-15;and the Building Inspector's March 4,2025 Notice of Disapproval based on an application for a permit for a lot line change;at;1)proposed parcel No.2 having less than the permitted lot area of 80,000 sq.ft.;2)proposed parcel No.2 having less than the permitted lot depth of 250 linear feet;3)accessory barn#1 less than the code required minimum side yard setback of 20 feet;4)accessory barn#2 located in area other than the code required rear yard;located at:48125 and 48455 County Road 48,Southold,NY.SCTM No.1000-55-2-10.3 and 1000-55-2-11.1. 10:50 A.M.-BEVERLY PAPAPIETRO#8017-Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's April 3,2025 Notice of Disapproval based on an application for a permit to legalize an"as built"deck addition and to construct additions and alterations to an existing single family dwelling; at;1)proposed construction less than the code required minimum side yard of 10 feet;2)"as built"deck' addition less than the code required minimum rear yard setback of 35 feet;3)more than the code permitted maximum lot coverage of 20%; located at:420 Cedar Drive,Southold,NY.SCTM No.1000-78-9-8. 11.00 A.M. -DANIEL MARRA/9450 MAIN BAYVIEW.LLC#iT992- equest for a Variance from Article XXIII, Section 280-124 and the Building Inspector's November 22,2024 Notice of Disapproval based on an application for a permit to construct a new single family dwelling;at;1)located less than the code required minimum front yard setback of 50 feet;located at:9450 Main Bayview Road,Southold,NY.SCTM No.1000- 87-5-22. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Link: hftp://24.38.28.228/W eb Li nk/B rowse.aspx7 id=935072&d bid=O&repo=TownOfSouthol d Please note the last date to submit written comments to this office will be the Friday prior to the public hearing. After that date,no documents will be accepted by this office,but can be submitted to the Board Members during the public hearing. If you have questions, please telephone our office at(631)765-1809, or by email: kimf@southoldtownny.gov. Dated: May 15,2025 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIRPERSON By:Kim E.Fuentes 54375 Main Road(Office Location) P.O.Box 1179,Southold,NY 11971-0959 ^f 67c5a748 l ),southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk County, The undersigned is the authorized designee of 7be Suffolk Times,a Weekly Newspaper published in Suffolk County, New York.I certify that the public notice,a printed copy of which is attached hereto,was printed and published in this newspaper on the following dates: 05/29/2025 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county, and as such,is eligible to publish such notices. Signature Christina Henke Rea Printed Name Subscribed and sworn to before me, T]is 06 day of June 2025 Digitally signed MARY BETH ALESCIO WALLING by Mary Beth ! Notary Public-State of New York Alescio Walling NO.OIWA0003427 Date: 2025.06.06 Qualified in Saratoga County 16:04:13 +00:00 i My Commission Expires Mar 23,2027 Quitkh CWW_+0 AWL 5b/7j 1 Fuentes, Kiln AV From: Ashley Itenberg <ashley.itenberg@gmail.com> R 6� Sent: Wednesday, May 28, 2025 1:16 PM ` To: Fuentes, Kim; Sakarellos, Elizabeth Received Cc: Isaac Itenberg Subject: Opposition to Development at 9450 Main Bayview Road MAY 2 9 2025 Zoning Board of'Appeals Dear Members of the Southold Town Board, I am writing as a resident living directly across from the proposed development at 9450 Main Bayview Road. I respectfully urge the Board to deny any further applications for this project. The property in question is adjacent to sensitive wetlands and lies within a FEMA-designated floodplain. Development in this area poses significant environmental risks, including potential harm to the local ecosystem and increased vulnerability to flooding—a concern that is only magnified by the ongoing challenges of climate change. Furthermore,the architect's references to older properties in support of this development are outdated and do not align with current town regulations or environmental priorities. Southold's commitment to preserving its natural resources and ensuring sustainable development should take precedence. While I will not be able to attend the June 5th hearing in person, please consider this letter as my formal opposition. I urge the Board to consider the long-term implications and prioritize the well-being and vitality of our community and environment. Thank you for your attention to this matter. Sincerely, Ashley& Isaac Itenberg Residents 9325 Main Bayview Road Southold, NY11971 Ashley Itenberg 512-731-3933 ashley.itenbergtagmail.com ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i 0H 9' FFICE LOCATION:"` Q MAILING ADDRESS: Town Hall Annex ` P.O.Box 1179 54375 State Route 25 + f Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY 11971 r • . fO w LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD Received To: Leslie Weisman, Chair Members of the Zoning Board of Appeals MAY 12 2025 From: Mark Terry, Assistant Town Planning Director Zoning Board of Appeals LWRP Coordinator Date May 12, 2025 Re: LWRP Coastal Consistency Review for ZBA File Ref DANIEL MARRA/9450 MAIN BAYVIEW,LLC#—IggZ SCTM No. 1000-87-5-22. DANIEL MARRA/9450 MAIN BAYVIEW, LLC #7992 - Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's November 22, 2024 Notice of Disapproval based on an application for a permit to construct a new single family dwelling; at; 1) located less than the code required minimum front yard setback of 50 feet; located at: 9450 Main Bayview Road, Southold,NY. SCTM No. 1000-87-5-22. The action is recommended as EXEMPT from the LWRP as a Minor Action. F. Granting of individual setback lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Paul DeChance,Town Attorney BOARD MEMBERS ��OF S�Ujyo Southold Town Hall Leslie Kanes Weisman, Chairperson ,`O l0 53095 Main Road•P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert, Jr. cn Office Location: Nicholas Planamento • �OQ Town Annex/First Floor Margaret Steinbugler �lij'COU 54375 Main Road(at Youngs Avenue) ' Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 5, 2025 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following "IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, JUNE 5, 2025: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. There will be a link to the Zoom Webinar meeting at http://southoldtownny.ciov/calendar.aspx. 11:00 A.M. - DANIEL MARRA/9450 MAIN BAYVIEW, LLC #7992 - Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's November 22, 2024 Notice of Disapproval based on an application for a permit to construct a new single-family dwelling; at; 1) located less than the code required minimum front yard setback of 50 feet; located at: 9450 Main Bayview Road, Southold, NY. SCTM No. 1000-87-5-22. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228/We bLi n k/B ro,Lvse.aspx?id=935072&d bid=0&repo=Town0f5outhold If you have questions, please telephone our office at(631) 765-1809,or by email: kimf@southoldtownny.gov. Dated: May 15, 2025 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,' CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 �O jjtfF0(��, OGy Town Hall Annex, 54375 NYS Route 25 0 Cm P.O.Box 1179 y Southold,New York 11971-0959 G* �� Fax(631)765-9064 col � o ZONING BOARD OF APPEALS DATE: May 5, 2025 10040 VBI1 C WEAR+IiN, Dear Applicant; The June 5, 2025 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing(Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. Below, please see instructions required to prepare for the ZBA public hearing which includes: PLEASE READ CAR+E�FULLY. 1. Yellow sign to post on your property a minimum of seven(7)days prior to your hearing,to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than May 29, 2025.To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law, your scheduled hearing will be adiourned to a later date to ensure compliance with Chapter 55-1 (B) I of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by May 29, 2025, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your Property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. MAILING INSTRUCTIONS: Please send byCertirfied Mail Return Recei . the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. Instructions for ZBA Public Hearin8 - Page 2 leas. mai!1 doc�u�ments to the le :al m.aiilin address. as on file wish =outl Old Tow,. M.&F.ssm,s Oe Bice Mal lien to OEM b, Mai 9 202-5_ a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff,they may telephone 631-765-1809 or email us at kimf@southoldtommu.gov or elizabeth.sakarellos@town.southold.Liy.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting "as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also, the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold`>Assessors'>Assessment Books/Tax Rolls'> https://southoldtownny.gov/DocumentCenter/View/10528/2024-Final Assess Roll IMPORTANT INSTRUCTIONS: Scan and email the USPS mailing receipts, green signature cards.and affidavits to kimf(a southoldtownny.gov, and ** PROMPTLY USPS MAIL" the ORIGINALS to the~Town of-Southold, ZBA, P.O. Box 1179, Southold, NY 11971. Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. �QPMPEFAIS DAY T® S'U�B III VVII�ITTaEN DOCUMENTS © T 'FFICE FOO I2 Ta:i B©A M�E� �BEI2S WIiLL BE THEE E ' i w AI' RIUO R O T]Ei�E PUBLI' UEAR?IiN'G. AI+IrEaR HAT O DOCUiMUNTS WTROMBEACCEPT�E�D B THE O FI'C BU AN BE S; a MIS TrE�D T®THE OA �NlpnRS A.T THE PU�BLI I3+E_ i G Kim E. Fuentes—Board Assistant Laserfiche Instructions for Zoning Board of Appeals Records 'A UWN OF SOUTHOLD r� •� q SOCIAL MEDIA > ove`!m Services > 3= Us 4 1 ( d'. lVohfyMe®; 11Qaps i Ageadas& Town Code Online]?ayments TtiwnRecords Fotms �, Sign up to rccavt ^'` {Minutes F"'!Y PaS'Yoh bills W l+l krt�cerfirhe Fort-'l ppbcaziy one e� -- -nnetfirannns �e_ul.Y.i.....t r_.,.. Above: Homepage,Click on Link"Town Records"Weblink/Laserfiche Myweb Laserfiche Web Link unk Help Aha<,r:Sign OW Home Browse Search TownOfSouthold TownOfSouthold Name page count :-Template name - n=l Town Clerk z Entry Properties -- 2 Town Historian Path T—tees TownOfSourhold l,. Zoning Board ofAppeals(ZBA) Creation tlate 5,'512014 11:52:d1 AM Page 2 of 2 First « 1 12, 29 Entries Last modified -- 1/122017 B:06:27 AM a Metadata No metadata assigned Above: -The second of two pages you will find"Zoning Board of Appeals(ZBA)"in the list of Town of Southold Departments. Click the Zoning Board of Appeals (ZBA)folder/link. rJ Laserfiche Instructions ZBA Files Page 2 Laserfiche Wobl-ink Lywebbrik Help .About Sign Cut Home Browse search TownOfsouthold>Zoning Board of Appeals(ZBA) Zoning Board of Appeals Name Page count Template name (ZBA) J Alphabehcal lode* Entry Propertles Board Actions Laserfiche Search Gulden Path \ r.,Meeting Schedulez PathTowino, s0ultmlcPZonmg Baal \'\-•' of Appeals(ZBA) !Minutes/Agendaskegal NodceStHearings Creation date Pending 711 OP_00I 1::17!`6 PM ,.I Reports Last modified 623/2017 11:07:14 AM Special Event Permits -M Training Requirements 2BA OKtl315 R Metaddta '•]2BA Polio. NO metadata assigned v Excepdons List Code 280-10C(3) - 1 y lurisdicdon Listing 1 v ZBA Book of Mapped 1977 Existing Lots 189 ecedure&Besuhs :.WhmlWpaP-smearcU-2 -4LJ' Bulk schedules S Agreements,Contracts Leases Page I of 1 14 Entries Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on"Board Actions"folder to open. D.O. Most Visited 19 Getting Started 'Q Southold,NY-Officia... (<NetZero-My NetZero... ='•Date Duration Calcula... TownOfSouthold-La._ 4 Southold-Cor Laserfiche WebLink Home Browse Search TownOfSouthold>Zoning Board of Appeals(ZBA)>Board ACti0115>Pending Pending Name. -- - - - D 9025 MAIN ROAD LLC.CARDINALE Entry Properties --- -- - - - t•-'']C&L REALTY-Withdrawn Path -I JEMCAP SD 1 LLC ng -1 PECONIC RECYCLING TRUCK ,��ss11�� i o �of..i1_. THE ENCLAVES Creation date #7370-Frend 1000-1284,6 3/28/2017 11:36:07 AM #7379-Solutions East 1000-13-3.1 Last modified 6/9/2020 3:58:58 PM 'i�`-]#7383-Spiller 1000-59-5-83 -— - -——- - 973845E-HNF Resorts,Mydon Resorts-Campground-1000-40-3-5 Metadata #7385 SE-Fried 1000-50.1.13.1 No metadata assigned 07386 860 Bayview Drive-LLC 1000-37.-5-10.1 #7387 Hard Corner1000-61-4-1 #7387 Hard Corner-SITE PLAN-Arch Plans 1000-614-1 #7388-Minton Irrev.Trust 1000.128.-2-20 #7389 Senic 1000-71-1-4 #7406-Kappa 1000-88-1-1.5 Page 1 of 1 Above, Lists all Pending Applications under Board Actions/Pending LIRL Address, Link is http•//24.38.28.228:2040/weblink/Browse.aspx?dbid=0 Laserfiche Instructions ZBA Files Page 3 LaserflcheWebLink Y trywebunk Help'About stgnwt Home Browse Search rownOtSouthold>Zoning Board of Appeals(ZBA)>Board Actions Board Actions Name Pagecount Template name �j 1957-1979 Entry Properties rn I980-1999 Path 'm'7 2000 To Of$outhold\Zcning Board of Appeals(ZaAnBu3rd Actions r020o1 Creation date '=)2002 7/102001 1221:55 PM 2003 Last modified 2004 3282017 11:36:07 AM u 1 2005 S Metadata --;,2006 No metadata assigned -_>-]2007 :M 2009 ')2009 &Results ear I']2010 3hh/papsm .Uses2 2011 �]2012 L:3 2013 w 2014 i-3 2015 2016 :J 2017 Pending vw.aeaitAline.mrryhealth/Dap-smear.Usesi n.,..,r,.t 1 ..._._.__ Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in"Pending". lame Browse Seartp tenttlf5vv[twtd+ZolunR eOara a(AupeNz(2tW>50 1Acddns•2017 2o17 - B 6668 Mr BmmActbn3 a Entry Prppemes it e973 R 3avtl Acnom W[h It y 7 99 9oam.<0pn3 rO.5r�015uwMYJlZomng pave edua ecoo,d of AlNueY(ZOAIp10ud _]001 100 --WWI 3:oov 66 aaaro A:Lom Gordon date p A11 r5 Baard Mont 1�w•pt>?+9:12<fA 6•rot_ r5 6wdAmam last muddied ". `A2'Y30')9:_Fa1AM P:Ora 116 9aartl Morns rots 67 9 1d- x Mefaddb �rOt6 93 awrd Kirov ..0 n,eww,,a5s9:r�1 i,r01r r0 aOifa^c[1p19 m1s sa sv„e.eewm o.919 Sa 9wrd A[Lw3 3 roz. s0 3—d Acdms rwi sv eoa.e Mwm g-022 rs awro snom it rats 335 —dAcwm a roz< 60 awmat0ans g 7025 218 —1d Mwm d r026 n aoa,d Mum 5-o2r ao me,e>m�s it 7028 53 S.-AmanS 6 929 3 3wre Amw Above: See listed File Numbers. Click on file you are searching. Laserfiche Instructions ZBA Files Page 4 Cashel Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. Laserfiche WebLink `!' usnel °® M Home Browse Search Custom..Search ] Sort results by Relevance Records Management Search 71 ®7016 Rdd-- Board Actions.83 page(s) choose held ] Page counC 83 Template name:Board Actions Reset' Page 3...:Collin and Kristen Cashel PROPERTY LOCATION:162 Lower Shingle Hill,Fisher... Page 4...19.2017 47016,Cashel SCTM No.1000.9-1-26 minimus approval to remo... Page 5...y 19.2017 97016,Cashel SC7M No.100D.9-1-26 GRANT,the variances as... Search arms Page 9...COLIN&KRISTEN CASHEL SECTION 009 BLOC... Page 20..Thomas Ahlgren(Cashelj PO Box 342 Fishers IslandNY... Show more information... 27018 Board Actions.56 pagets) Page count:56 Template name:Board Actions Page 40-9:30 A.M.-COLIN CASHEL AND Variances under Amide W.Section ANN.- Page 48-ance(s)KRISTEN CASHEL97016•Request proposed trellis located in other tha... s Show more information... Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.4-1. Laserfiche WebLink MywebUnk I Help About I Sll Home Browse Search TownOfSouthold>Zoning Board of Appeals(ZBA)>Minutes/Agendas/Legal Notices/Hearings Name Page count Ternp face name Minutes/Agendas/Legal - -- - - - -• --- -- - ' Notices/Hearings 1-1 1957-1979 2 Entry Properties n 1980-1999 r1 2000-2009 Path �3 2010 TownOfSouthololZoning Board Of Appeals 2011 (ZBAI.Minutes/Agendas/Legal 2012 Notice fH-nngs Creation date 2013 //102001 2:57:40 PM ^(2014 Last modified '7 2015 12/16/2015 2'15:14 PM ;]2076 2 Metadata •^2017 No meradata assigned Page 1 of 1 11 Ent, .o.vn,e�r•,.r.flx,sin P>ti�uw..•wt�Vr.,nJ.'.rr%�ni£�446:P1i:..rr �q�iewec. Above: Also, Minutes,Agendas,and Hearing Transcripts can be viewed. \if Laserfiche Instructions ZBA Files Page 5 Laserfiche WebLink My W6Urk Help I About. Home Browse Search TownGfSouthold>Zoning Board of Appeals(ZBA)>Minutes/Agendas/Legal Notices/Hearings>2017 2017 Name Page count Template name ` ZBA-011051M17 7 2 Entry Properties 29A-01105/2017 Agenda 4 Path a ZBA-01/05/2017 Hearing 40 fownOf.Srurhoid\Zoning Board _ Of Appeals J ZBA-01105/2017 LN 3 (ZBA)NNInites/Agendasil.egal ZBA-01/19/2017 2 NotiCeS/Hearings`3017 •-•ZBA-01/19/2017 Agenda 2 Creation date 1 211 61201 6 2:15:Id PM v ZBA-0210212017 7 Last modified ZBA-02/022017 Agenda 4 611 912 01 7 4:53:59 PM d ZBA-02/02/2017 Hearing 45 2 Metaciata ZBA-02/022017 LN 3 ZBA-02/162017 Agenda 3 No metadata assigned ZBA-02/16/20175petlal 3 ts=edure Be Resul ZBA-031022017 7 m/health/pap_smear-lls ZBA-031022017 Agenda 4 ZBA-03/022017 Hearing 65 ZBA-0310212017 LN 3 ZBA-03/16/2017 Agenda 3 ZBA-03/16/2017 Special 3 ZBA-"062017 5 .J ZBA-04tt162017 Agenda 4 ZBA-04/06/2017 Hearing 45 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 OF The following application will be heard by the Southold Town Board of Appeals at Town Hall,-53095 Main Road, Southold The application will ALSO be available VIA ZOOM WEBINAR - Follow link - httpo.//sout-holdtownny.gov/calendar.aspx . 'AM E NE 9450 MAIN BAYVIEW LLC ( MARRA) # 7992 CTM # : 1 000-87-5-22 i,,"ARIANCE: YARD SETBACK FAEQUESTE CONSTRUCT A NEW SINGLE- FAMILY DWELLING E_ ATE THURS. , DUNE 5, 2025 11 :00 AM -You may review the file(s) on the town's website under Town Records/Weblink: ZBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 BOARD MEMBERS ho��0�SO(jjyo� Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes O� iC Town Annex/First Floor Robert Lehnert,Jr. y�a ,� 54375 Main Road(at Youngs Avenue) Nicholas Planamento Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 December 11, 2024 Mark Terry, Assistant Town Planning Director RECEIVED LWRP Coordinator Planning Board Office DEC 11 2024 Town of Southold- Sou Town Hall Annex PlanniSouthong Town Planning Board Southold,NY 11971 Re: ZBA File Ref. No. # 7992 — 9450 Main Bawiew LLC Dear Sir or Madam: We have received an application construct a single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form,;are attached for your reference. Your written evaluation with recommendations for this proposal,as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By. Encl. Survey/Site Plan: AMP Architecture, last dated July 19, 2024 Public Hearing date: March 6, 2025 BOARD MEMBERS ��.OF SU(/j�o Southold Town Hall Leslie Kanes Weisman, Chairperson ,`O l0 53095 Main Road-P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert,Jr. Office`Location: G Nicholas Planamento pQ Town Annex/First Floor .c� � Margaret Steinbugler OIiYC�U 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtov,rnny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD July 29, 2025 Tel. (631) 765-1809 Anthony Portillo AMP Architecture 10200 Main Road P.O. Box 152 Mattituck,NY 11952 Re: ZBA—Applications#7992 Marra/9450 Main Bayview, LLC 9450 Main Bayview Road, Southold,NY SCTM No. 1000-87-5-22. Dear N1r. Portillo; Enclosed is a copy of the Zoning Board's July 24, 2025 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above referenced variance application. Sincerely, Kim E. Fuentes Board Assistant cc: Building Department J 1 scc tz �R / f - 1_ v� 18.3 t f. 1 f �'*_•w 1 w i ?�1 f `�roy� sC' I u rF al lag 1s.1 i 23.s ( 1 RO i .,� f •�1/ Y,.3 y \, , - '�._..\� -w8 2 R z �r 1.aA8 19.2 23.z - �. 7 9 i 8 23.1 'o ( _ ° / ) l ' 8 4 18„1 s m 8 --,� 1.2q(� ,,� J...�,•T��t r�L� r _ 1Xl '9 21.1p\`x� ''•.-.. r - -. 3.6A(c) �� \g 'h')�6 4Y. `w� ssi� !`~�'� 26 23.9 21.7 - �• \ ; 6�'•' a ''0 17 B.aA ��^x a' { 21.11 i i s c. 21.12 }7 rr �„ 11i` 3.8 72q(c� p { 8r • y 1tJ '- el 5 1 3 •i: f FOR UNITS g.l n'y I d i SEE SEC.087.01 .," '.ffi m a/ 1 '•1 e1a Q •'" 'a i r -'IQJi,. .. _al w 23.7 O THE COVE ATSOUTHOLD ¢`ya� /•r x/ - (COMMONAREA) s�is:%f `. 6.8A ' TOWN OF SOUTHOLD - .¢/ 11.4eLj 9z saa ryxeFRWgTEntANnl a�1.7A( ! a� '�� f ' 55 l 4 f 8.3A(c) ) ��..L:1��- ...-. p( 2113 -.A �� / I' 3.1A z; ' k5 ; 1 r.. w t: Corey Creek O 1r a �J OV ®._.�_ _.� •� �� - 45.OA '• r COUNTY OF SUFFOLK;cue .' �•"�+�-.... - .__ ,w TOWN OF SOUTHOLD QQ- t' 9 NECK - - ...BAY - ,. ~ter. `. '. - .. � " - _�--'~-�.:..��"/�=•--` ----..._.,.C�.�,t.,�. f�.,f�' �'�.. GG1 1 ,r 1OOU6Z'S r�1 i,t AJL_5 8-1, 5- a+ 2-1 . I-3 LTt n) N 315182 $ -3.-Z? COUNTY OF SUFFOLK g) N NOTICE E tws e Q o I)STRICr W. 1000 SECTION tom. ' Real Property Tax Sen'ice Agency MAINTB•WJCE,ALTE"nON.SALE OR Y ' two- iaa0. w E OISTRISUTION OF ANY PORTION OF THE M , m1 ,m TOM OF SOUTHOLD 087 300 Cenf•Drim lbwrhr�AY 11901 SUFFOLK COUNTY TAX MAP IS PROHBITED A leoo WITHOUT WRITTEN PEMMION OF THE P �.._.��g_ Feat .S REAL PROPERTY TAX SERVICE AGENCY egg VLLAGE OF re.ot eno TOWN OF SOUTHOLD—BUILDING DEPARTMENT �= y� Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959 Telephone(631) 765-1802 Fax (631) 765-9502 https://www.southoldtownny aov te Received APPLICATION FOR BUILDING PERMI For Office Use Only PERMIT NO. Building inspector: }^ Applications and:forms must be filled out in their entirety Incomplete MAY 2 4 -r( applications will not be accepted -Where the Appluant is not the,owner,,an 2024 Owner's Au#honAtion form(Page 2) all be coIV mpleted kk =.., � f�� :5/20/24 }y v trtt Date OWNIER(S)OF PROPERTY Name:Daniel Marra SCTM# 1000-87-05-22 Project Address:9450 Main Bay View Road, Southold, NY 11971 Phone#:646-343-7400 Email:marrconllc@gmail.com Mailing Address:8 Ransom Ave, Sea Cliff, NY 11579 F a, Name:AMP Architecture Mailing Address:PO Box 152 Mattituck NY Phone#:631-603-9092 Email:bepperson@amparchitect.com _._ DESIGN PROFESSIONAL INFORMATION Name:AMP Architecture, Anthony Portillo Mailing Address:PO Box 152 Mattituck NY Phone#:516-214-0160 Email:aportillo@amparchitect.com CQNTRACTORINFORMATIONc° Name: Mailing Address: Phone#: FFm;711 DESCRIPTION OF PROPOSED CONSTRUCTIONo ..T.__ __..- RNew Structure „❑Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project: ❑Other $ Will the lot be re-graded? RYes ❑No Will excess fill be removed from premises? RYes ❑No 1 PROPERTY INFORMATION Existing use of property Intended useof-property -IFMA to Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to this property? ❑Yes*o IF YES, PROVIDE A COPY. El Check Box After Reading: The owner/contractor/design professional is responsible for all drainage and stonn water issues as provided by Chapter 236 of the Town Code.APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone ordinance of thi Town of Southold,Suffolk,County,New York and other applicable taws,Ordlnanoes or Regulations,for the construction of buildings, additions,alterrtiorts or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code, housing code a nd regulations and to admit authorized Inspectors on premIses and In buildings)for necessary inspections.False statements made herein are punishable asp class A misdemeanor pursuant to Section 210AS of the New York state Penal taw. Application Submitted By( t name): ,,"$ — G� � Authorized Agent ❑Owner Signature of Applicant Date: 01E-- 1 2.4 STATE OF NEW YORK) SS: COUNTY OF.�TIA ) -P 'v`e f)J kTV--C—j A)9,e being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named,� (S)he is the 1 � 1 , (Contractor,Agent,Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his/her knowledge and belief;and that the work will be performed in the manner set forth in the application file therewith. Sworn before me this day of 201�- 1 Nota is =inSuffolk UFENANGER STATE OF NEW YORK o.01A00019644 PROPERTY OWNER AUTHORIZATION Suffolk Countyires January 9,2028 (Where the applicant is not the owner) I, )16171140,// �44 residing at W,, /s~.;7 l do hereby authorize to apply on my behalf to the Town of Southold Building Department for approval as described herein. Owner's Signature Date Print Owner's Name 2 SITE I Tf415 19 AN ARCHITECTS SITE PLAN 4 19 SUBJECT TO VERIFICATION BY A LICENSED //AV/ SURVEYOR. THE INFORMATION LIMITS OF CLEARING, REPRE-5ENTIED ON TH15 SITE PLAN 19 TO THE SP-,I AND GROUND ARCHITECTS BEST OF KNOWLEDGE. DISTURBANCE 2.SURVEY INFORMATION WAS OBTAINED PROF. IA ON5ITE4 FROM A SURVEY DATED 11/18,/2021 AND WASTEWATER FIRM'I BY: PROF. IAOVI 0.0 1 2 d T SYSTE M F-M SCALICE LAND 5URVEYIN5 % (5 BEDROOM) P:651-q5'7-2400 :-:-) 00 RO ' `` ` 2 PHOTO #1 PHOTO NEW PUBLIC z,0 :701111115 , P", Ns" WATER -t, 40 11 =� EDGE 4 FRESHWATER ONNECTION 0 PROF. EN STOOF- Zt 0 E C3- BOUNDA AS DELIENATED 40 , >-�:z"n 5 .01 -7/N W 4' X V OV AN BY EN-0 BULTANTS, INC. ON 131, NEW BURIED ELE OCTOBER 51, 2005 A I.gz A.,/0, D.H. CONNECTION =,;�t-0 ...... PROF BURIED lgp- PHOTO #4 x 3m:>z p PROPANE TANK ;o: 1.1 o. PHOTO #5 �z w.t:<b 0 40 ............. aM 3:0 m PROF. V o. U GRAVEL a DRIVE. �O/ M ...NETLANDS.... q, Q a ...........:.!:... ...i.l:::...... 6 PROF. ... ... .... ..... .......... 4yI.......... ...... �'� DWELLING / 70 TE5T tW 4140 HOLE J# G) m P) S., + / \\ / 6, /ti J# < 0) ......... .. r -4 (j) u ....................................................................... 0 0 u �b A0� ................ ............. ...J?ZTLAND5- ................ ........... ................ .......... 0 .......... : ...... .............. ............. 5 ...........:: : -,- ENLAROED PROPOSED z......*.... .1 OT DETAS- I SCALE: 11. 20.-01. cr AREA CIOVER&SE .............. ca 0 Sojn4OW TOM 00M 260-201 111 (1) Z TOTAL LOT AREA LOT SIZE/AREA IN ALLOKABLIE TOTAL LL1 `vo WETLANDS 24,7W&SP. TAX MAP N 1000-51-05-22 EXCESS OF 20POO SP 2q.021.1 S.F. 021.7 S.P. SPA SPA 0 .... CONFORMING 5,550 SP TOTAL LOT AREA RERAI 2q,01-1.4 SP. ZONINS,DISTRICT AC,NON C40W W LOTS CONTAININS UP TO NSF. 3r 0 .................... ry o LOT AREA 1.2 AI ALLOWABLE S.F./PLUS LLB................ LC) .................... 0 — 12.5515 OF EYZESS LOT 2J000 S.F. S.F. Z • LOT WARAZE VARIANCE APPROVAL PE DING AREA OVER ............ 0 to _j 91 To�N ccoe 2io-i!4(a) IFEMA rI ZONE x .............. Z LOT WrLAI P15TMCT PENDINS 0 DEX-RAPTION(FOOTPRINT) AREA CADVERAI 91 Tom c,=E 2ao-i24- 0IL PREVIOUS DESIGN 525 FROM TOTAL LOT AREA 53,"6.2 SP. DEC DISTRICT P&TLANDE.APPROVED APRIL PROP. OOMPI a. 2022 DA C, 0/1% TOTAL BUILDABLE AREA 2qOrl,4 SF. CAA);" - ...... SUFFOLK COUNTY HD APPROVAL PENDING 5 BEDROOM Mitt FRONT YARD solo, 50.01 NO C, 'I% - — ... PROPOSED DWELLING 612.1 Sp. 2- 1 . � 1�- - � . -1 -1 PROPOSED ENTRY STEP"AND 42 PROPOSED PROPOSED MR SIDE YARD 20.0' 21.0' YES .0 S.F. HABITABLE GROSS NEEI SIDE 4010, 4q.61 YES /c SPACE AREA YARDS LAWINS MIN.c-OMBI TOTAL AREA OFAL M: 23% N /1-1 — FIRST FLOOR AREA 592 S.F. 612.1 MIN.REAR YARD 60101 5DIA, YES C4 C-) MAXIMUM LOT COVERAGE ALLOVIIEP.20% N SECOND FLOOR AREA 542 S.P. 61" MAXIt-IUM HEIGHT(PROM 55,01 55.6(SLOM YES 74(IW- AV&GRADE) 24A(PLAT) PROP05F—P 51TE PLAN ROOFTOP FLOOR AZEA SPACZ OPEN 123.4 IREAR YARD(FROM 50ALE: I" = 50'1 TO 51 WETLANDS) 15A' YES o.RsATarALs i�bo5r. 1,4M.1 S.P.