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HomeMy WebLinkAbout#7498-Loria revised application plans survey for April 3, 2025.pdf TOWN OF SOUTHOLD Received BUILDING DEPARTMENT JAN 2 7 2025 SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Zoning Board of Appeals DATE: February 5, 2021 RENEWED: February 5, 2024 AMENDED: February 5, 2024 RENEWED: November 22,2024 AMENDED: November 22,2024 TO: Karen Hoeg, Esq. (Loria) PO Box 9398 Riverhead,NY 11901 Please take notice that your application dated December 10, 2020: For permit: to construct a single-family dwelling on a pilejoundation at: Location of property: 1090 First Street.New Suffolk.NY County Tax Map No. 1000 - Section 117 Block 7 Lot 31 Is returned herewith and disapproved on the following grounds: The proposed residential construction on this 6,170 sq. ft. lot in the MII District is not permitted pursuant to Bulk Schedule which requires a front yard setback of 35 feet and a rear yard setback of 35 feet. The plan shows a front yard setback of 4.3 feet and a rear yard setback of 24.2 feet. 1 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. i Karen A.Hoeg Latham Partner TwomoVA' L�.. t lam khoeg@218olklaykhoeg@suffolklaw.com S H E A, K E L L E Y, DUBIN & Q U A R T A R A R O, LLP 33 West Second St. P O.Box 9398 4 verhead.NY 11901 I/Pd JAN 2 7 2025 Zoning Board of Appeals January 23, 2025 Donna Westermann Town of Southold Zoning Board of Appeals PO Box 1179 Southold,NY 11971 Re: Philip Loria 1090 First Street,New Suffolk SCTM# 1000-117-7-31 Dear Donna: This letter will confirm our application submitted on January 16, 2025 amends the pending application. In this regard,please find our check for$500.00 representing the filing fee. Should you require anything further,please let me know. Yours truly, Karen A. Hoeg (� APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE JAN 2 7 2025 House No. 1090 Strect First Street Hamlet New Suffolk Zoning Board of Appeals SCTM 1000 Section: 117 Block: 7 Lot(s) 31 Lot Size: 6,962 sf .Zone I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Owner(s): Philip Loria Mailing Address: 48 Linda Lane West, Riverhead, NY 11901 Telephone:(631)484-3408 Fax: Email: NOTE:In addition to the ahoM 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: Karen A. Hoeg, Esq. forX Owner( ) Other: Address: c/o Twomey, Latham, et al., 33 West Second Street, Riverhead, NY 11901 Telephone: (831)727-2180 x2E9 Fax: (631) 727-2385 Email: khoeg@suffolklaw.com Please check to specify who you wish correspondence to be nulled to,from the above names: �IAApplicant/Owner(s), X Authorized Representative, ( )Other Name/Address below: YN WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED Decemberl0 2020 and DENIED AN APPLICATION DATED November 22,2o24FOR: 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: Xlll Section: 280 Subsection: 56 Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. { }A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Request for Reversal or Overturn the Zoning Officer's Denial Other A prior appeal X has, ( )has not been made at any time with resl2ect to this proverill UNDER Appeal No(s). 7498 Year(s). 2021 (Please be sure to research before completing this question or call our office for assistance) * Project has been modified and prior application will be withdrawn. Application has been modified to address SCHD comments. Page 2, Area Variance Application R Revised6/2023 REASONS FOR APPEAL JA N 2 7 2025 (Please be specific,additional sheets maybe used with preparer's signature notarized)Zoning Board of Appeals 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: The location for the new structure has greater setbacks than the adjacent structures on the properties in both directions along First Street from King Street(south)to Orchard Street(north). The proposed design is compliant with dimensional regulations in the District with the exception of needing front and rear yard setback relief. 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: This lot has existed since May of 1923 and is not large enough to accommodate current setbacks. The structure has been positioned to create ample open space around the perimeter while providing room for the installation of an approved I/A septic system subject to Town regulatory approvals and optimizing the on-site parking. 3. The amount of relief requested is not substantial because: The location for the new structure has greater setbacks than the adjacent structures on the properties along 1 st Street. The front yard setback is 4.3 and rear is 24.2 ft. The side yard setbacks are code compliant. The structure location was selected to optimize property use and create open space all around the building in order to comply with Health Department regulations for a low nitrogen system. The revised plan calls for the house to be placed on pilings so a story variance is not required. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: This variance allows a single family residence with conforming lot coverage to be constructed on the site. This use is absolutely the least intrusive on the neighborhood and environment considering the allowable uses in the MI 1 district.Allowable uses include Mariana and Boat Servicing Facilities,two examples with much greater impacts. Additionally, the SCHD has issued approval for an IA sanitary system subject to Town approvals. 5. Has the alleged difficulty been self created? { } Yes,or 1'**Z No Why: This lot has existed since 1923 and the lot pre-dates zoning. See attached. • Are there any Covenants or Restrictions concerning this land?copy) { No { } Yes(please furnish a ■ This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. By signing this document,the PROPERTY OWNER understands that 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 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 COMP CE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. ign to plicant ut ed Agent (Agent must submit Men Authori (ion from Owner) Swo to before me this day of 20 t DONNA 6LOUN T Notary iC NOTAF1y PUBLIC,STATE OF NEW YOFt1C Registration No.01BL639M7 Run,i%d in SuOolk County MyCsnunisslon&pkes April 22,20—av Ved Zoning Board of Appeals APPLICANT'S PROJECT DESCRIPTION AIV 2 7 1Q25 APPLICANT: Karen A. Hoeg, Esq. SCTM No. 1000-117-7 31ning Board °i Raa►s 1. For Demolition of Existing Building Areas Please describe areas being removed: None; property is vacant. II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor even: 1,016 SF Dimensions of new second floor: 874 SF Dimensions of floor above second level: N/A Height(from existing natural grade): 34.8 (2 stories) Is basement or lowest floor area being constructed?If yes, please provide height(above ground)measured from natural existing grade to first floor: No; Ground level is on pilings. 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: N/A Number of Floors and Changes WITH Alterations: Ground Level - P il ings 1st floor- bed room kitchen dining/Living room; 2nd floor- 2 bedrooms IV. Calculations of building areas and lot coverage,sky plane(From Surveyor,Design Professional): Existing square footage of buildings on your property: 0 Proposed increase of building coverage: 1,482 SF as per Butler site plan Square footage of your lot: 6,962 SF Percentage of coverage of your lot by building area(lot coverage) 21.2990 Gross Floor Area(GFA) of single family dwelling including the attached garage and/or habitable detached accessory structure: (Please refer to Chapter 280, Section 280-207 of the Town Code): 1,904 SF For Residential lots, is project within the allowable Sky Plane? (Please refer to Chapter 280, Section 280-208 of the Town Code): V. Purpose of New Construction: New Single Family Residence (2 floors). Rear deck attached to house. Off street parking and I/A System included. Footprint over 12iling VI. Ple a de tribe th lan contou s fat,slo e 0 heavii sy ded,pnarsh area,etc.)on your land and L�r s{ruct 2� r yame cv �ll[ o�i�ili� s w � sa$iJrX s stem. how it re a es to e r in m e Min co a requi'r�men (s): es beyon separate page if needed: Flat and level grade. Street, lot and surrounding property all at same elevation. 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. Applicant:Philip Loria Premises: 1090 First Street, New Suffolk, NY APPLICANT NARRATIVE Dated: January 14, 2025 I. INTRODUCTION JA N 2 7 2025 zonin Philip Loria(the "Applicant"), herein proposes the construction of a n ling)ogpp,a', property located at 1090 First Street,New Suffolk,NY(SCTM No. 1000-117-7-31) (the "Premises"). The proposed development requires relief from the front yard and rear yard setbacks for the primary dwelling. II. STATEMENT OF FACTS The subject non-conforming 6,170 sq. ft. lot is located in the Marine II Zone (M-II District) and fronts on First Street;the rear of the property is situated on Peconic Bay and bulkheaded along the entirety of the rear boundary line. A 10-ft wide non-turf buffer runs along the bulkhead and rear boundary line as well. The property is currently vacant. The Applicant acquired the property on October 26, 2010; the deed is attached as Exhibit A. The Applicant previously applied to this Board for variance relief in 2021, as Application No. 7498 (attached herein as Exhibit B); the prior application is modified to address comments from Suffolk County Department of Health Services ("SCDHS"). The Applicant received variance approval from the SCDHS Board of Review on December 7, 2023 for the location of the proposed new I/A OWTS system on the subject Premises (Ref. R-22-0751, attached herein as Exhibit Q as per SCDHS Notice 45 dated December 18, 2023, the issuance of a permit to construct is subject to (1) a Town of Southold Zoning Variance approval and(2) Town of Southold Trustee's permit(see Exhibit D). A Notice of Disapproval was last renewed and amended on November 22, 2024 (see Exhibit E)_In order to comply with this approval,the Applicant herein amends the proposed new primary dwelling. III. NATURE OF RELIEF REQUESTED The Applicant requests variance relief from the yard setbacks contained in the Town of Southold Code §280-56 as follows: a. Proposed primary structure, located 4.3 feet from the front boundary line where 35 ft is required; b. Proposed primary structure, located 24.2 feet from the rear boundary line, where 35 ft is required. IV. STANDARDS FOR THE GRANT OF AREA VARIANCES Pursuant to Town Law Section 267-b,the Zoning Board of Appeals is required to take into consideration the following factors when weighing the benefit to the applicant if the variance is granted against the detriment to the health, safety, and welfare of the neighborhood and community: a) Whether the grant of the variance will cause an undesirable change in the character of the neighborhood or will create a detriment to nearby properties; 14ppfcanl: Philip Loria Premises: 1090 First Street, New Suffolk NY - Q jUed b) Whether the benefits sought by the applicant can be achieved by someAmethod��z feasible for the applicant to pursue other than an area variance?oning Board of Appeals c) Whether the requested area variance is substantial; d) Whether the grant of the variance will have an adverse effect or impact upon the physical or environmental conditions in the neighborhood or in the affected area of the Town; e) Whether the difficulty causing the applicant to request an area variance was self-created which consideration shall be relevant to the determination of the Board but shall not necessarily preclude the grant of the variance. These variance standards are addressed as follows: a) There is no undesirable change in the Character of the Neighborhood and detriment to nearby ra erties own Law 4 267-1 3 b ] . The subject lot pre-exists the enactment of zoning and is non-conforming, as are many of the lots in the surrounding area; the subject lot was created in 1923. AIthough current zoning does allow for the construction of single-family dwellings,per Town Code §280-55,this lot is extremely narrow and undersized, as are many of the neighboring lots. of note,the neighbors located at 1200 First Street, directly to the north of the subject property, received variance relief for the construction of a primary dwelling located closer to First Street then the subject proposed dwelling(see attached ZBA Decision 6773, as Exhibit F); the neighboring dwelling is located 3 feet from the front property line. Similarly, the dwelling located on 1230 First Street is also located very close to the front property line. The proposed dwelling will be of similar size and bulk to other properties in the neighborhood and is customary to the residential nature of the area. The proposed dwelling does not require variances for coverage or side yard setback and has been designed to be as in compliance as possible with the current Town Code. It is proposed to be set on pilings in order to eliminate any variance for a third story. b) The benefit cannot be achieved by some other method feasible for the apiflicant to Pursue other than area variances Town Law 4 267-b 3 b 2 . The Applicant has taken careful steps to ensure that the proposed dwelling is as conforming as possible on a severely constrained lot. The Applicant has amended their application to comply with SCDHS standards and the aforementioned approval; this iteration of the proposed development is the best possible option for the subject parcel, while still keeping the dwelling as far away from the bulkhead and bay as possible. Applicant:Philip Loria Premises: 1090 First Street, New Suffolk, NY c) The area variances recluested are not substantial Town Law 269- 3 b Although the variances requested are not minimal, as noted, surrounding, sitAAW 2025 situated properties have received comparable relief. The proposed dwelling is located as far from the bay as possible and the requested rear yard variance of 24 feet is necessa�rOftrBdwcbrdfimppeals width of the property is 100.33; the setbacks for the subject property untenable for any form of development. d) There is no adverse impact on the h sical and environmental conditions to the neigh bo rhood/town Town LawA 267-b 3 b 4 . As noted, the Applicant has taken great strides to limit the effects to the surrounding environment, specifically the adjacent Peconic Bay. The Applicant will install a new I/A OWTS system and has received the necessary variance approval from SCDHS and has taken great efforts to locate the proposed dwelling as far from the bulkhead as possible for the proximity to the bulkhead. The proposed house has been modified to reflect the necessary location of the septic system. The NYS Department of Environmental Conservation provided a letter of non- jurisdiction, attached herein as Exhibit E, due to the bulkheading of the property. e) This is a self-created difficul Town Law 267-b 3 b 5 . Although the difficulty is self-created, in that the Applicant purchased a pre-existing, non-conforming, undersized lot, this factor should not be determinative and preclude the granting of an area variance. In sum, under Town Law §267-b, the grant of the requested relief is the minimum necessary and adequate to enable the applicant to enjoy the benefit of the proposed dwelling and to allow the Applicant to use the property in a manner in which allowed under the current zoning, while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. ' Applicant:Philip Loria Premises: 1090 First Street, New Suffolk, NY Received V. CONCLUSION JAN 2 As demonstrated, the benefit to the applicant outweighs any pote�I detriment tot e general health, safety, and welfare of the neighborhood and the Town as a wSl9°ft-:tyap6pgee� requested is the minimum necessary to alleviate the described difficulty. In light of the foregoinyg analysis of the application as applied to the relevant provisions, it is respectfully submitted that the application in all respects be granted. Dated: Riverhead,New York January 14, 2025 Respectfully submitted, TWOMEY, LATHAM, SHEA, KELLEY, DUBIN & QUARTARARO, LLP Attorneys for Applic nts By: are. Hoeg, Esq. 33 West e�co -St P.O. Box 9398 Riverhead,NY 11901 T: (631) 727-2180 F: (631) 727- 1767 khoeg@suffolklaw.com ti Revised 6/2023 QUESTIONNAIRE �q/' I� FOR FILING WITH YOUR ZBA APPLICATION ' g/ A. Is the subject premises currently listed on the real estate market ttftoived Yes __><_No JA N 2 7 2025 B. Are there any proposals to change or alter land contours? _KNo Yes,please explain on separate sheet.Zoninn fanorrs n; h •_ P peals C. 1.)Are there areas that contain sand or wetland grasses? Yes - Sand easement on Survey* 2.)Are those areas shown on the survey submitted with this application? Yes-not included in lot size 3.)Is the property bulk headed between the wetlands area and the upland building area? Yes - bulkhead on Bay (Tidal) 4.) If your property contains wetlands or pond areas,have you contacted the Office of the BOARD OF TRUSTEES for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Board of Trustees: Pending Zoning Review If issued,please attach copies of your permit listing conditions of approval with a copy of the 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 If any of the aforementioned items exist on your property,please show them on a site plan. F. Are there any construction projects currently in process on your property? No If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe scope of work: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If none exist, please apply to the Building Department to 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 and identify the Suffolk County Tax Map No. 1. Please list present use or operations conducted at your property, and/or the proposed use Vacant Land/Boat Storage; and the proposed use - Single Family Residence J. { -am cs:exis i single family,proposed:same with garage,pool or other) Authori d sig tore ate * See Trustee Decision establishing easement. AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant) sqp V1&dSe 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 agricul &qt 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 the4Vap7Igf cPalA ppeals Law. 1. Name of Applicant: Karen A. Hoeg, Esq. 2. Address of Applicant: c/o Twomey, Latham, et al., 33 West Second Street, Riverhead, NY 11901 3. Name of Land Owner(if other than Applicant): Philip Loria 4. Address of Land Owner: 49 Linda Lane West, Riverhead, NY 11901 5. Description of Proposed Project. Construct Single Family Residence 6. Location of Property: (Road and Tax map Number) 1090 First Street, New Suffolk(1000-117-7-31) 7. Is the parcel within 500 feet of a farm operation? { } Yes tX} No 8. Is this parcel actively farmed? { } Yes X No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the ck of this ag° if there are additional property owners) Signatur 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. AGENUREPRESENTATIVEn ,j �Z5 � TRANSACTIONAL DISCLOS HpS��al�. The`['own of Southold's Code of Ethics rohibits conflicts of interest on the, t %�h dicers and cm lances. I he ur ase of this form is to provide information which can alert the town of nossibl i s of in[crest and allow it to take whatever action is necessary to avoid some. YOUR NAME : Karen A. Hoeg, Esq., Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATIO (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in vvh ie town officer or employee has even a partial ownership of(or employment by)a corporation inn i the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP SubmittedMKaren f U Signature Print Name . oe �Esq. Board of Zoning Appeals Application F(eceived OWNER'S AUTHORIZATION J AN 2� 2025 (Where the Applicant is not the Owner) ZON09 Board of APPeals 1, � I L401-k a- residing at (Print prop rty owner's name) (Mailing Address) AQ L ►� Lq it West Aver64, Nq --� r M da hereby authorize A)CY-eNI (Agent to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. By signing this document,the Property Owner understands that 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 REQUMED 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 (Own 's Signature) I�n, Dori o�. (P t Owner's Name) Ln o a ° w ry JA i o Zbnfn o rd ��P1p _ � 70 n Zi y D n h If Ln r ca W m I I G) s� NEW YORK STATE DE-- RTMENT OF ENVIRONMEN fAL CONSERVATION 1+1� Division of Environmental Permits,Region 1 Received SUNY;i,Stony Brook,50 Circle Road,Stony Brook,NY 11790 P:(631)444-0365 1 F:(631)444-0360 wwwdec.ny.gov JAN 2 7 2025 LETTER OF NO JURISDICTION Zoning Board of Appeals TIDAL WETLANDS ACT March 9, 2023 Philip Loria PO Box 15 New Suffolk, NY 11956 Re: Application #1-4738-04926/00001 Loria Property: 1090 First Street SCTM# 1000-117-7-31 Dear Philip Loria: Based on the information you submitted the Department of Environmental Conservation has determined that the portion of the above property landward of the functional bulkhead greater than 100 feet in length, as shown on the survey prepared by Line and Grade Surveyors, last revised 10/18/2022, which was constructed prior to August 20, 1977 as evidenced on historic aerial photography, is beyond the jurisdiction of the Article 25 Tidal Wetlands Act. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661), no permit is required to conduct regulated activities landward of that bulkhead. Be advised, no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or disturbance within Article 25 jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the jurisdictional boundary and your project (i.e. a 15' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. This letter shall remain valid unless site conditions change. Please note that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies or local municipalities. Sincerely, /Kevin Kispert Permit Administrator cc: Karen Hoeg, Esq. BMHP File _ t` hFW YORK Department of Environmental r=- Conservation Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS seceive N �'I 2�z5 1. All applicants for permits* including Town of Southold agencies, shall 4nplete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistent e8jePpLl0 This assessment is intended to supplement other information used by a�f RouthOId 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# 117 - 7 - 31 The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. ® Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital El construction,planning activity,agency regulation, land transaction) ❑ r (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit,approval, license, certification: -ZBA -Trustees Nature and extent of action: Construct 2 story frame dwellin on ilin s, new IA sanitary system. Location of action: 1090 First Street, New Suffolk (�� (91 g Site acreage: 6,962 SF Received I ( Present land use: Vacant JAN 2 7 2025 Present zoning classification: MII 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:. Karen A. Hoeg, Esq. /Twomey, Latham, et al. (b) Mailing address: PO Box 9398, 33 West Second Street Riverhead, NY 11901 (c) Telephone number:Area Code( ) (631) 727-2180 Ext. 269 (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No® If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes ❑ No ❑ Not Applicable The proposed rear yard setback to the proposed house is 25' and proposed is 31.3 ft. The ground level is proposed to contain break away walls at a height of 7 ft. Depth to groundwater is 3.0'. Proposed house is 2 stories and complies with height regulations. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ® Yes ❑ No ❑ Not Applicable To the extent applicable, the application protects and preserves historic and archaelogical resources. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout'-thee Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 11 ® Yes 0 No E Not Applicable JAN 2 7 2025 The proposed 2 story dwelling will comply with height requirements and be of similar heig t and size to the ad'acent propoerty located at First Street which is a 1.343 SF dwelling set on piles which in 2014 was granted a variance for a 3 ft. frontyard (ZBA#7104) setback. 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 0 No 0 Not Applicable The proposed, and approved location of the lA sanitary system by SCHD, is located outside of the VE Flood zone and over 54 ft from the bulkhead_ Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ® Yes 0 No 0 Not Applicable The project proposes hooking up to the-RubLc-w-ater system and a low-nitmgen sanitaN system has been approved by the SCHD Board of Review, subject to Town approvals. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. ® Yes [E No F� Not Applicable To the extent applicable, the project will protect eco systems and wetlands. The property is completely bulkheaded and has been since prior to 1975. A NYSDEC letter of non'urisdiction has been obtained dated March 9, 2023. J tJ Am Attach additional sheets if necessary l Policy 7. Protect and improve air quality in the Town of Southold. SeeZhWVjbS#eti@h ApPeaIPolicies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ® Yes ❑ No ❑ Not Applicable Tot the extent applicable, the project will minimize environmental degregation. A low nitrogen sanitary system is proposed. 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. ❑ YesO No® Not Applicable The property is not a public access area. 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 0 Not Applicable oning a I ! AppeWs Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No❑ Not Applicable 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 Receive- m x s JAN 2 7 2025 L7 D Zoning Board o'i Appeals ceived JAN 2 7 2025 -T JI Zoning Board of Appeals I IIIIIII IIII IIIII IIIII IIIII Illll IIIII IIIII IIIII IIII 111I IIIIII IIIII 111111111 IN SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 11/17/2010 Number of Pages: 4 At: 10:05:32 AM Receipt Number : 10-0133901 TRANSFER TAX NUMBER: 10-08129 LIBER: D00012643 PAGE: 326 District: Section: Block: Lot: 1000 117.00 07.00 031.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $250.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $5.00 NO RPT $30.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $�55.00 TRANSFER TAX NUMBER: 10-08129 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County I u Number of sages RECORDED S( 2010 Nov 17 10:05.32 AM (� This,document will be public JUDITH A. PASCALE .record. Please remove all CLERK OF Received Social Security Numbers SUL DLK COUNTY L D00012643 prior to recording. P 32a JAN 2 7 2025 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES <..t,,iing Board of Appeals Page/Filing Fee Mortgage Amt. Handling 5. 00 1. Basic Tax 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17(County) Sub Total. Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. Held for Appointment Comm.of Ed. 5. 00 a Transfer Tax ' Affidavit Gym �S Mansion Tax ' The property covered by this mortgage is ied Co or will be improved by a one or two NYS Surcharge 15. 00 fancily dwelling only. Sub Total Other YES or NO ` Grand Total If NO,see appropriate tax clause on page# of this instru e � et7 10024504 loon 11700 0700 031000 77 4 Dt PT 5 Community Preservation Fund 5 Real Property REMC A Consideration Amount$ Tax Service .Nov-1 Agency CPF Tax Due $ Verification I 6 Satisfactions/Discharges[Releases list Property Owners Mailing Address Improved RE&&D&RETURN TO- aeant Lan --j'-rvtf 1p�L3 r fcld� TD /it jh4,4,'-ry_sprtss A-- ganG TD '7 TD AT fI9oi Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title ComjRany Information 310 Center Drive, Riverhead, NY 11901 Co Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk County ec_ordiTT.& Endorsement Page This page forms part of the attached 26] _ made by: (SPECIFY TYPE OF INSTRUMENT) f _ _ The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of , l/t!Z fJ<.�, In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. IMPORTANT NOT`IOElow. (Z. If the document you've just recorded is your 5AT[SFACTIO}N pF MORTp Gi(;, please be awarReceived the following: If a portion of your monthlymortgage Payment included your-property taxes, + u will n w nee 't JAN 2 7 2025 co c ur Focat T T ece❑c so hat ma be ilied ireet] or all fut e r statements • Board of Appeals Local property taxes are payable twice a year: on or before January 10"and on or before May 31,,. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 Riverhead. Howell Avenue {631]957-3004 Riverhead,N.Y. 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville, N.Y, 11738 Shelter Island, N.Y. 11964 (631)451-9009 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantlgo place Smithtown Town Receiver of Taxes East Hampton, N.Y. 11937 99 West Main Street (631)324-2770 Smithtown, N.Y. 11787 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631)351-3217 (631) 283-6514' Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631)224-5580 (631) 765-1803 Sincerely. Judith A. Pascale Suffolk County Clerk is-oiw..06i0e1td • J CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY Received THIS INDENTURE,made thex day of p�2 -•2010 JAN 2 7 2025 • BETWEEN ANNA LORIA, as Trustee of the Anna Loria and Salvatore Loria ZOi'llflg i3O2trd 07 FlPP'BR1S Revocable;Trust dated March 14, 1989, residing at 292 Mystic Blvd. NE, t!� Palm Bay, Florida, 32907, party of the first part,and r PHILIP LORIA, residing at 800 Theresa Drive, Mattituck, New York, party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten and 00/100----------------- _._.---—----------------—__—_._........ r _—.._._---._._.--010.00)----dollars paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land,with the buildings and improvemerits*thereon erected, situate, lying and being in the .�• r. SEE ATTACHED SCHEDULE A FOR DESCRIPTION OF PROPERTY SCTM NO.: 1000-117.00-07.00-031.000 TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose,The word"party" shall be construed as if it read"parties"when ever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ANNA LORIA Standard N.Y.B.T.U.Form 8002-Bargain and Sale Deed,with Covenant against Grantor's Acts—uniform Aclmowiedgment Form 3290 Received TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW rYOR ST . 25 County Suffolk ;?pinrg Board of Appeals State of New York, of SS: State of New Yo ou of SS: On the day of 4"MIL in the year 2010 On the day of in the year before fiAINA LORA nd,personally appeared before me,the undersigned,personally appeared personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s)whose name(s)is satisfactory evidence to be the individual(s)whose name(s)is (are)subscribed to the within instrument and acknowledged to (are)subscribed to the Within Instrument and acknowledged to me that helshellhey executed the same in his/her/their me that he/she/they executed the same in his/her/their capacity(tes), and that by his/her/their signature(s) on the capacity(les), and that by his/her/their signature(s) on the instrument the Ir4h1d al(s),or the person upon behalf of which instrument,the individual(s),or the person upon behalf of which the individual(a)acted culed the instrument. the individual(s)acted,executed the Instrument. (Signature an Ice of individual taking acknowledgmcnt) (signature and office of Individual taking acknowledgment) JAMESSPIESS F1m f s SPi E ss Notary public,Slate of New York No.41-475a392 Qualified In Queens county. L CommLvlon Explrm March W.ad([F TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK S-TATTE State(or District of Columbia,Territory,or Foreign Country)of ss: On the day of in the year before me,the undersigned,personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) Is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument,the Individual(s),or the person upon behalf of which the individual(s)acted, executed the Instrument,and that such Individual made such appearance before the undersigned in the In (insert the City or other political subdivision) (and insert the Slate or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgment) BARGAIN AND SALE DEED SECTION 117.00 WITH COVENANT AGAINST GRANTOR'S ACTS BLOCK 07.00 LOT 031.000 Title No. COUNTY OR TOWN 1000 ANNA LORIA, as Trustee STREET ADDRESS TO Recorded at Request of PHILIP LORIA COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS JAMES SPIESS, ESQ. Distributed by MENULTY—SPIESS, P.C. 214 Roanoke Avenue NLandAmerica P.O. sox 757 Commonwealth Riverhead, New York 11901 Commonweafth Land Title Insurance Company RESERVE THIS SPACE FOR USE OF RECORDING OFFICE Received SCHEDULE A DESCRIPTION OF PROPERTY JAN 2 7 2025 SCTM NO. 1000-117.00-07.00-031.000 Zoning Board of Appeals ALL that certain piece or parcel of land, situate, lying and being at New Suffolk, in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of First Street distant 100.37 feet northerly of the intersection formed by the northerly side of King Street and the easterly side of First Street; RUNNING THENCE North 6 degrees 59 minutes 10 seconds East along the easterly side of First Street 100.33 feet to a point; THENCE South 83 degrees 41 minutes 50 seconds East along land now or formerly of Onody 51 feet more or less to the ordinary high water mark of Peconic Bay; THENCE in a southerly direction along the ordinary high water mark of Peconic Bay 100 feet more or less to land now or formerly of Flurry; THENCE North 83 degrees 41 minutes 50 seconds West along land now or formerly of Flurry 71 feet more or less to the easterly side of First Street, the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises as were conveyed to the party of the first part by deed dated March 17, 1989 and recorded in the Suffolk County Clerk's Office on May 16, 1989 in Liber 10857 page 225. m x W 0tl*V.1- J' `i r4 F ICE LADCA�nON: �► �/j MA1L1NG 4DDFESs_ l� Tovrn tiaii Annex 1d j P.O.Box 1179 �54876 Rd. Routes Southold,NY 11971 faQr,�dtsin Rd. d�Youngs Ave.) Southold,NY 11971 _ Telejihme:631 765r1938 JAN 2 7 2025 LOc�>G w T=F'RONT REvrr ��olv p>�a9> TOWNQFSOUTHOLD oning Board of Appeals MEMORANDUM RKENE `f W .zoz� To: Leslie Weisman,Chair Members of the Zoning$oard of Appeals Zoning Bo0C of A ►eaL4 , From: Mark Terry,AICP Assistant Town Planning Director LWRP Coordinator Date May 21,2021 Re: LWRP Coastal Consistency Review for ZSA File Ref11►1E>�L_ IlP ,+flIiIA749$ SCUM 1000-117-7-3 1, PHFLIP LORIA#7498-Request for Variances front Article XB,Section 280-18, Article III[,Section 280-56; and the Building Inspector's February 5,2021 Notice of I3isappmvaJ based on an apphcaban for a permit to consh'vct a duw story single family dwelling;at 1)located less than the node required front yard setback of35 2]located less than the cads:required rear yard setback of 35 feet;3)located less than the minimum side yard setback of 15 feet;4)mom than the codepelmitled maximum two stories;located at: 1090 Firs!Street,lvew : - Su#fok NY.SCT.M No. 14t3[1-117-7-31. The proposed action has been raviewed to Chapter 268, Waterfront Consistency Review of the Town of$outbold ; Town Code and the Local Waterfront Rewitalizatian Progasrr(LWRP)Policy Standards. Based upon the itsfvrmssion provided on the LWRP Consistency Assessrnent Form Submitted to this department,as well as the records available to ore,it b,soy recommendation that the action is INCONSISTENT with the below listed Policy Standards and therefore is INCpNUSTENT with the LWRP. Palk y I. Foster ar pattern of deveiropmwnr An the Town of Sourko'Id rka t enhances•ante mu.nhy character, prese"ex open .spore, nsafrrs a>fU`-rfenr use of wfnxs&Ncrnre, retakes benefwkd use of a Coastal locwLon,and m1mrnizes adverse efferls of deveiopment. The proposed front yard setback to tM sand easement is 15.7 feet_ It is was reported that the seaward limit of the property is landward of the"sand easement". Although it is recognized that the proposed construction more than the code permitted 2.5 stories is -- proposed to render the structure flood zone complaint, it is unsupported, Structure on lots adjacent to the Peconic Bay are vulnerable to wind and wave exposure during storms including hurricanes. Inundation of the parcel is expected in all categories of a Hurricane(SLOSH). Structure in these locations 5 Could be m irimizcj and not exceed the bulk schedule requirements. Development that does not reiriort a the traditional land use paaern of the Town of Southold conflicts with this policy. Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shvfl consider this rw mmawadon in preparing its written datemination regarding the cowisicney of the proposod action. JAN 2 7 2025 Cc: William Duffy,Town Attorney Zoning Board of Appeals -7LIgi Z ftc- 'i j()f Apowls REMVEp '7L(g6 MAY 2 4 zp j Policy 43. Mlnim*e fosses of human life andstructmFes front flooding and erosion he= n j ng 13Mrd DfAPlaeals The follvwfng managemertt measatres to minimize irises of h1u ma life and strut J and erasion hazards are recommended—specifically mended. spec jcally � � (07' AL Mmimize pownhallom and""age by lo=ing development and st Mures EIAN 2 7 2025 away fromfloodtng and erosion hazards. The subject parcel is located within the FEMA flood zone VE el 8(veloc °snd�the Appeal remainder area is located within the flood zone AE el b(see Figure 1, below).Both flood zones pose a high flood risk. The VE flood zone is an area inundawd by 1%anttual chance flooding with velocity bazard(wave action), ALE mapped properties have a 1 pmrent annual chance of flooding and a 26 percent chance of flooding over the life of a 30 year mortgage. Rtiw.a...s.�x4 Figure I. Subject pamei showing flood zones. Tate ilA system septic tank and drywelts shown on the.survey(October 24,2017)arc located within the VE flood zone and this is a concern. The effect of potential flooding and the function on the tank and drywells is unknown- The depth to groundwater has not been provided, it appears that the size of the single-family residence dictates the location and setbacks of the rank and drywells_ Chapter 275 Wetlands and Shorelines of the Southold Town Gods nequines the following setbacks to protect environmental quaJiry. 1. Septic tank 75 feet 2, Sanitary leaching pools 100 foes To protect life and property during storm events from wind and flooding, it is recommended to minimize and locate structures as far from the Peconic Bay to the greatest extent practicable- The proposed 2)located less than the code required front yard setback of 35 feet 3)located less than the minimum side yard setback of 15 feet is EXEMPT from LWRP Coasts!Consistency Review, PDF.js viewer 1/7/25,4:15 PM FORM NO.3 REMM TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. Zoning Boa Rf NOTICE OF DISAPPROVAL Zoning Board 2Afol DATE: February 5,2021 TO: Nicholas Mazzaferro(Loria) PO Box 57 Greenport,NY 11944 Please take notice that your application dated December 10,2020: For permit:to construct a three-story single-family dwelling at: Location of property: l 090 First Street.New Suffolk.NY County Tax Map No. 1000- Section 117 Block 7 Lot 31 Is returned herewith and disapproved on the following grounds: The proposed residential construction.on this 6.170 sq.ft. lot in the M1I District.is not permitted pursuant to Bulk Schedule which requires a front and setback of 35 feet.a minimum side yard of 15 feet and a rear yard setback of 35 feet. The plan shows a front yard setback of 9.5 feet. a minimum side yard setback of 10,2 feet and a rear yard setback of 15.7 feet. In addition,the construction is not permitted Pursuant to Article X11,Section 280-18. which allows the maximum Rermitted stories at."..'I. The plan shows a tlu•ee-story dwelling. r. i Authorized Sign ure Note to Applicant:Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: me,Z.B.A. http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A°/u2F°/a2...D1049836%26dbid%3D0%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 1 of 44 PDF.js viewer 1/7/25,4:15 PM Fee:S Filed By: Assignment No.- AC APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, a AREA VARIANCE ] House No. I 0 90 Street 154 SLr-A Hamlet e� s '..,AN N 27 ,40, P SCTM 1000 Section Rn Block�_Lot(s)� re (.0 � Lot Si �1y T1 e. $ arti l� I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING IN PI.0 1 OR DATED 't�� S� � { BASED ON SURVEY/SITE PLAN DATED ►- 1,, `W Owner(%):Mailing Address: '� 6 — wil of Lo-*e- W 2 5 , ltciUl r + Telephone: Gal 'LW-%41FSx: Email: NOTE:In addition to Eim above,please complete below if Application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of persun who agent rrpresents: Name of Representative: 0 f t-\t-- fkA-1:L --N U for( Owner( )Other: Address: \ e G4 Telephone: Email;--� Email: ni e-V MA-Ma Please check to specify who you wish eorreepondeace to be mailed to.from the above names: Applicant/Owner(s), 0 Authorized Represen(ative, ( )Other Name/Address below: WHEREBY TREBUILDING INSPECTOR REVIEWED SURVEYISITEPLAN DATED and DENIED AN APPLICATION DATED 1 7.1 FOR: (}�Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction O Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Q Article: -L(10 Seetinn: S(o Subsection: M` kAAkV1k-Js q D1& r-AJJC Type of Appeal. An Appeal is made for: Qc)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 { )Revers 1 or Other Apriorappealt has, Ilas not been made at any time with respect to this property,UNDER Appeal No(s). . 0 Year(s). J� � ,j'Plearehuxure to research before completing this question or can our office for assistance) Name of Owner: ZBA File# Yil5(2 _ Ybs�,t l-� Se tM Zoo — -cam 4 http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A%2F%2...D1049836%26dbid%3D0%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 2 of 44 PDFJs viewer 1/7/25,4:15 PM Reason for Anoeal �qa� Section 280-56 M11 District-Bulk Area,and Parking RegulationsFI-Yeceiv ed 1—An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby ! properties if granted because: < AN 2 7�2025 The location for the new structure has greater setbacks than the adjacent structures on the properties in both directions along First Street from King Street(south)to Orchard Street(north), The proposed deign ii>coFrlroaWw i , p 2 280-104/Paragraph A. 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: This lot has existed since May of 1923(see S&S report copy attached)and is not large enough to accommodate current setbacks.The structure has been positioned to create ample open space around the perimeter while providing room for .he-ins:a;iarlon of:an ijAsep,lc Syst-m and.oprimizing the on-site parking. 3—The amount of relief requested is not substantial because: The location for the new structure has greater setbacks than the adjacent structures on the properties along 1"Street. The front and rear yard setbacks total 25.2 feet which is 50%of the overall lot depth.The side yard setbacks total 40,2 feet which is 40%of the overall lot width,although offset,this exceeds the overall side yard requirement.The structure location was selected to optimize property use and create open space all around the building. 4—The variance will not have an adverse effect or impact on the physical or environment conditions in the neighborhood or district because: This variance allows a single family residence with conforming lot coverage to be constructed on the site.This use is absolutely the least intrusive on the neighborhood and environment considering the allowable uses in the M11 district. Allowable uses include Mariana and Boat Servicing Facilities,two examples with much greater impacts. 5—Has the alleged difficulty been self-created? { )Yes {X)No Why? This lot has existed since 1923 and according to Section 280(Attachment 5)Bulk Schedule AA there are no requirements for Lot Size,Width or Depth.Since there are no dimensional requirements for the lot,the issues created by enforcement of yard setbacks are a result of the Towns newly established regulations,not the lot owner's actions. Are there any Covenants or Restrictions concerning this land? (X)No {}Yes This is the MIMINUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. _ rd /tQ � ti'� Sworn �t/o�before me this 23 day Signature of Applicant 6rUhorlzed Agent of IY LQ-1,7 JA 20� Notary Pu is 1���7J3Z�E C�n7�1 �lolary r�:iiC,$wits'j'�';v Yotk quatiliedin 61gQvw..v 1 J4.20Y CammlS�vn i:xp' http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A%2F%2...D1049836%26dbid%3D0%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 3 of 44 PDF.is viewer 1/7/25,4:15 PM Reason for Appeal --- Section 280-18-M11 District-Bulk Area,and Parking Regulations,Number of Stories —An undesirable than a will not be produced in the CHARACTER of the neighbor or a¢etrjm'ept to nearby 1g p 8 properties if granted because: Received The building size and height are code compliant and the overall structure will not require any_changes ifthe variance is not granted.This variance is required because the NYS Code definition of a stare is based upon a finis*"J-r7uiW and not space that is able to be occupied. This variance refers to a floor covering that is completely on the interior of the structure and not visible to the neighborhood or nearby properties. Zoning Board of appeals 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 alternative is to leave a soil floor.This creates a structure that is energy inefficient and potentially a health hazard due to insect and rodent Wesianon. 3—The amount of relief requested is not substantial because: This variance does not impact the overall structures dimensions or height.The result is not visible from the street, adjacent properties or neighborhood. By design this level will exist,it is only a matter of whether a covering is allowed that improves the energy efficiency,environmental aspects and health and safety conditions of the structure. 4—The variance will not have an adverse effect or impact on the nhvsical or environment conditions in the neighborhood or district because: This variance refers to a floor covering that is completely on the interior of the structure and not visible to the neighborhood or nearby properties.The result of the variance will be 100%contained within the structure and only related to this property.There is no impact beyond the building perimeter. 5—Has the alleged difficulty been self-created? { }Yes {X}No Why? (See additional info on attached page.) Are there any Covenants or Restrictions concerning this land? {X}No {}Yes This is the MIMINUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community- Sworn to before me this a3 day Signature of Applica horized Agent of 0 I 1 rx_n Qn ,20_L9L- Notar 6PU •c !FA,ni` ,R'EM.n0N '*Al i,y Pulhiic',Sale of New York No,01 GD625'12.18 �lfiE d in SLA?e County p 2 n Expires Nove,:uer 14,20`-.J http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A%2F°/u2...D1049836%26dbid%3D0%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 4 of 44 PDF.is viewer 1/7/25,4:15 PM A 5—Has the alleged difficulty_been self-created? f 1 Yes fX}_No Whv? Additional Information: This variance is needed because of the definition of"Story" used by the NYS Code.By�definiViogX,afiR 5'he�flo r"is the driver for creating a building story of a structure, not the actual conditioned,occupied spaceReceive For this design the garage floor(at grade)is creating a situation where the overall structured'is;Ggr�s,2?Jt1tJhree stories,Vet the lowest level is not space available for occupancy. JJAA�IVv The variance is requested for the following reasons: Fn Board aj Appeals 1) The structure is located in an A/E Zone [6)with a WE Zone[8]located on the same parcel immediately adjacent to the proposed structure. 2) The structure was designed anticipating future climate conditions with the first floor Elevation at[14]. It is noted that FEi`:i:A and NYSDEC ate.,ise that Designs,if possible,should consider the requ,rerf oase elev�t!ons af!d add additional height.This was done because of the proximity to the WE Zone and the ability to maintain the overall building height within code. The overall building height is 35 feet,in compliance with the Town Code. 3) The first level of the structure is Unconditioned,Non-Occupied Space. It has area openings as required by FEMA and NYSDEC to allow water flow in case of rising storm tides. 41 The overall structure complies with the NYS and Town Codes and would be built exactly as sized even if the garage floor was eliminated and left as soil. 5) If the garage floor was made of soil adverse environmental conditions would constantly exist in the structure. A soil floor allows insects and rodents to readily infiltrate the house. The humidity and temperature effects associated with open soil conditions would create a bad interior environment and have a detrimental Impact on the structures'energy efficiency. Therefore,this variance is actually requesting permission to install a concrete slab that improves the environmental health,and energy efficiency of the structure.There is no additional space being created and the overall size of the building is code compliant and will not change based upon the floor covering. rra Sworn to before me this day Signature❑ o,cant or Authorized Agent of 204— Notar Pub l�14i9^purlic Stale ul}is%V YGfk Piv.fliGf�2::�738 �; CZua;ifid in 5u 'ti::county , C,r;,mss=irn Erir75 Navalrter 14,20� http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A%2F%2...D1049836%26dbid%3DO%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 5 of 44 PDF.js viewer 1/7/25,4:15 PM APPLICANT'S PROJECT DESCRIPTION �A _ p 21 APPLICANT: l'�l�-ZtxV,'1140 DATE PREPARED: 1.For Demolition of Existing Building Areas Please describe areas being removed: ��(oe Rec' elVed c II.New Construction Areas(New Dwelling or New Additions/Extensions): It Dimensions of first floor extension: G [71��d� k Z� f�e2 Zoning Board of Appeals Dimensions of new second floor: (no' W-, 'x 5 e e _ Dimensions of floor above second level: o"A Height(from finished ground to top of ridge): e-e'F Is basement or lowest floor area being constructed?If es,please rovide i eight(above growad measured from natural existing grade to first floor: 7.c S - Q�Qy M.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: �,n Number DfFloors and General Characteristics BEFORE Alterations: A Number of Floors and Changes WITH Alterations: IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage ofbuildings on your property: a Proposed increase of building coreraye: Square footage of your lot: (p 19 a Percentage of coverage of your lot by buildi area: 2 Z 176 V.Purpose of New Construction: k)*--,7 �j�'U.�� FOVVw"t `r!{� 1t r51 OLoS/Y�t { (Z p �tN %0. QJ 0- f- `]r}��EY ��y 5 C1• �1/n2�� 1Y iL� C� 4�c 0.C14 7 Q. . CO & , �q 1 C t) Qd. d..f0.1,t kC V im. Cr S r— t 11 RC F 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 lreq`uirement(s): 0.NA� &k Please subn:it h�'sets ui-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 http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A%2F°/a2...D1049836%26dbid%3D0%26repo%3DTown0fSouthoId%26pdfView%3Dtrue Page 6 of 44 PDFJs viewer 1/7/25,4:15 PM QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes _X_Nn JAN B. Are there any proposals to change:or alter land contours? _ . �C No Yes please explain on attached sheet. s Board of Mppe lt' C. 1.)Are there areas that contain sand or wetland grasses? - 4"J etaSow ftj k-�k'SM ue 2.)Are those areas shown on the survey submitted with this application? Ye!;, - ►+ld't 1Akd Odavt_ N% 3. Is the pro e b k cade I betwee the wetlands a ea nd the upland building 0� 'S1zt area? �5 �Q_(.� a CT - 4.)If your property contains wetlands or po areas,have ynu contacted the Office of the Town trustees for its determination of'uric action? S Please confirm status of your inquiry or application with the Trustees: �,n i V It V,7 and if issued,please attach copies of permit with conditions and app ed surve . D. Is there a depression or sloping e119vation near the area of proposed construction at or below five feet above mean sea level? PJ 0 E. Are there any patios,concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?�c JPlease show area of the structures on a diagram if any exist or state none on the above line. F. Do y(�Lu have any construction taking place at this time concerning your premises? t, J a 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? r" If yes,please label the proximity of your lands on your survey. ' 1 J I. Ple a list present use or operations conducted at thisparcel V mr_ p c�c and the proposeduse Gwi ' �y (ex:exi ing single finrlily,proposed:same with gauge,pool or other) /_'. u t A http://24.38.28.228/WebLink/PdfViewer.aspx?file=http°/`3A%2F%2...D1049836%26dbid%3D0%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 7 of 44 PDFJs viewer 1/7/25,4:15 PM AGRICULTURAL DATA STATEMENT ZON[NG BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM:This form must be completed by the applicant for an eci9 _r permit,site plan approval,use variance,area variance or subdivision approval on pr 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 MVa Department of Planning in accordance with Section 239m and 239n of the General Mun Law. Lr Zoning Board of Ijgp a1s 1. Name of Applicant: Q 1�k a.S t" 2. Address of Applicant: -S ipoA, 3_ Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 'S1 L.ty.� I.av`e r tieQ l G` 5. Description of Proposed Project: 6. Location of Property- (ro d and Tax map number) 1 SID Y.� ,0-J Zr.,�) b�v<<r 7. Is the parcel within 500 feet of a farm operation? ( } Yes M No 8. Is this parcel actively farmed? { ?Yes �4 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 the b of this page there are additional property owners) Signature of Applicant f Date Note: f 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. http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A%2F%2...D1049836%26dbid%3DO%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 8 of 44 PDFJs viewer 1/7/25,4:15 PM Fiece ved Advantage Tide Agency Inc. BAN 2 7 202� Ve hereby certifies to: TOWN OFSOUTHOLD Zoning Board of Appeals AND PHILIP LORIA That a search has been made for a chain of title of the premises in Parcel A(subject premises) and for a chain of title for each parcel adjacentto said Parcel A from July 18, 1983 to date. The purpose of this examination is to determine if any contiguous property was owned by an owner of the subject premises since the date of any previously applicable zoning ordinance as of July 18, 1983. Subject premises has been held in single and separate ownership since July 18, 1983. This affidavit is made to assist the Board of Zoning Appeals of the Count of Suffolk to reach any determination which requires as a basis therefore, the information set forth herein, and knowing full well that said Board will rely upon the truth thereof. No searches have been made other than as expressly stated above. The Company's liability under this Certificate shall only be to the party to whom it is certified and such liability shall under no circumstances exceed the amount of Twenty Flve Thousand Dollars ($25,000.00) for•any reason and no policy of title Insurance can be issued based upon the information contained In this Certificate. First American Title Insurance Company (See letter annexed hereto.) ADVANTAGE TITLE AGENCY, INC. Kathy Randa Executive Vice President Sworn to before me this day of 20j2 A LICE GORMAN Notary Public t4otary public.stato Of i-iLt.r York No,01.GG6070980 Qualified In suflolk COLuA Y Cnmmirslan Expires March 1L 20 Title No.: SSA-483099-20 Reference: 1090 First Street <- Effective date: December 10,2020 at 9 a.m. 531.424,e140 e advoniagetillexom OI.D COON TSY P20.STE 200 245 PARK AVENUE 20 WEST MAIN ST9EE.T 2 tv 10)"0M!LANE UE!IPUE, NY 11747 �. FJEW YOF(F.,IVY 13167 RIVEPHEfiD, f.'t 1?901 -,AS)-H4MPTON,WJ 11937 http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A%2F°/u2...D1049836%26dbid%3DO%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 9 of 44 PDF.js viewer 1/7/25, 4:15 PM Page 2 of 12 1 � SSA-483099-20 PARCEL"A" Sublect Premises District 1000,Section 117.00,Block 07.00 and Lot 031.000 Received i ` DEED JAN 2 7 2025 N.S.Ackerly&Son Company Dated: May 15, 1923 Zoning Board of Appeals Recorded: May 31, 1923 to uber: 1072 John E.Sullivan Page: 316 NOTE:Covers premises and more. DEED John E.Sullivan(unmarried) Dated: August 11,1928 Recorded: September 29,1929 to Llber: 1383 Son-Rise Corporation Inc. Page: 101 First American Title Insurance Company (See letter annexed hereto.) ADVANTAGE TITLE AGENCY, INC. Kathy Rat idU44q a J Executive Vice President Sworn to before me this 21 day of Notary Public Notary Public,Sate of New York No.01Gp6070960 0"ali4jed in Sufclk Cc Commyr=san Expires M�.r4 0 ?o http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A°/u2F%2...1049836%26dbid%3DO%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 10 of 44 PDFJs viewer 1/7/25,4:15 PM Page 3of12 SSA-483099-20 V • PARCEL"A" v Subject Premises District 1000,Section 117.00,Block 07.00 and Lot 031.000 DEED ', geive Paul V.Reutershan as Deputy Treasurer of the Dated: April 17, 19 County of Suffolk,State of New York JAN fi 2025 '1�"� Recorded: April 19, 1940 to Libee Zoga Board of Appeals Morrison G.Wines Page: 293 NOTE: Mary E. Wines, as surviving spouse and Executor under the Last Will and Testament of Morrison G. Wines died on June 9, 1969,Suffolk County Surrogate's Court File No. P944/1969. NOTE: Stephen F. Griffing,Jr., Executor under the Last Will and Testament of Mary E. Wines, who died on March 3, 1980,Suffolk County Surrogate's Court File No.91 P 1981. NOTE: Petition filled May 4, 1983 as Serial No.294251, in the Matter entitled, "Anna Loria, Petitioner and The People of the State of New York and Stephen F.Griffing,Jr., as Executor of the Estate of Mary E.Wines, deceased, and the Attorney General of the State of New York, Defendants", requesting that an order be made directing the Registrar of the County of Suffolk to cancel Certificate No. 6111 and issue a duplicate Certificate to Anna Loria direct. NOTE: Matthew J. Martin and Vincent P. Martin conveyed premises to Anna Loria, dated August 29, 1974 and recorded on September 4, 1974 in Liber 7707 Page 400. NOTE: Petition filed August 26, 1983 as Index No. 8695/1983 as Serial No. 296660, Certificate No. 120,742 directs the Registrar of the County of Suffolk to transfer the new Certificate of Title to Anna Loria. First American Title Insurance Company (See letter annexed hereto.) ADVANTAGE TITLE AGENCY, INC. Kathy Randazzcd Executive Vice President Sworn to before me this day of 20,Zj. Q � , Notary Public .:::aye ar No.01GOd07J9PO ouaimrain suaou-Coin Ccmnlli:ian E:%4Hre:s:,n..rch 11.20 http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A%2F%2...1049836%26dbid%3D0%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 11 of 44 PDFJs viewer 1/7/25,4:15 PM Page 5 of 12 SSA-483099-20 PARCEL"A" Subject Premises District 1000,Section 117.00,Block 07.00 and Lot 031.000 LAST DEED OF RECORD Anna Luria,as Trustee of the Anna Loria and dated: October 26,2010 Salvatore Loria Revocable Trust dated March 14, 1989 Recorded: November 17,2010 to Llber: 128Pceived Philip Loria Page: 326 lAN 2 75 Zoning Hoard 01 Appeals First American Title Insurance Company (See letter annexed hereto.) ADVANTAGE TITLE AGENCY, INC. Kathy Randazz J Executive Vice President Swom to before me this I day of Notary Public �. Notary PuU1ir- 9caLP❑17n New York 14,.D1GG6A4co cS",1;1;-d in t.,f�tk County- Cemrmr.::ii^.n�:;ur-•:.=r^h 31.7.0 http://24.38.28.228/WebLink/PdfViewer.aspx?file=http°/u3A%2F%2...1049836%26dbid%3DO%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 12 of 44 PDF.js viewer 1/7/25,4:15 PM Page 4 of 12 SSA-483099-20 PARCEL"A" Subject Premises District 1000,Section 117.00,Block 07.00 and Loft 031.000 JAN. 2 7 Z025 TORRENS CERTIFICATE Zoning Board of AppealS Arthur J.Felice, Registrar,of the County of Dated: July 18, 1983 Suffolk Recorded: July 27, 1983 to Certificate No. 120,742 Anna Loria Serial No. 296660 NOTE:Transferred from Torrens Certificate No. 6111, to the Suffolk County Clerk on July 13, 2001 under deed recorded in Liber 12129 Page 488. DEEP Anna Loria,joined by her husband Salvatore Dated: March 17, 1989 Loria Recorded: May 16, 1989 to Lfber. 10857 Salvatore Loria and Anna Loria,as Trustees of the Salvatore Loria and Anna Loria Revocable Page: 225 Trust dated March 14, 1989 First American Title Insurance Company (See letter annexed hereto.) ADVANTAGE TITLE AGENCY, INC. IL i` -71, � Kathy Randazzo d J Executive Vice President Sworn to before me this day of Notary Publi Notary pu1?1ie,St to of i4ew York http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A%2F%2...1049836%26dbid%3D0%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 13 of 44 PDFJs viewer 1/7/25,4:15 PM 617.20 Appendix B Short EnWronmental Assessment Form I Instructions for Completing .-..,� Part I-Project t1dermation. The applicant or project sponsor is responsible for the comps on of Part I. Responses I) becamepad of the application for approval or funding,are subject to public review,and may be subject to f ru Ica q: C_..sy�i r f' i on in ;+n ct-rrrtk2 avar�'e. If additional researcb aim esiigarion=kini':d be d t Ft�• [ reVoM to my Wern,please m ver as thoroughly as possible based on currwit information. I of Appeals Caaplatall items in Part 1. You may also provide any additional information which you believeU llg KOr use to the lead spxtcy;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information N1�ofAction or Proj ect:►k t �s' L{y� t� — �t,",<�,wk Project Locat{ p io{nN describe,and attach a location map): 1�at ltJ ��f S� �C��' 1\)p W EFnef Desctipt ion oFProposed Action: l+lamt ofR lianaor5 nso Telephone- - 5 PP ll po [ r 5�b' a n� 1V;[:l,lovl - Man-a�AYi7. C' lsivlaik Krc�JA�GXZ-0 er(ua 0-1, ICA Aft - -� 1.Does dw proposed actioh only involve the legislative adoption ofa plan,local law.ordinance. I NO YES administrative rule,or regulation? N71 ❑ If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be af&cied 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 d pettnit or approval: 1 _ a J�1��. (�� -� Sn� a �rl�cl i� 1�1�b gl �b {� „ ❑ 3.a Total acreage of the site of the proposed action? a acres b.Total acreage to be physically disturbed? +D acres c.Total acreage(project site and any contiguous properties)owned or eovuatled Iry the applicant or project sponsor? a_•�.� acres [4. Check nl l land uses that occur on,adjoining and near the proposed action. - ❑Urban ❑Rund(nan-agriculture) 2SIMustrial ❑Commercial j�Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify); -_---_ -, ❑Parkland Pagel of4 http://24.38.28.228/WebLink/PdfViewer.aspx?file=http°/o3A°/`2F%2...1049836%26dbid%3D0%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 14 of 44 PDF.Is viewer 1/7/25,4:15 PM 5. Is the proposed action, - NO YES 1 NJA a A permitted use under the zoning regulations? i ❑ ® ❑ b.Consistent with the adopted comprehensive plan? 6- Is the proposed action consistent with the predominant character of the exist'kpg built or natural 3�10 YES landscape? i a 7. Is the she of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO ITS IfYes,identify; _^.__. -V---• -- I ,�, I_j 8. a-Will the proposed action result in a substantial increase in traffic above present levels? P10 I YES He ❑ b.Are public transportation service(s)available at or nearthe site of the proposed actio ® ❑ st ryry c.Are any pedestrian accommodations or bicycle routers available on or near site of the p erl!+adl 02 1.Does the proposed action meet or exceed the state energy code mquf rements? NO YES If the proposed action will exceed requirements,describe design features and techM 0FN Board Of Arlonals Ful NJ 10, Will the proposed action connect to an existing public/privatewater supply? NO YES If No,describe method for providing potable water__ ___.___ - __ ❑ 11.Will the proposed action correct to existing wastewou utilities? NO YES � 51,E iii -- —- If No,dcc��be method for providing wastewater treahn ire uo �rC eni~ -- -- + -_ --- � I ® i ❑ • 12. a.Does the site contain a structure that is listed on either the State or National Register of Histotic NO YES Pla=7 ® ❑ b.Is the proposed action located in an archeological sensitive area? 13,a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain No YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Wand the proposed action physical ly alter,or encroach into,any existing wetland or waterbody? �� ❑ If Yes,idetrtify the wetland or waterbody and extent of alterations in square feet or acres: 14. ldenfify the typical habitat types that occur on,or are likely to he found on the project site. Check all that apply: �Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional Wetland ©Urban ❑Suburban 15.hoes the site of the proposed action contain any species ofi animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? .mil ❑ ti6_Ls tivc psojeet site located in the 1 Q0 year flood plain? No YES 17.Will the pmpased action create storm water discharge,either from paint or non-point sources? 140 YES if Yes, I a_Will storm water discharges flow to adjacent properties? ONO OYES b.Will storm water discharges be directed to established conveyance systems(runoffand storm drains)? If Yes,briefly describe: [:]NO ®YES Page 2 of4 http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A°/`2F°/a2...1049836%26dbid%3DO%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 15 of 44 PDFJs viewer 1/7/25,4:15 PM oainsmmfion or other activities that result in the impa6ad-mep,of NO f VXS i (e-g.ngention pond,waste lagoon,dam)? IfVes,,a4aWm popowand sizr. 19.114ulbefft pwposed actkm or an adjoiningproperty been the location ofan active or closed NO YE 21D,Hweneftoftheproposed action or an adjoining property been The subject 0fren1edIetk(tngJ1neor NO YES czqpkmM ft hazardous waste? JfYcs,desmibe- JAN 2 7 2025 Jeals I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Date; ate; ir- 3, _J Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the Information contained In Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact Impact may may 6=10T occur I. Will 0-te proposed action create a aiateYlal conflict with an adopted land use plan or zonmg rewAstiono 2. will the proposed action result in a change in the use or intensity of use of land? EJ ❑ 3. Will the proposed action impair the character or quality of the existing community? El 1:1 4. Will the proposed action have an impact on The environmental characteristics that caused the ❑ D establishment of 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 ofenergy and it fails to incorporate FI F reasons Ay available energy conservation or renewable ever oeportunftieS? 7. Will the proposed action impact existing: a.public I private water supplies? F] b.public/private wastewater treatment utilities? ❑ ❑ S. Will the proposed action impair the character or quality of mpMant historic,archaeological, F] 0 firellitecturai 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 http://24.38.28.228/WebLink/PdfViewer.aspx?file=http`/`3A`/`2F`/`2 1049836%26dbid%3DO%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 16 of 44 PDF.js viewer 1/7/25,4:15 PM 1tfo,or Koderate 3ma11 to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage ❑ psobkWd? _ _ 11. Will the proposed action create a hazard to environmental resources or human healtV r Ell ❑ Part 3-Determination of slgnifialnce. The Lead Agency Is responsible for the completion of Part 3. Far every question in Part 2 that was answered-ntodrrate to large impact may occur',or if there is a need to explain why a particular element ofthe proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identity the impact,including any measures or design elements tf�i,�v b �by the pmkectsponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency der Fiet a nh act f Q'(� may ormilI not be significant.Each potential impact should be assessed considering its setting,probobility,Of occurring. `�i j]L�J duration,irreversibility,geographic scope and magnitude. Also consider the potential for shrt¢ 2�2t, 1. E cumulative impacts. 71" ! Zoning Board of Appeals i + Check this box if you have determina 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 ifyou have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town or Southold-Board of Trustees ----Name of Lead Agency Date President __ .— Print or Type Name of Responsibe offi lcer in Lead Agency Title of Responsible Officer Signature ot'Responsible Officer in Lead Agency Signature of Preparer(irdifferrnt from Responsible 43friicer) PRINT Page 4 of4 http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A%2F°/a2...1049836%26dbid%3D0%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 17 of 44 PDF.js viewer 1/7/25,4:15 PM Town of Southold A,,, LWRP CO NASTETIKY ASSESSMENT FORM JAN 2 7 20 5 A. INSTRUCTIONS Zoning Zoning board v�' p�QaEs 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a detf-mi-ination of consistency. '*Except mirror exempt actions i►wluding Building Permits and other ministerial permits not located wvithin the Coastal Erosion HwwrdArea. 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 s',M ream beneficial and adverse effects upon the coasral area(which includes all of Southold To)D-). 3. If any question in Section C an this form is answered"yes" or`moo",then the proposed action will affect the achievement of the LWRP policy standards and conditions contained is the consistency review law. 'Virus, each answer must be exu3ained in detaais listing both sup;aarting and norms s ti g-racts, If an action cannot be certifiod as consistent with the LWRF policy standards and conditions,it shail not be undettalcen. A copy of the LWRP is available in the fallowing places: online at the Town of Southold's website(sotttholdtown.northforkmet),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. lDFSCPON OF Sl1TE AND PROPOSED ACTION SCTmif��- - �) ) PROJECT NAND_�Q�� � At c, _� vJ jV4 \V P f The Appliication has been submitted to(check appropriate response): Town Board ® Planning Board El Building Dept ZI Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital 0 constrocticA planning activity,agency regulation,land transaction) (b} Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,cartificatinn_ M Nature and extent of action: Cull,L DNN U _ �(Ir nrk http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A%2F%2...1049836%26dbid%3D0%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 18 of 44 PDFJs viewer 1/7/25, 4:15 PM Lmatlon of acfioa: 4� ��?� She acreage: Present land use: - Present mining classification- 2. If au application for the proposed action has been filed with die Town of Southold wing information sha11 be provided: (a) Name of applicant: ]� i C�O�a. a� �'R'1` p� L,`'�?Y afd of I�p ec+la (c) Telephone number.Area Code( ) ��b y 5'� 5 I XJ (d) Application number,if any: !V!A - Vial the action be directly=&rtak=,require funding,or approval by a su tC or federal agency? yes El No N If yes,which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will farther each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Soouthold that enhaum eommwldty Character, preserves open apace,makes eflicie-at use of infrastructure%makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRF Section III-Policies;Page 2 for evaluation criteria. NYes -E1 No Not Applicable Attmch addittowl sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section M-Policies Pages 3 through G for evaluation criteria tJ Yes 1-1 No Z Not Applicable http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A%2F%2...1049836%26dbid%3DO%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 19 of 44 PDF.js viewer 1/7/25,4:15 PM Attach additional sbeeb if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 0 Yes ❑ No❑ Not Applicable Raceiv.ed lice. {� St l c� CV}. fi^v V'i J' L v, U 1 0<7 P, t c " r cd 7�1"'I!,u w� o �•tal 1ew,ti Zonings oars Attach additional shoots if nemmary NATURAL COAST POLICIES Policy 4. 1V uhnize loss of life, structures, and natural resources from flooding and erosion. See I" Section III—Policies Pages 8 through 16 for evaluation criteria ® Yes No ❑ Not Applicable ;l b Eti. 'f�`�'�' �"cU--= �c • !r �17�' c,sz, �,�c v A.�,i L C�r.ry-r� •t7 � -r•'►� 1�„-C. Cam' Attach addidand dmb if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold.See LWRP Section III —Polities Pages 16 through 21 for evaluation criteria 0 Yes ❑ No ❑Not Applicable `� •.c- �-a?1!e.�. � a !S �� e r� a{ / �. +tea _�` �, ,•�� 5, � •�,r w �rr a� W: 'I�.c. � `..����4 �h �"�Ln1�� v�t•ai VSR. C} U It 1�s � .t. `ftiLrr`. Cr•". 2C -L�O�� Attach$dditaa shoe,if accessary Policy 6. Protect md restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wiildlife Habitats and wetlands. See LWRP Secdon III•-Policies;Pages 22 through 32 for evaluation criteria. R ❑ ❑ http://24.38.28.228/WebLink/PdfViewer.aspx?file=http°/u3A%2F%2...1049836%26dbid%3DO%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 20 of 44 PDF.js viewer 1/7/25,4:15 PM Yes No Not Applicable {Crime _6 U•C ��wC� 13[' V.h 1�7C K �LI�rT l }� me. -� & 0til . Attach additional sheets:tfnecessary ``������pp-^--- -�-(,�J Policy 7. Protect and improve air quality in the Town of Southold. See LWRZ i�ei>l�On;lIl25Policies Pages 32 through.34 for evaluation criteria. Zoning Boars ti Q Yes [-]No r] Not Applicable 1 ,Z U Attach adMonal sheets ifneeessW Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and waetm. See LWRP Section III-Policies;Pages 34 through 38 for evaluatiiiogi criteria. 0 Yes El No ❑Not Applicable �r, C. t `� '[��t LM �r C.c r�.L�41•.tifN �� ��'`.` �S � V���r ��S' 1v1.�� PUBLIC COAST POLICIES Policy 9. Pravide for public acres to,and recreational use of, coastal waters, public hut&, and public resources of the Town of Southold. See LWRP Section III-Policies;Pages 38 through 46 for evaluation criteria. YaD No IR Not Applicable t �� l� � .� 4� 1-Cr ��.0 tires �V.`-r�. �'l� C-t.• � � IY�� P,C �,lh �) �l C'C.0 � � �i C .. vtfti. tit]• �'-1� 1'�L t`W sw C} �a.� �� l ' Attach addkio al shcets if necessary http://24.38.28.228/WebLink/PdfViewer.aspx?file=http°/`3A%2F°/u2...1049836%26dbid%3D0%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 21 of 44 PDF.js viewer �� 1/7125,4:15 PM 77) i r JAN 22 7 _ Zoning Board y Appeals r w .c • i y_• ..•ice t rs. LOD K 110 ro tJ OQCH http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A%2F%2...1049836%26dbid%3D0%26repo%3DTownOfSouthoId%26pdfView%3Dtrue Page 22 of 44 PDF.js viewer �} 1/7/25,4:15 PM Au6 Receove JA N ZD�IIii Board pt IA� pl�S r r .s i 3 s: r' 1_DOILIU& t30ICN - EfIS7 SIZE http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A%2F%2...1049836%26dbid%3D0%26repo%3DTownOfSouthoid%26pdfView%3Dtrue Page 23 of 44 PDF.js viewer 1/7/25,4:15 PM 1* -11a'-'� C Received JAN 22 7 � Zoning Board o Appeals LOOIic11�lG l�sl°lST http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A%2F%2...1049836%26dbid%3D0%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 24 of 44 PDF.js viewer 1/7/25,4:15 PM yr '� �s1�����J �•( 9.1 2 7 2025 ar{I of APPeals AW Ili 1 Y rr.4�1� http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A°/a2F°/u2...1049836%26dbid%3DO%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 25 of 44 PDF.js viewer 1/7/25,4:15 PM Re Alp , JAN 2 7 202 Zoning B3 a lcJ�� ai5 LOOILIUG SDLrT14 http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A%2F°/u2...1049836%26dbid%3DO%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 26 of 44 PDF.js viewer /1 1/7/25,4:15 PM 1 Board of Zoning:appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I - residing at (Print pro owner's mmne_) t�(Mailin"Addrc�, (TI `l���/ do hereby authorize (Agent) U� �� [p�' l 1`�1� to apply for variance(s)on mY2GM,0fgja&of Appeals Southold Zoning Board of Appeals. (dwn• 's ignature) NAipl�cn (Print wlier's Name) http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A%2F%2...1049836%a26dbid%3D0%26repo%3DTownOf Southold%26pdfView%3Dtrue Page 27 of 44 PDF.js viewer 1/7/25,4:15 PM ►t:xf�•t•fal•:rlal:sa•�nrArl'vl•: I �-------- -- TRANSACTIONAL DISCLOSURE FORM T• Towa of tiou�I��l•!,f, ndauf 1Rrl+irarubi•i,;+, "nllirlcnrin----- ou ehr inr4 of larva offir+'•.unl rmp[arcey7.h,p.i••�• f�� of thIN rani,Ix_I01rr_1,i&b'j, tio� yr rlrirh can alrrI Ihr Inwn ofpa�+ilrle runflirt•ui irticn•cl�avl illmr�il to I +•I. r lr act[nis I nr rs[a+r n uvul+l-mill a- YOUR NAME: WA— -tvt� AJtic�a��s[ � �Y���� �ecelved l� (Last name,tint name,ranldle iullia nnlrss you are nppiy,6 jis 1Fr name o emt44e{l$r ar haler entity,V h as a company.Ifni,Indicate the other person's or company's"amt.) TYPE OF APPLICATION:(Check all that apply) JAN 21 2025 Tax grievance Building Permit _ Variance Trustee Permit Change of Zane _ ._ Coastal Eroslon MooringZoning Board of Appeals Appruvat of VhI Other(activ(t Planning Do you personalty(ur through your eot+lpany,spouse,siillisilh pa real,or child)huve a relationship with a11y aff'tetr or employee of the I-own Of South Old?"ItchoioWiV ilteludes by bland,marriage,or business inferesI-"Business interest"nianas a Iwsiness.including u psirtnership,itt whicit the town officer a cruployce has even a partiai ownership of(ar employment by)a corparation in wit fell the town afncer or employ et ownt mare than 5%of like shares. YES NO IINo,sign and date below.If 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 applicatiVagenl/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 th dity � 20 Z Signature_ ■■,� _ Print Name http://24.38.28.228/WebLink/PdfViewer.aspx?file=httpe/u3Ae/02F%2...1049836%26dbid%3D0%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 28 of 44 PDF.js viewer 1/7/25,4:15 PM ..� APPLTCANVACENTmPRESENTATWE TRANSACTIONAL DISCLOSURE FORM r hn a a i w "c t ihie a of" S tes d a!nw't ve lon s Me �Y to avail serr�, YOCRtNAME: natne,¢hiddic initial,Lmle$s you era applYing in the name of sorncooe else or odher godly,such as it eotnpM.If too,indi cafe the other person's or compaay+a name.) Reo� N,4M8 UP APPL7f.A]TQN:(C�ehdr awl that�PIYa Tar gde'vanhx Vaslanm Trustee ChawofZone Coastal Erosion Approvel afplat bloaft Z061n9 Board F.xcn3ption from plat wofficial map Plasmiog Met (1f"Other",nomethe actirlb.) Do you personally(orthtuu9h your WMPwy.spouse,sibling.p h,archild]havo at n laGansltiputith arty ofnc�cr or csnploya ofthe T"-n of-Southnld? ''Ree[ntiQnShip'ineirulcs by blood,fnarrioge,or business interest.'TusineSS irueresl"nhcros a husintss, insludInga partnt:rshiX in whiclh tht fawn ofrtcef or emp}vyre ltas even.a parka!mvrLershipof(or employmcni by)acerrwation is which the town oFl`icrr of cmplaycc o+vns more than 5%of dtc shares. YES _— NO X - — . i fyou answered"YES';complete the balance of this farm and date and sign where hxUcated. Name ofperaast employed by the Town of Southold -- Title ur pvsitiod of that person Describe the relationship bctwecrn yourscIr[tlte npplit artlagontlrep=nwiivo)and the town offish or employee.Either chadr the spy-n si;xs I'm!A)1bmitth D)and,'or dr, ibe in the VY psovid:d. The tows,otiioer or employee or his or her spouse,sibling,patent,&child is(check all died apply): A)the owner of greater than 5%ofthe Amu of the ootporaf$stock DUN appl1cW (when fhe applicant is aoariwration): entity(whiarho $)the legal or bane icial attrM of any InWM in a non-cotpo applicant is not a corporwinn): C)an ofccs,diirer:rar,partner.or a mplayee ofsbo eppitaant or D)the actual sWicant. DESCRIPTION OF M ATIONSI IIP Subtnitred thi ay S i 20 5ignatum PrintNama r iR Form TS I http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A%2F°/a2...1049836%26dbid%3D0%26repo%3DTownOfSouthoId%26pdfView%3Dtrue Page 29 of 44 PDF.js viewer - 1/7/25,4:15 PM 46 TOWN OF SOVMOIA,NEW YORK DATE•Prtagtrst••14,1975 ACTION OF TBE ZO1WN4 BOMW OF APPEALS Appeal No, 2065 Dated June 24, 1975 ACTION OF THE ZONING BOARD OF APPEALS OF TEE TOWN OF SOUTHOLD To Stephen F. Griffing, Jr. ,. r. ,• Esq. Appellant a/c Anna Loria First Street _ _.____• New Suffolk, New York at a meeting of the Zoning Board of Appeals on Public Hearing: July 24, 1973he appeal was considered and the action Indicated below was taken on your Decision: August 14, 1975 ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ReceNeO 1. SPECIAL EXCEPTION.By resolution of the Board it was determined that a Ape" exception ( ) be granted ( ) be denied pursuant to Article .................... Section ....., Subsection paragraph I................ of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:30 P.M. (E.D.S.T.) , July 24, 1975, upon applieat�s� Bowl Oi AQ9e �e` Stephen F. Griffing, Jr. , Esq. a/c Anna Loria, First Street, Ne Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 for permission to use land for parking. Location of property: east side First Street, New Suffolk, N. Y., bounded on the north by A. Levesque & Wf.; on the east by Peconic Bay; south by now or formerly A. Wood; west by First Street. Fee paid $15.00. 2• VARIANCE.By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, It was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector( ) be confirmed( ) be reversed. SEE REVERSE YH�v�� IN BOARD 01�,APPEALS FORM ZB4 (/4,�8♦ 4c1� Cnai ma� vard ni RiID sts Marjorie McDermott, Secretary http://24.38.28.228/WebLink/PdfViewer.aspx?file=httpa/o3Aa/a2F%2...1049836%26dbid%3DO%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 30 of 44 PDF.js viewer - 1/7/25,4:15 PM V ll ry After investigation and inspection the Board find � 6 the applicant is requesting permission to use land at `E/S Z First Street, New Suffolk, N. Y. for parking purposes in O{ 1'�� conjunction with his business. The Board finds that theF o'a applicant has greatly improved the lot under appl The Board is of the opinion that this would assis �in the management of traffic in this area. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Stephen F. Griffing, Jr., Esq. a/c Anna Loria, First Street, New Suffolk, New York,be GRANTED permission to use land for parking, as applied for on property located on east side of First Street, New Suffolk, New York, subject to the following conditions: (1) That a buffer zone of ten (10) feet be provided on the northerly boundary. (2) That the proper barriers be provided to assure that the ten (10) ft. buffer is implemented. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. 12ECEIVED AND FILED .By T'Z s�'�'THOLD TCW2-I CiL'RK !vti - irk• 40".'Z; aE vc'ho3d http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A%2F%2...1049836%26dbid%3D0%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 31 of 44 PDF.js viewer 1/7/25,4:15 PM D Town Hall Annex Michael J.Domino,President r `soil 54375 Route 25 John M.Bredemeyer III,Vice-President P.O..Box 1179 Glenn Goldsmith � ����� Ynrle k33.74.—] A.Nicholas Krupslu �,19lJ 765-1892 Greg Williams iC31)755-gr371 BOARD OF TOWN TRUSTE&ning $°ard oe TOWN OF SOUTHOLD Permit No--- 9574A Date of Receipt of Application: September 6, 2019 Applicant: Philip Loria SCTM#: 1000-117-7-31 Project Location: 1090 First Street, New Suffolk Date of Resolutionllssuance: November 13, 2019 Date of Expiration: November 13, 2021 Ravia,wed by: 13oa.4a r:.1 0 ruc Project Description: As-built re-sheathing of 105' of timber bulkhead with vinyl with an 8' return on the southeast comer, replace dead-men and all hardware with hot dipped galvanized hardware; bulkhead to be capped with 2" CCA wood. Backfill with 60 yards of clean sand from an approved source.All work to be done on the landward side of the bulkhead. Findings: The project meets all the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code. The issuance o by Administrative Permit allows for the operations as Indicated on the survey prepared Contractors' Line&Grade South LLC, last dated O October 5,201 andPhilip tL ped received approved on November 13, 2019; and the project p p Y on September 6, 2019 and stamped approved on November 13, 2019. Special Conditions: To establish and perpetually maintain a 10'wide non-tturl'Puffer landward of the bulkhead. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. Inspections; Final Inspection. If the proposed activities d❑ not meet the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code, a Wetland Permit will be required. This is not a determination from any other agency. Michael J. Domino, President Board of Trustees http://24.38.28.228/WebLink/PdfViewer.aspx?file=http°/03A°/02F°/o2...1049836%26dbid%3D0%26repo%3DTownofSouthold%26pdfView%3Dtrue Page 32 of 44 PDF.js viewer 1/7/25,4:15 PM .AAI_ 42 Rec. 6d '0 7ct2l-, eCId I j A 02T� 48 Ck Zomn oar A x Lu 13 1XI > 16m Z7 0 slow C%4 > d 014 E 0 0 cn V,) 3 c Ln 0 r 04 E LLA 0 A: c LU Lm 0 -C O E t 0 a z 0 http://24-38-28.228/WebLink/PdfViewer.aspx?flle=http%3A%2F%2...1049836%26dbid%3DO%26repo%3DTownOfSouthoid%26pdfVlew%3Dtrue Page 33 of 44 PDFJs viewer /; 1/7/25, 4:15 PM r •� � �t � _ - r ,� may+ imv. C 11%1 4+k�et Try'Wn Thy gt ,. - , S06THQLbT N>~ l44 oti ' P1^RWT NO. .....W9.,.,_..,. .,.. ATE:RbFNA/6d TE:RbFNA/6d tD:TO ..... ? �4? ....:.............�............. ........................•. •,..•:,..•:........ ... �1843 PeirstaaM to the tsf•o►risions_ .' rq of'the•.i.isws of'fkie• t ; i p# the Slolke of New York, ' err a tlia;$autiiold •lawn Qrdinanc�' en'- }atb•of New'N oAk q5: ;.and; #led-"R GU:ATINGi AND-THE P�.ptCI�IC� O. QBSTRLJGTi4NS i IN .AND-ON.TQWt4 �1AT ANDt� l-IC LAAI!JJD5 anei the T ' titO,yk OF SANG,. C-RAVEL OW4` ti.1►riATiri�lAl:S FROM. . l:i4ND5 UNDER TOWN ►1VA ;' artci :in ac6�riiat ;o y Resoiutimn of The Board'sdapiad:at a'Rieetit}g held.att .,. .(?�919. ;..._ �fe Sui+ri Pad of' by a' i 9....43 'and in constderatton of-. .- . 3� ...•.. _...... . .........M.. .........<.., ....W ..�. ..__.w.......„..-} ...... ... . K Y. and subject to he y. ......................:............. .. _.. A �,• } IR1.S th and Conditions ltsi'ed.�.ane ;reverse We iieraof� � of Southold-Town irumves autrfori a" fatts3Witt+�: storm barrage Permit to construct, apprax• 100T of timber t t } p],a#ki*g along high water Tine,-and approx. 74 c.y. of clean EA added. PecO do Sa' ail in accordance with the detailed spgdfictions as presented to •� licattnn. � . the oeigingt'sng.app • r 3oard of Trustees bare- ' i " _'„"'.s_' �. •� by causes its Corporate Seal to be af 'rxedy and these presents to ^� be subscAibed by a majority of th$ seid $card.as-of this dabs.. _ S I s�` n http://24.38.28.228/WebLink/PdfViewer.aspx?file=http°/`3A°/u2F°/a2...1049836%26dbid%3DO%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 34 of 44 PDF.js viewer 1/7/25,4:15 PM AN 2 7 20� k rd f A�PP,�11- -ZQming Blt)' LU U.1 U- u PA Al N Ts U] 0 T uj > LLJ I-f i U co LLI Ll. 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' s ITI 111.1 ill 1! ceive I. ` T � rr lA N 2 7 2025 ng Board of Appeals I `' http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A%2F°/u2...1049836%26dbid%3DO%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 43 of 44 PDF.js viewer - 1/7/25,4:15 PM � 4 IG1D•`�� .R k•�' ,c eived LL 2 7 2025 Ong g af;. of Appeals I ICI adt 1•fli? i !14 http://24.38.28.228/WebLink/PdfViewer.aspx?file=http%3A%2F%2...1049836%26dbid%3D0%26repo%3DTownOfSouthold%26pdfView%3Dtrue Page 44 of 44 n 'c c Received JA N 2 7 2025 .Zoning Board of Appeals "UNTY OF SUFFOLK abd STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES GREGSON H.PIGOTT,MD,MPH COMMISSIONER L December 7, 2023 Received Mr. Jeffrey Butler, P.E. 206 Lincoln Street JAN 2 7 2025 Riverhead, New York 11901 Zoning Board of Appeals Subject: Variance Hearing SCDHS Ref. R-22-0751 —Property of Loria Property Location: e/s/o First Street, 100.37 ft. n/o King Street, New Suffolk—t/o Southold— SCTM No. 1000-117.00-07.00-031.000 To Whom It May Concern: Enclosed is a copy of the findings, recommendations and determination of the Board of Review concerning the subject application. Based on the information submitted,the Board granted the request for variance/waiver with the provisions indicated in the determination. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. Very truly urs, John So , P.E. Chief G Health Engineer Chai oard of Review Enclosure Cc: Board of Review File--Yaphank Mr.Edward Lyons—Reviewer Mr.Andrew Freleng—SC Planning Department Town of Southold Planning Department Mrs.Karen Hoeg Mr.Philip Loria .Division Of Environmental Quality Board Of Review 360 Yaphank Avenue,Suite 2B Yaphank NY 11980• Phone(631)852-5801 Fax(631)852-5825 PublicHealth Pusn.P.o xn[e Preue[. SUFFOLK COUNT)EPARTMENT OF HEALTH SERVICI"—) DIVISION OF ENVMONMENTAL QUALITY BOARD OF REVIEW ARTICLE 2,SECTION 220,SUFFOLK COUNTY SANITARY CODE To: Gregson H. Pigott, MD, MPH,Commissioner From: John Solingen, P.E., Chair,Board of Review Subject: Findings and Recommendations of the Review Board Regarding: R-22-0751; PropertY of Loria e/s/o First Street, 100.37 feet n/o King Street, New Suffolk — t/o Southof SCTM No. 1000-117.00-07.00-031.000 Hearing Date: October 19, 2023 Board Members: Karol Sarian,Michael Seaman IJAN 2 7 2025 Reviewer: Edward Lyons Statement of Problem Zoning BoarO of Appeals Residential Construction Standards require that the distance between sanitary leaching structures and surface waters be at least 100 feet (ft.). The applicant is proposing to install a sewage disposal system to serve a single-family dwelling that does not conform to standards in that the nearest leaching structure is less than 100 ft. from surface waters. Residential Construction Standards require that the distance between innovative and alternative onsite wastewater treatment systems (1/A OWTS) and effluent pump station to surface waters be at least 75 ft. The applicant is proposing to install a sewage disposal system to serve a single-family dwelling that does not conform to standards in that the I/A OWTS and effluent pump station are less than 75 ft. from surface waters. Findings and Facts I. The applicant is proposing to construct a new single-family dwelling on a vacant parcel having an area of 6,962 square feet(sf). The dwelling will have a maximum of 3-bedrooms. 2. The parcel is located in Groundwater Management Zone 4. 3. The proposed leaching structures and expansion leaching structures will be located 61.8 ft. and 54.8 ft.from surface waters respectively where 100 ft. is required. 4. The proposed I/A OWTS and effluent pump station will be located 54.7 ft. and 57.6 ft. from surface waters respectively where 75 ft.is required. 5. The proposed dwelling will be located 31.3 ft.from surface waters. 6. The parcel is depicted as a single lot on the 1981 tax maps. Gregson H.Pigott,MD, MPH, Commloner Hearing Date: October 19, 2023 Subject: Findings and Recommendations of the Review Board Regarding: R-22-0751; Property of Loria— e/s/o First Street, 100.37 feet n/o King Street,New Suffolk — t/o Southold SCTM No. 1000-117.00-07.00-031.000 7. The new sanitary system will consist of an innovative and alternative onsite wastewater treatment system (I/A OWTS), an effluent pump station and one pressurized shallow drainfield (PSD) row with room for 50% expansion of the drainfield_ The PSD will have a length of 34.0 ft. I/A OWTS have increased nitrogen removal capabilities compared to a cesspool or conventional sanitary system(septic tank plus leaching). --Iq 8. The proposed I/A OWTS unit is the Fuji Clean CENS unit. The Fuji Clean CEN sRele�/ed received General Use approval from the Department. o I V 17 2025 9. Soils conditions are acceptable, with 0 to 3.0 ft. of mixed sand and loam, 3.0 ft. to 5. Clayey Sand, 3.0 to 5.4 ft. pale brown fine sand, and 5.4 to 13.0 ft. of water i2cWle Board of Appeals fine sand. 10. Groundwater was encountered at 5.0 ft, below grade at elevation 0.7 ft. The PSD will be 3 ft.above the groundwater elevation. 11. As per the groundwater contributing areas and source water assessment maps prepared by Camp Dresser McKee (CDM) in 2009, as part of the Comprehensive Water Resources Management Plan (CWRMP) for Suffolk County, groundwater flow direction is easterly towards Great Peconic Bay. 12. The applicant received a letter of no jurisdiction under the Tidal Wetlands Act for the proposal from the New York State Department of Environmental Conservation dated March 9,2023 (Application# 1-4738-04926/00001). 13. The applicant's attorney submitted a copy of a Board of Review variance decision dated May 21, 2004 for Department Ref. No. R09-03-0056 granting similar setback variances from a proposed sewage disposal system to surface waters to permit the construction of a single-family dwelling on a vacant parcel. The proposal was to install a conventional sanitary system, and the variances permitted the installation of the septic tank 36 ft. to surface waters and leaching pools 53 ft.to surface waters. Determination It was a 3 to 0 determination of the Board to grant the request for the variances for the location of the proposed new sanitary system with the following conditions: • The applicant submits a letter from the Town stating that the proposal meets Town Zoning or any other documentation, acceptable to the Department, verifying the proposal meets Town Zoning. • The applicant shall submit a copy of the Town of Southold Board of Town Trustees Wetlands Permit or letter of no jurisdiction. Gregson H.Pigott,MD, MPH, Comr`__)ioner �! Hearing Date: October 19,2023 Subject: Findings and Recommendations of the Review Board Regarding: R-22-0751; Property of Loria— e/s/o First Street, 100.37 feet n/o King Street,New Suffolk—t/o 5-V�Ild SCTM No. 1000-117.00-07.00-031.000 JAN 21 2025 The proposed expansion PSD row shall be installed at the time of initial construction oftVeAppea►s new sanitary system. Zoning Board o • Notification shall be made to the Department so that a representative can witness the soil removal and replacement operation as well as the sewage disposal system installation. • The property owner shall retain a licensed design professional to supervise and certify the site excavation,backfilIing, and installation of the sanitary system. ■ The property owner shall be responsible to obtain a dewatering permit from the agency having jurisdiction, and comply with its terms if dewatering is necessary to remove poor soils below the sewage disposal system. Although the separation distances between the proposed new sanitary system and surface waters are less than those required by standards, the structures have been Iocated in the best possible location to maximize separation distances for the protection of surface waters. Furthermore, the system to be installed will include an innovative and alternative onsite wastewater treatment system with leaching capacity designed in accordance with current standards. The site has soil and groundwater conditions that will permit the operation of the new sewage disposal system, and the proposal F should not result in any degradation of groundwater quality. The granting of the requested variances is not a formal approval to construct a dwelling and install an onsite sanitary system on the subject property. Rather, it is a determination on the specific variances requested, based upon factors noted in §760-612 of the Suffolk County Sanitary Code (Sanitary Code). In compliance with §760-612A(1)(a), the proposed variances are in general conformity with the Sanitary Code. The variances should not impair groundwater, surface water and drinking water supplies, and, as such, is consistent with criteria specified in §760-612A(1)(b). The granting of the requested variances will not adversely affect the design of an adequate on-site water supply and/or sewage disposal system, taking into account soil conditions, depth to groundwater, and site-specific physical conditions, and as such, is consistent with criteria specified in§760-612A(1)(e). As per §760-612 of the Sanitary Code, the approval of the variances is in harmony with the general purpose and intent of the Sanitary Code to protect groundwater and drinking water supplies, surface water and other natural resources, and public health, safety and welfare_ .l December 7,2023 oho en,P.E. B d of Review *Note:All references to Article 6 of the Suffolk County Sanitary Code refer to the version effective December 1,2020. m x COUNTY OF SUFFOLK 01-1z��-;;? STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES GREGSON H.PIGOTT,MD, MPH r/ Commissioner �f /I Melissa C Butler e "p18, 2023 `� I 206 LINCOLN STREET !'fie Notice#: 5 RIVERHEAD, NY 11901 BAN 2 120 1090 FIRST STREET Tax Map: 1 0001170000709.040 Record ID: R-22-0751 nin9 Notice of Incom lete Application Melissa C Butler, This office has reviewed your application for the above referenced project. The following will be required prior to any further processing of the application for approval to construct: The Board of Review has approved your variance request. Prior to the issuance of a "Permit to Construct" the following will be required: 1) Town of Southold Zoning variance approval 2) Town of Southold Trustee's permit. To avoid delays in the processing/approval of your application, paperwork and documents should be submitted using the online portal. Electronic submission will ensure priority processing. Please note that alterations of surveys/plans must be made by a licensed design professional or surveyor and be properly certified. Photocopies of documents and penciled in corrections are not acceptable. Please do not hesitate to call (631) 852- 5700 with any questions. Regards, Edward Lyons Principal Public Health Sanitarian CC: JEFFREY BUTLER PHILIP LORIA DIVISION OF ENVIRONMENTAL QUALITY-OFFICE OF WASTEWATER MANAGEMENT 0 360 Yaphank Avenue,Suite 2C,Yaphank,NY 11980 PUNIcA^"ur (631)852-5700 1 Fax(631)852-5755 Page 1 of 1 m x 3 m R x a &a-fvv1O !n,, seoF CX-Y1��lk 6"111(cL, 196 at41 `• � f � L-F V'P-s&r•,.d. �-��`� '.JAN 2 7 2025 Zoning Board of Appeals CO AA 0,-qOoeA:)157 117 /4 04D S i 5-7�.' A,)EuO 6^L)fT�C)L, ? � a F Southold Town Hall BOARD MEMBERS Leslie Kanes Weisman,Chairperson 5�(/r 53095 Main Road• P.O.Box 1179 ►.� �4 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning Y� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �C0u5� Southold,NY 11971 http://southoldtown.nort,hfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 Received IJAN 2 7 2025 honing Soarci of Ap t` September 18,2015 Frank Falino,Architect 16 Harbor Road - Port Washington,NY 11050 RE:ZBA File#6773 -Grella Dear Mr.Falino, - -At the Zoning Board of-Appeals-Special meeting held on September 17,.2015,the•Board Members voted unanimously to rescind the resolution to re-open the hearing on Grella#6773. This decision was based on the information you provided in letters dated August 11,2015,August 3, 2015, and September 14,2015 with the attached revision to the garage doors and the architectural plans dated last revised 8/3/15 as pages A-0.0,A-1,A-2.1,A-2,A-3,A-4 and EX-1. The Zoning Board office will advise the building department to lift the stop work order,so you may proceed with this project. Since �I, Leslie Kanes Weisman Chairperson/Department Head CC: Chief Building inspector Michael Verity V� Assistant Town Attorney Stephen Kiely✓ay BOARD MEMBERS so Southold Town Hall Leslie Kanes Weisman,Chairpersons T�� 53095 Main Road-P.O.Box 1179 �0 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning yo 54375 Main Road(at Youngs Avenue) Kenneth Schneider f►�Cot Southold,NY 1197 http://southoldtown.northfork.net I LKI,K ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD �2 ,-2,25 Tel.(631)765-1809 -Fax(631)765-9064 NUIV 3 2014 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION 13 W 21 NZ5 MEETING OF NOVEMBER 6,2014 Z0 610 9 Board of appeals ZBA FILE: 6773 NAME OF APPLICANT: William F. Grella and Gary D.Osborn SCTM: 1000-117-7-30 PROPERTY LOCATION: 1200 First Street(adj.to Great Peconic Bay)New Suffolk,NY 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 H category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated June 27, 2014, 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 Aug. 21, 2014. Based upon the information provided' on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed request for less than the required front yard setback of 35 feet, less than the code required rear yard setback of 35 feet,less than the code required single side yard setback of 10 feet, and less than the code required combine side yard setback of 25 feet are EXMPT from Coastal Consistency Review.Furthermore, the request for proposed lot coverage of 38.2%where 30% is allowed by Code, and the proposed bulkhead setback of 21 feet where 75 feet is required by Code is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. On September 16, 2014, the Board received an amended Notice of Disapproval, correcting the Zone District from R40 to UM. Based on the new Notice of Disapproval the setbacks and lot coverage changed as follows; a front yard setback required of 35 feet, minimum side yard setback of 25 feet, combined side yard setbacks of 50 feet and maximum permitted lot coverage of 30 percent. The new side yard setbacks are still exempt. However, the applicant has proposed a reduction of lot coverage from the existing 66.9% to a proposed 38.2%where 30% is allowed by code, an increase of the bulkhead setback from the existing 2 feet, to the proposed 21 feet, and the relot:ation and construction of a new county- certified septic system. Based upon these mitigating factors it is our recommendation that the proposed request for proposed lot coverage of 38.2% and the proposed bulkhead setback of 21 feet are therefore CONSISTENT with LWRP policy standards, and therefore is CONSISTENT with the LWRP. Furthermore, the proposed construction of more than the code permitted 2.5 stories is proposed to render the structure FEMA flood zone compliant, and is therefore CONSISTENT with LWRP policy standards, and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The applicant's property is a 3621 sq. ft. parcel in the MII Zone. The property has 3512 sq. ft. of buildable land. The northerly lot line is adjacent to a single-family dwelling similarly 'r Page 2 of 3—November 6,2014 ZBA#6773—Grella/Osborn SCTM#1000-117-7-30 located in the MII Zone. The easterly lot line abuts the waters of Great Peconic Bay. The southerly lot line is adjacent to a larger property currently serving as a boat yard also located within the MII Zone. The westerly lot line lies along First(P) Street.A large portion of the property is located in FEMA flood zone VE el 8,with al st all of the rest of the property located in FEMA flood zone AE el 6. -��� BASIS OF APPLICATION: Request for Variances from Articles XXIII,XXII and III, Sections 280-56,280-116B and 280-14(Bulk Schedule) and the Building Inspector's August 7,2013, amended and renewed May 19,2014, amended June 2,2014,amended July 14,2014,Amended September 16,2014 Notice of Disapproval based on an application for building permit for partial demolition,reconstruction,additions and alterations of an existing single family dwelling,at; 1) less than the code required front yard setback of 35 feet,2)less than theR .single side yard setback of 25 feet, 3)less than the code required combined side yard setback of 50 feet,4)more than the code permitted maximum lot coverage of 30%,,5)less than the code required bulkhead setback ofYfiffe2t,76tgFje than the code permitted 2 stories. Ionin Board of Appeals RELIEF REQUESTED: The applicant requests Six (6) variances to partially demolish,reco�lstruct, and make additions and alterations to an existing single family dwelling with 1) a proposed front yard setback of 3 feet, where 35 feet is required by Code; 2) a proposed 2.7 ft. side yard setback where 25 feet is required; 3) a proposed combined 13 feet side yard setback where 50 feet is required; 4) a proposed lot coverage of 38.2%, where a maximum of 30% is allowed; 5) a variance for a proposed bulkhead setback of 21 feet where 75 feet is required by code; and 6) a proposed building height of three (3) stories, where no more than two (2) stories are allowed by Code. ADDITIONAL INFORMATION: The file contains a document published Dec. 19, 2013 by the NYS Dept. of State,Division of Building Standards and Codes, and designated as a Uniform Fire Prevention and Building Code Technical Bulletin titled "Determination of Stories Above Grade in elevated One- and Two-Family Dwellings in Flood Zone Hazard Areas,"which was deemed to be inapplicable to this application in a related code interpretation (see ZBA File 46789).The file contains a Letter of Non-Jurisdiction from the NYSDEC dated Aug. 16, 2013.The file also contains a letter submitted from a neighbor living on the opposite side of Ist St. who is objecting to the applicant's proposed project. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on Sept.4,2014,and on Oct.2,2014,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 5267-b(3)(b)(I Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. A single family dwelling is a permitted structure within the ME zone. The existing dwelling was constructed in 1962, without the need for any variances. The structure has a valid CO. The proposed partial demolition, reconstruction, additions and alterations to the existing single family dwelling will substantially reduce the current degree of non-conformance on this small lot. The subject structure must be elevated to FEMA requirements to protect the property. 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 with the grant of area variances. The existing structure was constructed in 1962, and is located on a small non-conforming parcel. There is no feasible conforming area on the parcel available to move the structure, even if it was feasible to move it. The new construction required to make the structure FEMA flood zone compliant cannot be done without the grant of variances. 3. Town Law §267-b(3)(b)Q, The variance granted herein for a front yard setback of 3 feet where 35 feet is required is mathematically substantial, representing+91% relief from the code. The variances granted herein for a single side yard setback of 2.7 feet where a minimum of 25 feet is required, and a combined side yard setback of 13 Page 3 of 3—November 6,2014 ZBA#6773—Grella/Osborn SCrM#1000-117-7-30 Iflefeet where a minimum of 50 feet is required are substantial, representing 89% and 74% relief from the code. The variance granted herein for lot coverage of 38.2% where 30% is allowed by code is substantial representing 27% relief from the code. The variance granted herein for a bulkhead setback of 21 feet where 75 feet is required by code is substantial representing 72% relief from the code. However, with the removal of the nonconforming decking and concrete planters, total lot coverage will be decreased from the current 66.9%, and the distance to the bulkhead will be increased from the current 2 feet. Moreover,there is no conforming area on this small parcel that is outside of the flood zone areas, or that is available to relocate the existing or the proposed reconstructed structure. In accordance with a related ZBA code interpretation in File#6789,dated Nov.6,2 .�}qe#'or a proposed non-conforming third story required to make the existing single family dwelling FE C XIp11S1t is no longer required. .JA N 2 7 2025 4. Town Law J267-b(3)(h)(4)_No evidence has been submitted to suggest that a var' ce in this residential community will have an adverse impact on the physical or environmental conditions inr6biDi!Wrho6&0ft1s applicant will construct a new, county certified septic system. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code, and the applicable regulations of other Town, county,and state agencies. 5. Town Law $267-b(3)(b�(5l. 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 newly reconstructed FEMA compliant single family dwelling,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 Homing, seconded by Member Weisman (Chairperson),and duly carried,to GRANT, the variances as applied for, and shown on the survey drawn by John T. Metzger, Licensed Land Surveyor, last revision dated May 28, 2014. Subject to the following conditions; CONDITIONS: 1.The stone and concrete retaining wall planters in the front yard shall be removed. 2. AC equipment will be relocated to the southern side of the structure,adjacent to the marina. 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 variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase`the degree of nonconformity. Vote of the Board: Ayes. Members Weisman (Chairperson), Schneider, Horning, Dantes, Goehringer. This Resolution was duly adopted(5-0). 4 DU )lnc&�,,_ Leslie K es Weisman, Chairperson Approved for filing /, /�v /2014 Short Environmental Assessment Form Part I -Project Information Instructions for Completing Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be geeded 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 1 iJAN 2 7 an Name of Action or Project: PHILIP LORIA Zoning Board of Appeals Project Location(describe,and attach a location map): 1090 FIRST STREET,NEW SUFFOLK,NY 11956 Brief Description of Proposed Action: CONSTRUCT ONE FAMILY RESIDENCE ON PILING FOUNDATION PER ATTACHED PLANS. INSTALLATION OF NEW I/A SYSTEM Name of Applicant or Sponsor: Telephone:p 631-727-2180x269 KAREN HOEG,ESQ.,c/o TWOMEY,LATHAM,SHEA ET AL' E-Mail: khoeg@suffolklaw.com Address: 33 WEST 2ND STREET City/PO: State: Zip Code: RIVERHEAD NY 11901 1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES If Yes,list agency(s)name and permit or approval:Southold Town Building Permit;Town Trustees Permit, F07 NYSDEC,Letter of Non-Jurisdiction 3. a.Total acreage of the site of the proposed action? •159 acres b.Total acreage to be physically disturbed? .124 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.12 acres 4. Check all land uses that occur on,are adjoining or near the proposed action: 5. ❑Urban ❑ Rural(non-agriculture) ❑ Industrial ❑ Commercial m Residential(suburban) ❑Forest ❑ Agriculture Aquatic ❑ Other(Specify): ❑Parkland Page 1 of 3 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? Received ❑ W1 I:]- b. Consistent with the adopted comprehensive plan? F71 ❑ NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? Zoning Board of Appeals 0 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES Name:Peconic Bay and Environs,Reason:Protect public health,water,vegetation,&scenic beauty, If Yes,identify: Agency:Suffolk County,Date:7-12-88 ❑ 21 NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? F7 ❑ b. Are public transportation services available at or near the site of the proposed action? F7 ❑ c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed ❑ action? IZI 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: - ❑ ✓❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State Register of Historic Places,or that has been determined by the ❑ Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑ 7 archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? 13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? 0 ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: Page 2 of 3 y 14. Identify the typical habitat types that occur on,or are likely to be found on the!_D�raject site.Che all that appl - ❑Shoreline El Forest ❑Agricultural/grasslands ❑Early raid-successidna�,ceive 1&f(e®Wetland ElUrban ElSuburban JAN 2 7 2025 15. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or NO YES Federal government as threatened or endangered? Zoning Board of Appeals Northern Long-eared Bat,Pi... ❑ Z 16. Is the project site located in the 100-year flood plan? NO YES ❑ Z 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, ❑ 10 a. Will storm water discharges flow to adjacent properties? 0 ❑ b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? FZ ❑ If Yes,briefly describe: NEW CATCH BASINS TO BE INSTALLED FOR ROOF DRAINAGE CAPTURE 18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids(e.g.,retention pond,waste lagoon,dam)? If Yes,explain the purpose and size of the impoundment: R71 ❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO I YES management facility? If Yes,describe: � ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed) for hazardous waste? If Yes,describe: ❑ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE ApplicantJs on orinam AR EN ESQ. Date: 12-19-2024 Signature: _Title:AGENT PRINT FORM Page 3 of 3 EAF Mapper Summary Report ReceiNJIWday, December 19, 2024 11:36 AM _��l Disc aimer: The EAF Mapper is a screening tool intended to assist project sponsors and review�ngenc[es In preparing an environmental rise �oro�EF .�fr$ff'queslioru asked in the EAF are Zorli 11C y the EAF Mapper.Additional information on any EAF question can be obtained by consulting the EAF Workbooks. Although 117.-7-28 the EAF Mapper provides the most up-to-date digital data avallable to DEC,you may also need to contact local or other data sources In order to obtain data not provided by the Mapper.digital data 6 not a substitute for agency dote rmina I[ons. Sound ?^•kx, r aine i wF1117--7-3 Wrap- �ernnt3a,. n,mi<trx W ����r,.;rer asY•.♦c• - . 117.-7-27 E:, n,i� L�• _ [r.t:rrr�sr. INCREMWIP Sources: HERE,Garmi , _ , p,. , Erof KIT P RCafr,Esrt Japan,1!1� i !J.•. „.. r �t�,l «tens'. Eirt der Eti l China Esh Korea (Thailand), "C `'ref}"ii lP+f3rrra7trr 1. ,ci NG •*,i.tr.r; are ti sS the GIS UserI� 'Xk'5,;S.NP S Part 1 /Question 7 [Critical Environmental :Yes Area] Part 1 /Question 7[Critical Environmental Name:Peconic Bay and Environs, Reason:Protect public health, water, Area- Identify] vegetation, &scenic beauty, Agency:Suffolk County, Date:7-12-88 Part 1 /Question 12a [National or State :No Register of Historic Places or State Eligible Sites] ,Part 1 /Question 12b [Archeological Sites] ;Yes Part 1 /Question 13a[Wetlands or Other Yes- Digital mapping information on local and federal wetlands and ,Regulated Waterbodies] 1waterbodies is known to be incomplete. Refer to EAF Workbook. Part 1 /Question 15[Threatened or 'Yes Endangered Animal] Part 1 /Question 15[Threatened or Northern Long-eared Bat, Piping Plover Endangered Animal -Name] Part 1 /Question 16[100 Year Flood Plain] IYes Part 1 /Question 20[Remediation Site] �No Short Environmental Assessment Form - EAF Mapper Summary Report l i f tr •• - � .i :• .. .. ?'',fix+� k r '• r � m k i • I I f r+ -to � 4 , • y i �t i ,SJ r I a l i' • T S� 4 40 ..f '« � _ .�f�":��mil." t ti��'• �t. �.J 1 � r • �LY. .y icy^,: 4 �'L1•'T 'i Y� :fir rr __-_"�., r'I r { �. ter•` '��". .''. � , � ' - .''I° o 0 CD I � • � ry ice '}!I , C i 11 �1;?�":'•'y�',f-iS'f': 'e"fir :•v. w��}�'• ,i �i�fl1, �I,�s �*�`5'�.,J,��ii � r4; - y .�4.�'i. ^!K t�.+� 1 1.3s•. ti is•��1����nti' � � is , 4y A,, 7t t, ir ppp ., i NEVI/YORK STATE DE':-, RTMENT OF ENVIRONMEN L CONSER' TION Division of Environmental Permits,Region 1 SUNY;6�Stony Brook,50 Circle Road,Stony Brook,NY 11790 Received P:(631)444-0365 1 F:(631)444-0360 wwvr dec.ny.gov JAN 2 7 Z025 LETTER TIDAL OF IALOF NO J RIIS ACT SDICTION Zoning Board of Appe a March 9, 2023 —7-H 4K Loria PO Box 15 New Suffolk, NY 11956 Re: Application#1-4738-04926/00001 Loria Property: 1090 First Street SCTM# 1000-117-7-31 Dear Philip Loria: Based on the information you submitted the Department of Environmental Conservation has determined that the portion of the above property landward of the functional bulkhead greater than 100 feet in length, as shown on the survey prepared by Line and Grade Surveyors, last revised 10/18/2022, which was constructed prior to August 20, 1977 as evidenced on historic aerial photography, is beyond the jurisdiction of the Article 25 Tidal Wetlands Act. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661), no permit is required to conduct regulated activities landward of that bulkhead. Be advised, no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or disturbance within Article 25 jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the jurisdictional boundary and your project (i.e. a 15' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. This letter shall remain valid unless site conditions change. Please note that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies or local municipalities. 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A i ft' I 3f s 111��- #� � It [itY"#S i$a 3i7i: +� �I�.a�,} eu�•;i��; �3 e f $•$ A }ea�xi.� ��a; � i} i� $ € f �, E $_ xaa $F•f� s••F�€'�^i='•itki�� .�Eii•6; [_1; � � �[} �� � ��� }!i. •.$,,�_•i [ .y }ie G$t#=` + [t SCDIiS SET i xd [� .1 �}�e• a ` ; 0 � t3 it�A � � i�� �• �y�+fy tf �! $ ORENCO S.-.S-AND GEOaiiAT PTLSF¢R: +m�scNe AT _ r 1090 FIRST STREET NEW SUFFOLK,NY JEFFREY T.BUTLER P.E.P.C. V D scTnn,loco-In-m-31 M CON OF%PPOLK -M OF 501 DLD P O.BOX 634 JJ V T SHOREHAM�NEW YORK W JOB No:220006 DRAYIII BY. RAG TEL:636205=50 FAX:631.12,5033 DATE: 03-14-2022 1 APPROVED 6Y- JTB 4 ,o oA o� i +� L: —AT w LORIA RESIDENCE ress b I I 1090 1ST STREET NEW SUFFOLK STARTO� 1 000-117.-7-31 D N N , r m [FBI � '. � m zo D kI e G f II 14 El - i " I - � � li I z A O < i y S G i O � m II �P- mX D LORIA RESIDENCE TSS N o o IV 1090 1ST STREET NEW SUFFOLK Z 1000-117.-7-31 ''.