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r I '�`��5 Saur�dut�',ry ou �d. J5 (n ed C." S:tyv C4-(Uo aF n eco 0- vv u n,4 SLvlmyu 1 -f- �► �1 vim' A-r4 xx lI q 114 r BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson QF S0 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer = = Town Annex/First Floor,Capital One Bank George Horning �pQ 54375 Main Road(at Youngs Avenue) Kenneth Schneider �lyCOU Southold,NY 11971 http://southoldtown.northfork.net E EIV D ZONING BOARD OF APPEALS d TOWN OF SOUTHOLD JUL ' 1 2014 Tel.(631) 765-1809 -Fax(631)765-9064 FINDINGS,DELIBERATIONS AND DETERMINATION S .th01d (T-Of Wt1 Clerk MEETING OF JUNE 19,2014 ZBA FILE: 6750 NAME OF APPLICANT: Nitin P. Desai&C. Barsi, LLC SCTM# 1000-51-01-15 PROPERTY LOCATION: 18915 Soundview Avenue (adj. to Long Island Sound), Southold,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 II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 22, 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 May 27, 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 action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTSMESCRIPTION: Subject property is located in the R40 zone district and is non-conforming with 29,373 sq. ft. of which 19,194 sq. ft. is buildable area. It is improved with a one story frame dwelling and accessory shed and gazebo, these structures are to be removed. It has 100.00 feet along Soundview Avenue, 202.79 feet along the western property line, 100.96 feet on Long Island Sound and 302.51 feet along the eastern property line as shown on the survey dated October 25, 2013, last revised April 9, 2014, prepared by Saskas surveying. BASIS OF APPLICATION: Request for Variance from Article XXII Section 280-116 and the Building Inspector's March 25, 2014, amended March 31, 2014 Notice of Disapproval based on an application for building permit for demolition of an existing single family dwelling, sheds and gazebo, and construction of a new single family dwelling, accessory garage and accessory in-ground swimming pool, at; 1) less than the code required setback of 100 feet from the top of bluff for the accessory in-ground swimming pool. e RELIEF REQUESTED: The applicant requests a variance to construct a proposed 16 foot by 32 foot in-ground swimming pool at 75 feet from the top of the bluff where the code requires a minimum setback of 100 feet from the top of the bluff, as shown on the Survey/Site Plan prepared by David Saskas, L.S., last revised April 9, 2014 to show building to be removed. ADDITIONAL INFORMATION: The existing one story dwelling and one story frame building exist within the 100 foot top of bluff setback and are proposed to be demolished and removed. A new two story dwelling and Page 2 of 3—June 19,2014 ZAB#6750—DesaiBarsi SCTM#1000-51-1-15 detached one story garage are proposed at code conforming top of bluff setbacks. This proposed redevelopment of the parcel will bring it into more conformity with the code. Suffolk County Soil and Water was requested to conduct an evaluation of the parcel with respect to the proposed construction and, in a letter dated June 12, 2014, it had stated that it had found the property suitable for the current proposal. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 5, 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 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. In-ground swimming pools are characteristic to this residential neighborhood and the two adjoining parcels each have an in-ground swimming pool with non- conforming top of bluff setbacks. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The new dwelling is proposed at a code conforming 100 foot top of bluff setback, therefore any proposed construction between the new dwelling and the top of bluff will require a top of bluff setback variance. If the applicant were to move the proposed pool, new dwelling and garage to the south so that the proposed pool could have a conforming top of bluff setback, then the proposed garage would require a front yard setback variance relief of approximately 25 feet or 62%, which would be more substantial than the requested top of bluff setback variance for the proposed in-ground swimming pool. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 25% relief from the code. However, the design of the overall site redevelopment will provide an improvement to the physical and environmental conditions through a net reduction in the property's existing degree of nonconformance with respect to the top of bluff setbacks of the existing dwelling and frame building. 4. Town Law &267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created. Because the property could be redeveloped without the benefit of an in-ground swimming pool, the variance relief necessitated by the proposed pool is self- created. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of constructing an in-ground swimming pool having a 75 foot top of bluff setback, 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 Schneider, seconded by Member Goehringer, and duly carried,to GRANT the variance as applied for, and shown on the Survey/Site Plan prepared by David Saskas, L.S., last revised April 9, 2014 to show building to be removed. CONDITIONS: 1. A 15 foot wide Non-Turf Buffer shall be installed as per the Survey/Site Plan. 2. Pool mechanicals shall be placed is a sound deadening enclosure. Page 3 of 3—June 19,2014 ZAB#6750—Desai/Barsi SCTM#1000-51-1-15 3. Drywell for pool de-watering shall be installed. 4. Construction methods shall follow the recommendations described in a letter from Suffolk County Soil & Water dated June 12, 2014. 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, Goehringer, Dantes. This Resolution was duly adopted(5-0). V�W'Lk'n-- Leslie Kanes Weisman, Chai person Approved for filing /2014 SCTM No. 1000-OSI - I - 15 902p68A SURVEY O F F R O P E R T Y PROPOSED CROSS SECTION OF Situate HOUSE r SA IT RY SYSTEM FF EI.- 54' �/- NTS Town Of Southold ��,�(//��jP. ------------------------------------•_1 • Existin /Pro osed Grade S u f f o l k County, New York 1 -- ------------- P 3 34.6' ---19 SCALE: I - 30' EI. 49.52' El. 48.94' 1000 Gallon EI. 48.44' Septic Tank El. 48.25' AREA TO TIE LINE: 29,373 sq. ft. APR 1 (1) 8* Diu. x 12'Deep or 0.6743 acres cesspools AREA TO COASTAL EROSION HAZARD AREA LINE: +7A D OF APPEALS 19,194 s ft. or 0.4406 acres LONG ISLAND 4'Min. 1. 36.59' 9' SOUND -.-.-.-.-.-.-_-_-.-_-.-.-_-.-.-_-.-.Ground Water .-.-.- S 89°56'46"E S 79°16'52"E ZONING DISTRICT: ••R-40 •• 8.19\' /24.61' ,42.1 E -- --- 2.4 __ N 79.-'4 2.5 N +-- N 8 4°3 II 4"E-�_ _ -----3 g 6 4. Mean High Water Certified only to : 2.6 29.52' Located D-25-2013 N i t i n De s o t 4 Toe of Bluff e E Located 9-25-2013 /f'7 Coastal Erosion Hazard Area Line t 10 LOT COVERAGE OF BUILDABLE LAND: From Coastal Erosion Hazard Area Map - Photo #55-579-83Existing Lot Coverage: 1.400 sq.ft. (7.29%) Existing Dwelling: 1.053 sq.ft. - �'"�---- - Existing Stairs off House: 39 sq.ft. 2 "- .. �•"-' 20 Existing Shed: 152 sq.ft. STORMWATER RUNOFF CALCULATIONS -.`„ Existing I Story Frame Building 125 sq.ft. Sc - Prop. Roof Area x 0.167 �,`-�� - Existing Shed off I Sty. Fr. Bldg.: 31 sq.ft. Sc - 2.036 x 0.167 �� - Permitted Lot Coverage: 3.838 sq ft. (20%) Sc - 340.0 cu.ft. 3 1 30 -Percentages based on Town of Southold Buildable Land Provide (2) 8' dia.x 6' deep drywells (Lot area landward of Coastal Erosion Hazard Line 506 cu.ft. Provided - (19.194 sq.ft.) t.DW Indicates proposed drywell 40, /` PRorosED Nom-TURF---- 40 Proposed House: 1.552osed Lot sq.ft. sq.ft. (15.89%) i Gazebo to be // �=BUFFER 15' LANDWARD Fence Proposed Front Porch: 68 sq.ft. ---., Removed of BLUFF CREsT 0.4'E Proposed Rear Deck: 251 sq.ft. ' DW Indicates proposed pool dr well Proposed Garage: 484 sq.ft. P•, P P P y Bluff Crest as per 5O Proposed Pool Equip. Enclosure: 82 sq.ft. .•__.- / Saskas Surveying Co.. P.C. 5 -------- __ ... --•••'- �' Proposed Pool w coping: 612 sq.ft. NOTE: No offsite fill to be trucked Located 9-25-2013 " onto property - - Building & Shed Proposed 4' Wide l p N o be removed Path to be Maintained _ Q for Stair Access __'°a tal Erosion a and ea Line Fence 52 _ 1.2'E (McDonald GeoScience) A proximate Location of w 53.0, proposed Project _ �c TEST HOLE October 28. 2013 �. Liartiag Fence Elevation: 52.0' xis ting Sanitary System ConcrE�, Building to be Removed as per P pored to be Staked Hay Boles Shed 0' - 0.5' Mixed sand. loam & gravel SCDHS Standards 532 Po Fence Remove cow- x 0.5' - 7' Brown sandy silt ML \V M a3 p Sh9 E m•- o 0 7' - 49' Brown si I ty sand SM 49' - 59' Water in brown silty sand SM -''....".`.. o'�c m FF Elev. 59' - 65' Water in brown fine to medium sand SP 52.4- _O aOic v) Groundwater a Elev. 3.0' 54 "� N Q-tW X p Ex sting 1 Story Frame v� Fence Dwelling O a FF Elev. 55.3' I O o 0.8'W to be Removed Q O~ �° Proposed Well ApPproximate Location of v FINAL MAP 314 O Exrsiing Sanitary System o r- m 8 54,3 REVIEWED B ow'', SEE DECISIONJ/ VFx. 54 34.: DW; + oesed 50.8 DATED / v stoneveway to 18.3 rn Removed Proposed Deck 18.3 I m Pro ose Conc. Pad Enclosure or ool E uip. Q J Propose d ti• , pp k Drywel�s O § a 2 Story PSagR�4y�ee� Proposed d I C ;Roof Reck i House n Fence Approximate Location NFA 12.1 ti a.o'•'. x `�1.0'E of Existing House I r--- x j 00 V Gate 1 pro Porch x Approximate Location 20.2• - - of Existing House Z t `- C O d 0 y Proposed TEST --'-__ 10.0' ° o Pervious I HOL �I 2'0' I Gravel _I ni I DrivewayRe - - o c Proposed _ 1 s G Cage Well Land Now or Formerly of `� i shed to be'- Land Now or Formerly of Mary Yatrakis i O`' removed - 100 18975 Sound View Avenue LLC a) o m 52- ---r--- I --•-1 48 E E o ��co a (: E °a) Install: (n 8' dio.x 12' deep Cesspool ` t•: & (1) 1.000 gal. Septic Tank ?' z I t \ Well 4S O a i (To Be v ° U Well Fence S Abandoned) 3 N 2.8'St, 0 46 0 Z �o Cesspool 0.7'W t: \ t. 1 - LL x �. N 87a2'30- 440.22' o 100.00' -' 0 indicates set lath. 510.2 / 44 ■ indicates found concrete monument . O indicates found iron rod. indicates set 12" iron pin . (S 0 u n d * indicates utility pole. VI e w A Venue NOTES: 50 Edge of Pavement --------___�-_ 43.4 1. Unauthorized alteration or addition to a survey map bearing o licensed land 4B surveyors seal is a violation of section 7209. sub division 2 of the N.Y. 46 44 State Education Law. No Structures within 150' 2. Only copies from the or' 'I of this survey marked with an original of the Not a valid co unless marked fond surveyor's embossed seal or inked seal shall be considered to be valid P April 9. 2014: Show building to be removed copies. with original rand surveyor's April 1. 2014: Revise fill & add dimensions P embossed seal & signature 3. Certifications indicated hereon si nit that this survey was prepared in February 21. 2014: Lath proposed structures g Y Y P P February 7. 2014: Proposed site plan accordance with the existing Code of Practice for Land Surveys adopted by the N.Y. State Association of professional Land Surveyors. Said certifications December 16, 2013: Proposed site plan shall run only to the person for whom the survey is prepared. and on his behalf December 3. 2013: Locate neighboring shed to the Title company. governmental agency and Lending institution listed hereon, October 29. 2013: Test hole and to the assignees of the lending institution. Certifications are not trans October 25. 2013: Neiqhboring well & septic info ferable to additional institutions or subsequent owners. 4. Underground improvements or encroachments. if any. are not shown hereon. Surveyed: September 25. 2013 David L. Saskas 5. The existence of right of ways. wetlands and/or easements of record, if any. N. Y. S. L i c. No. 049960 not shown are not guaranteed. 6. All natural features shown on survey. including but not limited to Bluff Crest. S a s k a s Surveying Company, P.C. 124 Cedar Street Clearing. and Wetlands should be verified with the appropriate regulatory agency. ® ® East Hampton . New York 11937 7. Elevations shown are based on USC & GS datum. (NAVD 1988) IS U R V E Y I N G (631 ) 324-69 17 FAX 329-4768 �F� /V EN-CONSULTANTS April 9,2014 Vicki Toth70 Board of Zoning Appeals Town of Southold '7 �- P.O. Box 1179 Southold,NY 11971 A P R 1 ` i Re:Desai. 1000-51-1-15 BOARD OF APPEALS Dear Ms.Toth: Pursuant to our telephone conversation,please find enclosed nine(9)copies of a site plan prepared by Saskas Surveying Company P.C.,last dated April 9,2014,which has been revised to reflect the proposed removal of the existing gazebo at the top of the bluff stairway and the"1-story frame building"and attached"shed"(actually an attached storage bin)located in the northeast portion of the property near the top of the bluff. Please continue to process our variance application for the Board's June meeting accordingly. Res ectfully yours, Robert E.Herrmann Coastal Management Specialist 1319 North Sea Road I Southampton, New York 11968 1 p 631.283.6360 1 f 631.283.6136 www.enconsultants.com -- - environmental consulting SUFFOLK COUNTY SWCD Paul A.TeNyenhuis, CPESC ys 423 GRIFFING AVENUE 'K OQ District Manager SUITE 110 631)852-3286 RIVERHEAD,NY 11901 FAX(631)852-3302 coNSvP�O� George Proios, Chairman www.SuffolkSWCD.org (516)607-1566 ----------------------------------------------------- ------------------------------------------------------------------------- --------------------------------------------------------------- Leslie K.Weisman,Chairperson RECEIVED Town of Southold Board of Appeals 0 P.O. Box 1179,53905 Main Road JUN j 2 1 v Southold, NY 11971 2014 June 12, 2014 BOARD OF APPEALS Re:ZBA#6750 Desai&Barsi, LLC SCTM#1000-51-1-15 Dear Ms.Weisman: As per your request, our office has conducted an evaluation of the above subject property for the purpose of reconstructing a two-story single -family dwelling and in-ground swimming pool after the existing residence is removed. This evaluation of the property located at 18915 Soundview Ave in Southold was conducted on May 21, 2014. The bluff itself was found in fairly stabile condition with dense overgrown vegetative cover, including small trees, shrubs and vines with vegetative cover and the foreground (yard) leading to the bluff top is in turf grasses. The bluff face shows some slight erosion due to runoff that should be diverted, however, considering the plans for the new construction this should be remediated within that design. The bluff top edge has a slight overhang. There are retaining walls built into the bluff face that are in disrepair. The stairwell leading to the beach is also in need of repair or reconstruction. During construction, it is recommended that heavy machinery,equipment,or supplies be stored or used a minimum of a 25' setback from the bluff top edge. The heavy weight and vibrations from the machines may cause sloughing of the bluff. Finally, running machines for long periods of time may cause erosion to the neighboring bluff due to the fact that it is not vegetated and in need of remediation. The general topography of the property is sloping away from the bluff face and the land itself is entirely vegetated with grasses and some landscaping. There are two large tree stumps in the ground and it is recommended that these be left intact. The first stump located in the yard by the gazebo is close to the bluff top edge. Removal of the stump and its roots would lessen the integrity of the bluff and may lead to further erosion. The stump located near the East corner of the house should remain in place unless it interferes with construction. If this stump is removed proper measures should be taken to fill the area appropriately in order to avoid a future sinkhole issue. Overall,the property was found to be suitable for its current proposal. I would like to thank you for requesting the comments of the Suffolk County Soil and Water Conservation District. if you have further questions regarding this evaluation,feel free to contact us at your earliest convenience. Sincerely, Ann Marie Calabro Soil District Technician Office Hours:Monday through Thursday 7:30 a.m.to 4:00 p.m. Friday 7:30 a.m.through 3:00 p.m. ��� S� OFFICE LOCATION: Ury MAILING ADDRESS: �� Ol Town Hall Annex ti O P.O. Box 1179 54375 State Route 25 Southold, NY 11971 ���(cor. Main Rd. &Youngs Ave.) N j uthold, NY 11971Q Telephone: 631 765-1938 Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD 6 `J v MEMORANDUM RECEIVED MAY 2 7 2014 To: Leslie Weisman, Chair BOARD OF APPEALS Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: k"27, 2014 Re: Coastal Consistency Review for ZBA File Ref C. BARSI, LLC and NITIN P. DESAI #6750 SCTM#1000-51-1-15 C. BARSI, LLC and NITIN P. DESAI #6750 - Request for Variance from Article XXII Section 280-116 and the Building Inspector's March 25, 2014, amended March 31, 2014 Notice of Disapproval based on an application for building permit for demolition of an existing single family dwelling, sheds and gazebo, and construction of a new single family dwelling, accessory garage and accessory in-ground swimming pool, at; 1) less than the code required setback of 100 feet from the top of bluff for the accessory in- ground swimming pool, located at: 18915 Soundview Avenue (adj. to Long Island Sound) Southold, NY. SCTM#1000-51-1-15 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the LWRP policies and therefore CONSISTENT with the LWRP. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. 04/22/2014 .12:15 631-853-4044 S C PLANING DEPT PAGE 02 COUNTY OF SUFFOLK RECEIVED APR 2 4 2014 /\ Steven Bellone SUFFOLK COUNrX F.XECUT1W, BOARD OF APPEALS Department of Economic Development and Planning Joanne Mi aieri Division of Planning Deputy County Executive and Commissioner and Environment Apri122,2014 Town of Southold Zoning Board of Appeals 53095 Main Road P.O.Box 1179 Southold,QTY 11971.-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the.requirements of Sections A14-14 thru A 1425 of the Suffolk County Administrative Code,the following application submitted to the Suffolk County Planning Commission is to be a matter for local determinationas there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or- disapproval. AiDuliicant MunicipalFYleNumber Zuar, Gary&Kathleen 6743 Kalaijian,Stephan 6744 Carbone,Ralph Jr.. 6746 l~ilipkowski,Karol 6747 Filipkowski,Karol 6748 Desai&Barsi,LLC 6750 Very truly yours, Sarah Lansdale Director of Planning Theodore R.Klein Senior'planner TRKIcd H.LEE DPNNISON BLDG m 100 VPTERAN3 MEMORIAL WArY,4th FI■P.O.BOX 6100■HAUPPAUGE.NY 11786.0099 0(631)863.6191 Y RECEIVED FORM NO. 3 UNT2014 7 2014 NOTICE OF DISAPPROVAL BOARD OF APPEALS DATE: March 25, 2014 AMENDED: March 31, 2014 TO: En-Consultants(Desai &Barsi, LLC) 1319 North Sea Road Southampton, NY 11968 Please take notice that your application dated March 10, 2014 For permit for demolition of an existing single family dwelling and existing shed and construction of new single family, accessory garage and accessory in-ground swimming pool at Location of property: 18915 Soundview Avenue, Southold, NY County Tax Map No. 1000- Section 51 Block 1 Lot 15 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXII Section 280-116 which states; "All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank." Following the proposed construction the accessory in-ground pool will have a setback of 75 feet from the top of the bluff, at its closest point. This Notice o Disapproval was amended to remove the need for a side yard setback variance after it was revealed to the building department that the 80-square-foot area on the west side of the property is not a structure but represents the location oool equipment on a concrete pad. uthoriz 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. Ask low qW Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS RE EII' AREA VARIANCE APR 0 7 2014 House No. 18915 Street Soundview Avenue Hamlet Southold F APPEALS SCTM 1000 Section 51 Block 1 Lots) 15 Lot Size 0.4406 acre Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: March 31,2014 BASED ON SURVEY/SITE PLAN DATED February 21,2014 Applicant(s)/Owner(s): Nitin P.Desai&C.Barsi,LLC Mailing Address:c/o Kartik Desai,POA/Agent;456 West 19th Street,Apt.2E,New York,NY 10011 Telephone: 212-414-2701 Fax: 212-414-2683 Email:kartik@tamarkinco.com NOTE:In addition to the above,please completed below if applicant is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: En-Consultants for(X)Owner ( )Other: Address- 1319 North Sea Road,Southampton,NY 11968 Telephone: 631-283-6360 Fax: 631-283-6136 Email:rherrmann@enconsultants.com Please check box to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X) Authorized Representative,( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 2/21/14 and DENIED AN APPLICATION DATED 3/10/14 FOR ()(► Building Permit O 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 and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article xx11 Section 280- Subsection 116(A)(1) Article Section 280- Subsection Type of Appeal. An Appeal is made for: (X)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal ( )has, ( )has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). (P le q s e be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# RECEIVE® REASONS FOR APPEAL (Please be specific additional sheets may be used with preparer's APR 0 7 2014 signature notarized): 4PPEALS -50(1)An undesirable change will not be produced in the CHARACTER of the neighborhood or a toc.� properties if granted,because: See attached. (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: See attached. (3)The amount of relief requested is not substantial because: The 25 feet of relief requested for the proposed swimming pool from the required 100'bluff setback is not mathematically substantial(25%)and in fact represents a 56%improvement to the existing 48'bluff setback to the existing dwelling, which is being relocated to a conforming 100'bluff setback. Therefore,the relief requested for the swimming pool is also insubstantial relative to the existing site conditions and bluff setback nonconformity. (4)The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: See attached. (5)Has the alleged difficulty been self-created?J()Yes,or { )No. Although the existing dwelling is located a nonconforming distance from the crest of bluff,the parcel is deep enough to allow the new dwelling to be relocated a conforming distance of 100'from the bluff crest,as proposed. Because the property could be redeveloped without the benefit of a swimming pool,the relief necessitated by the proposed swimming pool is self-created. Are there any Covenants and Restrictions concerning this land: {X}No { )Yes(please furnish copy). This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health, safety,and w1:::L— Signature n of A pellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this 7th Robert E.Herrmann day f 2014 arch Coastal Management Specialist blic KIM H , STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO . 5015931 OUALIFIED IN SUFFOLKCOU TY EXPIRES AU6UST 7 . 201-1 ! 0 RECEIVE Nitin P. Desai and C. Barsi, LLC "Reasons for Appeal" Page 1 of 2V?-SV APR 0 7 2014 1. The granting of the requested relief from §280-116(A)(1) for the proposed sswirmmmg pool locca�ea less than 100 feet from the bluff crest will not have an adverse impact on neighboring properties or the character of the community because 1) the developed shoreline community along Soundview Avenue is characterized by numerous dwellings and swimming pools located similarly nonconforming distances from the bluff crest, including the swimming pools located on both adjoining parcels and the existing dwelling on the subject property, which is presently located 48 feet from the bluff; and 2) the project would result in both a substantial decrease in the subject property's existing bluff setback nonconformity and an increase in the uniformity of the alignment of residential structures in the surrounding neighborhood relative to the bluff. Specifically, the parcel to the east contains a swimming pool that appears to be located roughly 30 feet from the bluff crest; and the parcel to the west contains a swimming pool that was constructed 75' from the bluff crest with the benefit of variance relief granted by the Board in 2009, at which time relief was also granted for construction of a new dwelling on the then vacant parcel 90 feet from the bluff crest (Case No. 6237). Here, the existing dwelling is proposed to be demolished and replaced with a new dwelling relocated approximately 52 feet farther from the bluff to a conforming 100' setback, where it will exceed the bluff setback granted to the adjacent dwelling but align generally with both adjoining dwellings relative to the top of the bluff. And the 25' of relief requested to locate the proposed swimming pool on the seaward side of the new dwelling and 75' from the bluff crest represents the identical relief granted for the pool to the west, so the proposed pool would similarly align with that pool relative to the top of the bluff. Granting the requested relief would thus be consistent with the relief recently granted to the adjacent westerly parcel and would result in the residential structures on all three properties becoming more uniformly aligned with respect to their bluff setbacks, with the exception of the swimming pool located to the east. 2. The benefit sought by the applicant with respect to the overall project is the replacement of an aging dwelling structure located too close to the bluff with a new dwelling located farther from the bluff and construction of a detached garage and swimming pool located on the roadside and waterside of the dwelling, respectively. Similar to the conditions under which relief for both the proposed dwelling and pool were granted on the then vacant parcel to the west, placement of the new dwelling and garage any closer to the road such that the pool could also be located 100' from the bluff would result in the need for variance relief for those structures from the road and would result in the house being located behind the two adjoining dwellings. Such a condition would be out of character with the neighboring properties and would severely compromise the use and enjoyment of the property. Therefore, the proposed layout requiring 25% of setback relief for the pool while more than doubling the bluff setback to the dwelling represents the most feasible and reasonable alternative for the applicants to achieve their goals. Sworn to before me this 2"d lit,-t day of April, 2014 Robert E. H mann Coastal Management Specialist KIM H . STEPHENS Notar ublic NOTARY PUBLIC STATE OF NEW YORK COMMISSION N0 . 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AU6UST 1 , 1017 RECEIVEDI^ Nitin P. Desai and C. Barsi, LLC "Reasons for Appeal"Page 2 of 2 APP U 7 2014 by pF APPEALS 4. The design of the overall site redevelopment will provide an impr to physical and environmental conditions through a net reduction in the property's existing degree of nonconformance with respect to bluff setbacks; and the additionally proposed mitigation measures will further enhance the ecological conditions on and adjacent to the subject property. Specifically,the site is presently characterized by a single family dwelling located 48 feet from the bluff crest with no drainage system to collect roof runoff; an antiquated septic system located 36 feet from the bluff; and a lawn that extends to the edge of the bluff. The proposed project seeks to remove these existing structures and to construct a new dwelling located 52 feet farther landward to a conforming bluff setback distance of 100', i.e., a 108% improvement to the dwelling's bluff setback; to install a drainage system of leaders, gutters, and drywells to collect and recharge roof runoff, to install an upgraded, SCDHS-approved sanitary system located more than 150 feet from the crest of bluff and more than 230 feet from the surface waters of Long Island Sound; and to establish a 15-foot wide, approximately 1,500 sf non-turf buffer along the top of the bluff in place of existing lawn. The proposed swimming pool, which is the subject of the variance application and the only new structure proposed to be constructed within the Town's wetlands jurisdiction, exceeds the 50' bluff setback for swimming pools required by the Town Wetlands Law pursuant to §275-3(D)(1)(b)(4). The pool would also be located 27' farther from the bluff than the existing dwelling and more than 150 feet from the surface waters and littoral zone wetlands of Long Island Sound. A temporary project limiting fence and staked haybales would be set in place to control and contain site disturbance during construction, and a permanent, dedicated drywell would be installed to contain pool backwash. Together, the proposed landward relocation of structures and additional mitigation measures will thus result in a substantial improvement to the property's bluff setbacks; a potentially significant improvement to both groundwater and surface water quality through improved treatment of effluent before it reaches the groundwater table; a reduction in potential roof runoff through capture and recharge by the proposed drainage system; and improved capture and filtering of surface water runoff by the non-turf buffer before it reaches the bluff, which also protects against potential top-down bluff erosion. Sworn to before me this 2nd L day of April, 2014 Robert E. errmann Coastal Management Specialist otary ublic KIM H . STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION N0 , 5015931 0UAL IFIE0 IN SUFFOLK COUNTY EXPIRES AUGUST 2 . 2017 APPLICANT'S PROJECT DESCRIPTION RECEIVED Applicant: Nitin P.Desai and C.Barsi,LLC Date Prepared: April 2,2014 APR 0 7 2014 I. For Demolition of Existing Building Areas 0OARD OF APPEALS Please describe areas being removed: Existing dwelling and shed located less than 50'from bluf crest;and shed located more than 100'from bluff. 11. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height(from finished ground to top of ridge): N/A Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: N/A 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: Proposed 16'x 32'inground swimming pool located 75'from crest of bluff. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 1,400 sq.ft. Proposed increase of building coverage: 1,774 sq.ft. Square footage of your lot: 19,194 sq.ft.(buildable land) Percentage of coverage of your lot by building area: 16.54% V. Purpose of New Construction•Remove outdated,aging dwelling structure and construct new house that conforms with 100'bluff setback;and construct new swimming pool and detached garage where proposed swimming pool requires relief from bluff setback. VI. Please describe the land contours(flat,slope %, heavily wooded, marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): The property is characterized by a bluff fronting Long Island Sound,which establishes the need for all buildings on the property to be set back at least I 00'frorn the top of the bluff. Please submit eight (8) 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 M • RECEIVED 0��D QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION APR, 0 7 2014 A. Is the subject premises listed on the real estate market for sale? BOARD OF APPEALS Yes x No B. Are there any proposals to change or alter land contours? X No Yes,please explain on attached sheet. C. 1)Are there any areas that contain sand or wetland grasses? Yes 2)Are these areas shown on the map submitted with this application?Yes 3) Is the property bulkheaded between the wetlands area and the upland building area? No 4) If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? No Please confirm status of your inquiry or application with the Trustees:Will be submitted upon completion of ZBA review as and if issued,please attach copies of permit with conditions and approved survey. required by Trustees. 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 and are not shown on the survey map that you are submitting? No Please show area of the structures on a diagram if any exist. Or state "none" on t e a ove line. F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Residential,single family dwelling and proposed use same with swimming pool and detached garage (ex:existing single-family dwelling,proposed:same with garage,poo r other) Authorized Sig'na.Tdre and Date Robert E.Herrmann Coastal Management Specialist 0 ! RECEIVED AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS APR 0 7 20 4 TOWN OF SOUTHOLD BO WHEN TO USE THIS FORM. The form must be completed by the applicant for any speeciiaARD OF use 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 agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239m and 239n of the General Municipal Law. 1)Name of Applicant: Nitin P.Desai&C.Barsi,LLC 2)Address of Applicant:c/o Kartik Desai,POA/Agent;456 West 19th Street,Apt.2E,New York,NY 10011 3)Name of Land Owner(if other than applicant) Same as Applicant 4)Address of Land Owner: 5)Description of Proposed Project:Demolish and remove existing,one-story,single family dwelling,two sheds, driveway,and masonry surfaces and construct new,one and two-story,single family dwelling with attached deck and porch,a 16'x 32'inground swimming pool,and a 22'x 22'detached garage;remove existing sanitary system and install new sanitary system;install pool enclosure fencing,drywell to capture pool backwash,and concrete pad and fence enclosure for pool equipment;install drainage system of leaders,gutters,and drywells to collect roof runoff;remove existing driveway and install new pervious gravel driveway and parking area;and establish 15' wide,approximately 1,500 square-foot non-turf buffer adjacent to bluff crest in place of existing lawn,all as depicted on the site plan prepared by Saskas Surveying Company,P.C.,last dated April 1,2014. 6)Location of Property (road and tax map number): 18915 Soundview Avenue,Southold 7)Is the parcel within 500 feet of a farm operation? t )Yes {X}No 8)Is this parcel actively farmed? k)Yes { )No 9)Name and address 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 back side of page if there are additional property owners.) i - 4 /-2 / 2014 Sin re 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.Solicitation will be made by supplying a copy of this statement. 2.Comments returned to the local board will be taken into consideration as part of 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. DECEIVE�_7_0 617.20 Appendix B APR 0 7 2.014 Short Environmental Assessment Form BOARD OF APPEALS Instructions for Completinz Part I-Project Information.The applicant or project sponsor is responsible for the completion of Part 1.Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available.If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part I-Project and Sponsor Information Name of Action or Project: Nitin P.Desai and C.Barsi,LLC Residence Project Location(describe,and attach a location map): 1895 Soundview Avenue,Town of Southold,Suffolk County;SCTM#1000-51-1-15;property is located on north side of Soundview Avenue,+/-500'east of Mt.Beulah Avenue;location map attached. Brief Description of Proposed Action: Demolish and remove existing,one-story,single family dwelling,two sheds,driveway,and masonry surfaces and construct new,one and two-story,single family dwelling with attached deck and porch,a 16'x 32'inground swimming pool,and a 22'x 22'detached garage;remove existing sanitary system and install new sanitary system;install pool enclosure fencing,drywell to capture pool backwash,and concrete pad and fence enclosure for pool equipment;install drainage system of leaders,gutters,and drywells to collect roof runoff,remove existing driveway and install new pervious gravel driveway and parking area;and establish 15'wide, approximately 1,500 square-foot non-turf buffer adjacent to bluff crest in place of existing lawn,all as depicted on the site plan prepared by Saskas Surveying Company,P.C.,last dated April 1,2014. Name of Applicant or Sponsor: Telephone: 212-414-2701 Nitin P.Desai&C.Barsi,LLC E-Mail: kartik@tamarkinco.com Address: c/o Kartik Desai,POA/Agent;456 West 19th Street,Apt.2E City/PO: State: Zip Code: New York NY 10011 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2.If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes, list agency(s)name and permit or approval: X Town of Southold, SCDHS 3.a.Total acreage of the site of the proposed action? 0.67 acres b.Total acreage to be physically disturbed? <0.46 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.67 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial ®Residential(suburban) ❑Forest ❑Agriculture ®Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 �FCEIVED � • 5.Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? D pF APP ALS X b.Consistent with the adopted comprehensive plan? DAR X 6.Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X 8.a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: A new private water supply(well)is X proposed. 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: A new,upgraded on-site sanitary X system is proposed. 12.a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? X X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal, state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: 14.Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply. ® Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ®Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES Page 2 of 4 RECEIVED APR 41 18.Does the proposed action include construction or other activities that resu thvAo9x9Pr NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X 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: X I AFFIRM THAT THE INFORM ION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Robert errmann,Coastal Mgmt. Specialist Date: April 2,2014 Signature: Part 2-Impact Assessment.The Lead Agency is responsible for the completion of Part 2.Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer.When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RECEIVED � No,or Moderate small to large APR 0 7 4 impact impact may may occur 10. Will the proposed action result in an increase in the potential PYW,fk5in'g or rainage problems? 11.Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance.The Lead Agency is responsible for the completion of Part 3.For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part I Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts.Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude.Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 RECEIVED APR 0 7 2014 APPLICANT/OWNER 6 T5'0 PEALS TRANSACTIONAL DISCLOSURE FORM BOARD OF AP The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : C Barsi, LLC and Desai, Nitin P. (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 APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 6th day of March 20 14 Signature Print Name Kartik Desai as POA/Agent RECEIVED APR 0 7 201W, AGENT/REPRESENTATIVE BOARD OF APPEALS TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME Herrmann,Robert E. (Last name,first name,middle initial,unless you are applying in the name or someone else or other entity,such as a company.if so,indicate the other person's or company s name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance XXX Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 2 d day of April 2014 Signature Print Name Robert .Herrmann RECEIV Town of Southold LWRP CONSISTENCY ASSESSMENT FORM APR 0 7 2014 A. INSTRUCTIONS OAR? OF APPEALS 1. All applicants for perm its' including Town of Southold agencies, shal�com p ete this CCAF for proposed actions that are subject to the Town of Southold W aterfront Consistency Review Law , This assessm ent is intended to supplem ent other inform ation used by a Tow n of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant icant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 51 - 1 15 PROJECT NAME Nitin P.Desai&C.Barsi,LLC The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital ❑ construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: Nature and extent of action: Demolish and remove existing,one-story,single family dwelling,two sheds,driveway,and masonry surfaces and construct new,one and two-story,single family dwelling with attached deck and porch,a 16'x 32'inground swimming pool,and a 22'x 22'detached garage;remove existing sanitary system and install new sanitary system; install pool enclosure fencing,drywell to capture pool backwash,and concrete pad and fence enclosure for pool equipment;install drainage system of leaders,gutters,and drywells to collect roof runoff;remove existing driveway and install new pervious gravel driveway and parking area;and establish 15'wide,approximately 1,500 square-foot non-turf buffer adjacent to bluff crest in place of existing lawn,all as depicted on the site plan prepared by Saskas Surveying Company,P.C.,last dated April 1,2014. . DECEIVE Location of action:18915 Soundview Avenue,Southold APR 0 7 201 . Site acreage: 0.4406 acre BOARD OF APPEALS Present land use: Residential,single family dwelling Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Nitin P.Desai&C.Barsi,LLC;c/o Kartik Desai,POA/Agent (b) Mailing address: 456 West 19th Street,Apt.2E New York,NY 10011 (c) Telephone number: Area Code 212-414-2701 (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?NYS DEC Letter of Non-Jurisdiction, SCDH C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III- Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable RECEIVED APR BOARD OF APPEA Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ❑Yes ❑ No ® Not Applicable 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 1:1No ® Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ❑Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ❑Yes ❑ No ® Not Applicable • 0 RECEIVgD n APR 07914 BOARD OF 1lT PPE ACLS Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ❑ Yes [:] No® Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES r Policy 10. Protect Southold's waterendent uses and promote siting olow water-dependent uses in suitable locations. See LWRP Section'Ill - Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable RECEIVED1100/_ 014 BOARD OF APPEAL Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and1own 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 PREPARED BY TITLE coastal Mgmt. specialist DATEApri12,2014 Robert E7. Ffeftmann Amended on 811105 RECEIVE - EN-CONSULTANTS APR 0 7 2014 BOARD OF APPEALS April 2,2014 Southold Town Zoning Board of Appeals Town Hall 53095 Main Road P.O.Box 1179 Southold,NY 11971 Attn.: Vicki Toth Re: Nitin P.Desai&C.Barsi,LLC 18915 Soundview Avenue, Southold SCTM 41000-51-1-15 Dear Ms.Toth: Enclosed for review are a total of(9)separate sets of the following for your review: 1. Notice of Disapproval from the Building Inspector. 2. Office Check List 3. Zoning Board of Appeals application including; a. Reasons for Appeals(additional pages 1-2 of 2). b. Applicant's Project Description. c. Questionnaire(with attachment). d. Certificate of Occupancies. e. Agricultural Data Statement(project description attached). f. Short Environmental Assessment Form(location map attached). g. Owner's Consent. h. Applicant&Agent Transactional Disclosure Forms. 4. LWRP Consistency Assessment Form. 5. Site Photographs. 6. Survey prepared by Saskas Surveying Company,P.C.,last dated April 1,2014. 7. Property card. 8. Application fee of$500. I hope this information shall allow you to process our request. Should any additional information be required, please do not hesitate to contact our office. Sincer y, Robert .Herrmann Coastal Management Specialist /khs Enc. _ 1319 North Sea Road I Southampton,New York 11968 1 p 631.283.6360 1 f 631.283.6136 www.enconsultants.com environmental consulting FORM NO. 4 • RECEIVED TOWN of souTxoLD On BUILDING DEPARTMENT APR 0 7 2014 Office of the Building Inspector Town Fall BOARD OF APPEALS Southold, N.Y. i 0 CERTIFICAT1 OF OCCUPANCY NO: Z-30145 Date: 04 2 004 THIS CERTIFIES that the. building ADDITION & ALTERATION `Location of Property: 18915 SOUNDVIEW AVE SOUTHOLD 1 (H.bU&E NO.) (STREET) (HAMLET) i -County Tax Rap No. 473q8 Section 51 Bloch 1 Lot 15 -Subdivision Filed Map No. Lot NO. conforms substantially to the Application for Building Permit heretofore filed in this office dated DECEMBER 2, 2002 pursuaiit to which Building Permit NO. 28.962=Z dated DECEMBER 2, 2002 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ADDITION AND ALTERATION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to JAMES M LIEBL & LINDA COUTURE (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 1108500 02/26/03 PLUMBERS CERTIFICATION DATED N/A Authoriz Ignat Rev. 1/81 FORM NO. 4 RECEIVED6 TOWN OF SOUTHOLD VJ � BUILDING DEPARTMENT APR 0 7 2014 Office of the Building Inspector Town Hall Southold, N.Y. BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No Z-22728 Date NOVEMBER 16, 1993 THIS CERTIFIES that the building ACCESSORY Location of Property 18915 SOUNDVIEW AVENUE SOUTHOLD, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 51 Block 1 Lot 15 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 24, 1993 pursuant to which Building Permit No. 21700-Z dated OCTOBER 8, 1993 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY SHED AS APPLIED FOR The certificate is issued to JAMES LIEBL & LINDA COUTURE (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITEERS CERTIFICATE NO. NLA PLUMBERS CERTIFICATION DATED N/A Building Inspector Rev. 1/81 FoRa+r NO, 4 TOWN OF SOUTHOILD RECEIVED BUILDING DEPARTMEN TOWN CLERVS OFFIC SOUTHOLD. N. Y. APR 0 7 2014 BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No. . ,2 w 338.7 . . bate . . .,D4C.00ber. . 17 r. ... . .. .. ., 19R. THIS CERTIFIES that the building located at ...,,.. Street Map No. . .. .... . . ... Block No. . . .. . .. .. .. .Lot No. . .Awt- 143'.d.,Mmxpa. . ..... .. F conforms substantially to the Application for Building Permit heretofore f1W in this office dated ... . . . . ..Juee 2Ir. ., 19'p. pursuant to whish Building Permit NTo392.7 V. dated ... . . .. ... 19.0., was issued, ana conforms to aU of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is ... 00Y#Aq.Me. .family.-dwelling . . . . .. . .. . . . . . ... .. .. .. . . .. .. . .. . . . . The certificate is issued to . . . . Helen, Ga rnecky........ .. .. ...... .... .... . .. . . . .. (owner, lessee or tenant) of the aforesaid building. ,Suffolk County Department of Health Approval .. . . . . . . . . . .. . .. . . . . .. .. . . .. . . .. ... . .. . .. . . . . . . . . . . . . .. .. .. .. .. . . ... . .. .. .. . . . .. . .. . Building Inspector RECEIV��� APR 01 2014 Board of Zoning Appeals Application BOARD OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) l� Kartik Desai as POA/Agent residing at 456 W 19th ST.APT 2E, New York, NY 10011 (Print property owner's name) (Mailing Address) do hereby authorize En-Consultants (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) Kartik Desai as POA/Agent (Print Owner's Name) 25 235 T RD C",77 t . on �1 I LA mocwfrm yL ::Jf �{rnNTethOdfstJ V, ®ney a tt F P WT 48 25 Southold His Soc `y'go >� �BI � Town Park ' OUTHOL D ` I AY r Gem f LA So :Custer EIN Indian Mu InstiVIV tute �p vt g GREATNECK CK AY 1 I ri BAYVIEW 14 1 ,OV a �e /l l l / / / I I • / • I / / / ' I / / l / / / / //l llll I..........T� # - mss .. �= TOWN OF : SO O CARD OWNER _ TRE /yam' 1LF �E DISTRICT SUB. LOT f✓ i 1 FOR,Y►ER OVA/ €R N tJ E f ACREAGE - - - TYPE OF BUILDING REST o v) SEAS.�r VL. FARM COMIM. J IND. � CB. � Misc. LAN€? IMP. TOTAL DATE REMARKS S �ooE r P23 : r- !� 9,',-�Pc `1O -Loh a0- Tillable 1 Tillable 2 ? S 27-72- Tillable 3 i Woodland s 1 Swampland O Brushla p -v rn House Plot i I '� 1 Total I 1 1 fir. {i f. �t s£ } � i " -.✓r C zip _.5. . , ■■� ■�n■■■■■■ ■■�� ■n■■■ ■� Bldg. Foundation - Both i 40ASO 5 - rE I Floors Lox :Vq L'l' . , s g• -� Extension Fire Place A/70 Heat Porch Attic • PorchEE •. • b i s • • � , 'e 'or s •• — f ' Driveway • 3 - e f > Vv- V i V * * * RECEIPT * * * Date: 04/08/14 Receipt#: 167032 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6750 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#6086 $500.00 En-consultants, Inc. Name: En-consultants, Inc. 1319 North Sea Drive Southampton, NY 11968 Clerk ID: CAROLH Internal ID:6750 o��g11FF0��co ELIZABETH A.NEVILLE,MMC h� l/.f, Town Hall,53095 Main Road TOWN CLERKP.O.Box 1179 COD 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 5 Fax(631)765-6145 MARRIAGE OFFICER y RECORDS MANAGEMENT OFFICER ��,( .��� Telephone(631)765-1800 FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 8, 2014 RE: Zoning Appeal No. 6750 Transmitted herewith is Zoning Appeals No. 6750 of En-Consultants for Nitin P. Desai& C. Barsi,LLC -the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter Dated April 2, 2014, Certificate of Occupancy No. Z-30145 for Addition and Alteration to an Existing One Family Dwelling Dated April 20, 2004, Certificate of Occupancy No. Z-22728 for Accessory Shed Dated November 16, 1993, Certificate of Occupancy No. Z 3387 for Private One Family Dwelling Dated December 17, 1968, Authorization Letter from Kartik Desai as POA/Agent to En-Consultants to Represent them in this Matter, Map Showing Area of Property, One Page of Photos, Copy of Property Record Card, Southold Town Zoning Board of Appeals Check List,Notice of Disapproval from Building Department Amended March 31, 2014, Site Plan Showing Existing&Proposed Construction, Survey of Property Showing Existing & Proposed Construction Dated April 1, 2014 Prepared by Saskas Surveying. BOARD MEMBERS • •Southold Town Hall Leslie Kanes Weisman,Chairperson O��QF $UUryOI 53095 Main Road•P.O.Box 1179 p Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer �, Town Annex/First Floor,Capital One Bank George Horning • COQ 54375 Main Road(at Youngs Avenue) Kenneth Schneider ��yCOUNTY Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 5, 2014 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, JUNE 5, 2014: 1:40 P.M. - C. BARSI LLC and NITIN P. DESAI #6750 - Request for Variance from Article XXII Section 280-116 and the Building Inspector's March 25, 2014, amended March 31, 2014 Notice of Disapproval based on an application for building permit for demolition of an existing single family dwelling, sheds and gazebo, and construction of a new single family dwelling, accessory garage and accessory in-ground swimming pool, at; 1) less than the code required setback of 100 feet from the top of bluff for the accessory in- ground swimming pool, located at: 18915 Soundview Avenue (adj. to Long Island Sound) Southold, NY. SCTM#1000-51-1-15 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(M-Town.Southold.nv.us Dated: May 5, 2014 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1 st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net May 5, 2014 Re: Town Code Chapter 55 -Public Notices for Thursday, June 5, 2014 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before Mav 19th• Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinc,Laddress or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible: AND not later than May 26th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later May 28th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before June 3, 2014. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. NOTICE OF HEARING � The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME : BARSI , C . LLC # 6750 SCTM # : 1 000-51 - 1 - 1 5 VARIANCE : BLUFF SETBACK � REQUEST: IN -GROUND SWIMMING POOL DATE : THURS . , JUNE5 2014 IE04OPM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 #11698 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s) successfully commencing on the 22nd day of May, 2014. Principal Clerk Sworn to before me this da of y 2014. LEGAL NOTICE SOUTHOLD TOWN ZONING ZANNE DIVITO#6752-Request to BOARD OF APPEALS Variance from Afticle III Section 29Y THURSDAY JUNE 5,2014 15 and the Building Inspector's April PUBLIC HEARINGS 10,2014 Notice of Disapproval based NOTICE IS HEREBY GIVEN,pur- on an application for building permit suant to Section 267 of the Town Law to construct an accessory garage, at; and Town Code Cha CC-HRI' TI P ( Chapter 280 Zonin8). 1) proposed location other than the NA VOLINSKI Town of Southold,the following public code required rear yard, located at: NOTARY PUBLIC-STATE OF NEW YORK hearings will be held by the SOUTH- 215 Marina Lane East Marion, NY OLD TOWN ZONING BOARD OF SCTM#1000-35-8-5.9. NO. O1 V06108050 APPEALS at the Town Hall, 53095 11:00 A.M. - JENNIFER VALEN- Quallfled in Suffolk County Main Road, P.O. Box 1179, Southotd, TINO #6749 - Request for Variance My Commisslon Expires February 28, 2016 New York 11971-0959,on THURSDAY from Article III Section 280-15 and JUNE 5.2014. the Building Inspector's March 11, 1:40 P.M.-C.BARSI.LLC and NI- 2:30 P.M. - LOUIS At ERBACH 9:30 A.M.r _x A u nt FILIPKOWS- 2014 Notice of Disapproval based on TIN P.DESAI#6750-Request for Van- KI # 47 — (Adj. from PH 5/1/2014) an application for building permit to ante from Article XXII Section 280-116 for a iv #6751 -This n a request Request for Variances from Article IX PP 8 P for a Waiver of Merger under Article 4 construct an accessory pool house,at; and the Building Inspector's March 2¢, II,Section 280-10A.to camerae land Section 280-42&43(Bulk Schedule) 1) proposed location other than the 2014,amended March.31,2014 Notice and the Building Inspectdr's March code required rear yard,located at:235 of DisapQroval based on as applica4iop identified as SCTM #1000-111-6-17, . 21;2014 Notice of Disapproval based Latham Lane (corner Latham Lane) I for building permit for demolition of an based ,2 the Building Inspector's on an application for building permit Orient,NY.SCTM#1000-15-9-1.26 existing single family dwelling,:sheds April 1,2014 Notice of Disapproval, to construct a new building and oper- 11:15 A.M.-MICHAEL•RANSON and gazebo,and construction of a new which states adjoining conforming or ate a contractors'yard it;1)less than - Request for Variance from single family dwelling,accessory garage. nonconforming lots held to common the code required front yard setback Article XXII.Section 280-116B and and accessory in-ground swimming ownership shall merge until the total of 100 feet,2) less than the code re- the Building Inspector's March 17, pool,at;l)leis than the code required lot size conforms to the current bulk quired side yard setback of 20 feet,3) 2014 Notice of Disapproval based on setback of 100 feet from the top of bluff schedule (minimum 40,000 square more than the code permitted maxi- an application for building permit for for the accessory in-ground swimming feet in .this R-40 Residential Zone mum lot coverage of 20%,located at: 'as built' accessory structures (shed/ pool,located at:18915 Soundview Ave- District) this lot merged with lot 41250 County Road 48 (aka North deck),at;1)less than the code required nue(adj.to Long Island Sound)South- 1000-111-6-18, located at: 1750 and Road and Middle Road) Southold, bulkhead setback of 75 feet, located old,NY.SCTM#1000-51-1-15 i 1850 Hsywateta Road Cutchague,NY. NY.SCTM#1000-59-10-5SCTM#'s1000-111-6-17&18 at: 8740 Peconic Bay Boulevard (adj. 2 OOP.M. - 230 OYSTERP(tSNDS 9:30 A.M.-KAROL FILIPKOWSKI to Great Peconic Bay) Y.Laurel, NLANE.LLC.#6756-Request for Vari- The Board of Appeals will hear all #6748SE—(adj.from PH 5/1/2014)Ap- SCTM#1000-126-5-2.1 antes from Article XXIII Section 280- persons or their representatives,desir- plicant request a Special Exception 11:40 A.M. -A & S SOUTHOLD 124 and the Building Inspector's April rng to be heard at each hearing,and/or under Article IX Section 280-4113(2). OIL CORP.#6757-Request for Vari- 7,2014 Notice of Disapproval based desiring to submit written statements The Applicant is the owner requesting ances from Article III Sections 280-15 on an application for building permit before'the conclusion of each hear- authorization to operate a contractors' and 280-15E and the Building Inspec- `to construct additions and alterations rng. Each hearing will not start earlier yard.Location of Property:41250 Coun- tor's April 14, 2014, amended April ' to existing single family dwelling, at; than designated above. Files are avail- ty Road 48(aka North Road and Middle ' 24,Y. 2014 Notice of Disapproval based 1) less than the code required front able for review during regular busi- Road) Southold, NSCTM#1000-59- on an application for building permit yard setback of 35 feet, 2) less than ness hours and prior to the day of the 10-5 to construct an 1,568 sq.ft.accessory i the code required side yard setback of hearing. If you have questions,please 10:00 A.M. - ROY and EILEEN canopy,at;1)proposed location other 10 feet,3).less than.the code required contact our office at,(631)765-1809,or SCHUMACHER #6754 - Request for than the code required rear yard, 2) combined side yard setback of 25 feet, by email: Vicki.TothOTown.Southold. Variance from Article XXIII.Section less than the code required prop- located at:230 Oyster Ponds Lane Ori- ny.us. 280-124 and the Building Inspector's erty line setback of 5 feet from Main ent,NY.SCTM#1000-17-6-12 Dated:May 8,2014 April 10, 2014 Notice of Disapproval Bayview Road,3) less than the code 2:15 P.M. - WILLIAM and KRIS- ZONING BOARD OF APPEALS based on an application for building required property line setback of 5 TIN VONEIFF #67.5A - Request for LESLIE KANES WEISMAN,CHAIR- permit to construct a deck addition to feet from New York State Route 25 Variance from Article IX Section 280- PERSON existing single family dwelling,at;1)less I (Main Road),located at:49670 Main 49 (Bulk Schedule) and the Building BY.Vicki Toth than the code required rear yard setback .Road (aka NYS Route 25) corner of Inspector's April 24, 2014 Notice of 54375 Main Road(Office Location) of 35 feet,located at:980 Southern Cross Main Bayview Road, Southold, NY. Disapproval based on an application 53095 Main Road(Mailing/USPS) Road (comer Holden Avenue) Cu- SCTM#1000-70-7-4 for building permit to construct ad- P.O.Box 1179 tchogue,NY.SCTM#1000-110-549 1:35 P.M.-ROBERT G.and MAR- ditions and alterations to an existingSouthold,NY 11971-0959 M 10:20 A.M.-MMM BEER.LLC.- GARET M.BOMBARA#6758-Re- business building,at; 1) less than te 11698-1T 5/22 #6759-Request for Special Exception quest for Variance from Article IV code required side yard setback of per Article XI Section 280-48B(10)to Section 280-18 and Article 1 Section 25 feet,located at:74605 Main Road create a drinking establishment within 280-4 definition of buildable land and (aka State Route 25) Greenport,NY an existing building located in the the Building Inspector's April 4,2014 SCTM#100045-45.1 Business(B)Zone District,located at: Notice of Disapproval based on an ap- 42155 Main Road aka State Route 25 plication for building permit to con- (corner Peconic Lane) Peconic, NY. struct a new single family dwelling,at; SCTM#1000-75-1-14 1)lot coverage at more than the code 10:45 A.M. -- STEVE and SU- permitted maximum of 20%based on buildable land,located at:1725 North Sea Drive(adj.to Long Island Sound) Southold,NY.SCTM#1000-544-19 • • TOWN OF SOUTHOLD ZONING BOARD OF APPEALS � � SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS C. Earsi,. LLL and Nitin P. Desai (Name of Applicants) SCTM Parcel# 1000- 51-1-15 COUNTY OF SUFFOLK STATE OF NEW YORK dba En-Consultants I, Robert E. Hemnam THA&Mt 1319 North Sea Road, Southampton, NY 11%8 New York,being duly sworn, deposes and says that: On the 15th day of may , 2014, I personally mailed at the United States Post Office in Southampton , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the (X )Assessors, or( ) County Real Property Office for every property which abuts and is cross a public or private street, or vehicular right-of-way of record, surrounding the plicant's property. (Signature) Sworn to before me this 15th day of rhy , 2014 KIM H . STEPHENS e� NOTARY P STATE OF NEWEWYYOORK o Public)' COMMISSION NO . 5015931 ' QUALIFIED IN SUFFOLK COUNTY EXPIRES AbGUST 1 , 20-11 PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. t � 3. 77, i, SCTM#1000-51-1-14 SCTM#1000-51-1-16 1 PostalPostal CERTIFIEDCERTIFIED MAILT,, RECEIPT (DomesticOnly; Coverage 1 0 0 1 Er Er N Postage $ [�- Postage $ a r0 ru Certified Fee nj Certified Fee ` Return Receipt Fee Postmark !�` Postmark C3 (Endorsement Required) Here Return Receipt Fee Here ired) t 0 (Endorsement Requ201 A Restricted DeliveryFee L R (Endorsement Reuired) MAY 15 2014 C3 Restricted Delivery Fee ` M C3 AI (Endorsement Required) � L10n Total c,. —R I=- u1 Total Postar•-^ --- i- ru rU Sent rU Sent To M George&Maria Yatrakis' ,`' — 18975 Soundview Ave,LLC ,-� o�Pc 44 West 71St Street srieer,,wt.N 9 Barrow Street,Apt. C city,; New York,NY 10023 p or PO Box Nc o New York NY 10014 N City State,ZI '-- SCTM#1000-51-3-3.20 Postal CERTIFIED MAIL,. RECEIPT ru (DomesticOnly; N For delivery information visit our website at www.usps.comg F S Q, N Postage $ M ru Certified Fee Postmark Return Receipt Fee Here C (Endorsement Required) a0 Restricted Delivery Fee 1171 1 � 21'14 (Endorsement Required) "' C3 1J') Total Postanw n Feat nJ tisan�ro Chardonnay Woods HOA,Inc_ rn __ c/o Paul Clancy i rA far-eer,1V"r c or POBox N 225 Burgundy Court N cny scare,z Southold,NY 11971 1319 NORTH SEA ROAD 4&P% ,LSOUTHAMPTON, NY 11968 ��PITNEY BOWES 02 1P $ 006.69 0004651542 MAY 15 2014 EN-CONSULTANTS 7013 2250 0001 267 ENVIRONMENTAL CONSULTING ., ❑ INSUFFICIENT ADDRESS R OA� ❑ ATTEMPTED NOT KNOWN ❑ OTHE ❑ NO SUCH NUMBER/STREET S ❑ NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD & S A Ni All .100 CE 1009 0105 /28/14 � • 1 RETURN TO SENDER INSUFFICIENT ADD-KESS UNABLE T*Cj FORWARD � ac: t1CJOQ "a LYG�C1L'i'GL"i3-Of0 - 1 d0 3 45366# CO2S 11�1�,1111�111�1�1�1��111111��I��1�11,�,II„1�1�}i�����l�l�lll,�� te " USPS.com® -USPS TrackingTM .� t Page 1 of 2 English Customer Service USPS Mobile Register l Sign In figusps.com, Search USPS.com or Track Packages Subr Quick Toots Snip a PWKne Sens!Matt Manage Your Mad S" Bumilm a Solut" USPS TM Customer Service) USPS T ra Ck i n 9 Have questions?We're here to help. Tracking Number:70132250000126793039 Product & Tracking Information Available Actions Postal Product: Features: Certified Mail's USPS Text Tracking- DATE 8 TIME STATUS OF ITEM LOCATION Email Updates May 30,2014,12:69 pm Delivered SOUTHAMPTON,NY 11968 Your item was delivered at 12:59 pm on May 30,2014 in SOUTHAMPTON,NY 11968CERTIFIED. s RECEIPT May 30,2014,2:02 am Processed through MELVILLE,NY 11747 USPS Sort Facility (Domestic Only; 1 rt May 29,2014,9:27 am Processed through MELVILLE,NY 11747 23 y USPS Sort Facility fr'i � E ��"� � A x `" ff May 28,2014,6:16 pm Processed through NEW YORK,NY 10199 1 USPS Sort Facility P`- Postage May 22,2014,1:23 pm Insufficient Address NEW YORK,NY 10014 tee" 5ied=Pe Postmark r-1 Return Receipt=ee Hera May 19,2014,6:27 pm Undeliverable as NEW YORK,NY 10014 C3 'Endorsement?equkadi I Addressed E3 iG co sement Required) ree Notice Left(No May 17,2014,1:14 pm Authorized NEW YORK,NY 10014 C3 Recipient Available) Ln Triai Postai-' f1.1 May 17,2014,9:54 am Out for Delivery NEW YORK NY 10014 fU i Sent TO 18975 Soundview Ave,LLC rn May 17,2014,9:44 am Sorting Complete NEW YORK,NY 10014 9 Barrow Street,Apt. 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Tracking Number:70132250000126793022 Product & Tracking Information Available Actions Postal Product: Features: Certified Mail's USPS Text Tracking- DATE It TIME STATUS OF ITEM LOCATION Email Updates Notice Left(No May 29,2014,9:18 Authorized am Recipient SOUTHOLD,NY 11971 Available) We attempted to deliver your item at 9:18 am on May 29,2014 in SOUTHOLD,NY 11971 and a notice wasleft because an authorized recipient was not available.You may arrange redelivery by visiting hit",Hwww.usos.com/redelivery or calling 800-ASK-USPS,or may pick up the item at the Post Office indicated on the notice.If this item is unclaimed after 15 days then it will be returned to the sender. Information,if available,is updated periodically throughout the day.Please check again later. Postai May 29,2014,2:44 Processed through am USPS Sort Facility MELVILLE,NY 11747 CERTIFIED POAIL-� RECEIPT (Domestic Mail/ .- ,- May 28,2014,8:31 Processed through MELVILLE,NY 11747 am USPS Sort FacilityC3 For delivery information visit our website at www.usps.com.1 ru May 27,2014, Processed through NEW YORK,NY 10199 m F � C L 10:03 pm USPS Sort Facility � Postage I s May 24,2014, Processed through '-0 1 I 12:21 pm USPS Sort Facility NEW YORK,NY 10199 ni Certified Fee f 1 r 1 Return Receipt Fee — Postmark May 22,2014, Forwarded SOUTHAMPTON,NY C3 (Endorsement Required) Here 10:14 am Q Restricted Delivery Fee s c I May 22,2014,3:23 Processed through (Endorsement Required) , am USPS Sort Facility MELVILLE,NY 11747 Q !Jl Total Posta—x FaPe ' May 21,2014,3:45 Processed through ru MELVILLE,NY 11747 ru pm USPS Sort Facility [Sent To Chardonnay Woods HOA,W 4 c/o Paul Clancy May 20,2014,8:31 Processed through !SUee4 Avt." # m USPS Sort Facility NEW YORK,NY 10199 i or ao 8cx aI P ty � 225 Burgundy Court r` ` state:z May 18,2014, Depart USPS Sort Southold NY 11971NEW YORK,NY 10199 11:00 pm Facility ; May 18,2014,3:02 Processed through pm USPS Sort Facility NEW YORK NY 10199 May 16,2014,8:48 Forwarded SOUTHOLD,NY am May 16,2014,8:48 Available for Pickup SOUTHOLD,NY 11971 am May 16,2014,8:21 am Arrival at Unit SOUTHOLD,NY 11971 https://tools.usps.com/go/TrackConfimiAction!input.action?tRef=qt&tLc=O&tLabels=7013... 6/3/2014 I TSPS.com® -USPS TrackingTM • • Page 1 of 2 JI English Customer Service USPS Mobile Register/Sign In JOUSPS Co • Search USPS com or Track Packages Subr Quick Toots Ship a PacKa9e Ser4C Mail Mar 9e Your Mail SI'm Business SOiWons Customer Service) USPS Tracking T11 SD Have qestins?We're here to help. Tracking Number:70132250000126793046 Product & Tracking Information Available Actions Postal Product: Features: Certified Mail- USPS Text Tracking`"' DATE&TIME STATUS OF ITEM LOCATION Email Updates Notice Left(No May 17,2014,3:26 Authorized NEW YORK,NY 10023 Pin Recipient w Available) We attempted to deliver your item at 3-.26 pm on May 17,2014 in NEW YORK,NY 10023 and a notice was left because an authorized recipient was not available.Information,if available,is updated periodically throughout the day Please check again later Postai CERTIFIED MAIL,,I RECEIPT May 17,2014,10:06 am Out for Delivery NEW YORK,NY 10023 I L (Domestic Mail Only; • •- May 17,2014,9:56 Sorting Complete NEW YORK,NY 10023 O For delivery information visit our website at vvwwusps.com�_ am iTl 4,D a 1 May 17,2014,4:54 Arrival at Unit NEW YORK NY 10023 C' am Postage S May 17,2014,12:48 Processed through ru NEW YORK,NY 10199 enA ed tiss am USPS Sort Facility r__� Postmark r-q Return Receipt Fee sere May 16,2014,11:47 Depart USPS Sort C3 (Endorsement Required) , m Depart NEW YORK,NY 10199 C3 co P y c3 Restricted Delivery. e J (Endorsement Required) i 4154^ 3 ,„, L .€4 May 16,2014,10:23 Processed through NEW YORK,NY 10199 C3 II !ti i am USPS Sort Facility Ln Total 0 ru May 16,2014,4:31 Depart USPS Sort ru !Sent am Facility MELVILLE,NY 11747 George&Maria Yatrakis rM 44 West 71"Street May 15,2014,8:12 Processed through MELVILLE,NY 11747 C3 'or PC pm USPS Sort Facility F Glfy: New York,NY 10023 ------- I imp Track Another Package What's your tracking(or receipt)number? 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Tracking Number:70132250000126793046 Product & Tracking Information Available Actions Postal Product: Features: Certified Mail- USPS Text Tracking— DATE&TIME STATUS OF ITEM LOCATION Email Updates Notice Left(No May 17,2014,3:26 Authorized pm Recipient NEW YORK,NY 10023 Available) We attempted to deliver your item at 3:26 pm on May 17,2014 in NEW YORK,NY 10023 and a notice was left because an authorized recipient was not available.Information,if available,is updated periodically throughout the day.Please check again later Postal May 17,2014,10:06 CERTIFIED MAIL,. RECEIPr am Out for Delivery NEW YORK,NY 10023 ►. iProvided) ...73 May 17,2014,9:56 S am Sorting Complete NEW YORK,NY 10023 C3 a M May am 17 2014 4.54 Arrival at Unit NEW YORK,NY 10023 Cr —,stage May 17,2014,12:48 Processed through NEW YORK,NY 10199 fly �ertifieG=Se am USPS Sort Facility Postmark +-q Return Receipt Fee I I iiera May 16,2014,11:47 Depart USPS Sort O (Endorsement?equirs& NEW YORK,NY 10199 Restricted elw pm Facility Q P r,Fe Endorseme s Recuired) May 16,2014,10:23 Processed through NEW YORK,NY 10199 C3 I 'G am USPS Sort Facility Lr) Totai a--z ru May 16,2014,4:31 Depart USPS Sort MELVILLE,NY 11747 rl.l 'Seri am Facility George&Maria Yatrakis M -ri ------ May 15,2014,8:12 Processed through r9 'F',c 44 West 71St Street pm USPS Sort Facility MELVILLE,NY 11747 { New York NY 10023 r- ------ Track Another Package Whars your tracking(or receipt)number? Track It LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES https://tools.usps.com/go/TrackConfirmAction!input.action?tRef'--gt&tLc=1&tLabels=7013... 6/3/2014 USPS.com® -USPS TrackingTM 0 0 Page 2 of 2 t DATE&TIME STATUS OF ITEM LOCATION + May 16,2014,4:31 I Depart USPS SortI MELVILLE,NY 11747 �J am Facility May 16,2014,1:26 Processed through MELVILLE,NY 11747 am USPS Sort Facility May 15,2014,8:13 Processed through MELVILLE,NY 11747 pm USPS Sort Facility Track Another Package Whaes your tracking(or receipt)number? Track It LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy> Government Services) About USPS Home> Business Customer Gateway> Terms of Use> Buy Stamps&Shop> Newsroom> Postal Inspectors> FOIA, Print a Label with Postage> USPS Service Alerts> Inspector General> No FEAR Act EEO Data) Customer Service) Forms&Publications> Postal Explorer, Delivering Solutions to the Last Mile> Careers> National Postal Museum> Site Index> "USPSEOM i Copynght©2014 USPS.All Rights Reserved. https://tools.usps.com/go/TrackConfirmAction!input.action?tRef--gt&tLc=O&tLabels=7013... 6/3/2014 TOWN OF SOUTHOLD O ZONING BOARD OF APPEALS rI C SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING C. Barsi, LLC & Nitin P. Desai (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- 51-1-15 COUNTY OF SUFFOLK) STATE OF NEW YORK) dba Far-Consultants I, Robert E. T-Te=nn mMbfingMt 1319 North Saa Rmd Southampton ,New York, being duly sworn, depose and say that: On the 21st day of May , 2014 , I personally placed the Town's Official Poster,with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)-facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven(7) days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, June 5. 214 (Signature Sworn to before me this 3rd Day of June , 2014 KIM H , STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO . 5015931 QUAL IFIED IN SUFFOLK COUNTY otary Publi EXPIRES A U 6 U S T 2 , i0-1-7 * near the entrance or driveway entrance of my property, as the area most visible to passerby. Office Location: O� rjf $Q(��yOl Mailing Address: Town Annex/First Floor,Capital One Bank ~ 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 G.A Q Southold,NY 11971-0959 i 22 C4UNT'1,� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 April 8. 2014 Mark Terry, Principal Planner LWRP Coordinator ddd Planning Board Office Town of Southold _ Town Hall Annex `- -• _m�. Southold,NY 11971 Re: ZBA File Ref. No. #6750 DESAI&BARSI, LLC 1000-51-1-15 Dear Mark: We have received an application for demolition of an existing single family dwelling and existing shed, and construction of a new single family dwelling, accessory garage and accessory in-ground swimming pool. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map,project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairpe By: �Vtf�S Office Location: QF $Q(��yDl Mailing Address: Town Annex/First Floor,Capital One Bank ~ 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 119710 • Q Southold,NY 11971-0959 i 'rOUNT'1,� ' http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 April 8, 2014 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale : Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6750 Owner/Applicant : DESAI & BARSI, LLC Action Requested: Demolition and construction of a single family dwelling, garage and in- ground swimming pool. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District O Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA airp rson By: Encls. 0 0 Office Location: O�$QV jyOla Mailin2 Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 CAR Southold,NY 119710 • Q Southold, NY 11971-0959 i 'CQUNTI?� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 April 8, 2014 Suffolk County Soil and Water Conservation District Attn: Paul TeNyenhuis 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA # 6750 DESAI & BARSI, LLC 1000-51-1-15 Dear Sir or Madam: We have received an application for a project adjacent to a waterway, shown on the enclosed site map. The hearing on this application is expected to be held in approximately 3 weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Leslie K. Weisman Chairp s n By: Encls. SURVEY0 0 P ER T Y SCTM No. 1000-051 - 1 - 15 902p68A RECEIVED PROPOSED CROSS SECTION OF Situate L HOUSE SANITARY SYSTEM Town Of SoutholJ FF EI.- 54' NTS Suffolk County. New York A P R U > S ------------------------------------------------------------- Existin /Pro osed Grade . �� pp --••--•-- •------•--•---------p-•---------••-------------••---------------- 14 34.6' SCALE: I- = 30 ' (� 7Z` 19' EI. 49.52' EI. 48.94' 1000 Gallon EI. 48.44' Septic Tank El. 48.26' AREA TO TIE LINE: 29.373 sq. f POARD OF APPEALS (I) 6' Din. x 12' Deep or 0.6743 acres Cesspools AREA TO COASTAL EROSION HAZARD AREA LINE: LONG ISLAND 19.194 sq. ft. or 0.4406 acres SOUND 4'Min. 1. 36.59' S 89'56'46-E S 79°16'52"E --------•----•-----•-------Ground Water --- ------ ZONING DISTRICT: "R-40 " 8.19' 24.61' °2.4 N 7942.18 E _-- --- __ N 8 4 31:14"E-_-.-•- 38--6 4 r Mean High Water Cert i l i e d only to : 2 6 29.52 Located 9-25-2013 N 1 t in De S a l 4 �, Toe of Bluff M E ---" Located 9-25-2013 ------• --- Coastal Erosion Hazard Area Line 1 o LOT COVERAGE OF BUILDABLE LAND: From Coastal Erosion Hazard Area Map - Photo #55-579-83 _. Existing Lot Covera e: 1.400 sq.ft. (7.29X) Existing Dwelling: 1.053 sq.ft. STORMWATER RUNOFF CALCULATIONS 2 -- Existing Storrs off House: 39 sq.ft. ' ExistingShed: 152 sq.ft. - 20 ExistinI Story Fame Building: 125 sq.ft. Sc - Prop. Roof Area x 0.167 - --- Existing Shed off I Sty. Fr. Bldg.: 31 sq.ft. Sc - 2.304 x 0. 167 - Sc - 384.8 cu-f1. 30 Permitted Lot Coverage: 3.838 sq.ft. (20%) Provide (2) 8' dio.x 6' deep dryweI s 3 _ - -Percentages based on Town of Southold Buildable Land 506 cu.ft. Provided (Lot area landward of Coastal Erosion Hazard Line (19.194 sq.ft.) .•DW Indicates proposed drywell4 40 Proposed Lot Coverage: 3.174 sq.ft. (16.54%) PROPOSED NON-TURF g -.�.._ --- --- -- - Proposed House: 1.552 sq.ft. •"` / BUFFER t$' LANDWARD ,•---•, ------------'-- Fence Proposed Front Porch: 68 sq.ft. DW'. pool drywall . ' of BLUFF CREST 0.4'E Proposed Rear Deck: 251 sq.ft. Indicates proposed /" `' - Proposed Garage: 484 sq.ft. •'•,P Bluff Crest as per - 5O Proposed Pool E uip. Enclosure: 82 sq.ft. _ ..... Sas as Surveying Co., P.C. 5 _ --»- Proposed Pool w coping,: din sq.ft. _ �� ""-- �-�- ---� �" Existing I Story Frame i g q, NOTE: No offsite fill to be trucked Located 9- 5-2013\ -- .--- "-' t _ Iden to Remain: 125 s ft. onto property \a •Goz bo in Shed to be Proposed 4' Wide O N removed Path to be Maintained oa tal Erosion a'ard .,'ea Line 01 for Stair Access - -- ---' 52 --w -'- -_ Fence 1.2'E (McDonald GeoScience) AP roximate Location of w 53.0_ Proposed Project October 28. 2013 Epp, - P -4 TEST HOLE Elevation: 52.0' Existing Sanitary System Concr L11itig Fence & Buildin to be Removed as per Proposed to be<r' Staked Hoy Bales Shed 3.9* W9 0' - 0.5' Mixed sand. loom & gravel SCDHS Standards Pot Fence a Remov 0.5' - 7' Brown Bondy silt ML 53.2 91-,1- x\v a,,ti Shed mti� 7' - 49' Brown silty sand SM M ui �'�° ( 9E o0o m O 0,; �:... 49' - 59' Water in brown silty sand SM X ° N 59' - 65' Water in brown fine to medium sand SP FF Elev. W `IQ U. Groundwater a Elev. 3.0' S4 O 52.4 O W x O E 'sting I Story Frame v� N Fence Dwelling O Q 0.8-W FF Elev. 55.3• O to be Removed Proposed o o A Well ix r.1 POOL COPEIN COPEING I -1 N o Appproximate Location of 36 31.4• 1 m O E:istir3 Sc.nitary System �p 54.3 r M 8 APP a zo aool PROP P OL COPEING PROP D 9L COPE/NG D Lo. Po 54 39 i x Ex,slln9 34. 38 Pro osed m Ex. Stone 'ROP--FISE PROP HSE + Pool pFence 50.6 b Driveway to 40 4 PROP HSE PROP DECK 0 be Removed IB.3' propos Deck __._... a Proposed COIIC. Pad PROP HSE'•, p 45 f Fence Enclosure 42 .% /•,43 PROP H:E for Pool E uip. 6 ;, Proposed P PoHoisd Y ° o b a 2 Story Prig ed •. p Dr rsl� O House :1 S r/: 2 Story k A roximate Location O ;Ro eCk; House w Fence pof Existing House 12rGate~ '• w'o•,'- -X 1.0'E -/ Pro Pordh " x O 20,2' Approximate Location DW', I of Existing House O s - y Proposed 10.0' 0 0 Pervious HOL 47 Ti zzo• 48 Gravel i ni i Driveway - O (D C) '- c Proposed 1 Story Well Garage Land Now or Formerly of Shed ro be'-Sp o Mary Yatrakis 1 e removed Land Now or Formerly of fi •51 -100 49 18975 Sound View Avenue LLC 52 --.-•r -, c y t,{ 46 E E Q) Install: (1) 8' dio.x 12' deep Cesspool i t L �• O�m 6 (1) 1.000 gal. Septic Tank 1 i'• uj Well 0 1 (To Be o O a Well Fence k Abandoned) c 2.8'S 3 Cesspool 0.7'W t! t \ 46 Z CL� t 1 Y t U c -X i' 2'30" 440.22- /0( J .00' 1 O indicates set loth. 50.2 t ' - �---- i --- Ove h._„�irire 44 ��- __ - ■ indicates found concrete monument . O indicates found iron rod. ---- • indicates set 12" iron pin . S O un c/ I/ f3 indicates utility pole. V i e w A venue NOTES: 50 Edge °f Pavement �-�---- 1. Unauthorized alteration or addition to a survey mopp bearing a licensed land - 43'4 surveyors seal is a violation of section 7209. sub-di vision 2 of the N.Y. 46 46 State Education Law. 44 No Structures within 150' 2. Only copies from the original of this survey marked with an original of the land surveyor's embossed seal or inked seal shall be considered to be valid Not a valid copy unless marked copies. with original land surveyor s April 1, 2014: Revise fill & add dimensions embossed seal Q signal ure 3. Certifications indicated hereon signify, that this survey was prepared in February 21. 2014: Loth proposed structures accordance with the exist Code of Practice for Land Surveys adopted by the February 7. 2014: Proposed site plan N.Y. State Association of Professional Land Surveyors. Said certifications December 16. 2013: Proposed site plan shall run only to the person for whom the surve is prepared. and on his behalf December 3, 2013: Locate neighboring shed to the Title company. governmental agency and Lending institution listed hereon. October 29. 2013: Test hole and to the assignees of the lending institution. Certifications are not trans ferable to additional institutions or subsequent owners. October 25. 2013: Neighboring well & Septic info 4. Underground improvements or encroachments. if any. are not shown hereon. /. Surveyed: September 25. 2013 =-� „ 5. The existence n right of ways. wetlands and/or easements of record. if any, David L. Saskas N. Y. S. L i c. No. 049960 not shown are not guaranteed. 6. All natural features shown on survey. including but not limited to Bluff Crest. Saskas Surveying Company. P.C. Clearing, and Wetlands should be verified with the appropriate regulatory agency. 124 Cedar Street k1w . k East Hampton . New York 11937 7. Elevations shown are based on USC 6 GS datum. (NAND 19881 SURVEYING (631 ) 324-6917 FAX 329-4768 -.LONG ISLAND SOUND a I i" _• Lu ss �r r 't' -Erle.Rufiol� e AooEE n aEww1 �, �� � 1 a. . < I z O °ficV IW l9 •. FENCE � gi L k i0 WLB \ 2 {e M � bV i C _ '.'•..,x21J/n� l+t,, REVISIONS. L'"IT I J � —� °OLE DATE: D3028014 SCALE:1116'•1'A" Site Plan SOUNDV , "EW AV A1 .01 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��0� $UUryO 53095 Main Road•P.O. Box 1179 �O 1p Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer CA Town Annex/First Floor,Capital One Bank George Horning % • �O� 54375 Main Road(at Youngs Avenue) Kenneth Schneider ip, A-UM� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 June 20,2014 EnConsultants Rob Herrmann 1319 North Sea Road Southampton,NY 11968 RE: ZBA Application#6750-Desai/Barsi Dear Mr. Herrmann: Transmitted for your records is a copy of the Board's June 19, 2014 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely, Vicki Toth Encl. Cc: Building Dept. Revisions 04-22-98 09-15-98 Y3-2M9 55-11-99 4-- 0 04-10-01 61-112-111 03-19-02 + tMagl , L-L-C 05-16-02 08-25-04 11-1 0-04 3-28-05 06_22-05 7-20-05 15�05 rL�S' 01-27-06 15-D6 11-01-06 fit 01-06 05�314)7 05�116-07 SEE SEC.NO,130 LONG .... --- --- D.43 p.D.70 1: 14 22-1 A3 1 222 -a AVE. 5.1 6 7 WiT.D.5 S 3.1 3.1 3.17 x 3.2 b DY (Nu) CT 3.73 a12 2_j4 all 3.3 Sq PECONIC LAND TRUST,INC.. (CONSERVATiON EASEMENT) r ts (m @31 3.4 Z 3.10 3�)4911 4.1 3.5 22.OA 2.6 0) 3-20 .1. 23.31, rn)"�SOUTHOLD "Joes) WVFLOPA(ENT FJGHTS) (OpES 10A 2.7 m 1.0p,2 9.4.1 4,13 7A(c) TYOFN 2.6 1.5A 'oF, oF, 3.9 2.6 1.6A(.) 2.5 m 3.8 3.6 3.7 Z5 8.4 1.5A(c) w 2.QA 5 N_111311� L E (21) G 28 43 D 23 IZIA(d).121A 12.1 At.)