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HomeMy WebLinkAbout7128 Pbm-� Pd. Cuk4t4?1 Oe eXisfiiu� s�vt,.�l e �c.r►1 �y �,�v�e I l i r1� b(u s-+back Peel- i ihwe+lo ed d eek d OW I T CHECK BOXES AS COMPLETED J ( ) Tape this form to outside of file ( ) Pull ZBA copy of N[ y 0 D O ( ) Check file boxes foi (D Q. a 3 ( ) Assign next numbe N y outside of file folde c ( ) Date stamp entire c file number m -n m cn m z 3v � oW � c� ( ) Hole punch entire c �. " ° co 0 D CD (before send rig to � ' Zr o v m 3 ( ) Create new index c N ;:i: v ( ) Print contact info & v G' o ( =3 _ °' wzv (n o ( ) Prepare transmittal rn w o o ( ) Send original applic � CD � = Q CD to Town Clerk o rn ( ) Note inside file folds C and tape to inside o ( ) Copy County Tax Ma T neighbors and AG to 3 ( ) Make 7 copies and p ( ) Do mailing label N ' ` carr <<lqI• z-7 )17 O II f7 C?- jo J Pieta L BOARD MEMBERS rjf S®(j�° Southold Town Hall Leslie Kanes Weisman,Chairperson �� �® 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer �® �® 54375 Main Road(at Youngs Avenue) Nicholas Planamento CourtSouthold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 PA� 2Vl E® FINDINGS,DELIBERATIONS AND DETERMINATION 'V3 '. 6a a*m MEETING OF MARCH 15,2018 2018 0' nta,- ZBA FILE #7128 AMENDED S thold Towr Clerk NAME OF APPLICANT: Peter Negri and Elizabeth Kaye Negri PROPERTY LOCATION: 9775 Nassau Point Road(Adj. to Little Peconic Bay), Cutchogue,NY SCTM#1000-119-1-6.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 thru A 14-25, and the Suffolk County Department of Planning issued its reply dated November 21, 2017 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,Mark Terry, issued a recommendation dated January 22, 2018. Based upon the information provided on the LWRP Consistency Assessment Form, as well as the records available, it is recommended that the proposed action is INCONSISTENT with LWRP policy standards; and therefore, is INCONSISTENT with the LWRP. The LWRP Coordinator further commented that due to a recent restoration project of the bluff face and construction of shoreline hardening structures (Wetlands Permit#7978) the bluff is vegetated and currently stable. As a result,the likelihood of damage to bluff stability and shoreline structures from repeated storm events and tidal surge over time is now moderate. With the conditions imposed herein based on the recommendations of Suffolk County Soil and Water, the Board finds the application CONSISTENT with LWRP policy standards and therefore CONSISTENT with the LWRP. SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT: This application was referred for evaluation and recommendation to the Suffolk County Soil and Water Conservation District. According to a letter from the agency, dated November 15, 2017 an inspection of the subject property was conducted on November 15, 2017. During the time of visit it was observed that the property upland of the bluff was in stable condition and covered in turf grass and landscape material. The general topography of the property is relatively flat. The home is fitted with gutters and downspouts which discharge into drywells. The yard is equipped with an in-ground sprinkler system. At least one sprinkler was observed halfway down the water access stairs, at the top edge of the bulkhead. At the time of the Page 2,March 15,2018 #7128,Negri(Amended) SCTM No. 1000-119-1-6.1 visit, the bluff appeared to be in stable condition, and was well established with native and landscape vegetation. Soil and Water recommended that heavy machinery, equipment, or supplies be stored or used at a minimum setback of 25 feet from the bluff top edge; and removing or discontinuing use of the sprinkler head located at the top edge of the higher bulkhead. It was also noted that a drywell for pool dewatering and a non-turf buffer along the top of the bluff is proposed. . PROPERTY FACTS/DESCRIPTION: The subject property is 87,485 square feet in area with a two story single family residence with an attached garage The property measures 493.26 feet along the northerly property line, 194.14 feet along the easterly property line which runs adjacent to Little Peconic Bay, 385.29 feet along the southerly property line and 228.41 feet along the westerly side which abuts Nassau Point Road as described in the October 2, 1998 survey map by Nathan Taft Corwin 11,L.S. BASIS OF APPLICATION: Request for Variance from Article XXII, Section 280-16; and the Building Inspector's October 10, 2017 Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing single family dwelling at; 1) less than the code required 100 feet from the top of the bluff, RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to an existing family dwelling and a proposed 20 ft. x 40 ft. in ground swimming pool at 51 feet from the top of the bluff,where the code requires a minimum of 100 feet. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 1, 2018 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law $267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Nassau Point Road is characterized by dwellings and accessory structures located substantially less than 100 feet from the top of the bluff. Prior variances and an aerial photograph documented the non-confonning bluff setbacks of shoreline properties within about one half mile of the subject property. This pre-existing non-conforming development that characterizes the neighborhood was the result of a code changes in 2015 and 2017 that expanded the 100 foot bluff setback requirement to bay bluffs in addition to sound bluffs. Additionally, the proposed pool and attached pool house will not be visible from adjacent properties and the street. 2. Town Law $267-b(3)(b)(2). The benefit sought by the applicants can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicants could conceivably locate the proposed pool landward of the existing house, in the conforming front yard. However, to do so would require considerable land disturbance, the clearing of many mature trees in the heavily wooded front portion of the property, the removal of extensive landscaping, and the demolition and reconfiguration of the existing driveway and parking area. 3. Town Law X267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 49% relief from the code. However, the applicant submitted documentation showing that other homes in the neighborhood have located their swimming pools closer to the bluff than the 51 foot setback proposed by the applicant, and the pool is proposed at a greater bluff setback than the existing dwelling which is located 44 feet from the top of the bluff. In addition,the proposed pool location 1 allows for a 25 foot side yard setback which will avoid disturbing the adjacent property. Page 3,March 15,2018 #7128,Negri(Amended) SCTM No. 1000-119-1-6.1 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. Due to the topography of the proposed location, the pool will be elevated above the groundwater table and pool backwash will be contained in a drywell located 120 feet from the top of the bluff. Also, a 10 foot wide (2,100 sq. ft.)_ non-turf buffer adjacent to the bluff crest will absorb surface water runoff and protect the bluff face from erosion. The applicant must also comply with Chapter 236 of the Town's Storm Water Management Code and obtain approval from the Southold Town Board of Trustees. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of relief is the minimum action necessary and adequate action to enable the applicant to enjoy the benefit of a in the ground swimming pool and cabana and storage shed while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman(Chairperson), seconded by Member Goehringer and duly carried,to GRANT the variance as applied for, and shown on the site plan prepared by Stacy Marshall Paetzel, Registered Landscape Architect, dated October 30, 2017. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall implement the recommendations set forth by Suffolk County Soil and Water Conservation District in their letter dated November 15, 2017, as cited above. 2. No Cooking facilities shall be permitted in the Pool Cabana. 3. Pool mechanicals shall be placed in a sound deadening enclosure. 4. Drywells for pool de-watering shall be installed as shown on the site plan. 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. Page 4,March 15,2018 #7128,Negri(Amended) SCTM No. 1000-119-1-6.1 Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson), Goehringer, Dantes,Acampora, and Planamento. This Resolution was duly adopted(5-0). c L� Leslie Kanes'Weisman, Chairperson Approved for filing 3 /17 /2018 AMENDED FROM FEBRUARY 15, 2018 DECISION BOARD MEMBERS OF soy Southold Town Hall Leslie Kanes Weisman,Chairperson y>� Ty0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Q Town Annex/First Floor,Capital One Bank Gerard P.Goehringer '�c� ,^�aa�� 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoI�Con ��` Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 RECEIVED FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 15,2018 E B 2 2 2018 ZBA FILE #7128 - n NAME OF APPLICANT: Peter Negri and Elizabeth Kaye Negri S hold Tow Clerk , PROPERTY LOCATION: 9775 Nassau Point Road(Adj.to Little Peconic Bay), Cutchogue,NY SCTM#1000-119-1-6.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 thru A 14-25, and the Suffolk County Department of Planning issued its reply dated November 21, 2017 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, Mark Terry, issued a recommendation dated January 22, 2018. Based upon the information provided on the LWRP Consistency Assessment Form, as well as the records available, it is recommended that the proposed action is INCONSISTENT with LWRP policy standards; and therefore, is INCONSISTENT with the LWRP. The LWRP Coordinator further commented that due to a recent restoration project of the bluff face and construction of shoreline hardening structures (Wetlands Permit #7978) the bluff is vegetated and currently stable. As a result, the likelihood of damage to bluff stability and shoreline structures from repeated storm events and tidal surge over time is now moderate.-With the conditions imposed herein based on the recommendations of Suffolk County Soil and Water, the Board finds the application CONSISTENT with LWRP policy standards and therefore CONSISTENT with the LWRP. SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT: This application was referred for evaluation and recommendation to the Suffolk County Soil and Water Conservation District. According to a letter from the agency, dated November 15, 2017 an inspection of the subject property was conducted on November 15, 2017. During the time of visit it was observed that the property upland of the bluff was in stable condition and covered in turf grass and landscape material. The general topography of the property is relatively flat. The home is fitted with gutters and downspouts which discharge into drywells. The yard is equipped with an in-ground sprinkler system. At least one sprinkler was observed halfway down the water access stairs, at the top edge of the bulkhead. At the time of the Page 2, February 15,2018 #7128,Negri SCTM No. 1000-119-1-6 1 visit, the bluff appeared to be in stable condition, and was well established with native and landscape vegetation. Soil and Water recommended that heavy machinery, equipment, or supplies be stored or used at a minimum setback of 25 feet from the bluff top edge; and removing or discontinuing use of the sprinkler head located at the top edge of the higher bulkhead. It was also noted that a drywell for pool dewatering and a non-turf buffer along the top of the bluff is proposed. . PROPERTY FACTS/DESCRIPTION: The subject property is 87,485 square feet in area with a two story single family residence with an attached garage The property measures 493.26 feet along the northerly property line, 194.14 feet along the easterly property line which runs adjacent to Little Peconic Bay, 385.29 feet along the southerly property line and 228.41 feet along the westerly side which abuts Nassau Point Road as described in the October 2, 1998 survey map by Nathan Taft Corwin Il, L.S. BASIS OF APPLICATION: Request for Variance from Article XXII, Section 280-16; and the Building Inspector's October 10, 2017 Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing single family dwelling at; 1) less than the code required 100 feet from the top of the bluff, RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to an existing family dwelling and a proposed 20 ft. x 40 ft. in ground swimming pool at 51 feet from the top of the bluff, where the code requires a minimum of 100 feet. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 1, 2018 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Nassau Point Road is characterized by dwellings and accessory structures located substantially less than 100 feet from the top of the bluff. Prior variances and an aerial photograph documented the non-conforming bluff setbacks of shoreline properties within about one half mile of the subject property. This pre-existing non-conforming development that characterizes the neighborhood was the result of a code changes in 2015 and 2017 that expanded the 100 foot bluff setback requirement to bay bluffs in addition to sound bluffs. Additionally, the proposed pool and attached pool house will not be visible from adjacent properties and the street. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicants can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicants could conceivably locate the proposed pool landward of the existing house, in the conforming front yard. However, to do so would require considerable land disturbance, the clearing of many mature trees in the heavily wooded front portion of the property, the removal of extensive landscaping, and the demolition and reconfiguration of the existing driveway and parking area. 3. Town Law &267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 49% relief from the code. However, the applicant submitted documentation showing that other homes in the neighborhood have located their swimming pools closer to the bluff than the 51 foot setback proposed by the applicant, and the pool is proposed at a greater bluff setback than the existing dwelling which is located 44 feet from the top of the bluff. In addition, the proposed pool location 1 allows for a 25 foot side yard setback which will avoid disturbing the adjacent property. Page 3, February 15,2018 #7128,Negri SCTM No. 1000-1 19-1-6.1 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Due to the topography of the proposed location, the pool will be elevated above the groundwater table and pool backwash will be contained in a drywell located 120 feet from the top of the bluff. Also, a 10 foot wide (2,100 sq. ft.)_ non-turf buffer adjacent to the bluff crest will absorb surface water runoff and protect the bluff face from erosion. The applicant must also comply with Chapter 236 of the Town's Storm Water Management Code and obtain approval from the Southold Town Board of Trustees. 5. Town Law 4267-1b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of relief is the minimum action necessary and adequate action to enable the applicant to enjoy the benefit of a in the ground swimming pool and cabana and storage shed while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Planamento, and duly carried, to GRANT the variance as applied for, and shown on the site plan prepared by Stacy Marshall Paetzel, Registered Landscape Architect, dated October 30, 2017. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall implement the recommendations set forth by Suffolk County Soil and Water Conservation District in their letter dated November 15, 2017, as cited above. 2. Pool cabana shall not to be used for habitation; i.e., living, sleeping, cooking shall not be permitted. 3. Pool mechanicals shall be placed in a sound deadening enclosure. 4. Drywells for pool de-watering shall be installed as shown on the site plan. 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. Page 4, February 15,2018 #7128,Negri SUM No. 1000-119-1-6.1 Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. Vote of the Board: Ayes: Members Weisman (Chairperson), Planamento, and Dantes(Member Acampora and Member Goehringer were absent) This Resolution was duly adopted(3-0) "�akl 66�61t-- Leslie Kanes Weisman, Chairperson Approved for filing --� IdV /2018 Y SOF SO!/jy �b`y�OFFICE LOCATION: �� Ol MAILING ADDRESS: Town Hall Annex P.O. Box 1179 -1 54375 State Route 25 Southold, NY 11971 1 (cor. Main Rd. &Youngs Ave.) ar Southold, NY 11971 � � p� Telephone: 631 765-1938 OI,YCCOUFax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD -71a8 MEMORANDUMCED JAN 22018 To: Leslie Weisman, Chair ZONING BOARD OFgppEALs Members of the Zoning Board of Appeals From: Mark Terry, LWRP Coordinator Date January 22, 2018 Re: LWRP Coastal Consistency Review for ZBA File Ref PETER NEGRI AND ELIZABETH KAYE NEGRI #7128 SCTM#1000-119-1-6.1. PETER NEGRI AND ELIZABETH KAYE NEGRI #7128 — Request for a Variance from Article XXII, Section 280-116; and the Building Inspector's October 10, 2017 Notice of Disapproval based on an application for a building permit to construct additions and alterations to an .existing single family dwelling at; 1) less than the code required 100 feet from the top of the bluff, located at: 9775 Nassau Point Road (Adj to Little Peconic Bay), Cutchogue, NY. SCTM#1000-119-1-6.1. 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 I is INCONSISTENT with the below listed Policy Standards and therefore is INCONSISTENT with the LWRP. Due to a recent restoration project of the bluff face and construction of shoreline hardening structures (Wetlands Permit 7978) the bluff is vegetated and currently stable However, it is likely that the stability of the shoreline structures and integrity of the bluff will suffer damage from repeated storm events and tidal.surge over time is moderate. File photos taken in November of 2012 show that the bulkhead and area behind the bulkhead suffered significant damage. Superstorm Sandy affected this coastline in October of 2012. Portions of the property located seaward of the retaining wall are located within the FEMA VE (velocity hazard) flood zone; Policy 4.1. Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are recommended: specifically A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. -7Q 5. Manage development in floodplains outside of coastal hazard areas so as to reduce adverse environmental effects, minimize the need for future structural flood protection measures, or expansion of existing protection measures and to meet federal flood insurance program standards. The pool is proposed to be located within 51' from the top of bluff which could result in loss of the features due to storm events with a tidal surge capable of damaging shoreline hardening structures, eroding the toe of the bluff resulting in slope failure, and resulting in property loss. It is recommended that the Board relocate the pool patio landward from the top of bluff to the furthest point practicable to meet this policy and reduce the risk of property loss from potential erosion in the future. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy, Town Attorney OA �e COUNTY OF SUFFOLK r tt_ RECEIVED NOV 2 '7 2017 ZONING BOARD of APPEALS t }"b Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Deputy County Executive and Commissioner and Environment November 21, 2017 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as 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. Applicant Municipal File Number McBride, Richard #7126 Foote, Kevin &Nancy #7127 Negri, Peter #7128 Walsh, Steve #7129 Boutzalis, Theodore & Anna #7131 Very truly yours, Sarah Lansdale - ----- -- -- -- - ----------- - - - - - --Director-of-P_lanning------..__ --. Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG 0 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 0 (631)853-5191 dna ..0, uffolk County SWCD LK COQ �� Corey Humphrey 5�1 Q�v� 423 Griffing Avenue �O ^. District Manager Suite 110 `� "V (631)852-3286 Riverhead,NY 11901 V ~' www.SuffolkSWCD.org ,. Rob Carpenter Chairman ' '•.�� .x ,,5;a ,� X20 ,,,R ��� Leslie K. Weisman, Chairperson Town of Southold Board of Appeals"" NOV 16 2011 P.O. Box 1179, 53905 Main Road /1 Southold, NY 11971 ( pc g November 15, 2017 Re: ZBA#7128 Negri, Peter SCTM# 1000-119-1-6.1 Dear Ms. Weisman: As per your request, our office has conducted an evaluation of the above subject property for the purpose of reviewing the potential environmental impacts associated with the installation of a pool at the existing house located at 9775 Nassau Point Rd, Cutchogue NY. Suffolk County Soil and Water District staff visited the property on November 15th, 2017. The following are the observations and recommendations respective of the findings of this inspection. Observations: At the time of the visit the property upland of the bluff was in stable condition and covered in turf grass \ and landscape material.The general topography of the property is relatively flat landward of the bluff face. ` The home is fitted with gutters and downspouts which discharge into drywells.The yard is equipped with an in-ground sprinkler system. At least one sprinkler was observed halfway down the water access stairs, at the top edge of a bulkhead. At the time of the visit, the bluff appears to be in stable condition.The bluff face is well established with native and landscape vegetation. Some of the vegetation at the top of the bluff appears to have been hedged. A minor area of erosion was visible on the bluff at the south perimeter of the property, possibly caused by construction or repair of the bulkheads that appeared to be recently installed. Recommendations: 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. Due to the nature of the construction plans and the footprint for the construction, it is necessary that every alternative to using heavy machinery be explored on the east side of the construction. Office Hours: Monday through"Thursday 7:30 a.m.to 4:00 p.m. Friday 7:30 a.m. through 3:00 p.m. Page 1 Our office recommends removing or discontinuing use of the sprinkler head located at the top edge of the higher bulkhead. It is never good practice to contribute any water on the bluff face. All water from irrigation should infiltrate into the ground where it is applied. Irrigation runoff can eventually lead to severe erosion of the bluff, The proposed pool installation also includes a drywell to handle pool runoff and drainage.The District recommends that the homeowner proceed with the addition of a drywell as planned. If the homeowner would like to continue hedging the shrubs and small trees that are on the bluff face, the District would recommend that wherever possible, to avoid walking on the bluff face itself to access these plants. Foot traffic directly on the bluff can lead to soil erosion on the bluff face. 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 Ken Johnson Soil District Technician Soil District Technician Page 2 NEGRI RESIDENCE 9775 Nassau Point Road Cutchogue, New York EXISTING ; N 78'42'10'E CHAIN LINK FENCE -- \ g' @ 134.16' \' h 493.28• 13817 �U5 „7.43 Marshallpoetzel EXISTING CONCRETE \ � WALL TO REMAIN - - - - I LANDSCAPE ARCHITECTURE EXISTING METAL FENCE NORTH FORK HAMPTONS ��, - .' �•- ^._._ _ 5175 Route 48 PO Box 1397 Mattituck,NY 11952 530 Montauk Hwy,#203 PROPOSED _m_ m Amagansett,NY 11930 POOLFENCE 1. EXISTING AC UNITS ON `••_,i _ phone: (631)209-2410 CONCRETE PAD PROPOSED 4'W. I fax: (631)315-5000 O SELF-CLOSING, Is, SELF-LATCHING j> I email: mail@mplastudio.com POOL GATE 1 I EXISTING GENERATOR O PROPOSED 10' I_, ' ,j �C s NON-TURF BUFFER j SURVEYOR: o �,Fs+A EXISTING EDGE 1 ;I I � i , ' � I .� Nathan Taft Corwin II OF CLEARING + i I 1586 Main Road TOP OF BLUFF VEGETATED TAFT CORWIN 11 AS PER NATHAN Jamesport, NY 11947 AREASURVEY DATED ' I Office: (631) 727-2090 EXISTING AUGUST 18,2017 ( EXISTING r I • - SEPTIC 35.3' I 1 I SYSTEM WW RESIDENCE 1709 S.F.OF I I EXISTING ( > ON-GRADE MASONRY j WELL EXISTING PATIO I i I 5" EI>' PLANTING BED TO REMAIN TO REMAIN V 1t�oy EXISTING 1 1 ( l 1 e t I k r WALKWAY PROPOSED 2'-0"X4'-6" I I [UNTNG BOARD OF APPEALS MASONRY STEPS LAWN ,"• I I I ♦ n 87 S.F.OF EXISTING MASONRY v- PATIO TO BE REMOVEDi 144 S.F.OF EXISTING 166 S.F.OF EXISTING GRAVEL PAD ON-GRADE MASONRY PATIO TO REMAIN TO BE REPLACED EXISTING EDGE OF ' I WITH RAISED MASONRY PATIO ON-GRADE MASONRY I EXISTING o EXISTING I6'-0"X 21'-0" PATIO TO 1 j BE BULKHEAD I EXISTING z 2�. GREENHOUSE TO BE REMOVED1 l G DEMOLISHED+REMOVED PROPOSED 124 S.F. j DECK WOOD STEPS+ EXISTING LANDINGS TO PROPOSED 884 S.F.RAISED EXPANSION OF I I WATER APPROXIMATE DRIVEWAY ON-GRADE MASONRY -_ MASONRY POOL PATIO I"X EDGE OF CLEARING - _; PATIO -0 PROPOSED 16' "X T-0" EXISTING � I EXISTING 1-STORY ADDITION(ATTACHED EXISTING STEPPING ' DECK j WOOD STEPS POOL CABANA)IN PLACE OF STONES TO REMAIN O GREENHOUSE TO BE REMOVED t38' 1 I EXISTING PROPOSED 4'-0"X 5'-6" \t� ❑❑L BULKHEADS / _ T SITE DATA: OUTDOOR SHOWER •• •••�___-__ __ I W PROPOSED 5'W.STEPPING t51 PROPOSEDIO'-6"X7-0" ____ � "\ I S SCTM#: 1000-119-01-6.1 STONE WALKWAY '•` ATTACHED STORAGE SHED = D Lot Area:87,485 SF (or 2.008 acres) PROPOSED 4'W.SELF-CLOSING, PROPOSED V-0"X 5'-0" PROPOSED PROJECT I � SELF-LATCHING POOL GATE MASONRY STEP \ �6 LIMITING FENCE I D PROPOSED PROP.T-0"X 20'-0" \ ; PROPOSED 58 L.F.OF EXISTING I M POOL FENCE \ TRELLIS OVER 20'X 40' BOULDER WALL PROPOSED POOL DRYWELL EX.AC UNITS POOL TO BE REMOVED 1 I 40 (SEE DETAIL 2) O / PROPOSED 91 L.F.OFOP I - REALIGNED > 01> \\ BOULDER WALL I 0)-�� t 59 L.F.OF EXISTING Io PROPOSED POOL app 1 BOULDER RETAINING NOTES: I •'' .� \ l WALL TO REMAIN I v EQUIPMENT PAD \\•. ' '1.� ! I VEGETATED t 29 L.F.OF EXISTING AREA BOULDER RETAINING 1. Base map information based on survey O o n WALL TO REMAIN w EXISTING 52 F.'0°w CONCRETE PAD � updated by Nathan Taft Corwin II on EXISTING EDGE August 18,2017. * ." TO BE REMOVED2, OF CLEARING ' j 2. This drawing is for the purpose of 0-0 a APPROX.35 CY SOIL MATERIAL TO BE �2� TOP OF BLUFF REMOVED FROM APPROX.215 S.F. 120• obtaining�\ I g permits only. NOT FOR AREA BEHIND EXISTING 4100 O �� s 22246• BOULDER RETAINING WALL *a a' \s �. CONSTRUCTION. 578,.saso•w 54.26• - 3575. •• :.� % '' � 3. Unauthorized alteration of this plan is a violation of NYS Education Law. REVISIONS DATE DESCRIPTION 10.30.17 CORRECT SCTM#AND LOT COVERAGE CALCULATIONS. s e a / COVERAGE CALCULATIONS LEGEND ��VNV9SC'q 18'-0"MAX. C.to C. ! Q Kb HAL U PRECAST TRAFFIC Lot Area to Top of Bluff 74,977 SF .-. , <C, ��'`� �'0q LL_ m EARING CONCRETE ) 14,995 SF — PROPERTY LINE ; PD ) PROPOSED POOL DRYWELL :.. < SDR 35 PVC INLET PIPE SE DOME OR SLAB TOP Allowed Coverage(20'� �"� � PLAN FOR PIPE SIZE Z w 1 :.. .,.. o =LL GRADE EXISTING COVERAGE CALCULATIONS •—•—•---•— TOP OF BLUFF - ---- -- - - EXISTING BOULDER WALL TO BE REMOVED S .rte 2'-0"MAX TOP OF DRYWELL 'F -`- �- SDR 35 PVC OVERFLOW ❑ ❑ Q ❑ ❑ SEE PLAN FOR Existting House 4,868 SF PIPE SEE PLAN FOR PIPE ❑ ❑ = 1:1 ❑ ELEVATION) Existing Greenhouse 383 SF 5,376 SF ———— EXISTING EDGE OF CLEARING PROPOSED/REALIGNED BOULDER WALL lF OF 14 SI PROPOSED BOULDER WALL TO REMAIN PERSPECTIVE VIEW ❑ 0 = ❑ Existing Deck 125 SF ❑ ❑ 0 ❑ BACKFILL 3-0"MINIMUM' AROUND DRYWELL WITH EXISTING EDGE OF ON-GRADE GEOTEXTILE 1 APPROXIMATE EDGE OF CLEARING ..................•••• TIED TO WIRE FENCING ❑ ❑ ❑ ❑ 1 4"-1�"MEDIUM COARSE PROPOSED COVERAGE CALCULATIONS MASONRY PATIO TO BE REMOVED TITLE: WIRE FENCE 2"x4"OPENINGS 10 ❑ ❑ ❑ 1 SAND/GRAVEL 48"FENCE POST 30 ❑ ❑ ❑ K ExistingHouse 4,868 SF COMPACTED SOIL 8'O.C. ❑ ❑ PRECAST CONCRETE EXISTING MASONRY PATIO EXISTING Existing Deck 125 SF 4,993 SF NIGH WATER MARK STORM DRAIN RING TO BE REMOVED GRAD GEOTEXTILE 2'-0"MIN HEIGHT AND DIAMETER TO BE BURIED GROUND WATER LINE AS INDICATED ON PLAN PROPOSED PROJECT LIMITING FENCE EXISTING MASONRY PATIO TO BE INgL MAP SITE PLAN IIN GROUND, NON-RATEABLE SOIL NOTES: Proposed Pool 800 SF REPLACED WITH RAISED MASONRY PATI S SHOWN Proposed 1-Story Addition 112 SF E 6'-0"MIN DRYWELL TO BE INSTALLED p ry 5 EXISTING CONTOUR EV I EW ED BY Z A SAND AND GRAVEL-RATEABLE SOIL AS PER STATE AND LOCAL Proposed Raised Masonry Patio 897 SF 2,022.5 SF 5 PROPOSED CONTOUR PROPOSED RAISED MASONRY PATIO 1i CLEAN MEDIUM CLEAN MEDIUM COARSE BACKFILL CODES Proposed Attached Storage Shed 73.5 SF NOTE: COARSE FILL � g EE DECISION It MAXIMUM DRAINAGE AREA SEE PLAN FOR WIDTH Proposed Trellis 140SF — -'7-7 PROPOSED -------------- PROPOSED EXPANSION OF ATED o� " 1/2 ACRE / 100 LINEAR FEET 10'NON-TURF BUFFER 5 AND DEPTH ____- _=___- ON-GRADE MASONRY PATIO SILT FENCE AST CONCRETE DRYWELL Totall Proposed Coverage 7,015.5 SF PROPOSED 1-STORY ADDITION 1 04S'eCc U DOW WELL (ATTACHED POOL CABANA) O 10 20 Section Not to Scale tion Not to Scale z Scale 1"=20'—O" DRAWN BY: S. . RLA �_ DATE:TE:201 2017.09.20 REVISED:2017.10.30 SHEET 1 OF 1 SURVEY OF LOTS 77 & 78 AMENDED MAP ';1 " OF NASSAU POINT FILE No. 156 FILED AUGUST 16, 1922 SITUATED AT NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000- 119-01 -6. 1 493'26 SCALE 1 "=20' G co VmA OCTOBER 2, 1998 \ NOVEMBER 27, 1998 FOUNDATION LOCATION �8 ?sem 24--- m JANUARY 31 , 2000 FINAL SURVEY \ Bw \ \ \ O NGE � ° JULY 1 , 2013 UPDATE SURVEY I m j JUNE 19, 2017 UPDATE SURVEY ��► 30.4 1�ew °` �N��ANNG NA"� \ \ \ 1 j AUGUST 18, 2017 ADD TOPOGRAPHICAL SURVEY \ FENCE � � CO \ \\\ CONC- M CHAIN UN \ \31.7 X WAIL 5.0 / _. \\ \ \ \ 1 I 1 � AREA = 87,485 sq. ft. 35.2 _ - - - 1 (TO HIGH WATER) 2,008 ac. � \ \ \\ \ \ 11 1 1 FENCE CpNC. MDN 1 MEAL CER TIFIED TO: FENCE / � 'I 35'8 PETER NEGRI 0 / I I ELIZABETH KAYE NEGRI m III m 1 CROSS COUNTRY ABSTRACT, LLC 138.17' cooNlc�F� ' 37.01 1 I 1 1 I I X11 WESTCOR LAND TITLE INSURANCE COMPANY X,17.7 36.7 1 1 1 I 1111 1 11 m l X37.7 III 1 I 1 CONC N I X15.5 to Z 1 m 1I I 1 11 10 !y ^� 0 o I I I I a o� I pr m WINDOW \0- 37.4 o � � � � 9 �» ` 134.16 / �� x 37.4 4 i I I I r- = 1 �v !.J RECEIVE':.] N 8°42 3B, 37.2 IIII 1 I I 1 1 1� I = x MpN �110V0 1 111 1 COC. BELGIAN BLOCK CURB S� :. •:, ?� I I I � 1 �, FENCE O.L.E./W• V1 0'4S GRATE e CHING o' N o \ 11 1 1 1 Wmo 1 �ONINIG BOARD 01-APPEALS .�LF 11 -4 *04 \ VEX l'a 1 o e.a. PpOL W\NW044 ELL r F ux 11 36! � 181 Ok 1 I 1 1 1 1 1 11 � ti _ °d•. 4ae.° e a Gf / 21 / v .a ° : aae. O°�V�aP OGyJ�� ° Q° e a a, a A e�.L�� 6.9' N SG 1 1I 111 07 ° G O O � NC O inPOsMTP\ CONC. PAD da d O�. GENERATOR ON d Il�m11 ST° .4 -4 � 1 PPS 5F y1 J 1_ a a . BRICK 'o. � o \ 1 1 1 1 \ 1 1 1 1 WWD I e e a Lj_ 11/ 4 a °. a A. ° SIATtAG 51EP -!� d c ' a. NDIN y Iy 4. .ee a a o O d.. a a' e e " LaC'jSj TXE3g•4 I ' d. ..a d l• � .° a G' a a. '� ��<�� e ' da kG����, off' �O � � /.�/ G � mCN II r r? A r 38 / Q30❑a❑ 37.4 \ \ �T�P� e a'° Fp �G9C0 e'a e d 1.a ' e. d as ��.'� na ° aA 38 17.3' E WN-K IN SANG \ I \ 1 1 1 1 mi m 1 CF01- d c 1 ° a A a s e. „A b d I I 1 1 111 1 N !i WELL a e k e .. edn ' I .°d c a era / �lr��MP 3" OAK I I I I 1 1 1 F 1s ° .m ' ° d e / �� POST Z I I Oy�C� e.• . . �' ° °d. a de ° gqa // 01e1 a 38.5 \ � I I I I O�C�C' d°, d'° a n a, .Q'a a a .a d 0P M^ / N/y0GSE. 38.4 x \ m I I I m _ 1 aay� a s /� 'P o a a .d A . ° n. x38.1 ?1 h X389 . N I I I I I I 11 I I I fA 11 A. LO •4 - d 4 A a a s A �� 38-2 I 11 111 m I -P a ea c a' X- 2�Ci 38.4 7. µ BW p I I I 1 11 k�l s e a a 4. d e. / ?S', .:. �cp`2 qr / lTW STONE WALL 7}y BW 3A_ \ \ ° 38.E I 1 1 11 1 1 1 1 11m �, '9 38.1 \ m •����,, ° a' efY� / BW .8 TB . a 54- 4 a 1\ , IN o1 1 l 385,2 d // / 05 N4k 5 OOPN ON C \ W ACD A NOW W A 9, oO e / 1' / N OGpm C 47.8 \ CONC. MON- m a \1 A d a Ad 1 a d °IVEYdp.Y° 9 a a a 00 \ 54.E aPHALT �R o. 4 .' / / 40- 'a .e q 4 a A.. ad / /42.9 CONC• MOAN' \ 4 ? .e a .. d a e _ CNAIN a ' A .aa. ..° d° A:.4' 1,10/ ti b• e ° / .e.d °' 222-46 NOTES: 1 . ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM ° a ° EXISTING ELEVATIONS ARE SHOWN THUS: x5.x - - - - - - EXISTING CONTOUR LINES ARE SHOWN THUS: -XX- F. °. ea 5 d' FENCE / a 0 4 N L. - FIRST FLOOR J / G.FL. �O - GARAGE FLOOR a e s TB TOP OF BULKHEAD - e _ / BB BOTTOM OF BULKHEAD • ee ' c 5� / BW - BOTTOM OFWALLe .ad p20 �4 c a' y d° a / a / PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND 6' TITLE ASSOCIATION. �' r•- ,., ,lQ:Y. . Lic. No. 50467 ' /� rCiJ�i1� \ UNAUTHORIZED ALTERATION ADDITION Nathan Tai t - C o r w i n TO THIS SURVEY IS A VIOLATION � ON OF III SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. Land Surveyor COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED SUNRISE R0AD TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN Successor To: Stanley J. Isaksen, Jr. L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A. Ingegn° L.S. IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys - Subdivisions - Site Plans - Construction Layout LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (631727-2090 Fax (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING.ADDRESS THE EXISTENCE OF RIGHT OF WAYS 1586 Main Road P.O. Box 16 AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 37=154A FORM NO. 3 TOWN OF SOUTHOLD RECENED BUILDING DEPARTMENT SOUTHOLD, N.Y. NOV 0 3 2017 NOTICE OF DISAPPROVAL ZONING BOARD OF APPEALS DATE: October 10, 2017 TO: EN Consultants (Negri) 1319 North Sea Road Southampton, NY 11968 Please take notice that your application dated September 28, 2017 For a permit to construct additions and alterations to an existing single family dwelling at Location of property 9775 Nassau Point Road Cucthogue NY County Tax Map No. 1000 - Section 119 Block 1 Lot 6.1 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." The ction note .A��set ac f 51 feet from the top of bluff at its closest pgint. Authorized atur Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. Fee- $ Filed By- Assignment No. -Ni APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS RECEIVED AREA VARIANCE NOV 0 3 2017 House No. 9775 Street Nassau Point Road Hamlet Cutchogue ZONING BOARD OF APPEALS SCTM 1000 Section 119 Block 1 Lot(s) 6.1 Lot Size 87,485 sf Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 10/10/17 BASED ON SURVEY/SITE PLAN DATED 9/20/17 Applicant(s)/Owner(s): Peter Negri&Elizabeth Kaye Negri Mailing Address: 100 Hilton Avenue,Garden City,NY 11530 Telephone: 516-459-3133 Fax: N/A Email: pnegn@jamatcabearings.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 9/20/17 and DENIED AN APPLICATION DATED 9/28/17 FOR: ( ) Building Permit O Certificate of Occupancy O Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction 1 ) Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXII Section 280- 116 Subsection(A)(1) Article Section 280- Subsection Type of Appeal. An Appeal is made for: ( )A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law-Section 280-A. ( ) Interpretation of the Town Code,Article Section ( ) Reversal or Other A prior appeal (Ahas, ( )has not been made at any time with respect to this property, UNDER Appeal No(s). 2165 Year(s). 7/22/76 (Plegse be sure to research before completing this question or call our officefor assistance) Name of Owner: ZBA File # REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): I (1)An undesirable change will not be produced in the CHARACTER of the neighborhood or a dearby properties if granted,because: NOV 0 3 2017 See attached. ZONING BOARD OF APPEALS (2)The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: See attached. (3) The amount of relief requested is not substantial because: See attached. (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? WYes, or { )No. See attached. Are there any Covenants and Restrictions concerning this land: (K)No { )Yes(please fumish 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 w fare of the community. Signature of ppellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this 1St Robert E.Herrmann da o ovember 2017 Coastal Management Specialist to L� is O KIM H . STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO . 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 , 201 REASONS FOR APPEAL ADDENDUMRECENED for PETER NEGRI & ELIZABETH KAYE NEGRI 9775 NASSAU POINT ROAD NOV 0 3 2017 CUTCHOGUE, NY SCTM#1000-119-1-6.1 ZONING BOARD OF APPEALS 1) The granting of the requested relief from §280-116(A)(1) for the proposed swimming pool, raised patio, and dwelling alteration located less than 100 feet from the top of bluff will not have an undesirable impact on the character of the neighborhood because the surrounding developed shoreline community along Nassau Point Road is characterized by dwellings and accessory structures located substantially less than 100 feet from the bluff. Specifically, in addition to the applicants' dwelling, which is located 44 feet from the top of bluff, it appears that every developed shoreline property located within roughly one- half mile of the subject property is improved with dwellings located less than 100 feet from the bluff. And five of those properties contain swimming pools, three of which are located on the waterside of the dwelling and set back apparent distances from the bluff ranging from 15 to 40 feet. The now preexisting nonconforming neighborhood character is the result of the shoreline community having been developed (and redeveloped) long prior to the code changes that expanded the intent of the 100' bluff setback set forth in Section 280-116(A)(1) to apply to bay bluffs in addition to sound bluffs, changes which were made only recently in December 2015 and May 2017. In fact, due to the very recent nature of the code changes, I could identify only one bay bluff setback variance request for a nearby property, which resulted in the approval of a reconstructed dwelling located less than 35 feet from the bluff crest at 7325 Nassau Point Road, twenty properties to the north of the subject parcel (Case No. 7003, December 2016). The proposed 51' setback between the applicants' proposed pool and the bluff is therefore consistent with and in fact exceeds both that ZBA-approved bluff setback and the preexisting bluff setbacks associated with the pools noted above. The addition of the pool and raised patio would also maintain the character of the bluff setbacks on the subject property itself since the 51' minimum bluff setback associated with the new structures exceeds the 44' and 35' minimum bluff setbacks associated with the existing dwelling and on-grade masonry patio, respectively. As far as the project's impact on the nearest immediately adjacent property to the south is concerned, the swimming pool and associated raised pool patio not only exceed the 15' minimum side yard setback required for principal structures, the pool exceeds the minimum 25' side yard setback required for swimming pools on a parcel of this size if the pool were not"attached"to the dwelling by the raised patio. Furthermore, the view of the Ro ert E. Herrmann Sworn to before me this 1 St 4Nblic ember, 2017. KIM H . STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO . 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 . 20„2-1 proposed pool and patio from the property to the south will remain well screened by extensive vegetation present on both sides of the shared property line. Although essentially unaffected by the project, the view of the pool from the property to the north will similarly remain screened from view by existing vegetation and by the subject dwelling itself. Thus, for the reasons outlined above, the project will not produce an undesirable change to the character of the neighborhood or a detriment to nearby properties. 2) Due to the preexisting nonconforming location of the existing dwelling approximately 44 feet from the top of bluff, the benefit sought by the applicants, i.e., the recreational use of a waterside swimming pool, cannot be achieved without the benefit of an area variance because a pool cannot be situated 100 feet from the bluff crest on the waterside of the dwelling. In addition to being significantly less practical and desirable for a large waterfront property, the pool's potential placement on the landward side of the house would require demolition, relocation, and reconfiguration of the existing driveway and the significant disturbance and removal of existing vegetation, as nearly all of the front portion of the property that is not currently improved with the existing driveway and entrance walkways is heavily vegetated. Whereas installing the pool and patio where proposed requires no clearing of vegetation since the waterside of the house has long been cleared and improved with structures, lawn, and landscaping. Nevertheless, recognizing the sensitivity of the newly required bluff setback, the project is designed to seek the minimum variance relief practicably achievable by proposing to construct the pool and patio partially in place of the most seaward 14 feet of the existing 21' deep, 16' wide attached greenhouse to be removed, thus maximizing the bluff setback and avoiding any further encroachment on the existing bluff setback. 3) The 49 feet of setback relief required to construct the proposed swimming pool is mathematically substantial, but the proposed 51' bluff setback represents a greater bluff setback than is currently established by the dwelling and waterside patio (located minimum distances of 44 and 35 feet from the bluff, respectively) and therefore creates no decrease in the existing bluff setbacks. 4) The project has been designed and mitigated to effectively eliminate any possible adverse effects on the physical and environmental conditions of the subject property and surrounding natural resources. Construction of the pool and patio where proposed, for example, will require no clearing of existing natural vegetation since the developed portion of the property between the dwelling and bluff has long been cleared and Obert E. Herrmann Sworn to before me this Is' day of vember, 2017. ft RECEIVED ublic KIM H . STEPHENS NOTARY PUBLIC 3 2017 STATE OF NEW YORK COMMISSION NO . 5015931 ZONING BOARD UF pN'rtALS QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 . 20s9—1 • Y � improved with structures, lawn, and landscaping. Moreover, the proposed swimming pool and patio will be constructed partially in place of portions of the existing dwelling and patios to be removed such that they can be located more than 50 feet from the top of the bluff and 100 feet from the surface waters and tidal wetlands of Little Peconic Bay. And the bluff separating the developed portion of the property from the bay is well vegetated, stable, and protected from erosion at its toe by a bulkhead (and secondary retaining wall) that was recently reconstructed in 2013 (see Town Wetlands Permit No. 7978). The pool will also be located farther from the bluff than the legally preexisting dwelling and on-grade patio, which are located minimum distances of 44 and 35 feet from the bluff, respectively. Due to the site elevation, the pool will be elevated well above the groundwater table, and backwash will be directed into a designated pool drywell located 120 feet from the top of bluff. As mitigation for the additional site coverage and to provide additional protection for the bluff against potential runoff and erosion, the project proposes to enhance the existing vegetation landward of the bluff crest through establishment of a 10' wide, approximately 2,100 square-foot non-turf buffer adjacent to the bluff crest, which will help to capture and absorb surface water runoff before it reaches the bluff. The buffer will also provide the benefits of acting as a sink for potential contaminants (e.g., lawn fertilizers and pesticides) contained in surface water runoff and will enhance the natural character of the top of the bluff. During construction, a temporary project limiting siltation fence will be set in place no less than 30 feet from the top of bluff to control and contain site disturbance, which will enable the project to comport with recent recommendations made by the Suffolk County Soil and Water Conservation District that no equipment be operated or stored within 25 feet of the bluff. Together, the careful design and associated mitigation measures to be employed both during and after construction will ensure that no significant adverse impacts are caused to the quality of groundwater or surface water or to the naturally protective bluff feature as a result of increased runoff, contamination, or erosion. 5) The difficulty is self-created because the applicants purchased the property after Section 280-116(A)(1) was revised so that variance relief is needed to place a swimming pool on the waterside of the dwelling and therefore are presumed to have had actual or constructive knowledge of the limitation created by this code revision. _ 1 Robert E. Herrmann Sworn to before me this 1" day of November, 2017. ary Public 'RECEIVED NOV 0 3 2017 KIM H . STEPHENS NOTARY PUBLIC ZONING HOARD Ur AMiAL5 STATE OF NEW YORK COMMISSION NO . 5015931 OVALIFIEO IN SUFFOLK COUNTY EXPIRES AUGUST 2 . ?0c)V APPLICANT'S PROJECT DESCRIPTION RECEIVLtD Applicant:Peter Negri&Elizabeth Kaye Negri Date Prepared: November 1,2017NOV ® 3 2017 I. For Demolition of Existing Building Areas ZONING 80AkG OF APPEALS Please describe areas being removed: The walls,roof,and floor of existing 21'x 16'attached greenhouse will be completely demolished and removed, the foundation of the most seaward 14'x 16'section of greenhouse will be removed,with the remaining Tx 16'portion field verified for code compliance and viability for use with proposed Tx 16'one-story addition in its place. II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: T-1"x 15'-1 0"extension of habitable first floor plus T-11" x 10'-6" attached Dimensions of new second floor: N/A unconditioned/exterior storage shed Dimensions of floor above second level: N/A Height(from finished ground to top of ridge): 13'-1 1/2" 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: 1-story 16'x 21'attached unconditioned greenhouse with glass and steel frame roof;glass and steel frame/concrete and brick walls and floor of brick paving set in pea gravel base. Concrete foundation/footings. Number of Floors and Changes WITH Alterations: 1-story 16'x 7'attached,conditioned pool cabana(in place of greenhouse)with wood framing; azek exterior cladding;copper roofing;concrete slab and foundation/footing,including half bath and laundry closet. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 5,376 sf Proposed increase of building coverage: 1,640 sf(total=7,016 sf) Square footage of your lot: 74,977(buildable land) Percentage of coverage of your lot by building area: +/-9.4% V. Purpose of New Construction•New inground swimming pool and patio;and replacement of existing unconditioned,attached greenhouse with smaller conditioned,attached pool cabana. 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): There exists on the waterside of the existing dwelling a bulkheaded slope,which only became defined as a"bluff' pursuant to zoning code in December 2015 when Section 280-116(A)(1)was first revise to—expand e definition of blu—ff to land slopes adjoining Peconic Bay. Therefore,due to the preexisting nonconforming location of the d—welling,it is not possi a to p ace a swimming pool on the waterside of the dwelling 100 feet from the top of 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 RECEIVED QUESTIONNAIRE NOV 0 3 2017 FOR FILING WITH YOUR Z.B.A. APPLICATION ZONING BOARD OF APPEALS A. Is the subject premises listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? Existing boulder retaining wall and No X Yes,please explain on attached sheet. raised grade behind it will be partially reconfigured to allow for piac6inent of proposed swimming pool. 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? Yes 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 filed upon completion of varaiance review and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Yes 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 the 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 alteration and swimming pool. (ex:existing single-family dwelling,proposed:same with garage, Lorother)_____, 09 1 . Authorizea SiNature and Date Robert E.Herrmann Coastal Management Specialist RECEIVM AGRICULTURAL DATA STATEMENT NOV ® 3 2017 ZONING BOARD OF APPEALS ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM. The form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in 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 23.9n of the General Municipal Law. 1)Name of Applicant: En-Consultants 2)Address of Applicant: 1319 North Sea Road, Southampton,NY 11968 3)Name of Land Owner(if other than applicant) Peter Negn&Elizabeth Kaye Negn 4) Address of Land Owner: 100 Hilton Avenue,Garden City,NY 11530 5) Description of Proposed Project: See attached 6) Location of Property (road and tax map number):9775 Nassau Pont Road,Cutchogue;SCTM#1000-119-1-6.1 7)Is the parcel within 500 feet of a farm operation? ( )Yes {X}No 8)Is this parcel actively farmed? { )Yes {X)No 9) Name and 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.) —ii:i --J 11 t 1 t 2017 Signature ofXepIicant 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. 61720 RECEIVE® Appendix B NOV 0 3 2017 Short Environmental Assessment Form BONING BOARD OF APPEALS Instructions for Completing 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: Negri Swimming Pool Project Location(describe,and attach a location map) 460 North View Drive,Orient,Town of Southold, SCTM#1000-13-1-5.2;property is located on east side of Nassau Point Road,366'north of Sunrise Road,map provided. Brief Description of Proposed Action. Demolish and remove existing 16'x 21'attached greenhouse and construct in its place a 16'x 7'first-story attached pool cabana addition and 4'x 5.5' outdoor shower;construct a 20'x 40'in-ground swimming pool(partially in place of greenhouse and 87 sf of existing on-grade patio to be removed); construct an 884 sf raised masonry pool patio around swimming pool(partially in place of greenhouse and 166 sf of existing on-grade patio to be removed)with P x 5'step to grade and 2'x 4.5'steps to on-grade patio;construct 124 sf expansion of on-grade masonry patio(partially in place of existing gravel patio);construct a Tx 10.5'attached exterior storage shed adjacent to dwelling;remove existing concrete pad and construct 7'x 20' trellis over existing AC units;install pool enclosure fencing;remove approximately 35 cy soil material from behind existing boulder retaining wall and realign wall to allow for pool installation by removing 58 If of existing boulder wall and installing 91 If of boulder wall;and establish 10'wide, approximately 2,100 sf nonturf buffer along top of bluff,all as depicted on the site plan prepared by Marshall Paetzel Landscape Architecture,dated September 20,2017,and last revised October 30,2017 Name of Applicant or Sponsor: Telephone: 516-459-3133 Peter Negri&Elizabeth Kaye Negri E-Mail: pnegri@jamaicabeanngs.com Address: 100 Hilton Avenue City/PO: State Zip Code: Garden City NY 11530 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, Inst agency(s)name and permit or approval: X Southold Trustees and Southold Building 3.a. Total acreage of the site of the proposed action? 87,485 sf b. Total acreage to be physically disturbed? +/-8,500 sf c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 87,485 sf. 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 RECEIVED 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? NOV ® 3 201/y X b. Consistent with the adopted comprehensive plan? ZONING BOARD OF APPEA1 S 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 Name:Peconic Bay and Environs,Reason:Protect public health,water,vegetation,& scenic beauty,Agency: u o ounty, ate: 7-12-88 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: N/A 10 Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water- N/A 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: N/A 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? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: X 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? YES If Yes, a. Will storm water discharges flow to adjacent properties? ❑NO❑YES 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 18. Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g. retention pond, waste lagoon,dam)? If Yes,explain purpose and size: 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 INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: bert E.Herrmann,Coastal Mgmt. Specialist Date: November 1,2017 Signature: ED NOV 0'3 2017 Part 2-Impact Assessment.The Lead Agency is responsible for the completion of Part 2. Answer all OZOMINUOB41VRD OF APPEALS 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 No,or Moderate small to large impact impact may may occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage 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. I I�2 RECEIVED 0 NOV 0 3 2017 ZONING BOARD OF APPEALS ❑ 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 ti RECEIVE® NOV 0 3 2017 APPLICANT/OWNER ZONING 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 : Negri,Peter (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 (/ If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of:yy �� ,20__�Z Signature l Print Name Peter Negri RECEIVED NOV 0 3 2017 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS 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 • Negri,Elizabeth Kaye .(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 If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) ' B)the.legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of L�,204 1 Signature Print Name - Elizabeth Kaye Negri . I j RECEIVED a NOV 0 3 2017 AGENT/REPRESENTATIVE ZONING 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 of someone ase 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 1st day of November 2017 Signature Print Name Robert E.Herrmann i Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1 . All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant 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 1 I libraries and the Town Clerk's office. ✓l/d2� , ' B. DESCRIPTION OF SITE AND PROPOSED ACTION RECEIVE® SCTM# 119 - 1 - 6.1 NOV 0 3 2017 PROJECT NAME Peter Negri&Elizabeth Kaye Negri ZONING BOARD OF APPEALS 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 16'x 21'attached greenhouse and construct in its place a 16'x 7'first-story attached pool cabana addition and 4'x 5.5'outdoor shower;construct a 20'x 40'm-ground swimming pool(partially in place of greenhouse and 87 sf of existing on-grade patio to be removed);construct an 884 sf raised masonry pool patio around swimming pool(partially in place of greenhouse and 166 sf of existing on-grade patio to be removed)with 1'x 5'step to grade and 2'x 4.5'steps to on-grade patio;construct 124 sf expansion of on-grade masonry patio(partially in place of existing gravel patio);construct a Tx 10.5'attached exterior storage shed adjacent to dwelling;remove existing concrete pad and construct 7'x 20'trellis over existing AC umts; install pool enclosure fencing; remove approximately 35 cy soil material from behind existing boulder retaining wall and realign wall to allow for pool installation by removing 58 if of existing boulder wall and mstalling 91 If of boulder wall;and establish 10'wide,approximately 2,100 sf nonturf buffer along top of bluff,all as depicted on the site plan prepared by Marshall Paetzel Landscape Architecture,dated September 20, 2017,and last revised October 30,2017. -7/a7-9 Location of action:9775 Nassau Point Road,Cutchogue RECEIVED Site acreage: 87,485 sf NOV 0 2017 Present land use: Residential,single family dwelling ZONING BOARD OF APPEALS 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:Peter Negri&Elizabeth Kaye Negri (b) Mailing address: 100 Hilton Avenue Garden City,NY 11530 (c) Telephone number: Area Code 516-459-3133 (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? 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 LWRP CONSISTENCY ASSESSMENT FORM ADDENDUM RECEIVED FOR PETER NEGRI & ELIZABETH KAYE NEGRI NOV 0 3 2011 9775 NASSAU POINT ROAD CUTCHOGUE,NY ZONING BOARD OF APPEALS SCTM#1000-119-1-6.1 Policy 4 Construction of the pool and patio will require no clearing of existing natural vegetation; and the structures will be constructed partially in place of portions of the existing dwelling and patios to be removed such that they can be located more than 50 feet from the top of the bluff and 100 feet from the surface waters of Little Peconic Bay. The bluff separating the proposed structures from the bay is well vegetated, stable, and protected from erosion at its toe by a bulkhead(and secondary retaining wall)that was recently reconstructed in 2013 (see Town Wetlands Permit No. 7978). The pool will also be located farther from the bluff than the legally preexisting dwelling and on-grade patio, which are located minimum distances of 44 and 35 feet from the bluff, respectively; and backwash will be directed into a designated pool drywell located 120 feet from the top of bluff. As mitigation for the additional site coverage and to provide additional protection for the bluff against potential runoff and erosion, the project proposes to enhance the existing vegetation landward of the bluff crest through establishment of a 10'wide approximately 2,100 square-foot non-turf buffer adjacent to the top of bluff, which will help to capture and absorb surface water runoff before it reaches the bluff. And during construction, a temporary project limiting siltation fence will be set in place no less than 30 feet from the top of bluff to control and contain site disturbance, which will enable the project to comport with recent recommendations made by the Suffolk County Soil and Water Conservation District that no equipment be operated or stored within 25 feet of the bluff. For these reasons,the project will be consistent with Policy 4. Policy 6 The project has been designed to effectively eliminate any possible adverse effects on the surrounding ecosystem and natural habitats, including the adjacent bluff,beach, and tidal waters/wetlands associated with Little Peconic Bay. Construction of the pool and patio will require no clearing of existing natural vegetation; and they will be constructed partially in place of portions of the existing dwelling and patios to be removed such that they can be located more than 50 feet from the top of the bluff and 100 feet from the surface waters and tidal wetlands of Little Peconic Bay,thus less than the required bluff setback but twice the required wetlands setback for swimming pools required by Chapter 275. The bluff separating the structures from the bay is well vegetated, stable, and protected from erosion at its toe by a bulkhead(and secondary retaining wall)that was recently reconstructed in 2013 (see Town Wetlands Permit No. 7978). Due to the site elevation,the pool will be elevated well above the groundwater table; and backwash will be directed into a designated pool drywell located 120 feet from the top of bluff. As mitigation for the additional site coverage and to provide additional protection for the bluff against potential runoff and erosion, the project proposes to enhance the existing vegetation landward of the bluff crest through establishment of a 10'wide, approximately 2,100 square-foot non-turf buffer adjacent to the top of bluff, which will help capture and absorb surface water runoff before it reaches the bluff. The buffer will also act as a sink for potential contaminants(e.g., lawn fertilizers and pesticides)contained in surface water runoff. A temporary project limiting siltation fence will be set in place no less than 30 feet from the top of bluff to control and contain site disturbance during construction. The project is located outside the tidal wetlands jurisdiction of the New York State Department of Environmental Conservation. For the above reasons,the project will be consistent with Policy 6. RECENED 3 200 Nov��v-v--�rvr ZDNIiVG RAan QF APPEALS 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 The project adds structural area to the presently developed property but no closer to the bluff and Little Peconic Bay than the existing dwelling and masonry patio. And the enhancement of the existing vegetation landward of the well vegetated bluff through establishment of a non-turf buffer will protect and enhance the scenic quality of the site adjacent to the bluff as it would be viewed from the bay and beach. Therefore,by maintaining the visual buffer between the developed portion of the property and the bay,the project is consistent with Policy 3. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ® Yes ❑ No ❑ Not Applicable See attached. 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 1:1No ❑ Not Applicable Due to the site elevation,the pool will be elevated well above the groundwater table;a permanent,dedicated drywell located 120 feet from the top of bluff will be installed to contain pool backwash;and a 10'wide,approximately 2,100 sf non-turf buffer will be established adjacent to the top of bluff,which can serve both as a sink and filter for stormwater runoff and contaminants. By thus reducing lawn areas and increasing the setback of lawn areas from the bluff and surface waters of Little Peconic Bay,the potential quantity of site runoff reaching surface waters will be decreased;and the quality of runoff will be improved through a reduced concentration of potential fertilizers,pesticides,and insecticides. The project is thus consistent with the Policy 5 objectives of protecting and improving water quality. 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 See attached. RECEIVED re ZONI _ _.., ..c nDDGAI S 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. 1-1Yes ❑ 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 Policy 10. Protect Southold's ,r-dependent uses and promote siti' of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 5g for evaluation criteria. ❑ Yes ❑ No ® Not Applicable REE RECEIVED I Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PREPARED BY TITLEcoastal Management Specialist DATE 11/1/17 Roberf E. en-mann Amended on 811105 i RECEIVED �' D NOV 0 3 2017 Board of Zoning Appeals Application ZONING BOARD OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) I, Peter Negri residing at 100 Hilton Avenue,PH4 (Pnnt property owner's name) (Mailing Address) Garden City,NY 11530 do hereby authorize En-Consultants (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) Peter Negri (Print Owner's Name) RECEIVED NOV 0 3 2017 Board of Zoning Appeals Application ZONING BOARD OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) j� Elizabeth Kaye Negri residing at 100 Hilton Avenue,PH4 (Print property owner's name) (Mailing Address) Garden City,NY 11530 do hereby authorize En-Consultants (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. I (Owner's Signa e) Elizabeth Kaye Negri (Print Owner's Name) i • J l� FORM NO. 4 RECEIVE© TOWN OF SOUTHOLD BUILDING DEPARTMENT NOV 0 3 2017 Office of the Building Inspector Town Hall ZONING BOARD OF APPEALS Southold, N.Y. CERTIFICATE OF OCCUPANCY Not Z-27018 Dates 04/04/00 THIS CERTIFIES that the building NEW DWELLING Location of Property: 9775 NASSAU POINT RD CUTCHOGUE (HOUSE NO. ) (STREET) (HAMLET) County Tax Map No. 473889 Section 119 Block 1 Lot 6.1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 21, 1998 pursuant to which Building Permit No. 25181-Z dated SEPTEMBER 17, 1998 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 ONE FAMILY DWELLING WITH ATTACHED GREENHOUSE & THREE CAR GARAGE AS APPLIED FOR. The certificate is issued to CHARLES A & JANICE BOVINO (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL RIO-98-0067 03/30/00 ELECTRICAL CERTIFICATE NO. N-517623 03/08/00 PLUMBERS CERTIFICATION DATED 03/30/00 PERFECTION PLUMB.&HEATING 4 -"..-L K A hor ed Siq ature Rev. 1/81 PETER NEGRI& ELIZAIshm KAYE NEGRI, 9775 N;ISSAU POINT ROAD, CUTCHOGUE 11,gg RECEIVED X1117 BOARD OF APPEALS dl a r Figure 3. Looking north along top of bluff and location of proposed non-turf buffer,existing greenhouse to be partially replaced with one-story attached pool cabana;and location of proposed swimming pool and patio. Figure 4. Looking southwest at existing greenhouse to be removed and at staked locations of corners of proposed swimming pool. + RECEME) a� PETER NEGRI & ELIZAnh M KAYE NEGRI,9775 NASSAU POn 1 ROAD,CUTCHOGUE i 649 775 N as'saLl POI 17 Goog�e Figure]. Aerial view of subject property and surrounding developed shoreline on May 11,2016. Photo by Google Earth. .r . Wom t <' P, Figure 2. Looking west from top of bluff at existing greenhouse to be demolished and partially replaced with one-story attached pool cabana;and at location of proposed swimming pool and patio. t RECEIVED' b PETER NEGRI& ELIZABETH KAYE NEGRI, 9775 NASSAU POINT ROAD, CUTCHOGUE ALS , 5� �'•vti., Aye A p _g f� � '� - - - 1f W p z. V.7710 Figure S. Looking south over location of proposed swimming pool at existing boulder retaining wall to be partially reconfigured to allow room for installation of the pool and patio. r. a k r Figure 6. Looking east toward bluff and Little Peconic Bay over proposed location of swimming pool and patio(staking flag reflects corner of proposed swimming pool). 1 ' 1. S oel 41, fw 04, •�...�,(r/ ��� !� ,.y.��' lit . � .. �T�'q'�/✓ "f, ��.iw� { / �� I 'Ap 1�. ZIS loll"'"'�,�,,� -.,.*_ r •' `�.� #�" ,,, y 'Mme,�;...>t TOWN OF SOUTHOLD, NEW YORK DATE Jllll! .Z 2, 1976 ACTION OF THE ZONWG BOARD OF APPEALS Appeal No. 2165 Dated July 7, 1976 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Janet Buschman Appellant Nassau Point Road '7 1 Cutchogue, NY 11935 at a meeting of the Zoning Board of Appeals on July 22, 1976 the aXEIVED was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property NOV ® 3 2017 ( ) Request for a special exception under the Zoning Ordinance ZONING BOARD OF APPEALS 4X4 Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article ... .. Section ....... ........ Subsection paragraph ............... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7:50 P.M. (E.D.S.T.) upon application of Janet Buschman, Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct an accessory building in front yard area. Location of property: east side Nassau Point Road, Lot #77, Map of Nassau Point Properties, Nassau Point Road, Cutchogue, New York. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted (. ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE pP (lVri1 - p ZONING BOARD OF APPEALS FORM ZB4 Chaff an Boar o pAea After investigation and inspection the Board finds that the applicant requests permission to construct accessory building in front yard area, east side Nassau Point Road, Cutchogue, New York. The findings of the Board are that the applicant's rear yard is severly restricted by the lots to the east. _7Q 9 The Board finds that strict application of the Ordinance RECEIVED would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by. all properties alike in the immediate vicinity of this property and NOV 0 3 2017 in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. ZONING BOARD OF APPEA1 THEREFORE IT WAS RESOLVED, Janet Buschman, Nassau Point Road; Cutchogue, New York be GRANTED permission to construct accessory building in front yard area, Lot #77, Map of Nassau Point Properties, Nassau Point Road, Cutchogue, New York, as applied for, subject to the following conditions: The paddle tennis court shall be no closer than 60' from Nassau Point Road, no closer than 20' from the southerly side yard, and no closer than 15' from the northerly side yard. Vote of the Board: Ayes: - Messrs: 'Gillispie, Bergen, Hulse, Doyen. RECEIVED AND FILED BY THE SCUTHOLD TOV-114 CLLiU DATE/x/741 HOUR 9'3o 19"4 I Town Cork, Town of Souti:c:! I t rn v.u� y - o TO OF SOUT14OLD OPER`Tlr RECORD CARD m _ OWNER STREETVILLAGE DISTRICT SUB. LOT w - Civ icy s u e JI a FORMER OWNER Z`4i-feS R, N E ACREAGE - l S 7 an t'a e 4 . ►'ri6 �, S W TYPE OF BUILDING RES. Ze d' SEAS. VL. FARM COMM. I I-ND. I CB. ( MISC. �-�".A. S LAND IMP. TOTAL DATE REMARKS +� o �Q�Z,®/� ��. , t�G�f Udo + ��ir�� a., s d(ettn . LO 7/3 2 A4.0' io CA ca �-30 3 ��, ��, SER, P�''� Z V11 D 7gDDGE %.�-Al1/nS Cat.Pe; C 3p0 J a6 Z. - . . .. ... 9t.2- to /0o �� G4Y( 1 - L - u Scjj �� ✓rno� _~. a 2-9 608a6 770 a �� - l- AGE 3'` ._oo t BUILDING fcON (TION 9 /7 l� /�� z *3 �7 W� PiL BELOW eovE e a , Ftp Are ueLD r Ar i p i2►, �( �v am = (� �, E� !Z t Til able 1 M ' Ln Tillable 2 r` — -- cn Tillable. 3 Woodland LO . Swampland z,..., �._ — z m ffi- Brushlaffu-- ' m o Iq Cm House Plot a m m m D o `V -' rii D Toto I �n ■■■■■■■■■.■�. s� 33.1l�Qi3��l1�� •t ■■■■■��■�■■■�■�■Ila i�■ ■■■iii■■�ii�lliAti■ri■■ ■■■■■■�ii�■■■�iiil�i■fir■■ / � RAN' ■■■■■■■■■■■■i■■■■■■■ ■i■■■■■■■■■■■■■■■■■■ ■■■■■■i■■■nE■■■ AN ■■■■■■■■■■■■N■■■■■■ Foundation Interior Finish y .y1 - loon _ � _ _ - TOWN OF SOUTHOLD P OPERTY RECORD, CARD OWNER STREET JG VILLAGE DISTRICT SUB. LOT 7 a concL / d� dp� �1/ � D ve C > a- FORMER OWNER N E ACREAGE /4- s S W TYPE OF BU f LDI NG RES.Jd SEAS. VL. FARM COMM. IND. I CB. MISC. LAND IMP. TOTAL DATE REMARKS Cn tn o _ cn /god ��o i G - y•'/ Q �..�( - f.( o Cie✓ nZ ` lt=�lolQD. c 0 1 -7 F- D cn AGE BUILDING CONDITION NEW NORMAL ' BELOW ABOVE Form Acre Value Per Acre Value Tillalafe 3 Lo - Lo Tillable 2 z M LD Tillabfe. 3 G10 0 < T LD Woodland --- �" m Swampland -n cNJ r� Brushland CD House Plot m m - m Total CD . m -W \ N CD v CD v Ul M W N--j Ln W Ln U1 O C4 6-A i' ace olydxt-�h 00 -- N O.� A. BId � 9. Foundation .10' C) l; Bath 3 �N0. d xtension Basement � �� FloorsY 69 xtension Ext, Walls ��� p �' � Interior Finish M Ln In xtension Fire Place }le �k� F 2 r.c2 l f N � ��t. �� Porch Attic Porch Rooms 1st Floor reezeway Patio Rooms 2nd Floor �a rage Driveway �. B. T D M CD _ A CD Ln iY� - .;. V<�.. �:�� �.. ,�'�"ly, �f -`-SV .I � J�`Ii �.�, � fY v z' �',yi�■.■■■■■■��■�.■�■■■■..■�■ . f;i -[a.•"ais��y�'}""1 r� � -^s'�;�t�.55.. 3-.t Y ♦2p.� .■■■■■i■■■i■■i■■■�■/■■■.■ .:�`�: '. �� � :�■1�■■■�■■���.��!'�'.�■■�►1■1il�tilill'i�llili ys. I �•r�.t..�. -: IN LJL Dormer Rooms 1st Floor •• �� �� Driveway A • _ y '• •� .• .• •� • ti �, EN-CONSULTANTS November 1,2017 'NEO Southold Town Zoning Board of Appeals �v 3 X011 Town Hall NO RD OF APp 53095 Main Road ING 50P P.O. Box 1179 20N Southold,NY 11971 Attn.: Kim Fuentes Re: Peter Negri&Elizabeth Kaye Negri 9775 Nassau Point Road,Cutchogue SCTM#1000-119-1-6.1 Dear Ms.Fuentes. Enclosed for review are(9)separate sets of the following for your review: 1. Notice of Disapproval dated October 10,2017. 2. Office Check List. 3. Zoning Board of Appeals application including; a. Reasons for Appeal(3 additional pages). b. Applicant's Project Description. c. Questionnaire. d. Certificates of Occupancy#'s.Z-27018 e. Agricultural Data Statement. f. Short Environmental Assessment Form. g. Owner's Consent. h. Applicant&Agent Transactional Disclosure Forms. 4. LVW Consistency Assessment Form(with addendum). 5. Copy of prior Appeal No.2165 (July 22, 1976). 6. Site Photographs depicting staked location of proposed structure(s) 7. Property card for SCTM#1000-119-1-6.1. 8. Survey prepared by Nathan Taft Corwin III Land Surveyor, last dated August 18,2017 9. Site plan prepared by Marshall Paetzel Landscape Archtecture, last dated October 30,2017. 10. One(1)scaled original and eight(8)reduced NTS sets of building plans prepared by Matt Hux Architecture,dated October 20,2017. IL 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 ly, V Robert .Herrmann Coastal Management Specialist /khs Enc. 1319 North Sea Road I Southampton,New York 11968 p 631.283.6360 1 f 631.283.6136 www.enconsultants.com environmental consulting ` o��ggFFO[�c0 ELIZABETH A.NEVILLE,MMC may. �y Town Hall,53095 Main Road TOWN CLERKo PO Box 1179 C/s Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 0 • .tC Fax(631)765-6145 MARRIAGE OFFICER y� �~ Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �l , �► www.southoldtownny gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: November 13, 2017 RE: Zoning Appeal No. 7128 Transmitted herewith is Zoning Appeals No. 7128 for En-Consultants for Peter Negri-The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Reasons for Appeal Addendum, Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Applicant/Owner Transactional Disclosure Forms, Agent/Representative Transactional Disclosure Form, LWRP Consistency Assessment Form, LWRP Consistency Assessment Form Addendum,Notice of Disapproval, Board of Zoning Appeals Application Authorizations, Certificate of Occupancy, Google Earth Photo, Photos, Action of the Zoning Board of Appeals, Property Record Cards, Application Cover Letter, Site Plan, Survey, and Drawings. * * * RECEIPT * * * Date: 11/13/17 Receipt#: 229608 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7128 $50000 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#7195 $50000 En-consultants, Inc Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: En-consultants, Inc 1319 North Sea Drive Southampton, NY 11968 Clerk ID: SABRINA Internal ID-7128 I !i .3 BOARD MEMBERSOF $�Ur J Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora #tt Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer `0 �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento I�C�U �`c.` Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 1, 2018 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, FEBRUARY 1, 2018. 10:00 A.M. - PETER NEGRI AND ELIZABETH KAYE NEGRI #7128 — Request for a Variance from Article XXII, Section 280-116; and the Building Inspector's October 10, 2017 Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing single family dwelling at; 1) less than the code required 100 feet from the top of the bluff, located at: 9775 Nassau Point Road (Adj. to Little Peconic Bay), Cutchogue, NY. SCTM#1000-119-1-6.1. 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: kimf@southoldtownny.gov Dated: January 18, 2018 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 REV IS ONS&ISSUES # DATE NAME 1 10/20/17 ZBA SLIBMIT1 DCI TING CONC.FOUNDATION WALL t FOOTING TO BE DEMOU9HED F1 -------------------------------- I i I I TERRACE AND POOL I l r l BY L.A. I I �•I• s 2 I t ( 11 I 1 1 I I i T.0. -0-7" I T.O.W-O'-7" MATT104 1 TH STREET II B.O.W B.O.W MATT HUXARCHII ECTURE 14'_8" $ IO-I / \ � �� ,L GARDEN a ds ' E E P�g GARDEN CIT Y,NY 115 30 RUQBER WATERPROOF NEW PAD 314 A 42 69 MHLIX@OUTL00K.COM- -�41-; -r- - - - - - -- _ IMP POOFING FOR R4A 2WWW.MATTHUX.COMI /p"RIGID INSULATION NT5 ELOWGRADER .SB STNG CbNC�OLN5A71ON WALL — — T — - - T � EV ORPARRIER tA5 PER NY5RC ,L F4bTIGyO REMAIN / / / / K406 DEGOMPUANCE7INBEPat //E / ERIFIED BY G.C; aU MO/REBUI9 AFTER%V.h 'I(j BOARU OF AP.EALSLULL 4�CONC SLAB A$OVE / / / / / 4 CON .5LA13 OVE iv� / (6"z6",6/6 GAUGE WW.F), / / t t / (6"1. " /6 GAUGE W. .F), /I ON G''GRAVEL FILL qN 9OTo / / ON 6 GRAV'L ILL ON 90% COMP.FILL' / / / / /j t / /COMP.FILL/ DCISTINC CONC.I OUNDATION WALL 1 4 fb0 NG TO REMAIN " /CODE OMPCIANCE TO BE FICLC£ j U X VER)FICD BY G.C, — , — — — — \ / -' � - t /� - - - - - -- - - - - -- - i i -- - - - - - "- - - - - -•- - - - --- - - -- - - - -- - ----- - - -- -- - - -- --- i t t EXISTING KITCHEN \\ �\ EXTG GARDEN RM i ( EXISTING GARAGE t NO ALT \ \ TO REMAIN NO ALT t z EXISTING 4"CONCP>TE 3IA13 \ \ \\ EX15TING REMAIN <N CONCRETE SLAB TO REMAIN TO REMi t TOI TING N CONCRETC 5LA5REMI I /* \ D \\ LL tt W z FOUNDATION PLAN D SCALE: 1/4"C1'-0" SCOPE OF WORK r TO BE PERFORMED IIft 111 j 11 I j 16-O" IIII, I jIIII 1111 1 - I�t I� I C I IIII IIII I I II I IIII IIII I I I IIII IIII 1 - ,111, 1111 i S 1 IIII 1111 1 0OIL 2 F.FL. -•0' 4-1/2" ( �I ISI� �I�111� F.FL. -0' 4-1/2" ELEV. i 1111 1111 1 ( ELEV. 11111 II11 1 ( IIIA b IIII, _ IIII 1 GREENHOUSE w I� I SCOPE OF WORK I I I I i BRICK PAVING 5ET 1(111 IN PEA GRAVEL BA5C 111 I I SCOPE OF WORK TO BE PERFORMED I 111 I I I I I I I TO BE PERFORMED 11,t I TO BE REMOVED 1 1111 1111 1 I 11�I1I�I I I I I GREENHOUSE WALL5/ IIII WINDOW (IIII 13EDEMROOF/FLO5 111II - -- - -- --•—:- - -•- --_ WELL ,III, TO BE DEMOLISHED; 11 III r— ——— — —— 1 1 1 1 1 INT FINISH WALLS TO BE REPLACED; I I III dL F.FL,.-O' 2 1 n1 I FOUNDATION TO BE PARTIALLY 1 1 1 DEMOU5HED,5EE FNDN PLAN 1111 I I -1 I = — — ELEV.' r -, F- 7 ACNIT5 TQ BE e i I I 1 111 1 111 I I ( I I RELOCATEJALONG YAME WALL I I I EXISTING CON¢PAD TQ BE DCTENDED ( I I ALT:IXMO/REBUILD F.FL. 0 0" 1 11 1 L-- ---I L _ _J L —_J L -- J i B \`� 1 I I I I ELEV. fil - 1111 I ` E jIIII I : • I qORTH I --------------------------•- 11111 ----------------- ti OL F.FL. —0' 0" i i ELEV. I I r i U V \� /'/ I 2 ASEIRS � PROPOSED POOL CABANA FOR ` •••«• KITCHEN \`� ,i' �� GARDEN RM I I I GARAGE / •� MR.&MRS.NEGRI CERAMIC TILE FLOOR I I SCOPE OF WORK CERAMIC TILE FLOOR I I , «,, 9775 NASSAU POINT ROAD u 3 , «, c, CUTCHOGUE,NY11935 TO REMAIWALT:REPLACE; I TO BE PERFORMED «« WALL FIN15HE5 TO BE REPLACED meq.. / -1 ELEV. 0 EXISTING 55 51NK E CTOP / CONDIDEMO/ % I I FOUNDATION / I PLANS __ CLO �' /' SCOPE OF WORK -TO-BE-PERFORMED`----- / // DRAWING CONTENT. ' ---- DATE: DRAWN BY: A � ,� , lei' ,� ,' PANTRY I I APRIL 2017 CERAMIC TILE FLOOR I i up i ACK CERAMICiTIAL PLO / /,/ I 2 RI9 RS SCALE: FILE NAME: 01EXISTING/DEMO FLOOR PLAN KEY PLAN AS NOTED A SCALE: 1/4"=1'-0° 7A SCALE: 1/4"=1'-0" 17-08 A-1 PROJECT#. PAGE#: 1 2 3 4 5 6 7 8 9 n T- 1-rj I J -J I [ FEVISIONS&ISSUtS I L �l 1 J J it LI J I I I I L _J L t 1 _1 71-- , 11 �i i! ! r ��_T-7 T' lj I 1 1, 1 1 _'_L # DATE NAME -J�A j I 1 10/20/17 Z8A SUBMIT 1 I T T 5TANDING r 1 1 7 -1 1 (; 1 1 1 1 I� I It 1 11 1 1 ; 1 1 1 1 1 l - :-T -A 20oz I I �1 1 i 1 !I I i I j 1 1 1�_i �I I i I 'I [iS. I J L __ -L,-171, - i I I, -­ - - l r-_-T- RE D COPE J L ON 30 mil UNDE' 5T�NDING 5EW 20oz L L! J I j, ENT 2 �$--RIIDGE-, RED COPPER RD L ON$Oib FELT ON 41L,6LIF 5HEET I ------- T -ELEV.13' 1-1/2 5TRUCTI.JR.A L DECK ON 30 mil UNDERLAYMEN 1 ON 24 ON 3011,FELT ON 41t,5LIF 5HEET R _T_ j47�7 1 : I 1� I P K'' I ON 2XG,5TRUCTURAL DEC 1 L L! J J1_ it F [-,I j tj 1-T J- :r\DLAAA��)AND L T EP�-I-, rni i IRANr _.HDR HT ELEV.7' 2L1/LT T TT Sr 2" i-T lT j j I IL _F-_T T,__11_...L T !: -T _T_,_,_E_ -L-L-1 5MIPIAP Ti- 1 _ SIDING njr7---,T- 7- - 5HED D, OR AND _7 .. .. 11 - — : -1-5- _1T__j_1 5H11P 51DING H COLOR MATCH r COLOR. E r -r- T _T p__--I EXISTING W IDOW TRIM _T- _T C UNIT T'TI AC UK T J-__l J _j L 7- A FRONT (EAST) ELEVATION T_ -4 4-4 FLOdR-E�= MATT HUX ARCH rtrCTURE SCALE: 1/4"=V-0" LOUVERED 5LAT5; \,1V ELEV.Ol :E) BPJCK I NFILL WALL BEYOND_/ 104 1 OTH STREET LOUVERED SLATS TO MATCH ExanNG HOUE GARDEN CITY,NY 11530 BRICK FACADE; 314 A 02.4269 DRYER VENT INSTALLED MHLrX@OUTLOOK.COM IN FACE Or BRICK WALL WvVW.MATT HUX.COM E TERRACE AND POOL PER L.A.PLANS STANDING SEAM 20l STANDING SEAM 20oz RED COPPER ROOF nD COPPER ROOF ON 0 m"UNDE N' RED COPPER GUTTERS LDR5 30 mil UNDERLAYMENT 011, LT 0 rj 7 EXISTING 40 YR ASPHALT ON 30117 FELT ON 4 1 1b 5UP 5HEET 0 3 FE r4 y11Mbff5L1P 5110ET ON 2X6 T*G STRUCTURAL DECK ON 2XG.T*G STRUCTURAL DECK STRUCTURAL 5EAM5; 2x4 CEDAR TFfI_U5 mrmt3ER5 5HINGLE5 ROOFING K E)(TERJOR,BOX O.C.) ux RIDGEAND 3/4'THK OVffP,300 BLDG PAPER NEW LDF � EXTERIOR GRADE PLY.WD,(TYP) NEW LDR Li EXISTING ROOF FLARE, J� N STANDING 5EAM 20oz j 1 RED COPPER ROOF -------------- 3tt :ZC E3 A 0 30 mil UNCIffRLAYMENT EV 13' 1-1/2" ON 3016 FELT ON 41b SLIP SHEET Y 12 2 2 ON 2X6 STRUCTURAL DECK 0, z �x/>f;e, 1, /" �//>, .D_ < R LDR. h AZEK EXTERIOR TRIM, TT_ IF I </x t5OXru 12EK1317AM5 AN H R H X ED`_ 11 1�Tr 1[ 11 1111 11 11 1 11 1 it I I 1 11 1 il I I �'r I LLJ�_V.. Z-I1Z 1 1 T_ _TTI[I IT J71' D 1-1111-Jr 'I — _71 FTIff TI I 1��- i -_ -_- - k 11T� -1 FF TFIFT F f-I I ]l i I N" D7 17 FM[:W1 FTTTF�T Irm ]T[�Tl 71 TF1 FIFUTTUIT-T Ti T 7,T7 -1 FTTM I F FTTfl 'I T, LOUVfj z > �D - - 1111 RED 51_A�T5 _1= E:1 lip H 11 T 1717, 1 T _L rTTFTTTI IT 7"IF T- _T_ I 1'r __T TT >< J-I- _-1=44-j' 'd TF T IT X1 FLOOR T__ `T� T T HIT I F1 F IT FT7 !T T BLUFF PDE (NORTH ELEVATION SC�A/2 LLL LLLLJ iL -ILL _L L PROPOSED ROOIF PLAN �� rI III 11 1! x111 I1F I ill iii jul 1111�11 1 11 IT p 11 Ill h_F`I,-I C TtKRACE AND POOL BY L.A. OL F.FL. -0' 4-1/2" 0 \-F ELEV. RAISED BY L.A.TO 1:19H'l PATIO BY L.A. OUTI) SHpWER 1 000 PATIO 13Y L,A. 1 48 T2 f T\ T2 /7_4�\ GXG WOOD COLUMN PRt55URE TREATED 4 24 \2j 2x4 CEDAR.TPXLL[5 MEMBERS POWERLAM P05T+ECQCCT 5IMP50N W2 O.C.) 1/2W-1/2'EXTERIOR 13OXED AZEK) 24 24 ��vl "PAIr p' ' -w:c --- +--��-- r W2 44-r------ _N .7 1/2'. 0".ve PERGOLA F_ -IVI HDR 13011 WINDOW IO"LVL IDR BOLTED r LOI LT CA- T r; �I 11 11 11 1,- �_ L_, -1 1 -I FJ _L1! T IrT2 W2-\ Wal! 24 1 T �YEV!j ij I "j, d cil 11 1 !L U�D 2�D u 11 11 7F--7T-7T-T 11 11 0 1 1 11 1 1 11 11 11 11 11 1 1 771 V-1 I I ,.. I ,, ,, , !I I - TOILET STORAGE I j1 ­j CAD cm E30A f4( -1! 11 LIJ OF OIL F.FL. -0' 0" 1 1 '1 11 -1 -­� k RIDGE B LINE Of = 114 Ls 17 y i 5TANDING 5EAM 20m I RED COPPER ROOF - I I \--F ELEV.13' 1-1/, ON 30 mil UNDERLAYMENT 12 ELEV. 4 \ROOF PROJ. TT3 VW-3 Ali, F.FL. 0' 0" ELEV. NIT I 1 11 11 11 AGIUNIT 2 1 11 11 AC UNITi3 I I I I AC VN I I 1 11 11 11 IACIU 48 L tLnoo-a s2�mytE�_ L I ON 301b FELT O� — ------------ -H-ii-ii- + ;J ..__I;_!. A- JLJ +AC1U"^D!tO T 11 11 H it 11 11 11 1 1 11 11 11 11 11 1 1 d--- JJ 1�1_� R ii.-L iL _LL _LL_u__LL_LL LI L]L-1 ----------- -------------- ii J U-1i ----------------------- 2 I I -IL-T-,-T __T 1-F PROPOSED POOL CABANA FOR- Ab_\F FL -0' 0" ; I I III—1-T OXED AZEK BEAM5 F AND V. 5 AIR UP OL HDR HT MRA MRS.NEGRI t i L I 2 R.15FP5 7- F-I-7 T--I-F- I \-F ELEV.7' 2-1/2 9775 NASSAU POINT ROAD I— F ZI T_T T'T'T� "I EXISTING KITCHE EXTG GARDEN RM EXISTING GARAGE: CLITCH OGUE,NY j 1935 TO"MAIN;NEW WALL fIN15ME5 -1--,—17-7 T -T--T-F NO ALT NO ALT 'T 7 L,J- IDING __L __L _17 J L T F I r,FL. -1' 0" FLOOR PLAN/ T_-1 - -I -� i I — ________—- I -ZI 3� ELEV. 1-4 CJ 55 51NK I - __F_ ROOF PLAN/ TO REMAIN 1 1 cJ ELEVATIONS -,1_7 UNIT LOUVERED SLATS c 7, 1__T _T -i- T-- -f-_T- T_L_T­LT_ i-I-I- L L j • DRAWING CONTENT. -L=�_L7_T_J7_r�'! OIL r FLOOR -------------r-------t --------- - 5COPE OF WORK S \-F ELEV.0'-0" r Tp7I3E-BE ------- ---- --------- DATE: DRAWN BY: APRIL 2017 PANTRY SCALE: FILE NAME: CERAMIC TILE FLOOR I I UP ACK HAL 2 RISERS �pLANSOUTH ELEVATION �!:���ED FLOOR CERAMIC TILE FL AS NOTED 17-08 A-2 PROJECTA PAGE#: T 5TAND gYR( M _T 71- 2 3 4 5 6 7 8 9 ;# TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK �� 1 AFFIDAVIT OF In the Matter of the Application of MAILINGS Peter Negri and Elizabeth Kaye Negri (Name of Applicants) SCTM Parcel# 1000-119-1-6.1 COUNTY OF SUFFOLK STATE OF NEW YORK I, Robert E. Herrmann, residing at c/o En-Consultants, 1319 North Sea Road, Southampton New York,being duly sworn, deposes and says that: On the 12`s day of January , 2018 , 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 across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Vvto before me this day of January, 2018. ANNE ILLIONS Notary P'uoblioc,S atee474 OW York (Notary Public) Qualified in Suffol-< i^t f5oa Commission Expires8 PLEASE list on the back of this Affidavit or on a sheet of paper,the lot numbers next to the owner name and addresses for which notices were mailed. Thank you. u J ' • PostCERTIFIED --"Service. 1PT ,/ . 1 p . ✓ _n Domestic Mail Only fU Certified Mail Fee I ru Certified Mail Fee $ TO1Y i � $ Extra rvces&Fees(d eek bareddfee es rvces ees(deekbnreddleem ON 1] ❑Ratan Receipt(hsrdoopy) $ `- I I C3 ❑Retum Receipt(hardcopy) $ C3 ❑Retum Receipt(eleetronb) $ pp ❑Retum Receipt(electronic) $ - Q ❑Certified Moll Restricted Delivery $ ere , C3 ❑Certified Mail Restricted Delivery $ '` n�� PO ark 0 [Indult Som ure Required $ - '� L �• O ❑Adult Siynehue Required S t n (4 FI fe •- :. ❑Adult Signature RestrictedDelivery$•- - I !v C/j ❑ Signature Restricted Delivery$ - _ 1 .� Q Postage Qco Postage Ln Ln - 17lTotal Posta g 9Fj� M Total Pottage.! $ John P. Gantl $ 9 Y -j 1f'b, Sent To '` —- sent To Evan Akselra - a Susan M. Gantly Yasmine Anavi SrfeerandAF- 9680 Nassau Point Rd` ` saaetandApr.N 16Jay St., Fl. 3 �rry;"8iere; �' Cutchogiie,NY 11935 New York,-NY -10013 it W Postal e Service" Cr 1 O RECEIPT s Q"' Domestic Mail Only rU /7 O Ir 0 FFICIAL USE -00 Certified Mail Fee Q-T O $ ,YA' t� Extra Services&Fees(dedrbox.add fee meP elK 0 ❑Retum Receipt(hardcopy) $ 0 ❑Retrur Receipt(eleclmnlc) $ _ 3 ❑Certified Mali Restricted Delivery $ `\ Here O ❑Adult signature Required $ \Q\` ' co ❑Adult Signature Restricted Delivery$ J 4 r-3 Postage — — - M Total Pottage i -D Sent To Carl Hoelzl - - r C3 Svee'r'andApi 21 Whitford Road Stony Brook, NY l•(11790 t e r FRECEIP — ee 1 0 o . 1 `.n Only A ' r) n, �kI176i:defiv.&�information,visit our website at ww rU Certified Mail Fee OFFICIAL USE -00 $ t Q O N rU Certified Mail Fee Extra Services 8 Fees(drock bar,add foe as appropriate) Q� J_ 0 $ O N O ❑Retum Receipt(hardcopy) $ .�' �\� Services& ees(dreck box,add tee as appropriate) p ❑Return Receipt(electronic) $ p ❑Retum Receipt(hardcopy) $ r' C3 ❑Certified Mail Restricted Delivery $ p ❑Retum Receipt(electronic) $ ::..P O E] Adult Signature Required S Q :A 'rb N O ❑Cart1fled Mail Restricted Delivery $ re ❑Adult signature Restricted Delivery$ (p [ j O ❑Adult Signature Required $ 1r// �,c, ❑Adult Signature Reetrdcted Delivery$ Pasta ge r C-3 Postage - i m $tel Posteg - -., i O P�\ V,' m Lel Postag sent To - ' - -- 1 $ Fotene Speres, Liv:Trus I r-q Susan M. Norris 7 '� sent To •, __ � Constantine Spares Liv.Trust � iii �- PO,Boz 66 i l g� C3 -thii iWAE 24 Haniiltori P1,F-1- - Mattituck NY 11952 �(ryraie. - Garden-City,NY 11530 - - --- } • - • CO / r • • ■ Complete items 1,2,and 3. A. Sig ■ Print your name and address onAhe reverse X t natur so that we can return the card to you. Addressee i r ■ Attach this card to the back of the mailpiece, B• Recel ed by(Printed Name) IC. DateofDelivery or on the front if space permits. r. 1._Article_Addressed to: _ D. Is delivery addres m item 1? O Yes If YES,enter �(tfLy address low: ❑No t y V �O S� qr, Fotene S.peres,Liw:.=Ttust;; r F;r - Constantine Spere§"Liv."TrMst (Y�') `24 Harmlton P1, F-1 ��Garden City, NY 11530 / IY IIIIIIIII Ilii Ill I I I I I II IIII II ❑A. Mail 3Service Type Adult Signature O Registered al[ T- I illiI I �I'I1II ❑1-03, Adult Signature Restricted Delivery ❑Registered Mail Restricted PfCerti ied Mall® Delivery 9590 9403 0349 5163 8775 54 ❑Certified Mail Restdoted Delivery AIR Race for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service:labei) ❑Collect on Delivery Restricted Delivery q Signature ConfinnatlonTM S 3 ❑Insured,Mall j I 1`j t 1! i Y,i ❑Signature Confirmation ❑InsuPed'Ivtail Restricted Delivery 'Restricted Delivery PS Form 3811, 7 016 35,40- .0000 6629 418 2 Domestic Return Receipt AFFIDAVIT OF MAILING PETER NEGRI and ELIZABETH KAYE NEGRI 1000-118-6-8 9580 Nassau Point Road, Cutchogue Susan M. Norris PO Box 66 Mattrtuck, NY 11952 1000-118-6-9 9680 Nassau Point Road, Cutchogue John P. & Susan M. Gantly 9680 Nassau Point Road Cutchogue,NY 11935 1000-118-6-10 9820 Nassau Point Road, Cutchogue Evan Akselrad&Yasnune Anavi 16 Jay Street,Fl. 3 New York,NY 10013 1000-119-1-4 9675 Nassau Point Road, Cutchogue Fotene Speres, Liv. Trust Constantine Speres, Liv. Trust 24 Hamilton Pl. F-1 Garden City,NY 11530 1000-119-1-7 9895 Nassau Point Road, Cutchogue Carl Hoelzl 21 Whitford Road Stony Brook,NY 11790 • • :THIS SECTION COMPLETEON DEUV ERY ■ Complete items 1,2,and 3. A. Sign ■ Print your name and address on the reverse X I / O Agent so that we can return the card to you. O Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Prfn d Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: _ __ q. Is delivery address different from Item 1? 13 Yes i If YES,enter delivery address below: ❑No �7. Carl Hoelzl , 21 Whitford Road ' Stony Brook, NY 117903. Service} II I IIIIII IIII III i I I I I II IIII III IIII III IIIIII III, J ❑Adult Signature e 13 Restricted Delivery ❑Registered MMail all Restricted reSSO ❑Adult Signature ❑Registered Mal" } Certiflad Mall® Delivery i 9590 9403 0349 5163 8775 47 fled Mail Restricted Delivery �Retum Receipt for S 13 Collect on Delivery � Tc7erchendise 2. Article Number(TWsfer,fiom service labeq ❑Collect on Delivery Restricted Delivery ❑Signature ConfinnationTM I ❑Insured Mail ❑Slgna$ure Confirmation ❑Insured Mall Restricted Delivery Restricted Delivery 4 PS Form 3811,AI. _ -701,6-3,560-r;0000 6629 419 9 I Domestic Return Receipt I SEN s • SECTION ■ Complete items 1,2,and 3. A Signature O Agent N Print your name and address on the reverse X0D Addressee so that we can return the card to you. B. ceived by(Prf ed Name)_.. C. Date of Delivery i ■ Attach this card to the back of the mailpiece, _ or on the front if space permits. %D. Is delivery address different m em ? C3 Yes 1. Article Addressed ILO:—,--_ ry 1 — If YES,enterrdellvery address bel ❑No John P.'Gantly' ;,. oZ<< Nvr i Susan M:'Gantly t `� �(61� ! 9680 Nassau Point Rd Cutchogue,NY 11935 �N 7th II I IIIIII IIII III I I I I I II IIII III IIII I II II I II I III _ 3. Service Type ❑Priorityredo Express® ❑Regist ❑Adult Signature Registered MaIITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted, Gertlflad Mall® Ilv 9590 9403 0349 5163 8775 78 Tj Ce ad Mall Restricted Delivery V(RRet Receipt fm ❑Collect on Delivery Me rohandlse 2. Article umber(Transfer from service fab ❑Collect on Delivery Restricted Delivery Q Signature Conflnnatlon1 j, ❑Insured Mall ❑Signature Confirmation g' S i i { Mall, i 6 :Restricted Delivery `•Iii i i i i i l I i i i{ ? I 1 i f ❑insured Mall Restricted Delivery B i l l ir.,,.a._csnrn•r _i... { PS Form 3a,,," %-?016- 356.0- MOO,0 6629 416 B I Domestic Return Receipt� I SEN e SECTION ■ Complete items 1;2;'and 3. A`Signature Agent ■ Print your name and address on the reverse1 so that we can return the card to you. &LQ-.." ❑Addressee B. Received by(Printed NameL C.I ■ Attach this card to the back of the mailpiece, f D to oeli ry �, or on the front if space permits. Kc 'e ec 111I 1-7 ! ! 1. Article Addressed to: D. Is delivery address different from Item 1? ❑Yds i If YES,enter delivery address below: p No a 7 Susan M. Norris PO Box 66 Mattituck NY 11952 —--—- -- - - - - 3. Service Type ❑Priority Mall Express® II I IIIIII IIII III I I I I I II IIII II I IIII IIII(IIII III ❑Adult signature ❑Registered Mail- 0* Signature Restricted Delivery ❑Registered Mall Restrtctedi ad MaII0 9590 9403 0349 5163 8775 85 ❑ ::ed Mall estricted Delivery �IIvm=pt for Collect on Delivery erohandise ❑Collect on Delivery El Delivery Signature ConflnnatlonTM 2. Article tNumber(Transfer from servicelaben ❑Insured Mail i ; , { ❑Signature Confirmation 11 i l I i l O Insured Mall Rdstrioted Delivery l i Restricted Delivery PS Form 3811,J 7 016 3560 0000 6629 4151 I Domestic Return Receipt 1 -c JEMVx JAN 2 5 2018 0 BY:----------- �112 g TOWN OF SOUTHOLD J I ZONING BOARD OF APPEALS , V SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING Peter Negri and Elizabeth Kaye Negri (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel# 1000-119-1-6.1 9775 Nassau Point Road, Cutcho ug e COUNTY OF SUFFOLK STATE OF NEW YORK I, Robert E. Herrmann, Fesidinga4 c/o En-Consultants, 1319 North Sea Road, Southampton New York,being duly sworn, deposes and says that: On the 18th day of January , 2018, 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 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 February 1 2018 (Signa S) orn to before me this �cf J'�1 day of January, 2018. ANNE hate NS of Notary Public, State of New York No.01 IL5084744 (Notary Public) Qualified in Suffolk i Commission Expiresq($ lxoZ i; l *near the entrance or driveway entrance of my property, as the area most visible to passerby. it J EN-CONSULTANTS JAN 15 10,g Q January 22, 2018 Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Re: Peter Negri and Elizabeth Kaye Negri 9775 Nassau Point Road, Cutchogue SCTM: 1000-119-1-6.1 Dear Sirs: In connection with the above referenced matter, enclosed please find the original fully executed and notarized Affidavit of Posting. Should you have any questions, please do not hesitate to contact the office. Thank you. g ely, SiIllions 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 EN-CONSULTANTS January 16, 2018 Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Re: Peter Negri and Elizabeth Kaye Negri 9775 Nassau Point Road, Cutchogue SCTM# 1000-119-1-6.1 Dear Zoning Board: In connection with the above referenced matter, enclosed please the original fully executed and notarized Affidavit of Mailing with parcel numbers, names and addresses noted as well as original green/white receipts postmarked by the USPS. The Affidavit of Posting will be sent under separate cover. Should you have any questions, please do not hesitate to contact the office. Thank you. ;Sierely, Anne Illions Encls. 1319 North Sea Road Southampton,New York 11968 p 631.283.6360 f 631.283.6136 www.enconsultants.com environmental consulting EN-CONSULTANTS January 24, 2018 Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Re: Peter Negri and Elizabeth Kaye Negri 9775 Nassau Point Road, Southold SCTM: 1000-119-1-6.1 Hearing: 2/1/18 Dear Zoning Board: In connection with the above referenced matter, enclosed please find four(4) green cards that were returned-to us. One is still outstanding and when returned, we will forward it to you. Should you have any questions, please do not hesitate to contact the office. Thank you. Sincerely, iXex'llliojnWs Encs. ' 1319 North Sea Road Southampton,New York 11968 1 p 631.283.6360 1 f 631.283.6136 www enconsultants.com environmental consulting EN-CONSULTANTS February 1, 2018 Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Attn: Kim Fuentes Re: Peter Negri and Elizabeth Kaye Negri 9775 Nassau Point Road, Southold SCTM: 1000-119-1-6.1 Hearing: 2/1/18 Dear Kim: In connection with the above referenced matter, enclosed please find the last remaining green card that was just returned to us today. Should you have any questions, please do not hesitate to contact the office. Thank you. Ie rely, ula� Illions Encs. 1319 North Sea Road I Southampton,New York 11968 1 p 631.283.6360 1 f 631.283.6136 www.enconsultants.com environmental consulting ■ Complete items 1,2,and 3. Sign re ■ Print your name and address on the reverse Q Agent so that we can return the card to you. dressee s Attach this card to the back of the mailplece, B;R y 641W "e 'y), Date of Delivery or on the front if space permits. 1. Article Addressed to: --- -- t.D. I delivery address different from rte 1 O Yes — — -- --- _ -- I�i YES,ent�r�al, e�y address below Q No Evan Akselrad ,y Yasmine Anavi I16 Jay St.,Fl. 3 � � New York,NY 10013 I _ • II i IIiIII IIII III I I I I I II rill III I II i I II I III I I ill 3 Adult Signature 0 Service Type ❑Priority Man Expre:Registered Adult Signature Restricted Delry ❑Registered Mall F r: � meceipt forI 9590 9403 0349 5163 8775 61 ❑Certified Mail Restricted Dele +.rchandise❑Collect on Delivery 2. Article Number(transfer from service fab?j ❑Called on Delivery Restricted Delivery.❑Signature ConfirmationTM i I f l s i ! i i 1 i i f ❑Insuietl Mali i t i l y 1 1❑iSignature Confirmation ❑Inbred Mall Restricted Delivery' Restricted Delivery t,PS Form 3811 ' 7016 3560. -0000 6629 417 5 1 Domestic Return Receipt. 1 #0002162730 I �S 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 weeks(s),successfully commencing on 01/25/2018 Principal Clerk 0 Sworn to before me this day of 9HRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No 01V06105050 Qualified in Suffolk County My Commission expims February 28,2020 �t!!lid s.t-1 9d Hkv;!gidisf;-d nC "L(MAN DKNOS AWOF G ADM W ;f!': nnh- 'Pa' A; w WA:.0% xe-3 .0-14 l. t bv 4 ;c"4n:"j, `ail - i • TYPESET Wed Jan 17 12.17.00 EST 2018 construct additions and alterations to an LEGAL NOTICE existing single family dwelling at; 1) less SOUTHOLD TOWN ZONING BOARD than the code required minimum side yard OF APPEALS setback of 20 feet, located at: 7065 New THURSDAY,FEBRUARY 1,2018 Suffolk Road, New Suffolk, NY. PUBLIC HEARINGS SCTM#1000-117-5-30. NOTICE IS HEREBY GIVEN,pursuant to 11:30 A.M. - EROL BASKURT#7130— Section 267 of the"town Law and Town Code Request for Variances from Article XXIII, Chapter 280(Zoning),Town of Southold.the Section 280-124;and the Building Inspec- following public hearings will be held by the tor's October 23, 2017, Notice of Disap- SOUfHOLD TOWN ZONING BOARD OF proval based on an application for a APPEALS at the Town Hall, 53095 Main building permit to legalize"as built"addi- Road, P0. Box 1179, Southold, New York tions and alterations to an existing single 11971-0959,on THURSDAY,FEBRUARY family dwelling,at; 1) less than the code 1,2018. required minimum front yard setback of 10:00 A.M. - PETER NEGRI AND 35 feet;2)less than the code required mini- ELIZABETH KAYE NEGRI#7128—Re- mum side yard setback of 10 feet;located quest for a Variance from Article XXH, at: 3575 Mill Road, Peconic, NY. Section 280-116;and the Building Inspec- SCTM#1000-67-2-12. tor's October 10, 2017 Notice of Disap- 1:00 P.M. — RICHARD J. MCBRIDE proval based on an application for a #7126—Request for Variances from Article building permit to construct additions and II Section 280-9A(1)and the Building In- alterations to an existing single family spector's September 29,2017 Notice of Dis- dwelling at;1)less than the code required approval based on a permit to legalize lot 100 feet from the top of the bluff,located at: recognition, at; 1) at less than the code 9775 Nassau Point Road (Adj. to Little required minimum lot size of 20,000 sq.ft., Peconic Bay), Cutchogue, NY. 2)at less than the code required minimum SCTM#1000-119-1-6.1. lot width of 300 feet;located at:11750 Or- 10:15 A.M.-THEODORE AND ANNA M. egon Road,Cutchogue,NY.SCTM#1000- BOUTZALIS#7131—Request for a Vari- 83-3-5.2. ance from Article XXIII,Section 280-124; 1:15 P.M. -KEVIN FOOTE#7127—Re- and the Building Inspector's October 19, quest for Variances from Article In,Sec- 2017, Notice of Disapproval based on an tion 280-15; Article XXIII, Section application for a building permit to con- 280-124;and the Building Inspector's Oc- struct additions and alterations to an exist- tober 6,2017 Notice of Disapproval based ing single family dwelling,at; 1)less than on an application for a building permit for the code required minimum front yard set- additions and alterations to an existing sin- back of 40 feet;'located at: 670 Holden gle family dwelling,construction of an ac- Avenue, Cutchogue, NY. SCTM#1000 cessory garage,and construction of an ac- 110-5-20. cessory swimming pool; 1) additions and 10:30 A.M.-RENE MENDEZ AND LES- alterations to a single family dwelling lo- LIE HENSHAW #7132 — Request for cated less than the code required minimum Variances from Article III, Section 280- front yard setback of 35 feel,2)proposed 13C;Article XXII,Section 280-105C;and accessory garage located in other than the the Building Inspector's October 12,2017, code required rear yard,3)proposed acces- Notice of Disapproval based on an applica- sory swimming pool located in other than tion for a building permit to construct an the code required rear yard;located at:780 accessory building and to legalize an"as Champlin Place, Greenport, NY. built"six feet high deer fence in the front SCTM#1000-34.-3-36.1. yard, at; 1) the proposed accessory The Board of Appeals will hear all persons structure (private residential fitness or their representatives,desiring to be heard at building with basement)is not a permitted each hearing,and/or desiring to submit writ- use,2)fence more than the code required ten statements before the conclusion of each maximum four(4)feet in height when lo- hearing. Each hearing will not start earlier cated in the front yard; located,at: 3945 than designated above.Files are available for Soundview Avenue,(Adj. to the Long Is- review during regular business hours and land Sound) Peconic, NY. SCTM#1000 prior to the day of the hearing. If you have 68.-1-15.1. questions,please contact our office at,(631) 11:00 A.M.-CACIOPPOLIVING TRUST 765-1809, or by email KimF@ #7133—Request for Variances from Article southoldtownny.gov III, Section 280-15; and the Building In- Dated:January 18,2017 spector's October 24,2017,Notice of Dis- ZONING BOARD OF approval based on an application for a APPEALS building permit to demolish an existing sin- LESLIE K A N E S W E I S M A N, gle family dwelling and construct a new CHAIRPERSON single family dwelling and construct an in- BY Kim E.Fuentes ground swimming pool, at; 1) existing 54375 Main Road(Office Location) frame barn located in other than the code 53095 Main Road(Mailing/USPS) required rear yard;2)existing frame ga- PO Box 1179 rage located in other than the code re- Southold, NY quired rear yard;3)existing frame chicken 11971-0959 coop located in other than the code re- 2162730 quired rear yard; 4) proposed in-ground swimming pool located in other than the code required rear yard;located at:4805 Alvah's Lane, Cutchogue, NY. SCTM#1000 68.401-2-22.1. 11:15 A.M. - STEVEN WALSH #7129— Request for a Variance from Article XII, Section 280-53; and the Building Inspec- tor's October 26,2017,amended Novem- ber 21,2017 Notice of Disapproval based on an application for a building permit to _ypsgul" tip , �aNING 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, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http:Hsouthtown.northfork.net January 8, 2018 Re : Town Code Chapter 55 -Public Notices for Thursday, February 1, 2018 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 January 16th: 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 mailing address 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 January 22nd: 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 January 24th: 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 January 30, 2018. 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 1+Ir:rTIr:. E vF H E� RIrIk'M5 The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME : NEGRI , PETER # 7128 SCTM # mm 1000- 119 - 1 -6e1 VARIANCE : BLUFF SETBACK REQUEST: ADDITIONS ALTERATIONS DATE : THURS . , FEB . 19 2018 10 : 00 AM If you are interested in this project, you mayi 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 (631 ) 765-1809 Fuentes, Kim From: Robert Herrmann <rherrmann@enconsulta7AJ-_( > Sent: Tuesday, February 27, 2018 5:03 PM > Kim To: Fuentes, y Cc: Verity, Mike �?8 � Subject: RE: Negri Decision, Case No. 7128 Kim, I'm not sure I articulated my concern clearly enough, so I'm trying again and copying Mike. I understand that cooking and sleeping would be prohibited in a detached pool house, and it is not our intention to use the proposed attached pool cabana space for sleeping and cooking—which is why I indicated that we would be okay with conditional language that specifically prohibits the new dwelling space from being used for sleepinEa5Decl But the language as written states that the pool cabana cannot be used for habitation; i.e., living, sleeping, o my concern;is that since the addition is explicitly intended to be open/connected to the primary dwelling dwelling addition—and was presented as such to the ZBA—it is by its very nature habitable/living space, unlike a detached pool cabana. Therefore, the restrictive language as written seems to me to be inappropriate/inconsistent with the plans and application that was presented and approved by the ZBA. Thus, I would appreciate if Mike could review the language of the special condition relative to the plans and application materials to confirm whether my concern is warranted and if so I would ask the ZBA to modify the language of the condition to more specifically prohibit cooking and sleeping without making reference to habitable/ living space. Many thanks, Rob From: Fuentes, Kim [mai Ito:kimf southoldtownny.gov] Sent: Tuesday, February 27, 2018 11:34 AM To: 'Robert Herrmann' Subject: RE: Negri Decision, Case No. 7128 Hi Rob, In speaking with the Building Department personnel, I was informed that they also restrict such activities (cooking and sleeping) in a pool house/cabana. Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809, Ex. 5011 E-mail: kim-[@southoldtownny.gov From: Robert Herrmann [ma iIto:rherrmannCcbenconsultants.com] Sent: Monday, February 26, 2018 3:56 PM To: Fuentes, Kim Subject: Negri Decision, Case No. 7128 1 Kim,I'm writing regarding Special Condition #2 of the Negri variance decision, as I'm concerned that the language is ,inconsistent with the plans submitted with the application and thus may cause a problem and delays when the application eventually makes it to the Building Department. Specifically, the condition indicates that the "pool cabana shall not to[sic] be used for habitation; i.e., living, sleeping, cooking shall not be permitted," which sounds like a special condition typically assigned to a detached pool cabana. But the plans, application materials, and my hearing testimony should have made it clear that the proposed pool cabana is in fact an attached addition that will be open/connected to the primary dwelling. Therefore, while the proposed addition in place of the attached greenhouse will in fact function as a pool cabana, I believe the Building Department would consider it to be interior living/ habitable space, meaning that this conditional language would be inconsistent with the proposed plans presented to the Board. Therefore, we would like to know if the condition can perhaps be removed from the decision or at least be amended to remove the terms "habitation" and "living" and be more specific as to it not being allowed to be used as an additional bedroom or cooking area. Please let me know as soon as possible. Many thanks, Rob Robert E. Herrmann,MEM Coastal Management Specialist En-Consultants 1319 North Sea Road Southampton, NY 11968 Phone: 631-283-6360 Fax 631-283-6136 Email. rherrmann®enconsultants.com www.enconsultants.com 2 BOARD MEMBERS OF SU(/l Southold Town Hall Leslie Kanes Weisman,Chairperson �* yp 53095 Main Road - P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CA Town Annex/First Floor,Capital One Bank Gerard P.GoehringerO ,^�aa�� 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoIyCOU %Nov Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 -Fax(631) 765-9064 November 9, 2017 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 # 7128 Owner/Applicant : NEGRI, Peter Action Requested: Additions and alterations to an existing single family. 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 ( ) 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 Cha' erson �6J By. S � Encls. BOARD MEMBERS OF SO Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road• P.O. Box 1179 !O Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ® �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento IyCQU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809• Fax (631) 765-9064 November 9, 2017 Suffolk County Soil and Water Conservation District Attn: Corey Humphrey 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA # 7128 NEGRI, Peter 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 Chairperson By: Encls. BOARD MEMBERS OF soar Southold Town Hall Leslie Kanes Weisman,Chairperson �y�� y�! 53095 Main Road-P.O.Box 1179 O Southold,NY 11971-0959 Patricia Acampora [ Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer � ^��� 54375 Main Road(at Youngs Avenue) Nicholas Planamento CUMSouthold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD TO.(631)765-1809-Fax(631)765-9064 February 22, 2018 Robert Herrmann En-Consultants 1319 North Sea Road Southampton,NY 11968 Re: ZBA File# 7128 Negri, 9775 Nassau Point Road, Cutchogue SCTM No. 1000-119-1-6.1 , Dear Mr. Herrmann; Transmitted for your records is a copy of the Board's February 15, 2018 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 the attached determination to the Building Department. If you have any questions, please call the office. Sincerel , Kim E. Fuentes Board Assistant Encl. cc: Building Department BOARDMEMBERSMEMBERS 'r Southold Town Hall Vr Leslie Kanes Weisman,Chairperson ���f $Oyp 53095 Main Road •P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora [ Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ® ,^�aa�� 54375 Main Road(at Youngs Avenue) Nicholas Planamento lycou Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD (� Tel.(631) 765-1809•Fax (631)765-9064 E C p�E U E November 9, 2017 N O V 0 9 2017 Southold Town Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 7128 NEGRI, Peter �Jr Dear Mark: We have received an application for additions and alterations to an existing single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 I (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 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairper on By: r S BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson r3F $0UryO53095 Main Road•P.O.Box 1179 tiO l0 Southold,NY 11971-0959 Patricia Acampora #t Office Location: Eric Dantes A Town Annex/First Floor,Capital One Bank Gerard P.Goehringer G'�c► ,^�aa�� 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 March 20, 2018 Robert Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 Re: ZBA Application#71.28, Negri - Amended SCTM No. 1000-119-1-6.1 Dear Mr. Henn ann; Transmitted for your record is a copy of the Board's March 15, 2018 AMENDED Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. If you have any questions, please call the office. Sincere y, Kim E. Fuentes Board Assistant Encl. cc: Building Dept. 4 \ i , 9 LITTLE ,0 104e N PECONIC Cy 14.2 O s\ Y4, 3.7A(c) d) \ \ O d \ ' . 14.1 �4 BAY 10 i NOTICE COUNTY OF SUFFOLK Ce O ti. oun I.. ——w—— — —— rFc wTMN TMF FOLLONNG Osmcn 2 MArG�/nUr .�„�, EE`nER NAND uAINTENANCE.ALTERATION.SALEGR Real Property Tax Service Ager vW �,y Owu ur IME 19 MYGNNIf 0191RISOT40N OF ANY PORTION OF TME County Center t2Wertlee0.N Y 11901 yql� vKTER SUFFOLKCOONTYT uAPISPROMI&TED `� 100 GSGAIE.FEEL -- Ly,Ovnlr --�- AeWrs Glen Ur--A� MNK - &yY wTMOIR NftITTEN PERMISSION OF TME -- MOintw --E- ww GYYIe Ur--wv-- M01AAK2 TLIMTER REAL PROPERTY TAME CE AGENCY. I ) ,pry