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'► BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson 0f Syo 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes col, � Town Annex/First Floor, Robert Lehnert,Jr. COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento ����ou ,� Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS + I k A q,st 4M TOWN OF SOUTHOLD OCT 2 5 2018 Tel.(631)765-1809•Fax(631)765-9064 010A0. n,WA So hold Town Clerk FINDINGS,DELIBERATIONS AND DETERIVIINATION A" MEETING OF O i TOBER 18,2018 ZBA FILE: #7186 NAME OF APPLICANT: Mary Zupa/Paradise Point Association PROPERTY LOCATION: 580 Basin Road(Adj.to Southold Bay), Southold NY SCTM NO. 1000-81-1-16.7 & 1000-81-3-P/O 29 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 17, 2018 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated July 17, 2018. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. SOUTHOLD TOWN PLANNING BOARD: In a memorandum dated July 12, 2018 the Chairman of the Southold Town Planning Board offered the following positive commentary and supports granting of the variance on ZBA File#7186 Mary Zupa/Paradise Point Association's request to re-subdivide and separate the residential lot from the Paradise Point Association docks and road access. "There will be no increase in density potential or changes to community character, as this re-subdivision merely proposed to formalize the way the property is currently being used. The Paradise Point Association members access their docks over the Zupa property, and the driveway on the Zupa property ends where the new lot line is proposed" PROPERTY FACTS/DESCRIPTION: The subject (SCTM 1000-81-1-16.7), 75,533 square feet non-conforming peninsula-shaped waterfront parcel measures 51.65 feet running the width of Basin Road then 76.49 feet along a residentially developed lot turning north and running 151.77 feet along the same lot to Southold Bay and following a bulkhead west 197.36 feet with a slight angle northwest and continuing 115.50 feet to the tie line along the high watermark, then running 13 0.3 1 feet north along a jetty that is 21.63 feet wide at the northern tip, then running south 137.80 feet along the same jetty's western front and turns 1.32 feet east where the jetty meets land,then runs Page 2, October 18,2018 #7186,Zupa SCTM No. 1000-81-1-16.7 64.53 feet, 88.53 feet, 14.7 feet and 49.80 feet along bulkhead following an uneven canal then turning north 11.74 feet along the same bulkhead before joining tidal wetlands southeast 16.86 feet, 26.99 feet, 17.54 feet, 47.66 feet, 43.78 feet, 69.40 feet, 28.02 feet, 8.13 feetl.35 feet, 40.99 feet, 14.42 feet, and south 10.06 feet along the Basin before returning 27 feet to Basin Road, along a second residentially developed lot. The site is developed with a 2- story frame house with garage below, a brick front walk, wood decking on the north side of the residence and pool with brick patio and wood deck on west side of the home. A buried propane tank, generator, 4 air conditioning units and pool equipment are placed on either side of the residence that also has a wood dock with ramp and floating wood dock on the Basin, along with a second, larger wood dock, ramp and floating wood dock to the east, closer to Basin Road. Basin Road (SCTM 1000-81-3-P/0 29) consists of 20,512 square feet and is an irregular shaped, upland parcel which measures 51.65 feet running the width of Basin Road, shared with a residentially developed parcel (the subject) and runs southeast 101.9 feet in front of Lot 4 (as defined by Map of Section One "Paradise Point" Suffolk County File number 3761, all residentially developed), then continues 100 feet in front of Lot 3, then 101.81 feet in front of Lot 2, then 100.03 feet in front of Lot 1 before turning south 50.76 feet establishing the easternwidth of Basin Road before returning west 85.92 feet, 101.16 feet and 109.63 feet, and 120 feet in front of Lot 6 and Lot 5 as shown on the survey prepared by Howard W. Young, Licensed Land Surveyor and dated February 21,2018. BASIS OF APPLICATION: Request for a Variance under Article III, Section 280-14 and the Building Inspector's April 3, 2018, Amended April 16, 2018 Notice of Disapproval based on an application to permit a lot line modification; at: 1) proposed newly created lot having less than the code required minimum lot size of 80,000 sq. ft.; located, at: 580 Basin Road, (Adj.to Southold Bay) Southold,NY. SCTM#1000-81-1-16.7. RELIEF REQUESTED: The applicant requests a variance to transfer 5,283 square feet from the subject non- conforming lot(SCTM 1000-81-1-16.7)to Basin Road (SCTM 1000-81-3-P/O 29), also a non-conforming lot. ADDITIONAL INFORMATION: The applicant and their agent indicated that the purpose of this transfer is to satisfy a condition placed on the subject (SCTM 1000-81-1-16.7) lot's prior variance, ZBA Decision#5266 issued August 2, 2004 which allowed the applicant to residentially develop the site where two principal uses exist: a residence and a marina, on the condition that the marina use be removed from the residential property or additional variance relief be sought for the two principal uses. The transfer of this land from the subject property to Basin Road will remove the large dock structure and place it correctly on lands owned by Paradise Point Association, Inc. The multi-slip dock structure services the Paradise Point, private, neighborhood. During the public hearing, the applicant asked the Board to support his application in order to remove the marina use from his property and comply with the condition previously imposed in ZBA Decision 45266 . FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 4, 2018 (adjourned from August 2, 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. The Paradise Point neighborhood consists of larger lots all with homes in a wooded, waterfront setting. The private access roads are narrower than the surveyed privately- owned lots associated with them. Both the subject property and Basin Road exist and there would be no material change in the condition of the lands affected. By the transfer of 5,283 square feet of area, from the subject residence to Basin Road, adjacent lot SCTM 1000-81-1-17 will no longer require an easement to access the road Page 3,October 18,2018 #7186,Zupa SCTM No. 1000-81-1-16.7 and the association's dock structure will be correctly placed on lands owned by Paradise Point Association, Inc allowing all members enjoyment without passing over the subject property. No noticeable difference in the road structure, character of the neighborhood or residences will be visible to those using the road or on the water. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Because the subject parcel is a peninsula in shape, surrounded by water there is no other alternative to access the property. Additionally, given the road access necessary for the homeowner to enter their property and for the other Paradise Point Association, Inc. members to access their community dock, there is no other feasible solution than an area variance to remedy access. The proposed lot line change effectively separates the Association Marina from the residential parcel of the applicant. 3. Town Law X267-b(3)(b)(3). The variance granted herein is not mathematically substantial, representing 6.6% relief from the code. However, residents of Paradise Point Association, Inc. already use the roadway and travel over the subject property to access the association dock. Furthermore, an immediate neighbor to the subject property, SCTM 1000-81-1-17, will no longer need an easement to access their home. The roadway and the visual character of the streetscape will remain the same as will the access for the subject property. Lastly, this resolution will satisfy a condition required in ZBA file #5266 and the transfer of land, 5,283 square feet in area, represents a small fraction of the land area contained in the subject property and Basin Road. 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 and there is no material change in the condition of the parcels involved in the proposed lot line change. 5. Town Law &267-b(3)(b)(Q. The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a single-family residence in compliance with a ZBA condition while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Planamento, seconded by Member Weisman (Chairperson), and duly carried,to GRANT the variance as applied for, and as shown on the survey entitle"Survey for Paradise Point Association, Inc."prepared by Howard W.Young, Licensed Land Surveyor, and last revised September 11, 2018. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Page 4, October 18,2018 #7186,Zupa SCTM No. 1000-81-1-16.7 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. 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),Dantes, Acampora,Planamento and Lehnert. This Resolution was duly adopted(5-0). Leslie Kanes Weisman Chairperson Approved for filing �� / /2018 (1)UMn UTHDP'7FC't'—'LR OR ADOITON TO THIS SURVEY IS A VIOLATION OF SECTION 72D9 OF THE NEW YORK STATE EDUCATION DISTANCES SHOWN HEREON FROM PPOPERTY LINES TO EXISTING STRUCTURES ARE FOR t 'ECIFIC PURPOSE AHD ARE NOT TC BE USED TO ESTABLISH PROPERTY LINES OR FOR ERECTION SOF FENCES.(J)COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL DR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY.(4)CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY 15 PREPARED AND ON HIS BEHALF TO THE TITLE COME )VERNMENTAL AGENCf AND LENC!NG INSTITUnON LISTED HEREON,AND TO THE ASSIC THE LEND!NG INSTITUTION.CERTFICATONS APE NCT TPANSF--ABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. (5)THE LOCATION OF WELLS(W),SEPTIC TANKS(ST)h CESSPOOLS(CP)SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTA!NED FROM OTHERS- 1 58 N 400 Ostrander Avenue, Riverhead, New York IIa01 c1°23'OS'IE tel. 631.-T212305 fax. 631.721.0144 admin@youngengineering.com SOUTHOLD BAY I lr W—*E Howard W. Young, Land Surveyor z Thomas G. Wolpert, Professional Engineer —I ter, n > sl Douglas E. Adams, Professional Engineer z p A s O fi Robert G. Tost, Architect o7CTf �,�.,�, BASIN q Robert Stromskl, Architect ci, 9 W < _ E X00 FoQ CERTAIN AREAS SOUTHOL.D BAY S v 2° VICTOR J. ZUPA 8 MARY ZUPA = '15_533 50. FT. AREA OF TRANSFER = 5,240 50. FT. 70,2Q3 50. FT. tat PARADISE POINT (BASIN ROAD) = 20,512 50. FT. AREA OF TRANSFER = 5,240 50. FT. = 25,752 50. FT. KEY MAP NOTES • S'72- pjF SCALE: I"=&00' " SUBDIVISION - MAP OF SECTION ONE, "PARADISE POINT" FILED IN Ne y/C.14 THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON APR. 11, 11163 AS 586°42'04"W / SD (� FILE NO. 3'161. 1'32' m T�••� THIS SURVEY PREPARED UTILIZING CONVENTIONAL FIELD SURVEY o H TEGHNIOUES, RECORD 5URVEY5 AND RECORD SUBDIVISION MAP. T cis�. � - I EVLKH[AG �`��, `� l �'� n C• LEGEND 4j0UKq4f q I I RO = ROOF OVER O %• �-- GRT = GONG. RETAINING WALL Z I In O = WELL , I (� I PIPE DI DRAINAGE INLET UTILITY POLE 1 I 'MST i M Z 1 Y ® FINAL 1111 = MONUMENT FOUND ° I I 4-1 ® = STAKE FOUND REVIEWED BY STAKE SET A j 1) 4a SEE DECISION # — 1 -- UILDING CORNER E06E OF WOODS I WOOD STEPS EARTH PAVEMENT POOL METAL FENCE ' �~ R EP DATED I- /-8 / r�1 L= ^c ! EQUIP. 1 i WOOD DECK UNDERGROUND I L V I BRICK I I I o PROPANE �^ i 0 - GP = OND. PAVEMENT LI��JJ POOL PATIO ❑ I �Z TANK CAP O > m 5P TONE PAVEMENT + i --_ -- 4-1 --- -- - n i gz ❑ GEN u1 O L Q L L ; 6 WV = WATER VALVE - ---------------- I o z O (�/ N > + = Z 0 _ 0 , WM = WATER METER r IILQ- ❑ I 7-m ❑a o V ' iL 1' Q {----------- i El➢ d L 7U I O AG = A5PH. CURB L__ 2 STORY FRAME HOUSE O Q 0 ID I N > 1L I N 1' N r _ EB = ELEG. BOX i �� W/ 67ARA6E UNDER p ND � = SIGN x �� ® Q I J �► 6 z° I O N m EOP = EDGE OF PAVEMENT i �� L 4 V ' Ii 0 I 6 z I p I EOP = EDGE OF PAVEMENT I m - - N }SX, 0 �C O a - — - 3/4 _ �ll _ ----------------- .8'- (Sl I I � s � _N I HYDRANT ---------------- I 0 s X60 ❑ 0 0 -- - ; sl�l ® - STEEL REBAR WITH GAP ' 6� ` BRICK IL EB REBAR WITH i j �t I I 21 WALK S SPIGOT C xP SET I O I O I OO10 C " a SURI/EYOR'S CERTIFICATION 74 2`�20 PIP i / 0 -It I 'V6/4 70, \ \ ROADWAY x.67 0� S74°�4 f I I O V v I O omlgo" 4;2/,, X00 Tt� •.\ SEL6IAN �G �O" ; In 0O O +' I WE HEREBY CERTIFY TO PARAD 1 S E POINT BLOCK 6.G� , [� In .a._ I V Re uted Owner: _w c1 I 4 21 j ; 0 O 1 L ASSOCIATION, INC. THAT THIS SURVEY WAS PREPARED IN M6 4`78 ry�� $�' p n T152, I O 0 lf? 04- 0 ACCORDANCE WITH THE CODE OF PRACTICE FOR LAND SURVEYS VICTOR J. ZUPA MARY ZUPA m Q I I 4- I ADOPTED BY THE NEW YORK STATE ASSOCIATION OF CIL co,ry EXISTING $7 ° I O i PROFESSIONAL LAND SURVEYORS. 3 ti LOT LINE,) 4 o o• //` \'9 411 ,V) \ \ AR WITH „�• �7 o �\ 41 ROADWAY CAP SET' o (@ Q'o \ •"_�' i \\ 5EL5IAN BLO�r- Q w� PLANTER---. ��.-� \/� �Ew \G \ Rib _ / cPO i' �!1°0V b� \ 585°44'40"E 10p I 3°26'50"� IOI.SI 16'10"5 100.03' I Q �y-- DK I - RAILROAD TIE (� -'�--•—.. —.. -- r O J� m / - STEP(TY-P) ,n - z ° GPS wooD MODIFIED 'INC puted Owner: 0 '4RADISE POINT ASSOCIATION INC. _ _ HO -� •�� �' RAILING LOT LINE ROgbhgY � WARD W. YOUNG, N. L.S. N 45883 - i�� GAP SET �� 7 °4° N8�o4O�3" z ��Z 00 0 N74°�4 BAS 1 I�l RO D �0 'm Q 0 W s Q ry in 'y SA51N ROAD AS SHOWN ON �0om SUR\/EY FOR �N °m /,�O 00 MAP OF SECTION ONE, S.Spo PARADISE POINT" � \ X61°33 /•S$W l$'Op„ to o ,I 101.16 N84°IE:IIO"W f N7p° Hr � N85 44 40 W o 15 W 85 92 FARAD I S� i�0 I NT lOq.63' 583 260 A550G(STI ON, INC. N NAt Bayview, Town of Southold 7$°�4 g Q I Suffolk County, New York y ' ob aro K ° LOT LINE MODIFICATION I 1000 51 01 16.7 Lot 5 County Tax Map District 1000 Section 81 Block 03 Lot P/O 211 Map of Section One, "Paradise Point" I MAP PREPARED FEB. 21, 2015 Suffolk County File No. 3761 Lot 6 Record of Revisions Map of Section One, "Paradise Point" REVISION DATE Suffolk County File No. 3761 LIQ -IFIED LOT LINE JUNE 28 2018 ? REBAR WITH GAP SET SEPT. II, 20.115 o BA51 N 30 O 15 30 60 CIO m / Scale: 1" = 30' J05 NO.DWG 200410051-2017_0127_Ilm I OF I OFFICE LOCATION: �O��OF So 01 MAILING ADDRESS: Town Hall Annex O P.O. Box 1179 =� 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) c/� `-c � �,( NY 11971 p@ Telephone: 631 765-1938 v"W lowouthold OlyCO �,��\� Fax: 631765-3136 UI�11`5 `�.V LOCAL WATERFRONT REVITALIZATION PROGRAM -7 (S(oo TOWN OF SOUTHOLD RECEIVED MEMORANDUM JUL 1 19 2018 To: Leslie Weisman, Chair ZONING BOARD OF APOEALS Members of the Zoning Board of Appeals From: Mark Terry, Assistant Town Planning Director LWRP Coordinator Date July 17, 2018 Re:' LWRP Coastal Consistency Review for ZBA File Ref MARY ZUPA/PARADISE POINT ASSOCIATION#7186 SCTM# 1000-81-1-16.7. MARY ZUPA/PARADISE POINT ASSOCIATION#7186—Request for a Variance under Article III, Section 280-14 and the Building Inspector's April 3, 2018, Amended April 16, 2018 Notice of Disapproval based on an application to permit a lot line modification; at: 1)proposed newly created lot having less than the code required minimum lot size of 80,000 sq. ft.; located, at: 580 Basin Road, (Adj. to Southold Bay) Southold ,NY. SCTM#1000-81-1-16.7. 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,the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item"HH"which states: HFI. Lot line changes,provided that the lot line change will not permit new development that may have undue adverse impacts on wetlands, tidal waters or natural protective features; 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 Y OAS+D 5 -a-" OFFICE LOCATION: - PAMLING ADDRESS: Town Hall Annex QF S0 P.O. Box 1179 1� � �,� 54375 State Route 25 �Q� ��® Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631765-1938 www.southoldtownny.gov �g 7)i�ll� flya� coUNTY,N RECEIVED JUL 12 2015 PLANNING BOARD OFFICE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals l s ' From: Donald J. Wilcenski, Chairman Members of the Planning Boardgvl�k Date: July 12, 2018 Re: Request for Comments for Mary Zupa & Paradise Point Association SCTM#1000-81.-1-16.7 ZBA #7186 The Planning Board received your request for comments regarding the above- referenced action to create a nonconforming lot in the R-80 Zoning District and supports granting this variance. The applicationproposes to transfer 5,283 sq. ft. from SCTM#1000-81.-1-16.7, the residential lot belonging to Mary and Victor Zupa, to SCTM#1000-81.-3-29, the private access known as Basin Road, and owned by the Paradise Point Association. The purpose of this resubdivision is to separate the residential lot from the Paradise Point Association's docks and access to those docks. The subject parcels were created as a result of a subdivision known as the Paradise Point Subdivision approved on April 4, 1963. Through this resubdivision, the Zupa's parcel, lot 6.7, will decrease from 75, 533 sq. ft. to 70,250 sq. ft., making the parcel more nonconforming in the zone. This is 12% less than the minimum 80,000 sq. ft. required in the R-80 Zoning District. The association's parcel, lot 29, will increase from 20,512 sq. ft. to 25,795 sq. ft. and will remain as a private road. There will be no increase in density potential or changes to community character, as this resubdivision merely proposes to formalize the way the property is currently being used. The Paradise Point Association members access their docks over the Zupa Southold Town Planning w,&rd Page 2 ` July 12, 2018 property, and the driveway on the Zupa property ends where the new lot line is proposed. For the reasons elaborated above, the Planning Board supports the issuance of an area variance to accomplish this resubdivision. Thank you for this opportunity to provide comments. If you should have any questions or require additional information, please do not hesitate to contact the Planning Office. M-(5 guy tu PLC "c: OUNTY OF SUFFOLK It�w MAY 2 2 2018 Steven Bellone �(Z SUFFOLK COUNTY EXECUTIVE ZONING BOARD OF APPEALS ` Department of Economic Development and Planning Theresa Ward Division of Planning Deputy County Executive and Commissioner and Environment May 17, 2018 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 Sigurdsson Baldur,LLC #7184 Zupa, Mary #7186 Richert, Kenneth #7188 Friedman,Alex #7189 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 0 (631)853-5191 @•2i c.G- Q FORM NO. 3 TOWN OF SOUTHOLD RE-CEIVED r BUILDING DEPARTMENT SOUTHOLD, N.Y. APR 2 0 2018 NOTICE OF DISAPPROVAL ZONING BOARD OFARP EhLS DATE: April 3, 2018 AMENDED: April 16, 2018 TO: Suffolk Environmental(Zupa) PO Box 2003 Bridgehampton, NY 11932 { Please take notice that your application dated March 26, 2018 For a permit for a lot line change at Location of property 580 Basin Road, Southold, NY County Tax Map No. 1000— Section 81 Block 1 Lot 16.7 Is returned herewith and disapproved on the following grounds:: The proposed lot line change is not permitted pursuant to Article III Section 280-14, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." The minimum lot size required in the Residential R-80 District, according to the bulk schedule, is 80,000 square feet. As a result of the proposed`lot line change, this non-conforming 75,533 square foot lot will, becoming more non- conforming, measuring 70,250 in total size. Furthermore, the proposed lot line change will require approval from the Southold Town Planning Board. This Notice of Disapproval was amended on April 16, 2018 to correct errors. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department Ligna utho t - APPLICATIO�._ -'O THE SOUTHOLD TOWN BOA 6 OF APPEALS s For Office Use Only Fee: $ Filed By: Date Assigned/Assignment No. Office Notes: '7 House No.580 Street Basin Road Hamlet Southold APR 2 0 2018 SCTM 1000 Section 81 Block 1 Lot(s)16.7 Lot Size 22,775 s.f. Zone R-40 ZONING BOARD OF APPEALS SCTM 1000 Section 81 Block 3 Lot /u o.29(Basin Road) I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: April 3,2018 BASED ON MAP DATED February 21,2018. Applicant/Owner(s):Mary Zupa and the Paradise Point Association MailingAddress: Mary Zupa(a,580 Basin Road,Southold,NY 11971 Paradise Point Association c/o Doug Ciampa,4380 Paradise Point Road,Southold,NY 11971 Telephone:(Zupa)631-765-6112 Fax#: N/A Email: vzupaQ)optonline.net Telephone: (Ciampa)718-755-8872 Fax#: N/A Email: douglas&ciampaorganization.com NOTE: In addition to the above,please complete below if application is signed by applicant'attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents. Name of Representative:Bruce A.Anderson—Suffolk Environmental Consulting,Inc.for Owners Agent's Address:P.O.Box 2003,Bridgehampton,New York.11932 Telephone:631-537-5160 Fax#:631-537-5291 Email:bruce(a),suffolkenvironmental.com Please check box to speck who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or [X] Authorized Representative,or ❑ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 2-21-18 and DENIED AN APPLICATION DATED 3/26/18 FOR: [ ]Building Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change of Use ❑Permit for As-Built Construction [X]Other: Lot line modification Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article III Section 280-15,Subsection F and 280-15,Subsection B Type of Appeal. An Appeal is made for: [X]A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal[X]has,[ ]has not been made at any time with respect to this property,UNDER Appeal No.4314 Year 1995 and 5266 Year 2004. (Please be sure to research before completing this question or call our ofce for assistance.) Name of Owner:James Miller and Mary Zupa(2X),respectively[ZBA File#4314,5266,6010 a&63941 REASONS FOR APPAL (additional sheets may be used with prenarer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: There would be no material change in the condition of the lands affected (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: The proposed lot line change effectively separates the Association Marina from the residential parcel of Zupa. (3) The amount of relief requested is not substantial because: The transfer of land[5,283 s.f.] represents a smallfraction of the land area contained in the residential(Zapa)lot and Basin Road (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: There is no material change in the condition of the parcels (5) Has the alleged difficulty been self-created? (X)Yes,or( )No. Are there Covenants and Restrictions concerning this land: [X] No. ❑ Yes (please furnish copy). This is the AIINDU M that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this box( )IFA USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET. (Please be sure to consult your attorney.) Signature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) rr nn Sworn to ke4o me this 0 P&CEYVED day of ,20 1�. APR 2Oi8 Noublic Matthew D [vans ZONING BOARD OF APP�AI�� Notary Public of New York Ngo 011V6053859 Qualified in Suffolk County Commission Expues January 22, 201 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant:Mary Zupa and Paradise Point Association Date Prepared: April 16,2018 I.For Demolition of Existing Building Areas RECEIVED < N/A. '7/g& II. New Construction Areas(New Dwelling or New Additions/Extensions):N/A APR 2 Q 2W Dimensions of first floor extension: ZONING BOARb OF APPEALS Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: III. Proposed Construction Description(Alterations or Structural Changes) (attach extra sheet if necessary)—Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A Number of Floors and Changes WITH Alterations N/A IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Zupa=75,533 s.f.Paradise Point Association= 20,512 s.f. (for Basin Road) Proposed increase of building coverage: N/A. Square footage of your lot: Zupa—5,283 s.f.(to 70,250 s.f.) Paradise Point Association[Basin Roadl + 5283 s.f. (to 25,795 s.f. s.f.) Percentage of coverage of your lot by building areas N/A V.Purpose of New Construction:N/A 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):Flat to sloping Please submit seven(7)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. 7/2002; 2/2005; 1/2007 APR 2010 QUESTIONNAIRE ZONING BOARD OF APMALS FOR FILING WITH YOUR Z.B.A.APPLICATION 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? [x]No [ ]Yes,please explain_ C. 1)Are there areas that contain sand or wetland grasses?Yes 2)Are these areas shown on the map submitted with this application?Xes 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:Action not regulated by Trustees. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level?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 these structures on a diagram if any exist. Or state"none"on the above line,if applicable.) 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 map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? N/A If yes,please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel: Zuua—Residential;Paradise Point Association—Basin Road (examples: existing: single-family;proposed: same with garage or pool,or other description.) Authorized Signature and Date 2/05; 1/07 Town of Southold Annex 11/9/2011 54375 Main Road RECEIVED Southold,New York 11971 SPR 2 0 20 ,' BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: 35280 Date: 11/9/2011 THIS CERTIFIES that the building SINGLE FAMILY DWELLING Location of.Property: 580 BASIN RD SOUTHOLD,N.Y. 11971, SCTM#: 473889 Sec/Block/Lot: 81.-146.7 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 9/27/2010 pursuant to which Building Permit No. 35926 dated 10/7/2010 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 rear wrap around deck, two car garage under and unfinished basement as applied for per ZBA 46394. dated 7/13/10. The certificate is issued to Zupa,Mary (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-09-0003 6/10/11 ELECTRICAL CERTIFICATE NO. 35926 9/2/11 PLUMBERS CERTIFICATION DATED 8/4/11 Phil Ga ble Plumbing&Heating Autho d S'gnat e Town of Southold Annex 11/10/2011 54375 Main Road Southold,New York 11971 "E"Y D 0 D APR S F CERTIFICATE OF OCCUPANCY No: 35281 Date: 11/9/2011 THIS CERTIFIES that the building IN GROUND POOL Location of Property: 580 BASIN RD SOUTHOLD,N.Y. 11971, SCTM#: 473889 Sec/Block/Lot: 81.-1-16.7 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 9/27/2010 pursuant to which Building Permit No. 35926 dated 10/7/2010 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: in ground swimrning pool with raised terrace as applied for per ZBA#6394, dated 7/13/10. The certificate is issued to Zupa,Mary - - - (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 35926 9/2/11 PLUMBERS CERTIFICATION DATED Aut o ed patidre RECEWED AGRICULTURAL DATA STATEMENT APR 2 0 2018 7J s4 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This 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 an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant:4sy2.wu,-v3�� 1n3r &-.SSOCi�+�7�� 2. Address of Applicant 'MAQ 3 P/0 tS GAJ `4PNO 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed 1-14-rcWV .72A7VSP4--A AJC 6. Location of Property: (road and Tax map number) ry ZuPIA 6i0o0—�3f— 7. Is the parcel within 500 feet of a farm operation? { } Yes XNo 8. Is this parcel actively farmed? { } Yes N'No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) - A. / /-7 � Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. I I 1. Short Environmental Assessment Form RECEIVED 7/9,o Part 1 -Project Information APR 2 0 2018 Instructions for Completing ZONING BOARD OF APPEALS Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Mary Zupa and Paradise Point Association Project Location(describe,and attach a location map): 580 Basin Road,Southold Brief Description of Proposed Action: Applicants propose a lot line modification effectively transferring 5,283 s.f.from the residential lot of Zupa to Basin Road Name of Applicant or Sponsor: Telephone: 631-537-5160 Mary S.Zupa and Paradise Point Association by Bruce Anderson-Suffolk Env.Cons, E-Mail: bruce@suffolkenvironmental.com Address: P.O.Box 2003 City/PO: State: Zip Code: Bridgehampton NY 11963 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: ❑ ❑ NYSDEC Tidal Wetland Permit+Southold Planning Board(subdivision)+Suffolk County Department of Health Services (subdivision) 3.a.Total acreage of the site of the proposed action? 2.2 acres b.Total acreage to be physically disturbed? 0.0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 2.2 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial []Commercial ❑✓Residential(suburban) ❑Forest ❑Agriculture []Aquatic El Other(specify): ❑Parkland Page 1 of 3 RECEIV 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? �PR 2018 NO ❑ Fv-� ❑ b.Consistent with the adopted comprehensive plan? ZONING BOARD OF APPEALS ❑ ❑✓ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ 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:Paradise Point Basin connects to Peconic Bay a CEA ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? n ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 0 ❑ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ❑ ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: Fv] ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: Fv], ❑ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? Z ❑ b.Is the proposed action located in an archeological sensitive area? FV] F-1- 13. 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? ❑ R b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ©Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? rV-1 F-1- 16. 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, � ❑ a.Will storm water discharges flow to adjacent properties? ❑NO []YES b.Will storm water discharges be directed to established conveyance systemsrunoff and storm drains)? If Yes,briefly describe: L]NO ❑YES Page 2 of 3 18.Does the proposed action include construction or other activities that result in the irngmgoof NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? ��ll '7126 If Yes,explain purpose and size: ❑ ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/s onsor ame]• ULA.- 'L. Date: 70' Signature- Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or , affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RECEIVED �� No,or Moderate small to large APR 2018 impact impact may may occur occur 10. Will the proposed action result in an increase in the potential sion, ooding 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 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Board of Zoning Appeals Application R�C�1oI � AU THORIZA'I ON APR 0 x.019 (Where the Applicant is not the Owner Z()NjHG SOAR®0f APPEALS I,Mary S.Zupa residing at 580 Basin Road,Southold,New York,NY 11971-do hereby authorize Suffolk Environmental Consulting,Inc. to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. ffiaryy. Zjpa i ED RECEIV ow APR 2 0 2018 ZONING BOARD OF APPEALS Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner I,Douglas Ciampa,President of Paradise Point Association at 4380 Paradise Point Road, Southold,New York,NY 11971 do hereby authorize Suffolk Environmental Consulting, Inc.to apply for variance(s)on behalf of the Paradise Point Association from the Southold Zoning Board of Appeals. Douglas Ciampa RECEWED 7/ q APR 2 0 2818 APPLICANT REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ZONING 130ARD OF APPEAL, The Town of Southold' Codeof Ethics prohibits conflicts of interest on the Dart 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 11 neceswry to avoid same. YOUR NAME: Mary S.Zupa (Last name,first name,middle initial,unless you arc applying in the name of someone else or other entity,such as a company:If so,indicate the other person's or company's name.) NAME OF APPLICATION:(Check all that apply.) Tax grievance Building - Variance K Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (if"Othee,name the activity.) Do you personally(or through your company,spouse,siblit'g,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%ofthe-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 yoiuself(the applicant/agent/repmsentative)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 than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B}the Iegal or beneficial owner of any interest in a non-corporate entity(when the applecant is,not a corporation C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submiited this J �a of i Signature / Print Name Morro 5..u Form TS I RF-CEYVED APPLICANT REPRESENTATIVE APR 2 0 2018 TRANSACTIONAL DISCLOSURE FORAM 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 numose of this form is to provide information which can alert the town of possible conflicts of interest and allow it t4 take whatever actign is necessary to avoid same YOUR NAME: Dou las Ciamna,President Paradise Point Association (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.) NAME OF APPLICATION:(Check all that apply.) Tax grievance Building Variance_ X Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption fmm plat or official map Planning Other (If"Other",name the activity.) 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°/a 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 than 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-coMorate 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 tlii5 f' I L 201 r' Signatium Print Name Doudm Ciam a Form TS 1 RE11111D 1196 APR 2 0 2098 APPLICANT/AGENU/REPRESENTATIVE 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: Bruce A.Anderson (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.) NAME OF APPLICATION:(Check all that apply.) Tax grievance Building Variance X Trustee Change of—Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or 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 applicanttagent/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 than 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 176' day of April.2018 Signature<3—A .A.�,� Print Name Bruce A.Anderson Form TS 1 Town of Southold '71,96 APR 2 LWRP CONSISTENCY ASSESSMENT FORM 1 ZONING Bp6�6t®®Ft1PP 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). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus,the action should be analyzed in more detail and,if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 81 - 1 &3 _- 16.7 and u/o 29 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ® Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance(e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: Nature and extent of action: Applicant proposes a lot line modification transferring 5,250 s. f. of residential property [Zupa] to Basin Road [Paradise Point Association] Attach additional sheets if necessary � i RECEIVED -71 Kw Location of action: 580 Basin Road,Southold,New York APR 2 0 2018 Site acreage: 2.2 acre f ZONING SOAR®OF APPEALS Present land use: residential [Zupa} and road bed 1 Basin Road] Present zoning classification: R-80 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: Mary Zupa and Paradise Point Association c/o Doug Ciampa (b) Mailing address: Zupa-580 Basin Rd.,Southold,NY 11971 Ciampa—4380 Paradise Point Road,Southold,NY 11971 (c) Telephone number: Zupa(631)765-6112; Ciamna(718)755-8872 (d) Application number, if any: N/A 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?NYSDEC 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 As indicated within Policy 1, "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of Southold.", this proposal is for a lot line modification that will have no material effect on the land. Thereforte, the proposal complies with this polio 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 Policy 2 is not applicable in that subiect lot and the surrounding neighborhood cannot be deemed a substantial historic and/or archaeological resources. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 5 through 7 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Subiect proposal will not adversely impact the visual quality of the surrounding area because there is no material change to the condition of the lot. The remaining sub policies are not applicable. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life,structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria '-7156 ❑ Yes ❑ No ® Not Applicable RECEM Subiect proposal is not applicable to policy 4 APR 20 90IR Attach additional sheets if necessary ZONING BOARv 8FAP Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Subject proposal is not applicable to Policy 5 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 Subject proposal is not applicable to Policy 6 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 Subiect proposal is not applicable to Policy 7. Attach additional sheets if necessary Policy 8.Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Subiect proposal is not applicable to Policy 8. Attach additional sheets if necessary 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 71O ❑ Yes ❑ No ® Not Applicable RECEWED Subject proposal is not applicable to Policy 9 ,APR 2 o 2018 Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III—Policies;Pages 47 through 56 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Subject proposal is not applicable to Policy 10 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 Subject proposal is not applicable to Policy 11 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 Subject proposal is not applicable in that the proposal does not involve agricultural lands (i.e. the conversion of farmland the establishment and/or maintenance of new coastal agricultural production. etc ) Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section 111—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Subject proposal is not applicable in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sources,proper maintenance of fuel storage facilities and/or the extraction of mineral extraction. Attach additional sheets if necessary .115 , ( RKENED APR 9 0 2018 ZONING BOARD OF APPEALS Created on 5125105 11:20 AM PARADISE POINT ASSOCIATION, INC. Property Situate: Basin Road ■ Bayview ■Town of Southold ■ New York SCTM #: 1000—081—01—016.007&1000—081—03—P/O 029 (Photo taken on April 9, 2018) IUM 4 k _ ON1 , i:. Photograph indicating the location of the proposed relocation of the shared property boundary of the ZUPA Property and the PARADISE POINT ASSOCIATION, INC. property. Photograph taken within the southeasterly section of the ZUPA property, facing west. -7 11& RECEIVEL `APR 2 0 201 ZONING BOARD OF ANNEALS .�•' 4 r t�► �I� •1'yit i' a (i Q;Sii1 —le• i(tt •1.v�+� / M, Wi lip x,71 .! . . • wr Zc f ` r yp4£ Proposed Lot Line � n- � +> 'hotograph indicatinb the location of the proposed relocation of the shared property oundary of the ZUPA Property and the PARADISE POINT ASSOCIATION, INC. property. Photograph taken within the southeasterly section of the ZUPA property acing south. PARADISE POINT ASSOCIATION, INC. Property Situate: Basin Road ■ Bayview ■ Town of Southold ■ New York SCTM #: 1000—081—01—016.007&1000—081—03—P/O 029 (Photo taken on April 9, 2018) E dT, IN u r b - , yq Photograph indicating the location of the proposed relocation of the shared property boundary of the ZUPA Property and the PARADISE POINT ASSOCIATION, INC. property. Photograph taken within the southeasterly section of the ZUPA property, facing south. RECEIVE! *-7 /96 APR 2 0 2018 ZONING BOARD OF APPEALS PARADISE POINT ASSOCIATION, INC. Property Situate: Basin Road ■ Bayview • Town of Southold ■ New York SCTM #: 1000—081—01—016.007&1000—081—03—P/O 029 (Photo taken on April 9, 2018) y p 4 1 w , _ . roposed � t Lot Line Photograph indicating the location of the proposed relocation of the shared property boundary of the ZUPA Property and the PARADISE POINT ASSOCIATION, INC. property. Photograph taken within the southeasterly section of the ZUPA property, facing north. nECETV�I� APR 2 o 2018 ZONING BOARD OF APPEAL:> .AERIAL SITE PLAN •° �' ,� �� � (Acrirtl-Date: Octover 1, 2017) %4-4 � c O m I y o0 •� o � o 0 0 O � (U r-L4o Z o O I W U 3N P400 z z � opt z Lj C) � z a n A o • •' •� E "C . .ISE O � x z o 0 z r , F+� N ZUPA Property V �"� h•�I [� Existing Lot Line z o � M Proposed O O Lot Line �I 0 �►1 O � O o 0 ell a O L CL r O 1 L Cv .. .T' CL < Enz L A U) j r t 3 z I'►,►�I{ .r � ee � SGTM l��f -- g•I _ � - � �,� TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET S VILLAGE DIST. SUB. LOT Mary S . s l'r) �62 J S D(A4 o)d Sdj'5e- &'n+ ACR. IOU U REMARKS � 0 TYPE OF BLD. d S2 ) �' C "7DD b 0,0 PROP. CLASS I b 31fw AND IMP. TOTAL DATE - 3300 3360 "3 /1 )04 FRONTAGE ON WATER �j��'" @�Z— (�}�-� Z� HOUSE/LOT 0-Y, bac.- 645in 7,')- 9 UT's -rn r A I ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ • ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ CB OTHER Dinette ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ •9 -r ' / t _.__ . Ri •• SLAB Interior Finishr1 0 OF 5OUTFf P - ;,,"��W ER``'Y' '' ;4'Y'�n STREET VILLAGE DIST. SUB. LOT �a• - tri• � .ra ` � f 1f e.•,I., � �i ••1,`�f FRME OWNER N E11--�� CR. S W TYPE OF BUILDING RES. SEAS. VL. �II FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS G-� .+/ / 6 /RADS 0 , oc 7d .� R t� Ca -!a T LC4 RRYC e Ca nr,� a P Wry ' -- 3^CX 51,H rVH - 9�0 a 6eck --32 0,44, nc- 13)2 '�r3 �'�.' I+ 5 4, CzY,4p, ? y000 elQey.1 T c4r,01 H" E B I I GOND N C�z o��H 11e5 q �^ { n '` {� IZ _ �- I�dYG�1 15� FARM Acre Value PerValue' rr Acre W-t Ca;7C�Q Tillable 1 �. 13 •s•%V4 eif,-e-r Ti"-'-'e 2 Tillable 3 A-.4 r Woodland Swampland a� 6 FRONTAGE ON WATER r, Brushland ` FRONTAGE ON ROAD House Plot DEPTH BULKHEAD +� L. 17-16 1 p 887 " t'14WKn( d t Total DOCK ! `I'• ® f a .n,,�";T" c• .'x.kerma, �F,' r ,... : 'l''OWN'ER STREET VILLAGE DIST. SUB. LOT 70 FORMER OWNER N; . E :, t ACR TYPE S W TYPE OF BUILDING �}��-Cy t�SA. � •f�i �.T-�u'�� {-f I�, 1�Q ,.w y'^ur,.e _ ._�..'�.'_'`L Y" RES. SEAS. VL. �.� FARM COMM. CB. MISC. Mkt. Value n^ LAND IMP. TOTAL DATE REMARKS No cc.va,1J t /d 9 S !.T .71,4— . 96 .� 1 J R9 c�"f e or. r G )�Alie#4eC/T 1 Na / Ap P, �o AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value , Acre Tillable 1 Tillable 2 Ti- e 3 Woodland u FRONTAGE ON WATER �' Swampland Brushland - FRONTAGE ON ROAD House Plot DEPTH BULKHEAD Total DOCK W v z"M DISTRICT SUB. LOT STREET VILLAGE ' L) X" E ACREAGE FORMER OWNER N 0111� - � — 1 .1 1 — W TYPE OF BUILDING RES. SEAS. VL. FARM C IND. I CB. I misc. DATE RE AR TOTAL f LAND IMP. S --------------- a— �v 3o 0o o 41= C) C. ? AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE e 7' Form Acre Value Per Acre Value & Tillable I z 3 -T le 2 + V Tillable, 3 C= U- Woodland 14-4,n� Swampland L9 Brushland 7- House Plot i yy R .j +�i ; 4X�^"-^# 1•x6'4 ,`• } ■■■■■ii'i■■■�I�li3ii■■ ;�:� - . ■■■�■■ill■!�!�y�■i■i■■ Bldg. F ■■■i��....�. . .. . Bath Ext. Walls -Interior FinishExtension Extension Basement Floors Fire Place o- S. Porch • 1 = -_ Porch Rooms 1 st Floor ...r - Patio Rooms 2nd Floor -Garage. Driveway NOW TOWN OF SOUTHOLD PROPERTY RECORD CARD a r; OWNER STREET Yr CSO VILLAGE DIST. SUB. LOT c _ It JeA a vAp-�40 -f;^LA 2140 FORMER OWNER N E ACR. 4 3, 18,51 S W TYPE OF BUILDING Y e oejS " S. SEAS. L. FARM COMM. CB. MI 5 Mkt. Value LAND IMP. TOTAL DATE REMARKS _ Y'tcY �.-cap+ 0, lees Tillable FRONTAGE ON WATER J Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total APPEALS BOARD MEMBERS (/(u^ Southold Town Hall Gerard P. Goehringer,Chairman oa 53095 Main Road Serge Doyen,Jr. ca x P.O. Box 1179 James Dinizio,Jr. O .F Southold,New York 11971 Robert A. Villa Fax(516)765-1823 Lydia A.Tortora Ol �� Telephone(516)765-1809 BOARD OF APPEALS -�1960 TOWN OF SOUTHOLD RECEIED ACTION OF THE BOARD OF APPEALS APR 2 0 2098 Appl. No. 4314. BONING BOARD OF APPS Upon Application of JAMES AND BARBARA MILLER, Contract Vendees (Owner: Paradise of Southold, Inc. and Others). This application is based upon the March 29, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicants are requesting a building permit to locate a new single-family dwelling, disapproved on the following grounds: "1. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957. 2. Approval required by Board of Appeals to build single-family dwelling as a second use on this 1.79-acre parcel. R-80 Zone requires 80,000 sq. ft. of land area per use (or 160,000 sq. ft.), ref. Article III, Section 100-30A. 3. Approval 'is required from Board of Appeals under Article XXHI, Section 100-239.4B for location of dwelling with decks at less than 75 feet from the existing bulkhead; 4. Approval required to amend Filed Map as approved by the Planning Board for Paradise Point, Section One, pertaining to 'Future Extension' of Basin Road and use of this parcel as a building lot. Ch. 100 and Ch. 108... ." Location of Property: 580 Basin, Road, Southold, Paradise Point Section One, bled Map No. 3761 filed April 11, 1963; also known as 1000-81-1-16.7 (formerly part of 16-4). WHEREAS, public hearings were held on June 7, 1995, July 12, 1995 and August 9, 1995, at which times all persons who desired to be heard were heard and extensive testimony recorded (pro and con); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; Page'4 - Appl. No. Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 RECEIVED APR 2 ZONING BOARD OF APPEALS property in May 1981, and information in the hearing records indicates that the jetty was built by joint efforts of the residents and lot owners (and/or Association Members) from the Paradise Point area. 8. EFFECTS OF RELIEF REQUESTED HEREIN. It is the position of the Board that: (a) an undesirable change will be produced by the grant of the relief requested for two principal uses on this 74,595+- square foot; (b) the grant of the variances requested would create "mixed uses" for both a private marina. use and a private residence for which 160,000 square feet of land area is required in this R-80 Residential Zone District; (c) as noted in paragraph 5 above, the relief requested is substantial; (d) the difficulties claimed are personal in nature to the contract vendee, who has indicated he has a "signed contract" with the owner and that the architectural design, layout and size of the house that they have chosen is not "changeable" and was one of the reasons for wanting to build; (e) applicant has indicated no desire to alter the size or layout of the house in order to comply with the zoning regulations, including limited area for residential use in order to adequately provide parking and fire access to the marina areas around the property; (f) the relief, as requested, is not the minimum necessary, and does not adequately preserve and protect the character of the neighborhood and the health, safety and welfare of the immediate community areas; (g) in light of all the above, there are alternatives for appellant to pursue to better plan for the existing marina uses o r for a principal residential building which will fit within an appropriate upland area with greater setbacks from the water and wetland areas, with less reduction in setbacks and less relief. Accordingly, on motion by Member Villa, seconded by Page '5 - Appl. No. 4 a* _ 'Matter of JAMES AND BARBARA MILLER Decision Rendered August 9, 1995 Recaft IPPR202018 Z01VXIVG BOARD OPAPPEAk5 Member Dinizio, it was RESOLVED, to DENY the variances requested and as noted above. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Villa, and Tortora. This resolution was duly adopted by unanimous vote of the board members. r_ GERARD P. GOEHIJUNGER, CHAIR RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATES/Q.3 p 5 HOUR 17'S Town Clerk, Town of Southold p SUFFO(,� APPEALS BOARD MEMBERS �® QG Southold Town Hall Ruth D.Oliva,Chairwoman �� y 53095 Main Road Gerard P.Goehringer � P.O. Box 1179 Lydia A.Tortora • Southold,NY 11971-0959 Vincent Orlando 'y p! Tel. (631) 765-1809 James Dinizio,Jr. 11 ®1 41 Fax(631)765-9064 1� RIECFIV'FD http://southoldtown.northfork.net APR 2018 BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD ZCNJNG130AR®O1FIIVD�Ii�GS, DELIBERATIONS AND DETERMINATION AUG 4 2004 MEETING OF AUGUST 2, 2004 /2 Appl. No. 5266— Mary Zupa QFC . Street Location: 580 Basin Road (Paradise Point), Southold CTM Parcel ID: 1000-81-1-16.7 Reconsideration in accordance with the May 6, 2004, Supreme Court Decision of the Hon. James Catterson, J.S.C. (Index No. 03-29553) regarding the following: Appl. No. 5266 regarding Appeal filed by MARY ZUPA concerning property at 580 Basin Road, Southold; 1000-81-1-16.7. 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 an adverse effect on the environment if the project is implemented as planned. FINDINGS OF FACT In accordance with the May 6, 2004, Supreme Court Decision of the Hon. James Catterson, Justice of the New York State Supreme Court, the Board hereby makes the following findings and determination concerning Application Number 5266 submitted by Mary Zupa. The Zoning Board of Appeals held a public hearing on this application on March 20, 2003, June 5, 2003, July 24, 2003, and August 21, 2003, at which time written and oral evidence were presented. Based upon all the testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: 1. The applicant has appealed from the Building Department's Notice of Disapproval, dated October 30, 2002 and alternatively seeks variance under Sections 100-24(B) and 100-32 of the Town Code to permit construction of a single family dwelling on property located at 580 Basin Road, Southold, parcel No. 1000-81-1-16.7. 2. The application had been disapproved by the Building Department on the grounds that 1) construction of a single family dwelling on a nonconforming 75,687 sq. ft. parcel is Page 2—August 2,2004 Re: Appl. No.5266—M.Zupa CTM Parcel Id: 1000-81-1-16.7 APR ZONING BOARD OFAPPEALS not permitted in the R-80 District; 2) the lot is not recognized under the Zoning Code and it is used as a marina; and 3) the construction of a single family dwelling would constitute a second use. 3. The Zoning Board's files reflect that in 1995, James and Barbara Miller applied for a building permit to permit two uses on the property (a non-conforming pre-existing marina and a single family dwelling). Setback variances were also needed with respect to the siting of the proposed dwelling. The Building Department issued a Notice of Disapproval on essentially identical grounds as were issued with respect to the present application. 4. The Millers appealed to the Zoning Board, seeking to overturn the Notice of Disapproval or, alternatively, to obtain variances. The appeal was denied on August 9, 1995. No Article 78 proceeding was commenced by the Millers to review the Board's denial of their application. 5. The applicant's property is zoned R-80 and is approximately 1.7 acres. A sub- stantial portion of the property is surrounded by water and wetlands. 6. There is conflicting evidence in the record as to whether the applicant's property is a lot"approved by the Southold Town Planning Board"thus a recognized "lot" under Section 100-24(2) of the Town Code. 7. In 1981, it appears that the Planning Board approved to set off the lot with essentially the same dimensions as the applicant's property. The Building Department issued a vacant land Certificate of Occupancy. However, subsequent memoranda from the Planning Board, and other evidence, call into question the intent of the set off. 8. The issue is academic, however, since if the lot were not a recognized, pre- existing substandard lot that continued to be held in single and separate ownership, the unique facts and circumstances here would warrant the grant of the small area variance otherwise needed to construct a single family dwelling on the property. 9. However, whether the construction of a conforming single family dwelling can be built "as of right" if the lot were a "recognized lot" or with an area variance if it were not a "recognized lot", the proposed use of the property as sought by the applicant is complicated by the fact that the property has been and continues to be used in part as a pre-existing nonconforming marina. i f Page 3—August 2,2004 _ Re: Appl. No.5266—M.Zupa CTM Parcel id: 1000-81-1-16.7 RECEIVED APR 2 0 2118 ZONING BOARD OF APPEALS 10. The facts with respect to the pre-existing marina use remain unchanged since this Board's denial of the 1995 variance application referred to above, other than the present applicant claiming that the marina use is "illegal". The Board is advised that the claim was dismissed by the Supreme Court on procedural standing grounds only and not on the underlying merits. 11. The marina is principally utilized by the applicant's neighbors, members of the Paradise Point Association. The Association asserts its rights to maintain the marina and to use applicant's property for that purpose. The applicant's property is the sole means of upland access to the marina. 12. Thus, the applicant's property is burdened with a pre-existing non-conforming use. 13. The residential use sought by the application is a permitted use in the R-80 district. The applicant is proposing to put a permitted use on the property that is already being used in a nonconforming manner. 14. Under Section 100-241(G) of the Town Code, this proposed change to a conforming use can only occur if either the non-conforming use is abandoned or, alternatively, a variance is sought to permit the non-conforming use to continue along with the conforming use. The pertinent part of Section 100-241(G) reads as follows: "Whenever a nonconforming use of a premises has been changed to a conforming use, anything in this Article to the contrary notwithstanding, the nonconforming use of such premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals." 15. In order to build the proposed dwelling, the legal, nonconforming marina use could no longer operate unless a variance is granted permitting it to remain. 16. This case presents an extremely unusual circumstance for the Board. Normally, the owner of the property owns and controls the nonconforming use on it and would either agree to discontinue its use or apply for a variance under Section 100-241(G) to allow it to remain while a conforming use is added to the property. Here, however, the nonconforming use is owned and controlled by the Association that is not the fee owner of the property. The owner of the nonconforming use and the owner of the fee title to the property appear to be steadfastly opposed to co-existence. No application has been made for the variance Page 4—August 2, 2004 Re: Appl.No.5266—M.Zupa CTM Parcel Id: 1000-81-1-16.7 Zlg� APR 2 �fl� `(""'JG BOARD OF4PpeA IS contemplated in Section 100-241(G) that would permit the non-conforming marina use to continue while permitting construction of the home. Without such variance, the property cannot be used for both uses. 17. If the property were not already used by a nonconforming marina, this Board would grant the applicant the area variance sought from the two-acre minimum required by the Section 100-32 of the Town Code for the following reasons: a. The benefit to the applicant of constructing a residential home outweighs the detriment to the health, safety, and welfare of the neighborhood caused by such construction. b. The grant of the variance will not produce an undesirable change in the character of the neighborhood because the neighborhood is predominantly residential. C. The grant of the variance will not create a significant detriment to nearby properties because the application seeks to construct a house within all legal setback limits. d. The benefit sought by the applicant cannot be achieved by another feasible method other than an area variance. In order to construct a house on this property, the applicant requires a variance. e. The requested relief is not substantial. The applicant's property is approximately 70,000 square feet in area, some 87.5% of the 80,000 square feet required. This does not dramatically change when square footage attributed to easements and the marina use is subtracted. f. Evidence has not been submitted to show that the grant of the variance will have an adverse impact on physical or environmental conditions in the neighborhood. On the contrary,the applicant has received the appropriate permits from the New York State Department of Environmental Conservation and the Town Trustees. The parcel is situated in such a way that a house constructed with conforming set backs would not have any adverse impacts on any adjoining or nearby parcels. g. The difficulty was self-created. The applicant purchased the property with knowledge that the planned construction will not conform to the current Town Page 5—August 2, 2004 Re: Appl. No.5266—M.Zupa CTM Parcel Id: 1000-81-1-16.7 IO�I('�l�ir APR 2 0 ZOWING BOARD QP 0064§ requirements. However, this is one factor to be considered which is not automatically dispositive. h. The grant of the relief is the minimum action necessary and adequate to enable the applicant to construct a residential house on the premises, while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. The proposed construction complies with all applicable setback requirements. 18. However, the relief requested by the applicant can only be conditionally granted since simultaneous to any approval, the nonconforming marina use must be abandoned or a variance must be applied for to permit it to remain as required under Section 100-241(G). 19. Since the nonconforming use is owned and operated by the Association, the applicant cannot unilaterally abandon the use. While the applicant and the Association could apply for a variance to allow the nonconforming use to remain on the property after it is put to a conforming use, no such variance application has been made at this time and the Board will not pre-judge any such application. BOARD RESOLUTION/DETERMINATION: Now, therefore, on motion by Chairwoman Oliva, seconded by Member Goehringer, it was RESOLVED, that based upon the foregoing, the Board grants the area variance sought by the applicant to permit construction of a single family home on less that 80,000 square feet with full compliance with all setback requirements on condition, however,that no building permit be issued until the nonconforming marina use is removed or a variance is granted to permit its continued use in conjunction with a residential use. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, and Tortora. (Member Orlando recused himself; Member Dinizio abstained.) This Resolution was duly adopted (3-0). RUTH D. OLIVA, CHAIRWOMAN 8/3/04 Approved for Filing M aLocation: o�a4fr s��/jyo Mailing Address: Town Annex{Fust Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) �, P.O.Box 1179 Southold,NY 11971 • �� Southold,NY 11971-0959 http://southoldtown.northfork.not 7196 BOARD OF APPEALS Iftawn TOWN OF SOUTHOLD APR 9 n Zola Tel.(631)765.1889 Fax(631)765-9064 DIlIIVG 8()ARD ®FgPpEALS COVER SHEET WITH ZBA FILE STATUS OF FILE ZBA# 6010 Name: �ura 1 � V I &VV t Al a t Tax Map#: O b t}„ J-- —1 , 7�' " Location: '�-S�S pa r2�. I c Pp(h-' I e�- [ ] -Refimd issued : CANNOT activate or reactivate file (Applicant has withdrawn application). [7GJ NO REFUND DUE, based on time spent for Town to process application and hearings. [ X I Obsolete & expired; CANNOT reactivate this file: NEW AppLICATION NECESSARY: Extensive time has passed; Zoning Code changes are now in effect and this application expired. NO'S'E: Applicant may apply for a new application with'Building Inspector for a new Notice of Disapproval and submit NEW application with all documents and current maps,to ZBA, or modify plan to conform to the current code. This Town file based on appIicant's previous year requests has expired. [ ] No forms to be scanned; FILE # VOID: APPLICATION RETURNED. (All forms were returned to applicant early in process, as requested by applicant.) ------_--___ --------------------------------------------------------------------____--_-------- i APPEALS BOARD MEMBERS 0f So or Mailing Address: James Dinizio,Jr., Chairman �y>� pl Southold Town Hall ti O 53095 Main Road-P.O. Box 1179 Gerard P.Goehringer Southold,NY 11971-0959 Ruth D.Oliva CA ae Office Location: G � Michael A.Simon io Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman l�C� ,� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork_net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD '"7� Q� Tel.(631)765-1809-Fax(631)765-9064 O September 10, 2007 APR ZONING BOARD OFAPPFAL$ Ms. Mary S. Zupa 4565 Paradise Point Road Southold, NY 11971 Re: Your August 23, 2007 Letter -ZBA File# 6010 Dear Ms. Zupa: We are in receipt of your August 23, 2007 letter. As set forth in our April 9, 2007 resolution, you must file a variance application to permit the continuing use of the legal non- conforming marina use or alternatively, have it removed, so as to comply with the Zoning Board Determination # 5266 adopted August 2, 2004. That determination granted your variance request subject to that express condition, which was sustained by the Supreme Court and Appellate Division, Second Department. The matter was adjourned on April 9th so that you could apply for the variance as required in Determination# 5266. The September 15, 2006 resolution you reference did not change that determination in any respect. Thank you for your attention. V truly u s, James Dinizio, Chairman �guFFO( � Office Location: �. Oby� Mailing Address: Town Annex/First Floor,Notth Fork Bank � 53095 Main Road 54375 Main Road(at Youngs Avenue) • P.O. Box 1179 Southold,NY 11971 y �r Southold.,NY 11971-0959 http://soudioldtown.northfork.net BOARD OF APPEALS ' TOWN OF SOUTHOLD Tel.(631)765-1809 Fax(631)765-9064 APR April 9, 2007 ZOiUIIV 8 0A40 OFAPPEALS Patrick Henry, Esq. 320 Carleton Avenue, Suite 6800 Central Islip, NY 11722 Re: ZBA#6010—Appeal Application (Mary Zupa) Dear Mr. Henry: This will confirm that the following action was taken at the Zoning Board Meeting held on March 29, 2007 by the Zoning Board of Appeals concerning the above Appeal Application: BOARD RESOLUTION: After receiving testimony, and it appearing that by ZBA determination #5266 adopted August 2, 2004, this Board granted the applicant an area variance to construct a home as set forth therein, conditioned upon, among other things, that no building permit be issued until the nonconforming marina use is removed or-a variance is granted to permit its continued use in conjunction with a residential use; and it further appearing that the applicant is agreeable to apply for such variance, Now, therefore, upon motion offered by Chairman Dinizio, seconded by Member Weisman, this hearing is adjourned to April 26, 2007, so that the applicant can file an amended appeal to include the request for the variance described in ZBA Determination #5266, which application shall specifically show the portions of the property affected by the marina use as well as the areas of the property that are affected by easements that the Paradise Point Association has over the subject property, as previously determined by the Courts. Please feel free to call our Administrative Secretary, Linda Kowalski, if there are questions concerning the filing of the amended application forms: Thank you. Very truly yo , / Jame�io, Jr. Chairman BOARD MEMBERSOf SOUS, Southold Town Hall Leslie Kanes Weisman,Chairperson �� y0!® .1095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 James Dinizio Office Location: Gerard P. Goehringer G Town Annex/First Floor,Capital One Bank George Horning 0 54375 Main Road(at Youngs Avenue) Ken Schneider i'Off(�(�(,N Southold,NY 11971 Q http://southoldtown.northfork.net RE FIVE u ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 4 y y Iso FINDINGS,DELIBERATIONS AND DETERMINATIONo,d Town Clergy O�Y�Ca� MEETING OF JULY 13,2010 ZBA FILE: 6394 NAME OF APPLICANT: Mary S. Zupa SCTM#: 1000-81-1-161 PROPERTY LOCATION: 58 Basin Road(adj. to Southold Bay,Boat Basin and a Canal), Southold SEQRA DETERMINATION: The Zoning Board has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 14,2010 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated June 21,2010,(addressing the marina use only) and determined that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property is located in the Residential R-80 zone. It consists of 68,070 sq. ft. of buildable area; it is surrounded by water on three sides and has 51.65 feet of frontage on Basin Road. , as depicted on the survey by Nathan Taft Corwin, III L.S., dated last revised March 31, 2010. BASIS OF APPLICATION/RELIEF REQUESTED: 'By Decision No 5266,dated August 2,2004,the Zoning Board granted the applicant a variance from the Code's Bulk Schedule and Parking Schedule to permit construction of a new single-family dwelling on the property which has less than the required area of 80,000 square feet. The variance was expressly conditioned upon either the abandonment of the existing, non-conforming marina use or the grant of a variance pursuant to Section 280-121G that would allow the non-conforming marina use to continue in conjunction with the single-family,dwelling. In order to fulfill the condition imposed on the area variance granted by Decision No. 5266,the applicant has now applied for the variance pursuant to Section 280-121G to permit the continued use of the non-conforming marina use in conjunction with the proposed single-family dwelling. RECaw-D Paget—July 13,2010 APR 2 0glg ZBA File#6394—Mary S.Zupa r� 9 CTM- 1000-81-1-1641 Z01YI UG BOARD OF APPEALS FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 30,2010. Based upon all the testimony,documentation,personal inspection of the property,and other evidence,the Zoning Board finds the following facts to be true and relevant: 1. The current building permit application submitted by the application is for the same single-family residence that was the subject of Appeal No.5266. The Building Inspector issued a Notice of Disapproval dated March 24,2010,amended April 1,2010. The Disapproval was based upon;a)the lot being less than the 80,000 square feet required under the Bulk Schedule and Parking Schedule;and b)the need to comply with the condition imposed in this Board's Decision No.5266. 2. The Zoning Board hereby re-adopts the Findings of Fact set forth in the Decision No. 5266 in there entirety as if set forth at length herein and confirms the grant of the area variance for the reasons set forth in Decision No. 5266. 3. With respect to the request for a variance pursuant to Section 280-121 G to allow the legal non- conforming marina use to continue in conjunction with the single-family dwelling,the Zoning Board makes the additional Findings: a. The proposed action has been found consistent with the Policy Standards of the Local Waterfront Revitalization Program as set forth in the report of the LWRP Coordinator,dated June 21,2010. b. The continued use of the legal non-conforming marina owned by the Paradise Point Association is compatible with the proposed single-family dwelling due to their respective locations at the property. C. The continued use of the legal non-conforming marina is compatible with the existing development in the area where the property is located. d. Counsel for the Paradise Point Association indicated at the Public Hearing that the Association supports the application to permit both uses at the subject property. e. The applicant confirmed at the Public Hearing that she regarded the continued use of the legal non-conforming marina to be compatible with her proposed single-family dwelling. 4. The applicant indicates in her application that there are current permits issued by the New York State Department of Environmental'Conservation,the Southold Trustees,and the Suffolk County Department of Health Services. RESOLUTION OF THE BOARD: In considering all of the above factors motion was offered by Member Goehringer, seconded by Member Schneider and duly carried,to GRANT,the area variance sought by the applicant to permit construction of a single family home on less than 80,000 square feet with full compliance with all set back requirements and with any requirements contained in permits issued to applicant;and further granting the variance pursuant to Section 280-121G RECENED APR 9 - 2018 Page 3—July 13,2010 ZBA File#6394—Mary S.Zupa ZONING®OARD OF APPEALS CTM:1000-81-1-16.3 to allow the continued use of the legal non-conforming marina use in conjunction with the single family dwelling use. As shown on the survey by Nathan Taft Corwin, III L:S., dated last revised March 31, 2010 and architectural plans dated 12-1-2003 by Violanda Franzese,Architect, pages SP-1, D-1, D-2, 1, 2, 3, 6, 7, 8, 9, 10 and 11. 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 given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes:Members Weisman (Chairperson, Goehringer and Schneider. (Absent were: Members Horning and Dinizio) This Resolution was duly adopted(3-0). Leslie Kanes/ (Weisman,Chairperson Approved for filing /dl) /2010 EIV D 7 J' 22 2 2010 Southold Town Cle,) Suffolk Environmental Consulting, Inc. Newman Village,Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President -7t g& HAND DELIVERED RIECEWED April 19, 2018 APR 2 0 2018 Southold Board of Zoning Appeals ZONING BOARD OF APPEALS Southold Town Building Department P.O. Box 1179 Southold, NY, 11971 Re: ZUPA&PARADISE POINT ASSOCIATION Properties Situate: 580 Basin Road,Southold, NY SCTM#: 1000-81-1-16.17 1000-81-3-p/o 29 Dear Members of the Board, Application is hereby made for zoning variance pursuant to a Notice of Disapproval issued by the Southold Town Building Department last,dated April 16, 2018.Application contents are as follows: 1. Notice of Disapproval last dated April 16,2018 issued by the Southold Town Building Department; 2. Application to the Southold Town Board of Appeals dated April 17,2018; 3. Applicant's project description prepared April 17, 2018; 4. Questionnaire for Filing with your Z. B.A.Application dated April 17,2018; 5. Certificate of Occupancy#35280 dated November 9,2011 for one family dwelling with rear wrap around deck,two car garage under and unfinished basement as applied for per ZBA#6394 dated 7/13/10; 6. Certificate of Occupancy#35281 dated November 9, 2011 for in-ground swimming pool; 7. Agricultural Data Statement prepared by this office on April 17, 2018; 8. Short Environmental Assessment Form prepared by this office on April 17, 2018; 9. Owner's Endorsements executed by the owners of the properties on April 4, 2018; 10. Applicant Transactional Disclosure Forms executed by the owners of the properties on April 4,2018; 11. Applicant/Agent/Representative Transactional Disclosure Form executed by me on April 17,2018; 12. LWRP Consistency Assessment Form prepared by this office on April 17, 2018; 13. Photographs of subject property prepared by this office on April 9,2018; 14. Property Assessment Cards obtained from the Southold Town Assessor's Office; 15. Survey prepared by Young and Young Surveyors last dated February 12,2018; 16. Prior Zoning Determinations: #4314 dated August 23, 1995,#5266 dated August 4, 2004, #6010 dated March 29,2007 and#6394 dated July 20,2010. 17. Check made payable to the Town of Southold in the amount of$500 in full satisfaction of the required application fee. By way of this correspondence, I request that you commence the processing of this application and schedule a public hearing for presentation and determination.Thank you in advance for your anticipated cooperation. Yours t ly, Bruce A.Anderson kIECFXVr-D APR 2 Z00ING EJUARD op ApgALP Cc. V.Zupa (application encl.) Paradise Point Association (application encl.) g�FfO[,r ELIZABETH A. NEVILLE,MMC 0� CD�jy Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ,�i ��. _ Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER 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: April 24, 2018 RE: Zoning Appeal No. 7186 Transmitted herewith is Zoning Appeals No. 7186-Suffolk Environmental Consulting, Inc. for Mary Zupa& Paradise Point Assoc.: The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire Agricultural Data Statement Short Environmental Assessment Form Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) LWRP Consistency Assessment Form Notice(s) of Disapproval Board of Zoning Appeals Application Authorization Certificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos Correspondence- APP) Copy of Deed(s) Building Permit(s) Property Record Card(s) Survey/Site Plan Maps- Drawings Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) ,/ Misc. Paperwork- Z A Cbyer `Jhent W i-t� M19 5 l-� ��®gUFFQt,��Q ZONING BOARD OF APPEALS a G� Town Hall Annex, 54375 NYS Route 25 cz P.O.Box 1179 Leslie Kanes Weism�h� fdr p��N M ITTALo� F 'York 11971-0959 L. (FFili In llJJof A a or Processin ax 31)765-906465-1 (Filing pp l � �elephone (631) 765-1809 DATE : APRIL 20, 2018 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP Suffolk Environmental Consulting, Inc. for : RECEIVED 7186 ZUPA, MARY & 1152 $500.00 PARADISE POINT / ASSOCIATION APR 2 4 2018 Southold Town Clerk TOTAL $500.00 Sent via Inter-Office to Town Clerk by: ES Thank you. paw �a'!r Fr::: 'r'-" 'v',-. 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"<'f�����+•")\�''" O,p.•.O:y. -Oat pOl.�i(S$. __ 7 Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 04/24/18 Receipt#: 238204 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7186 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#1152 $500.00 Suffolk Environmental Consulting Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Zupa, Mary S 580 Basin Road Southold, NY 11971 Clerk ID: SABRINA Internal ID:7186 Suffolk Environmental Consulting, Iric. Newman Village,Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President HAND DELIVERED ( � RECVED July 25,2018 JUL 2 5 2018 Southold Board of Zoning Appeals Z0 1VI'V(3 g0A��OFAPPEALS Southold Town Building Department P.O. Box 1179 Southold, NY, 11971 Re: ZUPA&PARADISE POINT ASSOCIATION Properties Situate: 580 Basin Road,Southold, NY SCTM& 1000-81-1-16.17 1000-81-3-p/o 29 Dear Members of the Board, I hereby request that the hearing for the above referenced zoning application be adjourned to your regular meeting of September 2018,to provide sufficient time for Zupa and the Paradise Point to agree on the precise location of the proposed common boundary line change. Thank you in advance for your anticipated cooperation. Yours trul , i 01 Bruce A.Anderson Cc. V.Zupa Paradise Point Association I BOARD MEMBERS rjF S®!/l Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179 !p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor Robert Lehnert,Jr. 0 �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento COUNV 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, OCTOBER 4, 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, OCTOBER 4, 2018. 1:00 P.M. - MARY ZUPA/PARADISE POINT ASSOCIATION #7186 — (Adjourned from August 2, 2018) Request for a Variance under Article III, Section 280-14 and the Building Inspector's April 3, 2018, Amended April 16, 2018 Notice of Disapproval based on an application to permit a lot line modification; at: 1) proposed newly created lot having less than the code required minimum lot size of 80,000 sq. ft.; located, at: 580 Basin Road, (Adj. to Southold Bay) Southold , NY. SCTM#1000-81-1-16.7. 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: September 16, 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 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hap:Hsouthtown.northfork.net September 5, 2018 Re : Town Code Chapter 55 -Public Notices for Thursday, October 4, 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 September 17th: 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 September 24th: 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 September 26th: 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 October 2, 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. rI �TIGE uF HEAR'I,i4o The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold : AMEmE ZUPA, MARY/PARADISE POINT ASSOCIATION # 7186 `17CTM # : 1000-81 - 1 - 16 . 7 VARIANCE : SIZE OF NEW LOT r-.EQUESTN LOT LINE CHANGE DATE : THURS. , OCT . 49 2078 7 :00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 �• #0002262710 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 09/27/2018 Principal Clerk Sworn to before me this / day of dG VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 QUallfled In Suffolk County RJIW(bmi1 Wan Expires Febtuaiy 28,2020 I (TYPESET. Mon Sep 17 1129 32 EDT 2018 1:00 P.M. - MARY ZUPA/PARADISE LEGAL NOTICE POINT ASSOCIATION #7186 - (Ad- SOUTHOLD TOWN journed from August 2,2018)Request for a ZONING BOARD OF APPEALS Variance under Article III, Section 280-14 THURSDAY,OCTOBER 4,2018 and the Building Inspector's April 3,2018, PUBLIC HEARINGS Amended April 16, 2018 Notice of Disap- NOTICE IS HEREBY GIVEN,pursuant to proval based on an application to permit a lot Section 267 of the Town Law and Town Code line modification;at-1)proposed newly cre- Chapter 280(Zoning),Town of Southold,the ated lot having less than the code required following public hearings will be held by the minimum lot size of 80,000 sq.ft;located,at: SOUTHOLD TOWN ZONING BOARD OF 580 Basin Road, (AdJ to Southold Bay) APPEALS at the Town Hall, 53095 Main Southold,NY.SCTM#1000-81-1-16 7. Road,PO Box 1179, Southold,New York 1:15 P.M.-JOHN AND GLORIA SKOB- 11971-0959, on THURSDAY,OCTOBER LICKI#7198-Request for Variances from 4,2018. Article XXIII, Section 280-124 and the 10:30A.M.-MELANLLC#7201-Request Building Inspector's May 18,2018,Notice of for a Variance from Article IV, Section Disapproval based on an application for a 280-124 and the Building Inspector's April building permit to construct additions and al- 19,2018,Notice of Disapproval based on an terations to an existing single family application for a building permit to construct dwelling, at; 1) located less than the code additions and alterations to existing single required minimum front yard setback of 35 family dwelling,at; 1)located less than the feet;2)located less than the code required code required minimum front yard setback of minimum side yard setback of 10 feet, 3) 40 feet;at:230 Lesters Road,Mattituck,NY. located less than the code required minimum SCFM#1000-114-7-5.1. combined side yard setback of 25 feet;at:560 10:45 A.M.-PAUL ORLICK#7202-Re- Youngs Avenue,Southold,NY.SCTM#1000- quest for a Variance from Article XXIII,Sec- 64-1-3. tion 280-124 and the Building Inspector's 1:30 P.M.-ROBERT AND CATHERINE June 6,2018,Notice of Disapproval based on HARPER#7200-Request for a Variance an application for a building permit to con- from Article IV, Section 280-18 and the struct an accessory in-ground swimming Building Inspector's June 13,2018,Notice of pool,at;1)proposed improvements more than Disapproval based on an application for a the code permitted maximum lot coverage of building permit to construct additions and al- 20%;at-1300 Sound View Road,Orient,NY. terations to an existing single family SCTM#1000-15-3-23 dwelling,at;1)more than the code required 11:00 A.M.-THOMAS CORNELL#7203 maximum allowed two and one-half(2-1/2) -Request for a Waiver of Merger petition stories,at-2600 New Suffolk Avenue,Mat- under ArticlelI,Section280-10A,tounmerge tituck,NY.SCTM#1000-115-9-3. land identified as SCTM No 1000-31-4-8 1:45 P.M.-SALVATORE AGOSTA#7199 which has merged with SCTM No -Request for Variances from Article III,Sec- 1000-31-4-9,based on the Building Inspec- tion 280-15,Article XXII,Section 280-105 tor's June 15,2018 Notice of Disapproval, (A)and the Building Inspector's May 7,2018, which states that a non-conforming lot shall Amended May 21, 2018 Notice of Disap- merge with an adjacent conforming or non- proval based on an application for a building conforming lot held in common ownership permit to legalize"as built"six(6)feet high with the first lot at any time after July 1,1983 fence in the front yard of a single family and that non-conforming lots shall merge un- dwelling,and to demolish an"as built"acces- til the total lot size conforms to the current sory garage,and to construct a new accessory bulk schedule requirements (minimum garage;at 1)proposed garage is located in 40,000 sq.ft in the R-40 Residential Zoning other than the code required rear yard,2)"as District), located, at 580 Stars Road, East built" fence more than the code required Marion, NY SCTM Nos.1000-31-4-8 and maximum four(4)feet in height when located 1000-31-4-9. in the front yard,at-1250 Shipyard Lane,East 11:15 A.M.-HALSEY TUTHILL#7204- Marion,NY SCTM#1000-38-7-10.12. Request for a Variance from Article XXIII, The Board of Appeals will hear all persons or Section 280-124 and the Building Inspector's their representatives,desiring to be heard at June 6,2018,Amended June 15,2018 Notice each hearing,and/or desiring to submit writ- of Disapproval based on an application for a ten statements before the conclusion of each building permit to demolish an existing hearing Each hearing will dwelling and construct a new single family not start earlier than designated above.Files dwelling, at; 1) located less than the code are available for review during regular busi- required mmimum front yard setback of 35 ness hours and feet;at:350 Sylvan Drive,East Marion,NY. prior to the day of the hearing If you have SCTM#1000-37-3-19.1 questions,please contact our office at,(631) 11:30 A.M.-KRUPSKI LlNf=D FAM- 765-1809, or by email: KimF@ ]ELY PARTNERSHIP#7205-Request for a southoldtownny.gov Waiver of Merger petition under Article II, Dated:September 20,2018 Section 280-10A,to unmerge land identified ZONING BOARD OF APPEALS as SCTM No 1000-111-13-8 which has LESLIE KANES WEISMAN, merged--with-SC-TM-No---1000-144-13-7-- CHAIRPERSON based on the Building Inspector's June 12, BY Kim E.Fuentes 2018 Notice of Disapproval,which states that 54375 Main Road(Office Location) a non-conforming lot shall merge with an 53095 Main Road(Mailing/USPS) adjacent conforming or non-conforming lot P.O.Box 1179 held in common ownership with the first lot at Southold,NY 11971-0959 any time after July 1, 1983 and that non- 2262710 conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements(minimum 40,000 sq ft in the R-40 Residential Zoning District);located,at 6125 Nassau Point Road, (AdJ to Little Peconic Bay) Cutchogue, NY SCTM Nos. 1000-111-13-7 and 1000-111-13-8. OFFICE LOCATION: ' MAILING ADDRESS: Town Hall Annex ��0� S�UrjfiO P.O.Box 1179 54375 State Road Route 25 ,`O �� Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY Telephone: 631 765-1809 http://southoldtownny.gov coUNI`I ZONING BOARD OF APPEALS Town of Southold LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 2, 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, AUGUST 2, 2018. 11:15 A.M. - MARY ZUPA/PARADISE POINT ASSOCIATION #7186 — Request for a Variance under Article III, Section 280-14 and the Building Inspector's April 3, 2018, Amended April 16, 2018 Notice of Disapproval based on an application to permit a lot line modification; at: 1) proposed newly created lot having less than the code required minimum lot size of 80,000 sq. ft.; located, at: 580 Basin Road, (Adj. to Southold Bay) Southold , NY. SCTM#1000-81-1-16.7. 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: July 19, 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 r R J TOWN OF SOUTHOLD e%(, ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants) SCTM Parcel# 1000- S 9 i -- 0o ,_? --, COUNTY OF SUFFOLK STATE OF NEW YORK SUFFOLK ENVIRONIVIENTAL CONSULTING,INC. P0. BOX 2003 residing at BRIDGEHAMPTON,NY 11932-2003 New York, being duly sworn, deposes and says that: On the 13b_ day of Seim , 201 n I-personally mailed at the United 'States Post Office in fSIA .New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTS , 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 ('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, surroundin the ap licant's property. (Signature) Sworn to before me this /37" day of S , 20 MATTHEW D. IVANS _ NOTARY PUBLIC-STATE OF NEW YORK No.01IV6053869 Votary Public) Qualified in Suffolk County r My Commission Expires 01-22-2019 PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. 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All AFIED MAILO RAI U ost INg , Rl I pomestilp Mail OWY Domestic Mail s Certified Mail Fee 4eaadd �g-.7 Certified Mall Fee $3.4c ^ 1Ji $ l' LVExtra Services&Fe eck oxr{ate) �N 4� M1 Extra Services&Fees(checkbo add lea q �p�/orpq a ?Q ❑Return Receipt(har y) Ill '1J ❑Return Receipt(hardcopy) 4.� li �jjfp❑ erl O Ostmark Q ❑Return Receipt(electronic) 1� 1 tl (J/(J POSt Q ❑certified Mall Restri ell ryi-Izi Here- - a ❑certified Mail Restricted Delivery Haf Q ❑Adult Signariue Req e- — �y Q ❑Adult Signature Required❑AdultSignatureRests el ❑Adult Signature R..Mcted Delivery$Postage c ,�� � Postag $��.5I.1 /U .tv 1rU Total Postage and F es 1-1g�1 ,���11 v Total Postage and 'V` /13/71I$ 6.70 Sent To N Sent To o -A -� ('L -------------- o xJ:s kei a e�. �4 l n -- N 2ka k o W - - ---- - ru— Street n )L No.,or l'2 BBo!x!�N�o: Street and"t o.,"orPABox of:"" "-"",""-- - Cr t ZP+4� ----- City S at t" —�c� -- - --------------- .1 - ew �4bV6 VAN ! c 3 A-v ar t IVA `oa`f'7 G —-7 6 a O CERTIFIED RECEIPT■ ^ IIIJJJ N For,delivery . . our website . . w M Ln certified Mail Fee a P` q` 932 $3.45 T 1;1 EMra Services K Fees(checkbox ®fee a 42 Q ❑Return Receipt(hardcopy) `�r Q ❑Return Receipt(electronic) `� �j(,( J,JII Po Q ❑ Certified Mall Restricted Delry $ d:I Imo_ Hr Q ❑Adult Signature Required $� 2018 m ❑Adult Signature Restricted D Wry$ L Q Postage CO $ $!I•cl rU Total Postage and Fees $ $6.70 rel 4 _Q (� � 2-S�--------- --------------- --�.Se��n7 t a_ndApL No.,or PCS Box Afo. 6 Citi,State rllP+4a ; ------------------------------------------------------- LA* --------------w*(a.- l q'( l , PS Form 3800,April 2015 PSr-027000-90j7 J TOWN OF SOUTHOLD ( gCo ZONING BOARD OF APPEALS �u A'J V�IR-�"1�`�;e SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as ?to Z SCTM Parcel#1000- 01 - 9 - 1(0- t� COUNTY'OF SUFFOLK) SUFFOLK ENVIRONMENTAL CONSULTING,INC. STATE OF NEW YORK) P0. BOX 2003 I, ('Uf I , residing at BRIDGEHAMPTON,W,,11932-2003 = New York, being duly sworn, depose and say that: On the 41 day of kt*e , 2019,I personally placed the Town's Official Poster, with the ate of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)-facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be /O /$ (Signature) Sworn to before me this Day ofoCr. , 201% MATTHEW D. IVANS NOTARY PUBLIC-STATE OF NEW YORK No.01 IV6053859 otary Public) Qualified in Suffolk County My Commission Expires 01=22=2919 * near the entrance or driveway entrance of my property, as the area most visible to passerby. Suffolk Environmental Consulting, Inco Newman Village,Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President Via CERTIFIED MAILING September 13, 2018 dd Elizabeth Neville Southold Town Clerk P.O. Box 1179 Southold, NY 11971 Re: 580 Basin Road,Southold SCTM#1000-81-1-16.17 and p/o 29 Dear Ms. Neville, This Firm represents the owners of the above referenced properties. These properties will be the subject of a Public Hearing before the of the Southold Zoning Board of Appeals,at Town Hall located at 53095 Main Road, Southold on Thursday, October 4, 2018, at approximately 1:00 PM. Accordingly, please find enclosed herewith: (1) Legal Notice concerning subject application; and (2) Reduced copy of the Survey of subject property, prepared by YOUNG AND YOUNG, Land Surveyors, dated September 11, 2018 indicating the project specifications. Please review and should you have any questions, please feel free to contact this office at any time. Thank you as always for your attention and consideration. Sincerely, Bruce A.Anderson Suffolk Environmental Consulting, Inc. Newman Village,Suite E,2322 Main Street,P.O. Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President Via CERTIFIED MAILING September 11, 2018 L 1,700 Basin Road Realty Trust Attn:Shane Curcuru 47 Chester St Arlington, MA 02476-7606 Re: 580 Basin Road,Southold SCTM#1000-81-1-16.17 and p/o 29 Dear Neighbor(s), This Firm represents the owners of the above referenced properties. These properties will be the subject of a Public Hearing before the of the Southold Zoning Board of Appeals,at Town Hall located at 53095 Main Road, Southold on Thursday, October 4, 2018, at approximately 1:00 PM. Accordingly, please find enclosed herewith: (1) Legal Notice concerning subject application;and (2) Reduced copy of the Survey of subject property, prepared by YOUNG AND YOUNG, Land Surveyors, dated September 11, 2018 indicating the project specifications. Please review and should you have any questions, please feel free to contact this office at any time. Thank you as always for your attention and consideration. Sincerely, Bruce A.Anderson Suffolk Environmental Consulting, 111Co Newman Village,Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President Via CERTIFIED MAILING September 13, 2018 D AR AN BHA LLC 666 Fifth Ave New York, NY 10103 Re: 580 Basin Road,Southold SCTM#1000-81-1-16.17 and p/o 29 Dear Neighbor(s), This Firm represents the owners of the above referenced properties. These properties will be the subject of a Public Hearing before the of the Southold Zoning Board of Appeals,at Town Hall located at 53095 Main Road, Southold on Thursday, October 4, 2018, at approximately 1:00 PM. Accordingly, please find enclosed herewith: (1) Legal Notice concerning subject application; and (2) Reduced copy of the Survey of subject property, prepared by YOUNG AND YOUNG, Land Surveyors, dated September 11, 2018 indicating the project specifications. Please review and shpuld you have any questions, please feel free to contact this office at any time. Thank you as always for your attention and consideration. Sincerely, Bruce A.Anderson BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��oF SOUTyo 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor Robert Lehnert,Jr. �pQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �l�COU 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, OCTOBER 4, 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, OCTOBER 4, 2018. 1:00 P.M. - MARY ZUPA/PARADISE POINT ASSOCIATION #7186 — (Adjourned from August 2, 2018) Request for a Variance under Article III, Section 280-14 and the Building Inspector's April 3, 2018, Amended April 16, 2018 Notice of Disapproval based on an application to permit a lot line modification; at: 1) proposed newly created lot having less than the code required minimum lot size of 80,000 sq. ft.; located, at: 580 Basin Road, (Adj. to Southold Bay) Southold , NY. SCTM#1000-81-1-16.7. 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: September 16, 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 100 0,o-eer A—,RI'm+ad,Na"Yo k 11 1 s6a•23'oa E N t.1 651 2Ib3' 1b vd w Yemg L.-A S ey_ Thamaa O Ylolpert,Protea torlol Eng4ieor O DNylea E.Adana,Proteeeionol E-rlyiro.r a R%xrt tr Te..Ar hiteet Reba'!StrornW,Mchlfnet � rn W s CERTAIN AREAS 5OUTHOLD SAY VICTOR d MIRA R MARY 3PA •,9,99 S0.FT AREA OF TRANSFER .5,210 9R7 F $ ys(`tl` .70399 SM rr. rho wN, 1}1 yJ1ARADJSZ POINT M IN ROAD! •20A•12 SO FT. V_ •5210 90 Fr. •29,-52 S0.FT 140T KEY MAP . ... SCALE.1••600' • SUBDIVISION-MAP OF 5EGTI014 ONE,PARADISE POINT•PILED IN THE CE OF THE CLERK OF SUFFOLK COUNTY ON APR.II,1969 PS FILE t17 566'42'04'W //lam, • THIS 9u/r.VEY PREPARED unLIZINO C-OWaTnONAL wan SURVEY 132' Nab°45'16'E 199.36' TECMNIGtJES,RECORD SURVEYS AtD RECORD SUBDM910N HAP. 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W 6yP, I A99CCIATICN.INC.THAT11119PRAC/EY SPFIEPARm IN 6 Repu µ ` TS$o, I `o ton' o, UI U�4t AccoRDANce Y+ITN TNe cobs cP PRAcncE FOR t.Atro SURVEYS ??eo• m �� e.VICTOR J.ZUPA d MARY ZUPA j j I o I i PROFESSIONAL BY THE LAND YORE.STATE A55ocunoN cP EXISTING 57 �" '; PROFC-551oNAl L.A.ND SURVEYORS r LO LINE 10/9q j j I j Q 'F;•%) Y- 3 a q -_"" nYe eF i''0P 1 lolsr sea°16vo eI p \p�4'`Y \"4�. ��4 � 'i�� l/y�� �g•�m _ 585°44'40"E 100.00' -�I- -Na3°26'50•E _ _ _ - -�.- _ _ 10003' pARApISE pe0IUN7�'d Owner. t1OYTAf10 w YGN6,W L9 45849 ASSOCIATION,INC. 3 ve 699 Nal'ZH' LOT LINE aa°e+.+r . g 1,� ROAD r 0 /i�� 1734 � �� °40rj9„3.1Y2pR v M7424 LAJII`t LVAD �;5 aL 8 9 ry!f 70ryy SASIN ROAD A5 SHONW ON EURVEY FOR s� yA. N um lop 00' ONE "PARADISE POINT-POP OINT' W \ PARADISE POINT Iasi, 00." N Nas'4440•W 10116' 6'10"W w s�??�•,9'w a9 3= � 10963' 563°26 sow es.9r ASSOCIATION, INC. / At E,a View,Town of Southold N7s*-74/H" j Suffolk County,New York loos I LOT LINE MODIFICATION A LP j 1000 al OI 161 3 yY Lot 5 I County Tax Map —1000 a.n•"al a«i 03 am P/0 29 Map of Section One,°Paradl"Point" HAP PREPARED FEE 21,2015 Sul'Polk County Flle No.3961 Lot b Record a Revbione Map oP 3ectlon One,7aradbe Polnt' Rsv15+oN DATE SuPPolk Count]Flle No 3961 'HE__'n. i• R Y4M4 rAP mT SEPTII 2019 BA51N •�, i 50 o Is 50 60 90 •�• ! � Scale.I•a 30' 2004_0_o051. 01-_0127_IM I Q I TOWN OF SOUTHOLD ZONING BOARD OF APPEALS ( � SOUTHOLD,NEW YORK pa f Pa V-OJ S s AFFIDAVIT OF Ir the7Matter of the Application of MAILINGS - - (Name of Applicants) SCTM Parcel# 1000- COUNTY OF SUFFOLK �� G STATE OF NEW YORK 1 -- 17-3l�tA 44JA� residing at New York, being duly sworn, jeposes and says that: { On the � y of , 20! �I personally mailed at the United States Post Office in .,km ® '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 ( )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) 'hSworn to before me this CONNIE D.BUNCH arj`t►1 day of Qt , 20 Notary Public,State of Now York No.01 BU6186050 Qualified in Suffolk County Y 1 X Commission Expires April 14, (Notary Public) PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. , • I COMPLETE THI SEN Dtk: CO�tTE'THIS SECTION,-, . 19 Complete items 1,2,and 3. A. s natu ' E3 Agent ■ Print your name and address on the reverse X ! Addressee so that we can returh the card to you. C. Date of Delivery ■ Attach this card to the back of the mailpiece, B.Received byf e) or-on the front if space permits. 1. Article Addressed to: D. Is delive ress different from',item 1? 13 ye If YES, to deliv'eryiaddress below: p No 3.1 II I IIIIII IIII III I II I it II I II I I I I I I!II II 111111II Service Type ❑Priority Mail Express- El ❑Adult Signature 13 Registered MadTM ❑adult Signature Restrricted Delivery 13 Registered Mail Restricted 9590 9402 3537 7305 0557 64 ❑Certified Mad- Delivery Deliveryy Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise ❑Collect on Deliver) Restricted Delivery ❑Signature ConfrmationTM 2. Article Number(transfer,from service label) ----bd Mail. ❑Signature Confirmation Q' ?L53 I`�8 01' i ¢ ed M@l,Restrioted Deliveryi, Restricted Delivery t 7 017 8 D a Qt ) ]$500, i I.1°�•aiRI 1 � PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt) SENdffA; ■ Complete items 1,2�and 3. A. sl f gent ■ Print our name and address on the reverse EAddre Y � 2 ❑ gent Addressee so.that we can return the card to you. ■ Attach this card to the back of the mailpiece, B ived by(Prin Name) C.`� to of Delivery or on the front if space permits. C /" 1. Article Addressed to: D. Is delivery address ifferent from item 1 Yes (I If YES,enter delive address below: No II I IIIIII IIII III I II I II II I II I I it I lI Iq (IIII III 3. Service Type ❑•pnority Mail Express- y AdC e nature Restricted De yery b" egisteed Mail Restricted gM�urhtfiS1D 7 9590 9402 3537 7305Q� 1El ail Restricted Delivery ❑.Return Receipt for 1 ❑Collect on Delivery v. Merchandise II ❑Collecton,Deilvery:Restlicted Delivery: ,❑ ignatue ConflrmationT"' , 2. Article Number(Transfer fro) '1 1v bq0- ured Mad i r' ❑Signature Confirmation [ 7 016 '13?[] 0 0 0 0 C t �l'vn# 'U 3 8+ �ured Mail Restricted Dehvery Restricted Delivery jer$500) Ps Form 3811,July 2 -0 - -9053 Domestic Return Receipt Suffolk Environmental Consulting, Inco Newman Village,Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President VCERTIFIED MAILING ,` --7 July 12, 2018 1,700 Basin Road Realty Trust Attn:Shane Curcuru 47 Chester St Arlington, MA 02476-7606 Re: 580 Basin Road, Southold SCTM#1000-81-1-16.17 and p/o 29 Dear Neighbor(s), This Firm represents the owners of the above referenced properties. These properties will be the subject of a Public Hearing before the of the Southold Zoning Board of Appeals,at Town Hall located at 53095 Main Road, Southold on Thursday, August 2, 2018, at approximately 11:15 AM. Accordingly, please find enclosed herewith: (1) Legal Notice concerning subject application; and (2) Reduced copy of the Survey of subject property, prepared by YOUNG AND YOUNG, Land Surveyors, dated February 21, 2018 indicating the project specifications. Please review and should you have any questions, please feel free to contact this office at any time. Thank you as always for your attention and consideration. Sincele", Bruce A.Anderson Suffolk Environllllfle>I W Consulting, Inco Newman Village,Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President Via CERTIFIED MAILING July 12,2018 AR AN BHA LLC 666 Fifth Ave New York, NY 10103 Re: 580 Basin Road,Southold SCTM#1000-81-1-16.17 and p/o 29 Dear Neighbor(s), This Firm represents the owners of the above referenced properties. These properties will be the subject of a Public Hearing before the of the Southold Zoning Board of Appeals,at Town Hall located at 53095 Main Road, Southold on Thursday, August 2, 2018, at approximately 11:15 AM. Accordingly, please find enclosed herewith: (1) Legal Notice concerning subject application; and (2) Reduced copy of the Survey of subject property, prepared by YOUNG AND YOUNG, Land Surveyors, dated February 21, 2018 indicating the project specifications. Please review and should you have any questions, please feel free to contact this office at any time. Thank you as always for your attention and consideration. ncerely, f Bruce A.Anderson Suffolk Environmental Consulting, Inco Newman Village, Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President Via CERTIFIED MAILING July 12,2018 �1 U Elizabeth Neville Southold Town Clerk P. O. Box 1179 Southold, NY 11971 Re: 580 Basin Road,Southold SCTM#•1000-81-1-16.17 and p/o 29 Dear Ms. Neville, This Firm represents the owners of the above referenced properties. These properties will be the subject of a Public Hearing before the of the Southold Zoning Board of Appeals,at Town Hall located at 53095 Main Road, Southold on Thursday, August 2, 2018, at approximately 11:15 AM. Accordingly, please find enclosed herewith: (1) Legal Notice concerning subject application; and (2) Reduced copy of the Survey of subject property, prepared by YOUNG AND YOUNG, Land Surveyors, dated February 21, 2018 indicating the project specifications. Please review and should you have any questions, please feel free to contact this office at any time. Thank you as always for your attention and consideration. Sincere)y, (, �l Bruce A.Anderson r #0002239140 ' STATE OF NEW YORK) W � )ss: OUNTY 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 07/26/2018 Principal Clerk Sworn to before me this day of d' . CHRIS OLINSKI NOTARY PUBLIC-STATE OF NEW YORK No 01V06105050 Quallfled in Suffolk County My Commmlon Expires February 28,2020 f TYPESET: Mon Jul 16 12 50 01 EDT 2018 and the Building Inspector's January 16, 10 feet; 2) additions to the single family LEGAL NOTICE 2018, Amended February 27, 2018 and dwelling less than the code required mim- SOUTHOLD TOWN ZONING March 5,2018 Notice of Disapproval based mum sideyard setbackof 15 feet,at:65 Corey BOARD OF APPEALS on an application to demolish an existing sin- Creek Lane Road, Southold, NY. THURSDAY,AUGUST 2,2018 gle family dwelling and construct a new sin- SCTM#1000-78-4-30 PUBLIC HEARINGS gle family dwelling and in-ground swimming The Board of Appeals will hear all persons or NOTICE IS HEREBY GIVEN,pursuant to pool, at- 1) proposed dwelling located less their representatives,desiring to be heard at Section 267 of the Town Law and Town Code than the code required 100 feet from the top of each hearing,and/or desiring to submit writ- Chapter 280(Zoning),Town of Southold,the the bluff,2)proposed swimming pool located ten statements before the conclusion of each following public hearings will be held by the in other than the code required rear yard, hearing Each hearing will SOUTHOLD TOWN ZONING BOARD OF located,at 1800 Hyatt Road,(Adj.to Long not start earlier than designated above Files APPEALS at the Town Hall, 53095 Main Island Sound)Southold,NY SCTM#1000- are available for review during regular busi- Road,PO. Box 1179, Southold,New York 50-1-4. ness hours and 11971-0959,on THURSDAY,AUGUST 2, 11:15 A.M. - MARY ZUPA/PARADISE prior to the day of the hearing If you have 2018. POINT ASSOCIATION #7186-Request questions,please contact our office at,(631) 9:30 A.M. - LYNN M.C. O'NEILL, for a Variance under Article III, Section 765-1809, or by email- KimF@ TRUSTEE #7174-Request for Variances 280-14 and the Building Inspector's April 3, southoldtownnygov from Article XXIII,Section 280-124 and the 2018,Amended April 16,2018 Notice of Dis- Dated.July 19,2018 Building Inspector's March 23,2018,Notice approval based on an application to permit a ZONING BOARD OF APPEALS of Disapproval based on an application for a lot line modification;at- 1)proposed newly LESLIE K A N E S W E I S M A N, building permit to legalize as built additions created lot having less than the code required CHAIRPERSON and alterations, and to construct alterations minimum lot size of 80,000 sq ft;located,at. BY:Kim E.Fuentes (raise and move)to an existing single family 580 Basin Road, (Adj. to Southold Bay) 54375 Main Road(Office Location) dwelling,at; 1) less than the code required Southold,NY SCTM#1000-81-1-16.7. 53095 Main Road(Mailing/USPS) minimum side yard setback of 10 feet,2)less 1:00 P.M. - VIRGINIA GILMOUR/ P.O.Box 1179 than the code required minimum combined ROBERT WHITE (JESSE DORFMAN Southold,NY 11971-0959 side yard setback of 25 feet;at-205 Fisher- CV)#7185-Request for a Waiver of Merger 2239140 man's Beach Road,(Adj to Cutchogue Har- petition under Article II,Section 280-10A,to bor),Cutchogue,NY.SCPM#1000-111-1-39 unmerge land identified as SCTM No. 9:45 A.M. - FREDERICK AND DALE 1000-144-3-27, which has merged with STANLEY#7180-Request for Variances SCTM Nos. 1000-144-3-28 and from Article III, Section 280-15; Article 1000-144-3-35,based onthe Building Inspec- XMII,Section 280-124;and the Building In- tor's April 13,2018 Notice of Disapproval, spector's March 23,2018,Notice of Disap- which states that a non-conforming lot shall proval based on an application for a building merge with an adjacent conforming or non- permit to construct additions and alterations conforming lot held in common ownership to an existing single family dwelling;at, 1) with the first lot at any time after July 1,1983 additions to the dwelling located less than the and that non-conforming lots shall merge un- code required minimum side yard setback of til the total lot size conforms to the current 15 feet,2)existing accessory shed located in bulk schedule requirements (minimum other than the code required rear yard; at 40,000 sq ft.to the R-40 Residential Zoning 2485 Bay Avenue(Adj to James Creek),Mat- District),located,at 350 Bartley Road,Mat- tituck,NY SCTM#1000-144-4-6 tituck, NY. SCTM Nos.1000-144-3-27, 10:15 A.M.-ELIZABETH E.MACEDO- 1000-144-3-28 and 1000-144-3-35 NIA AND THEODORE N. 1:15 P.M. - BRIAN AND ELIZABETH PAPADOPOULOS #7182 - Request for WILHELM (CV), #7187 - Request for Variances from Article III, Section 280-13; Variances from Article XXIII, Section Article III,Section 280-15,and the Building 280-124 and the Building Inspector's April Inspector's April 10, 2018, Notice of Dis- 11,2018,Notice of Disapproval based on an approval based on an application for a application for a building permit to construct building permit to construct an accessory in- additions and alterations to an existing single ground swimming pool and the conversion of family dwelling; at, 1) less than the code an accessory building to pool house,at, 1) required minimum front yard setback of 35 more than the code permitted one dwelling on feet,2)less than the code required minimum each lot,pool house by design constitutes as a rear yard setback of 35 feet, at 220 Upper second dwelling, 2) proposed in-ground Shingle Hill Road, Fishers Island, NY swimming pool located in other than the code SCI'M#1000-9-1-14. required rear yard, 3) proposed pool house 1:30 P.M.-MARGERY RIFKIN DAVID located in other than the code required rear AND REUBEN J. DAVID #7168 - (Ad- yard,at.4175 Old Jule Lane,Mattituck,NY journed from July 5, 2018) Request for a SCTM#1000-122-5-13 3. Variance from Article III, Section 280- 10:30 A.M.-PATRICIA C.BOOTH RE- 13(A)(6)e,and the Building Inspector's Feb- VOCABLE TRUST#7183-Request for a ruary 13,2018,Notice of Disapproval based Waiver of Merger petition under Article II, on an application for a building permit to Section 280-10A,to unmerge land identified legalize an"as built"accessory apartment in as SCTM No 1000-67-4-16 which has an existing single family dwelling,at,1)"as merged with SCTM No. 1000-67-4-9,based built"accessory apartment exceeds 40% of on the Building Inspector's April 11, 2018 the livable floor area of the existing dwelling Notice of Disapproval, which states that a unit, at 1130 Glenn Road, (Adj. to West non-conforming lot shall merge with an adja- Creek)Southold NY SCI'M#1000-78-2-29 cent conforming or non-conforming lot held 1:35 P.M.-BRIAN MORRISSEY#7177- in common ownership with the first lot at any (Adjourned from July 5,2018)Request for time after July 1, 1983 and that non- Variances from Article III, Section 280-15; conforming lots shall merge until the total lot Article XXIII, Section 280-124, and the size conforms to the current bulk schedule Building Inspector's January 26, 2018, requirements(minimum 40,000 sq ft.in the Amended March 28,2018 Notice of Disap- R-40 Residential Zoning District),located,at proval based on an application for a building 265 Bums Place,Pecomc•NY SCTM Nos permit to construct additions and alterations 1000-67-4-9 and 1000-67-4-16 to an existing single family dwelling and to 10:45 A.M. - SIGURDSSON BALDUR, legalize an existing 100 sq ft accessory shed, LLC,/WADE GUYTON, MGR. #7184 - at, 1) accessory shed located less than the Request for Variances under Article III,Sec- code required minimum rear yard setback of tion 280-15;Article XXII,Section 280-116A, ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net July 9, 2018 Re: Town Code Chapter 55 -Public Notices for Thursday, August 2, 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 July 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 July 23rd: 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 July 25th: 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 July 31, 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+IuTI ('. E U' F HEA' R1i4 (J' The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold : NAME : ZUPA , MARY/PARADISE POINT ASSOCIATION # 7186 SCTM # : 1000-81 - 1 - 16 . 7 VARIANCE : SIZE OF NEW LOT REQUEST: LOT LINE CHANGE DATE : THURS. , AUG . 21 2018 11 : 15 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 y OF APPEALS Town Hall Annex, 54375 NYS Route 25 ZONING BOARD c P.O.Box 1179 Leslie Kanes Weisman, Chairperson to = Southold, New York 11971-0959 %0-- Fax(631)765-9064 y�01 �aO� Telephone (631)765-1809 - - -- ----- - - APR 2 4 2018 MEMO Southold Town Planning Board TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: April 24, 2018 SUBJECT: Request for Comments ZBA# 7186 ZUPA, Mary & Paradise Point Association (1000-81-1-16.7) The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. APPLICANT TAX# ZBA# HEARING CODE DATE OF PREPARER ZONE DATE SECTION STAMPED OF SURVEY DIST SURVEY/SITE PLAN ZUPA, Mary 1000-81- #7186 August 2, Article III Feb. 21, 2018 Young & & Paradise 1-16.7 2018 Section 280- Young Point 14 Association Your comments are requested 1 week prior to hearing date. Thank you. Encls. ZONING BOARD OF APPEALS �O G'f� Town Hall Annex, 54375 NYS Route 25 cz P.O.Box Leslie Kanes Weisman, Chairperson C4 Southold,New Yorkk 11 11971-0959 O Fax(631) 765-9064 y�01 �aO� Telephone(631) 765-1809 E C E 1J EAPR:244 2018 April 23, 2018 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. #7186 ZUPA, Mary Dear Mark: We have received an application for a lot line change. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson 1 By: - - O�OSVFFO��-co ZONING BOARD OF APPEALS o� Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 Leslie Kanes Weisman, Chairperson CO 2 Southold,New York 11971-0959 O Fax(631)765-9064 y�O1 �ao� Telephone(631)765-1809 April 23, 2018 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 # 7186 Owner/Applicant : Zupa, Mary Action Requested: Lot line change. 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 ZBAC it er on By: Encls. SURVEY OF PROPERTY NOTES:1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM. SI T UA TED A T EXISTING ELEVATIONS ARE SHOWN THUS: BAYVIEW EXISTING CONTOUR LINES ARE SHOWN THUS: - TOP OF BULKHEAD - 80TTOM OF BULKHEAD 2. FLOOD ZONE INFORMATION TAKEN FROM: TOWN OF SOUTHOLD FLOOD INSURANCE RATE MAP No. 36103CO167 H ZONE AE: BASE FLOOD ELEVATIONS DETERMINED SUFFOLK COUNTY, NEW YORK ZONE X': AREAS OF 500-YEAR FLOOD; AREAS OF 1% ANNUAL CHANCE FLOOD WITH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN S.C. TAX N O. 1000-81 -01 - 16.7 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE FLOOD. ZONE X: AREAS DETERMINED TO BE OUTSIDE THE 0.2% FLOODPLAIN. SCALE 1 "=30' ZONE VE: COASTAL DWITH LHAZARD (WAVE ACTION); BASEFLOOD ELEVATIONS DETERMINED JANUARY 7, 2002 JANUARY 29, 2002 REVISED LOT AREA NOTATION FEBRUARY 14, 2002 REVISED DRIVEWAY LABELS MAY 15, 2002 LOCATED WETLANDS & ADDED TOPOGRAPHICAL SURVEY JUNE 1 , 2002 ADDED SITE PLAN AUGUST 5, 2002 REVISED WETLANDS LINE, SITE PLAN & ADDED TEST HOLE No. 2 AUGUST 26, 2002 ADDED PROPOSED SEPTIC SYSTEM JANUARY 23, 2003 ADDED DRYWELLS & HAY BALES NOVEMBER 12, 2003 REVISED PROPOSED HOUSE S 89'23'08 E JUNE 6, 2007 REVISED TO SHOW PROPOSED LOT LINE CHANGE AT BASIN ROAD & UPDATED SURVEY FOR LOCATIONS OF NEW STRUCTURES 21 .63' JULY 23, 2008 ADDED PRESCRIPTIVE EASEMENT OCTOBER 7, 2008 ADDED METES AND BOUNDS FOR PRESCRIPTIVE EASEMENT N FEBRUARY 9, 2009 UPDATE SURVEY Z APRIL 15, 2009 ADDED PROP. CONVEYANCE AREA o N FEBRUARY 3, 2010 LOCATED NEW DOCK & PLANTINGS MARCH 31 , 2010 REVISED SEPTIC SYSTEM 00 �! AUGUST 2, 2010 ADDED DRAINAGE CALCULATION AUGUST 12, 2010 ADDED TRENCH DRAIN z rn - OCTOBER 1, 2010 REVISED PROPOSED HOUSE o rri DECEMBER 2, 2010 SET FOUNDATION NAILS IN FOOTING cc, DECEMBER 8, 2010 SET FOUNDATION LOCATION I� o � A o JUNE 3, 2011 FINAL SURVEY 5 oLn a 8 OCTOBER 23, 2011 UPDATE FINAL SURVEY EA� II c NOVEMBER 6, 2011 STAKE SOUTH LINE OF DRIVEWAY oN MAY 10, 2018 BASIN ROAD MODIFICATION 0 p CER TIFIED TO: z Z = CHICAGO TITLE INSURANCE COMPANY D MARY S. ZUPA 0 mo LOT AREA INCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = )3?df5 ° q. ff. or THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES) D LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 11�',��5agq. ff. =r Z THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES) o� N L4LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 68,070 sq. ff. N O THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES) LAI L4 AND THE WETLAND PORTION OF THE LOT W OO V S ' SO Uw il '2.0947 , 11-1 OLD BAY N £ (TOWN HARBOR) BULKHEAD� �z � N/�N WAR ARK AG 0 Imo NG BU�NfAo 2,4), N 88'45'16" E 197.36' WOOD BULKHEAD Cr NEW C-LOC BULKHEAD O a o a WOOD TIE WALL • Z ' I I O I BULKHEAD (,J v 0.9'E. TOE OF BANK I I ^ SEPTIC SYSTEM TIE MEASUREMENTS m I I of I I I HOUSE w joP e CORNER HOUSE �A CORNER I N CL FOUND SEPTIC TANK it IN IN I PIPE OUTLET COVER 27 25, Z _ vj TEST WELL I" I� i LEACHING POOL r rn = moll p - zZ-0I I Ica DRYWELL- COVER 1 39' 29' o S o80� I Ir 1 LEACHING POOL 39' 43' > 1 p ' �? COVER 2 C ��z-ar to I y-i y 75' r mA m I I WALLS WOOD STEPS LV i •� d METAL FENCE L 1 STONE COPING WOOD D CK A �ROPANEER OUND RICK n w 27.2 w TANK CAP 8 INGROUND POOL ATIO 0z 21 O' o o G 21.0' (] I 0Ica: 77 CPQ p o 1 GENERATOR o.z LEACHING U .� C6' q} A -UNITS R COND. POOL #2 V ❑ ry < -- N N • � \� Z � 00 DRYwELLS Z ^= 2 STORY FRAME HOUSE N J sEPrlc 0 O • TANK W I QI2ATE l. .n. I� / ' CONIC " m El LEACHING v N q V 3 a 6p�)... : ..."/ �': 'APRON Z POOL #1 1 SPO DRIVEWAY (UND CONSTRUCTION) �m ,o 29.2' 29.1' BE ONE LL ONE _00'Goo, WWASTONE N�• f q � w k' BRICK ROOF OVER If B WALK CONIC. STOOP DRYWELL ry C j A4?OF UTILITY S . %6 POLE DRIVEWAY "01 4 24 „ Z N 6'Loi SqL 6U LAL 7 ON Y s�02 OLevii �4P WIRE 4 , 9,17bs� STgk 16.49 0 E CSS W f�Cl N V Z 2 y s PING 23.0 BLOCK )5 oCc IVG O u1 Od EP B WAL 8?p.� LowgTeR W W -' �' n 9 8 �,, `0f o \ ,�� PI CURB 68�. "C �E M H C�I� ¢O ) O m �Y \ \ �� \��RN / W w A UTI �p c �, 1� e 41IT fs �� LOCK f wq h uL L�p0 tp� h� Fuc ps oy QL Pik ��' c�� N 21'51'03" E BC�w�L\ NF s t!s RE. �O z oz�F�cyD d� � CONc. BLOCK WALL \ \ w aq,�o � pLAW '��• Z FLAG /4yo83 tea qT 200'00' JflO�P6 rcrPA\� y�b q` LpG �� •Olb rOh DRAIN OTE Q; FUG 15 9 S, 6 a \ / STEPS �� �\ W 4t 3� f7 ASPI1gCT R 09 N Z s�dl�+ �) JNo �� LMLrfy �\\ J y�f SWAY 00 O) T 6 FOQE 01 00 CONIC. ALES \\�� COUND � NT 'ISP'kT C O W W FLAG 1'3 Q \NO M� K OP OF BANK `���� ONC' MON. 0'�c URB Pj WZ of� pBN Fp ASWBOTTOM OF BANFUGWe00 77E WA)�R/N OA 0 6 0 S O N) \\ E e 20p2 N� 1 N BULKh TRfET N 0O %C-0 DOCK \ ON� OP OF 1,2►1',' 68'3E+o C/NnWOO TIE 483.27' 0' Z \ • �� MP Z 49 8 26 H W� S S '27 w ' eta O No a \ Fuc �2 _ PENT �° S 6 69•x' oV 0'1S' M ?a'?sEi i�Noq ' S NG0 v • O " 2 �; �fC N Ry PREPARED IN ACCORDANCE WITH THE MINITITLE MUM ` V 21MPRK '•3S OA7 STANDARDS FOR E SURVEYS AS ESTABLISHED IZ� S� MGH W BY THE LIALS. AND APPROVED AND ADOPTED N Ma '66+, N 3 N -4 o FOR SUCH USE BY THE NEW YORK STATE LAND " TITLE ASS y �1� o m� lk .�j) _ FLOq)yNG Mme/ �� WOOD DSK V OfX, : 00LO 20 ^ v v O �a � Z� Z or 2 3 $� pq x+57 Q n N.Y.S. Lic. No. 50467 a oQ. Nathan Taft Corwin III UNAUTHORIZED ALTERATION ADDITION Y TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE J EDUCATION LAW. 4 Land Surveyor COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. J. Isaksen, Jr. L.S. CERTIFICATIONS INDICATED HEREON SHALL RUN Successor To: Stanley ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A. Ingegno L.S. IS PREPARED, AND ON HIS BEHALF TO THE TITLETitle Surveys - Subdivisions - Site Plans - Construction Layout COMPANY, GOVERNMENTAL AGENCY AND Y Yo LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 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 Jamesport, New York 11947 Jamesport, New York 11947 ANY, NOT SHOWN ARE NOT GUARANTEED. 04 {� K��`. �;Sim y � �-�. �� ������ •V LOP LIT . . .. ' I PC At 24.7 -� j3W& WALL - � "- � QNPAD Al ANK CIO �{ lom BY �ft- 41� lag ,. - i 6, a ' Ogg ' �� (1 VIOLATION UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW.(2)DISTANCES SHOWN HEREON FROM PROPERTY LINES TO EXISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABLISH PROPERTY ONES OR FOR ERECTION OF FENCES.(3)COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSEI iHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY.(4)CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE PRE COMPANY,GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON,AND TO THE ASSIGNEES OF THE LENDING INSTITUTION CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. (5)THE LOCATION OF WELLS(W),SEPTIC TANKS(ST)h CESSPOOLS(CP)SHDkN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS 400 Ostrander Avenue, Riverhead, New York IIQ01 58q°23'08"E N tel. 651.'12-7.2503 fax. 631.72'1.0144 21.63' admin®youngengineering.Com NSOUTHOLD BAY 4yY Howard W. Young, Land Surveyor o z Thomas G. Wolpert, Professional Engineer ➢ sl Douglas E. Adams, Professional Engineer O O S A Robert 0. st, Architect o (CI �, ` Robert 5t ms BASIN a ki, Architect Ul CIP T- 171 �O oQ CERTAIN AREAS 5OUTHOLD E3AY v 2� VICTOR J. ZUPA 4 MARY ZUPA = ?5533 50- FT. S AREA OF TRANSFER = 5,253 50. FT. '10,250 SO. FT. O (p PARADISE POINT (BASIN ROAD) = 20512 50. FT. AREA OF TRANSFER = 5,285 5a. FT. = 25,77[5 50- FT. KEY MAF' NOTES NI SCALE: I"=600 2 O �FLiNF * SUBDIVISION - MAP OF SECTION ONE, "PARADISE POINT" FILED IN 9 47'F MgRKNs Him THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON APR. 11, I165 AS 586°42'04"W / $o " FILE NO. 5'761. 1.32' ff) * THIS SURVEY PREPARED UTILIZING CONVENTIONAL FIELD SURVEY L6TECHNIQUES, RECORD 5URVEY5 AND RECORD SUBDIVISION MAP. -- 4 tF j eut man LEGEND 1 — I r RO = ROOF OVER I GRT = GONG. RETAINING WALL O I !n = WELL DI fj �Q`, = DRAINAGE INLET PIPE C-0-3 ` U-C! = UTILITY POLE ,Y' l TEST WELL O �� 6��r� l = MONUMENT SET + Z oI • � I = MONUMENT FOUND APR � �I `�()�i� = STAKE SET +, ® = STAKE FOUND r -P I cA u BGOR s :> t, i � �(�C'�TI*o,(QUI",Icl.p C)�/,�I t~C�: = 13U1LDING CORNER O rvwv� = EDGE OF WOOD5 -1 I POOL •�- i I O WOOD,— I K PS rL EF EARTH PAVEMENT EQUIP. METAL FENCE UNDERGROUND WOOD DESTEPS BRICK ° ANE K 6s s Ii O 1` = GP GONG. PAVEMENT POOL PATIO o TANK O STONE PAVEMENT -- --- o- ------ GEN. = O ----- Z L O L L 6 WV = WATER VALVE r II I.q-------- ------ - m o o IY N U I _ _ o NMI = WATER METER 70 I ODD EJ, L K f I AG = A5PH. CURB 3 Cp ----�- -- I d L L ] tf N - y ► E'o I L__ 2 STORY FRAME HOUSE O CT O v I Qj > 11L I N r N i- !L - EB = ELEC. BOX W/ GARAGE UNDER ❑z 0 4 O m I ED I I Ol C3 E7 = SIGN !1 ® ❑ 0 I J O © I z° ; B z° i EOP = EDGE OF PAVEMENT m Q,r �� Z ? (O EOP EDGE OF PAVEMENT o U S� s 6� i 1 �ry, ai I — _ — = HYDRANT - _ --------- yYO ----- O�6 -----o � O C O i, 1L �y NI ; WALK EB SPIt GOT cn o vL o o I O SURVEYOR'S CERTIFICATION Al- /4 -� ,,^^lD PIPE c �/ I r� I a V I O I Q 0 /4 7Q, �_ \J ROADWAY 3.Op 874°��, I •'- I O I V i i O ti,onu4dH °O RSO --\ 76 �O"� to O I V I `� WE HEREBY CERTIFY TO PARAD I S E PD I NT N g Re uted Owner: iv �s '49 I I 4-. > I N 1 L ASSOCIATION, INC. THAT THIS SURVEY WAS PREPARED IN 0 ACCORDANCE WITH THE CODE OF PRACTICE FOR LAND SURVEYS of N6`�98 ry�� �� T \ p �+ ADOPTED BY THE NEW YORK STATE A550GIATION_.OF—CF , 600' ��. ��, � VVIGTOR J. ZUP�4 M�4RY ZUPA �4 4a I _ oyh rtaL� ry/� 740 / I i PROFESSIONAL LAND SURVEYORS. '"..�. 6� g p EXISTING S 0 r , s p LOT LINE T ofCL ROADWAYi/.- \ 1 l'Y/ M T / ' to Ty F� O I o 1 .;1•. 9 00, "��} �� �D� WGOD 8'4S/ D Mo,� 6 °44 40 E I 101.81' =� STEPs< 585 1 11 11C GP / a-tW 100.00' 1.183°26 50 •� < ���_ ,, -� �� GP� � � .. _ .._ ..deputed-Own ---.. —� . - -. _ --- - - -- - - - — - - _ -- _ — _ - — er: - - HOWARD W. YOUNG, N.Y.S. \ �,� LOTDLINED ROADY PARADISE POINT ASSOGI,4TION Na ------ If 81°fig ' -, � 02 , INC. '�- ''"541 ooY N8 ° ;aa o N74o � 511\l R o ROAD o Qq� Qo 3 40�g 11w A� 0 0 �4 20,E 8451 N ROAD N �► m /2o MAP OF SECTION ONE NN ON .8 5URVEY FOR -___--- s °/s o �� "�'AR 4D I SE POINT" N84° 11 �' FARAD 15E F0 I NT 43 �� 7'�o, M7o° $ o W � N85°44'40"W ° 11 101.16 16 10 y� 85 g2' �tS50G I T(ON INC. E F 5 0\e)\q W 8./3, $-34, W� lOq.63' SS3 2650 w i N 1V7 At Bayview, Town of Southold S°,24, I PO Qo y8,� � Suffolk County, New York N � �p 1 k LOT LINE MOD I F I GAT I ON z� I 1000 81 OI 16.7 o Lot S County Tax Map District 1000 Section 81 elock 05 Lot P/O 21 Map of Section One, "Paradise Point" I MAP PREPARED FEB. 21, 2018 Suffolk County File No. 5761 ; Lot 6 Record of Revisions Map of Section One, "Paradise Point" REVISION DATE Suffolk County File No. 3-7b1 IN O 0 o i3A5I N50 0 15 50 (20 CIO JOB NO-201-7-0127 DWG. 2004_0051_2017_0127_I1m 1 OF I BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson *0 SUUry� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes u, Town Annex/First Floor, Robert Lehnert,Jr. �O@ 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoOI,YP � ► Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 October 23, 2018 Bruce Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton,NY 11932 RE: ZBA Appeal#7186, Zupa 580 Basin Road, Southold, SCTM Nos. 1000-81-1-16.7 Dear Mr. Anderson; Transmitted for your records is a copy of the Board's October 18, 2018 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application, with copies forwarded to the Planning Board and Building Department. Please contact the Planning Department regarding the next step in this subdivision process. Sincerely Kim E. Fuentes Board Assistant Encls. cc: Building Department Town Clerk (Original for filing) Planning Board I � SOUTHOLD SEE SEC NO 133 /• 243 j sKorrQa¢ ,as $ 2BA(c) I � rr, 24 5 F. .28 „ `e• �— " to � I a �Zo � � so . r. 3 161 16.7 n 11 BASIN 2 3A(c) § 10 �' lb 157 156 155 163 •y - 0 `^� A 23A 18A 23A 23A(c) 41 R 25 1.4A(c) 13 9A 159 `rlry 7 a 1612° M1� ma 1 OA(c) / 16 ,m ` 5 ROBgVSOAM : 9 j 1 BA(c) 2BA(c) A g,o 28 75q (c) A , 152 � F 34A(c) �Y•/ SEE SEC NO 133 f/g& 157 a Sa /• 29A 153 a 2 x po kaj 13 / 1— Ili• 20A(c) F 14 g' 271 15A(c) $ 'B0 2.2A(c) 1 27.2 8 � P • `W� •i`•Q-� �V a 5 4A(c) 193 O 0 m, 3 5A(c) to 196 m I 3 7A 4 6.1A w 5 OA(c) o 194 ( , 3 SA(c) N Og j 22 r° 8 20 23 21 as T10 I M der � z i FOR PARCEL NO 17q(c) I SEE SEC NO N .I 079-08-016 1 24_ y I 23A I � I f I y 252 20q � 6 261 ay 3.3A I rosr� � i 31 x Immu•a --sw-- Wdan,O°°MW° --"-- uraessawvwon,�Mse.nuvaorFnnes NOTICE COUNTY OF SUFFOLK © K Y.t1HINT10:faLwaxaaO51WOf5 80 NlIM --F-- RtlmOWCOm --R-- - fi r µyyp MMNTENANCE,ILL TION.SMEOR _ ,Real PropertyTaXSernceAgency E �� M _ K�'� u•' _ - sOISTRISUIION OF/1NY PORTIONO jHE��:_, a T. -' - - -aKui... _ --'�taosu"awRw'"+,.aUaxr +n:v_ ,+wtee.`-_ - 6UF•'FO'COUK E..••• �i ;§„ "t'^Cou(iH COMagRlreltieaC:NY�19O1 (-+=• .� �tyis�a — � .vats._` `$�..:5.*.�Us.,` 'r�•Sr�Ji.'H�'re'v 'es:Y�6:�.�".i�£4�a°a�ii�tkwj� �k a