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ICkO� ,� tom, Nom - f�d1z s55 - riaw 2 tel • Wi M?n .5er, -Pit A 1p pr- 4cA7k7d- alat I q Appy: /1/icKo.Lflu_5, it//c.(� "1��97-iE .moi �7sss �o��o�,rw ASF �wT. �v .4b TtV Sec 2-90®K -Pit A1-7 Iii p I i r 09W- 1041 i ' fe 9 6 J -12 CHECK BOXES AS COMPLETED 61p) ( ) Tape this form to outsid, i - ( ) Pull-ZBA copy of ND ( ) Check fife boxes for prio 0Q CL Q n ( ) Assign next number on I 3 outside of file folder ( ) Date stamp entire origir file number 3 v o w � ( ) Hole punch entire origir ' :0:3n z (nn (before sending to T.C.) ' w m o � En Wm 0) C: ( ) Create new index card coo o -5- 0 i ( ) Print contact info & tap a v v z 3 ( ) Prepare transmittal to - -< 1 m ( ) Send original a PPlicatio D� � Q < � r' to Town Clerk o rn m Note inside file folder v and tape to inside of fc ( ) Copy County Tax Map: 0 neighbors and AG lots3 -n Make 7 copies and put ( ) Do mailing label V N , �dIAIIIY ��3►-,�r� BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �*OF SOUjy0 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dames Town Annex/First Floor, Robert Lehnert,Jr. �pQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento ���COUNTI Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD <;1Aj�0 a- a- m Tel.(631) 765-1809•Fax(631)765-9064 MAR 2 0 2019 a FINDINGS, DELIBERATIONS AND DETERMINATIO NSoulhold Town Clerk MEETING OF MARCH 14, 2019 ZBA FILE: #7241 (Amended) NAME OF APPLICANT: Katie Nickolaus, Alexandra Nickolaus Carnicom and Jamie Nickolaus PROPERTY LOCATION: 17555 Soundview Avenue, Southold NY SCTM: 1000-51-1-2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated October 19, 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 January 31, 2019. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT: The application was referred for review, site inspection and evaluation. In a response dated December 21, 2018, the coordinator observed that the proposed pool location is gently sloping away from the bluff face commented that the addition of the trench drains and the drywell to capture runoff and pool backwash will help to limit any additional water cresting over the bluff The 3,445 square feet patio will generate an overabundance of runoff if the surface is impermeable and may cause degradation over time with concentrated flow of water to a single drywell. It is recommended that the choice of masonry be one that has properties to allow for some natural drainage. Similarly, if the pool should ever need to be drained completely, it is suggested this be done in stages over time as to not cause seepage to the bluff face, which can cause vegetation to destabilize and the bluff to slide. PROPERTY FACTS/DESCRIPTION: The subject, conforming, irregular-shaped 114,234 square feet waterfront parcel (88,893 square feet buildable land) located in the R-80 residential zone, measures 130 feet along Soundview Avenue with a western lot line, along a residentially developed lot owned by Peconic Land Trust, Inc with a Conservation Easement, 275.31 feet that turns west and parallel to the shoreline 141.08 feet then continues north 315.44 feet to the Long Island Sound then runs east, in front of a rock revetment, 127.32 feet along a tie line along Page 2, February 21,2019,Amended March 14,2019 #7241,Nickolaus SCTM No 1000-51-1-2 the apparent high water mark, 126.25 feet and then an additional 48.69 feet before turning south along a residentially developed lot 239.06 feet and 287.72 feet back to Soundview Avenue. The property is developed with a two- story brick house with covered front entry stoop, a 1 story brick garage, and a one-story brick outbuilding as shown on the survey prepared by Nathan Taft Corwin, III, Land Surveyor and dated February 14, 2011, revised July 10, 2018. BASIS OF APPLICATION: Request for a Variance under Article II1, Section 280-15 and the Building Inspector's August 20, 2018 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool at: 1) located in other than the code required rear yard; located at: 17555 Soundview Avenue, (Adj. to Long Island Sound) Southold,NY. SCTM#1000-51-1-2. RELIEF REQUESTED: The applicant requests a variance to locate a 18.5 feet by 41 feet inground swimming pool and 7 feet by 7 feet spa in the side yard where Town code requires such improvements to be located in the rear yard. ADDITIONAL INFORMATION: Immediate neighbors spoke in favor of this application and requested that pool equipment should be placed in a sound-deadening enclosure and that a landscape buffer be required between residences, limiting noise and light intrusion to their property. Prior Zoning Board of Appeals relief was granted in 1989 for file #3824 and in 1990 for file 3868. Certificate of Occupancy Z-10423 issued March 19, 1981 acknowledges the residence was built prior to April 23, 1957 and included the accessory garage and a swimming pool. The applicant indicated that as part of a long-term site and bluff restoration, the prior pool was abandoned and the residence was relocated to its current location. In addition to restoring a swimming pool and spa accessory to the residence,the applicant proposes to install a 3,445 square feet on grade masonry patio surrounding the pool. The applicant remarked that in 2016, the Board of Trustees issued a certificate of compliance for the construction of 300 linear feet of stone of revetment along the eroding toe of the bluff. In addition,the Board of Trustees issued a non jurisdiction letter dated January 28, 2019, but commented that any activity and disturbance 100 feet landward of the top of bluff, such as clearing or removal of vegetation, is prohibited. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 7, 2019 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 because the subject property was historically improved with a swimming pool from 1974 until 2015, when it was demolished and removed in a multi-year effort to stabilize the bluff and relocate the residence. Furthermore, swimming pools are a common accessory structure in the surrounding developed shoreline community between Lighthouse Road and Clark Road, including the three developed properties immediately to the east of the subject. The landward relocation of the pool to the non- conforming westerly side yard does not adversely impact the neighborhood and is approximately 58 feet from the side yard lot line, more than twice the required setback for a swimming pool located in a front or rear yard. Furthermore, the area between the proposed swimming pool fencing and the westerly lot line is described to remain naturally vegetated. 2. Town Law 4267-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 of the irregular shape of the lot, a variance will be Page 3, February 21,2019, Amended March 14,2019 #7241,Nickolaus SCTM No. 1000-51-1-2 required for the replacement of the pool in either a conforming rear-yard, where it will intrude on the 100 feet bluff setback, or in the front yard, where it will not meet the bulk schedule requirement. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the proposed swimming pool is 58 feet from the westerly lot line and more than twice the distance a pool could be located from the same side lot line without a variance if it were located in the front or rear yard. Moreover, there is no potential `crowding' effect on the side yard from the perspective of the public roadways, as the pool will be separated from Soundview Avenue by more than 300 feet and obscured from view by the undisturbed natural vegetation and the adjacent conservation easement lands owned by Peconic Land Trust, Inc. 4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. The applicant cited multiple applications for relief from the code required bluff setback for swimming pools that were granted in the immediate vicinity, including Board decisions: 4976, 6221, 6237, 6750. Unlike most of these pools that were approved with bluff setback relief, the proposed pool is setback a conforming 101 feet from the bluff. 5. Town Law X267-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 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a inground swimming pool measuring 41 feet by 18.5 feet and spa measuring 7 feet by 7 feet while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairperson Weisman, seconded by Member Planamento, and duly carried, to GRANT the variance as applied for, and shown on the survey prepared by Nathan Taft Corwin, 111, Land Surveyor last revised July 10, 2018. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Pool mechanicals shall be placed in a sound deadening enclosure. 2. Install drywells for pool de-watering as per survey prepared by Nathan Taft Corwin, 111, Land Surveyor last revised July 10, 2018. 3. No disturbance or activity shall take place 100 feet landward of the top of bluff without further application to, and written authorization from the Southold Town Board of Trustees, as described in the Board of Trustee's letter of January 28, 2018. 4. Permeable masonry shall be installed surrounding the in-ground swimming pool as recommended by the Suffolk County Soil and Water Conservation District in their comments of December 21,2018. 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 Page 4, February 21,2019,Amended March 14,2019 #7241,Nickolaus SCTM No. 1000-51-1-2 Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. 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, Planamento, Acampora and Lehnert. Leslie Kanes Weisman, Chairperson G Approved for filing J / /0 /2019 BOARD MEMBERS ®f So Southold Town Hall Leslie Kanes Weisman,Chairperson ®moi ��®�® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �, Town Annex/First Floor, Robert Lehnert,Jr. " a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��c®U Southold,NY 11971 9 ED http://southoldtownny.gov QC IT ZONING BOARD OF APPEALS T_V1� 6 3:3a?M TOWN OF SOUTHOLD FEB 2 ^01-� Tel.(631)765-1809•Fax(631)765-9064 C.L. • Sou hold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 21,2019 ZBA FILE: #7241 NAME OF APPLICANT: Katie Nickolaus, Alexandra Nickolas Carnicom and Jamie Nickolaus PROPERTY LOCATION: 17555 Soundview Avenue, Southold NY SCTM: 1000-51-1-2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated October 19, 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 January 31, 2019. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT: The application was referred for review, site inspection and evaluation. In a response dated December 21, 2018, the coordinator observed that the proposed pool location is gently sloping away from the bluff face commented that the addition of the trench drains and the drywell to capture runoff and pool backwash will help to limit any additional water cresting over the bluff The 3,445 square feet patio will generate an overabundance of runoff if the surface is impermeable and may cause degradation over time with concentrated flow of water to a single drywell. It is recommended that the choice of masonry be one that has properties to allow for some natural drainage. Similarly, if the pool should ever need to be drained completely, it is suggested this be done in stages over time as to not cause seepage to the bluff face, which can cause vegetation to destabilize and the bluff to slide. PROPERTY FACTSIDESCRIPTION: The subject, conforming, irregular-shaped 114,234 square feet waterfront parcel (88,893 square feet buildable land) located in the R-80 residential zone, measures 130 feet along Soundview Avenue with a western lot line, along a residentially developed lot owned by Peconic Land Trust, Inc with a Conservation Easement, 275.31 feet that turns west and parallel to the shoreline 141.08 feet then continues north 315.44 feet to the Long Island Sound then runs east, in front of a rock revetment, 127.32 feet along a tie line along the apparent high water mark, 126.25 feet and then an additional 48.69 feet before turning south along a Page 2,February 21,2019 #7241,Nickolaus SCTM No. 1000-51-1-2 residentially developed lot 239.06 feet and 287.72 feet back to Soundview Avenue. The property is developed with a two- story brick house with covered front entry stoop, a 1 story brick garage, and a one-story brick outbuilding as shown on the survey prepared by Nathan Taft Corwin, I11, Land Surveyor and dated February 14, 2011, revised July 10, 2018. BASIS OF APPLICATION: Request for a Variance under Article III, Section 280-15 and the Building Inspector's August 20, 2018 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool at: 1) located in other than the code required rear yard; located at: 17555 Soundview Avenue, (Adj. to Long Island Sound) Southold,NY. SCTM#1000-51-1-2. RELIEF REQUESTED: The applicant requests a variance to locate a 18.5 feet by 41 feet inground swimming pool and 7 feet by 7 feet spa in the side yard where Town code requires such improvements to be located in the rear yard. ADDITIONAL INFORMATION: Immediate neighbors spoke in favor of this application and requested that pool equipment should be placed in a sound-deadening enclosure and that a landscape buffer be required between residences, limiting noise and light intrusion to their property. Prior Zoning Board of Appeals relief was granted in 1989 for file #3824 and in 1990 for file 3868. Certificate of Occupancy Z-10423 issued March 19, 1981 acknowledges the residence was built prior to April 23, 1957 and included the accessory garage and a swimming pool. The applicant indicated that as part of a long-term site and bluff restoration, the prior pool was abandoned and the residence was relocated to its current location. In addition to restoring a swimming pool and spa accessory to the residence, the applicant proposes to install a 3,445 square feet on grade masonry patio surrounding the pool. The applicant remarked that in 2016, the Board of Trustees issued a certificate of compliance for the construction of 300 linear feet of stone of revetment along the eroding toe of the bluff. In addition,the Board of Trustees issued a non jurisdiction letter dated January 28, 2019,but commented that any activity and disturbance 100 feet landward of the top of bluff, such as clearing or removal of vegetation, is prohibited. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 7, 2019 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 X267-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 because the subject property was historically improved with a swimming pool from 1974 until 2015, when it was demolished and removed in a multi-year effort to stabilize the bluff and relocate the residence. Furthermore, swimming pools are a common accessory structure in the surrounding developed shoreline community between Lighthouse Road and Clark Road, including the three developed properties immediately to the east of the subject. The landward relocation of the pool to the non- conforming westerly side yard does not adversely impact the neighborhood and is approximately 58 feet from the side yard lot line, more than twice the required setback for a swimming pool located in a front or rear yard. Furthermore,the area between the proposed swimming pool fencing and the westerly lot line is described to remain naturally vegetated. 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 of the irregular shape of the lot, a variance will be Page 3,February 21,2019 #7241,Nickolaus SCTM No. 1000-51-1-2 required for the replacement of the pool in either a conforming rear-yard,where it will intrude on the 100 feet bluff setback, or in the front yard, where it will not meet the bulk schedule requirement. 3. Town Law &267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the proposed swimming pool is 58 feet from the westerly lot line and more than twice the distance a pool could be located from the same side lot line without a variance if it were located in the front or rear yard. Moreover, there is no potential `crowding' effect on the side yard from the perspective of the public roadways, as the pool will be separated from Soundview Avenue by more than 300 feet and obscured from view by the undisturbed natural vegetation and the adjacent conservation easement lands owned by Peconic Land Trust, Inc. 4. Town Law X267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. The applicant cited multiple applications for relief from the code required bluff setback for swimming pools that were granted in the immediate vicinity, including Board decisions: 4976, 6221, 6237, 6750. Unlike most of these pools that were approved with bluff setback relief, the proposed pool is setback a conforming 101 feet from the bluff. 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a inground swimming pool measuring 41 feet by 18.5 feet and spa measuring 7 feet by 7 feet while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Planamento, seconded by Member Dantes, and duly carried, to GRANT the variance as applied for, and shown on the survey prepared by Nathan Taft Corwin, III, Land Surveyor last revised July 10, 2018. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Pool mechanicals shall be placed in a sound deadening enclosure. 2. Install drywells for pool de-watering as per survey prepared by Nathan Taft Corwin, III, Land Surveyor last revised July 10, 2018. 3. No disturbance or activity shall take place 100 feet landward of the top of bluff, as described in the Board of Trustee's letter of January 28, 2018. 4. Permeable masonry shall be installed surrounding the in-ground swimming pool as recommended by the Suffolk County Soil and Water Conservation District in their comments of December 21,2018. 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. Page 4,February 21,2019 #7241,Nickolaus SCTM No. 1000-51-1-2 Any deviation from the variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. 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, Planamento and Lehnert. This Resolution was duly adopted (4-0). (Member Acampora was absent) Leslie Kanes Weisman, Chai-merson Approved for filing �, /d S /2019 - - , ,-'��,��� ►�- ebb I-�r�,� 4- 'Michael J.Domino,President ��®� S®(/,�® Town Hall Annex John M.Bredemeyer III,Vice-President 54375 Route 25 P.O. Box 1179 Glenn Goldsmith Southold,New York 11971 A.Nicholas Krupski G @ Telephone(631) 765-1892 Greg Williams O Fax(631) 765-6641 COU La BOARD OF TOWN TRUSTEES l TOWN OF SOUTHOLD a� 1 January 28, 2019 Robert E. Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: NICKOLAUS, KATIE, NICKOLAUS, JAMIE, CARNICOM, ALEXANDRA 17555 SOUNDVIEW AVENUE, SOUTHOLD SCTM#: 1000-51-1-2 Dear Mr. Hermann: The Southold Town Board of Trustees reviewed the site plan prepared by Nathan Taft Corwin III Land Surveyor, last dated July 10, 2018 and determined that the proposed installation of an 18.5'x41' inground swimming pool located at least 101 feet from the bluff; a 2,060 sf portion of a proposed 3,445 sf on-grade masonry patio; pool equipment; a proposed 7'x7' spa and wood arbor; stepping stone and brick walkways; a 5'x6' landing with steps on the south side of the existing dwelling; a driveway extension; and drywells for potential patio runoff and pool backwash on the captioned property are out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code. Therefore, in accordance with the current Wetlands Code (Chapter 275) and the Coastal Erosion Hazard Area (Chapter 111) no permit is required. Please be advised, however, that no clearing, no removal of vegetation, no cut or fill of land or removal of sod, no construction, sedimentation, or disturbance of any kind may take place within 100' landward from the top of the bluff, or seaward of the tidal and/or freshwater wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, without further application to, and written authorization from, the Southold Town Board of Trustees pursuant to Chapter 275 and/or Chapter 111 of the Town Code. 2 It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, Michael J. Domino, President Board of Trustees MJD:dd 0,A5 h�� (�b l`"'OFFICE LOCATION: O��®f S®(/jyQl MAILING ADDRESS: p Town Hall Annex o P.O. Box 1179 54375 State Route 25 Southold,NY 11971 n, (cor.Main Rd. &Youngs Ave.) ria �e Southold, NY 11971 COQ Telephone: 631765-1938 COUNT 1,�� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEXV�D To: Leslie Weisman, Chairperson JAN 3, 12019 Members of the Zoning Board of Appeals ZONING BOARD OFAPPFALS From: Mark Terry, Assistant Town Planning Director LWRP Coordinator Date January 31, 2019 Re: LWRP Coastal Consistency Review for ZBA File KATIE NICKOLAUS,ALEXANDRA NICKOLAS CARNICOM AND JAMIE NICKOLAUS #7241 SCTM# 1000-51-1-2. KATIE NICKOLAUS, ALEXANDRA NICKOLAS CARNICOM AND JAMIE NICKOLAUS #7241 — Request for a Variance under Article III, Section 280-15 and the Building Inspector's August 20, 2018 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool at: 1) located in other than the code required rear yard; located at: 17555 Soundview Avenue, (Adj. to Long Island Sound) Southold,NY. SCTM#1000-51-1-2. 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 recommended as CONSISTENT with the LWRP. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy, Town Attorney ( � 19 ilcw Suffolk County SWCD �gy l 0 , CO Corey Humphrey,CPESC 423 Grilling Avenue t""`,!` District Manager Suite 110 (631)852-3285 Riverhead,NY 11901 ( -' f�p� "�'_ Rob Carpenter www.SuffolkSWCD.org Chairman Cn '•t,�.,, 1tl,C. CONS15N December 21, 2018 D C�XRVI Leslie K. Weisman Chairperson -DEC, 2 1 2018 Board of Appeals Town of Southold B --------------- P. 0. Box 1179 Southold, New York 11971-0959 Re: ZBA#7241 Nickolaus, Katie,Alexandra, and Jaime SCTM#1000-51-1-2 Dear Chairperson Weisman, Observations: In response to your request a site visit was conducted on November 29, 2018 to review and evaluate a proposal for the parcel located at 17555 Soundview Avenue In Southold.The property is located adjacent to the bluff along the Long Island Sound in a residential area. This site is the location for the proposal to construct and in-ground pool with 3445 masonry patio. At the time of the visit the yard landward of the bluff was well vegetated in turf grasses showing no apparent cause for concerns. There was no stairway access to the bluff therefore a close inspection of the stability was not possible. However, it was apparent that the portion of the bluff face and toe associated with this parcel has recently undergone remediation. There appears to be rock stabilization at the toe with young vegetation on the face. The selected grasses are appropriate for stabilization. As the vegetation continues to establish this portion of the bluff will continue to stabilize, however,the fact that the neighboring parcels have not yet remediated issues and the adjacent parcels are bare and currently eroding,the success of the established vegetation and the landowner's efforts to maintain such progress may be a challenge following a storm event. I have attached photos to illustrate: yv� d,J t� P G'T$,y .n •• _: ,q4�a+4' S -s_^4' « k, tyav+ �r t k;yK,'t:t. �.�f ! 'I�'. g •Y4'idlY4,.er+T�`. #:•z}F "ay. Sa,� tvyf�"t:i3�� \�iy�3�yFp�� '�•y y>t`fbs.f,��.r'.*;h,���s: -tfn.,� t�f w. 'Fyry`'rTJ�:�.•''"�'E�:�ret+v'.,1 N''y�{, yPi $'�. t���-T'�tit`'�9,b7�..'�.-s'�$�)��.�`q}'x T> iD�W}.M'�,jL�+S„' ,�,y �?#i,^w. 7,Ye. ILw .a�ti„-y.',• �/.(t`n',Ttrig: °�r1` +fif�A>.r'` a'•�at' 1i�t.;'�?.� �,�p�y�,.b EYY7u>,?Yti:yt"�:�T:•,b��..'t.�f+-' 41``�Y 'rK1S` fila'� �. f+ri'�-�r,: ��fa:1 Office Hours:Monday through Thursday 7:30 a.m.to 4:00 p.m. Friday 7.30 a.m.dlrough 3:00 p.m. The proposed location forth e pool is gently sloping away from the bluff face and the addition of the trench drains and the drywelIto capture runoff and pool backwash will help to limit any additional water cresting over the bluff. It is recommended that the choice of masonry be one that has properties to allow for some natural drainage as well. The 3445 square foot patio will generate an overabundance of runoff if the surface is impermeable and may cause degradation overtime with concentrated flow of water to a single drywell. Similarly, if the pool should ever need to be drained completely, it is suggested this be done in stages over time as to not cause seepage to the bluff face. Seepage can cause vegetation to destabilize and the bluff to slide. It is always important to remember that any material from excavating a swimming pool be appropriately managed. Soil and debris should never be disposed of over the bluff. Proper protection from erosion and sediment during construction should be in place. Soil stockpiles should be landward and or removed from the site if necessary. Thank you for contacting the Soil and Water Conservation District for comments. If you have any questions regarding our site visit and information provided, please do not hesitate to contact our office. Best regards, Ann Marie Calabro Agronomist 4- COUNTY OF SUFFOLK _1 wd RECEIVED OCT.2 5 2018 Steven Bellone jQNjNraBOARD OFAPPEAL5 SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Deputy County Executive and Commissioner and Environment October 19, 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 appeaffto 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 _ S3S, LLC #7239 Nickolaus, Katie, Alexandrea and Jamie #7241 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 ■ (631)853-5191 -;Ifl-o il_ ISLAND SO UN.D l7Zc. 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PROP. -- x o g.6' yI000 ARI30R GUY d1 100' BLUFF SETBACK r m 19.2' WIN OW WELL / // - ✓::.., X UT1Cyt�58 .i;:%.:..:..':::'::.::::`.:':::::. PROP. v' TREE 5:,, r:...... 5P w POLE �ECIRIC r.CP:PROP 0.2' F.FL 8 N B REM...... .... ro o 2.3 rn_ / X54 0.8 ::.'... . ..... .... e}I ...::..�� .4'c w ,o C�fj SNE GARAGE rME1ER NK SWIMMING P.O :S 3'A o 9. ' g.2' 12.8' S� 7 C' /� 56.4 2.1 W. , GAS SEPTIC SYSTEM TIE MEASUREMENTS EX CHAIN U T 82' Q°�W' x N 254 Ms FENCE : .. T7l7 x541/ 6.0 a Y m 00 HOUSE HOUSE s2_ ro - --_ gTOR CORNER NA CORNER BD OP�J✓P k.. PGI D a.s o I�4 , // '�� o� G R E - -5s SEPTIC TANK ooL�c e ❑ I ,� o SEPTIC\ ss•1 // XIU zs � B o 25.4 N 32.0 22.0 P 11,. O EX. DRYWELL ° mz TANK \ x COVER PIP• X58.2 op 56.6x ; / FF c� 60- x�P_,f_Q /1E11b PROP GE I X 59.4 \ / S AP ON 11. LEACHING POOL 43.4' 39.2' PSD �pP�,ko�I 58.0 4 POOL F� o T ��I� / LEACHING / . ' -5a COVER 6'/FOS N of X57.0 A POOL 26"HARDWOOD�J� �.� 1 9 714 �aw..j P00� / \ x58.7 -TEST HOLE X�� / 55.2 ..x 53.9 . A WELL 250.5 242.0 // \\ / � / X x �... : .� o: V1 / X ( _ I XS.Z'-Q STONE WORK RpAD5BA vp C31 / 'moo. x 56.9 �� I • ► v. : g 57.2 X 56.3x \ 54.3. .. • o 56.7 I ..• ► . ► R0. ING'- :' EDGE OF C .•► . ...... ..... .. ..... f o, / �� ,r •rf•; i� c� m p pDIT10, e. r,UND CONC. 1 1 A.1 O8 5 7 y.:r-i r_ .r r te .; AREA TO BE6O 5q. MON. 1. t. J y 1 (::.: •:� ' GLE/""-D 6 ^�^^�.,�i-•�,.� (,,./,,.�-� SHE GE ROW 54.9 4�3p" W _ 1 ss€ °W--^^'� . ._. •--^� ; ss•1 OP r_ R 5 82°3 Z X �P � "".•�" µwy s SIL TINGE AR T LIMITING DI,71iFtgAN'G,� 42,000 E �0-sq.ft. e A 12 SURVEY OF PROPERTY W �; SI T UA TE SOUTHOLD �z TOWN OF SOUTHOLD £m x.SiT SUFFOLK COUNTY, NEW YORK X 1000-51 -01 -2 S.C. TAX No. �n X54.5 1 a SCALE 1 "=30' � FEBRUARY 14 2011 a� '� DECEMBER 18, 2013 ADD TOPO. z� x53.8 1 JULY 19, 2014 STAKE NEW FOUNDATION LOCATIONe of JULY 27, 2014 STAKE NEW WELL LOCATION a o TREE 53 X53.6 m' OCTOBER 21 , 2015 UPDATE SURVEY M AUGUST 15, 2016 UPDATE SURVEY I 2016 UPDATED TOPO AT REAR OF HOUSE DECEMBER 27, � MARCH 1, 2017 ADD PROPOSED SWIMMING POOL LOT COVERAGE y� f JANUARY 10, 2018 ADDED WELL BLDG. TIE DISTANCES TOWN DEFINED BUILDABLE LAND = 88,893 sq. ft. m 3 1 (LOT AREA LANDWARD OF COASTAL EROSION HAZARD LINE) JULY 10, 2018 REVISED PROPOSED POOL z 1 DESCRIPTION AREA % LOT COVERAGEX AREA = 114,234 sq. ft. EXISTING HOUSE 1,985 sq. ft. 2.2% WELL 1 (TO TIE LINE) 2.622 CJC. 51.3 EXISTING GARAGE 544 sq. ft. 0.6% �1 X51.9 51.7 vs 1 00 EXISTING BRICK BLDG 146 sq. ft. 0.2% X � PROPOSED POOL 725 sq. ft. 0.8% I N & SPA TOTAL 3,400 sq. ft. 3.8% x49.6ol 1 DRAINAGE SYSTEM CALCULATIONS: 1 5-U PREPARED IN ACCORDANCE WITH THE MINIMUM PROPOSED POOL PATIO AREA: 3,445 sq. ft. I fT ENCE M�aL F STANDARDS FOR TITLE SURVEYS.AS ESTABLISHED 3,445 sq. ft. X 0.17 = 586 cu. ft. "m GOt- i BY THE L.I.A.L.S. AND,APPROVED AND ADOPTED 586 cu. ft. / 42.2 = 14 vertical ft. of 8' dia. leaching pool required 1 FOR SUCH USE BYJ"E,NEW:jYO� �, K".TATErI ND50.2 TITLE ASSOCIATI NG,�,�"..-M--..� PROVIDE (2) 8' dia. X 8' high STORM DRAIN POOLS 49-6 a � X X511 NOTES: PSE t 1 . ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM Cr 1 AGE 05 EXISTING ELEVATIONS ARE SHOWN THUS: 53.3 W EXISTING CONTOUR LINES ARE SHOWN THUS:- - -58--- f ' F.FL. - FIRST FLOOR ti�� d. a ' OR G. FL. - TOPOF BULGARKGE HEAD FOOND G°°3,N• ` d „° .... •.. BB - BOTTOM OF BULKHEADMON• ?JO " . . •. -d- • '• •I. .! TW - TOP OF WALL •2� .e. i • . N.Y.S. Lic. No. 50467 BW - BOTTOM OF WALL L �� • e d • �-1��Y L/ UNAUTHORIZED ALTERATION OR ADDITION � " ��LI�fdA " d, .. a '�• • �• �' Y ECT ON 7209 OFSTHEVNEWTIYORK STATE Nathan T of t Corwin III STHIS SURVEY IOLAON OF R_ El •. e a a • ��� EDUCATION LAW. ViZ 1,A1 d • VV Land Surveyor COPIES OF THIS SURVEY MAP NOT BEARING d!C S D C S 0 N •" '•., (�� THE LAND SURVEYOR'S INKED SEAL OR f E�3 4 � \�/1 EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. D/�-TED /IL Successor To: Stanley J. Isaksen, Jr. L.S. CERTIFICATIONS INDICATED HEREON SHALL RUN DW Joseph A. Ingegno L.S. IISNPREPARED, ANDLY TO THE ON HIS BEHON FOR OALTSURVEYHE BEHALF TO THE Title Surveys - Subdivisions - Site Plans - Construction Layout TITLE COMPANY, GOVERNMENTAL AGENCY AND y Y 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. FORM NO. 3 A TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT SEP 2 8 2018 SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL ZONING BOARD OF APPEALS DATE: August 20, 2018 TO: En-Consultants (Nickolaus) 1319 North Sea Road Southampton,NY 11968 Please take notice that your application dated August 13, 2018: For permit to construct an accessory swimming pool at: Location of property: 17555 Soundview Avenue, Southold NY County Tax Map No. 1000 - Section 51 Block 1 Lot 2 Is returned herewith and disapproved on the following grounds: The proposed accessory swimming pool on this conforming 114,234 sq ft lot (88,893 sq. ft. buildable land) in the Residential R-80 District is not permitted pursuant to Article III, Section 280-15, which states accessory buildings and structures shall be located in the required rear yard. The pool is located in the side yard. Authorized SWMire Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. i . t Fee S Filed By Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE RE i24— l SEP 289 18 House No. 17555 Street Soundview Avenue Hamlet Southold NING BOARD OF SCTM 1000 Section 51 Block 1 Lot(s) 2 Lot Size 114,234 sf Zone R-80 APPEALS I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: August 20,2018 BASED ON SURVEY/SITE PLAN DATED July 10,2018 Applicant(s)/Owner(s): Katie Nickolaus,Alexandra Nickolas Carnicom& Jamie Nickolaus Mailing Address:c/o Jamie Nickolas,30 Buttonwood Drive,Dix Hills,NY 11746 Telephone: 631-241-9506 Fax: N/A Email: Jamie_Nickolaus@pall.com NOTE:In addition to the above,please completed below if applicant is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: En-Consultants for(X)Owner ( )Other: Address: 1319 North Sea Road,Southampton,NY 11968 Telephone: 631-283-6360 Fax: 631-283-6136 Email:rhemnam@enconsultants.com Please check box to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X) Authorized Representative,( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED July 10,2018 and DENIED AN APPLICATION DATED August 7,2018 FOR: (X) Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article 111 Section 280- 15 Subsection (F) Article Section 280- Subsection Type of Appeal. An Appeal is made for: (X)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( ) Interpretation of the Town Code,Article Section ( ) Reversal or Other A prior appeal ( has, ( )has not been made at any time with respect to this property, UNDER Appeal No(s). 3824/3868 Year(s). 1989/ 1990 (Plegse be sure to research before completin this question or call our office for assistance) Name of Owner: Ntciolas ZBA File# 3824/3868 REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): (1)An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to,nearby properties if granted,because: `T 2 RECEIVED See attached. SEP 2 8 ?G18 (2)The benefit sought by the applicant CANNOT be achieved by some method ffiApHj tL& pursue, other than an area variance, because: See attached. (3) The amount of relief requested is not substantial because: See attached. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: See attached. (5) Has the alleged difficulty been self-created? { )Yes, or WNo. See attached. Are there any Covenants and Restrictions concerning this land: { }No {X)Yes(please famish copy). Cppy provided. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and fare of the community. Signature of Appellant or Authorized Agent Sworn (Agent must submit written Authonzation from Owner) S before me this 26th Robert E.Herrmann day of S ptember 21Q18 Coastal Management Specialist to Public SIM H . SiEPH€NS NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO . 5015931 r QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 , 201j�( f— REASONS FOR APPEAL ADDENDUMCE�®' for NICKOLAUS PROPERTY 17555 SOUNDVIEW AVENUE, SOUTHOLD,NY SEP 2, 8 201,s SCTM#1000-51-1-2 ZONING BOARD OF APPEALS 1. The granting of the requested variance relief necessary for the proposed swimming pool will not cause an undesirable change to the character of the neighborhood because 1) the subject property was historically improved with a swimming pool from 1974 until 2015, when it was demolished and removed; and 2) swimming pools are a common feature of the properties that comprise the surrounding developed shoreline community of Soundview Avenue between Lighthouse Lane and Clark Road, including the three properties located immediately to the east of the subject property. Several of these pools were constructed pursuant to variance relief granted by the Board, including those located on the adjacent easterly property (Case 4976, 2001); eleven properties to the east (Case 6237, 2009); and sixteen properties to the west (Case 6221, 2009). A proposed pool on the property located twelve properties to the east was approved more recently in 2014 (Case 6750) but has not yet been constructed. Unlike most of these pools that were approved with bluff setback relief pursuant to §280-116(A)(1), however, the proposed pool's 101' bluff setback places it to the side of the house, thus requiring side yard relief pursuant to §280-15(F). This tradeoff is intentional, as the proposed reconstruction of the previously existing swimming pool follows the recently completed landward relocation of the primary dwelling, and the decision to seek side yard rather than bluff setback relief by placing the pool at a conforming bluff setback represents the last step in a multi-year effort to stabilize the bluff and relocate the property's primary dwelling and accessory swimming pool substantially farther from the bluff(see Southold Wetland and Coastal Erosion Management Permits 7693/7693C, issued in 2011, and 8682/8682C, issued in 2015). The landward relocation of the pool to the nonconforming westerly side yard would not adversely impact the adjoining westerly property, however, as the pool is proposed approximately 58 feet from the westerly lot line and thus more than twice the required side yard setback for a swimming pool located in a front or rear yard. Moreover, the entire 25' wide side yard setback area situated between the westerly lot line and proposed pool fence is proposed to remain naturally vegetated. Therefore, the variance would neither undesirably change the character of the neighborhood nor cause a detriment to the adjacent or other nearby properties. 2. As noted above, the applicant is seeking to restore the historically existing use of a swimming pool on the property as part of a multi-year process of bluff stabilization and landward retreat of the dwelling and swimming pool. But due to the configuration of the parcel and location of the bluff crest, the benefits of a swimming pool cannot again be achieved without being granted at least one area variance because if the pool were instead proposed to the north of the house in a conforming rear yard, then an area variance for a nonconforming bluff setback would be required; and if the pool were instead proposed to the south of the house in a conforming front yard, then an area variance for a nonconforming front yard setback would be required. Robert E. Nrrmann Sworn to before me this 26th day of eptember, 2018. KIM H . STEPHENS NOTARY PUBLIC STATE OF NEW YORK Pu otar blic COMMISSION NO . 5015931 y QUALIFIED IN SUFFOLK COUNTY -EXPIRES AUGUST 2 , 10 2—`1 1Page ECEIVE® exp 2 8 am 3. The relief required to locate the proposed swimming pool in the nonconfornftb*�4 � rdS is not substantial because the pool would be located approximately 58 feet from the westerly o line and thus more than twice the distance a pool could be located from the same side lot line without a variance if it were located in the front or rear yard. Moreover, there would be no potential "crowding" effect on the side yard from the perspective of the public roadway, as the pool would be separated from Soundview Avenue by more than 300 feet and obscured from view by the undisturbed natural vegetation present on the adjacent conservation easement lands owned by the Peconic Land Trust, Inc.. 4. As described above, situating the proposed swimming pool at a conforming bluff setback represents the final step of a multi-year process of bluff stabilization and restoration and landward retreat of the dwelling and swimming pool, which has improved and will continue to improve the overall physical and environmental conditions of the property. Specifically, the actions completed and proposed are resulting in the stabilization and restoration of the bluff, which is the property's natural protective feature; substantial increases to preexisting bluff setbacks; landward relocation and upgrade of the sanitary system; installation of a Town-approved drainage system; and establishment of a covenanted 15' wide vegetated non-turf buffer adjacent to the bluff crest. Additional mitigation measures associated with the proposed swimming pool, which would be located more than 180 feet from tidal wetlands and surface waters associated with Long Island Sound, include the installation of on-grade masonry patio areas rather than deck structures within 100 feet of the bluff, installation of two additional drywells for pool backwash and potential runoff associated with the proposed patio area; and maintenance of the naturally existing vegetation between the westerly property line and the proposed swimming pool, including a minimum 25' wide area adjacent to the lot line; and. Therefore, granting of the requested variance relief will not have an adverse impact on the physical and environmental conditions of the property or surrounding neighborhood. 5. The difficulty creating the need for area variance is not self-created. The swimming pool that previously existed on the property between 1974 and 2015 needed to be relocated in response to long term bluff erosion, but due to 1) the configuration of the property in relation to the required 60' front yard setback and the 100' bluff setback, which was not adopted until 1989 and thus after the applicant purchased the property in 1981; and 2) the landward translation of the bluff crest by as much as 29 feet during the bluff restoration project, it was ultimately not possible to relocate both the dwelling and pool structures landward without the benefit of at least one area variance. �LI — – I — Ro ert E. Herrmann Sworn to before me this 26th day of eptember, 2018 of Public SIM H . STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO . 5015931 QUALIFIED IN SUFFOLK COUNTY - - EXP I R-ES- AUGUST 2 , 20 � - --- - -- - - -- ---- - 2Page ` - RECEIVED APPLICANT'S PROJECT DESCRIPTION SEP 2 8 nm Applicant: Kahe Nickolaus,Alexandra Nickolas Carmcom& Jamie Nickolaus Date Prepared:September 26,AHNIr BOARD OF APPEALS I. For Demolition of Existing Building Areas Please describe areas being removed: N/A II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A 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: Proposed 18.5'x 41'inground swimming pool and Tx 7'hot tub with associated 5'x 6'landing&steps attached to existing decking. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2,675 sf Proposed increase of building coverage: 725 sf Square footage of your lot: 114,234 sf total; 88,893 sf Buildable Land Percentage of coverage of your lot by building area: 3.0 existing/3.8 proposed V. Purpose of New Construction: To reconstruct previously existing swimming pool(1974-2015)for recreational use at a conforming bluff setback. VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): The property is characterized by a bluff adjacent to Long Island Sound,which creates the need for all buildings on the property to be set back at least 100 feet from the crest of bluff. Meeting that bluff setback requirement here situates the proposed swimming pool on the west side of the existing dwelling and thus in a nonconforming side yard location. Please submit eight (8) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 4/2012 RECEIVED SEP 2 8 2698 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION ZONING BOARD OF APPEALS A. Is the subject premises listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? X No Yes,please explain on attached sheet. C. 1)Are there any areas that contain sand or wetland grasses? Yes(beach) 2)Are these areas shown on the map submitted with this application? Yes 3) Is the property bulkheaded between the wetlands area and the upland building area? Rock Revetment 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:Wetland application to be filed subsequent to and if issued,please attach copies of permit with conditions and approved survey. Board action. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No Please show area of the structures on a diagram if any exist. Or state "none" on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Residential,single-family dwelling and proposed use same,with swimming pool (ex:existing single-family dwelling,proposed:same with gara , pool or other) 9/26/]:8 Authorize ignature and Date Robert E.Herrmann Coastal Management Specialist I AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED WHEN TO USE THIS FORM. The form must be completed by the applicant for any s E' 16 ,a7 1 site plan approval, use variance, area variance or subdivision approval on property within an rgri t ral district OR within 500 feet of a farm operation located in agricultural district. MqOations LS requiring an agricultural data statement must be referred to the Suffolk County in accordance with Sections 239m and 239n of the General Municipal Law. 1)Name of Applicant: En-Consultants 2) Address of Applicant: 1319 North Sea Road,Southampton,NY 11968 3)Name of Land Owner(if other than applicant) Katie Nickolaus,Alexandra Nickolas Camicom& Jamie Nickolaus 4) Address of Land Owner:c/o Jamie Nickolas,30 Buttonwood Drive,Dix Hills,NY 11746 5)Description of Proposed Project:Construct approximately 18.5'x 41'in-ground swimming pool and Tx T hot tub;construct on-grade masonry patio with surrounding trench drain and wood arbor,construct three<30 sf landings and steps attached to existing dwelling; install two 8'x 8'drywells to capture patio ninoff and pool backwash;install pool equipment and pool enclosure fencing;clear approximately 3,740 sf area between pool and pool fence on west side of property,and clear approximately 620 sf area on east side of property,all as depicted on the site plan prepared by Nathan Taft Corwin III Land Surveyor,last dated July 10,2018. 6)Location of Property (road and tax map number):17555 Soundview Avenue,Southold,SCTM#1000-51-1-2 7)Is the parcel within 500 feet of a farm operation? QK)Yes { )No 8)Is this parcel actively farmed? j )Yes {X}No 9)Name and address of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. Name and Address 1.Edward C Booth Credit Shelter Trust, 17240 Soundview Ave.,Southold,NY 11971;#1000-51-2-8.2 2.Edward C Booth Credit Shelter Trust, 17240 Soundview Ave.,Southold,NY 11971;#1000-51-2-8.6 3. 4. 5. 6. (Please use back side of page if there are additional property owners .) 9 / 26 / 2018 Signitur'M Applicant Date Note: 1.The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation.Solicitation will be made by supplying a copy of this statement. 2.Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above.The cost for mailing shall be paid by the applicant at the time the application is submitted for review. 617.20 RECEIVED Appendix B Short Environmental Assessment Form SEP 2 8 2018 Instructions for Completing ZONING BOARD OF APPEALS Part I-Project Information.The applicant or project sponsor is responsible for the completion of Part 1.Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part I-Project and Sponsor Information Name of Action or Project- Nicholas Swimming Pool Project Location(describe,and attach a location map): 17555 Soundview Avenue,Southold,SCTM#1000-51-1-2;property is located on north side of Soundview Avenue, +/-719'west of Mt.Beulah Avenue,maps provided. Brief Description of Proposed Action: Construct approximately 18.5'x 41'in-ground swimming pool and 7'x 7'hot tub; construct on-grade masonry patio with surrounding trench drain and wood arbor;construct three:00 sf landings and steps attached to existing dwelling; install two 8'x 8'drywells to capture patio runoff and pool backwash;install pool equipment and pool enclosure fencing;clear approximately 3,740 sf area between pool and pool fence on west side of property;and clear approximately 620 sf area on east side of property,all as depicted on the site plan prepared by Nathan Taft Corwin III Land Surveyor,last dated July 10,2018. Name of Applicant or Sponsor: Telephone. 631-241-9506 Katie Nickolaus,Alexandra Nickolas Carnicom& Jamie Nickolaus E-Mail: Jamie_Nickolaus@pall.com Address: c/o Jamie Nickolas,30 Buttonwood Drive City/PO: State: Zip Code: Dix Hills NY 11746 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X Town of Southold 3.a Total acreage of the site of the proposed action? 114,234 sf b.Total acreage to be physically disturbed? 42,000 sf c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 114,234 sf ; 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial ®Residential(suburban) ❑Forest ❑Agriculture ®Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 f RECE;,_ SEP 2 8 2G18 5.Is the proposed action, CONING BOARD OF NO YES N/A APP a.A permitted use under the zoning regulations? X b. Consistent with the adopted comprehensive plan? X 6.Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: NA 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: N/A 11.Will the proposed action connect to existing wastewater utilities9 NO YES If No,describe method for providing wastewater treatment: N/A 12.a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b. Is the proposed action located in an archeological sensitive area? X X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency9 X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply. ® Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ® Wetland ❑Urban ® Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16. Is the project site located in the 100 year flood plain? NO YES X 17. Will the proposed action create storm water discharge,either from point or non-point sources? YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES Page 2 of 4 RECEIVED 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? SEP 2 8 2018 If Yes,explain purpose and size: X ZO-551E-5lr= -BOARD OF aopEALS 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFO ATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Robe errmann,Coastal Mgmt. Specialist Date: September 26,2018 Signature: Part 2-Impact Assessment.The Lead Agency is responsible for the completion of Part 2.Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer.When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RECEIVED L No,or Moderate SEP 2 8 2018 small to large impact impact ZONING BOARD OF APPEALS may may occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11.Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance.The Lead Agency is responsible for the completion of Part 3.For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part I Part 3 should, in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts.Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude.Also consider the potential for short-term, long-term and cumulative impacts. ❑ 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. 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'x. �i,.i' - .,''CG>��.x- - "s' .i,-�o+ �. ,Y:.:7e;tal�'......,x.. :'s�'rrm;;u�,; ���li• :ira y. - - ..—, �.J.s.:..s..,�,tt:3�'"mss'- -- - - - - ti'."�:`r'.i".y':Sf� �-y.,•e.�_ c n - t'-` r`y� +-72c4i RECEIVED APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM SEP 2 8 2018 The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town offiW4pad WuloueescT,hsruurperse 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 : Nickolaus,Katie (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of,the applicant(when the applicant is a corporation) B)the legal or beneficial owner-of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of 20 Signature Print Name Katie Nickolaus — - RECEIVED APPLICANT/OWNER SEP � 9 7-018 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 an 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 : Carnicom,Alexandra Nickolaus (Last name,fust name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP /0111 Submitted this ` � day of ,24'O Signature _"AL�� C-altln� Print Name Alexandra Nickolaus Carnicom RECEIVED APPLICANT/OWNER SEP 2, 8 2018 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: Nickolaus,Jamie (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,-director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of R Signature Print Nam Jamie Nickolaus C I A�v7 PD SEP 2, 8 ZG18 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM BONING 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 : Herrmann, Robert E. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 26t day of Sept. ,20 18 Signature Print Name Robert E Herrmann r � Town of Southold J1 RECEIVE LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS SEP 2 8 2018 1. All applicants for permits* including Town of Southold agencie �OVL �c� t }�EAF for proposed actions that are subject to the Town of Southold WaterfronnsistencyReviewaw. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 115 - 1 2 PROJECT NAME Katie Nickolaus,Alexandra Nickolas Camicom& Jamie Nickolaus The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ® Board of Trustees ❑ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital ❑ construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: Nature and extent of action: Construct approximately 18.5'x 41'in-ground swimming pool and Tx T hot tub;construct on-grade masonry patio with surrounding trench drain and wood arbor;construct three<30 sf landings and steps attached to existing dwelling;install two 8'x 8'drywells to capture patio runoff and pool backwash;install pool equipment and pool enclosure fencing;clear approximately 3,740 sf area between pool and pool fence on west side of property;and clear approximately 620 sf area on east side of property,all as depicted on the site plan prepared by Nathan Taft Corwin III Land Surveyor,last dated July 10,2018. Pursuant to Southold Town Code§268-5("Review of Actions")and the corresponding definitions of"action" and"minor action"by §286-3 ("Definitions"),the proposed variance request meets the following definition of a minor action and should thus be determined to be exempt from waterfront consistency review pursuant to chapter 268: "F.Granting of individual setback,lot line and lot area variances,except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA." Therefore,all policies are noted as being"Not Applicable." RECEIV�D�I Location of action: 17555 Soundview Avenue, Southold SEP 2 8 2018 Site acreage: 2.622 acres ZONING BOARD OF APPEALS Present land use: Residential,two-story,single-family dwelling 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: Katie Nickolaus,Alexandra Nickolas Carnicom& Jamie Nickolaus (b) Mailing address: c/o Jamie Nickolas,30 Buttonwood Drive Dix Hills,NY 11746 (c) Telephone number: Area Code 631-241-9506 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ® No ❑ If yes, which state or federal agency? Town of Southold C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III- Policies; Page 2 for evaluation criteria. ❑Yes ❑ No M Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ❑ Yes 0 No ® Not Applicable RECEIVEi3 Zu18 ZONING BOARD OF APPtAL5 Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III- Policies Pages 6 through 7 for evaluation criteria ❑ Yes 1:1 No ® Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III- Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ❑Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ❑Yes 1:1 No ® Not Applicable kEdIVE15 SE? uI ZONING BOAR Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES- Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-(_�)endent uses and promote siting o----,w water-dependent uses in suitable locations. See LWRP Section ItI - Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable RECEIVED CCD , 8 )1 y/''� Th'0 ._ 18 C APPEALS f ONING R/1�ho �PEA1 r Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PREPARED BY TITLECoastal Management Specialist DATESept.26,2018 Robert E.ffei nn Amended on 811105 RECEIVED SSP - Board of Zoning Appeals Application ZONING BOARD OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) j� Katie Nickolaus residing at 100 Great Neck Rd.,Apt.4G (Print property owner's name) (Mailing Address) Great Neck,NY 11021 do hereby authorize (Agent) En-Consultants to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) Katie Nickolaus (Print Owner's Name) +--t2� I RECEIVED Board of Zoning Appeals Application SEP 2 8 2018 ZONING BOARD OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) j� Alexandra Nickolaus Carnicom residing at 1Lf,� (Print property owner's name) (Mailing A ress) J do hereby authorize (Agent) En-Consultants to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) Alexandra Nickolaus Carnicom (Print Owner's Name) RECEIVED SEP Z018 Board of Zoning Appeals Application BONING BOARD OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) I, Jamie Nickolaus residing at �� (Print property owner's name) (Mailing Address) � do hereby authorize (Agent) En-Consultants to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. ( wner'§Signature) Jamie Nickolaus (Print Owner's Name) 7 FORM NO.4 RECEIVtO TOWN OF SOUTHOLD SEP 2G1� BUILDING DEPARTMENT Office of the Building Inspector Town Hall ZONING BOARD OF APPEALS Southold,N.Y. Certificate Of Occupancy NO. . . Z•1.0 4 2.3. . . . . . . . Date . . . .M R.ra h• -1.9 . . . . . . . . . . . . . . . . .. 19 .81 THIS CERTIFIES that the buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property1�77 • • • •Sound .Vi-ew• Ave: Southol d Ho. Sireei Ham%t County Tax Map No. 1000 Section . .5.1. . . . . . . . .Block . . .1. . . . . . . . . . . .Lot . . .2 . . . . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . RBquirements for a Private One family dwelling built conforms substantially to the Application fnr Rnildeng Permit heretnfore filed in this office dated Certificate of Occupancy Prior. -to• April. •23; • • • . • . 19 57.pursuant to which R„ilding Permit No. . . . . . . . .Z 104.23• • • dated . . .;q flr c.h .1 9... . . . . . . . . . . . . . . 19 S 1. ,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 . . . . . . . . . Private oi2e • family d;telling with—a. -detaehad garage •and• •a s•wimmi•np • paol*• The certificate is issued to - Bruce. T•u r n e•r •and•how MAP,knee-o . . . . . . . . . . . . . . . . . . . . . . . . . of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . . . . . . . .N.A... . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . . . . . . . .R : ... . . . . . . . . . . . . . . . . . . . . Swimming; pool , Richard Addy Building Permit# 6634Z, C.O. 25996( � Building Inspector Rev.1/81 FOAM X0. 4 TOWN OF SOUTHOLD lZq BUILDING DEPARTMENT RECEIVED Town Clerk's Office P $ Southold, N. Y. ZONING BOARD OF APPEALS Certificate Of Occupancy NO- 75996 . . . . . Date . . . . . . . . . . . . . July. . . .1 p. . . ., 1974 . THIS CERTIFIES that the building located at . NIS. S•ound• ievr Ave• • • • Street Map No. x= . . . . . . . Block No. . . .Loo. .� . . t N . �C11E]K• • • •SouthAld• . •N.y. conforms substantially to the Application for Building Permit heretofore#fled in this office dated . . . . . . . . . . . .Apr • • , 11•, 19:75• pursuant to which Building Permit NO-6631+Z- • dated . . . . . . . .June. . .5 . . . . . .. 19.73 , was issued, and conforms to all of the require. ments of the applicable provisions of the law. The occupancy for which this certificate is issued is • •Privat e -swimming. P001• with.fence. ate. . . . . . . . . The certificate is issued to •Bruoe• . . . . . . . . . . . . . . . . . . . Turner 0wher. . . . . . . . . . . . . . . of the aforesaid building, (owner, lessee or tenant) Suffolk County Department of Health Approval . . . N,R • , • . . . • • • • . • • . • • • . UNDERWRITERS CERTIFICATE No. •pend.ing. . . . . . . . . . . . . . . . . . . . . . . . . . . HOUSE NUMBER . .,t?555 . . . . . . Street . . •SOttntl •Y3,ew-Ave• • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . • . . . . . :. Building Inspector 1 o Lr% Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 RECEIVED APPEALS BOARD MEMBERS SEP��, � %018 GERARD P. GOEHRINGER, CHAIRMAN /Z CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ZONING BOARD OF APPEALS JOSEPH H. SAWICKI JAMES DINIZIO, JR, ACTION OF THE BOARD OF APPEALS Appeal No. 3824: Application of NICK AND KATIE NICKOLAUS for a Variance to the Zoning Ordinance, Article III, Section 100-33 (previously 100-32) for permission to locate accessory building in an area other than the required rear yard. Zone District: R-80. Location of Property: 17555 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block 1, Lot 2. WHEREAS, a public hearing was held and concluded on March 9, 1989 in the Matter of the Application of NICK AND KATIE NICKOLAUS under Appeal No. 3824; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Sound View Avenue in the Hamlet and Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 51, Block 1, Lot 2. Page 2 - Appeal No. 3824 ���� Matter of NICK & KATIE NICKOLAUS Decision Rendered March 16, 1989 Cep 28 ?p98 2. The subject premises is a described parcel of land containing a total area of 3.01 acres, lot f rontageZW NaNAA)OF APPFALS feet (lot width at the principal building line approximately 278 feet, and lot depth of 550+- feet. 3. The subject premises is improved with a single-family, two-story frame house and inground swimmingpool with fence enclosure along the westerly side of the dwelling, all as sketched on survey dated February 10, 1981 (o€ Roderick VanTuyl, P.C. ) . 3. By this application, appellants request a variance from Article III, Section 100-33 of the Zoning Code for permission to locate 10' x 18' one-story storage shed along the existing pool fence enclosure with a setback of approximately 90 feet from the bluff and 60+- feet from the westerly property line, all as sketched on the copy of survey submitted for consideration. 4. Article III, Section 100-33 of the Zoning Code requires accessory buildings to be located in the required rear yard area. The required rear yard area for this parcel is that land area between the house and the bluff. 5. It is noted that at the time of the filing of this application on February 3, 1989, Article XI, Section 100-119.2 of the previous zoning code was not included in the newly adopted zoning code amendments (when enacted on or about January 22, 1989) . For practical purposes, it is noted that the location of the subject pool shed along the outside of the fence enclosure is not much different than locating same within the fence enclosure, particularly due to the great distance in the yard setbacks (which will not require additional relief by way of a variance) . 6. In considering this application, the Board also finds and determines: (a) there is no other alternative available for appellants to pursue other than a variance; (b) the variance requested is uniquely related to the property and will not alter the essential character of the neighborhood; (c) the variance requested is the minimal necessary to afford relief and is not substantial; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all of the above factors, the Page 3 - Appeal No. 3824 Matter of NICK & KATIE NICKOLAUS �Z�� Decision Rendered March 16, 1989 RECEIVED SEP 2 8 2G18 ZONING BOARD OF APPEALS interests of justice will be served by granting the relief, as requested and conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested for location of a 10' by 18' pool-storage shed, at a height not to exceed 10 feet, along the existing fence enclosure, as applied under Appeal No. 3824 in the Matter of NICK AND KATIE NICKOLAUS, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Accessory shed shall be used for storage purposes incidental and accessory to the residential use of the premises; 2. Accessory shed shall not be used as sleeping quarters; 3. No kitchen or food preparation shall be permitted; 4. Shower doors must be constructed along the outside wall of building (must open to the outside, rather than a single entry from the inside of building) . Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. (Members Doyen and Sawicki were absent. ) This resolution was duly adopted. -------------- Mill 01 Ikd•--•moi-�--- GERARD P. GOEHRINGER, CHAIRMAN Southold Town Board of App eals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 �l TELEPHONE (516) 765-1809 REC�E11 c I.' APPEALS BOARD T _`C MEMBERS GERARD P. GOEHRINGER, CHAIRMAN SSP CHARLES GRIGONIS,JR. SERGE DOYEN,JR. ZONING BOARD OF APPEALS JOSEPH H. SAWICKI JAMES OINIZIO,JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3868 Matter of NICHOLAS NICKOLAUS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d a, as disapproved for permission to construct addition to existing one family dwelling and accessory building, proposed construction is less than 100 ft. from bluff of Sound in this R-80 Zone District. Property Location: 17555 Soundview Avenue, Southold, County Tax Map No. 1000, Section 51, Block 1, Lot 2. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of NICHOLAS NICKOLAUS, under Appeal No. 3868; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, andthe surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Soundview Avenue, Hamlet of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 51, Block 1, Lot 2. 2. This is an application for Variances from the Zoning Code Article XXIII, Section 100-239d A, for permission to construct addition to existing one family dwelling and accessory building, proposed construction will be within 100 feet of the Sound. 3. Article XXIII , Section 100-239d (A) (1) , requires all buildings located on lots adjacent to Long Island Sound and upon which there exists a bluff or bank landward of the shore or beach shall be set back not less than one hundred (100) ft. from the top of such bluff or bank. t . Page 2 - Appl. No. 3868 RECEIVED�� Matter of NICHOLAS NICKOLAUS Decision rendered January 9, 1990 SEP 2, 8 6-GI8 4. The subject premises for the proposed caba� M and referred to as being12' b 12' �1 APPEALS y and the propose one additions are located west of the property line and will be 20' by 22' and 12 ' by 141 . 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed cabana and additions in any other location on the premises will require other variance relief; (c) that the area chosen for the cabana and additions is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the matter of the application of NICHOLAS NICKOLAUS as applied under Appeal No. 3868 for the placement of cabana and additions to existing dwelling, SUBJECT TO THE FOLLOWING CONDITIONS. 1. That the cabana only be used for storage purposes and that it have no sleeping quarters. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio, (Absent Joseph Sawicki) . This resolution was duly adopted. ,e df RECEIVED AND FILED BY THE SOUTHOLD TOV114 CLERK GERARD P. G GER, IRMAN DATE al ' `1�'% HOUR • `�--- Town C_-.rk, Town of •..c;::1•iaid RECEIVED KATIE NICKOL 1. 17555 SOUNDVIEW AVENUE.SOl [OLD S E P 8 G 18 `'q ¢nom .i 1.75 a � • • • r 'Google Earth Figure]. Aerial view of subject property and surrounding developed shoreline community between Soundview Avenue and Long Island Sound, October 2017. Note the presence of swimming pools on three properties located immediately to east.Aerial image by Google Earth. 'r i Tee_ J r f Figure 2. Aerial view of subject property and previously existing swimming pool(and dwelling location). June 2014. Aerial image by Google Earth. KATIE NICKOL I, 17555 SOUNDVIEW AVENUE,SOl [OLD -amu RECEIVED � �r 1Al1 CONING BOARD OF APPEALS Nei 4. Figure 3. Looking north from front yard toward Long Island Sound and location of proposed swimming pool on west side of dwelling(left). f.1 Y _ l. 1 .t Y MM Figure t. Looking south from bluff crest toward locution of proposed swimming pool on west side of dwelling(right). .��/ � "��/?a.�r ��► � ' fi a a�"r � �p�� .:.��d �•.. - � �!`/� ����I �',� �F� �tI�S-� 1(F �f4 � � t +tea •a.. d: 97 i' 1 f o r CC# . C16-2756 REGEIV510 COUNTY CLERK'S OFFICE STATE OF NEW YORK SEP�� �G?$ COUNTY OF SUFFOLK (� ZONING BOARD?OF At13 p I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 01/22/2016 under Liber D00012849 and Page 611 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 01/22/2016 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL, 4unOD XT03JnS 'xaa•C0 A4=00 H'I osva 'y Hiianr Z'IIS v ION SI SIHS SLZMIIISNI HHS, a0 luva V SI Rova SIHS 00 ' 99Z$ pTsd saga ON 00 • 00Z$ sd2i ON 00 . 5$ sazdo0•�aa0 ON 00 . 0$ uoTgpgoH ON 00 . 0$ V89-ds ON 00 . 5T$ JHOlds SXN ON 00.5$ H00 OR 00 . 0Z$ BuTTpusH ON00' OZ$ but71ia/abed -4duzaxa �duzaxH 4uauzna4sul anogV aoa saga BuTMOTTOa az;q paeiaoag SNSO'Irioa sy aaouvH0 Qui QHAIILmxa 000• Z00 00 ' 710 00 . 150 0001 :-4oZ :xoo71S :uoTgoas :�ota�szQ TT9 REMa 6V8ZT0000 :Uailiq 9Vj0T00-9T : aggmnN gdzaoag NV 60 :S£ :60 :,4v V :sabva go aagmnN 9TOZ/ZZ/10 :papa009g xOIyvuvZOaa :4uauznagsul go adAy Hf)Va VNICD10DZx z0I330 SCM003i xUZU0 LSi noo ?PI0.33IIS IIII IIII VIII VIII IIIIII I S`IVDddd:40 CNVO9 9NIN07 flIOZ ? I d3S IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I (33AI333'd b. 7� oa 2016 r � �y =09 AM of pages fUTH �F ;SLE CLERK i i'F�� ZOIVILStlF> tlRR ���PEAiS This document will be public L D00012849 record. Please remove all P 611 Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee 1 Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-5217(County) Sub Totals Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. 1100— ` may ' Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Af id �� + Mansion Tax The property covered by this mortgage is rtified;Cop or will be improved by a one or two ISYS Skrr�harge 15. 00 family dwelling only. Sub Total YES or NO Other Grand Total e&.5 If NO, see appropriate tax clause on page# of this instrument. 4 Dist. 3086735 1000 05100 0100 002000 00 5 Community Preservation Fund Real Properl P T S I Consideration Amount $ _ Tax Service R DHO } IIIIIII VIII IIIIIIIIIIIIIII IIIfI IIIIIIIIIIIII Agency 22-JAN-16 CPF Tax Due $ Verificatior Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land En-Consultants TD 1319 North Sea Road TD Southampton,NY 11968 TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name- www.suffoikcountyny.gov/clerk Title# 81 Suffolk County Recording & Endorsement Page This page forms part of the attached Notice Covenant --- -_ made by: (SPECIFY TYPE OF INSTRUMENT) Katie Nickolaus,Jamie Nickolaus. The premises herein is situ4ed in Alexandra Nickolaus Carnicom SUFFOLK COUNTY,NEW YORK. TO In the TOWN of _Southold New York State Department In the VILLAGE of Environmental Conservation or HAMLET of Southold BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over RECEIVED 7 SEF 2018 � NOTICE COVENANT TO THE DEED ZONING BOARD OF APPEALS DECLARATION THIS DECLARATION, dated I ` day of S C1 JVI.VIj 2016, by Katie Nickolaus,Jamie Nickolaus&Alexandra Nickolaus Carnicom,with a mailing address of c/o Katie Nickolaus, 100 Great Neck Road,4G, Great Neck,NY 11021 (hereinafter the "Declarants"). WITNESSETH WHEREAS,the Declarants are the owners of certain real property located in the Hamlet of Southold, Town of Southold, County of Suffolk, State of New York, Tax Map#District 1000, Section 51, Block 1, Lot 2 which real property is more particularly described in Schedule A annexed hereto (hereinafter referred to as the "Property"); and WHEREAS,the Property is situated in or adjacent to regulated tidal wetlands which have been inventoried and mapped by the New York State Department of Environmental Conservation(hereinafter"Department"),pursuant to Environmental Conservation Law (hereinafter 'BCL")Article 25 (also known as the "Tidal Wetlands Act") and Part 661 of Title 6 of the New York Code of Rules and Regulations (hereinafter "6 NYCRR"); and WHEREAS, various activities conducted both in and adjacent to tidal wetlands are regulated by the Department pursuant to ECL Article 25 and Part 661 of 6 NYCRR and require written authorization from the Department prior to being conducted; NOW,THEREFORE, in recognition of the Department's jurisdiction as set forth above, it is the responsibility of a party having any right,title, or interest in the Property,to obtain from the Department or any successor organization, a current description of all activities which are regulated pursuant to ECL Article 25 and Part 661 of 6 NYCRR, and to obtain written authorization from the Department prior to such regulated activities being conducted on the Property. Regulated activities include,but are not limited to clearing of vegetation; application of chemicals; excavation; grading and filling; dredging;erection of structures; construction or RECEIVED 4-7 a SEP 2.' 8 2C18 reconstruction of shoreline erosion structures; and construction and reconstruction 0140cgF EALS bulkheads. 7� Katie ckolaus J ie Nick la s 01 —64117- Alexandra Nickolaus Carnicom STATE OF ss: COUNTY OF On the day of , in the year 2016,before me the undersigned, a Notary Public in and for said State, personally appearq6Rgfie Nickolaus personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual or the person on behalf of which the individual acted,executed the instrument I A -(� [LANA HABIBIAN Notary Public -State of New York Notary Public STATE OFI� NO. 01 HA6277573 Qualified in Nassau County �� S%qy Commission Expires COUNTY OF 1 V ��V� :n`l a". ��e •°a?m' "x }u:�s ssv lqt On theGj day ofI ALAz in the year 2016, before me the undersigned, a Notary Public in and for said State, r onally appeare amie Nickolaus personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person on behalf of which the individual acted xecuted the instrument. ILANA HABIBIAN �` ff — ' Notary Public- State of New York STATE OF ill NO. 01 HA6277573 Notary Public Qualified in Nassau County _1 t t r My Comn-ss on Fpi_es _ COUNTY OF On the-L-5— day of it I 0,Yq , in the year 2016, before me the undersigned, a Notary Public in and for said State, personally appear d Alexandra Nickolaus Carnicom personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument,the individual or the person on behalf of which the individual acted,executed the instrument. °�� ���eo�u, ILANA HABIBIAN Notary Public - State of New York NO 01 HA6277573 Notary Public Oualiiied in Nassau County My Commission expires _V RECEIVED SEP 2, 8 -GiG SCHEDULE A ZONING BOARD OP APPEALS ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and Sate of New York, and lying near Horton's Point, so called, and bounded and described as follows: BEGINNING at a point on the northerly side of(new) Sound View Avenue at a point which forms the dividing line between the land of Richard C. Ado and Alfred H. Cosden; RUNNING THENCE along Sound View Avenue South 73°27' 30"West 130 feet to the land now or formerly of the Estate of Joseph H. Marshall; Ile 9-Ts.3 1 THENCE along the land of said Estate of Joseph H. Marshall North 11° 13' 50"West 75.31 feet; THENCE South 82°34' 30"West 141.08 feet to the land now or formerly of the Estate of Joseph H. Marshall; THENCE along the land of said Estate of Joseph H. Marshall North 17° 5' 30"West 514 feet more or less,to the mean high water mark of Long Island Sound; THENCE in a southeasterly direction along the mean high water mark of Long Island Sound a distance of 335.42 feet more or less,to the land of Alfred H. Cosden; THENCE RUNNING along the land of said Alfred H. Cosden South 13° 5' 30"East 370 feet more or less, to a monument marking the dividing line between the land of said Alfred H. Cosden and the land of Richard C. Addy; THENCE South I V 10' 30"East 287.72 feet to the point or place of BEGINNING. CC# : C15-51083 a fY4`r'vy/; COUNTY CLERK'S OFFICE kkEIVED STATE OF NEW YORK `7 COUNTY OF SUFFOLK j E P 2 8 20184 (( ZONING BOARD OF APPEALS I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 12/23/2015 under Liber D00012845 and Page 950 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 12/23/2015 SUFFOLK COUNTY CLERK Q. �a a� JUDITH A.PASCALE SEAL, r 1 , M F2 RECEIVED Number of pages RECORDED SEP 2� 8 2018 `0!5 Dec _: 09�.2:;g�14 AN ?UD I TH A. F'ASCALE r, {�lc�t_urnent tAiill be ,public ZONING BOARD OF APPEALS i:LERI~: OF �.IJFci-�L4. I.;�JIJ1 1T`�` �':0 dt Ple=ase I'eroove all �t L D00012845 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp R6cording/Filing Stamps 3 FEES . -Mortgage Amt. Page/Filing Fee t C • 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. EA-5217(County) Sub Total or Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. t� uu/�/ � Held for Appointment Comm.of Ed. 5. 00Transfer Tax A ,• Y Affidavit �� + Mansion Tax The property covered by this mortgage is Certified Copy ' or will be improved by a one or two NYS Surcharge 15. 00 S - family dwelling only. Sub Total YES or NO Other Grand Total ® If NO, see appropriate tax clause on page# of this instrument. J ' /9-- lS 4 Dist. 100 3071047 1000 05100 0100 002000 5 Community Preservation Fund PTs 119�1�8 IIIII��III I���I IIBII��III�I�II 181 I��I Real Property (23-DEC-1 �M6 A I.I� I�p IIIII �III I���I ILII X0111 jI�II ISI I��I Consideration Amount Tax Service 5 Agency CPF Tax Due' $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land TD En-Consultants 1319 North Sea Road TD Southampton,NY 11968 TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# :8] Suffolk County Recording & Endorsement Page This_-page forms part of the attached Declaration of Covenants made by: (SPECIFY TYPE OF INSTRUMENT) Katie Nickolaus, Jamie Nickolaus and The premises herein is situated in Alexandra Nickolaus Carnicom SUFFOLK COUNTY,NEW YORK. TO In the TOWN of _Southold Town of Southold In the VILLAGE Board of Trustees or HAMLET of Southold BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (5—v e7 1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII SEP X2018 111111111 II I I BONING BOARD nF APPEALS SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 12/23/2015 Number of Pages: 4 At: 09:23 : 44 AM Receipt Number : 15-0178686 LIBER: D00012845 PAGE : 950 District: Section: Block: Lot: 1000 051 . 00 01 . 00 002 . 000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20 . 00 NO Handling $20 . 00 NO COE $5. 00 NO NYS SRCHG $15 . 00 NO TP-584 $0 . 00 NO Notation $0 . 00 NO Cert.Copies $5 . 00 NO RPT $60 . 00 NO Fees Paid $125 . 00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County DECLARATION OF COVENANTS RECEIVED SEP 2, 8 1018 I THIS DECLARATION made this day of J !032V&Q(—, 20fq,Nff�IGti M&� amie Nickolaus & Alexandra Nickolaus Carnicom, with a mailing address of c/o Katie Nickolaus, 100 Great Neck Road,4G, Great Neck,NY 11021 hereinafter referred to as "DECLARANTS": WITNESSETH: WHEREAS, DECLARANTS are the owners of certain real property located at 17555 Soundview Avenue, Southold, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as --District-1-000;-Sectian-5-1,-Block--1,Lot-2, which is more particularly bounded and described asset forth in Schedule "A" annexed hereto,hereinafter referred to as the Property; WHEREAS, the Property is situated on lands within the jurisdiction of the Board of Trustees of the Town of Southold (hereinafter the "Trustees") pursuant to Chapter 275 of the Town Code of the Town of Southold or its successor, and various activities conducted upon the property may thus be subject to the regulation and approval of the Trustees prior to being conducted; WHEREAS, the DECLARANTS therefore made application to the Trustees for a permit pursuant to the Wetlands Law of the Town of Southold to undertake certain regulated activities;and WHEREAS, as a condition of the granting of a Wetlands Permit to undertake such regulated activities,the Trustees required that a vegetated fifteen foot wide"nonturf buffer"(inclusive of+3' berm)be established along the landward side of the bluff crest, NOW,THEREFORE,the DECLARANTS do hereby covenant and agree as follows: 1) Upon the substantial completion of the aforementioned permitted activities there shall be established and subsequently maintained along the landward side of the bluff crest on the subject premises a vegetated fifteen foot wide"nonturf buffer" (inclusive of+3' berm) as defined by Chapter 275 of the Town Code; and 2) These covenants shall run with the land and shall be binding on the DECLARANTS, their heirs, assigns,purchasers,or successors in interest and may be modified only upon resolution of the Board of Trustees. V I C _ RECEIVED SEP 2 8 2G18 SCHEDULE A ZONING BOARD OF APPEALS P -1� ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and Sate of New York, and lying near Horton's Point, so called, and bounded and described as follows: BEGINNING at a point on the northerly side of(new) Sound View Avenue at a point which forms the dividing line between the land of Richard C. Ado and Alfred H. Cosden; RUNNING THENCE along Sound View Avenue South 73°27' 30" West 130 feet to the land now or formerly of the Estate of Joseph H. Marshall; ,�27$3 I THENCE along the land of said Estate of Joseph H. Marshall North 11° 13' 50" West AW4 feet; THENCE South 82°34' 30" West 141.08 feet to the land now or formerly of the Estate of Joseph H. Marshall; THENCE along the land of said Estate of Joseph H. Marshall North 17° 5' 30"West 514 feet more or less, to the mean high water mark of Long Island Sound; THENCE in a southeasterly direction along the mean high water mark of Long Island Sound a distance of 335.42 feet more or less, to the land of Alfred H. Cosden; THENCE RUNNING along the land of said Alfred H. Cosden South 13° 5' 30"East 370 feet more or less, to a monument marking the dividing line between the land of said Alfred H. Cosden and the land of Richard C. Addy; THENCE South 11° 10' 30"East 287.72 feet to the point or place of BEGINNING. 3 1 TOWN OF SO .. �.... TI�LDkOPEIRTY RECORD CARS . NER 41 m OWN r STRE6Y' �'� VILLAGE DISTRICT SUB, LOT Ile13 v IL e&l F —;;r 40R�ER OW� i /te l Cl/f-0f L7({ N p, E" ," 27, j0 ACREAGE S TYPE OF BUILDING ?- L- RES. SEAS. VL. FARM / Comm. I IND. �J CB. , misc. LAND iMp• TOTAL DATE REMARKS 0 en e , , s�. - Y -. Sp 7,001 �. � LI D Dr,000 ,Z" � So $,I - cn o 6_?6 D .z �/ a Z-3 �Z—� Z 770 2 '/l/tIC.JS ' us ]�a l i - y nl ` AGE BUILDING CON iTIoN X23 /Z --L l Z7�Q "I"' cCOI s NEW NORMAL W ABOVE farm er Acre alue A J17i ,D Tillable 1 LLn Tillable z . TOWN LID ALT m, Tillable. 3 SEF 6 1018 /z o Lo-- --- Woodland /o /os- 0 o /os- Swampland m Brushland o ao N House Plot �,.� ° cm < LO A N v70 m m D m r Tom ION ab .� R Yl� 0 19 IL. .- ;� iii■i■��■■i RENE MEK 12 MR in!■��-ter• �rrrYirlrrRi���l ■■Eiif�ii�■iiiii �. • 1p I • - W. ■ 1. r � • ' v i �� / / - ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE : OCTOBER 9, 2018 ZBA# NAME OF APPLICANT CHECK# AMOUNT 7241 Nickolaus, Katie, 7474 $500.00 Alexandra and Jamie outhold Town Clerk TOTAL $500.00 Sent via Inter-Office to Town Clerk by: DW Thank you. =,� --- -_;�• �..:..:.- '•--M. .-- .��" _,-• -,�.. a;�-"-�-.mss::,-`-�.,.-".°-.. .�•_..-�, -_.. 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'd...^' -+,.,+.... �.""j,, ,.."'^'t..°e.e.,°• °`^�a.,�"'m r _'- � • ri~�"EfV=C-ON�UL'TANT$--�-�".,.�,.ti_ ..--�. �.. •mow=�,. �-� -.... .,.�.�y,:•,,�..�_` ,.�.. p.�.` .,�.. ..� ..�. = -.---1349-NO ill+SEAROAD=PLi:-(6:ff):283Lf •.F •"`s'i d. .,,.i +,+ �,.,,,`--"✓...,a +r ,...,,, 's•,.«<�•�'°'~ �+.h,•tl'"�'`� YM'�-«m,,,>'°.,y��ew,..✓" "'y.s,n 'Oe.'". �FMEtWY1��9NBSY'y°'°e^5+n �„i _ SOUFiANSPTZiTrY ON.".:NYNJ 1:9.68 r`' a �Q 8'66%24 4 �^.."^w.r`"'.'W +„ •-✓"�`.°^-,..r•s°"i,.,....!',. �..v,,.,,�✓.:.,,,"+.r°s+'m`'.'+...:°"..,�”.w".*=.s•s✓".,�r,+,✓"'-,«,�,>.�+°'°•"""'«.. ,+ ••,.�.,a, ,,,,os..r. ,,,".,,.» ..w.s,,,.��„y,,,..r'".".w PAYTHE ' "" ✓ ^w �.` b 1 — o ,b ., mow... W ti ,, Y s° ✓ 3 <.-^�/I� «il,%�•rte ""'��^`^� ..,.+�»�`ti.s"! "'"°=,..s"_ »a..:. ...,,,,,». �. -. '�«`�J. j1^u,V�+... _ ,,.'"+,. ..- "�.- `,..,.__�'"'^-«`,"..,�--Y•..`.�'''o p~""°"-"`",--'"",".w.",�..`rCSCSDO�.LAE1s��y,,..'.'" a�;.°��,. �"'�"'•'"-•,�_ .s e ,.. .,,�`L��fw.-«,. r�•r r"'+w ✓'y^•ti �^«. ,.�•''.`c-•._ -e_ ,. ..-rv''^*."" .✓�`-. r «<. ..4w.. .,o"'^°. '•� V"-.,r" "�-.L.s""�"`".....,..+`-„....�yysLsesssmMa--•..,r �'°._ .r^«.•,,.m..."�”"`�.,.,,-"".."�' '�"• ,,,,,,,.n°'M1'�a..r°"�. � p,n,.g,� .�;^«4��.._.•.•q»��,.,,•*„,,,�.�,'^"P».`wc.,^',-'°',m„”�," +,' .,.,,+^"` -«m..' t,,,,..'°w`Ap //"±,.„�ff�'«.w�+Andgwe mm,, .,,,....��,.... p-'"'�`'^+,..,.- '`.<...i�=�.�'" -...,...-'"�^^hLL. �',y'°���,.,"t,: "`' `w .r•'�" w "'+`",y�si:,rc'''y�'..ar,••"'°" ,.w ,� ELIZABETH A.NEVILLE,MMC ��®�guFFocC® Town Hall,53095 Main Road TOWN CLERK I P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 0 Fax(631)765-6145 MARRIAGE OFFICER ,j. ®�. 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: October 9, 2018 RE: Zoning Appeal No. 7241 Transmitted herewith is Zoning Appeals No.7241 En-Consultants for Katie,Alexandra & Jamie Nickolaus: ✓ 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- 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- Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 10/09/18 Receipt#: 248925 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7241 $500.00 Total Paid: $50000 Notes: Payment Type Amount Paid By CK#7474 $500.00 En-Consultants Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Nickolaus, Katie Alexandra &Jamie 17555 Soundview Ave. Southold, NY 11971 Clerk ID: JENNIFER Internal ID.7241 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �QF SDUry 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric DantesCATown Annex/First Floor, Robert Lehnert,Jr. �pQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento ���couSouthold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 October 10, 2018 Suffolk County Soil and Water Conservation District Attn: Corey Humphrey 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA# 7241 —Nickolaus, Katie, Alexandra and Jamie Dear Sir or Madam: We have received an application for a project adjacent to a waterway, shown on the enclosed site map. The hearing on this application is expected to be held in approximately 3 weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Leslie K. Weisman Chairperson By: Encls. Survey/Site Plan: Nathan Taft Corwin III Land Surveyor, Dated July 10, 2018 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®��®� ®��ey®�® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora :W_ _ . Office Location: Eric Dantes w Town Annex/First Floor,Capital One Bank Robert Lehnert,Jr. i5k o M1�� � 54375 Main Road(at Youngs Avenue) Nicholas Planamento C®� Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 7, 2019 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, FEBRUARY 7, 2019: 1:15 P.M. - KATIE NICKOLAUS, ALEXANDRA NICKOLAS CARNICOM AND JAMIE NICKOLAUS #7241 — Request for a Variance under Article III, Section 280-15 and the Building Inspector's August 20, 2018 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool at: 1) located in other than the code required rear yard; located at: 17555 Soundview Avenue, (Adj. to Long Island Sound) Southold, NY. SCTM#1000-51-1-2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov. Dated: January 17, 2019 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 Z04AG 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 January 7, 2019 Re : Town Code Chapter 55 -Public Notices for Thursday, February 7, 2019 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before January 22"d: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing providing the returned letter to us as soon as possible: AND not later than January 29th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later January 30th: 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 February 5, 2019. C 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. 14U' T1k'0E CoF HEA' Ri "i40, The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME : NICKOLAUS , KATIE , ALEXANDRA, JAMIE # 7241 SCTM # m. 1000-51 - 1 -2 VARIANCE: LOCATION REQUEST : CONSTRUCT AN ACCESSORY INGROUND SWIMMING POOL DATE : THURS. , FEB . 71 2019 1 : 15PM 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 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS ?a41 SOUTHOLD, NEW YORK iLkvIaae- AFFIDAVIT OF In the Matter of the Application of MAILINGS Katie Nickolaus, Alexandra'Nidcolaus Carnicomp.and Jamie Nickolaus (Name of Applicants) SCTM Parcel ff 1000=51-- 1 - 2 COUNTY OF SUFFOLK STATE OF NEW YORK L Robert E. Hermann mat dba En-Consultants, 1319 North`'Sea-Road, Southampton New York, being duly sworn, deposes and says that. Oa the lith day of January , 2019, I personally mailed at the United States Post.Office in Southmapton ,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( g)Assessors,or( ) County Real Property Office for every property which abuts and is akross a public or private street, or•vehicular right-of-way of record, surrounding thea licarit's property. (Signature) Swoin td before me this 11th day of Jana_ 22019 KIM H , ST€PH€NS NOTARY -PUBLIC STATE OF NEW YORK COMMISSION NO . 5015931- P,u6li QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 , 20-.9-1 _ 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 KATIE NICKOLAUS, ALEXANDRA NICKOLAUS CARNICOME & JAMIE NICKOLAUS 17555 SOUNDVIEW AVENUE SOUTHOLD,NY SCTM#1000-51-1-2 1000-51-1-1 Edward C. Booth Revoc Trust 17235Soundview Avenue Southold, NY 11971 1000-51-1-3 Michael McAllister Barbara Jones 17665 Soundview Avenue Southold,NY 11971 1000-51-2-8.2 & 8.6 Edward C. Booth Revoc Trust Patricia S. Booth Trust 17235Soundview Avenue Southold,NY 11971 r i , f ■ • iAVOW' oo . ) CO Mail Only; ru Ln Cru tr� � Certified Mall Fee � Y I] $ 0 ) Extra SBNICBS&Fees(check box,edd lee as appropriate ❑ Return Receipt(hardcopy) O E]Return Receipt (electronic) $ ,, 1gp�,O iD�arlta 1� []Certified Mail Restricted Delivery $ i(� ' Jt4 Here iC3 ❑Adult Signature Required ❑ $ \ Adult Signature Restricted Delivery$ +C3 Postage f7l $ cO Total Postagt A $ CO Sent To Michael McAllister r-q Barbara Jones C3� St�eef and Ap�. 17665 Soundview Avenue tCity,Stae,z] Southold,NY 11971 ,••p Certified Mail Fee <�t\?!O C3 $ ; In - r E:l Extra Services&Fees(checkbox,add lee as appropriate)„ ❑Return Receipt(hardcopy) $ v 0 ❑ReturnReceipt(electronic) $ O ❑Certified Mail Restricted Delivery $ JAN®,lere 0 ❑Adult Signature Required $ 1 ❑Adult Signature Restricted Delivery$ �p Postage rn CO r-q Tota $ ' ,cO Ser, Edward C. Booth Revoc.Trust ;o YR 17235 Soundview Avenue r- cty Southold,NY 11971 I JIru o• • 1ru ,LnI • � ' aE Certified Mail Fee - )r-3 Extra Services.&Fees(checkbox,add lee as appropriate) ❑ Return Receipt(hardcopy) $ �'pa►', U` ❑Retum Receipt(electronic) $ ^� Postrp \ �O ❑Cert'Fled Mad Restricted Delivery $ ,,_) +Wer ^ 10 ❑Adult Signature Required $ ® ��\\ []Adult Signature Restricted Delivery$- its , • n i �p Postage M7 Total , $ Edward C.Booth Rev6c. Trust ep Sent Patricia S. Booth Trust ra _____ IO Stree 17235 Soundview Avenue Southold,NY 11971 ------------- • ® • • . o ■ Complete items 1,2,and 3. A Signature ■ Print your name and address on the reverse X /// -Agent— Print t so that we can return the card to you. ❑Addressee ' ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery i or on the front if space permits. ,\ 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes If YES,enter delivery address below: ❑No \d-� I 7 1 Edward C. Booth Revoc.Trust Patricia S.Booth Trust 3. Service Type ❑Priority Mail Express® 17235 Soundview Avenue ❑Adult Signature ❑Registered MalITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted Southold,NY 11971rtified Mail® Delivery t LI Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise j i— ------ --- Delivery Restricted Delivery ❑Signature ConfirmationTM 7 018: 18 3 0.-0 0 0-2 .0 0 6 2 .5 2 9 2ell ❑.signature Confirmation 'ail Restricted belivery-t Restricted Delivery 3 (over$500), PS Form 3811,July 2015 PSN 7530-02-000-9053 r. �'Domestic Return Receipt kNbERII® • ■ Complete items 1,2,and 3. A. Signature13 Agent ) i ■ Print our name and address on the reverse / so that we can return the card to you. X //,IV ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. .- j1. Article Addressed to: D. Is delivery address different from Item 17 ❑Yes If YES,enter delivery address below: ❑No I Edward C. Booth Revoc.Trust ! 3. Service Type ❑Priority Mail Express® / 17235 Soundview Avenue ❑Adult signature ❑Registered MaiITM Southold,NY 11971 ❑Adult Signature Restricted Delivery ❑Registered Mail Restrir) IkCertified Mail® Delivery 11 Cert ifled Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 7 0'18 ;18 3 0 i j 0-0 0 2 •0 0 6 2 5 315^ �7elivery Restricted Delivery ❑Signature Confirmatio i t } i �j j j d i l 'I 11 (I 1� �OjSignature Confirinatio I(over$500) Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Rece� EN-CONSULTANTS January 29,2019 Southold Town Zoning Board of Appeals Town Hall 53095 Main Road P.O.Box 1179 Southold,NY 11971 Attn.: Kim Fuentes Re: #7241 Katie Nickolaus,Alexandra Nickolas Carnicom& Jamie Nickolaus 17555 Soundview Avenue, Southold SCTM#1000-51-1-2 Dear Ms.Fuentes: In accordance with the directions Public Notice requirements,enclosed are the Affidavit of mailing with parcel numbers,name and addresses as shown on the assessment rolls mamtained by the Southold Town Assessors' Office, and the green/white receipts postmarked by the Post Office. As of this date,no green signature cards or envelopes returned"undeliverable" have been received from the Post Office. Sincerely, AWKims'ttephens Enc. 1319 North Sea Road I Southampton,New York 11968 1 p 631.283 6360 1 f 631.283.6136 www.enconsultants.com environmental consulting I TOWN OF SOUTHOLD ZONING BOARD OF APPEALS `1d�6 SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING Katie,Nic olaus, A]�ex #a Nidkolaus Carnican, and Jamie Nickolaus ' rte1�(Narne - Regarding-Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000-51 - 1 - 2 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Robert E. Hernann S k" dba En7Consultants, 1319 North Sea Road, " Southampton ,New York, being duly sworn, depose and say that: On,the 29th day of 'January ,2019 , I personally placed the Town's Official Poster, with the date of hearing and-nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way ightof- 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 hearitig date was shown to be February 7,_2019. (Signature) Sworn to before me this .5 Day of , 2019 KIM H . STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO . 5015931 yPu Iic QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 , 20 i * near the entrance or driveway entrance of my property, as the area most visible to passerby. #0002303640 STATE OF NEW YORK) )SS: Il-( t-A-fiT�` X5 COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES ' a weekly newspaper,published at Mattituck, in the Town of Southold,County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 01/31/2019 Principal Clerk 4164- Sworn to before me this day of D zle, . CHRISTINA VOLINSKI MARY PUBLIC-STATE OF NEW YORK No.01V06106050 ®lt Iled in Suffolk County Ik b7lit MI0h 1XPM febywy 28,2020 TYPESET. Tue Jan 15 15.56.34 EST 2019 mum side yard setback of 10 feet;2)more The Board of Appeals will hear all persons or LEGAL NOTICE than the code permitted maximum lot cover- their representatives,desiring to be heard at SOUTHOLD TOWN ZONING BOARD age of 20%;located at: 1980 Sigsbee Road, each hearing,and/or desiring to submit writ- OF APPEALS Mattituck,NY.SCTM#1000-144-1-15. ten statements before the conclusion of each THURSDAY,FEBRUARY 7,2019 1:00 P.M.RENEE PONCET AND STE- hearing. Each hearing will not start earlier PUBLIC HEARINGS PHEN FITZPATRICK/CGC BAY- than designated above Files are available for NOTICE IS HEREBY GIVEN,pursuant to BERRY, LLC (CV) #7242 Request for review during regular business hours and Section 267 of the Town Law and Town Code Variances under Article IV,Section 280-18; prior to the day of the hearing.If you have Chapter 280(Zoning),Town of Southold,the and the Building Inspector's August 28,2018, questions,please contact our office at,(631) following public hearings will be held by the Notice of Disapproval based on a detetmina- 765-1809, or by email: kimf @ SOUTHOLD TOWN ZONING BOARD OF tion for lot recognition,at;1)at less than the southoldtownny.gov APPEALS at the Town Hall,53095 Main code required minimum lot size of 40,000 sq. Dated.January 17,2019 Road, Southold, New York on ft.,2)less than the code required minimum lot ZONING BOARD OF APPEALS THURSDAY,FEBRUARY 7,2019. width of 150 feet,located at:702 Wiggins LESLIE KANES WEISMAN, 10:15 A.M.—MGH ENTERPRISES INC/ Lane, (Adj. to Gull Pond Inlet) Greenport, CHAIRPERSON T-MOBILE#7274-Request for a Variance NY.SCTM#1000-35-4-28.36. BY:Kim E.Fuentes under Article XIII,Section 280-56;and based 1:15 P.M.-KATIE NICKOLAUS,ALEX- 54375 Main Road(Office Location) on an application for a permit to collocate a ANDRA NICKOLAS CARNICOM AND 53095 Main Road(Mailing/USPS) wireless communications facility on subject JAMIE NICKOLAUS#7241—Request for P.O.Box 1179 property at: 1) less than the code required a Variance under Article III,Section 280-15 Southold,NY 11971-0959 minimum side yard setback of 25 feet, lo- and the Building Inspector's August 20,2018 2303640 cated,at:40200 NYS Route 25,(Adj.to Gar- Notice of Disapproval based on an applica- deners Bay) Orient, NY. SCTM# tion for a permit to construct an accessory 1000-15-9-8.1. in-ground swimming pool at: 1) located in 10:30 A.M.-THOMAS AND ROBERTA other than the code required rear yard;located MAGG #7236SE —Request for a Special at:17555 Soundview Avenue,(Adj.to Long Exception under Article III, Section 280- Island Sound) Southold,NY. SCTM#1000- 13B(13) The Applicants are the owners of 51-1-2. subject property requesting authorization to 1:20 P.M. - FIRST UNIVERSALIST create an Accessory Apartment in an existing CHURCH#7123SE—Request for Special accessory structure, at: 7020 Peconic Bay Exception pursuant to Article III, Section Boulevard,(Adj.to Great Peconic Bay)Lau- 280-13 B(1)and Article VIII,Section 280-38 rel,NY.SCTM#1000-126-11-6. B(1),the applicant is requesting permission 10:45 A.M.-HOUND LANE,LLC,FISH- to construct a new house of worship building ERS ISLAND#7237—Request for Variances upon a parcel with an existing single family under Article XI,Section 28049 and Section dwelling and a parish house, located at. 280-50,and the Building Inspector's August 51970 Route 25,Southold,NY SCTM No. 10,2018,Amended August 22,2018 Notice 1000-63-6-6.1&1000-63-6-6.2. of Disapproval based on an application for a 1:30 P.M.-VANSTON BEAR,LLC#7243 permit to alter an existing building into a —Request for Variances under Article XXII, restaurant on the first floor and to construct a Section 280-116A; Article XXIII; Section second story addition for two apartment units; 280-123A;and the Building Inspector's Sep- at:1)the second story addition shall have less tember 20,2018,Amended October 5,2018 than the code required minimum front yard Notice of Disapproval based on an applica- setback of 100 feet;2)the second story addi- tion for a permitto demolish an existing single tion shall have more than the required mini- family dwelling and build a new single family mum 60 linear feet of frontage on one street; dwelling,construct an accessory garage/barn, 3)landscaping area measuring less than the construct an accessory in-ground swimming required 35%of subject lot,located at:Hound pool,and make alterations to an existing"car- Lane,Fishers Island,NY.SCTM#1000-12-1- riage house"; at: 1) single family dwelling 71. located less than the code required 100 feet 11:00 A.M. - JACK AND BARBARA from the top of the bluff;2)the existing non- STAVRIDIS#7238—Request for a Variance conforming accessory carriage house which under Article XXIH,Section 280-124 and the contains a nonconforming use is structurally Building Inspector's July 25,2017 Notice of altered or moved, unless such building is Disapproval based on an application for a changed to a conforming use;located at 5250 permit to legalize "as built" additions and Vanston Road, (Adj. to Cutchogue Harbor) alterations' to an existing single family Cutchogue,NY.SCTM#1000-111-10-14. dwelling,at: 1)less than the code required 1:45 P.M.-SOUTHOLD SUNSETS,LLC minimum rear yard setback of 35 feet,located #7103—Request for a Variance under Article at- 170 Ruth Road, Mattituck, NY. XXIII,Section 280-124 and the Building In- SCTM#1000-106-5-35 spector's July 31,2017 amended October 10, 11:15 A.M.-S3S LLC,MARTIN KOSM- 2017 Notice of Disapproval based on an ap- YNKA#7239—Request for Variances under plication for a permit to demolish an existing Article XV,Section 280-64 A&C,and Sec- dwelling and construct a new single family tion 280-50, and the Building Inspector's dwelling;at 1)less than the code required May 25,2018,Amended August 10,2018 and minimum front yard setback of 35 feet,lo- October 16, 2018 Notice of Disapproval cated at:4200 Kenneys Road(Adj.to Long based on an application for a permit to con- Island Sound),Southold,NY SCTM#1000- struct buildings for a self-storage business;at: 54-4-3. 1)two buildings having less than the code 2:00 P.M.-8100 HORTONS LANE,LLC required minimum front yard setback of 100 #7214—Request for a Variance from Article feet from a right of way,located at 65 Com- III,Section 280-13 and the Building Inspec- merce Drive,Cutchogue,NY.SCTM#1000- tor's July 5, 2018 Notice of Disapproval 96-1-1.3 based on an application for a building permit 11:30 A.M.-STEVEN CROM#7240—Re- to demolish an existing single family quest for Variances under Article XXIII,Sec- dwelling and construct a new single family tion 280-124 and theBuilding Inspector's Au- dwelling,at;1)more than the code required gust 17,2018,Amended September 18,2018 maximum allowed two and one-half(2-1/2) Notice of Disapproval based on an applica- stories;located at:8100 Hortons Lane,(Adj. tion for a permit to make additions and alter- to Long Island Sound),Southold,NY.SCTM ations to an existing single family dwelling at: No. 1000 54-4-31. 1)located less than the code required mini- BOARD MEMBERS -- ,/'Southold Town Hall Leslie Kanes Weisman,Chairperson OF S0!/r�o 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �, Town Annex/First Floor Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �IyCOUM��v Southold,NY 11971 http://southoldtowmy.gov ZONING BOARD OF APPEALS D f� C E �I E TOWN OF SOUTHOLD LS Tel.(631) 765-1809•Fax(631)765-9064 Q C T s 9 2019 Southold Town October 9,)2018 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. #7241 Nickolaus, Katie, Alexandra and Jamie Dear Mark: We have received an application to construct an accessory swimming pool. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: Encl. Survey/site plan: Nathan Taft Corwin III Land Surveyor Dated July 10, 2018 1 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson OF SoUryO 53095 Main Road•P.O.Box 1179 �� Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes y� Town Annex/First Floor. Robert Lehnert,Jr. �p� 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoOI,yCou Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631) 765-9064 October 9, 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 #7241 Owner/Applicant: Nickolaus, Katie, Alexandra and Jamie Action Requested: Construct an accessory swimming pool Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Ch irpersoa_ I iji/I/ 1 '4 By: Encls. Survey/Site Plan: Nathan Taft Corwin III Land Surveyor Dated July 10, 2018 BOARD MEMBERS Southold Town Hall ��OF SO 53095 53095 Main Road•P.O.Box 1179 Leslie Kanes Weisman,Chairperson Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �, Town Annex/First Floor, Robert Lehnert,Jr. �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��yCouv Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 February 27, 2019 Robert Herrmann En-Consultant 1319 North Sea Road Southampton,NY 11968 Re: ZBA File# 7241 Nickolaus, 17555 Soundview Avenue, Southold SCTM No. 1000-51-1-2 Dear Mr. Herrmann; Transmitted for your records is a copy of the Board's February 21, 2019 Findings, deliberations and Determination,the original of which was filed with the Town Clerk-- - - - regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. If you have any questions, please call the office. �Sincer ly, Kim E. 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