HomeMy WebLinkAbout42619-Z �� c�U6FOt��a� Town of Southold 5/24/2019 '
P.O.Box 1179
53095 Main Rd
Q4, �4` Southold,New York 11971
CERTIFICATE OF OCCUPANCY
No: 40410 Date: 5/24/2019
THIS CERTIFIES that the building ACCESSORY
Location of Property: 9775 Nassau Point Rd, Cutchogue
SCTM#: 473889 See/Block/Lot: 119.4-6.1
Subdivision: Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore filed in this office dated
9/28/2017 pursuant to which Building Permit No. 42619 dated 4/27/2018
was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for
which this certificate is issued is:
ACCESSORY IN-GROUND SWIMMING POOL,FENCED TO CODE,PER ZBA DECISION#7128,DATED
03-15-2018,AS APPLIED FOR
The certificate is issued to Negri,Peter&Elizabeth
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL
ELECTRICAL CERTIFICATE NO. 42619 09-11-2018
PLUMBERS CERTIFICATION DATED
o ' ed Signature
I
gUfED(,�, TOWN OF SOUTHOLD
BUILDING DEPARTMENT
® - TOWN CLERK'S OFFICE
oy,• o SOUTHOLD, NY
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES
WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS
UNTIL FULL COMPLETION OF THE WORK AUTHORIZED)
Permit#: 42619 Date: 4/27/2018
Permission is hereby granted to:
Negri, Peter & Elizabeth
100 Hilton Ave PH4
Garden City, NY 11530
To: construct an accessory in-ground swimming pool as applied for per ZBA, Trustees and
DEC NJ letter.
At premises located at:
9775 Nassau Point Rd, Cutchogue
SCTM # 473889
Sec/Block/Lot# 119.-1-6.1
Pursuant to application dated 9/28/2017 and approved by the Building Inspector.
To expire on 10/27/2019.
Fees:
SWIMMING POOLS -IN-GROUND WITH FENCE ENCLOSURE $250.00
CO - SWIMMING POOL $50.00
Tota . $300.00
Building Inspector
f
Form No.6
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
765-1802
APPLICATION FOR CERTIFICATE OF OCCUPANCY
This application must be filled in by typewriter or ink and submitted to the Building Department with the following:
A. For new building or new use:
1. Final survey of property with accurate location of all buildings,property lines, streets, and unusual natural or
topographic features.
2. Final Approval from Health Dept. of water supply and sewerage-disposal(S-9 form).
3. Approval of electrical installation from Board of Fire Underwriters.
4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of I% lead.
5. Commercial building, industrial building,multiple residences and similar buildings and installations,a certificate
of Code Compliance from architect or engineer responsible for the building.
6. Submit Planning Board Approval of completed site plan requirements.
B. For existing buildings (prior to April 9, 1957) non-conforming uses,or buildings and "pre-existing" land uses:
1. Accurate survey of property showing all property lines,streets, building and unusual natural or topographic
features.
2. A properly completed application and consent to inspect signed by the applicant.If a Certificate of Occupancy is
denied,the Building Inspector shall state the reasons therefor in writing to the applicant.
C. Fees
1. Certificate of Occupancy-New dwelling$50.00,Additions to dwelling$50.00,Alterations to dwelling$50.00,
Swimming pool$50.00,Accessory building$50.00,Additions to accessory building$50.00,Businesses $50.00.
2. Certificate of Occupancy on Pre-existing Building- $100.00
3. Copy of Certificate of Occupancy- $.25
4. Updated Certificate of Occupancy- $50.00
5. Temporary Certificate of Occupancy-Residential$15.00,Commercial $15.00
Date. March 16, 2018
New Construction: r Old or Pre-existing Building: (check one)
Location of Property: 9775 Nassau Point Road - Cutchogue
House No. Street Hamlet
'Owner or Owners of Property: Peter Negri
Suffolk County Tax Map No 1000, Section 119 Block 01 Lot 6.1
Subdivision Nassau Point Filed Map. 156 Lot: 77 + 78
Permit No. q Date of Permit. Applicant:Jonathan Paetzel
Health Dept. Approval: Underwriters Approval:
Planning Board Approval:
Request for. Temporary Certificate Final Certificate: (check one)
Fee Submitted: $
Applicant Signature
Town Hall Annex Telephone(631)765-1802
54375 Main Road Fax(631)765-9502
P.O.Box 1179
Southold,NY 11971-0959 �® �® roger.richertOD-town.southold.ny.us
Cow N'
BUILDING DEPARTMENT
TOWN OF SOUTHOLD
CERTIFICATE OF ELECTRICIAL COMPLIANCE
SITE LOCATION
Issued To- Peter Negri
Address: 9775 Nassau Point Rd City: Cutchogue St: New York Zip. 11935
Budding Permit#• 42619 Section: 119 Block- 1 Lot: 61
WAS EXAMINED AND FOUND TO BE IN COMPLIANCE WITH THE NATIONAL ELECTRIC CODE
Contractor: DBA: G&S Electric License No: 578-ME
SITE DETAILS
Office Use Only
Residential X Indoor Basement Service Only
Commerical Outdoor X 1 st Floor Pool j X
New Renovation 2nd Floor Hot Tub
Addition Surrey Attic Garage
INVENTORY
Service 1 ph Heat Duplec Recpt Ceding Fixtures HID Fixtures
Service 3 ph Hot Water GFCI Recpt Wall Fixtures Smoke Detectors
Main Panel A/C Condenser Single Recpt Recessed Fixtures CO Detectors
Sub Panel 60a A/C Blower Range Recpt Fluorescent Fixture Pumps
Transformer Appliances Dryer Recpt Emergency Fixtures Time Clocks
Disconnect Switches Twist Lock Exit Fixtures 11 TVSS 11
Other Equipment. In ground swimming pool to include, bonding, control panel, pool cover motor,
8-GFCI circuit breakers,pool lights,gas pool heater,pool filter pump,spa pump,spa blower.
Notes
Inspector Signature: Date: September 112018
81-Cert Electrical Compliance Form.xls
�o�aOF 50Ulyo�
TOWN OF SOUTHOLD BUILDING DEPT.
765-1802
INSPECTION
[ ] FOUNDATION 1ST [ ] -ROUGH PLBG.
[ ] FOUNDATION 2ND [ ] INSULATION
[ ] FRAMING /STRAPPING [ ] FINAL
[ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION
[ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION
[ ] ELECTRICAL (ROUGH) ) ELECTRICAL (FINAL)
[ ] CODE VIOLATION [ ] CAULKING
REMARKS:
DATE INSPECTOR
SOpI�°
# TOWN OF SOUTHOLD BUILDING DEPT.
u 765-1802
INSPECTION
[ ] FOUNDATION 1ST [ ] ROUGH PLBG.
[ ] FOUNDATION 2ND [ ] SULAT ON
[ ] FRAMING /STRAPPING [ FINAL
[ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION
[ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION- ---
[ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FINAL)
[ ] CODE VIOLATION ] AULKING
-4REMARKS: IA �� pct,
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DATE INSPECTOR
1Y S OUTy
f TOWN OF SOUTHOLD BUILDING DEPT.
coum" 765-1802
INSPECTION-
FOUNDATION
1ST [ ] ROUGH PL13G.
[ ] FOUNDATION 2ND [ PC,
SULAT N
[ ] FRAMING /STRAPPING [ ] IN
[ ] lt'�
FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION
[ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION
[ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FINAL)
[ ] CODE VIOLATION [ ] CAULKING
REMARKS:
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TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST
BUILDING DEPARTMENT Do you have or need the following,before applying?
ifOWN&ALL Board of Health
SOUTHOLD,NY 11971 / 4 sets of Building Plans
TEL:(631)765-1802 Planning'3oard approval
FAX:(631)765-9502 22 Suet____
Southoldtownny.gov PERMIT NI:N. Check _
Septic Form _
N.Y.S.D.E.( _
Trustees_ _
C.O.Applicm n
Flood Permit__
Examined 20 Single&Separate
Truss Identification Form
/ Storm-Water Assessment Form
�Xv`/ Contact:
Approved 20 Mail to:
Disapproved a/c
Phone:
Expiration -7 20_T�
D •Building Inspe �` —�—'---
1� IDD
D PLICATION FOR BUILDING P
APR 1 0 2018 Date 20
INSTRUCTIONS
87W fiWQ1ioa'td'&1%UST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4
T1l a@J& iZo scale.Fee according to schedule.
b.Plot plan showing ocahon of lot and of buildings on premises,relationship to adjoining premises or public streets or
areas,and waterways.
c.The work covered by this application may not be commenced before issuance of Building Permit.
d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant.Such a permit
shall be kept on the premises available for inspection throughout the work.
e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the
property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an
addition six months.Thereafter,a new permit shall be required
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or
Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The
applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to admit
authorized inspectors on premises and in building for necessary inspections.
11A&6f
(gignatffe of applicant or name,if a corporation)
104 1074 ST ► GAQ&N 0"V 1W 11530
(Mailing address of app iccaant)
State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder
ARcht1T60T
Name of owner of premises pgrm N riuu
(As on the tax roll or latest deed)
If applicant is a corporation,signature of duly authorized officer
(Name and title of corporate t1 C c
?$ er) r 1 se
Builders License No. 7 SCd� � , Sul ,
Plumbers License No.
Electricians License No.
Other Trade's License No.
1. Location of land on which proposed work will be done:
9775 NAI.SAU P01N4 gt. CuTtwyc,
House Number Street Hamlet
County Tax Map No. 1000 Section j19 Block 01 Lot 6 S 4 db
Subdivision Filed Map No. Lot
2. State existing use and occupancy of premises Vd intende1d use and occupancy of proposed construction:
a. Existing use and occupancy S. amt 1�., Qeg3f�p
b. Intended use and occupancy S 1 , Mt rj
3. Nature of work(check which applicable):New Building Addition x Alteration
Repair Removal Demolition___X Other Work
(Description)
4. Estimated Cost $1q0,600 Fee
(To be paid on filing this application)
5. If dwelling,number of dwelling units rJ Number of dwelling units on each floor k}--'—"L Q -4
If garage, number of cars 3 (no 1�utit�- ar S4tat is JJ-4,;,)
6. If business,commercial or mixed occupancy,specify nature and extent of each type of use.
7. Dimensions of existing structures,if any:Front jM Rear /2,0' Depth 60'
Height 35' Number of Stories T
Dimensions of same structure with alterations or additions:Front fill' Rear )yl
Depth 461 Height 3S' Number of Stories 2
8. Dimensions of entire new construction:Front 46 La Rear S=9 Depth 7'
Height 13"- 1 2''_Number of Stories 1
9. Size of lot:Front 22$.141 Rear 203.72 Depth 02 2�9_SMAN ��3 � P1at,T11
10.Date of Purchase Name of Former Owner gom tNn -
11.Zone or use district in which premises are situated RAO
12.Does proposed construction violate any zon. law,ordinance or regulation?YES NO
illavia Sat 101 :Z0 b& -tost'do3 ZOA4 71U :1W c6 VJZ 41ST18
13.Wilt[lot be�{e--graded?YES NO X Will excel fill be rei d fro.1premises?YE�S�--NO x
r 4�T IG�arp�.e� QtJWtOvc� lcr pud� .r S1tic '�arT c� �an45y- h y
14.Names of Owner of premises Naml Address 601 P one No. 514-459- 3) 3
�I Name of Architect MKT11At—u� Address f + Phone No 81M-HOI- 26q
Name of Contractor fO�tD Sc�Ke�R.T Address 714 Phone No. G31- 71% 1036
15 a.Is this property within 100 feet of a tidal wetland or a freshwater wetland?*YES_)!,-NO
*IF YES,SOUTHOLD TOWN TRUSTEES&D.E.C.PERMITS MAY BE REQUIRED.
b.Is this property within 300 feet of a tidal wetland?*YES_)(_NO
*IF YES,D.E.C.PERMITS MAY BE REQUIRED. N/p 6UI Rn�
16.Provide survey,to scale,with accurate foundation plan/and distances to property lines.
17.If elevation at any point on property is at 10 feet or below,must provide topographical data on survey.
18.Are there any covenants and restrictions with respect to this property?*YES NO X
*IF YES,PROVIDE A COPY.
STATE OF NEW YORK)
SS:
COUNTY OF�
zp Mb �y u being duly sworn,deposes and says that(s)he is the applicant
O 1 N (Name of individual signing contract)above named,
rU
U (S)He is the Aamm :*
Bi:
o a' (Contractor,Agent,Corporate Officer,etc.)
o ^
mH6
n Z43 of said owner or owners,and is duly authorized to perforin or have performed the said work and to make and file this application;
a-5 W that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be
d v o performed in the manner set forth in the application filed therewith.
Sworn to before me thi c7
> o da of ft rl 20�o
WO U
Z
otary Public Signature of Applicant
BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD, NEW YORK ,
PERMIT NO. 9187 DATE: APRIL 5, 2018
ISSUED TO: PETER NEGRI & ELIZABETH KAYE NEGRI
PROPERTY ADDRESS: 9775 NASSAU POINT ROAD, CUTCHOGUE
SCTM# 1000-119-1-6.1
J ' AUTHORIZATION
r
Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in
accordance with the Resolution of the Board of Trustees adopted at the meeting held on April 5, 2018, and in
consideration of application fee in the sum of$250.00 paid by Peter Negri &Elizabeth Kaye Negri and subject
to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and
permits the following:
Wetland Permit to demolish and remove existing 161x21' attached greenhouse and construct i its place
jJP-x7'first-story attached pool cabana addition and,A'x5.5' outdoor shower; construct 4Z01x401 in-
ground swimming pool(partially in place of greenhouse and 87sq.ft.of existing on-grade patio to be
removed); construct a 84sq.ft. raised masonry pool patio around swimming pool(partially in place of
greenhouse and 166sq.ft. of existing on-grade patio to be removed)with 1'x5'step to grade and 2'x4.5'
steps to on-grade patio; construct�124sq.ft.expansion of on-grade masonry patio(partially in place of
L ' existing gravel patio); construct qA 10.5' attached exterior storage shed adjacent to dwelling; removel
existing concrete pad and construct 7'x20' trellis over existing AC units; install pool enclosure fencing;
remove approximately 35 cubic yards of soil material from behind existing boulder retaining wall and
realign wall to allow for pool installation by removing 58 linear feet of existing boulder wall and
y installing 91 linear feet of boulder wall; and establish a 15' wide,approximately 3,110sq.ft. non-turf
buffer along top of bluff; and as depicted on the site plan prepared by Marshall Paetzel Landscape
r
Architecture,dated March 21,2018,and stamped approved on April 5,2018.
IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed,
and these presents to be subscribed by a majority of the said Board as of this.
'S
o�Og�FFO�,�-`OG
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Michael J.Domino,President QF SO(/ly Town Hall Annex
54375 Route 25
John M.Bredemeyer III,Vice-President ,`O lQ P.O.Box 1179
Glenn Goldsmith Je IiL Southold,New York 11971
A.Nicholas Krupski G Telephone(631) 765-1892
Greg Williams Fax(631)765-6641
arm
oo
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
CERTIFICATE OF COMPLIANCE
# 1573C Date:MU 8,2019
THIS CERTIFIES that the demolition and removal of existing_16'x21' attached greenhouse and
construct in its dace a 16'x7' first-story attached pool cabana addition and 4'x5.5'outdoor shower;_construct a
20'x40'in ground swimming pool(partially in place of greenhouse and 87sq ft of existing on-grade natio to be
removed)•construct an 884scgft raised masogy pool patio around swimming pool(partially in place of greenhouse
- — --and 166sq ftof existing on grade patio to be removed)with 1'x5' step to glade and 2'x4.5' steps to on-grade patio;
construct 124sq ft expansion of on grade maso=patio(partially in place of existing gravel patio),•construct a
7'x10 5'attached exterior storage shed adjacent to dwelling-remove existing concrete pad and construct 7'x20'
trellis over existing-AC units;install ool enclosure fencing'remove approximately 35 cubic yards of soil material
from behind existing boulder retaining wall and realign wall to allow for pool installation by removing 58 linear feet
of existing boulder wall and installing 91 linear feet of boulder wall,•and establish a 15'wide approximately
3,11 Osqft non-turf buffer-along top of bluff-,
At 9775 Nassau Point Road,Cutchogue
Suffolk County Tax Map#1000-119-1-6.1
Conforms to the application for a Trustees Permit heretofore filed in,this
office Dated January 12,2018 pursuant to which Trustees Wetland Permit#9187
Dated April 5,2018,was issued and conforms to all of the
requirements and conditions of the applicable provisions of lay. The project
for which this certificate is being issued is for demolition and removal of existing 16'x21' attached greenhouse
and construct in its place a 16'x7' first-story attached pool cabana addition and 4'x5.5'outdoor shower:construct a
20'x40'in ground swimming pool(partially in place of greenhouse and 87sq ft.of existing on-grade patio to be
removed);construct an 884sq_ft raised masonry pool patio around swimming pool(partially in place of greenhouse
and 166sq ft of existing on-grade_ patio to be removed)with 1'x5'step to grade and 2'x4.5' steps to on-grade patio;
construct 124sq ft expansion of on grade masoga patio(partially in place of existing gravel patio)• construct a
Tx10 5'attached exterior storage shed adjacent to dwelling'remove existing concrete pad and construct 7'x20'
trellis over existing AC units,• install pool enclosure fencing;remove approximately 35 cubic yards of soil material
from behind existing boulder retaining wall and realign wall to allow for pool installation by removing 58 linear feet
of existing boulder wall and installing 91 linear feet of boulder wall;and establish a 15'wide approximately
_ 3 110sa ft non-turf buffer along top of bluff.
The certificate is issued to Peter Negri&Elizabeth Kaye Negri owners of the
� af(Ares id property.
Authorized Signature
New York State Department of Environmental Conservation
Division of Environmental Permits
Rm 219, Building 40-SUNY -'
Stony Brook,New York 11790-2356 ��
Telephone(516)4440365
Facsimile (516)444-0360
John P.Cahill
Commissioner
LETTER OF NONn=ISDICTION
Mr. and Mrs. Charles Bovino April 1, 1998
2 High Meadow
Glen Head, NY 11545
Re: Bovino property
9775 Nassau Point Road
Cutchogue, NY 11935
DEC# 1-4738-01897/00001
Dear Mr. and Mrs. Bovino;
a
Based on the information you have submitted, the New York State
Department of Environmental Conservation has determined that:
The property landward of the retaining wall greater than 1001 in
length, constructed prior to 9/20/77, is beyond the jurisdiction of
Article 25 (Tidal Wetlands) .
Therefore, in accordance with the current Tidal Wetlands Land Use
Regulations (6NYCRR Part 661) no permit is required under the Tidal
Wetlands Act . Please be advised, however, that no construction,
sedimentation, or disturbance of any kind may take place seaward of
the tidal wetlands jurisdictional boundary, as indicated above,
without a permit. It is your responsibility to ensure that all
necessary precautions are taken to prevent any sedimentation or
other alteration or disturbance to the ground surface or vegetation
within Tidal Wetlands jurisdiction which may result from your-
project. Such precautions may include maintaining adequate work
area between the tidal wetland jurisdictional boundary and your
project (i.e. a 15 ' to 201 wide construction area) 'or erecting a
temporary fence, barrier, or hay bale berm.
Please bP further advised that this letter does not relieve you of
the responsibility of obtaining any necessary permits or approvals
from other agencies.
jer
my yours,
Evans
t Administrator
ecoc:KPK/En-Con/file
FORM NO. 3
TOWN OF SOUTHOLD
RECEIVED
BUILDING DEPARTMENT '
SOUTHOLD, N.Y. NOV ® 3 2017
NOTICE OF DISAPPROVAL ZONING BOARD OF APPEALS
DATE: October 10, 2017
TO: EN Consultants (Negri)
1319 North Sea Road
Southampton,NY 11968
Please take notice that your application dated September 28, 2017
For a permit to construct additions and alterations to an existing single family dwelling at
Location of property 9775 Nassau Point Road, Cucthogue NY
County Tax Map No. 1000- Section 119 Block 1 Lot 6_1
Is returned herewith and disapproved on the following grounds:
The proposed construction is not permitted pursuant to Article XXII Section 280-116 which states;
"All buildings located on lots adiacent to sounds and upon which there exists a bluff or bank
landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the
top of such bluff or bank."
The ction note set ac f 51 feet from the toD of bluff at its closest pg int.
Authorized atur
Note to Applicant: Any change or deviation to the above referenced application may require
further review by the Southold Town Building Department.
CC: file, Z.B.A.
:t
h BOARD MEMBERS rjF $DUr Southold Town Hall
Leslie Kanes Weisman,Chairperson �y>� y�l 53095 Main Road•P.O.Box 1179
O Southold,NY 11971-0959
c Patricia Acampora Office Location:
Eric Dantes Town Annex/First Floor,Capital One Bank
Gerard P.Goehringer ,^�pp�Q 54375 Main Road(at Youngs Avenue)
Nicholas Planamento �yCOUNT`I ,` Southold,NY 11971
ECRaV[a
&ONING
http://southoldtownny.gov
BOARD OF APPEALS
MAR 2 2 2018 TOWN OF SOUTHOLD
Tel
.(631)765-1809•Fax (631)765-9064
� ���� � .RECE{VE®
TOWN®P ® FOLD
INDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF MARCH 15,2018 V MAR 2 1 2018
ZBA FILE #7128 AMENDED 6?� 4, 69,1 Cer ,
NAME OF APPLICANT: Peter Negri and Elizabeth Kaye Negri
PROPERTY LOCATION: 9775 Nassau Point Road(Adj.to Little Peconic Bay), Cutchogue,NY
SCTM#1000-119-1-6.1
SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration
in this application and determines that this review falls under the Type H category of the State's List of
Actions,without further steps under SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the
Suffolk County Administrative Code Sections A 14-14 thru A 14-25, and the Suffolk County Department
of Planning issued its reply dated November 21, 2017 stating that this application is considered a matter
for local determination as there appears to be no significant county-wide or inter-community impact.
LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront
Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization
Program(LWRP)Policy Standards.The LWRP Coordinator,Mark Terry, issued a recommendation dated
January 22, 2018. Based upon the information provided on the LWRP Consistency Assessment Form, as
well as the records available, it is recommended that the proposed action is INCONSISTENT with LWRP
policy standards; and therefore, is INCONSISTENT with the LWRP. The LWRP Coordinator further
commented that due to a recent restoration project of the bluff face and construction of shoreline
hardening structures (Wetlands Permit#7978)the bluff is vegetated and currently stable. As a result, the
likelihood of damage to bluff stability and shoreline structures from repeated storm events and tidal surge
over time is now moderate.-
With the conditions imposed herein based on the recommendations of Suffolk
County Soil and Water, the Board finds the application CONSISTENT with LWRP policy standards and
therefore CONSISTENT with the LWRP.
SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT: This application was
referred for evaluation and recommendation to the Suffolk County Soil and Water Conservation District.
According to a letter from the agency, dated November 15, 2017 an inspection of the subject property was
conducted on November 15, 2017. During the time of visit it was observed that the property upland of
the bluff was in stable condition and covered in turf grass and landscape material. The general
topography of the property is relatively flat. The home is fitted with gutters and downspouts which
discharge into drywells. The yard is equipped with an in-ground sprinkler system. At least one sprinkler
was observed halfway down the water access stairs, at the top edge of the bulkhead. At the time of the
z,
Page 2,March 15,2018
#7128,Negri(Amended)
SCTM No. 1000-119-1-6.1
i
visit, the bluff appeared to be in stable condition, and was well established with native and landscape
vegetation. Soil and Water recommended that heavy machinery, equipment, or supplies be stored or used
at a minimum setback of 25 feet from the bluff top edge; and removing or discontinuing use of the
sprinkler head located at the top edge of the higher bulkhead. It was also noted that a drywell for pool
dewatering and a non-turf buffer along the top of the bluff is proposed. .
PROPERTY FACTS/DESCRIPTION: The subject property is 87,485 square feet in area with a two story
single family residence with ati attached garage The property measures 493.26 feet along the northerly
property line, 194.14 feet along the easterly property line which runs adjacent to Little Peconic Bay,
385.29 feet along the southerly property line and 228.41 feet along the westerly side which abuts Nassau
Point Road as described in the October 2, 1998 survey map by Nathan Taft Corwin II,L.S.
BASIS OF APPLICATION: Request for Variance from Article XXII, Section 280-16; and the Building
Inspector's October 10, 2017 Notice of Disapproval based on an application for a building permit to
construct additions and alterations to an existing single family dwelling at; 1) less than the code required
100 feet from the top of the bluff,
RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to an
existing family dwelling and a proposed 20 ft.x 40 ft. in ground swimming pool at 51 feet from the top of
the bluff,where the code requires a minimum of 100 feet.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on February 1,2018 at which time
written and oral evidence were presented. Based upon all testimony, documentation,personal inspection
of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following
facts to be true and relevant and makes the following findings:
1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the
character of the neighborhood or a detriment to nearby properties. Nassau Point Road is characterized by
dwellings and accessory structures located substantially less than 100 feet from the top of the bluff. Prior
variances and an aerial photograph documented the non-conforming bluff setbacks of shoreline properties
within about one half mile of the subject property. This pre-existing non-conforming development that
characterizes the neighborhood was the result of a code changes in 2015 and 2017 that expanded the 100
foot bluff setback requirement to bay bluffs in addition to sound bluffs. Additionally,the proposed pool
and attached pool house will not be visible from adjacent properties and the street.
2. Town Law &267-b(3)(b)(2). The benefit sought by the applicants can be achieved by some method,
feasible for the applicant to pursue, other than an area variance. The applicants could conceivably locate
the proposed pool landward of the existing house, in the conforming front yard.However, to do so would
require considerable land disturbance, the clearing of many mature trees in the heavily wooded front
portion of the property, the removal of extensive landscaping, and the demolition and reconfiguration of
the existing driveway and parking area.
3. Town Law M7-b(3)(b)(3). The variance granted herein is mathematically substantial, representing
49% relief from the code. However, the applicant submitted documentation showing that other homes in
the neighborhood have located their swimming pools closer to the bluff than the 51 foot setback proposed
by the applicant, and the pool is proposed at a greater bluff setback than the existing dwelling which is
located 44 feet from the top of the bluff. In addition,the proposed pool location 1 allows for a 25 foot side
yard setback which will avoid disturbing the adjacent property.
Page 3,March 15,2018
#3128,Negri(Amended)
SCTM No. 1000-119-1-6.1
4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this
residential community will have an adverse impact on the physical or environmental conditions in the
neighborhood. Due to the topography of the proposed location, the pool will be elevated above the
groundwater table and pool backwash will be contained in a drywell located 120 feet from the top of the
bluff. Also, a 10 foot wide (2,100 sq. ft.)_non-turf buffer adjacent to the bluff crest will absorb surface
water runoff and protect the bluff face from erosion. The applicant must also comply with Chapter 236 of
the Town's Storm Water Management Code and obtain approval from the Southold Town Board of
Trustees.
5. Town Law §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 relief is the minimum action necessary and adequate action to enable the
applicant to enjoy the benefit of a in the ground swimming pool and cabana and storage shed while
preserving and protecting the character of the neighborhood and the health, safety and welfare of the
community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test
under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by
Member Goehringer and duly carried,to
GRANT the variance as applied for, and shown on the site plan prepared by Stacy Marshall Paetzel,
Registered Landscape Architect,dated October 30,2017.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The applicant shall implement the recommendations set forth by Suffolk County Soil and Water
Conservation District in their letter dated November 15,2017, as cited above.
2. No Cooking facilities shall be permitted in the Pool Cabana.
3. Pool mechanicals shall be placed in a sound deadening enclosure.
4. Drywells for pool de-watering shall be installed as shown on the site plan.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in
delays and/or a possible denial by the Building Department of a building permit, and may require a new
application and public hearing before the Zoning Board of Appeals.
Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan
and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this
application when involving nonconformities under the zoning code. This action does not authorize or
condone any current or future use, setback or other feature of the subject property that may violate the
Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this
action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration
that does not increase the degree of nonconformity.
Page 4,March 15,2018
#7128,Negri(Amended)
SCTM No. 1000-119-1-6.1
w
Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted
by the Board of Appeals shall become null and void where a Certificate of Occupancy has
not been procured, and/or a subdivision map has not been filed with the Suffolk County
Clerk,within three (3)years from the date such variance was granted. The Board of
Appeals may, upon written request prior to the date of expiration, grant an extension not
to exceed three (3) consecutive one (1)year terms.
Vote of the Board: Ayes:Members Weisman(Chairperson), Goehringer,Dantes,Acampora,and
Planamento. This Resolution was duly adopted(5-0).
" c
Leslie Kanes'Weisman, Chairperson
Approved for filing c3 /1 /2018
AMENDED FROM FEBRUARY 15,2018 DECISION
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Mattituck,NY 11952 530 Montauk Hwy,#203
PROPOSED Amagansett,NY 11930
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PROPOSED PROPOSED IMITING FENCE
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REVISIONS
DATE DESCRIPTION
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#4 STEEL REINFOFCED PROPERTY LINE
18'-0"MAX. C.to C. PRECAST TRAFFIC DEPTH <5'-a' >5-9' 6"X 6"TILE FACING 001854
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CLEAN MEDIUM CLEAN DETAIL+STEEL -TURF BUFFER
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MAXIMUM DRAINAGE AREA SEE PLAN FOR WIDTH SCHEDULE
1/2 ACRE / 100 LINEAR FEET 1tPD-I) PROPOSED POOL DRYWELL
AND DEPTH 0
04�ECAST CONCRETE DRYWELL TYPICAL GUN'TE 1001 WALL SECTION Scale 1"=20'-0"
SILT FENCE (D�gOl PROFILE
ADW-1) PROPOSED DRYWELL
Section Section
Not to TScal, Not to Scale DRAWN BY:
Not to Scale S.PAETZEL,RLA
DATE:2018.03.14
REVISED: S P-1
SHEET OF
EXISTING
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