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Home My WebLink About7475 ftpF =5 -t- an s,nov.nJ sv i mn-ti t � cL5 �nn5 -A-aV-(2vA I.,. y n_n1 CT C-M CHECK BOXES AS . ( ) Tape this form to > o Q_ 0* r ( ) Pull ZBA copy of N0 CL CL k file boxes f, y ( ) Chec 3 ( ) Assign-next numt o ` outside of file fol 4 entir dna) -u 3: ; -040 D ( ) Date stamp 3 o Q � o -Z4 -� file number = a, m o O -° -4 < ( ) Hole punch entir w CD =�cc � o p � � � (before sendingCD 1 < D co �- cn ( ) Create new inde - � 0 " m ,— r ( ) Print contact info ; 0) n .D -n ( ) Prepare tra,nsmii rn ( ) Send original apt to Town Clerk10' ( ) Note inside file f and tape to insic -n ( ) Copy County Tax cD __ _ _ __neighbors and A� 1L r ( ) Make 7 copies and pu-L ( ) Do mailing label -4 t121124 P(4k- dYSCE, OC•.'NO. 22 RECEIVED NYSCEF: 06/06/202; f---r� ola— 5 SHORT FORM ORDER / 7-5 INDEX No. 609779/2021 CAL. No. SUPREME COURT- STATE OF NEW YORK I.A.S. PART 29 -SUFFOLK COUNTY PRESENT. MOTION DATE: 10/26/2021 "r HON. LINDA KEVINS MOT. SEQ. #001 -MD; CASEDISP ' Justice of the Supreme Court i ------. - . ----. ------------- ----------- ----------------X In the Matter of the Application of ADF VENTURES, LLC, Petitioner, 3 For an Order Pursuant to Article 78 Of the Civil Practice Laws and Rules - against- E LESLIE KANES WEISMAN, Chairman, PATRICIA ACAMPORA, ERIC DANTES, j ROBERT LEHNER,NICOLAS i PLANAMENTO, constituting the Zoning Board j of Appeals of the Town of Southold,the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, and the TOWN OF SOUTHOLD, Respondents. I ---------.-- -- ---------. ----------------------------------X Upon the following papers a-filed(document#1 through 21)it is, ORDERED that petitioner's application for a judgment annulling the determination and resolution of the Town of Southold Zoning Board of Appeals is denied, and the petition is dismissed; and it is further ORDERED that if this Order has not already been entered, movant is directed to promptly serve a certified copy of this Order, pursuant to CPLR §8019(c),upon the Suffolk County Cleric who is directed to hereby enter such order; and it is further QYSCEF DOC. ,NO. 22 RECEIVED NYSCEF: 06/06/202; ORDERED that upon Entry of this Order,movant is directed to promptly serve a copy of this Order with Notice of Entry upon all parties and to promptly file the affidavits of service with the Clerk of the Court. Petitioner commenced this Article 78 proceeding to review the determination made by the Town of Southold Zoning Board of Appeals,which denied an application by petitioner for a variance to construct a 16' x 32' in-ground swimming pool at 17877 Soundview Avenue, Southold,New York at a distance of 73.2 feet from the bluff,when the Town of Southold Building Code required a minimum bluff setback of 100 feet. During the hearing before the Zoning Board, the Board requested that the petitioner provide examples of area variances for prior relief granted to properties along the Long Island Sound relative to pool placement less than the Building Code required 100 feet setback from the bluff. Petitioner provided five examples of such variances attached as exhibits B, C, D, E, F, G and H. Petitioner's counsel contends that such examples are not a requirement under Town Law §267-b but were provided to facilitate approval of the variance. Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board was illegal, arbitrary [and capricious], or an abuse of discretion (Matter of Todd Kramer V. Zoning Board of Appeals of Town of Southampton, 131 AD3d 1170, 16 NYS3d 832 [2d Dept 20151;Matter of Nicolai v. McLaughlin, 163 AD3d 572, 81 NYS3d 89 [2d Dept 2018]). In determining whether to grant an application for an area variance, a zoning board must engage in a balancing test, weighing the benefit to the applicant against the detriment to the health, safety and welfare of the neighborhood or community if the variance is granted (see Town Law §267-b [3][b];Matter of Daneri v. Zoning Bd. Of Appeals of the Town of Southold, 98 A.D.3d at 509, 949 N.Y.S.2d 180). The zoning board, in applying the balancing test, is not required to justify its determination with supporting evidence for each of the five statutory factors as long as its determination balancing the relevant considerations is rational (Matter of Todd Kramer v. Zoning Board of Appeals of Town of Southampton, 131 AD3d 1170, 16 NYS3d 832,supra). Respondents have submitted sufficient evidence to demonstrate the rationality of the zoning board's denial of the variance. Specifically, the record of the denial and the weighing of the five statutory factors is sufficient and rational (see Petitioner's Exhibit I). In addition, the zoning board evidenced the differences between the instant variance and the five examples of area variances for prior pool placements in the area. In other words, the evidence in the record supported the Town of Southold Zoning Board of Appeals' denial in that granting the requested variance would produce an undesirable change in the character of the neighborhood,that the variance was substantial (Bull Run Properties, LLC v. Town of Cornwall Zoning Bd. of Appeals, 50 A.D3d 683, 855 NYS2d 585 [2d Dept 2008][standing alone a finding that the requested area variance is substantial and supported in the record is sufficient to deny a variance]), that the petitioner had a feasible alternative to this variance and that any hardship was self-created(Matter of Nataro v. DeChance, 149 AD3d 1081, 53 NYS3d 156 [2d Dept 2017]). The court notes that petitioner's reliance upon Matter of Nicolai v. McLaughlin, 163 AD3d 572, 81 NYS3d 89 (2d Dept 2018) for the proposition that the board failed to set forth any factual basis as to its departure from numerous prior determinations is misplaced and factually i dYSCEF DOC.sNO. 22 RECEIVED NYSCEF: 06/06/202; � distinguishable. Moreover, in Matter of Hawryluk v. Zoning Board of Appeals of the Town of Huntington', 173 A.D.2d 826, 571 NYS2d 53 (2d Dept 1991)the court found no merit to petitioner's argument that the zoning board improperly failed to follow its prior determination in an unrelated matter, in which, petitioner contends, similar variances were requested and denied. Although a zoning board is bound to follow its own precedents (see, Knight v Amelkin, 150 AD2d 528),the court found that the unrelated matter is sufficiently distinguishable from the present case. In like fashion and as in the Knight case,the Town of Southold Zoning Board herein found differences and distinctions between petitioner's instant variance application and i the five examples of previous variances for in-ground swimming pool placement attached as petitioner's exhibits B, C, D, E, F, G and H. Accordingly,petitioner's application for a judgment i annulling the determination and resolution of the Southold Town Planning Board is denied, and the petition is dismissed. Anything not specifically granted herein is hereby denied. This constitutes the decision and Order of the Court. �r LINDA KEVINS,JSC Dated: 6/6/22 X FINAL DISPOSITION NON-FINAL DISPOSITION BOARD MEMBERS ®� ®U Southold Town Hall Leslie Kanes Weisman,Chairperson ®� ��®� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU Southold,NY 11971 9 http://southoldtowiiny.gov ZONING BOARD OF APPEALS d- P� G 8:2,y ►4m TOWN OF SOUTHOLD APR 2 6 20 1 Tel.(631)765-1809.Fax(631)765-9064 LIQ SOU#h®Id Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATI r MEETING OF APRIL 15, 2021 ZBA FILE: #7475 NAME OF APPLICANT: ADF Ventures LLC PROPERTY LOCATION: 17877 Soundview Avenue(Adj.to Long Island Sound), Southold,NY SCTM: 1000-51-1-4 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated February 1, 2021 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 March 10, 2021. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,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. 1. A 25' wide non-disturbance buffer was required by the Southold Board of Trustees Wetland Permit (97021). The application does not show the buffer on the submitted plan in relation to the proposed POOL 2. The top-of-bluff is shown in a different location than the plans approved by the Southold Town Board of Trustees in 2007 and 2009. On the approved plans the top of the slope (bluff was shown at the 64' contour line and the 25'non-turf(non-disturbance buffer) is located landward of that line. SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT: This application was referred for review to Suffolk County Soil and Water Conservation District for commentary who issued its recommendations dated March 31, 2021, based on a site inspection conducted March 24, 2021. During the site inspection it was observed that the topography of the front of the property is mostly sloped south, and the back of the property is gradually sloped towards the bluff(north). Along the back of the property,there is predominately sand and little to no vegetation around the proposed construction area,and towards the bluff.Areas of the property,especially around the property boundaries have a buffer of trees, shrubs, and other ornamental plants. It appears some trees near the top of the bluff have been cut down and removed. There is no access to the beach so proper assessment of the conditions of the bluff face and toe is incomplete. Page 2,April 15,2021 #7475,ADF Ventures SCTM No. 1000-51-1-4 Suffolk County S&W Conservation District recommends it is important to follow proper New York State Standards and Specifications for Erosion and Sediment Control prior, during, and after the excavation, demolition, and construction of the proposed swimming pool and patio if approved. Heavy equipment should not be too close to the top of the bluff and capturing all stormwater runoff and sedimentation is necessary to protect the bluff. Proper measures, such as temporary fences, barriers, or hay bale berms, should be placed to ensure the sand and other sedimentation does not cause erosion of the bluff and any other type of disturbance. If any irrigation pipes/heads are installed on the property,they should not be near or on the top/face of the bluff. Any intentional discharge of water over the bluff is not recommended and can speed up the erosion process for the bluff. Since the vegetation near the bluff is already moderately poor, and conditions of the face of the bluff could not be fully inspected, it is recommended that a diversity of native bluff plant species should be planted to improve the restoration and protection of the bluff, especially if there are areas of bare soil. PROPERTY FACTS/DESCRIPTION: The subject,rectangular shaped,non-conforming,29,331.8 square feet, .673 acre, waterfront parcel in the R80Zoning District measures 100 feet wide along the southern property line adjacent to a single family residence over which the subject parcel has a dominant right of way 10 feet in width,for 218 feet, to access the lot,which then runs north 215.32 feet along a second residentially developed lot to the west,then runs 108.99 feet along a tie line at the apparent high water mark at the Long Island Sound and returns 284.30 feet along a residentially developed lot to the east. The subject parcel is improved with a two-story, wood frame house with a covered front porch, landing and steps along with a narrow rear wood deck with step, stone retaining walls and a gravel driveway under construction as shown on the survey prepared by Ralph O. Heil, L.S., Metes and Bounds Surveying, and dated March 26, 2019 and last revised January 26,2021. BASIS OF APPLICATION: Request for Variances from Article XXII, Section 280-116A (1) and the Building Inspector's January 25, 2021 Notice of Disapproval based on an application for a permit to construct anin-ground swimming pool at; 1) located less than the code required 100 feet from the top of the bluff; located at: 17877 Soundview Avenue, (Adj. to Long Island Sound) Southold,NY. SCTM No. 1000-51-1-4. RELIEF REQUESTED: The applicant requests a variance to build an inground swimming pool measuring 16 feet by 32 feet with a terrace measuring 60.4 feet by 31.9 feet(including the pool)on the north side of the dwelling's rear decking, set back 73.2feet from the top of the bluff where the code requires such improvements to have a minimum bluff setback of 100 feet. ADDITIONAL INFORMATION: The subject parcel is located to the north of a neighboring home, with road frontage on Soundview Avenue,and is accessed over that property via a 10-feet wide right of way,for 218 feet along that lot's eastern lot line. The subject parcel includes a 3-feet wide right of way,to the Long Island Sound,running along the eastern lot line. The Town of Southold Building Department Notice of Disapproval was originally written on November 30, 2020 and noted the pool placement to be 65 feet from the top of the bluff. The Notice of Disapproval was amended on January 25, 2021 after the submission of a new survey correcting the distance to the top of the bluff. During the-public hearing it was discussed that the Renewed & Amended Notice of Disapproval dated January 25, 2021 indicated the proposed pool placement at 74.6 feet from the top of the bluff;this is incorrect. At its closest, the pool placement is 73.2 feet from the top of the bluff. The Board feels that this discrepancy is de minimus in nature and a corrected Notice of Disapproval is not necessary. The subject property is the beneficiary of Zoning Board of Appeals decision #5725 issued September 12, 2005 establishing the 10 feet wide right of way allowing access to the property from Soundview Avenue over the residentially developed lot to the south establishing the site's development. Town of Southold Building Permit number#44447 was issued November 21, 2019 and remains open. A house is currently under construction. Page 3,April 15,2021 #7475,ADF Ventures SCTM No. 1000-51-1-4 The applicant submitted a Letter of No Jurisdiction Tidal Wetlands Act from the New York State Department of Environmental Conservation dated July 2, 2019, based on a survey prepared by Metes and Bounds Surveying, last revised April 12,2019. During the public hearing the applicant stated that they are subject to a $6,000.00 fine, from the Southold Town Board of Trustees, for removing trees and undergrowth from the 25 feet wide non-disturbance buffer running landward of the bluff. The applicant further stated that they were unaware of the non-disturbance buffer prior to the Trustee's fine and the purchasing of the waterfront lot. The Board of the Southold Town Trustees issued permit #7021, used to receive Town of Southold Building Permit#4447, on January 21, 2009 which states: "...demolish and remove existing house foundation and undertake construction activities such as ground disturbance and clearing activities associated with construction of a new dwelling located no closer than 100' from the crest of bluff,with the condition of a line of stake hay bales with silt fencing is installed along the landward side of the 25' buffer prior to construction, a 25' Non-Disturbance Buffer is to be maintained along the crest of the bluff...". The permit includes a copy of the survey by John C. Ehlers, L.S. and dated January 31, 2009. The Covenant and Restriction of the 25 feet wide non-disturbance buffer is recorded and on file with the Suffolk County Clerk. The survey submitted by the applicant does not reflect this relevant information. During the public hearing the applicant was asked to provide the Board with examples of area variances for prior relief granted to properties along the Long Island Sound relative to pool placement less than the code required 100 feet from the top of a bluff, specific to new construction. On April 12, 2021 the applicant submitted a cover letter dated April 9,2021 and five prior decisions to support their application. The prior decisions include files: #4976,#6221, #6237, #7241, #7295. File#7241 and file#7295 cannot be considered comparable to the applicants as relief granted is for a swimming pool located in a side yard location. In file#7295 granted relief included a setback of 33 feet from the top of a low bluff, unlike the applicant's high bluff. Likewise, File #6221 cannot be considered comparable as relief granted is for a swimming pool in a front yard location. Additionally, these three decisions granted relief to previously developed residential lots where applicants faced unusual hardship, unlike the applicant who purchased a vacant building lot and had full design control to conform to the town code. File#4976 dated August 24, 2001, grants relief for a waterside swimming pool at 50 feet from the top of the bluff where the code requires a minimum setback of 100 feet. In this instance, relief was granted for several reasons including the applicant's reliance on a demolition permit to remove a previously existing residence and accessory waterside swimming pool. The applicant did not recognize that by demolishing the existing structures, as part of their renovation plan, they would not be entitled to rebuild in the previously developed locations. In addition to substantial conditions on the approval,the applicant was required to build the swimming pool further from the bluff then the prior pools original placement. File#6237 dated May 27,2009,grants relief for a waterside swimming pool at 75 feet from the top of the bluff where the code requires a minimum setback of 100 feet. While this application would appear similar to the application before the Board, in that the lot was undeveloped, in this instance, the Board must question the previous Board's approval which states in Town Law §267-b(3)(b)(4)that "Evidence has been submitted to suggest that,because of the fragility of the bluff,a variance in this community may have an adverse impact on the physical or environmental conditions in the neighborhood" and the LWRP Coordinator's determination of INCONSISTENCY, which adverse environmental impacts, including bluff sloughing and instability,were not fully mitigated in the decision to approve the variance relief. Additionally, the property in file #6237 is located in the R40 Zoning District, unlike the subject parcel which located in the R80 Zoning District. Finally, in file#6237 the applicant requested relief from the code prior to improving the vacant lot. In this subject application,the applicant made a decision about the location of his new home without considering where a future pool could be built in a conforming location, causing his own self- created difficulty. Page 4,April 15,2021 #7475,ADF Ventures SCTM No. 1000-51-1-4 The applicant stated the Town of Southold Board of Trustees was currently reviewing their application and did not yet make a determination relative to the pool placement,less than the code required 100 feet from the top of the bluff. According to the Secretary to the Board of Trustees, the applicant has withdrawn the portion of their application relating to the in-ground swimming pool. Currently, the application consists of walkways, platforms, and remediation efforts involving disturbance to the 25 ft.non disturbance buffer and the bluff area by the applicant. The public hearing was adjourned to the April 15, 2021 Special Meeting of the Zoning Board of Appeals at which time the hearing was closed. No member of the public or an immediate neighbor spoke in favor of or against this application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 1,2021 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 produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Soundview Avenue is a meandering road in a woodland setting, following the Long Island Sound coastline for approximately five miles, from the hamlet of Peconic in the west to Town Beach in the east of the hamlet of Southold. Many of the properties were developed well before zoning and are therefore not compliant with the current zoning code. Along the eastern end of Soundview Avenue, the terrain raises up from a dune landscape to bluffs 50-80 feet in height,where homes are protected from the sea by substantial bulkheading and rock revetments that often are compromised due to forces of nature. The immediate residential neighborhood along the waterfront side of Soundview consists of larger lots that are more conforming to the R80 Zone than the subject lot,which was developed behind a dwelling fronting on Soundview by establishing a 218-foot- long access right of way from the road.Because the neighboring water front lots along Soundview Avenue also have primary road frontage,and are not accessed from the road via a right of way across another property,the homes built on those lots are typically located further back from the crest of the Sound bluff,which allows placement of accessory structures in compliant locations. While there are inground swimming pools in the immediate area that are accessory to waterside residences, including both immediate neighbors,they are not commonly located on the waterside of the property but rather in either a compliant front yard location or with relief from the Zoning Board of Appeals, in a side yard location. Additionally,the subject parcel is encumbered with a 25 feet wide non-disturbance buffer along the landward side of the bluff, thereby reducing the size of the rear (waterside)yard to further protect a vulnerable bluff. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant is currently constructing a single-family home with an open building permit and can amend that permit to allow the placement of a swimming pool in a compliant location by reducing the size of the home under construction. Alternatively, the applicant could have designed a home which allowed for the placement of an inground swimming pool,in a compliant location,prior to commencing construction of the residence. 3. Town Law 4267-b(3)(b)(3). The variance relief requested herein is mathematically substantial, representing 25.4%relief from the code. 4. Town Law 4267-b(3)(b)(4). 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.Trees and undergrowth Page 5,April 15,2021 #7475,ADF Ventures SCTM No. 1000-51-1-4 have been cut down in the non-disturbance buffer along the top of the bluff that was previously imposed by the Southold Town Trustees,in violations of the filed Covenants and Restrictions,thereby compromising bluff stability. 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. Furthermore, the applicant under Building Permit number #44447 (...construct a new single-family dwelling as applied for per ZBA, SCHD, and DEC NJ letter, ...) clearly understood the limitations of the building permit issued and the responsibilities of property owners in the R80Zoning District. 6.Town Law 4267-b. Grant of the requested relief is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an inground swimming pool measuring 16 feet by 32 feet, 73.2 feet from the top of the bluff where the code requires such improvements to have a minimum bluff setback of 100 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 Member Planamento,seconded by Member Weisman(Chairperson), and duly carried,to DENY the variance as applied for. Vote of the Board: Ayes: Members Weisman(Chairperson),Acampora, Dantes,Lehnert, and Planamento(5-0). Leslie Kanes Weisman, Chairperson Approved for filing /o /2021 TEST HOLE DATA - NOTES: FTEST IiOLE DUG BY j c 01f�D GEOSCIENCE ON AUGUST 26, zoos 1 . ELEVATIONS' ARE REFERENCED TO N.A.V.D. 1988 DATUM 00 __ W � EXISTING ELEVATIONS ARE 'SHOWN THUS: X 0— 58.13' O �D DARK BROWN SILTY LOAM (OL) Ij _10' 1 2 � SURVEY OF PALE BROWN SANDY SILT (ML) f,, ^ St` q_p { '�1 B�f'S9•,-�e-�';�'7'y�'0f 4f�ll r9_' ' PROPERTY BROWN SILTY SAND (ML) rra�l9�S� "�"� F -- -- SIT UA�'E 360' �s SOUTHOLD BROWN FINE TO TOWN O F SOUTHOLD COARSE SAND (SW) 1 oa gg' SUFFOLK COUNTY, NEW YORK 48' a to N 0 hLLENT�PP'A �1N E W P�p3JZ01,019 /y � S.C. 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(-�� e 4®, m 05NO1E E - — CLEANOUT DETAIL rrR AREAS NOT SUBJECT TO VEHICULAR TRAFFIC f 1 -'-"•'+n '• fi !`l 49 4� FfNC IN ALL"If WS jLTD;jjAT["e"li ro5 BEfIDS,ALTERNATE"B-IS FOR USE WITH DID; EATENSIOU/CONNECT10Fl / META 46 — .. - TP FvN gpS+N f^ IC3 PrllLi�E�i�JlSp, C��r_ __ F:J��G;'+ R= ME ` vEL 1TC84714 FIGURE v y fy l3~1 r oR;vE�"' �i1 Bcea645 CLEANOUT DETAIL �s:� ' r_.V;:•� cr %�r.t�6,F:�� . i?(�r,t f,),r1,i - F AN RL r1 A -- ��1�.1...J 4690 \1 �\ "-,._,�._...._...N-"......_.... ,,........,,..,......,,..,,,.. of PP�AENT OQ oo' Y 1TX47.OQ _ �• -y�-� }�,;'�-y a'g� 1:t 4695 °gyars�T "UNY) L 9 EF y.T.l .LA'Y�JSA \'\ (jwELL 3'11�� I rL1''�0 ia's� m+ �I Y �q-10�v4I, �N �'INA1, i'�9�rAN7r1,y •` NOTE: LOCATIONS AND EXISTENCE OF ANY IH c 0 ate/ GPS MP �J _ SUBSURFACE UTILITIES AND/OR STRUCTURES , 4� J' NOT READILY VISIBLE,ARE NOT CERTIFIED. 0� iFPS SURI'EY IS SUBJECT TO ANY FJ1NT rAT OF RECfyla ANO ANY _ER PERTINENT FACIE METES AND BOUNDS SURVEYING RMCN ARRE SEMCNIL01" a6cLG� 53 PROBST DRIVE "uNAUIHartumunoN oR A U. m A suRIEY NAIRS EARrt+c A uL,:Tlsm U.svaTt�vR's SHIRLEY, NY 11967 SEAL IS A O1tXA110 of A"11-1N,SEcnaN 7IDa,SUSIYNSI_$OF THE NEW YORK STATE PHONE (516) 972-5812 mucanX+Lnyr 'Capias from the orlglnai of thla au la%map 5 surveydude(s�optonline net not marked with an original of tha land au eyora Inkod seal hN a bossed seal TEST WELL LOTS 04 BLOCK O1 SECTION' 51 DISTRICT 1000 ;hail not be considered a volld Uve copy Certlacotion Indicated hereon signify that thin v rvay woo pr.parnd ie a ardenoe with J 1 MAP OF- CONIC. MON. FOUND dopted by t New YaH state Aeeaamuan ar Profoeelonol Land Surveyors Sold ff - certl0callane shall run only to the parson UTILITY POLE SITUATED AT. SOUTHOLD ror whom tha survey la proporad,and on his TOWN OF SOUTHOLD, SUFFOLK CO, NY. hahalf to the Nue companyy,govemmentol agency and lending Inatilullon ®p WELL CerilRcagn.are net tronalerable to additional InalRullone or subsequent awnare'' PROPOSED GRADE r CERTIFIED J08 NO.: 19-169 TO DATE. MARCH 25, 2019 •I , TES: 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: 00 0.00 IS�A� RECEIVE) ) G Lo 010'S� ,L JAN 17 Z SURVEY OF s '05. 0% PROPERTY t1 grt•�3'11vNE 9.010�pRfl\A,� a 9�OC� !� P,pg��d�8 ,SI T UA TE ,\E Wroo H\ 1.52 120.3 � _ W SOUTHOLD .000 4°° TOWN OF SOUTHOLD 4.32 Z SUFFOLK COUNTY, NEW YORK W S.C. TAX No. 1000-51 -01 -04 0 t SCALE 1 "=50' LA �= MARCH 26, 2019 MARCH 6, 2020 FOUNDATION LOCATION �38W 54.66 5454-00 ' DECEMBER 23, 2020 FINAL SURVEY 5249 55.0860__46 DECEMBER 29, 2020 ADD PROPOSED POOL 57_23 - == ----- -OF JANUARY 14, 2021 ADD POOL FENCE Au °.�1,�,� �, ===- _ suffoi 1k County SWCD CO jj,, Corey Humphrey,COESC 423 Grilling Avenue District Manager Suite 110 ` (631)852-3286 Riverhead,NY 11901 www.Suffo1kSWCD-org NZO Rob Carpenter k t, Chairman 7 CON 3/31/2021 Leslie K. Weisman Chairperson Board of Appeals RECEIVED Town of Southold P.O. Box 1179 APR 12021 Southold,New York 11971-0959 Zoning Board of Appeals Re: ZBA#7475 ADF Ventures LLC SCTM# 1000-51-1-4 Dear Chairman Weisman, Thank you for reaching out to Suffolk County Soil and Water Conservation District for assistance. Evaluation of this property has been conducted. This single-family dwelling is located adjacent to the bluff, facing the Long Island Sound, in a residential area. The proposal for this site is to make additions and alterations to the single-family dwelling. This document contains information on what has been observed in relation to potential bluff erosion issues. A site visit was conducted on 3/24/21, in response to your request to review and evaluate a proposal for the parcel located at 17877 Soundview Avenue, Southold,NY. The proposal has been previously disapproved for the following reasons: The proposed construction is not permitted pursuant to Article XXII Section 280-116A (1), which states: "All buildings or structures located on lots upon which there exists a bluff landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff. The proposed swimming pool is noted as being 74.6 feet from the top of the bluff. Office Hours:Monday through Thursday 7:30 a.m.to 4:00 p.m. Friday 7:30 a.m.through 3:00 p.m. t t f Observations and Current Conditions: Upon arrival, it was noted that the topography of the front of the property is mostly slop d south, and the back of the property is gradually sloped towards the bluff(north). The vegetati n on the front property is well-maintained. Along the back of the property,there is predominate y sand and little to no vegetation around the proposed construction area, and towards the bluff. Areas of the property, especially around the property boundaries, have a buffer of trees, shrubs, a d other ornamental plants. The bluff itself has vegetation, including grasses, shrubs, and trees. It appears some trees near the top of the bluff have been cut down and removed. There is o access to the beach so proper assessment of the conditions of the bluff face and toe is incompl e. Currently,there does not appear to be any major signs of runoff issues leading towards the bluff. Downspouts gutters from the dwelling appear to go underground into drywells, and the does not appear to be any irrigation sprinkler heads present on the back portion of the properly. I have attached photos below to illustrate the above observational comments. 1, t �V �• H MX Top ofbluff;facing north s t 1 C 2 t ' z TIop of bluff;facing northeast to »�7,, T capture slope y e� 3q� '"� a�.., :; ��,'.>, �m�a` �w^per�• Y 'a"`�"��' Top of bluff;facing south towards house •,� a� � 03'x_ � �°` •_a as,� _ x• 3 LL East side of 8"V1, yard facing south a r ' ^_-� '�„ ;�-,ny. "WRQ�u:>�`� .•� � > Im west side of yard facing south 4 175 «aE+ i ria �'= �. ` . east side of yard facing west(to shown gutter downspout) M `*. � Y� \ rola o� e\ :+w��i.�a ��s`^Y'•^''<b, �3 .�t,,°fit 1. a � Comments: It is important to follow proper New York State Standards and Specifications for Erosion and Sediment Control prior, during, and after the excavation, demolition, and construction of the proposed swimming pool and patio. Heavy equipment should not be too close to the top of the bluff and capturing all stormwater runoff and sedimentation is necessary to protect the bluff. Proper measures, such as temporary fences, barriers, or hay bale berms, should be placed to ensure the sand and other sedimentation does not cause erosion of the bluff and any other type of disturbance. If any irrigation pipes/heads are installed on the property,they should not be near or on the top/face of the bluff. Any intentional discharge of water over the bluff is not recommended and can speed up the erosion process for the bluff. At the moment,the proposed pool and patio does not appear to be a concern for the current condition of the bluff. Since the vegetation near the bluff is already moderately poor, and conditions of the face of the bluff could not be fully inspected, it is recommended that a diversity of native bluff plant species should be planted to improve the restoration and protection of the bluff; especially if there are areas of bare soil. The removal and trimming of any debris such as dead trees/shrubs is 5 encouraged to further protect the bluff and encourage more plant biodiversity and an increase in the bluff's establishment. Attached below are a few of the issues that had not been shown prior. �S West side of yard,facing east to show "n bare ground �"�'a" €'_'-' :� ^ .Nta�`" y F „-� hag.\k+"Yr.�•�' iY� _ Pz»�'m� Y _ _K ^. ��,4.�`Oi � �: x ti �'Yt •� qA ,f ,Ty 'x a Z4, A a' fi east side of yard facing west to show '✓ ' ground round 6 Thank you for contacting Suffolk County Soil and Water Conservation District to review this proposal from the Town of Southold's Zoning Board of Appeals. If you have any questions regarding our site visit and/or the information that has been provided,please contact our office. My direct office line is (631)-852-3289; or you can email me at: Kaitlin.Shahiniangsuffolkcountyny. og_v Best Regards, f- %ULaw, Kaitlin R. Shahinian Soil District Technician Suffolk County Soil and Water Conservation District 7 PrO Fk., - l�srl ®f SOU OFFICE LOCATION: j AA " ` MAILING ADDRESS: Town Hall Annex e`® l® P.O. Box 1179 54375 State Route 25I P� Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Z� Southold, NY 11971 ® • Q Telephone: 631765-1938 �yc4UNT`I,N�� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVED MEMORANDUM S LIAR 11 2M To: Leslie Weisman, Chair Members of the Zoning Board of Appeals Zoning Board Of Appeals From: Mark Terry,fAjQP I I > ; Assistant Town Planning Director ;i .,-,,LWRP Coordinator, , Date March 10,2021 Re: LWRP Coastal Consistency Review for ZBA File Ref ADF VENTURES,LLC#7475 SCTM# 1000-51-1-4. ADF VENTURES,LLC 47475 -Request for Variances from,ArticleXXII, Section 280-116A(1)and the Building Inspector's January 25, 2021 Notice of Disapproval based on an application for a permit to construct an in-ground swimming pool at; 1) located less than the code required 100 feet from the top of the bluff; located at: 17877 Soundview Avenue,(Adj.to Long Island Sound) Southold,NY. SCTM No. 1000-51-1-4. 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 ConsistencyAssessment Form submitted to this department,as well as the records available to me,the proposal is recommended as INCONSISTENT with Policy 6 of the LWRP. 1. A 25' wide non-disturbance buffer was required by the Southold Board of Trustees Wetland Permit(7021). The application does not show the buffer on the submitted plan in relation to the proposed po61'(Figure 1).' 2. The top-of-bluff is shown in a different location than the plans approved by the Southold Town Board of Trustees in 2007 and 2009. On the approved plans the top of slope(bluff)was shown at the 64' contour line and the 25' non-turf(non-disturbance buffer) is located landward of that line. ~` \ ( � / '— ��/~� /7 � � (00 48' tg2j2LI01 of.62V 311 Detail FLOW 05 vd"W1 10 4V Al '1103 1 e- and Retaining Nall Design B� f 03 06 INS 68 CAST FROK FRAMES AW COVERS TO ORAVe 1000 6ALLON SIDE 00(2) sepiv-TAW. AREA Figure 1. Subject property showing top of slope(bluff)at the 64' contour line and 25' wide non-disturbance buffer. Pursuant to Chapter 268,the Southold Town Zoning Board shall consider this recommendation in preparing its written determination regarding the consistency --the proposed-_--- COUNTY OF SUFFOLK RECEIVED 1 e Vie,( FEB 0 2 2021 5� `tX � " ��`g Zoning Board Of Appeals OFFICE OF THE CQUNTY EXECUTIVE Steven Bellone 4 SUFFOLK COUNTY EXECUTIVE � Natalie Wright Department of Commissioner Economic Development and Planning February 1, 2021 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�hru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to Abe no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municinal.File Number ADF Ventures LLC 747 McKay, Mary Yr478 Very truly yours, Sarah Lansdale Director of Planning rice A? ��et;V By Christine DeSalvo Theodore R. Klein,Principal Planner TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th PI P.O.BOX 6100 0 HAUPPAUGE,NY 11788-0099 m (631)863-6191 i FOIR M N0.1 TOWN O>~ SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE:November 30,2020 RENEWED&AMENDED: January 25,2021 ------- TO: ADF Ventures -- -- ------ -- --- ---------- - -- 17877 Soundview Avenue Southold,NY 11971 MED FAN "'-' Y� Please take notice that your application dated November 17,2020 For a permit to construct an in-ground swimming pool atLocation of property 17877 Soundview Avenue, Southold � � ' County Tax Map No. 1000—Section 51 Block 1 Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to��Jcle XXII Section 280-116.A. (1),which states: "All biiildings or structures located on lots upon which there exists a bluff landward of.the-shore or ,beach-shall be set back not fewer than 1,00 feel from the top of such bluff. The proposed swimming pool is noted as being 74.6 feet from the ton of bluff. This Notice of Disapproval was amended on January 25,2021 following the submission of new survey correctinz thee° distan u yf*- Authori9dSign e Note to Applicant: Any change or deviation to the above re erenced application may require further review by the Southold Town Building Department. CC:file,Z.B.A. l 1 y J TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOO LD,N.Y. NOTICE OF DISAPPROVAL DATE:November 30,2020 TO: ADF Ventures RECEYVM 17877 Soundview Avenue Ee Southold,NY 11971 JAN �'�229 Please take notice that your application dated November 17.2020 For a permit to construct an in-ground swimming pool at wning Bowd W Appegs Location of property 17877 Soundview Avenue, Southold County Tax Map No. 1000—Section 51 Block 1 Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXII Section 280-116 A. (1),which states: "All buildings or structures located on lots upon which there exists a bluff landward of the shore or beach shall beset back not fewer than 100 feet from the top of such bluff. The proposed swimming pool is noted as being 65 feet tl'om the top of bluff. I Authorized Signature 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. r y Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APP ALS AREA V RIANCE House No f2G21Stre 8 (// Haml D! SCTM 1000 Section •S/ Block D/ Lot(s) Lot Size Zo I(WE)APPEALTIHE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 111.f9)1.& BASED /ON SURVEY/SITE PLAN DATED, �-Owner(s): ry Mailing Address: ,: /l Te pTione: 5 - -7 Fa 77 Email: A -NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: for( )Owner( )Other: Address: Telephone: Fax: Email: Pleas eck to specify who you wish correspondence to be mailed to,from the above names: Applicant/Owner(s), ( )Authorized Representative, ( )Other Name/Address below: WHEREBY T I ILDING INSPECTOR REVIEWED SURVEY/SITE P AN DATED o20 'and DENIED AN APPLICATION DATED /J &V .2p FOR: ( )Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy O Change of Use O rmit for As-Bu•lt Construction (r7 Other: WDJ d 00 zd Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by ,numbers.Do o u to the code.) Article: Section: " Subsection• G Type of Upeail. An Appeal is made for: ( )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 Other A prior appeal( as, ( has not been made at any time with respect to this property,UNDER Appeal No(s) Year(s). (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# °' REASONS FOR APPEAL (Please be spec iJic, additional sheets may be used with preparer's Signature notarized) 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby 'properties if granted,because: ::5 RECEVED 2.The benetit soug�tby the applicant CANNOT be achieved by some method feasible for the applicant to SA e other than an area variance,because: I JH� 7 2021 yZonIng Board OF Appeals 3.The amount of relief requested is not substantial because: 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because- � _ (,4& `�� V She. �!u��' f Oo�s�i�-1 ��s<� Y 44 4X-/- IV6i jhbALS 5.Has the alleged difficulty been self-created? { }Yes,or No Why: Are there any Covenants or Restrictions concerning this land'? {yy`N`o { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community FRANCINE COUPE NOTARY PUBLIC,State of Nen Yor No.01 C06189134,SuftOlk Courcy Term Expires June 23,20,ky Si ature of plic nt or thorized Agent (Agent must submit wntten Aml onzation from Owner) 'Swto before me this day o of n _r 20A I Notary Public Awl"�✓ APPLICANT'S PROJECT DESCRIPTION JAN 2021 APPLICANT: V ZAJ �_DATE PREPARED: ' 1.For Demolition of Existing Building Areas l Y.W App!�Ijs :Please describe areas being removed: II.New Construction Areas(New Dwelling or New Additionss//Ex nsions): Dimensions of first floor extension: KJ 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: 'Number of Floors and Changes WITH Alterations: V. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: ,Square footage of your lot: Percentage of coverage of your lot by building area: V.Purpose of New Construction: C� _ 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): Please submit 8 sets of 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 QUESTIONNAIRE ---- 4 FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject p mises listed on the real estate market for sale? JAN 2 7 2021 Yes ✓No 6 B. e there any proposals to change or alter land contours? a0� Appeals V No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? NO 2.)Are those areas shown on the survey submitted with this application? 3.)Is the preop erty bulk headed between the wetlands area and the upland build' g 'area? /L/,O 4.) If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confine status of your inquiry or application with the Trustees: and if issued,please attach copies of pen-nit with conditions and approved survey. D. Is there a depression or sloping elevation t ethe area of proposed construction at or below five feet above mean sea level? E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?Please show area of the structures on a diagram if any exist or state none on the above line. F. Do y u have any construction taking place at this time concerning your premises? If yes,please submit a copy of your building permit a d survey as approved by the Buil m Depa ent an please describe: (,V / 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?/—/O—if yes,please label the proximity of your lands on your survey. I. Please list present use or operations conductedat his parcel L �uJ � 1a and the proposed use i-O (ex: existing single family, roposed: same with garag ,pool or ie thori ignfit4 and Date 41RLIeFaVED� AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS JAN 2021 TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for an, jpr&ia-lW8ZFd Of Appeals permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: A,,-Vz,,,(,1-&,eLs )Ze, 2. Address of Applicant: e 3. Name of Land Owner(if other tha Applicant): 4. Address of Land Owner: 5. Description of Proposed P ojec . 6. Location�o ro �-ty: (ro and Tax m�� number)- 7. Is the parcel within 500 feet of a faun oper { } Yes { o 8. Is this parcel actively farmed? { } Yes {;z 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or fi•om the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please u e bac is page if there are additional property owners) g ature licant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The'Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emulovees.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. Q YOUR NAME e -CJ •(Last name,first name,middle initial,unless you are Applying in the name of someone else or oth r entity;suc company,if so,indicate the other person's or company's name.) RECEV{:D TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit JAN 2 2021 Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Zbnl g Boavd CW Appeals Other(activity) Planning Do y6u personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer oP 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 oOlcer 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 Titl(: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) 1 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 I.' DESCRIPTION OF RELATIONSHIP ,a i Submitted this 7 day ot: (_1fW&r ,20�l i FRANCINE COUPE Sigi ature ✓G�xC�9i� -�� ' - NOTARY PUBLIC,State of New Yorl, No.O1CO6189134,Suffolk COLUIt /1 r Term Expires June 23,20 Print Name 1'1-0,n Ct n-e LC)I4_0P_ .i i r, APPEALS BOARD MEMBERS N S0 Southold Town Hall Ruth D. Oliva,Chairwoman �r tiv� yelp 53095 Main Road•P.O. Box l l 79 Gerard P Goehringer [ � Southold,NY 11971-0959 Vincent Orlando G Qp Office Location: James Dinizio.Jr. Town Annex/First Eloor,North Fork Bank Michael A. Simon °��co ( JAN 2&f Road�(at Youngs Avenue) uthold.NY 11971 http://southoldtown.northfo,-.net RECEIVED ¢ d BOARD OF APPEAi -ning Board OFAp a%.2.`/S AA7 TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 18, 2005 ZI3 Ref. 5725—VIVIAN LINDERMAYER and ASPASIA ISRAFIL Property Locations: 17877 Soundview Avenue, Southold; CTM 51-14 Right-of-Way Location: Property of Dr. and Mrs. Z. Micah Kaplan, 17815 Soundview A: enue, Southold; CTM 51-1-5 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this; application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 36,395 sq. ft. parcel is situated to the north of property identified as CTM 51-1-5, and the March 15, 2005 survey prepared by John C. Ehlers shows a proposed dwelling to be 40 feet from the southerly (front) property line. The property does not front along a town street and has less than 15 feet in width as required by Zoning Code Section 100-235, and New York Town Law, Section 280-A. BASIS OF APPLICATION: Building Department's May 12, 2005 Notice of Disapproval, citing Sgction 100-235 for a variance concerning vehicular access width, which does not meet the code required 15 ft. minimum over CTM Parcel 1000-51-1-5. Also requested is a variance, based on the Building Department's March 28, 2005 Notice of Disapproval, under New York Town Law, Section 2130A, to establish the required base road improvements (specifications)within the easement area of, this private right-of-way, for travel by emergency and other vehicles, since the applicants' lot does, not directly front along a town street. Zoning Code Section 100-235 states as follows: f A. Street Access. i (1) No building shall be erected on a lot that does not have direct access to a public street in accordance with§280-a of the Town Law. ` (2) All buildings and structures shall be so located as to provide safe and convenient access for servicing,fire and police protection and off-street parking and/or loading. B. Residential rear or flag lots and accessways. Any rear lot or flag lot occupied or to be occupied by a one-family dwelling shall have access thereto by means of an accessway,having a width of not less than fifteen(15)feet,serving only such lot.The area of the accessway shall not be included in determining the area' of any lot.The front yard of any lot having access to a street by means of an accessway shall be the required ,3 ',t ,t Page 2—August 18,2005 C ZB Ref.5725—V.Undermayer aria-'A.Israfil � r� CTM ID: 51-4-4 RECEIVED • y, JAN 2 7 2Jrear-11ot i'1 t Zoning BoaF C front yard specified for the district in which the lot is located and shall be mea�Ut�tt-from-the line to the front lot. C. All lots improved with a building or structure must ensure that access is at least fifteen(15)feet in width and at least fifteen(15)feet in height,subject to approval by the Building Inspector for residential structures.[Added 3-26-1991 by L.L. No. 8-1991; amended 6-11-1996 by L.L. No. 10-1996]. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 7, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: VARIANCE RELIEF REQUESTED: This 36,395 sq. ft. lot is accessible along the eastern boundary over land, now owned by Gayle Crane and Z. Micah Kaplan, M.D., by a reputed 10-11. wide, 218 U. right-of-way. Relief is requested under New York Town Law, Section 280A to establish, by variance approval, the required road specifications for emergency and other vehicles. Also requested is relief fr6m Section 100-235 of the Zoning Code for a variance for the No building permit may be issued for construction on this northerly sound-front parcel unless relief is granted to provide access standards for improvement by emergency and other vehicles as required by New York Town Law, Section 280-A. A certificate of occupancy may not be issued unless the right-of-way has been constructed and meets the conditions of this approval. RtASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and pOrsonal inspections, the Board makes the following findings: 1. Grant of a variance will not produce an undesirable change in the character of the neighborhood or;a detriment to nearby properties. The access to this property is reputed by the applicant's title records to be 10 ft. wide for 218 feet in length extending from the north side of Sound View Avenue: The applicants wish to build a new single-family dwelling on their 36,395 sq. ft. lot which faces the Lang Island Sound, and New York Town Law requires sufficient access before issuance of a building permit. The applicants proposed a crushed stone surface, and open access, without obstruction at all times, for easy and safe access by emergency and other vehicles. The owners of tl�e land adjacent to this right-of-way area wish to maintain an unimpeded grassed area, or similar, la;odscape, two feet wide corridor on the west side of the easement area, allowing access for emergency and fire-fighting apparatus only. 2!3, The benefit sought by the applicants cannot be achieved by some method, feasible for the applicant to pursue, other than by variance. While the applicants do not own the land over which the access, they have an easement over the eastern section and propose a crushed-stone surface over the entire 10 ft. width, except that the current opening onto Soundview Avenue will remain at 12 feet W{j ie and will not be gated, providing continuous maintenance 24 hours a day/seven days a week: for access to the proposed dwelling. This right-of-way has not yet been constructed, and is prAposed by the applicants for the purpose of obtaining a building permit. I r• i� tk 3z ' PJge 3—August 18,2005 lld � A Ref.5725—V.Lindermayer and A.Israfil i C,i M ID: 51-4-4 RECEIVED Ky 1' JAN 2 7 2029 zDni ng I W Appeals 3:& The difficulty has been self-created and is related to the fact that the property does not have approval under New York Town Law to the site for vehicles. 4. No evidence has been submitted to suggest that a variance in this residential community will hive an adverse impact on the physical or environmental conditions in the neighborhood. The improvements for the right-of-way and access will consist of crushed stone, without macadam or shnilar solid material because there are phone and electric cables buried beneath the right-of-way fcir another dwelling. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a building permit for a new dwelling, while preserving and protecting the character of the adjacent residences, and the health, safety and welfare of the cammunity. RLSOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-8, motion was offered by Member Goehringer, seconded by 46mber Orlando, and duly carried, to GRANT the variance as applied, concerning the proposed construction of a right-of-way in a location as shown on the March 15, 2005 survey prepared by John C. Ehlers, SUBJECT td the following conditions: t In order for this variance to be effective: 1. Excavate ten (10) feet in width commencing at a point from Soundview Avenue (at a minimum of 218 feet in length), removing all grass and soil to a 4"to 6"depth. y ;t 2. Replace with 4" to 6" sandy loam with adequate stone content, and surface with a minimum of 4"of compacted stone blend with grit. 3. This right-of-way must be continuously maintained by the fee owner of the soundfront parcel identified as CTM 51-1-4. } 3. A turnaround and driveway area of 30+- feet in diameter shall be provided within the applicants' property(CTM 51-1-4)the driveway and parking area,for emergency and fire vehicles. s, 4. The right-of-way entrance shall not be gated or obstructed. 5. The variance approval also notes acceptance of the additional two feet to the west of the right-of-way (from Kaplan) without stone or other improvements, remaining as grass or similar,' landscape, without trees or other obstruction, increasing visual and overhead uses for emergency vehicle purposes for a total 12 ft.width extending westerly from the easterly boundary of the right-oft w,0y. i� t$ V 0 �4 (� l ;i 1 Page 4—August 18,2005 Zq Ref.5725—V.Lindermayer anu A.Israfil CTM ID: 51-4-4 RI*Cr--1VEU JAN 2021 %wing Bowl CQAvt_ a 6. The Zoning Board of Appeals reserves the right to inspect the completed improvements, prior to issuance of a Certificate of Occupancy at the soundfront parcel identified as CTM 51-1-4. This action does not authorize or condone any current or future use, setback or other feature of the sObject property that may violate the Zoning Code, other than such uses, setbacks and other, features as are expressly addressed in this action. �i "a Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Dinizio, and Simon. This Resolution was duly adopted (5-0 ri Ruth D. Oliva, Chairwoman 9/4/05 Approved for Filing r :i r , i S' t' J Y I ,;�rfirles of Orgartizatiart: JAN 2 2021 Zoning Board Of Appeals ADF VENTURES, LLC Under Section 203 of the Limited Liability Company Law FIRST: The name of the limited liability company is: ADF VENTURES, LLC SECOND: The county within this state in which the office of the limited liability company is to be located is: Suffolk THIRD: (Optional)The latest date on which the limited liability company is to dissolve is: FOUI2rH: The Secretary of State is designated as agent of the limited liability company upon whom process against it may be served.The post office address within or without this state to which the Secretary of State shall mail a copy of any process against the limited liability company served upon him or her is: ADF VENTURES, LLC ' 138 Oregon Avenue Medford, NY 11763 FIFTH: (Optional)The name and street address within this state of the registered agent of the limited liability company upon whom and at which process against the limited liability company can be served is: SI}CITI: The effective date of the Articles of Organization, if not effective upon filing, is: SEVENTH: The limited liability company is to be managed by(check appropriate box) IZ One or more members ❑ A class or classes of members ❑ One or more managers ❑ A class or classes of managers IN WITNESS WHEREOF, this certificate has been subscribed on November 7th, 2003 by the undersigned who affirms that the statements made herein are true under the penalties of perjury. /S/ a erick oia ria ederick Fragola onna Fragola Organizer Organizer �`- �1�� '" �y;• Via- 17915V jo- n'A t t . s ° s it g 4t 1\ �• a� �` " V ,�y ;��+` .y°r • * ..,M��M 5•z *R�a rt�4 H ^, t r "S^ `x5 % •tL.i�r ?. , k `r:' `4,` # 44 + 4[d. ,!`f •'u.., ,,. # N^ ,. ( ri , i tI r .ia dl a j� Ji'Te#I r � X 'fir.• ., �' r.. � .�..-t. •.. .' ,: { e' y u j , • i iwm " Yw ! s.1 :+ ' �M - ' F lenlgrx l t MUW Tidawwgmw New Yak l Yrp dreati Google Maps https://www.google.com/maps/@41.0866524,-72.4298455,177m/dat... Google Maps r_ Google T4 't l rr ti Imagery©2021 Maxar Technologies,New York GIS,Map data©2021 50 ft 1 of 1 1/6/2021, 12:00 PM Google Maps https://www.google.com/maps/@41.0853889,-72.4342041,177m/dat... Google Maps , RECFTVFD /1►� i t � Imagery©2021 Maxar Technologies,New York GIS,Map data©2021 50 ft 1 of 1 1/6/2021, 11:58 AM 617.20 V Appendix B 1 Short Lnvironrnental Assessme1ttJ F0rit " Inst ructions for Completing JAN 2 2021 Part 1-Project Information. The applicant or project sponsor is responsibli for the completion of Part 1. Responses become part of the application for approval or finding,are subject to public review,and may be subje }to furt er verification. Complete Part 1 based on information currently available. If additional research or=investga lo` vou d e de to fully respond to any item,please answer as thoroughly as possible based on current mformation. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to thr.lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: T. z Project Lo tion(describe,a attach a location map): - D J Brief Description of Proposed Action. I f f"/ 4) z Name of Applicant or Sponsor: Telephone: 9��c"l- 4 4LA E-Mail: e,u cci2 1-144 G ' Adcss: l� zlif City/POS �CD\ State: Zip Cocl 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance NO YES administrative rile,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding fiom any other governmental Agency? N0 YES If Yes,list agency(s)name and permit or approval: / 3.a.Total acreage of the site ofthe proposed action? acret b.Total acreage to be physically disturbed? acre/ c Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acre/ 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑ Commercial D4<esidential(suburban) ❑Forest ❑ Agriculture aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 • r ` d� 5. Is the proposed action, _ RECEIVED NO YES NIA a.A permitted use under the zoning regulations b. Consistent with the adopted comprehensive plan? j JAN 6. Is the proposed action consistent,%vith the predominant character of the existing built or naturalNO -YES 'landscape? 7-d17r1rrC'i ren M Qf,4o:rgaS-_ • 7. 1 is the site of the proposed action located in,or does it adjoin,a'state-listed-C—rittcal-Enviromiiental Area? NO YES If;Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? P40 YES b.Are public transportation seivice(s)available at or near the site of the proposed action? ✓✓ c.Are any pedestrian acconunodations or bicycle routes available on or near site of the proposed action? 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: I 10.1 Will the proposed action connect to an existing public/private/water supply? NO YES If No,describe method for providing potable water: L L _ 11.Will the proposed action connect to existing wastewater utilities? / NO YES If No,describe method for providing wastewater treatment: 12.'a Does the site contain a structure that is listed on either the State or National Register of Historic P40 YES P Places? b.Is the proposed action located in an archeological sensitive area`? 13.a Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? r, _ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres. 14. itify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: 7Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ,'❑ Wetland ❑Urban l7�'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? 16.Is the project site located in the 100 year flood plain`? NO YES r 17.Will the proposed action create storm water discharge,eithei from point or non-point sources? P40 YES If Yes, / a.Will stonn water discharges flow to adjacent properties? ❑NO❑YES b.Will stone water discharges be directed to established conveyance systems(runoff and stone drains)? If Yes,briefly describe: ❑NO❑YES Page 2 of 4 • i f �1 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)? E Cd If Yes,explain purpose and size: ECEIVED AN279G12't 19.Has the site of the proposed action or an adjoining property beenithe location of an active or clos6d NO YES solid waste management facility? I Zoning Boai`Cl Of Ap"z If Yes,describe: - �� 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: / i AFFIRM THAT THE iNFORMATiON PROVIDED ABOVE iS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor nam dq- Date: .Pa Signature Part 2-Impact Assessment. The Lead Agency is responsible for the completion of fart 2. Answer all of the followin; questions in Part 2 using the infoimation contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate k small to lar&. impact impact may may occur occur I., Will the proposed action create a material conflict with an adopted land use plan or zoning / regulations? l/ 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.'F,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 r V Nio,or Moderate small to large T-RECEIVE D impact impact may may. f � occur occur 10. Will the proposed action result in an increase in the potentia for erosion,flooding or draina qe problems? I 1. Will the proposed action create a hazard to environmental resource'"spohtini�aln heal�h#�� =- 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 Pail 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the,project sponsor to avoid or reduce impacts. Part 3 should also explain ho-,r 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-tent and cumulative impacts. i ❑ Check this box if you have ermined,based on the information and analysis above,and any supporting documentation, that the proposed action ay result in one or more potentially large or significant adverse impacts and an environmental impact s tement is required. ❑ Check thus box if yo ave determined,based on the information and analysis above,and any supporting documentation; that the proposed tion will not result in any significant adverse environmental impacts. acme of Lead Agency Date Print or T e Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 TOWN OF SOUTHOLD—BUILDING DEPARTMENT Town Hall Aruiex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959 Telephone(631) 765-1802 Fax(631) 765-9502 haps://www.southoldtownny.gov Date Received 'APPLICATION FOR BUILDING PERMIT For Office Use Only 7 PERMIT NO. Building Inspector: JAN 2 2021 a3+�j.6:•'+�''t<�,•s�-`f '�' i'"<`,"},'i.�2:.,t:`,�' _ �'i;.-•. .r�: .... . -:_Y,,.,,rrrm'„`Y'�lh¢ps' ♦�' r'r£'"`.a„°r'�;�.f ,r s.,,_ �-%w; �;".=3;- ,+r.,,i•��;:;;- y y-y�>.V'C3 S3,r_ Vit:; -? 1',ay"Yr;.y_`r�S�>s="< i..- x•,yr,,�3-x `�-+"�. '`a?�• Y kY 'a `t,?,�` eo-;,, •� 3�K,�., ,<- -�,`,:;,.q{`x, S.-, nl�ca ihl7�`'0446-4,64:"tyle (ed i� t-1x ` pirr tare frit)tete : t:,x y/�� yA► A J?- + Y.s .t i� i,i n<•3..S1o,d` ✓; r♦t rf,��t.'2.�;��'=c`;`>' w'•�,>�3•�i �'-kk�:, _ __ �..,. - _.....-.-a >r > a `�d',ir i•.i_scr. 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(•��,�+j��.�•.� ,l�-y-< ��r�S'`•.+4��'tt•: -S"t•'a.�:�vw•�� .'-�r_rr,-r�� ,q 'r ,,:.��'}y.�IS•S�C�ti��Z�'r7,"5��'t�S` �,.,��' n skF ��y�ty/t'r,�^:3"�='� :>"' �t�-^',•r'r,`!3y/��' .Y�'^�hy - _t a.4 t- _:- r<i._ ri �.r� s'"-•'S✓',�,:}•' �•-t2_<a _':1`•t... 'F--�•.�"-�t a�✓,.:%r�=3�<k`'/''%!3!ri Application Submitted By(print n e : ;`"` DAuthorized Agent M weer Signature of Applicant:x l Date: STATE-OF NEW YORK) COUNTY'OF S ) tr�ed being duly sworn,deposes and says that(s)he is the applicant (Name`of individual signi ontract)above named, (S)he isthe ( Jr( iia A-DF (Contractor,Agent,Corporate Officer,etc.) of said"owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his/her knowledge and belief,and that the work will be performed in the manner set forth in the application file therewith. Sworn before me this L7�••day of 1 Q-V-P-YYI ja-tr- ,20" oirl.L" FRANCINE COUPE Notary Public 'JOTARY PUBLIC,State of New Yort No.01 006189134,Suffolk County Term Expires June 23,20A4 PROPERTY OWNER AUTHORIZATION (Where the applicant is not the owner) ;r I, residing at do hereby authorize to apply on my behalf to the Town of Southold Building Department for approval as described herein. • yl "Owner's Signature Date j.Orint Owner's Name x 2 COPY 'N9W YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Environmental Pernfds,Region i SUNY ccb Storyy Brook,50 arcle Road,Stony Brook,NY IT790 P:(631)444-0365!R(631)444-9360 www.dec.ny.gov RECEIVED LETTER OF NGJURISDICT16M JAN 2 2021 TIDAL wETLANbS ACT zoning B Fred Fragola AFD Ventures 130 Oregon Ave Medford, NY 11763 ppltgafipn'IU,47 §&34 73/0,0,QDZ, A_j3 AFD Ventures SCTM_#1000-51-1-4 Dear Mr. Fragala; Based on the infbrmatibn you submitted the.Department of Environmental Conservation has. detetmined that: The,pro,pqrfy landward'of the line labeled "Tbp•of Bluff":as-sbown-omthe survey prepaleed by-Metes-and Qovnds Surveying, last r6vise(i(6n4/12/,2049,t;. -gond Tidal Wetlands Act(Artic[6 26),iuri's'diotioti. Therdfore, no permit!s-'requikeefor Work landward of this rine. .Be advised, no construction,sedimentation, or disturbance of any kind may take Olabe seaward of thefidal wetlands-jurisdictional boundary, as indicated a4ove,without a permit. It is your responsibility to ensure that all precautions are taken to preVent any sedimentation or disturbance within Article 25 jurisdiction which may resultfrom your project- Such precautions may include maintaining Adequate work area betweetl the jUrisdictional boundary and your project(i.e. a 15"wide construction area)"or erectinga temporary fence, barrier, or hale bay bbrm- - Ttiise'leiteiY" wa ernai rnv- Please note that this'letter does not relieve you of the respQnsibility,of Obtaining-any necessary perrifits or�approvat%from'other agencies or local municipalities_ '� , `Sin rely, unicipalities- Isinerely, Sherri Aicher Permit Administrator CG, Michael Mticrina Architect BMHP File - _ S a � .",4'k'.""r• q-, r� %T:! rn 6" �w]^.'' - - - - � g•r✓ f' Rx"Le r s `r - f r 1 r t 4` } dxn i Y - ^t -" - ]l'- _ r°k'd+ry at, - - `a'�,'2.' ,S: - �a`t: •.1z.',.:+iS;, - _ - '-�4 Y'al �4 - : 31;"> "Y} �.%! 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To expire on 5/22/2021. Fees: SINGLE FAMILY DWELLING-ADDITION OR ALTERATION $2,438.80 CO -NEW DWELLING $50.00 aTotal: $2,488.80 BuiVdingIn erector Glenn Goldsmith,President OF so(/ryO Town Hall Annex Michael J.Domino l0 54375 Route 25 P.O.Box 1179 John M.Bredemeyer III Southold,New York 11971 A.Nicholas Krupski G Q Telephone(631) 765-1892 Greg Williams Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD November 5, 2020 RECEVED Fred Fragola JAN 2 7 2029 ADF Ventures, LLC 138 Oregon Avenue Medford, NY 11763 Zoning Board Of ;-mais RE: 17877 SOUNDVIEW AVENUE, SOUTHOLD SCTM#: 1000-51-1-4 Dear Mr. Fragola: In response to your letter received on October 23, 2020, along with photographs, the Board of Trustees reviewed your request to remove the trees that have fallen and to cut down and remove the two large aged trees that are all within 100' of the wetlands, and as reviewed by Trustee Michael J. Domino. The Board of Trustees determined that these fallen trees may be removed at this time and the two (2) large aged trees cut down and removed. No permit will be required in order to remove these trees. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. I return to you your check #209 in the amount of$50.00. If you have any questions, please call our office at (631) 765-1892. Sincerely, Glenn Goldsmith President, Board of Trustees GG/dd f sit p 2 r' "•' .� •r 40 v"f a4A y,•. Y �... yl Fr ♦✓dfay. .ex-y... � y fig,, x?. '+ *t4M` '�,I' �: N'.S�p� Vh,1.,: �k, 'lk;iun' ",ti .Fufi'tMl f,�F :` "w.A'!. k s a.,., .i�n.l�,� ` '� y,,,•z, .i�, rN r,<A" ,,Ar r 'h. < •. .,. -s..'•'� .,r... _ fb. _ .f'y' "`�"' ;C; ^aye .* ,.,'�^"G''x ,. . ++.y--, -•.5., _ _ f- 3' .�a,..,•.• xy .x. •w�a �,. ,y�n:;ec rUv .�. �:1 1 - i�• "A ^ �.-x'{11 `"1►.� .. - - 4 1•.__� -. 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DIV IN Ar lw low ems_ a« ' eau, '• e ZQi JAN 27 202 arc-,. - � pG .:agy.,:t�®�' t s± ✓ ww'� `w,��•al.W� +µ,f „� J4" -_ a �� J_ 'r'v- '< ��.. ,..--fix 1.. ~`�K 'S \>,�,,,a-� � "'^` ��7.'�s t ` -A ,.�"•:,�- \e•.` •�'\ ...-. � ems' ��' '�� k. �y f �s-�exgz-,, - i\� °�� \�`�"'r �•�....� �» � �` . M yyysssa. L rt } r•c -3 ''' ,_y(: �1 ,�; a .. . y,y ,•,0. ''lL v G "�'?c. f Vt ez .�•r > � '� �GY'-s�-?F... �' "�'� ;' '�= �'"'S®. �,`.�'��'+",�"y, �-.- ` '' 'mss., tsT- �.�, +r' ` `�.-\l`\ �'�a �\y `moi.•. --w•' .� �. \��LR�`ht �-.w--$�'4"£ '`-_•ice. � ��`�, �E',A�� „a, � � �_ '`'.;� qti �< K -.- `'� „ ��..- � \ � v.� \ ,i, -.--•tom '� � �••.��^�� ta'i b� a ag - v _ r a.R 'vy. rt S r n q 4r' ti V - 'al .. .� :,ti y it` �y` ♦ u• tEVOW ' n r L Aw. A� �i�44 s e v+r-: 'fL'',,.f t' - �'��.,�""�Qf! -'°'�.t�.�' �`.'# "CY`t ,. 1t2�'i,L�L'�L r" ^�'' �Tµ ,�y. �° .j'•Ir' " -` y ' t r" .q t�.n*>.++ „Y�"'�� ,.c 4"S�E+ri��'�'ar.Y3�� r.-,,� YR,�� x4� '' ,z� ,�� +•�y `"K k�`N,,�.m�ri. � "z� .r,w��„q. +lr. - tm 3'++�iitiY .Yf6i'y6',•3f1d�'iiruYa�.ra%ias;vrlr'V++.'�•��,,,a.•��c„°:.':.<. TOWN OF SOUT OLD OPERTY RECO® 1 , OWNER, STREET �'{ VILLAGE DISTR'.. . -��,�:-- r-L.�T �J � g 1 ^"''i�`"�'r► "'�'a �i`k'� f f fi^ �t�Cf',°'+t�'y 5++.4✓A�1 kY ��/�fg��l'�),s f mss- � y'S'� y '7— r.�+.�. FORMER OWNER E ACREAGE f nrr t /` w _ C Mr`,'},-- { 7¢ :�"' A { p^r� v.,�;"� r ,+` "�.3-•.e'y.,.iP....�+,s`rafi "', 1 j.y^ { �1 ��t-.�1,1 t'0 I•b �' .:.-.r V u;'2....- y�' "'�d• A/ ` '_- S r �/�//: / TYPE OF BUILDING Yt f s C� � $ � C3 1Qt • I P �' �" � ' RES. ��,.0 � SEAS. ( VL. � � FARM COMM.' � IND. � CB. I MISC. 1 ND IMP. TOTAL DATE REMARKS / ✓l ? + J ® �1 z r 149 �f i } J01'` ' AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE 4 Ltd A { ; i --s Farm Acre I Value PeriAcre Value f r � 7 &5 Tillable 1 + ® - 1' �?1/Zt Tillable 2 CA ✓ n Tillable 3 f _L i + Wcodland '= s ' L% l Swampland; - ----- --- Vj�� ',- r-- �L/ � '"• Brushland ! 10/15-hq 4 House Plot ( d 3 � { Total /lam — ( — r�t i o < _ Q 0 ► i I � , � ��s # ! I . II i i A 1` TI r 1 I_.Ll I - I _I • r` Fk M. Bldg.` I �}Z�" DoMG'V Foundation Bath i F-+-rasion i = Basement Floors 0 C1 Exrension Lit Ext. Walls Interior Finish f Extension Fire Place Heat ' - Porch Attic Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Floor Garage Driveway J. B. . T L COLOR ,. r� �i cl�j v � r � 6 Q ra TRIM —' Un IV r SQ. FT. Fin"B" 1 st Floor 2nd Floor TOTAL )l72,-PL t d � Foundation PC CBL � OTHER Bath Dinette ULL COMBO E�ctefi's+e Basement CRA R PARTIAL Floors Kit. A � rCi �_ nF6 4 ` (� Finished B. Interior Finish L.R. Extension/ /d°/-L-i 4 SX& � I FP/WBS ( Heat D.R. Garage Ext. Walls BR. Porch 30v r �© / } Dormer Baths Deck/P atia Yd Roof Fam. Rm. t/ Pool Solar Foyer V✓ A.C./GEN �� zrl C2.00 Laundry v Library/ O-B. Study Dock f`✓u0 V ADF Ventures, LLC 13 8 Oregon Avenue Medford, NY 11763 Email: Adfventures(c gmail.com (631) 654-1771 * fax (631) 447-1775 January 26, 2021 Town of Southold Zoning Board of Appeals 54375 Route 25 Southold,NY 11971 Attn: Elizabeth Re: 17877 Soundview Ave, Southold Pool Permit Application Dear Elizabeth, Enclosed please find the following to be added to my"boxed"package you are holding for me. 1. The Short Environmental Assessment Form (Original and(9) copies) 2. The Revised survey with pool schematics (Original and (9) copies) 3. The revised Notice of Disapproval with changed footage. (Original and (9) copies) Let me know if you have everything for review and when we can get on calendar please. Thank You for You p. uc prec , a ELIZABETH A.NEVILLE,MMC �� ,f, Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 C Southold,New York 11971 REGISTRAR OF VITAL STATISTICS B • Fax(631)765-6145 MARRIAGE OFFICER y� ® Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: January 29, 2021 RE: Zoning Appeal No. 7475 Transmitted herewith is Zoning Appeals No. 7475 for ADF Ventures LLC: _ZNotice(s) of Disapproval The Application to the Southold Town Zoning Board of Appeals _Applicant's Project Description Questionnaire —r r ,,-Correspondence- 7/2./l T ►.kv 4 WO Certificate(s) of Occupancy Building Permit(s) Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, etc.) __,,- Misc. Paperwork- ArA4 c,1i,8 of QCaani 2 LA n;dam, Copy of Deed(s) /Findings, Deliberations and Determination Meeting(s) _Agricultural Data Statement Short Environmental Assessment Form Board of Zoning Appeals Application Authorization Action of the Board of Appeals Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) LWRP Consistency Assessment Form ./Photos ,/Property Record Card(s) Maps- -/Survey/Site Plan Drawings own of Southold i P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 01/29/21 Receipt#: 277702 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7475 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#249 $500.00 ADF, Ventures LLC Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: ADF, Ventures LLC 138 Oregon Avenue Medford, NY 11763 Clerk ID: JENNIFER Internal ID:7475 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®��®F so Southold 53095 Main Road•P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Aana .1L Office Location: Eric Dantes tes c� ha Town Annex/First Floor, Robert Lehnert,Jr. • iQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®lf�`,®Uf Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL1, 2021 PUBLIC HEARING Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the APRIL 1, 2021 Zoning Board of Appeals meeting will be held via video conferencing, and a transcript will be provided at a later date. The public will have access to view, listen and make comment during the meeting as it is happening via Zoom. Details about how to tune in and make comments during the meeting are on the Town's website agenda for this meeting which may be viewed at http://www.southoldtownnv.gov/agendacenter. Additionally, there will be a link to the Webinar Zoom meeting at http://www.southoldtownnv.qov/calendar.aspx. If you do not have access to a computer or smartphone, there is an option to listen in via telephone. 10:00 A.M. - ADF VENTURES, LLC. #7475 - Request for Variances from Article XXII, Section 280-116A (1) and the Building Inspector's January 25, 2021 Notice of Disapproval based on an application for a permit to construct an in-ground swimming pool at; 1) located less than the code required 100 feet from the top of the bluff; located at: 17877 Soundview Avenue, (Adj. to Long Island Sound) Southold, NY. SCTM No. 1000-51-1-4. 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 on The Town's weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email: kimf@southoldtownny.gov. Dated: March 18, 2020 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 CqV ©a pi l AFFIDAVIT OF PUBLICATION 10� d0 1A0The Suffolk Times LEGAL NOTICESOUTHOLD TOWN ZONING BOARD OF APPEALSTHURSDAY,APRIL 1,2021 at 10:00 AMPUBLIC HEARINGSThis PUBLIC HEARING will be held virtually via the Zoom online platform. Pursuant to Executive Order 202.1 of New York Governor Andrew Cuomo in-person access by the public will not be permitted.The public will have access to view,listen and make comment during the meeting as it is happening via Zoom Webinar. Details about how to tune in and make comments during the meeting are on the Town's website agenda for this meeting which may be viewed at http://www.southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://www.southoldtownny.gov/calendar.aspx. 10:00 A.M.-ADF VENTURES,LLC#7475- Request for Variances from Article XXII,Section 280-116A(1)and the Building Inspector's January 25, 2021 Notice of Disapproval based on an application for a permit to construct an in-ground swimming pool at; 1) located less than the code required 100 feet from the top of the bluff;located at: 17877 Soundview Avenue, (Adj.to Long Island Sound)Southold, NY.SCTM No. 1000-51-1-4.10:10 A.M. -EMILY MILLER#7476-Request for a Variance from Article XXII,Section 280-105 and the Building Inspector's November 30,2020 Notice of Disapproval based on an application for a permit to legalize an"as built" 5.2 feet pool fence in the front yard;at 1)fence more than the code permitted maximum four(4)feet when located in the front yard;located at:9575 Nassau Point Road,Cutchogue,NY,SCTM No. 1000-119- 1-3. 10:20 A.M.-MARY MCKAY#7478-Request for a Variance from Article XXIII,Section 280-124 and the Building Inspector's January 19, 2021 Notice of Disapproval based on an application for a permit to construct a front porch addition to an existing single-family dwelling;at 1)located less than the code 3 required front yard setback of 55 feet;located at:450 Castle Hill Road,(Adj.to Long Island Sound) Cutchogue, NY.SCTM No. 1000-72-1-1.8.10:30 A.M.-KEVIN AND CHRISTINE MEYERS#7479-Request _for a Variance from Article III,Section 280-15 and the Building Inspector's November 18,2020 Notice of Disapproval based on an application for a permit to legalize two"as built"accessory buildings;at 1) accessory garage located less than the code required 20 feet setback from the property line;2) accessory shed located less than the code required 20 feet setback from the property line;located at: 1985 Peconic Lane,(Adj.to Long Island Sound)Cutchogue,NY.SCTM No. 1000-74-5-7.10:40 A.M.- JESSICA AND WILLIAM MACOMBER#7480-Request for a Variance from Article XXIII,Section 280-124 and the Building Inspector's January 12,2021 Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling and construct a new single family dwelling;at 1)located less than the code required single side yard setback of 15 feet;located at:4040 Deep Hole Drive,(Adj.to Deep Hole Creek) Mattituck,NY.SCTM No. 1000-115-17-4.10:50 A.M.-ISAAC ISRAEL AND JONATHAN DIVELLO#7481-Request for a Variance from Article XXIII,Section 280-124;Article XXII,Section 280- 104A;and the Building Inspector's January 22,2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling;at 1)located less than the code required front yard setback of 35 feet;located at:255 Corwin Street, Greenport, NY.SCTM No. 1000-48-1-44.2.11:00 A.M.-MATTITUCK 2012, LLC#7483-Request for Variances from Article IX, Section 280-42A and the Building Inspector's January 25,2021 Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling with a business office and construct a new single family dwelling with a business office(pest control);at 1) located less than the code required front yard setback of 100 feet;2) located less than the code required rear yard setback of 75 feet;3)located less than the code required single side yard setback of 20 feet;4)located less than the code required combined side yard setback of 45 feet;located at:36230 NYS Route 25,Cutchogue, NY.SCTM No. 1000-97-3-2.1:00 P.M.-THOMAS AND MICHELLE HART,DEEP ROOTS FARM, LLC#7485- Request for a Variance from Article III,Section 280-15B and the Building Inspector's December 16,2020 Notice of Disapproval based on an application for a permit to convert an existing accessory farm building into an accessory agricultural production building;at 1)located less than the code required minimum 25 feet setback from the property line;located at:57685 Main Road,Southold, NY.SCTM No. 1000-63-3- 17b33d05-40c6-4b6d-9cc0-7c9a6b7c3d18 kimf@southoldtownny.gov SOUTHOLD TOWN BD OF APPLS 268 AFFIDAVIT OF PUBLICATION The Suffolk Times 25.1:10 P.M.-JOSHUA A.SKREZEC AND JULIE L. ROMPEL#7482SE-Applicant requests a Special Exception under Article III,Section 280-13B(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure;at:21905 Main Road,Cutchogue,NY.SCTM#1000-109-1-8.9.1:20 P.M.-BYRON ELMENDORF#7484SE-Applicant, requestsa Special Exception under Article III,Section 280-136(13). The Applicant is owner of subject property requesting authorization to maintain an Accessory Apartment in an existing accessory structure;at: 1570 Bray Avenue,Mattituck, NY.SCTM#1000-126-7-26.1.1:30 P.M.-SUFFOLK COUNTY ENERGY STORAGE II, LLC-#7463SE-(Adjourned from March 18,2021) Request for a Special Exception pursuant to-Article XV,Section 280-626(5),to construct and allow for public utility structures and uses; i.e.,battery energy storage system facility;located at 69430-Main Road(NYS 25),Greenport,NY SCTM No. 1000-45-5-1,The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated-above. Files are available for review on The Town's Weblink/La"serfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http:H24.38.28.228:2040/weblink/Browse.aspx?dbid=0. Contact our office at(631)765-1809,or by email:kimf@southoldtownny.govDated: March 18,2021ZONING BOARD OF APPEALS,LESLIE KANES WEISMAN,CHAIRPERSONBY:Kim E. Fuentes54375 Main Road (Office Location), P.O. Box 1179, Southold, NY 11971-0959 17b33d05-40c6-4b6d-9cc0-7c9a6b7c3d18 kimf@southoldtownny.gov SOUTHOLD TOWN BD OF APPLS 269 AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, The undersigned is the authorized designee of Andrew Olsen,the publisher of The Suffolk Times,a Daily Newspaper published in Suffolk County, New York. I certify that the'public notice,a printed copy of which is attached hereto,was printed and published in this newspaper on the following dates: March 25,2021 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,and as such,is eligible to,publish such notices. Signature Eliot T.Putnam Printed Name Subscribed and sworn to before me, This A_day of AP20,Ll NotarySignat a % 0 . �� . ' •STATE 8 .* OF NEW PORK•'. NOTARY PUBLIC .0 2- ALBANY ' o Z (7 01RE6399443 •• O e' p •• �� Notary Public St •• o �4 fTsto 17b33d05-40c6-4b6d-9cc0-7c9a6b7c3d18 kimf@southoldtownny.gov SOUTHOLD TOWN BD OF APPLS 267 •n f TOWN OF SOUTHOLD 'I ( ZONING BOARD OF APPEALS Appeal No. S SOUTHOLDI NEW YORK AFFIDAVIT OF In the Matter of the Application of: MAILINGS Zze-_,- (Name of Applicant/Owner) SCTM-No. 1000- (Address of Property) (Section, Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK _ �- I, (4 wner, ( ) Agent_,��t./"4 /j �:X7d residing at !7 A New York, being duly sworn, deposes and says that: On the �S day of 20 , I persdnally mailed at the United States'Post Office iri ,New York, by CERTIFIED MAIL' _ RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in l Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on fife with the ( )Assessors, or( ) County Real Property.Office, for every property which abuts and is across a public or private street,-or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Swor�t.to before me this J FRANCINE COUPE aa,!_ day of _M0_ 201 ;\ZOTARY PUBLIC,State of New Yor' No O1C06189134,Suffolk county Term Expires June 23,20 (Notary Public) PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. All-original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. t • COMPLETE THIS SECTION,ONDELIVERY" i ■ Complete items 1,2,and 3. A. Signat e ■ Print your name and address on the reverse Agent I so that we can return the card to you. X 0 Addressee Attach this card'to'the back of the mailplece,— B. Received by(Printed Name) C. Date of Delivery I or on the front if,space permits. 1. Article Addres ed o: D. Is delivery address different from item 1? 0 Yes i/�/1 � �l /��f� � � If YES,enter delivery address below: ❑ No � /,5 7j�&-�d- ilv, x 3.,.Service Type ❑Prifority Mail Ex ress i II I IIIIII IIII III I II III I II I VIII II I I I I II I I I I III t�dult Signature ❑Registered MaiIM ❑ dult Signature Restricted Delivery Rgistered Mail Restricted ❑ I, 9590 9402 4417 8248 7606 65 C1:1ertified Mait® Delivery I Certified Mail Restricted Delivery ❑Return Receipt for ' ❑Collect on Delivery Merchandise 2. Article Numbe�`r�--`--f^^-^^�• r�r,dt O__C_ollect on Delivery Restricted Delivery IJ Signature ConffrmationTM 1510 1101105i27- 3306 �r a Mail Restricted Delivery 11 Signature Restricted Delivery r$5oo) ' PS,Form 3811,`July2015 PSN 7530i 02-000-9053 I t t i 1 Domestic Return Receipt TOWN OF SOUTHOLD ZONING BOARD OF APPEALS (AD SOUTHOLD,NEW YORK � AFFIDAVIT OF In the Matter of the Application of: POSTING /� SCTM No. 1000-�� l� (Name of Applicants) (Section, Block& Lot) COUNTY OF SUFFOLK STATE OF NEW YORK residing at 4 &4laAO-0 New York,being duly sworn, depose and say that: I am the ( r or( ) Agent for owner of the subject property On the of A ; 20 , Lpersonally placed the Town's Official,Poster on subject p erty located at: _ indicating the date of hearing'and nature of application noted thereon, securely upon subject property, located ten (10) feet or,closer from the street or right of Wdy(driveway entrance) facing the street or facing each street or right-of-way entrance,*.and that; 1 - I hereby confirm that the Poster has remained in place for seven(7) days prior to the date of the subject hearing da , w ich hear' date w shown to be -' O er/Ag S' nature) 1 n�7 Da {� 20�l Sworn to before me this — y of // I FPBlEPUBLIC, COUPE NOTARY!'UREIC,Stale of New Yorl No.01 C06189134,Suffolk County (Notary Public) Term Expires June 23,20.2q * near the entrance or driveway entrance of property, as the area most visible to passerby M ° ° 1 C t'nf rn Cu�...Y' � ll ?.) L U [E I °Sou" A° L E!-ti -S°Enj P°stage 1 y•V 17Y� I NwPostae Lr) Certified Fee i� u'I Certified Fee a- • � LI,lIII DLI°LILI /G) �� Return Receipt Fee •-_ Postmark 0 Return Receipt Fee +_°!! I v /�{ps mark Q (Endorsement Required) $I1,[II i Here i r-3 (Endorsement Required) liL I•LII I �p t Restricted Delivery Fee 0 Restricted Delivery Fee i1- vii (Endorsement RegulrC3 Ied ��!/// (Endorsement Required) I N Total Postage&Fees $ ( 0 _ r�21. f i f/[I /)1 ;?1 { a Total Postage&Fees�� r: xp / en Street, No; - -- ---------- - _ --- ------- d or PO Box No O or PO Box No 1 1~ 0� City,S t IP n / n it ii. '' r/ a'x u' s I - ' ® . �._ ■ m ® © � t tee. i' rn f D• • l O s Do • ° - }� ErM. ru RosQ VY J5�4C �P A L U S E N 3oubel T 1 .9a ° iia L U S co PS II$ 11742 ca Pt7sfag911$ Li74u9 1 Ln Certified Fee $2.35 L i9 Certified Fee �I o j IIJ $I_I,00 Return Recei t Fee —$U,L ILI Postmark O Postmark V Receipt Here C3 Return Receipt Fee Here (Endorsement Required) C3 $I I,I_II I l 1:3 (Endorsement Required) �Ij,I If_I I3 Restricted Delivery Fee $[I, il:I O °__ (Endorsement Required) I (Endorsemennt Required) O $0.7.1 $1_I,7.s Total Postage&Fees 03/05/2021 / { 17-9 Total Postage&Fees � 03/17.15/202 0 — , 03/05/2�I 21 L ^ � Sent Ti S 1 - ""_'-'i-r---- ----- n� Siieef,Apt tvo, � - ---� - r-9 Streer,r••• -• �, or PO Box No ��i/) IC3 orPOE �•N -- --�( CitSta" �. - ----�- -- ---t--'------ ------r- -�------- 110 S8N COMPLETE • • • • DELIVER ■ Complete items 1,2,and 3. A. E;Iiit� ■ Print your name and address on the reverse X11Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Aec#ed by(Printed Name C. Dates of De)ivery or on the front if space permits. �, l ;.,Lel 1. Article Addressed to: D. Is delivery address different from item 1? ❑Ye If YES,enter delivery address below: ❑No OLD,Jiiij'k �5-,J9 10 o BAR' l III' I'll III I I III I I IIIII l l I l l I I II III 3, Sult Sig PF- El PrioritRegistered redd Express ❑Adult Sign�tty��r �� ❑Registered MaiIT^' ❑Ade�Sfgnet�e Re§1rJ Tzl ery ❑Registered Mail Restricted ertfied Mail® Delivery 9590 9402 4417 8248 7606 34 0 Certified Mad Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise 2. Article Number ransfer from service label) ElCollect on Delivery Restricted Delivery 0 Signature ConfirmationTM -"--gid Mad 0 Signature Confirmation ?014 0 510 {l t7 0 5827 3290 Id Mad Restricted Delivery Restricted Delivery £500) � PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt - USPS Tracking® FAQs > Track Another Package ♦ q Z Tracking Number:70140510000058273283 Remove x The delivery status of your item has not been updated as of March 11,2021,12:27 am.We apologize that it may arrive later than expected. Awaiting Delivery Scan March 11,2021 at 12:27 am Get Updates u Text&Email Updates u Tracking History v Product Information uCD CD CL Q 770 See Less Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs USPS Tracking® FAQs > Track Another Package ♦ Tracking Number:70140510000058273313 Remove x Your package will arrive later than expected,but is still on its way.It is currently in transit to the next facility. In Transit,Arriving Late April 1,2021 Get Updates u Text&Email Updates u Tracking History v Product Information u M Cr W 0 See Less Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs — T/11 UjVj UM alroST'AL SERVI E. MEDFORD HOLTSIVILLE 1905 ROUTE 112 i' 162 LONG ISLAND AVE MEDFO D, N2711863-3670 HOLTSVL_LE, NY 11742-1828 777 12:13 PM (800)275-8777 03/08/2021 ---_--------------- 03/05/2021 09:23 AM Price ---------------- ---------------------- ------------ Qtv Unit Product _----Qty Unit Price Product price -------------$075 ; ----Price ---------------- . First-Class Mail® 1 fa' First-Class Mail@ 1 $0.75 Letter Letter _ Southold-,-NY 11971 Southold, NY 11971 Weight: 0 lb 1.10 oz Weight: 0 lb,1.70 oz Estimated Delivery Date Estimated Delivery Date Thu 03/1.1/2021 $3.60 I Mon 03/03/2021 Certified Mail® Certified Mail® $3.60 Tracking #: Tracking #: 701405100000582?3283 $2.85 70140510000058273306 Return Receipt Return Receiot $2,85 Tracking #: Tracking #: 9590 9402 4417 8248 7606 1$7 20 9590 9402 4417 8248 7606 65 Total Total 3i2zs;.� $7.20 -------- ___.-_----•----- $7.20 First-Class Mai1ltJ 1 $0.75 Grand Total: Letter ---- $20.00 Southold, NY 11971 Cash -$12.80 Weight: 0 lb 1.70 oz Change ________- ------ Estimated Delivery Date ____-- -------- Mon 03/03/2021 Certified Mail@ $3.60 USpS s xperi ncing`ulprecedentedxvolumex Tracking #• USPS is experiencing increases and limited employee 7014510000058273290Return Receipt $2,85 availability aue to the impacts Tracking #: COVID-19. We appreciate your patienn ce- 9590 9402 4417 8248 7606 34 xxexx exxxv v xxxr xxxxxxxx�xx rexr*�x*** xx*xx ', Total �j01-7- ve4VA $7.20 tracking number to 28777 (2USP$) Text your $0.75 to get the latest status. StyoudmayMessage Letter Mailer 1 and Data rates may apply or/call Roslyn, NY 11576 visit www.usps.conaP Tracking Weight: 0 lb 1.70 oz Estimated Delivery Date Mon 03/03/2021 Certified Mail@ $3.60 Tracking #: 7014510000058273313 i Return Receiot $2,85 Tracking #: 9590 9402 4417 8248 7606 58 r Total '_ $7.20 ---------- --------- Grand Total : $21i60-, -------------------------------------------- Cash 2-1:60-,=-------------------------------------------Cash $22.00 Change -$0,40 --------------------------•----------------- i I • 14 1 • s 4'. N01 110E OF HEIARING «-ei.._ _ { -� ,. s'A'rr}sNw..�it&� 4�,� •: sy'.�;..Nd�� s� "�.i�.�A - S� . `!tAfiliTt P*,* SCTM 1000-f,1-1-4 VAMANCf. BLUFF SETBACK 1llYkl�tA�lf`t�<g, �: ; w z LATE. T"titr - t, i1 14pxq " NOTICE ICE C w e BUILDING PERMIT s �+It� TIi. E uF HEARIi4 ' The following application will be heard by the Southold Town Board of Appeals VIA ZOOM WEBINAR - REFER TO ZBA WEBSITE FOR AGENDA on httpm. southoldtownny. ciov NAME : ADF VENTURES LLC #7475 SCTM # E. 1000-51 - 1 -4 VARIANCE : BLUFF SETBACK REQUEST: CONSTRUCT AN INGROUND SWIMMING POOL DATE : THURS . APRIL 1 , 2021 100000 AM You may review the file(s) on the town 's website under Town Records/Weblink: ZBA/ Board Actions/ Pending . ZBA Office telephone (631 ) 765-1809 Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 UD Southold,New York 11971-0959 ��. Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: March 1, 2021 RE: INSTRUCTIONS FOR PUBLIC HEARING The following policies are required by New York State Law Dear Applicant; Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the April 1, 2021 Zoning Board of Appeals Regular Meeting will be held via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. "All im oME 1. Yellow sign to post on your property a minimum of seven (7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than March 24, 2021. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law, your scheduled hearing will be adiourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of video conference meeting. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office by March 22, 2021, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. •I Instructions for ZBA Public Hearing- _r Page 2 Please send byCiea z 'e edit; the following documents 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. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by March 15,2021. a. Legal Notice informing interested parties of meeting being conducted via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff, they may telephone 631-765-1809 or email us at kimf@southoldtownny.gov or elizabeth.sakarellos@town.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblinkBrowse.aspx?dbid=0. d. Survey or Site Plan depicting "as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also, the Town Assessor's Office can be reached at 63-1-765-1937. Contact us via email or by phone if you need further assistance.----"-` TownOfSouthold>Assessors >Assessment Books/Tax Rolls> 2010-2019>2019 http://24.38.28.228:2040/weblink/0/doc/I022250/Pa eg 1 aspx. .�n- ��r't•� " 4. .-..,...T�.�, �.. o�t„ .-^.bSi 4"�rR.�,>".�<.'a'-":'�' '�"<� y�i."zy,�'�. str,T i•;�R` xz"s;�,a;"a,y`] �rs�,4<uy�� ;��F.. ` 1- ar"•` t' 2,"a �1,�j? `}(t't l "`a�%�.5- _„ ,-„2 •-t...a:^�"x;"r",�'�,'k,r: a� 'a�.tl�.,',.....,O 'S;'j4.;,, r„� - �',� •t. - q;-�e.k-yam � s..'-..n- >,r�w y. r3.,� -�_t§- '�' ."�,,r.:.3 �,,?.�4 r='��`xr�t' �-a��r �, .�w%'.�`-'�,`':; + �2p Kii p �v' �.+,,�t'+.• p 5K p �' * j+ .= m' �f�.".�Y��..�t�]sp�,Y�` /5!� (^��¢'' ni"{h`] *•', ��."'.�', ,,,5'!`a�.V��R M4��1"e+'�iFki,,u �. x� � 5�� \`t"= �.4�4 'il.� ^aj" j��hA -'aY.-�Y'�i;4��,� l'A��?�.T Q��3 � �,.�"+°�:..J F.y,tt.,��t(��•� „� `�'�^�`^^'H°�ti,�+�.htE: c (y1 h � F e ��'4,,e7.'� EI�� H?G z. r s" �S.V7. • r.3_V 0 +�'. 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'Brome ,5eardt• T,4.0fSonthD1d>Zoning Board ufAppeals176A)` Zoning Board of Appeals4~i Name i (ZBA) A M Alp ab etkal Inde: Boa -AW" -----------__ -_- ----- — -- - -----~---- -- -- --'--'------ ---- , {{ •— ,.,{ 13 tasernu,e search Guides $ Path 'i U3 Meetlng5chedWes -- - - - - _ -• - -- -- _ - - ---'--- ITownOf5oWl,Wdt7oniag BOa 1.•;_ _ •-- - _ -- __ ., __ _ _ -- _--- _____-- ---. _ _..--... -__..__ _ _ ...__. ., .. .� of Appeals(ZEN ml, a Ag ndaVUZ21 H1.m sMearfngs —' Creation date `; yPj, Pending 7r1fA7001 1-.17.16 PM (" (� -._ —_,—_.---_--------- --------------- 111 j"I B°p°rt j Last17114b 5Special event Perlis l 23r1017117.14 AM _.- i ;' E1 Tatting Bequtnments ZBA OfBdals #,.•_e •�.:�.'r�:•R,.2=ire'.u.x„ �ZOA Folates No msadata assigned 't+ C?I EacepnptsList code 290-10C(31 1 { i "•'4 Nrladtction L!sttng Book of Mapped 1977 Edsvng Lots 189 r ocedwt&.ResuCs,-�' } _ 5 Agreettrent;CoMnttsBLeases ._ _ P Page tofI 14EAhes 'Above: Listed are types of records under ZBA Folder. 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Click folder to open, All Special Exception applications that require Coordinated SEQRA Analysis`are stored in "Pending". +mae= trwu.-'sd?R7.'-• 't T,owtsamdd>xaronaeayaotrorws _tom. - -"'�3�=�=::��'�.. :__ .`,,�, t' - -_ � -- -�:=-;;-' - _ - - - t,�,: - .,:=`` ,�•y 2017 3 g dsa 7e twvdacoons %M i q,q, 9d OvdAtnonf dead-dxe (1 LMnwdlftd 51 AM I. N,• l,a mmelmnK R Metadat6. —1' I 7.1 fg:o,e w- tw..akuo,n t&"702➢ w ao..a'cnom rgl 7tm n eozdi.ewm _ _ 1, o� �(�70.7• ae sw,a]<nom -- �y2, 210 eaarv/.t1o.ss 13 - � f 7026 v ew,d Kco.s - g 7UM ; e.am Knorr , Above: See listed File Numbers. Click on file you are searching. s Laserfiche Instructions ZBA Files Page 4 �cashel „z,^ Above: In addition searching by file no.You can also use the above search tool by typing the name or title of the applicant. IaserticheWebUnk - — -- - - -= -.-:fir - Home :Br'owse; Search---},•-- _ - - _ - - - - - _ _ 'cu@omlze search Y I sort results by- Relevance v , 'I I_Records Management Search i`—_ 07016 'nddnam i Board Actions-93page(s) 7 Choas-e 0e{d _ Page count:a3 Template name:Board ACnons Rai Page 3 ..C91n and Kristen Cashel PROPERTY LOCATION.162 Lower Shingle HILI,Fisher_ A Page a 19 2017#7016.Cashel SCTM No 10069-1-26 minimus approval to remo-. Pair 5 y 19,2017#7016.Cashd SCrM Na 1000-9.1.25 GRANT,the variances as_. i Seardr tem Page 9..CONN&KRISTEN CASHEL SECTION DD9 BLOC_ Page 20..Thomas Ahlgren(Coshell PO Boz 342 Fishers IslandNY . •—"'- _—"- ',? V Show more Information- 97018 nformation_.97018 ' Board Actions-56 page(s) IPage count s6 Template name:Board Actlons Page 48...930 A.M.-40LINCASHELAND Varlances under Article ldSectlon ANN_ -Page 48-ance(s)KRISTEN CASHEL#7016-Request proposed trellis located In other Nu... V Show more Information_ ' Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.4-1. Lawilche WebUhlk My wet unk l)rfap 1 Abo a'l Sil Home m Browse _Search T w•To,&nOfSotithold.ZoMeg Board otAppealf(Z"t Minutes(AkehdasAeg,a)tiohceflHearfrtg- Mmutes/Agendas/Legal Fame Pase--i Notices/Hearings 'L@ 1957-1979 Enuq RtopeNes '. ^_ "�' n7986'999 Q 70062009 Path 1010 TownOfScutherd+Zming Board of Appeals l sa 2011 ' (ZBA)Vvhnutez Agerrdas/le$a1 '' �2012 - t bLrtesmeadngs Creation date M 2013 7/102001 25740 PM M 2014 - Last modified I ER 2015 ' �D201b _- - - -- - t R-Metadata _ ' I'VE 2017 - - No mendata assgned Page 1 of 1 - T 1 Enb oe�•a-.+.++�,e•m:k moa.+e erra,«ixa.w.u.,r1a 1°9�ux lca�ssx�n-.nn.e - - - " Above:Also, Minutes,Agendas, and Hearing Transcripts can be viewed. v Laserfiche Instructions ZBA Files Page 5 Laserflche'WebUnk - „ r kap -� tay?NendnKl-i i'A uF! 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Revised 6/15/2020 RECEIVE® ADF Ventures LLC7� 7?'13 8 Oregon Avenue AFR !� ��' Medford, NY 11763 Zoning Board of A Email: Adfventures@gmail.com ppeals (631) 654-1771 * fax (631) 447-1775 April 9, 2021 Town of Southold Building Department Zoning Board of Appeals 54375 Route 25 Southold,NY 11971 Re: 17877 Soundview Ave, Southold SCTM No. 1000-51-1-4 Dear Zoning Board of Appeals Members, Regarding our application to construct an in-ground swimming pool 15'00'. At our previous meeting on April P', 2021 (#7475) we were asked to find (5) other non- conforming properties in our area. After researching we f6und the following attached properties that received approval from the Board., 1. Michael McAllister at 17665 Soundview Aye In-ground swimming pool with less than the required 100' from bluff. 150 2. Jamie&Katie Nickolas at 17665 Soundview Ave In-ground swimming pool with less than the required setbacks. 3. Rachel Murphy at 21695 Soundview Ave In-ground swimming pool less than required 100' from bluff. A 1 4. Lloyd Kaplan at 105 Soundview Ave In-ground swimming pool with less than the required setbacks. 5. George &Maria Yatrakis at 18805 Soundview Ave In-ground swimming pool with less than required 100' from bluff. 75 Chairperson Leslie Weisman, was,also waiting for the Suffolk County Soil and Water Conservation District evaluation. I've also attached PDF's of the report from Suffolk County Soil and Water Conservation District and copy of survey redraft-showing the 25' non-disturbance buffer. Thank You Fred Fragola �I /YC-f9GL-1--- - - - - AO a0D 0 ------------- B APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman may® ��y 53095 Main Road James Dinizio,Jr. o P.O. Box 1179 Lydia A.Tortora o ,? Southold,New York 11971-0959 Lora S. Collins ® �`F ZBA Fax(631) 765-9064 George Horning ®1 �� Telephone(631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 16, 2001 Appl. No. 4976—MICHAEL McALLISTER 1000-51-1-3 STREET& LOCATION: 17665 Soundview Avenue, Southold DATE OF PUBLIC HEARING: July 12, 2001; July 19, 2001. FINDINGS OF FACT PROPERTY FACT51DESCRIPTION: The applicant's property is vacant(after demolition of a house and pool which existed several months ago). The lot consists of 85,802 sq. ft. in area and 150 ft. of road frontage along the north side of Soundview Avenue in Southold. Roughly 20 percent of the property is located below the top of the bluff and extends to the L.I. Sound. BASIS OF APPLICATION: Building Department's May 31, 2001 Notices of Disapproval: (1) for a new single-family dwelling in violation of Section 100-239.4A.1, which requires 100 ft. setback from the top of the bluff, and (2) under Section 100-239.4A.1 for a new in-ground swimming pool in violation of the 100 feet setback from the top of the bluff and at 23 feet at Its closest point to the westerly side property line, and (3) for a proposed location of an accessory garage 20' x 20' in size, in violation of Section 100-33B.4, which requires a minimum of 20 feet from the side lot line. AREA VARIANCE RELIEF REQUESTED: In the original request, shown on the survey dated June 1, 2000, the applicant requested a new in-ground swimming pool location at 48 feet from top of the bluff, to replace the former swimming pool, which was located closer to the bluff. Also proposed on the June 1, 2000 survey was a new dwelling with open deck at 62 feet from the top of the bluff at its closest point, to replace the former house which existed closer to the bluff. (The garage was removed from the June 1, 2000 proposal.) At a subsequent hearing held on July 19, 2001, applicant submitted an amended map dated July 18, 2001 proposing modified building setbacks as follows: (a) for a new principal building at 70 feet from the topographic crest of the bluff at its closest point, (b) for a 161x32' accessory swimming pool structure at 50 feet at its closest point to the crest of the bluff, and (c) for a 20'x20' accessory garage in a front yard location, 10 feet from the westerly side property line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following considerations: 1. Applicant relied upon the Building Department's request to remove utilities from the Page 2—August 16,2001 'G S Appl. No. 4976—M. McAllister Re: 1000-51-1-3 at Southold former house location, situated closer to the existing tiered bluff area. The relief requested in this appeal was submitted after,the ruling by the Building Department (for removal of utilities), then applicant demolished the former dwelling. Based on this reliance, applicant then found that there were no vested rights to the former nonconforming building setbacks. 2. Applicant is requesting 50 feet, as amended from the original request, for the accessory swimming pool, and 70 feet for the principal building (dwelling with or without a deck) at its closest point to the top crest of the bluff. Based on applicant's testimony relief upon by this Board at the hearings, and evaluation from the Suffolk County Soil and Water Conservation District and testimony received from the applicant's consultant regarding knowledge of similar bluff areas, that there will be no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Therefore, upon this reliance, the Board is requesting mitigation to replant and stabilize both the toe of the bluff and for adjacent bluff of stone wall along entire toe of bluff, and appropriate replanting at entire face of bluff defaced by storm damage. 3. Applicant indicated at the hearing that if this variance is granted, that applicant's agree to abide by the setbacks as confirmed on the new survey dated July 18, 2001, for a new swimming pool at 50 feet from the top of the bluff, and new dwelling at 70 feet from top (second landward)tier of bluff that the granting of this application be conditioned and relied upon and agreeing to the requirement that a Certificate of Occupancy be issued only after an inspection by a Town designated agent, or ZBA representative. 4. The action set forth below is the minimum necessary to achieve a reasonable location for the dwelling and accessory structures, while at the same time preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTIONIBOARD ACTION: On motion by Chairman Goehringer, seconded by Member Collins, it was RESOLVED, to GRANT setback relief, as applied for and shown on the July 18, 2001 amended survey map, subject to the FOLLOWING CONDITIONS for appropriate landscaping and other measures: 1. Installation of a modified revetment with two tiers of stone or other appropriate material, to meet the approval of applicable environmental agencies, shall be completed as proposed at toe of bluff along frontage of applicant's property_ 2. Appropriate replanting of defoliated areas along, at the toe, and upper areas of the bluff with appropriate materials shall be completed as confirmed in the ZBA record and agreed to by applicant's agent and the owner. 3. Appropriate replanting of all areas affected by replacement of stairwell to the beach. 4. Setback of pool, including any deck, shall be at least fifty (50) feet to existing and proposed wood retaining wall indicated on survey submitted by John Ehlers dated 7118101. t t R Page 3—August 16, 2001 Appl. No. 4976—M. McAllister Re. 1000-51-1-3 at Southold 5. The principal building (house) replacement, including any deck, shall be at least seventy (70) feet to the crest of the bluff indicated on the 7118101 survey prepared by John Ehlers. 6. Proposed accessory garage shall be located not closer than 10 feet to the westerly property line, and greater than 100 feet from the top of the bluff. 7. The Zoning Board, its Chairman, or other representative, reserves the right to inspect the property during and after all phases of construction. 8. That there be no storm water runoff which will cause erosion or damage to the bluff areas, and that roof runoff be directed into storm water drains on site landward of the dwelling or at least 100 feet from the top of the bluff. 9. All roof drainage and surface water from this site shall be directed away from the bluff and retained in dry well (s)on this property. 10. Hay bales shall be placed at 45 feet from the top of the bluff for the entirewidth of the property; Re-grading activities shall be limited to that applied for and referred to on Architect's site plan dated August 5, 2000. 11. No further bluff setback reduction. 12. The foundation over-cut shall not extend more than 15 feet around the house and no closer than 55 feet from the top of the bluff. filo land disturbance, other than limited excavating for French drains to catch water runoff and recommended by the Town Trustees. 13.The areas located within 70 feet of the bluff around the pool and north of the house areas shall remain as vegetated ground cover(lawn or other vegetation). 14.That there be no heavy machinery or heavy equipment within 50 feet of the top of the bluff. This Action does not grant or create any nonconforming use, nor does this action encourage a certificate of occupancy, or any use or building in violation of the zoning code, whether such uses exist at the time of this determination or otherwise. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Collins, and Horning. (Absent due to illness was Member Tortora.) This Resolution was duly adopted (4-0). RECEIVED AND FILED B THE SOUTHUD TO'rid CLL�K Approved for Filing DATE f�dHOUR/d;ia pm Town erk, Tovm SURVEY OF m I Y SITUATE: SOUTHOLD TOWN: SOUTHOLD SUFFOLK COUNTY, WL 4-- {I/� WE . SURVEYED 12-I-9a �U E 1 AMENDED 12-50-99, w 1-25 00,5-29.00, 06-01-00,12-08-2000, ' 05-30-01,07-13-01 ',SUFFOLK COUNTY TAX _ zea•x' 1000-51-1-3 SUFFOLK GOUMY HEALTH DEPTy _ , REF. ° _ ____ ____ _ 5EPTIGDETAIL noL to scale (1wp/l _ uF d'Pn'�'_ ♦ � "m Y rmcr 91.1 91A �• Tes�-Hole O- 09 Yo° Go \C0 60 -- ---- ` - s� e ` --------------- ----- VA 1 — 1 AA fD 3 /` •�� om!��\ego , NOTES ® MONUMENT �•'�•, .a �. �• p PIPE ELEVATIONS REFER TO M5L NGVD'29 j a „ _ FLOOD ZONE INFORMATION TAKEN FROM FIRM PANEL 3610560158,MAY 4 19x8 JOHN C. EHLERS L&TD SURVEYOR AREA=85,802 OR 19-7 AGRE5s n r l 6 EAST MAIN STREET \ N.Y.S.LIC.N0.50202 GRAPHIC,5GALE I"= 50' - RIVERHEAD,N Y.11901 369-8288 Fax 369-5287 REF.-HPSERVERID\PR0S\99-285K I� ��ts55 �Sotrl�Yiow�re.s�oc��d � 2 - -Pit lei /fpr- W f umd. -If at : U /Vo i 9 o i J q� � -*-72Q _ CHECK BOXES AS COMPLETED ( P ( ) Tape this form to outsid. ( ) Puli-ZBA copy of ND ( } Check-file boxes for prio oa m o, a ( } Assign next number on I ,�� R t, outside of file folder ( } Date stamp entire origir . file number 3 o w m ' V V ( } Hole punch entire origit ' _. o 0 z Z0 � o (before sending to T.C,) A , 3 o n m m N a a c o = ( ) Create new index card ao o S .=. ( ] Print contact info &tap z v a v ! ( ) Prepare transmittal to" -< o �• c..•: ( ) Send original applicatio 3 w D r' CL to Town Clerk o ( ) OD Note inside file folder v '`=' ✓ . and tape to inside of fc ; M ( ) Copy County Tax Map; � neighbors and AG lots 0CD Make 7 copies and put — i- ( ) Do mailing label V _ N 1 +o kitf — 1 a/a f/i? Ltr6-- BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson 0�SO(/jyo 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location:, Eric Dantes v, Town Annex/First Floor, Robert Lehnert,Jr. SOC 54375 Main Road(at Youngs Avenue) Nicholas Planamento Ol�C0�1 Southold,NY 11971 httpJ/southoldtownny.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLDa- Tel.(631)765-1809-Fax(631)765-9064 MAR 2 0 2019 FINDINGS,DELIBERATIONS AND DETERMINATIO NSSoulhold 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 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 11 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 t6 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 isimpermeable 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, 1'27.32 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 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. :t 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 6267-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 6267-b(3)(b),(3). The variance grahted 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 6267-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 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of.the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law&267-b. Grant of the requested relief is the minimum action necessary and adequate to enable thg 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 welfarg 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 GRA14T the variance as applied for, and shown on the survey prepared by Nathan Taft Corwin, I1I, 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 Surveyo'r' 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 or 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/ora 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 ' ; 97241,Nickolaus SCTM No. 1000-51-1-2 Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan andlor 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/ora 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. 4' 4 Leslie,Kanes Weisman,Chairperson Approved for filing J //1/2019 r �ei M Demolish an existing,single family dwelling and construct a new single family dwelli and an accessory in-ground swimming pool;the construction notes a setbang ft from the top of bluff at its closest point,the in-ground swimming pool is ck of 2 6. ng a located in ' the side yard;following the construction there will be a total lot coverage of 22.2%. 1 ht AA Nsecmo- . l / l BOARD MEMBERS 'tOF SOUry� Southold Town Hall Leslie Kanes Weisman,Chairperson ,`O !® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Q Town Annex/First Floor, Robert Lehnert,Jr. O� ,�a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ycouffN,� Southold,NY 11971 RECEIVED http://southoldtownny.gov AM ZONING BOARD OF APPEALS ��U $ 15 TOWN OF SOUTHOLD JUL Z 4_201y� Tel.(631)765-1809•Fax(631)765-9064 �• Southold Town-Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 18,2019 ZBA FILE: #7295 NAME OF APPLICANT: Rachael Murphy PROPERTY LOCATION: 21695 Soundview Avenue, Southold,NY SCTM#1000-135-1-7 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 to A 14-25, and the Suffolk County Department of Planning issued its reply dated March 18, 2019 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 June 24. 2019. Based upon the information provided on the LWRP Consistency Assessment Form,as well as the records, it is recommended that the proposed action is INCONSISTENT with LWRP Policy Standards; and therefore, INCONSISTENT with the LWRP. However, the Board finds that the application, as amended is CONSISTENT with the recommendations of the LWRP policies and is therefore CONSISTENT with the LWRP. "The proposed single-family dwelling exceeds the maximum allowable lot coverage in an area subject to frequent coastal storms. In 2009, the Board of Trustees issued a permit for restoration of the bluff that washed-out and eroded as a result of storm damage. Policy 4.1 of the LWRP provision instructs development, other than water dependent uses, in coastal hazard areas be avoided to minimize potential loss and damage. The coordinator included the following comments and recommendations in his report: The single-family use is not a water dependent use.The construction of a single-family residence further landward than the existing structures,furthers this policy,however, it does not mitigate all risks involved With a major storm.The proposed setback from the top of the bluff is proposed at 26.1 feet where 100 feet is required. The small size of the buildable area of the parcel and proposed structure placement coupled with the increase , in lot coverage to greater that the 20 percent creates a situation in where the structures are still at risk in a highly vulnerable area. Page 2,,'July 18,2019 97295,Murphy SCTM No. 1000-135-1-7 The increase in size(percent cover)of structures is not supported. The closest setback to the CERA is 2 foot(covered porch). Historical storm events have eroded the bluff seaward of the CEHA line along the Long Island Sound shore even,when armored. The proposed location of the structure and increase in structure size in this vulnerable area is highly susceptible to damage and loss over time during times of major storms events including hurricanes. It is recommended that the proposed single-family structure is modified to meet Chapter 280 lot coverage requirements and maximize the distance from the Coastal Erosion Hazard Area to the extent practicable. In the event that action is approved verify the adequacy of the sanitary system shown on the plan. An I/A OWTS (Advanced UA Waste Water Treatment System)is recommended.. SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT: This application was referred for an evaluation and recommendation to the Suffolk County Soil and Water Conservation District. According to a report from the agency, dated May 30, 2019 which photographs of effected areas, an inspection of the property was conducted on May 22, 2019. At the time of the visit it was observed that 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 so h close inspection was not possible. There were obvious erosion issues on the bluff face,and bulkheading that needs some maintenance. It was further noted that the current dwelling rests on the coastal erosion hazard line and is approximately within 10 feet from the top of the bluff at the closest point. The plans to build a new two story home landward of the Coastal Erosion Hazard Line are appropriate for the size of the parcel. Considerations must be made to limit any further erosion on the bluff. Stormwater run-off from the roof must be captured through gutters and leaders and safely infiltrated. Additionally, since this drywell is located in the construction zone where the demolition is to take place, be sure that the structure has the proper infiltration rate and the area has not become overly, compacted during deconstruction. The same concern for the installation of the pool, again the drywell for the patio is depicted on the plans but there lacks a description of how the drywell is to be used. There is no statement that this drywell will capture pool discharge or be setup for emergency'or maintenance pool draining: No water should ever crest over the bluff. The bluff is deteriorated and requires mediation. There are stormwater. conveyance pipes directly discharging onto the bluff. This has caused significant sliding/sloughing to occur. The. bluff also severely lacks vegetation creation increased risk for failure, and will require regrading to the natural angle of repose,followed by stabilization,and revegetation. PROPERTY FACTS/DESCRIPTION: The subject property located is a conforming 44,014 square foot lot located in the R-40 Zoning District. The northerly property line measures 217 10 feet adjacent to Long Island Sound. The easterly property line measures 240.00 feet and the southerly property lines measure 148.84 feet adjacent to Soundview Avenue and the westerly property line measures 253.00 feet. Presently, there is a two-story dwelling and a two-car garage that will be demolished. There are existing stone walls and stone stairs that lead to Long Island'Sound from the top of the Bank and a concrete seawall along with wood bulkheading. All as shown on the survey map prepared by Metes and Bounds Surveying, Ralph O. Heil, L.S., last revised April 12, 2018 to indicate the Coastal Erosion Hazard Line. BASIS OF APPLICATION: Request for Variances from Article III, Sections 280-15; Article IV, Section 280-18; Article XXII, Section 280-116A(1), and the Building Inspector's February 14, 2019, Notice of Disapproval based on an application for a building permit to demolish and existing single family dwelling and construct a new single family'dwelling and an accessory in-ground pool; at; 1) proposed swimming pool located in other than the code required rear yard; 2) proposed construction is more than the code permitted maximum lot coverage of 20%; 3) proposed construction of the single family dwelling is located less than the code required 100 feet from the top of the bluff;at:21695 Soundview Avenue,(Adj.to the Long Island Sound, Southold,NY. SSCTM#1000-135-1-7. Page 3,July 18,2019 #7295,Murphy —7�7 SCTM No. 1000-135-1-7 RELIEF REQUESTED: The applicant requests variances to demolish an existing single-family dwelling and detached garage and to construct a new single-family dwelling with an attached garage and an accessory in-ground swimming pool. The relief requested is to construct the dwelling 26.1 feet from the top of the bluff where a 100 foot minimum setback is required, locate the accessory swimming pool in the side yard where accessory structures are only permitted in the rear yard or front yard for waterfront properties,and a lot coverage to 22.2%where a total maximum of 20%is allowed. AMENDED APPLICATION: During the hearing,the applicant was asked to bring the plan into more conformity with the code. The applicant on July 15,2019 submitted a survey prepared by Ralph 0.Heil,L.S., last revised July 10, 2019 which depicts an increase in the Top of the Bluff setback from 26.1 feet to 33 feet by reducing the front yard setback by 5 feet applying the "average setback" of the front yard on Soundview Avenue, in conformance with the code.The new revised survey also reduces the proposed lot coverage by decreasing the size of the attached garage (16 feet by 28 feet) and the accessory swimming pool (16 feet by 30 feet) in order to conform to the code permitted maximum lot coverage of 20%, and no longer requires a variance. The proposed pool is still in a non- conforming side yard and will require a variance ADDITIONAL INFORMATION: In 2010,the Southold Town Board of Trustees approved the Amendment to the Wetland Permit#7204 and Coastal Erosion Permit#7204C to authorize the placement of approximately 122 linear feet of 200-300 lb. toe stone and 6 foot wide gravel splash pad landward of the new bulkhead; to establish small berm landward of the top of the bank; and to stabilize backfill before planting with jute matting(anchored by toe stone)and as depicted on the revised site plan prepared by EN-Consultants,Inc.and last dated July 27,2010. Prior to that,permit and Emergency Wetlands Permit was issued by the Southold Town Board of Trustees for temporary precast concrete blocks to be place at the toe of the bluff due to storm induced collapse of the existing timber bulkhead (hurricane Sandy) in October 2009. Additionally,the applicant received a Letter of No-Jurisdiction dated May 30,2019 from the NYS Department of Environmental Conservations for proposed improvements,and advised that no work is to be done landward of the agency's jurisdictional boundary(CEHL). FINDINGS OF FACTI REASONS FOR BOARD ACTION: The zoning Board of Appeals held a public hearing on this application on July 3,2019 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(31(b)(I). Grant of the relief, as amended will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This is a residential neighborhood with waterfront homes of varying sizes that are all similarly located close to Soundview Avenue to provide maximum setbacks from the bluff. The proposed new dwelling will conform to the code permitted front yard setback by applying the "average setback" of the front yard of adjacent dwellings on Soundview Avenue. Many of the waterfront homes in the neighborhood have non-conforming bluff setbacks and in ground pools are a common amenity. The present residence is located 10 feet from the top of the bluff and within the Coastal Erosion Hazard Line—The proposed new house will be moved landward of the bluff and the Coastal Erosion Hazard line. The application has been amended to remove the need for a lot coverage variance by decreasing the size of the proposed attached garage and the size of the proposed in ground pool. 2. Town Law §267-b(3)(b)_2(_). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The proposed in ground swimming pool in the side yard, on grade, is conforming to the required side yard setbacks and avoids adverse impacts to the bluff. Given tho" i , Page 4,�July 18,2019 #7295,Murphy 1 SCTM;',No. 1000-135-1-7 reduced front yard setback to locate the new dwelling as far from the bluff as possible,there is no room to locate a pool in a code conforming front yard. The existing dwelling is only 10 feet from the top of the bluff and within the Coastal Erosion Hazard Area. The existing two-story house is 2,194 square feet with a detached garage. The proposed new two-story house will be 2,099 square feet and located outside of the Coastal Erosion Hazard area. The garage will be connected to the house. 3. Town Law X267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 67% relief from the code for the setback of the dwelling from the top of the bluff. However, the buildable area landward of the'top of the bluff on this parcel is only 20,462 square feet. The existing dwelling to be demolished is only 10 feet from the top of the bluff and within the Coastal Erosion Hazard line and the proposed setback,as amended will be substantially more conforming to the code. The location of the in-ground swimming pool is mathematically substantial,representing 100%. However, it is the only feasible location given the bluff and front yard setbacks. 4. Town Law $267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. The new house will be constructed to new energy code and hurricane code standards with proper drainage and an updated IA sanitary system. 5. Town Law§267-b 3)(b)(5 The difficulty has not been self-created. The same family has owned this property prior-to changes or adoption of waterfront regulations and the current bulk schedule. The amended application is proposing to increase the degree of code conformance of all proposed new structures on the subject property. 6. Town Law2� Grant the requested relief is the minimum action necessary and adequate minimum action to enable the applicant to enjoy the benefit of a demolishing the existing home and accessory garage and building a new dwelling with an in ground swimming pool while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Acampora, seconded by Member Planamento, and duly carried,to GRANT the variances as AMENDED and shown on the revised survey map prepared by Metes and Bound$ Surveying, Ralph O. Heil,LS,and last revised July 10,2019. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall submit revised architectural elevations and floor plans per the amended application. 2. The applicant shall address SC Soil & Water District concerns relating to Stormwater Management and comply with Chapter 236 of the Town's Storm Water Management Code 3. The applicant shall address concerns by SC Soil and Water District relating to bluff erosion and apply methods for r-evegetation and stabilization of the bluff. 4. The applicant shall install an Advanced UA Waste Water treatment system as approved by the Suffolk County Department of Health Services. 5. The applicants shall obtain approvals by the Southold Town Board of Trustees as/if required. 6. Swimming Pool Conditions: a. Pool mechanicals shall be placed in a sound deadening enclosure. b. Drywell for pool de-watering shall be installed. Page 5,'July 18,2019 77 #7295,Murphy SCTM No. 1000-135-1-7 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 apossible 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. 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 Acampora.(4-0)(Member Lehnert Absent) s to Kanes Weisman Chairperson Approved for filing /4� /2019 --S URVLi' 1 LOT COVERAGE CALCULATION$ landward to top of bank PROPERTY (area = 20,462 SF) SITUATE PROPOSED VILLAGE OF SOLTHOLD kcCclVEb OVERAGE BREAKDOWN TOWN OF SOUTHOLD HOUSE = 2,099 SF = SUFFOLK COUNTY, NEW YORK GARAGE 416 SF I UL 1 5_2019 COVERED PORCH = 1,100 SF S.C. TAX No. 1000-135-01-07 X91 POOL = 480 SF SCALE 1"=30' Zoning 8aa;d of Appeals TOTAL COVERAGE = 4,095 SF I OCTOBER 18, 2017 4,095 SF / 20,462 SF = .200 ; MARCH 30, 2018 — ADD PROPOSED HOUSE ' APRIL 12, 2018 — ADD COASTAL EROSION HAZARD LINE q O PROPOSED LOT 2 1� ' � COVERAGE = 20.0% (conforms) SEPTEMBER 25, 2018 — ADD ATTACHED GARAGE landward to top of bank JANUARY 23, 2019 — MISC. REVISIONS JULY 10, 2019 — AS PER ZBA COMMENTS �� MAP 1 ' lftl 1} 7-11A' � u OF iV., ti 1IRE°� ' 6.3' ,, V.1 °�C?� .tit t'i 'c)% SEF-I Im � r LONG ISLAND SOUND Z 9TH I GGhG _-: GONG YAWN_ _-_ _ I .._SEAWALL - 11 hf�l WA't7t ALa'IG YF1.^.G dl"�fr•EAU -_ _._ - -`,.,-1,-- __ 12 - tit: is v -_ -_ O j it _" `^ a-FIOtE Lul[S, 12 E37s_.=` - --�A�-11�(;!I-."-10__!_ _ _ � .Y'sito 14 _ _� s =tat nl'• �.. - 'G'�E:c T T.1 b:2Ni.IcAhG°N°tALf1 I r iG - `_,4 P:�..h: �1_ .e ZONE VE 16 �° _.,..••- "' • 1"'- F,,, tixocruL(aoa; .e•'"'. 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H cnael &Roct`el 3lurphti edmmnol a nw e,eaDae9—t a _ — 2.'FLOOD ZONE INFORMATION TAKEN FROM: CERTIFIED t JOB NO +.?-293 FLOOD INSURANCE RATE MAP No. 3610300158 H TO DATE OCTOBER 1B, 2017 i ZONE X: BASE FLOOD ELEVATIONS DETERMINED L------ sov,�h viE� A4F 5oy"-Mo[) o?o-O-��y • �� - .Coy �'v��G'� . J 64v -oar Ii41Ds . P�DvE� 3/Wo'- b-1 4) ofs0� W7� Office Location: �� Ty�lO Mailing Address: Town Annex/First Floor,North Fork Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O.Box 1179 Southold,NY 11971 ^a�� Southold,NY l 1971-0959 http://southoldtown.northfork.net R� ��..��f�LD -4- BOARD OF APPEALS 3 L T TOWN OF SOUTHOLD Q Tel. (631)765-1809 Fax(631)765-9064 Southold Town Clerk FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING DATE: MARCH 5, 2009 ZBA FILE# 6221 -LLOYD KAPLAN, Applicant PROPERTY LOCATION: 105 Soundview Avenue, Southold CTM 1000-50-2-3 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 September 28, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a 26,043 square foot parcel measuring 100.00 feet along Sound View Avenue to the south, variables 215.99 and 109.75 feet to the west, 96.60 feet along the Long Island Sound to the north, and variables 95.43 feet and 216.04 feet to the east. The lot is improved with a single-family house, as shown by a survey prepared by John C. Ehlers, L.S. dated August 3, 2007. BASIS OF APPLICATION: Request for Variances under Sections 280-15C and 280-124, based on the Building Inspector's amended September 2, 2008 Notice of Disapproval concerning an accessory swimming pool proposed with a front yard setback at less than the code-required minimum of 40 feet and with lot coverage exceeding the code limitation of 20% (maximum) on this buildable area of 14,679 square feet adjacent to the Long Island Sound. ADDITIONAL INFORMATION: The application on which the December 5, 2008 hearing was based called for a 16' x 32' swimming pool oriented in a north-south direction, with a front yard setback of 25 feet from Soundview Avenue: An alternative plan was submitted on February 11, 2009 calling for a 90-degree rotation of the pool, resulting in an increase in the front yard setback to 40 feet, thus eliminating the need for a front yard variance. FINDINGS OF FACT Page 2—March 5,2009 L - ZBA#6221--Lloyd Kaplan /T7 CTM 50-2-3 The Zoning Board of Appeals held a'public'hearing on this application on December 4, 2008, and February 5, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant requests a variance to allow 22.8 percent lot coverage for construction of a-swimming pool. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted,and personal inspections, the Board makes the following findings: 1. Town Law Section 267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The pool, which is on the road side, is shielded from the road by vegetation. 2. Town Law Section 267-b(3)(b)(2). The,benefit of a swimming pool cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. 3. Town Law Section 267-b(3)(b)(3). The proposed variance is not substantial. The increase in permitted lot coverage from 20% to 22.8% amounts to variance of 14%. 4. Town Law Section 267-b(3)(b)(5). The difficulty has been self-created only so far as it represents the applicant's desire to add a swimming pool on a property whose buildable area is limited by a bluff and coastal erosion hazard line to 56% of the total lot. 5. Town Law Section 267-b(3)(b)(4). No evidence has been submitted to suggest that, given the elimination of the need for a front-yard setback by re-orienting the pool, a variance in this residential community will have a significant adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law Section 267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition of a swimming pool, while preserving and protecting 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, a motion was offered by Member Simon, seconded by Member Oliva, and duly carried, to GRANT the variance as applied'for, as shown on the site survey revised February 9, 2009 by John C. Ehlers, L.S. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or Page 3—March 5, 2009 ZBA#6221—Lloyfd Kaplan `�� T( CTM 50.2-3 `� future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: ers oeh ' ger Chair an), Oliva, Simon, and Weisman. (Member Schneider abst ed.} T Re lu ' w s y adopted(4-0). D P. GOEHRI GER % HAIRMAN 3/% /2009 pproved as Applied Office Location: ok�,IaE soyo Mailing Address: Town Annex/Fust Floor,North Fork Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) G P.O.Box 1179 Southold,NY 11971 Southold,NY 11971-0959 o� COU01 ► http://southoldtown.noithforLnet BOARD OF APPEALS TOWN OF SOUTHOLD Tei.(631)765-1809 Fax(631)765-9064 March It, 2009 Mr. Lloyd Kaplan c/o Suffolk Environmental Consulting P.O. Box 2003 Bridgehampton, NY 11932 Re: ZBA File No. 6221 - Lloyd Kaplan Application Dear Mr. Kaplan: Enclosed please find a copy' of the Zoning Board of Appeals determination rendered at the Board's March 5, 2009 meeting. Please be sure to proceed in the next step through the Building Department for zoning and other reviews and/or a building permit or other document concerning your building permit application. Thank you. Very truly yours, Linda Kowalski Encl. 5-�7-- 5-019/ r A GL -iVFaGC/5 '� f;/c�9GE• 02��//loA(/J s Au i Office Location: �0��0f SU(/Tyol Mailing Address: �� O 7 Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O.Box 1179 Southold,NY 11971 • �O Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD TeL(631)765-1809 Fax(631)765-9064 FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF MAY 19, 2009 ZBA FILE#6237-GEORGE YATRAKIS,Applicant PROPERTY LOCATION: 18805 Soundview Avenue, Southold;CTM 51-1-14 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 stating that this application is considered a matter for local,determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTSIDESCRIPTION: The subject property is a nonconforming 29,118 square foot lot measuring 99.96 feet along the Long Island Sound on the north, 297.41 feet to the east, 100.00 feet to the south,,and 286.02 feet to the west. The lot is unimproved, except for the remains of a small building as shown by the July 24, 2007 survey prepared by John Metzger, L. S. BASIS OF APPLICATION: Request for Variances under Sections 280-15C and 280-116A(1), based on the applicant's amended application and the Building Inspector's July 7, 2008 amended Notice of Disapproval, further amended October 8, 2008, March 27, 20009, and April 3,2009,concerning a proposed dwelling with trellis addition and swimming pool constructed at less than a minimum of 100 feet from the top of the bluff adjacent to the L.I. Sound. AMENDED APPLICATION: An amended surveyor map dated April 3, 2009, prepared by John T. Metzger, L.S. was submitted, increasing the proposed setback from the top of the bluff from 62 feet to 90 feet for the house and from 32 feet to 75 feet for the pool. LWRP DETERMINATION: A Letter to the Board of Appeals from Mark Terry, LWRP Coordinator, was received on January 8, 2009, reporting a finding of inconsistency under Chapter 268, Waterfront Consistency Review of the Town of Southold Code, and Local Waterfront Revitalization Program (LWRP) standards.The letter noted that the distance from the bluff for the trellis,swimming pool, and residence (12 Page 2—May 19,2009 ZBA FILE##6237—George Yatrakis CTM 1000-51-1-14 feet, 32 feet, and 62,feet, respectively) were less than the minimum code required setback, The amended application, in accordance with the LWRP Coordinator's recommendations, mitigates the original proposal with respect to the setbacks for the dwelling and swimming pool. A letter was also received on January 5, 2009 from the County of Suffolk Soil and Water Conservation District signed by Nicole Spinelli, District Technician, recommending the installation of a berm at the top of the bluff, with a dry well to prevent runoff from flowing over the edge of the bluff, and that irrigation be kept to a minimum to minimize excess weight and stress on the bluff. FINDINGS OF FACT The Zoning Board of Appeals held public hearings on this application on January 8, 2009,and April 23, 2009, at which times written and oral evidence were presented. Based upon all testimony,documentation, personal inspection of the property, and other evidence, the Zoning Board finds the_ following facts to be true arid relevant: AREA VARIANCE-RELIEF REQUESTED: The applicant requests a variance to allow construction of a new dwelling 90 feet from the top of the bluff, a swimming pool 75 feet from the top of the bluff,and a trellis 12 feet from the top of the bluff in place of the existing remains of a shed.. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law Section 267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, if the pre-existing shed is removed and no trellis is constructed in that location. The placement on the lot of the dwelling and swimming pool will be consistent with that of neighboring structures. 2. Town Law Section 267-b(3)(b)(2). The benefit of a dwelling and swimming pool where none exists cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Placement of the house and pool at a reasonable distance from bluff would require a variance for setback from the road. 3. Town Law Section 267-b(3)(b)(3). The proposed variance is not substantial with respect to the house and swimming pool, for which 10 percent and 25 percent relief from code-required 100 feet are requested, A setback variance that would allow a 12-foot setback for the trellis is substantial. 4. Town Law Section 267-b(3)(b)(5). The difficulty has been self-created so far as the applicant proposes to build a new house with nonconforming setbacks. 5. Town Law Section 267-b(3)(b)(4). Evidence has been submitted to suggest that, because of the fragility of the bluff, a variance in this community may have an adverse impact on the physical or environmental conditions in the neighborhood. This*evidence has been considered in comparison with the placement of neighboring houses, and in the light of the amendments to this application. Page 3—May 19,2009 ZBA FILE##6237—George Yatrakis CTM 1000-51-1-14 l 6. Town Law Section 267-b. Grant of the variance relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of the new construction, 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, a motion was offered by Member Simon, seconded by Chairman Goehringer, and duly carried,to DENY the variance for the trellis, and to GRANT the variances for the dwelling and swimming pool, as shown on the amended survey map dated April 3,2009, prepared by John T. Metzger, L.S.subject to the following CONDITIONS: 1. As stated in the December 11, 2008 letter submitted from the County of Suffolk Soil and Water Conservation District, the applicant shall arrange for proper installation of a berm (with permit authorizations issued by other agencies as may be required by code provisions) located at the top of the bluff with a drywell to prevent runoff from flowing over the edge of the bluff. Every drywell should be installed deeper than any existing clay lenses'in the soil profile to the extent reasonably practical to minimize the risk of groundwater seepage out towards the bluff face and subsequent erosion. Irrigation shall be kept to a minimum. (See attached copy of the above-referenced December 11,2008 letter). 2. Installation of a dry well in a location at least 75 feet from the top of the bluff or at the sides of the dwelling (subject to the Town of Southold Storm Water Drainage Code standards) to prevent runoff from flowing over the edge of the bluff, no debris of any kind shall be discarded on the bluff face. 3. Removal of remains of building. 4. No trellis is permitted. The above conditions shall be written into the Building Inspector's Certificate of Occupancy,when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on'the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code.This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimus in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Go ' ger(Chai n), 0' i on and neider. (Absent was Member Weisman). This Resolution was duly opted(4-0). �- P RECEIVED _GE GOEHRINGER,CF AIRMAN 5/24/2009 JUN " 2 2009 outhoW Town Cleat N SCDHS RI R10707--0099 � � SURVEY OF PROPERTY AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, My 1000-51-01-14 SCALK 1'=30' LOT COVERAGE LONG ISLAND SOUND ,Aug. 24, 2007 AREA HOUSE 8 GARAGE"2259 sq.11. Aug.10,2007(adolNonsJ 512 5 11 ANY u AUG. 28,2007(TOPO) POOL 2771 sq-11 YLANpS ept1N0 AUG. 31, Z007(CERTIFICATIONS) AREA To coasraL EROSION Haz.�iRO ��L>r�� 99.96' Nor-rs 2ao7[r,%rnJrull) LAVE"19,243 sq-11. FARM.t N86 18'10"E ��zq2�KA t P¢or N E) 277!/!9243 " 14.4% AF — — Fm.2I,2008 REVSA;VVsi nr urt_- -_--- _4 Feb�y 70o6(lnlb'h/fr✓ oJ ROOF RUNOFF r _ _- -- - - MOR re,zoos Berl:ra a HSE 8 GAR -2259 sq.1L Ma 7 zoos rrerlslonsl 2259 .1 x OJT"384 c8.11. -_- zI6200r8 1 onsr 384/28.3-14 VF -_ - -a JUNE lo,2006 Ge»SIOf:1 PROVIDE 3 DRYWELLS 6'0 x 5'Deep ___ - ,HAVE 12,2008 ,_- J7.[Y 30 2008 frer+c%ns1 _.e Aug.6,1008 fblar/j Aug 26,ZOOS(garage' SEPT.I7,2008 IREVISlONI MARCH 26,2009 1R£V/SIOAV -. AREA TO BE REVEGETATFA TO 8E 9:�:<�-_ - - __.. --_=- r ANDEGETAT'ED 26 WITH APpRDVFD METHODS - - - -_- -- -_--- m�ayg {� t AND SPL{'ES APPROX 2000 SOFT. 1 _-__ _-_ I I= -Angio aer ? LL " GdJ + NO FILL REOUIR£D —Z-_f _- - WALL-_ - AN EXCAVATION FOR POOL,HOUSE,6 DRIVEWAY CERTIF/ED TOS o (L 31 GEORGE YATRAKIS MARIA YATRAXIS LAWYERS TITLE INSURANL'E COASTAL EROSfON rt - - _ _ - a.52, rE- G/ty CORPORATION HAZARD� — a2r remwco<r A"F10 4r- - - G42EW 0-#0-ar 9ise:= 541� r fb f�ern,s Y Of OL - o N r blas 1 reOc� IL ssFK AA m�• "( Ax ar c rx csas IF so J J y C< aw msnr rAra roe'a• - O u 10` �_ O[ v u _J- SAW I41ER '-1•LY propos:+' Y� D m Poc/ ,- /5 er O19-05AL SYS1fW 3 RPMEY _ nC - LEAMM POOL Id•!S DEEP > rTH a•CLEAN sAAD COLLAR e MOIF POOL 7-Iwo GAL./RECAST sWT1C TAM( GA- ur¢Irr v m CROSS SECWN A is/ PrOP lIF 20 '" SEPM SYSTM 0 1£ -" n ,oar A-- Ila / TEST HOLE DATA o MrDONALD GEOSCIENCE E 7/20107 DAM ernes rAW a I wa 23 4 s GO r --- eAow aAm swo 5c 54 AWW oaier S"ref cues 0I sc p a 14 $ --- � xa rzsr r CA o AI 11500' ast a a'c' nor D amnw awrcrSAW sc war N8770'00"WcL ss5 e 100.00' - e0cr a PA-1 UM"Y M, rAaa error+/oE ro�[n1rAl sAro sa' BAP Q_U9, RSVIEWE� BY ZBA M III N 9110•/nK ro Ya/I SMO 9 SOUND V n'AVENUK SEE DECISION 0 TOP OF KWF ESTABLISHM BY OTTERS ELEVA71014S REFERENCED 70 N.GV.D. DATED 5-11 i daO 1 am fambi,,r with the STANDARDS FOR APPROVAL ' �X AND CONS7RUC7101V OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES and will abide by the conditions set forth therein and on the ' permit to construct. (VACANT) The locatrpn of wells and cesspools shown hereon are NO CESSPOOLS WITHIN 1 ' from,field observations and or from data obtained from others. I50' r �Y. UC. NO. 4961B f ANY ECTIoN 720 OR ADI 10 1(As rAIr EY Is A xarAW AREA = 29,118 s Il. to lie line G ;:C�za=Fvw/POFAL.7EF 7209 R TH£NEw O 0( SI iR mUCAnav LA77 q• (6 (6J1) 765-1797G(CEPT AS PER SEL"AON 7209-SUUNVISd1/2 Alt mrrrTCAnaNs COASTAL EROSION HAZARD LINE FROM P O I�jo HEREON ARE VALID 1110R,WAIS MAP AND COPIES 1HEREOF ONLY IF COASTAL EROSION HAZARD MAP , s COPES BEAR HE MIRES=� s>fAL //IE SURWrua PHOTO#55-.578-83 SOUTHOLD. N.Y 11971 T 07--170 mom awr AIIe11NIR '2 ja G IS UUND cr eW LUN O®w ROIX IlSF11BR ' OR 1m01l0RWG 1IPOFOOY�. t$ Io® 2.03 l� A A t u*jNe M e 101 W WOOL I6.YE11EM WOAI®IfA! CONSW=OF DOULOM'W OF 2A 700A Pffi LOWL FOUr NM aWOa�io�iQ a ilwWMN aWOAlO mom or�O m - Og WMAL Mm FOR aOM 0 , g I PROPQSm EIF9i 00N1 WF O7®IOB OF{'YC IR9411 FUOrOIeI. 4'd�IVI.490'Plgieml,4901' 91PDR 49011 PIAIOIOG 19tH'6IkPl. {90I Psvm m A9RAD JOY 011WI000E WP➢m 0 W x WL9m WL m OMN art e m 6 ua ooaa�su s Puu=W s.NN=ont�aw WSLW�an Aaa arr Ww a a .r., .•. $ Emm"m LK NnP6w r1R U,7s-Omlf�,.7��1.1RtlO! ' • ••:r•• a !PPM ItO DW®6 wW etr►eOsaiOn�(M�aouos— •;�'•' 1 @ %quEo 1 AM WAM 1 m° mmi°m mHrdam � 1 Waalumaa sum a,- so ae6 ' 1 1 ` 6e so 66 66 _� 84 7 0 e 1 M l :, lir IOWO<IN NOTES: , 1. IAT AREA: 29,331 S.F. / 0.673 ACRES 1 2. PORTIONS OF PLAN FROM SURVEY PREPARED BY: , METES AND BOUNDS SURVEYING 53 PROBST DRIVE, SHIRLEY NY 11957 1 SURVEY LATEST DATED NOVEMBER 19, 2019 PREPARED BY: PROPERTY OWNER: 1 JEFFREY PATANJO ADF VENTURES LLC P.O. BOX 582 138 OREGON AVE 1 BOHEMIA, NY 11716 MEDFORD, NY 11763 11 631-484-9332 JJPATANJO®GMNLCOM, , �tG '" ,+p Proposed Pmnit Plans 4' 9-20-20 PROPOSED PLAN 11-1z-7-20-2o 12-12-20 1=14-21 17877 SOUNDVIRW AVBAIUE 1-20-21 SOUTHOLR TOWN OF SOUTHOLD 2-7-21 SUFFOLK COUNTY, NY 3-26_-21 TAX YAP NO 1000-5f-01-04 _ G'i e ei' 6 e - TEST HOLE DATA NOTES TEST HOLE DUG BY McpONAID O aEN F ON AUGUST 26,2005 ��ii�p"`1 1. ELEVATIONS ARE REFERENCED ._ ..A V.D. 1988 DATUM el 5D 1310'ROWN D' EXISTING ELEVATIONS ARE SHOWN THUS; ARK BROWN SILTY LOAM(OL) - 10' AW 112019 SURVEY OF ALE BROWN SANDY SILT(ML) _ PROPERTY I SILTY SAND(ML) I'r. - _r'f YF,I _ p SITUATE 360 'SOUTHOLD ROWN FINE TO L s0� TOWN 0FH-SOUTHOLD OARSE SAND(SW) A 1p8g9 SUFFOLK COUNTY, NEW YORK 3 AST S.C. TAX NO`.- 1 000-51-01-04 A P 0f ,.ss •/ ° Lp SCALE,1`,r-50' MARCH'i 26, 2019 66UTT'ALL - a B00 ° JULY -1, 2019 - 'ADD HOUSE & SEPTIC a ?✓' '� '° AUGUST 7, 2019 - AS PER, SCDHS COMMENTS ll ✓' AREA = 29,331.8 sq. ff. LA -0,673 ac_ ' ✓: �° HWSE CLEANOUT TO GRADE- ✓_ BF, � SEE DETAIL - - FlNISN CRADF -- —� /FlMSHED GRADE AST IRON EQVER ELEV 575' a° ELEV 580 To GRADE' ., Z / WA1 5 N,/4rl m0N TOP EL 56 a' -.--i'MIN it jM1^N MI 6? TOP EL 57 D 6' NM 4'IIIA q J•SAN �_ A F• INV EL APPNOVED PIPE APPROVED IP * COLLAR ba ..a„ �� 56 S mM PITCx V+'/1 ,6•Im+ mla'PITCH 1/6'/1•- NV EL 554 /- " FLOW BAFFLE NV-El-56NV EL: GROUNDWATER -T. 115 �11.1 - 1% X�AVR150D GAL 9'DIAN16'U L SOT EL 400 SEP IN; LEACTING `OR J pN1T 1 l iF 1`v TANK POOL T' �`1.�, \W.[v��.,'7' L: '• Bp pR YEP`�7,NA, LL PROPOSED SEPTIC SYSTEM DETAIL p H GAAY•'w©. T'Pl�•'a MEET „"tER� _ MOT TO`SGALE)- > �Y N 60 SETH a BMI ARA EICHLER PROVED IP{; 1.r C2D:h:^E I°(rTH 6 r1RQ OF ;iEi•1L=V;I D Tarru`-IULATMN I:JATED Mtc )MARA JONES - DWELLING 5 �y1� y_ M,AUJSTER ` ' OP D - 1J i I✓��J (1�5 DWELLING z 5§ 1 P STBit'� ; 66 kr �� -��,� `R'ETAINI'a�W�A_ DETAIL S B e6A-D Y e ti- r T1 , o ,y I., T Y1epil6 WAY E 41I M"C V r' iEINLSHEO�CRAOE f— 1 d 570 O- tel- � 1 /P•PO EJB \ I oP0'3�Y''AtFP�NDT L.L�.4�V�E�,N T-' � - BD' L 66 PRb'04D PR�TEO ViW DW,EADdAt4NT To PL ` ' O 66- 6o'O " • WPSET'o 4,000 Ppsl�ou d concrete N°5 REBAR �� I'd 1`_• t= i"f�J i jt.- rn 10 ----�---- - - N .r n d ioot�°g ale'ac Sanitmy Syc,ier S LLA to UE I11Sf2 ilk�'(1 or a,(71%,% o x,5 ROAR FINISHED CRADE v 6 ,� ;1 �,0 6`E 9.16'0 G r VARIES P ��\7y �P GRFALA W ME116NTI p• 5J0 10.7 gaVEW O WAC SYS ODNG �r id R � sEPnc smw SIDE-, PS��•rtg 69, `\7 m�Y 64 � rn �:� �. W>r� fi0�� ze. q4' 4 k N°'5 REBAR a 1e' NGINEER'GCF-FaRCPJION F_nUi' '-;1 I. C A IO") I ,ue. T P.E.0 1 i. t';.d',IrI;.,TIDN ' o fia J x ' y ,,�TI//,(��ppwo ®v 3s jb OF_1�� 1+J ,nI ORtdi VU Y111Vi V f�. ® 5098* � q F Ol a 5 R®AR 0 W 01 FoRFmum-A'PPROVA, . Us1 F N/DAF MICAH&GAYLE CRANE KAPL N D WELLING a _ _ 1 - ytup: --_-P�.Er — SUr'POLK CnLINTY DEiaAFI TMxMT OF HEALT(7 p>PCYK0 r a&6J11A' J&lp PERMIT f7or7 APFFtOVASL OF CONSTRIIr.4!0T Fort A iJEL; FAI91•.'R_R`!{)ct,ca ONLY � co O __ ' I II— CL _- `oL7 1, IG- C a® ,>rrc9A—x0 swP[Ci re REN2 UR TRAr- w, DATE.----"��!�' , h{` 1 1 on, � o,< 11-1 DEVIL A ^fE„�” N Nl.RHS RD6wlI-A-fi roe MH65 AIR.RRAI['9 IS NR Irt[aRN BSM ontm al/EnMRER6N AVP,Rowm- yi _ o a7.zs 46�D — PDF;V'dA I6.Lim or* Fd�aF:c" „E1w" „� BAs FIGURE 8 4714 "" Ics CLEANOUT DETAIL EXPIRF3 THt__E YEARS FROND DATE OF APPR VA °" g690 00 .�.� Vv'ELL LAND LAITEE,.3I�MUST BE SHOWIS ON FINAL SLTRVEY SCOw 9d 0` ` U"p� xoE LD in@s AUD ERsiNYaANY U 9JRSVHfA[C U1N11E9 Aw/aR SIMICN05 NOT REAdLY N59tE ME NDT fFRIYIN '30 1� 'w dA�m[°iMd wn m°H METES AND BOUNDS SURVEYING 53 PROBST DRIVE SHIRLEY, NY 11967 PHONE(516)972-5812 9Oi 4 surY ydude@oplonLne net •C.qN> u.slq.a a up°R.•r mm RR1 mmdd.,�n•mR�gby ot ft w, TEST TEST WELL LOTS oa - BLOCK Ot SECTION 51 ' DISTRICT 1000 ;. � F+^^••^^`""'"'•sw>' N®edme.aU �'blaR Nde el Prvvlke N Lard Suray> { - ® GONG MON. FOUND MAP OF u 1b y eM x�.m s•I.A..aau..d' Prelr>�>bM l�Sm,�y I Sold UTILITY POLE SITUATED AT SW THGLO TOWN OF SOUTHOLD,SUFFOLK CO,NY e'a,mr i".w.Ye^.P.' R•••^•^^`•' aQ WELL% c.e�+l�a�•hr%...i`vPHem.1. 1 I s.,n.,R„.I.....• 69 PROPOSED GRADE FCl-FTDJOB NO 79-169 DATE MARCH 26,2019 C "'1 TES: 1. ELEVATIONS ARE REFERENCED, .A.V.D. 1988 DATUM EXISTING ELEVATIONS ARE =.:..1N THUS: ,1110 $ D SURVEY OF 'g9 PROPERTY 745 All" V_ fes`� N - s"0^'d<155 SITUATE ,x,11 C SOUTHOLD in TOWN OF SOUTHOLD Z SUFFOLK COUNTY, NEW YORK w S.C. TAX No. 1000-51-01-04 SCALE 1"=50' MARCH 26, 2019 4 MARCH 6, 2020 FOUNDATION LOCATION NO 00 WIL DECEMBER 23, 2020 FINAL SURVEY 5249 6 46, DECEMBER 29, 2020 ADD PROPOSED POOL 3 6f' JANUARY 14, 2021 ADD POOL FENCE JANUARY 26,' 2021 POOL CROSS-SECTION xAxAlm Tec tL ity I 1 It it f 4mSs7'N N 0/F h SICHLen 1�-`,ai��m a -;X' 62`1 ttv�y,n AREA = 29,331.8 sq. ft. ��,d t a �l 6 'n; -ml` 0.673 ac. 60{�¢ ; \:; 7,C�p.,ri' 1611 ;t1 r 61.3E 11 I 599 _ GUNITE POOL 16'•32' RECTANGLE �,pm•b POOL CROSS SECTION A,DETAILS_ 62.91fE N �•� t�V .wf G '1bT 7 A caw WilSAW - t 2.99 A- 2 '1517 979 Y 1,p11 of w�Y W R t R T+ 3r O o • 6w•r'•_ �if.U'�.''r�w_F1pSAu'� i0.Y sUR wNJ. 4 �^.. . G saw_ 6 t 6 TNS yrrAt W ylae wil- tamed p '1 t�God- 56 13 17Y mON1E,Ewmi • 0 N if5 3S Na4� ' dA p� 7 6 1 tt YwNt•� 54 7 „•0.6[ � IPEltall ,y S IIEAIO Cl 33.64 �•;ara4vLwA Gs omlx l,,PN � �OP\W so71 57.76 aw8 3 29.5 ,`t 5 o as Arra-viii w a • 1()0.69 ® � torula_la000 APPRp1L rx ' Z J O • W c ANCAN d GAOYLR CRANE 61.24 KAPLAN 5098 N/0/R 4 NICNARL R d BARBARA JONES 8333 A/ULLFsm ,e 4670 b C 47_29 4 �N•art i O TC947.14 V1^•' 6CS4645 L} 4690 1 I4, 3t�'O }I r f�(w4An°'%Q0.006:5 1X4`1 Ct IOl Id.CAT t�L wa aR1.m S METES AND BOUNDS SURVEYING :•,.;,,,,Y..: ;r 53 PROBST DRNE -_ SHIRLEY. NY 11967 PHONE(516)972-5612 wrwydude0optoNin—t -c.p..•e•„u.>q�a•.,..,..,•.,o qm LOTS: D4 BLOCK: 01 SECTION:51 DISTRICT:1000 TEST WELL MAP OF: CONC. MON. FOUND SITUATED AT- SOUTHOLD TONN OF SOUTHOLD.SUFFOLK CO..NY. a +a.UTILITY POLE _ ® WELL CERTIFlED JOB b'N0. 79-1(i9F TO DATE JANUARY 26.2021 SUR\;—=Y OF PROPEF _ N 151 f UATE: WU MOL D TOWN: 50Vn4oLD 5UFFOLK COUNTY, NY SURVEYED 03-I>-2005 SUFFOLK COUNTY TAX u .S O� J 1000-51-1-4 CE11HUD TO: VIVIAN12MERMYER ASPASIA ISRAFIL 1 2l +D i ' W , AO 1 - b- pe x"4-'1. '-9 �`"•�;..�,,�� + o . 1 •_ � � 4 "il'v CL >J Z j 3 y�j CS U3 60 �' S �n W O z 1 p 0ic r 1 P!•T.O 3 � u a ov r oJ'lJ� cn a 3fe ,1 NOTE51 ■ MONUMENT O PIPE PROPERTY LIE5 IN ZONING D15TRICT R- b0 ��a:•� w"`^^+ ...�.o ,..e_ JOHN C. EHLERS LAND SURVEYOR AREA = 36,395 5F OR 0,b4 AGRE5 6 EAST MAIN STREET N.Y.S.LIC NO,5020'? i GRAPHIC, SCALE I.. 50' M RWERHEAD,N.Y.11901 �_ a e;��•, a 369-8288 Fax 369-8287 REF.11Hp serverld\FROS103-314.pro BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O��®� S®(/ryol 53095 Main Road•P.O.Box 1179 O Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes va ac Town Annex/First Floor, Robert Lehnert,Jr. • �Q 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoIyCOUNT`I Southold,NY 11971 9 http://southoldtowimy.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD January 27, 2021 Tel.(631)765-1809 •Fax(631)765-9064 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 #: 7475 Owner/Applicant: ADF Ventures LLC Action Requested: construct an inground swimming pool Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA C i pe on By: Encls. Survey/Site Plan: Metes and Bounds Surveying, dated January 26, 2021 ti BOARD MEMBERSu Southold Town Hall Leslie Kanes Weisman,Chairperson �*�F SOriy0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CA Town Annex/First Floor, Robert Lehnert,Jr. • �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento oli,'C�U Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS — - -- ----- ----:- ------- - - - - -.---TOWN-OF-SOUTHOL-D------------ - - - - -------- Tel. -----Tel.(631)765-1809 Fax(631)765-9064 RECEIVED January 21, 2021 { JAN 2 9 2021 Mark Terry, Principal Planner out io d Town Planning Board LVW,Coordinator Planning Board Office Town,of Southold° Town Hall Annex Southold,NY 11971, Re: ZBA File Ref.No. #7475 ADF Ventures LLC Dear Mark: We have received an application to'construct an in-ground swimming pool:. A copy of the Building Inspector's'Not.ice,of Disapproval,ui rider Chapter 280 (Zoning.Codo), and survey map,-project'deseription form;are attached for your reference, Your written evaluation with recommendations for this proposal; as required under the Code procedures sof L'WRP Section 268-5D,is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairp rson By: Encl. Survey/Site plan: Metes and Bounds Surveying, dated January 26, 2021 BOARD MEMBERS ' - Southold Town Hall O�OF$�Uryl 53095 Main Road•P.O.Box 1179 Leslie Kanes Weisman,Chairperson y> Q p Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes CA Town Annex/First Floor, Robert Lehnert,Jr. G'�c► ,�a�� 54375 Main Road(at Youngs Avenue) Nicholas Planamento 27.1COU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS -----------------------------------------------TOWN OF-SOOTHOL ---------------------- - -- ------ ---------------------- January 27, 2021 Tel.(631)765-1809•Fax(631)765-9064 Suffolk County Soil.and Water Conservation District Attn: Corey Humphrey 423 Griffin_g Ave., Suite' 110 Riverhead, New York 11901 Re: ZBA# 7475 —ADF Ventures LLC Dear Sir or Madam: We have received an application to construct an in�ground, swimming pool, shown Qn the enclosed survey: 'The hearing on this application is .expected to-, be held in approximately four weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map.. May vue ask for your assistance. in an evaluation and recommendations for this,proposal. Thank you for your assistance. Very truly yours, Leslie K. Weisman Chairperson Encls. Survey/Site Plan: Metes and Bounds-Surveying, dated January 26, 2021 BOARD MEMBERS o�*OF SO 01 Southold Town Hall Leslie Kanes Weisman,Chairperson '` O 53095 Main Road •P.O.Box 1179 .� Southold,NY 11971-0959 Patricia Acampora T Q Office Location: Eric Dantes �O Town Annex/First Floor, Robert Lehnert,Jr. l 54375 Main Road(at Youngs Avenue) Nicholas Planamento yCOU yI Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 April 21, 2021 ' ADF Ventures, LLC 138 Oregon Avenue Medford,NY 11763 Re: ZBA—Application#7475 17877 Soundview Avenue, Southold SCTM No. 1000-51-1-4 Dear Applicant; Enclosed is a copy of the Zoning` Board's April 15, 2021 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Thank you. Sincere , Kim E. Fuentes Board Assistant Encl. cc: Building Department l 1 Revisions 04-22-98 09-15-98 03-2399 05-11-99 04-10-01 N 316,7W 07-02-01 • 0319-02 05-1 G02 08- -04 11-1010-04 03-28-05 06-22-05 07-20-05 G9-15-05 07-27-06 03-15-06 11-01-06 12-01-06 05-31-07 SEE SEC NO 130 06-18-07 09.0914 08-02-16 08-21-17 LONG y,0 Grp -- ,BZa to _ zG 1 L D.433 P.D 70 0'§ V 16 17 1 OA(.). 21 e �a a O t2 1 13 14 15 >• 72222 1 2V BC Ca �w FO AVE 51 6 m 7 SCH.D.5 _ __� A � �•� '' y '.A p nsl nes 318 4'�=— B 1 s� tai _ 12 m T P�cl 101t» 3 15 ~ 15 � 1-110 A 3 16 (» '' BUR >•+ 2 2� e 9 w'° GANDYG'rxx 32 al � � m M1 3 13 312 3 11 Q 33 52A yt4 n- am • _ PECONIC LAND TRUST,INC v r $ J�O �_ �s '�al m (CONSERVATION EASEMENT) 4 mSO 410 O 215 I,m 310 w 14A 13Plcl a 35 r 9 2 s a � ,x• m l 0CRpOP1V1A1K7R, 49 9 8 6 (p , 320 22 GA 28 R)= Y N 1 OP 233A ,n g (TOWNOFSOUTHOlD (tI 8 WE,SPP'`E 61 1 DEVELOPMENT RIGHTS) m6 y 82 30A I,I 10A am s 41 g211xo, (c4.13ou6 ~ 9-7A(c) G ,es 3Nry0 \ m E 85 C 26 o))) ps EHT 1 x 1.5A 1ON V, 39 RIGHTS) ma 36 25 To a ss Iei e, 36 100` ra " 31 t aT LL—c 84 g ~,m I 20A ojo ' R.27 31, ON ® � l J f P NORTH i s ' � ` �O'�Ntl�Mmv �—w-- �4aroi Or�tmo —�-- LNLE550PANN OlHER1MSE/LLL PRJPERUES 1 naE rV+NIN THE FOLLaVNan {I en Line FlRE n1 M/URWNT SII �— L9ntOaM Lb —L-- pugn�Ow,e Ure--p-- U.GRT 43 WE' REFUSE_ _J j --- Park Pyrc�tme —v—— LLmaler Uelrlcl4re——WN—— N.fBUIPNCE W,STEw1TEfi��1