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HomeMy WebLinkAbout7670 6a 4- vi,- Reac;kj 50 lit -sowrtiv� ) me- , 0-10 olonsfru-c+- awe 6c -i n-Or A -!;v4 1 nuTLJ, fir vevSic , (vn 3-ft- Am +Up ,Of 5?C I I ip A-L, tq C,_s t ell bus 1,�,ezvtttm, Owner: 16125 Soundview Rlty LLC File #: 7670 Address: 16125 Soundview Ave �� Code: 18RL Agent Info Martin Finnegan, Esq. P.O. Box 1452 Mattituck, NY 11952 Phone: 631-315-6070 Fax: Email: mfinnegan@northfork-legal.com Y BOARD MEMBERS ®f SO U Southold Town Hall Leslie Kanes Weisman,Chairperson �� j�� 53095 Main Road®P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento C®U{ Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS #t.,,4 6 7:0 AM TOWN OF SOUTHOLD 1 3 2022 Tel.(631) 765-1809 Lo T own erk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 6, 2022 ZBA FILE: 7670 NAME OF APPLICANT: 16125 Soundview Realty LLC PROPERTY LOCATION: 16125 Soundview Ave, Southold,NY SCTM No. 1000-50-2-19 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 farther 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 April 25, 2022 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 August 30, 2022. 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 and recommends as mitigation ; 1) require the removal and upgrade of the septic tank and cesspool to further Policies 5 & 6; 2) spin and move the pool to align with the single family structure, increasing the setback from the top of the bluff to further Policies 4 & 6. The amended plan with conditions as approved herein in this decision has considered and addressed these recommendations and therefore the Board of Appeals now finds the proposed action to be CONSISTENT with the LWRP PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 55,136 sq. ft. parcel located in an R-80 Zoning District. The property has a road frontage of 83.2 feet along Sound View Avenue, to the south, then turns northeast for approximately. 453 feet, turns northwest for 149. 87 feet towards Long Island Sound, turns 134. 67 feet northwest along Long Island Sound,then turns southeast for 167.09 feet before retuning approximately 418.80 feet back to Sound View Avenue. The property is improved with a two-story frame residence that lies 110.60 feet from the top of the bluff as shown on survey prepared by John T. Metzger, L.S. last revised May 5, 2022. BASIS OF APPLICATION: Request for a Variance from Article XXII, Section 280-116A(1) and Building Inspector's April 13, 2022 Notice of Disapproval based on an application for a permit to construct an accessory in- Page 2, October 6,2022 #7670, 16125 Soundview Realty . SCTM No. 1000-50-2-19 ground swimming pool at; 1) less than the code required 100 feet from the top of the bluff; located at 16125 Soundview Avenue, (Adj. to the Long Island Sound) Southold,NY. SCTM No. 1000-50-2-19. RELIEF REQUESTED: The applicant requests a variance for a propose in-ground accessory pool with a bluff setback of 59.3 feet where a minimum of 100 feet is required from the top of the bluff AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the Town Code. The applicant's agent submitted email correspondence dated September 9,2022 indicating that the property owners would accept the Board's suggestion to reduce the size of the proposed pool from 20 ft. x 40 ft. to 16 ft. x 32 ft. to increase the proposed bluff setback from 59.3 feet to 67.3 feet, thereby bringing the plan into more conformity with the code. ADDITIONAL INFORMATION: The Certificate of Occupancy # 25330 was issued for the one family dwelling with attached two car garage on November 10, 1997. The Board of Southold Town Trustees issued a Wetland Permit for the construction of stairs built from the top of the bluff to the beach with a series of platforms. At the public hearing,the applicant's agent explained that the proposed pool location in the rear yard was due to the fact that the existing sanitary system located in the rear yard prevents the owners from rotating the pool to be parallel to the dwelling which would increase the bluff setback. He further argued that the expense of removing and replacing the existing functioning sanitary system would be an excessive and unwarranted cost for the property owner, especially given the number of prior ZBA approvals on the subject street for other pools with non-conforming bluff setbacks. To verify this assertion the agent submitted prior ZBA decisions as follows: #4976 (August 16, 200 1)at 50 feet from top of bluff #6237 (May 19,2009), at 75 feet from top of bluff #6750 (June 19, 2014) at 75-foot bluff setback #7295 (July 18, 2019)at 33 feet bluff setback for a single-family dwelling with a pool in the side yard #7304 (December 19, 2019) at 65 feet to 71 feet setback from top of bluff The agent also stated that the Southold Trustees had no problem with the proposed location of the pool during their initial site visit. The agent presented letters in support of the application, and there was a neighbor to the east who spoke against the project. The hearing remained open in anticipation of an amended survey to reduce the size of the proposed pool in order to increase the bluff setback. The Board closed the hearing on September 15,2022. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 1,2022 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance as amended will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The surrounding neighborhood is characterized by waterfront homes of varying sizes with accessory structure and waterfront pools sitting less than 100 feet from the top of the bluff. The pool is proposed well away from the neighboring pool to the west,which lies substantially closer to the bluff than the proposed pool on this site.The rear yard is well screened from view by mature evergreens and will not be seen from adjacent properties or the street. 2. Town Law X267-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. Due to the location of the existing residence's set back of 110.6 feet from the bluff, and the existing sanitary system in the rear yard, there is no way to achieve a waterfront facing pool without an area variance. While a front yard location is a conforming alternative location on this J Page 3, October 6,2022 #7670, 16125 Soundview Realty SCTM No. 1000-50-2-19 waterfront property, the house sits very far back from the street and the existing stone and gravel driveway and parking area occupy the majority of the front yard leaving little to no room for a pool location without reconfiguring the driveway at great cost. 3. Town Law&267-b(3)(b)(3). The variance granted herein,as amended,is mathematically substantial,representing an approximately 33%relief from the code/) However,the pool is not a habitable structure, and will be open to the sky above. For a pool in the rear yard, it is proposed in the most conforming location, and with the amended relief, it will be more in compliance with the code. Removing the existing sanitary system would produce more of an environmental impact than leaving it in place, due to the land disturbance it would cause to the yard and the bluff. 4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance, as amended, 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 and the conditions of this board. 5. Town Law X267-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 X267-b. Grant of alternative relief, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an in-ground accessory 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 Weisman(Chairperson), and duly carried,to DENY as applied for, and GRANT THE RELIEF AS AMENDED for a pool in the rear yard with a 67.3-foot setback from the top of the bluff. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Pool pump equipmentlmechanicals must be located a minimum of 20 feet from any property line or be contained in a shed type enclosure with a lot line set back that is in conformance with the bulk schedule for accessory structures. 2. A drywell for pool de-watering shall be installed. 3. The applicant shall install a 15-foot-wide non-turf buffer along the entire top of the bluff 4. Before applying for a Building Permit,the Applicant must submit two original amended surveys stamped by a licensed land surveyor depicting the location of a 16 ft. x 32 ft. pool set back 67.3 feet from the top of the bluff; conforming locations for the pool pump equipment and drywell for pool dewatering, and a 15- foot-wide non-turf buffer as conditioned herein, 5. The amended bluff setback granted herein must be approved by the Board of Town Trustees. 6. During construction of the pool no heavy equipment shall be used or stored within 25 feet of the top of the bluff. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. { Page 4,October 6,2022 #7670, 16125 Soundview Realty SCTM No. 1000-50-2-19 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. IMPORTANT TIME LIMITS ON THIS APPROVAL 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. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman (Chairperson) Dantes, Acampora, Planamento and Lehnert. This Resolution was duly adopted (5-0) 1 Leslie Kanes Weisman, Chairperson Approved for filing ��/ 7/2022 SURVEY OF PROPERTY A T SO UTHOLD TOWN OF SO UTHOLD SUFFOLK COUNTY, NEW YORK � aQ ��P °� 1000-50-0,2-19 SCALE: 1 A=50' JANUARY 5, 2021 FEBRUARY 24, 2021 (ADD SEP77C) JULY 27, 2021 (PROPOSED POOL) MAY 5 2022 (REVISIONS do CEHL) SEPTEMBER 27, 2022 (REVISIONS) DECEMBER 22, 2022 (15' NON-TURF BUFFER) LANG, FVu!n MAP .� i ��,ED BY SEE DECISION -7 SST DA`PED t 04?0' F � Z �HF • Nw MywM 10 0e F9 J ����'! UFF 77DAL WETLANDS BOUNDARY AS DETERMINED BY SUFFOLK ENVIRONMENTAL CONSULTING, INC. ON NOVEMEBR 13. 2020 ! ;LANDILANDING 50 w/sTEPs� "� W/STEPS -`.-�. ��� LANDING •0 _. _.._�``RET.WALL_ w/STEPS 60 ��:�`��`� Zz LANDING TOP OF BLUFF\_____ `������� ` W/STEPS CEHL FEN.CDR . 3.7'w NG PAVER ; DI 7ms \ PATIO / 15 TOP OF BLUFF Aj NON—TURF IPE 45' NON—TURF �pt BUFFER DING FND. BUFFER w/STfPs 93 4' WIDE PATH ceHL tor R ho r , R OCATEDI 0 , NESTOO Qag ^ rs, v 0 0 62.4 S.F. 1ST .. <v N SPE & PAVERS PATIO, STONE STOOP V, ? ?.91 TO BE REMOVED 31 WND AVE ^`° yF& AR N T I PROPOSED 3'X6' WALL ^ AO,gC`9R 1g y• POOL EQUIPMENT PAD A,NOF Cb HELENSOGOLOFF '� /ori 0 STONE N/O/F EDWARD C BOOTH sus AND u" IIsi' its REVOCABLE TRUST FEN.END CV WELL f� i (teei mm �/10 U�0 O 1 , 1469• FEN.COR. ' 1.4W `A AVS UND MTON �s ' s.} bib\ CMF \\ ry i METAL N 41'23'20" W'<'_ - ' GATE 16.80' STONE POSTS sa JI y PIPD. KEY Q = REBAR ® = WELL �� /a�SEM TOG k ® = STAKE F9 ® TEST HOLE o _ � � `0, PIPE ( o ® = MONUMENT o = WETLAND FLAG NNO D � = U77L1 TY POLE ELEVATIONS REFERENCED TO NA VD 88 CEHL FROM COASTAL EROSION HAZARD AREA MAPS N.Y.S LIC. NO. 051132-01 AREA=55,136 SO FT. b.� N.Y S LIG. NO. 49618 ANY ALTERATION OR ADD/TION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF OR 1.2657 ACRES PECONIC URVEYORS, P.C. THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR 7HIS MAP AND COPIES ]HEREOF ONLY IF TO TIE LINE (631) 765-5020 FAX (631) 765-1797 SAID MAP OR COPIES BEAR 7HE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE P.O. BOX 909 APPEARS HEREON. SOUTHO D, MY 1 971 T 20-075 Fuentes, Kim From: Fuentes, Kim Sent: Thursday,January 26, 2023 11:44 AM To: 'Martin Finnegan' Subject: FW:ZBA#7670 -16125 Soundview Realty LLC Hi Martin, We received your letter of January 24, 2023 requesting a de minimus amendment of the above subject ZBA determination. After speaking with the Trustees and the Building Dept., it has been determined that a de minimus amendment is not required. The revised survey dated December 22, 2022 prepared by Donald J. Metzger, LS, depicting the 4 foot access path within the non turf buffer will be accepted and made part of the file. Kim E. Fuentes Board Assistant Zoning Board of Appeals Coordinator, Historic Preservation Commission 631-765-1809 kim�ic ,southoldtownny.gov Location: 54375 Main Road Mail:P.O. Box 1179 Southold, NY 11971 From: Fuentes, Kim Sent: Monday,January 23, 2023 9:15 AM To: 'Martin Finnegan' <mfinnegan@northfork.law> Subject:ZBA#7670-16125 Soundview Realty LLC Reminder: We are still waiting for amended surveys pursuant to the conditions of the above subject variance relief. Thank you. Kim E. Fuentes Board Assistant Zoning Board of Appeals Coordinator, Historic Preservation Commission F NNEGAN LAW, P.C. 13250 MAIN ROAD P.O. BOX 1452 MATTITUCK,NEW YORK 11952 (631) 315-6070 D. FI NEGAN, ESQ. F[ 1 @NORTHFOKK.LAW By Hand SAN �4.242 eats January 24, 2023 ®n,�9®°ard of PPp Ms. Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Re: ZBA #7670 - 16125 Soundview Realty LLC Premises: 16125 Soundview Avenue, Southold, NY 11971 SCTM # 1000-050.00-02.00-019.000 Dear Chairperson Weisman and Members of the Board: Enclosed please find (4) prints of the revised survey required pursuant to Condition #4 of the above-referenced Determination. Note that the survey has been further amended to allow the existing 4-foot access path to the permitted beach stairs to remain within the non-turf buffer. This amendment was approved by the Trustees and we are hereby requesting the same approval by the Zoning Board of Appeals by way of a de minimus amendment of the Determination. Kindly advise this office if you have any questions or require any further information to process this request. Thank you for your consideration. ery truly rs, Martin D. innegan MDF/as Encl. OFFICE LOCATION: h0��0f oUTyOlO MAILING ADDRESS: Town Hall Annex P.O.Box 1179 �1 54375 State Route 25 Southold,NY 11971 r. Main Rd. &Youngs Ave.) CA �r Southold,NY 11971 apQ Telephone: 631765-1938 lrouffm LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEIV E�� a To: Leslie Weisman, Chair AUG 3 0 2022 Members of the Zoning Board of Appeals eats Zoning Board of ApP From: Mark Terry, AICP Assistant Town Planning Director LWRP Coordinator Date August 30, 2022 Re: LWRP Coastal Consistency Review for ZBA 16125 SOUNDVIEW REALTY,LLC. #7670 SCTM#1000-50-2-19. 16125 SOUNDVIEW REALTY,LLC. #7670-Request for a Variance from Article XXII, Section 280-116A(1)and Building Inspector's April 13, 2022 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool at; 1) less than the code required 100 feet from the top of the bluff; located at 16125 Soundview Avenue,(Adj.to the Long Island Sound) Southold,NY. SCTM No. 1000-50-2-19. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, the proposal is recommended as CONSISTENT with the LWRP provided the following is considered: 1. Require the removal and upgrade of the septic tank and cesspool to further Policies 5 and 6. 2. Spin and move the pool to align with the single-family structure, increasing the setback from the top of the bluff to further policies 4 and 6. Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: John Burke, Acting Town Attorney SUSAN PETRIE PRINCIPAL INTERIOR DESIGNER WWW.PETRIEINTERIORDESIGNS.COM 917.721.8183 ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 3 f.-O 4 &5 �,ksn COUNTY OF SUFFOLK R ECEIVED, -J ( � 022 Y►12ik��G✓S '�@s Appeals OFFICE OF THE COUNTY EXECUTIVE a� fv� r-, d���SZ� Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Commissioner Economic Development and Planning April 25, 2022 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 Al 4-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Andriy Lototskyy #7667 4- Thedore & Carissa Stratigos #7668 h—, Roland Grant #7669x,r 16125 Soundview Realty LLC . ,17"- P Antonios Binaris #7671 Very truly yours, Sarah Lansdale Director of Planning A? l'� By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 0 (631)853-6191 FORM NO. 3 RtUIVE® TOWN OF SOUTHOLD APRM BUILDING DEPARTMENT SOUTHOLD,N.Y. ' NOTICE OF DISAPPROVAL DATE: November 30, 2021 .RENEWED: April 13,2022 TO: Martin Finnegan(16125 Soundview Realty LLC) PO Box 1452 Mattituck,NY 11952 Please take notice that your application dated November 12, 2021: For permit to: construct accessory in-ground swimming pool at: Location of property: 16125 Soundview Avenue, Southold,NY County Tax Map No. 1000—Section 50 Block 2 Lot 19 Is returned herewith and disapproved on the following grounds: The proposed construction, on this nonconforming 55,136 sq. ft. parcel in the Residential R-80, 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 survey shows the swimming pool located 59.3 feet from top of bluff. Authorized91g—nature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF A PPEAFECEIVED AREA VARIANCE House No.16125 Street SOUNDVIEW AVENUE Hamlet SOUTHOLD APR 18 2022 SCTM 1000 Section 050.00 Block 02.00 Lot(s)019.000 Lot Size 55,136SF Z:9jjp @0Board of Hppeeis I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 11/30/2021 BASED ON SURVEY/SITE PLAN DATED 01/05/2021,LAST AMENDED 07/27/2021 Owner(s): 16125 SOUNDVIEW REALTY LLC Mailing Address:50-52 49TH STREET,WOODSIDE,NY 11377 Telephone: Fax: Email: 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:MARTIN D.FINNEGAN,ESQ. for(v)Owner( )Other: Address:PO BOX 1452,13250 MAIN ROAD,MATTITUCK,NY 11952 Telephone:631-315-6070 Fax: Email:MFINNEGAN@NORTHFORK-LEGAL.COM Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (-4 Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 07/27/2021 and DENIED AN APPLICATION DATED 11/12/2021 FOR: (v Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: XXII Section: 280 Subsection:116A(1) Type of Appeal. An Appeal is made for: (J)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( )has, (%4 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 officefor assistance) Name of Owner: ZBA File# REASONS FOR APPEAL(Please be speck,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: SEE ATTACHED. RECEIVED APR 18 2022 2.The benefit sought by the applicant CANNOT be achieved by some method feasiblefo the applic t eals other than an area variance,because: Zoning o c$IRWPP SEE ATTACHED. 3.The amount of relief requested is not substantial because: SEE ATTACHED. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: SEE ATTACHED. 5.Has the alleged difficulty been self-created? {V1 Yes,or{}No Why: SEE ATTACHED. Are there any Covenants or Restrictions concerning this land? {v No {}Yes(please fiunish a copy) This is the M NDAUM that is necessary and adequate,and at the same time reserve and protect the character of the neighborhood and the health,safety and welfare of the commum Signature of Applicant o uthorized Agent (Agent must submit written Authorization from Owner) Sworn to before we this day of AMID .2072 tart'Public SCHWEITZER ANNALISE NOTARY PUBLIC•STATE OF NEW YORK NO.01SC64409457 QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES SEP 28,20 t 1 ATTACHMENT TO AREA VARIANCE APPLICATIO OF RECEIVED 16125 SOUNDVIEW REALTY LLC APR 18 2022 REASONS FOR APPEAL: Zoning Board of Appeals By way of this appeal of the Building Inspector's Notice of Disapproval of their building permit application dated November 30, 2021, the Applicant, 16125 Soundview Realty LLC and the Grzic Family are seeking a variance from the 100 foot bluff setback requirement set forth in §280-116(A)(1) of Town Code, to construct a 20' x 40' swimming pool nearly 60-feet from the Top of Bluff. The proposed location of the pool was necessitated by the existing sanitary system that lies 22-feet to the west and is the most conforming location in the rear yard. For the following reasons, the Applicant submits that a Variance from Section 280-116(A)(1) is warranted: 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The subject property is comprised of approximately 1.27 acres in the R-80 zoning district adjacent to the Long Island Sound. The property is improved with a two-story single-family home with attached garage that lies 110.6 feet from the top of the bluff. The surrounding residential neighborhood is characterized by waterfront homes of varying sizes with accessory structures, including Sound front pools, many of which lie less than 100-feet from the top of bluff. To minimize any potential impact to the integrity of the bluff and comply with required setbacks to the sanitary system in the rear yard, the pool is to be located as close as possible to the house in an area currently improved with a brick wall and patio. The property is significantly screened on both side property lines and the location of the pool is well away from the neighbors pool to the west and the residence to the east which lies substantially closer to the top of bluff. As such, the proposed pool will be consistent with the character of the neighborhood and will pose no detriment to nearby properties. 2. The benefit sought by the Applicant CANNOT be achieved by some feasible method for the applicant to pursue other than an area variance, because: Due to the location of the existing single-family residence, there is no way for the Applicant to achieve the benefit of a swimming pool without variance relief from-;the bluff setback. The h6use is positioned 110feet from the top of bluff and the..sanitary system precludes a horizontal configuration of the pool. E° V WAII 3. The amount of requested relief is not substantial because: RECEIVED The Applicant submits that while the required bluff se backAPRakffiH22 mathematically substantial at nearly 40%, it is not practically su stantial since the pool is located in the most conforming location on the proper �9 ;# ghtk(Appeals constraints of the location of the existing house and sanitary sys . 4. The variance will NOT have an adverse impact on the physical or environmental conditions in the neighborhood or district because: As stated previously, the proposed swimming pool will be positioned as close to the house as possible and be out of view of neighboring homes and pools due to mature plantings on the Applicant's side property lines. The improvements will be essentially invisible to the surrounding neighborhood. As a Type II action under SEQRA, there is no perceivable environmental impact from the proposed construction. The Town Trustees inspected the property in a pre- submission conference for the Wetlands Permit and did not indicate that the proposed pool would pose any threat to the integrity of the bluff. 5. Has the alleged difficulty been self-created? To the extent that the the difficulty is self-created, pursuant to New York Town Law §267-b (3), a self-created hardship "shall not necessarily preclude the granting of an area variance." RECEIVED ZONING BOARD OF APPEALS AUG 26202Z- TOWN 62022TOWN OF SOUTHOLD �. Zoning Board of Appeals In the Matter of the Application of 16125 SOUNDVIEW REALTY, LLC #7670 For a variance from the requirements of Sections 280-116(A)(1) of the Southold Town Code ---------------------------------------------------------X MEMORANDUM OF LAW OF APPLICANT, 16125 SOUNDVIEW REALTY, LLC, IN SUPPORT OF THE RELIEF REQUESTED FINNEGAN LAW, P.C. Attorneys for Applicant By: Martin D. Finnegan, Esq. 13250 Main Road Mattituck, New York 11952 (631) 315-6070 Dated: August 24, 2022 RECEIVED AUG 252027 STATEMENT OF FACTS Zoning Boa d fAppeals The Applicant, 16125 Soundview Realty, LLC, and the Grzic family, by way of this appeal of the Building Inspector's Notice of Disapproval of their building permit application dated November 30, 2021, are seeking a variance from the 100-foot bluff setback requirement set forth in §280-116(A)(1) of Town Code, to construct a 20'x 40' swimming pool nearly 60-feet from the Top of Bluff. The proposed location of the pool is necessitated by the existing sanitary system that lies 22-feet to the west. The pool will be placed as close to the rear of the house as possible in an area that is currently improved with a stone wall and patio. For the following reasons, the Applicant submits that a Variance from Section 280-116 is warranted. POINT I THE APPLICANT HAS MET THE TEST FOR THE GRANT OF AN AREA VARIANCE SET FORTH IN TOWN LAW §267-B Under §267-B, the Applicant must demonstrate compliance with the following standards to be eligible for the issuance of a variance: (a) whether the grant of the variance will cause an undesirable change in the character of the neighborhood or will create a detriment to nearby properties; (b) whether the benefits sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance; (c) whether the requested area variance is substantial; (d) whether the grant of the variance will have an adverse effect or impact upon the physical or environmental conditions in the neighborhood or in the affected area of the Town; and (e) whether the difficulty causing the applicant to RECEIVED AU 252022 request an area variance was self-created which74 - consideration shall be relevant to the Zoning Board of Appeals determination of the Board but shall not necessarily preclude the grant of the variance. It is respectfully submitted that under the facts and circumstances presented here, the Applicant can clearly meet the standards set forth in Town Law §267-B and as a result, the relief requested herein should be granted. 1. The Grant Of The Variance Will Not Cause An Undesirable Change In The Character Of The Neighborhood Or Create Detriment to Nearby Properties. The subject property is comprised of approximately 1.27 acres in the R- 80 zoning district adjacent to the Long Island Sound. The property is improved with a two-story single-family home with attached garage that lies 110.6-feet from the top of the bluff. The surrounding residential neighborhood is characterized by waterfront homes of varying sizes with accessory structures, including Sound-front pools, many of which lie less than 100-feet from the top of bluff. Bluff setback relief for such structures has been granted previously to many Soundview Avenue property owners (See, ZBA Determinations 4976 of 2001; 6237 of 2009; 6750 of 2014; 7295 of 2019 and 7304 of 2019). To minimize any potential impact to the integrity of the bluff and comply with required setbacks to the sanitary system in the rear yard, the pool is to be located as close as possible to the house in an area currently improved with a brick wall and patio. The property is significantly screened on both side property lines and the location of the pool is well away from the neighbor's pool to the west and the residence to the east which lies substantially.closer to the top of bluff. As such, the proposed pool will be consistent with the c arac er RECEIVED of the neighborhood and will pose no detriment to nearby properties. AUG 2 5 2022 2. The Benefits Sought to Be.Achieved by Applicant Ca &tlfeBoard of Appeals Feasibly Achieved by Some Method Other Than the Reque Variance. Due to the location of the existing single-family residence in proximity to the top of bluff, there is no way for the Applicant to achieve the benefit of a swimming pool without variance relief from the 100-foot bluff setback. The house is positioned 110-feet from the top of bluff and the sanitary system precludes a horizontal configuration of the pool. 3. The Area Variance Sought is Not Substantial. The Applicant submits that while the required bluff setback may be mathematically substantial at nearly 40%, it is not practically substantial since the pool is located in the most conforming location on the property in light of the constraints of the location of the existing house and sanitary system. 4. The Grant of the Variance Will Not Have an Adverse Impact on the Physical or Environmental Conditions in the Neighborhood or District. As stated previously, the proposed swimming pool will be positioned as close to the house as possible and be out of view of neighboring homes and pools due to mature plantings on the Applicant's side property lines. The improvements will be essentially invisible to the surrounding neighborhood. As a Type II action under SEQRA, there is no perceivable environmental impact from RECEIVED AUG 2 5 2022 Zoning Board 6 Appeals the proposed construction. The Town Trustees inspected the prop re- submission conference for the Wetlands Permit and did not indicate that the proposed pool would pose any threat to the integrity of the bluff. S. The Self Created Nature Of the Alleged Difficulty Should Not Preclude the Granting of Area Variance Relief. To the extent that the the difficulty is self-created, pursuant to New York Town Law§267-b (3), a self-created hardship "shall not necessarily preclude the granting of an area variance." CONCLUSION For the reasons set forth herein, it is respectfully submitted that the standards of Town Law Section 267-b have been met and, as such, relief from the requirements set forth in Southold Town Code Section 280-116 is warranted. Dated: Mattituck, New York August 24, 2022 Respectfully Submitted, FINNEGAN LAW, P.C. At for Applicant Marti D. 'nnegan, Esq. 13250 n Road Mattituck, New York (631) 315-6070 lam` r APPLICANT'S PROJECT DESCRIPTION n APPLICANT: 16125 SOUNDVIEW REALTY LLC DATE PREPARE . RECEIVED 1.For Demolition of Existing Building Areas Please describe areas being removed:N/A APR 1 8 2022 Zoning 7peais H.New Construction Areas(New Dwelling or New Additions/Extensions): N/A Dimensions of first floor extension: 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)N/A (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: NIA Proposed increase of building coverage: N/A Square footage of your lot: 55,136SF Percentage of coverage of your lot by building area: N/A V.Purpose of New Construction: CONSTRUCTION OF 20'X40'INGROUND SWIMMING POOL 59.3-FEET FROM TOP OF BLUFF. VL Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): FLAT Please submit 8 sets of photos,labeled to show different angles of yard areas after staldng corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? FAPR ECEIVED- Yes X No 18 2022 B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. oning and of Appeals C. 1.)Are there areas that contain sand or wetland grasses?YES 2.)Are those areas shown on the survey submitted with this application?YES 3.)Is the property bulk headed between the wetlands area and the upland building area?NO 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction?YES Please confirm status of your inquiry or application with the Trustees: PENDING and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level?NO E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?NO Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises?NO If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel?NO If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel SINGLE-FAMILY RESIDENCE and the proposed use SAME WITH INGROUND SWIMMING POOL . (ex: existing single family,proposed: same with garage,pool or other) Oil 3/2022 Authorized signature and Date FORM NO. 4 ,^i1 0 TOWN OF SOUTHOLD `W BUILDING DEPARTMENT RECET11En Office of the Building Inspector Town Hall APR 19 2022 Southold, N.Y. Zoning Board or F,ppeais CERTIFICATE OF OCCUPANCY No Z-25330 Date NOVEMBER 10, 1997 THIS CERTIFIES that the building NEW DWELLING Location of Property 16125 SOUNDVIEW AVENUE SOUTHOLD, N.X. House No. Street Hamlet County Tax Map No. 1000 Section 90 Block 2 Lot 19 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 21, 1995 pursuant to which Building Permit No. 23053-Z dated OCTOBaR 11, 1995 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITS ATTACHED TWO CAR GARAGE AS APPLIED FOR. The certificate is issued to BORIS & CLAUDIA GRZIC (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-95-0079-OCT. 23, 1997 UNDERWRITERS CERTIFICATE NO.-M-411239 - FEBRUARY 14, 1997 PLUMBERS CERTIFICATION DATED MARCH 8, 1997-PECONIC PLUMBING & BEATING BuildW inspecto Rev. 1/81 J.;; _. •N-'_Qci`�.Ci ..�_14s�.!?. _.. .._. �_�.C.e'+li..tsd...;J .! Board Of Southold Town Tru teen SOUTHOLD, NEW YORK Zoning Boal Y PERMIT NO. .... ... DATE: ...J/Af. q uly.,.:28z....1995 ISSUED TO Boris Grzic Y' Authorization _ ~ . V 4 Pursuant to the provisions of Chapter 615 of the Laws of "T ``` the State of New York, 1893; and Chapter 404 of the Laws of the " State of 'New .York 1952; and the Southold Town Ordinance ens d. ' titled "REGULATING_ AND-THE: PLACING OF OBSTRUCTIONS . IN .AND ON TOWN WATERS. AND PUBLIC- LANDS .and the ; A° ,r REMOVAL OF SAND,. GRAVEL OR OTHER MATERIALS FROM LANDS*UNDER TOWN WATERS;" and in accordance with the Resolution of The'Board adopted at a meeting held onJ ... 7...... F4 f °A. 19...9..5...., and in consideration of th® sum of :.....J X0...00..,.. paid,b'y . .........En-Consultants on behalf of„Boris.,.Grzic.................. aof .......................................................................................... N. Y. and subject to the ' Terms and Conditions listed on the reverse side hereof, zy 1 of Southold Town:Trustees authorizes and permits the following: " =y to construct 4' wide stairs from top of bluff down to beach ,; ending up no more than 8' from toe of bluff with a series of F. platforms. Located Soundview Ave., Southold. all in accordance with the detailed specifications as presented in ?' the originating application. IN WITNESS WHEREOF, The said Board of Trustees bre- by causes its Corporate .Seal to be affixed, and these presents.to be subscribed by a majority of the said Board as of this date. , ' s .,� ... ...... tees ' t- -Q111111111111 11111111 .�, ,�.x.�Qy. .�,.Si:.i: 'F4�sy '..�i ..�. ,9y 7•,. .?;� `�,rr: •..rn. ` AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS RECEIVEr) TOWN OF SOUTHOLD APR L 8 2022 WHEN TO USE THIS FORM: This form must be completed by the applicant r any special use permit, site plan approval,use variance, area variance or subdivision approval n?PTdP-#A-yaNVd an agricultural district OR within 500 feet of a farm operation located in an agnc Ppeais 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 lu Law. 1. Name of Applicant: 16125 SOUNDVIEW REALTY LLC 2. Address of Applicant:50-52 49TH STREET,WOODSIDE,NY 11377 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project:INSTALLATION OF INGROUND SWIMMING POOL 59.3-FEET FROM TOP OF BLUFF- -- - - 6. Location of Property: (road and Tax map number) 16125 SOUNDVIEW AVENUE, SOUTHOLD, NY 11971 -SCTM 1000-050.00-02.00-019.000 7. Is the parcel within 500 feet of a farm operation? {vf Yes { } No 8. Is this parcel actively fanned? { ) Yes 1,,4 No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's,Office.(765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1000-5b.-5-1 (2000 Lighthouse Road,Southold)- George H.Lind, 1290 Soundview Ave Ext.,Southold,NY 11971 2. 3. 4. 5. 6. (Please use the back of ' filter"e are additional property owners) 04 /18 /2022 Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will betaken 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. 617.20 n��® Appendix B ` Short Environmental Assessment Form RECEIVED Instructions for Completing APR 18 2022 Part 1-Project Information. The applicant or project sponsor is responsible for the completion of become 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject t f�iTfl'�rf4nuf Appeals Complete Part 1 based on information currently available. If additional research or investigation would b eded to full respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: 16125 SOUNDVIEW REALTY LLC POOL SETBACK VARIANCE Project Location(describe,and attach a location map): 16125 SOUNDVIEW AVENUE, SOUTHOLD, NY 11971 Brief Description of Proposed Action: CONSTRUCTION OF 20'X40' INGROUND SWIMMING POOL 59.3-FEET FROM TOP OF BLUFF, 22-FEET FROM EXISTING SANITARY SYSTEM. Name of Applicant or Sponsor: Telephone: 631-315-6070 MARTIN D. FINNEGAN, ESQ. E-Mail: MFINNEGAN@NORTHFORK-LEGAL.COM Address: 13250 MAIN ROAD, PO BOX 1452 City/PO: State: Zip Code: MATTITUCK NY 11952 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. X 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X 3.a.Total acreage of the site of the proposed action? 1.2657 acres b.Total acreage to be physically disturbed? 1,000SF acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 1.2657 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial VResidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 00 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of ther4T theui t � ►� NO YES landscape? REc� X 7. Is the site of the proposed action located in,or does it adjoin,a state lis d CriticjY Tilo�n Area? NO YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic abov NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Idgntify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: Mhoreline ❑Forest ❑�Agricultural/grasslands ❑Early mid-successional Wetland ❑Urban M Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? VNO❑YES X b.Will storm water discharges be directed to established conveyance systems(run9ff and storm drains)? If Yes,briefly describe: ANO❑YES Page 2 of 4 Y- 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)? X If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of active o,"1&1st41VED NO IYES solid waste management facility? APR 1 8 2 2 X If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of r4mediation_(an oin or YES completed)for hazardous waste? X If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applican sorname: A INNEGAN, ESQ. Date: 04/13/2022 Signature: pon Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or 7Moderatesmall impactma oc C. TI,EcAur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drain ge problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completionf f' r39 drgf Appeals question in Part 2 that was answered"moderate to large impact may occur",or if there is a need element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Board of Zoning Appeals Application RECEIVED AUTHORIZATION qPR 1 2022 (Where the Applicant is not the Owner) Zoning Board of Appeals Steven Grzic and Christine Persico, with an address I, Members of 16125 Soundview Realty LLC reqi4*at 50-52 49th Street, Woodside, (Print property owner's name) (Mailing Address) New York, 11377 do hereby authorize Martin D. Finnegan, Esq. (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. 161 SOUND"EW REALTY LLC By: Steven rzic, as Trustee of the Grzic Family 2018 Irrevocable Trust f/b/o Steven Grzic,Member, and as Trustee of the Grzic Family 2018 Irrevocable Trust f/b/o Christine Persico, Member y: Christine Persico, as Trustee of the Grzic Family 2018 Irrevocable Trust f/b/o Steven Grzic,Member, and as Trustee of the Grzic Family 2018 Irrevocable Trust f/b/o Christine Persico, Member , 1 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. _10 YOUR NAME : STEVEN GRZIC AND CHRISTINE PERSICO (Last name,first name,middle initial,unless you are applying in the name of someone else or othei entity,suITIEEIV E D company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) APR 18 2022 Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Zoning Board of Appals Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted thiday of SEPTEMBER 20 21 Signature_ L Print Name STEVEN GRZIC CHRISTINE PERSICO AGENT/REPRESENTATTVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the hart of town officers and employees The purpose of this�l� form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is ^ ` necessary to avoid same. YOUR NAME: MARTIN D.FINNEGAN,ESQ. (Last name,first name,middle initial,unless you are applying in the name of someone else or other end y,such as RECEIVED company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) APR 18 2022 Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Zoning Board of Appeals Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest.`Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this -`~day of APRIL ,2022 Signature Print Name MARTIN D.FINNEGAN,ESQ. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM RECEIVED A. INSTRUCTIONS APR 18 2022 1. All applicants for permits* including Town of Southold agencies, s aAo�t�rc )�sf r proposed actions that are subject to the Town of Southold Waterfront C s assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 050.00 _02.00 _019.000 The Application has been submitted to(check appropriate response): Town Board [E Planning Dept. 0 Building Dept. E] Board of Trustees 0 ZONING BOARD OF APPEALS 1. Category of Town of Southold agency action(check.appropriate response): (a) Action undertaken directly by Town agency(e.g.capital 0 construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g. grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action:' BLUFF SETBACK VARIANCE FOR ACCESSORY INGROUND SWIMMING POOL. Location of action:16125 SOUNDVIEW AVENUE,SOUTHOLD, NY 11971 1 v Site acreage:1.2657 RECEIVED Present land use:RESIDENTIAL APR 18 2022 Present zoning classification:R-$0 Zoning Board of Appeals 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: 16125 SOUNDVIEW REALTY LLC (b) Mailing address:C/O PO BOX 1452 MATTITUCK, NY 11952 (c) Telephone number: Area Code( )631-315-6070 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No® If yes,which state or federal agency? DEVELOPED COAST POLICY EXEMPT Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No V Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See �lJ LWRP Section III—Policies Pages 6 through 7 for evaluation criteria RECEIVED 0 Yes 0 No ® Not Applicable APR 18 2022 Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria IE Yes EdNo ® Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 1E Yes 0 No ®Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes E No® Not Applicable A�v RECEIVED Attach additional sheets if necessary LNVRPSection2Policy 7. Protect and improve air quality in the Town of Southold. See III — Polic s Pages 32 through 34 for evaluation criteria. ealsrd of App ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeLl No® Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable n APR Zoning Board Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Created on 512510511:20 AM JIM'El :"< 741 ♦vRi� ��•`R'�6d Pei I ,,''dr( fig`al,�1, a' "•�� � �g pv ,q✓d+,.j r ea t LY, Y `• .X`F S'k.; of } Y. A a v% `Y) �� Af V jj19Y g SCS^•'��9�'� '9.d'�'/b��d� ,f�'. 3 •f yg 7`i t. \ Al Q/r 4 ate.. S V -- - 41 ,r r fir• ( �}►9t�< I d _ I 4. 1: ,Z .� i I pyo ��° 1� ��� � ��t�p �`j��f-�� � • �� � � ,�,, �� `WIT "�" 111.­1a ,$add ISM,��T :`' + !�' ' a eta e �,, I , t,, *i M ° ► r asON �' +��'� �L.y` '� '�� ;�1►�dq�1,�°�L '1P�}k' W�f„� ,�,. r�� J,; -� <'� �� ✓ ,��5��� 1 4 .QSa�. FYI � �,pf• �dr� �l�;s�e^,'•jy��r i t\• n�'? 1� }fig At `r s{ rf ( , �f!�s, ''`� a ♦. K 'll I AMR �� a , F z • l r. '�w. ..nr^'�:^' � / �^M�.„�{K.J. 4'�•• ye ;l' �' i •i y,�Y rte 1. 'OPERTY RECII TOWN OF SOUTHOLD PR OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER NE . ACR 4> u S W TYPE OF BUILDING VV RES. SEAS. VL. FARM I COMM. CB. mics. Mkt. Value LAND IMP. TOTAL DATE REMARKS 3700 37,9 A o-T 3> 03 0- O-A m CL 00 < 0 > (D ........... 4 -4 Tillable T�FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot j BULKHEAD Total , :, ■N■■loom■■ N�■N■■�N■N■■ mom_ ■ �NNNNNN■�•■��■NN�N �N■ _ ■ NN■■■ —MENS MEN ■■NEEM ■ omommmon■ ■■m■■ ■ ■ NDN■ 0 NN ■■■N■■■�i ■�■■�■ !! I■NnN WOM , ■��■■N■�■■■ tIPILIM 7 Dine Basement Interior Finish Hoot 'Rooms I st Floor Recreation Room Rooms 2nd Floor f• Driveway I IIIIIII IIII VIII VIII IIID IIID VIII VIII(IIII IIII IIII RECEIVED 111118111111111111111111 APR 18 2022 Zoning Board of App a1r, SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 6/28/2021 Number of Pages: 4 At: 8:48:54 PM Receipt Number: 21-0119403 *ELECTRONICALLY RECORDED* Transfer Tax Number: 20-37082 LIBER: D00013110 PAGE: 440 District: Section: Block: Lot: 1000 050.00 02.00 019.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount $1,650,000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $200.00 NO Mansion Tax $16,500..00 NO EA-CTY $5.00 NO EA-STATE $125.00 NO TP-584 $5.00 NO Comm.Pres $30,000.00 NO Transfer Tax $6,600.00 NO Transfer Tax Number: 20-37082 Fees Paid $53,495.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County IR `'RDED Number of pages 4 6/28/20 3:48:54 PM JUDITH A. PASCALE CLERK OF This document will be public SUFFOLK COUNTY record. Please remove all L D00013110 Social Security Numbers P 44.0 prior to recording. 20-37 LI1/E® Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/F'. g Stamps 31 FEES APR 8 2022 Page/Filing Fee 20.00 Mortgage Amt. 1. Basic Tax 130'ard of A eal Handling 20. 00 2. Additional Tax PP� s TP-584 5.00 Sub Total Notation 0.00 SpecJAssit. 1 or EA-52 17(County) 5.00 Sub Total 50.00 Spec./Add. _ EA-5217(State) 125.00 TOT.MTG.TAX _ R.P.T.S.A. 200.00Dual Town Dual County_ Held for Appointment Comm.of Ed. 5. 00 " Transfer Tax 6,600.00 _ Affidavit Mansion Tax 16.500.00_ The property covered by this mortgage is Certified Copy 0.00 or will be improved by a one or two NYS Surcharge 15. 00 345.00 family dwelling only. Sub Total YES or NO Other 00. 395 Grand Total If NO,see appropriate tax clause on page,# of this instrument. 4 1 Dist. Section Block Lot 5 Community Preservation Fund 21031461 1000.050.00-07_00 19.000 Real Property T Consideration Amount$1,650,000:00 Tax Service s Agency m pz Y1A CPF Tax Due $ 30,000.00 Verification Improved x 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land Benahmz k Title Agency TD 10 222 Bloomingdale Rd ,Trite Plains NY 10605 TD TD Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Commmy Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.sutiolkcountyny.gov/clerk Title# S Suffolk Count Recording & Endorsement Page This page,forms part of the attached DE® made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SOUTHOI,D In the VILLAGE or HAND'of BOXES 6 THRU S MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 12-0109_10+6 k (over) —Bargain and Sole Deed,with Covenant against Gmntor's Aas--lndividuet w Corporation(Sinpjt Sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. ,, RECEIVED THIS INDENTURE,made the IL day of March,in the year 2021 BETWEEN BORIS GRZIC and CLAUDIA GRZIC,his wife,both residing at 12 Point Crescent,Malba,NY 11357 APR 1 8 2022 party of the fust part,and 16125 SOUNDVIEW REALTY LLC,having an address at 16125 Soundview Ave.,Southold,NY 11971 Zoning Board of Appeals party of the second part, WITNESSETH,that the party of the fust part,in consideration of Ten($10.00)dollars L 1L paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in the Town of Southold,County of Suffolk,and State of New York,bounded and described as set forth in Schedule"A", annexed hereto and made a part hereof. BEING AND INTENDED TO BE the same premises described in the deed into the grantor herein by deed recorded on 1113/1995 in Liber 11748 Page 941. Said premises known as and by the street number 16125 Soundview Avenue,Southold,New York 11971,Section:50,Block: 2,Lot:19 TOGETHER with all right, title and interest, if any, of the party of the first pari in and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the patty of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the•party of the fust part,in compliance with Section 13 of the Lien Law,covenants that the party of the fust part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose.The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the fust part has duly executed this deed the day and year first above written. IN PRESENCE OF: V; g �� J/ w c. 1 V c'/NCfGGGG7. BORIS GRZIC `" inialoon.....Virge NOTARY PUBLIC.STA'I'R Of NF YORK CLAUDIA GRZIC RagI",Uon No.OILF5 coun45ty qualified in QReen6 E:C3mrri�;cn F- w D,,orlbor 81 o"� ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE State of New York,County of Queens,ss: State of New York,County,of Queens,ss: On the S-- day of March in the year 2021, before me, the On the ?'day of March in the year 2021, before me, tit undersigned,personally appeared Boris Grzic undersigned,personally appeared Claudia Grzic RECEIVED personally known to me or proved to me on the basis of ,personally known to me or proved to me on the basis of APR p t7 Q 0 satisfactory evidence to be the individual(s)whose name(s)is(are) satisfactory evidence to be the individual(s)whose nh1ame(s)is(are) I- subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that he/shehhey executed the same in his/her/their capacity(ies),and that he/she/they executed the same in hWher/their capacity(ies),and that by his/her/their signature(s)on the instrument,the individual�s),.or by his/her/their signatures)on the instrument,the individual(s),or ZO n I n Board Of,� the person upon behalf ofvylyShshaindividua�e nee,executed' a the person upon behalf of which the individual s a executed th 9 (�jJt?a IS instrument. Vh9 Ia instrument. 1NOTARY PUBLIC,STATE OF NEW YORK' — Virginia Leone _-- ii Registration No 01LE80702d5 NOTARY PUBLIC,STATE OF NEW YORK Qual fled in Queens embercountw Regis Qualified I No.Quee01 ns Cou245 nty Cornrnis on Exp res December 4,2QZ2 Qualifted to Quae�mbir 9.9n22 ��rrpp��ntession ExP ACKNOWLEDGEh1EN'CBY SIJBSCRTBTNGWITNESS ACKNOWLEDGEMEIv_I;t'AKEN-OUTSWE-N 'A YORK TAKEN IN NEW YORK STATE STATE State of New York,County of ss: *State of County of ss: On the day of in the year before me, the *(Or insert District of Columbia,Territory,Possession or Foreign undersigned, a Notary Public in and for said State, personally County) appeared ,the subscribing witness to the foregoing instrument,with whom I am On the day of in the year before me the personally acquainted,who,being by me duly sworn,did depose and undersigned personally appeared say that he/she/they reside(s)in Personally known to me or proved to me on the basis of satisfactory (if ate place of residence is in a city,include me street and street number ifany,thercof; evidence to be the individual(s)whose name(s)is(are)subscribed to that he/she/they know(s) the within instrument and acknowledged to me that helshe/they executed the same in his/her/their oapacity(ies), that by"hisiher/their to be the individual described in and who executed the foregoing signature(s)on the instrument,the individual(s)or the person upon instrument;that said subscribing witness was present and saw said behalf of which the individual(s)acted,executed the instrument,and that such individual make such appearance before the undersigned in execute the same;and that said witness at the same time subscribed the his/her/their name(s)as a witness thereto (add the city or political subdivision and the state or country or other place the acknowledgement was taken). Bargain and Sale Deed With Covenants SECTION:50 BLOCK:2 Title No. LOT:19 COUNTY OR TOWN:Suffolk,Town of Southold GRZIC TO PREMISES: 16125 Soundview Avenue Southold,NY 11971 16125 SOUNDVIEW REALTY LLC RETURN BY MAIL TO: _ Goetz Fitzpatrick LLP DISTRIBUTED BY One Penn Plaza,Suite 3100 sL NY, 10119 Ann.:.:Aaron Boyajian,Esq. YOUR TITLE EXPERTS The Judicial Title Insurance Agency LLC 800-281-TITLE(8485) FAX:800-FAX-9396 Benchmark Title Agency, LLC RECEIVED Title No.BTA79504 APR 18 2022 SCHEDULE A Zoning Board or App,ats ALL that certain plot,piece or parcel of land,situate,lying and being in the Town of Southold, County of Suffolk and State of New York,more particularly bounded and described as follows: BEGINNING at a point on the northeasterly side of Soundview Avenue distant 100 feet northwesterly along said northeasterly side of Soundview Avenue from the southeasterly corner of land conveyed to the party of the first part by Edward C.Booth; RUNNING THENCE along said northeasterly side of Soundview Avenue,the following two courses and distances: North 50 degrees 41 minutes 30 seconds West 83.20 feet; North 41 degrees 23 minutes 20 seconds West 16.80 feet; THENCE through land of the party of the first part,the following three courses and distances: North 29 degrees 54 minutes 40 seconds East 208.41 feet; North 19 degrees 06 minutes 50 seconds East 210.39 feet, North 23 degrees 12 minutes 00 seconds West 159.91 feet to the ordinary high water mark of Long Island Sound; THENCE southeasterly along said high water mark as measured by a tie line, South 73 degrees 09 minutes 50 seconds East 123.44 feet; THENCE along land conveyed or about to be conveyed by the party of the first part to Donald Petrle(lot 4),the following three courses and distances: South 16 degrees 39 minutes 10 seconds East 160.46 feet; South 23 degrees 22 minutes 00 seconds West 207.48 feet; South 28 degrees 44 minutes 50 seconds West 241.59 feet to the point or place of BEGINNING. FOR The policy to be issued under this report will insure the title to such buildings and CONVEYANCING improvements erected on the premises which by law constitute real property. ONLY Page 1 RECEIVED APR 18 2022 WRITTEN CONSENT OF Zoning Board of Appeals 16125 SOUNDVIEW REALTY LLC 16125 SOUNDVIEW REALTY LLC, a New York limited liability company (the I V� "Company'),hereby consents to the adoption of the following resolutions as fully as if they had been adopted at duly held meetings of the members: RESOLVED,that the Company is hereby making applications to the Town of Southold Building Department,Town of Southold Zoning Board of Appeals,and Town of Southold Trustees for building permit(s),variance(s),and wetland permit(s),respectively (the"Applications"),for the purposes of installing an accessory inground pool at the premises known as 16125 Soundview Avenue,Southold,New York(Suffolk County Tax Map No. 1000-050.00-02.00-019.000),and RESOLVED,that the Company shall take all such actions necessary to consummate the transactions contemplated by the Applications;and it is further RESOLVED,that Steven Graic,Christine Persico,and Martin D.Finnegan be,and hereby are authorized,empowered and directed in the name of and on behalf of the Company to take any and all actions and to execute,deliver and file all such other instruments,certificates,agreements and documents as they deem necessary or appropriate,and to pay all expenses and fees to enable the Company to carry into effect the intent and the purposes of the foregoing resolutions,and each of them,and to consummate the transactions contemplated by the Applications and such other documents and instruments as are contemplated pursuant to the Applications,and that the execution and delivery of any such instrument,certificate,agreement or document shall be conclusive evidence of such member's or agents authority granted herein and the approval thereof by the members of the Company;and be it further RESOLVED, that there has been no change in the make up or composition of the Company,and that there have been no amendments made to the Articles of Organization or the Operating Agreement;and be it further RESOLVED,that a copy of this written consent be filed in the minute book of the Company. SIGNATUREPAGE FOLLOWS FZ%n 2 �ealsIN WITNESS WHEREOF, the undersigned have executed September 2021. GIC FAMILY 2418 IRREVOCABLE TR T F/BIO STEVEN GRZIC,Member By:Steven Grzic, stee y:Chris i ersic Trustee By:A a yajian,Trust G C FAMILY 2418 IRREVOCABLE TR T FIB/O CHRISTINE PERSICO,Member By: Steven Grzi6-' rustee ,T3`y:Chr'stin Pe ,Trustee By: oyajian,Tru, e 2 RECEIVED OPERATING.AGREEMENT APR 18 2022 OF 16125 SOUNDVIEW REALTY LLC A LIMITED LIABILITY COMPANY Zoning Boarr? of AGpc'u1.ti � p NO Ahu(OPERATING AGREEMENT(this"Agreement")entered into and made effective this / day of December, 2020, by and among GRZIC FAMILY 2018 IRREVOCABLE TRUST FB/O STEVEN GRZIC, and the GRZIC FAMILY 2018 IRREVOCABLE TRUST F/B/O CHRISTINE PERSICO, each referred to herein as a"Member"and collectively,as the"Members"). RECITALS WHEREAS, the Members have formed a limited liability company known as 16125 SOUNDVIEW REALTY LLC,pursuant to the Limited Liability Company Law ofthe State ofNew York(as amended from time to time,the"Limited Liability Company Law"or the"Act"); WHEREAS,all the Members desire to conduct business as Members of a limited liability company pursuant to the laws of the State of New York and pursuant to the terms of this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, conditions and representations set forth herein'and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged,the individuals and entities signing this Agreement below agree as follows: ARTICLE I DEFINITIONS 1.1 Formation. One or more Persons has acted as an organizer to form a limited liability company by preparing,executing and filing the Articles of Organization with the New York Secretary of State pursuant to the Limited Liability Company Law. 1.2 Agreement. For and in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the Members executing the Agreement hereby agree to the terms and conditions of the Agreement,as it may from time to time be amended. It is the express intention of the Members that the Agreement shall be the sole source of agreement of the parties regarding the operation of the Company and, except to the extent a provision of the Agreement expressly incorporates federal income tax rules by reference, or sections of the Code or Treasury Regulations, or is expressly prohibited or ineffective under the Act,this Agreement shall govern,even when inconsistent with,or different than,the provisions of the Act or any other law or rule. 1.3 Name. The name of the Company 16125 SOUNDVIEW REALTY LLC. 1.4 Principal Place of Business. The principal place of business of the Company within the State of New York shall be 16125 Soundview Avenue, Southold, New York 11971. The Company may establish any other places of business upon the vote or written consent of the majority of Membership Interest of the Company. {00039174 — 11 1 1.5 Term. The term of the Company shall begin upon the filing of the Articles of Organization or any later effective date as set forth below therein and shall continue until dissolution pursuant to Article XI of this Agreement or by law. �- 1.6 Purposes and Powers. The Company is hereby authorized to d eciseall_. the powers and privileges granted to a limited liability company under e LinR �itibiil'ity Company Law or by any other applicable law and to engage in any lawful a t or activity for which a limited liability companies may be formed under the Limited Liability Comp y Lav, i Inda&ag any and all activities necessary or incidental to the foregoing. ARTICLE II Zoning Board of F.pp .als MEMBERS 2.1 Names and Address. The names of the Persons who shall be the initial Member(s) are GRZIC FAMILY 2018 IRREVOCABLE TRUST FB/O STEVEN GRZIC, and the GRZIC FAMILY 2018 IRREVOCABLE TRUST FB/O CHRISTINE PERSICO and the addresses of the Members are to be kept with the books and records of the Company(each an"Initial Member"). 2.2 Additional Members. Subject to Article VIII of this Agreement,(i)the Members may admit to the Company additional Member(s)who will participate in the profits,losses,available cash flow,and ownership of the assets of the Company on such terms as are determined by the Members, (ii)admission of any such Additional Member(s)shall require the unanimous affirmative vote of all Membership Interest of the Company, and(iii) such Additional Members shall be allocated gain, loss,income or expense by such method as may be provided in this Agreement,and if no method is specified,then as may be permitted by § 706(d)of the Code. 2.3 Limitation of Liability. Except as provided under the Act,no Member or agent of the Company(nor any Person acting in one or more of those capacities)shall be liable for any debts, obligations or liabilities of the Company or each other,whether arising in tort,contract or otherwise, solely by reason of being such a Member or agent or acting(or omitting to act)in such capacities or participating(as an employee,consultant,contractor or otherwise)in the conduct of the business of the Company. 2.4 Priority and Return of Capital. No Member shall have priority over any other Member, whether for the return of a Capital Contribution or for Net Profits, Net Losses or a distribution. Additionally, this Section 2.4 of this Agreement shall not apply to loan or other indebtedness(as distinguished from a Capital Contribution)made by a Member to the Company. 2.5 Liabilily of a Member for Distributions. A Member who or which receives a distribution made by the Company in violation of this Agreement or made when the Company's liabilities exceed its assets(after giving effect to such distribution)shall be liable to the Company for the amount of such distribution. 2.6 Financial Adjustments. No Members admitted after the date of this Agreement shall be entitled to any retroactive allocation of losses, income or expense deductions incurred by the Company. The Company,upon the unanimous vote or written consent of the Members,may,at the time a Member is admitted,close the books and records of the Company(as though the Fiscal Year had ended)or make pro rata allocations of loss,income and expense deductions to such Member for that portion of the Fiscal Year in which such Member was admitted in accordance with Section 704 of the Code. 00039174 - 11 2 Fd;W EIVES 18 2022 2.7 Parties to Actions. No Member of the Company is or shall party to proceedings by or against the Company except where the object of such procehad be to enforce a Member's right against, or liability to,the Company. r of Aopeafs 2.8 Time Devoted. Each Member agrees that they will devote as much time as necessary 1 to the Company business. 1 2.9 No Salary. No Member shall draw or be entitled to a salary or expenses unless otherwise unanimous agreed to by the Members. 2.10 Organization Expenses. The Company shall pay all expenses incurred in the organization of the Company. 2.11 Expenses. The Company shall,upon presentation of proper receipts or payment vouchers,pay for, or reimburse the Members for all reasonable and necessary travel, automobile, entertainment and other out-of-pocket business expenses which may be incurred by the Members in the performance of their duties which are performed for the Company. 2.12 Control of Business of Company. The Managers shall have full control of the day to day operations of the Company as more fully set forth in Article III of this Agreement. No Member,apart from the exercise of his rights and powers as a Member,shall take part in the control of the business of the Company. ARTICLE III MANAGEMENT 3.1 Manager. Except as set forth in Sections 3.3 and 11.1 of this Agreement, all decisions respecting any matters affecting or arising out of the conduct of the business of the Company, or any matters set forth in this Agreement or relating to the purposes of the Company, shall, except as otherwise expressly provided in this or otherwise required by law, be made exclusively by the Managers. There shall be two (2) Managers (the "Managers"), who shall be STEVEN GRZIC and CHRISTINE PERSICO. They shall possess all rights and powers which are necessary,advisable or consistent in connection therewith and with the provisions of this Agreement. The Managers shall serve as Managers until removal, death, resignation or withdrawal or termination as a Member of the Company, as set forth in this Agreement. Except as otherwise provided in this Agreement or the Limited Liability Company Law, the decision of all of the Managers shall bind all of the Members. Unless otherwise set forth in this Agreement or by law, individual Members of the Company, other than the Managers, shall have no individual rights or powers to take part in the day-to-day management or control of the Company 3.2 Authorized Rights and Powers. Subject to the limitations set forth in Section 3.3 of this Agreement,the Managers shall be vested with the supervision of all day to day operations and to perforin all work of the Company and all other specific rights and powers required for or appropriate to the managernent,conduct or operation of the business of the Company,and do all lawful acts and things,relating to it,as are directed by this Agreement and the Articles of Organization and are not, by statute or by the Articles of Organization or by this Agreement,prohibited, including, but not limited to: (a) procuring and maintaining with responsible companies such insurance as may be advisable in such amounts and covering such risks as are deemed appropriate by the Managers; (b) taking and holding any assets of the Company in the Company name,or in the name of a nominee of the Company; {00039174 - 11 3 FCompmiy, CEIVED 1 8.2022 (c) executing and delivering on behalf of and in the name of or in the name of a nominee of the Company,all instruments necessary or incidental tt of the Company's business; ard o�`Ar� eals d rotectin and reservin the assets of the Company; -- ( ) protecting preserving (e) opening Company bank accounts in which all Company funds shall be 11 deposited and from which payments shall be made; (f) hiring and firing of employees; (g) incurring by the Company of any indebtedness to any person other than a Member; (h) the guaranty by the Company of any indebtedness of any person; (i) the incurring by the Company of any capital expenditure; 0) the execution of any check,draft or similar instrument by the Company for" any ordinary or capital expenditure;and (k) Any other decision incidental or necessary to the day to day operation of the business of the Company. 3.3. Actions by the Members (i) An affirmative vote of all of the Membership Interest of the Company shall be required for the Company to perform all acts,including,but not limited to the following: (a) Sale,disposition or other transfer of Membership Interest by existing Members; (b) Enter into a liquidating or dissolution transaction or file an insolvency, bankruptcy or dissolution proceeding or admit in writing insolvency, bankruptcy or a general inability to pay debts; (c) Repurchase or redeem Membership Interest of the Company; (d) Change the Company's Operating Agreement or Company's Articles of Organization; (e) Incur any contract or debt in excess of$10,000, other than normal trade credit in the ordinary course of business; (f) Dispose of Company assets other than in the ordinary course of business; (g) Purchase any capital asset other than in the ordinary course of business; (h) Change the Company's current line of business; (i) Issue any additional Membership Interest,options,warrants or"other rights to purchase Membership Interest; (j) Merge or'consolidate into or with any other person, corporation or entity; (k) Incorporate, form or acquire any subsidiaries or purchase, form or acquire any interest in any corporation,partnership,LLC or other entity; (1) Enter into any agreement to effectuate any ofthe above transactions; (m) the dissolution,winding up and liquidation of the Company;and (n) Enter into any equipment leases or licenses in excess of$10,000; (o) Enter into any real property leases or licenses; (p) Incur any bank financing,including,but not limited to,lines of credit, and mortgage loans; and (00039174 - 11 4 Ers- ay IVE (q) the filing by the Company of a petition in bankrup *2922 under any chapter of Title 11 of the United States Code,as amended,or the filinment for the benefit of creditors under applicable state law. . �(38al5 3.4 Vacanev. Any vacancy occurring with regard to the Managteb an election at an annual or special meeting of the Members called for that purpose. Any Manager 0 elected to fill a vacancy occurring other than by reason of an increase in the number of Managers shall be elected for the unexpired term of the Manager's predecessor in office. 3.5 Indemnification. To the fullest extent pennitted by applicable law from time to time in effect,the Company shall indemnify,defend and hold the Members and Managers harmless from and against, and may, upon the approval of the Members, indemnify, defend and hold the Company's,Member's and Managers'respective affiliates,agents,employees,consultants and other independent contractors(collectively,"Indemnitees"),harmless from and against,all losses arising from any demands,claims or lawsuits against any of the Indemnitees in connection with or resulting from his or its acts or omissions in his or its capacity as a Member or Manager, or as such an affiliate,agent,employee,consultant or other independent contractor of the Company,Member or Managers, or in connection with, arising from or relating to,business or activities undertaken on behalf of the Company,including,without limitation,any demands,claims or lawsuits initiated by a Member,unless such acts or omissions are found by a court of competent jurisdiction upon entry of a final judgment to be in bad faith,or to constitute fraud,willful misconduct or a knowing violation of law or to have violated such lesser standard of conduct as under applicable law affirmatively prevents indernnification hereunder.The termination of any action,suit or proceeding by-judgment, order, settlement,plea of nolo contendere or its equivalent or conviction shall not,of itself,create a presumption that an Indemnitee shall not be entitled to indemnification hereunder or that the Indemnitee did not act in good faith and in a manner which it reasonably believed to be in or not opposed to the best interests of the Company. 3.6 Rights Under Act. In addition to the specific rights and powers herein granted to the Managers,the Managers shall possess and may enjoy and exercise all ofthe rights and powers of a Managers as provided by the laws of the State of New York. ARTICILE IV MEETING OF MEMBERS 4.1 Annual Meetings. No annual meeting of the Members is required by this Agreement.If such meeting is held,it may be held at the principal place of business of the Company or such place or places,within or without the State of New York,as shall be reasonably determined by the Managers. Members of the Company may participate in a meeting by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other, and such participation shall constitute presence in person at such meeting. 4.2 Special Meetings. A meeting of the Members for any purpose or purposes may be called at any time by written request of any Member. 4.3 Notice of Annual Meeting. Written notice stating the place, day and hour of the annual-meeting indicating that it is being issued by or at the direction of the person or persons calling such meeting,stating the purpose or purposes for which the meeting is called shall be delivered no fewer than ten(10)nor more than sixty(60)days before the date of the amival meeting. {00039174 - 11 5 RECEIVED 4.4 Record Date. For the purpose of determining the Membrentitl � o 'c o or to P gNX 9 vote at any meeting of Members or any adj oununent of such meeting,or rt t 4 ivepayment of any distribution,or to make a determination ofMembers forpurpose,the date on which notice of the meeting is mailed or the date on which the resolution dI t Iaiag t bu ioi�,� adopted, as the case may be, shall be the record date for making such--detennination:W-hen_a determination of Members entitled to vote at any meeting of Members has been made pursuant to this Section 5.4 of this Agreement,the determination shall apply to any adjournment of the meeting. 4.5 Ouorum. Members holding not less than seventy five (75%) percent of the Membership Interests,represented in person or by proxy,shall constitute a quormn at any meeting of Members. In the absence of a quorum at any meeting of Members, a majority of the Membership Interests so represented may adjourn the meeting from time to time for a period not to exceed sixty (60)days without f i Cher notice.However,if the adjournment is for more than sixty(60)days,or if after the adj ouinment a new record date is fixed for the adj ourned meeting,a notice of the adj ourned meeting shall be given to each Member of record entitled to vote at such meeting.At an adjourned meeting at which a quorum shall be present or represented, any business may be transacted that might have been transacted at the meeting as originally noticed.The Members present at a meeting may continue to transact business until adjournment, notwithstanding the withdrawal during the meeting of Membership Interests whose absence results in less than a quorum being present. 4.6 Manner of Acting. If a quorum is present at any meeting, the majority vote or written consent of the Members shall be the act of the Members,unless the vote of a greater or lesser proportion or number is otherwise required by the Limited Liability Company Law,the Articles of Organization or this Agreement. 4.7 Action by Members Without a Meeting. Whenever the Members ofthe Company are required or permitted to take any action by vote, such action may be taken without a meeting, without prior notice and without a vote,if a consent or consents in writing,setting forth the action so taken shall be signed by the Members who hold the voting interests having not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting at which all of the Members entitled to vote therein were present'and voted. Such consent and/or consents shall be delivered to the office of the Company at its principal place of business. Delivery made to the office of'the Company shall be by (a) hand, return receipt required, (b) certified or registered mail,return receipt requested, (c)reputable overnight courier,next day delivery, or(d) electronic mail in portable document format(PDF)form. 4.8 Waiver of Notice. Notice of a meeting need not be given to any Member who submits a signed waiver of notice,in person or by proxy,whether before or after the meeting.The attendance of any Member at a meeting, in person or by proxy, without protesting prior to the conclusion of the meeting the lack of notice of such meeting,shall constitute a waiver of notice by such Member. ARTICLE V CAPITAL CONTRIBUTIONS 5.1 Capital Contributions.On the date of this Agreement,each Member shall contribute the amount set forth in Schedule"A"to this Agreement as the Capital Contribution to be made by such Member. 5.2 Additional Contributions. Except as set forth in Section 6.1 ofthis Agreement,no Member shall be required to make any additional Capital Contribution. The Members may make (00039174 - 1) 6 EbTWhMgVoea ED loans to the Company with the approval of all Members and, if such loansthe amounts loaned shall not be or become capital. 2022 5.3 Capital Accounts. A Capital Account shall be maintained for ;chchMember's Capital Account shall be increased by the value of each Capital Contrthe Member and otherwise adjusted in accordance with GAAP. o'r,4ppeals 5.4 Deficit Capital Account. Except as otherwise required in the Limited Liability Company Law or pursuant to this Agreement,no Member shall have any liability to restore all or/� any portion of a deficit balance in a Capital Account. 11 5.5 Withdrawal or Reduction of Capital Contributions. A Member shall not receive from the Company any portion of a Capital Contribution until all indebtedness,liabilities and obligations of the Company,except any indebtedness,liabilities and obligations to Members on account of their Capital Contributions,have been paid or there remains property of the Company sufficient to pay them.A Member,irrespective of the nature of the Capital Contribution of such Member,has only the right to demand and receive cash in return for such Capital Contribution. ARTICLE VI ALLOCATIONS AND DISTRIBUTIONS 6.1 Allocations of Profits and Losses.The Net Profits and the Net Losses for each Fiscal Year shall be allocated to the Members based upon their Membership Interests as of the record date of such allocation,except that the Members shall not be personally liable for any of the debts of the Company or for any losses or expenses beyond the respective their Capital Contribution as set forth in Schedule"A"as may be amended from time to time. 6.2. Capital Calls. 6.2.1 The Managers may make capital calls(the"Capital Calls")to each Member from time to time as required seeking additional Capital Contributions (the "Additional Capital Contributions") from the Members in order to enable the Company to conduct its business or to otherwise use its capital as contemplated by this Agreement.Notice of each Capital Call shall be given to each Member at least fifteen (15) days before the date that the Additional Capital Contribution is to be contributed to the Company(the"Call Date"). Capital Calls shall be payable pro rata by the Members in the ratios that their respective Capital Contributions prior to the Capital Call bear to the aggregate Capital Contributions of all Members. 6.2.2 Each Member agrees to make his or her Additional Capital Contributions in cash on the Call Date. 6.2.3 In the event that any Member fails to make his, her or its portion of any required Capital Contribution to the Company pursuant to this Section 6.2 of this Agreement,on or before the Call Date, such Member shall be deemed to be in default tinder this Section 6.2 of this Agreement(the "Defaulting Member"). Such Member(s)who properly contributes any additional Capital Contribution as required under this Section 6.2 shall be deemed a "Non-Defaulting Member". Upon a default, the Defaulting Member's Membership Interest shall be reduced proportionally by the amount of additional Capital Contribution which was required to have been contributed by the Defaulting Member to maintain the percentage of Membership Interest in the Company.By way of example only: 100039174 - 11 7 if the Member X initially contributed $100,000 fora 25% �em ersInterest of the Company and if an additional Capital Coibu ion of RECEIVED $25,000 is required by the Company to be made by Member X and he defaults on this obligation, Member X's Membership Interest ill beAPR 1 8 2022 reduced by 20%, leaving Member X with a Membership Inter st after default of 20%. Zoning Board of Appieals Until such time as the Non-Defaulting Members have been repaid in full for the additional Capital Contribution which was not contributed by the Defaulting Member, all income and gain shall be allocated first to the Non-Defaulting Members(which return is referred to herein as the"Preferred Return");thereafter,to all of the Members pro rata in accordance with their Membership Interest. 6.2.4 Whenever the approval or decision of the Members is required or permitted pursuant to this Agreement or applicable law, any Defaulting Member shall not, to the extent permitted by applicable law, be entitled to participate in such approval, or to make such decision, and such approval or decision shall be made as if such Defaulting Member were not a Member.Any such approval or decision shall be binding upon such Defaulting Member. ARTICLE VII TAXES 7.1 Tax Returns. The tax matters partner shall cause to be prepared and filed all necessary federal,state and local income tax returns for the Company.Each Member shall furnish to the tax matters partner all pertinent information in its possession relating to Company operations that is necessary to enable the Company's income tax returns to be properly prepared and timely filed. 7.2 Tax Elections.The Company shall make the following elections on the appropriate tax returns: 7.2.1 To adopt the calendar year as the Fiscal Year; 7.2.2 To adopt the cash method of accounting and keep the Company's books and records on the income tax method; 7.2.3 If a distribution as described in Section 734 of the Code occurs or if a transfer of a Membership Interest described in Section 743 of the Code occurs,upon the written request of any Member,to elect to adjust the basis of the property of the Company pursuant to Section 754 of the Code; 7.2.4 To elect to amortize the organizational expenses of the Company and the start- up expenditures of the Company under Section 195 of the Code ratably over a period of sixty months as permitted by Section 709(b)of the Code; and 7.2.5 Any other election that the Managers may deem appropriate and in the best interests of the Members. Neither the Company nor any Member may make an election for the Company to be excluded from the application of Subchapter K of Chapter 1 of Subtitle A of the Code or any similar provisions of applicable state law,and no provisions of this Agreement shall be interpreted to authorize any such election. (00039179 - 1) ARTICLE VIII RECEIVE TRANSFERABILITY APR 18 2022 8.1 Lifetime Transfers and Pledges.No Member shall sell,assign,r ort age,h othecate, ni'n r Q,��poals transfer,pledge,create a security interest,lien,encumbrance,gift,or otherwis rsposa a�iy ol`lirs, her or its Membership Interest in the Company,now owned or hereinafter acquired,durrng e term of this Agreement to any person or third-party, including, but not limited to, a spouse, except in accordance with the terms of this Agreement,including,Article IX. ARTICLE IX SALE,TRANSFER OR OTHER DISPOSITION OF MEMBERSHIP INTEREST 9.1 Sale to Third Parties-Bona Fide Offer. 9.1.1 If any Member receives a bona fide offer from an unaffiliated third party(the'`Third Party Offeror")pursuant to a written offer,which offer must contain the payment terms of the proposed offer(the"Membership Interest Offer")for the purchase of all,but not less than all, of his Membership Interest (such Member, for the purposes of this Section 9.1 of this Agreement is hereinafter referred to as the ASelling Member";the Membership Interest which is the subject of the Membership Interest Offer is hereinafter referred to as the AOffered Membership Interest")and determines to sell such Offered Membership Interest to the Third Party Offeror,the Selling Member shall notify the Company and the other Members (the "Other Members")(the Company and the Other Members are hereinafter collectively referred to as the"Offerees"),by a written notice(the"Notice of Sale"),which shall include a copy of the Membership Interest Offer and an offer to sell the Offered Membership Interest to the Offerees at the purchase price and pursuant to the terms and conditions set forth in the Membership Interest Offer. 9.1.2 After the Selling Member has given Notice of Sale to the Other Members and the Company, the Other Members shall have the option, exercisable upon written notice to the Selling Member within thirty(30)days after receipt of the Notice of Sale(the"Initial Period"),to purchase all or any part of the Offered Membership Interest pro rata in proportion to their respective holding in the Membership Interest, at the price as set forth in said bona fide Membership Interest Offer upon the same payment terms as set forth in Section 9.1.5(f) of this Agreement;provided,however,that if any Member does not purchase his full proportionate share of the Offered Membership Interest, the unaccepted Membership Interest may be purchased by the other Members proportionately. The Other Members may accept such offer by giving the Selling Member and the Company written notice of such acceptance within the Initial Period. 9.1.3 If the Other Members do not elect to exercise the option set forth in Section 9.1.2 of this Agreement in full within the thirty (30) day Initial Period, the unaccepted Offered Membership Interest shall be offered to the Company and such Notice of Sale shall be deemed to be an offer to sell the unaccepted Offered Membership Interest to the Company at the purchase price and upon the payment terms set forth in the Membership Interest Offer. Such offer shall remain open for a period of thirty (30) days after the date of the expiration of the Initial Period. The Company may accept such offer by giving the Selling Member and the Other Members written notice of such acceptance within said offering period of thirty(30)days. 9.1.4 If the offer to the Offerees is rejected, deemed rejected or accepted only in part within the aforesaid sixty(60)day period(the aggregate of thirty(30)and thirty(30)days),the (00039179 - 11 9 r� LInterest IVED offer shall be deemed rejected with respect to all of the Offered Membersltlg Member shall thereupon be at liberty to sell all of the Offered Membershinterest t e i all),solely upon the terms and conditions which are specified in the MemOffer and solely to the Third Party Offeror and if suchsale is consummated,noticeent,fa.the,Is Offerees. If the Selling Member does not sell, assign, transfer or othe Offered Membership Interest pursuant to the Membership Interest Offer within thirty(30)days after ^� the expiration of the aforementioned sixty (60) day period, then the Selling Member shall not thereafter sell,assign,transfer,or otherwise dispose of the Offered Membership Interest,even to the same Third-Party Offeror,without again first offering same to the Company and the Other Members in accordance with this Section 9.1 of this Agreement. 9.1.5 Closing Conditions. With respect to any sale and purchase of the Membership Interest pursuant to this Section 9.1 of this Agreement by the Company and/or the Other Members,a closing(the"First Refusal Closing")will take place at the principal office of the Company or its attorneys,within thirty(30)days after the event requiring the sale and purchase,on the business day and at the time set forth by the Company in a written at least ten(10)days prior to the First Refusal Closing. The following shall be deemed applicable to any sale pursuant to this Section 9.1 of this Agreement: (a) At the First Refusal Closing of a Membership Interest Offer to the Company and/or the Other Members, the Selling Member shall warrant and represent to the Offerees that all of the Offered Membership Interest which is to be transferred pursuant to the terms of this Agreement and the Membership Interest Offer are free and clear of all liens or encumbrances of any kind, whether voluntarily incurred, imposed by-operation of law or otherwise, and shall provide the Offerees with a written warranty and representation to that effect. If the Selling Member fails to provide such written warranty and representation,the Selling Member shall be deemed to have made the foregoing warranty and representation. Nevertheless,the Offerees,in addition to all other remedies which are available to them,may elect not to pay the purchase price for the Offered Membership Interest until such time as the Selling Member provides such written warranty and representation. (b) The purchase price set forth in the Membership Interest Offer shall be in addition to any sums which may be due and owing by the Company and/or the Other Members to the Selling Member. (c) All sales,assignments,transfers,and other dispositions of any of the outstanding Membership Interest pursuant to this Section 9.1 of this Agreement,other than to the Offerees,shall have as a condition precedent thereto the requirement that the Third Party Offeror execute a document in form and substance which is satisfactory to the Company's counsel,agreeing . to be bound by all of the terms and conditions of this Agreement as if such Third Party Offeror were the Selling Member and,upon the Third Party Offeror's execution of a document to that effect,said Offeror shall have all of the rights and obligations of the Selling Member pursuant to this Agreement. (d) If the Company agrees to purchase any Offered Membership Interest and if the Company shall not have sufficient surplus to permit it to lawfully purchase any or all of such Offered Membership Interest,all Members shall promptly take such measures to vote their Membership Interest,unless otherwise required by applicable law,to reduce the capital of the Company or to take such other measures as may be necessary to enable the Company to pay for all or part of the Offered Membership Interest which it is required or otherwise agrees to purchase. {00039174 - 1) 10 r (e) At any meeting of the Members in which a vote on such matters is taken, (1) the Member who would be selling the Offered Membership Interest to the Company shall have no vote with respect to the question of whether the Company should purchase the Offered Membership Interest and (2) the Company shall not agree to purchase any Offered Membership Interest without the unanimous consent of all Members Selling-7 Member). RECEIVED i ARTICLE X APR 18 2022 ACCOUNTING 10.1 Books and Records. The Company shall keep or cause �6e�'ce t�coini Pete and accurate books of account and such additional records required to be maintained pursuant to Section 1102 of the Limited Liability Company Act.Such books of account shall at all times be maintained at the principal office of the Company and shall be open to the inspection and examination of the Members,at reasonable intervals,upon reasonable notice to the Managers and at reasonable hours of the business day for any purpose reasonably related to a Member's interest as a Member of the Company. An accountant acceptable to all of the Members shall be employed by the Company to oversee the keeping of the books and records. 10.2 Annual Statements. Annual statements of the Company's gross receipts and operating expenses as prepared by the Company's accountants shall be transmitted to each of the Members upon written request of any Member.Within a reasonable period of time after the close of each Fiscal Year,a report shall be transmitted to each Member setting forth his,her or its share of the profit or loss of the Company for such year for income tax purposes. 10.3 Funds of Company.All funds of the Company are to be deposited in the Company's name in such bank account or accounts as shall be designated by the Managers,or if none,then by the Members. Withdrawals from any such bank account or accounts shall be made upon such signature of the Managers. 10.4 Company Property. The Company's assets shall be deemed to be owned by the Company as an entity and no Member shall have any ownership interest in such assets or any portion thereof. ARTICLE XI DISSOLUTION 11:1 Dissolution.The Company shall be dissolved and its affairs shall be wound up upon the first to occur of the following: 11.1.1 The written consent or determination of all of the Members;or 11.1.2 At any time when there are no Members; or 11.1.3 The entry of a decree of judicial dissolution pursuant to Section 702 of the Limited Liability Company Law. 11.2 Winding_Up. Upon the dissolution of the Company,the Members may,in the name of and for and on behalf of the Company, prosecute and defend suits, whether civil, criminal or administrative, sell and close the Company's business, dispose of and convey the Company's property, liquidate the assets (unless the Members determine that a distribution of any Company Property in-kind would be more advantageous to the Members than the sale thereof)as promptly as too 391`14 - 1} 11 RECEIVED [=ilities PR 18 2022 is consistent with obtaining the fair value thereof,discharge the Company's lind distribute to the Members airy remaining assets ofthe Company,all without affectingth Upon winding up of the Company,the assets shall be distributed as follows 11.2.1 First, to creditors, including any Member who is a creditor, to the extent permitted by law,in satisfaction of liabilities of the Company,including loans made to the Company by any Member,whetherby payment or by establishment of adequate reserves,other than liabilities for distributions to Members under Section 507 or Section 509 of the Limited Liability Company Law; 11.2.2 Second, to the setting up of any reserves which the Members may deem necessary or appropriate for any anticipated obligations or contingencies of the Company; 11.2.3 Third, to Members and former Members in satisfaction of liabilities for distributions under Section 507 or Section 509 of the Limited Liability Company Law; 11.2.4 Fourth,to Members first for the return of their Capital Contributions,to the extent not previously returned;and 11.2.5 Fifth,in accordance with their respective Membership Interests. 11.3 Articles of Dissolution. Within ninety(90)days following the dissolution and the commencement of winding up of the Company, or at any other time there are no Members, articles of dissolution shall be filed with the New York Secretary of State pursuant to the Limited Liability Act. 11.4 Deficit Capital Account. Upon a liquidation of the Company within the meaning of Section 1.704-1(b)(2)(ii)(g) of the Treasury Regulations, if any Member has a Deficit Capital Account(after giving effect to all contributions,distributions,allocations and other adjustments for all Fiscal Years,including the Fiscal Year in which such liquidation occurs),the Member shall have no obligation to make any Capital Contribution,and the negative balance of any Capital Account shall not be considered a debt owed by the Member to the Company or to any other Person for any purpose. 11.5 Nonrecourse to Other Members. Except as provided by applicable law or as expressly provided in this Agreement,upon dissolution,each Member shall receive a return of his, her or its Capital Contributions solely from the assets of the Company.If the assets of the Company remaining after the payment or discharge of the debts and liabilities of the Company are insufficient to return any Capital Contribution of any Member,such Member shall have no recourse against any other Member. 11.6 Termination. Upon completion of the dissolution, winding up, liquidation, and distribution of the assets of the Company,the Company shall be deemed terminated. ARTICLE XII CONFIDENTIALITY 12.1 At all times after the date hereof,no Member or any Affiliate of any Member shall disclose or use any confidential information of or with respect to the Company or its business, provided,that such obligation shall not apply to any information(i)to the extent that it legally is or becomes part of public or industry knowledge from authorized sources other than a Member or any Affiliate of a Member,or(ii)which the Member or any of its Affiliates is required by law to disclose (but only to the extent required to be so disclosed). {00039174 - 1} 12 12.2 Because the Company and the Members do not have an adequate remedy at law to protect the Company's business from any breach of the obligations in this Article XIII,each of then�� shall be entitled to injunctive relief,in addition to such other remedies and relief that would,in such event, be available to it or them. RECEIVED ARTICLE XIII GENERAL PROVISIONS APR 1 11111 13.1 Notices. Any notice,demand or other communication req ir2drq ilk t-.ed,to.•,opeals be given pursuant to this Agreement shall have been sufficiently given forInIl delivered personally to the party to whom such notice,demand or other communication is directed, or(b)sent by overnight mail or courier service,next morning delivery,addressed to the Members or the Company at his,her or its address set forth in this Agreement.Except as otherwise provided in this Agreement, any such notice shall be deemed to be given when delivered. 13.2 Amendments. This Agreement contains the entire agreement among the Members with respect to the subject matter of this Agreement, and supersedes each course of conduct previously pursued or acquiesced in,and each oral agreement and representation previously made, by the Members or the Company with respect thereto,whether or not relied or acted upon.No course of performance or other conduct subsequently pursued or acquiesced in, and no oral agreement or representation subsequently made, by the Members, whether or not relied or acted upon, and no usage of trade, whether or not relied or acted upon, shall amend this Agreement or impair or otherwise affect any Member's obligations pursuant to this Agreement or any rights and remedies of a Member pursuant to this Agreement.No amendment to this Agreement shall be effective unless made in a writing duly executed by all Members and specifically referring to each provision of this Agreement being amended. 13.3 Construction. Whenever the singular number is used in this Agreement and when required by the context,the same shall include the plural and vice versa,and the masculine gender shall include the feminine and neuter genders and vice versa. 13.4 Headings. The headings in this Agreement are for convenience only and shall not be used to interpret or construe any provision of this Agreement. 13.5 Gender and Number. Whenever the context of this Agreement requires, the masculine gender includes the feminine and neuter,and the singular number includes the plural and vice-versa. 13.6 Independent Counsel. Each Member hereby acknowledges that Goetz Fitzpatrick LLP,legal counsel for the Company,has prepared this Agreement on behalf of and in the course of its representation of the Company and has not represented any Member in any way in connection with this Agreement, and that: (a) he,she or it has been advised that a conflict of interest may exist between his, her or its interests and those of the Company and the other Members; (b) he,she or it has been advised that this Agreement can have material income tax consequences to a Member,and that Goetz Fitzpatrick LLP has not rendered tax advice to any Member;and (c) he,she or it has been advised to seek the advice of independent counsel,and he,she or it has had the opportunity to seek the advice of independent counsel. 13.7 Waiver. No failure of a Member to exercise, and no delay by a Member in exercising, any right or remedy under this Agreement shall constitute a waiver of such right or 100039174 - 1) 13 R ECEIVED remedy. No waiver by a Member of any such right or remedy under thil?92 effective unless made in a writing duly executed by all Members and specifieach such right or remedy being waived. ally f Appeals 13.8 Severability. Whenever possible, each provision of this11--be „n interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of this Agreement shall be prohibited by or invalid under such law, it shall be deemed ' 1� modified to conform to the minimum requirements of such law or,if for any reason it is not deemed so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder thereof or any other such provision being prohibited or invalid. 13.9 Binding. Subject to the terms of this Agreement, this Agreement shall be binding upon and inure to the benefit of all Members,and each of their respective heirs, personal representatives, successors and assignees. 13.10 No Third Party Rights. The Agreement is entered into among the Company and the Members for the exclusive benefit of the Company,its Members,and thea successors and assignees. The Agreement is expressly not intended for the benefit of any creditor ofthe Company or any other Person. Except and only to the extent provided by applicable law,no such creditor or any third party shall have any rights under the Agreement or any agreement between the Company and any Member with respect to any Capital Contribution,Distribution,Membership Interest or otherwise. 13.11 Governing Law. This Agreement shall be governed by, and interpreted and construed in accordance with, the laws of the State of New York, without regard to principles of conflict of laws. 13.12 Mediation and Arbitration. If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator, with mediation to take place in New York,New York.Any costs and fees associated with the mediation, other than each parry's attorney fees,shall be shared equally by the parties. If the parties are not able to resolve their dispute through mediation,then the parties agree that they shall be deemed to have agreed to binding arbitration in New York,New York,with respect to the entire subject matter of any and all disputes relating to or arising under this Agreement including, but not limited to,the specific matters or disputes as to which arbitration has been expressly provided for by other provisions of this Agreement.Any such arbitration shall be by a single arbitrator and pursuant to the then current Commercial Rules of the American Arbitration Association("CRAAA")in New York, New York. The parties may agree in writing to conduct any arbitration in another location or forum by their mutual consent. In all arbitrations,judgment upon the arbitration award may be entered in any court having jurisdiction.The parties specifically designate the Supreme Court in the County of New York, State of New York,as properly having jurisdiction for any proceeding to confirm and enter judgment upon any such arbitration award. The parties hereby consent to and submit to personal jurisdiction over each of them by the Courts of the State of New York in any action or proceeding,waive personal service of any and all process and specifically consent that in any such action or proceeding,any service of process may be effectuated upon any of them by overnight mail or courier, in accordance with Section 14.1 of this Agreement or pursuant to the CRAAA. The parties agree,further,that the prevailing party in any such arbitration as determined by the arbitrators shall be entitled to such costs and attorney's fees,if any,in connection with such arbitration as may be awarded by the arbitrators;provided,however,that if a proceeding is commenced to confirm and enter a judgment thereon by the Courts of the State of New York and such application is denied,no such costs or attorneys fees shall be paid. In connection with the arbitrators' determination for this purpose of which party,if any,is the prevailing party,they shall take into account all of the facts and too 39174 - 1) 14 RECEIVED APR 18 2022 circumstances including,without limitation,the relief sought,and by whom,and the relief,if any, awarded, and to whom. onin7 Beard of Aaxa ,els 13.13 Prior Agreements. This Agreement supersedes any and alf revious agreemen��, -� whether written or oral, covering the subject matter of this Agreement. fAny such previou u agreements are null and void. � 13.14 Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. IN WITNESS WIIERE,OF,the parties hereto have caused this Agreement to be executed as of the date first above written. MEMBERS: GC BlO AMILY 2018 IRREVOCABLE TRUST FT EN GRZIC By: Steven Grzi , r ee B stine ersico tee By: 3 Aron Boyaj1 stee GRZIC FAMILY 2018 IRREVOCABLE TRUST FBI H STINE PERSICO By: Steve Grzi Trustee ' By: , C istin Persico,T By: on oyajia ee i 100099174 - 11 15 RECEII/ED SCHEDULE"A" APR 1 8 2022 Capital Contributions and MembershipInteres als Member Name Capital Contribution Mem erslii��n' rest' is %a�'n. GRZIC FAMILY 2018 50% IRREVOCABLE TRUST V F/B/O STEVEN GRZIC GRZIC FAMILY 2018 50% IRREVOCABLE TRUST F/B/O CHRISTINE PERSICO (000339174 - 11 16 i FYNNEGAN LAW, P.C. RECEIVED 13250 MAIN ROAD 1�2022 P.O. BOX 1452 pPR MATTITUCK,NEW YORK 11952eals (631) 315-6070 Zoning Board of ApP MARTIN D. FINNEGAN, ESQ. MFINNEGAN@NOR.THFOR.K-LEGAL.COM By Hand U" April 15, 2022 Ms. Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Re: Area Variance Application of 16125 Soundview Realty LLC Premises: 16125 Soundview Avenue, Southold, NY 11971 SCTM # 1000-050.00-02.00-019.000 Dear Chairperson Weisman and Members of the Board: With respect to the above-referenced application, enclosed please find a check made payable to the Town of Southold in the amount of$500.00 representing the required filing fee and an original and nine (9) copies of the following documents for your review: 1) Notice of Disapproval dated November 30th, 2021 and renewed April 13th, 2022. 2) Area Variance Application with attachment of explanation. 3) Applicant's Project Description and Questionnaire Form. 4) Agricultural Data Statement. 5) Short Environmental Assessment Form. 6) Local Waterfront Revitalization Program (LWRP) Consistency Assessment Form. 7) Owner's Authorization. 8) Owner's Applicant Transactional Disclosure Form. 9) Applicant Transactional Disclosure Form signed by Martin D. Finnegan, as Agent. 10) Color photographs of the subject premises. 11) Certificate of Occupancy. 12) Trustee's Permit No. 4494. 13) Assessor's Property Record Card. Fundu* paeog 6uiuoz 14) Current Deed. 15) Written Consent and Operating Agreement for 16125 SuI ddb RealtyLLC. ff 16) Nine (9) survey prints showing proposed pool. a3AI3D32i 17) Nine (9) pool plans. Kindly advise if you require any further documentation to place this matter on your next available agenda for a public hearing. Thank you for your consideration. Very truly y s;� Mart' innegan MDF/as Encl. ZBA-CHECK FEES - 2022 Funding Account- B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 4/15/2022 Sand Lennox LLC 7619 $500.00 1139 4/22/2022**additional fee 4/18/2022 16125 Soundview Realty LLC $500.00 1080 4/22/2022 4/19/2022 Binaris,Antonio 7671 $1,000.00 1314 4/22/2022 $2,000.00 RECEIVED MAY - 4 2022 Southold Town Clerk own of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 05/04/22 Receipt#: 297634 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7619 $500.00 1 ZBA Application Fees 7670 $500.00 1 ZBA Application Fees 7671 $1,000.00 Total Paid: $2,000.00 Notes: Payment Type Amount Paid By CK#1080 $500.00 Finnegan Law, P.C. CK#1314 $1,000.00 Quiet Man Studio LLC CK#1139 $500.00 Sand Lennox LLC Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Biniaris, Antonio 673 Summit Dr Mattituck, NY 11952 Clerk ID: JENNIFER Internal ID:7671 - � FINNEGAN LAW, P.C. 1080 PO BOX 1452 MATTITUCK,NY 11952 DATE ��-{ 7i�j 1-2/210 1 TO THE i $ DOLLARS u CHASE O Morgan Chase Bank,N.A. d www.Chase.com P FOR t� 2 S SU V iy.�ff I cbv - Ir RECEIVE® MAY - 4 2022 Southold Town Clerk LETTER IN SUPPORT Town oFSouthold ZoningBoard of,�lppeals SID 1 PO SoutBlloldl NZ 11971-0959 �'��llUox 179 {;t"" ' Attn: Ktill Fuentes kiiiiF'?i.southolcfto«'tltiv.LIov Attn: Donna Westermann .«ov Re: :area Variance Application off612; Soundview Realty- LLC. 16125 Soundview Avenue, Southold, NV 11971 SCTNM #1000-050.00-02.00-019.000 To the Members of the Zoning Roa-d orypeals: I'We reside in the coli mun4y near the property owned by 16125 Sollndview Realty LLC. I We are aware of their request for a bluff setback variance For the construction of an accessory swinuming pool for their family. Me believe thou the proposed constructon will be in character with the other 11OUSCS ill the 5owidview colllilll nhy and will not reSUll in lin)- adverse impact on our neighborhood. We have no objection to the granting of said variance. Ulu r,64 4j7jlAi- Address: ( 3 O S -1000`RINOW Address: (N6*1 JXW Q XAMOIPUMOS RECEIVED LETTER IN SUPPORT AUG 19 2022 ° Zoning Board of Appeals Town of Southold Zoning Board of Appeals PO Box 1179 Southold, NY. 11971-0959 Attn: Kim Fuentes. kimf@southoldtownny.eov Attn: Donna Westermann donnaw@southoldtownny.eov Re: Area Variance Application of 16125 Soundview Reality LLC 16125 Soundview Ave, Southold, NY 11971 SCTM#1000-050.00-02.00-019.000 To the Members of the Zoning Board of Appeals: I/We reside in the community near the property owned by 16125 Soundview Realty LLC. I/We are aware of the request for a bluff setback variance for the construction of an accessory swimming pool for their family. I/We believe that the proposed construction will be in character with the other houses in the Soundview community and will not result in any adverse impact on our neighborhood. We have no objection to the granting of said variance. By: James Gianopulos 830,9801 1120 Soundview Ave Ext ( Southold, NY 11971 Fuentes, Kim From: Martin Finnegan <mfinnegan@northfork.law> Sent: Friday, September 9, 2022 3:47 PM To: Fuentes, Kim Cc: Sakarellos, Elizabeth;Westermann, Donna;Annalise Schweit r Subject: [SPAM] - Re:ZBA 16125 Soundview Realty#7670 p x �04Ro OF Kim, APPF/_1LS To address the concerns raised by the neighboring landowner's sister, my clients have accepted the Board's suggestion to reduce the size of the pool to 1602 which will pull the pool back an additional 8 feet from the top of bluff. The pool is otherwise placed in a conforming location as indicated on the survey and confirmed by the Notice of Disapproval. As mentioned at the hearing,there is no apparent justification for excavating and relocating the existing sanitary system and as such,the vertical configuration will remain. The location of mechanicals is noted on the survey and fencing will be installed to code. We will request that the surveyor update the site plan to show the reduced pool size but I am not confident that can be done before the special meeting next Thursday. Please let me know if you or any members of the Board have any questions. Regards, Martin MARTIN D.FINNEGAN,ESQ. FINNEGAN LAW P.C. 13250 Main Road P.O. Box 1452 Mattituck,New York 11952 T 631.315.6070 C 516.298.5384 rn C.i.n...-n 9gg11 a northfork.1aw www.northfork.law CONFIDENTIALITY NOTICE:The information contained in this e-mail and any attachments may be legally privileged and confidential.If you are not an intended recipient,you are hereby notified that any dissemination,distribution or copying of this e-mail is strictly prohibited.If you have received this e-mail in error,please notify the sender and permanently delete the e-mail and any attachments immediately.You should not retain, copy or use this e-mail or any attachment for any purpose,or disclose all or any part of the contents to any other person.Thank you. From: "Fuentes, Kim" <kim.fuentes@town.southold.ny.us> Date:Thursday, September 8, 2022 at 4:10 PM To: Martin Finnegan <mfinnegan@northfork.law> Cc: "Sakarellos, Elizabeth" <elizabeth.sakarellos@town.southold.ny.us>, "Westermann, Donna" <donnaw@town.southold.ny.us> Subject: ZBA 16125 Soundview Realty#7670 1 Hi Martin, The ZBA adjourned this matter to September 15. Did you wish to make any changes? Did you send us prior comps? Kim E. Fuentes Board Assistant Zoning Board of Appeals Coordinator, Historic Preservation Commission 631-765-1809 kim&`southoldtownny.gov Location: 54375 Main Road Mail:P.O. Box 1179 Southold, NP 11971 z J APPEALS BOARD MEMBERS �OSU�FQ��-C Southold Town Hall Gerard P. Goehringer, Chairman ,`y� �G� 53095 Main Road James Dinizio,Jr. a P.O. Box 1179 Lydia A.Tortora C Southold,New York 11971-0959 Lora S. Collins � • !� ZBA Fax(631)765-9064 George Horning �JQl 41 �a0 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 FACTS/DESCRIPTION: 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 100-338.4, 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 16102' 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 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. RESOLUTION/BOARD 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. c _ l Page 3—August 15, 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 7/18101 surrey 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 entire width 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. No 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 Y THE SOUTIiGLD TO��'i3 CLQ= Approved for Filing DATE E_1d`101 HOUR",/`PM Town erk, Town c 0� SOU Office Logation: � Ty�IO Y Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 1197E Gam. • y0� Southold,NY 11971-0959 MUM`t,�� 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 r 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 Coordinators 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 and 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 267-0)(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 1 ZBA FILE##6237-George Yatrakis CTM 1000-51-1-14 6. Town Law Section.267-b. Grant of the variance relief is the minimum action necessary and adequate to enable the applicantsto 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�Clai n), 0' , Ion and Heider. (Absent was Member Weisman). This Resolution was dulyopted (4-0) . E REGIVD GE GOEHRINGER,CHAIR AN 51, !2009 J U N , 2 `2009 ovthol�{ Town Clerk BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson *OF SO�ry 53095 Main Road-P.O.Box 1179 ,`O� �!� Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.GoehringerCA Town Annex/First Floor,Capital One Bank George Horning �pQ 54375 Main Road(at Youngs Avenue) Kenneth Schneider ��yCOUNTI Southold,NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALSTQq f O " S TOWN OF SOUTHOLD JUL — 1 2014 Tel.(631)765-1809-Fax(631)765-9064 FINDINGS,DELIBERATIONS AND DETERMINATION %thol4Clerk MEETING OF.TUNE 19,2014 ZBA FILE: 6750 NAME OF APPLICANT: Nitin P. Desai&C. Barsi,LLC SCTM# 1000-51-01-15 PROPERTY LOCATION: 18915 Soundview Avenue(adj.to Long Island Sound), Southold,NY 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 April 22, 2014 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 May 27, 2014. 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. PROPERTY FACTS/DESCRIPTION: Subject property is located in the R40 zone district and is non-conforming with 29,373 sq. ft. of which 19,194 sq. ft. is buildable area. It is improved with a one story frame dwelling and accessory shed and gazebo, these structures are to be removed. It has 100.00 feet along Soundview Avenue, 202.79 feet along the western property line, 100.96 feet on Long Island Sound and 302.51 feet along the eastern property line as shown on the survey dated October 25, 2013, last revised April 9, 2014, prepared by Saskas surveying. BASIS OF APPLICATION: Request for Variance from Article XXII Section 280-116 and the Building Inspector's March 25, 2014, amended March 31, 2014 Notice of Disapproval based on an application for building permit for demolition of an existing single family dwelling, sheds and gazebo, and construction of a new single family dwelling, accessory garage and accessory in-ground swimming pool, at; 1) less than the code required setback of 100 feet from the top of bluff for the accessory in-ground swimming pool. RELIEF REQbESTED: The applicant requests a variance to construct a proposed 16 foot by 32 foot in-ground swimming pool at 75 feet from the top of the bluff where the code requires a minimum setback of 100 feet from the top of the bluff, as shown on the Survey/Site Plan prepared by David Saskas, L.S., last revised April 9, 2014 to show building to be removed. ADDITIONAL INFORMATION: The existing one story dwelling and one story frame building exist within the 100 foot top of bluff setback and are proposed to be demolished and removed. A new two story dwelling and l Page 2 of 3—June 19,2014 ZAB#6750—DesaiBarsi SCTM#1000-51.1-15 detached one story garage are proposed at code conforming top of bluff setbacks. This proposed redevelopment of the parcel will bring it into more conformity with the code. Suffolk County Soil and Water was requested to conduct an evaluation of the parcel with respect to the proposed construction and, in a letter dated June 12, 2014, it had stated that it had found the property suitable for the current proposal. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 5,2014 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 k267-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. In-ground swimming pools are characteristic to this residential neighborhood and the two adjoining parcels each have an in-ground swimming pool with non- conforming top of bluff setbacks. 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 new dwelling is proposed at a code conforming 100 foot top of bluff setback, therefore any proposed construction between the new dwelling and the top of bluff will require a top of bluff setback variance. If the applicant were to move the proposed pool, new dwelling and garage to the south so that the proposed pool could have a conforming top of bluff setback, then the proposed garage would require a front yard setback variance relief of approximately 25 feet or 62%, which would be more substantial than the requested top of bluff setback variance for the proposed in-ground swimming pool. 3. Town Law§267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 25%relief from the code. However, the design of the overall site redevelopment will provide an improvement to the physical and environmental conditions through a net reduction in the property's existing degree of nonconformance with respect to the top of bluff setbacks of the existing dwelling and frame building. 4. Town Law 4267-b(3)(b)(4) o 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. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. Because the property could be redeveloped without the benefit of an in-ground swimming pool, the variance relief necessitated by the proposed pool is self- created. 6. Town Law $267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of constructing an in-ground swimming pool having a 75 foot top of bluff setback, 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 Schneider, seconded by Member Goehringer, and duly carried,to GRANT the variance as applied for, and shown on the Survey/Site Plan prepared by David Saskas, L.S., last revised April 9,2014 to show building to be removed. CONDITIONS: 1. A 15 foot wide Non-Turf Buffer shall be installed as per the Survey/Site Plan. 2. Pool mechanicals shall be placed is a sound deadening enclosure. Page 3 of 3—June 19,2014 ZAB#6750—Desai/Barsi SCTM#1000-51-1-15 3. Drywell for pool de-watering shall be installed. 4. Construction methods shall follow the recommendations described in a letter from Suffolk County Soil& Water dated June 12,2014. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, .such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Goehringer, Dantes. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing 6 /, /2014 BOARD MEMBERS $®Ujy® Southold Town HaII Leslie Kanes Weisman,Chairperson 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. Ol 54375 Main Road(at Youngs Avenue) Nicholas Planamento ycQOnfi`I,� Southold,NY 11971 RECEIVED http://southoldtownny.gov 16 AKA ZONING BOARD OF APPEALS TOWN OFSOUTHOLD JUL - 4 200 19 Tel.(631)765-1809•Fax(631)765-9064 �• y`Q 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 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 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 stones. 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 #7295,Murphy SCTM No, 1000-135-1-7 The increase in size(percent cover) of structures is not supported. The closest setback to the CEHA 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 I/A 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 a 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 0. Heil, L.S., last revised April 12, 2018 to indicate the Coastal Erosion Hazard Line. BASIS OF APPLICATION: Request for Variances from Article 111, 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. SSCTM41000-135-1-7. Page 3,July 18,2019 #7295, Murphy SCTM No. 1000-135-1-7 RELIEF REOUESTED: 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 FACT/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(3)(b)(1). 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 the Page 4,July 18,2019 #7295,Murphy 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 &267-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 cuiTent 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 Law§267-b. 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 Bounds 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 revegetation and stabilization of the bluff. 4. The applicant shall install an Advanced I/A 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 #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 a possible denial by the Building Department of a buildingpermit, 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) AKKanes eisman - Chairperson Approved for filing /4� /2019 BOARD MEMBERS O��OF s0Upl 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 ® �O Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento ycoU +� SouthoId,NY 11971 RECE1 VE® http://southoldtownny.gov p Q;�,,_1 1�;l 1TV1 A ZONING BOARD OF APPEALS Ol '�D DEC 2 6 2019 TOWN OF SOUTHOLD ^: �� Tel.(631)765-1809-Fax(631)765-9064 l.L Sou old 'Town Clerk FINDINGS, DELIBERATIONS AND DETERMINAI ION MEETING OF DECEMBER 19, 2019 ZBA FILE: 7304 NAME OF APPLICANT: Florence Vasilakis,Alexander Vasilakis and Demetrios Vasilakis PROPERTY LOCATION: 21625 Soundview Avenue, Southold,NY SCTM#1000-135-1-6 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type H category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 thru A14-25, and the Suffolk County Department of Planning issued its reply dated April 10, 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 July 30, 2019. Based upon the information provided on the LWRP Consistency Assessment Form submitted as the records available, it is recommended that the proposed action is INCONSISTENT pursuant to Policy 4.1 which seeks to minimize any potential loss from flooding and erosion hazards in proximity to Coastal Hazard Areas. The LWRP Coordinator further informs the Board that in 2009,the Board of Trustees issued a permit(7178)for a replacement seawall and stone armoring due to wash-outs and erosion of the bluff as a result of storm damage, and that historical storm events have eroded land areas in this stretch of coastline at accelerated rates resulting in repeated property damage. The swimming pool placement in this vulnerable area, located 65 feet from the top of the bluff, is highly susceptible. However, with the conditions imposed herein, adverse environmental impacts will be mitigated and therefore the Board finds the application consistent with the LWRP. SOIL AND WATER CONSERVATION DISTRICT: At the request of the Board a site visit was conducted on May 22; 2019 with a review and evaluation issued on May 30, 2019 relating to the subject parcel. It was noticed that the yard landward of the bluff was recently planted with turf grasses. The yard gently slopes away from the bluff. The bluff has recently been regraded, vegetated, and a new bulkhead installed. The selected grasses are appropriate for stabilization. As the vegetation continues to establish this portion of the bluff continue to stabilize, however the neighboring parcel to the East has not yet remediated issues and the adjacent parcels are bare and currently eroding. Based on observations and considerations of the topography during site evaluation,there are no concerns regarding the bulkhead. Also noted was the sprinkler system at the top of the bluff causing concentrated Page 2,December 19,2019 #7304,Vasilakis SCTM No. 1000-135-1-6 flow and gully erosion as excess water is cresting over the bluff. The sprinklers at the top of the bluff should be eliminated, adjusted, or changed to eliminate any water cresting over the bluff. Additionally,there appears to be a damaged underground irrigation pipe in the front yard evident by ponding which can lead to greater issues. The proposed location for the pool is gently sloping away from the bluff face in the rear yard. The site plans for the proposed pool do not include any considerations for the pool accessories or backwash/overflow. It is customary practice to install a drywell dedicated for the pool for instances of occasional drainage for maintenance and overflow. Not having proper means to capture pool water can cause issues to the foundation of the dwelling due to the close proximity and cause lateral seepage to the bluff face. Similarly, drywells for rooftop runoff from the dwelling were not evident at the time of inspection, PROPERTY FACTS/DESCRIPTION: The subject property is a nonconforming 29,563 sq. ft. parcel located in the 'Residential R-40 District. The northerly property line measures 83.63 and dips southerly 54.23 feet totaling 221.49 feet along the high water mark along the Long Island Sound, the easterly property line measures 193.59 feet, the southerly property line measures 173.08 feet and runs adjacent to Sound View Avenue and the westerly property line measures 154.51 feet and then juts northwest 53.93 feet totaling 367.95 feet. The property is improved with a two-story wood framed dwelling and two existing wood decks and patios on both sides of the residence to the west and to the east side in the rear yard. There is a concrete and stone barbeque located on the east side of the property along with a wood framed shed (12.3 feet by x 12.3 feet) also on the east side of the property located 8.9 ft. from the easterly property line. All as shown on the-survey map prepared by Nathan Taft Corwin, III, LS, last updated March 12,2019. BASIS OF APPLICATION: Request for Variance from Article III, Sections 288-15, Article XXII, Section 280- 116A(1) and the Building Inspector's February 11, 2019, Amended March 14, 2019 Notice of Disapproval based on the application to construct an accessory swimming pool; at 1) located in other than the coda permitted rear yard; 2) located less than the code required 100 feet from the top of the bluff; located at 21625 Soundview Avenue, (Adj.to the Long Island Sound)Southold,NY. SCTM#1000-135-1-6. RELIEF REQUESTED: The applicant requests a variance to construct an accessory in-ground swimming pool. The proposed construction, on this nonconforming 29,563 sq. ft. parcel in the Residential R-40, 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 the bluff. The survey shows the proposed construction at 65 to 71 feet from the top of the bluff. Furthermore,the swimming pool is not permitted pursuant to Article III, Section 280-15, which states accessory building and structures shall be located in the required in rear yard, or in case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front yard setback requirements. The swimming pool is proposed to be located in the side yard. ADDITIONAL INFORMATION: During the first Public Hearing the applicant was asked if he could relocate the proposed swimming pool to a location with more conformity to the code required bluff setback. The applicant stated that the reason for the location of the proposed swimming pool was to center the pool in between the two patios in the rear yard so the children using the pool could be safely monitored from both of the two residential units in this legally existing two-family dwelling. residences. Because of discrepancies in the Building Department records, it was unclear whether the two-family dwelling was legal. On November 22, 2019, the Town's Building Inspector inspected the site and informed the Board that, in fact, the structure is a legal two-family dwelling. The Building Department's reasoning for determining that the pool is located in the side yard is because of its proposed placement in relation to the existing patios which are considered part of the dwelling. i . 1 Page 3,December 19,2019 #7304,Vasilakis SCTM No. 1000-135-1-6 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 5,2Q19 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 5267-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 existing house predates.the existing code that requires that a structure be located with a 100 ft. setback from the top of the bluff. ;Tho house was'constructed 106 feet to the bulkhead when it was then zoned. A new bulkhead was installed in 2018. Sound front pools are common in this area. The adjoining properties are setback closer to the bluff than the subject property and the Board has granted a number of variances along Soundview Avenue. 2. Town Law 5267-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. As previously stated,the applicant prefers that the pool be centrally located between the two existing patios in the waterside rear yard,in order to safely monitor the children and to create equal access for both units within the existing two-family dwelling. 3. Town Law 5267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 35%relief from the code for the distance from the top of the bluff, and 100% relief from the code for the side yard location. However, the "technical" side yard location is in actuality a rear yard location and the proposed pool will not be seen from the street. Additionally, there are other non-conforming bluff setbacks along Soundview that are closer to the bluff than the distance being proposed by the applicant. 4. Town Law 5267-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 and the conditions imposed herein will mitigate any adverse impact to the bluff. i 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The;applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 5267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a 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,Iseconded by Member Planamento, and duly carried,to GRANT the variances as applied for, and shown on the survey map prepared by Nathan Taft Corwin, III, and dated March 12,2019. SUBJECT TO THE FOLLOWING CONDITIONS: ' i 1. Swimming Pool mechanicals shall be placed in a sound deadening enclosure. 2. A drywell for pool de-watering and capturing roof runoff shall be installed. 1 Page 4,December 19,2019 #7304,Vasilakis SCTM No. 1000-135-1-6 3. The applicant shall establish stormwater run-off and erosion controls as described in the Suffolk County Soil and Water Conservation District correspondence of May 30,2019,which consist of a) Adjustment or removal of the sprinkler system to do no further harm to the top of the bluff; b) Remediation relating to the damaged underground irrigation pipe in the front yard where ponding occurs. c) Installation of drywells to capture all roof and stormwater runoff,if not already installed. 4. The applicant shall submit a survey showing the location of the installed drywell(s)for pool dewatering and roof runoff and the-location of the pool mechanicals That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any, deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)_granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when .involving nonconformities under the zoning code. This action does,not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. 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);Acampora,Planamento and Lehnert. (4-0)(Member Dantes absent) Leslie Kanes Weisman, Chairperson Approved for filing IR IP-3 /2019 Southold Neighbor/16125 Soundview Avenue Variance Request Submitted by:Susan Petrie, 16215 Soundview Avenue L.F02 Dear Southold Town Board Members and Trustees, My name is Susan Petrie and my family has had a home immediately to the East of 16125 Soundview at 16215 Soundview Avenue for 45 years. Our house and land is deeply personal and special to us all. The serenity, nature, beauty and local community are all factors that keep us coming back generation after generation. We all want to maintain the integrity of the I_I shoreline, and as such want to discuss the submitted variance and some of our concerns. We noticed the survey for 16125 Soundview Avenue seems to be missing some pertinent information. It does not include a plan that reflects the actual conditions along the East property line. It incorrectly lists wrong owner to the East and West, is missing a scale and North arrow or orientation. The pool edge as shown is only 12' from the property line, meaning it's much closer to the East property line. The variance documents and site plan do not reflect security fencing and surrounding pavement around the pool perimeter which would encroach towards the setback. This is crucial. As noted, the pool as shown in the current plan is less than 60' from the top of the bluff and 12' from our property line. The town code states the pool should be 100' from the bluff and 20' from our property line. Regarding environmental conditions and local ecosystem: The bluff, is eroding at a rapid pace, as seen by these photos (show images). The disruption of the land can increase the potential for erosion and damage to the wetlands can physically alter the appearance and stability of the cliff that is already in jeopardy. For example, how will the additional runoff from this project be handled? No grades or elevations are shown, and we are concerned that additional runoff would drain not only towards our property, but more importantly towards and over the vulnerable.bluff. This project changes a turf back yard condition into an impervious condition, and runoff will increase. 617.20/Appendix B "Short Envionmental Assessmenf Form" includes boxes to that seem to be incorrectly checked: For example, Item 15, "does the project area contain species listed as state or federally threatened" is checked no. This property and many surrounding it around the Horton Point lighthouse contain critical habitat for protected species including ospreys, hawks, migratory birds and owls that live and feed.off the bluff; species that are known to be vulnerable to construction impacts. Strong consideration regarding the potential impact to the integrity of not just the wildlife but the bluff is detrimental as an undesirable change will affect the overall character of the land and surrounding wildlife.' Our property line contains many indigenous large trees that could have root zones seriously impacted by construction trucks, concrete trucks, and excavation equipment required to excavate the in-ground pool. We recommend that should the variance be granted that construction access be along West side of the residence only. Another recommendation for a conforming pool location is to reposition and resize it with the long side parallel to the residence and moving it slightly West. If the dimensions of the pool are changed to 16' x 32', you gain footage from the bluff and on the sides of the structure (i.e. from less than 60' to approximately 80' from bluff). By moving the septic system to the West, 5 ' from the Western property line (allowing for the required 20' from the pool) and the Utility area to the West the distance would increase the bluff footage setback and lessen the setback issue to our property. While the supplied survey shows a rough drawing of the pool, it does not include the following that need to be factored into the overall construction and space variables: • Speaker system: will this be part of the plan • Lighting: what additional lighting will be included other than what is shown? • Fencing: should require a fence that is at least 8' in height for safety, noise reduction and protection from small children and pets/animals • Pavers: what concrete/material will be surrounding the pool? • Utility (pumps, heaters, etc.): where is this positioned? • How many feet is the current pool from our (East) property line? • Water Source: What is the water source to and from the pool? How does the wastewater drain and where? How is the pool being filled and emptied? The current drought situation should be considered as our respective water wells are in close proximity. The variance application overstates the existing vegetation screening and privacy landscaping. This can be seen by reviewing updated photos (taken yesterday) that show the deterioration and lack of planting. Our Southold property means everything to us, and we would like to work together with our neighbors and the community to find a common ground. We feel our concerns can be and should be mitigated by more careful site planning, screening and construction access. Thank you for your time and consideration. — Susan Petrie �I � fzz Southold Neighbor/16125 Soundview Avenue Variance Request Submitted by: Susan Petrie, 16215 Soundview Avenue Gn ' g SEP 2022. Dear Southold Town Board Members and Trustees, '2�0NJ"VGBOARD OFAPPEALS My name is Susan Petrie and my family has had a home immediately to the East of 16125 Soundview at 16215 Soundview Avenue for 45 years. Our house and land is deeply personal and special to us all. The serenity, nature, beauty and local community are all factors that keep us coming back generation after generation. We all want to maintain the integrity of the LI shoreline, and as such want to discuss the submitted variance and some of our concerns. We noticed the survey for 16125 Soundview Avenue seems to be missing some pertinent information. It does not include a plan that reflects the actual conditions along the East property line. It incorrectly lists wrong owner to the East and West, is missing a scale and North arrow or orientation. The pool edge as shown is only 12' from the property line, meaning it's much closer to the East property line. The variance documents and site plan do not reflect security fencing and surrounding pavement around the pool perimeter which would encroach towards the setback. This is crucial. As noted, the pool as shown in the current plan is less than 60' from the top of the bluff and 12' from our property line. The town code states the pool should be 100' from the bluff and 20' from our property line. Regarding environmental conditions and local ecosystem: The bluff is eroding at a rapid pace, as seen by these photos (show images). The disruption of the land can increase the potential for erosion and damage to the wetlands can physically alter the appearance and stability of the cliff that is already in jeopardy. For example, how will the additional runoff from this project be handled? No grades or elevations are shown, and we are concerned that additional runoff would drain not only towards our property, but more importantly towards and over the vulnerable,bluff. This project changes a turf back yard condition into an impervious condition, and runoff will increase. 617.20/Appendix B "Short Envionmental Assessmenf Form" includes boxes to that seem to be incorrectly checked: For example, Item 15, "does the project area contain species listed as state or federally threatened" is checked no. This property and many surrounding it around the Horton Point lighthouse contain critical habitat for protected species including ospreys, hawks, migratory birds and owls that live and feed.off the bluff; species that are known to be vulnerable to construction impacts. Strong consideration regarding the potential impact to the integrity of not just the wildlife but the >: C: "'.•tic -+�', - t � � r'h �'!1_ �.?i,'r �� -+ti.� r' Ai�Y.T�` '� Mlj �,i •y,� r'�'' `fir. y� �t�';s"S �z� �i"s� ?.. ' Yom.. R/' �`.• � ..�'� i�~� � �� v.. •!� r¢. .r Y 1 � �^•� ,">r'^ f r/ � \•`\ '�fes{,,. w. 5 AL 41 tiIce MIR& r� vr, A!"Q s'�. 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(Name of Applicaht/Ownez) :1 Vic;t���tc tp�,att t1C :SCTItii No: "7" LOOQ (Address of Property) (Section.. Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner,('v/)Agent MARTIN D. FINNEGAN, ESQ. " 13250 MAIN ROAD, MATTITUCK, NY 11952 • �_at ._ New York, being•duly sworn, deposes and says that: On the 11th. day of AUGUST ,2022,I personally mailed.at the United States, o"stOffice in CUTCHOGUE „ New York;,by..CERTIFIED:IVI�IIL, RETTRN RECEIPT REQUESTED., a true copy of the attached Legal.Notice-in prepaid`erivelopes addressed to current property owners shown'.on the current.assessmentFroll Verified.from the official records on file with the M Assessors, or:( }.County.Real Pr ,gperty Office, for every property which abuts:and is across a public or.private street,or vehicular fight-of-way of record, surrounding the ap ' ant's prop e y. I (Signature) Sworn to before me this _.1 Ith day of AUGUST 22022 SCHWEITZER ANNALISE NOTARY PUBLIC-STATE OF NEW YORK NO.01SC6409457 64, QUALIFIED IN SUFFOLK COUNTY (Notary Public} W COMM SSION EXPIRES SEP 28,20.?� ---------------------- PLFASElist on the back of this Affidavit or on a sheet of paper, the lot numbers next ---.to-the.o�vner--names..and addresses.for-which.notices...were_mai.led...................._ ..__ All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. r • —ac-it;,DEFF COXWVTE-THIS SECTION COMPLETE THWTION ON DELIVERY e ■ Complete items 1,2,and 3. A. Signature ^ ■ Print your name and address on the reverse X�� so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. (3- 11 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes -- — - - If YES,enter delivery address below: ❑No alelen Sogoloff 1 Gracie Square, 4th Floor New York, NY 10028 I II I IIIIII IIII III I II II I IIII I III(IIII I III I II I III Service Type ❑Priority Mail Expresso El ❑Adult Signature ❑Registered MaiITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted XCertified Mail@ Delivery 9590 9402 7156 1251 9015 54 ❑Certified Vail Restricted Delivery ❑Signature ConfirrnationTM ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service label) --_ — ❑Collect on Delivery Restricted Delivery Restricted Delivery ;ured Mail ! '17021 1t 87201,0 Q!q 1 -1452'3. 3 4 4;1 t 3ured Mail Restricted Delivery ier$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt-1 Ell.:COMPLETE TH18 SECTION COMPLETE THIS SECTION ON DELIVERY ; ■ Complete items 1,2,and 3. A. Sig ure ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. 441111 Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes George H. Lind If YES,enter delivery address below: E]No 1290•Soundview Ave Ext. Southold, NY 11971 II 3. Service Type ❑Priority Mail Expresso I IIIIII IIII III I II II I IIII I III IIIIII I II IIII III ❑Adult Signature ❑Registered MOT" ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted Certified Mall® Delivery 9590 9402 7156 1251 9015 78 ❑Certified Mail Restricted Delivery ❑Signature Confirmation""' ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery Insurdd Mail 7.0 21. 2720 0001. P 5 2 311342,7 P I(over$5 0)il Restricted Delivery II.: I jIIIi I PS Form 381 1,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt I L(f{�'.r:/alt.14•:W4.:]'aL.Lh�9..1'W.[�WN���E.11s4 L'�'.4Y.�+"I•.. Nf+olt, J: 10 'It'll'2 -;is • 'rw� I it Y h •. -t+,+..s•wt:;rc t::r c:�::vaa.•��-;e.�'egr�.��r:.�'?rt+F�*fr Postal Postal Service ■ ■ ■ MAILP RECEIPT L' 1. I I, Domestic 1nlY m .- •,. . C�rf�� f' 1�: ' I of �!: try. , �� � � ;.. � I rTI �':;f u 1 ,» ai t. `.:w vr`.),.. 'mmx •t4 �"# � °)":t4' •;11tQ ! � xj it 'l �w3: �a';✓ i...Y. rU Certified Mall-Fee fTlI' x` � _ in �4,1 11-! 1 '. fU Certified Mail Fee �. $ • 193 Extra Services&Fees(check box,add fee a pk1? ) r• '4 Ln $ ❑ $ ees(checkbox,add ree asReturn Receipt(hardcopy) ra!}P!o r19re1 >� 1._I IJ_ 'r El Return Receipt(electronic) $ -_I V _ mark'•., ❑Return Recelpt(hardcopy) $ k i I i ti t t V Postmar ❑ O Certified Mail Restricted Delivery $ . - , are E]Return Receipt(electronic) $ In _ -:ate% 'i/) C3 E]Adult Signature Required $ - CL r [:]Certified Mail Restricted Delivery E]Adult Signature Restricted Delivery$ s.s y, � t C] E]Adult Signature Required fia J Nr f!Postage 'y. 'vJ -' ❑Adult Signature Restricted Delivery$ .;};!;,)-.;-'.t;+:\•- / r` $ 11 i a l C3 Postage ru 1.1tQ :'k;• .kv'"' / E//// Total Postage and Fees 1! �,!• $ 9L+- $ + fi S Total Postage and Fees / Catherine M. Duffy __-. $ enrro. ` Sent To'.' �• I siFeeia Helen Sogoloff 1 2160 Michelle Drive C3 Sfieef sne - 1 Gracie Square, �••J 4th Floor i Ciry sr� Brookfield, WI 53045 i New York, NY 10028 City'State' ' • Postal Service"' CERTIFIED MAILP RECEIPT CERTIFIED . ■ M Domestic Mail Only rij Domestic Mail Only M -I y ^ ...z s, !u li a r = rn So) o dy1. Y11J71if M l w< 1, t, µE M -km rlLlCertified Mail Fee t.1 ril=l y( • ru Certified Mail Fee ! .r $ in Extra Services&Fees(checkbox,add fee a�pprpR ) J _ ` $ r r93 F-1 Return Receipt(hardcopy) $ �_r•t-' U t Extra Services&Fees(check box,add fee as�pp� h!�e)• . ry •\ ❑Return Receipt(electronic) $ !1„Qfl r ' Q ❑Return Receipt(hardcopy), $ (t r 1! J-3 ❑Certified Mail Restricted Delivery $. fl-!f f! HBrB ❑Return Receipt(electronic) $ t I f..f)1! POS '''�"� Certified Mall Restricted Dellyery $ 1 V {. O `]Adult Signature Required $ /❑ I�.fl f.' rna) []Adult Signature Required $ 4 �r ❑ []Adult Signature Restricted Delivery$ - '�► � �' Posta e Signature Restricted Delivery$. �y',Iv PostaSp�,,; O Postage ru .1:!?� r•U Total Postage an - — -- ' r`- �2 Total Postage and Fee wa �� $ A. Petrie 2017 Revocable Trt � $ �•�.w;� ru Sent I C/O Robert S. Petrie, Trustee sanfro 1 C3 entT--- ru George H. Lind :�:_:.__ M1 Street andApt!Va' 709 Hollow Road Siieef ai Ciry Staee;ZlP+4 1 Radnor, PA 19087 4 1290 Soundview Ave Ext. C Ciiy sea i Southold, NY 11971 PostalServiceTMCERTIFIED MAIL@ RECEIPT1 47 Domestic • I-A C3 For delivery information,Visit Our at www'.USPS.Corne. site IY , 35 f �Y,7� .`•�� AVV..) ..,r_.r"+. Certified Mail Fee ed � $ 4.f�fl pry Iq , V�. s Extra Services&-Fees(check box,add/ae s`8pete) ❑Retum Receipt(hardcopy) $ •I I„f_Iry I! rl ❑Retum Receipt(electronic) . $ $171 171171 o Post ark O ❑Certified Mail Restricted Delivery $ d ❑Adult Signature Required . $. 'if_I,1�I1--! Q ❑Adult Signature Restricted Delivery$ "`- rj Postage 'sf1,u 4 ��f ru $ .. (' fie/1, {2f 122 r- Total Postage and Fs flcf rU $, � Sent To Do ,SAS �>e o ti - � Street a dA t .' 3 1 s��_ satra�e._D�t� 40 ------------ ------ Cit�- re,�+a® , - , 1 . FINNEGAN LAW, P.C . 6) 13250 MAIN ROAD �� P.O. BOX 1452 MATTITLICK,NEW YORK 11952 (631) 315-6070 MARTIN D. FINNEGAN, ESQ. MFINNEGANQNORTHFORK.LAW Via USPS Regular Mail August 11, 2022 Town of Southold Zoning Board of Appeals Attn: Kim Fuentes Post Office Box 1179 Southold, NY 1,1971 Re: Southold Zoning Board of Appeals Variance Application Owner: 16125 Soundview Realty, LLC Premises: 16125 Soundview Avenue, Southold, NY 11971 SCTM #: 1000-050.00-02.00-019.000 Dear Kim: With respect to the above-referenced matter, enclosed please find the original Affidavit of Mailing along with the mailing receipts for filing with your office. If you have any questions regarding the enclosed, please feel free to contact me. Thank you for your attention to this matter. Very truly yours, Martin innegan MDF/as Encl. s MAILING LIST ZONING BOARD OF APPEALS VARIANCE APPLICATION&PLIBLIC HEARING 16125 SOUNDVIEW REALTY LLC 16125 SOUNDVIEW AVENUE,SOUTHOLD,NY 11971 -SCTM 1000-050.00-02.00-019.000 (AGRICULTURAL) 50.-5-1 - 2000 Lighthouse Rd George H. Lind 1290 Soundview Ave Ext. Southold, NY 11971 50.-4-6 - 15975 Soundview Ave George H. Lind 1290 Soundview Ave Ext. Southold, NY 11971 50.-2-16.1 - 16125 Soundview Ave Jane A. Petrie 2017 Revocable Trust C/O Robert S. Petrie, Trustee 709 Hollow Road Radnor, PA 19087 50.-2-18.1 - 1305 Soundview Ave Ext Helen Sogoloff 1 Gracie Square, 4th Floor New York, NY 10028 50.-5-2 - 16000 Soundview Ave Catherine M. Duffy 2160 Michelle Drive Brookfield, WI 53045 MAILING LIST ZONING BOARD OF APPEALS VARIANCE APPLICATION & PUBLIC HEARING 16125 SOUNDVIEW REALTY LLC 16125 SOUNDVIEW AVENUE,SOUTHOLD, NY 11971-SCTM 1000-050.00-02.00-019.000 (AGRICULTURAL) 50.-5-1 - 2000 Lighthouse Rd George H. Lind 0 1290 Soundview Ave Ext. Southold, NY 11971 50.-4-6 - 15975 Soundview Ave George H. Lind 1290 Soundview Ave Ext. Southold, NY 11971 50.-2-16.1 - 16125 Soundview Ave jane A. Petrie 2-017 Reveeable Tr-usi C;/() Robert S. Petrie, Trustee 709 Hallow Re a RadneFP-A19087 Douglas Petrie 12175 Laurel Terrace Drive Studio City, CA 91604 50.-2-18.1 - 1305 Soundview Ave Ext Helen Sogoloff 1 Gracie Square, 4th Floor New York, NY 10028 50.-5-2 - 16000 Soundview Ave Catherine M. Duffy 2160 Michelle Drive Brookfield, WI 53045 FINNEGAN LAW, P.C. 13250 MAIN ROAD P.O. BOX 1452 MATTITLICK,NEW YORK 11952 (631) 315-6070 MARTIN D. FINNEGAN, ESQ. MFINNEGAN@NORTHFORK.LAW Via USPS Regular Mail August 24, 2022 Town of Southold Zoning Board of Appeals Attn: Kim Fuentes Post Office Box 1179 Southold, NY 11971 Re: Southold Zoning Board of Appeals Variance Application Owner: 16125 Soundview Realty, LLC Premises: 16125 Soundview Avenue, Southold, NY 11971 SCTM #: 1000-050.00-02.00-019.000 Dear Kim: With respect to the above-referenced matter, enclosed please find the original Affidavit of Posting for filing with your office. Also enclosed are the green cards we have received to date, and one (1) additional certified mail receipt. If you have any questions regarding the enclosed, please feel free to contact me. Thank you for your attention to this matter. Very trul T s, Mart . Finnegan MDF/as Encl. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS �. SOUTHOLD,NEW YORK �� ('blas S�Ulnc4cn� t AFFIDAVIT LLQ OF In the Matter of the Application of: POSTING a< (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK I MARTIN D. FINNEGAN, ESQ. with�an offfat 13250 MAIN ROAD, MATTITUCK New York, being duly sworn, depose and say that: I am the"( ) Owner or M Agent for owner of the subject property On the 23rd day of AUGUST ,2022, I personally placed the Town's Official Poster on subject property located at: 16125 SOUNDVIEW AVENUE SOUTHOLD, NY 11971 The poster shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed fo iod of not less than seven days immediately preceding the date of the public hearin SEPTEMBER 1st, 2022 (Owner/Age <gnature) WSw, n to before me this 24th Day of AUGUST , 2022 (I�'otary Public) SCHWEITZER ANNALISE NOTARY PUBLIC-STATE OF NEW YORK NO.01 SC6409457 QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES SEP 28,20 P " wxA4 ..�� �� � w+ � * ^+�'ice• � ,y ;'M �+,�"�`� �%a It r OV 6 t i��-Y�-il='y��•`cam. � A•.4.�� t��• � ��� 4��� m b v e t� x' o ' Y f q0 t.1 r p.rr� w i FLO 3892abb1-fc89-4c7d-bf6f-157faa572d24 kimf@southoIdtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 1, 2022 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold,the following"IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall,53095 Main Road, Southold, New York 11971-0959, on THURSDAY,SEPTEMBER 1, 2022: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny,gov/calendar.aspx. 10:00 A.M. - ROLAND GRANT#7669 Request for Variances under Article XV, Section 280-62C, 280-63, 280-64B and 280-64C and the Building Inspector's February 24, 2022 Notice of Disapproval based on an application to demolish existing buildings and construct a public self-storage building with an accessory apartment on the second floor and to maintain the existing 26,8 feet by 37 feet garage/storage building, at: 1) proposed storage building measuring more than the minimum permitted 60 linear feet of frontage on one street; 2)the proposed accessory apartment use is not permitted; 3) existing storage building located less than the code required minimum front yard setback of 100 feet;4) existing storage building located less than the code required minimum side yard setback of 20 feet; located at: 800 Horton Lane,Southold, NY. SCTM No, 1000-63-14 iv:1C A.ivi.-465 BRO'vV N S T REE T GRNEENPORT, LLC AIVD 711 LINNET S T REE T GREEN PORT, LLC#7674 Request for Variances under Article III, Section 280-14; Article XXIII, Section 280-124; and the Building Inspector's April 26, 2022 Notice of Disapproval based on an application for a two lot residential subdivision, at: 1) both lots having less than the code required minimum lot size of 40,000 square feet; 2) both lots having less than the code required lot width of 150 feet, 3) both lots having less than the code required lot depth of 175 feet; 4) proposed lot#2 less than the code required minimum front yard setback of 40 feet at:465 Brown Street, Greenport, NY. SCTM#1000-48-3- 20.1. 10:20 A.M.-ANTONIOS AND STELLA BINIARIS #7671- Request for Variances from Article III,Section 280-15 and Building Inspecto.r's March 22, 2022 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and an accessory garage at; 1) swimming pool is located in other than the code permitted rear yard; 2) accessory garage is located in other than the code permitted rear yard; located at: 673 Summit Drive, Mattituck, NY. SCTM No. 1000-106-1-44. I SOUTHOLD TOWN BD OF APPLS 2 i t 3 892 a bb1-fc89-4c7d-bf6f-157faa572d24 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION - The Suffolk Times 10:30 A,M. -S ERG E APPEL AND EVE BATES APPEL#7673- Request for Variances from Article XXIII, Section 280-124 and Building Inspector's March 11, 2022 Notice of Disapproval based on an application for a permit to construct additions to an existing single family dwelling; at; 1) less than the code required minimum front yard setback of 40 feet; 2) less than the code required minimum side yard setback of 15 feet; 3) less than the code required minimum combined side yard setback of 35 feet; located at: 8520 Main Road, East Marion, NY, SCTM No. 1000-31-7-4. 10:40 A.M. -JOHN AND PATRICIA STACK#7675-Request for a Variance from Article IV, Section 280-18 and the Building Inspector's May 3, 2022 Notice of Disapproval based on an application for a permit to construct additions to an existing single family dwelling; at; 1) less than the code required minimum front yard setback of 50 feet; located at: 7650 Nassau Point Road Cutchogue, NY. SCTM No. 1000-118-3-4,1. 10:50 A.M. - ELYSE JAMES AND JOHN SINNING, ETAL#7677- Request for Variances from Article III, Section 280-14 and the Building Inspector's April 6, 2022, Notice of Disapproval based on an application to permit a lot line change to create a non- conforming lot, 1) proposed lot 1,4 at less than the code required lot size of 80,000 sq. ft.; 2) proposed lot 1.4 less than the code required minimum lot depth of 250 feet; located at 5000 Paradise Point Road and 5300 Paradise Point Road, (Adj. to Peconic Bay)Southold,, SCTM Nos. 1000-81- 3-1,4. 11:00 A.M.-JOHN SMYTH AND MARGARET SMYTH#7678- Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-109-2-13.3 which has merged with SCTM No. 1000-109-2- 13.4 or 1000-109-2-13.6, based on the Building Inspector's May 10, 2019 Notice of Disapproval, which states that a non-conforming lot shall merge with an adjacent conforming or non- conforming lot held in common ownership with the first lot at anytime after July 1, 1983 and that non- conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq, ft. In the R-40 Residential Zoning District); located, at 26745 Route 25, Cutchogue, NY. SCTM Nos.1000-109-2-13,3, 1000-109-2-13.4, 1000-109-2-13.6. 1:00 P.M.-ALLISON UKLANSKA AND PIOTR UKLANSKI#7679- Request for Variances under Article XXIII, Section 280-124 and the Building Inspector's April 28, 2022 Notice of Disapproval based on an application for a permit to construct a deck addition to an existing single family dwelling, at: 1)deck located less than the code required minimum side yard setback of 10 feet;2) deck addition places the existing swimming pool in other than the rear yard; at: 55 Knollwood Lane, (Adj. to the Mattituck Creek) Mattituck, NY, SCTM#1000-107-6-12. 1:10 P.M.- LORELEI AND LEIF GOBEL #7690- Request for Variances from Article III,Section 280-15 and Building Inspector's May 27, 2022 Notice of Disapproval based on an application for a permit to legalize an "as built" accessory shed and construct a sunroom addition to an existing single family dwelling, at; 1) located in other than the code permitted rear yard; 2) reverse a prior variance condition on Appeal No, 5696 i SOUTHOLD TOWN BD OF APPLS 3 i I 3892abb1-fc89-4c7d-bf6f-157faa572d24 kimf@so utholdtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times that requires the deck to remain open to the sky; located at: 1100 North Sea Drive, Orient, NY. SCTM No. 1000-15-3-38. 1:20 P.M.- 16125 SOUNDVIEW REALTY, LLC. 7 0@Zequest for a Variance from Article XXII, Section 280-116A(1) and Building Inspector's April 13, 2022 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool at; 1) less than the code required 100 feet from the top of the bluff; located at 16125 Soundview Avenue, (Adj.to the Long Island Sound)Southold, NY. SCTM No. 1000-50- 2-19, 1:30 P.M.- DANIEL AND LINDA LYNCH#7659SE—(Adj.from August 4, 2022) 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: 2070 Grathwohl Road, New Suffolk, NY. SCTM#1000-117-2-14. 1:40 P.M.- MELISSA HOBLEY#7645—(Adj.from August 4,2022) Request for variances from Article III, Section 280-15; and the Building Inspector's February 10, 2022 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing accessory garage; at 1) located less than the code required minimum front yard setback of 40 feet; 2) located less than the code required minimum side yard setback of 15 feet; located at: 2826 Great Peconic Bay Boulevard (Adj.to the Great Peconic Bay), Laurel, NY. SCTM No. 1000- 128-6-21. 1:40 P.M. - MELISSA HOBLEY AND PAUL YAU#7646SE—(Adj.from August 4, 2022)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: 2826 Peconic Bay Boulevard (Adj.to the Great Peconic Bay), Laurel, NY. SCTM#1000-128-6-21. 2:00 P.M.- 160 ROUTE 25, LLC#7598SE—The applicant requests a special exception pursuant to Article VIII,Section 280-38 B(3), stating that special exception approval from the Board of Appeals is required to construct apartments over businesses and professional offices; consisting of four(4) buildings to contain medical offices on the first floor with forty (40) apartments on the second floor; located at 160 Route 25, Greenport, NY. SCTM No. 1000-34-2-1. 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/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 phone our office at(631) 765-1809, or by email: kimf@southoldtownny.gov. Dated: August 18, 2022 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON i SOUTHOLD TOWN BD OF APPLS 4 I l 3892abb1-fc89-4c7d-bf6f-157faa572d24 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179,Southold, NY 11971-0959 SOUTHOLD TOWN BD OF APPLS 5 i 3892abb1-fc89-4c7d-bf6f-157faa572d24 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, The undersigned is the authorized designee of The Suffolk Times, a Weekly 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: August 25,2022 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 25 day of August 2022 otary Signatur STATE OF NEW PORK ' NOTARY PUBLIC ALBANY o - Notary Public Stamp �.Jul/ ' . 5�' ' oa` ��`• SSION I SOUTHOLD TOWN BD OF APPLS 1 i BOARD MEMBERS O� soar Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes G Q Town Annex/First Floor, Robert Lelmert,Jr. �O • y0 54375 Main Road(at Youngs Avenue) Nicholas Planamento COUNTY\� 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, SEPTEMBER 1, 2022 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following "IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, SEPTEMBER 1, 2022: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownnv.qov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownnv.qov/calendar.aspx. 1:20 P.M. - 16125 SOUNDVIEW REALTY, LLC. #7670 - Request for a Variance from Article XXII, Section 280-116A(1) and Building Inspector's April 13, 2022 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool at; 1) less than the code required 100 feet from the top of the bluff; located at 16125 Soundview Avenue, (Adj. to the Long Island Sound) Southold, NY. SCTM No. 1000-50-2-19. 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/webli nk/Browse.aspx?dbid=0. If you have questions, please telephone our office at (631)765-1809, or by email:kimf@southoldtownny.gov. Dated: August 18, 2022 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 UffCIA- Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 N Southold,New York 11971-0959 }y Fax(631)765-9064 ZONING BOAR® OF APPEALS DATE: August 1, 2022 RE: INSTRUCTIONS FOR PUBLIC HEARING Dear Applicant; Pursuant to the New York State Governor's announcement lifting many COVID-19 restrictions, the Town will now resume IN-PERSON meetings that are open to the public. For those who wish to attend the meeting virtually, for health and safety reasons, we will continue via Zoom Webinar, as well. Therefore, the September 1, 2022 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND 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. Below, please see instructions required to prepare for the ZBA public hearing which includes: PLEASE READ CAREFULLY. 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 August 24, 2022. 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 adjourned 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 in person meeting,as well as video conferencing. 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 along with the mailing receipts and green cards by August 24, 2022, 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. ! Instructions for ZBA Public Heari"rs Page 2 MAILING INSTRUCTIONS: Please send by USPS C.ertifed" Mail, Return-.Receipt 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 August 12,2022. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and 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@southoldtomM.gov or elizabeth.sakarellos(Ltown.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/weblink/Browse.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 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls>2010-2021 >2021 http:Hsoutholdtownny.gov/DocumentCenterNiew/8779/FinalRoII2021-Amended RMPORTANTINSTRUCTIONS:' 7p____r Scan and email the USPS mailing receipts, green signature'.cards and .affidavits to �kimfna,sontholdtownny.gov, and ** PROMPTLY USPS MAIL** the ORIGINALS to lthe,Town of..Southold,-ZBA,.,P.O. Box 117%..Southold, NY-11971. Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter SS of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason,you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes—Board Assistant Laserfiche Instructions for Zoning Board of Appeals Records UTROLDI NEW ,--M'7W ir 4 mW A'? `1,:.:""I I.. ........ T Ilk, f 2 V 3 .,n i�ornis.FppUcwuoris�;, .. .............. Above: Homepage, Click on Link"Town Records"Weblink/Laserfiche Laserfiche WebLink MiWeb.Unk'I Help About 5 nnO,.lt Home Brome Search To,,.OfSouthold TownOfSouthold came page Template wnp 2 E",Y Properties `�Tovn C rop...... C — ToHISt.0- Path T—t— To—Mcwhoit, Creation date wI Z-m,Board of Appafs(ZBA) 5 7 5,'2014 11:5Z41 AM Paga 2 of 2 F, 1 2 Last modified 29 Entries A Metadata ft'l,waat.,a,sipm Above: -The second of two pages you will find "Zoning Board of Appeals (ZBA)" in the list of Town of Southold Departments. Click the Zoning Board of Appeals (ZBA) folder/link. r-_ Laserfiche Instructions ZBA Files Page 2 - - - ------ --- _ . - Laserfiche WehLink Home Browse Search Tov:10rYoutnold>Zoning Board ofnppeals(ZBA) Zoning Board of Appeals Name Pagecount . 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Laserfiche Instructions ZBA Files Page 4 cash�l Above: In addition searching by file no.You can also use the above search tool by typing the name or title of the applicant. Laserfiche Web Link eI A Home Browse Search C.11.111— u Sort results by- Relevance.. Secords(lana^semen[^_-a>rch @17016 Fea na— Board Achons-83 pagc(s) O•.oase Geld 1] Page count:83 Template name:Board Actions Reset JJ nage 3._:Colin and Kristen Cashel PROPERTY LOCATION:162 Lower Shingle Hill,Fisher... Page:...19,2017 07016,Cashel SCTM No.1000.9-1-26 minimus approval to remo... Page S...y 19.2017 07016.Cashel SCTM No.10009-1.26 GRANT,the variances as- Search:erns Page 9...COLIN&KRISTEN CASHEL SECTION 009 BLOC... Page 20...Thomas Ahigren(Cashel).PO Box 342 Fishers Is!and.NY... Show more Information... 7018 L'oard AcGans-56 page(s) Page count:56 Template name:Board Actions Page 48..,9:30 A.M:COLIN C:SHEL AND Variances under Article Id.SecVon.ANN... Page 43-ZMe(5)KRISTEN CASHEI 07016-Request propcsed lrelGs located in other tha... s 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.-1-1. Laserfiche N/ebl.ink ;Jh•.ve6tint Help 1 ALI.',1 51; Home Browse Search T0VMOfSouthcid)Zoning Board ef.+opeals(ZBA)>n9nutes/Agendas/Legal Notices/Hearings Minutes/Agendas/legal Name Page count Template name Notices/Hearings in 1957-1979 S Entry Properties ;��1960.1999 2000.2009 Path TovrnC`Soutt»idQoOng Board r_)2010 ^.f Appeal, u 2011 i.'.BA1V.lfnutes/,�;endasi 1eg31 Vr.11CeVhleari^o ,_;2012 Creation date =2013 7/-02,J1 2.5::4?P0.i i]2014 Lastmodified �_-_.2a15 12:i 6:2016 2:1i^4 PPA 2016 Meladatd --2017 No nt-1,t&wta assgpied Page I of I 11 Enn �..•�^-. rF >-_a.0>m.> tr��ft rn_ar.L'nk?atl56�+�i�r 3aie..rrt. Above:Also, Minutes,Agendas, and Hearing Transcripts can be viewed. a ' i Laserfiche Instructions ZBA Files Page 5 LaserficheWe6Link b1y:+ebPnk;Help i Ab-t i Home Browse Search TownOfSouthold>Zoning Boardof Appedls(ZBA)>h1lnXeS/roc,enc:a5/Legal NotiiesiNe3rings>2017 2017 Name Page count Template name A Entry Properties ..,ZBA.01/05/2017 7 . ZBA.01/05/2017 Agenda 4 Path ZBA-01/05/2017 Hearing 40 ToumOfSouLh,l(c tZOnulg Board O'Appeals ,•a ZSA-01/05/2017 LN 3 I tZ8ARt4inutesiA6endas7Legal .I ZBA-01/19/2017 2 Noticesn:earings12017 Creation date Q ZBA-01/1912017 Agenda 2 12116/201,215:14 PM Q ZBA-02/02/2017 7 Last modified i;,ZBA-021022017 Agenda 4 G/19/2017 4:53:S9 Ph9 4.i ZBA-02/0212017 Hearing 45 Z2 Metadata ZBA-02/02/2017 LN 3 ZBA-DZ/162017 Ag-cla 3 No nmtaoata assigned ZBA-021162017 Special 3 _enure&Results I '„]ZBA-03!02/2017 7 .m/h.lth/pap_smear-Uses2 ZBA-03i02/2017 Agenda 4 a ZBA-03/02/2017 Hearing 65 ZBA.03102/2017 LN 3 ,j ZBA-03/16/2017 Agenda 3 c�ZBA-03116/2017 Special 3 „j ZBA-04/06/2017 5 Lj ZBA-OW06/2017 Agenda 4 ZBA-OW06/2017 Hearing 45 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 U tw; T1 A , 0 The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold ` 'he application will ALSO be available VIS ZOOM WEBIIVAR - Follow pink - httpo.//southoldtownny.gov/calendar.aspx FAME mo 16125 SOUNDVIEW REALTY LLC # 7670 111!� CTM # : 1 000-50-2- 1 9 VARIANCE: BLUFF SETBACK kEQUESTE CONSTRUCT IN -GROUND SWIMMING POOL DATE THURS. SEPT- 1 , 2022 1 .20PM 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 Fuentes, Kim From: Annalise Schweitzer <aschweitzer@northfork.law> Sent: Friday, October 7, 2022 11:28 AM To: Westermann, Donna; Martin Finnegan Cc: Fuentes, Kim Subject: [SPAM] - Re:ZBA#7670 - 16125 Soundview Realty#7670 Attachments: Survey_Oct2022.pdf; Project Description_Oct2022_16125Soundview.pdf Good morning Donna, Attached please find the updated plan and the updated project description reflecting same. Please let us know if you require anything else.We're hoping to get on the Trustees' 11/16 agenda. ANNALISE SCHWEITZER,Legal Assistant to Martin D.Finnegan,Esq. *OUR OFFI.C.E WILL BE CLOSED ON MONDAY, 10/10 FOR INDIGENOUS PEOPLES'DAYY FINNEGAN LAW, P.C. 13250 Main Road P.O. Box 1452 Mattituck,New York 11952 T 631.315.6070 x102 aschweitzer a,northfork.law NOTE: OUR.EMAIL ADDRESS HAS CHANGED EFFECTIVE 6/9/2022! CONFIDENTIALITY NOTICE:The information contained in this e-mail and any attachments may be legally privileged and confidential.If you are not an intended recipient,you are hereby notified that any dissemination,distribution or copying of this e-mail is strictly prohibited.If you have received this e-mail in error,please notify the sender and permanently delete the e-mail and any attachments immediately.You should not retain, copy or use this e-mail or any attachment for any purpose,or disclose all or any part of the contents to any other person.Thank you. WIRE FRAUD NOTICE:Instances of wire fraud are increasing!Before wiring any money,always call the intended recipient at a verified phone number to confirm the instructions. From: "Westermann, Donna" <donnaw@town.southold.ny.us> Date: Monday, September 19, 2022 at 8:21 AM To: Martin Finnegan <mfinnegan@northfork.law>, Annalise Schweitzer<aschweitzer@northfork.law> Cc: "Fuentes, Kim" <kim.fuentes@town.southold.ny.us> Subject: RE: ZBA#7670- 16125 Soundview Realty#7670 Hi Martin, Hearing was closed on 9/15/22. _ Thank you, Donna From: Martin Finnegan <mfinnegan@northfork.law> Sent: Friday, September 16, 2022 11:33 AM To:Westermann, Donna<donnaw@town.southold.ny.us>; Annalise Schweitzer<aschweitzer@northfork.law> 1 Cc: Fuentes, Kim <kim.fuentes@town.southold.ny.us> Subject: [SPAM] - Re:ZBA#7670- 16125 Soundview Realty#7670 Donna, We requested it but don't have it yet. As you know,these surveyors do not move quickly. I will submit it as soon as we receive it. Can you tell me what determination was reached by the ZBA on this? Regards, Martin MARTIN D.FINNEGAN,ESQ. FII®NEGAN ]LAIN P.C. 13250 Main Road P.O.Box 1452 Mattituck,New York 11952 T 631.315.6070 C 516.298.5384 mfinnegan cz,northfork.law www.northfork.law CONFIDENTIALITY NOTICE:The information contained in this e-mail and any attachments may be legally privileged and confidential.If you are not an intended recipient,you are hereby notified that any dissemination,distribution or copying of this e-mail is strictly prohibited.If you have received this e-mail in error,please notify the sender and permanently delete the e-mail and any attachments immediately.You should not retain, copy or use this e-mail or any attachment for any purpose,or disclose all or any part of the contents to any other person.Thank you. From: "Westermann, Donna" <donnaw@town.southold.ny.us> Date: Friday, September 16, 2022 at 8:56 AM To: Martin Finnegan <mfinnegan@northfork.law>, Annalise Schweitzer<aschweitzer@northfork.law> Cc: "Fuentes, Kim" <kim.fuentes@town.southold.nv.us> Subject: FW: ZBA#7670- 16125 Soundview Realty#7670 Good morning, Do you have the PDF of the updated site plan referred to below? Please email this to Kim and I as soon as possible. Thank you, Donna vowwa westervvovx n, zonivLo 'goarol of Appeals `town of 5outhoLol T>.o. gox. 21�� sot,cthoLc, NY -f-fa 5712 From: Martin Finnegan <mfinnegan@northfork.law> Sent: Friday, September 9, 2022 3:47 PM To: Fuentes, Kim <kim.fuentes@town.southold.nv.us> Cc:Sakarellos, Elizabeth <elizabeth.sakarellos@town.southold.ny.us>;Westermann, Donna <donnaw@town.southold.ny.us>;Annalise Schweitzer<aschweitzer@northfork.law> Subject: [SPAM] - Re: ZBA 16125 Soundview Realty#7670 Kim, To address the concerns raised by the neighboring landowner's sister, my clients have accepted the Board's suggestion to reduce the size of the pool to 16x32 which will pull the pool back an additional 8 feet from the top of bluff. The pool is otherwise placed in a conforming location as indicated on the survey and confirmed by the Notice of Disapproval. As mentioned at the hearing,there is no apparent justification for excavating and relocating the existing sanitary system and as such,the vertical configuration will remain. The location of mechanicals is noted on the survey and fencing will be installed to code. We will request that the surveyor update the site plan to show the reduced pool size but I am not confident that can be done before the special meeting next Thursday. Please let me know if you or any members of the Board have any questions. Regards, Martin MARTIN D.FINNEGAN,ESQ. .FINNEGAN LAW P.C. 13250 Main Road P.O. Box 1452 Mattituck,New York 11952 T 631.315.6070 C 516.298.5384 mfinnegan(a�northfork.la-w vvww.northfork.law CONFIDENTIALITY NOTICE:The information contained in this e-mail and any attachments may be legally privileged and confidential.If you are not an intended recipient,you are hereby notified that any dissemination,distribution or copying of this e-mail is strictly prohibited.If you have received this e-mail in error,please notify the sender and permanently delete the e-mail and any attachments immediately.You should not retain, copy or use this e-mail or any attachment for any purpose,or disclose all or any part of the contents to any other person.Thank you. From: "Fuentes, Kim" <kim.fuentes@town.southold.ny.us> Date: Thursday, September 8, 2022 at 4:10 PM To: Martin Finnegan <mfinnel;an@northfork.law> Cc: "Sakarellos, Elizabeth" <elizabeth.sakarellos@town.southold.nv.us>, "Westermann, Donna" <donnaw@town.southold.ny.us> Subject: ZBA 16125 Soundview Realty#7670 Hi Martin, 3 The ZBA adjourned this matter to September 15. Did you wish to make any changes? Did you send us prior comps? Kim E. Fuentes Board Assistant Zoning Board of Appeals Coordinator, Historic Preservation Commission 631-765-1809 kim Aoutholdtownny.gov Location: 54375 Main Road Mail:P.O. Box 1179 Southold, NY 11971 4 APPLICANT'S PROJECT DESCRIPTION APPLICANT• 16125 SOUNDVIEW REALTY LLC DATE PREPARED: 04/13/2022 REVISED OCTOBER 7, 2022 1.For Demolition of Existing Building Areas Please describe areas being removed:N/A II.New Construction Areas(New Dwelling or New Additions/Extensions): N/A Dimensions of first floor extension: 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)N/A (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: N/A Proposed increase of building coverage: N/A Square footage of your lot: 55,136SF Percentage of coverage of your lot by building area: N/A V. Purpose of New Construction: CONSTRUCTION OF 32'X16'INGROUND SWIMMING POOL 67.4-FEET FROM TOP OF BLUFF. REMOVAL OF EXISTING CIRCULAR STONE WALL AND PAVERS;REMOVE 4'X8'STONE PORCH AND RELOCATE SAME MINIMUM DEPTH OF 42"AND MAXIMUM DEPTH OF 96"(8-FT)67.4-FEET FROM TOP OF BLUFF AND 22-FEET FROM EXISTING SEPTIC TANK;INSTALL 709SF PERIMETER POOL PATIO AT GRADE WITH 48"BOCA COMPLIANT POOL FENCE; INIRTAI I R'X4-12C1nL nP-MIM i renin 3')(R'E2001 MECHANICAI ENC-1 0.-1 IRE ON FACT SIDE OF HCII ICF VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): FLAT 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 SURVEY OF PROPERTY N AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK 1000-50-02-19 SCALE: 1'=50' JANUARY 5, 2021 FEBRUARY 24, 2021 (ADD SEPTIC) JULY 27, 2021 (PROPOSED POOL) MAY 5 2022 (REVISIONS& CEHL) zo ft SpUN� SSTO4?O. f N� N*wy ` ,U� naa xenavos eouNoaNY AS � DETERMINED 8Y SUFFOLK ENWRONMENFAL CONSULTING,INC.ON NOVEMERR 1.1 2020 jV/51FP5` �t�RQ.WNL�� Gs .O TOP OF BLUFFS\_= -��`�� CEH FEN.A. \ \`\ cp 3.7'w Uumwo PAVER \\ PATIO �• � f W/STFPS TOP OF BLUFF O ! C PIPE W sTErs , FND. , 4F i `C S ,O�U Ap 0 - ALL @ PAVERS PATID,STONE STOOP ZD'3'F 72 ':'! ,: 70 BE REMOVED FEN.END Np,Z�SIy 9 I PROPOSED 3'%6' S.1'W /0,. te_ T80• POOL EQUIPMENT PAD WALL .8 !� C A N/O/F o`�� / L3 LY N 0 F HELEN SDCOLOFF / �R/0�'� ONE Z36• EDWARD/C BOOTH AC AND NITS,% REVOCABLE TRUST dT FEN.END / Y vw1 Ih• %NNa R 00 h (ry WE41u d3 QQ le FEN.CDR AITE•U'D W ha 1701,1701, \`GBS 10pa CNF ry� METAL N 41'23'20" W''=_' GATE ' 16.80' STONE'' POSTS A�,S �OeA �T2OO" PIPE KEY Q =REBAR ® = WELL 9 A = STAKE �� = TEST HOLE • = PIPE ■ =MONUMENT = WETLAND FLAG cU3= UTILITY POLE ELEVATIONS REFERENCED 70 NAW 88 N.Y.S. UC. NO. 051132-01 CEHL FROM COASTAL EROSION HAZARD AREA MAPS AREA=55,136 SOFT. N.Y.S. LIC. NO. 49618 ANY ALTERATION OR ADD1170M TO THIS SURVEY IS A WOLAIRON OF SECTION 7209 OF OR 1.2657 ACRES PECONIC SURVEYORS, P.C. WE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209—SUBDIVISION 2. (631) 765-5020 FAX(631) 765-1797 ALL CERnnCATIONS HEREON ARE VAUD FOR THIS MAP AND COPIES THEREOF ONLY IF TO TIE LINE P.O.BOX 909 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 ,20-075 7 s x � SUSAN PETRIE PRINCIPAL INTERIOR DESIGNER WWW.PETRIEINTERIORDESIGNS.COM 917.721.8183 On Sep 14, 2022, at 10:47 AM, Westermann, Donna <donnaw@town.southoId.ny.us> wrote: I looked through the,file and only show what I was sent to you. If Mr. Booth would like to submit a letter he is welcome to do that, however it would need to be done as soon as possible. This application is currently on-the agenda for 9/15/22 special meeting, and the board would need time to review his comments. It can be emailed to our office, (kimf@southoldtownny.gov) or dropped off in our drop box at our building. Thank you, Donna From:Susan Petrie<siPetrie @me.com> Sent:Wednesday,September 14, 2022 10:41 AM To:Westermann, Donna<donnaw@town.southold.ny.us> Subject: Re: FOIL Request- 16125 Soundview Realty LLC Thank you Donna. I believe there was a second letter send to the board that was an objection. If so may o get a copy of that as well? I know the Ed Booth and his family are against the pool as well, and if it helps to have him send a letter we are happy to reach out to him. Susan Petrie Principal www.petrieinteriordesigns.com 917.721:8183 2 On Sep 14, 2022, at 10:00 AM, Westermann, Donna v <donnaw@town.southold.nv.us>wrote: Good morning, My apologies—thank you for calling me back. Donna From:Westermann, Donna Sent:Wednesday, September 14, 2022 8:11 AM To: 'sipetrie@me.com' <sipetrie@me.com> Cc: Born, Sabrina <sabrina.born@town.southold.nv.us> Subject: FOIL Request- 16125 Soundview Realty LLC Good morning, This is in response to your FOIL request. Attached are copies of letters submitted for the above-mentioned property. Thank you, Donna Dow�.a Westervu.aVLw Z,ow%wc� T�oQi-d of.4ppea�s 70WVU ofsouthoL� .sol tkoLa.' NY s-faY:L 3 0 16 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��®� SO Southold 53095 Main Road• P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes ria Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®l�C®UT1 Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED Tel.(631) 765-1809•Fax(631)765-9064 April 19, 2022 APR 19 2022 out o Town Mark Terry, Assistant Town Planning Director Planning Board LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 47670 16125 Soundview Realty, LLC Dear Mark: We have received an application to construct an accessory in-ground swimming pool. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. " Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: Encl. Survey/Site plan: Peconic Surveyors, P.C. dated July 27, 2021 BOARD MEMBERS �F SO Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 �� l0 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Town Annex/First Floor, Robert Lehnert,Jr. ,�`cO i �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento lij'COU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS April 19, 2022 TOWN OF SOUTHOLD �1/r Ms. Sarah Lansdale, Director Tel.(631)765-1809•Fax(631)765-9064 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 #: 7670 Owner/Applicant: 16125 Soundview Realty LLC Action Requested: construct an accessory in-ground swimming pool Within 500 feet-of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land (X) Boundary of Agricultural District ( ) Boundary of any Village or Town 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 Chairperson By: U Encls. Site Plan/Survey: Peconic Surveyors, P.C. dated July 27, 2021 n � Westermann, Donna From: Westermann, Donna Sent: Friday, September 16, 2022 9:02 AM To: 'Susan Petrie' Subject: RE: [SPAM] - Re: FOIL Request- 16125 Soundview Realty LLC Good morning Susan, I left at 4pm so I did not see your email regarding the start time of the hearing. In regards to the amended plan referenced below,this will be placed on Laser Fiche as soon as possible for public viewing. This hearing is now closed,which means that no further testimony and/or public comment can be accepted. Thank you, Donna DovuvuR Westervw2nn Z,00,'WLo goarol of/4ppea[s Towo, of sokthoLD southoLol, NY :Lz,n7:L From:Susan Petrie<sjpetrie@icloud.com> Sent: Friday,September 16, 2022 8:21 AM To:Westermann, Donna <donnaw@town.southold.ny.us> Subject: [SPAM] - Re: FOIL Request- 16125 Soundview Realty LLC Good morning Donna, Sorry to bother you but I would like to know the amended plan that was apparently accepted by the town board yesterday. How can I gain access to this information? Susan Petrie Principal www.petrieinteriordesigns.com 917.721.8183 On Sep 15, 2022, at 5:07 PM, Susan Petrie<sipetrie@me.com>wrote: Hi Donna we are on the zoom for tonights meeting but it saying it will start soon.Are things running late? i Fuentes, Kim From: Cantrell, Elizabeth Sent: Monday,August 29, 2022 8:11 AM To: Fuentes, Kim; Sakarellos, Elizabeth;Westermann, Donna Subject: FW: 16125 Soundview Avenue Hearing Good Morning, This email is for an application you have. Senior Office Assistant Town of Southold Board of Trustees Office: 631-765-1892 Email: elizabethc@southoldtownny.gov From:Susan Petrie<sjpetrie@me.com> Sent: Friday,August 26, 2022 11:46 PM To: Cantrell, Elizabeth <elizabethc@town.southold.ny.us> Subject: 16125 Soundview Avenue Hearing Hello, I would like to attend remotely the hearing scheduled for September 1st. Our family home is at 16215 Soundview Avenue and wa are opposed to the construction due to the geophysical damage, bluff erosion and and possible endangerment to the properties surrounding this residence. Below is a photo of the notice. Please let me know how we might attend remotely. Thanks in advance. _ 1 BOARD MEMBERS ®� S0 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. �® ® y® 54375 Main Road(at Youngs Avenue) Nicholas Planamento C®UNTVSouthold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631)765-9064 April 19, 2022 Suffolk County Soil and Water Conservation District Attn: Corey Humphrey 423 Grilling Ave., Suite 110 Riverhead, New York 11901 Re: ZBA# 7670 — 16125 Soundview Realty, LLC Dear Sir or Madam: We have received an application to construct an accessory in-ground swimming pool, shown on the enclosed site plan. 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 we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Leslie K. Weisman Chairperson By: Encls. Survey/Site Plan: Peconic Surveyors, P.C. dated July 27, 2021 SUCTION 40' Bonding Wire connected to all LIGHT i hardware WASTE FILTER HAIR&LINT CATCHER PUMP SKIMMER r"� {DECEIVLE _ WATER LINE DRAIN �. APR 18 MIN O 2"RETURN TO INLET 37APARTRJfVFIL I 7r,r i!?[� P,oal cl - MAIN DRAIN I PIPING SCHEMATIC 2°PIPE' R in RETURN Awxwc I cDP JG I m^ MAIN .3awnmxus �.• - - DRAIN " lrM AT R'CC cxc:. 4 Y COPJNG PEPIME M BOND SEW t .D WATER CV YMAX MARBLED ' '9' II--IIIIIII LIGHT ' co 11111 Ili li 2.—�" To ,a-To 30- ADDU e Ilil11 II II—,',� y RADIUS wDwmNPAu ° !III-111lf l� -.d ` ml Ill ej02r PAD+CS.SHAtt0W ENO •� .° ,- I---! , - fes' 2F.F,JIUS-DEEP END 7 NARIES, • I!I'1„1�—, I!i-!� UNOERWA 35W1 PSI - ,' II I�Illl;, UGHr F XfUR.E" - _ BO% V p'' ',I`B ' Pal C0WRErt > .°..•. UGHT NICHE •f. 'fib' t i"� Z ! _ 16' 16� v' 6'N,BNJ� ,r...h.'i•D I I _111.1��IIjIf l 111! `. �/ p {. �� °^ I!!Il' 1'iii'sf„ ;il'!—r! 111 LIGHT- dao o �� �.�' LIGHT PIT DETAILS ilEl!!iji�liiillllllll ROFES Q, LIGHT NICHE DETAILS (NTS) North Fork Pool Care 1.y Compfies With #3 STEEL RfIiVFORCED Section 11326 of the 2020 Residential ' Code of New York - ( . 16125 Sou.ndview Ave.. Section N1103.12(11403.12)Residential I DEPTH <5.'-0" >a5'4' Southold,NY 11971 Pools and Permanent Residential Spas j _ HORIZONTAL .101.' O.C. 10" O.C. Section 11326-4 Barriers . Section R3265—R326.65Entrapment' VERTICAL 10" O:C:. 5''O..C:. - POOL TYPE: Gunite SCALE: NTS Avoidance 12" O.C. e.W. OR 12" O,C: em' . OR JAMES DEERKOSKI, P.E. Section 8326.7 Swimming Pool and FLOOR DATE: 9/29/2021 Spa Alarms I MESH EQUIVALENT MESH EQUIVALENT 260 DEER DRIVE - - � MATTITUK; NEW YORK 11952 DRAWING NUMBER - 1 OF - 2 I SURVEY OF PROPERTY AT SO UTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK 1000-50-02-19 SCALE: 1'=50' JANUARY 5, 2021 FEBRUARY 24, 2021 (ADD SEP71C) JULY 27, 2021 (PROPOSED POOL) MAY 5 2022 (REVISIONS do CEHL) SEPTEMBER 27, 2022 (REVISIONS) •LONG, I,SZ4.4r SST04 20 F NL ywM Op TJDAL WE7LANDS BOUNDARY AS Z `�► DEJERMINED BY SUFFOLK ENVIRONMENTAL ��� CONSUL7/NG• INC. ON NOVEMEBR 13 2020 3p t� LANDING W/SIEPS� __ ` W/STEPS ���� 50 _ `� LANDING \```RET.WALL� W/STEPS :BENCH 60 LANDING TOP OF BLUFF\ W/ S CEH �..�`���. _ c0 13 3.7'W \ LANDING \ PAVER + w/s PATIO 1 em TOP OF BLUFF j LANDING PIPE ry 1 w/srEPs, FND. 1 ry CFNC J h1�.; 1 �-i '?RUrUSEU1 G V 4��� NI" RELOCATED% v 4p� 1 CO ONESTOO 6 I ( n •O 62.4 S.F. ,1 S.T. Qg JD Q• J I O OO . ? �J ?• i� 4 1 'Y ? 63'PE m = s ALL do PAVERS PATIO, STONE STOOP a 0,? ??9, TO BE REMOVED FEN.END PROPOSED 3'X6' 3.1'W AVEC)0 POOL EQUIPMENT PAD WALL d J3? Bcli o o I I Q Q lb"N HELEN SOGOLOFF /'� 4)0 STONE ?3 s• AC � / O� C.� EDWARD CBOOTH sus AND uwT%� ,, REVOCABLE TRUST a I + FEN.END V i , ryry +� 2.7'W iw 0\ i CN N WELL i i . �► 1 m O \ m 1469' FEN.COR. s0 1.4'W Olt AVE UNp�N� C.)``ss Oc CMF O` N i METAL ��` N 41023'20" W''-=_ - ' GATE 16.80' STONE POSTS sa , s�'•O PIF�E KEYS' 0 = REBAR ® = WELL ® = STAKE `�� �W Yon/ = TEST HOLE �o OETZG40 F9 e = PIPE 2� a, 1k, ® = MONUMENT u, °o = WETLAND FLAG CD-.) = U77LITY POLE NO.d',, � t/CE'NSED� ELEVA77ONS REFERENCED TO NA VV-88 N. CEHL FROM COASTAL EROS/ON HAZARD AREA MAPS YS. LIC. NO. 051132-01 AREA=J�5,136 SC?FT. N Ys LIC. N0. 49618 ANY AL7FRA710N OR ADD/770N TO 1N/S SURVEY IS A V10LA710N OF SECAON 7209 OF OR 1.2657 ACRES PECON�C VEYORS, P.C. THE NEW YORK STATE' EDUCA710N LAW. EXCEPT AS PER SECTION 7209—SUBDlV1S/ON 2. TO TIE LINE (631) 765-5020 FAX (631) 765-1797 ALL CER77nCA77ONS HEREON ARE VAUD FOR 7N/S MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE P.O. BOX 909 APPEARS HEREON. SOU THOLD�N.Y. 11971 T 20-075 SURVEY OF PROPERTY AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK 1000-50-02-19 SCALE.- V-50' JANUARY 5, 2021 FEBRUARY 24, 2021 (ADD SEP77C) JULY 27, 2021 (PROPOSED POOL) MAY 5 2022 (REVISIONS & CEHL) RECEIVED JUN 2 7 2022 Zoning Board 0f H P�alg LANG SpU�� 560420" \�nF 13 62- CA )C op TIDAL WERANDS BOUNDARY AS DETERMINED BY SUFFOLK ENVIRONMENTAL CONSULTING, INC: ON NOVEMEBR 1J. 2020 .LANDING LApLbING __ _ � `�� W/�5 50 �``REf.WALL LANDMG O _ w/slEps 60 _ —_�� ``�`�`� - LANDING STEPS TOP OF BLUFFCEH \ / �`�� `Z` - cD FEN.COR. \ �`� - 1p 3.7'WPAVER `- LANDINGPATIO 1 _j W/STEPS TOP OF BLUFF 1 / LANDING PIPE j 1 W/SLEDS/ FND. V04 f ce 0 1 ko Y Q� Q V OPOSEDI may. • REL OCATEDIca • �O0 62.i ssF00 �'� n• ► o ,i � 1 �'V O ?, 3'PE ••_: AL1 do PAVERS PATIO r 0'? GNE TO BE REMOVED 3 N.D tiD�sF,� a 1 PROPOSED 3'X6' q N,�z)od�199 POOL EQUIPMENT PAD � WALL a13?• 6 0 � 1 1 Q Q i ��' ,� ,,o' �v HELEN SOGOLOFF r�` i ORCH AND ?.6• AC it ��Q EDWARD C/BOOTH SEMS UNITS' /, REVOCABLE TRUST a r ,CS cl FEN END �' i 1 •� 2.7'W b ,wry N wELL ; let • N 1 0 t 0 1469' FEN.COR. SO 1.4V AVE SOUND No O .h � N es`, CMF N` ry i ETAL N 41023'20" W' -=-_ - ' GATE 16.80' STONE POSTS 'YS a 8 � `_�``O�•``� �j ,q DIVE P KEYS Q = REBAR ® = WELL ® = STAKE '� 4a�r �'f. �T 0, - . ® = TEST HOLE ® = PIPE = MONUMENT = WETLAND FLAG J5 = UTILITY POLE ELEVATIONS REFE'RENCED TO NA VD 88 CEHL FROM COASTAL EROSION HAZARD AREA MAPS AREA=55,136 SQ.FT. _ 'f �'N.Y.S UC. N0. 49618 ANY ALTD?A710N OR AD0171ON 70 THIS SURVEY ISA NOLATION OF SECTION 7209 OF OR 1:2657 ACRES � PECON/C RVEYORS, P.C. THE NEW YORK STATE' EDUCATION LAW. EXCEPT AS PER SECTION 7209-suBDIWSION 2. (631) 765-5020 FAX (631) 765-1797 ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF TO TIE LINE P.O. BOX 909 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. 1230 7RA VELER STREET SOUTHOLD, N.Y. 11971 ,20-�75 SURVEY OF PROPERTY N AT SOUTHOLD X00 - TOWN OF . SOUTHOLD RECEIVED SUFFOLK COUNTY, ` NEW YORK APR 18 2022 1000-50-02-19 .T LL�� Zoning Board of Appeals SCALE. I 5O' JANUARY 5, 2021 FEBRUARY 24, 2021 (ADD SEP77C JULY 27, 2021 (PROPOSED POOL z0*0 Ssj•04? . o OF N 17DAL WETLANDS BOUNDARY AS DEMWINED BY SUFFOLK ENWIRCNAI£NTAL t� C VUX IN2 JNC. CN N04£11EBR 11 2020 • �► M�'�� ��.lANl1W0 LANDW o - = •/ w/smps _— IRET.NULL _ W/mm STVS O —_ r/Saps TOP OF BLUFF _ �•��: •� = ! O 3.7V �` PAVER LANDWO�� w lN1DW0 PATIO 1 •/: TOP OF BLUFF i Lmow PIPE L w/STEPS I FND. 41 r Q- �p � I �0.3' AVERS PATIO TO BE REMOVED FENAND Hg2�,S�. �8� M I r 3.1•W •• '�E �,� v' 79,9, WALL N/0/Fu ,aP" `� Ac r �r �y � N/p/F HELEN SOGOLOFF z -PORCH AND `+•23s, UN tT$ Q Q EDWARD C BOOTH wrPs i i +EZ 1► REVOCABLE TRUST 1b cc IV wEu. �40, Q � m 14Q9, FEN.COR. 1.4w CMF %` ry ErAL N 41'23'20" W'--- GATE 16.80' PSOMN `. SOS,, - J-` PIPE • JOv�r�v� KEY Q = REVAR ® = WELL ® = STAKE 9 = TEST HOLE ® = PIPE _ .......„ 6F NEW),, . ® = MONUMENT �� �,M.CTZG, r" = WE7L4ND FLAG P, a U77U7Y POLE EWVA77ONS REFERENCED TO NAVD 88 NO. 49618 a . .,Y.J:` c. ANY AL7ERAnav OR AVDlnav 70 7HlS SURVEY ISA NocATlav OF*sECnAREA=55,136 SOFT.aN 7209 OF OR ,1.2657 ACRES ECON/C SURVEYORS,-P.C. AU 7HE NEW Ya4K STATE EDUCA77O N LAW. EXCEPT AS PER SEC71aV 7209-SUBDDI NS/aV Z (631) 765-5020 FAX P.C. 765-1797 SAIDMAP OR CO SES BEEARR THARE E IM RES,�SM OOF�TrE°SURRVECOPIES YYOR THEREOF H0�SIIGNL 7URE TO TIE LINE P.O. BOX 909 APPEARS HEREON. S30 7RAVELER STREET ET N.Y. 11971 20-�75 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��®F 50���$'® 53095 Main Road• P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®lg'C®U Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD October 12, 2022 Tel.(631) 765-1809 Martin Finnegan Attorney at Law P.O. Box 1452 Mattituck,NY 11952 Re: ZBA#7670, 16125 Soundview Realty, LLC 16125 Soundview Avenue, Southold SCTM No. 1000-50-2-19 Dear Mr. Finnegan; Transmitted for your records is a copy of the Board's October 6, 2022 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary.aN asp srtbrFi+-- t�a1n erl dopi tarn r I en s p� on i iono a� eF n-ii7ations ' aan% be sure to submit an application along with a copy of the attached determination to the Building Department. 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. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN.Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals If you have any questions, please don't hesitate to contact our office. Sincerely, � P Kim E: Fuentes Board Assistant Encl. cc: Building Department N 340 782 O I IPI-�'T 5b"\) I��(l�� �-LL twc> - 50 5p- . a — bc�• e RD 7 VNO .w ,m Y, �'•b q, '34(" .w .y4 2.5 14 13 ' 16.1 D a x r o AA 61 4 (° Ad" 75.2 22 'i ro 6 K' PECO S�A tION d ,v d e 6yl N� Ea+eA'TJ ry,M1 F g 77 7 ?d h d b '9 � 9 � " 66, c ' o� l) P o ?s42 ( grQJ / ✓ O rccJ m' a a 5 \R e%" k s 19 / a 2X19, //` '•, 9 7 � l,I c �� ,y s7 /s°. a ,97 s FOR PCL NO. e _ SEE SEC.NO. 8 d q J 054-03-024.5 S —__-- -- 7'�° m MATCH LINE o 9q $ S N 338.982 Fj NOTICE COUNTY OF SUFFOLK © K 130 TOWN OF SOUTHOLD SECTION NO ����� E NNID MAINTENANCE.ALTERATION,SALE OR k1 Real Property Tax Service Agency Y DISTRIBUn NOFANY PORTION OFTHE County Center Riverhead,NY 11901 51 VILLAGE OF 050 BUFFO LKCOUNTY.MAPISPROHIBITED 1JJ����CCCII71I!`111���111" M 050 �7 WITHOUT WRITTEN PERMISSION OF THE "'-•���`f`S 2pe e �IN FEET: A 'ulhy-.�t(YL DISTRICT NO �Q0() REAL PROPERTY TA%SERVICEAGENCY. JL4 P 054 PROPERTY MAP