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Or tol�� Ne- scwNu cut �3 ff*4;wv+bp C>rZT3'q1 0-.;t 16�s, I I ?p De,r�j rav--t wt.,r.+ /6,vwc, I -/114 6 n Owner: Orlofsky, Sam File #: 7720 Address: 18575 Soundview Ave l Code: 17PA � Agent Info � Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Phone: 611-765-4110 Fax: Email: pcmoore@mooreattys.com Lh-6 4,n C[JIJX�_ _ jj.)jjj_.� r/ m A5 , C-ww 4 11 - 0--�)l')-� ND 'f 4-106 Gf GO -q 1-11>. L C BOARD MEMBERS ��OF s0UTy� Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �p� Town Annex/First Floor, Robert Lehnert, Jr. l 54375 Main Road(at Youngs Avenue) Nicholas Planamento ycOU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD March 26, 2024 Tel. (631) 765-1809 Patricia Moore Attorney at Law 51020 Main Road Southold, NY 11971 Re: De Minimus Request, File #7720 Orlofsky, 18575 Soundview Avenue, Southold SCTM No. 1000-51-1-12 Dear Mrs. Moore; We are in receipt of your correspondence, dated March 19, 2024 requesting a de minimus approval related to ZBA determination#7720, dated January 19, 2023, in which variance relief was granted to construct a deck addition attached to a single family dwelling upon the above referenced premises. In your letter, you explain that the applicants are requesting a modification to the plans by adjusting the deck size in order to build a larger landing for a sliding glass door. The proposed landing will be 13 feet by 3 feet, 5 inches with 4 feet steps to grade (The site plan depicts a proposed deck as 13 feet by 3 feet, 8 inches or 5.67 feet) and will be open to the sky. You further explain that the proposed lot coverage will not exceed 21.16. I have reviewed your request, the Plot Plan and Architectural Plans, last revised March 14, 2024, prepared by Diego L. Steisel, Architect, and have determined that the revised deck as depicted, is de minimus in nature. Please submit to our office an additional original, signed and sealed Plot Plan and Architectural Plans, and contact our office if you have any further questions. Sine she Kanes Weisman, 6hairperson cc: Building Department PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 RECEIVED Fax: (631) 765-4643 MAR 19 ?q?4 March 19,2024 ZONING BOARD OF APPEALS Leslie Kanes Weisman, Chairperson and Board Southold Town Zoning Board of Appeals Town Hall Annex, 54375 Main Road, Southold,NY 11971 Sam Orlofsky Premises: 18575 Soundview Avenue, Southold SCTM#1000-51-1--12 Appeal#7720 Dear Chairperson Weisman and Board: In accordance with the Board's decision the architect has provided two prints of a plan with the approved setback to the bluff and not exceeding 21.16% lot coverage. The applicants have decided to leave the proposed deck open to the sky (not a roofed over screened porch as had been approved by your decision). However, the applicants are requesting a di minimis modification to the plans: the architect has included a proposed wood landing with steps for the sliding doors to the bedroom on the west side of the waterfront side of the house. They have adjusted the deck size in order to build a larger landing for the sliding glass door. The reason for the design change is to have the landing extend the full width of the sliding glass window and doors. The proposed landing is 13' x 3'5"with 4' steps to grade. The landing is only 25 SF over the minimum required for egress. The total lot coverage does not exceed 21.6%. I am attaching the February 7, 2023, decision for your convenience. If this modification to the bedroom egress is not allowed,please It me know and I will deliver a new set of sealed drawings. Vj e ly-,yours, f Pa cia C. Moore 4 i L '-10"PROPOSED ON-6RADE PATIO 2 ARCHITECTURE, PLLC 50'-2 " PROPOSED ON-GRADE PATIO 25, S TO 6RADE MASONRY °,�o PATIO:�AVEL PH: 65LID16550 (PERMEABLE SURFACE). (SUBJECT TO TRU5TEES APPROVAL) FAX: 631.415.2a50 AREA = q4 S.F. E: DIESELARGHITEGT06MAIL.GOM o I � I � WWWDIESELARGHITf:GTURE.YPWEB.GOM PROP05ED LANDING/5TEP5 LLINE of oRiGINAL 4 Ilol NirrhYERLY AVE., HOLTSYILLE NY 11142 NEW 5/4"x 6" IPE DEGKIN6. GABLE RA15ED P LINE of ATIO PROP05ED DECK/5TEP5 +� a $� ORIGINAL, � � CODS 6 a STEPS TO GRADE PER O NEH 5/4"x 6" IPE DEGKIN6 WITH PATIO Q PROPOSED= 54 S.F. 56"HIGH GABLE RAILING. STEPS GRADE tD Q CODE MINIMUM = 2q S.F. To GRADE AS REQUIRED 4 PER °- PROJECT TITLE: (THIS LANDING IS IN EXCESS OF CODE R PROPOSED ON-GRADE PATIO: GORE. � MINIMUM BY 25 S.FJ MASONRY PAVER5 OVER GRAVEL F I ORLOFBKY RESIDENCE: (PERMEABLE SURFACE). (SUBJECT TO I6S.F.TRUSTEES APPROVAL) AREA 5q6 I«+ ( 1 PROP05ED REAR DECK5 = 2'-2" 4'-6" 4'-0" 4'-6" Q m 10 EXI5TIN6 DINING RM iy PROJECT LOCATION: u' NEH SINK t 14'-i ' 4 t 6'-Q" t'i'-II 185�5 5OUND Y I EN AVE. m Q w1NDOw ILLS 50UTH0L D NY I I�71 Ll I I , EXPANDED I SEAL AND S16NATURE: BEDROOM #2 ° W-On GL6. HT) Li Fr_:_®i MAR 19 ,24 5 0�cr P�%RT I AL EX15TINOFIRST FLOOR FLAN NITH PROPOSED DF.01<5 PROPOSED DECK 4 STEPS AREA= 355 S.F. PROPOSED LANDING/STEPS AREA= 54 S.F. C) ZONING BOARD Ca1'! A i 03043® y0Q OF N NOTE: BY INGU610N OF THIS NOTE,THE OWNER HA5 BEEN ADVISED THAT PRIOR TO ANY CON51 RUCTION ANDIOR.DEMOLITION WORK, IT SHALL BE THE OMP—R'S RESPONSIBILITY TO OBTAIN A BUILDIN6 PERMIT FROM THE 6OVERNIN6 BUILDING DEPARTMENT. THE ARGHITEGT DOES NOT RECOMMEND AND DOES NOT GUARANTEE THAT 50LELY BY THE PREPARATION OF THE5E PLANS SHALL CONSTRUCTION OCCUR. PROPER REVIEH AND APPROVAL BY A QUALIFIED BUILDIN6 DEPARTMENT OFFIGIAL 15 REQUIRED PRIOR TO CONSTRUCTION. Issues and Revisions No. Date Issues and Revisions /Iq/201q PERMIT SET T.O. EXIST. RIDGE '& 10/15*1 REVISED PER BUILDING DEPT. e q/8/21 DECKS 4 FINISHED BASEMENT COMPREV1LIANCE PER HITH I 2020 RES. CODE `r OF NY5 _ T.O. EXISTING PLATE ® 10/26/21 DECK REVISED PER BLD6. DEPT. A I/26/22 DECK REVISED PER BLD6. DEPT. 4/IS/22 DECK ONLY PLANS FOR BZA 8/I/22 DECK ONLY PLANS FOR BZA 5/24/23 REVISED PER BZA 7/Iq/23 REVISED PER BZA I I II -TI I _j_T U FINAL MAP 5/14/24 REVISED PER CLIENT EX15TIN6 FIRST FLOOR REVIEWED BY Z BA T.O. CEILING DECISION#iqm L� DATED: BILGO D 'qJa' a 3 I rat ►M U� 3 ��b o�� PROJECT #: PROP05ED LANDING/5TEP5 NEH 5/4"x 6" IPE DEGKIN6. GABLE SCTM M 1000-51-1-12 51 B1110 TO V'0� PROPOSM DECK RAILING 4 5TEP5 TO GRADE PER CODE. LINE OR OR16INAL PROPOSED= 54 S.F. 13'-0'PROPOSED DECK i STEPS TO GRADE GRADE, TYP. ZONE: NEW 5/4"x 6" IPE DEGKIN6 HITH 36" HIGH GABLE RAILING. CODE MINIMUM = 2q S.F. (THIS LANDING 15 IN EXCESS OF CODE FLOOD ZONE: 1XI EXISTINS CELLAR SLAB t 63'-I�' EXISTING DWELLING MINIMUM BY 25 S.FJ _ Drown By: DL5 Date: 8/2�I/20IQ A == I REAR ELEVATION Proj. North p� 2 SCALE:: 1"= 20'-0" DO NOT SCALE PRINTS LOT GOVERAOE SUMMAR"i SITE INFORMATION DERIVED FROM SURVEY PREPARED BY: HEIDEGK.ER LAND SURVEYING, TOTAL LOT AREA = 55,038 S.F. 751 COATE5 AVE., SUITE 22, HOLBROOK, NY 11-741. BUILDABLE LOT AREA TO GOASTAL EROSION LINE = 20,545 S.F. DATED: 4/6/2022 EXISTING STRUG ARCHITECTURE, PLLG EXISTING DLqELLIN65 FOOTPRINT = ± 2,6-10 S.F. PH: 651.516.5518 EXISTING ROOFED-OVER FRONT PORGH = ± 425 S.F. EX 15T1 NG IN-GROUND 5W1 MM I NG POOL = ± -7cl6 S.F. FAX: 651.415.2Q50 EXISTING EGRESS LANDING $ STEPS (EAST SIDE)= N/A E: DIESELARGHITEGTOSMAIL.GOM SUBTOTAL= ± 3,8Q1 S.F. � VEW XT RES WWWDIESELARCHITEGTM YFNEB.GOM TOTAL RIDGE NALL CONNECTIONS TO DEGK WITH STEPS TO GRADE = 388 S.F. AREAS = 3,8c[I S.F. + 415 5.F. = 4,304 S.F. RCONFOR ATIO_ copy of NEW I101 WAYERLY AVE., HOLTSYILLE, NY II'1�42 EGRESS LAND I NG/STEPS TO GRADE (NW 51 DE) _ PORK 5TATE. PROF'05ED= 54 5.F. LOT GOAERME CALCULATION AS A GODS MINIMUM = 2cf S.F. effiCaff2ff OF THE BUIW&LE LOT THIS LANDING 15 IN EXGE55 OF GORE BY = 25 S.F. AREA TO THE 60A5TAL ER05ION LINE= T.O. EXISTING PLATE PROJECT TITLE: SUBTOTAL= 413 S.F. 4,304 S.F. / 20,345 S.F. = 21.15 % NEW 5/4"x 6" IPE DECKING ORLOPSKY RESIDENCE: WITH PROPOSED REAR 36" HIGH GABLE RAILING. 5TEP5 PECKS TO GRADE AS REQUIRED 4 PER CODE. ++ Np NEW 2x8 P.T. DECK JOIST5 ® 16" Ov / O.G. WITH BRID61N6 AT MIDSPAN. (PERS �`• `� NEW YORK 5TATE RESIDENTIAL OF PROJECT LOCATION: • EXISTING FIRST FLOOR S�•4830" , ��P gg•68' T.O. CEILING °� 38�3' F S 86.25 00 E� �5 SOUNDYIEW AVE., SOUTHOLD NY 11511 � �� R MARK PERMEABLE 5URFAGE PERMEABLE SURFACE GRADE r' NEW 4x4 PRE55URE TREATED SEAL AND S16NATURE: P05T5 ON P.G. FOOTIN65 TO « I EXTEND 3'-3" BELOW GRADE, 4 L -J 6ALV. METAL CLIP CONNECTORS (BOTTOM OF FT6'S TO REST ON � UNDISTURBED SOIL AND/OR 100% c0. COMPACTED FILL WITH MIN. 2,000 P5F SOIL BEARING CAPACITY, TYP. r: BOTTOM OF FOOTING TO RE5T 3FT �� `ST` §'/T �C1 ,L EXISTING CELLAR SLAB ABOVE HIGHEST WATER TABLE OR ca 0 ' �` F CONSULT WITH EN6INEER, TYP. PROP05M 10 FT.DE'NON-TURF i M-4' PROPOSED DECK a W YE6ITATED BUFFER PER TRUSTEES EXISTING DWEL.IN6 (TO MATCH ORIGINAL PATIO) o J PERMIT DATED DA 2021. 2 B�VFF lu / "All 03043 �pP of / 5rZGTION A FOF NE v /PROP05ED WOOD DECK # STEPS s TO 6RADE 03'-4' x 2V-2 1/2' PROPOSED 10 FT.CAP 1? IRREOUL.AR). NON-TURF VE6ITATED PER TRU5TEE5 PERMIT VA COASTAL EROSION o E:XI5TIN6 ELEVATED CONCRETE PATIO TO �, NOTE: BY INCLUSION OF THIS NOTE,THE OWNER HAS DIW2021. � HAZARD LINE `y� BE REMOVED AND REPLACED WITH WOOD BEEN ADVISED THAT PRIOR TO ANY CONSTRUCTION FRAM DEGK. AND/OR DEMOLITION WORK, IT SHALL BE THE OWNER'S RESPONSIBILITY TO OBTAIN A BUILDING PERMIT FROM THE 6OVERNIN6 BUILDING DEPARTMENT. THE x pc 1 �2 31b� EXIST.PATIO TO BE REMOVED. /p, �. L �P• PROP05W ON-6RADE PATIO: 11 b• s �P EX15T. GONG. A� MA50NRY PAVERS OVER 6RAVEL HITEGT DOES NOT RECOMMEND AND DOES NOT MONUMENT �,O . N PATIO TO BE 25 W �� PERMEAl 5URFAGE). GUARANTEE THAT 50LELY BY THE PREPARATION OF PROP05M ON-0WNDE PATIO: �0VED - ` MASONRY PAVERS OVER GRAVEL �. �q4 (SVE�GT TO TRUSTS APPROVAL) THESE PLANS SHALL CONSTRUCTION OGGUR PROPER m O AREA = C14 5.F. REVIEW AND APPROVAL BY A QUALIFIED BUILDIN6 TABLE 5URFAGE). "'.sue, 50 2\ W DEPARTMENT OFFIGIAL 15 REQUIRED PRIOR TO AOBJEC,T TO REA = fib STRU51EE5 APPROVA 4 0 `� �;15 8\ N GON5TRUGTION. PROP05ED WOOD LANDIN6 - 00 0 R Issues and Revisions WITH 5T8'5 TO GRADE �y N � GP`5 Wj No. Date Issues and Revisions -�pOP ��SA;I � 5 u- �� /19/201q PERMIT SET W\N�o5\b��P� 56 b FLopR 6 w 'L' EXISTING RIDGE ID 10/I5Act REVISED PER BUILDING DEPT. FL 2\A DECKS i FIN15HED BASEMENT REVISED PER BLD6. DEPT. r� IN o AGDR10 pOR Or COMPLIANCE WITH 2O20 RE5. CODE O S 44 OF NY5 PROPOSED IN-GROUND POOL UNDER EX15TINO PLATE ® 10/26/21 DECK REVISED PER BLD6. DEPT. AG PERMIT#4453q. 1/2&/22 DECK REVISED PER BLD6. DEPT. y� � � 4/18/22 DEGK ONLY PLANS FOR BZA 7� g. P00� 8/I/22 DEGK ONLY PLANS FOR BZA o{r v. v\PANT N-p8 J o ��� � � P00\-�Q Q WcQ 5/24/23 REVISED PER BZA yo, -j �� ~ r `I/Iq/23 REVISED PER BZA iS °C` yti� K 3/14/24 REVISED PER CLIENT y �PLP. W j VeLl EXISTING FIR5T FL. DISTRICT 1000-SECTION 051DO � �o T.O. CEILING �SO O BLOCK 01.00-TAX LOT 012.000 W 5AM ORLOF5KI cA LIBER 12ggq-PA6E 818 - � � o GRADE N QRADE PROJECT POINT OF BWINNIN6 -T EXISTING- i W-1I�' i V-4'PROPOSED DECK SM #: (TO MATCH ORIGINAL PATIO) ZONE: -- j� �o NEW 5/4"x 6" IPE DEGKIN6 WITH 51TE INFORMATION DERIVED FROM ` �� g�� �1 36" HIGH GABLE RAILING. FLOOD SURVEY PREPARED BY: ZONE: X HEIDECKER• LAND 5URVEYIN6, �� c� EX15TINO GELLAR SLAB Draw By: DLS HOLBROOK,, NY 11141.ITE 22, Y DATED: 4/45/2022 �� C-Az ' Date: 8/2q/2019 :p s � AL MAP REVIEWED BY ZBA ��E� STON# �7 - O .��- _ ♦ )ATED """""5.-� ��..� Proj. North OT PLAN - V � R10HT 51ME ELEVATION SCALE:: 1"= 20'-O" LOT AREA = 33,055 5.F. MONUMENT FOUND `✓ P SCALE: I"= 20--0" DO NOT SCALE PRINTS BOARD MEMBERS ®f ®U Southold Town Hall Leslie Kanes Weisman, Chairpersons ��® 53095 Main Road • P.O. Box 1179 Patricia Acampora �® �® Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento ® y� 54375 Main Road(at Youngs Avenue) Um� Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS &� 10 :0d lbw TOWN OF SOUTHOLD F E B - 7 2023 Tel. (631) 765-1809 )L �� Southold Town Clerk, FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 19, 2023 ZBA FILE: 7720 (AMENDED FEBRUARY 2, 2023) NAME OF APPLICANT: Sam Orlofsky PROPERTY LOCATION: 18575 Soundview Avenue, Southold,NY SCTM: 1000-51-1-12 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 thru 14-25, and the Suffolk County Department of Planning issued its reply dated September 7, 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 December 29,2022. 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 the LWRP policy standards and is therefore INCONSISTENT with the LWRP as follows: 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 ad minimizes effects of development. The "as-built" structures (poured concrete footings) do not enhance community character and set a precedent on lots in the neighborhood and within the community. The structure is placed within a 100-foot setback from a natural feature(bluff)known to erode over time, even when hardened. It is inconsistent with this policy. Policy 4. Minimize the loss of life, structures, and natural resources from flooding and erosion. The parcel is located within the Coastal Erosion Hazard Area (CEHA). The proposed 22.78 percent lot coverage on the parcel is contrary to preventing loss to the structure in hazardous areas. The structures within these areas are subject to repetitive loss from storm surge-induced erosion events and should be avoided and or minimized. Setbacks should be minimized. i Page 2,January 19,2023 (AMENDED FEBRUARY 2,2023) #7720, Orlofsky SCTM No. 1000-51-1-12 The survey shows a leaching pool seaward of the house. It should be relocated farther from the bluff. 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. Based upon the denial of non_conforming lot coverage as applied for, and Alternative Lot Coverage at 21.16% herein,and the fact that the leaching pools cited above as inconsistent were installed by the applicant as a requirement of approval by the Town Trustees to capture rain water runoff from a berm to be installed along the top of the bluff designed to redirect runoff over the bluff,the Board of Appeals now finds the proposed action to be CONSISTENT with the LWRP. SOUTHOLD BOARD OF TRUSTEES:-On August 18, 2021 the Board of Trustees addressed an application for an Amendment to Wetland Permit#9638 and Coastal Erosion Permit#9638C under the provisions of Chapter 275 of the Southold Tow Code,the Wetland Ordinance of the Town of Southold. At this time the LWRP coordinator found the application to be Consistent. The Trustees approved the application. The applicant was to restore the hedgerow on the east and west property line; construct Egress basement window (30' wide x48" deep) to existing foundation to comply with the building code (building permit#44320); reconstruct existing raised patio to original dimensions 14' x 25' and 8'x8' and resurface with new IPE decking; remove retaining blocks from bluff area; and as depicted on the site plan prepared by Jeffrey Patanjo, last dated August 16, 2021. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 33,038 square foot parcel located in the Residential R-80 Zoning District. The northerly property line measures 59.98 feet, then moving southerly at 38.13 feet and easterly at 69.68 feet totaling 162.79 and is adjacent to Long Island Sound.The easterly property line measures 248.81 feet, the southerly property line measures 15 feet moves north then measures 82.06 feet for a total of 87.06 feet and is adjacent to Soundview Avenue; the westerly property line measures 289.64 feet. The property is improved with a one-story frame residence a small attached rear deck to be replaced on the northwest side of the residence and a larger concrete deck that was demolished on the northeast side of the residence that was there are now concrete footings for the proposed wood deck. There is an in the ground swimming pool with attached hot tub located south of the residence in the front yard and pool equipment and a generator along the front west side of the property with a stockade fence enclosing it with gravel parking in the front property off of Soundview Avenue as shown on the survey map prepared by John Gerd Hiedecker,,LS, and dated April 6,2022. BASIS OF APPLICATION: Request for Variances from Article XXII, Sections 280-116A(1); Article XXIII, Section 280-124; and the Building Inspector's July 15, 2022 Notice of Disapproval based on an application for a permit to construct deck additions to an existing family dwelling at; 1) located less than the minimum code required 100 feet from the top of the bluff; 2)more than the code permitted maximum lot coverage of 20%; located at: 18575 Soundview Avenue, Southold,NY. SCTM#1000-51-1-12. RELIEF REQUESTED: The applicant requests variances to construct deck additions to an existing single-family dwelling. The proposed construction is not permitted pursuant to Article XXII Section 280-116A(1), which states: "All buildings or structures located on lots upon which there exists a bluff landward of the shore or beach shall be set back not fewer than 100 feet from the top of the bluff." The site plan shows the proposed deck to be located at 43.9 feet from top of the bluff, at its closest point. Additionally, the proposed construction on this non-conforming parcel is not permitted pursuant to Article XXIII Section 280-124 which allows for a maximum of 20%lot coverage: the site plan indicates the lot coverage at 22.78%of the buildable area shown on the site plan drawings submitted by Diego L. Steisel,Architect, and dated last revised August 1,2022. ADDITIONAL INFORMATION: As noted previously,the Board of Trustees approved the applicant's request and at that time the LWRP coordinator approved the request as consistent. The subject application was deemed inconsistent by the LWRP coordinator. The applicant's representative stated that renovations began on the property in 2019. Two Certificates of Occupancy have been issued to the property; #Z2337 on January 12, 1966 for a One J Page 3,January 19,2023 (AMENDED FEBRUARY 2,2023) #7720,Orlofsky SCTM No. 1000-51-1-12 Family Dwelling and 42874 on February 28, 2022 for Additions and Alterations including a recreation room in the basement, and a rear entry deck to a single-family dwelling with four bedrooms. Two Building Permits were also issued in 2022; #47135 to legalize an as-built generator, and#47633 to construct an in-ground swimming pool. The Wetland Permit granted by the Town Board of Trustees did not include the small deck. As indicated above,the LWRP coordinator has considered the concrete footings of the deck "as built". The applicant explained that the footings, poured in 2020, were only temporary for the new deck and act as a retaining wall. The footings created a dangerous situation and the as built wood retaining wall filled with gravel temporarily cover the footings and make it safer. The neighbor to the west had questions about the deck and the elevated stairs to the deck. The neighbor to the east was not happy with any further construction near the bluff,the proximity of a BBQ fireplace to her lot line, and submitted photos of the applicant's property taken from her adjacent property. More plantings would help preserve her privacy along the total easterly line. The applicant's attorney submitted a list of prior ZBA decisions on Soundview Avenue granting relief for bluff setbacks; however only one was comparable to this subject application(ZBA#3794)which was rendered on 12/17/88 for a 30-foot top of bluff setback. It should be noted,however, that since 1988 substantial erosion has occurred along the bluff face caused by increasingly frequent severe weather events.No priors were submitted for non-conforming lot coverage in the area. AMENDED ADDITIONAL INFORMATION: Originally Denied in Part and Granted in Part on January 19, 2023. In a letter dated February 1, 2023, the applicant's attorney, on behalf of her client, requested that the Board amend the Denial of proposed Lot Coverage. In her letter she described that the reconstruction of the Deck(#1) described as roofed over the steps to grade is 383 square feet shall bring the total structures to 4,307 square feet or a total of 21.16% lot coverage, and therefore, requests this calculation as a minimum variance. The owner indicated that he will forgo the construction of Decks #2 and 93, thereby reducing the total lot coverage. The Board, on February 2, 2023, agreed to Grant the Alternative relief for Lot Coverage as indicated below. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 5, 2023 at which time written and oral evidence were presented. Based upon all testimony, documentation,'personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance for lot overage will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Expanding the footprint of the decks beyond the size of what was demolished will increase the percentage of lot coverage to 22.78%. which is 2.78% over the code permitted maximum lot coverage of 20% which is not in keeping with the character of the neighborhood along Soundview Avenue. Amending the relief will increase lot coverage 1.16%. In addition, any expansion of construction on the seaward side of the subject dwelling would be detrimental to the stability of the bluff as increasingly frequent extreme storms are causing regular erosion of the bluff every year. Construction with non- conforming bluff setbacks also adversely effects adjacent properties and their bluff stability Grant of the variance for the proposed bluff setback will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties since the proposed bluff setback will not increase the degree of non-conformity that has existed on the subject property for many years and the applicant has protected the buff with retaining walls, rock revetment, a berm, non-turf buffer and drainage as required by the Town Trustees. since the J Page 4,January 19,2023 (AMENDED FEBRUARY 2,2023) #7720,Orlofsky SCTM No. 1000-51-1-12 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant for the non-conforming lot coverage can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The proposed decks can be reduced in size or eliminated to create a lot coverage that conforms to the code permitted maximum of 20% or less. The benefit sought by the applicant for the proposed seaward decks with a non-conforming bluff setbacks cannot be achieved without variance relief since the entire dwelling has a non-conforming bluff setback; so any construction on the seaward side of the dwelling will require a variance. 3. Town Law &267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 43.9% relief for the proposed bluff setback and 13.9% relief for lot coverage as applied, and less substantial at 5% for the proposed Amended 21.16% lot coverage. However, keeping the deck size and bluff setback the same as the decks that were demolished would result in a conforming lot coverage and would maintain the same bluff setback that legally existed with a certificate of Occupancy prior to demolition. Moreover,the bluff setback will be mitigated by the installation of a 10-foot-deep non-turf vegetated buffer as required in the permit issued by the Town Trustees. 4. Town Law&267-b(3)(b)(4). Evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. However, these impacts will be mitigated by the required conditions of approval of the Town Trustees and by this Board; and the applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law U67-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 4267-b. Grant of the requested relief is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of expanded deck additions 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 Dantes, and duly carried, to DENY the lot coverage as applied for, and (AMENDED) GRANT ALTERNATIVE RELIEF of 21.16% Lot Coverage; and GRANT the setback of proposed improvements to the Top of the Bluff, as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: (Amended for Alternative Relief) 1. Evergreen screening along the west and east side yards of the property lines seaward of the dwelling,beginning five feet landward of the seaward corners of the dwelling and running no less than 20 feet toward LI Sound,shall be installed and continuously maintained to provide visual privacy for adjacent properties. 2. The applicant shall adhere to Board of Trustees August 23, 2021 Amended Wetland Permit#9638 and Coastal Erosion Permit 49638C conditions of approval relating to the restoration of the bluff. 3. The deck with roof over shall remain unconditioned non-habitable space and any other decks must remain open to the sky. 4. The applicant shall submit a revised dated,signed and sealed Site Plan and amended Architectural Plans showing conforming lot coverage no greater than 21.16% and top of bluff setback no less than 43.9 feet. Before applying for a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final dated,signed, and sealed site plan and, dated, signed and sealed Page 5,January 19,2023 (AMENDED FEBRUARY 2,2023) #7720,Orlofsky SCTM No. 1000-51-1-12 architectural drawings showing the recalculation of lot coverage, etc conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals 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. 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 LIMITS ON THE APPROVAL(S) GRANTED HEREIN Please Read Carefully Any deviation from the survey, site plan and/or architectural drawings cited in this decision, or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, 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, demolitions, or demolitions exceeding the scope of the relief granted herein, 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. 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), Acampora, Dantes, Lehnert, and Planamento (5-0). Leslie Kanes Weisman, Chairperson Approved for filing o� / /2023 AMENDED DECISION FEBRUARY 2, 2023 BOARD MEMBERS ®�®�UFFO(/C Town Hall Annex Leslie Kanes Weisman, Chairperson 53095 Route 25,Main Road Patricia Acampora ® P.O. Box 1179 Eric Dantes Southold,NY 11971 Robert Lehnert,Jr. ® ® Telephone(631)765-1809 Nicholas Planamento http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD February 3, 2023 Patricia Moore Attorney at Law 51020 Main Road Southold,NY 11971 Re: ZBA FILE: 7720, Sam Orlofsky 18575 Soundview Avenue, Southold SCTM No. 1000-51-1-12 Dear Mrs. Moore; We received your letter dated February 1, 2023 requesting further review by the Board of Appeals based on facts you submitted related to ZBA application(Appeal Number 7720) and the decision rendered by the Board of Appeals on January 19, 2023. In that decision the Board granted bluff setback relief for a proposed roofed over deck(labeled#1) and denied variance relief for non-conforming lot coverage of 22.78% as applied for. You explained that an error in lot coverage calculations must have been made since the construction of the proposed covered deck labeled#1 will result in 21.16% lot coverage. Consequently, by denying a lot coverage variance, deck#1 could not be legally constructed. At the Regular Meeting of the Zoning Board of Appeals on February 2, 2023, I explained your request to the entire Board and then called for a vote to amend the original decision in order to grant alternative relief for 21.16% lot coverage. The Board members voted to amend the decision, as attached. If you have any additional concerns or questions, please contact the Town Attorney's office. Si rely yours, Leslie Kanes Weisman ZBA Chairperson cc: Building Department PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 February 1, 2023 By Email Leslie Kanes Weisman, Chairperson and Board Southold Town Zoning Board of Appeals Town Hail Annex, 54375 Main Road, Southold,NY 11971 Ike Owner: Sam Orlofsky Premises: 18575 Soundview Avenue,Southold Appeal #7720 Dear Chairperson Weisman and Board: I received the Board's decision dated January 19, 2023, and filed January 23, 2023. The Board approved our variance request for the setback to the bluff(43.9') and the deck with roof over(to remain unconditioned non-habitable space)and other decks. However, the Board mistakenly found that"keeping the deck size and bluff setback the same as the decks that were demolished would result in a conformin-a lot coverage and would maintain the same bluff setback that legally existed with a Certificate of Occupancy prior to demolition". This is incorrect. Reconstruction of the demolished decks authorized in the Board's decision results in a lot coverage in excess of 20 percent. The"Lot Coverage Summary"shown on the plot plan submitted to the Board identifies all of the existing structures are 3,924 square feet in size. Reconstruction of the Deck#1 [roofed over with steps to grade] is 383 square feet bringing total structures to 4,307 square feet(21.16 percent lot coverage) Thus, the Board approved reconstruction of the demolished deck to be rebuilt as described, requires a de minimus variance of 1.16 percent. This is acceptable to the owner who will forego construction of the structures identified as Deck 42 and Deck#3 on the Plot Plan's Lot Coverage Summary. Please note,the New York State Building Code requires egress stairs which will be built in front of the doors with a minimum code compliant stoop. See attached Town Code 280-4 "Building Area". We respectfully request that the Board correct the decision which approved the decks placement but denied the lot coverage, in effect, denying the decks. As you know we only have 30 days to address the inconsistency of the decision very truly rs, atrtca Moore Town Code 280-4: BUILDING AREA The aggregate of the maximum horizontal cross section of the buildings on a lot, measured between the exterior faces of walls. M The term "building area" shall include the following: LqL Balconies. Terraces, patios, decks and other structures above the finished grade.. SQL Swimming pools, tennis courts and other similar structures. The term "building area" shall exclude the following: Cornices, eaves, gutters, chimneys and fireplaces, projecting not more than 28 inches from exterior walls. B .Steps and open porches, projecting not more than five feet from exterior walls and having an area of not more than 30 square feet. First-story bay windows projecting not more than three feet from exterior walls and exterior cellar doors projecting not more than six feet from exterior walls. Fuentes, Kim From: Patricia C. Moore <pcmoore@mooreattys.com> Sent: Wednesday, February 1, 2023 10:37 AM To: Fuentes, Kim;Westermann, Donna; Sakarellos, Elizabeth; DeChance, Paul Cc: Betsy Perkins; Sam Orlofsky; Maria Berman Subject: ZBA decision#7720 Attachments: doc00663520230201102342.pdf attached is a letter to the Board regarding the decision. There is an inconsistency in the decision which leaves us without any approvals. From the language of the decision, it would appear that the Board was prepared to give "alternative relief" in order to allow the owner to rebuild the raised patio/decks which had CO's. Please forward this to the Board. The 30 day statute of limitations is running. Please confirm. Thank you Pat Patricia C. Moore, Esq. PLEASE BE SURE TO COPY MY ASSISTANTS betsyPmooreattvs.com,and kvlee@mooreattvs.com ........................... Mailing & Physical Address: Moore Law Offices 51020 Main Road William D. Moore, Esq. Southold NY 11971 631.765.4663 Fax Number: P tricia C. Moore, Esq. 631.765.4643 631.765.4330 www.mooreattys.com (TENTION:This email came from an external source. Do not open attachments or click on links from unknown senders r unexpected emails. 1 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex *®F S®U� P.O. Box 1179 54375 State Road Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY CA) Telephone: 631 765-1809 http://southoldtownny.gov UNT`I,�� ZONING BOARD OF APPEALS DECEIVE® Town of Southold OT JAN 2 3 2023 U�4 Southold 'town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 19, 2023 ZBA FILE: 7720 NAME OF APPLICANT: Sam Orlofsky PROPERTY LOCATION: 18575 Soundview Avenue, Southold,NY SCTM: 1000-51-1-12 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 thru 14-25, and the Suffolk County Department of Planning issued its reply dated September 7, 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 December 29,2022. 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 the LWRP policy standards and is therefore INCONSISTENT with the LWRP as follows: Polio. 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 ad minimizes effects of development. The "as-built" structures (poured concrete footings) do not enhance community character and set a precedent on lots in the neighborhood and within the community. The structure is placed within a 100-foot setback from a natural feature(bluff)known to erode over time, even when hardened. It is inconsistent with this policy. Policy 4. Minimize the loss of life, structures, and natural resources from flooding and erosion. The parcel is located within the Coastal Erosion Hazard Area (CEHA). The proposed 22.78 percent lot coverage on the parcel is contrary to preventing loss to the structure in hazardous areas. The structures within these areas are subject to repetitive loss from storm surge-induced erosion events and should be avoided and or minimized. Setbacks should be minimized. a Page 2,January 19,2023 97720, Orlofsky SCTM No. 1000-51-1-12 The survey shows a leaching pool seaward of the house. It should be relocated farther from the bluff. 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. Based upon the denial of non-conforming lot coverage herein, and the fact that the leaching pools cited above as inconsistent were installed by the applicant as a requirement of approval by the Town Trustees to capture rain water runoff from a berm to be installed along the top of the bluff designed to redirect runoff over the bluff, the Board of Appeals now finds the proposed action to be CONSISTENT with the LWRP. SOUTHOLD BOARD OF TRUSTEES: On August 18, 2021 the Board of Trustees addressed an application for an Amendment to Wetland Permit#9638 and Coastal Erosion Permit#9638C under the provisions of Chapter 275 of the Southold Tow Code, the Wetland Ordinance of the Town of Southold. At this time the LWRP coordinator found the application to be Consistent. The Trustees approved the application. The applicant was to restore the hedgerow on the east and west property line; construct Egress basement window (30' wide x48" deep) to existing foundation to comply with the building code (building permit#44320); reconstruct existing raised patio to original dimensions 14' x 25' and 8'x8' and resurface with new IPE decking; remove retaining blocks from bluff area; and as depicted on the site plan prepared by Jeffrey Patanjo, last dated August 16, 2021. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 33,038 square foot parcel located in the Residential R-80 Zoning District. The northerly property line measures 59.98 feet, then moving southerly at 38.13 feet and easterly at 69.68 feet totaling 162.79 and is adjacent to Long Island Sound.The easterly property line measures 248.81 feet,the southerly property line measures 15 feet moves north then measures 82.06 feet for a total of 87.06 feet and is adjacent to Soundview Avenue; the westerly property line measures 289.64 feet. The property is improved with a one-story frame residence a small attached rear deck to be replaced on the northwest side of the residence and a larger concrete deck that was demolished on the northeast side of the residence that was there are now concrete footings for the proposed wood deck. There is an in the ground swimming pool with attached hot tub located south of the residence in the front yard and pool equipment and a generator along the front west side of the property with a stockade fence enclosing it with gravel parking in the front property off of Soundview Avenue as shown on the survey map prepared by John Gerd Hiedecker, LS, and dated April 6,2022. BASIS OF APPLICATION: Request for Variances from Article XXII, Sections 280-116A(1); Article XXIII, Section 280-124; and the Building Inspector's July 15, 2022 Notice of Disapproval based on an application for a permit to construct deck additions to an existing family dwelling at; 1)located less than the minimum code required 100 feet from the top of the bluff; 2)more than the code permitted maximum lot coverage of 20%; located at: 18575 Soundview Avenue, Southold,NY. SCTM#1000-51-1-12. RELIEF REQUESTED: The applicant requests variances to construct deck additions to an existing single-family dwelling. The proposed construction is not permitted pursuant to Article XXII Section 280-116A(1), which states: "All buildings or structures located on lots upon which there exists a bluff landward of the shore or beach shall be set back not fewer than 100 feet from the top of the bluff." The site plan shows the proposed deck to be located at 43.9 feet from top of the bluff, at its closest point. Additionally,the proposed construction on this non-conforming parcel is not permitted pursuant to Article XXIII Section 280-124 which allows for a maximum of 20% lot coverage: the site plan indicates the lot coverage at 22.78%of the buildable area shown on the site plan drawings submitted by Diego L. Steisel,Architect and dated last revised August 1, 2022. ADDITIONAL INFORMATION: As noted previously, the Board of Trustees approved the applicant's request and at that time the LWRP coordinator approved the request as consistent. The subject application was deemed inconsistent by the LWRP coordinator. The applicant's representative stated that renovations began on the property in 2019. Two Certificates of Occupancy have been issued to the property; #Z2337 on January 12, 1966 for a One Family Dwelling and 42874 on February 28, 2022 for Additions and Alterations including a recreation room in the Page 3,January 19,2023 #7720,Orlofsky SCTM No. 1000-51-1-12 basement, and a rear entry deck to a single-family dwelling with four bedrooms. Two Building Permits were also issued in 2022; 447135 to legalize an as-built generator, and#47633 to construct an in-ground swimming pool. The Wetland Permit granted by the Town Board of Trustees did not include the small deck. As indicated above,the LWRP coordinator has considered the concrete footings of the deck "as built". The applicant explained that the footings, poured in 2020, were only temporary for the new deck and act as a retaining wall. The footings created a dangerous situation and the as built wood retaining wall filled with gravel temporarily cover the footings and make it safer. The neighbor to the west had questions about the deck and the elevated stairs to the deck. The neighbor to the east was not happy with any further construction near the bluff, the proximity of a BBQ fireplace to her lot line, and submitted photos of the applicant's property taken from her adjacent property. More plantings would help preserve her privacy along the total easterly line. The applicant's attorney submitted a list of prior ZBA decisions on Soundview Avenue granting relief for bluff setbacks; however only one was comparable to this subject application(ZBA#3794)which was rendered on 12/17/88 for a 30-foot top of bluff setback. It should be noted,however,that since 1988 substantial erosion has occurred along the bluff face caused by increasingly frequent severe weather events.No priors were submitted for non-conforming lot coverage in the area. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 5,2023 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance for lot overage will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Expanding the footprint of the decks beyond the size of what was demolished will increase the percentage of lot coverage to 22.78%. which is 2.78% over the code permitted maximum lot coverage of 20% which is not in keeping with the character of the neighborhood along Soundview Avenue. In addition, any expansion of construction on the seaward side of the subject dwelling would be detrimental to the stability of the bluff as increasingly frequent extreme storms are causing regular erosion of the bluff every year. Construction with non-conforming bluff setbacks also adversely effects adjacent properties and their bluff stability Grant of the variance for the proposed bluff setback will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties since the proposed bluff setback will not increase the degree of non-conformity that has existed on the subject property for many years and the applicant has protected the buff with retaining walls,rock revetment,a berm,non-turf buffer and drainage as required by the Town Trustees. since the 2. Town Law U67-b(3)(b)(2). The benefit sought by the applicant for the non-conforming lot coverage can be achieved by some method,feasible for the applicant to pursue, other than an area variance. The proposed decks can be reduced in size or eliminated to create a lot coverage that conforms to the code permitted maximum of 20% or less. The benefit sought by the applicant for the proposed seaward decks with a non-conforming bluff setbacks cannot be achieved without variance relief since the entire dwelling has a non-conforming bluff setback; so any construction on the seaward side of the dwelling will require a variance. 3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 43.9% relief for the proposed bluff setback and 13.9% relief for the proposed 22.78% lot coverage. However, keeping the deck size and bluff setback the same as the decks that were demolished would result in a conforming lot coverage and would maintain the same bluff setback that legally existed with a certificate of Occupancy prior to demolition. r Page 4,January 19,2023 97720,Orlofsky SCTM No. 1000-51-1-12 Moreover, the bluff setback will be mitigated by the installation of a 10-foot-deep non-turf vegetated buffer as required in the permit issued by the Town Trustees. 4. Town Law V67-b(3)(b)(4). Evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. However, these impacts will be mitigated by'the required conditions of approval of the Town Trustees and by this Board; and the applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law V67-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6.Town Law&267-b. Grant of the requested relief is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of expanded deck additions while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13,motion was offered by Member Acampora, seconded by Member Dantes, and duly carried, to DENY the lot coverage as applied for, and GRANT the setback of proposed improvements to the Top of the Bluff, as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Evergreen screening along the west and east side yards of the property lines seaward of the dwelling, beginning five feet landward of the seaward corners of the dwelling and running no less than 20 feet toward LI Sound,shall be installed and continuously maintained to provide visual privacy for adjacent properties. 2. The applicant shall adhere to Board of Trustees August 23, 2021 Amended Wetland Permit#9638 and Coastal Erosion Permit#9638C conditions of approval relating to the restoration of the bluff. 3. The deck with roof over shall remain unconditioned non-habitable space and any other decks must remain open to the sky. 4. The applicant shall submit a revised dated,signed and sealed Site Plan and amended Architectural Plans showing conforming lot coverage no greater than 20%and top of bluff setback no less than 43.9 feet. Before applying for a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final dated,signed, and sealed site plan and, dated,signed and sealed architectural drawings showing the recalculation of lot coverage,etc. conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals 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 r Page 5,January 19,2023 #7720,Orlofsky SCTM No. 1000-51-1-12 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 LIMITS ON THE APPROVALS) GRANTED HEREIN Please Read Carefully Any deviation from the survey, site plan and/or architectural drawings cited in this decision, or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, 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,siteplan andlor survey cited above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, 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. 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), Acampora, Dantes, Lehnert, and Planamento (5-0). Geslie Kanes Weisman, Chairperson Approved for filing / /�o /2023 o r[9-� � COUNTY_ OF SUFFOLK ` IVI) SEP 2 1 2022 OFFICE OF THE COUNTY EXECUTIVE Steven Bellone ��a� hoId To SUFFOLK COUNTY EXECUTIVE �� ��E r� Sarah Lansdale Department of Commissioner Economic Develop ent and Planning September 7, 2022 RECEIVED Town of Southold SEP 21 2022 Zoning Board of Appeals 53095 Main Road Zoning Board of Appeals P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal He Number Sam Orlofsky 07RE I Very truly yours, � a�4e A? lr&;v By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning &Environment H.LEE DENNISON BLDG 100 VETERANS MEMORIAL HWY,11th FI s P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 OFFICE LOCATION: MAILING ADDRESS: �p;ui1 Town Hall Annex QF Soar P.O.Box 1179 / 54375 State Route 25 0�� yol Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) O Southold,NY Telephone:631 765-1938 www.southoldtownny.gov G � PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM FRECEIVED To: Leslie Weisman, Chair DEC 3..p 2022 Members of the Zoning Board of Appeals From: Mark Terry,AICP Zoning'I P rd'of Appeals Assistant-Town Planning Director LWRP'Coordinator Date December 29,2022 Re: LWRP Coastal Consistency Review for ZBA,Fi_leRef'SAM'ORLOFSKY#7720 SCTM 1000-51-1-12. SAM ORLOFSKY #7720 - Request for,Vari.ances:from .Article XXII, Section 280-116A(1); Article XXIII, Section 280-124; and the Building Inspector's August 12,2022,Amended August 25,2022 Notice of Disapproval based on an application for a permit to construct deck additions to an existing family dwelling at; 1) located less than the minimum code required 100 feet from the top of the bluff; 2)more than the code permitted maximum lot coverage of 20%; located at: 18575 Soundview Avenue, Southold,NY. SCTM No. 51-1-12. 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 INCONSISTENT with the below LWRP policies. 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. The as-built structures(poured concrete footings)do not enhance community character and set a precedent on lots in the neighborhood and within the community. The structure is placed within a 100' setback from a natural feature(bluff)known to erode over time, even when hardened. It is not consistent with this policy. Policy 4. Minimize the loss of life, structures, and natural resources from flooding and erosion. The parcel is located within the CEHA. The proposed 22.78 percent lot coverage on the parcel is contrary to preventing loss to structure in hazardous areas. The structures within'these areas are subject to repetitive loss from storm surge-induced erosion events and should be avoided and/or minimized. Setbacks should be maximized. The survey shows a leaching pool seaward of the house. It should be relocated farther from the bluff. 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. n ,� RECEIVED FORM NO. 3 SEP 0 6 2022 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. Zoning Board of Appeals Q NOTICE OF DISAPPROVAL lit-V Q{ DATE: November 23, 2021 C U ��P A UPDATED: January 3, 2022 `v�� �t RENEWED: April 22, 2022 X RENEWED: August 12, 2022 AMENDED: August 25, 2022 TO Sam Orlofsky 18575 Soundview Avenue Southold,NY 11971 Please to notice our ap cation received November 10, 2021: For permit t : Constru dec additions to an existing single family dwelling Location of pr e : 18575 Soundview Avenue, Southold,NY County Tax Map No. 1000—Section 51 Block 1 Lot 12 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 3 3,03 8 sq. ft. parcel, in the Residential R- 80 District, 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 site plan shows the proposed deck to be located at 43.9' from top of bluff, at its closest point. Additionally,the proposed construction on this non-conforming_parcel is not permitted pursuant to Article XXIII Section 280-124 which allows for 20%lot coverage; the site plan indicates the lot coverage to be 22.78% of the buildable area. This dismvroval has been amended based on an updated site plan provided on 8-11-22. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. 'CC: file, Z.B.A. FORM NO. 3 R �TVE`CJ TOWN OF SOUTHOLD A����� 2 BUILDING DEPARTMENT SOUTHOLD,N.Y. z�oni�g�oarrd°of�pj�pWs NOTICE OF DISAPPROVAL ;2tD DATE:November 23, 2021 UPDATED: January 3, 2022 RENEWED: April 22, 2022 :+ T!FEWE"D, ugusx�.12, 2022 TO: Sam Orlofsky 18575 Soundview Avenue Southold,NY 11971 Please take notice that your application received November 10, 2021: For permit to: Construct a deck additions to an existing_single family dwelling at: Location of property: 18575 Soundview Avenue, Southold,NY County Tax Map No. 1000—Section 51 Block 1 Lot 12 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 40,000 sq. ft. parcel, in the Residential R- 80 District, 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 site plan shows the proposed deck to be located at 43.9' from top of bluff, at its closest point. Authorized Signature D 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. 0 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only zf� P& Fee: $ Filed By: Dates Assigned/Assignment No. AW NAN oning Board of Appeal Office zoning Board of A eals Notes: House No. 18575 Street: Soundview Avenue Hamlet Southold, NY11971 SCTM 1000 Section 51 Block 1 Lot(s) 12 Lot Size 33,037 Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED August 12, 2022 BASED ON Architect's Site plan Last dated 8/01/22 Applicant(s)/Owner(s): Sam Orlofsky Mailing Address:177 9t' Street, Apt. 5K, NY, NY 10011 Telephone:347-350-2457 Fax #: _c/o 631-765-4643_Email: _pcmoore@mooreattys.com 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: Patricia C. Moore Esq. for (X ) Owner, or ( ) Other: Agent's Address: 51020 Main Road, Southold NY 11971 Telephone_ 631-765-4330 Fax #: 631-765-4643 Email: pcmoore(a,mooreattys.com Please check box to specify who you wish correspondence to be mailed to, from the above names: C Applicant/Owner(s), or X Authorized Representative, or C Other Name/Address below WHEREBY THE BUILDING INSPECTOR REVIEWED Architect's Site plan DATED 8-1-22 and DENIED AN APPLICATI 11/10/21 FOR: RWumf X Building Permit 20t C Certificate of Occupancy C Pre-Certific to of Occupancyi11� IRf C Change of Use C 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- 116 A (1) Subsection Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. Article XXII Section 280-116A(1) setback from the bluff Lot Coverage- Lot size reduced by CEHL encroachment into the property. C A Variance due to lack of access required by New York Town Law-Section 280-A. C Interpretation of the Town Code, _Section C Reversal or Other A prior appeal C has , X has not been made at any time with respect to this property, UNDER Appeal No. Year . (Please be sure to research before completing this question or call our office for assistance.) CM1402409Z V6D Name of Owner: Sam Orlofsky ZB REASONS FOR APPEAL (additional sheets may be used with preparer's signature)• AREA VARIANCE REASONS. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The existing house was renovated. This application does not extend toward the bluff any closer than the original structures. A proposed roofed over screened-in deck will replace a previously existing elevated cement deck/patio. The proposed deck includes elevated walkway with an overall width of 49'31/2" located 43.9' from the easterly top of the bluff and 9' x 21' proposed deck on the west side of the house in front of the bedroom is proposed at 53.85' to the top of the bluff. An existing hot tub located adjacent to the top of the bluff (constructed by the previous owners) was removed. The proposed structures are not going closer than the elevated concrete patio of the existing house. The elevated concrete patio was removed while the house was being renovated. The setback to the top of the bluff is maintained at 43.9' (closest point). The existing house was renovated with a building permit(permit#44320 issued 10/22/19), and the existing raised concrete patio was removed and proposed to be replaced with both open decking and roofed over decking, all as are shown on the plans prepared by Diego L. Steisel, architect. The Trustees reviewed the deck (not the proposed screened in covered deck) and approved the project. The Trustees application will be amended, if the ZBA approves the proposed structures, we will apply to the Trustees to amend our permit. Town Code 275- wetland code- A roof over a permitted structure does not require Trustees permit (it will nevertheless be shown on the amendment of the decks). The Lot Coverage is affected by the Coastal Erosion Line. The existing structures are 19.28% without the elevated patio which was removed to replace with decking material. The proposed elevated decks are small. The primary deck (roofed over) is approximately 14' x 17' and replaces the elevated cement patio. The only new is "proposed deck #2" which is an elevated walkway, and the 16' x 6' deck adjacent to the bedroom. LSKUG026PARZ (2) The benefit sought by the applicant CANN zjv � e method feasible for the applicant to pursue, othe e, because: when the existing concrete raised patio was demolished, the reconstruction requires a variance. The existing structure has a CO and was originally constructed in 1966. The Trustees issued a wetland permit for the existing house and proposed rear deck on 8/23/21. The applicant has been living in the house with temporary access while the plans were being prepared. The proposed covered deck and elevated walkways are more functional and do not extend closer to the bluff than the original elevated concrete raised patio. The existing house was constructed with the rear raised concrete patios and the back doors of the house access onto the rear raised patio. On the northeast side of the house the existing windows were replaced with French doors and access is required. The rear deck will be extended by 8.75'to the east for the access but will maintain the existing setback to the bluff(44.8') with steps down on the side. The existing setback to the top of the bluff will not be reduced. (3) The amount of relief requested is not substantial because: The setback variance is substantial (43.9') however, the existing house and extended proposed roofed over deck setback is being maintained. The setbacks to the bluff have not changed. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The property has a new bulkhead and rock revetment to protect the toe of the bluff. The house is existing, and the renovations have included drywells, gutters, and leaders to prevent stormwater runoff from entering adjacent parcels and controlling the stormwater runoff from affecting the bluff. Part of the bulkhead improvements included re- grading the rear of the property to direct all surface water runoff to the south and away from the bluff. The owner has invested in the long-term protection of the bluff. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X )No. The existing house and raised patios were less than 100' to the top of the bluff. RfLMy Are there Covenants and Restrictions concernin A. Trustees non-turf buffer C&R's will be recorded pr r to pemp*&M construction (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney. Signatu ppellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this I�t day of Qv , 20_2 . Wa s. -L c'R e Notary Public KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01 DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 APPLICANT'S PROJECT DESCRIPTION j;ARff(BEEMD APPLICANT: Sam orlofsky DATE PRE8-18-22 1.For Demolition of Existing Building Areas Please describe areas being removed: oEbTgWBCdrd pP@' none II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: decks and covered screened in porch Dimensions of new second floor: nonenone Dimensions of floor above second level: none Height(from finished ground to top of ridge): one story Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: no M.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: existing residence renovated Number of Floors and Changes WITH Alterations: proposed deck#1-383 SF proposed deck#2 136 sf;proposed deck#3 191 sf IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 3,924 Proposed increase of building coverage: 710 Square footage of your lot: 20,345 Percentage of coverage of your lot by building area: 22.78% V.Purpose of New Construction: proposed decks and a covered deck to the rear of the house. access from the doors requires decking. original house,prior to renovation,required elevated concrete patios. 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): propoerty is adjacent to the bluff. The location of the Coastal Erosion Line affects the buildable area for lot coverage calculations. Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION pp A. Is the subject premises listed on the real estate market for sa e? PREIIV�D Yes No w P f MY � B. Are there any proposals to change or alter land contours? Appeals No Yes please explain on attached sheet. �o°n n �o°arc�of als C. 1.)Are there areas that contain sand or wetland grasses? I 2.)Are those areas shown on the survey submitted with this application? A',-c 3.)Is the property bulk headed between the wetlands area and the upland building area? NV 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? Y19y Please confirm status of your inquiry or application with the Trustees: 14mryc -Ti y��-.k7ic, r)-oz n;iA,cf 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? 95 OV = E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? N D 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? �RS If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: 11 Lis t 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? If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel L"�( t St-rfyt V,;r4 and the proposed use S ° 0_ c `+etri-t`"& . (ex: existing single family,proposed: same with garage,pool or other) (at..c1 ;4 , (_ ,, L. Authorized signature and Date FORM NO. 4 TOWN OF SOUTHOLD BUILDING; DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. RECEIVED ; SEP 0 6 2022 Zoning Board of Appeals CERTIFICATE OF OCCUPAN i No. .z....�g3ir�......... Date ......................Jmjuw.j:.. .12..... .. 19. .�. i THIS CERTIFIES that the building located at r Map No. .....3=......... Block No. .3=............. Lot No. ....... .eX=L........Southold,.....H . conforms substantially to the Application for Building Permit heretofore filed in this office �Idtec, r 1, a��.. .., 19.65., pursuant to which Building Permit No. . .. 8. dated ...................................Z.M*.....2,2.., 19..6.5., was issued, and conforms to all of the requiref.nents of the applicable provisions of the law. The occupancy for which this certificate is issued i ' ....;:..:'. .Priva -vne--ftroily.•dwerl1img.............................................................................. f Private- 7 .-" r The certificate is issued to .......g1j. .V • 2-4 •R®sel-ttl.......... ....files.............................f ......:i (owner, lessee or tenant) N . of the aforesaid building. y' H.D.Approval Sept 7s 1961 by H. ®ills t 1 i 1 Building Inspector .a . 1 a y 1r 1 / 1 j! M1 ' l I C 1 j o�os Ffot Town of Southold 2/28/2022 P.O.Box 1179 N 53095 Main Rd �ooap.14j' Southold,New York 11971 CERTIFICATE OF OCC Al'-MgBr�'� SEP 0 6 2022 a LU-- No: 42874 Date: q2//ZZ5IL02 ZZ�Ni�g-l3oadcPof Apee SIs THIS CERTIFIES that the building ADDITION/ALTERATION als Location of Property: 18575 Soundview Ave., Southold SCTM#: 473889 Sec/Block/Lot: 51.-1-12 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 10/3/2019 pursuant to which Building Permit No. 47267 dated 12/27/2021 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: additions and alterations including recreation room in basement and rear entry deck,to existing single family dwelling with four bedrooms as applied for. The certificate is issued to Orlofsky,Sam of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 47267 1/20/2022 PLUMBERS CERTIFICATION DATED 2/25/2022 SF Orlofsky A oriz ignature TOWN OF SOUTHOLD V�ogOfFolq.���y BUILDING DEPARTMENT o TOWN CLERK'S OFFICE w x;1 SOUTHOLD, NY BUILDING PERMIT REkEQE D (THIS PERMIT MUST BE KEPT ON THE PREMISS _ WITH ONE SET OF APPROVED PLANS AND SPECIFIC IONP' �'6-2Q22 UNTIL FULL COMPLETION OF THE WORK AUTHOR Z D) oPtp�6� o>��ppeal Permit#: 47135 Date: 3 2021 Permission is hereby granted to: Orlofsky, Sam 440 W 21stSt New York, NY 10011 To: Legalize as-built generator at existing single family dwelling as applied for. Must be 15 feet from side yard property line. Additional certification may be required. At premises located at: 18575 Soundview Ave., Southold SCTM #473889 Sec/Block/Lot# 51.-1-12 Pursuant to application dated 11/10/2021 and approved by the Building inspector. To expire on 5/25/2023. Fees: AS BUILT-ACCESSORY $200.00 ELECTRIC $170.00 CO-RESIDENTIAL $50.00 Total: $420.00 Building Inspector ;:1- svFvik� TOWN OF SOUTHOLD °may ;.: BUILDING DEPARTMENT x ; TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT RRCE_ LY6D (THIS PERMIT MUST BE KEPT ON THE PR WITH ONE SET OF APPROVED PLANS ANDS EE I I CAT N _6 SES 1121 UNTIL FULL COMPLETION OF THE WORK AUT ZRRIIZ�FD� 0,fo i9I Permit#: 47633 Date: 4/1/2022 Permission is hereby granted to: Orlofsky, Sam 440 W 21stSt New York, NY 10011 _ To: Construct accessoryin round swimming-g g pool as applied for. Replaces BP#44539. At premises located at: 18575 Soundview Ave., Southold SCTM#473889 Sec/Block/Lot# 61.-1-12 Pursuant to application dated 4/1/2022 and approved by the Building Inspector. To expire on 10/1/2023. Fees: PERMIT RENEWAL $150.00 Total: $150.00 Bu'din pector _� f Glenn Goldsmith,President q S0(/j Town Hall Annex A.Nicholas Krupski,Vice President ,`O� Ol0 54375 Route 25 John M.Bredemeyer III P.O.Box 1179 Southold,New York 11971 Michael J.Domino G • � Telephone(631)765-1892 Greg Williams '�'O A�� Fax(631)765.6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLDrBoard August 23, 2021 "op Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: SAM ORLOFSKY 18576 SOUNDVIEW AVENUE, SOUTHOLD SCTM# 1000-51-1-12 Dear Mrs. Moore: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, August 18, 2021: WHEREAS, Patricia Moore, Esq., on behalf of SAM ORLOFSKY applied to the Southold Town Trustees for an Amendment to Wetland Permit#9638 and Coastal Erosion Permit#9638C under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated June 9, 2021, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be -found to be Consistent with the-Local Waterfront Revitalization Program policy_ standards, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS,.the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, 3 . 2 _ NOW THEREFORE BE IT, SEP 0_6 2022__ /k/Vk RESOLVED, that the Southold Town Board of Truste s APPROVE the Amen ment to Permit 9638 & 9638C for the restoration& revegetati A & bI ff due to work on bluff. All disturbed areas to be planted with ss plugs at 12" OC with additional 65 cy of clean fill to restore area.Proposed coir logs (@107') with 20 cy of clean fill at the top of the bluff, plant with native vegetation and graded landward of existing bluff to direct all drainage to proposed drywells. Establish 10,"non- turf vegetated buffer" landward from top of bluff, existing staircase will be cut back to new grade and 4' platform from end of stairs to level ground, as needed. Proposed drywell to capture roof runoff and surface runoff prior to reaching top of bluff and running over bluff; restore hedgerow on east and west property line; construct Egress- basement window (30"wide x 48" deep) to existing foundation to comply with building code (building permit#44320); reconstruct existing-raised patio to.original dimensions (14' X 25') and (8'X 8') and resurface with new IPE decking; remove retaining blocks from bluff area; and as depicted on the site plan prepared by Jeffrey Pa_tanjo, last dated August 16, 2021 and stamped approved on'August 18, 2021. The Permittee is required to provide evidence that a copy ofthis Trustee permit has been recorded with the Suffolk'County Clerk's Office as a.notice covenant and deed restriction'to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. Fees must be paid, if applicable, and permit issued within sik-months of the date of this notification. Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) This is not a determination from any other agency. Fees: None Sincerely, _ - - - -A Nicholas-Krupski;Vice- President Board of Trustees ANKfdd =BOARD OF TRUSTEES I I MOa Pm A LESS m roaa �amwa c c 1 me ,Awma owr -TQWN=OF:SOUTHOLD LONG ISLAND SOUND `�� - ? 'DATE, -{ G�Plgr_: `��J. �Js p ___„c•�'eE���� � M®YQYVO MRIfAI1Q� 1,-' � J • _-.-- �$._`.�-- __ --- -= ��-_—'_-_' __= nor xaa ocmo gamy m• ,.. - -_ - ==-•Ss`---~g_-===.�''2�-�_.3_- ewc zQ mr,E�Ilai mn '{o-l. - ry mun Ar rurOn rlmlGn,•wm •a- ------�=��' __ ______ n°rv�mlw nvn a01�ia mom - • --- _ Imms.YA wAn eusasa¢wanw ___--__ _'_�_„�_=- _._._____. 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NOTES. s' Aye PTog i Permi Plans , =,o• 1. LOT AREA 33,037 S.F. / 0.758 ACRES /' s PROPERTY OWNCR PREPARED BY: 2. PORTIONS OF PLAN FROM SURVEY PREPARED BY: SAM ORLOFSKY JEFFREY PATANJO ATION MAP 2:2-2D,9 2-2-20 42 C GERD TREET,K IN STO / '9 177 SITYO , N - APT 5K P 0. BOX 562 CTION 7-10-zo NEW YORIC, NY 10011 BOHEMIA, NY 11716 9-1-2o SURVEY CROWN STREET, DAUGUS NY 2019 631-484-9332 18575 SOUNDVIEIY AVENUE 2-24-21 SURVEY LATEST DATED AUGUST 9, 2019 C,0 SOUTHOLD, TOWN OF SOUTHOLD JJPATANJO®GMAIL.COM SUFFOLK COUNTY. NY a-le-z1 6-7-21 a) TAX MAP NO. 1000-St-1-12 SHEET. I OF 1 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivisio prova�on . with an agricultural district OR within 500 feet of a farm operation locate in an a istnct. All applications requiring an agricultural data statement must be re fe ed to unty Department of Planning in accordance with Section 239m and 239n f the V In-1 Law. Zoning Board of Appeals 1. Name of Applicant: � G 'P 1 s 2. Address of Applicant:_( 5=' r1 V 3. Name of Land Owner(if other than Applicant): -6 4. Address of Land Owner: 5. Description of Proposed Project: �� ems-, sr ty-r% 6. Location of Property: (road and Tax map �,, �- number) I `iS• -7 �.,' tc��/+�'t,v £�7v ., 7 4�6t, 7. Is the parcel within 500 feet of a farm operation? { } Yes { } No 8. Is this parcel actively farmed? { } Yes { ) No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the,back"of is page if there are additional property owners) r Signature of—Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. � 1 617.20 Appendix B Short Environmental Assessment Form Instructions for ComyletinL SEI' 0 6 2022 Part 1-Project Information. The applicant or project sponsor is responsible fort m letion of Part 1. Respo es become part of the application for approval or funding,are subject to public review,and mm� }l�$ c tion. Complete Part 1 based on information currently available. If additional research or inve 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 and5ponsor Information Name of Action or Pr ect: Ct,41 GIjG /s Project Location(describe,and attac a location map): l" Brief Description of Proposed Action: v� A Name of Applicant or Sponsor: Telephone: E-Mail: Address: r� /`77 x � SIC City/PO: State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? S acres b.Total acreage to be physically disturbed? c% acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? S acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 t� 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of th ex sting buiA[s� ® NO YES landscape? SEP 0 6 2022 7. Is the site of the proposed action located in,or does it adjoin,a state li to C &2 ? NO YES If Yes,identify: oucir or Appeals K 1E14 -Or 8. a.Will the proposed action result in a substantial increase in traffic abo a presen NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: \ X- 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: .K 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? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? y If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: I` 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands Early mid-successional ❑ Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES V 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? I(NO❑YES X b.Will storm water discharges be directed to established conveyance systems(rungff and storm drains)? If Yes,briefly describe: ONO❑YES Page 2 of 4 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)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? UT If Yes,describe: P ® 20- 20.Has the site of the proposed action or an adjoining property been the subj rof7re ediation(ongoing or NO YES completed)for hazardous waste? ��B�rr� If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE y Applicant/sponsorname: AItCrt. Date: Signature:.: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 i No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the comple ' n of P question in Part 2 that was answered"moderate to large impact may occur",or if there is a d to ex whYplay a particular element of the proposed action may or will not result in a significant adverse environmenta pact,Y EP Q 6 Part 3 should,in sufficient detail,identify the impact,including any measures or design ele ents that navo..,,,. ______i the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead ag determined that the impact may or will not be significant.Each potential impact should be assessed considering its se ' 91 i a lls duration,irreversibility,geographic scope and magnitude. Also consider the potential for s rin - 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 AUTHORIZATION (Where the Applicant is not the Owner) SEP 0 6 2022 .k�i-aq I, l� residing at / 7 q/1' �t :� ! (Print property owner's nam 4 (Mailing Address) /(` , NY /00// do hereby authorize (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's ignae) 3 t, (Print Owner's Nam 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. c, C)/- .YOURNAME: c J c 6 {'_� ti _ !" (Last name,first name,middle initial,unless you ar applying in the name of someone else or of a entity,�ta 9 company.If so,indicate the other person's or company's na e.) I VED TYPE OF APPLICATION: (Check all that apply) S EP 0 6 2022 Tag grievance Building Permit Variance X" Trustee Permit Change of Zone�c Coastal Erosion �0�11p9 Board of Appeals Approval of Plat Mooringg Board o Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agentlrepresentative)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 clla, of j V - ,20 Signature �- 441 Print Name -!99,jo nJoAvL 1 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics Prohibits conflicts of interest on the part of town officers and employees The mrpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Lc (Last name,first name,middle initial,unless you are applying in the name of someone else or oth r entity,s company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) S E P O 6 2022 Z LULL - Tax grievance Building Permit Variance 7C Trustee Permit i89jRg 58 �� Of Appea s Change of Zone Coastal Erosion ° APPeajs Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold l 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•�'�y�� da �,20 aP� Signatu Print Name C4<<c k r A4 lt,( f Town of Southold LWRP CONSISTENCY ASSESSMENT FO A. INSTRUCTIONS SEP 0 6 2022 1. All applicants for permits* including Town of Southold agencie , ��}�� �e�F for proposed actions that are subject to the Town of Southold Waterfro s ° dame This assessment is intended to supplement other information used by a Town of ou cy 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# 51 _ 1 _ 12 The Application has been submitted to(check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity,agency regulation, land transaction) ❑ (b) Financial assistance(e.g. grant, loan,subsidy) (c) Permit,approval, license,certification: ❑ Nature and extent of action: Application to the ZBA for setbacks to the top of the bluff and lot coverage variance due to"buildable area". The existing house was renovated and the existing cement raised patios were demolished. The proposed decks will maintain existing setbacks to the top of the bluff. i Location of action:18575 Soundview Avenue,Southold - Site acreage:33,037 Buildable Area to the Coastal Erosion Line is 20,345 L-O2 Present land use:existing house,pool in front yard and proposed rear decks Present zoning classification:R-40 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:Sam Orlofsky (b) Mailing address:177 9th Avenue,NY NY 10011 (c) Telephone number:Area Code( )c/o Pat Moore 631-765-4330 (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 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. 7Yes ❑ No ❑Not Applicable the existing house was built in 1966 and was recently renovated by the owners. The existing cement(raised)patios were to be replaced with decking. Once the cement was removed a variance was required to reconstruct the deck. A proposed covered&screened in porch in the same location and same setback as the original cement patio is proposed. the proposed structues are maintaining the setbacks of the previously existing structures. Lot coverage has been adversely affected by the reduction of the lot size to the CEHline.A variance is required to build the decks. 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 no archeological resources are affected. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria n ,� ❑✓ Yes ❑ No ❑ Not Applicable &b the renovation of the house was a significant investment.The proposed decks will not affect the scenic reSOL es. SEP U 6 2022 I j of W gals Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑✓ Yes ❑ No ❑ Not Applicable the setbacks have not been reduced from the setbacks of the cement patios constructed in 1966. the bluff was improved with natural vegegation,a bulkhead and armoring,and the house was improved with storm water drainage protection. the Bluff restoration in 2021-22 improved the slope of the bluff and the direction of upland water flow,all done with Trustee's permits. The house and decks were issued Trustees permits. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No W]Not Applicable the house conforms to NYS BUilding Code. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes ❑No❑✓ Not Applicable no activity is proposed seaward of the top of the bluff and draiange has been redeirected away from the top of the bluff. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑No 0 Not Applicable SE-P 0 6 2022 in oard of A eals pea s Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑Yes ❑ No ❑✓ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑Yes ❑ No❑✓ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-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 7 Not Applicable 4 All ID Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Isl "S-ound�hE`lc Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 6 or e ria. ❑ SEP 0 6 2022 Yes ❑ No ✓ Not Applicable Zdain:*q B -fgbA, 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 the improvements increase taxes and support agriculture 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 the updates to the property promote better use of energy resources. Created on 5125105 11:20 AM i 17 mq P 06 2022 �Ztn,nt Boa d qloa 0 Ape��1g ak Ile i a — t l A •N sL 10 6 2022 4 w , ava .r _ 1 i SEP 0 6 2022 `•F - i '. ter-•- 'r�y�. �` 1 _ �. i '�. ��' -- ` r r. NQ,. CV 0. O < Z LL4 �- _ { �a ,�- .. I ` C t i k �A�P,� .a1� .� �. k �'��.4'i .. � -� ✓ ..f�'-i;-:.Y 3{fA i.. n � - .., +L., k ,nii' ,�„' +f�'+: q,'* a'�'a,(�c�w ,e .CI+M� ; .ICI►f ,Yy '�„ "�. _ `"'.'`' ,n' - *. .0" 77 w '�f+�j .}e, _ ''�7X�1 w�,� •�. ',P,• m °X'• +/` ;{'TSB.,'-�� � k k a "�.7, ;''�� +�- rn'�A'~ A- t ,,/, "�� F-f yl�a rJ .. 1. ,,(_ 'f Y`,?I�4 _,w �' t'�.� _���: .' f�,�F • � ' 1� -, .. .s µ r • s Ippp", 1ru In .ru .. n . ol 1 §• - 47 h^. r as TOWN OF SOUTHOLD PROPERTY RECORDS 11 ;�( ' �� NER STREET VILLAGE i DISTRICT SUB. LOT tMER OWNER' N E ACREAGE Ll�l ems- TYPE OF BUILDING eP SEAS. . N 1 � FARM COM�I. I I I CC�B. misc. AND �� IMP. 1:!-AL DATE REMARKS 7� ,d e-.,�.« ' �D 0 0" Arn / LS37� 0e. �f4 / 0 i Z v-v S `Z iLaO p90t� DD —T76 0 -_ �, 6 is Z/� .- �� 3 3 0 _ t� g BUILD LNG C NpI1I NEW NORMAL BLOW ABOVE r� o f Acre Value Per Acre Value g Gs �� ,✓l A 2. ble 1 ° ible 2 - 1 �� -�. ao,GA ��� -!Ze .;.�-, i'fl ✓10 �L< - l ��i 577 able 3 yy3�— l- �(,�,��Lc►o�+ �A< AZA r-NV, ) •► Aland mpland !!land 7179- E1 • Pc.�'YJC�( � ,se Plot n la- d7/.2, - 4-17a6, 7—/ -10 _ 31 ■■ IMMIMMM ■ ■■AN MEN MEN= MN 0N OEM■■NONE ■ ■� Q!1■■O■■E■■■OOE�!■■■ ,=t t ■NIE■■■■■■■ NINE■■■■� low HIM■ORS■■11■■■■S■■ IN■ ■m■■o■m■■MR "M ]END OVA nib .01 �! ■ ■ 0 1 Emma 'am ON .- . -- �: ` �" ■Ott■■�L'■J16!■■■■■■■� EWWAiEM :• .. Raw • f • r Iinterior ► r Attic Rooms Ist Floor .r 7r r RoweA ZBA CHECK FEES - 2022 Funding Account - B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 9/6/2022 Orlofsky,Sam 47720 $1,000.00 2244, 2247 9/19/2022 8/26/2022 Eckstrom-Saavedra 7722 $500.00 2114 9/19/2022 8/26/2022 Stratakis,Christ 7723 $1,750.00 2246 9/19/2022 9/9/2022 Castano,Jose 7724 $500.00 277 9/19/2022 9/12/2022 Fritze Fishers LLC 7725 $500.00 4994 9/19/2022 9/13/2022 Kiely,Julia 7726 - $1,000.00 320 9/19/2022 9/14/2022 Barnard,Thomas 7727 $2,500.00 1015 9/19/2022 9/14/2022 Holobigian, Paul 7728 $500.00 10965 9/19/2022 $8,250.00 RECEIVED SEP 19 2022 Southold Town Clerk ,vn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 09/20/22 Receipt#: 305871 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7720 $1,000.00 1 ZBA Application Fees 7722 $500.00 1 ZBA Application Fees 7723 $1,750.00 1 ZBA Application Fees 7724 $500.00 1 ZBA Application Fees 7725 $500.00 1 ZBA Application Fees 7726 $1,000.00 1 ZBA Application Fees 7727 $2,500.00 1 ZBA Application Fees 7728 $500.00 Total Paid: $8,250.00 Notes: Payment Type Amount Paid By CK# $8,250.00 Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Moore, Patricia 51020 Main Road Southold, NY 11971 Clerk ID: JENNIFER Internal ID: 7728 s ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x '[ In the Matter of the Application of AFFIDAVIT ORLOFSKY OF MAILINGS Appeal #7720 SCTM Parcel #1000-51.-1-12 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Jaimie Lengyel, residing at Cutchogue, New York, being duly sworn, depose and say that: On the 19t" day of December, 2022, 1 personally mailed a true copy of the Notice set forth in the Zoning Board of Appeals Application, directed to each of the persons listed on the attached list at the addresses set below their respective names; that the addresses set below the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said notices were mailed at the United States Post Office at Southold, New York, that said Notices were mailed to each of said persons by CERTIFIED MAIURETURN RECEIPT. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. Jaimie Lengyel Sworn to before me this 19th day of December, 2022 ICuAR s - (Notary Public) KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01 DE6420156 Qualified in Suffolk county My Commission Expires 08-02-2025 RECEIPT RECEIPT RECEIPT RECEIPT 9214 7902 7906 6900 0025 77 9214 7902 7906 6900 0025 60 9214 7902 7906 6900 0025 53 9214 7902 7906 6900 0025 46 FROM: FROM: FROM: FROM: Moore Law Offices RE:ORLOFSKY Moore Law Offices Moore Law Offices Moore Law Offices RE:ORLOFSKY RE:ORLOFSKY RE:ORLOFSKY i SEND TO: SEND TO: SEND TO: SEND TO: David&Cynthia Steinbuch Joseph&Emily Eagan Peter&Harriet Nikakis -PO Box 1324 Beatrice Dupont Southold NY 11971 122 6th Ave 264 Mill Spring Rd 18725 Soundview Ave San Francisco CA 94118 Manhasset NY 11030 Southold NY 11971 I FEES: FEES: FEES: FEES: Postage 0.81 Postage 0.81 Certified Fee 4.00 Postage .81 Postage .81 Certified Fee 4.00 Certified Fee 4.00 Certified Fee 4.00 Return Receipt 3.25 Return Receipt 3.25 _ �. P Return Receipt .,3.25 Return Receipt 325 . Restricted-*,,J . ^_Restricted,.:, Restricted Restricted TOTAL=,,_ "$'8.06 TOTAL'""L=;, . :$„8.06 /T;OTAL r $8:06 TOTAL $8.06 Vill POSTMARK OR DATE POSTMARK OR DATE s c-1l�i r-_ f�.POSTMARK OR DATE POST,MARKaOR;DATE c� 71 IL A. Signature ❑Agent M.00RE LAW OFFICES ❑Addressee 51020 MAIN ROAD X S 0 U T H 0 L D. N Y 11971 B. Received by(Printed Name) C. Date of Delivery Y +. D. Is delivery address different from item 1? El Yes ; 1. Article Addressed to: ry If YES,enter delivery address,below: ❑No J0SE3bH &":Effl.ILY 'E"AGAN 122 ':67H AVE SAN FRANCISCO .C'A"'94118 III��IiIIIII IIIIIIIIIII II IIIII IIII III III II I 9290 9902 7906 6900 0025 64 2. Article Number(Transfer from service label) 3. Service Type ®Certified Mail® [I Certified Mae 9214 7902 7906 6900 0025 60 Restricted Delivery j I ± �111i ±lli 11 r I �I I i i PS FoW 11 .Facshile, July 015 Domestic Return Receipt A.'Signaturd t i °A ent LAW OFFI:GES ?Zl. g 51�L c� . 1%1 ROAD '❑Addressee SOUTHOLD NY 11971 X B. eceived by(Printed Name) C. Date of Delivery Article Addressed to: D. Is delivery address different from item 0 El Yes If YES,enter delivery address below: ❑ No BEATRI,C:E-:-D.UP0NT 18725".`S'V1JhDVIEW AVE SOUT.l0:0;LD" NY 11971 III��I�Illllllll911IIIIIIIIIIII ��IIIIIIIII��� 9290 9902 7906 6900 0025 40 2. Article Number(transfer from service label 3. Service Type N Certified Mail® ❑Certified Mail® 9214 7902 7906 6900 0025 46 RestrictedDeiivery RS tor!W88111P�6s!mllef,(J Oj»201f5 Domestic Return Receipt I 1/9/23,2:20 PM -- USPS.com®-USPS Tracking®Results USPS Tracking' FAQs > Tracking Number: Remove X 9214790279066900002577 Copy Add to Informed Delivery(https:Hinformeddelivery.usps.com/) i Latest Update Your item was picked up at the post office at 4:17 pm on January 4, 2023 in SOUTHOLD, NY 11971. Get More Out of USPS Tracking: m m USPS Tracking Plus® C v n Delivered Delivered, Individual Picked Up at Post Office SOUTHOLD, NY 11971 January 4, 2023, 4:17 pm See All Tracking History Text & Email Updates u USPS Tracking Plus® u Product Information u See Less Track Another Package Enter tracking or barcode numbers https://tools.usps.com/go[TrackConfiirmAction?gtc_tLabels 1=9214790279066900002577 1/2 ORLOFSKY# 7720 Mailing List 51.-1-13 Beatrice Dupont 18725 Soundview Ave Southold, NY 11971 51.-3-3.2 Peter & Harriet Nikakis 264 Mill Spring Rd Manhasset, NY 11030 51.-3-2.1 Joseph & Emily Eagan 122 6th Ave San Francisco, CA 94118 51.4-11 David & Cynthia Steinbuch PO Box 1324 Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------X In the Matter of the Application of AFFIDAVIT OF POSTING #7720 Regarding Posting of Sign Upon Applicant's Land Identified as 1000-51.-1-12 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, of Southold, New York, being duly sworn, depose and say that: On the 22nd day of December, 2022, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, January 5, 202; at 10:30 am. �atricia C. Moore Sworn to before me this Hl" day of ,1e+ uct%,Lj 202-3 Ndtary Public KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01 DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 • .�. •1 ' � � 1� - � L fi 1 �S • 1 ' _ � —1;�`" •�r �,��l� •�'••,],. + •y,~' •� ,y.a�f' ,irk • r ``11r +y+'••; `�c���" .i ,try. r � � i. - *. M . _ s• _'�'���� �-�w�n 1�� l cif a+.•t� -,.,�r} .� , � - -�. r .�wrf O�:'�-K\ 5 ''4.it ♦ �:',''•_ ' tv 110 fit lilt - f jpl + ' v - ' !; .+) 1��1 lr •rf�rl i +'• .SAY; • r. ' d Y i,,j .t^ ', �� :i�� L�{ � +fir - ��• An. Pw d11f4253-4e65-4a2d-96f7-6da35e1f8a88 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,JANUARY 5,2023'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,JANUARY 5,2023: 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.-SHEILA STOLTZ#7699—(Adjourned from November 3,2022)Request for Variances from Article XXIII,Section 280-124;and the Building Inspector's May 12,2022 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a new single family dwelling with a habitable third story;at;1) located less than the code required minimum front yard setback of 40 feet;2)located less than the code required minimum rear yard setback of 50 feet;3)more than the code permitted maximum lot coverage of 20%;4)exceeds maximum permitted stories of two and one half(2'/:);located at:2025 Smith Road,Peconic,NY.SCTM No.1000-98-4-19.2. 10:10 A.M.-KEKJS HEADQUARTERS, LLC#7718-Request for a Variance from Article XXIII,Section 280- 123 and the Building Inspector's August 18,2022 Notice of Disapproval based on an application for a permit to construct a deck addition,and an accessory apartment on the second floors of a pre-existing accessory garage with a room above,at;1)a non-conforming building containing a non-conforming use shall not be enlarged,reconstructed,structurally altered or moved,unless such building is changed to a conforming use;at:28495 Main Road,Cutchogue, NY.SCTM No.1000-102-5-19. 10:20 A.M.-KEKJS HEADQUARTERS, LLC#7719SE-Request a Reversal of the Building Inspector's August 18,2022 Notice of Disapproval relating to Town Code Article X,Section 280-45B(1);Article III,Section 280-13B(13) based on an application for a permit to construct a deck addition and an accessory apartment on the second floors of a pre-existing accessory garage with a room above,and to request a Special Exception pursuant to Article X,Section 280-45B(11)for a Conversion of an existing building to apartments as set forth in and regulated by Article Vil,Section 280-38B(6)of the Residential Office District;located at 28495 Main Road,Cutchogue, NY. SCTM No.1000-102-5-19. SOUTHOLD TOWN BD OF APPLS 2 d11f4253-4e65-4a2d-96f7-6da35e1f8a88 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 10:30 A.M.-SAM ORLOFSKY VjZWequest for Variances from Article XXII,Section 280-116A(1); Article XXIII,Section 280-124;and the Building Inspector's August 12,2022,Amended August 25,2022 Notice of Disapproval based on an application for a permit to construct deck additions to an existing family dwelling at;1) located less than the minimum code required 100 feet from the top of the bluff;2)more than the code permitted maximum lot coverage of 201; located at:18575 Soundview Avenue,Southold,NY.SCTM No.51-1-12. 10:40 A.M.-460 OYSTER PONDS LANE,LLC;ANN G.FFOLLIOTT#7721-Request for Variances from Article III,Section 280-14 and the Building Inspector's July 15,2022 Notice of Disapproval based on an application for a permit for a lot line change to create two nonconforming lots; 1)lots #1 proposed at less than the code required minimum lot size of 40,000 sq.ft. in area;2) lot#1 proposed at less than the code required minimum lot width of 150 feet;3)lot#2 proposed at less than the code required minimum lot depth of 175 feet;located at:510 and 390 Oyster Ponds Lane,Orient, NY.SCTM No.1000-24-1-4.1 and 1000-24-1-2. 10:50 A.M.-PATRICIA AND ARGYRIS DELLAPORTAS #7676—(Adjourned from October 6,2022)Request for a Variance from Article III,Section 280-15 and Building Inspector's May 10,2022 Notice of Disapproval based on an application for a permit to legalize an"as built"accessory building;1)located less than the code required minimum rear yard property line setback of 10 feet; located at:7970 Main Road, East Marion,NY. SCTM No.1000-31-6-32.1. 11:00 A.M.-NICHOLAS TZOUMAS#7717-Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's July 21,2022 Notice of Disapproval based on an application for a permit to construct a second floor addition to an existing single family dwelling,at; 1)less than the code required minimum front yard setback of 35 feet;2) less than the code required minimum rear yard setback of 35 feet located at:35 Clark Road,Southold, NY.SCTM No.51-3-26. 1:00 P.M.-FRITZE FISHERS,LLC#7725-Request for a Variance from Article III,Section 280-14;and the Building Inspector's July 25,2022, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling at;1) located less than the code required minimum front yard setback of 60 feet; located at:560 North Hill Road/Crescent Avenue,(adj.to Hay Harbor) Fishers Island,NY.SCTM No. 6-1-4.3. 1:10 P.M.-THE GAINES GWATHMEY FAMILY 2012 TRUST#7695-Request for Variances from Article 111, Section 280-14;and the Building Inspector's May 24,2022 Notice of Disapproval based on an application for a permit for a lot line change,at; 1)Lot 1&2 measuring less than the minimum code required lot size of 120,000 sq.ft.;2)Lot 1 measuring less than the code required minimum lot width of 200 feet;3) Lot 1&2 measuring less than the minimum lot depth of 300 feet;located at:East End Road&137 Pheasant Drive, (Adj.to East Harbor)Fishers Island,NY. SCTM No.1000-5-2-2&1000-5-2-3. SOUTHOLD TOWN BD OF APPLS 3 1 d11f4253-4e65-4a2d-96f7-6da35e1f8a88 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 1:20 P.M.-NICOLE ECKSTROM AND CARLOS SAAVEDRA#7722-Request fora Variance from Article XXIII,Section 280-123 and the Building Inspector's July 6,2022 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing accessory garage at;1)a non-conforming building containing a non-conforming use shall not be enlarged,reconstructed,structurally altered or moved, unless such building is changed to a conforming use; located at:590 Haywaters Drive, Cutchogue,NY.SCTM No.104-5-22. 1:30 P.M.-JEANNE AND JOSE CASTANO#7724-Request for a Variance from Article XXIII,Section 280- 124;and the Building Inspector's August 11,2022,Notice of Disapproval based on an application for a permit to demolish(as per Town Code definition)and reconstruct a single family dwelling at;1)located less than the code required minimum rear yard setback of 35 feet;located at: 1700 Grathwohl Road, New Suffolk,NY. SCTM No.1000-117-4-3. 1:40 P.M.—CINTHIA THORP#7733-Request for Variances from Article XXIII,Section 280-124;and the Building Inspector's September 12,2022 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling, at; 1) located less than the code required minimum side yard setback of 10 feet;2) located less than the code required minimum combined side yard setback of 25 feet;located at:120 South Lane,(Adj.to Gardiners Bay)East Marion, NY.SCTM No.1000- 37-6-3.4. 1:50 P.M.—TIMOTHY MACDONALD#7734-Request for a Variance from Article XXIII,Section 280-124; and the Building Inspector's October4, 2022 Notice of Disapproval based on an application for a permit to legalize an accessory garage,at;1) located less than the code required minimum side yard setback of 5 feet;located at:405 Mayflower Road,Mattituck,NY.SCTM No.1000- 107-8-21. 2:00 P.M.-JULIA KIELY(BRODER)#7726-Request for Variances from Article Ill,Section 280-15;Article XXIII,Section 280-124;and the Building Inspector's August 18,2022, Notice of Disapproval based on an application for a permit to construct a second floor addition on an existing single family dwelling and to legalize an"as-built" pergola on an existing accessory structure at;1)dwelling is located less than the code required minimum side yard setback of 15 feet;2)pergola is located less than the code required minimum side yard property line setback of 10 feet; located at:16045 Main Road, Mattituck, NY.SCTM No.1000-115-1-7. 2:10 P.M.-RICHARD MARTINO#7694—(Adj.from November 3,2022)Request for Variances from Article III,Section 280-15;Article XXII,Section 280-116A(1);Article XXIII,Section 280-124;and the Building Inspector's May 6,2022 Notice of Disapproval based on an application for a permit to legalize an as-built accessory gazebo with attached deck/patio and an as-built shed;at;1) as built shed located in other than the code permitted rear yard;2)as built gazebo located less than the code required 100 feet from the top of the bluff;3)as built gazebo located less than the code SOUTHOLD TOWN BD OF APPLS 4 i d11f4253-4e65-4a2d-96f7-6da35e1f8a88 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times required minimum side yard property line of 25 feet;located at:3875 Hallock Lane,Mattituck, NY.5CTM No.1000-112-1-8.4. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/webl ink/Browse.aspx?d b id=0. If you have questions,please telephone our office at(631)765-1809,or by email: kimf@southoldtownny.gov. Dated: December 15,2022 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 i SOUTHOLD TOWN BD OF APPLS 5 i d11f4253-4e65-4a2d-96f7-6da35elf8a88 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, i 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: December 29,2022 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 04 day of January 2023 N ary ignatur 9 Q STATE OF NEW PORK i NOTARY PUBLIC: N Notary Public Stamp 's AcooNt N '. OIRE6398443 O SOUTHOLD TOWN BD OF APPLS I 1 RECEIVED Fuentes, Kim From: beatrice dupont <beadupont@yahoo.com> Sent: Monday,January 2, 2023 2:01 PM Zoning Board of Appeals To: Fuentes, Kim Cc: Fred D'HALLEWIN Subject: Appeal #7720 SAM ORLOFSKY January 5th 2023 Attachments: VARIANCE REQUEST#7720 for ORLOFSKY 18575 SOUNDVIEW avenue SOUTHOLD.rtf Good afternoon I Please find enclosed my comments regarding hearing #7720. I was out of town and learned incidentally about it. I will bring hard copies and photos to your office when I return January 4th. Please let me know if you received this and if you need anything further. My best wishes to you and Board members for a Happy healthy New Year. Beatrice DUPONT owner 18725 Soundview avenue SOUTHOLD cell 512 289 4001 ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. I I I i h, h ter; v ....................................................... From: Beatrice DUPONT <beadupont @yahoo.com January 2d 2023 Subject: VARIANCE REQUEST#7720 for ORLOFSKY at 18575 SOUNDvftb avenue SOUTHOLD J qN , TO :LESLIE KANES WEISMAN and board members Zoning bo ppeal¢¢eQJ FACTS bC�9A ° I have lived at 18725 Soundview avenue for over 30 years , adjacent neighbor of ORLOFSY to the east. Previous owner,Ed RESCINITI; with whom we had excel lent'relations, sold the 4� house to ORLOFSKY in January 2019. ' For over 2 years, after ORLOFSKY took possession, adjoining owners were subjected to constant and loud construction noise , destruction of fences and vegetation and an eyesore of construction and demolition debris. Summer 2022 was the first undisrupted Summer since 201.9. Under RESCINITI, bluff side of 18575 Soundview had only one egress : one patio door leading from LR/DR to a small porch in center of home. The porch/deck, was surrounded by heavy evergreen shrubbery. Only the top railing of deck was visible from my home at 18725 .(see 2018 photos from real estate listing). All bluff side vegetation surrounding home and deck at 18575 house was subsequently removed by new owners to make room for new construction, including adding 3 sliding/french doors on bluff side . The one and only former deck, off the Living room, raised soil and concrete, was 0 destroyed. A high masonry wall with a chimney and second outdoor fireplace was erected further on bluff side in June 2021 ,exacerbating visual and privacy issues for neighbors. ( see photos). My home at 18725 sits very close to 18575. My Living room/kitchen windows overlook directly ORLOFSKY deck. In May 2021 , soil was dug and wood forms constructed on bluff side. Concrete footings, located way further towards the bluff than original structure, were poured , less than 50 feet from bluff edge. Footings were never removed and were actually.buried under a timber and gravel patio in July 2022. A trustees hearing took place on August 18 2021 regarding deck extension and revegetating of ORLOFSKY property. Both adjoining neighbors , STEINBUCH at 18385 Soundview, and myself, attended and voiced opposition to further bluff side construction at 18575 SOUNDVIEW. Regardless , two new decks , occupying a larger footprint than original structure, were built in 2022. Requested variance would extend construction even further towards the bluff than original structure . CONCLUSION In addition to environmental concerns, more construction on bluff side at 18575 Soundview , within 50 feet of bluff edge , will negatively affect visual and quiet enjoyment for 18725 owner , due to the close proximity of both houses. A variance can be granted when there are practical difficulties or unnecessary hardship in the way of carrying out the strict application the zoning rules. This is not the case and the requested variance is elective and frivolous . If the board grants the variance, it will open the door to a flood of similar requests by property owners , making current zoning laws obsolete. While I have no objections to ORLOFSKY having a deck on same footprint as previous one, I object to more construction and disruptions on bluff side and respectfully request that members of Zoning board of appeal, deny the requested variance and enforce Town regulations for lot coverage and bluff set back for new construction. Beatrice DUPONT, owner 18725 SOUNDVIEW avenue , SOUTHOLD P .9 :o .a j Fuentes, Kim From: beatrice dupont <beadupont@yahoo.com> 1 Sent: Monday, January 2, 2023 2:03 PM To: Fuentes, Kim Subject: Fwd: Picture 18535 soundview avenue Southold 2018 7NO �n ^A3 Photos of 18575 in 2018 prior to ORLOFSKY [Zoning 1 � �" 1 T)0 � � �. �! -. ...F y.. ,'. Jam^ •�_i w �-. •♦ •'n4 r- �a mow.}.�lr `.tea• � V, !"+�1,��J ,` -- w. - ' mow. '� •�. •-.\.---t� ^.L. � �.w�,.t•n,,,K-�. y+,w y ••Iu� .�,���\. 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Do not open attachments or click on links from unknown senders or unexpected emails. z Fuentes, Kim From: beatrice dupont <beadupont@yahoo.com> ' 1 Sent: Monday, January 2, 2023 2:04 PM To: Fuentes, Kim Subject: Fwd: Wall extension bluff side 18535 SOUNDVIEW 7JA rl Construction bluff side of additional wall and barbecue { TFi 1 ti 1�Z i IV Ilk ,......u.»ywra..` Wall extended May 2021 Ccxr me foundation poured May 28 2021 f `*• h a ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 Fuentes, Kim From: beatrice dupont <beadupont@yahoo.com> Sent: Monday, January 2, 2023 2:05 PM To: Fuentes, Kim Subject: Fwd: Concrete footing May 2021 work Pictures taken from 18725 Soundview RECEIVEL) JAN U 12023 Zoning®oars of r , iF `4 r ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 Fuentes, Kim From: beatrice dupont <beadupont@yahoo.com> Sent: Monday, January 2, 2023 2:18 PM To: Fuentes, Kim l Subject: Fwd: ORLOFSKY deck dec 2021 and July 2022 RECEIVEr� BAN U 3 2023 Zoning Deck ex f'4Ppeals u 202 4adt debYmdp �' ��, r t ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Fuentes, Kim From: beatrice dupont <beadupont@yahoo.com> Sent: Thursday, January 5, 2023 12:05 PM To: Fuentes, Kim Subject: view of 18575 Soundview deck taken from inside 18725 on January 5th 8.00 am a Here it is .Thank you for your help. We really do not need more construction on that side. Beatrice DUPONT ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 !8575 Soundview in 2018,prior to ORLOFSKY ownership. No deck on west side and a small deck in middle, hidden by evergreen bushes.All vegetation was removed to accomodate larger decks . Mao I mow it .r. f Y w�yh� ' {+ M 1 �. • ,. + � d#r`' ,i r' r'wXx 4,} ., •Y.Y` •� �+Ii �Re�n � .. -.. E 17 f� r t r � a..a K'x'S'� .4�r � yM'-•t .-+a•_t ,,w��. ,.wa •a,w�• !tjta✓•�- ,.n�"°14`.4. Lam. '$.� j ! --r;.'�!t� y Oro t Ap �•rlv�. �; t.k'tnl� .` � �� • -. ter.., C"P t'•,i :.w"`� a °';'S.a`�.-yo..`4.- C` i �• ~ 1 � y�T Vex. 4e r �;-. � t pi�c.•1� ll�• i. h � F ii.. .,.•y,•`�.:. � �"1t t�t�fS :�.... A„1r... r`�It�!• { �i •My� ri1'�e�l'�'• �� j :A.d 11 • 'f�L�;t", r s�,�` rn. s- 4j.5�;�o f}a /. t�_�nlp, �. .gyp ,i• �� _ * ! � •��; �5�,y' -�_ �ul� r"��iiy�i:',.q� , hil S hA ti,S of d ck prior owner 201 oto ext .r ' :r IvA a L �'ac -S`J`� N I�ViC L,4/ i � Y f- ft T L From: beatrice dupont beadupont@yahoo.com (,I /) Subject: Concrete footing May 2021 work Pictures taken from 18725 Soundview Date: December 31,2022 at 11:41 AM To: beadupont@yahoo.com C� r a , ti r e r Inn z � y� � 1 t •s. �r� � r..t -� •�,.: I � � I � r ► , I i ►�l , �� � � � l � � �. ' . ` { 1 , ,i d a Early I" ,d i i::► r � .f9 V I im ..--4 .,� � Ewa. .,' �" -�a. •r' � �.-xtg2 ,, �,.+ey „ _ .v. .a'�•swd►r `# .`ram � t•--: �aiJ �a� �. •,+T ,,:.��.r •{:•�`a'9��_�i`a ;?�%F .:ram -"' ��-� ,�"'-•:� }--'v- �°''_ -� -- �-- _ `�_- 1•" r ¢ r*.:: - _ —.a, • ti ..-. - ' - n � 4� �.•� ...,=ram _,` �,,:�a. __ c '€'►� ._ � ,.fit '�►.d J - _ � � .. s .%"a#•�' 3��(e,'.�+v -""� ,fit'.." - +.d,t� `a. ., � .- � _ ._� �'�,`�� _4r !; 7`` r��F#�w •T �tl "`�t'�' ///'''.y'" s:�►-•' - r -_ '•-if - yr. , f M` � r -�4 +-„`rf d�rrr ����`�. 7r.-. ��x� 1�•f� �"`�...'K' A r ,. �t; � A��'.,�'Iys�«, 8 5-7S s0C,,r p u i e V�p V AI ors L- y Fr S D M R Y � •2 � -1= r '�- i� 4 _ i A �. • �w - ,XV - r T � r _ 1 f Orlofsky 18725 Soundview Poured core ete May 31 -- 2021 r �I :� - , 4 � - I• b y� •� lid r ''•�' ,s- �8,s',� -'1 Id Al �ceelT�tF, "` aL�i w 18575 soundview with new deck Summer 2022 " Concrete pilings were later buried under a timber and gravel deck-- Deck occupies ,a larger footprint than deck in place at time of former owner RESCINITI in 2018 f < "�_-- A6 �. on"IF M .:VP.W _ tz v - IN 1 , tit�TC T`A4k -• JI a ' , • Ali* •rr r do F i ��•�� o� QV'o fit. S�,„r �� r�-��('e.�.., Beatrice DUPONT 18725 Soundview avenue Southold NY 11971 To the attention of: Town of Southold Trustees BAN 4 �0z3 -70NIIVGBoARDOFq PPAugust 16 2021 Re Orlofsy 18575 Soundview avenue SOUTHOLD August 18 th hearing I was able to access the on line pending files for AUG 18th hearing. The Survey stamped "received June 9th 2021" adequately reflects the location of elevated concrete patio at time of purchase by Orlofsky in 2019 which was about 12x 13 surface. I 'P I have no objection to Orlofsky rebuilding the elevated patio in the same location and same surface as what existed at time of purchase, right under the third window from the east to the west. Roughly 12'x12'. I object to the patio being extended eastward ,under the two windows closest to 18725 Soundview ( my property) I have no objection to having the former concrete walkway restored in its original location. Further I request that the concrete pilings poured on May 2811, 2021 in a formerly vegetated area be removed . As reasonably feasible, I ask that former vegetation, including row of evergreen hiding former raised patio from view, and fence and privacy edge between 18725 and 18575 destroyed during construction be replanted. Respectfully submitted. Beatrice Dupont I , � Q►� �� Fs� E F1- ��113/97 r i APPL-ALS BOARD MEMBERS SVFFO(� Southold Town Hall Gerard P. Goehringer,Chairman ti`t` Gy 53095 Main Road o P.O.Box 1179 James Dinizio,Jr. co Southold,New York 11971 ,y �� Fax(516)765-1823 Lydia A.Tortora 0,( �a0 Tblephone(516)765-1809 BOARD OF APPEALS 1- ,o TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF NOVEMBER 13, 1997 Appl. No. 4519 - CAROLYN FISHER PARCEL 1000-51-1-7 STREET & LOCALITY: 17975 Soundview Avenue, Southold DATE OF PUBLIC HEARING: October 9, 1997 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-40 Residential Zone District, being situate on the northerly side of Soundview Avenue, Southold. This lot contains a total area of 1.452 acres, with 115 ft. road frontage, and is more particularly shown on a survey dated May 13, 1997, amended June 24, 1997. The subject premises is improved with the following: one-story brick dwelling, accessory brick garage, accessory metal shed, and wooden platform access to stairs at top of bank. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated September 24, 1997 which reads as follows: ". . .under Article XXIII, Section 100-239.4A(1), proposed construction will be within 100 feet from the top of bank or bluff of Long Island Sound. . . ." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate proposed deck addition, at the northerly (rear) wall of existing dwelling. The new deck addition is proposed at 75 feet (or 80 ft. ) at its closest point to the top of the bank of the L. I. Sound (indicated on the survey in pencil by applicant) . R.1:ASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the deck cannot be seen from other properties in the area. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance due to the topography of the lot in question. This lot contains a large retaining wall to the east of the proposed deck. (3) The requested area variance is not substantial representing a t i,Page,2 - November 13, 1997 Appl. # 4519: 1000-51-1-7 (Fisher) Southold Town Board of Appeals reduction of approximately 20 pp y perent of the required 100 ft, setback from the top of the bank. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the deck will not exceed the setback already established by the stairway and concrete wall. (5) The situation has not been self-created and is uniquely related to the charactertistics of the layout of the land. (6) This action is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied. 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Appeal No. 3794: Application of JERRY AND MARY GEORGES for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition(s) to existing dwelling with an insufficient setback from the top of bluff along the Long Island Sound. Location of Property: 18565 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block 1, Lot 22.1. WHEREAS, a public hearing was held and concluded on December 16, 1988 in the Matter of the Application of JERRY AND MARY GEORGES under Appeal No. 3794; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The property in question is identified on the Suffolk County Tax Maps as District 1000, Section 51, Block 01, Lot 22.1, and has a frontage along the north side of Soundview Avenue in the Hamlet of Southold, Town of Southold, of 103.08 feet. 2. The subject premises contains a total area of .625 of an acre (or 27,225 sq. ft. ) and is improved with a single-family dwelling as more particularly shown on the site plan map prepared by Ward Associates, P.C. dated September 28, 1988, set back approximately 30 feet from its closest point to the top of the bank, 10 feet from the westerly side property line, 13+- feet from the easterly side property line, and 133+- feet from the front (southerly) property line. Page 2 - Appl. No. 3794 ' Matter of JERKY AND MARY GEORGES Decision Rendered December 16, 1988 3. By this application, appellant proposes to construct: (a) a second-story open deck at the rear of the dwelling having a size of 719" deep x 24 ' wide, and (b) a 95 sq. ft. proposed dining area extension, all as shown on the First Floor Plan prepared by Ward Associates, P.C. dated September 28, 1988 (Drawing #A-3, Ref. #8512) . Also proposed, as shown, are the reconstruction areas of a portion of the existing dwelling, which are also located within the 100-ft. setback restriction. 4. Article XI, Section 100-119.2, subparagraph A(1) requires all buildings and structures proposed on lots adjacent to the Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff, or bank. 5. The existing dwelling is shown to be set back at 30 feet at its closest point (and 38 feet at the westerly end) from the top of the bank line; the width of the parcel is nonconforming at 103.38 feet. The dwelling as exists is understood to have been built prior to 1957. 6. For the record it is noted that information concerning the percentage of improvements of the building (as regulated by Section 100-118 concerning reconstruction of nonconformities) was requested at the December 8, 1988 hearing, and the following figures were provided by the agent for the applicant: (a) Existing residence (one floor) : 1907 sq. ft. (b) Proposed Addition First floor: 813 sq. ft. (c) Proposed Addition Second floor: 767 sq. ft. (d) Total improved: 3487 sq. ft. (e) Percentage of new sq. ftg. : 46%. 7. In considering this appeal, the Board finds and determines: (a) the activities required for the placement of this construction are to be built without disturbance to the vegetation of the bluff or be adverse to the character of the immediate area; (b) the percentage of relief in relation to the requirement is substantial; however, there is no other alternative for appellants to pursue other than a variance; (c) the practical difficulties are related to the land with the established nonconformities, and are not personal in nature; (d) the grant of this variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (e) in considering all the above factors, the interests of justice will be served by granting the application, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance from Article XI, Section Page 3 - Appeal No. 3794 Matter of JERRY AND MARY GEORGES Decision Rendered December 16, 1988 100-119.2A of the Zoning Code for permission to construct additions as applied in the Matter of JERRY AND MARY GEORGES under Appeal No. 3794, SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be no disturbance or land changes seaward (toward the bluff (or bank) area) - any and all grading, excavating, etc. shall be away from the bluff and directed toward the house/street yard area; 2. Storm or similar drain(s) be installed and down spouts to divert rain and drainage away from the bank area; 3. Second-story deck shall remain open and unroofed; 4. Recommend following guidelines of the soil and Water Conservation District of Suffolk County (see letter to Board of Appeals dated November 17, 1988) , as to the failing bulkhead, et cetera. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Member Doyen of Fishers Island was absent due to serious family illness. ) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN FILED BY 5 e I oleD�,�Kr�r2o� k/dTgQ � Yg ' 'KKK I i t I Top 1;X14'TI►Scy _ 6TEf5•�owtl 6XISTIf.(z 6IU6L-E FANULY IMSIDE.I.1GS WAISW Flgt)T _ • W y SEcct1D FLbot2,A�D�Io►1 a4 sr :p FL..D�GK �� Her N M �?'r• r• _h � t :3 4 Iti!'lill Di-7lr•%1�;\ _taw.secokrD, h'Era' FTiaK'ADDITIaN' ' I ' IO -+-LT►,lti oP Eac alC� IJEW Fu2sr- I FLooe AbDlTioi,!. ' Roof OVER ', S NEW>:i 1Tfh'. I.IZzW 4�W IM6TALL QVW WDU C�iz 14> ?rL�I: LJOS °J t756'FIX.UIttEERC�RWAID' -- 3 .1�i2tGK Pb�1f Fort IJEW 20o AMP SLE-T. L IS To PEED ,p SS'SNILE. IOSTdLL GAR&L-S MoM HouSF_ o+ tuft Lido 6?6L5. r dfPKoVQL- ,v r —F-96 ew.LE.55Pmt6 V' I ` To fauMAiM ui _ w EJCISTRJC� �' $Xf'�TIIIC� WELL.' 7 15 4 ARAcyB' To esmAim P-XISTIW •� -• - DQIvarWdY r. . . IZEMwE Ex15TCy. a 1 o f I&6TALL Mew(s� I POOP"TAI.IK?GAS Q / a� LAE�SZ� LlfmtlTS r:: I LulE"To Hoc*E -/ 1 �2p Fk.4DEX19T'v f U D�OWIJF..R,. • ` w is•ro CaA F- Gal1TRAGTof2, • � � Wl1 1 ' 1 u %v-RF. AgL,y/T w U MtT•f 105.og _ fbLE a 5T `rT Z5889 qlF OF N: I sITE PL-AQ ScdLE: l°m3o' JQFo2MA71oQ T,d<mU FRoA SufZVEY >d,'r" A?QIL-'9, M 7Co SY RoDEfLIGK YAK! TUYL.,Pc.,.L.ev. LC .j 719 - --o� - � 'lip • A'" as y k J APPEALS BOARD MEMBERS �V�S%)FF0j/r Southold Town Hall Gerard P. Goehringer, Chairman ��� Gy 53095 Main Road James Dinizio,Jr. c P.O. Box 1179 Lydia A.Tortora O Southold,New York 11971-0959 Lora S. Collins ZBA Fax(631)765-9064 George Horning y?!Q! 41 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 sire, in violation of Section 100-33B.4, which requires a minimum of 20 feet from the side lot line. AREA VARIANCE RELIEF REQUESTED: In the original request, shown on the survey dated June 1, 2000, the applicant requested a new in-ground swimming pool location at 48 feet from top of the bluff, to replace the former swimming pool, which was located closer to the bluff. Also proposed on the June 1, 2000 survey was a new dwelling with open deck at 62 feet from the top of the bluff at its closest point, to replace the former house which existed closer to the bluff. (The garage was removed from the June 1, 2000 proposal.) At a subsequent hearing held on July 19, 2001, applicant submitted an amended map dated July 18, 2001 proposing modified building setbacks as follows: (a) for a new principal building at 70 feet from the topographic crest of the bluff at its closest point, (b) for a 16102' accessory swimming pool structure at 50 feet at its closest point to the crest of the bluff, and (c) for a 201x20' 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 o t 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. RESOLUTIONIBOARD ACTION: On motion by Chairman Goehringer, seconded by Member Collins, it was RESOLVED, to GRANT setback relief, as applied for and shown on the July 18, 2001 amended survey map, subject to the FOLLOWING CONDITIONS for appropriate landscaping and other measures: 1. Installation of a modified revetment with two tiers of stone or other appropriate material, to meet the approval of applicable environmental agencies, shall be completed as proposed at toe of bluff along frontage of applicant's property. 2. Appropriate replanting of defoliated areas along, at the toe, and upper areas of the bluff with appropriate materials shall be completed as confirmed in the ZBA record and agreed to by applicant's agent and the owner. 3. Appropriate replanting of all areas affected by replacement of stairwell to the beach. 4. Setback of pool, including any deck, shall be at least fifty (50) feet to existing and proposed wood retaining wail indicated on survey submitted by John Ehlers dated 7118/01. t Page 3—August 16, 2001 Appl. No. 4976—M. McAllister Re: 1000-51-1-3 at Southold 5. The principal building (house) replacement, including any deck, shall be at least seventy (70) feet to the crest of the bluff indicated on the 7118/01 survey prepared by John Ehlers. 6. Proposed accessory garage shall be located not closer than 10 feet to the westerly property line, and greater than 100 feet from the top of the bluff. 7. The Zoning Board, its Chairman, or other representative, reserves the right to inspect the property during and after all phases of construction. 8. That there be no storm water runoff which will cause erosion or damage to the bluff areas, and that roof runoff be directed into storm water drains on site landward of the dwelling or at least 100 feet from the top of the bluff. 9. All roof drainage and surface water from this site shall be directed away from the bluff and retained in dry well (s)on this property. 10. Hay bales shall be placed at 45 feet from the top of the bluff for the 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 BY THE SOUTF1,OLD TOW14 CLEIL K Approved for Filing DATE plc?yl o/ HOUR/a;is pm Ta erk, SURVEY.'OF r�TY SITUATE: SOUTHOLD I S N TOWN 50WHOLD E�'AME�IQD 99, I:25 oo;•s-12-30-29.•b0, 06=01;00,12-08-20oa, 6.' _ `0T-I$-01, ,SUFFOLK COUNT r.TAX a h -UFFOLK'COUNYY HEALTH DEP s REF.:a RIO-00-0249 SEPTIC DETAIL° -_ __- __- __ _-_ __ I • �`��1s[���,j�,y 5;'� ems_ _____-__ '-__- __ � not t05G01P. mcrom ':i /D� N" _ ;__-_ _ _ '_ r w•�' .aur9 9''^a°' Ps{waw ol -- ,t ��N� 7I� �iJ�?i.�:w ��' - _ ____--- `�♦ tA rg n• �cl• V4 i°f [,yt T`E5t•'�OIB �s d":•' `C `r:._ _ <. _ —,—_`jam ,m 1� yo^a,wc�• 1. D-ww�'S,m�) • �1 iIN�. _ � J ' (((.•���SSS���••• ,,- I f7�lOn ram Fp!�Ft l 1,.-�. •-�° , Q DLL +• Y .'�� _ •Cnl+.fie• ..%��_Q r / M � 7•t ce fI •��``, u� �(� A 5-0 I, 1 1 +� laa• �,ltn0 � M1, i `F 'A I rrs .rr r ...._..•%.�•..• a � � - t•., � �„ytaaP�o V. 1 ti` •' 3 / - , I' n}4 so . NOTES: MONUMENT .o-uu..m M,.a•�,.n,.,a.,N..Qe ar.u.,u..• p PIPE _ _ "°"'• ELEVATIONS REFER TO MSL NGV729 FLOOD ZONE,INFORMATION TAKEN FROM u� ."a; ,•� `^^� FIRM PANEL 36103G0158,MAY 4 1998 T 7[tR T 1CA�f T p •�Tpu•••••+•+a•+ +•�1Ip� AREA= 85802 OR L9T ACRES r ! JOJLll�l C. E LLeERS LL�1�lLJ �' RVEYOR 7i° 6 EAST MAIN STREET N.Y.S.LTC.NO.50202 6RAPHIC SCALE I:'= W. �`' = RIVERHEAD,N.Y.11901 369-8288 Fax 369-8287 �•-�ER���OS�285R A Cry. -rfFU4 s. -w- ���• alb-11&AG y rates .C�-nil fi rnz/ /I4/�i Office Location: O��QF SO!/T Mailing�dcre : � O Town Annex/First Floor,Capital One Bank ] 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 ► • �OQ Southold,NY 11971-0959 ZVI 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 Jandary 8, 2009, reporting a finding of inconsistency under Chapter 268, Waterfront Consistency Review of the Town of Southold Code, and Local Waterfront Revitalization Program (LWRP) standards. The letter noted that the distance from the bluff for the trellis, swimming pool, and residence (12 Page 2—May 19,2009 ZBA FILE##6237—George Yatrakis CTM 1000-51-1-14 1 feet, 32 feet, and 62 feet, respectively) were less than the minimum code required setback. The amended application, in accordance with the LWRP Coordinator's recommendations, mitigates the original proposal with respect to the setbacks for the dwelling and swimming pool. A letter was also received on January 5, 2009 from the County of Suffolk Soil and Water Conservation District signed by Nicole Spinelli, District Technician, recommending the installation of a berm at the top of the bluff, with a dry well to prevent runoff from flowing over the-edge of the bluff, and that irrigation be kept to a minimum to minimize excess weight and stress on the bluff. FINDINGS OF FACT The Zoning Board of Appeals held public hearings on this application on January 8, 2009 and April 23, 2009, at which times written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true 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 267-13)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, if the pre-existing shed is removed and no trellis is constructed in that location. The placement on the lot of the dwelling and swimming pool will be consistent with that of neighboring structures. 2. Town Law Section 267-b 3 b 2 . The benefit of a dwelling and swimming pool where none exists cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Placement of the house and pool at a reasonable distance from bluff would require a variance for setback from the road. 3. Town Law Section 267-b(3)(b)(3). The proposed variance is not substantial with respect to the house and swimming pool, for which 10 percent and 25 percent relief from code-required 100 feet are requested. A setback variance.that would allow a 12-foot setback for the trellis is substantial. 4. Town Law Section 267-b(3)(b)(5). The difficulty has been self-created so far as the applicant proposes to build a new house with nonconforming setbacks. 5. Town Law Section 267-b(3)(b)(4). Evidence has been submitted to suggest that, because of the fragility of the bluff, a variance in this community may have an adverse impact on the physical or environmental conditions in the neighborhood. This'evidence has been considered in comparison with the placement of neighboring houses, and in the light of the amendments to this application. Page 3—May 19,2009 ZBA FILE##6237—George Yatrakis ^� CTM 1000-51-1-14 I 6. Town Law Section-267-b, Grant of the variance relief is the minimum action necessary and adequate to enable the applicants.to enjoy the benefit of the new construction, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under.New York Town Law 267-B, a motion was offered by Member Simon, seconded by Chairman Goehringer, and duly carried,to DENY the variance for the trellis, and to GRANT the variances for the dwelling and swimming pool, as shown on the amended survey map dated April 3, 2009, prepared by John T. Metzger, L.S. subject to the following CONDITIONS: 1. As stated in the December 11, 2008 letter submitted from the County of Suffolk Soil and Water Conservation District, the applicant shall arrange for proper installation of a berm (with permit authorizations issued by other agencies as may be required by code provisions) located at the top of the bluff with a drywell to prevent runoff from flowing over the edge of the bluff. Every drywell should be installed deeper than any existing clay lenses-in the soil profile to the extent reasonably practical to minimize the risk of groundwater seepage out towards the bluff face and subsequent erosion. Irrigation shall be kept to a minimum. (See attached copy of the above-referenced December 11, 2008 letter). 2. Installation of a dry well in a location at least 75 feet from the top of the bluff or at the sides of the dwelling (subject to the Town-of Southold Storm Water Drainage Code standards) to prevent runoff from'flowing over the edge of the bluff; no debris of any kind shall be discarded on the bluff face. 3. Removal of remains of building. 4. No trellis is permitted. The above conditions shall be written into the Building Inspector's Certificate of Occupancy,when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code.This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimus in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Go ger(Chaff n), 0' t on and neider. (Absent was Member Weisman). This Resolution was duly opted(4.0). RECEIVED? GE GOEHRINGER,CHAIR N /2009 SUN ., 2 2009 64. OY4A outhold Town Cleri SCOHS Rel./I► R1O-07-0099 SURVEY OF PROPERTY N AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-51-01 14 SCALK 1'=30' LOT COVERAGE LONG ISLAND SOUND Aug. 24� 2007 AREA HOUSE S GARAGE 2259 sq-IL Aug.l0,2007 IaddNonsl POOL 512 sq.11 ARY L AUG. 28,2007(TOPOI 2771 Sq.N. ��NDS 8 AUG. 31, Z007(CERTIFICATIONM AREA TO COASTAL EROSION HAZARD Tpi 99.96, Nov 14 2ac7( jrau) LRVE-19,243 sq.11, T; KA N86'100'E � ,2 Mm fjo 2771,19243 ■ 14.4X APPAL _ l!E FEB.Z1,20M e1EVSTLWSI ROOF RUNOFF ____ -- - ------ + Fse 29 7OD6[hfA hr/ry�ser) HSE S GAR -2259 SO). i -- MAR 12,2008(1.vk/onsl 2259 ■I ► OJ7-384 cu.l1. vdr71G2z00oeoe io�:� 384128.3 -14 VF _ ---__ ;1 r a,lac.Aev,so m PROVIDE 3 DRYWELLS 6'0 It Deep _ -a JUNE 10,2008(revisiors) _ JUNE IZ,2006 b..ldaul '� SaTTp° Aug,Z8,2006!gT. arage. SEP /4 zoos IRE-mom) MARCH 26,2009 MEMONQ AREA TO BE REVEGETATEO TO BE ,9 - _ - _--_- 3° I � :U REVEG£TATED WITH pgpy� AND SPECES APPROX P2p00 SOS NO FILL REOURED =z—fI .��= — _ — __ _ — AIR 3 ZVQd09J EXCAVA 770M FOR POOL,HOUSE,6 DRIVEWAY 30 CERTIFIED TO, 5fp GEORGE YATRAXIS MAR1A YATRAX/S - -_ _ r _ _ J0 LAWYERS TITLE INSURANCE COASTAL EROSION ae:• _ _. _ - ez u� hl e r.rrrTa�•!s CORPORATION r HAZAIb Lft-_A�� 47y rumored•; N- wceo 50� - �� $4 w,fti lorc/hs T 4 S 6 N � 61d•g r aw \ I #,e sr ��a � rq. +i e• f sets' t5aa ,,. O m S4 LW "Tc rA%N Ter ¢o a r IR ar.: SAw SW AL Lro a- 11°,p juror SEWAfa 01, GE.DOVML SYSEEM 9 p M ./r LEAaM FOM XV-N DEEP R _` - C r,TH e'CLEAN SAND COLL41 e'MDR root 1-IeeO UAL.PRECAST"M TALK Gpom A' CROSSSECWN m !s Prop ho,13e SEPTIC SYSTM o Tr -1t 7 aeY A-- b � I TEST HOLE DATA I Ry MmONALD 0 N <o � •owes BMW Law a rb .. `s GP 'SIOM WWY SAID SC W01W awxr swc W*f WAVY a+Awa SoQo Raw i # i Away 7LS/HQr V ANYr EL•559' r p ITS 00' FE!Yr a °Pelt lb `? f Blow aAkTrSNo Sc Tz SS now � oat N8770 001W � 100.00' ar PA1LVDN Uilnh M.1 WOW FM le�w sues s+ EL ssv MAP RMEM� BY ZM lump At slaw pl[TO I.ImIAr SAPIDp TOP OF BLL F ESTA�rasa BY OTTERS SOUND �AV19NUE SEEOECCISION 0 L 1 ELEV477ONS REFERENCED rO N.G.V.D. DATED Sl 1` / LLD I am famkiar with the STANDARDS FOR APPROVAL x' I a4h AND CONSTRUCTION OF SUBSURFACE SEWAGE ®w-otry%V4 L DISPOSAL SYSTOWS Fa? SINGLE FAMILY RESIDENCES and wAl abide by the conditions set forth therein and on the permit to construct. i (VACANT j The location of wills and cesspools shown hereon are NO CESSPOOLS WITHIN ! � I from field.observations aad or from data obtained from others. 150, Y. . LIC. NO. 49618 I ANY ALMRAtM OR ADOTION TO US SURVEY IS A VIOLA NON S fC'Gt/R P.� I O-SECRO N 7209 01711E AMW reset STATE EDUCAn0N LAIR AREA = 29,118 sq.11. to lie line EXCEPT As PER sEcim 7209-SUBOINsw 2 ALL CERTe7CATHaIvs COASTAL EROSION HAZARD LINE FROM (6 (63T) 765-1797 HEREON ARE VALID FOR THIS MAP AND COTES 110WOF ClA[Y tF P.O. ttKL ' -.SF SAID Mjo AP COPIES 9£AR 7W MONESSED SEAL OF DIE SURVEYOR 'COASTAL EROSION HAZARD.MAP y� XW APPEARS HFIPEA1t PHOTO *55-578-83 12UINOLD, N.Y. 1 971 STREET 07-170 N F3arrs i G 1.LG 51 1. B ql5 Soundulexoi 4ve• SOu kolot I5 • �(0�50 L►evvt n(i-f-i crvl o� C�crJ2(l i K� a��-�- �(n,eeL. Cov► stye c�l-�c3vt of h ec,� . . S i•v1�•�� �ii,w�rl yy p(cc)��Z i�� �C.C-es,Sb 5 I BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �Of SOT, 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Gcehringer CA bw- Town Annex/First Floor,Capital One Bank George Horning �pQ 54375 Main Road(at Youngs Avenue) Kenneth Schneider Ol,YCD�III� Southold,NY 11971 http://southoldtown.northfork.net E "V D ZONING BOARD OF APPEALS 1 O " TOWN OF SOUTHOLD - 1 2014 Tel.(631)765-1809-Fax(631)765-9064 ZWZ?C_'1Ae FINDINGS,DELIBERATIONS AND DETERMINATION S -thOld rk MEETING OF JUNE 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 REO'VESTED: 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 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 &267-b(3)(b)(1).I 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 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. 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 6267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 6267-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 ZABs<675750—DesaiBarsirsi SCTMN 1.000-51-1-15 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 variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. 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,Chai erson Approved for filing 6 /Q? /2014 SURVEY OF IYMPER7 IVSCTM No. 1006-051-1-15 902p68A PROPOSED CROSS SECTION OF $I►Uafe HousE SA/J1T �isYSTEM FF EL•S.••F• ,CI, J Town Of Southold (�1'�JJ��,,,���� Suffolk County. New York ifi±�� a ............ ......E•:I:ia>:•tyP,....ra,.e. .............................. SCALE: 1' - 30' EL.as2 1a• EL Ido4' 19 P,;.rr..i L 4e.+.• El. 41-1 AREA TO TIE LINE: 29.373 sq.ft. I ( "1.'ae.. or 0.6743 acres aed e: . AREA TO COASTAL EROSION HAZARD AREA LINE: 19.194 sq.f►. or 0.4406 acres LONG ISLAND SOUND 4•M,e El.J6,59 S 89'56'46'E S 79'16'52'E ZONING DISTRICT: 'R-40- S4 8.19' 24.61' N 791g218'Ez5 �' N 84_31'14:Ems._•-' 3g•64 Certified only to: �`i NaanHi6wars :.c 29.52' Laaa,.d�-is-201J Nitin Desei To.orSt.ff E - Locoed 9-25-2013 Coastal Erosion Hazard Area Lino 1 _ - _ o LOT COVERAGE OF RUILOARLE LAND: From Coastal Er Rion Hazard Area Map .------ ---._� ---_-_ --�-"'-" '�-- -�-. '-�- ""-� - ��--. E,i.11n Lot Cor•ra •1.400• Ir.(7.Mz) Photo e55-579-83 _. - _ _ - -" ._..-- - -_.-.. - Erol.9 D.d9ao:Lo$:i.q.n, v' 2 - - --_-__ _------' So E.hriey Srob. !I Ho•-e:J9 -- Er4rLg Shed:152.q.lr. STORMMATER RUNOFF CALCULATIONS - _ - "- -'""-' 64.1eg 1 Story Fran•BeJdln•125/q.lr. Sc Pry. Roof Area,0.167 - _ - _- "-_. --.-.__-- - Eri.leg Shed off I Sly.Fr.9tdg.:JI.q.Ir. Se 2.076 a 0.167 _ _ - `__ _ Permmrd Lot Cor•ra J.eJB,a.fr.I20sJ Sc 540.0 _suss__ Ja •P...... 6a.•d oa�To..of Southold B.Jda61•Land Provide (2) 8' die..6• doe dr II- .-~- -� P 7'• • _ .---_._ fLor nee landward of C-od Ero-in.H....d Line 506 eu.(r. Provided - �. - 09J94 i DW i lodieare• d dr I1 _' - .'-"--`--^_ u------ 40 Prapo/•d Lot C.....IqS:3.049•q.fl.05.69s) propose y.o 4 _ .-Peorosro Na.-Too__-__----------- _ Prop...d H....:1.55Y safl. •...% Ga bo r be t. Foacs Prups..d Front Parch:68-a.fl. Nesavrd - Or BLUFF CREST '- ------ 0.4E Props..d Re.,D•a1:251 T.Tf. :6w•t Indicate.proposed pool dry.ell - - _ _. ....- •-^_---- Prnps.•d Garage:484 s.f1. P i Bluff Lr•-I os per - -- 50 Prapat.d Pool E.ip•Ea�e.ar.:82%fr. Soda.Sarre In Co..P.C. 5` P,opaud Pool.9 copieg:812 p.lr. NOTE: No orbit. fill to 6• )roc.bd Located -TS-20)J oa lm property Ba ldag d Sh.d pf�ropo,ed 4•Wlde l 0 6a ad PafM1 rob Yalslah _oa tal Ere.i_ and•'ea Lin• �'.m -- Ior 8latr Aeeu� -• � .td- 5f /.2'E ' ]1 111c0.old Ge s '....a App�oxia re Loearion of \ SJ.oi P posed ProJeat el.......r 28, 2.0* Eri,ia Soaitar S r Ell F•we d s- TEST HOLE Er. .:St.o• 9 ) y/ , canrr,m, ya e,�,d.nq to be Reoor•0 a.. P ells. ro Lo Sle}•dHay Dd•r Shod J 9'If 141- , Mixed.and. loos d gra.el SCOHS Sroadard- 5sJ Fs.e• Noaore m�N 6.......dy.it, ML s9dBr....illy seed SY 'p'~ : w : �1.D-..illy...d SM -• 1-2Iar•r in 6ra.e /Tell 10!.di we...d SP _ FF Elor. I ND ce. 0roead.o,•r•EI•,.J.0' _ _ -'o SP'4+ w54• e E, ,,,got Srary Fraae Fee D..IImgg O ti 0.8.M FoF a R.SS,Je Pr lodof o o a a 1 t in FINAL MAP n .Lacala 4, m O �, g 9anlary SyS r•a ys�Q REVIEWED B - �•�4a�s f ow:t' '-� i 6 SEE DECISION# ►ro ..d sad Paal F..a. O DATE® / / nra,ay E.dome � > fro oudlD.e► 18.J' Pr ow &;Pad ar oolnOsEms,8 o h�pn:l 5 Dry ' p 2 bfory_' 1 Jf � Fwee { � Appro,ieaH Location o �!, R. d Hoa. �1.0•E o!Emnag House G�o _ _ O �.•.f . Pot - ... I x Approrimata Location 20.2' ` o!Erivm9 me Ho Z s ---- O r Prapae•d- : TEST----- - l o d ! P•r:Ew i HO _ I Orard �tiN ' Drlleea�•-- �__ m Oler we, 41 Land Now or Formerly of ?�• I ! Shad 10 e�' Land No. or Formerly of ay Mary Yatrahis 1 / O rumaro f0� 18975 Sound Vies Avenue LLC .o �j....) 46 E B m rn-raR:nl B•ca.x lr de p....peal V E S. �y d(I)1.000 gal.Sephe Ton1 I o' o 1 Ills..• \ sells R.11 y Fence 1 t Abandoned) m e C.--paol 0.7 i i O ' 46 2 e o byLL N 87- 2'30' RL 440.22- 0 indicates sot loth. 50.2 _t �� `` �_•�9xecplgJ�ly� -b-�4 � indicates found concrete monument. O indicalez found iron rod. • indicates set 12" iron pin. JC'.•.' Q`U'n` t are. ` Y P A:w e m indiaa a5 l,ririr "_-=�. - ; :.:_ --..' ', _ ._,,,,,:•_- NOTES: -:��dg.or var••.nr- >- -'-._:"..? ;• ,,, "{ L Ua..tharirod Oil...Is..ar oddnio.to o somey ssy baring a licensed Iced mrnyon L real i o rimlolin of ucfian 7209.Iabdiri,ian 2 of the N.Y. Ic 14 Smt.Educoflo.Low. No St...I.- ilhi.150' 2. Only capiu fro•the on9final of di.surrey narked rich as ariginal of th. Nor a ral id es.1 eels..earbd Imd Iar.syor'.ee6on.d seal or i.i.d seal shall be con,id.red to be.slid .;Ih orl real pyaed....a ar'.April 1.9 2014.•Revise building to be dairemoved ns ens d copies. u6auid seat d . Severe P J. C.rtificafi-indicated h-a,,i nify.that this..,way...ploparod in February 21. 2014: Lath proposed structures q Februor 7. 2014: Proposed site plan accordance Sit Iha existingCad of Practice for Land Surveys adopted by tho Y P N.Y.State A�- Mtia.of Fofe..fo.ol Land S....yor,.Said cerriicorio.. December 16. 2013: Proposed site plan .hall..,only to she p-a.for hall then y pro red.Gad a.his bhol! December 3. 2013: Locore neighboring shod to the Till.co.pa.y qo.......to)agency and L.edi� aif.rion listed haroon. October 29. 2013: Tos/ hall, ..d to the-ig.-. the leading 1hoian.CarriGcations are not Iron.- October 25. 2013: Nei hborin wall d septic info fe..WE to addlioeal inuimNoas or-ub..q-t on-S. 4. U a.ede,graald i in-it ts ar aecrooch...H.if any.or.act who..h...a.> / Surveyed: September 25. 2013 ll C�� David L. Saskos S. Th.exist....of right of.a.,wdand,andla,oan.enh of..cord.if any. (�. N.Y.S. L i c. No. 049960 .ol.he..are not guarntoo 1. 6. All aatnal renters.shown oa.....y.ind.diag 6.1 not 6.il.d 1.Stull C-I. Saskos Surveying Company. P.C. [laving.and W.Ilaad,should be nrifi.d with tho appropriate r.gulalory agency. e A 124 Cedar Street a East Hampton. New York 11937 7. Ele,.Ii-.he..are based as.USC d GS darua.MAW 1988) S U H V E Y I N O(631)-J24-6917 FAX 329-4768 05 I �I` I �L7�LL77 3 To ZBA From: Pat Moore Esq. Outline for hearing 1-5-23 RE: ZBA ORLOFSKY- #7720 Issues addressed at hearing: (1)An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The existing house was renovated pursuant to a building permit (permit#44320 issued 10/22/19) see pre-construction survey attached Exhibit 1 The existing cement raised patio/decks were damaged during the renovation and the Trustee's authorized extensive work on the bluff. Trustee's permit: 2/12/2020 Permit #9638 & 9638C (wetland and Coastal Erosion Permit) for installation of rock revetment at the shoreline. Replacement of the existing beach stairs with platforms. The permit required the material to be bared onto the property. The contractor cut the bluff to access the shoreline over land rather than by barge. Tfie permit was stopped, and the Trustee's permit had to be amended. 8/18/21 Permit #9638 & 9638C amended: work continued- material was installed at the shoreline and the work included restoration and revegetation of the bluff(12'x 81) with clean fill, rear yard graded to direct water away from the bluff and into new drywells, beach grass & native vegetation planted, 10' non-turf vegetated buffer established (C&R's) and some remediation work to the bluff("mafia block" found in the bluff area) was required by the Trustees. The decks were included in this permit: egress window, reconstruction of raised patio (14 x 25) and 8 x 8 with IPE decking. See Trustee's Amended Permit attached Exhibit 2 The proposed decks will not change the character of the neighborhood or be a detriment to nearby properties in that: • This application does not extend toward the bluff any closer than the original structures or affect the conforming side yard setbacks. • A proposed roofed over screened-in deck will replace a previously existing elevated cement patio/deck which was partially covered by roof beams. • The proposed deck includes an elevated walkway with an overall width of 49131/2" located 43.9' from the easterly top of the bluff and 9' x 21' proposed deck on the west side of the house in front of the bedroom is proposed at 53.85' to the top of the bluff. • An existing hot tub located adjacent to the top of the bluff(constructed by the previous owners) and on the east side of the house was removed. • The proposed structures are not going closer to the bluff than the elevated concrete patio of the existing house. The elevated concrete patio was removed due to age and damage while the house was being renovated. • The setback to the top of the bluff is maintained at 43.9' (closest point). The existing house was renovated with a building permit (permit#44320 issued 10/22/19), and the existing raised concrete patio was removed and proposed to be replaced with both open decking and roofed over decking • All as are shown on the plans prepared by Diego L. Steisel, architect. The Trustees reviewed the deck (not the proposed screened in covered deck) and approved the project. (Trustees permit #9638/9638C issued 8/18/21) • The Trustees application will be amended, if the ZBA approves the proposed structures, we will apply to the Trustees to amend our permit to match the ZBA plans. Please Note that Town Code 275-wetland code- A roof over a permitted structure does not require a Trustees permit (it will nevertheless be shown on the amendment of the decks). Lot Coverage: • The Lot Coverage is affected by the Coastal Erosion Line. • The existing structures are 19.28% without the elevated patio which was removed to replace with decking material. The proposed elevated decks are small. The primary deck(roofed over) is approximately 14' x 17' and replaces the elevated cement patio (in place). • Correction: The "proposed deck #2" which is an elevated walkway was an existing elevated cement extension of the patio/deck with steps to grade to the west (this is shown as proposed but was an existing structure) • The 16' x 6' deck adjacent to the bedroom is new (proposed) 52.75' & 55.85' from the top of the bluff. �, VV (2)The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: • When the existing concrete raised patio was removed to be replaced, the reconstruction of the existing structures requires a variance. • The existing structure has a CO and was originally constructed in 1966 with raised cement patio/decks at the same setback to the bluff as is proposed. • The Trustees issued a wetland permit for the existing house and proposed rear deck on 8/23/21. The amended wetland permit included reconstruction of the raised patio/decks and maintaining the existing setbacks. • The applicant has been living in the house with temporary access to close out the building permit for the house renovation while the plans were being prepared. The proposed covered deck and elevated walkways are more functional and do not extend closer to the bluff than the original elevated concrete raised patio. • The existing house was constructed with the rear raised concrete patio and the back doors of the house access onto the rear raised patio. (See Exhibit 1- pre-construction survey) • On the northeast side of the house the existing windows were replaced with French doors and access is required. • The rear deck will be extended by 8.751to the east for the access but will maintain the existing setback to the bluff (44.8') with steps down on the side. • The existing setback to the top of the bluff will not be reduced. (3) The amount of relief requested is not substantial because: The setback variance is numerically substantial (43.9') however, the existing house and extended proposed roofed over deck setback is being maintained. The setbacks to the bluff have not changed. The renovation did not expand the house. The poured cement patio/deck would be replaced in place with wood structures. (4)The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: • The property has retaining walls and rock revetment to protect the toe of the bluff. • The house is existing, • The renovations have included drywells, gutters, and leaders to prevent stormwater runoff from entering adjacent parcels and controlling the stormwater runoff from affecting the bluff. • Part of wetland permit improvements included re-grading the rear of the property to direct all surface water runoff to the south and away from the bluff. The owner has invested in the long-term protection of the bluff with retaining walls, rock revetment, a berm, vegetation, and drainage (5) Has the alleged difficulty been self-created? ( )Yes, or ( X )No. The existing house and raised patios were less than 100' to the top of the bluff. Existing structures would be replaced and the setbacks to the bluff maintained. Are there Covenants and Restrictions concerning this land: X Yes Trustees non-turf buffer C&R's will be recorded prior to completion of construction (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Other Appeals for bluff setbacks on Sound Avenue in proximity to the subject property: Only #3794 applicable- deck and addition to an existing house. All the other variances issued were for demolition of existing homes and construction of new homes and new accessory structures. 12/16/88: #3794 51-1-22.2 Georges 18565 Soundview Avenue (Addition & deck 30' to top of bluff) 10/9/97: #4519 51-1-7 Fisher 17975 Soundview Avenue (deck addition 75 to top of bluff& deck on bluff) 8/16/01 #4976 51-1-3 McAllister 17665 Soundview Avenue (New House & new pool) TIP 5/19/09 #6237 51-1-14 Yatrakis 18805 Soundview Avenue (New House at 90' & new pool at 75') 6/19/14 #6750 51-1-15 Barsi C LLC 18915 Soundview Avenue (New House, New garage, and new pool) Most of the older homes on Sound Avenue are preexisting, the bluff areas have been modified, and their setbacks to the bluff are also preexisting. LWRP- Inconsistent on December 29,2022 However, the Trustee's wetland permit for most of the same work was found "consistent" (8/23/21 Trustees resolution) the reconstruction of the concrete patio was included in the wetland permit and received LWRP review. (see attached LWRP recommendation to amended permit Exhibit 3) The work should be deemed "consistent": The proposed work will continue to improve the property and address LWRP Policy 1 and 4. The original poured cement and brick patio was a substantial impervious structure, above grade, and setback from the bluff the same distance as is proposed (44.8'). The patio extended to the west along the existing dining area. The grade of the property deviated by 2 to 3 feet and the patio area on the east side went from 2-3' above grade to "on grade" in front of the bilco door. This raised patio was more than 50 years old, had no stormwater drainage controls, and the existing structure could not be certified for footings or structural integrity. Repair of the existing structures would be more intrusive to the bluff then replacement of the structure with an open deck material. The footings were poured at the time that there was extensive disruption along the rear of the property by the Marine Contractor. The footings are now constructed to code. Completion of the decks will cause limited disturbance to the rear of the property because the footings were replaced while the bluff work was being done. The existing footings will hold up the proposed deck in the same location as the cement patio/deck. If the deck is denied, removing the footings will cause more disturbance to the property than completion of the proposed deck. Moreover, the proposed deck is a lesser structure than the former poured cement and brick. The proposed deck allows for permeability. Including drainage stone below the deck. 1/1716 Structures were removed from the regulated areas. The trustees found what they described as "Mafia Blocks" on the bluff. Likely debris that was thrown on the bluff when the original house was built. These were removed. A deck and hot tub located on the east side of the house was removed and the driveway on the east side running to the hot tub and deck was eliminated. Further reducing impervious structures and making the project consistent with the LWRP policies. As to the Leaching pools/Drainage north of the house and adjacent to the bluff: The existing leaching pools were designed at the Trustee's request and specifically in the Trustees' permit. The seaward side of the property was regraded, a berm was added, and the drywells installed landward for the berm to capture rain-water runoff which was redirected off the bluff. This drainage design appears commonly in Soil & Water reviews and recommendations along Soundview Avenue. See 8/16/01 #4976 51-1-3 McAllister 17665 Soundview Avenue (New House & new pool) In conclusion, the proposed variances should be granted as they are reasonable and the minimal necessary for enjoyment of an existing house on this property. LONG ISLANL,-,SOUND M \ —11, a6dvWm 2,of NA.N raM slot.Ed WWI -11 Lr Copla.of W.ueVq mop 1 e.pma m.1md.w.yd. \ / BEACH \e.-idu e m e:a I.wb le.pn HEIDECKER LAND SURVEYING \ \ \ 58'28`80" E 54.98 1 E M LS t JUN -9 9f1?.1 _ \ y \ SUCH 5;���thoIITown .Po, i of MONUMENT FOUN \� \\\\\ \\\ \ �. \s S -TSMLCT 1000�EG130t)�05�0N� o \ BLOCK O1 O�TAX LOT 0 2.000 \\ L \\ --[I/F SAM 'ORLOFSKL F �\ S ` LIBER�2299—PAGE 818 �so� ZED CON o J 1 �F P,17jo _ fYi Nb W �*►o CAD 12� B' CAS 2 w OA v cam, O V •- ci 00 O \ l hm4�^ V y Re55.20 Cote { =4� t 04A STONE CURB 1A v NOTES ^y I.FIELD WORN WAS CONDUCTED AUGUST,2019 BY Ik10ECNFA LAND ER 41RVEYINC,THE Ad10 ALL MEASIIRECKER WERE URVE O,THE GROUND. / \ / 2.PROPOW LNES.BEAAOCS,•MOM ARM Q ARE BASED UPON OEM FILED WITH THE \ / SUFFOLK COIL TY CIERR INUBER 12999-PACE 3 3111. I S IWN FROM UNOEACE EVD UTILITIES E AN ARE AILABLE IDWIINNC MARIC-OUTS.UNDERGROUND IINEE pl I C LOCATIONS ARE APPPOAMATE NO Au UNDERGROUND 1TT67RE4 ARE NOT SHOWN.PRIOR I rc ��I TO CONSTRUCTION TINE CONOAC=SIULL CML r YNL BEFORE YOU IRV AT 811 AND NAVE ALL N 3 t N 815. of " W r p URM LOCATIONS MAF40 ON THE GROONO.4. iV/1 JT FOUN 15. 0' , h7 `V THE SIOINNOO�OF THE6STRRUUCT STRUCTURE MN E BASED UPON 1 COLUMN 1 p H THE COASTAL WALED EROSION BEET 1 UHF SHOWN �. = HAS BEEN SCNTf FROM SHEET lO OF AI NETAL�OTET FENCE LUMN �• — ` ? y AREFO A COUNtt COASTAL EROSION NA7Aim — J MET `NEr -, P. POINT OF BEGINNING �U T / S THIS IS NOT A TITLE ND E SURVEY A IS SUBJECT TO ANY STATE OF FACTS A FULL AND CURRENT �.6'3'09'O0" PPOI NTE� 8 2.0 \ TIRE REPORT MY RID4M / ce® \ 7.OVATIONS SHOWN REFERENCE THE NORTH \� R"51.79 \SS• \� AMERICAN VORNCAL DATUM OT 198B(NAYOSA). ^ MA SOUNDVIEW > AVENUE \ MAO DA c�OF NE6Vy : G"so if Cp N1.Wd RNVAAm ron z . `�� �L.� � SAM ORLOFSKY 1 XN CERD HEOECNFA N.Y.STATE LAND SURVEYOR L1C./05071E M7E: PROJ.NO. fad �D a2 cNOxTN STREET AUGUST 9.2018 TOPOGRAPffiC/BOUNDARY SURVEY 1BNL587 'ys OS07T9 ,TEA 10N=TON,NEW YORK 12401 � DRAWN BY.B.M. #18575 SOUNDVIEA AVENUE SHEET OF j0• SAND SVQ (845)-901-7029 C14K BY:J.H. TOWN OF SOUTAOLD CAD FllE tNrdceY.NOeeldeakarL.mm sC.I F.V,20' SUFFOI K COUNTY NEW YORK ,M WpR i Glenn Goldsmith,President OME SO Town Town Hall Annex A.Nicholas Krups1d,Vice President 54375 Route 25 P.O.Box 1179 John M.Bredemeyer III Southold,New York 11971 Michael J.Domino G Telephone(631)765-1892 Greg Williams YO Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 23, 2021 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: SAM ORLOFSKY 18575 SOUNDVIEW AVENUE, SOUTHOLD SCTM# 1000-51-1-12 Dear Mrs. Moore: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, August 18, 2021: WHEREAS, Patricia Moore, Esq., on behalf of SAM ORLOFSKY applied to the Southold Town Trustees for an Amendment to Wetland Permit#9638 and Coastal. Erosion Permit#9638C under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated June 9, 2021, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be -found to be Consistent with the-Local Waterfront Revitalization Program pouc-y..-... _ standards, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, 3 2 NOW THEREFORE BE IT, RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit 9638 & 9638C for the restoration & revegetation of 12' x 80' area on bluff due to work on bluff. All disturbed areas to be planted with cape American beach grass plugs at 12" OC with additional 65 cy of clean fill to restore area.Proposed coir logs (@107') with 20 cy of clean fill at the top of the bluff, plant with native vegetation and graded landward of existing bluff to direct all drainage to proposed drywelis. Establish 10' "non- turf vegetated buffer" landward from top of bluff; existing staircase will be cut back to new grade and 4' platform from end of stairs to level ground, as needed. Proposed drywell to capture roof runoff and surface runoff prior to reaching top of bluff and running over bluff; restore hedgerow on east and west property line; construct Egress basement window (30"wide x 48" deep) to existing foundation to comply with building code (building permit#44320); reconstruct existing.raised patio to.original dimensions (14' X 25) and (8' X 8') and resurface with new IPE decking; remove retaining blocks from bluff area; and as depicted on the site plan prepared by Jeffrey Patanjo, last dated August 16, 2021 and stamped approved on August 18, 2021. The PeTmittee is required to provide evidence that a copy of'this Trustee permit has been recorded with the Suffolk'County Clerk's Office as a.notice covenant and deed restriction'to the deed of the subject parcel: Such evidence shall be provided within ninety (90) calendar days of issuance of-this permit. Fees must be paid, if applicable, and permit issued within six,months of the date of this notification. Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) This is not a determination from any other agency. Fees: None Sincerely, _ - - - -A Nicholas•Krupski;Vice- President Board of Trustees ANK/dd i --------- ���---"� .. APPROVED:BY I :: 130ARR-OF 1'RUSTEE.S __�„ ._ I .�.,.�� _... A"�°f _ Towm:OF.:SOUTFiOLD LONG ISLAND - DATE• Il qa tY V IIOat I.. , • __ _ / �� - �_ -� �Fi�� IDOL ffi11}al gad lmN �• rIOD)m me mf m!1L1cm pG t�q{� --- b Mmm1 glml0 olw D�aD sY�iw II�tOm�{ mom a�fO'O gIR MM! ---- .--.-----.---�L---__.-- _ ��wo acm f ova wo Rw�a mw+maa - --_ _ �wmaa a�cm iva a�i1'a g�vr.om rDD�aus a cNa '_ ,^-:_= w.m�wLs m wo®DamaL LOCATION MAP P."r w sm 7 1*w= _=-��� ii1✓' .: E1fLST.QiAUE l��� J" om�w yam m�ow wm �no>m Y�w rasa fmJ emar wa trar msro m oa ti tijQy.; ow wa�W mra ummu� rmm rae.a.nimaa1 G `� I I I I�I I EI I N.T.S. mm.uDa Iv Dm[s b �' 1 ����S�i "'''•�:ti�':�yy'~ novm ma mcs m v v I , — 'aNWme m no mx - •{ / iar� m v m t-y t I 1 1 1 I emi wDO�,a/um a�i"r a vaa mN DiNc mnwaa wu nGR NaOrA maW OY14111m a .. WAND v Dmn DLR.m6T mw=.�0= n v D�Dw� ��.•�•���Xy�O/d7'�-��HI�N�t>�� .0 D�w�v m Is+uam orAola I-y��I t�tl-Iy DOr Famaaml f•ar� ! .'_.'.i ce<• NOFiD��YiD1 J I I-1 I CI rNv®aamr YHNfwm tamp � r R6VOIwLi DQ.luD DDID rwD m Damn m 1TD' ' s®ar.Nmo►I �Nd I arm m u�sia°�uv10O�°W° va°G..wmvp1pi wa ouLawr w '�` �c mama m mnD mmmoe ' I I I� nAnmL nmw wm vu•Dw m ow 1YL DWr ; nv®aaN aW m�nm •-n�75Y mR �I I I ID ip7�YR Y LL O nal W W WD P YDm:1-0 mmw a 101 WLDD D .rm&OfW UZER REV N Eff C4Ns1n1mle aamtro s awo wms VDFI1 IiEV�R voO- \ Nmaim • A Di 10MMU lr N*EgmIPO _ I w7�4R NLL D,ax AUG 18 ' TYPICAL SECTION A—A N.T.S. vr ° Southold Town Foe Board of Trustees E. NOTES. f.� � Pmgosed Pemit Ras t�40' 1. LOT AREA 33,037 S.F. / 0.758 ACRES s PROPERTY OWNER: PREPARED BY: PROPOSED PLAN, LOCATION MAP 1z-i2-1s 2. PORTIONS OF PLAN FROM SURVEY PREPARED BY: /' EA ORLOFSKY JEFFREY PATANJO 2-2-20 ,,cc11 177 9TH AVE. - APT 5K P O. BOX 582 & TYPICAL SECTION 7-10-20 JOHN GERD STREETHEIDEC, ER, L.S. / �v NEW YORK, NY 10011 BOHEMIA, NY 11716 9-1-20 42 CROWN STREET, KINGSTON NY 12401 v' 631-484-9332 18575 SOUNDVIEW AVENUE 2-24-21 SURVEY LATEST DATED AUGUST 9, 2019 C� soUT F. TOWN JJPATANJO®GMAILCOM SU SOUTNOLD i SUFFOLK COUNTY, 4-1a-21 3-11-21 NY 6-7-21 m TAX MAP NO. f000-51-1-12 SHEET. 1 OF 1 E10mNO ERD901I xA7Alm I2E RESCMCE 40 RE1mmIO I LL To mm r HmPM WAX m m "m 30 KME PIAN M OVWL M DMMO ARM / PRo�cE APPRmDI M 7M Cr OF SW Ra E1mO tr m sow m am -NaIf396EM 20 OF S 790E-UNER 6 Wf L AND A". WM 2 AE 5W WA TOEto PRORMED mm W1Oi wm mRmm mm b TO BE RACED IAmW D OF DWM SMW DAWLED to1C= PRWM SWE TO BEAC L SS SIIE RAY FOR EXACT 0APPROUMIeLr kt _ or - RaM FORS OF DEW SIM 9 DWAGED MW mtMM AND ALL LLSCFUAm M DEMM R OU EACH -tD 0 SO 100 150 20D CROSS SECTION THROUGH BLUFF 3/8" trt TO RIM of nM RUAMM WAIL IMMA= PROPOSED DI6ER TOP GIP PROPOSED 3W CLAW PROPOSED 760 CY C"SARD MACIOLL PROPOSED 4.W Cd1 7 BLUFF RE-ROJM UEAE ` 7W R DOTM WALE PAOPOsm DSm'UPPER MALE (f`� rL' (T - PFmPOSED IDIRYL MMRS RDPom MUD;R TOP GIP C D MC&FOR AIL REMME WM=) Vp PROPOSED 1r UM WM SKEEIM - , PROPOSED a n-cu AUG 1 8 2021 PROPOSED e'iA 12'LOWTOP.RDDIE a Banum WALE PROPOSED e'1P Cd LAY-Lm p¢E .RTeev E Rxr.a.2sI, Southold Town i Board of Trustees PAOMSED e'liP cd PD$r - nO YLr 0_OOi -. O._B'LEEIORI.eoum 79 LAY-IOC WITH S 4' OAVAND300 10Y•2r LORD PEES PROPOSED it lONO 7'MtPROPOSW 20'UM VIML 4O1:DDEm Ti7 MV.TE ROD.W D.C. (FACE PROPOSED SHMIMO 79 BE Proposed Permit Plans SCALE: ONAM OF E7CMM TO BE REMOVED) AS NOTED MOVED IN nVADE�n PROPOSED CROSS SECTION DATE: AND TYPICAL SECTION 9-4-19 TYPICAL SECTION 18595 SOUNDVIEH AVENUE SOUTHOLD. TOWN OF SOUTHOLD N.T.S. SUFFOLK COUNTY. NY SHEET. TAX MAP NO. 1000-51-1-12 2 OF 2 � OFFICE LOCATION: rjf SaUr "" MAILING ADDRESS: Town Hall Annex �� �p P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY 11971 �O YQ Telephone:631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry, AICP LWRP Coordinator Date: August 6, 2021 Re: LWRP Coastal Consistency Review of SAM ORLOFSKY SCTM# 1000-51-1-12 SAM ORLOFSKY requests an Amendment to Wetland Permit#9638 and Coastal Erosion Permit #9638C for the restoration and revegetation of a 12'x80' area on bluff due to work on bluff; all disturbed areas to be planted with Cape American beach grass plugs at 12" o.c. with an additional 65 cubic yards of clean fill to restore area; proposed installation of coir logs (@ 107')with 20 cubic yards of clean fill at the top of the bluff; plant with native vegetation and graded landward of existing bluff to direct all drainage to proposed drywells; existing bluff staircase will be cut back to new grade and 4' platform from end of stairs to level ground, as needed; proposed drywell to capture roof runoff and surface runoff prior to reaching top of bluff and running over bluff; restore hedgerow on east and west property lines; construct egress basement window (30" wide x 48"deep)to existing foundation to comply with building code; reconstruct existing raised patio to original dimensions (14'x25') and (8'x8'), and resurface with new IPE decking. Located: 18575 Soundview Avenue, Southold. SCTM# 1000-51-1-12 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, it is my recommendation that the proposed action is CONSISTENT with the LWRP policies and therefore CONSISTENT with the LWRP provided: 1. No rocks or boulders are removed from the beach. 2. The bluff slope will most likely not hold vegetation unless terraced or modified. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Damon Hagan, Assistant Town Attorney ZBA Patricia C. Moore, Esq. Outline for Hearing 1-5-23 RE: ZBA ORLOFSKY #7720 Patricia C. Moore 51020 Main Road Southold, NY 11971 (631) 765-4330 BOARD MEMBERS OF soy Southold Town Hall Leslie Kanes Weisman,Chairperson �� ry0 53095 Main Road•P.O.Box 1179 �� l0 Southold,NY 11971-0959 Patricia Acampora Office Location: «. Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • �OQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento lif'CoUav\� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 5, 2023 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, JANUARY 5, 2023: 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.gov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownnv.gov/calendar.aspx. 10:30 A.M. -SAM ORLOFSKY#7720 - Request for Variances from Article XXII, Section 280- 116A(1); Article XXIII, Section 280-124; and the Building Inspector's August 12, 2022, Amended August 25, 2022 Notice of Disapproval based on an application for a permit to construct deck additions to an existing family dwelling at; 1) located less than the code required 100 feet from the top of the bluff; 2) more than the code permitted maximum lot coverage of 20%; located at: 18575 Soundview Avenue, Southold, NY. SCTM No. 51-1-12. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link:http//24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809,or by email:kimf@southoldtownny.gov. Dated: December 15, 2022 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 63095 0-Min Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 eufF® Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 �s q °{ is Southold, New York 11971-0959 Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: December 5, 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 January 5, 2023 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 December 28, 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 December 28, 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 Hearing) Page 2 MAILING INSTRUCTIONS: Please send by USPS Certified 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 December 19,2022. 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@southoldtownn.gov or elizabeth.sakarellos@town.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/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•//southoldtownny_gov/DocumentCenter/View/8779/FinalRoII202I-Amended IMPORTANT INSTRUCTIONS: Scan and email the'USPS mailing receipts, green signature cards and affidavits to kimf(aD,southoldtownny.0v, and ** PROMPTLY USPS MA_ILA* the ORIGINALS.to the Town of Southold, ZBA, P.O. Bog 1179, Southold,_NY 1197E Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 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. 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Home B—se 5e-ar.h To:r015-thold TownOfSouthold %ame Page—,, TempUxe name T,—Clerk Enlry PropeNeS Ta+m HistJr'an - pati, - Trussees fov.•c4a1-.o�n „ ,pn:ng Boa.d at gppeats IZaa.l Creation date P:g --1 2 :x Fir,• 2 39Env!es last modified Metadaw rlc net✓:�t.l:., 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. 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Date Duration Calcula P -2 TovinOfScuthold-La Scuthcld-Car Laserfiche Web Link Home Browse Search To'w'10-f5outhicia,Zoning Scard of Appeai3 l-5A)= Ijarc!AC-dors>Pending Pending Name -t 9025 NiAIN ROAD LLC,CARDMAUE iz Entry Properties C&L REAL V111thdrawn W Path, JEMCAP SO 1 LLC PECONIC RECYCLING TRUCK THE ENCLAVES Creation date 7#7370-Frend 1000-128-6-6 Last modified 47379-SolutionS East 1000-13-3-1 9.12020 PM ua#7383-Spiller 1000-59-5-3.3 073345E-HNF Resorts,rvlydon Resorts-Campground-1000-40-3-5 Metadata 97385 SF-Fried 1000-50-1-13.1 P,.";rrleradar, #7386 860 Bayview Drive-LLC 1000-37,-5-10.1 #7387 Hard Corner 1000-61-4-1 #7387 Hard Corner-517E PLAN-Arch Plans 1000-61-4-1 #7388-Minton Irrev.Trust 1000-128.-2-20 ;.j 47389 genic 1000-71-1-4 '-- 07406-Nappa 1000-33-1-1.5 Pave I ci I Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0 Laserfiche Instructions ZBA Files Page 3 Laserfiche WebLink ME Home Browse Search 9 Bra, rZEW I Board Actions Board Actions Na— Page ount Template name Entry Properties 1957-1979 -60-1999 Path MOO or 0 200; Creation date 2002 2003 Last modified 2004 7 0-AM 2005 2006 1-2J, 2007 2008 2009 2010 101 2013 2", 2015 ZC.16 2017 Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". I— am"se 5—h r".1 .g ;zF_, 3—i., 20, 2017 14 N' ..a..-:. 1, sz—It- -B Above: See listed File Numbers. Click on file you are searching. Laserfiche Instructions ZBA Files Page 4 Above: In addition searching by file no. You can also use the above search too[ by typing the name or title of the applicant. Laserfiche'NebLink Home Browse Search Z:.f-11111-1 rq Relevance Fj 7016 Fait! 3oo+J Ac�,,;ri; 3 4-1 Page count:83 Template name:Board Actions Rese.c s'�C Cohn and Kristen 0,110 PROPERTY LOCATION:162 L—el ShIngi. .192017 97016,CA11101 SCTNI No.1000-9-1-26-r-u5approai to remo... y 19.2017 X"016 Casnei SCTM No.1000-9-1-26 GRANT,the variances as e 1—COLIN A.KRIST-N CASHEL S--ION 009 20 Thomas AhIglanIC--shei).PO B..3Q Fisn—Is'.nd.Nv... Shovi more informattcn.. 7018 Page count:56 Template name;Board Actions z," 9:30 A-M.-COLN CASHkL AND V.nanCas..d.1 AMce Id.Sect—ANN -1-�-I alce(s)<R STEN CASHFI-7016-RequeSt proocsed—11,located in.,Ie,that.. Show more inkirmatinn Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.4-1. Laserfiche WobLink Home Browse Search 0 1 Zon-.7 30ar' MlnuteVAgendaSlLegal N9dces;/Hear:ngs Minutes/Agendas/Legal Same Page count Template name Notices/Hearings 1957-1979 1980-1999 Entry Properties Path 2010 Creation date 2013 ;. .%... ,. 2014 Last modified 2015 !.-1.2-"!t� .A 2016 Nietadaka 2017 1 Ent, Above: Also, Minutes,Agendas, and Hearing Transcripts can be viewed. Laserfiche Instructions ZBA Files Page 5 Laserfiche WebLink !I k H-1 Ab,,a dome Browse Search ;o—Ofso"tho:0 Zwwl, Or [Z'-Al V;1, 2017 2017 Name Page count Template name ZBA-01/0512017 7 Entry Properties ZSA 0110512017 Agenda 4 Path 28A.01,10512017 wearing 40 ;-J"rrU.1s ZSA-01/05120 1'LN 3 .1 ZBA-01/19/2017 2 Z3A-01/1912017Apenda Creation date -2il b 2�t,),1 11 1:"A ZBA-021022/2017 7 Last nnociffled ZBA-cl Agenda 4 :Is 9i,0 1 53:513 F11 ZBA-02J0'/2017 Hea—g 45 9 Metaoata ZBA-02/0-2017 LN 3 ZOA-02,'1 6/2017 Agenda 3 ZBA.02!1 612017 Special 3 :edune&R—In ZSA-03102/2017 7 m;health,p,p-Pmear'Use:2 7BA 03i02,12017 Agenda 4 Z5A-03i02/201 7 Hearne 65 ZBA-03102/2017 IN 3 Z3A,03/1 6/2017 Agenda 3 NA-03116/2017 Slo—al 3 ZBA-0,i0E/2017 5 ZBA-0�06/2-017 Agenda 4 BA.04!06/2017 Peanng .s5 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 14UTI (Mot: Ulm' H A -, ---L (j The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will ALSO be available VIA ZOOM WEBINAR - Follow link - httpo.//Southoldtownny.gov/calendar.aspx NAM E ORLOFSKY, SAM # 7720 ZCTM # : 1 000-51 - 1 - 1 2 1 'ARIANCE: L FF SETBACK LOT COVE RAGE E ,EQUEST: DECK ADDITIONS TO EXISTING SINGLE FAMILY DWELLING ATE THURS. , JAN . 5, 2023 1 0:30 AM You may review the file(s) on the town's website under Town Records/Weblink: ZBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 BOARD MEMBERS ®f SO Southold Town Hall Leslie Kanes Weisman,Chairpersons ��® 53095 Main Road• P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. ® yo 54375 Main Road(at Youngs Avenue) Nicholas Planamento C®UWTI) Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax (631)765-9064 August 25, 2022 Suffolk County Soil and Water Conservation District Attn: Corey Humphrey 423 Griffing Ave., Suite 110 Riverhead, New York 1.1901 Re: ZBA# 7720 — Orlofsky, Sam Dear Sir or Madam: We have received an application to construct a deck addition to an existing single family dwelling, shown on the enclosed survey. The hearing on this application is expected to be held in approximately four weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May 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 I By: Encls. Survey/Site Plan: Diesel Architecture PLLC, last dated August 1, 2022 BOARD MEMBERS Qf SD�r 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. ® �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��60uN% Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631)765-9064 �o August 24, 2022 REC.E- VED SEP 7 2022 Mark Terry, Assistant Town Planning Director LWRP Coordinator Southold Town Planning Board Office Planning Board Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #7720—Orlofsky, Sam Dear Mark: We have received an application to construct a deck addition to an existing single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: Encl. Site Plan/Survey: Diesel Architecture PLLC, last dated August 1, 2022 BOARD MEMBERS OF SOUr Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora t Office Location: Eric Dantes G Q Town Annex/First Floor, Robert Lehnert,Jr. ,�`�� • �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD August 24, 2022 Tel.(631)765-1809•Fax(631)765-9064 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #: 7720 Owner/Applicant: Orlofsky, Sam Action Requested: Construct a deck addition to an existing single family dwelling Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA C airperson By: �-- Encls. Site Plan/Survey: Diesel Architecture PLLC, last dated August 1, 2022 Una horized < L�./ " JG ISLAND S O U N ID se tion 72 9, is a alteration ion of dition section 7209, subdivision 2, of \ the\ New York State Education Law. Copies of this survey map / BEACH not bearing the land surveyor's \inked or embossed seal shall not HEIDECKER LAND SURVEYING \ + ++ E \ be considered to be a valid copy. � IN58°28 DO � °es � — 498' \ �R�FO LCIO 0 . I OF BEACH -� \ \ IX Uar ;�` 9p • 86 ` X \\ \ \ \\ \\ 9 MONUMENT FOUND PJ /C'0 Is,PA C h/yc P00C 'DISTRICT 1000 SECTION 051 .00 a BLOCK 01.00-TAX LOT-012.000 o N/F SAM ORLOFSKI L1BER-12999-PAGE 818 \ ` 01\.` O 0W/NDFSS _ - c�OOT/ o<v \eCK Q 0 \p P004 I O nD i s SAS / Q) �' ; t. 3�CO - O 9 / 5 . 00 v LJ l2 R00F p \ p°RCN Z m = (Typ/c C 4�q� / O = D P°0< FpOjo W° sT°Op - CIV 2�9 1 ��J�<v MH c) �(0 'V PO / cFNFRq TOR U �. O / \ F4gc r°T NOTES 1. FIELD WORK WAS CONDUCTED BY HEIDECKER LAND SURVEYING, PLLC AND ALL MEASUREMENTS WERE TAKEN ON THE GROUND. — m j ��� 2. PROPERTY LINES, BEARINGS, & NORTH ARROW ARE BASED UPON DEED FILED WITH THE \ i Tle SUFFOLK COUNTY CLERK IN LIBER 12999—PAGE 818. I O3. INDICATED UNDERGROUND UTILITIES ARE cRgIzz P / I w ���V EXISTINGFMARKSOUTS.EU DIERGROUND LINEDENCE AND AVAILABLE P7 qRk/Nc X� / 1e`I ATE AND ALL UNDERGROUND UTILITIESAPPROX ARE RE NOT SHOWN. PRIOR MONUMENT I m LOCATIONS ARE N 87°22'30++ Vy o� TO CONSTRUCTION THE CONTRACTOR SHALL CALL A/ nn FOUND r Q� "CALL BEFORE YOU DIG" AT 811 AND HAVE ALL _ ( 15. 0+ / /P 1/O UTILITY LOCATIONS MARKED ON THE GROUND. I � Z 6 Cb 4. THE BUILDING TIES SHOWN ARE BASED UPON THE SIDING OF THE STRUCTURE. _ L m �� 5. THE COASTAL EROSION HAZARD LINE SHOWN 2 HAS BEEN SCALED FROM SHEET 10 OF THE METAL PICKET FENCE SUFFOLK COUNTY COASTAL EROSION HAZARD 1 GRAVEL DRIVE E METER POINT OF BEGINNI AREA MAP. WAYI �\ NG 6. THIS IS NOT A TITLE SURVEY AND IS SUBJECT \`. S 63°09+00++/ W 82,06' \\ TO ANY STATE OF FACTS A FULL AND CURRENT TITLE REPORT MAY REVEAL. P-51'79 — — — 6 7. ELEVATIONS SHOWN REFERENCE THE NORTH U`,/P'SEP AMERICAN VERTICAL DATUM OF 1988 (NAVD88). S. ADDITIONAL FIELD SURVEY WAS CONDUCTED _='3hOUNDVIEW- AVENUE ON APRIL 5, 2022. Off' NEIV tit y0'Sa SURVEY PREPARED FOR: HN GERD HEIDECKER N.Y. STATE LAND SURVEYOR LIC. # 050719 DATE: AS -BUILT � C T TT T PROJ. N0. �0 751 COATES AVENUE 45 PINE GROVE AVENUE APRIL 6, 2022 A�J — v 1�1 SURVEY 19HLS87 OS 0 7 A C3 ��✓ SUITE 22 SUITE 215 DRAWN BY: B.M. 1$57rJ SOUNDVIEW AVENUE SHEET I ���® SJ�— (0'B)R00�,—NEW YORK 11741 KINGSTON, NEW YORK 12401 CHK BY: J.H. � 1 OF 1 (845)-901-7629 TOWN OF SOUTHOLD CAD FILE: jheidecker®heideckerls.com jheidecker@heideckerls.com SCALE: 1"= 20' SUFFOLK COUNTY NEW YORK 19HLS87FP.DWG - RECEIVED SEP 0 6 2022 � A Zoning Board of Appeals A-2 f 1" ARCHITECTURE, PLLC 4a�2 PH: 651.816.5518 LINE OF ORIGINAL RAISED PATIO 4 FAX: 651.415.:MO STEPS. LINE OF ORIGINAL RA15 D PATI D1E5ELARGHITEGT®GMAIL.GOM WWW.D155ELARGHITE0TURE.VPWE5.GOM PROP05�;,D DN 4R NEW 5/4 x E IPE DEGKING. RAILING 4 5TEP5 TO �--- — PROP05ED DECK #2 0 GRADE PEr-: CODE. REFER o �cv I LINE pfi IIDI WAVERLY AVE., HOLTSVILLE, NY II'142 PROPOSED TO STAIRS NOTE, TH{S O�G?N AL SHEET, TYP. ROOFED-OVER PATIp3N----�\ 21-0 5GREENED-I N DEGK #1 1� I I GRADE �1` PROJECT TITLE: �I I I ORLO�5KY RESIDENCE: NEW 5/4"x 6" IPE DECKING WITHI"° I I `— "' LTO RA GABLE RAILING. STEPS �Ig I I ,� ®�®� � �- TO GRADE PER CODE. �xid I I LON-GRADE PATIO7 �p REAR ���� ON-GRADE PATIO r oi°- I I IL ol° I 1 = o— �µ�i_j LU EX15TINO DINING RM - �I� o 0 (GATHEDRALED GL6) Q PROJECT LOCATION: i In 0 i n IEA ll 5OUNt 7 ! ?IP A x E., 15-6 NEW SINK 14-12 v 8,_q„ '1-II i n ° 5OUTHOLD, NY 11�71 EXPANDED �7\, °� SEAL AND 51 C NATURE BEDROOM #2 (8 0 GLG. HT) piED qq GGUSTF/y�T PROPOSED R/O PECK #1 AREA= 555 S.F. �, 03043b ypQ� P �RTI AL EXISTINO FIRST FLOOR PLAN N17H PROPOSED DEG�G5 PROPOSED DECK #2 AREA= 136 S.F. OFNE`� PROPOSED DEGK #3 AREA= ICI S.F. DESIGNER: ;LCY .DE�I.�N OROUP 51 LAr-AYETTE ST., 2ND. �L _ NEN YORK, NY 10015 LOU 15 YOH L J , M 1'7} a43m5552 I ® NOTE: BY INGLU51ON OF TH15 NOTE, THE OWNER HA5 BEEN ADVISED THAT PRIOR TO ANY GON5TRUGTION AND/OR DEMOLITION WORK, IT SHALL BE THE OWNER'S NEW STANDING SEAM— — — — — — — METAL ROOFING TO RE5PON51BILITY TO OBTAIN A BUILDING PERMIT FROM i o i MATCH EXISTING THE 60VERNING BUILDING DEPARTMENT. THE I _ ARGHITEGT DOES NOT REGOMMEND AND DOES NOT ® n' GUARANTEE THAT SOLELY BY THE PREPARATION OF THESE PLANS SHALL GON5TRUGTION OGGUR. PROPER REVIEW AND APPROVAL BY A QUALIFIED BUILDING I NN12X8 RR a 16"O.G. I NEW 2X8 R.R. {b'O.G. EXISTING ROOF TO BE DEPARTMENT OFFICIAL 15 REQUIRED PRIOR TO ------ ----------- --------- REMOVED. GON5TRUGTION. _ - ---- -- - ----------- Issues and Revisions _\ x ® I 12 _{ \ J2 — / No. Date Issues and Revisions w �"XIST.2Xb R.R.0 16'O.G. EXIST.2Xb RR a 16"O.G. - 4 i � 4 // I /Ici/201q PERMIT SET \ / 01 10/15/Ici REVISED PER BUILDING DEPT. I 12 12 \ \ / // q/91/21 DEGK5 4 FINISHED BASEMENT REVISED PER BLDG. DEPT. 4 IN 3.? 3.1 _ — — _ _ — — _ \___/__ — — — COMPLIANCE WITH 2O20 RES. CODE OF NY5 6 10/26/21 PECK REVISED PER BLDG. DEPT. / A 1/25/22 DECK REVISED PER BLDG. DEPT. I v / O \ / 4/15/22 DECK ONLY PLANS FOR BZA `Y I 8/1/22 DECK ONLY PLANS FOR BZA � 1 PROJECT #: SCTm #: EXIST.2X&R106E I -- ZONE: I EXIST.2X6 R.R.® lb"OL. ` EXIST.2X6 R.R® 16'O.G. I i FLOOD ZONE: X 12 12 I Drawn By: D1_5 4 Q 4 Date- 8/241/201q A ==== fi �RTI AL EX I STI NO ROOF FLAN NI Tit FROF05ED ROOF OVER DEG# Pro]. "°dh OF 5 E?O NOT 5CALE PRINT5 RECCIVE--n --� SEP 0 6 2022 ARCHITECTURE, PLLG zoning Board of Appeals PH: 651.516.551D FAX. 651.475.2g50 E: DIESELARCHITECT06MAIL.00M RIDGE NOTE: ".DIESELARGHITEGTURE.VPWEB.GOM ALL GONNEGTIONS TO CONFORM TO 2020 RESIDENTIAL CODE OF NEW 1101 WAVERLY AYE., HOLTSYILLE, NY 11142 YORK STATE. T T.O. EXISTING PLAN PROJECT TITLE: ®RL®1�5�CY R �IDNG�: j NEW 5/4"x 6" WE DEGKINe PROPOSED REAR PECK5 " O�P�� ' NEW 2x8 P.T. DECK JOISTS ® 16 D.G. WITH BRIDGING AT MIDSPAN. 8 3 „ 69.6B (PER 2020 RESIDENTIAL CODE OF ,Oo � 38 �3,� F S 86•Z�'00 Ems— � _ ! NEW YORK STATE, R50-1.6). PROJECT LOCATION: UJ EXISTING FIRST FLOOR I \ , 'wI AVE. T.O. GEILINC� I5515 SOUND Y I W A Y .� ,�� �Dc� 08SERVED WATER M � hc�> HfGH / ARK SOUTH L N I 1 1�11 c(1 r tf1 GRADE NEW 4x4 PRESSURE TREATED SEAL AND 51 C NATURE: POSTS ON P.G. FOOTIN65 TO EXTEND 3'-3" BELOW GRADE, 4 GALV. METAL CLIP GONNEGTORS L AS PER DETAIL, SHEET A-2, TYP. RED ARC C, (BOTTOM OF FTG'S TO REST ON UNDISTURBED 501L AND/OR 100% GOMPAGTED FILL WITH MIN. 2,000 PROPOSED 10 FT. DEEP NON-TURF EXISTING CELLAR SLAE3 VE6ITATED BUFFER PER TRUSTEES P5F 501E BEARING CAPACITY, TYP. � BOTTOM OF FOOTING TO REST 3FT N PERMIT DATED S/18/2021. ABOVE HIGHEST WATER TABLE OR CONSULT WITH ENGINEER, TYP. '�, y k x x, . ' { /� EXISTING DWELLING 17'-4" PROPOSED ROOFED OVER DECK 03 y Q' 0A3$ O FLU 'FOF NEB —, - PROPOSED WOOD DEGK d 5TEP5 SECTION "A" TO GRADE (13'-4" x 46'-3 1/2" DESIGNER: PROPOSED 10 FT. DEEP �u. o m IRREGULAR). 5GALE= 1/4"=I'-O" NON-TURF VEGITATED BUFF � ' v PER TRUSTEES PERMIT DATE COAST TAL EROSION EXISTING ELEVATED GONGRETE PATIO TO r,�'�.1, u', ,`.;r HAZARD E1N�-�.� t` 8/18/2021. i� � �� -�"'�' � V, = tv BE REMOVED AND REPLACED WITH WOOD 151 LAFAY TT 5T., -2ND. FL., o FRAME DECK. TONDERETE PATIO R MOVED. ON GRADE IV Y'`4 I ®Ri�a/ NY I®®( MONUMENT FOUND tp O o Poop LOU15 %(OH Qpp jW GO NOTE: BY INGLU51ON OF TH15 NOTE, THE OWNER HA-5 BEEN ADVISED THAT PRIOR TO ANY GON5TRUGTION PROPOSED WOOD DEGK p' 2 I� .Za o q AND/OR DEMOLITION WORK, IT SHALL BE THE OWNER'S WITH STEPS TO GRADE �cL 2` s �� G p,5 \,Ae �� $v RESPONSIBILITY TO OBTAIN A BUILDING PERMIT FROM (21'-O" x q'-I") 2i �\ ,., i" , THE GOVERNING BUILDING DEPARTMENT. THE GNP Z o `= ARGHITEGT DOE5 NOT RECOMMEND AND DOES NOT 2 W�NpO ��poR, vAV �� w O o �� GUARANTEE THAT SOLELY BY THE PREPARATION OF ��ppR o THESE PLANS SHALL CONSTRUCTION OGGUR. PROPER REVIEW AND APPROVAL BY A OUALIFIED BUILDING 0 DEPARTMENT OFFIGIAL 15 REQUIRED PRIOR TO W GON5TRUGTION. o p AG p p pRGN u" J O moo O Issues and Revisions ] AGPROP05ED IN-GROUND POOL UNDER vC(- Q PERMIT# 4453q. No. Date Issues and Revisions 0. /19/2019 PERMIT SET pOp� s QI 10/15/Iq REVISED PER BUILDING DEPT. 0. %_ � ��� ir_-Go llN N(1)8 q/8/21 REVISED PER BLDG. DEPT. 4TIN pOp Q d W COMPLIANCE WITH 2O20 RES. CODE OF NY5 0� p �Q O ti� O Q 10/26/21 DEGK REVISED PER BLD6. DEPT. �d 1/28/22 DEGK REVISED PER BLD6. DEPT. �Fy>�GS�p D, � 0151RIGT 1000-5EGTION 051.00 W �O 4/18/22 DEGK ONLY PLANS FOR BZA BLOCK 01.00-TAX LOT 012.000 N LOT GOV ERAGE SUMMARY' N/F 5AM ORLOF5KI } O S` 8/I/22 DECK ONLY PLANS FOR BZA LIBER 12ggq-PAGE &18 0 o TOTAL LOT AREA = 33,038 S.F. A\ z BUILDABLE LOT AREA TO GOASTAL EROSION LINE = 20,545 S.F. Cz u7 PROJECT A ��'� • �� POINT OF BEGINNING AREAS: Sr-TM EXI5TIN6 STRUCTURES: t?1�-'cj EXISTING DWELLINGS FOOTPRINT = 2,6-70 S.F. ZONE: -- �`y EXISTING ROOFED-OVER FRONT PORGH - ± 425 S.F. EXISTING IN-GROUND SWIMMING POOL = ± 7G6 S.F. FLOOD ZONE: 'X' SITE INFORtIATION DERIVED FROM ��` �K�N� ��\ EXISTING LANDING a STEPS ON EAST SIDE _ ± 35 S.F. SURVEY PREPARED BY: L pP SUBTOTAL= ± 3,`124 S.F. HEIDEGKER LAND 5URVEYIN6, C�RP``/e Drawn By: OL5 `151 COATES AVE., SUITE 22, 7j ` PROP05E� STRUCTURES: HOLBROOK, NY II-141. � �� �� DEGK # I (ROOFED-OVER) WITH 57EPS TO GRADE = 555 S.F. DATED: 4/6�/2022 0 \\ � `� � Date: 8/2g/201a DEGK # 2 WITH STEPS TO GRADE = 136 S.F. �000 DEGK # 3 WITH STEPS TO GRADE = ICf I S.F. SUBTOTAL= 71 O S.F. J !�. MONUMENT FOUND �w0 J TOTAL AREAS = 3,c124 S.F. + 710 5.F. = 4,634 S.F. F,I„_O T PLAN "✓ VIP- LOT COVERA6E CALCULATION A5 A PERCENTE6E OF THE BUILDABLE LOT AREA TO Proj. North ®F 3 THE COASTAL ER05ION LINE: C�SGALE: I"= 20'-0" LOT AREA = 33,038 S.F. 4,634 S.F. / 20,345 S.F. = 2215% DO NOT SCALE PRINTS o--f -�p a_�i s1 � I I4I �I I ljI II I!! I!I( II�j!I�i�I I��Ii It�1I� i I:I,.I II! -I _uIIIIII I j_I( III ,�I I_I _I I�_li► !I I II ►I I--II -_- �II iI ®WAW� WR L.DC®IESH�E LI�dTAqI R �EGG/ITT ERUGRTU R�E .1I(�F PWL� EL B�I�.1G IC,E AND SNOW MEMBRANE AT ALL RODE STARTER COURSES, HIPS a NEW STANDING SEAM PH: b51.8165518 VALLEYS, TYP. METAL ROOFING TO MATCH EXISTING rAX: 631.415.2150 T.O. EXIST. RIDGE MTL. GLAD FASCIA W/ E: DIESELARCHITEGT66MALGOIG �M VENTED SOFFITS W 4° OUTTER5 d LEADERS, =�t TYP :_,__ I T.O. EXISTING PLATE000 IIOIWAVERLYAVE. HOLTSVILIE, NYO �MII'4: 2 L-LiLLi PROJECT TITLE: r r PROP05 P REAR P 0K59� RIG LLLj_LLL PEN -OVER IPE DECK, � PRESSURE TREATEDROOFED EXISTING FIRST FLOOR T.D. CEILING POSTS 4 36" HIGH GABLE RAILING, TYP. PROJ CATION:OUTHOL�, N, IIil�I ------------ ---- - ----- ------- T iI'T• JI:l(_. IllI f!iIIiI iil rlI1 LIIl !Ij iIil !l ri�_.- jII t+Ii: I+iI1_liI;I1 EXlI I9 Ti(ii!I�N1!lI GAII1l .- 2/liI2 -/✓�2/"I 1P I eRiI 3d 'L0-/5IiI 2�DI�B;IGKIi I 14 STE/PS TD GRADE � • I5C�15�41)LG �N4E�NRD3 : �R\5y5� \.�1 F�G G4� Nt2A A ET I �Uic1s ymRh `p / �E2 21-I PROPOSED ROOFED OVER DECK 21'-0" PROP05ED DEK 4 5TEP5 TO GRADE EX STING GELLAR SLAB � FtED o 1 S Lj 0304315 OF N NR ELEVATION 0"__!41P11= 20'-0'I DEBIGN GROU�P 61 LAFA' TT 5T.,\� 2 NO. fL ., NEW PORK, N%r 10015 LOU15 %'CH NOTE: BY INGLU51ON OF THI5 NOTE, THE OWNER HAS BEEN ADVI5EP THAT PRIOR TO ANY GON5TRUGTION ICE AND SNOW MEMBRANE AT ALL AND/OR DEMOLITION WORK, IT SHALL BE THE OWNER S GUARANTEE THAT 50LELY BY THE PREPARATION OFROOF STARTER COURSES, HIPS RE5PON51BILITY TO OBTAIN A BUILDING PERMIT FROM VALLEYS, TYP. THE GOVERNING BUILDING DEPARTMENT. THE ARGHITEGT DOES NOT RECOMMEND AND DOES NOT T.O. EXISTING PIDGE - THESEA ION OGGUR PROPER REVIEW AND APPROVAL BYA QUALIFIED BILDING NEW STANDING SEAM DEPARTMENT OFFIGIAL IS REWIRED PRO TO CONSTRUCTION._ METAL ROOFING TO MATCH EXISTING Issues and Revisions T.O. EXISTING PLATE No. Date Issues and RevisionsMTL. GLAD FASGIA W/ VENTED SOFFITS W/4" GUTTERS 4 IQ/201q PERMITSETLEADERS, TYP. 10/13/la REVISED PER BUILDIN7 DEPT. - -_-_— SCREENED PA NE LS DECKS EC — SKq I S/2 4®0 FINISHED B ASEMEN TSCREEN DOOR TYP. G/8/2IREVISED PER BLDG. DEPT. s IN COMPLIANCE WITH 2O20 RES. G LL l t O DS__ OF NY5�_ ROOFED-OVER IPE DECK, IO/26/2 DECK REVISED PER BLDG. DEPT.PRESSURETREA TED POSTS 6 36 HIGH GABLE DEGK REVISED PER BLDG DEPT r I/28/22 RAILING, TYP. __tEXI5TING FIRST FLOOR T.O. GEILING 4/18/22 DECK ONLY PLANS FOR 3ZA WI/22 DEGK ONLY PLANS FOR BZA PROJECT #: EXISTG-38'-11 " SCTM #: 1000-51-1-12 PROP05ED ROOFED 7VER DECK 13'-4" ZONE: EXISTING CELLAR SLAB FLOOD ZONE: iXt Drawn By: Date: ' ! CHT SIDE ELEVATION SAE 20'-O" Proj. North DO NOT 5GALE PRINT56r OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��®� S®(/��® P.O. Box 1179 54375 State Road Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1809 ® a0 http://southoldtownny.gov C®UNT(,� ZONING BOARD OF APPEALS Town of Southold January 23, 2023 Patricia Moore Attorney at Law 51020 Main Road Southold,NY 11971 Re: ZBA Application#7720, Orlofsky 18575 Soundview Avenue, Southold SCTM No. 1000-51-1-12 Dear Mrs. Moore; Transmitted for your records is a copy of the Board's January 19, 2023 Findings,Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Please submit two sets of the final site plan and architectural drawings,with code conforming lot coverage of no greater than 20%, and top of bluff setback at no less than 43.9 feet. 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 Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. If you have any questions,please call the office. Sincere y, 1--r—- - Kim E. Fuentes Board Assistant Encls. cc: Building Department Revisions 04-22-98 09-15-98 03-23-99 05-11-99 04-10-01 N 318 Tcow 07-02_01 005-16-02 3-19-02 68-25-04 „-,G-04 or 03-28-05 1 06-2-05 7-2er05 09-,5-05 01-27-06 03- -06 11-01-06 12-01-06 O 1-07 SEE SEC.NO.130 09-09-14 1-3 08-02-16 08-21-17 - „ • q� V LONG ,m rff-.l 15 16 1-0A(c) 21 1 C a OY3 AZ 13 14 22. 22 2 1 m 2. ,,11 AVE, 5.1 6 w SC9.D.5 S 3.18 °� f-'•=-r i �c11' 210 m 3.15 • 1 � 3.16 zx - r` 3 tcl 9 as a, 3.14 BURGANDY 3.2 m - 3 3.13 a 3.12 3.3 -m 52A m 2.1a $ 3.11 am 3 PECONIC LAND TRUST,INC. 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