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HomeMy WebLinkAbout48999-Z TOWN OF SOUTHOLD BUILDING DEPARTMENT E TOWN CLERK'S OFFICE ` SOUTHOLD, NY " " BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 48999 Date: 3/8/2023 Permission is hereby granted to: Murphy, Rachel 11220 Soundview Ave Southold, NY 11971 To: Install a 20 kw standby accessory generator to an existing single family dwelling as applied for per DEC non jurisdiction and Trustees approvals. At premises located at: 21695 Soundview Ave., Southold a ww SCTM # 473889 Sec/Block/Lot# 135.-1-7 Pursuant to application dated / and approved by the Building Inspector. 8/172022 _w To expire on 9/6/2024. Fees: ACCESSORY $100.00 CERTIFICATE OF OCCUPANCY $50.00 ELECTRIC $85.00 Total: $235.00 Building Inspector ra TOWN OF SOUTHOLD-BUILDING DEPARTMENT Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959 Telephone 631 765-1802 Fax 631 765-9502 k��u // ww. tquthpIdto wnn c v P � ) � ) P��": Date Received BUILDINGAPPLICATION FOR For Office Use Only w"- - � t Iff PERMIT NO. I Building Inpector._ „, Applications and forms must be filled out in their entirety. Incomplete applications will not be accepted. Where the Applicant is not the owner,an „ Owner's Authorization form(Page 2)shall be completed. W)V Date: OWNER(S)OF PROPERTY: Name: �, ( r SCTM # 1000- 13.r -- p 1 0 Project Address: Phone#: 3,/ ' - :? 9 3 a Email: j/s Mailing Address: //2 zo CONTACT PERSON: Name: Fe.,- k Mailing Address: orf .� S �,�s !� �� /17 VO Phone#: �3i- 61Sf1 2-7 Z Email: � y y1r' 7wr��,.,� ,ne0 DESIGN PROFESSIONAL INFORMATION: Name. f / rqC. Mailing Address: ,° "7 - , ., // 770 Phone#: �3%- Z g L S-S'.�"' Email: CONTRACTOR INFORMATION: Name: Mailing Address: .. ilii y 1j-7j,0 Phone#: e 3 J- X62 - �'Z 77, Email: . DESCRIPTION OF PROPOSED CONSTRUCTION ONew Structure 0 ddition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project: Ather 5144-- be " -,be re-graded? ❑Yes rZ, Will excess fill be removed from premises? ❑Yes o 1 PROPERTY INFORMATION Existing use of property: ,', 5/,(- . 4� ,fya,� Intended use of property: Zone or use district in which premises is situated: Are there any covenants a d restrictions with respect to /OOO this property? ❑Yes IF YES, PROVIDE A COPY. Check Box After Reading-. The owner/contractor/design professional is responsible for all drainage and storm water issues as provided by Chapter 236 of the Town Code. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk,County,New York and other applicable Laws,Ordinances or Regulations,for the construction of buildings, additions,alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code, housing code and regulations and to admit authorized inspectors on premises and in building(s)for necessary inspections.False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal Law. Application Submitted By(print name): �� ° Authorized Agent ❑Owner Signature of Applicant: 7, Date: S'1/7/1 Z STATE OF NEW YORK) 1 SS: COUNTY OF1f 11� rr4,n k o being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)he is the (Contractor,Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his/her knowledge and belief; and that the work will be performed in the manner set forth in the application file therewith. Sworn before me this 044 day of � � , 20 a Notary Public DREW D. CASS NOTARY lel„B1,CC,STATE OF NEW YORK 1"Rcgistra6on No.01CA6298761 PROPER,,,I,,. OWNEIR AUTI 1 IZ TI N Qualified in Suffolk County Commission Expires 17 March 2026 (Where the applicant is not the owner) I, �ca C-A d- n 1,4, �i w residing at 1% � 2 o 's SU do hereby authorize k r► to apply on my be If o h T 'w f Southold Building Department for approval as described herein. Owner's Signature Date �, Ku- Prin1t Owner's Name 2 LFL G DEPARTMENT- Electrical Inspector TOWN OF SOUTHOLD Town Annex - 54375 Main Road - PO Box 1179 `Bv",-DQ,1C 0E"�T Southold, New York 11971-0959 Telephone (631) 765-1802 - FAX (631) 765-9502 rogerr(cDsoutholdtownny.gov - seand6d)southold!qA9EyApv APPLICATION FOR ELECTRICAL INSPECTION ELECTRICIAN INFORMATION (All information Required) Date: Company Name Nof- n Electrician's Name: k License No.: J3 _Elea email: Elec. Phone No: �3 410 V V El I request an email copy of Certificate of Compliance Elec. Address.: 11733 JOB SITE INFORMATION (All Information Required) Name: 044%r P 4 5/ Address: :z 9-r ave Cross Street: C IcArl< rci Phone No.: CS- — 71-131 Bldg.Permit#: 159qj email: ,—Tax Map District: 1000 Section: ) 3-5- Block: 01 Lot: 0 '7 BRIEF DESCRIPTION OF WORK, INCLUDE SQUARE F( OTAYE (Please Print Clearly):. L; 9 Square Footage: Circle All That Apply: Is job ready for inspection?: D YES �NO R Rough In El Final Do you need a Temp Certificate?- El YES [A NO issued On Temp Information: (All information required) Service SizeF]1 PhFJ3 Ph Size: A # Meters Old Meter# FlNew Service[]Fire ReconnectoFlood Reconnect Oservice Reconnect Elu nderg round Doverhead # Underground Laterals[]1 02 H Frame, Pole Work done on Service? Y DN Additional Information: PAYMENT DUE WITH APPLICATION NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Environmental Permits,Region 1 SUNY @ Stony Brook,50 Circle Road,Stony Brook,NY 11790 P:(631)444-0365 1 F:(631)444-0360 www.dec.ny.gov LETTER OFNO-JURISDICTION May 30, 2019 Michael and Rachel Murphy Re: Application ID 1-4738-03938100002 11220 Soundview Avenue 21695 Soundview Avenue Southold, NY 11971 Southold SCTM # 1000-135-1-7 ARNO-DEP Dear Applicant', Based on the information your agent submitted, the New York State Department of Environmental Conservation (DEC) has made the following determination. The portion of the referenced property landward of the existing bulkhead and concrete seawall totaling more than 100 feet in length and originally constructed prior to 8/20/77, as evidenced on Aerial Image Resources aerial photograph dated 4/6/1976 (EXP#72-2020) and shown on the survey prepared by Metes and Bounds Surveying last dated April 12, 2018, is beyond the jurisdiction of Article 25 Tidal Wetlands. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6 NYCRR Part 661), no permit is required for work occurring at the property landward of the jurisdictional boundary indicated above. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the jurisdictional boundary without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within the DEC's jurisdiction which may result from your project. Such precautions may include maintaining an adequate work area (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this letter does not relieve you of th sponsibility of obtaining any necessary permits or approvals from other age ies. ery tr your, , J hn ° iela_ r it Adim CC: Michael Macrina Architect, P.C, Marine Habitat Protection File ,r NEW CORK Department of o",W4,r, Environmental -"-kl Conservation ,elt Bill r _ :,.,.,..... w _ . z BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 9738 DATE: OCTOBER 28,202 ISSUED TO: RACHEL MURPHY PROPERTY ADDRESS: 21695 SOUNDVIEW AVENUE, SOUTHOLD SCTM# 1000-135-1-7 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on Qc1g1 er 2 , QZQ, and in consideration of application fee in the sum'of$250.00 paid by Rachel Murphy and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to demolish existing dwelling and porches,detached garage,shed,cesspool,Walks, driveway and air conditioning units; construct a proposed two-story framed 4,178sq.ft. (59'x40' irregular)dwelling with 1,100sq.ft. attached wrap around porch with steps to grade; a proposed 416sq.ft. (16'x261)attached garage; proposed 314sq.ft. (13'x23.31)roof deck over side porch; proposed 140sq.ft. (13'x9.5') roof deck over garage; proposed 85sq.ft.(17'x5')basement stair; proposed 35sq.ft.(7'x5') egress window well; proposed 185sq.ft.(21.4'x8.7')uncovered impervious patio-rear side; proposed 935sq.ft.(40.11x45.5' irregular) uncovered impervious patio-left side; proposed steps to grade from porch;proposed 480sq.ft. (16'x301)in-ground swimming pool; proposed 41x10' pool equipment area (pump,filter&heater); proposed two(2)31x3' air conditioning units; proposed 3x5 standby generator; proposed UA septic system; proposed 2,750sq.ft. gravel driveway; two(2)proposed drywells for house, patios& pool; a proposed 4' high compliant pool enclosure fencing; and to install and perpetually maintain a 10'wide non-turf buffer along the landward edge of the top of the bank; and as depicted on the survey prepared by Metes and Bounds Surveying,last dated October 16,2020,and stamped approved on October 28,2020. IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of the 28th day of October,2020. %16 F01 _w ....._.., � li Glenn Goldomith,President P)oz rif so � Town Hall Annex Michael J. Domino ' 54375 Route 25 79 John M.Bredemeyer III '� Southold, New York 11971 A. Nicholas Krupski Telephone (631) 765-1892 Greg Williams Fax(631) 765-6641 17t/NVI BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 29, 2020 Michael Macrina Architect P.C. 21 Main Street Stony Brook, NY 11790 RE: RACHEL MURPHY 21695 SOUNDVIEW AVENUE, SOUTHOLD SCTM# 1000-135-1-7 Dear Mr. Macrina: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, October 28, 2020 regarding the above matter: WHEREAS, Michael Macrina Architect P.C., on behalf of RACHEL MURPHY applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated September 30, 2020, 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 recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 4.1 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: proposed structures have been moved olJt lel theCoastal+.,1 Cr.. n Llo�arA Are--; and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on October 28, 2020, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, 2 WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, 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, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of RACHEL MURPHY to demolish existing dwelling and porches, detached garage, shed, cesspool, walks, driveway and air conditioning units; construct a proposed two-story framed 4,178sq.ft. (59'x40' irregular) dwelling with 1,100sq.ft. attached wrap around porch with steps to grade; a proposed 416sq.ft. (16'x26') attached garage; proposed 314sq.ft. (13'x23.3') roof deck over side porch; proposed 140sq.ft. (13'x9.5') roof deck over garage; proposed 85sq.ft. (17'x5') basement stair; proposed 35sq.ft. (7'x5') egress window well; proposed 185sq.ft. (21.4'x8.7') uncovered impervious patio-rear side; proposed 935sq.ft. (40.1'x45.5' irregular) uncovered impervious patio-left side; proposed steps to grade from porch; proposed 480sq.ft. (16'x30') in-ground swimming pool; proposed 4'x10' pool equipment area (pump, filter & heater); proposed two (2) 3'x3' air conditioning units; proposed 3'x5' standby generator; proposed I/A septic system; proposed 2,750sq.ft. gravel driveway; two (2) proposed drywells for house, patios & pool; a proposed 4' high compliant pool enclosure fencing; and to install and perpetually maintain a 10' wide non-turf buffer along the landward edge of the top of the bank; and as depicted on the survey prepared by Metes and Bounds Surveying, last dated October 16, 2020, and stamped approved on October 28, 2020. Permit to construct and complete project will expire two years from the date the permit is signed. 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.) Fees: $50.00 V truly yours, lenn Ool smith President, Board of Trustees e Glenn Goldsmith,Presidentr4f S0f�° Town Hall Annex Michael J. Domino,Vice-President � �C 54375 Route 25 P.O,Box 1179 John M. Bredemeyer III Southold,New York 11971 A. Nicholas Krupski Telephone (631) 765-1892 Greg Williams ` Fax(631) 765-6641 �OR%� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Permit No.: 9633A Date of Receipt of Application: January 13, 2020 Applicant: Rachel L. Murphy SCTM#: 1000-135-1-7 Project Location: 21695 Soundview Avenue, Southold Date_of Resolution/Issuance: February 12, 2020 Date of Expiration: February 12, 2022 Reviewed by, Michael J. Domino, Vice-President Project Description: For the demolition and removal of house, garage, shed, driveway and walkways. Findings: The project meets all the requirements.for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code. The issuance of an Administrative Permit allows for the operations as indicated on the survey prepared by Metes and Bounds Surveying dated April 12, 2018 and stamped approved on February 12, 2020. Special Conditions: Haybales and silt fencing are to be installed during demolition. Inspections: Haybale/silt fencing inspection prior to demolition and Final Inspection. If the proposed activities do not meet the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code, a Wetland Permit will be required. This is not a determination from any other agency. .A�" 4Z4� Glenn Goldsmith, President Board of Trustees BOARD MEMBERS sorrry 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 Southold.,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS �,'JU $ I JUL 0 19 TOWN OF SOUTHOLD . Tel.(631)765-1809•Fax(631)765-9064 * Sou hold'Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 18, 2019 ZBA FILE: #7295 NAME OF APPLICANT: Rachael Murphy PROPERTY LOCATION: 21695 Soundview Avenue, Southold,NY SCTM#1000-135-1-7 QR , DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK,COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to A 14-25, and the Suffolk County Department of Planning issued its reply dated March 18, 2019 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DE TERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated June 24. 2019. Based upon the information provided on the LWRP Consistency Assessment Form, as well as the records, it is recommended that the proposed action is INCONSISTENT with LWRP Policy Standards; and therefore, INCONSISTENT with the LWRP. However, the Board finds that the application, as amended is CONSISTENT with the recommendations of the LWRP policies and is therefore CONSISTENT with the LWRP. The proposed single-family dwelling exceeds the maximum allowable lot coverage in an area subject to frequent coastal storms. In 2009, the Board of Trustees issued a permit for restoration of the bluff that washed-out and eroded as a result of storm damage. Policy 4.1 of the LWRP provision instructs development, other than water dependent uses, in coastal hazard areas be avoided to minimize potential loss and damage. The coordinator included the following comments and recommendations in his report: The single-family use is not a water dependent use.The construction of a single-family residence further landward than the existing structures,furthers this policy, however, it does not mitigate all risks involved with a major storm. The proposed setback from the top of the bluff is proposed at 26.1 feet where 100 feet is required. The small size of the buildable area of the parcel and proposed structure placement coupled with the increase in lot coverage to greater that the 20 percent creates a situation in where the structures are still at risk in a highly vulnerable area. Page 2,July 18,2019 #7295,Murphy SCTM No. 1000-135-1-7 The increase in size(percent cover) of structures is not supported. The closest setback to the CEHA is 2 foot(covered porch). Historical storm events have eroded the bluff seaward of the CEHA line along the Long Island Sound shore even when armored. The proposed location of the structure and increase in structure size in this vulnerable area is highly susceptible to damage and loss over time during times of major storms events including hurricanes. It is recommended that the proposed single-family structure is modified to meet Chapter 280 lot coverage requirements and maximize the distance from the Coastal Erosion Hazard Area to the extent practicable. In the event that action is approved verify the adequacy of the sanitary system shown on the plan. An I/A OWTS (Advanced UA Waste Water Treatment System)is recommended.. SUFFOLK COUNTY SOIL AND WATER CONSERV,A'1It N DI 'a, This application was referred for an evaluation and recommendation to the Suffolk County Soil and Water Conservation District. According to a report from the agency, dated May 30, 2019 which photographs of effected areas, an inspection of the property was conducted on May 22, 2019. At the time of the visit it was observed that the yard landward of the bluff was well vegetated in turf grasses showing no apparent cause for concerns. There was no stairway access to the bluff so a close inspection was not possible. There were obvious erosion issues on the bluff face, and bulkheading that needs some maintenance. It was further noted that the current dwelling rests on the coastal erosion hazard line and is approximately within 10 feet from the top of the bluff at the closest point. The plans to build a new two story home landward of the Coastal Erosion Hazard Line are appropriate for the size of the parcel. Considerations must be made to limit any further erosion on the bluff. Stormwater run-off from the roof must be captured through gutters and leaders and safely infiltrated. Additionally, since this drywell is located in the construction zone where the demolition is to take place, be sure that the structure has the proper infiltration rate and the area has not become overly compacted during deconstruction. The same concern for the installation of the pool, again the drywell for the patio is depicted on the plans but there lacks a description of how the drywell is to be used. There is no statement that this drywell will capture pool discharge or be setup for emergency'or maintenance pool draining. No water should ever crest over the bluff. The bluff is deteriorated and requires mediation. There are stormwater conveyance pipes directly discharging onto the bluff. This has caused significant sliding/sloughing to occur. The bluff also severely lacks vegetation creation increased risk for failure, and will require regrading to the natural angle of repose,followed by stabilization,and revegetation. PROPERTY FAC'"17SIDE CRIPTIION'w The subject property located is a conforming 44,014 square foot lot located in the R-40 Zoning District. The northerly property line measures 217 10 feet adjacent to Long Island Sound. The easterly property line measures 240.00 feet and the southerly property Iines measure 148.84 feet adjacent to Soundview Avenue and the westerly property line measures 253.00 feet. Presently, there is a two-story dwelling and a two-car garage that will be demolished. There are existing stone walls and stone stairs that lead to Long Island Sound from the top of the Bank and a concrete seawall along with wood bulkheading. All as shown on the survey map prepared by Metes and Bounds Surveying, Ralph O. Heil, L.S., last revised April 12, 2018 to indicate the Coastal Erosion Hazard Line. BASIS CJI APVJ,;,'1CA"1"ION: Request for variances from Article iii, Seciions 280-15; Article I`J, Section 280-18; Article XXII, Section 280-116A(1), and the Building Inspector's February 14, 2019, Notice of Disapproval based on an application for a building permit to demolish and existing single family dwelling and construct a new single family dwelling and an accessory in-ground pool; at; 1) proposed swimming pool located in other than the code required rear yard; 2) proposed construction is more than the code permitted maximum lot coverage of 20%; 3) proposed construction of the single family dwelling is located less than the code required 100 feet from the top of the bluff; at: 21695 Soundview Avenue, (Adj. to the Long Island Sound, Southold,NY. SSCTM#1000-135-1-7. Page 3,July 18,2019 #7295,Murphy SCTM No. 1000-135-1-7 i Irl INE lam' la l't The applicant requests variances to demolish an existing single-family dwelling and detached garage and to construct a new single-family dwelling with an attached garage and an accessory in-ground swimming pool. The relief requested is to construct the dwelling 26.1 feet from the top of the bluff where a 100 foot minimum setback is required, locate the accessory swimming pool in the side yard where accessory structures are only permitted in the rear yard or front yard for waterfront properties,and a lot coverage to 22.2% where a total maximum of 20% is allowed. AMENDED ED AP "LIC "LIQ : During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on July 15,2019 submitted a survey prepared by Ralph O. Heil,L.S., last revised July 10, 2019 which depicts an increase in the Top of the Bluff setback from 26.1 feet to 33 feet by reducing the front yard setback by 5 feet applying the "average setback" of the front yard on Soundview Avenue, in conformance with the code.The new revised survey also reduces the proposed lot coverage by decreasing the size of the attached garage (16 feet by 28 feet) and the accessory swimming pool (16 feet by 30 feet) in order to conform to the code permitted maximum lot coverage of 20%, and no longer requires a variance. The proposed pool is still in a non- conforming side yard and will require a variance AC I:JI"'1 IO L1N1'-Ol ' A"FlON In 2010,the Southold Town Board of Trustees approved the Amendment to the Wetland Permit#7204 and Coastal Erosion Permit#7204C to authorize the placement of approximately 122 linear feet of 200-300 lb. toe stone and 6 foot wide gravel splash pad landward of the new bulkhead; to establish small berm landward of the top of the bank; and to stabilize backfill before planting with jute matting (anchored by toe stone)and as depicted on the revised site plan prepared by EN-Consultants,Inc. and last dated July 27,2010. Prior to that permit and Emergency Wetlands Permit was issued by the Southold Town Board of Trustees for temporary precast concrete blocks to be place at the toe of the bluff due to storm induced collapse of the existing timber bulkhead (hurricane Sandy) in October 2009. Additionally, the applicant received a Letter of No-Jurisdiction dated May 30,2019 from the NYS Department of Environmental Conservations for proposed improvements, and advised that no work is to be done landward of the agency's jurisdictional boundary(CEHL). 1 I11 II INC)I�"ACS"I d 1 aC a IS "Q QA.KD.ACTION: The Zoning Board of Appeals held a public hearing on this application on July 3,2019 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 267-b b 'L . Grant of the relief, as amended will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This is a residential neighborhood with waterfront homes of varying sizes that are all similarly located close to Soundview Avenue to provide maximum setbacks from the bluff. The proposed new dwelling will conform to the code permitted front yard setback by applying the "average setback" of the front yard of adjacent dwellings on Soundview Avenue. Many of the waterfront homes in the neighborhood have non-conforming bluff setbacks and in ground pools are a common amenity. The present residence is located 10 feet from the top of the bluff and within the Coastal Erosion Hazard Line. The proposed new house will be moved landward of the bluff and the Coastal Erosion Hazard line. The application has been amended to remove the need for a lot coverage variance by decreasing the size of the proposed attached garage and the size of the proposed in ground pool. 2. Towyn Law 267--b 3 b 2 . The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The proposed in ground swimming pool in the side yard, on grade, is conforming to the required side yard setbacks and avoids adverse impacts to the bluff. Given the Page 4,July 18,2019 #7295,Murphy SCTM No. 1000-135-1-7 reduced front yard setback to locate the new dwelling as far from the bluff as possible,there is no room to locate a pool in a code conforming front yard. The existing dwelling is only 10 feet from the top of the bluff and within the Coastal Erosion Hazard Area. The existing two-story house is 2,194 square feet with a detached garage. The proposed new two-story house will be 2,099 square feet and located outside of the Coastal Erosion Hazard area. The garage will be connected to the house. 3. Town Law `267-b b 3 , The variances granted herein are mathematically substantial, representing 67% relief from the code for the setback of the dwelling from the top of the bluff. However, the buildable area landward of the top of the bluff on this parcel is only 20,462 square feet. The existing dwelling to be demolished is only 10 feet from the top of the bluff and within the Coastal Erosion Hazard line and the proposed setback,as amended will be substantially more conforming to the code. The location of the in-ground swimming pool is mathematically substantial, representing 100%.However, it is the only feasible location given the bluff and front yard setbacks. 4. Town Law 267_b b 4 , No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. The new house will be constructed to new energy code and hurricane code standards with proper drainage and an updated 1A sanitary system. 5. Town Law 267-b 3 b . The difficulty has not been self-created. The same family has owned this property prior to changes or adoption of waterfront regulations and the current bulk schedule. The amended application is proposing to increase the degree of code conformance of all proposed new structures on the subject property. 6. Town Law 267`x.. Grant the requested relief is the minimum action necessary and adequate minimum action to enable the applicant to enjoy the benefit of a demolishing the existing home and accessory garage and building a new dwelling with an in ground swimming pool while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION QE"1__,1-1E ILO w I : In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Acampora, seconded by Member Planamento, and duly carried,to GRANT the variances as AMENDED and shown on the revised survey map prepared by Metes and Bounds Surveying, Ralph O. Heil,LS, and last revised July 10,2019. --SC_1BJEC7F„TO THE FOLLOWING CONDITIONS: 1. The applicant shall submit revised architectural elevations and floor plans per the amended application. 2. The applicant shall address SC Soil & Water District concerns relating to Stormwater Management and comply with Chapter 236 of the Town's Storm Water Management Code 3. The applicant shall address concerns by SC Soil and Water District relating to bluff erosion and apply methods for revegetation and stabilization of the bluff, 4. The applicant shall install an Advanced I/A Waste Water treatment system as approved by the Suffolk County Department of Health Services. 5. The applicants shall obtain approvals by the Southold Town Board of Trustees as/if required. 6. Swimmin;g,,T ng-Pool Co.ndit a. Pool mechanicals shall be placed in a sound deadening enclosure, b. Drywell for pool de-watering shall be installed. M Page 5,July 18,2019 #7295,Murphy SCTM No. 1000-135-1-7 That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration,grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes,Planamento, and Acampora. (4-0)(Member Lehnert Absent) Gie Kanes Weisman Chairperson Approved for filing /Cq /2019 Ou�r�e� APPROVED AS NOTED DATE~ `a� B.P.# _ '°� q COMPLY WITHALL CODES OF W YORE STATE & TOWN CODE F : 01 aCa 'BY AS REQUIRED AND CONDITIONS OF NOTIFY BUILDING DEPARTMENT AT 765-1802 8 AM TO 4 PM FOR THE --X—.S0U'TH0LD TOWN ZBA FOLLOWING INSPECTIONS: 1. FOUNDATION-TWO REQUIRED V lSOUTHOLD TOWN PLANNING BOARD FOR POURED CONCRETE 2. ROUGH-FRAMING,PLUMBING, .73j5 —SOUTHOLDTOWN TRUSTEE r STRAPPING, ELECTRICAL&CAULKING ___q 3. INSULATION f� 4. FINAL- CONSTRUCTION &ELECTRICAL / \ � � °DEC MUST BE COMPLETE FOR C.O. ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE CODES OF NEW YORK STATE. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERRORS. 'SSIIA 1 7 0 IBL. CT WCAI- INSP CTION REQUIRED lllh(I�il(((�IIIAI}'I h ll(/ unt 9r �i I uj�N I / n u, �% / ar✓✓,/%�//i/Ulfr/'/r rG r/f r,r/ rii rrp // ,�y J��l/i % ✓ ' �8 I (� Jru/%ir//lr r / / r rrr,/ i ��!� l. ,/foWo OT v � ' I1/� r �I J r 1wlJ r r r wiljfifl�iipilirrr rva/ %/ %/ rrr/r /%%%// �/- J�, , KPI 10 al ; % /r /,,/jl, I ;I 1 I � "J J �// /i/�r ///� rr/ ,„ ' �o�l`a G4�t"S5� F1�1r4i►�' VIA, Offs: _Q,rider E,grl C'°.rra';:� ' F,AI vh'; mgr„ mry /iimalaf!w��Pf ................. OCTOBER 18, 2017 SURVEY OF LOT-COYERA U, CALC1.1lAILO-J-15 MARCH 30, 2018 -- ADD PROPOSED HOUSElandward to top of bank APRIL 12, 2018 - ADD COASTAL EROSION HAZARD LINE PROPERTY (area = 20,462 SF) SEPTEMBER 25, 2018 - ADD ATTACHED GARAGE ,SITUATE PROPOSED JANUARY 23, 2019 - MISC. REVISIONS VILLAGE OF SOUTHOLD COVERAGE BREAKDOWN JULY 10, 2019 - AS PER ZBA COMMENTS TOWN OF SOUTHOLD HOUSE = 2,099 SF SEPT. 29, 2020 - AS PER TRUSTEES COMMENTS SUFFOLK COUNTY, NEW YORK GARAGE 416 SIF OCT. 16, 2020 - AS PER TRUSTEES SITE VISIT COVERED PORCH = 1,100 SF S.C. TAX No. 1000-135-01 -07 POOL = 480 SF DRAINAGE SYSTEM CALC(JIATIONS: SCALE 1"=30' TOTAL COVERAGE =4,095 SIF ROOF AREA: 3,615 sq. ft. REAR PATIO AREA: 185 scl. ft. 4,095 SF / 20,462 SF = .200 SIDE PATIO AREA: 935 sq, ft. PROPOSED LOT 4,735 sq. ft. X 0.17 = 805 cu. ft. COVERAGE = 20.0% (conforms) 805 cu.ft./ 42.2 = 19.1 vertical ft.of 8'dia. leaching pool required PROVIDE (2) 8' dia. X 12' TALL STORM DRAIN POOLS landward to top of bank to be wrapped with filter fabric _>\ 0 UA CP_ LONG ISLAND SOUND .. SEAWALL .. ALLSEAWALL '7 HIGH WATER ALONGWO 00 BULKHEADAD 114 16 51._5,TD*WAULWAUL5' �' BANK W.IGHTAO" 14 15 16 17 18 �/7.1'to (PATO ON GRADE) 20 PROP SED I is ZONE VE 16 CX, QNJ7-� 1 .Har 2.2' C.EA.I_(POOL) '0 ZONE X A ,,COA AL 1. 1 At, osf ZARD'UNE ' 9, OPOV MAR 0,2sn PROPOSED 4FT TALL TRENCH AN ID 9 IND AEKO,,�JU§L"i —'aA POOL COMPLIANT FENCE PROP NO"2 5 FO�'r 1 aga - — A U'0! C4 f")VIU 0"H- ­`Il,PA 0 (6.oonn� to `6x V* 'oll T0 f- -B'd-1 2 LAR FOR HOUSE, Mz SIDE.PATIO Is NIOIF IX FOR IN-6 POOL BACKWASH GEORGE VASILAKIS N i's I 'REAR PARI L PROE­05�=v /CELLA PROPOSED 4FT TALL AVERAGE FRONT YARD SETBACK a BEOWF___ A01A 19 POOL COMPLIANT FENCE �fgD) " ,"" an, 215\ 1- � 11/1, 8\ 1,19.0 mlis 11 LOT #6 - 31.8' PROPOSED UNEAR ATTACK4 TRENCH DRAIN TO BE LOT #5 - 58.6' "'C" oposi PIPED TO DRYEEU 12 GARAGE, '0,G.F.E. Vi LOT #4 - NO STRUCTURES 6 LOT #3 - 25.5' L6_6 6 LOT #2 - 31.8' BE LOT #8 - 41.9' 16 5C 15 LOT #9 - 3.2' LOT #10 2.4' osco aN e FENCE BDCD LOT #11 6.3' CAR AY cat - 201.5 ga TOTAL PAI\ PAI\ 201.5/8 - 25.2' AFYSEP fi,Z5 Q. % AREA oR x 17 Ar property line deeded V 44,014.1 sq. ff. x "SAJ , —---- 1.010 ac. HYDRANT 8 1, ZAP landward to top of bank '�X X, 19 20,462 sq. ft. WATER METER 0.47 ac. SPOT LIGHT Gv E] GAS VALVE NOTE LOCATIONS AND EXISTENCE OF ANY DRYWELL SUBSURFACE UTILITIES AND STRUCTURES NOT READILY ASIBLE,ARE NOT CERTIFIED. THIS IU—IS SUBJECT To ANY EASEMENT METES AND BOUNDS SURVEYING OFICHMAORD M ANY OTHER PERTHENT EACTs AH TOTE$Mo. IANT GSO.11 53 PROBST DRIVE 'UNACTHQAIZEO ALROso—OR ADUMN TO A PJA­MAP BEARING A LICENSED—sUli SHIRLEY, NY 11967 SM IS A VIOLATION OF ARTICLE 134.SOCTON 7 7209,SUB MSION 2,Or THE NEW YORK STATE ry PHONE (516) 972-5812 PDOWON LAA, surveydude@optonline.net 'Coda,from the.6gin.1 of this.—y nn.p Pat..,Id With za.,Jpirdl.f in.I.;Id LOTS: 07 BLOCK: 01 SECTION: 135 DISTRICT: 1000 Inked ," an HIS—boanni...I - --d - t' I 'CrUfl-kon I'rdi�1.41od hK`­dIdd9,`Ry th-l'* NOTES: MAP OF: this—y...popon,d;,oo—dona,with the-istingroad of 1 "', , asurveys adapted by the no,'.'1is REP. flor of 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM P,of...I­I Land S...y­ Said SITUATED AT: HAMLET OF SOUTHOLD Cerrific UP S Shall On only to the person 'Ith,sulay Is prepared.and on his EXISTING ELEVATIONS ARE SHOWN THUS: -0-0-0 TOWN OF SOUTHOLD, SUFFOLK CO., N.Y, far Whom .?rnp. 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