HomeMy WebLinkAbout51628-Z TOWN OF SOUTHOLD
BUILDING DEPARTMENT
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#: 51628 Date: 02/11/2025
Permission is hereby granted to:
Soundhaus Hldgs LLC
10 Elm St
Woodbury, NY 11797
To:
construct a deck and raised patio addition to include a recessed hot tub and an in-ground swimming
pool to an existing single-family dwelling as applied for per Trustees&ZBA approvals.
Premises Located at:
2635 Soundview Ave, Mattituck, NY 11952
SCTM#94.4-12.1
Pursuant to application dated 11/12/2024 and approved by the Building Inspector.
To expire on 02/11/2027.
Contractors:
Required Inspections:
Fees:
Single Family Dwelling- Addition&Alteration $1,271.00
SWIMMING POOLS-IN-GROUND WITH FENCE ENCLOSURE $300.00
SWIMMING POOLS-ABOVE-GROUND WITH REQUIRED FENCING $300.00
CO-RESIDENTIAL $100.00
Total SIL.971.00
i ding Inspector
�f01 ° "
TOWN +� S
,r Town Hall Annex S 4 3 '7
Telephone(631) 765-1
JZ
631
/j 76 APPLICATION FOR E31LJ1 0,
For Office Use Only
PERMIT NO. Building �r7sp,
Applications and forms must be filled out in their
applications will not be accepted, Where the A
Owner's Authorization form(Page 2)shalI be co v O��
Date:11/12/2024 � " the o
lvnep"�an
OWNER(S)OF PROPERTY:
Name:
Soundhaus Holdings, LLC
Project Address:2635 SoundvieW Ave,-,,ilk
Phone#:617-308-1713 1000
Mallin Address:
g 10 Elm Street VVoodbu �k/�y
CONTACT PERSON;
'7 � _ , lere�%
Name:Jennifer DelVaglio/East End P
Mailing Address:
PO Box 369 Peconic
Phone#:631-734-7600 9 "--
DESIGN PROFESSIONAL.INFORMATION: �-
Name.
Mailing Address: -� O
Phone#:
--
CONTRACTOR I'NFORMATION --..
Name:Jennifer DelVaglio/East End Poo '
l
Mailing Address: K/►7g --.�.,w,„ ""^-""`'^�.
PO Box 369 Peconic IVY
Phone#:
631-734-7600 --
DESCRIPTION OF PROPOSED CONSTRUCTION "" -
❑NewStructure ❑Addition ❑Alteration F-1p., ;�
D Other 15x32 swimming pool with deck extension pi
Will the lot be re-graded. ®Yes El No
Will e --,�
tledfrom
1 - .
Frefox about:blank
PROPERTY INFORMATION
Existing use of property: � � Intended use of property:
Zone or use dlstr in w Ic pre, s Si I Are there any covenants and restrictions with respect to
�� this property? ❑Yes ONO IF YES,PROVIDE A COPYI
❑'Check Box After Reading, The owner/contractor/design profesdonal h responsible for all drainage and storm water Issues es Provided b
Chapter 236 of the Town code.APPLLCATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the 0uildiOrdinance of dw Toxin of Southold,Suffolk,County,Now York and other applicable laws,Ordinances of Reguiatio;%for the Construction of bulldingsnaddldons,aheradons or for removal or demoRdon as herein described.The applicant agrees to comply Wish as dpplkdbld Ndw9Sr ordinances,buRding cohoxtMg cede and regulatloru and to admR authorised hispecton on premises and M bulldMg(s)for rwcnsary Inspscdom.Fal:•sestamants made Mn
punishable in amaa A misdemeanor pursuant to Section 210AS of the New York State panel law.
Application Submitted By print n e): IYAuthorized�ent ❑��ner
` I L
S 11 ignature \� 2-
of Applicant: Date: _
:
CONNIE D.BUNCH
STATE OF NEW YORK) Notary Public,State of New York
S5: No.01 BU6185050
COUNTY OF i Qualified In Suffolk County
Commission Ex Iro e � rll
� 'is,duly sworn,dep seaand yst1 t h cant
(Name of individual signing contract)above named,
(S)he is the.
Contractor/Agent
(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
6 �of �.�.� 20�� li�l4VV""" bw)ON
Notary Public
PROPERTY OWNER AUTHORIZATION
(Where the applicant Is not the owner)
2-(0
1, ,� RE I-�%k residing at �35 Soundview Avenue, Mattituck
doherebY authorize Jennifer Del Vaglio to apply IYO n
my behalf to the Towne Southold Building Department for approval as described herein.
3
Owner's SI nature ate
Print Owner's Name
2
I of 1 9/29/23, 10:32 AM
-AA-1
rN
Sc
ott A. Russell SUFFQ ,�Cr0IKI\\\][WA 1E][.
SUPERVISOR I��[A�N A��G 1EM1EN]F
SOUTHOLD TOWN HALL-P.O.Bax 1179 p
53095 Main Road-SOUTHOLD,NEW YORK 11971 Town of SO Zl th O Zd
CHAPTER 236 - STORMWATER MANAGEMENT REFERRAL FORM
( APPLICANT INFORMATION TO BE COMPLETED BY THE APPLICANT
ONLY FOR PROPERTIES ONE ACRE IN AREA OR LARGER. )
APPLICANT: (Property Owner, Design Professional, Agent, Contractor, Other)
Date: /2-4
NAME:
ZVAIV
Contact Informatt t .,p°. �.
(E-mail8'relephone Number)
I
Pro ert V Address / Location of Construction Site:
� S.C.T.M. #: 1000
DiSLFICt
-- — Section Block Lot
E
.. :�'.
TO BE COMPLETED BY SOUTHOLD TOWN ENGINEERING DEPARTMENT
Area of Disturbance is less than 1 Acre. No S.I°".D E-S Permit is Re uim°eCJ G
Project does Not Discharge to Waters of the State. No S.P.D.'E.S. Permit is Re ulred I
Area of Disturbance is Greater than I Acre& Storm-water Runoff Discharges Directly I'
to Waters of the State of New York. THE APPLICANT NIUST OBTAIN a S.P.D.E.S. Permit
DIRECTLY From N.Y.S. D.E.C. Prior to Issuance of a Buildin Permit.
•- Area of Disturbance is Greater than I Acre & Storm-water Runof I' Flows Through Southold
Town's MS4 Systems to Waters of the State of New York THE APPLICANT MUST OB]"AIN
a S.P.D.E.S. Permit thn)t gh the Southold Town Engineering DD rire�at
Prior to Issuance of a Building Permit.
I
Date.
Revieuved By:
0 E
PYIpm -Tr1C nl tnhP,- 7n l q
u M B
BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD,NEW YORK
f"
PERMIT NO. 10668 DATE: OCTOBER 16 2024
ISSUED TO: SOUNDHAUS HLDGS,LLC
PROPERTY ADDRESS: 2635 SOUND'V`IEW AVENUE. +IATTITUCK
SCTM#1000-94-1-12.1
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 October 16,2 24„and.
in consideration of application fee in the sump.o 12� 0.00 paid by oundha s Hlds,LLC and subject to°time
Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits
the following:
Wetland Permit to construct a swimming pool with raised pool patio,34'x22'
retractable deck/pool cover on sliding rail system; install railroad tie retaining walls
around proposed raised pool patio; install pool enclosure fencing;pool drywell and pool
equipment area; construct a deck landward of pool patio; install a 7'x7' spa,install a
41x4' outdoor shower; install a bbq area,a planter,and a bench; with the conditions
that all structures be a minimum of 50' away from the top of bluff;seaward most
drywall be moved landward; remove landings and decks in accordance with ZBA
determination; and height of retaining wall not to exceed 24"; all as depicted on the site i
plan prepared by L.K.McLean Associates,P.C., received on October 30,2024, and
m
stamped approved on October 31,2024,
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 day and year written above.
StfF0 -
P,
IA
SURVEY
OF
DESCRIBED PROPERTY
SITUATE AT
NUTTITUCK
TOWN OF OUTHO D
SOUND �---- '=---
SUFFOLK COUNTY,NEW YORK
LONG ISLAND Jr AREA = 45,348f SQ.FT.OR 1.041f ACRES
EXTSTM 4107 .-
PL47FERMBC
PER ZBA D 44�,° s.�-• .. •" r.. " .m PDT,
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[RT'EJ'ZdXPI o e,�, surarrvc
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�M 1.•�� W Lr�q � 'I � AAE
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PYt@IF`a.ReaI.M.RkAAXf RE rr
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s'�^t�rxt slr+ ,rµ. wmIM ~r RR
—FRC1P,DECK
0- 1118
tlrt"Rs fi mx,f+YC'WJ.eaRk
PROP.PLANTER AI', e O,^R GRA&, e.rw
ar Nam. 'tltN 'A
PRLE lRR,9 ,,, IC y «7'x7'SPA
y � ^u* c.w A'RdAP:BENCH
r,RA Tp.13 t
AfT
a
U r y
N I .,.W.. ....'..,
HOUSE, 1,049 SRF(.
"4 RAISED BECK, 351 SOFT
z W M IP �I . "* S any ` STEPS CBY THE DECK, 49 so.ki
p P C 4rt5 STEPS/PLATFURMS ON THE BLUFF 573 SOFT.
FRONT STOOP, 30 S@f"'r '.
W 2
N VERRGE 2,P�r'.5'GfT.P4'"
TOTAL EXPS7 LOT CO
l q V 4 HOUSE, 1,049 SOFT.
'h STEPS/PLATFORMS ON THE BLUFF, 573 SOFT:
FRONT STOOP, 30 SOFT.
PROP. RS AN DECKS ES, STEPS,
\ PLANTERS AND BENCHES, 904 SOFT.
PROP.SPA, 49 SO.FP.
I 4� �' SM,. �" „„ ....... ^^•• PROP.POOL, 480 SOFT,
PROP.RAISED RATIO, l,305 305 SOFT
APPROVED 8Y PROP. FROM
AREA, 1454 SUET.
e ' l e N BOARD OF I RUSTEES r it n a sa s®.FrPPao%
TOWN OF SOUTHOLD LL ocavEk"cE 4 A
DATA 'i.,.l' SM`..5• 3' aL�tlb� NOW C 1,049 SOFT
RAISED BECK, 351 SCFT.
„ \ "5�1 4 Y •"' � �+ Sr P.S[BY THE.S ON 49 SOFT
4 u Ci„ M 4 ,� I 4 �.un �..^`'•✓ •• rRGNT STOOP,
ON THt'SLUFF, 573 SOFT.
i Y 4 Asl „h W v m• mm TOTAL SGF'7 30 SOFT. N•
rPtPAL ENY.ST l R!LRVFRA6E(DEC),2,052 SOFP/457
s� 0 "LSFP_J'Lff,d"fd'd»C."' .ti,G�.C1".....�,
�'. HLPUSR d, SOFT.
RRR4 m ROPS✓PL.ATFI7kMS ON THE BLUFF,
.UFF, 573 SOFT.F
g FRONT'STOOP, 30 SOFT.
PROP RAISED DECKS WXTH STEPS',
m 1q W I 1p Pf.ANrT"kS AND BFNf.HEs, 94 SOFT.
yp V POOP SPA, 49 SO.FT.
Y PROP POUF, R80 SOFT.
M 99YsnYCedaJrT' ". � ^'J""""""""` Y"^^•^^—^.^°�• PROP RAfSFD PATIO+ 1,305 SOFT.
a�� } s avurns^M P439J' PROF ONG AREA, 154 SOFT.
^,$,,,'�'_,J+"F ,,••„_ „•!� " TOTAL PROP.LOT CDVFRAGF, 4,544 SOFT.PfO.O%
"'°* sm'R'+ww.J:upvrw.r 4.4,,,, xwma.Tan x,n
SOUND VIEW AVENUE 6
co,vtnEl OCT 3 0 2021 1V
roioePzare Bw. a,slst'u Hu„aA:.ma.A,avawrr
cero iroz n ( ra nrcTFp !mL rzc :Y.
R 60 TO tl AUAFk COY f.F.4 r aARll RfM1T T.r.
DAT£ aw DY DESCRIPTION IT ArlIrrov.BY
Town REVISIONS of Southold
GRAPHIC SCALE ll Suffolk County, New York
h x 2635 Soundview Avenue
..�.
ttuckn New York
OF Proposed Survey
0r FEET} � CONSULTING ENGINEERS X§§' LAND S, P- RW
i inch- 30 8L 437 SO. COUN EN ROAD HROOILAND , NEW YORS
/hereby rerhly lhel lh-s msp xAs metle Pmm en acNePsuroey i, rr3+ A S
SUFFOIIC LOUMTYREAL PR6 ERTy PA#PoiAP NY5P�¢5IX9204 L23 „•••• •••• � ® R[,R I��tl By File N0.2
L�LDSRRO roe mm nwroM no,JrnJ.mnxp,are u. iAMARALSTI-LhYAN,P.L3. -,Prove Y 1=30
xm wrmw.wm,r....s uJ.Jn+n..nso•b+:a alw..I..r x 301/200 1
LOT
✓Jxo:nti 1 '... D D DM Dat 043181"D00 J I
d
Now York State Department of Environmental Conservation
Building 40-SUNY,Stony Brook,New York 11790.2356
Telephone(516)444-0365
Facsimile (518)444-0380
John P.Cahill
Commissioner
LETTER OF 1 1 1S . I-C - 111bALWETLAN "1' TI IY fS
Date: September 25,2000
Ms. Ingrid Malley RE: 14738-01949/00003
46-15 195 Street Malley Property
Flushing,New York 11358 2635 Soundview Avenue,Mattituck
SCT1V No. 1000-94-01-12.1
Dear Ms. Malley:
Based on the information you have submitted, the New York State Department of Environmental
Conservation has determined that the property landward of the topographic crest of the bluff,as shown
on the attached survey prepared by Howard W.Young on 5/30/00 and last revised 9/15/00,is beyond
Article 25 jurisdiction.
Therefore,in accordance with the current Tidal Wetlands Land Use Regulations(6NYCRR Fart 661)
no permit is required under the Tidal Wetlands Act. Please be advised,however,that no construction,
sedimentation,or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional
boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary
precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground
surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such
precautions may include maintaining adequate work area between the tidal wetland jurisdictional
boundary and your project(i.e. a 15' to 20' wide construction area)or erecting a temporary fence,
barrier,or hay bale berm.
Further,the project is greater thin 100 ft. from regulated freshwater wetlands MH-2. Therefore,no
permit is required under the Freshwater Wetlands Act(Article 24 of the Environmental Consenfation
Law).
Phase be further advised that this letter does not relieve you of the responsibility of obtaining any
necessary permits or approvals'from other agencies.
Very truly yours,
Peg�Ad.ini/strator
cc: En-Consultants, Inc,
Bureau of Marine Habitat Protection,NYSDEC
Bureau of Habitat,NYSDEC
File
DMC
BOARD MEMBERS �' s'a / 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. (;r 54375 Main Road(at Youngs Avenue)
Nicholas Planamento CnUNTI, Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
October 18, 2024 Tel. (631) 765-1809
Jennifer Del Vaglio
East End Pool King
46520 Route 48
Southold,NY 11971
Re: Amend Decision, File 47949
Soundhaus/Jeremias, 2635 Soundview Avenue, Mattituck
SCTM No. 1000-94-1-12.1
Dear Ms. Del Vaglio;
We are in receipt of your correspondence, dated October 10, 2024, requesting an amendment to ZBA
determination#7949,dated September 19,2024,in which the Board considered several variances in order
for the applicant to construct a deck and patio, and install a hot tub and a swimming pool on a residential
property, as well as maintain"as built" decks on and seaward of the top of the bluff.
Since relief for the"as built" decks and landings located on and seaward of the top of the bluff have
been denied, your clients have asked that the Board decision be amended to"allow the removal of the
extension of the j first platform and keep the platform in the staircase with the originally approved size
remain (4 ft. by 6 ft.) that was granted by the Trustees on February 2, 2007".
At the ZBA Special Meeting on October 17, 2024,the Board reviewed your request,the copy of the plan
stamped approved by the Board of Trustees, dated February 2, 2007 and copy of the proposed survey
last revised October 4, 2024, showing the size of the platforms located on and seaward of the top of the
bluff, and therefore, approve your request to amend the denial as per your proposal.
Be reminded that the most northerly platform shall be removed pursuant to the Board's determination.
Please submit two (2) original signed and sealed surveys, last revised October 4, 2024 and contact our
office if you have any further questions.
(.. Leslie K ties Weisman, Chairperson
cc: Building Department
BOARD MEMBERS OF S0�f�� Southold Town Hall
53095 Main Road • P.O. Box 1179
Leslie Kanes Weisman, Chairperson Southold,NY 11971-0959
/ Patricia Acampora Office 1-ocatton:
Eric Dantes Town Annex/First Floor,
Robert Lehnert, Jr. ' 54375 Main Road(at Youngs Avenue)
Nicholas Planamento rou V, Southold,NY 11971
RECEIVED http://southoldtownny.gov PJ 6 1,0 09 CA-w
ZONING BOARD OF APPEALS SEP 2 4 W
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Pro_ulh"Old
"fi'=n Clerk
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF SEPTEMBER 19, 2024
ZBA FILE# 7949
NAME OF APPLICANT: Soundhaus Hldgs LLC
PROPERTY LOCATION: 2635 Soundview Ave. Mattituck,NY 11952 SCTM# 1000-94-1-12.1
'F�R,A Dli,�1`l.RM[�P�A rIO'N: 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.
SLIFIWOLK CC►UNTY AI MI ix TI ATLYE `ODE: This application was referred as required under the Suffolk
..m� _
County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply
dated July 16, 2024 stating that this application is considered a matter for local determination as there appears to be
no significant county-wide or inter-community impact.
LWRP_DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency
review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. The LWRP Coordinator issued a recommendation dated August 27, 2024. Based upon the information
provided on the LWRP Consistency Assessment Fonn submitted to this department,as well as the records available,
it is recommended that the proposed action is INCONSISTENT with LWRP policy standards and therefore is
INCONSISTENT with the LWRP. The LWRP report references two "as-built" decks which were constructed
without proper permits being inconsistent with the LWRP. The "as built" structures do not meet LWRP policy 4.1
to minimize the losses of human life and structures from flooding and erosion hazards.
By re-locating the drywell further from the bluff, removing the "as built"landing and deck located seaward of the
top of the bluff,and establishing and maintaining a 22 feet non-turf landscape buffer, any potential adverse impacts
will be mitigated. Therefore,this Board now,determines that the proposed action is CONSISTENT with the LWRP.
PROPEWFY FACT. /DE QRIPTION: The subject property is a conforming 45,348 square foot waterfront property
located in an R-40 Zoning District. The property runs 103.09 fronting the Long Island Sound along the northerly
property line, runs 423.74 feet along the westerly property line, runs property runs 106.62 feet fronting Sound View
Avenue along the westerly property line and runs 441.55 feet along the westerly easterly property line. The property
is improved with a two-story frame dwelling and structures seaward of the top of the bluff. All is shown on a survey
by L.K. McClean Associates P.C., stamped by Tamara L. Stillman, LS, last revised July 2, 2024. This survey has
been revised and the Board considers this an Amended Application.
Page 2, September 19,2024
#7949, Soundhaus Holdings, LLC/Jeremias
SCTM No. 1000-94-1-12.1
BASUa.01F APPLICATION: Request for Variances from Article XXII, Section 280-116A(1);Article XXIII, Section
...........-
2 80-124; and the Bu i Idi ng Inspector's May, 22, 2024 Notice of Disapproval based on an application for a permit t to
construct a deck and raised patio addition to include a hot tub and swirriming, pool addition to an existing single
family dwelling and to legalize the expansion of a stair platfunn located seaward of the top of the bluff; 1) proposed
construction located less than the code required 100 feet from the top of the bluff, 2) "as-built" platform located
seaward of the top of the bluff, not permitted; 3)proposed construction located less than the code required minimum
side yard setback of 20 feet; located at: 2635 Soundview Avenue (Adj. to the Long Island Sound), Mattituck, NY.
SCTM No. 1000-94-1-12.1.
The applicant requests a variance to construct a deck and raised patio addition to include a
hot tub and pool addition to an existing single-family dwelling and legalize the expansion of a stair platform seaward
of the top of bluff. The construction shows the proposed construction located 52.3 feet from the top of the bluff
where town code requires a minimum I 00-foot setback from the top of the bluff. The applicant proposes to construct
retaining walls with a raised patio at a side yard setback of 5.5 feet where town code requires a minimum 20-foot
side yard setback. The applicant proposes to legalize "as-built" decks/landings located seaward of the bluff where
Town Code requires structures to have a minimum 100 feet top of the bluff setback.
A�M,�� in into more conformity
,N_QERAPPLLCATION: During the hearing, the applicant was asked to bring the plan
with the code. The applicant,oil September 5,2024,submitted a survey showing the placement of proposed drywells
pursuant to LWRP recornmendation, correcting the notated size of the swimming pool fi-om 20 ft. X 32 ft. to 15 ft,_
by32 ft , and bringing the plan into more conformity with the Town Code.
ADDITIONAL fNFORMA'l ION Site inspection and the aerial photographs show that the neighbor to the east of
the subject property and the neighbor to the west ofthe subject property have swimming pools with a non-conforming
bluff setback similar to the top of the bluff setback the applicant proposes.
A neighbor to the cast came to the hearing and made remarks about the application testifying that they are not
necessarily against the application but are concerned with accuracy of the survey and the change in their view from
their deck. The neighbors did not make a legal argument and the comments are irrelevant to this application.
CT :
�'. ION
The Zoning Board of Appeals held a public hearing on this application on.September 8, 20211 at which time written
and oral evidence were presented. Based upon all testimony, documentation, personal inspection of tile property
and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and
relevant and makes the following findings:
1. Town Law §267-b(3)(b)(1). Grant of the variances for the proposed swimming pool,raised patio and retaining
wall will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties.
The neighborhood is a Long Island Sound front residential neighborhood in which swimming pools located in rear,
yards are characteristic. The pool will not be seen from the street or adjacent properties because the side property
lines in the seaward rear yard are heavily screened with mature vegetation, (;,ranting variance relief for the"as-built"
decks set with negative bluff setbacks will produce an undesirable change in the character of the neighborhood
because they contribute to bluff degradation.
2. Town 1,aw §2 7-b(3)Jb)(2). The benefit sought by the applicant can be achieved by sorrie method, feasible for
the:applicant to pursue,other than an area variance. The applicant could build a swimming pool and patio in a code
conforming front yard location. However, there are substantial slopes in the sul)ject front yard that would require
extensive land disturbance and retaining walls. Additionally, pools in front yards are note characteristic of the
Page 3, September 19,2024
#7949, Soundhaus Holdings, LLC/Jeremias
SCTM No. 1000-94-1-12.1
neighborhood. The subject decks/landings can be replaced with an at grade top of bluff patio that can provide
comparable views to the LI Sound.
3. Town Law "267-b 3 b 3 . The variances granted herein for the non-conforming top of bluff setback for the
raised patio is mathematically substantial, representing 47.7% relief from the code. Establishing a 22-foot non-turf
buffer,as shown on the survey submitted, will mitigate the environmental impacts of the swimming pool and patio's
non-conforming bluff setback. The variance granted herein for the non-conforming side yard setback for the raised
patio is mathematically substantial representing 72.5% relief from the code. However,, the variance is for decks
attached to the house, and a raised patio with swimming pool. The house is not sited parallel to the stale property
lines thereby creating a small side yard setback for the pool and pool cover which are designed to be attached and
parallel to the dwelling The patio is less than two feet above ,grade and the applicant needs to build the raised patio
in order to manage the storm water drainage. The proposed plan will keep storm water off of the neighbor's property
and off of the bluff in order to comply with Chapter 236 of the Strum Water Management Code of the "own. The
variances denied herein are for the"as-built"decks seaward of the top of the bluff and are mathematically substantial
representing over 100% relief from the code.
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.
5_ Town Law 267-'b 3, ' S . 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 for the decks attached to the house, raised patio, retaining wall,
and swimming pool is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of'a
swimming pool and outdoor entertainment area while preserving and protecting the character of the neighborhood
and the health, safety and welfare of the community. Granted requested relief for the decks seaward of the bluff is
not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a deck 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 Dantes, seconded by Member Acampora, and duly carried,
to
GRANT the variances as applied for decks attached to the house, raised patio, retaining wall, and swimming pool,
and shown on the survey prepared by Tamara L. Stillman, last revised September 4, 2024 and Architectural Plans
prepared by Charles Angona, Architect, dated May 20, 2024 labeled DE 1.1 and DE 2.1.
and to DENY as applied for the variance for the "as built" landings and the decks located on and seaward of the top
of the bluff.
Be dre an Iin or a uild�per? the applicant or agent must submit to the Board of Appeals for approval and
filing, two sets oj'thefin,al'site plan or sui vey conforming to the reli'efgranted herein. The ZBA will forward one set
Of approved stamped drawings to the Building Department, Failure to followw this procedure may result in the delay
or decrial of a building perin it, and may require a nov application and public hearing before the Zoning Board of
Appeals
Page 4, September 19,2024
#7949, Soundhaus Holdings, LLC/Jeremias
SCTM No. 1000-94-1-12.1
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The submission of an updated survey depicting the removal of the seaward landing and deck.
2. The applicant shall maintain the 22 feet non turf buffer as depicted in the survey last revised September 4,
2024.
3. Pool pump equipment mechanicals must be located a minimum of 20 feet from any property line or be
contained in a shed type enclosure with a lot line setback that is in conformance with the bulk schedule for
accessory structures.
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 I E APPROVAL. 5 + RANTED 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
buildingpermit and/or the issuance of a Stop Work Order, and may require a new application andpublic hearing
before the Zoning Board of Appeals.
Any deviation from the variance(s)granted herein as shown on the architectural drawings,siteplan and/or survey cited
above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the reliefgranled 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 properly 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 R IJIRED
TIINr'!E FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the
Building Department of a Certificate of Occupancy,nullify the approved variance relief, and require a new
variance application with public hearing before the Board of Appeals
Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Planamento, Acampora and Lehnert. (5-0)
Leslie Kanes Weisman, Chairperson
Approved for filing / / ,?o /2024
C CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY)
11/17/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s),
PRODUCER N,OhME'CT Barbara Dammers
Roy H Reeve Agency,Inc. PHONE (631)298-4700 F
AlA (631)298-3850
0..Ext': kC,Nr.:
PO Box 54 IL
ADDRESS, bdammers@royreeve.com
13400 Main Road INSURERM)AFFORDPNG COVERAGE NAIC it
Mattituck NY 11952 INSURER A: Transportation Insurance Co 20494
INSURED INSURER B: Continental Insurance Co. 35289
Eastern End Pools LLC,DBA:East End Pool King INSURER C. Continent]ICa2sualtyompany 20443
PO Box 369
INSURER D
INSURER E:
PecOnic NY 11958 INSURER F:
COVERAGES CERTIFICATE NUMBER: CL23111720048 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
I NSR N D wv POLICYPO
LTR TYPE OF INSURANCE D POLICY NUMBER MM/DDIYI'YY MMIDD= LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE �OCCUR �PREMISES"E rourronte $ 100,000
` Contractual Liability MED EXP(Any one person) $ 15,000
A Y Y 6080837145 11/15/2023 11/15/2024 PERSONAL&ADV INJURY $ 1,000,000
L�A GGR ICY Lt°" TE-'.Li M IT APPLI ES PER: _GENERAL AGGREGATE $ 2,000,000
PRODUCTS?COMP/OPAGG $
G.�Eh9' A�PRO-
t JECT �,LOC 2,000,000
OTHER: $
AUTOMOBILE LIABILITY COhIMNED--SINGLE..LIIMIT $ 1,000,000
Ea a AuM
ANYAUTO BODILY INJURY(Per person) $
B OWNED li SCHEDULED 6080837159 11/15/2023 11/15/2024 1 BODILY INJURY Per accident) �'....$
AUTOS ONLY AUTOS
X HIRED NON-OWNED PRO :RTY DAMAGE
AUTOS ONLY AUTOS ONLY Pa,r accillenl $
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB HCLAIMS-MADE AGGREGATE r$ 1,000,0rom
DED RETENTION$
WORKERS COMPENSATION PER OTH- °
..AND EMPLOYERS'LIABILITY YIN STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE 1,000,000
C OFFICER/MEMBEREXCLUDED? NIA 6080837162 11/15/2023 11/15/2024 E„L EACH ACCIDENT
(Mandatary in NH)
If yes,describe under E.L.DISEASE-EA EMPLOYEE
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required)
Certificate holder is included as additional insured under General Liability as per the terms and conditions of form 4CNA75079XX-Blanket Additional
Insured with Products-Completed Operations Coverage Endorsement, Form CNA74705NY-Contractors GL Extension Endorsement,NY includes waiver
of subrogation&primary&non-contributory coverages as required by written contract or agreement. Additional insured under the business auto is included
under Farm#CNA63359XX-Auto Contractors Extended Coverage Endorsement-Business Auto Plus.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Town of Southold ACCORDANCE WITH THE POLICY PROVISIONS.
PO Box 1179
AUTHORIZED REPRESENTATIVE
Southold NY 11971 �I
4
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
ttIUJ/LNG IV .JJ JD L+ A- EDGE OF WATER lef""
TO BE REMOVED N 44"32'5 ' 44.07 , .��; —
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PROP. RAISED RAILROAD TIE
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x TOTAL
t 7379 Q Q
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71.7�9 € £} I Qq x PROP, II
x l-HOUSF_,
- STEPS/
FRONT
X PROP, !
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76.74 PROP. ;
i
PROP, f
\ \ A iPK:f" P �r t7Y PROP. F
x 7595x BOARD r�U PROP, I
x 72py1 q STEES TOTAL r
OF i
69,I9 1 7�'7�
77�, TOWN OF Sp _
x UTHO�D
DATE �� --
� EXIST
RAISED
r
t S TEPS
l4 t s 7441 � 7780 �..—_. f �� STE
FPS/f
a
\ meal i l t1 RONT .
I ' _ Ta E
I § fIDU E;
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cm
j fflf
es_v x 7a01 IFRN T
7dd3 7"7. , 78B3lj ° 7520 F
PROP. R,
y� l e Fx ` NON PLANTS!
' PROP, SI
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` t 3
£ � S 'a w -
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EDGE ln,� 7z5e s TOTAL P
7818 `s i°nee
Xmy r x75.92 x77,451 1 x79.t2
SLIUND VIEW AVENUE
WERE