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Home My WebLink About51684-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#: 51684 Date: 02/25/2025 Permission is hereby granted to: Rocky Bluff LLC 20 E 9th St 12K New York, NY 10003 To: construct additions and alterations to existing single-family dwelling as applied for per DEC Non- Jurisdiction letter,SCHD,Trustees&ZBA approvals. Premises Located at: 645 Rosenburg Rd, East Marion, NY 11939 SCTM# 21.-1-26.1 Pursuant to application dated 11/01/2024 and approved by the Building Inspector. To expire on 02/25/2027. Contractors: Required Inspections: Fees: Single Family Dwelling- Addition&Alteration $794.00 CO-RESIDENTIAL $100.00 Total $894.00 Building Inspector TOWN OF SOUTHOLD—BUILDING DEPARTMENT Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959 goo Telephone (631) 765-1802 Fax (631) 765-9502 j It1a :4/ r c 0��h—q. -.- rY It c . Date Received APPLICATION FOR BUILDING PERMIT t For office Use Only 7 PERMIT NO, Building Ingecor... w... M. N 0'J :n�Y 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. Date:10130/2024 OWNER(S)OF PROPERTY: Name: Rocky Bluff LLC F CTM# s000-021-01-26.1 Project Address:645 Rosenburg Rd, East Marion, NY, 11939 Phone#:917 494 8822 Emaiil:rireisman@teleshuttle.com Mailing Address:645 Rosenburg Rd, East Marion, NY, 11939 CONTACT PERSON: Name:Richard Reisman Mailing Address20 E. 9th St. - 12K, NY, NY, 10003 Email:rreisman@teleshuttle.com Phone#: 917 494 8822 DESIGN PROFESSIONAL INFORMATION: Name:John Berg - Berg Design Architecture Mailing Address:611 Broadway, Suite 424, NY NY 10012 John@b..__g �.g _ ww _ture.com 917 328 3905 Email:" er desN narchitec -_. .... Phone.# ..._..-___.w._.....�....... .._ww........ _._..._- _w_ ........_w. _...........__..... _.— CONTRACTOR INFORMATION: Name: Mailing Address: Phone#: Email: DESCRIPTION OF PROPOSED CONSTRUCTION ❑New Structure *Addition *Alteration ❑Repair ❑Demolition Estimated Cost of Project: ❑Other $ Will the lot be re-graded? ❑Yes *NoWill excess fill be removed from premises? ❑Yes *No 1 PROPERTY INFORMATION Existing use of property: residential Intended use of property:residential Zone or use district in which premises is situated. Are there any covenants and restrictions with respect to this property? Wes ❑No IF YES, PROVIDE A COPY. IQ 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 1S 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):John Berg ®Authorized Agent ❑Owner Signature of Applicant: Date: STATE OF NEW YORK) COUNTY OF ) Q k M 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 day of 1V bVC(n kr'r 204 fir. ---Nq 86i(A. LUcak Notary Public., State of New York Reg. No. 01 LU6386882 PROPERTY OWNER AU' HORI ATI 7 ualified in Suffolk County (Where the applicant is not the own�Tpmmission Expires 02/04/2027 Richard Reisman of Rocky Bluff LLC 545 Rosenburg Road residing at East Marion, NY 11939 do hereby authorize John Berg to apply on my behalf to the Town of Southold Building Department for approval as described herein. 10/30/24 Owner"s Signature Date Richard Reisman for Rocky Bluff LLC Print Owner's Name 2 Scott A. Russell IRI\�[W A��7 1EIK SUPERVISOR MA\, X G►]EM1EN]F SOUTHOLD TOWN HALL-P.O.Box 1179y 53095 Main Road-SOUTHOLD,NEW YORK 11971 Town of So u th o l d CHAPTER 236 - STOkMWATER MANAGEMENT REVE .RAL FORM 0 ( 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) ' � NAME: John Berg Date: .i 1/6/2 0 2 5_..� BSiyura6s�xa Contact Information: ohncdesinarchitecture.com (L•'-Mai 8lelephnneNumhel 917 328...3905 ... � �._. �. Pi-oert Address / Location of Construction Site: 645 Rosenburg Road S.C.T:M, #: 1000 East Marion, NY, 11939 -� - - � District 26 . 1 I � Section on Bock, Lot TO BE COMPLETED BY SOUTHOLD TOWN ENGINEERING DEPARTMENT ' >( Area,of Disturbance is less than I Acre. No S.P.D.E.S. Ps`rat t as Rer aired I - Project does Not Discharge to Waters of the State. No S.P.C&_E. . Per°n'rit is Reouired - Area of Disturbance is Greater than I Acre & Storm-water Runoff Discharges Directly to Waters of the State of New York. THE APPLICANT MUST OBTAIN a S.P.D.E.S. Permit DIRECTLY From N.Y.S. D_E.C. Prior to Issuance of a Building Permit. Area of Disturbance is Greater than I Acre & Storm-water Runoff Flows Through Southold O Town's MS4 Systems to Walters of the State of New York. THE APPLICANT MUST OBTAIN a S.P.D.E.S. Permit thr"ou h the Southold Town En ineeri r D rtrrrek t Prior to Issuance of a Barildin Permit.. � Date: Reviewed By: / L '�/ ��.. _� _. __. �__.w..�._.. ... _ _...... _.. BuildinLl Department AI)jAication AUTHORIZATION (Where the Applicant is not the Owner) Rocky B-Luf f LLC residing at 5 -R,o,,s.'en,,,bl,urgl,,.Rollad... (Print property owner's name) (Mailing Address) East Marion, NY, 11939 do hereby authorize (Agent) of Beir.-g I)es-i..gn Ar(.:,hitecture to apply on my behalf to the Southold Building Department. 10 30 2 4 (Owner's Signature) (Date) Richard Reisman for Rocky Bluff LLC ............ (Print Owner's Name) ^ NEWYORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Environmental Permits,Region, sUNY�Stony o.uok5*Circle Road,Stony emnx.Nvnryo p:(631)444-0365/P:(e31)*44-03e0 wvvwoeco»gnv LETTER OF NO JURISDICTION TIDAL WETLANDS ACT September 7. 2O23 Rocky Bluff LLC Richard Reisman and Dana Reed 2O East 0m8t Apt12K New York, NY10DO3 Re: AppUca1iom #1~4738-84974/0QQQ1 Rocky Bluff LLC Property —645RmsenburgRoad SCl[yN# 10Q0'21'1-2G.10^1'2 Dear Applicant: Based on the information you submitted, the Department of Environmental Conservation has determined that the portion of the referenced property located landward of the contour labeled "Top of Bluff" which exceeds ten feet above mean sea level in elevation, as shown on the survey prepared by KonnethVVhyohuk Land Surveying, last revised on 8/24/23. is beyond the �urisdictionof the A� Wetlands Therefore, in accordance vviththe current Tidal jurisdiction activities landward of that contour. Be advioed, no oonstruution, aedinnentmtion, or disturbance of any kind may take p|ono seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. |tiayour responsibility to ensure that all precautions are taken to prevent any sedimentation or disturbance within Article 25 jurisdiction which may result from your project. Such precautions may include maintaining adequate between the jurisdictional boundary and your project (i.e. o 15' wide construction onaa) or erecting a temporary fence, barrier, or berm. Please also be advised that DEC has documented the summer occurrence of the Northern Long Eared Bot (NLEB) (yWyotio septantriono|io), a species listed as "endangered" by both New York State and the US Fish &Wildlife Service, within 5 miles of the project location. We have determined that tree cutting at this location between March 1 st and November 30th of any calendar year may result in the "take" of these species within the meaning of Environmental Conservation Law (E(�L) 811-535. The term "take" is defined, in part, as the direct killing or injury of individual � erpbers of protected species, interference with critical breeding, foraging, �migratory or other essential behaviors, or the adverse modification of the species' habitat. Therefore, tm avoid m "tmke"' xxerecommend that no tree cutting activities be conducted mt the project sitebetmeen the dates of March 1and November 30ofany calendar year. Please contact the DEC Bureau of Wildlife at 631-444-0310 for additional information regarding NLEB. This letter shall remain valid unless site conditions change, *K Departmentof =.~ � qv"m.,""e`^=. �mmm�,��n � Page 1Of2 Please note that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies or local municipalities. Sincerely, / G C, Kevin Kispert Permit Administrator cc; Robert E. Herrmann BMHP File Page 2 of 2 SUFr-OLK COUNTY DEPARTMENT OFHEALTH SEPWCES) PERMIT Fop, APPROVAL OF CONSTRUCT�ON Fop A (0 &NGLE FAMILY RESDENCE" ONUY o U) cn Z DAI'E S R N R 23-1309 LJJ 0 APPP,0'V-E r FOR MAXIMUM OF C)ROOMS 06 EXPIRESTHREE YEAR$ FROM 11-D OF APPROVAL 0 C) a ob E 0 00 cu UJ YO Iq 40 R OR ALL IAOWTS INSTALLATIONS. THE HEN THE BOARD OF HEALTH/ WASTE kCTED FOR INSPECTION. ALL SEPTIC ui BE VISIBLE. so -,w Town Hall Annex Glenn Goldsmith, President , � 54375 Route 25 A.Nicholas Krupski,Vice President 7" �.°► " P.O.Box 1179 Eric Sepenoski Southold,New York 11971 Liz Gillooly Telephone(631) 765-1892 Elizabeth Peeples Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 13, 2025 En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: ROCKY BLUFF LLC 645 ROSENBURG ROAD, EAST MARION SCTM#: 1000-21-1-26.1 Dear Mr. Herrmann: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, February 12, 2025: RESOLVED, that the Southold Town Board of Trustees APPROVE the Administrative Amendment to Wetland Permit#10622, as issued August 14, 2024, to eliminate previously approved 408 sq.ft of one-story addition, and instead replace the existing 313 sq.ft screened porch with a 201 sq.ft one-story addition and 112 sq.ft. of covered entry, which together with the existing 165 sq.ft. covered entry will become a new 277 sq.ft. covered entry; and as depicted on the site plan prepared by Maresca &Associates, received on February 3, 2025, and stamped approved on February 12, 2025. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, 4&'m4y Glenn Goldsmith, President Board of Trustees I N—T--r- -ING-W.NKELL 1.RENAlN IM311 31113.1 I—MEMER E—NOT TCI EXCEED—N—QF E—NG F E—.E E-. J, DVERGI—EL——b — ——WOSEDGERE 0 ErE*H—;NG� —M'CF—EMEWP.1 sm I.—EN—E.—TE `�o—"A") �EL��LM�110 RUUI-TS FROM SP 4.RMN RNEi 25, BR� ML&sm ww 5— 1 HIGHEST EXPECTED —TED--ED @YLEFF-- —Y1—DENCI -z! .81 ZRQUNOWATER AWBCIEVEIN--!MN15W... ELEV.5.0 FROM U DEPTH FINDER • 111.1-11 EiFFl='$1 11 AGREE �NS h949° CAT14 TY -H. Sp FIN � 57' gRQU NDW ATER EUEV�-10 92 Ews SP sm D 43 'MwovTC F w CN—C.EREF—E. PF Z� --tea'! . N—WALD GEOSERNICE. co E—E.--y—L _J E V— �FE-N-FR.GU-- I-E. i TF lk GCAifYS PARE4NirN GFl SE-GE & I -4!1 lt F SWTffll VUE "'INMWG E -A % t1l —E—FILTEI UIRITHEN-Ii N,E F— EF—E—I-L z jr StEOiDRY TL.I .1—CE EXF—E— SEE-00-2 1€0 -Uj Xv z W UU), LU z w U) z ED7 t MFT NG FENCE w M, 10" cr n 0 o �0� P- NE==NT=NFoWWV`""`M 1Z ENE FE.MN—c— �i'�m I ,`" % ,Ju�,�✓�%*«�Yd ��/� ," ,�u„ a f vti�fGY Y d � N ` ry�lu,; n,u� «o rf� a,mrr a r G r7iacx eer �„ � dl I, ^ � �„ NE�11�'YAYAiiIJV'J7fll%N 9N01 d /119611«ri.11Y p 91wr�1 ,..YI�1V' 'il'flyN 1YII lY'J 'N BOARD OF SOUTHOLD TOWN TRUSTEES IN SOUTHOLD,SOUTHOLD,NEW YORK U PERMIT NO. 10622 DATE: AUGUST 14 2024 � ISSUED TO: ROCKY BLI11"F LIX c/o RICHARD REISMAN.MEMBER PROPERTY ADDRESS: 645 ROSENBURG' ROAD2 EAST MARION � SCTM# 1000-21-1-26.1 � 1 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in l' accordance with the Resolution of the Board of Trustees adapted at the meeting held on&gggt 4!QL4,and pp Conditions" „ OC 1^"B_�..,° ,.jLl Cw,�ca�aw R 1J R1J � a in consideration ofa application fee in the sum of$1 �( C) paid by �� 1�1J� t l bvlf�l,�, 1T MBE ad subject to the Terns and Conditions as stated in the Resolution,the Southold Town Q Board of Trustees authorizes and permits the following: Wetland Permit to construct onto existing two-story, single family dwelling an 18'x25.7' second-floor dormer addition with a 4.2'x23.7' roofed-over second-floor deck � (in place of 562sq.ft. portion of existing second floor,with same roof line); and a 408sq.ft. one story addition (in place of 313sq.ft. screened porch and 95sq.ft. portion of 165sq.ft. covered entry to.be removed from between dwelling 4x7nd existing shower accessory �F garage), remove exatang outdoor#hoer adnt, ll a true brick walkway and install 4.5' wide masonry walkway; relocate existing 81x12' shed more than 100' from bluff; remove conventional septic system, and install an I/A sanitary system with associated 2' high by 48' long concrete retaining wall more than r " °..' 100' from bluff; install stormwater drainage system; replace existing pervious gravel ` driveway; and establish and perpetually maintain a 10' wide vegetated non-turf buffer along the top crest of the bluff to be planted with native vegetation; all as depicted on the site plan prepared by Maresca & Associates, received on June 27, 2024, and stamped approved on August 14,2024. n l T/ ry Y 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. `' n "' r9 TERMS AND CONDITIONS The Permittee 12.(LCK ' 1 1 [ 1`C";1 1 W c/o 1 1C 1 '.r —1 :1)1�L,,I 'wl l ,1+1 1 1 (45 R—Q50b rg load, 1 ast ari�car v York as part of the consideration for the issuance of the Permit does l�°l understand and prescribe to the following: 1, That the said Board of Trustees and the Town of Southold are released from any and all damages,,or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit.,and the said Pennittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto,to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this'hermit is valid fog°a period of 36 months,which is considered to be the estimated time required to complete the work involved,but should circumstances warrant,request for an extension may be made to the Beard at a later date. 3. That this Permit should be retained indefinitely,or as long as the said Permittee wishes to maintain the structure or project involved,to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and tron-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees,the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required, upon due notice,to remove or alter this work project herein stated without expenses to the Town of Southold. 8. The Permittee is required to provide evidence that a copy of this J"rustee 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. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit,which may be subject to revoke upon failure to obtain same. 11, No right to trespass or interfere with riparian rights. This permit does not convey to the pennittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the pen-nitted work nor does it authorize the impairment of any rights,title, or interest in real or personal property held or vested in a person not a party to the permit. BOARD MEMBERS at sov Southold Town Hall Leslie Kanes Weisman,Chairperson , ;► 53095 Main Road • P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora _ce Location: Eric Dantes Town Annex/First Floor, 54375 Main Road(at Youngs Avenue) Robert Lehnert,Jr. c�ou Southold,NY 11971 Nicholas Planamento http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20,2024 ZBA FILE: #7872 -AMENDED JULY 25,2024 NAME OF APPLICANT: Rocky Bluff, LLC PROPERTY LOCATION: 645 Rosenberg Road, East Marion,NY SCTM#1000-21-1-26.1 1--44— SE 1 1 1"ERM1NATt N: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. i 81 1 TC C( tJNTY AI MINI IR .T11JE C I a This application ,,vas. referred as required under the Suffolk County Administrative Code Sections A 14-14 thru A 14-25,and the Suffolk County Department of Planning issued its reply dated January 11, 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. ,M1tt wE�I"q & 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 3, 2024. Based capon 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 CONSISTENT with LWRP policy standards and therefore CONSISTENT with the LWRP. PROPE ;I.�" . CTSAI3L .IPTION: The subject, property is a 59,582 square foot parcel (buildable area 34,633 square feet) in the Residential R-40 Zoning District consisting of lots 1000-21-1-26,1 and 21-1-1.2. The northerly property line measures 144.25 feet and is adjacent to Long Island Sound,the easterly property line measures 283.75 feet, moves easterly 45.00 feet, moves southerly 180.00 feet, moves westerly 49.24 feet and then moves southerly 66.06 feet. The southerly property line measures 31.10 feet and is adjacent to Rosenberg Road, and the westerly property line measures 322.78 feet. The property moves northwesterly 122.41 feet and then moves northerly 229.00 feet. The parcel is improved with a two-story frame dwelling„a separate one-story garage to the front of the dwelling, an 8.1 ft. by 12.1 M. stied to the west of the garage near the western property line, a wood deck from the back of the dwelling that faces seaward as shown on the survey map prepared by Kenneth M. Woychuk, LS, and last revised ,tune 24,,2023 depicting both lots 1000-21-1-26.1 and 1000-21-1-2.1 with a total area of 59,582 sq, ft. CORRECTED PROPERTY FACTS: DESCRIPTION- The subject property is a 51,032.29 square fagot parcel (buildable area.. 34,633 square feet) in the 'Residential R-40 Zoning District. The northerly property line measures 144.2:5 feet and is adjacent to Long Island Sound, the easterly property line measures 726.06 feet, the southerly property line measures 31.10 feet and is adjacent;to Rosenberg Road,and the westerly property Page 2, June 20,2024—AMENDED JULY 25,2025 #7812, Rocky Bluff,LLC SCTM No. 1000-21-1-26.1 line measures 684.52 feet. The parcel is improved with a two-story frame dwelling with an attached screened porch, a separate one-story garage to the front of the dwelling, an 8.1 ft. by 12.1 ft. shed to the west of the garage near the western property line, and a wood deck from the back of the dwelling that faces seaward all as shown on the survey map prepared by Kenneth M. Woychuk,LS,and last revised June 24,2023. BASIS f .�C�I' eIC:ATIO : Request for Variance from Article XXII, Section-116A(1)and the Building Inspector's September 11, 2023, AMENDED March 11, 2024, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single-family dwelling at; 1)proposed construction located less than the code required 100 feet from the top of the bluff,located at:645 Rosenberg Road,Bast Marion,NY, SCTM#1000- 21-1-26.1. RE.L.,I s RU UE, I BD. The applicant requests a variance to construct additions and alterations to a single-family dwelling. The proposed construction on this 59,582 square foot parcel (buildable area 34,633 square feet), which states: "All buildings or structures located on lots upon which there exists a bluff landward of the shore or beach shall be set back not fewer than 100 feet from the top of the bluff." The survey shows all of the proposed construction, a second floor deck and dormer to be within 40 feet from top of bluff. AL DlT1C)1 Al ll ll C1RMA M:, The dwelling was built in 1975 with Building Permit no. 7767Z and approved for a 40-foot setback from the top of the bluff. The Zoning Board in 2019 granted the easterly adjacent property relief to build a second story addition 37 feet from the Bluff(Case #7301). Case #4090 was granted in 1992 for a. 58-foot Bluff setback for additions to a dwelling 28 feet from the Bluff on the westerly adjacent property. Additionally,relief was granted in 1988 for a deck addition located 30 feet from the Bluff two properties to the east (Case #3737). Both neighbors to the east and west wrote letter to the Board approving of the proposed changes proposed by the applicant. In email correspondence dated June 24,2024,the applicant's representative requested that this determination be corrected to reflect only a single parcel, SCTM No. 1000-21-1-26.1 to be improved. He explained that in his March 18, 2024, correspondence submitted with a revised variance application, the applicant decided to significantly downscale the scope of the proposed renovations and,as stated in his letter,abandon the r"o osed lot merger altogether, without prejudice. Accordingly, the revised Notice of Disapproval, last dated March 11, 2024, also eliminated the requirement for variance relief for the lot merger. Therefore, the applicant is requesting that Condition#5 be removed from the decision accordingly. At the July 25 2024 Special Meeting, the Board members voted unanimously to strike Condition#5 from the original decision. I I I NC_SO L A `r/ I. .B�1 QN_$...1 eg _KA A "1 IC I.M The Zoning Board of Appeals held a public hearing on this application on:lune 6,2024 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-W)(b)a Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed additions will be constructed within the existing footprint and the project will maintain the same permitted/legally preexisting bluff setbacks with no additional encroachments. The other proposed additions and alterations are farther Iron the Buff on the landward side of the dwelling. As previous mentioned this Board has granted variances to several neighbors in the community, The proposed construction will not encroach fuilher toward the Bluff and will remain within the existing footprint. Many of the existing homes in this waterfront community were built before the code was changed to now require structures 100 feet setback from the top of the bluff. Page 3,June 20,2024—AMENDED DULY 25,2025 #7872, Rocky Bluff,LLC SCTM No. 1000-21-1-26.1 2. Town Law "267-b 3 b 2 . The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The Bluff setback is required for the proposed renovations that would create a waterside primary bedroom suite on the ground floor and a renovated waterside guestroom on the second floor. New windows,HVAC,kitchen,laundry and baths and a balcony on the second floor. Accordingly, the dwelling was permitted to be built in 1975 within the 100 feet setback from the top of the bluff. 3. Town Law 267-b 3 b 3 , The variance granted herein is mathematically substantial, representing 60% relief from the code.However,the proposed additions and alterations will not encroach beyond the existing top of the bluff, and the dwelling was approved in 1975, prior to the existing Town Code which is now more restrictive when constructing improvements landward of the top of the bluff. 4. Town Law 4267-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. Currently the Bluff is well vegetated and appears to be stable. All construction would occur well outside the Coastal Erosion Hazard Area. The applicant has proposed to replace the old septic system with a new Suffolk County Health Department approved I/A Innovative and Alternative Onsite Wastewater Treatment System. The applicant will also protect the Bluff by planting a 10-foot wide vegetated non-turf buffer with native plantings along the top of the Bluff. The applicant will install a stormwater drainage system designed to capture and recharge runoff from the renovated dwelling and the greywater from the proposed outdoor shower. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law °267-1a 3 b 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. Tow- �n Law 42 7-b Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations to the existing dwelling while preserving and protecting the character of the neighborhood and health, safety and welfare of the community. R.ESOL,I�TIONS C1 w:._" �-�.I 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 Weisman(Chairperson),seconded by Member Lehnert, and duly carried,to GRANT the variance as applied for and shown on the Engineered Plans (entitled Sheet S-1, I/A OWTS Design) prepared by Katherine Maresca, LPE, last revised March 18, 2024, and Architectural Plans (Sheets A01 thru A06 and A13 thru A15)prepared by John Raoul Berg, R.A., last revised March 18, 2024. SI. BJEC T TO THE FOLLOWING CONDITIONS: Amended to remove Condition No. 5 1. The septic system on'the subject property must be approved by the Suffolk County Department of Health Services for a new Innovative and Alternative Onsite Wastewater Treatment System(I/A OWTS). 2. A 10 foot wide non-turf buffer located landward of the top of the bluff shall be planted with native drought tolerant plants. 3. A stormwater drainage system,consistent with Chapter 236 of the Town's Storm Water Management Code, shall be installed. 4. Applicant shall receive a Wetlands Permit from the Southold Town Board of Trustees. dwelling. Page 4, June 20,2024—AMENDED DULY 25,2025 #7872, Rocky Bluff,LLC SCTM No. 1000-21-1-26.1 This approval shall trot be deemed effective until the required conditions have been inet.At the discretion of the Board of Appeal,,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 APPROVALS GRANTED HEREIN Please Read C.°,arefull 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 perinit and/or the issuance of a Mop Work irderw,and may require a new application and public bearing 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 toning 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 I$1MI'I"S 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. TT IS THE PROPER I'Y OWNER'S RESPONSIBILITY TO ENSIIRE COMPLIANCE WII lI I'IIE CODE RE IlIRE11 TIME FRAME DESCRIBED HEREIN.Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy,nullify the approved variance relief,and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Planamento,Acampora and Lehnert. (5-0) 1� .. a _.., �.-. ........._ Leslie Kanes Weisman,".hairperson Approved for filing ? /,t,, /2024 AMENDED DECISION JULY 25, 2025 EY%160L8 LEGEND = 4 2024 �' a. er,pR 2 E— L ] p• _ - _ ZONING6 OAS OF p 3 I g e F7 F- -1 � f gftmP g E _ r l = I s 13 { IL REED/REISMAN RESIDENCE AO ARCHITECTURE URE fiF�9ROADlVAY azure as c wwaK raoFz 645 ROSENBURG ROAD,EAST MARION,NEW YORK 11939 �+ - NOT FOR CONSTRUCTION ` ,�, -� RECEIVED k 2 d 2024 .�Ek S'�!hG PCRfY EiE':AFGN �EXiS?LtiG E&4T EEs-VAh34 ZONING BOARD OF APPEALS 00715 I lag Ems a 3 � c s .�n 3 lad - {.�' _ ,, - - - '.. ° ID - e B . a - 's1'G EtiItSSN(a SFCiON 7 EXI:i�G&bl:iF{i LEGr;G,ti iG�&ili GJv"G SEG.ON 81 BERGDESIGN REED/REISMAN RESIDENCE Ew,s EEU TC45 9 €s A 0^ £ ARCHITECTURE ' -_ - _... 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