HomeMy WebLinkAbout47636-Z t µ TOWN OF SOUTHOLD
F
�vk BUILDING DEPARTMENT
k3 TOWN CLERK'S OFFICE
SOUTHOLD, NY
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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#: 47636 Date: 4/1/2022
Permission is hereby granted to:
Vasilakis, Florence
10 Babcock PI ____ �.�.�._ ..
_.__w___w___
Lynbrook, NY 11563___......... _wwww._wwww..............._._..........._............................................................................................... . �
To: construct accessory in-ground swimming pool as applied for per Trustees & ZBA
approvals.
At premises located at:
21625 Soundview Ave Southold
SCTM # 473889
Sec/Block/Lot# 135.-1-6
Pursuant to application dated 3/31/2022 and approved by the Building Inspector.
To expire on 10/1/2023.
Fees:
SWIMMING POOLS -IN-GROUND WITH FENCE ENCLOSURE $250.00
CO - SWIMMING POOL $50.00
Total: $300.00
B `ding Inspector
v �$0r _ TOWN OF SOUTHOLD—BUILDING DEPARTMENT
Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959
r Telephone (631) 765-1802 Fax(631) 765-9502 lett �1;:/1w 'w S �Itholdton .
Xov
Date Received
BUILDINGAPPLICATION FOR
For Office Use Only
PERMIT NO. Building Inspector:
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:
,31
OUW'NER(S OF P OPERTY:
Name: SCTM#1000-
rc
Project Address: Z
... ( kjbf'i�-zJ 7 UE - ,
Phone#: �_ Z9 ._ (4. Email:
Mailing Address: ��n �
CONTACT PERSON:
Name:
Mailing Address: � ,Ili T/TttC-C
Phone#: �_Z _ �. ._m Email: L Z 6-0 r-`� LL Cott-(-t cwr- .
DESIGN PROFESSIONAL INFORMATION:
Name:
Mailing Address:
Phone#: Email:
CONTRACTOR INFORMATION:
Name:
Mailing Address: " OQ (� A 6
Phone#: r�
�d-°" Email:
DESCRIPTION OF PROPOSED CONSTRUCTION
❑New Structure ❑Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project:
Wither 86--ed 1
$
Will the lot be re-graded? ❑Yes PNo Will excess fill be removed from premises? (es ONO
1
^ PROPERTY BNFORMATioN
Existing use of property:
Intended use of property; a
f C_
Zone or use distrix in which remises is situated: Are there any covenants and restrictions wQ IJr 4 / IT
p lih respect to
this property? -Yes T--No IF YES,PROVIDE A COPY. 4
l " n Pp rt ti a�r/t � ca nal b r aryamu+s4*for 80 d raved warm� ea asprjvvW 4 by
chapter d o"C?oa Qui.aWtt �4�S&k PQ�Ri♦il DE to asaWd� lana for naau a
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1 raarn M NEaw fork and otkaar Laws,Older or for tQA�r�an of dNa ktm
a 4=ns , $Caf�orfaQttlgM14YMCd'tC�p oyryaa�d 7a p a� lka
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%) Application Submitted By(print nre)j ""11' i f ' 1. EL [ Authorized Agent !]Owner
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Signature of Applicant: Date:, —ZcLZ
fl
STATE OF NEW YORK)
SS:
COUNTY 0F,
C h. � being duly sworn,deposes and says
(Name of individual signing contract)above named, p ys that(s)he is the applicant
(S)he is the -70—lel
(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
dayofKA(L(-(_V�
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ty
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ALEXUS"iA BI i 'R
Notary Public-State of lQlw York
"d" $ R (f i ( ( i( N0.01BI64IS61
Qualified in Suffolk unty
(Where the applicant is not the owner) My Commission Expfres 22,202
residIng at
ms:µ
do hereby authorize A % -7,y IZ=r r„ i",c;z Ly . („ c ;,
to apply on
m beha f o t e Town f outhold Building Department for approval as descri ed herein,
is Sign d` Date
Prin Owners N me
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V
BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD, NEW YORK
a
"
J PERMIT NO. 10100 DATE: MARCH 1G 2022 a
ISSUED TO: FLORENCE VASILAKIS,ALEXANDER V'AI^LAF:IS
y .DEM�ETRIOS VA
SI�LAKIS
PROPERTY ADDRESS: 2162; SOUNDYIEW AVENUE SOUTHOLD
SCTI 10001000
I
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 Mare h16 2022,and in
consideration of application fee in the sum of 25-1.0-0 paid by Florence Vasitakiset al and subject to the Terms
and Conditions as stated in the Resolution,, the Southold Town Board of Trustees authorizes and permits the
following:
r
Wetland Permit to install an in round gaol 1 x26 with� � r
� �� ' pool fence�rumm�8 85' ling feet
parallel to top"of bluff"from westerly property line;to the easterly side of the proposed patio);
establish and perpetually maintain a 10'wide non turf buffer landward of top of bluff, replace
existing 18'x18'wood deck with 18'x:18' block patio on grade matching existing westerly patio; �
t ,.
drywells for pool and^patio,as required;and as depicted on the survey prepared by Nathan
Taft Corwin III Land Surveyor, , ,anstamped approved last dated March 2022d °ved on March 16
p
2022.
^i
IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these a
y presents to be subscribed by a majority of the said Board as of the 16th day of March,2022.
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TERMS AND CONDITIONS
The Permitteelµlor silaki5, t al,,,x is ligwat 21625 Soundview Ave. Southold York
as part of the consideration for the issuance of the Permit does understand and prescribe to the
following:
I 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 Permittee 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 Permit is valid for a period of 24 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 Board 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 non-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 Trustee permit has been
recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to
the deed of the subject parcel. Such evidence shall be provided within ninety(90)calendar
days of issuance of this permit.
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
permittee any right to trespass upon the lands or interfere with the riparian rights of others in
order to perform the permitted 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.
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BOARD OF
PREPARED IN ACCORDANCE WITH THE MINIMUM
STANDARDS FOR TILE SURVEYS AS ESTABLISHED
BY THE L.I.A.L.S. AND APPROVED AND ADOPTED
FOR SUCH USE BY THE NEW YORK STATE LAND
TITLE ASSOCIATION.
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N.Y,S, Lic. No. 50467
UNAUTHORIZED ALTERATION OR ADDITION
TO THIS SURVEY IS A VIOLATION OF
SECTION 7209 OF THE NEW YORK STATE
EDUCATION LAW.
COPIES OF THIS SURVEY MAP NOT BEARING UngAth '"e" n Ta Corwin III
THE LAND SURVEYOR'S INKED SEAL OR ��� � � ���
EMBOSSED SEAL SHALL NOT BE CONSIDERED
TO BE A VALID TRUE COPY.
CERTIFICATIONS INDICATED HEREON S14ALL RUN
ONLY TO THE PERSON FOR WHOM THE SURVEY
IS PREPARED, AND ON HIS BEHALF TO THE
TITLE COMPANY, GOVERNMENTAL.AGENCY AND
LENDING IN ON LISTED HEREON. AND Title Surveys - Subdivisions - Site Plans - Construction Layout
TO THE ASSIGNEES OF THE LENDING INSTI-
TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. PHONE (631)727-2090 Fax (631)727-1727
THE EXISTENCE OF RIGHTS OF WAY OFFICES LOCATED AT MAILING ADDRESS
AND/OR EASEMENTS OF RECORD, IF 1586 Main Road P.O. Box 1931
ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Riverhead, New York 11901-0965
SURVEY OF PROPERTY
SITUATE
S OUTHOLD
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000- 135-01 -06
SCALE 1 "=20'
JUNE 23, 2009
MARCH 12, 2019 ADD PROPOSED POOL
SEPTEMBER 17, 2019 UPDATE SURVEY
JULY 26, 2021 ADD DRYWELLS
MARCH 4, 2022 ADD POOL FENCE
MARCH 9, 2022 ADD ADDITIONAL NOTES
AREA = 28,516 sq. ft.
(TO BULKHEAD) 0.655 ac.
LATHAM
SAND 6 GRAVEL, INC.
35180 Route 48 P.O.Box 608.Peconic,NY 11958
Office(631)734-6800.FAX(631)734-2318
August 25,2020
Patricia Moore,Esq.
51020 Main Road
Southold,NY 11971
Re: Roof Drainage—Vasilalds residence,21625 Soundview Ave.,Southold
Drvwell Certification
Drainage Calculations: Roof coverage area x rainfall x runoff coeff.
2,600sf x 2/12ft x 1.0 = 433.4 cu.ft.
Use(1) 10'diameter x 8'deep pool(547.6 cu.ft each)
Provided(547.6 cu.ft)>Required(433.4 cu.ft)
On September 20,2017,I oversaw the installation of the roof drainage system for the
Vasilakis residence located at#21625 Soundview Avenue, Southold. Installed was one
drywell I O'diameter x 8'deep. The drywell was later piped to the house downspouts on
5/4/18. See drawing on the back of this page.
Respectfully submitted,
Ile Z � .
John D.Hocker,P.E.
Vice President
Marine Construction+ Dredging•Precast Cesspools•Gravel a Fill«Topsoil•Excavating and Land Development
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BOARD MEMBERS 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 RECEIVED
ZONING BOARD OF APPEALS of '6" (9 12.I`l P V,-,
TOWN OF SOUTHOLD DEC 2 6 201
Tel.(631)765-1809-Fax(631)765-9064 M
FINDINGS,DELIBERATIONS AND DETE old Towyn Clerk
MEETING OF DECEMBER 19,2019
ZBA FILE: 7304
NAME OF APPLICANT: Florence Vasilakis, Alexander Vasilakis and Demetrios Vasilakis
PROPERTY LOCATION: 21625 Soundview Avenue, Southold,NY SCTM#1000-135-1-6
SEQF.6 DETE ATIQ 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.
This application was referred as required under the Suffolk
County Administrative Code Sections A 14-14 thru A14-25, and the Suffolk County Department of Planning
issued its reply dated April 10, 2019 stating that this application is considered a matter for local determination as
there appears to be no significant county-wide or inter-community impact.
D T I, TION: This application was referred for review under Chapter 268, Waterfront Consistency
review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards, The LWRP Coordinator issued a recommendation dated July 30, 2019. Based upon the information
provided on the LWRP Consistency Assessment Form submitted as the records available, it is recommended that
the proposed action is INCONSISTENT pursuant to Policy 4.1 which seeks to minimize any potential loss from
flooding and erosion hazards in proximity to Coastal Hazard Areas. The LWRP Coordinator further informs the
Board that in 2009,the Board of Trustees issued a permit(7178) for a replacement seawall and stone armoring due
to wash-outs and erosion of the bluff as a result of storm damage, and that historical storm events have eroded land
areas in this stretch of coastline at accelerated rates resulting in repeated property damage. The swimming pool
placement in this vulnerable area, located 65 feet from the top of the bluff, is highly susceptible,
However, with the conditions imposed herein, adverse environmental impacts will be mitigated and therefore the
Board finds the application consistent with the LWRP.
SOIL .AND WATER CONa E VATION DISTRICT, At the request of the Board a site visit was conducted on
May 22, 2019 with a review and evaluation issued on May 30, 2019 relating to the subject parcel. It was noticed
that the yard landward of the bluff was recently planted with turf grasses. The yard gently slopes away from the
bluff. The bluff has recently been regraded, vegetated, and a new bulkhead installed. The selected grasses are
appropriate for stabilization. As the vegetation continues to establish this portion of the bluff continue to stabilize,
however the neighboring parcel to the East has not yet remediated issues and the adjacent parcels are bare and
currently eroding. Based on observations and considerations of the topography during site evaluation, there are no
concerns regarding the bulkhead. Also noted was the sprinkler system at the top of the bluff causing concentrated
Page 2,December 19,2019
03'04,Vasilakis
SCTM No. 1000-135-1-6
flow and gully erosion as excess water is cresting over the bluff. The sprinklers at the top of the bluff should be
eliminated, adjusted, or changed to eliminate any water cresting over the bluff. Additionally, there appears to be a
damaged underground irrigation pipe in the front yard evident by ponding which can lead to greater issues. The
proposed Iocation for the pool is gently sloping away from the bluff face in the rear yard. The site plans for the
proposed pool do not include any considerations for the pool accessories or backwash/overflow, It is customary
practice to install a drywell dedicated for the pool for instances of occasional drainage for maintenance and
overflow. Not having proper means to capture pool water can cause issues to the foundation of the dwelling due to
the close proximity and cause lateral seepage to the bluff face. Similarly, drywells for rooftop runoff from the
dwelling were not evident at the time of inspection.
PROPERTY 'ACTS BS, N. The subject property is a nonconforming 29,563 sq. ft.parcel located in the
Residential R-40 District. The northerly property line measures 83.63 and dips southerly 54.23 feet totaling 221.49
feet along the high water mark along the Long Island Sound, the easterly property line measures 193.59 feet, the
southerly property line measures 173.08 feet and runs adjacent to Sound View Avenue and the westerly property
line measures 154.51 feet and then juts northwest 53.93 feet totaling 367.95 feet. The property is improved with a
two-story wood framed dwelling and two existing wood decks and patios on both sides of the residence to the west
and to the east side in the rear yard. There is a concrete and stone barbeque located on the east side of the property
along with a wood framed shed (12.3 feet by x 12.3 feet) also on the east side of the property located 8.9 ft. from
the easterly property Iine. All as shown on the survey map prepared by Nathan Taft Corwin, III, LS, last updated
March 12,2019.
BASIa QE APELICATION: Request for Variance from Article III, Sections 288-15, Article XXII, Section 280-
116A(1) and the Building Inspector's February 11, 2019, Amended March 14, 2019 Notice of Disapproval based
on the application to construct an accessory swimming pool; at 1) located in other than the code perntitted rear
yard;2) located less than the code required 100 feet from the top of the bluff; located at 21625 Soundview Avenue,
(Adj.to the Long Island Sound)Southold,NY, S M#1000-135-1-6.
UUEF RF I: ES D: The applicant requests a variance to construct an accessory in-ground swimming pool.
The proposed construction, on this nonconforming 29,563 sq. ft. parcel in the Residential R-40, is not permitted
pursuant to Article XXII Section 280-116A(1), which states: "All buildings or structures located on lots upon
which there exists a bluff landward of the shore or beach shall be set back not fewer than 100 feet from the top of
the bluff. The survey shows the proposed construction at 65 to 71 feet from the top of the bluff. Furthermore,the
swimming pool is not permitted pursuant to Article III, Section 280-15, which states accessory building and
structures shall be located in the required in rear yard, or in case of a waterfront parcel, accessory buildings and
structures may be located in the front yard, provided that such buildings and structures meet the fi•ont yard setback
requirements. The swimming pool is proposed to be located in the side yard.
ADD1T1ONAL IFO ATI N: During the first Public Hearing the applicant was asked if he could relocate the
proposed swimming pool to a location with more conformity to the code required bluff setback. The applicant
stated that the reason for the location of the proposed swimming pool was to center the pool in between the two
patios in the rear yard so the children using the pool could be safely monitored from both of the two residential
units in this legally existing two-family dwelling. residences. Because of discrepancies in the Building Department
records, it was unclear whether the two-family dwelling was legal. On November 22, 2019, the Town's Building
Inspector inspected the site and informed the Board that, in fact, the structure is a legal two-family dwelling. The
Building Department's reasoning for determining that the pool is located in the side yard is because of its proposed
placement in relation to the existing patios which are considered part of the dwelling.
P4ge 3,Di-,ceniber 19,2019
#7364,Vasilakis
SCTM No. 1000-135-1-6
FaMINGS QF FAC /REASONS FOR BOARD ACTT N:
The Zoning Board of Appeals held a public hearing on this application on December 5,2019 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 6262-b(3)(b)(1) Grant of the variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The existing house predates the existing code that requires
that a structure be located with a 100 ft, setback from the top of the bluff, The house was constructed 106 feet to
the bulkhead when it was then zoned. A new bulkhead was installed in 2018. Sound front pools are common in
this area. The adjoining properties are setback closer to the bluff than the subject property and the Board has
granted a number of variances along Soundview Avenue.
2. :[2wn Law 4267-b(3)(b)(2 . The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue, other than an area variance. As previously stated, the applicant prefers that the pool be
centrally located between the two existing patios in the waterside rear yard in order to safely monitor the children
and to create equal access for both units within the existing two-family dwelling.
3. Town Law 4262-b(3)(h)Q), The variance grartted herein is mathematically substantial,representing 35%relief
fro;n—the code for the distance from the top of the bluff, and 100% relief from the code for the side yard location.
However, the "technical" side yard location is in actuality a rear yard location and the proposed pool will not be
seen from the street. Additionally, there are other non-conforming bluff setbacks along Soundview that are closer
to the bluff than the distance being proposed by the applicant.
4. Town L 4267-bQ)N(4). No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood. The
applicant must comply with Chapter 236 of the Town's Storm Water Management Code and the conditions
imposed herein will mitigate any adverse impact to the bluff.
5. Town Law §267-bQ)(b)(QThe diffculty has been self-created. The applicant purchased the parcel after the
_ . i
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. lown Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a swimming pool while preserving and protecting the character of the
neighborhood and the health,safety and welfare of the community.
RESQUITION OF T14F BQARD: In considering all of the above factors and applying the balancing test under
New York To Law 267-13, motion was offered by Member Acampora, seconded by Member Planamento, and
duly carried, to
GRANT the variances as applied for, and shown on the survey map prepared by Nathan Taft Corwin, 111, and
dated March 12, 2019.
SUBJECT
1. Swimming Pool mechanicals shall be placed in a sound deadening enclosure.
2. A drywell for pool de-watering and capturing roof runoff shall be installed.
Page 4,December 19,2019
#1.7304„Vasilakis
SCTM No. 1000-135-1-6
3. The applicant shall establish stormwater run-off and erosion controls as described in the Suffolk
County Soil and Water Conservation District correspondence of May 30,2019,which consist of
a) Adjustment or removal of the sprinkler system to do no further harm to the top of the bluff;
b) Remediation relating to the damaged underground irrigation pipe in the front yard where
ponding occurs.
c) Installation of drywells to capture all roof and stormwater runoff,if not already installed.
4. The applicant shall submit a survey showing the location of the installed drywell(s)for pool
dewatering and roof runoff and the location of the pool mechanicals
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays
and/or a possible denial by the Building Department of a building permit, and may require a new application and
public hearing before the Zoning Board of Appeals.
Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey
cited above, such as alterations, extensions, or demolitions, are not authorized under this application when
involving nonconformities under the zoning code. This action does not authorize or condone any current or future
use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject
to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to
comply therewith will render this approval null and void.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does
not increase the degree of nonconformity.
Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the
Board of Appeals shall become null and void where a Certificate of Occupancy has not been
procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three
(3)years from the date such variance was granted. The Board of Appeals may, upon written
request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one
(1)year terms.
Vote of the Board: Ayes: Members Weisman(Chairperson),Acampora,Planamento and Lehnert. (4-0)(Member
Dantes absent)
Leslie Kanes Weisman, Chairperson
Approved for filing /d 10-3 /2019
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