The URL can be used to link to this page

Home My WebLink About7723 ch eco 'SoLut'-k JY. clreempb�� O-A access 6vll In-911-0ovj SWI Y-n 'o-S 6QI Lo Ovi) o-ol O-f -fbf or �io(F te UOS bul 14-1 aaeEo eked (044 "ll Wpvo� sob 4z C,i, ? Owner: Stratakis, Christ File #: 7723 Address: 800 Sound Dr Code: 13ED Agent Info Patricia C. Moore 51020 Main Rd Southold, NY 11971 Phone: 631-765-4330 Fax: 631-765-4643 Email: pcmoore@morreattys.com P-9 �jd �d2.0062s ' BOARD MEMBERS S® Southold Town Hall Leslie Kanes Weisman, Chairperson �® � 53095 Main Road• P.O. Box 1179 Patricia Acampora ® ®�® Southold,NY 11971-0959 Eric Dantesit Office Location: Robert Lehnert Jr. Town Annex/First Floor ® 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��C®U Southold,NY 11971 http:Hsoutholdtownny.gov RECEIVE ZONING BOARD OF APPEALS Qr 6 It ofvv,— TOWN OF SOUTHOLD �` UP Tel. (631) 765-1809 2 1 2023 40L'itold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 16, 2023 ZBA FILE: #7723 NAME OF APPLICANT: Chris and Mary Stratakis PROPERTY LOCATION: 800 Sound Drive, Greenport,NY SCTM# 1000-33-4-5 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County.Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated October 11,2022 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated January 23, 2023. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available, it is recommended that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. However, if the pool is pushed further landward from the bluff and some of the decking is removed the applicant could established an 80-foot bluff setback for the pool and build the pool while maintaining a code conforming lot coverage of 20% thereby bringing the proposed improvements into conformity with the LWRP. However,with the conditions imposed herein for alternative relief the Board now finds the proposed action CONSISTENT with the LWRP PROPERTY FACTS/DESCRIPTION: The parcel is a non-conforming 33,114 square foot waterfront parcel located in an R-40 zoning district. The parcel has 19,794 square feet of buildable lot area. The parcel pins 105.36 feet of bluff frontage along Long Island Sound, and runs 101.68 feet along Sound Drive. It runs 338.67 feet on the west side and 323.61 feet on the east side. The parcel is improved with a 2-story frame house and garage, an existing raised deck, a set of wood stairs with landing and shed on the bluff face,boulders on bluff face, and a stone retaning wall in the front yard. All is shown on a survey prepared by Donald J.Metzger L.L.S., last revised February 1,2023. BASIS OF APPLICATION: Request for Variances from Article XXII, Section 280-116A(1);Article XXIII, Section 280-124; and the Building Inspector's July 20, 2022 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and to legalize two "as built" accessory decks with sheds; at; 1) swimming pool located less than the code required 100 feet from the top of the bluff, 2) "as built" accessory deck Page 2,February 16,2023 97723, Stratakis SCTM No. 1000-33-4-5 located in a non-permitted location seaward of the top of the bluff; 3)"as built accessory shed with deck located in a non-permitted location seaward of the top of the bluff; 4) construction more than the code permitted maximum lot coverage of 20%; located at: 800 Sound Drive(Adj. to Long Island Sound), Greenport,NY. SCTM No. 1000-33-4- 5. RELIEF REQUESTED: The applicant requests variances to construct an accessory swimming pool located 62 feet from the top of the bluff where town code requires a minimum 100-foot bluff setback. The applicant also requests to legalize two as-built decks and an as-built shed located seaward of the bluff. The proposed improvements will result in a requested lot coverage of 23.4%where town code permits a maximum allowable lot coverage of 20%. AMENDED APPLICATION: During the public hearing of February 2.2023,the applicant,submitted a survey dated Feb 01,2023 by Donald J.Metzger,LLS increasing the swimming pool setback to 70.1 feet and reducing lot coverage to 23.3%therefore bringing the plan into more conformity with the codes. ADDITIONAL INFORMATION: The applicant's agent presented three(3)prior Zoning Board of Appeals decisions regarding setback relief for swimming pools from the top of the bluff. ZBA appeal#3502 in 1986 granting the house pool and decks 65 feet from the top of the bluff. ZBA appeal#3507 in 1986 approving a swimming pool at 50 feet from the top of the bluff, and ZBA appeal #5523 in 2004 approving a swimming pool at 80 feet from the top of the bluff. The two variances granted in 1986 were granted prior to extreme weather events such as Super Storm Sandy and prior to the documented costal erosion on this parcel documented in Southold Town Trustees Coastal Erosion Management permit #4039 dated May 29, 1992 and coastal erosion management Permit 44420 dated March 30, 1995. The Coastal Erosion Management Permit did approve a small shed and stairway system down the face of the bluff. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 2, 2023 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(0. Grant of alternative relief for a swimming pool bluff setback of 80 feet will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is a waterfront neighborhood consisting of single-family homes with staircases down the bluff to the Sound beach. Swimming pools are characteristic in this of residential neighborhoods. Stairs and handrails down bluffs are characteristic of neighborhoods on the Long Island Sound. 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. Due to the location of the house and the front yard driveway the applicant could not build a swimming pool in a conforming front or rear yard without variance relief. However, the applicant is able to build a swimming pool without relief from the town's maximum lot coverage requirements. The applicant cannot build a structure seaward of the top of the bluff without variance relief. 3. Town Law V67-b(3)N(3). The variance for alternative relief granted herein for the bluff setback is mathematically substantial,representing 20%relief from the code. However,there is not a practical code conforming location for the applicant to build a swimming pool. The variance granted herein for the negative bluff setback for the decks and shed which are seaward of the bluff is substantial representing over 100% relief from the code. However, there is an active coastal erosion management permit approving some parts of those structures. The variance denied herein for lot coverage is substantial representing 15%relief from the code. Page 3, February 16,2023 #7723, Stratakis SCTM No. 1000-33-4-5 4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6.Town Law 4267-b. Granting of the alternative relief for an 80-foot bluff setback is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a swimming while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Granting the requested relief for the non- conforming lot coverage is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a swimming pool. Granting of requested relief for the decks and shed, so long as it complies with the Coastal Erosion Management permit#4420 is the minimum action necessary for the applicant to enjoy the benefit of the decks and shed while preserving and protecting the character of the neighborhood. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dantes, seconded by Member Weisman(Chairperson),and duly carried, to GRANT alternative relief for the swimming pool setback of 80 feet from the top of the bluff, and GRANT alternative relief for the structures seaward of the bluff so long as they comply with the specifications in Southold Town Board of Trustees Coastal Erosion Hazard Permit 44420. And to DENY relief for the non-conforming lot coverage as applied for. Before applying for a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final, survey, conforming to the alternative relief granted herein and showing a maximum lot coverage of 20%. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant must make an application to the Southold Town Board of Trustees to verify that the structures seaward of the top of the bluff conform to Trustees Coastal Erosion Management Permit 44420. 2. The applicant must apply to the Southold Town Board of Trustees for approval to construct the swimming pool 80 feet from the top of the bluff. 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 set back that is in conformance with the bulk schedule for accessory structures. 4. Drywell for pool de watering shall be installed. 5. The applicant must apply to the Building Department for a building permit for the "as built" improvement(s)within 90 days of the date of this decision and submit same to the Office of the Zoning Board of Appeals, or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a building permit in the time allotted. 6. The applicant must obtain a Certificate of Occupancy from the Building Department for the "as built" improvement(s)and submit same to the Office of the Zoning Board of Appeals within 12 months of this decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s) why the applicant was unable to obtain a Certificate of occupancy in the time allotted. Page 4, February 16,2023 #7723,Stratakis SCTM No. 1000-33-4-5 7. The "as built" improvement(s)may not be used until a Certificate of Occupancy has been obtained This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. The Board reserves the right to substitute a similar design,that is de minimis in nature for an alteration that does not increase the degree of nonconformity. IMPORTANT LIMITS ON THE APPROVALS) GRANTED HEREIN Please Read Carefully Any deviation from the survey,site plan and/or architectural drawings cited in this decision, or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)grantedherein as shown on the architectural drawings,siteplan and/or survey cited above, such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. TIME LIMITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson), Acampora, Dantes,Lehnert, and Planamento(5-0). Leslie Kanes Weisman, Chairperson Approved for filing / /� /2023 )_A- 7-) SUF�®L� Town Hall Annex 53095 Route 25,Main Road P.O.Box 1179 ® =6 Southold,NY 11971 � Telephone(631)765-1809 20 Fax(631)765-9064 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM To: Amanda Nunemaker Building Permits Examiner C From: Leslie Weisman, Ch ' pers t Date: April 21, 2025 RE: ZBA#7723, Stratakis, 800 Sound Drive, Greenport Pursuant to your request for the Board of Appeals approval to issue a building permit to the above subject property owner, the Board has determined, since the Southold Town Board of Trustees granted a Certificate of Compliance for an"as built" shed located seaward of the top of the bluff that was not in compliance with their Wetland Permit#4420,that Condition#1 of the ZBA Board's determination has been met to the satisfaction of the Zoning Board of Appeals. Therefore, a building permit/Certificate of Occupancy may issue for subject structure. Receivd 51020 MAIN ROAD APR 0 2 2925 SOUTHOLD NY 11971 Zoning Board of Appeals 631.765.4330SA QQ lop'dly kci 0 Vo .� 7-7a:3 � s PATRICIA C.MOORE YJ ltit�cG'I G(�/J �0`f �iZ�l Ci7 s. -�2-2 COMMENT: �T � � , - ibqz a4,L01 sAt arc ,-4 cai,-LUL21 1S5kLj �,� L- a3 •�z�ort-gmEs• � � 1. THE ARCHITECT SHALL NOT BE RESPONSIBLE FOR THE SUPERVISION OF CONSTRUCTION.THE ARCHITECT AND/OR HIS AGENT SHALL BE ALLOWED 143A ACCESS TO THE CONSTRUCTION SITE. 1. THE SCOPE OF DEMOLITION WORK HAS BEEN GENERALLY INDICATED ON THE DRAWINGS VINCENT GENIC ARCHITECT 2. NO CHANGES SHALL BE MADE TO THESE DRAWINGS ACCEPTAS PER N.Y.S.LAW CHAPTER 987.ANY CHANGES TO THE PLANS MUST BE APPROVED FOR THE G.C'&INFORMATION.THE G.0 IS RESPONSIBLE TO DETERMINE THE FULL SCOPE. BY THE ARCHITECT.ANY SUCH CHANGES SHALL BE FILED WITH THE BUILDING DEPARTMENTAND AMENDED TO THE ORIGINAL BUILDING PERMIT.ANY Po Box 9Z Southold NY 11971 MODIFICATION OR REPRODUCTION OF THESE PLANS OR SPECIFICATIONS FOR USE OTHER THAN THE INTENDED PROJECT IS STRICTLY FORBIDDEN 2. THE G.0 AND HIS SUBCONTRACTORS SHALL COMPLY WITH ALL LAWS,ORDINANCES AND LIST OF DRAWINGS: g""",; ; 1 WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE ARCHITECT. REGULATIONS BEARING ON THE SCOPE OF THE WORK 3. THE G.C.AND HIS SUB-CONTRACTORS ARE NOT TO SCALE DRAWINGS.ALL WRITTEN DIMENSIONS SHALL TAKE PREFERENCE OVER ALL SCALED 3. THE G.0 SHALL FURNISH ALL LABOR,MATERIALS AND EQUIPMENTAS REQUIRED TO Issued/Revision DIMENSIONS.ALL LARGE SCALE DRAWINGS,PLANS,SECTIONS,ELEVATIONS AND DETAILS WILL TAKE PRECEDENCE OVER SMALL SCALE DRAWINGS, COMPLETE THE DEMOLITION AND REMOVAL OF ALL ITEMS SHOWN ON DRAWINGS. T 100 GENERAL NOTES PLANS,SECTIONS,ELEVATIONS,AND DETAILS. 4. ALL ITEMS INDICATED WITHIN THIS SET OF DRAWINGS SHALL BE REMOVED,AND DISPOSED 03/14/2025 BD SUBMISSION 4-7 NOT USED. OF.THIS INCLUDES,BUT IS NOT LIMITED TO PLUMBING FIXTURES,LIGHTING FIXTURES, DEMO-100 DEMOLITION DECK PLAN ACCESSORIES,PANTRY CABINETS,APPLIANCES,DOOR FRAMES,DOOR HARDWARE,ETC. 8. ALL ORIGINAL CONSTRUCTION DOCUMENTS,PHOTOGRAPHS,SKETCHES AND ESTIMATES SHALL REMAIN THE PROPERTY OF THE ARCHITECTAND SHALL BE CONSIDERED AS INSTRUMENTS OF THE SERVICES RENDERED WHETHER THEY WERE EXECUTED OR NOT. 5. ALL DEMOLITION WORK SHALL BE SCHEDULED AND COORDINATED AS DETERMINED BY THE A-100 PROPOSED DECK PLAN OWNER,ARCHITECT AND THE G.0 9. THE PHRASE'BY OWNER"IS TO BE CONSTRUED AS PURCHASED BY THE OWNER,BUT COORDINATED,SCHEDULED,HANDLED,AND INSTALLED,BY THE G.C.AND HIS SUBCONTRACTORS. 6. THE CONSTRUCTION SITE SHALL BE KEPT LOCKED AND SECURE AT ALL TIMES. A-201 BLUFF PLATFORM PLANS 10. THE ARCHITECT AND OWNER SHALLAPPROVE THE NEW LAYOUT OF ALL PARTITIONS BY MEANS OF CHALK LINE PRIOR TO INSTALLATION. 7. THE G.0 SHALL KEEP THE JOB SITE PROTECTED FROM INCLEMENT WEATHER(RAIN,SNOW, WIND,COLD,HEAT),ETC. 11. THE ARCHITECT,DISCLAIMS ANY RESPONSIBILITY FOR THE DESIGN OF THE ELECTRICALAND MECHANICAL SYSTEMS. 8. PRIOR TO REMOVAL OF WAILS THE G.0 SHALL VERIFY IF THE WALLS ARE BEARING AND , 12. THE OWNER SHALL PROVIDE ADEQUATE PROPERTY INSURANCE ON THE VALUE OF THE BUILDING AND THE VALUE OF THE CONSTRUCTION, NOTIFY THE ARCHITECT IN WRITING. Drawings$specifications as Instruments of professional service INCLUDING FIRE,VANDALISM ETC. 9, THE G.0 SHALL PROVIDE ALL NECESSARY SHORING AND OR BRACING REQUIRED TO are,and shall remain,the property of VINCENT GENIC ARCHITECT. No reproduction,In whole or In part,shall be made 13. THE COST OF THE BUILDING PERMIT SHALL BE PAID BY THE OWNER. MAINTAIN THE STRUCTURAL INTEGRITY OF EXISTING BUILDING TO REMAIN. without the written authorization of VINCENT SENIC ARCHITECT. This document Is Intended solely for the construction of the 14. THE G.C.SHALL VISIT THE SITE AND BE RESPONSIBLE TO VERIFY ALL EXISTING CONDITIONS AND DIMENSIONS.ANY DISCREPANCIES SHALL BE 10. THE G.0 UNDERSTANDS THAT WHERE WALLS ARE TO BE REMOVED,IT SHALL BE ZONING DATA project named herein and shalt not be used by any other parties UNDERSTOOD THAT HE SHALL ALSO BE RESPONSIBLE FOR THE REMOVAL OF ALL ELECTRICAL, for any other IC ARCHITECT. without the written consent of REPORTED LE THE ARCHITECT,IMMEDIATELY PRIOR TO AWARD OF CONTRACT,OR START OF WORK THE G.C.SHALLALSO COORDINATE,AND BE TELEPHONE,THERMOSTAT,PLUMBING,DUCTWORK,ETC.,INCLUDED IN THE WALL. VINCENT BENTC ARCHITECT. RESPONSIBLE FOR THE APPROVED SIZE AND LOCATION OF ALL OPENINGS THROUGH ROOF,FLOORS WALLS ETC. 15. THE G.C.AND HIS SUB-CONTRACTORS USING THESE DRAWINGS SHALL COMPLY WITH ALL LAWS,ORDINANCES,AND REGULATIONS,BEARING ON 11. THE G.0 SHALL REMOVE AND DISCARD IN ITS ENTIRETY ALL PLUMBING,SHOWN TO BE ADDRESS; THE SCOPE AND CONDUCT OF THE WORK ALL STRUCTURAL WORK SHALL BE PREFORMED IN CONFORMANCE WITH ANY CODE OR CODES OF FEDERAL, LINES D TO THE POINT OFC.PREPN INCLUDING,SINK FOR NEW PLUMBING LAYOUT.A L PLUMBING/COLD WORK SHALL BE 800 Sound Ave STATE,COUNTY,OR MUNICIPALITY,HAVING JURISDICTION OVER SUCH WORK. PREFORMED BY THE LICENSED PLUMBING CONTRACTOR AS PER CODE. 16. THE G.C.AND HIS SUBCONTRACTORS SHALL BE LICENSED AND INSURED TO DO ALL WORK AS REQUIRED BY THE CITY,VILLAGE,TOWN,COUNTY Greenport NY 11944 AND STATE AGENCIES,WHICH MAY HAVE JURISDICTION OVER THOSE TRADES.THE CERTIFICATES OF INSURANCE ARE TO BE FILED WITH THE OWNER 12 THE G.0 SHALL REMOVE&DISCARD IN ITS ENTIRETY ALL UNUSED ELECTRICAL LINES PRIOR TO COMMENCEMENT OF ANY WORK.BOTH THE OWNER AND THE ARCHITECTARE TO BE LISTED AS ADDITIONAL INSURED AND AS CERTIFICATE INCLUDING OUTLETS SWITCHES TELEPHONE JACKS ETC.BACK TO THE PANELAS REQUIRED BY HOLDERS AND ARE TO BE HELD HARMLESS FROM ANY CLAIMS EITHER DIRECTLY OR INDIRECTLY ARISING OUT OF THIS CONTRACT. C LAYOUT D OF EACH DAY,UNTIL C E.PREP FOR NEW OMPLETION OF PROJECT. TOWN OF SO LITHO LD 17. THE G.C.AND HIS SUBCONTRACTORS SHALL MAINTAIN WORKMEN'S COMPENSATION INSURANCE AND ADEQUATE LIABILITY INSURANCE DURING THE ENTIRE LENGTH OF THE JOB. 14. THE G.0 SHALL NOTIFY AND ASSIST THE OWNER TO COORDINATE THE INSTALLATION OF BURGLAR ALARM,TELEPHONE AND CABLE T.V.FROM THE UTILITY BOX TO THE OFFICE BUILDING.' 18. THE G.C.SHALL BE RESPONSIBLE FOR THE SAFETY OF THE WORKERS,OWNERS,AND THE PUBLIC,AS REQUIRED BY THE STATE OF NEW YORK,AND SECTION: 33 OSHA REGULATIONS,DURING THE CONSTRUCTION PERIOD. BLOCK: 04 19. THE G.C.AND HIS SUBCONTCTORSCERTIFICATE OF OCCUPANCY,TO PERFORM T ELWORK UNDER CIONTRACT.BLE THE ELECTFOR FILING ANDORICAL,IP PLUMBING,ANDALLARY HVACERMITS WORK,SHALL BEIONS FFILED UNDER A LOT: 05 SEPARATE PERMIT. 2 . THE G.C.SHALL NOT STAANY WORK UNTIL THE BUILDING PEIT IS ISSUED. 21. THE G.C.SHALL URNISHRALL LABOR,MATERIALS,EQUIPMENT AND OTHER ITEMS,NECESSARY TO COMPLETE THE WORK SHOWN,CALLED FOR,OR ZONE: R40 INFERRED BY,THESE DRAWINGS UNLESS OTHERWISE NOTED. 22. THE G.C.SHALL PREFORM HIS WORK SO THATA MINIMUM DISRUPTION IS CAUSED TO THE OWNER,AND PORTIONS OF HOUSE WHERE THERE IS NO r , AR 23R THE G.C.SHALL ATALL TIME KEEP THE BUILDING WATERTIGHT,SECURE,AND SAFE FROM OUTSIDERS. 24. THE G.C.SHALL SUPERVISE AND DIRECT THE WORK USING HIS BEST SKILL AND ATTENTION.HE SHALL BE SOLELY RESPONSIBLE FOR ALL CONSTRUCTION MEANS,METHODS,TECHNIQUES,SEQUENCES,AND PROCEDURES,AND FOR COORDINATING ALL PORTIONS OF THE WORK UNDER CONTRACT.THE G.C.SHALL BE RESPONSIBLE TO THE OWNERS FOR THE ACTS AND OMISSIONS OF HIS EMPLOYEES,SUBCONTRACTORS,THEIR AGENTS y AND THEIR EMPLOYEES PERFORMING THE WORK UNDER CONTRACT. 25. THE G.C.SHALL BE RESPONSIBLE FOR ADEQUATE,TEMPORARY BRACING,SHORING,AND PROTECTING ALL WORK DURING CONSTRUCTION AGAINST DAMAGE,BREAKAGE,COLLAPSE,DISTORTIONS,AND MISALIGNMENT,ACCORDING TO STRICT COMPLIANCE WITH THE NEW YORK STATE BUILDING CODE AND ALL OTHERAPPLICABLE NATIONAL,STATE,AND LOCAL CODE,AND GOOD CONSTRUCTION INDUSTRY PRACTICE. 26. THE G.C.IS RESPONSIBLE FOR ALL DAMAGES(INCLUDING STRUCTURES,FINISHES,UTILITIES,EQUIPMENT,VEGETATION,ETC.,SCHEDULED TO REMAIN)OF EXISTING PROPERTY AS A RESULT OF HIS WORK,HIS WORKMANSHIP AND SUB-CONTRACTORS.THE G.C.SHALL PROVIDE ADEQUATE V78. �l PROTECTION FOR THEIR WORKAND BE RESPONSIBLE FOR SAME.THE G.C.SHALL RESTORE TO ORIGINAL CONDITION ANY EXISTING ELEMENTS 379.z ,' ' .' DAMAGED AS A RESULT OF HIS WORK THE G.C.SHALLALSO PROTECT EXISTING OCCUPIED AREA FROM ALL DUST AND DIRT. p'1 �5 Drawn: WM 27. THE G.C.SHALL COMPLETE ALL WORK IN A MANNER THAT CONFORMS TO THE MANUFACTURER'S INSTRUCTIONS AND TO THE HIGHEST INDUSTRY a Checked: STANDARDS. ®�tI9V�7tOrj� ��gPfy VB 28. THE G.C.SHALL GUARANTEE ALL MATERIALS AND WORKMANSHIP AGAINST DEFECTS FORA PERIOD OF ONE YEAR FROM THE DATE OF SUBSTANTIAL - APALS COMPLETION AND ACCEPTANCE BY OWNER. EliEB : 1. TO THE BEST OF MY BELIEF AND KNOWLEDGE,THIS SET OF DRAWINGS MEETS OR EXCEED THE REQUIREMENTS OF THE ENERGY CONSERVATION CODE OF THE STATE OF NEW YORK LATEST EDITION. Proles 2. TO THE BEST OF MY BELIEF AND KNOWLEDGE,THIS SET OF DRAWINGS MEETS THE REQUIREMENTS OF THE RESIDENTIAL CODE OF THE STATE OF 800 Sound Ave NEWYORK LATEST EDITION. FINAL MAP 3 ALL WINDOWS AND SKYLIGHTS SHALL BE DOUBLE GLAZED,AND WEATHER STRIPPED,AND ALL DOORS SHALL ALSO BE WEATHER STRIPPED. REVIEWED BY Z BA Residence Greenport NY 11W 4 ALL NEW APPLIANCES,AND ITEMS SPECIFIED SHALL MEET THE ENERGY STAR. D E CI S I O N# -7-7� Drawing Title TITLE SHEETAND DATED: b GENERAL NOTES, Drawing Number T-100 J NBA" VINCENT GENIC ARCHITECT PO Box 92,Southold NY 11971 www.vberch.com 917.414-1925 Issued/Revision Drawings&spedaratlons as Instruments of professional service are,and shall remain,the property of VINCENT GENIC ARCHITECT. No reproduction,in whole or In part,shall be made without the written authorization of VINCENT GENIC ARCHITECT. This document Is Intended solely for the construction of the project named herein and shall not be used by any other parties for any other construction without the written consent of VINCENT BENIC ARCHITECT: -------------------------------------------------------------------------------------------------------------- ,n' �w § s� 5. '.r'`. ,h ,_ ate«.. , . , , ra INTHISAREA- 1 EXISTING DECKING,JOISTS, POSTS,AND FOOTINGS TO BE ' - -.--- -___ v i REMOVED AND SITE BE PREPARED FOR NEW INSTALLATION. NEW DECK ---_ — �-= 'SUPPORT EXISTING,JOISTAS -' LINE OF NECESSARY UNTILTHE NEW ." `.STRUCTUREAND FOOTINGSARE �.A °` +NSTALLED = h EXISTING DECKING TO BE REMOVED EXISTING JOISTS AND DOWN TO EXISTING JOIST PP TO IN.ANY , ��.• .,, � ,,. .... - . : . .�....,.w �,��r POSTS THAT ARE O PLUM EXISTING DECK TO BE MODIFIED TO THE NEW CONFIGURATION B u AND LEVEL TO E �4 REPLACED WITH NEW i 0T 014883 nip --- --- --------- v9AlrojS: 9T�c Nam( 378.2 Drawn: • WM / Checked: VB DEMO DECK PLAN Sca19:1/4„=+-0„ APR .� 2971 'fe'� 800 Sound Ave 0 1 2 3 4 5 FT Residence U - ---MAP �'�OFAPPE LS Greenport NY 11944 I FAN (y,L M L3�P Drawing Title .EVI '�lE BY ZBA DEMO DECK PLAN ' D E C I S I O N Drawing Number r)AT DEMO-100 •4 12'-8"to house 5/4"X 6"NEW IPE DECKING AND TOP RAIL OF RAILING. IPE STAIR/PLATFORM/ 12"TREADS,6"+/-RISERS AND a a 1"X 12" CONTINUOUS VINCENT BENIC ARCHITECT PO Box 92,Southold NY 11971 STRINGERS TO BE PT IPE DECK TRIM www.vbarchcom 9117-414-1925 COVERED W/IPE ALLAROUND r EXPOSED PT. uin ReVismn LUMBER 4"X 4"IPE GUARDRAIL POSTS -- EVENLY SPACED ATAPPROX.4' O/C. 5/4"X 4"CONTINUOUS CAP. } 3/16 INCH MARINE GRADE 316L STAINLESS STEEL ROPE RAIL AT 4" 43'-1 OV 1 OC.COATED FOR RUST acrDrawings and shal re specifications the as instruments B NIIC 1 service � a PROTECTION. ARCHITECT. No.reproduction,In whole or In part,shall be made without the written authorization of VINCENT BENIC ARCHITECT. This document Is Intended solely for the construction of the project named •• "B T"B N i n o her construction without the written consent of -. .. .. - `'O for n w th rein and shall not IGFOO F 2U C. be used any other es H 8" ' r i' " VINCENTBENIC ARCHITECT FOOTINGS WITH I 0' 11 10 CONC. COLUMN AT 42" BELOW GRADE � ANCHOR POST TO, ALTERNATING 1X6 AND 1.5 "1 CONCRETE WITH �. X CONTINUOUS CEDAR so'-o STAINLESS SIMPSON i o SCREEN BELOW THE DECK. ABU66-TYP 6 Locations;' STAIN DARK GRAY 7. INCLUDING WOOD POSTS : CONTINUOUS 2 TYPL NEW FOOTING AT DECK EDGE o NEW;POC)LAND POOL DECK TO DE Scale:3/a"=1'-0" c FILED.UNDERASEPARATE F O GS m SUPPORT BOTTOM OF 00 1 1 2 2 FT a APPLICATION BY POOLICONTRACTOR'. STAIRS LJ DOUBLE UP JOISTAROUN D THE STAIRS (2)2X10.PT BEAMS FRAMING 6"X 6"PT POST DOWN TO FROM POST TO POST.NOTCH ARE,DNEW POSTAND THE BEAMS DETAILTHINEW FOOTING SEE SDRAWING O STAINLESS�EEL BOLTS TO ---- BOLTED THROUGH THE JOIST 4` N AND THE POSTS:-TEMPORARILY , v A 00 PLANTING BED`` SUPPORT JOIST UNTIL THE NEWS ti BEAMS ARE INSTALLED s & �e EXISTING JOIST TO REMAIN AND BE sue ;. a x S-a, t r r +_w a €, w —i s *� > e �. SUPPORTED BY THE NEW BEAM AND w r t FRAMED IN WITH GALVANIZED JOIST HANGERS n cS O �p .u�Y �� `. „•'{"fi.� •'"' `.:'m'."a,..�..'"'.�'S��: - •° `� ,�;, v ` m3`;, `�' 9.a.-., .._„.,. +" , .._'"°r I" '�, i. , ,'� RECENED (rye m.:..,;r .. a •', ... t..n' ..,b ..c3 a.. �.ta -. .a..rs -,.OD .STING DECK DECK TO BE MODIFIED TO NEW CONFIGURATION �:_ r ' EXISTING POSTS AND „ti 2 F'�t BEAMS TO REMAIN /CV � �. < �<. � at ,ter:tr1� s I ! Drawn ,:. '`'�r;��'^,r� 3;.,-"-c�<r a+x:cr �`" �'� '€� ram. — e....�.� '`.z�r c-'s�•*' 2+- -*�� 2 — —;- UNDISTURBED Q 9 9�j wN .a... :.; '" ••3 ...�,.-.. n.": t..^.•..»et y.,�'r" .'-.^ .'S' �' '""-,z ";`«»z'-Hu ...n "e r'r�i �� '4 G�6J Checked: '^„ ^. �a...+:s'"-.sue.. Y. ..,r..=sr.'�.ws- -�+�-.,...tM- 'w. -t, a...-...x Fa...�...:. `�' �F 4..,—+nr-a*. ,. -".€ . -ss�r- "`-3 �,. c' a+ *`, - +. X"r `",f -, a' .2'-"S. k w `- - VB axm„ .«•.•..e vt ..R`k.,.. .�tx,,. e' t't t^^ ^.-°'a'ua",y, f„�.. �4.'.'""V `` "*" x' - / / :' '°"3p" .' ' •,. zsa,. ^x. .rf s' •- '- c- "Si" Via;.° r^`,Z'•._r «C.�'�'..` .•tir=t+ .,x ,A''ca,.-: �' ""• � 'zK`. •� S' �- h�'G.ws- °",� '� "�, .''C+. ;k't"a 'N.' 4�,k+^+.��"�ia.� ,�,ry jC,.� H �Sat`s� +� � ' `,�,aA ��• `r �' Cxa�'�_,,.'^.'��,sa� = "'61�.-+.vf �'��•`1'�v� »5<.A ; � `a�*'c'i-�a,�' �#3)�+.-w-?. �F l4,Av.�Y'S�;w.„^^�h'-A�.ea9''4ww"''-G Yf�%�� Z+ X�_,�'� �' ZONINGBOARDOFAPPb4'�� / EXISTING DECKING TO BE REMOVED FROM /14'-75i�" // / / 12'-4" / / / // //29'-234"/ // / EXIST.DECKI J ISTAND INSTALL 5/4"NEW IPE Project 800 Sound Ave /56'-23/g', // / / I1�9ML`. M/`'r1P Greort NY Residence944 69'-43r" A I VIEWED BY ZBA Drawing Title PROPOSED 747 4 POOL DECK PLAN } CY �N DECK PLAN 11 �t (� } -I�"'T V Drawing Number 0 1 2 3 4 5 FT A-100 * ,e a ; r A. VBA VINCENT BENIC ARCHITECT PO Box 92,Southold NY 11971 917I141925 Issued/Revision fi. 03/14/2025 BD SUBMISSION S EXIST.PT 4"X4"POST EXIST. 2X4 RAIL 5't DOWN FROM DECK AND MIDRAIL PERIMETER BEAM TO SUPPORTED BY THE DN TO BEECH GRADE INTO EXISTING PERIMETER BEAM- SOIL- TYP CROSS BRACED W/2X4 PT RESECURE AS NEEDED BEAMS-TYP . \ c`_ Drawings&specifications as Instruments of professional service IMAGES DN SUPPORTED BY THE PERIMETER BEAM-TYP ARCHITECT. remain, reproduction,Pn whole oN in part,shall be made without the written authorization of VINCENT BENIC ARCHITECT. This document IST WALKWAY project n a for the construction of the m Is herein and h ICI not be used by any other parties v; for any other construction without the written consent of VINCENT BENIC ARCHn ECT. StI 4 t u,i iI r EXIST 2X4 RAIL AND MIDRAIL SUPPORTED BY THE -. 1ST STORAG PERIMETER BEAM- HETYP .-..• 4:w " RESECURE AS UP STPO ECD O m NEEDED a. 7'.o• EXIST. LOWER STAIR PLATFORM 7,4:, 0 1 2 3 4 5 FT IMAGES OF EXIST- UPPER PLATFORM O� E �R ARRECHVE C��JiGNC� BEN�c q�R p�TFo APB �� OFAPPpA '. $ 2X4 RAILAND MIDRAIL - SUPPORTED ON THE PERIMETER N SURVEY OF PROPERTY vBA s: BEAM-TYP \ AT OREENPORT 7B.2 TOWN OF SOUTHOLD D S�q�^01 SUFFOLK COUNTY, NY WM C DN LONO LSLAND SOUND 1000-33-04-05 chatted: BENCH 38e'19130 SCALD'' 1'=40' YB � 10-JIg'EXIST PT 4"X4"POST DOWN rw '--- T�-rµ AUGUST 1L1 200I FEBRUARY 11, 2021 FROM DECK TER BEAM --------------- rr MAY 9, 2022(PROPOSD POOL) TO GRADE INTOTO EXISTING SOIL-CROSS BRACED W/2X4 PT 12'-0 __-__.___- XL 12, 2022(PROP, FENCE A PA770 REwSIONS) FEB. Of, 2023(PR0RP0Ct RENSYQVS) i BEAMS-TYP UppE ` ---- --------------- - MAY. 03, 2023(PRORPOOL,RENSIONS) ZSTAIR L,gTFORM :___ _ :__ ____ n�NE 20. 2023(PROP_PoOL RENSIOWS) EXIST. STAIR PLATFORM m ' --- - -- _ ==== -- - ' - � (too SF) -___; -1 L MA °� 800 Sound Ave o - - - ~=`= _ ,'s j Residence - --=1- �- -_ =-- " Residence NY 11944 EXIST. WALKWAY _ _ 43 SF "`°' r UP BENCH laa r Tc Z1 �` F�13 6� - Draw"Title ( ) LOT P- „CEHI —. �_ - EXIST. BLUFF PLATFORM PLANS 'fou PR ILK r Drawing Number UPPER STAIR PLATFORM 0 1 2 3 4 5 FT ,r,Bi '"� f°°` -�Got ' i EXIST. t 1 A-2 01 L0T 20 r°°' N SURVEY ' OF PROPERTY J A T GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY, :1V: �' LONG ISLAND SOUND 1000-33-04-05 SCALE: 1'=40' S8619-30`E ipg,38� AUGUST 14, 204 �' '� ----- ------ FEBRUARY 71, 2021 y w MAY 9, 2022 .(PROPOSD POOL) JUL Y 12, 2022 (PROP. FENCE & PA 770 REVISIONS) FEB. ,01 2023 (PROPPOOL REVISIONS) -~_ ' MAY. 03, 2023 (PROP.POOL,REVISIONS) 12 --___�___: --- 04 JUNE 20, 2023 PROP.POOL REVISIONS 2 -------- - ------====== = �a z - --- ---- --- ----------------- s RECEIVED ? 2 --� 'sTilllp - ---------- ---- -- 2 -- e - 3 —� LAND= 1 - 04 N FD J 6 2025 -- ----- --' "- ==-------- -- ---- _ 2 � ZONING BOARD OF APPEALS --- ------ ' ---- O� 4 AU BEACH LF ei�r� J STEPS X WDE S4. D GRADE LOT 21 - T 22 CEHL •-•�� LO 8 .1 _ Optl& _p/ROP�0� LnECK FEN E O ES�NPA cc VAM �ro�v� v DECK PROp. 81 AT Epo 1 ZONING INFORMATION PROPOSED P0�• EQUIP' ' 69.4• I N� v I _ AllgrY. GAR. -- - - w 69.4' ` W J AREA LANDWARD OF CEHL 19,794 SO FT w t PROPOSED LOT COVERAGE CALCULATION Z766 HOUSE 746 DECK 450 POOL TOTAL 4962/19,794 a a200 s4 �M 2O PROPOSED LOT COVERAGE 1 -to R QQ X W. __--,� r _ �- 8 FINAL MAP H - = --- - ---- ------ W,«.Y Wff REV W E D BY Z BA S85'35'10"W ye B �.« . ®ATE D; 420 A EA=33, 4 SQ. FT. �1 11 � ' TO 77E�LINE ELEVATIONS AND CONTOUR LINES ARE REFERENCED TO N.A.V D. 86 DATUM. =REBAR �1lYrTiPiflr .® LS ' —••— =COASTAL EROSION HAZARD UNE (CEHL) LOT NUMBERS REFER TO wmAP OF EASTERN SHORES FILED IN THE SUmax couNTY CLERK'S OFFICE ON APRIL 27, 196.4 AS FILE N0. 4021. u'N'<:�S. LIC, NO. 051132-01 ANY ALTERATION OR ADWIIGVV. 70 THIS SURVEY IS A V1GlLA77ON OF N:Y.S. L/C. NO. 49618 SEC710N 7209 OF THE-NEW YORK STATE EDUCA7701V LAW EXCEPT PECONI, VEYORS,.'P.0 AS PER, SECTION 7209-SUBDIVISION 2. ALL 'CERTIRCA71ONS HEREON (631) 765-5020 FAX,(631) 765-1797 ARE VAUD FOR THIS MAP AND COPIES.THEREOF ONLY IF SAID MAP P.0. BOX 909 OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE 1230 TRAVELER STREET' A SIGNATURE APPEARS HEREON. SOUTHOLD,: N.Y. 11971 .-04-198 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631) 765-4643 March 1,2023 By Email Leslie Kanes Weisman, Chairperson and Board Southold Town Zoning Board of Appeals Town Hall Annex, 54375 Main Road, Southold,NY 11971 Re Owner: Stratakis Premises: 800 Sound Avenue, Southold Appeal# 7723 Dear Chairperson Weisman and Board: I received the Board's decision dated February 16, 2023, and filed February 21,2023. The Board approved Alternative Relief requiring the pool to be no closer than 80' to the Top of the bluff. We are working on that plan. However,the Board denied the lot coverage variance. I provided you with all the square footage calculations of all the existing and proposed structures. The original survey with the application is last dated July 12, 2022 and showed the existing house(2,766 SF)and the existing deck(1378 SF) which we were cutting back to 1069.3 SF. The"buildable"lot area to the CEHA Line is now 19,794. The house and deck have a CO and were constructed when the lot size was 33,114 SF. In addition,the beach stairs and landings which were built with a Coastal Erosion permit are 452 SF. The existing structures.(House,Deck and beach stairs with landings)EXCEED LOT COVERAGE 21.66% without the pool. We submitted alternative relief and the revised survey to make the application more conforming. It is not possible to build a pool without exceeding the lot coverage. My client will have the pool company try to fit a pool that is 16 x 30 which could be located 80' from the CEHA line and as an accessory structure (in the ground)and move it to 10' off the westerly property line. However, a pool with a patio on grade still requires the lot coverage variance for 480 SF. (480/19,794 SF=.2%) Existing Lot Coverage: 21.66%+2%=23.66% If the beach stairs and landings on the bluff are not lot coverage then 19.37% +2%=21.37% The Board's decision clearly intended to allow the owner to build a pool,but denial of the lot coverage variance does not appear to be intended. I do not know how you calculated lot coverage. As you know we only have 30 days to address the inconsistency of the decision V:ey'trul urs, f . .•ra Moore BOARD MEMBERS ®4,S%SVF®1�1(4®� Town Hall Annex Leslie Kanes Weisman,Chairperson ��` �� 53095 Route 25,Main Road Patricia Acampora ® - P.O.Box 1179 Eric Dantes � Southold,NY 11971 Robert Lehnert,Jr. ®,� ® �� Telephone(631)765-1809 Nicholas Planamento ®[ http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD March 21, 2023 Patricia C. Moore Attorney at Law 51020 Main Road Southold,NY 11971 Re: ZBA FILE: 7723, Stratakis 800 Sound Avenue, Southold SCTM No. 1000-33-4-5 Dear Mrs. Moore; We reviewed your letter on March 1, 2023 regarding the Board's decision on the above referenced application. Please be aware that the Board stands by their decision. The Board reasoned that the applicant could conform to the town code permitted lot coverage requirement by reducing the size of the existing and proposed improvements, namely the pool and as built deck. If you have any additional concerns or questions, please contact the Town Attorney's office. S' yours, Ve�slie Karies Weisman ZBA Chairperson ' - - ,'; L �, � � `__._.r.�..-..�,---=�(u--�-_ten..:____-'4•--_' �_MN..--,.- _�_".� -_ _.__--. �} j[ �•' '`43�� - y ('t� .__. • -�(] - - _ . - a ------------ - op _ - off ,r. � _ . _ . .. _" _ . . _ _»_.__ ___.-__ _ . .._>_ �._._ ._1•�t3t�'1_ �1�g—�oPYl 1.t0:�1:;,. ..___- i._L _ � � _ - 1 •l.Jt,Y` - , _ tl ss --- - s :v,.,,,q..�„ �^. -�.-..:>.�,y,,,,+"„�=,.—�y't�w- :i'...., T .T� G ��;,,•.,.�„y 'r.�,_ r,� ,:r,r`->'�•-��`s J=�`�"r `��* '� - ___"._. ."_ - -— 1 A �.e... ! rb # 11 # f i �` —_._.__� ._ ,. -1 •r _ iGLJ � r"T _ {- 4.• ^a t4� {tom ra.t` E_I1..-t'r S` - Y Y �yv pvopr �. _ • M�+� ~� �, �`. ._ ��-- � i ��. e' .• - , , � °Y �t C il� -, �F..... yyy((yy� - t _ '�i""��q;,,,,,,,, `,'z".: '�:�'3E`'��:�: C��;;.y�r?, .f:,�^.�, $• 9k L .. -_ t }j '1� ]:.� q M7. .# 3!•' 2',� t }rf+,S' w��m r y. � :ir_ -- �'�+••<" ..p;•�,p±11 I I iA 1 t ,�- �,, .--•--•{ _ _ .3;..."_._ L^� pi�,4, V_r" '��y a�.x, y. r:e� 'r�''' S �;' '!': . 'k [ :,:icy •�� `'+' 'r .�_, " !` t 3 - pt - =`!:; {`�.^-'•-wx."••:�. v`:'.5�v�i.S' '.tom= �r TS N SURVEY OF PROPERTY AT GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. LONG ISLAND_ SOUND 1000-33-04-05 SCALE. 1'--40' S8679'30"E 105.36 AUGUST 10, 2004 ,�•H'w.rrr' ------ ••------ FEBR+UARY 11, 2021 MAY 9, 2022 (PROPOSD POOL) JUL Y 12, 2022 (PROP. FENCE & PA 770 REVISIONS) --BUFF 4 12 16 ------ °� c - -- 6 RFC 3 iAND/N - cn AUK _ 0 9 SOara Of Appea -5 - _ s /S ALL BEACH -_ 2' S7EPS r WIDE o a "°E LOT 21 0 _ CEHL t0 � � SOT 22 POOLOFENJE�4'cA � PROPOSED cE LINEAR 100.0 jJ�EAR 84.3� 7 ppT10 3 0 . B ROV VATIJJ P 4 PROPPROPOSEDo t PROPOSED LOT 20 PROPOSED N POOL --- p L EQUIP' E►v I DOLE ,AR p' g 15.0 our P 1s.1' OppSED NCE PRI 5� 0w0 DECK ^ PpLINEAR l.8' P60D/^ AC .11. U IT �50 - FiN.FtR Q- mPROPOSED 91 I POOL LICE' 0 2 STM GAR' 13.2 LINEAR �9 . LOT COVERAGE CALCULA77ON 2766.4 HOUSE w '� 1069.3 DECK mQ 800 POOL a TOTAL 46357 =. 234X LOT COVERAGESWNE ®� EVS77NG AND PROPOSED SF 'm _� - REr HOUSE $766.4 SQ FT -52- 1 TOTAL DECK ABOVE GRADE 1378 SO FT DECK ABOVE GRADE 70 BE REMOVED 308L7 SO FT 5 - two UL DECK ABOVE GRADE TO REMAIN 1069.3 SO FT _ HrDR NT _ o-- 11 BEACH STEPS AND LANDINGS 452 SO FT ORWIRES ` _ ____-- - W/GUY N7RE PROPOSED POOL 800 SO FT -- — — --_ - _ - - _101.68' PROPOSED PATIO AT GRADE 1907 SO FT S85'35'10"W 11,g %A BLOCK AREA LANPROPOSEDDWARD POOL FENCEH310.37TOTAL LINEAR 19, 94.4 SO FTAPR S0 AvlkC AREA=33, 114 SO. FT. k TO TIE LINE OF NEW YpR ELEVATIONS AND CONTOUR LINES ARE A- 93.MErjC'� REFERENCED TO N.A.V D. 88 DATUM. P`sV, 5 =REBAR ■ =MONUMENT — — =COASTAL EROSION HAZARD LINE (CEHL) Aro' SED LAB LOT NUMBERS REFER TO "MAP OF EASTERN SHORES" FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON APRIL 27, 1964 AS FILE NO. 4021. N.Y.S. LIC. NO. 051132-01 ANY ALTERATION OR ADD177ON TO THIS SURVEY IS A WOLA77ON OF N.Y.S. LIC. NO. 49618 SECTION 7209 OF 7HE NEW YORK STATE EDUCA7/ON LAW. EXCEPT PECONIC S YORS, P.C. AS PER SEC710N 7209-SUBDIVISION 2. ALL CER71FICA7IONS HEREON (631) 765-5 20 FAX (631) 765-1797 ARE VAUD FOR 1HIS MAP AND COPIES THEREOF ONLY IF.SAID MAP P.O. BOX 909 OR COPIES BEAR THE IMPRESSED SEAL OF 7HE SURVEYOR WHOSE 12JO TRAVELER STREET SIGNATURE APPEARS HEREON. SOU 1NOLD, N.Y. 11971 LO4—1 98 AA N SURVEY OF PROPERTY A T GREENPORT TOWN OF SOUTHOLD Y, N. Y. LONG ISLAND SOUND SUFFOLK COUNT1000-33-04-05 SCALE: 1! 40' S86'19'30"E 105.36' AUGUST 10, 2004 MN'W�' ------ zlw ---- FEBRUARY 11, 2021 _ H wv MAY 9, 2022 (PROPOSD POOL) JUL Y 12, 2022 (PROP. FENCE & PA 710 REVISIONS) 4 FEB. 01, 2023 (PROP.POOL,REWSIONS) Ln ALL BEACH �'CF BLUFF ra STEPS 3- WIDE `D GRADE L0T 21 CEHL LoT 22 . POOL-FEN 4.� �� } PP�O-��g4 3' . UNEAR 100O, uNEA FUG P _ GDECK RP•D 5 R �CK DE� ASASp G AICE� OOE� �R .G3 PROPOSED PRa _ POa QUIP• � Ro, POOL LoT 20 POOL 1G ' . 2 SIVS DECK PROPOSED CE - -- -- - PROP GSf� _o.o T 4nSnNG � PooL 0 15.8' ZONING INFORMA7/0N P� �u T 69.4' - NG R20 CA PROPOSED EwS�ST3 yFR• HSE• POOL AP CE Z GAR. w UN� 13.2 �9•4! w PROPOSED LOT COVERAGE CALCULA7701V ---�� Z766 HOUSE w '� • 1,092 DECK 760 POOL q TOTAL 4,618/19,794 = a2m 213X LOT COVERAGE' SWNE i EXIS77NG AND PROPOSED SF REr HOUSE 2,766.4 SQ FT �2_ _ i ;----- TOTAL DECK ABOVE GRADE 1378 SO FT DECK ABOVE GRADE TO BE REIWOVPD 604 SO FT 5 DECK ABOVE GRADE 70 REMAIN 774 SO FT --- HmR T _ ° 8L NEW DECK AROUND POOL 318 SO FT. O.H W►RES --- - -----------------`____ W/GUY WIRE BEACH STEPS AND LANDINGS 452 SO FT �— - - -- _ _� _101.68' PROPOSED POOL 760 SOFT S85'35'10"W 4a B BLoac . AREA LANDWARD OF CEHL 19,794.4 SO FT 4510, - PROPOSED POOL FENCE 310.3' TOTAL LINEAR AREA=33, 114 SO. FT. L� TO TIE LINE ' �NEW 1►Ogk ELEVA71ONS AND CONTOUR LINES ARE O I.6ET2Q� REFERENCED TO N.A.V D. 88 DA7UM. • =REBAR ■ =MONUMENT —••— =COASTAL EROSION HAZARD UNE (CEHL) LOT NUMBERS REFER TO "MAP OF EASTERN SHORES" FILED IN 774E SUFFOLK 1� COUNTY CLERK'S OFFICE ON. APRIL 27, 1964 AS FILE NO. 4021. .Y.S LICS LIC.. NO. 051 132-0 1 Y. N0. 49618 ANY AL7>=RA7)ON OR ADDITION TO THIS SURVEY IS A VIOLATION OF N.PECONIC S VEYORS, P.C. SEC77ON 7209 OF THE NEW YORK STATE EDUCA77ON LAW. EXCEPT AS PER SEC77ON 7209-SUBDIVISION 2. ALL CER70CAHONS HEREON (631) 765-5020 FAX (631) 765-1797 ARE VAUD FOR THIS MAP AND COPIES THEREOF. ONLY IF SAID MAP P.O. BOX 909 OR COPIES BEAR 774E IMPRESSED SEAL OF 774E SURVEYOR WHOSE 1230 77?A VELER STREET ,/ SIGNATURE APPEARS HEREON. 0''-198 SOU7HOLD, N.Y. 11971 BOARD MEMBERS ®f S®Ur Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 l0 Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes G @ Town Annex/First Floor, Robert Lehnert,Jr. �`r® • �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD August 29, 2022 Tel.(631) 765-1809•Fax(631)765-9064 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File : # 7723 STRATAKIS, Christ Action Requested : Construct an accessory in-ground swimming pool and to legalize two (2) "as built" accessory decks with shed. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson BY: S6 Survey/Site Plan Donald J. Metzger Peconic Surveyors Date : July 12, 2022 � Nff\0 ��, ( 1 OF I EC LOCATION: ®F S0uT MAILING ADDRESS: __ww`` y I/I �n Town Hall Annex �oV� �l0 P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY 11971 G Telephone: 631 765-1933 UNT`1,�� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair RECEIVED Members of the Zoning Board of Appeals JA N 2 6 2023 From'' Mark Terry,AICP Assistant Town Planning Director Zoning Board of A . . ppeals . LWRP Coordinator Date January 23,2023 Re: LWRP Coastal Consistency Review for ZBA File Ref CHRIS AND MARY STRATAKIS 4NEW, SCTM 1000-33-4-5. CHRIS AND MARY STRATAKIS #7723 —'Request for Variances from Article XXII, Section 280-116A(1); Article XXIII, Section 280-124; and the Building Inspector's July 20, 2022 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and to legalize two "as built" accessory decks with sheds; at; 1) swimming pool located less than the code required 100 feet from the top of the bluff; 2) "as built" accessory deck located in a non-permitted location seaward of the top of the bluff; 3) "as built accessory shed with deck located in a non-permitted location seaward of the top of the bluff; 4)construction more than the code permitted maximum lot coverage of 20%; located at: 800 Sound Drive(Adj.to Long Island Sound), Greenport,NY. SCTM No. 1000-33-4-5. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the' records available to me,the proposal is recommended as INCONSISTENT with the below LWRP policies. Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. The as-built structures(23.5' A"accessory deck and shed with deck)do not enhance community character and set a precedent on lots in the neighborhood and within the community. The access stair structure shed,and associated deck are located within a VE flood zone and are subject to damage and loss due to storm events and tidal surges. The action is not consistent with this policy. Policy 4. Minimize the loss of life, structures, and natural resources from flooding and erosion. The parcel is located within the CEHA. The proposed 23 percent lot coverage on the parcel is contrary to preventing loss of structure near hazardous areas. The structures within these areas are subject to repetitive loss from storm surge-induced erosion events and should be avoided and/or minimized. Setbacks should be maximized. Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. (� COUNTY OF SUFFOLK Kim RECENSD 1 (� r O C T 202� ��' Zoning �oa�r� of�.;� OFFICE OF TBE COUNTY EXECUTIVE p�ois Steven Bellone + SUFFOLK COUNTY EXECUTIVE Sarah Lansdale Department of Commissioner Economic Development and Planning August 30, 2022 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal He Number Carlos Saaveddra&Nicole Eckstrom 47722 4 A-� Chris Stratakis `� Very truly yours, By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning &Environment H.LEE DENNISON BLDG ® 100 VETERANS MEMORIAL HWY,11th FI © P.O.BOX 6100 a HAUPPAUGE,NY 11788-0099 13 (631)853-5191 FORM NO. 3 ��D TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: July 20,2022 TO: Patricia Moore(Stratakis) 51020 Main Road Southold,NY 11971 Please take notice that your application dated May 31,2022: For permit to: construct an accesso in-ground swimming pool and to legalize(2)"as�l wilt" accessory decks with shed at: _ Location of property: 800 Sound Drive, Greenport,NY County Tax Map No. 1000—Section 33 Block 4 Lot 5 Is returned herewith and disapproved on the following grounds: TY The proposed accessory in-ground swimming pool, on this nonconforming 33,114 sq. ft. parcel (19,794.4 sq. ft. buildable land)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 such bluff." The survey shows the construction at 62 feet from top of bluff. In addition,the"as built"23.5'x8'accessory deck and"as built"accessory shed with deck are located seaward of the bluff. C : Lastly, proposed swimming pool is not permitted pursuant to Article XXIII Section 280-124 which states; lots measuring less than 20,000 square feet in total size(buildable land)require maximum lot coverage of 20%. r The survey shows the lot coverage at 23%.j�` Au rite 'gnature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only Fee: $ Filed By: D to RECEIVED Assigned/Assignment No. AUG�2 6�202 Office Notes: Zoning Board of peals House No. 800 Street Sound Drive Hamlet Greenport SCTM 1000 Section_33 Block_4 Lot(s)_5_Lot Size 33,114 sq.ft. (buildable 20,828 sq.ft.) Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED July 30, 2022 BASED ON MAP DATED 7-12-22 Applicant(s)/Owner(s): Chris and Many Stratakis Mailing Address:50 Sutton Place S, Apt. 12G, NY, NY 10022 Telephone: 917-816-3584 Fax #: _c/o 631-765-4643_ Email:_pcmoore@mooreattys.com NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for (X ) Owner, or ( ) Other: Agent's Address: 51020 Main Road, Southold NY 11971 Telephone_631-765-4330 Fax #: 631-765-4643 Email: pcmoore(a�mooreattys.com RECEIVED AUG 2 6 2022 3 9�� Zoning Board of Appeals Please check box to specify who you wish correspondence to he from the above names: C Applicant/Owner(s), or X Authorized Representative, or C Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 7-12-22 and DENIED AN APPLICATION DATED 5-31-22 FOR: X Building Permit C Certificate of Occupancy C Pre-Certificate of Occupancy C Change of Use C Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXII Section 280- 116A (1) (setback to bluff) XXIII 280-124 (lot coverage) Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. C A Variance due to lack of access required by New York Town Law-Section 280-A. C Interpretation of the Town Code, Article Section C Reversal or Other A prior appeal C has , X has not been made at any time with respect to this property, UNDER Appeal No. Year . (Please he sure to research before completing this question or call our office for assistance.) RECEIVED AUG 2 6 2022 Name of Owner: ZBA Filc # Zoning Board of Appeals REASONS FOR APPEAL (additional sheets may be used with preparer's signature) AREA VARIANCE REASONS. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: This parcel is Lot#21 in the Eastern Shores subdivision. The proposed residential accessory structures are a typical request and do not change the character of the neighborhood or affect in any way the neighborhood. The family has owned the house since 1975. The owners request a pool because it is a customary accessory structure for this community and the owners, their grandchildren and children will enjoy the benefits of a pool. The staircase to the beach was constructed with platforms and a small 7' x 7' storage shed. No building permit was required when the Trustees and NYSDEC approved this staircase and the shed. The staircase and shed are one integrated structure. The building department is requiring a variance for the existing structures,built with the wetland permits which were required at the time. Beach stairs do not generally get building permits, the platforms /decks are part of the staircase. Removing any part of the staircase, decks, or shed would disturb the existing natural topography that holds up these structures and may impact the bluff more than leaving the structures in place, as constructed. The lot coverage is consistent with the character of the community and immediate neighborhood. The Stratakis parcel was improved with structures based on the filed map and lot size of 33,114 sq.ft. The applicant is proposing to remove 308 sq.ft. of the existing deck in order to reduce existing lot coverage. The water front lots in this neighborhood appear on the Map of Eastern Shores subdivision, many of the homes were developed prior to adoption of the regulations. The Coastal Erosion Hazard Line bisects the parcel and severely reduces the lot size for the lot coverage calculation. The lot coverage is now calculated based on a "lot size" of 19,794.4 sq.ft. (A loss RECEIVED AUGA 6 2022 Zoning Board of Appeals of 13,319.6 sq.ft. seaward of the Coastal Erosion Line). The a an decks are existing, built in 1985, the house is conforming to the 100' setback to the top of bluff. The decks were permitted to extend into the 100'. The house and decks have a Certificate of Occupancy. The attached sheet contains the bluff setback variances in the neighborhood which are numerous. Lot Coverage variances are fewer because the code changed in 2007 requiring the lot coverage to be calculated from the "buildable area". Many of the variances were granted before the code changed excluding land seaward of the CEHLine. The subject application is consistent with the Board's variances granted in this neighborhood. The house is existing and there is no room to place a pool in the side yard. The front yard contains retaining walls, driveways and the sanitary system. In addition, placing a pool in the front yard is not consistent with the character of the neighborhood or desirable. The waterfront/rear yard is private, spacious, and the topography is conducive to placement of a pool. The most recent Variances are the following: 1000-33-4-3 Phillips #6500 2011: Applicant requested to demolish the existing house and construct a new house at 82.32 from top of bluff and inground pool at 65' from top of bluff. The existing structures which were being demolished were closer to the top of the bluff. The Buildable Area of this parcel is 23,058.22 and lot coverage was not an issue. The buildable area of the Phillips lot is 3,263.82 sqft. larger than the Stratakis, making lot coverage not an issue for Phillips parcel. 1000-33-1-6 Henson #6461 2011 Lot size was 29,581 and buildable area was only 14,330 sq.ft. Lot Coverage was not requested. The House was approved 55' from top of bluff, the pool was in the side yard. In one case the setback variances were granted but the Coastal Erosion Line did not appear on the site plan. Lot Coverage was calculated based on Top of Bluff, not CEHL. See 1000-33-1-15 Sadik #6787 2014 requesting an addition to existing dwelling at 41' and Pool 48' from top of bluff. The Lot Coverage was calculated at 22.7 (calculated from top of bluff not Coastal Erosion Line). Applicant eliminated lot coverage variance with a patio but "buildable area" was not calculated correctly. The Coastal Erosion Lane generally runs 25' landward of the top of the RECEIVED bluff. AUG 2 6 2022 -+ar_;� Zoning Board of Appeals (2) The benefit sought by the applicant CANNOT be achieved by so—me method feasible for the applicant to pursue, other than an area variance, because: The only available yard is the back yard, adjacent to the Long Island Sound. The proposed pool will be located the maximum distance from the top of the bluff as is practical. 62' from the top of the bluff at the closest point and 158.5' feet from the Mean High Water of Long Island sound. (3) The amount of relief requested is not substantial because: 60 feet requires a 40% variance from the setback to the top of the bluff. The proposed lot coverage is 24.6% when 20% is permitted, therefore a 43% lot coverage variance is requested. The parcel is lot 21 on the Map of Eastern Shores subdivision and the setbacks from the top of the bluff are pre-existing nonconforming. The homes and accessory structures on the neighboring parcels were developed prior to adoption of the "buildable area" application. The improvements on the parcel are consistent with the neighboring parcels. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The parcel is protected from erosion by 100' of natural stone rip rap constructed with the required regulatory permits in 1992. The land is stable and a drywell is proposed for the pool backwash. The house was constructed more than 100' from the top of the bluff and the only reasonable location for a pool is seaward of the house. The topography of the lot includes large boulders which are buried into the ground and are seaward of the proposed pool. There is adequate land and clearance from the top of the bluff, the land angles and the distance to the top of the bluff is greater on the west side of the parcel. There is an additional 15' to 20' from the proposed pool to the top of the bluff along the west side of the lot. The bluff is stable and well vegetated. The Trustees will review the f application if the Board grants the variance and they typica7-+12'3-a3 a 10'non-tuff buffer along the top of the bluff. EIV'ED 2ZoningBoard of Appeals (5) Has the alleged difficulty been self-created? ( )Yes, o The lot pre-dates the setback regulations and buildable area code. Are there Covenants and Restrictions concerning this land: X No. C Yes (please furnish cony). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET. (Please,be sure to consult your attorney.) Signature of Ap ant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn robefore me this d of , 20 otary Publ' 7 SETSYA.PERKINS Notary Public,State of New York No.01 PE6130636 Qualified In Suffolk Couni �/ Commission Expires July 1 a, L:ong EIVED OTHER APPEALS IN THE NEIGHBORHOOD: 6 2022 ard of Appeals There are numerous applications for Variances for SetbaT and fewer Lot Coverage on "Buildable Land", the law was changed in 2007 (Local Law 11-2007) Waterfront Lots in Map of Eastern Shores subdivision: SUBJECT PROPERT: Stratakis is 1000-33-4-5 (Eastern end of subdivision) Request Pool: 62' to top of bluff Beach stairs & associated decking and shed "as built" with wetland permits. Buildable Area: 19,794.4 Sqft. Existing Structures Lot Coverage: (House & Deck 4,144.4) 20.93% beach stairs with decking and shed 452 sq.ft. _ .02% lot coverage Proposed Lot Coverage: 23.4% (with beach stairs etc. 23.4 + .02=23.42% NEIGHBORS: Of the 25 Eastern Shores Subdivision Waterfront lots the following variances have been issued: 1000-33-4-1 Lestig #3366 1984 62' from the top of the bluff 1000-33-4-3 Phillips #6500 2011: demolish existing house and new house at 82.32 from top of bluff and pool at 65' from top of bluff(Greater setbacks than the existing house) Buildable Area of this parcel is 23,058.22 and lot coverage was not an issue. The buildable area of the Phillips lot is 3,263.82 sqft. larger than the Stratakis, lot coverage was not an issue for Phillips parcel. 1000-33-1-6 Henson #64612011 House 55' from top of bluff 1000-33-1-7 Palumbo #4333 1995 House 60' from top of bluff 1000-33-1-8 Gilliland #3621 1987 House 55' from top of bluff 1000-33-1-11 Tsirkas #3471 1986 house 50' from top of bluff 1000-33-1-15 Sadik#6787 2014 Addition to existing dwelling at 41' and Pool 48' from top of bluff with Lot Coverage 22.7 (calculated from top of bluff not Coastal Erosion Line) eliminated lot coverage variance with a patio but "buildable area" may have been incorrectly calculated and RECEIVED AUG 2 6 2022 Prior Decision: Zoning Board of Appeals 1000-33-1-15 Follari #35021986 House, Pool and Decks 65 from Top of bluff 1000-33-1-16 Theophilas #35071986 Denied pool at 35 and approved at 50' 1000-33-1-18 Manos: #5523 2004 approved pool in a side yard, #5893 2006 Demo and reconstruct House/pool no closer than 80' #5730; #5174 2002- denied inground pool 42' from top of bluff ks. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.L. N.Y. 11971 TELEPHONE(516)765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3502 Application Dated April 28, 1986 TO: Mr. Clarence•W: Powell ,"as Agent [A pellant s for'Mr: "Gregory Fd1'Tart WffiVED 380 .Robi,nsoft.Road,. -Box. ].1_ Greenport, NY. 11944" AUG 2 6 022 At a Meeting of the Zoning Board of Appeals held on.'J,u'ly 31 ,, T llj Board of Appeals the above appeal was considered, and the action indicated belo was �aken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ A Request for Variance to the Zoning Ordinance Article XI , Section 1.00-119.2(A)[1] [ ] Request for Application of GREGORY FOLLARI for a Variance to the Zoning Ordinance, Article XI., Section 100-119.2 for ,permission to locate new dwelling with an insufficient setback from Long Island Sound bluff. Location of Property: North Side of Sound Drive, Green- port, "Map of Section Four-Eastern Shores" Lot No. 117, Map No. 4586; County .Tax Map Parcel No. 1000=33-1-15. WHEREAS, a public hearing was held and concluded on June 19, 1986 in the Matter of the Application of 'GREGORY FOLLARI under Appeal No. 3502; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. The premises in question is located along the north si"de of Sound Drive, Greenport, is identified on the Suffolk County Tax Maps as District 1000, Section 33, Block 1 , Lot 15, and is more particular- ly referred to as Lot 117, "Map of Section Four-Eastern Shores," filed in the Suffolk County Clerk's Office as Map No. 4586. 2. The subject premises is vacant and consists of .a total area of .32,007 sq. ft., lot wi.dth of.-10O .feet and lot depth of 322.70± ft. The.shortest distance from the southerly property line along Sound Drive to the top of .bank as scaled on the April 1 , 1981 survey prepared 'by Roderick VanTuyl , P.C. is shown to be 195 feet. 3. By this application, appellant requests permission to locate a new single-family dwelling with a setback from the edge of the top of .bank at its closest point at 60 feet, from the (CONTINUED 'ON PAGE TWO) DATED: August 13, 1986. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) RECET'��FD Page 2 - Appeal No. 3502 Matter of GREGORY FOLLARI AUG 2 6 2022 Decision Rendered July 31 , 1986 Zoning Board of Appeals southerly (front) property line at 76 feet at its closest point, and with minimum sideyards of 10 and 15 feet (as provided by the Bulk Schedule-Column "A"). 4. Article XI, Section 100-119.2, sub-paragraph A(1 ) requires all buildings proposed on lots adjacent to Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff or bank. 5. As noted in the June 11 ,. 1986. Report received. .as. requested from the Suffolk County Soil and Water Conservation District, it was noted as follows: _ (a) .that 'this parce.t is vegetated with herbaceous and woody plant materials with the general slope of the land to the south; (b) that the bluff face is well vegetated from approximately 12 to 15 feet below the.. top of .bluff ,toe, which appears stable at this time, which may be contributed to numerous large boulders along the beach. 6. It is the opinion of the board members that: (a) construction should be located as far back from the bluff's edge as possible; (b). water runoff (including lawn .sprinklers, etc. ) be piped toward the south of the bluff, not to drain over the.bluff areas and to reduce saturation of the bluff face; (c) no alteration of the land within 50 feet of the bluff should occur. In considering this appeal, the board also finds and determines: (a) that sufficient practical difficulties have been shown to warrant a granting of a variance; '(b) the circumstances of the property are unique; (c) there will be no substantial change in the character of the area or detriment to adjoining properties; (d) the relief as stipulated below is not substantial in relation to the requirements; (e) the variance will not in turn case a substantial effect of increased population density or be adverse to the safety, health, welfare; comfort, convenience and order of the town; (f) the .interests of .justice will best be served by allowing a variance, as noted -below. Accordingly, on motion by Mr. Sawicki , seconded by Mr. Douglass, it was RESOLVED, that a Variance for permission to locate new single-family dwelling 'construction,, together with all future deck and pool areas, within 100 feet of the top of . bank along the Long Island Sound, BE AND HEREBY IS 'APPROVED in the Matter of the App-lication of GREGORY FOLLARI,_. Appeal No. 3502, SUBJECT TO THE FOLLOWING CONDITIONS: 1 . That all construction (new dwelling, attached decks, pool areas, etc. ) shall be permitted not closer than 65 feet from the top of bluff; 2. There shall be no disturbance of land area within 50 feet of the top of bank, except for maintenance of vegetation, shrubs, etc. 3. . There shall be no fill or materials deposited over the bluff face. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, oug a s PI'fi-S�pi't1[1_.. ber Gri goni s was absent. ) Thi s ]REOEIVED nAvND MV Sle 1 THE S�O/UTHOLD TOWN CLERK DIVE q�� d HOURo2.A,-A Z �"t1 :. ::: "I _ . . RARD P. GOEWRI.NGER, CHAIRMAN August 13,. 1986 Town Clerk, Town of Sou s , V S� ca d T dun & ofard Appeals" . Mi4tt�I .RD AD'-:STATE RQAD 25 SQLITHDCD, L.l., N.Y._ 11971 TELEPHONE{5REOEWED ACTION' OF THE ZONING BOARD OF APPEALS AU 4 6 ZOZZ Appeal No. 3507 Application. Datecl_ 'May 2; 1986. (Public Hearing May 22, 1986) I '/ TO o- Skinny Dip Pools;. Inc. a.s Agent [ D1�a�Q�j �fAppeals for Mr, Nick..Theophi•Tas. P.-.'O. Bog 108 Matt'itu'ck; '.NY 11952. At a Meeting of :the Zoning Board 'of 'Appeals held on June 25, 1986, the abovo appeal was..considered, and 'the action indicated below was taken on your [ ] Request for Variance Due to Lack bf Access to Property New York Town Law, Section 280-a [ ] Request for .Special Exception under the Zoning Ordinance . Article , Section' [X1 Request for- Variance to the Zoning Ordinance Article •XI , .Section 100-119.2(A) [ l Request for• .Application •of NICK THEOPHILOS for a Variance to .the Zoning Ordi- nance, :Article XI,. Section 100-119.2 A) for permission' to locate" swimming- ..pool with deck and fence enclosure within 100` of bluff area along Long .. Island Sound,. at 2200 Sound Drive, Greenport, NY; Lot No. 118, Map of Eas.tern .Sho'res., Section 4, County Tax. .Map Parcel No. 1000-33-1-16. W.H.EREAS, 'a public hearing was held.and.concluded .on May 223 ' 19.86 in. 'the Matter of the. Appl•ic.atton of. NICK TH.EO.PHI.LOS udder Appeal. _No.' 3507; and WHEREAS, the board members have personally viewed and are familiar with:.the premises in question,._.'its present zoning, ''and the surrounding areas; and WHEREAS, at said hearing all those who desired .to be heard were heard, 'and their testimony w_as 'recorded; and WHEREAS, the board has carefully considered all testimony.- and documentation submitted concerni;ng. this application; and _. WHEREAS, the board .made the following findings of fact: 1 .. ' The premises in question is located along the north side of Sound Drive,._ Greenport, is identified on the Suffolk County Tax Maps as District 1000, Section 33,. Block l-, Lot 16,_ and is kn.own .and Pe ferred to as Lot #118 on Map of Eastern Shores, Sectioh:��V, :f•iled March 7, 1966. 2. The subject premises consists of a total area of 33,355 sq. ft.' with frontage along' Sound Drive of•.100.0 feet; .and• average lot'-depth of 318± feet.. The iupland area between Sound Drive an-d the top of the. bank/bluff area i.s a length of approximately 215' feet. . The premises is presently improved.with an one-story, single-family - dwelling, shown by survey dated August 15, 1985 prepared by Roderick ; DATED:. June 25.,• 1986. CHAIRMAN-,' SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page .2 - Appeal. No:,. 3507 Ma'tte.r .of NICK THE.OPHILOS Uecision Render:ed, June 25;.1986 RECEIVED • . p,11G.2 6 2022 VanTuyl , P.C.. to be set back approximately 70 •.feet (exclus.iv gals of rear porch) from-the.. top of the'badk, and -approximately '5 of APP feet inclusive 'of -rear porch, at its closest points. Zoning Boa rd 3. By. this application, appellant requests permission to locate an. 18' by 36' 'wide swimmingpool with a setback at its closest: point to the..-..top, of bank..at .23 feet. The pool..as:;proposed i.s 's:how:n -to. be an .acces.sory structure at a. distance 15 feed: away :from the divelIi'ng, :a.nd' centered .6ei�areen.�bhe ;side property;lihes. :Also pr.opo.s.ed around the pool' are a three-fobt wide .wooden walkway; :wh: t would be set back not closer than .20 feet from i:ts ca^osest point to the top of-bank, _and .'a fence As. req.ui_red by- the code ,along the side .and rear. prope.rty. Tines. 4. Article�XI., Section• 100-.119.2, sub-paragraph. (A)[]] requires all. buildings proposed_._ori. lots. adjacent to Long Island Sound to be, stet back_ not less than one=.hundred (Ab) .'feet- from the top of the bluff or bank.._.: The board 'agrees that...to locate the proposed accessory building in compliance' with this setback requirement would be pjaci_ng'same in front' (to the south) "of. the existing dwelling.,_•., _ 5. It is the opinion of-the board members that (a) the pool be located as .far_'back' from 'the bluff edge as possible; (b) any draining of..the po.ol_or..discharg_e not be piped over the face. of the bluff. . In considering this appeal.,. the board also finds and deter- -mines: (a) although the percentage of relief requested from the 100' setback requirement is. sub.stanti:al , the present setback *is established at 57± feet., which is an automatic reduction of 43 _feet; (b) the placement of the pool at a point .not. closer than 30. feet from the top of bank is not unreason-able .and will not be detrimental to adjoining properties or ;chan.ge the character of the district; (c): the circumstances are unique; (d) the practical difficulties are sufficient to warrant. a conditional,,. granting of .a va.ri.ance; (e)_, the dif.fi-. culty cahnot •be obviated by some, method feasible 'for appellant to pursue other than .a variance; (f) that in view of. the. manner in which the difficulty arose and in consideration of all the above factors, .the interests of justice will best be served by conditionally allowing a variance, as noted below. Accordingly', on motion by Mr: Goehringer, seconded by Messrs. Sawicki and Grigonis, it was _ RESOLVED, that a Variance for permission to locate. accessory 'swimmingpool with wooden walkway and fence enclosure within 100 feet of the- Long Island Sound bank; 'BE 'AND HEREBY 'IS 'APPROVED. in the Matter of the Application of 'NT'CK 'THEOPHIL'DS_ under- Appeal No. 3507, SUBJECT 'TO 'THE FOLLOWING 'CONDITIONS: _ 1 . The pool and wooden walkway construction applied for shall remain an accessory structure, ,not •to be attached .to the dwelling 'or overhang- in any form. 2. The pool and wooden walkway shall .not be located closer than 30 feet to the top of- bank. 3. There shall be no obstrusive lighting,which' will 'be adverse-to-otherr properties:: 4. There shall. be no overhead lighting. 5. The fencing shall be of chainlink material .._ 6-. There shall be proper groundcover between the pool and .top of bank so as to aid in the prevention of erosion. P.a4p 3 - Appeal No. 3507 kat•te'r of NI'Ck THEOPHILOS RECEIVED Decision Rendered: June 2.5, 1986 : AUG 2 6 2022 • � eals Zoning B oard of APp 7. These be no drainage over the bluff area of wat (from.the pool., irrigation,. etc.. ) into .the Sound. 8. All fill -must be placed landward of the bluff.- Vote:o'f. the.Board: Ayes_: Messr.s. .G6ehri-tiger, Gr' ignn s., Do.u.glass; and Sawicki .. This resolution'.was .duly adopted. . (Membe.r Doyen was absent:} lk. . . . . . G:Eane.R RD P. GO•E INGER CHAIRMAN R]?CEjVE'DA!qD. MED ByTHE _ SOUTHOLD.TOWN C ax AT, 7��g� UoIIRl/,sa d: k, Towa of Sobu APPEALS BOARD MEMBERS p�� 'OG Southold Town Hall Ruth D. Oliva,Chairwoman �� y RECEIVED 53095 Main Road Gerard P. Goehringer y 1:,�r rl, P.O.Box 1179 Lydia A.Tortora Southold,NY 11971-0959 Vincent Orlando y� p! Tel.(631)765-1809 James Dinizio,Jr. �l �►� F (631)765-9064 http://southoldtown.norri ! �®Id Town Clerk BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 3, 2004 AUG 2 6 N ZBA#5523—PETER and ARLENE MANOS Zoning Board of Appeals Property Location: 2000 Sound Drive,Greenport;CTM#33-1-18 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 28,884 sq. ft. parcel has 100 ft.frontage along the north side of Sound Drive, and lot depth of 275.63 feet, Eastern Shores, in Greenport. The property is improved with a one-family, two-story frame dwelling situated at 99 feet from the front line along Sound Drive, 16-feet from the westerly side line, 18.5 feet from the easterly side line, and 61+- feet from the top of the L.I. Sound bluff. BASIS OF APPLICATION: Building Department's April 1, 2004 Notice of Disapproval, citing Code Section 100-239.4A in its denial of a building permit application concerning proposed construction of an in-ground swimming pool in the (easterly) side yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 20, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a 16' x 32' in-ground swimming pool along the easterly side of the existing dwelling, at 5 feet from the side lot line, at its closest point. No raised decks or other building construction is proposed around the pool, other than a open, sun terrace at ground level and pool fencing. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The adjoining property owner to the east of the pool location stated at the May 20, 2004 public hearing that he had no objection to the location of the pool. The pool will be screened from the road by a new front yard garage as well as other neighbors by a planting of screening along the pool on the easterly property line. ti - r Page 2—June 3,2004 -' Appl. No.5523—P.and A. Manos RECEIVED 33-1-18 AUG 2 6��3 Zoning Board of Appeals 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because if located in the required rear yard, there is insufficient area to locate the pool without a variance from the code's 100 ft. setback from the top of the bluff rule. Without the variance, the proposed pool would not be possible. 3. The requested area variance is not substantial. The side yard location is more environmentally sound than placing the pool in the rear yard area, which is closer to the top of the bluff. 4. The alleged difficulty has been self-created and is due to the applicant's desire to enjoy a swimming pool. 5. No evidence has been submitted to suggest that the relief granted will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum 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. 7. The applicant assures that there will be no drainage or flow of water from the pool or construction activities toward the bluff and that drywells will be properly installed for this purpose in the overall design planning of the project. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Goehringer, it was RESOLVED, to GRANT the variance as applied for, as shown on the 3/30/04 site plan prepared by Garrett Strang, R.A., SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall plant and maintain a row of screening the entire 32 ft. length of the pool along the east property line. 2. In the event that the applicant does not construct an accessory garage in the location shown on the above site plan, the applicant shall plant a row of evergreens the entire 24 ft.width of the pool to block it from view from Sound Drive. This action does not authorize or condone any current or future use, setback or other features of the subject-property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer,Tortora, Orlando, � hl Page 3—June 3,2004 Appl.No.5523—P.and A.Manos 1000-33-1-18 at Greenport RECEIVED AUG 2 6 20�22� Fing Board of Appeals and Dinizio. This Resolution was duly adopted (5-0). Q- , rv- A- &-, -Q,� RUTH D. OLIVA, HAIRWOMAN 6-24-04 Approved for Filing APPEALS BOARD MEMBERS �OF $�UTiy Southold Town Hall Ruth D.Oliva,Chairwoman "`ti�� ®lp� 53095 Main Road•P.O. Box 1179 Gerard P.Goehringer Southold,NY 11971-0959 Vincent Orlando c/s Nc Office Location: James Dintzio.Jr. • a0� Town Annex/First Floor.North Fork Bank Michael A. Simon Olirc®U � 5 375 Drain Road(at YaunC Avenue Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD F. f S R& Tel.(631)765-1809•Fax(631)765-9064 AL, ] 2005 FINDINGS, DELIBERATIONS AND DETERMINATIO Cou h01d T01t(t@ /E® MEETING OF JULY 21, 2005 ZB Ref. 5730—Arlene and Peter Manos AUG 2 6 2022 Property Location: 2000 Sound Drive, Greenport CTM 33-1-18 9' _013 Zoning Board of Appeals SEQRA DETERMINATION: The Zoning Board of Appeals has visited the Fe¢ consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 28,884 sq. ft. parcel has 100 feet along the north side of Sound Drive, 275.63 feet deep and is improved with a single-family dwelling. BASIS OF APPLICATION: Building Department's April 22, 2005 Notice of Disapproval, citing Section 100-239.4A(1) in its denial of an application for a building permit to construct new additions and alterations to the existing dwelling. The reason stated for disapproving the application is the construction is not permitted at less than 100 feet from the top of the bluff of bank. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 7, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants wish to add a two-ft. enlargement in the reconstruction of the existing one-story porch, resulting in a 65 ft. setback from the top of the bluff. The existing porch is shown on the 4119105 site map prepared by Garrett A. Strang, Architect, 51 feet from the top of the bluff at its closest point. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The two ft. extension is in an easterly direction and will bring the house construction no closer to the bluff than the setback that exists. 1- ' Page 2—July 21,2005 ;r RECEIVE® ZB File Ref.5730—A.and P.Manos CTM 33-1-18 AUG 2 6 2022 Zoning Board of Appeals 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 expansion is minor and the easterly side is the only option available to maintain the existing setback. A greater setback variance would become necessary if the new extension were proposed on the opposite westerly side. 3. The variance granted herein is not substantial. 4. The difficulty has been self-created based on the existing nonconformity. 5. 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. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an enclosed porch addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by Member Orlando, and duly carried, to GRANT the variance as applied for, as shown on the 4/19/05 site map prepared by Garrett A. Strang,Architect. 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, and Dinizio: (Member Simon was absent.) This Re lution was duly adopted (4-0). Ruth D. Oliva, Chairwoman 74-7W5 Approved for Filing APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer,Chairman �� 53095 Main Road Lydia A.Tortora H P.O.Box 1179 George Horning • Southold,New York 11971-0959 Ruth D. Oliva T' �! ZBA Fax(631)765-9064 Vincent Orlando �01 �►a Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD =Boa'dV�f FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 14, 2002 Appl. No. 5174-Arlene Manos Property Location: 2000 Sound Drive, Greenport 1000- 33A-1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. i PROPERTY FACTS/DESCRIPTION: The applicant's property is a 28,884 sq. ft. parcel with 100 ft. along the north side of Sound Drive at Eastern Shores, Greenport. The lot is improved with a single-family, two-story frame house situated 99 feet from the front line along Sound Drive. The lot has a depth of 275.87 feet along the west line to the Long Island Sound and 275.63 feet in depth along the east line. BASIS OF APPLICATION: Building Department's April 2, 2002 Notice of Disapproval denying a permit to construct an accessory in-ground swimming pool at less than 100 feet from the top of the bank or bluff of the Long Island Sound. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 14, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. AREA VARIANCE RELIEF REQUESTED: A variance under Section 100-239.4A(1) is requested for the amended location of a proposed accessory 16x32 in-ground swimming pool at 42 feet from the top of the bluff shown on the surrey prepared January 15, 2002, amended February 6, 2002, and offered by Catherine Mesiano Inc at the October 17,2002 hearing. The 42 ft. setback location was amended at the October 17, 2002 hearing to provide for a greater setback from the bluff at 42 feet instead of 50+-feet in the initial filing (map was also dated February 6, 2002). REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the area variance will produce an undesirable change in character of neighborhood or a detriment to nearby properties. Yes, there are no swimming pools located on the waterfront side of neighboring homes in this water front community. Page 2—November . .,2002 - Appl. No. 5174—A. Manos 1000-33-1-18 at Greenport RECEIVE® AUG 2 6 20� �� eats Zoning Board of App 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. The pool could be put in the front yard of the house, after more thought and better planning and carefully placed. 3. The requested area variance is substantial; it represents a 58% variance for a 58-foot reduction from the 100-foot bluff setback restricted area. 4. The difficulty was self-created when the applicant placed the existing house very close to the bluff. 5. Grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. If the variance were granted, the potential for damaging the existing stable bluff is great(see attached letter from the Suffolk County Soil and Water Conservation District). To build this swimming pool, large and heavy equipment are required to excavate the soil, which creates disturbances to the land near the bluff areas. Also once this is constructed,the pool is filled thousands of gallons of water which creates a constant load on the bluff and surrounding area. 6. This is not the minimum necessary. Alternatives are available to place the pool in the front yard area considering the greater setback (99 ft.) distance between the existing house and the road. RESOLUTION/ACTION: On motion by Member Oliva, seconded by Member Orlando, it was RESOLVED, to DENY the variance, as applied for. This action does not authorize or condone any current or future use, setback or other features of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringe airman , orto ming, , and Orlando. This Resolution was duly adopte -0). vo ERARD P. GOEFMINOfER, Chai an 11-26-02 Approved for filing Attachment for reference: 9-16-02 County Soil&Water Conservation District Letter. APPLICANT'S PROJECT DESCRIPTION APPLICANT: C bS-f' (,t�tnti�C�YG .� DATE PREPARED: 1.For Demolition of Existing Building Areas Please describe areas being removed: (Ai' 3p&_ lZoning IVED 6 2022 II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: K d of Appeals Dimensions of new second floor: KLIq Dimensions of floor above second level: 1�1 A Height(from finished ground to top of ridge): WA Is basement or lowest floor area being constructed?If yes,N ase provide height(above ground) measured from natural existing grade to first floor: (V p III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: .73-4 Number of Floors and Changes WITH Alterations: S' c all " a yai x 2_0 ' X 4 b no( rt7��h 6 CI T Z x IV.Calculations of building areas and lot coverage(from surveyor): C Existing square footage of buildings'on your property: Ro U 5G. 2,-7 C.fe'`t o 137$ . 8u fYt r"-- y5Z Proposed increase of building coverage: 601 If Square footage of your lot: J44 I.% 1q. 1 (cif Percentage of coverage of your lot by`building area: /o V.Purpose of New Construction: f f yug 9,-14a + n Ct"jCCCA 1Ce e�� 10 6 7- 3 / VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Lpi- &n Love -sccutcl &opriA - 6 \ aAI A C skz`Q e;lrml" 4fn M Clue 1 ►i n T_ Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION AUG 2 6 2022 A. Is the sub7ro mises listed on the real estate market for sale? Board of Appeals Yes Zoning � B. Are there any proposals to change or alter land contours? No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? L"q QCeJ &,A— 2.)Are those areas shown on the survey submitted with this application? p 3.)Is the property bulk headed between the wetlands area and the upland building area? qc— A XVVVb' ,%r1 4.)If your property contains wetlands or nd areas,have you contacted the Office of the Town trustees for its determination of jurisdiction?ID Wmi-Please confirm status of your inquiry or application with the Trustees: 04k- 7d2)&, and if issued,please attach copies of permit with conditions and p approved survey. D. Is there a depression or sloping elev on near the area of proposed construction at or below five feet above mean sea level? 1)hr W- E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? &Jb Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? K1,0 If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. C81S -CM6(oA H. Do you or any co-owner also own other land adjoining or close to this parcel?_N1 , If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel hoyy, I )3-eack 5tl Its and the proposed use--., :2U)1 a MM_1 f dC (ex: existing single AmNly,proposed: same with garage,pool or other) Auth ignature and Date FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED Office of the Building Inspector Town Hall AUG 2 6 2022 Southold,N.Y. Zoning Board of Appeals Certificate Of Occupancy No. . . . . . . .Z 13603. . . Date . . . . . . . . . .July 8. . . . . . . . . . . . . . 19 85. THIS CERTIFIES that the building . . , .one—family, dwelling. Location of Property 800 Sound Drive . Greenport 151orise No. street Hamlet County Tax Map No. 1000 Section . . . .3. . . . . . . .Block . . . . . . . . . .. . . . .Lot . . . . . . . . . . . . . . .. . Subdivision . , ,Eastern Shores , , , . . , ,Filed Map No. 402'I_ , ,Lot No. . . . .2.1. . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . November. 9 . , , , , 1982.pursuant to which Building Permit No. . . ,1.2036Z . . . . . . . . _ . . dated . . . . ,November 26 . . , , , . . . 19 .82,was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . . . . .New _one-family .dwelling•. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . . . . . . . . . . . .CHRIST & .MARY STRATAXIS� . . . . . . (orvneryP ��rJ . of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . :9 .pp-'I .9. . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . . . .:14950, , , , . , . , , , . . . . , . . . . . . . . . . . . . . . ... . . . . . . . . ... . . . . B ding Inspector ACV.1/81 • /1 AGRICULTURAL DATA STATEMENT RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD AUG 2 6 2022 Dr WHEN TO USE THIS FORM: This form must be completed by the applic cif1@t &pSlJs@eals permit, site plan approval, use variance, area variance or subdivision appro y wi in an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: O S 2. Address of Applicant: )Z /U(UZZ 3. Name of Land Owner(if other than Applicant): �ceivr.� 4. Address of Land Owner: 5. Description of Proposed Project: <, pVo -n- LO O 0 - 3-3- L4 �� (7i�(26-46 Pco� � �- 6. Location of Property: (road and Tax map number) 9-0O 7. Is the parcel within 500 feet of a farm operation? Yes o 8. Is this parcel actively farmed? es 9. Name and addresses of any owner(s) of In4NO within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. k 4. 5. 6. (Please use the back of t ' e ' there are additional property owners) 2— Signature of App icant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B FAUG�2 EIVED Short Environmental Assessment Form 6 2o2aInstructions for Completing J- Zoninq Boa1l d f A e Is Part 1-Project Information. The applicant or project sponsor is responsible for the com letion of Part . esp�i�ses� become part of the application for approval or funding,are subject to public review,and may be subject to further veri ica ion. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: CJN rt s 4 M.a n Project Location(describe,and attach a location map): S� � )61`vC J 6 ��- Brief Description of Proposed Action: 1000 — 33— 9 - Lc C6veA��, �m C E 14(� � �3 LA � Name of Applicant or Sponsor:' Telephone: `1(7, Fr 16 3S—& C_(,lei S + E-Mail: VCM COrr LT corn Address: - b-6 �c>-{-gyp n �� • 12- Cr City/PO: State: Zip Code: N\f t (no 2Z 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that Y may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: �(—�J 5y GPI 3.a.Total acreage of the site of the proposed action? ,J b9;acres b.Total acreage to be physically disturbed? O ores c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? ?j acres 4. Check all land uses that occur on,adjoining and near the proposed action. []Urban EJRural(non-agriculture) []Industrial Commercial residential(suburban) []Forest []Agriculture Aquatic []Other(specify []Parkland Page 1 of 4 RECEP 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? AUG 262 b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant ch a±t5fiRf0g® n:gfRi l ft ral NO YES landscape? x 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? x 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ® ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: � ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ® ❑ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? Y If Yes,identify the wetland or waterbody and extent of alterations i square feet or acres: /� 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: MShoreline []Forest ❑ ❑Agricultural/grasslands Early mid-successional Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? N ❑ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? R]NO❑YES ® ❑ b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: 9 NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: LI ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: F7V ❑ 20.Has the site of the proposed action or an adjoining property been the s ject of t oing o NO YES completed)for hazardous waste? �-�; a aj If Yes,describe: zeRing Board ofea I s ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Q Applicant/sponsorn ��`'�«� �/ �(d( C_ Date: y's-- �2-- Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ❑ ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑ ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ❑ ❑ affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑ ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ❑ ❑ a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, ❑ ❑ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ Elwaterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage ❑ Elproblems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. AEG 2 61022 a of RPpea\s r Zo�in9 6°a Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, ❑ that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Board of Zoning Appeals Application RECEIVED AUTHORIZATION AUG 2 6 202� (Where the applicant is not the owner) �a Board of Appeals Zoning , We, Christ Stratakis and Mary Stratakis, as owners of 800 Sound Drive, Greenport,NY 11944 (SCTM# 1000-33-04-05)hereby authorize our attorney,Patricia C. Moore,to act as our agent to apply for variance(s) on our behalf from the Southold Zoning Board of Appeals hrist StE4taki s atakis RECEIVED AUG 2 6 2022 'T_T� APPLICANT Zoning Board of Weals TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNERS AGENT) The Town of Southolds Code of Ethics prohibits conflicts of interest on the part of Town officers and employees.The purpose of this form is to provide information,which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: STRATAKIS,CHRIST,STRATAKIS,MARY AND MOORE,PATRICIA C. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance _X Special Exception If Other, name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees Do you personally,(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?Relationship includes by blood,marriage,or business interest. "business interest means a business,including a partnership,in which the Town officer or employee has even a partial ownership of(or employment by)a corporation in which the Town officer or employee owns more than 5%of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself(the applicant)and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day of Signature: Christ Str s M S takis atricia C.Moore RECEIVED Town of Southold AUG 2 6 2022 LWRP CONSISTENCY ASSESSMENT FORM Zoning Board of Appeals i A. INSTRUCTIONS 1. All applicants for permits*including Town of Southold agencies,shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program.A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law.Thus,the action should be analyzed in more detail and,if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions.If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-33-4-5 AGENT: Patricia C. Moore The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees X Zoning Board of Appeals X 1 Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: ❑ Type: Town of Southold LWRP Consistency Assessment Form 1 RECEIVED } - AUG 2 6 2a,3 Nature and extent of action: setback from Bluff& lot coverage --TO APPea'. ' Zoning Board Location of action 800 Sound Drive, Greenport NY 11944 Site acreage: Lot size on map 33,114 sqft, from CEHL buildable 19,794 sgft Present land use: House with deck Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a)Name of applicant: Chris & Many Stratakis (b) Mailing address 50 Sutton Place S,Apt. 12G,NY,NY 10022 (c) Telephone number: (917 816-3584 (d)Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No X If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. Yes X No ❑ Not Applicable ❑ Discussion (if appropriate): . the application is to add a swimming pool to an improved parcel located at Lot 21 in the Eastern Shores Subdivision. The setbacks of existing structures is based on the filed may and applicable zoning in 1985 when the house was constructed. The neighborhood is developed with similar homes and swimming pools adjacent to the top of the bluff. The lot area was reduced when the code was changed eliminating the buildable lot size to only the area landward of the CEHLine. The proposed pool is set back as far back as is practical. The land is protected by large boulders in the rear yard,the toe of the bluff is armored and the bank is naturally vegetated. The pool water will be collected in a properly designed drywell landward of the pool. The beach stairs, deck and shed have a wetland permit. (Trustees permit#4420) Town of Southold LWRP Consistency Assessment Form 2 Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for eval ation ck� VED Yes ❑ No ❑ Not ApplicableX AUG 2 6 2022 Discussion (if appropriate): " 3 Zoning Bda ? ppeals A Policy 3. Enhance visual quality and protect scenic resources throughout Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria Yes ❑ No ❑ Not ApplicableX Discussion (if appropriate): NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria Yes X No ❑ Not Applicable ❑ Discussion (if appropriate): the proposed pool is set back the maximum practical distance from the top of the bluff. The existing deck is being modified to reduce the size and reduce the lot coverage variance required. The naturally occurring boulders provide additional protection to the property. Policy S. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III-Policies Pages 16 through 21 for evaluation criteria Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III- Policies; Pages 22 through 32 for evaluation criteria. Yes No ❑ Not Applicable X Discussion (if appropriate) Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III- Policies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages; 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): Town of Southold LWRP Consistency Assessment Form 3 a Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III-Policies; Pages 34 through 38 for evaluation criteria. 44-;� D Yes ❑ No ❑ Not Applicable 22 DISCUSSiori (if appropriate): � PUBLIC COAST POLICIES Zoning Board of Appeals Policy 9. Provide for public access to, and recreational use of, coastal waters,public lands, and public resources of the Town of Southold. See LWRP Section III-Policies;Pages 38 through 46 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. See LWRP Section III-Policies; Pages 47 through 56 for evaluation,criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the P.econic Estuary and Town waters. See.LWRP Section III-Policies; Pages 57 through 62 for evaluation criteria. Yes No ❑ Not Applicable X Discussion(if appropriate): Policy 12. Protect.agricultural lands in the Town of Southold. See LWRP Section III- Policies; Pages 62 through 65 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion(if appropriate): Policy 11 Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion(if appropriate): Town of Southold LWRP Consistency Assessment Form 4 v a C:D I . . r . L -.-' L_ LJI N• i ( Qo ddlL [ram �! , � f • �� ,';� � Xis. t �Y.4, "� •t .. A in 'M— r . aR i— oA i 1 1 r- y� �- J K RE AUG 2 6 2022 Z10�11 peals >> + �. �. "ry IT .. � ■ rat �'�!'Y. + •i 1' rir ��'. >v, r "ANAV AG 2 6.2022 . F 12onang Board C r 7a= 1- ••e -4Y. t6J� - I i v,. A\�'�o r becpC-1 I-Ati I rs per A;,&t l f r,. 1� ♦!? 1J Y4 y/� �'i ^S ��{+' '"nitff55:: �4�i 41� Ca. � - �y >. �, L; ye1,: Y��ey/.E ,l�-:.�}I �{4 �9��'♦`�� i�1L�s� }"•,, � } � .. � ;r. c •L 4 � `� +,rp 1'?4.) '�/y`7 t• 'Et '��..�:jjYyi�,°1�, !�.��/�4�5 �'� � 4 :4�^•` •♦ .yy d S.je !. �. - ��i• yam, 13 r° f"�,!�c'� !"��`'.. ^"t. �i�',"i •{ �a,, r. .r ,�,. r. .r� ,11'1. .�,CR�• �yy�(V: RECEis, 1 AUG 2 6 2022 i � A3 Zoning Board of Appeals m low Nip • � : t ;,a 't l",�� TOWN OF SOUTHOLD PROPERTY )WNER STREET VILLAGE DIST. SUB. V' LOT j =ORMER OWNER N E A S TYPE OF BUILDING _x - --- - =5. . > IQ SE S. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS co G 7— a t /Ve =-- TO p _ - �5f1 ✓ 3 c. o >o , ► ', o�� 5 8 r 3-1 OK BUf IN� C I1' a rwi5 NEW NORMAL BELOW ABOVE t� FARM--- Acre Value Per Value Acre Ln c rnn 'illable 1 -- - 'illobleT SR 2 `mon - N illable 3 CD wompland FRONTAGE ON WATER -- � : a , rushland FRONTAGE ON ROAD louse Plot DEPTH -- BULKHEAD DOCK OCK .,- COLOR TRIM VA. Bldg. Foundation Bath Dinette xtension /2 = Basement Floors K. xtension '' Ext. Walls Interior Finish LR. xtension Fire Place tHeat DR. Type Roof CWA (I —Lnt— Rooms 1st Floor BR. X29 — Recreation Room Rooms 2nd Floor FIN. B. r k5 t X ZS .c{Z.v ___....._._. Porch 7 '7O (Dormer Breezeway Driveway Garage 0 3( :3 Patio ----- —— _ ------ — 07 rn a M o — rn Total 7 r) 1 V.1 p cD o, r { 3 ZBA CHECK FEES - 2022 Funding Account - B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 9/6/2022 Orlofsky,Sam 7720 $1,000.00 2244, 2247 9/19/2022 8/26/2022 Eckstrom-Saavedra 7722 $500.00 2114 9/19/2022 8/26/2022 Stratakis, Christ SM $1,750.00 2246 9/19/2022 9/9/2022 Castano,Jose 7724 $500.00 277 9/19/2022 9/12/2022 Fritze Fishers LLC 7725 $500.00 4994 9/19/2022 9/13/2022 Kiely,Julia 7726 $1,000.00 320 9/19/2022 9/14/2022 Barnard,Thomas 7727 $2,500.00 1015 9/19/2022 9/14/2022 Holobigian, Paul 7728 $500.00 10965 9/19/2022 $8,250.00 RECEIVE® SEP 19 2022 Southold'Town Clerk 7 i -.vn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 09/20/22 Receipt#: 305871 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7720 $1,000.00 1 ZBA Application Fees 7722 $500.00 1 ZBA Application Fees 7723 $1,750.00 1 ZBA Application Fees 7724 $500.00 1 ZBA Application Fees 7725 $500.00 1 ZBA Application Fees 7726 $1,000.00 1 ZBA Application Fees 7727 $2,500.00 1 ZBA Application Fees 7728 $500.00 Total Paid: $8,250.00 Notes: Payment Type Amount Paid By CK# $8,250.00 Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Moore, Patricia 51020 Main Road Southold, NY 11971 Clerk ID: JENNIFER Internal 10: 7728 lv) �I Eabae A A VARIANCE REASONS. V06 (1) An un ' will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: • This parcel is Lot#21 in the Eastern Shores subdivision. • The family has owned the property since 1975. The owners request a pool because it is a customary accessory structure for this community and the owners, their grandchildren and children will enjoy the benefits of a pool. • The waterfront lots in this neighborhood appear on the Map of Eastern Shores subdivision, this home was developed prior to adoption of the regulations. The Coastal Erosion Hazard Line bisects the parcel and severely reduces the lot size for the lot coverage calculation. The lot coverage is now calculated based on a "lot size" of 19,794.4 sq.ft. (A loss of 13,319.6 sq.ft. seaward of the Coastal Erosion Line). The house and decks are existing, built in 1985, the house is conforming to the 100' setback to the top of bluff. • The house and decks attached to the house have a Certificate of Occupancy • The proposed residential accessory structures are a typical request and do not change the character of the neighborhood or affect in any way the neighborhood. • The staircase to the beach was constructed with platforms and a small 7' x 7' storage shed. (top platform is on grade- not part of the notice of disapproval) No building permit was required when the Trustees and NYSDEC approved this staircase and the shed. The staircase and shed are one integrated structure. The building department is requiring a variance for the existing structures, built with the wetland permits which were required at the time. • (Confirmed with the building department on 2/1/23) Beach stairs do not get building permits, and the platforms/decks are part of the staircase. Removing any part of the staircase, deck, or shed would disturb the existing natural topography that holds up these structures and may impact the bluff more than leaving the structures in place, as approved by the Trustees and DEC constructed. • Platforms/decks on a bluff do not get building permits (confirmed by email with the building department)-see email • The Notice of Disapproval includes the deck/platform & shed (7.3 x 6.7= 48.91). Sheds under 100 sq.ft. do not require building permits, decks on the bluff are not attached to a building therefore Zoning Code excludes this. (see code language) • The lot coverage is consistent with the character of the community and immediate neighborhood. • A pool is a customary accessory structure in a residential community. • In an effort to be more conforming- I asked the surveyor to revise the plan. We would remove 308 sq.ft. of the existing deck in order to reduce existing lot coverage,attach the pool to the deck and relocate it to the west to increase setbacks to the bluff. • Revised survey (alternative relief) • The attached sheet contains the bluff setback variances in the neighborhood which are numerous. Lot Coverage variances are fewer because the code changed in 2007 requiring the lot coverage to be calculated from the "buildable area". Many of the variances were granted before the code changed excluding land seaward of the CEHLine. The subject application is consistent with the Board's variances granted in this neighborhood. The house is existing and there is no room to place a pool in the side yard. The front yard contains retaining walls, driveways and the sanitary system. In addition, placing a pool in the front yard is not consistent with the character of the neighborhood or desirable. The waterfront/rear yard is private, spacious, and the topography is conducive to placement of a pool. • There is a large bolder between the top of the bluff and the house/proposed pool....this bolder is original to the topography of the property and will not be affected by the proposed structure. The most recent Variances are the following: 1000-33-4-3 Phillips #6500 2011: Applicant requested to demolish the existing house and construct a new house at 82.32 from top of bluff and inground pool at 65' from top of bluff. The existing structures which were being demolished 4� were closer to the top of the bluff. The Buildable Area of this parcel is 23,058.22 and lot coverage was not an issue. The buildable area of the Phillips lot is 3,263.82 sqft. larger than the Stratakis, making lot coverage not an issue for Phillips parcel. 1000-33-1-6 Henson#64612011 Lot size was 29,581 and buildable area was only 14,330 sq.ft. Lot Coverage was not requested. The House was approved 55' from top of bluff, the pool was in the side yard. In one case the setback variances were granted but the Coastal Erosion Line did not appear on the site plan. Lot Coverage was calculated based on Top of Bluff, not CEHL. See 1000-33-1-15 Sadik#6787 2014 requesting an addition to existing dwelling at 41' and Pool 48' from top of bluff. The Lot Coverage was calculated at 22.7 (calculated from top of bluff not Coastal Erosion Line). Applicant eliminated lot coverage variance with a patio but "buildable area" was not calculated correctly. The Coastal Erosion Lane generally runs 25' landward of the top of the bluff. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The only available Y.1pis he back yard, adjacent to the Long Island Sound. The proposed pool ill be I cated the maximum distance from the top of the `-� bluff as is practical 62' fro the top of the bluff at the closest point and 158.5' feet from the Mean igh alter of Long Island sound. A REVISED PLAN- if the Board wants to push the pool back and have it attached to the house, this option has been prepared by the surveyor (3) The amount of relief requested is not substantial because: 60 feet requires a 40% ianc from the setback to the top of the bluff. The proposed lot coverage s 24.6% when 20% is permitted, therefore a 43% lot coverage variance is r ueste . The parcel is lot 21 on the Map of Eastern Shores subdivision and t setbacks from the top of the bluff are pre-existing nonconforming. The homes and accessory structures on the neighboring parcels were developed prior to adoption of the "buildable area" application. The improvements on the parcel are consistent with the neighboring parcels. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: • The parcel is protected from erosion by 100' of natural stone rip rap constructed with the required regulatory permits in 1992. • The land is stable and a drywell is proposed for the pool backwash. • The house was constructed more than 100' from the top of the bluff and the only reasonable location for a pool is seaward of the house. • The topography of the lot includes large boulders which are buried into the ground and are seaward of the proposed pool. There is adequate land and clearance from the top of the bluff, the land angles and the distance to the top of the bluff is greater on the west side of the parcel. There is an additional 15' to 20' from the proposed pool to the top of the bluff along the west side of the lot. The bluff is stable and well vegetated. The Trustees will review the application if the Board grants the variance and they typically require a 101non-tuff buffer along the top of the bluff. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X )No. The lot pre-dates the setback regulations and buildable area code. Are there Covenants and Restrictions concerning this land: X No. C Yes (please furnish cony). Zoning Board Does Not Jurisdiction to review the platform attached to the bulkhead. Zoning Definitions of 280-4 DECK Construction attached to a building open to the sky with floor materials built at an elevation above natural grade. Decks are required to have building permits before construction. A platform associated with a bulkhead does not meet the definition of a "deck" since it is not attached to a "building" PATIO A flat, leveled structure attached to a building by steps, or other construction, and having a base floor area at or below natural grade and open to the sky. A "patio" structure below or at grade is not deemed to be a deck or porch and shall not require a building permit. New step areas to patios, decks, porches, breezeways, etc., will require a building permit. Any other "patio" or similar structure constructed above natural grade also requires a building permit. [Added 5-31-1994 by L.L. No. 10-1994] Wetland Ordinance 275 definitions: COASTAL CONSTRUCTION The repair,modification,reconstruction or new construction of structures, including but not limited to bulkheads, docks, floats, jetties, groins, catwalks, stairways, decks, revetments, any erosion or water control device. Included in this definition is landscape design, landscape architecture, the installation or maintenance of lawns, hedges, trees and other plantings or structural elements such as patios, decks, retaining walls, in-ground irrigation systems, or other work in and around wetland areas which requires a permit pursuant to this chapter entitled "Wetlands and Shoreline" or Chapter 111, Coastal Erosion Hazard Areas, of the Town Code. [Added 11-8-2017 by L.L. No. 16-2017] DECK A structure and/or platform without a roof that is either freestanding or attached to a building supported by pillars and/or posts constructed of various materials. DECKING Horizontal structural components of a dock, deck, pier or other shoreline structure intended to be walked upon. PLATFORM See "deck." 2/1/23,11:26 AM Moore Law Group Mail-RE:Bamard 1000-81-3-7 OIL . , 111 Gil lan Patricia C. Moore <pcmoore@mooreattys.com> 1 message S (I�Qi 641s' ton Dwyer, Nancy <nancy.dwyer@town.southold.ny.us> Tue, Jan 31, 2023 at 8:34 AM To: "Patricia C. Moore" <pcmoore@mooreattys.com> Cc: Betsy Perkins <Betsy@mooreattys.com> Good morning Pat, I went over this with both Mike and Amanda this morning. If the deck was seaward of a true bluff (by definition) then we would not issue an NOD for it and it would just be a Trustee determination. The original survey with bulkhead showed this as a stair down the embankment to a landing, with additional stairs continuing do the bulkhead. This deck is no longer considered a landing because of the size. hile neighboring properties may have something similar, they have never een in to the building department to legalize any of them, therefore they haven't been sent to zoning. On the Trustee determination for property 81-3-15.2 it clearly states that no permits / CO's were found for the deck and cabana. Unless they were directed to legalize it (or anything else on the property) we do not have any way of forcing them to address it. There is a prior determination for a similar deck, ZBA#6995, located in Laurel, which may be helpful for your hearing. -Nancy Nancy Dwyer Building Inspector Town of Southold Building Department Annex Building 54375 Main Road Southold, NY 11971 hftps://mail.google.com/mail/u/1/?ik=4fbd6c8d9O&view=pt&search=all&permthid=thread-a%3Ar4996923069820498056%7Cmsg-f%3A1756545213694... 1/3 2/1/23,11:26 AM Moore Law Group Mail-RE:Bamard 1000-81-3-7 (631) 765-1802 From: Patricia C. Moore <pcmoore@mooreattys.com> Sent: Monday, January 30, 2023 6:13 PM To: Nunemaker, Amanda <Amanda.Nunemaker@town.south old.ny.us>; Dwyer, Nancy <nancy.dwyer@town.southold.ny.us> Cc: Verity, Mike <Mike.Verity@town.southold.ny.us>; Betsy Perkins <Betsy@ mooreattys.com> Subject: Barnard 1000-81-3-7 HI all- a notice of disapproval was issued for a deck on the bulkhead (NOD- rear yard setback of accessory structure). The rear yard on a waterfront parcel is typically the mean high water...but that changes daily (according to surveyors). When it was built the old survey was used (1960's MHW), our current survey is the MHW on the date the survey was prepared. In my research preparing for the ZBA hearing almost every house has a deck landward of the bulkhead but I found no variances for identical decks on the bulkhead ( I researched the entire waterfront of 2000'feet). However, all these decks had Trustees permits. I prepared an outline of all the Trustees permits issued for decks on the bulkhead along Paradise Point Road. attached outline. the Trustee permits (issued mostly when their bulkheads were replaced or after storm damage). I agree that a Trustee's permit is required....but these are decks associated with beach stairs or bulkheads. When did the code change? The Trustees still issue decks & beach stairs (decks no greater than 200 sq.ft.) landward of a bulkhead. this issue should not be in a notice of disapproval if the code has not changed. httns://mail.aooale.com/mail/u/l/?ik=4fbd6c8d90&view=Dt&search=all&Dermthid=thread-a%3Ar4996923069820498056%7Cmso-f%3Al 756545213694... 2/3 CHECK BOXES AS COMPLETED / ft pg? f C(b 11117 1 o1 Djjv J ( ) Tape this form to outside of file �. ( ) Pull ZBA copy of ND ( ) Check file boxes for priors ( ) Assign next number on li o 0 a outside of file folder �. `•° y ( ) Date stamp entire origin fife riumber ( ) Hole punch entire origina m .n -o CD -0 3: oo oo co (before sending to T.C.) x o c p �- G) o o' ( j Create new index card -' (D o m m GLVI o { •j Print contact info &tape t z X D N { j Prepare transmittal to Toy W -< .�, CD 0- -�Send original application w N co ~' c) 0 to Town Clerk Cep ( ) Note inside file folder w/p; M. �° N `< and tape to inside of folder a� ( ) Copy County Tax Map; higl ( �- Neighbors and AG lots ( j Make 7 copies and put witl n• so ( ) Do mailing label rn co t , ,rsc ire r i� ....waFE, a,, K4 1W Au-)e) EAR, Pw e2/ Xi4)� Zl 6�6420-Ir r. _�wig- �e//��.�� 'v ?� ��i�� ,• _ -•ter�'ef�E'AJPr.�l6- mJE'_,.✓ T ' NE4J Jfj?pL, �Cp�d•_�C'�e_' ' �l�ALTet�•d_gTa� STo - X�BN£",t"V JQS JYD.a J/-JEd, �L /,/ /9�j1e,C'if�iFi✓6 /j7L1_ lUl7-,y BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O*0 so, 01 53095 Main Road•P.O.Box 1179 y, p Eric Dantes Southold,NY 11971-0959 Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing %`�'p! �� 54375 Main Road(at Youngs Avenue) 'Y -� Southold NY 11971 Kenneth Schneider CQ�My,N _ r http://southoldtown.northfork.net ECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD f� Tel.(631)765-1809•Fax(631)765-9064 10'V 2 11 2016 FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 17,2016 Southold Town Clerk ZBA FILE: 6995 NAME OF APPLICANT: Joseph and Linda Sciotto PROPERTY LOCATION: 8380 Peconic Bay Blvd., Laurel,NY SCTM No. 1000-126-11-20 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 2, 2016 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 October 24,2016. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as well as the records available, it is the LWRP Coordinator's recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. The report expressed concerns with possible storm surge damage resulting from inadequate setbacks and the need to comply with Southold Town Trustee regulations and agency recommendations. With the conditions imposed herein, the Board of Appeals now finds the proposed action is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The applicant's property is a nonconforming 30,959 sq. ft. parcel located in an R-40 Zoning District. The property has frontage measuring 104.21 feet along Peconic Bay to the south and measures 100 feet to the north fronting Peconic Bay Boulevard. The easterly property line and the westerly property line, adjacent to residential parcels measure 328.17 feet and 333.51 feet; respectively. The parcel is improved with a two story frame single family dwelling and a detached garage as shown on a survey/site plan prepared by Michael W. Minto,L.S.P.C., last revised June 10,2016. BASIS OF APPLICATION: Request for Variance(s)from Article III,Sections 280-15 and the Building Inspector's June 22, 2016, amended July 28, 2016 Notice of Disapproval, based on an application for a building permit to construct an accessory deck, at:l) less than the code required rear yard minimum setback of 10 feet located at 8380 Great Peconic Bay Blvd.. (adj.to Peconic Bay),Laurel,NY SCTM#1000-126-11-20. Page 2,November 17,2016 #6995,Sciotto SCTM No. 1000-126-11-20 'RELIEF REQUESTED The applicant is requesting a variance to construct an accessory deck between a landward retaining wall and a seaward bulkhead at 0 (zero) feet from the rear property line where the code requires a minimum setback of 10(ten)feet. ADDITIONAL INFORMATION: The survey/site plan, dated August 9, 2016, incorrectly indicates that the proposed deck replaces a deck and steps shown on the Trustee Approval Site Plan of June 20, 2007. The Trustees confirm that no such approval exists, and that the aforementioned approval relates only to the upper retaining wall and the lower bulkhead which include a condition that a 10 foot non-turf buffer be situated landward of the retaining wall. According to the Town regulations and affirmed by Trustee's office staff, the applicant will be required to make application to the Town Trustees prior to the issuance of a building permit. At the hearing the applicant's agent stated that the proposed deck would be 2(two)feet from the rear property line and that he would obtain an amended Notice of Disapproval. In a letter dated November 9, 2016 and stamped received by the ZBA on November 14, 2016, he corrected that information to make clear that the deck is proposed at 0 (zero) feet from the property line and 2 (two) feet from the as built bulkhead. Since the hearing had been closed subject to receipt of an amended Notice of Disapproval, on November 17, 2016, the Board reopened the hearing to rescind that requirement and to accept into the record the agent's letter. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The.Zoning Board of Appeals held a public hearing on this application on November 3,2016 at which time written and oral evidence were presented. Based upon all testimony,documentatigp,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1).I Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. . The subject property-contains a landward wooden retaining wall and a seaward wooden bulkhead with beach sand in-between, where the proposed deck is to be located. This configuration is common on improved waterfront properties on the seaward side of Peconic Bay Blvd in Mattituck and Laurel, including the lot that is adjacent to the subject property, which has a legal C.O. for a deck and stairs, that are similar to what the applicant proposes. 1. Town Law 6267-b(Nb)(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 rear property line is located two feet latdward of the as built bulkhead. The space between the rear property line and the as built landward retaining wall is approximately 11 feet; so any deck located in that area would be non-conforming and would require variance relief. 3. Town Law &267-b(3)(b)(3). The variance granted herein is mathematically substantial representing 100% relief from the zoning-code..However, typically properties along the bay from Sigsbee Road to Laurel Lane have similar decks, retaining walls, bulkheads and stairs to the beach.Moreover,Trustees approval is required. 4. Town Law 12674(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. The sandy area between the landward retaining wall and seaward bulkhead runs the entire width of the subject property and serves as a non-turf buffer, most of which will be retained after the proposed deck is built. 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. Page 3,November 17,2016 #6995,Sciotto SUM No. 1000-126-11-20 6. Town Law §267-b. Grant of the requested relief for a wood deck with a 0 foot setback from the rear yard lot line is the minimum action necessary and adequate, since most of the neighborhood has this type of access stairs and a landing deck, which will enable the applicant to enjoy the benefit of access stairs and a landing 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-B, motion was offered by Member Goehringer,seconded by Member Horning, and duly carried,to: GRANT the variance as applied for and shown on a survey/site plan prepared by Michael W. Mito, Land Surveyor and dated June 10, 2016, and the proposed deck and steps to the beach shown on an elevation/section drawing prepared by Mark Schwartz,AIA labeled A-1 dated August 9,2016. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Compliance with Chapter 268 Waterfront Consistency Review and Chapter 275 Wetlands and Shoreline of the Southold Town Code. 2. The applicant shall install a 10 foot wide non-turf buffer landward of the wood (upper) retaining wall for the entire width of the subject property 3. Approval of the Board of Town Trustees 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 buildingpermit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. 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), Schneider, Dantes, Horning, Goehringer. This Resolution was duly ado ted(5-0). law < cz Leslie Kanes Weisman,Chairperson Approved for filing ///d/ /2016 - �� YI '�Ililllll�' FINAL MAP _ iin • SIR 111�0:0i" w,w �r�-1lww��w;littf"�w�ww'r t�!'-.'1iJ.'wl�!'Ir•Lwww•f1��'�?!►_._ •�.��► �,�i�� `.•:www��W�r7iw� ■ll�;tr�—��w.��wii�r-1■�1 �� }Ir•�t1�� r�� v �� _ �Illil�'��.�r�4 �� Ans1�,JI9I;ww • �IIII V,15 ill H lil,�ti'i �;fili ; ; . ; ! 11�1 �1;11111 j� �l!r 1111 1Ion, '''I''1■ l' 1!1i1!1'1�, I111\-a it 11111!1i ''i1�'i'111 lip � �!�INi ■I■i■Imin ' SENSE ■i.Il1Lim miml.o .! .NINE'■' i�.i■I■.,.[ limimim'm NINE��'�I' em IS am a I 1R M ml I aim ARID 647 m��e�'wmxw Iowa raWw 7,os w ra�1ca 7a1c muuna"w MI.I•awA�111[IG7 w®4p�iL 0,�� roe9nm 7rK awua,or a ea.eowW Am"lam as a wn nu can �a a180 PeWne 64 Binkmd oaawlm mmm laax auu aw wn W M ruSw Iw ne,M Mrt7 e,wou7m wm w w m91s W ns Ime naarr,owa7mrr aaer Ira u7wa 1emumv wIW wmt yea SIMIkMf NA W,�M,.a f1 NS We�aYl[ JV M aC1mK A 1W FI R n1 Area-30,959 s!. 01 Lot Coverage Calculations(s!) Edsbng Proposed Q16Resdenee 2003 Residence 2003 �Oe 0aroge 332 Golaga 332 Sheds 152 Sheds 152 ' y30 0eda Sao Desks 3173 Shower 30 Shower 30 Pool Total 3497 Pabo 1056 s Of 11 3x euMeed Dock 196 Total 4654 . •••YYY or 15 0% CD oJ, MrpSS t L 4 , -- 1 2. i 'Y �•`yi � pd a a A i Q Nd°t;l� A'k P \ C \� A 0 \\ RECEIVED •� i\ a AUG 10 2016 � \\ d lois. \ Qpl ZONING BOARD OF APPEALS Q � Yp Q µ \ ofc�H o, a 0a ea y les �atfol � µ • Survey/Site Plan for Joseph and Linda Sciotto Shot.atMa s! 6 a Wat J e5 MattRuck Town of Southold �,�cp\�► � ,e� �`'� Suffolk County, New Yolk ae f°s �M�' �.`P �d District 1000 Section 126 Black 11 Lol 20 d `d �-4" _ Scale I"= 20' Site Plan prepared June 10, 2016 o• jzo �e �� Surveyed September 1B, 2014 �a i %` *�J `•.. y GRAPHIC SCALE a (a 1 ma.Sp IS E� 1oae� s.�M1 O Pam \°` Michael W. Minto,'L.S.P.C. ucaam wWFESSIN u wW avMOow p et a ,w � C NON wsex SGTe 1!d)ISc mum=osoail m E 8 Bell Coart Laka Ronkonkoma, N.Y. JJ779 pN 9* �`.�''� �y fib• ��J nawtfm(my)seo_12a2 CSAVWI(01)7a8-9714 -5 Lti1 ELM m4.•n.Myrploymoeew, _ FINAL MAP REVIEWED BY ZBA I - 1 ,7r ►- ; 3:on 4W5 Irg i 1_I L i17 •Aa( ..J Ke �;, of Soar OFFICE LOCATION: �� g'O� MAILING ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 Southold,NY 11971 (cor.Main Rd.&Youngs Ave.) CM Southold,NY 11971 O ® �Q / Telephone:67 T-3136938 �/ Fas:631 6 13 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVED OCT 2 4 2016 MEMORANDUM ZONING BOARD OF APPEALS To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From. Mark Terry, LWRP Coordinator Date October 24, 2016 Re. LWRP Coastal Consistency Review for JOSEPH AND LINDA SCIOTTO#6996 SCTM#1000-126-11-20. JOSEPH AND LINDA SCIOTTO#6995 -Request for Variance(s)from Article III, Section 280-15 and the Building Inspector's June 22, 2016, amended July 28, 2016 Notice of Disapproval based on an application for a building permit to construct an accessory deck, at; 1) less than the code required rear yard minimum setback of 10 feet, located at:8380 Great Peconic Bay Boulevard, (Adj.to the Peconic Bay), Laurel, NY. SCTM#1000-126-11-20. The proposed action has been reviewed to Chapter 268,Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the actions are INCONSISTENT with the Policy Standards and therefore are INCONSISTENT with the LWRP. Policy 4.1 Minimize losses of human life and structures from flooding and erosion hazards. A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. Tropical Storm Sandy damaged the property between the bulkhead and retaining wall where the proposed deck Is to be replaced. The applicant received a Hurricane Sandy Emergency Permit from the Board of Trustees in 2013 to repair the damage. The probability of storm surge capable of damaging and/or resulting in loss of the proposed deck structure in the future is high due to inadequate setbacks necessary to mitigate wave damage. Policy 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. A Wetlands Permit for the existing deck was not found. A Wetlands Permit(6623)was issued for the property in 2007 that required the installation of a non-turf buffer landward of the retaining wall as a condition of the permit to replace the upper retaining wall and bulkhead. The buffer is not in place. In addition the landowner(at that time)applied for a Hurricane Sandy Emergency Permit due to the damage sustained in 2013. Storm damage included loss of lawn through erosion and scouring of soil between the bulkhead and retaining wall to the tie rods Therefore,the potential future damage and/or loss of the proposed deck structure between the bulkhead and retaining wall is high In the event the action is approved the following is recommended: V Verify if the platform complies with the below Chapter 275 section. The total square footage of the platform is not clear and should be calculated Is the platform associated with a stair? The platform is not landward of a top of bank(armored). ,LPlatforms. [Amended 10-11-2005 by L.L. No. 17-2005; 10-9-2012 by L.L. No 12 2012] (a) Platforms associated with stairs may not be larger than 100 square feet. [Amended 1-29-2013 by L.L. No. 1-2013] M Platforms may not exceed 200 square feet and must be landward of the top of bluff. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. �q�!5Cc: William Duffy,Town Attorney E RECEIVED ®cy 2 4 2016 ZONING BOARD Of APPEALS 'sJi;.r � "� * -'P</.s .a %.•' Y"`-<`". r..; y;� � >:';�`r''�'�i'X,7., ia:v'"'� ss�^-%`" 4� .%M1 �"��"`...: s�� ''''. oard Of Southold Torn - Trustees PERMIT NO. ... ....3° DATE: .4! y, 29 1992 i* a0 ISSUED TO Christ .Stratakis _ ..................................................................... .... ..... .. ...... ...... . �•,; �- �� :off , <�.:' . t � Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the �M State of New York 1952; and the Southold Town Ordinance eh- ' titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and she REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS:" and in accordance with the Resolution of The Board adopted at a meeting held ore ......•��ay.. Za.... q. _.. Fy i. 19...92.., and in consideration of the sum of $...150.00 .. ... paid by �:1 .. C:saxist..Str.ataki ... ......... ................... ................... ........... ... ,}�V Ig.. • of ........................................................................................ .N. Y. and subject to the. ,� 1 Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: to construct 100 feet of natural stone rip-rap seawall at the toe r of the bluff. All in accordance with DEC Permit. 1 94,�J ;3 all in accordance with the detailed specifications as presented in 7 r ' I the originating application. ; z IN WITNESS WHEREOF, Ike said Board of Trustees here- c ; r by causes ils Corporate Seal to be affixed, and these presents t® Ise subscribed 6y a majority of th said Board as of this date. �p .. r ra - i Sa 4T es ....... ............... I :a. .` s `r". ,�_ � 7�a,,=-"-!�':•,�`„?= �=°^:m,s. �ir..i _,ram�;Za.. `��:a+::�:r;_.__ ,;. •",:�..� • .✓ssr;?�::s:eb,°� :.:rd.r�;..��cs;%'.uti:.��r�a si.f s.d'.r-v>7:c' .:4�:tE�i.a,; A�: ; -:. Nam"'.�'� :.r - /.-[*��`- �� -/��; �..�� ,yJ/.-` � •„ .�I ':1 elf!"�� 4 !.�.'`�'� .::r�5 L'?'`' er.. 'i:;y� ;;�. k',c '�^S.k�,:` _�<.. ,..n.r rix� � x�.•;. ._.tr��e I I I TRUSSES SUPERVISOR John M. Bredemeyer, III, President ,4 �� SCOTT L.HARRIS Albert J. Krupski, Jr.,dice President Henry P. Smith � � Town :Hall John $. Tuthill �` 53095 Main Road Williarin G.Albertson �� P.O. Box 117.9 Southold, New York 11971 leohone (516) 765-1892. Fay(516)765-1523 BOARD DE TOWN TRUSTEES TO";VN OF SOUTHOLD i ecii;fi;: .- COASTAL EROSION -MANAGEMENT- PERMIT Permit umbex: 33-4-5 Name of Applicant/Agent: Name of,,Permittee:•; Christ Stratakis Address of Permittee: 237 Park Lane, Douglaston, NZY 11363 Property Located: SCTM 41000-33-4-5, •800 Sound Drive, V reenport 6 I DESCRIPTION OF ACTIVIT`Z: to construct 100 feet of natural stone rip-rap seawall at the toe of the bluff. - All in accordance with DEC permit.. Date of permit issuance: May 29, 1992 This permit is valid for a period of two years from the date of issuance. SPECIAL CONDITIONS Bluff restoration through a re-vegetation agreement is attached hereto and is a necessary special condition of this permit. A relocation agreement is attached hereto and is a necessary special condition of this permit. xxx A -maintenance agreement is attached hereto and is a necessary special condition of this permit. Approved on May 28, 1992 by resolution of the Board of Trustees. I TRUSTEES .. ;:�.• ... �' SUPERVISOR Joan M. Bredemeyer;Ili, President . �� SCOTT L.HARRIS, Albeq J.Krupski,Jr.,`lice President Henry P. Smith � � Town hall John B. Tuthill 53095 Main Load Walliam G. Albertson �,� �� P.O. Box 1179" Southold, New York 11971 �le}�abne (516) 765-1892 fax(516) 765-1923 BOARD OF'TOWN TRUSTEES TOWN OF SOUTHOLD l July 8, 1992 Christ Stratakis 237 Park Lane Douglaston, N)Z 11363 Re: Christ Stra.tskis SCTIM #1000-33-4-5 Dear Mr. Stratakis: "a The following actbon was taken by the Board of. Town Trustees during , its regular meeting -held on May 28, 1992 regarding the above WHEREAS, Christ Stratakis applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Tmv - of." Southold, application dated April 28, 1992 and, WHEREAS said application was referred to the Southold Torn Conservation Advisory Council for their findings and recommendations',,, and., WHEREAS, a public hearing was held by the Town Trustees with respect ' to said application on May 28, 1992 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, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, 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 P.ESOLVED that the Board of Trustees approves the application o�, to construct 100 feet of natural stone rip-rap seawall at the toe of the bluff: All in accordance with DEC Permit. This permit will expire two years from the date it ,is sigied. Fees must be paid, if applicable, and permit issued within six months of -the date of this notification: Two inspections are required and the Trustees are to .be notified upon completion of said. project. Permit will be issued upon payment .of the following fees for wotk :ta. - be done below dean High Water dark; I I ...y:.c•.nxwsp�ys'ramn4t - • k - ,_,...,,.-.,.:..,a,-.— -....,ate,..._..---='" - - .. Ar Albert J. Krupski,President �� oy Town Hall John Holzapfel,Vice President c .�� 53095 Main Road cc z P.O.Box 1179 William G.Albertson 0 Martin H.Garrell y • �� Southold,New York 11971 Peter Wenczel �Oj �`�� Telephone(516)765-1892 Fax(516)765-1823 BOARD OF TOWN TRUSTEES . TOWN OF SOUTHOLD March 30 1995 1995 Roy Haj.e En-Consultants Inc. . 1329 North Sea Road Southampton NY 11968 Re: CHRIST STRATAKIS. SCTM #33-4-5 Dear Mr. Haje, The following action was taken by the Board of Town Trustees during its regular meeting held on March 30, 1995 regarding the above matter: WHEREAS, En-Consultants Inc. , on behalf_ of CHRIST. STRATAKIS applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated March 22, 1994, and, ' WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on March 34, 1995, 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, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the. standard 'set forth' in Chapter 37-18 of the Southold Town Code, which will be listed on a separate page, and, 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 the Board of Trustees approves the application of CHRIST- STRATARIS to reconstruct an existing stairway and platform arrangement from top of bluff to beach, and construct a 6' X�6' shed that will be built adjacent to the. stairs for storage, and the disturbed soil and fill behind se.awall is revegetated and steps be- 4' above grade. Permit'to construct project will expire two years from the date �. it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required. and the- Trustees are to be -notified upon completion of said project. FEES: None Very truly yours, . Albert J. Rrupski, Jr. President, Board of Trustees AJK/djh cc. CAC cp 7 e v • � v - --- tirtrd stcrt'r-sue %'�``�lt�rrrJ�s awe/ Aram -Fails: ;. �.�a�`asE'r� 3.. ,. 4 3� bank \. -L 8"p�l�ngs fill seawall, 1 • Lzo, �pGI G r: 4. . gEgNil�.��_ GlG�'r£5• A� 5i AV d3419c66-8694-404b-baa1-70719206a8f1 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 2,2023 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold,the following"IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall,53095 Main Road,Southold, New York 11971-0959,on THURSDAY,FEBRUARY 2,2023: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 10:00 A.M.-12425 SOUND, LLC,ANDREW FOHRKOLB#7735—Request for Variances from Article XV, Section 280-63 and the Building Inspector's October 4,2022 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing dwelling to be converted to affordable housing apartments at; 1) located less than the code required minimum rear yard setback of 70 feet;2) located less than the code required minimum side yard setback of 20 feet;located at:12425 Sound Avenue,Mattituck,NY.SCTM No.1000-141-3- 39. 10:05 A.M.-12425 SOUND, LLC,ANDREW FOHRKOLB#7736SE—Request for a Special Exception pursuant to Article XV,Section 280-62B(11) and Article XXVI,Section 280-138B(6),the applicant is requesting a conversion and expansion of an existing two story residential dwelling to six (6) units of affordable rental housing; located at 12425 Old Sound Avenue, Mattituck, NY SCTM No. 1000-141-3-39. 10:10 A.M.-PETER AND GRETCHEN LANG#7663—(Adj.from October 6,2022) Request for a Variance from Article XXIII,Section 280-124;and the Building Inspector's January 18,2022 Notice of Disapproval based on an application for a permit to construct a front porch attached to an existing single family dwelling;at; 1) located less than the code required minimum front yard setback of 35 feet; located at:865 New Suffolk Road,Cutchogue, NY.SCTM No. 1000-109-7-3. 10:20 A.M.-MARY AND KENNETH MARISSAEL#7729—Request for Variances from Article XXIII,Section 280-124; and the Building Inspector's July 18,2022 Notice of Disapproval based on an application for a permit to construct roof alterations and dormer additions to an existing single family dwelling; at; 1)located less than the code required minimum front yard setback of 35 feet;2) located less than the code required minimum secondary front yard of 20 feet; located at:260 Founders Path,Southold, NY.SCTM No. 1000-64-2-24. SOUTHOLD TOWN BD OF APPLS 2 d3419c66-8694-404b-baa1-70719206a8f1 kimf@southoldtownny. ov AFFIDAVIT OF PUBLICATION The Suffolk Times 10:30 A.M.-CVJB, LLC/JACQUELINE SCHNABEL#7730—Request for a Variance from Article XXII,Section 280-116A(1)and the Building Inspector's September 6, 2022 Notice of Disapproval based on an application for a permit to construct a deck addition to an existing single family dwelling;at;1) located less than the code required 100 feet from the top of the bluff, located at: 1390 Demarest Road(Adj.to Long Island Sound), Orient, NY.SCTM No. 1000-13-2-7.7. 10:40 A.M.-JUDITH SPATES#7744—Request for a Variance from Article XXIII,Section 280-124; and the Building Inspector's November 10, 2022 Notice of Disapproval based on an application to construct a garage addition attached to an existing single family dwelling;at; 1) less than the code required minimum front yard setback of 35 feet; located at:375 Masters Road,Laurel,NY,SCTM No. 1000-126-9-21. 10:50 A.M.-GIL BEN-AMI AND TRACY BEN-AMI#7731—Request for a Variance from Article XXII,Section 280-116A(1)and the Building Inspector's September 27,2022 Notice of Disapproval based on an application for a permit to demolish and construct a new single family dwelling at;1) located less than the code required 100 feet from the top of the bluff; located at:1800 Hyatt Road (Adj.to Long Island Sound), Southold, NY.SCTM No. 1000-50-1-4. 11:00 A.M.-ANDREAS SERPANOS 47732—Request for a Variance from Article XXII,Section 280-116A(1) and the Building Inspector's September 7, 2022 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool with spa at; 1) located less than the code required 100 feet from the top of the bluff, located at. 19105 Soundview Avenue (Adj.to Long Island Sound),Southold, NY. SCTM No. 1000-51-1-17. 1:00 P.M.-PAUL AND LISA HOLOBIGIAN#7728—Request for a Variance from Article XXIII,Section 280- 124; and the Building Inspector's August 9, 2022 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at, 1)located less than the code required minimum rear yard setback of 35 feet; located at:70 Owaissa Avenue,Southold, NY,SCTM No. 1000-87-3- 25 1:10 P.M.-DIANE MULVANEY#7739SE-Applicant requests a Special Exception under Article III Section 280-13B(14).The Applicant is the owner of subject property requesting authorization to establish an Accessory Bed and Breakfast,accessory and incidental to the residential occupancy in this single-family dwelling,with three(3) bedrooms for lodging and serving of breakfast to the B&B casual,transient roomers. Located at:225 Marion Lane, East Marion, NY.SCTM#1000-31-8-12.11. 1;20 P.M.-CHRIS AND MARY STRATAKIS —Request for Variances from Article XXII,Section 280- 116A(1);Article XXIII,Section 280-124; 1 Disapproval based li +' F permit to and the Building inspectors July 20, 2022 Notice UI VlSapprUVdi ucSeu uil an BppliCa!,i^v it for a p�.!nn� construct an accessory in-ground swimming pool and to legalize two "as built" accessory decks with sheds; at; 1)swimming pool located less than the code required 100 feet from SOUTHOLD TOWN BD OF APPLS 3 r d3419c6.6-8694-404b-baa1-70719206a8f1 kimf@southoldtoTO AFFIDAVIT OF PUBLICATION The Suffolk Times the top of the bluff,2)"as built"accessory deck located in a non-permitted location seaward of the top of the bluff;3) "as built accessory shed with deck located in a non permitted location seaward of the top of the bluff;4)construction more than the code permitted maximum lot coverage of 20%;located at:800 Sound Drive (Adj.to Long Island Sound),Greenport,NY,SCTM No. 1000-33-4-5. 1:30 P.M.-THOMAS E, BARNARD#7727—Request for Variances from Article III,Section 280-15;Article XXIII,Section 280-124;and the Building Inspector's August 26,2022 Notice of Disapproval based on an application to legalize an"as-built" addition to a deck and"as built" conversion of a screen porch to living space attached to an existing single family dwelling,and an"as-built"accessory deck;at; 1)the deck addition located less than the code required minimum rear yard setback of 60 feet; 2)the screen room conversion located less than the code required minimum rear yard setback of 60 feet;3)the screen room conversion located less than the code required minimum side yard setback of 20 feet;4) accessory deck located less than the code required minimum rear yard setback of 15 feet;5)accessory deck located less than the code required minimum side yard setback of 15 feet; located at:4240 Paradise Point Road,(Adj.to Southold Bay) Southold, NY.SCTM No. 1000-81-3-7. 1:40 P.M.-ROSEMARIE J.WAGNER AND ROBERT H.WAGNER,JR. #7742SE—Applicants request a Special Exception under Article III,Section 280-13B(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure measuring less than the code required 450 sq.ft.in area;at: 8310 Soundview Avenue, Southold,NY,SCTM41000-59-7-29.6. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/web I!n l</Browse.aspx?d bid=0. If you have questions, please telephone our office at(631)765-1809,or by email: I<Imf@southoldtownny.gov. Dated: January 19,2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road(Mailing/USPS), P.O. Box 1179 Southold, NY 11971-0959 SOUTHOLD TOWN BD OF APPLS 4 d3419c66-8694-404b-baa1-70719206a8f1 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times / 1 State of New York, County of,Suffolk, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County,New York. I certify that the public notice,a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: January 26, 2023 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,and as such, is eligible to publish such notices. Signature Eliot T. Putnam Printed Name Subscribed and sworn to before me, This 01 day of February 2023 Notary Signa ure MARY BETH ALESCIO WALLING NOTARY PUBLIC,STATE OF NEW YORK Registration No,01AL5056219 Qualified in Saratoga County My Commission Expires March 04,2026 Notary Public Stamp SOUTHOLD TOWN BD OF APPLS 1 OFFICE LOCATION: __> i MAILING ADDRESS: Town Hall Annex ��oF soUryo P.O. Box 1179 54375 State Road Route 25 � l0 Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1809 �pQ http://southoldtow-nny.gov eouff ,��' ZONING BOARD OF APPEALS Town of Southold LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 2, 2023 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following "IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, FEBRUARY 2, 2023: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownnv.qov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownnv.qov/calendar.aspx. 1;20 P.M. -CHRIS AND MARY STRATAKIS#7723—Request for Variances from Article XXII, Section 280-116A(1); Article XXIII, Section 280-124; and the Building Inspector's July 20, 2022 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and to legalize two "as built" accessory decks with sheds; at; 1) swimming pool located less than the code required 100 feet from the top of the bluff; 2) "as built" accessory deck located in a non-permitted location seaward of the top of the bluff; 3) "as built accessory shed with deck located in a non permitted location seaward of the top of the bluff; 4) construction more than the code permitted maximum lot coverage of 20%; located at: 800 Sound Drive (Adj. to Long Island Sound), Greenport, NY. SCTM No. 1000-33-4-5. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link:http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809,or by email:kimf@southoldtownny.gov. Dated: January 19, 2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 0-Min Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 , r�%UfF01A- Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 � ^ r^; Southold, New York 11971-0959 Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: January 2, 2023 RE: INSTRUCTIONS FOR PUBLIC HEARING Dear Applicant; Pursuant to the New York State Governor's announcement lifting many COVID-19 restrictions, the Town will now resume IN-PERSON meetings that are open to the public. For those who wish to attend the meeting virtually, for health and safety reasons, we will continue via Zoom Webinar, as well. Therefore, the February 2, 2023 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. Below, please see'instructions required to prepare for the ZBA public hearing which includes: PLEASE READ CAREFULLY. 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing,to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than January 25, 2023. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law,your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by January 25,2023, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. �y Instructions for ZBA Public Hearing Page 2 41/0 MAILING INSTRUCTIONS: Please send by USPS c Certified Mail, Return Receipt the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses,and re-mail. Mailing to be done by January 16,2023. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff,they may telephone 631-765-1809 or email us at kimf@southoldtownny.gov or elizabeth.sakarellosntown.southold.n ��us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http•//24 38 28.228:2040/weblink/Browse.aspx?dbid=0. d. Surveyor Site Plan depicting "as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors > Assessment Books/Tax Rolls>2010-2021 > 2021 http://southoldtowna.gov/DocLimentCenterNiew/8779/FinalRoII2021-Amended I1VIRORTAN:.M NSTRUCTIONS: --�� 'g$� yr -?�'•+;�s.} o� :- � #�xl q�. - -3 _ - - � � - '`� Scan an d <e cipt , geen !sinatur .canail m and -ad i'•vct'r,t s.: ao kimf(a southoldtownny: ov;and i** PROMPTLY�USPS�MAIL*.X eTORI`GINALS to rt�r�fhe.Tow..na'A of"Southo'ld' ' BA';P iglop oz'�1179 'Sonthold.NY L1-1'977' e(rr..yl° . Z p!t+` y.", "`YT:4"f Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes—Board Assistant Laserfiche Instructions* for Zoning Board of Appeals Records 1E ��Djs r� ON- Uown,L;o Ur Easily C • hVLiicrfiChC Above: Homepage, Click on Link "Town Records"Weblink/Laserfiche Laserfiche WebUnk Home S."le sear h Tom.0,15.whoW TownofSouthold Name Page munc T—p-are—e Entry Properties THI.Mlfa. Path TrussesZoningB—d of Appeals(ZRA) creation date 5!5.'2',W 1':574;AN: :)f 2 nr�r 2 29 Envies Last modifled _-.r LC:' ]ri' a ZIN! r Metadau Above: -The second of two pages you will find "Zoning Board of Appeals (ZBA)" in the list of Town of Southold Departments. Click the Zoning Board of Appeals (ZBA)folder/link. _ 1 J _ f Laserfiche Instructions ZBA Files Page 2 Laserf(cheWebl-ink Njw,cL, 4", bp.t s gnOv Home Browse Search !:wnois u;hoid>Zoning Board of Appeals(ZBA) Zoning Board of Appeals N.— Page count 7empare name (ZBA) AlphaEetical Index .. Entry Properties Boats A[dpns Laserfiche Search Guides Path r no Mewing Schedules Cf Ai,pealS(BA) -hlinuleSrAgentldS/Legal Nddca,/Hangs Creation date cendmg Reports Last modified Special 5:2320i'•'(!i7aa AM -- Pent Permits T,.Iru—Requlremenu ZBA Officials Metadaw ZBA blides No mptadafd Emeppons List Code 280-i0C(3) 1 J lunsdicdon Llsnng 1 —-- 1 ZBA Book of Mapped 19T7 Ezlsnng Lots 199 ctedure&ReWts ' :o+Nhe.lth•pep-:mc.rnlses2• -,]Bulk Schedules 5 Agreements.Contracts S,Leases Page`cf I 1 d Entries Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on "Board Actions"folder to open. Most Visited Getting Started O Southold,NY-Officia... J NetZero-My NetZero... Date Duration Calcula... VQ TownOfScu[hcld-La... s Southold-Cor Laserfiche WebLink v Home Browse Search Tc.vnC 5outhoid Zoning 3card cf npeals('S.�,)1 Board coons n Pending Pending Name 9025 MAIN ROAD LLC,CARDINALE Entry Properties ' C R L REALTY-Withdrawn Path -1 JEMCAP SD 1 LLC _J PECON:C RECYCLING TRUCK .:,•_- -.4n„y ^•THE ENCLAVES Creation date -'Jj.�#7370-Trend 1000-128-6-6 3128i?')1 7 1 I:35 0/AIA Last modified 97379-Solutions East 1000-13-3-1 6'9;2020 3:Ss:S8 PM J 97333-Spiller 1000-59-5-8.3 F73845E-HNF Resorts,Mydon Resorts-Campground-1000-40-3-5 Metadata J#7385 SE-Fried 1000-50-1-13.1 +:0 metadaia 351;gne•J ) #7386 860 Bayview Drive-LLC 1000-37.-5-10.1 "j#7387 Hard Corner 1000-61-4-1 #7387 Hard Corner-SITE PLAN-Arch Plans 1000-61-2-1 j#7388-Mlnton Irrev.Trust 1000.128.-2-20 #7389 Benic 1000.71-1-4 "y=7406-Nappa 10oaa8-1-15 Page 1 c 1 Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0 Laserfiche Instructions ZBA Files Page 3 Laserfiche Webi-ink u mywen-.I Hga Ab-t Sm,rt Home Browse search 7L-nCfSouLhrAJ,Zufii(.S Boou fM-,Board Actions Board Actions Name Pap count T—plate name 1957-1979 Entry Properties -C- 1960-1999 Path 2000 of Appeal-,f2!2,-j%Eoard.,Ctj0r,5 2001 Creation date 2002 2003 Last modified ,Ow312-RiLul 17!1.2 E.(-AM 2005 Metadata 2006 ewd-i 2007 2005 2009 2010 2011 2012 2013 2014 2*11 16 2017 Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". 2017 sit. 16.- �1.73 7. —hBB93sa a- el? r. 8—d—11 Geelbn date' Al )7.:1 :1 La.—1111d 7011 Mlladuta 3413 a—atom szj-, Above: See listed File Numbers. Click on file you are searching. Laserfiche Instructions ZBA Files Page 4 cashel Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. Laserfiche Web Link > t,—'c' Home Browse search S,):t lac till,tq Relevance "1 7016 Feld name Board AU=3-83 pogc[;1 -1 ll—e,I,. J Page count:83 Template name:Board Actions Reset Page 3 Colin and Kristen Cashel PROPERTY LOCATION:162 Lower Shingle H,11,Fisher... �—4 19.2017 P7016,Cavipl SCTNI no.1000.9-1-26 mimmus approval to remo P59C 1...y19.2017 97,016.0shei SCTM No.1000.9-!.26 GRANT,the variances as... S ii-ch 1q.9 COLIN&.KRISTZNCASNEL SECTION 0093LOC-. 0—-0 Thomas AhlgrentC,aslieh.PO Box 342 ushers lsrancL.\Iy Show more Informaticra 7018 Dwird Acvchs-5,.,pjger') Page count:56 Template name:Board Actions -3 9:30 A.M.-COLIN CASHU AND variances unde(Amcle Id.Seaton ANN... -1 ance(s)'<R:STZN CASHF1-7015-Req,eSt proacsed Efellis located.1 other tha Show more information... Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.-1-1. Laserfiche Webl-ink ME Home Browse Search of onh!lg 3o6rd o!Arp—li tZ-. ) Mmutes/AgendaS/Legal Nozlces/Hearngs Minutes/Agendas/Legal Name Pagecount Template name Notices/Hearings 1957-1979 Entry Properties 1980-1999 2000-2009 Path d 2010 pev" 2011 Creation data 2013 201a Last modified 2015 I I`,-11':Gl'.�.;:".,1.Pt.-I 2016 - Metadata 2017 N" aV." t,Y-j "age I of 1 I I En Above: Also, Minutes, Agendas, and Hearing Transcripts can be viewed. Q. Laserfiche Instructions ZBA Files Page 5 Laserfiche Weh Link 0 1 WF'.1ep.Ik Halp About. Home Browse Search '0wrQfSo.thcId Zoo,.,6 FWrd Of Ak;Ped IS(ZBA), 2017 2017 Narr. Page court Template—e ,:ZBA-01J0512017 7 Entry Properties ..;ZBA-01 M/2017 Agenda 4 Path j ZSA-01105/2017 Hearing 40 Brar,- QfAppeal, m,ISA-01/05/2017 LN 3 LtLsA?el;d-iLe�e:l 7 A-01/19 2017 7 B . 2 Creation date ZBA-0111MO17Agenda 2 5,20 2: Z3A-0210'VZO 17 7 Last modified r ZRA-02/02/2017 Agenda 4 li192o"17 4:53:5?R! Z&A-02102/2017 Heanng 45 2 metaclata i ZBA-OVOZ/2017 LIJ 3 _1 ZBA-02,'1 6/2017 Agenda 3 NO Meocla'a a..:Ir.?q ZBA-02!1 62017 Special 3 :,d.,.&-R.1. ZBA.0310212017 7 —h'altl"Pap-rn'a--V-2 ZSA-03i02/20 I-Agenda 4 ZBA-03102/2017 Nearing 65 ZBA-03102/2017 LN 3 Z3A GUI 612017 Agenda 3 ZaA.03/16/2017 Special 3 ZSA-OW0612017 5 ZBA.W06/2017 Agenda 28A.=06/201 7 H—,rg AS Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 1 N TICE UF HEikRIN � The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: The application will also be available VGA ZOOM WEBINAR-Follow link-http://southoldtownny.gov/calendar NAME : STRATAKIS , CHRIS & MARY #7723 SCTM # m. 1 000-33-4-5 'l'ARIANCE: BLUFF SETBACKS & LOT COVERAGE 1-- 1EQUESTEE CONSTRUCT ACCESSORY IN=GROUND- SWIMMING POOL & LEGALIZE TWO "AS BUILT" ACCESSORY BECKS WITH SHEDS `ATE : THURS . FEB . 2 , 2023 1 :20 PM fou may review the file(s) on the town's website underlTown RecordsNVeblink: ZBA/Board Actions/Pending. ZBA Office Telephone (631 ) 765-1809 ZONING BOARD OF APPEALS / TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT STRATAKIS OF MAILINGS Appeal #7723 SCTM Parcel #1000-33.-4-5 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Betsy Perkins residing at Greenport, New York, being duly sworn, depose and say that: On the 17th day of January, 2023, 1 personally mailed a true copy of the Notice set forth in the Zoning Board of Appeals Application, directed to each of the persons listed on the attached list at the addresses set below their respective names; that the addresses set below the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said notices were mailed at the United States Post Office at Southold, New York, that said Notices were mailed to each of said persons by CERTIFIED MAIURETURN RECEIPT. Attached hereto is the white receipt post-marked by the Southol ost Office on said date. r it A 114 Betsy P r in Sworn to before me this 17th day of January, 2023 Um " (Notary Public) KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01 DE6420156 Qualified in Suffolk County My commission Expires 08-02-2025 STRATAKIS-Mailing List 33.-4-4 John P & Paul S Bliss 21 Cynthia Dr Farmingville, NY 11738 33.-4-31 Konstantine & Tina Karagiannis 85 Walnut Ln Manhasset, NY 11030 33.-4-32 Martorana Vincent J & Jane S 183 Ave A Holbrook, NY 11741 RECEIPT _.. -------------- 9214 7902 7906 6900 0027 99 RECEIPT RECEIPT 9214 7902 7906 6900 0028 05 FROM: FROM: 9214 7902 7906 6900 0028 12 i Moore Law Offices Moore Law Offices FROM: RE:stratakis trustees RE:stratakis trustees Moore Law Offices lRE:stratakis trustees SEND TO: SEND TO: John P&Paul S Bliss Konstantine&Tina Karagiannis SEND TO: LthaDthia Dr 85 Walnut Ln Martorana Vincent J&Jane S Farm ingville NY 11738 Manhasset NY 11030 183 Ave A Holbrook NY 11741 S: FEES: 0.53 FEES:Feed 19,3,75' Postage 0.53 0.53 Receipt �3.05 Certifed.Fee, 3.75 Postage ed �j >>' ,ReturWReceipf"� 3.05 Certified Fee., '`� 3.75 n�' esiricted` >� RetumReceipt3.05 L L" " ' Restricted \1� 8 'TOTAL •', '' „r, TOTAL $`7.5a MARK OR DATEPOSTMARK OR DATE k` ,+{ 'r POSTMARK OR DATE e/ �l . , 2/3/23,9:34 AM USPS.com®-USPS Tracking®Results USPS Tracking° FAQs > Tracking Number: Remove X 9214790279066900002799 Copy Add to Informed Delivery (https://informeddel!very.usps.com/) Latest Update Your item was picked up at the post office at 10:28 am on January 21, 2023 in FARMINGVILLE, NY 11738. m Get More Out of USPS Tracking: Q USPS Tracking Plus® v Delivered Delivered, Individual Picked Up at Post Office FARMINGVILLE, NY 11738 January 21, 2023, 10:28 am See All Tracking History Text & Email Updates u USPS Tracking Plus® u Product Information u See Less Track Another Package Enter tracking or barcode numbers https:Htools.usps.com/go/TrackConfirmAction7tRef=fulipage&tLc=2&text28777=&tLabels=9214790279066900002799%2C 1/2 ii w {pV"Di �l �� ,• f fit* 7 • T- I r r t - NOTICE OF HEARING t11, r The following application will be heard by the Southold Town Board of Appeals at Town Hall,53095 Main Road,Southold: �, application will also be evmlable VIA ZOOM WEBINAR-Follow t IIn11 http:,'-outholdtownny.gov(ca lendar Qv:.a��+,'"_' NAME: STRATAKIS,CHRIS& ARY SCTM#: #7723 1000-33-4-5 •� �? /� s R� VARIANCE:BLUFF SETBACKS & LO ,)b7 +1 ////' COVERAGE 3Ctor V�/} REQUEST; CONSTRUCT ACCESSORY IN-GROUND #� SWIMMING POOL&LEGALIZE TWO"AS ders BUILT"gCCESSOR DATE; THU Y DECKS WITH SHEDS RS.FEB•2,2023 1:20 J ►'' o Pontl n�lhn fJofsl nn Iho I h,no rown P M '> ;ltlirt•1 urd�/Wutil nk ZdAlBoaru �y, ; n ,�Il.ft )851909 /9 tap x / � r ' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF POSTING #7723 Regarding Posting of Sign Upon Applicant's Land Identified as 1000-33.4-5 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, of Southold, New York, being duly sworn, depose and say that: On the 23rd day of January, 2023, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, February 2, 2023 at am. :itrricia C. Moore Sworn to before rpe this l day of 2023 Notary Publi BETSYA.PERKINS Notary Public,State of New York No. 01PE6130636 Qualified in Suffolk CounW) Commission Expires July 18. 5 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �a��®� so 53095 Main Road • P.O.Box 1179 r® Southold,NY 11971-0959 Patricia Acampora, Office Location: Eric Dantes VI, Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��✓C®U N Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD EC E Tel.(631) 765-1809•Fax(631)765-9064 LJ � AUG 3'q 2022 August 29, 2022 Southold Town Planning Board Mark Terry, Assistant Town Planning Director LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. # 7723 STRATAKIS, Christ Dear Mark: We have received an application to construct an accessory in-ground swimming pool and to legalize two (2) "as built" accessory decks with shed. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson B SCE Y• Ends Survey/Site Plan : Donald J. Metzger Peconic Surveyors Date : July 12, 2022 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®F $®�� 53095 Main Road•P.O. Box 1179 Patricia Acampora ®� ®�� Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento ® y� 54375 Main Road(at Youngs Avenue) C®U�� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD February 22, 2023 Tel. (631) 765-1809 Patricia Moore Attorney at Law 51020 Main Road Southold,NY 11971 l RE: ZBA Appeal #7723, Stratakis 800 Sound Drive, Greenport SCTM No. 1000-33-4-5 Dear Mrs. Moore; Transmitted for your records are copies of the Board's February 16 2023, Findings, Deliberations and Determination,the originals of which were filed with the Town Clerk regarding the above variance.applications. Please provide the Board with two original signed and sealed surveys depicting improvements that conform to the Alternative Relief Granted. You must apply to the Building Department for a Building Permit for the "as built" improvements within 90 days of the date of this decision. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals If you have any questions, please don't hesitate to contact our office. Sincer ly, i Kim E. Fuentes Board Assistant Encl. cc: Building Department I n i N352202 3 ma!�ia5s hr 3 `f - L� 3 3- `f- S( 33 - q- 3a i SO FOR PCL.NO. I ""--- ,a• SEE SEC.NO. -_� (335-01-024 a As ' �• avc. SO 0 SOUTHOLD eb "IN c� 2 a p I O• A + 35.3 135.2 .8A(C) 2.3A(c) y 33 x,x 1 c ;e4'Po �ryy � 1ga •'P Se (88')' /,`, SG�, '�wN 19�P" 1g5 ,�o`sAg. ��9'=1 ,�."`� $sir�$y '`r �,$•,ys 6�>`� °�° �rym $�'a• 192 �p g3,2y's5 ° P $� fl $�hsh $fin �1 b1b n+°t a 9 1�P , � 1g. ,p'° 9' $9,d' 'Z�•°+ `°e $ °j 0°,$ ��' 3 C.� 1A' s n+el 1 SOUND 1g ,a' � 1g. n41 6 ,ae �• !$ �,a,$.s++' A �Q 1�fi ,f � e �� i& .+P A $nsse• �' I m. 1 t O 1g5� 4^, $ yro $ 10 (sl 3 ,P pODK a 1x 1911�•° 1 $ .� `� $ '�' $AA +,P $ Q1go s y0 :8 c„al ^ry ,POQ ,y9'°nail`:Ec ry 5 G'�((g A msl' 192 t 1 f� +,P g' � d nn a �$ � $ 1 '�'8 Wan $ml,°• 'Pa°, nal nr w 25° 1y � h' � „ �.�•'$, ,- , TOWN OF Waal SOUTHOLD O % 1 s 5 O 15 5 a ;� 51 3s�L 11 5 � t ml „a c 31 O• �y �E1 32 1. Q g 18 J, nxn Ap on P y T `+5� ,,� a Ral $ ,� 9 n+m $ T' \OP�s �'� •' �, 1yplcl ml 1.1A(c) D .p t 1 33 TO N OF W © 1D 01 a SOIJTHOLD 5 Zfi 1C1 $ n« 1' 8 ,a 1T �wl 7!O nwl ,s ,F ncsl ' m'�` a� 131 clp s 1;1P �561 c) a oal 5•• ' teal +'N' ,�$Ary ,� 1Pl 1.3A1c) 9 Sv,I T N °181wI5 to Z $ 1? Oa) 8' 3 PCL NO /s 13 11 SEC.NO. C) o O. - lal Q , N -02-022A 1 OPl °8 P) � ' � $ 1� $ 16 (�'�1� P nG � 2 �� tOPEN SPACE �.a _ x90 o xas ''1� as try 1,� ` ip1 N348482 _ LINE rel 1 G ^ e f NOTICE S,DID7t, COUNTY OF SUFFOLK © K sago TOWNOF SOUTHOLD SECTION NO ;+ 'yam MAINTENANCE.ALTERATION,SALE OR ql E ,BAND 035 h� pReal Property Tax Service Agency v DISTRIBUTION OF ANY PORTION OF THE Np County Center Riverhead,N Y 11901 VILLAGE OF 033 EUFFOLK COUNTY.MAP IS PROHIBITED ,� `+.y M 033 SCALE IN FEET: WTHOUT WRITTEN PERMISSION OF THE "lV�.1' 200 0 200 a00 A oNC 034 DISTRICT NO 1000 REAL PROPERTY TAK SERVICE AGENCY. P 4 1 PROPERTY MAP CONVERSION CATEA,,15,2011