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HomeMy WebLinkAbout1000-33.-4-5 OFFICE LOCATION: ��®� �°® MAILING ADDRESS: Town Hall Annex �® I® P.O. Box 1179 54375 State Route 25 gg Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 Telephone: 631 765-1938 C®Udll�,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry,AICP Assistant Town Planning Director LWRP Coordinator Date January 23,2023 Re: LWRP Coastal Consistency Review for ZBA File Ref CHRIS AND MARY STRATAKIS#7723 SCTM 1000-33-4-5. CHRIS AND MARY STRATAKIS #7723 — Request for Variances from Article XXII, Section 280-116A(l); 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]. 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. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson $�UryOl 53095 Main Road•P.O.Box 1179 O Southold,NY 11971-0959 Patricia Acampora` Office Location: Eric Dantes �, Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento lij'COU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax (631)765-9064 I V August 29, 2022 AUG ® 2022 Mark Terry, Assistant Town Planning Director Southold TowN g LWRP Coordinator Planning Board 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 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, I Leslie K. Weisman Chairperso c K�111 By: U - I(6 Encls Survey/Site Plan Donald J. Metzger Peconic Surveyors Date : July 12, 2022 FORD/!NO. 3 _ 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 accessory in-ground swimming pool and to legalize(2) "as built' accessory decks with shed at: Location of property: 800 Sound Drive GreenportNY County Tax Map No. 1000—Section 33 Block 4 Lot 5 Is returned herewith and disapproved on the following grounds: The proposed accessory in-ground swimming pool on this nonconforming 33,114 sq ft parcel (19,794.4 . ft. buildable laud` 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'accesso deck and"as built"accessory shed with deck are located seaward of the bluff. Lastly,the 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)re wire maximum lot coverage of 20% The survey shows the lot coverage at 23% Au rize i ature 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: Date Assigned/Assignment No. Office Notes: House No, 800 Street Sound Drive Hamlet Greenyort SCTM 1000 Section 33 Block 4 Lot(s) Size 33,114 sg.ft, (buildable 20,828 sg.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, NAY 10022 Telephone: 917-816-3584 Fax #: _c/o 631-765-4643_ Email:_pcmoore@mooreattyys.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: ycmoorena mooreattVs.com Please check box to specify who you wish correspondence to be mailed to, 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 DENTED AN APPLICATION DATED 5-31-22 FOR: X]wilding 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 28®- 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 rewired 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 ani time with respect to this property, UNDER Appeal No. Year . (Please be sure to research before completing this question or call our off ce for assistance.) Name of Owner: ZBA File # REASONS FOR APPEAL (additional sheets be used w th prg2arer AREA VARIAJVCE REAS 0iVS. (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. leo 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 rewiring a variance for the existing structures,built with the wetland permits which were rewired at the time. teach 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 tiled 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 `blot size" of 19,794.4 sq.ft. (A loss of 13,3119.6 sq.ft. seaward of the Coastal Erosion Line). The Douse and 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 rewiring 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 CEELine. 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 is 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, snaking 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 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 yard is the back yard, adjacent to the Long bland 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 bland 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 Douse 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 I®'ano n-tnnff 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 tonere Covenants and Restrictions concerning this land: X No. C Yes lease Lurnlsh cop-P). This is the MINI1�TM 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 e®aaaaannlanity° Check this boat ( ) TE A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET° (Please be sure to consult your attorney) Signature of Ap cunt or Authorized Agent (Agent must submit written Authorization from Owner) Sworant�® before me this ' -- dw of ,� Notary Publle-1-- r BETSYA.PERKINS Notary Public,State of New`fork No.09 PE6130536 ` ualified In Suffolk Coun , Commission Expires July 18, O'T'HER APPEALS IN THE NEIGHBORHOOD: There are numerous applications for Variances for Setbacks from Top of Bluff 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 PR®PERT: Stratakis is 1000-33-4-5 (Eastern end of subdivision) Request Pool: 62' to told of bluff Leach 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 #33661984 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 sgft. 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 #36211987 House 55' from top of bluff 1000-33-1-11 Tsirkas #34711986 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 Prn®r Decision: 1000-33-11-15 Follari #3502 1986 House, Pool and Decks 65 from Top of bluff 1000-33-1-16 Theophilas #35®711986 Denied pool at 35 and approved at 50' 1000-33-1-118 Man®so #5523 2004 approved p®®1 1n a side yard, #5893 2006 Demon® and reconstruct House/pool nn® closer than 801 #5730; #5174 2002- denied nngr®und pool 42' from top of bluff Il x 0 ° aourold sown Board of Appeals MAON ROAD- STATE R93AD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(618)765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3502 Application Dated April 28, 1986 TO: Mr. Ciarence•W: Powell ,- as Agent [Appellant(s)I for'Mr: Gregory 'FoTI'art 38.0 .Robinson..Ro_ad,. -Box• Greenport, ICY 11944- At 1944-At a Meeting of the Zoning Board of Appeals held on.'Ju?y '31',• 1'986, the above appeal was considered, and the action indipated below was taken 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 [ XI Request for Variance to the Zoning Ordinance Article XI , Section 100-119.2(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 side 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, width of ...l00 .feet and lot depth of 322.70± ft. The. shortest distance from the southerly property line a.long 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) Page 2 - Appeal No. 3502 Matter of GREGORY FOLLARI Decision Rendered July 31 , 1986 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.1 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 .blu•ff .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 Application 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 ass her Grigonis was absent.) This RECINIVED nAV'D MEED"e 7 THE SOUTHOLD TOWN CLERK DA$'E W,1�f6 HOUR,,, fg,�? ,. /U BARD P. G 0 EWR I.NGER,e CHAIRMAN August 13,. 1986 Town Clerk, Town of Scut r , � . and pds W1AFN .R®ASS'-:r2TA`rE ROAD 25 SOU`iHbLO, L.l., my...vt71 TELEPHONE(516)765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No, 3507 lkpplieat:ion" Dated May 2;" 1986 (Public Hearing May 22, 198:6,) TOe Skinny' Dip..Pools;. Inc. " a.s Agent [Appellant(s) fOr. Mr, Nick.. Theophi•Ios. P.'0.. .Bo.x: 108• Matt:1tuck; •.N.Y 11'952 At a 'Meeting of :the Zorn ng Board of Appeals .held on June 25, 1986, the above appeal uzas..considered,.'and''the action. indicated below was taken' on your [ j 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' IX1 Request for Variance to 'the Zoning Ordinance Article -XI , .Sec-tion 100-1-19.2(A) 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 ... I'sland 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. WHEREAS, 'a. public hearing was held.and.concluded .on May 22, 1'9.86 in. the Matter of .the App-11c.ati.on of.`NI'CK-T.H:EO.PH.I.LOS under Appeal. .,N'o. 3507; and WH.EREAS, the board members have personally viewed and are familiar with:.the premises in question,,-• its present zoning, and _:the surroundirrg 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 care•fuTly considered all testimony : and documentation submitted concerning" this applicati_o1i; 'and WHEREAS, the board.made the following findings of fact: 1 .. The premises in question is located along the ngrth side of Sound Drive,._ Greenport, is id'entifi,ed -on the Suffolk County Tax Maps as District 1000, Section" 33,. Black 1', Lot 16," and is known .and referred to as Lot #118 on Map of Eastern"Shores, 9ectIoh,°$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 upland area between Sound Drive and the top of the. bank/bluff area. i.s a length of app'roximatel.y 215 feet.. The premises is presently improved with an one-story, single-family dwelling, shown by survey dated August 15, 1985 prepared by Roderick ; DATEp;. June 25.,, 1"986. CHAIRMAN,'SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/811 Rade 2 - A.ppeal No-.. 3507 4.atte:r .of NICK THE.OPhJLOS Decision Render.ed. June 25;.1986 Van NY! P.C. to be s'et back approximately 7.0 .feet (exclusive of rear porch) from.the._ top o-f the 'barik, and approximately 57 feet inclusive of rear porch, 'at its closest points. 3. -By. this application, appellant requests permfss..Jon to locate' an. 18' by 36wi-de swimmingpool with a setback at its cldse:st: point to the.:..top. of` bank..-at .23 feet: ..-fhe pool...as,!proposed. is 's:haw:n -to. be. an .' cces.sory structure at a. di st.ah:ce l� .feel[ away from the ;dwel li'ng, :'a.nd centered .be t>flreen.::.t{ae:�.s de ,pro . rty;l i ne.s. :Also pr.opo:s:ed around. the pool are. a three-fobt wide ,wooden wa.l kway,.iwh:i.ch Wo Id be set ba.ck� not closer tharr 20 feet from %tss c:l_oses�t point to the top of-bank, and.a fence as.: required by the code ,along the sf.de..and.rear. pro'perty.. 11.nes. 4_ Article XI, Section 100-..179.2, sub-paragraph. (A)[11 requires a11. bui1dings pr.oposed..:ori, lots adjacent to Long Island Sound to be.- set bac.k.. not less than one=.hundred (100) .feet from the pop of the bluff br bank..:.: 1'he board agrees that._to locate the proposed accessory building"tn compliance with this setback requirement would. be placing same in front' (to the south) *of. the existing dw.9111119._,.. 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 dr-ainfng of.the po.ol_or. d1scharg_e not be piped over the face- of the bluff. . In considering this appeal;. the board also finds and deter- mines: (a) altho_ug.h the _percentage of relief -requested from the 100' setback requirement is. sub_stantiai , 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 30feet from the top of bank is not unreasonable and will not be detrimental to adjoini-ng properties or change the character of the district; (c): the circumstances are unique; (d) the prac't-ic_al difficulties are sufficient to warrant a conditional. granting of .a variance; (e)_. the diff i-. culiy cannot be obviated by some• me'thod 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 conditionaily 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 swimmingpooi 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 'NICK 'THEOPHIL'DSunder.- 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 other 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 aod .top of bank so as to aid 'in the prevention of erosion. R.a:ge 3 -. Appeal No. 3.507 Matter of NICK THEOPHILOS Dee sioh Rendered; June 2.5, 1986 7. There 'be no drainage over the bluff area of water (from.the pool,, irr'igation,•'etc.. ) into .the Sound. $. KU fill must be placed landward of the bluff.-.' •Vote b,f. the. Board: Ayes: Messrs. ,Goehri.nger, Gri.goh s:, Do.u.g.lass; and Sawicki ..Phis resolution .was .duly ado;pte,d. (Membe.r' Doyen was 'absent: } 1.L G:E:RARD P. GO�E INGER CHAIRMAN JUne' 30�. 1986 TRZ SOU YZED By a :�@ Qerk, Tom of Sbu e 0. + R Ruth D Oliva,APPEALS BOARD ahairwomanRS a�°®�® ®�� Southold Town Hall RECEIVES 53095 Main Road Gerard P. Goehringer W :30p rl. p O.Box 1179 Lydia A.Tortora Southold INC 11971-0959 Vincent Orlando Teta(631)765-1309James Dinizio,Jr. �� F (631)765-9064 http://southoldtown.nort4 .t ®!d ' oWn Clerk BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 3, 2004 ZBA#5523—PETER and ARLENE MANOS 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 11 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.1. 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. k Page 2—June 3, 2004 - Appl. No. 5523—P.and A. Manos 33-1-18 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, ti Page 3--June 3,2001 Appl.No.5523—P.and A. Manos 1000-33-1-18 at Greenport and ®inizio. This Resolution was duly adopted (5-0). (I I Vf" A (�-')". RUTH D. OLIVA, CHAIRWOMAN 6-24-04 Approved for Filing APPEALS BOARD MEMBERS �SON.\� . Southold Town Mall Ruth D.Oliva,Chairwoman 53095 Main Road-P.®. Bow 1179 Gerard P Goehrin,aer , Southold,NY 11971-0959 !Vincent Orlando Office Location: Jame,Dinizio,Jr. s �� Town Annex/First Floor,North Fork Bank Michael A. SimonIce 54375 Main Road(at YounasAvenue) Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTtHIOLD F 1/6' Tete(6311)765-1809-Fax(631)765-90641r 11 ') ng .�, h't,L,tel, ° e FINDINGS, DELIBERATIONS AND DETERMINATIO 'outhold`own awk MEETING OF JULY 21, 2006 ZB Ref. 5730—Arlene and Peter Manos 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 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 4/19/05 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. Page 2—July 21,2005 ZB File Ref.5730—A.and P.Manos CTM 33-1-18 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 noncon'formi'ty. 5. Pio 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 267-8, 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 Resolution was duly adopted (4-0). Ruth D. Oliva, Chairwoman 7d5 Approved for Filing a , s APPEALS BOARD MEMBERS � i& Southold Town Fall Gerard P. Goehringer, Chairman 53095 Main Road Lydia A.Tortora P.O.Box 1179 George Horning Southold,lNew York 11971-0959 Ruth D. Oliva 4<' ® ®�� ZBA Fax(631)765-9064 Vincent Orlando �®� 41 Telephone(631)765-1809 http://southoldtovn.northfork.net BOARD OF APPEALS TONIN OF SOIT HOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 14, 2002 Appl. No. 5174-Arlene Manos Property Location: 2000 Sound Drive, Greenport 1000- 33-1-16 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. J PROPERTY FACTS/DESCRIPTION: The applicant's property is a 26,864 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 275.67 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 survey 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. a r p Page 2—November . .,2002 Appl. No. 5174—A. Manos 1000-33-1-13 at Greenport 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 1 00-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 'Vater 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. S. 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 Goehring airman , orto rning, , and Orlando. This Resolution was duly adopte -0). vo Z ERARD P. GOEHMINGIER, 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: Cr W5--p AA DA 1TE+ PREPARED: PARE+D: 1.For Demolition of Existing Building Areas Please describe areas being removed: La fecti r Ciec (c(:?0&-`7 H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: K � Dimensions of new second floor: &IJA Dimensions of floor above second level: 9 6 A Height(from finished ground to top of ridge): WA Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: M h 1I1.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 4 /� -A ' (A% Number of Floors and Changes WITH Alterations:. Ug �;, e IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Ro u;,,e 2,1 C(P"I ��s.,� 9 �7� �•��,%�o�s Li Proposed increase of building coverage: Square footage of your lot: .z �1 1 A Q1 =3 1 d d Percentage of coverage of your lot by building area: ¢ shn i ',°� V.Purpose of New Construction: ¢-t 6�vas a, �d�®� •q 0 o�d l • 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): Ar r Please submit 8 sets of photos,labeled to shove different angles of yard areas after staking corners for neve construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes L&NO 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"C", Qau,ei Seym,(-�- 2.)Are those areas shown on the survey submitted with this 'Ies 3.) Is the property bulk headed between the wetlands area and the upland building area? ', Lne- /,t,ro(y -t;rnV1n 4.)If your property contains wetlands or 1�ond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction?�� c�'�LPlease confirm status of your inquiry or application with the Trustees: C t. and if issued,please attach copies of permit with conditions Ad approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? `6 WW-- E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? &Zv 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? Q\p 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. CO o5' -t/voo� H. Do you or any co-owner also own other land adjoining or close to this parcel? U\k If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel h0vy, wacil cs�q lr and the proposed useJLU r,M r7/VO-,, t (ex: existing single AmIly,proposed: same with garage,pool or other) Auth&rued-signature and Date FORMI NO.A TOWN Of SOU THOLD BUIL- iNG DEPA LTi ENT Office of the Building Inspector Town Hall Southold, N.Y. Cerfificate Of Occupancy NO. . . . . . . .Z13603. . . Date . . . . . . . . . .July .8. . . 1985 TRIS CERTIFIES Haat the building . . . .one—family dwelling.. . . . . . . . . .. . . . . . . . . . Location of Property 800 . . . . . . . . . . . . . . . . . .Sound Drive. . . , , . . . . . . , Greenport Hamlet County Tax Map No. 1000 Section . . . ... . . . . , . .Block . . . . . . . . . . . . . . .Lot . . . . . . . . . . . . . . . . . Subdivision . . . Eastern Shores. . . . . . . . . . .Filed map No. 402 . , .Lot No. . , ,.21. . . . . . , conforms substantially to the Application for Building Permit heretofore 1`aled in this office dated . . .�Tov�mber. 9 . . . . . . 1982.pursuant to wifich Build 'i 2035 .. . > . . . . , . . Building l�eraait No. . . Mated . . . . el\Tov,�anbe. 26. . 19 .g?,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-afamily dwelling.®. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issaied to . . . . . . . . . . . . . . 9�q!ST & 114RY STRRkTkK!S of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . ��`�S0�'��0. . . . . . . . . . . .. . . . . . .. . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . . :�6(L 9.W. . . . . . . . . , . . .. . . . . . . . . . . . . .. . . . . . . ' . . . . . .B . ding Inspector Rev.1/81 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TONIN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within 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: 2. Address of Applicant: ! � t� B�� '',� + I VC)?,2.. 3. Name of Land Owner(if other than Applicant): � � 4. Address of Land Owner: 5. Description of Proposed Project: 1606 l to - L4 - 6. Location of Property: (road and Tax"map number) 0-30 10 7. Is the parcel within 500 feet of a farm operation? Yes- o 8. Is this parcel actively farmed? 4Yes9. Name and addresses of any owner s)of lin4NO 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. ,. 4.- 5. 6. (Please use the back of this-pRa-ge-5 this-page-5there are additional property owners) Signature of Apple nac t 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. 61720 Appendix B ,short Environmental Assessment Form Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. 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 24,o341 Na,�m`'e of Action or Project: Project Location(describe,and attach a location map): Brief Description of Proposed Action: Name of Applicant or Sponsor: Telephone: ( C— r 15, + fv\_a4'v' r.:.rC�l(CA���`L�t� E-Mail- Address: City/PO: State: Zip Code: L 00'z7__ 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, No I YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that 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: fU 11 x 3.a.Total acreage of the site of the proposed action? / San acres b.Total acreage to be physically disturbed? c O t Cres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? ?) [Jacres 4. Check all land uses that occur on,adjoining and near the proposed action. []Urban ❑Rural(non-agriculture) []Industrial Commercial esidential(suburban) []Forest ®Agriculture Aquatic []Other(speci []Parkland Page 1 of 4 5. Is the proposed action, N0 YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? E2 Ix I IF 1 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 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: S. a.Will the proposed action result in a substantial increase in traffic above present levels? N0 YES b.Are public transportation service(s)available at or near the site of the proposed action? ;K a c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? )t 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: '_ D 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: F_71 7 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? ly-1 -H 1 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? If Yes,identify the wetland or waterbody and extent operations in square feet or acres: N 11 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: I AlShoreline []Forest []Agricultural/grasslands EJEarly mid-successional tjWetland []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? ® ❑ 16.Is the project site located in the 100 year flood plain? NO YES XLTT 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 R1 D b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: 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: 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: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM`IIHA3 THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF My I( ®WLEDGE Applicant/sponsor na �G t CC 4- � ���'� Date: ' �Z-- 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? 0 11 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 E]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 Elreasonably 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? El 8. Will the proposed action impair the character or quality of important historic,archaeological, F-1architectural or aesthetic resources? El 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 problems? 17 11 11. Will the proposed action create a hazard to environmental resources or human health? Dart 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. 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, F1 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 A jo lication AUTHORIZATION ('Where the applicant is not th,e owner) We, Christ Stratakis and Mary Stratakis, as owners of 800 Sound Drive, Greenport,lam'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 fi7om the Southold Zoning Board of Appeals ........... `Chest S akil' 01 M6Yatakis , APPLICANT 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 1NO_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: -�,-��$.�Y --.._._._-- Christ f Miry S atakis L , atricia C.Moore Town of Southold LWRP CONSISTENCY ASSESSMENT FORM 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 Co 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 Nature and extent of action: setback from Bluff& lot coverage Location of action_300 Sound Drive, Greenport NY 11944 Site acreage: Lot size on map 33,114 sgft,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 &Mau Stratakis (b)Mailing address 50 Sutton Place S, Apt. 12G,1NY,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 PO LIC Y Policy I. 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 imm2roved ,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 swimmmnin� 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 CLHLine. 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 evaluation criteria Yes ❑ No ❑ Not ApplicableX Discussion. (if appropriate): Policy 3e Enhance visual quality and protect scenic resources throughout the Town of 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 flet 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 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. Yes ❑ No ❑ Not Applicable Discussion (if appropriate): PUBLIC COAST POLICIES Policy 9e 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 10e 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 Peconic 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 13, 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 , • ; - !.t . �:.. •2r�+:i�. e i�Jr lw ire pow, • i f t yi►+ =.r� �. >; �rte v: a� 4or ♦ _ _� = H, ::; T Yli 4 ' r'f'�'f►f'�s r f�� r .. ;� 1 �7 n �S1 s, Mr. a,wy A i 5 i• p� k' i' 3 r i L r J� •�s ham, �,.�� �j� �, y ,�. �,c, �~+,• 3.�ylp�'tT%;.��S: .'i'. ti.'s,� •� i�� 1� �!tj'�1ti1•.:.� ������.. ^r�M.- �.. `f .... t�rl�"��K�,e ;�,�..� �• _ .�. .. .►res-. t � ` - •�, ; 311 (� ----- EAS• j CN L>+ -ro sco, E Duck I�v�e -Compl�an" + igays C,ta��on 1b ma,n �a,Y,s �:. Capao��l P1umb[S� Ttei 'r GY`I L,,elt ,o 0. T S, 6.2 a g S'�eP t.,d Bench app Sq F} Pooh - C-, ve. a Y, , u r� � , # 3 Reba g I r PED ARC Gin }e. V ��.�oar I / I ►0 0, Do -# 3 --- w ��� S unC C'� ti v z S�occd C � ��� Q � - Yee r�pov T ,may 115 44 Ve r'hC AS � v OF-_NE �' UI O 3-�l,2l05 r v. TOWN OF 'SOUTHOLD PROPERTY ke%.;wKw wa..-AD DWNER STREET 0",,, VILLAGE DIST. SUB. ji LOT C7 :ORMER OWNER N E A' $ W TYPE OF--BUILDING Es. VL. FARM COMM. CB. MISC. Mkt. Value V4 LAND IMP. TOTAL DATE REMARKS 47 Ve J". 2, 7 7 T, v 1A4,,F1?,!,,,__�1 sv- -,t/a /,zj,is-J,7 c, NEW NORMAL BELOW ABOVE' FARM Acre Value Per Value Acre 'illable I 'illable- 2 illable 3 /oodiand wompland FRONTAGE ON WATER rushland FRONTAGE ON ROAD louse Plot DEPTH BULKHEAD oto, DOCK COLOR 1 tid 4 -H Y 1- -10 t ' I CVT- ,af.'.'.n:'l!�1 .y •.�.,'-1 111/r�::..,.�,," - �.w�''i:.5:'°�'. -_ - - V1.~ dg.p✓ P, a . . " l ,� ;` :_,. -� 'Foundation . Bath Y D"inette Bf a. -xtension (Basement :S: Floors xtension w� 'u' Ext. Walls rvf: ''' Interior.Finish L =xtension ; ' - w ,� ,�a, r'y, . � ,� Fire Place -,,; ,, Heat .l w nu} 'DR. — '> Type Roof I-$L-�_– Rooms 1st Floor BR. Recreation Room Rooms 2nd Floor FIN. B. Porch Dormer Breezeway Driveway Garage rtµY' � 4 --- �; Patio Total N 352 282 5 3 3 w FOR PCL NO SEE SEC.NO r-[4 035-01-024 Tom OF ASOUTI-IOLD 0, /7 35.3 I.BA5.2 3 (-) 0 2.3A(-) 3n3 U. 17 & 10 Ald nn o NO 7. Ra u VVN OF JTHOLD 0 01 P7) III P7) Nq i6 N� 7 Dal 0+ A.Al V.) TOWNOF .5p, 3OUT�OLD -A �k b KL IS wo 1. ep m 0- 5q '1221 R"MO. G) W,, <I NO - N -p, 1 �� jb .2!u22 1 2 lw'k 0 SPACE N 348,482 Z_ LINE NOTICE COUNTY OF SUFFOLK K TOWNDF SOUTHOLD SECTION NO NO E 130 MNTENMCE,ALTERATION,SALE OR Real Property Tax Service Agency Y 035 DISTRIBUTION FANY'ORTION OF THECounty Center RIverhoad,N Y 11901 VILLAGE OF SUFFOLK COUNTY TM MAP 15 PROHIBI SCALE IN FEETM 033 033 I WTHOUT MITTEN PERMISSION OF THE A OrvG REAL PROPERTY 7�SERVICE AGENCY, P 4 034 1 DISTRICT NO 1000 PROPERTY MAP CONVERSION DATE Aug 15 3011 N SURVEY OF PROPERTY A T GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. LONG ISLAND SOUND 1000-33-04-05 SCALE 1'=40' S86'19'30"E 105.36' AUGUST 10, 2004 ------ znv�------ FEBRUARY 11, 2021 y w� MAY 9, 2022 (PROPOSD POOL) JUL Y 12, 2022 (PROP. FENCE & PA 770 REVISIONS) 18 --- �• 3 — dANOWSr�'- rs 8.5 ---------�--_w�� 5 2 •P ---=' O 3 - s ALL BEACH OF 81. _ to STEPS d' WIDE �D CK T 21 �0 0 CEHL tO SOT 22 4-GA PRQPO PROPO% CE PRIME, 100.0' POOL r�G' 70.3. P PROS PG��E 3' �ov� CK D• c �cOPiNG Woo ow 20 SED N PROPOSEDPOOL o --- PPR EQP. SOT PROPPOO ErT POOL97-0 7R LJNEAR .0 5 oUT PIAN'IER 18.1'R % OSED OPO OWER DECK PROOL FENCE. FOOL D AuNIT�11. 'ss.4' 4` �� P,HFAR 15.8 5' PROPOSED m �N' FR•HSE. °° P� SCE 2 STY GAR. 13.2sa. ' twa LINEAR 4' w LOT COVERAGE CALCULA7701V J 2766.4 HOUSE w 1069.3 DECK mQ 800 POOL TOTAL 4,635.7 - 234X LOT COVERAGE S WNE EMS71NG AND PROPOSED SF m �� RE'r HOUSE 2,766.4 SQ FT -52_ TOTAL DECK ABOVE GRADE 1378 SO FT DECK ABOVE GRADE TO BE REMOVED 308.7 SO FT 5 m �" ULDECK ABOVE GRADE 70 REMAIN 1069.3 SO FT —�'�` - - H'�R T - w7 Wr WIRE BEACH STEPS AND LANDINGS 452 SO FT 0.14 WIRES --- - ------ ---------- - PROPOSED POOL 800 SO FT -- - - -101.68' PROPOSED PAHO AT GRADE 1907 SO FT S8535'10"w - BELaAN eLoac AREA LANDWARD OF CEHL 19,794.4 SO FT APRON ,AQQ PROPOSED POOL FENCE 310.3' TOTAL LINEAR AREA=33, 114 SQ. FT. lop L. TO TIE LINE DCONTOUR E �� REFERENCED ATON.A.V.D. 88 DATUM. �b ME ZQ • =REBAR ■ =MONUMENT — — =COASTAL EROSION HAZARD LINE (CEHL) \ r LOT NUMBERS REFER TO "MAP OF EASTERN SHORES" BLED IN 7HE SUFFOLKED COUNTY CLERK'S OFFICE ON APRIL 27, 1964 AS FILE NO. 4021. N.Y.S LIC 051132-01 N.YS. LIC. NO. 49618 ANY ALTERA77ON OR ADDI77ON TO 7HIS SURVEY IS A VIOLA71ON OF PECONIC S YDRS, SEC71ON 7209 OF 7HE NEW YORK STATE EDUCA710N LAW. EXCEPT o P.C. AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON °; (631) 765-5 20 FAX (631) 765-1797 ARE VAUD FOR THIS MAP. AND COPIES THEREOF ONLY IF SAID MAP ® P.O. BOX 909 OR COPIES BEAR THE IMPRESSED SEAL OF 7HE SURVEYOR WHOSE 1230 7RA VELER STREET SIGNATURE APPEARS HEREON. 04-1949 OUTHOLD, N.Y. 11971