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Town Hall Annex P.O. Box 1179
54375 State Route 25 ®��®f S® Southold,NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY � Telephone: 631 765-1938
www.southoldtownny.gov
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PLANNING BOARD OFFICE
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 September 20,2022
Re: LWRP Coastal Consistency Review for ZBA File Ref KATHLEEN WALAS AND THOMAS
SARAKATSANNIS#7835
SCTM No. 1000-53-1-16
KATHLEEN WALAS AND THOMAS SARAKATSANNIS #7835 - Request Variances from Article XXIII,
Section 280-124; Article XXXVI, Section 280-208A, and the Building Inspector's May 25, 2023, Amended July
7, 2023 Notice of Disapproval based on an application for a permit to demolish(as per Town Code definition)and
reconstruct a single-family dwelling with swimming pool addition; at 1) located less than the code required
minimum front yard property line setback of 40 feet; 2) located less than the code required minimum side yard
property line setback of 15 feet; 3)the construction exceeds the permitted sky plane as defined in Article XXXVI,
Section 280-4 of the Town Code; located at: 750 Brooks Road (adj. to Pipes Neck Creek, Greenport,NY. SCTM
No. 1000-53-1-16.
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 structure in this location does not enhance community character and sets a precedent for
the expansion of structures in FEMA EL 7 hazard areas.
The breach of the sky plane is not a result of the FEMA first-floor elevation requirement but rather a
personal preference in design.
It is not consistent with this policy.
Policy 4. Minimize the loss of life, structures, and natural resources from flooding and erosion.
A portion of the parcel and structure is located within a FEMA AE flood zone EL 7. Structure in these
areas should be minimized to prevent exposure to flooding and damage and loss over time.
1. The location of the new sanitary system although a benefit in nitrogen reduction,is
located close to the waterbody. The grading plan is unclear. Do they propose to elevate
the majority of the property to 6'? The potential that this area will flood during storm
events is moderate to high. I recommend that the Board require a written grading plan
from an engineer.
Policy 6. Protect and restore the quality and function of the Town of Southold's ecosystem.
2. The ecological significance of Pipes Cove is very high. The location of the structure
closer to the wetland is unsupported. Buffer widths should be maximized to the greatest
extent practicable.
3. The pool dewatering well location 31' to the wetland is unsupported. Will the pool be
chlorinated or will a less impactful water type this close to the surface waters be used?
4. The drywall locations should be evaluated for function during tidal cycles and period of
high groundwater. More information on the bottom elevation of the drywell and the
water table should be given. i
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.
Cc: Paul DeChance,Town Attorney