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HomeMy WebLinkAbout1000-21.-5-5 OFFICE LOCATION: S® �®�® MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 ® �� Telephone: 631 765-1938 C®m� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Leslie Weisman, Chair Members of the Zoning-hoard of Appeals From: Mark Terry, AICP Assistant Town Planning Director LWRP Coordinator Date March 27, 2024 Re: LWRP Coastal Consistency Review for ZBA File Ref STEPHANE SEGOUIN#7891 SCTM No. 1000-21-5-5. STEPHANE SEGOUIN 47891 -Request for Variances from Article XXII, Section 280-280-116A(1); Article XXIII, Section 280-124; Article XXXVI, Section 280-208A; and the Building Inspector's November 8, 2023,Amended December 13, 2023 Notice of Disapproval based'on an application for a permit to demolish(as per Town Code definition) and reconstruct a single family dwelling,,a new accessory in-ground swimming pool, and to legalize two as built accessory decks; at; 1)more than the code permitted maximum lot coverage of 20%; 2) dwelling located less than the code required minimum side yard setback of 7.5 feet; 3) dwelling exceeds the permitted sky plane as defined in Article I, Section 280-4 of the Town Code; 4) dwelling located less than the code required 100 feet from the top of the bluff; 5) swimming pool located less than the code required 100 feet from the top of the bluff, 6) accessory deck located less than the code required 100 feet from the top of the bluff; 7) accessory deck located seaward of the top of the bluff; located at 310 the Strand, (Adj. to Long Island Sound) East Marion,NY. SCTM No. 1000-21-5-5. 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 setbacks and exceedance of the building height of 35' proposed does not enhance community character and sets a precedent on construction in the neighborhood and within the community. The action is not consistent with this policy. Policy 4. Minimize the loss of life, structures, and natural resources from flooding and erosion. The proposed 24.02 percent lot coverage on the parcel is contrary to preventing loss of structure near hazards. The structures within these areas are subject to repetitive loss from storm surge-induced events and should be avoided and/or minimized. Setbacks should be maximized. The review addressed the less-than-the-code-required 100-foot setback from the toe of the bluff. In 1975, a Covenant and Restriction (Liber 7969 page 274) was placed on the lot, which is included in the subdivision known as Pebble Beach Farms. Clause 10 prohibits the construction of any Dart of a dwelling northerly of an approximate 100-foot bluff set back line. The text of the clause is included below. 10. An owner of a waterfront lot facing on the Long Island Sound shall not construct any part of the dwelling northerly of the approximate 100 foot bluff get-back line shown on the filed map unless approved by the Town of Southold. Note: The decks do not comply with Chapter 275-11. The decks extend over the top of the bluff (seaward) and equal 268 sq. ft. in area. The total maximum area permitted is 200 square feet. Platforms. [Amended 10-11-2005 by L.L. No. 17-2005, 10-9-2012 by L.L. No. 12-2014 ,[aLPlatforms associated with stairs may not be larger than 100 square feet. [Amended 1-29-2013 by L.L. No. 1-20131 j�ALPlatforms 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. Cc: Paul DeChance, Town Attorney OFFICE LOCATION: OF SOU A AILING ADDRESS: Town Hall Annex �� TjyO P.O.Box 1179 54375 State Road Route 25 ,`O l0 Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) Southold,NY Telephone: 631 765-1809 • �OQ http://southoldtownny.gov ZONING BOARD OF APPEALS Town of Southold January 12, 2024 Mark Terry, Assistant,Town Planning Director ® ECEI ® A LWRP Coordinator B� Q1 ED Planning Board Office JAN 12 2024 Town of Southold Town Hall Annex Southold Town Southold,NY 11971 Planning Board Re: ZBA File Ref. No. # 7891 —Stephan Segouin Dear Mark: We have received an application to demolish (as per Town Code definition) and reconstruct a single family dwelling, a new accessory inground swimming pool and legalize (2) as built accessory decks. 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, Leslie K. Weisman Chairpe on n By: Encl. Site Plan/Survey: MCH Design Service,dated December 7,2023 Public Hearing Date:April 4, 2024 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE:November 8,2023 AMENDED: November 13,2023 AMENDED: December 13,2023 TO: Michael A. Kimack(PB East LLC/Segovin) PO Box 1047 Southold,NY 11971 Please take notice that your application dated June 21,2023: For permit: demolish(as per Town Code definition)and reconstruct a single-family dwelling, a new accessory in-ground swimming pool and to legalize(2)as-built accessory decks at: Location of property: 310 The Strand,East Marion NY County Tax Map No. 1000—Section 21 Block 5 Lot 5 Is returned herewith and disapproved on the following grounds: The proposed single-familv dwelling on this nonconforming 24,689 square foot lot(15,644.7 sq_ ft. buildable land) in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124, non-conforming lots which states lots measuring'20 60.0-39 999 square feet in size allow maximum lot coverage of 20%. The lot coverage is a 24.02%. The single-family dwelling is not permitted pursuant to the approved Pebble Beach subdivision which requires a minimum side yard setback of 7.5 feet The proposed construction has a side yard setback of 7.2 feet. Additionally,the proposed single-family dwelling is not permitted pursuant to 280-208(A)which states, °env building or structure on any lot in the A-C,R-40 R-80 R-120 R-200 and R-400 ,Zonmg.Distr'ots must be within the sky plane." The proposed construction exceeds the permitted s lane. ,�� The_prop s dsingle-family dwelling accessory in-ground swimming pool and(2)as built accessory decks are 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 sh'dlNe set back not fewer than 100 feet from the top of sue6r6 uff."The dwelling has a setback oA97' A the�top of bluff the swimming pool has a setback off 64 feet the smaller accessol y d as 10 Aback to top of bluff and the larger accessory deck is seaward of the lop of bluff This Notice of Disapproval has been amended to re ect the revised plans last dated, 1217123. Authorized Sig 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 AREA VARIANCE House No. Street 29& r1-RA V,P Hamlet SCTM 1000 Section: Block:_'57- Lot(s) Lot Size:24 Zone_-10 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Owner(s): S� '/' ,�i�l, 1`L&,60& -/ Mailing Address: ,E6 79 1-116,41,6l yk2 APD-1 .SD4/11S° Telephone:F/Z W2 -,rO Fax: Email:EM�� X y A-10 0 r CO Al 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: )V/0/,Q& A'. A LiJpClG for N Owner( ) Other: Address: O. o X 104?. 1J/.4 fl?7 Telephone:,lb 6629-6807'ax: Email:ZfV®/�/�C'�Z���`�/eo&,A,,'F r- Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED FOR: 04 Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( ) 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: Section: Subsection: Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Request for Reversal or Overturn the Zoning Officer's Denial Other A prior appeal N has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s).jM2_Year(s). /9XgR (Please be sure to research before completing this question or call our office for assistance) Segouin: Project Description Legalize existing decks at bluff( 13.56 ft. x 12 ft. : 168 SF and 10 ft. x 10 ft : 100 SF ( 262.7 SF ) Demolish and reconstruct existing single family dwelling (existing house: 1740 SF, existing l attached garage : 327.5 SF and existing 2"d floor; 1602.5 SF ( 3670.0 SF total ). Expand second floor by 172.0 SF (Total new dwelling GFA: 3,842.0 SF ) Existing east porch to remain (326.5 SF ). Demolish existing 2"d floor balcony(182.8 SF ). Proposed second floor balcony ( 456.0 SF ) Proposed stone patio and pool surround on grade: ( 1480 SF+/-) Proposed 18 ft.x 36 ft. in ground pool ( 648 SF ) Page 2, Area Variance Application Revised 6/2023 REASONS FOR APPEAL (Please be specific,additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: .rOUCA44 i4"A Aemi konei 1-axo� opd QGS' E�Asl7SVG f11tZ)AZ1,y& COY1-r7—X0 2W G Z Z Al- _170E MA11014 70 O V`e-R) 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: s(�p Q pt!>OZ4,11.tGG; dAZLY k'f�'afilL1845# .4V 12W'C,,5_GU 114770.U: PINA2 3.The amount of relief requested is not substantial because tt10 ULl7 Ale6N95E4 tSf C 0VAeAGE! PV C Of��!J !J1/C�.I DVE� Zo?a w �.�,� �1L� 67ZJS 20 �'a VV1c��ss)ta+V� lCXV; �UP"�•t/ 'L��/��P vs'4fo.�°r C XIAi YAW o�' 7.Z�r. "'�T��4 �'uasv,asrrrr�� GfI�LlI�fIG F-�CC�DS f>r����'t/0.��.���DO � 4(.4e variance will NOT have an adverse effector ac on e p Baca o envuonin ntal conditions in the neighborhood or district because: /J' C Oil�C?�Sp�s, 47!Vi6 J'�yC,�mGtJ�t t/.tJGS a�Vv ft,4A/ rl�.� P.e os cs pGU,�GL6J►!G cv t��L.D �1s�lovar /it/ /y NV o� NlG�F�O,PIiV(� OGUI.*'lIV�G �440 g6N oov •4�Y 11P V ' ��,Icca—opt! 77S� ap 5.Has the alleged dif iculty been self created? {d Yes,or { }No Why: • Are there any Covenants or Restrictions concerning this land? 04 No { }Yes(please furnish a copy) • 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. By signing this document,the PROPERTY OWNER understands that 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 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. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this /day of l� ��`- ,20 L.-3 DIANE DISALVO 4 NOTARY PUBLIC-STATE OF NEW YORK IQJ ' No. O1 DI475593 Notary Public Qualified in Suffolk County 9/ My Commission Expires April 30, 202 Zoning Board of Appeals APPLICANT'S PROJECT DESCRIPTION APPLICANT: SCTM No. /©aO — �- 1. For Demolition of Existing Building Areas Please describe areas being removed:,qa Ojt= 1^`A1,LCG a Dr./T!0i1ls II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: /1Q.eV,6 Dimensions of new second floor: Y-M X.S70t'T Dimensions of floor above second level: A_ o& Height(from existing natural grade): _ .27/a SLI" 8 -m e Is basement or lowest floor area being constructed?If yes,please provide height above ground)measured from natural existing grade to first floor: R,6V0V&!--ZWS 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: ;%-V �,� Number of Floors and Changes WITH Alterations: Z IV.Calculations of building areas and lot coverage,sky plane(From Surveyor,Design Professional): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: 2!5 Percentage of coverage of your lot by building area(lot coverage) Gross Floor Area(GFA)of single family dwelling including the attached garage and/or habitable detached accessory structure: (Please refer to Chapter 280, Section 280-207 of the Town Code): For Residential lots,is project within the allowable Sky Plane?(Please refer to Chapter 280, Section 280-208 of the Town Code): �f6P� -_ L LS 7°9'�000W x&Y 81AA E� ;E ST.rID,E' a6 3�� AR0Ve 1'�Yf�G�.(!!���.4.5'T�'YD� WaW,0 ArV6 SE 7" rl g V,=.rr XlAe'WCU4> 1AICREIW`'X 7�' V.Purpose of New Construction: 2'�n�Y. C�iVJT.�l�cj7d t/ tO �4/_?1J .4 MAeZP -W 0% 4AQ TWO 42 9A7 AeQ 0H-s'ZZA!�dZ® t1�r� gi�l,��rfrT— 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): Describe on separate page if needed: dWi99 rO MP 00= el&J cT. > .35-®To fWO.Z'r�LIN.� 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. Revised 6/2023 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises currently listed on the real estate market for sale? Yes No B. Are there any proposals to change or alter land contours? _XNo Yes,please explain on separate sheet. C. 1.)Are there areas that contain sand or wetland grasses? IV a 2.)Are those areas shown on the survey submitted with this application? AIM 3.)Is the property bulk headed between the wetlands area and the upland building area? &id 4.)If your property contains wetlands or pond areas,have you contacted the Office of the BOARD OF TRUSTEES for its determination of jurisdiction? Please confirm status of your inquiry or application with the Board of Trustees: If issued,please attach copies of your permit listing conditions of approval with a copy of the 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? A/O E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? A If any of the aforementioned items exist on your property,please show them on a site plan. F. Are there any construction projects currently in process on your property? 0 If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe scope of work: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If none exist,please apply to the Building Department to obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? If yes,please label the proximity of your lands on your survey and identify the Suffolk County Tax Map No. /O O ®—2!— i-- 4 1. Please list present use or operations conducted at your property, and/or the proposed use QVZ tAA�/Ly �2rCS/l��iy�?/�L wl'e "&/LY J. (examples:existing single family,proposed:same with garage pool or other) e�� 16�0 Authorized signature Date FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z17578 Date DECEMBER 8s 1988 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 310 THE STRAND EAST MARION House No. Street Hamlet County Tax Map No. 1000 Section 21 Block 05 Lot 05 Subdivision PEBBLE BEACH FARMSFiled Map No. 6266 Lot No. 135 _ conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 18, 1987 pursuant to which Building Permit No. 16049Z dated im 10, 1987 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 ONE FAMILY DWELLING, ATTACHED GARAGE AND 2ND STORY DECK. The certificate is issued to NICK THEOPHILOS (owner, ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 87-SO-97 AUG. 17, 1988 UNDERWRITERS CERTIFICATE NO. N047700 NOV. 29, 1988 PLUMBERS CERTIFICATION DATED CONSTANTINOS ZERVOS 12/1/88 Building Inspector Rev. 1/81 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN 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: A11 C,#AFL A. 2. Address of Applicant:_ d; ® ��� ,S6[1�'�D L� �}� l✓ 7f 3. Name of Land Owner(if other than Applicant): rZ2 ,9 AlN fQU/�d 4. Address of Land Owner: ;�-97,;P&,(6A1.ZL y4P �1,S ptaj"46j24CA) g5JZgffW n g�-741,y 5. Description of Proposed Project: jo,EHO 41 O,(> 0? AEC d1jj1'J w C 770,V a 6. Location of Property: (Road and Tax map Number) ,7/ p 2W,-r S-n?4,V® 7. Is the parcel within 500 feet of a farm operation? { } Yes {X No 8. Is this parcel actively farmed? { } Yes {X No 9. Name and addresses of any owner(s) of land 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 page if there are additional property owners) Signature of Applicant 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. Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I,_.� `���lit/ G�� /�✓ residing at IZ 79/{ wAzy4je RD,x (Print property owner's name) (Mailing Address) do hereby authorize C11,4ZZ ,g jejj" ,CI,- (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner'" Signa ) (Print Owner's Name) t APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town ofSouthold's Code of Ethics prohibits conflicts of interest on the Dart of town officers and emnigyees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whztever action is necessary to avoid same. YOUR NAME: 4�f �/�{/ s��PNs�Al (Last name,first name,giiddle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (if"Other",name the activity.) 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 55%of the shares. YES __❑___ NO ___1=1 I If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee,Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): _aA)the owner of greater than 5%of the shares of the corporate stock of the applicant fj (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the Eapplicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D- )the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this_j;j&dai of 20,�g Signature_ I Print Name Form IS I AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's 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: ok'/MA C IZ IYI C&A,rl A (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's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning 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 If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe 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 that 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—&2-/-4day of AZ 6 V 20 2.3 Signature Print Name HI CA4115C & k/4W CI_ 6I Z20 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 Name of Action or Project: Project Location(describe,and attach a location map): Brief Description of Proposed Action: Name of Applicant or Sponsor: Telephone /6 Q 7 E-M • A N Address: . 6. Rox 1047 City/PO: State: Zip Code: ro r e / 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 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: X 3.a.Total acreage of the site of the proposed ac ion? ®,6'7 acres b. Total acreage to be physically disturbed? O O 5- acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑ Commercial XResidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑ Other(specify): 0 Parkland Page 1 of 4 Segouin: Project Description Legalize existing decks at bluff( 13.56 ft. x 12 ft. : 168 SF and 10 ft. x 10 ft : 100 SF ( 262.7 SF ) Demolish and reconstruct existing single family dwelling(existing house: 1740 SF, existing attached garage : 327.5 SF and existing 2"d floor; 1602.5 SF ( 3670.0 SF total ). Expand second floor by 172.0 SF (Total new dwelling GFA: 3,842.0 SF ) Existing east porch to remain (326.5 SF ). Demolish existing 2"d floor balcony(182.8 SF ). Proposed second floor balcony (456.0 SF ) Proposed stone patio and pool surround on grade: ( 1480 SF+/-) Proposed 18 ft. x 36 ft. in ground pool ( 648 SF ) 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural 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: y 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? X 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: 'ra IV 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:IV,; V O/t,Il'! X awr-s ".P;?�& 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? �B If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: K 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: V Shoreline ❑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? y 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? VNO ❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO)d 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: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: 4 141 C Date: /�� ?Q z3 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, waterbodies,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? 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. 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 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# Z) - - The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. [11 Building Dept. Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity, agency regulation, land transaction) 0 (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval,license, certification: Nature and extent of action: Segouin: Project Description Legalize existing decks at bluff( 13.56 ft. x 12 ft. : 168 SF and 10 ft. x 10 ft : 100 SF ( 262.7 SF ) Demolish and reconstruct existing single family dwelling (existing house: 1740 SF, existing attached garage : 327.5 SF and existing 2"d floor; 1602.5 SF ( 3670.0 SF total ). Expand second floor by 172.0 SF (Total new dwelling GFA: 3,842.0 SF ) Existing east porch to remain (326.5 SF ). Demolish existing 2"d floor balcony(182.8 SF ). Proposed second floor balcony(456.0 SF ) Proposed stone patio and pool surround on grade: ( 1480 SF+/-) Proposed 18 ft. x 36 ft. in ground pool ( 648 SF ) Location of action: 9L0 AN D- HA P7— /-/A&O / Site acreage: 9,577 Present land use: 9,617 P A6N T-14 4-- Present zoning classification: R' 4 D 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: (b) Mailing address: yr--Z)/eE7R jW 5 (c) Telephone number: Area Code( ) !'1' Cl/2 30 9.6 (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No 2( 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 LNVRP Section III-Policies; Page 2 for evaluation criteria. ❑Yes ❑ No 0 Not Applicable De/ CY 0 .ZC/�/ h aV-45 G IAI6 710 B—,47 ANC MI-S-7,240L fib Attach additional sheets if necessary 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 LrS;J Not Applicable ,Ada M�0--Z-6 ,-A,(o ZO ed,�,4'�oG tJ Gl C.4 Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 0 Yes © No 0 Not Applicable !l>GE' NZ6par" ?00Z 6OIZZ A/a r A2 Attach additional sheets if necessary 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 D No Not Applicable PC l C Y A Z—V r/-/!s" AAP1/ CA 714 Al Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No Z Not Applicable PQ L i CY S` eV ,4 7`a rIr 4APL�C,4 77041 Attach additional sheets if necessary 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 0 No® Not Applicable PITZI CV 4 &1S4 n 7-97S" APPLl C'47743LZ Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. --— -❑—Yes_❑ No,R- Not Applicable ROV cy 9 Ay/A r`0 ",00Z/C',4 &0�t/ Attach additional sheets if necessary 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 5'2'd Not Applicable AW-1 J 291W f-O 4M ZV1LJ'2=F5* -'_Q P A1_rAd V 4 A)Q AA;ueb 3US .f'lJ&z2war_ S' Amp &j a_rTz-s' cw poor pmD,RmTi UR eR0P4-250 7`0 kE UZO MI 22Q4EeZZ PUBLIC COAST POLICIES 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. ❑ Yef] No® Not Applicable Pa�i�Y _v/� 7-0 Attach additional sheets if necessary 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 0 No 0 Not Applicable AOLrc, a Al ZV1S7AI' &C-4/7641 Attach additional sheets if necessary 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. 0 Yes ❑ No ® Not Applicable e-6L1Cy /z A 7 Af-&Z CAZZ6,4/ Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. 0 Yes ❑ No® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. 0 Yes ❑ No,® Not Applicable Po l Cy N& ?'� 7WX A oe&l C9 V-6-& Created on 5125105 11:20 AM SOUTHOLD BOARD OF APPEALS PRIOR FINDINGS, DELIBERATIONS AND DETERMINATIONS REQUEST RELIEF FOR LESS THAN REQUIRED SETBACK FROM BLUFF PURSUANT TO ARTICLE XXII, SECTION 280-116 a. (1) , GREATER COVERAGE THAN PERMITTED UNDER ARTICLE XXIII, SECTION 280-124 AND PEBBL;E BEACH SUBDIVISION MINIMUM SIDE YARD SETBACKS DISTANCE FROM BLUFF A. ZBA File: 3792 Approval to construct an 18' x 36 ' in ground swimming pool at not less than 60 feet from the top of bluff. Note: Same property now in ownership of applicant. ( mislabeled as 450 the Strand). 1. ZBA File: 4801 Approval to construct pool 63 ft. from the bluff line and 51 Ft. _/- setback from the average line of bluff. The Board found that the benefit sought cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the house was located in its present location more than 20 years ago and preexisted the bluff-setback restrictions of the current code 2. ZBA File: 4245 Approval to construct pool and deck area no closer than 50 feet from top of bluff. The Board found it was not uncommon for parcels along the Sound bluff to require variances for accessory structures within 100 feet of the bluff due to the limited available building area after meeting all other setback requirements of the zoning code (6 c) 3. ZBA File: 4750 Approval to construct a 16'x32' in-ground pool no less than 60 feet from the actual top of bluff 4. ZBA File: 4794 Approval to construct a 20'x40' pool whose seaward edge shall be no closer than 50 feet from the top of the sound bluff. 5. ZBA File: 5629 Approval to construct a 20'x40' in-ground pool no less than 64 feet from top of bluff. 6. ZBA File: 6027 Approval to construct an 18'x 36 ` in-ground pool no less than 70 feet from top of bluff LOT COVERAGE 7. ZBA File : 6725 Approval of construction of new dwelling conditioned not to exceed 24% coverage SIDE YARD SETBACKS 8. ZBA File : 7524 Approval to demolish and reconstruct single family dwelling with a minimum side yard setback of 6.5 feet and a combined side yard setback of 13 feet 48 N I n � 16 17 (139) d (7 ) z t ass �...../ .a���. . _ )�____\�••, 1.3A \ l7a} \O2�\ 10�''\ 2q1 rJ\al ,� (137)` 8 �� G� ! OPEN SPACE \ A, 18 * 19 777 po (f34} \i��.rJ 'a ��, ap,,'20 J,,�.1.4, s t ) pi) 026) (8D) e tx (,say ?9e 78 83• m o 77 �s (122) 74 �' g 80 79 (81) .7 70 T6 N, (82) 69 75 ca3) Oti (85) • t mp (117) ws ,� o (�) � 64 ' 68 o (116) ^y (87) ,(a 61 '',67 101 ! 32.4A 60 63 62 (89) 4: �s 58 6 '59 �a9) tail Do (OPEN SPACE) ' !y r ' FUwe, Southold Town ,Board of Appeals °y�o• ��0� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI ACTION OF THE BOARD OF APPEALS JAMES DINIZIO,JR. Appeal No. 3792: At a Meeting of the Zoning Board of Appeals held on December 16, 1988, the above appeal was considered, and the Action indicated below was taken on your Request for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2A: Upon application of NICK THEOPHILOS for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2A for permission to locate swimmingpool with fence enclosure with an insufficient setback from average line of bluff along the Long Island Sound. Location of Property: 450 The Strand, East Marion, NY; Pebble Beach Farms, Inc. Subdivision Lot #135; County Tax Map District 1000, Section 21, Block 5, Lot 5. WHEREAS, a public hearing was held and concluded on December 8, 1988 in the Matter of the Application of VINCENT GEROSA under Appeal No. 3792; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; 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, the Board made the following findings of fact: 1. The property in question is identified on the Suffolk County Tax Maps as District 1000, Section 21, Block 5, Lot 5 , and is known and referred to as Subdivision Lot No. 135, Subdivision Map of Pebble Beach Farms, filed in the Suffolk County Clerk' s Office as Map Number 6266. 2. The subject premises is improved with a single-family dwelling as more particularly shown on the survey map prepared by Roderick VanTuyl, P.C. , amended July 22, 1988. Page 2 - Appl. No. 3792 Matter of NICK THEOPHILOS Decision Rendered December 16, 1988 3 . By this application, appellant proposes to construct an inground swimmingpool of a size 18' by 36' and four-foot high fence enclosure, leaving an insufficient setback at its closest point to the top of the bank (or bluff) at not less than 60 feet (and 65 feet for the outer edge of pool construction) . . 4. Article XI, Section 100-119.2, subparagraph A(1) requires all buildings and structures proposed on lots adjacent to the Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff, or bank. 5. The existing dwelling is shown to be set back at 100 feet from the average top of bluff line; the width of the parcel is nonconforming at 75 feet and has an upland area of approximately 17,000 sq. ft. (exclusive of the land area below and along the bluff) . 6. In considering this appeal, the Board finds and determines: (a) the activities required for the placement of this construction are to be built without disturbance to the vegetation of the bluff or be adverse to the character of the immediate area; (b) the percentage of relief in relation to the requirement is substantial; however, there is no other alternative for appellants to pursue other than a variance; (c) the practical difficulties are related to the land with the established nonconformities, and are not personal in nature; (d) the grant of this variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (e) in considering all the above factors, the interests of justice will be served by granting the application, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance from Article XI, Section 100-119.2A of the Zoning Code for permission to locate inground swimmingpool with fence enclosure as applied in the Matter of NICK THEOPHILOS under Appeal No. 3792, SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be no disturbance within 60 feet of the bluff (or bank) area {any and all grading, excavating, etc. shall be away from the bluff and directed toward the house/street yard area) ; 2. Pool and patio areas shall not be physically attached to the principal structure and shall remain unroofed; 3 . Storm drains or leeching basins should be installed (away from the bluff and directed toward the front yard) ; Page 3 - Appeal No. 3792 Matter of NICK THEOPHILOS Decision Rendered December 16, 1988 4. Highest elevation of the pool construction shall be at grade level (and not built above the ground level) , as proposed; 5. No overhead lighting adverse to neighboring properties. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Member Doyen of Fishers Island was absent due to serious family illness. ) This resolution was duly adopted. lk ,# r- GERARD P. GOEHRINGER, MAIRMAN „�,,...... 1 f �iG/I�F��/•J 1 STI1, x � � �.oSirlVloNY — c v` I r THE WAT )1 nn V SYSTEMS 7 U CONFORIt I -Z 3 z , 7 (. Z t. �.� • 7itt.� V SUFFOLK � � �, � `A�n ,o'er°�i� .�� � ► :.. M� -1 ,:j Q- 1�. cs�_ J: �' �C f a . is✓�t5r?a0= �� i S SUFFOLK SERVIC CONSTRU v • ` y p+��i �I J 3• �`I % DATE:_ F_!.itE i;` �_ ,�i GAM wofr,. \, I� i H.S.REF. APPROVE SeIRO 1�61&T51S �� ! j r Ott .4 1� SUFFOL 141 I 15+ P.!<TA ti31NG4VACl t DIST. �L? I owNERs a _ �xJ l L —" FY _._ter,• .•1Vi:. . DES ED' l TEST HC / Piaro COT, .4 r A>bE, •PPCPOSE-7:� f O0L Ly(fN =ENC_ E �` �,� ✓:•i�;+vl /\ i } 4C AT Gt!.DE bccKI'AT,0 I f \/�•�.^ [^ i �!', •a7i.t�-C• �i s C% . -f /P'-���Y'• .r.,7 •/�rid f •f .r•-� f � � s -_ — * : � ' •ram �Lra.e: - 4MENVED-J _r _ .s� 4' 1 `� — ._-A- 1---1 L-.L �-. /2• 'Sr.. :�c':C:�:t=r �:`'•F i I I AP'.E'EALS BOARD MEMBERS gUFFO(,� 0�0 Co Southold Town Hall Gerard P. Goehringer, Chairman �� G'y 53095 Main Road James Dinizio,Jr. y P.O. Box 1179 Lydia A.Tortora 0 Southold, New York 11971 Lora S.Collins ey ��� ZBA Fax(516)765-9064 George Horning �Cl 41 �a Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2000 Appl. No. 4801 - NANCY WEBER 1000-21-5-7 STREET& LOCALITY: 160 The Strand, East Marion DATE OF PUBLIC HEARING: April 6, 2000; May 4, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 31,800 sq. ft. in area with 60+- ft. frontage along The Strand, at Pebble Beach in East Marion. The lot is improved with a two-story frame house with garage and deck as shown on the April 10, 2000 site plan prepared by Michael Tortorice, R.A. The existing house is shown at 100+- feet from the southerly front property line, 100 ft. min. from the bluff line,'26.0 feet from the west side line and 22.6+- ft. from the east side line. The tie line/average line of bluff is approximately 176 feet landward of the high water line of the Long Island Sound. BASIS OF APPLICATION: Building Inspector's March 2, 2000 Notice of Disapproval citing Article XXIII, Section 100-234A.1 of the Zoning Code with respect to a proposed 51 (+-) ft. setback from the average line of bluff for an accessory in-ground pool. Article XXIII, Section 100-239.4A.1 states that setbacks for all buildings shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank of the Long Island Sound. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance to locate an in-ground swimming pool 28 feet from the rear of the existing dwelling and 63 feet from the bluff line. The setback from the Coastal Erosion Hazard Line is 58 feet A proposed dry well will be maintained at a minimum of 10 feet from the rear of the house and property lines. 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 not produce an undesirable change in character of neighborhood or a detriment to nearby properties because many properties in the area have similar building setbacks. Swimming pools are not uncommon in the neighborhood, and construction of a conventional pool on applicant's property will be unenclosed, except for required fencing. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the house was located in its present position more than 20 years ago and preexisted the bluff-setback restrictions of the current codes. 3. The requested area variance is substantial and represents a 37-foot reduction in the code required 100 ft. minimum setback to the bluff line. 4. There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The applicant has agreed to r Page 2-May 10, 2000 ZBA Appl, No.4801 - N.Weber Parcel 1000-21-5-7 accept the following conditions to mitigate any potential adverse environmental impacts. In considering this application, the Board deems this action to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance requested, SUBJECT TO THE FOLLOWING CONDITIONS: 1. All roof run-off and pool water drainage shall be placed in dry well(s) located south of the pool or house. 2. Hay bales shall be placed approximately 48-50 ft. from the top of the bluff, near 10 ft. overcut encompassing north, west and east sides of the pool. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, and Collins. (Member Homing of Fishers Island was absent.) Th' o /n ul pte (4-0). GERARD P. GOEHRINGER, 0AIRMAN For Filin 15. 2000 RECEIVED AND FILED BY THE SOIUTHOLD TOVnq CLEpK DA brMoe, Town Clerk, Town of Scutl-.old APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 3 v E' -~� 53095 Main Road Serge Doyen,Jr. 5 P.O. Box 1179 James Dinizio, Jr. sy, �O� Southold, New York 11971 Robert A. Villa ��1 Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS'AND DETERMINATION Appl. No. 4245. Application of GEORGE and SUSAN TSAVARIS for a Variance under Article XXIII, Section 100-239.4A for permission to locate swimmingpool with fence enclosure within 100 feet of bluff of the Long Island Sound. Location .of Property: 2170 The Strand, Lot III at Pebble Beach Farms, East Marion, NY; Parcel ID No. 1000-30-2-53. WHEREAS, a public hearing was held on June 8, 1994, at which time persons desiring to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board. Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: I. This is an application for a Variance under Article XXIII, Section 1.00-239.4A. for approval of an accessory swimming pool structure with fence enclosure in the rear yard area of the subject premises. A variance is required for the reason that the rear yard encompasses that area within 100 feet of the Long Island Sound bluff. The setbacks of the pool structure are proposed at not closer than 10 feet to the easterly side property line and not closer than 50 feet to the existing line at the top of the bluff (or bank) of the L.I. Sound. 2. This property is known and identified as Lot No. 111 on the "Map of Pebble Beach Farms" and is improved with a single-family, two-story dwelling with porch situated at 55-1/2 feet from the closest distance to the top of the bluff line and located 100 feet from the average top of bluff shown on the filed subdivision _map. Also existing at the premises is an antenna dish structure, barbecue "burner," . play area and deck landward of the top of the bluff. . Pagg 2 - Appl. No. 4245" Application of GEORGE & SUSAN TSAVARIS Decision Rendered June 8, 1994 There are steps also located sloping down the bluff to the beach area at the bottom of the bluff. 4. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff 'or bank. 5. In considering this application, the Board finds as follows: (a) the overall dimensions of the in-ground swimming pool, as proposed, are 30 ft. by 15 ft. (b) the in-ground swimming pool is shown to be detached as an accessory structure; (c) there are cedar trees existing along the easterly side of the property which will continue to .be maintained for screening purposes; (d) there is no other location to locate this swimming pool on this property without other variances and further consideration. The alternatives are not more feasible under the circumstances. (e) this application is strictly for an in ground swimming .pool and patio areas at ground level and fence enclosure which are also subject to the approval of the building inspector. 6. It is the position of this Board that in considering this application: (a) the relief requested is in this application is not substantial in relation to those buildings existing generally in the neighborhood and along this Sound bluff;. (b) a swimming pool structure with fence enclosure are permitted accessory uses incidental -to the main use of the premises, to wit: residential. (c) it is not uncommon for parcels along the Sound bluff to require variances for accessory structures within 100 feet of the bluff due -to the limited available building area after meeting all other setback requirements of the zoning code; (d) there are similar structures in the immediate neighborhood to the west; Page 3 - Appl. No.- 4246 Application of GEORGE & SUSAN TSAVARIS Decision Rendered June 8, 1994 (e) the difficulties are uniquely related to the character, layout and size ,of the property, and the difficulties claimed are not personal to the landowner; (f) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, nor will it prevent neighboring properties from enjoyment of their properties; (g) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Member Wilton, seconded by Member Dinizio, it was RESOLVED, to GRANT a variance for an accessory swimming pool structure placed in a horizontal position, with fence enclosure SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the cedar trees as exist be properly maintained in good condition (prior ZBA Appeal No. 4080); 2. That there be no physical disturbance to or near the bluff area (north of the proposed swimming pool location); 3. That• the appellants must apply for and receive a building permit (and other agency approvals which may be deemed necessary) for these new structures before commencing construction activities. 4. That there be no adverse (or overhead) lighting that may affect other properties.. 5. That drainage of the pool water, when necessary, be placed within a backwash cistern or dry wells (landward of the pool area). 6. That the' swimming pool remain detached without a physical connection to the house. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio Villa and Wilton. This resolution was duly adopted. F.ECEIVED AND FILtD 13Y lk THE SOUTHOLD TOWN CLERK DATE FOUR 7� GERA,. P. GOERRINGER .../ CHAIRMAN too Ifur -or, W� ?PN EAST MAC) � S. - -'- TowsQ OF SOU HC ..: `Y t • r� A,'PEA1:i BOARD MEMBERS SUFFQ( Southold Town Hall Gerard R Goehringer,Chairman �� Gym 53095 Main Road James Dinizio,Jr. y =� P.O. Box 1179 Lydia A.Tortora Southold,New York 11971 Lora S. Collins y ��� ZBA Fax(516)765-9064 George Horning ��l �.� Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS, and DETERMINATION MEETING HELD DECEMBER 1, 1999 Appl. No. 4750- RICHARD RIBAUDO Street and Location: 19220 The Strand, East Marion 1000-30-2-56 Date of Public Hearing: October 14, 1999; November 18, 1999 FINDINGS OF FACT PROPERTY FACTS: The subject property consists of 26,636 sq. ft. with 77 feet frontage on The Strand and 70 feet frontage on Long Island Sound, in East Marion. The top of the Sound bluff is about 200 feet from the front property line when measured along the westerly edge of the property, and about 230 feet from the front line when measured along the easterly edge. BASIS OF APPLICATION: Building Permit No. 25961-Z was issued August 17, 1999 for construction of a single-family dwelling and in-ground pool. Applicant later sought to amend the Permit to place the house and pool closer to the top of the bluff. The Building Inspector's Notice of Disapproval dated September 13, 1999 states that the proposed amendment to permit#25961 to move placement of house and pool, places pool within 100 feet of top of bluff. Placement of pool not..in compliance with Article XXIII, Section 100-239.4A.1 which states ... All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank ... shall be-set back not fewer than one hundred (100)feet from the top of such bluff or bank." AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing location.of the 16 x 32 foot pool approximately 86.5 feet from the °average line of the bluff' at the closest point, with an on-grade patio extending 6 feet further toward the bluff. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted-and personal inspection,the Board makes the following findings: (1) The subject lot is totally undeveloped. The top of the bluff runs at an angle across the lot, leaving a property that is 200 feet deep behind the bluff at its westerly side and 230 feet deep at its easterly side. Applicant wishes to locate his house roughly in line with the existing houses on adjacent lots to the east and west. If the house is so located, no pool can be built on the Sound side of the house without variance relief from the 100-foot setback requirement. (2). Applicant's request for a building permit was made with reference to setback from the "average line of the bluff," a straight line that is found on the original subdivision map. The survey submitted with applicants request to amend the permit shows that at the westerly side of his property, the actual top of the bluff on his property is about 32-1/2 feet behind the "average line of the bluff" and that at the easterly side df the property the actual top of the bluff is about 7-1/2 feet behind the "average line." Page 2-December 1, 1999 Appl. No.4750- 1000-30.2-56 at East Marion (Ribaudo) Southold Town Board of Appeals (3) Applicant asks to place the pool approximately 86.5 feet from the "average line of the bluff" at the closest point; that is approximately 53.8 feet from the actual top of the bluff. Applicant's original application for Building Permit # 25961 placed the pool 100 feet from the "average line"which would be approximately 67.8 feet from the actual top of the bluff. (4) The report of October 14, 1999 from the Suffolk County Soil and Water Conservation District states that the bluff appears to be fairly stable at applicant's property. (5) Grant of the relief set forth below will not produce an undesirable change in. the character of the neighborhood or detriment to nearby properties because location of the house and pool will be consistent with the configuration of structures on neighboring properties. (6) The action set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefit of a house and pool in a desirable location on his property while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by .Chairman Goehringer, it was RESOLVED, to DENY the variance applied for and ALTERNATIVELY to GRANT a variance authorizing location of the 16' by 32' in-ground pool no less.than 60 feet from the actual top of the bluff at the closest point, which would be approximately 93 feet from the"average line of the bluff" at such point, subject to the following CONDITIONS: (1) If the patio around the pool is built to any degree above grade, the Sound-facing edge of such patio shall be not closer than 60 feet from the actual top of the bluff. (2) All drainage from.the pool shall be directed away from the bluff and retained-in a dry well landward of the pool. (3) The pool shall be unenclosed; apart from the fencing required by law. Any illumination shall be shielded so as not to affect neighboring properties. (4) The pool and surrounding patio shall not be structurally connected to the house. (5) There shall be no disturbance of land at the north side of the pool. VOTE ,OF TH bringer, Dinizio ora. (Members Collins and Mi J3 fin s duly ado" (3- /991RARD P. GOEHR NGER, CHAIRMAN APPEALS BOARD MEMBERS SV�rfQL�(• Southold Town Hall Gerard P. Goehringer,Chairman �� Gym 53095 Main Road James Dinizio,Jr. c P.O. Box 1179 Lydia A.Tortora 0 Southold, New York 11971 Lora S. Collins y o�� ZBA Fax(516)765-9064 George Horning �Cl > �� ` _ --i ��� � ") - BOARD OF APPEALS TOWN OF SOUTHOLD yl;w 11106 _ ? II: FINDINGS, DELIBERATIONS AND DETERM NAT Cam, MEETING OF APRIL 19, 2000 -- --- Appl. No. 4794- MARK LAMPL 1000-30-2-81 _ Location of Property: 910 The Strand, Pebble Beach Lot 127, Eas Marion Date of Public hearing: April 6, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is a 23,375 sq. ft. waterfront parcel located on The Strand Way in East Marion. The property is improved with a 1 and 2-story frame house with side yards at 12.9 feet on each side, existing front yard at 68.2 feet, and setback from the rear deck to the top of bluff at 75+- feet (66+- feet at the closest point to the west over the adjoining parcel). BASIS OF APPEAL- Building Inspector's Notice of Disapproval dated January 25, 2000, denying an.application for a permit to build an inground swimming pool because it will be setback less than .100 feet of the bluff as required by Code Section 100-239.4A(1). RELIEF REQ!IESTED: Applicant requests a variance authorizing a 20 x 40 swimming pool in a location 42 feet from the top of the bluff, measured on a line drawn perpendicular from-the center of the existing house and deck. At the hearing on April 6th, applicant indicated that alternative relief would be acceptable. REASONS FOR BOARD ACTION DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The center of the existing deck on the rear of the house is 75 feet from the top of the bluff. The slope of the land and the existing setback from the street make a pool in the front yard impractical. Consequently, installation of a pool requires a setback variance. (2) Swimming pools-in rear yards are not uncommon in the neighborhood, and construction of a conventional pool on applicant's property, unenclosed except for required fencing, will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (3) A report from the Suffolk County Soil and Water Conservation District states that vegetation on the bluff is dense, and finds no problem with a pool located near the house as proposed. Although the Board heard testimony from an area resident to the effect that pools on the Sound bluff are a threat to the community wellbeing, no evidence was introduced to indicate that grant of the relief set forth below will have an adverse effect or impact on physical or environmental conditions. loge 2 -April 19, 2000 ZBA Appl. No. 4794 - M. Lampl Re: 1000-30-2-81 (4) The action set forth below is the minimum necessary and adequate to enable 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. RESOLUTION: On motion by Member Dinizio, seconded by Member Tortora, it was RESOLVED, to DENY the relief as applied for, and ALTERNATIVELY to GRANT variance relief authorizing construction of a pool whose seaward edge shall be no closer than 50 feet from the top of the.Sound bluff, measured on a line drawn perpendicular from the center of the existing house and deck, subject to the following CONDITIONS: 1. Any decking around the pool that is above grade shall count as part of the pool for purposes of measuring the setback; No physical connection to the house; 2. Dryweli(s) shall be installed and no drainage of any sort shall be directed over the bluff. VOTE OF THE BOARD: AYES: Members Go ger airman), DinizJq*,Bqd Tortora. (Members Homing and Collins were abs e This R olution d. 3-0). GERARD P. GOEHRIN R CHAIRMAN 4/20/00 Su¢E;oc,� APPEALS BOARD MEMBERS V CO Southold Town Ball O Ruth D. Oliva, Chair%voman �� G�� 53095 Main Road Gerard P.Goehringer y P.O. Box 1179 Lydia A.Tortora • Southold,NY 11971-0959 Vincent Orlando A Tel.(631) 765.1809 James Dinizio,Jr. lt �� Fax(631) 765-9064 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD -PZ`r' /PJo RM AN e 1m; FINDINGS, DELIBERATIONS AND DETERMINATION �Iu MEETING OF DECEMBER 29, 2004 !- 1gonA' r ZB Ref. No. 5629—ALEX KOUTSOUBIS Property Location: 1610 The Strand East Marion; CTM 30-2-64 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 26,528 sq. ft. lot,has 75.01 feet along The Strand and 77 feet along-the Long Island Sound,.in East Marion. The property is shown as Lot 118 on the Map of Pebble Beach Farms, and is improved with a single-family, two-story frame dwelling as shown on the July 17, 2002 survey, amended August 10, 2004-by Robert-Allan Haynes, L.S. BASIS OF APPLICATION: Building Department's August 16, 2004 Notice of Disapproval, citing Section 100-239.413 in its.denial of a building permit for a proposed in-ground swimming pool at less than the code required minimum 100 feet from the top of the bluff or .bank adjacent to the Long Island Sound. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 18, 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: The applicant wishes to construct a 20' x 40' in-ground swimming pool. In the original application, the applicants requested a location for the pool at 41 feet, perpendicular to the bluff, with a grade-level patio extending 10 ft. from all sides of the pool, as shown on the December 6, 2004 diagram prepared by Proper-T Permit Services. ADDITIONAL INFORMATION:AMENDED RELIEF: During the December 16, 2004 public hearing, the applicant was requested to increase the setback for a possible alternative that would be more conforming to the code's bluff setback requirement of 100 feet. On December 16, 2004, the applicant submitted a revised diagram showing a revised angle of the pool, turned to be parallel with the bluff line. This new diagram indicates that the same pool would not be able to be placed at 68 feet from the bluff, as suggested at the public hearing. Page 2-December 29, 2004 ZB Ref. No.5629-A. Koutsoubis CTM Id:30-2-64 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 alternative location will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. A swimming pool is a customary accessory structures for residential properties. After considering testimony during the hearing, the applicant increased the setback of the pool. Much of the property is landscaped (belgium curb driveway with parking, patios, walkways, terraces). The pool as proposed will be located in the rear yard 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 lot has frontage along the Sound, and is long and narrow. The location of the dwelling is 120+-feet from the top of the bluff and 60 feet from the front lint line facing The Strand, which precludes locating the pool in the front yard. 3. The alternative relief results in a reduction of 36 feet from the 100 ft. setback requirement, resulting in a setback of 64 feet. 4. The difficulty has not been self-created. The width of the lot and existence of a dwelling leaves little available space to place accessory structures. 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 alternative is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory swimming pool structure, 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 267-13, motion was offered by Member Dinizio, seconded by Member Orlando, and duly carried, to DENY the requested 41 ft. setback as applied for,and to GRANT alternate relief with a minimum 64 ft. setback from the top of the bluff. 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 Page 3—December 29,2004 ZB Ref. No. 5629—A. Koutsoubis CTM Id:30-2-64 addressed in this action. Vote of the Board: Ayes: Members Orlando (Acting Chaitm n), o er n inizio. Absent were Chairwoman Oliva and Member Tortora. This Resolu w e -0). Vincent Orlando, Act g C irnW6 1/ /05 Approved for Filing APPEALS BOARD MEMBERS 0�so Mailing Address: .dames Dinizio,Jr., Chairman O�� yo! Southold Town Hall 4 53095 Main Road -P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Ruth D. Oliva va ae Office Location: Michael A. Simon y0 Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman Outn� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://.southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD ;�Qu��,,p�� Tel.(631)765-1809-Fax(631)765-9064 T �2 Z� 'o17�- )CT FINDINGS,DELIBERATIONS AND DETERMINATI MEETING OF SEPTEMBER 27, 2007 - ZB File No. 6027 -Nick Katopodis(or John Frankis) 0 tho d W Clerk Property Location: 1540 The Strand,East Marion CTM 30-2-65 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 further reviews under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated May 2, 2007 states that the application is considered a matter for local determination as there appears to be no significant county- wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The applicant's property is 26,605 square feet in total size, and has 77.08 feet along The Strand, and is a nonconforming lot located in an R-40 Low-Density Residential Zone District, having 77 feet along a tie line of the Long Island Sound, 345.39 feet in depth along the westerly side line. The top of the bluff boundary is shown along a 68 ft. elevation above mean sea level contour line, north of the Coastal Erosion Hazard Line. The parcel is improved an existing single-family two-story dwelling, as shown on survey prepared by John T. Metzger,L.S. dated July 15, 2004, updated August 28, 2007. BASIS OF APPLICATION: This application for Variances under Section 280-116 is based on the Building Inspector's June 14, 2007 amended Notice of Disapproval for a proposed accessory swimming pool with related pool equipment: (1) at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, and (2) with lot coverage in excess of the code limitation of 20%. LWRP CODE DETERMINATION: LWRP Coordinator Mark Terry sent a letter dated May 18, 2007 to the Board of Appeals stating inconsistencies with the policies and standards of Code Chapter 268,Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP), Grant of alternative relief with conditions, noted in the Board's determination, infra, will substantially mitigate concerns and will increase the proposed setback from 50 feet to 70 feet for a proposed in-ground accessory swimming pool under the policies and standards of the LWRP and recommendation for 100 f1. setback from the top of the bluff. A dryweIl system will also be a requirement for use at all times pool drainage becomes necessary to further LWRP Policy 5. SUFFOLK COUNTY SOIL AND WATER. CONSERVATION DISTRICT REPORT: A report was submitted to the Board of Appeals by the Soil and Water Conservation District noting that Page 2 of 3-September 27,20 ZBA File No.6027-N.Katopodis CTM 30-2-65 the May 8, 2007 survey prepared by John T. Metzger indicates that the grade around the proposed pool will be two or more feet greater in elevation than the top of the bluff, allowing storm water runoff to flow toward the bluff and down the face of the bluff, which could jeopardize bluff stability. The Report indicates that the face of the bluff is well- vegetated with grasses, weeds, and woody shrubs and appears to extend down to the toe, indicating that the bluff is currently stable. The Report recommends that existing grades in the rear yards, which currently slope away from the bluff and toward the street, be maintained. AREA VARIANCEIRELIEF REQUESTED: The applicant filed an appeal application originally requesting a 50 ft. setback variance from the top of the bluff along Long Island Sound, where the code requires 100 feet, to construct a 20 ft. by 40 ft. in-ground pool on a north/south axis, proposed as shown on the May 8, 2007 survey prepared by John T. Metzger,Land Surveyor, AREA VARIANCE/AMENDED RELIEF: During the May 18, 2007 public hearing, the Board asked the applicant to consider reducing the size of the pool and to bring the pool setback into more conformity with the code-required 100 foot setback, and the applicant agreed. On September 21, 2007, the applicant submitted an amended survey dated August 28, 2007, showing a reduction in size of the pool from 40' by 20' to 36 ft. by 18 ft., increasing the setback from 50 feet to 60 feet from the top of the bluff, and showing the locations of the underground propane tank and well. The August 28, 2007 amended survey also shows an alternative that re-orients the pool on an east/west axis, shows the existing grade with slopes toward the road and away from the bluff, and a requested variance for lot coverage at 24.6%,where the code requires a maximum of 20%of the buildable area. REASONS FOR BOARD ACTION: On the basis of testimony presented,materials submitted and personal inspections,the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's neighbor to the west has an in-ground pool, and there are other accessory pools throughout the neighborhood. The neighbor to the east expressed concern about increased noise and loss of privacy should the applicant's request for a pool be approved. Alternate relief with conditions can mitigate those concerns. 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 the relief granted because the current lot coverage without the proposed pool is 20.5% while the code requires a maximum of 20%. An underground propane tank is located on the east side of the house and Professional Engineer Joseph Fischetti and the applicant's attorney confirmed that: "the propane tank supplier states that NFPA standards recommend a minimum distance of 10 feet clearance between the fill line of the tank to other structures." Complying with the code required 100' setback from the bluff would locate the pool approximately 8 feet from the recommended safe distance and the rear of the house. 3. Town Law §267-b(3)(b)(3). The alternate relief granted herein is substantial.A setback of 70 feet from the top of the bluff to the proposed pool represents a 30% reduction from the code-required 100 ft. rninimum, and lot coverage of 23% represents a 15% variance from the code limitation of 20%. 4. Town Law §267-b(3)(b)(5). The alleged difficulty has been self-created. Page 3 of 3-September 27,20C ZBA File No. 6027-N.Katopodis CTM 30-2-65 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood as long as the applicant maintains the existing grade in the rear yard with slopes away from the bluff and a drywell system is installed to contain pool water backwash. 6. Grant of alternate relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an in-ground accessory swimming pool, 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 Weisman, seconded by Member Goehringer,and duly carried,to DENY the relief as applied for and TO GRANT THE FOLLOWING ALTERNATE RELIEF: 1. A new accessory swimming pool shall be located at least 70 feet from the top of the bluff on an east/west axis,and 2. The lot coverage shall not exceed 23%of the buildable area of the property, WITH THE FOLLOWING CONDITIONS: 1. The pool shall be located no closer than 20 feet from the easterly property line 2. All existing grades with slopes away from the bluff and toward the street shall be maintained S. The pool equipment shall be located on the west side of the property in a sound dampening cabinet 4. A drywell for pool water backwash shall be located not closer than 70 feet to the top of the bluff. 5. A row of continuous evergreen screening, such as arborvitae, privet hedge, or Leyland cypress, shall be planted and continuously maintained along the easterly and westerly property lines for a minimum of 55 linear feet from the existing dwelling toward the bluff to create visual privacy and a sound dampening barrier between the applicant and the neighbors. That these ZBA conditions be written into the Building Inspector's Certificate of Occupancy,when issued. Any deviation from the variance given such as extensions,or demolitions which are not shown on the applicant's diagrams or survey site maps, 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. Vote of the Board: Ayes: Members Dinizio (Ch ' man), Goehringer, Simon, and Weisman. (Member Oliva was absent.) This . lution w s d ly adopted (4-0). RECEIVED ;f 14 tl Q a1a-.�1. ames Dinizio Jr.,C airman 10/d. /2007 OCT _ 2 2007 Approved for Filing s���� •.._'_.._ _ BOARD MEMBERS 0f SQ(/l Southold Town Hall Leslie Kanes Weisman,Chairperson y�� y0 53095 Main Road •P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes > t Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning `0 yo 54375 Main Road(at Youngs Avenue) Kenneth Schneider l�l'0� Southold,NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS 1 ' 57 TOWN OF SOUTHOLD AR 2 5 2014 Tel.(631)765-1809•Fax(631)765-9064 So hold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF MARCH 20,2014 ZBA FILE: 6725 NAME OF APPLICANT: Fordham House, LLC SCTM#1000-21-5-11 PROPERTY LOCATION: 5205 The Long Way(adj.to Long Island Sound)East Marion,NY. 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 January 8, 2014 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 February 28, 2014. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. However, with the conditions imposed within this decision the Board finds the action is consistent with the LWRP policy standards and is therefore consistent with the LWRP. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a vacant 33,005 sq. ft. waterfront parcel, of which 14,820 is buildable land, in the R-40 Zone. The northerly lot line measures 120.96 feet along Long Island Sound. The easterly lot line measures 468.32 feet along adjacent residential property. The southerly lot line measures 57.09 feet along The Long Way, a public road,and the westerly lot line measures 391.75 feet along other adjacent property. The property is shown,with proposed new construction, and proposed building setbacks,on the survey drawn by Kenneth M. Woychuk Land Surveying, PLLC, last revised on 12/28/2013. BASIS OF APPLICATION: Request for Variance from Article IV Code Section 280-18 based on an application for building permit and the Building Inspector's January 9,2014, amended January 16, 2014 Notice of Disapproval concerning a permit to construct a new single family dwelling, at; 1) lot coverage more than the code permitted 20%. RELIEF REQUESTED: The applicant requests a variance to construct anew single family dwelling with proposed lot coverage of 25.9%,where the code permits 20%maximum lot coverage. Page 2 of 3 March 20,2014 ZBA#6725—Fordham House,LLC SCTM#1000-21-5-t 1 AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant's agent on 3/14/2014 submitted a revised plan decreasing the lot coverage from the proposed 25.9%to approximately 23.9%+/-and therefore, bringing the plan into more conformity with the code. ADDITIONAL INFORMATION: This property was subject to a prior variance on October 3, 2013 application #6680. The applicant requested a height variance for a third story, lot coverage of 22.4% and a bluff setback of 61.5 feet. This application was granted for the third story with conditions and denied the lot coverage and bluff setback. The new application before this Board is substantially different from the original request. It is to be noted that in the original application #6680, the lot coverage was incorrectly calculated; the proposed decks were not included. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 6,2014 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 4267-b(3)(b)(1). Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. No other dwellings in the neighborhood have exceeded the lot coverage. However, the other properties have larger buildable area than the subject parcel. By removal of the proposed rear first floor deck the lot coverage request will be reduced. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant can bring the appeal into greater conformity with the code by reducing the lot coverage as close to 20% as possible. However, the property has severe topography, is restricted by a reduced buildable area and a non-disturbance buffer. 3. Town Law &267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 29.5% relief from the code. However, the grant of alternative lot coverage relief will reduce the amount by 2%. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-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 6267-b. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new home 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 Dantes, and duly carried,to DENY as applied for,and GRANT ALTERNATIVE RELIEF as follows: Total lot coverage on this buildable area of 14,820 sq. ft. shall not exceed a total of 24%. Subject to the following conditions; CONDITIONS: Page 3 of 3 March 20,2014 ZBAN6725—Fordham House,LLC SCTM#1000-21-5-11 1. The proposed first floor rear deck shall be removed and replaced with a patio on grade. 2. The second floor rear(seaward)decks shall remain open to the sky. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Before appyingfor a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final survey, architectural drawings, and recalculation of lot coverage conforming to the alternative relief granted herein. 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. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. 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. Vote of the Board: Ayes: Members Weisman (Chairperson), Horning, Goehringer, Dantes. Nays: Member Schneider. This Resolution was duly adopted(4-1). Leslie Kanes Weisman, Chairperson Approved for filing 3 lq� /2014 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �O� $DUryOI 53095 Main Road-P.O.Box 1179 p;Patricia Acampora Southold,NY 11971-0959 Eric Dantes Office Location: y Town Annex/First Floor, Robert Lehnert,Jr. �p� 54375 Main Road(at Youngs Avenue) Nicholas Planamento O`,yCO� Southold,NY 11971 ' C �V�D http://southoldtownny.gov 6 Pm ZONING BOARD OF APPEALS 3� 1 AUG 2 3 2021 HUG, 1 TOWN OF SOUTHOLD /1 , Tel.(631)765-1809 -Fax(631)765-9064 , Sou atcl Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 19,2021 ZBA FILE:#7524 NAME OF APPLICANT: Daniel Mazzarini and Andrew Grover PROPERTY LOCATION: 90 The Strand(Adj.to Long Island Sound),East Marion,NY. SCTM No. 1000-21-5-8 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 lI 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 thru A 14-25 and the Suffolk County Department-of Planning issued its reply dated June 1,2021 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 July 14, 2021. 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 LWRP is INCONSISTENT with Policy 4.1 of the standards and therefore INCONSISTENT with LWRP. It is noted that a 1975 Covenant and Restriction (Liber 7969 page 274) placed on the lot within the subdivision known as Pebble Beach Farms prohibits the construction of any part of a dwelling northerly of an approximate 100-foot bluff setback line unless approved by the Town of Southold. It has been determined that the terms of the subject Covenants were imposed by the Homeowner's Association and not by the Town of Southold. Both Chapter 275 Wetlands and Shorelines and Chapter 280 Zonln'g of the Southold Town Code requires a 100-foot setback from a pool and related structures to a bluff systems The intent of the setback is to minimize impacts on the natural protective feature and protect structures from damage and loss due. To storms and erosion over time. In the event the action is approved, a 30-foot-wide landscaped buffer landward from the top of bluff is recommended. The placement of a landscaped buffer landward of the top of the bluff would therefore deem this action as CONSISTENT. SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT: This application was referred for an evaluation and recommendation to the Suffolk County SWCD. According to the information provided in a letter from the agency dated June 16,2021,following an inspection conducted on June 7, 2021,the agency described the backyard as well-vegetated with turf grass with little to no soil exposure. Both sides of the property/fence line are planted with hedgerow privet, which continues along the edge of the backyard, at the top of the bluff. There does not appear to be any significant signs of stormwater runoff issues present that lead from the dwelling towards the Page 2,August 19,2021 #7524,Grover SCTM NO. 1000-21-5-8 bluff. There is,however,evidence of erosion along the top of the bluff associated with the garden bed buffer located along the top of the bluff. Upon further inspection, irrigation lines were discovered in these garden beds, which is likely partially one cause for the significant bluff erosion issues present at this site. A few of these irrigation lines appear to discharge down into the-face of the bluff. The top of the bluff and the upper portion of the face of the bluff initially appear to be fairly vegetated and the-bluff appears to be in,somewhat stable condition,however,the lower portion of the bluff face and the entir9ty of the toe of the bluff is in poor condition. The face of the bluff appears to have sloughed off and there is a nearly vertical face where minimal to no vegetation is established on or near this vertical face on either side of the staircase to the beach. Underneath the staircase there is considerable signs of soil erosion down the face of the bluff. Some recent attempts to mitigate the vertical face can be seen. This includes several small retaining walls which rud underneath and perpendicular to the staircase. There are three or four of these structures several feet above before the vertical face. These walls come out roughly two or three feet from either side of the staircase, and there is extensive evidence of soil erosion where these structures are located which appears to have fanned out closer to the toe. This is apparent by the bare soil, sheet and rill erosion, and gaps between the bottom of some of these walls and the ground. On the beach front there are 4 feet wide by 4.5 feet high stacked sandbags that run parallel to the toe of the bluff. These sandbags seem to be an additional attempt to reduce the tidal or storm impact from eroding the already compromised the bluff toe. One possibility of this severe slough near the toe of the bluff could likely be a result of lateral seepage from somewhere further upland. There doesn't appear to be any drywells on the property, at least according to the Survey of the Property Map. Almost all gutters on the dwelling are discharged into the ground,with the expectation of at least one gutter on the northwest corner of the dwelling,which discharges into the flower bed along the existing deck on the back of the dwelling. There are minor signs of stormwater runoff from this gutter. The use of heavy machinery should not be allowed near the top of the bluff and proper erosion and sediment control/stormwater structures and polices should be put into place to prohibit any runoff or sediment from leaving the construction site as demolition of the structure and adding an in the ground pool is planned. There are signs of erosion right at the top of the bluff along the edge of the hedges and garden bed(probably due to the presence of irrigation-lines which has already been mentioned). There-should be no intentional discharging of any water near, onto, or down the bluff Eliminating any potential rur}off from stormwater, greywater pipes, irrigation water lines/heads, pool water discharge,`and/or other runoff from being discharged on or near the bluff is also highly recommended to reduce erosion issues. The existing lines should be cut off from the irrigation system or safely and carefully removed without affecting the bluff. The bluff should have a natural buffer of native bluff plant species to further protect the bluff. Ornamental landscaping and garden beds near the top of a bluff can impact stability. The face and toe of the bluff should also have a diversity of native bluff species. The careful removal of any non-native and/or invasive plant species and trimming of dead limbs or branches, is high encouraged if applicable. Structures like geotextiles can be install with these native bluff plantings to help establish vegetation,cover any bare soil,and hold sediment in place.The Suffolk County Soil and Water Conservation District recommends the homeowner seek the help and advice from an engineer who specializes in bluff restoration. PROPERTY FACTS/DESCRIPTION: The subject property is a nonconforming 29,816 square foot parcel located in the Residential R-40 Zoning District. The northerly property line measures 72.42 feet and is adjacent to the Long Island Sound, the easterly property line measures 232.13 feet and continues southerly at 90.00 feet, the southerly property line is 62.47 feet and is adjacent to The Strand,the property then runs northwesterly and measures 45 feet and the westerly property line measures 238.28 feet. The parcel is currently improved with a one-story frame residence which will be demolished as shown on the survey map prepared by John T.Metzger,LS and last revised July 27,2021. BASIS OF APPLICATION: Request for Variances from Article N, Section 280-18; Article XXII, Section 280- 116A(1);and the Building Inspector's April 13,2021 Notice of Disapproval,renewed and amended on July 29,2021 Page 3,August 19,2021 #7524, Grover SCTM NO. 1000-21-5-8 based on an application for a permit to demolish and reconstruct a single-family dwelling and construct an accessory in-ground swimming pool located in the Subdivision of Pebble Beach Farms;at 1)located less than the code required minimum side yard setback of 7.5 feet;2)located less than the code required minimum combined side yard setback of 17.5 feet; 3)swimming pool located less than the code require 100 feet from the top of the bluff. RELIEF REQUESTED: The applicant requests variances to demolish and reconstruct a single-family dwelling and construct an in-ground accessory swimming pool. The proposed dwelling on this nonconforming 29,816 square foot parcel in the Residential R-40, is not permitted pursuant to the Pebble Beach Farms subdivision approval from the Southold Town Planning Board, which requires a minimum side yard setback of 7.5 feet and'a combined side yard setback of 17.5 feet. The proposed construction shows a minimum side yard setback of 6.5 feet and a combined side yard setback of 13 feet. In addition, the accessory swimming pool is not permitted pursuant to Article XXII Section 280-116A(1), which states; "All building 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 pool at 82.5 feet from the top of the bluff. ADDITIONAL INFORMATION: There was one letter of opposition from a neighbor. The agent for the applicant submitted•other comparable prior approvals by the Zoning Board of Appeals for swimming pools at less than the code required 100-foot minimum bluff setback in the same community. ZBA File#4801 Approval to construct a pool 63 feet from the bluff. ZBA File#4245 Approval to construct and deck area no closer than 50 from top of bluff. ZBA File#4750 Approval to construct a 16 x32 foot in-ground pool no less than 60 feet from the actual top of the bluff. ZBA File#4794 Approval to construct a.20 x 40 foot in-ground pool no less than 50 feet from the top of bluff. ZBA File#5629 Approval to construct 20 x 40 feet in-ground pool no less than 64 fdet from top of bluff•. ZBA File#6027 Approval to construct an 18x 36 foot in-ground pool no less than 70 feet from the top of the' bluff. The applicant has agreed to install a new Suffolk County approved Innovative Advanced(IA)septic system. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 5,2021at 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 fords the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed pool will not be visible to the street and there are numerous swimming pools on the seaward side of homes with non-conforming bluff setbacks in this community that have received prior variance relief,including the applicant's adjacent neighbor. Given the conditions imposed herein,the impacts to the bluff will be mitigated. 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 area variances for the side yard setbacks.The existing dwelling was constructed under a prior Cluster Zone Subdivision which allowed reduced side yard setbacks. The exterior walls of much of the house are being preserved and the applicant proposes to construct a 39.9 square foot,2 feet by 11 feet second-story bay window projecting into the side yard to capture views of the water from the interior of the home which will not interfere with the existing clear passage along that entire side yard. The proposed front and rear yard additions Page 4,August 19,2021 #7524,Grover SCTM NO. 1000-21-5-8 maintain the existing side yard setbacks. The benefit sought for the proposed in ground pool can be achieved by some method other than variance relief. The front yard is very steep and a pool cannot be located in a conforming front yard on this waterfront property. However,If the proposed screened porch addition on the seaward side of the dwelling was eliminated, a pool could be constructed with a conforming bluff setback. 3. Town Law §267-b(3)(b)(3).- The variances granted herein are mathematically substantial. The relief from the code for the proposed swimming pool setback from the bluff represents 17.5%relief; the single side yard setback represents 13%relief;and the combined side yard setback represents s 25.7%.relief.The pool setback is quite small in comparison to other existing in-ground pools in the neighborhood. However, the side yard setbacks are also consistent with other properties in the subdivision as the lots are generally long and narrow.While the survey shows the distance of the proposed pool at 82.5 feet from the bluff at the closest point, most of the pool will be located approximately 90 feet from the top of the bluff which would reduce the relief to 10%; and the conditions imposed herein will mitigate any adverse impacts to the bluff 4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code, and follow the recommendations of Suffolk County Soil and Water,the LWRP,and gain approval from the Southold Town Trustees to protect the bluff from erosion. 5. Town Law§267-b(3)(b)Q. The difficulty has 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. Although the Subdivision has its' own C&Rs many of the homeowners have not complied. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new dwelling and an in-ground swimming pool 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 Acampora,seconded by Member Lehnert,and duly carried, to GRANT the variances as applied for,and shown on the survey map prepared by John T.Metzger,LS, last revised July 27,2021,and the design development drawings prepared by James Deekowski,P.E.last revised July 22,2021 SUBJECT TO THE FOLLOWING CONDITIONS: 1. The existing 10-foot-wide garden bed buffer along the top of the buff shall be replaced with a 30 foot wide non disturbance landscaped buffer landward along the entire top of the bluff and planted with drought tolerant native species. 2. The sprinkler head(s)at the top of the bluff shall be removed. 3. No heavy machinery shall be located near the top of the bluff and proper erosion and sediment controls shall be put into place during construction of the pool and the dwelling. 4. The proposed improvements must be approved by the Southold Town Board of Trustees. 5. The new dwelling shall have proper downspouts and gutters that draw stormwater away from the bluff pursuant to the recommendations of the Suffolk County Soil&Water Conservation District. 6. Pool mechanicals shall be placed in a sound deadening enclosure. 7. A drywell for pool de-watering shall be installed. Page 5,August 19,2021 #7524,Grover SCTM NO. 1000-21-5-8 This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board ofAppeals,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 minim_ is in nature for an alteration that does not increase the degree of nonconformity. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board ofAppeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above,such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current orfuture use,setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met;and failure to comply therewith will render this approval null and void. 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 pirocured,'and/or a subdivision map has not been filed with the Suffolk'County.Clerk,-within three (3)years from the date_such variance was granted. The Board of Appeals may,,upon written request prior to the date of expiration, grant an extension not to exceed three(3)consecutive one (1)'year terms. Vote of the Board:Ayes:Members Weisman(Chairperson),Acampora,Dantes,Lehnert,and Planamento(5-0).' t� i/ Leslie Kanes Weisman, Chairperson Approved for filing el -�O/2021 Se ou-in. 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MIMPITCH 25'RUN 1147F"T 4�SDR EXP EL(6 O) AN400 UEAC'DEEP LEACHWG,,p _ .�v,•w.a EL 452 EL 452 ff POOL Q OOOOC=31O i=c: SANITARY INVERTS "<_; ; wm,•a„u AA ' ' %; AVERAGE LINE OF BLUFF SHOWN ON F/ID A/M % Epp WmuB�UDWAATTER 4"Ji• �i�r / � i /;�!�r4�°.��� ®ssAo � Or,'• Ii � / %/ %\�iQ �• '70.S 80RY WELL '6•!Ory A AjgpNG2rroELReTOBEG•RODISHED wta / B'B.rDEEP\ NID PA710-TRELLIS TO BE OFAIOUSIfED OWN`p�' ✓ \ ;z`~ $ OVER 1TRRAISED PA ) TIO ITatCONL' EI.EV.4$4 / 'O ... - OUSDNGSTOOPANDSTEPS _ r�LII70WN �/ a• y::::' , TO BE REPAIRID/RFPiA�Q OL O�:' -r- Y O LOAM IAVEunasATECTRULrAr¢t �' •`�� �'-:" _-_- "Tr CLAYFY i 9' �� R' 10 �.:::-..... _ --'♦ice cvti•TO .o_: = :_y:;-''_= MID.SAID n�.� _ DVIFIIDL(S a>' O,, _ `3 S1Y TRY[ti.^..:.`�: SW GRAVEL m,.rm.' WIPUBLIMATER �`� �®ADDW..... a�u n"m'' _ .._ m.v"• irvno, a DEDICAI7ED REAR SET BACK LINE AS SHOWN ON FBID NAP ti.. i_i:i:=?:jii}is .9.-:• _ §� =w.a."..., IIINOICIOI�CllIFt -:�;_:j�:::,.y _ ti �k '�'R�=.�'1..• ryas >:+;i;;,. '�..• r loot : / NO WATER nm CONTROL E%ISnNG GARAGE TO ? o �O _ BECOWERTEDTo �r JUKE 14,2D23 '17' menus PW'!e- UVINGBPACE '3 _ :;'�.;:Qp••.. �o f iL WOYC1iUK is CLEANOUT DETAIL ' �b' •^` / 9 CI crTWCSt4M�T0 coNTRDL PANEL , -• = \ TD CUK AYA9m G•AM CONTROLPANELANDA _ ••:::RSPRL P IO Ml�s[tam•A ET.ECRBCANDAIRSIIPPLYHOSETO .•�D%,:.-� IO ti ',C}' ,aua,T�,cr T SCH 40 PVC VENT PIPE ® �•'. 'a f�l HYDROACTION AN-400 ®go® ® "� �_ J Gain tlialT Nrs 2M ®® ® -.... ® ®® Es F]E STONE WALK STOOP. DWELLINGS ® ®® ®�® STONE DRIVEWAY 8 BELQ BLK CURB .0 WryUBLIC WATER ® ES ® ES®® TO BE DEMOUSHED / f/ `y Iw ® ® ® ®® LEACHING POOL SANITARY DESIGN BY: RICHARD M.MATO A.I.A. PODOX2284 AOUEBOGUE NY 11931 PHONE.(631W-3-5879 EMAIL-RMATOARCHITECTQGMAILCOM 18" PPART� 'HO 4•IAAL DMVDSWEMR u xmmum NSIAMLEAM mreD _ FowuwEAl7 Oom ACCESS IVVm1EFUiFASYflFMOVAL 1'ORTURDERIDOOYFR OFSAFELL'SOR47 T e4ET � RICHARD M.MATO AIA NYS USC#041861 i S2ED7offrWw I F�waEODm, IcwnmAcv�a IB1111AM mi IP m 4 BBDO[i m OWIQ(100111 Otto I®OIB SWEN RA3 AEBO76 AWw M !1O®WOW ARA�s 5®L•EA DISTRIBUTION BOX TUF-TITEEFFLUENT WATERTIGHT FLEXIBLE PMPMWSR@mm ION 4II�6 " JOINT SEAL Ul wmlool•I®Ao ITT IoOI Nls " 63" FILTER EF-0 oLmETTo ro B/O!C rm emLsoP I HYDROAGTION PUMP TANK (1)mH®mom Ltd ew mm TUFTrtE TB-0 y�IIrR 8 T•BAFFLE PVC SDR 35 L 0E DE6 WMM 1W1L BID M OONHIDO D01II[25141 W=109=0 V RUM C ` L`On y 2MIXI OPMMMID SIW6BIYR 00'L719Em 4[aN®ONQ RMAmI k90[ 41].J" I_ V -�II TUFTITE SD-4 HYDROACnONAN550 iFMUA Yma FFELl N DE as TO BE DRUM AID MW m IN sNm jxw omen De ma SOLIDS DEFLECTOR SIDEWALL DE Lm RR ML BE LaOm WID DE 01M W Alf IBM nL OWL MM W on L EFFLUENT FILTER n UnLEO FUR OWL K 1=0 U031 IIIIA=WKI1? AAI BE m WtX DE oIM FFL REVISED 12a PEVISE01&1&0.16T3 NB REVISED D3102S REVIMOM-23 DRAINAGE CALCULATION BUILDABLE AREA LANDWARD OF CEHL• 15,645 S.F. AVD88 IYP Nt 9T DWELLING W/COVERED PORCH&PROP.ADDITION:1.984 SOFT. AREA:24.689 S.F. or 0.57 ACRES ELEVAnOND.AM& N scar 1964x0.166=326dREQUIRED U`MUn'eRQED ALTERARON OR ADMON TO W S SURVEY 13 A WOLA770V OF SEC17ON 22N OF HE NEW VOW SrAW EDUCAnON LAW. COPES OF IM SURVEY (A=rU rAl� (2)SDIA x W DEEP DRYWELL=354d PROVIDED MAP NOT BEARING IRE LAND SURVEYOR'S nVRO D SEAL SNAG.NOT BE COV.SO:EMED TO BE A VALID TRUE COIPY. GUARANUES MUGAND HEREON SHALL RUN .. LWLY 70 1NE PERSTIV FLYT IBHOV 7NE SURVEY fS PREPAldEO AND ON NHS BEHALF 7D 1HE D7LE COLODANY.coFv lOHENTAL A=VCY AND LOM0 MLSnRIROV LLSTED HrtREOA AND m 7HE A55744TDES OF TItE tFrDIINC Ovs2rnAnOLt WARANTESS ANTE NOT SP1ECIfl TRAN¢FRABl C PY/R S BUILDABLE AREA:15,645 S.F. n�QFFSEIS OR DOIENS[A5 S/ONTL HEREON FROV THE PRD'ERTY 1fAt5 TO 1THE SIRIlCTUIffS AftF FOR A P'OSE AVID USE YHOMFORE THEY ARE AaOUAIm•D LOT COVERAGE(MAX 2WA Or 3129 S.F.) NOT HNIENOED 7D YLWUXENT 710:1'RLPERTY U/O:S OR In GUIDE 7/!F fRECDQV OF FENS AOWAOVAL SIRUCIURES OR AND 0179ft DD'ROW AMM FARNEIM A/ID/64 S7!&ST117FA(F STRUCII/lg3 ftELn4DFD(1P fOVUtECOPOFD ARE NOT GI/ARA/rT®(DBESS PlHYSCAlLY ETADENT ON THE PRE7QSE5 AT THE nNE OF SURVEY REAR mono DWEWNG WICAVERED FRONT PORCH:2454 S.F. SURVEY OF:LOT 135 of Nt:ly CERTIFIED TO:STEPHAN SEGOUIN; REAR BALCONYIPATIORRELLIS:545 S.F. MAP�:PESSLE BEACH FARMS tP��N N wDtroD CARY HACKETT; TOTAL 2999 S.F.or 192% E1LFD DUNE 11, 1975 No.6266 9 �� �yG�. PROPOSED POOL,648 S.F. SITVATED AT;EAST MARION " " PROPOSED RAISED PATIOIBALCOW.,578 S.F. r a REMOVE REAR WCONY/PATIO/TRELUS:-M5 S.F. IDBN OF:SOUTHOLD p a PROPOSED TOTAL 3680 S.F.or23.5% SUFFOLK COUNTY, NEW YORK LOy a KENNEETH M WOYCHUK LAND SURVEYING, PLLC Received F D 0 e e• ProYeeonal Lend Surveying and Design THE WATER SUPPLY, WELL S,DRYOELLS AND CESSPOOL L ei P.O. Box 163 Aquebogue. New York 11931 LOCARONS SHOWN ARE FROM RaD GRWIMAMNS FILE JAN g 2 2024 !222-163 SCALF:1"=30' DATE DEC. 15. 2022 N.Y.3 USG HO.050882 �W(831)208-150B PAX(631)29s-16BB AND OR DATA OBTAINED FROM OTHERS, Zoning Board of Appeals TIE ll 6ALONG ,••i� PRG R Y: 24689 SF as?. 8 SANG STONE RILED MOHOF" .1 PROPFRTYWEfIANDS; 7490 SF FLOOD ZONE x 10E0FBWFF �87G5 BUIEDABTIOAAERTY: 15,644.7fP 0.36rc H •`•,. -•- � GRESDE NDDIfTVRD�iCOEFe • -- N EOFBWiP •� �+ N NON CONFORMING LOT; ZONE R40 FRONT,47 Pml rph e s I n S B f V I c e 5 =424)SETBACKS.LOT COVERAGE:20% RDE h IS' REAR:5E ROF2170 MAXIMUM HEIGHT. BUILDING HNGfr, fNYPLANE •nlandeslgnservioescom `• H' aB0428D.2M 35, 1011(AVG).45•ANGLE : 99 298 2250 DESCRIPTION, AREA LOTCOVERAOE: 109% ei@mchdesi®nserviose,com EKISTINGHOUSE 1740.0SP 1K ATTACHED GARAGE, 3275 SF Mmr EAST PORCH: 326.5 Sf 2.09% I9 OUST.2ND.FL BALCONY; I82.8 SF TO DEMOLISH I - 0 qI EXISTING DECKS ON BWFF Ibe96 I 262.7SF �. 'TOTAL- 2656.7 IF 16.97% A i a oscuPnom AREA rT, LOT COVERAGE, rBEy TOPOFBWFF POFBWfF PROP.2ND.FLOOR BALCONY 456.0 SP 2.91% ' - LLYIDD O DECK PROPOSED POOL' 648.0 IF 4.14% WOOD TOTAL. IU&OSF 7.09%DECK 2 COM6NED TOTAL: 39I2.7 fF 24.0296 0rT, PROPOSED SOUTH E L E VAT I O N A TEUSSHOWN OELINE MA UFF rKK' A7 SHOWN ON FlIED MAP METES AND BOUNDS, SURVEYOR, KEN WOYCHUK - R INS DATE SV0.VEYEDI DKFMBER 19.2022 rt_ SCfM: IOOD713.9 "'ATIONf REFRENCE; NAVO 19B8 UUNLL r�7 2 A LIT FENCE � __ O° SOIL 0.f"OU o�SK�'�g�IK� ' W i� '�.` UIP�A¢ECNT [FA[ALC �i ATIoNs LOCATION: 46HAREA. r - RDPFATA IF `BBB ' \ IC)OPAND5; 74905E BUILDAe1F(LANDWARD OFCENN:15644.7fF AIL w PROPOSED IBTCS6'INGROUN OOL (280.207)GFA PERMITTED:2809.E IF r''I x ' •` 1 OUSTING IST.FLOOfU I790.0 SF t Z `• OOSTNOATTACHEDGAMOEI 32735E J O PROPOSED PATIO ON GNA fO1STING2ND.FLOORI I6D26SF r ^ i RAISEDroTIO ,J K TOTAIIXISTING,3670,05F L I MM O q �) PROPOSED if7,FLOOR ADDITION. W �( REAR SETBACK LINE VA`T'OTO IBE REMOVED PROPOSED 2NO.FLOOR EXPANSION fL•--�_+�E NO ANSION 172.0 SF I M u qi SHOWN ON NELOM7 TOTAL PROPOSED:172,0fF 3 Oz • � )iR•�• TOTAL GFA18430 fF EXISTING SOUTH ELEVATION Nl;2mH0115° I o . •�IN4 mNfDPlDdL6$EPjACED Q r I� _ wIIHNEwrcK3'�•s7oA- EKTST.COVERED FOR '•►.�I(LI E _� d PROPOSED, UNDERHOUSE _ EXPANDED SITE P LA N • f Do ETEJTAI TO SLOPECDR AY WAY STONE I AlK ' NEW GAPAGEI IXISTING�;y, .`5- ; WITH CURBWG BASEMEN, :: ;.'h.� SCALE. 11I �-401_011 PROPOSEDIASEM SYSTEM A ,106E'* ;. ,.. TDREPLACE EpI NO •••' IN ALIFDK RfOUIREC••.', gomRPAFWAT5 OR ANOW YTO BER ED DRAWN BY: MH IV 12/7/2023 DW O .''•'.•:' •• •'{.:,::• ".�:' LKIST STONE DPIVEIVAY v`` C' {: •:•:'� 'i:•.''� TDBEREMOVEDANOREPLACED ?J::`: ••• ••?•�?:'• "• WRN NEW IMPERWOUS DNYEWA7 �' • •'?:'�:';r•r, �:'{:•�:•'. 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I'I�iie•r•ii� �'!, r o■I ���■nnui ,L� Deslan Services . . ...• . . phone: 1 I I I ED .i i_i.—.�—. t t t _.L. �_t_..._ + .�m._.—=— I � r-- LJ Vol 4, cf, DRAWN - 10/25/202 SCALE: SEE PLAN .... .... is is : � i - - . NO: C H y - Desi n Services r fff� F p i www.mchdesignservices.com Phone: phon ., -2250 (631)298 x, ® email: ® FM ❑ michael@mchdesignservlces.com ME 1 V1 w ttttf # E z � w C w i� �� E► �� � � � �1 �� # Il �I �i �Bl� 1 � � w � A PROPOSED EAST ELEVATION c� xoSCALE: 1/8" = 1'-0" z M O ----------------------------------- - - ----------------------- - o O W DRAWN BY: MH 6 10/25/2023 SCALE: SEE PLAN - of �Ewy DE SHEET O SHEET NO: LU J_ I . . ............. EXISTING EAST ELEVATION 07 SCALE: 1/8" = 1'-0" ��- sslo P A-2 M c H V� IN - 17�, 'o —Design Services 7; A'k; www.mrhdesionservices.com phone: 4 't Y Z 71. (631)298-2250 cl L 11 a L email: michael@mchdesignservices.com pill rF T -1.- .1. Ell. E. 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