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HomeMy WebLinkAbout51860-Z TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 51860 Date: 04/22/2025 Permission is hereby granted to: Christ Stratakis 50 Sutton PI S Apt 12G New York, NY 10022 To: construct accessory in-ground swimming pool as applied for perZBA&Trustees approvals. Premises Located at: 800 Sound Dr, Greenport, NY 11944 SCTM#33.-4-5 Pursuant to application dated 07/19/2024 and approved by the Building Inspector. To expire on 04/22/2027. Contractors: Required Inspections: FOOTING/REBAR, ELECTRICAL- ROUGH, ELECTRICAL- FINAL, DRAINAGE, FINAL, Fees: SWIMMING POOLS-IN-GROUND WITH FENCE ENCLOSURE $300.00 CO Swimming Pool $100.00 Total $400.00 ........... B�ng Inspector TOWN OF SOUTHOLD —BUILDING DEPARTMENT Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959 Telephone (631) 765-1802 Fax (631) 765-9502 https://wwkv.soti,tholdtoMIMy.Lyov Date Received APPLICATION For Office Use Only ✓ i DD PERMIT NO. �i Building Inspector � JUL 1 8 22 Applications and forms must be filled out in their entirety. Incomplete applications will not be accepted. Where the Applicant Is not the owner,an Owner's Authorization form(Page 2)shall be completed. TOWN } Dater OWNER(S)OF PROPERTY: Name: Ch - SCTM #1000- 33—C�-1.OS Project Address: - O n CX)4 Phone#: Email: Mailing Address: CONTACT PERSON: Name: " Mailing Address: Phone#: (G S_ Email: DESIGN PROFESSIONAL INFORMATION: Name: Mailing Address: Phone#: Email: CONTRACTOR INFORMATION: Name: Mailing Address: 6I Phone#: i_ C 5 Erna' : SG,1 CAS 15 tag DESCRIPTION OF PROPOSED CONSTRUCTION ❑New Structure ❑Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project: Other N O $ Will the lot be re-graded? ❑Yes)Rt�o Will excess fill be removed from premises? Yes ❑No 1 PROPERTY INFORMATION Existing use of property: w� how3V Intended use of property: } s hn NfrAyl-G x Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to l this property? ❑Yes ONO IF YES, PROVIDE A COPY. fleck Ox After Re dh1g: The owner/contractor/design professional Is responsible for all drainage and storm water issues as provided by C apter 2 6 ttf the Town Code. APPLICATION IS HEREBY MADE to the Building Department for the Issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk,County,New York and other applicable Laws,Ordinances or Regulations,for the construction of buildings, additions,alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code, housing code and regulations and to admit authorized Inspectors on premises and In building(s)for necessary inspections.False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal Law. Application Submitted By( tint name): k*y,-V-\&- me v Authorized Agent Downer Signature of Applicant: a Bate: STATE OF NEW YORK) ENotary CARSKEITON SS; -State of New York75 COUNTY OF S �(� n Su lk Co�� ) n 5uffolk County Expires Mar 28, 20Y7 �I being dLliy sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)he is the 6Lt�- (Contractor,Agent, Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his/her knowledge and belief; and that the work will be performed in the manner set forth in the application file therewith. Sworn before me this Th , ,Q day of I W Notary Public 1110PERT II IYIIIIR At) H(MUZ m I „ N (Where the applicant is not the owner) I, residing at do hereby authorize to apply on my behalf to the Town of Southold Building Department for approval as described herein, Owner's Signature Date Print Owner's Name mom Building De artment Aimlication AUTHORIZATION (Where the Applicant is not the Owner) I, Ci I S� +ak)S residing at �d � t ve (Print property owner's name) (Mailing Address) do hereby authorize � e_ qPI (Agent) t to apply on my behalf to the Southold Building Department. ­<1 r �a (Owner's Signature) (Date) (Print Owner's Name) ✓ ✓ , ✓ / i'rj �„ ✓ G / o y ✓ �% x✓r; / '" v r sorl`f a°' l✓ �� /J 1 w� /i I,a '3v r '✓4 r ; ✓i,✓I ti✓✓ i �r ,r F "� l!G Y / ✓ " r r if 91, ✓.f» �p� 9 r (r ,/ A ✓ f 'r✓� 4J. ,;' 2..,„ , ;'✓ ✓c, . - ., %, ,a m,,oy/n D ;,.,�Y,,,,JDi, 'a✓..,,. ✓ ruA erv�"'✓r ', r � r " '` ou'" ,✓ . r ,VS, f Ff ' ri BOARD OF SOUTHOLD TOWN TRUSTEESr , % Iq J' SOUTHOLD,NEW YORKlU PERMIT NO. 10576 DATE: MAY 15.2024 ,✓ 4 f di1 Q,w � f, ISSUED TO: CHRIS STRATAKIS ; t l ftirM' "'�� > lr ✓ , PROPERTY ADDRESS: 800 SOUND AVENUE REENPOR"T fi r 'f,h SCTM# 1000-33-4-5 r"j r � ���'�1,, 1� '�,�rirr AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in �7,,, accordance with the Resolution of the Board of Trustees adopted at the meeting held on May 15,2024,and in consideration of application fee in the sum of$1,250.00 paid by Chris Stratakis and subject to the Terms andp rr Conditions as stated in the Resolution the Southold Town Board of Trustees authorizes and permits the41 r' o . 1Zd s 'i following: 4. 4 � Wetland Permit for the existing 40'x70' two-story dwelling; remove existing seaward rI � ��, �,' 'r n, side deck and construct a new 767s ft. deck; construct a proposed 15'x30' swimming �y � q• � P P g pool with 575sq.ft. bluestone pool patio on grade; install a 30'00100' pool enclosure A� E ; fencing; with the condition to install a pool drywell for backwash further landward; ; Ill I., flITRDVfF install a screened pool equipment area; to establish and perpetually maintain of a 15' � „ „� 1'd r wide vegetated non-turf buffer along the landward side of the top crest of the bluff; and '; ";fir'4 as depicted on the site plan prepared by Patricia C. Moore, Esq., received on May 15, E N t 2024,and stamped approved on May 15, 2024. � , r1 IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of the day and year written above. t r' r r 4�N m 1;r; f y 'IfIV f , 9 h V 'i✓r a, r" ✓r� `lr ✓ I rf U J'N . P J I iP r y/ Ul ✓� �, r / amJ� �✓ ✓0 ,: ,,.. r r / ' - / [ ; rr✓ ,,,� f>y n!4r�` �➢f 7 , ��y ^ra9°r , v r rirr vu� 0r'✓ ✓ ✓q �/,S F / ro �ll� �l %r ✓ ! !// %rr!, / al v r .. rr'•� ,7 V"' Y .fr' 'w.;f I (� ' i' , �)r i ' f/✓ r +; r/,� �l 'r io/.fir -,v �( r rt ir�ir�/t ,GAnCr Bfaq��a y�d�� � Ju rl✓,r� 1 m /�: I'I J f r r✓rrrrr✓or / ✓ �- r //. 7, ak s» o, a TERMS AND CONDITIONS The Permittee Chris Stl t kis o Sound A. Ktqgg. ar qLiggq,l evrm„yi L as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this pennit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes ful I liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 36 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely,or as long as the said Permittee wishes to maintain the structure or project involved,to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authoriz.cd. b. "lhat there shall be no interference with the right ol'the public to pass and repass along the beach bct\vccn h1gli and low v,!ater marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. 8. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety(90)calendar days of issuance of this permit. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. 11. No right to trespass or interfere with riparian rights. This permit does not convey to the pennittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impainnent of any rights,title, or interest in real or personal property held or vested in a person not a party to the permit. �. MAY 1 5- 2024 � � OPIPROPERTY autPro9d'fow+ea� �� 0 �� Board of"hosteess Ss'"�.J�� OIL MW40 AIO 1° " 1"F"P�"RUARY 11,• .0 1 w1 �� r( yyF3�d q }'V O y�EWPOM-) f „p '"^ Y # d N4rv` ,3,,(11` :'"a"'M5✓3« �'. wMNf"Au�, 3 r�. 5 MYRi[:A r,'V VLVJg0 r-A--- - -- - PROPOSED TOP-OF-BLUFF (Ba;h,:rry) IS'NON-TURF DUFFER Native Beach Grasses and Perennials: Beach Grass Dune Grass Little Bluestem Purple Lovc Grass g „ gyp a•_: � p Seaside Goldenrod p7Z0i':D +Dqv d1 .5 sy,a Mountain Msnt p r Hyssop-leaved Boneset LOi' � �y �/ s��1C,dhf 4h t�CTkGM' tYd9 rpw p f tl V� Ci # _t s� BOARS OF TRUSTEES uVtra7ent�c[er.n�aaLt ."' Z�"�"• ,6 , p®o.[ T WC 4 C ,SOUTHOLD AREA LA�C#A,?b dF dK � 494 W FT to ,: DATE l � . ` m A XUAaa " m De .Sli i'Er'3-3 1 S 4 SQ. Pr TO 77E UNE VA'it 0S AN t�1mCY�t JkR krsm Awm, r '•xraaw�,uf, _ aVOASTAL l 7SaV+JAZA #LIN£[(CEMG),' Lo N w 3r S E k 7 MAtfp O eXITOW SN6#V ' kf0,#V,Mr'iuFV LK G"OUW 'wa TWP S 0FRX s7i11 A:7k"t 21, 1360 A' cP�S E Na 4021.` UC. NO. 05193%—Q1 RNY At ru:tf l d [P AI d fFt7N JL� THNSr h Yf A gRmL Ya V'a�,''' N YS. LA NQI 4908 S "Jf tt dtP d L J y'1 K S7A' '" CrCg7fa r LA4E. < 1 PE ONE RVEYORS P.C. AS f' s r r atG4W T2G�t SL!pf r"aPC J 2 AIE C P87FdC 7 MkE '�E ti - d Lt' w02 3.FA.('(631) 765-1797 a MAP t�F V Ft D7F �6�I�,f art Ca rt A EA ti 5 x�30 7RA liEkER 37Rf Er bEly A7,f cf56 O d.�: 99s79' p (X - 71- Town Hall Annex 53095 Route 25,Main Road P.O. Box 1179 = Southold,NY 11971 Telephone(631)765-1809 4,1 Fax(631)765-9064 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM To: Amanda Nunemaker Building Permits Examiner From: Leslie Weisman, Ch ` prs Date: April 21, 2025 RE: ZBA#7723, Stratakis, 800 Sound Drive, Greenport Pursuant to your request for the Board of Appeals approval to issue a building permit to the above subject property owner, the Board has determined, since the Southold Town Board of Trustees granted a Certificate of Compliance for an"as built" shed located seaward of the top of the bluff that was not in compliance with their Wetland Permit#4420, that Condition#1 of the ZBA Board's determination has been met to the satisfaction of the Zoning Board of Appeals. Therefore, a building permit/Certificate of Occupancy may issue for subject structure. BOARD MEMBERS 0f sc��rr Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road• P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert, Jr. Q ce Location: Nicholas Planamento ;y Town Annex/First Floor Margaret Steinbugler ' cCo 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 February 20, 2025 Patricia Moore Attorney at Law 51020 Main Road Southold, NY 11971 RE: Request for Extension of Conditions Appeal No. 7723, Stratakis 800 Sound Avenue, Southold SCTM No. 1000-33-4-5 Dear Mrs. Moore; We received your letter of September 4, 2024, requesting an extension to comply with the Zoning Board of Appeal's conditions relating to proposed and "As Built" accessory structures as described in the February 16, 2023 decision. In your letter you explain that a building permit for the As-Built" improvements cannot issue until a Southold Town Board of Trustees permit is issued, and that your client is diligently pursuing a licensed professional to complete required drawings for submission to the Board of Trustees. The Zoning Board of Appeals has granted your request for an extension of Condition#5, 90 days from date of this letter, to expire on May 21, 2025. Please feel free to contact our office, if you have any further questions or concerns. Sirs y, � 11-6eslie Kanes WeisrnaA Chairperson cc: Building Department so BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson � � 53095 Main Road• P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantes Office Locat'j,oii' Robert Lehnert, Jr. Town Annex/First Floor Nicholas Planamento � 54375 Main Road(at Youngs Avenue) Southold,NY 11971 NT1 http://southoldtownny.gov RECEIVED 1 MAR 2 2 20 D � ZONING BOARD OF APPEALS (� A1lv� 3)lµ[LU 0,i Pi. TOWN OF SOUTHOLD 2 1 2023 J'�JVVN FSOit�u4 f_G" Tel. (631) 765-1809 404told Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 16, 2023 ZBA FILE: #7723 NAME OF APPLICANT: Chris and Mary Stratakis PROPERTY LOCATION: 800 Sound Drive, Greenport, NY SCTM# 1000-33-4-5 SEE A 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. SUFI+OLI COUIi"I" ADM:C?CISTTATIt"-ODE; This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated October 11, 2022 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. L'WIU lE"GIRIf "t.ION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated January 23, 2023. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available, it is recommended that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. However, if the pool is pushed further landward from the bluff and some of the decking is removed the applicant could established an 80-foot bluff setback for the pool and build the pool while maintaining a code conforming lot coverage of 20% thereby bringing the proposed improvements into conformity with the LWRP. However,with the conditions imposed herein for alternative relief the Board now finds the proposed action CONSISTENT with the LWRP PROPERTY I AC"I'S/DELQ,BjP FIO�1.'. The parcel is a non-conforming 33,114 square foot waterfront parcel located in an R-40 zoning district, The parcel has 19,794 square feet of buildable lot area. The parcel runs 105.36 feet of bluff frontage along Long Island Sound, and runs 101.68 feet along Sound Drive. It runs 338.67 feet on the west side and 323.61 feet on the east side. The parcel is improved with a 2-story frame house and garage, an existing raised deck, a set of wood stairs with landing and shed on the bluff face, boulders on bluff face, and a stone retaning wall in the front yard. All is shown on a survey prepared by Donald J. Metzger L.L.S., last revised February 1,2023. SIS.,Qr APPLICATION: Request for Variances from Article XXII, Section 280-116A(1);Article XXIII, Section 280-124; and the Building inspector's July 20, 2022 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and to legalize two "as built" accessory decks with sheds; at; 1) swimming pool located less than the code required 100 feet from the top of the bluff; 2) "as built" accessory deck ,Pagq 2, February 16,2023 97723, Stratakis SCTM No. 1000-33-4-5 located in a non-permitted location seaward of the top of the bluff;3)"as built accessory shed with deck located ill a non-permitted location seaward of the top of tile bluff, 4) construction more than the code permitted maxinlUrn lot covet-age of 20%; located at: 800 Sound Drive(Adj. to Long [sland Sound), Greenpoil,NY. SC-TM No. 1000-33-4- 5. REELLET_FWAIESTED: The applicant requests variances to construct an accessory swimming pool located 62 feet from the top of the bluff where town code requires a minimum 100-foot bluff setback. The applicant also requests to legalize two as-built decks and an as-built shed located seaward of the bluff. The proposed improvements will result in a requested lot coverage of 23.4%where town code permits a maximum allowable lot coverage of 20%. MENDED APPUCA.'ELOI n" During the public hearing of February 2.2023,the applicant,submitted a survey dated 01,-2021-33-by-Donald"J M etzger,LLS increasing the swimming pool setback to 70.1 feet and reducing lot coverage to 23.3%therefore bringing the plan into more conformity with the codes. ADDITIONAL]NI-Q& ATION: The applicant's agent presented three(3)prior Zoning Board of Appeals decisions regarding setback relief for swimming pools from the top of the bluff. ZBA appeal#3 502 in 1986 granting the house pool and decks 65 feet from the top of the bluff. ZBA appeal#3507 in 1986 approving a swimming pool at 50 feet from the top of the bluff, and ZBA appeal#5523 in 2004 approving a swimming pool at 80 feet from the top of the bluff. The two variances granted in 1986 were granted prior to extreme weather events such as Super Storm Sandy and prior to the documented costal erosion on this parcel documented in Southold Town Trustees Coastal Erosion Management permit 44039 dated May 29, 1992 and coastal erosion management Permit #4420 dated March 30, 1995. The Coastal Erosion Management Permit did approve a small shed and stairway system down the face of the bluff, FIN 'ASK) -$..FOR BOARD AC"I'lON: The Zoning Board of Appeals held a public hearing on this application (in February 2, 2023 at Which tirne 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 rinds the following facts to be true and relevant and makes the following findings: t:1 1. Town Law §267-b ; b)(1) Grant of alternative relief for a swimming pool bluff setback of 80 feet will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is a waterfront neighborhood consisting of single-family homes with staircases down the bluff to the Sound beach, Swimming pools are characteristic in this of residential neighborhoods. Stairs and handrails down bluffs are characteristic of neighborhoods on the Long Island Sound. tn 2. Town Law M7-b(3)(WL2 asible 1. The benefit sought by the applicant cannot be achieved by some method, fe for the applicant to pursue, other than an area variance, Due to the location of the house and the front yard driveway the applicant could not build a swimming pool in a conforming front or rear yard without variance relief. However, the applicant is able to build a swimming pool without relief from the town's maximum lot coverage requirements. The applicant cannot build a structure seaward of the top of the bluff without variance relief. 3. Town Law 6267-b(3)(b)(3). The variance for alternative relief granted herein for the bluff setback is mathematically substantial,representing 20%relief from the code. However,there is not a practical code conforming location for the applicant to build a switilming'n' pool. The variance granted herein for the negative b1UfT setback for the decks and shed which are seaward of' the bluff is substantial representing over 100% relief from the code. However, there is an active coastal erosion management permit approving some parts of those structures. The C�l variance denied herein for lot coverage is substantial representing 15% relief from the code. Page 3, February 16,2023 #7723, Stratakis SCTM No. 1000-33-4-5 4. Town Law U67-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 'rown's Storm Water Management Code. 5. Town Law 2674Q(b)(n 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 eff-ect prior to or at the time of purchase. 6.Towna Law 4267-b. Granting of the alternative relief for an 80-foot bluff setback is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a swimming while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Granting the requested relief for the non- conforming lot coverage is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a swimming pool. Granting of requested relief for the decks and shed, so long as it complies with the Coastal Erosion Management permit#4420 is the minimum action necessary for the applicant to enjoy the benefit of the decks and shed while preserving and protecting the character of the neighborhood. &E- OLULFION OF JR _ TUffi OARD: In considering all of the above factors and applying the balancing test under New _ :_ York Town Law 267-B, motion was offered by Member Dantes, seconded by Member Weisman(Chairperson) , and duly carried, to GRANT alternative relief for the swimming pool setback of 80 feet from the top of the bluff, and GRANT alternative relief for the structures seaward of the bluff so long as they comply with the specifications in Southold Town Board of Trustees Coastal Erosion Hazard Permit#4420. And to DENY relief For the rion-con form ing lot coverage as a7hed for -3/7,( lel% lie tare ypplyLig, or a byk6AI"ernd tit applicant licant or agent inust submit to the Board of Appeals for approval /it and filing, two sets of the final, sir :,leon, rniing to the alternative relief granted herein and showing a ��y 00 ma.rintam lot coverage of 20%. The ZBA ivfflfirwand one set of approved, stantped draivings to the Building Department F ailur, revolt in the delqy or denial of a building pentrit, and may reilaire a new applic aril of Appeals SUBJECT TO THl 1. The applicai n Board of Trustees to verify that the structures �, erosion Management Permit#4420. seaward of 1 2. The applicat rustees for approval to construct the swimming pool 80 3. Pool pump imum. of 20 feet from any property line or be contained ii­'.......... .......... i is in conformance with the bulk schedule for accessory .......... 4. Dwell foie ............ building permit for the "as built" 5. The applicw__,..........improverric ind submit same to the Office of the Zoning Board of ................. ....... to the Board of Appeals setting forth the reason(s)v permit in the time allotted, 6. The applicant must obtain a Certificate 01 UL;L;UPa1L%,y the Building Department for the "as built" improvement(s)and submit same to the Office of the Zoning Board of Appeals within 12 months of this decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s) why the applicant was unable to obtain a Certificate of occupancy in the time allotted. •Page.4, February 16,2023 #7723, Stratakis SCTM No. 1000-33-4-5 7. The "as built" improvement(s) may not be used until a Certificate of Occupancy has been obtained This approval shall not be deemed effective until the required conditions have been met. At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. IMPORTANT LIMIT'S ON THE APPROVALS GRANTED 1EREIN Please Read Carefully Any deviation from the.survey,site plan andfor architectural(Ira wings cited in this decision,or work exceeding the scope of the relief granted herein, will result in delays andlor a possible denied by the Building Department Of a building permit andlor the issuance rij'a,Ytop Work Order, and may require a new application and public hearing before the Zoning Board of Appeals. Atv deviation from the variance(s)granted herein as shown on the architectural drawings,;site plan rani for survey cited above, such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconforenities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature o/the subject property that may violate the Zoning Code, other than such uses,setbacks and other features as are expressly addressed in this action. TIME LIM:.ITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not exceed three (3) consecutive one (1) year terms IT IS THE PROPERTY OWNER'S to RESPONSIBILTT '° 1 O ENSURE COMPLIANCE WITH THE CODE RE y C�IIED "1`IM.E FRAME DESCRIBED HEREIN Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson), Acampora, Dantes, Lehnert, and Planamento(5-0). Leslie Kanes Weisman Chairperson Approved for filings / 17 /2023 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 March 1, 2023 By Email Leslie Kanes Weisman, Chairperson and Board Southold Town Zoning Board of Appeals Town Hall Annex, 54375 Main Road, Southold,NY 11971 Re Owner: Stratakis Premises: 800 Sound Avenue, Southold Appeal # 7723 Dear Chairperson Weisman and Board: I received the Board's decision dated February 16, 2023, and filed February 21, 2023. The Board approved Alternative Relief requiring the pool to be no closer than 80' to the Top of the bluff. We are working on that plan. However, the Board denied the lot coverage variance. I provided you with all the square footage calculations of all the existing and proposed structures. The original survey with the application is last dated July 12, 2022 and showed the existing house (2,766 SF) and the existing deck(1378 SF) which we were cutting back to 1069.3 SF. The"buildable" lot area to the CEHA Line is now 19,794. The house and deck have a CO and were constructed when the lot size was 33,114 SF. In addition,the beach stairs and landings which were built with a Coastal Erosion permit are 452 SF. The existing structures (House, Deck and beach stairs with landings) EXCEED LOT COVERAGE 21.66% without the pool. We submitted alternative relief and the revised survey to make the application more conforming. It is not possible to build a pool without exceeding the lot coverage. My client will have the pool company try to fit a pool that is 16 x 30 which could be located 80' from the CEHA line and as an accessory structure (in the ground)and move it to 10' off the westerly property line. However, a pool with a patio on grade still requires the lot coverage variance for 480 SF. (480/19,794 SF=2%) Existing Lot Coverage: 21.66%+2%=23.66% If the beach stairs and landings on the bluff are not lot coverage then 19.37% +2%=21.37% The Board's decision clearly intended to allow the owner to build a pool, but denial of the lot coverage variance does not appear to be intended. I do not know how you calculated lot coverage. As you know we only have 30 days to address the inconsistency of the decision Very ti° l�urs, " ltra iaf . Moore '�':.tS "d4 ,..„�'r* BOARD MEMBERS Town Hall Annex Leslie Kanes Weisman,Chairperson" 53095 Route 25,Main Road Patricia Acampora P.O. Box 1179 Eric Dantes a Southold,NY 11971 Robert Lehnert,Jr. � � 6'' Telephone(631)765-1809 Nicholas Planamento http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD March 21, 2023 Patricia C. Moore Attorney at Law 51020 Main Road Southold,NY 11971 Re: ZBA FILE: 7723, Stratakis 800 Sound Avenue, Southold SCTM No. 1000-33-4-5 Dear Mrs. Moore; We reviewed your letter on March 1, 2023 regarding the Board's decision on the above referenced application. Please be aware that the Board stands by their decision The Board reasoned that the applicant could conform to the town code permitted lot coverage requirement by reducing the size of the existing and proposed improvements, namely the pool an d as built deck. If you have any additional concerns or questions, please contact the Town Attorney's office. S'n, el, yours, eslie:Kanes Weisman ZBA Chairperson SURVEY OF PROPERTY AT GREENPORT TO WN OF SO UTHOLD SUFFOLK COUNTY, N. Y. LONG ISLAND SOUND 1000-33-04-05 SCALE: 1'=40' S86'19'30"E 105.w' AUGUST W, 204 FEBRUARY 11, 2021 MAY 9, 2022 (PROPOSD POOL) -'`'_ JUL Y 12, 2022 (PROS FENCE PA 110 REISIONS) _-$-- 4 FEB. 01, 2023 (PRORPO(,REVISIONS) ----------- . ' �` --4:y --s� _ MA Y. 03, 2023 (PROP.POOL,REVISIONS) JUNE 20, 2023 (PROP POOL REVISIONS)--- RECEIVED 6 2025 °`-� rn BOARD OF ` S7W ZONING s X WDE APPEALS LOT 2 _.. CEHL_.. ,. LOT 22 81 � r at TON E PR PRE DpTfS E AD cwwo LOT 20 , . PROPOSED ZONING INFORMATION POOL- EQUIP• 4 R20 t STY. �_I• w N J AREA LANDWARD OF CEHL 19,794 SO FT w t PROPOSED LOT COVERAGE CALCULATION 0 2 766 HOUSE �1 746 DECK 450 POOL TOTAL 3,962/19,794 — a200 STOW 20%PROPOSED LOT COVERAGE 't 8L facet cop-` rim _�- - GUY WREfto t ON *MS -.. .� r �Fi ale� f Sg5'35'10WI \ eQ aLoCK tea,. AREA=33,114 SO. FT. ' TO TIE LINE ELEVATIONS AND CONTOUR LINES ARE REFERENCED TO N.A.V.D. 86 DATUM. 0 =REBAR —••— -COASTAL EROSION HAZARD LINE (CEHL) LOT NUMBERS REFER TO IMAP OF EASTERN SHORES' FILED IN THE SUFFOLK L/C. NO. 051132-01 COUNTY CLERK'S OFFI0IE ON APRIL 27, 1964 AS FILE N0. 4021. ANY ALTERATION OR ADDITION TO THIS SURVEY IS A WOLA770V OF N.Y.S. LlC N0, 49618 PEC I SECTION 7209 OF THE NEW mRK STATE EDUCATION LAW. EXCEPT VEYORS, P.C. AS PER SECTION 7209—SUBDIVISION 2. ALL CER77nCA770VS HEREON (631) 765-5020 FAX (631) 765-1797 ARE VAUD FOR THIS MAP AND COPIES THEREOF ONLY/F SAID MAP P.O. BOX 909 OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE 1230 TRAVELER STREET SIGNATURE APPEARS HEREON. 04-198 - SOUTHOLO, N.Y. 11971 • � _.. :;_ is ..,�,'�.f._.........� � i { � i , '' } { , , ' { �` ? { � ! � # 1 � y i "q � i 1 !. � � �� � i s f i �r�t�r���•� ,t;-� �%���, tW�L�� ! � i �, , , Ji ITs ` t ! G'111 { v s .5 : YN r _ , �. l � i � � �' 9 #' { f j �,:-,r>_"'� s' j is::{. !'P.�„�,.� � �, .`. .�.�. r..� s• �. _} fi �. .,...,,.�, � �__ ..�.:,- L N , { w ' , { ? tS 1 - _601, l _. ..7 _�._SC�,,.,_ ..,.. .._..t.....e-, p 1 C. 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