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HomeMy WebLinkAbout5893 • ,, �,,,,,,..,___O APPEALS BOARD MEMBERS • �i�' OF SOC _ • Mailing Address: Ruth D. Oliva, Chairwoman '�i yl \ Southold Town Hall Gerard P. Goehringer '� • O ; 53095 Main Road•P.O. Box 1179 Air 411Southold,NY 11971-0959 James Dinizio,Jr. � G Q $ Office Location: Michael A. Simon ,� �t i Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman l'YCOI/111�1\1'a dog, 54375 Main Road(at Youngs Avenue) .....�''' Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel. (631) 765-1809•Fax(631)765-9064 ' ' i. a 1 %;010A-0-) t SEP - 1 2006 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 27, 2006 Sou old town Geri ZBA File No. 5893—ARLENE K. and PETER MANOS STREET & LOCALITY: 2000 Sound Drive, Greenport CTM 33-1-18 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, as submitted, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: This parcel consists of a total land area of 28,884 square feet (size notes area calculations shown on the 1-15-2002 survey inclusive of adjacent bluff and wetland areas). The property is presently vacant, since removal recently of the applicants' two-story, single-family dwelling that existed (former dwelling shown on the 1-15-2002 survey prepared by John C. Ehlers. The property has 100 feet along Sound Drive, a lot depth of 275.87 feet along the westerly side lot line, and 110.06 feet along the high water line of the Long Island Sound. BASIS OF APPLICATION: Building Inspector Notices of Disapproval dated March 28, 2006, April 11, 2006 and May 22, 2006 under Section 100-239.4(1). Zoning Code Section 100-239.4(1) is cited by the Building Inspector in the denial of a building permit application for the reason that a new single-family dwelling and new swimming pool are proposed less than 100 feet from the top of the bluff. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 25, 2006 and June 22, 2006, 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: Applicants request variances to locate: (a) a new single- family dwelling, after recent demolition of the existing two-story dwelling, and (b) a new swimming pool on the bluff side of the dwelling, both with nonconforming setbacks from the top of the bluff. The applicants submitted three different plans for consideration. The first plan requested a dwelling and swimming pool, proposed partly in the location of the former porch and partly in a new nonconforming area at less than 100 feet from the top of the bluff. Following the May 25, 2006 public hearing, a second plan (amended Plan A by Chorno Associates 6-12-2006) was submitted adding a proposed swimming pool on the bluff side of the proposed dwelling, instead of the easterly side yard location authorized on 6/3/2004 under ZBA No. 5523. This proposed pool location would be only 62 feet (nonconforming) from the top of the bluff instead of 100 feet. Also shown on this amended Plan A is a proposed dwelling Pate 2—July 27,2006 ZBA Appl. No. 5893—A.and P. Man. • CTM 33-1-18 at Greenport (dimensions 52.5 ft. by 64 ft. by 52.5 ft. by 64 ft.) in a location 40 feet (conforming) from the front lot line at Sound Drive, conforming side yards 15 feet and 10 feet, nonconforming setbacks from the top of the bluff at 62 feet for the pool and 88 feet for the dwelling instead of the code-required 100 feet. Also on June 13, 2006, an additional plan (amended Plan B shown on survey dated 06-12-2006) was submitted, providing an increased setback of only three feet (from 62 feet to 65 feet from the top of the bluff for a swimming pool), instead of the code-required 100 feet, as well as a new dwelling proposed at 92 feet from the top of the bluff (modified from the 88 feet requested in Amended Plan A). LWRP DETERMINATION: The applicants request a new dwelling and accessory swimming pool construction in a new location with a setback at less than the code-required 100 feet minimum from the top of the bluff. A Determination of Inconsistency was issued under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. Grant of alternative relief in this variance application will substantially increase the setback measured between the new construction and the top of the bluff to a minimum of 80 feet for new construction, and denies the applicants requests for substantial variance relief. The alternative relief granted herein will meet at least 80% of the requirement of Section 100-239.4A of the zoning code, and provides a location for new construction substantially landward of the former dwelling's location. All other setback and lot coverage limitations and requirements of the Zoning Code are proposed to conform to the minimum standards that apply for this parcel containing 28,884 square feet of vacant land area. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Zoning code Section 100-239.4A became effective in 1985. The property is currently vacant, although it is noted that there was a large home on the property that existed for many years, before the applicants voluntarily demolished and removed the home. The requested nonconforming setback at 65 feet or closer for a swimming pool in this application is not the minimum necessary, because there is approximately 184 linear feet of land available, measured north to south at the street. The increased setback for a new dwelling and related construction by alternative relief will provide more conformity to the code requirement of 100 ft. minimum setback, requiring a minimum of 80 feet from the top of the bluff. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to pursue, other than an area variance. 3. The alternative variance relief granted herein is substantial and constitutes a 20 ft. reduction from the code requirement of 100 feet, or 20% relief. 4. There is no evidence that grant of alternative relief(increasing the setback from the top of the bluff for all construction) will have an adverse effect or impact on physical or environmental conditions. This setback is appropriate in light of other bluff setbacks in the area. As you move from the west of applicant's property toward the east along the L.I. Sound bluff, the lots become more uniform and have Paye 2—July 27,2006 ZBA Appl. No.5893—A.and P. Man. CTM 33-1-18 at Greenport greater depth. The alternative relief also places the new construction on vacant land into more conformity with the code requirement, reducing the amount of setback relief to 20%. 5. Grant of the relief set forth below is the minimum necessary and adequate to enable applicants to enjoy the benefit of a dwelling or swimming pool, while preserving and protecting the character of the neighborhood, and the health, safety, 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 Dinizio, and duly carried, to RESOLVED, to DENY the variances applied for, and to ALTERNATIVELY GRANT a variance authorizing new construction (dwelling and related construction) at a minimum of 80 feet from the top of the bluff. 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. Vote of the Board: Ayes: Members Oli a, Goehringer,1Dinizio, and Weisman. This Resolution was duly adopted (5-0). N &'"`^� Ruth D. Oliva, Chairwoman 8/7 /2006 Approved for Filing 9A/ eQ` C7/'x,2°S ^ -57.9-4,172 QS-50.75rYZ3 W x 00 ,00 A r (� A� 2 oo z • _97,/ Cr2� _ -;:re ,C S r ►ET I-All i / t, .- -ITv- gledterja r/&-- x - \. \ - �Q4SA�.s O'/o v7 if-r tee 8Z : t \ is • 1 1, iacry x fi�J- N/ 3f/s li iX tiv .�4 er 51400,7yiz,7cu. I' ` 3 rail, � } I Lr� 9002 E I Nnr _� �I, P ° (x911 r- Asst as .e—r/r--- \--j< I 1 \ MI IC° 1 ' I 0.- \, -- • V DIU IS'■rr Nk wry OM t $ 4fl* !eNtES kE wirminbut Gfl ®ffff%fT7 ." 4'fl I ::f S. � - (7 411 411 � a f }' t /'J/#�a{ Qo— I ■ �"-�., —=.-___;_-_ _..— — �_ J_ I ZT/'1 3 iter-v-� -_ -alallinal- ter_:,:.r�s✓r�ri:-: = � .®ms's.. ..v.wrw�,✓�`s-.-- /� -"' .�- 1 .1 ton \ / G C i C nIS',wy -_za _______ _______ _ __ 40 .nenar: s-,04:25-7-1-57--Yd \ . ---__ ___ t Aelo79 Z. .. M , _ -i--2 _ do _aLQ1 4 � - Q/92-1‘r : / °G 757 °3�u7_ , 90'0// SURVEY OF L• 120 MAP OF "SECTION FOUR, EASTERN SHORES" N SITUATE OREENPORT FILE No. 4586 TOWN: SOUTHOLD W a s E SUFFOLK COUNTY, NY SURVEYED 01-15-02 S prop. pool 02-06-02, 06-04-02 06-12-2006 \`} SUFFOLK COUNTY TAX # {'� 5O"�� 1000-33-1-18 PNS CERTIFIED TO: _ONG' ,Sk 1�O�- ARLENE MANOS 1 PETER MANOS 1`1 A�ns AZ��Ele S- C* pHy\.M• 14 (\7EI' SOPA ,.--- ___________________-___-5._--- --' ° _- - _1 .-. .. F �uF� ��_...-.__6. 6 --.Z - 'i57 ,---- ------:--'i2-42 ...-__'._' ----- ---- -------------- -- a-- . "✓��K####o ees ` le t!� ;p#'' # #E &et' ` UNE ii k_„LoO=S --_--F P-P FE C,- 1\ _� --= • �,�A�ju PROS-'v \\ n..�lo .. 00�� Prot6 sot o Poeo\ '••' , lir 0110,0 OO 00111110 40 . PPROX\MOpFit O�NpP ROOF I*t1: 1 12 1 e ## 9 r 0 r e Hoo C3 # ` tt tJt # 00 R4 1 i 119 ”'-- 44- T ------- - 0 0 ----''''-"" ---"".". "'".--."- RECEIVED RECEtVED • #ft Q tI JUN 1 3 2006 +►• 42 DO. NE°�E . . R Ak 5' 41, �.- .. vvele,- ti- SER , D N 45�� -- . ZONING BOARD OF APPEALS # g14� NE 1##t,#!p,•' R'��'��1 1 00 - " v s, , # Dr:\ N' � . NOTES: • MONUMENT FOUND 1 AREA = 28,884 SF OR 0.66 ACRES 1 GEHL ANNOTATED FROM NYS DEC COASTAL EROSION HAZARD AREA MAP, TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK PHOTO No. 53-5615-83 SHEET 13 OF 461 FLOOD ZONE LINE AS ANNOTATED FROM FIRM MAP NUMBER 3610360151 6 DATED MAY 4, IggB JOHN C. EHLERS LAND SURVEYOR ELAVATONS SHOWN REFERENCE N6V1212q 6 EAST MAIN STREET N.Y.S.LIC.NO. 50202 GRAPHIC, SCALE 1"= 30' RIVERHEAD,N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compagserver\pros\02\02-105A.pro • • LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 25, 2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959,on THURSDAY. MAY 25,2006: 1:35 P.M. ARLENE and PETER MANOS #584. Request for a Variance under Section 100- 239.4A, based on the Building Department's March 28, 2006 Notice of Disapproval, amended April 11, 2006, concerning a request to amend Building Permit#31508-Z, after demolishing the dwelling and building a new dwelling. Demolition of the construction was not requested by Applicant under Building Permit No. 31508-Z and ZBA Variance #5730 (which was for a two-ft. porch extension). The new dwelling will be located less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 2000 Sound Drive, Greenport; CTM 33-1-18. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: May 8, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski i #7868 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, corn encing on the 11th day of May , 2006. Principal Clerk Sworn to before me this I ' day of LO 2006 VOIACr CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105050 Qualified In Suffolk County Commission Expires February 28, 2008 ate_ /- (4 44,-C( -9- ' • 440111 Notice of Disapproval concerning pro- line. Location of Property: 4006 Old family dwelling,with new construction posed additions/alterations to the exist- North Road, Southold; CIM 55-2-5.2 at less than the code-required 10 ft.min- ing dwelling at less than 50 feet from and 5.3. imum side yard,and less than the code ,t,q /„p the front yard lot line,at 570 Horseshoe - 11:00 A.M. THOMAS PERILLO required minimum of 35 feet from both allOr`� /y Q!'°' / Drive,Cutchogue;CTM 95-4-18.20. #5879. Requests for Amended Variance front yard lot lines,at 1160 Bailey Beach �/ �!Y-� ' 10:05 A.M. KEVIN and VIRGINIA (referring to ZBA Decision#2582 dated Road,Mattituck; CTM 99-3-11.19. I- , ! COTTON #5896. Request for Vari- 9/6/1979) and Variance under Sections 1:30 P.M. BENEDICT POLLIO � 1� D{V ances under Section 100-244,based on 100-30A.3 and 100-244 (Bulk Schad- #5889. Request for a Variance;based ) J(I the Building Inspector's April 5,2006 ule);based on the Building Inspector's on the Building Department's April 4, 007 Notice of Disapproval concerning pro- December 12, 2005 Notice of Disap- 2006 Notice of Disapproval concern- posed additions/alterations to the exist- proval. Applicant proposes to re-locate ing an addition to an existing dwelling. 1 ing dwelling at less than 35 feet from the the access right-of-way from the west The reason for disapproval is that Sec- front and rear yard lot lines,less than 25 side to the out side of Lot 17.2,result- tion 100-31A states that "no building feet for combined(both sides required ing in the proposed change of lot line or premises shall be erected or altered at 10 ft.and 15 ft.minimum),and with and new nonconforming front yard set- which is arranged,intended or designed 0)37 lot coverage in excess of the code's 20% back from the existing dwelling to the to be used,in whole or in part,for any limitation. Location of Property: 825 easterly front yard line at less than 40 uses except...(1)One-family detached Dogwood Lane,Cadt Mo. CIM 54- feet on this 22,457 sq.ft.parcel After dwellings,not to exceed one dwelling on t5�, 5-33. a# Mf the lot line change and excluding the each lot. The new construction is pro- , 10:15 JEANINE O'HAGEN-MUR- proposed land exchange of the 15 ft. posed on a lot which contains more than PHY#5890. Request for Variances un- wide right-of-way, the nonconforming one dwelling. Location of Property:445 der: (a)Section 100-31A states that"no size of C1'M Lot 17.2 will remain at Kimogenor Point Road, New Suffolk; building or premises shall be erected or 22,457 square feet,and nonconforming CTM 117-10-1. altered which is arranged,intended or size CPM 17.1 will remain the same, 1:35 P.M. „ARLENE and PETER designed to be used,in whole or in part, except that the ownership of the 15 ft. MANOS#580 Request for a Variance LEGAL NOTICE for any uses except ... (1)One-family wide right-of-way will change when under Section 100-239.4A,based on the PUBLIC HEARINGS etached dwellings,not to exceed one relocated with 17.1 (instead of part of Building Department's March 28,2006 SOUTHOLD TOWN ZONING dwelling on each lot; and (b) under 17.2). Location of Property: 1410 Pe- Notice of Disapproval,amended April BOARD OF APPEALS Section(s) 100-242/100-243 pertaining conic Bay Boulevard,Mattituck; CTM 11,2006,concerning a request to amend THURSDAY,MAY 25,2006 to nonconforming setback and noncon- 145-2-17.2 and 17.1. Building Permit#31508-Z,after demol- NOTICE IS HEREBY GIVEN,pur- forming number of dwellings on a lot. 11:20 AM. FISHERS ISLAND fishing the dwelling and building a new suant to Section 267 of the Town Law The applicant is proposing renovations/ WINDSWEPT PROPERTIES, LLC dwelling. Demolition of the construe- and Chapter 100(Zoning),Code of the alterations to the existing dwelling,on and ROSALYN DRISCOLL #5883. lion was not requested by Applicant ' Town of Southold,the following public a lot which contains more than one Requestfor a Special Exception under under Building Permit No. 31508-Z hearing will be held by the SOUTH- dwelling, and was disapproved by the Article III,Section 100-31B,sub-section and ZBA Variance #5730 (which was OLD TOWN ZONING BOARD OF Building Inspector on April 20, 2006, 13 of the Zoning Code to establish Ac- for a two-ft.porch extension). The new APPEALS at the Town Hall, 53095 and amended Notice of Disapproval cessory Apartment,to establish an Ac- dwelling will be located less than 100 Main Road; P.O. Box 1179, Southold, issued May 9,2006. Location of Prop- cessory Apartment in the existing dwell- feet from the top of the bluff or bank of ' New York 11971-0959,on THURSDAY, 'erty:4250 Breakwater Road,Mattituck; ing located at 1877 Heathulie Avenue, the Long Island Sound,at 2000 Sound MAY 25,2006; CTM 106-9-1.1. Fishers Island;CM 1000-941-9.3. Drive,Greenport;CTM 33-1-18. 9:35 A.M.JAMES CURRAN#5795 10:25 A.M. PAUL and CHERYL 11:30 A.M. ANDREW LOWRY, The Board of Appeals will hear all -Request for a Variance under Section RAGUSA#5897. Request for a Vari- MANAGING MEMBER/343 EAST persons,or their representatives,desk- 100-33,based on the Building Inspec- ance under Section 100-231,based on 18TH STREET #5860. Request for ing to be heard at each hearing,and/or tor's July 28,2005 Notice of Disapproval tie building Inspector's February 28, Variance under Section 100-244,based desiring to submit written statements concerning the location of an as-built 2006 Notice of Disapproval concern- on the Building Inspector's March 23, before the conclusion of each hearing. accessory shed in a front yard,instead of ing fence construction in excess of the 2006 amended Notice of Disapproval, Each hearing will not start earlier than the code-required rear yard,at 680 Oak- code's four ft.height limitation when lo- concerning construction of a new dwell- designated above.Files are available for wood Court(at Wood Drive,Lakeside cated in the front yard,at 2700 Harbor ing at less than 40 feet from the front review during regular business hours If Drive),Southold;CTM 90-4-4. Lane,Cutchogue; CIM 103-1-20.8. yard lot line (after demolishing the you have questions,please do not hesi- 9:40 A.M. JAMES BISSETT III 10:35 A.M.ROMANELLI BROTH- existing dwelling). (No alterations or tate to contact our office(631)765-1809, #5894. Request for a Variance under ERS,LLC by John Romanelli,President changes to the nonconforming acces- or linda.kowalski@town.southold.ny.us Section 100-33A,based on the Build- #5880. Request for a Special Exception sory cottage are proposed.) Location Dated: May 9,2006. ing Inspector's March 16,2006 Notice under Section 100-718(3) to establish of Property: 115 East Side Avenue, ZONING BOARD OF APPEALS of Disapproval concerning a new hone an Apartment use over the first floor Mattituck; CTM 99-3-19. RUTH D.OLIVA,CHAIRWOMAN barn proposed at a height exceeding business office use in this RO Residen- 11:40 A.M. FRANCIS W.and NAN- By Linda Kowalski the code limitation of 18 feet,at 55 Cox. tial Office Zone District,at 51750 Main CY DEEGAN#5892.Request for Vari- 7868-1T 5/11 Neck Road, Mattituck; CIM 113-7- Road,Southold;CIM 63-6-4. ance under Sections 100-242(Walz In- 19.23. 10:40 A.M. RICHARD PERRY terpretation#5039 rendered 1/2/02)and 9:45 A.M.STEPHANIE MIRITEL- #5886. Request for a Variance under 100-244 concerning a$ditions to the ex- LO #5849: Request for a Variance Sections 100-30A.3 and 100-242 (Walz isting dwelling,which will increase the under Section 100-242A,based on the Interpretation #5039 rendered 1/2/02), degree of nonconformance when locat- building Inspector's January 6, 2006 based on the Building Inspector's Feb- ed less than 15 feet from the side yard Notice of Disapproval,concerning"as ruary 6, 2006 Notice of Disapproval lot line,at 500 North Drihe,Mattituck; built alterations to an existing noncon- concerning a proposed addition,which CTM 106-6-28.4. forming accessory,seasonal cottage con- will increase the degree of nonconfor- 1:15 P.M.SOTIRIOS KASSAPIDIS twining 520+/-square feet of floor area. miry,when located less than 50 feet from #5888. Request for Variances under The reasons stated for disapproval are: the front yard lot line,at 830 Clearview Section 100-230 and 100-244,based on (1) that the existing seasonal accessory Road,Southold;CTM 89-341.5. the Building Department's March 7, cottage was altered to include heat and 10:50 RICHARD and SUSAN 2006 Notice.of Disapproval regarding to convert a to na bedroom, permitted is not permittea d under Section WARD #5867. Request for Variances a breezeway addition town existing ga- 100-242A when'alterations create a under Section 100-32(ref.Section 100- rage,at less than 10 feet from the side i new nonconformance or increase in the 244 Bulk Schedule),based on the Build- property line(Building Permit#31420), degree of nonconformance;.and (2) rag Inspector's July 5, 2005 Notice of and with the swimming pool construe- that Section 100-31A permits only one Disapproval,amended March 2, 2006, tion, all buildings andstructures will single-family dwelling onalot,and the for lot sizes and side yard setback of the exceed the 20% code limitation of lot as-built alterations create a year-round existing dwelling resulting from a pro- coverage, at 3975 Breakwater Road, accessory cottage. Location of Prop- posed change of lot lines (re-division Mattituck;CIM Parcel 106-3-8. erty: 3535 Cox Neck Road,Mattittick; of existing Lots 1 and 2). Each lot will L25 P.M. THOMAS and MARY CM 113-3-3.1. remain nonconforming with less than bl1 LPATRICK #5880. Request for 10: 0 A.M. LAWRENCE and ANN 80,000 square feet of land area and less Variances under Sections 100-242A EKSTER#5891. Request for a Vari- than 175 feet of lot width,and the side (Walz Interpretation -#5039 dated ance wider Section 100-30A.3,based on yard will be less than 20 feet from the 1/24/02) and 100-244,concerning pro- the Building Inspector's April 11,2006 existing dwelling from the revised lot posed additions to the existing single- 1111 * 1/ FORM NO. 3 ? JUN 1 3 2006E® NOTICE OF DISAPPROVAL "I �' I 1 ZONING BOARD OF APPEALS DATE: March 28, 2006 AMENDED: April 11, 2006 AMENDED: May 22, 2006 TO: Patricia Moore a/c Manos 51020 Route 25 Southold, NY 11971 Please take notice that your proposed amendment, dated March 2, 2006 &March 15, 2006 For permit#31508Z, amending the plan to demolish the existing house and build a new single family dwelling at Location of property: 2000 Sound Drive, Greenport County Tax Map No. 1000 - Section 33 Block 1 Lot 18 Is returned herewith and disapproved on the following grounds: The applicant was issued a variance form the Southold Town Zoning Board of Appeals (#5730) on July 21, 2005, allowing a 65 foot setback from the top of the bluff, based on proposed additions and alterations. Following the amendment, calling for a new single family dwelling and an amendment based on a Trustees decision, relocating the accessory in-ground swimming pool to the rear yard,the new dwelling, including the new pool, will be+/-51 feet from the top of the bluff. Therefore,the proposed amendment is not permitted pursuant to Article XXIII Section 100- 239.4 A(1)which states; "All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) fe• �m the tis of such bluff or bank." ar CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. This Notice of Disapproval was amended on April 11, 2006 at the request of the Zoning Board of Appeals and on May 22, 2006, following the submission of a new survey dated 5/22/6. • • APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPS SRetaLiV ED For Office Use Only For 1 $ 2006 Fee: $ Filed By: Date Assigned/Assignment No. 51915" Office Notes: 4 warn f '?PEALS Parcel Location: House No. Street Sound Drive Hamlet Southold SCTM 1000 Section 33 Block 1 Lot(s) 18 Lot Size 28,884 s.f. Zone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 3/28/06 Updated_ May 22,2006 ofinvaf Applicant/Owner(s) : Peter& Arlene Manos C✓Lp Mailing Address: 200 Central Park S.#F5, NY, NY Telephone: 212-382-6103 NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Patricia C. Moore Esq. Address: 51020 Main Road, Southold NY 11971 Telephone: 631-765-4330 fax: 631-765-4663 Please specify who you wish correspondence to be mailed to, from the above listed names: ❑ ApplicantiOwner(s) 0 Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 3/15/06 and amended for pool and house May 22,2006 FOR: ❑ Building Permit(pool and house setback to top of bluff) ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Change of Use O Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article IIIA Section 100-239. 4 Subsection(setback from top of bluff) 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 ❑ Reversal or Other A prior appeal 0 has 0 has not been made with respect to this property UNDER Appeal No. 5730 Year 2005 . (Same plans originally proposed-new foundation required demolition of existing residence.) New Plans submitted after pool relocated at neighbor's request. • • RECEIVED JUN 13 2006 Part A: AREA VARIANCE REASONS (attach extra sheet as needed): ZONING BOARD OF APPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: Property located on Eastern Shores Subdivision, filed March 7, 1966 as map #4586 and was previously developed with a single family dwelling, to be renovated, located 61 feet from the top of the bluff and a porch addition ( in 2005 granted a variance at 51 feet from the top of the bluff). The house was demolished and a new dwelling is proposed located at 88 feet from the top of bluff The pool, which was granted a variance in the side yard, was proposed 51 feet from the closest point from the top of the bluff and seaward of proposed house. A Neighbor objected to keeping the pool in side yard and, if approved by the ZBA , the owner preferred to locate the pool along the seaward side of house. The ZBA, at the first hearing, requested that the pool be pushed back as much as it can be. The pool is now proposed 60 feet from the top of the bluff. The house is pushed toward the road, to keep the pool away from top of bluff and in line with the similarly issued variances to neighboring house to the east and west. The development of this community has been well established and the homes are developed with a common setbacks from the Bluff The Zoning Board has issued numerous variances for construction from the top of the bluff: Frank& Louise Palumbo (#4374) 1000-33-1-7 issued a side yard variance and the house was granted a variance (#4333)to locate the house at 60 feet from the top of the bluff. Joseph Kane (#4371)1000-33-1-8 to locate the house 55 feet from the top of the bluff Tsirkas (#3863) 1000-33-1-11 granted variance to locate house 50 feet from top of bluff Gilliland(#3621) 1000-33-1-8 granted variance to locate house 50 feet from top of bluff Theophilos (#3507)1000-33-1-16 granted variance to locate pool at 30 feet from top of bluff Follari (#3502)1000-33-1-15 granted variance to locate house 65 feet from top of bluff All the above variances were granted on almost identical properties to the Manos property. These variances were granted and the homes constructed without evidence of impact on the bluff An aerial photograph obtained from Google Earth shows the similarity of the properties, the conformity of the development along the bluff, and the reasonableness of the requested variances. An accessory structure (pool) at the location were the house previously stood is an area which is already disturbed, the foundation hole of the demolished house is in the area where the pool is proposed. The proposed house is pushed away from the bluff 88 feet which is landward of the surrounding homes and as close to the road as is possible. The sanitary system is located on the landward side of the house and is already approved. The Bluff is vegetated with mature herbaceous and woody plant material and the top of the bluff is protected with a hedge and sloped toward the south preventing water runoff In addition, a 10 foot non-turf buffer is proposed, haybales, and drywells for the pool and house are also proposed which will prevent any water runoff from draining down the bluff. " a• JUN 1 3 P006 (2) The benefit sought by the applicant CANNOT be achieved by some meth 4 ble for the applicant to pursue, other than an area variance, because: a°nqo °F a• Peas Since new plans would be required to reconstruct the house and the neighbor strenuously objected to the pool in the side yard (ZBA had granted this variance)new plans were prepared which push the house toward the road in order to place the pool in the more appropriate location. A previous variance request had been denied by the ZBA to place the pool @ 30 feet from the top of the bluff seaward of the original house. The house prevented the pool from being located on the seaward side of the house. The ZBA granted the pool in the side yard. However, due to the demolition of the house, the owner could redesign the house and pool to meet their needs and maximize the distance to the bluff. (3) The amount of relief requested is not substantial because: The pool is in the area of disturbance of the original structure. The location of the existing homes were developed with a common setback(@ 55 feet from the Top of the Bluff) . All these homes were either constructed prior to the regulations or after the regulations with variances. The proposed house is much closer to the road then the adjacent residences, but in order to place the pool along the water side, and out of the side yard,the house location is 88 feet from the top of the bluff. Given the average setbacks of structures along the bluff(55 feet), the variance requested is a lesser variance then the Board has historically granted. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The properties along the Long Island Sound are well established and were constructed with an average setback from the bluff of 55 feet. The house is conforming in all other respects,the neighbor's objections raised at the Trustee's Hearing to the pool in the side yard could be mitigated by the proposed placement of the pool away from both neighbors and where it is more functional behind the proposed house. The property is vegetated and slopes away from the bluff. The existing conditions of the property show Bluff stability and no physical changes to the Bluff from the existing house which was constructed in the 70's. (5) Has the variance been self-created? ( )Yes, or (X )No. If not, is the construction existing, as built? ( )Yes, or( X )No. The property is one of the lots of the Eastern Shores Subdivision. The setback requirement to the bluff was adopted after the lot was created, compliance with the regulations is not only impractical but also require the sanitary system to be located along the top of the bluff. The proposed pool and house is a reasonable plan given the size of the property and development of the neighborhood. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) The property is adjacent to Long Island Sound and the setback from the bluff is the maximum setback which enables the pool to be constructed. The pool is surrounded by patio to limit • • • structures (decking) and the house which requires footings and foundations pushed back to 88 feet from the top of the bluff. This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS . (Please consult your attorney.) Otherwise.please proceed to the signature and notary area below. ature of • ppellant or Authorized Agent (Agent must submit Authorization from Owner) Sworn to before me this /3" day of , a , 200 Cry i REe (Notary Epic) ry%bee St ." ,e n JUN 13 2006 No.01 PE SUOMI Qualified m purer COMPQConeniestan BasikkiPi Ir� / 20AyNCr QOAp0 Ap pppzALS • , , r , 1 ;If (N3cic,0 ,, ., 0..\.,. +r1 , „„ 44, , , .,, r#A44 $P m itiVtiON10't " ' 07, 7,4: L. fz. i 00APIligt% dirk itrio, vi ' ate oisYqtaigi ,aasall N i 4.0,4s.. iFtwiliy:?%,-,:paTirgrwarev-: \ , .5. ,%41401446.4. atrals, i 1.4, -„,.„,. . 0,,; . • ,.5174.10Nikv- inliwis v. ' 'ctiiito, 0 1101.40,,,31-4,110t. 11710....ait tirist. ,,,,,„ . lett ,e., a, 4 410)401,44 lotiii tir wig Ofr Ott rrea Gg. . woos 44) NI, \ 401011 1 , , '1 liVre '4" %. .8'' ' • i, ' g " " • :A l'i . ggt t> 44 rittAa 'n. TaWS. :a& i 4 41"4 e: fe..,n4if: • LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS (Manos 1000-033-01-18) 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# - - The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees X 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital • • construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Reconstruct existing residence. Building Permit issued 10/6/05 however, during construction foundation and footings found to be structurally unsound and existing house was demolished. Zoning Board requested review of application because original appeal was to renovate and add to existing residence not demolish. Trustees jurisdiction changed and to avoid delay application to Trustees submitted herein. Owner will agree to adding drywells and haybales. Location of action: 2000 Sound Drive, Greenport Site acreage: 28,884 sq.ft. Present land use: residential Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a)Name of applicant: Peter & Arlene Manos (b)Mailing address: 200 Central Park S. F5, NY, NY (c) Telephone number: Area Code ( 212 ) 382-6103 (d)Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No 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 dverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes No Not Applicable Reconstruction of existing residence. House is no closer than neighboring homes. Located more than 160 feet from Tie Line on Long Island Sound and property contains two bluffs. Proposed activity is more than 100 feet from first top of bluff line and 51' and 65' from 2°" top of bluff line. 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 Not Applicable Existing developed site-fully developed area. 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 Yes No Not Applicable 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 No Not Applicable The existing house is being reconstructed to current building code standards. A new sanitary system is proposed which also conforms to current environmental standards. The new sanitary is located away from the Long Island Sound. A building permit was previously granted for additions and alterations to existing residence. The foundation was structurally unsound and the house could not be saved. The new construction is no closer • • than adjacent developed properties. 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 Yes No Not Applicable The replacement of the sanitary system will be an improvement to the water quality. All construction will meet current stricter standards then the existing structure. 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 No Not Applicable The replacement of the existing residence will place conditions on construction which mitigate impacts. The Trustees and ZBA require haybales during construction-which are already in place during excavation under the existing building permit. Drywells and gutters are also required. All other existing structures (stairs to beach, patios and landscaping will be retained.) 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. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No Not Applicable 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 Not Applicable A new sanitary is proposed. Property previously developed with a single family dwelling. 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. • • Yes No Not Applicable 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 No Not Applicable property is a waterfront parcel with a single family dwelling. Reconstruction of dwelling is The requested. 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. Yes No Not Applicable Construction of new dwelling will be done with current environmental regulations. Proper protection of bluff with haybales and protection of water runoff, Bluff face and toe are stable and vegetated. 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. 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. Yes No Not Applicable • • PATRICIA C. MOORE RECEIVED Attorney at Law An 51020 Main Road l I �J1UN 1 3 2006 Southold,New York 11971 QACtrincteG( Tel: (631)765-4330 ZONING BOARD OF APPEALS Fax: (631) 765-4643 Margaret Rutkowski Betsy Perkins Secretary June 13 , 2006 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall 53095 Main Road ' \v Southold, NY 11971 \.00 Re: Manos Variance I ( 11 Dear Chairwoman and Board members : The survey has been updated, the locatio I ((:)4 has not changed. I have attached two plans: •h/ 1. The architect' s site plan which shows the st ✓ back: Patio/Pool at 60 feet (pool is 2 feet the top of bluff and 88 feet for house. This p__,__ to remain as approved. This is the preferred setback! 2 . The survey shows 10 feet back as the Board suggested: The surveyor has shown proposed pool at 65 feet from top of bluff (note patio is two foot seaward of pool setback) and 92 feet for the house. The surveyor staked what is shown on the survey and it is ready for your inspection. At your inspection you will notice that setting the house back to 92 feet will alter the development pattern of the neighborhood by pushing the house closer to the road. The house at 88 feet from the top of the bluff allows us to retain our Health Department approval and places the house more in line with the neighboring homes along Sound Drive. Enclosed please find 7 of the following documents: 1 . Notice of disapproval amended May 22 , 2006 plan with patio and pool relocated to rear yard at 51 feet from top of bluff- reviewed at first hearing. 2 . The Survey of the property which incorporates the design of architect' s site plan at 65 feet (pool) and 92 feet (house) from Top of Bluff . This is not the preferred plan. III RECEIVED JUN 1 3 2006 7.ONINCu BOAED OF APPEALS 3 . Amended Variance Application with attached opinion letters from both Mr. Corwin, PE and Mr. O'Brien PE. Based on these opinions the builder removed the existing foundation. 4 . Updated LWRP 5 . The Board has issued numerous variances for setback of structures to the bluff, these variances are listed in the application by applicant name and appeal number. I have attached the corresponding decision and survey for your convenience. If you need anything else please do not hesitate to contact me. Vezy.�'al yours, ..--Patricia C. Moore cc: Mr. And Mrs . Manos • • • u -__ROBERT O'BRIEN P.E. CONSULTING ENGINEERING SERVICES ILI2074 MAIN ROAD. P.O. BOX 456. LAUREL, NY 'I '1946 631-296-5252 RECEIVED January 11, 2006 JUN 1 3 2006 to 4 t A ZONING. erAPO OF APPEALS 1 C/naio r� 5173 Ms. Arlene Manos 1 datiapa p e 200 Central Park South C r/10-1042.1e--) a New York, New York 10019 2000 Sound Drive Greenport, New York 11944 Dear Ms. Manos: Per our phone conversation of today, please find below a list of items discussed at a site meeting on December 17, 2005. Reasons for construction of new poured concrete foundation walls replacing the existing concrete block foundation walls: (1) The existing front porch lacks foundation walls and is on a slab-on-grade. A new foundation needs to be constructed, extending down below the frost line to con- form to Code. (2) The existing foundations have only a 2" reveal above finished grade. A minimum of 8" is required by Code to prevent wet rot and termite entry into the sill plates. The top of the new foundation would be set at the proper grade and incorporate a metal termite shield. (3) The existing concrete block foundation at the south side has bowed in due to lat- eral pressures caused by frost heaves in winter. Improper g-lacliffirground areas, resulting in saturation of the soil, and the hydrostatic pressure due to the high ground water table are also contributory. The existing block wall would need to be reinforced with buttresses constructed against it. It is possible that the in- ward movement still could progress over time. The foundation wall would then need to be replaced in the future at great expense. This as the house would need to be supported on temporary steel beams installed by a house moving company. • • - 2 - (4) A French drain system could be installed around the new foundation wall, along with a stone gravel base under the new floor slab. This would help in alleviating the present water condition. (5) Insure that the foundation walls can support the additional imposed vertical load- ings without settlement. This, in particular, as the existing high ground water level decreases the allowable bearing capacity of the soil under the footings. (6) Provide positive anchorage for the hurricane metal strapping required by today's Codes for uplift pressures. The capacity of the existing concrete block mortar joints to resist tension stresses is minimal. (7) Prevent water penetration into the basement area, as the new foundation wall can be properly waterproofed at the exterior. (8) The existing marked sloping at the first floor areas would be eliminated by the construction of new level foundation. Additional recommendations are as follows: (1) All the proposed new concrete block walls shown on the approved drawings should be changed to poured concrete for the reasons stated above. (2) The crawl spaces, except for the porch, should be eliminated and made full- height. This for easy access and added storage space. (3) The brick chimney at the west side of the house, which was to remain, is in poor condition and needs to be removed. (4) An exterior Bilco door stair should be incorporated in the new foundation. This to provide easy access to the basement. Also to allow the existing buried fuel oil storage tank to be abandoned and a new tank to be installed in the basement. • - 3 - (5) The proposed garage should be moved and attached to the front of the west two- story addition to prevent shadowing of the pool area at mid-day. If desired, a second-story bonus room could also be constructed above the garage to maintain the same roof line. Note: The garage side lot setback, which is non-conforming, would be approximately 12 feet, which is greater than the approved five feet. The relocation of the garage would require moving the septic tank and leaching pool closer to the road. Re-filing may be needed with the Heath Department. As excavation will be required for the foundation walls, a new permit may be needed from the Trustees. An amendment or new variance will also probably be needed from the Zoning Board, as the additional work is within 100 feet of the top of the bluff. Note: It is important that all of the present permits and variances be reviewed to determine if they specifically state that they are only valid if the existing foundation re- mains. If not, the approval process should be less involved. If you have any questions, feel free to call me. Very truly yours, Nolen`O'Brien Robert O'Brien P. E. • November 27, 2005 Ms. Arlene Manos JUN 1 3 2006 do AMC Ad Sales 530 5th Ave Fl 17`h New York,NY 10036-5101 ZoNiNG BOARD OF APPEALS Subject: 2000 Sound Drive, Greenport Dear Ms. Manos: At your request I examined the site of the above referenced structure, which is about to undergo extensive renovation, on November 22 and 25 to determine the feasibility of maintaining the existing first floor elevation versus raising the house. The east, north, west and south sides of the house currently have a distance from existing grade to the top of the concrete foundation of 0-inch to 4-inches. The New York State Building Code calls for a minimum of 6-inches of concrete foundation above the grade line and for grading away from the house. Neither requirement is satisfied with the current conditions. The first floor of the exiting house was built 6-inches to 12-inches too low. The NYS Building Code can be satisfied by raising the house a minimum of 8-inches. As an alternative to raising the house the area near the house could be landscaped using timber landscape ties which would result in at least a 6-inch riser on the east, north and west sides of the house. However, this solution would not allow for grading away from the house, but result in a house that is in effect in a shallow pit. Since the house is undergoing extensive renovations I would recommend that the first floor of the house be raised a minimum of 8-inches with a 12-inch rise being optimum for the existing conditions. If you have any questions please call. Very truly yours, David S. Corwin, P.E. c.wi�n.1 v,:..uu.J uuLnn�p ti vvu ,uAIwaw U .1 - - rt is ;i�� a . i ' I . ilil X.' 4 A4 • 0 1011 * ir 6 f� • -•• r 1, / ' 4 • J. f A r • r / 4 F •• .44:rofro.....: ,• f , . 7, 7 de A . . • •• #. a , i f / ififli il!iiir l's �IFair= {i. if f r Tr O. f. 0 , 4_. ; . , 'ir . / , . . . , ., _ C* _y 4: ck F, I ` • •�..# f - • 1 i JI I R Y • Y , A- Ili- - 4, s _ • / • _• ; A{ 1 - e ♦ 14 r 11 C+ ru 04. 43 0 0,00, wilp Image C> 2006 New York GIS , '.' • Streamin. I 1 100% • ' o'...'' r I_ JO i ' �/ — ~ft�- _� • �- le Of sP ..+� b AO r ... — .........-..-,,,,„ ....ire i . - 114.411-`11 . 1**". - - 3.�. + • ~ \ Z • 1 �►. - r� a O , d yi 01' ...' 2000 Sound Drive, Greenport. VorkT1 IV al 61641r4 a meg 111, . ,..IP lei Oa a Or i. 11 11111111, Imag• 02.06 'ri,bZ ,r. • ie. op 7,2'2.2'43.04' 1 C x7 €1 W `r'' muffin i'0% - % �°Ca/� MAILING ADDRESS: P NG BOARD MEMBE gyp•" "-- P.O. Box 1179 JERILYN B.WOODHOUSE 1'1���0-``�OF 8007 IO\ Southold,NY 11971 r� Chair V` OFFICE LOCATION: KENNETH L.EDWARDS - * T Town Hall Annex MARTIN H. SIDOR on is 1 54375 State Route 26 GEORGE D.SOLOMON ` G �O (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND 'KrCOU'M N ,��� Southold, NY .00 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Ruth D. Oliva, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Senior Environmental Planner LWRP Coordinator „ri4 #n x Date: June 29,2006 R JUN 2 9 2006 Re: ZBA File#5893 (Manos) SCTM#1000-33-1-18 y, rM:, ts The proposed action has been reviewed to Chapter 95,Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following LWRP recommendations and Policy Standards and therefore is INCONSISTENT with the LWRP. The proposed action is inconsistent with Policy 6 for reasons stated below. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed location of the pool and associated structures is+/- 51 feet from the top of bluff line; a minimum setback distance of 100' is required pursuant to Chapter 97, Section 97-12,D. Note that the applicant does not show a pool de-watering drywell. enc. • • • `,°'c',etr:o /yen LWRP CONSISTENCY ASSESSMENT FORM { JUN 1 3 2006 A. INSTRUCTIONS (Manos 1000-033-01-18) ','71F2C. 9OAPD OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#1000-33 - 1 - 18 Manos- demolition of existing residence reconstruction of residence at @88 feet from top of bluff, pool 60 feet from top of bluff: all activity landwara LI of Coastal Erosion Hazard Line The Application has been submitted to (check appropriate response): Zoning Board X Town Board Planning Dept. Building Dept. Board of Trustees X (previously reviewed with house where pool is now proposed) 1. Category of Town of Southold agency action (check appropriate 4110 • response): / JUN 1 3 2006 (a) Action undertaken directly by Town agency(e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Reconstruct existing residence. Building Permit issued 10/6/05 however, during construction foundation and footings found to be structurally unsound and existing house was demolished. Zoning Board requested review of application because original appeal was to renovate and add to existing residence not demolish. Trustees approved pool location, house has been pushed away from bluff. Existing mature vegetation along top of bluff. Property previously improved with residence which was demolished. Owner adding drywells, haybales and non-turf buffer landward of existing hedge in accordance with Trustees recommendation. Also, most of the adjacent properties developed their homes at 50 feet from the top of the bluff, owner pushing house back in order to place pool at 60 feet from top of bluff. Location of action: 2000 Sound Drive, Greenport Site acreage: 28,884 sq.ft. Present land use: residential Present zoning classification: 11-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a)Name of applicant: Peter & Arlene Manos (b) Mailing address: 200 Central Park S. F5, NY,NY (c) Telephone number: Area Code ( 212 ) 382-6103 (d)Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? • • Yes No 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 dverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes No Not Applicable Reconstruction of existing residence. House is pushed further back then original location. Pool is no closer than neighboring homes. Located more than 160 feet from Tie Line on Long Island Sound. Proposed house is 88 feet from first top of bluff line and 16 x 32 pool is 60 feet from top of bluff. Top of Bluff and Toe of Bluff are very stable and heavily vegetated- 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 Not Applicable Existing developed site- fully developed area. 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 Yes No Not Applicable 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 No Not Applicable The existing house is being reconstructed to current building code standards. A new sanitary system is proposed which also conforms to current environmental standards. The new sanitary is located away from the Long Island Sound. A building permit was previously granted for additions and alterations to existing residence which was located 61 feet from top of bluff and porch addition at 51 feet from top of bluff. The new construction is no closer than adjacent developed properties. House is significantly further away from the Bluff then surrounding homes. 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 Yes No Not Applicable The replacement of the sanitary system will be an improvement to the water quality. All construction will meet current stricter standards then the existing structure. 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 No Not Applicable The replacement of the existing residence will place conditions on construction which mitigate impacts. The Trustees and ZBA require haybales during construction-which are already in place during excavation under the existing building permit. Drywells and gutters are also required. All other existing structures (stairs to beach, patios and landscaping will be retained.) A non-truf buffer 10 feet landward of existing hedge was requested by Trustees. 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. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No Not Applicable 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 Not Applicable A new sanitary is proposed. Property previously developed with a single family dwelling. 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. Yes No Not Applicable 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 No Not Applicable property is a waterfront parcel with a single family dwelling. Reconstruction of dwelling and construction of new pool is requested. 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. Yes No Not Applicable Construction of new dwelling will be done with current environmental regulations. Proper protection of bluff with haybales and protection of water runoff, Bluff face and toe are stable and vegetated. 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. 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. Yes No Not Applicable RECEIVED JUN 1 3 2006 ZONING SOAPO OF APPALS FROM : NRCS'SUCD Riverhead • PHONE NO. : 6317273160 • Jun. 21 2006 01:10PM P2 COUNTY OF SUFFOLK a+moi s. Steve Levy SUFFOLK COUNTY EXECUTIVE SOIL AND WATER 7 Thomas J.McMahon CONSERVATION DISTRICT DISTRICT MANAGER (631)727-2315 x3 FAX(631)727-3160 d o� June 21,2006 6+4/ , t AD A M • Ruth Oliva T Southold Town Board of Appeals 53095 Main Road P.O.Box 1179 Southold,NY 11971-0959 RE: ZBA File No. 5893: Manos Dear Chairwoman Oliva: As per the request of your office,a site investigation was conducted at 2000 Sound Drive in Greenport on June 19, 2006,SCTM#1000-33-1-18. This site is the location for the proposed construction of an in-ground swimming pool in the rear yard along with a proposed house re-location. At the time of inspection the existing house and all debris had been removed from the site. The proposed location for the pool was excavated and staked out. Two site inspections were previously conducted at this site by our office,on September 13,2002 and May 26,2004. The results of the site inspection conducted in 2004 are enclosed for your review as they contain detailed observations regarding the condition of the bluff,which were still true on the 2006 site visit. The observations from June 19,2006 and subsequent recommendations of this office are as follows. At the time of inspection the bluff was in dense vegetative cover and appeared to be stabile;no evidence of erosion was observed. Concerns with this site are in regard to the proposed construction. Drainage is of utmost concern;under no circumstances is drainage or runoff water to be allowed to flow over the bluff edge. A positive slope away from the bluff edge must be maintained during and after construction as water flowing over the bluff's edge is a catalyst for erosion. It is advised to keep all heavy equipment away from the bluff edge; excess weight on the bluff could cause a collapse. Erosion control measures such,as silt fencing should be utilized during construction. All bare soil should be vegetated immediately with a quick germinating grass seed mix containing annual rye grass. In an effort to decrease the volume of runoff water generated on site it is recommended to use permeable or porous paving materials such as permeable pavers,gravel,crushed rock or shells. It is also highly recommended to install gutters,down spouts and drywells to properly dispose of roof runoff. Dry wells should be sited as far from the bluff edge as possible in order to minimize seepage out onto the bluff face. Cornell Cooperative Extension Building • 423 Grifring Avenue • Riverhead,New York 11901 FROM : NRCS/SWCD Riverhead . PHONE NO. : 6317273160 • Jun. 21 2006 01:10PM P3 COUNTY OF SUFFOLK s- Steve Levy SUFFOLK COUNTY EXECUTIVE SOIL AND WATER Thomas J.McMahon CONSERVATION DISTRICT DISTRICT MANAGER (631)727-2315 x3 FAX(631)727-3160 Alternatively it is possible to store roof runoff in a rain barrel and utilize it for irrigation. However,irrigation water should be applied judiciously as saturated soils can put excessive weight on the bluff. Due to the close proximity of the proposed pool to the bluff,efforts should continually be made to protect the bluff integrity from pool water. Pool water should never be discharged directly on the ground,over the bluff face,or piped towards the bluff due to the erosive damage that such a large quantity of water could cause to the stability of the bluff. Therefore,dry wells/leaching basins should be installed near the pool to allow for proper disposal of pool water. As nutrient loading is a concern within Long Island Sound,it is recommended that landscaping activities use low maintain lawn grasses(fescues)or native plants. Beach plum,Bayberry,Beach pea, Seaside Goldenrod, Cape American Beach grass,and Red Cedar are examples of native Long Island plants appropriate for this site. These plants are able to tolerate the harsh climate of Long Island;therefore limited additions of nutrients, pesticides, and water will be needed. To summarize,no site limitations were observed on June 26,2006. The bluff appeared to be stabile and should remain so if the proper measures are taken during construction as described above. If you required any additional information or have any questions please don not hesitate to contact me. Besttnreg"ardds,W C iifL Nicole Spinelli Soil District Technician Cornell Cooperative Extension Building • 423 Griming Avenue • Riverhead,New York 11901 FRal : NRCS/SWCD Riverhead . PHONE NO. : 6317273160 • Jun. 21 2006 01:11PM P4 COUNTY OF SUFFOLK • e 31/4 yo Amco- Steve Levy SUFFOLK CADET EXECUTIVE SOIL AND WATER Thomas J. McMahon CONSERVATION DISTRICT DISTRICT MANAMNR 1AR: (631)727-3160 (631)727-2715 June 1,2004 Ruth Oliva Southold Town Board of Appeals 53095 Main Road P.O.Box 1179 Southold,NY 11971-0959 RE: ZBA File No.5523: Manos Dear Chairwoman Oliva: As per the request of your office,a site investigation was conducted at 2000 Sound Drive in Greenport on May 26, 2004,SCTM#1000-33-1-18. This site is the location for the proposed construction of an in-ground swimming pool in the side yard along with additions to the house and terrace. The observations and recommendations ofthis office are as follows. The rear yard is cover by dense lawn grasses. The house itself is fitted with gutters and downspouts,only one of which appears to outlet into a drywell. The center portion of the rear yard is sloping towards the top of the bluff The remainder of the yard slopes away from the bluff edge. Care should be taken during construction to maintain this positive slope away from the bluff edge. It is optimal to outlet the additional drainage water from both the terraces and roof into drywells. It is also acceptable to direct this drainage water onto grassed areas as long as the runoff does not flow over the bluff edge. Provisions should also be made for draining the pool at the end of the season;this water should not be allowed to flow over the bluff edge. The bluff face itself is well vegetated with the exception of directly under a newly constructed staircase which leads to the beach below. Although this area is not actively eroding,it is recommended that it be vegetated as soon as possible in order to prevent future erosion. `Cape'American beach grass is a desirable species for this purpose. It is advisable to protect the slope with an erosion control blanket while the beach grass establishes. A portion of the bluff has been cut out to provide space for a new storage shed,leaving a nearly vertical section of bluff exposed and vulnerable to erosion. This location also needs to be vegetated with beach grass and protected with an erosion control blanket. If beach grass fails to stabilize this vertical slope,it may be necessary to install a small retaining wall in order to hold the soil in place. Currently Montauk daisies dominate the bluff vegetation. Honeysuckle,Bittersweet,Sumac and Rugosa rose are also present. Additionally,there exists numerous black pine throughout the bluff,many of which are dying,exhibited by large areas of browning needles. The failing pines need to be cut down to the base,leaving the roots and stump intact. The pines,which are salvageable need to be pruned and maintained at shrub height;be sure to remove the clippings off Cooperative Extension Building 423 Gritting Avenue. Suite 110. RIVERH{EAD, NY 11901 FROM : NRCS/SWCD Riverhead • PHONE NO. : 6317273160 . Jun. 21 2006 01:11PM PS COUNTY OF SUFFOLK w I ;VI ;VI: Steve Levy SOFFOLI COUPTI EZECUTIVE Moms J. =Mann AND NATER c 311 DISTRICT DISTRICT IANWER FAS1 (631) 27-3160 (631)727-2315 the bluff. It should be noted that plant debris is being disposed of on the bluff face,predominately on the upper eastem portion and possibly the beach below. This does not prevent erosion and may in many cases accelerate erosion. All plant debris should be removed from the bluff and disposed of properly. No hard stabilization structures exist at the bluff toe on the subject property. However,a bulk head does exist on the neighboring property to the east. The high tide line does not reach the bluff toe. Remnants of a decaying fence or bulkhead on the upper portion of the bluff face were observed. This structure has been almost completely overgrown with vegetation and should be left in place. The last item of concern is placement of the proposed fence. On the site plan the fence is to be located along the top of the eastern portion of the bluff edge. As a precaution it is advisable to locate the fence inland of the bluff edge. Close placement to the edge can become a problem lithe bluff becomes unstable or if the fence is solid as in a stockade fence, wind stress can create soil disturbance. A fence,which will allow wind to pass through it,such as a chain link fence,is less of a potential problem. In conclusion,the item of greatest concern is the lack of vegetation under the newly constructed stairs and around the storage shed. During and after construction a positive grade away from the bluff must be maintained. Lastly,the placement of the proposed fence should be revised and the type of fence considered. Should you require additional information,please do not hesitate to contact my office. Respectfully, /� /1 -�.Jl)' Nicole Spinelli y)•��wµ Soil District Technician Cooperative Extension Building 423 Griefing Avenue, Suite 110. RIVERHHEAD, NY 11901 05/21/2006 17:40 631-76-490 G.A.STRANG,ARCF4 CT PAGE 01 514 ¢ c,- e f} ,t l- art r, yipti ``:'e > /getc,e Garrett A. Strang Architect 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (631) 765-5455 Fax(631) 765-5490 May 25, 2006 Sent via fax 765 9064 Lti totQF} MAY 2 5 2006 Ms.Ruth Oliva, Chairperson q Southold Town Zoning Board of Appeals j, s/g3 Main Road ZONING, 13OAPD OF APP=ALS Southold,NY 11971 Re: Application of Manos,ZBA#5893 Dear Ms. Oliva and Members of the Board: Due to a scheduling conflict, I will be unable to attend this afternoon's public hearing on the above application, however,I wish to go on records as follows: 1. Supporting documentation for this application include copies of drawings prepared by my office, some of which were amended by the applicant/agent,without my knowledge or consent. 2. I am neither a party to this application, nor should my altered original drawings be considered as part of this application. 3. The application makes reference to damaged foundation and/or inadequate structure as the reason the house was demolished. Please be advised that this office secured building permit #31508-Z and as the design professional, take exception to this statement. In the course of preparing the construction documents, and based on my professional expertise and personal observation,there was no apparent evidence of any structural deficiency in either the foundation or the building itself 4. For a number of reasons, including zoning issues, demolition was ruled out as an option early in the design process. Respectfully submitted, ' Garrett A. Strang, R.A. Architect s��' � � � m�8�3 )0, May 22, 2006 Dear Zoning Board, We are very disappointed that we can not be present at the hearing. We wish to express our sincere request that the Board grant us the proposed plan. After the plans were prepared and variances obtained,we discovered by an engineer recommended by our contractor that the foundation could not support our proposed renovation. We obtained a second opinion hoping to preserve not only the house but the extensive financial investment in the drawings and permits made to that point. The second engineer concluded that we could not preserve our existing house without extensive and very expensive remedial measures. Our contractor tried to preserve what he could,but in the end, the house was gone. We return to the Board with the hope that with patience all ends well. Our original plan for the pool seaward of the existing house which the board denied along the bluff and granted in the side yard can now be located comfortably in the area where our house once stood (the hole remains). The house and pool have been redesigned. The pool was relocated at the request of our neighbor. We agreed with the Trustees that the new location was better because it would respect our neighbor's privacy and is adequately set back from the top of the bluff. The house is modest in size compared to some of the new homes in our neighborhood but good for visiting children and grandchildren. We hope that the Board will grant our application and that we can start our house soon. My husband is 82 years old, swimming is the only exercise which he tolerates and he has dreamed of swimming in his pool with his grandchildren. Thank you, 272042.40-4— Arlene Manos . ( • ) Vr r ii WI COUNTY OF SUFFOLK I k/ STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING September 20, 2006 Ms.Ruth Oliva, Chair Town of Southold ZBA SEP 2 2 2306 53085 Main Rd.,P.O. Box 1179 Southold,NY 11971 Dear Ms. Oliva: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Manos,Peter&Arlene 5730 Klein,Geri Atmine 5793 &5853 Curran, James 5795 Neumann, James 5822 Olvasid Realty* 5828 Fischer,Daniel 5833 Aliano,Nicholas** 5846 Hajek, Frank&Rose 5847 Miritello, Stephanie 5849 Chapman,John 5857 343 East 18 LLC (Lowry) 5860 Sweeney,Jim&Susan 5865 Ward,Richard& Susan 5867 Estate of Glenn Boocock 5868 Kennedy, Sheila 5870 Galizia,Henry 5871 Baner, John&Denise 5874 Perillo,Thomas*** 5879 Fitzpatrick,Thomas&Mary 5880 Romanelli Brothers 5882 Perry, Richard&Kim 5886 Pollio,Anne 5889 Ekster,Lawrence&Ann 5891 Deegan,Francis&Nancy 5892 Bissett,James III 5894 Sutton,Alexander&Tracy 5898 Sullivan,Robert&Jackie 5902 LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR • P.O.BOX 6100 • (631)8 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(631)1 0) _2- gi Latham, Stephen&Joan 5904 Fitzgerald,James 5905 Constantino,Ralph&Carmela 5908 Mascia,Philip 5899 Thermos,Barbara 5910 Gonzales, Joseph 5917 Albrecht, Scott&Wendy 5923 *The application as proposed is bordering on an overintensification of the use of the premises. The property can be reasonably developed in accordance with the existing zoning without seeking variances for an additional lot. **Staff notes the excavation for the footings and retaining walls associated with the proposed house. Limiting the size of the residence will help in minimizing impacts to the bluff. ***The proposed 15 ft. wide right-of-way should be designed as a flag lot to ensure the lot to the south will have legal access to Peconic Bay Blvd. Very truly yours, Thomas Isles,AICP Director of Planning S/s Christopher S. Wrede Environmental Planner CSW:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR . P.O.BOX 6100 . (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(631)853-4044 mks, • 33 028200 457?V— Ate 7/Y/O _ o 1d(NN(0Z.. cup 2&uct • 55;3 l -04 eco& Ln w(Plevvil 6•S'o4 CA- 5 7 A-57—o (LLJ1'.ILL &t4at-- fAl 07/7/01/4? 7/allay 5893 ' 'c 72 /de" . / 11 d _ /6 -G ._ ? -/lam f I • . 0 • - - ., ______ ...„,...._... _. . ..__ _ ___.----------- --------7-- ------ , _ i ..., 1 vi testy . 1 1 I / - N _ _ lid Qs�r _ 1 ,.._........A.......a... ....as- . • 1._— _ - —_ –.— 76-x - FP 78 X,21 1 — -� ____ al mac___ \./ it , , i/__ . 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DE TA /C. /3 ,rpt C_,,I_ -0_,i �,• • I; I A -O L 'i' ' FEB 2 8 2!-'-!B rUPPLE;MEA/T�/ ,B,�FSEA1E^JI- 9a/ AG.E �E-*-'7 ,oc /L i i Pale Al - 4fP,wveL) 0.-v /o-G - S - 8/ 3/50: 2 - G,. sT/'41vG - 4,2cy7 Oeuve.S776,17-xyv of E,cxcr '.1e t 4sErvc,v7 A1AJO A'ORC4IAOcY/r,/G /A/O/C 47-C7 v s /ociJ R 4s-ra., 'o.2d 770'V0 • DATE: 2:-24-06 PROPOSED ALTERATIONS TO THE �cp•a.. 1.15:, MANOS .k ESIDENCE. 1"•�� M1, �s r �o:n . 2400 SOUND DRIVE GREENPORT TOWN OF SOUTHOLD NY A-0 N9/.?:°19j5° -°r• CHORNO ASSOCIATES AirF 6&.. 47:earchitects., plsan ne . Interior design rl�rx/O S,OUTHOLA NY TRANSMITTAL WITHOUT COVER LETTER FTIE DELIVERED //Y/2003 TO ZBA OFFICE JUN 1 4 2006 FROM: at- /11(90re [ZONING' BOARD Cr APPEALS RE: Max()S i`o o®- p4/25- - r�/D rd p/azns I , c * //,/lam iii- APPEALS BOARD MEMBERS �� �" .' ���` 7 = Southold Town Hall Gerard P Goehringer, Chairman �kl":› ' x _F _ 53095 Main Road Serge Doyen,Jr. ,,,,,,„;.,/ ' '���� P0.Box 1179 James Dinizio, Jr. -: 0 421 y`4Z) Southold,New York 11971 Robert A.Villa - ,,.a" Fax(515)765-1823 Lydia A.Tortora Telephone(516)765-1809 BOARD OF APPEALS ' t I k TOWN OF SOUTHOLD JUN w 3 2006 April 3, 1996 ACTION OF THE BOARD OF APPEALS ' APPLICANT: JOSEPH KANE. ZBA APDL. 3.. o. ? o Ls LOCATION OF PROPERTY: 3100 Sound Drive, Greenport. 1000- `s= f_--` BASIS OF APPEAL: March 12, 1996 Notice of Disapproval. CODE PROVISION DENIED: Article XXIV, Section 100-244B. RELIEF REQUESTED: Minimum side yard and total side yards requested at 18 ft. on the west side and 10 ft. on the east side, for a total of 28 feet for both sides as shown. on Architeehuologies Map submitted under this request. MOTION MADE BY: Robert A. Villa SECONDED BY: Gerard Goelaringer RESOLUTION ADOPTED: Denied relief of 13.5 ft. on the easterly side, and GRANTED ALTERNATIVE RELIEF for a minimum setback of 15 ft. on the EASTERLY side with the remaining westerly side at 13 feet, for a total of not less than. 28 FEET. REASONS I FINDINGS: Between January 1989 and about December 5, 1995, Section 100-244C provided for certain reduced setbacks (without ZBA approval) for subdivisions approved prior to the present zoning. The Subdivision Map of Eastern Shores, Section W, was filed March 7, 1966 and at that time, side yards were required by Code to be a total of 25 feet (without ZBA application). The variance requested is seven (7) feet from the current code, and is within the requirement in effect up until about December 5, 1995 (when the new local law became effective for areas of projects requiring County Planning review). The relief is minimal, and continues to preserve and protect the character of the neighborhood and the health, safety, welfare of the community. The result does not create an undesirable change or detriment to adjoining properties when built according to this plan (and former conditions under Appeal No. 3621). VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously adopted. RECEIVED A � GERARD P. GOEHRINGER, CHAIRMAN ND FIT ETHE SOUTHOLD TOWN FN 0 r. `Ric 1 DATE LI)7/7‘ HOUR :5:5 t ._ , , - r 1 °ow Glen, Town. of SO 11...4 }ani I • R',"�. 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N.Y. 11971 . 0411TELEPHONE (516) 765-1809 ACTION OF-THE., ZONING' BOARD OF..APPEALS Appeal No. 3471 �•` Application Dated February 20 , 1986 • , .• T- • , Howard. 'E:- Pae.hman,; -,Esq_. as Attorney LAppel l ant (s) =far AIGUOLAS TSIT KAS • . .• 366 ..Veterans •`M.emori a-1 Hi ghwa-y ; _ . . Commack , NY - 11725 " - - At a Meeting of-the ZOning.•Board of Appeals held on • dune 25 , 1986 _ theabove'rappe-al was:;considered-, and the action indicated below was taken on .your. .::;. , [. ] equest =for Variance Due to Lack of Access to Property - - New, York Town Law, Section 280-a • , -I I .,.Request, for.: Special ,Exception under the Zoning Ordinanc Article , Section _ •IX ]' 'Request for Variance to the Zoning Ordinance - Article ' XI , Section 100-119. 2(A)L1 ] - ' -' [ ) Request for Appl ieation oi" NICHOLAS TSIRKAS for a Variance to the Zoning Ordinance, Article XI';- Section 100-1•19. 2 (A)[1 ] for permission to construct,: s•i.ngle-family dwelling with an - insufficient Setback from edge of bnkralong, the' Long- Island Sound: Location of Property: North Sid-e of Sound •A"•enue , Greenport ; NY ; Eastern ,Shores Subdivision Map 4586 ; Lot11'3 ; County Tax Map Parcel, No . 1000-33-01-11 : WHEREAS , public hearings were held on April 3 , 1986 , May 1 , 1986 , and concluded on May 22 , 1986, in the Matter of •the Application of NICHOLAS TSIRKAS under Appeal No. 3471 ; and W4REA,S , the board members have personally viewed and- are familiar lith,-t.he premises in question, its present zoning, and the - surro•undng areas ; and WHEREAS , at said hearing all those who desired to be heard were heard , and their testimony was recorded ; and • WHEREAS , the board has carefully considered all testimony . and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact : 1 . By this application, appellant requests a variance to the • Zoning _Ordinance , Article XI , Section 100-119 . 2 , Subsection (A)[1 ] for permission to locate a new single-family dwelling. with an insuffi - • Page 2 ,- Appeal No . 3471 Matter of NICHOLAS TSIRKAS Decision Rendered June 25, 1986 3. The subject premises is vacant and consists of a total lotareaof 25,250 sq . ft. , lot width of 100 feet , and total average depth of 2:61 ± feet . The shortest .distance as scaled on the March 12 , 19,86 survey appears to -be 123± feet from the southerly property line along Sound Drive to the top of the bank. 4. Submitted in support of this application are : (a ) survey of existing dwellings in the immediate area along the north side of Sound Drive mapped March 12 , 1986 ; showing varied setbacks from the top of bank with a zero setback (for deck construction ) , and with - a 15±-foot setback varying to 60± feet; (b) copies of title closing ' statement , tax bills , deed, title search report; (c) topographical photograph of the area; (d) licensed real -estate broker' s report; (e)• individual, surveys of other lots in the vicinity (along the north side of Sound Drive) ; ' (f) -engineer ' s building site report , etc . 5. It is noted for the record that by a prior application under Appeal 'No. 3386 , a variance - to locate a new single-family dwelling of a size 47 ' by 67 ' , more or less , at a distance of 35 feet from the edge of the bank , was denied without prejudice for the reasons set forth therein. 6 . It is the opinion of this board that : (a) construction should be located as far, back from the bank ' s edge as possible ; (b) -water runoff (indluding lawn sprinkler's , etc . ) be pipe`! • toward the south of the bank , not to drain over the bluff areas and to reduce saturation of the face of the bluff. • In considering this appeal , the ;board also finds and 'determines that by locating new construction not closer than • 50 feet to the top of bank : (a ) the variance will be the minimal necessary and will not be substantial in relation to the zoning requirements ; (b) there will be no substantial change in the character of the immediate area ; (c) the circumstances are unique ; (d) that the practical difficulties are sufficient to warrant the granting of a variance ; , (e) there • is no 'other m'ethod -'feasible for appellant to pursue other than a variance; (f) that in view of the manner in which- the difficulties arose and` in considering all the above factors , the interests of -jus- tice will best be served . Accordingly , on motion by Mr. Douglass , seconded by Mr. Goehringer , it was - - - RESOLVED , that a Variance for permission to locate - - new single-family dwelling construction with an insufficient ' setback from the top of 'bank along the Long Island Sound, BE •AN•D 'HEREBY IS 'APPROVED in the Matter of- the Application of NICH•OtAS •TSIRKAS , Appeal No . 3471 ; SUBJECT TO THE FOLLOWING CONDITION: That no' construction be located :closer.than 50 feet at nearest .point from the top of the bank . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . -(Member Doyen, ( Fishers Island) was absent. ) O 1 '' '+f��b • • ' • ti. . '- . . ._ �s:;� ,.. _ ✓ j'. .,.... ; .,.. • .. .. . . ,, F 1I, �� c U Nq 0 _., pr•d. k 1911 ""f ". NK,.-L' - // ' 1Ytr4P or: Przo rr- ` hi Lai- 113 �� } <.,r -' d. Ll2F_:C�rVF-V'T' _ • • N N .7owi i ci ;Xxtri�-JL_t,N.Y. • - . 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' +pr:4, ../98,5'. has , i° SOUND ,1� Dc?!VE ,. �'..�.-_-Nov � ,t��� ' r ,, n1 _ _..... - r W •1 Zor•vbyetiJuree 21,1q78 ' 1- . ., : 1OOIER VC_PS VAIN T_U�YLJ P.C.(J,� ., (yescasn4 r' Y4t,idv u e UI Q �c CLw...•.�/..,,.wt• J 1 .: LICEN9EDLAND SUN VEI6RS ;r GREENPORT ' NEW YORK . . .• 'j-"w V/ 3 3 • x - _ p. PNI JUN 1 0 2006 Nf4.1 4 ' iTtoNifAfe DC7 1- cl -r- • - 11.. ,:Zelri;:f `' 1 T [6 ?, ,„ o -MAIN ROAD - STATE ROAD 25 SOUTHOLD, Lai., N.Y. 11971 045 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3621 Application Dat-d March. 17 , 1987 TO: -Michael S Gilliland, Esq . [Appellant(s) ] Milgrim T omajanA & Lee , P.C. 40:5 Lexi n tton Avenue - _ New York ,_ 1Y 10174-0355 At a Meeting of the Zoning Board of Appeals held on Mary 11 , I987 , the above appea was considered, and the action indicated„ below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [XRequest for Variance to the Zoning Ordinance Article XI , Section 100-119.2 (A) [ ] Request for Applicatio of MICHAEL S. GILLILAND for Variances to the Zoning Ordinance : -(a) Article III , Section 100-32 for permission to con- struct accessor two-car garage in the frontyard area , (b) Article XI , Section 100 119. 2 for permission to locate new dwelling with an insufficient se back from bluff/bank along the Long Island Sound . Location -of Prooerty : North Side of Sound Drive , Greenport, NY; County Tax Map t'arcel No . 1000-33-1-8; Map of Eastern Shores , Section 'Four , Lost .No .. 109.. WHEREAS, a public hearing was held and concluded on April 23, 1987 in the Mater of the Application of MICHAEL S. GILLILAND under Appeal No 3621 ; and WHEREAS, al said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, t e board has carefully considered all testimony and documentation s bmitted concerning this application; and WHEREAS, t e board members have personally viewed and are familiar with t e premises in question , its present zoning, and the surrounding areas ; . and WHEREAS, t e board made the following findings of fact: 1 . The pr:mises in question is located along the north side of Sound [lri va t ragnnnr+ i c i rlpn+i-F; 9a Page 2 - Appeal No . 3bi1 Matter of MICHA L S. GILLILAND Decision Render- d May 11 , 1987 3. The re ief requested by this application is a setback of not less than 5. feet from the 45-foot contour line along the Long Island ,Sou d Bluff as more particularly shown by sketched survey (amended October 7 , • 1986) prepared- by Roderick VanTuyl , P. C. The distance below the 45' contour to the ordinary high- water mark- at i s closest point is 57± feet . . The propo-sed house location is 125 feet to the ordinary highwater mark 'at its closest point a d is fairly level , as compared to the remainder of the property. The bluff face and toe appear fairly stable. There is some v-getation on the bluff face. At the toe of the bluff and on th- beach -(northof the 45 ' contour) , there are numerous large . 00ulders aiding in stabilizing the bluff-. - The lot does contai depressions along the southerly areas . 4. Articl - XI , Section 100-119. 2 , subparagraph A[l ] requires all buildings p °posed on lots adjacent to the Long Island •Sound to be set back of less than one-hundred • (100) feet from the top of the bluff, o bank . The Board finds that although it may be possible to con. truct the dwelling with a minimum setback of- 100 feet from t e top of bluff (without a variance) , the proposed location is more feasible in light of the above factors . 5 . For th- record , it is noted that the dwelling on the easterly parcel (presently of Ehrenreic) is setback 45± feet at its cloest point to the top of bluff/bank - as shown by survey dated Ja uary 24 , 1975 . The premises to the west (Lot 108 ) is va ant. In conside ing this appeal , the Board also finds and determines : (a) the r- lief requested is substantial in relation to the requirement. , being a variance of 45% , or 45 feet; (b) the p acement of the new dwelling at a point not closer than 55 _eet from the top of bluff is not unreasonable and will not be detrimental to adjoining properties or change the character o the districts ; (c ) the c ' rcumstances of the property are unique; (d ) the p actical difficulties are sufficient to warrant a conditional g anting of the variance , as noted bel-ow; (e) the d ' fficulty cannot be obviated by some method feasible for apuellant to pursue other than a variance; (f) the g anting of the relief requested is within the spirit and inte t of the zoning ordinance and maps; (g) in vi -w of the manner in which the difficulties arose and in view of he above factors , the interests of justice would be served by granting the relief, as indicated below. Accordingl , on motion by Mr. Grigonis , seconded by Mr. Goehringer , it was • Page 3 Appeal No . 3621 d Matter of MICHA L S . GILLILAND Decision Renderd May. 11 , 1987 • 2. The we . terly sideyard area remain open and unobstructed a inimum of 15. feet at all times (for easy emergency acces . ) ; 3. No excavation within 50 feet of the top of bluff (45-' contour li e) ; 4. No fur her setback reductions to bluff areas ; and BE IT FURT ER RESOLVED, to 'WTTHDRAW the Variance for an Accessory Ga age Structure in the frontyard area as requested. Vote of th- Board : Ayes : Messrs . Goehringer , Grigonis and Sawicki . ( embers Doyen and Douglass were absent . ) This resolution was duly adopted. l k / S GERARD P. GOEHRINGER, CHAIRMAN May 18 , 1987 • At/A. a j ,� ^_ �•t�_�.L d p f, i'� .Y' „f\k�,r^'.;, if • • M - _ oi k \q\'Y =4` ' ,•''T+.� • - - , t4i }r1_f' , i / rte' A Q , ,, r ^j i • k5 • - ./707 °..P!' • - - 4f "yr' . ../,.....6,5,0r art;• „-'„ .� � • • i, / • • I. . , _ .. . . . , ,. ,.,.. ,,,..• . . , if: .'- - .. • , . 0.4 t tiJ � . 4 -• i . '; ' X Y'. , , ''S•,1, ••. . ,'�.r - F i•'i�!!^�f �r .,5-if• lY • vw . . ..4,.. i . - . ---,_ 'tif'„sir--•-•••:,,,,,k,,,.\ .•,,,, • /-•\r,,, , i 4.. • .,.. --,.....„.,,It.,,f e,.,.,.. v.r 1 .,: . 77W,-. - . . - .2t? �J/li4srrr�i� '4r�✓' 4,-J 4 **.rd''''' -'7-t-tegok,sr< t. • i' n �„g_ Tt ». ,. c. K4 �3?�� �-1 ,'S` RN/+, /`YF A A,�'° `�"R e-', '1 t.�, MAIM ROAD - STATE ROAD 25 SOUTHOLD, L i,, Kt.Y, 11971 • 4•,1:/4, - TELEPHONE (516) 765.180' ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 354 Application Da ed August 13 , 1986 TO: Marie Orig- oni , Esq. rAPpellant (s?'I as Attorney for MR . " GREGORY FOLLARI 218- Front Street ' ' " Greenport , NY 11944 At a Meeting of the Zoning Board of Appeals held on June 18 , 1987 , • ' the above appeal was considered, and the action indicated below was taken on your ) Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinanc Article - , Section [ ] Request for Variance to the Zoning Ordinance Article , Section [ X] Request for Appeal to Re-Grade Area Within 100 Feet of Sound Bluff, at Variance from Condition #2 of Appeal No . 3502 Rendered July 31 , 1986 Application of GREGORY FOLLARI for a Variance from prior Appeal No . 3507 rendered July 3T , 1986 to permit the regrading of area within 50 feet of the top of the existing bank/bluff along the Long Island Sound in accordance with N .Y.S . Department of Environmental Conservation Permit #10-86-1233 issued March 10 , 1987 . Location of Property : North Side of Sound Drive , Greenport, "Map of Section Four - Eastern Shores" Lot No. 117 , Map No . 4586; County Tax Map Parcel No . 1000-33-1 -15 . WHEREAS , a public hearing was held , and concluded , on April 23 , 1987~' n the Matter of the Application of GREGORY FOLLARI under A peal No . 3546 ; and WHEREAS , a said hearing all those who desired to be heard were heard and heir testimony recorded; and WHEREAS , t e Board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS, t e Board Members have personally viewed and are familiar with tie premises in question , its present zoning , and the surrounling areas ; and WHEREAS , t e Board made the following findings of fact : Page 2 - Appeal No . 3546 Matter of GREGORY `FOLLARI Deci s,i,on Rendered dune 18 , 1987 3. ,The s bject premises has previously 'been vacant and is presently-•-i ipraved with a single-family -_dwelling, constructed under:Bu-i ldi_ng 'Permit #15255Z issued September • 10 , 1986 , and pending at thi . time . 4. The s bject premises consists of a total area of 32 ,007 sq : ft. , lot width of 100 feet , and lot depth of 322 . 7± feet. The , sho test distance ' from- the southerly property line aldng Sound. Drive to the tap- o•f the bank/bluff area , as scaled -on the April 1 , 1981 survey prepared ' by Roderick Van- Tuy1 , "P.C. is . hown to be 195± feet. , - 5 . By - pr or action of this Board , appellant was granted permission to - ocate a- new :single-family -dwelling with a s- tback 'at its closest +ai n-t from 'the edge of the topof the bluIfflbank atJ.5 feet. Article XI , Section 100-119. 2 , subparagraph A 1 ) requires all buildings proposed on lots adjacent to the - Long Island Sound to be set back not less than one-hundr: d (100 ) feet from the top of the bluff or bank. 6 . Condi ion #2 of the Board ' s prior action stipulated as follows : - " . . . 2 . T ere shall be no disturbance of land area within 50 feet of the' top of bank, except for maintenance of vegetation , shrubs-, etc. . . . " 7 . In thz application, it is stated that without permission to e-grade this area, the property would be nearly worthless as w. terfront property. No evidence has been submitted as r-quired by the Courts to support this claim. 8. It is the position of this Board that it is the intent of 'Article XI , Section 100-119. 2 , subparagraph A(1 ) of the Zoning ode to prohibit any and all construction within 100 feet of the bluff; and that the relief condi - - tionally granted under the prior Appeal , No. 3502 , is an alternative to that initially applied for. Such condi - tions must be—adhered to . Construction commenced and has continued without consideration of possible alternatives for the dwelling construction during the process of this pending application . Removal of an eight-foot high berm in an area 50 f-et deep by 100 feet is extensive, and the existence of this berm area was relied upon in granting the prior variance, 9U . It is he position of this Board not to allow alterations -of his bluff area to remove an eight-foot (dirt) berm of an area 100 feet wide by 50 feet deep for waterview purposes , as ap + lied herein. In conside ing this appeal , the Board also finds and • ,9,344,F1.44; — •, i ' ,ch, • I . ' „4,-14 pplo,,k). * t...4,,...r....,—;..........0. , .i. :+1,,,iil ' I . , 1 2F'ler1 - • , (4-440 ,6) . fA, _ trii--131 , - - , ra ------,-,v,„,..,.....,.._,„ I , . s - - • ,.„...„ • • -- i . .. . • -,----:-------,,:„..,.....___,- .....4,_ . ,av .....------ - — , 4,L71\1,v.tyE::7 . . . ..6,- - . • . I . . ' . P9 . ix1.1 _A eq) F . 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' •• • •?,'_ •. • . • • • . •, • • '• ' I I •s I • ' : /\/ , • . , A. ' (LI,.1 1) • ' I • 1 . • •• • • ' • • • • • „ • I , • • • • 1''''''l Et11".4.7;2•::t.1.1 ,r4e) M.A A•ri I: ,tv- . • ' gr, - fEII/1LrIr+ +�� 1;11x41 � r • 41 C= i4 ! 3•� 2 r�ti n �- a �� ;.11 : F { � �t s�l- '�? .s ;• A�i"r �ry ,Nt5 MAIN ROAD'- STATE ROAD 2p 9oW7j1OL1a. 6..1.. N.Y. 11971 ri101 TELEPH,Oi\;E(5,1.6.765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3502 Application Dated April 28, 1986 TO. Mre Cl arence - W: - P'owel 1 , - as Agent [Appellant(s) ] ;for .Mr. '.GregOy 'Fd]l'art 380' .Ro.1 ins,or:- Road, Box, 3,1_ - Greenport, NY• 11944 "• _. -.:-Itta-itting of the Zoning Board of Appeals held on. Joy 31• •1 986 , the above appeal was considered, and the. action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ Xi Request for Variance to the Zoning Ordinance Article XI , Section. 100-119. 2 (A)[1 ] j ,3 Request for • Pi ;pIp E: ,e ^n' :•f ` ltEGORY 'FOLLARI for a Variance to the Zoning Ordinance;£ r - W74, Section 100-119. 2 for permiss-ign, to locate -ffewalwelling ii4t =1Orsnsufficient Setback from Long- Island Sound J15,1; : f. Location WID'rperty: North Side of Sound Drive , G•reen- ,' Ayrt , "',Mal) of Section Four-Eastern Shares "• Lot No . 117 , Map No . 458'6 ; `tinny Tax .M4. , Parcel. No . 1000-33-1 -15 'AlfE.YIZEAS, a mkilq hearing was held and concluded on June, 1-, ,, 19461, in -t;h,e,°?lti:at'te-r of tI ;°:`Application of GREGORY 'FOLLARI under Ap;pe�_a�1': Mo 3502 ; and '`rWHEREAS, tie=-board members have personally viewed and are far x4' ' r-Wi:-t;h the premises in questions its present zoning , ;an,d the su'^^o'tift i'ng .,areas ; and - WHER61'S-, `art t-.8.4'd hearing all those who desired to be heard were heard , and '-h Thr testimony was recorded ; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following finding's of fact: 1 . The premises in question is located along thesnorth side of Sound' _Drive , Greenport, is identified on the Suffolk Cotnty Tax Maps as District 1000 , Section 33, Block 1 , Lot 15 , and is more particuiar- lv referred to as Lot 117 . "Mao of Section Four-Eastern Shores , " i Page 2 -„Appeal No . 3502 Matter o'fi GREGORY FOLLARI Decision Rendered July 31 , 1986 southerly ( front) property line at 76 feet at its closest point , and with minimum sideyards• of 10 and 15 feet (as provided by the Bulk Schedule-Column "A" ) . 4. Article XI , Section 100-119. 2 , sub-paragraph A( 1 ) requires all buildings proposed on . lots adjacent to Long Island Sound to be set back- pot less than one-hundred (100 ) feet from the top of the bluff or bank . 5. As noted• in the June 11 , 1986- .Report received as requested from the Suffolk County Soil and Water Conservation District;_ it ' was noted as _ foilows : _ (a) _that -this parcel is vegetated with herbaceous and ;woody plant materials with -the general slope of the land to '',th& south ; (b) ' that the bluff face is well vegetated from approximately 12 to 15 feet below the top of bluff toe , which appears stable at- this time , which may be contributed to numerous large boulders along the beach. 6. It is the opinion of the board members that: ' (a) construction should be located as far back from the bluff's • edge as possible ; (b)_- water- runoff (including 'lawn -sprinklers , etc. ) be piped toward the south of the bluff, not to drain over the , bluff , areas and to reduce saturation of the bluff face ; (c)' no. al.teration of the- land within 50 feet of the bluff should occur. • In considering this appeal , the board also finds and determines : (a ) that sufficient practical difficulties have been shown -to warrant a granting of .a variance ; (b) the ' circumstances of the property are unique ; (c) there will be no substantial change in the character of the area or _ detriment to adjoining properties ; (d) the relief as stipulated below is not substantial in relation to the requirements ; (e ) the variance will not in turn case- a substantial effect of increased population density or be adverse to the safety , health, welfare, comfort, convenience and order of the -town ; (f) the - interests of justice will best be served by allowing a variance , as noted below. Accordingly, on motion by Mr . Sawicki , seconded by Mr. Douglass , it was _ RESOLVED, that a Variance for -permission to locate new single-family dwelling construction, together with all future deck• and pool areas , ' within 100 feet of the 'top of bank along the Long_ Island Sound, BE 'AND HEREBY IS 'APPROVED in the Matter of the Application of GREGORY FOLLARI , Appeal No . 3502 , SUBJECT TO THE 'FOLLOWING CONDITIONS : 1 . - That all construction (new dwelling , attached decks, -pool areas , etc. ) shall be permitted 'not closer than 65 feet from the top of bluff; Wptkr _,�`r �o * MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.1.., N.Y. 11971 � 30W TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3507 Application Dated May 2 , 1986 (Public Hearing May 22 , 1986 ) TO: Skinny Dip Pools , Inc. as Agent [Appellant(s) ] for Mr . Nick Theophilos P .O . Box 108• Mattituck , NY 11952 At a Meeting of the Zoning Board of Appeals held on June 25 , 1986 , the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section IX] Request for Variance to the Zoning Ordinance Article XI , Section 100-119.2 (A) . [ ] Request for Application of NICK THEOPHILOS for a Variance to the Zoning Ordi - nance , Article XI , Section 100-119. 2 (A) for permission to locate swimming- pool with deck and fence enclosure within 100 ' of bluff area along Long Island Sound , at 2200 Sound Drive , Greenport , NY; Lot No . 118 , Map of Eastern Shores , Section 4r County Tax Map Parcel No . 1000-33-1 -16 . WHEREAS, a public hearing was held - and concluded on May 22, 1986 in the Matter of ,the Application of. NICK THEOPHILOS under Appeal No . 3507 ; and WHEREAS, the board members have personally viewed and are familiar with the premises in question,_ its present zoning, and _the surrounding areas ; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded ; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning_ this application; and _ WHEREAS, the board made the following findings of fact: 1 . The premises in question is located along the north side of Sound Drive,__ Greenport , is identified on the Suffolk County Tax Maps as District 1000 , Section 33, Block 1 , Lot 16 ,_ and is known and referred to as Lot #118 on Map of Eastern Shores , Section filed \J Page 2 - Appeal No . 3507 Matter of NICK THEOPH•ILQS Decision Rendered June 25 ; 1986 VanTuyl , P .C . to be set back approximately 70 feet (exclusive of rear porch ) from the top of the bank , and approximately 57 feet inclusive of rear porch , at its closest points . 3. By this application , appellant requests permission to locate an 18 ' by 36 ' wide swimmingpool with a setback at its closest. point to the top of- bank at 23 feet. The pool as. proposed is shown to be an accessory structure at a distance 15 feet away from the dwelling, and centered .be:tlareen.L:-tbe:s i de - property lines . _Also proposed around the -pool are a three-foot wide wooden walkway ,. -which would be set back not closer than 20 feet from - its closest point to the top of bank, and a fence as. required by the. code .along the side and rear property lines . 4. Article XI , Section. 100,-f-19 .-2, sub-paragraph (A) [1 ] requires all buildings proposed on, lots adjacent to Long Island Sound to be set back not less than one-hundred (100 ) feet from the top of the bluff or bank . The board agrees that to locate the proposed accessory building- in compliance with this setback requirement would be placing same in front (to the south ) of the existing dwelling 5. It is the opinion of .the board members that : (a) the pool be located as far - back from the bluff edge as possible ; (b) any draining of the pool_ or . di.scharge not be piped over the face of the bluff. In considering this appeal ; the board also finds and deter- mines : (a ) although the _percentage of relief requested from the 100 ' setback requirement is substantial , the present setback is established at 57± feet , which is an automatic reduction of 43 feet; (b ) the placement of the pool at a - point not closer than 30 feet from the top of bank is not unreasonable and will not be detrimental to adjoining properties or change the character of the district; (c) the circumstances are unique ; (d ) the practical difficulties are sufficient to warrant a conditional . granting of a variance ; (e )-, the diffi - culty iffi - culty cannot be obviated by some method feasible for appell_ant to pursue other than a variance ; (f) that in view of the_ manner in which the difficulty arose and in consideration of all the above factors , .the interests of justice will best be served by conditionally allowing a variance , as noted below . Accordingly , on motion by Mr . Goehringer , seconded by Messrs . Sawicki and Grigonis , it was _ RESOLVED , that a Variance for permission to locate accessory swimmingpool with wooden walkway and fence enclosure within 100 feet of the Long Island Sound bank , BE AND -HEREBY IS APPROVED in the Matter of the Application of NICK THEOPHIL'OS_ under_ Appeal No . 3507 , SUBJECT TO 'THE FOLLOWING CONDITIONS : Pae 3 - Appeal No . 3507 Matter of NICK THEOPHILOS Decision Rendered June 25 , 1986 7 . There be no drainage over the bluff area of water (from the pool , irrigation , etc . ) into the Sound. 8 . All fill must be placed landward of the bluff • Vote of the Board: Ayes : Messrs . Goehringer, Grigonis , Douglass ; and Sawicki . This resolution was duly adopted . (Member Doyen was absent. ) * 1k • . • GERARD P. GO-E ' INGER CHAIRMAN June. 30,E 198.6 ' RECEIVED AND. FILED BY" TM SOUTH TOWN C 'DATE Ra //,`,52)44� .T6m21 Clerk, Tow- of 364:::44r:"1 , . _ _ - .4- • SUFF.c7.0. HEALTH ryzPv.APPR0VAL. ; . , ..OWNER: T•J r:r."---"%.11). LL,41 I I'-s\-•-.7..7,, ( , 1 . ...-. - 't t •-.......-!,-----.... 1 ',• i L- ......./ ; i.4;-..__2•.-..,,..."........., • ' . . ' • .:_ - • ' • .. . AREA) 3.:74353 - el.4:4-.(iv •r i'vzri e 1-..: ,1-•-•'..1-(1.2 kf : yoic .-7 E--, DEED' L. 73C..) P '38 7°c-{-`1 4- in LecLC i ' LONG F5LAND 501..1?-40 eci Meal7 H ii 41q •- i \ • .7a:t0-57E.. -- 11(3 1 --------- ; ..., .i., oil:11.40./.rr.t. _ —,-- D ---- / , .Z A (Te lin,e) , I DV , At„,9. 1955 . ..• 1 I , i I ' tv, ., • !.-- • LI. ,...., ..,..„ fq- ---, . - • - - • i • 61.1'\ ' Lki i 118 ' ,..,44'4'- tit (I 151 t. ,, •-• (;) 4/N.Ej;..., .41 ----IC \‘'.._•__} • q- ' z : -.... ..-• .7 ,_:_. . t :.'A,z•-701•1 -4),--4 ,"a....---. /' t_ ..• G., ie- • -4•• , -. :,•- , : 0 ‘•. 'e 4..z III . . . , . ..... 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SUFFOLK CO DEPT OF HEALTH SERVICES: • .- . •, n - 65€94Co It --ca,ii.,-;:?--.--If--T.:',to cf tig.et.#4 S 86) (s) • --..,.4/ - 7 - ,tts.-t.---.-J.-.,-2i--,fr-,....-,,-,--''"-...,.4,"-7-,•---•t--•-'"--.,-...•.-.4..„."0"1'4"1:1_--.'„.r*r-"*•.-7,".'.'1**--&7"-•-.':-•_''''',...4'_,-....:-,..*./,....,."4.f.:t7„404-.,'-.,.r.-._-7r.0'7 4, •-•""4- ,/•-('2- . .. ., .., APPCL'OI-7CUA,N- NTT Y- E &RrSERC'ES /FOR. D-ZAPTP'-1P-R., OV 54 / . a. CONSTRUCTIONONLY ,-,,AHL.E-.rA,FLOT•-v,rR .-..i...,, ._... ., .,, . . A!ik—rg 4-...-9--(7-' - '.:.. --1- I 4. . ,• _ ..---;,-..To:7..-4..:.'-.-.-2H1,A,..T.Z,,,6,,,174Pet,'••..;-,--0-",i2-.4••,,-7...'--•- ;- '',z'-•----,-'..,.--g. •t, - . FiZA-it1/411<•- k,'. 1-5-:.' P, r),,_ r -;.1• -lcJ ' ...... AHP:PSR. ROEVFED ac 1 . . . , 0. . . , ,.-..-.• ' .,, .• „_, ,„•,( . C : 41-14::.r SUFFOLK CO. TAX MAP DESIGNATION: 1/ '-_ S -4.1.- .. a - DIST. . SECT BLOCK - - PCL..: ' . . . I ././ , . 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' - " , - , • • to.,. - ,.--""..- . .. ..- ---C1C .' 16 , 199,51:::, r'-' \, .14 . .. - • Ni... , . . 0e,c:(2,17)=:-; l'-'' '`-7-.9' f‘''- . . - -- . . , . ni-,,• .- -1 -- Guararri-ee-al-7"-zs -- I / - --. <-;::.`‘ --5 • .:' : 'N:- -:- • ‘ ' . — .•'(.-Pi.:.-- --- • 0 .\ \ , - V.arTtif- re),--4. -eenT-4- .and- 7112 I .1 i / 4---- - ....-V- , ra'...5.11-,,,21-fierveeti 77le 1,-1.5.Cc,V-Al.Y. • . , - / • =.--:-,_----. • .f., ,--,• c_, ,, - .c; , . , -e-C) -"--7..., '•-- -;.,,•••••.,_ ' : s--":-.,_. a45 .-0'Urti -tit:'e -.oc 7t 745 19!z3.5 - •.4„ \GK.V.,44,. ,r,, ,/e„," '• /`C-, ' / ' - tfd1/4('-t.- • ! '',( . ,1,...„ -.'• RODERICK VAN TUYL,Pr,c. ' , -1-,-....„.......... ;--..„.„..,„_,...„„,..... E..-:'„ V...........-. -...r................r,,k: ::,:y.:,,---2- : •- . ,e. _• / . "_. • _ . LICENSED LAND SURVEYORS I . -.:LS 2-55'1:1, / 1 ----,. ."---,..„...... (-" -7: -t A,7_`,"f? .-- „ / ' / -.....,..,....„:. '',.., , " GREENPORT NEW YORK ............. , 1 FORM NO. 3 - sods PP NOTICE OF DISAPPROVAL ECE1VEDDATE: March 28, 2006 MAY 2 3 2006 MAY April 11, 2006 AMENDED: May 22,2006 TO: Patricia Moore a/c Manos 46113 51020 Route 25 ZONING BOARD OF APPEALS C U -'C-Q�J , - 00 Southold NY 11971 _:)p Please take notice that your proposed amendment, dated March 2, 2006 &March 15, 2006 For permit#31508Z, amending the plan to demolish the existing house and build a new single family dwelling at Location of property: 2000 Sound Drive, Greenport County Tax Map No. 1000 - Section 33 Block 1 Lot 18 Is returned herewith and disapproved on the following grounds: The applicant was issued a variance form the Southold Town Zoning Board of Appeals (#5730) on July 21, 2005, allowing a 65 foot setback from the top of the bluff, based on proposed additions and alterations. Following the amendment, calling for a new single family dwelling and an amendment relocating the accessory in-ground swimming pool to the rear yard,the new dwelling, including the new pool, will be+1-51 feet from the top of the bluff. Therefore,the proposed amendment is not permitted pursuant to Article XXIII Section 100- 239.4 A(1)which states; "All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank." uthori d S'gnature CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. afia l This Notice of Disapproval was amended on April 11, 2006 at the request of theZoning Board of Appeals and on May 22, 2006, following the submission of a new survey dated 5/22/6. .—fy,0 Z/5% it-tract cLa6 et4 ri7v41, .74 r s/o3/06 z.) FORM NO. 3 1914 NOTICE OF DISAPPROVAL 51-/ 3 DATE: March 28, 2006 AMENDED: April 11, 2006 AMENDED: May 22, 2006 TO: Patricia Moore a/c Manos 51020 Route 25 Southold,NY 11971 a� a�c.Q�oL-2 0� `s�22/a Please take notice that your proposed amendment, dated March 2, 2006 &March 15, 2006 For permit#31508Z, amending the plan to demolish the existing house and build a new single family dwelling at Location of property: 2000 Sound Drive, Greenport County Tax Map No. 1000 - Section 33 Block 1 Lot 18 Is returned herewith and disapproved on the following grounds: The applicant was issued a variance form the Southold Town Zoning Board of Appeals (#5730) on July 21, 2005, allowing a 65 foot setback from the top of the bluff, based on proposed additions and alterations. Following the amendment, calling for a new single family dwelling and an amendment based on a Trustees decision, relocating the accessory in-ground swimming pool to the rear yard,the new dwelling, including the new pool, will be+1-51 feet from the top of the bluff. Therefore, the proposed amendment is not permitted pursuant to Article XXIII Section 100- 239.4 A(1)which states; "All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from theijo s of such bluff or bank." dPro iz : - CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. This Notice of Disapproval was amended on April 11, 2006 at the request of the Zoning Board of Appeals and on May 22, 2006, following the submission of a new survey dated 5/22/6. OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalski(a Town.Southold.ny.us Jayne.MartinTown.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX MEMO TO: 7 1' - -o-LQJ q\ DATE: )/4_401_ 0L31 d�0 RE: G P C4-vttI cAtm:, -6-61t-7 AA-11_ 040-Q/0-1- ted- • JA--4-L-9-4-12 .1 OM p *)% tt---n ) SYLdS la - au)o c v 6 )1-0- 1-C;40 SURVEY Off--LL- T 120 .-' MAP OF "SECTION FOUR, EASTERN SHORES" N FILED MARCH 7 1'166 FILE No. 4586 SITUATE: el" IPORT TOWN: SOUTH-TOLD W I E SUFFOLK GOUNTY, NY I� SURVEYED 01-15-02 S SUFFOLK COUNTY TAX # ' V 1000-33-1-18 50\314 CERTIFIED TO: �' \\V � I ''\\ �1G 15 PETER MANOARLENE OSS LO � 1�Q. - r 9'4211 N& PNM ) izel4E \Ne pap 9/ -- - --'" 0U1��EPD yN�130o ------ ,---..-ii,--- II------____-;---_:— -- _ 16 TOS - - Rt„-t5)::: 2----,-----------_--------2-c1):_"-----:-------_-__ - 1. --- -2'2-26 -- ------ -_-- - - ------_:4-;�"-of ----s,_3---------------- - 4 - - -- - ---- ------'--- -- •_ i' k`t l- 45 #R - ------------- ------- ---- - - ' . % ; #R ` ` *. ---------- -"---------------6, ,� , ** ek:u-Vey---` 0 t4 :- i'OP -EBF- 0� 0 y ��',� ONPA--'" , IGOP5T .1-g Ev_soN�_ r 0 PyO"K( P,,,i3OM q 14.\ 5 0Cz 6. --z' T 0 > 2 SORE F"e 'i01. 1 S . 'a„LNE lk ‘. t) `\6�, Pyo"¢'f '¢( MASON v L�1 MaS(3DP5 MPy'' MASONRY WALK �� 1�L ' 1\' 46 - n ' ------- ----- 2 73 'l1'' 120 V% # a 119 # --44.. my -- ' # '� -------42 �.%‘c NtDG� . ' �- '"p CER MESER ft- 1001 Li ,/,',? - 0 q 0 c 0 ke 0 �"`6v 410011. ��OfNEWY �.r,P 0N44 C. Ey(4 O NOTES: '..� "�+ `r� '1Mwthorized arteratlon or oddmon b e survey 1 ` ° 'C = map bearing a Ilcensetl tand surveyor§seal Is o T i ��' violalbn of se Nen ark tate E islon to of Ne • MONUMENT FOUND `�� jjj��� }/1 Nen York State ewccgc^I-m+• {(;�}y,RE = 28,884 SF OR 0.66 ACRES _.. - --- 'GEHL ANNOTATED FROM NYS DEG COASTAL EROSION HAZARD ‘44:1:46' M ' ,rvcy`Certifications Indicated h nisted her oncenlN that%is 1 Iseing Gode of Pracllce For Land Surveys adopeetl AREA MAP, TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK LAND -/ :,`hmtl"z," 5t �=rafications rol r PHOTO No. 53-565-85 SHEET 13 OF 4q Ne penaa Pa wom No survey Is preps e mid ge G9 behalf di the stele compamy Lr eat agency m,d:Ah msd;L'usted Fere end to Ne osslgnce9 oP W leridhg WIItuGon LertlFiw- FLOOD ZONE L INE AS ANNOTATED FROM FIRM MAP NUMBER aM a e stat an�ferabte addtb ml hstllutlo H 3610360157 G DATED MAY 4, MSS JOHN C. EHLERS L II, .,',I I " SURVEYOR ELAVATONS SHOWN REFERENCE NGVD12q • 6 EAST MAIN STREET N.Y.S.LIC.NO. 50202 4PH I G SCALE Ill= 30' RIVERHEAD,N.Y. 11901 369-8288 Fax 369-8287 REF.\\Hp server\d\PROS\02-105.pro PATRICIA C. MOORE Attorney at Law 5 51020 Main Road Southold,New York 11971 RECEIVF,D. Tel: (631)765-4330 Fax: (631)765-4643 MAY 1 1 2006 Rol (#6,17 Pj- ma-d-d) Z WING BOARD OF APPEALS May 11, 2006 Zoning Board of Appeals Town of Southold Main Road PO Box 1179 Southold NY 11971 RE: ARLENE & PETER MANOS SCTM: 1000-33-1-18 HEARING DATE: MAY 25, 2006 Dear Chairman: With reference to the above and based on the Trustees hearing, I am enclosing seven (7) copies of the plan showing the revised location of the house. Thank you. Very truly yours, Patricia C. Moore PCM/bp encls. N _14:C2P2ZgLicerigtb:::" I . .1 , 7211 .21 -- ?e-0-421---s- -;,-, i , _ -..... -.. arziur AisziE-7z 'EEE .._.. ..._ EOMa Ve...- --•••••.... ..........__.........- 1..... t , ' = ' i. 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LN4i.Vos_ PA . )42T7 --c-,- -ioylesybcr. :=_.4Rae-Atxr-rs 1 1 -__7_c,„,:sa-- --a -t.-. r--/•-/ ,' 1 I . „Ret;:____ ,__,p, • 1 -.sifi- ii -vi) -.737C7c7. 7-::--7-. 1 04/11/2006 10:16 6317659 4 ZBA PAGE 02 pry, FORM NO. 3 NOTICE OF DISAPPROVAL , DATE: Marsh 28,2006 TO: Patricia Moore a/c ManorNDFDc April J.2Op6 51020 Route 25 Southold, NY 11971 Please take notice that your proposed amendment,dated March 2;2006&March 15, 2006 For permit#31508 amendan o d olis dwelling at �1e eXx5t1]] house an wild a new single family Location of property: 20Q0 Sound Drive,Or'eenpop County Tax Map No. 1000-Section,33 Block 1 Lot 18 Is returned herewith and disapproved on the following grounds: Th a• 'limit was is. e• a varianc: fo the outbold o Zo 'n Board Jul 21 200 f owing a 65 foot set from the to the 61 bad on•p oposed add bions al a atia s, �. -,----- — Following the amendment calling for s new sin le f m'new roan le xl dwelling the rw dwellirtg�includi the –--_ onti wl be 51 et orn the top_oI thjJuff. Therefor the ro osed a e dment is n emitted rsuant to Arti a XXIII Sgetlon 100. 239.4 MI) which state% " 11 buildin located on ots ad'acent to sounds and upon which there'exists a bluff or ba,k andward of the s#ore or beach : I all be set bac n't f= er than #ne hundred[1.00) f et to# ofsuch blub ." didiosr A,uth• ized Sign–•' ._ re CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. • This Notice of Disapproval was amended on April 11,2006 at the request of the ZBA,_m,, 4 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 `J I �3�7 Tel: (631)765-4330 Fax: (631)765-4643 April 7, 2006 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall 53095 Main Road Southold, NY 11971 s?1?pi "r •�a.t1r1 2�a ..r Re: Arlene & Peter Manos APR 1 7 2006 1000-33-1-18 Dear Chairwoman and Board members: ZONING BOARD OF APPEALS Enclosed is an application for a variance from the top of bluff. The ZBA granted approval for renovations and additions, however, during construction the foundation had water damage, was unsound, and the builder demolished the existing structure. The same plans and site plan for the reconstruction are requested. An original and 6 copies of the following documents are included for your review: 1. Notice of Disapproval 2 . Application and accompanying documents 3 . Site Plan previously reviewed by this Board in appeal #5730 on July 21, 2005 . The only difference is that the house is to be reconstructed "in place" . 4 . Building plans 5. Property will be staked prior to your inspection. 6 . Tax Map 7. LWRP If there is anything else you need please do not hesitate to contact me. Ver ,_---r : yours, (—::: ricia C. Moore PCM/mr Encls. APPLICATION TO THE SOUTHOLD TOWN BOARD OF 'PEALS APR 1 '� 2006 For Office Use Only 59 92 Fee: $ Filed By: Date Assigned/Assignment No. ,;•® ®F APPEALS Office Notes: Parcel Location: House No. Street Sound Drive Hamlet Southold SCTM 1000 Section 33 Block 1 Lot(s) 18 Lot Size 28,884 s.f. Zone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 3/28/06 A,r.e,, V//1/a Applicant/Owner(s) : Peter &Arlene Manos Mailing Address: 200 Central Park S, #F5, NY, NY Telephone: 212-382-6103 NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Patricia C. Moore Esq. Address: 51020 Main Road, Southold NY 11971 Telephone: 631-765-4330 fax: 631-765-4663 Please specify who you wish correspondence to be mailed to, from the above listed names: 0 Applicant/Owner(s) 0 Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 3/15/06 FOR: ❑ Building Permit (65 foot setback to top of bluff) ❑ Certificate of Occupancy 0 Pre-Certificate of Occupancy ❑ Change of Use ❑ Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article IIIA Section 100-239. 4 Subsection(setback from top of bluff) 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 ❑ Reversal or Other A prior appeal 0 has 0 has not been made with respect to this property UNDER Appeal No. 5730 Year 2005 . (Same plans proposed-new foundation required demolition of existing residence.) J Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The same plans are before the building department as were originally submitted to the ZBA, however, during construction the builder found that the footings were inadequate. This required a new foundation plan. The builder demolished the existing structure because the new foundation was required. Previous plan to remodel existing structure was replaced by the builder. The existing structure was too costly to renovate, new construction was recommended by the builder due to the inadequate existing conditions. The original plan required the builder to shore up the existing structure. The new house is to be located exactly where the existing house was located. The house is in line with the neighboring house to the east and west. The development of this community has been well established and the homes are developed with a common setback. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The builder unilaterally decided t'o demolish the existing structure believing that it was the proper construction method. The footprint of the existing structure, as approved by the ZBA with the new porch and additions on the landward side of the property. (3) The amount of relief requested is not substantial because: The new structure is in the exact same footprint of the original structure. The location of the proposed and existing homes were developed with a common setback, the adjacent residences are located in line with the Manos residence. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: No overall change will be made to the property- if the access remains as a flag, the exchange in location will not affect the overall size of the property. If the access is made a right-of-way, then the area of the right of way is added to the Perillo's improved lot and the buildable area of the waterfront lot remains the same (ROW area is not included in waterfront lot area calculation under current code). There is no net change to the existing properties. (5) Has the variance been self-created? ( )Yes, or (X)No. If not, is the construction existing, as built? ( )Yes, or(X )No. The ZBA granted approval for additions to existing residence, the house has been demolished and the owner wishes to rebuild exactly what was previously on the plans. The only difference is that new foundation is required for entire house and that the materials used for the house will be new lumber rather than shoring up the old lumber. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) The proposed garage on the west side of the property necessitates this request. The garage could be located on the east side but it would adversely impact the easterly neighbor. Mr. Perillo and his neighbor have known each other for many years. It would not be a "neighborly" thing to do (change the character and historic development of the neighborhood) even though it would comply with the zoning ordinance. This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS . (Please consult your attorney.) Otherwise,please proceed to the signature and notary area below. G.� Signature of Appellant or Authorized Agent 7-/f (Agent must submit Authorization from Owner) Sworn to before me this day of /9_ (2_,/ , 200 a. . 7'1 :e, /(� (Notary Public) MARGARET C. RUTKOWSKI Notary Public,State of New York No. 4982528 Qualified In Suffolk County Commission Expires June 3,...,z1/2Q 7 APPLICANT'S PROJECT DESCRIPTION • (For ZBA Reference) Applicant: M_UM O S Date Prepared: L -7- O Co I. For Demolition of Existing Building Areas Please describe areas being removed: 46v 4- Guockcttrenn o L s A 12_0. c-o-ns Int c c+ i v� 1Gt ri c1 /r h r3'race_ ens_ -p rem(DLLs —c s-ft/y;(1 p law) II. New Construction Areas (New Dwelling or New Additions/Extensions) -c•-t6 4-6i tVS 600 `l Fr Dimensions of first floor extension: c �Qc 1,9 g''( set F • +/ Li-t art 6 ti2' sl m-74-5 Q-°cle 5 74 -•i" Dimensions of new second floor: coor qf3-14 � q- -f llern ?e (440Z) rvoFj wait 3 G Dimensions of floor above second level: Height(from finished ground to top of ridge): a? I `(r�-i- 3` c2 Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: \'..e.s - . ' ee re c-- (s{v`''c I o c c{1 or 1 C{ -}Tj p Loki C�-euced L4)c v oP0.Mctok2,a III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: a-44.-e- 014 ree-0 ft-v t e_e t-ci 2-fa l-} I r $-7 2ac�S' 6 ix i- nEno h e_A_A.) (1116/*C-V c cai-4 c{ flit..Jpu re-ICL 'Cl9-r Number of Floors and Changes WITH Alterations: • IV. Calculations of building areas and lot coverage(from surveyor): !' Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: age g-Ecy- sR Percentage of coverage of your lot by building area: 07 V. Purpose of New Construction Requested: nuc t, G-•vnckca 014 Une7t,rIct W car- dcvn►c qe -- v l era Cacc_vii vt{ - Pic cs.i--rA;11 cL LU rcc(AMA n.(51,1 s vd- erg (a.,1-(/L +1/i041 e• VI. Please describe the land contours (flat,slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): `Cecc-r1.1-- 5a./rn,2_ �e-f-Gac k as Iry wI d /'ri A a.p_e-f A r r9-Y1 5 7 -3e-3 Lo 6— Please submit seven(7)photos,labeled to show all yard areas of proposed construction after staking corners for new construction),or photos of existing building area to be altered(area of requested changes). 7/2002; 2/2005; 1/2006 L., Ma --C I • QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION N A. Is the subject premises listed on the real estate market for sale? ❑Yes j No B. Are there any proposals to change or alter land contours? O Yes XNo C. 1) Are there any areas that contain wetland grasses? Lov c Ic144,4 Sovn.,1 2) Are the wetland areas shown on the map submitted with this application?,} 3) Is the property bulkheaded between the wetlands area and the upland building area? Na 4) If your property contains wetlands or pond areas, have you contacted the office Q the Town Trustees for its determination of jurisdiction? yes Please confirm status of your inquiry or application with the Trustees: 44��,.,� A r-t_i I L' D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? tiJ� E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? A/o (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) - Oemnitsiane9,) F. Do you have any construction taking place at this time concerning your premises? Yes If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: eXtS1-vYL "{@Use s (Jetnc fegtj&f _ 4r e (.4.e& G. Do you or any co-owner also own other land close to this parcel? ND If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel fl .uj aultillku — 6ctin ' 1"Yi�fi and proposed use d- (exa •pies: existing: single-family; proposed. same with garage) A. • : "zed Signature and Date 2/05 // „ 1 APPLICANT • i RANSACTIONAL DISCLOSURE FORM I' • 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 necessaryke whatever action is to avoid same. YOUR NAME. Pkv- Ay I@vi-e i i akctvIc& / 7ct,'fl(•ctia C ►►I 60-r (Last name,first name, middle initial, less you are applying in the name of someone else or other entity, such as a company If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Xi Change of Zone Approval of Plat Exemption from Plat or Official Map 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 5% of the shares. YES NO X 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 that relationship between yourself (the applicant) and the Town officcr or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer, director, partner, or employee of the applicant, or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 7' .•y•f 747)-2,2_, X40 Signatu Print Name: ieza /72 e 7-e-/ a er."-ewc7 APR-07-06 09:13AM FROM-RAINBOW "`! 212 - T-746 P.002/002 F-9T1 To: Southold Town Zoning Board Southold Town Building Department Suffolk County Health Department Any and All State, County, Local agencies, as necessary Re: premixes at SCTM#ld00-33-1-18 The undersigned hereby authorizes my attorney, Patricia C. Moore, and her agents to submit any and all applications which may be requited in order to obtain a building permit to construct the proposed residence on the above referenced parcel. Arlene & Peter Manos B C Z / 2amLi Y� Arlene Manos Town Of Southold - P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 04/19/06 Receipt#: 4511 Transaction(s): Reference Subtotal 1 1 Application Fees 5893 $400.00 Check#P 4511 Total Paid: $400 00 Name: Manos, Arlene & Peter 200 Central Park South Apt 5g N Y, NY 10019 Clerk ID: MICHELLE Internal ID 5893 I°.�� QF S®(jj- ELIZABETH A.NEVILLE Town Hall, 53095 Main Road TOWN CLERK 4g 4gP.O. Box 1179 c� Southold, New York 11971 REGISTRAR OF VITAL STATISTICS G MARRIAGE OFFICER ,Q �� ,1 Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER :®l� ��� Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER ' C®U +��o" southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 19, 2006 RE: Zoning Appeal No. 5893 Transmitted herewith is Zoning Appeals No. 5893 of Peter & Arlene Manos -the Application to the Southold Town Board of Appeals. Also enclosed is a letter from the owners giving authorization to Patricia C. Moore to act as their agent, a letter from Patricia C. Moore to the • Z.B.A., a Notice of Disapproval, Applicant's Project Description, Questionnaire For Filing With Your Z.B.A. Application, Applicant Transactional Disclosure Form, LWRP Consistency Assessment Form, a Findings, Deliberations and Determination of June 3, 2004, a Findings, Deliberations and Determination of July 21, 2005, a Tax Map, Site Plan, a Supplemental Basement Replacement Drawing, Foundation Plan,Floor Plan, Second Floor Plan, and Elevations. Office Location: tio���O Co Mailing Address: Town Annex/First Floor,North Fork Bank ` y Z $ 53095 Main Road 54375 Main Road(at Youngs Avenue) t P.O. Box 1179 Southold,NY 11971 V4 t0-/ Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 September 11, 2006 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5730 (Manos, Peter and Arlene) Action Requested: Bluff Setback Within 500 feet of: ( ) State or County Road ( x ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures 1111) 5210-44 - Kowalski, Linda From: 'T System Administrator '29--) To: Terry, Mark ,` Sent: Wednesday, August 30, 2006 12:41 PM Subject: \, Delivered:33-1-18 ZBA Appeal LWRP Manos Your message To: Terry, Mark Cc: James Dinizio(Jim@JamesDinizio.com);Jerry Goehringer(Gerard.Goehringer@co.suffolk.ny.us); Leslie Kanes Weisman (weisman@northfork.com); Michael A.Simon at harvard addr(Michael A.Simon); Ruth Oliva(Olivahummybird@aol.com) Subject: 33-1-18 ZBA Appeal LWRP Manos Sent: 8/30/2006 12:41 PM was delivered to the following recipient(s): Terry,Mark on 8/30/2006 12:41 PM afr_j_ 5e6 0,, _ _74 Zwj( h . T7 /4-e,-1- t-7-e.„A_a_,-, `173/ a (_(--1 r r r'1 C Kowalski, Linda From: Terry, Mark To: Kowalski, Linda Sent: \ Wednesday, August 30, 2006 1249 PM Subject: • Read: 33-1-18 ZBA Appeal LWRP Manos Your message To: Terry,Mark Cc: James Dinizio(Jim@JamesDinizio.com);Jerry Goehringer(Gerard.Goehringer@co.suffolk.ny.us); Leslie Kanes Weisman (weisman@northfork.com); Michael A.Simon at harvard addr(Michael A.Simon); Ruth Oliva(Olivahummybird@aol.com) Subject: 33-1-18 ZBA Appeal LWRP Manos Sent: 8/30/2006 12:41 PM was read on 8/30/2006 12:49 PM. 1 FROM : NRCS/SWCD Riverhead ) PHONE NO. : 6317273160 Jun. 21 2006 01:09PM P1 , Wof\ Suffolk County Soil & Water Conservation bistrict 0 � 423 tariffing Ave,Ste 110' �. N Riverhead, NY 11901-3398 liplid r.• a (631)727-2315 x.3 •,'0 (631)727-3160 fax .ac_• to P/Ii-Pit)(/119/DFAX TO: Southold Town Board of Appeals DATE: 6/21/2006 ATTN: Chairwoman Oliva FROM: Nicole Spinelli FAX: 631.765.9064 RE: ZBA#5893,Manos #OF PAGES INCLUDING THIS ONE: 5 COMMENTS: Attached is the evaluation for the Manos property,hearing to be held 6/22. APPEALS BOARD MEMBERS ,1,1"c SU(/jk;_ Mailing Address: Ruth D. Oliva, Chairwoman 0 Southold Town Hall '` 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer * Southold,NY 11971-0959 James Dinizio,Jr. : y 3 Q Office Location: Michael A. Simon -(e SII Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman = Cour w;01 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809•Fax(631)765-9064 May 31, 2006 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. 5893 (Manos) Dear Mark: We have a revised application for a proposed swimming pool to be constructed seaward of revised house location on property adjacent to the Long Island Sound, and shown on the enclosed site map. The public hearing on the above variance application is being held on June 22, 2006. A copy of the area map is also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, RUTH D. OLIVA � ' By: 31\tip OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.KowalskiTown.Southold.ny.us Jayne.Martin a(�Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX MEMO TO: �� i ) -6�- e, Oct DATE: 7)/1-1_ / 2-6 ° di-rtY.3 RE: ,Y4- ---��/ — Z-64-3,t z-e, "1-€7°— 47' A-crt-dt' P/t4 72-14-84 -6747-74 _ - _ez, f 3c14. ) OFFICE OF ZONING BOARD OF APPEALS ( c Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex-NFB Building, 54375 Main Road at Youngs Avenue Southold, NY 11971-0959 Emails: Linda.Kowalskie.Town.Southold.ny.us Jayne.Martin(a.Town.Southold.ny.us Lucille.Cappabianca(a.Town.Southold.ny.us http://southoldtown.northfork.net (631)765-1809 (ext. 5012, 5011) fax(631) 765-9064 REPLY FORM DATE: Mail /�Z06 4 TO: J a mIL-77-112-12-) Fax# 76 S- itS 513 C�d i .6 iia -a-e i D9. ZBA File# !. - ='1Ol1 i ., 5-dc3ht( Date of Buildi Inspector Notice of Disapproval: ! - • �. (14—The application is incomplete for the reasons noted below. Please furnish seven (7)sets of the following by mail or by hand delivery.Jhan�yo� -lT"` 1�-�?,, ( ')-The map submitted does not match the information on the Buil ng Inspector's Notice of Disapproval. Please submit the amendments dated 5/1/0 1p directly to/9/04i2a.0 ,Xhe Building Department for review. If an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. (\1} Missinginformation: 11- : O '' ER/INFORMATION REQUESTED 7 sets with cover/transmittal sheet when submittin : 9 l''� X ) Lip,rliif o-- � ,d�.� 2, -a-e -kall- nem / 4 ioll ( Filing fee is $ ; Amountdue (please mail): Amount aid was: vD "` LW 11° rn' andw /2 / ed .¢.vi.Q.tl7 J a.t�". 7fre� 14:3 -r►fr) ( )' Available survey showing existing property/building details,with licensed surveyor information. co-i "-;1474, ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas,setbacks to property lines, and building lot coverage calculations. ( ) Rough diagram or sketch with building height data (#of stories and distance from ground to top of ridge (and mean height, if known); ( ) elevation from all sides; ( ) landscaping in area of construction. w - ao neartetawe 9h (oLetter confirmingstatus ind atereview by involved agencies for presubmission sion mments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-230-4), and copies of deeds dating back to creation of original lot lines for the property in the unmerger request. V-r( .014 i / _ /. ' I __.i! I Thank you. i APPLICATION TO SOUTHOLD TOWN ZONING I RD OF APPEALS ' For Office Use Only Fee:$ Filed By: Date Assigned/Assignment No. Office Notes: Parcel Location: House No. Street Hamlet SCTM 1000 Section Block_Lot(s) Lot Size Zone District I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: for Applicant/Owner(s): Mailing Address: Telephone: Fax: NOTE: If applicant is not the owner,state below if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Address: Telephone: Fax: Please specify who you wish correspondence to be mailed to,from the above listed names: ❑Applicant/Owner(s) ❑Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ❑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 and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article Section 100- 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 El Reversal or Other A prior appeal❑has ❑has not been made with respect to this property UNDER Appeal No. Year (for current and all prior owners). • „ in Name of Owners: %ppeal No. ' REASONS FOR APPEAL(additional sheets may be used with applicant's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: (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: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or ( )No. Does this variance involve as-built construction or activity? ( )Yes,or( )No. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Signature of Appellant (Agent must submit written Authorization from Owner) Sworn to before me this day of ,20 . Notary Public 1110 TRANSMISSION VERIFICATION REPORT TIME : 05/26/2006 15:45 NAME : ZBA FAX : 6317659064 TEL : 6317651809 SER.# : BR0J3J726019 DATE,TIME 05/26 15:41 FAX NO./NAME 97654643 DURATION 00:01:07 PAGE(S) 02 RESULT OK MODE STANDARD ECM ��. Ad&ez-frt-ey-Jai, /rte 11P ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net June 1, 2006 Re: Town Code Chapter 58 — Public Notices for Thursday, June 22, 2006 Hearings Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before June 8th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other , request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. ,If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. tro AND before June 9th: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2) Before Junel4th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for at least seven (7) days and kept in place till the hearing date. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting at the meeting, or mail it to us by June15. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff �Q�. aQ,a,o Ends. ne er C m.41 • OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex-NFB Building, 54375 Main Road at Youngs Avenue Southold, NY 11971-0959 Emails: Linda.KowalskigTown.Southold.ny.us Jayne.MartinaTown.Southold.nv.us Lucille.Cappabianca a Town.Southold.ny.us http://soatholdtown.northfork.net (631) 765-1809 (ext. 5012, 5011) fax(631) 765-9064 REPLY FORM DATE: a.); 02-0 v TO: . �'1 U- , e2iy Fax# 4 3 ZBAFile# . t 3 - Q- 1�'1Q— A-a ' Date of Buildin Inspector Notice of Disapproval: 44 The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the following by mail or by hand delivery. Thank you. V)The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the atnencinWedateda 4 directly to3, the Building Department for review. If an amended Notice of Disapproval is issued, please furnis seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. ( 0 Missing information: OTHER/INFORMATION REQUES' D (7 sets with cover/transmittal sheet hen submitting) ( ) Filing fee is $ ; Amount due (please mail): Amount paid was: ( ) Available survey showing existing property/building details,with licensed surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. (A Rough diagram or sketch with building height data (# of stories and distance from ground to top of ridge (and mean height, if known); ( ,/) elevation from all sides;,�(>CL[andscaping in area of construction) p� a ux /o ,�" _�e ( ) Letter confirming status and date of review by other involved agencies -for presubmission_ - comments, or copy-Of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for the property in the unmerger request. (x) 7 C n 1� � _A Thank you. PATRICIA C. 4. Restricted Delivery? 3.Service Type 51020 NAIN ROAD „ 7 ', (Extra Fee); 1=1-Yeq I CERTIFIED SOUTHOLD 'NYi 11971 • 2. Article Number 7192 6463 3110 0000 1185 cOMP1ETE THIS SECTION'ON pELIC/ERY A. Signature Addressee or CI Agent 05:,>•••"-----.11111111_1111111111111111111111111IIII 617.. B. Received ByPIease Print Cie,rly)1> 61 C4.1 , 1, • 9 2 6463 3110 0000 1185 ,Z •1 C.Date of Delivery \I -......JArtkeia, ddressed To: D.Addressee's Address(I/DifferentFromAddressUsedbySended _ AREV:e" CHER P ELI S — 18 -BEVERLY ROAD DOUGLASTON NY 11363 Secondary Address/Suite/Apt /Floor(Please Print Clearly) Delivery Address Ii fl Citc—ss. 41, , . \ ' UNITED STATES POSTAL SE.R:Yi,,,IP. E r'st7Cl's's Mail 1 Postage &'Fees Paid USPS a ' Permit No. G-10 0 . 0 0 EL ; m r- m RE: MANOSZBA HEARING PATRICIA C. MOORE , .4- 51020 MAIN ROAD ' . 0 SOUTHOLD NY 11971 1 , .J..- ' 4'6 . 0 I . . 2 i , rY S ' 2 IM111111111111,iiiiiiiiiiiiiill 111111m11111 I ti PATRICIA C. MOORE 4. Restricted Delivery? 3.—Service Type , 11 51020 MAIN ROAD, , t : = t. ; (Extra Fee),❑Yes t CERTIFIED SOUTHOLD NY -11971 2. Article Number• 7192 6463 3110 0000_ 1192• II COMPLETE THIS SECTION ON DELIVERY �A..Signature -(ClAddressee or❑Agent) 11111111 1111 1111111111111111111111111 B. Rec ved y (Please Print Clearly) ,7192 6463 311 0 0000 119 2 C.Date of DelivY20/'o6 • 1c;Article Addressed To: D.Addressee's Address(Boit/emntFmmAddress l/sedbysender `D E M E T R I O S P A P A G I A N N A K I S & WIFE 2100 SOUND DRIVE GREENPORT NY 11944 Secondary Address I Suite/Apt /Floor(Please Print Clearly) Delivery Address CRY State ZIP+4 Code I, I • UNITED STATES POSTAL SERVICE First-Class Mail ,\ Postage & Fees Paid USPS Permit No. G-10 'i 0 o r I U `v- z RE: MANOS 'ZBA HEARING 1 PATRICIA C. MOORE - 51020 MAIN ROAD Lj a SOUTHOLD NY 11971' : wm f f I111II111IIIII11I111I111II111III 1, liiiir ml11111tLulltintitilsiit;itilitlit1'Ililltttt;Iliti L F PATRICIA C. MOORE 4. Restricted Delivery? 3.Service Type 51020 MAIN ROAD (Extra Fee) ElYes CE 'T'IRRED SOUTHOLD. NY 11971 - -- 2. Article Number • 7192 6463 3110 0000 1208 ' 4tOMP,I1ETE THIS.SECTION'ON; 'EL'I.VERY D A. S/n I (DA;dress �ent) I IIII I111111111111111111111 • B. Received By (Please Print Clearly) 7196a'h��3''31,\ 0000 1208 • C.Date of Delivery ..s.//z9 / / 1. Article Addressed To: \ [/ �(1J .-----,"6. 1 A D.Addressee'sAddress(f3,9r erentFroAddressUsedbySende, A N D-R7 I W S� hi tollv U L I D I E & WIFE X167-04 14TH ROAD ,;P+ BEECIH.H'U J NY 1,1 7 Secondary Address/Suite/Apt I Floor(Please Print Clearly) --- - ;. � ISI 31`j Delivery Address City State ZIP•4 Code - - , UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 0 0 0 LL RE: MANUS ZBA HEARING PATRICIA C. M00RE 51020 MAIN ROAD a SOUTHOLD NY 11971 0 0 N a 8 a , _ • ! PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel (516)765-4330 Fax.(516)765-4643 May 23, 2006 Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: ARLENE & PETER MANOS SCTM# 1000-33-1-18 Hearing Date: MAY 25, 2006 'Dear Chairman: - Enclosed please find -Affidavit-=, of Posting together with green CertifiedMMail Receipt 'cards received as ' of date for the above referenced matter. ; 1 ; ' , Thank you. Ver, truly yo 4' PATRICIA l •OR - y Bets °r•rkins, LA .a bp ir Encls . • ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK x In the Matter of the Application of AFFIDAVIT OF SIGN ARLENE & PETER MANOS POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-33-1-18 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at 370 Terrys Lane, Southold, New York, being duly sworn, depose and say that: On the/6 day of May, 2006, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, MAY 25, 2006 at 1:35 p.m. RICIA C. MOORE Swor o before me this cz .ay of May, 116 I itir N.tary Publd BETSY A.PERKINS wry Public,State of New Yq* No.01PE 8130836 at/alined in Suffolk Courtly Commission Emma July 18, ''' *near the entrance or driveway entrance of the property, as the area most visible to passersby. 4 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 440\3Tel (516)765-4330 Fax.:(516)765-4643 ff May 12, 2006 Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: ARLENE & PETER MANOS SCTM# 1000-33-1-18 Hearing Date: MAY 25, 2006 Dear Chairman: Enclosed please find Affidavit of Mailing with Certified Mail Receipts for the above referenced matter together with copy of neighbor letter. Thank you. Ver truly y• Jrs, I "ATRIC ' . MORE By Bet- Perkins, LA bp Encls . _1 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK x In the Matter of the Application of AFFIDAVIT Arlene & Peter Manos OF (Name of Applicant) MAILINGS CTM Parcel #1000-33-1-18 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the9bl day of May, 2006, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. /Ai 1 BETSY 'i' I S (Signature) Sworn to before me this day of May, 2006 (Notary Public) PATRICIA C.MOORE Notary Public,State of New York Suffolk County-No.486161 Commission Expires June 16, PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. MANOS 1000-33-1-18 3. NEIGHBOR LIST A ,.,SMA%L? ; 1 ARETI CHERPELIS 18 BEVERLY ROAD I RE: MANOS ZBA HEA''.NG DOUGLASTON NY 11363 7192 6463 3110 0000 1185 SCTM: 1000-33-1-19 IIR DEMETRIOS PAPAGIANNAKIS & WIFE CERT/ Ol[ 2100 SOUND DRIVE 'I RE: MANOS ZBA =i=ARING GREENPORT NY 11944 1 7192 6463 31104 0000 1192 _ 1 SCTM: 1000-33-1-17 ANDREW STAMBOULIDIS &WIFE - GERT/F/fED-MSA/L ; - - - -- — — -� I[ 167-04 14TH ROAD ` _ RE: MANOS ZBA HEARING BEECHHURST NY 11357 SCTM: 1000-33-3-1 1 7192 6463 3110 0000 1208 RECEIPT I I RECEIPT I I 7192 6463 3110 0000 1192 i RECEIPT 7192 6463 3110 0000 1185 7192 6463 3110 0000 1208 FROM. 1i FROM: Patncia C Moore FROM' Patricia C Moore RE MANOS ZBA HEARING Patricia C Moore RE MANOS ZBA HEARING I RE MANOS ZBA HEARING • ,:q f I Ir SEND rs, e71 °xi , I SEND •% '1 --- t a b OtSpAPAG I SENp' .10,- --. ARr")C• RPC V' f ��I I 'OUN RIVE D' S�A BOOL 018.8VV 18:�•. RLY RAY NPOR 11944 `i4 14T OAD 0II:Z1,•STON1811363 �' I. :•ia- HHURSTaNY11357/� l�. 0, / r I FEED 76 0� FEES: 0 '� \) •ti tt,, Posta�7 5 039 FE d Postage 74 A®may 2 x Certified Feel n O -2 40 f Pos ¢' C 0 39 Certified Fe' ,/ 2 40 I f Return Receipt 1 85 Certrf'i _e'�°® 2 40 Return Receipt 1 85 Restricted � Return Receipt 1 85 Restncted Restncted TOTAL $4.64 TOTAL $4.64 TOTAL $4 64 POSTMARK OR DATE I POSTMARK OR DATE I POSTMARK OR DATE I I I f I 0 s PATRICIA C. MOORS Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 May 12, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: ARLENE & PETER MANOS PROPERTY ADDRESS : 2000 Sound Drive, Greenport CTM: 33-1-18 Dear Neighbor: I represent Arlene & Peter Manos with regard to their property located at 2000 Sound Drive, Greenport, New York. Their original application was for renovation of the existing dwelling, however due to the structural integrity of the dwelling, the dwelling was demolished and a new application is being made for construction of a new dwelling which will be located less than 100 feet from the top of the bluff or bank of the Long island sound. A copy of the Legal Notice is enclosed which outlines the project together with a copy of revised plan. The hearing on this matter has been scheduled for THURSDAY, MAY 25, 2006 AT 1 : 35 p.m. at Southold Town Hall . If you have any questions, or you wish to support this application, please do not hesitate to contact me . Thank you.'fV y truly yours, dlit'CieakCiLe " Patricia C. Moore PCM, „ encls . f , • f ' LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 25,2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MAY 25,2006: 1:35 P.M. ARLENE and PETER MANOS #5897. Request for a Variance under Section 100- 239.4A, based on the Building Department's March 28, 2006 Notice of Disapproval, amended April 11,,2006, concerning a request to amend Building Permit#31508-Z, after demolishing the dwelling and building a new dwelling. Demolition of the construction was not requested by Applicant under Building Permit No. 31508-Z and ZBA Variance #5730 (which was for a two-ft. porch extension). The new dwelling will be located less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 2000 Sound Drive, Greenport; CTM 33-1-18. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: May 8,2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski 41, . , . '-'i,-'i Ii .. � . .. Town of Southold VZBp µ , } RA E E O App. Name _ 0 Tax Map. 0 "File No. .0 II Board Member Gerard P. Goehringer Search:. , Hearing T 1 L7 i'lanliste � _ Qther ears ime•- �5•D4 AM _ File Number 5893 ; Tax Map: 1-1 33.- 8 E App. Name: 'Manos,Arlene K. 5893 ji ? Received Date:" /x:7/2 .,Tot. Fees: s� 00 ._x0O - 006 H ml t Green ort :i' Date forwarded 4/18/ to Town Clerk 2006` a e p ype: Residential s Zone R-40 '^ ; i Status; JNew " 'Action' _____ Meeting Dates Building Dept. .Location 2000 Sound Drive f ' Meeting Date :; ND Date 1 /28/200 j -" Desc.: __ -7=7-3;-=74-- ,_M� � ' Hearing bate 1 /25/2006=: ND Date 2 /11/20061= Reconstruction after demolition of existing house. E ; 100-239.4 setback from top of bluff or bank of LI [ Hearing Date 2 /22/2006,' ND Date 3 }COPY [ Sound. Amended appeal 6/13/06 -vacant land ; i'„ Hearing Date 3 .................. ND Date 41-1: 4 i: resulted.after total,�demo, pr000ses,ppol_&new............. ' i .. _ ° Hearing Date 4 ND.Date 5 ;, " Incomplete as submitted at 5/25/06 PH; complete li -:' Mj, Notes 6/13 with add! information, ready for 6/22 PH. i,,; Hearing" Date"S" ` ND Date 6 '' Action Date: ' ND Date 7 ' ;.m6/2%200& 2:49-13-7 FEATiT a NUMµ Developed_by the Southold Town Data Processing Departments` .rw� ,nR_X 7• , . �v' ta • `y, iHxyd vlT?';` t :' _ •-,,. - flyyf.' {jy ' ' 4c ,v,� ; ,,'av� }., . ..•' . y � - • _ +k4g7,r.3, '-to•s,t,A �S;1•;:.,-:,: ,- jr1-h-`- 'uptaa,- . "� { ., -,,•• ` s;, rt ,,- �'•..,&,•, 4.,. t „,`,.. 4it, , y '::" c.+ _, ,,f,K:' , v:' -c,fy4 ,mqcvF1+».,. - nj Y 2r" 'S} > n -e" ' l ,1,!:„,..,f,, , .-:'_ ` • . k54ay t �� `�� th^ V, :+ :'VA,,, •.'vItt : t _ ;ka..-�� - u& � r. .g. r��x;-: �tW,�; ;?FYSa 'sl;'Y� '� :;; s ' : -_ 0 0 ` V / � l V '__' - xxs,..aAA.-o-� 4ii�rj'` Myy. =' .. :� `i _' Y , //5 - '-__ ` „,. M, _' w- _ __- , " ,. lm+: ter ;. , .cx-v. ^.Tw<-: fi.„'=_ .r.rc-- - �.. _ -_. ... __ .. _� �--,„,. __ _..._,, co n 310.000 —l v _ N. 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Simon i .41 .•/ Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman =lyCou ,of54375 Main Road(at Youngs Avenue) -•''�� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 May 31, 2006 Suffolk County Soil and Water Conservation District 423 Griffmg Avenue, Suite 110 Riverhead,NY 11901 Re: ZBA File Ref. No. 5893 (Manos) Gentlemen: We have a revised application for a proposed swimming pool to be constructed seaward of revised house location on property adjacent to the Long Island Sound, and shown on the enclosed site map. The public hearing on the above variance application is being held on June 22, 2006. A copy of the area map is also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, RUTH D. OLIVA By: pETk 101- H r "he following application will be heard by the Southold Town B card of Appeals at Town Hall, 53095 Main Road, Southold: . 'AME : MANOS , A. #5893 IAP # : 33- 1 - 18 APPEAL : Sctback Variance FEQUEST: New Single Family Dwelling DATE : THURSDAY, MAY 25 , 1 : 35PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ONING BOARD-TOWN OF SOUTHOLD 765- 1809 ,/��•• ,,� Of FO(,�- APPEALS BOARD MEMBERS �,f�®Y® ' v� `'OG Southold Town Hall • Ruth D. Oliva, Chairwoman ��� • �� 53095 Main Road \ 7Aa P.O. Box 1179 Gerard P. Goehringer Lydia A. Tortora : ti- e�£= �_ 'I' �` Southold,NY 11971-0959 Vincent Orlando 4'4® - 0`t- / Tel. (631) 765-1809 James Dinizio,Jr. :.d .1,•,1:.,,,,• Fax (631) 765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 3, 2004 ZBA#5523—PETER and ARLENE MANOS Property Location: 2000 Sound Drive, Greenport; CTM#33-1-18 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 28,884 sq. ft. parcel has 100 ft. frontage along the north side of Sound Drive, and lot depth of 275.63 feet, Eastern Shores, in Greenport. The property is improved with a one-family, two-story frame dwelling situated at 99 feet from the front line along Sound Drive, 16 feet from the westerly side line, 18.5 feet from the easterly side line, and 61+- feet from the top of the L.I. Sound bluff. BASIS OF APPLICATION: Building Department's April 1, 2004 Notice of Disapproval, citing Code Section 100-239.4A in its denial of a building permit application concerning proposed construction of an in-ground swimming pool in the (easterly) side yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 20, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a 16' x 32' in-ground swimming pool along the easterly side of the existing dwelling, at 5 feet from the side lot line, at its closest point. No raised decks or other building construction is proposed around the pool, other than a open, sun terrace at ground level and pool fencing. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The adjoining property owner to the east of the pool location stated at the May 20, 2004 public hearing that he had no objection to the location of the pool. The pool will be screened from the road by a new front yard garage as well as other neighbors by a planting of screening along the pool on the easterly property line. Page 2—June 3, 2004 Appl. No. 5523—P. ani', 'Jlanos 33-1-18 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because if located in the required rear yard, there is insufficient area to locate the pool without a variance from the code's 100 ft. setback from the top of the bluff rule. Without the variance, the proposed pool would not be possible. 3. The requested area variance is not substantial. The side yard location is more environmentally sound than placing the pool in the rear yard area, which is closer to the top of the bluff. 4. The alleged difficulty has been self-created and is due to-the applicant's desire to enjoy a swimming pool. 5. No evidence has been submitted to suggest that the relief granted will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum necessary and adequate to enable the applicant to enjoy the benefit of a swimming pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. 7. The applicant assures that there will be no drainage or flow of water from the pool or construction, activities toward the bluff and that drywells will be properly installed for this purpose in the overall design planning of the project. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Goehringer, it was RESOLVED, to GRANT the variance as applied for, as shown on the 3/30/04 site plan prepared by Garrett Strang, R.A., SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall plant and maintain a row of screening the entire 32 ft. length of the pool along the east property line. 2. In the event that the applicant does not construct an accessory garage in the location shown on the above site plan, the applicant shall plant a row of evergreens the entire 24 ft. width of the pool to block it from view from Sound Drive. This action does not authorize or condone any current or future use, setback or other features of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Tortora, Orlando, q Page 3—June 3,2004 Appl. No.5523—P.and/' los 1000-33-1-18 at Greenport and Dinizio. This Resolution was duly adopted (5-0). (79,_JEL6 &S2,c0:,_, RUTH D. OLIVA, OHAIRWOMAN 6-24-04 Approved for Filing ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net May 3, 2006 Re: Town Code Chapter 58 — Public Notices for Thursday, May 25, 2006 Hearings Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before May 13th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND not later than May 18th: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2) Not Later Than May 18th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for at least seven (7) days and posted till the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting during the meeting, or mail it to us so that it is received prior to the hearing. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. • Very truly yours, Zoning Appeals Board and Staff Ends. , . \!y! 3j1= 44. 'Iol_.E. - dilii gl,-,,ES 1 6 tz.,:._,,f ,,, , „ , - T,- Town of buuthOld:-ZSA 'a APP711ame To i- ( Ma 0 File No., I ; El II-sa4 Board Member Gerard P. Goehringer Search: _ ,,/,• r 0 Unliste VD Other f , ,t Hearing,Tin :-/A5:D4.AM !:/File Number:Fgl7 Tax Map J3 , ... . ,, - , "",'., , '-'•^-1", , - ,, App-:Name:. Manos, Arlene j< j l' ,-' Received Date: PI/2006-Tot Fees ‘r.7707671/ i Hamlet iGreenport ,type 'Residential .-: zaie/ FF7 i Date forwarded to Town Clerk ,, . 14/18/26711; 1 . . _ Status New Action Meeting Dates '-- : ,Building Dept., ' I 1Location 12000 Sound Drive „ - i ng Date F1 ND Date 1---/28//200BI i Short 1,, Hearing Date 1-1' ND Date F1175-07061i r [ t!-Desc, ' Hearing Date :77,Np:bate i , rb Hearing Date :"L'---vr. ,,,, Copy;:, ? ,1-! - , . 1---11/ ND Date ' _it , Hearing Date 1-71 ND Date I3 i Notes Hearing- , V / /Hearing-bate r--71 ND:Date 1---"l! V i i I 1 , Action Date: I I tINID bate r---71, 448/20*]rii.TsTAITi I cAit- '1 NUM I '-- 'b&eioOed:bi the Southold Town Data Processing beOartmentj,!- .. _,.. . .„.. ,. ...... _ ._ 01.0- eN-12-1. - , ki V Os:9r )(t'0\V We OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalski(a�Town.Southold.ny.us Jayne.Martin a(�Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX MEMO • TO: --/Do -c4.4u�C, / -4r1-( 2.06 DATE: 412A/d 4. 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CAI•'7,1''.• GREENRESIDENCE. 2000 SOUr---ID DRiv.....r7 o • .‘ ,t,,,•„,. -A . cc\ • 2• (-) '! cc:4:r • 44 0:_..4 c. A-0 • 1 - i„ • i -.2,-.. 'il • :r it NY , , ....,• 0 _. ,,....,..-k . ,,...,,[.TOWN, ,ofi -0,,,,F,,,_/S•,,0tL1, iTI1-1,...0., LD l' : e - . . . • • -* r''r-F(7, ",.'‘ r, n r r-- r‘ r-,,r.,, r 1.-7,7,r,„ 1 OF Nii-y1 i WO • .9 . if _ SOUTHO! D NY .._ ,.. t. I� OJS-a,•aN c7..7O• Ir.X 1.g'('t til 4 _ i + ::: Com•v.. 4-4..7 :- I C,.f�-A-m:0 r.� / r ELEVATIONS -_ - Q "i� 13C.7\slMl LOb.lti Q1._. Mw PROPOSED B.NITAF2Y SYSTEM l o.sp• -- ' - - -- - .111):':!.../'''::.". ;' p' s ?yKt (g.i_.1-4.2.) 1: • h1 S� q .Gil e' - PCO v �' QRS\-•y.`If°%:."(4:1't 'lir1010.- .;. +. * #. '''' - (, \. la 4 L / First Floor Elev.tion 46.50 c” : ; 4W: • �/ t _Existing Grad: 45.50 �'�� 9,r�,, r , �!, �" L.J Soil Lina at Beainr� d3.25 «�t-�' `• ►► `'+#4 "• =/ Lkl • Fin Grade at S.1. 45.50 �' i t 1..-05 '% 104 ,. .•i ,/�I \ TO Of s.T. 4�. 6 . rV411°A,C �1 ,'. S.T. Inlet 43.00 •�•e.:2..,I../ -...t t_.-t--,C .-es-ni� . Via, 7' s • S.T.Outlet 42.50 w f-r►.{ r{6..,4-./••r C.ra�.�.L.•... <. �,; J,• u ti.......-r c:.r4.. s!i` A '' . 3 N. 74'Z9'4-2" E•-. 11 . v Bottom of S.T., 33.16 f r , '.. Fin Grade at L,.P. 45.50 -'It _ \ L. P.Inlet 42.40 �, • �� Bottom of L.P. 30.00 i , • �'' �,' 4 ✓ - • .` ' I. 11.16.• ,. . A Ground Water 00.70 _ - , \,a4 r• , .+ 11111$ '.r•• \ '� 1` fir d ,illyT114111 ''''. ' * ( .4* 1 1 4111-101111111.$ "P, - (5..1+.-. 1 5) 41' 'p. . . 11 r.s>;. .a --- "S.T." - '`retic Tank o , ,LI.O '�11% ,.�Of ,, 2414.1 s 'll I. `,` ''--- C� 2..... - -----_.. R.E..L. w r L.P. - Leaching Pool �., © .�� z u , ►�/e • �..,,,� Lr Li f 3H MVP' ti 1r y�e� • Yt11r1 ,� o • . tem o 41 t. ........... .. I -�,� " 6 L-a.-X 1-+�'C•(►••d aw.. ' .-.--,} i.06 ,12 r "' '3s © e, • ♦ 1 '�,ti^ -f -e.....LK..lite.......i.4*„.......„,,, �„ {j ex-re .L__ -- 7_ ,. 44•. 0 • 4. s o oil; c /'; woa - - _ . - NOTE: (1✓i.. L.7•) Ra Olt r�'9' v��f� X( ll4 D �aco•.••!tic c�-fr-f .. ,'_� :- Z Z is q I E ST G WELLING •IS 4 BEDROOMS,.2 BATH _ __ ��,.. ,_ , t✓.. ,"." .t 1. �� t , PROPOSED DWELLING IS 4 BEDROOMS 4 BATHS 46.,7' --� 'l_ `vn_-c-cz. I u " 111_, 0%. , ` \; , .• �` • •� f «,t• Qw-O:-WK•' ., INS 'I'. apt ,�' g ' o �.4. •. +t,/n..-r YcrL.. i,--i E:.z-f L N rodFaw . . e�� >>�' i> .� ..1.1..,,s„..--.-.- r. p AREA 1.3 SERVED WITH PUBUC WATER BY SCWA. 6-2..0- f�'IA-'s,..- • %0 c-o n..+z.- a Cm. � .,� 1 -,;Z, E� po ,�•• NO PRI FATE WELLS KNOWN TO EXIST WITHIN _„� If .t Leh �,°• _� % ��"� -. 6 150' Or SUBJECT PROPERTY. r/4wta-';i'tx w,a iia _ , ...4 � 1(1 a ' l / `.. MADE BY McDONALD GEOSCIENCE I - E'i`f //` /�.�' .. DATED AUGUST 5, 2005 •# • .4") , .... - • --_max • C =` �`' p er " "�'' E." 4`. TYPICAL RECTANGULAR SEPTIC TASK _ TYPICAL LEACHING POOL 4 �. I .XI.4..-r•t,.ic, lFINISHSITE IJATP, - `'�G v t v ) Gk.DED 1� y ✓ 1� ,i� ___ _ - ---f°`..T'..0-rn, J -� ( SITE AREA 0.66 ACRES 28,884 $r'... FT. • ' _"'•`_. �%"'.. !- ..71J 62.-1,____L-4,1. ,,.�-.. tr1�. �J. 5 1' MIN,. 2' NAXi t• . r 1 CONCRETE COVER TAX MAP # �- L `� ` I i r 1 �■■���• i1 G00 - 33 - 01•- 18 IAfK J \ • - r • _. �' MAX. • G- �'ta:xf•�.`t"t.-tir.... I t ..r. • I ��'i I ��' �\\\ CONCRETE I ��; �� _ , L FILED MAP DATA MAP OF SECTION FOUR Z L __ a\� i 1 u �.y ____d CWiMNEY I L G \ I I ,' `\ ,� EA5 ERNIORES •••\--r saF� I '-+-+' --- y �._ 20•--I FILED.MARCH 7, 1966 AS #458 -4 - L - �,,,4t. - , , GREENPORT, TOWN OF SOUTHOLD L i INLET \ . I Z 1 7`P'^•• ' 4iN. OLA.• SUFFOLK COUNTY, NEW YORK • r7777 Co1: t 4o�r/v rtY D ► s7 ,PProvE° , .PIPE • - I f.•'B.GM-[i'-GJf1,•T,,t ., c. 1/8%1B' I • \..T :✓ Iv\ yl.�/_/,,!/1//..///� LL.- At.•10' 1 ZONING R - 40/RESIDENTIAL - �.1 1 \� t _ I �I• 6..R,4c•Y l •` ���. r I�L`J� I(1 �l �- �- -i L'r7 ( _ i ( ,,,i, FLOOD ZONE "VE"(el. 15) and "X" �.1A..�v 1�..Y�•+ �. . IrTL.91°` �` I - fit.. 4-5. 5. `:r J (r' ( ( 1 II.X i'. K't T4.4 C. %A.,./ � , Pdo L.•.. �2 104.9.ED OWL• f toc.•+c CAs*u« ,o cn.vc , i l_� �..� t_ L_..] \` .. �` % ,?// R SUPPLY FO COUNTY WATER AUTHORITY V WATER `,�UF LFC CC) U TY • - N �'. ./ -t�a..tw 2 ter, ,) f ,� ? a ,a,t -3,j FaUhlr: �iR:Oc�ot ( y�+ . y 1 ....-.-V.,:-.-4 �.. _- = I'L"d f•✓�G.•r 1 •3•Tv�`C I�.Vv't J .d!/. •, \�//L.1.._1�.. - u�Ea 0« uutt i' HIM ?' MAX ' t,,> . Y" L.�./6.._R-E".2> v d.1A 'i-Y�{•. `' " 4 MAX --+--Cw •'^ ,- 1 1 'fr'�y;, U S E , _ 6,'' H _ 1\\\ II, EXISTING SINGLE FAMILY DWELLING 7/7/,7str�t? . u 1_, ��. tb c�:• MIN-- -20' MIN- . t L" I PROPOSED• SINGLE FAMILY DWELLING At-P'�.7X..:1.:.9G . /�; ;.Y-T'.ifY" /�`.� ,,,,LET ....._...-,,---"-)L 12 1"..-1,P...,..1, / lr' i` ,l: ? a F G ft.1 .Tf i•1 c.-. ( 1J/ ,� '..1--TZ-`V.._.... J` r n. . ON .nanat t 101 / s �, .,, Y. ,. f-r:,�•�a• , � f , . J1 6• �____�- i - BUILDING AREA ,_.�.a. ► .e.,.rr- 1 jj}}/ •r" J- . 4.L. is-•.• „ vwe aetet Es t/a rta R. /J I ouru* , • .e�.-rciti -rc ter jt �_13� /r ~/ � �itui , t_ {O '.+1 G!=, 1}4�l: �, �.e.. q- . a� Jf �' w,, .•D..„Pe o J • • 1 �'. .CL EXISTING ^ 7e sc..^.2...tc..v• I --", -mss^, • \ " r tib" I r,v atT a is. #=):,.r.•LP..c..Yrr•►. n1 f +==~= - = J �,`' . M/'�b,; ' .r.•) .�f-t.Far�:s7• ,'� • ..'�f c`-'�.- , 4 ..mss j tl,,.....•J. 16• mitt ._ H.!�' E.f... kz.s0=• 1 i t' n_ j dwelling 1,954 :.Q. FT. • `• � A. I I •`(' Ii.." �t.1�1� r,.�tl.a, _,_. _ '� �' fLG K L tom; / __ ► \ decks/stairs 600 SQ. FT: I ` I Y. ,.L..' raf�fe.11-3C* . c.f}J* '� � I \ � 3' MIN: LEACHING 2 554 ,!. 3,Y• TTa.aL�.Y'.r::.: ;. COLLAR { • , �. L j/ �' , :�1 ..�L.7rp SECTIONS PROPOSED I. .� Ys:a^P'.. t;..+1. /././ �% ♦ \.\\ I I . i, • ?Ili r ! _ 'g' f,.1.1-P4,6,.�:.-c� .t _ .. �. ;�rl l� building addition 648 SQ. FTS. ►' , :� �Y'�T-a«.l. ::. / Ir.l.. a 8.1 a l.t.r• ......i; _� �� _ 576 SQ. F 1. �i -� . / /�r _ �_ t i__ _ j garage addition ► " tl'i.,r:/C p •.t�✓bs.T� / - _ ,? t t L. �'.�. .�o' roofed walk 350 SQ. FT. fs :+ _ .,0t4.-r• ` a MiN f Q " poo( addition• .-r :,,` 512 SQ. FT. Y _ AA.m/s-44 /+i' 8' ►AIN, PENE`f RATI N INTO A VIRGIN STRATA �, �� I L ,� r.f�....r . . I:�a�. G.is. ' 2086 SQ: I ��f t/C-.'�v/".'''' Of SAND Ar+D GP,aVEt t � y 4E , , ; , J .. FT. j.►o ► MIcN SEASONAL GROUNDWATER, /, garage deletion 288 SQ. FT: ,Q t (.3..s . a 't . (,....... BACK FILL'MATERIAL TO SE CLEAN. SAND AND GRAVEL - ' �, 1,798 SQ. s • • . t I 16`" TOTAL 4;352 SQ. FT: 1, �, t •:IticS_ =- � .1`7"%�, Z. `( ` ` `�' :.- lam. ''' . ` _l _ --- _ �t _ - LOT COVERAGE TOTAL • N % EXISTING 8.80% • PROPOSED 15.07% _ >,-,-,:< OWNER PETER & ARLENE}`tIAN0i5 eL ' ,..„ r::»u.. /�,r•s'te. rt: . st �ia 200 CENTRAL PARK SO TH qpR 1 7 2006 ��..• ,.»..tC �=�'"'' � •tLl ^�1S'„;�;e$ NEW YORK,.NY 10019 ' ` "" Z. \Y. Fj s".'�' n- 'ti. T �i .xr �.,. FnNh41 a EDAM, OF APPEALS • •7 1'✓ I(�V•i`�•�C� /• �i+,►t.l!'a'r t(+1l-.. - 7�; p,w}?e,�i+.s w.ao.�` (U// s+. 'r"`�5� • ... . _ _ + C� 1. tr..P G. g.''';r {''!a.�!E.../A G.--}_1 -T'.-� CCk;�.'«... SUFFOLK COUNTY DrPI\nT:.IENT OF 1WC'ALT.1 CERViC:3 ti • PCti r11T Fan PPPR3VAL OF CONSTRUCTION Fan A• f=, " `/�/•� 12 • Gaza.: FAMILY RECID:ticE 0r-LY c...-5 ?-rj • - U V r DATE�� 'l 1.i• PIT.F. ` . /© 1/ - •'), r�IC7 Fort E:l+ ui t.3•: c•->EXPIRES T H 2/EE YEARS FR M DAT.:OF APPROVAL • • `1-""' ''�j� .�•�' t�',•-XCr�'sl:�Tltii`�D Ft�ttSi�i:CTtC�:� FCGt�t��, C9 1,,___.1 , _..3 I l i& FOR SAt�1TR.?Y GYS�Et � I ICY Hra,LTFtO »�fi1.T�►::rm.i�t ....-.: . �,J {y may' j \ -.{ TITLE r, '� e t� ���r'13;, .�-,+.r i {K.. r , e9 t':.•� • <G\S�E•ED As�c�/jFc �3 `i o , ... P9S R4 f P'"' E.T T 1 ` " A5: \ �'° l�. : . . .___ ; .. . .. t i . �.... LOCATION 6J 4-1 (._.t. L� +,.J-• •' ..-t �►.t/ +lw L� �' tL . �.i fir► 1 . ---1 ' r.� "t",. t�.t f . _. • t."i • SCALE REVISED 'DRAWING Hi! NOTE : �`� t., -„,t.,,,,....1- Y _ 1230 Traveler Street Southold N.Y. 11971 /� !,l?'t' . �• -.��. t<�� Ur. -f*� c..i= ►-►. , THIS SITE PLAN WAS PREPARED WITH INFORMATION TAKEN FROM DATE 41.._ 1 9 a� 4 12. A SURVEY MADE BY JOHN C. EHLERS, LICENSED LAND r41t OFNO y°� • t j- ' , ' DRAWN BY ,� SURVEYOR, RIVERHEAD, NY, DATED: JANUARY 52002 s 631 765 - 5455 ta PROJECT N? ' 4:a r{ 4.7 i=' 1 •