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HomeMy WebLinkAbout6237 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF MAY 19, 2009 ZBA FILE # 6237 - GEORGE YATRAKIS, Applicant PROPERTY LOCATION: 18805 Soundview Avenue, Southold; CTM 51-1-14 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a nonconforming 29,118 square foot lot measuring 99.96 feet along the Long Island Sound on the north, 297.41 feet to the east, 100.00 feet to the south, and 286.02 feet to the west. The lot is unimproved, except for the remains of a small building as shown by the July 24, 2007 survey prepared by John Metzger, L. S. BASIS OF APPLICATION: Request for Variances under Sections 280-15C and 280-116A(1), based on the applicant's amended application and the Building Inspector's July 7, 2008 amended Notice of Disapproval, further amended October 8, 2008, March 27, 20009, and April 3, 2009, concerning a proposed dwelling with trellis addition and swimming pool constructed at less than a minimum of 100 feet from the top of the bluff adjacent to the LI. Sound. AMENDED APPLICATION: An amended surveyor map dated April 3, 2009, prepared by John T. Metzger, L.S. was submitted, increasing the proposed setback from the top of the bluff from 62 feet to 90 feet for the house and from 32 feet to 75 feet for the pool. LWRP DETERMINATION: A Letter to the Board of Appeals from Mark Terry, LWRP Coordinator, was received on January 8, 2009, reporting a finding of inconsistency under Chapter 268, Waterfront Consistency Review of the Town of Southold Code, and Local Waterfront Revitalization Program (LWRP) standards. The letter noted that the distance from the bluff for the trellis, swimming pool, and residence (12 Page 2 - May 19, 2009 ZBA FILE # #6237 - George Yatrakis CTM 1000-51-1-14 feet, 32 feet, and 62 feet, respectively) were less than the minimum code required setback. The amended application, in accordance with the LWRP Coordinator's recommendations, mitigates the original proposal with respect to the setbacks for the dwelling and swimming pool. A letter was also received on January 5, 2009 from the County of Suffolk Soil and Water Conservation District signed by Nicole Spinelli, District Technician, recommending the installation of a berm at the top of the bluff, with a dry well to prevent runoff from flowing over the edge of the bluff, and that irrigation be kept to a minimum to minimize excess weight and stress on the bluff, FINDINGS OF FACT The Zoning Board of Appeals held public hearings on this application on January 8, 2009 and April 23, 2009, at which times written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant requests a variance to allow construction of a new dwelling 90 feet from the top of the bluff, a swimming pool 75 feet from the top of the bluff, and a trellis 12 feet from the top of the bluff in place of the existing remains of a shed. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the BOard makes the following findings: 1. Town Law Section 267-b(3)(b}(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, if the pre-existing shed is removed and no trellis is constructed in that location. The placement on the lot of the dwelling and swimming pool will be consistent with that of neighboring structures. 2. Town Law Section 267-b(3)(b)(2). The benefit of a dwelling and swimming pool where none exists cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Placement of the house and pool at a reasonable distance from bluff would require a variance for setback from the road. 3. Town Law SeCtion 267-b(3)(b)(3). The proposed variance is not substantial with respect to the house and swimming pool, for which 10 percent and 25 percent relief from code-required 100 feet are requested. A setback variance that would allow a 12- foot setback for the trellis is substantial. 4. Town Law Section 267-b(3)(b)(5). The difficulty has been self-created so far as the applicant proposes to build a new house with nonconforming setbacks. 5. Town Law Section 267-b(3)(b)(4). Evidence has been submitted to suggest that, because of the fragility of the bluff, a variance in this community may have an adverse impact on the physical or environmental conditions in the neighborhood. This'evidence has been considered in comparison with the placement of neighboring houses, and in the light of the amendments to this application. Page 3 - May 19, 2009 ZBA FILE # ~6237 - George Yatrakis CTM 1000-51-1-14 6. Town Law Section 267-b. Grant of the variance relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of the new construction, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, a motion was offered by Member Simon, seconded by Chairman Goehringer, and duly carried, to DENY the variance for the trellis, and to GRANT the variances for the dwelling and swimming pool, as shown on the amended survey map dated April 3, 2009, prepared by John T. Metzger, L.S. subject to the following CONDITIONS: 1. As stated in the December 11, 2008 letter submitted from the County of Suffolk Soil and Water Conservation District, the applicant shall arrange for proper installation of a berm (with permit authorizations issued by other agencies as may be required by code provisions) located at the top of the bluff with a dr/well to prevent runoff from flowing over the edge of the bluff. Every drywell should be installed deeper than any existing clay lenses in the soil profile to the extent reasonably practical to minimize the risk of groundwater seepage out towards the bluff face and subsequent erosion. Irrigation shall be kept to a minimum. (See attached copy of the above-referenced December 11, 2008 letter). 2. Installation of a dry well in a location at least 75 feet from the top of the bluff or at the sides of the dwelling (subject to the Town of Southold Storm Water Drainage Code standards) to prevent runoff from flowing over the edge of the bluff; no debris of any kind shall be discarded on the bluff face. 3. Removal of remains of building. 4. No trellis is permitted. The above conditions shall be wdtten into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or futura 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 exprassly addressed in this action. The Board raserves ihe right to substitute a similar design that is de minimus in nature for an alteration that does not increase the degrae of nonconform ty Vote of the Board: Ayes: Members Go~ail~n), O, Jhr~'~on and ,~'neider. Weisman). This Resolution was d~~'y~'" (Absent was Member ./>' ...i.~-";- ~--~-~(~ ' ,../ // ,~ RECEIVED GEI:~.F]D~.'GOEHRINGER, CHAIRi~,N §/Z~/200g ,Z"' //' d UN ~ 2 2009 own Clerk $¢DH$ R.f. # RIO-07-O0~ LOT COVERAGE AREA HOUSE & GARAGE ' 22§9 sq. fl. PoOL = 512 sq. fl 2771 sq. ft. AREA TO COASTAL EROSION HAZARD LINE = 19,243 sq. fl. 2771119243= 14,4% ROOF RUNOFF HSE ~ G~A,R - 225~9 2259 I 0.17 384 cu. ft. $84/28.$ = 14 VF PROVIDE 3 DRYWELLS 6'# ~ 5' Deep AREA TO BE REVEGETA TED TO BE REVEGETA TED WITH APpROVTrD METHODS AND SPECIES APPROX ~000 SO.FT. NO FILL REQUIRED EXCA VA TION FOR POOL,HOUSE, & DRIVEWAY CERTIFIED TO' GEORGE YA TRAKIS MARIA YA TRAKIS LAWYERS TITLE INSURANCE CORPORA TION ' SURVEY OF PROPERTY A T SOUTHOLD TOWN OF $OUTHOLD N.Y. SUFFOLK COUNTY, 1000-51-01-14 SCAL~' I'--30' C04$TAL EROSION JULY 24, 2007 Aug. I0~ 2007 (oddifions) I AUG. 28, 200F [TOPOI AUG. 31~ 200 ?(CER T-IFICA TION FEB. 21~ 2~ MAR~ [~ ~ (revls~ns) May ~ ~00~ [tensions] M4Y 16~ ZOO8 ffevisionsl JUNE I0~ 200~ (revfsiocs) JUNE I~ 2~8 J~ Y ~0~ ~ooe A~ 6, 2~8 Aug. ~8~ ~00~ ~RCH 26~ ~009 ~gVIgON~ APfi -3 2009' ~/zo/o~ ' ' I ¢/ I &~ ~ I I I I: '1 H I I ~ ~~ . ~1~ · - / / ~ ~ 4 I ~v~o~ ~mcm ro ~.~.~o. , ju~u I am fam~iar with the STANDARDS F~ APPROVAL ~ [~4h ~ J AND CONS~UC~ON OF SUB~RFACE ~WA~ ~ ¢ry,v~l' [-~:'/ ] DISPOSAL S~MS F~ mN~ FAMILY RESIDENTS ~~":,~x I c~di~~ ond .il/ obide by the Se' forth th~ei, ond on I o~s ~own h~e~ ore , (VACAN~ , ,. ~ ~e I~ahOn of w~ls and ces~ NO CESSPOn~ c w,~u,~, ; ~ ~ DC. NO. 49618 ~ ~Cn~ ~ ~ ~E ~ ~ STA~ ~C4~ ~ ~ = rm, IlU sq. lr. 10 ne line /~"~~~ ~T AS ~ ~C~ 7~-~ I ~ ~CAR~S ~n~c~, co~c,~, u~7~Rn ~INE FROM [~~~ ~'/ ...... ~ ~c) v~ r~ '~ ~ ~ ~ ~ ~- ,r Pn~STAI EROSION HAZARD MAP .... ~,~"~ / I I ~O ~ ~ ~S ~ ~ ~ ~ E ~ ~R~ ~T~ ~ 55-57R-83 ' 1230 ~*S~EETI Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Wailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http:Hsoutholdtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. {631) 765-1809 Fax (631) 765-9064 May I~, 2009 Patricia C. Moore Esq. 51020 Main Road Southold, NY 11971 Re: ZBA #6237 - George Yatrakis Variance application Dear Mrs. Moore: Transmitted for your records is a copy of the Board's May 19, 2009 Findings, Deliberations and Determination, the original of which was filed today with the Town clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building Inspector's Office. You may want to furnish an extra copy of the enclosed when furnishing additional information to the Building Department. If you have any questions, please feel free to call at any time. Very truly yours, Encl. Copies of Decision to: Building Department Planning Board Town Clerk (Original for filing) Linda Kowalski BOARD OF APPEALs ' 1000-5'f-01-14 DATE: PROPOSED - YATRAKIS RESIDENCE SOUTHOLD NY CHORNO ASSOCIATES architects. SOUTHOLD, NEW YORK N SCDHS Ref. ~l~ Rt 0-0 7-0099~ LON(; fSZ.4ND sOUND SURVEY OF PROPERTY AT SOUTHOLD TOF'N OF SOUTHOLD ROOF RUNOFF ~TLANOS BOUNDARY LINE HSE & GARAGE =2~2 OR EOUAL (~Y~L 1000-51-01-14 SCALE: 1'--30' JUlY 24, 2007 Aug. /0, 2007 (add/lions) AUG. 28, 2007 (TOPO) AUG. JI ; 200 7(CER T1FICA TIONSI FEB. 21~ 2ooe (REVSIONS) MARCH [2, 2008 (revls~ons) LOT COVERAGE TOTAL AREA = ~9~1~ SQ.?T. TO TIE LINE AR~.4 TO E~OS~AZA~ LINg. 19Z43 ~q. fl HSE COVERAGE . ~yF, 2008 (revisions) /~, 200~ (revisions) ~,a x m; eooe ~R~tSlO~ JUNE I0, 2008 (rev/~l'ons) dULY ~0~ ~00~ (revidon~ AREA TO BE REVEGETA TED TO NO FILL REQUIRED EXCA VA T/ON FOR POOL,HOUSE, CERTIFIED TO' GEORG~ YA TRAKIS LAWYERS TITLE INSURANCE JUNE 12, 2008 SEPT. II 2008 ,'R " ~ ~ '- ~ TEST HOLE DATA McDONALD GEOSOENCE 7/20/07 N8 ~- ,~.~ AUg. 28, 2008 fgorqgeJ SEPT. II, 2008 ~REV/$1ON) 5~)UND ~ A ~B TOP OF BLUFF ESTABLISHED BY OTHERS ELEVA17ONS RL~bRENCED TO N.G. V.D. I om fqmiliqr with the STANDARDS FOR APPROVAL AND CONSTRUCHON OF SU8SURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES ond will obide by the conditions set forth therein qnd on the ~ )ermit to construct. The location of wells and cesspools shown hereon ~re from field observotions ond or from d~fo obtained from others. ANY ALTERADON OR ADDITION TO THIS SURVEY IS A WOLAHON OF SECTION ?209 OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209--SUBDIVISION 2. ALL C~I~TIFICATIONS HEREON ARE VAUO FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNA lURE APPEARS HEREON. (~ c O-ywelI (VACANT) NO CESSPOOLS WITHIN 150' AREA = 29,118 sq. fl. to lie line COASTAL EROSION HAZARD LINE FROM COASTAL ~RQSIQN HAZARD.MAP PHOTO # 55-578-8J N $CDHS Ref. # R10-07-0099 iCO VERA GE HOUSE & GARAGE = 2259 sq. fl. = 51Z sq. ft 2771 sq. fl. TO COASTAL EROSION HAZARD = 19,242 sq. fL '/19Z43 14.4% )F RUNOFF & GAR - 2259 sq.H. ~ I ~ 0.17 = 384 cu. fL LONO IEI~ND SOUND 9 SURVEY OF PROPERTY A T SOUTHOLD' TO,tN OF SOUTHOLD SUFFOLK COUNTY, N. K 1000--51--01--14 SCAL~' 1'--80' dULY 24. 2007 Aug. I0, 2007 (oddilion$) · AUG. 2B~ 2007 (TOPO) AUG. 31, ~O0 ?(CERT1FICA TIONS) /28.3 = 14 VF VIDE 3 DRYWELLS 6'¢ ~ 5' Deep A TO BE REVEGETA TED TO BE EGETA TED WITH AP?ROVED METHODS SPECIES APPROX Z000 $O.FT, mILL REOUIRED A VA T/ON FOR POOL,HOUSE, & DRIVEWAY ER T/FlED TO' iEORGE YA TRAKIS tARIA YA TRAKIS .AWYERS TITLE INSURANCE ?ORPORA T/ON " $EtI~6~ DI~PO.~4L OM I I LE4~:~I~ PO0~ tO~ , I$ E~V SAND COLLAR 6~ 8ELO~ POOL PRECAAT S~PTIC CROSS SECTION SEPTIC SYSTEM Moy 7'~ 2008 (revislo~s) MAY 16, ~008 (revisions} JUNE I0, ~008 (revisions) Il JULY JO. ~ DATA ~EOSCIENCE ?0/07 II~.00' IFF ESTABLISHED BY OTHERS ~S REFERENCED TO N.G. V.D. ~ior with the STANDARDS FOR APPROVAL ~TRUC170N OF SUBSURFACE SEWAGE .90UND VIgW A VENUN MAR 3 0 2009 BOARD OF APPEAI.~ SYSTEMS FOR SINGLE FAMILY RESIDENCES ,~. · .. · . .--. - ~ /~ ::;7~:: /de by the conditions set forth the~e~n qnd on the ~(:'~'::h construct ' /'~' m of wells ond cesspools shown h~e~ ore ~ CE$~--'- '" ~ / observotions qnd or kom dodo ~tqined ~om oth~s. 150 ~ ~ ~?f~S LIC NO 49618 ~ ~ ~E'NEW ~K STA~ ~AD~ ~ AREA = 29/18 sq. fl. to fie line ~CP%) ~rqffo( K.u. ~RE APPEBS H~E~: ................... PHOTO ~ 55-578-83 12~ . SOU BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 August 5, 2010 Patricia Moore, Atty. 51020 Main Road Southold, NY 11971 RE: Yatrakis, #6237 Dear Ms. Moore: I have reviewed your letter of explanation and the updated survey you submitted for the Yatrakis property. I hereby determine, as ZBA Chairperson, that the relocation of the in- ground swimming pool, as shown on the survey dated received in ZBA on July 30, 2010, is in keeping with the intent of the relief granted and is therefore a de minimus change. I will submit a copy of this letter and one stamped approved survey to the Building Department so that you can proceed with completing construction and obtaining a CO. If you have any questions, please call the office. VarvlCl:fly yours, ~an~esI We ism~ Zoning Board of Appeals Enc. Cc: Bldg. Dept. PATRICIA C. MOORE Attorney at Law $1020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 July 30, 2010 Attn: Leslie Kanes Weisman, Chairperson Town of Southold Zoning Board of Appeals Main Road PO Box 1179 Southold NY 11971 RE: George Yatrakis PREMISES:lB805 Soundview Road, Southold SCTM:1000-51-1-14 Appeal #6237 Dear Chairperson Weisman and Board members: The Board granted the above variance to locate a swimming pool on the Yatrakis property (decision attached for your convenience). The pool was authorized at 75 feet from the top of the bluff. The house is under construction and the applicant has a building permit to start construction of the swimming pool, however, Mr Yatrakis wishes to increase the distance between the house and the pool. In order to do this without affecting the setbacks granted by the Board Mr. Yatrakis wishes to angle the pool parallel to the bluff. The pool will continue to conform to the legal side yard setbacks, and all other conditions of approval. The pool will continue to meet the minimum setback from the Bluff (75 feet) granted in the variance. The angle is shown in red on the attached survey. Please advise us if this change will be permitted by the Board as a de minimus change to the design of the pool. cc: Thank you for your courtesies. ~- ~a~icia C. Moore Building Department Mr. Yatrakis LO T :.COVERAGE $CDHS Ref.-# R10-07-0099 HOUSE g Slg sq. fl TO COASTAL EROSION HAZARD ROOF RUNOFF HSE Z 64R - gg59 gg59 , I x 0.1~' -? 58q mu. fl. ~eZS,$ - 14 VF PROVIDE 3 DRYWELL$ 6'~ ~ 5 ° Deep RECEIVED BOARD OF APPEALS LONG ~SLAND SOUND SURVEY OF PROPER;' A T SOUTHOLD TOWN OF SOUTHOLD 'SUFFOLK COUNTY, 1000-51-01-14 JULY 24, 2~07 Aug. I0, gOO? AUG. gS, gOO? AUG. 31, ~O07(C~R~F~ Til FEB. Zl, EOO8 MARCH IE, ~ JUNE I0~ ~00~ frevisions] JULY $0~ 2008 Aug. 28, 2008 E I - t~O ~L. PMEC~T ~EPTIC OMOSS SECrlON ~EP;'IC S YST~,f wsr OArA / TOP OF ~L~FF ESSTABI-IS~f.D BY OTI~R$ ELEVA I~ON5 REFERENCED TO N.G. V.D. I om fom#ior ~ith the STANDARDS F(~? APP/~OVAL AND CONSIRUClION OF ~UBSURFACE SEWAGE DISPOSAL SYSTE~tS FOR ~INGLE FAM/LY RESIDENCES 115.00' ~0.5'~ -~0' TEST-- ~z N87~0'~ SO UND (~ c~r y ~'~ I~ and will obide by the conditions set forlh lherein ond on the permit fo construct. The locatmn of wells ond cesspools shown hereon ore ~rom ~eld. observmtions ~nd or from dora obfoined from ofhers. ~NY IbZ.~A~N OR A~DIIION FO FHIS SURVEY IS A HOLAI~ON EX.'PT AS ~ ~ ~09-~DIVt~ON 2, ALL CER?7FICA I?ONS N~REON ~REi V4UD FOR fNIS MAP ~ID COPIES ~IERE~ ONLY IF' ~ ~IAPI~ ~I:~S ~ ~ ~ ~ OF I;-IE SURVEYOR 100.00' FIEF A F~N~E (VACANT) NO CESSPOOLS WITHIN t50' AREA = 29,118 sq. ft. 1o lie //ne COASTAL EROSION HAZARD LINE FROM COASTAL EROS/ON HAZARD.MAP PHOTO # 55-578-85 ONIC SLJRVE~ORS, P.C. ' (6,50 765-5020 FAX (631) F65-1~ P.O. BOX 909 1230 TRAVEl. ER STREETI I FIRST FLOOR PLAN L I .! ~CALE:I/4".I'-0' SECOND FLOOR: PLAN 1000-51-01-14 ,q4=V'/0 ./o ' DATE: ~:~ ~ ~'~:,~: SOUTHOLD NY *'"" ~ CHORNO ASSOCIATES ill 0 SOUTH ELE~/ATION SCALE:l/4"=1',0" , '1 EAST ELEVATION DATE: ?-2s-os YATRA~KIS RESIDENCE ~,..~.:~:? so,.o,~ NY 'A-2 ~.~.~,~:~ 'm ~ CHORNO ASSOCIATES 80~T~O~B~ ~ ~O~K NORTH ELEVATION t WEST ELEVATION SCALE:I~"=I'-O" OCT 1 § 2008 ~O,~RD OF APPEALS DATE: ?-28~8 ' ~RO~OSED , YATRAKIS RESIDENCE -~ ~%*":", I CHORNO ASSOCIATES ~~ ~ amhitects, TO: George Yatrakis C/O Patricia Moore 51020 Main Road Southold, NY 11971 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: July 7, 2008 RENEWED & AMENDED: October 8, 2008 Amended March 27, 2009 Amended April 3, 2009 APR - 3 2009 Please take notice that your application dated July 2, 2008 For permit for construction of a new single family dwelling, accessory in-~round swimming poOl and an accessory trellis at Location of property: 18805 Soundview Avenue, Southold, NY County Tax Map No. 1000 - Section 5_[ Blockl Lot 1~4 Is returned herewith and disapproved on the following grounds: The proposed construction, on this nonconforming 29,118 square foot lot in the R-40 District is not permitted pursuant to Article XXII Section 280-116 A (1), which states; "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluffor bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank." The proposed trellis is noted as being 12+/- feet and the swimming pool is noted as being 75 feet, and the dwelling is noted as being 90 +/- feet from the top of the bluff, respectively. This Notice of Disapproval was written based on a survey by John T. Metzger, LS, dated June 12, 2008 and amended based on the same survey, updated March 26, 2009, updated again April 3, 2009. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 APB - 3 2000 April 3, 2009 Southold Town Zoning Board of Appeals Gerard Goehringer and Board Main Road Southold, NY 11971 Attention: Linda By Fax. RE: Yatrakis SCTM: 1000-51-1-14 Dear Linda: In response to your request on this date the surveyor provided the setbacks, as scaled by the surveyor, of the proposed house and pool. This revised survey was submitted to the building department and a amended notice of disapproval issued and delivered to your office by the building department. This letter confirms that I have submitted 7 prints of the revised survey. Please consider our applications amended to reflect the setbacks shown on the survey last dated April 3,2009. Thank you for your assistance in this matter. For the Board's information, the sanitary system was excavated pursuant to the Health Department requirements, inspected, and location is in the front yard. If you need anything else do not hesitate to call me. Very truly yours, Patricia C. Moore PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (63 !) 765-4643 MA~ ._ BO/%RD OF APPEAI.~ BOARD OF APPEALS March 27, 2009 Southold Town Zoning Board of Appeals Gerard Goehringer and Board Main Road Southold, NY 11971 Attention: Linde RE: Yatrakis SCTM: 1000-51-1-14 Dear Linde: Pursuant to the Board's request at the last hearing, the house has been relocated to @98 feet from the top of the bluff (on the west side of the house) and the pool is located at 75 feet from the top of the bluff. My client has paid for multiple test holes for the placement of the sanitary system. After various attempts to comply with the Suffolk County Sanitary Code, the sanitary system will be located in the front yard, subject to Suffolk County Board of Review approval. The proposed pool no longer requires a variance for the pool in the '~side A%r~ Also enclosed are the revised house plans dated 3- 24-09 relocated house. If you need anything else do not hesitate to call me. Patricia C. Moore FORM NO. 3 NOTICE OF DISAPPROVAL TO: George Yatrakis C/O Patricia Moore 51020 Main Road Southold, NY 11971 DATE: July 7, 2008 RENEWED & AMENDED: October 8, 2008 Amended March 27, 2009 Please take notice that your application dated July 2, 2008 For permit for construction of a new single family dwelling, accessory in-ground swimming pool and an accessory trellis at Location of property: 18805 Soundview Avenue, Southold, NY County Tax Map No. 1000 - Section 5_[1 Blockl Lot 1~4 Is returned herewith and disapproved on the following grounds: The proposed construction, on this nonconforming 29,118 square foot lot in the R-40 District is not permitted pursuant to Article XXII Section 280-116 A (1), which states; "All buildings or structures located on lots adiacent to sounds and upon which there exists a bluffor bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluffor bank." The propose~s noted as being 12+/- feet and t sl~'~wimming pool i~s oted as being 75 feet, and the dwelling is noted as being 98 +/- feet fro~bluff,-'" respectively.'"--~ J This Notice of Disapproval was written based on a survey by John T. Metzger, LS, dated June 12, 2008 and amended based on the same survey, updated March 26, 2009. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. FORM NO. 3 NOTICE OF DISAPPROVAL OCT 15 ?3;;3 TO: Patricia Moore (Yatrakis) 5 1020 Main Road Southold, NY 11971 DATE: July 7, 2008 RENEWED & AMENDED: October 8, 2008 Please take notice that your application dated July 2, 2008 For permit for construction of a new single family dwelling, accessory in-ground swimming pool, accessory trellis and accessory garage at Location of property: 18805 Soundview Avenue, Southold, NY County Tax Map No. 1000 - Section 5~1 Block_ll Lot 1~4 Is retumed herewith and disapproved on the following grounds: The proposed construction, on this nonconforming 29,118 square foot lot in the R-40 District is not permitted pursuant to Article XXII Section 280-116 A (1), which states; "All buildings or structures located on lots adjacent to sounds and upon which thee exists a bluffor bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluffor bank." The proposed trellis is noted as being +/- 12 feet, the proposed swimming pool is noted as being +/- 32 feet, and the dwelling is noted as being +/- 62 feet from the top of the bluff; respectively. In addition, the proposed accessory in-ground swimming pool is not permitted pursuant to Article III, Section 280-15, which states that accessory buildings and structures shall be located in the required rear yard. The proposed in-ground swimming pool is noted as being in the side yard. In addition, the proposed accessory garage is not permitted pursuant to Article III, Section 280-15 (C), which states, "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet front yard setback requirements as set forth by this code." Therefore, the proposed construction is not permitted pursuant t~,. 200-124, which states that non-conforming lots, measuring between 20,000 and 39,999 _square feet in total size, require a minimum single side yard setback of 15 feet. The proposed accessotw garage is noted as being +/- 10 feet from the side property line/ This Notice of Disapproval was written based on a survey by John T. Metz~er, LS, dated June 12~ 2008 and amended based on the same survey, updated September 11~ 200.8, · ~'~ ~ ~" '. Note to Applicant: Any change or deviation to the above referenced application, may require fnrther review by the Southold Town Building Department. CC: file, Z.B.A. (Name and title of corporate officer) 11/17/2888 15:13 631-853-~jj4 S C PLANING DEPT PAGE DEPARTMENT OF PLANNINC~ COUNTY OF SUFFOLK RECEIVEO NOV 1 7 2008 STEVE LEVY ZONING BOARD OF APPEAL~ SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DII~ECTOR OF PLANNING November 14, 2008 81/82 Mr. Oerry Ooehfinger, Chair To~ of Southold ZBA 53085 Main Road Soutbold, New York 11971 Dear Mr. Ooehfinger: Pttrsuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission 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 eithor an approval or disapproval. Applicants Mtmicinal File Numbers Holman 6202 Stork,'Ryan&Jennifer 6232 Pmhlow, Theodom 6234 Ya~akis 6237 TKK:ds V~n'y truly yours, Thomas A, Isles, AICP D~lanning Theodore R. Klein SeniorPl~mer LOCATION MAILING ADD~ESS H. LEE DENNISON BLDG. * 4TH FLOOR · P, O, BOX 6100 (4511 853-5191 I00 VETERANS MEMORIAL HIGHWAY HAUPPAUG~, NY 1178l~00'P9 TELECOPIER (631J 853-4044 APPLICATION TO THE SOUTHOLD TOWN BOARD OF. Filed By:~__ Date Assigned/Assignment No. ;a House No. 18805 Street Soundview Avenue Hamlet Southold SCTM 1000Section 51 Block~l Lot(s)~ 14 LotSize 19,243toCZM Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED October 8, 2008 BASED ON MAP July 24, 2007 last dated Sept 11, 1008 Applicant(s)/Owner(s): George Yatrakis Mailing Address: 155 East 76~h Street, NY ~ NY 10021 Telephone: 917-331-9357 Fax #: Email: pcmoorel~optonline.net NOTE: In addition to the abovg, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patrieia C. Moore Esq. Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax#: 765-4643 for (X) Owner, or ( ) Other: Email: _pcmoorel (&optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s),or EAuthorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED _July 24, 2007 last revised Sept 11, 2008__ and DENIED AN APPLICATION DATED October 8, 2008 FOR: E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXII Section 280- 116 Subsection_~A (1) Setbacks to top of bluff Article III, Section 280-15 © Type of Appeal. An Appeal is made for: E 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 has, E has not been made at any time with respect to this property, UNDER Appeal No. Year_ (Please be sure to research before completing this question or call our office fi ~ '- Name of Owner: George Yatrakis ZBAi ile # ~(~'~ ~ ~ ~f'~ REASONS FOR APPEAL (additional sheets ma~, be used with preparer's signatur~ ~: ~ 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: The proposed house is located on the Long Island Sound. The lot is only 100 feet in width and 280 feet in length, however, the topography of the bluff results in two distinct bluffareas. The steeper slope extends to elevation 38 but the bank continues landward and the top of the bank behind the bluff extends to elevation 52. Due to the unusual slopes the setbacks are being measured conservatively from the most landward point of the slope (labeled Top of Bluffon the survey). A dilapidated structure is located at 28 feet from the top of the bluff. If there is a foundation under the building we would request to convert it to a patio with a trellis. This will minimize disturbance to the land. If there is no foundation the entire structure would be removed. The placement of the house has been designed around the sanitary regulations. There is no public water on Sound View Avenue. The neighboring sanitary systems on the west are on the bluff and we must maximize our well to their sanitary and their well to our proposed sanitary. The sanitary must be no less than 10 feet to the foundation of the house. In addition, a sanitary hole was dug to confirm suitable soils. The sanitary location has been excavated and clean sand installed for the proposed sanitary system. As to the pool, the owner wants to be sure that his intentions to build a pool are shown. The pool is placed in the side yard to maximize the setbacks to the top of the bluff. The garage setback is appropriate for a narrow lot and conforms to similar accessory structures on the street. As the garage moves away from the side yard it blocks the front yard and blocks the light and air to the front of the house. (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 setbacks are those required for lots which exceed 20,000 sq.ft., however, there is less than 20,000 sq.ft. Of buildable land and the garage setbacks could be reduced if the land landward of the CEHline were considered. (3) The amount of relief requested is not substantial because: The proposed house is more conforming then adjacent properties. The parcel to the west has a home at the toe of the slope. The development of the adjacent homes creates practical problems on placement of the sanitary system which will comply with sanitary regulations. The top of the bluff was relocated at the recommendation of Joe Fischetti because of the topographic features on this property. The house was pushed back to 62 feet from the top of the bluff. The slope is heavily vegetated and careful pruning may be recommended by Soil & Water to limit wind disturbance. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed plan was completed with careful consideration of sanitary regulations and maximizing setbacks to a conservative estimate of the "top of bank". (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No the development of this lot is constrained by Health Department regulations and the size of the property. There is no threat of erosion to the upland and the setbacks have been taken with the most conservative interpretation of the "Top of the Bluff". Are there Covenants and Restrictions concerning this land: ~ No. Yes (t~lease furnish co~v). Except standard Trustees permit conditions of non-turf buffer and dry-wells. 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 ( ATTACHED USE VARL4NCE SHEET: (Please be sure ~~_orney.) ~igna~tm'e~f Appellant or Authorized Agent Sworn to before me this/0/'~t'' ]i-A'~ent must submit written Authorization from Owner) ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE UNOA F. I~ISY~fi ~'fi ARY R.,IBLIC, 81'ATE OF NEW YORK NO 52-4824771 QUALIFIED IN SUFFOLK COUNTY. ,~ COMMISSION E~IRE$ NOV 30, 20..~..~ day of~,~ff. 20 0~ · APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: George Yatrakis Date Prepared: October 9, 2008 I. For Demolition of Existing Building Areas Please describe areas being removed: all structure retain foundation remains of existing structure - retain foundation if there is a foundation II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 53.5' x 33' and 18' x 24' Dimensions of new second floor: 53.5' x 33' and 18' x 24' Dimensions of floor above second level: none Height (from finished ground to top of ridge): 30'6" to peak Is basement or lowest floor area being constructed? basement and crawl space under ~,araRe If yes, please provide height (above ground) measured from natural existing grade to first floor: 2' 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: V. 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: House 2,270 + GARAGE 720 + POOL 3,502 Proposed increase of building coverage: ALL NEW Square footage of your lot:__19,243 sq.ft.__ Percentage of coverage of your lot by building area: 18.2% V. Purpose of New Construction Requested: construction of house, garage and pool VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): _ adjacent to Long Island Sound Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION George Yatrakis 1000-51-1-14 Is the subject premises listed on the real estate market for sale? [] Yes '~ No Are there any proposals to change or alter land contours? E No [3 Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? ~ 2) Are these areas shown on the map submitted with this application? yes 3) Is the property bulkheaded between the wetlands area and the upland building area? yes 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? ~ Please confirm status of your inquiry or application with the Trustees: Trustees permit pending variance and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Bluff E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: _. G. Do you or any co-owner also own other land close to this parcel? _ no 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 vacant __ and proposed use Residence and pool ~.~.~x~single-family; proposed: same with garage or pool, or other description.) Authorized Signature and Date 2/05; 1/07 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: Gerard P. Goehringer, Chair Town of Southold Zon'ng Board of Apn~ From: Mark Terry LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: January 6, 2009 Re: ZBA File ref. #6237 (YATRAKIS) SCTM#51-1-14 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. The distance from the bluff to the proposed actions (trellis, swimming pool, and residence) are +/- 12 feet~ +/- 32 feet~ and +/- 62 respectivle¥[ a minimum setback distance of 100 feet from the top of the bluff is required pursuant to § 280-116 (below). Please require that the applicant amend the actions to meet and/or further the above policies to the greatest extent practicable. § 280-116 Building setback adjacent to water b Notwithstanding any other provisions of this chapter, the Jbllowing setback requirements shall apply to all buildings located on lots adjacent to water bodies and wetlands: Lots adjacent to Long Island Sound, Fishers Island Sound and Block lsland Sound. All buildings or structures located on lots ac(/acent to sounds' and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than l OO feet from the top of such bluff or bank. In the event that the actions are approved, the following Best Management Practices (BMP's) are recommended to fltrther Policy 4: Minimize loss of life, structures, and natural resources from flooding and erosion and Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. Best Management Practices Recommended: 1) Locate the proposed non-water dependent uses (residence and swimming pool) as far away from the coastal erosion hazard area as practical (see CEHA Figure #1 below). Require the applicant to maximize a 50' perpetual, non-disturbance buffer from the top of bluff maintaining the existing vegetation. Figure #1 CEHA Pursuant to Chapter 268, the Zoning Board of Appeals shall consider thi~/-6~oni~ndation in preparil~ its written determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attorney Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS OCT 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. 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). 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# 1000-51-1-14 PROPOSED NEW HOUSE, SANITARY, POOL AND DETACHED GARAGE AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Zoning Board of Appeals m_ 1 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) [] (c) Permit, approval, license, certification: [] Type: __ Town of Southold LWRP Consistency Assessment Form 1 Nature and extent of action: Construction of new house, garage and pool with sanitary and drainage. Existing remains of house to be demolished and if a foundation exists under the existing structure then leave the foundation and add a trellis over existing remains of foundation Location of action: 18805 Soundview Avenue, Southold Site acreage: 29,118 with buildable area 19242 Present land use: existing remains of a delapidated residence Present zoning classification: R-40 nonconforming 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:George Yatrakis (b) Mailing address: 155 East 76th Street, lC New York, NY Oyster Bay Cove, NY 11791 (c) Telephone number: ( 516 ) 624-0678 (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: __ Town of Southold LWRP Consistency Assessment Form 2 DEVELOPED COAST POLICY ~'~,o~31/~ Policy L Foster a pattern of development in the Town ! that enhances community character, preserves open space, makes efficient use c beneficial use ora coastal location, and minimizes adverse effects of dJg~ioptnent'. Si £WRP Section III- Policies; Page 2for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): A small house was constructed at the top of the bank, it has deteriorated and will be removed. A new house, garage and pool are proposed set back from the top of the bank. The size of the parcel and Health Department regulations prevent compliance with greater setbacks from the top of the bank. The adjacent properties were developed similarly. The parcel to the west has a house on the bank and also a second beach house located at the toe of the slope. Sound View Avenue is heavily developed with nonconforming homes. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): Disturbed property with no historical archeological resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): The proposed house will be conforming to the residential development of the area and will not result in visual impact NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III- Policies Pages 8 through 16for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): the proposed house is set back with the most conservative interpretation of the top of the bank. The property contains two slopes- the steep slope to elevation 36 and then a secondary slope to elevation 52, the adjacent properties were developed on the slope. The proposed house and pool is placed at a conservative setback and with consideration to site conditions. Town of Soulhold LWRP Consistency Assessment Form 3 Policy 5. Protect and improve water quality and supply in the Town of Southold See L WRP Section III- Policies Pages 16 through 21for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): a new sanitary is proposed greater than 100 feet from the top of the hank and maximizing separation from ad|oining wells 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 32for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): the residence will require the property to upgrade and improve existing conditions. Policy T. Protect and improve air quality in the Town of Southold. See LWRP Section lll- Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A 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 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): The new sanitary will be consistent with Coastal Policies 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 111 - Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): The waterfront homes provide a significant economic base to Southold community. The development of this private propert~ will not interfere with public access along the Long Island Sound. }FORKING COAST POLICIES Town of Southold LWRP Consistency Assessment Form Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LI~RP Section III- Policies; Pages 47 through 56for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (ifappropriatc): The proposed residence will be constructed on a preexisting lots which predates Town's regulations. Waterfront residential parcels are considered water enhanced uses which are a significant exonomic base in the community. 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 62for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A Policy 12. Protect agricultural lands in the Town of Southold. See L ~VRP Section 111 - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 TRANSACTIONAL DISCLOSURE FORM APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. George Yatrakis and Patricia C. Moore Esq. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance X Trustees *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, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP- NONE ~t' /~' ..Subn)itted thisOctober 9, 2008 George Yatrakis: _~ Patricia C. Moore Esq.: TOWN OF SOU'I:HOLD PIIOPERTY RECORD CARD OWNER STREET.,/ I VILLAGE DISTRICT SUB. LOT j . / t~ PE OF BUILDING -'~ ,,' ~ VL, SEAS. LAND IMP. FARM COMiM. j IND. CB. TOTAL DATE REMARKS · ', (. ..... . /, ._.. ~ -4 AGE ! BUILDING CONDITION NEW NORMAL BELOW f J Value Per Acre Value Farm ~ Acr~ Tillable I I TiltabJe 2 k .............. I i ............................. Tillable 3 , Woodland Swampland r ............ [ J Brushland Nouse Plot t J ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF 'viTAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville October 16, 2008 Zoning Appeal No. 6237 Transmitted herewith is Zoning Appeals No. 6237 of Patricia Moore for George & Maria Yatrakis- thc Application to thc Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, LWRP Consistency Assessment Form, Transactional Disclosure Form, Authorization Letter from George & Maria Yatrakis to Patricia Moore to represent them in this matter, 2 Pages (4 Photos) of photos of Property as it Exists & Stakes showing site of proposed house, I page of Property Record Card, Notice of Disapproval from Building Department Amended October 8, 2008, Copy of Survey Showing Proposed Construction Dated September 11, 2008 Prepared by Peconic Surveyors, P.C., 3 Pages of Floor Plans Showing First & Second Floor Plans & Elevations of Building Revised October 10, 2008 Prepared by Chorno Associates. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 10/15/08 * * * RECEIPT * * * Receipt#: 29763 Transaction(s): 1 1 Application Fees Reference Subtotal 6237 $600.00 Check#: 7367 Total Paid: $600.00 Name: Moore, Patricia 51020 Main Rd Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6237 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 10/15/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIYED YATRAKIS, George & 7367 $600.00 623'7 Maria OCT 1 5 2008 So Jthold Town Clerk $600.00 By ~/' Thank ou. PATRICIA C. MOORE A~torney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Southold Town Zoning Board of Appeals Gerard Goehringer and Board Main Road Southold, NY 11971 Attention: Linda October 31, 2008 RE: Yatrakis SCTM: 1000-51-1-14 Dear Linda: In response to your notice of incomplete application dated October 16th, enclosed please find 8 copies of a cross section of the pool prepared by Joseph Fischetti, PE.~ with a notation on the plans that the ~'pool equipment will be located in the house basement". The missing set of building plans was deliver the following day by Betsey from my office. I believe the file is now complete, however, if you need anything else do not hesitate to call me. O oc~'fiti~n: Town Annex/First Floor, North Fork Bank ~4375 Main Road (at Youngs Avenue) 3outhold NY 11971 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 REPLY FORM DATE: May 9, 2008 ~ ;~'/S:-P,~.. Regular Mail and Fax Transmission TO: Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 Date of Building Inspector's Notice of Disapprovah March 27, 2008 CTM 1000-51-1-14 (Yatrakis, formerly Gotsis) (X) The application is returned for the reasons noted below. Information has been received indicating that lot coverage calculations would be necessary, after deducting the Coastal Erosion Hazard (CZM line) and bluff areas, based on the code definition of a buildable lot (copy of code attached for easy reference). Please submit together with all of the following information to the Board of Appeals, after submitting the corrected lot coverage calculations to the Building Inspector for review and code determination. When possible (8 sets including cover letter for re-submission of documents for filing): (X) Filing fee $600 (check $400 is enclosed). (X) Questionnaire Form (please refer to town question at paragraph C enclosed) (X ) Site info missing: pool equipment location and type of construction (or landscaping) around pool; setback missing measured at closest point from top of bluff; dimensions on site survey do not match dimensions of house with porch and steps shown on building diagrams. (X) Missing: rough diagram or sketch with building height (# of stories and distance from ground to top/ridge detail for garage; also missing sketch or diagram showing depth/elevation of proposed pool. (X) Missing: calculations in square footage and percentages and size of buildable lot after deducting area between CZM, bluff to property line adjacent to waterway, of all existing and proposed areas (copy of code definitions attached). (X) Missing: photos of area between top of bluff and street, existing structures if any; tax property card, copies or letter confirming C&Rs. Thank you. Encls. Apr 20 09 01:14p Miller Montiel Strano ,/~/- ,¢--- LAW OFFICES OF EDMUND RESCINITI HENRY NORR KALOW 5164842130 p.1 99 POWERHOUSE ROAD Fax: [718) 647-2391 [516) 4~2130 April 20, 2009 yia Fax ~ 63~-765-9064 Sou~hold Town Zoning Board 54375 Route 25 Southold, NY 11971 Re: YaSrakis #6237 Gentlemen: I am the owner of a house and lot two lo5s west of the subject matter above referenced. Not being able to attend the variance hearing on April 23, 2009, please have the record reflect that once again Z request that the variance be denied as inimical to the fragile nature of the bluff which is experiencing annual erosion. Any pool to be installed should be at least 100 feet from the top edge of the bluff. The subject pool should in all respect be denied as dangerous to the land and water supply of this and adjacent properties. Re s p e~ e~fu 11 y..,g'~b~m~t 18575 ~o'un¢"iew Avenue ~outhol~ 11971 SER:ka Jan 06 00 02:54p Milie~ Montini Sban~ Law offices of S. Edmund Resciniti MILLER, b~ONTiEL & ~TR'AJ~O, ~:C Sure 104 R~ly~ Heig3~s. NY 115'77 TM, e: Fax: ~F~8) 647-2391 VIA FEDEX Mr. James King Southold Board of'rrustees Town Hall P.O. Box 1179 Southold, NY 1 '1971 January' 6, 2009 Re: YATRAK!S PERMIT 18805 Soundview Avenue Dear Mr. King: 1 own ~18575 Sound'view Avenue in Southotd - the second prope~!y west of the above referenced subject Regarding the pool request, I do believe that the proposal should be denied as in!mical to the water supply as welJ as the ongoing erosion of the bluff. It would be detrimental to tha erwiro~,men~ to permit a large b.uildin9 and pool o~~ the subject ;et which should be at least 100 feet from :he hi§h tide mark which is very close to the bluff, Unfortunately, I will not be able to a[tend tbs hearing but wish to be on record as to my sedous concern to the granting cf this vadance to the existing zonir~g regulations. SER/ka b.c.c.: MS. ~eatrice ~pont 25 E. 8!~ Street New York, NY 10028 S/EDM~ N D RESCINITJ April 19, 2009 Attention: SOUTHOLD TOWN ZONING BOARD Regarding: Item//6237, Yatrakis, April 23, 2009 Dear Board Members: I am the neighbor immediately to the East of this property. First, I would like to take this opportunity to applaud you on your continued belief that construction within 100 feet of the bluff, as clearly stated by Zoning Code, cannot be allowed without catastrophic repercussions. The continued insistence by the Yatrakis family and their attorney that exceptions to this should be allowed is arrogance at its best. Surely they were advised, prior to purchasing this property, of the limitations of their plans. Do they believe that if they just continue to attempt to violate the policy that the neighbors and the Zoning Board will eventually just call it quits and allow them to proceed? Their new proposal of a swimming pool, at 75 feet from the bluff, and a stifling 15 feet from my property line, is rude to the point where I don't know if I should laugh or cry. The waterfront homes on Soundview Ave. are peace and serenity at its best, and we have always been respectful of onc~3ther to continue in that vein. There IS such a thing as NOISE POLLUTION. A swimming pool can only mean screaming kids and blasting radios. An in-ground pool may be a status symbol for the homeowner, but a headache for everyone else. They will be lowering the value of my property to satisfy their own ego's and I cannot tell you how much I resent it, nor can I even believe that they would suggest it at less than 100 feet from the bluff. Please, continue to say a firm "NO" to these city dwellers who just don't seem to "get it" and just don't seem to care. Sincerely, Linda Couture-Liebl APR 21 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK: STATE OF NEW YORK TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Southold Town Hall Southold, New York January 8, 2009 10:00 a.m. Board Members Present: GERARD P. GOEHRINGER - Chairman/Member RUTH OLIVA - Member (10:17 a.m. to end) JAMES DINIZIO, JR. - Member MICHAEL A. SIMON - Member LESLIE KANES WEISMAN - Member LINDA KOWALSKI - Board Assistant KIERAN CORCORAN - Assistant Town Attorney (1:35 to end) Reporting and Transcr pt on ervice Pugliese Court (631) 878-8355 ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - January 8, 2 2009// INDEX OF HEARINGS Hearing: Page: Jennifer Jacobs and Clayton Gates #6206 3-9 Anthony and Barbara Bonagura #6206 10-19 Michael K. and Therese Hughes #6236 20-53 Diane Mulvaney and Berry J. Bresloff #6228 54-60 Robert Bergamini #6241 61-65 Ronald Zito #6233 66-70 Jacqueline Moskowitz #6238 71-90 Theodore E. Prahlow #6234 91-157 Andrew and Elizabeth Greene #6235 158-191 2000 Broadwaters LLC #6186 192-208 Thomas G. and Joyce I. Messina #6223 209-229 ~-~eorge_ Yatraki$_ # 6~-2~~~ ~T--~ 230-277 Traendly and Cadwallader #6207, 6264, 6154 278-308 Romanelli Realty Inc. #6268 309-320 Pugliese Cou~ Reporting and Transcription Service (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 230 ZBA Town of Southold - January 8, 2009 HEARING ~6237 - George Yatrakis MEMBER SIMON: ~Request for Variances under Sections 280-15C and 280-116A(1), based on the Building Inspector's October 8, 2008 Notice of Disapproval concerning a proposed dwelling, swimming pool, trellis and accessory garage. The reasons stated for disapproving the building permit application are: (1) the proposed locations of the trellis to be added to the house, and accessory swimming pool, are not permitted at less than 100 feet from the top of the bluff or bank on lots adjacent to the L.I. Sound; (2) the in-ground swimming pool is also proposed in a side yard, rather than the code-permitted front yard in the case of a waterfront lot, or code-permitted rear yard; (3) new construction is proposed at less than the code-required minimum of 15 feet on a single side yard. Location of Property: 18805 Soundview Avenue, Southold; CTM 51-1- 14." MRS. MOORE: Yes, Thank you very much. I have with me this afternoon, I have Mr. and Mrs. Yatrakis, the owners of the property. I PuglieseCou~ Repo~ingandT~nscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 231 ZBA Town of Southold - January 8, 2009 also have Joe Fischetti who's been helping me in both analyzing the bluff as well as the sanitary issues that are complex here on any piece of property. This piece has no public water so we deal with wells and sanitary locations. So right off the bat I asked Joe to assist me as a professional engineer. I also have Angel Chorno, the architect, and he's here if we need his help, but I think for the most part I'll have Joe Fisch~tti testify with respect to issues here on this property'. I'll start off with as you know this is a vacant parcel. Well, it has a building at the top of the bank. It is a dilapidated structure and the intention is that that building will be removed. So it -- from your inspection it's probably already close to being removed by nature anyway. The -- when we began this application and I gave you two surveys so you could see how we mitigated right from the beginning. When this survey was first done for Mr. Yatrakis, the surveyor John Metzger, Peconic Surveyors, identified the top of the bank or the top of the bluff and he uses the term, cause we asked him Joe Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 232 ZBA Town of Southold - January 8, 2009 and I both in a conference call with John, we said is there a difference in your terminology and as far as he as a surveyor is concerned he uses the term top of bank and top of bluff interchangeably. So in his survey he uses one and we had him just correct terminologies, but he began when he first did the survey for my client he identified the top of the bank where it appears between the 30 and 38 foot elevations. You can see that on -- I highlighted it for you to make the line easier to see, and you can see and we asked him why was it that you identified this being the top of the bank? He said, well as a surveyor I look at the soil conditions and vegetation and base the determination as a professional where the top of the bank appears to be based on the material, the sand material where it converts over to a slope and, in this instance, he felt comfortable that in his opinion the top of the bank was still where he originally identified it, but what we did when Joe and I first went and looked at the property we both felt that conservatively we felt that for the benefit of the client, the benefit of the design of soil Pugliese Court Reporting and Transcription Service (631) 878-8355 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 233 ZBA Town of Southold - January 8, 2009 improvements that we would identify the top of the bluff at the 52-foot elevation. We have an interesting situation here with this property there is a bluff and then there's the bank and it's almost like a double, the topography there's almost a double steep slope, which is where John had originally identified fop of bank and then there's a lesser slope and vegetation that reaches a plateau which is where we identified the top of the bluff. So we're saying to you right from the beginning, we've used the top of the bluff as the most conservative top of bluff in setbacks and that's what the Building Department used for their Notice of Disapproval. Is that what you're about to ask me or you look like you almost have a question to ask me. ASST. TOWN ATTORNEY: Everything you're saying is taking away my questions, which is good. MRS. MOORE: Okay, good. I'm glad, that's my job. ASST. TOWN ATTORNEY: It sounds like you're using the furthest landward definition PuglJeseCou~ Repo~ingandT~nscripttonSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 234 ZBA Town of Southold - January 8, 2009 MRS. MOORE: Yes. Right. ASST. TOWN ATTORNEY: -- or precipitous edge as our Code reads it, but if you're going the other way, it would get complicated, but it looks like you're coming back. MRS. MOORE: Yes. Right. Thank you. Okay, well I'm glad we answered the questions. In any case what I want to express to you is that my client right from the beginning we were trying to address the existing conditions of this property and took the most conservative approach. We also have the Coastal Erosion Hazard Line, which is kind of bisects the two lines and we are well -- we are landward of that as well. ASST. TOWN ATTORNEY: Just so we're clear, I'm sorry. MRS. MOORE: Yes? I know you guys were talking over there. ASST. TOWN ATTORNEY: Well, no, I just want to make sure we're on the same page. So the distances we're using for this application are the 62-foot and the 32-foot, not the 70 and -- PuglieseCou~ Repo~ingandTranscrtptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - January 8, 2009 235 MRS. MOORE: Correct, yes. Yes. ASST. TOWN ATTORNEY: Okay. MRS. MOORE: That's why I mentioned it. It was the final, the survey that is identified as last revised was September 11, 2008 is the one that the Notice of Disapproval is based on. BOARD ASST.: So we should be using the map then that's -- MRS. MOORE: Yes. BOARD ASST.: -- dated September 11, 2008 and not the map that you just gave us, March 12. ~RS. MOORE: Yes, for -- yes, I gave you -- I was not trying to confuse you, I was trying to give you the illustration of how we were mitigating the condition and taking the most conservative approach possible for that purpose. I also gave you a photograph that amazing satellite imagery that shows you the development of properties along the Sound here. Where the property to the east and the west of us is developed and it's very -- to the west of us, for example, I have, and Mr. Pugliese Cou~ Reposing and TranscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 236 ZBA Town of Southold - January 8, 2009 Goehringer has the benefit of my client's Google map that is better than ours, which has a really nice angle coming from -- aerial looking from the Long Island Sound to the property. It has a very nice close up and it shows that on the west side and the property known as Beatrice Dupont's that has a house that is almost right on the Coastal Erosion Line, the primary dwelling, and then there is also another beach house and dwelling and deck which is showing very clearly on our survey, but also on the aerial photograph that is down at the beach and so clearly the properties along this area on Soundview Avenue have been heavily developed along this Sound-front and then you also see obviously homes further to the west that they are also equally developed close to the top of the bluff. To the west of us as well, we have (inaudible) showing on my survey and I apologize if I misidentify the owner now or formerly, the house on the east side of us the house also is very close to the Sound and all of these, what's interesting to see on the aerial is that when they were clearing their Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 237 ZBA Town of Southold - January 8, 2009 property and creating yards they actually looked at the top of bluff that would have been John Metzger's original map that I gave you for illustration. So, again, our property is being developed in much more conservative fashion than the surrounding properties, but there is clearly the character of.the area here is Sound-front homes closely set to the top of the bank or top of bluff. Now, so as I've now explained the two documents I gave you. When we began, as we do with any vacant property, we are not only constrained from setbacks from the bluff, but we are also constrained by the sanitary regulations and in this along Soundview Avenue public water has not been extended to this area, so we are constrained by people's well that -- and you can see from our survey, we have had to place our sanitary system at a minimum of 100 feet if not more, the Code requires 150 unless the well is going to be -- can go down to 40 feet, but for the most part we can't, we are nonconforming with respect to setbacks from our neighboring wells and from our own well to PuglieseCou~ Repo~ingand/ranscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 238 ZBA Town of Southold - January 8, 2009 sanitary. We are before the Board of Review and Joe Fischetti will do a sanitary report and will present all that to the Board of Review at the Health Department and he is confident that the Board of Review will grant this because our well, the well to sanitary is -- the well is up gradient from the sanitary, so there really aren't issues of health here. When it comes to the placement ~f the house, we are again constrained by where our sanitary has to go and where the house can fit around the sanitary. $o that was done early on and we actually have the sanitary. As part of the sanitary regulations, we have to dig the hole confirm that the quality of the subsoils are adequate for sanitary and fill the hole up back with sand and that was done so they actually have an approved area that has been reviewed by the Health Department, but that's still pending.. So now we come t~ the point where we've got the sanitary, identified neighboring wells and also, I don't want to forget, my client did approach the Water Authority. They offered to extend the water line at a cost of Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 239 ZBA Town of Southold - January 8, 2009 about $200,000.00, but with the understanding that we needed to find out if neighbors would want to hook up and my client they tell me on Thanksgiving Day went door to door to everybody along the street and Said, listen if we, you know, it's best if we all connect to public water that's the right thing to do here. No one was interested, actually two houses were interested, but that would not have been enough for the Water Authority to do it without imposing a significant expense. Our --the neighbors on both sides of us were not interested in connecting to public water, had they been interested in doing that, certainly that would have eliminated many of the issues that we are faced here, but that is their prerogative and we must honor that. So we now put the house on the property. We have tried to maximize the setback of the house. My client does want a pool and we wanted to make sure that right from the beginning we made provisions for placement of a pool which as many of these Sound-front houses the pool is in the side yard because everything we're trying to move everything PuglJeseCou~ Repo~lngand T~nscrJ~JonSe~Jce (631)878-83S5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 240 ZBA Town of Southold - January 8, 2009 back. The survey that you have shows a patio, but that is a pervious patio on grade. It is not a variance -- you don't need to issue variances on that, but I used the same survey for the Trustees and we want to show where all activity is. So when you see the patio that surrounds the pool and in the back of the house, that is a on-grade pervious patio. So our setbacks remain 32 and 62 from the house. 62 from the house and 32 from the pool. The variance for the garage, well it would be logical that on -- unfortunately, our Code has not caught up with the setback issues when you're dealing with waterfront properties where you're discounting development area, but you're still using the setbacks applicable to square footage of the entire property, so to make this garage conforming it would essentially be placed right in the middle of the property and would be very aesthetically unpleasing to anybody to have the first thing that you do as you come to a property to have garage centered right in the middle of a property. So our request is for a variance to move the garage over to a 10-foot setback, PuglieseCou~ Repo~ingandTranscriptlonSe~ice (631)878-8355 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 241 ZBA Town of Southold - January 8, 2009 which was the old Code and placing it in a more reasonable location when it comes to proportionally with the house and the -- the house. So I think I've given you a rundown of everything I can think of at this point. I do have Joe here and he can certainly give you some information on the sanitary and on the bluff, but if you have specific questions or would you like Joe to come up at this point? CHAIRMAN GOERRINGER: I have no objection to Mr. Fischetti ever coming up, but the question I have -- MRS. MOORE: I thought there was a question. CHAIRMAN GOEHRINGER: -- is you need to address the LWRP and the Soil and Water letters. MRS. MOORE: Okay, well the LWRP~ as you know this property is preexisting and any development within 100 feet of the top of the bank and, again, we've used the more conservative, we would have been further back, we would have been at 70 had we used the top of the bank that was previously identified, we PuglieseCou~ Repo~ingandTranscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 242 ZBA Town of Southold - January 8, 2009 can't -- LWRP all we can do is deal with drainage issues, make sure there's no drainage and we've mitigated already we've incorporated many of the mitigation measures that I've discussed to address LWRP, but as you know the LWRP says you're inconsistent if you're within 100 feet. Well and we've done -- CHAIRMAN GOEHRINGER: Would you submit a letter indicating every one of those areas that you've done? MRS. MOORE: Okay, I will do that, that's not a problem. CHAIRMAN GOEHRINGER: Okay, what about -- MRS. MOORE: Soil and Water. Soil and Water actually made some very helpful comments. We have no issues with them. We felt where Soil and Water deals with the making sure that we don't have water runoff going down the bank. MEMBER OLIVA: Right. MRS. MOORE: And that certainly is our intent here and our goal. We will have drywells for all structures. We will make sure that no water runs down. They suggested a small berm to change the -- to make sure PuglieseCou~ Repo~ingand TranscriptionSe~ice (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 243 ZBA Town of Southold - January 8, 2009 leave it in, wanted that problem. that the grade -- we have no problem. It would be a small berm that could be easily accomplished at the top of the bluff or within the area where the old building remains show. We could certainly incorporate that into our ultimate plan and I would obviously need the Trustees to agree to that because there would be activity involved with a berm. MEMBER SIMON: Does that mean you're withdrawing the part of the trellis? MRS. MOORE: I'm sorry, we didn't know what to do with this building, quite frankly. We -- if the Board feels that -- oh yes. Soil and Water suggests that that not be there. MEMBER SIMON: Yes. MRS. MOORE: Yes, we would agree, we have no problem with that. We didn't really know at the time that the first application went in it was included and we said, alright, fine, but we anticipated that if you removed that would not be a it CHAIRMAN GOEHRINGER: from the application? MRS. MOORE: Trellis You're withdrawing and any structure in Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 244 ZBA Town of Southold - January 8, 2009 that area would be removed and not replaced. MEMBER SIMON: Right. CHAIRMAN GOEHRINGER: Okay. MRS. MOORE: That's all. So, yes, we . would concur with Soil and Water's recommendations there. CHAIRMAN GOEHRINGER: Are you going to stabilize any portion of that area of the bluff that's eroding? I'm talking about -- I'm not necessarily -- that has been scored, okay. MRS. MOORE: Well, we would like to, very much we would like to and the problem is that you can't do anything there without the DEC's involvement. We have a plan in the Works and we have -- we propose, actually we have applied to the DEC with a plan, but they didn't like our drawing. It had been done by someone, a friend of Mr. Yatrakis. It was very clear, it was lovely, but it wasn't signed and we've -- they weren't happy with it, so I'm actually in the midst of getting somebody that can, you know, sign it, sign-off and it was either -- it's probably going to involve some form of a retaining wall -- What PuglieseCou~ Repo~ingand Transcri~ionSe~ice (631)878-8355 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - January 8, 2009 was it? MR. MRS. MOORE: MR. YATRAKIS: MRS. MOORE: rocks at the toe. BOARD ASST.: use the mike. MRS. MOORE: FISCHETTI: It's a retaining wall. It's a retaining wall, um -- The bottom has rocks. Yes, I'm sorry, with some Identify the speakers and I'm sorry, they're helping me remember what the plan was. CHAIRMAN GOEHRINGER: It was Mr. Fischetti and Mr. Yatrakis. MRS. MOORE: Yes. It was some rock revetment at the toe of the slope, but my biggest concern, our biggest concern was to stabilize that sandy area that has.eroded due to water that has come off and, quite frankly, it's due to water runoff that's coming from adjacent property that we have to address and, in fact, we wrote -- the Trustees I believe had issue with a pipe that was exposed and not our pipe, it was a neighboring pipe that I think has to be dealt with. So that will be addressed, but we're right in the midst of doing it and I can't tell you how it's going PuglieseCou~Repo~ingandTranscriptionSe~ice (631)878-8355 245 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 246 ZBA Town of Southold - January 8, 2009 to be done because we have to defer to an engineer and with the DEC's help; but yes, that is part of the overall plan here. CHAIRMAN GOEHRINGER: Is that engineer present today? MRS. MOORE: No, I asked Joe if he -- Joe speak for yourself. CHAIRMAN GOEHRINGER: Before he speaks, that is -- MRS. MOORE: Yes? CHAIRMAN GOEHRINGER: -- you're going to now indicate also in a letter to us that you - MRS. MOORE: I can, what I can do is give you the plan we've submitted to DEC, which was not an engineered plan, and we have to convert it and get it designed. Joe, why don't you come up? I have it here, I can give you a copy of it -- I'll do it by letter. MR. FISCHETTI: It's a retaining wall -- BOARD ASST.: Joe Fischetti speaking for the record. MR. FISCHETTI: Joe Fischetti, Southold. CHAIRMAN GOEHRINGER: Could you just pull PuglieseCou~ ReportingandTranscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - January 8, 2009 247 that mike down a little? Thank you. MR. FISCHETTI: Yeah, the wall that was there that Pat and I met about, it's a little tricky in that it will need tiebacks into the bluff and probably screw ties and you really need somebody, a geological engineer, to really do that and sometimes you just, you let it go to the professionals and to the ones who are good at it. I mean I've done retaining walls before, but this needs somebody who's a little bit better at it to do a perfect job with those tiebacks. So, no, I will not be doing that particular one. I gave her some recommendations for other engineers to do that. MRS. MOORE: I actually did find, I'll put it, submit it to you now, it was the plan that had originally been submitted to the DEC, but when Joe and I, when Joe looked at it he said, this retaining wall doesn't show the tiebacks, the engineering behind it that we need, and this was a nice plan, it's just not fully engineered, but it can give you an idea of what we do want to accomplish here. It does not impede our ability to develop the Puglie~eCourtReportingand Transcri~ionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 248 ZBA Town of Southold - January 8, 2009 land portion, the upland portion, but it is the ultimate overall plan for the development of this property. CHAIRMAN GOEHRINGER: We're using that as a more consistent aspect. MRS. MOORE: Oh fine. This can, well, you can certainly (inaudible) as to the LWRP. If you want to say that -- we've already all agreed we want to do it. We just have -- we need permission from the DEC. You can't do any of this without the Trustees and DEC, the DEC probably taking the primary role here. So I wouldn't want any application conditioned on it because that.-- the DEC, as you know, could be two, three years or, you know, multiple revisions back and forth, but it is the ultimate goal here to address the condition of the bluff through either vegetation or some form of structure to the extent the DEC and Trustees allow us to do it. So that is certainly the LWRP -- Soil and Water I think is the one where that came from and for LWRP as far as making the project more consistent, we are addressing the long term stability of this bluff. PuglieseCou~ Repo~ingandlranscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 249 ZBA Town of Southold - January 8, 2009 CHAIRMAN GOEHRINGER: Are you referring to, Mr. Fischetti~ not that you would be doing this, a stepping process in that area? MR. FISCHETTI: It's'just one wall and then backfilling that wall. CHAIRMAN GOEHRINGER: I see. MR. FISCHETTI: That's all we'd need. CHAIRMAN GOEHRINGER: need. Thank you. MR. FISCHETTI: Yes. That's all it would You can see from that drawing and that would take some new structure to handle that and the tiebacks going into the wall and not actually sinking piles because I don't -- you can't get piles in, John Costello talked about that. You can't get (inaudible) over there, so you have to use screw ties and those are easier to deal with at that point, but (inaudible) engineering and soil analysis., MRS. MOORE: Yes. Mr. -- Dr. Yatrakis just gave me a letter that Costello and I'll just piece from it, he said that a simple solution would be to hydro-seed both areas of erosion and redirect the water coming off the road. So he suggested Tim Coffey, Tim Coffey PuglieseCou~ Repo~ingandT~nscri~ionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 250 ZBA Town of Southold -January 8, 2009 is an example, but it would be hydro-seeding. So if you wanted to make that as a -- that certainly is a reasonable condition. I don't think any -- I don't think I need Trustees' approval for hydro-seeding. The DEC I know I don't need. CHAIRMAN GOEHRINGER: Is that on the upland area or the bluff area? MRS. MOORE: No bluff. We're only talking about the bluff. The upland area is not an issue we have, it's vegetated. It's actually vegetated from the lower bluff to the upper bluff. That whole area is already vegetated and water runoff will be addressed with our development and if we implement a small berm at the top so that -- between the, I think the best location for a berm would be where that little structure is. That general area would make sense because you'd create an impediment to water. Obviously, water doesn't run uphill, so we want to create a grade that prevents any water from going down the bluff. Okay. MR. FISCHETTI: Let me discuss the sanitary issue here. I got involved in this PuglieseCou~ Repo~ingandTranscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - January 8, 2009 251 job early on because when I analyzed the property for the sanitary. If you notice the McDonald test hole data, we have clay sand down to 42 feet, which is always a problem on the bluff area for sanitaries. I've done probably a couple of dozen of these on the bluff and what happens is, depending on the soil conditions and if we hit rock or we hit boulders, where you think you can put a sanitary may not be where you can put it. So I told Dr. Yatrakis early on, I said, we're going to have to locate the sanitary, go in there, see if we can actually dig this soil, and, if we can't, we need to move it to where we can actually dig this sanitary system. When I finish that, then you can work around me and that's actually what we did. A few months ago, towards the summer, we got a crane in there and we -- and Pat said it was approved by the Health Department, it wasn't, cause they wouldn't even talk to us because we didn't have a submission, so we're really trying to figure out what's happening here. So we got a crane in there and we dug down and we found, we broke through the clay, PuglieseCou~ Repo~ingandTranscriptionSe~ice (631)878-8355 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1'8 19 20 21 22 23 24 25 252 ZBA Town of Southold - January 8, 2009 we went down to good soil, we backfilled it all and I said, we got a hole. So at that point we designed the house and the well systems around that, basically, and that's where that is right now. So what we'll do, our submission, we do have 65 feet and 110 feet and 100 feet from adjacent wells and the proposed well. Both of them -- all the wells are up gradient and lateral. I have gone to the Board of Review and they will approve these. These are outside the area of influence of the wells where you won't be sucking in any effluent. So this is approvable and that's what I told Dr. Yatrakis at that point. So we're kind of working around that hole when we designed this and that's what you have right now. MEMBER SIMON: Regarding something about a 32-foot setback for the swimming pool and a lot about general questions about protecting the bluff and so forth, but the 32-foot setback for a swimming pool is pretty minimal by our past standards.. Pat, do you want to comment on that? MRS. MOORE: Okay. The reason actually I PuglieseCourtRepo~ingandTran$criptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 253 ZBA Town of Southold - January. 8, 2009 gave you the old map because again our 32-foot is from a secondary conservative top of bluff where the -- we're actually at 50 feet, yeah, we're about 20 feet further in from the measurement that we have for the Building Department versus what is the topographic features and setbacks that are there. So I appreciate the fact that numerically it looks very -- it looks like a short distance. ' MEMBER SIMON: Right. MRS. MOORE: But I would also point out look at the neighboring houses, their full homes are essentially less than 32 feet because our pool is further away than the neighbor's house, which is looking at their existing beach house 'and how, you know, going up their house is probably right at the Coastal Erosion Hazard Line when I scale it out from the aerial and our survey. So that is the way the area is developed. I appreciate that 32 feet numerically is a tight, tight distance, but it is actually 20 feet back from what could, you know, we could have been pushing is a top of the bluff/bank that the surveyor identified. PuglJeseCou~ Repo~ingand Transcri~ionSe~ice (631)878-835S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 254 ZBA Town of Southold - January 8, 2009 MEMBER WEISMAN: Yeah, but you can't -- but you can't keep going back and forth as it Suits you in terms of dimensions. I mean -- MRS. MOORE: No, no. MEMBER WEISMAN: -- the bottom line is the Notice of Disapproval is congruent with your survey that you said we're going to be using. MRS, MOORE: But let me -- MEMBER WEISMAN: That survey says, just a minute -- MRS. MOORE: Okay. MEMBER WEISMAN: -- 32 feet. Now, it's also a side yard. This is a brand-new house. MRS. MOORE: Right. MEMBER WEISMAN: It can be designed in a million different ways. Having described all of the issues with the sanitary, you can also have issues with digging for a swimming pool on this property, period. There is no reason why you cannot either eliminate the pool or design it in such a way that it's in the front yard. You know, I mean the house is.being proposed at 62 feet, the current bluff has substantial erosion, which by anyone's and Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 255 ZBA Town of Southold - January 8, 2009 everyone knows and admits it, okay? There is significant erosion. We were all at that site, walked it, you know, practically fell over the side of the bluff. As far as I'm concerned that's practical today on what we have to adhere to, not the way the neighborhood developed without benefit of environmental consciousness. We have laws that reflect a greater awareness about preservation of property and life and the natural landscape than we had then and so I think those arguments are really not on the table about the fact that some neighbor's property is much closer. Would that we could lift it and push it back, but it's there. It doesn't mean that you repeat the problem. I think on a brand-new property -- it's one thing if you bought an existing house and were trying to fit in an accessory structure, but when you can design with a blank slate, this is a five-bedroom house you're proposing and it is substantial and, you know, I think 62 feet from the top of that bluff is too close to that bluff. I think your argument that it's all based upon position of the PuglieseCou~ Repo~ingand Transcri~ionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 ZBA Town of Southold - January 8, 2009 sanitary tells me that either you make a smaller house so that you have a better setback or you find a way to change the sanitary so that this is set closer to the road and farther from the bluff. MRS. MOORE: My point is that with respect to the setback 32 feet I would point that when you look at a house that is 32 feet from a road, but in fact a drive -- the roadway has another 20 feet of green space before you actually get to the road, that's the point I'm trying to make. That numerically when you're looking at a survey, 32 feet, yes, I grant you is close, but, in fact, we have some room to play with. We have 20 feet where we do have -- MEMBER SIMON: But that's in dispute. MRS. MOORE: -- a bluff that is -- pardon me? MEMBER SIMON: That's in dispute whether you have 20 feet to play with. I mean, far be it for me to disagree with a conservative assessment of this (inaudible) line -- MRS. MOORE: We -- I understand, but I -- MEMBER SIMON: -- but you can't assume PuglJeseCourtReportJngandTranscri~ionSe~lce (631)878-8355 256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - January 8, 2009 257 that that's -- MRS. MOORE: Well we need some guidance - - if you say 32 is too close, we want -- my client wants a pool and it's a proposed pool in a side yard. As you said, if we're with a clean slate or with a undesigned house, if you say well we don't want a house or a pool closer than the pool 60, the house 62, well okay. We know what our parameters are. That we're here with a variance for a pool in a side yard, it gives us the flexibility to work with a the setback of where this pool should go and if my client has to go back and redesign a house because he really, really, really wants it or doesn't want to give up a pool and I've had clients that were willing to give up the design of their house because the pool was the paramount desire. We just need to know what our parameters are. MEMBER SIMON: For the sake of accommodation, we're talking about not giving up the design of the house, we're talking about making an accommodation to satisfy all of the client's needs. If the client wants the pool, the client may have to make a PuglieseCou~ Repo~ingandTranscriptionSe~ice (631)878-8355 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 258 ZBA Town of Southold - January 8, 2009 decision as to how the house is going to be located. These things are all interconnected, that's the beauty of dealing with an undeveloped piece of land. MRS. MOORE: Right. MEMBER SIMON: And so sometimes the reasons are different. The lot is not 200 feet wide, but it is 100 feet wide. MRS. MOORE: Um-hmm. MEMBER SIMON: That's not t~rribly narrow and to get back to my point is that because the garage should not be closer to the center than it would be with a variance along 10 feet rather than 15 feet, okay, maybe yes, maybe no. These, all things have to be adjusted. Everything is up for grabs at this point because there is nothing that's already in the ground and the pool, how big a pool, where you want the pool, what affect that's going to have on the size and location of the house and the garage, by the way, all these things are going to have to be considered and I don't think we've very close to a position where we can talk about alternative relief because there are some hard decisions. We're not in PuglJese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - January 8, 2009 259 the business of designing or creating site plans. We're in the business of tweaking them, sometimes. So I just think from Leslie's questions and others' that there is a lot more work that still has to be done. Obviously they want you to get your house and have as many things on that property as you possibly can, but something's have to give, clearly. MRS. MOORE: Okay, the problem we have is which comes first, the chicken or the egg here. We can design and I've had these applications where I've designed four or five times and then the decision comes back in such a way, I say why did we waste five designs? So I need a little guidance from this Board sometimes because I don't want to waste a lot of back and forth. CHAIRMD~N GOEHRINGER: Pat, it's clear that the kitchen/laundry room has to be moved if you want to move the pool back. It's clear, okay. MRS. MOORE: Can I (inaudible) -- CHAIRMAN GOEHRINGER: And that's the (inaudible) of the house. PuglieseCou~Repo~JngandTranscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 260 ZBA Town of Southold - January 8, 2009 MRS. MOORE: Alright, help me out, I'm looking at the survey, I'm not looking at the design. CHAIRMAN GOEHRINGER: We're looking at that westerly addition. MRS. MOORE: Oh, that -- CHAIRMAN GOEHRINGER: 18 by 24. MRS. MOORE: Thank you, alright. CHAIRMAN GOEHRINGER: That has to be exhumed more into the house and the pool has to be moved back farther. MRS. MOORE: Um-hmm, but it still requires a variance of a pool in a side yard, that's what I'm saying. CHAIRMAN GOEHRINGER: That's true. MRS. MOORE: And my client does not want a pool in the front yard. That is, for anybody that has a waterfront piece of property, a pool in a front yard on Soundview is the last place you want a pool. CHAIRMAN GOEHRINGER: I didn't say that. MRS. MOORE: Yeah. CHAIRMAN GOEHRINGER: I didn't say that. MRS. MOORE: No. MEMBER WEISMAN: No, (inaudible) putting PuglieseCou~Repo~ingandTranscri~ionService (631)878-8355 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 261 ZBA Town of Southold - January 8, 2009 it in a conforming location is what I'm referring to. MRS. MOORE: But that would be up front. MEMBER WEISMAN: Yes. MRS. MOORE: Okay, but that's not a, I mean a pool where the garage is is really an undesirable place for a pool. MEMBER SIMON: Okay. MEMBER WEISMAN: Well, so you need to look then at setbacks from the bluff, you know, in addition to side yard. MR. FISCHETTI: Let me, there was an alternate in the beginning and that was to place the sanitary in the bluff side, but it required that it be 65 feet from the bluff, which is the Health Department requirement. The problem with that is access and as an engineer access to those sanitary is very, very difficult. Especially with all the access we had here when we started to do that having only 15 feet even on the side yard to try to service a sanitary system in that area is something that I didn't want to design and I pushed for having it in the front. So that was my decision, but if this Board is forcing PuglleseCou~ Repo~ingand T~nscriptionService (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 '14 15 16 17 18 19 20 21 22 23 24 25 262 ZBA Town of Southold - January 8, 2009 the issue to the other end, I could then go back to the Health Department when I go in front of the Board of Review and have something that this Board forced us to go in the other direction, I have some reason. I have to, when I go to that Board I have to make a statement at the end that this was the best position for the sanitary system that I felt and I couldn't say that, but if this Board is telling me to push this thing back and flip it around, that would mean that I would keep the sanitary at 65 feet from this bluff line that we're talking about. The house would be moved forward considerably and I think we would have both the house and the swimming pool 20 more feet forward. We'd have a problem with the garage, but I -- if that's the case I would talk to them and we can go in that direction. CHAIR~3~N GOEHRINGER: Well, why don't we wait and se~ what happens when you do that? MRS. MOORE: We can't. No, the -- it's like -- the Health Department regulations require sanitary in the front unless I come to them and say we presented that to the Zoning PuglieseCou~ Repo~ingandTranscriptJonSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 263 ZBA Town of Southold - January 8, 2009 Board, but the Zoning Board preferred that the house be set back -- the house and pool be as far away from the top of the bluff as possible. So they will defer to this Board's -- but we have to show them that the Zoning Board, we presented this, and the Zoning Board preferred the alternative design. MR. FISCHETTI: I would still have to have access to that and I need at least a clear space of 15 feet to get to service those -- the side yard. CHAIRMAN GOEHRINGER: Nobody's -- there wasn't any -- I wasn't even -- there wasn't any -- I mean, it's the only place the pool can go except for the front yard. MEMBER WEISMAN: That's right. CHAIRMAN GOEHRINGER: So I mean there's no issue there. We need it farther away from the bluff, that's what the issue is and that's it. MEMBER WEISMAN: It's still in the side yard. CHAIKMAN GOEHRINGER: It's still in the sid9 yard. MRS. MOORE: Oh. Okay. Pugliese Cou~ Repo~ingand TranscrJptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 . 17 18 19 20 21 22 23 24 25 264 ZBA Town of Southold - January 8, 2009 MEMBER SIMON: That's not the problem. CHAIRMAN GOEHRINGER: No. MRS. MOORE: We can design around this. It's just moving, essentially, just moving the pool back and redesigning the house so that it is -- CHAIRMAN GOEHRINGER: It should be closer to the house so they can create a greater buffer between the house and the property line. MRS. MOORE: Oh, okay, I'm sorry, we were trying to guess -- we were misreading the Board and I apologize. CHAIRMAN GOEHRINGER: No, that was my opinion. I mean I'm not voicing any other opinions of any other Board member, but -- MRS. MOORE: Oh, okay, that's fine. We can do that, that's fine. Well, that's kind of hwy I was saying that if you tell me alright a pool no closer than you know 60 feet or 50 feet, 50 feet cause I'm looking 20 feet beyond or 20 feet back, we'll design around it. CHAIRMAN GOEHRINGER: It should be 50 to 54 feet back. Pugliese Cou~ RepoSing and TranscriptionSe~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 265 ZBA Town of Southold - January 8, 2009 MEMBER SIMON: No, more. CHAIRMAN GOEHRINGER: More than that? MEMBER WEISMAN: The house should be a minimum of 75 feet and I'm (inaudible). MRS. MOORE: Well, that's the problem. We can't -- CHAIRMAN GOEHRINGER: That's (inaudible) if they switch (inaudible). MRS, MOORE: That can only be done if we flip the sanitary. MEMBER WEISMAN: I understand that. MRS. MOORE: That, unfortunately, we don't have that. Believe me, we all would start with attempting to conform because (inaudible) -- MEMBER WEISMAN: We have (inaudible) the setback at this point for the dwelling should be 100 feet. If we talk about 75 feet, that's a substantial variance right there, okay, and the pool should certainly be no closer to the bluff than the dwelling at 75 feet in a side yard. Alright? I agree that putting a pool in the front yard, wherever the sanitary happens to wind up, on this road, which I'm very familiar with, doesn't provide a great Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 266 ZBA Town of Southold - January 8, 2009 deal of privacy and it's, you know, not a really great, desirable location. I don't have so much problem with the side yard location as I do with the setbacks from a really eroded bluff and you want to maximize privacy for the owner, the applicant, the Yatrakis family, and also for the neighbors. You know, you want to make sure there's screening and so on and that's easy to do. CHAIRMAN GOEHRINGER: But you need -- excuse me one second, Leslie. MEMBER WEISMAN: You have to rethink where that garage goes or that might wind up an attached garage. CHAIRMAN GOEHRINGER: You need to maintain that 15 feet on the easterly side so as to work on that sanitary system -- MEMBER WEISMAN: That's right. CHAIRMAN GOEHRINGER: -- if you need to. MEMBER OLIVA: Yeah. MRS. MOORE: That's if we were to flip the sanitary. We don't need 15 feet if -- if the sanitary is in the front, it's -- that's the whole reason the Health Department wants them in the front yard because they're always Pugliese Cou~Repo~ing and Transcription Se~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 267 ZBA Town of Southold - January 8, 2009 accessible and, you know, there's no issues. If we flip the whole plan and move the sanitary to -- and the Health Department regulations require a sanitary no closer than 65 feet to the top of the bluff, so now again we're designing around the sanitary. You've got the sanitary at 65 and then it means that our house, we have room for the house, but it's going to be in the -- on the front area with the pool and so on. MEMBER WEISMAN: Yes. MRS. MOORE: That was what I thought you were asking me to go back and see if we could flip.- MEMBER WEISMAN: Um-hmm. Well, only because our mandate -- MRS. MOORE: That's one Board, the other Board members are saying well no just move the pool back, so I don't know which way -- MEMBER WEISMAN: Look, our mandate is to protect, to examine the environmental impact and the character of the neighborhood. MRS. MOORE: Well, the character of the neighborhood, I would point out, is in fact this exceeds the character of the Pugliese Court Repo~ingand Transcription Se~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 268 ZBA Town of $outhold - January 8, 2009 neighborhood. The character of the neighborhood is that all these neighboring homes are built up almost to the Coastal Erosion Line. MEMBER WEISMAN: I know, but they also -- you have to look at the date in which those houses were -- MRS. MOORE: But that's irrelevant if the character of the neighborhood is being considered. MEMBER WEISMAN: I don't agree. I really don't agree. MEMBER SIMON: I -- perhaps, obviously, there are other points besides the character of the neighborhood -- MRS. MOORE: Yes, environmental factors are why we're here. MEMBER SIMON: -- we have to deal with and you've come before this Board -- MRS. MOORE: Yes. MEMBER SIMON: -- so many times and you know that the Board -- it would be great if the Board would tell you this is what we want you to do and we'll allow, but we don't do that. We don't allow -- first of all -- PuglieseCou~ Repo~ingandT~nscriptionSe~ice (631)878-8355 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ZBA Town of Southold - January 8, 2009 269 MRS. MOORE: Well, sometimes you do. ASST. TOWN ATTORNEY: Does the Board want to hear -- do you want to hear from anyone else in the room? CHAIRMAN GOEHRINGER: What I need to do is to explain that this particular lot does have significant (inaudible) in the center of it, which we know. Okay, number two, we need to wrap this hearing up. This will not be the final hearing on this application. MRS. MOORE: Okay. CHAIRMAN GOEHRINGER: We do apologize, but we have a -- we've got a situation where we need to finish this entire day by 4:00, okay, and that's the story. So anybody that would like to speak against this application - MEMBER SIMON: Or for. CHAIRMAN GOEHRINGER: What? MEMBER SIMON: Or in favor. BOARD ASST.: They can also put it in writing. CHAIRMAN GOEHRINGER: And/or put it in writing. The lady was the first one, ma'am, Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 270 ZBA Town of Southold - January 8, 2009 you're welcome to use this mike. We do have a letter in the file. Go ahead, state your name for the record, ma'am. [The following speaker has a heavy French accent.] MRS. DUPONT: My name is Beatrice Dupont, I own the property to the west of the Yatrakis property. I know I have an accent and sometimes it's a problem, so I'm going to read my objection, but with your permission I will give you each a copy of what I'm going to read. CHAIRMAN GOEHRINGER: Thank you. Please remember that this objection can change based upon future changes to the site plan. I was just going to say we received a copy of your letter. MRS. DUPONT: Okay and before I start I wanted to clarify something about the two bluffs. (Inaudible) years ago that was a (inaudible) where that farther line was and what you say is a second bluff is actually erosion that has happened in the last two years and if you go there you will see that PuglJeseCou~ Repo~ingand T~nscriptionSe~Jce (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - January 8, 2009 inaudible) that bank is fresh earth and fresh seedlings. It is not two bluffs that have been there all over the years and (inaudible) concern with erosion that I went to Mrs. (inaudible) who is the owner of the property 1995 because her property was by far the one eroding the worst because it does not planting, no seeding and I would say that all our neighbors have been very conservative about planting sea grass and making sure we have some vegetation to prevent erosion which is as much as we can do without going through building bulkheads and whatever and I acknowledge also that my house as Patricia Moore pointed that it is very far up front. It was built many, many years ago, over 40 years ago and today I wish it was a few feet back because we do have a severe erosion problem there. CHAIRMAN GOEHRINGER: I just want to say before you start that, you have given us a letter from -- MRS. DUPON?: Mrs. (inaudible). CHAIRMAN GOEHRINGER: -- (inaudible) to Mr. King dated January 5, 2009. PuglieseCourtRepo~ingand T~nscri~ionSe~ice (631)878-8355 271 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 272 ZBA Town of Southold - January 8, 2009 MRS. DUPONT: Yes, but I also make one for -- Oh, did I give you the one -- because I have one to the Zoning Board, it's the same letter. CHAIRMAN GOEHRINGER: That's fine. I'm just telling you that we have a letter that you had given to Mr. King that's part of the record, that's all I'm saying. MRS. DUPONT: Yes. same thing. CHAIRMAN GOEHRINGER: It's pretty much the Okay. MRS. DUPONT: The bluff located on the lot located at 18805 has been (inaudible) the past few years (inaudible) and fall from the bluff onto the beach. Five years ago staircase of the property adjacent to the east of the lot (inaudible) here was barely visible from my lot, now supporting pilings are visible. (Inaudible) vegetation by the bluff to accommodate (inaudible) and a pool would further accentuate the problem. Because of the fragile nature of the bluff, whatever building necessary is a load on this parcel and should be in compliance with Southold Building Code at least 100 feet from top of PuglieseCou~Repo~ingand Transcription Se~ice (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 273 ZBA Town of Southold - January 8, 2009 the bluff. The proposed pool is on the side yard and less than 15 feet from the property line. This could create a nuisance for 18725 Soundview Avenue, my property, as the proposed pool would be around 16 feet from current building, my bedroom windows. I don't think it's a very pleasant neighborhood situation to have a swimming pool 16 feet to 18 feet, I've not really measured, but I have the required variance of the 15 feet on that side, so whatever it is that would be a problem. I was concerned also about the 100 feet between cesspool and well and I'm concerned about the (inaudible) for the pool. I'm not going to read the (inaudible) because you have my letter, but I do want to note, to tell you that I'm proud to live in Southold. I came to Southold because it's a town that has Zoning and character and I would like this character to be maintained and certainly I would like the Yatrakis to have a nice house, but one that conforms with the neighborhood and with all the environmental issues associated. Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 tl 12 13 14 15 '16 17 18 19 20 21 22 23 24 25 274 ZBA Town of Southold - January 8, 2009 Thank you. CHAIRMAN GOEHRINGER:' Thank you. MR. ERNEST: My name is Herb Ernest, I'm a concerned neighbor of Mrs. Dupont's and I face the property in question, the Yatrakis. From my attained age of 89 I may have some wisdom I'd like to impart. My mother came from Austria, Hungary and my father came from Alsace and the common language was German and I could speak German before I could speak English and one phrase comes out, [speaking German]. What else do they want? They got Disneyland here, what do they need a pool for? I know everybody who's got a swimming pool uses it four times a year. Why do they need a po01? I mean this whole thing is too much. We're living now in a time where we Should step back and consider what is really wise. I have gotten up here just to -- I don't know the Yatrakis and they're lovely people, I'm sure, they're trying to do a bit too much. They're biting off more than their neighbors can chew and they will regret putting in a pool. They can save a quarter million Pugllese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - January 8, 2009 dollars, the maintenance of it. They'll use it four times a year. They've got the most wonderful swimming in the world at the base of their cliff. I only swim at Mrs. Dupont's pool. It's wonder -- I mean the beachfront. It's wonderful and clear. What do you need a pool for? Stop gilding the lily and get sensible. That's the only reason I've taken this stand. Any questions? CHAIRMAN GOEHRINGER: I need your name spelled. MR. ERNEST: My name is Herbert Ernest. I own the stables on Mount Buela, the Cosman property. It's a historic property and I'd like to keep the neighborhood from becoming what this house looks like it's going to look like. It's too much. Let them be sensible and they'll save 150-grand and they'll solve all their problems, eliminate the pool. It's ridiculous. CHAIRMAN GOEHRINGER: Thank you, sir. Ma'am? MRS. LIEBEL: I'll be quick, I know we have time constraints. My name is Linda PuglJeseCou~ Repo~ingandTranscri~ionSe~ice (631)878-8355 275 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - January 8, 2009 Couture Liebel. I own the home to the east with my husband, Jim, over there. I would like to just bring out first of all the picture, this diagram here at the very front where it indicates wells. It says to be abandoned, well, then the new well location. We have not moved our well, I don't really know what that's addressing there. We ha~e a phone call into the Board of Health, but I think that they have these flipped around and I don't know if that changes the scheme of anything going on. Secondly, I would just like to say we have been there for 16 years. We have been fighting erosion for 16 years. It's devastating. This is not bad erosion, this is catastrophic erosion that we're talking about. I would not dig a vegetable garden where they're trying to dig a pool and that is the honest to God truth. My husband has a John Deere tractor, I will not let him even drive it within 10 feet of the cliff because it is so unstable and it's pathetic. These are nice people, they have not lived here. I don't really think that they know what they are in PuglieseCou~ Repo~ingandTranscri~ionSe~ice (631)878-8355 276 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 277 ZBA Town of Southold - January 8, 2009 for with this. This is not the welcome wagon that I ever envisioned for new neighbors, but this is -- this just cannot be and I don't know what the solution is, but I felt I should oppose especially the pool that close to the cliff. CHAIRMAN GOEHRINGER: Thank you. MRS. LIEBEL: Thank you. CHAIRMAN GOEHRINGER: Anybody else? Anybody else like to speak? Okay. I'd like to adjourn this hearing until April 23rd at -- BOARD ASST.: 2:30. CHAIRMAN GOEHRINGER: -- 2:30. MEMBER OLIVA: So moved. (See Minutes for Resolution.) ********************************************** Pugliese Court Reporting and Transcription Service (631) 878-8355 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 321 ZBA Town of Southold - January 8, 2009 I, Denise Gasowski, certify that the foregoing transcript of tape recorded Public Hearings was prepared using four-track electronic transcription equipment and is a true and accurate record of the Hearings. Denise Gasowski Agency Name: Address of Agency: Pugliese's Court Reporting and Transcription Service 4 Saddlebrook Lane Manorville, New York 11949 Date: January 21, 2009 Pugliese Court Reporting and Transcription Service (631) 878-8355 FROM : COSTELLO MARINE CONT. PHONE NO. : 631 477 0005 Apr. 11 2008 12:08PM PO _ COST[LLO M RIN[ CONTRACTING CORPORATION DOCK BUILDING · JE~IES · BULKHEADING · STEEL & WOOD PILING · FLOATS 423 FISH STREET, P.O, BOX 2124 · GREENPORT, NEW YORK 119~ - (516) 47%1199/477-1393/477-0682 May l0 2006 Mrs, Ann Got.sis 2 Bostwick Lane Old WestburT, NY 11568 FILE COPY RE: Bluff at 18805 Soundview Avenue, Southold Dear Mrs, Ootsis: As per your request concerning erosion on the bluff at your Southold property, I have determined that the point of erosion was caused by water related blowout. Since your request, I hive looked at sixteen other jobs caused by the same problem. That problem was the hydrostatic build up caused by nine days of rain. The simplest solution would be to hydro-seed both areas of erosion and redirect the water coming offthe road. The cost of this solution is unknown. My suggestion to you is to contact Tim Coffey at Timothy Coffey Nursery (631) 734-7443 to hydro-seed the area. if you have any questions, do not hesitate to call me at my office (63 l) 477-1199. Sincerely, George D. Costello, Sr. Secretary/Treasurer GdC:les FROM : COSTELLO MARINE CONT. PHONE NO. : 631 477 0005 Ap~. 11 2008 12:07PM Pl FAX COVER PAGE COSTELLO MARINE CONTRACTING CORP. 423 5TM STREET. P.O. BOX 2124 GREENPORT, NY 11944 DATE: TO: F.~c #: PHONE #: F~x #: /n/os MR. GEOKGE VATRAKIS 212-$79-4486 LYN~ STEVENS FOR 30HN A. Cos"mu 0 (631) 477-1199 (631_) 477-0005 # OF PAGES (INCLUDING COVER SHEET),' 2 As requested, I am forwarding the information regarding 18805 Soundview Avenue, Southold which was originally sent to Ann Gotsis by George D. Costello. Chairman, Southold Town Zoning Board 54375 Route 25 Southold, N.Y. 11971 April 24, 2009 APR 2 4 2009 Dear Mr. Goehringer, You intend to visit the remnants of building on the Ytrakis property, at 18805 Soundview Avenue tomorrow, the 25th. The Ytrakis have cleared a pathway behind the building which leads to my adjacent property at 18725 Soundview Ave. It will be interesting for you to take that pathway and notice that the land dips sharply from the Ytrakis' side to my side of the bluff. Due to the topography, it is impossible that water discharge from my property could ever affect the Ytrakis bluff. In fact it is quite the contrary. In a heavy rain, I receive the water run-off from the Ytrakis property. Yet Ms. Patricia Moore made the claim that water discharge from the adjacent landowners, as a cause for concern relating to bluff erosion on the Ytrakis property. I realize that this has little to do with the variance request, but it is indicative of the fallacious assumptions made at the hearing, yesterday. Please note during your visit, that we have encouraged the growth of native species on the bluff, which has helped reduce the erosion. Most of the plants you will see on the adjoining properties are listed in the booklet from the Cornell Extension's publication on prevention of bluff and beach erosion. We property owners on the bluff recognize its' fragility and must do all we can to preserve it. This is all I wished to convey prior to your visit, along with my gratitude to the Zoning Board for the important work they are doing. Sincerely, Beatrice DUPONT 18725 Soundview Ave. Southold. Tel: 765-1511 NOTE: POOL EQUIPMENT TO Bi LOCATED IN HOUSE BASEMENT PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 April 3, 2009 Southold Town Zoning Board of Appeals Gerard Goehringer and Board Main Road Southold, NY 11971 Attention: Linda By Fax. RE: Yatrakis SCTM: 1000-51-1-14 Dear Linda: In response to your request on this date the surveyor provided the setbacks, as scaled by the surveyor, of the proposed house and pool. This revised survey was submitted to the building department and a amended notice of disapproval issued and delivered to your office by the building department. This letter confirms that I have submitted 7 prints of the revised survey. Please consider our applications amended to reflect the setbacks shown on the survey last dated April 3,2009. Thank you for your assistance in this matter. For the Board's information, the sanitary system was excavated pursuant to the Health Department requirements, inspected, and location is in the front yard. If you need anything else do not hesitate to call me. Very truly yours, Patr±c±a C. Moore TEL: 631.765.2954 · FAX: 631.614,3516 · e-mail: joseph@fischetti.com Date: June 3, 2009 Mr. Gerard P. Goehringer Chairman, Zoning Board of Appeals 54375 Main Road Southold, NY 11971 Reference: ZBA File #6237 Yetrackis Dear Mr. Chairman, I have reviewed the Board's decision on the above referenced matter. I would like to clarify how my client will comply with Item #1 in the resolution. The resolution states that the drywells are to be installed below any existing clay lenses to the extent reasonably practicable. As you may know Mr. Yetrackis has spent much time and dollars trying to dig through the clay lens as required by the Suffolk County Health Department requirements. What we have found through numerous excavations and test borings that the bottom of the clay lens varies from 35 feet in the front of the property on Sound View Avenue to 69 feet at about 65 feet from the bluff, The clay lens goes deeper as you get nearer to the bluff. We eventually found an approved location for our leaching pool that was only 35 feet to good soil in the South East corner of the property. Any drywell installed in the rear yard below the clay lens would need to be excavated more than 70 feet below the surface which is neither reasonable nor practical being so close to the bluff face as can be seen from the attached test hole data. The boring shows brown silty sand to 50 feet before reaching any clay. That is sufficient distance to dissipate the small amount of water that any drywells would contain. My client will install the drywells within the top brown silty sand. ~ McDONA GEOSC. rI N B Box 1000 · Southold, New York 11971 · (631) 765-3677 TEST HOLE DATA SHEET Name: Surveyor: Location: Tax Map Number: Project Description: Date: Comments: Moore Fischetti Southold 1000-51-1-14 LOt 1/29/09 Dark brown 1' 50' loam OL Brown silt~ sand SM Water in b~own clayey sand and sandy cla 69' Water in bl 75' Water encoiunters Test hole boring...$1100.00 own fine to medium sand d 50' below surface SP SC & CL HOBART ROAD SOUTHO~D, NEW YORK 11971 COUNTY OF SUFFOLK Steve Levy SUFFOLK COUNTY EXEC~JTIVE SOIL AND WATER CONSERVATION DISTRICT FAX= (631)727-3160 Paul A. TeNyenhuis DISTRICT MANAGER (631)727-2515 x3 December 11, 2008 Chairman Gerard Goehringer Board of Appeals Town of Southold P.O. Box 1179 Southold, New York 11971-0959 RE: ZBA File REF. No 6237 (Yatrakis) Dear Chairman Goehringer: As requested, a site review was conducted at 18805 Soundview Avenue in Southold on November 24, 2008. The site was evaluated for potential natural resource concerns regarding the demolition of an existing dwelling and construction of a new dwelling. At the time of this site visit the existing home was still in place and construction on the new home had not yet begun. The new construction area was cleared and staked. The top of the bluff and majority of the property was heavily vegetated. The face of the bluffwas experiencing heavy erosion most likely due to runoff flowing over the edge of the bluff and possibly fi.om groundwater seepage towards the bluff face at a clay lens. Care must be taken during demolition as the existing dilapidated dwelling is near the bluff edge. The site of this dwelling should not be used for a patio as the weight may add stress on the bluff face. Under no circumstances should debris of any kind (including plant debris) be discarded on the bluff face. The highest elevation is the center of the property, at an elevation of 56 feet; fi.om this point the land slopes towards the bluff face. It is recommended to install a berm at the top of the bluffwith a dry well to prevent runoff from flowing over the edge of the bluff. All impermeable surfaces such as the house and garage roofs as well as the patio must be drained into dry wells as indicated on the property survey. Every dry well should be installed deeper than any existing clay lenses in the soil profile to the extent reasonably practical. This will minimize the risk of groundwater seepage out towards the bluff face and subsequent erosion. Irrigation should be kept to a minimum in order to minimize excess weight and stress on the bluff. Provisions for draining the pool must also be made. 423 GRIFFING AVENUE SUITE 110 RIVERHEAD, NY 11901 COUNTY OF SUFFOLK SOIL ~ WATER CONSRRVATiON DISTRICT FAX= (631)727-3160 Steve Lev~, SUFFOLK COUNTY EXECUTIVE P&ul A. Te~enhuis DISTRICT ~A~ER (631)727-2315 x3 I have enclosed a guide to "Stabilizing Eroding Bluffs." Follow the recommendations for re-grading the bluff face, eliminating the over-hanging lip and re-vegetating the bluff face under the headings: "Top Stabilization" and "Bluff Face." If you require further assistance in this matter please don't hesitate to let me know. Best regards, Ni~l~inelli District Technician 423 GRIFFING AVENUE SUITE 110 RIVERHEAD, NY 11901 NRCS United States Department of Agriculture Natural Resources Conservation Service Suffolk County Soil & Water Conservation District STABILIZATION OF ERODING BLUFFS /. The coastal shoreline is affected by many different forces and is exposed to many harsh conditions. A result of these forces and conditions is erosion. Bluff erosion is a natural process that can be slowed but not stopped. The only prediction that can be made is that bluff erosion will occur; the timing and degree of the erosion cannot. Areas along the coastline may experience accelerated rates of erosion due to factors such as winter storms and extreme high tides. In these instances, houses and structures built on the top of the bluffs are at risk from erosion. The erosion of high sandy bluffs along coastlines has challenged conservationists since they were first observed. Typical of such bluffs are those along the north shore of Long Island. The soil material is sandy and erosive, easily moved by wind or water. Bluff height varies from a few feet, to well over 100 feet. The slope is usually about 1:1, or at whatever angle the material is stable. The profiles of eroding and stabile bluffs are represented below. T},pical characteristics of eroding bluffs sloping the wrong direction aver hanging lip '~A remnants or' old ~egetotion, boulder, etc '~, 1 de~egetated ~lope ., er°ding~enormal high tide May 2007 1 Typical procedures that have had a desirable effect on slowing bluff erosion wall ~egetated slope / wall vegetated toe ~ /, normal high tide III. Numerous attempts have been made by landowners to stabilize bluff slopes; only a few have succeeded. Although no procedure can guarantee a permanent solution or stop this erosion, the following measures have been found to be the most effective in obtaining the best possible stabilization of the bluff face. Stabilization of the toe and top of the bluff (ideally simultaneously) must occur. Implementing practices (such as revegetation, terracing, geo-textiles) without achieving this stability will not be successful. Resulting in a loss of time, resources, and financial investment as these areas are compromised by erosion. Once both of these areas are stabilized, efforts should be focused on remediating the bluff face. Although stabilization of the toe and top is recommended first, the environment should be evaluated holistically. Thereby, remediation of the bluff face should occur in conjunction with and/or as soon as possible after the remediation of the top and toe. May 2007 Top Stabilization: a. Remove the overhanging lip at the top of the slope creating a natural angle of repose. This is generally a 1:1 slope or 45 degree angle. b. Any trees along the top edge of the bluff should be cut at the base leaving the roots in place. Tall trees swaying in the wind will loosen the bluff soils. c. Do not allow surface water (i.e. pool water, nmoff, irrigation water) to flow over the top of the slope. Installation of a diversion with a catch basin drain and a vegetated natural buffer both serve this purpose. d. No ground disturbing activities should occur within 10 feet of the edge of the bluff. This includes installation of landscaping plants, irrigation systems, decks, and fences. e. Pools should be installed with an in ground drain to facilitate drainage (unless clay lenses exist within the bluffprofile). 2 f. Houses should be fitted with gutters and down spouts which discharge into dry wells in order to reduce runoff flowing over the bluff edge. g. Sprinklers should not discharge water onto or near the bluff face. h. Irrigation scheduling should not exceed the peak consumptive requirements of the turf grasses (approximately 1" per week). May 2007 Toe Stabilization: a. The use of vegetation is the preferred method to maintain a stabile toe. However, vegetation alone is not always successful. A good indicator of whether or not vegetation will stabilize the toe is the location of thc mcan high tide (MHT) mark. If MHT reaches the toe of the bluff, it is unlikely that vegetation alone will stabilize this site. If this is the situation, a consultation with NRCS or the SC SWCD can provide you with other alternatives. b. If a hardening structure, such as a bulkhead or rock revetment exists, it is critical that proper maintenance occurs to these structures. Such regular maintenance prolongs the life of thc structure and the two-fold benefits arc the protection the toe of the bluff and reduction in repair/replacement costs. Thc following are the maintenance activities that should occur on the bulkhead. ~' Decaying and or damaged boards should be replaced. ~ Holes behind the bulkhead should be filled with sand. ~ Geotextile must be maintained between the bulkhead or revetment in order to retain sand behind the structure. The lack of geotextile in combination with wave action will pull sediment through the structure eventually cause collapse and failure. ~' Vegetation (beach grass, Spartina patens, Coastal Panic grass) should be maintained on top of the bulkhead. Bluff Face: a. Any trees along the top edge and on the bluff face should be cut at the base leaving the roots in place. b. Trash, grass clippings, leaves and branches should not be disposed of on the bluff face. This creates instability as the debris adds weight to the bluff face and dually smothers vegetation. Thus, such debris should be removed from the bluff face and disposed of properly. c. A natural angle of repose should occur on the bluff face. Depending on the height and location of the vertical faces, such an angle may not be practical. Grading is a satisfactory practice to create such a natural slope at locations where such an angle can be achieved. Care should be taken to not disturb stabile areas of the bluff in an attempt to stabilize the eroding locations. Such precautions will prevent additional erosion problems on the bluff. d. Re/Vegetate the slope. ~' 'Cape' American beach grass and Spartina patens plugs should be used for this purpose and transplanted while dormant in the late winter or 3 earl~pring. Planting should occur from of the bluff face down. Both Spartina and Beachgrass should be planted 12" apart. Rows should be separated by 12" and the plants should be staggered with plants in adjacent rows. Each full row should consist of entirely Beachgrass or Spartina and the rows should alternate between these the two species. For Beachgrass, one 35mm film canister of Osmocote slow release fertilizer should be placed into each planting hole and then plant three stems or culms per hole. To add diversity to the bluff planting, reduce the threat of disease, and compensate for natural beach grass die out, it is recommended to hydro seed or broadcast the following warm season grass mixture immediately prior to planting the 'Cape' American beach grass. The warm season grass mixture should consist of: 'Blackwell' Switch grass (Panicum virgatum)* 'Atlantic' Coastal panic grass (Panicum amarurn)* 'Niagara' Big bluestem (Andropogon gerardii)* Coastal Little bluestem (Schizachyrium scoparium v. littoriale)* Sheep fescue ( Festuca ovina ) 'Monarch' Seaside Goldenrod (Solidago sempervirens v. Monarch) 'Golden Jubilee' Black-eyed Susan (Rudbeckia hirta) Partridge Pea (Chamaecristafasciculata) Evening Primrose (Camissiona) 4 PLS lb/Ac 5 PLS lb/Ac 5 PLS lb/Ac 3 PLS lb/Ac 10 lb/Ac 1 lb/Ac 1 lb/Ac 1 lb/Ac 1 lb/Ac (*Rates are in Pure Live Seed Pounds Per Acre.) Spreading this seed mix just prior to planting the Beachgrass and Spartina, allows for the incorporation of the seed by foot traffic and sand disturbance as the beach grass is planted. This action is critical to a good seed establishment. Adapted shrubs and vines can be added when the slope is well stabilized with the above listed grasses. Species include Bayberry, Beach pea, Shore rose, and Beach plum. Apply 20 lb/ac of nitrogen in June if beach grass vigor is declining. Maintenance of the vegetated slope will be required on a continuous basis. Remove debris from planted areas; keep all water diverted from the slope; do not over-irrigate the lawn above; avoid excessive foot traffic and repair any damaged or eroding areas. May 2007 4 New York and Cornell Cooperative Extension of Suffolk County Marine Program American Beach Grass Introduction Maritime beach communities are found above the mean high tide line. Wind erosion and storm waves shape these communities. Plants that grow there need to be tolerant of dry and salty conditions and of the constant burial by shifting sand. The most common plant species found in the maritime beach is American beachgrass (Ammopbila breviligulata). American beachgrass is able to live in this very hot and salty, environment characterized by coarse sand, little organic matter and almost no water. American beachgrass does not only grow on dunes by the ocean, it can be found on beaches along the bays, harbors, and at the base of bluffs along Long Island Sound. Given its dense root structure and ability to grow through accreting sand,American beachgrass helps in the formation of dunes. Dunes play a very important role in protecting the coast, by buffering incoming waves. Although American beachgrass is adapted to life in a tough environment, it can not withstand people walking on it. Once the American beachgrass starts to die off, the stability of the dune is threatened. Dunes are also affected by natural forces such as storms and floods. Planting American beachgrass can restore damaged dune systems. New York's Sea Grant Extension Program provides Equal Program and Equal Employment Opport~nitib§: in a~s°Ciatio~ with ¢orneI! American Beachgrass Characteristics Kmerican beachgrass has a range that extends from New England to North Carolina. It has the ability to continue to grow even as nature buries it with sand. As the grass captures sand that winds blow across it, dunes are built. The grass responds to being buried by sending up a new rhizome (underground stem). From the new rhizome, a new shoot forms. The rhizomes also help the plant spread horizontally up to 6'-10' annually. American beachgrass grows np to 2'-3' tall. The plant does produce a seedhead and seeds, but much of the spreading is through the rhizomes. Seedlings have a tough time getting established in a hot, dry environment. American beachgrass grows to 2'-3' tall American beachgrass is easily planted by hand. American Beach Grass Planting Tips American beachgrass comes in more than one variety. The variety recommended by the United States Department of Agriculture Natural Resources Conservation Service for our area is called "Cape:' Some Long Island nurseries are propagating beach grass from our Long Island dunes. Some groups feel it is better to use beachgrass from this local source. The United States Department of Agriculture Natural Resources Conservation Service offers this advice: O Plant strips of beachgrass parallel to the coastline. It is easily done by hand. The row closest to the ocean should be at least 100' above the mean high tide line. Along the ocean, if space permits, plant a 40'-50' wide strip, but no less than 20', and 10 rows deep. This permits the planting to trap blowing sand, and to build a dune. ~ American beachgrass can be planted from October 15th to March 31st in the Mid-Atlantic, as long as the sand is not frozen. fi} Plants and roots must be kept moist before and during planting. Try using wet burlap. On most sites, the recommended plant spacing within a row is 18". Where erosion is severe, decrease the spacing to 12" apart. O Plant two 18"-24" stems in a hole, approximately 7"-9" deep. ~ Stagger the rows. An 18' by 18' spacing requires 38,000 culms or stems per acre, or 889 culms per 1,000 square feet. ~ Compact the sand firmly around the plants. ~ Beachgrass should be fertilized. Broadcast fertilizer over the planting at a rate equivalent to 1.4 pounds per l,O00 square feet. Fertilizer should be applied 30 days after the planting date, but not before April 1 st. ~ Protect your new planting from foot/vehicle traffic by placing snow fencing around it. Step Step 2 Step 3 New York and Cornell Cooperative Extension of Suffolk County Marine Program Obtaining Help It's a good idea to obtain some professional advice before implementing a beach grass planting. Good sources of help are: Cornell Cooperative Extension of Suffolk County Marine Program, 3690 Cedar Beach Rd., Soutbeld NY 11971 516-852-8660 New York Sea Grant Extension Program, 3059 Sound Ave., Riverhead, NY 11901 516-727-3910 USDA Natural Resources Conservation Service, Riverhead County Cfr., Room N-210, Riverhead, NY 11901 516-727-2315 These th~z~e organizations can also help you locate sources of American beacbgrass' plants. Cape May Plant Materials Center Plant Release: Grower/Vendor List April 2004 Vendor GROWER ATLANTIC AVALON CARTHAGE CAPE EMERALD OCEAN SANDY SUTHER SUTHER SUTHER VA-70 WILDWOOD ID SEA ViEW ge~mplasm gem*,plasm germplasm coastal saltmeadow switchgrass beach shore beach rugosa Indiangrass Big Little shrub bayberry panicgrass cordgrass grass juniper plum rose bluestem bluestem lespedeza DE01 Cape Farms X FL01 HIS Native X Plants plugs GA01 Adams- X X Briscoe Seed seed GA02 C.P. Daniel's X X Sons seed Fine Tree X X MA01 Farm Frimy X X X MA02 Landscapin~ Hatchville X MA03 Farm Harper X MD01 William Waters Edge X MD02 Nursery Cold Stream X MI01 Farm Van Pines X MI02 Nursery NC01 Garrett X Wildflower Seed Farm NC02 Dean Lanier X X seed NC03 Simmons, X X Jason seed Carolina X (plugs) X (plugs) X X NC04 Greenery (plugs) (plugs) NC05 Dr. Bill Webb X NC06 John McLean X PMC Plant Releases- 1 Vendor GROWER ATLANTIC AVALON CARTHAGE CAPE ENERAU) OCEAN SANDY SUTHER SUTHER SUTHER VA-70 WILDWOOD ID SEA VIEW germplasm germplaam germpb~sm coastal saltmeadow switchgrass beach shore beach rugosa Indiangrass Big Little shrub bayberry panicgrass cordgrass grass juniper plum mae bluestem bluestem lespedeza Church's X NJ01 Nurser,/ NJ02 Coastal X X X X X X Native's plugs Nursery NJ03 Croshaw X X X X Nursery plugs Old Cellar X NJ04 Creek Farms NJ05 Pinelands X X X X Nursery plugs Dewilde's X Rhodo Lake NJ06 Nursery Winslow X X NJ07 Conservancy NY01 H.R. Talmage X X X & Sons plugs NY02 Peat & Son X PA01 Ernst X X X X X X Conservation seed Seeds PA02 New Moon X X Nursery plugs PA03 Sylva Native X X X Nursery plugs PA04 David Velozo X X X Musser Forest X PA05 Nursery TX01 Bamert Seed X X Bobtown X X VA01 Nursery Coastal X Wetlands VA02 Nursery VA03 Mike Cullipher X X X X X VA04 Ralph X Williamson seed PMC Plant Releases - 2 Vendor ID I DE01 FL01 GA01 GA02 MA01 MA02 MA03 MD01 MD02 MI01 MI02 NC01 NC02 NC03 NC04 NC05 NC06 NJ01 NJ02 NJ03 NJ04 NJ05 NJ06 NJ07 NY01 NY02 PA01 PA02 PA03 PA04 PA05 TX01 VA01 VA02 VA03 VA04 Vendor Name Cape Farms HIS Native Plants Adams-Briscee Seed C,P. Daniel's Sons Fine Tree Farm Friary Landscaping Hatchville Farms Harper Farms Waters Edge Nursery Cold Stream Farm Van Pines Nursery Garrett Wildflower Seed Farm Dean Lanier Simmons Agdcoltural Nursery Carolina Greenery Dr. Bill Webb John Mclean Church's Greenhouse & Nursery Coastal Native Plants Nursery Croshaw Nursery Old Cellar Creek Farms Pinelands Nursery DeWildes Rhodo LakeNursery Winslow Conservancy H.R. Talmage & Sons Peat & Son Nursery, Inc. Ernst Conservation Seeds New Moon Nursery Sylva Native Nursery and Seed David A. Velozo Musser Nursery Barnett Native Seed Bobtown Nursery Coastal Wetlands Nursery Mike Cullipher Ralph Williamson I street ~ I RD~I, Box E-134A P.O. Box 70 P.O. Box 19 P.O. Box 119 24 Smith Street 241 Commerce Road 54 South Rd. 4645 E.N.M.-Rhodesdale Road 626 Dion Road 2030 Free Soil Rd. 7550 144th Ave. 1117 New Castle Cour~ 634 Olde Point Road P.O. Box 419 375 Carthage Road P.O. Box 2145 400 N. Walnut Street 522 Seashore Rd. P.O. Box 42 P.O. Box 339, Mill Lane 801 N. Shore Road 323 Island Road 58 Mickles Mill Road 303 Messina Avenue 2975 Sound Avenue 32 Old Country Rd. 9006 Mercer Pike 1492 Kirkwood Pike R.D. #2, Box 1033 112 N. 33St. P.O. Box 340, Route 199 North Route 3, Box 1120 R.R. 1, Box 436-P PO Box 1018 2088 Jarvis Rd. 2393 Berryville Road cit~ I state Iz~p I I Lewes DE 19958 Parrish FL 34219 Jackson GA 30233-0019 Waynesboro GA 30830 Rehoboth MA 02769 Barnstable MA 02668 Falmouth MA 02540 Rhodesdale MD 21659 Federalsburg MD 21632 Free Soil t,/I 49411-9752 West Olive ~ 49460-9707 Raleigh NC 27603 Hempstead NC 28443 Shalotte NC 28459 West End NC 27376 Salisbury NC 28145 Lumberton NC 28358 Cape May NJ 08204 Maudcatown NJ 08329 Columbus NJ 08022 Beeselys Pt. NJ 08223 Columbus NJ 08022 Bridgeton NJ 08302 Hammonton NJ 08037 Riverhead NY 11901 Westhampton NY 11977 Meadville PA 16335 Kirkwood PA 19363 New Freedom PA 17349 Camp Hill PA 17011 Indiana PA 15701-0340 Muleshoe TX 79347 Melfa VA 23410 Gloucester Point VA 23062 Virginia Beach VA 22456 Chatham VA 24531 Telephone I (302) 945-1840 (800) 771-4114 (770) 775-7826 (800) 822-5681 (508) 222-3477 (508) 362-5980 (508) 457-9695 (410) 943-4173 (410) 479-9037 (616) 464-5809 (616) 399-1620 (919) 662-9751 (910) 270-4819 (888) 372-9600 (910) 947-3150 (609) 884-3927 (856) 785-1102 (609) 298-6388 (609) 390-0806 (609) 291-9486 (856) 451-5877 (609) 313-0660 (631) 727-0124 (631) 288-3458 (800) 873-3321 (717) 529-3870 (717) 227 -0486 (717) 737-6616 (724) 465-5685 (800) 262-9892 (804) 787-8484 (804) 693-2619 (757) 721-7456 (804) 927-5772 Greg Bunting www. hsiplants.com www. abseed.com www. burke.net/cpdaniel David Fine Tim Friary Carl Brievogel William Harper Scott Haschen Mike Hradel Gary van Slcoten Don & Laura Lee Jason Simmons Terry Schultz Paul Church Arnold Clemenson David Creshaw Steve/Phil Dubreville Don Knezick Rolland DeW~lde Tony Sacce Ellen Talmage Calvin Ernst Jim Brown Mike Hollins Nick Bamert Robert Papetli James Stover PMC Plant Releases - 3 81/85/2889 15:15 63172731G0 USDA NRCS PAGE 83/87 COUNTY OF SUFFOLK 80ZL AND WATi Paul A. TeNF~hule DISTRICT Mg~AGER (631)727-2315 x3 I have enclosed a gu/de to "Stabilizing Ewding Bluffs." Follow the recommendations for re-grading the bluff face, eliminating thc over-hanging 1/p and m-vegetating the bluff face unde~ the headings: "Top Stabilization" and "Bluff Face." If you require fufahvr assistance in this ma~ter please don't hesitate to let me know. Best r~gards, Dislrict Technician 42~ GRIFFING A~ SUIT~ 110 RIV~RR~AD, NY 11901 ~Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTIIOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Date: F~ # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: [] URGENT ~FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] ........... NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: 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: Town Hall Annex'at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.nor tlffork.net .Ap~.iL. :~, 2009 Re: Town Code Chapter 55 - Public ~Notices for Thursday, April 23, 2009 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal N~)tice describing your recent application. The Notice will be published in the n~ixt issue of the Times Review newspaper. 1) Before April 7tfi Please send the .e~,'~closed Legal Notice,. with both a Cover Letter !ncluding your telephone number and a, cop~ of your Survey or Site Plan (filed with this application) which shows the · new constm~tion.~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 et[er is returned to you undeliverab e, you .are request~-d to make Other atterhpts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm now arrangements were made in either ar written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later thru April 9th: 'Pleaseeither mail or deliver to our office your Affidavit of Mailinq (form enclosed) w office with the Whil are returned to yoL hearing. If any si~ provide the card Notices. !h parcel numbers, names and addresses noted, and fumish it to our ) receipts postmarked by the Post Office. When the green signature cards by the Post Office, please mail or deliver them to us before the sch'eduled 'ature card is not retumed, please advise the Board during the headng 'and hen available). These will be kept in the permanent record as proof of all 2) Not Later Apr. il 13th: Please make arrangements to place the. enclOsed Poster on a Signboard Such as cardboard, plywood or other material, posting it at your property for seven (7) days (or morel until 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 or mail yourAffidavit of Postin.q for receipt by our office on April 16, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME YATRAKIS, G. & M. #6237 MAP # 51-1-14 VARIANCE BLUFF SETBACKS REQUEST Dwelling & Swimming pool DATE: THURS,APRIL 23, 2009, 1:30 PM 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. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 23, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), 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~ APRIL 237 2009: 1:30 P.M. GEORGE YATRAKIS #6237. Request for Variances under Sections 280-15C and 280- 116A(1), based applicant's amended application and the Building Inspector's amended April 3, 2009 Notice of Disapproval concerning a proposed dwelling with trellis addition and swimming pool construction at less than 100 feet from the top of the bluff or bank on lots adjacent to the L.I. Sound, at 18805 Soundview Avenue, Southold; CTM 51-1-14. 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 and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town. Southold.ny. us. Dated: April 3, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 -i STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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 ~ week(s), successively, commencing on the 9th day of April, 2009. Principal Clerk Sworn to before me this day of~ 2009. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01.VO6105050 Qualified In SuffOlk county Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 8, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), 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~ JANUARY 8~ 2009: 1:50 P.M. GEORGE YATRAKIS #6237. Request for Variances under Sections 280-15C and 280- 116A(1), based on the Building Inspector's October 8, 2008 Notice of Disapproval concerning a proposed dwelling, swimming pool, trellis and accessory garage. The reasons stated for disapproving the building permit application are: (1) the proposed locations of the trellis to be added to the house, and accessory swimming pool, are not permitted at less than 100 feet from the top of the bluff or bank on lots adjacent to the L.I. Sound; (2) the in-ground swimming pool is also proposed in a side yard, rather than the code-permitted front yard in the case of a waterfront lot, or code-permitted rear yard; (3) new construction is proposed at less than the code-required minimum of 15 feet on a single side yard. Location of Property: 18805 Soundview Avenue, Southold; CTM 51-1-14. 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 and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: December 10, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 Beatrice DUPONT 18725 Soundview avenue SOUTHOLD SOUTHOLD TOWN ZONING BOARD 54375 route 25 Southold NY 11971 NY l1971 April 16th, 2009 API:I '1 7 ~ RE: GEORGE YATRAKIS#6237 REQUEST for Variances lot located 18805 SOUNDVIEW. Hearing scheduled April 23d 2009. I am the owner of the adjacent lot to the west. Because of the fragile nature of the bluff, which is experiencing catastrophic erosion, whatever buildings or accessory buildings or pool is allowed on this pamel should be in compliance of Southold zoning code of at least 100 feet from the top of the bluff. Regarding a proposed dwelling with trellis addition where the old building mmmins stand, I refer to the commissioner of soil and water conservation for Suffolk, Steve Levy who writes in a letter in the file: "The site of this dwelling should not be used for a patio as the weight may add stress on the bluff face." A pool at the loc~ition would further exacerbate the fragile condition of the land and water supply and should be denied. This should not be such a hardship as there is a well maintained public beach down the road. I am also concerned about the proposed sewage disposal location on the YTRAKIS lot in relation to adjacent properties wells and cesspool. I cannot determine the location from the survey map. Jim LIEBL and Linda COUTURE, adjacent lot owner to the east of Ytmkis cenfirm that the well on their property marked on the map as "well to be abandoned" is operational. They have no plan to abandon it or to build a new well as they testified at the Board of Appeals meeting in January 09. I will try to attend the April 24t~ hearing but just in case I can't, want to express my concerns herewith. Res?e~tfuily submitted Beatrice DUPONT Office Location: Town Annex/Fa'st Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF' APPEALS TOWN OF' SOUTItOLD Tel. (631) 765-1809 l~ax (631) 765-9064 Mailing: Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) ~=r=RcNCEJ: ~ 623~7~ [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS: Please find attached copy/copies of the following:. Sender's Initials: USDA NROS COUNTY OF SUFFOLK PAGE 82/87 ~0NS~FATIONDi~TRi~ ~AX: (631)727=3160 (631)72~-2315 z3 December !1, 2008 Chairman Gerard GoehrJnger Board of Appeals Town of Southold P.O. Box 1179 Southold, N~w York 119~!~0959....... ~ ~'h RE: ZBA File RE~_~ 6237 (Yatralds)_..~ JAN § 2009 As requested, a site review was conducted at 18805 Soundview Avenue Jn Southold on November 24, 2008. The site was evaluated for potential natural resource concerns mgardtug the de~nolition of an existing dwelling and construction of a new dwelling. At the time of this site visit thc existing home was still in place ~md construction on the new home had not yet begun. The new construction area was cleared and staked. The top of the bluff and major/ty of the property was heav/ly vegetated. The face of the bluff was experiencing heavy a'os/on most likely due to runoffflowing over the edge of thc bluff and possibly from groundwater seepage towards the bluffface at a clay l~s. Care must be taken during demolition as thc ~xisfing dilapidated dwclling is near the bluff edge. The site of this dwelling should not be used for a patio as the weight may add stress on the bluff face. Under no circumstances should debris of any kind (including plant debris) be discarded on the bluff face. The highest clevation is the center of the property, at an elevation of 56 feet; from this point thc land slopes towards the bluff face. It is recommended to install a b~m at the top of the bluffwith a dry well to prevent nmofffrom flow/ng over the edge of the bluff. All/rnpc~cmeablo surfaces such as the housc and garage roof~ as well as the patio must be drained into dry wells as indicated on the property survey. Every dry well should be installed deeper then any existing clay lenses in the soil profile to the extent reasonably practical. This will minimize the risk of groundwater s~--pagc out towards the bluff' face and subsequent erosion. Irrigation should be kept to a minimum in order to minimize excess weight and stress on the bluff. Provisions for draining the pool must also be made. 423 OR~FFI~G AVENUE SUITE 110 RIVEP-t~_.J~, NY 11901 CONSTRUCTION SEOUENCE Propose to demolish existing building close to the bluff. Provide a clear 15' wide access path to the bluff at that point. Propose to stab!lize the bluff by constructing a retaining wall approx. 65 ft in length at the hollow of the bluff (Area A) so as to allow small construction equipment to be lowered to the beach below for the purpose of constructing the rock revetment wall. This hollowed area (Area A ) will then be filled with approx 40 yds of soil. This access area will then be the location of the proposed stairs once the revetment wall has been built. FOR FULL SITE/SURVEY -SEE ATfAOIED r ~g Wall-6"x6" 5' o.c. with 2x10 T&G sheathing with 40 yds of fill, planted with sea grass. Stairs to Beach-4' wide stairs w/ 2x12 Stringers & (2)2x6 treads max. 4'x4' platforms., w/handrails. DEC - STONE REVETMENT WORK Town of Southold, Suffolk County SEC.-1000-51-01-14, date: 10-23-2008 Dr. GEORGE YATRAKIS 155 East 76th Street New York, New York 10021 Dwg I of 2 Top o! Bluff Approx. 40 yds flu 0 ~-6"x6"-5' 2xlO~T&G o.c.owith sheathing-with 40 yds of fill, planted with sea grass. Stairs to Beach-4' wide stairs w/ 2x:12 Stringers & (2)2x6 treads-max. 4'x4' platforms., w/handrails. ~ r/~ ~~O00# R~cks -ab°ye FIItelCl°th Town of $outhold, Suffolk County SEC.-1000-51-01-14, date: 10-23-2008 SECTION THRU BLUFF Dr. GEORGE YATRAKIS 155 East 76th Street New York, New York 10021 Dwg 2 of 2 Mr James KINO, President Town of 8oulhold Board of Trustees Town Hall nnnex building 54375 mute 25 Po box 1179 $outhold NY 11971 Jantmry 5m 2009 I h~ve r~'ived a eommtmic~tioll for an henring on ;nnnnry $~ at 1.50 PM regmdlno.. variances on a lot localed at 18805 So,mdview avenue, owned by lhe YTRAKIS. The properly ha~ l:~n yacht for some 40 y~ax~. Th~ is n d~a~it o~ room eottag~ with no water, no elecaicAty. A large tree fdl on the roof~ lni~ to November 1991 exposing the inside of the cottage to tl~ elements and maL~E it unzui~ble f~ 'ff~ The blu/f on that lot has b~n emd/n~ surlily in the pest/ew years. When it wm tis~ £o~ sale,, the ad indicated =Bluff with ~ e~os~on" ~ ~ an ~ Ninny trees and rocks fell fi~)m the bluffunto the bench ove~ the inst 5 years. more of the veg~on by ~e bluffwould fresher aeeentm~e the problem. Ytr~ are m~king for a pool and builel;~, leas d,,.r, 100 feet from top of bluff. It would be highly detximemal to the envirommmt to l~mnit a ltalic I~Idlng and pool on the Iot~t 18805 Soundview. WhaMwr Imildln~ ~ 8c~ly~ i~ ~ m the toe of the bluff. The ~.~ed pool is less than 15 f~et from th~ propmy line. ~~t ~ ~a~ofl~~l~~ I ~lydo n~ ~ ~w ~ ~,~ ~~~ ~L ~o~ ~ s~y. I ~y~l~t ~ ~ of ~ ~h~ ~ ~ s~ ~ ~~ ~ ~ ~ow ~ a ~of~N~ f~~y~. R~ ~bmiR~. FROM : F~X NO. : ~5 2~9 12:45PN P2 Law offices of S. Edmund Resciniti MILLER, MONTIEL & ST~NO, P.C, 99 Powerhouse Road Suite 104 Ros[yn, Heights, NY 11577 Fax: (718) 647-2391 January 6, 2009 ~.r. Ja-'~-~-es King ~ ~-T.,~.t.~Q~ 37 Southold Board of Trus{~es ~ ~ Town Hall ~b ~r~' ,,~ Re: YAT~KIS PERMIT 18805 Soundview Avenue Dear Mr. King: I own 18575 Soundview Avenue in Southold - the second property west of the above referenced subject. Regarding the pool request, I do believe that the proposal should be denied as inimical to the water supply as well as the ongoing erosion of the bluff. It would be detrimental to the environment to permit a large building and pool on the subject lot which should be at least 100 feet from the high tide mark which is very close to the bluff. Unfortunately, I will not be able to attend the hearing but wish to be on record as to my serious concern to the granting of this variance to the existing zoning regulations. Resj:~trulf~ ~CINIT~ / SER/ka Beatrice DUPONT 18725 Soundview avenue SOUTHOLD NY 11971 SOUTHOLD TOWN ZONING BOARD 54375 route 25 Southold NY 11971 January 8th 20~ RE: GEORGE YATRAKISO6237 REQUEST for Variances lot located 18805 SOUNDVIEW ~.~o ~ 9 I am the owner of the adjacent lot to the west and do believe the requested variances should be denied for the following reasons: The bluff on lot located at 18805 Soundview has been eroding steadily in the past few years. Trees are regularly uprooted and fall from the bluff unto the beach .Five years ago, staircase of the property adjacent to the east of lot 18805.(LIEBL) was barely visible from lot 18725. Now, supporting pilings are visible. Cutting more of the vegetation by the bluffto accommodate a gazebo and trellis and a pool would further accentuate the problem. Because of the fragile nature of the bluff, whatever buildings or accessory buildings is allowed on this parcel should be in compliance of Southold zoning code of at least 100 feet from the top of the bluff. The proposed pool is on a side yard and less than 15 feet from the property line. This would create a nuisance for 18725 Soundview as the proposed pool would be around 16 feet from currem building bedroom windows. Besides, Health department Code requires a distance of 100 feet between well and septic system. I do not see how this can be achieved under the submitted plans. Further, the water supply is erratic in the dry months and a pool would further tax our precious water supply. I strongly feel that the proposed buildings are detrimental to the environment and character of the neighborhood. The lot size and configuration certainly would p~,'mit a building respectful of the town of Southold zoning laws. Respectfully submitted. Beatrice Dupont Encl: excerpt of letter dated March 26th 1995 from Mrs GOTSIS ,former owner of lot 18805 Soundview to Beatrice DUPONT acknowledging bluff erosion problem. Office Location: ~/Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) '-r Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel, (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Date: F~x # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: / / [] URGENT ~OR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS; Please find attached copy/copies of the following:. Thank you. Sender's Initials: Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 REPLY FORM Fax Transmission 765-4643 DATE: April 3, 2009 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Date of Building Inspector's Notice of Disapproval: March 27, 2009 (as amended) CTM 1000-51-1-14 (Yatrakis) ( X ) The application is incomplete. Please submit altogether the following (checked) information to the Board of Appeais in eight (8) sets including cover letter (8 copies). ( ) Filing fee $ (check $ is enclosed). ( ) Questionnaire Form (please refer to town question at paragraph C enclosed). ( X ) Setback to proposed dwelling at closest top of bluff boundary (missing on surveyor site map last dated March 26, 2009). ( ) Missing all se~s of building plans (as promised); only four sets were furnished 10/15/08). ( ) Missing: Information to show fence surrounding pool and raised brick, stone or other patio material around pool (if proposed to be raised from ground level). ( ) Missing: calculations in square footage and percentages and size of buildable lot after deducting area between CZM, bluff to property line adjacent to waterway, of all existing and proposed areas (copy of code definitions attached). ( ) Missing: photos of area between top of bluff and street, existing structures if any; tax property card, copies or letter confirming C&Rs. Thank you. ce Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 DATE: April 3, 2009 Patricia C. Moore, Esq. 51020Main Road Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 REPLY FORM Fax Transmission 765-4643 Re: Date of Building Inspector's Notice of Disapproval: March 27, 2009 (as amended) CTM 1000-51-1-14 (Yatrakis) ( X ) The application is incomplete. Please submit altogether the following (checked) information to the Board of Appeals in eight (8) sets including cover letter (8 copies). ( ) Filing fee $ (check $ is enclosed). ( ) Questionnaire Form (please refer to town question at paragraph C enclosed). ( X ) Setback to proposed dwelling at closest top of bluff boundary (missing on surveyor site map last dated March 26, 2009). ( ) Missing all sets of building plans (as promised); only four sets were furnished 10115108). ( ) Missing: Information to show fence surrounding pool and raised brick, stone or other patio material around pool (if proposed to be raised from ground level). ( ) Missing: calculations in square footage and percentages and size of buildable lot after deducting area between CZM, bluff to property line adjacent to waterway, of all existing and proposed areas (copy of code definitions attached). ( ) Missing: photos of area between top of bluff and street, existing structures if any; tax property card, copies or letter confirming C&Rs. Thank you. Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http:l/southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Date: kc~-I:RENCE:: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] ............. NOTES/COMMEHTS: Please find attached copy/copies of the following. Thank you. Sende~slnifia~: ~ ~.~, #9137 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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 said18th Newspaperday of December,°nce each2008.week for __1 week(s), successively, commencing on the Principal Clerl~ ] eday of_ Sworn to before me this _1~---~ L2008. NOTARY PUBLIC,$TA¥f OF NEW YORK No, 01-VO6105050 ~uuiii,=r3 #~ '~folk County Tom Code Chapter ~80 (~n~g)(~m~ of SRwhol~c me ~6~9_~g~pu~c:hear PE~S~ ~t ~the T6wE~ -~09~ Road,-~O. Box [1{79 :So~ol~; York 11971:095~ bn ~gDA~ CLA~ON GATFS ~.62~; R~que~t~6~ foot p~c~l ~de~-Sec~oh 70-124 bised Notice of Disapproval concerning a proposed secon~-~[~ry addition ~01- tera~inns t6 the existing dwellln~,~lifi than 35 B. !mmmum rear yard setback at 645 Jackson Street, Now Suffolk: 9:40 A.M. ANTHO~ and BARBA.- RA BONAGU,~A 86081', Request for a Special ExceptiQn under Zoning Code Section 280-13B for aporovaI of built Accesso~ Apartment with )wrier. enlarged mm iecent;~d~ti0n&~a~0 Holbrook Lane, Mfitti~k?'~g~i~3_ 9:55 A.M. MI HA. L K. and HER- based upon an apph~non for a b~ permit and th~'Bu d~g ~spector staung that the as-built mobile home is not permitted for Eva reasons:, ~ x it con- sutures a second dwelling umt, and (2) it contains leSS than 850 square feet of uv~ng area. Location of Property: 9525 >, l~¢e naer aechon 280- que~ for.a ,Var~fice~ialddr '~ "'"'~' . 18,'~sed on me applicant's request fora' lotdme change a~ ~¢ Bmldmg Inspec May t2 tor'sNoticeofDi~a~prova co 'mino'a o~L~:- 5~e~*~sapp[~ymc°n: ~4,194 square feet to 30.448 square'feel m total size. and eonce'rmng 1000-31 8-13 at 730 Bay Avenue East Marion which tot will become more conforming # 6241: Re q u e st f~r Variances under ~e~- tion 280 124, based on the Bud ng in- molishmg ,the exisung-buJ ding,h-at 2000 Broadwaters Road, Cuteho~ue; CTM [:30 RM. ~MAS G. and JO¥CF i. MES~SINA # 6223. Request for Vari- ances under Section 280-116A, iL based on the Building Inspector's September 2, 2008 Notice of Disapprovalc6ncerning a proposed accessory swimming pool and spa at less than 100,feet from the top of- the bank or bluff on a Jot adjacent ~o the Long Island Sound and mith lot cO~erage exceeding the code limitation of 20% on this buildable land area of 15:253 square and lot coverage exceeding me c~de feet. at 1690 ~e Strand, East Marion: flnitat on ~ :~q%:.on thLs nor~cmuorm- C~M 30~2_fil mg ~/. ,3! ~q~:lotrat 4050 ~mn'~¢- '. '~-5~' a proposed dwelling swin~ ~o, s~gle .side. yard, less ~ 15 f~t on me ' lb[fifio~ m~ trelli~ ;~ ~ t])~r~posyd 1-18~ Bung~o~e, Mattituck; ~ ~e tog o~.~e bluff~or ~-~' · cent to'~e,L I. o t}6~,~;~}~¢h~?9')fig'Re' lot, orc0fl~-pe~ttedSi~ard;0)mew ~ues ..... . ...... ~ ~nm~ ~,~.square constmctioffil pr~pBied at ess th~ the foot lot, ~der'~ ~de 2Secti0ns code-required nfinim~ ~f. 15 feet on a 280-122 and 280-124,'b~ed on app ca- s ngle-si~e yard, ~cation of Property' mg Inspector's August 22, 2008 Notice Disapproval cortcernltl~ a pergola I~ncl- nclght, swimnnng pool. and as D[iiII car oorl stluc[ul-e for thc reasons tllat I the proposed pergola be added Io thc dwelhng structure IS n pcrlnlHe(1 ZBA #3255 o£August 14. 1984 Conditions under ZBA #3950 dated July 11, I990 which states: thc fence and anx screening shall not exceed 4 ft. 6 m. m nam the corncr of Coda Point Drive Drive shall remain open mo un-vegc 2:10 EM. HENRY TRAEND[ y at~ BA]Rt~3ARA CA. DWAI.LADER. Jo Ruud NYS Route 25 East Maram Buddm= lnsoeclor's Ianuarl 30. 20(/~ Notice of DlsapptoOal, amen~ted Julv 25 the Bulk Schedule for CTM Parcel .Bcild~ng Inspector s January 30; 2008 ~i N~fi~ of Dis~ppr0-~al;~mended:Juiy 25. c0d6;r~qufi-e~ f 35 feet ~6r 2008'conceminga pr0posedsingie~fami- a r~ ?hrd ~etb~k :axzd which exceeds ly,dweiling (after ~l~ra~31iti0n o~:an exist. ih;' C~aeimaximhm l~tad~h of 20% hag build l~g) w Lll a PXop0~ed s ~g e S de 16t ~i3v~r~}at 1605 01d S[~ipyard L3mb; yard at iess ~han tile ~;de re~t/~i~:edmini- SouthOld; CTM 64;5}30. mum; of 10 feet; less 3hun the requk~d ; liE0 P,M ND'RF~W ~ LI A- combined ~[de yards 0f 25 fe~, and less th~n 35 f~ fr~m th~ fr0ht'ya~d 10t iix~e, ~v~fi~' m~de~rt C~:d~;qdefit Sns,28gq2 at'i3000Maln R0ad Eist Marion; CTM arid ~0-13Q;2.a, based on:~he Building 31-14~11. , Ifispec~6r's June 3012Q08 N0tic0 Of Dis- ;: The B0ard Of Appeals will hear apProva[~3aceming a~t N~pli~atiSn for a persons, or their representatives~ ;~esir- bhilding permit tO alter the Use qf an ac- lng to be heard at each bracing, cessory building (second floor) from an desiring to submit written statements acce~ioz~ use as a garag~ to the owner's before the conclusion of each .hearing. home occupatiowoffice with full bath- Each hearing will not start earlier room, after removal of the as-built kitch- designated above; Files ar~ available for en and cook~ng areas, instead l>f a home review during regular business hours ~fice carr!ed, o,n in t~e matin building, andp~b~g~tt?h~xli~?ofth~ hearin?I~you Principal Cie& of THE SUFFOLK TIMES, a we~l~ly ne~vsp~;er, pu~)l~'s"h~d"~'~' 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 week(s), successively, commencing on the 18th day of December, 2008. -- /% Principal Clerk Sworn to before me this ] Cday of _~--~ ' 2008. NOTARY PUSLIC-$TAYE OF NEW YORK No, 01-VO6105050 ~u~iifi~o #~ 'gu~olk County ~v ~om~l~o~ ~e~uasY 28, 2012 quest for a~¥afi under Sectien 280- U~ ' '~ lot-line change,~ ~h¢ Bfiil~ing Jnspec- May*12j~OO&~c~:~ pmp0sed inl akeh for;l~00~:;aii2 ~; at ~ Marion Lane, ~hich lot kJ!! becmne 35 f~t k0m tk~ont iot,~ (~mr, de: less conforming by reducing its'ske from; molish~g the ex~g bmidmgk!at 2~0 · 34,194 square ffffii t; 36,~8 sqd~e ~eet ' Broad~at~fs ~ha, ~t~h3~e ~M in total s~e. and concerning '1000-3~- 1~-9.12. 8-13 at 730 Bay Avenue, East Marinn, I:30 EM, THoMAs G. and JOYCE which lot will become more conforming I. MESSINA ff 6223, Request for Vari- b7 in~easing its~e fi'om 8 3~0 square ances ~der Section ~0-116A(1) breed ~et to 12,086 ~qu~z-e feet. . on the Building ~P~ctor~s Septem~r 10~30A.M.~ BER BERGAMI I 2008NoticeofDisappfo~al'cen6em~ga g 6241: Request for Variances under aec- proposed accessory s~imm~g pool ,: ( : :r~. t-- ,: . ~ m,~ lion ~0 124, based on the Bullring In- spa at l~ss than 100 feet fiom the top of ~ ~: ~:L~~}, spector's Odober i7;2~8 Notice 6fDis- the bank :0r bluff on~a ibl gdjaceht ~o ~e ~ ~<~(~S0~Q~B~:~ ' ~pprovhl concermg a pfoposed deck Long Isled Sound and~ lo[ c0~ragd ~' (' ~~O~(~E~S: addition at less: than the code-r~quired exceeding the code limitation of 20% on :~ ~~R~2~ :~ mi~um front yard setback of 35 feet this buildable land area of 15;253 sqmre j'~:~:snPUBLIC~R~GS:;..~::: and 10t_cove~a~ exceeding the ~de levi, at 1690 "~e Strand, East Marion; NOT!CE ISHE~BY G~N, phr- l~tafion ~f g0% on this tm~co~orm . ~M30~2 6~r~. Tow~ ~3~ ;Ch~pier~2~0~ Z6~}~ffe~n o~ Read; Mattimek; ~, 1235;20:: : ~ ~2~Tt.~fifst,fo/v~hees Cn~ of ~ 10:45 A,M. ~ ~6233. tioni ~0-15C and 280-I16A(1), based Request for a Va[lance under Section onthe Building Inspector's Octo~r 8, 280-124, based on th~ Bfiilding Iaspec- 2008 Notice of Disapproval con~mg tot's August 25, 2008 Notice 0f Disap: a proposed dwelling, swim~ p~l, proval concernh~g an as-built outdoor trellis and acc~gsory garage. ~c rea- shower addition to ~e singe-f~ y sons stated for disapproving the ~g dwelfing which is less than,10 feet 0n a permit application are: (1) the proposed single side yard, less t~n t5 f~t bn the ' lb~fib~g~e~l s tab. added to the opposite side yard; result~g ~ ]~Sg than house;tiaa fi&~sery ~w~mifig pool, ~ 25 feet for a total of both side yards at not permitted at ess than 100 feet from lda~ Bung~o~Line, Mattituck ~ m~ top.~f, me UU~0~ ~a~n lots ad a, ., .... 25,2008 [23~3¢6: cent to ~h~ E i~ S0~; (zS.'~ i~2~o~d ~ot ce or ~ sapprova concern ng a 11';00 ~a JACOUELINE Sw~m n iml is ~' " ' teratmns to.me ex~stwg dwelhng, ~: a erty~ 80 LakeSide,Drier ~d Ce~ Peint fr0nt Y~d: i~ t~ ease~ 9t ~ waier~on fl: mimmu~ smgle s!de s~back mz¢ le}~ quest for v~i~; in ~i~ 14}1!8 ~qUa~ con~efi66:i~ ~i~0~a. fit leS~ than 35 ft. minimum rear yard setba~,] foot in[, ~de~ ZbfiMg,'.~d~ secfi0ns code:Lequi~ed ~ni~ 0f 15 feet 0n a at 645 JacksonS~e~t, NewSqffol};~ 280d~ and'280A24~'based on applied- single ~ide yard2 Locfition of Property: 9:40 A]M ANTHONY- and BARBA] lng Inspector's August 22, 2008 Notice of (~M 51-1-14. RAB ONA© U,RA #6081 'Request for a Disapproval concerning a pergola, fence Special Exceptiqn und&Zo0ing Cod&' Section 280-13B for appr6va! of ands: built Accessory Apartment with 6wrier- occupancy ina single~il~ dgv~ll~g ~s ~E ~GHES q6~36x R3quest for V~i- ~ces under {¢cfitm$ ~0-4 ~d 28042 based upon a;~ apphca~0[for a burl0 ng permit ~d ~E:Band~g ~spec~6r'~ $~ stating that th~ as}built mobile home is not permitted for two ?eas~ns: ( 1 ~ it cop stitutes a second dwelling unit, and (2) it contains ]ess th~ 850 square feet of bring area. Location of Property: 9525 Main Road, Mattfluck; ~ 1000-122- screening shag not exceed 4 ft. 6 m. i~ height in front yard areas ;ti,nyc glade, 2:10 EM. HENRY 'FRAENDLY and BARBARA CADWALLADER. Lo cation of Property: South Side of Main Road (NYS Route 25). East Marion adjacent to GmdPlers Bay Based on the Building lnspector'.s January 3(h 20(18 Nolice of Disappl oval. amended July 25. 2008. thc applicant has submitted appb- cations requesting: A) ZBA # 62{)7 a Waiver of Mcrgc~ under Article Ih Sections [00-25 and. 100~26 (renumbercd 280-9 and 280 concermng County lax Map Parcel Numbers 12 and 11.in District 1000, Sec lion 31, Block 14 which states: "Merger A mmcontorming lot shall merge with all adjacent confi)rmiug or nonconforlning hu whit0 has [*cell held ira common ownership with thc first lot at nnv r/mc aftei July 1. 1983. An ad OW ~623qk Reques~ Uare fe~t Of buildab!e land un: se~fi~n~ 280-124 concerning lhi~ 7,700 d0r the Bulk Scheduie for CTM Parcel sg~ar~$~qet ~parceti and: based ,o,n the 1000~31~14 1.! a~d ~dj~c~g[ CTMd?a~cel I3~Bdi~ lh~)bcte~ ~ 'Augu~ 22:~2008 ~Nbtib. e.~f Disappr;va~ ~6nCe~g a p(ei C)zB~ g6i 54: ReqU~s~ ~or Variances .pbs~d;d~ak~;l~ire)x~,addifiomt6the under Secti0n 280~!247 based 6n the exis~g aing!e;~3 dwelljng~ Which .Building; Inspector s January 30; 2008 n~¢;~nstru~ti0U Will be less th~n the :iqe~i~e of Disapproyali~amcnded ~uly 2~, code~requil-ed minimum of 35 feet for 2008 concerning a proposed sing!e-fame- d re~r yard Setb~/ck and whlch exceeds ly dweiling (after ~lem~)litinn oran exist. the &de}mhxinmm l~tadbn Of ¢0% lng building) with a pr~p0se~Lsicgl~ ~ide ldt ~erfi. gd;fit 1605;/5td:S,hipyardLane; yard at le~s man the e0de required minfi- :mum of 10 feel less-than the required Southdld CTM 64.5~36. : i:~}EMi NIJ, BW a ~LI - combti~ed side yards of 25 fee~ aadless ¢~#6235. Reqffest fo? thah 35 fee~ from the fr0nt yard lot iine, ' ~4~ndef~Code0g~etiCns::28~:12. ar 13006 Maln,Road, E~ Marion CTM arid 280:_1,3~:2 ak based on,he Building 31-14,11. hasps&er s jdn~ 30,2Q08 Noticolof Dis: : The;BOard of AppeaIs writ hea~ all approva[concerning anapphcatibn for a persons, or their representativeg, aesir building permit to alter the use of an ac lng to be heard at each hearing, and/or cessm2~ building (second floor) kom an desiring to submit written statements accessory use as a garage to the owner's before the conclusion of each .hearing. home Occupation-office witk full bath- Each hearing will not start earlier robin,after removal of the as-built kitch- designated above. Files are available for en and co6king areas, instead t)f a home review during regular business hours office carried on in the main building, and:p~io~to, flmdgyofthehearingJIfyou 21de proposed change in ~se fi-om garage ave.~uestions, please do not hesitate tn a homk offlc~ is not permitted under io cofit~Ci 6h~ hffiee it (631) ~65d809, (~bdesi~ton280_13;,C;2a;Whichrequtres 6r bff e-maili Linda. KdWalski@Town2 a '!horn[ occupat eh; tb be incidental tO South0 d ny.us. :' the res dent a Use of the prerniiek and Dated: December 12; :~ar~e~l 0n~ifi the ~ain buiidihg, in addi5 ZONING BOARD OF APPEALS tion, t'he Bifilding:'Ihspectt~r state~ that GERARD P. GOEHRINGER, CHAIRMAN the existing living space with kitchen (apartment) as2built is not permitted Un: BY LINDA KOWALSKI der Section 280-t2, since the Code limits 54375 Main Road (office Location) each ld~ to only one dwelling. Location 53095 Main Road (Mading/USPS) of Properiy530653 C,R: 48 (a/k/a Middle RO. Box 1179 Road or North Road), Peconic; CTM Southotd;NY 11971-0959 73-4-5. 9137-1T 12/18 Office Locatio~n: ~t~/Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) '-r Southold, NY 11971 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (6.31) 765-1809 lq'ax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Date: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELE'~HONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: [] URGENT ~ORYOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] .......... NOTES/COMMENTS: Please find attached copy/copies of the followin, g<. Thankyou. Sender's Initials: \q/kx~/~'~ '0~ ~ce L_ocation: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 ~Mailin£ Ad.ess: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: REFERENCE:: Fax # TOTAL G COVER. SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT []AS REQUESTED NOTES/COMMENTS: Please find attached copy/copies of the following:, Thank you. Sender's Initials: NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME YATRAKIS, G. & M. #6237 MAP # 51-1-14 VARIANCE SETBACKS & YARD LOCATION REQUEST Dwelling, pool, trellis & garage DATE: THURS, JAN. 8, 200 ,, 1:50 PM 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. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 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: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.nortlafork.net December 10, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, January 8, 2009 Hearing 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 December 22nd 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 al.~l 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 addr(~ss as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or durin.q the hearinq, providin.q the returned letter to us as soon as possible; AND not later tha~ December 29th: Pl~;ase either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and fumish 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 headng. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later December 29th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no mora~than 10 feet from the front property line bordering the street. If you border more than one strebt or roadway, an extra sign is available for the additional front yard. Please deliver or mail your:Affidavit of Posting for receipt by us by January 5, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 17, 2008 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: ZBA File #6237 Action Requested: Within 500 feet of: Owner/Applicant: YATRAKIS Bluff setback and Lot coverage ( ) 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, Enols. Gerard P. Goehringer ZBA Chairman Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 17, 2008 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA File Ref. No. 6237 (Yatrakis) Dear Sir or Madam: We have received an application for a project adjacent to Long Island Sound in Southold, NY, and shown on the enclosed site map. The hearing on this application is expected to be held in approximately 6 weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for you assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Gerard P. Goehringer Chairman Encls. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOLITHOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 17, 2008 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6237 (YATRAKIS) Dear Mark: We have received an application for construction of a new single family dwelling, accessory in ground swimming pool, garage and trellis, as detailed on the enclosed map. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. May we ask for your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D. Thank you. Very truly yours, Gerard P. Goehringer Chairman Encls. /~ ~('~0~ c e Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 REPLY FORM DATE: October 16, 2008 Regular Mail and Fax Transmission TO: Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Date of Building Inspector's Notice of Disapprovah October 8, 2008 (as amended) CTM 1000-51-1-1t (Yatrakis, formerly Gotsis) ( X ) The application is incomplete and tabled. Please submit altogether the following (checked) information to the Board of Appeals in eight (8) sets including cover letter. ( ) Filing fee $ (check $ is enclosed). ( ) Questionnaire Form (please refer to town question at paragraph C enclosed). ( X ) Site info missing: pool equipment location measured to closest property line. ( X ) Missing all sets of building plans (as promised); only four sets were furnished 10115108). ( X ) Missing: Information to show depth of pool from ground and elevation of patio and pool, if any portions are proposed to be raised from ground level. ( ) Missing: calculations in square footage and percentages and size of buildable lot after deducting area between CZM, bluff to property line adjacent to waterway, of all existing and proposed areas (copy of code definitions attached). ( ) Missing: photos of area between top of bluff and street, existing structures if any; tax property card, copies or letter confirming C&Rs. Thank you. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of GEORGE YATRAKIS (Name of Applicant) CTM Parcel # 51-114 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and saythat: ~ , On the~-~ day of December, 2008, I personally mailed at the United States Post Office in'~outhold, 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 pr~)erty. // Sworn to before me this ;~ o/7/~ day of December, 2008 / (N~'tary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, ',?, O/. / PLEASE list, on the back of this Affidavit or on a she-E~T~r paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 January 6, 2009 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: YATRAKIS PROPERTY ADDRESS: 18805 SOUNDVIEW AVENUE, SCTM: 1000-514 HEARING DATE: THURSDAY, JANUARY 8, 2009 SOUTHOLD Dear Chairman: With reference to of Posting. Thank you. the above, enclosed please find Affidavit bp encls. Very ~ly yours Pa/~ricia ~.~ M~pre ! ZONING BOARD Of APPEALS TOWN Of SOUTHOLD: NEW YORK In the Matter of the Application of GEORGE YATRAKIS AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-52-1-14 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~i~IT/)$~ L~iKC , residing at being duly sworn, depose and say that: On th~ day of December, 2012~ I personally placed the lown's official Poster, with the date of headng and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or dght-of-way (ddveway entrance) - facing the street or facing each street or dght-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, January 8, 2009. Sworn to before me this (J -~" day of ~ NO. Ol PE 613~ *near the entrance or driveway entrance of the property, as the area most visible to passersby. YATRAKIS NEIGHBOR LIST SCTM: 1000-51-1-14 BEATRICE DUPONT 26 E. 81s'r STREET NEW YORK NY 10028 SCTM: 1000-51-1-13 JAMES LIEBL LINDA COUTURE PO BOX 1338 SOUTHOLD NY 11971 SCTM: 1000-51-1-15 CHARDONNAY WOODS HOMEOWNERS 225 BURGUNDY COURT SOUTHOLD NY 11971 SCTM: 1000-51-3-3.20 RECEIPT 7192 6463 3110 o0oo 2861 FROM: patd, c~a C MoOre Esq RECEIPT 7192 6463 3110 0000 2878 FROM: Patt~a C M(:ore Esq. RE: yattakis zba hearing RECEIPT 7192 6463 3110 0000 2885 FROM: Patricia C Moo~e Esq RE: yatrakis zba heating SEND TO: BEATRICE DUPONT 26 E 81ST STREET NEW YORK NY 10028 FEES: postage 042 TOTAL $ 5,32 POST,~M~ RK OR DATE SEND TO: JAMES LIEBL LINDA COUTURE PO BOX 1338 SOUTHOLD NY 11971 FEES: postage 042 TOTAL $ 5.32 pOSTM~.K OR DATE SEND TO: CHARDONNAY WOODS HOME 225 BURGUNDY COURT SOUTHOLD NY 11971 FEES: Postage 042 TOTAL $ 5~32 POSTMARK OR DATE PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 December 19, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: YATRAKIS PROPERTY ADDRESS: 18805 SOUNDVIEW AVENUE, SOUTHOLD SCTM: 1000-51-1-14 Dear Neighbor: I represent the above with regard to their property located at 18805 Soundview Avenue, Southold. They have submitted a request for a variance to the Southold Town Zoning Board of Appeals for construction of a new dwelling, swimming pool, trellis and accessory garage; the proposed locations of the trellis and swimming pool are not permitted at less than 100 feet from the top of the bluff or bank on lots adjacent to LI Sound, the swimming pool is proposed in a side yard rather than the code-permitted front yard in the case of a waterfront lot, or code-permitted rear yard and the new construction is proposed at less than the code-required minimum of 15 feet on a single side yard. The hearing on this matter is scheduled for THURSDAY, JANUARY 8, 2009 AT 1:50 P.M. at Southold Town Hall. A copy of the legal Notice is enclosed together with a portion of the site plan. The detailed plans are available for your review at the Southold Town Zoning Board of Appeals office during their regular business hours. If you have any questions, or you wish to support this application, please do not hesitate to contact me. PCM/bp encls. C: Dr. George Yatrakis Very ~r~ yours, 'P~E~ricia c. Moore Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 8, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), 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~ JANUARY 8~ 2009: 1:50 P.M. GEORGE YATRAKIS #6237. Request for Variances under Sections 280-15C and 280- 116A(1), based on the Building Inspector's October 8, 2008 Notice of Disapproval concerning a proposed dwelling, swimming pool, trellis and accessory garage. The reasons stated for disapproving the building permit application are: (1) the proposed locations of the trellis to be added to the house, and accessory swimming pool, are not permitted at less than 100 feet from the top of the bluff or bank on lots adjacent to the L.I. Sound; (2) the in-ground swimming pool is also proposed in a side yard, rather than the code-permitted front yard in the case of a waterfront lot, or code-permitted rear yard; (3) new construction is proposed at less than the code-required minimum of 15 feet on a single side yard. Location of Property: 18805 Soundview Avenue, Southold; CTM 51-1-14. 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 and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: December 10, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of GEORGE YATRAKIS AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-52-1-14 COUNTY OF SUFFOLK) STATE OF NEW YORK) APR 2 I 20O9 I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York being duly sworn, depose and say that: On the~l-.~ day of April, 2009, 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, April 23, 2009. ~ PLAT mC iA C.MOORE Sw.orn to before me this ~ I day of April, 2009. otary P~j_~'c / *near the entrance or driveway entrance of the property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK' In the Matter of the Application of GEORGE YATRAKIS (Name of Applicant) CTM Parcel# 51-114 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depo.~e . and say that: On the~ day of April, 2009, 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. (~,gnature~ ~ETSY PERKINS Sworn to before me this/--~-/-/ day of April, 2009. ~ ry )MARGARET C. RUTKOWSKI Notary Public, State of New York No, 4982528 Qualified in Suffolk County Commission Expires June 3, ;~--O// 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. YATRAKIS NEIGHBOR LIST SCTM: 1000-51-1-14 BEATRICE DUPONT 26 E. 81sqr STREET NEW YORK NY 10028 SCTM: 1000-51-1-13 JAMES LIEBL LINDA COUTURE PO BOX 1338 SOUTHOLD NY 11971 SCTM: 1000-51-1-15 CHARDONNAY WOODS HOMEOWNERS 225 BURGUNDY COURT SOUTHOLD NY 11971 SCTM: 1000-51-3-3.20 RECEIPT 71926463311000004025 FROM: Patricla c Moore Esq RE: yatrakis zba hearing SEND TO: BEATRICE DUPON~- ~ 26E 81STSTREET FEES: TOTAL $ 5.32 POSTMARK OR DATE RECEIPT 7192 64~3 311 o o0oo 4032 FROM: Patricia C Moore Esq RE: yatrakis zba hearing SEND TO: FEES: ~ ,, · oe~ t ~' 270 TOTAL $ 5.32 POSTMARK OR DATE RECEIPT 7192 6463 3110 0o00 4049 FROM: patricia C Moore Esq RE yatrakis zba hearing SEND [C~ 22~URGUND¥.COURT 9~I'HOLD NY 11971 FEES: ' Postage ~ ' 042 Certgied Fee 2 7[3 Return ReCeipt 2 20 Restricted TOTAL $ 5.32 POSTMARK OR DATE PATRICIA C. MOORE Attorney at Law 51020 Main Road Soutl'iold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 April 6, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: YATP~AKIS PROPERTY ADDRESS: 18805 SOUNDVIEW AVENUE, SCT~: 1000-51-1-14 SOUTHOLD Dear Neighbor: I represent the above with regard to their property located at 18805 Soundview Avenue, Southold. They have submitted a request for a variance to the Southold Town Zoning Board of Appeals for construction of a new dwelling, swimming pool and trellis at less than 100 feet from the top of the bluff or bank on lots adjacent to LI Sound. The hearing on this matter is scheduled for THURSDAY, APRIL 23, 2009 AT 1:30 P.M. at Southold Town Hall. A copy of the legal Notice is enclosed together with a portion of the site plan. The detailed plans are available for your review at the Southold Town Zoning Board of Appeals office during their regular business hours. If you have any questions, or you wish to support this application, please do not hesitate to contact me. PCM/bp encls. C: Dr. George Yatrakis yours, Office Location: Town Annex/First Floor, Capital One Bank ' 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 23, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), 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 THURSDAYt APRIL 23~ 2009: 1:30 P.M. GEORGE YATRAKIS #6237. Request for Variances under Sections 280-15C and 280- 116A(1), based applicant's amended application and the Building Inspector's amended April 3, 2009 Notice of Disapproval concerning a proposed dwelling with trellis addition and swimming pool construction at less than 100 feet from the top of the bluff or bank on lots adjacent to the L.I. Sound, at 18805 Soundview Avenue, Southold; CTM 51-1-14. 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 and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: April 3, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 PATRICIA C. ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 By: (Please Print PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 (Sxt,~ Fee) [] ~ { CERTIFIED 7192 6463 3110 0000 4032 7192 6463 3110 0000 4032 ¶. A~tlcle Addressed To: JAMES LIEBL LINDA COUTURE PO BOX 1338 SOUTHOLD NY 11971 (Extra Fee) [] CERTIFIED Yes 2. Article Number 7192 6463 3110 0000 4025 IxIA'~ Signature:~..~ ;,-~ ' (E3Addressee ~ or reAgent) )1 B. Re~ived By: ~(Please Print Clearly) c. Date of Delivery ~ ~? ~.~ , 7192 6463 3110 0000 4025 Article Addressed To: BEATRICE DUPONT 26 E. 81ST STREET NEW YORK\NY 10028 PATRICIA C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 .............................................City 4. Restricted Delivery? 13. (Extra Fee) [] Yes CERTIFIED 7192 6463 3110 0000 4049 1. Article Addressed To: CHARDONNAY WOODS HOMEOWNERS 225 BURGUNDY COURT SOUTHOLD NY 11971 ,I' PATRTCIA C- M00R~E E~QQO 4. Reetrlcted Delivery? 3. ServiceT I, 51OEO MA*TN ROAD (ExtrePee) [~Yes ' CERWED  2. Article Number 7192 6463 3110 DODO 2885 7192 646t 311O OOflO 2885 cHARDONNAY WOODS HOMEOWN£RS 225 BURGUNDY COURT SOUTHOLD NY 11971 PATRICIA C. MOORE ESQ. 5102B MATN ROAD SOUTHOLD NY 11971 J 4. Restricted Delivery? J 3. Service Type 'r (Extra Fee) [] YesJ CERTIFIED 2. Article Number 7192 6463 3110 0000 2878 7192 6463 3110 0000 2878 Article Addressed To: JAMES LIEBL LINDA COUTURE PO BOX 1338 SOUTHOLD NY 11971 PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 Addressee or [] Agent) B. Received By: (Please Print Clearly) c. Date J 4. RestrJoted Delivery? 3. se~d'~;'r'-'yp~' ----T J (Extra Fee) [] Yes I CER~F~D ~, I 7192 6463 3110 0000 2861 t. Article Addressed To: BEATRICE DUPONT 26 E- 81ST STREET NEW YORK NY 10028 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tek (516) 765-4330 Fax:: (516) 765-4643 December 22, 2008 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: YATRAKIS PROPERTY ADDRESS: 18805 SOUNDVIEW AVENUE, SCTM: 1000-514 HEARING DATE: THURSDAY, JANUARY 8, 2009 SOUTHOLD Dear Chairman: With reference to the above, enclosed please find Affidavit of Mailing, certified mail receipts and copy of letter to neighbors. Thank you. encls. ~etrUly yours, LA ISLAND LONG 2.5 2J 1 ROOF RUNOFF LOT COVERAGE SCDHS Ret.# R10-07-0099 SURVEY OF PROPE, ~/Y A T SOUTHOLD TO~rN OF SOUTHO. CERTIFIED TO' GEORGE YA TRAKIS MARIA YA TRAKI$ LAWYERS TITLE INSURANCE CORPORA TION SUFFOLK COUNTY, 1000--61--01--14 SCALE: 1'=$0' JUly 24, 2007 Aug. I0~ 2007 (addifions 4UG. 28~ 2007 (TOPO) AUG. $1~ ZOOT(CERTIFh CROSS SECTION SEP 77C S YS TE~4 115.00' TEST HOLE DATA McDONALD GEOSClENCE 7/m/o7 SOUND VI~W A F'ENUff ELEVATIONS REFERENCED TO N~G. ~D. I om tom/l/or with the STANDARDS FOR APPROVAL ,~ AND CONSTRUC770N OF SUBSURFACE SEWAGE ~ ~ryweH DISPOSAL SYS~MS FOR SINGLE FAMILY RESIDENCES ond will ob/de by the conditions set forth therein ond on the permit to construct. (VACANT) The Iocotion of wells ond cesspools shown hereon ore NO CE~SPOOL8 WITHIN from field observotions ond or Worn doto obtoined Worn others. 150' OF SECn~ 7209 ~ ~E NEW Y~K ST4~ EOUCAnON LAW AREA = 29,118 sq. ft. t0 tie line (651) 765-5020 P.O. BOX 909 12J0 TRAVELER STREET Sou~oLD, N.~. .97~ ~'' SCDHS R e£ # ~lt-0 7-O099 LONO TSI~4ND ROOF RUNOFF LOT COVERAGE CERTIFIED ~0, CROSS SECTION SEPTIC SYSTEM ?EST HOLE DA TA McDONALD GEO$CIENCE 7/20/07 ELEVA?7ONS REFERENCED TO N,G.~D. I am familiar with the STANDARDS FOR APPROVAL AND CONSTRUC?70N OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES ~o~ N87 SURVEY OF PROPER AT SOUTHOLD TOFN OF SOUTHOL, SUFFOLK COUNTY, 3~ 1000-51-01-14 SCALF~. 1'--30', JULY 24, 2007 Aug. I0~ ZOO7 Iodditions) AUG, Z8, ZOOT [TOPO) AUG, $1, ZOO7(CERTTFICA FEB. El, SO08 (REVSlON~ -~ F,.~ P,2 ~o°~(I,,:~h for /r~. - '".',:. -2-- - and will abide by the conditions set forth therein and on the permit to construct ¢v~c~NO The location of wells and cesspools shown hereon ore NO CESSPOOLS WITHIN from Reid observations and or from data obtained from others· 150' ANY AL~RAnON OR ADDDTON TO THIS SURVEY IS A [40LAI?ON OF SECnON 7209 OF THE NEW YORK STATE EDUCA?TON LAW. AREA = 29,118 sq. It. lo lie line EXCEPT AS PER $EC~?ON 7209-$UBDIW~ION 2. ALL ~TTRCA~(~$ COASTAL EROSION HAZARD LINE FROM HEREON ARE VAUD FOR THIS MAP AND COPIES THER£OF ONLY IF COASTAL EROSION HAZARD,MAP NO. 4 ($3~) (~3~) 765-1, P.O. BOX 12J0 TRAVELER STREETI SOUTHOLD, N.Y. ~97~ 107--1', 08/19/2008 14:33 FAX 631 766 4643 ~OOR~ LAW OFFICEK AUTHORIZATION LETTER Southold Town Zoning Board and Town Trustees P.O.Box 1179 Southold Town Hall Main Road, Southold, NY 11971 New York State Department of Environmental Conservation Building 40-SUNY Stony Brook, New York 11790-2356 Att: Regulatory Permits Any and all other State, County, or Local agencies. AGENT: name: Patricia C. Moore Esq. address: 51020 Main Road, Southold NY 11971 telephone number: 631-765-4330 OWNER: Mr. George Yatrakis 155 East 76th Street New York, NY 10021 PROPERTY: 18005 Soundview Avenue, SCTM#1000-51-1-14 Southold Dear Sir or Madam; The undersigned owners authorize Patricia C. Moore Esq. as our agent for all submissions to the Southold Town Zoning Board, Southold Tow~ Trustees, The New York State Department of Environmental Conservation, Suffolk County Department of Health Services, and any other State, County, or Local agency which may be required for construction o~ a d~ellin~ and ~w sanitary Maria la%rakis