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HomeMy WebLinkAbout6289 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 JUNE 16, 2009 RECEIVED ', 2 2009 ZBA FILE # 6289 - SUSAN TSAVARIS, Applicant PROPERTY LOCATION: 2170 The Strand, East Marion CTM 1000-30-2-53 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. LWRP: A letter dated May 12, 2009 was submitted to the Zoning Board of Appeals from the Town LWRP Coordinatom, Mark Terry and Scott A. Hilary, confirmed this action to be consistent with the LWRP policy standards and therafora consistent with the LWRP Chapter 268. 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 22,635 square foot pamel measuring 62.60 feet along the Long Island Sound, 347.18 feet along the eastern border, 85.55 feet along The Strand, and 352.99 feet along the western border. The lot is improved with a single-family dwelling and an in-ground swimming pool, as shown by a survey prepared by Kenneth M. Woychuk, L.S. dated June 11, 1975 and revised October 25, 2008. BASIS OF APPLICATION: Requests for a vanance under Section 280-116(A)(1) based on the BuMing Inspector's Mamh 4, 2009 Notice of Disapproval concerning proposed additions and alterations to a dwelling set back less than 100 feet from a bank or bluff overlooking the Long Island Sound, as per October 2008 Diagrams praparad by CNC Design Consultants (Job 2008-078) and setbacks shown on an October 25, 2008 prepared by Kenneth M. Woychuk survey. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 28, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: Page 2 - June 16, 2009 ZBA # 6289 - Susan Tsavaris CTM 30-2-83 AREA VARIANCE RELIEF REQUESTED: The applicant requests a vadance to allow the replacement and alteration of a nonconforming existing porch as an addition to the existing dwelling with a set back 77 feet from the top of the bluff. 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 vadance will not produce an undesirable change in the character of the neighborhood or a detriment to nea~y properties. Removal of a two-story deteriorated sunroom, rebuilding the first floor with extension for a second-floor balcony, will not result in a change in footprint or lot coverage 2. Town Law Section 267-b(3)(b)(2). The benefit of a renovation cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing dwelling has significant leaks in the area of the proposed reconstruction. 3. Town Law Section 267-b(3)(b)(3). The proposed vadance is not substantial. There will no change in footprint or lot coverage. 4. Town Law Section 267-b(3)(b)(5). The difficulty has not been self created. It is the result of partial deterioration of an existing, nonconforming two-story sun porch. 5. Town Law Section 267-b(3)(b)(4). No evidence has been submitted to suggest that a vadance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law Section 267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of this 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 Yod~ Town Law 267~B, a motion was offered by Member Simon, seconded by Member Weisman, and duly carded, to GRANT the variance as applied for and shown on the October 2008 Diagrams prepared by CNC Design Consultant,i! (Job 2008-078) and shown on the October 25, 2008 survey (with applicant's hand notations) prepared by Kenneth M. Woychuk. Any deviation from the variance given such as extensions, or demolitions which are no shown on the applicant's diagrams or survey site maps, areL~ot authorized under this application when involving nonconformities under the zoning code. This action does not authorize or 'condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Ayes: Members Goehdnger (Ch ' an), Simon, Wei an, r T ' Resolution was duly adopted (4-0)· ~,~pproved for Filing 6-~,~ -2009 ~ ~ J J Ir ,I II II II II II · ~ ~ ~ z ~GTION ~,. gna FLOOR' PLAN E~. HOUSE ~ ~O~F £X. HOUSE HOUSE RIGI-1T ~IDt:: VID~V ,,.~,. ~ EX/STING FOUNDATION t~L-~VA'T'ION O~ND~AL NOTE~ ENE~®Y NOTEO~ IN~TI~dGTION~ FO~ Tfff~ EG~E¢'~ WINDOW~ LIGHT, VENTILATION AND HEATING IN ACCORDANCE W/SECTION R303,1 ~ TERIAL NO TEE: FLOO~ING CONSTRUCTION FOUNDA T/ON ANCHOR SOL T CONNECTION REQblIREMENT$ ¢~Y 4~ WFCM $.2A WFCM Table 3. t NOTE: NO HEATING ELEMENT AND NO NC, CENTRAL AIR CONTEMPLATED AT THIS TIME NOTE: ALL INTERIOR HEADERS TO BE (2) 2 X 12 UNLESS NOTED OTHERWISE THESE PLANS WERE PREPARED IN DIRECT ACCORDANCE WITH THE METHODS SPECIFIED IN THE 2001 EDITION - WFCM WOOD FRAME CONSTRUCTION MANUAL CLIMATIC 8 ®EO®~AFf11C DE~I6N GI~ITEEIA WINDOW OPENIN® ~PEGIFICATION~ UPLIFT STRAP CONNECT/ON REQUIREMENTS FASTEST MILE WiNDSPEED (~) FRAMINGSPACING ROOFSPAN NUMBEROF~dO~NAI~$1N ~) (It) EACHENDOF'I-I/4'X2~C~4EE$~4p WFCM 3.$8 SHEA THING A TTACHMENT REQUIREMENTS NAIL SPACING 8d COMMON NAILS lOCATION EDGES FIELD 4' PER/METER ZONE ~ 6 INTERIOR ZONES 6 12 GABLE ENflWAI. L RAKE EI Tt'I LOOKOUT BLOCKS 4 4 WFCM 3.2,I. f RIDGE TENSION STRAP CONNECTION REQUIRE/~ENT~ FASIE~ ~1~ 12 2 2 18 2 2 211 2 $ El2 24 3 3 ~8 3 4 32 4 4 ~ 4 5 18 2 2 WFCM TABLE 3.4 TADL.-E f~Ol,O MINIMUM UNIFOI~M DI¢~Ti~Ii~Lrr~D D~I6N LOAD~ ~ I. IV~L04~ BE~LOAD ~ PO~T CAF MOUNT MAN~E~' FINAL MAP REVIEWED BY ZBA o c,s o. # I 3ATED ~ //..~l~J (~) r lEADER TO JhCK ~TUD OONN~CTION (~) OUTSIDE COI('NEI~ D!ETML terro~ewz S.C.T.M. NO. DISTRICT: 1000 SECTION: JO BLOCK: 2 LOT(S): SI~4°48'1~9"E \ ~9.64' -. ~ TiE LINE ALONG APPROX \~. \ HIGH WATER MARK TIE LINE - A~RAGE LINE OF BLUFF ~ N~3%o'~5"~ X 130.09' LOT 112 LOT 111 34.3' 217.54' AREA: 22.6.35 S.F. OR 0.52 ACRES ~IE WATER SUPPLY, WELLS, DRYW~LLS AND C£SSPOC! LOCATIONS SHOWN ARE FROM FIELD O~SERVATION5 AND OR DATA OBTA,.INED FROM OTHERS. £LEVA ~ION DA ~'UM: ......................... CERTIFIED TO: SUSAN T. TSAVARIS; KENNETH M. WOYCHUK L.S. i~,,,4 Surveyil~ and Desiln P.O. BOX 3 MAI'rlTUCK, N.Y. 11952 PHONII (031) 8gB-tOSO IP{.~ (6fit) ~08-t~88 SURVEY OF: LOT 111 klAp OF: PEBBLE BEACH FARMS F,LED:JUNE 11, 1975 AS #6266 SITUATED AT: SOUTHOLD TO~ OF: SOUTHOLD SUFFOLK COUNTY. NEW YORK ~ClLE # 28-88 SCALE I"=,~0'r)ATE OCT. 25,2008 FINAL MAP REVIEWED BY ZBA SEE, DECISION # ~ DATED L, IL I .~ _ ct. N 23° ~3'~5~ W $24°4? 129.64' FINAL MAP REVIEWED BY ZBA SEE, DECISION # .?cc. [~lk. ~.dT'<s) 1# OPEN DECK AREA W/ RAILING ~INAL MAP REVIEWED BY ZBA s,=,= DATED ' I~..~.~.. I.~.~..~- 8 MAP EVtEWED BY ZBA DECISION # SEE SEE ATTACHMENT DETAIL 'B' SECTION USE STAINLESS STEEL or TRIPLE DIPPED GALVANIZED FASTENERS INTO ACQ LUMBER - 1'-4-" 1'- 4-" ROOF PANELS: 4 1/4", 0.032, 2#, ROOF LOAD: 25 P.S,F. TOTAL WEIGHT OF TEMO PRODUCT: 10,~0 lbs. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: March 4, 2009 TO: Susan T. Tsavaris 2170 The Strand East Marion, NY 11939 Please take notice that your application dated February 4, 2009: For permit for additions and alterations at: Location of property: 2170 The Strand East Marion, NY County Tax Map No. 1000 - Section 30 Block 2_ Lot 53 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations, on this non-conforming 22,635 waterfront lot in the R40 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 bluff or 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 construction is shown at 70 feet +/- from existing top of bank. Vicki Toth CC: file, ZBA Note to applicant any changes to the above noted application may require further review by the Southold Town Building Dept. FORM NO. 3 NOTICE OF DISAPPROVAL TO: Susan T. Tsavaris C/o Jacqueline Cacoperdo 1233 Saxon Avenue Bayshore, NY 11706 Please take notice that your application dated February 4, 2009: For permit for additions and alterations at: Location of property: 2170 The Strand East Marion, NY County Tax Map No. 1000 - Section 30 Block 2 Lot 5--3 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations, on this non-conforming 22,6~ lq in the R4,0 District, is not permitted pursuant to Article XXII, Sectioff~280-116(A)(1). wh~h states All buildings or structures located on lots adjacent to soun -a~d unon whioh~ere exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 DATE: February 6, 2009 feet from the top of such bluff or bank." The proposed construction is shown at 70 feet +/- from existing top of bank. Additionally, tl~e~t~ alterations and additions are not permitted pursuant to Article XXIII Sectio~ 280-122A Whioh states; "Nothil~-,4n-~e shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance w!th regard to the regulations pertaining to such buildings." The proposed alterations and additions to this single-family dwelling, notes~a side ,/ar.d/] setback of 10.6 feet. Pursuant to the ZBA's interpretation in Walz (#5039), and alterations will thus constitute an increase in the degree of non-go~f~i The construction is not permitted pursuant to Article XXIII, Sect(~n 280-124, ~v~hich states that non-conforming lo~ts~20,000 to 39,999 square feet, reqm'i're~ktegm~ setbacks ofminim~-~5 feet with~o~X~35 feet, the survey denotes Side yards of 7.5 and 10.6. Vicki Toth CC: file, ZBA Note to applicant any changes to the above noted application may require further review by the Southoid Town Building Dept. DEPARTMENT OF PI~ANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehrlnger, Chairman April 21, 2009 APR 2 9 2009 Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Galeotafiore, Durante & Anna Tsavaris, Susan Geroulanos, Spiro Ruggieri, John ' Fischer, Daniel & Nancy Strang, Garrett (Bentancourt) Delucia, Diana Fishers Island Development Corp. Hill, Ronnie (Mason) 6286 6289 6290 6291 6292 6294 6296 6297 6298 Very truly yours, Thomas A. Isles Director of Planning ...~..~ Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853.4044 ~O~FFICE LOCATI I ~ ~wn Hall AnnexON: /54375 State Route 25 ~"/Main Rd. & Youngs Ave. thold, NY 11971 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: From: Gerard P. Goehringer, Chair Town of Southold Zoning Board of Appeals ( Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: May 12, 2009 Re: ZBA File ref. No. SCTM# 1000-30-2-53 SUSAN TSAVARIS 06289. Request for a Variance under Section 280-116A(1), based on the Building Inspector's March 4, 2009 Notice of Disapproval concerning a proposed addition and alterations to the existing dwelling with a setback at less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 2170 The Strand, East Marion; SCTM 1000-30-2-53. 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 CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. The proposed additions will not result in an increase in the existing footprint or increase in the ground area coverage of the single family dwelling. The following Best Management Practice (BMP) is recommended: l) Storm water generated from impervious surfaces should be retained within the subject parcel landward of the bluff. NOTE: That the average line of bluff depicted on filed map for the Pebble Beach Farms subdivision is inaccurate. The existing top of bank as noted (hand written) on survey is consistent with the top of bluff as verified during a site visit to subject parcel on April 14, 2009. Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney APPLICATIOI~O THE SOUTHOLD TOWN BOAR~F APPEALS . For Office Use Only Fee:$ t'/Lb~ FiledBy: ,~ Y'~,~,9.4~0,~ Datenssigned/nssignment~o. om~e Notes: Parcel House No.c~ t'70 Street'-/--~/ SCTM 1000 Section 20 Block ~ Lot(s) ~_~ Lot Size Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: ]"t~ .~?~Jn/-/ ~,,, Applicant/Owner(s): Mailing NOTE: In addition to the above please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee~ etc. and name of person who agent repFesent$~ Authorized Representative: ~ ~/~ for ( ) Owner, or ( ) Other: Address: Telephone: Please check box to specify who you wish correspondence to be mailed to, from the above names: · '[9/Applicant/Owner(s) [] Authorized Representative [] Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: [3~luilding 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 ~mbers. ~/~ Do not quote the code. Article . Section280-J..( ,..l,J/l£A-'"x(' Subsection Type of A,Rpeal. An Appeal is made for: ~A Variance to the Zoning Code or Zoning Map. H A Variance due to lack of access required by New York Town Law-Section 280-A. H Interpretation of the Town Code, Article Section H Reve~al or Other A prior app~ .~as not been made with respect to this property UNDER Appeal No.~ ~ . ~lease be sure to research before completing this question or call our omce to ass~t you.)~ t t Name of Applicant: S-'~ ~ ~ IS CTM # Z~FiI¢ # REASONS FOR APPEAL (additional sheets may be used with preparer's AREA VAt. CE ~ASONS: (1) An und~irable change will not be produced in the C~cTER of the neighborhood qr.~a~ detriment to nearby properties if granted, because: (2) The benefit sought by the applicant C~NOT be achieved by some method feasible for the appliCant to pursue, other than an area v~ia~¢e, beCause: (¢) i ne amount m relie~ requestea is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: , ' (5) Has the alleged difficulty been self-created? ( )Yes, or (~o. Are there Covenants and Restrictions concerning this land: [] No. ~'Yes (please furnish cony). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure~o consult JSignatore of Appellant or Authorized Agent Sworn to before me this ~ ,~ (Agent must submit writte~ Authorization from Owner) day of ~(Y~tla-~ . 20~)~ .. Not~Ocy P u~blic APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: 60~5 ~/,..) 'Ts/.-~ x~/~ ~ ~ ~ Date Prepared: I. For Demolition of Existing Building Areas pleas~ describe areas being remoA, ed: II. New Construction Areas (New Dwelling or New Additions/Extensions). ~.Dimensi°ns of first floor extension-. . ~q'., O~, ~ ti ~ l~ ''~ 5[,~ '~( ( tc~t,~O.i ,~ ~mens~onsofnewsecondfloor.. ~_. 3 5 [%'~ ,~ t ~ hll' ~ " Dimensions of floor above second level: txJ [ ~ Height (from finished ground to top of ridge): .~.~P 3 '~" Is basement or lowest floor area being constructed? I'f ~,es, please provide height (above ground) measured from natural existing grade to first floor: /~' O III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Flo_ors and General Characteristics BEFORE Alterations: IV, Calenlations of building areas and lot coverage (from snrve),or): E×isting square footage of buildings on you property: Proposed increase of building coverage: O Square footage o yourlot: o- ,a aece (a¢ Si Percentage of coverage of your lot by building area: - V.E~Purp°se ofNew Construction:v O~ ~ ~e~ ~ VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered witll-y, ar_d.¥iew 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FlI JNG WHH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? U Yes B. Are there any proposals to change or alter land contours? Mo [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? hDC) 2) Are these areas shown on the map submitted with this application? 3) Is the,property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confmn status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? /~t 0 (Please show area of these structures on a diagram if any exist. Or state "none" on'the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? /'J If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: Do you or any co-oWr~er also own other land close to this parcel? the proximity of your lands on your map with this application. If yes, please label 617.21 ~4ppendix C J ~ ' State Environmental Quality Review , SHORT ENVIRONMENTAL AESESSMENT FOR~ .i .i For UNLISTED ACTIONS Only PART I - Project Information (To be complete by Applioaat or ProjeCt sponsor) 1. Applicant / Sponsor 2. Project Name 3. Project location: Municipality Count/ '"'" 4. Precise I~llon (S~eet address and road lnleme~ons, prominent landmaAs, etc. or provue ~ap) 5, Is proposed action: I( )NEW ( )EXPANSION ( ~ODIFICATION/ALTERATION I 6. Describe project bdefly: ' 7. Amount ct land affected: Initially:~)(~) I'~)~ acres; Ultlmalely: acres ] 8. Will proposed action comply with existing or other existing land use resbictions:( ) YES ( ) NO If No, descdbe bde§y: 9. What is present land use in vicinity of project: (describe): I(i ~)/Residential ( ) Industrial ( ) Commercial ( )Agricultural ( )ParkJForest/Open Space ( ) O~her 10. Does action Involve a permit approval or funding, now er ultimately from any other Governmental agency,(Federal, State or Local) ? I (~/~YES () NO If Yes, list agency(s) and peri'nil/approvals: 11. Does any aspect of the action have a currently valid permit or approval? I ( )YES ( -~)' NO If Yes, list agency(s) and permit/approvals: 12. As a result of proposed action, will existing permit/approval require modifies§on? I( ) YES (V~ NO If Yes, list agency(s) and permit/approvals: I certify that the information provided above is true to the best of my kn, owledge Appllcant/SpoosorName:~'~U~:¥~ 7'~r~X~ ~<~ Dale: ~'l~, lO'~ Signature:,; /~ If the actioh~i$ ifffhe Coastal Area, and you are a state agency, comp eta the C(~astal Assessmen Form before proceeding with this assessment Town of Sou th old INSTRUCTIONS I. LWRP CONSISTENCY ASSESSMENT FO~ ..... 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 Lac). This assessment is intended to supplement other information used by' a T$~h ~-~'-~thold agenc~; in making a determination of consistency. *Except minor exempt actions inclu&'ng 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 e/{planations of each policy contained in the Town of Southold Local Waterfi'ont 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, it' 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 LTM policy standards and conditions, j~: 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 Plamfing Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): TownBoard [-q Planning Board['--] Building Dept. [~ BoardofTrustees [~] 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)---q%-rmit, approval~ license, certqtYd~i~ ................................... ]~L. Nature and extent of action: Location of action: Site acreage: (/.~ ~ Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) NameofaPplicant: ~ ~'~ ~ ~ (b) Mailing address: '-~ (c) Telephone number: Area Code ( )_(~9 ~ I ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [--] NoF--~ Ifyes, which state or federalagency?___ C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southoid that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use Of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [~Yes [~ No [~ Not Applicable Attach additional skeets if necessary Poli~t2r.~'rotect and~i'-~-~Ve~i'Sl~i-c--h~-fl arcingS6 olb~g~c~l Section III- Policies P~ges 3 thro:~gh 6 for evaluation crite~ie;°urces ~-~~,d' See LW.-- Attach additional sheets if necessary .',. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of South01d. See LWRP Section !II - Policies Pages 6 through 7 for evaluation criteria [~] Yes ~-] No [~ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section II/- Policies Pages 8 through 16 for evaluation criteria [] Yes ~ No [-~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 th[~gh 21 for evaluation criteria ~7] Yes ~1 No I-xJNot Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Sonthold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - PoliciesL~_P_ages 22 through 32 for evaluation criteria. -- A-~ach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Sonthold. See LWRP Section III ~ Policies Pages 32 through 34 for evaluation criteria. [~ Yes [] No [~ Not Applicable , ~;i;,~,~ 1 3 Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and w~es. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Y. es ['~ No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III- Policies; Pages 38 through 46 for evaluation criteria. ~'~ Yes F~ lNo ~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Pohcy 10. Protect Southold s water-dependent uses and promote siting of new water-dependent uses in suitable Iocations~_~ee LWRP Section III - Policies; Pages 47 through 56 for valuation criteria. ~-y~s- F--~-N6..[_.~ i-N ~ t_A~liEa3~i~ .......................... A~ch additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, th:e Peeonl~tuary and Town waters~f LWRP S. ection iii- Po!icies; Pages 57 through 62 for evaluation eriteria.'~' [~ Yes [-~ No ~ Not Apphcable A~ach addifionalsheetsifnecessary Policy 12. Protect agricultural lands in the Town'of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policr~; Pages 65 through 68 for evaluation criteria. [] Yes ~-] No L~J Not Applicable Created on 5/25/05 11.'20 AM APPLIC~ TO OWNER, CONTRACT VENDEI 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. (Last name, first name,, ~iddle initial, unless you are applying in the name o~ 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 -' *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? _Relatmnshlp lnclu~des b~ ~e, or busi_n~ss interest. "Business interest" means a business, including a a~prship, in which the Town officer or employee has even a partial owners_hip of (or_ _employment by) a corporation in which the Town officer or employee owns more than 5% of th~ YES NO I,~ If you answered "YES'; complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position 9fthat 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 descr/be 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 corporatidn); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __. ~ C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted thi~. day ~ ~ AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS ~ TOWN OF SOUTHOLD , WtlEN TO usE THIS FORM: The form must be completed by the applicaut for any stw.._cial~e permit, site plan approval, Use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural districa All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with sections 239- m and 239-n of the General Municipal Law. 2) Address ofApplieant: ~i'-/O 'TI'~ 2b~'-¢--¢~-¢,3'~ -'E~/~'T /--4/~/OA--) /k)g¢ 3)NameofLandOwner(ifotherthanapplican0: %t2'~fl-~,_) -'F-<~t~/~f~ · 4) Address of Land Owner: 2-1 "/O. '-/'-:~-{~: ._~'"Ct~I~vB ~/2~%-7- b4~ lot,.) AJ4, 5) Descriplion of Pr0p0sed Project: . 0 6) Location ofProperty (road and tax map number): ~7~/-/t~&~ _~57/] ~A) /-') ..~7'~._~O 7) Is the parcel within an agricultural district? [~No [-]Yes If yes, Agricultural District Number 8) Is this parcel actively farmed.'? [~No I-lyes 9) Nume and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town AssesSors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please uge back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from the Office of the Planning Board at 765- or the Zoning Board of Appeals at 765-1809. ignatUre of Ap!~licant Date I. The local board will solicit comments from the owners of land identified above in order to consider the effect oftbe proposed action On their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Corcanents returned to the local board will be taken into consideration as part of the overall review of this apPlication. 3. The clerk to the local board is responsthle for sending copies of the corapleted Agricultural Data Statement to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 2. No building of the type commonly referred to as "mobile" or "modular" shall be installed on any lot. 3. No commercial vehicles, recreational vehicles, trailers, or campers shall be kept ungaraged on any lot. Any boat stored on the premises is to be stored along the rear line of the plot, if not garaged. 4. No more than two pets shall be maintained on the premises by any lot owner. 5. Exterior clothes lines shall be installed in a manner that will detract to a minimum from the appearance of the neighborhood and with due consideration for the aesthetic value thereof. (Amended see page 11) 6. No fences, either natural or man made, shall be erected or maintained on any lot in excess of four (4) feet in height except that this limitation may be exceeded if required by the zoning ordinance of the Town of Southold in connection with the construction of a swimming pool or similar facility. However, no fences whatsoever shall be erected or grown in that area of each plot which is forward of a line established by extending the rear line of each house to each side line of the plot. Each corner lot shall for these purposed be considered to have it's front yard on the street of the longest dimension. 7. No title in and to the bed of the road is to be conveyed to the lot purchasers. The Declarant retains the said title and the right to dedicate and convey the said title to the Town of Southold or to a lot owners' association, which association is as hereinafter provided. However, the land in the bed of the streets shown on said map shall be subject to easements to provide for the installation and maintenance of all utilities and drainage facilities now or hereafter installed to provide service for the lot owners, wherever installed on the surface of, or above or below the ground. 8. No nuisance nor noises of any kind, unwholesome and offensive to the neighborhood, shall be permitted to exist on said premises, nor shall any accumulation rubbish, garbage, junk or materials of any kind be permitted to remain on said premises. No advedising signs, billboards or other sign devices shall be permitted on any of said lots excepting developer signs which comply with the Southold Town sign ordinance. A lot owner may maintain a "for sale", "for rent", or "professional office" sign on his lot not larger than 12" x 24". 9. No sand, earth or sod shall be removed from a lot, or excavation be allowed to remain open thereon, except as may be necessary during building construction periods. After construction, landscaping shall be installed and maintained thereafter in an attractive manner. 10. An owner of a water front lot fronting on the Long Island Sound shall not construct any part of the dwelling northerly of the approximate 100 foot bluff set back line shown on the filed map, unless approved by the Town of $outhold. 1 I. The individual lot owner shall be responsible for, and repair or cause to be repaired, any damage to the paved and drainage swale areas of the road in front of his lot, which may be caused by the operation of vehicles or machinery during construction or otherwise. 12. The use of each lot shall be limited to one family residential use. fO~',VN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20 Approved ,20__ Disapproved a/c Expkafion ,20__ FEB 4 2009 BLDG. DEFT. TOWN OF SOUTHOLD PERMIT NO. BUILDIN~ERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS Z- c7/ ,206ffi a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the constmctinn of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. i~ e~ or name, i~a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name ofownerofpremises t/~,~-O~C yC '.~U.3-A/3J T~'//l/~t/C/'~' (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: House Number Street Ha~nlet / County Tax Map No. 1000 Section Subdivision ~ a. Existing use and occupancy 3. Nature of work (check which applicable): New Building Repair Removal t,~ Demolition 4. Estimated Cost · Fee Addition Alteration Other Work 2 (Description) (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. if business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front ~t/q. ~ Rear Height Number of Stories 2 ~TV. Dimensions of same structure with alterations or additions: Front 2 ~,, Depth //~ Height 2~'- 3'/~" Number of Stori, 8. Dimensions of entire new construction: Front Rear Height Number of Stories 9. Size of lot: Front ~o~. ~- ~ Rear ~ 2.6,0 Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES __ NO__ 13. Will lot be re-graded? YES__ NO t~Will excess fill be removed from premises? YES __ NO 14. Names of Owner of premises ,5'ex,s~ta Ts/tt/~_Address ~r..p/.~ ~¢.~?}j//~_t/q.?gPhone Name of Architect 2)~:~z:v~- A::'A~/4~,4tC.~-.~t,J Address~_P. hone No _/.~.~/- NameofContraCtor 2")p~__/k~t/o..~f-c4ep ~- Address Iqq/A//l~s,4~ ~9,/t/~. PhoneNo. b,~/- 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ~ NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES __ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) SS: COUNTY OF ) ~ J~¢x/~_;' ___~-O. ~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)Ue is the ~t/'~ L/~ (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith· Sworn to before me this QulJlfled In Suffolk GOuT~/)~./~ '~..k=a Ex,re, August 3~ ~ pplicar~ M~ P OF PEBBLE BEACH FAt~MS i TOWN OF SOUTHOLD PROPERTY RE'~"OED CARD -'"' i/d6J-.2',~ - 2_ OWNER STREET ~,~ ~--j C) VILLAGE DIST. SUB. LOT S W TYPE OF BUILDING RES. ~ I~ ~ SEAS. VL. '... FARM COMM. CB. MICS. Mkt. Value --~,~T' --~-0- ,~ Tilloble FRONTAGE ON WATER Wo~lond FRONTAGE ON ROAD Meodowl~d DEPTH ~ ~ ~ ~ ~ House Plot BULKH~D Totol TRIM 30.-2-53 1/08 Breezeway ~ Garage Patio Oo B° Total )o X2. t-- 4oo Foundation Both Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor ,/ Dinette K. LR. DR. BR. FIN. B Susan Tsavaris 2170 The Strand East Marion, New York 11939 MAR 1 8 2©09 Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 March 17, 2009 Dear Members: My existing Four Seasons all glass sunroom, which was constructed in 1995 has been slowly deteriorating. The rubber seals have dried and caulking has failed to stop the developing leaks. Last year I removed the existing siding, located and replaced all rotted wood, in an attempt to stop these leaks without success. The leaks have continued and are now affecting my light fixtures. I respectfully request that the Board hear my appeal as quickly as possible so that this hazardous condition may be rectified. I thank you for your consideration. Sfcerely,ir~ ~ , ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTi~ 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.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville March 19, 2009 Zoning Appeal No. 6289 Transmitted herewith is Zoning Appeals No 6289 of Susan T. Tsavaris - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, LWRP Consistency Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, Covenants & Restrictions From Pebble Beach Farms, Copy of Application for Building Department Dated February 4, 2009, Notice of Disapproval From Building Department Dated March 4, 2009, Copy of Survey Map Showing Lots of Pebble Beach Farm Date July 17, 1974 Prepared by Young & Young Land Surveyors, Copy of Property Record Card (Both Sides), 5 Pages of Photos of Property Showing Different Views, Copy of Survey Showing Property as it Exists Dated October 25, 2008 Prepared by Kenneth M. Woychuk L.S., Copy of Survey Showing Property as it Exists and Proposed Construction Dated October 25, 2008 Prepared by Kenneth M. Woychuk, L.S., Copy of Site Plan Dated October 25, 2008 Prepared by Kenneth M. Woychuk, L.S. with Deodat Ramsarran's Engineer Stamp, 7 Pages of Plans Showing Sections & Under Existing & Layout Sketch, 3 Pages of Engineer's Plans Showing Floor Plans & Elevations & Material Notes Dated October 2008 Prepared by CNC Design Consultants. ZBA TO TOWN CLERK TRANSMITTAL SHEET ' (Filing of Application and Check for Processing) DATE: 3/18/09 ZBA # NAME CHECK # AMOUNT TC DATE STAMP !~ECEIVED 6289 TSAVARIS, Susan 1461 $400.00 M~,R 1 9 2009 $outh~ ~ld Town Clerk $400.00 By__ Thank ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 03/19/09 * * * RECEIPT * * * Receipt~: 43571 Transaction(s): 1 1 Application Fees Reference Subtotal 6289 $400.00 Check~: 1461 Total Paid: $400.00 Name: Tsavaris, George A. 299 Reeve Road Mattituck, NY 11952 Clerk ID: CAROLH Internal ID: 6289 Office Location: Town Annex/First Floor, Capital One 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 SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 28, 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~ MAY 28~ 2009: 1:10 P.M. SUSAN TSAVARIS #6289. Request for a Variance under Section 280-118A(1), based on the Building Inspector's March 4, 2009 Notice of Disapproval concerning a proposed addition and alterations to the existing dwelling with a setback at less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 2170 The Strand, East Marion; CTM 1000- 30-2-53. 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: May 5, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 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.northfork.net May 5, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, May 28, 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 May 14th 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 address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner1 to the best of your ability, and to confirm how arranqements were made in either a written statement1 or durin.q the hearing1 providing the returned letter to us as soon as possible; AND not later than May 15th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board 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 May 19th: Please make arrangements to place the enclosed Poster on a signboard such as ~ardboard, 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 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 your Affidavit of Postin.q for receipt by our office before May 26, 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. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF SION POSTING Regarding Posting of Sign upon Applicant's Land Identified as ............... COUNTY OF SUFFOLK) STATE OF NEW YORK) E~--~ ?-4 t~[4>-~O~, New York, being duly sworn, depose and say that: Onthe tl .dayof }'~/~t ~, I personally placed the Town's official Poster, with the date of heating and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or fight-of-way entrance;* and that [ hereby confirm that the Poster has remained in place fo.~e_v3 ~y_~ to tF~t date of the subject hearing date, which hearing date was shown to be - / (Signature) S~.om to before me this / 3 v"- day of "ff/O~ ,200c] (Notary Public) LAUREN M. STANDISH Notary Public, State of New York No. 01S¥6164008 Qualified in Suffolk County Commission Expires Apfll 9, 20L/_._ *near the entrance or driveway entrance of my property, as the area most visible to passersby. ZONINO BOARD OF APPHALH TO'ITl OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name_of Applieaats) cr P ,#,ooo- o - AFFIDAV~ Or MAILINGS COUNTY OF SUIv~OLK) STATE OF NEW YORK) ~z~-~'T- ~ ~-v'{ ~ ,New York, being duly sworn, depose aud say that: On the f~L day of. ~'~ ~r ~ ,~300 .~, I personally maikxt at the United Slates Post Office in~a~Ce.~ ~ t , New York, by CERTIlqED MAIL, RETURN RECEIPT REQUE._3TED, a true co~y of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the ourrent assessment roll verified from the official records on file with the (b)-Assossors, or ( ) County Real Property Office .., for ove~y property which abuts and is across a public or priv~a~ street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) -~- Sw~m to before me this / 2 r'-day of ~rr-/ox~ ,200<] (No~ Public) LAUREN Mm STANDI$~ Notavy..Publlc, State of New ~'ork No. 01ST6164008 Qualified in Suffolk County Commission Expires Aprit '~ '~8 lJ PLEASE list, on the baok of this Affidavit or on a sheet of paizr the lot numbers next to tho owner names and addresses for which notices were mailed. Thank you. rtl Certified Fee [;3 Restricted Delive~ Fee rtl $5.54 05112/2009 ~ Tot~Pomg~ & F~ $ iAL USE $2.80 $2.;~ $ $5.54 $0.44 0.°52 $2.80 03 $2.30 ¢0.00 , · Complete Item~ 1, 2, and 3. Also complete A. Signature Item 4 if ~ Dellve~ Is desired. · Print you~ name and address on the mverso eo tbat we can retum the card to you. · Attach thl~ card to the back of the maffplece, ~. ~e~ to: , addres~ different flora item 1 ? If YES, enter delivery address below: [] No I [] Registered [] Remm Rec~pt for Me~',and~e ~ [] Ineumd Mall [] C.O.D. /4. ~dd D~.~ ~,~, r~) [] ,,~ · Complete Itema 1, 2, and 3. Also complete Item 4 if Reet~cted Delivery is desired. · Print your name and eddress on the mveme so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: by ( Prlnt~l Name) D. Is daiive~y address drffete~ from item 17 if YES, enter delivery address below: Pol ~ Mall [] Expmse Mall [] Retum Receipt for Merchandise [] I~surdd Mall [] C.O.D. 4. Res~icted Deitve~ (Exlra Fse) I 'l yse · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that wecan return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. [] Agent 0 Addmeese D. Isdelive~/addresadifferentflomiternl? '1 Yes rf YES, enter delivery address below: [] NO [] Express Mall [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Daiivery? (Extra Fee) [] Yes ~i;ansfe?fromse~lcelabel) 7005 3110 0000 0994 7000 ; PS Form 3811, February 2004 Domesth= Return Receipt 102595-O2-M-1540 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME TSAVARIS, SUSAN #6289 MAP # 30-2-53 VARIANCE BANK/BLUFF SETBACK REQUEST ADDITION/ALTERATION DATE: THURS, MAY 28, 2009, 1:10 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 #9297 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 1 week(s), successively, commencing on the 14th day of May, 2009. Principal Clerk Sworn to before me this ~/~/' dayof ~."" 2009. ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, EO, Box 1179, Southold, New York 11971- 0959, on TllURSDAY. MAY 28. 20091 9:40 A.M. DEBORAH SUTHER- LAND and CHARLENE MOTT # 6273. Request for a Variance under Zoning Code Section 2g0-13(m). based on the Building Inspector's January 14, 2009 Notice of Disapproval concerning an application concerning conversion of the basement area to an accessory apart- ment (without a permit). The Certificate of Occupancy for the existing single- family dwelling was issued May 31,2007, and Section 280-13(m) states that the building must have a valid Certificate LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 28,,2009 PUBLIC HEARINGS OTICE IS HEREBY GIVEN, pursu ant to Section 267 of th~ Town Law and Town Code Chapter 280 (Zoning), Town of Southold. the followin~ t~ublic hearin ~ will be held by the SOUTHOLD TOWN on total (both) side yard setbacks, and of Occupancy issued prior to January I, CTM 1000-118-6-7 (adjacent to Peconic 1984~ or proof of occupancy prior to that Bay). date. Location of Property: 42205 Coun- 11:25 A.M. JOHN and KATHLEEN ty Road 48 (a/k/a North Road. Middle Road), Southold; CTM 10{Y0-59-3-25.1. 9:50 A.M. LUKE LICALZI #6280. Location of Property: 2105 Calves Neck Road, Southold; CTM 1000-70-4-46.1. Requests for Variances under Sections 280-15-F and 280-122, based on tl~e Building Inspector's revised February 23, 20~ Notice of Disapproval concern- at less than 75 feet from the bulkhead, at 150 West Shore DrNe. Southold; CTM 1000-80-5 5.1 adjacent to Southold Bay. 11:15 A.M. MICHAEL and LINDA GAMBARDELLA #6272. Requests for Variances under Section 280-124, based on the Building Inspector's December 15. 2008 amended Notice of Disapproval concerning a proposed addition to the single-family dwelling. The proposed breezeway addition is proposed to con- neet the preexisting two-story garage to the dwelling, resulting in: (1) a side yard setback at less than the code-required 15 ft. minimum and (2) lot coverage exceeding the code limitation of 20%, at 9480 Nassau Point Road. Cutchogue; BERKERY # 6277. Location of Prop- erty: 250 Bayview Drive, East Marion (adjacent to Spring Pond); CTM 37-4-2. Requests for Variances under Sections 280-116 and 280-124, based on the Build- ing Inspector's January 15, 2009 Notice of Disapproval concerning an applica- tion for a building permit to construct additions and alterations to the existing built pool-house) which are not permit- ted, for the following reasons: 1) Accessory Garage building with proposed additions/alterations: a) create an increase in the degree of the side yard location nonconformance, where the code permits a location in a rear yard or front yard on this water- front parcel; b) create an increase in the degree of the setback to the side property line at less than the code required minimum of 15 feet on this 58,519 square foot lot; c) the height is proposed at 25 feet, where 22 feet is the maximum code- permitted; 2) Accessory Poolhouse building: the as-built construction is in a side yard, where the code permits a location in a rear yard or front yard on this water- front parcel, 10:05 A.M. STANLEY and CHRIS- IINE MALON # 6271. Location of Property: 1445 Fleetwood Road, Cu- tchogue;CTM 1000-137-4-33.1. Requests for Variances under Section 280-17A(1) and Section 2780-i5(b)(c)(d), based on an application for a building permit and the Building Inspector's November 5. 2008 Notice of Disapproval concerning a proposed accessory garage/pool house, The reasons that the application were disapproved are: (1) two one-family dwellings will be created on this 16,059 square foot lot, (2) the proposed total square foot- age will be 1739 square feet instead of the code limitation of 660 squat? feet for lots up to 20.000 square feet in area, (3) the dormers will exceed 40% of the roof width limitation, (4) the height will be 24,6 feet instead of the code maximum limitation of 22 feet, (5) the setback will be six (6) feet in- stead of the code required minimum of 20 feet. 10.20 A.M. WILLIAM and MAR- GARET ItOIYELL # 6275. Request for a Variance under Section 280-116A(1), based on the Building Inspector's Oc- tober 15, 2008 Notice of Disapproval concerning an application for a buil~ting permit to construct additions and aitera~ tions to the existing dwelling, which new construction will be less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 9202 Bridge Lane, Cutcbogue; CTM 1000-73-2:3.1. 10'.30 A.M. KENNETH MARL- BOROUGH g 6279. Request for a Vari ance under Sectiop 280-I5, based on the Building Inspector's October 7, 2008 Notice of Disapproval concerning an ap- plication for a building permit to locate an accessory swimming pool structure in a front yard in part, rather than en- tirely in a r~ar yar& at 95 Strohson Road lng proposed additions and alterations dwelling. Tine reasons stated for disap- to the existing accessory structure and proving the application are: concerning the accessory building (as- (1) a single side yard setback will be [ess than 10 feet; (2) the combined side yard setbacks will be less than 25 feet (both sides)~; (3) the rear yard setback will be less than 35 feet from the property line; (4) the setback to the bulkhead will be less than the code required minimum of 75 feet; (5) the percentage of 1o[ coverage on this buildable lot area of 8,676.41 square feet ~vill exceed the code limitation of 20%. 1:10 PM. SUSAN TSAVARIS ~6289. Request for a Variance under Section 280-116A(1), based on the Building In- spector's March 4, 2009 Notice of Disap- proval concerning a proposed addition and alterations to the ex~stmg dwelhng with a setback at less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 2170 The Strand, East Marion; C~M 1000~30-2-53. 1:15 P.M. MADELINE DROEGE #626% (Pending attendance by owner/ appgcant). Reques[ for a Special Ex- ception in accordance with Code Sec- tion 280-13B(14) for establishment of an Accessory Bed and Breakfast, as an accessory use in the existing single- family dwelling, with owner-occupancy, for the purpose of lodgi~.g (two guest bedrooms) with serving of breakfast to guests for overnight stay as B & B guests, at 885 Perry's Drive, Orient, a/k/a as Lot 6 on the filed Map of Perry's Bight; CTM Parcel #100~-14-2-24. 1.'40 P.M. LEANN NEALZ #6274. Requests for Variances under Section 280-124, based on the Building haspec- tot's January 14, 2009 revised Notice of Disapproval concerning a proposed rear screen porch addition to the existing dwelling, which construction will result in a rear yard setback at less than the code required minimum of 35 feet and lot coverage exceeding the code limita- tion of 20%, at 195 Village Lane, Orient; CTM 1000-18-5-8. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hear- ing. Each hearing will not start earlier than designated above. Fries are avail- able for review during regular business hours and prior to the day of the hear- ing. If you have questions, please do not hesitate to contact our office at (63.1) 765-1809, or by email: Linda. Kowalski@ Town. Southold.ny, us. Dated: May 7, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY L1NDA KOWALSKI 54375 Main Road (Office Location} g3095 Ma~n Road (M. ai~lin~g/US. ~PS.2 2000 said Newspapu= '-"' ....... 1.._4I~ day of ~ Sworn to before me this ~ day of 2009. LEGAL NOTICE sOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 28,,2009 pUBLIC HEARINGS OTICE IS HEREBY GIVEN, pursu- ant to Section 267 of thp Town Law and Town Code Chapter 280 (Zoning),Town of So~thold. the fol]owine public hearin~ will be held by the SOUTHOLD TOx'VN ZONING BOARD OF APPEALS at the Town Hall. 53095 Main Road, PO, Box 1179, Southold, New York 11971- 0959. on ~ 9-.40 A.M. DEBORAH SUTHER- LAND and CHARLENE MOIT # 6273. Request for a Variance unsd~ Zoning Code Section 280-i3(m), ba on the Bintding Inspector's January .14. 2009 NotiCe of Disapproval concerning an application concerning conversion of the basement area 'to an accessory apart ment (without a permit).The CerJificate of Occupancy for the existing single- family dwelling was issued May 3 i,2007, and Section 280-13(m) states that the building must have a valid Certificate on total (both) side yard setbacks, and at less than 75 feet from the bulkhead, at 150 West Shore Drive, Southoid: CTM 1000-80-5-5.1 adiacent to Southold Bay. 11:15 A.M. MICHAEL and LINDA GAMBARDELLA g6272. Requests for Variances under Section 280-124. based on the Building Inspector's December 15.2008 amended Notice of Disapproval concerning a proposed addition to the single-family dwelling· The proposed breezeway addition is proposed to con- nect the preexisting two-story garage to the dwelling, resulting in: (l) a side yard setback at less than the code-required 15 ft. minimum and (2) lot coverage exceeding the code limitation of 20%, at 9480 Nassau Point Road, Cutchogue: of Occupancy issued prior to January 1, CTM 1000-118-6-7 (adjacent to pecomc 1984. or proof of occupancy prior to that Bay). date, Location of Property: 42205 Ct)un- 11'.25 A.M. JOHN and KATHLEEN ty Road 48 (a/k/a North Road, Middle BERKERY # 6277. Location of Prop- Road),Southold;CTM 1000-59-3-25.1. erty: 250 Bayview Drive, East Marion 9',$0 A.M. LUKE LICALZI #6280. Location of Property: 2105 Calves Neck Road, Southoid; CTM 1000-70-4-46.L Requests for Variances under Sections 280-15-F and 280-122, based on the Building Inspector's revised February 23, 20~ Not ce of Disapproval concern- ing p~oposed additions and alterations to the existing accessory structure and concerning the accessory building (as- built pool-house) which are not permit- ted, for the Iollowing reasons: (adjacent to Spring Pond); CTM 37-4-2. Requests Ior Variances under Sections 280-116 and 280-124, based on the Build- ing Inspector's January 15, 2009 Notice of Disapproval concerning an applica- tion for a building permit to construct additions and alterations to the existing dwelling. The reasons stated for disap- proving the application are: (1) a single side yard setback will be less than 10 feet; (2) the combined side yard setbacks 1 ) Accessory Garage building with will be less than 25 feet (both sides)'; proposed additinns/alterafions: (3) the rear yard setback will be less a) create an increase in the degree of than 35 feet from the property line; the side yard location nonconformance, (4) the setback to the bulkhead will be less than the code required minimum where the code permits a location in a of 75 feet; rear yard or front yard on this water- front parcel; b) create an increase in the degree of the setback to the side property line at less than the code required minimum of 15 feet on this 58,519 square foot lot; c) the height is proposed at 25 feet. where 22 feet is the maximum code- permitted; 2) Accessory poolhouse building: the as-budt construction is in a side yard, where the code permits a location in a rear yard or front yard on this water- front parcel. 10.~5 A.M. STANLEY and CHRIS- ~INE MALON # 627L Location of Property: 1445 Fleetwood Road, Cu- tehogue; CTM 1000-137-4-33,1. RequestS for Variances under Section 280-17A(1) and Section 2780-15(b)(c)(d)~ based on an applica fion for a ~;~,dsinNgoP:ermm~tera n~ the Building Inspec ' ' 2008 Notice Of Disapproval concerning a proposed accessory garage/pool house, The reasons that the application were disapproved are: (1) two one-family dwellings will be created on this 16,059 square foot lot, (2) the proposed total square foot- age wig be 1739 square feet instead of the code limitation of 660 square feet for lots up to 20,000 square feet m area, (3) the dormers will exceed 40% of the roof width limitation, (4) the height will be 24.6 feet instead of the code maximum limitation of 22 feel}) the setback will be six (6) feet in- stead of the code required minimum of 20 feet. 10-.20 A.M. WILLIAM and MAR- GARET HOWELL # 6275. Request for a Variance under Section 280-116A(1), based on L~e Building Inspector's Oc- tober ~5. 2008 Notice of Disapproval concerning an application for a buil~li~lg permit to construct additions and altera- tions to the existing dwelling, which new construction will be less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 9202 Bridge Lane, Cutchogue; CTM 1000-73-2~3.1' 10'.30 A.M. KENNETH MARL- BOROUGH # 6279. Request for a Vari- ance under Section 280-15, based on the Building Inspect~)r's October 7, 2008 Notice of Disapproval concerning an ap- plication for a building permit to locate an accessory swimming pool structure in a front yard in part. rather than en- tirely in a rear yard. at 95 Strohson Road at l~ittle Neck Road, Cutchogue; CTM 1000 103 10-15. 11:00 A.M. VINCENT AND LAU- RA MANETTI #6278. Requests for Variances under Sections 280-t16-B and 280-122. based on the Building Inspec tor's November 19. 2008 Notice of Dis- approva concernin~ proposed additions and alterations to~the existing single- mil dwelling. The reasons stated f~r ~sa~roving the building permit appb- :ation are that the new construction will ;oBstitute an increase in the degree of nonconformance on a single side var& (5) the percentage of lot coverage on this buildable lot area of 8,676.4! square feet ~vill exceed the code limitation of 20%. 1:10 p.M. SUSAN TSAVARIS g6289. Request for a Variance undc~ ~ecti~nn' 280-116A(1).based on the Building - spector's March 4, 2009 Notice of Disap- proval c~ncerning a proposed addition and alterations to the ex~sting dwelling w t~ a setback at less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 2170 The Strand, East Marion; CTM 1000-30-2-53. 1:15 P.M. MADELINE DROEGE #6267. (Fending attendance by owner/ applicant). Request. for a Special Ex- ception in accordance with Code Sec- tion 280-13B(!4) for establishment of an Accessory Bed and Breakfast, as an accessory use in the existing single- family dwelling, with owner-occupancy. for the purpose of lodging (two guest bedtoofi~s) with serving ~f breakfast to guestS for overnight stay as B & B guests. at 885 Perry's Drive, Orient. a/k/a as Lot 6onthefiledMapot* - g ' 1:40 P.M. LEANN NEALZ #6274, Requests for Variances under Section 280-124, based on the Building Inspec- toFs January 14. 2009 revised Notice of Disapproval concerning a proposed rear screen porch addition to the existing dwelling, which construction will result in a rear yard setback at less than the code required minimum of 35 feet and lot coverage exceeding the code limita- tion of 20%, at 195 Village Lane, Orient; CI'M 1000-18-5-8. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hear. in#. Each hearing will not start earlier than designated above. Files are avad- able [or review during regular business hours and prior to the day of the hear- ing. ff you have questions, please do not hesitate to contact our office at (632) 765-1809, or by email: Linda. Kowaiski@ Town.Southold.ny.us' Dated: May 7,2009. ZONING BOARD OF APPEALS GERARD P. GOEItRINGER, CHAIRMAN BY LINDA KOWALSIO 54375 Main Road (Office Loc~tion) 53095 Main Road (MailingFslSPS) P.O. Box 1179 Southold, NY 11971~0959 92~9~_7-3T 5/14 . 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.nor th fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 18, 2009 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA File Ref. No. 6289 (TSAVARIS) Dear Sir or Madam: We have received an application for a project adjacent to Long Island Sound in E. Marion, 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 Chainla. an Encls. By: 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.nor th fork.net BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 18, 2009 Mr. Thomas Isles, Director Suffolk County Department of Plannihg 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 XlV of the Suffolk County Administrative Code: ZBA File #6289 Action Requested: Within 500 feet of: Owner/Applicant: TSAVARIS Bulkhead and Setbacks ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Gerard P. Goehringer ZBA Chairman By: Encls. Office Location: Town Annex/First Floor, North Fork 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 March 18, 2009 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6289 (TSAVARIS) Dear Mark: We have received an application for additions and alterations, 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. By: APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ca,aries Grigonis..Ir. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Viga Telephone (516} 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southol~, New York 11971 F~x (516~ 765-1823 Telephone (515) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 4080. Upon Application of GEORGE AND SUE TSAVARIS. This is an Appeal for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of location of accessory satellite (antenna) dish structure with a setback at approximately 36 feet from the bluff 'line. The requirement for all structures under Section 100-239.4 is 100 feet from the Long Island Sound bluff. Location of Property: 2170 The Strand Way, East Marion, NY; Pebble Beach Fazes Filed Map No. 6266, Lot ill; Parcel ID No. 1000-30-2-53. WHEREAS, a public hearing was held on May 7, 1992, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and %Pn~, the Board made the following findings of fact: -1. This is an application for a Variance under Article XXIII,' Section 100-239.4 for approval of an accessory structure, i.e. satellite antenna dish which has been located (without a building permit) in the rear yard area and the base of which is shown to be situated 37 feet from the existing top of the L.I. So~nd bluff. 2. The premises ia known as Lot No. 111 on the "Map of Pebble Beach Farms" and is improved with a single-family, two-story dwelling with porch situated at 55-1/2 feet from the closest distance to the top of the bluff line and located 100 feet from the average top of bluff shown on the filed subdivision map. Also existing at the premises is the subject antenna diah structure, barbeque "bLamer," play area and deck landward of the Page 2 - Appl. No.~ ~80 Matter of GEORGE & SUE TSAVARIS Decision Rendered June 4, 1992 top of the bluff. There are steps sloping down the bluff no the beach area at the bottom of the bl%h~f. 4. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 5. Correspondence has been received from the office of the Town Trustees confirming that the antenna s=ruc=ure is beyond their jurisdiction under the Coastal Erosion Hazard Ordinance adopted in November 1991 (Ch. 37) and the Town Wetland Ordinance (Ch. 97). 6. The applicants have indicated that they have communicated with the N.Y.S. Department of Environmental Conservation and have been assured that the structures are grandfathered as exist. 7. For the record, the following additional information is noted: (a) the overall height of the antenna dish is at a maximum of 17 to 18 feet above ground; (b) the overall width of the antenma dish is approximately nine (9') feet; (c) there are cedar trees existing along the easterly side of the antenna location which will suffice for screening purposes -- additional screening would limit waterviews for the property owner and adjacent property owners; (d) satellite signals are lim/ted to areas located within 45 feet, or less, o£ the top of the bluff line {shown on the copy of the survey with the signal areas highlighted in yellow}. There is no other location except to position the satellite at a dangerous height on the roof of the house, or perhaps in the front yard, which is not permitted without variances and further consideration. The alternatives are not more feasible under the circumstances. (e) this application is strictly for the satellite antenna dish, and not for any other structure existing at this time within 100 ft. of the top of the bluff. (No other variance application has been found of record for this property.) Pige 3 - Appl. No~ ~080 Matter of GEORGE &' ~UE TSAVARIS Decision Rendered June 4, 1992 8. It is the position of this Board that in considering this application: (a) the relief requested in this application is not substantial in relation to those bu~ldlngs existimg generally in the neighborhood and along this Sound bluff; (b) an accessory structure for satellite antenna purposes is required to obtain a building perm/t, however, it is not a prohibited use; (c) it is not uncommon for parcels along the Sound bluff to require variances for accessory structures within 100 feet of the bluff because the principal structures preexist the enactment of Section 100-239.4 (previously 100-119.2 under the old zoning code}; (d) there is at least one othez similar antenna dish located in the immediate nefgb-borhood to thewest; (e) the difficulties are uniquely related to the property and its topography, and the difficulties claimed are not personal to the landowner; (f) the amount of relief requested will not in turn be adverse to the safety, health, welfare, com~ort, convenience or order of the town, nor will it prevent neighboring properties from enJo!anent of their properties; (g) there is no alternative feasible for appellants to pursue other than a variance; (h) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. ~ccordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a variance for an accessory (satellite antenna dish) structure only, as applied in the Matter of MR. AND F~S. GEORGE TSAVARIS under Appl. No. 4080, SUBJECT ~ ~ FOLLOWING CONDITIONS: 1. That the antenna dish not be replaced, rebuilt, re-located, moved, or otherwise alter~or modified (except through an additional permit/variance application ~rocess); 2. That the cedar trees as exist be properly maintained in good condition; Matter of SEORGE &'SUE TSAVARIS Decision Rendered June 4, 1992 3. That there be no physical disturbance to or near the bluff area; 4. That the appellants must apply for and receive a building permit (and other agency approvals which may be deemed necessary) for structures at this site. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Dinizio and Villa. Nay: Chairman ~oehringer (voted against the resolution because he felt that additional screening along the easterly property line was necessary). This resolution was duly adopted. (Margin: 4-1]. lk , MAP"OF' PrZOPE~TY SURVEYED. . ,FOP. · GEOI~GF_ ~AVA2I ~,~T ~,r~o~ / $¢ALE-.4~. I' E3, I,,IONU~F-NT ~, P~PE APPEALS BOARD MEMBERS Gerard P. Gnehringer. Chairman Serge Doyen, J~. Jmnes Dinizio. Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTt L. HARRIS Supervisor Town Hill. 53095 Ma/n Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4114. Upon Application of GEORGE TSAVAtAIS. A Variance to the Zoning Ordinance, Article XX/II, Section 100-239.4 for approval of deck area as exists at the top of bluff stairWay along the L.I. Sound. Location o~ Property: 2170 The Strand Lane, East Marion, NY; Pebble Beach Farms Filed Map No. 6266, Kot 111; Parcel ID No. 1000-30-2-53. WHEREA~, a public hearing was held on September i0, 1992, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefqlly considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: l. This is an application appealing a Notice of Disapproval issued on April 1, 1992 by the Town Building Inspector on the grounds that the subject "accessory deck...is less than 100 feet from the bluff," and requesting a setback variance under Article XXIII, Section 100-239.4 for approval, as exists. 2. The premises is known as Lot NO. 111 on the ~'Map of Pebble Beach Farms" and is improved with a single-family, two-story dwelling with porch situated at 55-1/2 feet from the closest distance to the top of the bluff line and located 100 feet from the average top of bluff shown on the filed subdivision map. Also existing at the premises is the subject antenna dish structure, barbeqlle "burner," play area and (subject) deck landward of the top of the bluff. There are steps sloping down the bluff to the beach area at the bottom of the bluff. 3. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and struettLres located on lots upon which there exists a bluff or bank lahdward of the shore or beach of Matter of GEORGE TS~ARIS Decision Rendered September 10, 1992 shall be Set back not less than one hundred (100) feet from the top of such bluff or bank. 4. Correspondence dated June 18, 1992 has been received from the office of the Town Trustees confirming that the subject deck is beyond their jurisdiction under the Coastal Erosion Hazard Ordinance adopted 'in November 1991 (Ch. 37) and the Town Wetland Ordinance (ch. 97). 5. The applicants have indicated that they have communicated with the N.Y.S. Department of F~nvironmental Conservation and have been assured that the structures are not in violation of the permit issued August 18, 1989 under DEC No. 10-89-0394. 6. For the record, the following additional information is noted: (a) the height of the accessory deck is approximately 18 inches from ground to top of deck, Wnd the ~osrs are approximately four ft. deep in the ground; (b) the diameter of this deck is 25 feet, and there is an outer stairway with three steps from ground level; (c) there are cedar trees existing along the easterly side property for screening purposes -- additional screening would limit waterviews for the property owner and adjacent property owners; {d) this application is strictly for the aceessory deck at the top of the bluff stairs and is not and will not be physically attached to the house or any other structure. 7. It is the position of this Board that in considering this application: (a) the relief requested is in this application is not Substantial in relation to similarities existing generally in the neighborhood and along the Long Island Sound bluff; (b) stairs and platform/deck areas are necessary to gain access to the beach and water area below the bluff for which N.Y.S. Department of Environmental Conservatien approval was issued; (c) it is not uncommon for parcels along the Sound bluff to require variances for s minor accessory structure or stair accessways within 100 feet of the blur; Page 3 - Matter of GEORGE TS~Ai~IS Decision Rendered September t0, 1992 (d) prior to the enactment of Section 100-239.4 (previously 100-119.2 under the old zoning code) {Spring 1985}, Notices of Disapproval and/or building permits were not issued by the Building Department and therefore no appeal process was followed for variances under this provision of the zoning cede; (e) the difficnlties are uniquely related to the property and its topography, and the difficulties claimed are not personal to the landowner; (f) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, eonvenience or order of the town, nor will it prevent neighboring properties from enjoyment of their properties; (g) there is no alternative feasible for appellants to pursue other than a variance; (h) the amount of relief requested will not in turn he adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (i) the variance will not cause a substantial effect on governmental facilities; (j) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. 8- Upon inspection, it is was noted that the bluff is heavily vegetated, some of which is weed growth. There are shrubs, tree and viney growth throughout the bluff face. The yard shopos south towards the dwelling and is well vegetated in turf grasses. The bluff areas for this property and othex properties to the east and west have no toe stabilization. It does not appear tht the high tide reaches the toe area of the bluff. In the event bare spots should become visible, then they should be planted to 'Cape' A~eriean beachgrass, making sure not to disturb any other existing vegetation as per report of the Suffolk County Soil and Water Conservation District Office dated July 29, 1992. 9. For the record, it is noted that this determination shall not affect the validity of, or more stringent requirements by, other agencies (Town Trns~ees, DEC, etc.). Accordingly, on motion by Mr. Goehringer, seconded by Mr. Villa, it was Matter of GEORGETs~ARIS Decision Rendered September 10, 1992 RESOLVED, to grant the relief as requested Under Appl. No. 4114 in ~he Matter of the Application of GEORGE TSAVARIS, SUBJECT TO TH~ FOLLOWING CONDITIONS: I. That there be ~o adverse physical disturbance to or close to the bluff areas; 2. That there be no change in location or structural modification of the existing sun cIeck -- deck shall remain the 3. That there be no canopy or roof; 4. That there be no Dole lighting (only shaded fixtures when needed for lighting-safety purposes}. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Doyen, and Villa. This resolutzon was duly ~d6pted. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Diniz/o. Jr. Robert A, Vi~a Richard C, Wilton BOARD OF APPEALS TOWN OF SOUTHOLD O Southold Town Hall 53095 Main Road P.O. Box .!.i79 Southo~d. New York 3.1971 Fax (516) 765-1823 TeleDhone (5101 765-1809 FINDINGS 'AND DETERMINATION Appl. No.. 4245. Application of GEORGE and SUSAN TSAVARIS for a Variance under A~:icle XXIII, Section 100-239.4A for permission to locate swimmiugpool with fence enclosure within 100 feet of bluff of the Long Island Sound. Location of Property: 2170 The Strand, Lot III at Pebble Beach Farms, East Marion, NY; Parcel ID No. 1000-30-2-53. WHEREAS, a public hearing was held on June 8, 1994, at wkiah time persons desiring to be hea~cl were heard and their testimony recorded; and WHEREAS, the Board has carefully considered ali testimony and doetunentation submitted concerning this application; WHEREAS, Board Membere have pel.so..lly viewed and are famiH.e with the premises in question, its present zoning, and the stL~'ounding axe. as; and WHEREAS, the Board made the following FindinKs of Fact: I. This is an application for a Va~ca under Article XXIII, Section I00-239.4A for approval of an accessory aw~mmt._c, pool structure with fence enclosure in the r~ue ya~cl a~ea of the subject premises. A variance is requ/red for th~ r~ason that the rear yard encompasses that area within 100 feet of the Long Island Sound bluff. The satbaaks of the pool a~ructure are p~oposed at not closer 50 feet to the ex/sting line at the top of the bluff (or bank) of the 2, This proper~y is known and identified as Lot No. 111 on the "Map of Pebble Beach Farms" and is improved with a aL,1Kle-f-mil¥, two-story dwelling with porch situated at 55-1/2 feet from the closest d/stance to The ~op of the bluff l/ne and located 100 feet from the average top of bluff shown on the filed subdivision .map. Also existin~ at the premises is an antenna dish sta~cture, barbecue "burner," play a~ea and deck landward of the top of the bluff. Page 2 - Appl. No. Application of GEORGE & SUSAN TSAVARIS Decision Rendered Jun;' 8, 1994 There are steps also located sloping down the bluff to the beach area at the bottom bf the bluff. 4. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or b~ lendwa~l of the shore or beach of shall be.set back no~ less'than one hundred (100~ feet from the top of sUch bluff or bank~ 5. In considering this application, the Board ~nds as follows: (a) the overall dimensions of the hi-ground pool, as proposed, are 30 ft. by t5 ft. (b) the in-g~ound swimming pool is shown to be detached (c) there are cedar trees existing along the easterly side of the property which will continue to be mfllntalned for purposes; (d) there is ne other locatiola To locate this swimmL~g posi on this property without other variances and furthel' consideration. The alternativss are not more feasible under the ~[rcumstances. (e) tkis application is strictly for an in g~ound swimmt~g pool and patio areas at ground level and fence enclosure which are also subject to the approval of the building inspector. 6. It is the position of tkts Board that /n considering this application: (a) the relief requested is bm this application is not substantial in relation to those buildings existing generally in the neighbol*hood and along this Sound bluff;. (b) a swimming pool structure with fence enclosure are permitted accessory uses incidental ~o the ma~u use of the premise~, to wit: residential. (c) it is not-uncommon for parcels along the Sound bluff to require vat'/anees for accessory structures within 100 feet of the bluff due to the limited available building area after m~ettaK aXl other setback requirements of the zoning code; (d) there are slm~lnr structures in the immediate neighborhood to the west; Page 3 - Appl. No. Applicaticm of GEORGE & SUSAN TSAVARIS Decisio~l Rendered Ju~e '8, 1994 (e) the difficult/as are uniquely rclated to the character, layout and size of the property, and the difficulties claimed are not personal to the landowner; (f) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, nor will it prevent nelghbo~iilg prc~perties from enjoyqnent .of thei~ p~opertios; (g) i~ view of all the above, the itlterests of Justice will be served by g~anting relief, as cond/tionaily noted below, According]y, on motion by Member Wilton, seconded by Member Dinizio, it was RESOLVED, to GRANT a variance fop an accessory erring pool structure placed in a horizontal posit/on, with fence enclosure SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the cedar trees as exist be properly m~;ntained in good condition (prior ZBA Appeal No. 4080); 2. That there be no physical disturbance to or near the bluff area (north of the proposed swimming pool location); 3. That' the appellanta must apply for and receive a bui]~ng permit (and other agency approvals which may be deemed necessary) 4. That thero be no adverse (or overhead) lighting tha~ may affect other properties. backwash cistern or dry wells (landward of the pool area). 8. That the swimming pool remain detached without a physicsi connection to the house. Vote of the Board: Ayes:. Messrs. Goehrin~er, Doyen, Dtrdz/o Villa and Wilton. This resolution was duly adopted. Office Location: Town Annex/First Hoor, 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.nor thfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 June 22,2009 Dr. and Mrs. George Tsavaris 2170 The Strand East Marion, NY 11939 Re: ZBA File No. 6289 - Application for Setback Vadance Dear Dr. and Mrs. Tsavaris: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the Board's June 16, 2009 Meeting, the odginal of which has been transmitted for filing with the Town Clerk. Please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process. Before commencing construction activities, other agency approval(s) would be necessary. Thank you. Very truly yours, Encl. Copy of Decision also to: Building Department (front desk) Linda Kowalski 5CA LE-.~0', I~ E~, ~40N UId ENT \\ \ \ SEE ATTAGHMEHT D£TA~L SEE ATTACHMENT DETAIL 'B' SECTION 'A USE STAINLESS STEEL or TRIPLE DIPPED ~ GALVANIZED FASTENERS INTO AGQ LUMBER - 1'-4" - 1'-4' ROOF PANELS: 4 1/4", 0.032, 2~, ROOF LOAD: 25 P.S.F. o~ 130 MPH WIND SPEEDS DETAIL 'B' UNDER EXISTING ali I~1 INSTALLERS LAYOUT SKETCH VERIFY ALL FILL MEASUREMENTS BEFORE CUTTING CUSTOMER: T & K HOME IMPROVEMENT JOB NAME: TSAUARtS, GEORGE & SUE 5 5/8" WALLS NOT TO SCALE 08WSO4g 11/25/08 TK-HOME FASTEN ROOF PANEL TO ALUMINUM CHANNEL WiTH #8 1/2" SCREWS AT 12" ON CENTER TOP AND BOTTOM METAL PREFLASH AND ~ ~ CAULK TOP &: BOTTOM~~ MOUNT W/ #8 X 1/2" SCREWS ~ HANGING RAIL MOUNTED' t EXISTING WALL WITH 1/4" X ,3-1/2" SCREWS INTO EACH WALL STUD STAGGERED TOP & BOTTOM DETAIL 'B' USE STAINLESS STEEL or TRIPLE DIPPED GALVANIZED FASTENERS INTO ACe LUMBER NOTICE OF SUFFOLK (~> Property T~x Service