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HomeMy WebLinkAbout1000-51.-1-14OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, 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: Gerard P. Goehringer, Chair Town of Southold Zoning Board of Ap t~ls From: Mark Terry, LWRP Coordinator XP Scott A. Hilary, LWRP Coordinator Date: January 6, 2009 Re: ZBA File ref. #6237 (YATRAKIS) SCTM#51-1-14 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with thc LWRP. Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion HaTard Areas. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. The distance from the bluffto the proposed actions (trellis~ swimming pool, and residence) are +/- 12 feet~ +/- 32 feet~ and +/- 62 respectivle¥~ a minimum setback distance of 100 feet from the top of the bluffis required pursuant to § 280-116 (below). Please require that the applicant amend the actions to meet and/or further the above policies to the greatest extent practicable. § 280-116 Building setback requirements' adjacent to water bodies and wetlands Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings located on lots adjacent to water bodies and wetlands': A. Lots adjacent to Long Island Sound, Fishers Island Sound and Block Island Sound. (1) 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 them l OO feet from the top of such bluff or bank. In the event that the actions are approved, the following Best Management Practices (BMP's) are recommended to further Policy 4: Minimize loss of life, structures, and natural resources from flooding and erosion and Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. Best Management Practices Recommended: 1) Locate the proposed non-water dependent uses (residence and swimming pool) as far away from the coastal erosion hazard area as practical (see CEHA Figure #1 below). 2) Require the applicant to maximize a 50' perpetual, non-disturbance buffer from the top of bluff maintaining the existing vegetation. Figure #i CEHA 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: Kieran Coreoran, Assistant Town Attorney Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 17, 2008 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6237 (YATRAKIS) Dear Mark: We have received an application for construction of a new single family dwelling, accessory in ground swimming pool, garage and trellis, as detailed on the enclosed map. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. May we ask for your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D. Thank you. Very truly yours, Gerard P. Goehringer Chairman Encls. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: July 7, 2008 RENEWED & AMENDED: October 8, 2008 TO: Patricia Moore (Yatrakis) 51020 Main Road Southold, NY 11971 Please take notice that your application dated July 2, 2008 For permit for construction of a new single family dwelling, accessory in-ground swimming pool, accessory trellis and accessory garage at Location of property: 18805 Soundview Avenue, Southold, NY County Tax Map No. 1000 - Section 5~l Block_l Lot 1~4 Is returned herewith and disapproved on the following grounds: The proposed construction, on this nonconforming 29,118 square foot lot in the R-40 District is not permitted pursuant to Article XXII Section 280-116 A (1), which states; "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluffor bank landward of the shore or beach shall be set back not fewer than 100 feet fi.om the top of such bluffor bank." The proposed trellis is noted as being +/- 12 feet, the proposed swimming pool is noted as being +/- 37, feet, and the dwelling is noted as being +/- 62 feet ficom the top of the bluff, respectively. In addition, the proposed accessory in-ground swimming pool is not permitted pursuant to Article III, Section 280-15, which states that accessory buildings and structures shall be located in the required rear yard. The proposed in-ground swimming pool is noted as being in the side yard. In addition, the proposed accessory garage is not permitted pursuant to Article III, Section 280-15 (C), which states, "In the case ofa waterfi.ont parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet front yard setback requirements as set forth by this code." Therefore, the proposed construction is not permitted pursuant to Article XXIII Section 200-124, which states that non-conforming lots, measuring between 20,000 and 39,999 square feet in total size, require a minimum single side yard setback of 15 feet. The proposed accessory garage is noted as being +/- 10 feet from the side property line/ This Notice of Disapproval was written based on a survey by John T. Metzl~er~ LS~ dated June 12~ 2008 and amended based on the same survey~ updated September 2oo~ ~., Sig~re~u Note to App~cant: Any change or deviation to the above referenced app~cation, may require fuflher review by the Southold Town Building Department. CC: file, Z.B.A. (Name and title of corporate officer) N SCDHS Ret.# R10-07-0099 ROOF RUNOFF HSE & GARAGE =289E sa. Il. 2892~' O J7 x I = 492 cu./t DRIVEY~A ¥ (PERVIOUS] 1070~ OJT ~ 0.4 - 7~ cq. fL 565 cg. 565/4~ ~ ~ PROVIDE ~ DRYWELLS OR EOUAL (DRYWALL ~1 TO ~ I~'D~P ~0 INCL~E POOL BACKWASH LOT COVERAGE TOTAL AREA ~ 29118 SO.FT. TO TIE LiNE AREA TO EROS[DfI~ZARD LINE- 19243'sq. fl H3E COVERAGE , GARAGE = 7BO~.ff. 6 -- ~00~ ~ AREA TO 8E REVEGETA TED TO BE REVEGETA TED P/ITH APPROVED METHODS AND SPECKS APPROX 2000 SO. FT. NO FILL REQUIRED EXCA VA TION FOR POOL,HOUSE, & DRIVEWAY CERTIFIED TO: GEORGE YA TRAKIS M~RIA YA TRAKIS LA PIYERS TITLE INSURANCE CORPORA TION ' PROPOSED ,,~'~446E DL~O,~L SYS~U ( 5 BEDROOM ) I LE, AQ'~N~ ?00~ 10~ " 13 fi~'EP I~tTH 3' CLE~V ..~ COLLAR 6' 8E7_01~ POOL I-1500 G~L.PRECAST SEPTIC TANK CROSS SECTION SEPTIC SYSTEM TEST HOLE DATA McDONALD GEOSCIENCE 7/20/07 LONG IZLAND sOUND I, JNE'/~TLANDs ~OUNOARY LINI~ ~ ~ ~a~ N86~8'lO"E 99.9~ ApPARENT~ ~ ~ ~ ~ SURVEY OF PROPER AT SOUTHOLD TO OF SOUTHOL SUFFOLK COUNTY, 1000-51-01-14 $CAL~' 1'--30'~ JULY 24, 2007 Au9. I0, 2007 (add#ions) AUG. 28, 2007 (TOPO) AUG..3I, 2007(CERTIFICA FEB. Zl, 2008 (REVSIONS) --~ F~ ~ t~(/~/h for /r~ MARCH [2, ~008 (rev/sionsJ ~yT, 2008 (revidon~) 16, ~008 (revisions) ' ~ 6 JUNE I0, 2008 (revid~ns] JU~ IE, ~008 {rev~) JUL Y ~0, ~00~ (revision~ ~u~ 6, 2008 lOlu~O Aug. 28~ 2008 (~er~] S~T. II, ~008 (R~ISION] \ 115.00' ~o.~w TOP OF BLUFF ESTABLISHED BY OTHERS ELEVAtiONS REFERENCED TO N.G. V.D. I am familiar with the STANDARDS FOR APPROVAL AND CONSTRUCtiON OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES and will obide by the conditions set forth therein and on the permit to construct. The location of wells and cesspools shown hereon are from field observations and or from data obtained from others. ANY ALTERATION OR ADDItiON TO THIS SURVEY IS A WOLAUON OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 720g-SUBDIWSION 2, ALL CERTIFTCATIONS HEREON ARE VAUD FOR IHIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. MON. (VACANT) NO CESSPOOLS FIITHIN 150 ' AREA = 29,118 sa. ft. to lie fine COASTAL EROSION HAZARD LINE FROM COASTAL EROS]ON HAZARD.MAP PHOTO # 55-578-85 (631) ~S-~'50,,~"F~ (631) 765-1 P.O. BOX ~tOg ...... 1230 ~A~LER STREET SOU~OLD, N.X 11~7~ ~'--~ APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Ieee': $_ ce Notes: __ Filed By: Date Assigned/Assignment No. ~.~/~ House No. 18805 Street Soundview Avenue Hamlet Southold SCTMl000Section 51 Block I Lot(s) 14 LotSize 19,243toCZM Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED October 8, 2008 BASED ON MAP July 24~ 2007 last dated Sept 11, 1008 Applicant(s)/Owner(s): George Yatrakis Mailing Address: 155 East 76~ Street, NY, NY 10021 Telephone: 917-331-9357 Fax #: Email: pcmoorel(~optonline.net NOTE: In addition to the above, please complete below if applica6on is signed by applicant's anorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( X ) Owner, or ( ) Other: _ Agents Address: 51020 Main Road~ Southold NY 11971 Telephone 765-4330 Fax #: 765-4643 Email: _pcmoorel~,,optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED _July 24, 2007 last revised Sept 11, 2008__ and DENIED AN APPLICATION DATED October 8~ 2008 FOR: ~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXII Section 280- 116 Subsection~A (1) Setbacks to top of bluff Article III~ Section 280-15 © Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. ~ Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal has, ~. has not been made at any time with respect to this property~ UNDER Appeal No. Year_ (Please be sure to research before completing this question or call our offtce for assistance.) Name of Owner: George Yatrakis ZBA File # ~. "3o-'~f~. REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The proposed house is located on the Long Island Sound. The lot is only 100 feet in width and 280 feet in length, however, the topography of the bluff results in two distinct bluff areas. The steeper slope extends to elevation 38 but the bank continues landward and the top of the bank behind the bluff extends to elevation 52. Due to the unusual slopes the setbacks are being measured conservatively from the most landward point of the slope (la beled Top of Bluff on the survey). A dilapidated structure is located at 28 feet from the top of the bluff. If there is a foundation under the building we would request to convert it to a patio with a trellis. This will minimize disturbance to the land. If there is no foundation the entire structure would be removed. The placement of the house has been designed around the sanitary regulations. There is no public water on Sound View Avenue. The neighboring sanitary systems on the west are on the bluff and we must maximize our well to their sanitary and their well to our proposed sanitary. The sanitary must be no less than 10 feet to the foundation of the house. In addition, a sanitary hole was dug to confirm suitable soils. The sanitary location has been excavated and clean sand installed for the proposed sanitary system. As to the pool, the owner wants to be sure that his intentions to build a pool are shown. The pool is placed in the side yard to maximize thc setbacks to the top of the bluff. The garage setback is appropriate for a narrow lot and conforms to similar accessory structures on the street. As the garage moves away from the side yard it blocks the front yard and blocks the light and air to the front of the house. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The setbacks are those required for lots which exceed 20,000 sq.ft., however, there is less than 20,000 sq.ft. Of buildable land and the garage setbacks could be reduced if the land landward of the CEHline were considered. (3) The amount of relief requested is not substantial because: The proposed house is more conforming then adjacent properties. The parcel to the west has a home at the toe of the slope. The development of the adjacent homes creates practical problems on placement of thc sanitary system which will comply with sanitary regulations. The top of the bluff was relocated at the recommendation of Joe Fischetti because of the topographic features on this property. The house was pushed back to 62 feet from the top of the bluff. The slope is heavily vegetated and careful pruning may be recommended by Soil & Water to limit wind disturbance. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed plan was completed with careful consideration of sanitary regulations and maximizing setbacks to a conservative estimate of the "top of bank". (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No the development of this lot is constrained by Health Department regulations and the size of the property. There is no threat of erosion to the upland and the setbacks have been taken with the most conservative interpretation of the "Top of the Bluff". Are there Covenants and Restrictions concerning this land: E No. Yes (t;lease furnish cot~v). Except standard Trustees permit conditions of non-turf buffer and dry-wells. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of thc community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE A rTACZtED VSE VARIANCE SHEET: (Please be sure to con~yofr attorney.) SiliCate of Appellant or Anthorized Agent (Agent must submit writlen Authorization from Owner) Sworn to before me this day of ,20.__ 08/19/2008 14:33 FAX 031 765 4643 MOORE LAW OFFICES AUTHORIZATION LETTER Southold Town Zoning Board and Town Trustees P.O.Box 1179 Southold Town Hall Main Road, Southold, ~Y 11971 New York State Department of Environmental Conservation Building 40-SUNY Stony Brook, New York 11790-2356 Att: Regulatory Permits 7%ny and all other State, County, or Local agencies. AGENT: name: Patricia C. Moore Esq. address: 51020 Main Road, Southold NY 11971 telephone number: 631-765-4330 OWNER Mr. George Yatrakis 155 East 76th Street New York, NY 10021 PROPERTY: 18805 So~ndview Avenue, Southold SCTM#1000-51-1-14 Dear Sir or Madam; The undersigned owners authorize Patricia C. Moore Esq. as our agent for all submissions to the Sonthold Tow~ Zoning Board, Southold Tow~ Trustees, The New York State Department of Environmental Conservation, Suffolk County Department of Health Services, and any other State, County, or Local agency which may be required for construction of a APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant:_George Yatrakis Date Prepared: October 9, 2008 I. For Demolition of Existing Building Areas Please describe areas being removed: all structure retain foundation remains of existing structure - retain foundation if there is a foundation II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 53.5' x 33' and 18' x 24' Dimensions of new second floor: 53.5' x 33' and 18' x 24' Dimensions of floor above second level: none Height (from finished ground to top of ridge): 30'6" to peak Is basement or lowest floor area being constructed? basement and crawl space under garage If yes, please provide height (above ground) measured from natural existing grade to first floor: 2' III Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: V. Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: House 2,270 + GARAGE 720 + POOL 3,502 Proposed increase of building coverage: ALL NEW Square footage of your lot:__19,243 sq.ft.__ Percentage of coverage of your lot by building area: 18.2% V. Purpose of New Construction Requested: construction of house, garage and pool VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): _adjacent to Long Island Sound Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: George Yatrakis__ Date Prepared: October 9, 2008 I. For Demolition of Existing Building Areas Please describe areas being removed: all structure retain foundation remains of existing structure - retain foundation if there is a foundation II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 53.5' x 33' and 18' x 24' Dimensions of new second floor: 53.5' x 33' and 18' x 24' Dimensions of floor above second level: none Height (from finished ground to top of ridge): 30'6" to peak Is basement or lowest floor area being constructed? basement and crawl space under garage If yes, please provide height (above ground) measured from natural existing grade to first floor: 2' III Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: V. Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: House 2,270 + GARAGE 720 + POOL 3,502 Proposed increase of building coverage: ALL NEW Square footage of your 1ot:__19,243 sq.ft.__ Percentage of coverage of your lot by building area: 18.2% V. Purpose of New Construction Requested: construction of house, garage and ~ool VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): _adjacent to Long Island Sound Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local 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). lfany question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-51-1-14 PROPOSED NEW HOUSE, SANITARY, POOL AND DETACHED GARAGE AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Zoning Board of Appeals []_ 1 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) [] (c) Permit, approval, license, certification: [] Type: __ Town of Southold LWRP Consistency Assessment Form Nature and extent of action: Construction of new house, garage and oool with sanitary and drainage. Existing remains of house to be demolished and if a foundation exists under the existing structure then leave the foundation and add a trellis over existing remains of foundation Location of action: 18805 Soundview Avenue, Southold Site acreage: 29,118 with buildable area 19242 Present land use: existing remains of a delapidated residence Present zoning classification: R-40 nonconforming If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:George Yatrakis (b) Mailing address: 155 East 76th Street, lC New York, NY Oyster Bay Cove, NY 11791 (c) Telephone number: ( 516 ) 624-0678 (d) Application number, if any: __ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency: __ Town of Southold LWRP Consistency Assessment Form 2 DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III- Policies; Page 2for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): A small house was constructed at the top of the bank, it has deteriorated and will be removed. A new house, garage and pool are proposed set back from the top of the bank. The size of the parcel and Health Department regulations prevent compliance with greater setbacks from the top of the bank. The adjacent properties were developed similarly. The parcel to the west has a house on the bank and also a second beach house located at the toe of the slope. Sound View Avenue is heavily developed with nonconforming homes. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold See LWRP Section III- Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): Disturbed property with no historical archeological resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See L WRP Section III- Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): The proposed house will be conforming to the residential development of the area and will not result in visual impact NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from fiooding and erosion. See LWRP Section III - Policies Pages 8 through 16for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): the proposed house is set back with the most conservative interpretation of the top of the bank. The property contains two slopes- the steep slope to elevation 36 and then a secondary slope to elevation 52, the adjacent properties were developed on the slope. The proposed house and pool is placed at a conservative setback and with consideration to site conditions. Town of Southold LWRP Consistency Assessment Form 3 Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section lII- Policies Pages 16 through 21for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): a new sanitary is proposed greater than 100 feet from the top of the bank and maximizing separation from adjoining wells Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See L WRP Section III - Policies; Pages 22 through 32for evaluation criteria. Yes Fl No [] Not Applicable [] Discussion (if appropriate): the residence will require the property to up~rade and improve existing conditions. Policy 7. Protect and improve air quality in the Town of Southold. See L WRP Section III - Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N[A Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): The new sanitary will be consistent with Coastal Policies PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southol& See L WRP Section III- Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): The waterfront homes provide a significant economic base to Southold community. The development of this private property will not interfere with public access along the Long Island Sound. WORKING COAST POLICIES Town of Southold LWR~P Consistency Assessment Form 4 Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): The proposed residence will be constructed on a preexistine lots which predates Town's regulations. Waterfront residential parcels are considered water enhanced uses which are a significant exonomic base in the community. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III- Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A Policy 1Z Protect agricultural lands in the Town of Southold. See L WRP Section III- Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III- Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 TRANSACTIONAL DISCLOSURE FORM APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. George Yatrakis and Patricia C. Moore Esq. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance X Trustees *If"Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of(or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP- NONE Patricia C. Moore Esq.: OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION George Yatrakis 1000-51-1-14 A. Is the subject premises listed on the real estate market for sale? U} Yes E No B. Are there any proposals to change or alter land contours? E No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? YeS 2) Are these areas shown on the map submitted with this application? yes 3) Is the property bulkheaded between the wetlands area and the upland building area? yes 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? yes Please confirm status of your inquiry or application with the Trustees: Trustees permit pending variance and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Bluff E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: _. G. Do you or any co-owner also own other land close to this parcel? no _ If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel vacant __ and proposed use Residence and pool ~-ex~ting: single-family; proposed: same with garage or pool, or other description.) orized nature and Date 2/05; TOWN OF SOUl'HOLD PROPERTY RECORD CARD OWNER F, qRMER owhlER , RES. LAND SEAS.~'¢~u'~'/~\~Jl4' VL. , IMP. [ STREET TOTAL FARM DATE AGE VILLAGE COMM. I IND. DISTRIC~ SUB. '~'~ ? .~.~ J/q(PE OF BUILDING LOT REMARKS BUILDING CONDITIOI' NEW NORMAL Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot I ; - SOU LONG sc~o. s