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HomeMy WebLinkAbout6396T~6~h~ Rd. Eu~ of P~Lv~%~ RS, ~ W~gner, M~rg~ret ~'~ V~ri~nce to mrke ~ddition (deck) filed~.17.85 ! / BOARD MEMBERS Leslie Kanes Weisman, Chainperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1197l http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 R£CEIVED q::EB 1 8 2011 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 16, 2011 ZBA FILE: 6396 NAME OF APPLICANT: John and Daniella Venetis PROPERTY LOCATION: 2600 Takaposha Rd. (adj. to Corey Harbor), Southold, NY SCTM#1000-87-06-04 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 14, 2009, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated September 16, 2009, 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 LWRP Coordinator recommends the establishment of a 10 foot wide perpetual landscaped buffer landward from the bulkhead. PROPERTY FACTS/DESCRIPTION: Subject property is an improved non-conforming 8,995 sq. ft. lot in the R- 40 District. It has 100 feet of frontage on a private rd., known as Takaposha Rd., 91.33 feet on the west property line, 100.04 feet along Corey Harbor and 88.56 feet along the east property line as shown on a survey dated December 15, 2008 prepared by Stanley J. lsaksen, Jr., LLS. BASIS OF APPLICATION: Requests for Variances under Sections 280-116-B and 280-124, based on the Building Inspector's April 20, 2010 Notice of Disapproval concerning an application for reconstruction and second floor addition, which new construction will be: 1) less than the code-required minimum of 75 feet from the bulkhead, 2) less than 35 feet from the front lot line, 3) less than 35 feet from the rear lot line, 4) less than 25 feet for both (combined) minimum side yard setbacks, 5) exceeds the code limitation of 20% maximum lot coverage (building area); Page 2 - February 16, 2011 ZBA File#6396 - Venetis CTM: 1000-87-6-4 RELIEF REQUESTED: The applicant proposes to construct first floor alterations and additions and to construct a proposed second story addition over part of the preexisting nonconforming dwelling's first floor footprint. This proposed work will require: 1) a variance for a 22 foot setback from a bulkhead when 75 feet is required, 2) a variance for a 24.5 foot setback from the rear yard lot line when 35 feet is required, 3) a variance for a 28.6 foot setback from the front yard lot line when 35 feet is required, 4) a variance for a 24.3 feet (combined) total side yard when 25 feet (combined) is required and 5) a variance for 24.5% lot coverage when the code permits a maximum lot coverage of 20%. ADDITIONAL INFORMATION: The applicant was before the Board in a previous appeal (#3360) where a setback variance was granted for the existing seaward deck and again for an appeal (#6313) requesting variances for proposed alterations and additions to the existing non-conforming dwelling requiring greater variances to the code than those proposed herein, that were denied. Currently, there exists a narrow landscape buffer along the bulkhead. This application was referred for comments to the Southold Town Land Preservation Committee. On September 20, 2010 they issued the following recommendations: 1) a septic system design proven to be substantially more effective under similar circumstances than the current design, and that any elevated system not cause any additional runoff directed towards the preserve or Corey Creek and that it be visually screened from the preserve, 2) side yard boundaries be delineated with split rail fencing or hedging to prevent encroachments into the preserved property and any existing encroachments be remedied prior to issuance of said variances, 3) any damage to the private road (Takaposha Rd.) caused by any construction be repaired at applicant's expense, 4) with regard to this variance application setting precedent for future variances near protected preserves, we recommend that should this variance be granted, the conditions be such that this variance does not facilitate additional variances that damage the preserve and the public's enjoyment of the preserve. On December 14, 2010 at the Special Meeting of the Zoning Board of Appeals, the Board voted to re-open the hearing on this application on February 3, 2011, for the limited purpose of accepting into the record a letter from the Southold Town Attorney dated October 4, 2010, addressed to the homeowners along Takaposha Road, that clarified the Town's position that it is not obligated to maintain said road to 280-A standards. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 26, 2010 and October 21, 2010, and February 3,2011 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 and makes the following findings: 1. Town Law ~267-b{3}{b){1). Granting of the requested variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This parcel is separated on three sides from the five neighboring improved parcels by preserved lands, which will buffer any detriment to nearby properties that the proposed additions and alteration may pose. The proposed second story addition will be built on the foot print of the existing first floor, the proposed first floor exterior alterations are minimal, and the proposed new open trellis over the existing seaward rear deck will not be seen from the private road. 2. Town Law §267-b{3}(b){2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The preexisting nonconforming dwelling has preexisting nonconforming setbacks and lot coverage, which consequently require the applicant to request variances for the proposed alterations and additions. The proposed second floor addition is the only feasible alternative, requiring the minimum variance, for the applicants to pursue to provide additional living space for their growing family. 3. Town Law .~267-b{3'I{b){3). The variance granted herein for a 22 foot setback from a bulkhead is mathematically substantial requiring a 71% variance from the code required 75 feet, however it is not substantial when considering the setback is preexisting and the proposed additions and alterations will not increase the nonconforming bulkhead setback. The variance granted herein for a proposed 28.6 foot front yard setback is mathematically substantial requiring an 18% variance from the code required 35 feet, however it is not substantial when considering that the preexisting nonconforming front yard setback of 23.5 feet, was granted a variance in Page 3 - Februmy 16, 2011 ZBA File#6396 - Venetis CTM: 1000-87-6-4 Appeal #3360, and will be decreased and brought into more conformance with the code. Furthermore, the proposed front yard setback is greater than the average front yard setbacks of the other dwellings in the neighborhood. The variance granted heroin for a 24.5 foot setback from a rear yard lot line to a proposed trellis over existing deck is mathematically substantial requiring a 30% variance from the code, however it is not substantial when considering that the existing deck, where the trellis is proposed, received a variance for a 24.5 foot setback in a previous Appeal #3360. The variance granted herein for a 24.3 foot total side yard is not mathematically substantial requiring a 3% variance from the code required 25 feet. The 24.3 foot total side yard is existing and its nonconformance will not be increased, furthermore the second story addition is proposed with conforming side yards and total side yard setbacks. The variance granted herein for the proposed lot coverage of 24.5% is mathematically substantial requiring a 22.5% variance from the code permitted maximum 20% lot coverage. However, it is not substantial when considering the proposed alterations and additions will reduce the current preexisting nonconforming lot coverage from 27% to 24.5% and bring the lot coverage into more conformance with the code. 4. Town Law §267-b(3){b)(4} No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The proposed project will result in an upgraded and improved sanitary system to what presently exists and drainage systems to meet Town Code. 5. Town Law §267-b(3){b)(5). The difficulty has been self-created. The applicant purchased this nonconforming property with nonconforming setbacks and was aware that any type of additions would require variances. However, the proposed construction will be an improvement of the existing dwelling in regards to drainage and energy updates to present day standards. 6. Town Law 1~267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additional living space, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT., the variances as applied for, and shown on the Architectural Plans, entitled Preliminary-Alterations and ~'~ Floor Addition, Venetis Residence, sheets SK-I and SK-2 prepared 1/10/2010 by Angel B. Chorno, R.A. Conditions: 1. Install leaders, gutters and drywells as per Town Code. 2. Install and continuously maintain a 4 foot wide landscaped buffer of native, drought tolerant plants, landward from the bulkhead. 3. The trellis shall remain open and unroofed. 4. Side yard boundaries adjacent to the preserved property shall be delineated with split rail fencing or hedging to prevent encroachments into the preserved property and any existing encroachments must be remedied prior to issuance of a certificate of occupancy 5. Any damage to the private road know as Takaposha Rd caused by any construction equipment associated with the applicant's additions and alterations granted herein must be repaired at applicant's expense. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action Page 4 - February 16, 2011 ZBA File#6396 - Venetis CTM: 1000-8%6-4 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. Vote of the Board; Ayes: Members Weisman (Chairperson), Dinizio, Goehringer. (Absent was: Member Schneider) (Member Homing by telephone,, no voting right) This Resolution was duly adopted (3-0). Leslie Kanes weisman, Chairperson Approved forfiling ~ / /7/2011 ¥ I. ~R~'4LO CATION- ~ ' 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) \Southold, NY 11971 MAIL1NGADDRESS: P.O. Box 1179 Southold, NYl1971 Telephone:631 765-1938 Fax: 631 765-3136 To: Gerard Goehringer, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM Date: September 16, 2009 Re: ZBA File Reference No. 6313 (VENETIS) SCTM#1000-87-6-4 JOHN & DANIELLA VENETIS requests a variance to demolish and reconstruct the first floor, if required; construct new second-floor over existing first floor; raise foundation for FEMA; new front steps and front overhang; reconstruct wood deck and add a covered deck (roof); and upgrade the sanitary system, if required. Located: 2600 Takaposha Rd., Southold. SCTM#87- 6-4 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 me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the following recommendations to further the below listed policies are implemented. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. E. Maintain buffers to ensure that adverse effects of adjacent development are avoided: or nearby Maintain buffers to achieve a high filtration efficiency of surface runoff. Avoid permanent or unnecessary disturbance within buffer areas. Maintain existing indigenous vegetation within buffer areas. If the action is approved it is recommended that the Board require the establishment of a perpetual landscaped buffer (A minimum 10' in width due to rear yard dimensions) landWard from the bulkhead (bulkhead line). A sample definition follows: LANDSCAPED BUFFER - a land area of a certain lenqth and width which is planted with indigenous, drought tolerant, .veqetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve ninety-five (95) percent ground cover within two years of installation. Survival of planted vegetation shall be (ninety) 90 percent for a pedod of three years. Maintenance activities within the buffer are limited to removinq vegetation which are hazardous to life and property, trimming tree limbs up to a height of f'~teen feet (15') to maintain viewsheds, replanting of vegetation and establishing a four foot (4') wide access path constructed of pervious material for access to the water-body. 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: Lori Hulse, Assistant Town Attorney DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE 'JUL 2 ? BOARD OF APPEALs THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING Town of Southold ZBA PO Box 1179 Southold, NY t 1971 Att: Gerard Goehringer, Chairman July 14, 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 impactl ~ decision of local determination should not be construed as either an approval or disapprOval. Applicants Municipal File Numbers Terranova, Peter S. & Barbara H. Venetis, John & Daniella Tenedios, Steve & Olga Corso, Louis & Luba #6312 #6313 #63}5 #6116 Very truly yours, TRK:ds Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS ' H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (63t) 853-5191 10~3 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-5711 Facsimile (63 l ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD RECEIVED o TO: Zoning Board of Appeals BOARD OF APPEALS FROM: Land Preservation Committee DATE: September 20, 2010 RE: SCTM #1000-87.-6-4 Venetis Application for Variance - Response to ZBA Request for Comments At meetings held on August 24 and September 14, 2010, the Land Preservation Committee discussed its concerns about the effects of a potential variance from Town Code on contiguous preserve land and underwater land {SCTM #1000-87.-6-12.1 and SCTM #1000-87.-4-10) and offer the following recommendations for your consideration in reviewing this variance application. With regard to the septic system, we recommend a septic system design proven to be substantially more effective under similar circumstances than the current design. In addition, we recommend that any elevated septic system approved not cause any additional run-off to be directed toward the preserve or Corey Creek and that it be visually screened from the preserve. With regard to side yard boundaries of the parcel, we recommend that the property be delineated with fencing {not more than split rail fencing) or hedging to prevent encroachments into the preserve property. If the ZBA should grant the variance(s), then any existing encroachment(s) should be remedied prior to issuance of said variance(s). · With regard to Takaposa Road, we recommend that any damage to the road caused by any construction be required to be repaired at applicant's expense. With regard to this variance application setting precedent for future variances near protected preserves, we recommend that should this variance be granted, the conditions be such that this variance does not facilitate additional variances that damage the preserve and the public's enjoyment of the preserve. The Committee requests that any action of the Zoning Board of Appeals be designed to address the above. FORM NO. 3 TO: NOTICE OF DISAPPROVAL Patricia Moore, Atty. For: John & Daniella Venetis 51020 Main Road Southold, NY 11971 DATE: April 20, 2010 ~ 3(~('¢ RECEIVED BOARD OF APPEALS Please take notice that your application dated April 20, 2010: For permit for reconstruction and 2nd floor addition to a dwelling at: Location of property: 2600 Takaposha Road Southold, NY County Tax Map No. 1000 - Section 87 Block _6 Lot _4 Is returned herewith and disapproved on the following grounds: The proposed reconstruction and 2nd floor addition on this non-conforming 8,995 sq. ft. lot in the AC District, is not allowed pursuant to Article XXII, section 280-116 (B), which states "All building or structures located on tots upon which a bulkhead ...exists... shall be set back not less than 75 feet from the bulkhead." The survey shows a setback of 22+/- feet from the bulkhead. In addition, pursuant to Article XXIII, Section 280-124, non-confurming lots, less than 20,000 square feet shall maintain lot coverage of 20%. The site plan indicates a reduced coverage from 27% to 24.5%. Also, the required front yard setback is 35 feet. The survey indicates a front yard setback of 28.6 feet. Also, both side yards are required to total 25' feet, however the survey indicates a combined side yard of 24.3'. And finally, the required rear yard setback is 35' feet, however the survey indicates a rear yard setback of 24.5'. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. RECEIVED COREY HARBOR ~OARD OF APPEA/.~ N 88'48'55"E 100.04' 4.1 '\ DECK JNGS ROOF OVER BARBEOU/AREA ONE STORY WOOD ~-~ ! FRAME RESIDENCE ii !EL FIRST FLOOR -- 8,g4 400' +/- TO JACO0'S L4NE DRIVE~/AY S 87'13'50"W 100.00' PRIVATE ROAD (50' N/F DAYTON SURVEY OF DESCRIBED PROPERLY SfTUATE SOUTHOLD, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYED FOR: JOHN VENEUS DANIELLA VENETIS TM# 1000-087-06-004 3UARANTEED TO: JOHN VENETIS DANIELLA VENETIS  / SURVEYED: 15 DECEMBER 2008 SCALE 1"= 30' AREA = 8,995 S.F. , .-- --~Cj-.~,,..-,-~ ~ ~ O.20c6RACRES ~EYED BY TANLEY d. ISAKSEN, JR. P.O. BOX 294 NEW SUgFOLK. N.Y. 11956 651 -73&-5835 LICENSED ~N: S~EYOR ,' NYS Lic, No. 4g~ 08R~708 / / , / ~OARDOFAPPEALS IFIN AL" ""~ [DAI'ED._...~I /~1 // I · IPRELl I D^'rE:~,~o~o~o I / M NARY ~:,-il i ~-~,)1~ ! ~ IALTERATiON$ AND 2ND FLOOR ADDiTiON I l~,,,"~°:::[ /' VENETIS RESIDENCE' ~- ~ I I ~~:.~ / OHORNO ASSOCIATES I .I ~~-m SOUTHOLD: NEW YORK ' ~-~CEZVE[~ RECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS BOARD OF APPEALS House No. 2600 Street Takaposha Road Hamlet Southold SCTM 1000 Section 8____~7 Block 6~Lot(s) 4 Lot Size_8~995 sq.ft. Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ~rt~ 9..0 ,2010 BASED ON MAP December 15, 2008 (existing conditions survey) and Architect's'plans dated 1-10-2010 Applicant(s)/Owner(s): John and Daniella Venetis Mailing Address: 154-32 17th Road~ Whitestone NY 11357 Telephone: 1-917-939-7035 Fax #: Emaih pcmoorel ~optonline.net 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 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 Emaih_pcmoorel~optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s),or EAuthorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED-%t~yDATED December 15, 2008 (survey) and Architect's plans dated 1-10-2010 and DENIED AN APPL~ICATION DATED January 12, 2010 FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Note: ZBA decision dated 6/24/85 granted variance for wrap around deck to existing house which reduced side yard, front yard and rear yard (and from bulkhead) as shown on survey. 1. Article XXII Section 280- 116 Subsection__B (Setback from Bulkhead) existing setback to be retained 24.5' of deck and existing steps (22') 2. Article XXIII Section 280-124 (lot coverage) - existing 27% proposed reduction of lot coverage to 24.5% by removing part of the deck: 3. Article XXIII Section 280-124 proposed front yard setback- 28.6 increase setback from existing 23.5 granted in 1985 variance and bay window removed [steps not counted by building dept because need access to house] 4. Both side yards shall have a total of 25 feet, proposed 24.3 (part of deck in front removed but ~ECE~VED retain existing towards back which provides access to the existing sliding door. 5. Rear Yard 35 rear yard required 24.5 existing (retained 22+/- due to access steps) BOARD OF APPEALS 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 E 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 office for assistance.) Appeal #3360 7-18-85for deck, Appeal #1223 1969 Wagner 12/10/2009 Appeal #6313 Venetis Name of Owner: Venetis ZBA File # REASONS FOR APPEAL (additional sheets ma~ 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 applicant wishes to construct a second floor to the existing house. The first floor was renovated previously and complies with FEMA regulations. The first floor remains and a new second floor is proposed over part of the existing dwelling. A minimal second floor addition is proposed. The proposed height of the second floor is only 26' with dormers adding the required ceiling heights. The one car garage remains with no change. The existing deck which received a variance in 1985 and deck addition constructed in 1998 will be reconstructed in kind and in place, but reduced in size along the front and side of the house. The owner wishes to add open trellis over the existing deck in order to install a fan to make the deck usable in the summer (the bugs make the space unusable in the summer). No structural changes to the deck are required for an open trellis. Thc air circulation from the fan will enable the family to use the rear deck. The existing house conforms to the few homes in this neighborhood. The surrounding land is preserved and this house is one of five homes in the neighborhood. The other homes have been improved and required similar variances. 1000-87-6-2: Appeal #3369 dated July 23, 1985 appeal Jean Harford (side yard setback granted) 1000-87-6-7: Appeal #5827 dated March 9, 2006 Jonathan Zang (demolish old building and construct 2 story dwelling requiring variance from setback to bulkhead & detached garage in side yard & front yard variance setback 1000-87-6-10: Appeal #3602 dated October 7, 1987 Margaret McNamara (setback from bulkhead ) The setbacks are maintained. All the setbacks are preexisting nonconforming. The property contains ~ECEIVED ?~OA~,D OF APPEALS bulkhead which is in good condition. The setbacks from the bulkhead were approved in appeal #3360 - ,/7 dated in 1985. (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 house has pre-existing nonconforming setbacks, received variance in the past. A variance is required to construct the minimal second floor. There are only a few homes on this private road and while another home to the west is similarly developed with nonconforming setbacks, the acquisition of the surrounding property by the Town of Southold provides that no neighbors will be adversely impacted by this proposed second floor expansion. The first floor will remain, remodeled, the existing garage is maintained. The existing deck was extended by the prior owners in 1997, Spyridon and Letta Kouzious. The building Department required the owner to obtain a Trustees and DEC permit but since the deck was approved as a setback variance in 1985 the building department did not require the owner to obtain a new variance to extend the existing deck and an outdoor grill and cover was added onto the deck. Mr. and Mrs. Venetis purchased the house with all required certificates of occupancies. (3) The amount of relief requested is not substantial because: The proposed construction is over the existing structure, is only 26' feet in height and is will below the 35' maximum height requirements. The Board granted the variances in 1985 and the Board recognized that the setbacks were established prior to zoning. The applicant is willing to cut back previously approved structures in order to add a second floor over the existing first floor. The applicant has four young boys who are growing and the family needs the space. There is no impact to the neighborhood because the neighborhood is limited to the existing homes prior to the open space purchase. The surrounding land will never be developed and this house will not adversely impact the neighbors. The proposed construction will require the house to be improved with proper drainage, hurricane standards and possible updated sanitary system. These improvements are a benefit to the Town of Southold, the neighbors and the environment. These improvement make the proposed improvements "more consistent" with LWRP. The existing lot coverage is reduced. The setbacks of the house to the bulkhead are maintained and the deck remains the same. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The existing house is in very good condition and will be preserved, a second floor will be added over the existing house. The property is on the harbor at Corey Creek. The bulkhead provides protection to the property and the existing non-turf buffer along the top of the bulkhead prevents water runoff. Due to the large open space acquisition, which these owners supported, the few homes on this street will not adversely impact the physical or environmental conditions. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No The existing house predates regulations. This plan proposes the least disturbance to the waterfront and to the property. The existing setbacks of the house and deck are maintained and improved. The lot coverage is reduced by the reduction of the deck. The proposed construction is up (vertical) not out (horizontal). The existing house (a bay window) is cut back and deck in the side and front is cut back. This house predates the current zoning setbacks and the setbacks are being maintained Are there Covenants and Restrictions concerning this land: E No. Yes (please furnish coov). Except standard Trustees permit conditions of non-turf buffer and dry-wells. ~.CEIVED BOARD OF APPEALS This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) CO HISTORY: The existing structures (house & original deck) have building permits and certificates of occupancy. The deck addition approved by the building department in 1998 (with Trustees and DEC) has a building permit but no CO found- apparent oversight by prior owner. We have proposed to cut back the deck therefore, if approved, the building permit will be renewe0,.as~n~osed, with CO to follow. t~/[~re of Appellant or Authorized Agent Sworn to before me this day of April, 2010 MARGARET C. RUTKOWS~ Notary Public, State of New York No. 4982528 Qualified in Suffolk Count~ Commission Expires June 3, ~C~// APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant.'-~-C~t~ *-~,'b~E~a_a k,/e3,o~T~,,~ Date Prepared: q -2.~- ! O I. For Demolition of Existing Building Areas Please describe areas being removed: /-~l~-vr~ de-c~ o/rea, t0~c[ r~mo~cl o~d c~d~ett BOARD OF APPF..Af.~ ~ II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: ~ n~- Dimensions ofnew second floor: ~' t~" x 5-S' (5~ZCooc~c~ot~r r"lof~,~f~ ~ 2/,., Dimensions of floor above second level: ri orl~ Height (from finished ground to top of ridge): Z to ' Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: ye~ - ~ i ~lo III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: ~-~:~d Square footage of your lot: ~f: ~c~,~" ~ ~. ' Percentage of coverage of your lot by buildifig area: V. Purpose of New Construction.: IO.~r~crat-~-_ lOt'c[ VI. Please describe the land contours (fiat, 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 with yard view. 7/2002; 2/2005; 1/2007 OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION John & Daniella Venetis 1000-87-6-4 Is the subject premises listed on the real estate market for sale? [~ Yes E No Are there any proposals to change or alter land contours? E No E3 Yes, please explain on attached sheet. ~OARD OF APPEAL~ 1) Are there areas that contain sand or wetland grasses? seaward of bulkhead 2) Are these areas shown on the map submitted with this application? yes 3) ls 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? submitted Please confirm status of your inquiry or application with the Trustees: approved subiect to final plans and if issued, please attach copies of permit with conditions and approved map. D. ls there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no 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 the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel existing dwelling with attached eara~e & deck and proposed use same with new second floor over part of house and trellis over existing deck (exampY~s: existing: single-family; proposed: same with garage or pool, or other description.) AuthoriZed Signature and Date 2/05; 1/07 PROJECT I,D. NUMBER 617.20 Appendix C State Environmental Quality ~ OF APPEAI.$ SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I~PROJECT INFORMATION (3'o be completed by Applicant or Project sponsor) SEQR 3. PROJECT LOCATION: 2 ~-~ ~ "~ ~k'~, ~[0~%~. ~['~ 4. PRECISE LOCATION (Streel address and ro~d Intersections, ~romlnent landmarks, etc~ or provide map) 5. IS PROPOSED ACTION: [] New [] Expansion 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF ~ND AFFE~E~ STATE OR LOCAl? ~ Yes I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOW~.EDGE if the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with Ihls assessment OVER APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S 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. ~ c YOUR NAME: Patricia C. Moore, John & Daniella Venetis (Last name, first name, middle initial, unless you are applying in the name gECEIV['[]~ of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception lf"Other", Trustees (approved subject to final survey after ZBA) name the activity: BOARD OF APPEALS Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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 thc shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check thc 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 Su bmitte~"~uu~y 4, 2010 Signaturck: ~'~-~"~._.._--~ Print Nam'e~lS~atrici~. C. Moore Owner :John & Daniel[a Venetis AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ~£CEIVED ~OARD OF Appt:n~ ) WttEN TO USE THIS FORM: The form must be completed by the applicant for any special use 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 districL .411 applications requiring an agricultural data statement must be referred to the Suffolk CounO~ Department of Planning itt accordance with sections 239- m and 239-n of the General Municipal Law. 1) Name °fAppliea · ~a ~ ~"~, ~t~, 2) Address ofApplicant: k~~4 - '65 i"l~ {~ ,,~O~x'c-~,x-t~,..~=- M~ I~,_1 3) Name of Land Owrler (if other than applicant): 4) Address of Land Owner: 5~De~qcrinfionofProoosedProject: ~,,.~c~'~'~cs.t_9~ ~1, ~t' ~lt,~' t[~-4 r~-h'ac, I,~:i 6) Location of P~'operty (road aM tax n~p number): 2. f~ ¢a-C5 '~/O, g;/qgl~ ~AI trio. ~'I~.) ~ ~.~ 7) Is the parcel within an agricultural district? [~No l-lYes If yes, Agricultural District Number 8) Is this parcel actively farmed? l~]No I-lyes 9) Name 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 1. 2. (Please use back side of page if more than six property owners are identified.) The lot n.um~bb~ers~_~ be obtained, in advance, when requested from the Office of the Planning Board at 765- 1938 o~JtalM~ff~oard of Appeals at 765~ 1809 ~ Signature of Applicant -- Date Note: 1. Thc local board will solicit comments fi'om the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments 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 hoard is responsible for sending copies of the completed 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 ~r-cEIvED LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS ~OARD OF APPEAL~ All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shah 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# 1000-87-6-4 OWNER: Jon& Daniella Venetis 2600 Takaposha Road, Southold 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 X~ Zoning Board of Appeals~X 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) __ (b) Financial assistance (e.g. grant, loan, subsidy)__ (c) Permit, approval, license, certification: X Variance / Wetland Permit RECEWEI) ~OAHD OF. APPEALS Nature and extent of action: Owner wishes to construct second floor over existing first floor, trellis over existing rear deck with drywells and nonturf buffer. Location of action: 2600 Takaposha Road, Southold Site acreage: 8,995 sq.ft. To bulkhead Present land use: existing house landward of existing bulkhead Present zoning classification: r-40 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: John & Daniella Venetis (b) Mailing address: 2600 Takaposha Road (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. X Yes No Not Applicable Existing lot and house is preexisting nonconforming. The existing house will be retained and second floor added. The lot is protected by bulkheaded along Corey Harbor. The proposed work is standard second floor retaining first floor and reconstruction of deck with a trellis. Existing lot coverage is being reduced by removing I~art of deck. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section 1II - Policies Pages 3 through 6 for evaluation criteria Yes No X Not Applicable Improved property. Surrounding parcel purchased by Town as open space. Parcel is not identified as area of Archeological Sensitivity_ or on the National Register on Map produced by NYS Dept. Of State, Division of Coastal Resources ~,ECE~VED Policy 3. Enhance visual quality and protect scenic resources throughout the Town See LWRP Section III- Policies Pages 6 through 7 for evaluation criteria X Yes No Not Applicable The existing house will only get a second floor. The wood decking will be reduced in size, in kind in place, and the trellis over the existing reduced deck will reduce lot coverage. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria X Yes No Not Applicable No effect on flooding or erosion- drywells required with same roof area. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria _Yes No X Not Applicable Existing house will have improved drainage. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. X Yes No Not Applicable Setback to Corey Harbor is nonconforming. Soils along waterfront are sandy soils and excessively drained. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable Air quality_ will not be affected by residential use. Standard building codes compliance prohibit degradation of air quality or emissions. Efficient heating and air conditioning systems and filters protect against air quality. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. X Yes No Not Applicable Solid waste is controlled through town-wide recycling, no hazardous substances proposed at site. Use of natural untreated materials {CCA is discouraged by Trustees) The property already contains a non turf buffer along the top of the bulkhead. ~,EcEIVED PUBLIC COAST POLICIES ~OA~l~ OF APPEALS 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 Ill - Policies; Pages 38 through 46 for evaluation criteria. __Yes XNo Not Applicable The parcel is private ownership. The Town of Southold has acquired the surrounding parcel for open space. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No X Not Applicable Residential use of property on establish lot will not adversely impact coastline. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. X Yes No Not Applicable The existing dwelling is to be expanded upward (second floor over part of house). Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area has not developed for agriculture-surrounding land has been made open space Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No X Not Applicable Single family residential home is deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and mineral resources *copy of Town form created on 5/25/05 ANGEL B. CHORNO ARCHITECT 51020 MAIN ROAD SOUTHOLD NY. 11971 (631) 765- 6530 FAX (6311765- 4643 gaF(, ~ECEZVED ~OARD OF APPEAi,.~ January 10~, 2010 Zoning Board of Appeals Town of Southold Re: Alterations and 2"d floor addition to the Venetis Residence # 1000-087-096-04 Dear members of the Board: This letter is to affirm that I have made a visual ~nspection of the existing referenced house, and find it to be perfectly adequate to received the proposed addition of a new second floor, and the alterations to the first floor. The foundation, crawl space ( flood zone area), floor, and existing exterior walls are to remain, with supplemental wood studs for the only purpose of increasing the cavity necessary to install R:19 insulation. Sincerely, Angel B. ~,horno, AIA RECE1~VED ~OARD OF APPEAL~ AUTHORIZATION Southol~ Town Zoning Board southold Town Trustees P.O.Box 1179 Southold Town Hall Main Road, Southold, NY 11971 Appeals and New York State Department of Environmental Conservation BUilding 40-SUNY Stony Brook, New York 11790-2356 Att: Regulatory Permits Any and all other State, County, Or Local agencies. A~ENT: name: Patricia C. Moore Esq. address: 51020 Main Road, Southold NY 11971 telephone humbert 631-765-4330 PROPERTY: 2600 Takaposha Road, Southold SCTM$: 1000-87-6-4 Dear Sir or Madam; The undersigned OWners authorize ~atrioia C. Moore Esq. as our agent ~or all submissions to the $outhol~ Town Trustees, $outhold Town Zoning Board of Appeals, The New York State 'Department of Environmental Cgnservation, Suffolk County Health Department and any other State, County, or Localagency which may be required for renovations and additions to the existing building. RECEIVED ~OARD OF AP,~EALS RECE[¥ED ~Jo<W~ sC~ ~wmt~o~t) 80ARD OFAPPEALS RECEIVED RECE~¥~E~ 8OARD OF APPEALS RECEtVED ~OARD O~'APPEALS TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET c:~ ~2~'C) VILLAGE DISR SUB. ~O~MER'OwNER " ACR. RES'~ ~S. ~:~ Vb FA~ COMM. CB. MISC. Mkt. Value '~ND IM¢. V~ TOTAL DATE' REMARKS FA~ Acre Value Per Value Tilbble 2 Woodlond - Swampland FRONTAGE ON WATER ,f Brushlan8 FRONTAGE ON ROAD House Plot DEPTH ~ ~ ~ BULKH~D Total DOCK DR (~P~¼UD W. CA,N.'I: BELL TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. ~ECEZVED 80ARD OF APPEAI.~ Certificate Of Occupancy Z10650 THIS CERTIFIES that the building ................................................ R.O.W. End of Pvt. Rd. ~12, Southold, New Yol~k Location of Property ....................................... Ho.se ~o. street ................... h3r3iei 087 06 004 County Tax Map No. 1000 Section ............ Block ............... Lot ................. Subdivismn ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore filed in this office dated April 8 81 11109 g ..................... ,19... pursuant to which Building Permit No ...................... April 15 dated ............................ 19... ,was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... Addition to Dwelling Margaret Wagner Thc certificate is issued to ..................... [o'~n'~J~~I;$J ...................... of the aforesaid building. Suffolk County Department of Health Approval .......................................... UNDERWRITERS CERTIFICATE NO .................................................. Building Inspector Rev. 1/81 FORM NO. 4 TOWN OF SOUTEOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. RECEIVE~ p~E ~XISTIN~ ~RTIFICATE OF No Z--25200 Date AUGUST 13, 1997 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 2600 TAKAPOS~A ROAD Eouse No. Street County Tax Map No. 1000 Section 87 Block 6 Lot 4 Subdivision Filed Map No. Lot No. Hamlet conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-25200 dated AUGUST 14~ 1997 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DW~?J.INGWIT~ATTA~U~m GARAGE * The certificate is issued to (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF EEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Rev. 1/81 (type) SOUTIIOLD, N.Y. ACCOHPANIED BY: SUFF.CO. TAX HAP NO. 1000-87-~-~ DATE: JULY 8, 1997 TYPE OF CONSTRUCTION ~OOD FRAH~ ~ STORIES~ ] f EXITS 6 ACCESSORY STRUCTURES: STORAGEs TYPE CONST. · GUEST, TYPE CONST. VIOLATIONS: ClIAPTER 45 N.Y. STATE UNIFORH FIRE PREVERTION & BUll, DING CODE ART. SEC. R~RKS: INSPECTEU BY BP # I ! 109-Z COZ- 10650 (GARAGE ADDITION) BP ~ 16218Z- CO Z-13994 (DECK ADDITION)  TIHE START 10:40 AH END I1:00 AN // ~-~ ¢OR~ SOU~HOLD  SUFFOLK COUNT~, SORYr~O ~Y ~ffioe Location: To~vn Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork,net BOARD OF APPEALS TOWN OF $OUTHOLD Tel. (631) 765.1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 3, 2009 ZB File No. 6313- JOHN and DANIELLA VENET1S, Applicants Property Location: 2600 Private Road #15, a/Ida Takaposha Road. Southold CTM 87-62, 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 11 category of the State's .List of Actions, without further steps under SEQRA. SUFFO,LK COUNTY'DEPARTMENT OF PLANNING: This application was referred as required under the Suffolk County Administrative Code 'Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 14, 2009 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 FACT~3/DESCRtPTION: The subject property is an 8,995 square foot parcel measuring 100.00 feet along Takaposha Road to the south, 91.33 feet along the western boundary. The lot is improved with a pre-existing nonconform ng one-story single-family house, as shown on the survey prepared by Stanley J. Isaksen. Jr. on December 15, 2008. BASIS OF APPLICATION: Requests :for Variances under Sections 280-116-B and 280-124, based on the Building Inspector's August 17, 2009 Notice of Disapproval concerning an application for demolition and a building permit for a new Single~famity dwelling, Which new construction will be: :1) less than the code-required minimum of 75 feet from the Bulkhead, 2) less than 35 Seet from the front tot line, 3) less than 35 feet from the rear lot line, 4) less than 25 feet for both (combined) minimum side yard setbacks, 5) exceeds the code limitation of 20% maximum lot coverage (building area), 6) access to the property is not in accordance with New York Town Law, Section 280-a. LWRP DETERMINATION: A Letter dated September 16, 2009, affirming consistency Southold Code and Local Waterfront Revitalization Program (LWRP) standards was submitted to the Board of Appeals under Chapter 95, Waterfront Consistency Review of the Town recommending maintenance of buffers in order to achieve a high efficiency of surface runoff and to avoid permanent or unnecessary disturbance within buffer areas. /-~ ~-~e No. tJ:Jl:J - John and Daniella Venetis CTM No. 87-6-4 - - ~-~ FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 1, 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: ADDITIONAL INFORMATION: The applicant fi~ed an application on June 2, 2009 for the demolition of the prior non-conforming one-story residence and the construction of a two-story house. The property card indicates that the existing home was used seasonally and was not heated until at least 1998. At some point thereafter the property owner installed heat to the structure without a building permit, changing the use of the home from seasonal to year-round. The applicant initially argued that in order to comply with new FEMA requirements, it was necessary to lift the house and raise the existing first-floor elevation by adding the required height to the existing crawl space foundation. The proposed construction would include removal of the existing foundation and addition of a new front wall to the foundation, a new second floor, and a new roof. The reconstructed house would be built over the existing footprint, except for a 12" first-floor extension and 4.5' roof overhang. The Building Department has determined that the application is for a demolition and construction of a new dwelling. As such, the proposed building no longer maintains its status as a prior nonconformity. It has been reported that a new flood map has been received from FEMA, indicating that the dwelling is no longer in a flood plain, and 'that the applicant will :not be required to raise the level of the house, as previously reported. No revision of the application in the light of this change has been submitted, however. In 1985 the Zoning Board of Appeals granted to a prior owner of the property a side yard variance (west side at 14 feet); front yard variance (23 feet) and a variance from the wooden bulkhead (38 feet) permitting the addition of an open deck addition wrapped around the westerly end of the existing one-story single family dwelling, on the condition that the deck remain open, i.e. not enclosed for living area, and that no obtrusive lighting be installed. Since this application is for a demolition and construction of a new dwelling, these variances are no longer applicable. RELIEF REQ_UESTED.: The applicant proposes to demolish an existing non-conforming one-story house and to construct a new 2-story house with the following setbacks: 22 feet from the bulkhead, 22 feet from the front lot line, 24.5 feet from the rear lot line, and combined Side yard setbacks of 23.5 feet. The applicants also requests a vadance fora lot coverage of 30.5%, and a ruling regarding access to the structure in accordance with Town Law 280-a. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b){3)(1). Grant of the variances will produce an undesirable change in the character of the neighborhood and detriment to nearby properties. The subject property lies between Corey Creek and a 45-acre parcel, known as the Blocker property, which was purchased, /_15 ;-de NO. 15313 - John and Daniella Venetis CTM No. 87-6-4 under Town Board Resolution 2007-934, by the Town of Southold in a 50%/50% padnership with the County of Suffolk. The purchased property is listed on the Town's Community Preservation Plan as preserved for open space. An increase in the mass of the house resulting from adding a second floor would have a significant impact on this area that has been protected from further development. There is only one other house on Takaposha Road on the same side of Corey Creek and that house has only a single stow. There are. three other houses on the road but these are not visible from the' subject property. Only one of these houses has more than one stow, and that house is farthest from the instant house. 2. Town Law §267-b(3)(b){2). The applicant has not shown that the benefit of constructing a two story single family residence can be accomplished by some other method feasible for the applicant to pursue that does not require the variances requested. The applicant cited FEMA regulations in arguing that the benefit could not be obtained by some other method. Yet the applicant concedes that these regulations are no longer an issue and that the applicant is no longer required to raise the house to comply with the regulations. The applicant has nevertheless not modified the proposal in accordance with this concession. 3. Town Law §267-b(3){b)f3). The number and size of the variances are substantial, in light of the fact that the existing structure is being demolished and a new structure is being proposed. Both the number of variances and the degree of variances Cequired are Substantial. The applicant requests five variances: a. A 70% reduction in the required setback from the bulkhead, from 75 feet to 22 feet; b. A 37% reduction in front yard setback from the code -required 35 feet to 22 feet; c. A 6% variance for combined side yards from the code-required 25 feet to 23.5 feet; . d. 30.5 % lot coverage, amounting to more than 50% beyond what the code requires. e. A variance under Section 280-A for access to the property; Increasing the height of the existing non-conforming house as a result of adding a second floor, even if there is no demolition, would double the degree of nonconformity in accordance with ZBA Interpretation # 5039 of {}280-122. The applicant has Cited to a prior variance granted more than twenty yeaCs ago to its predecessor granting similar relief to What is requested in this application. As indicated above, these variances do not apply in the instance of a demolition and construction of a new structure. Further, the prior variances granted are distinguishable from the circumstances at hand in this instance. First, when the initial variances were granted, the house was utilized as a seasonal residence. Second, the variances were granted for an open deck addition to an existing structure. Finally, the variances granted in 1985 sought less substantial relief than is requested here. Specifically, the 1985 variance permitted the deck to be built 38 feet from the bulkhead, whereas the instant application requests the location of the deck at 22 feet from the bulkhead. The variances granted to owners of neighboring properties are distinguishable from those requested for the subject property: cTMZB FileNo.NO.87.6_46313 - John and Daniell2 Venetis ~ECE'I'VEI~ ~r~ ~ ~ BOARD OF APPEALS (a) Zang (1000-087-6) received 2 variances: a 16% variance for a 63-foot setback from the bulkhead, as compared with 70% for a 22 feet setback a 45% variance for a 19-foot front yard setback for the subject property. The Zang property is substantially larger (12, 918 square feet) than the subject parcel (8,955 square feet) and did not require a variance for lot coverage. The Zang variance was granted in 2006 prior to the Town/County's purchase of the adjoining open space preservation area known as the Blocker preserve. (b) McNamara (1000-87-06-10) was granted a single variance for a 25% decrease in the existing setback from the bulkhead. The request in the current application is for a substantially larger variance from the bulkhead and an additional four variances. No variance for lot coverage was required. (c) Harford (1000-87-06-2) was also granted a single setback variance for the addition of a 12-foot attached garage 7 1/2 feet from the side boundary. 4. Town Law §267-b(3).(b)(5). The alleged difficulty was self-created. The.applicant purchased the property with full knowledge of its prior nonconforming status and the constraints imposed by the small size of the lot. Even a cursory review of the regulations would have revealed that the proposed demolition would result in the loss of the non-conforming status of the building and the need to obtain vanances from this Board. · 5. Town Law .~267-b(3)¢b)(4). The proposed variances wou'ld have an adverse effect on the environmental conditions in the vicinity. Granting permission to increase the height of a preexisting structure within the constraints of substantially nonconforming setbacks from the water and road would have a significant impact on the area. Even if there is no demolition, granting multiple variances and allowing the addition of a second floor within the confines of the existing footprint is not consistent with the Town's purposes in acquiring the adjacent neighboring properties in order to protect and preserve open space. 6. Reqardinc~ 280-a access: a letter from Jim McMahon of the Department of Public Works acknowledges that it is the responsibility Of the Town to allow for emergency vehicle access to the home. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to DENY variances as applied for with respect to lot coVerage, combined side yard setback from the bulkhead and front and rear year setbacks, and to GRANT a 280-a access variance, subject to the Pile NO. t:;:513 - John and DaniOIla Venetis CTM No. 87-6-4 ~ECEIV£~ BOARD OF APPEALS CONDITION that the Town fulfill its obligation to provide for emergency access to the home. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconfo.rmities 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 dght to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer, Weisman, Simon, Schneider. Member Homing was absent. This Resolution was duly adopted (4-0,. ~/~J~~¢' ~/'/~--~' ~L' Gerard P. Goehringer .,/ Chairman I ~1I ~,/O~i CO ,~ N 88'48'55"£ 100.04' t2, 2008 APPARENT HIGH WATPR LIN.~ THIS DAT.--Cr~ ~ PROPOS~ D ~~ ~ ~ covE~ wo ~;~,~ ~. ,--,,,-,,,-, ___ ~: PROPOSED FULL SECOND m . STORY ADDITION TO INCLUDEm~ = ~ ~ 1.0 EXTENSION ON DRIVE- ll~  WAY ~IDE OF HOUSE. , p~ ~. ': - ~B~ ~ , --' . 12'3~ ~oo~ ~ "1 5 100,00 [~c~ S 8 - ~.~ ~, ~,.~ - EXISTING ONE STORY W* F~ME RESIDENCE EL FIRST FLOOR R (50' 400' +/-- TO JACOB'S LANE ~OA~D OF APPE~tLS SUMMARY OF AREA'S TO COMPUTE PERCENTAGE OF'BUILDING LOT COVERAGE EXISTING STRUCTURE TO INCLUDE HOUSE, DECK, AND STAIRS .......................................................................................... 2,425 S.V. PROPOSED ITEMS TO BE ADDED: NEW FRONT WALLS ........................................................ 34 S.F. NEW FRONT STEPS AND OVERHANO....`31.5'X4.5' ......142 S.F. NEW FRONT STEPS BEYOND OVERHANG: 28.8'X4.6' = 13,3 S.V. 3.5'X3.5' = 12 S.F. TOTAL ......................................................... 145 S.F. TOTALS FOR ALL NEW ADDITIONS ........................................................... $21 S.F. PROPOSED TOTALS FOR ALL EXISTING AND IMPROVMENTS ................ 2,746 S.F. TOTAL ARE OF LOT .......... 8,995 S.F. PERCENTAGE OF LOT COVERAGE (EXISTING) ......... 2425/8995 X 100 = 27g PERCENTAGE OF LOT COVERAGE (EXISTING PLUS IMPROVEMENTS)... 2746/8995 × 100 SURVEY OF DESCRIBED PROI SITUATE SOUTHOLD, TOWN OF SUFFOLK' COUNTY SURVEYED FOR: JOHN V 1000-087-06-0( GUARANTEED TO: JOHN VENETIS DANIELLA VENETIS / STEPS WITH / RAILINGS BULKHEAD PROPOSED COVERED K EL, ROOF OVER BARBEQUE AREA ~ EL 6 EXISTING BAY WINDOW PROPOSED OVERHANG = 4.5' proposed 1.0' addition proposed 1.0' addition DEPTH PROPOSED STEPS=28.8' lei 6,4 / I j el 6.3 ho (...4 0 © DRIVEWAY $ 87°l '5O"W 100.00' 'ER'Pr' ;OUTHOLD N.Y. PROPOSED OVERHANGGOVER ENTRY STEPS TO BE SET TO 25.7' FROM LANDWARD PROPERTY LINE NOT TO SCALE: SHOWN FOR CLARITY OF ROOF OVER ENTRY NE-TIS :V£N&:TtS dUN 3 ~ SURVEYED: 15 DECEMBER 2008 SCALE 1"= 30' AREA = 8,995 S.F. OR 0.206 ACRES SURVEYED BY STANLEY d. ISAKSEN, JR. P.O. BOX 294 . NEW SUFF. f)LK. N.Y. 1195~ ~£CEIv~E ~04*RD O~'4PPE41,~ JOHN & .ANIELLA VENETIS APPEAL# ~ ~t~{t HEARING DATE: August 26, 2010 MEMO IN SUPPORT OF VARIANCES The following appeals are listed on the notice of disapproval, however, the proposed work is either maintaining the existing setbacks or modifying the existing structure to make the proposed development "more conforming" than the existing structure. 1. Article XXII Section 280- 116 Subsection__B (Setback from Bulkhead) existing setback to be retained 24.5~ of deck and existing steps (22'): THE SECOND FLOOR ADDITION IS AT 35.9 FROM BULKHEAD AND LANDWARD OF THE DECK. THE PROPOSED TRELLIS MAINTAINS THE EXISTING SETBACKS OF EXISTING DECK WITH NO STRUCTURAL CHANGE TO DECK BEING REQUIRED. 2. Article XXIII Section 280-124 (lot coverage) - existing 27% proposed reduction of lot coverage to 24.5% by removing part of the deck: THE SECOND FLOOR 1S OVER THE EXISTING FIRST FLOOR SPACE AND DOES NOT CHANGE THE LOT COVERAGE. THE TRELLIS IS OVER THE EXISTING DECK AND DOES NOT CHANGE THE LOT COVERAGE. THE DECK IS CUT BACK TO REDUCE THE LOT COVERAGE OF THE PREVIOUSLY GRANTED VARIANCE. 3. Article XXIII Section 280-124 proposed front yard setback- 28.6 increase setback from existing 23.5 granted in 1985 variance and bay window removed Isteps not counted by building dept because need access to house] THE SECOND FLOOR ADDITION IS OVER THE EXISTING FIRST FLOOR AND MAINTAINING THE SETBACK OF THE EXISTING HOUSE. THE FRONT YARD SETBACK OF THE EXISTING HOUSE IS 28.6' WHICH CONFORMS TO THE AVERAGE SETBACK OF THE HOMES WITHIN 300' OF THE PROPERTY (23.5) 4. Both side yards shall have a total of 25 feet, proposed 24.3 (part of deck in front removed but retain existing towards back which provides access to the existing sliding door. THE SECOND FLOOR IS AT CONFORMING SIDE YARD SETBACKS (ZONING CODE REQUIRES 10' AND 15', SECOND FLOOR IS AT 12' AND 19') 5. Rear Yard- 35 rear yard required 24.5 existing (retained 22+/- due to access steps) NO CHANGE TO EXISTING SETBACKS- THE TRELLIS IS OVER THE EXISTING DECK, AND THE SECOND FLOOR IS 35.9, OVER THE EXISTING DWELLING (THE EXISTING HOUSE IS CONFORMING) AREA VAR1ANCE 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 property card shows that the house was constructed prior to 1964 (when records established) and a pre-co was issued in 1997 for a one family dwelling with A HEAT PUMP and au attached garage. (a building permit #24847 incorrectly described the house as a seasonal dwelling- to our knowledge the house was always heated with the same system) Mr. and Mrs. Venetis purchased the house in 2002 as it exists today. The house is a year round house (heated & insulated) and the applicant wishes to construct a second floor addition to the existing house and make alterations to the existing first floor. The first floor was renovated previously (prior to client) and complies with FEMA regulations. The renovations were cosmetic and did not require a building permit, but a building permit was obtained for the deck. The first floor remains, the existing bedrooms are relocated to the new second floor over part of the existing dwelling. A minimal second floor addition over the existing living space of the first floor is proposed. The existing attic roof will be converted to bedrooms. The proposed height of the second floor is only 26' with dormers adding the required ceiling heights. The one car garage remains with no change. The existing deck which received a variance in 1985 and deck addition constructed in 1998 will be reconstructed (as required) in kind and in place, but reduced in size along the front and side of the house. The owner wishes to add open trellis over the existing deck in order to install a fan to make the deck usable in the summer (the bugs make the space unusable in the summer). No structural changes to the deck are required for an open trellis. The air circulation from the fan will enable the family to use the rear deck. The existing house conforms to the five homes in this neighborhood. The surrounding land was preserved, according to the public hearing held before the Town Board, to protect the property from residential development. The 45 acres could have at minimum added 5 homes with a conservation subdivision or 45 homes with a standard subdivision. The neighborhood has been improved over the years. The progression of improvements is documented on the Assessors Property Card with pictures. Takaposha Road ends with a circle. The five homes have become an isolated neighborhood. Four of the five homes required similar variances. Two of the five homes will require extensive improvements because they do not appear to comply with FEMA as their foundations are not elevated. The following two homes face Corey Creek, are protected from storms, but the homes are similarly setback from both the road and the edge of wetlands. 1000-87-6-2: Appeal #3369 dated July 23, 1985 appeal Jean Harford (side yard setback granted)- her property does not have bulkhead and no variances were required from the bulkhead. The wetlands are at the same distance as the Venetis bulkhead (see photograph). 1000-87-6-4: Venetis- existing one story dwelling. The house is at 25 from the front property line, 12.3' and 19.3' from the side property line, the deck is 12.3 from the west property line. The existing house is 35.9 from the bulkhead and deck 24.5 from the bulkhead. The Venetis setbacks are maintained. All the setbacks are preexisting nonconforming. The property contains bulkhead which is in good condition. The setbacks from the bulkhead were approved in appeal #3360 -dated in 1985. The following three larger homes face Hog Neck Bay which is subject to more storm action: 1000-87-6-7: Appeal #5827 dated March 9, 2006 Jonathan Zang (received approval to demolish the existing residence and construct a new 2 story dwelling, 35 feet in height, with multiple variances for setback to bulkhead & detached garage in side yard & applied an average front yard setback). I000-87~6-9: A one story year round house which appears to have been renovated but not expanded. This home has not been elevated and any changes would require compliance with FEMA and face similar variances. 1000-87-6-10: Appeal #3602 dated October 7, 1987 Margaret McNamara (setback from bulkhead )The assessors records show a large two story house which has been recently renovated. The location of the bulkhead has provided a larger rear yard. The house has a large deck and a full two stories approximately 35 feet in height. (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 house has pre-existing nonconforming setbacks, received variance in the past. A variance is required to construct the minimal second floor. There are only a few homes on this private road and while another home to the west is similarly developed with nonconforming setbacks, the acquisition of the surrounding property by the Town of Southold provides that no neighbors will be adversely impacted by this proposed second floor expansion. The first floor will remain, remodeled, the existing garage is maintained. The proposed second floor addition is the only feasible alternative for the family to pursue to provide bedrooms for their children. The existing deck was extended by the prior owners in 1997, Spyridon and Letta Kouzious. The building Department required the owner to obtain a Trustees and DEC permit but since the deck was approved as a setback variance in 1985 the building department did not require the owner to obtain a new variance to extend the existing deck and an outdoor grill and cover was added onto the deck. This received a building permit (prior to Walz decision). Mr. and Mrs. Venetis purchased the house with all required certificates of occupancies. No change is proposed to the existing deck. A trellis for a fan is proposed, however, the deck will continue to remain open to the sky. (3) The amount of relief requested is not substantial because: The proposed construction is over the existing structure, is only 26' feet in height and is will below the 35' maximum height requirements. The Board granted the variances in 1985 and the Board recognized that the setbacks were established prior to zoning. The front yard setback granted by the ZBA is the average setback of the four other homes on Takaposha Road. The applicant is willing to cut back previously approved structures in order to add a second floor over the existing first floor. The applicant has I girl & 3 boys who are growing and the family needs the space. There is no impact to the neighborhood because the neighborhood is limited to the existing homes prior to the open space purchase. The surrounding land will never be developed and this house will not adversely impact the neighbors. The proposed construction will require the house to be improved with proper drainage, hurricane strapping and updated sanitary system. These improvements are a benefit to the Town of Southold, the neighbors, the surrounding open space and the environment. These improvement make the proposed improvements "more consistent" with LWRP. The existing lot coverage is reduced. The setbacks of the house to the bulkhead are maintained and the deck is cut back. The required side yard setbacks of the house are: 10' and 15': the Existing house is at 12' (10 is required) and (7' deck +12.3') (15 is required) 19.3 is the setback of the house, the proposed second floor space will conform to the 10' and 15' minimum side yard setbacks. The existing deck will be reduced in size, as shown on the plans which reduces the existing lot coverage. The front yard setback is conforming (average front yard setback). (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The existing house is in very good condition and will be preserved, a second floor will be added over the existing house. The open space purchase according to the public hearing held 12/4/2007 was to keep the Blocker property from being developed with homes. The preservation of 45 aces does not prevent the improvements to the existing neighboring homes. For example two conservation subdivisions on Hogs Neck area (Zoumas & Hertado) preserved open space but permitted development of 25% of the preserved properties. The Town of Southold encourages conservation subdivisions even with open space preservation. The proposed project will result in certain environmental upgrades to the property: 1. an upgrade to the sanitary system and 2. drainage to meet the Town Code. The improvements to the property will be a benefit the physical & environmental conditions of the surrounding open space. The property is on the harbor at Corey Creek. The bulkhead provides protection to the property and the existing non-turf buffer along the top of the bulkhead prevents water runoff. Due to the large open space acquisition, which these owners supported, the five homes on this street will have little, if any, impact the physical or environmental conditions. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No The existing house predates regulations. This plan proposes the least disturbance to the waterfront and to the property. The existing setbacks of the house and deck are maintained and made more conforming. The lot coverage is reduced by the reduction of the front deck. The proposed construction is up (vertical) not out (horizontal). The existing house (a bay window) is cut back and deck in the side and front is cut back in order to reduce the existing lot coverage. The pre-existing nonconforming setbacks are not being "increased", the second floor is landward of the existing deck and conforming to front and side yard setbacks. Are there Covenants and Restrictions concerning this land: ~. No. Yes (please I~urnish copF). Except standard Trustees permit conditions of non-turf buffer and dry-wells. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. John & Daniella Venetis 2600 Takaposha Road, Southold SCTM#1000-87-6-4 Wood Bulkhead Harford Living Trust 2400 Takaposha Road, Southold SCTM# 1000-87- 6-2 no bulkhead (edge of wetlands) Jonathan Zang 370 Takaposha Road, Southold SCTM# 1000-87- 6-7 Wood bulkhead Margaret McNamara 640 Takaposha Road, Southold SCTM#1000-87- 6-10 wood bulkhead Ralph Panella Revocable Trust 540 Takaposha Road, Southold SCTM#1000-87- 6-9 wood bulkhead Front Yard setback: 28.6' Average: 28.6 +19.5 = 24.5' Front Yard setback: 19.5' within 300 feet of Venetis Existing: 39.3 Average Front Yard setback: 26.3' Average Front Yard Setback of all properties: 23.5' Front yard 24' Front Yard: 24' Second floor of Venetis starts at 28.6+ THE FOLLOWING TOWN RECORDS SHOW FRONT YARD SETBACKS AND DEVELOPMENT OF NEIGHBORHOOD (ASSESSORS RECORDS AND PHOTOGRAPHS OF EXISTING HOMES) M. Bldg. Extension Extension Extension Breezeway Garage Patio O.B. Total COLOR Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer Driveway Bath / Floors /~.. ,_ . Interior Finish J~.~ Heat Rooms Ist Floor Rooms 2nd Floor 4'ltl ¥77- ' 6'89°~"1'00"'~'. ' - too. Go Extension Extension L~sion Breezeway Garage ~ M. Bldg. Extension Extension Extension Breezeway Garage Foundation Basement Ext. Walls Fire Place Patio Driveway Porch Porch Bath Interior Finish He~ Attic Rooms 1st Floor Rooms 2nd Floor 4.'?+ +~.0~ ~ O~ 2'/' 4O' tg 4.'1+ ( ~ L +g~.4 AREA OF FILL 2~_.,~X~ii' TO 5'At!3OV~ lEX. EL: +4.q +/- /dALL I~LK~ AREA OF FILL AD PER (PBNDING DEC-., Ar'r"~.OVAL) 7 N. 0~ 12' OO" ~ TIE LINI~ ALON~. DIOoP BULF-.Ht~AD LITTU= PI:CONIC BAY '904O AREA = '12,918 sq, ft. to tie line SURVEY OF PROPERTY A T BA YVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, N )~ 1000 - 87 - 06 - 07 SCALE 1" = 30' APRIL 16, 2O05 KEY MAP ,/~C"~-'" ~?-~- ? TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ~"~ VILLAGE DIST. SUB. LOT ' E . ,~.. ACR. · , I FORMER OWNER J N ~/~T /~O/~t~, :~-~'~/4;~*m-~p~ RES.~ ~. S~S. VL FA~ COMM. CB. MISC. M~t. Value ~ND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION N~ NO~L BELOW ABOVE FArM Acre Value Per Value Ac re T~le 1 T~le 2 Tilloble 3 Woodlond Swompl~nd FRONTAG~ O~ WATfiR Brushland FRONTAGE ON ROAD / House Plot DEPTH ~ ~ BULKH~D Total DOCK M. Bldg. Extension ~/'~ :JOOrs Extension ~/' ln~terior Finish Extension ~ Heat Rooms 1st Floor Porch Breezeway C-~rage Patio COLOR TRIM Foundotion Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer Driveway / ,Total Rooms 2nd Floor Dinette DR. BR. FIN. B. 4-.~+ +e.o~ EL I`G' ,GliDE , `GETB/~.K +D.4 AREA O~: FILL ~D~' TO lEX. ~..: +4.q */- ? AI~4EA OF t=ILL A`G F:~R / NEI'~I IDULK. HEAD, t=~I~41T (PI~N]~I NG DEC N. &~, lc" 00" Pi TIE LINE ,~01~ ~]D IDULtC~,-tEA~ LITTLE PECONIC BAY +4.q tDULKf AREA = '12,918 sq~ ft to fie ~ SURVEY OF PROPERTY A T BA YVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, N )~ t000 - 87 - 06 - 07 SCAL~- I"= 30' APRIL 16, 2003 F~E¢ONIC SL~EYORS, P.C. TOWN OF. SOUTHOLD PROPERTY OWNER ~ ~k Ow ~ VL. RES. ~/0 S~AS. RECORD CARD ~LAND J, AGE IMP. ~3 ~/ o o DATE TOTAL I VI LLAGE COMM. 'q REMARKS DISTRICT SUB. LOT ACREAGE TYPE OF BUILDING CB. MISC. BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value 1 Tillable 2 Tillable 3 Wcodland Swampland Brush a~nd'~ House Plot Tara I J '/ M. Bldg. Extension Ex,~sion Extension Breezewa Garage ? Foundation Basement Ext. Wails Fire Place Patio Driveway Porch Porch Bath Floors Interior Finish Hea¢ Attic Rooms 1st Floor Rooms 2nd Floor ! ( Breezeway patio · 87-6-10 ·3/03 ........... ~.~ .... ~ . , ~ ~ Fire . : % Dri B'reezgway Garage ~tio ,., bouthold Town Board ACTION OF TME ZONING BOARD OF APPEALS Appeal No. 3360 Application 'Dated April 17, 1985 TO: Mrs. Margaret Wagner 20 Slabey Avenuq. Malverne, NY 11565 (Public Hearing June 27, 1985) ~oARD OF APPEALS At a Meeting of the Zoning Board of Appeals held on 'July 18~ ]985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town La~, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section IX] Request for ~ariance to the Zoning Ordinance Article Ill , Section 100-3], Bulk Schedule, and Article X! , Section ]00~119.2(C) [ ] Request for -. ,. Application of MARGARET WAGNER, 20 Slabey Avenue, Malverne NY ll565, for a Variance to the 2oning Ordinance, Arti'cle III, Section lO0-31 and Article XI, Section 100-119.2(C) for permission to build deck addition with reduction from edge of Corey Creek a.nd reductions in front and side yard setbacks. Location of Property: 2600 Private Road ~15 (Takaposha Road), Southold, NY; County Tax Map Parcel No. 1000-087-06-004. WHEREAS, a public hearing was held and concluded on June 27, 1985, in the Matter of the Application of MARGARET WAGNER; and WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter, and it is noted that no opposition has been received; and- WHEREAS, the board members are familiar with the property, its use and the area in question; and WHEREAS, the board made the following findings of fact: 1. By this application, applicant seeks permission to construct an open deck addit.ien wrapped around the westerly end of the existing one-story, single-family dwelling, leaving an insufficient sideyard from the west side at 14 feet, an insufficient frontyard setback at 23 feet from the southerly property line, an insufficient setback from the highwater mark of Corey Creek and existing wooden bu. lkhead at 38 feet. 2. The premises in question is located along the northerly side of a private road (right-of-way) referred to as Takaposha Road, or Private Road No. 15, which extends from a point at the south side of Main Bayview Road in varied d{rections to the premises in question, which is identified on the Suffolk County Tax Maps as District 1000, Section 87, Block 6, Lot 4, containing an area of 10,500± sq. ft. 3. Per the record, it is noted that the subject private road (right-of-way) has been the subject of a prior appeal, under No. 1223, granted on January 2, 1969, with the condition that the holes and ruts from Main' Bayview Road be filled and be smoothed over the entire road. 4. Article III, Sect'ion lO0-31, Bulk Schedule of the Zoning DATED: June 24, 1985. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) · P~age 2 - Appeal No. 3360 Matter of MARGARET WAGNER Decision Rendered July-18. Code, requires total sidej 1S feet on the other side established, and Section feet from the landward ed, merk of such tidal water 5. In viewing the s two lots west of the appli improved with a single-fam feet from its front proper distance from this applica a parallel line at or near in question, and was coed' permission to reduce the one-half feet for a one-ci of the rear deck of the H~ per Building Permit No. l( 6. The percentage el herein is as follows. (b) the frontyard 13 feel variance; (c) a reductic setback of the dwelling fr or 18±% of a variance fro In considering this open-deck addition as pro change the Character of t to adjoining properties; effect of increased popula on available governmental substandard size of this I difficulty cannot be obvi~ applicant to pursue other the manner in which the di of all the above factors, served by allowing the va~ Accordi'ngly, on moti( Mr. Douglass, it was RESOLVED, that the al permission to construct a frontyard setback of nol property line, 14' from 38' from the existing rear IS APPROVED) SUBJECT TO 1. Thet the deck ree additional ltvin~ 2. There be ~o light properties; 3. That the right-el January 2, 1969 as require be improved as follows: (al from Main regreded (b) the side in width and be c¢ emergencj (c) the entr( of-way n( not to c( right-of- Vote of the Board: Douglass and Sawicki. Thi lk 1985 ards of 25 feet, a minimum!of 10 feet and frontyard setback of 35 f~et or the ~0-119.2(B) requires a minimum of 75 ~ of tidal wetland or ordinary highwater ady, whichever is greater.l ructures in the immediate ~rea,.a parcel cant (1000--87-06-002 of H&rford) is tly dwelling set back approximately 19) ty line, which is 23m fdet!less of a qt's front property line W~en drawn on the center of the privatelright-of-way ~tonally granted under Appeal No. 3369 ~ste~)y sideyard setback t~ seven-and .\\ - garage addition. The exlsting setback "ford dwelling is shown to,be 35 feet as '253Z, C.O. #9633 of AugustilB, )97g. relief requested by the a~plicant ' ) one foot sideyard, or 7~ of a variance; from the requirements, or|33% of a n of 12 feet from the existing 56' om the bulk'headed tidal wetland area, the zoning requirements. ipltcatton, the board agrees that the ~sed: (1) will not substantially ~ district; (2) will not)be edverse (3) wilt not cause a substantial tion density which may be produced facilities; (4) in view of the ~rcel and substandard setbacks, the ted by some method feasibl6 for the than a variance; (5) in ~iew of fftculty arose and in consideration :he interests of justice w~ll be lance, es noted below. by Mr. Sawtck!, seconded!by ltBatign of',MARGARET WAGN[R for ap~aroun'd..bpen deck addition with closer than 23' to the front e west side property line,land wooden bulkhead, BE AND H~REBY FOLLOWING CONDITIONS: e~n o~ened (not to be enclosed for lng which may be obtrusive~to other -way as approved under Appeal No. 12~3 by New York Town Law, Section 280-a, Bayview Road to the firstiBO° turn be potholes filled); rush be cut back to a minimum 16 feet vhere necessary through th6 entire length ~tinuously maintained for ~afe access by and other vehicles; )ce pipe at the beginning of the right- ar Main Bayview Road be deflected as use any leakage or drainag~ onto the way in question. ~es: Messrs. Goehrlnger, Doyen Grigonis, resolution w~.a~ unanimously adopted. July 24, 1985 RECEIVED ~OARD OF APPEALS New York D{te4 November 22, 1968 RECE~[V£1~ ~OARD O.F APPEALS .................... of the Zonin~ Ordinance. and the decision of the Btfilding Inspector ( ) be reversed ( ) be condom ed because ~eorget%e Campbell, · 128 Hem~stead Avenue, L~ro~, New York, for a~proval of accesm to ~ivate road ~ au=or.ce wi~ the State of New Yo=k T~n ~w, Section 280A. L~at~on of pro~ty: private r~d of~ ~sou~ s~de 'Ba~lew Road, $~old, ~ ~o~, bonded nor~ by ~ivate road, ~st by'A~r~ Enterprises. sou~ by Peconic Bay. · 'west by Betty]Neville. Secretary After lnvestigatien and inspection the 'Board finds that the a~pllGant ~eque, ste approval of access to one individual lot in a~ar~ance with ~e State of New York T~n Law, Section 1~ ~ hel~ ~ s~gle and ~eparate ~;nershi~. ~e ~s Xoa~ m~t bs ~roved if a~r~al of access is %o be ~anted. ~e holes and ruts, fr~ ~ln ~a~iew Road to ~e ~nd, must be ~lled, and ~en several ~chea of baa-run m~st be gm~ed ~e ~e rOa~ ~e d~nmions of ~e lot ~e 140 feet private woa~ ~ 12~ feet in dep~ to ~on$c Bay, ~g Of suffi- =~ent ~ea and c~le ox grea~ ~an ~e ~ea ~f. ne~ing ~u~s wh~h ~e separately ~ned. ~e right-of-way On 1~ ~ l~ate~ has ~en in ~isten~e for at least ten years. ~ere ace fo~r o~ pro~rties wi~ ~ellings louated ~ereon using ~e ~i~ht~e~-way Is S0 feet wide, e~$1y~ng wl~ T~n ~velo~ent The B~a~d finale that strict al;pl/~ation of ~he ordnance wi~l pEod~ce ]~ractieal d/fficulties or unnecessary hardship; the hardship created Is unique and would not be shared by ell pxo~erties alike ~un the ~mmediate vicinity Of this property and in the same us~ d~str~ct~ an~ t-he variance d°e~ 6b~erv& ~he, Spirit of the O~d/~ance and ~lll not c~ange the character of the district. Therefore, it was RESOLVED .that ~lraud W. 1,28 Hempstea~ Avenue, ~ynbrook, New York, be GRA~TED apprC~;el of ~ess to private read in accordance with the 'State ~of N~ Yqr~, Tow~ Law, ;I,m~:~E~v~eAts W~11 be subject to the approval of the Bu~l~g ~s~ectox. RECEIVED BOARD OF APPEALS ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville April 28, 2010 Zoning Appeal No. 6396 Transmitted herewith is Zoning Appeals No. 6396 of Patricia Moore for John & Daniella Venetis - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, LWRP Consistency Assessment Form, Cover Letter from Patricia Moore Dated April 26, 2010, Notice of Disapproval from Building Department Dated April 20, 2010, Letter to ZBA from Angel B. Chomo Architect Dated January 10, 2010, Authorization Letter from John Venetis to Patricia Moore to Represent them in this Matter, 5 Pages of Photos, Property Record Card, Copy of Tax Map, Copy of Certificate of Occupancy No Z10650 Dated August 31, 1981, Copy of Building Permit No 11109Z Dated April 15, 1981, Application for Certificate of Occupancy Dated August 24, 1981, Copy of Field Inspection for Permit #11109Z, Copy of Application for Building Permit April 8, 1981, Copy of Foundation & Elevation Plan Prepared by A. Reilly & Sons, Inc., Copy of Certificate of Occupancy No Z-25200 Dated August 13, 1997, Housing Code Inspection Report for Garage Addition & Deck Addition Dated August 12, 1997, Copy of Survey Dated July 29, 1997 Prepared by Stanley J. Isaksen, Jr. Surveyor, Application for Certificate of Occupancy July 8, 1997, Copy of Consent to Inspection Dated July 8, 1997, Board of Appeals Determination No 6313 Dated December 3, 2009, Copy of Survey Showing Proposed & Existing Construction Prepared by January 02, 2009, Copy of Survey Showing Enlarge Drawing of Proposed Construction Dated December 15, 2008 Prepared by Stanley J. Isaksen, Jr., Board of Appeals No. 3360 Dated April 17; 1985, Copy of Survey Dated December 15, 2008 Prepared by Stanley J. Isaksen, Jr. Surveyor, 2 Pages of Plans Showing Floor Plans & Elevations Dated January 10, 2010 Prepared by Chorno Associates. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 04/27/10 * * * RECEIPT * * * Receipt~: 78319 Transaction(s): 1 1 Application Fees Reference Subtotal 6396 $600.00 Check#: 5265 Total Paid: $600.00 Name: Venetis, Daniella & John 154-32 17th Road Whitestone, NY 11357 Clerk ID: CAROLH Internal ID: 6396 V~ MARTIN D. FINNRGAN TOWN ATTORNEY mar tin~finnegan@town.southold.ny.u$ JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY j ennifer,andaloro~town.southold.ny.us IGOR][ M. HULSE ASSISTANT TOWN ATTORNEY lori.hul~@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town H~II Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD October 4, 2010 Mr. & Mrs. John Venetis 154-32 17th Road Whitestone, NY 11357-3203 RE: Takaposha Right-of-Way Dear Mr. & Mrs. Venetis: As you know, the Town of Southold purchased the Blocker property for the purposes of open space preservation in 2008. Part of that purchase included the right- of-way which provides access to your property known as Takaposha Road. While the Town may perform certain maintenance of this right-of-way in connection with the upkeep of the open space parcel it has purchased, the Town will not, and is not, obligated to maintain the right-of-way for the purpose of providing access to your property as required by Town Law §280-a. The Town's purchase of this property did not change the status of Takaposha Road from a private right-of-way to a "public road." However, pursuant to an agreement dated October 6, 1949 between a prior owner of the Blocker property and the prior owner of your property, you have the right to perform any maintenance on the right-of-way necessary to ensure unfettered and safe ingress and egress to your property, subject to necessary permitting requirements. Please be guided accordingly. Town Attorney MDF/Ik cc: Hon. Scott A. Russell, Supervisor Ms. Leslie Weisman, Chairperson, Zoning Board of Appeals Mr. James Richter, Town Engineering inspector Ms. Melissa Spiro, Land Preservation Coordinator BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 3, 2011 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, FEBRUARY 3, 2011: 11:15AM - JOHN and DANIELLA VENETIS #6396 - (Re-Opened by Resolution to clarify the record) Requests for Variances under Sections 280-t16-B and 280-124, based on the Building Inspector's April 20, 20t0 Notice of Disapproval concerning an application for reconstruction and second floor addition, which new construction will be: 1) less than the code-required minimum of 75 feet from the bulkhead, 2) less than 35 feet from the front lot line, 3) less than 35 feet from the rear lot line, 4) less than 25 feet for both (combined) minimum side yard setbacks, 5) exceeds the code limitation of 20% maximum lot coverage (building area). Location of Property: 2600 Takaposha Road, (adj. to Corey Harbor) Southold; CTM 1000-87-6-4. 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 priorto the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~Town. Southold.n¥.us. Dated: January 10, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 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 week(s), successively, commencing on the said Newspaper once each week for 1 20Ih day of January, 2011. 'r/<../~? · 'Principal Clerk Sworn to before me this LEGAL iNOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY FEBRUARY 3, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of theTown Law and Town Code Chapter 280 (Zoning),Town of Southdid, the follow/rig public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hail, 53095 Main Road, I~O. Box 1179, Southo]d, New York ! 197 ! -0959, on THURSDAY FEB- RUARY 3. 2011: 9..30 AM.. MARY ANN PRICE #6447 - Request for Special Exception under Chapter 280-45B(8). Owner re- quests authorization to operate a flea market at: 730 Love Lane Matfltuck, NY. SCTM#1000-140-2-18, ~.50 A.M.. WILLIAM C. GOGGINS and DONNA M. GOGGINS g6444 - Applicant requests a Special Exception under Article IIL Section 280-13B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure at; 8755 New Suffolk Road (Fifth Street) (adj. to Great Peconic Bay) New Suffolk, 10:10 AM.- IRENE RUTKOWSK1 IgSTATE #6445 - This is a request for a Waiver under Code Article II, Section 280-10A. to unmerge land identified as SCTM #1000-115-2-13, based on the Building Inspector's November 16, 2010 Notice of Disapproval citing Zoning Code Section 280-10A, which states that the nonconforming lots merged until a total lot size conforms to the current i ,; day of bulk schedule (minimum 40,000 square feet in this R-40 Residential Zone Dis- trict) this lot is merged with lot 12 to the west, at: 18525 and 18375 Route 25 Mattituck, NY. SCTM#1000-115-2-13 and 12. 10'30 A.M.- JEFF ANDRADE 86435 -(adj. from 1/6/llPH)Request for Vari- ance from Code Seedon 280-13 and 280- 15 and the Building Inspector's Septem- ber 29, 2010 Notice of Disapproval based on an application for building permit to construction an accessory structure i) proposed building is not accessory to existing structure, 2) accessory structure exceeding the maximum 750 sq. ft. al- lowed per code; at: 43850 Main Rd. (SR 25), Peconic, NY. sc*rM#1000-75-6-4. 10:50 A.M.. NANCY D. ARNZEN IRREVOCABLE TRUST/$6446 - Ap- plicant requests a Special Exception under Article III, Section 280-13B(I3). The Applicant is the owner requesting authorization to establish an Accessory Apartment In an accessory structure at: 145 Wavecrest Lane, Matfltuek, NY. ll:IS A.M.- .IOHN and DANIELLA VENETIS #6313 - (Re-opened by Res- olution to clarify the record) Requests for variances under Sect. 280-116(B) and 124, based on the Building Inspector's August 17,2009 Notice of Disapproval concerning an application for demolition and a building permit for a new single family dwelhng at; 1) less than the code required minhnum setback of 75 feet from a bulkhead, 2) less than the code required front and rear yard setback of 35 feet, 3) less than the code required combined side yards of 25 feet, 4) more than the code required 20% lot coverage (buildable area), 5) 280-a access, at: 2600 Takaposha Road, (adj. to Corey Harbor) Southdid; CFM 1000-87-64. 11:15 AM.- JOHN and DANIELLA 3[~2~I~ Jti,~ffl,~ - (Re-Opened by Res- olution to clarify the record) Requests for Variances under Sections 280-116-B and 280-124. based on the Building In- spector's April 20.2010 Notice of Disap- proval concerning an application for re- construction and second floor addition, which new construction will be: 1) less than the code-required minimum of 75 feet from the bulkhead, 2) less than 35 2011. NOTARY PUBLIC-STATE OF NEW YOR~', No. Ol-V06105050 Qualified In Suffolk Counly 25 feet for both (combined) minimum age (building area). Location of Prop, o ty: 2600 Takaposha Road, (adj. to Corey ~ - (Re-opened from 10/21/10PH) Request for Variance from tor's March 10, 2010, Notice of Disap- prior meetings and pending additional Adjourned from Public Heating ]an- The Board of Appeai~ wig hear all office at (631) 765-1809, or by email: 54375 Main Road (Office Location) 53095 Main Road (MaIHng/USPS) TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of: AFFIDAVIT OF MAILINGS (Name of Applicants) SCTM Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YORK I, residing at New York, being duly sworn, deposes and says that: On the [~ day of "~A~ tJq~ c4 , 20 \ \, I personally mailed at the United States Post Office in ~o-.~[cO [ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Swoj~l'l~ before me this ~.0'~- qt'ay~df ~., ,20 ~t. otary P~ ROBERT I. SCOT~I; j~. Notary Public, State of New York Qualified in Suffolk County No. 01SC472508~ .~ Term Expires May 31, ,~:® ~ ~ PLEASE list o.n the backfif this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. -3~o3 ~ 6:,/3 I 0 FFIC[~~S E J OFFIOI E P~tage Certified Fee OFFIC r,- Return Receipt Fee (Endorsement Rebuffed) E USE · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can retum the card to you. · Attach this card to the back of the mailpiece, or on the frJ3nt if space permits. 1. ArficJe [] Agent address different from item I Yes If YES, enter dailvery address be[ow: [] No ~)-~ Service Type ; [] Registered 1'3 Insured Mail [] C.O.D. ~.~4 f~ 4. Res~sted Delive~/? (Extra Fee) 2. ArtlcleNumber 7009 0820 0001 7819 6495 PS Form 3811, February 2004 Domestic Return Receipt [] Express Mail [] Return Receipt for Merchar~dlse · Complete Items 1, 2, and 3. Also complete Item 4 If Resfltcted Detlva7 Is desired. iff Print your neme and address on the reverse so that we can retum tile card to you. · Attach this card to the back of the mallpisoe, or on the front If space permits, ~r~m~,~es~ 7009 0820 0001 7819 6471 PS Form 3811, February 2004 Domestic Retum R~celpt , · ancL3. Also complete A. Signature item ~ P~stflctecl Dellvi~ry is desired, v [] Agent : Pdnt yoi~ ~em.~es on the reverse A [] Addressee sothatwe~an~'-~,~ °ardtO~/Ou' ~,:IlB ReCeived by (Printed Name) lC Date of Daiiver7 Attach this car~ thd ~k of the mailpiece~,?' I ' I ' or on the front if spaoe ]~l;h'nits. :~!,;~. II I ~; =" ';~, '~ ~ ~ D. Is delivery address dilfemflt from Item 1 ? [] Yes 1. Article Addressed to: If YES, enter delivery address be~w: [] No 3. Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Memhandlse [] Insured Mall r-I C.O.D. 4. Restricted Delivery? {Ex/fa Fee) ~-I Yes 7009 0820 00~1 7819 6488 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-Mo1~lO ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Namo of Applicants) AFFIDAVIT OF SION POSTING Regarding Posting of Sign upon Applicant's Land Idontified as 1000- . COUNTY OF SUFFOLK) STATE OF NEW YORK) ~[~t:~L~, New York, being duly sworn, depose and say that: On thec3_?~ day of ~'-'-'O-X._ O~[ ,I personally placed the Town's official Poster, with the date of hearing 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 right-of-way entrance;* and that that the Poster has remained in place for~se/v&n qay~s prior to th/at date of I hereby confirm which hearing date was shown to be ~ the subject hearing date, Sworn to before me tbs d, r4 d y o 7;,.oo , 20// (Notary Public (Signature) CONNIE D. BUNCH Nota~ Pub#o, State of New Yonk No. 01BU6185050 Qualified in Suffolk County Commlaalon E~plres April 14, *near the entrance or dhvewa¥ entrance of my_ property - - BOARD OF APPEALS SOUTHOLD TOWN HALL 53095 MAIN ROAD P.O. BOX 1179 SOUTHOLD, NEW YORK 11971-0959 l:~ _:_FEB_- 4 2011 2nd ...... E_ ,-- R£TU~NED- 7009 0820 0001 7819 6518 01/10/2011 ~ $05.54-~ ZIP 11971 011Dl1614162 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 January 10, 2011 RE: Venetis, Application #6313 & 6393 Dear Neighbors: The Zoning Board of Appeals, by resolution, has decided to reopen both applications to clarify the records. Both of these applications are scheduled to be heard on February 3, 2011 at 11:15AM. You may appear at the hearing or come into the Zoning Board Office to review the files or if you have any questions or concerns you can call the office between the hours of 8AM - 4PM. Thank you for your attention to this matter. Sincerely,/~'D Board Assistant mnc, 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: hctp://southtown.northfork.net January 7, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday,Februar~ 3, 2011 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 January 17th: 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 Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than January 24th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along 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 envelope is returned "undeliverable", please advise this office as soon as possible. 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 January 26th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicantJagents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not 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 supplied for posting on both front yards. Please deliver or mail your Affidavit of Postin,q for receipt by our office before February 1, 2011. 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. NOTIC E OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: SCTM #: VENETIS, J. # 6313 & 6396 REOPENED BY RESOLUTION TO CLARIFY RECORDS 1000-87-6-4 VARIANCE: BLKHD SB/LOT COV/FR. YD. SB REQUEST: 2ND FLOOR ADD. & RENO. DATE: THURS, FEB. 3, 2011 II :15 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 OF APPEALS-TOWN OF SOUTHOLD 765-1809 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goebxinger George Homing Ken Schneider Southold Town Hail 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Hoor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 December 21, 2010 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 RE: Venetis, File Nos. 6313 & 6396 Dear Ms. Moore: At the Special meeting of the Zoning Board of Appeals on December 14,. 2010, the Board discussed a request from the Town Attorney's office by letter dated December 8, 2010, asking the Board to reopen file numbers 6313 and 6396, Venetis. Please be advised that it was decided by Resolution to reopen both Hearings to clarify the records regarding the Town's position on the maintenance of Takaposha Road. These applications will be placed on the agenda for the February 3,2011 Public hearing. You will be notified of the time once the agenda has been set. If you have any questions, please contact our office. Thank you for your attention to this matter. Sincer~ly, x Vicki Toth Board Assistant Cc: file, Town Attorney TOWN ATTORNEY 1 ~ malqJm finnegan@town southold ny us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer .andaloro(~Wtown.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 To' From: Date: Subject: OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM Members of the Zoning Board of Appeals Martin D. Finnegan, Town Attorney December 8, 2010 Venetis v. ZBA RECEIVED BOARD OF APPEALS This office has been informed that on December 3, 2009, the ZBA rendered a determination in a variance application made by John and Daniella Venetis, # 6313, that was based upon incorrect information contained in the record. Additionally, the ZBA has heard and closed a hearing on an additional variance application made by John and Daniella Venetis, #6396. According to the transcript of this hearing, the issue of the Town's purported obligation to maintain the Takaposha Road (right of way) was discussed and a letter issued by this office on October 4, 2010 clarifying the Town's position on this issue to the homeowners who live on Takaposha was referred to but not entered into the record. This office requests that the ZBA reopen both the proceeding resulting in the December 3, 2009 decision so that the record and decision can be corrected to reflect the Town's position on the maintenance of Takaposha Road and that the record from the proceeding most recently before the Board be re-opened to accept the October 4, 2010 letter from this office. Please contact this office, should you have any questions. MDF/Ik cc: Patricia Moore, Esq. martin.finnegan@town.southold.ny.us ~ ,~q~ JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD October 15, 2010 VIA FACSIMILE and FIRST CLASS MAIL Hon. Peter H. Mayer Supreme Court, Suffolk County I Court Street Riverhead, NY 11901 RECEIVED OCl- 1 5 2010(j.4~[C~ BOARD OF APPEALS Attention: Ms. Jill Meise, Secretary RE: John Venetis, et al. v. Zoning Board of Appeals of the Town of Southoldllndex No. 10-1102 (Article 78 Proceeding) Dear Ms. Meise: This office represents respondents in the above-referenced Article 78 proceeding. We are respectfully requesting that the return date be adjourned, on consent, to December 21, 2010. The reason we are requesting this adjournment is that petitioners have a pending application before the Town Zoning Board of Appeals ("ZBA") and that such application, if granted, would likely render this Article 78 proceeding academic. In this regard, we are enclosing an executed Stipulation of Adjournment. As of now, the ZBA has informed us that the application has been placed on the October 21, 2010 calendar. Therefore, an adjournment until December is the minimum necessary time to try to obtain a decision from the ZBA. If the Court wishes to discuss this matter further, Mr. Moore and I can be available for a conference call or Court appearance. Moreover, if the Court does not wish to adjourn the matter until December, we respectfully request an alternative adjournment in the Court's discretion. a'~dfo Assista~ Town Attorney JA/Ik Enclosure cc: William D. Moore, Esq., Attorney for Petitioners Ms. Leslie Weisman, ZBA Chair, Town of Southold 0CT. 12.20]0 9:lOAM mu, zgu r. z SUPKEME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Ia the Matter of the Applic,~tion of JOHN VENETIS and DANIELLA VENETIS, Pe~fioners, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules - against - STIPULATION OF ADJOURNMENT IndexNo. I0-1102 ZONING BOARD OF APPEALS OF TH~ TOWN OF SOUTHOLD, Respondent The undersigned attorneys for the parties herein hereby s/ipulate to adjoura the refum date currently scheduled with the Court (Hon. Pete~ H. Mayer) on October 19, 2010, until D~cember 21, 2010, on consent. The undersigned agree that a tclcfacslmile copy of any signature to thl~ Stipulation shall be binding upon the parties and shah be dcc~ed an original for all purposes. Dated: Southold, New York October 12, 2010 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS J~)~nifel~/~alda~o~o, Assistant Town Atty. A't'tome~/for Respondent Town of Southold, Office of Towa Atty. P.O. Box 1179, 54375 Ma. in Road Southold, NY 11971-0959 (631) 765-1939 Attorney for Petitioners 51020 Main Road Southold, NY 11971 (631) 765-4663 Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 October 8, 2010 RECEIVED OCT BOARD OF APPEALS RE: VENETIS SCTM: 1000-87-6-4 Dear Chairman: With reference to the above, of a report from Inter-Science. file. Thank you. enclosed please find six copies Please make this part of the Very tr~yours, ~l~tricia C. Moore PCM/bp encls. C: Mr. & Mrs. John Venetis INTEI CIENCE RESEARCH ASSOCIATES, INC. ENVIRONPIENTAL PLANNING & DEVELOPP1ENT CONSULTANTS RtCHARD ERIK WARREN,AICP RECEIVED BOARD OF APPEALS October 5, 2010. Patricia C. Moore, Esq. 51020 Main Road Southold, New York 11971 Property Of ............. John and Daniella Venetis; Property Location ........ 2600 Takaposha Road, Southold; SCTM 1000-87-6-4; Fronting Water Body ..... Cory Creek; Proposed Action ......... (1) Construction of Second Story on Existing One Story Single Family Residence; (2) Interior and Exterior Modifications, (3) Sanitary System Upgrade, (4) Creation of Additional Buffer to Wetland, Etc. Dear Ms. Moore: You recently contacted, Inter-Science Research Associates, Inc., regarding the proposal referenced above. In specific, you requested that Inter-Science study the proposal and make an assessment regarding the projects potential environmental impacts to the surrounding neighborhood, open space, and Corey Creek. In response to your request, I conducted a site inspection on August 29~' and have reviewed the plans and papers that you have provided to our office. When determining project impact for a proposal such as this, the following issues need to be examined and assessed: (1) Sanitary System; (2) Wetland Buffer; (3) Coverage; (4) Disturbance Area; (5) Yard Setbacks; (6) HeightIScale/Visual Impact - Relationship to Community Character; and (7) Drainage. Based upon my site inspection (photos of my inspection accompany this letter) and my review of plans and papers that you provided to me, I offer you the following comments regarding the 7 issues raised above (beginning on the next page). POST OFFICE BOX 1201 · 36 NUGENT STREET · SOUTHAF1PTON, NEWYORK 11969 1201 · 631-283-5958 · FAX:631-283-5974 1. Sanitar~ System. The subject home was originally constructed in 1964. No evidence obtained to date indicates that the existing sanitary system has been updated since 1964. Consequently, it is highly suspected that the existing sanitary system does not conform to current requirements set forth by the Suffolk County Department of Health Services (SCDHS) - such as the minimum separation distance from the bottom of the leaching pool to groundwater. Based upon sketches of the proposed sanitary system (sketches completed by Joe Fischetti, P.E.) and additional information provided by yourself, it is my opinion that (1) the proposed system represents an upgrade in comparison to the existing system and (2) the proposed system will be reviewed (and approved) by the SCDHS prior to the issuance of a Building Permit. Furthermore, it appears that the proposed system will be located on the landward side of the home - at the furthest possible distance from the fronting water body. As such, with respect to the suspected existing nonconforming sanitary system, I can reasonably conclude that the proposed sanitary system will reduce the potential of effluent reaching groundwater and/or the surrounding waterbody. 2. Wetland Buffer. With the exception of a narrow row of stone pavers that lie directly adjacent to the existing bulkhead, the property does not contain any form of wetland buffer. It is my understanding the property owner/applicant is willing to add a low-growing vegetated wetland buffer (native beach grasses, Bayberry, Beach Plum, Virginia Rose, etc.) in an attempt to mitigate some of the negative impacts of overland runoff into the adjacent wetland (buffer design has not been determined at this time). Given that the property does not essentially have any buffer, the addition of any buffer to the site would be of environmental benefit. 3. Coverage. The proposed second story will be constructed directly above the existing habitable 1st floor. Lot coverage will not increase from this proposed action. In fact, coverage will be reduced from 27% to 24.5% because the applicant/property owner is also proposing to remove a portion of an existing deck. 4. Disturbance Area. The proposed construction of the second story will not require the demolition of the existing first story. Engineering reports have concluded that the first story can support the second story with minimal modification. As such, with respect to site construction, there is little reason to speculate that there will be any disturbance beyond the footprint of the existing structure, other than the upgrade of the sanitary system (which will take place on the landward side of the house). -2- INTER CIENCE 5. Yard Setbacks. The proposed second floor will be constructed entirely within the confines of the existing footprint and thus, will not reduce any existing yard setbacks. 6. Height/Scale/Visual Impact - Relationship to Community Character. Paperwork provided indicates that the proposed home will be 26' high - 9' below the Town's 35' height limitation for this property. The property is located in an isolated community of 5 homes. One of the five homes already possesses a habitable second floor. Furthermore, it is my understanding that one other home (of the 5) has already been approved for the construction of a second floor. Therefore, the current proposal should not be considered president setting since president already exists. All five of the existing homes in this community possess about the same size footprint. Since the applicant/owner is proposing a second floor completely within the footprint of the existing structure, the increase in structural bulk will be consistent with existing developmental patterns for the immediate area. Some vegetative screening exists between (1) the existing home to the street and (2) between the existing home to the water. Is my understanding that the applicant/owner is willing to entertain the prospect of adding a low growing wetland buffer to the site and may be willing to add similar additional landscaping on the landward side of the home to screen the sanitary system from the road. The identified scale and scope of the proposed construction lead one to conclude that (1) the action is consistent with development in the area and (2) the action represents significantly less than the maximum height allowed by the Town. As such, it is reasonable to conclude that the proposal will result in an insignificant visual impact from the street and fronting waterbody. 7. Drainage. It is my understanding that the proposed construction will include the use of gutters and downspouts which will direct rainwater into catch basin(s) leading to groundwater re-charge. In addition, the inclusion of a vegetated wetland buffer, located adjacent to the bulkhead, will further discourage the existing unrestricted flow of runoff into the adjacent waterbody. -3- INTER CIENCE Of the 7 issues studied and based upon the information provided, it is my pro[essional opinion that the proposed construction should not result in adverse environmental impacts, ln fact, due to the some of the required and voluntary mitigative actions (i.e. sanitary system upgrade and creation of vegetated wetland buffer), the proposal could very well be considered an environmental improvement in comparison to the existing condition at the property. Please contact me if you have any questions or concerns about the statements and conclusions made in this correspondence. Senior Environmental Planner and Landscape Architect -4- INTERc CIENCE ~l~operty of John and Daniella Venetis~ 2600 l~kaposha Road, Southold, NY · SC[M 1000-87-6-4, Photos laken 8/29/10 by Inter-Science Resr~arch Assoc., Inc. Photo I Photo 2 INTER~E_~_NC. E i~roperty of John and Daniella Veneti~ 2600 I'akaposha Road, Southotd, NY · SC IM 1000-87-6-4, Photos Fake~ 8/29/10 by Inter-Science Research Assoc., Inc. Photo 3 Photo 4 INTER CIENCE BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Roaffo EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MEMO Date: August 23, 2010 To: Land Preservation Committee From: Board of Zoning Appeals RE: Venetis Application Comment: We have a hearing scheduled for August 26, 2010 for John & Daniella Venetis, located at 2600 Takaposha Rd., Southold, for reconstruction and second floor addition to a dwelling. We are requesting comments from your Board in regards to this property. Attached is the complete application received by our department. Thank you. Town Hall, State Route 25 P.O. [lox 1179 Southold, New York 11971-0959 Telephone (631) 765-5711 Fax (63 I) 765-1366 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD TO: FROM: RE: Zoning Board of Appeals Melissa Spiro, Land Preservation Coordinator Venetis Application SCTM# 1000-87-6-4 DATE: August 25, 2010 I have received your August 23rd request for comments on the above mentioned application. The request has been scheduled for review at the next Land Preservation Committee meeting on August 31st. I will forward comments from the Committee as soon as possible after the meeting. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 RECEIVED JUN 1 62010 BOARD OF AppeAL June 15, 2010 c~'~'"~¢z~ Attn: Leslie Weisman, Chairperson Zoning Board of Appeals Main Road Southold NY 11971 RE: VARIANCE APPLICATION - JOHN & DANIELLA VENETIS PREMISES: 2600 TAKAPOSHA ROAD, SOUTHOLD SCTM: 1000-87-6-4 Dear Ms. Weisman; With reference to the above application which was filed on April 26, 2010. We respectfully request that this matter be placed on your Auqust, 2010 hearing calendar. This application is very important to my client, however my client and family will be away in July and would very much like to attend the public hearing. Thank you for your cooperation in this matter. ~--. Patncia C. Moore PCM/bp 9952 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 7th dayof October, 2010. / Principal Clerk Sworn to before me this LEGAL NOTICE $OUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAy OCTOBER 21, 2010 PUBLIC HEARINGS NO'/ICE IS HEREBY GIVEN, pursu- ant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following pubgc hear ngs will be beld by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Ea. Box 1 i79, Southold, New York ! 1971-0959, on THURSDAy OCTOBER 21, 2010: *~,- a'm~ANC~I,Oj~[ g6419 - '°'ppncant requests a Special Exceptlo~ under Article III, Section 280-13B(15),. The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure, Lo- cated at: 310 Hantington BNd., Peconic, NY. SCTMgI000-67.4_g. ],~'00 ~ _ EI~I~F~ LATHA~ S~42! - Requcsl for Variances from Article Ill Code Section 280-14 (Bulk Schedule) based on an appl cation for bu ding per m t and the Bul d ng Inspector's July 29, 2010, Notice of Disapproval concerning proposed two lot suhdiv sion, Parcel - l) lot size less than the code requ red sq. ft. for two u~es, 2) side yard setback of less than the code required 30 feet, 3) lot coverage of more than the code required 5%. Parcel 2 - 1) lot size less than ~he code required 2~0,000 sq. fL 2) Jot width less than the code requ red 270 feet at; 31900 Main Rd., Orient, NY. SCTM#1000_19_l- 7.5. Zone R200. Inspector's August 27, 20~0 No ce ~W)~!2~ake) Southold, N~ SCTM#1-000. ~t~gl~sSaPeCtr~S September 13.2010 Nollcc 868{) New Suffolk Rd, (aka Fifth St.) (adj. Io Greal Peconic Bay) New Suffolk, NY, 11:20 a.m. - CARRIE TINTLE - Request for Variance from Article XXII, Code Section 280-116, based on an appli- cation f{n building permit and th~ Build- ing Inspector's September 23, 201(I Notice o1 Disapproval, concerning secood story addition to a single family dwelling at than the code required s~'Iback to a bulk- head of 75 feet, at: 1235 Lupron Point Rd., (adi. to Deep Hole Creek) Mattituck, NY. 11'40 a.m. - MARK and SHARO~ once from Article III, Code Section 280. 15. based on an application for building permit and the Building Inspector's Sep- tember 23, 2010 Notice of Disapproval concerning proposed accessory garage at 1) less than the code required front yard setback of 35 feet both front yards, 2) less than the code required side yard setback of 20 feet at: 405 Private Rd. #3 and ROW, (adj. to Jockey Creek), Southold, NY. -~- Request for Variance from Article III, Code Section 280-15, based on an application for building perm t and the Building Inspector's September 23, 2010 Notice of Disapproval, concerning proposed accessory garage at less than the code required side yard setback of 10 feel. at: 1410 Great Peconlc Bay Blvd, Laurel, NY. SCTM#1000-145-2- I7.2. Carryover Hearings, continued from prior meetings and pending additional 01- formation: Adjourned from Public H~aring July 29, 2010: 1.'00 a.m.. HARRIET MeNAMAR?. CHRISTINA VOLINSKI NOTARY PUBLIC-S'fATE OF NEW YORK NO. 0'1 -V06~ 05050 Qualified in SufJo~k County BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard E Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 26, 2010 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, AUGUST 26~ 2010: 12:45 PM - JOHN and DANIELLA VENETIS #6396 Location of Property: 2600 Takaposha Road, (adj. to Corey Harbor) Southold; CTM 1000-87-6-4. Requests for Variances under Sections 280-116-B and 280-124, based on the Building Inspector's April 20, 2010 Notice of Disapproval concerning an application for reconstruction and second floor addition, which new construction will be: 1) less than the code-required minimum of 75 feet from the bulkhead, 2) less than 35 feet from the front lot line, 3) less than 35 feet from the rear lot line, 4) less than 25 feet for both (combined) minimum side yard setbacks, 5) exceeds the code limitation of 20% maximum lot coverage (building area), The above hearing will not start earlier than designated. 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. The file is available for review during regular business hours and prior to the day of the hearing. If you have questions, call our office at (631) 765-1809 or by email at Vicki.Toth~..Town.Southold.ny.us. Dated: August 2, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) 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: htlp://southtown.northfork.net July 30, 2010 Re: Town Code Chapter 55 -Public Notices for Thursday, August 26, 2010 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 August 9th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan {filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearinq, providing the returned letter to us as soon as possible; AND not later than August 16th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, along 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 envelope is returned "undeliverable", please advise this office as soon as possible. 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 AuRust 18st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicantJagents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not 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 supplied for posting on both front yards. Please deliver or mail your Affidavit of PostinR for receipt by our office before August 24, 2010. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls, NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: SCTM #: VENETIS, J. 1000-87-6-4 # 6396 VARIANCE: BULKHEAD SETBACK/LOT COVERAGE/FRONT YARD SETBACK REQUEST: 2'D FLOOR ADDITION & RENOVATION DATE: THURS, AUG. 26, 2010 12:45 PM BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 If you are interested in this. project, you may review the file(s) prior to the hearing during normal bus,ness days between 8 AM and 3 PM. ZONING 9885 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 12th day of Au.qust, 2010. Principal Clerk Sworn to before me this Ii)') day of LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY AUGUST 26, 2010 PUBLIC HEARINGS NOTICE IS HEREBY G1VEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoding),Town of Southold, thc following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on THURSDAY. AU- GUST 26. 2010: 9'.30 AM - Steve and Olea Tenedios #6407: Request for Variance from Code Section 280-15(F), based on an applica- tion for building permit and the Build- ing Inspector's June 11, 2010 Notice of Disapproval, concerning proposed two story two car accessory garage, 1) loca- tion in a side yard when a front yard or rear yard incaQon is code-required on a waterfront parcel, at: 17327 Main Rd., East Marion. SCTM#1000-23-1-14.10. 9'50 AM - Judith B. Ullman and dith A. Moch g6~3: Request for vari- ance from Code Section 280-124, based on an a~plication for building permit and the Butiding Inspector's March 2, 2010, updated May 25, 2010 Notice of Disap- proval concerning proposed foundation reconstruction and alteration to year round dwelling at: 1) less than the code required front yard setback of 50 feet; 2) less than thc code required side yard setback of 15 feet; 3) convcrsinn of front porch to habitable space which p~rsuant to "Walz" constitutes an increase ~n non- conformance. Property located at: 7617 Sound'dew Ave.,(adj. to Great Pond aka Leeton's Lake) Southold SCTM#1000- 10:.10 AM - William A. Penney III II~dy Carl #6319 & 6336: (adj. from PH 12/3/09) Location of Property: 45450 C.R, 48 (a/kin North Road or Middle Road) and Youngs Avenue, Southdid; CTM 1000-55-5-2.2. Zone District: Gen- eral Business B. The applicant is request- ing the following, based on the Building Inspector's revised August 5, 2009 No- ti.c~ nf Disapproval: ~ #6319 - Request for a Special Excep- tion concerning vehicle and accessory #6336 - Request for a Variance con- ~ern~ng an as-built accessory shed build- mg in a location other than the code- required rear yard, 10'.30 AM. Thomas M. and Maureen ance from Code Section 280-124. based on an application for building permit and the Build ng Inspector's May 26, 2010 Notice of Disapproval concern- lng proposed additions/alterations to a single-family dwelling at: 1) less than the Cbde required side yard setback of 15 feet, 2) less than the code required to~ tal side yard combined of 35 feet. Prop- erty located at: 1200 Broadwaters Rd., (adj. to Broadwaters Cove) Cutchogue, SCRM#1000-104-9-3. 10:45 AM. Michael and Renee Belle- ro #6414: Request for variance from ap- proved Cluster Subdivision setbacks and Code Section 280-18, based on an appli- cation for building permit and the Build- ing Inspector's May 26. 2010, amended July 13, 2010 Notice of Disapproval concerning proposed additions/altera~ tions to existing single-family dwelling at: 1) less than the approved front yarfi setback of 25 feet; 2) less than the-code two and a half. Property located at: 2095 The Strand and The Greenway. East Marion, SCTM#1000-30-2-52. 11:00 AM. Bonnie M. Ouinn g6408: Request for variance from Code Sec- tion 280-116(B) and 280.15, based on an application for building permit and the Building Inspector's June 14, 2~.10 Notice of Disapproval concerning 'as built" alterations/additions and acces- sory structures at: 1) less than the code required setback from a bulkhead of 75 feet; 2) accessory structures loca ed n side yard when the rear yard location is code required. Property located at: 1075 Cedar Point Dr., West (adj. to west Lake) I1:15 AM . Andrew W. and Dana Oueen #6401· Request for variance from Code Section 280-124, based on an ap- plication for building permit and the Building Inspector's December 8, 2009, updated May 27, 2010 Notice of Disap- proval concerning proposed deck addi- tion to a single-family dwelling at less than the code required rear yard setback of 35 feet. Property iota ted at: 1380 Koke Dr., Southold SCTM#1000-87-5-18. 11:45 AM . William Gorman an~ · W - ' Request for variance from Code Section 280- I21(A)la, based on an application for building permit and the Build ng lnspec- offs Ma.y 14 2010 Notice of Disapprova concernmg proposed change of use to an existing structure: 1) In the AC Zone the proposed use is not allowed, 2) per Zoning Board of Appeals grant#1508 sales and repairs, proposal is to change to retail antique/craft shop. Property located at: 45805 Route 25. Southold SCTM#1000-75-2.14. 12130 PM - Eileen E Dchanev #6406; Request for Variance from Code Sec- tion 280-124, based on an appliea on for building permit and che Building inspec- tor's June 3, 2010 Notice of Disapproval, concerning "as bu dt" deck addition to ex- isting single-family dwelling, 1) less than the code required front yard setback of 35 feet, at: 1140 Carrington Rd. and Vanston Rd., Cutchogue. SCTMgl0~0- NOTARY PUBLIC-SI'ATE OF NEW YO~K NO. 0! .wO6105050 OL~c~itied in Su~fo}k County Vj~lF.~[~tion of Property: >600 Takaposha Road, (adj. to Corey ~arbor) Southold; ~M 1~-87-6-4. rice of D~appr9val con.ming an ap- line, 4) less ~an 25 feet for bo~ (~m- 5) ex--ds ~e code li~tation of 20% max~um lot coverage (b~ld~g area), ~over Heafing~ mntinued ~om Adjourned ~m Public He.rig May ~, ~10: ~. (adj, ~om May 20, 2010 PH} quest for Vari~ ~om Code 2~-70(i) baed on an applimfion for wkeless m~iafion tower ~d 2~9, u~ated Mamh 4. 2010 Nofi~ nf designated above. Files are available for office at (631) 765-18~, or by emil: Date~ ~t 2, ~10 PE~ON ~75 M~n Road (Offim P.O. Box 11~ 98~-1T.~12 ..... ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of JOHN & DANIELLA VENETIS (Name of Applicant) SCTM Parcel #1000-87-6-4 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS RECEIVED I, BETSY PERKINS , residing at Mattituck, New York, being duly sworn, depose and say that: On the day of August, 2010, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. I~SEig natu r~"~// TSY PERKINS Sworn to before me this day of August, 2010 · Co,~u'",,,,~i~, '~,~J,~-~urie 3...~. . PLEASE hst, on t~e~ack of ~s ~t the owner names and addresses for which notices were mailed. Thank you. MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk Count~z Commission Expires June 3, ~O,.// or on a sheet of paper, the lot numbers next to VENETIS NEIGHBOR LIST SCTM: 1000-87-6-4 Harford Living Trust 8 Beachway Port Washington NY 11050 sctm: 1000-87-6-2 Suffolk County Parks & Recreation John Pavacic, Commissioner PO Box 1444 West Sayville NY 11796 sctm: 1000-87-6-12.1 Jonathan Zang 41 Philip Street, Apt. 2 Boston, MA 02114 sctm: 1000-87-6-7 Town of Southold PO Box 1179 Southold NY 11971 sctm: 1000-87-5-10 RECEIPT RECEIPT 7192 6463 3110 0o00 7507 71926463311000007491 FROM: FROM: PATRICIA C MOORE PATRICIA C MOORE RE: vonetis zba hearing SEND TO: SEND TO: suffolk county FEES: FEES: Postage 0.44 TOTAL $ 5.54 TOTAL $ 5.54 posTMARK OR DATE POSTMARK OR DATE RECEIPT 7192 6463 3110 0000 7514 FROM: PATRIClA C MOORE RE: venetis zba hearing SEND TO: Jonathan Zang 41 Philip S~reet, Apt 2 Bostoft MA 02114 FEES: Postage 0 44 TOTAL $ 5.54 POSTMARK OR DATE RECEIPT FROM: SEND TO: FEES: TOTAL $ 5.54 POSTMARK OR DATE PATRICIA ~Nm~MOORE 51020 MAIWAD SOUTHOLD N~11971 or CJAgent) By: Date of Delivery PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 7192 6463 3110 0000 7521 t. Article Addressed To: TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY 11971 (Extra Fee) [] Yes CERTIFIED 2, Article Number 7192 6463 3110 0000 7507 7192 6463 3110 0000 7507 t. Article Addressed To: C. Date SUFFOLK COUNTY PARKS & RECREATION JOHN PAVACIC, COMMISSIONER PO BOX 1444 WEST SAYVILLE NY 11796 PATRICIA C- MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restricted Delivery? 3, Service Type (Extra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0000 7491 7192 6463 3110 0000 7491 t. Article Addressed To: HARFORD LIVING TRUST 8 BEACHWAY PORT WASHINGTON NY 11050 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of JOHN & DANIELLA VENETIS Regarding Posting of Sign Upon Applicant's Land Identified as 1000-87-6-4 AFFIDAVIT OF SIGN POSTING RECEIVED AUG 2 5 ~01~ BOARD OF APPEALS COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the 18~" day of August, 2010, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, August 26, 2010. /..-~"-- ~)~ ~atricia C. Moore Sworn to before me this 25~" day of August, 2010 *near the entrance or driveway entrance of the property, as the area most visible to passersby. ce~/r, eet~r mver'h~J~NY U~OI' .L J ,,,~--~'?'o~ COUNTY OF SUFFOLK (~) I~J R. I~o~r'f~, To. S~Ic, A~, Itl°'') ~ J .... SOUT,OLO I~v~ ..................... ' J$£~:TH3N NO BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1197 l February 17,2011 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA File#6396 - Venetis Dear Ms. Moore: Transmitted for your records is a copy of the Board's February 16, 2011 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Vicki Toth Encl. Cc: Building Dept.