Loading...
HomeMy WebLinkAbout6313! / Sou%hold, NY , ~ Vrrirnce to mrke 6ddition (deck) filed~.17.85 TakapOsha area 87 Private Rd. %15 2,3,4,5 80A subject to road improv. (pending) ~1223 1/2/6! $oubhold, NY ~ Vrri~nce to m~ke addition (deck) filed~.lT.85 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. 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:Hsoutholdtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 ~ ~ I 7,~-5 APR 7 3 2011 FINDINGS, DELIBE~TIONS AND DETERMI~ old Town Clerk M~fiTI~G OF A~RIk 7, 20~ AMENDED DECISION ZBA File No.: 6313 AMENDED Applicant/Owner: John and Daniel la Venetis SCTM# 1000-87-6-4 Location: 2600 Private Road aka Takaposha Road (adj, to Corey Harbor) Southold, NY 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 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 FACTS/DESCRIPTION: The subject property is a 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 nonconforming 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-family dwelling, 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), 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 Page 2 - April 7,201 l ZBA File#6313 Amended - Venetis CTM: 1000-87-6-4 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. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 1, 2009 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: ADDITIONAL INFORMATION: The applicant filed 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 the construction 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 am no longer applicable. RELIEF REQUESTED: 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 variance for a 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: Page 3 April 7,20!1 ZBA File#6313 Amended - Venetis CTM: 1000-87-6-4 l. Town Law §267-b{3}{b}{3){l). 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 pumhased, under Town Board Resolution 2007-934, by the Town of Southold in a 50%/50% partnership 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 story. 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 story, 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 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)(3). 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 required 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 the 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 lhan 50% beyond what the code requires; e. A variance under Sect. 280-A for access to the properly. Increasing the height of the existing non-conforming house as a result of adding a second floor, even if there is no demolitiom 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 years 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 ora 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: Page 4- April 7,2011 ZBA File#6313 Amended - Venetis CTM: 1000-87-6-4 (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 ora 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 variances from this Board. 5. Town Law §267-b{3){b){4). The proposed variances would 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. Re~ardin~, 280-a access: a letter was added by Resolution to this file from the Town of Southold Office of the Town Attorney dated October 4, 2010. It states the Town is not obligated to maintain the right of way and that the status of Takaposha Road has not changed from a private right of way to a "public road". Further stating, that the property owner has the right to perform any maintenance on the right of way necessary to ensure unfettered and safe ingress and egress to the owner's property, subject to necessary permitting requirements. BOARD RESOLUTION: 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, the Zoning Board resolves 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. Page 5 - April 7, 2011 ZBA Fileg6313 Amended - Venetis CTM: 1000-87-6-4 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 ora 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 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. Thc 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 nonconformi[y. Vote of the Boar& Ayes: Members Weisman (Chairperson), Dinizio, Goehringer, Schneider,, Horning. This Resolution was du~ ad~.~ed (5-0). Leslie Kanes Weisman, Chairperson Approved for filing ~7~//~.L/2011 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS ~ECI~IVED Te!.(631)765-1809 Fax(631)765-9064 x-7,o?E~ ] ] 2009 DELIBERATIONS AND DETERMINATION C.~. ~ FINDINGS, MEETING OF DECEMBER 3, 2009 ~°~'"!;~I;,~ ~ .t ~[er/~ ZB File No. 6313 - JOHN and DANIELLA VENETIS, Applicants Property Location: 2600 Private Road #15, a/k/a Takaposha Road, Southold CTM 87-6-4 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 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 FACTS/DESCRIPTION: 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 nonconforming 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-family dwelling, 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), 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. Page 2 - December 3, 2009 ZB File No. 6313 - 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 filed an application on June 2, 2009 for the demolition of the prior non-conforming one-stow 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 Depadment 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 REQUESTED: The applicant proposes to demolish an existing non-conforming one-stow 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 variance for a 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, Page 3 - December 3, 2009 ZB File No. 6313 - John and Daniella Venetis . CTM No. 87-6-4 under Town Board Resolution 2007-934, by the Town of Southold in a 50%/50% partnership 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 story. 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 story, 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)(3). The number and size of the variances are substantial, in light of the fact that the existing structure is bein9 demolished and a new structure is being proposed. Both the number of variances and the degree of variances required 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 years 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: Page 4 - December 3, 2009 ZB File No. 6313 - John and Daniella Venetis -CTM No. 87-6-4 (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 variances from this Board. 5. Town Law §267-b(3)(b)(4). The proposed variances would 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. Re.qardin.q 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 Page 5 - December 3, 2009 ZB File No. 6313 - John and Dani¢lla Venetis ,.CTM No. 87-6-4 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 nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer, Weisman, Simon, Schneider. Member Horning was absent. This Resolution was duly adopted (4-0). ~./~~ ~ ~, Gerard P. Goehringer ~/ Chairman 11/24/2009 11:17 FAX 631 765 4643 MOORE LAW OFFICES PAT-RICIA C. MOORE Attorney at Law 51020 Main Road Southold, Now York 11971 Tel: (631) 765.4330 Fax: (631) 765-4643 At'tn: Gerard Goehringer, Chairman Zoning Board of Appeals Main Road Southoid NY 11971 ~ ZBA ~ 001 November 23, 2009 L ROV 2 4 2009 RE: VARIANCE APPLICATION - JOHN & DANIELLA VENETIS PREMISES: 2600 TAKAPOSHA ROAD, SOUTHOLD SCTM: '1000-87-6-4 Dear Mr. Goehringer: With reference to the above and pursuant to the Board's request, please be advised that we hereby grant an extension of time to render a decision up to and including December 16, 2009. Thank you. ~rfcia C. Moore PCM/bp JAMl~S C. McMAHON Director Telephone (631) 765-1283 Fax (631) 765-9015 TOWN OF SOUTHOLD DEPARTMENT OF PUBLIC WORKS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 MEMO To: From: Subject: Gerard Goehringer, Jr., Southold Zoning Board of Appeals Ji~~l~, Director, Department Blocker Preserve, Right-Of-Way Date: September 4, 2009 _'j/°O /v / , (o c~ Please find the enclosed letter I sent to Pat Moore, in referen~ to~tffe~Taka~AS .] (ROW) and the letter I received from Lori Hulse, Southold Assistant Town Attorney, in reference to the same. I have enclosed aerial maps of the Blocker Preserve showing the ROW that Southold DPW maintains. If you have any questions on the enclosed, please give me a call. JAMES C. McMAHON Director Telephone (631) 765-1283 Fax (631) 765-9015 TOWN OF SOUTHOLD DEPARTMENT OF PUBLIC WORKS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 $£P 1 2009 September 1,2009 Ms. Patricia Moore Attorney at Law 51020 Main Road Southold, NY 11971 Dear Pat: Please find the enclosed letter from Lori Hulse, Assistant Town Attorney, in reference to the maintenance and repair of Takaposa Road, on the Blocker property, that the Town of Southold and the County of Suffolk acquired, in 2008. In June 2009, the Department of Public Works spent three days re-grading Takaposa Road and we went back and re-graded the ROW again, in August. This fall we will cut back the trees and shrubs that have grown into the ROW and re- grade the ROW, as needed. We check the ROW on a regular basis and are committed to keeping the ROW in a condition that will alloxv the residents, service and emergency vehicles safe access to the homes on Takaposa Road. If you have any questions on the above, please give me a call. Sincerely, Jim McMahon, Director Department of Public Works Town of Southold PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town H~lAnnex, 54375 Route25 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 TO: FROM: RE: DATE: Jim McMahon, Department of Public Works Loft M. Hulse, Assistant Town Attorney Blocker property SCTM # 1000-87-6-12.1 December 15, 2008 The Town, during negotiations in the purchase of the Blocker property, did agree to maintain and repair Takaposa Road running within a certain right of way southerly fi.om Main Bayview Road at the Town's sole expense. This understanding was reduced to a signed writing by Supervisor Russell on June 11, 2008. It is the responsibility of the Town to grade the road sufficiently to allow for emergency vehicle access to the homes, currently the sole means of ingress/egress for those residents. PATRICIA C. MOORE Attorney at Law 020 Main Road Southold, New York 11971 Tel: (631 ) 765-4330 Fax: (631) 765-4643 September 14, 2009 Southold Town Zoning Board Main Road Southold, NY 11971 By Hand of Appeals Re: Mr. And Mrs. Venetis 1000-87-6-4 2600 Takaposha Road, Southold Dear Mr. Goehringer and Board: ~it~ regard to the 280~ variancej the .Town of Southold execumea an aqreement to mamntain and reDamr TakaDosa Road. ~ccord~ng .Fo ~hi~ agreDment, it is the T~wn's responsibility to grame ~ne roam sufficiently for emergency vehmcle access [rom the public road to the homes. Enclosed is a memo dated December 15, 2008 from Lori M. Hulse, Assistant Town Attorney, to Jim McMahon, Department of Public Works for your records. Also enclosed is a letter dated September 1, 2009 from Jim McMahon informing me as to the curren~ status of imDrovements made to the Road in June 2009 by the Town of Southold. According to. the Town Qf Southold, .Department of Public Works, the road ms being mamntained suffmcmently to allow for emergency vehicle access to the homes. Thank you for your continued courtesies. yours, C. Moor~-~ ~ LOCATION: (~L.?' ~own Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM MEMORANDUM Gerard Goehringer, Chair Town of Southold Zoning Board of Appeals To: MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 TOWN OF SOUTHOLD From: Mark Terry, Principal Planner LWRP Coordinator 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 wet/ands. 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 length and width which is planted with indigenous, drought tolerant, vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve ninety-five (95) percent qround cover within two years of installation. Survival of planted veqetation shall be (ninety) 90 percent for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, trimming tree limbs up to a height of fifteen feet (15') to maintain viewsheds, replanting of ve.qetation 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 RECEZl/ED 'JUL ? 2009 BOARD OF APPEALS THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING July 14, 2009 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers 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 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 SUPREME REQUEST FOR JUDICIAL INTERVENTION COURT, SUFFOLK PLAINTIFF(S): JOHN VENETIS and DANIELLA VENETIS DEFENDANTIS): SOUTHOLD TOWN ZONING BOARD OF APPEALS UCS-840 (REV 1/2000) COUNTY INDEX NO DATE PURCHASED: d,-,:¢ '~ ' - For Clerk Only lAS entry date Judge Assigned RJI Date Date issue joined: Billofparticulars served (Y/N): [ ] Y [ g ] N NATURE OF JUDICIAL INTERVENTION (check ONE box only AND enter information) Request for preliminary conference Note of issue and/or certificate of readiness Notice of motion (return date: _) Relief sought Order to show muse (clerk enter return date: ) Relief sought ] Other ex parle apnlication (specie: Notice of petition (return date: FEB 1, 2010 ) Relief sought Zoning variance decision rev. Notice of med~a~raclice action (speci~:.l.~ Y I~ ) Statement of net worth Writ ofh.bq.C,44m.s 4 2010,¢ Other (s~ci~: ~ NATURE OF ACTION OR PROCEEDING (Check ONE box only) MATRIMONIAL [ ] Contested -CM [ ] Uncontested -UM TORTS Malpractice [ ] Medical/Podiatric -MM [ ] Dental -DM [ ] *Olher Professional -OPM COMMERCIAL Contract *CONT Corporate -CORP Insurance (where insurer is a party, except -INS arbitration) UCC (including sales, negotiable instruments) -UCC *Other Commercial -OC REAL PROPERTY [ ] Tax Certiorari -TAX [ ] Foreclosure -FOR [ ] Condemnation -COND [ ] Landlord/Tenant -LT [ ] *Other Real Prooertv -ORP [ ] Motor Vehicle -MV [ ] *Products Liabilih' -PI. [ ] Environmental -EN [ ] Asbestos -ASB [ ] Breast Implant -BI [ ] *Other Negligence -OTN [ ] *Other Tort (including -OT intentional) SPECIAL PROCEEDINGS I ] An. 75 (Arbitration) -ART75 [ ] ArL 77 (Trusts) -ART77 [ ~c ] Art. 78 -ART7$ I ] Electien Law -ELEC OTHER MATTERS [ l ~10.~o l -OTH [ [ Guardianship (MHL Art. gl) *Other Mental Hygiene *Other Special Proceeding -GUARDgl -MHYG -OSP Check "YES" or "NO" for each of the following questions: ls this action/proceeding against a YES NO YES NO I I x I { I x 1 { [ ~ I Municipality TOWN OF SOUTHOLD ZONING BOARD (Specify OF APPEALS Docs this action/proceeding seek equitable relief? Does this action/proceeding seek recovery For personal injury? Does this action/proceeding seek recovery £or property damage? YES I I NO Public Authority: (Specify Pre-Note Time Frames: (This applies to all c~ses except contested matrimonials and tax certiorafi cases) Estimated time period for case to be ready for trial (from filing of RJl to filing of Note of Issue): X Expedited: 0-8 months Standard: 9-12 months Contested Matrimonial Cases Only: (Check and give date) Has summons been served? No Yes, Date Was a Notice of No Necessity filed? No Yes, Date ATTORNEY(S) FOR PLAINTIFF(S): Self Name Rep.* WILLIAM D. MOORE 51020 MAIN ROAD, SOUTHOLD, NEW YORK 11971 Complex: 13-15 months Phone # ATTORNEY(S) FOR DEFENDANT(S): Sell' Name Rep2' MARTIN E. FINNEGAN, SOUTHOLD TOWN A~rORNEY Address Phone # 53095 MAIN RD PO BOX 1179; SOUTHOLD. NY 631-765-1800 space provided above for attorneys. INSURANCE CARRIERS: NOT APPLICABLE RELATED CASES: (IF NONE~ write "NONE" below): Tit I~e Index # NONE Cour~ Nature of Relationship I AFFIRM UNDER PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FOR J~Jl~ INTERyENTION PREVIOUSLY BEEN FILED IN TH1S ACTION OR PROCEEDING. ~/~¢>~.~ Dated: JANUARY 4, 2010 (SIGNATURE) WILLIAM D. MOORE (PRINT OR TYPE NAME) PETITIONERS A~ORNEY FOR ATFACH RIDER SItEET IF NECESSARY TO PROVIDE REQUIRED INFORMATION SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK JOHN VENETIS and DAN1ELLA VENETIS, -against- Petitioners Index # NOTICE OF PETITION SOUTHOLD TOWN ZONING BOARD OF APPEALS, Respondent ~. ~,t~r% 9:30 AM Febm~ 1, 2010 or as soon thereafter as counsel may be heard Supreme Coum, Suffolk County Cou~ Street Riverhead, NY PLEASE TAKE NOTICE RETURN DATE, TIME, PLACE: SUPPORTING PAPERS: Verified Petition of John Venetis and Daniella Veneits sworn to January 4, 2010 RELIEF SOUGHT: Judgment pursuant to CPLR §7803(2) ,(3) and (4), that in its decision in Appeal #6313 the Respondent acted beyond its legal authority and jurisdiction, acted in violation of lawful procedure and fundamental due process; was arbitrary, capricious and without a rational basis on which to make such a determination, and the decision was not supported by substantial evidence in the record before it and for a j udgmem (1) reversing the Respondent's determination in Appeal #6313, and directing Respondent to grant the variances as requested in that Appeal or, in the altemative (2) for a judgment reversing the determination and remanding the matter to the Respondent for a new hearing and for such other and further relief the Court deems just and proper. ORAL ARGUMENT/HEARING: ls requested Dated: January 4, 2010 Southold, New York Yours, etc. William D~ Moore Attorney for Petitioners 51020 Main Road Southold, New York 11971 (631) 765-4663 SUPREME COURT STATE OF NEW YORK COUNTY OF SUFFOLK JOHN VENET1S and DANIELLA VENETIS, -against- Petitioners, PETITION Index # SOUTHOLD TOWN ZONING BOARD OF APPEALS, Respondent. Petitioners JOHN VENET1S and DANIELLA VENETIS (hereinafter collectively "Venetis" or "Petitioners"), for its Petition against the Respondent Southold Town Zoning Board of Appeals (hereinafter the "Zoning Board" or "Respondent"), allege as follows NATIJRE OR PROCEEDING This is a proceeding brought pursuant to CPLR {}7804 for a judgment pursuant to CPLR §7803(2) ,(3) and (4), that in its decision in Appeal #6313 the Respondent acted beyond its legal authority and jurisdiction, acted in violation of lawful procedure and fimdamental due process; was arbitrary, capricious and without a rational basis on which to make such a detemrination, and the decision was not supported by substantial evidence in the record before it and for a judgment ( 1 ) reversing the Respondent's determination in Appeal #6313, and directing Respondent to grant the variances as requested in that Appeal or, in the alternative (2) for a judgment reversing the determination and remanding the matter to the Respondent fbr a new hearing and for such other and further relief the Court deems just and proper. JURISDICTIONAL ALLEGATIONS The Petitioners John Venetis and Daniella Venetis are the owners of a single family residence located at 2600 Takaposha Road in the Town of Southold, Suffolk County New York bearing Suffolk County Tax Map number I000-8%6- 4. The Respondent Southold Town Zoning Board of Appeals is thc duly appointed body established in accordance with the provisions of the New York Town Law and is the body authorized to hear and determine appe',fls for area variances from the provisions of the Southold Town Zoning Code The members o f the Respondent board consist of Gerard P. Goehringer, Chairman, George Homing, Member, Michael A. Simon, Member. Leslie Kanes Weisman, Member, Kenneth Schneider, Member. PRELIMINARY STATEMENT This proceeding is brought pursuant to CPLR Article 78 for a judgment of this Court reversing and annulling the Respondent's determination made in Appeal # 6313. The Respondent's decision reflects a fundamental misunderstanding of the appeal before it, which renders its decision and the basis upon which it was made flawed. Specifically, the owners submilted a straight forward plan for a second-story addition and alteration to their existing one family dwelling. The Respondent repeatedly and erroneously describes the application as the demolition of the existing dwelling with construction of a now two story residence. The Respondent's error renders its decision meaningless as the Board addresses an application that was not before it. FACTUAL BACKGROUND The subject property is an 8,995 square foot parcel measuring approximately 100 feet by 9l feet. The property is improved with a pre-existing non-conforming one story single-family residence. In 1985 the Southold Town Zoning Board granted a prior owner variances to install a deck around the westerly end of the house with a side yard variance of I4 feet, a front yard variance of 23 feet and a 38 foot variance from a bulkhead on the property. In 1998 the prior owner removed and replaced an existing bulkhead. The new bulkhead was required, by the NYSDEC, to reduce the existing setback of the existing deck to 23 feet. The house and decks have certificates of occupancy issued by the Town of Southold. On June 2, 2009 the Venetis family filed an application with the Southold Town Building Department for the construction of a second-story addition to the existing one-story home. 10. The proposed construction would add a second floor over the existing first floor and would use the footprint of the existing dwelling. The decks would be reconstructed in kind and in place. The owner merely requested a roof over the existing rear deck to protect against the summer heat and sun. 11. At the time the building permit application was submitted to the Southold Town Building Department it was believed by the building department and the applicant that the second floor addition to the existing house necessitated raising the foundation and first floor elevation to meet the FEMA flood zone requirements. At the same time the building permit application had been filed, the FEMA maps were in the process of being amended. 12. The Southold Town Building Department issued a Notice of Disapproval for the proposed second story construction stating that the addition of the second story did not comply with the town code required front, side or rear yard setbacks or total lot coverage percentages permitted by the town code. The proposed second story addition complied with the height restrictions of the Southold Town Zoning Code and no height variance was needed, nor was it sought 13. Based upon the Notice of Disapproval, in June 2009 Mr. and Mrs. Venetis submitted an application to the Southold Town Zoning Board for the variances necessary for the construction of the second story addition to the existing dwelling. 14. On October 1,2009 the Respondent held a public hearing on the variance application. At the hearing the applicants were represented by counsel and their architect. At the hearing the applicant amended their application on the record. conforming one-story residence and the construction of a two-story house." This is wrong. The application was, and always was, an application for construction of alterations to the existing first floor residence and the construction of a second-story addition to the existing dwelling. 21. The Respondent's decision erroneously states that "since this application is for a demolition and construction ora new dwelling, [the] variances [previously granted by the Respondent] are no longer applicable." 22. Having misunderstood and mis-characterized the application that was before it, the Respondent's decision bears no relation to the application actually presented and the relief being sought by the petitioner. 23. Provisions of New York Town Law section 267-b require zoning boards to set forth the reasons for their determinations when considering area variances. The Respondent's misunderstanding of the application nullifies its attempted justification for its decision. The decision bears no relationship to the application that was before the Respondent. 24. The construction of a second story on an existing one story dwelling cannot be accomplished by any means other than building above the existing non- conforming residence. No new non-confo~Tnity was being proposed by the application. The Respondent's legal analysis of Town Law §267-b(3)(b)(2) erroneously states that the application and record were not amended to reflect the FEMA map amendments that no longer required lifting the existing first floor structure on the foundation. This statement is belied by the record established at the hearing. 25. The Respondent's analysis of Town Law §267-b(3)(b)(3) erroneously reviews the variance application and declares the variances to be "substantial, in light o£the fact that the existing structure is being demolished and a new structure is being propose&" The analysis is wrong as it misstates the variance application which was not a demolition and new construction. The analysis does not address the application which was for a second story addition to the existing one story dwelling. 26. The decision sets forth conclusions without providing any factual statements to support them, and, for which there is no evidence in the record to sustain them. 27. Without any evidence in the record, and without providing any supporting justification, the Respondent arbitrarily and capriciously declares that the second floor addition "would have a significant impact on th[e] area that has been protected from further development." This conclusion is baseless. The Respondent offers no justification for this conclusion. 28. The Respondent declares that ~the proposed variances would have an adverse effect on the environmental conditions in the vicinity." This is a conclusion without any basis in fact or evidence sec forth in the decision or in the record. It is an arbitrary and capricious conclusion unsupported by the record or the decision itself. WHEREFORE, it is respectlhlly requested that judgment be granted (1) reversing the Respondent's determination in Appeal #6313, and directing Respondent to grant the variances as requested in that Appeal or, in the alternative (2) for a judgment reversing the determination and remanding the matter to the Respondent for a new hearing and for such other and further relief the Court deems just and proper. Dated: Southold, New York January 3, 2010 ~lfia~m D. Moore Attorney for Petitioners 51020 Main Road Southold, New York 11971 (631) 765-4663 VERIFICATION STATE OF NEW YORK: COUNTY OF SUFFOLK: ss. William D. Moore, being duly sworn, deposes and says: he is the attorney for the petitioners in the above entitled proceeding; he has read the foregoing petition and the same is true of his own knowledge, except as to those matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true; thc reason this verification is not made by the said petitioners is that they ares not within the County of Suffolk, which is the county where the deponent has his office. Deponent farther says that the grounds of his belief as to all matters therein stated on information and belief, are derived from documents and materials in the files related to this matter. William D. Moore Sworn to before me the . Notice of Entry ke notice that tho within is a tree copy of a and Order duly entered in the office of tho the within named cour~ on William D. Moore Att~orneys for Plaintiff Office and Post Office Address 51020 Main Road Southold, NY 11971 index SUPREME COURT STATE OF NEW YORK COUNTY OF SUFFOLK JC~HN VENETIS and DANIELLA VENETIS, Petitioners, -against- SOUTHOLD TOWN ZONING BOARD OF APPEALS, Respondent. Notice of Settlement ~ke notice that a of which the within are a true II be presented for settlement to one of the ~fthe within named Court, at I Court Street, ad, New York on Yollrs~ etc. William D. Moore A ttorneyfor Plaintiff Office and Post Office Address 51020 Main Road Southold, Ny 11971 for NOTICE OF PETITION and VERIFIED PETITION William D. Moore Attorney for Plaintiffs Office and Post Office Address, Telephone 51020 Main Road Southold, NY 11971 (631) 765-4663 To: Service ora copy of the within is hereby admitted. Dated, Attorney(s) for , [ qr." ./ ,',12 -/ 7/ / JUN 3 2009 1000-087-096-04 PRELIMINARY ELATE: VENETIS RESIDENCE SOUTHOLD. NY. A-1 CHORNO ASSOCIATES ,~hite~s. SOU~OLD, NEW YORK ,I P RELIMI NARY o^'r£: i~ VENETIS RESIDENCE SOUTHOLD NY A-2 """'"'" ':' CHORNO ASSOCIATES SOUTHOLD, NEW YORK / PRELIMINARY VENE-['IS RESIDENCE SdUTHOLD. NY. CHORNO ASSOCIATES architects. 1000-087-096-04 I DATE: COREY HARBOR S N 88'48'55"£ 100.04' 100.00' (so' bdy . SUMMARY OF AREA'S TO COMPUTE PERCENTAGE OF'BUILDING LOT COVERAGE TOTAL ARE OF LOT ,,,8,g95 SF DESCRIBED PROPERTY SOUTHOLD, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYED FOR: JOHN VENETIS · DANtELL~ ,VENDT~S TM# 1000 087-06-004 S 87" DRIVEWAY '50"W 100.00' NOT TO SCALE SHOWN FOR CLARITY OF ROOF OVER ENTRY ~JUJUN 3 2009 SURVEYED, 15 DECEMBER 2008 SCALE 1"- 30' AREA = 8,g95 S.E OR 0208 ACRES SURVEYED BY STANLEY d ISAKSEN, JR. P.O, ~OX 294 NEW SUFE/OLK. N,Y, 1195~ FORM NO. 3 NOTICE OF DISAPPROVAL RECE~VEo AUG I ? 2009 ~)ARD OF AMMF.~LS TO: Patricia Moore, Atty. For: John & Daniella Venetis 51020 Main Road Southold, NY 11971 DATE: January 23, 2009 Revised: February 4, 2009 Updated: May 12, 2009 Revised: June 2, 2009 Revised: August 17, 2009 Please take notice that your application dated January 22, 2009: For permit for demolition and new 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 demolition and new dwelling, 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 lots 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 XXlII, Section 280-124, non-contbrming lots, less than 20,000 square feet shall maintain lot coverage of 20%, the survey shows 30.5 %+/-, and a front yard setback of 35 feet, the survey shows 23.5 feet, and both side yards shall have a total of 25 feet, the survey shows 24.3 feet, and a rear yard of 35 feet, the survey shows 24.5 feet to the rear property line. ~urther, pursuant to Article XXII, Section 280-109 (A)(1)(2)(C), access requirements; a .e inspection revealed the access is not in accordance with Town La~v 280-a. 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. 06-02-09;19:23 ; 97654643 FORM NO. 3 TO: Patricia Moore, Atty. For: John & Dani¢lla Vcnetis 51020 Main Road Sot~th01fl, NY 11971 NOTICE OF DISAPPROVAL DATE: January 23, 2009 Revised: February 4, ·2009 Updated: May 12, 2009 _ ~, ,~ Revised: June 2, 2009~,,~~ ~ 0~ Please take notice that your application dated January 22, 2009: FOr permit for de. Baolition and___~new dwellia~' at: Location of preperty: 2600 Takaposha Road Southold, NY County 'Fax Map No. 1000 - Section 87 Block _6 1.x)t 4_ Is returned herewith and disapproved on the'following grounds: ~lh¢ vroposcd demolition and new'dwellint', on this non-confom~ing 8,995 s..o,_fi, lot in is not allowe-~mu---rsu---~--~-to-Article ~XXIL section 28.0-11 o~B)~_w_hich ~he__ACDi.~strict~ on lots upon which a bulkhead ...exists... shall ~tates "All building_q.r strgctureS located ------~-- be set back not less than 75 feet from tlm bulkhead." :~'he survey shows a setback___of~22-~-/- feet tram the bulkhead: F~urthe~' purs_._uant to Article XXIII, Section 280-124, aon. eonfbrmin, gJ_lots, less than ~t shall ma[~a e of 20% the sum ~hows 30.50/o+/- and a ~ide ards shall have a total of 25 f tee the surve shows 24.3 feet and a. re~_.y_ard of 35 feet the snrvc shows }4.5 feet to the rear g3~.~pet~;Y line. Authorized Signature Note to Applicant: Any change or deviation to thc above referenced application may require further review.by the Southolfl Town Building Department. CC: file, Z.B,A. APPLICATION TO THE SOUTHOLD TOWN BOA~ OF APPEALS $ ~O[)'~ Date Assigned/Assignment No. ,ItlN 3 ~ce Notes: '"~ ~"~'/~ House No. 2600 Street Takaposha Road Hamlet Southold SCTM 1000 Section 87 BIock~6 Lot(s) 4 Lot Size_8,995 sq.ft. Zone R-40/~q 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED~ ~'.~t0.~; 07/.; ZCLD~ BASED ON MAP December 15, 2008 last dated May 20,2009 Applicant(s)/Owner(s):. John and Daniella Venetis Mailing Address: 154-32 17th Road, Whitestone NY 11357 Fax #: Emaih Telephone: 1-917-939-7035 pcmoore 1 (~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 Email: pcmoorel~optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or E Authorized Representative, or [3 Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED December 15, 2008 and last revised May 20, 2009_ and DENIED AN APPLICATION DATED January 22, 2009 FOR: E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) 1. Article XXII Section 280- 116 Subsection B (Setback from Bulkhead} existing setback to be retained 22') / 2. Article XXIII Section 280-124 (lot coverage) - existing 27% proposed 30.5%: includes 34 sq. ft. to add 12" wall along front (straight) as supports for second floor roof and roof overhang with steps 142 sq.ft., and proposed steps beyond roof overhang 145 sq.ft.- total 321 sq.ft. 3. Article XXIII Section 280-124 (front yard setback- closest point 23.5) [steps not counted by building dept because need access to house] and 4. Both side yards shall have a total of 25 feet, proposed 24.3 (retain existing) and 5. Rear Yard 35 rear yard required 24.5 existing (retained) Type of Appeal. An Appeal is made for: ~. A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal ~ has, [] has not been made at any time with respect to this property, UNDER Appeal No. Year_ (Please be sure to research before completing this question or call our offtce for assistance.) Appeal #3360 7-18-85for deck, Appeal #1223 1969 Wagner Name of Owner: Venetis ZBA File # REASONS FOR APPEAL (additional sheets ma), be used with preparerfs signature): AREA VARL4NCE 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 complied with FEMA regulations at the time which required finished floor to be 8' (existing finished floor is 8.94'). The only proposed additional lot coverage is for 34 sq.ft, for a front wall and roof over front entrance (the overhang roof provides an architectural break and covers a landing to the front door) roof, wall and stairs in total is 321 sq.ft.). The front elevation is built out one foot towards the street in order to give an architectural break to the front elevation and support the second floor. The existing house does not comply with the new FEMA regulations, the owner proposes to lift the house to raise the finished floor elevation by adding the required height to the existing foundation of the house. (Current regulations require 2' above the min. flood elevation of 8') The existing first floor will be remodeled and a new second floor will be constructed over the existing first floor. The one car garage remains with a small dormer storage space- roof change. The existing deck which received a variance in 1985 and deck addition constructed in 1998 will be reconstructed in kind and in the same location but raised to meet the FEMA elevation of the first floor of the house. A roof over the deck is requested because of the extreme heat and sun in the summer makes the deck too hot to enjoy. The owner wishes to add fans under the roof to increase the summer air circulation. The surrounding property was acquired by the Town of Southold and the access road (Takaposha Road)for this and other properties is maintained by the Town of Southold. According to Land Preservation, the Town assumed responsibility for the maintenance of Takaposha Road as part of their open space purchase. 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. All the homes in this neighborhood have similar lot coverage issues. The existing lot coverage is minimally changed with the architectural design to the front. The living space is not changed- the addition is over the existing first floor. The 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. (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 owners wishes to make improvements to their property but they are limited by FEMA regulations. The owner must raise the elevation of the existing house in order to make improvements to the existing house. The existing house will be remodeled and updated, additional bedrooms will be constructed on the new second floor. Because the house has pre-existing nonconforming setbacks, a variance is required to construct the 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 with a small dormer to the storage area of the garage to add architectural design. 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. This variance application requests reconstruction of the rear deck and they request that the deck to be covered. The owners wish to be protected from the summer heat on the deck and retain the outside grill. A roof over the deck will provide for collection of water runoff with gutters & leaders. (3) The amount of relief requested is not substantial because: The proposed construction is over the existing structure and will comply with height requirments. The Board granted the variances in 1985 and the Board recognized that the setbacks were established prior to zoning. Also taking into account the character of the area and in light of the similarly granted variances to neighboring properties, the variance for the rear deck was granted. There is no impact to thc 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 neighbor) and make the house "more consistent" in accordance with LWRP. The existing lot coverage is maintained with a small change to add an architectural design to the house. The setbacks to the bulkhead are maintained. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The open space and existing road does not capture water runoff. The house should be elevated to be protected from future flooding from the open space. The alterations to the house necessitate bringing the entire house into compliance with FEMA. The existing house is in very good condition and will be preserved, a second floor will be added over the existing house. The roof over the deck allows for capture of the water runoff into gutters and drywells. The roof is better than open decking which is pervious and rain water can not be captured. 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 and the existing house complied with the previous FEMA regulations. This plan proposes the least disturbance to the waterfront and to the property. The existing setbacks of the house and deck are maintained. The lot coverage remains substantially the same, the building department does not consider access stairs lot coverage, only the new 12" front wall and roofed over entrance adds lot coverage but the square footage of the wall, roof and stairs is provided for clarity. The proposed construction is up (vertical) not out (horizontal). The front wall is straight across the front of the house but does not extend closer to the front yard then the closest point of the existing house (a bay window) and deck which was previously granted a variance (23.5 previously approved). This house predates the current zoning setbacks and the setbacks are being maintained to the extent practical. Are there Covenants and Restrictions concerning this land: E No. Yes (Mease furnish cony). Except standard Trustees permit conditions of non-turf buffer and dry-wells. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF/1 USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ,4 TTACHED 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. Since this addition to the deck will be replaced with our current application for a roof over the deck the building department said to wait since any new permits would replace the 1998 open bui~ Signa'tU~e of Appellant or Authorized Agent $d~;r~/befflo~e~m,e~hl.~'~,//. ~-~///~ ~ (Agent must submit written Authorization from Owner) OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION 5ohn & 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 [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? seaward of bulkhead 2) Are these areas shown on the map submi~ed with this application? yes 3) Is the property bulkheaded between the wetlands area and the upland building area? yes 4) lfyour 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: simultaneous review and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? 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 lfyes, 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 existim, dwelling, with attached s, ara~e & deck _ and proposed use same with new second floor and covered deck ~l~le~sting: single-family; proposed: same with garage or pool, or other description.) r,u~zed Signature and Date 2/05; 1/07 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: John & Daniella Venetis Date Prepared: June 2, 2009 dUiq 3 2009 I. For Demolition of Existing Building Areas Please describe areas being removed: crawl space foundation raised with block or cement, if required, for FEMA (existing 8.94 may require 10 12 feet above 8'1) second floor addition to existing structure. New front wall added to foundation, and new second floor over first floor. II. New Construction Areas (New Dwelling or New Additions/Extensions): New front wall to straighten design and will support new second floor over existing first floor. A new roof overhang 4.5 feet within the existing setbacks proposed. Front setbacks no closer then 23.5 approved in ZBA variance #3360 dated 7-18-85 Dimensions of first floor extension: 12" for wall and 4.5 roof overhang Dimensions of new second floor: 24'.6" x 55'.9" (full second story) and 12'.3" x 24'.6" storage and dormer over existing garage. Dimensions of floor above second level: none Height (from finished ground to top of ridge) 31'-8" Is basement or lowest floor area being constructed slab If yes, please provide height (above ground) If can keep existing at 8.94 best (previously permitted FEMA regulations)- but building dept. may require raising by 2' above FEMA 8' (finished floor raised to 10') measured from natural existing grade to first floor: 14' (see plans) III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: one story Number of Floors and Changes WITH Alterations: remodel first floor & add new second floor- bedrooms on second floor IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2,425 sq.ft. (House and decks)_ Proposed increase of building coverage: 34sq.ft. (New front wall to square off entrance and provide front structural wall) and entrance steps up to raised elevation: 321 sq.ft, includes landing and steos( overhann roof over landing but not steps therefore less than 321 sq.ft) Buildin~ deoartment does not count landing and steps as lot coverage because it is the access to the house ) - if both front wall, landing and steps counted in lot coverage total maximum is 30.5% Square footage of your lot:~8,995 sq.ft.~to bulkhead Percentage of coverage of your lot by building area: 27% (building and rear roofed over deck) proposed front wall 34 sq.ft. +steps with overhang 142 sq.ft. + new steps beyond overhang 145 sq.ft. Total 321 sq.ft, or 30.5% V. Purpose of New Construction Requested: build second floor over existing footprint __ VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): house with garage on flat land, contains an existing bulkhead and surrounded by Town owned open space. Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS JUlq - ,,9 All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-87-6-4 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 SouthoId 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 Nature and extent of action: Owner wishes to construct second floor over existing first floor, cover and replace existing rear deck and behind the bulkhead and a 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 existing foundation must be raised to comply with FEMA. 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 roof to protect against the hot sun and will provide for collection of rainwater. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No 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 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria X Yes No Not Applicable The existing house will only get a second floor. The wood decking will be replaced and the roof over the proposed deck will provide for drainage. 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. Proposed improvements are intended to bring existing house into compliance with FEMA and second floor is over the existing structure. 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. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. __Yes XNo Not Applicable The parcel is private ownership. The Town of Sonthold 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 propertw 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). 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 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. YOUR NAME: __Patricla C. Moore, John & Daniella Venetis (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", Trustees name the activity: 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 the 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 the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); __ B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __ C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP NONE Submitied thi~ Signature:/~ Print NaSa C. Moore Owner :John AGRICULTURAL DATA STATEMENT . ZONING BOARD OF APPEALS TOWN OF SOUTHOLD JUN 3 J'~3 WHEN TO USE THIS FORI}I: 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 All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with sections 239- m and 239-n of the General Municipal Law. 1) Name of Applica . ~O ~ o ~'"~..r~o, ~ L,c, p~ 2) Address ofApplicant: t~ - %,~ ~q~ 3) Name of Land Owfier (if other than applicant): 4) Address of Land Owner: 5) Description of Proposed Project: C~.Y~ ,'-'kt'cc L.~ C~- .- f~.t~ka, ce, ~.,~,-~a, c~a~r '&ar. Lc- 6) Location of Property (road and tax rl~p number): 2. 7) Is the parcel within an agricultural district? b!~No U Yes 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 (Please use back side of page if more than six property owners are identified.) The lot numl~ers~E~_~ be obtained, in advance, when requested from the Office of the Planning Board at 765- 193~'re~oard of Appeals at 765-1809. Signature of Applicant Date Note: 1. The local board will solicit comments from 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 board 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. 1-14-09 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION (To be completed by Applicant od Project sponsor) 1. APPLICANT /SPONSOR 2, P[~0~JECT NAME 4, PRECISE LOCATION (Street a~dress ~nd ~oad intersections, ~romlnenl landmarks, etc., ~ gtovlde mag) SEQR 5. IS PROPOSED ACTION: 7. AMOUNT OF ~ND AFFE~ED: 10. DOES ACTION INVOLVE A PERMIT APPROVAl OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVENNMENTAL AGENGY {FEDERAL, STATE OR LOCAL~? ~ Yes [] NO I! yeS, IIsi Igmcy(s) ina pem~lt/lp~rovlI~ 11. DOES ANY ASPECt' OF THE ACTION HAVE A CURRENTLY VA[JO PERMIT OR APPROVAL? [~ Yes [~ No If yes, list agency name and permlt/lpp~'ovll AS A RESULT OF ROPOSED ACTION WILL EXISTING PERMmAPPROVAL REQUIRE MODIFICATION'/ 12. [:}Yea ~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE ~IE~T OF MY KNOWLEDGE If the action Is in the Coastal Area, and you am a state agency, complete the Coastal ~sessment Fo~ before proc~ding with this assessment OVER )ART H--ENVIRONMENTAL ASSESSMENT (To be completed Dy Agency) WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTAELISHMENT OF A CEA? [] Yes [] No I$ THERE. OR tS THERE LIKELY TO EE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ~ Yes [] NO n Yes, explain briefly PART III--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse eflect identified above, determine whether it:is substantial, large, importa~l or othet~vise signilicam. Each effect should be assessed in connection with ils (a) setting (i.e. urban or rural}; (b) probability of occurring; (c) dui'alion; (d) irreversibility; (e) geographic scope; and (I} magnitude. If secessaty, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and aclecluately addresse~. question D of Par~ II was checked yes, the determination and signilicance must evaluate the potential impact of the proposed action , on the environmental characferistics of the CEA, [] Check this box if you have identified one or more potentially large or significant adverse inf[5,acts wt~icr~ MAY occur, Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting ttlis c~etermination: FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building inspector Town Hail Southold, N.Y. Certi[icate Of Occupancy Z10650 Date August 31 THIS CERTIFIES that the building ................................................ R.O.W. End of Pvt. Rd. #12, Southold, New York Location of Property/~35~$ ~/o; ...... ;'i~ ............. 'S'tioe2i ..............'0'0'~ ..... County Tax Map No. 1000 Section ............ Block ............... Lot Subdivision ............................... 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 81 dated ............................ 19..., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for wlfich tiffs certificate is issued is ......... Addition to Dwelling Margaret Wagner The certificate is issned to ..................... [oi(,n.ek,~,~%ir~i~ ...................... of the aforesaid building. N/R Suffolk County Department of Itealth Approval .......................................... Building Inspector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southnld, N.Y. Certificate Of Occupancy No..Z.l. 3..9p.4. Date April 4 198.?. THIS CERTIFIES that the building ...... .A.d.d..i.t.i.o.n. ................................ Location of Property .2. .6.0.?:...Py.t. :..R.d.....~ .1.5.. { .T.a.k.a.t? .o.s.a..R..d...) ....... S.c..u.t.h.o. 1..d ....... Houso tva. Street Hamlet County Tax Map Ho. I000 Section .. 9.8.7 ....... Block ....0.6 .......... Lot 004 Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore ~ed in this office dated ApriX 4 .S.p .... ...................... 19. ursuant to which Braiding Penmt No .................... dated . August 23 19 85, 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 ......... ...... Deck Addition to Existing Dwelling --- The certificate is issued to ........... WAGNER, MARGARET (owner, of the aforesaid building. Suffolk County Department of Health Approval . i~ ..... H/..A ................................ UNDERWRITERS CERTIFICATE NO ............... bJ/.g ................................ Building Inspector Rev, 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall $outhold, N.Y. PRE~XISTIN~ CERTIFICATE OF OCCUPANC~ No S--25200 Date AUGUST 13, 1997 THIS CERTIFIES that the building Location of Property 260O TAKAPOSHA ROAD House No. Street County Tax Map No. 1000 Section 87 Block 6 Subdivision Filed Map No. Lot No. ONE FAMILY DWELLING SOU'£~OLD, Hamlet Lot 4 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 DWELLIN~ WITH ATTA~v GARAGE * The certificate is issued to (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED N/A N/A *PLEASE SEE ATTAu-K~ INSPECTION Huikd~n~ in~ctor . Rev. 1/81 ~x sen~ b~ AUTHOP-I ZATION LETTNR Sou=hold Town Zoning Board of Appeals and Southold Town Trustees P.0.Box 1179 Southold ToWn Hall Main Road, Southold, NY 11971 New York State Department of ~nvironmental Conservation Building 40-SUNY Stony Brook, New York 11790-2356 Att: Regulatory Perm/ts Any and all other State, County, or Local agencies. AGENT: name: Patricia C. Moore Esq. address: 51020 Main Road, S0uthold NY 11971 telephone number: 631-765-4330 PROPERTY: 2600 Takaposha Road, Southold SCT~%: 1000-87-6-4 Dear Sir or Madam; The undersigned owners authorize ~atricia c. Moore Esq. as our agent ~or all submissions to the Southold Town Trustees, Southold Town Zoning Board of Appeals, The New York State 'Department of Environmental Conservation, Suffolk County ~ealth Depargmen~ and any other State, County, or Local.agency which may lmm req~/ired for renovations and additions to the existing building. PATRICIA'C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 May 27,2009 Attn: Vicky Southold Town Building Department Main Road Southold NY 11971 RE: VARIANCE APPLICATION - JOHN & DANIELLA VENETIS PREMISES: 2600 TAKAPOSHA ROAD, SOUTHOLD SCTM: 1000-87-6.4 Dear Vicky: With reference to the above, Stanley Isaksen, Jr., surveyor has revised the survey to include all activity. The architectural plans and survey both show the following: 1. Proposed second floor addition to existing house 2. Existing house foundation will be raised to meet FEMA compliance- first floor retained 3. Existing deck will be reconstructed (originally constructed pursuant to ZBA variance #3360 1985) and deck will be raised, as required, to meet finished first floor (FEMA)- attached to survey is a foundation plan 4. Proposed cover to portion of existing deck- balance of deck to remain open 5. Existing nonconforming setbacks retained (side yard setbacks same, front yard no closer than variance #3360, rear yard established by existing deck and retained same setback to bulkhead) 6. Stanley Isaksen provided square footage of steps- please state on notice of disapproval if proposed steps do not require a variance, and are not included in lot coverage. If you do include the steps into lot coverage then the survey has these calculations. Thank you and if you should have any questions, please give me a call. Very truly yours, Patricia C. Moore PCM/bp PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (63 I) 765-4643 June 3,2009 Attn: Gerard Goehringer, Chairman 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 Mr. Goehringer: With reference to the above, enclosed please find 8 sets of the following: 1. Current Notice of Disapproval with correspondence to building department 2. Application with authorization. Also included is a copy of the 1985 variance granted which refers to the 1959 280A approval. 3. Survey prepared by Stanley J. Isaksen, Jr. dated December 15, 2008 and updated May 20,2009. Stanley provided a blown up version of the front overhang detail for your convenience. 3. Building Diagrams prepared by Angel B. Chorno, Architect 4. Photographs of existing conditions 5. Project description, questionnaire form, transactional disclosure and Agricultural data statement forms 6. Town property card 7. LWRP form 8. Environmental Assessment form 9. Copies of existing C.O.'s 10. My escrow check payable to the Town of Southold for the filing fee Please place this on your earliest available calendar. Thank you and if you should have any questions, please give me a call. PCM/bp '~(~WN OF SOUTHOLD BUIL'D~ING DEPARTMENT TOWN ~LL SOU~FHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined 20__ Approved ,20,__ Disapproved a/c Expm tion , ~O JAN 2 2 2009 BLDG, OEP[ TOWN OF $OUTHOLD PERMIT NO. BUILDING F~Ik, IIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets &Building Plans Planning Board approval Survey. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Building Inspector 'PLICATION FOR BUILDING PERMIT Date INSTRUCTIONS Mail to: Phone: ,20 0./¢ a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing c~d.g~ an4.regulations, and to admit authorized inspectors on premises and in building for necessary inspections. /.,J ~, ~ ' t--48/~ature of applicant or name, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises %/~0/9r~ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which p, roposed wo[k will be done: House Number Street County Tax Map No. 1000 Section 'fi7 Block Subdivision Hamlet Filed Map No. Lot fi/ Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: 3' Existing use and occupancy ~Jb~~' b. Intended use and occup~cy ~. ~ Od~/ ~r~ ~y o wo k Repair Removal Demolition O~er Work 4. Estimated Cost r'~ ~ 5. If dwelling, number of dwelling units If garage, number of cars Fee (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height. Number of Stories Rear Dimensions of same structure with alterations or additions: Front Depth Height Number of 8. Dimensions of entire new construction: Front Height Number of Stories Rear 9. Size of lot: Front Rear .Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO__ 13. Will lot be re-graded? YES__ NO__Will excess fill be removed from premises? YES__ NO__ 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) SS: /'t6/[,~. C?~f/t~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual sfgning contract) above named, (S)He is the (~o~ate Officer, of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ~.,] '~7" dayof ,,~t~t~J, 200~' ( Notary Public MARGARET C. RUTKOWSKI Notary Public, State of New York No 498.2.528 Southold Town Board ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3360 Application ~ated April 17, 1985 (Public Hearing June 27, 1985) TO: Mrs. Margaret Wagner 20 Slabey Avenug. Ma]verse, NY ]1565 At a Meeting of the Zoning Board of Appeals held on 'July ]8~ ]985, the a~ve 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 ~rticle , Section EX] Request for ~ariance to the Zoning Ordinance ;%rticle III , Section 100-31, Bulk Schedule, and Article XI , Section ]00~]]9.2(C) [ ] Request for -~. Application of MARGARET WAGNER 20 Slabey Avenue, Malverne, NY 11565, for a Yariance to %he ~onin9 Ordinance, Artfcle II~, Section 108-31 and Article XI, Section lO0-119.2(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 addition wrapped around the westerly end of the existin9 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 bqlkhead 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 directions to the premises in question, which is identified on the Suffolk County Tax Maps as District lO00, Section 87, Block 6, Lot 4, containing an area of lO,500x sq. ft. 3. For 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 Ill, Sect'ion lO0-31, Bulk Schedule of the Zoning DATED: June 24, 1985. Form ZB4 (rev. 12/81) CHAIPJ~, SOUTHOLD TOgFN ZONING BOARD OF APPE~LS Page 2 - Appeal No. 3360 Matter of MARGARET WAGNER Decision Rendered July 18, Code, requires total sidey 15 feet op the other side, established, and Section 1 feet from the landward edg mark of such tidal water b 5. In viewing the st two lots west of the appli improved with a single-lam feet from its front proper distance from this applica a parallel line at or near in question, and was condi permission to reduce the e one-half feet for a one-ca of the rear deck of the Hi per Building Permit No. 6. The percentage herein is as follows: (b) the frontyard 13 feet variance; (c) a reducti( setback of the dwelling 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 popul( on available governmental substandard size of this ~ difficulty cannot be obvi~ applicant to pursue other the manner in which the di of all the above factors, served by allowing the var Accordi'ngly, on motic Mr. Douglass, it was RESOLVED, that the ap permission to construct wr a frontyard setback of not property line, 14' from th 38' from the existing rear IS APPROVED, SUBJECT TO Th 1985 )rds of 25 feet, a minimum:of l0 feet and frontyard setback of 35 feet or the )O-119.2(B) requires a minimum of 75 ~ of tidal wetland or ordinary highwater )dy, whichever is greater, l ructures in the immediate ~rea, a parcel cant (1000--87-06-002 of H~rford} is )ly dwelling set back approximately 19½ ty line, which is 23~ f~et~less of a qt's front property line w~en drawn on the center of the privatelright-of-way ~tonally graeted under Appeal No. 3369 )steK)y sideyard setback t6 seven-and ~ garage addition. The exlsting setback rford dwelling is shown toibe 35 feet as ~53Z, C.O. #9633 of AugustilS, 1979. ' i relief requested by the a~plicant i) 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, i ppltcation, the board agrees that the osed: {1) will not subsEantially e district; (2) will not:be adverse (3} will not cause a substantial tton density which may be produced facilities; (4) in view 6f the arcel and substandard setbacks, the ted by some method feasibl6 for the than a variance; (5) in giew of fficulty arose and in consideration the interests of justice w)ll be ance, as noted below· by Mr. Sawicki, seconded!by lication of.MARGARET WAGNER for apS~rou~'d. 6pen deck additi~ with closer than 23~ to the front ~ west side property line,iand wooden bulkhead BE AND HEREBY FOLLOWING CONDITi-QNS: ~ That the deck remain opened (not to be enclosed for additional livin~ area); · There b? no lighting which may be obtruslvelto other properties; 3. That the right-oq-way as approved under Appeal No. 1223 January 2, 1969 as required by New York Town Law, Section 280-a, be improved as follows:i , (al from Main Bayview Road to the first~90~ turn be regraded (potholes filled}; (b) )rush be cut back to a minimum 16 feet the side in width and be emergencj (c) the entr( of-way n( not to c; right-of- Vote of the Board: Douglass and Sawicki. Thi lk vhere necessary through th~ 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. yes; Messrs. Goehringer Doyen, Grigonis, s resolution ~ unanimously adopted. ~/GERARD P. GOEHRINGER,~CHAIRI~)I~ ~ July 24, 1985 AppealNo. 1223 Dated November 22, 1968 ACTION OF THE zeN]lNG B~A}ID OF APPEALS OF THE TOWN OF SOL"FNoLD To GiraUd W. & Georgette Campbell 128 Hempstead Avenue ~fitDl~rook, New York 969 ¢ ) .................... o! the Zoning Ordinance. ad the decision of the Butldh'tg Inspector ( ) be reversed ( ) be ~on~i~edb~ause 7~30 P.M. (E.$~T.), upon application Of 6iraud W. & ~eorget~.e Campbell, · 128 Hempstead Avenue, Lynbrook, New York, for approval of access to private road /n accordance with the State of New York Town Law, Section 280A. Location of property: private r~ad off south s~da 'Balr~le~ Road, $outhold, ~ew York, bounded north by private road, east by ~Alr~m Enterprises, south by Peconic Bay, ~west by S. z~ardino. SEE REVERSE ZONING BOARD OF APPEAL~ Bett~N~vtlle, Secretary After investigation and inspection the Board f/nds that the a~pllcant reqn@sts approval of access to one indivi~ual lot ~ aC=~ce wi~ ~e State of New York T~n La%~, Section 280A. tQ~ ~ held in single and separate ~nership. ~e B~d 'fin~ ~s xoa~ m~t be i~roved if appr~a! of access is ~o be gxanted. ~e holes and ruts, fr~ ~ln ~a~lew Road to ~e ~nd, must ~ filled, and ~hen several in=hes of b~nk-run must be sm~ed ~e en~e r~ad. ~e d~nmions of the lot ~e 140 feet .~n the private ~ad ~ 125 feet in depth to ~econic Bay, ~ng of suffi- =~ent ~ea an4 u~p~able o= greater ~an ~e area ~f neighing ~els wh~h ~e separately ~ned. ~e right-of~ay On which lot Is l~ate~ has ~en in exi~tenue for at least ten years. ~e four o~ pro~rties wl~ ~ellings located ~ereon using ~t. ~e r~ght-~-~ay ~s S0 feet wl~, =~lying wl~ T~n ~velo~nt r~u~emen~s. The Boaxd f/n~m that strict application of the Ordinance ~odu~ ~ti=al ~fficulties or %mnecessary h~dship; ~e h~l~ crem~d ~s unique and wo~d not be sh~ed by all ~o~ert~s ~e ~ ~e ~diate vicinity of ~ls pretty and in ~e s~e ~d~ance and '~111 not ~ange ~e character of ~e district. TheNefore, it was RESOnVED .that Giraud W. ~ ~eorgette ~ampbe11, 128 Hempstea~ Avenue, ~yr~orook, New York, be G~ANT~D apprOVal of ~eess ~o private r~d in a~0rdance wl~ ~e State of N~w Yo~ T~n L~, seut~ 25~ ~i~ ap~al Is granted ~ ~e ~d~ ~at ~e ~ m~e ~e X~red re~rs and i~nts. Such re~rs ~d ~ov~n~ W~i ~ s~ject to ~e a~roval of ~e Build~ng InSect=. TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZQNING E~O~RD_OF A~PF~a, LS TQWN OF SOUTHOLD, N Y. APPEAL NO. /2,'~' / Nome of Appellant Street and Number .................. ~u~..n..b.j~.o,.o..~ ......................................................... ~ff~...~..9.~.~f......NEREBY APPEAL TO Municipality State THE ZONING BOARD OE APPEALS FROM THE DECISION Or THE BUlLg G I 'SPECTOR ON FOR .................................... DATED I~?//'~£)/~.~.~'." APPLICATION PERMIT NO .................... ./..... .................... WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ( .... ¥o~ r...a{~p~ lan.t s ........................................ Name of Applicant for permit of .~.2..8.. ~.em~stead Avenue~L~nbrook New York Street and Number Municipality State PERMIT TO USE on approval of access. PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPER/Y ...~vate road, "A" residential Street Use District on Zoning Mop Bayview, Southold, New York Map No. Lot No. 2 PROVISION (S) OF THE ZONING ORDINANCE ARPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) S ectio~ ~80A 3 TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to Jack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL (X) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) is requested for the reason that premises front on a private road in unfiled subdivision. Porn ZB] (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sa~ HARDSHIP becau~ the land would become valueless and unusable. 2. The ha~ship createdls UNIQUE and[snotshared by oil properties alike in the immediate vicinity ofthis prope~y and in this use district because appellants retained this one parcel of land as shown on the survey hereto at the time that they disposed of the balance of the property which has been known as Takaposha Shores. This parcel is therefore in single and separate ownership, not a part of an unfiled subdivision map. 3 The Variance would obsewe the spirit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becau~ the dimensions are 140 feet on the private road and 125 feet in depth to Peconic Bay, being of sufficient area and comparable or gre~ter than the area of neighboring parcels which are separately owned. The right of way on which this lot is located has been in existence for at least ten years. There are four other neighboring properties with dwellings located thereon using it.~ The right of way is fifty feet wide, complying with Town development requirements. Sworn to this ........... ~.~.~,~ ......................... day of.~9.~' ............................... 1968 ?~z~,- ~?~-¢ ~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET c:>~ ~_~t~) VILLAGE DIST: SUB. ~.ORMER OWNER R . ~'~,61 VL.-- ~ FARM COMM. CB. MISC. Mkt. Value L~ND / IMP. ~ TOTAL DATE REMARKS N~ NO~L BELOW ABOVE ~/,/~ __ FA~ Acre Value Per Value Acre ~/~)~- ~ ~1 ~ ~ - Tillable Tillable Tillable 3 ~ Woodland -- Swampland FRONTAGE ON WATER / Brushland FRONTAGE ON ROAD House Plot DEPTH ~ ~ ~ BULKH~D Total D~K M. Bldg, Extension Extension ' Exfension Breezeway Garage Patio Total COLOR TRINA Foundation Basement - Ext. Wolls Fire Place Type Roof Bath Floors j Interior Finish Heat Rooms 1st Floor Recreation Room Rooms 2nd Floo~ Dormer Driveway ~inette FIN. B. ! 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 June 19, 2009 Zoning Appeal No. 6313 Transmitted herewith is Zoning Appeals No. 6313 of John and Daniella Venetis~ the Application to the Southold Town Zoning Board of Appeals, Also enclosed is the Questionnaire, Applicant's Project Description, LWRP Consistency Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, Short Environmental Assessment Form, Notice of Disapproval Dated January 23, 2009 and Revised February 4, 2009 and Updated May 12, 2009 and Revised June 2, 2009, Certificate of Occupancy Dated August 31 1981, Certificate of Occupancy Dated April4, 1985, Pre- Existing Certificate of Occupancy Dated August 13, 1997, Property Record Card, Authorization letter Naming Patricia Moore representing them in this matter, Letter from Patricia Moore to Vicky at the Southold Town Building Dept RE: Variance Application Dated May 27, 2009, Letter from Patricia Moore to Mr, Goehringer ZBA Variance Application Dated June 3, 2009, Application for Building Permit dated January 21, 2009, Letter from Southold Town Board of Appeals Dated June 24, 1985 (2 Pages), Letter from Action of the Zoning Board of Appeals No. 1223 Dated November 22, 1968,(2 pages), Letter of Appeal from Decision of Building Inspector Dated November 22, 1968 (2 Pages), Photos (5 pages), Surveyed Map of Land Dated December 3, 1963, Drawing of Preliminary Venetis Residence Dated December 26, Surveyed Described Property December 15, 2008, Blue Prints Dated 12/26/08 (2 pages). OTown Of Southold P.O Box 1179 Southold, NY 11971 Date: 06/17109 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees Receipt'8: 51944 Reference Subtotal 6313 $600.00 Check#: 1925 Total Paid: $600.00 Name: Moore, Patricia 51020 Main Rd Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6313 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 6/17/09 ZBA # 6313 NAME VENETIS, John & Daniella CHECK# 1,925 AMOUNT $600.00 1925 I $ ~O~- Dollars TC DATE STAMP RECEIVED JUN 1 7 20O9 ~uThoJd row~ Cleri Title No.: 10216 STATE OF NEW YORK cOUNTY OF SUFFOLK BOUNDARY AFFIDAVIT :SS,: John and Da:~iella Venetis, being duly sworn, depose and say: That l/we are the owners of the premises known as 2600 1 akaposa Road, ,n the l o of Southold, County of Suffolk, and State of New York, District 1000, Section 87, Block 6, Lot 4, and are the sole owners of said property (hereinafter "my/our propetXy"). That the west, south aad east boundary lines of my/our property adjoin part of the east, north and west boundary lines of Ibc premises currently owned by The Nature Conservancy, Inc., known as District 1000, Section 87, Block 6, Lot 12.1 (the "TNC Premises"), creating "common boundary lines" between the two parcels. ~ That I/we have reviewed the deed dated September 24, 2002 from Spyridon and Letta Kouzious to Jobm m~d Daniella Venetis, recorded in the Of lice of the Suffolk County Clerk at Libor D00012215 Page 366, a copy of which is attached hereto; 4. That I/we agree that the "common boundary lines" as described in said deed are accurate and true; 5. That a lawn extends beyond the "common boundary lines" from the westerly and easterly lines &our property onto the TNC Premises an undisclosed distance. That Uwe make no claim for ownership now or in the future by adverse possession or otherwise to those portions of the land extending beyond the common boundary lines situate withia the TNC Premises. That l/we understand that .The Nature Conservancy, Inc. owns and has exclusive dominion and control over all of the TNC Premises conveyed to it by deed dated May 16, 2008, from Rosemarie Kelly and James V. Fallon, Jr., as Trustees of the Julius G. Blocker Revocable Trust to The Nature Conservancy, Inc. to be recorded in the Office of the Suffolk County Clerk. 'fhat J/we make this affidavit Jn order to induce Stewart Title Insurance Company to issue its policy of title i~surance covering the above mentioned TNC Premises knowing that they will rely on the statements made herein and will inclen'miry and hold hun<less Stewart 'litle Insurance Company for any loss, cost or damage including attorneys' fees which may incur as aresult of doing/~p ~ . / Sworn to l~foee me this ~ Name e~a~e day of .,.j~ , 2?)8 .~ VASIU08 C. ~ANI~ . ~00~ IffIYNI~ ~ ~Ih'"~ ~S i~i SIL XV~ 0C:SI Tl0~/I0/~0 ds East 214.90 feet ds East 52,0g feet: From-VEIB ~ 17167062447 0 T-160 THENCE Nolth 46 degm$$ 08 minu~es 50 seconds East 975,T0 feet; to the point ~ place of Beginning. Contairted wRhln said bounds 1.961,27611 S.E or 45.03 ACRES. P. 003/005 F-662 WETLAND AREA ~ S lb'7.42' ~ * ~. ,~Kouz~ ,87o20'20'E 1 OD.00' / / / ~// / / / / / ! ! / t'O0~] I(I'IYNI~T ~ SI~N ~gt9 ;;" ST" ][V~ OC:~T TTO~/TO/TO ~pr-29-2OD6 02:281m From-¥EMA I?T67062447 T-195 ?,0OZ/00$ F-652 April 24, 2008 Mr. & IV, rs..lohn & Daniella Veaetis 15432 17th Rd. Whitestone, NY 11357 RE: Property of~ulius Block~ TRUST to The N turc Co arvanc Dear Ms. & Mrs. Vcnetis, I am employed by The Natt~ Conservancy, which is in contract to purchase approximately 45 acres of vacant land ownted by the Julius Blocker Trust, which is in part adjacent to you~ lot on 2600 'rakaposha Road, further ideatified as SCTM 1000-$7-6-4. This property will be sold to the Cotmty, of Suffolk and thc Town of Southold. The Town and County will own ~ manage the site for open space, conservation and passive recreational purposes. We have ordered a title survey from Land Design Associates, P.C. Consuming G~oup of Huntington, NY (hereafter "Land Design"). The title survey indicates that the lawn on your property encroaches onto thc property of the lulius Blocker Trust. We require that you wawe any claim to the properl'y on which you are encroaching and that you discontinue your use of thc Blocker property[ Attached please find a photocopy ora portion the Land Design survey dated January 22, 2008 showing your lot and the encroachment. I also attach au affidavit for your signature acknowledging the encroachment and a stumped, self addressed, return envelope. We ask that you sign this affidavit, retain a copy for your records, and retura the original to me by May 1, 2008 so that thc closing on uhis important conservation acquisition can proceed. IX you or your advisors have any questions or concerns, please do not hesitate to contact me at 631-329-7689 x 2S, or Kathleen Hennessy at Sre~ar! Title Company (reference Title ii 10216). at 631-964-8300. Thank you. Sinc~ely, Cons~~ ~d Policy Advisor Bnc~ Cc: Kathleen H~messey, Stewart Title Company Jonathan Kaledin, Esq. COO~ I(I'IVNI~1 ~ SINV~ l~['S £~L 6Tl i'V& O£:ST TTOZ/TO/[,O Apr-Zg-ZOOS g2:Zgpm From-vEMA Title No.: 10216 17187052447 BOUNDARY AI~"IDAVIT T-lO6 P.O04/O0~ F-652 STATE OF NEW YOR_K : :SS.: COUNTY OF SUFFOLK: Jolm and Daniclla Venetis, being duly sworn, deposes and says: That lJwe are the owners ofth~ premises known as 2600 Taka.pose Road, in the Town of Southold, County of Suffolk, and State of New York, District lO00, Section 87, Block 6, Lot 4, and are the sole owners of said property (hereinafter "my/our property"). That the west, south and east boundary line o£my/our property ~djoins the east, north and west boundary line of the premises commonly known as The Jutius G. Blocker R.~vocable Trust, District 1000, Section 87, Block 6, Lot 12.1 (the "Premises"). That Uw¢ have reviewed ~he annexed sm'vey prepared by Land 1)c~ign Associates, P.C. o£Hunting~on, New York, land surveyor, dated January 22, 2008, wherein it appears that a lawn runs along or nearby th~ "COramon boundary linc," but is inside the Premises from the "common boundary line." That I/we hereby ccrtify that I/we agree that the "common botmdary line" as depicted in said survey is accurate and rolO; and thai IJwc make no claim for owncrship now or in the furore by adverse possession or otherwise to that portion of the land situate within the Premises. 5. That I/we unintcmionally improved and maintained this encroachment on the Premises. That I/we understand that Thc Julius O. Blocker Revocable Trust owns and has exclusive dominioa and control over all of tho Premises shown to be owned by it on the attached survcy. That I/we make this a~iavit in order to induce Stewart Tide In,-urance Company to issue its policy of ~itlc insurancc coving tl~e above mcntioncd Premises knowing that they will rely on thc statements made hcr~in and will ind~nnlfy and hold ha~nlcss Stewa~'t Title Insttrance Company for any loss, cost or damage including, attorneys' fees which may incur as a result of doing so. Name Date Name Dae Sworn to before me this day of ,2007 Nouu'y Public ~00~] Ifl"lVNI~ ~ gINVN ggl,~ iL/, 8Tl XV~l 0C:gT TT0g/T0/l, 0 NANiS & RINALDI, LLP Attorneys At Law 30-97 Steinway Street, Suite 203 Astoria, New York 11103 Tel.: (718) 777-8887 Fax.= (718) 777-8452 ' 63t3 FACSIMILE TRANSMISSION Attn.: Patricia Moore Fax No.: 1-631-765-4643 To: Venetis Boundary Affidavit Re: and related documents Date: ADril 1, 2011 #PgS: 6 (Incld. Cover) CONFIDENTIALITY NOTICE: TI'tis message is h~tend~d on}y tbr thc usc of" the individual or entity to which it is addressed, and may conmln hffomlafiot~ that is privileged, con fidur~fial and cxcmpl I¥om disclosure under applicable law. Iftlm r~a(ler of th~s ~lleS~lg~ iS not thc i~teaded recipient, o,' thc cmploy~ or agent responsible tbr delivering the message to th~ inlcndcd rueip[enl, you are h~'eby notified thru any dissemination, dislribulion, u~ ~opyin~ of'this CO~l~munic~tion is strictly prohibited. Il'you have received lhls ~ommanicmlun in urrur, please .off ly us immcdlaluly by telephone so wu can arrange for relm'a of'this documen~ m an ;o~t to you, Thm~k you. MESSA(:E: Dear Ms. Moore: Sorry for the delay but we were able to retrieve the above referenced documents out of storage. Please let us know if we can be of any further assistance. Thank yot,. CONTACT THE SENDER IMMEDIATELY IF 'T'hlERE ARE ANY PROBLEMS WITH REGARD, TO THE TRANSMISSION OF THIS COMMUNICATION IO0~l IC'IYNDI ~ SINVN ~S~'~ ""; ~T/, ]~V~I Og:~lI IIOg/IO/tO TOWN ATTORNEY mar tin~ finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer,andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori,hul~e@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD October 4, 2010 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 Mr. & Mrs. John Venetis 154-32 17t" 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. ~n 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 · 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 resolmion, 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,/~ Vicki Toth Board Assistant mnc. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard E 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 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, 201t: 11:15AM - JOHN and DANIELLA VENETIS #6313 - (Re-opened by Resolution 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 dwelling at; 1) less than the code required minimum 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) 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. So uthold.ny.us. Dated: January 10, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1t79 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net January 7, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday,February 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, prov d n,q 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 applicant/agents 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. 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. # 6313 & 6396 REOPENED BY RESOLUTION TO CLARIFY RECORDS I OOO-87-6-4 VARIANCE: BLKHD SB/LOT COV/FR. YD. SB REQUEST: 2ND FLOOR ADD. & RENO. DATE: THURS, FEB. 3, 2011 I1: If you are in.terested in this. project, you may review the file(s) prior to the hearing dunng normal bus~ness 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. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 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~ty' t Vicki Toth Board Assistant Cc: file, Town Attorney 10101 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 20fh day of January, 2011. ' ' ~ ~.~//)~.~,~-..7~.~ Clerk Sworn to before me this LEGAL NOTICE 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 (Zonthg),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southdid, New York 11971-0959, on THURSDAY FEB- RUARY 3. 2011: 9-.30 A.M.- MARY ANN PRICE g6447 - Request for Special Exception under Chapter 280-4513(8). Owner re- quests authorization to operate a flea market at: 730 Love Lane Mathtock, NY. and DONNA M. GOGGINS #6444 - Applicant requests a Special Exeepilon under Article lII, Section 2g0-13B(I.3). 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 A.M.- IRENE RUTKOWSKI ESTATE #6445 - This is a request for a Waiver under Code Article If, Section 280-10A, to unmerge land identified as SCTM #1000-115-2-13, based on thc 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 day of bulk schedule (minimum 40.0t)0 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 Mat0tuck, NY. SCTM#1000-115-2-13 and 12. 10:30 A.I~L. JEFF ANDRADE g6435 - (adj. from l/6/11PH)Request for Vari- ance from Code Section 28043 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 1) proposed building is not accessory to existing structure, 2) accessory structure exceeding the maxirattua 750 sq. ft. al- lowed per cede; at: 43850 Main Rd. (SR 25), Peconic, NY. SCTMg1000-75-6-4. 10.50 A.M.- NANCY D. ARNZEN II/REVOCABLE TRUST ~6~M6 - Ap- plicaut requ~ts a Special Exception under Article III, Section 280-13B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure at: 145 Wavecrest Lane, Mattituck, NY. SCTMgI000-100-1-12. 11:15 A.M.- JOHN alld DANIELLA VENETIS 06313 - (Re-opened by Res- olution to clari~ the record) Requests for vaflances 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 dwelling at; 1) less than the code required minimum 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) Southold; CTM 1000-87-~-4. 11:15 A.M.- JOHN and DANIELLA VENETl$ ~6396- (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 appticatinn 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 No, 01-vo6105050 Qualified in Suffolk County 25 feet for both (conthined) minimum side yard setbacks. 5) exceeds the code age (building area). Location of Prop~, ty: 2600 Takaposha Road, (adj. to Corey Harbor) Southold; CTM 1000-87-6-4. ~ - (Re-opened from tot's March 10, 2010, Notice of Disap- Adiourned from Fublic Hearing .lan- office at (631) 765-1809, or by emaiI: PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailingFOSPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the A lication pp of (Name of Applicants) AFFIDAVIT OF 8ION POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) s-~,~h[(2~ _, New York, being duly sworn, depose and say that: - On the~ day of '~O-Y.._ C~[ , I personally placed the Tov, m's official Poster, with the date of heafing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or fight-of-way (driveway entrance) - facing the street or facing each street or fight-of-way entrance;* and that [ hereby confirm that the Poster has remained in '-1o-~ c ........ ~ , / the subject heating date, which hearing date was shovm ~'~e'~ '~~ prior to t~[at date of Sworn to before me ttds day of..5_/~ , 20// (Notary Public) (Signature) CONNIE D. BUNCH Notary Public, State of New York No. 01BU6185050 Qualified in Suffofk County ~,, CorrlmJs~lon Expires April 14, *near the entrance or driveway entrance ofmy_prnpe07, as lhe4trea most :'isibte~o~assersby, BOARD OF APPEAI~ SOUI'HOLD TOWN HALL 53095 MAIN ROAD P.O. BOX 11"/9 SOUTHOLD, NEW YORK 11971-0959 7009 0820 0001 7819 6518 Hasler 01/10/2011 i,: ~'~' LH~. ?,M-~, $05.54o Certified Fee Return Receipt Fee (Endorsement Requked) Restdcted DeJivery Fee (Endomeme~lt Required) rtJ E~ Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) rtl ~/ Total Postage & Fees °/_~_r.?~.~o.......~.0.....~,...~ ./...../..~. .................................. I ~ Cedified Fee r-"l Return Receipt Fee /'--1 (Endorsement Required) D Restdcted (Endorsement Total Postage & Fee! Postage Certified F Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees · 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 return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Add~ssed to: if YES, enter delivery address below: [] Agent [] Addressee Yes [] No Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Me~handise [] Insured Mall 2. Article Number (Transfer from service/at . Ps Form 3811, February 2004 7009 0820 0001 Domestic Return Receipt · Complete Items 1, 2, and 3..Nso complete Item 4 If Re.toted Dellvan/is desired. · Pdnt your name and address on the reverse so thet we can tatum the card to you. · Attach this card to the back of the ma,piece, or on the front If space permits, 1. Article Addressed to: 2. A~tlcle Number ff~a,,~,~tabe 7009 0820 0001 7819 PS Form 3811, February 2004 Domestic Retum Receipt · ,2, and 3. Also complete A. Signature item ~t~ Restricted Deliver/is desired. X . · Print yoar name'and eddmes on the reverse so that we can return Jhe card to you. · Attach this card to the I~Ck of the mailpiace, ~ or on the front if space.its. B. Received by ( Printed Name) C. Date of Delivery D. Isdellv~./addmssdhffersntffomiternl? [] Yes if YES, enter delivery address below: [] No 7009 0820 000,1 7819 6488 PS Form 3811, February 2004 Domestic Return Receipt t02595-02-M-I~40 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 !~c~ day of '~A~3 ~ t4 , 20 \ \, I personally mailed at the United States Post Office in %~h~ f , 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. ffSignature) Swo/,ff~ before me this [.Ox-o` ~ay,0'f ~ ,~ ,20 ~t. ~// (N0tarY P7 ROBERT I. SCO'i I', o~, Notary Public, State of Now 't'o,, Qualified in Suffolk County No. 01 SC4725089 Term Expires May 31, PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro @town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD December 17, 2010 VIA FACSIMILE and FIRST CLASS MAIL 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) 7fi~6639 ~ECEIVED DEC 1 ? 2010 BOARD OF APPEALS Hon. Peter H. Mayer Supreme Court, Suffolk County 1 Court Street Riverhead, NY 11901 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) Current Return Date: December 21, 2010 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 Apdl 5, 2011. 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 February 3, 2011 calendar. Therefore, an adjournment until Apdl 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 Apdl, we respectfully request an alternative adjournment in the Court's discretion. JA/Ik Enclosure cc: William D. Moore, Esq., Attorney for Petitioners Ms. Leslie Weisman, ZBA Chair, Town of Southold RECEIVED SUPREME COURT OF THE STATE OF iXIEW YORK COUNTY OF SUFFOLK In the Matter ofth~ Applieatioa of JOHN VENETIS and DANI~LLA VENETIS, BOARD OF APPEALS Petitioners, For a Judgment Pursuant to Article 78 of the Civil Pmoti~ Law and Rules STIPULATION OF AD$O~I~ Index No. 10-1102 ZONING BOARD OF APPEALS OF Tile TOWN OF SOUTHOLD, Respondent, X The undersigm~l attorneys for the parties h~in hereby stipulate to adjourn the ~urn dine curronfly scheduled w~th the Court (lion. Peter H. Mayer) on December 21, 2010, until April 5, 2011, on consent. The undersigned agree that a telcfacsimile copy of lay ~gn~a~ to this SQpulalion shall be binding upon the parties and shall be deemed an original for all purposes. Dated: Southold, New York December 16, 2010 TOWN OF SOUTHOLD ZON1NO BOARD OF APPF. A~S J f~r on), Assismut Town Atty. Town of $outhold, Office of Town Atty. P.O. Box 1179, 54375 Main Road Southold, NY 11971-0959 (631) 765-1939 By: (,/~~ Will~m 131. Moore, Esq, Attorney for P~on~s 51020 Mni~ R~ SOu~ol~ ~ 11971 (631) 76J~663 ~ O~r~ MAHTIN D. FINNEGAN ~ ~,]~' TOWN ATTORNEY ~R ~ORO ~SIST~T TO~ ATTORNEY jennifer .~d~oro~gown.sou~hold.ny.us LO~ M. H~SE ~SIST~T TO~ ATTORNEY lori.hulse~to~.southold.ny.us SCOTT A. RUSSELL Supervisor Town HallAnnex, 54375Route 25 P.O. Box 1179 Southold, NewYork 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 DEC 8 2010 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, ~396. 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. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 RECEIVED NOV 3 0 2009 ~OAaD OF A~AI..S November 23, 2009 Attn: Gerard Goehringer, Chairman 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 Mr. Goehringer: With reference to the above and pursuant to the Board's request, please be advised that we hereby grant an extension of time to render a decision up to and including December 16, 2009. Thank you. PCM/bp Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 June 17, 2009 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 1197! Re: ZBA File Ref. No. #6313 (VENETIS) Dear Mr. Terry: dUN 1 8 2009 We have received an application for demolition and new dwelling in Southold. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written~ evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Gerard P. Goehringer Chairman Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork, net. BOARD OF APPEALS · TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 June 17, 2009 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the follOwing application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6313 Action Requested: Within 500 feet of: Owner/Applicant: VENETIS Additions/Alterations ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District If any other informgtion is needed, please do not hesitate to call us. Thank you. Very truly yours, Gerard P. Goehringer ZBA Chairman /! Encls. 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: htt~://southtown.nor tlffork, net September 1, 2009. Re: Town Code Ch~pter 55 - Public Notices for Thursday, October 1, 2009 Hearing Dear Sir or Madam: Please find enclose'd a copy of the Legal Notice describing your recent application. The Notice will be published in ihe next issue of the Times Review newspaper. 1) Before September 14th Please send the (~nclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction~area or other request, by CERTIFIED· MAIL, RETURN RECEIPT REQUESTED, to al_~l owners of property (tax map with· property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors, Qffice located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that addr~ss as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of yo~t ability, and to confirm how arrangements were made in either a written statement, or durinq the hearin~h provid nQ the returned letter to us as soon as possible; AND'not later tha~ September 16t":. Please either mail or deliver to our office our Affidavit of Ma~ltn.q (form encl~,sed) with parcel numbers, names and addresses noted, and furnis~ to our office with th~ green/white receipts postmarked by the Post Office. When the gi~een Signature Cards ar~ returned to you later by the Post Office, please mail or deliver them to us before the schedu~d hearing. If any signature card is not returned, please advise the ~.i~ring the hear ng '~nd provide the card (when available). These Will be t~pt in the perman~ record as proof of all Notices. ', 2) Not Li~ter September 22fa: Please make arrangements to place the e~'closed Poster on a signboard such as~cardboard, plywood or other material, posting it'at you~; property for seven (7) days (or more~until the hearing is held. Securely place the sign on your property facing the. street, no mor~than 10 feet from the fro. nt prope.,r.t,y line bordering the street. If you border more than one stre~et or roadway, an extra s~gn is available for the additional front yard. Please deliver or mail your~ffidavit, of Posting for receipt by our office before September 29, 2009. If you are not able'~ meet the deadlines stated in this letter, please contact us prompt y. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 1, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, OCTOBER 1~ 2009: 10:20 A.M. JOHN and DANIELLA VENETIS #6313. Location of Property: 2600 Private Road #15, a/k/a Takaposha Road, Southold; CTM 1000-87-6-4. 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-family dwelling, which new construction will be: 1) less than the code-requirsd 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), 6) access to the property is not in accordance with New York Town Law, Section 280-a, and Town Code Section 280.109.A. 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, please do not hesitate to contact our office at (631) 765-1809 or by email at Linda. Kowalski~,'rown.Southold.ny.us. Dated: September 10, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 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 MattRuck, In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ! week(s), successively, commencing on the 17t" day of September. 2009. .?/. / o o Sworn to before me this Principal Clerk day of ~¢ 2009. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME VENETIS, J. & D. #6313 MAP # 87-6-4 VARIANCES SETBACKS & LOT COVERAGE REQUEST NEW DWELLING CONSTRUCTION DATE: THURS. OCT. 1, 2009-10:20 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 September 16, 2009 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: VENETIS ~ ~3 SCT~: 1000-87-6-~ HEARING DATE: THURSDAY, OCTOBER 1, 2009 Dear Chairman: With reference to the above, enclosed please find affidavit of mailing, copy of letter to neighbor and postal receipts. Thank you. Ve~.yours, bp encls. 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) t~ECE,~VED SEp ] ? 2009 80A~D OF AppEALS AFFIDAVIT OF MAILINGS I, BETSY PERKINS , residing at Mattituck, New York, being duly sworn, depose and say that: On the day of September, 2009, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this day of September, 2009. f (Notary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4952528 Qualified in Suffolk County Commission Expires June 3, PLEASE list, on the back of this Affidavit or on a sh~of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. Harford Living Trust 8 Beachway Port Washington NY 11050 sctm: 1000-87-6-2 VENETIS NEIGHBOR LIST SCTM: 1000-87-6-4 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 7192 6~!63 3110 0000 4810 FROM: PATRICtA C MOORE ESQ P~ ~l~ngton NY FEES: TOTAL $ 5.~ POSTMARK OR DATE RECEIPT 71926463311000004827 SENEY~'I~: Suf~ c~.~y FEES: Return R~ipt 230 TOTAL $ 5.54 POS~RK OR DATE RECEIPT FROM: ~E~ MA 02114~ FEES: ·'?'5)~ ~ '/' TOTAL $ 5.54 POSTMARK OR DATE RECEIPT 7192 6463 3110 0C~0 4858 FROM: PATRIC~ C MOORE ESQ. RE: venet~s tmst~es hea,~ng ~ ;. TOTAL $ 5.~ POS~RK OR DATE PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 · [::3 Agent) 4. Restricted Delivery? 3, Service Typ~" (Extra Fee) [] Yes I CERTIFIE~] 2' Art:':9~m:~63 3110 0r]00 4858 7192 6463 3110 0000 4858 C. Date of Delivery PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 ~ or DAgent) Received By: (Please Print Clearly) C. Date of Delivery To: TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY 11971 PATRICIA C- MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 Signature: y: Print Clearly) 3110 00n0 4865 7192 6463 3110 0000 4865 1. Article Addressed To: JONATHAN ZANG 41 PHILIP STREET, APT. 2 BOSTON MA 02114 Date of Delivery 7192 6463 3110 0000 4889 ~ .... ,~,,~. 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 1000-78-3-28 & 29 SIGN AFFIDAVIT OF POSTi~ING 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 th~'a~ of September 2009, I personally placed the Town's official Poster, with tfie 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, October 1, 2009. Patnc~a C. Moore ~,~rn to before me this day of September, 2009 *near the entrance or driveway entrance of the property, as the area most visible to passersby. PATRICIA C. MOORE Attorney at Law $1020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (63 I) 765-4643 September 14, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: JOHN & DANIELLA VENETIS PROPERTY LOCATION:2600 Takaposha Road, SCTM:1000-87-6-4 Southold Dear Neighbor: I represent the above with regard to their property at 2600 Takaposha Road, Southold. They have submitted a request to the Southold Town Zoning Board of Appeals for the attached variances for demolition of existing structure and reconstruct a new single family dwelling. A copy of the legal notice is enclosed together with a copy of the survey. The hearing on this matter has been scheduled fo THURSDAY, OCTOBER 1, 2009 at 10:20 a.m. at Southold Town Hall, 53095 Main Road, Southold, New York. If you have any questions, or you wish to support this application, please do not hesitate to contact me. ~V~ruly yours, C: Mr. & Mrs. John Venetis Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTIIOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailin~ Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 ~EC£~vED S£P 1 7 2009 BOARD OF APPEALS LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER t, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1 t79, Southold, New York 11971-0959, on THURSDAY, OCTOBER 1, 2009: 10:20 A.M. JOHN and DANIELLA VENETIS #6313. Location of Property: 2600 Private Road #15, a/k/a Takaposha Road, Southold; CTM 1000-87-6-4. 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-family dwelling, which new construction will be: t) 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), 6) access to the property is not in accordance with New York Town Law, Section 280-a, and Town Code Section 280-109-A. 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, please do not hesitate to contact our office at (631) 765-1809 or by email at Linda. Kowalski~.Town. Southold.n¥.us. Dated: September 10, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 )R DESCRIBED PROPERTY SOUTHOLD, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. NOT TO SCALE: SHOWN FOR CLARITY OF ROOF OV[R ~NTRY SURVEYED FOR: JOHN VKN~'TIS Page 1 of 1 Toth, Vicki ~/~ ~ 3{_~ From: Patricia C. Moore [pcmoorel @optonline.net] Sent: Tuesday, March 22, 2011 11:06 AM To: Toth, Vicki Subject: Re: Venetis #6313 Thank you Vicki- I will advise the client and his Real Estate attorney who participated in the Land Preservation acquisition immediately Pat On 3/22/2011 10:02 AM, Toth, Vicki wrote: Pat - At the Special Meeting of the Zoning Board of Appeals on Mamh 16th, they discussed possible time limits on holding the record open for additional written documents. In regards to Venetis #6313 the record is still open from February 3rd, and we have not received the documents from you on behalf of your client. At the next regular meeting of the Zoning Board of Appeals scheduled for April 7th, the Venetis #6313 application will be on for a possible resolution to close the record. Please advise your client of this possible action. If you have any questions, please contact me. Vicki Toth Board of Appeals Town of Southold 631-765-1809 ext.5011 Fax - 631-765-9064 email - vicki.toth~town.southold.ny.us 3/22/2011 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. 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/Fkst 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 April 12, 2011 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Venetis, Appl. #6313 Dear Ms. Moore: Transmitted for your records is a copy of the Board's April 7, 2011 AMENDED Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. If you have any questions, please call the office. Vicki Toth Encl. Cc: Building Dept. ANGEL B. CHORNO ARCHITECT 51020 MAIN ROAD SOUTHOLD NY. 11971 (631) 765- 6530 FAX (631) 765- 4643 'February 34, 2009 J G313 Building Department Town of Southold NY Re: Venetis Residence TM# 1000-087-06-004 Information to be added to Survey dated 15 December, 2008 by Mr Stanley J. Isaksen, Jr. - Land Surveyor. Existing Building area ............................ 2,455 sf New Front Walls .................................... 34 sf New Front Steps ................................... 270 sf Proposed ................... 2,759 sf Existing Lot Coverage .............................. 27.3 % Proposed Lot Coverage ............................ 30.7 % COREY HARBOR N 88 48 55 E 100.04' DECK ROOF' OVER AREA ONE STORY WOOD ~ FRAME RESIDENCE ~EL FIRST FLOOR = 8.94 4o0' +/~ TO JACOR'S LANE S 87'1 $'50"W 100.00' PRIVATE ROAD (50' N/F DAYTON SURVEY OF DESCRIBED PROPERTY SITUATE SOUTHOLD, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYED FOR: JOHN VENETIS DANIELLA VENETIS TM# 1000-087-06-004 ;UARANTEED TO: JOHN VENETIS DAN/ELLA VENETIS 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 N6EW SUFffOLK. N.Y. 11956 ...../~rb L~ No. 4'9~/73 08R77, Property T~x Serv ce Agency .,Tm I000 086 -N- // NOTICE I ~'L~J~ COUNTY OF SUFFOLK (~) }KJo, ~.~'~., ~°"~ ~ R~ ~operfy Tax ~rvlce A~y J ~j ~, ~ S~THOLO ~CTION NO