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