HomeMy WebLinkAboutVenetis, John & Daniella James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
Bob Ghosio, Jr.
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
| BOARD OF TOWN TRUSTEES
~X TOWN OF SOUTHOLD
Please~be"~dvised that your application dated /~,xac.~2(, c~m~' has _
been review"e,d by this Board at the regular meeting'~f
and your apphXct'ation ha's been approved pending the comp(etion~
following items ~ecked off below.
V Revised Pla,ns for proposed project /
_V~ Pre. Construc~'on Hay Bale Line Inspection Fee~~__~ ~'~-~ ~'
' 1st Day of Const~tion ($50.00) ~ '//
¼ Constructed ($5~.00)
V'~Final Inspection Fee"{'l~50.O0)
__. Dock Fees ($3.00 per sq. ft.)
Permit fees are now due. Please ~nake check or money order payable to Town
of Southold. The fee is computed b~low according to the schedule of rates as
set forth in Chapter 275 of the South~ld Town COde.
The following fee must be paid within 90~days or re-application fees will be
necessary. You will receive your permE upon completion of the above.
COMPUTATION OF PERMIT FEES:
TOTAL FEES DUE: $.
BY: James F. King, President
Board of Trustees
James Eckerl, Chairman
Lauren Standish, Secretary
Town Hall, 53095 Main Rd.
P.O. Box 1179
Southold, NY 11971
Telephone (631) 765-1892
Fax (631) 765-6641
Conservation Advisory Council
Town of Southold
At the meeting of the Southold Town Conservation Advisory Council held Wed.,
September 16, 2009, the following recommendation was made:
Moved by Doug Hardy, seconded by Jack McGreevy, it was
RESOLVED to SUPPORT the Wetland Permit application of JOHN & DANIELLA
VENETIS 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
Inspected by: Jack McGreevy, Doug Hardy
Vote of Council: Ayes: All
Motion Carried
James F King, President
Jill M. Dohe~xy, Vice-President
Peggy A. Dickerson
Dave Bergen
Bob Ghosio, Jt
PO. Box 1179
Southold, NY 11971
Telephone(631)765-1892
Fax (631)765-6641
Southold Town Board of Trustees
Field Inspection/Worksession Report
/ 'I
JOHN & DANIELLA VENETIS request a Wetland Permit 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. SCIM#87-6-4
T__~SSa of area to be impacted:
Itwater Wetland Freshwater Wetland Sound Bay
Distance of proposed work to edge of wetland
P~u~art of Town Code proposed work falls under:
hapt.275 Chapt. 111 other
Type of Application: ~/Wetland __Coastal Erosion __Amendment
__Administrative__Emergency Pre-Submission Violation
Info nee~/ed,:
Modifications:
Conditions: ~ ._~
Present Were:~.King __'~J.Doherty __~-dC. Dickerson k-~D. Bergen__U~B.Ghosio,
D. Dzenkowski other
Form filled out in the field by
Mailed/Faxed to:
Date:
¥,/e sr ~,cC,
Board Of $outhold Town Trustees
SOUTHOLD, NEW YORK
DATE: ..;~/~5 [~8 ............
ISSUED TO ..... $~Y.g!DQI~....~..~E.TTA KOUZ!OS ...............................
,ntl nri attnn
Pursuant fo the provisions of Chapter 615 of the Laws of '
· the State of New York, 1893: and Chapter 404 of the I.~ws of the '
State of New York 19~i2: and He Soufhold Town Ordinance en.
~ titled "REGULATING AND THE PLACING OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC LANDS and the
..REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM
LANDS UNDER TOWN WATERS;" and in accordance wlfh the
Resolution of The Board adopted at a meeting held on ...3./Z5/98. .....
~, 19.~)8.., and in consideration of the sum of $..L50.0.0 ....... paid by
'~ ......En=Consultants..Inc for SPYR~DQN .&...LE~A...KO.I~ZIOS£
of ....... ~h~ld N.Y. and subiect fo the
:.'.= Terms and Conditions listed on the reverse side hereof,
: of Southold Town Trustees authorizes and permits the following:
Wetland Permit to remove an exist. 4~X10' ramp, a 4~X16~ ~
a 3'X12~ ramp & a 6'X10' fit. & replace with a 4'X48~ fixed pier
~ather than 42' a 3'X14' ramp & a 6~X20' fit. parallel, with 2-~2
add~ 12~Xl~' exte. n~i~n, to e~t~. deck,
,n accoraance w,tn the ~cT~f~a ~p~ec~T~ca~r~ns ~s
Du~neaa zn~zna/~np~ac g a
knd beach in front thaC:had prev.'~t
~e~veg. ~th sp~l;tina, a~te, rn4flor~on.'~8"
~ne sma ooara ot ~rus?ees I~ere-
, &
~ causes ~s Corporate Seal to be affixed, and these presents fo
by e majorlfy of the said Board as of this date.
lean
,Pexrised
dated
as backfill up ts~ 6' behind bulkhead, as p~r..
drain's
rec'd. F/ ....
.. k~...../--~?~..~-~f..~t -- ~
T~tees
Albert J. Krupski, President
James King, Vice-President
Henry Smith
Artie Foster
Ken Poliwoda
Town Hall
53095 Main Road
P.O. Box 1179
Southeld, New York 11971
Telephone (516) 765-18~2
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
March 26, 1998
En-Consultants Inc.
1329 North Sea Road
Southampton NY 11968
Re:
SPYRIDON & LETTA KOUZIOS
SCTM #87-6-4
Dear Mr. Haje,
The following action was taken by the Board of Town Trustees
during its Regular Meeting held on March 25, 1998, regarding the
above matter:
WHEREAS, SPYRIDON & LETTA KOUZIOS.., applied to the
Southold Town Trustees for a permit under the provisions of the
Wetland Ordinance of the Town of Southold, application dated
February 5, 1998 and,
WHEREAS, said application was referred to the Southold Town
Conservation Advisory Council for their findings and
recommendations, and
WHEREAS, a Public Hearing was held by the Town Trustees with
respect to said application on March 25, 1998, at which time all
interested persons were given an opportunity to be heard, and,
WHEREAS, the Board members
familiar with the premises
and,
have personally viewed and are
in question and the surrounding area,
WHEREAS, the Board has considered all the testimony and
documentation submitted concerning this application, and,
WHEREAS, the structure complies with the standard set forth in
Chapter 97-18 of the Southold Town Code,
WHEREAS, the Board has determined that the project as proposed
will not affect the health, safety and general welfare of the
people of the town,
NOW THEREFORE BE IT,
RESOLVED, that the Board of Trustees approves the application of
SPYRIDON & LETTA KOUZIOS' to remove an existing 4' X 10'
ramp, a 4' X 16' dock, a 3' X 12' ramp and a 6' X. 10' float, and
replace with a 4' X 48' fixed pier rather than 42', a 3' X 14'
ramp and a 6' X 20' float parallel, with 2- 2 pile dolphins to
secure float, add a 12' X 12' extension to existing deck on
house, remove & replace existing bulkhead inkind/inplace'leaving
a 6' non-turf buffer behind it and beach in front that had
previously been de-vegetated should be re-vegetated with
spartina alternaflora on 18" center, and approx. 15 c.y. of
clean fill used as backfill up to 6' behind bulkhead, as per
revised drawings dated and received
BE IT FURTHER RESOLVED that this determination should not be
considered a determination made for any other Department or
Agency which may also have an applicati0n pending for the same
or similar project.
Permit to construct and complete project will expire two years
from the date it is signed. Fees must be paid, if applicable,
and permit issued within six months of the date of this
notification.
Two inspections are required and the Trustees are to b~ notified
upon completion of said project.
FEES:
4' X 48' fixed pier = 192' X $3 = $ 576
3' X 14' ramp = 42' X 3 = 126
6' X 20' float = 120' X 3 = 360
TOTAL $1,062
Very truly yours,
Albert J. Krupski, Jr.
President, Board of Trustees
AJK/djh
cc. DEC ACE
Dept. of State
Bldg. Dept.
I
~ ~-~ i11]11 I
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ~nJ)DRESS:
ILO. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To:
Jim King, President
Town of Southold Board of Trustees
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: September 16, 2009
Re:
Proposed Wetland Permit for JOHN & DANIELLA VENETIS
SCTM#1000-87-6-4
Patricia C. Moore, Esq. on behalf of JOHN & DANIELLA VENETIS requests a Wetland Permit
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 quafity and function of the Town of Southold ecosystem
6. 3 Protect and restore tidal and freshwater wetlands.
E. Maintain buffers to ensure that adverse effects of adjacent or nearby
development are avoided:
Maintain buffers to achieve a high filtration efficiency of surface runo~..
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, veqetation similar to that found within the immediate proximity of
the parcel. Veqetation shall be installed in sufficient densities to achieve ninety-five (95)
percent qround cover within two years of installation. Survival of planted vegetation shall be
(ninety) 90 percent for a period of three yearn Maintenance activities within the buffer am
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 vegetation and establishinq
a four foot (4') wide access path constructed of pervious material for access to the water-body.
Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action.
Cc: Lori Hulse, Assistant Town Attorney
James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
Bob Ghosio, Jr.
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Office Use Only
et staI Erosion Permit Application
land Peri'nit Application Administrative Permit
~ Amendment/Tr anaferfE,xt ellsio~
~ece~vved Application:
l~__Received Fee:$ c.~5-6)
~Completed Application~C~
__Incomplete
__SEQP.~ Classification:
Type I Type II Unlisted
__Coordination:(date sent)
~4VRP Consistency A_s~rmq Iq0q
.-.c--Ac Referral Sent:qldl0q
~lihi-te o f Inspection: Q. ! ~i ~.( "}q
__Receipt of CAC Report:
Lead Agency Determination:
Technical Review:
~--..'~'~ic Hearing Held: c~ [
Resolution:
Name of Applicant
(provide LILCO Pole #, distance to cross streets, and location)
AGENT:
(If applicable)
Address:
rd of Trustees Applicati~
GENERAL DATA
Land Area (in square feet):
Area Zoning:
Previous use of property:
Intended use of property:
Covenants and Restrictions: Yes
If "Yes", please provide copy.
"< No
Prior permits/approvals for site improvements:
Agency Date
__ No prior permits/approvals for site improvements.
Has any permit/approval ever been revoked or suspended by a governmental agency?
xX No Yes
Ifyes, provide explanation: DF,~ 2od'--icrC' : i"ats.e~
Project Description (use attachments if necessary):
~d of Trustees Applicatio0
WETLAND/TRUSTEE LANDS APPLICATION DATA
Purpose of the proposed operations: .~c~ t:{-tcna s -iq>
Area of wetlands on lot: ~ .~ square feet
Percent coverage of lot: , CY{ %
Closest distance between nearest existing structure and upland
edge of wetlands: ~ >- feet
Closest distance between nearest proposed structure and upland
edge of wetlands: ~ ,~ feet
Does the project involve excavation or filling?
If yes, how ranch material will be excavated? cubic yards
How much material will be filled? / cubic yards
Depth of which material will be removed or deposited: /' feet
Proposed slope throughout the area of operations: ~aJ'-
Manner in which material will be removed or deposited:
Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by
reason of such proposed operations (use attachments if appropriate):
PROJECT I.D. NUMSER
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 o~' Project sponsor)
'I "AP,L,CANT,SPONSOR 12.
SEQR
4. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., ~ pr~lde map}
5. IS PROPOSED ACTION:
[:~ Nsw E::] Expansion ~'Modlfrcation/alteratlon
7. AMOUNT OF ~NO AFFE~ED:
9, WHAT IS .R~ENT ~ND USE IN VI~N~ OF PR~E~?
~TATE OR
1 ~, DO~ A~ ASPE~ OF TH~ A~ION ~V~ A ~RR~Y V~D PEflM~ ~ ~PROVAL? ~ Yes ~ No If y~, list Igen~ n~e i~ ~l~appr~al
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE la TRUE TO THE 8E~T OF MY }<NOW~.EDGE
Signature:
I If the action Is in the Coastal Ares, and you are a state agency, complete the I
Coastal Assessment Form before proceeding with this assessment
OVER
PATRIClA C. MOORE
Attorney at Law
51020 Main Road
SouthoM, NewYork 11971
Tek (631) 765-4330
Fax:: (631) 765-4643
September 22, 2009
Board of Trustees
Town of Southold
P.O. Box 1179
Southold, NY 11971
RE: VENETIS
PREMISES: 2600 TAKAPOSHA ROAD,
SCTM ~ 1000-87-6-4
SOUTHOLD
Dear Sir or Madam:
With reference to the above, enclosed please find Affidavit
of posting together with green receipt cards received as of date.
Thank you.
PATRICIA C- MOORE ESQ.
51020 MAIN ROAD
SOUTHOLD NY 11971
Received By: (Please Print Clearly)
C, Date of DeiiveW
P~-~rici~ Of. M~re
7192 6463 3110 0000 4834
7192 6463 3110 0000 ~834
Article Addressed To:
JONATHAN ZANG
41 PHILIP STREET, APT. 2
BOSTON MA 02114
BOARD OF TRUSTEES
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Application of
JOHN & DANIELLA VENETIS
AFFIDAVIT
OF SIGN
POSTING
Regarding Posting of Sign Upon
Applicant's Land Identified as
1000-87-6-4
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, PATRICIA C. MOORE, residing at 370 Terry Lane, Southold, New York
being duly sworn, depose and say that:
On the//'/day of September, 2009, I personally posted the property known as
2600 Takaposha Road, Southold, New York by placing the board of Trustees official
Poster where it can easily be seen, and that I have checked to be sure the post has
remained in place for eight (8) days prior to the date of the public hearing. Date of
Hearing to be held on Wednesday, September 23, 2009, on or about 6:00 p.m.
Sworn t..o before me this
~?,~ - day of September, 2009
Notary P~,J
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold, New York 11971
Tel: (631) 765-4330
Fax:: (631) 765-4643
September 14, 2009
Board of Trustees
Town of Southold
P.O. Box 1179
Southold, NY 11971
RE: VENETIS
PREMISES: 2600 TAF, APOSHA ROAD,
SCTM # 1000-87-6-4
SOUTHOLD
Dear Sir or Madam:
with reference to the above, enclosed please find Affidavit
of Mailing, together with postal receipts and copy of letter to
neighbors.
Thank you.
PATRICIA C- MOORE ESQ.
51020 MAIN ROAD
SOUTHOLD NY 11971
arly)
C. Date of De[iven/
4. Restricted Delivery?
(Extra ~=ee) [] yes
Article Number
7192 6463 3110 0000 4841
7192 6463 3110 0000 4841
Article Addressed To:
TOWN OF SOUTHOLD
PO BOX 1179
SOUTHOLD NY 11971
Very ~-~ly yours,
CERTIFIED [
I !rkins,
BOARD OF TRUSTEES
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Application of
JOHN & DANIELLA VENETIS
Applicant's Land Identified as
1000-87-6-4
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVIT
OF
MAILING
I, Betsy Perkins, residing at Mattituck, New York, being duly sworn, depose and
say that:
On the I L~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 the
neighbors on the attached list.
Attached hereto is the white receipt post-marked by the Southold Post Office on
said date.
Sworn to before me this/5''~--~
day of September, 2009
'/(Not~y Public) MARGARET C. RUTKOWSKI
Notary Put3[ic, State o! New York
No, 4982528
Qualified in Suffolk County_
Commission Expires June 3, ~,O_//
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.
VENETIS
NEIGHBOR LIST
SCTM: 1000-87-6-4
Harford Living Trust
8 Beachway
Port Washington NY 11050
sctm: 1000-87-6-2
Suflblk 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
FROM:
FEES:
PoMage 0~
TOT~ $ 5.~
POS~RK OR DATE
RECEIPT
7192 6463 31 lO ooco 4872
FROM:
PATRICIA ~_ MOORE .ESO
FEES:
Postage 0 z~
TOTAL $ 5.54
POSTMARK OR DATE
RECEIPT
7198 6463 3110 0Coo 4865
FROM: ~;, SQ
~,h~o TO: "/0/
FEES: o 44
TOTAL $ 5.54
pOSTMARK OR DATE
RECEIPT
7192 6453 3110 0000 4841
FROM:
PATRIClA C MOORE ESQ
RE: venetis t ~a*~ hearing
TOTAL $ 5.54
PATRICIA C. MOORE
Attorney at Law
51020 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
PREMISES: 2600 TAKAPOSHA ROAD,
SCTM # 1000-87-6-4
SOUTHOLD
Dear Neighbor:
I represent the above with regard to property located on
2600 Takaposha Road, Southold, New York.
They have submitted an application to the Southold Town
Board of Trustees to demolish and reconstruct first floor if
required, construct new second floor; raise foundation for
FEMA; new front steps and front overhang; reconstruct wood deck
and add a covered deck (roof); and upgrade sanity system, if
required.
A copy of the Hearing Notice is enclosed together with a
copy of a portion of the site plan.
The hearing on this matter has been scheduled for WEDNESDAY,
SEPTEMBER 23, 2009 on or about 6:00 p.m. at Southold Town Hall.
If you have any questions, or you wish to support this
application, please do not hesitate to contact me.
Thank you.
Very truly~ours,
Patricia C. Moore
PCM/bp
enclS.
C:Mr. & Mrs.
John Venetis
NOTIC
OF HEARING
NOTICE IS HERE~:~FGIVEN that a blic hearing will be hel.d b~y~the
SOUTHOLD BOARD TRUSTEES at t~ Town Hall, 53095 Ma,n..vad,
Southold, New York, concerning this property.
OWNER(S) OF RECORD:30k~ ~ ~.e,[¢~,~. ~.uf~
CI ID/Ct'~T t'~C DI ID/I/'" I-II=ADINIt~_.TO de~c~\L~ o.~ C~co~-tcu¢~
~.~UDJL%../ %.,/1 F~ULI~ I Ib~AIIq~ _ . . . ,_
TIME & DAlE OF PUBLIC HEARING:
If you have an inter.est in this pro. ject, you are invited to view the Town file(s)
which are available for ~nspection .prior to the day of the hearing during normal
business days between the hours ol'8 a.m and 4 p.m.
BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631 ) 765-1892
COREY HARBOR
PRIVA'
DESCRIBED PROPERTY
SOUTHOLD, TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
SURVEYED FOR: JOHN VENETIS
00.00'
NOT TO SCALE SHOWN FOR CLARITY OF ROOF OVER ENTRY
C)
Board of Trustees Application
County of Suffolk
State of New York
DEPOSES AND AFFIRMS THAT HE/SHE 1S THE APPLICANT FOR TIlE ABOVE
DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE
TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK
WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY
BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT
AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES
HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING
UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS
APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR
REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE
PREMISES IN CONJUNCTION WITH ~.~/~IS APPLICATION.~. ~
Signature
SWORNTOBEFOREMETHIS C~/
AUTHORIZATION LETTN~
Southold 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 Environmental Conservation
Building 40-SUNY
Stony Brook, New York 11790-2356
Att: Regulatory Per,its
Any and all other State, County, Or Local agencies.
AGENT:
name: Patricia C. Moore Esq.
address: 51020 Main Road, Southold NY 11971
telephone number: 631-765-4330
PROPERTY: 2600 Takaposha Road, Southold
SCTM#: 1000-87-6-4
Dear Sir or Madam;
The undersigned owners authorize Pa~ricia C. Moore Esq. as our
agent ~or all submissions to the Southold Town Trustees,
$outhold Town Zoning Board of Appeals, The New York State
'Department of Environmental Conservation, Suffolk Co%knty
~ealth Department and any other Skate, County, or Local.agency
which may be required for renovations and additions to the
existing building.
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. Thc'
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: __Patricia 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 fi-om 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.
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 ali 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.
Either check the
DESCRIPTION OF RELATIONSHIP
NONE
Submitted thi~.~d ~
Signature: ...'" ~- ~ ~
Print C. Moore
Owner :John & Daniella Veneff
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law.
This assessment is intended to supplement other information used by a Town of Southold agency
in making a determination of consistency. *Except minor exempt actions including
Building Permits and other ministerial permits not located within the
Coastal Erosion Hazard Area.
Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold
Local 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, Southoid
AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971
The Application has been submitted to (check appropriate response):
Town Board Planning Dept. Building Dept. Board of Trustees
Zoning Board of Appeais~X
1. Category of Town of Southold agency action (check appropriate
response):
(a) Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction) __
(b) Financial assistance (e.g. grant, loan, subsidy)
(c) Permit, approval, license, certification: X Variance / Wetland Permit
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
2. 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 bnlkheaded 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. Surroundin~ oarcel purchased by Town as open space. Parcel is not
identified as area of Archeoiogical Sensitivity or on the National Re~ister 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 existinl?
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
I)rohibit deeradation of air quality or emissions. Efficient heating and air eonditionin?
systems and filters I)rotect aeainst 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 recvcline, no hazardous substances proposed
at site. Use of natural untreated materials (CCA is discouraged by Trustees) The properB,
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 Southold has acquired the surroundin~
parcel for open space.
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent
uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation
criteria.
Yes No X Not Applicable
Residential use of property on establish lot will not adversely impact coastline.
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the
Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for
evaluation criteria.
X Yes No Not Applicable
The existing dwelling is to be exoanded 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 develooed for aericulture-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
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 1 t971
http://southoldtown.northfork, net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
ZBA File No.: 6313 AMENDED
Applicant/Owner: John and Daniella 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 pm-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, 2011
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 l, 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 Jane 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 lifl 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 are 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, 201 !
ZBA File#63[3 Amended- Venetis
CTM: 1000-87-6-4
1. 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 purchased, under Town
Board Resolution 2007-934, by the Town of Southold !n 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. A70% 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 property.
Increasing the height of the existing non-conforming house as a result of adding a second floor, even
il'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 - April 7, 2011
ZBA File#6313 Amended - Venetis
CTM: 1000-8744
(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 I/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 w~uld 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. Regarding 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 File#6313 Amended - Venetis
CTM: 1000-87-64
Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays
and/or a possible denial by the Building Department of a building permit, and may require a new application
and public hearing before the Zoning Board of Appeals.
Any deviation from the variance given such as extensions, or demolitions which are not shown on the
applicant's diagrams or survey site maps, are not authorized under this application when involving
nonconformities under the zoning code. This action 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; ~lyes: Members Weisman (Chairperson), Dinizio, Goehringer, Schneider,, Homing. This Resolution was
du~d~ed (5~0).
Leslie Kanes Weisman, Chairperson
Approved for filing ftc//*.fi__~/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
TOWN OF SOUTHOLD
Tel. {631) 765-1809 Fax (631) 765-9064
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF DECEMBER 3, 2009
RECEIVED, ~
8 .q'z.
Soufhot~l To~,, ,t Clerl
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
buildin9 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
CTMNo. 8764
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-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 properly owner installed heat to the structure without a building
permit, changing the use of the home from seasonal to year-round
The applicant initially argued that in order to comply with new FEMA requirements, it was necessary
to lift the house and raise the existing first-floor elevation by adding the required height to the
existing crawl space foundation. The proposed construction would include removal of the existing
foundation and addition of a new front wall to the foundation, a new second floor, and a new roof.
The reconstructed house would be built over the existing footprint, except for a 12" first-floor
extension and 4.5' roof overhang. The Building Department has determined that the application is
for a demolition and construction of a new dwelling. As such, the proposed building no longer
maintains its status as a prior nonconformity.
It has been reported that a new flood map has been received from FEMA, indicating that the
dwelling is no longer in a flood plain, and that the applicant will not be required to raise the level of
the house, as previously reported. No revision of the application in the light of this change has been
submitted, however.
In 1985 the Zoning Board of Appeals granted to a prior owner of the property a side yard variance
(west side at 14 feet), front yard variance (23 feet) and a variance from the wooden bulkhead (38
feet) permitting the addition of an open deck addition wrapped around the westerly end of the
existing one-stoW single family dwelling, on lhe condition lhat 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-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: Or~ the basis of testimony presented, materials submitted and personal
inspections, lhe Board makes the following findings:
1. Town Law .~267-b13)(b)13){1). Grant of the variances will produce an undesirable change
in the character of the neighborhood and detriment to nearby properties. The subject properly 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 fudher development.
There is only one other house on Takaposha Road on the same side of Corey Creek and that house
has only a single stow. There are three other houses on the road but these are not visible from the
subject property. Only one of these houses has more than one story, and that house is farthest from
the instant house.
2. Town Law .~267-b(3)lb)(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 nol 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 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.
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 properly:
Page 4 - December 3, 2009
ZB File No. 6343 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 properly. 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($}(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 slatus 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. Regarding 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, 1o
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 Daniella Venetis
CTM No 87-6-4
CONDITION that the Town fulfill its obligation to provide for emergency access to the
home.
That the above condihbns be written into the Building Inspector's Cerlificate 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 Homing was absent.
This Resolution was duly adopted (4-0)
Gerard P. Goehringer
Chairman
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://southo]dtown.northfork.net
· I~ ,, ~ : 'ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
! i Tel. (631) 765-1809 · Fax (631) 765-9064
i 3 2011
?- Z~,~[Zit 7--F4NDtNGS, DELIBERATIONS AND DETE~INA~ON
MEETING OF FEBRUARY 16, 2011
R£CEIYED
:EB 1 8 2011
$outhold Town Clerk
ZBA FILE: 6396
NAME OF APPLICANT: John and Daniella Venetis
PROPERTY LOCATION: 2600 Takaposha Rd. (adj. to Corey Harbor), Southold, NY SCTM#1000-87-06-04
SEORA 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 Adminis~xative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its
reply dated July 14, 2009, stating that this application is considered a mailer for local determination as there
appears to be no significant county-wide or inter-community impact.
LWRP: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the
Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The
LWRP Coordinator issued his reply dated September 16, 2009, based upon the information provided on the LWRP
Consistency Assessment Form submitted to this department, as well as the records available to us, it is our
recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is
CONSISTENT with the LWRP. The LWRP Coordinator recommends the establishment of a l0 foot wide
perpetual landscaped buffer landward from the bulkhead.
PROPERTY FACTS/DESCRIPTION: Subject property is an improved non-conforming 8,995 sq. ft. lot in the R-
40 District. It has [00 feet of frontage on a private rd., known as Takaposha Rd., 91.33 feet on the west property
line, 100.04 feet along Corey Harbor and 88.56 feet along the east property line as shown on a survey dated
December 15, 2008 prepared by Stanley J. Isaksen, Jr., LLS.
BASIS OF APPLICATION: Requests for Variances under Sections 280-116-B and 280-124, based on the
Building Inspector's April 20, 2010 Notice of Disapproval concerning an application for reconstruction
and second floor addition, which new construction will be:
1) less than the code-required minimum of 75 feet from the bulkhead,
2) less than 35 feet from the front lot line,
3) less than 35 feet from the rear lot line,
4) less than 25 feet for both (combined) minimum side yard setbacks,
5) exceeds the code limitation of 20°A maximum lot coverage (buiLding area);
Page 2 - February 16,201 I
ZBA Fi1¢#6396 - Vcnctis
CTM: 1000-S74-4
RELIEF REOUESTED: The applicant proposes to construct first floor alterations and additions and to construct a
proposed second story addition over part of the preexisting nonconforming dwelling's first floor footprint. This
proposed work will require: l) a variance for a 22 foot setback from a bulkhead when 75 feet is required, 2) a
variance for a 24.5 foot setback from the rear yard lot line when 35 feet is required, 3) a variance for a 28.6 foot
setback from the front yard lot line when 35 feet is required, 4) a variance for a 24.3 feet (combined) total side yard
when 25 feet (combined) is required and 5) a variance for 24.5% lot coverage when the code permits a maximum
lot coverage of 20%.
ADDITIONAL INFORMATION: The applicant was before the Board in a previous appeal (/$3360) where a
setback variance was granted for the existing seaward deck and again for an appeal (#6313) requesting variances
for proposed alterations and additions to the existing non-conforming dwelling requiring greater variances to the
code than those proposed herein, that were denied. Currently, there exists a narrow landscape buffer along the
bulkhead. This application was referred for comments to the Southold Town Land Preservation Committee. On
September 20, 2010 they issued the following recommendations: 1) a septic system design proven to be
substantially more effective under similar circumstances than the current design, and that any elevated system not
cause any additional runoff directed towards the preserve or Corey Creek and that it be visually screened from the
preserve, 2) side yard boundaries be delineated with split rail fencing or hedging to prevent encroachments into the
preserved property and any existing encroachments be remedied prior to issuance of said variances, 3) any damage
to the private road (Takaposha Rd.) caused by any construction be repaired at applicant's expense, 4) with regard
to this variance application setting precedent for future variances near protected preserves, we recommend that
should this variance be granted, the conditions be such that this variance does not facilitate additional variances that
damage the preserve and the public's enjoyment of the preserve.
On December 14, 2010 at the Special Meeting of the Zoning Board of Appeals, the Board voted to re-open the
hearing on this application on February 3, 2011, for the limited purpose of accepting into the record a letter from
the Southold Town Attorney dated October 4, 2010, addressed to the homeowners along Takaposha Road, that
clarified the Town's position that it is not obligated to maintain said road to 280-A standards.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on August 26, 2010 and October 21, 2010,
and February 3,2011 at which time written and oral evidence were presented. Based upon all testimony,
documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts
to be true and relevant and makes the following findings:
1. Town Law §267-b(3)(b)(1}. Granting of the requested variances will not produce an undesirable change in
the character of the neighborhood or a detriment to nearby properties. This parcel is separated on three sides from
the five neighboring improved parcels by preserved lands, which will buffer any detriment to nearby properties that
the proposed additions and alteration may pose. The proposed second story addition will be built on the foot print
of the existing first floor, the proposed first floor exterior alterations are minimal, and the proposed new open trellis
over the existing seaward rear deck will not be seen from the private road.
2. Town Law 1~267-b(3)C0)12). The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue, other than an area variance. The preexisting nonconforming dwelling has preexisting
nonconforming setbacks and lot coverage, which consequently require the applicant to request variances for the
proposed alterations and additions. The proposed second floor addition is the only feasible alternative, requiring the
minimum variance, for the applicants to pursue to provide additional living space for their growing family.
3. Town Law §267-b{3)(b)(3). The variance granted herein for a 22 foot setback from a bulkhead is
mathematically substantial requiring a 71% variance from the code required 75 feet, however it is not substantial
when considering the setback is preexisting and the proposed additions and alterations will not increase the
nonconforming bulkhead setback. The variance granted herein for a proposed 28.6 foot front yard setback is
mathematically substantial requiring an 18% variance from the code required 35 feet, however it is not substantial
when considering that the preexisting nonconforming front yard setback of 23.5 feet, was granted a variance in
Page 3 - February 16, 2011
ZBA Fi1¢#6396 - Venetis
CTM: t000-S744
Appeal #3360, and will be decreased and brought into more conformance with the code. Furthermore, the proposed
front yard setback is greater than the average front yard setbanks of the other dwellings in the neighborhood. The
variance granted herein for a 24.5 foot setback from a rear yard lot line to a proposed trellis over existing deck is
mathematically substantial requiring a 30% variance from the code, however it is not substantial when considering
that the existing deck, where the trellis is proposed, received a variance for a 24.5 foot setback in a previous Appeal
#3360. The variance granted herein for a 24.3 foot total side yard is not mathematically substantial requiring a 3%
variance from the code required 25 feet. The 24.3 foot total side yard is existing and its nonconformance will not be
increased, furthermore the second story addition is proposed with conforming side yards and total side yard
setbacks. The variance granted herein for the proposed lot coverage of 24.5% is mathematicaJly substantial
requiring a 22.5% variance from the code permitted maximum 20% lot coverage. However, it is not substantial
when considering the proposed alterations and additions will reduce the current preexisting nonconforming lot
coverage from 27% to 24.5% and bring the lot coverage into more conformance with the code.
4. Town Law §267-b(3){b)(4) No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood. The
proposed project will result in an upgraded and improved sanitary system to what presently exists and drainage
systems to meet Town Code.
5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased this nonconforming
property with nonconforming setbacks and was aware that any type of additions would require variances.
However, the proposed construction will be an improvement of the existing dwelling in regards to drainage and
energy updates to present day standards.
6. Town Law 1~267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of additional living space, while preserving and protecting the character of the
neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under
New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member
Goehringer, and duly carried, to
GRANT, the variances as applied for, and shown on the Architectural Plans, entitled Preliminary-Alterations and
~ Addition, Venetis Residence, sheets SK-I and SK-2 prepared 1/10/2010 by Angel B. Chorno, R.A.
Conditions:
1. Install leaders, gutters and drywells as per Town Code.
2, Install and continuously maintain a 4 foot wide landscaped buffer of native, drought tolerant plants, landward
from the bulkhead.
3~ The trellis shall remain open and unroofed.
4. Side yard boundaries adjacent to the preserved property shall be delineated with split rail fencing or hedging to
prevent encroachments into the preserved property and any existing encroachments must be remedied prior to
issuance of a certificate of occupancy
5. Any damage to the private road know as Takaposha Rd caused by any construction equipment associated with
the applicant's additions and alterations granted herein must be repaired at applicant's expense~
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued
Any deviation fi.om 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
Page 4 - February 16, 2011
ZBA File#6396 - Venetis
CTM: 1000-87-6-4
does not authorize or condone any current or future use, setback or other feature of the subject propen3, 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 minimi$ in nature for an alteration that does not increase the degree of
nonconformity.
Vote of the Board: dyes: Members Weisman (Chairperson), Dinizio, Goehringer. (Absent was: Member Schneider} (Member Horning by
telephone., no voting right) This Resolution was duly adopted (3-0).
Leslie Kanes Weisman, Chairperson
Approved for filing o~ / /7/2011
¥
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/First Floor, Capital One Bank
54375 Main Road (al Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
- , 1 3 2011
FINDINGS, DELIBERATIONS AND DETERMII~IIIIlioId Towlt Clerk
MEETING OF APRIL 7,2011
AMENDED DECISION
ZBA File No.: 6313 AMENDED
Applicant/Owner: John and Daniella 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 properly 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, 20011.
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 submitled to the Board of
Page 2 -Apri[ 7, 201 ]
ZBA Fi1¢#6313 Amended - Venelis
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 I, 2009 and
February 3,2011 at which time written and oral evidence were presented. Based upon all testimony,
documentation, personal inspection of the properly, 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 thereat~er 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 ora new dwelling, these variances are 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 subrnitted and
personal inspections, the Board makes the following findings:
ZBA Fil¢#6313 Am=ndcd - Vcnetis
1. 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 purchased, 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 fi.om 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(31{bl(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
pumue 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}O}. 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°A lot coverage, amounting to more than 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 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. Flint, 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 Filc#6313 Amended - Venct,s
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~,ardim, 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 thc 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 perforra 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.
ZBA File#6313 Amended. Venetis
CTM: I000-87~0-4
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.
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.
gate of the Board: Ayes: Members Welsman (Chairperson). Dinizio. Goehringer. Schneider.. Homing. This Resolufion was
duly adofl~ted (5-0).
Leslie Kanes Weisman, Chairperson
Approved for filing ~Tt'/ /2- /2011
AUG 2~ 2009
$outhhold Town
Beard of Trustees
COREY
HARBOR
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boy .
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SURVEY OF
DESCRIBED PROPERTY
SITUATE
SOUTHOLD, TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
SURVEYED FOR: JOHN VENETIS
DAN/ELLA VENETIS
TM// 1000-087-06-004
S
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NOT TO SCALE:
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SHOWN FOR CLARITY OF ROOF OVER ENTRY
SURVEYED 15 OECEMBER 2008
SCALE 1"= 30'
AREA = 8,995 S,F
OR
0206 ACRES
SURVEYED BY
STANLEY d. ISAKSEN, dR
P.O, BOX 294
NEW SUFFCLK N,Y, ~956
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1000-087-096-04
PRELIMINARY
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PRE LI M I NARY DATE:
VENETIS RESIDENCE
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