Loading...
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 ?00.00' boy . C) 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 8 NOT TO SCALE: 00.00' 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 -I r T l i II× // ~/2 , 1000-087-096-04 PRELIMINARY i? :-"i VENETIS RESIDENCE ~f~;~:;.~.;,.:~ ' SOUTHOLD. NY. A-1 ~ ~ ~ C,ORNO..,,~..ASSOClATES ~U~OLD, NEW YORK O I! · , t '1 PRE LI M I NARY DATE: VENETIS RESIDENCE SOUTHOLD NY CHORNO A~OCIATES .--. ~OLD, N~ YORK