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HomeMy WebLinkAbout6630 I i 135 ~ouh~vre`''' Rd,, O~~t 3 ~ ~ ~n ~drtd St.~lirn~ ~ ~~ror Iu(~' X63 b ~ ~ g 3. ~ ~ ~;rn' -y~"~O~ ~ 6 ~-C R,-+ Xxii, Sew. aka ~l ~ SWl~n~r,~ny ~Ot7s~ r~ ~rQe ~ya,~ I1.1 ,,Sec • a ~'D ~S is- ~ ~oL:a a _ .3 AdcL~~, ~-c5 ~ rii?u l/-Ew ~ ~f'• t T 7 q g CONS-T.E'000T DuSc LUr~ru /~tdc~cc~D Fi'-°o.~/T ~btcLOs, G"~'sboc'~ 9/io 9/ .IJECK i700l T/0%? Ldi TVf ii? /DO' or ~laGFF C•4 • BOARD MEMBERS Southold Town HaII Leslie Kanes Weisman, Chairperson ~~Of SUUjyO 53095 Main Road • P.O. Box 1179 h0 !Q Southold,NY 11971-0959 Office Location: Gerazd P. Gcehringer T ~ Town Annex /First Floor, Capital One Bank George Homing ~ • ^p~O 54375 Main Road (at Youngs Avenue) Ken Schneider ~I.YCOU~ Southold, NY 11971 ' CEI ED http://southoldtown.northfork.net ~ . ZONING BOARD OF APPEALS M 2 8 2013 TOWN OF SOUTHOLD Q Tel. (631) 765-1809 • Fax (631) 765-9064 So old Town lerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 21, 2013 ZBA FILE: 6630 NAME OF APPLICANT: Gregory and Carol Karas SCTM#1000-15-3-3 PROPERTY LOCATION: 135 Soundview Road (adj. to Long Island Sound), Orient, 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 I( 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 February 14, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review 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 a recommendation dated February 14, 2013. 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. PROPERTY FACTS/DESCRIPTION: Subject parcel is anon-conforming 23,762 sq. ft lot located in the R-40 zone. It is improved with a 1 & 2 story frame and brick dwelling with attached garage. It has 100.00 feet of frontage on Sound View Road, 257.65 feet along the west property line, 95.97 feet on Long Island Sound and 238.44 feet along the east property line as shown on the survey prepared by Metes and Bounds Surveying dated August 12, 2008 last revised November 11, 2012. BASIS OF APPLICATION: Request for Variances from Article XXII Code Section 280-116A(1) and Article III Code Section 280-15 and the Building Inspector's January 24, 2013 Notice of Disapproval based on an application for building permit for an accessory in-ground pool; 1) top of bluff set back of less than the code required 100 feet, 2) location other than the code permitted front yard on waterfront property or rear yard. RELIEF REQUESTED: The applicant requests variances to construct an in-ground swimming pool 83.6 feet from the top of the bluff, where the code requires 100 feet. Additionally, the proposed pool is located in the side yard where the code requires a rear yard location or in the case of waterfront properties a front yard location provided the principal front yard setback is met. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: Page 2 of 3 - Maroh 21, 2013 ZBA Filek6630 - Karas SCTM: 1000-15-3-3 The Zoning Board of Appeals held a public hearing on this application on March 7, 2013 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: I . Town Law &267-b(31(b)(1). Grant of the variances requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's agent provided an aerial map of the neighborhood and copies of other bluff setback variances similar to this request. An in-ground swimming pool is a customary accessory in this residential area. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The dwelling is located at less than the code required setback of 40 feet so the pool cannot meet the principal front yard setback. Additionally, the entire rear yard is within the 100 foot bluff setback. Any location would require a variance. 3. Town Law. 267-b(3)(b)(3) The variances granted herein are mathematically substantial, representing 100% relief from the code in regards to the side yard location and is not substantial for the bluff setback representing 16.4% relief from the code. However, the proposed placement keeps the pool at the furthest distance from the bluff and will not be visible from the road. 4. Town Law &267-b(31(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 applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an in-ground swimming pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: [n considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variances as applied for, and shown on the survey prepared by Metes and Bounds Surveying dated August 12, 2008 last revised November 11, 2012. Conditions: 1. Applicant must provide a dry well for pool water discharge. 2. Applicant must provide a shelter for the pool utilities which will significantly lower noise levels of the pump. 3. This decision is limited to a pool that is constructed of cement or like, and not a liner pool. 4. These variances are subject to receipt and approval by the Board of Appeals of a final site plan showing the specific design and side yard location of the proposed pool (to be not less than 10 feet from the side yard property line), including patios, fencing and landscaping and the location of pool pump equipment and de- watering drywell on the landward side of the proposed pool if needed. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Page 3 of 3 -March 21, 2013 ZBA Filek6630 - Karas SCTM: 1000-I5-3-3 Any deviation from the survey, site plan and/or architectura( 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 ofAppea[s. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, 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 [hat 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. !'ate of the Board ~ Ayes. Members: Weisman (Chairperson), Gaehringer, Horning, Schneider. This Resolution was duly adopted (4-O). 1 r ~ C Leslie Kanes Weisman, Chairperson Approved for filing 3 ~ 6 /2013 . H. ROY JAFFE, P.E. 82 EAGLE CHASE, WOODBURY, N.Y, 1 1797 ' 516.364-01 48 FAX 516-364-01 58 ! RECEIVED ~ August 19, 207.3 AUG 2 7 2013 village of Southold BOARD OF AppEALS Dear Sir: This is to certify that the drainage facilities to be used exclusively for the construction of a swimming pool on the premises of: Karas 135 Soundview Rd i Orient, NY 11957 I will not require draining because the pool is of gunite construction. The pool water will be continuously recirculated through the filter and will be reused from year to year. The drainage from the filter backwash is nominal and will not interfere with the public water supply, the existing sanitary facilities or public highways. Very truly yours, I _ - _ - ~~OF NEGyI- ~ H, Roy Jaffe, P.E. ~ ~QO~P~ aoy~9~.p9~ 2 m ~ $ FyJ~. ~4 747 ~ ~G? ,FINAL MAP ~'OAOFESSIONP~` REVIEWED BY ZBA ~ 1 ~ 5EE DECISION # ~P3~ ~ e~~°`~'r' DATED 3 i3l I l3 ~```e~~ ~ ~~c~*-.~-~i3~6G jo N,ID PFtOPE32"IY 'Ip-Q~'OfU7 TU N.Y. STATE RESIDEM•IAL SF7C1'ION G106 OODE APPETIDTX G 20k0 EDITION ~ 'rICN REQl1SRII POOL Tl7 O~'OR~ 'IO ANSI/t1SPI S'ITNOARAS AG10~.1 SIX.TIGN G10~ POOL AiNtM REQUIRID s~tE lFi) D C O E F O Ant/ cAp. c• a L. t5 z _ 33 6- 3~5 rte" r~clF+m.la MYT M.rr /Q~ A~Mryro)~~ ~ ~'-Wf~M71F. ~ MG.. ( ^ )N ORI,IH Vl1Tt M r V~.IVC AriD Gn16GTyv~ L ~ -'~~EIVEC~'" wse GW.YEL BA56 e O MAIN ~ ~Q~'~ DaAINS ~ AUG ~ BOARD pF APPEALS ~ PooL P t-~N ~ G ~ ~ - y1~oBoTiorl t ~ ~ -'••r R~ ~ ~ - - X Y :M'-~.ti. GCMCItAL ItOT[3. - ' P t_ TM~ocstcM a {Axo ow ~ On~rN ACL sores rITM <lo'jK SUT. - a C~ r ~ {jTy''f ~ j?yt c~pr~ ~tjCMµ ~IgVMO rAT(lt ZwALL MOT L1U3T r'fTMM Trtt UtR1 Of TMC y'_bX 7 ~ F~ T'~IAA¦ ( [I(lMITMIM_ / GMt1D raT[A [ir3T3 rtTMN i'-O {CIDr V~JOA~~j S j?tTA 1ML- GMDC Y[allAt-O~.ATLAMC .K.ITICS .x.l .L RCDWR: a. •~7"~ ~ VIEWED tvCR.otsroial. = LM+rT [o To or.cnY ?norotrT_ 7T Z b .(.(D.LD,M~TT,M:-0-gip ,,,A,~: ~~D _ ~ DECISION # ~~d ~ ~ r.~[F~. Alto {rd OI OCV [MO- ..nTM NgOOSTXT(~. 3- M flU1tATKlLLT AfIgJ[D CVNGRC TC (R/M Cr SNAII O'` .g TED ~ / R TVCE K A YlX MSTM A 1[A it YllY OI 3~.ullOK3 OL L ~ ~H 6QAY11 8!`<F rAT[A f(Jt TALJ[ or cc..cxi. i MO~µs' - - - - ~"l-Uf~1 DING '><fSFLINGtEYI ~Nt {L/MRN1G]lIG STLCL SNA CL 11rT(MYCpAT[ CnAW - - j~ pew µyvt~ {CiST fTCCL 1TTM A MIMIMVM Uf OL 3-0 {A/1- ~ - Q.M. r II/NM MO Or DtAr CTC R3. n~~(Y ~ _C9 D?CI IMO 'n`t`° `"`T~c ~F. Y~ S fOOI rATC{ 3VIftY fT OrNC{ 3 CAnD(M NOSL. ~ TMrMnMK IH~ ~ - I Z 1(T-El Rb~vK,(p ~ 4~T ROb IO(H_ TO K KIT LULL DVn wG tn[ClwG rUTN(n. VM1NN G per ~ r~ ~ ~ ~ 9 ryY/ CAfAGTT TO {C 3Vf/IULMT TO [YfTT f00( ~a,.~ f~H < > f~ ~ ~Q ` JT ~ {RV 2. FI. jrC-A 2 w [,MOUA:. I YPIGhL - vcnL j to Af. ' HitLL i~~G?ion-1 rT:~ ,ra~w.Hr.n W n"n H+cwf.T F N.a cas REVISED lj/(,~ H. ROY JAFFE, P.E. yJ'FOP Og7410 ,J~ 9OFfS$IONP". 135 Soundview kd ' orient, n?Y 1]9S l3 i i I i ~ i I I I I I I ~ L A w N i RECEI ED .~M~.~MOev~ I s~ ~K um~_o~ AUG 2 7 ' 2013 ' BOARD OF PPEALS CEDAR POOL - G'-.- _ _ ~ - I EQUIPMENT LINE OF POOL t - ~ ENCLOSURE - _ SETBACK ~ ~ ~ I I °~-1 _ _ SHBACK I w. ee a. n n x .n S~%ZS~ ' 6UNITE POOL 3s.losoE~~ FINAL MAP I REVIEWED BY Z A ~ RESIDENCE I L,xE„~,. ~n~„,.,,, ~ SEE DECISION # C~ ~.~~..1. 1 .o_..,,.o.m DATED 3 / ~ I. I .wr,.o ~,,,o. DRIVEWAY GREEN PLANTING KEY I I ~ ISLAND _ or DESIGN BV1ERFI e~~~ ,4,~~. WWW.GREENISLANDDESIGN.COM ® ~~s~~~ I PREPARED BY: M. PAPPALARDI ~aA~~A ER ~.1 I PREPARED FOR: Noless sume ~ >AP.~s„~~ KARAS RESIDENCE JUeiPER ~PAl1f FdXP ,o SCALE: P'=8'-0" LANDSCAPE PLAN ,~.~.ER «~E R~~ Mli C0.AWIN(: b W IVSiHIPIFTT i~f ~\'KF RFTDFRtll Iii llti ClJ9J~ ~ R AYJCFPi OEV9.~~1'MFI~fJN.I. MST I(~R C INRRIR'IL~!J ~ AUG 2 7 ?013 l ° ' _ , ~ , - FINAL MAP ~ REVIEWED BY ~~~R ZBA SEE DECISION # ~ ~ ~ , - ~ ~ - ~ti, DATED / / - _ n~-- _ Ilia - ' r ~ ~ a i ~h` rr~_ . _ y` ~ t-~L~~E1~1ED AUG 2 ~ ~ ' FINAL MAP ~ REVIEWED BY ZBA SEE DECISION # ~%C!" ~ ~ DATED / - ~ - - x ~ ; , 1 _ - - 7 ii~i~~ , - _ - ~r n ~ ~~cE~vEO Huu z ~ L~..:~ FINAL MAP BOARD OF APPEALS REVIEWEQ BY ZBA SEE DECISION # DATED 7 / ' ~ . i - i s ~ ~ Lt t.. Sd' _ S__~.~ f f 71 _ ~ - ~ l ~ ~{ECEIVEG - ..N . Wiz,, I - , . _ - _ - yam, ~t - A~\- ~nnw~ i g ` r I ~ I i,~' _ - - - ~ _ _ . - - ~ - - ~ ~ --Y=Y-- - _ ~ ~ _ ~ ' AL g~ D CfS10N ~ - . r - ~ ~ ~ ~ _ ~ (;ECE?VEG. r _ ~ .-y - ~ ~ t i~ ~ l;~ . ~ ;.f _ - - Q. ~ _A 1 ' {~ECEIVEC; i ~ U l 3 a - '$r - b v ~ ` ~ - 1..~ t ~ ` \ S' ~i` `rte - . Z ~ BA I~WE~ BY ~ ~ . ~ ~ K~Ct1~1~~ ~t~r, - . ~ ~ n~~ ; - .y/. to jy' ; i`~~ -1~`~e~~ T ~ { (y~.'n~ ~ `jam ~ ~ "~i ; ~ Y ! ~ / ' I Jf ~'It ~ f ~ 3 J~. ~ r 1... --.F ~M ~M ~ ~ ~R I\ ~~JIL..e-sue 1 . l ' ~~-~-'r 2'.~ - 1 14 ` ~ . _ - ` \ f----r _ / / "I. - _ y l X11/~~ AUG 2 7 Z01~ 1=1NAL IVI~P REVIEWED BY ZBA ; ;~,;-~~rr;~s SEE DECISION # ~ , DATED l~/ / ,..,,A _ z~ :n 6~_?ice ` f ~ Y:` ~ _ f .Y.; 4 r ,yam r r ~ ~ '.a4 ~-_y . I ~uG ~ ~ 20t, - - - ~p~hU p~ ~~=;~EA~.S f S. li: 6. ~ s~ ~ ~ECEIV~= AUG 2 tui~ - _ gUAKp pF APPEALS _ i~ v' r i kf 1 I ` , ~ - - - s - x _ r - • ~ . F~ ~ ~ _ ~ ~ • r r J J~ 4 ~ 1 ~ i • ' ~ r- i'. ~ ~ ~ .i ~ r 1 • ~ s . r .r~r fi { tir r ^ ~ ~ r ' r 1 f J~ f `~1 . { ~ r ~ ti • ' ` 7' •~'y- . ~ ' pr - r~! ~r . r ~ a ~ ~ ~ r ~ , i ' ~ ~ i~ ~ - ~y w . i . . a~ .i yy~ j ' `t.r r ~'h r , r 'rte s,r . e~ M r ~.a~•9. 4 a E w I' - a 's f E~ . Rf t ~ } _ 6 r n:~ _ r 4 _.f ' w~ , _ i l , r ' 'k w~ ~ r ~ ,r . « w. _ ~ rig I K. ^ , f p - ` 1 Y ~ I I, t 3 1 a~`~ 1 • r i • ~ \ T~~ ~T ~ ''t~ ~ ~ ~ a ~ ~ s. ~ ~ ~ 1~ ti ~ - - - - _ _ _ t. ~ ~ ? s _ _ ~ ~ ~ _ - ' ~ ~ :a~ i 1 .a! f t ' - ,l. tit •1 ~ y + a ,QS " . rg t~, ~ .4~ PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 August 27, 2013 RECEIVED Attn: Vicki Zoning Board of Appeals Town of Southold AUG 2 7 2013 hand delivered BOARD OF APPEALS Re: RARAS APPEAL # 6630 Premises:135 SOUNDVIEW ROAD, ORIENT SCTM: 1000-15-3-3 Dear Chairman Weisman and Board members: With reference to above decision rendered March 21, 2013, enclosed please find two sets of the landscape plan together with engineers letter and pictorial representations of the pool. Thank you and please do not hesitate to call should you have any questions. Very., ours, Pat cia C. Moore encls. FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED ~ /~j SURVEY OF ~~3~ LOT 45 ~ ~ ~ MAP OF sO jJND ORIENT BY THE SEA I s r g 1 V 'D SECTION TWO uoAR®~ ~NG 1~ FllE No. 3IN FlLED OCTOBER 26, 1961 SITUATE s2.7s' ORIENT POINT 7A,L5+35" E N $3.26'37 ~~~awsn*'L.°p0_'~- TOWN OF SOUTHOLD N 13,2~ ,N~~"_"°=-=u SUFFOLK COUNTY, NEW YORK . S.C. TAX No. 1000-15-03-03 / ~ c SCALE 1°=30' z / / J: AUGUST 12, 2008 p +o N NOVEMBER 11, 2012 ADDED PROPOSED PoOL k ROCK REVENTNEfIT A - - C d / a Nf--~~ ~ / / /16 ~ RA[~~~01 w / / 1 AREA = 23,762 sq. ff. o / / / ,1` Oo i[ uq 0.546 ac. _ / i - . j0 ///=-~i/// mao nom, am ,a_ ~>Y ~i' / / ~ kuA J QoIFw ~ A / II ` ~ ~ ~ A t 1~0is > mt ~ / lYB DBX ~ ~ \ m ~xi~ ~I _Ji! --y-~-- \ Y ~ ~ ~ o ~ ~ " ~ i ~ o~ i ~ ~ i ~ • -'u R ~p~p y~/~ Y...•,:.:.d%?iyj n,,).~N'.~'~~~.rc;:3>:o:€i~3 \ 11D OIIIMI.i ~ fpl p O~~A G T 4C Y ~ ~ ~B~ ~ IAA ~-MY-+A: _ ,.r' --p-q-- JY Ry O~E~1rp y' yp~ f10Or , ~ hl y'.. Q1 ' 01 a' , N 9 ~u .¢i / N ~ ak !oa ark ~/P!~~~ + c ,y. 5'I~ 2A ~ ~.,t S~ 1" ~ ~ NAL MAP d #~VtEWED BY ZBA ~ 3EE DECISION ~3~ DATED 3 ~ a ~ / ao~ ~ YE1'fia nxn HoTrnms svxv~nva NOTdS: u ,uAwnw ,riNUE , . ~i~~__• CORM. N.Y. 11)27 i s • e wt 1. EU:VATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM i~~~jl.»s-~ EXISTING EUiVATI0N5 ARE SHOWN THUS:~ae ii,.,.w ~+Yr r ~ EXISTING CONTOUR UNES ARE SHOWN THUS: - - -so- - - ~„~,I i1~1 r. r rir y rrwl ..r1 .a, 1YP aF: ORQR BY 1NE SFA r iw ice' ' w ~r r'~ h~ ~ r i. r rrr 9RN1ED AT: OI~If laMT „y, r ~T.i~ r B/FQN OOIIITT NFB Y0R( Y/ Y r li ~`•~L~ ~Y~~ J CERRfm TO JOB NO.: OY13M MIE: NO\piRf 11, 1014 ~ • ~~~Ry'~ COUNTY OF SUFFOLK ~ ` ~~~tf ~ RECEIYEDr; ~,~n` J .~1~ FEB 19 2013 /"7 Steven Bellone sueeor.x coorv rv execuTrve BOARD OF APPEALS Department of Economic llevelopment and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment February 14, 2013 Ms. Leslie K. Weisman, Chair Town of Southold ZBA 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Ms. Weisman: Pursuant to the requirements ofSections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appeals to be no significant county-wide orinter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Mahoney, Daniel 6628 Strong, Raymond 6629 Karas, Gregory & Carol 6630 Yantsos, Laura 663 L Likokas, George 6632 RJJ Properties 6633 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Seuior Planner 1RK:mc H. LEE DENNISON BLDG ~ 100 VETERANS MEMORIAL HV?Y, 4th FI ~ P.O. BOX 6100 ~ HAUPPAUGE, NV 11788-0099 ~ (631) 6806191 ~ ~ ~J'~ OFFICE LOCATION: ~~OF SO(/~yD MAILING ADDRESS: Town Hall Annex ,~O l~ P.O. Box 1179 54375 State Route 25 ~ ~ Southold, NY 11971 1 (cor ain Rd. & Youngs Ave.) H ~ Telephone: 631 765-1935 ` outhold, NY 11971 ~ ~ ~0 Fax: 631 765-3136 o~yCOU~,~~ I~ LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD j -2 \ RECEIVED MEMORANDUM FEB 1 5 2013 To: Leslie Weisman, Chair BOARD OF APPEALB Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: February 14, 2013 Re: Coastal Consistency Review for ZBA File Ref. GREGORY and CAROL KARAS #6630 SCTM#1000-15-3-3 Request for Variances from Article XXII Code Section 280-116A(1) and Article III Code Section 280-15 and the Building Inspector's January 24, 2013 Notice of Disapproval based on an application for building permit for an accessory in-ground pool; 1) top of bluff set back of less than the code required 100 feet, 2) location other than the code permitted front yard on waterfront property or rear yard, located at: 135 Soundview Road (adj. to Long Island Sound) Orient, NY. SCTM#1000-15-3-3 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 Standard and therefore is CONSISTENT with the LWRP subject to the Board's consideration of the following: The pool is located 83.6' from the top of bluff. The bluff is armored at the toe and vegetated. In the event that the action is approved, it is recommended that a pool de-watering well be required to further Policy 5.4. below. Pool de-watering wells are recommended to contain treated pool water in the event that the pool must be drained. If the Board requires a pool de-watering well then it is recommended that the well be located landward of the pool. Policy 5.4 Limit the potential for adverse impacts of watershed development on water quality and quantity. A. Protect water quality by ensuring that proposed expansion or intensification of existing watershed development results in: • • ~ ~ 1. protection of areas that provide important water quality benefits 3. protection of areas that are particularly susceptible to erosion and sediment loss Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney ~ ~ ~~z i • ~ TOWN OF SOUTHOLD NOTICE OF DISAPPROVAL DATE: January 24, 2013 ~0 ~0 30 To: Patricia Moore Esq. for RECEIVED G & C Karas 51020 Main Road FEB 0 ~ 2013 Southold, NY 11971 BOARDOFAppEAt,g Please take notice that your application dated January 18, 2013 For permit for an inground swimming pool at Location of property 135 Soundview Rd., Orient, NY County Tax Map No. 1000 - Section I S Block 3 Lot 3 Is returned herewith and disapproved on the following grounds: The proposed construction of an inground swimming pool on this non-conforming lot is not permitted pursuant to Article XXII Section 280-116A(1), which states: "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100' from the top of such bluff or bank." The survey indicates the proposed construction as being 83.6' from the ton of the bluff Also, the in rg ound pool is not permitted pursuant to Article III. Section 280-15 which states• "In the AC & Low Density Residential...Districts, accessory buildings & structures shall be located in the required rear yard subject to the following The survey indicates the swimming pool in the side yard. ~ Authorized Signature ee: $ a ~ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS O2ECEIVEf1 House No. 135 Street Soundview Avenue Hamlet Orient FEB 01 2013 SCTM 1000 Section 15 Block 3 Lot(s) 3 Lot Size 23,762 sa.ft. Zone R-40 DOARD OF APPEALS I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED January 24, 2013_ BASED ON MAP dated August 12, 2008 and last dated November 11,2012 Applicant(s)/Owner(s): Gregory & Carol Karas Mailing Address: 8025 Harborview Terrace. Brooklyn NY 11209 Telephone: c/o Pat Moore 765- 4330 Fax 765-4663 Email: acmoore(a~mooreattys.com NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for (X) Owner, or ( )Other: _ Agents Address: 51020 Main Road. Southold NY 11971 Telephone 765-4330 Fax 765-4643 Email: pcmoore(a~mooreattys.com Please check to specijy who you wish correspondence to be mailed to, from the above names: ? Applicant/Owner(s), or 8 Authorized Representative, or ? Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED dated August 12, 2008 and last dated November 11.2012 and DENIED AN APPLICATION DATED January 18.2013 FOR: 8 Building Permit ? Certificate of Occupancy ?Pre-Certificate of Occupancy ? Change of Use 0 Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) 1. Article XXII Section 280-116 (A) (1)setback from top of bluff (83.6') 2. Article III, Section 280-15 (pool in side yard) Type of Appeal. An Appeal is made for: 8 A Variance to the Zoning Code or Zoning Map. ? A Variance due to lack of access required by New York Town Law-Section 280-A. ? Interpretation of the Town Code, Article Section 0 Reversal or Other A prior appeal ,Has _ =been made at any time with respect to this property, except UNDER(Please be sure to research before completing this question or call our office fotr~assistance.) Name of Owner: Gregory & Carol I{aras ZBA File # ~ -1~ ' I ~tECEIVE® REASONS FOR APPEAL (additional sheets mnv be used with oreoarer's signature): FFB O 1 X013 AREA VARIANCE REASONS: OfIARDOFAPPp~LS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detrimenT' to nearby properties if granted, because: This is lot number 45 in the subdivision known as Orient by the Sea, Section Two file number 3444 dated October 26,1961. The property is developed with a single famil home located 80.9 feet from the top of the bluff. The proposed pool is in the side yard in order to maximize the setback to the top of the bluff. The proposed in ground pool will beat the required 10 foot side yard and 83.6 feet from the top of the bluff. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The home is existing and placement of the proposed pool in the rear yard would increase the variances required from the top of the bluff. Placement of the pool in the front yard would adversely affect the character of the community and is an undesirable location. The side yard will place [he pool adjacent to the living area of the home and adjacent to the established concrete patio. (3) The amount of relief requested is not substantial because: The lot predates zoning, and the subdivision setbacks were established prior to enactment of zoning regulations from "tap of bluff'. Ther pool will not be located any closer to the bluff than the existing house. Placement of the pool in the side yard preserves the environmental benefit to the owner and community of maintaining structures away from the top of the bluff. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The setback of the proposed pool is more than 83 feet from the top of the bluff. The bluff is armored with natural stone and will be further protected by the proposed revetment (revetment has all required permits) (5) Has the alleged diDiculty been self-created? ()Yes, ar (X)No The lot ispre-existing nonconforming as to set backs. The existing home provides inadequate room to place a pool in the "rear yard". Are there Covenants and Restrictions concerning this land: X None applicable. Yes {oleasejurnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box IF A USE VAR/ANCE /S BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VAR/ANCE SHEET.• (Please be sure to consult your attorney.) Si ure of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Swor efore meth' day G 20 ~ l~ ` 6ETSY A. PERIONS Y A. P RKINS NAY pub $tt~ of New Yodt Notary Pu a of New York Na 01 PE6130638 No. 01 130636 Ciueliffed in Suffolk Cou _ , . in olk County COmm18810n Expires July 18/r / 7 ca:,,: - ply 1e, - i r APPLICANT'S PROJECT DESCRIPTION f° {Oct (For ZBA Reference) ~ECEIVEt~ Applicant: Gregory & Carol Karas f=EB 01 2013 Date Prepared:January 28.2013 GUARD pF APPEALS I. For Demolition of Existing Building Areas Please describe azeas being removed: IL New Construction Areas (New Dwelling or New Additions/Extensions): POOL Dimensions of first floor extension- Dimensions of new second floor- Dimensions of floor above second level Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed-_ If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) See survey by Metes and Bounds surveying dated 11/11/12 proposed in ground pool (attach extra sheet if necessary) - Number of Floors and General Characteristics BEFORE Alterations: not applicable Number of Floors and Changes WITH Alterations: not applicable IV. Calculations of building areas and lot coverage (from surveyor): Proposed construction 420 sq.ft. Swimming pool, on grade patio between existin deck and proposed pool (less than 20%) ' /{oux 2j~ /fevx 4 ~v~ /3. 5~~~ ~y,i Proposed increase of building coverage: 420 sq.ft. ~a, ~9 ~ 1 J i Squaze footage of your lot: 23,762 SF or .546 acres Percentage of coverage of your lot by building area: /~%~,p/ V. Purpose of New Construction Requested: proposed in ground pool VI. Please describe the land contours (flat, slope etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): property adjacent to Long Island Sound proposed rock revetment approved by DEC and Trustees tto be started in Spring) Please submit seven (7) photos, labeled to show all yazd areas of proposed construction after staking corners for new construction), or photos of existing building azea to be altered with yard view. 7/2002; 2/2005; 1/2007 • ~ ~6~~ r~EECEave® QUESTIONNAIRE FEB O1 2013 FOR FILING WITH YOUR Z.B.A. APPLICATION OWNER: Creeorv & Carol Karas 30ARD OFAPPEALS CTM: 1000-15-3-3 A. Is the subject premises listed on the real estate market for sale? Yes XNo B. Are there any proposals to change or alter land contours? 8 No ? Yes, please explain on attached sheet. C. 1) Are there areas that contain sand or wetland grasses? yes 2) Are these areas shown on the map submitted with this application? ves 3) Is the property bulkheaded between the wetlands area and the upland building area? proposed rock revetment 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? _yes Please confirm status of your inquiry or application with the Trustees: ves after ZBA and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? yes- bluff but at more than 80' from too of bluff E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at [his time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? no If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel house with patio and proposed use in round pool (exam es: w 's mg: single-family; proposed: same with garage or pool, or other description.) % ~ Authctriz Signature and Date 2/05; 1 /07 PROJECT ID NUMBER 61720 SEAR APPENDIX C ~J STATE ENVIRONMENTAL QUALITY REVIEW RECEIV!/Eh~ SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Onty FEP PART 1 • PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) ~~~3 1. APPLICANT/SPONSOR 2. PROJECT NAME ~OgRD OF qpp GK '~C2r~a/ ~~~as r:rz~v7~/%o/ qLs 3.PROJECT OCATION: ~3S c~J(Jr1C~v CU/ • Munk;lpality ~~7 G'~IZZ Sc'Lr-rvlo ~d County ~_`r 4. PRECISE LOCATION: (Street Addess antl Roe/d~ Interseclbns. Prominent landmarks etc •or provide map 3 `J' SG>?nc'~?iCC,J f'fV'e ~rZ ~~rL'~. /oc~o '/~s' 3-3 5. IS PROPOSED ACTION ~ New ? Expansion ? Modification I alteration ~Oi 8. DESCRIBE PROJECT BRIEFLY: / ,O /fi ~,rrJUn~'~~t~c~~ /h 5/c% ycL,rr~/ /~7,f ha%lc ~ 144~X//rt um Cl/ s/~~"~ `7 ~3 7. AMOUNT OF LAND AFFECTED Initialry /yj acres Uldmatety r ZS` acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR pTHER RESTRICTIONS? ? Yes ®No II no, tlesuTibe briefly: jLa{ V~2~?t/ ~ ~~,r!'L.t./~ /tD ~ lr?~~ 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECTS (Choose as many as apply.) Residential ? IndusMal ? Commercial Agriculture ? Park / Forest /Open Space ?Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ~Yas ? No 0 yes, Ilsl agency name and permit / approval ~ ~wiR~ , 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ?Yes ®NO II yes, list agency name and permit /approval: i AS A RE ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? e8 No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IB TRUE TO THE BEST OF MY KNOWLEDGE Applicant /Sponsor Nam cL~ll~LclQ ~'i1~0~-e- _ Date: ~ / J? i SI nature If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding wkh this assessment >d~cw;avE®~~~ =F~ ~1 2013 :jDARD OF APPEALS PART If - IMPACT ASSESSMENT To ba com leted b Lead A enc. A. DOES ACT10N EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, pgRT 6t].4] If yes, caordlnate iha review process and use the FULL fAF. Yea ~ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN6 tJYCRR,PART 677.67 U No, a negative deelarathnmay be supersedeo try another Involved agency. Yas Q No C. COl1LD ACTifN4 RESULT INANY ADVERSE EFFECTS ASSOCIATED WffH THE FOLLOWING: (Answers may be handwdaen, it IeglWe) Ct. Existing air quality, surface or groundwater qualty ar quantity, natse levels, existing traf6a panem, solid wastepreaucUon ordisposal, potential for erasion, drainage wflooding lama? Explatnbdelly: C2. Aes@tedc, ~rfuvltural, arGraeologka., hlstpdc, a ptner natural orcullural resouroas; or community.or nelghbodiood characteR Explain brfBRy: C3. Wegeta onor fauna, fish, shallflah a Idllla species, aignlflgAl habUats, or Uvaatened M endangered spaMes'! plainbrlafly: C4. A oortsnunllyh edstlng plans orgoals as olfidalty adopted, or a chanpain use or Intendtybtuse of Ian er ether naiuratiasoumea] Fxpteinbdeay C6. Orowth, subsequent UeveiopmenL or related activitleslikaly to be Induced by Uui proposed action? ExpWin bAefly: C6. Long farm, short term, Wmulative, a other e6ects not idenUlled in Ct-C67 Explain briefly: CZ Omer im cts. Qncludi than es in use of either eanti a t of en@. 7 Ex Jain epeU D. WILL THE PROJECT FIAVE AN IMPACT ON THE ENVIRONMENTAL CHARAGTER1571CS THAT CAVSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CFJf7 II ea,: ex lain pde Yes ~ No E. IS THFJ2E, OR IS THERE LIKELY Tq BE ~CO. ftOVERSY RE TED TO POTE AL 'VERSE ENVIRO ENTAL.IMPACTST K ea ex ain: Yes ~ No PART ill • DETRRMWATION OF $IONIFICANCE (TO be completed by Agenq) INSTRUCTIONS: Foreactadvarse effect identified above, determine whetherftis sotistantlal,.IOrge,importsnl grothervyisesignficant. Each effect should be assessed in connection with ifs (a) setting (i.e. urpaA a roreq; (b) probablllty cff oocurrtng; (c) tluralion: (d) NrevareibWity: (e) 8eographic snipe; and (q magnRude. If necessary, adtl aitadsmenta or reference supporting. materials. Ensure that explanations contain sufficient detail to show that all relevant adverse Impacts have bean idangfied and adequately iftldressed. It quastfon d of part ii was checked yes, thedeterminatidrtatsgnificance muslevatuate the potentialimpactpftha prpposedaction aniha envkonmengl sharacteris6csofthe CFA. Cheek INS box lfyou have ldentifletl oneormore potentially large or significant adverse Impacts WhlcbMAY decor. 7henproceed directly to the FUL EAF and[or prepare a positive daGaration. Check this box If you have tletermined, based an Ufa informalian and anetysls above and any supponing dacumentation, that the proposed aqi WILL NOT msult in any sgnificant adverse environmental impacts AND provide, on adadrments as necRSSary, the reasons supponkp ihi determination. Name of Lead Agency Date nt or ype ame o espons a car n ea ency Title of Responsrble Officer Signature a Responsible icer in Lead Agency Signature o Preparer ( di erenl rom responslbla o er l- ~~~EavE® AGRICULTURAL DATA STATEMENT '=E8 0 ~ 2013 ZONING BOARD OF APPEALS tIARDOFAppEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM.• The form must be completed by the applicant for any special use permit; site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural district.. AIF applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the Genepral Municipal Law. 1) NameofApplicant:_ ~1 ~ 2tc t n C ~ ~c L 2) Address of Applicant: ~ u ~ 1-1 A , 1J ~ ~ •~A n ~ 1 ~ ~ 3) Name of Land Owner (lf other than applicant) : ~~;%t=~p2~ w ~ q~ I k ~ A) Adtiiess of Land owner:' 5) Description of Proposed Project: C O<l c t~ y~ e~ i n a ~t i d s m m 6) location of Property (road and tax map number): i ~ ~ t { ~ ; SC'CF-t t~ - lS- 3- 3 _ 7) IsYhe pazcel within an agricultural district? ~No 1~Yes If yes, Agricultural District Number 8) Is this. parcel actively farmed? ~No ?Yes 9) Name, and address of any owner(s) of land within the. agricultural district. containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through .the Town Assessors Office, Town Hall. location (765-1937) or from aqy public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System: Name and Address I L ~ 2. ~ n 3. rw~ 1 'N I 4 r`t 5_ 6. (Please use back side ofpage if more than sixproperty owners are identified.) The lot be obtained, in advance, when requested from either the Office of the Planning Board at 76$-i'438 orthe ing Board of Appeals at 765-1809. t ~3,J~ 13 Signature of Applicant Date Note: I. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of Phis statement 2. Commentsreturned [o the local board will be taken into consideration as part of the overall review of this application. - 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the boazd to fhe property owners identified above. The cost for mailingshall be paid by theapplicant at the time the application is submitted for review. Failure to pay at such time means4he application is not complete and cannot be acted upon by the board -14-09 6tECEIVED ~ ~J FEB O1 Z013 APPLICANT t3DARD OF APPEALS 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 Dart of Town officers and emolovees The Dumose 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: Gregory & Carol Karas and PatriciaC. Moore Esq._ (Last name, firs[ name, middle initial, unless you are applying in [he 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", name the activity: Change of Zone Approval of Plat Exemption from Pla[ 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 NOX 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 applicanQ and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5%of [he shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in anon-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submittedth~is--a7 da~f ea~f Print`I•}am7e:/Crete&'C~arol Karas - / ',..tcia C. Moore • • ~ 6.~ JIECEIVE® LWRP CONSISTENCY ASSESSMENT FORM r=Eg D ~ ZO13 A. INSTRUCTIONS ~tUARD OF APPEALS 1. 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. 2. 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). 3. 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# 1000-15-3-3 OWNER: Gregory & Carol Karas 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 Appeals X 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: X Variance ftECEI1lED~ Nature and extent of action: in ground pool FEB O 1 ?013 Location of action: 135 Soundview Road. Orient Site acreage: 23.762 sq.ft. ~~pARDOFgppEgtS Present land use: single family dwelling Present zoning classification: rr=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 owners: Gregory & Carol Karas (b) Mailing Address: 8025 Harborview Terrace, Brooklyn NY 11209 (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 the house and proaerty is preexisting nonconforming. The setback from the top of the bluff was established by the existing house. Policy 2. Protect and preserve historic and azchaeological resources of the Town of Southold. See LWRP Section III -Policies Pages 3 through 6 for evaluation criteria Yes No X Not Applicable land is not identified as area of Archeological Sensitivity or on the National Register on Map produced by NYS Dept. Of State. Division of Coastal Resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III -Policies Pages 6 through 7 for evaluation criteria X Yes No Not Applicable The proposed in ground pool will be in keeping with the surrounding homes The proposed setback of 83 feet prevents non-point source pollution prevents flooding and erosion. ~ ~ x~ceaVE® FEB 0 ~ 2013 NATURAL COAST POLICIES aOARD OF APPEALS 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. Rock revetment and natural holders protects u Ip and property from flooding and erosion 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 all construction will conform to regulatory standards 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 proposed in ground pool will not adversely impact ecosystem. 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. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. X Yes No Not Applicable Solid waste is controlled through town-wide recycling, no hazardous substances proposed at site. 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- proposed pool is landward of top of bluff. 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 in establish property and neighborhood 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. _Yes No X Not Applicable ,property is protected from encroachment into wetlands by bluff Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III -Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area has not developed for agriculture . 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 accessory use to 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 ~~3~ .~l ceave® ~~B 01213 *copy of Town form created on 5/25/05 ~t)ARD OF APPEALS TOWN OF SOUTHOLD • BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following, before applying? TOWN HALL Board of Health SOUTHOLD, NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Boazd approval FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form REt;EXi/E ~ ~ N.Y.S.D.E.C. Trustees Examined ,20 ~E(~ (1~ Zd~3 Contact: Approved 20 Mail to: ~ Disapproved a/c 23 BOARD OFAppEALS Phone: I (Q ~ - 'y~ Expiration , 20 1~ ~ Building Inspector `-lJ APPLICATIONFOR BUILDING PERMIT D ~ 1~ I!~ IJ~~~I Date ~ - ~ g" , 20 ~3 t,'-11 RR 99~~~~qq !I~ I I ! INSTRUCTIONS is a~11CatPotf NH7S'I' bel I~ etely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of tans accurate plot plan to sc e. Fe according to schedule. b. Pl gY+~tg- ocation of lot and of buildings on premises, relationship to adjoining premises or public streets or azeas, d waterway~~,o~ `~~i'~"a~~' ~ c:'The woik covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. E Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housi ulations, and to admit authorized inspectors on premises and in building for necessary inspections. - (Signature of applic or name, if a corporation Slow /1~1Cyvt (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder ~'C'~U2 ~ ~ ` l~ b ~ ~ - ~A-'2 t ~ 1 A C Gi7'e Name of owner of premises % O R.U ~ R ~il~ ~C;Q-/L A~ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be do~ e:n House Number Street Hamlet I~~p y~ j County Tax Map No. 1000 Section t J~ Block 3 ~3taY~raL~ t;•'^~°-°'`t'ti'~Gr~ Subdivision{ (~P p G oR. ~~ur 6~-i t!-l,r .i c ~ Filed Map No. °''r ' " (Name) ~C.71 v~ ~ ,.~}-j ir~P`.:c' rim i . ~!7SJ .,~...._,Iir y9uL eet,q,~.:t::t:scir~~r;>;,? 2. State existing use and occupan• f premises and intended use and occup• of proposed construction: a. Existing use and occupancy ~l`o CJ SP 3~ b. Intended use and occupancy ~l p~iLd~P ~()/p ~ 3. Nature of work (check which applicable): New Building pO / Addition "'e'°~EALg Repair Removal Demolition Other Work (Description) 4. Estimated Cost ~ Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front ' Rear ~ Depth Height / Number of St ries 8. Dimensions of entire new construction: Front ~ Rear ~3' ~ Depth Height Pao / Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO_ ~O ° ~ ~ ~ 13. Will lot be re-graded? YES_ NO_Will excess fill be removed from premises? YES_ NO_ 14. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? *YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: CO(U~NTY OFi~[~) ~ 2.l ~ fk C N-L.m`~(2 being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above n/am, ed, (S)He is the (;t.. ern -P.L.I ~ C Q~ (1 1' (C tractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Swom to before me this l ~ day of 20 13 otary ublic Signature of Applicant BETSY A. PERIgNB Notary Public, State of New Yl~k No.01PE6130838 Quaiffied in Suffolk Commission Expires Juy 1 ; • i SURVEY OF f Fli '~~;5 013 LOT 45 MAP OF pFgppSA~ ORIENT BY THE SEA ISLAND SO SECTION TMO LONG' n~E Ne. sass nfEO ocroeER xa, ,se, SITUATE 82.75' ORIENT POINT A 15.35" E N gS28'371e,,,, a-`~-^"~ TOWN OF SOUTHOLD N ~ ~ Rw~~ SUFFOLK COUNTY, NEW YORK _ " S.C. TAX No. 1000-15-03-03 ° SCALE 1'30' ~ / / / +m AUGUST 12, 2008 o ;o N NovENRER zo,a AODEO PROPOSED roa a ROOK RCVENTNENT 0 Y ~ . .a:. AREA . ]3.7SI w. n. o _ i i Va a uq o.bas as r ~ 4 ' / ,v AI~WI,i~M fI. i/// ~ . ~r / i V re~mssm \ v r~ w.. ®r Ay ~ ' /11 'T. ` M - Zt a ~ ~a ~ s y ~ ~ i I I ~ z pd I 's' ~ g ~t,';:f E ~ . I ~ 'y ~ ~ ~C a..v a.,w 6 g N M1Y ~ e ~ rRwE a i~ t Ww. b_ ~ _____4_ =~~r W '~f. m i.y ~N1Y t i , . Ji •~y p.^ / ~ ~ ~1 .4 4y~ ~~l 2A _.yc1 _P~q~.Q' T~,d `0 f ~~i~ Sly 'y9~~y,~<n1' 1"O f~'S°3 Nh-q' v,`. W V,- ~ ~ ~ ~ d ~ . t~J ~ a p~a~~. smrss AND sovrms sVRVSYIITa a AMAGYI ARAL ~ w. v caw, xr. >>m ELEVA710N5 ARE REFERENCED TO N.O.V.0. 1829 OATUN nu[(cOr ~ .a~vv E%ISfiNO ELFVATN)NS ARE SHOWN TNUSUOO °P"ru+P+.,~i.~7,^ E7fISDNO CON70UR ONES ARE SHOWN THUS: - - -n- - - ~-~r'~ r w-n~xv aR°'m~ w:m moam sniomie Osnacrt ,mo "",$,Z'`T y maim a: acrt.oM 4 .ao. ourtr wN ~ ~ ~ m m Nn: me vm n. ma ~ ~ "rtECEIVE® DEB 01 2013 ~OARDOFAPPEAI s Greg Karas 8025 Harborview Terrace Brooklyn NY 11209 Apri127, 20l 1 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: I, Greg Kass, hereby authorize you to make any and all applications to the Suffolk nys DEC, Army Corps of Engineers, Southold Town Trustees, and any other necessary agencies on our behalf regarding our property located at 135 Soundview Road, Orient, New York (sctm: 1000-15-3-3). Very truly yours, ~1s/// GREG KARAS '~'.FIVE~ = i . I - - , , ~~-R ~T' ~y. ~ _ - ~ . _ -.cam s~ = , - ~ ~ ~ - r.~. }~d~l tC' ~ r. 4q, t ,F9 ~ C II~~. ,Z. n S ~ ~ _ r~ ~ - - _ , ~~s~. 'f ; r SAY r ~ , 4 J4 ~ ~ t n • fir.; ,~,~~=~7h s~'J 8 ~ J ,r'.~ta; 'iCK~ ~I+rt,,\.tt'~R" )"R ~ ~a i ~N~~~ ~ g ems. ~ ~:1 a 4 , , h, ~ ~ ~YJY~.` r'~Y/a°4.r ,t y,F aY~tJ ~4 ~lFp~ ~ ~ ¢ r ~ t yM S r ; Il i~a.~ ~~~tw~f ~ 7 ! r >~'q \ '"n, Jyt•r ~ '7~~~J, Y Y ` - ~ :Y . ~ ~~~`-1 ~,~.p a?~, i>J ~t"r~W' 4ty~ n "I~~~ 1 s h 4 VA1~ r _ t r:.+i - r: - . i., _ _ \ , kl l4 ti' yam. r ~ 4 F , hARAS xR r ~ r~H~r~~C1y~k~#Z ~iln~N~i' 1~, L~~ ~ -D~ 3„ j~ J s. ,r$1~ may,:-! - < p ~ ?t ~b ,'nl,.`~~~ iJ , t. a ~ 3 ~ `E+ t ~ ' I ~ yg 'i ~ ~ ~ ~ ~ 1 '+f i SCTM: 100-15-3-3 ''73~g,~}~"'~r~n'~'~~a_yft~'i~~(I{Ipi'.,~ ,4x 11'R ~ l~,'` ~~4,~~"k 13.5 SOUNDVIEW ROAD, ORIE'~ ; wz~YA~,,t ,`.'1`'.'d` 4; t, ttt ` ~,CA .~N '',~~~Y~ fa , b ~ 6;;.,. ~ ' 4 N ~t ~ r MI, ~a I~~~~. ' iti'a K JN1~ 1 S 1?_ ~ r~;k4 ifi ' p #}'e 1' 'k ~ 5~ . .•.111.1 b +~j 4 ~'JS ~ ~y , . ~..Y tis.~ r'l i• ~ -"k'I(: \~{,:,t 4• `'r-i.ab.~'\,y1t 1''_ M 4~~ r _ i~ KARAS . SCTM: 100-15-3-3 ~ ~ 13> SOUNllVIE~V ROAD, ORIEN" ~CEIVE® ~.s _ 01 X013 , - - ~ ~ =:ir~ARDOFAPPEALS ~ - - •w a .wt l ~ .j' .-r.. ~ - ~ 4 d .~5 - \ \5` d _ ~ - ' .~.a i ~ r. - ~ tF, ' • M t - . C . _ `Jx }eJ'_. ~ ~ _ _ - '~{.y 9/fir - _ _ _ - - tiT - - ~ _ _ . _ _ _ - ~rY%1y - 5.' r ~~,a 'a VHF- Y f ~ 4 i+_yL~. 7~r b~ ~ _ ,,.t W 1.~ r ~yxn i°9Q5~ + ~3 a~. ~ ti t~~.. :a...r'. -'::•R ~ ~y-~ ~ fjn i",~.r: F S~.`ijyf fi < -~+'N~f ~S ~ ~ y ` `..1 ~Y ~ZP t ~r-~ h S~ i p ter, ~ .5 ~ , i ,'+Y it f' IVY.?~54"^a~V' 7 Fa'~ r ~ .'1'p "r ~ ~ .!k•' t ~ r "r l• C;'.,Y~y~ ~x~' LF ~ ,,s -:^i. b ~y "tiyA3~ ri. i.l.~,~~a~"~l]' ~ F ~y ~ ''yy y7q~ alit ~ f .i~ .4 l~~r 3'S . ;G ! r; t ~ ~y~ ~i,~' 4n4~~r ,mot . i~~rtk4 ~'~'~~+F ,•~-r ~ ~ tN ,+~~i ~9c.'1fy'`; i• ~ ~n . '1"~ A,e aFo 1 r j'~~ ~ > - r . 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Yihf'~g i'Y~~ ~i,,~::~ 1~., ~U'~, ~d a o _ ~ TOWN OF SOUTHOLD P~cOPERTY RECORD CARD N U~ ~ S STREET ~ 35 ~ VILLAGE DISTRICT SUB. LOT ~ ~ FORM OWNE N E ACREAGE 6 ~ `fF _ x~ Z_ 5 W TYPE OF BUILDING CoIP" CJ. vzLLR /9 No RES.a~b ~ SEAS. VL. FARM COMM. IND. I CB. MISC. Est. Mkt. Value ND IMP. TOTAL DATE REMARKS 0 0 6 /l9 'I k LLD, l E.f° ~/Oc i z $L.p Pv ¢ Aw ~ , o v Q!1 9OD ~ ~ ~ ~>S !0 /1 I?~' SoLD D, LA RN9, io A. J~vc- R ~ f z 3~q2 3 ! o ~ ~ , o o ~lao ~ r~~' o ~ ' ~ 5 ru c~ o h~t~~~`n~tR ~ 1,~~°-, 3 i a~ ~z v ~ i~3 0 ~ ! sr z 9 8d a - L l15 /7 5 - ?el/ fo u ~ D o o ~ ~O~ JI~O 88 .~'4~~ !t! qua 0 3 4as 9a-~P an98-o-cons, ,b~c~' A~~', f,'ov,- - 4r'r,~;4,,.,. ~ ~ IAN L BLOW E FRONTAGE ON WATER ~ ~ ~ ~2 ~ Farm Acre Value Per Acre Vo ue FR NTA N _ ~ a ~ Til 1 BULKHEAD Gj ~r~g BP~ ,j(,~~$8 1n 10( eXtC.fiGr tQ„(~" Tillable 2 DOCK Ti I table. 3 ~ECEaiJE~~ woodland EEB O1 2013 Swampland ROARp OF gppEq Brushland House Plot Total > , _ _ . - - p T ~OEII/E(~ ~ ~ 30 E _ - FEB 01 2013 F . BOARD OFAPPEALS w_ ~ _ ' Vii. ~ ~0~ ~ _ r ~ I _ t< _ i ~ ~ ~ ~ Ci I S 1 ~ GK P~`~~ - i - ~ '1 i ~ i ~ F ~ - - ~ I ~ ig ~s', I / X I I i j i i i ~ ~ ~ I ! i ~ , ~ I ' Y ! Foundation Bath ! 1..Bldg. ~`r'X33 , = ~ ~ 1 ,3~ 3S G 3 . s Ktensio+~ ~ 3 ~ Si JO Basement ~ k7-- . Floors O ~ i8axzc =mar/ ~ct~Qs}on ~~KSG ,~s8 ~9z ~ 3 / 6ct. Walls wd Interior Finish s~'~,¢O~~ i K /,7 xte~ Fire Ploce Hsot L ~c ~rcl~. G2 1bX~ " ~b i~~~i \3 i Porch Roof Type ~ i..trlnaMo v = =~2 ~ R3 ~ ~7o Porch V Rooms 1st Floor reezew~ XZ x~4 _ 76 Potio Rooms 2nd Floor garage Driveway Dormer 4 B. ~ „s - ^0 Fi \ (n B 4 ~ COLOR TRIM G1EfbESVE~ 15:3-3 6/11 FEB 41 2013 ~ r~OARQ OF APPEALS 1st 2nd M. BI ~ Foundation Pc OTHER Bath Dinette ~gX33= (a2 5- 3'~ \ FULL COMBO t Extension a `q~ Z'~ 3 ~ Basement sue PARTIAL Floors Kit. E e sio t3 Ztee- 331 8=l 2 -9-~ cJc~~OS Finished B. Interior Finish L.R. 5.5 >l t3 = ~3 x ension ~5c c~ ,O Fire Place Heat D.R. sw( o~ Garag ~~.X23 = 3 ~~}(p Ext. Walls BR. Porch r~.~ LO = 5D ~5D ~ Dormer Baths DecWPatio X ~ 4-~ 57 ~ ,25" l 4 ~ ~o~ Pccf~ta~.t ~ Fam. Rm. Pool Foyer A:C.dt~n,~l3 ~ Laundry O B Library/ Study S ~ LO t 5'= ~ SO ,2.s ~a~ 1o a i • ~ • ~~3° TOWN OF tiODTROLD, NHW YOBS nATE Jan. B., 1Ejil~® ACTION OF TB8 ZONING BOARD OF APPEALS __^r, n ~ 019 Appeal xo. 2499 Dated November 27, 1978 tD V J ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOiITHOI.D ~~®ARD OF APPEALS To Dolores G. Avella Appellant 536 6th Street Palisades Park, New Jersey (Charles Devoe, as Agent) at a meeting of the Zoning Board of Appeals on December 21, 1978 she appeal was Mnsidered and the action indicated below was taken on your ( )Request for variance due to lack of access to property ( )Request for a special exception under the Zoning Ordinance Q[) Request for a variance to the Zoning Ordinance ( ) 1. SPECIAL EXCEPTION. By resolution o[ the Board it was determined that a special exception ( ) be granted ( ) be delved pursuant to Article Section SubaeMion Paragraph of the Zoning Ordinance and the decision of the Huildfng Inspector ( ) be reversed ( ) br ronftrmed because 7:40 P.M. (E.S.T.) Upon application of Dolores G. Avella, 536 8th 5tre~t Palisades Park, New Jersey, (Charles Devoe, as Agent), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 and Bulk Parking Schedule for permission to construct a house with a reduced front yard setback. Location of property: Lot No. 45 of Map No. 3994, Orient-By-The-Sea, Section Two, Orient, New York. 2. VARIANCE. By resolution o2 the Hoard it was determined that (a) StriM application of the Ordinance (would) (would noq produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shazed by all properties alike in the immediate vicinity of this property and In the same nee dlatriM because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character o1 the dislrlct because SEE REVERSE and there[ore, it was further determined that the requested vaziance ( ) be granted ( ) be denied snd that the previous decisions of t'h1e Huildtag Inspector ( ) be mntirmed ( ) be reversed. SEE REVERSE API'~f:OVED Ij'~\\ _ 11Z ING BOARD OF APPEALS FORM ZB4 (;i:u 1• d ~ECIEIi/EtU FED OI ?013 After investigation and inspection the Board finds that ti~~'~RO ~FAPPEALS applicant wishes to reduce one of his front yard setbacks. The Board finds this is an unusual hardship to have two front yards and thefact that this is a lot with 100 feet of frontage really minimizes the area on which a house can be located. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED, that Dolores G. Avella, 536 8th Street, Palisades Park, New Jersey, be GRANTED permission to construct a house with a reduced front yard setback as requested. Location of property: Lot No. 45 of Map No. 3444, Orient-By-The-Sea, Section Two, Orient, New York. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglass. x ¦ rL~~rzr~D Hr-~ .ar~yv ~v TI"_:; EOU i.:OF.D TO ~ CL=':~3 DATE//it~'~7~J HOUR ~I%~•~ Town Clerk, Town of Southold - APPEALS BOARD MEMBERS ~o~~gpFFO~,rCO~ SCOTT L. HARRIS Gerard P. Goehringer, Chairman c ~ Supervisor ~ ~ Town Hall, 53095 Main Road Serge Doyen, Jr. O James Dinizio, Jr. P.O. Box 1179 Robert A. Villa y~~l ~ Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Telephone (516) 765-1800 BOARb OF APPEALS ~~O 3J TOWN OF SOUTHOLD RECEIVE® ACTION OF THE BOARD OF APPEALS Eg O1 ZO1~ Appl. No. 4125 - GREGORY POULOS. Variance to the ZoningARD OFAPPEALS Ordinance, Article JO{III, Section 100-239.4A(1) for permission to construct deck addition (to existing deck area), all of which is located within 100 feet of the Long Island Sound bluff or bank. This parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 135 Soundview Road, Orient, NY; also known as Lot N45 on the Map of "Orient by the Sea, Section Two"; County Tax Map Parcel No. 1000-15-3-3. WHEREAS, a public hearing was held on September 10, 1992, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Hoard has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application appealing the August 20, 1992 Notice of Disapproval by the Building Inspector for relief under Article JO{III, Section 100-239.4 for permission to locate a proposed open deck addition to existing dwelling. The setback proposed for the new deck addition is shown by the applicant to be not less than 70 feet from the top of the bluff/bank. 2. The subject parcel contains a total lot area of 24,745+- square feet with frontage of 100.0 feet along the north side of Sound View Road and 246.91 feet along the westerly property line (shown as Ryder Landing), as per a survey prepared by Roderick VanTuyl, P.C. dated April 11, 1980. 3. The land is improved with a two-story, one-family frame dwelling situated 40 feet from the front (southerly) property line at its closest point, 10 feet from the westerly property line, 29+- feet from the easterly side property line, and 85+- feet from the top of the bluff/bank of the L.I. Sound. ' Page 2 - Appl. No. ~5 • (p( 3~ Matter of GREGORY POULOS ' Decision Rendered September 10, 1992 nZECEIVE~ s;1 2013 3OARS> OF APPEALS 4. The new open deck area is proposed to be a partial wrap, around the northerly six-sided section of the existing dwelling. The new deck is shown to be an extension from the north side of the house by 12 feet. The total distance requested in the application is 70 feet from the top of the bluff to the steps (see sketched-in survey submitted by the builder, Blair Dibble, in behalf of the applicant). 5. Upon inspection, it was noted that the setbacks to the bluff in the area are similar to that proposed by this application. It should be understood that in the event there is (rain or snow) water runoff towards the bluff, it will be necessary for the owner to provide for surface piping and/or drywells landward of the house to retain the water runoff and aid in the prevention of drainage towards the bluff. 6. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 7. For record purposes, the following information is noted: (a) other agency approvals or waivers may be necessary and this determination shall not affect the validity or more stringent requirements by other agencies (Town Trustees, DEC, etc.). (b) a variance was rendered December 21, 1978 by the Southold Town Board of Appeals for a reduction in the westerly (front) yard area, as exists for this dwelling structure. (c) the subject parcel is identified as Lot No. 95 on the Map of "Orient-By-The-Sea, Section II," Map No. 3444. 8. It is the position of this Board that in considering this application: (a) the relief requested is substantial in relation to the requirements, however, there is no alternative for appellant to pursue other than a variance due to the nonconformities of the land and the restrictions by the zoning code regulations in other yard areas; (b) the grant of the requested relief will not alter the essential character of the neighborhood; the area of construction is proposed to be at a setback similiar to and ' page 3 - Appl. No. 4~5 • ~D(o 3~ Matter of GREGORY POULOS Rt:CEx11E® Decision Rendered September 10, 1992 ~FB O1 2013 !BOARD OF APPEALS landward of structural setbacks established in the immediate areas; (c) the difficulties are uniquely related to the property and its topography, and the difficulties claimed are not personal to the landowner; (d) the difficulties are uniquely related to the land in question and has not been created by the landowner - the nonconformities of the land and principal building preexist the enactment of the bluff setback regulations adopted in 1985; (e) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (f) the variance will not cause a substantial effect on governmental facilities; (g) in view of the manner in which the difficulties arose and in consideration of all the above facts, the interests of justice will be served by granted alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief requested for a setback at not less than 70 feet for a proposed open deck addition in the Matter of the Appeal No. 4125 (Poulos), SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no physical disturbance to or close to the bluff area, and that protective hay bales shall be placed. 2. That the deck remain unroofed and open at all times, as proposed in this application. 3. Proposed lighting, if any, must be of a ground-type (no pole lighting), shielded to prevent glare from the site. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio and Villa. This resolution was duly adopted. ' RECEIVED AND FILED BY'` k THE SOUTHOLD TOWN CLERK DATE~`~~3~r~ HOUR'S SZP~'~-^- "~~.fuJa~i Town Clerk, Town of Southold erk of t e Zoning Board ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 2-4-13 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP 6630 KARAS, G. & C. 114 $1000.00 RECEIVED outhold Town Clerk TOTAL $1000.00 Sent via Inter-Office to Town Clerk by: ES Thank you. .Town of Southold • P.O Box 1179 Southold, NY 11971 * * * RECEIPT Date: 02/06/13 Receipt: 146374 Transaction~sl: Reference Subtotal 1 1 ZBA Application Fees 6630 $1,000.00 Check#: 114 Total Paid: $1,000.00 Name: Karas, Carol & Gregory 8025 Harborview Terr Brooklyn, NY 11209 Clerk ID: CAROLH Internal ID: 6630 • o~OgOFFO(,~co ELIZABETx A. NEVILLE, MMC h~ ~y Town Hall, 53095 Main Road TOWN CLERK o= ~ P.O. Box 1179 y Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS p _ .~C Fax (631) 766-6145 MARRIAGE OFFICER 'j~ Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER ~ wwwsoutholdtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: February 6, 2013 RE: Zoning Appeal No. 6630 Transmitted herewith is Zoning Appeals No. 6630 of Patricia Moore for Gre¢orv & Carol Karas the Application to the Southold Town Zoning Boazd of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Patricia C. Moore Dated January 31, 2013, Notice of Disapproval from Building Department Dated January 24, 2013, Copy of Application for Building Permit Dated January 18, 2013, Copy of Survey of Property Dated November 11, 2012 Prepazed by Metes and Bounds Surveying, Authorization Letter from Greg Karas to Patricia Moore to Represent Them in this Matter Dated April 27, 201 I, Two Pages of Photos, Two Pages of Property Record Card, Two Pages of Action of the Zoning Board of Appeals No. 2499 Dated November 27, 1978, Three Pages of Action of the Board of Appeals No. 4125 Dated September 10, 1992, Survey of Property Dated November 11, 2012 Prepared by Metes and Bounds Surveying. ~ lo~~~ VARIANCES ALONG SOUND VIEW AVENUE AND LONG ISLAND SOUND Applicant: Gregory & Carol Karas Orient by the Sea is a developed subdivision tiled in the Office of the Suff County Clerk in 1961: the subdivision predates the zoning setbacks from the ton of the bluff The lots have less then the one acre in buildable area. There are three pools along the tou of the bluff built prior to bluff setback limitations (see Google Manl. The uroposed construction of a 420 sa ft swimming pool with an on grade patio is located at the maximum distance from the bluff. next to the existing deck The Karas oroaerty is adjacent to Long Island Sound and a proposed rock revetment has been approved by DEC and Trustees to protect the toe of the bluff from erosion(to be started in Sprinal TAX MAP 3 ADDRESS ZBA # RELIEF REQUESTED 1000-IS-3-4 130 SOUND VIEW ROAD 4/23/87 #3613 DECK WITH INSUFF[CIENT SETBACK FROM BLUFF SAME SAME 6/28/07 #6049 7/12/07 #6094 SIDE YARD AND SETBACK FROM BLUFF (33' STEPS/36' DECK & ROOF) 1000-15-3-7 SOUND VIEW ROAD 9/2/76 #2176 ATTACHED GARAGE IN FRONT YARD 33' 1000-3-11.1 SOUND VIEW ROAD LOT 24 Orient-by-the-Sea Sec.one 8/24/72# ]643 CONSTRUCT DWELLING WITH INSUFFICIENT FRONT YARD SETBACK (43'' 8") 1000-IS-3-]6 1425 SOUND VIEW ROAD 3-]9-09#6256 & 6256 15T STORY ADDITION 8T FROM TOP OF BLUFF; 12' SIDE YARD; AND DECK ADDITION 1000-15-03-019 CORNER SOUND VIEW ROAD (1450 Three Waters Road -corner) 9/] 3/07 #6054 GARAGE IN SIDE YARD j ' i w~ a v • F } ~~l ti L, O _ f~ [e earth feet' 900 meters 200 • ~ /.30 oSorurd . ?Ew~fO 6~.£id-.vT 3 I, Ay, ~a~89 36/3 ' ~oNS T.e4CT ~fG .9dd/TiON To -'~"'«~'-?G ,,@¢ j ~,~/i Tf/ A.~/ .~r/S it.F~IL~ENT SET,C9CK FiPa.ar KJL4 pC e~ - j`~-3/~, ~~Tvs ~z~n,v a3ssov u~v/F~ oe~-,~T ~l ~0~9 - add sIA,CT ~ S~ ago ~r~ c4 G~ ~j'-.3 ~'~P off' j B,(uFr'~ aPo a%7'S~.~C~lFSy~b 6~a ~07 o v c.?'' A _ ~ a.-w bo ~J7- ~C o 0 2 ~Je~c. D - ~.t- qty '~/~07 u.,_..i,w ~-,e a ~ a ~ q AHA /a~G~o7 :fit APFEALS BOARD MEMBERS Mailin ddress: pF SOpT James Dinizio, Jr., Chairman yp Southold Town Hall ti ~O 53095 Main Road • P.O. Box 1179 Gerard P. Gcehringer Southold,NY 11971-0959 Ruth D. Oliva ~ Office Location: Michael A. Simon ~ ~ ~ Town Annex /First Floor. North Fork Bank Leslie Kanes Weisman O~~CO~ ~ 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD a "D~ J J;ay4~ Tel. (63t) X65-1tt09 • Fax (631> ~6s-9o64 JUL 2 32001 n FINDINGS, DELIBERATIONS AND DETERMINATION •SOUt O tl wn C erk MEETING OF JULY 12, 2007 ZB File No. 6049 -Brian Retus Properly Location: 235 Soundview Road, Orient CTM 15-3-0 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 SEORA. PROPERTY FACTS/DESCRIPTION: The applicant's parcel is a 22,684 sq. ft. non-conforming parcel located in the R-00 District with 100 feet along Soundview Road, 224.23 feet in depth along the easterly side property line, and 96.59 feet at a tie line adjacent to the Long Island Sound. The premises is improved with an existing 1'r4 story single-family dwelling as shown on survey prepared by John Metzger, L. S. dated August 2, 2006 updated June 5, 2007. BASIS OF APPLICATION: Request for Variances under Sections 280-116A(1) and 280-124, based on the Building Inspectors May 14, 2007 Notice of Disapproval concerning: (1) proposed additions with alterations to the existing dwelling proposed at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, (2) addition at less than 15 feel on a single side yard, and (3) deck existing at less than the 40 feet from the top of the bluff, required minimum under ZBA #3613. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated June 11, 2007 states that the application is considered a matter for local determination as there appears to be no significant county-wide or Inter-community impact. TOWN CODE CHAPTER 2613 LWRP DETERMINATION Based upon information obtained in a referral by this Department to the Suffolk County Soil and Water conservation District, the bluff face appears to be well-vegetated and the bluff appears stable. The bluff is vegetated with herbaceous and woody plant materials, and numerous large boulders are positioned at the toe of the bluff. The Board is in agreement with the June 25, 2007 recommendation of the LWRP Coordinator and based proptued drywall system to lie located at 40 feet, or more, from the top of the blttff as shown on the survey revised June 28, 2007 by John T. Metzger, and no excavation of land between the existing steps and dwelling and the top of the bluff, and hay bales, silt Penang, and non-turf buffer to protect the bank, and the entire record, the application is generally consistent with LWRP. - Page 2 -July 12, 2007 ~ ZB pile No. 6049 -Brian Retus CTM No. IS-3~1 3~ FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 28, 2007, 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: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to remove existing roof and dormer and replace a second floor over the existing first floor resulting in converting the existing 1'/x story dwelling into a two story dwelling, and to remove the existing deck and add another deck (roofed deck) over the existing deck, to add aone-story extension at the side, a stoop and an outdoor shower, all at the west side of the dwelling, as shovm on Building Plans prepared by Michael Macrina, Architect dated 5/21/07 and survey revised June 28, 2007 by John T. Metzger. REASONS FOR BOARD ACTION• On the basis of testimony presented, materials submitted and personal inspections, the Board makes the folbwing findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant requests relief to convert an existing one and one-half story cape to a full two-story colonial, to remove the existing deck structure and replace same with a new deck sUucture, and adding a roof deck over an existing deck on the water side of the dwelling, and a small one-story addition, a new stoop and small outdoor shower all at the west side of the dwelling. Repairing or replacing of the existing one-story deck is not likely to increase the threat to the bluff. In addition the applicant requests an additional second-story deck. The bluff has receded 20 feet since 1987. Additional visual and structural changes will result from increased height (overall expansion), increased occupancy and usage as compared to replacement of the existing one-story deck sUucture. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing first door deck will be replaced in the same setback that exists, currently 36 feet from the edge of the bluff. 3. The variances granted herein are substantial. The relief sought to perrrlit an outdoor shower, extending the house 4.8 feet from the existing 10 tt. setback, is not substantial. The variance sought to construct a roof deck above the existing deck is substantial and increases the degree of code nonconformity, thus creating additional strain on the bluff as well as visual effects. New construction for an additional deck above the new replacement deck, at 38 feet from the bluff, where the code requires a minimum of 100 feet, is excessive, more nonconforming and imposes unnecessary risks with the increase. 4. The difficulty has been self-created. 5. 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. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to have quiet enjoyment of his property, while preserving and protecting the character of Paga 3 -July 72, 2007 • ZBFileNo.6049-BrianRdus CTM No. 153 y]O ~ the nelghtx)rhood 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 Simon, seconded by Member Goehringer, and duly carried, to GRANT the variances as applied for with respect to the side setback and bluff setback related only to repair or replacement of the existing first Floor deck, as shown on the drawings prepared by Michael Macrina, Architect (stamped received by ZBA May 21, 2007), and June 28, 2007 revised survey prepared by John Metzger, L. S., and, to DENY the relief as applied for with respect to the proposed additional roof dedk. 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 Dinizio (Chairman), Oliva, Goehringer, Simon, and Weisman. This Resolution was duly adopted (5-0): l l~"I" _ Ja es Dinizio Jr., Chair an 7/ I y /2007 Ap roved for Filing RECEIVED a- ,(j4la..dl.. ll~ayam• ~u~~~ Southold Town Clerk • N SURVEY OF PROPERTY AT ORIENT POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. ISLAND SOUND IA~ sEZOzoos4 LANG NOV£MB£R 28, 2006 (TOPO. dr PROPOSED ADD/ S) 96.59 J~Ne, 5, 2ou7 (le.cwtins~v•~ N~g'03'45'E ~ - _ _ _ _ JuN~ 2a ,.o•-, Q~j~t}~ `Lg/" of ~ ~ _ _ f _ i~fY i / ~ i•~ IY , / / i ~ pp / ~ ~ _ _ ~ ZONE X ~ sEO ~ ~ 'Af ~ ~ ~ ~ ~ o~ ~ ufcrc LOT 47 ~ ~ ~ ~2 ~w srfP ,~anoR LOT 45 ~ 1P sro~Rrc ~ nar! ~ ~ o~R fwsnRC awsr vf.ooR roorPRwr ,~ocnfarr ~ P'• ~'~~r`.`. PROVOSfn ~ sroa~ Sil: J r 1 7 _ ry V,J~' 10.0' n.• COYEREO nyf 'O~//~y/~~/~ 18 PORCH `AlVlfv\ V zf, r• ~1~v 1.` p/rDOLtt / ~ # JW - $HOMER / I k S l S~ ~ L1 Pyv P 2 STORY ~ ~rywef' ,tpgnOR ) { h / ~ N / ~ro$$I~~~, B.B. + ~ ~T q.6 ~ ' / ~ / ,1t ~ ",o"uw ~ it ,5~ ~ L~~ GOVE R~ ~ ~ / 10~ ~ Aa~A ~o Tv~ awF~ = i6.3g5 sq ~ E,asriNE i9v~~q <f.~i~,3a3 s9.fh.. /2 "/o ( A0~ fl AT GvMP~Lrio~ wrrH ~MPROyEMCF/13 BS J 5,72 , ~ RpA • 1 ~ 24343q,ft//G385 x?,fF. = /4.8 "~o Z~'• ~ v1E r 5pUND FINAL MAP ~ EVIEWED BY ZBA ~ SEE DECISION ~ 'rATED~ l~J moo LOT NUMBERS REFER TO "MAP OF ORIENT BY THE SEA ~ ~ i - SECTION TWO" FILED IN THE SUFFOLK COUNTY CLERK'S pp NEVy yo OFFICE ON OCTOBER 26, 1961 AS FILE NO. 3444. y~P~ ~•~,MET2G,~' r COASTAL EROSION HAZARD LINE FROM COASTAL EROSION ~O~ HAZARD MAP PHOTO N0. 45 - 666 - 83. * ~ FL 000 ZONE FROM FLOOD INSURANCE RATE MAP LIC. ND. 49618 MAP NUMBER 3610300067 G MAY 4, 1998. ANY AL7ERA710N OR ADDI710N TO THIS SURVEY !S A NOLATION P C P. C. OF SEC110N 72090E THE NEW YORK STATE EDUCAPON LAW. ~6,31~ X (631) 765-1797 Ae EXCEPT AS PER SECTION 7209-BUBO/ NSION 2 ALC CERTIFICATIONS P 0. BOX 909 AREA~22.684 FT HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONCY IF 06-197 TQ ~ V~ NHOSE SIGNATUREI APPEARS HEREOIJ.ESSED SEAL OF 7HE SURVEYOR SOUTN.OLD, N. R ~ ~~ET - .1..~~ ~ s:er . _ _ ~ c~ig~ - - - - - - - / 1--~ rl" ~~1`1i~ ~ ,y~~NC, _ , ~3 v„7ef" ~u•` ~ ~ ' .ENE' Yl - .'lE I t. _ !tFf(4~* N ~ , 7. , ..z9. ~N LL .7 r~ W p' I MAP OF PROPERTY ; ~ p p v!~I v4n• r ~ SURV6Y£D FOR m ~ .t~sa i-- w a N i ~~J F[4M[ yr SITUATE A' r,,,,c, N I uoosE _ i• t0 /MI$$Er~ u7N4rgN CE N~IION ~ ' w ORIENT acrioh ~E, ~3 4 rrci,n~ w oT IHe wtw rorx Sr4R a+ ~ [cucntpM uw. r -19'+ TO\L'N OF SOU7NGLn,N.Y. wvnsamuEwrn Me ryp ~ rqT a4E4p ! s~nu•a RIUE[.• I,, 1.-~c, aA [u{p fil COn. Whi Ir. ` j `NN k' ~ ~ ~ _ ~ r 4 ~ 0 , ' 11 ~ i. (v,~Myy ~ 4 OE wMON aWV ~ ~ ~ J c.. ~ = 1 , nu o~awr, ° Oq Nu arum ro [t O= IRON P.PE ~:.~nm~„r,u,,,Or ~"'Yti"upKTw. ^ for K+raats cr ~ a+mya6 a~n r~ ~ MGrr,?ae:q# ,4[E rbi tWWirR,~(.~ `.vim m aHJg1yH/ \v lOQ-L ~ k.-• r ^'1 ~`V! ~1~~,J f"F''' Y~ • SURVEYEp • JUNG ZZ, 1412 • SpV,. ~ VA,`~ TUYL a S©N • t•JUTE ^ ~ 5~~~1YN !LEPER TJ• v°"-'~ v7 hiUA1F3[2. ~U1AP QF EE~T "L• OPJEN'.•BY•TNE• SEA" ----+--`__~--__-T LICENSEb L4ND SURVEYORS ' FI~EU !N fNE SUFFOLX COJVTV C~E¢~': CzRE6NPORT, NE\V YORK 1 _ n~-••: ~e u4.p9 Vu ?446 ~ j5 ~ike~ Q t ~ _ _ _ • TOWN OF 800THOLD, NEW YOSH pp~,Sept. 2, 1976 ACTION OF THE ZONHiG BOARD OR APPEALS Appeal No. 2176 Dated August 19, 1976 ACTION OF THE ZONING HOARD OF APPEALS OF THE TOWN OF SOUTHOLD To George Ahlers, Builder, Inc• Appellant 250 Cox Lane Cutchogue, NY 11935 at a meeting cf the Zoning Board of Appeals on SeptelRber 2 , 1976 the appeal was coneldered end the aMion indicated below was taken on your ( ) Request for variance due to lack of eceess to property ( )Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1. SPECIAL RxCEP1']ON. By resolution of the Board it was determined that a special exttptlon ( ) be granted ( ) be denied pursuant to Article Sectlon Subsection Paragraph of the Zoning Ordinance and the decision o[ Lhe Building Inspector ( ) be reversed ( ) be eomirmed because 9:00 P.M. (E.D.S.T.) upon application of George Ahlers, Builder, inc., 250 Cox Lane, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule for permission to build attached garage in front yard area, reducing existing setback. Location of property: North Sea Drive, Orient, New York; Orient-by-the-Sea Subdivision, Lot #49. 2. VARIANCE. By resolution of the Soard it was determined that (a) Strict application Of the Ordinance (would) (would not) produce practice] difficulties or unnecessary hardship bemuse SEE REVERSE (b) The hardship created (is) (ls net) unique end (would) (would not) be shared by aR properties alike in the Immediate vicinity of thin property and !n the same use district because SEE REVERSE (c) The varfence (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the charaner of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed, • r. V SEE REVE~,SE z ZON G HOARb OF APPEALS FORM zaf g ppgals s ~ • ( n~~J ~r After investigation and inspection the Board finds that the applicant requests permission to build attached garage in front yard area, reducing setback to 33', North Sea Drive, Orient, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, George Ahlers, Builder, Inc., 250 Cox Lane, Cutchogue, New York be GRANTED permission to build attached garage in front yard area, reducing setback to 33', North Sea Drive, Orient, New York, as applied for, subject to the following condition: The entrance to the garage shall not be directly on the street. The garage door shall be to the west. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. P.ECEIY~D AND FILED BY THE SOUTHOLD TOWN CLERK DATEy~~_ HOUR//.'LI~.aM. 0 T wn erk, Town of Southold _ _ - - _ 3. ll, ! - - _,~--~e4~-~ _ Towle of goDTBOI.n, New yoss naTE Auguat..24,1972 ACTION OF THE ZONaeG 80ABD OF APPEALS appeal Na. 1643 Dated Augnet 1, 1972 ;~/J„~p~~ ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD tD' w To Salvatore and Harriet Iadanza appellant 822 Connetquot Averne Islip Terrace, New York at a meeting of the Zoning Board of Appeals on A(igiiat 24, 1972 the appeal was considered and the action indicated below was taken on' your ( )Request [or variance due to lack of access to property ( )Request for a special exception under the Zoning Ordinance (x) Request for a vaziaace to the Zoning Ordinance ' ( ) 1. SPECIAL. EXCEPTION. By resolution of the Board it was determined that a aDecial exception ( ) be granted ( ) be denied pursuant to Article Section Subsection paragraph of the Zoning Ordinance and the decision o[ the BWldiog Inspector ( ) be reversed ( ) he rnnfirmea beraase 8:15 P.M. (S.S.T.), upon applioation o! Salvatore and Harriet Iadanza, 822 Oonnetquot Avenue, Islip Terraoe, Nex York, for s varienoe in aocordance with the Zoning Ordinanoe, Artiole III, Seotion 301, and Seotion 303, for permission to construct dwelling with lees than average setback, Location of property: Lot X24, Map No, 2 77, Orient-By-The-Sea, Seotion I, Orient, New York, Fee paid $15,00. 2. VARIANCE By reaolutioa of the Board it was determined that (a) Strict aDPlieaUOn of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardshfp because S86 REV$RSTs (b) The hardship created (L4) (is not) unique and (would) (would not) be shared by aH properties alike in the immediate vicinity of this property sad In the same use dlstrlM because S&S REVERSE (c) The vazWnce (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the chazaeter of the diatriM because 388 REVERSE and therefore, it was further determined that the requested vaiiance ( ) be granted ( ) be denied sad that the previous deciaione of the Building Inspector ( ) be mnftrmed ( ) be reversed. SEE REVERSE : _ ZON~7jG BOARD OF IS,{/'_~~ I FORM Z84 ~ _ y ~ ICAL..seam-l~..G,.I Cori McDerarott, Secretary Southold Town Board of Appeals Choi ,d, S 2]~J After ix~veatigation and inspection the Board finds that applicant requests permission to construat dwelling with less than average setbaok on Lot No. 24, Map No, 2777, Orient-By-The-Sea, Orient, New York. The findings of the Board are that this house is diYfioult to loaste beoause oY a ourve in the road; the terrain on the xeater],y portion of the pproperty slopes aharplq awgq Prom the Poumdation; the distaste oP 1~3~8^ oY setbaok from Soandview Avenue Sa in assess oP the original 35~.regalred in the Ordinanoe under whioh this eab- diviaion was oreated. The Hoard agrees xith the reasoning of the applioant. The Board Yinda that striot application of the Ordinance would produce practical diPYioultiea or unnecessary hardship; the hardship created is unique and xoald not be shared by, all properties alike in the immediate vioinity oY this property and in the same use district; and the variance will not change the aharaoter oP the neighborhood, and will observe the spirit of the Ordinanoe. TBSEt6FORE IT WAS R&SOLVSD Salvatore and Harriet,Iadanas, 822 Connetquot Avenue, Islip Terraoe, New York, be GRANTED permission to construct dwelling with leas than average setbaok, as applied tor, on Lot No. 24, Map No. 2777, Orient-By-The-Sea, Section I, Orient, Naw York. Yote oP the Board: I~gea:- Mesara: Gillispie, Bergen, Grigonis, Hu lee . a a # /Oo~iC 4a. ~ mss.°'~`' ~1 (~1o?G ~~GVA. ~~~cY~S S~kawy5 :xY~~ iN ~{C6~, 0.n r8 TtrY -~-p AV1 ~c~51.t Yh CC~t 1~~YA-''rtOr.. Ot t 2.L O -fe,e . a ~`ne _.a,.E~'.,vV_~# cOrr.e~ c+~` proQer ~ , ~~~3 LQ~G s~u~n ~ 3 Tt:14aa555~ ' S.8 .fg a~ r t lv o~bE`~ar~ mu ~ vdnk ~ Z A Et. 23.$x_ ul~iMxoRa® ~TTER~now oR noortEOp . ~ . , . ~ 7EY`NES wRVEr a .E nounoN of . ~ f On Mas of THE NEw VORx sr~if L o T Z 4- tf noN uw. gi 3 ~ ~ ~ OF iNlj jURVEY yAp NOi SEAWNp { re. O D SURYEVOR'$. iNV:p SERE ql , y1 - SNAµ NOT EE CONSIDER® 1 ~ i ` ~ TO A VAllp tEUE GOw. 1, x t ~}10 ~ O14~0. EES WDIUTED HEREON WAU, pUN. N 'i CNt~Y O TNi .k:SON FOR WHOES n1E SURVEY, . ~ iS EEL At:O 0.V Nis 8'JiNEE TO THE - - i Cd IFND R6TEfUryppE EAWE3iiAi, AOEEKY AwY -F' ~ t!} T0. ~ AaSE@![ES OF i~liF~ NTREiRN. AND , ~ ~ ~ ~ ~ T© Nita ARE NOT I4Afi5f~ER,VET N, o':X,._X.. ~ Fou>••da4iwr N O ~mmaa oR Sws[du~~ G+ ~ t. i ; zi,a'• N 1 a ~ s ~ ~.p ` ~ .ice _ : _ ~ _•&1.28 RRC IVi.77 ~Aa=~? e~`ry~ef SousJpf ~9£4Y ~'K~ntj E 6i. X8.:5 a z> . r Vdj c_,_ -TEST No~.~ - ;n ~ ~ ~ t ~ _t loam f Ges5oaol ~~L~°,~T^f~~; {AC?~,tvz~, cv-well _c Y-.._ ~ AT ~ ~ <.<,..~ ~ ` ORiEt~iT ~ S., i i6' C ~ TO YJN OF SOCITHOLt7, n: I ty = Mosxctss4ent t - JIriY'V~4rP1 .C1v~:SjT.{i.-.~~ij~~~{:. C.of numbers r<ajer t~ "Md~ at YAN iCiYL ~ Spt~ ~ Orient--byg-rnG Sea - Secsiorl one" 'i~..l~cvw--- ~w.~„ ~ fiied~ in 3u.~Tvlk Counr~ C:ersc's a~{.ite _ . ~-.,..,K 4 as N:ab 81a. 2TT~ . Lice:tsmd LaniY Sutweyors fi Greert~rar}; .ti. y: { - . is 3~ /`~d.S Sound U%cw mod. (fir%Gh+ Pr, nr`/ ~ 271p -_~on s~-~-t~c.[ior~ tttitr dacl~ .ZS'D- l lG R~r~ ~`~}'s-1-o.c~ a..~l,did7^orx ~c~ ~D~_~-opa-f _biu.f~ ~rl 3-~f-a9 ~f~~E~~ ~1l.T ,2~~ c~7~c~hs. b E~ ~a' Firs ~~o ~f ~B~vF~ Pff ~-14-oQ ~jE~Jr~ uJ~f}tiTQE~ U~Ldv~.S ~ ~ Office Location: hO~~Of SO(/ryO6 Meilin¢ A rP~~: Town Annex /First Floor, Capital One Bank ~ ~ 53095 Main Road 54375 Main Road (at Youngs Avenue) ~ P.O. Box 1179 Southold, NY 11971 ~ ~ ~pQ SouWold, NY 11971-0959 3: http://southoldtown.northfork.net APR 2 71009 BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Clerk Tel. (631) 76$.1809 Fax (631) 765-9064 ' ~ MEETING DATE: APRIL 14, 2009 FINDINGS, DELIBERATIONS AND DETERMINATION Z$ File # 6276 and #6256 -Peter and Gag Schembri, Applicants Property Location: 1425 Sonnd View Road, Orient Point CTM 15-3-16 Public Iloaring: March 19, 2009 SE RA DETERMINATION: The Zoning Board of .Appeals. has visited the property ander consideration in this sppgcatioa and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DE5CRIPTION• The subject property is 18,350 square foot lot measured to the top of the bluff (24,053 square feet to the apparent high water line), with 100 feet (75.00' and 25.00') along Sonnd View Rasd, 241.78 feet between the high water line and the street measured along the eastern property line, 101.43 feet (64.79' + 36.64') along the L.I. Sound and 247.93 feet along the western property line. The property is improved with a 1 and 1'/: story single-fAmuy dwelling, as shown on an amended February 25, 2009 survey prepared by Nathan Taft Corwin III, L.S. which also shows the proposed addition, proposed deck and a boundary line of setbacks for neighboring'houses (at closest points from the top of the btnffj. BASIS OF APPLICATION: Requests for the Variances, based on the Building Inspector's Jaaaary 20, 2009 amended Notice of Disapproval: {1) under Section 280-116A(1) concerning a proposed rear addition to the ezisting dwelling with a setback at less. than 100 feet from the top of the bluff adjacent to the Long Island. Sonnd, and (2) under Section 280-124 concerning same proposed single-story. addition with a setback at le(s than the code-iequired IS feet on a Biagle side yard on this 24,053 square foot nonconforming lot and (3) under Section 280-116A(1) a proposed deck addition with a setback at less than 100 feet from the top of the bluff adjacent to the Long Island Sonnd. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 19, 2009, at which time written and oral evidence were. presented. Based apoa all testimony, documentation, personal inspection oC the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: LWRP DETERMINATION: A Letter was received April 13, 2009 from the Town LWRP Coordinator recommending a determination of inconsistency under Chapter 268, Waterfront Consistency Review of the Towo of Southold Code and i,ocal Waterfront Revitalization Program (LWRP) standards. The Page 2 -April 14, 2009 _ : ~ ZB File #676 and tJ6256 - P. and G. Scnemb.. ~ ~ CI'M ISd-16 ~ ~~p3 reasons stated for the inrnnsistencies are that the building setbacks are less than 100 feet from the top of the bluff or bauk adjacent to the Long Island Sound ender LWRP ~oliry 63,-and to further Policy 4.2 recommending a minimum 20 ft. non-turF, landscaped buffer vegetated with native, drought tolerant plant spades in the event it is granted, with the buffer to be located landward from the top of the bluff line. Deuial of the application with grant of alternative retlef in this variance application, with conditions as notEd below, wW not adversely Impact the bluff along Long Island Sound provided best management practices are adhered to, as follows: use. hay bales.or silt fencing daring constrnctlon, install gutters, downsponts and sub-surface dryweRs to contain roof and deck runoff on site, and provided anon-disturbance buffer wee is proteding the bluff. Also, it is noted that the applicant obtained a permit for this constrnctian from the Town Board of Trustees (approved/date-stamped April 10, 2009) with conditions. AREA VARIANCE RELIEF REQUESTED: The applicant; request variances concerning: i) Proposed setback measured from the top of the bluff adjacent to the Long Island Sound at 85 Feet for a single-story addition, (2) side yard reduction from 15 feet to 12 feet for asingle-story addition, (3) bluff. setback reduction from 100 Yeet to 80 feet for the proposed 16' deep by 45 In length for afirst-floor deck addition to the dwelling. REASONS FOR. BOARD ACTION: On .the basis of testimony presented, materials. submitted and personal inspectionsy the Board makes the following findings: i. Town-Law &267-b(3)(b)(3)(>J. Grant of alternative reliefwW not produce as undesirable change in the character of the neighborhood or a detriment to nearby properties. A) The. alternative relief will reduce- the visual protrusion of the. proposed addition from the exist(ng setbacks of neighboring houses, increasing the setback to 87 feet.. The alternative relief is more in line with the neighboring dwellings directly to the east and west The 80 foot setback from the top of the bluff to the proposed first-floor open deck would have little or no visual impact since it is low to the ground and unroofed. B) The side yard variance is a setback reduction from 15 feet to 12 feeton .the westerly side, which wW extend lti feet from the existing similar nonconforming side yard setback (12.3 feet) of the home. . 2. Town Law $2ti7-b(3Nb)(2). The benefit sought by the applicant cannot be ac63eved by some method, feasible for theappllcsnt to pursue; other than an area variance. The dwelling has npre-existing nonconforming side yard setback where the addition is proposed and Is pre-e~sting at.100 feet from the top of the bluff. The grant of alternative relief will result in a smaller addition (18' by 16') to increase the setback from the'top of the bluff to 87 feet instead of the'requested relief. 3. Town Law &267-b(3)(b)(3,Z; The variances requested herein are not substantial. The. proposed side yard setback variance for the porch addition will maintain the preexisting nonconforming side yard setback and wlll be a 20% variance. The top of the bluff setback to an enclosed addition ender this grant of alternative relief is a 13% variance, and a 20% variance for the proposed first-floor deck addition. 4. Town Law &267-b(3)(b)(5). - Page 3 - April 14, 2009 ~ - ~ ~ ~ ~ ~ 2:B File #676 and #6256 -P. and G. Schembri - J CI'M IS-3-16 1~,~ ,.{„3 A) The difficulty has not been self created It is a consequence of the pre-existing nonconforming side yard setback of the existing dwellfag. B) The difficulty. with respect to the requested bluff setback as requested has been self-created inasmuch as the home is renovated and could have been balk a seeond-story additlon over the esistiag building area. 5. Town Law .5267-bf31(bl(41. No evidence has been submitted to suggest that a variance in this residential community wW have an adverse impact on the physical or eavironmeotal conditlons in the neighborhood. A minimum 20' non-turf, landscaped. buffer mast be placed dnring all actlvltles related to the proposed construction to enhance protection of natural features located landward of the top of the bluff Gne. 6. Town Law &267-b. Grant of the relief requested is the minimum actioa necessary and adequate to enable the applicant to enjoy the benefit of g deck and enclosed addition, whtle 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 Yotk Town Law 267-B, motion was offered by Member Schneider, seconded by Member Weisman, and duly carried, to DENY the requested 85 ft: setback from the top of the bluff for as enclosed additiou shows on the February 25, 2009 surveyor plan prepared by Nathan Corwin Tatt III, and to GRANT Alternative Relief for a minimum 87 ft. setback to the top of the bluff (maximum 16' D. by IS' L. modified size) and at a minimum of 12' and 12.3' westerly side yard setbaclb, and to grant afire!-floor deck addition (16' D. by 18.5' L and.25' D. by 26.5 L. as shown on the November 25,2008 survey prepared by Nathan Taft Corwin III, all subject to the foUowing conditions: 1) All roof drainage sod surface water from this site shall be directed away from the bluff and retained to drywells on the property (drywells not. closer than 85 feet to the top of the bluff; 2} Haybales shag be placed at 45 feet landward tram the top of the bluff for the entire width of the property; 3) Only medium sized rubber tlred small backhoe (light equipment only, no heavy equipment) for use in construction shall operate landward of placed hay bales (excavation is limited to placement of footings/foundation). That the above conditions be written into the Building.Inspector's Certificate of Occupancy, when issued. Any deviation trom'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 nonconformitles under the zoning code. This action does not authorize or condone any current or - - Page 4 - April 14, 2009 ~ _ : J ZB File N676 and #6256 and G. Scnembn - „I ' CTM 15-3-16 .N'Y fatnre use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features ss sre expressly addressed in this action. The Board reserves the right to subsdtate 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 , Ollv mon, Wets an, and Schneider. This Resolution was duly adopted (5-0). ERARD P. GOEBItINGER, C 4/ 2/ /2009 Approved for P513ng r .l ~ o ' 'r ~y~ ~ ~~~c ~Y ~t i i' WEw~~-' ?BA E-0ECt5t~''v ~ .6~5b T-!~1 ~s~h ~%a 8% n -a X ~ ~ ~ x~ Oda ~ • • SURVEY OF P/0 LOTS 18 & 19 MAP OF ORIENT BY THE SEA SECTION No. f • FILE No. 2777 FILED NOVEMBER 21, 1957 SITUATE ORIENT POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK LANG S.C. TAX No. 1000-15-03-16 ~ ISLE SCALE 1"=20' N S j~ NOVEMBER 25G200R A DED 2POROPOSEO DECH 69664 `5" E ~O(J JANUARY 19, 2009 ADDED PROPOSED GARAGE ADDITION ND FEBRUARY 25. 2009 ADDED REAR SETBACK ~ ~ AREA = 24,053 sq. ft. ' r~~~ E s4. (ro nE unEl 0.552 ac. ^ '°W .,n^,,,,, 79° v - - CERTIFIED T0: I PETER SCHEMBRI GAIL SCHEMBRI I m FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK I ~ LOT COVERAGE DATA I I < LOT AREA LANDWARD OF TOP OF BLUFF = 19,350 sq. R. I ^'`ur I N • DESCRIPTION AREA X LOT covERaGE I fi~ s~~ f ~ I E%ISTING HOUSE 1,670 aq. N. 9.tx I ~~`ef /roT',/rb PROPOSED DECK 985 aq. ff. 5,2X I I , J PROPOSED ADDITION 32s aq. H. 1.8X I 1 FEB 25 2009 TOTAL 2,959 eq. 1}, I6.1X I i $ 1 GaSGrG276'~N3~p~p I 1 I I _ o I ~ I ~tNa~ MAP © O REYl~,4VED BY ZBA ~ ~ s 1 I 6~ SEED~~t~N#~'~ I a ~ 1 8 'iATED~~~I~ _ i al ~ ~ O 1 o O ` 1 4 °y 1 ~ iI .V l1V VIIIVI\ ' ~ ~ ~ ~ - u7'35" E J I I N I I I ~ DANCE COMPANY OF NEW YORK ~ I N DATA ~ I UFF = 18,350 sq. ft. I ''bop s REp Illpo ~~k ro X LOT COVERAGE I REPgf ~LACF t eE I~1~ t• 9.1 Y. I NoDD I *oP B~ ~s t. 5.2X I i r t. 1.6% I W ~ I t. 15.9% m I ~ ' 2 ' I 2 l~} I ~ ~j ' I PI~PE'~ 'OT I V X ~ q) ~ I • I n' o~ N W / 6 m ~ \ g' I m ~aa>~ 0. 1 ti I ~Q ' I ~ O _ I 4 1 ' I \ I _ r a EXISTING HOUSE I~1 _ ~1 I ri:ivi:iii?isic•:.1.?:i:'ii' .:::::.:::.:.gnu?:~r:::.~::.-::.`............. Z3' I ...................PROPOSED::" ~ ~:ADDITION;;u::::::::::::~:::•:::•:::;:~rr::::.~ ~ :::''F.::::::DEGIC:::~: i::~::~:~ : r:i ~ ~ R Iz.3' ::sm,.~:::~:~' is::..'.ooiic::::.::::::::•::::: NE tl JZ' ~ I ~Q I EHCLOSEU _ ~i~::•::•::::::~:::~: p I PORCH ° LkL¢51 h L ~ _ (E3' _ N 20A' ~ 1~ 7-1 2 STORY AW CONDIIIONF]I I FRAM~HOUSE DNif ~ cl«NNEr caNC. APRON I W R • OVE C BRICK . !CONC. SEEPS • 34.3' R20' _ ~7.5 O I s , 'y. N wooD sroDP ' ~ S1EP VENT FlLL N • . • I PIPE CAP _et~ I ~ o ~ gptGC wA~x O ' ' ' ~ WELL I ~ o ~ ~ 1 ~ ~ I N o, O ` PgaE Q~D I N MAR 3 1 20D9 r ~I~ _ e N 78.3 -~-.°!~,D ,„,ram . _ Soul hot o.._..,,. ~ ~ 0 ~0 9aBrd M Tius1W B e : ~ . ~ , 75 O » OQ' w ' . ' ~ 1 ~~POUTIUEI Y . ~ N 85'57'40" W APPROVED gY ,S'0 v-'. 2s.oo' 6 • kDOF OF P N T c ' ~ D V AV1<MM~ BOARD OF TRUSTEES 1.~ ~ ~'e ' TAT , TOWN OF SOUTHO ~V R TT , . vATE fl~~ /o a 9 O~L 50487 ~ ~ \ ~rrc UNAUTHOR2ED ALTERATKNI OR ADDITION in ifl To THIS suravEY Is A NKIUTION OP SECTIDN 7209 DF THE NEV YDRK STATE EWGTION L1W. COPIES OF THIS SURVEY NAP NOT BEARING THE UND SURVEYOR'S INI~D SEAL OR EMBOSSED SEAL 5{W I NDT RF (YkICIDi'RiT ~ ~b~/~ /s y.9 /y~-o ~~P~ icJA/-~,ys ~aQ, ®v~en~ P~ 9~/3~0 7 CC.,4 Q~d-~~o7 _ I APPEALS BOARD MEMBERS ~ ~ Mailing Address: pF SOLI James Dinizio. Jr., Chairman O~~ h'p Southold Town Hall ti ~ 53095 Main Road • P.O. Box 1179 Gerard P. Goehringer ~ ~c Southold, NY 11971-0959 Ruth D. Oliva H ae Office Location: Michael A. Simon ~ ~ Town Annex /First Floor, North Fork Bank Leslie Kanes Weisman Ol~C~~ ~ 54375 Main Road (at Youngs Avenue) ' Southold- NY 11971 http://southoldlown. north fork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD I Tel. (631) 765-1809 • Fax (631) 765-9064 ~ I ~ •sb~m • OCT ' 3 200 FINDINGS, DELIBERATIONS AND DETERMINATI Ut}IOI Tpryn C MEETING OF SEPTEMBER 27, 2007 ZB File No. 6054 -James and Judy Hayward Property Location: 1450 Three Waters Road, Orient CTM 15.3.19 Zone District: Marine II 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 reviews under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicants' 64,994 square foot parcel has 124.87 ft. i along an apparent high water line of the bong Island Sound, 250 feet along Three Waters Road/soundview Road, 125 feet along Subdivision Lot 17 to the south, and a depth of 473 feet along the easterly lot line. The property is improved with atwo-story, single-family dwelling as shown on survey prepared by Stanley J. Isakaen, Jr. dated 1/10/2005. BASIS OF APPLICATION: This appeal application requests a Variance from Code Section 280-15 and is based on the Building Inspector's amended June 20, 2007 Notice of Disapproval, updated July 17, 2007, which states that the proposed accessory garage will be located in a yard other than the code-required rear yard. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14.14 to 23, and the Suffolk County Department of Planning reply dated August 21, 2007 states that the application is considered a matter for local determination as there appears to be no significant wunty-wide or inter-community impact. LWRP TOWN CODE CHAPTER 268 (95) DETERMINATION: The garage is a minor action that is not subject to reviews under Chapter 268, since the garage is proposed on the south side of the dwelling greater than 100 feet from adjacent shorelines and bluff or bank areas of the Long Island Sound. • Page 2 -September 27, 2007 ~ ~ J ZB File No. 6064 -James and Ju~ayward ~ ~ CTM No. 16-3.19 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 13, 2007, 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: AREA VARIANCE RELIEF REAUESTED: The applicant wishes to locate a 24' x 32' x 22' one- and- one-half story garage in the southeasterly most corner of the property 25 feet from the easterly lot line and 26 feet from the southerly lot line, and 68 feet from the westerly lot line. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's proposed two-car accessory garage will be one and a half stories (22' high) with a half bath at ground level and workshoplstorage space on the second floor. At 672 square feet, the garage represents 1% of the applicants' 64,994 square foot lot in the MII district. The accessory structure is compliant with the code required height (227, setbacks (20'), size (may not exceed 3% of the size of the parcel), and percentage of dormers (32% where 40% is allowed). The use and size of the proposed accessory garage will meet codes and is compatible with the architectural styles and accessory uses in the surrounding residential neighborhood. Although the applicants' property fronts on Lands End Road, which belongs to an adjoining development, the proposed site plan shows no vehicular access to that street, which is currently screened with a vegetative buffer, and the architectural elevations show no doors located on the proposed elevation facing that street. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicant to pursue, other than the relief requested because the house is bound by Long Island Sound to the north, and two street frontages to the east and west, there is no rear yard in which to locate an accessory garage. (The architectural rear yard is situated along the waterfront where accessory structures are not permitted). Although the wde permits the location of accessory structures in front yards on waterfront properties, such structures must meet the front-yard principal setback requirements. The unusual configuration of the applicants' lot technically places the location for the proposed accessory garage in what is defined as a aide yard. 3. The variance granted herein ie substantial. The applicants' request a front yard setback from Lands End Road where the code requires 35 Feet. A relief of 10 feet represents a 28°r6 variance, however the relief requested is mitigated by the need for the proposed large setback of 68 feet from Three Waters Road to accommodate a driveway with turnabout large enough to safely accommodate a wheelchair accessible van for use by the applicants' disabled son. 4. The alleged difficulty has not been self-created., but is caused by the irregularly shaped waterfront property which also fronts on two streets and is uniquely zoned Marine II in a residential community. • Page 3 -September 27, 2007 Q ~ ~ ~'~(7 ZB File No. 6054 -James and Ju ydTLiayward CTM No. 16-3-19 4. The alleged difficulty has not been self-created., but is caused by the irregularly shaped waterfront property which also fronts on two streets and is uniquely zoned Marine II in a residential community. 5. No evidence has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood. The location of the proposed accessory garage is 410 feet from the waterfront. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to egjoy the benefit of an accessory garage, 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 teat under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Gcehringer, and duly carried, to GRANT the variance as applied for, as shown on the site plan prepared by Fairweather- Brown Design Associates, Inc. with ZBA stamp survey prepared by Stanley J. Isaksen Jr. dated 1/10/05, subject to the following Conditions: 1. There shall be no vehicular access from the applicant's property to Lands End Road, 2. A privacy buffer of evergreen screening shall be installed and continuously maintained along the eastern property boundary (Lands End Road Crontage) from the southeast corner of the property for a minimum length of sixty feet (607, and 3. The proposed accessory garage and storage/workshop shall remain unheated. ' That these ZBA wnditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformitiea 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: Member inizio (C an), Gcehringer, Simon, and Weinman. (Aba nt was Member Oliva.) This s lution wa du adopted (4-0). ~ec~rvea ¢ -D~"'d 11: James Dinizio Jr., Ch ~ man 0/2/2007 ~ lJ-'" , Approved for Filing OCT - 3 2001 • • C'4Y':1 CC C LONG ISLAND SOUND I Nr N88°02'36'E 124,87' APanver+T nl~n nrex we mis onre ~ i ~ ~ N ° I ~ w~. N I `L I G~~ V' S O I FENCE I 1{ll W 0 ~W~ ~ m 0 0= I ~ r-------~-~ ~ m ~N I ' m ~ I I O O a~C W~ ~ I I Q W ~ W GATE I Q ~ o a W ~ Sno~R ~ Z ~ o I I ~ ~ ~ ~ ~ 6' WOOD ~ FENCE ~ ~j ' I~ ' ~ ~ ~ zz~ I Q ~ 1r Z SINGL-c STORY SUNROGM f ~ ~ Z ~ iz ~ N~ 5~ . / HARE ~ wooo oecx ~rra~ Z~ O `~O FENCE V~~ WfRAIUNG r~o73 ~ Z ~ \ \ ~ 2 STORY Q wooo \ RESIDENCE ~ ~ ~ ~ r-ENCE \ ~ Q I~ {gyp ewaeo raten _ Z L VO \ \ DI~CYI \ a ~ ~ ~ ~ nr % / \ t] G~ LI'W DESK DRIVEWAY Z ~ ~ 14 ~1R ,~I, I ~ FeNCw~~ li .JUG 1~8'>Q I U~ ~ s Q Mme`' i ~ ' ~ ` BASED ON SURVEY OF r~ 0 't~ ~ $ } II ~V i , ~ DESCRIBED PROPERTY Q SfTUATE g I _ I "r'~ ORIENT, TOWN OF SOUTIIOLD I l ~ ire ur Fo,E . W / ~ ~~nAN~ ~ SUFFOLK COUNTY, N.Y. Q ~ j ~ gT f2 ~ I FOR: JAMES HAYWARD I GARAE o ~ JUDI 11AYWARD I N Tivl# 1000-015-03-019 ~ ~ I ~I ~ SURVEYED JAN. 10, 2005 Ll..a N I ~ ° p[ N O Br LLam~--... ~ STANLEY J.ISAKSEN, JR. ~ c , _ i I _ _ ~ I ~ PoN,~ LAND SURVEYOR ~ AREA= 64,994 S.F. N88°5'7'40°W Mme,. 125.00' OR I .49 ACRES LOT 1 7 MAP OF ORIENT-BY-Th1E-SEA, SECTfON ONE ~ hA~p~RD FILE NUMBER 2777,FILED NOV'2~::J=~:S,Z„ ~ "<<.ncDA"`"` 07/05!2007 SITE ~ L A N ,!F ~I `u FAIRWEATh1ER-BROWN SCALE: ! "=40'-O" * * DE51GN ASSOClATES,INC. 205 BAY AVENUE C~ ~r~a~ s~ GREENPORT, N.Y. 11944 'r.,~` 63 I -477-9752 (Fax) 63 I -477-0973 _ BOARD MEMBERS • ~F $QVT ~ Southold Town Hall Les]ie Kanes Weisman, Chairperson y~ 53095 Main Road • P.O. Box 1179 ,~O !Q Southold,NY 11971-0959 James Dinizio, Jr. ~ ~ Office Location: Gerard P. Gcehringer G Q Town Annex /First Floor, Capital One Bank Ceorge Horning ~0 ~ i~ 54375 Main Road (at Youngs Avenue) Ken Schneider ~yCQUNT'(,N~ Southold, NY 11971 http: //sou[hol down .northfork.n e[ ~y~ ~ ZONING BOARD OF APPEALS '~P" " TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 7, 2013 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MARCH 7, 2013: 11:30 A.M. -GREGORY and CAROL KARAS #6630 -Request for Variances from Article XXII Code Section 280-116A(1) and Article III Code Section 280-15 and the Building Inspector's January 24, 2013 Notice of Disapproval based on an application for building permit for an accessory in-ground pool; 1) top of bluff set back of less than the code required 100 feet, 2) location other than the code permitted front yard on waterfront property or rear yard, located at: 135 Soundview Road (adj. to Long Island Sound) Orient, NY. SCTM#1000-15-3-3 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (831) 765-1809, or by email: Vicki.TothCa~Town.Southold.nv.us Dated: February 5, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 ~ONING BOARD OF APPEALS • ~~30 MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net February 11, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, March 7, 2013 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before February 18tH: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner to the best of your ability and to confirm how arrangements were made in either a written statement or during the hearing providing the returned letter to us as soon as possible; AND not later than February 25th: Please either mail or deliver to our office your Affidavit of Mailin (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later February 27tH: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before March 5, 2013. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. ZONING BOAR~OF APPEALS TOWN OF SOUTHOLD: NEW YORK / --------------------------------------------------------------------X 10 ~ 3 ~ In the Matter of the Application of AFFIDAVIT GREGORY 8r CAROL KARAS OF #6630 MAILING (Name of Applicant) CTM Parcel # 1000-15-3-3 --------------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: CC ~ On the~~of February, 2013 I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the X) Assessors, or ( )County Real Property Office ,for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Signature) BETSY I~ERKI S Sworn to before me this a~ si day of February, 2013 N ary Public) MARGARET C. RUTKOwSKI No[ary Public, Stele of New York No. 4862528 Qualified in Suffolk Coun Commission Expires June 3, ~O/S ~ ~ ~ ~~3 a GREGORY KARAS SCTM: 1000-15-3-3 LLOYD & RANDI STRAUS PASQUALE DEFIORE 56 WINDMILL DRIVE 259 HARRISON AVENUE HUNTINGTON NY 11743 MILLER PLACE NY 11764 SCTM: 1000-15-3-46 SCTM: 1000-15-3-33 BRIAN & MERRY RETUS GEOFFREY & CLAUDIA CLAXTON 235 SOUNDVIEW ROAD 130 SOUNDVIEW ROAD ORIENT NY 11957 ORIENT NY 11957 SCTM: 1000-15-3-4 SCTM: 1000-15-3-32 RECEIPT RECEIPT RECEIPT ]1042436809000000563 71042436 eoso oooo 057o RECEIPT FROM: FROM: no4243e eoso oooo 0567 ]104 2436 0090 0000 0594 Moore Law ORice Moore Law Office FROM: FROM: RE KARAS ZBA RB KARAS ZBA Moore Law DRIce Moere Law Office RE I(ARAS ZBA RE KARAS ZBA SEND TO: ` SENDJ~'/~'{ 6RIRN 8 MERRY RETUS SEND TO ~ ~ SEND T0: LLOVDB RANDI STRAUS 235 SOUNDVIEW ROAD ~ GEOFFREY $~CLgUD1A CLAXTO 56 WINDMILL DRIVE PASOUALE DEFIORE Fp~NIIINGTON NY 11743 ORIENT NY 1195] 259 HARRISON AVENUE 130 S)BNby1~N/ R(~AfA, FF~ ~ MILLER PLACE NY 11]64 ORIENT NY 1195]- ~ , FEES: FEES: ~ FEB ~ ~ ' Postage o.4s Postage 0.46 FEES: FEES: F CertOetl Fee Zg5 Certrfied Fee 2.95 Postage 0.4fi PostageE9 ` 046 ReWrn Receipt 2.35 Retum Receipt 2.35 Certified Fee 2.95 Gertrfied Fee 2 95 Restricted Resiricled ReWrn Receipt 2.35 R¢[urn Receipt 2.35 TOTAL § 5]g - TOTAL $ 5 76 ResMCled Restricted ' TOTAL $ 5.76 TOTAL $ 5.76 POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE j i ¢ PLq 4. Restricted Delivery? 3. Service Type ~ ~ 1, MOORE LAW OFFII"E CERTIFI 51080` MAIN ROAD ,j'~ L' Extra Fee) Yes ' I SOUTHOLD NY 11971 I F~ ~ ~ yr13-y rticle Number I N [D 7104 2438 8090 0000 0587 ~ ' , r-~~ • g l(J r ~D ;n to ( d es ee Agent) I'6h ~ ~ ¦ eived y. lease P inf Clearly 7104 2438 809 0000 0587 ~ ' C. Date of Delivery 1. Artlcle Add ressetl To: ' -I D.Addressee's Address lnoimnmPmmaean„u,.eeys..e.n PA$QdALE DEFIORE 25~"FtARRISON AVENUE ° I ""seoamdFr ~ne'ar~s9"i Auaa /apr. / Pm.r IPm.a. v.mr Qeanyl MILLER PLACE NY 11764 rrl O , o oeu~ery aaareaa p I l7 cuy._......__.-_ score - nP . a toes. to D- "I 4. Restricted Delivery? 7. Service Type ~ ~ ~ ~ ~ r MOORE LAW OFFItF.' ~ } 3 51020 Ml:,i:FY RvAD (Extra Fee) Yes CERTIFIED s ~ ~ H ~ SOUTHULD NY 11971 a w ~ 2. Article Number f1J ~ ~ z z T " ro ~ 7104 2438 8090 aaoo 0563 ~ ~ a o r ra a z to z "I • t` ~ H r+l H B. ReceivedeBy(?(Pleases~tCl?early))t) II~III II VIIIIIIIII~IIIIIIIIVIII II II III a tt rUO g?~. 7104 2438 890 0000 0563 ~ a _ y !c C. Date of Delivery ^ ~ 1. Article Addressed To: I ~ E in` rn ~ . o x a D.Addressee's Address morn oeZ maee~..ronanys.ee. LLOYD 8 RANDI STRAUS ~ o ?z _ • o a p ~ J 56 WINDMILL DRIVE ~ & LL - ^4 e ~ -a;;~ HUNTINGTON NY 11743 a.n _ ~ _ Seconeery atltlress I Suite / apr. I ~ ~ ~ ~ ~ ~ o ~~I< /1Nn l~~ z _ Q a ~ "bellvery FECresa a- ~ v a T 1 p w m N Q v u` . ~ _N Qty......_.____.._..._....__.... 'Sale ZIP.4 COtle p a ~ ~ y 'a ~ > O 'n r 4. Restricted Delivery? 8. Service Type • < ^ m V G i° MOORE LAW OFFICE 'A CERTIFIED I 51020 MAIN ROAD (Extra Fee) Yes SOUTHOLD NY 11971 2. Article Number _ 7104 2438 8090 oaao 0594 A.S n~r~ (?A~ddr~~rysee~or Agent) IIIIIIIIIIIIII Illlillllllllllllllliilll lo; B. Rf ceived BfydA~(,Please LPq~rint Clearly) Cl(C~( l(/GL. 7104 2438 8090 0000 0594 ' C. Date of Delivery 1. Article Addressed To: D.Addressee's Address pruin.,..eF..maaen.. u,.enys..e.n GEOFFREY & CLAUDIA CLAXTON t 130 SOUNDVIEW ROAD "se~o~d;Fy"ndar~:~"i 3~li~~i~nyi:~i "Pido; 7diaas~dGi "dieldrj ORIENT NY 11957 delmery amreas cuy 'liars zip. a'coe~ , • y ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK .N , % ~ 3 ~ ---------------------------------------------------------------x ddd?11"'~~~ ~O In the Matter of the Application of AFFIDAVIT OF GREGORY & CAROL KARAS SIGN POSTING #6630 Regarding Posting of Sign Upon Applicant's Land Identified as 1000-15-3-3 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at 305 Ole Jule Lane, Mattituck, New York 11952 being duly sworn, depose and say that: On the 27'h day of February, 2013, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance'; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was show to be Thursday, March 7, 2013 etsy Perkins Sworn to before me this (fl T~ day of Eelxaary, 2013 l~lA2 c ~ Note ry Pu lic MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4582528 Qualified in Suffolk County Commission Expires June 3, ~~/5 "near the entrance or drlveway en ran a of the property, as the area most visible to passersby. • • NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: KARAS, G. & C. # 6630 SCTnn # : 1000-15-3-3 VARIANCE: BLUFF SETBACK & LOCATION REQUEST: IN-GROUND SWIMMING POOL DATE: THURS., MARCH 7, 2013 11:30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 #11080 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 21st day of February, 2013. J 2L~C.Lr-~ Principal Clerk Sworn to before me this ~ day of f l ~ 2013. C RI TINA VOLINSKI NOTARY PUBLfC-STATE OF NEW YORK No. O 1 V06105050 9uallfletl in Suffolk County hlV Comtnlsslon Expires FeDruory 28, 2p1(, updated January 8. 2011 Notice of llis- merge until [he total to[ size conforms you have questions, please contact our approval based on nn application for to the current bulk schedule (minimum office at, (631) 765-1809, or by email: building permit [o convert a portion of 40,OW square fee[ in this R-40 Resi- Vicki TOIh@T'O C th Id yds. an existing barn to a faun stand, aC 11 dential Zone District) this lot is merged Dated: February 11, 2013 less than the code required setback of50 with lots 1000-31-3-70 and 1000-17-3-9, ZONING BOABD OFAPPEALS feel from [he road, 2) the criteria of bona located ae 9775 Main Road aka Stale LESLIE KANES WEISMAN, CHAIR- fide agricultural production has not been Route 25 (corner Stars Road), 425 Sara PERSON LEGAL NOTICE shown, located ac 5000 Cox Lane Cu- Road (Lot 10) and 455 Stars Road (Lot BY: Vicki Toth SOUTHOLD TOWN tchogue, NY. SCTMtt1000-96-2-IO-1 9), East Marion, NY. SCCM q's - 1000- 54375 Main Road (Office Location) ZONING BOARD OF APPEALS ]040 A M -GEORGE d LISA 31-3-23, 10, 9 53f195 Main Road (Mailing/USPSI THURSDAY MARCH 7, 2013 HAASE #6626 -Applicant request a 1:15 P.M - DANIEI. MAHONFY P,O. Box 1179 PUBLIC HEARINGS Special Exception under Section ZSO- #~28 -Request for Variance from Ar- Southold, NY 11971-09$9 NOTTCE IS HEREBY GIVEN, pur- 136(14). The Applicant is the owner fide XXIII Section 280-124 end [he 11,080-IT 2/21 suant to Section 267 of the TOwn Lawavd requesting authorization to establish Building Inspector's November 13, 2012 Town Code Chapter 280 (Zoning),Town an Accessary Bed and Breakfast. xc- No[i<e of Disapproval based on an sp- ot Southold, [he following public hear- cessory and incidental to the residential plication for building permit for partial Togs will be held by the SOUTHOLD occupancy in this single-family dwelling, demolition and construction of a new 'TOWN ZONING BOARD OF AP• with three (3) bedrooms for lodging and single family dwelling: 1) less than the PEALS at the Town Hall, 53095 Main serving of breakfast to [he B&B casual, code required front yard setback o€ 35 Road, P.O. Box 1179, Southold, New transient roomers. Location of Prop- feet, 2) less than [he code required mini- York 11971-0959, on THURSDAY arty: 580 Skunk Lane Cutchogue, NY mum side yard setback of l0 feet, located MeR HZ213o SCTMg1000-97-3-11.6 at: 3930 Stillwater Avenue (corner Track 930A.M. I AURA YANTCne 11:00 A.M. - RJJ PROPERTIES, Avenue) Cutchogue, NY. SCTMg1000- jt~ -Request for Variances from Ar- LLC -#6633-Request for Variance from 137-1-10 title XXII Code Section 280-1166 and Article XXII Code Section 280-116(6) 1.•40 P.M. -RAYMOND CTRONC. Article XXIII Cotle Section 280-124 based on an application for building per- #6629 -Request for Variance from.Ar- and tits Building Inspector's October 10, mil and the Building Inspector's Febru- title III Code Section 280-15 and [he 2012, updated January 3, 2013 Notice of ary 5, 2013 Notice of Disapproval con- Building Inspector's January 10, 2013 Disapprovalbased on as application for cerning a permit fora 12'X8" accessory Notice of Disapproval based on an ap- btdlding permit for additions and alters- shed, a[; 1) proposed structure at less plication for building permit for an ac- tiorte to existiagsingle fatnily dweWng at; than the code required bulkhead setback cessory in-ground pool; l) location other 1) bulkhead setback oflesathan the code of 75 feet,-located aC 7225 Nassau Point than the code permitted hoot yard on required 75 fee[, 2) less then the code re- Road (adj. to Peconic Bay) Cutchogue, waterfront property or rear yard, lo- quired minimum side yard setback of 10 NY. SCTMg1000-111-15-12 sated at 2205 Bayview Avenue (adj. to feet, 3) less than the total combined side 11:30 A.M - CRE ORY d CAR- Arshamomoque Pond) Southold, NY. yards of u feet, 4) Tess than the wde OL KARAS #6630 -Request for Vari- SCTMg1000-52-5-2 regtfved hoot yard setback of 35 feet, antes from Article XXII Code Section 2:OOPM • VICKI TOTfi lf6627-Ap- located at: 3455 Bayshore Road (adj. to 280-116A(1) and Article III Code Sec- plican[ request a Special Exception ua- Shelter Island Sound) Greeaport, NY. lion 280-IS and the Building Inspector's der Section 280-136(14). The Applicant SCTM#1000-53-6-11 January 24, 2013 Notice of Disapproval is the owner requesting authoriration [o 100 A.M. AM sR rePr based on an application for building establish an Accessory Bed and Break- T f - / (DA RIITTeFf10(`Ol permit for an accessory in-ground pool; fast, accessory and incidental [o [he resi-. M6620-(Adj.from February7,2013)Re- 1) top of bluff set back of less than the dential occupancy in [his single-family quest for Variance from Arficle III Sec- code required 100 feet, 2) location other dwelling, with three (3) bedrooms for lion 280-14 and the Building Inspector's than the code permitted front yard on lodging and serving of breakfast to [he October 21, 2012 No[iee of Disapproval waterfront property or rear yard, Iota[- B&B casual, transient roomers. Loca- based on an application for building per- ed ac 135 Soundview Road (adj. to Long [ion of Property: 425 Jacobs Laae (cor- mit for construction of a third story ad- Island Sound) Orient, NY. SCTM#1000- ner Main Bayview Road) Southold, NY. ditioa at: l)more than the wde required 15-3-3 SCTMri1W0-88-1-1.5 number of stories of 212, located at 11:50 A.M -GEORGE LIKOKAS The Board of Appeals will hear all 116$ Kimberly Lane (adj. to Southold 632 -This is a request for a Waiver persons or their representatives, desir- Bay) Southold, NY. SCTMg1000-70-13- of Merger under Article l1, Section ing [o be heard a[ each hearing, and/or 20.7. 280-10A, to unmerge land identified desiring to submit written statements I0:2A A,M. - HARBOR VIEW as SCTM #1000-31-3-23, based on the before the conclusion of each hearing. FOAM, r' dh 8 sxn Building Inspector's February 1, 2013 Each hearing will not star[ earlier than Request for Variavce from Chapter 72. Notice of Disapproval, which states ad- designated above. Files are available for Article II, 72-5 (B), 72-6 (1 & 3) and [he joining conforming or nonwnforming review during regular business hours Building Inspector's October 17, 2012, lots held in common ownership shall and prior to the day of the hearing. If i • Office Location: ti~~~OF $Q(~~yOIO Mailing Address: Town Annex /Fast Floor, Capital One Bank 53095 Main Road 54375 Main Road (at Youngs Avenue) * # P.O. Box 1179 Southold, NY 11971 ~ • ~ Southold, NY 11971-0959 i http: //southold[own. northfork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 February 4, 2013 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6630 Owner/Applicant : itARAS, G. & C. Action Requested: Inground swimming pool, bluff setback and location. Within 500 feet of: ()State or County Road (X) Waterway (Bay, Sound, or Estuary) ( )Boundary of Existing or Proposed County, State, Federal land. ( )Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie eisman ZBA i pers n By: Encls. BOARD MEMBERS O f SOU Southold Town Hall Leslie Kanes Weisman, Chairperson ~0~~ jiy~lO 53095 Main Road • P.O. Box 1179 Southold,NY 11971-0959 l~( l~ Office Location: Gerazd P. Goehringer H ~ Town Annex /Firs[ Floor, Capital One Bank George Horning ~O • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider l•~Ct7o~ Southold, NY 11971 http: southol drown. northfork. net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 March 22, 2013 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 RE: ZBA Application #6630 - Karas Dear Ms. Moore: Transmitted for your records is a copy of the Board's Mazch 21, 2013 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Prior to applying for your building permit, you must submit for approval and filing two sets of the azchitectural drawings and revised survey conforming to the relief granted. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Vicki Toth Encl. 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