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HomeMy WebLinkAbout1000-15.-3-3 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, \,~' Principal Planner .LWRP Coordinato 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 quafity and quantity. Protect water quality by ensuring that proposed expansion or intensification of existing watershed development results in: protection of areas that provide important water quality benefits 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 wdtten determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney Office Location: Town Annex/First Hoor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 hup://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 February 4, 2013 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6630 KARAS, G. & Dear Mark: We have received an application for of the Building, Your written Code procedures letter. Thank you. - 4 20~3 swimming Cha are attached for your reference. ~ool,S~luff setback. A copy 3ter 280 (Zoning Code), and for this proposal, as required under the 268-5D is requested within 30 days of receipt of this Very truly yours, Leslie } Weisman Chai~ ~j~ By: ~nds. ISLAND 1.11 ~ COUNTY OF SUFFOLK I ~'.~'~ Real Property Tax Servioe ^genc TOWN OF SOUTHOLD NOTICE OF DISAPPROVAL To~ Patricia Moore Esq. for G & C Karas 51020 Main Road Southold, NY 11971 DATE: January 24, 2013 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 15 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' fi:om the top of such bluff or bank." The survey indicates the proposed construction as being 83.6' fi:om the top of the bluff. Also, the inground 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 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. north fork. net/Southold/ Examined ,20 Approved ,20.__ Disapproved a/c Expiration ,20 PER_MIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval ~ Survey. Check Septic Form N.Y.S.D.E.C. Trustees Contact: 9C~c' Mail to: Building Inspector APPLICATION FOR BUILDING PERMIT Date 1-. ¢ ,20 13 INSTRUCTIONS , filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets ( ~. according to schedule. and of buildings on premises, relationship to adjoining premises or public streets or 5~b~I~-~0vered by this application may not be commenced before issuance of BuiIding Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zouing 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, ho~i_j~:roode, m~d--r-~guiations, and to admit nl' s~ld~ UOlSSlWWOO 9890gl.91tdl.0 'oN ~I~N to ~ 'ollqnd $NOfl:~d 'V 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ~0 ~ ~ b. ntendeduse doccup ncy 3. Nature of work (check which applicable): New Building ~9 / Addition Alteration Repair Removal Demolition Other Work 4. Estimated Cost Fee 5. If dwelling, number of dwelling units If garage, number of car~ (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commemial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear Dimensions of same structure with alterations or additions: Front Depth Height Number of StOries 8. Dimensions of entire new construction: Front ~'ff~'- Rear ~>~' Height- F,¢'o f Number of Stories 9. Size of lot:Front Rear Depth Depth _ /'~/)A//'4' Rear ~-~' .Depth 10. Date of Pumhase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES )~ NO__ 13. Will lot be m-graded? YES __ NO__Will excess fill be removed from premises? YES__ I4. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES__ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF~ ~ x(/_Ac....t/~- C_ ~[q>.~(o___ being dUly swom, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Cohtractor, Agent, Corporate Officer, etc.) LoNG ISLAND soUND SURVEY OF LOT 45 ORIENT BY THE SEA SECTION TFO SITU~T~ ORIENT POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK s.c. T^X No. ~0.00-~S-03-03 'ce: $ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALg HouseNo. 135 Street Soundview Avenue Hamlet Orient SCTM 1000 Section 15 BIock~3 Lot(s) 3 Lot Size 23,762 sq.fl. Zone R-40 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 It: 765-4663 . Email: pcmoore(&~mooreattvs.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(~mooreattys.com Please check to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or E 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: ~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [3 Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) 1. Article XXII Section 280-116 (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: E A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal, Has een made at any time with respect to this property, except UNDER(Please be sure to research before completing this question or call our offtce for assistance.) Name of Owner: Gregory & Carol Karas ZBA File # '~ q REASONS FOR APPEAL (additional sheets maF be used with preparer's signature): AREA VARIANCE REASONS: (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 be at 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 the 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 "top 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 difficulty been self-created? ( )Yes, or ( X)No Thelot is pre-existing nonconformingas 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 Oleasefurnish 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. Chech this box ( ) IFA USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE A TTA CHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Si~f'~e of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) BETSY A. PERKIN$ Notap/Publlo, 8tare of New Yol~ NO. 01PE813083~ Ouellfled in Suffolk Counllf... Comml lon Expires July L5 Appeal No. 2499 Dna4 November 27, 1978 To Dolores G. Avella 536 8th Street Palisades Park, New Jersey (Charles DeVoe, as Agent) atam~n~theZ~S~App~ December 21, 1978 ( ) ¢o~m~be~ause7:40 P.M. (E.S.T.) Upon application of Dolores G. Avella, 536 8th Street 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. 3444, Orient-By-The-Sea, Section Two, orient, New 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship c~eated (i~) (is not) unique and (would) (would not) be shored by all properties SEE REVERSE (c) The v&rlance (does) (does not) observe the spirit of the Ordthance and (would) change the character of the district because SEE REVERSE (would not) sRE REVE s APPROVED - : After investigation and inspection the Board finds that the 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 i~nediate 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: Gillisple, Grigonis, Tuthill and Douglass. RECEIVED A}:D FILED BY T}r'''. SOU'i,iOLD TO%VN C~ To~ Oe~k, Town of Sou~dd APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOT]7 L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-t800 Appl. No. 4125 ~ GREGORY POULOS. Variance to the Zoning Ordinance, Article XXIII, 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 #45 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 Board 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, the surrounding areas; and 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 XXIII, 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. 4125 Matter of GREGORY POULOS · Decision Rendered September 10, 1992 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. noted: For record purposes, the following information is (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 str~cture. (c) the subject parcel is identified as Lot No. 45 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 ~age 3 - Appl. No. 4125 Matter of GREGORY POULOS ' Decision Rendered September 10, 1992 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 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 * * kTHE SOUTHOLD TOWN CLEP~ Town Clerk, Town of Southold ~trlerk of t~fe Zoning Board ( no APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Gregory & Carol Karas Date Prepared:January 28, 2013 I. For Demolition of Existing Building Areas Please describe areas being removed: II. 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 ex~ting,g deck and proposedpool (lessthan20%) 'te'foO0~ lA ~ //o/f~ 4 /9~/ /~', ~'~/~ ~.~ Proposed increase of building coverage:_420 sq.ft. Square footage of your lot: 23,762 SF or .546 acres Percentage of coverage of your lot by building area: 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 (to be started in Sorin~) Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered with yard view. 7/2002; 2/2005; 1/2007 OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Gregory & Carol Karas 1000-15-3-3 A. Is the subject premises listed on the real estate market for sale? Yes XNo Are there any proposals to change or alter land contours? E No [] Yes, pleas? explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? __ey~_ 2) Are these areas shown on the map submitted with this application? yes 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: _ yes after ZBA and if issued, please attach copies of permit with conditions and approved map. D. ls 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 top 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 ama of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this 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 ground pool (~~ng: single-family; proposed: same with garage or pool, or other description.) Authdrize~Signature and Date 2/05; 1/07 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit; site plan approva~l, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural district...411 applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance With Sections 239- m and 259-n of the {Tenet'al Municipal Law. l) NameofApplicant: ~c~ c4 C- ~ ~ 2) AddressofApplicant:~.~p4:~ [-46ttO ~t')~ 3)NameofLandOwner(ifotherthanapplicant): C~.~O~_~ , C.,q~.cl 4) AddFess of Land Owner:' 5) Description ofProposed Project: COc~.~c %~'h (B~' ~'r~ ':~(E~a ~o ~.~ ,o_~0 6} Location ofProperty (road and tax map number): I.~5 5,,_x3~,,hx/~,:-,~ [de. OrTr~ 7) Is the parcel within an agricultural district? ~]No ~]Yes If yes, Agricultural District Number 8) Is this parcel active¢ 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 Towi~ Assessors Office, Town Halt location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Nome and Address 4. (Please use back side of page if more than SlX property owners are identified ) The lot~.~um-bers~ be obtained, in advance, when requested from either the Office of the Planning Board 2~~ing Board of Appeals at 765~1809. Signature of Applicant Date at 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 thls statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copie~ of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk 6fthe board to the property owners identified above. The cost for mailing.shall be paid by tbe applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 PROJECT ID NUMBER PART 1 · PROJECT INFORMATION 617,20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicanl or Project Sponsor) SEQR PRECISE LOCATION: SVeet Adeess and Road Intersec#o~s. Prominent landmarks etc -or provide mad 7. AMOUNT OF L~ND AFFECTED: Initially ! Z-~ acres Ultimately · ~ 5~' acres 8. WILL PROPOSED ACTION COMPLY 'WITH EXISTING ZONING OR OTHER RESTRICTIONB? []Ye, [] No ,, no, B, WHAT JS PRESENT LAND LJS~ tN VICINITY OF E~OJECT? (Choose a~ ma~¥ ~$ a~ply.) [~ResidentJal r--']Jndusblal [~Ccmmerclal r-]Agriculture r-']ParklForesl/OpenSpace [~]Othe~(descripe) t0. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federm. Sta~ or Local) r;~7~Yes [] No .yes, list agency name and permit / approv.,; 11 DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? r~Yes ~X'~No It yes, list name and / agency permit approval; I1 , AS A T OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIF~F ?~I4AT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action Is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment ~ART II - IMPACT ASSESSMENT (To be completed by Lead A~lency) A. DOES ACTION EXCEED ^N'~ TYPE I THRESHOLD IN 6 NYCRR, PA~T 617.47 If yes. coordinate the review process and use the FULL EAF. declaration may be s upers~,ded by another invoh~d agency. E]Yes F'-J No COULD ACTION RESULT IN ANy ADVERSE EFFECTS ASSOCIATED WiTH THE FOLLOWING: [Answem may be handwrlifenl if legible) Cl. Existing air gealily, sudace ~r gmuadwatar query or quantY~y, noise levels, existing Itaf~c paUem. ~d waste pmduc~on or d/sbosal. ix)lenl~d foe en:~ Explain b~elly: C3. C4. A comrnunfly's exleBng plans or C5. D. VVlLL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A ENVIRONMENTAL AREA .: UKELY TO I E~] Yes PART III - DETERMINATION OF SIGNIFIOAI~CE [To be completed by Agent/) INSTRUCTIONS: F~reach~dversee~ectidenti~adab~ve~detenninewhether~t~a~u~stantia~arg~mp~xtant~rethe~w~ceaigni~cunL Each effect shOuld be assessed in connection w~th Its (a) setting (i.e. urban o*' rural); (b) probability of oocunfng; (c) duration: (d) in'eversibJity; geographic scope; and (0 magnitude. If necessary, add alfachments or reference supparti~ materialS. Ensure lhet explanations contain suflicier~ detail to show that all relevant adverse irnpacts have been iden§l,md ar~ adequately addrnssad. If q'desllon d of part ii was checkad yes, the determination of signif~nce musl evahJate the potentfal impact of the pr~p~"~ ~r,;tion on the environmental charactad, sl~s of th e CEA Cheek tni$ box If you have Idenfl~ed one e~ mom potenlfally large or significant adverse Impacts wh/cltMAY e~;oJr. Then proceed directly to the FULl FAF and/or prepare a positi~ decleretlon. Check this box If you Ilave determined, based on the intormalion and analysis above and any supporting documentation, thai the !oroDosed actio~ WILL NOT result in any significant adverse envlronmenta/impacts ~ provide, on aifac~nent~ aa necessa~,, the reasons supbo~ Ihi. detesmlr~ation. Name o/Lead Agency Print or Typ~ Name of Resnsnslble Officer In Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from resDonsible oTficer) Greg Karas 8025 Harbo~view Terrace Brooklyn NY 11209 April 27, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: I, Greg Karas, 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 (setm: 1000-15-3-3). Very truly yours, GREG KARAS APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. Thc purpose of this form is to provide information~ which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Gregory & Carol Karas and PatriciaC. Moore Esq._ (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance .X Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); ___ B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or __ D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~ dawo/f ~1~,'/--.~/~ Print~e?"Gre~t~& Carol Karas c.~..~..~afficia C. Moore LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). lfany 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 Nature and extent of action: in I~round oool Location of action: 135 Soundview Road, Orient Site acreage: 23,762 sq.ft. Present land use: single family dwelling Present zoning classification: r-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of 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 property is preexisting nonconforming. The setback from the top of the bluff was established bv the existing house. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No X Not Applicable 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 keel~in~ with the surrounding homes. The proposed setback Of 83 feet prevents non-point source pollution, prevents flooding and erosion. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria X Yes No Not Applicable No effect on flooding or erosion. Rock revetment and natural bolders protects upland 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 bazardous 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 ownershil~- 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 agrienlture. 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 *copy of Town form created on 5/25/05 TOWN OF SOUTHOLI~ I~OPERTY STREET ' t ~" RECORD CARD VI LLAGE DISTRICT SUB. ACREAGE TYPE OF BUILDING W LOT ~?Z~ Total Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot - Tillable 1 Farm 3/0o / ~,3oo /aoo RES.~/O ~ SFAS. VL FARM COMM. lIND. CB. MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS D~K ~..B'a~. -/,?z~ ,=.~-? .~'~ 3/z.¢l Founaat~on ?/~_ Bafh /~ ~ ~7 ~,~ /~0 / Basement ~,~- Floors ~tension Fire Piece / H'eet ~~ i Porch Roof Type reezew~ ~) ~Z ~q =~ ~- - Patio Rooms 2nd Flor ,arage j Driveway Dormer 15.-3-3 6/11 COLOR TRIM 1st 2nd ~,~.~BI..cI~ ,O~.,~,.~S: ~_~__~ ~_~0 3 ~ ~ Foundation PC CB OTHER Bath Dinette ~LL COMBO Extension ~Z% ~ ~ ~ ~ Basement c~ ~L Floors Kit. ~¢~e~sio~ ~,~ ~e~l ~ ~ ~ Finished B. Interior Finish L.R. ~Extensi°n~ 2~'~ ~ ~ [~ ~ ~3~ ~ ~ .. ~ ~ Fire Place Heat D.R. Garag~ Ext. Walls BR. Porch ~0 ' :0 ~ ~ Dormer Baths Poo~ Foyer A.C. 2 ~ ~ ~T ~ Laundry Libra¥ O.B. Study LONG ISLAND soUND 82..75' ~ I.,,~,~/~ ~.~'~r ~ \ \ \ \ h SURVEY OF LOT 45 MAP O~e ORIENT BY THE SEA SRCTION TWO SITUATE ORIENT POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-15-03-03 SCALE 1 "=30' AUGUST 12, 2008 .OVEMRER ~1, 2012 ~OOEO eROPOSEO mOC & ROCk( mL:'VEXmENT AREA = 23,762 OD 'nE U~ 0.546 ~oARD OF APPEALS 1. ELEVATIONS ARE REFERENCED TO N.G,V.D, 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:..~a EXISTING CONTOUR UNES ARE :SHOWN THUS:----~e---- AND BOUNDS SURVE~I:NG