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Home My WebLink AboutTR-21.-2-13Albert J. Krupski. President John Hotzapfel, Vice President Wilfiam G. Albertson Marlin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 South~old, New York 11971 Telephone (516) 765-1892 Fax (516) 765-3823 BOARD OF TOWN TRUSTIr~$ TOWN OF SOUTHOLD June 2, 1994 Patricia C. Moore Moore & Moore 315 Westphalia Road P.O. Box 23 Mattituck, NY 11952 RE: Tony Kostoulas SCTM ~1000'2t-2-t3 Dear Mrs. Moore: The following action was taken by the Southold Town Board of Trustees on Thursday, May 26, 1994: RESOLVED that the Southold Town board of Trustees gran~s approval to the above referenced property as per alternative and the conditions oi the permit enclosed. If you have any questions, please do not hesitate to contact this office. Albert J. Krupski, Jr. President, Board of Trustees AJK:jmd cc: Zoning Board of Appeals Building Dept. TRUSTEES John M. Bredemeyer, III. President Albert J. Krupski. Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 October 22, 1992 ACTION OF THE SOUTHOLD TRUSTEES ADMINISTRATOR COASTAL EROSION HAZARD AREA Variance application of TONY KOSTOULAS SCTM ~21-2-13 to, construct a 670 square foot deck within the b~nC~y hazar~ area. PERMIT HISTORY AND FINDING OF FACTS t. On March 17, 1992 an approximate 670 square foot deck was noted near completion within the Structural Hazard Area at SCTM %21-2-13 without the required permit approval of the administrator. 2. An application was received for a variance pursuant to the Coastal Erosion Hazard Act on March 25, 1992 in response to a notice of disapproval from the Building Department of March 2, 1992 and subsequently inspected by the Trustees on March 17, 1992. 3. The Southold Town Building Department allegedly permitted the deck construction to be completed so as to prevent a hazard to the Kostoulas children from trip hazards and the bluff precipice. 4. Pursuant to 37-6 the deck is wholly constructed on the bluff in that all construction is within 25' of the point of inflection. 5. The deck which is approx. 670 square feet is more than 25% greater in surface area than the house and existing deck which are approx. 1200 square feet and as such is defined as a major addition. 6. A variance is required pursuant to 37-17 A3 in that the addition is not the permitted minor addition allowed by Section 37-17 B. Additionally there are concerns that the structure contravenes the stated purpose of 37-17 A5 in that the activity may have resulted in unnecessary "soil disturbance that directs surface water run-of~ over a bluff face". 7. After the time of application, the applicant installed erosion control fabric and several tiers of low terracing beneath the deck areas without authorization from this office. 8. The bluff on site appeared to be free of active erosion at the time of inspections which were made on March 17 and May 21, 1992. 9. The bluff face was orn83~e~ contrast to centre noted re-vegetated with ,lant species and heavily mulched in practices for bluff ly seeded with "known" erosion 10. The deck in question and the pre-existing deck over the bluff cast shade over the point of inflection of the bluff. 11. The deck is not considered easily movable, although easily removed, and as such is at variance for ~ection 37-13 B: "the construction of non-movable structures oH the placement of major-non-movable additions to an existing structure is prohibited" (in a structural hazard area) 12. The deck slopes toward the bluff and there is a serious question that rain run-off is not properly directed and collected for re-charge ahead of the bluff. 13. On July 30~ 1992 an agency negative declaration pursuant to SEQRA was issued for this action which is considered an unlisted - uncoordinated action. 14. On September 17, 1992 a public hearing was held pursuant to the Coastal Erosion Hazard Act. 15. No one spoke against the application at the public hearing. DETERMINATION (conditioned approval) Whereas the deck in question could not readily occupy another site on the property. Whereas the deck in question does not reasonably mitigate the adverse impacts of run-off and shading in close proximity to the bluff face. Whereas the deck in question will not be reasonably safe from erosion damage. Whereas the variance requested is not the minimum necessary to properly protect the bluff from erosion and exacerbate the potential negative impact of the existing deck over the bluff. Whereas the Board of Trustses is of the belief that the deck should not diminish the natural soil keeping features of the bluff to the extent that erosion control vegetation will not thrive~ and Whereas the Trustees have considered tQ~t all the facts surrounding this application for a variance pursuant to the Coas%al Erosion Hazard Act the application is approved with the following conditions: 1. The deck constructed in March of 1992 and subject of this 2. An alternative 4 feet shortening of the deck subject this application and removal of the entirety of the pre-existing 14' X 22' deck over the bluff-face shall be considered equally with ~condition number one ~bove at the applicants choice. A maximum 8' X 8' landing would be permitted in lieu of the 14' X 22' deck. 3. The entirety of the bluff shall not be vegetated/re-vegetated or altered in any fashion except for the minimal disturbance needed for the removal noted above without the express written permission Of the administrator. 4. Drlr~ells shall be installed for the rear of the house. 5. A soil stabilization and plan~ting plan approved by the Soil Conservation Service shall be submitted for the top most 20~ of bluff adjacent to the removed deck prior to said deck removal. 7. An inspection of the deck removal, soil stabilization and dr!rwell installation shall be called for prior to~~ In order to avoid the need to post a bond or consider legal action for the existing illegal construction, a notarized statement shall be submitted to the Trustees within one month of this approval indicating your concurrence with the provisions of this permit, your choice of ~1 or 2 above and your agreement to abide by all of its terms. c.c. Southold Town Zoning Board of Appeals Bill Southard, NYSDEC TRUSTEES John M. Bredemeyer, HI, President Henry P. Smith, Vice President Albert J. Kmp~ki, Jr. John L. Bednoski, Jr. John B. Tnthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 REt FROI~: DATE: to file Vito Randazzo on behalf of Tony Kostoulas J. Bredemeyer, President, Board of Trustees March 19, 1992 Met in field on site this date with Vito Randazzo as per applicants request (enclosed) as a result: ,,'~ ~ 1. Will require Coastal Erosion Permit( 2. SBA permit likely required. 3. DEC non-jurisdiction letter required. cc: Bldg. Dept. ZBA - - TRUSTEES ~M. Bredemeyer, II!, President Henry P. Smith, Vice President Albert I. Kmpski, Jr. John L. Bednoski, Jr. lohn B. TnthilI Telephone (516) 765-1892 Fax (516) 765-1823 [- TRUSTEES TOWN,OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O: Box 1179 Sou~uold~ New York ,11971 COASTAL EROSION MANAGEMENT PEPJqIT APPLICATION TOWN wETLANDs PE~T APPLIcATIoN TRU'STEE i~ANDs: P~ ~PLiCATION ~el~.~. Office Use ~11 Erosion permit~applica~%on ~Wetland Permi~'AppliCa~io~ FOrrustee La,ds Permit Application ~Grandfath~r' Cmmp]eted Apps. Date- ~i~ce Required,Z~/~ _~ Neighbors notified Date: ~ SEQ~pe Coord~ Review-opt.,mand. ~ns~.,comp./date: SEQRA Determin./dare: Public Hearing/date: Findings: ~ermit Vote: (Y/N~: Special Conditions: (also see filel Application Number; SC~4 Project Name (If any) Date Prepared: f~ Phone Interest: (owner, consultant,lessee,etc.) Owner of Proper~y: Address ~ (Provide LILCO Pole 9, Distance to cross Streens ii not on location map) THIS IS NOT A PERMIT Yds. to be excavated: ~t~ Yds. to be filled: Manner in which materia~ Will be removed or deposited: Width of canal, creek or bay fronting property: (~j~_~C/~ Depth at low tide: Aver. rise in tide: Distance to nearest channel: Distance project extends beyond~imilar projects in area: Area zoning: ~ Land area in acres:~ ~ Is project for' private or b3~siness use. ~-~ ~ Intended use of property: ~A.~ Describe kn~own pri~or operations conducted on premises: Has any prior license or permit been issued~o~er~,~ structures dredge, or deposit fill on said premises: ~ ~ $ ~/. ' Has any license or permit ever been revoked or suspended by a Governmental Agency: ~.~ Project Description The projec~ description must also ~nclude plans for reclamation of land ~t_.~,r~d~u,~i-ng:~nstructlon of the principle and accessor~y; s~_.t~: ~ug~u~est and[ u~derground structuresl ( l'e' , p~pel~ne and septi~ system; make kdd~tional attachments if necessary). Authorization (Where the applica~ is not the owner) Z ~,e~ding a~ (Print-owner of~ect property) ~a~ ~~ne)/qcfJ? do hereby au~ize to apply for Coastal E~,~n per~it[s) from the Southold Town Trustees / Signature THIS IS NOT A PE~IT County of Suffolk ) State of New York ) BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESORIBED PERMIT(S] AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT WORK WILL BE DONE INTHE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF ~TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWNOF SOUTHOLD~T~ AND THE TOWN TRUSTEES HARMLESS ~ND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY (.S) ). ~HETRUSTEES, THEI MY pROPERTY OF THiS SWORN TO BEFORE ME THIS ~<~ DAY OF ,19 ~ PUBLIC JOYCE M. WILK~NS Notaw' Public. State of :~ Yo~ Term ~ June 12,, ~19..~---~ Suggested space for location Map THIS IS NOT A PERMIT Il z ..% rtl 10:17 TOWN OF d