HomeMy WebLinkAbout52460-Z TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, NY
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES
WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS
UNTIL FULL COMPLETION OF THE WORK AUTHORIZED)
Permit#: 52460 Date: 11/17/2025
Permission is hereby granted to:
Nicholas Rontiris
160 Circle Dr
Manhasset, NY 11030
To:
demolish (as per Town Code definition) and reconstruct a single-family dwelling as applied for per
ZBA,SCHD&Trustees approvals.
Premises Located at:
240 Knoll Cir, East Marion, NY 11939
SCTM# 37.-5-15
Pursuant to application dated 09/08/2025 and approved by the Building Inspector.
To expire on 11/17/2027.
Contractors:
Required Inspections:
Fees:
Single Family Dwelling- Addition &Alteration $1,633.50
CO-RESIDENTIAL $100.00
Total S1,733.50
Building Inspector ��
TOWN OF SOUTHOLD—BUILDING DEPARTMENT
xG Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959
Telephone(631) 765-1802 Fax (631) 765-9502 htt ://www.sotitholdtowiiji . v
Date Received
APPLICATION FOR BUILDING PERMIT
For Office Use Only
PERMIT NO. Building Inspector;,
Applications and forms must be filled out in their entirety. Incomplete Building Der;an srnent
applications will not be accepted. Where the Applicant is not the owner,an Town of jesullhold
Owner's Authorization form(Page 2)shall be completed.
Date:
OWNER(S)OF PROPERTY:
Name:RONTIRIS, NICHOLAS SCTM#1000-37-5-15
ProjectAddress:240 KNOLL CIRCLE EAST MARION
Phone#:516-312-3874 Email:nrontiris@gmail.com
Mailing Address:
CONTACT PERSON:
Name:PATRICIA C. MOORE
MailingAddress:51020 MAIN ROAD SOUTHOLD
Phone#:631-765-4330 Email:pcmoore@mooreattys.com
DESIGN PROFESSIONAL INFORMATION:
Name:
Mailing Address:
Phone#: Email:
CONTRACTOR INFORMATION:
Name:
Mailing Address;
Phone#: Email:
DESCRIPTION OF PROPOSED.CONSTRUCTION
❑New Structure ❑Addition RAlteration ❑Repair ❑Demolition Estimated Cost of Project:
❑Other $10,000.00
Will the lot be re-graded? Dyes ®No Will excess fill be removed from premises? ❑Yes ®No
1
PROPERTY INFORMATION
Existing use of property:One Family Year Round Residence Intended use of property:One Family Year Round Residence
Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to
R-40 this property? i@Yes [:]No IF YES, PROVIDE A COPY.
I�Check BODE After Reading: The owner/contractor/design professional is responsible for all drainage and storm water issues as provided by
Chapter 236 of the Town Code. 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,alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,
housing code and regulations and to admit authorized inspectors on premises and in building(s)for necessary inspections.False statements made herein are
punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal Law.
Application Submitted By(print T'RICIA C. MOORE BAuthorized Agent Downer
Signature of Applicant: - t Date:
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK )
PATRICIA C. MOORE
being duly sworn deposes and says that (s)he is the applicant nt
(Name of individual signing contract) above named,
(S)he is the AGENT
(Contractor,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/her knowledge and belief;and
that the work will be performed in the manner set forth in the application file therewith.
Sworn before me this
Lday of , 2025
Notary Public
MANSION MESSINA
Notary Public,State of New York
No.01 ME6370536
PRO ;R Y N F:AR ALITI°f0R Ff ' uallfied In Suffolk County
(Where the appllcant is not the ovq4g"ission Expires February 05,
2PAD
I NICHOLAS RONTIRIS residing at 240 KNOLL CIRCLE
EAST MARION do hereby authorize PATRCIA C MOORE to apply on
my behalf to the Town of Southo Building Department for approval as described herein.
� -
Owner's signature Date
NICK RONTIRIS
Print Owner's Name
2
z
m
TOWN OF SOUTHOLD Ld U o
SUFFOLK COUNTY, NEW YORK z v
N1.TESALL PROPOSED SANITARYLINES TO BE 4.0 EGR36 PVC PIPE SCTM: 1000-A97-5-15
O yy OF
3 NO _nusW.I,VNmI;ffOF; ABMIND w
SANITARY SYSTEM [_.,Z
D- N'OEXSTINGDRYWELLS VIT INFROPERTYLIAESTlF4.. Q
J � � 4 ALL UNDERGROUND STRUCTURE LOCATIONS ARE APPROXIMATE UU y
q, d AND SHOULD BE VERIFIED IN THE FIELD BY THE CONTRACTORIT PLAN
R L
l % (all l63ll es2 5754 Ae heun In
ndaRMa,aoadiedule �R=#'�_ I. nsPxt PnSq, -
0 10 20 1 r RO N AccGRDANNC ,BOARD OIF
Ifi r o O REV E v D_.a im iA.o.N DATED 1110112O25
T .6.., ± EXISTING WATER SERVILE AND LL
zV,.E p _ IIETER TO RENAIN
+ ALSO IN OF GARDINERS BAY ESTATES PUBLIC WATER qt.LF OF PROPOSED A`PVC A
IT
A$xxr4E O15T 1000 SEC 37-BLK 6 LOT 16 cu 0' Co": L PA HE O. 'S TM vER4'IGES
m €3L INC 10•COMMON ACCESS SA<'ldFL.' _ IPEMI°.AIIN$,.- -.. _ — m - FCR Coa'NA _ g
GRAw P
O y � EKIST YG WATEfl iiEST HOLE
PRGFosEDVENTrMIN w- - -- PR OF€" R c o.:P. A
6 4 rga €. ;KK. CHARCOAL ILIERAIN-3 S APROFPREEL* f=A•% I WOOD BR=DGE P s Y ONLY
l= S 37°45'S0" E
",..52 S,C_t A L es_F t`1
T DATE 91 +IIl.s,u F6
J
Fog - aA O€ S€ z
'.0 - ? 4 f _ ��7 EXPIRESH..REEYE ti xFsFR0 D',�CF.Ap <0V,AL ¢
� 1Lu
z l+ � f r-PINDNOGRE5srLTFEncE ( 1
aq.
�BE 1 1
cf
a.
= ES TO REKIAIN Jy 'Y 5 € ; XS m 1
. N.�L2EN e L< p
SANI DESIGN CALCULATIONS } �� �` �` � � „�� (L s E 4TTAC EC SPEC A_COND TI,N• Q
f
OI.LWGALInD. GRAINPPEQ KAIN SLOPE _ j m ' >Aiq ;Q3 PLOT Al a Bg P ;f(t u�a..�C a sg
.CSLPOSP-.E V ly d17#Iq E
LEACHINGGALLEYSCLCULATIONS RNPIPE®IAKIIN
D BEDRM 4UY
40GA4LDAWS
j# FEETvTSF/25SFUNIT O67VF
W
11----1111
106TVFOF LEACHINGPOOLREOUIRED 6
IDESICNED FOR SF SIDEWALL I2Vfl _
RH9O%6•EFF GEPIH LEACHING POOLS PROVIDED fAW a3'1 .2 oo ----.
fi,LF DFPRD 0GED4 WD � - LOCATION MAP
GRAIN PIPE®1%MIN SLOPE OU P 'A1 �" �` w
dT"G '9 � HIGHEST EXPECTED GROLN0IYATER IYF0P6NTI0N _ / f `ji` w J
ia %hE iv`F%PECTED m > ",�/3 - Z� '..a
=x sa ,: 'sts TFR a4VEA<M's `iA.LkSNKfa - .f� `.£Y t .. - _ J1. o
44SP 51 6WD SI nLLW 3PUNICTERS 116I4Fi - "� 3 fi A U�zm
ORTHO HT=2971 METERS z 9747 FT ' (7
"- DIFFERENCE 1 IFT € p�<� - J o'
D6A0 GHTBflO NHNE BW W 799AIETGRB 262IFT(LLWGATUM) !DRAINAGE DESIGN CALCULATIONS
b f' c �w fa 8-
iOCWRSE SANO AI NW OR HIGHEST EXPECTED GROUNDWATER 075 FTINAVE6)
�. ----_....PUE eflawN -_.. Nvo sioflr DwLLurvc 1]26sryIMPEm9Dus) _ oa'w8
BD-129 FINESAND SP STORAGE" DOEF(IMPERVIOUS) - F
'-+ - HIGHESTEMPECTED DFIVEIYAY 906 SF(PERVIOUS)
2 149 P—ROWNFINE EW GROUNDl4AlEfl EL.0]5 -
TOCCUREESANO GRO'JNDIYATER EL 02 IMPERVIOUS AREA IBGILDING$) 115 X�X-292,7CF ' d w O
PERK USAREA(ORIVEWAY) 90BSFXJX03=454CF
14 B-170 IYATER IN PALE SW,
BROIVA FINE iO REO1 GPALItt' 3361 GF tom.
1 COED DRAINAGE DEPTH 131E 1 CF1423CFNF)=601 N7 -PM
COURSE SANG 9ORMG BY SOIL EVALUATIONS
TAKEN ON AUGUST27.202E ONOED 6'O%9 EFF.DEPTH P00L=9� _
�' Nwr_n.AAoCNUx? dT4 tP,Gr -. SiflNOIEE
[� �^^�1 p+�jj GR1.AIN BGR RAINAGERUNOFFT0 BE CONTAINED ON SITE IN STORM DRAINAGE L
EST L7VI IN DOLE ST GTURES AND WITHIN PROPERTY LINES.THERE WILL BE N0 RUNOFF INTO 1PQ lW
' FACE WATERS
J N_T,S, 2 ALL R0OF DRAINAGE PIPES TO BE 4-P.VC UNLESS OTHERWISE NOTED F� $� 6 GAIJI a+s Riy U)
New York State Department of Environmentai Conservation
Building'40--SUNY, Stony Brook, New York 11790-2356
DATE;
Re: Thomas C.Jading
r wommissioner
Dear , '
A review has been: made o£ your prop sad to: 0
47-5 - s i
Pased on the information you have submitted, the New York State Department
of Environmental Conservation has determined that the parcel
project is :
Greater than 300 ' from inventoried tidal wetlands . .
Landward of a substantial man-made structure zajdtlal
g�j err than 100� length whi h was constructed prior to S 20 77 .
/teat ,
Ida,-SSLl
Lant, ard of the 10 ' above men sea level elevation contour on a
gradual, natural slope.
Landward of the topographic crest of a bluff, cliff or dune which is
greater than 10 ' in elevation above mean sea level.
Therefore, no permit is required under the Tidal Wetlands Act (Article 25
of the Ezivi.roruuental' Conservation Law) . Please bc-advised., -however, that
no construction,. sedimentation or disturbance of any kind may take place
seaward of the 10 ' -contour or topographic. crest without a permit. It is
your responsibility to ensure that all` necessary precaueilions "are taken' to `
prevent any sedimentation or other alteration-or- disturbance to the
ground surface. or vegetation in this area as a result of your project.
Such precautions may 'include providing adequate work area between the
10 ' contour or topographic Brest and the project (i.e. a 15 ' to 20 ' wide
construction area) or erection of a temporary fence, barrier, or hay
bale berm.
Please note that any additional work, or modification to the project as
described, may require authorization by this Department. Please contact
this office if such are contemplated.
Please be further advised that this letter does not relieve you of the
responsibility of obtaining any necessary permits or approvals from other
agencies.
Very truly yours,-
� .`° ` Deputy Regional Permit Administrator
�r n
BOARD OF SOUTHOLD TOWN TRUSTEES
tl SOUTHOLD,NEW YORK
ePERMIT NO. 10847 DATE: AUGUST 13,2025
a
n
ISSUED TO: NICHOLAS&AISPASIA RONTIRIS
p PROPERTY ADDRESS: 240 KNOLL CIRCLE EAST MARION
SCTM# 1000-37-5-15
AUTHORIZATION
Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in
accordance with the Resolution of the Board of Trustees adopted at the meeting held,on Agggg 13,2025„and
in consideration of application fee in the sure ofJ1J5_0,AQ paid by Nichoias spasia 8ontir s and subject to
the Tereus and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and
permits the following:
Wetland Permit to demolish (Per Town Code Definition),and reconstruct the existing 1 2 story
(111 floor 1,716 gross sq.ft.).dwelling with attached garage.51x8' outdoor shower,and 2.5'x10.5'
trash bin;within the footprint of the roof install a new 24.8'x45.10' second floor dormer;
replace and reposition existing windows,replace exterior doors and siding on dwelling; remove
east side door and stoop and replace with a window;install a stormwater drainage system;
existing timber deck on west side of dwelling to be repaired as needed(113' in total length by
35.11' by 3.10' cut around tree),with tree cut down and deck repaired to fill in cut;existing
timber retaining walls to remain consisting of a lower wall starting from west to east 8' 4-3/8"
to 6111"to 10' 1/8"to 419"steps to upper grade;-lower timber wall continues west to east 8' 2-
1/2"to 23' 1-1/2"to 17' 3-3/4"to existing steps 4' 9-1/2"to upper grade; and upper stone wall
» > » > » > "; native
ratio with
9 4-1/2 to 29 5 to 13 9 to 7 2 replace
ce an trees removed on one-to-one
o-one r
P Y
hardwoods with a minimum 3" caliper; and to establish and perpetually maintain 15'wide
non-turf buffer along the landward edge of the bulkhead;with the condition to install an I/A
OWTS septic system on the landward side of the dwelling; all as depicted on the site plan
prepared by Ciardullo Architecture& Engineering,PC,received on October 6,2025,and
stamped approved on October 6,2025.
IN WITNESS WHEREOF"„the said Board of Trustees hereby causes its Corporate Seal to be affixed,
and these presents to be subscribed by a majority of the said Board as of the day and year written above.
f, m
a w
a
4
"
------e_-.�<� z
} 9�
Ntil
a {# s
c
z
€€ F
�,.. � a e ;• ,��-- €spa
f
K
APPROVED BY
BOARD OF RUSTEES
TOWN OF SOUTHOLD �
�[E OCTOber 015
t s
r I I { Nil
[as
d,E
a
, c
PAT armr,-.... [ a.Le mu ,SEPTIC SYSTEM REFERENCE DRAWINGS
�C7t.R tSTOG�7$?Rt'�tit{A _NSA I i 3 _ vir Nib.
L
DEMOLITION AND RECONSTRUCTION OF HOUSE A032.00
240 KNOLL CIRCLE 1 C �
EAST MARION,NY 11939
BOARD MEMBERS a ov Southold Town Hall
' , ' � �
Leslie Kanes Weisman, Chairperson 53095 Main Road• P.O. Box 1179Southold,NY 11971-0959
Patricia Acampora � Office Location:
Robert Lehnert, Jr.
Town Annex/First Floor
Nicholas Planamento 54375 Main Road(at Youngs Avenue)
Margaret Steinbugler UNTI,' Southold,NY 11971
E 0 L '� .� RECEIVED
http://southoldtownny.gov 6
' SEP 1 2 ,T,?5 �° ZONING BOARD OF APPEALS
'� � S E P - 9 2025
TOWN OF SOUTHOLD
arllln ' part nl Tel. (631) 765-1809
,."e, r 10uth®Id Ton Clerk
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF SEPTEMBER 4, 2025
ZBA FILE No.: 8026
NAME OF APPLICANT: Nicholas and Aspasia Rontiris
PROPERTY LOCATION: 240 Knoll Circle, East Marion, NY SCTM No. 1000-37-5-15
SE RA DETI M E1NAjM: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type II category of the State's List of Actions,without
further steps under SEQRA,
SIDI�'FOLK COUNTY ADMINISTkA'rIV ,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 June 13, 2025 stating that this application is considered a matter for local determination as there
appears to be no significant county-wide or inter-community impact,with the comment that erosion and sediment
control measures should be required during and immediately after construction to ensure that stormwater runoff
will not carry eroded and other deleterious materials into Spring Pond.
LW P DETERI�fNIAT1ON This application was referred for review under Chapter 268, Waterfront
Consistency review of the Town of Southold 'rown Code and the Loral Waterfront Revitalization Program
(I.WRP) Policy Standards. The I.,WRP Coordinator issued a recommendation dated July 30,2025. Based upon
the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as
the records available, it is recommended that the proposed action is INCONSISTENT with LWRP.
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 minimized
adverse effects of development.
1. Reconstructed structures that do not meet regulatory setbacks, gross floor area(size), and height on small
waterfront parcels do not support or enhance community character or minimize the effect of development
on the environment.
2. Structures that breach the rnaxinnum lot coverage of 20 percent do not support or enhance community
character.
However; with the variances granted subject to the conditions imposed herein, including the installation of a new
snitry system and deck setbacks returned to the values approved in ZBA decision No. 4118, the Board now
finds the proposed action to be CONSISTENT with the.LWRP.
Page 2, September 4, 2025
#8026, Rontiris
SCTM No. 1000-37-5-15
PI C.)l'F 1 1 FAC 1"S/D1 S$C R1P11,?t�: The subject property is a non-conforming 9,778.87 square foot waterfront
parcel in the R-40 Residential Zoning District in the Gardiners Bay Estates neighborhood of East Marion. The
parcel has a curved 26.1-foot northwest frontage on Knoll Circle and a 157.52-foot northeast boundary running
from Knoll Circle adjacent to a community right-of-way to a bulkhead on Spring Pond. It has a boundary with
Spring Pond consisting of three segments with lengths 21.86 feet, 59.03 feet, and 14.43 feet, going east to west,
and a 163.32-foot western boundary back to Knoll Circle of which 10.17 feet is bulkheaded and 153.15 feet
adjoins the neighboring parcel to the west. The property is developed with a two-story frame residence with
attached wood deck, a bluestone driveway and stone and timber walls between the dwelling and bulkhead, all as
shown on the survey prepared by Kenneth M. Woychuk, Land Surveying, PLLC, last updated September 10,
2024,
RA5[ mml AP I IC A Imt Request for Variances from Article XXI.II, Section 280-124, Article XXX I,
Section 280-207; Article XXXVI, Section 280-208A; and the Building Inspector's April 10, 2025 Notice of
Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct a
single family dwelling; at 1) less than the code required minimum side yard setback of 10 feat; 2) less than the
code required minimum combined side yard setback of 25 feet; 3) less than the code required minimum rear yard
setback of 35 feet;4)more than the code permitted maximum lot coverage of 20%; 5)gross floor area exceeding
permitted maximum square footage for-lot containing tip to 10,000 square feet in area; 6)the construction exceeds
tide permitted sky plane as defined in Article I, Section 280-4 of the Town Code; located at: 240 Knoll Circle,
(Adj. to Spring Pond) East.Marion, NY. SUM No. 1.000-37-5-15.
,, t E REOt.ESTED: The applicant requests variances to modify tale dwelling's existing second floor to
increase ceiling height and enable relocation of a first-floor bedroom to the second floor; and to resurface the
existing deck, for which variances were granted in ZBA No. 4118, in 1992. The existing dwelling has a side yard
setback of 4 feet;, 1.5 inches, a combined side yard setback of 14 feet, 0.5 inches, a rear yard setback of 32 feet,2
inches, and lot coverage of 24.8%. In addition, the existing dwelling; exceeds the p'ennitted sky' plane. The
proposed dwelling has gross floor area of 2,951 square feet. 'File proposed second floor modifications do not
introduce any further non-conformances other than GFA, all as shown oil page A030.00„ Site Plan and Zoning,
contained within the architectural plans titled "House Renovation 240 Knoll Circle" prepared by George J.
Varthalamis, Registered Architect, dated March 19, 2025.
ADDITIQNw L INFORMATION-.
The application included the architect's signed and stamped analysis of gross floor area(GFA)of ten houses(five
to either side of the subject parcel) indicating the neighborhood average GFA is 3098 square feet.
The property is covered by Pre--Existing Certificate of Occupancy No. 46186 dated May 23, 2025 for a wood
frame single family dwelling with garage Linder.
The property is covered by Certificate of Occupancy No.Z-22252 dated April 9, 1993 pursuant to Building Permit
No.21236-Z dated February 23, 1993 for a deck addition to existing one family dwelling subject to the conditions
of Zoning Board of Appeals file No. 4118.
"I"he property was the subject of ZBA file No. 4118 for permission to build a wooden deck over an existing patio
where the patio was set back one foot from the side yard property line. The Board decision required the side yard
setback to be no less than 3 feet and required the setback from the bulkhead to be no less than 36 feet.
I..lie current setback from the bulkhead is 32 'feet, 2 inches where ZBA file No, 41. 18 allowed no less than 36 feet..
In the public hearing ti'ie current owner testified that lie believed the prior owner built the deck further south than
granted by ZBA file No. 4118. In the public hearing the applicarw't's representative indicated that the bulkhead
Page 3, September 4, 2025
#8026, Rontiris
SCTM No. 1000-37-5-15
had been replaced, which may have altered the bulkhead setback dimension, and that the intent is to have the
drawings and construction conform.
Following the public hearing the applicant's representative provided copies of six prior ZBA decisions on
waterfront properties in the neighborhood including:
• No. 7373 in 2020 to demolish an existing dwelling and reconstruct using the same foundation allowing a front
yard setback of 32.4 feet;
• No. 5788 in 2005 for a new single-family dwelling with a 58-foot setback from the bulkhead;
• No. 5682 in 2005 allowing a second-floor dormer and deck which increased non-conformity within the existing
foot print;
• No. 5312 in 2003 to demolish an existing dwelling and reconstruct with a new foundation, with the new
construction maintaining the existing structure's 10-foot side yard setback and the 73-foot setback to the
bulkhead;
• No. 5194 in 2002 allowing new second floor dormers within the existing footprint,requiring front and side yard
setback relief;
• No. 3557 in 1987 to demolish an existing dwelling and reconstruct on the existing foundation with a 5-foot side
yard setback.
Following the public hearing the applicant's representative provided updated plans detailing the components of
the existing and proposed lot coverage.
The application indicated that a Trustees Wetland Permit has been issued for the project.
According to the Board of Trustees records, a Wetland Permit is approved pending revised plans.
No member of the public spoke for or against this application.
l T1 fITl 1'J k ,m_Q)F 17[/ RFASOM5. )R BQAAR:Q,_AC 1QN:
The Zoning Board of- Appeals held a public hearing oil this application on. August 7„ 2025 at which tinte written
and oral evidence were presented. Based upon all testimony,documentation, personal inspection of the
property and suaTounding neighborhood, and other evidence., the Zoning Board finds the following facts to be
true and relevant and makes the following findings:
1. Town .Law 4"267-b 3 1l . Grant of the side yard„ combined side yard„ lot coverage, sky plane, and gross
floor area (GFA) variances will not produce an undesirable change in the character of the neighborhood or a.
detriment to nearby properties. The neighborhood, Gardiners Bay Estates, is characterized by a mix of mostly
frame dwellings, some of which appear to retain the original one- and one-and-one-hall story architecture, while
others have been renovated to be enlarged and/or to add a full second story. The second story addition on the
subject dwelling will be in character with other renovated homes in the immediate area, including the second
house to the east, the third and fourth houses to the west, and the house across the community parr,all of which
have full second floors. The side yard, combined side yard, lot coverage, and sky plane non-conformances are
pre-existing and have been in place for at least twelve years. The. proposed GFA is less than the neighborhood
average. However, the rear yard setback does not conform to the conditions Imposed by ZBA No. 4118, which
states that`'the setback from the bulkhead shall not be less than 36 feet as exists for the patio and must be landward
of the timber retaining walls, as requested."
2. 'town La-ty '267-b b)(2). The benefit sought by the applicant cannot be achieved by some method,feasible
for the applicant to pursue,ether than an area variance. Since the existing dwelling,built prior to zoning, has sky
Page 4, September 4, 2025
#8026, Rontiris
SCTM No. 1000-37-5-15
plane exceedances on the cast and west sides of approximately I foot, 7 inches of height and length, it is not
C-1 n
possible to renovate tile second story without retaining this existing non-coni"ormance, ZBA No,4118,approved
a 4-foot, 1,5-inch side yard setback which led to the 14-foot, 0.5-inch combined side yard setback and to the lot
coverage of 24.4%, all pre-existing the current application. The deck however can be re surfaced and modified
to be compliant with the conditions of'ZBA No. 4118.
3. Town Law $267-b.(3)(bJ(3f. The variances granted herein are mathematically substantial, representing
58.i;7/a relief from the. code for the side yard setback, 42% relief for the combined side
yard setback, and 22%
relief for the lot coverage, however these variances were legalized in ZBA application No. 4118 for the deck
addition, and the dwelling's sky plane incursions pre-date zoning. The rear yard setback variance requested is
also substantial representing 8.1%and non-compliant with ZBA Decision No.4118. The gross floor area of 2,951
!square feet exceeds the code-allowable 2,100 square feet of GFA for the lot size; however, it is 147 square feet
less than the neighborhood average of 3,098 square feet, therefore permitted under ZBA GFA averaging
guidelines.
4. No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on tile physical or environmental conditions, in the neighborhood, The
applicant must comply with Chapter 236 of the Towns Storm Water Management Code and must take required
erosion and sediment control measures during and immediately after construction to ensure that stormwater runoff
will not carry eroded and other deleterious materials into Spring Pond.
5. Town Law §267-b(3)( 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. lown Law '267-b- Grant of the requested relief is the: minimum action necessary to enable the applicant to
enjoy the benefit of a renovated second story compliant with the NYS Building Code and a re-surfaced deck while
preserving and protecting the character of the neighborhood and the health, safety and welfare of the community.
C,
'1`111�..BOARD: In considering all of the above factors and applying the balancing test Under
New York Town Law 267-13,motion was offered by Member Steinbugler,seconded by Member Plaaramento,and
duty carried, to
GRANT the side yard,, combined side yard, lot coverage, sky plane, and gross floor area (GFA) variances as
applied for, as shown oil the survey prepared by Kenneth M. Woychuk, Land Surveying, PLIX, last updated
September 10, 2024 arid as shown on the architectural plans titled"'House Renovation 240 Knoll Circle"prepared
by George J. Varthalamis, Registered Architect,dated March 19, 2025; and
DENY the rear yard setback variance in accordance with condition No. 2, listed below.
SUBIWICT 'F0 THE FOLLOWrNG -_ONDFrIONS: y the Suffolk County Department of Health
I, The septic systern on the subject property must be approved b
Services. No. 4118, which states that the setback from the bulkhead
2. The deck is to be modified to comply with ZBA
3 shall be not less than 36 feet. architectural plans depicting granted variance relief.
3 1 signed and sealed site plans and archi
Receipt of amended sig
4. The modified deck is to remain open to the sky above.
5. During and immediately after construction erosion and sediment control measures must be taken to ensure
that stormwater runoff will not carry eroded arid other deleterious materials into Spring Pond.
Page 5, September 4, 2025
#8026, Rontiris
SCTM No. 1000-37-5-15
6. All violations noted on the pre-existing Certificate of Occupancy shall be addressed prior to the issuance of a
new Certificate of Occupancy associated with this project.
This approval shall not be deemed effective until the required conditions have been met". At the discretion of
the Board of Appeals,failure to comply with the above conditions may render this division null and
void
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
The Board reserves the ri ht to substitute a similar design that is de minimis it, nature hr.an alteration ti:at
dines not increase the degree o noncon ormitv, Provided de minimis retie is re uestetl within arse ear o the
date of this decision. Any time a ter one ear.the Board mav re wire a newapplication..
IMPORTANT LIMITS ON'THE E APPROVALSGRANTED EREIN
Please Read Carefully
Any deviation from the survey,site plan aardlor architectural drawings cited in this decision, or work
exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building
Department of a building permit and/or the issuance of a Stop Work Order, and may require a new
application and public hearing before the Zoning Board o,f'Appeal:.
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,demolitions,or demolitions exceeding Ilse scope of the relief
granted herein, are not authorized under this application when involving nonconformities under the zoning
code. This action does not authorize or condone an 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.
TIME LIMITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of
Southold any variance granted by the Board of Appeals shall became null and void where a Certificate of
Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County
Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon
written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one
(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY T'O ENSURE COW1,1ANC'F
WITH THE CODE REQUIRED T1W, FRAME DESCRIBED HEREIN. Failure to comply in a timely
manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the
approved variance relief, and require a new variance application with public hearing before the Board of
Appeals
Vote fthe Board: Ayes: Members Planamento (Vice Chair), Acampora, Lehnert, and Steinbugler. (4-0)
is olas anarnento, Vice Chair
A reed for filing 1 / (� /2025