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� f35 a"�t � L cS(i lry)m inj to oa f po-�s - EC.6C �d v/TiofJ Gd/; ��✓ �Do ' o .�Lt.G F� f� • 1 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �OF S��ryOlO 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning • �OQ 54375 Main Road(at Youngs Avenue) Ken Schneider COMM Southold,NY 11971 http://southoldtown.northfork.net E El ED ZONING BOARD OF APPEAL_ S TOWN OF SOUTHOLD M R 2n8 2 13 Tel.(631)765-1809-Fax(631)765-9064 4S6 t-!uthold Town Clerk 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 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County 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 a non-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: I t Page 2 of 3—March 21,2013 ZBA File#6630-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: 1. Town Law &267-b(3)(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 j 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. l 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 Trom the road. 4. Town Law 267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-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 j 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 I 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: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, 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. i i i Page 3 of 3—March 21,2013 ZBA Fitetl6630-Karas SCTM: 1000-15-3-3 Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a Possible denial by the Building Department of a buildingPermit, and may require a new application and public hearing before the Zoning Board of Appeals. 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 that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. i 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: Weisman(Chairperson), Goehringer,Horning,Schneider. This Resolution was duly adopted(4-0). I c Leslie Kanes Weisman, Chairperson Approved for filing 3 Y,6 /2013 i i I I I i I I. i H. ROY JAFFE, P.E. 82 EAGLE CHASE, WOODBURY, N.Y. 1 1797 516-364-01 48 FAX 51 6-364-01 58 August 19, 2013 RECEIVED 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 thle construction of a swimming pool on the premises of: Karas 135 Soundview Rd Orient, NY 11957 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, Y OF NSA H. Roy Jaffe, P.E. co ,k ipA�M, 047410 FINAL MAP �pRQFESSIONP�'� REVIEWED BY,ZBA S:EE DECISION # U DATED 1'3 ' � 2-44 -PAL AND pROpERj-y TO OCNFUM 70 N.Y. STATE RESIDENTIAL SECTION G106 OCOE APPENDI:C G 200 EDITION ENTRAPMENT PROTECTICN REQUIRE( POOL TO OQtIFORM TO ANSI/NSPI s w4DARDS AG103.1 SECTION G107 POOL ALARM REQUIRED sip E (fT) /L D c o E F a AAt- OAF• 3� b.. 375 j- #AFT AMtIA Ao MAANO) f-1 .r+w1 W, sulk+ ,>♦ w,z►t - Su'tm 0 UT � T'OR ZA- 3' MAIN ry M3 DHArNs � - BOARD OF ppPEAI-S . - _ _ _. 7 eate r too r1 - CENCRAL NOTES. b Lit* P L TitE OCSIGi[ K iASLO ON A ORwINACE SONL WITH KM SILT-. - �= _ _i � G� ley 1YtR`lttf/�kSltjGft . CAOIJYO WATGI SuALt NOT EXIST vttTNIN THE L?YCfi Of THE EXCAVATION-If CAOUND•PATER EXISTS 1rIT►NIN C�-O"LOW .G� KA(l :� S t • =,.I'�� _� VIEWED GRADE SrLG((iL-OCl�IATf1CiNG F.tGu71. tn(1�E RCOu. a_ T'LS 7T d, 1rwTEIL0.fmtO.. Is LHIITCO To OW►LR� triorEJtTr_ _ Dp,q��'O� Z No iu�O - ALt OM'EO UTTNIN 4---o-Of WtALL" ENO - _` •. y�w EC - ...tTN MYoosTxr(c, AJND sad ofOCET cNA_ 'TEE S 3_TI-C rKl0AATXALLT APPLIED CONCRETE(CUka E1 s+tALL .CE 9C A MIX VITH A LCAXIUVU 04.3S -CJ-LO#CS OF � i IK 6R/�YPL SA M 3 agSS. WATtR PER SALT(OF CEKEM- - — r U ®LNG 4- ROMFOAC&MG STEEL S►cALL DE lkTCRi.EONATE GAAOF : v _ MOu+s VMKs SILL-CT STEEL WITH A MINIMUM LAFOF 3o.aAR• �i ;T ; � !(.zs�t'r•�#W41wlw ®� ��'w' DIA.NcTCR�. = 9�+ ta "t �+vtc{ow +'V s POOL rwT[R svrrLT aT owNER"s cw><o[N rlosl<_ _ _ t :p -4UL �ifrNpv�GGO I / ° �'(RO)- �O POOL TO !C Of PT FULL GUAING FREEZING WEAT►tCR_ n/411[i G ply •r• �_=- tKfH j rl�` Q'� -q� :p ' tL/Yt CAtAUT7 TO BE S1lFfICIENT TO EYtTT POOL •. .-�. I�I2 /�I IN 24 YOURs. I TyPI�GhL ' rcnT n c+et M�N"c1xT �` 04741 Kara_s REVISED 9/f j H. ROY JAFFE, P.E. P ROfESS10�'�" 135 Soundview Rd Orient, NY 11957 i ' I _ I I I I EXISTING nEDGERON TO REMAIN I I I I I j L A W N RECEI ED I I 54•nGr.BLncK ORNAMENTAL i SUE 6,CK [[[��� sss ALUMINUM FENCE _ A I I r 2 '/ 2013 4'-0°x e'-O"x 4'-6" ; t ___ BOARD OF APPEALS CEDAR POOL EQUIPMENT LINE OF POOL I �MorrArw ' ENCLOSURE SETBACK n POOL STEPS 10' fy--� SETBACK - {; WA)ER%ALL INTO P.'Y)L� ,+ t , 15'x25' GUNITEiPOOL"" \� FINAL MAP I w - 3.5 TO 6'DEPfFt 505TING WOOD ✓/� STEPS TO REMAIN - --- - --- / I REVIEWED BY RESIDENCE � ° = I ta~ A _ --- --- �°� ��� I SEE DECISION # . I CE_LAR EGRESS .CAMBRIDGE IEDGFSTONE XL � �w I PAVER PATEDGS ON4• vune�vu 56 COMPACTED I CA BA;E --' T - PROPANE TANK DATE D D 5 /�I•, p , j j \ j rnrnswvrr,aerrrp DRIVEWAY GREEN P PLANTING KEY ISLAND DESIGN 5YM PLANT NAME 511E ON. BUITERFLV BUSn -I- I WWW.GREENISLANDDESIGN•COM ROSE OP--.N 5-G'IT-. 4 PREPARED BY:M.PAPPALARDI ' ENDLES 5UMNIEW f5 GAL. I PREPARED FOR JAP NF G5r5L�, S7GAL. I KAR.AS RESIDENCE JUNIPEP,BLUE POINP 4-5' 10 SCALE: r--8'-O" LANDSCAPE PLAN JUNIPER'BLUE RUG' B3 GAL. 6 - THIS DRAW WG LS AN N1571UAIE4TOF SEANCE RENDF7lID TO THE CLIENT FOR CONCEPT DEVELOPMENT ONLl NOT FOR CONSiRUCiION 1 AUG 27 7013 BOARD OF APPEALS FINAL MAP ' ., REVIEWED BY ZBA SEE DECISION # (0�� DATED T7 ' 600 loss .:.. ION NOON logo IN I �. . ;r�t� RECEIVED _, AUG 2 7 Z013 BOARD EALS g FINAL MAP ,,- REVIEWED BY ZBA SEE DECISION # �� `,- ► DATEDoil i man . A ■ 1 RECEIVED AUG FINAL MAP BOARD OF APPEALS REVIEWED BY ZBA SEE DECISION # 3 r f tow LI' d Air ■ T' ' __ 11111 11111t��4 � . .. 1111111111111 � � . . .� •w �� '� 11�111�1111U11yykyy�lry ~�''" 3�al9lY s, iia. •.. W ilLt��j.'!S ���. � �. L ram•/,• \ `\�� h � � 1 \♦ RECEIVED WNW- j i' • • � -NI i • RECEI�E� AU G 21 2013 �F APPEALS AL MAP 7.5 C _ C I t \\\1 r _ _ f } 5 AUG 2 kECEIVED REVIEWED BY ZBA BOARD OF APPEALS SEE DECISION L136 DATED • Y V/ - - ...i - Mk.. «ter.... a ._ K• 7 �ECEIVEC� ��1G �`7 2013 �ptD pV APPEALS Y Z • .: tlI,IG Tflw�. �TT� lfllll�- mom hop, ow l jl {y `f•• ��� 111110 i ,:- i s ,a. - •. .. r I r a '.J,' `�eJ'�Y. i1h. a ' _ 'v, _ i� -a.' ,r� -_- 1'.� `r�.�.� r•.�, 16 Fell _ � �.a �.� `� ," t j # e ,�, - ..� s ..� a, �'� o� r �� Pn 3• -�,.- ;� 4-Ar . # 1 v .� y �� .k1r. � � , _. ` ' - !''. ., •`' .•asap �e ° �- ti i �a R r . •A= IRA. aj� I � Il•� r OL ,I s�' t d, • "� . w � � fib» �~ .♦ +{ � 1 ,� ' e� — r -^ a •u ` , e Y ` t l • 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: KARAS 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 # Ib DATED 5" SURVEY OF LOT 45 20 MAP OF �=EBORIENT BY THE SEA apTO r Q D SOUND SECTION TWO LONG ISLAND FILE No. 3444 FILED OCTOBER 26. 1961 SITUATE a2.�s' ORIENT POINT 1�.25�35,. N 83'26�37"�Ec- .=r+_, �-� TOWN OF SOUTHOLD isumA°_°=°'� SUFFOLK COUNTY, NEW YORK 2J �' S.C. TAX No. 1000-15-03-03 / SCALE 1"=30' AUGUST 12, 2008 O � +o N NOVEMBER 11, 2012 ADDED PROPOSED POOL h ROCK REVENTMENT y� O (A _ es 4aDpos� j j -,�� rn ATom aDO MW ON AREA = 23,762 sq. ff. o (TO 71E LINE) 0.546 GO. PR YK GAPO F.L�OMM BUFF ILoot LEM 1�DO'•INO iRNLR SDW1S _32 TO ROM 24— --— / r // OFA SAW ' PROW _ q FOLE 3234` � i� OF Rpplf TOO OLFF1m.IB --�—T. ————L——— —30 y 1 xAU / xju x xm O I 1 I O yJu I` /30 •� r� .... By t1RNrN ai a1Qs ttt:•:.;: ID C `� ,ea + 2 STORY � BRICK NOOSE GARAGE FRAMEa { •r '`. °��/ MW coo am STMDDWP ROOF DOWN •�':i ♦ r W 8 Sim A ap 3i91 .iQ.l .V.1 w r .iLl Wd !// :.' •' , / �i XOO ��T g5 ems./ ,i9�, �,40" w �v,� .•�.��•,.•w' �O�l.y x (3 t.• T INAL MAP dMEVIEWED BY ZBA � � SEE 0EC-1610'M 0, C DATED 3 a Nore Laumn wo rmtu,rt ar eNr I� ne a n r m wn r�a,r IY or ComoM wo ron anDL Lva�exr c�as ham-{ 'METES AND BOUNDS SURVEYING �•'=SUMNW J vu�momn wnw,oN an.mnnL m. 22 A6fERIGN AVENUE auttev tur,t•♦Rtto�,x�u,to su,ae�artr NQTES: CORAM, N.Y. 11727 n A,nuiW„a xaiva,s ue„o„ 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM PHONE(31�31)7x-°�s° �10°1d1sm „a d>K�o snac EXISTING ELEVATIONS ARE SHOWN THUS:ju FAx(6 )7sa-also , �„q 6WAawp ■ 1A°.wa.d Q w EXISTING CONTOUR LINES ARE SHOWN THUS:———20——— ra aat d amrNn.t a wa U.. t-' FFIL aiL - FlG�FLOOR LOT:03 BLOCK:03 SECTION:1S DLRm T: 1000 . MAP OF ORIENT BY 1HE SEA _ _ m, .dmf.d M Ur Nw Yrk SYI.hnrJaYn SRUAIED AT: ORIEFIT POINT r4 wm �aato��� far umm to b Go SUFFOLK COUNTY,NEW YORK b m9ai.nn+idd m not Flak-,- t' C TO J0g NO,: 05-FIED 124A DALE N0Yfl—R 11,2012 COUNTY OF SUFFOLK s ; Steven Bellone ®AR®��APPEALS SUFFOLK COUNTY EXECUTIVE Department of Economic Development 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 of Sections A 14_4 4 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 appears to be no significant county-wide or inter-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 6631, Likokas, George 6632 RJJ Properties 6633 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK:me H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 K � OFFICE LOCATION: QF SO(/r MAILING ADDRESS: 1 � y Town Hall Annex ,`O Ol0 P.O. Box 1179 / 54375 State Route 25 Southold, NY 11971 (Cori 0ain Rd. &Youngs Ave.) cn Telephone: 631 765-1938 Southold, NY 11971 G Q Fax: 631765-3136 cou LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN.OF SOUTHOLD RECEIVED MEMORANDUM FEB 1'5 2013 To: Leslie Weisman, Chair BOARD OF APPEALS 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: (^ 2n 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 a- v �� .� TOWN OF SOUTHOLD NOTICE OF DISAPPROVAL DATE: January 24, 2013 �0 30 To: Patricia Moore Esq. for RECEIVE® G & C Karas FEB ®1, .2013 51020 Main Road Southold, NY 11971 BOAR®OF APPEALS 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' from the top of such bluff or bank." The survey indicates the proposed construction as being 83 6' from 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 mod. Authorized Signature fee:$ �� Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS RECEIVED House No. 135 Street Soundview Avenue Hamlet Orient FEB 0 1 Z013 SCTM 1000 Section 15 Block 3 Lot(s) 3 Lot Size 23,762 sq.ft.Zone R-40 90ARD 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: pcmooreagnooreattys.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 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 ❑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 F been made at any time with respect to this property,except UNDER(Please be sure to research before completing this question or cal.l our office for assistance.) Name of Owner: Gregory& Carol Karas ZBA File# 214 (4 l�� 630 REASONS FOR APPEAL(additional sheets may be used with preparer's signature): Memo AREA VARIANCE REASONS: FEB 01 Z013 BARD OFAPP 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 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 The lot is pre-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 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. Check this box( ) IF A USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET. (Please be sure to consult your attorney.) Si ure of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn-to-before me th's Aday :__� .20 l� BETSY A.PERKINS y A.(PRKINSNpt�try public,State of New York Notary Pub ,SNew York No.01 PE6130636 No.0136 Qualified in Suffolk Couns+ inCounty Commission Expires July 18, 18, APPLICANT'S PROJECT DESCRIPTION ?3o (For ZBA Reference) Applicant: Gregory & Carol Karas` FEB 01 202 Date Preparedjanuary 28,2013 WARD OF APPEALS I. For Demolition of Existing Building Areas Please describe areas being removed: 11. 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%) #00X //. 2% #Coe 't �Jv/ ��g, Proposed increase of building coverage:_420 sq.ft. R'7 `�J 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 Spring) Please submit seven(7)photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered with yard view. 7/2002; 2/2005; 1/2007 1�6,,;? RECEIVED QUESTIONNAIRE FEB ®fl-2093 FOR FILING WITH YOUR Z.B.A.APPLICATION OWNER: Gregory&Carol Karas BOAR®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? 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? des 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. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? es-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 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 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 (examples: e ' mg: single-family; proposed: same with garage or pool,or other description.) Author-' Signature and Date 2/05; 1/07 PROJECT ID NUMBER APPENDIX SEAR j APPENDIX C 4/U_ STATE ENVIRONMENTAL QUALITY REVIEW RECEIVED 4 SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only FEB PART 1 •PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 012 013 1,APPLICANT/SPONSOR y 2.PROJECT NAME BOARD®����C a 6/� / Cw're/ �7 r-�s ti c�2�vr,�l o/ ES 3.PROJECT OCATION: 15s—sound%etd ��ryry SD'Lo�w�t /W Municipality (J�/r�GZZ � County 4.PRECISE LOCATION: ((Street Addess and Roaadd� Intersections, Prominent landmarks etc -or provide map S� JU:�nc'�(/i�.cv /�"!�/ t:./nG'�r�•- /U G�d r/� � — a .7 5.IS PROPOSED ACTION: ® New Expansion ❑Modification/alteration112901 I ` S.DESCRIBE PROJECT BRIEFLY: /U / 7.AMOUNT OF LAND AFFECTED: _ Initially /25 acres Ultimately 1 ZS acres 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? / ❑Yes ® No If no,describe briefly: j "42 `r ��GG��� M Z 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply,) LANResidential ❑Industrial ❑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) Yes No If yes, list agency name and permit / approval: jsrvs/ ., 11.DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? f—lYes ®No If yes, list agency name and permit / approval: 1�AS A RE ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? es 10 No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Nam d4ze.?R 610&e.e- Date: Signature"�J If the action Is a Costal Area,and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment RECEIVED FEB 0:12.013 • PART 11- IMPACT ASSESSMENT.T.o be corpipleted by Lead A enc.. I30ARD OF APPEALS A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.47 If yes,coordinate the review process and use the FULL EAF. Yes L__.I No B..'WILL ACTION RECEIVE.GOORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN-6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. Yes El No Q.COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED.Wll M THE FOLLOWING:(Answers may be handwritten,illegible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattem,sQ11ftaste.0roduction'or disposal, potenl!aI for erosion.,drainage or flooding roblems? Explain:brielly: C2. Aesthetic dcricultuial,arcElaeological,hlstgrlc,:pr.other natural or'culturaf resAuxea;or community or nei lborhood.charactef!Explain briefly; _ ..._. . . C3.Vegefafivh:'or fauna fish,shellfish or wildlife species sJgriiflcan['6abitats,iir threatened or endafYgered species?SXplain briefly: C4.A commu!Mjy existing plans or-goals.as officially adopted,o'r a changd In use or Intdnsity'et;usa df ehd or giharn5furaf iesources?l°xptain'briefly. C5.Growth,_ bsequent development,or related activities'likely to be induced by the proposed acUgn?•Explain briefly: C6: LorSg feral,short term,ciuilulative;.or other-effects not identified G G1-G5? Explain briefly: G7. Otherim acts.(Inciwdin chap es in use of either uanii, ort .e gf.ene ?,Ex la..in brief) :. D. .WI.L<L THE PROJECT HAVEAN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED TFiE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL.AREA GEA? if es,.ex.IafobrieIt ❑ Yes No ` _. E. 18 THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATEO;TO POTE IAL AUVf:RSE EfIVIRONIkIENTAL 1MPAGTS? If es;ex lain: Q Yes. �No PART III-UETEAMINATION.OF SIGNIFICANCE(To be completed by Agency) INSTRUICTIONB: For each adverse effect identified above,determine.wheitheP itis substantial.,large,imgortantor otherwise significant. Each effect shtfuld be assessed in connection with its(a)setting(i e.urban or rpral) (b)probability Qf.oecurring;.(cj duration;(d)irreversibility;(e) -geographio scope;and.(1)magnitude. If necessary,add.attachments or reference supporting.materials. Ensure that explanadons.contain sufficient.detaiCto show:that all relevant adverse impacts have been identified and adequately addressed. If Quirsf ion d of part ii Was checked Yes,the determinatiorrof significance must evaluate the potential impact of the*opos.ed action Qathe environmental characteristics of the CEA. 'Check this box If,you have identified one or more potentially large or significant adverse impacts which MAY occur:Then proceed directly to the FULL EAF andlor prepare a positive declaration. Check this box If you have determined,based on the information and analysis above and any supporting documentationAhal the proposed actio WILL NOT result in any significant adverse environmental impacts AND provide, on attachments 2s.neoessary.the reasons supporting AMtfeiermination. Name of Lead Agency Date Print or ype Name of'Responsible 0 ficer In Lead TO_enFy__ Title of Responsible Officer Signature of-Responsible Officer in Lead Agency Signature of Preparer(If di erenC rom responsible officer) RECEIVED AGRICULTURAL DATA STATEMENT FEBA,,� Z013 ZONING BOARD OF APPEALS BOARD 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'-loeated in agricultural district:.All 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:General Municipal Law p 1)Name.of Applicant:.. % \ek �'"t�C '� , 2)Address of Applicant: a o j 4-1 k -3)Flame of Land Owner(if other than applicant) : GA. o l 4)Address of Land owner:' 5)Description.of Proposed Project: C o ' s' st:c e fi�n f> l�(1 �,; �) r d s, ;:�m � F 6 Location of Pro e'rt road and tax map number),: i s, 5 u . . 7).js,the parcel within an agricultural district? No 0 Yes If yes;Agricultural-District 8)Is this.parcel actively farmed?:.1ANo El yes'' 9) Name :and address of any owrier(s) of land within the. agricultural district. containing active farm operations) 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 any 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 its 6. lease use back side of Pa go if more than six-propertyowners are identified.� p g ) The lot n be obtained;-in advance., when.requested from.either•the Office of the Board at 76 38 or the' ing Board of Appeals at 765-i 809. Signature of Applicant Date Note: ;. 1.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.ofthis statement. 2.Comnients-returned to 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 board to the property owners identified above.The cost for mailing,shall be paid by the-applicant at the time the application is submitted for review.Failure.to pay at I' such time means the application is not complete and cannot be acted upon by the board. h. 1-14-09 is 30 RECEIVk FEB 01 2013 APPLICANT BOARD OPAPPEALS 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. The 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 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 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 ? dV,,6f r.�i- � Signature' �G2 Print'Whie:Gre goa &Carol Karas a icia C.Moore RECEIVED LWRP CONSISTENCY ASSESSMENT FORM FEB ®'" . 013 A. INSTRUCTIONS BOARD 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 . Nature and extent of action: in ground pool FEB 0.1 2013 Location of action: 135 Soundview Road, Orient Site acreage: 23,762 sq.ft. BOAR®®PAPPEALS Present land use: single family dwelling Present zoning classification: r-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a)Name of 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 properly is preexisting nonconforming. The setback from the top of the bluff was established by 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 keeping with the surrounding homes. The proposed setback'of 83 feet prevents non-point source pollution, prevents flooding'and erosion. 663v RECEIVED FEB 0-1 2013' NATURAL COAST POLICIES BOAR®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 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 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 *copy of Town form created on 5/25/05 FEB 1013 BOARD 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 Board approval FAX: (631) 765-9502 Survey, www. northfork.net/Southold/ PERMIT NO. Check ` 39 Septic Form (D N.Y.S.D.E.C. Trustees Examined 120 Contact: FEB 0�,�, '.2093 Approved ,20 Mail to: Disapproved a/c 23 BOARD WAPPEALS Phone: Expiration ,20 Building Inspector APPLICATION FOR BUILDING PERMIT E C V Date' — , 20 �3 INSTRUCTIONS is app&tlott 1VfUS'I'bel` in etely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of lans accurate plot plan to sc 1 e.Fe according to schedule. b.Pl arr s �Wi g, ,ocation of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, d waterw;ky.,5u ni-SW*T`.-'0!0 - -u.Tlfe-w-ork-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. . 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 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 gulations,and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicair or name,if a corporation) c��o �tC�lvl 'oe (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises���-e, a 0 g&. �-' M-OL.. ILA-4 46 (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 done:. House Number Street Hamlet County Tax Map No. 1000 Section IS-' Block .3 ` ��;; to�{a °� � c'`� SubdivisionM fP 6 F c)g-iCUT r:6jj:y- S EA, Filed Map No. �/a` ", 'o (Name) '` d� tiS�f93 G7�irE�T.p„ ^ yn'yh 9}�'t ` , lea Yp}i �YCl46 tiltl �Id•�.:'VM. 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy o CJ ' �o Wr b. Intended use and occupanc rrn ��.� 1 .- .,ill 'L' 3. Nature of work(check which applicable): New Building _Poo ` Addition w 4gro_;r �;� 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 J'Fc'ef 0 A 04- Rear ��- Depth Height / Number of St dries 8. Dimensions of entire new construction: Front �r Rear Depth Height Pad 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 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: COUNTY OF%� —)- X C � Lay c? being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)He is the 0ll (Cdntra7etor,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. Sworn to before me this �S day of 20 l3 otary ublic Signature of Applicant BETSY A.PERMNS Notary Public,State of New York No.01 PE6130636 Qualified in Suffolk Co Commission Explres July i J. 30) SURVEY OF E� .c :`�,?013 LOT 45 MAP OF � PBUF 4PPEALS ORIENT BY THE SEA ISLAND S SECTION TWO •r ONG FILE No. 34" FILED OCTOBER 26. 1961 JJ SITUATE E 82.75' ORIENT POINT N 7�322� E � 6 ":-'=�—y TOWN OF SOUTHOLD y SUFFOLK COUNTY, NEW YORK 20 /• �' S.C. TAX No. 1000-15-03-03 / SCALE 1"=30' Z AUGUST 12. 2008 O to Cli NOVEMBER 11. 2012 ADDED PROPOSED POOL h ROCK REVENTMENT µp10� O __ -pOC11 / lie pie mTFiar atrr ON AREA = 23,782 sq. 1t. C —/ / -so Cro,x rv,q 0.546 ao. , w-T&—w calm rur avatar 25 32 To$mm 28 atrtJf m trot / _--•I ---� --- —�e s JU ° I 1 • ca � I 1 VIP aOr+ 1 .: •.� ? T11AME!PRICK HOUSEt OARAOE �'• , ' ttlY •".1 i. 'ti a G ow trocwrf arm oncK G7c q k ' X00cto ;5 1 :.' + SQv 1 d v 0A ml� —F..8s r.m METES AND HOUNDS SURVMMGI not.,"c tnmtt"cmmi - NOTES" 22 AMERVA AVENUE wamv rvwo w"Z°iinat. CORMI,N.Y.11727 QpA1Oi°10M •"� 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM PNFAK 1 "OtE tut1 77tf 8 W S.-Yl30 AF .M o M EXISTING ELEVATIONS ARE SHOWN THUS:fao 9�0 •w w� — EXISTING CONTOUR LINES ARE SHOWN THUS:———2o——— .rt ta. q CIrjL FOW- dWJM�Et pt LOT,0.7 BLDGf 6! S=ON:,� OSIR Cf:,000 �er er�«mmn ru 1h�� MAP OE:aRoxr en 7NE STA > SITWED AT: Qm NT PONT 1'•JI to rm n.nor r !� saFaic oalNn'NEM 1trIX war r b em. . tt .rM.a�.�.• CER TOO f08 N4 ao-ta�A MTf• NOVE]®Dt 11,2012 RECE ED FEB- 0.1 2013 BOARD OF APPEALS. Greg Karas 8025 Harborview 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(sctm: 1000-15-3-3). Very truly yours, GREG KARAS �630 RECEIVED FEB 01 Z013 BOARD OF APPEALS - -- d - r KARAS SCTM: 100-15-3-3 135 SOUNDVIEW ROAD, ORIEN KARAS SCTM: 100-15-3-3 _ 135 SOUNDVIEW ROAD,ORIEN' RECEIVED FEB 01 2013 �.. BOARD OF APPEALS s TOWN OF SOUTHOLD PICOPERTY RECORD CARD N 44- vu� � STREET 3S VILLAGE DISTRICT SUB, LOT - e 9J SOUNb Vie w FORM OWNE N E ACREAGE $ W TYPE OF BUILDING RES.g/b SEAS. VL. FARM COMM. I IND. I CB. I MISC. I Est. Mkt. Value ND IMP. TOTAL DATE REMARKS 0 ell 714 6 ,23 o o 3 LLD,. r ,t° 2 z T3L� fv Aw , C. . 0 0 ,Q d I o to ��7 S��D - Z, ri' L R An+�, e a A. A V a A � 4100ter_ C•y ^ 5 v to O r py o ,3 PL L'v //3 o v �r 2 9 �'� �?'Z.115/7 5 - ve 0 co® Pa m,. �►vo 8�3 �'�-� 11 ..q�� . _.-.- _ ` � �3 gasQa -BP�a�9�� -cones, b�c.� ?� f,o� -- �� � �'C� c��,�9 . i «N , L B LOW E FRONTAGE ON WATER /,�°� . � Farm Acre Value Per Acre Value FR NTA N a 00 BULKHEAD C� �� 6P4 NNE? In l6r exterior add tCL(.t Tillable 2 DOCK Tillable, 3 Woodland FEB 01 2013 Swam land BOAR® P ®F APPEgLS Brushland House Plot v Total - ^- RECEIVED -- FEB 01 2013 1 BOARD®FAPPEALS i O 0.1130 1 j :IV�- , j. L.Bldg. a 3Sf Foundation P �. Bath 3 xtension Si Basement Floors CA�d x� z 3 33 0 Ktensfon �8.SX2b -�?� � � .3 Ext. Walls Interior Finish �l Cp, ,, 3 tliG 338 . 3,9+C 1� EJ� %iP Pigwe. xter, Fire Place Heat G-; c. Porch Roof Type Porch V Rooms 1st Floor reezew K = 7( Patio Rooms 2nd Floor 'a iarage Driveway Dormer V _ ►. B. c ut tl. �3r'UF y guEfi kr `ei& a2 4r Y' d SEi n3 tl �y �T,t.h 't4`y`^< 14+° y f "t,q 'tx. {uy v''.-" �'4,E` ,fe'f"•�'Y �'a r i� „}.Y'* '%���� s rY ,emu., ,y� i -s. -_. '•.`III � R'.--_ _ R j3'l t _ J S-- n.� R ?ALA t 9/. els MY.�'N�.'l f' ■■■■■i■■■■■■■■■■■■■i■■■■■■■■ ...v,f......._..3 - -..__. .Yt. ... .. :,.-., _.�..a. tx,.k�� :1 ..�- ' v� ;1: ii■■■■■iii■i■i■i■■■■■■■■i■■■ � - , iii■■■■■■■■■■■■■■■■■■■■■■■■■ . .m ., : , . . . ., ■i■■■■■■■■■■■■■■■■■■■■iii■■■ . _ .,., ■i■■■ii■■■■■■■■■■■■i■ii■■iii■■ii■■■■■iii■■■■■i■■■■■■■ memo '�' ' -'' 1 - � ■i■■iiiii■■■iiii■■■■■■■■■■■■■■■■ Foundation �e it , • .__ - Basement •• ®■ Finished B. ®e Interior 1 of �re Place - Do —Ext. Walls MEN e ININE ••• MINE FIEN 11EMINMIEEEI�EMIE •• ■ ENNOWN I .,, �■ TOWN OF SOUTHOLD, NEW YORH DATE ACTION OF THE ZONING BOARD OF APPEALS FEB W3 Appeal No. 2499 Dated November 27, 1978 IaOAR®OF APPEALS ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Dolores G. Avella Appellant 536 8th Street Palisades Park, New Jersey (Charles DeVoe, as Agent) at a meeting of the Zoning Board of Appeals on December 21, 1978 the appeal was considered 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 (g) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7:40 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 York. 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 created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property,and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character 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. SEE REVERSE rst�rIEI' zo ING BOARD OF APPEALS FORM ZB4 Clio !, 9 a PPS FEB 01 2013 After investigation and inspection the Board finds that t!§QARD OF APPEALS 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. RIEC25IN ED AK," iiI 17U BY `l'i•. ,. SOU 1t�G�D TO--"TN CI,-.�K DATE//if5/7fJ HOUR �I% • Town Clerk, Town of Southold APPEALS BOARD MEMBERS �O` orj SCOTT L.HARRIS Z� Supervisor Gerard P.Goehringer,Chairman c y Serge Doyen,Jr. Oy �.� Town Hall,53095 Main Road 1179 James Dinizio,Jr. ,� P.O.Box Ol � �a Southold,New Yoorkrk 11971 Robert A.Villa Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD RECENE® ACTION OF THE BOARD OF APPEALS FEB 01 2013 Appl. No. 4125 - GREGORY POULOS. Variance to the ZoningAR®OF APPEALS 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, 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 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 VanTuyi, 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 Matter of GREGORY POULOS Decision Rendered September 10,. 1992C�a��® BOARD 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. 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. Matter of GREGORY POULOS ncEIVED Decision Rendered September 10, 1992 FEB 1 201� 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 Br k THE SOUTHOLD TOWN CLERK DATE �q ,�J 3�Y�= HOUR 41eUrdk'ao'f the�Zonl"ngB�oard�� Town Clerk, Town of Southold 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 Southold 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(s): 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�Og�FFO���o ELIZABETH A.NEVILLE,MMC �� l/af, Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 H Z Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS IS Fax(631)765-6145 MARRIAGE OFFICER y O Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER Oj �►a FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov 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 Gregory& Carol Karas the Application to the Southold Town Zoning Board 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 Prepared by Metes and Bounds Surveying, Authorization Letter from Greg Karas to Patricia Moore to Represent Them in this Matter Dated April 27, 2011, 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. VARIANCES ALONG SOUND VIEW AVENUE AND LONG ISLAND SOUND Applicant: Gregory & Carol Karas Orient by the Sea is a developed subdivision filed in the Office of the Suff County Clerk in 1961; the subdivision predates the zoning setbacks from the top of the bluff. The lots have less then the one acre in buildable area. There are three pools along the top of the bluff built prior to bluff setback limitations (see Goggle Map). The proposed construction of a 420 sq.ft. swimming pool with an on grade patio, is located at the maximum distance from the bluff,next to the existing deck. The Karasproperjy 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 Spring) TAX MAP 3 ADDRESS ZBA# RELIEF REQUESTED 1000-15-3-4 130 SOUND VIEW ROAD 4/23/87#3613 DECK WITH INSUFFICIENT 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#1643 CONSTRUCT DWELLING WITH INSUFFICIENT FRONT YARD SETBACK (43„8") 1000-15-3-16 1425 SOUND VIEW ROAD 3-19-0946256&6256 1ST STORY ADDITION 87'FROM TOP OF BLUFF; IT SIDE YARD; AND DECK ADDITION 1000-15-03-019 CORNER SOUND VIEW ROAD (1450 Three Waters Road-corner) 9/13/07#6054 GARAGE IN SIDE YARD _ .sue ! ,�a � � �r� Y � .7 C i i �slw,G a5, �,eEGo.e y 1. o o'Soruiv f b✓ 13C9ie/e.c�T 3 7-1 -4)'l)C1-Z l ,/G 'btlir,�! A.✓ -.�.JS u-��",e.��,vT' ,5Fre�v�k Fi�ati ��u r--� e�- �a3/S7 417-06 ip.&I 4 fa-r/07 a v er' 6o /J 7CLd o 2 AffiA /a���°� ads 10 APPEALS BOARD MEMBERS O�S�(/r Mailing Address: James Dinizio,Jr.,Chairman O�� yp� Southold Town Hall ti O 53095 Main Road-P.O. Box 1179 Gerard R Goehringer Southold,NY t 1971-0959 Ruth D. Oliva Office Location: Michael A. Simon 'p ,�a�� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �ycou �`�` 54375 Main Road(at Youngs Avenue) ' Southold,NY 11971 http://.-,outholdtown.noithfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 JUL Z 3 2007 FINDINGS, DELIBERATIONS AND DETERMINATION SOut Old Wn Clerk MEETING OF JULY 12, 2007 ZB File No. 6049—Brian Retus Property Location: 235 Soundview Road, Orient CTM 15-3-4 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property , under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's parcel is a 22,684 sq. ft. non-conforming parcel located in the R-40 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 1Y2 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 Inspector's 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 feet 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 268 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 proposed drywell system to be located at 40 feet, or more, from the top of the bluff 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 fencing, 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 File No.6049 —Brian Retus .CTM No. 15-3-4 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 property, 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'/ 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 a one-story extension at the side, a stoop and an outdoor shower, all at the west side of the dwelling, as shown 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 following 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 structure, 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 structure. 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 floor 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 permit an outdoor shower, extending the house 4.6 feet from the existing 10 ft. 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 36 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 Page 3—July 12,2007 1 ZB.File No.6049 —Brian Retus CTM No. 15-3-4 �Q the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, 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 deck. 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). Ja es Dinizio Jr., Chair an 7/1 /2007 Ap roved for Filing RECEIVED JUL 2007 Southold Town Clerk N SURVEY OF PROPERTY AT ORIENT POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. SD UN� ISCALE.• 03304 ISLA�v AUGUST 2, 2006 LONG NOVEMBER 28, 2006 (TOPO. do PROPOSED ADDI S} 96,59� JoNl;, S, 2007 (L.-r covfri-Ava) t}� -5— '�71E M U WW f so STE OF FLAG-/ \ POLE S�7' zorvE xIN. PROPOSED V "Ap�DECK "I L DECK LOT 47 1 �Z cw STEP ,/ PRaPOS D aon+noN L AAON CONG Dye EXISTING FIRST FLOOR f00TPRlNT LOT 45 1 STORYa WALL ADDITrON PROPOSED 0 STOOP �A 1 1 2 STY 1`J"j►/ SED 10.0' �'�. r.. a OuRED PORCH 101 '28.7 � y 7 Al PROPOSED / N. OUTDOOR / STOW WALL SHOMER / PR Opp Sj S Chid Pro P 2 STORY r' a,ywel� ADDITION 1 y .. m �o y B.B. AOT 46 100• A2-OA r0 7vF, awrr �997s4 f.`i(o,35559. A? /o Ar GdM pLL J'Iv/J wl rH iM PRoYEMC'N'I's 7.65 ' 24345q,f�//Co385 x).�f• _ /4. 8 "/o S FINAL MAP REVIEWED BY ZBA �j SEE DECISION # J ATED- /_-Lj a L 0 T NUMBERS REFER TO "MAP OF ORIEN T B Y THE SEA SECTION TWO" FILED IN THE SUFFOLK COUNTY CLERK'S of NEW), 1+ OFFICE ON OCTOBER 26, 1961 AS FILE NO. 3444. � MEr2c COASTAL EROSION HAZARD LINE FROM COASTAL EROSION HAZARD MAP PHOTO NO. 45 - 666 - 83. * e FLOOD ZONE FROM FLOOD INSURANCE RATE MAP LIC NO. 49618 MAP NUMBER 36103CO067 G MAY 4, 1998. ANY ALTERA77ON OR ADD177ON. TO THIS SURVEY IS A VIOLAT70N P CO _ P•C• OF SEC710N 7209OF THE NEW PORK STATE EDUCATION LAW. (631) X (631) 765-1797 ranZ6" SO EXCEPT AS PER SEC77ON 7209—SUBDIVISION 2. ALL CER77FICA77ONS P.0.3 80X 909 AREA-2 • FT. HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRA VELER ST06--197 REET TO TE LINE KHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 14 5L u", rn NJ r,3 L9 t- V1 ml MAP OF PROPERTY > PATIO - c)4 SURVEYED FOR m 17, 7-1 ;A 0 6 MIAMI[ uOust 4- SITUATE A14' "AUTHORIZIm ALTFllAtIOI4- 4r. v 1`0 THIS SL*Vky 01.QMMO�4 ON �? SICTION Is A VIOLATION OF 03 ORI ENT 7200 OF SHE law VORX SlAtl EDUCAtl"LAW TOWN OF SOUTHOLD, N.Y. copies of nllS JUAVIV MAP lfAglNp t8l LAM SlAVEyL,4.5 W NOT 1 cmao SCARQIAIA to, 'L4L 4,71 9k A VAUD RW Cop,. tl COMM ftxAno J A I* IMSO N 4"— L TO .16 AE * 50 '= 1 UD, *'D Ot'HU 0 IRON PIPE oduzur"vstw i'Lat ► VW Qk.^Nn A"fGMZS OF Uq U,,.4, -AllirlS Arj A80,144.^j NOIJILMUERA** too- 0 suRvEyer) J1046 22. 1972 WOTE ! VAN TUYL & ,.SON t%`fT NUMBER-'l- Fr431'%N REFER TO. V"t "MAP OF SECT. Z - 0V.fEHl-2Y-TWE- S54 LICENSED LAND 5UltVF.YCl1?S FILED !N [14E SUr-FOLA CD'JSI .y G2E-ENP021 , N 1:%V YORK nrrtr-c Nc ki-Alp 1444 C TOWN OF SOUTHOLD, NEW YOEH DATE $eft. 2, 1976 ACTION OF THE ZONING BOARD OF APPEALS ( �Q Appeal No. 2176 Dated August 19, 1976 � v ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To George Ahlers, Builder, Inc. Appellant. 250 Cox Lane Cutchogue, NY 11935 at a meeting of the Zoning Board of Appeals on September 2, 1976 the appeal was considered 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 (X) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection ................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9;00 R.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 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 created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character 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, V 'SEE REVE 7- ZO G BOARD OP APPEALS FORM ZB4 n 0a PPeals 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.Ec;EIVED AND FILED BY THE SOUTHOLD TOW14 CLERK DATE/WV HOUR//."DD, 14 T wn dMerk, Town of Southold r Vp ell r f : ���- TOWN OF SOUTHOLD, NEW YORE: DATE Auguat...24,1972 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1643 Dated August 1, 1972 V, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Salvatore and Harriet Iadanza Appellant 822 Connetquot Avenue Islip Terrace, New York at a meeting of the Zoning Board of Appeals on August 24, 1972 the appeal was considered 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 (R) Request for a variance to the Zoning Ordinance I. SPECIAL EXCEPTION.By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:15 P.M. (B.S.T.), upon application of Salvatore and Harriet Iadanza, 822 Connetquot Avenue, Islip Terrace, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, and Section 303, for permission to construct dwelling with less than average setback. Location of property: Lot #24, . Map No. 2777, Orient-By-The-Sea, Section I, Orient, New York. Fee paid $15.00. 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 created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SHE 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. SHE REVERSE ZONLP�G BOARD OF AP FORM ZB4 Rorie McDermott, Secretary _ Southold Town Board of Appeals CIIJI 1.nl, After investigation and inspection the Board finds that applicant requests permission to construct dwelling with less than average setback on Lot No. 24, Map No. 2777, Orient-By-The-Sea, Orient, New York. The findings of the Board are that this house is difficult to locate because of a curve in the road; the terrain on the westerly portion of the property slopes sharply away from the foundation; the distance of 431811 of setback from Soundview Avenue is in excess of the original 351 .required in the Ordinance under which this sub- division was created. The Board agrees 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 Salvatore and Harriet, Iadanza, 822 Connetquot Avenue, Islip Terrace, New York, be GRANTED permission to construct dwelling with less than average setback, as applied for, on Lot No. 24, Map No. 2777, Orient-By-The-Sea, Section I, Orient, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. 1� o t� �i�aa crfa5 Cl � ;'.i ;7iYc' .iN (ez-T. S, re Y �t'n ���sutslarG � V:A>it7i � .4 -feed r,4 ' ',�� ic 'fY 4 r are-s•L , ' PA 5'.0 ,i, f•z B.S ►� o�tz�AtTERA71oN OR ADMIC,a . • , •116 . : a THIS SURVEY 6 A VJOLA7.lON of .. _ --a+ SECTION 7209 OF THE NEW PORK STA IDU W. COP OF THIS SURVEY MAP HOT BEAU'M #. c ' ME ND SURVEYOR'S.tNncD SEAL OR. RAL SHA . ¢y t.0 NJT Be CONSWERM r TO II A VALID T&,UE COPY. iD GG EFS tNDI:ATD HREUY.StiAlt , ONLY Q rhli�c;SO,'FOR wliom T HE SURVEt; IS'PRE AVLO,Al<D ON HLS BE}iA��70 THe. 7trJE .MFAi\Y.COV,'Ri rAL AGIENCY Alq �{ I �� lNSTIrVITIpN LJStaD HPREON,AiO .1 � :OP THE LFB+DRdG INSTi;r T + T Nos rRAhsFERABL: �s to 41 ix —x...,��. 1=ouw'd 4o+t ® iN57T8ERTOtLS oR SUBSEC? d J. a- • E.Z7.7 77:.. to ' °' f i . P.?F:NfT. 1. t' LAYU''V - �lY•'te.rr•#-- i�y�i 1�4. trs ct F fi DC' c. tl41+.XA,�Cie ."Ic d rah Eta:. �rT7'. ' . ..fe. t.� :e ' .Lar . t{•;si� ,F3 :. <Sovnd.117c u. GAIL- • S Pq -��-off "b5io(e' , OJ A k- ke k a)cpo�. -Y/� /of Office Location: of SO y, UjiyO - Mailing Ad .cc; w` - Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) C, P.O.Box 1179 Southold,NY 11971 gyp@ Southold,NY 11971-0959 �CQ[iN1`I,� Cal V Kw http://southoldtown.northfork.net APR .2 7 2009. BOAIW OF APPEALS TOWN'OF SOUTHOLD Southold Town Clerk Tel.(631)76$4809 Fax(631)765-9064 MEETING DATE: APRIL 14,2009 FINDINGS,DELIBERATIONS AND DETERMINATION ZB File#6276 and#6256-Peter and Gail Schembri,Applicants Property Location: t425 Sound View Road,Orient Point CTM 15-3-16 Public-Hearing: March 19,2009 SE RA DETERMINATION: The Zoning Board of .Appeals. has visited the property under consideration in this'application and determines that this review falls under the Type H category of the State's List of Actions,without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: 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 Sound View Road, 241.78 feet between the high water tine 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-family 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 bluff). BASIS OF APPLICATION: Requests for the Variances,Based'on the Building Inspector's January 20, 2009 amended Notice of Disapproyal: (1) sunder Section 280-116A(1) concerning a proposed rear addition to the existing dwelling.with a setback at less-than 100 feet from the top of the bluff adjacent to the Long Island.Sound, and (2) under Section 280-124 concerning same proposed single-story-addition with a setback at leks than the code-required 15 feet on a single 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 Sound. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 19, 20.09, 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: LWRP DETERMINATION: A Letter was received April 13,20.09 from the Town LWRP Coordinator recommending a determination of inconsistency under.Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. The Y Page 2— April 14,2009 . ZB File#676 and#6256—P.and G.Senemb,. CTM 15-3-16 reasons-stated for the inconsistencies are that the building setbacks are less than f00 feet from the top of the bluff or bank adjacent tb the Long Island Sound under LWRP policy 6.3,:and to further Policy 4.2 recommending a minimum 20 ft. non-turf, landscaped buffer vegetated with native, drought tolerant plant species in the"event it is granted,with the buffer to be located landward from the top of the bluff line. ' Denial of the application with grant. of alternative relief in this variance application, with conditions as noted below, will not adversely impact the bluff along Long'Island Sound provided best management practices are adhered to, as follows: use. hay bales•or silt fencing during.construction, install gutters,- downspouts and sub-surface drywells to contain roof and deck runoff on site,'and provided a non-disturbance buffer zone is protecting the bluff. Also, it is noted that the applicant obtained a permit for this construction from the Town Board of Trustees(approved/date-stamped April 10,2009)with conditions. AREA VARIANCE RELIEF REQUESTED: The applicants request variances concerning: 1) 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 a single-story addition, (3)bluff. setback reduction from.100 feet to 80 feet for the proposed 16' deep by 45 in length for-a first-floor deck addition to the dwelling. -4 REASONS .FOR.BEARD ACTION: On.the basis of'testimony presented, materials'.submitted and personal inspectionij the Board makes the.following findings: 1. Town Law 4267-b(3)(b)(3)(1). Grant of alternative relief will not produce an 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- existing 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 feet on.the westerly side, which will extend 16 feet from the.existing similar-nonconforming side yard setback (12.3.feet) of the home. 2.-Town Law 1267-10)(b)(2). The benefit sought by the applicant cannot be achieved by some method, . feasible-for the'.app.)icanf to'pursue;'other than an area variance. The'dwelling has •a pre-existing nonconforming side yard setback where the addition'is proposed and is pre-existing 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 tho4op of the bluff to 87 feet instead of the•requested relief. 3. Town Law &267-;b(3)M)M. 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 will be a-20% variance. The top of the bluff setback to an enclosed-addition under this grant of alternative relief is a 13% variance, and a 20% variance for the proposed first-floor deck addition. 4. Town Law 4267-b(3)(b)(5). Page 3— April 14,2009 ZB File#676 and#6256—P.and G.Schembri CTM 15-3-16 A) The difficulty has not been self created It is a consequence of the pre-existing nonconforming side yard setback of the existing dwelling. 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 built a second-story addition over the existing building area. 5.' Town Law-4267-b(3)(b)(4). No evidence .has been submitted to suggest that a variance in this residential-community will have an adverse impact on the physical or environmental conditions in the neighborhood. A minimum 20'non-turf,landscaped.buffer must be placed during all activities related to the proposed construction to.enhance protection of natural features located landward of the top of the bluff line. . 6. Town Law &267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the 'benefit of a deck .and enclosed addition, while preserving and. protecting the character of the neighborhood and the health,safety and welfare.of the community. RESOLUTION'OF THE BOARD: In'considering.all of the above factors and applying the.balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Weisman,and duly carried,to - DENY the requested 85 ft:setback from the.top of the bluff for an enclosed addition shown on the February 25,2009 surveyor plan prepared by Nathan Corwin Taft III,and to GRANT Alternative Relief for a minimum 87 ft..setback to the top of the bluff(maximum 16'D.' by 18' L. m(Wified size)and at a minimum of 12' and 12.3' westerly side yard setbacks,.and to . grant a first-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 following conditions: 1) All roof drainage and surface water from this site shall be directed away from the bluff and retained in drywells on the property(drywells not.closer than 85 feet to the top of the bluff); 2) Haybales shall be placed at 45 feet landward from the top of the bluff for the entire width of the property; 3) Only medium.sized rubber tired 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'g 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 nonconformities under the zoning code., This action does- not authorize or condone any current or Page 4- April 14,toog ZB File#676 and#6256—P.and I Schembn (,, CTM.15-3-16 future use;.setback or other feature of the subject property that may vioIate the Zoning Code, other than such uses,setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity.. Vote of the Board: Ayes: Members,Goehringer , Oliva 'mon, Weis an, and Schneider. This Resolution was duly adopted(5-0). ERARD P.GOEMUNGER,-C 412112009 Approved for Filing . --,7 7A IT I �/►�L M A . i x o� o� /jam r SURVEY OF P/0 LOTS 18 & 19 MAP OF ORIENT BY THE SEA SECTION NO. 1 FILE No. 2777 FILED NOVEMBER 21, 1957 SITUATE ORIENT POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK L�lIT� S.C. TAX 1000215-03-16 r,�L SCALE 0 AUGUST 25, 2008 NOVEMBER 25, 2008 ADDED PROPOSED DECK s6 S SS" �� JANUARY 19, 2009 ADDED PROPOSED GARAGE ADDITION I .64' FEBRUARY 25, 2009 ADDED REAR SETBACK AREA = 24,053 sq. ft. I ;�, S 81,07 35" E -�ON� �P 64.79' (TO TIE LINE) 0,552 DC. ^ �2S,�oe��� uQx C CERTIFIED TO: I `� PETER SCHEMBRI I GAIL SCHEMBRI FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK I I LOT COVERAGE DATA I I N LOT AREA LANDWARD OF TOP OF BLUFF = 18,350 sq. ft. I °f etui DESCRIPTION AREA % LOT COVERAGE IA srEps� 1 EXISTING HOUSE 1,670 sq. ft. 9.1% Irnpy iKlr°'� PROPOSED DECK 965 sq. ft. 5.2% I T-p atur 5.. PROPOSED ADDITION 324 sq. ft. 1.8% I �" TOTAL 2,959 sq, ft. 16.1% I I I 1�Ga3G�FEB 2 5 209 Ikil MAC' �` W- QED B Y ZBA �;f�O # N II av oSEE p , „ o -l-o OATED o _ I v O r;. �. TIE UNE 0) ON 0 6 APPAR NICFI 64,79 2 ooe WATM I RANCE COMPANY OF NEW YORK I � DA TA `V UFF = 18,350 sq. ft. RIZ6 as I I110�M OF�uFF Dg % LOT COVERAGEPqILAc 4krro a. ! Nk!!� 't. 9.1% TOP or BLu s t. 5.2% � I i r t. 1.6% ! a Sq J I t. 15.9% 1 � J J z p�O R FOUND PIPE EN O I p N �Jcz EXISTING HOUSE w:: . :.: ::. . :::.:............. 23' I �p :ADDITION:gip: ; :'PROP05ED�?!L:•:+� ,:1. .. � ' i 2.3' :'STEP .':: N . ............................... cl ar : ENCLOSE D ....RICK.......r......r I PORCH` of N 26.5' 1-1/2 STORY AIR CONDITIONER I _ FRAME` HOUSE UNIT a CHIMNEY CO NC. APRON LLI 2nd STORY BRICK I OVER CONC. & CONC. STEPS! 34.3' 22 8' N woo0 STOOP y• & STEP VENT IL FILL N ' PIPE CAP �G o ° e 6AlCK' O 4 EXISTING I m WELL uuI Z C b5 y ffi . •e • � ! I N LS � • (� f�, cut• m r� wl O PIPE U SD I v} Boar rhhold 7nw x--• ;. 4 . 8 30 Op'jLEIS d of r�,slars 75.00' W — 1 -umrtY :. . POLE N 85.57'40 W-- APPROVED BY IS 25.002 i Y �E OF .° PARENT BOARD OF TRUSTEES 'vT TOWN OF SOUTHO 0A DATE . 50467 EXISTING � �EXISTINGw in ��� TO THIS SURVRIZEDEY ALTERATION TI ADDITION ro THiS suRVEY Is A vlDumoN of SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHAI I NIT FIF MNSUIFRFn i jc.c ,. . - - ._.. .-_.. ...t�.. . P 9ll310 7 O-A g1-4-71 o7 �f APPEALS BOARD MEMBERS pF SQ Mailing Address: (/T James Dinizio.Jr.,Chairman ��� y0l Southold Town Hall O 53095 Main Road•P.Q. Box 1179 Gerard P.Goehringer Southold,NY 11971-0959 Ruth D. Oliva H Office Location: Michael A. Simon A��Q Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman Own 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://.coutholdtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD q Q; 0 . 1 I �m . Tel.(631)765-1809•Fax(631)765-9064 OCT ` 3 2007 FINDINGS, DELIBERATIONS AND DETERMINATI Uthoj ®�� Cjerk MEETING OF SEPTEM 3ER 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. along an apparent high water line of the Long 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 a two-story, single-family dwelling as shown on survey prepared by Stanley J. Isaksen, 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 county-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 21,2007 O ZB File No.6064 —James and Juc yQayward CTM No. 15-3-19 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 REQUESTED: 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 25 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 workshop/storage 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 (22'), 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 code 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 side yard. 3. The variance granted herein is 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% 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. i + Page 3—September 27, 2007 ZB File No.6054 —James and Ju�4ayward v CTM No. 15-3-19 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 enjoy 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 test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Goehringer, 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 frontage) from the southeast corner of the property for a minimum length of sixty feet(60'), and 3. The proposed accessory garage and storage/workshop shall remain unheated. That these ZBA conditions 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 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 inizio (C an), Goehringer, Simon, and Weisman. (Abs nt was Member Oliva) This s lution wa d adopted(4-0). RECEIVED ¢ ,�,�Q�d r f : James Dinizio Jr., Ch man 0/2/2007 V--" OCT - 3 2001 4) . Approved for Filing I CM.'i Clerk LONG 15LAND 50UND 11� N88°02'3G'E 124.87' APPARENT YIIr.H T E' INET HI5 DATL• N m O O � IL 1 6'WO01) O I FENCE W 1,L J 0' uu < I m U) [] Lu > _ � ; I Lu GATt 0 O SIIOWEIR lU o i )b iLu z p ILo Imo` -- � 1 i�J /'� l 5U eooM f Q {hV I {y,t 4V0005fCP5 oQo J f ILl--_-_.__ , � 2 � O _. Z WIRES yg� WOOD I)EGF, 'bo`/�` FENCE v,z WAILING 1 3 3 Z / i O I I, W �\ n" 2 STORY a { ¢ ` RE5IQENCE I O WOOD \ f Q FENCE CMC�t:P PpRCti _5" ,� Z `2 5TORY Lu / V' kDDITION K Av I I LI O GRAVEL rt �� Q N-W DECK DRIVEWAY I / ,1(y d DSO�p !i` LL Q 00 0 FENCE -.. GONG, y+ i Y3ASEp ON SURVEY OF MON, i C/� I \ DE5CfRJBED PROPERTY CL/ I SITUATE OO + �f I ORIENT, TOWN OP 5OUTHOLD I POILE,i L11VE'OF 1' w ! ROOF A >w 5UFFOLK COUNTY, N.Y. FOR: JAME5 HAYWARD Q ` _ GAM E p # JUDI HAYWARD Lu TM# 1000-015-03-0) 9 Lu N ! 5URVEYED JAN. 10, 2005 15Y }� CON . ' I I �'�,` 5TANLEY J.15AKSEN, JR. z _ i f _ _ I I ', � LAND 5URVEYOR .I I, PO CONC, N8805714011W 125,00' MON. AREA= G4,994 5.F, OR 1 .49 ACRES LOT 17 MAP OF ORIENT-BY THE-SEA, SECTION ONE � ARp FILE NUMB 2, ER 2777,FILED NOV' ,I �I�: �'p�'`-�` 07/05/2007 1 N ezz FAIC�WEATIIEf�—BKC�t1VN T E P L A SCALE: ! "=40'-O'I * DESIGN A55OCIATE5,INC, 205 5AY AVENUE .� r�;►�,_�-,1; GREENPOKT, N.Y. 1 1944 '��� -' `-`''• �'f G31 -477-9752 (Pax) G31 --477-0973 .r BOARD MEMBERS rjF SOOT Southold Town Hall Leslie Kanes Weisman,Chairperson �� yp 53095 Main Road•P.O.Box 1179 hO l0 Southold,NY 11971-0959 James Dinizio,Jr. [ Office Location: Gerard P.Goehringer . G Q Town"Annex/First Floor,Capital One Bank George Horning �� �� 54375 Main Road(at Youngs Avenue) Ken Schneider - �'YCQUNTV, Southold,NY 11971 http://southoldtown.northfork.net � ZONING BOARD OF APPEALS 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 (631) 765-1809, or by email: Vicki.Toth(cD-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/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS 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: hq:Hsouthtown.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 18t": 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 Mailing (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 27t": 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 Ends. ZONING BOARDIOF APPEALS TOWN OF SOUTHOLD: NEW YORK --------------------------------------------------------------------x -;3 In the Matter of the Application of AFFIDAVIT GREGORY & 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: On the/5of February, 2013 1 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. Signatufe) BETSY ERKI S Sworn to before me this sr day of February, 2013 (N ary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4952528 Qualified in Suffolk County Commission Expires June 3, 0/S GREGORY KARAS SCTM: 1000-15-3-3 rf 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 ORIENTNrl 1957 SCTM: 1000-15-3-4 SCTM: 1000-15-3-32 i RECEIPT RECEIPT 7104 2438 8090 0000 0563 7104 2438 8090 0000 0570 i RECEIPT RECEIPT FROM: FROM: 7104 2438 8090 0000 0587 7104 2438 8090 0000 0594 Moore Law Office Moore Law Office FROM: FROM: RE:KARAS ZBA RE:KARAS ZBA Moore Law O Moore Law Office Office RE:KARAS ZBA RE:KARAS ZBA I SEND TO: SEND y,O� �� O BRIAN'&'MERRY RETUS SEND TO`IJu SEND TO: LLOYD&RANDI STRAUS ,,,i 235 SOUNDVIEW ROAD GEOFFREY&_C CLAUDIA CLAXTO 56 WINDMILL DRIVE t PASQUALE DEFIORE FEDN7�INGT-N NY 11743 ORIENT NY 11957, (h I 25�HARRISON AVENUE` t 130 S411�f4,41� Z D tl " �J' MILLER PLACE NY 11764 ORIENT NY 11957 FEES: FEES! f Posta e_, - Posfa9e� c0.46 FEES: FEES: 9 1 0.46 Certified Fee FEB 1 ._ .()5 Geitifed Fee 2.95 2 95 Postage 0.4 Postage 0.46 ' Return Receipt 2.35 Return Receipt "" 2.35 Certified VFee .,-,c., 2195 Certified Fee 2.95 Restricted Restricted Receipt 2.W Return Receipt,":��2.35 � ReturnP __ TOTAL Restricted Restricted l TOTAL $5.76 $5.76 s TOTAL $5.76 TOTAL .'- -.-$'5.76 POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE --- --- 4. Restricted Delivery? 3.Service Type MOORS LAW OFFICE CERTIFY® „ � (Extra Fee) Yes SOOT-HOLD NY 11971 FEB 182013 rticle Number I GcS� t) 7104 2438 8090 0000 0587 n to lr)d res ee Agent) y'7r04 I I II III III L , L IIIII i I B eived y: lease Pint Clearly) I, 7704 2438- 8090 0000 0587 C.Date of Delivery 1. Article Addressed To: - - --- - -` 1 I �--- is D.Addressee'sAddress(uDin rentFromAddressUsedbysendel PASQLI:ALE DEFIORE C3 25",F ;ARRISON AVENUE In MILLER PLACE NY 11764 P ( y Secondary Address I Suite I A t.I Floor Please Print Clead) C3 �e O .............................. ® O D .i elivery Address — 0 "---'"-'......... State .ZIP+4 Code �- o N iCItY: R ,Y 1 a— � A Ld _. _..� .«.� YP I � ' 4. Restricted Delivery? 3.Service T e u) MOORS LAW OFF}T� E' I m ° } 3 � i CERTIFIED ``' 51020 MP Iv''. RUAD" (Extra Fee) Yes H w SOUTH`t�.s_D NY 11971 I i " } 2. Article Number z z iLn I y- ott �7104 2438 8090 0000 0563 I I >a, z rn z + t~ a w H Of fr'I R' . d.'- x i � I!I I i I I I l I l I lI IIII IIIIII IIIIIIIIIIIII aI " a � o Sign e: (❑ ddrespo r❑Agent) B.Received By: (Please Print Clearly) i I e 9 u ; i 7y04 24`38 8090 0000 0563 N + i1. Article Addressed To: ;N C.Date of Delivery i D.Addressee's Address pfm ntF maddres>'�dbys nde L L O Y D & R A N D I S T R A U S ®` `o f6 ,, i— ® w J 56 WINDMILL DRIVE ' LL IY HUNTINGTON NY 11743 _ a n ---- - M I Secondary Address(Suite(Apt.I N�L { ... ....N. I I i Delivery Address • Q m a .................................... State ZIP+4 Code .:- cifv i <> c m e I B a �—--- - T 4. Restricted Delivery? 3.Service Type I °:a X apt MOORE LAW OFFICE —'-- �- r—_------- FT/FIED CR I i 51020 MAIN ;ROAD ,j; j j; y j .;(Extra;Fee)j �;Ye 1 i i i SOUTHOLD NY' 11971 2. Article Number 7104 2438 8090 0000 0594 Ilam- A.S' n ture: (❑Addressee=.� or Agent) B ' I IIiIIIiI lit i I I� it(III III IIIIIII h B. �� R ceived By: (Please Print Clearly) j C��'�t 6����i'`. v'V-/7� 7104 2438 8090 0000 0594 C.Date of Delivery 1. Article Addressed To: I t11 a -i�-�3 i ','► D.Addressee's Address(I/DiflerentPromAddress Used bySended G E O F F R E Y & CLAUDIA C L A X T O N I a, L 130 SOUNDVIEW ROAD ORIENT NY 11957 ISecondary Address I Sulle I Apt.I Floor(Please Print Clearly) , .......................................................... Delivery ess i I ................... ....... Clty State ZIP+4 Code i 1' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:- -NEW YORK ------------X 3 --------------------------------- ------- --------- 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 27th day of February, 2013, 1 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 (Q 7 day of Eebmary, 2013 W(Z CAA Not dry Pu lic MARGARET C. RUTKOWSKi Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, 90/.5 *near the entrance or driveway en rance of the property, as the area most visible to passersby. NOTICE OF HEARING Thefollowing application will be heard by the Southold Town Board of Appeals at Town Nall , 53095 Main Road, Southold: NAME : KARAS , G . & C . # 6630 SCTnn # : 1 000- 1 5 -3-3 VARIANCES 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 21 st day of February, 2013. Principal Clerk Sworn to before me this .day of —� 2013. CHRISTi(VA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO, OIV06105p50 9u0iiflecl in Suffolk County My Commission Expires February 2g, 2016 updated January 8.2033. Notice of Dis- merge until the total lot size conforms you have questions,please contact our approval based on an application for to the current bulk schedule(minimum office at, (631) 765-1809, or by email: building permit to convert a portion of 40,000 square feet in this R-40 Resi- Vicki.Toth@Town.Southold,ny.us. an existing barn to a farm stand,at:1) dential Zone.District)this lot is merged Dated:February 11,2013 less than the code required setback of 50 with lots 1000-31-3-10 and 1.000-31-3-9, ZONING BOARD OF APPEALS feet from the road,2)the criteria of bona located at: 9775 Main Road aka State LESLIE KANES WEISMAN,CHAIR- fide agricultural production has not been Route 25(corner Stars Road),425 Stars PERSON LEGAL NOTICE shown,located at:5000 Cox Lane,Cu- Road,(Lot 10)and 455 Stars Road(Lot BY:Vicki Toth SOUTHOLD TOWN tchogue,NY.SCTM#1000-96-2-10.:1 9),East Marion,NY.SCTM Vs-1000- 5437.5 Main Road(Office Location) ZONING BOARD OF APPEALS 10:40 A.M. - GEORGE and LISA 31-3-23,10,9 53095 Main Road(Mailing7USPS) THURSDAY MARCH 7,2013 HAASE #6626 - Applicant request a 1:15 P.M. - DANIEL MAHONEY P.O.Box 1179 PUBLIC HEARINGS Special Exception under Section 280- #6M-Request for Variance from Ar- Southold,NY 11971-0959 NOTICE IS HEREBY GIVEN,pur- 13B(14). The Applicant is the owner title XXIII Section 280.124 and the 11.080-1T 2/21 suant to Section 267 of theTown Law and requesting authorization to establish Building Inspector's November 13,2012 Town Code Chapter 280(Zoning),Town an Accessory Bed and Breakfast, ac- Notice of Disapproval based on an ap- of Southold,the following public hear- cessory and incidental to the residential plication for building permit for partial ings 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 the B&B casual, code required front yard setback of 35 Road, P.O. Box 1179, Southold, New transient roomers..Location of Prop- feet,2)less than the code required mini= York 11971-0959, on THURSDAY erty: 580 Skunk Lane Cutchogue, NY murnside yard setback of 10 feet,located MARCH 7,2013: SCTM#1000-97=3-11.6 at:3930 Stillwater Avenue(corner Track 9130A.M. - LAURA YANTSOS 11:00 A.M. • RJJ PROPERTIES Avenue) Cutchogue,NY. SCTM#1000- #6631-Request for Variances from At- LLC-#66.33 z Request for Variance from 137-1-10 title'XXII Code Section280-116B and Article XXII Code Section 280-116(B) 1;40 P.M. - RAYMOND STRONG Article XXIII 'Code Section.280-124 based on an application for building per- 96629-Request for Variance from.Ar- and the Building Inspector's October 10, mit and the Building Inspector's Febru- title.III Code Section 280-15 and the 2012,,updated January 3,2013 Notice of ary 5,2013 Notice of Disapproval con- Building Inspector's January.10, 2013 Disapprovalbased on an application'for cerning a permit for a 12'X8"accessory Notice of Disapproval based on an ap- building permit for additions and altera- shed, at; 1) proposed structure at less plication for building permit for.an ac- tions; to existing single family dwelling at; than the code required.,bulkhead setback cessory in-ground pool;i)location other 1)bulkhead setback of lessthah the code of 75 feet;located at:7225 Nassau Point tli;n the coda:permitted front yard.er required 75 feet,2)less than fire codon e re= Road(adj.'to Peconic Bay) Cutchogue, waterfront property or rear yard;.low. quired minimum side yard setback.of 10 NY.SCTM#1000-113-15-12 cated;at:2205'Bayview Avenue(adj.to feet,3)less than the total combined side . 11:30 A.M.-.GREGORY and CAR. Arshainomoque Pond) Southold,.NY. yards of 25 feet,4) less Phan the code OL KARAS#6630-Request for Vari- . SCTM#1000-52-5-2 required front yard setback of 35 feet, antes from Article XXII Code.Section 2:60 P.M.-VICKI TOTFI46621-Ap- located at:3455 Bayshore Road(adj,to 280-116A(1) and Article III Code Sec- plicant request a Special Exception un- Shelter. Island Sound) Greenport, NY. tion 280-15 and the Building Inspector's der Section 280-13B(14).The Applicant SCTM#1000-53-6-11. January 24,2013 Notice of Disapproval is the owner requesting authorization to 10:00 A.M. - SHAMGAR' CAPI- based on an application for building establish an Accessory Bed and Break- TAL.LLC tDANIEL BU'1TA OCO) permit for an accessory in-ground pool; fast,.accessory and incidental to the resi, #6620-(Adj.from February 7,2013)Re- 1)top of bluff set back of less than the dential occupancy in this single-family quest for Variance from Article III Sec- code required 100 feet,2)location other dwelling, with three (3) bedrooms for tion 280-14 and the Building Inspector's than the code permitted front yard on lodging and serving of breakfastto the October 21,2012 Notice of Disapproval waterfront property or rear yard,locat- B&B casual, transient roomers. Loca- based on an application for building per- ed at:135 Soundview Road(adj.to Long tion of Property:425 Jacobs Lane(cor- mit for construction of a third story ad- Island Sound)Orient,NY.SCTM#1000- ner Main Bayview Road)Southold,NY. dition at:1)more than the code required 15-3-3 SCTM#1000-88-1-1.5 number of stories of 21/2, located at: 11:50 A.M. - GEORGE LIKOKAS The Board of Appeals will hear all 1165 Kimberly Lane (adj.to Southold #6632 -This is a request for a Waiver persons or their representatives, desir- Bay)Southold,NY.SCTM#1000-70-13- of Merger under Article II, Section ing to be heard at each hearing,.and/or .20.7 280-1.0A, to unmerge land identified desiring to submit written statements 10:20, A.M. - HARBOR VIEW as SCTM #1000-31-3-23, based on the before the conclusion of each hearing. FARM. LLC. dba S HANDS #6625 - Building Inspector's February 1, 2013 Each hearing will not start earlier than Request for Variance 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 the joining conforming or nonconforming 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 Office Location: o�\\,rjF $Q(��yOl Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 �Aic Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631) 765-9064 February 4, 2013 Mark Terry, Principal Planner i LWRP Coordinator " Planning Board Office Town of Southold _ 4 2013 Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #6630 KARAS-;,G:& C: 1000-15.-3-3 Dear Mark: We have received an application for an inground swimming pool, bluff setback. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie . Weisman Chaff e n By: end s . Office Location: *OF$Q(��yO Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 • Southold,NY 11971-0959 http://southoldt6wn.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 : KARAS, G. & C. Action Requested: Inground swimming pool, bluff setback and location. Within 500 feet of: O 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 OF SOU Southold Town Hall Leslie Kanes Weisman,Chairperson O�� Ty�l 53095 Main.Road•P.O.Box 1179 p Southold,NY 11971-0959 Office Location: Gerard P.Goehringer Q Town Annex/First Floor,Capital One Bank George Horning ,�`�► • �O 54375 Main Road(at Youngs Avenue) Ken Schneider COU Southold,NY 11971 http://southoldtown.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 March 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 architectural drawings and revised survey conforming to the relief granted. 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