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HomeMy WebLinkAbout#8150-Sharko ZBA application (area variance) TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. Red NOTICE OF DISAPPROVAL JUL 3 0 Z026 D3TAE&ogff0*raff, 1'- : June 12,2026 i TO: David Snowdon-Jones(Sharko) PO Box 71 Orient,NY 11957 Please take notice that your application received August 22,2025: For permit to:Demo er town definition and construct a n w sirs le Tamil dwellin t Location of property:2O0 Cleaves print ad East Marion N ' County Tax Map No. 1000—Section 38 Block 2 Lot 33 Is returned herewith and disapproved on the following grounds: The proposed construction on this nonconforming 18,957 sq.ft. parcel in the Residential R-40 District,is not permitted pursuant to Article XXIII Section 280-124 which states: lots measuring less then 20,000 square feet in total size require a minimum combined side yard setback of 25 feet. The site plan shows the proposed construction to have a total combined side yard setback of 21.6 feet. Additionally,the construction is not permitted pursuant to Article XXXVI Section 280- 207A(1)[b],which states; "the gross floor area shall not exceed the permitted square footage calculated as follows:Lots containing up to 20,000 square feet of lot area:2,100 square feet plus 12.5%of the lot area in excess of 10,000 sq.ft.up to 3,350 maximum. This parcel contains a lot area of 18,957 sq ft,with 17,558 sq.ft. being buildable,allowing for a maximum GFA of 3044.75 sgft. The GFA being proposed is 3,625 sq.ft. Lastly,the project shows a proposed accessory apartment located in the detached garage. While it is a permitted use,a Special Exception of the use will need to be granted prior to building department approval of a permit. Authorized Signature Note to Applicant:Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: tile,Z.B.A. *Town of Southold Trustees approval, as well as SCHD are additionally required for the project. "u APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPER?oeived AREA VARIANCE JUL .3 U 2026 House No. 200 Street Cleaves Point Road Hamlet East Marion Zoning Bart' Appeals SCTM 1000 Section: 38 Block: 2 Lot(s) 33 Lot Size: 18,957 sf Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED June 12 2026 BASED ON SURVEY/SITE PLAN DATED January 19, 2026 Owner(s): Emily&John Sharko Mailing Address: 200 Cleaves Point Road, East Marion, NY 11939 Telephone: 917-656-4779 Fax: Email:esharko@gmail.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:En-Consultants for 0 Owner( )Other: Address: 1319 North Sea Road, Southampton, NY 11968 Telephone: 631-283-6360 Fax: 631-283-6136 Email:rherrmann@enconsultants.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), k4 Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING:INSPECTOR REVIEWED SURVEY/SITE PLAN DATED January 19,2026 and DENIED AN APPLICATION DATED August 22,2025 FOR: k4 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.) Article: XXIII / XXXVI Section. 280 / 207 Subsection:124B / (A)(1)(b) Type of Appeal. An Appeal is made for: (%A 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 ( )Request for Reversal or Overturn the Zoning Officer's Denial (deck only) Other A prior appeal(0 has, ( )has not been made at any time with respect to this property, UNDER Appeal No(s). 5835 Year(s). 3/9/06 (Please be sure to research before completing this question or call our office for assistance) q"9 Page 2, Area Variance Application Revised 6l2023 Received REASONS FOR APPEAL JUL 3 0 2026 (Please be specifi4 additional sheers may be used with preparer'ssignature notarized): 1. An undesirable change m6ll not be produced in the CHARACTER of the neighbor or a detaeronptd3oard of Appeals nearby properties if granted,bocause: i See attached addendum. 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: See attached. addendum. 3. The amount of relief requested is not substantial because: See attached addendum. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: See attached addendum. 5. Has the alleged difficulty been self created? { } Yes,or {X}No Why: • Are there any Covenants or Restrictions concerning this land? {X}No { )Yes (please furnish a 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. By signing this document,the PROPERTY OWNER understands that pursuant to Chapter 280- 146(B)of the Code of the Town of Southold,any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board may,upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. C Signature of pppicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this z�W4 day `. l__ ^ SHARYN FEINBLOOM BERTISCH . of �.�.�. t► , 20 26 NOTARY PUBLIC,STATE OF NEW YORK Registration No.02RE6077449 Qualit rd in Wrstetwester County Notary tic CotnMission ExPims 8MV 1 b02 A EMILY& JOHN SHARKO 200 CLEAVES POINT ROAD JUL1 0 2026 EAST MARION,NY Zoning Board of Appeals SCTM#1000-38-2-33 1) Pursuant to §280-124B (Nonconforming Lots), minimum combined side yard setback relief of 3.4 feet is requested for the substantial renovation and addition of a 2nd floor to an existing 1-story dwelling, which has been determined by the Building Department to be a demolition pursuant to the Town code definition. Specifically,the existing side yard setbacks of 11.5 feet to the west lot line, and 10.1 feet to the east lot line, both of which conform to the minimum required 10-foot side yard setback and total a legally nonconforming 21.6 feet where a combined setback of 25 feet is now required. Pursuant to §280-207A(1)(b), excess gross floor area(GFA) relief of 580 sf is also required for the dwelling and proposed 2°d floor accessory apartment over the existing 1-story accessory garage. Specifically,the 3,254 sf GFA in the primary dwelling and 371 sf GFA in the proposed accessory apartment together result in a total proposed GFA of 3,625 sf where 3,045 sf is allowable for a parcel with a buildable land area of 17,558 sf. Granting of the requested combined side yard setback relief will not produce an undesirable change in the character of the neighborhood,the Cleaves Point Road portion of which consists of 5 waterfront properties. The applicants' parcel is the middle parcel of the five, and the existing dwelling was constructed and issued a Certificate of Occupancy in the 1960s,pursuant to a Building Permit that established what is now a legally nonconforming combined side yard setback. Similar and varyingly sized inland parcels and dwellings are located immediately to the northwest,both along and between Gillette Drive and East Gillette Drive, and many of the dwellings located along all three roads appear to have various nonconforming lot line setbacks. Located closest to the subject parcel, for example,2.5 feet of total side yard setback relief was granted for additions and alterations to the dwelling located two properties to the west in 2014 (Case #6781); and in 2012 the adjacent parcel to the east obtained a Certificate of Occupancy (#35761)for a deck addition located less than the minimum required side yard setback, which also creates a nonconforming combined side yard setback. Moreover, the existing side yard setbacks will remain unchanged from the existing,thus maintaining the presently existing open space between the two side lot lines that has existed for over 60 years; and although the height of the dwelling will increase with the new 2nd floor,the dwelling meets the minimum required side yard setback from both side lot lines. Therefore, from the perspective of the neighboring property owners located to each side of the subject parcel,the dwelling will continue to be Robert E. Hernnann Sworn to before me this 13th day of July 2026 ` Not Public KIM H. E HENS ' Public-Stata of New YorkNo.01ST5015931 Qualified in Suffolk County1 P a g e [Notary y Commission Sxpiras Aur ust 0 ,20 ; Received JUL 3 0 2026 R(O located the minimum required distance from their property line; and the dwelling on the only parcel located immediately across the street from the applicants is situaa 60@01S to the dwellings on the two adjoining parcels to the east. Allowing the renovated dwelling to maintain the existing side yard setbacks would thus cause no detriment to those nearby properties. An undesirable change in the character of the neighborhood or detriment to nearby properties also would not be caused by the granting of the requested GFA relief. The excess GFA results primarily from the 2nd floor being added to the dwelling, and the majority of the parcels in the neighborhood contain 2-story dwellings,as noted in the Board's decision granting excess GFA relief(along with front and rear setback relief) for a similarly substantial dwelling renovation (also characterized as a demolition per Town Code) located 4 parcels to the northeast on East Gillette Drive in 2024 (Case #7877). Specifically, the Board allowed 2,960 sf GFA where 2,474 sf was allowed for the parcel, representing 486 sf or 19.6% relief, finding "The subject property is one of the few one-story residences in the neighborhood, and the proposed addition of a second floor will not change the character of the neighborhood. " And with respect to the GFA created by the proposed 2nd floor and accessory apartment over the existing garage, the adjacent parcel to the west has a two-story accessory garage that's roughly aligned with the applicant's garage and is located less than 5 feet from the shared property line, which was originally constructed pursuant to variance relief granted in 1989 (Case #3847) and later expanded by a second floor addition and renovation. And two properties to the west,a Special Exception(#SE 6782)was granted to establish an accessory apartment in an accessory building at the same time minimum and combined side yard setback relief was granted for the above noted dwelling renovation in 2014 (Case #6781). Moreover, an analysis of Town records indicates that the applicants' proposed GFA would remain in line with the other waterfront homes on Cleaves Point Road, increasing from the lowest existing GFA to the median GFA of the 5 parcels. Specifically, although the above noted variance and special exception approvals 2 properties to the west were granted prior to the Town's adoption of GFA limitations, Town records indicate the total GFA resulting from those approvals likely ranges from 4,601 sf to 5,105 sf, depending on interior heights; and the total GFA on the adjacent parcel to the west appears to be roughly 3,795 sf, both more than the 3,625 sf proposed by the applicants. 2) To accommodate an extended and growing family with Southold roots dating back to 1972, the applicants are seeking to a) expand, modernize, and improve the efficiencies of a dwelling constructed in the 1960s, primarily by providing a more private and functional primary suite and creating more open kitchen, dining, and living areas, all redesigned to improve and obert E. Herrmann Sworn to before me this 13th day of July 2026 KIM H. STEPHENS Notary Public-State of New York No.01 ST5015931 ` .` Qualified in Suffolk County Notary Public My Commission Expires August 02,20 89 2 1 P a g e Received JUL 3 o 2026 maximize waterside views; and b)provide a separate living space for one ofiR6iFgk 1&""iAPpeais the form of an accessory apartment over the existing gauge. In order to maintain the existing zoning conditions and character of the property to the maximum extent practicable,the dwelling expansion is almost entirely vertical and within the existing structural footprint, maintaining and utilizing the existing foundation and basement walls, and approximately 70% of the existing first floor walls,thereby maintaining the existing, legally established side yard setbacks. And the accessory apartment will be provided in the form of a 2"d floor over the existing accessory garage, the majority of which is also designed to be retained. But it is not possible to implement these improvements without a) the requested 3.4 feet of combined side yard setback variance relief because the existing side setbacks total what is now a nonconforming combined side yard setback of 21.6 feet relative to the required 25 feet; and b) the requested variance relief for excess GFA due to the 18,957 sf lot area that is further constrained by the Coastal Erosion Hazard Area situated near the bulkhead,which reduces the buildable land area used for calculating GFA to 17,558 sf. The existing 1-story dwelling's 2,013 sf GFA represents nearly 70% of the parcel's allowable 3,045 sf, and although the 1st floor GFA of the renovated dwelling will actually decrease to 1,801 sf, the 1,453 sf GFA created by the 2"d floor and 371 sf GFA added by the accessory apartment exceeds the property's maximum allowable GFA by 580 sf. 3) The 3.4 feet or 13.6 percent relief requested from the required 25-foot combined side yard setback is not mathematically substantial nor substantial in fact given the existing setbacks were legally permitted, have been maintained for over 60 years, and would continue to be maintained by the renovation. The 3.4 feet of relief is also nearly identical to the above cited 2.5 feet of relief granted two properties to the west in 2014. The 580 sf or 19.0 percent relief requested from the parcel's allowable 3,045 sf GFA is not mathematically substantial nor substantial in fact given the excess GFA is created nearly entirely from 2"d floor additions over preexisting structural footprints, rather than outward footprint expansions; the GFA of the renovated first floor will be less than the existing; the total finished GFA would represent the median GFA of the 5 waterfront parcels along Cleaves Point Road; the percent relief would be in line with, and slightly less than, the above cited 19.6% GFA relief granted to the parcel located 4 properties to the northeast in 2024; and the accessory apartment in an accessory structure would be the second of the 5 waterfront parcels along Cleaves Point Road. M R66 erl E. Hemnann Sworn to before me this 13th daKaur 2026 KIM H. STEPHENS Notary Public-State of New York tbli C No.01 ST5015931 Qualified in Suffolk County My Commission ExOres August 02,20_�Lj 3 Page Received 4) The project will not have an adverse effect on the physical or environmental conditior"AD 20 the modest design and associated mitigation measures that will result in maintaining existing t9b wetland setbacks;permanent establishment of the existing wetland buffer;impr UJtpt Appeals of septic waste; and upgraded control and recharge of potential stormwater runoff, as detailed below. a. Because the existing structural footprint on the waterside of the dwelling will be maintained, the existing minimum wetland setback of 71 feet to the mean high water line of Orient Harbor will be maintained. In fact, the wetland setback to the closest habitable space will increase by 12 feet to 83 feet as a result of the conversion of the existing 13.3' x 18.9' portion of dwelling located nearest the harbor to a screened-in porch. b. The existing conventional septic system will be removed and replaced with a low- nitrogen, I/A sanitary system consisting of an I/A OWTS located a minimum of 170 feet from the existing bulkhead and surface waters of Orient Harbor. Unlike conventional systems, which are not designed or equipped to treat nutrients such as nitrogen, I/A systems are designed to significantly reduce nitrogen loading into the groundwater and ultimately surface waters. c. A proposed stormwater drainage system is designed to capture and recharge roof runoff from the renovated dwelling and surface runoff from the existing driveway. d. As an anticipated part of the process of securing a Town Wetlands Permit from the Board of Trustees, the existing 12-foot wide non-turf buffer adjacent to the bulkhead would become legally and permanently established through a declaration of covenants, thus ensuring the perpetual maintenance of an effective sink and filter for contaminants between maintained lawn area and adjacent surface waters. e. A project limiting fence will be installed to contain site disturbance and potential surface runoff during construction. 5) The requested combined side yard setback relief is not self-created outside the unrealistic expectation that a 60-plus year old dwelling would never need to be substantially renovated and/or expanded,as the relief is required to maintain legally nonconforming setbacks that were permitted and C/O'd by the Building Department in the 1960s. fl Robert E. Herrmann Sworn to before me this 13th day of July, 2026 KIM H. STEPHENS Notary Public-State of New York No.01 ST5015931 "Noy Publlc Qualified in Suffolk County My Commission Expires August 02,20� 4 1 P a g e 1 A'�r1d'1.1evis ,a JUL 3 0 2026 The requested GFA relief is not self-crested because the applicants purcha.26�t Y��1 4peals 2019, three years prior to the Town's adoption of GFA limitations, and there ore could not have had actual or constructive knowledge that such limitations would exist by the time they were able to renovate the dwelling. NSD R ert E. Herrmann Sworn to before me this 13th day of July 2026 KIM H. STEPHENS Notary Public»State of New York T Cot Public No.01 ST5015931 Qualified in Suffolk County My commission xPires August 02, 0 5 Page JUG. f3 2Gcb Zoning Board of Appeals APPLICANT'S PROJECT DESCRIPTION Zoning Board of APPeatO atst APPLICANT: Emily & John Sharko SCTM No. 1000-38-2-33 1. For Demolition of Existing Building Areas Please describe areas being rcmoved:93 sf roof-over to be enclosed as part of 115 sf 1st floor addition beneath proposed 2nd floor; cellar entry; 13.3'x 18.9' portion of 1st floor being converted to screenedporch; and 328 sf waterside deck. II.New Construction Areas (New Dwelling or New Additions/Extensions): 6.2'x 33.2' covered porch; 115 sf 1 st floor addition (includes enclosure of existing 93 sf roof-over) Dimensions of first floor extension. and 13.3'x 14,3'extension of screened-in porch proposed in place of 13,T x 18.9"portiot Dimensions of new second floor:l,453 9(yariable dimengji ggl ce rage. of 1st Hoof Dimensions of floor above second level: N/A Height(from cxisting natural grade): 31.4' Is basement or lowest floor area being constructed? If yes,please provide height(aboveground)measured from. natural existing grade to first floor: Existing basement to remain. III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: See attached project description_ Number of Floors and Changes WITH Alterations: See attached ro'ect descri Lion_ IV. Calculations of building areas and lot coverage,sky plane(From Surveyor,Design Professional): Existing square footage of buildings on your property: 3,408 sf Proposed increase of building coverage: 109 sf Square footage of your lot: 18,957 sf; 17,558 sf buildable land area Percentage of coverage of your lot by building area(lot coverage) 19.4%existing;20.0%proposed Gross Floor Area(GFA) of single family dwelling including the attached garage and/or habitable detached accessory structure: (Please refer to Chapter 280,Section 280-207 of the Town.Code;): 2,013 sf existing; 3,625 sf proposed For Residential lots, is project within the allowable Sky Plane?(Please refer to Chapter 280, Section 280-208 of the Town Code): Yes V. Purpose of New Construction: To accommodate an extended and gLowing family with Southold roots dating back to 1972, the applicants are seeking to a)expand, modernize, and improve the efficiencies of a Melling onstrueted ill trT 1 VMS, primarilyi ing b)provide a separate living space for one of their adult sons in the form of an accessory apartment over the existing garage,. VI. Please describe the land contours(flat,slope %, heavily wooded,marsh area, etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Describe on separate page if needed: The elevation of the parcel is relatively uniform&flan and unrelated to the need for the requested variance relief. Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction.and photos of building area to be altered with vard view. ,-Received JUL 3 0 2026 PROJECT DESCRIPTION Zoning Board of Appeals FOR EMILY&JOHN SHARKO 200 CLEAVES POINT ROAD EAST MARION,NY SCTM#1000-38-2-33 Substantially renovate (Town Code-defined demolition) an existing 1-story, single-family dwelling (2,013 sf GFA) by constructing an approx. 115 sf 1" floor addition (includes enclosure of ex. 93 sf roof-over) beneath a proposed 1,453 sf GFA 2nd floor with 4.3' x 24.5' covered balcony, a 6.2' x 33.2' covered porch, and a 13.3' x 33.2' screened-in porch with balcony above (converted from 13.3' x 18.9' portion of ex. lst floor,and 13.3' x 14.3' portion of 328 sf waterside deck to be removed); add perimeter steps around waterside of dwelling, and relocate cellar entrance; construct a 371 sf GFA 2°d floor addition with accessory apartment over existing accessory garage; remove existing conventional septic system, install new I/A sanitary system, and install new stormwater drainage system; and maintain existing 12-ft wide non-turf buffer adjacent to bulkhead, all as depicted on the survey/site plan prepared by Young Associates, last dated July 10, 2026. Rece�Y@106/2023 QUESTIONNAIRE JUL 3 Q 2026 J� FOR FILING WITH YOUR ZBA APPLICATION A. is the subbject premises currently listed on the real estate market�# rBoard of Appeals Yes X No B. Are there any proposals to change or alter land contours? X No Yes,please explain on separate sheet. C. 1.)Are there areas that contain sand or wetland grasses? Yes .) Are those areas shown on the survey submitted with this application? Yes .) is the property bulk,headed between the wetlands area and the upland building area? Yes 4.) If your property contains wetlands or pond areas,have you contacted the Office of the BOA"OF TRUSTEES for its determination ofjurisdiction`:? No Please confirm,status of your inquiry or application with the Board of Trustees: An application for a Town Wetlands Permit would be filed upon receipt of a variance determination. If issued,please attach copies of your permit listing conditions of approval with a copy of the approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any,patios,concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? No If any of the aforementioned items exist on your property„ please show them on a site plan. R Are there any construction prqjects currently in process on your property? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe scope of work: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If none exist,please apply to the Building Department to obtain them or to obtain an Amended Notice of Disapproval.CO#z-1625 & CO#z-23570 H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes,please label the proximity of your lands on your survey and identify the Suffolk County Tax Map No. I. Please list present use or operations conducted at your property, and/or the proposed use Residential, 1-story single family dwelling with accessory 1-story garage and accessory J. (examples:xi tin singe to single proposed:saine with garage,pool or other) s ,rnlncol; 2 y proposed:family dwelling and 2-story accessory garage with cessory apartment. July 13, 2026 AuthorizM1994.4re Date Robert E. Herrmann Coastal Management Specialist eCeived FORM NO. 4 TOWN OF SOUTHOLD JUL 3 ® 2026 BUILDING DEPARTMENT Office of the Building Inspector Zc nilacg 130a1d ofi ApP89Jc- Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-18987 Date_ APRIL 25 1990 THIS CERTIFIES that the building ADDITION Location of Property 200 CLEAVES POINT ROAD EAST MARION N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 38 Block 2 Lot 33 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 24, 1971 pursuant to which Building Permit No. 533-Z dated JUNE 22 1971 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is PORCH ADDITION TO EXISTING ONE FAMILY DWELLING The certificate is issued to MRS. JOHN BAZOVSKY (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL NIA UNDERWRITERS CERTIFICATE NO. N A PLUMBERS CERTIFICATION DATED N A 15ullding Inspector Rev. 1/81 FORM NO. 4 Received ELP JUL 3 0 ZOZb TOWN OF SOUTHOLD BUILDING DEPARTMENT guard of ApPea�s Office of the Building Inspector Zoning Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-32987 Date: 04/16/08 THIS CERTIFIES that the building INGROUND SWIMMING POOL Location of Property: 200 CLEAVES PT RD EAST MARION (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 38 Block 2 Lot 33 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed an this office dated APRIL 13 2006 pursuant to Which Building Permit No_ 31910-Z dated APRIL 14 2006 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY INGROUND SWIMMING POOL WITH FENCE TO CODE AS APPLIED FOR & AS PER CONDITIONS OF ZBA #5835 DATED 3 9 06. The certificate is issued to ANTHONY & SUSAN NAPOLITANO (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 2199-ME 07/08/06 PLUUMBERS CERTIFICATION DATED N/A A)dthorfzed Signature Rev. 1/81 FORM NO. 4 Received TOWN OF SOUTHOLD JUL 3 U 2026 BUILDING DEPARTMENT Office of the Building Inspector Town Hall Zoning Board of q eals pp Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-28212 Date: 02/14/02 THIS CERTIFIES that the building ADDITION Location of Property: 200 CLEAVES PT RD EAST MARION (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 38 Block 2 Lot 33 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 22 2002 pursuant to which Building Permit No. 28022-Z dated JANUARY 22,_ 2002 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is DECK ADDITION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR.. The certificate is issued to ANTHONY & SUSAN NAPOLITANO (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A u or ed S ;nature Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD deceived BUILDING DEPARTMENT TOWN CLERK'S OFFICE UL SOUTHOLD, N. Y. Zoning Ba rd ok Api 8k CERTIFICATE OF OCCUPANCY Z 1625 one 2? �9�►3 No. .,...... ..»,»,...... Date ».... .,.,.... .. I.................... — 1�iaciDn THIS CERTIFIES that the building located ate, + # 'l� �l.. ?�F3.>I1td.,E�1� ..,r... et Stree MapNo. ftX:LQA..M&ftZk No. ........**.......... Lot No. .....3... ........ ......... ..........«»..a... ............... conforms substantially to the Application for Building Permit heretofore filed in this office dated A1,1OMPA.1................. 19.01. pursuant to which Building Permit No. 2.11511 dated ...................NW-—t..�•........•...••1 194..., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ........ .......BRIVATL,;Ql ,jrAM4ll.fl q.............. ........ .......... ».,.»... ........................... The certificate is issued to .... rtAO Royo i, ..Simax.................................... ........................... (owner, lessee or tenant) of the aforesaid building. .»Ruilding Inspecto FORM NO. 4 TOWN OF SOUTHOLD Raced BUILDING DEPARTMENT TOWN CLERK'S OFFICE JUL 3 0 2026 SOUTHOLD, N. Y. Zoning Board of Appeals CERTIFICATE OF OCCUPANCY Z 1625 Date iun 1 1963 No. ..,.,.... ..............,... ............ ........ ,. ,.,.,..»..., ma THIS CERTIFIES that the building located Streri4n MapNo. AftXj0A.. k No. .........**........ Lot No. .....$............................................................... conforms substantially to the Application for Building Permit heretofore filed in this office dated ...jhMOMOA-0................. 19.01. pursuant to which Building permit No. .2..��t�.a. dated .*.... .....•,•. .' •. ............«, 196; .... was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ........ ....................PRXVATX ; FAMILY A4t*C ......................................................................... The certificate is issued to ....Xft;1:t411.. 'VlCXx .0 .............................................................. (owner, lessee or tenant) of the aforesaid building. ,.,. ...,.. ..Building.MI wzp to ............... FORM NO. 4 Receive t y-b TOWN OF SOUTHOLD BUILDING DEPARTMENT JUL 3 0 2026 Office of the Building Inspector Town Hall eats Southold, N.Y. Zoning Board of App UPDATED CERTIFICATE OF OCCUPANCY No Z-23570 Date MARCH 29, 1995 THIS CERTIFIES that the building DWELLING Location of Property 200 CLEAVES POINT ROAD BAST MARIONf N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 38 Block 2 Lot 33 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated. AUGUST 8 1961 ___pursuant to which Building Permit No. 1511-Z dated AUGUST 8 1961 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH DBTACHSD ACCESSORY GARAGE The certificate is issued to JOHN & MAGDA BAZOVSKY (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *THIS UPDATES CO Z-1625 DATED JUNE 17, 1963. q, Buie ui nq Inepeo or Rev. 1/81 APWALS BOARD MEMBERS • • Mailing Address: $ (,f�Ruth D.Oliva,Chairwoman Southold Town Hall 5,3095 Main Road•P.O.Box 1179 Gerard P.Gcehringer Southold,NY 11971-0959 James Dinizio,Jr. ffice gn; Michael A.Simon �' �' Fle"'WA airst Floor:North Fork Bank Leslie Kanes Weisman 54375 Main&ad(at Youngs Avenue) JUL 3 OSZOtd,NY 11971 http://soutboldtown.northfork.net �� i Board of gpPeale ZONING BOARD OF APPEJWE� RECEIViD r TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 APR 17 2006, FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 9, 2006 Somflitilld Trull C104 ZB File No. 5835—ANTHONY and SUSAN NAPOLITANO Property Location: 200 Cleaves Point Road, East Marion CTM 38-2-33 D RMINAT_ N: 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 19,120 sq. ft. parcel has 80 feet along Cleaves Point Road and 215 feet in depth along the eastern side lot line. The property is improved with a single-family dwelling and detached accessory garage, as shown on the April 26, 1995 survey, amended by Roderick VanTuyl,P.C. BASIS OF CATION: Building Department's October 19, 2005 Notice of Disapproval, amended December 27, 2005, citing Section 100-239.4E in its denial of an application for a building permit to construct an accessory,in-ground swimming pool,for the reason that the pool will be less than the code-required 75 feet from the bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 9, 2006,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 VARI_Ab!CE RELIF=F R VESTED: The applicants wish to construct a 12' x 36' in-ground swimming pool with surrounding brick patios at grade, as shown on the site map prepared by Cottage Designs, Ltd. 12120/05. REASQNg,F!2R BOARD ACTI N,, 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 lot line adjacent to the Gardiners Bay is angled, allowing the pool to be at least 84 feet from the bulkhead at the western end. Approximately 85 square feet of the easterly corner section of pool indicates the area within the 75 ft. restricted setback area. The entire pool construction is proposed in the code-required rear yard and will meet all other Zoning Code requirements. 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 difficulty in locating this 12'x 36' pool is the angle of the bulkhead in relationship to the angle of the home,which is parallel to the street. Page 2—March 9,2006 • a$File No.5835—A.and S.Napolko CTM No.38-2-23 Received 01 JUL 302026 015 3. The variance granted herein is not substantial. Zoning Board of Appeals 4. The difficulty was created when a swimming pool was planned at this site. 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. The new construction must meet the building,zoning, FEMA and other codes relative to coastal zone areas. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an in-ground 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-B, motion was offered by Chairwoman Oliva, seconded by Member Simon, and duly carried,to GRANT the variance as applied for, as shown on the site map prepared by Cottage Designs, Ltd. 12/20/05, subject to the FEMA requirements pertaining to coastal swimming pool and related con struction/activities. 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Simon, and Weisman. Member Dinizio was absent. This Resolution was duly bd {40). J. Ruth D.Oliva,Chairwoman 405106 Approved for Filing ,a��wr.w....,...,.„,....r...rw^w..^"'- '"`^`w""'�T}wr++M'• �{ .yr....,r_.., ",r,ww.w«..w�,.....«r,r..»�� ., R i Received I . JUL �' 2026w rI m �� `pZ g Board. Ap als � a � Ct VI+ �i t �I IN � lu T,- � H us ki m r bb �4;... k � m j 9 3 297.IS Fr, -- fgncaE(E Vaw(s e_ � \ a et P09 Fm4V IMP n 54.H. vicL \ 4�'L 1l1 5 € u 5� 432 54,FL � 91` - u+11nE�E Sfcw:°Uw�tv°�Y� qy...a]py CuNAObQ. " -ErxfIgl NG G III.rfp rr 4 CD ww C�� CD CL GILL?, fts. DRIV6 { EXISTING STRwfURPh AWV6GRAW,', NouSE: 1945 SPA.. �SCALti: %L•1�0� 1, tf i6AMGel 552 Sq,Ff PECIL' 336 sq.FT. oven ARCH:wo 5q.Ff - • DRAFTING AS PERSVRVFr OF RODERICK.VAN'fU'TL crew IFGRC�F,eo sq FY - AYiENDED APRI✓21a.1995 fy PEA FbAdR: BIZ S4 FT. - • LOT NO-. 2,3,41 YIARIOW MAn10R'MAP NO.Zo36 -ro?AL I;XIS'fIN&' 3123 SST•, PROPOSED: 452 ADD1fONA1.S4iY, RE >E CS _ -2co cLfAv02 pf.Imo. �I�Ia r • II NOM. ALI.N6W CvN5fRUcnoN SHALL 66 IN CcHR,IANCFi FROPbSEV'SWIMMING Fool, WITH WCAI.w sTA'IW-SWIM MIN&Pool. CODfi6 I, Cs4fAGE DESI6N5,LsfD. 793 4027 7• . 38 4 ca (34 ZAP s$ 14COIC40 2eceivec�6-0 JUL 3 0 2026 Zoning Board of Appeals 4 Received AGRICULTURAL DATA STATEMENT JUL 3 0 2026 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Zoning Board of Appeals WHEN TO USE THIS FORM: phis form must be completed by the applicant for any special use permit,site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant;: Emily & John Sharko 2. Address of Applicant: 200 Cleaves Point Road, East Marion, NY 11939 3. Name of Land.Owner(if other than Applicant):same 4. Address of Land Owner: 5. Description of Proposed Project:See attached project description. 6. Location of Property: (Road and Tax map Number)1000-38-2-33 7. Is the parcel within 500 feet of a farm operation? { } Yes {X} No 8. Is this parcel actively fanned? { } Yes {X} No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farts operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and nailing addresses from the Town Assessor's Office(76 -1 37)or from:the: .cal Property Tax Oboe located in Riverhead, NAME and ADDRESS, 1. 2. 3. 4. 5. 6. (Please use the back of .1 's page if there are additional property owners) 06 30 2026 Signature ofApplic,nt E. He nn Date Coastal Management Specialist 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. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant 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. PROJECT DESCRIPTION FOR 3 p 2026 EMILY&JOHN SHARKO ,1UL 200 CLEAVES POINT ROAD eats EAST MARION,NY 7on109 gOard °� APP SCTM#1000-38-2-33 Substantially renovate (Town Code-defined demolition) an existing 1-story, single-family dwelling (2,013 sf GFA) by constructing an approx. 115 sf lst floor addition (includes enclosure of ex. 93 sf roof-over) beneath a proposed 1,453 sf GFA 2"d floor with 4.3' x 24.5' covered balcony, a 6.2' x 33.2' covered porch, and a 13.3' x 33.2' screened-in porch with balcony above (converted from 13.3' x 18.9' portion of ex. 1st floor,and 13.3' x 14.3' portion of 328 sf waterside deck to be removed); add perimeter steps around waterside of dwelling, and relocate cellar entrance; construct a 371 sf GFA 2nd floor addition with accessory apartment over existing accessory garage; remove existing conventional septic system, install new UA sanitary system, and install new stormwater drainage system; and maintain existing 12-ft wide non-turf buffer adjacent to bulkhead, all as depicted on the survey/site plan prepared by Young Associates, last dated July 10, 2026. 4 i e 617.20 Received Appendix B Short Environmental Assessment Form JUL 3 Q Instructions for Comilleting Zoning Board of Appeals J Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application:for approval or funding,are subject to public review,and may be subject to.further veri(cation. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or usefiil to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project. Sharko Renovation Project Location(describe,and attach a location map): 200 Cleaves Point Rd, East Marion;SCTM 1000-38-2-33; located on s/s of Cleaves Point Rd,+/-129'w/o East Gillette Dr Brief Description of Proposed Action: Substantially renovate(Town Code-defined demolition an existing 1-story,single-family dwelling,(2,013 sf GI=A)by constructing an approx. 115 sf 1st floor addition inclu Is enclosure of ex. 93 sf roof-over)beneath'a proposed 1,453 sf GFA 2nd floor with 4.3 x 24.5'covered balcony,a 5.2 x 33,2'covered porch,and a 13.3'x 33..2'screened-in porch with balcony above(converted from 13.3'x 18.9'portion of ex. 1st flower,and 13.3'x 14.3„portion of 328'sf waterside deck to be removed)„ add perimeter steps around waterside of dwelling„,and relocate cellar entrance;construct a 371 sf'GFA 2nd floor addition with accessory apartment over existing accessory garage;remove existing conventional septic system,install new I/A sanitary system'„and install new stonrkwater drainage system;and maintain existing 12-ft wide non-turf buffer,adjacent to bulkhead, all as depicted on the survey/site plan prepared by Young Associates, last dated July 10,2028: Name of Applicant or Sponsor: Telephone: 917-656-4779 Emily&John Sharko E-Mail: esharko@gmail-com Address: 200 Cleaves Point Road City/PO: State. Zip Code: East Marion NY 11939 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. ✓ 2. Does the proposed action require a permit,approval or fimding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: ✓ Town of Southold Board of Trustees,Town of Southold Building Department 3.a. Total acreage of the site of the proposed action? 18,957 sf b.Total acreage to be physically disturbed? <18,000 sf c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 18,957 sf 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑ Commercial Residential(suburban) ❑ Forest ❑Agriculture Aquatic ❑ Other(specify): ❑Parkland Pagel of 4 �l 5. Is the proposed action, ROC YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? JUL"! o � 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? Zon,hng, lard of 7m Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO I YES If Yes identify: Name:Peconic Bay&Environs, Reason:Protect public health,water,vegetation,&scenic beauty,Agency:Suffolk County,Date:7-12-88 8. a_Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? a Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements„describe design features and technologies: V 10. Will the proposed action connect to an existing public/'private water supply? NO YES If No,describe method for providing potable water: V 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: V A new I/A OWl"S sanitary sytem is proposed. 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? V b.Is the proposed action located in an archeological sensitive area? 11 a. Does any portion of the site o1"the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would tlic proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. I�Sliorel ite typical haabitat t es that occur n,or are likely to be Agricultural/grasslands on theproject site. Check all than apply: y " yI y Early mid-successional 9 Wetland ❑ Urban Ed Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that resultwater or other liquids(e.g.retention pond,waste lagoon,dam)? in the went of NO YES If Yes,explain purpose and size: V 19.Has the site of the proposed action or an adjoining property been the location of"Uatf-�e or closed NO YES solid waste management facility? ; t�w^�w. If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: 1 I AFFIRM THAT THE INFORM ION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Robert E. Herrmann Applicant/sponsor uattaeGOaS a ement 6 eojaGjSt En-COnSUltantS Date: July 13, 2026 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the infortnation contained in Part 'I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the con"I)t"Have nay responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur L Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 ec O 2026 No,or t large aor ,v small to lar ge e impact impact Ry may Board °� ApP occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur".,or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Board of Zoning Aggeals ARRfication �W66111 OWNER'S AUTHORIZATION 0, o{ Pppea (Where the Applicant is not the Owner) 7- 0'6,og aosO I, Emily Sharko residing at 200 Cleaves Point Rd.. (Print property owner's name) (Mailing Address) East Marion, NY 11939 do hereby authorize (Agent) En-Consultants to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. By signing this document,the Property Owner understands that pursuant to Chapter 280- 146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1)year terms. IT IS THE PROPERTY QVi NERIS RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE RE UIRED TIME FRAME DESCRIBED HEREIN. e214 C ( er's Signature) Emily Sharko (Print Owner's Name) Received Board of Zoning Appeals ApRlicaltion JUL 3 0 2026 Zoning Board of .Appeals OWNER'S AUTHORIZATION <i� y (Where the Applicant is not the Owner) I, John Sharko residing at 200 Cleaves Point Rd. (Print property owner's name) (Mailing Address) East Marion, NY 11939 do hereby authorize En-Consultants (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. By signing this document,the Property Owner understands that pursuant to Chapter 280- 146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1)year terms. IT IS THE PROPERTY OWNER"S 11ESPONSMILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. 00, ,�/,**00.- 4,4v, (Owner's Signature) John Sharko (Print Owner's Name) Received C36 APPLICANVOWNER JUL 3 0 2026 TRANSACTIONAL DISCLOSURE FORM Zoning Board of Appeals The Town of Soutbold'I Code of Ethics prohlbl!A confll is of interest on the PaEt of town officers and employee .The pumse of this form is to grovide information which can alert the town ossible conflicts of interest and allow it to take whatever action is neeessary to ayold same, YOUR NAME : Sharko, Emil (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's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe 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 that 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) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSMP Submitted this day of Signature 9 . Print Name Emily harko z 0 ZO APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM joarcf of APPGA The Town of t ld's Code of Ethics rohibits onfficts, 2f interest on the part of town offi ers and em, to ees.The guagse of this form is to rovide information which San alert the town of gossible conflicts of Interest and allow it to to awhatevet action is necessarX to avoid same YOUR NAME : Sharko, John (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's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe 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 that 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 day of 200 Signature Print Name John Sharko JUG AGENT/REPRESENTATIVE goad ., pppealc- TRANSACTIONAL DISCLOSURE FORM -zoning 60 The"Mown of Southold's Jode of Ethics prohibits conflicts of interest on the part of Mown officers and vmglavees.The puMose of this for is�tg provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is, necessary to avoid same. YOURNAME: Hermann, Robert E. (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's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance XX Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which,the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO XX If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe 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 that 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) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP CIN\ Submitted this 13th f MY - 20 26 Signature. Print Name Robert E. Wrmann ed ,i 6 Town of Southold + O LWRP CONSISTENCY ASSESSMENT FORM Board o� PPPea� A. INSTRUCTIONS 1001`9 L 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# 38 2 .. 33 The Application has been submitted to(check appropriate response): Town Board ® Planning Dept. 0 Building Dept. 0 Board of Trustees 0 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: Nature and extent of action: See attached project description. , e PROJECT DESCRIPTION %0 T FOR Y3 200 CLJEAVES POINT OAD '1n� �°ard ofi Appeals EAST MARION,NY Z°n SCTM#1000-38-2-33 Substantially renovate (Town Code-defined demolition) an existing 1-story, single-family dwelling (2,013 sf GFA) by constructing an approx. 115 sf lst floor addition (includes enclosure of ex. 93 sf roof-over) beneath a proposed 1,453 sf GFA 2nd floor with 4.3' x 24.5' covered balcony, a 6.2' x 33.2' covered porch, and a 13.3' x 33.2' screened-in porch with balcony above (converted from 13.3' x 18.9' portion of ex. I"floor, and 13.3' x 14.3' portion of 328 sf waterside deck to be removed); add perimeter steps around waterside of dwelling, and relocate cellar entrance; construct a 371 sf GFA 2"d floor addition with accessory apartment over existing accessory garage; remove existing conventional septic system, install new UA sanitary system, and install new stormwater drainage system; and maintain existing 12-ft wide non-turf buffer adjacent to bulkhead, all as depicted on the survey/site plan prepared by Young Associates, last dated July 10, 2026. Pursuant to Southold Town Code §268-5 ("Review of Actions")and the corresponding definitions of "action"and "minor action"by §286-3 ("Definitions"),the proposed variance requests meet the following definition of a minor action and thus for the purpose of an area variance application should be determined to be exempt from waterfront consistency review pursuant to Chapter 268 : 'F. Granting of individual setback, lot line and lot area variances,except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA." However, because a Town Wetlands Permit will also be required for the proposed scope of work,responses to relevant policies are provided herein. Location of action: 200 Cleaves Point Road, East Marion Raceive Site acreage: 0.435 acre JUL 3 Q 2026 Present land use: Residential, one-family dwelling with acccesory garage and swimrninaffl& Board of Appeals 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 applicant: Emily &John Sharko (b) Mailing address: 200 Cleaves Point Road East Marion, NY 11939 (c) Telephone number- Area Code 017 656-4779 (d) ,application number, if any: Will the action be directly undertaken,require finding, or approval by a state or federal agency? Yes 1:1 No 0 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. O Yes No R1 Not Applicable Attach additional sheets if necessary 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 El Yes D No ZNot Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout th1P i"41gr",Muthold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria JUL;3 0 �Qp Yes Q No 12 Not Applicable Zoning 30ara of Ap Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ® Yes 13 No R Not Applicable The existina house and garage are located within FEMw A Flood Zone X,landward of the Coastal Erosion Hazard Area; and landward of a functional bulkhead that has protected the prop cty fr rn flood and erosion risks for more than 50 will increase by 112 feet to 83 feet as anresult of the conversion of the existing! 13.3'x 18.9'portion of dwelling located neaF—est the water d a screene -M porch. Attach additional sheets if necessary 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 R Not Applicable See attached addendum. Attach additional sheets if necessary 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. ® Yes 13 No R Not Applicable See attached addendum. t Received LWRP CONSISTENCY ASSESSMENT FORM ADDENDUM FOR JUL 3 0 2026 EMILY& JOHN SHARKO 200 CLEAVES POINT ROAD Zoning gourd o1 Appeals EAST MARION,NY SCTM#1000-38-2-33 Policies 5 & 6 The proposed project, which entails expanding and substantially renovating a I-story dwelling, which was originally constructed in the 1960s, into a modernized 2-story dwelling, and separately adding a 2nd floor accessory apartment,will further the goals of LW"Policies 5 and 6 by protecting and improving water quality, and the quality and function of the surrounding Orient Harbor tidal wetland ecosystem. Specifically,the below described design elements and environmental mitigation measures would serve to maintain or increase wetland setbacks to the dwelling;improve groundwater and surface water quality through improved septic treatment; reduce the quantity and improve the quality of potential stormwater runoff through improved site drainage;and permanently memorialize and maintain an existing wetland buffer and setback to maintained lawn areas. 1) Because the existing structural footprint on the waterside of the dwelling will be maintained,the existing minimum wetland setback of 71 feet to the mean high water line of Orient Harbor will be maintained. In fact,the wetland setback to the closest habitable space will increase by 12 feet to 83 feet as a result of the conversion of the existing 13.3' x 18.9' portion of dwelling located nearest the harbor to a screened-in porch. 2) The existing conventional septic system will be removed and replaced with a low-nitrogen, I/A sanitary system consisting of an I/A OWTS located a minimum of 170 feet from the existing bulkhead and surface waters of Orient Harbor. Unlike conventional systems, which are not designed or equipped to treat nutrients such as nitrogen,I/A systems are designed to significantly reduce nitrogen loading into the groundwater and ultimately surface waters. 3) A proposed stormwater drainage system is designed to capture and recharge roof runoff from the renovated dwelling and surface runoff from the existing driveway. 4) As an anticipated part of the process of securing a Town Wetlands Permit from the Board of Trustees, the existing 12-foot wide non-turf buffer adjacent to the bulkhead would become legally and permanently established through a declaration of covenants, thus ensuring the perpetual maintenance of an effective sink and filter for contaminants between maintained lawn area and adjacent surface waters. 5) A project limiting fence will be installed to contain site disturbance and potential surface runoff during construction. Attach additional sheets if necessary Zpning Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. 0 Yes 0 No® Not Applicable Attach additional sheets if necessary Policy S. Mid nimize 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. Yes No M Not Applicable 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. ❑ Yel—I No® Not Applicable Attach additional sheets if necessary 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. Q Yes ❑ No 2 Not Applicable Received Zl �p 6 In � + Attach additional sheets if necessary Volicy 11. Promote sustainable use of living marine resources in Long Island Sound, the Pecoa c Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No© Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lauds in the Town of Southold. See LRP Section III - Policies; Pages 62 through 65 for evaluationcriteria. ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral l resources. See L "RP Section III—Policies; Pages 65 through 68 for evaluation criteria. Yes ❑ No Not Applicable Created on 512510511:20 AM 4 ec we EMIL�I AND aI�SIIAI POINT CLEAVES IIIAM EAST"MAIM 1'►i 26 3 p 20 m.a �k w M � mw r V�0 i ✓„ 1� ��'�" i "�" r ✓�a�,���h ��i�� ( '��'� ,. 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R' 1 y dw Y `,�e it �� �r s✓ ram�� ; j, ',1, �d + t rk1 rub ��wrtC,�1�t��,y✓"'y pr f r ""�!rp" ✓r/� „yGr �✓ ✓� yt, �� r�, � �✓�✓ � of✓�� � r ✓"���° r lr��"G��^`twll/ri��"�AY rU�� ✓ r� a✓i ror � a Y P �i n < � r ✓ �� ��w i°v%1,1q� ✓i ��n rw�V fc 1 �f ✓��;�" H r h k ✓ ,✓ lro✓//1 /✓Ml ����y��H�;¢"✓'✓r����Y.`°�� u I "�i�'`�✓+ f � ✓ ,�r 1 i r✓� r�,r✓C i✓ M✓ "��µ' ,r �� ,�� d�;✓✓,"^�,,, �V���'��✓dG ✓u � 7 `' r^"rr;VG(p�h%�f �o�J�Y4�J �/X t✓ ri ✓ i a �✓a rµ'i � � aF 1 ,. i 5,,.��.s ���„di�.� s,,, ti.ar✓,� w�y���^,u„�i mw^',�*Pzr,G�,w. � ,✓�;,r,.s v� w��,t Figure 2. Looking south at I-story principal dwelling(left)to be renovated with proposed 2nd floor;and at 1-story accessory garage(right)to be renovated with proposed 2nd floor accessory apartment. N KO 00 CLEAVES POINT ROAD EAST MARION S0 m 'y , s f i , Figure 3. Looking southeast at 2-story dwelling(with nonconforming combined side yard setback)on easterly adjacent property,in relation to applicants'existing dwelling to be renovated with proposed 2nd story. , r , t Figure 4. Looking southeast at 2-story accessory garage(Case 3847)on westerly adjacent property, in relation to applicants'accessory garage to be renovated with a 2nd story. Received EMILY AND JOHN aH1�I.I�O 00 CLEAVES POINT ROAD,BAST MO UL� �"l " Zoning,�'Tor9 of f 01 WIN t i G G a. Figure S. Looking north from bulkhead toward applicants'1-story dwelling(center)and surrounding 2-story dwellings located on the adjacent properties to the west(left)and east(right). ry ti m . u Figure 6. Looking southwest over existing 12 ft wide non-turf buffer;at dwelling on adjacent westerly property with GFA greater than applicants'proposed GFA;and at existing accessory apartment located two properties to the west(Cases 6781&SE6782). TOWN OF SOUTHOLD �ROPERTY RECORD OWNER STREET VILLAGE DISTRICT SUB. LOT AEVOWNER N E ACREAGE S W TYPE OF BUILDING FARM comm, IND. CB. misc. Est. Mkt. Value RES.j SEAS. VL. LAND IMP. TOTAL DATE REMARKS ; 4s —T v J, -1 YZ 0,0 0 OAGE BUILDING CON J </ BELOW E FRONTAGE ON WATER NO AAL Form NQue I r�Acre' / lue FRONTAGE ON ROAD c 5 f i rTo'-b-1�' I BULKHEAD Z v 0 CD coo T i 41:b 7'100 DOCK Tilloble 3 Woodland Swampland Brushland House Plot .16 (w --LTP t Total o Vic) 10 SCTM# TOWN OF SOUTHOLD PROPERTY RECORD CARD I OWNER STREET VILLAGE DIST SUB. LOT ACR. REMARKS - 1l - TYPE OF BLD. PROP. CLASS LAND IMP. TOTAL DATE CD s o O CD FRONTAGE ON WATER H0L%E/L@ w BULKHEAD TOTAL I a I e K F - AV INS F _ _ F F 38.-2-33 9/06 i r • M. Bldg. �( III r Foundation ,yi� Lj bathj-- Extension 'Basement U :Floors Extension - I U I Ext. Walls V}i It ;;Interior Finish n � e �1 Extension 3 Fire Place _ Heat-, e 3 M Porch )( Roof Type 0 d r �Q ! COu F v-C 6 Porch �� 'Rooms 1st Floor . CD Bto2z- ay ZlJyatio Rooms 2nd Floor i CD Garage �j Driveway 'Dormer � r O �c ( [ I ._ �$�