HomeMy WebLinkAbout#8151SE-Sharko ZBA application (Accy Apartment) H a �
Revised 6121123
TOWN OF SOUTHOLD 13 156,
ZONING BOARD OF APPEALS
Phone (63I) 765-I809 Received
APPLICATION FOR A SPECIAL EXCEPTION PERMIT FOR AN
ACCESSORY APARTMENT IN AN ACCESSORY BUILDINGAUG U 4 2026
eals
Applicant(s)Name(s) Emily & John Sharko
Applicant(s)Address 200 Cleaves Point Road, East Marion
Phone: 917-656-4779 Email:'esharko@gmail.com
[ J I/we are the owners of the subject property
[XJ I am the agent for the property owner and fuy Letter of Authorization and Transactional
Disclosure Form is attached.
Representative(if other than applicant): Robert E. Herrmann
Address En-Consultants, 1319 North Sea Road, Southampton, NY 11968
Phone: 631-283-6360 Email:rerrmann@enconsultants.com
A. tatefnent ofOwvnership and merest:.
Emily &John Sharko is(are)the owner(s)of the property
known and referred to as
200 Cleaves Point Road, East Marion 11939
House No. Street Hamlet Zip Code
Identified on the Suffolk County Tax Maps as District 1000,Section 38 Block 2
Lot(s) 33 Lot Size'8.957 sfZone District R-40 as shown on the attached deed and survey
The above-described property was acquired by the owner(s)on September 27, 2019
Uwe hereby apply to the Zoning Board of Appeals for a Special Exception Permit pursuant to
Section §280-13B(13)of the Zoning Ordinance to establish an accessory apartment in an
accessory building as shown on the attached survey/site plan and floor plan(s)
B. Prolecl Description:
a 371 sfl1=i 2nd Boor addlt�on i#I accessory apar#ment over exitwng ac cr�nstrf�ct
teary garage, #o
be serviced ty a proposed I/A sani#any s stem and stormwater drairta e s s#em, as de icted
on a sutrr sN e p an prepare y Dung ssocra es, as e u y
July 2023
Application Pate 2,Special Exception for Accessory Apartment
19 V5j Sl;
C. The applicant alleges that the approval of this special exception would be in harmony with the intent
and purpose of said zoning ordinance,and that the proposed use conforms to the prescribed
themnin andneigbft*0e=* l
ammu=
The opo"daocessory apartment for which a Special Exception Ise r ti ld in
fact�compatible with existingland use patterns,the environmsrnt an surroundina
community characteq and W0uTd-n—oT5F-detnrnenta1 to property or persons in th i
for the reasons desk in the attached addendum. 610er'
D. The applicant alleges that the following standards prescribed by Section§280-
13(Bx13)(a)-(k)of the zoning ordinance will be met:
a. The accessory apartment will be located in the accessory building.
b. The owner of the premises shall occupy either the existing single-faintly dwelling or the accessory
apartment in the detached accessory structure as the owners'principal residence.The other
dwelling unit shall be occupied by a family member as defined in Section§280-4 of the code or a
resident who is currently on Southold Town's Affordable Housing registry and is eligible for
placement,evidenced by a written lease,for a term of one or more years.
c. The accessory apartment shall contain no less than 220 square feet and does not exceed 750 square
feet of livable floor as defined in Section§290-4 of the code
d. The accessory apartment will be located on one floor of the accessory building and will contain No
more than two bedrooms and No more than one bathroom.
e. A minimum of three on-site parking spaces shall be provided as shown on the attached survey.
f. Not more than one(1)accessory apartment shall be permitted on this parcel.
g. No Bed and Breakfast facilities,as authorized by Section§280-13(Bx14)hereof shall be permitted
in or on the premises for which an accessory apartment is authorized or exists.
h. The accessory apartment will meet the requirements of a dwelling unit as defined in Section 280.4
of the Zoning Code.
i. This conversion shall be subject to a building permit,inspection by the Building Inspector and
Renewal of Certificate of Occupancy annually.
j. The existing building,together with this accessory apartment,shall comply with all other
requirements of Chapter§280 of the Town Code of the Town of Southold.
k. This conversion for the accessory apartment shall comply with all other rules and regulations of the
New York State Construction Code and other applicable codes.
E. The property which is the subject of this application(check all that apply):
[ ]has not changed since the issuance of the attached Certificates of Occupancy
[ )has changed or received additional building permits.Certificates of Occupancy for
these changes are attached or will be furnished
[ ]has been the subject of a prior ZBA decision(s),copies are attached
Owner S`
COUNTY OF SUFFOLK)
ss..
STATE OF NEW YORK)
Sworn to before me this day of ,202-
kA401 (Notary Public)
DONNA E. ABRAMS
Notary Public,State of New York
No.4944987
Clualifled In Westchester+'aunty Revised 511312025
Comirnission Expires December 12,2010
�IIS�
SPECIAL EXCEPTION FOR ACCESSORY APARTMENT t5
ADDENDUM FOR
EMILY & JOHN SHARKO Re
200 CLEAVES POINT ROAD AUG 4 2026
EAST MARION,NY
SCTM#1000-38-2-33 Board of pppeals
Zoning
Associated with the proposed substantial renovation of the primary dwelling on the property,
a 371 sf GFA accessory apartment is proposed in the form of a 2nd floor addition to an existing
accessory garage that is to remain in the same location with the same footprint, lot coverage,
and zoning-compliant setbacks, thereby maintaining the existing zoning conditions and
character of the property to the maximum extent practicable. The accessory apartment is
proposed in conjunction with the dwelling renovation to accommodate an extended and
growing family who wishes to provide a separate living space for one of their adult sons.
Together with the proposed dwelling renovation, the combined GFA will require variance
relief, for which a separate application is being simultaneously submitted. However, the
garage to be renovated with the apartment is aligned with an existing two-story accessory
garage on the adjacent property to the west, 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 a dwelling renovation that accompanied the
establishment of that accessory apartment in 2014 (Case #6781). Therefore, the applicants'
property would be the second of the five waterfront parcels on Cleaves Point Road to be
improved with an accessory apartment. And as detailed in the accompanying variance
application, Town records indicate that the total 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 five waterfront parcels. And the combined renovation would result in
the parcel's septic system being upgraded with a new stormwater drainage system and I/A
sanitary system, which unlike conventional systems are designed to significantly reduce
nitrogen loading into the groundwater and ultimately surface waters, thus providing an
improvement to the quality and protection of groundwater and adjacent surface waters.
Fay NO. 4
TOWN OF SOUTHOLD Received
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y. AUG 0 4 2026
Zoning Board of Appeals
CERTIFICATE OF OCCUPANCY
Z 1625 Date Just@ 17 i 9 63
No. ..,,,„.. ........ ... ... ,...».... ......,. ...,...... .. .........,
THIS CERTIFIES that the building located at0X*AV0A1..,1PSiint..2"4.2A8X o..Z&st StreetclDn
MapNo. ALUi=.. k No. .........**........ Lot No. .....3.................... .......... ......... ....................
conforms substantially to the Application for Building Permit heretofore filed in this office dated
49MOA .8................. 19.01, pursuant to which Building Permit No. .2i...Uja
dated ...................A uti..e................ I96; ..., was issued,and conforms to all of the requirements
of the applicable provisions of the low. The occupancy for which this certificate is issued is ........
SWATS.". I�" T C .. ........... ..........
Thecertificate is issued to ..:. ...... ... ... ..... . ....... ........ ..............»
(owner, lessee or tenant)
of the aforesaid building.
.. r ..........................
..Build''ig Inspect
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT Received
Office of the Building Inspector
Town Hall
Southold, N.Y. AUG 0 4 2026
Zoning Board of Appeals
UPDATED
CERTIFICATR OF OCCUPANCY
No Z-23570 Date MARCH 29, 1995
THIS CERTIFIES that the building DWELLING
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 AUGUST 8 1961 ___pursuant to which
BuildingPermit 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 DETACHED 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.
Bui ng in' sie6tfor
Rev. 1/81
FORM NO. 4
TOWN OF SOUTHOLD Q � 'J�C
BUILDING DEPARTMENT V
Office of the Building Inspector
Town Hall �� ?IV�C�
Southold, N.Y_
AUG 0 4 2026
CERTIFICATE OF OCCUPANCY Zoning Board Of Appea
No Z-18987 Date APRIL 25, 1990
THIS CERTIFIES that the building ADDITION
Location of Property 200 S POINT ROAD EAST MARION N.Y.
House No. Street Hamlet
County Tax Map No. 1000 Section 3'� lock 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 ursuant to which
Building Permit No. 5368-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 FAMILY DWELLING
The certificate is issued to MRS. JOHN B=VSKY
(owner)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL NIA
UNDERWRITERS CERTIFICATE NO. N A
PLUMBERS CERTIFICATION DATED NJ
Building Inspector
Rev. 1/81
FORM NO. 4
Received
TOWN OF SOUTHOLD A U G U 4 2026
BUILDING DEPARTMENT
Office of the Building Inspector Zoning Board of
Town Hall APpeal�
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 in 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
pLUMBERS CERTIFICATION DATED N/A
AA
+A�
/thor*zed Signature
Rev. 1/81
FORM NO. 4
TOWN OF SOUTHOLD Received
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall AUG 0 4 2026
Southold, N.Y.
Zoning Board of Appeals
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
Xa
u or` ed S nature
Rev. 1/81
FORM NO. 4
TOWN OF SOUTHOLD Received
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y. AUG U 4 2026
Zoning Board of Appeals
CERTIFICATE OF OCCUPANCY
z 1625 ......................June 17....... . 19��...
No. ....................»....... Date .,......,
rion
THIS CERTIFIES that the building located Street
MapNo. L4a.Tj A..Ma k No. .........**........ Lot No. .....3. ............................... . ...... ....................
conforms substantially to the Application for Building Permit heretofore filed in this office dated
. ....... . ,tkU ............... .. 19.01.. pursuant to which Building Permit No. .z..1151 .
dated ..... ............ `tea •• ..•>•• 190! .... 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 ........
,..... PRIVATE., ....., . ` C C iVE t ................................. .... .....,.. I..............
The certificate is issued to ..... 17••kr t4 ♦ ••Qmaxowner.... ...........
lessee or tenants ,. .,.,.•%
of the aforesaid building.
,,. ."..:.w of . «.... ».................
.. uildingrMinspecto
t
APWALS BOARD MEMBERS • • Mailing Address:
Ruth D.Oliva,Chairwoman
,' ► Southold Town Hall
" 53095 Main Road•P.O.Box 1179
Gerard P.Goehringer 41 ld„NY 1 9"I1-09
James Dinizio,Jr.
Michael A.Simon Town Annex/First Floor,North ork Bank
Leslie Kanes Weisman ' 5437511 (t ings Avenue)
Southold,NY 11971
http://southoldtown.northfork.net Zoning Board of Appeals
ZONING BOARD OF APPEALS RECEMB
TOWN OF SOUTHOLD
Tel.(631)765-1809•Fax(631)765-9064
APR.-1 7 200 ,
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF MARCH 9,2006 Cie&
ZB File No.5835—ANTHONY and SUSAN NAPOLITANO
Property Location: 200 Cleaves Point Road, East Marion CTM 38-2-33
E RA DEEgaMINATION 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.
PR F!ERTY F CTSIDESCRIPTN N: 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 QF I LI TI N_ 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 MARIANCF RI=LIEF Rffl UESTED: 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.
REASQNS EOR 1JQ D,Ag_TION:, 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 comer
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
W File No.5835-A.and S.Napo So
CTM No.38-2-23 '
AUG 0 4 2025
Zoning, Board of q
3. The variance granted herein is not substantial. ppeft
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 80 ARD: 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
construction/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 nonconforrnities 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 aid (4-0).
Ruth D. Oliva,Chairwoman 4/l j/06
Approved for Filing
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AUG 0 4 2026
Zoning Board of APPea a'
Received
AUG 0 4 2026
I IIII�II illl IIIII IIIII IIIII IIIII IIIII IIIII IIIII Illl IIII Zoning Board of Appeals
1111111111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEED Recorded: 10/10/2019
Number of Pages: 4 At: 04:33:35 PM
Receipt Number : 19-0192830
TRANSFER TAX NUMBER: 19-07992 LIBER: D00013032
PAGE: 211
District: Section: Block: Lot:
1000 038.00 02 .00 033.000
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $1,400 , 000.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $20 .00 NO Handling $20.00 NO
COE $5 .00 NO NYS SRCHG $15.00 NO
EA-CTY $5.00 NO EA-STATE $125.00 NO
TP-584 $5.00 NO Notation $0.00 NO
Cert.Copies $0 .00 NO RPT $200.00 NO
Transfer tax $5,600.00 NO Mansion Tax $14, 000.00 NO
Comm.Pres $25,000 .00 NO
Fees Paid $44,995.00
TRANSFER TAX NUMBER: 19-07992
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clark, Suffolk County
�. 2
Number of pages
RECORDED
2019 Oct 10 04:33.355 PM
JUDITH A. PRSCALE
This document will be public CLERK OF
record.Please remove all SUFFOLK COUNTY
Social Security Numbers L D00013032211
prior to recording. DT8 P 19-079920792 �
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps ���
3 FEES 04 Z026
Page/Filing Fee Mortgage Amt. � B
1.Basic Tax p ! p f
Handling 20. 00 2. Additional Tax �Q /S
TP-584 SubTotal
Notation
Spec./Assit.
` or
EA-52 17(County) S SubTotal /4 Spec./Add.
EA-5217(State) � TOT,MTG.TAX
Dual Town Dual County
R.P.T.S.A. Held forAppointment
Comm.of Ed. 5. OD Transfer Tax :5-&eo
Affidavit + Mansion Tax Zym0
The property covered by this mortgage is
Certified Copy or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub Total, 3 YES orNO
Other 3�
Grand Total / If N see a of pp ror late tax clause on
page a
G[ / his instrument.
NO, see ��
4 Dist. 19032695 to00 03600 0200 D33o0o 5 Community Preservation Fund
Real Property
.,.......,,,.A m o$nt$
Tax Service
Agency CPF Tax Due
' 00 b
Verification
Improved Y
6 5 tisfacdon5/Dkstharg R ill31 sRL UPRaNO�rty Owners h+lalt6ng Address Vacant land
2/G!R t TO /rJ
TD
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�oJiNDG '
Mail to:Judith A.Pascale,Suffolk County Clerk Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name Jb C�7 S
www.suffolkcountyny.gov/clerk
Tide# 3 :3"'
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached DEED made
by: (SPECIFY TYPE OF INSTRUMENT)
ANTHONY NAPOLITANO The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of SOUTHOLD
EMILY SHARKO&JOHN SHARKO In the VILLAGE
or HAMLET of
BOXES 6 THRU B MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
f
BARGAIN AND SALE DEED with Covenant against Grantor's Alt ecelve
THIS INDENTURE, made the.271h day of September in the year 2019 AU G 0 4 2026
BETWEEN
Zoning Board of Appeals
ANTHONY NAPOLITANO residing at 200 Cleaves Point Road, East Marion, NY
11939,party of the first part and �,�J r*,j r y e ,�,►�ie�7�/
EMILY SHARKO and JOHN SHARKO, residing at 6 Eve Lane, Rye, NY 10580,
party of the second part. I�,1 iF,r �s� 11vSeA'd-
WITNESSETH, that the party of the first part in consideration of ten dollars and
other valuable consideration paid by the party of the second part, does hereby grant and
release unto the party of the second part, the heirs or successors and assigns of the party
of the second part, forever,
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected,situate, lying and being in the
(see attached schedule"A").
BEING AND INTENTED TO BE THE SAME PREMISES CONVEYED TO THE
PARTY OF THE FIRST PART BY DEED DATED MAY 10, 1995 AND
RECORDED MAY 19, 1995 IN LIBER 11725,PAGE 998 AT THE OFFICE OF
THE COUNTY CLERK,COUNTY OF SUFFOLK,
STATE ON NEW YORK.
TOGETHER with all right, title and interest, if any,of the party of the first part
of,in and to any streets and roads abutting the above described premises to the center
lines thereof;TOGETHER with the appurtenances and all the estate and rights of the
party of the first part in and to said premises; TO HAVE AND TO HOLD the premises
herein granted unto the party of the second part,the heirs or successors and assigns of the
party of the second part forever.
AND the party of the First part covenants that the party of the first part has not
done or suffered anything whereby the said premises have been encumbered in any way
whatsoever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law,
covenants that the party of the first part will receive the consideration for this conveyance
and will hold the right to receive such consideration as a trust fund to be applied first for
the purpose of paying the cost of the improvement and will apply same first to the
payment of the cost of the improvement before using any part of the total of the same for
any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of
this indenture so requires.
4n
/1sf"�" y
Title Number: ADA-03336-S
Recew�+ gec�«�
SCHEDULE A DESCRIPTION AUG 0 4 2026
Zoning Board of Appeals
6men' e, 911712
ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town
of Southold, County of Suffolk and State of New York, known and designated as and by Lot
No. 3 on a certain map entitled,"'Map of Marion Manor, situated at East.Marion, Town of
Southold, Suffolk County, New York, surveyed November 25, 1952 by Otto W, Van Tuyl &
Son, Licensed Surveyors, Greenport, N.Y., owned and developed by Peter'Blank& Son,
East Marion, N.Y.", and filed in the Office of the Clerk of Suffolk County on March 18, 1953.
as Map No, 2038 and which sold lot is more particularly bounded and described as follows:
BEGINNING at a point where the division line between Lot 3 and Lot 4 intersects the
southerly side of Cleaves Point Road;
RUNNING THENCE along the southerly side of Cleaves Point Road, South 87 degrees 14
minutes 22 seconds East, 80.00 feet to the division line between Lot 2 and Lot 3;
THENCE South 25 degrees 08 minutes 50 seconds East, 247.15 feet(deed), South 02
degrees 45 minutes 38 seconds West, 214.16 feet (actual), to the bulkhead along the
waters of Gardiners Bay;
THENCE South 34 degrees 25 minutes 10 seconds West, 97.07 feet(deed'), South 68
degrees 22 minute's 13 seconds West, along said bulkhead, 87.84 feet(actual), to the
division line between Lot 3 and Lot 4;
THENCE along said division line, North 25 degrees 08 minutes 501 seconds West, 302.13
feet (deed), North 02 degrees 45 minutes 38 seconds East, 250.43 feet (actual), to the
southerly side of Cleaves Point Road, the point or place of BEGINNING. .
FOR CONVEYANCING ONLY:Together with all right,title and interest of,in and to any streets and roads abutting the
above described promises,to the center line thereof.
J
Received
IN WITNESS WHEREOF, the party of the first part has duly execift&MA44
the day and year first above written.
Board of pppea
Zoning l�IN PRESENCE OF:
a�rl.hw►..`� Napoi��k.,o
STATE OF NEW YORK
COUNTY OF SUFFOLK
On the 27t' day of September, 2019 before me, the undersigned, personally
appeared ANTHONY NAPOLITANO, personally known to me or proved to me on the
basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), that by his/her/their signature(s) on the instrument, the
individual(s) acted, executed the instrument before notary in Suffolk County and State of
New York.
Notary Publi "+
NorARY'PUSUc sr DURGH
�NEW Y
s1k
c°= rtp�re s opt.S
2t11
TOWN OF SOUTHOLD iwROPERTY RECORD
OWNER STREET If !^ VILLAGE DISTRICT SUB. LOT
_ Iwi1=R O V ER N E ACREAGE
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S W TYPE OF BUILDING -
RES. SEAS. VL. FARM COMM. IND. CB. MISC. Est. Mkt, Value
,
LAND IMP. TOTAL DATE REMARKS
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�oAGE BULL ING CO-1 I I�
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Farm Acre `� slue r Ac• r,�, ��lolue FRONTAGE- ON ROAD °.
7il`�db 75cc, ,{ l:t`7i'�! z� BULKHEAD _ 10
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Total
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I000- 31i�. TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STREET i VILLAGE DIST. SUB. LOT-pal A4
ACR. REMARKS
TYPE OF BLD,
PROP. CLASS
LAND IMP. TOTAL DATE
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EMILY AND JOHN SHARI O 200 CLEAVES POINT ROAD,EAST MA Weive
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Figure]. Looking southeast across Cleaves Point Road at subject property and roadside view of existing I-story accessory
garage(front rtltt)and l-story principal dwelling(rear left),each to be renovated with proposed"2nd floors.
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Figure 2. Looking south at 1-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.
EMILY AND JOHN HARKO 200 CLEAVES POINT ROAD,EAST ST MAR ION
. Received
., AUG 0 4 2026
7-ohing Board of AppeaOs
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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.
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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.
EMILY AND JOHN SHARKO 200 CLEAVES POINT ROAD EAST MARION S(9i f sc
Received,,,
i fll i/
AUG 0 41026
fir li
Zoning Board of ApPea/IS
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Figure S. Looking north from bulkhead toward applicants'1-story dwelling(center)and surrounding
2-story dwellings located on tire adjacent properties to the west(left)and east(right).
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Figure 6. Looking southwest over existing 12 ft wide non-turf buffer,at dwelling on adjacent westerly property with GFA greater
titan applicants'proposed GFA;and at existing accessory apartment located two properties to the west(Cases 6781&SE6782).
QUESTIONNAIRE Fieceived
FOR FILING WITH YOUR ZBA APPLICATION AUG 0 4 2026
A. Is the subject premises listed on the real estate market for sale?
Yes X No Zoning Board of App921b
B. Are there any proposals to change or alter land contours`?
X No Yes,please explain on attached sheet.
C. 1.)Are there areas that contain sand or wetland g;rasscs? Yes
?.)Are those areas shown on the survey submitted with this application`. Yes
3.)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 Board of Trustees for its determination of jurisdiction? NO
Please confirm status of your inquiry or application with the Trustees.Application to be submitted
upon receipt of ZSA de)erminiation and if issued, please attach copies of permit with
conditions and approved survey.
7 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, Please shove area of the
structures on a diagram if any exist or state none on the above line.
F. Do you have any construction taking place at this time concerning your premises? No
G. if yes,please submit a copy of your building permit and survey as approved by the Building
Department and please describe: N/A
H. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject
premises. If any are lacking,please apply to the Building Department to either obtain them
or to obtain an Amended Notice of Disapproval. CO#Z-1625 & CO#Z-23570
I. 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.
1 Please list present use or operations conducted at this parcel
Residential, 1-story,single family dwelling with a"essory 1-story garage and the proposed use
2-story single family dwelling and 2-story accessory garage with accessory apartment.
K_ ('example:existing single family,proposed:same with garage,pool or other)
June 30, 2026
signature and Date
Robert E. Herrmann, Coastal Management Specialist
July 2023
AGRICULTURAL DATA STATEMENT
ZONING BOARD OF APPEALS Received
TOWN OF SOUTHOLD AUG 0 4 1 2026
WHEN TO USE THIS FORM: "iris forth must be completed by the applicant for any special
use permit,she plait approval,use variance, area variance or subdivision appeffo6 ppeals
ovithin an 4rzricrrltrrrrrl district OR within 500 Lee if fill agE&C I oLa Lann operation located i 11161
district. All applications requiting 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
3. Name of Land Owner(if other than Applicant): same as a licant ...
4. Address of Land Owner:
5. Description of Proposed Project: See attached project description.
6. Location of Property: (Road and Tax map number 200 Cleaves Point Road,#1000-38-2-33
7. Is the parcel within 50,0 feet of a farm operation? Yes W No
8. Is this parcel actively fanned? I ) Yes J* No
9. Name and addresses of any owner(s)of land within the agricultural district containing active
farm 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 mailing addresses from
the Town Assessor's Office(765-1937).
NAME.and ADDRESS
1.
2.
3.
4.
5.
6.
(Please use the t> l Cthis page if there are additional property owners)
07 1 21 12026
Signature of APPJC�11 Date
The Suffolk County Tax Map numbers may be obtained in advance when requested from the
office of the Zoning Board of Appeals at 631-765-1809.
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 fann operation. Solicitations will be made by supplying a copy of
this statement.
2.Comments retumed 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.
July 2023
�e�eived
pU6 p 4 V5
PROJECT DESCRIPTION Zornoad
1 plp�Pea'
FOR
EMILY&JOHN SHARKO
200 CLEAVES POINT ROAD
EAST MARION,NY
SCTM#1000-38-2-33
In conjunction with the substantial renovation of an existing single-family dwelling, construct a
371 sf GFA 2nd floor addition with accessory apartment over existing accessory garage, to be
serviced by a proposed I/A sanitary system and stormwater drainage system, as depicted on the
survey/site plan prepared by Young Associates, last dated July 10, 2026.
617.20
Appendix B .
Short Environmental Assessment Form Received
Instructions,for morn leti�n AUG 0 4 2026
Part 1 -Project Information. The applicant or project sponsor is responsible for the comp o@1P§I4 lof* L%
become part of the application for approval or funding,are subject to public review,and may be subject to further verification.
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 useful
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 Road,East Marion;SCTM 1000-38-2-33;located on south side of Cleaves Point Road,+/-129'west of East Gillette Drive
Brief Description of Proposed Action:
In conjunction with the substantial renovation of an existing single-family dwelling, construct a 371 sf GFA 2nd
floor addition with accessory apartment over existing accessory garage, to be serviced by a proposed I/A
sanitary system and stormwater drainage system, as depicted on the survey/site plan prepared by Young
Associates, last dated July 10, 2026.
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 X
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 funding from any other governmental Agency? NO YES
If Yes,list agency(s)name and permit or approval:
X
SCDHS, Town of Southold Trustees,Town of Southold Building
3.a. Total acreage of the site of the proposed action? 18,957 sf....
b.Total acreage to be physically disturbed? <1 000_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 R Residential(suburban)
❑ Forest ❑Agriculture W Aquatic ❑Other(specify):
❑Parkland
Page 1 of 4
5. Is the proposed action, NO YES N/A
a.A permitted use under the zoning regulations? ,....
R
b.Consistent with the adopted comprehensive plan? X
6. Is the proposed action consistent with the predominant character of the existing built or natural AUG ,( YE Si
landscape? X
7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environ ar NO A
If Yes,identify: Name:Peconic Bay and Environs,Reason: Protect public health,water,vegetation,& X
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
X
b.Are public transportation service(s)available at or near the site of the proposed action':? X
c.Are any pedestrian accounnoadations or Tricycle routes available on or near site of the proposed.action? X
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:
X
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water: X
11. Will the proposed action connect to existing wastewater utilities? NO YES
providing r�aattrra X
If No,describe method for rov�din wastewater treatment: rt 'w",IT mmmmITITITITIT ratty_W_ ___
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?
X
b.Is the proposed action located in an archeological sensitive,area?
X
13_a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal,state or local agency? X
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
® Shoreline ❑Forest ❑Agricultural./,grasslands ❑Early mid-successional
® Wetland ❑Urban ®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?
X
16.Is the project site located in the 100 year flood plain? NO YES
X
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 X
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
I& Does the proposed action include constniction or other activities that result in die impoundmew of NO I YES
water or other liquids(e.g.retention pond,waste lagoon,dam)?
If Yes,explain purpose and size-. X
19.Has the site of the proposed action or an adjoining property been the location of an t e4.)ydtd NO YES
solid waste management facility? W
If Yes,describe: X
F3oard of APpew"
X 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: X
I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
ju ert E.
Applicani/sponssor wq Herrmann,Coastal Management Specialist Date: June 30,2026
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]Information contained in Part I and other materials submitted by the project sponsor or
otherwise available to the reviewer. When answering the question,,the reviewer should be guided by the concept"Have my
responses been reasonable considering the scale and context of the proposed action?"
No,or Moderate
small to large
impact impact
may may
occur occur
1. 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 omortunitles?
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
' m,or Moderate
small to large
��� ct impact
may
occur occur
10. Will the proposed action result in an increase in the potential for erosion,flooding or dr 2026
problems?
11. Will the proposed action create a hazard to environmental resources or human he gin9 Boar of ApP 16
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 treed 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.
nnty 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-teen, long-term and
cumulative impacts.
o 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.
ti 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 A eels A fication
Received
ONMR9S AUTHORIZATION gjG 0 4 2026
(Where the Applicant is not the Owner)
zono, `30ard of Appea"
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 OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH
THE CODE REQUIRED 11ME FRAM DESCRIBED HEREIN.
( er's Signature)
Emily Sharko
(Print Owner's Name)
Board of Zoning ARgeals AyjhLcaflon 16 (5I S�
�e�eived
OWNER'S AUTHORIZATION
(Where the Applicant is not the Owner) AUG ,�4 2026
70nln9 Board of Weals
1, 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 RESPONSIBILITY TO ENSURE COMPLIANCE WITH
THE CODE RE.QILMD TIAM FRAME LE SCRIBED HEREIN.
,��4 4wov
(Owner's Signatwure)
John Sharko
(Print Owner's Name)
APPLICANT/OWNER
TRANSACTIONAL DISCLOSURE FORM
The"Town of So old's Code of Ethics cts o Intyrot an the Rart f ton officers at d f
form is to Provide infor—gation which can alert the tows of oss n is of intet and allow it to take whatever a
a av fd ME&
7-Oning Bo"'r6 01. Appeailzp.
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 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 RELATIONSMP
Submitted this day of 0 -
Signature
Print Name Emily harko
APPLICANT/OWNER
TRANSACTIONAL DISCLOSURE FORM
h wn Ao .&tsft1d1s Cgdgof Ethics prohibits,confli is of intereston the ftown o aml.nlavees,The vgWst of
this form is to Rrovide information which can alert the le conflicts of'interest and allow it fever action is
Recetsary to avoid same, �1
YOUR NAME : Sharko, John o� Pppea�
(Last name,first name,middle initial,unless you are applying in the name of someone e r entity,such as a
company.If so,indicate the other person's or company's name.) 2�
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 applicantlagent/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 RELATIONSFIIP
Submitted this day ofk 20
Signature 4
Print Nam. John Sharko
AGENT/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM
0
The Town of$outhold's Code or Ethics prohibits conflicts of interest on the part of town officers and e4kep0purimse
of this form is to erovide information which can alert the town of possible conflicts of interest and allow It fe take what it
action is necys,!Lan'tp avoid same. nUG
YOUR NAME : Herrrmann, Robert E.
(Last name,first name,middle initial,unless you are applying in the name of someone else or other entih,
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) Special Exception Permit 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 RELATIONSHIP
Submitted this 30th of June 2026
Signature
Print Name Robert'0$errmann
July 2023
r M1
4`
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS 4 2025
1 All applicants for permits* including Town of Southold agencies, shall complete A lg br
proposed actions that are subject to the Town of Southold Waterfiront Cori fi e"view 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, i all not L
e Mn&rtaken.
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 0 Planning Dept. 0 Building Dept. 0 Board of Trustees
1. Category of Town of Southold agency action(check appropriate response):
(a) Action undertaken directly by Town agency(e.g. capital 0
construction,planning activity,agency regulation, land transaction) 0
(b) Financial assistance(e.g. grant, loan, subsidy)
(c) Permit, approval, license,certification:
Nature and extent of action:
See attached project description.
PROJECT DESCRIPTION Received
FOR
EMILY&JOHN SHARKO Au p 4 2026
200 CLEAVES POINT ROAD
EAST MARION,NY
SCTM#1000-38-2-33 Zoning Hoard of Appear-
In conjunction with the substantial renovation of an existing single-family dwelling, construct a
371 sf GFA 2nd floor addition with accessory apartment over existing accessory garage, to be
serviced by a proposed I/A sanitary system and stormwater drainage system, 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 : 7. 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
pe—coved .
Site acreage: 0.435 acre q(Z5
4
Present land use: Residential, one-samily dwelling with acccesory garage and in- Pool.
Present zoning c R-40 zone�g Bog'', of Ap
POO
' g classification:
2. 1f 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 Coded 656-4779
(d) Application number, if any:
Will the action be directly undertaken,require funding,or approval by a state or federal agency?
Yes ❑ 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.
❑Yes El No V 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
Yes 11 No V Not Applicable
Attach additional sheets if necessary ( I`
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 eCe1Ved
L F�
Yes 13 No W Not Applicable
AUG p 4 2026
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 El No El Not Applicable
The existino house and garage are located within FEMA Flood Zone • landward of the Coastal Erosion Hazard Area°
Team e from flood and erosion risks for more than fl
and landward of a functional bulkhead that has protected the Droparty from
will increase by 12 feet to 83 feet as a result of the conversion of the existirt 13.3'x 18.9' ortion of dwellin located
nearest the wa er o a screens -�n porc
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 0 No 0 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 E] No® Not Applicable
See attached addendum.
LWRP CONSISTENCY ASSESSMENT FORM Received
ADDENDUM FOR
EMILY & JOHN SHARKO AUG 04 2026
200 CLEAVES POINT ROAD
EAST MARION,NY Zoning Board of Appeals
SCTM#1000-38-2-33
Policies 5 & 6
The proposed project, which entails expanding and substantially renovating a 1-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 LWRP 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
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies
Pages 32 through 34 for evaluation criteria. AUG .0 4 2026
Yes R No® Not Applicable Zoning gOard of Appeals
Attach additional sheets if necessary
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.
D Yes 1:1No 2 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.
El YeD 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.
D Yes [:1 No V Not Applicable
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island �§ pBO conic
Estuary and'Town waters. See LUMP Section Ill Policies; Pages 57 thro 414 evaluation criteria.
❑ Yes ❑ No® Not Applicable
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section l:ll — Policies; Pages
62 through 65 for evaluation criteria.
❑Yes ❑ No® Not Applicable
Attach additional sheets if necessary
Policy 1 '. Promote appropriate use and development of energy and mineral resources.. See LWRP
Section III—Policies; Pages 65 through 68 for evaluation criteria.
❑ Yes ❑ No ® Not Applicable
Created on 512510511:20 AM