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.yt FM:" Suffolk Environmental Consulting, Inc. Newman Village,Main Street,F0. Box 2003.Btidgehampton, New York 11932-2003 (.631) 537-5160 x: (6311537-5198 p z. ' Bruce Anderson,M.S..President ,�✓/ / L.�-� Via Facsimile an(egular Mailing �P May 1,2003 Lydia A. Tortora,Chairwoman Board of Appeals c/o Southold Town Hall P.O. Box 1179 Southold,NY 11971-0959 Re: TASSONE Zoning Board of Appeals (App.N . 5272) Situate: 590 North View Drive; Orient,NY SCTM#: 1000-013-01-005.1 Dear Chairperson, As you know,this Firm represents Ms. Tassone,owner of the above referenced property-, who is seeking approval from your Department for improvements thereon. This application was currently on schedule to be heard before your Board, however, due to recent circumstances, Ms. Tassone wishes to withdraw subject application without prejudice. Kindly remove this application from the agenda. Should you have any questions concerning this matter,please feel free to contact this office at any time. Thank you in advance for your attention. Sincerely. Pleat. SCOatij Bruce A. Anderson 3/L 482 72 444,1 ideadkatho cc: C. Tassone �� ��� K.McLaughlin,Esq. yn, asP� APPEALS BOARD MEMBERS 4.1 4 <i ®�'� Southold Town Hall �� Ruth D.Oliva,Chairwoman �' ' t 53095 Main Road Gerard P Goehringer 3,F � P O.Box 1179 Lydia A.Tortora :11fUj cmax. � Southold,NY 11971-0959 Vincent Orlando 7.10 Tel.(631)765-1.809 • James Dinizio,Jr. ; -1►'� Fax(631)765-9064 • http://southoldtown.northfork.net OA RD OF APPS ALS TOWN OF S® OLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 8,2004 Appl. Nn. 5419— &C HOLDINGS, Contract Vendee (Edna Doll, Owner) Prope i.Lo VA: 590 North View Drive, Orient; CTM 1000-13-1-5.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 41,907+-sq.ft. described parcel is vacant,with 129.50+- ft. frontage along the north side of North View Drive, 327.89 ft. in depth along the westerly side line, 315.20 feet along the easterly side line, and 137.71 feet along a tie line at the high water mark of Long Island Sound. The distance between the front line and the top of the bluff line (upland area) on the east side is 120.95 feet, and 161.92 feet along the west side. BASIS OF APPLICATION: Building Department's November 7, 2002 Notice of Disapproval, amended August 6, 2003, citing Section 100-239.4A.1 and 100-30A.3, in its denial of a building permit to construct a new dwelling with setbacks: (a) less than 100 feet from the top of the bank or bluff, and (b) less than 50 feet from the front property line. FINDINGS OF FACT • The Zoning Board of Appeals held a public hearing on this application on November 20, 2003, December 18, 2003, and February 26, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: In applicant's August 7, 2003 request, setbacks were proposed for a new single-family dwelling, 32 ft. deep by 65 ft.wide, at approximately 50 feet from the top of the bank and at 43 feet from the front lot line, as shown on the survey of June 26, 2003, revised July 28, 2003 by Hillebrand Land Surveying, P.C. By letter with enclosures submitted November 19, 2003, the applicant's attorney submitted information fora redesign in the plot plan, repositioning the driveway to the east side of the property, adding a retaining wall for the west side and drywells to prevent runoff onto adjacent lands. ADDITIONAL INFORMATION/AMENDED RELIEF: On November 5, 2003, a site evaluation was submitted, based on the 1-1/2 story design proposed by applicant, from the Suffolk County Soil &Water Conservation District, indicating the bluff face appeared stable without evidence of erosion. During the November 20, 2003 hearing, the board requested information to show the conceptual design and layout in this variance application. On November 24, 2003, the Suffolk County Soil &Water Conservation District submitted an additional evaluation regarding a concern for the large volume of fill, and recommending that the large volume of fill should be compacted in 6" lifts to eliminate future settling, .• . • . . . . . Lt. . . . _ • - , : f , . . .: • - . • • . . . . ' • . . • - - . • • • ! . • , Page Z—April 8,2004 • .! • - . . . . . .— . •- •Appt.No.5419—J&C Holdings . . .. . . - • - • • - • CTM 1000-13-1-5.I • • - . .: • •• , - - • ., . . - ' . . . . . • . . - . . ' . - .- - . . . . . . . . . . • . - -• . . . . - • . . e... • • . - , • .. . . . . . . - . . . 11 • - • ' • It •.. • . ... .• . . . ..• - • • • • . . . l• • • • • •• • . . • • • • • r •• • . . .• . . • ' . . . . • • . • : . . . . . . • • • • ' . . • „ . , . • • . . . _ • • . • .,.. ., with vegetation of all bare soil to be done Iminediately with.a quick germinating grass Seed mii or a -fast-':*.••::•, growing ground cover. . . , . . . . . . . .- • . . •- 1 • • - .. . . . . . . ,.• . ...• . . :.-.. On December 11, 2003 theapplicant submitted a conceptual plan confining.1,681 sq.IL'living area On'the' : .•• : i : . „ . first floor, with 1,188 sq.ft. living area on the second floor, and 360 sq. ft.for a garage. ... .. . , . ... . . , - . . . . . . ., . . .• • .DUring the Dicerri. beir 18, 2003'pUblio hearings.disCirisions continued, and theapplicant's engineer Clarified.•te. ':.' ...., • . applicanrs intentions to move up to 10 ft. depth of fill from the existing grade at south side of the house for the -• final re-grading of the remaining yard areas, increasing the ground elevation from 74 feet to 79 feet; adding a .. ; four ft. high retaining wall at the north/westerly yard area, and adding fin at the east side of the house to 90 ft. ' • • •• .. • . . elevation above mean sea level, at its highest contour. The applicant also confirmed that the front of the house -• . : would result in a lower grade, after removal of soil from the front to the back yard. • . .... . . • . . .. .. . . .. .. ... . • . • .. , .. .• . , . . . " • f . On February 5, 2004; the-applicant submitted a rev. ised 1/27/04 plan with updated engineer caldtilatioris far- - '• . : • drainage. Other details were confirmed, stating that the retaining wail will be built in a standard crib layout and -• - .; at a height at 3 feet, rather than 4 feet, that the garage was relocated under the first floor of the house on the : • ; •'west side, precluding the 6 ft. wall setback that was in the previous plan (dated 12/29/03); that the height of the • : proposed house was revised to a maximum 30'4 feet to the top of the ridge from the finished grade. , - . . . •• - - . . . . :ltrconsidering the 1/27/04 revised plan, Board Members determined that a id ft.-reduOtiOn•On the.eitt Side of . •• the house to a length of 49 feet (instead of 59 feet or 62 feet) will increase the setback from the 6Iuff and . -provides a'minimum that the Board will allow. ?! , -• - . . .. ... , • • . - • . . . .• • . .. • • • . . _EA801\1S FOR BOARD ACTION: • ; . - • . . . . . • . • . . , . . . . - . ... In accordance With the-review standards set forth in the Town Law'267-63 area variances , the board has . :considered the benefit to the applicant if the variance is granted, as weighed against the detriment to the . : health, safety and welfare to the neighborhood and community by such grant, and hereby denies the variances • • ' • . • as applied for,with grant of alternative relief, and determining that . . . . . .. • . , . ... . ...• . •. . . . . . . 1: .A) Grant df alternative relief will not produce'an undesirable-change in the'character 4 the neighborhood dr . - t . a detriment to nearby properties. The applicant redesigned the dwelling with 1-112 stories, lowering the height .. • . - from finished grade to the top of the ridge to 30'4" maximum. The garage was moved to the west side, under the first floor of the dwelling. The retaining wall was lowered to a maximum of three (3) feet. The alternative 'granted by the Board will lessen the degree of the requested nonconforming setbacks and will redUce the • •visual impact to nearby properties. The property will contain drywells and must be properly re-graded to •• : .• contain water, preventing runoff, and mitigating poor-drainage conditions of the soils. . . .. ... . . . . . . . . . . • .. . . .. : . . . •(B) . Grant of-the altematiVe• relief iill not produce 1 an Undesirable change *in the 'charaCter ;'ot the. .. :. . . neighborhood or a detriment to nearby properties. The new construction will be similar to setbacks established . . - - for dwellings existing in the immediate area of this sound-front community. The dwelling to the west is at least .. - 7100 feet from the applicant's proposed dwelling; the dwelling to the east is at least 75 feet from the applicant's • '.' ' •• proposed dwelling. The two adjacent dwellings are situated further from the street than the proposed.dWelling. • • • • . . ••. • • - - • . - -• - . -. .. • - .. • • , . . .. . . . . . . - - - • - ' • • . • . . . • . . . . . . . . . . , - • . • . 1 f il o ' •. Page-32461 8,2004 AppL No.5419—J&C Holdings ' C111 1000-13-1-5.1 • • The applicant is proposing a 1-1/2 story,design with garage underneath, and must provide erosion control to properly retain water into drywells at the landward side of the dwelling. 2. The benefit sought cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance. A dwelling could not be placed without area variances in any location with the current code restriction for a 100 ft. setback from the top of the bluff and 50 ft. setback from the front(street)lot line. 3. The alternative granted herein is substantial,resulting in a 45% reduction for a 55 ft. bluff setback instead of the Code's minimum of 100 feet, and 16% reduction of the code's minimum 50 ft.setback 42 feet from the front property line,at its closest points. 4. The difficulty was self-created. Although the upland area of the lot is limited for building purposes, the code setback requirements have been in effect for many years. 5. The alternative relief will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. The setbacks from the bluff will be increased from the requested 50 feet to 55;feet on the east side. The applicant ensures extensive landscaping with maintenance of bluff vegetation after construction,as well as erosion and sedimentation control during construction activities. • 6. Grant of the alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a dwelling, while preserving and protecting the character of the neighborhood and the ' health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Chairwoman Oliva, and duly carried,to DENY the variance as applied for, and to GRANT Alternative Relief,with the following modifications and conditions: 1. That the dwelling be reduced in length to 49 feet, increasing the setback to at least 55 feet from the top of the bluff on the east side at its closest point, at least 70 feet from the opposite (westerly corner)of the dwelling to the top of the bluff, and centering the proposed dwelling with 37+-ft. side yard setbacks. 2. That the setback from the front lot line be a minimum of 42 feet. I 3. That the applicant and future owners follow the recommendations given by the Suffolk County Soil and Water Conservation District dated May 9,2003. 4. That vegetation be maximized along the westerly yard area, adjacent and along the length of the proposed retaining wall. 5. That no yard or other debris be placed on the bluff face or adjacent areas. 6. The Board reserves the right to inspect all phases of construction and enhance plantings for erosion prevention on site and to prevent water runoff prior to issuance of a C.O. • • • ' Page-4' April 8,2004 - - • .•Appl.No.5419—J&C Holdings . . • . CTM 1000-13-1-5.1 • . ' . • • • • . . - . .7. This review is to be coordinated with engineer and with Building Department priorto issuance of a - C.O. - ,.'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, Tortora,•Orlando , and 'DIM-A°. -This• -. .. • Resolution was duly adopted (5-0). •` • • RUTH D. OLIVA, CHAIRWOMAN • - Approved - - for Filing 4-12-04 , �''Sc • APPS S BOARD MEMBERS ,� �A - ` i" O O Southold Town Hall Ruth D. Oliva,Chairwoman -.1'4 53095 Main'Road Gerard P.-Goehringer - ' y P.O. Box 1179 Lydia A.Tortora v- p Southold,NY 111971-0959 Vincent Orlando T' !it° Tel. (631) 7,65-1809 James Dinizio,Jr. �►� i' - Fax(631)765-9064 _ a http://southoldtown.northfork.net / cY BOARD OF APPEALS TOWN OF SOUTHOLD 41\\/ 1r)) June 3, 2004 By Regular Mail and Fax Transmission - Mr. John Hurtado c/o Abigail A. Wickham,Esq. Wickham Bressler Gordon&Geasa,P.C. 13015 Main Road,P.O. Box 1424 Mattituck,NY 11952 Re: Appl. No. 5419—CTM 1000-13-1-5.1 rient) Dear Mr. Hurtado and Mrs. Wickham: As a follow-up to Mr. Hurtado's inquiry today, this will confirm that the attached were the recommendations issued by the Suffolk County Soil & Water Conservation District in March and May during 2003 concerning this property, and part of the ZBA review and conditions issued April 8, 2004 by the Board under Appeal No.,5419. Additionally, there were two subsequent letters;which were considered as part of the entire record of November 5, 2003 and November 24, 2003, with similar recommendations. They do not appear to be in conflict, and therefore should be followed. It is suggested that the Suffolk County Soil & Water Conservation District be contacted in the event of any questions regarding the County's letters of evaluation and recommendations for preparation in the fmal planning stages. Copies are attached for your use and reference. Thank you. \ Very truly yours, • OL-az._ Ruth D. Oliva Chairwoman - Ends. cc (w/ends): Town Clerk/Records Management n.1 b +. / ri• Edna ter! Coa e-r • • • 4 F041; eep. 4 '- APPEALS BOARD MEMBERS f' _ L ` Southold Town Hall Ruth D.Oliva,Chairwoman �� 53095 Main Road Gerard P Csoehringer y PO.Box 1179 Lydia A.T'ortora :` ��w Southold,NY 11971-0959 Vincent Orlando •- i.:,,;,..:� �.�,' Tel.(631)765-1809 • James Dinizio,Jr. - � Fax Fax(631)765-9064 • http://southoldtown.northfork.net • OARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 8,2004 Appl. No. 5419—J&C HOLDINGS, Contract Vendee (Edna Doll, Owner) Property Location: 590 North View Drive, Orient; CTM 1000-13-1-5.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 41,907+-sq.ft. described parcel is vacant,with 129.50+- ft. frontage along the north side of North View Drive, 327.89 ft. in depth along the westerly side line, 315.20 feet along the easterly side line, and 137.71 feet along a tie line at the high water mark of Long Island Sound. The distance between the front line and the top of the bluff line (upland area) on the east side is 120.95 feet, and 161.92 feet along the west side. BASIS OF APPLICATION: Building Department's November 7, 2002 Notice of Disapproval, amended August 6, 2003, citing Section 100-239.4A.1 and 100-30A.3, in its denial of a building permit to construct a new dwelling with setbacks: (a) less than 100 feet from the top of the bank or bluff, and (b) less than 50 feet from the front property line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 20, 2003, December 18, 2003, and February 26, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Boar'ci finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: In applicant's August 7, 2003 request, setbacks were proposed for a new single-family dwelling, 32 ft. deep by 65 ft.wide, at approximately 50 feet from the top of the bank and at 43 feet from the front lot line, as shown on the survey of June 26, 2003, revised July 28, 2003 by,!Hillebrand Land Surveying, P.C. By letter with enclosures submitted November 19, 2003, the applicant's attorney submitted information fore redesign in the plot plan, repositioning the driveway to the east side of the property, adding a retaining wall for the west side and drywells to prevent runoff onto adjacent lands. ADDITIONAL INFORMATION/AMENDED RELIEF: On November 5, 2003, a site evaluation was submitted, based on the 1-1/2 story design proposed by applicant, from the Suffolk County Soil &Water Conservation District, indicating the bluff face appeared stable -without evidence of erosion. During the November 20, 2003 hearing, the board requested information to show - the conceptual design and layout in this variance application. On November 24, 2003, the Suffolk County Soil & Water Conservation District submitted an additional evaluation regarding a concern for the largelvolume of fill, and recommending that the large volume of fill should be compacted in 6" lifts to eliminate future settling, 1� Paget—April 8,2004 . j Appt.No.5413—J&C Holdings CTM 1000-13-1-5.I • - • with vegetation of all bare soil to be done immediately with a quick germinatinggrass growing,ground cover. seed mix'or a fast- On December 91, 2003 the applicant submitted a conceptual plan confining 1,681 s first floor, with 1,188 sq. ft. living area on the,second floor, and 360 sq. ft.for a garage. q"ft. living area on (h� .. - g During the December 18, 2003-public hearing, disailssions continued, and the applicant's engineer clarified the applicant's intentions to move up to 10 ft. depth of fill from the existing grade at south side of the house for final re-grading of the remaining yard areas, increasing the ground elevation from 74 feet to 79 feet, adding ha four ft high retaining wall at the northwesterly yard area, and adding fill at the east side of the house to 9ft. elevation above mean sea level, at its highest contour. applicantThe � ' would result in a lower grade, after removal of soil from the front oo talso ed that the front of the house On February 5, 2004, the applicant submitted-a revised 1/27/04 plan with updated engineer calculations - . drainage. Other details were confirmed, stating that the retaining ��ret ons for . at a height at 3 feet, rather than 4 feet, that the garage was relocated underithe first flooin a r of the crib the • west side, precluding the 6 ft. wall setback that was in the previous plan (dated 12129/03); that the height of the . proposed house was revised to a maximum 30'4"feet to the top of the ridge from the finished grade. • In considering the 1/27/04 revised plan, Board Members determined that a 10 ft.reduction on the east side of . , the house to a length of 49 feet (instead of 59 feet or 62 feet) will increase the setback from the bluff a - . provides a minimum that the Board will allow. nd REASONS FOR BOARD ACTION: - . In accordance with the review standards set forth in the Town Law 267-b3 "area variants" , considered the benefit to the applicant if the variance is granted, as weighed against thedetriment board the health, safety and welfare to the neighborhood and community by such grant, and hereby denies the v '' as applied for, with grant of alternative relief, and' determining that: aria`Ems • 1. A) Grant of alternative relief will not produce an undesirable-change in the-character 6f the neighborhood ' • a detriment to nearby properties. The applicant redesigned the dwellingwith 1-1/2 stories, igg the,height or from finished grade to the top of the ridge to 30'4" maximum. The garae was moved to lowering the the first floor of the dwelling. The retaining wail was lowered to a maximum of three (3) feet.e wThe est salternative granted by the Board will lessen the degree of the requested nonconforming setbacks and will reduce the visual impact to nearby properties. The property will contain d contain water, preventing runoff, and mitt atin rywells and must be properly re-graded •to 9 g p©or-drainage conditions of the soils. • ' (B) Grant of the alternative relief will not produce an undesirable change in • . neighborhood or a detriment to nearbyeg the character of the ' for dwellings existing in the immediatarea ofthissound-fronew nt community.willbe dwellinto g tsetbackswesthisalJtished .100 feet from the applicant's proposed dwelling, the dwelling to the east is at least 75 feet from theapplicant's . proposed dwelling. The two adjacent dwellings are situated further from the street than the at least proposed.dwielEing. V • • Page 3—April 8,2004 Appl.No.5419—J&C Holdings • CTM 1000-13-1-5.1 • The applicant is proposing a 1-1/2 story design with garage underneath, and must provide erosion control to properly retain water into drywells at the landward side of the dwelling. 2. The benefit sought cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance. A dwelling could not be placed without area variances in any location with the current code restriction for a 100 ft. setback from the top of the bluff and 50 ft. setback from the front(street)lot line. 3. The alternative granted herein is substantial, resulting in a 45% reduction for a 55 ft. bluff setback instead of the Code's minimum of 100 feet, and 16% reduction of the code's minimum 50 ft.setback 42 feet from the front property line, at its closest points. 4. The difficulty was self-created. Although the upland area of the lot is limited for building purposes, the code setback requirements have been in effect for many years. 5. The alternative relief will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood: The setbacks from the bluff will be increased from the requested 50 feet to 55 feet on the east side. The applicant ensures extensive landscaping with maintenance of bluff vegetation after construction, as well as,erosion and sedimentation control during construction activities. 6. Grant of the alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a dwelling, 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 factorsandapplying the balancing,test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by ChairwomaW;Oliva, and duly carried,to DENY the variance as applied for,and to GRANT Alternative Relief,with the following modifications and conditions: 1. That the dwelling be reduced in length to 49 feet, increasing the setback to at least 55 feet from the top of the bluff on the east side at its closest point, at least 70 feet from the opposite (westerly corner)of the dwelling to the top of the bluff, and centering the proposed dwelling with 37+-ft. side yard setbacks. 2. That the setback from the front lot line be a minimum of 42 feet. 3. That the applicant and future owners follow the recommendations given by the Suffolk County Soil and Water Conservation District dated May 9, 2003. 4. That vegetation be maximized along the westerly yard area, adjacent and along the length of the proposed retaining wall. 5. That no yard or other debris be placed on the bluff face or adjacent areas. 6. The Board reserves the right to inspect all phases of construction and enhance plantings for erosion prevention on site and to prevent water runoff prior to issuance of a C.O. Page 4—April 8,2004 AppI.No.5419—J&C Holdings CTM 100043-1-5.1 • 7. This review is to be coordinated with engineer and with Building Department prior to issuance of a ' C.O. 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 (Chailwoman), Goehringer, Tortora, Orlando, and Dinizio. This Resolution was duly adopted (5-0). / RUTH D. OLIVA, CHARWOMAN Approved for Filing 4-12-04 6 v vvvam a.a. No= s7 ,e r VJ1it P 410103 P? }; r ,UV' race. /.1)b ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE SOIL AND WATER Thomas J. McMahon CONSERVATION DISTRICT DISTRICT MANAGER FAB: (631)727-3160 (631)727-2315 Lydia A. Tortora,Chairwoman Southold Town Board of Appeals MA- 15W-c) . ) P.O. Box 1179, 53095 Main Road MAR1 1b j Southold,New York 11971-0959 March 12,2003 Dear Ms.Tortora: As you have requested,I have made a site inspection on March 12,2003 at 590 North View Drive in Orient. This parcel is known as the Tassone/Doll Variance Request. While I was able to review the slopes of the lot where it had been cleared for the house,I was not able to see the Bluff Face or the Toe of the Bluff from the subject parcel.Along the bluff edge it was heavily vegetated with briars and other materials that inhibited my access to the bluff. The neighboring property to the west gave me access to the bluff top edge,where a deer path runs right along it.I was able to see that the face is as heavily vegetated as it is above the bluff and briar continues down the bluff face.I was still not able to make out the toe of the slope from above and saw no access down to the bottom.It was apparent that the topographic lines shown on the survey are somewhat accurate.A bank does run along the bluff top edge barring any surface water from flowing over the bluff face on the subject parcel. However, slopes on the parcel to the west are channeled directly over the bluff face. Along North View Drive the parcel boundary has a small berm keeping road runoff from entering the lot. It appears that towards the western side of the lot,road runoff may have the opportunity to enter it. Since the ground is still covered in snow,that may be false. However,if a driveway access to the parcel was put in,then care should be taken so as not to allow any road runoff from entering the parcel.The proposed driveway location will likely increase surface water runoff entering the neighboring lot and 423 GRIFFING AVENUE . SUITE 110 . RIVERHEAD, NY 11901 increase the existing ) bluff' sion. , , • the enclosed low spot shown on the topographic o p shown. Water will and ' P in that area until it overflows onto the neighbor'sP graphic suthey exists as e erosion.Any structure placed on the lot will contribute lot,and may one hundred then caused depression and the neighboringpercent runoff to the enclosed lot,therefore, the roof downspouts runoff should be collected P and contained in diywells. by gutters and The slope of the lot where the house is proposed is very steep. We recommend that an Erosion and S p The survey does not show a Sediment Control Plan be grading plan. problems that may arise from cons prepared and implemented to c construction activities.Bear in mind tu�arl any the bluff edge(only 39' that with the shortened distance compared to the re Lance from then the house couldquired minimum of 100'), and if the bluff is actively be endangered from merely one or two storm without hazard. T eroding, This would be dependent on whether the toe of rm events or may stand for m' from the too the bluff is actively eroding. years topographic survey only,high tide does appearnot g Judging conn tide event would certainly to reach the toe of the bluf,f reach it.As the toe is undermined, however,a thereby causing the bluff top the bluff face tends to slough off to erode and the set back of the house would be reduced. of average erosion rates have been attempted in the Past,it a While estimates sitees depending on many variables. One DIY ranges drastically past stud took the average recession of Y from site to annually,however Y g ,that could range upto the bluff to be about two feet has beenable to er,accurately g as much as twenty feet or predict more in one storm event. No one this rate of erosion,nor has the erosion been able to slowed down with the use of hardening structures,suchbe stopped, only now no longer recommended due to severe loss of beach Bulkheads,Rip Rap,Gabions,etc., ook fornlfronts as longwhich are placing the house on this parcel is dim, shore drift occurs. to move the house erosion does cause and only may be a short lived The outlher e the bluff top Proposition. There is nowhere p to erode back. If you have any further questions feel eel free to contact us again. " Sincerely, iii.:. Paul TeNyenhuis, Senior Soil District Technician ,; i • s- r ' _ .' EROSI < V CONTROL I RECEIVED 0 APR 2 8 2003SITE PLA N ZONING BOARD OF APPEALS Is �-AN � SOVN � LONG 13638' _ HAY BALE BEACH (NTS) -- ----- - --- IS il'il 'iOiNili • TOE OF BLUFF .. .....0 !. MO.... Zo �� �� ....... - •........�r r"� r 25nt `�il,� i�'lu�u1l��� �1 it-19 llll 1�e ��s �" -- 11110� I � ESIll Il_ _._. ._ - - tt _ , i _ _. — — Sr3s I11 lii 11 it i��:ill 1� 1 — _ = .*° I -- — -- — — yrs t 1, �_ — _ _ _. _. So Stake - - - -- — - - __ _ Sf `- — _ 40 _,__ _ __. __ [S r+ ____ __. .._ —_-�. 7o TOP OF BLUFF 74 \ t f -�, 78 So 82 84. . 1111i 1 \-- OASTAL ERO tOI�HAZ RD LIN���. l-9° Hay Bale ---_i= I !!1 1 1 I.111 111- NATURAL DRAINAGE AREA '' I O REMAIN fit 96 i, lc. PORCH ! I g8 LINE,OF HAYBALES — •ED / / I / is liV / CI D f i I ( ;JT::: 01 ' \**PA 4 ) ' d2 `� 12�.Ob1 92 g�. 96 1 o8f 86 8. 9a ��� p R LLQ,,, i ; ,t7 FST H COURSE 4 ('�; a m $ O PROPOSED CI LIUwi4 .Z z EL/y o x Li N ,N " w• ED UPON SURVEY PREPARED BY PECONIC •SURVEYORS.LAST DATED JULY 5, 2002 ' l — r - -.: "2 �L P LA • �- 'iii as.'A 'Drainage Calculations. - I' • ��U k NI Dwellin , t Divelling,Footprint =1303 square feet ;„ , ' ,, k Rear Porch F ':,,r-: ',r�"kA ootprint,=340 squarefeet ,Ya Front Porch Footprint.7501 square feet' • ; l',...-:..'; rp'�',''' - Total =2144 square€eet ry ' Design standard: 2"(0.166')rainfall • ' :I ' 1 •.• !' ';•,-4, ' 2144 x 0 166=357.33 cubic feet- - • I, �':�.'-,e,`' . ', t �+ Drywell capacity (8'x 4'cylindrical leaching pool)=200,95 cubic feet ' .''r; to ' AY BALE DETAIL Use two 4'x 8'leaching pools '° (NTS) Driveway: Gravel Parking Area: 1780 square feet ' ' • • '_pr1u. Design standard: 1"(0 08')rainfall , ' r; l `d f J ``l�C ""�'Q ...,wgym i i yrSUFFOLK r _\:,,-7cfcr ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE SOIL AND WATER CONSERVATION DISTRICT _ F' : (631)727-3160 Tho s'IC McMahon DISTRICT MANAGER (631)727-2315 Lydia A. Tortora, Chairwoman REC_E1 Southold Town Board of Appeals P.O. Box 1179, 53095 Main Road Southold, New York 11971-0959 MAY — 2003 May 5, 2003 ZONING BOARD OF APPEALS Dear Ms. Tortora: We received the Erosion and Sediment Control Tassone property on April 28 Plan regarding to 2003 from Suffolk Environmental Consulting Inc. The following �is a review of thatlan for. your _ consideration. P � Measurementsshownon the Erosion and Sediment Control `Plan' ) now have the setback fromthe bluff ed eenfeet Plan . • further away.. (the This is better from an erosion standpoint, (10' ) , believe the measurements should actually be_ taken to of the bluff edge, P however I . forty-seven g , not on an angle as shown. My measthe nearestrpoint y-seven feet (47' ) for' the Porch and fifty-threeufetnts are the Dwelling taken from the `Plan' . (53' ) for A Stabilized Construction Entrance should be installed from being tracked onto the roadwa to' keep soils itself, if installed first, could actasStabilizedaps i driveway Entrance. Construction Using a hay bale/ silt fence combination to keep leaving the building site is good plannin However sedimentsha l on the `Plan' is not the g• the detail shown n musthbe proper way to install the hay It ucan't placed dug trench so that sediments and bsurface ale r1er. drawing ath he bales. Enclosed is an engineering r showing the proper method of installation. It must be kept in mind that this is a temporary by no longer than three months. There rsite must thenbeand theles needto bed moved' seeded immediately after removal, filled and 423 GRIFFING AVENUE SUITE 110 RIVERHEAD r NY 11901 1 i I The `Plan' shows no mention of temporary. seeding during construction. Any bare ground that will remain bare and undisturbed three days or longer should be seeded to a temporary mixture of annual and perennial ryegrasses to protect the slopes from erosion. Placement of Drywells for the Roof Runoff is very good. Drywells for a two indh (2") rainfall event is below that 1ofna: onethe (1) year frequency event which is actually two point seven (2. 7") inches of rain. The USDA recommends a ten (10) year frequency event which is a five (5") rainfall for a .minimum design standard. I,, don't know if the Town has a minimum requirement. The Drywell design is the same size for the Driveway runoff rated at a one-inch (1") rainfall event. While the Drywell can contain all the runoff for that 1" rainfall, it is even further below ,the USDA minimum recommendation. Stabilization below the Deck is an excellent practice. This will greatly reduce the impact of rainfall b If you have any further questions please protecting the soil surface. again. feel free to contact us Sincerely, Paul TeNyenhuis, Senior Soil District Technician cc: Bruce Anderson, M.S. , President RECEIVED MAY - 8 2003 ZONING BOAR® OF APPEALS_ • it ' • rev € Figure 5A.8 �� ® Straw Bale Dike Details MAY - 8. 2003 r ‘ -ZONING HOARD OF APPEALS p_. ^ FLOW \i/ -YIN" ' . , I ------4' VERTICAL N FACE 4 BED62IV3 OETAIL DRAINAGE AREA NO MORE THAN 1/4 AC. PER 100 FEET OFSTRAW BALE DIKE FOR SLOPES LESS THAN 25% ANGLE FIRST STAKE TOWARD .lio PREVIOUSLY LAID BALE ) .17 -N, -r-/- 1040 , FLOW --1-21-0110,404°1 ' 0 ,.,,,'.,v"„ro �� ri s / I ti�S�`�IG 1 I_--"; [ ray PFCERVED Figure 5A 9 - MAY - Silt Fence Details 2003 Ci1PIIY tH Txrr,r =P APPEALS WOVEN WIRE FENCE (MIN_ 14 1/2 GAUGE 10' MqX C T `` MAX' 6` 4E58SPACiNGI D C. -� - 3E' MIN. FENCE POSTS, •�'1■� � DRIVEN NTN- 16' INTO Welale �■■■■.■� i GROUND 8�MIJ�� �OMILIMIN�N � ge moi f { f °® �a _ ` ea eta zv OJ .i. NI., y, ofi� 4 / I PERSPECTIVE VIEW I 36' MIN. FENCE POS WOVEN WIRE FENCE (MIN. 11 1/2 GAUGE _ -�- ( MAX. 6' MESH SPACING) YI7H FILTER CLOTH OVEF UNDISTURBED GROUND /' i FLy D _ 20' MIN. COMPACTED SOIL !� EMBED FILTER CLOTH �/ 16.• MIN. MIN. 6' INTO GROUND l 1 11. SECTSO)V CONSTRUCTION NOTES FOR FABRICATED SILT FENCE 1. WOVEN WIRE FENCE TO BE FASTENED SECURELY TO FENCE POSTS POSTS STEEL EITHER ' Wm WIRE TIES OR STAPLES. T' OR 'U' 2- FILTER CLOTH TO BE TO BE FASTENED SECUR TYPE DR 2' HARDWODC FENCE WITH TIES SPACED EVERY 24' ELY TO WOVEN VIAE AT TOP AND MID SECTION_ FENCE: WOVEN VIRE• 14 1/2 GA. 3. WHEN TWO SECTIONS OF FILTER CLOTH ADJOIN EACH OTHER °• MTX MESH OPENING THEY SHALL BE OVERLAPPED BY SIX INCHES AND FOLDED- FILTER CLOTH: FILTER X. 1. MAINTENANCE SHALL BE PERFMIRAFI 100X• STABILINKA ORNED AS NEEDED AND MATERIAL +140N OR APPROVED OFAB, EQUAL. REMOVED WHEN 'BULGES' DEVELOP IN THE SILT FENCE PREFABRICATED UNIT: SEDFAB ENYIRDFENCE._CR APPROVED EQUAL. U.S. DEPARTMENT OF AGRICULTURE .NATURAL RESOURCES CONSERVATION SERVICE STANDARD SYMBOL SYRACUSE. NEW YORK ( New York Guidelines for Urban Erbsion•and Sediment Control Page 5A.20 April 1997-Fourth Printing COUNTY OF SUFFOLK \.„ v\o, 0 , Oil ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE SOIL AND WATER CONSERVATION DISTRICT Thomas J. McMahon FAX: (631)727-3160 DISTRICT MANAGER (631)1727-2315 L003 November 24,2003 Ruth Oliva Southold Town Board of Appeals 53095 Main Road P.O.Box 1179 Southold,NY 11971-0959 RE: ZBA File No.5419: J&C Holdings/Doll Dear Ms. Oliva: No limitations were found regarding the construction of a 1 Y2-story dwelling upon review of an additional survey plan dated July 28,2003 for the above subject parcel. The main item of concern is the large volume of fill required in order to attain the proposed grades in the rear yard. The most effective method to stabilize this fill is to compact it in 6"lifts. This will help to eliminate future settling. To further stabilize the site all bare soil should be vegetated immediately with a quick germinating grass seed mix or a fast growing groundcover. Currently,the topography is sloping from the east/southeast to the northwest into a small depression. A portion of the runoff is bypassing the depression on the west and flowing onto the western neighboring property where it flows over the bluff edge. The majority of the northern most portion of the bluff is sloping inland away from the edge until the retaining wall is reached. The proposed construction will not increase the surface water flow over the edge of the bluff. In fact,surface water flow will be reduced by construction of the retaining wall. All runoff inland of the retaining wall is to be graded towards and discharged into any one of the four drywells. Runoff on the bluff side of the retaining wall will,for the most part,follow its pre-construction path. In conclusion,construction of a 1 %2-story dwelling will not increase erosion of the bluff. Should you have any questions regarding this matter,don't hesitate to contact this office. Best regards, Nicole- Spinelli Soil District Technician Cooperative Extension Building 423 Griffing Avenue, Suite 110. RIVERHEAD, NY 11901 COUNTY OF SUFFOLK , 11/10,/o ,: f°� 4 2003 pl A,n-; F 4M)9 fir()3 _L Cr, ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE 1v SOIL AND WATER Thomas J: McMahon CONSERVATION DISTRICT DISTRICT MANAGER FAX: (631)727-3160 (6310727-2315 November 5,2003 Jessica Boger Southold Town Board of Appeals 53095 Main Road P.O.Box 1179 Southold,NY 11971-0959 _ RE: ZBA File No. 54 : J&C Holdings/Doll Dear Ms.Boger: As per your request,a site investigation was conducted on November 5,2003 at 590 North View Drive in Orient. This site is the location for the proposed new construction of a 1-1/2 story dwelling. No limitations where found. The entire parcel is extremely over-grown,except for the excavated area. The dense vegetation made it difficult to fully survey the site. However,it was possible to access the bluff by way of a neighboring property. The bluff face itself appears to be stabile with no evidence of erosion. The bluff is completely vegetated, consisting mainly of weeds, grasses,some shrubs and small trees. It is recommended to leave the bluff as is with existing vegetation in:tact. It was not possible to view the bluff toe through the dense vegetation. A quick inventory of the site revealed the following aggressive weeds:privet,bittersweet and pokeweed. It is inferred from the supplied drawing that the subject property will be filled,where the ground slopes down to the northwest,and brought to level grade. The land should be graded so that all surface water runoff flows away from the bluff edge. During construction surface water must also be prevented from flowing over the bluff edge. This maybe accomplished as shown(on the supplied drawing)with properly installed silt fences. All bare soil should lie stabilized as soon possible, in order to minimize erosion. This can be done with vegetation, mulch or geotextile materials. Vegetation is optimal; either a grass seed mix or native vegetation may be utilized. It is evident on the supplied drawing that four dry wells will be installed and the roof and driveway runoff discharged into them. This must be done in order to minimize excess surface water runoff. Overall the subject parcel will meet its intended use for the new construction of a 1-1/2 story dwelling. Should you require further assistance in this matter,don't hesitate to contact this office. Best regards, Nicole Spinelli,Soil D' 'ct Technician Cooperative Extension Building 423 Griffing Avenue, Suite 110. RIVERHEAD, NY 11901 I, p• ' i(12.-jL) - 'COUNTY OF SUFFOLK 3I, G' / '`� `03 f l�` ra.3,41)“,t, ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE SOIL AND WATER Thomas J. McMahon CONSERVATION DISTRICT DISTRICT MANAGER FAX: (631)727-3160 (631)727-2315 Lydia A. Tortora,Chairwoman Southold Town Board of Appeals MA- 6 J P.O.Box 1179, 53095 Main Road MARi Ib 3 Southold,New York 11971-0959 March 12,2003 Dear Ms. Tortora: As you have requested,I have made a site inspection on March 12,2003 at 590 North View Drive in Orient. This parcel is known as the Tassone/Doll Variance Request. While I was able to review the slopes of the lot where it had been cleared for the house,I was riot able to- see osee the Bluff Face or the Toe of the Bluff from the subject parcel.Along the bluff edge it was heavily vegetated with briars and other materials that inhibited my access to the bluff. The neighboring property to the west gave me access to the bluff top edge,where a deer path runs right along it. I was able to see that the face is as heavily vegetated as,it is above the bluff and briar continues down the bluff face. I was still not able to make out the toe of the slope from above and saw no access down to the bottom.It was apparent that the topographic lines shown on the survey are somewhat accurate.A bank does run along the bluff top edge barring any surface water from flowing over the bluff face on the subject parcel. However, slopes on the parcel to the west are channeled directly over the bluff face. - Along North View Drive the parcel boundary has a small berm keeping road runoff from entering the lot. It appears that towards the western side of the lot,road runoff may have the opportunity to enter it. Since the ground is still covered in snow,that may be false.However,if a driveway access to the parcel was put in,then care should be taken so as not to allow any road runoff from entering the parcel. The proposed driveway location will likely increase surface water runoff entering the neighboring lot and 423 GRIFFING AVENUE . SUITE 110 . RIVERHEAD, NY 11901 • increase the existing bluff erosion. the enclosed low spot shown on th. LUpographic survey exists as shown. Water will pond in that area until it overflows onto the neighbor's lot,and may then cause erosion. Any structure placed on the lot will contribute one hundred percent runoff to the enclosed depression and the neighboring lot,therefore,the roof runoff should be collected by gutters and downspouts and contained in drywells. The slope of the lot where the house is proposed is very steep. The survey does not show a grading plan. We recommend that an Erosion and Sediment Control Plan be prepared and implemented to curtail any problems that may arise from construction activities.Bear in mind that with the shortened distance from the bluff edge(only 39' compared to the required minimum of 100'), and if the bluff is actively eroding, then the house could be endangered from merely one or two storm-events or may stand for many years without hazard. This would be dependent on whether the toe of the bluff is actively eroding. Judging from the topographic survey only,high tide does not appear to reach the toe of the bluff,however,a storm tide event would certainly reach it.As the toe is undermined,the bluff face tends to slough off thereby causing the bluff top to erode and the set back of the house would be reduced.While estimates of average erosion rates have been attempted in the past, it actually ranges drastically from site to site depending on many variables. One past study took the average recession of the bluff to be about two feet annually,however,that could range up to as much as twenty feet or more in one storm event.No one has been able to accurately predict this rate of erosion,nor has the erosion been able to be stopped, only slowed down with the use of hardening structures, such as;Bulkheads,Rip Rap,Gabions,etc.,which are now no longer recommended due to severe loss of beach fronts as long shore drift occurs. The outlook for placing the house on this parcel is dim,and only may be a short lived proposition. There is nowhere to move the house to if erosion does cause the bluff top to erode back. If you have any further questions please feel free to contact us again. Sincerely, idetii - Paul TeNyenhuis, Senior Soil District Technician II - EROSI < ,J CONTROL F RECEIVED & 0 APR 2 8 2003 SITE P 1_A N ZONING BOARD OF APPEALS ISL—�`N � SOVN � 1 �'p IV G 136.18' ,� HAY BALE BEA°H (NTS) TOE OF BLUFFr 1 — , �- —.— -z.5 _ I lslans lu PC — -- --- '° ilcii I it — W @ uInni IilE n� Igilk lal I _ _ -- 4.5" t r ----- _ _ _ — _ _ S° Stake. -- -- - - - - — 5 s - — — —� —. 4o LS TOP OF BLUFF 1 1 ......„-,:z ~' �-- ---- 7Z. 74 1 ` — f -1-. 78 BO 8 Z 8+ :IIII �W: \ \ OASTAL ER• 40WHAZ RD LINIQ° Hay Bale _:*--,-,..,r • 70I I 1 + 1 9Z 1.11111111 9f NATURAL 0 RAINAGE REMAIN AREA / ' -"lit iia...9f ot, 65 96 1 PORCH r.- i 1 99 LINE OF HAYBALES ______-- -- /1/1/ / pROPOSED DWELLING 78 ilk\ .q....,,, ...., I ( ' 1 GRAVEL DRIVEWAY SI\ / / pORCH I /, 1 , I PROPOSED CURB a \ Aye '• ( 1i ' ,...i. 4 I 98 I ;; 1a. \' '� 12.9.00% 92 94, 96 `/ ' 2 y a ` 82 Q Ft- 1 �I o 8f 8b 8. 96 , W L!F' cab• 1 1 4 .-r N v 5. COURSE Cr.'w m $ N 0� PROPOSED CI fx. lig •� '`= Z N "-o N '''---.t...._ ED UPON SURVEY PREPARED BY PECONIC .SURVEYORS,LAST DATED JULY 5, 2002 -t_ __ 46oh caswuul. J 11 a , , ,..;',,'':„..„.5.2:5„:.',:,,i,.7-,.. .-41,-" <. ":; 'gig: i o L —,--------,• - • �,= -.,. ., PLAN4,. . • ri' i •ls,,,,•-, ' �siF h , ,'Drainage Calculations , - , Dwelling.. Dwelling,Footprint =1303-square feet-+ i• �' -,f_4; ' .� Rear Porch Footprint -•34d square feet- --`,,,i':'-.;:•,'"::7,1' ` ;fir Front Porch "' r� Footprint=501 square feet ' ''.- •''�'' " • Total _ �� • '�"�G 2144 square feet }` � Ail, • Design standard: 2"(0.166')rainfall ' ' ,, `,'t "+r, r, i'V .�;i �i'� 2144 x 0.166=357.33 cubic feet ` Drywell capacity (8'x 4'cylindrical leaching pool)=200.95 cubic feet +i'°- AY BALE DETAIL Use two 4'x 8'leaching pools Y• �t { (NTS) av: Gravel , , - 1 Driveway: Parking Area: 1780 square feet �- � 1A'1 • Design standard: 1"(0.08')rainfall . , • y I. 1 1780 x 0.08=148.33 cubic feet - ' Vik•,F � ' m ? : . 'I. i Snow Fence r• ,?::;:1,, Use one 4'x 8'cylindrical leaching pool 'v lit I1tI11IIIII1 _ _ 11—Slit Fence " • �"'�?5 Sit 8 Il �lalII@tai l' !-� 2r ']Ii e I all FE `r'M I 111x1111€ + Hay Bale 1+� , '-;,::1 IyaIwm 1� =miIIIIIit ���11P� i W l li I -1 ,''c:::.`,:17.: Road Catchment. %;_ I Stake I ;r'; -� ,,rg?'I t Course Gravel ; (excavate 2'x 2'x 14') i %", Stake Raised Curb(4") (back fill with course gravel) Raised Cnrb;(41 ..,1. • .l Rn WrA.l.I11',le a 1.1 VI.1.1-1 : t A/Yt/'1KMeIVii41M!•r '�a' _ O o 00 -..,. •.� ' ' 00000 - #• ' ` C,0 0 . ....... . ... .. . . . 00 i r. O- Silt Fence ;'A I -.,-1-1 .. i::::, layBale -,:',..-7.l •H Snow Fence Leaching Pool Perforated Pipe(8"diameter) �7sr SE ' ,Is= �'t (4'x8'diameter;6"slab)I Iii=1 ==" 3 ; :.u FBI- Il1 • III III , t..-1,1 '• 'tt ' k- i S - - • • r STABILIZATION DETAIL , -. (NTS) . 1< Cedar reihng and -- - ',:>< , .. ____[ balusters -i;> `n. - ¢ ;`e' _~ - 4'.: f n r. ii COURSE GRAVEL I PROPERTY OF NULTY-TASSONE . ::::•2„, Y "r. ROPOSED CURB y1r yrt ='--=:'~'tr''?:==::=ml SITUATE: NORTH VIEW DRIVE,,ORIENT ` '`` U y a ( 111 301- J ;: "� ° rsCA6¢: : oteAwN ay > Bnck support piers DATE:412 t03 ,` - •3,•' j�, r PREPARED'BY: SUFFOLK ENVIRONMENTAL C.ONSULTIN,G}INC` ' ,=,k:' _ LI BRIDCEHAMPTON,�NER' YORK ` . r' aaM! Concrete fooling for I "" �' � ;' Vii„ new bncksupportpiers S1/TI�1Ps 1 - ,I ,DYtAwtNGtM{1N Rr '•It , 000-13.01.5.1 )/1 : 4 5-i(12.:A.2) COUNTY OF SUFFOLK at 42_0/03 ue" r ,00 42)e--e-t-- ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE SOIL AND WATER Thomas J. McMahon CONSERVATION DISTRICT DISTRICT MANAGER FAX: (631)727-3160 (631)727-2315 Lydia A. Tortora, Chairwoman Southold Town Board of Appeals P.O. Box 1179, 53095 Main Road MAR itib Southold,New York 11971-0959 , March 12,2003 - _ Dear Ms. Tortora: As you have requested, I have made a site inspection on March 12,2003 at 590 North View Drive in Orient. This parcel is known as the Tassone/Doll Variance Request. While I was able to review the slopes of the lot where it had been cleared for the house,I was not able to see the Bluff Face or the Toe of the Bluff from the subject parcel.Along the bluff edge it was heavily vegetated with briars and other materials that inhibited my access to the bluff. The neighboring property to the west gave me access to the bluff top edge,where a deer path runs right along it. I was able to see that the face is as heavily vegetated as it is above the bluff and briar continues down the bluff face. I was still not able to make out the toe of the slope from above and saw no access down to the bottom. It was apparent that the topographic lines shown on the survey are somewhat accurate. A bank does run along the bluff top edge barring any surface water from flowing over the bluff face on the subject parcel. However, slopes on the parcel to the west are channeled directly over the bluff face. Along North View Drive the parcel boundary has a small berm keeping road runoff from entering the lot. It appears that towards the western side of the lot,road runoff may have the opportunity to enter it. Since the ground is still covered in snow,that may be false. However, if a driveway access to the parcel was put in,then care should be taken so as not to allow any road runoff from entering the parcel. The proposed driveway location will likely increase surface water runoff entering the neighboring lot and 423 GRIFFING AVENUE SUITE 110 . RIVERHEAD, NY 11901 le increase the existing bluff erosion. fhe enclosed low spot shown on the topographic survey exists as shown. Water will pond in that area until it overflows onto the neighbor's lot, and may then cause erosion. Any structure placed on the lot will contribute one hundred percent runoff to the enclosed depression and the neighboring lot,therefore,the roof runoff should be collected by gutters and downspouts and contained in drywells. The slope of the lot where the house is proposed is very steep. The survey does not show a grading plan. We recommend that an Erosion and Sediment Control Plan be prepared and implemented to curtail any problems that may arise from construction activities. Bear in mind that with the shortened distance from the bluff edge (only 39' compared to the required minimum of 100'), and if the bluff is actively eroding, then the house could be endangered from merely one or two storm events or may stand for many years without hazard. This would be dependent on whether the toe of the bluff is actively eroding. Judging from the topographic survey only,high tide does not appear to reach the toe of the bluff,however, a storm tide event would certainly reach it. As the toe is undermined,the bluff face tends to slough off thereby causing the bluff top to erode and the set back of the house would be reduced. While estimates of average erosion rates have been attempted in the past, it actually ranges drastically from site to site depending on many variables. One past study took the average recession of the bluff to be about two feet annually, however,that could range up to as much as twenty feet or more in one storm event.No one has been able to accurately predict this rate of erosion,nor has the erosion been able to be stopped, only slowed down with the use of hardening structures, such as; Bulkheads,Rip Rap, Gabions, etc.,which are now no longer recommended due to severe loss of beach fronts as long shore drift occurs. The outlook for placing the house on this parcel is dim, and only may be a short lived proposition. There is nowhere to move the house to if erosion does cause the bluff top to erode back. If you have any further questions please feel free to contact us again. Sincerely, e a - Paul TeNyenhuis, Senior Soil District Technician 5(4' 1 COUNTY OF SUFFOLK += \.7qr !t. V. Li; ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE SOIL AND WATER Thomas J. McMahon CONSERVATION DISTRICT DISTRICT MANAGER FAX: (631)727-3160 (631)727-2315 RECEIVED• • Lydia A. Tortora, Chairwoman Southold Town Board of Appeals MAY - 8 2003 P.O. Box 1179, 53095 Main Road Southold, New York 11971-0959 ZONING BOARD OF APPEALS May 5, 2003 Dear Ms . Tortora: We received the Erosion and Sediment Control Plan regarding the Tassone property on April 28th, 2003 from Suffolk Environmental Consulting Inc. The following is a review of that plan for your consideration. Measurements shown on the Erosion and Sediment Control Plan (the `Plan' ) now have the setback from the bluff edge ten feet (10' ) further away. This is better from an erosion standpoint, however I. believe the measurements should actually- be taken to the nearest. point _ of the bluff edge, not Ion an angle as shown. My measurements are forty-seven feet (47' ) for the Porch and fifty-three feet (53' ) for the Dwelling taken from the `Plan' . A Stabilized Construction Entrance should be installed to keep soils from being tracked onto the roadway. Perhaps the gravel driveway itself, if installed first, could act as the Stabilized Construction Entrance. Using a hay bale/ silt fence combination to keep sediments from leaving the building site is good planning. However the detail shown on the `Plan' is not the proper way to install the hay bale barrier. It must be placed in a dug trench so that sediments and surface water runoff can' t escape underneath the bales. Enclosed is an engineering drawing showing the proper method of installation. It must be kept in mind that this is a temporary measure and the bales need to be removed by no longer than three months . The site must be then filled and seeded immediately after removal. 423 GRIFFING AVENUE SUITE 110 . RIVERHEAD, NY 11901 t -The `Plan' shows no mention ,of temporary seeding during construction. Any bare ground that will remain bare and undisturbed three days or longer should be seeded to a temporary mixture of annual and perennial ryegrasses to protect the slopes from erosion. ' Placement of Drywells for the Roof Runoff is very good. Sizing of the Drywells for a two inch (2") rainfall event is below that of a one (1) year frequency event which is actually two point seven (2 . 7") inches of rain. The USDA recommends a ten (10) year frequency event, which is a five (5") rainfall for a minimum design standard. I don't know if the Town has a minimum requirement. The Drywell design is the same size for the Driveway runoff rated at a one-inch (1")-, rainfall event. While the Drywell can contain all the runoff for that 1" rainfall, it is even further below the USDA minimum recommendation. Stabilization below the Deck is an excellent practice. This will greatly reduce the impact of rainfall by protecting the soil surface. If you have any further questions, please feel free to contact us again. Sincerely, Paul TeNyenhuis, Senior Soil District Technician cc: Bruce Anderson, M. S . , CEP/ED MAY - 8 2003 ZONING BOARD OF APPEALS PFCEIVED Figure 5A.8 MAY - 2003 Straw Bale Dike Details g bi�N4Nt� ABOARD OF APPEALS S ? FLOW I VERTICAL " II FACE BEE/DING D E T A I L _ DRAINAGE AREA NO MORE THAN 1/4 AC. PER 100 FEET OF STRAW BALE DIKE FOR SLOPES LESS THAN 25Z ANGLE FIRST STAKE TOWARD ' PREVIOUSLY LAID BALE _ FLOW r 40' • BOUND BALES PLACED ON CONTOUR 100 01° 2 RE-BARS, STEEL PICKETS OR 2'x2" STAKES 1 1/2' TO 2'j IN GROUND, DRIVE STAKES ANCHORING DETAIL FLUSH WITH BALES. NOT TO SCALE • CONSTRUCTION SPECIFICATIONS 1 . BALES SHALL BE PLACED AT THE TOE CF A SLOPE OR ON THE CONTOUR AND IN A ROW WITH ENDS TIGHTLY ABUTTING THE ADJACENT BALES_ 2. EACH BALE SHALL BE EMBEDDED IN THE SOIL A MINIMUMOF ( 4 ) INCHES , ` AND PLACED SO THE BINDINGS ARE HORIZONTAL. 3. BALES SHALL BE SECURELY ANCHORED IN PLACE BY EITHER TWO STAKES OR RE-BARS DRIVEN THROUGH THE BALE THE FIRST STAKE IN EACH BALE SHALL BE DRIVEN TOWARD THE PREVIOUSLY LAID BALE AT AN ANGLE TO FORCE THE BALES TOGCTIIFR. STAKES SHALL BE DRIVEN FLUSH WITH THE BALE. 1 . INSPECTION SHALL BE FREQUENT AND REPAIR REPLACEMENT SHALL BE `JADE PROMTLY AS NEEDED . 5. BALES SHALL BE REMOVED WHEN THEY HAVE SERVED THEIR USEFULNESS SO AS NOT TO BLOCK DR IMPEDE STORM FLOW OR DRAINAGE . J.S. DEPARTMENT OF AGRICULTURE STANDARD SYMBOL NATURAL RESOURCES CONSERVATION SERVICE STRAW BALE DIKE SBD SYRACUSE, NEW YORK New York Guidelines for Urban Page 5A.18 , April 1997-Fourth,Printing Erosion and'Sediment Control Pr" • re, �� r Figure 5A.9 - MAY - 8 2003 Silt Fence Details dOfih aumio C,F APPEALS JOVE) DIRE FENCE (MIh. 14 1/2 GAUGE MAX 6' MESH SPACING) 10' MAX C. TO C \\ OE' MIN FENCE POSTS, — _ DRIVEN MIN 16' INTO 111 -11111116111111111111111111111111111111111111 \ 'I I GROUND I r1 "aliallM. -1-------- u, 'r '� ? ` �' • F,—• • PERSPECTIVE VIEW 36' MIN FENCE POSTS ' WOVEN WIRE FENCE (MIN. 14 1/2 GAUGE .I 1�I t UNDISTURBED GROUND MAX. 5' MESH SPACING) WITH FILTER CLOTH OVEF , III 20• MIN. I FLOWI I COMPACTED SOIL ���� ...../' 16• MIN. EMBED FILTER CLOTHI MIN. 6' INTO GROUND • 1 , SECTS O N CONSTRUCTIOfd NOTES FOR FABRICATED SILT FENCE 1. WOVEN WIRE FENCE TO BE FASTENED SECURELY TO FENCE POSTS POSTS. STEEL EITHER 'T' OR 'U' WITH WIRE TIES DR STAPLES. TYPE OR 2' HARDWOOD 2. FILTER'CLOTH TO BE TO BE FASTENED SECURELY TO WOVEN WIRE FENCE. 'OVEN WIRE. 14 1/2 SA. FENCE WITH TIES SPACED EVERY 24' AT TOP AND MID SECTION. 6' MAX. MESH OPENING 3. WHEN TWO SECTIONS OF FILTER CLOTH ADJOIN EACH OTHER FILTER CLOTH: FILTER X, THEY SHALL BE OVERLAPPED BY SIX INCHES 4ND FOLDED MIRA=I 186X. STABILIHMA ' 7146N OR APPROVED EDUAL. 1. MAINTENANCE SHALL BE PERFORMED AS NEEDED AND MATERIAL PREFABRICATED UNIT. EEOFAB, REMOVED WHEN 'BULGES' DEVELOP IN THE SILT FENCE ENVIROFENCE OR APPROVED EDUAL e U S DEPARTMENT OF AGRICULTURE STANDARD SYMBOL SILT FENCE - NATURAL RESOURCES CONSERVATION SERVICE SYRACUSE. NEW YORK ( New York Guidelines for Urban Page 5A.20 _ ApriI 1997-Fourth Printing Erosion arid Sediment Control ri \ r SOUTHOLD TOWN BOARD OF APPEALS SPECIAL MEETING TRANSCRIPT OF HEARINGS HELD MAY 1, 2003 (Prepared by Jessica Boger) Present were: Chairwoman Lydia A. Tortora Member Vincent Orlando Member Gerard P. Goehringer Clerk Paula Quintieri Absent were: Member Ruth D. Oliva Member George Horning PUBLIC HEARINGS: 6:43 p.m. Claire Tassone and Michael Nulty#5272—(continued from 3/20/03) applicants request Variances under Sections 239.4A.1 and 30A.3 based on the Building Department's November 7, 2002 Notice of Disapproval. Applicants propose a single family at less than 100 feet from the top of the bluff or bank of the Long Island Sound, and front yard setback at less than 50 feet, 590 North View Drive, Orient; Parcel 1000-13-1-5.1. Resolution to consider applicant's May 1, 2003 request to withdraw this application. CHAIRWOMAN: The applicant has decided not to pursue this particular plan so I will make a motion to accept the applicant's request to withdraw the application. ***** i . Page 6 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing 9:54 a.m. Claire Tassone and Michael Nulty#5272—Applicants request Variances under Sections 239.4A.1 and 30A.3 based on the Building Department's November 7, 2002 Notice of Disapproval. Applicants propose a single family dwelling at less than 100 feet from the top of the bluff or bank of the Long Island Sound, and front yard setback at less than 50 feet, at 590 North View Drive, Orient; Parcel 1000-13-1-5.1. CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? BRUCE ANDERSON: I'm Bruce Anderson, Suffolk Environmental Consulting for the applicants Nulty and Tassone. I have a couple things I want to hand up to you that aren't in the file and the first is the exterior elevations of the house and I'll get to that and describe them. The applicants wish to build a house on a 41,922 sq. ft. lot which has a bluff that fronts the LI Sound about 2/3rds of this property is beach and bluff. The dwelling would 1750 sq. ft. in footprint and would include a 435 sq. ft. deck overall coverage on the property would be 5.2%. I submitted to you a memo on the outlining our points on March 16th and I had previously made a FOIL request to the ZBA which produced a variance that was granted for the corner lot as you come down North View Dr. to the east of the property and I'd like to hand that up to you as well because that will give you some insight to the prior zoning history to the neighborhood. We laid out our variance criteria based upon surveys we were able to obtain from the Build. Dept. which included 3 surveys we have our own obviously and then there was one additional survey which unfortunately does not show the location of the bluff so what we did was we obtained an aerial photo of the property and the reason we consider the neighborhood to be would be the waterfront lots and on that aerial I took the house and I adjusted it to 1" to 100' scale and applied that house onto the aerial and I think what's immediately obvious is this is a house that fits into the character of the neighborhood. In this neighborhood there is no house that meets the 100'bluff setback. There are houses that were built particularly on the west that are in excess in one case 180' off the road and yet those houses would be 40' off the bluff The table that was submitted under the character of the neighborhood is a little bit conservative because it was prepared before I had that variance before me. It simply didn't come in at the time I drafted the memo and that variance relating to tax map 13-1-7 tells us that bluff setback was actually 5'not the 22' and 15' reported in the table that were significantly closer but that it was setback 23' from the road where I reported 18. What that means to us is we are essentially more conforming than 6 out of the 7 houses comprising the neighborhood. We explain to you in our memo that we could not build any house on this property without benefit of a variance because when you exact the 50' setback off the road and you exact the 100' setback off the bluff face what you discover is that you wind up with a negative building envelope so any house built on this property will require a variance. When viewed in context with what the neighborhood exists the variances sought are not substantial because they would significantly exceed the bluff setback in that neighborhood and at least among the nonconforming lots with respect to front yard setbacks those setbacks are also exceeded in this application. That brings us to the impact of the physical environmental conditions of the neighborhood. This is a house that is built essentially into the grade of the property and the exterior elevations demonstrate what that is. You come off the driveway you enter a garage that is essentially under the house which puts the driveway to the west of the property. It's done so the preserve the essential topography of the site and is therefore very Page 6 of 96 Page 7 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing sensitive design given the constraints on the lot. As you know we designed it so as to avoid regulatory process of both the Trustees and the DEC and that was done by keeping the house back from the bluff and coastal erosion hazard line which is shown on the survey. Finally I received a fax copy of a letter that was submitted by SC Soil and Water District. That is in your file. That's a letter from Mr. Tinious and it was sent to me yesterday afternoon. I did not work late last night as it was my wedding anniversary but I do want to address it today and the essential points are that the bluff in front of this house is heavily vegetated and what that means to us all is that it is stable and I agree with that. It says the survey topography is accurate. I also agree with that. It recommends gutters and liters that would empty into drywells and that also was a good recommendation and one we intend to comply with and I will be showing you a revised plan that shows that we will engineer those in accordance with the most recent requirements that some towns are now enacting as part of the clean water act and that will appear on a site plan that I will submit to you and it also recommends that some drainage control at the top of the driveway be incorporated in this plan because there's a concern of the water running off the road across the driveway into the lot and perhaps into the lot into the west. He recommends an erosion sedimentation plan which we have done before which is essentially the showing of hay bales and snow fences and that's become more formalized over the years particularly very recently in the last month as part of this clean water act amendments and reauthorization and that will be incorporated into our site plan that we will send to you. A final thing- and I also agree with this -is that no one can really predict the erosion rates along this stretch of beach but I would say this that the fact that we would be set back from the bluff this heavily vegetated and stable bluff more than we find in the neighborhood and that we are making every effort to preserve the existing topography, I believe this application demonstrates suitable protection to the bluff even in the event of a storm theoretically lapping up against the toe of this bluff. CHAIRWOMAN: What's the depth of the- from the house? MR. ANDERSON: They range from 4-16'however the exterior elevation plans that are provided are going to square off the deck. CHAIRWOMAN: That's what I see. I see what you are showing on the survey and the plans you just submitted are 2 different plans. The plans you submitted today are for a full deck the width of that deck is going to be 15'. What you are proposing to do is take the entire width, 50' width of the house and come out 15' all the way across to 39 is that correct? MR. ANDERSON: That is correct. CHAIRWOMAN: A couple of things, in the 8 years I have been on the board I've never read such a letter from Soil &Water. There are very serious concerns in the letter. The final line of the letter says the outlook for placing the house on this parcel is dim. That's pretty explicit and only maybe a short lived proposition. They are talking about not only ponding on the property because of the fresh area that would go into the neighbors area and ponding that would go into the bluff area and the erosion rate and potential erosion rate as to other properties which were granted variances as you well know every property on the bluff is unique. Page 7 of 96 Page 8 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR. ANDERSON: There was only one variance granted in the neighborhood. CHAIRWOMAN: Every one is unique. You have a limited ability to build on this parcel without variances however as far as encroaching as far as the 39' if you omitted the deck that would be 49'you could knock that up to a 54% decrease which would be a less than 50% variance. What you are asking for right now is a 60% variance. MR. ANDERSON: The survey shows the house 43' from the edge of the bluff so you can't take 39 and simply subtract 39 because the bluff comes in, The house is at 43' from the edge of the bluff. CHAIRWOMAN: Because of the significant environmental problems the soil and erosion has cited with this property to the point where they actually say the prospects of building a house on this property are doomed. I've never seen that Mr. Anderson they have very strong feelings about this they are expert opinions that this board simply can't ignore. MR. ANDERSON: Well the last sentence that says is dim is not in my view supported by what comes before it previously. The last sentence about dim - dim is a very odd word anyway but it doesn't follow from the analysis that proceeds it. The second thing is if you look at the exterior elevations that are provided for you, we are talking about a deck that is significantly raised above the ground and the reason for that is it is our goal here to preserve the topography to the greatest extent so in terms of there is no foundation that extends out into the deck there are merely a set of pilings with footings to support a deck that is literally 8 or 9' above grade and again that is to preserve the topography of the site so this is a house that is filled in such a way to respect the land and the way it slopes. MEMBER GOEHRINGER: I suspect that some of the issues that are raised by S&W are generic to that area and that is the bluffs tend to be vertical and a little more sloped than you see in some areas of the island as I'm sure you're aware of. The issue that has come into play over the years has been the possibility of what kind of erosion would exist underneath these deck areas which are starved by vegetation because of lack of sun and that may be an issue and I'm sure you have the expertise to address this but it's an issue you may want to deal with after this hearing and give us some information on. What can we put under the deck that will not cause an erosion problem because of course the water is going to diffuse through the deck and it's going to cause some problems. The other issue is to what degree the deck could break away from the house if it had to. We dealt with that with minor situations primarily swimming pools where we do not necessarily allow the swimming pool and deck area be attached to the house and that may be something you may want to look at also just the way we produce breakaway foundations today how could you break away the deck from the house without disturbing the house in any way. I realize it's a little difficult to actually free stand a deck adjacent to a foundation of a dwelling but these are issues that we have come to with environmental issues that concern these things but definitely I think that would have some great credibility to addressing this deck issue and that's my opinion. Page 8 of 96 , Page 9 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR. ANDERSON: As I said I only got that letter late yesterday afternoon and it's my intention to come back and also the drywells it's not a problem to integrate your questions into that plan. I'd love to have had it today but- MEMBER HORNING: I noticed the applicant is proposing town water supplies rather than a well. Do you know if the adjacent neighbors have the town water as well? MR. ANDERSON: All the neighbors have the town water. MEMBER HORNING: So there's no issue with contamination from septics into well supply. Also I'm curious with this letter from S&W did they do any write-ups for adjacent parcels when those houses were built? MR. ANDERSON: I don't know. MEMBER ORLANDO: What are the approximate sq. footage of the two adjacent houses on the east and west side? MR. ANDERSON: I think if you look at your aerial photograph they are equal or greater than what we have here- MEMBER ORLANDO: I'd have to disagree with you because they are both ranches. I was there. I would think a house on the west side is no more than 1400 sq. ft. The house on the east side is no more than 1800 sq. ft. Quick calculations this house is approximately 3500 sq. ft. did you say? MR. ANDERSON: 1750 footprint. MEMBER ORLANDO: Living square footage over 3000? I think this house is significantly larger than it's neighbors. MR. ANDERSON: Well again we looked at the size of the neighbors. We looked at the whole neighborhood which I think we reasonably defined. I could provide you with the survey. MEMBER ORLANDO: And you are aware that the deck on the west side of the house will be approximately 10' off the ground? MR. ANDERSON: On the north side, northwest side, yes. MEMBER ORLANDO: I just see it as a- MR. ANDERSON: Far better than being on the ground, wouldn't you agree? MEMBER ORLANDO: I don't know-the height- I have young children,being on a high deck like that I get concerned. Page 9 of 96 Page 10 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR. ANDERSON: It's a better plan from an environmental standpoint because if you were to come to my house and see you have a deck that is a foot or two of grade that is essentially 16' wide and runs the length of the house it relates to what Mr. Goehringer is saying and that is what can you do underneath the deck that provides the erosion and runoff protection and the answer is the fact that it is elevated 8, 9, 10' above grade you could do much more with it and the actual structural contact with the ground is limited to the diameter of the supporting columns and the footings underneath them so the deck above grade I would my opinion is a much more environmentally sensitive way of providing a deck rather than something that was on ground which would allow no sunlight penetration that would cover the land that would require grating, etc. MEMBER ORLANDO: Either one is sq. ftg. covering the land but putting all that aside- what was the plan for the east side of the land with the once you remove the vegetation on that hill, you know your clients in danger of mud slides coming into their property on the east side. MR. ANDERSON: It will be stabilized with vegetation and I will put that in my erosion control plan. The idea here is when you are dealing with a lot like this you are either forced to do what someone would do is massive filling to level the property and we've seen numerous applications I've handled on that and the other approach is to try to build a house into the slope which the exterior elevations do show so you're not creating, you're not altering the topography. MEMBER ORLANDO: Since you brought that up Mr. Anderson, how much fill are you planning on bringing? MR. ANDERSON: We are not planning on bringing any fill. MEMBER ORLANDO: This house I don't think is typical to adjacent properties size wise. CLAIRE TASSONE: Hi, I'm Claire Tassone one of the applicants,my husband is here with me this morning. You are absolutely right our immediate neighbors to the right and left of us are between 16-1800 sq. ft. but the 2 neighbors that extend beyond that the house immediately to the left which is at the farthest end of the street the last parcel is in excess of 4400 sq. ft. and I know that because I actually spoke with the owner in brief when I introduced myself and a newer dwelling 2 houses to the right of us is in excess of 3500 sq. ft. MEMBER OLIVA: I reiterate everything everyone said and want to add I find it a very difficult piece of property. First of all it wasn't cleared enough that I could even get to the edge of the bluff to look down on it and it slopes down both ways into a gully in there and then only 39' from a bluff in Orient it's ridiculous I don't care what the other ones are I know that about 2 or 3 houses up a few years back one of their porches from a noreaster went over the drink and they just lost it they are very unstable I don't care how vegetated it is at the present moment and I think just 39' away from a bluff is just ridiculous. I think the house is too big for the size of the property I think it should be a much smaller house, it's 30'high, it's going to overwhelm the other houses you are sunk down in a ditch that you're going to have erosion coming the water comes Page 10 of 96 Page 11 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing and the rain comes in Orient having that I live there. I think you're in big trouble. I just don't think the size of the house is comparable to what you want to do with the size of this property and the constraints on it. MR. ANDERSON: With all due respect my job is to look at.this property and apply the zoning criteria. Now it may be your position and I might even agree with that in a perfect world North View Road would be substantially south where it is. In a perfect world the houses on the west setback in one case 180' from the road and 30' from the bluff would have been centered on that lot. If I brought you a lot and where I had 210' distance between the road and the bluff MEMBER OLIVA: One thing has nothing to do with the other I don't care what others have done. A lot of these homes were put here a long time ago when there were no setbacks and this property is unique I don't care what the one from the west and east are doing. I care about this property and the effect this piece of property is going to have on not only the applicant but the people around it and the environment in general. MR. ANDERSON: The question is whether the variance sought will result in an undesirable change in the character of the neighborhood and a detriment to nearby properties that's it. CHAIRWOMAN: You don't have this deck on the survey but you said on the east side that's 43' to the closest point for the house so with a 15' deck that would be 28' to the top of the bluff is that correct? MR. ANDERSON: That is correct. Keep in mind this is an elevated deck. CHAIRWOMAN: We need you to exactly show us this is just rough map - it would not be a 39' setback what you are asking for now is a 28' setback from the top of the bluff. We also need the erosion and sediment control plan and three we need a plan for drywells and gutters to contain road runoff and any runoff on your property, four we need a plan for the proposed deck away from the easterly side of the property because I doubt very seriously that this board is going to approve a 28' setback to the top of the bluff We haven't approved one with or without a deck in - it doesn't happen we don't do it so I would urge you to develop an alternative plan, push the deck over to the west side as much as possible to get as great a setback as possible. That's my own recommendation, but the most important thing is to address the issues S&W raised. The depression, any overflow coming off the property- try to minimize the distance 28' won't fly. MEMBER ORLANDO: One more question, did you specify material for the driveway? MR. ANDERSON: The driveway would be pervious. CHAIRWOMAN: We have to move things along. We need affidavits of sign posting and 1 green card. Is there anyone else in the audience who would like to speak for or against the application? Page 11 of 96 Page 12 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing TOM MORGAN: My name is Torn Morgan. We live at 855 Northview. We built a house,just finished up last April and there was no need for any variances because we conformed to everything. Most of the neighbors at Browns Hills which is a privately owned association with about 17 households. Most of them, all but a few in fact are weekend residents if that. They are 2nd homes and most of them although we've been in touch byphone and email are unaware;of this hearing or unable to get here to voice the opinions of the neighbors about the character of the neighborhood. I was going to ask for a postponement,but that looks like it's in the works anyway until the neighbors are able to voice their opinion on it. That's all I have to say. I do live there I love it, I enjoy the wildlife which must have a habitat which this lot prior to it's being cleared was and when we bought this property 8 years ago at 855 we understood it was the last buildable lot and they are actually was a subdivision I believe Stuart Johnson sold the property to part of his property or a lot he owned that he intended not to build upon to some friends who had built a house that conforms without any variances required. MARY FOSTER MORGAN: Hello my name is Mary Foster Morgan. I live at Northview Dr. Orient NY. I have an email from the neighbor of the property in question and I have a letter I've composed. For the sake of time I'll read them they are each a page. Amy and Chris Astley live to the east of the property. Amy writes we bought our property 6 years ago with the explicit understanding that the ravine-like land next to us was considered unbuildable. Although we made several attempts to buy the land from Edna Doll in an effort to preserve the land as a bird sanctuary, we were repeatedly rebuffed. We are distressed that the land is now being considered for development. The current owners bulldozed the land and it is possible to see the erosion they have already created to our property. We are most especially concerned with the irreversible damage they will cause to the delicate cliff by building a mere 40' from it rather than the 100' normally required. We are extremely worried that the health of the cliff will be so compromised that our own dwelling will be negatively effected if these owners were to abide by the setback sanctioned by the town this land would be in fact be deemed unbuildable. Thank you for the protection of the property of current landowners. CHAIRWOMAN: If you could submit a copy to the board and a copy of the other one too because we are running very,very late and we are going to adjourn this hearing. Is there anyone else in the audience who would like to speak for or against the application? What is the next calendar date? May 1st 6:30, is that convenient for you Mr. Anderson? MR. ANDERSON: Yes. CHAIRWOMAN: I make a motion to adjourn this hearing until May 1St at 6:30 pm. ***** Page 12,!of 96 s.,7"\. . I -1 --�/ ,/) Existing chimney to remain iI XPi �Q y 7. 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March 20,2003 Att: Southold Zoning Board of Appeals Dear Members of the Board With reference to the Nulty-Tassone property. My name is Mary Foster Morgan. My husband and I live year round at Brown's Hill, Orient. The lot in question was recently bought and the owners propose to construct I single family dwelling with an attached deck. They want two variances, one from the 100 foot setback from the bluff (the proposed dwelling would be sited 40 ft from the lot line) and one from the 50 ft set back from the road, (they want to build at 40 feet.) Altogether, they request 70 ft in variances. If you look at their survey, if they were to adhere to the 100 ft and 50 ft setbacks the two overlap, so, according to the existing codes, there is actually no place to build at all. I support the Notice of Disapproval of the proposed development activity issued by the Building Inspector on November 7, 2002. I oppose the variance relief, on these grounds 1) it is a substantial variance. They are, in fact, asking to bend the rules in two directions at the same time 2) it will cause an adverse effect on the environmental condition of the neighborhood, including the bluff. 3) As neighbors,we were always told that this was an unbuildable lot, and it looks unbuildable,with a deep ravine. The longtime owner,Edna Doll bought 2 properties in Browns Hill. One she built on and this one,which she said she wanted as a"wildlife habitat". She is now elderly, and in recent months,together with her niece and nephew she put this wildlife habitat up for sale, and she still owns the other lot which is developed. 4) This lot is in a sensitive area. Brown's Hill is one of the highest areas of the North Fork. There is much clearing and building going on here and in nearby Hill Crest. There are lots for sale there, and lots currently being developed with no special variances needed. All this clearing continues to reducing the habitat for wildlife. We have seen several species of native,woodland birds and other animals here(eagles, great horned owls, waxwings, gold finches)which require a critical mass of woodland,which is fast disappearing. As neighbors,we were always told that was an unbuildable lot. I understand that our community has adopted basic uniform zoning codes for the public's safety,health and welfare, and to address environmental concerns. If the variance were only a few feet I think it would be appropriate. But this is substantial. Thank you. Mary Foster Morgan, Orient,NY ift./a I, -d -t J (, 111) Page 1 of 3 al-f 3 16, Iain identity ' ' , fmv • ►y',- /;1 c r �1 N?k i'esr cs p/ /,%14- From: <Amy_Astley@condenast.corn>. : ' To: <mcmorgan@optonliine.net> , Sent: Wednesday, March 19, 2003 3:44 PM "' Subject: Re: Variance hearing at Southold Town Hi Mary I know you called last night but we accidentally deleted the message and Inst your number....you are so nice and thoughtful to follow up on this'for us -for the community! Chris and I have so many work and family (school!) obligations that we cannot be there tomorrow. We would be thrilled if either of you are able to attend. The neighbors who would be sympathetic and supportive are Marshall, who really encouraged Edna(he's known her for years)to sell to us to preserve the wilderness. Marshall is concerned about how"suburban"Brown's Hills is becoming with all the development. Also,Allen and Grant would be supportive because they are extremely worried about losing their water view and they are friends. In case you or Tom do go tomorrow,here is a comment from us We bought our property approximately six years ago with the explicit understanding that the ravine-like land next door was considered unbuildable. Although we made numerous attempts to buy the land from Edna Doll,in an effort to preserve the land as a wild bird sanctuary,we were repeatedly rebuffed. We are distressed that the land is now being considered for development. The current owners bulldozed the land and it is possible to see the erosion they have already created to our, property. We are most especially concerned about the irreversible damage they will cause to the delicate cliff by building a mere 40 feet from it,rather than the 100 feet normally required. We are extremely worried that the health of the cliff will be so compromised that our own dwelling will be negatively effected. If these owners were to abide by the setbacks sanctioned by the town this land would in fact be deemed unbuildable. Thank you for taking the protection of the property of current homeowners into consideration while hearing these variance requests)'! Sincerely, Chris and Amy Astley Nofp try,— My fax is 212-286-5538 My work phone is 212-286-6102 Mary,if you do go tomorrow will you call me to let me know how it went! Thanks for all your kind help. { ---+ > { { mcmorgan@a optonl { { line.net 1 1 { 03/18/03 06:281 3/19/2003 • -1 Page-2 of 2 PROIECT YOUR PASSWORD NEVER give your password to anyone-and ONLY log in at '• https://www.paypal.com/. Protect yourself against fraudulent,'-`.:' ' websites by checking the URL/Address bar every tin#Si.C4IToi:M..:, •:,,•,':;";J: If you reply to this email, the message will be sent to your buyer. To contact PayPal, log in to yonrPaypal,account and choose the,, • •••' • ' (. 'Help" link m the footetOf afi9'Page. •,• ,•••• , • ,"!•-•••:-.,..,•.iy;;- •:•• L•„, ,-; • • `h.q... • k J„ 1, L., .‘,• • .; - f: ' A -1 ; 7 ,•1 ;-• • •• " , 3/5/2003 APR 27 2003 20 06 FR IBM HUMAN RESOURCES 914 766 9301 TO 916317659064 P.01/02 • 20 Thornberry Lane Sudbury,MA 01776 April 30,2003 s' v - fl _ F Town of Southold APR 3 0 2003 ' Zoning Board of Appeals 53095 Main Road ZONING BOARD OF APPEALS P.O.Box 1179 Southold,NY 11971-0959 Re: Northview Drive/Browns Hills Variance Request for Edna Doll's Property Hearing May 1. 2003 and my April 27,2003 letter attached herewith Dear Board: f am an abutting property owner at 740 Northview Drive,Orient and am unable to attend the May 1, 2003 zoning appeals meeting, in part because I was not notified of this meeting in sufficient time to react,per my April 27, 2003 letter. I request postponement of a decision on the variance request for the abutting property until a rescheduled meeting where I can express my concerns in person relative to this request. Thank you jr\e,--ejiL ,z;71,,,, Heidi HiId Sommers 41ECEWWED6Acvc),,ck te)3. -� 4'v APR �2 92003 `" S !" ti nLab 20 Thornberry Lane ZONING ARD OF APPEALS Sudbury,MA 01776 April 27, 2003 _ f Town of Southold Zoning Board of Appeals rF' 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Re: Northview Drive/Browns Hills Variance Request for Edna Doll's Property Hearing May 1, 2003 Dear Board: There are two items that I would like to bring to your attention relative to the above pending request for variances.3 First, I am an abutting property owner at 740 Northview Drive, Orient. I own the property with my two sisters. Neither they nor I received any notice of the March 20th or May 1st hearings regarding this variance. I understand that it is the obligation of the parties requesting such a variance to notify in writing all abutting property owners of- such a variance request. I am greatly concerned that we have been excluded from the review process; I only became aware of the variance request by fortuitous coincidence. Second, I am greatly concerned about potential bluff erosion from development of this particular property. This lot has a precipitous slope, creating a ravine that leads to the bluff. The water run-off is minimized today by the vegetation on the slope. With a house and driveway creating significant impervious surface, and with the destruction of the natural vegetation anchoring the soil,bluff erosion risk will be significantly increased. Given the particular topology of this lot and the sensitivity of the bluff and my property to erosion, I believe that this property should not be developed. I am trying to rearrange my schedule to allow me to attend the May 1st hearing. However, in the event that I am unable to attend,please insure that this letter is read into the proceedings of the Board at that hearing. Thank you. Sincerely, Heidi Hild Sommers , ,/ilij Suffolk Environmental Consulting, Inc. -,, c..0.- Newman Village,Main Street,P.O. Box 2003,Bridgehampton,New York 11932-2003 C (631) 537-5160 Fax: (631) 537-5198 Bruce Anderson,M.S.,President April 25, 2003 Southold Zoning Board of Appeals P.O. Box 1179 Southold,New York 11971 RECE1 FF .. Attn: Lydia Totora, Chairwoman APR 2 8 2003 '_ Ruth Oliva Jerry Goehringer ZONING BOARD OF APPEALS Gorge Horning Vincent Orlando Re: Tassone property Situate: 590 North View Drive Orient,NY SCTM#: 1000-013-01-005.1 Dear Ms. Totora, Enclosed herewith please find an Erosion Control Plan and Site Plan("Plan") prepared by this office on this date in connection with the property referenced above (7 copies). Also enclosed herewith please find Revised Building Plans for the dwelling to be constructed prepared by Alpine Designs (7 copies). The Site Plans and Building Plans are submitted in connection with the zoning • relief in the alternative. Both the Site Plans and the Building Plans disclose several significant changes to our zoning application presently before your Board, they are; 1. Reduction of the dwelling footprint to 1,303 square feet. The front porch totals 501 square feet and rear porch totals 340 square feet. 2. Increase of the setback for the rear porch from the top of the bluff to 49 feet. (The previously proposed rear deck would have been less than 39 feet from the top of the bluff.) 3. Increase of the setback for the proposed dwelling from the top of the bluff to 54 feet. (The previously proposed dwelling would have been 43 feet from the top of the bluff.) 4. Reduction of the front yard setback from 40 feet to 33 feet. r 7j) 2 The"Plan"provides for full runoff control and maximum protection of the key geological feature on the site, (i.e. bluff) as follows: 1. The"Plan"provides for the capture and recharge, via gutters and leaders that empty into drywells, of all runoff generated from impervious surfaces, (i.e. house and porches) for a 2 inch rainfall. 2. The"Plan"provides for a gravel driveway and the capture and recharge of all runoff generated from a 1 inch rainfall. 3. The"Plan"provides for a catchment and recharge coming from North View Drive onto the property. 4. The"Plan"provides for the preservation of a natural drainage area on the property. 5. The"Plan"provides for the stabilization for earth and grades under the rear porch. 6. Finally, the"Plan"provides for full control of construction related impacts, via the employment of hay bales, silt, and snow fence. These plans are provided to your Board in connection with our upcoming ZBA Hearing scheduled for May 1, 2003. I look forward to fully presenting these plans at that time. Very truly urs, iL, Bruce A. Anderson Cc: C.Nulty P. TeNyenhuis, Senior Soil District Technician RECEIVED s, APR 2 8 2003IIIIIIh 130 / , , ZONING BOARD OF APPEALS / -' 3-6 - N \ / , ,IIII P , , , O N I N 17:::37 OW n N 11'.7 20.2 3.0 39.8 l N N Z a 33.9 / - 52.0 N II 1 . , /I M M 96 - --- ------ i. r , a.) .,_,I / I w D I III / r O W W U I� M ' i CO I Y Q ,- p r / n' , co I /o �, 1a ' I1 . ,� ' Covered Walk r{ D ii 56.4 23.5 8.4 .0 I •G' . I \5.0 3.0/ �� ' � • O ' 'co 5.0 lilt�,/f, o y 73.5 y Z9 0 / 1 . j - - �6g 9 I i---- - - S1V3ddV d0 Ou1i08 JNINOZ il CD I / - - HOZ 8 dd'd . CD ,l /2 / - - l / l / - ' I / - - 3284'3 8 Plot Plan 1111 I / ' / - .r . S r 8" 1 23'-8" 432" 19'-0 2 8° ` 11'93�q 15'076 1T63�" ' iiiik 4.. 2'-072 8'-0" I 8._0" 8-12" 81-0" 2'02" i i i / , 111111 N ( 1 1 (_J.- 1 ! 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CO a 1 °Q CO o " - III x 24 III I � �. \ I m a 111 III I , I _ o U I m (V 111 O O I III u. io 11 3 1/2"0 steel column 1 X I I( III N III 111 I 111 „ III , ° o I 111 a 111 Ea • ' I III111 x III I I ' . I �,- - - ul - r N nl' f. — - - — - - — - - — r- , V N 3'-0^ 10'-832° 13.-4. 11'42° 6.0" t.•Ill 44'-5" A Foundation Plan Scale.!/4"=1'-0" ' 1 At new construction ' s 44'-5• ,} 11'-3• 4y 14'-8" 4Y' 11'-0• 4y . 5-7YZ• I 4y• 'Y 4�• IIIIh 1 6'-0• r 8'- • i l 5'-0y 5'-2y2 1.1 19-10Y2• I 11111 i , , . . _ . . . , 4 . , . . . , . . 'III", ' ,. . o N `; a a v c E '2 ' II .1 1 1 II .1 II— LI - - _ • V m • �--� p L m n 1 (2)13/4•x 12.1.9E m = i ~ "_ ID .�_ Micro k:m LVL flush h:=der a a i I ,,\' (2)13/4'x 91/4'1.9E Microllam LVL drop header 11111,' "' , iI /r /, 4 "x 10•Floor Joists % 2•x 10'Floor Joists - a \ . IlE140.1111) , ' 6 •N "" (2)2•x10'flush header ,,� :q ' 2'x10'Floor Joists A N = 111 - 111 , + , .$." - , 111 12.0.0 iu (11 1L 1.(� ... c�*� _ • , -' d 2 z . 4 2•x10•Floor Joists CD — -- 0 m Y To- 16'OC • _ - n 0 O ^ S Ca a -11 O \ O) Mt I II /� M m , N' - ini r I 1 0 �I■� ��I - •�f ti v QX • ill III a ,1(/////://-1 III - `N Y • �; lummiml ,I , , s s z_4...sl , r v 7. , . , IllA ' 4'113/• 13.-07�. 1P-0%. 5-23/. ' , 41 ^2 7y' ;, 4J2• 10'-4• 4Y2t1 tl 12'-7• 4/2 iv-o• 111 "i 4�2 , '' 38'-5• 6'-0' , g • Floor Plan .. sale 1/4•=1'-0• ' ' 1 At new 1st floor layout ' - , . / .. _ • , , .. 38'-5° r r ilIIli 1� 11'_3• 4�, 14'_8° 4y" 11'-0° 4 2. y 4y" L� �r 6'-0" 8'-2y° [ 5'-1y" 5'-3X" I I 8'-0y° 5,_9, 11111 _ glIP , N .;•-'-. V E_ ` (2)2"x10°header (2)2°x10°header (2)2°x10"header 'o_ ' Bedroom r `` Open to Living // �� o \Room Below/ �' Bedroom r • 5 fU U U o U o o to to a° p • / m O "g O - i. . • / U is iv .- x m o I f. v , Z., v N m x ani X x n x i� m R' tV N / \ N m N (V)1 posts x 4.. mof / \ "m L LVL posts to underside of a ` O o ndge beam - `_� \ / N N e ,A c = _ _ = e e = = e = = o c = _ - o vim�/ . m v o I I / \ o` Y v— LL7 �UA)' `›-- M EN .. \� N `W 2 Z ' III Q 'm lit \\\‘GE , o ii ✓� \ r ® � � >co , N Bedroom lit i\ Bedroom r N Q ci e v H ` �\ o v1 4Ti o / • 0 0 0 " q N74- N m U Z. to .( U to io m — 2 �III ' m w m O N d N NI. III `\\ IV m N A \''..... - , m m it_2"a',E" of 2"x1\Roof \\\ m r / -16"O C. 111 Rafters 16"Q C. \• \ 1 (2)2°x10"header 111 ` (2)2°x.10"header e ,, Ir n III r• . ri ` _ N v O / III(2)2"x 10"header \ ® u MI *e''' , , , Ill '- , 5'-63" I 11'-95/° 12-4 ° I 5-8�' - 41 , 2'-7y"-2'-7y" 1 4Y2" 10}�" 4.Y2"1, .Y2"t Y 12_7 T'4/" 71}0° I, 4Y, _ 38'-5" r A Floor Plan Scale 1/4"=1'-0" 2 At new 2nd floor layout . . . , .. ,, . _ . . . y Ridge height ' } Provide snow and ice shield in valley 111111 ,1"'P. Fiberglass architectural roofing shingles ' Alli , . f New double 4 1/2 vinyl siding 1iti\1111' 2 z r m_ m :n c I i; eo II II - 1/3 vented soffit along front and t rear of structure New 1"x6"#2 pine facia clad rn • - ' with white aluminum t , c i I N — y 1 o — 4.0.i _ _ . In " , . . _ _ 1p. _ = ._ , _ _ oh. =�===_ = == __ =_ • = ____ _ __ _ _ ____ __ ____ 1 _] A0 ca Lo , oZLo , - --- -- -- - - ---- -,-- - - - ----- Cnmm •••••••��••••••••••• ••••••••••••••••I•••••• I ' •..•... I •••••••••••••••••••,��������������� f•••••�•�•••!�!i!i!i!•••!••••••• N I I I I II I I I . I I I I I II I � II Cedar railing and I I ` / rn I I I I I I I I I I II balusters I I \ / I I I L—a-J - L_—J L__ I Vinyl lattice below I --J `-- I Existing Grade CCA treated decking and framing L__J decking to finl grade CCA treated stair framing and steps I I 1"-0"0x3'-0"deep concrete piers Use Teco anchorsi . ' I I to fasten deck support posts to concrete piers _ I I i • • • r -r1 r L LI Li ' L 1 L I I J , 111 3.0" 10'82" 13''71-Zn 11'OZ" X 50.-0" (new construction) • Front Elevation scale v4"=r-0" ' _„ . , . y IIIIIh ' . . , , , 4. ii Ridgeheight 111111Nt- N \ '1!!!,! O N m r. 1 t ��. m N p 1 I , N L F ' v 3 ..1,......4 _II ...._,... ��■sr , .• , ,. ____,.....___,.. i, , , . Cedar railing and cn balusters 11 BEI 1 ____ NEI _ COM ,, ,1„ , ', " _isofit , ..,_ M . , c • ► •• • •�t�� 4 ♦♦ 1 1 1 1 I 1 1 1 1 1 1 1 JI I 1 I 1 1 I 1 I I 1 1 1 /1\- ' 1 I 1 I 1 1 1 1 1 I I 1 t I 1 1 1 11 I I 1 I 1 III 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 11 1 1 1 1 1 1 1 1 ' I fi - � 111111111 111111111111111 11111 11 11111111 I I II II I i 1 • ' ( 1 1 1 1 1 I- 1 1 1 1 1 11 11 1 1 1 1 1 1 1 I 11 1 I 1 I I 1 1 I 1 1 1 I 11 I 1 1 1 1 1 1 I I 1 Vinyl lattice below _ 1 1 1 i i 1 1 'r i i 1 1 i i i 1 i 1 i 1 1 1 Bnck support piers 1 1 1 I 1 1 1 1 I 1 1 1 n 1 1 1 i tl Ill I I decking to final grade PP P 1 1 1 1 i i i i l 1 1 i 1 r 1 1 i 1 1 i 1 1 i1 Ll i 1 1 1 I` 1 1 1 1 r . l J 11111111 111 1 1 1 111 1 i1i 11111 11111 . I 11 1 I_1 I I II.1 1A1. 1 1� 1. 1� J , L 1 -I Concrete footing for new brick support piers 2'-6” 8'-3" 1 1'-9" I 8'-3" I 2'-3" Brick clad retaining wall 23'-0" 10'-5/2" and steps 33'-5Y2" 1111 ,i ' Side Elevation scale 1/4°=1'-0" 1 Mai 01 03411 :42a STROUGH REAL ESTATE 631-537-5198 p. 1 .67j Suffolk Environmental Consulting, Inc. ii\j Newman Village,Main Street,P.O.Box 2003,Bridgeha npton,New York 11932-2003 ^)p, (6311 537-5160 Fax: (631) 537-5198 Bruce Anderson,itit.S..President Via Facsimile and Regular Mailing May 1,2003 , E • I E Lydia A.Tortora,Chairwoman ,, f, Board of Appeals MAY ® 1 2003 do Southold Town Hall ��/�3` Jra�a _ P.O. Box 1179 / Southold,NY 11971-0959 ZONING BOARD OF APp. tiA�S_ Re: TASSONE Zoning Board of Appeals(App.No. 5272) Situate: 590 North View Drive; Orient,NY SCTM#: 1000-013-01-005.1 Dear Chairperson, As you know,this Finn represents Ms. Tassone,owner of the above referenced property, who is seeking approval from your Department for improvements thereon. This application was currently on schedule to be heard before your Board,however,due to recent circumstances,Ms. Tassone wishes to withdraw subject application without prejudice. Kindly remove this application from the agenda. Should you have any questions concerning this matter,please feel free to contact this office at any time. Thank you in advance for your attention. Sincerely, �I z ` Bruce A.Anderson cc: C. Tassone K. McLaughlin,F.sq. --)NSMISSION VERIFICATION REPORT TIME : 05/0112063 13:27 DATE,TIME 05/01 13:26 FAX NO./NAME 19147669301 DURATION 00:00:45 PAGE(S) 02 RESULT OK MODE STANDARD ECM OFFICE OF ZONING BOARD OF APPEA i • 53095 Main Road Southold, NY 11971 Email addresses: Linda.Kowalskina,Town.Southold.ny.us or Paula.Quintieri(a,Town.Southold.ny.us Jessica.Boger(a Town.Southold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax(631)765-1823 (alt. 9064) .9/4- 76 v Q5 DI COVER SHEET FOR TRANSMITTAL ATTN: ,41�r..,4h .i'yLMAZ) DATE: / / /2003 , REF: 1eQ� JavQQ �/�(t� �. .,p A 5d 7� MESSAGE: _ _i /_IL I . jug _ . — Iffy / Please feel free,to call if you did not receive all sheets. Town Hall hours are between 8 and 4. Thank you. Pages to follow: l . For Office Use Only: Fee$ - Assigned Appl. No. —�` , 4.—... Office Notes: APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS g'' d» For Office Use Only 11 4'4' 6017a, U O Fee:$ Filed By: Date Assigned/Assignment No. / Office Notes: Parcel Location: House No. 590 Street North View DriveHamlet Orient SCTM 1000 Section 013Block 0 l Lot(s)5.1 Lot Size 1. 0 Zone District R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: Applicant/Owner(s): Claire Tas sone k etwi1'O d- VSA) it. - Tata/ (L Mailing Address: 3890 Maplewood Drive; Seaford, NY 11783 Telephone: (212 ) 947-7474 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Bruce A. Anderson – Suffolk Environ. Consulting, Inc. Address: P.O. Box 2003 ; Bridgehampton, NY 11932 Telephone: ( 631 ) 537-5160 Please specify who you wish correspondence to be mailed to,from the above listed names: ❑Applicant/Owner(s) ❑Authorized Representative ❑Other: WHEREBY THE BU DING INSPECTOR DENIED AN APPLICATION DATED 11/7/02 FOR: Building Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change of Use ❑Permit for As-Built Construction CI Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section,Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XX I I I Section 100-239 . 4 Subsection A.1 III 30A A. 3 Type of peal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Oth Aprior appeal❑has as not been pp made With respect to this property UNDER Appeal No. Year Page 2 of 3- Appeal Application PLEASE REFER TO THE ATTACHED ADDENDUM Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: (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: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been self-created? ( ) Yes, or ( ) No. If not, is the construction existing, as built? ( ) Yes, or ( ) No. a:► (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attor Otherwis lea e oceed to the signature and notary area below. • Signature of Appellant or Authorized Agent Sworn to • -f• e me thi / (Agent must submit Authorization from Owner) day/ Ave-4.( ,200_4- /✓�i<e�•�_� (Notary Public) ZBA App 9/30/02 Matthew D. (vans Notary lic of New York PuP011V6053859 Qualified in Suffolk County Commission Expires January 22,2023 , Page 3 of 3- Appeal Application Part _REASONS FOR USE VARIANCE(if requested): N/A For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating to the property is unique because: 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: 4. The request will not alter the essential character of the neighborhood because: 5. The alleged hardship has not been self-created because: 6. This is the minimum relief necessary,while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet if necessary.) 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) ( ) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the signature and notary area below. Signature of Appellant or Authorized Agent Sworn b-f• e me this (Agent must submit Authorization from Owner) day • — 00 otary Public) ZBA App 9/30/02 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: November 7, 2002 TO Suffolk Environmental A/C Doll PO Box 2003 Bridgehampton,NY 11932 Please take notice that your application dated November 6, 2002 For permit for construction of a single family dwelling at Location of property 590 North View Drive, Orient County Tax Map No. 1000 - Section 13 Block 1 Lot 5_1 Is returned herewith and disapproved on the following grounds: The proposed construction of a single family dwelling is not permitted pursuant to Article XXIII Section 100-239.4A.1 which states; "All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred(100) feet from the top of such bluff or bank." The proposed single family dwelling is located+1- 39 feet from the bank. In addition, the proposed construction on this conforming, 41,942 square foot lot in the R-40 zone not permitted pursuant to Article IIIA, 100-30A.3, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein in full." Bulk Schedule requires a minimum front yard setback of 50 feet. Plans note a front yard setback of 40 feet. 4011 Aut •rized Signature $ TOWN OF SOUTHOLD - -. BUILDING DE-PARTMENT TOWN HALL " SOUTHOLD, N.Y. 11971 - • TEL.: 765-1802 Examined , 2002 Approved ' ! 2002 Permit No. I/Disapproved a/c - 111,411,011AfFP ........ - , ;-- r•_ ilial/ C iii, / (B , I,. •-ctor) ` , ;.! I %IrM — 1 'j;;::'2 `, .rte' APPLICATION F h BUILDING PERMIT — : Date October 31,2002t.si —tiA ' 'IirLn TOWN'---'1.- INSTRUCTIONS - . a. This application must be completely filled in by.typewriter-or in ink and submitted to the Building Inspector,with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the.diagram which is part of this application. • c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector, • APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition,as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. c , el-Ke,„__.>-- ,M.a4:-...-cx,4- (Signature of applicant,or name,if a corporation) Suffolk Environmental Consulting,Inc. P.O.Box 2003;BridEehamuton,NY 11932 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer,general contractor,electrician,plumber or builder AGENT Name of owner of premises Claire Nulty-Tassone • (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. N/A (Name and title of corporate officer) Builder's License No. Plumber's License No. Electrician's License No. Other Trade's License No. 1. Location of land on which proposed work will be done 590 Northview Drive Orient • House Number Street Hamlet ` County Tax Map No. 1000 Section 013 Block 01 Lot- 005.1 Subdivision N/A Filed Map No. N/A Lot N/A (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Unimproved parcel .. 2,,,,-,1 (1 sv_„',. b. Intended use and occupancy Single family residential dwelling witli,ifelated appurtena ides p 't 3.Nature of work(check which applicable): New Building X Q&ddition-•'•::L :,• "ia.w<,Alteation Repair Removal Demolition Other Work J \� 1• . ,mss i4.Estimated Cost $2' 10 � • _,e paid on filing this application) 5.If dwelling,number of dwelling units 1 Number of dwelling units on each floor N/A , If garage,number of cars N/A - 4 i - 6.If business,commercial or mixed occupancy,specify nature and extent of each type of use N/A ' 7. Dimensions of existing structures,if any Front N/A Rear N/A Depth N/A Height N/A Number of Stories - N/A Dimensions of same structure with alterations or additions: Front N/A Rear N/A • Depth N/A Height N/A Number of Stories N/A 8. Dimensions of entire new construction: Front 50.0'(bouse)13.0'(deck)Rear 50.0'(housel;50.0'(deck1Depth 35.0'(hous0,15.0'(deck) , Height <32.0' Number of Stories Two(2)maximum 9. Size of lot: Front 129.0' Rear 136.78' Depth 328.43' (max.) 0.Date of Purchase N/A Name of Former Owner N/A 1.Zone or use district in which premises are situated 2.Does proposed construction violate any.zoning law,ordinance or regulation: No. 3.Will lot be regraded No. Will excess fill be removed from premises: Yes No 4.Name of Owner of premises Claire Nulty-Tassone Phone Name of Architect 'N/A - Address N/A Phone No. N/A Name of Contractor N/A Address N/A Phone No. N/A 5.Is this property within 300 feet of a tidal wetland? *Yes X " ' No *If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings,whether existing or proposed,and indicate all set-back dimensions from ' ,roperty lines. Give street and block nutnberor description according to deed,and show street names and indicate whether stertor or corner lot. Please refer to attached Plans. • ' • ;TATE OF NEW YORK, .OUNTY OF SUFFOLK S.S Diane Wassick being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) bove named. • . ie/she is the Agent-Suffolk Environmental Consulting.Inc. (Contractor,agent,corporate officer, etc.) if said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this - pplication;that all statements contained in this application are true to the best of this knowledge and belief; and sat the work will be performed in the manner set forth in the applicatioofiled therewith. . worn to before me this - (s7' ..y of a��% 2002 lotary Public /r%3i/// - ' . Matthew 0. Nene Si Applicant)Notary Public of New York (Signature of - No. 011V•6053859 Qualified in Suffolk County Commission Expires January 22,2023 . , CJ, 1 . - , . . _ . . ... , SURVEY OF_ PROPER'Tr . . , ,.. AT ORIENT .. . , ). TOWN aF SOUTHOLD . , . . SUFFOLK COUNTY, 'NEW YORK , . . -1 00 _0 - 13-01-5 1 - SCALE: .1. -==40 " ; JUNE 28, -2002 ... ; . r . . . . - , — .3 .20C2 (revision, 100) .,,- JULY '5, -2002 (prop. hse. ) S ' , . . JAN. 6, 2002 (lest hole) . . • - , , . ' • • . , _ , ,_ LONG IS __ LAND SOUND ., 136.78' • . , N 84°04'1°' E —, — NFA.w.0 -- - , " TIE L INE . ' iki,H.VIA ' . , ' ' v ' _------ -_- toe--- ° : — —_ _ _ : 1 _ ii_ _ i . _ 5 _ - i _ __ : - ..z._ _ _ 5 --: ‘-‘) - - _, _ ----- -- -___ ----- 30 C, (;), .20 C=I_ -- - -- --- - ' CI. -- - _ - t.:3 - - _ 35 25----- 0 , _ ---- - , ":------ . _ __ 30- 0 _- - -- AO 0 -- — \:6 '.. .., _ _ -_ ._- __ -- - . . 1 _- --- - ----- ------ - ------- '''-. 40- -- -- -- -- -- --- - ---- , . ._.-- ___ ---- - z ‘....0 45_ ___ -_ - —---_. -__- _- ------ --- I`T-_- ca '7- --- o• . _.. e. "--.. : "", 5C — --55 ___ ____ ---,- --- — -- — — --- --- ---- .-- — Wi MESSED ...... 5-) — -- -c _ _ _ - - __ __- ___ _ __ . -- , ,--,--- __ _ _ _ - , __ 60 1:P . Test_Hole ' ,''' 6c,_ --„. 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ECON.]V .•'.1, * . Ili• E QR , P.C. . ..(6.- 1) 0,64.6.----5o, FAX;(631) 765-1797 -,, - ANY ALTERATION OR ADDITION TO THIS SURVEY ISA VIOLATION . % - ';- OF SECTION 7209 Er THE NEW YORK.STATE EDUCATION LAW. - '1, I Rox 249A,t• -_ " -:,, EXCEPT AS PER SECTION 7209=SUBDIVISION'2. ALL CERTIFICATIONS , 1 id6 4 . t 4'. 4 TREET HEREON ARE VALID FOR THIS-MAP AND COPIES THEREOF ONLY IF . , , , SAID MAP OR,COPIES BEAR"THE IMPRESSED SEAL OF THE SURVEYOR ' , ' , - -WHOSE SIGNATURE,APPEARS HEREON. SOU A Aik,) - , '. 11971 0 2 - 1 7 8 . .., , - . • , , , , , . .. _ . - . . , .,.. . _ NNW , ,\\ Suffolk Environmental Consulting, Inc. Newman Village, Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5198 Bruce Anderson, M.S., President March 16, 2003 Southold Zoning Board of Appeals P. O. Box 1179 i y ;- r_ �� t d `(` Southold,New York 11971 + ` //A\ 1 SARI ?� Attn: Lydia Tortora, Chairwoman Ilia 3 Ruth Oliva L�Jerry Goehringer 3/ / George Horning Vincent Orlando Re: Nulty-Tassone 590 North View Drive, Orient, Town of Southold,New York SCTM# 1000-013-1-5.1 Dear Members of the Board, This Firm represents Michael Nulty and Clare Tassone in connection with various permits and approvals for the.construction of a single family dwelling on the property referenced above. Specifically, Mr. Nulty and Ms. Tassone propose to construct a 1750 square foot single family dwelling with an attached 435 square foot deck(footprint) on a 413 water front lot consisting of 41,942 square feet. Structural coverage over the lot would fi total 5.2% of lot area. Subject fronts on the Long Island Sound and approximately 2/3 of the lot area is comprised of a sandy beach and a bluff. Subject parcel lies within the R-40 zoning District. Although subject parcel contains more than 40,00 square feet, it is a non-conforming lot with respect to lot width. Subject parcel is a described parcel. On November 7, 2002,the Building Inspector issued a Notice of Disapproval proposed development activity based upon the proposed siting of a dwelling less than 100 feet from the top of the bluff at variance with §100-239.4 (A) (1) of the Southold Town Code. Specifically, the proposed dwelling and attached deck would be located 39 feet from the top of the bluff where 100 feet is required. In addition, the proposed dwelling would be sited 40 feet from the front lot line at variance with §100-30(A)(3) of the • Southold Town Code(Bulk Schedule). Specifically, the proposed dwelling would be sited 40 feet from the front lot line where 50 feet is required. Variance relief is requested from the minimum setback from the top of the bluff and from the front lot line in accordance with the project description and zoning criterion described herein. Applicant submits that they suffer clear practical hardship brought about by the enactment of restrictive statute subsequent to the creation of the parcel. VARIANCE CRITERION (1) Whether the variance sough will result in an undesirable change in the character of the neighborhood or a detriment to nearby properties: The variances sought will not cause an adverse effect or impact upon the character of the neighborhood. For purposes of this application, the neighborhood consists of those lots having frontage on North View Drive and the Long Island Sound. Eight lots comprise the neighborhood. Lot size ranges from 0.9 to 1.7 acres. The setback condition of the neighborhood was analyzed based upon surveys maintained in the files of the Southold Building Department and a review of an aerial photograph obtained from Aerographics Corp.,Bohemia,New York March 14,2000. The surveys and also, Certificates of Occupancy/Compliance for properties within the neighborhood are attached hereto at Exhibit A. Set forth below is the setback condition of the neighborhood: 4 SCTM Lot Area Front Yard Setback Bluff Setback 13-1-7 1.0 18'* 22' (15' deck)* 13-1-6 0.9 30' 0' 13-1-5.2 1.0 38'* 40'* 13-1-4 1.2 85' 30' 1 13-1-3 1.4 105' 80' f, 13-1-2 1.6 180'* 40' 13-1-1 L77 235' 30' area/setback(x) 1.3 98.7' 35' 28.7'** * based upon survey ** average among non-conforming buildings in neighborhood As evidenced by the aerial photograph and the surveys submitted herewith, all properties within the neighborhood are improved with single family dwelling and related residential appurtenances. The size and scale of the proposed dwelling in this application comports with the character of the neighborhood. All improved properties in the neighborhood are developed at variance to the required bluff setback(100'). Among the improved properties in the neighborhood,the average setback for principle dwellings from the top of the bluff is 35 feet. Among the improved properties-in the neighborhood, the average structural setback from the top of the bluff is 34'. In this application,the proposed setback from the dwelling and top of the bluff is 43 feet. The proposed setback from the attached deck to the top of the bluff is 39 feet. Therefore,the setbacks as proposed,while non-conforming with respect the requirements set forth in §100-239.4(A) (3), exceed the average setback found in the neighborhood. A review of the tax map and aerial photograph for the neighborhood demonstrates increasing area and lot depth from east to west. Accordingly, the smaller properties and the properties with the lesser lot depths are found towards the east and the larger lots and lots containing the greatest lot depth are found towards the west. Three out of the seven improved properties have been developed at variance to the requirements of§100-30(A)(3). The three properties are adjacent to subject parcel and exhibit a similar condition with respect to lot • depth. The average front yard setback among these properties is 28.7 feet. Taking the neighborhood as a whole,the average setback from the street is 98.7 feet and this condition exists, in part,because all parcels were developed in a manner at variance with the present bluff setbacks. The proposed front yard setback(40') exceeds the average setback among the existing properties containing non- conforming front yard setbacks and demonstrates general conformity in the neighborhood given increasing lot size and lot depth exhibited among all I ,= properties from the eastern to western limits of the neighborhood. Given that the bluff setbacks proposed in this application exceed the 1 average bluff setback in the neighborhood and that the proposed front yard setback comports with character of the neighborhood in deference to lot size and depth,the requested variances, if granted will not cause an undesirable change in the character of the neighborhood. (2) Whether the benefit sough by the applicant can not be achieved by some method feasible for the applicant to pursue other than an area variance. The benefit sought by the applicant can not be achieved without an area variance. Attached herewith at Exhibit B is a copy of the survey filed with this application. The required bluff setback and front yard setback have been overlaid onto the survey demonstrating a negative building envelope. Therefore, no • conforming location exists on subject parcel for this or any other dwelling to be built on subject parcel. S4 (3) Whether the variance sought is substantial. 7I The variance sought in this application is not substantial in relationship to the setback condition in the neighborhood. As pointed out above,the bluff setback proposed in this application exceeds the average bluff setback throughout the neighborhood. The proposed front yard setback exceeds the existing setbacks among those non-conforming building setbacks found in the neighborhood. The proposed front yard setback demonstrates a pattern of increasing front yard setback among improved properties from east to west. The setbacks prescribed in current zoning envision lot depths and distances from the top of the bluff to the front lot line that do not exist on this lot or the other lots to the east of subject parcel. In this application,the applicant has attempted to balance the front yard setback requirement and bluff setback requirement to reduce the degree of variance required. (4) Whether the variance will cause and adverse effect or impact on the physical or environmental condition of the neighborhood. The variance if granted will not cause an adverse impact to the environmental conditions of the neighborhood. As proposed,the dwelling would be sited landward of the Coastal Erosion Hazard Line and also beyond 220 feet from the Tidal Wetland Boundary. The Coastal Erosion Hazard Law as implemented by the Town of Southold is intended to protect public and private property by protecting the natural protective feature that, in this case, is the bluff. In addition, no grading seaward of the dwelling is proposed. In addition, the bluff spanning the entire neighborhood is clearly stable and fully vegetated. The bluff face and adjacent area is protected by project design to a degree surpassing the protections afforded among properties in the neighborhood already developed. The setbacks from tidal wetlands (defined at the mean high water mark) exceed the jurisdiction limits of both the Town and State Wetland Laws. A copy of the Letters of Non jurisdiction granted by the Southold Town Trustees and New York State Department of Environmental Conservation are attached herewith at Exhibit • C. Forth these reasons,the project as developed as proposed will not cause an adverse impact to the physical or environmental condition of the neighborhood. Subject parcel is a described parcel being created prior to the restrictive statutes requiring variance relief. Because the property may not be enlarged by any means, the hardship experienced by the applicant is not self-created. Si 1 ` - i For the reasons set forth above as supplemented in the public hearing process,the applicant submits that the criterion for granting the requested variances are satisfied. / Respectful submit d, r, •Bruce A. Anderson • cc. C. Tassone r A FORM NO. 4 hFi ts 4 TOWN OF SOUTHOLD -.4 BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-18432 Date OCTOBER 2, 1989 THIS CERTIFIES that the building ADDITION & ALTERATION Location of Property 30 NORTH VIEW DRIVE ORIENT, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 13 Block 1 Lot 7 • Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 19, 1988 pursuant to which Building Permit No. 17536-Z dated OCTOBER 14, 1988 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 ADDITIONS & ALTERATION TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR, & AS PER ZBA #3724 The certificate is issued to JOHN & MARGARET WHITTIER (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-091700-SEPTEMBER 14, 1989 PLUMBERS CERTIFICATION DATED MAY 24,1989 PECONIC PLUMBING & HEATING - Zi uilding Inspector Rev. 1/81 7 -- . .. . ...._. _ • ..— -„...... . .. - . -,. . • J- :-; A . . • . • . . I . - / • ' ' ''I ....- 5 I i ........ • • ti, 1 .. I ,: ....... / .1 ......,, ... 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I \ •A-.,'Via,. --..it - la i i lin i•rottle ! , of wild chete-ry . , , , • IV// )F-: ,'",)I• ; -.).,);---'E.::., --: ''1' ..--.. • ..... •:•• • ..(../,`• '•••• .P-Vii...; ."--:.„:A,, • ..../' .;5-7'; .5.' /.-.:,. % . ...';A •7.o.'-/-, /4 i. '" '',' ••,.;,41, •-• ,., <IA..- '',,q.A.,/ ,• ..........._,L Apsf),,,..4• . -,--.,.-,..•--- I ! .11/rveyed fie,.u.•.44,, !,e,-/ 1.1.4-;,-,e c P.. v e.•el z../y1. /J.e;, e9,,./..-1,),1,:a la e 31., z.,..3, 1988 A;. 1•••",, •-• -' -•.•-,.: . _ ... _ $44.r. ,, ; , 7.I9 ,,,:,--r'.1 01 I, . e ) , 5. ^el al'i i'l ZA:986 n 1-4-141•••Z •- 4.•',!•••(la 6 VU . ‘'..1-•1•':,•'.5.iS ,' .•••/ 1 •.'C,.'. ••••U,/•3'..",'. I f.1736 ( e..;.s,..,o.)1.s .1..i......,0-)I:1 — c;ree2e...',.f..i•.• , 1/. •Y'. ,_ ....... ., ,•,••...,e.,14, 80/e,,z..:-,0 (,•,:ier„,i,•-----f-..,a40',./.:;••;,,...-.,4,! 5 -- . . . _ ... . . . __ _.. ....i . — ' 7.4..1 r;::.;- •1 I • , 1 FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. Z16757 Date April I , 1988 THIS CERTIFIES that the building Q tI e f a to i l y d w e l ling Location of Property 1060 Northview Drive Orient House No. Street Hamlet County Tax Map No. 1000 Section 13 Block 1 Lot 2 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated Sept . 1 6 , 1975 pursuant to which Building Permit No. 82 28 Z dated Oct . 7? 1 9 7 5 , 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 1 ' One family dwelling, split level , porches and garage under . The certificate is issued to ' EDNA E. DOLL (owner,laTfeB.iSR1 of the aforesaid building. Suffolk County Department of Health Approval 5S0- 139 Nov . 23 , 1 9 7 7 UNDERWRITERS CERTIFICATE NO N310492 Nov . 4 , 1976 PLUMBERS CERTIFICATION DATED: N/A .Ar- Cip-a cc.t,Ct. 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F° —%%Q7.o. - «. 1_�.-••`:)�:.r�• , ._-.:�:r_._.-._. ._- --:Y' _ -_ ,C„�I R ' + .."Q" IV' '..-v . ,'' tiF . _- `1' "s'y .„-es' :_ „ --- .A., -y,...„,2 . . : ` s r- :ma ,�, • _ &�1 `-"---.. -� \-' e+ 4 t. - n --_\ / N ~ r \ ¢ S� r C ' t0- O_ ai•S './DO/ 1.7 ' •i . 1 • iZo A1.YJ • '� ,( ti • • 4 y�lei Y r .rte . , ���IdN. < �i • ' `�'. • FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No. Z 523 Date Mara .29 , 19...60 THIS CERTIFIES that the, building located at .fl/I1.....NO.rth..YA!@1W...P '.it ,...QX:41,01)ttreet Map No. *** Block No. *** Lot No. *** conforms substantially to the Application for Building Permit heretofore filed in this office dated September 16 , 19 59 , pursuant to which Building Permit No. ....,2..84 dated Qc :Qkqx...1 19...x.9,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 kRIVATE ONE FAMILY DWELLING This certificate is issued to Dr. Jahn Whittier, owner (owner, lessee or tenant) of the aforesaid building. Building Inspector HOWARD M. TERRY FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z17430 Date OCTOBER 19, 1988 THIS CERTIFIES that the building ONE FAMILY DWELLING. 1 t Location of Property 800 NORTH VIEW DRIVE ORIENT House No. Street Hamlet • County Tax Map No. 1000 Section 13 Block 01 Lot 03 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 25, 1962 pursuant to which Building Permit No. 1796Z dated JUNE 28, 1962 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. The certificate is issued to MRS. WALTER KRUMBIEGEL (owner, • • ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A (c—c.,41,c4 uilding Inspector Rev. 1/81 FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. . . . 21.3741 Date August 12 THIS CERTIFIES that the building addition. Location of Property 800 North View Dr. Orient House No. Street Hamlet County Tax Map No. 1000 Section . 1 Block 1 Lot 3 Subdivision Filed Map No. x Lot No. X conforms substantially to the Application for Building Permit heretofore filed in this office dated .(T1a110. .2 , 1977.pursuant to which Building Permit No 937Z dated Jane .2$ 1977. ,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 Addition on existing dwelling. ' I i The certificate is issued to A RIENE .&.WALTER ,13.Z Xt (owner,imsmcgriq of the aforesaid building. Suffolk County Department of Health Approval NSA UNDERWRITERS CERTIFICATE NO N366352 Ida Building Inspector Rev.1/81 • 4 • I � 1 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-25134 Date JULY 11, 1997 THIS CERTIFIES that the building ADDITIONS Location of Property 900 NORTHVIEW DRIVE ORIENT, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 13 Block 1 Lot 3 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 1, 1996 pursuant to which Building Permit No. 23360-Z dated APRIL 9, 1996 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 2ND STORY ADDITION & ALTERATIONS TO EXISTING ONE FAMILY DWELLING & REPLACE EXISTING DECK ADDITIONS TO ENCROACH NO FURTHER TO THE BLUFF THAN THE EXISTING DECKS. The certificate is issued to MICHAEL FORMICA & ROBERT HIEMSTRA, JR. (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-414618 - MARCH 20, 1997 1 PLUMBERS CERTIFICATION DATED JULY 11, 1997-KING PLUMBING 1111111 • i A' 'v Building Inspe tor Rev. 1/81 7 FORM No. 4 I TOWN OF SOUTIIOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. 27373. . . . . . Date . . .November .17 , 19.76. THIS CERTIFIES that the building located atN/. .l rrtif. ad.. $1 Street (North View•Y oad!) Orient Map No. . XX Block No.XX Lot No. .XX conforms substantially to the Application for Building Permit heretofore filed in this office dated . . .Oot©bex'. 1,3 , 1976. . pursuant to which Building Permit No.8914Z . . dated October 14% , 197A ., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is Attaebed one car garage to. p .vted •one Imlay dv.43.3.1.p.g The certificate is issued to Helen 13* R4$1 e (owner,>E1# " pta ►t) of the aforesaid building. Suffolk County Department of Health Approval .11/it UNDERWRITERS CERTIFICATE No. i . . � . . •� � ' HOUSE NUMBER ? Street Pvt. .Ra+. •#11 North.'nem.Rosa Orient,. "X* ,6410-66/(7-0.4d,e44/404,------ Building Inspector 1 ;t . FORM NO. 4 TOWN OF SOUTHOLD: BUILDING DEPARTMENT • Town Clerk's Office • Southold, N. Y. • • Certificate Of Occupancy No. 4421.43 Date y. . . . 21. . . , 19.71 . THIS CERTIFIES that the building located at .N@ .th.Vd..etr,Drive. (.pvt) Street Map NoLr.. .fl1 L1 .i s(Block No. . . . . . . . . .Lot No. .ax Orierit•, .1. conforms substantially to the Application for Building Perymit heretofore filed in this office dated Au{tu o t • 10 . . , 19 70 pursuant to which Building Permit No. .49.1.8 . dated ,Lu€.ft s t. . .,'4, 19 7i ., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . or. . Ne:: J alit; The certificate is issued to . . .ia;&our.gor. . . ; . . •Olonf;r (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval .£: ti • FORM NO. 4 • TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. UPDATED ' PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-25670 Date APRIL 22, 1998 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 460 NORTH VIEW DRIVE ORIENT, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 13 Block 1 Lot 5.2 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-25670 dated APRIL 22, 1998 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 YEAR ROUND ONE FAMILY DWELLING The certificate is issued to CHRISTOPHER T. & AMY ASTLEY (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 PRE CO Z-6349 DATED MARCH 6, 1975. .../5/2 2B) flU Inspector Rev. 1/81 FORM NO. 4 - i TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.X. CERTIFICATE OF OCCUPANCY No: Z-25669 Date: 04/22/98 THIS CERTIFIES that the building HEATING SYSTEM Location of Property: 460 NORTH VIEW DR ORIENT (HOUSE NO. ) (STREET) (HAMLET) County Tax Map No. 473889 Section 13 Block 1 Lot 5.2 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 20, 1997 pursuant to which Building Permit No. 24575-Z dated DECEMBER 23, 1997 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 HEATING SYSTEM AS APPLIED FOR "AS BUILT" & AS PER REQUIREMENTS OF NEW YORK STATE ENERGY CODES. The certificate is issued to CHRISTOPHER T. & AMY ASTLEY (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. PENDING 02/12/98 PLUMBERS CERTIFICATION DATED N/A f : i dins Inspe tor Rev. 1/81 • L.O l, Q yd i wo ' iNG i '-: V ci !ill ' in _- f . I,. In § In /1 1 • fV . ;I I/7 1; h 1 1;-1 r y _S } • '+urctlo.I l der ..c, J - 11.44, e".,-loo el rhii nyrery Mr not Frth) _ _ _ t - til h id eunoyor'o Inked eoel eK Y -.T_ t�-A r•JIG+'t url y'1.C(r o'�'t'1''•k c • r-J cd goal droll not ba eoroilionet • to bu C odd hue dopy. 0 1'utroops,lndcoted hereon eb-ll nth only b the mown for Wean Iho r,'I,,r • l rc.•,arn.7.end on Ma boiler:toi.D i / • ` i4'•;rA I-'I:ponlnoJ hart n,']r..) / A Lill ;•R-o r 1•`c.a of the I,1_IO_r.• ..F ....n.c-a era not tan- r^'t h a'`\ ..- zs•t- !x, v:4 zl me:llotIont or tubs-theal I �</�� l) r r.a I �If / r�s.. / e� -- t' � MI pot,n 1/) - tuNc1 144 r • . .r ;r P `A..'1 0°',, F m /---P.2%,. ilo _ " 2o 5 do. m No -r1� Vt-V 1o' ,� I A til • ,q• `..---;r.:.,.:-..11,-• .AO,. I ' Y. �pYivu c Yo las.5 rhe7Eillioefl.-1 (7pNEil'" .f . iy,,It pI,a.? •^,.4,ia.fV4,I,)ni:.i . jl'8ttziLx0I�T MAP 4F' 1-AND • 1;,i, 2�!,"? , •m ..A 1 5UtzvEYEr9 Pop '';>;,°•lszeb�`�!: t 1 r NiE. F3 Ar .N :M5 :."�1--1E.rzI: c 4^w 1 AT 6Ltoyol.1eesd it, *41a? A.ic" -, Tf•S1,,, i }ti.1,tI'rt: r. 11'' .,• Car,/,.slrk}' 9 to -Fitts C.1li+alk ()1211:1\ri" Co IA{-1 4.I., 1 t':G1 F'Y•.::y �e.A J•i i--, CAI':,{ Lc..,; ' Quo-;- o <.:4tt'vr,:t:d.:l rr.',vudvy�n.-C,ly'7EI,� `rC�YrF1 F':. 9U'1hlGt!-Ci,I,I`/, r 1=?0rf<rv., -., VAT tTuve_, R . a.EXT,Vii.'. , L:a „?e a.1 yir'r,"itf,re L- iii'.1 :b'1•id!. it'r r r)1'el C-11p!)Y+, tNdtivyr S'(C,4J :t I • n 1 -r 1, 1' N SURVEY OF PROPERTY ' A��' -ORIENT T O WN OF S O UTHOLD SUFFOLK COUNTY, NEW W _YORK ' 1000-13-01 -5.1 SCALE: 1 "=40; y JUNE 28, 2002 ' , JULY 3. 20C2 (revision, tope.)_ _ JUL Y''5, 2002 (prop. hse. )' - - JAN. 6, 2002 (test hole) LONG ISLA SOUND ND ,, �, 136.78' = "HWM N 84004'10' E —- — r — TIE LINE . M•H.V•M ' f h ) 10 foe oJ _ - ' _ - -_ l, - _ .- - - " _ - .`-- —a- _ 20— - -n --- Z_- - 2� c 15 20- NOa - - _ - _ +�— _ _ 30 R' c. ,..* CD - -- -- �9 , ' - -c 35 = — ,.' 40_ - _ -. . 45 - - -- --- -- -- -- --5 - !+ 1" h \ 5C -. -;,5 WI-TNE$SED 5; + ` — - _ _ _ T a v :'Test-Hole "`� E0_ — — — — — 6° ' TOPSOIL 'd 3 65 _ -__ -- - -- -- - _- v7° SANDY CLAY 72/ 74 ''7.6_-- -,-.-- iN / TOPTIF BANK - `-- ---- _ - _72 23',x__ .- , __-._i ` - 74 ' SAND ---- ----- '76 78,80 82 84 POCKET 4 �� - - +-8890 24' t ! / 1 SIL.IYCLAY _ -t-t- - ,- L :� -f j 1 , 27' y CO•STAL ER5SI0! 1,11 I i ' + 92 70 \� w 70 'a� _1 + i fir+ I ' Z 'T /' I i i 94 Q° 1 / 72.' i i�'I W O 72 ---,--<.- I/ l i /' ,IJ,i., 1 1 I+ 96 --1 ' . / 9 8 / ; i / / IO 76 _--i -,,,_, .,.._ -:„ ' ,...-- re'-;:,4 ,--I,I, 1 ,1 \ / , , j - , 2 �ti\�l \• ^ .�'J`�,a,4 ab -C:., ` ii•`lip� 5Q,00 t - I ,I x W L\�- 1- V ;I r� + I �` 0/I- rc���/ I , pIPE��� V\ , , -;'` -- -•fes'hole ,I - 98 N 80 9'.' 's '''-`l h 92 94' 96n` ` 129,001 Z j5D' 82C ) ' _`/V`- 84 ' 86 ..0 80 0° °° ' ` VU _VIEW DRE VI'l Zi NpRTg {er M -S Pvbhc wa �Q,,r? 1 -� • Coastal Errosion Hazard osion Hazard M Line from u,ellln�s 6P�51,c AREA*-41 942 S.F. . �.\EOf NEI,kk ' - TO TIE LINE NI.MFTZ„ �� F / r, 'P - ELEVATIONS REFERENCED TEl TOPOGRAPHIC MAP OF FIVE �.'� \, , S. LIC. NO. 49618 • ' EASTERN TOWNS & N,G,V,D. - � 'ECONl�0,''~1 '•' EOR., P.C. .'ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION ( '1) 0`- `43-'50 FAX:(631) 765-1797 OF SECTION 7209 qF THE NEW YORK!STATE EDUCATION LAW. •• .11 ,PDX ' ' 9/A - EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS q 6 T REE T • x,= HEREON ARE VALID FOR THIS HAP AND COPIES THEREOF ONLY IF 1 de; - 4 -,. ` a SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR - Ail",1 D 2 - 1 7 • - WHOSE SIGNATURE APPEARS HEREON. - SOU U , . '• 119 71 , - , • . , , Albert J. Krupski, President ( ''""", j Town Hall James King,Vice-President ,oil %VFfDU( 53095 Route 25 �� O ` P.O.Box 1179 • Artie Foster 1� � °yam, Southold,New York 11971-0959 Ken Poliwoda 1 C +.G Peggy A. Dickerson ti Telephone(631) 765-1892 F , Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 15, 2002 sr :\� f, ===, 1\ MAR 1 7 Mr. Matt D. Ivans Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932-2003 RE: Tassone Property 590 North View Dr., Orient SCTM#13-1-5.1 Dear Mr. Ivans: The Southold Town Board of Trustees reviewed the survey dated June 28, 2002 and last revised July 5, 2002 and determined the construction of a single-family dwelling and associated improvements to be out of the Wetland jurisdiction under Chapter 97 of the Town Wetland Code and Chapter 37 of the Town Code. However, any activity within 100' of a Wetland line or seaward of the Coastal Erosion Hazard Area would require further review from this office. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, 22L4.1 (1. , ;;, - :.' , Albert J. Krupski, Jr. President, Board of Trustees AJK:lms - New York State Department of Envi,,���imental Conservation Division of Environmental Permits Rm 121, Building 40-SUNY Stony Brook, New York 11790-2356 alba Telephone (631)444-0365 Facsimile (631)444-0360 NNW Erin M. Crotty Commissioner LETTER OF NON-JURISDICTION Claire Tassone September 12, 2002 3890 Maplewood Drive Seaford NY 11783 NYSDEC # 1-4738-03064/00001 Tassone Property 590 North View Drive Orient NY SCTM #1000-13-1-5.1 Dear Applicant: Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: The property landward of the topographic crest of the bluff, labeled as the top of bank on the survey prepared by John T. Metzger last revised on 7/5/02, is beyond the jurisdiction of Article 25 (Tidal Wetlands). Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6 NYCRR Part 661) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary,'as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this letter does not relieve you of the respo sibi ' obtaining any necessary permits or approvals from other agencie . 'ery truly yours, John A. Wieland Deputy Permit Administrator CC: Suffolk Environmental Consulting, Inc. BMHP File sr' f n'r , ;i • r. • • rjD %13F—PR DROt - i M: jV/ i" O' . 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Sar -.,+a+-1:;•c5-S 's-SI' - fir,,.-a, _ _ ,`� • _ _ - - _ ',4` ,f," !: -\ e`%` �,r' .r,>_ - - - y _ .,ice' -s'- 6 S�=" 1 =d:".`+'_.res '.:'• "•:",' - r +••c._ ,y,i _ f`r''%' 'tel`•!' - t� r�+c%` - s`v. ,`4oi t• - tii S4 if .a L i Y .,j F` _ "Jo` ,'x a,rn Z. -.rte..` '-''''''''''''' T: �`C.� _ _ ar" �i' "4. :.. _<t) Y5{r r 5 r.' ,,,,-:,-17... 'q.` :n::,'",',,,,e-:,•:-,,,,2,, ., r c. �.,.,., i .. "l•. -.., r „ ., . _ _ . . .. „, ..-..f:J"b,%�,. _ .. >,.. :may.�;' =;' .... .4,1.,'',,,p...,,...;;-;<,,,,,•:;.•:,,,!.. ' ,,t,',..,—,„1,:,,,''- ._ .. . • Suffolk Environmental Consulting, Inc® Newman Village, Main Street,P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5198 Bruce Anderson,M.S.,President March 16, 2003 Southold Zoning Board of Appeals ;_ - P. O. Box 1179 ff ija`2 Southold,New York 11971 t, 1! MAR 1 7 63 Attn: Lydia Tortora, Chairwoman ;(1 Ruth Oliva Jerry Goehringer George Horning - Vincent Orlando Re: Nulty-Tassone 590 North View Drive, Orient, Town of Southold,New York SCTM# 1000-013-1-5.1 Dear Members of the Board, This Firm represents Michael Nulty and Clare Tassone in connection with various permits and approvals for the construction of a single family dwelling on the property referenced above. Specifically,Mr. Nulty and Ms. Tassone propose to construct a 1750 square foot single family dwelling with an attached 435 square foot deck(footprint) on a water front lot consisting of 41,942 square feet. Structural coverage over the lot would total 5.2% of lot area. Subject fronts on the Long Island Sound and approximately 2/3 of the lot area is comprised of a sandy beach and a bluff. Subject parcel lies within the R-40 zoning District. Although subject parcel contains more than 40,00 square feet, it is a non-conforming lot with respect to lot width. Subject parcel is a described parcel. On November 7, 2002,the Building Inspector issued a Notice of Disapproval proposed development activity based upon the proposed siting of a dwelling less than 100 feet from the top of the bluff at variance with §100-239.4 (A) (1)of the Southold Town Code. Specifically, the proposed dwelling and attached deck would be located 39 feet from the top of the bluff where 100 feet is required. In addition, the proposed dwelling would be sited 40 feet from the front lot line at variance with §100-30(A)(3) of the Southold Town Code(Bulk Schedule). Specifically, the proposed dwelling would be sited 40 feet from the front lot line where 50 feet is required. R1 Variance relief is requested from the minimum setback from the top of the bluff and from the front lot line in accordance with the project description and zoning criterion described herein. Applicant submits that they suffer clear practical hardship brought about by the enactment of restrictive statute subsequent to the creation of the parcel. VARIANCE CRITERION (1) Whether the variance sough will result in an undesirable change in the character of the neighborhood or a detriment to nearby properties: The variances sought will not cause an adverse effect or impact upon the character of the neighborhood. For purposes of this application,the neighborhood consists of those lots having frontage on North View Drive and the Long Island Sound. Eight lots comprise the neighborhood. Lot size ranges from 0.9 to 1.7 acres. The setback condition of the neighborhood was analyzed based upon surveys maintained in the files of the Southold Building Department and a review of an aerial photograph obtained from Aerographics Corp.,Bohemia,New York March 14,2000. The surveys and also, Certificates of Occupancy/Compliance for properties within the neighborhood are attached hereto at Exhibit A. Set forth below is the setback condition of the neighborhood: SCTM Lot Area Front Yard Setback Bluff Setback 13-1-7 1.0 18'* 22' (15' deck)* 13-1-6 0.9 30' 0' 13-1-5.2 1.0 38'* 40'* 13-1-4 1.2 85' 30' 13-1-3 1.4 105' 80' 13-1-2 1.6 180'* 40' 13-1-1 1_7 235' 30' area/setback(x) 1.3 98.7' 35' 28.7'** * based upon survey ** average among non-conforming buildings in neighborhood As evidenced by the aerial photograph and the surveys submitted herewith, all properties within the neighborhood are improved with single family dwelling and related residential appurtenances. The size and scale of the proposed dwelling in this application comports with the character of the neighborhood. All improved properties in the neighborhood are developed at variance to the required bluff setback(100'). Among the improved properties in the neighborhood,the average setback for principle dwellings from the top of the bluff is 35 feet. Among the improved properties in the neighborhood,the average structural setback from the top of the bluff is 34'. In this application,the proposed setback from the dwelling and top of the bluff is 43 feet. The proposed setback from the attached deck to the top of the bluff is 39 feet. Therefore,the setbacks as proposed,while non-conforming with respect the requirements set forth in §100-239.4(A) (3), exceed the average setback found in the neighborhood. A review of the tax map and aerial photograph for the neighborhood demonstrates increasing area and lot depth from east to west. Accordingly,the smaller properties and the properties with the lesser lot depths are found towards the east and the larger lots and lots containing the greatest lot depth are found towards the west. Three out of the seven improved properties have been developed at variance to the requirements of§100-30(A)(3). The three properties are adjacent to subject parcel and exhibit a similar condition with respect to lot depth. The average front yard setback among these properties is 28.7 feet. Taking the neighborhood as a whole,the average setback from the street is 98.7 feet and this condition exists, in part,because all parcels were developed in a manner at variance with the present bluff setbacks. The proposed front yard setback(40') exceeds the average setback among the existing properties containing non- conforming front yard setbacks and demonstrates general conformity in the neighborhood given increasing lot size and lot depth exhibited among all properties from the eastern to western limits of the neighborhood. Given that the bluff setbacks proposed in this application exceed the average bluff setback in the neighborhood and that the proposed front yard setback comports with character of the neighborhood in deference to lot size and depth,the requested variances, if granted will not cause an undesirable change in the character of the neighborhood. (2) Whether the benefit sough by the applicant can not be achieved by some method feasible for the applicant to pursue other than an area variance. The benefit sought by the applicant can not be achieved without an area variance. Attached herewith at Exhibit B is a copy of the survey filed with this application. The required bluff setback and front yard setback have been overlaid onto the survey demonstrating a negative building envelope. Therefore,no conforming location exists on subject parcel for this or any other dwelling to be built on subject parcel. (3) Whether the variance sought is substantial The variance sought in this application is not substantial in relationship to the setback condition in the neighborhood. As pointed out above,the bluff setback proposed in this application exceeds the average bluff setback throughout the neighborhood. The proposed front yard setback exceeds the existing setbacks among those non-conforming building setbacks found in the neighborhood. The proposed front yard setback demonstrates a pattern of increasing front yard setback among improved properties from east to west. The setbacks prescribed in current zoning envision lot depths and distances from the top of the bluff to the front lot line that do not exist on this lot or the other lots to the east of subject parcel. In this application,the applicant has attempted to balance the front yard setback requirement and bluff setback requirement to reduce the degree of variance required. (4) Whether the variance will cause and adverse effect or impact on the physical or environmental condition of the neighborhood. The variance if granted will not cause an adverse impact to the environmental conditions of the neighborhood. As proposed,the dwelling would be sited landward of the Coastal Erosion Hazard Line and also beyond 220 feet from the Tidal Wetland Boundary. The Coastal Erosion Hazard Law as implemented by the Town of Southold is intended to protect public and private property by protecting the natural protective feature that,in this case, is the bluff. In addition, no grading seaward of the dwelling is proposed. In addition,the bluff spanning the entire neighborhood is clearly stable and fully vegetated. The bluff face and adjacent area is protected by project design to a degree surpassing the protections afforded among properties in the neighborhood already developed. The setbacks from tidal wetlands(defined at the mean high water mark)exceed the jurisdiction limits of both the Town and State Wetland Laws. A copy of the Letters of Non jurisdiction granted by the Southold Town Trustees and New York State Department of Environmental Conservation are attached herewith at Exhibit C. Forth these reasons,the project as developed as proposed will not cause an adverse impact to the physical or environmental condition of the neighborhood. Subject parcel is a described parcel being created prior to the restrictive statutes requiring variance relief Because the property may not be enlarged by any means, the hardship experienced by the applicant is not self-created. f For the reasons set forth above as supplemented in the public hearing process,the applicant submits that the criterion for granting the requested variances are satisfied. ' Respectful submit d, 34-„A Bruce A. Anderson cc. C. Tassone } FORM NO. 4 1 )(HI I..l ir 4 3 TOWN OF SOUTHOLD .. BUILDING DEPARTMENT Office of the Building Inspector ; Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-18432 Date OCTOBER 2, 1989 1 THIS CERTIFIES that the building ADDITION & ALTERATION Location of Property 30 NORTH VIEW DRIVE ORIENT, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 13 Block 1 _ Lot 7 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 19, 1988 pursuant to which Building Permit No. 17536-Z dated OCTOBER 14, 1988 + 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 ADDITIONS & ALTERATION TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR, & AS PER ZBA #3724 The certificate is issued to JOHN & MARGARET WHITTIER (owners) of the aforesaid building. i ' t; SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-091700-SEPTEMBER 14, 1989 PLUMBERS CERTIFICATION DATED MAY 24,1989 PECONIC PLUMBING & HEATING 1 Q,L! , u7il1tding Inspector 1 //;? , Rev. 1/81 1 r FORM NO.4 TOWN OF SOUTHOLD. BUILDING DEPARTMENT Office of the Building inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. Z1§757 Date April I , 1988 • THIS CERTIFIES that the building Q p e f a In i 1 y dwelling Location of Property 1060 Northview Drive Orient House No. Street Hamlet County Tax Map No. 1000 Section 13 Block Lot 2 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated Sept . 16 , 1975 pursuant to which Building Permit No. 8228 2 dated Oct . 7 7 19 7 5 was issued, and conforms to all of the requirements .r of the applicable provisions of the law. The occupancy for which this certificate is issued is One family dwelling, split level , porches and garage under . The certificate is issued to EDNA E.' DOLL (owner,iffsFAIMIlaRa of the aforesaid building. Suffolk County Department of Health Approval 5S0- 139 Nov . 23 , 1 9 7 7 UNDERWRITERS CERTIFICATE NO N310492 Nov . 4 , 1976 PLUMBERS CERTIFICATION DATED: NSA CL-02-4-1. Building Inspector Rev.1/81 I • • • - - '- F - >'.4-j' . 1 ci,r.a •-�• - ' '',. , : . -t'C sac:• - _ .s-n• .,:, . ' F 41 -,vc.'�.-1.---•ckP.:+;:y,:5:�:r r.� ^,--•—•.=_.-.40raz+--0,-.—t•-1:v`Y,• > :.xr .,rr.Y -y-=vii r2,.1 n,. s-x.asw.v.C-, - -..c,:-ts:. _ ..,•'.s7 'z -:e.,.-.7r,-s- ..r .„ . - . — • - .. - . ---, ..---, ,.., -- ,,- . . --,.,7_,,_,,,_.• _,' • "11F l'At.';;"`1,311.F.;tr.`41:-.eALT+ t):•'-' -'''''....-4.. ---. --.' Z' ..--''..... - - '''• - pit-11 Si. 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'�':A= +-%.•^:,'- • - _, . - t \� 1123 : 7 :, r.....-..> s. t2Ilk. - - ',C5. 1 • s��o� r,cF [ ✓ ;20 ne,g3,6 ti • - — 'k - • A _ -110 . L__ \ ' • FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No. Z 523 Date March. 29 , 19...60 THIS CERTIFIES that the, building located at .U1/.4 Map No. *** Block No. *** Lot No. *** conforms substantially to the Application for Building Permit heretofore filed in this office dated September 16 , 19 59 , pursuant to which Building Permit No. 2-944 dated Q; ':4?' ox...1 19 4P,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 $1€tIVATE ONE FAMILY DWELLING This certificate is issued to Dr. John Whittier, owner (owner, lessee or tenant) of the aforesaid building. Building Inspector 1 HOWARD M. TERRY FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z17430 Date OCTOBER 19, 1988 ; THIS CERTIFIES that the building ONE FAMILY DWELLING. '! Location of Property 800 NORTH VIEW DRIVE ORIENT ' House No. Street Hamlet I'z ' County Tax Map No. 1000 Section 13 Block 01 Lot 03 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 25, 1962 pursuant to which Building Permit No. 1796Z dated JUNE 28, 1962 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. The certificate is issued to MRS. WALTER KRUMBIEGEL (owner, • •• ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A (; 4-1- uilding Inspector Rev. 1/81 FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. . . . 21.3741 Date August 12• THIS CERTIFIES that the building addition. - Location of Property 800 North View Dr. Orient House No. Street Hamlet County Tax Map No. 1000 Section . 13 Block 1 Lot 3 Subdivision 4c Filed Map No. x Lot No. X conforms substantially to the Application for Building Permit heretofore filed in this office dated . .J.1.111P. .2 , 1977pursuant to which Building Permit No, 9 37Z dated J1 .B .2t3 1977. ,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 Addition on existing dwelling. The certificate is issued to ARIENE .&.WALTER. ZZUIK.13 G'BT-4 (owner,lingt.moraV of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO N366352 t 1d LI Building Inspector Rev.1/81 I f f , FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. ',; CERTIFICATE OF OCCUPANCY r. No Z-25134 Date , JULY 11, 1997 THIS CERTIFIES that the building ADDITIONS Location of Property 900 NORTHVIEW DRIVE ORIENT, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 13 Block 1 Lot 3 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 1, 1996 pursuant to which Building Permit No. 23360-Z dated APRIL 9, 1996 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 2ND STORY ADDITION' & ALTERATIONS TO EXISTING ONE FAMILY i ' DWELLING & REPLACE EXISTING DECK ADDITIONS TO ENCROACH NO FURTHER TO THE BLUFF THAN THE EXISTING DECKS. The certificate is issued to MICHAEL FORMICA & ROBERT HIEMSTRA, JR. (owners) of the aforesaid building. : SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A 1 UNDERWRITERS CERTIFICATE NO. N-414618 - MARCH 20, 1997 PLUMBERS CERTIFICATION DATED JULY 11, 1997-KING PLUMBING : i Agr,11:::, .w .,.., , ., . _ Building Inspe tor Rev. 1/81 4/ . FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. 2737.5. . . . . . Date . . .NQvesiber .17 , 19.76. THIS CERTIFIES that the building located atkal. Prtm. EA*.it Street (forth Y1.+rw'Road) Orient • Map No. . XX Block No.XX Lot No. . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . .Onto er. 13 , 1976. . pursuant to which Building Permit No.8914Z . dated October 14t , 19?6 ., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .Attached one car garage. to priy .te one .family, dwenpag The certificate is issued to Helen B* Ra,Js (owner,7 l lel`+ talat) of the aforesaid building. Suffolk County Department of Health Approval .1$/B UNDERWRITERS CERTIFICATE No. .V/) . .Ma). . )1.10.el: O' x ..tl HOUSE NUMBER 740 Street PY.t u .MM+. .#11. .'.N.Q't1l .113.ew•Boa / / Building Inspector i i r it • 1 FORM NO. 4 - TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. • Certificate Of Occupancy No. 41h21:13 Date t'iP.y . . . 21. . . , 192 1 . THIS CERTIFIES that the building located at .Nolith.View'.Drive. .(.pvt) Street Map Noir .t: ,flock No. Lot No. 3,ucx Oriexnt;, .l•t• . conforms substantially to the Application for Building Permit heretofore filed in this office dated om f<u;;t. . 1 s. . . , 19. 0 pursuant to which Building Permit No. .+91.8 . dated u ffi! • . . 2+, 19 VC1 ., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . .ox•c'. . r:w.e. 3:ing The certificate is issued to . V.1.'43.. . .l, . . ,t•amb-ur. 'or. . ; . . .Ownar (o*ner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval .Mair . .1 '. . 1971. . . 1y;y. .1.i.• V•lila • " • douse 1150 north View' tax \10-i,..)• 0—* Building Inspector FORM NO. 4 TOWN OF SOUTHOLD • BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. UPDATED PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-25670 Date APRIL 22, 1998 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 460 NORTH VIEW DRIVE ORIENT, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 13 Block 1 Lot 5.2 Subdivision _ Filed Map No. Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER 5-25670 dated APRIL 22, 1998 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 YEAR ROUND ONE FAMILY DWELLING The certificate is issued to CHRISTOPHER T. & AMY ASTLEY (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 PRE CO Z-6349 DATED MARCH 6, 1975. J7BngInEpector Rev. 1/81 FORM NO. 4 `y TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-25669 Dater 04/22/98 THIS CERTIFIES that the building HEATING SYSTEM Location of Property: 460 NORTH VIEW DR ORIENT (HOUSE NO.) " (STREET) (HAMLET) County Tax Map No. 473889 Section 13 Block 1 Lot 5.2 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 20, 1997 pursuant to which Building Permit No. 24575-Z dated DECEMBER 23, 1997 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 HEATING SYSTEM AS APPLIED FOR "AS BUILT" & AS PER REQUIREMENTS OF NEW YORK STATE ENERGY CODES. The certificate is issued to CHRISTOPHER T. & AMY ASTLEY (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 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Lx..-..•,..:. ,• — .---- • • 1-;r ri pi 6 orol 1-nild ....v.t • • ,. , c5 rete.iip QV'k, V•1 ItiV 4 s'ICP‘i k - . . .. . . • * 1 C:C)..-3... 7*. ;.?„, • , •: , . . . . . . • . . . . . . * . .. . . . . • • : • , . . • ' ,• ,. -• • . . • . . • . . • . . . .• ••.. . • . . , •. •• ... • • . *i:•'' •*•i. • • • . . „ • . • . . . . .• ., . , • . . • . .. . , . . . • ... . . • . .,' .... . . • . . , . • .• . • . . . . .. .. • .• • a •• . ....•.• • • i . • • *1;•': : **.. . .. • . , . . . . • , ' . , . • - .. _ Albert J. Krupski, President ; ,,i#"""- Town Hall James King,Vice-President ��oil OFFU(�-G' 53095 Route 25 Artie Foster �0�' D�j P.O.Box 1179 �� 'yam Southold, New York 11971-0959 Ken Poliwoda 1��� PeggyA. Dickerson % y • w r? Telephone(631)765-1892 O Fax(631) 765-1366 f?<frt go- BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 15, 2002 Mr. Matt D. Ivans Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932-2003 RE: Tassone Property 590 North View Dr., Orient SCTM#13-1-5.1 Dear Mr. Ivans: The Southold Town Board of Trustees reviewed the survey dated June 28, 2002 and last revised July 5, 2002 and determined the construction of a single-family dwelling and associated improvements to be out of the Wetland jurisdiction under Chapter 97 of the Town Wetland Code and Chapter 37 of the Town Code. However, any activity within 100' of a Wetland line or seaward of the Coastal Erosion Hazard Area would require further review from this office. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, Oq_4.4-4/ /2!-- '2444 +' 11 Albert J. Krupski, Jr. President, Board of Trustees AJK:Ims New York State Department of Ei.._ _ronmental Conservation Division of Environmental Permits Rm 121, Building 40-SUNY Stony Brook, New York 11790-2356 Telephone (631)444-0365 - Facsimile (631) 444-0360 Erin M. Crotty Commissioner LETTER OF NON-JURISDICTION Claire Tassone September 12, 2002 3890 Maplewood Drive Seaford NY 11783 NYSDEC # 1-4738-03064/00001 Tassone Property 590 North View Drive Orient NY SCTM #1000-13-1-5.1 Dear Applicant: Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: The property landward of the topographic crest of the bluff, labeled as the top of bank on the survey prepared by John T. Metzger last revised on 7/5/02, is beyond the jurisdiction of Article 25 (Tidal Wetlands). Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6 NYCRR Part 661) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any.ki'nd may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this letter does not relieve you of the respoI . obtaining any necessary permits or approvals from other agencie . 'ery truly y. rs, • • John A. Wieland Deputy Permit Administrator CC: Suffolk Environmental Consulting, Inc. BMHP File I\( .,�- --- e',,,,,,, f APPEALS BOARD MEMBERS ~ l _ , o'of Ot F° 0 J. '�0 A) ®e• Southold Town Hall Lydia A. Tortora, Chairwoman � d - 53095 Main Road • Gerard P. Goehringer • . P. O. Box 1179 kLi George Horning • ;0 0 Southold,New York 11971-0959 °� Ruth D. Oliva =4alj® mit, ZBA Fax (631)765-9064 AVincent Orlando - �_ �;��'� Telephone(631)765-1809 " http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD March 6, 2003 Fax 727-3160(Regular Mail with maps) Suffolk County Soil &Water Conservation District 423 Griffing Avenue Riverhead, NY 11901 Re: ZBA Application —Tassone/Doll Variance Request Gentlemen: We have an application in which applicant is proposing new construction. A description of the application is as follows: Description: New dwelling on a 41,942 sq. ft. parcel, at 40+- feet from the front line facing North View Drive, and at 39+-feet from the top of the bank facing the Long Island Sound. Site Location: 590 North View Drive, Orient 1000-13-1-005.1 Copies of the County Tax Map and survey/site plan furnished are attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal? Thank you for your assistance. Very truly yours, Lydia A. Tortora Chairwoman Enclosures se.Jnsofoua , UEwoNUILI{3 0.10]..1U0_1_ y elpA `sinoA Aim;A,®n 'aoue;slsse JnoA Jo;noA s!ugy1 LiesodoJd sig;Jo;suol;epu wwooeJ pug uonianiena ue UI eoue;s!sse 1noA Jo;)S aM Aell •GOUOJa;aJ pue esn -mai(Jo; peyoE;;E sue pet/span} ueid a;!s/Aenins pue deity xe•L A;unoO ay;;o sa!doO I."900-4-S 4-000 4 11.101JO •en!JG Maw 141-1ON 069 :uo!;soo-! a;!g -punos pue!sI 6uoi ay; bu!oe;mueq au;}o do;eq;WOJ4;aa;-i-6E;e pue 'anus melA L!;JoN Buba} au!! ;uo-u ay; woJ} lee} --*0{7 ;e leoJed •}} 'be Ztr6'4q a uo 6u!!!amp nneN :uo!;dposea :smo!!o;se si uol;eo!!dde eq; 40 uo!;duosep y -uo!oru;suoo Mau 6u!sodoJd ej ;ueopdde yo!ynn u! uv!;cO!!dde ue eAEy eAA :uewe!;ue0 ;senbezi eoueueA po❑/euosse,L—uol;eo!lddy ysz :aZ{ 4064 4 AN `peel!J0n41:1 enueny Buw.po $Zi u;s!p uone. Jesuo3 Ja;EM'S' !!oS A;unoo a!!o}}nss • (sdeat idj(an//eyd Je!nbe )09Le-LeL XeJ E00Z '9 110JBLA.1 crTOH.Lf O S 3O NAAO.L • S''IVVddV :o Q?IvOS aau'slsoppsou•xAto7Piotpnos//:d1Iq 608X-591.(ice)auogdejex • � * = opuvjio;uaous� 17906-59L.(I£9) :3 HSZ � pr0 - MAIM 'O t rra 6S60-I1-611 3jx0AC .` A ea guiusoH a9soa.0 Xog •O a aro sagIIczgaor,, d pm/op P13011 TX 1i S60S usiuo etzmgO°sso;sq;,-v t;jp6^I /Tell umo.Y p/ommoS - iJ1, ge"/ "_✓_Al wAs,,.,.r S2igSYnj'3}% QlIVOfi STV' .1d'd NOII03 NNOJ 31IWI SSV NV ON Asr8 (Z-3 IIVd 3NI1 NO df1DNVH (£-3 NO21213 21Od NOSV321 E/E 110 09LELZL Xl AbOW3W LLL 3EVd 11f1S3N SS3d00d NOIldO 340W 31I3 Wd6t7:Z L EOOZ 'L 'n/IN : 03M1S/4311IWSNV 1 HOSIA0I3dflS OlOH1flOS :2134d3H XVd * * * ( Wd l5 :Z OOZ 'L 'NvW ) AOM 11f1S3H NOI1V '1WWoD * * * New York State Department of EL-__,,Dnmental Conservation Division of Environmental Permits ' Rm 121, Building 40-SUNY Stony Brook, New York 11790-2356 1111110111 Telephone(631)444-0365 - Facsimile (631) 444-0360 Erin M. Crotty Commissioner LETTER OF NON-JURISDICTION Claire Tassone September 12, 2002 3890 Maplewood Drive Seaford NY 11783 NYSDEC # 1-4738-03064/00001 Tassone Property 590 North View Drive Orient NY SCTM #1000-13-1-5.1 Dear Applicant: Based on the information you have submitted, the New York State Department of Environmental Conservation has determined'that: The property landward of the topographic crest of the bluff, labeled as the top of bank on the survey prepared by John T. Metzger last revised on 7/5/02, is beyond the jurisdiction of Article 25 (Tidal Wetlands). Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6 NYCRR Part 661) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this letter does not relieve you of the respom '_. , , obtaining any necessary permits or approvals from other agencie . e }i`i truly y► rs, / John A. Wieland Deputy Permit Administrator CC: Suffolk Environmental Consulting, Inc. BMHP File Albert J. Krupski,President - ,„,"" Town Hall James King,Vice-President ���' SVFRk 4 ;. 53095 Route 25 Artie Foster e•�� ®�j P.O.Box 1179 Southold, New York 11971-0959 Ken Poliwoda ® , PeggyA.Dickerson y Telephone(631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 15, 2002 • Mr. Matt D. !vans Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932-2003 RE: Tassone Property 590 North View Dr., Orient SCTM#13-1-5.1 Dear Mr. Ivans: The Southold Town Board of Trustees reviewed the survey dated June 28, 2002 and last revised July 5, 2002 and determined the construction of a single-family dwelling and associated improvements to be out of the Wetland jurisdiction under Chapter 97 of the Town Wetland Code and Chapter 37 of the Town Code. However, any activity within 100' of a Wetland line or seaward of the Coastal Erosion Hazard Area would require further review from this office. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, 41 kt- " Albert J. Krupski, Jr. President, Board of Trustees AJK:lms Suffolk Environmental Consulting, Inc® Newman Village,Main Street, P.O.Box 2003, Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5198 Bruce Anderson, M.S.,President HAND DELIVERED I November 22, 2002 Mr. Gerard Goehringer, Chairman Zoning Board of Appeals Town Hall 53095 Main Road;P.O. Box 1179 Southold,NY 11971 Re: Tassone property Situate: 590 North View Drive; Orient,NY SCTM#: 1000-013-01-005.1 Dear Mr. Goehringer, As per your request,please find attached herewith: (1) Copy of the Residential Contract of Sale,dated April 15, 2002 (seven [7] copies); (2) Survey of subject property,prepared by Peconic Surveyors, P.C., last dated July 5, 2002 (seven [7] copies); and (3) Copy of the correspondence from your office, dated November 21,2002,for easy reference. Kindly review the attached items and include with the pending Zoning Board of Appeals variance application concerning subject property. Should you have any questions regarding this matter, please feel free to contact this office at any time. Thank you in advance for your continued attention and consideration. Sincerely, • M: D. Ivans attachment cc: C. Tassone . I 24%a ' 1 /2_ 16'-8i2" 4j2" 17-z 2" a" . 1' Br 1 13-33/2" '-23/4" I I II 8$'-g3 4 ' '-1170" I . T_6 4I N I I I 1 N I1. i I. • I CO( 11 11 1 I V --i . : f __ _ _ � • 111 r:: I I � II III �- DM''Ihlck=-P sncs[xck,Taps l -� I o J ?nd c-aerie.f:of Ga.uJe o�'i�g I11*; I LL p 111 5;x1_!a.:ler ELroT - I v7 c i` 1 a d X ) 111 o` I tJ C: ( I Ill r • ( ill I I 1u 2'z3'.io'O.C.S-`..;daa:� 1 - - ;y . If— 3G`x 3o x i2'de=n r.�lh a:3'�hlCc r.R.�les:r c, 1 �—- - - ---�' II co ciele f d ng I pl laF�7 ani sta led " N -,- vi 1" - _.-:- - - • - T. - � �• __ - - - _ - III If I _ _ __ —__I (2)2'Y 12'Il�r poris urrk:tai pale ab.7ia ; y I III III III =(21 I ui ; „,.. 160213 ! . _ Li 2 CraGarage o - _ _ —__ - ..-• x I, III . 1 I i� I 41 I z 212' it'fla'.5 III=�x;eA ?6'x3R'x:2"deeal• illi :3,TaJei vial1171E-1e aL-a,e :9 concrete Znoling 1111 . in o 1 _ - _ l 111 ' Unfinished Cellar f ! �fV�—� ---- ix V F OI j! — X III !I :1°Iii' CONSTRUCTION i t � r III; j DRAWINGS IFOR: .�(flreae Area 1 �, :Ica-:n=�F.R.a �� : CLAIRE TAS SONE 1 a0 ' I c t :c;ed arei sp-=kl .! � ' ` L. - In 590 North View Drive i d I. _ —'� x I Orient;Town of Southold,NY I - - - 11 -- Vincent Franco, A.I.A. Ir- iI (516) 751 — 5354 1 13-0/2" 1 19' �" 17'-10/a ! . A. 1 50' 0" {t, 1.0 = 5.0' ± 4/z •121$" 451[" 1 a'-." 412 1 r=o- v j_ . - /. 4 - -_ l �� _ ` • - s I I,f -----%; !I L 11 . as z.07/2��//t i7/1117i1I/f --—=� _ --_--_: ( '/girt .-- - --t'l- - -- —r /. i _ F--' _, rc..: :;:,_ c„, 0 fi :7 Ni Gsi/r1 ' �I O :9 i i i t jlEg ! i! '1,11 -.,, KI - \'h— - --- I � i • p �,>..._,,, l sNrtcjR >ff,l I. � I I�'I in � r-11- II r tl Y II; ... ;--.:?1 1 ! 4 fi . / 7/ 14----_—r i 1 ?, 1 LI ,./. ,.. . _ 61 .., , . . , , . ;-r _ _I r - - - I- i/ J �I , 6 1 ;6 ?,�7l/}72427fff/r !T/171Ctlfffl - - . c I . . -\\, 0______-iii_i ;� t - LD / ✓W //7JI 17..(///1lT77-/Z7!///lllllLFlii i//r! //1 UJ//rl/7,7/127 Y7T_p__. _______ A , /., 0- 0 I zz .j,.– __— f- f /. i . _, :.s. , ,;____ ___H,1 P .., " —4 (/---4, ...." 4 0 i , ......,:A.,„ ,,:,\ , 7 rs—.4 .0.2 an l'ill . i fjo--. - ,,c:,, $ .2,. W) ---; ` CONSTRUCTION ,, , _i . ) DRAWINGS FOR: L!!ril .!i/li• / 1EL1 l I \ / RU �I 1;1 CLAIRE TASSONE / J �. 590 North View Drive I —; -•=-°nl Orient;Town of Southol NY _—. CUIFI�l 7!i_IfllJ7i7771_�lylLlr/u171 [ : ; i T1l/.//rG�'�l/!17%JIIJ%/rl!Uf//l/Il�lU1/TI1tT��IiJJ117? _.._ d' _� —� Vincent Franco, A.I.A. I I / N -/2111//4 I�). "-=' l��U/l_/T/�Zlllll. 2 1 (516) 751 — 5354 II 11 � 1 aV. 1r 13' 0 T9 '/2 IF;--r 1}_ , sr-o s1l . .'2 -'r--- — ^—;-_I _ — / A...12 4 1. 1.0 = 5.0' ± • t 5dr-0' 4 4 ,, 12'41" 43/2" 18'-4° _ 17'.113372° 7'.1 a 2' �11`` 2" ` 12" zee yrilirf/i r !s /or —. _ 72.--------------==4�.nr — a�rrrizJril rJJioi, J fJ 1 1/ %• 1 0 1 J N Open to Belau / / Bedroom • , _ : / / N. f1 / • Al 0 % '�!�` 1 J / Study / *- e r i / / N / i Os - -�; / /244 / ��, i / iv / / 1 ti,le M e / " V. , r i Hathway/ - -//rfiJior.% - i cJ // / N Q J � :fJ/► •• % , V/J//!!Y/f/JJr/J/fr!!IJ!/I. !/!!!I/I/JIJ/_ NtkiNd/ �� .44 / i Bathroom . / / ,, _ / I..l e / J rl / �., O J f �� / INN / Ori..~/izriiiirii.0firt/iiviirii� f.9. "` CONSTRUCTION ~` / / p+ DRAWINGS FOR: / Bedroom `. Bedroom J i N � + o / 4. -, s CLAIRE TAS SONE i / i o 590 North View Drive y • �• � r Orient;Town of Southold,NY � i� r/i�iiiiii �irriii / —a-; sryme••iiiirvrriiiiiw.owor z.e/ /i e.././ ir d Open to Below N. / v Vincent Franco, A.J.A.i i ii •iJ/irlliowouriiiiv/. (516) 751 — 5354 ii 12'-B. 4Y2" , t$'-4' lil-0�2 IT-6" 4 1.0" = 5.0' ± • THIS _ CONFORMS TO THE RESIDENTIAL CONTRACT OF SALE(NY•0 ATTORNEYS PLEASE NOTE:This document has been prepared on a computer-generated form containing text and punctuation identical to Bluntberg's standard form A125.All deletions from the standard form have been indicated by a Makeover All additions to the standard form are underlined. Jointly prepared by the Real Property Sections of the New York State Bar Association,the New York State Land Title Association,the Conwuttee on Real Proprerty Law of the Association of the Bar of the City of New York and the Committee on Real Properly Law of the New York Cowiry Lawyer's Association. WARNING NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW('PLAIN LANGUAGE'). THIS IS A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, WE RECOMMEND ALL PARTIES TO THE CONTRACT CONSULT AN ATTORNEY BEFORE SIGNING. NOTE:FIRE AND CASUALTY LOSSES AND CONDEMNATION This contract form does not provide for what happens in the event of fire,or other casualty loss or condemnation before the title closing Unless different provision is made in this contract,Section 5-1311 of the General Obligations Law will apply One part of that law makes a Purchaser responsible for fire and casualty loss upon taking possession of the Premises before the title closing. RESIDENTIAL CONTRACT OF SALE CO/liraa Of Sale made as of-February /3 2002 BETWEEN EDNA DOLL Address: 6 LA SALLE AVENUE, CRANFORD, NJ 07016 Social Security Number/Fed. I. D. No(s): hereinafter called "Seller" and J. MICHAEL°NULTYAND CLAREM- TASS,Q1illiusband and wife Address: 3890 Maplewood Drive, Seaford, NY 11783 rntLhatA 10kS'k"' Social Security Number/Fed. I. D. bet's): kd3 Sa 9-1 1� hereinafter called "Purchaser." The parties hereby agree as follows: 1. Premises.Seller shall sell and convey and Purchaser shall purchase the property, together with all buildings and improvements thereon(collectively the "Premises"), more fully described on a separate page marked "Schedule A," annexed hereto and made a part hereof and also known as: Street Address: 590 NORTH VIEW DRIVE,ORIENT,NY 11957 Tax Map Designation: 1000-13-1-5.1 . • Together with Seller's ownership and rights, if any, to land lying in the bed of any street or highway, opened or proposed, adjoining the Premises to the center line thereof, including any right of Seller to any unpaid award by reason of any taking by condemnation and/or for any damage to the Premises by reason of change of grade of any street or highway. Seller shall deliver at no additional cost to Purchaser, at Closing(as hereinafter defined), or thereafter, on demand, any documents that Purchaser may reasonably require for the conveyance of such title and the assignment and cojlection of such award or damages. 2. Personal Property. (THIS SALE iS FOR VACANT LAND ONLY) This sa l fixtures and-articles-of-personal--property new attached-er-appu ' -.. ..less spec-ifeally luded-below eller-represent$--and-warrants that at Closing•t ey will-be-paid-for-and owned-by-Seller—free-and-eleac-of all4iens-and-encumbrances, except-any existing-mortgage-to-which this sale-may-be-subject. They-include;but-are-net-liH}ited-tot plumbing;-heating, lighting-and-cooking fixtures1-bathroom-and-kitchen cabinets,mantels;door-mitrers, switch-plates-and-deer-hardwares venetian-blfnds-window-treatments, shadesi-ssreens wnings;-storm-windows,storm-doors,window boxes;mail box,TV aerial;weather-vanes;flagpelc,pump-shrubber.7— acing;eutdeer-statuar}; NYSBA PRACTICE FORMS 3/98 RET006 -1- tool-shedr-lishwasher-washing-machine lothes-dryer arbage-disposal-unit;range;oven refs igerators-freeaer;-air-conditioning-equipment-and-installatiens�vall-to-wall-earpeting-and-built-ins not-excluded-below-(strike-out-inapplicable-items)as-same--may-presently-exist-en-premises-and-all-in "as-is=emldition= xcluded-from-this-saleat-e-furniture-and-household-furnishings and M./Aim 6_: 7uc,�t'lt/ /-rvc'_. 7 c,9,4s D 3. Purchase Price.The purchase price is POUR-HUNDRED SIXLY-ONE-TIIOUSAND DOLLARS •i' --- $46000:00 payable as follows: (a) on the signing of this contract, by Putchaset's check payable to the Escrowee(as hereinafter defined), subject to collection, the receipt of which is hereby acknowledged, to be held in escrow pursuant to paragraph 6 of this contract(the "Downpayment"): $46400.00 (b) by allowance for the pi incipal amount unpaid on the existing trot tgage on the date hereof, payment of which Purchaser shall assume by joinder in the deed: $0 (c) by a put chase money note and mortgage from Purchaser to Seller: $0 (d) balance at Closing in accordance with paragraph 7. )s4Z7]mt,--$411,900:00 4. Existing Mortgage. (Delete if inapplicable) If-this-sale-is-subject-to-an existing-mortgagees i nd ieated-in-paragraph-3(b)-above: —(a)-The-P-remises-steall-be-conveyed-subject-to-the-eentinuing-lien-of-the-e-Listing-mortgage,which is-presently-payable, with-interest-at-the-rate-of percent-perannum-in-monthly installments-ef $ which--include-principal;-intere-st-and-escrow-amounts;if-any;and-with-airy-balance of principal-being-due-and-payable-on —(b)-To-the extent-that-any-required-payments-are-made-en-tlte-existing- mortgage-between-the-dale lmereof-and-Glosing-which-reduce-the-unpaid-prine-ipal-amount-thereof-below-the-amount-shown-in paragraph-3(b)-tlten-the-balance-of-the-prices payable-at-Closing-under-paragraph-3(d)-shall-be increased-by-the-amount-of-the-payments-of-pt represents-and-warrants-that-theamount shown-i n-paragraph-3(b)-is-substantially--correct-and-agrees-that-on I y-payments-requ fired-by-the-existing mo rtgage-will-be-made-b etween-the-date-hereo€and-C-lestng- (e)-If-there-isa-morlgagee-escmow-aec-ounti-Seller-shall-assign-it-to-Purchaser;-if-it-can-be assigned;and-in-that case-P-urehaser-shall-pay-theameunt-in-the-escrow-account-to-Seller-at-Elesing: —(d)-Seller-shall-deliver-to-Purchaser-at-Elosing a certificate-dated-net-more-than-30-days-before Elosing-signed-by-the-holder-of-the-existing-mortgage,-in-form-for-recording;certifying-theamount-of the-unpaid-principal,-the-date-te-whish-interest-has-been-paidand-theameunts, if any,claimed-to-be unpaid-for-principaland-interest;itetniaing-the-same,Seller-shall-pay-the-fees for-recording-such • certificate. If the-holder-of-the-existing-mortgage-isa-bank-or other-institutienas-de€tned-in-Seetien 274-a-of-the-Real-Property Law-it-may,-instead-of-the certificate, furnishes-letter signed-by a duly author-iced-officer;employee-or agent dated-not-nere-than- O-days-before Closing entaining-the same-infer-mation- -(e)--Seller-representsand-warrants-that-(i)-Seger-has-delivere-dd-to-P-urchaser true-and-complete copies-of-the-existing-mortgage-the-note-secured-therebyand-any extensions-and-modifications thereof,-(-ii)-the existing-mortgage-is-not-aiow andat-the-time-of-Elosing- ilMot-be;in-default and (iii)-the-existing-mortgage-does-not-contain-any prevision-that-permits-the-helder_ef-the-mortgage-te requiro-its-inunediate-payment-m-fuIl-oi-te-ehangeanyother-term-thereof-by-reason-ethe-sale-or conveyance-of-the-Premises: 5. Purchase Money Mortgage. (Delete if inapplicable) If4here-is-to-bea-pur-chase-money-mortgage as-indicated-in-paragraph-3(e)-above- —(a) :The-purchase-money-note-and-mortgage-shad-be-drawn-by-the-attorney for Seller-in-the-form attached-or -if-net in-tlte standard-fortn-adepted-by-the-New-Yerk-State Land-Title Association, Purchaser-shall-payat-Elosing-he-mortgage-recording tax---recording-feesand-theattorney's fees-in the-amount-of$ for-its-preparation- -(b)--The-purchase-money-noteand-mortgage-shall-also-prev-ide-that-it-is-subject-andaubordinate-to Elle-lien-of-time existing-mortgage-and-any-extensionsr-modi€ications;replacements-or-consolidations-of the-e-xistmg-mortgage;provided-that-(i•)-the-interest-rate-thereof shall-not-be-greater-than percent per-annumand-the-total-debt-ser-vice thereunder-shall-not-be-greater-than$ per-annum;and (ii)-if-the-principal-amount-thereof-shall exceed-the-amount-,Of-principal-owing-and-unpaid-on-the existing-mortgageat-the-time-of-plaeing-such-new mortgage-er-eonselidated-mertgage;the-€xcess-be RE' NYSDA PRACTICE FORMS 3/98 -2- paid-to-the-holder-o f-sueh-purehase-money-mortgage-in-reduction-of-the-principal-thereof.—The purchase-money-mortgage-shall-also-provide-that-such-payment-to-the-folder--the-reof-shall-net-alter-or- a fleet-the-regular-installments,-if-any,-of-principal-payable-thereunder-and-that-the-holder-thereof-wit l; on-demand-and without-eharge-therefor ecute;aeknowledge-and-cleliv€Eanyagreement-or agreements-further-to-effec-tuate-such-suberd ination- 6. Downpayment in Escrow. (a)Seller's attorney("Escrowee")shall hold the Downpayment for Seller's account in escrow in a segregated bank account at SUFFOLK COUNTY NATIONAL BANK, Main Road, Cutchogue, NY.,until Closing or sooner termination of this contract and shall pay over or apply the Downpayment in accordance with the terms of this paragraph. Esciowee shall(not)(Delete if inapplicable)hold the Downpayment in au interest-bearing account for the benefit of the parties. If interest is held for the benefit of the pal ties, it shall be paid to the party entitled to the Downpayment and the party receiving the interest shall pay any income taxes thereon. If interest is not held for the benefit of the parties, the Dowupayment shall be placed in an IOLA account or as otherwise permitted or required by law. The Social Security or Federal Identification numbers of the parties shall be finnrished to Escrowee upon request. At Closing, the Downpayment shall be paid by Escrowee to Seller. If for any reason Closing does not occur and either paity gives Notice(as defined in paragraph 25) to Escrowee demanding payment of the Downpayment, Escrowee shall give prompt Notice to the Mimi party of such demand. If Escrowee does not receive Notice of objection from such other party to the proposed payment within 10 business days after the giving of such Notice, Escrowee is hereby author ized and directed to make such payment. If Escrowee does receive such Notice of objection within such 10 day period or if for any other reason Esciowee in good faith shall elect not to make such payment, Escrowee shall continue to hold such amount until otherwise directed by Notice from the parties to this contract or a final, nonappealable judgment, older or decree of a court. However, Escrowee shall have the right at any time to deposit the Downpayment and the interest thereon with the clerk of a court in the county in which the Premises are located and shall give Notice of such deposit to Seller and Purchaser. Upon such deposit or other disbursement in accordance with the terms of this paragraph, Escrowee shall be relieved and discharged of all further obligations and responsibilities hereunder. (b) The parties acknowledge that, although Escrowee is holding the Downpayment for Seller's account, for all other purposes Escrowee is acting solely as a stakeholder at their request and for their convenience and that Escrowee shall not be liable to either party for any act or omission on its part unless taken or suffered in bad faith or in willful disregard of this contract or involving gross negligence on the part of Escrowee. Seller and Purchaser jointly and severally agree to defend, indemnify and hold Escrowee harmless flour and against all costs, claims and expenses(including reasonable attorneys' fees) incurred in connection with the performance of Escrowee's duties hereunder, except with respect to actions or omissions taken or suffered by Escrowee in bad faith or in willful disregard of this contract or involving gross negligence on the part of Escrowee. (c) Escrowee may act or refrain from acting in respect of any matter referred to herein in full reliance upoil and with the advice of counsel which may be selected by it(including any member of its firm)and shall be fully protected in so acting or refraining from acting upon the advice of such counsel. (d) Escrowee acknowledges receipt of the Downpayment by check subject to collection and Esctowee's agreement to.the provisions of this paragraph by signing in the place indicated on the signature page of this contract. (e) Escrowee or any member of its firm shall be permitted to act as counsel for Seller in any dispute as to the disbursement of the Downpayment or any other dispute between the parties whether or not Escrowee is in possession of the Downpayment and continues to act as Escrowee. 7. Acceptable Funds. All money payable wider this contract, unless otherwise specified, shall be paid by: (a) Cash, but not over$1,000.00; (b) Good certified check of Put chaser diawn on or official check issued by any bank,savings bank, Must company or savings and loan association having a banking office in the State of New York, unendorsed and payable to the order of Seller, or as Seller may otherwise direct upon not less than 3 business days notice(by telephone or otherwise)to Purchaser; (c) As to money other than the purchase price payable to Seller at Closing, uncertified check of Purchaser up to the amount of$500.00; and (d) As otherwise agreed to in writing by Seller or Seller,'s attorney. NYSBA PRAM ICE FORMS 3/98 RE F006 -3- 8. Mortgage Contingency. (See RIDER ATTACHED)(a)t=he-ebligations-of-Purchaser-hereunder are-conditioned-upon-issuance on-er-before , 19_, (the--Commitment Date")of a written-commitment-frem-any-Institutional-Lender-pursuant-to-which-such}-Institutional-bender-agrees to-make-a-first-mortgage-lean,-other-than a VA, FI4A-er-ether-governmentally insured-lean,-te Purchaser;at PurchaserIs-sole test-and-expense,of$ or-such-lesser sum-as-Purchaser shall-be willing to accept at-cite-prevailing-fixed-rate of interest-net-to-exceed or-initial adjustable-rate-of-interest-net-to exceed forZa-term-of-at-least years and-en-other custemary-cemmitmen*ins;whether-or-not-cenditional-upon-any faccters-ether-than-aa-appraisal satisfactory-to-the-Institutional--bender-Fer-purposes-of-th s-contract, the term "institutional-header'-' shall-mea-n-anyyear'-,saTings-bank;private-banker,-trust-company, savingsion; credit-union-er-similar-banking institution-whether-organized-under-the-lawfref-this state, the-United States-erany-other state foreign-b anking-cerperatien-licensed-by-the-Superintendent ef-Banks-ef-New York-or-the-comptroller of the-currency to transact-business in-New-Perk State; insurance-company duly-organized-or-licensed-to-do-business in-New-York State;mortgage banker-licensed-pursuant-to Article 12 D of-the-Banking Law;and-any--instrumentality created by-the4Jnited-States-or any state with-the-power-to-make-mortgage-loans. Purchaser-shall(i)make-prompt-application-toan-Institutional bender-for-such-mertgage4oan-(iii)-garnish accurate-and-complete-information regarding-Purchaser and-members-of Purchaser's family,as required, (iii)pay-all-fees;peints-and-cl}arges-required in connection-with-such-application-and-lean iv)pursue-such application-with-diligence,-(v)cooperate in-geed-faith-wit -such-Institutional Lender-to-obtain--such-commitment-and )promptly give Notice to-Seller-of-the nameandaddress-ofeach-lnstitutienal--bender-to-whi e-sueh appl♦cation-Purchaser-shall-comply-with-all-requirements-o€-such-commitment-(er-any-ether commitment-accepted by Purchaser)and-shall-furnish-Seller-with-a-cepy-thereof-promptly-after receipt thereof. If such-commitment is net-issued-en-er-befere-the-commitment-Date, then;unless-Purchaser has-accepted-a-commitment-that-does-not-comply-with-the-requirements-set-forth-above urchaser may-cancel-this-contract by giving-Notice to Seller within4-business-daysafter-the-cemmitment-Date; in-which-case-this-contract shall-be-deemed-cancelledand-therea .either-party-shall-have-any further-rights-against;-or-obligations-or4iabilities-to,the-ether by reason-of-his-eontra«�,c,-encept-that the-Bownpayment-shall-be-promptly-refunded-te-P .aser and ept--asset rth-in-paragraph 27. If Purchaser fails-to--give-notice-of cancellation-ems if.Purchaser—shallaccept-a commitment that does-not comply-with-the-terms-set-forth above,-then-Purchaser-shall-be-deemed-to-have. ed Purchaser's right to cancel this contract-and-to-rete res-refaund-ehthe-Dewnpayme..-by-ceasen-of-theaentingency contained-in-this-paragraph. (Delete if inapplicable)(b)Purchaser-and-Seller-agree-that-the-submission ofan-application-to-a-mortgage-broker registered-pursuant t icle 12 D of the New York Ba.king Law-(-'Mortgage-Brekerhall-eenstitute-full-compliance-with}-the-ternts-and-conditions-set-forth}--in paragraph-8(a)(i)-ef-tltis-contract;and-that-Purehtaser's-c-eeperatien-in-geed-faithivith-sushi-Mortgage Broker-te-obtain-a-commitment-frem-an-Institutional-header-(together-with-Purchaser's-cooperation-in geed-faith-withany-Institutional-bender-te-which-Purchaser's application-has-been-submitted by such Mortgage Breker)�and-the-prompt giving-o€-Notice by Purchaser to Seller-of-the-name-and-address-ef each-Mortgage-Broker-to-which Purchaser-has submitted--such-an-application-shall-constitute-full compliance with-the--terms-and--conditions set-forth-in paragraph-8(a)(v)and-(vi)-e€-this-contract. 9. Permitted Exceptions.The Premises are sold and shall be conveyed subject to: (a) Zoning and subdivision laws and regulations, and landmark,historic or wetlands designation. provided-that-they are-not-violated by the existing-buildings and-improvements-erected-on-the-property er-their-use; - (b) Consents for the erection of any structures on, under or above any streets on which the Premises abut; (c)--Encroachments of steeps,areas;cellar-steps;trim-and-cornices, if any,upon-any-street-or highway,- (d) ighway,(d) Real estate taxes that are a lien, but are not yet due and payable; and (e) The other matters, if any, including a survey exception, set forth in a Rider attached. 10. Governmental Violations and Orders. (a)Seller shall comply with all notes or notices of hPieirt violations of law or municipal ordinances,orders or requirements noted or issued as of the date }e '� by any governmental department having authority as to'lands, housing, buildings, fire,health, environmental and labor conditions affecting the Premises. The Premises shall be conveyed free of them at Closing. Seller shall furnish Purchaser with any authorizations necessary to make the searches that could disclose these matters. RETOOL NYSBA PRACTICE FORMS 3/98 -f- —(b)—(nel ;e-if-i,pp1ieable)-All-obligations-affeating-the Premmises-pursuant the-Administrative Cede-of-the-Gity-of-New York-ineurred-prior to Closing-and-payable-in-money-shall-be-discharged-by Seller-at-or-prior to Closing- 11. Seller's Representations. (a)Seller represents and warrants to Purchaser that: (i) The Premises abut or have a right of access to a public road; (ii) Seller is the sole owner of the Premises and has the full right,power and authority to sell, convey and transfer the same in accordance with the terms of this contract; (iii)Seller is not a "foreign person," as that term is defined for purposes of the Foreign Investment in Real Property Tax Act, Internal Revenue Code("IRC")Section 1445, as amended, and the regulations promulgated thereunder(collectively "FIRPTA"); (iv) The Premises are not affected by any exemptions or abatements of taxes; and (v) Seller has been known by no other name for the past ten years, except NONE (b) Seller covenants and warrants that all of the representations and warranties set forth in this contract shall be true and correct at Closing. (c) Except as otherwise expressly set forth in this contract, none of Seller's covenants, representations, warranties or other obligations contained in this contract shall survive Closing. 12. Condition of Property. Purchaser acknowledges and represents that Purchaser is fully aware of the physical condition and state of repair of the Premises and of all other property included in this sale, based on Purchaser's own inspection and investigation thereof, and that Purchaser is entering into this contract based solely upon such inspection and investigation and not upon any information, data, statements or representations, written or oral, as to the physical condition, state of repair,use, cost of operation or any other matter related to the Premises or the other property included in the sale, given or made by Seller or its representatives,and shall accept the same "as is" in their present condition.and-state-ef-repair;subjeet-to-yeas tura the-date-hereof-and-the-date of closing(except-as-otherwise set-forth-n-paragraph-16(f)),without-any reduction-in-the-purchase-price-or-elaim-oany-;rind-for-any-change-in-such-eenditien-byy-reasen thereof subsequent to the-date-e€ his-contraeh-Purehascr and-its-authorized-representatives-shall-have the-right,at-reasonable-tithes-and-upon-reasonable-not se-(blephene-erotherwise)-te-Seller;to inspect-he-Premises-before Closing 13. Insurable Title.Seller shall give and Purchaser shall accept such title as any recognized title company or abstract company with ACTUAL OFFICES IN SUFFOLK COUNTY shall be willing to approve and insure in accordance with its standard form of title policy approved by . the New York State Insurance Department, subject only to the matters provided for in this contract. 14. Closing,Deed and Title. (a) "Closing" means the settlement of the obligations of Seller and Purchaser to each other under this contract, including the payment of the purchase price to Seller, and the delivery to Purchaser of a Bargain&Sale with covenants against grantors acts deed in proper statutory short form for record,duly executed and acknowledged,so as to convey to Purchaser fee simple title to the Premises, free of all encumbrances,except as otherwise herein stated. The deed shall contain a covenant by Seller as required by subd. 5 of Section 13 of the Lien Law. • (b) If Seller is a corporation, it shall deliver to Purchaser at the time of Closing(i)a resolution of • its Board of Directors authorizing the sale and delivery of the deed,and(ii)a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with that Section. 15. Closing Date and Place. Closing shall take place at the office of CAMINITI&GIBBONS, LLP,53345 Main Road(Feather Hill), (P.O.Box 846),Southold,NY 11971 at 10:00 A.M. o'clock on/or about fifteal (15) days frun the receipt by the Rn:damers of a valid building permit for the crritru±.icn of a single-fandly dwelling i99t-&jm"-ft. at the subject -anises, or, won reale entice Ow telghrne or otlrswi_m) bl Furc amr, atJ the office of the lending Irstitutial. NYSIIA PRACTICE FORMS 3/98 REr006 -5- • 16. Conditions to Closing. This contract and Purchaser's obligation to purchase the Premises are also subject to and conditioned upon the fulfillment of the following conditions precedent: (a) The accuracy, as of the date of Closing, of the representations and warranties of Seller made in this contract. (b)--The-deliver by-Seller-to-Purehaset-o1=a valid-and-subsisting-Gertilie-ate-of-Oesupane ee outer-required-eertifieate-ef-compliance er-evidense-that-none-was-required evering-the-buildings) and-all-oftlte-outer-improvements-loeated-on-trio-propel ty-author-iaing-their-ase-as-a-one-family d well ing-at-the-date-of-Clos ing- —(e)--The-deliver by-Seller-to-Purehaser-of a duly-executed-and-sworn-affida-vii-(in-term preseribed-by-law)claiming-exemption-of-the-sale-contemplated-hereby;-if-such-be-tlte-Ease;under- Artieie-3-1-B-uric-Pax-L-aw-of-the-State-of-{slew--York-and-the-Regulations-promulgated-thereunder;as the-same-may-be-amended-from-time-te-time-(eolleetively the"6ains-Tax Law"); or-if-sueh-sale-shall net-be-exempt-under-the-Gains Tax Law, Seller-and-P-urehaser-agree-te-comply-in-a-timely-manner with-the-requirements-of-the Gains-IF-ex-Law-and-rat Closing, Seller-shall-deliver-to-P'urehaser-(i)-an effteial-return-showing-no-tax due;or-(ii)an-official-return-accompanied-by-,a certified-or-effisiaPbank cheek-drawn-en-a-New f=ork-State-banking-institution-payable-to-the-order-o€-the-New York-State Department-of Taxation-and-1iinanc-e-in-the-amount-ePthe-tax-shown-te-be-due-tltere-en:-Seller-sha1P(x) pay-promptly-any-additional--tax-that-may-become-due-under-the Gains Tax Law-,--together with-interest and-penalties-thereon-ifanyi-vhieh-may-be-assessed-of-become-due-after Closing and/or execute-any ether-documents-that-may-be-required-in-reapec-t--thereof--and-(y)-indemnif lefend-and-save Purchaser-harmless-from and-againstany-ef-the-foregoing-and-any-damage;4iability;cost-or expense (including-re-asonable-atterteys=fees)-which-may-be-suffered-er-incurred-by-P-urehaser-by eason-of the--nonpayment-there-of:-The-provisions-of-this-subpar-agraph-(c-)-shall-survive Closing (d) The delivery by Seller to Purchaser of a certification stating that Seller is not a foreign person, which certification shall be in the forst then required by FIRPTA. If Seller fails to deliver the aforesaid certification o1 if Purchaser is not entitled under FIRPTA to rely on such certification, Purchaser shall deduct and withhold from the purchase pi ice a sum equal to 10% thereof(or any lesser amount permitted by law)and shall at Closing remit the withheld amount with the required Ruins to the Internal Revenue Service (e)-=he-delivery-efthe-P-remises-and-al I-buildings(s)-and-improvements-Comprising-a-part-thereo f ht-broom-clean-Condition;vacant-and-free-of-leases-or-tenancies together-with-keys-to-the-Premises. (f)—All-plumbing-(including-water-supply-and-septie-systems;-if-any)rheating-and air conditioning ifany;elestrieal-and-mechanical-systems;equipment-and-machinery in-the-buildings(s) located-en-the-property-and-all-applianeea-which-are-included-in-this-sale-being-in-verking-order as-of the-date-of closing- (g)-If-the-P-remises are--a-ene-or-two-family-heuserielivery--by-tlte-parties-at-Glesing-efaffidavits hi-cempl fiance-with-state-and-local-law-requ irements-to-the-effect-that-there-is-installed-in-the-Premises a-smoke-detecting-alarm-device-oF-devise-s: (It) The delivery by the patties of any other affidavits required as a condition of recording the deed. 17. Deed Transfer and Recording Taxes. At Closing, certified or official bank checks payable to the order of the appropriate State, City or County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the deed or mortgage, if any, shall be delivered by the party required by law or by this contract to pay such transfer and/or recording tax, together with any required tax returns duly executed and sworn to, and such party shall cause any such checks and returns to be delivered to the appropriate officer promptly after Closing. The obligation to pay any additional tax or,deficiency and any interest or penalties thereon shall survive Closing. 18. Apportionments and Other Adjustments; Water Meter and Installment Assessments. (a)To the extent applicable, the following shall be apportioned as of midnight of the day before the day of Closing: (i) taxes,water-charges-and-sewer-rents, on the basis of the lien Fiscal period for which assessed (December 1 to November 301); (ii}fuel;(iii)-interest-on-the-existing-mortgagees premiums-on existing-transferable-insurance-policies-and-renewals-of these-expiring-prior-te-Glesing; vault charges;-(-vi)-rents-as-and-when-Eelleeted;(vii)Association dues. (b) If Closing shall occur before a new tax rate is fixed, the appo►tiomuent of taxes shall be upon the basis of the tax rate for the immediately preceding fiscal period applied to the latest assessed valuation. REI 006 •6- NYSBA I'RACTICE FORMS 3/98 . r (s)-1f-there-isa-water-meter-on-the-P-remises,Seller-shall-furnish-a-reading-to-a-date-not-more than-30-days-before-Elosing-,and-the-unfixed-meter-ehargeandaeweErent if-any shall-beapportioned o n-lhe-bas i s-o f-sueh-las t-read i ng- (d) if at the date of Closing the premises are affected by an assessment which is or may become payable in annual installments, and the first installment is then a lien, or has been paid, then for the puiposes of this contract all the unpaid installments shall be considered due and shall be paid by Seller at or prior to Closing. (c) Any ei tors or omissions in computing apportionments or other adjustments at Closing shall be coxrcctcd within a reasonable time following Closing. This subparagraph shall survive Closing. 19. Allowance for Unpaid Taxes, etc. Seller has the option to credit Put chaser as au adjustment to the put chase pt ice with the amount of any unpaid taxes, assessments, water charges and sewer lents, together with any interest and penalties thereon to a date not less than five business days after Closing, provided that official bills therefor computed to said date are produced at Closing. 20. Use of Purchase Price to Remove Encumbrances. If at Closing there are other liens or encumbrances that Seller is obligated to pay or discharge, Seller may use any portion of the cash balance of the purchase price to pay or discharge them,provided Seller shall simultaneously deliver to Purchaser at Closing instruments in recordable form and sufficient to satisfy such liens or encumbrances of record, together with the cost of recording or filing said instruments. As an alternative Seller may deposit sufficient moneys with the title insurance company employed by Purchaser acceptable to and requii ed by it to assure their discharge, but only if the title insurance company will insure Purchaser's title clear of the matters or insure against their enforcement out of the Premises and will insure Purchaser's Institutional Lender clear of such matters. Upon notice(by telephone or otherwise), given not less than 3 business days before Closing, Purchaser shall provide separate ceitified or official bank checks as requested to assist in clearing up these matters. 21. Title Examination;Seller's Inability to Convey;Limitations of Liability. (a)Purchaser shall order an examination of title in respect of the Piemises from a title company licensed or authorized to issue title insurance by the New York State Insurance Department of any agent for such title company promptly after the execution of this contract or, if this contract is subject to the mortgage contingency set forth in paragraph 8, after a moi tgage conunittwent has been accepted by Purchaser. Purchaser shall cause a copy of the title report and of any additions thereto to be delivered to the attorney(s) for Seller pi omptly after receipt thereof. (b)(i) If at the date of Closing Seller is unable to transfer title to Purchaser in accordance with this contract, or Purchaser has other valid grounds for refusing to close, whether by reason of liens, encumbrances or other objections to title or otherwise(herein collectively called "Defects"), other than those subject to which Purchaser is obligated to accept title hereunder or which Purchaser may have waived and other than those which Seller has herein expressly agreed to remove, remedy or discharge and if Purchaser shall be unwilling to waive the same and to close title without abatement of the purchase price, then, except as hereinafter set forth, Seller shall have the right, at Seller's sole election, either to take such action as Seller may deem advisable to remove, remedy, discharge or comply with such Defects or to cancel this contract; (ii) if Seller elects to take action to remove, remedy or comply with such Defects, Seller shall be entitled from time to time, upon Notice to Purchaser, to adjourn the date for Closing hereunder for a period or periods not exceeding 60 days in the aggregate(but not extending beyond the date upon which Purchaser's mortgage conunittnent, if any, shall expire), and the date for Closing shall be adjourned to a date specified by Seller not beyond • such period. If for any reason whatsoever, Seller shall not have succeeded in removing, remedying or complying with such Defects at the expiration of such adjouriunent(s), and if Purchaser shall still be unwilling to waive the same and to close title without abatement of the purchase price, then either patty may cancel this contract by Notice to the other given within 10 days after such adjourned date; (iii)notwithstanding the foregoing, the existing mortgage(unless this sale is subject to the sauce)and any matter created by Seller after the date hereof shall be released,discharged or otherwise cured by Seller at or prior to Closing. (c) If this contract is cancelled pursuant to its terms, other than as a result of Purchaser's default, this contract shall terminate and come to an end, and neither party shall have any further rights, obligations or liabilities against or to the other hereunder or otherwise, except that: (i)Seller shall promptly refund or cause the Escrowee to refund the Downpayment to Purchaser and, unless cancelled as a result of Purchaser's default or pursuant to paragraph 8,,to reimburse Purchaser for the net cost of examination of title, including any appropriate additional charges related thereto, and the net cost, NYSBA 1'RAcm ICE FORMS 3/98 RE1006 } if actually paid or incurred by Put chaser, for updating the existing survey of the Premises or of a new survey, and (ii)the obligations under paragtaph 27 shall survive the termination of this contract. 22. Affidavit as to Judgments, Bankruptcies,etc.If a title examination discloses judgments, bankruptcies or other returns against pet sons having names the same as or similar to that of Seller, Seller shall deliver an affidavit at Closing showing that they are not against Seller. 23. Defaults and Remedies. (a)If Purchaser defaults hereunder, Seller's sole remedy shall be to receive and retain the Downpayment as liquidated damages, it being agreed that Seller's damages in case of Purchaser's default might be impossible to ascertain and that the Downpayment constitutes a fair and reasonable amount of damages under the circumstances and is not a penalty. (b) If Seller defaults hereunder, Purchaser shall have such remedies as Purchaser shall be entitled to at law ot in equity, including, but not limited to, specific performance. 24. Purchaser's Lien. All money paid on account of this contract, and the reasonable expenses of examination of title to the Premises and of any survey and survey inspection charges, are hereby made liens on the Premises, but such liens shall not continue after default by Purchaser under this contract. 25. Notices.Ally notice or other conuuunication("Notice")shall be in writing and either(a)sent by either of the parties hereto or by their respective attorneys who are hereby authorized to do so on their behalf of by the Escrowee, by registered or certified mail, postage prepaid, or (b)'delivered in person or by overnight courier, with receipt acknowledged, to the respective addresses given in this contract for the party and the Escrowee, to whom the Notice is to be given,or to such other address as such party or Escrowee shall hereafter designate by Notice given to the other party or pat ties and the Escrowee pursuant to this paragraph. Each Notice mailed shall be deemed given on the third business day following the date of mailing the same, except that any notice to Escrowee shall be deemed given only upon receipt by Escrowee and each Notice delivered in person of by overnight courier shall be deemed given when delivered. 26. No Assignment.This contract may not be assigned by Purchaser without the prior written consent of Seller in each instance and any purported assignment(s)made without such consent shall be void. 27. Broker. Seller and Purchaser each represents and warrants to the other that it has not dealt with any real estate broker in connection with this sale other than CENTURY 21 ALBERTSON, 110 FRONT ST., GREENPORT,NY, 11944("Broker")and Seller shall pay Broker any conunission earned pursuant to a separate agreement between Seller and Broker. Seller and Purchaser shall indenmify and defend each other against any costs, claims and expenses, including reasonable attorneys' fees, arising out of the breach on their respective parts of any representation or agreement contained in this paragraph. The provisions of this paragraph shall survive Closing or, if Closing does not occur, the termination of this contract. 28. Miscellaneous. (a)All prior understandings, agreements,representations and warranties, oral or written, between Seller'and Purchaser ate merged in this contract; it completely expresses their full agreement and has been entered into after full investigation, neither party relying upon any statement made by anyone else that is not set forth in this contract. (b) Neither this contract nor any provision thereof may be waived, changed or cancelled except in writing. This contract shall also apply to and bind the heirs, dish ibutees, legal representatives, successors and permitted assigns of the respective parties. The parties hereby authorize their respective attorneys to agree in writing to any changes in dates and time periods provided for in this contract. (c) Any singular word or term herein shall also be read as in the plutal and the neuter shall include the masculine and feminine gender, whenever the sense of this contract may require it. (d) The captions in this contract are for convenience of reference only and in no way define, limit or describe the scope of this contract and shall not be considered in the interpretation of this contract or any provision heteof. (e) This contract shall not be binding ot effective until duly executed and delivered by Seller and Purchase'. (I) Seller and Purchaser shall comply with IRC reporting requirements, if applicable. This subparagraph shall survive Closing. 12E1006 NYSIA PRACTICE FORMS 3/98 -8- • (g) Each party shall, at any time and from time to time,execute, acknowledge where appropriate • and deliver such further instruments and documents and take such other action as may be reasonably requested by the other in order to carry out the intent and purpose of this contract. This subparagraph shall survive Closing. (h) This contract is intended for the exclusive benefit of the parties hereto and,except as otherwise expressly provided herein,shall not be for the benefit of, and shall not create any rights in, or be enforceable by,any other person or entity. IN WITNESS WHEREOF, this contract has been duly xecu -d by •-•p. ties her,o. X .*.S/(44.(-20-0/ � //,, L Seller MICHAEL J. `?- ir Purchaser Seller CLARE M. TASSONE Purchaser Attorney for Seller: Attorney for Purchaser: CAMINITI&GIBBONS,I:LP J. KEVIN MC LAUGHLIN,ESQ. Address:53345 Main Rd. (P.O.Box 846) Address: 44210 County Road 48 Southold, NY 11971 Southold,NY 11971 Tel.:631-765-5900 Fax:631-765-5902 Tel.:631-765-6085 Fax:631-765-1856 Receipt of the Downpayment is acknowledged and the undersigned agrees to act in accordance with the provisions of paragraph 6 above. Paul A.Caminiti Escrowee Contract of Sale PREMISES Title No. Section Block Lot County or Town • Street Number Address . TO IEPA AND HUD Lead Paint Regulations:Owners of pre-1978 housing must disclose known lead-based paint hazards to purchasers. • ( NYSBA PRACTICE FORMS 3/98 RETOOS -9- ,o®.65 January 30, 2003 T •I ,' Clare Tassone 3890 Maplewood Drive fEB " 5 Seaford, NY 11783 Home 516-783-1809 '- Office 212-947-7474 t ____ Southhold Town Hall Ms. Lydia Tortora-Chairwoman P.O. Box 1179 Southold, NY 11971 RE: Variance hearing on 590 Northview Drive Orient, NY Dear Ms. Tortora, I have been made aware by Paula Quintyieri of your office that I had been assigned a Variance hearing date of February 20th,unfortunately I will be out of the country on business. I therefore request a hearing date of March 20`h' as I understand that this is the next scheduled hearing date. I appreciate your consideration and look forward to meeting you on March 20`h. For your records here is my attorneys contact information: Mr. Kevin McLaughlin Winds Way Professional Center 44210 Route 48 P.O. Box 1210 Southold, NY 11971 Thank you, Clare Tassone •• • 4111/ Quintieri, Paula From: Quintieri, Paula Sent: Wednesday, January 29, 2003 10:18 AM To: 'Clare and Mickey' Subject: RE: Property status Dear Clare, Your application #5272 is scheduled for our February 20th, 2003 Public Hearing. An agenda has not been finalized, however, you will most probably be scheduled for the morning session. If you have any further questions, please do not hesitate to call us. Thank you. Paula Quintieri Original Message From: Clare and Mickey [mailto:ctas@optonline.net] Sent: Tuesday, January 28, 2003 8:28 PM To: Paula.Quintieri@Town.Southold.ny.us Subject: Property status Dear Paula Tassone property 590 North View Drive Orient,NY sctm:-013-01-005.1 Im checking back with you to find out our status with the ZBA.If you could kindly give me any time frame as to when the board will review our property, it would be greatly apreciated. Thank you for your time Clare Tassone 1 ' ADDENDUM to the SOUTHOLD ZONING BOARD of APPEALS Application for the TASSONE Property Situate: 590 North View Drive; Orient; Southold, NY SCTM#: 1000-013-01-005.1 REASONS FOR APPEAL AREA VARIANCE REASONS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood of a detriment to nearby properties,if granted because: The parcel is a pre-existing/non-conforming lot created prior to the enactment of zoning and consists of approximately 41, 942 sq. ft. in an Residential R-40 District zone and is consistent in size with the immediately surrounding lots. In addition, the proposed construction is consistent in both size and design with the neighboring improvements. Therefore,no undesirable change in the character of the neighborhood will result from this project. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an,area variance, because: The property is pre-existing and,with respect to the top of the existing bank located within subject property, non-conforming, as are several neighboring parcels in the immediate area. The applicant seeks to construct a private single family dwelling thirty-nine feet(39.0')± from the top of the existing bluff,where one hundred feet(100.0') is required,and forty feet (40.0')from the front yard property line,where fifty feet(50.0') is required. Applicant wishes • to reduce the amount of overall non-conformity by requesting variances of similar degrees from both the top of the bank setback and the front yard setback. No other alternative exists. (3) The amount of relief requested is not substantial because: The requested relief is for 61.0' from the top of the bank setback(61.0 % of the requirement), and 10.0' from the front yard setback(20.0% of the requirement). Although the variance request from the bank setback constitutes a substantial variance request,it is minimized by the non-substantial variance request from the front yard setback. Therefore,the relief requested is not substantial overall. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The granting of the variance will have no adverse effect or impact on the physical or environmental conditions in the affected areas of the neighborhood considering that the proposed construction is typical of the surrounding properties which have been shown to have no negative impacts to the physical and/or environmental well-being of the area. (5) Has the alleged difficulty been self-created? ( ) Yes, or(X) No. The parcel is a pre-existing/non-conforming lot created prior to the enactment of zoning. The parcel consists of 41,942 sq. ft. in an Residential R-40 District zone and is consistent in size with the immediately surrounding lots. The request for a variance has not been self-created. 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. • A+G a'�il.l wl S la'i,Jm`.tb.+:d'i j�'F� T•+e.C'+'OA4{Ji s •i.. 4-.• • • I � f., q'4 ♦ . 1.'" •.. ''t k,;.%.J.CS?ll'+.v �,e• S• A- Suffolk Environmental Consulting, Inco Newman Village, Main Street,P.O.Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5198 Bruce Anderson,M.S.,President HAND DELIVERED November 20, 2002 Mr. Gerard Goehringer, Chairman Zoning Board of Appeals Town Hall 53095 Main Road;P.O. Box 1179 Southold,NY 11971 Re: Ta'ssone property Situate: 590 North View Drive; Orient,NY SCTM#: 1000-013-01-005.1 Dear Mr. Goehringer, _ This Firm represents Mrs. Tassone, owner of the above referenced property, who is seeking all required Town of Southold Building Department approval to construct a. private single family dwelling thereon. Subsequent to our initial building permit application of November 6, 2002, requesting same, a Notice of Disapproval pursuant to Article XXIII, Section 100-239.4A.1 and Article IIIA, 100-30A.3 of the Town Code. Therefore,variance approval is requested from your Department. Please find enclosed herewith: (1) Town of Southold Zoning Board of Appeals Variance application w/attached addendum (seven [7] copies); (2) Town of Southold Zoning Board of Appeals Questionnaire (seven [7] copies); (3) Owner's Endorsement (seven [7] copies); (4) Short Environmental Assessment Form (seven [7] copies); (5) Copy of the Town of Southold Board of Trustees Letter of Non-Jurisdiction, dated August 15, 2002, concerning subject property(seven [7] copies); (6) Copy of the New York State Department of Environmental Conservation Letter of Non-Jurisdiction (No. 4738-03064/00001), dated September 12, 2002, concerning subject property(seven [7] copies); (7) Copy of the Town of Southold Building Department Notice of Disapproval, dated November 7, 2002, concerning the proposed dwelling (seven [7] copies); (8) Survey of subject property, prepared by Peconic Surveyors, P.C., last dated July 5, 2002 (seven [7] copies); (9) Copy of the Preliminary Plans for the proposed dwelling, prepared by Vincent Franco, A.I.A. (seven [7] copies); and (10) Check made payable to the Town of Southold in order to cover the requisite application fee. By way of this correspondence, and on behalf of Mrs. Tassone, kindly review the attached items and schedule this matter for the next available Town of Southold Zoning Board of Appeals meeting concerning this matter. Should you have any questions regarding this matter, please feel free to contact this office at any time. Thank you in advance for your attention and consideration. Sincerely, /#/rd Matt D. Ivans attachment cc: C. Tassone J SURVEY . OP ' PROPERTY A T. ORIENT TQOU4TO D- ,H ' � • •WO i; - . rf : � �S� i ' ;f' - . . 'SC�. 1"=40 JUNE 26, 2 .02. JULY 3,' 2002 'fravision; tope.) . JULY 5, 2002 (prop, 'hse., t :4 z M - LONG I$i w SOUND w'M• N 84°04'10• E _-- 136,78'. M'H TIE LINE M H,V.M. of hank . , — , to ' toe `:_ _ — — — _ _ -15 tf) —r-" — _ — -- ,a - ` - -- - — — - -20 - - 4121 ' 152x` r� .r.__ — - 30 O ...-; W — --- ----- 35 vl 25i p — — - -- _ __ ' 30 -- — 40 p 35 ~_ — -- _ - _ _ 45 �� • 6 4C— -- __- _ b'Z — - -` —50 SFS, — `— r — -- - - - — •-- _J5 f. —c•\ _ -- — --- -- — — -- — -- — — -— — 60 GO -::--Ax..... ___,.'___ _ ,- -3 7O—. - —— — _ — — —_ __ — vo "� `7 72,, 74 7 T- -` 72 ,� TOP"br`BBAIK ^'-`^*�,. T --_---•. , ,: i ' -• .:' _.T —7A fl.- -„---- '�76 78,80 92.84 \'‘. % �` E --- " 88:901'�al '� rCO S:-.:A17/S,ION AL I'4, :\7//// 0 ' ! j I ! ! kir:: ,,,q\,ss,\,.,.. .\):,,\,, 72 '''' (l \....-..."' _,A'S' 5\ /'`--- (..n V.1 1,..,, -4,3,y 44 l if,,4/i -, ,, , CO % . lolk' n.,, _.rd, 1., , . 1 1. / 19,6 r:-,1 co ( i 98 0 .7":. ',i....„,_,5,-;.,-,::fl,':''.:h" 3, -,-'.•'e..,,:%•rftitV, ..4''"/ ''..n.rj,-„vg.rl , i , f 1 ...../' .14 ----.',...- -`•-,.. .____\21.; t::4,' "0",0, ';',.'tlille':'';:,,PY./Rt.r:' ':-1 1 i I . , il t I I 1 1 , ' V ,\ Iir' / ) • cr\ (IP +..., --- MA is',-/021 c.-- \t„,,,•.,,,,, '. ,--- ,—, ___ _,... fl , 0 —\ �r -or ��� / / i QbL� /1 �Q / '� - • `,,c.','..' r'''. ."'...--",..6_,. CPY i i LI / PIPE n u�_"/ Cf1 , R r 6J Z �- 8z "m ni 129.0 . 0 5 e� 86 -.80 g, *0,('00f W NORTHf et' 14 s f. Pc' W�` wQr2r) . Coastal Erosion Hazard Line from wPs Cp�,I,lrc Coastal Erosion Hazard Maps /iln� d O AREA=41,942 S.F. S.\p,(E OF NFA TEl TIE LINE - °"`l r.MF�Zc`O.p ELEVATIONS REFERENCED TO TOPOGRAPHIC HAP OF FIVE s , / 'laiIl"r :,'. • .Y. LIC. Na 49618 • EASTERN TOWNS & N'G'V,D, . - '' c` NICD-,.7k EYORS P.C. ANY ALTERATION OR ADDITION TO THIS SURVEY,IS A VIOLATION - (i 3J 1165 — 5020 FAX%(631) 765-1797 OF SECTION 7209 QF THE NEW YORK STATE EDUCATION LAV •. P, . f i 407, 49.r .� EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONSS • HEREON ARE VALID FOR- THIS MAP AND COPIES THEREOF ONLY IF 1230 'ELLE' TREET SAID MWHOSE OR APPEARS HEREONRESSED SEAL OF THE SURVEYOR SOUTHOL I, 'Y' 11971 D 2 - 1 78 • V FORM NO. 3 - - TOWN OF SOUTHOLD ' ' BUILDING DEPARTMENT ' \ NOV - 7 'Y SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL - -- DATE: November 7, 2002 TO Suffolk Environmental A/C Doll PO Box 2003 Bridgehampton,NY 11932 Please take notice that your application dated November 6, 2002 For permit for construction of a single family dwelling at Location of property 590 North View Drive, Orient County Tax Map No. 1000 - Section 13 Block 1 Lot 5.1 Is returned herewith and disapproved on the following grounds: The proposed construction of a single family dwelling is not permitted pursuant to Article XXIII Section 100-239.4A.1 which states; "All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank." The proposed single family dwelling is located+1- 39 feet from the bank. In addition, the proposed construction on this conforming, 41,942 square foot lot in the R-40 zone not permitted pursuant to Article IIIA, 100-30A.3, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein in full." Bulk Schedule requires a minimum front yard setback of 50 feet. P1. • s note a Front y. . .-tback of 40 feet. f 4 /1 Autho ed Signature ce-, Cc: File, ZBA Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. � - r OWNER'S ENDORSEMENT (TO BE SIGNED IF APPLICANT IS NOT OWNER) STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: Claire Tassone, being duly sworn, deposes and says; I reside at 3890 Maplewood Drive; Seaford,NY 11783. In the County of Suffolk, and the state of New York, and I am the(owner in fee) (officer of the Corporation which is owner in fee) of the premises described in the foregoing application and that I have authorized Suffolk Environmental Consulting, Inc. to make the foregoing application as described herein. Signature r- Signature If Corporation,name of corporation and Officers Title Officer's Title Or Before}ne, this , '� day of N11 2'- 2002 # _C Notary Public SALVATORE CANZONERI NOTARY PUBLIC.State of Nat Yak No.304721420 Qualified in Nassau County Commission Expires March 30,20 D roc QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subj ct premises listed on the real estate market for sale? ❑Yes No B. Are there y proposals to change or alter land contours? ❑Yes o C. 1)Are there any areas that contain wetland grasses? Yes. 2)Are the wetland areas shown on the map submitted with this application? Yes. 3)Is the property bulkheaded between the wetlands area and the upland building area? No. 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? Yes. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Nd- (If slope is over 5' el.,state"n/a".) E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? None. (If none exist,please state"none".) F. Do you have any construction taking place at this time concerning your premises? No. If yes,please submit a copy of your building permit and map as approved by the Building Department. (If construction is"as built"without a permit,please state when construction was built,and relevant information: N/A G. Do you or any co-owner also own other land close to this parcel? No. If yes,please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel Un—improved. and proposed use Private single family dwellin((leaseindicate ifthe same,or how it is proposed if different). 0/4 AS- &VC_ i orized Signature and Date ZBA Forms_QUESTIONNAIRE doe 1002 .„. _ , ------: /1//- ,r''-' x TOWN OF SOUTHOLD PROPERTY RECORD CARD DWNER . STP Ft. 59b VILLAGE DIST. SUB. LOT • - -ff-tit it E: ? // 4'ôt KiW ONeve, 01--/ , ,,, t- be.1c , FORMER OWNER N4L I, YG v.ta� E - i/e 1,0 _ 4 Odd TYPE OF BUILDING /fie)-f I Y« u/ ��,ve W r!llk a .r ES. .4 SEAS. VL. 3/3 FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS L. fk ,a 7,2. ,A e ,416 'c ,fes',-;. L-7,4 ^ -'.t Sii1 1111MMIIM 1 WE 2t� WM IIM.1 , . _ IIIIIII llable FRONTAGE ON WATER 3 t .43 ° 3QO� "i Voodland FRONTAGE ON ROAD ,tib p-• /leadowland DEPT6tve 3 e) 3 2.2. r y., -louse PIpt BULKHEAD "otal Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/03/02 Receipt#: 5660 Transaction(s): Subtotal 1 Application Fees $600.00 Check#: 5660 Total Paid: $600.00 Name: Tassone, Claire 590 North View Dr Orient, NY 11957 Clerk ID: LINDAC Internal ID:64352 14-16-4(9/95)-Text 12 617 20 - S E C R PROJECT I.D NUMBER Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT-FORM For UNLISTED ACTIONS Only ' PART 1-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Suffolk Environmental Consulting,Inc. TASSONE 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections,prominent landmarks,etc or provide map) 590 North View Drive;Orient,NY 5. IS PROPOSED ACTION' ® New 0 Expansion 0 Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to construct a 1,750.0 square foot±("footprint");an attached 435.0 square foot±wood deck;driveway; and attendant sanitary system. 7. AMOUNT OF LAND EFFECTED: Initially <01 acres Ultimately-<0.1 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 0 Yes ® No If No, describe briefly Not permitted pursuant to the Town of Southold Code: Article XXIII, Section 100-239.4A.1 and Article IIIA, 100-30A.3 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ®Residential ❑Industrial ['Commercial DAgriculture ❑Park/Forest/Open space ['Other , Descnbe. Private single family dwellings with related appurtenances. " 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW-OR ULTIMATELY FROM ANY OTHER GOVERNMENT AGENCY(FEDERAL,STATE OR LOCAL)? ®Yes ❑No If yes,list agency(s)and permit/approvals Town of Southold Trustees approval; Suffolk County Department of Health Services;NYSDEC approval 11 DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT•OR APPROVAL? ® Yes D No If yes,list agency(s)and permit/approvals Town of Southold Trustees approval;NYSDEC approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? , ❑Yes ® No I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Ma .Iv. s. —5h11olk Environmental Consulting,Inc. Date: 11/15/02 Signature. � " - If the action is in the Coastal Area,and you are a state agency,complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II-ENVIRONMENTAL ASSESSMENT(To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.12? If yes,coordinate the review process and use the FULL EAF. 1:1 Yes El No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No,a negative declaration may be superseded by another involved agency. ❑Yes ❑No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten,if legible) • Cl. Existing air quality,surface or groundwater quality,noise levels,existing traffic patterns,solid waste production or disposal, potential for erosion,drainage or flooding problems'? Explain briefly. _ C2 Aesthetic,agricultural,archeological,historical or other natural or,cultural resources; or community or neighborhood. character? Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitat,or threatened or endangered species? Explain briefly: C4 A community's existing plans or goals as officially adopted,or change in use or intensity of use of land or natural resources? Explain briefly: C5. Growth,subsequent development,or related activities likely to be induced by the proposed action'? Explain briefly: C6. Long term,short term,cumulative,or other effects not identified in Cl-05? Explain briefly: C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ❑Yes ❑No D. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?' ❑Yes ❑No If yes,explain briefly PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS. For each adverse effect identified above,determine whether it is substantial,large,important,or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e.urban or rural); (b)probability of occurring; (c),duration; (d) irreversibility; (e)geographic scope; and(f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed.If question D of Part II was checked yes,the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. • ❑ 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 AND provide on attachments as necessary,the reasons supporting this determination: Name of Lead Agency Print or Type Name of Responsible Officer Title of Responsible Officer• ' Signature of Responsible Officer in Lead Agency Signature of Preparer(if different From responsible officer) • 2 ewe ,-n; •;siS�r4�': �J,:J.y vriT %nc-tri„.„„ t+`,t ELIZABETH A.NEVILLE e Z® t 1 Town Hall, 53095 Main Road TOWN CLERK o P.O. Box 1179 Southold REGISTRAR.OF VITAL STATISTICS New York 11971 MARRIAGE OFFICER � ,fi ��1�, Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER = Q! 441.•i� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER ���� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville, Southold Town Clerk DATED: December 4, 2002 RE: Zoning Appeal No. 5272 Transmitted herewith is Zoning Appeal No. 5272 of Claire Tassone for a variance. Also included is: letter of transmittal dated November 20, 2002; ZBA Questionnaire; addendum to the application; letter of authorization; Short Environmental Assessment Form; letter of non jurisdiction from the Board of Trustees dated August 15, 2002; letter of non jurisdiction from the NYS DEC dated September 12, 2002; Notice of Disapproval dated November 7, 2002; and plans. 7)c\ LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY,MARCH 20, 2003 PUBLIC HEARING NOTICE is HEREBY GIVEN,pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, March 20, 2003, at the time noted below (or as soon thereafter as possible): 9:50 a.m. Claire Tassone and Michael Nulty#5272—Applicants request Variances under Sections 239.4A.1 and 30A.3 based on the Building Department's November 7, 2002 Notice of Disapproval. Applicants propose a single family dwelling at less than 100 feet from the top of the bluff or bank of the Long Island Sound, and front yard setback at less than 50 feet, at 590 North View Drive, Orient; Parcel 1000-13-1-5.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: February 25, 2003. Lydia A.Tortora, Chairwoman Board of Appeals • \ 1 ACTION OF TH ZONING 10ARD OF-Apl'EAL ' DA:rEloctover..8, i t (•� APPeol. No, , •- , Dated, 3,,A1 O pp Y� ACTION OF THE ZONING BOARD OF.'APPEALS OF TOWN OF SOUTHOLD 1J` 'To -o '7 �ll04 4101 - "� Appellant •�op -,c' ;I -411474W - \\ at a'meeting,of,the Zoning,,Board of Appeals on , �• li the,appeal i was,considered,and.the action-indicated below was taken on your '\V (X), Request for variance''due,fo'lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance, 1. SPECIAL EXCEPTION.-By resolution of the board it was determined that a special exception ( •)be granted( )be denied pursuant to Article- Section Subsection • ' paragraph ' ' of the Zoning; Ordinance, and the'decision of the Building Inspector ( ) 'be, reversed ( ') be'donfirmed because " _ 1 - ,. •,,, 1 .*,* �, to h, ,.�4 AttIsSa t 'b `7•' • Vii., id's StaLtit SI* 2. VARIANCE:- ly'.resolution't?f' hi, ard''it was,deterrnined!that',• :,.',.1 , • ; " , • -, (a) 'Strict applicatio of the;brdipance (would) ( produce undue hardship because ' ,tl.•,p,cregFte is) unique an• C, _,.; .two no s are. .y-ETI •reperttes alike'in the trmnedia*vicinity:of this property and In the.same use district)ecduse >;:-• . Imo* tiveiteseskto htfft (c) The'varian`te'(do`es) daftsiegObseriie'the spirit -or the 'Ordinance and (wanly! not) ' change the,character,bf, g,dis rict`�g"be-cquse t , i} 10 and-therefore', it was'fu'rther'determined that the requested variance( I be granted( `.)be denied ' and that-the e'reyidrisrtlecisio'ri's`'`-of'the'Bdfildi Ins'ector (' be cdtifirr••ed (, • '1 'lid-Ming P� •) m )"be reversed. <fiett04-7, , . .i', : •OWA „ Aturgotorbita v444000, . i ZONING BOARD OF APPEALS • 4 1' id l FORM 2334 , • of f Sout hold Town B acrd of Appeals , • �� + MAIN ROAD.• STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 ,.�;,r/• TELEPHONE(516)765-1809 APPEALS BOARD MEMBERS GERARD P.GOEHRINGER,CHAIRMAN • CHARLES GRIGONIS,JR. SERGE DOYEN,JR. ROBERT J.DOUGLASS ACTION OF THE'BOARD OF APP • S JOSEPH H_SAWICKI Upon Application of DR. AND MRS. JO ' WHITTIER for . Variances to the Zoning Ordinance, Article III, Section 100-31 as • to insufficient frontyard setback, Article XI, Section 100-119.2(A) as to insufficient setback from t•p of bank or bluff of Long Island Sound, and Article XI, Section ' 00-118 as to rebuilding existing building with nonconformi • setbacks for this single-family residence as shown on plan hmen•-d Febru- ary 29, 1988 prepared by Roderick'VanTuyl, P. . Location of Property: North Side of North View Drive, Ori-nt, NY; County Tax' Map Parcel No. 1000-13-1-7. WHEREAS, a public hearing was held on Ju - 9, 1988, in the Matter of the Application of DR. AND MRS. JO ' WHITTIER under Appl. No. 3724; and WHEREAS, at -said hearing all those who d=sired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully conside ed all testimony and documentation submitted concerning this a•I•lication; WHEREAS, the Board Members have personal viewed and are familiar with the premises in question, its p esent zoning, and the surrounding areas; and WHEREAS, the Board made the following fi•dings of fact: 1. This is an Application for Variances of the Zoning Code for permission to reconstruct existing n•nconforming building by more than 50%, and construct new -ddition, both with insufficient setbacks from the top of the b- • or bluff of the Long Island Sound and from the front (souther ) property line. 2. The premises in question is located -long the north side of North View Drive at intersection with the ortherly end of Brown's Hill Road in the Hamlet of Orient, To of Southold, more particularly identified on the Suffolk County Tax Maps as District 1000, Section 13, Block 1, Lot 7. 3. The subject premises contains a tota lot area of one acre with frontage along North View Drive of .40.0 feet and lot depth of 230 feet along the westerly side pro•erty line. r � ` Page 2 - Appl . No. 3724 ' Matter of DR. AND MRS. JOHN WHITTIER Decision Rendered July 14, 1988 4. The premises is unique and contains 1' ited buildable area. The depth of the upland area between th- top of the bank and the front (southerly) property line is app'oximately 65 feet and the average width approximately 180 feet. 5. Article XI, Section 100-119.2A requir:s all buildings or structures proposed on lots adjacent to the Lo g Island Sound to be set back not less than one-hundred (100) fe_t from the top of the bluff, or bank. 6. Under the provisions of Article XI, S:ction 100-118 and past interpretations by this Board, a nonc.nforming building may not be reconstructed or structurally alter-'d during its life to an extent exceeding in aggregate cost fifty percent (50%) of the fair value of the building. 7. Article III, Section 100-31, Bulk Sch=dule of the Zoning Code requires a minimum frontyard setback'•at 5i feet under Column A-40. 8. The following information is noted or the record: (a) The nonconforming setbacks of the e sting building are at five feet from the top of the bluff and fro.tyard setback at 23 feet. (b) The existing building is a single-f. ily dwelling having a total floor area of 845 sq. ft. plus •n additional 371 sq. ft. for porch areas; (c) The existing building is constructed partly on a concrete-block basement (with crawl space) , ant the building is presently one-story in height. An open rear dick exists at the north end of the existing building set back fi-e feet from the top of the bluff. The foundation is presently shown to be set back 17 feet from the top of the bluff (see s vey amended February 29, 1988 prepared by Roderick VanTuyl P.C.). 9. It is the opinion of the Board that the to the erosion factor of the bluff in this area, and the pert ntage of the existing nonconformity from the top of the blu f (in excess of 85 percent of today's requirement), the new frami g construction must be at not less than 20 feet from the top .f the bluff. The deck areas to be reconstructed or constructed nder the new plans shall be not less than 10 feet from the top of the bluff. It should be understood, however, that these con. tional setbacks do not in any way require removal of the existing foundation structure, but does require the framing and ne foundation walls to be constructed within these specified condi ions. The deck areas could be moved to the required setback without tremendous • difficulty and shall be "free-standing". \ Page 3 - Appl. No. 3724 Matter of DR. AND MRS. JOHN WHITTIER Decision Rendered July 14, 1988 10. In considering this appeal, the Boar• also finds and determines: (a) the relief requested is the minimal ecessary; (b) there is no other method feasible fo, appellant to pursue; (c) the project will not be adverse to t e character of the neighborhood; (d) the difficulties claimed are unique yo the property and are not personal in nature; (e) the project is within the spirit and intent of zoning; (f) the practical difficulties are suffi,ient; (g) the percentages of relief requested are substantial in relation to the requirements of the bluff setback and the frontyard setback. (h) in view of the manner in which the d fficulties arose and in considering the above factors, the inte ests of justice will be served by granting the application as ..pplied. Accordingly, on motion by Mr. Douglass, s-conded by Mr. Grigonis, it was RESOLVED, to GRANT Variances from the Zon ng Code, Article III, Section 100-31, Bulk Schedule as to the f ontyard setback, Article XI, Section 100-119.2A as to the bluff setback, and Article XI, Section 100-118 as to reconstruction of existing nonconforming building by more than 50%, and construction of an addition, in the Matter of the Application of iR. AND MRS. JOHN WHITTIER under Appeal No. 3724, WITH THE FOLLO ING CONDITIONS: 1. That the deck construction at the nor herly end of the dwelling structure be set back not less than 11 feet from the top of the bluff (including replacement and newly added deck area); 2. That the deck construction at the nor herly end of the dwelling structure be "free-standing" and deta hed from the dwelling, and remain open and unroofed; 3. That the wall construction and recons ruction of the dwelling be set back not closer than 22 feet f om the top of the bluff; Page 4 - Appl . No. 37`c.4 - Matter of DR. AND MRS. JOHN WHITTIER Decision Rendered July 14, 1988 4. That the principal dwelling reconstru.tion and addition may be extended into the frontyard area with a setback of not less than 18 feet; 5. That the garage extension with a sett-ck as applied of 13 feet is denied; 6. That the garage entrance be located a. the easterly side, and if necessary, the garage may be exte ded towards the easterly,yard area to gain better accessibilit and storage purposes as an alternative to the 13-ft. front and setback which was applied for and denied herein. Vote of the Board: Ayes: Messrs. Goehri.ger, Grigonis, Douglass and Sawicki. (Member Doyen was absen, .) This resolution was duly adopted. • lk GERARD P. GO RINGER CHAIRMAN eStFF04 APPEALS BOARD MEMBERS •oil C OGy; Southold Town Hall Lydia A.Tortora, Chairwoman ® r4 53095 Main Road Gerard P. Goehringer ; y = ; P.O.Box 1179 George Horning O .t �� Southold,New York 11971-0959 Ruth D. Oliva y�IJO a0�oil ZBA Fax(631)765-9064 Vincent Orlando 1 1;o'' Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD April 29, 2003 Mr. Bruce Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 - Bridgehampton NY 11932-2003 Re: Appl.No. 5272—Tassone/Doll Variance Application Dear Mr. Anderson: It appears you did not use the addresses of record from the Town assessment rolls for two of the immediate neighbors and the two mailings were returned to your office as undeliverable or wrong addresses. As a result, these adjoining property owners were not properly given notice of the project and hearing as required pursuant to Ch. 58 of the Town Code. The Zoning Board of Appeals cannot proceed with the hearing until Ch. 58 has been fully complied with. Attached are copies of a letter received today from Heidi Hild Sommers, and copies that have been available from the local assessment records for the adjacent lands. Very truly yours, Lydia A. Tortora Chairwoman Enols. ' mvSRPS ASSESSMENT INQUIRY DATE : 04/29/2003 473889 SOUTHOLD SCHOOL OYSTER PONDS SCH ROLL SEC TAXABLE PRCLS 210 1 FAMILY RES TOTAL RES SITE 13.-1-4 TOTAL COM SITE 740 NORTH VIEW DR ACCT NO 01 = OWNER & MAILING INFO === I =MISC I ASSESSMENT DATA SOMMERS HEIDI & ORS IRS-SS I **CURRENT** RES PERCENT 20 THORNBERRY LA I 1 ILAND 4,100 **TAXABLE** SUDBURY MA 01776 I BANK ITOTAL 8,100 COUNTY 8,100 **PRIOR** TOWN 8,100 I ILAND 4,100 SCHOOL 8,100 I ( TOTAL 8,100 ==DIMENSIONS I SALES INFORMATION ACRES 1 .30 IBOOK 11998 SALE DATE 09/14/99 SALE PRICE 1 IPAGE 802 PR OWNER SOMMERS HEIDI & ORS TOTAL EXEMPTIONS 0 ITOTAL SPECIAL DISTRICTS 5 CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE IFD025 IPK065 I0M060 IWW020 F1=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75 .10- 03-050 F6=G0 TO INVENTORY F9=G0 TO XREF F10=G0 TO MENU MVSRPS ASSESSMENT INQUIRY DATE : 04/29/2003 473889 SOUTHOLD SCHOOL -OYSTER PONDS SCH ROLL SEC TAXABLE PRCLS 210 1 FAMILY RES TOTAL RES SITE 13.-1-5.2 TOTAL COM SITE 460 NORTH VIEW DR ACCT NO 01 = OWNER & MAILING INFO === I =MISC I ASSESSMENT DATA ASTLEY CHRISTOPHER T & IRS-SS I **CURRENT** RES PERCENT AMY I 1 ILAND 3,400 **TAXABLE** 425 WEST 23RD STREET I BANK ITOTAL 7,100 COUNTY 7,100 APT - 11 A-F 0102934 **PRIOR** TOWN 7,100 NEW YORK NY 10011 I ILAND 3,400 SCHOOL 7,100 ITOTAL 7,100 ==DIMENSIONS --- I SALES INFORMATION ACRES . 93 ( BOOK 11869 SALE DATE 12/17/97 SALE PRICE 330,000 IPAGE 829 PR OWNER MOSS MURRAY L & TOTAL EXEMPTIONS 0 I TOTAL SPECIAL DISTRICTS 5 CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE IFD025 IPK065 I0M060 IWW020 F1=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75 .10- 03-050 F6=G0 TO INVENTORY F9=G0 TO XREF F10=G0 TO MENU INVALID FUNCTION ENTRY . TRY AGAIN . ii.ft`s to 0c12'ui u - PP' ALF *(Y) v A at ot- fivuj'fi'Y ' mvSRPS ASSESSMENT INQUIRY DATE : 04/29/2003 473889 SOUTHOLD SCHOOL OYSTER PONDS SCH ROLL SEC TAXABLE e PRCLS 311 RES VAC LAND TOTAL RES SITE 13•-1-10 .1 TOTAL COM SITE 555 NORTH VIEW DR ACCT NO 01 = OWNER & MAILING INFO === I =MISC I ASSESSMENT DATA TRENKMANN A ESTATE INC IRS—SS I **CURRENT** RES PERCENT 187 LAFAYETTE ST I 1 ILAND 1,500 **TAXABLE** NEW YORK NY 10013 I BANK ITOTAL 1,500 COUNTY 1,500 **PRIOR** TOWN 1,500 I ILAND 1,500 SCHOOL 1,500 I ITOTAL 1,500 ==DIMENSIONS I SALES INFORMATION ACRES .92 IBOOK 11088 SALE DATE 05/22/90 SALE PRICE 125,000 IPAGE 139 PR OWNER ROBERTSON DOROTHY L TOTAL EXEMPTIONS 0 I TOTAL SPECIAL DISTRICTS 5 CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE IFD025 IPK065 IOM060 IWW020 F1=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75. 10— 03-050 F6=G0 TO INVENTORY F9=G0 TO XREF F10=G0 TO MENU ' RECEIVED APR 2 9 2003 20 Thornberry Lane ZONING BOARD OF APPEALS Sudbury,MA 01776 April 27, 2003 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Re: Northview Drive/Browns Hills Variance Request for Edna Doll's Property Hearing May 1, 2003 Dear Board: There are two items that I would like to bring to your attention relative to the above pending request for variances.3 First,I am an abutting property owner at 740 Northview Drive, Orient. I own the property with my two sisters. Neither they nor I received any notice of the March 20th or May 1st hearings regarding this variance. I understand that it is the obligation of the parties requesting such a variance to notify in writing all abutting property owners of such a variance request. I am greatly concerned that we have been excluded from the review process; I only became aware of the variance request by fortuitous coincidence. Second, I am greatly concerned about potential bluff erosion from development of this particular property. This lot has a precipitous slope, creating a ravine that leads to the bluff. The water run-off is minimized today by the vegetation on the slope. With a house and driveway creating significant impervious surface, and with the destruction of the natural vegetation anchoring the soil,bluff erosion risk will be significantly increased. Given the particular topology of this lot and the sensitivity of the bluff and my property to erosion, I believe that this property should not be developed. I am trying to rearrange my schedule to allow me to attend the May 1st hearing. However, in the event that I am unable to attend,please insure that this letter is read into the proceedings of the Board at that hearing. Thank you. Sincerely, -0(-444"P P€6)\-'" Heidi Hild Sommers t 1 Suffolk Environmental Consulting, Inc. Newman Village, Main Street,P.O. Box 2003, Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5198 Bruce Anderson,M.S.,President HAND DELIVERED March 10, 2003 Zoning Board of Appeals Town Hall 53095 Main Road; P.O. Box 1179 Southold,NY 11971 Re: TASSONE property Situate: 590 North View Drive; Orient,NY SCTM#: 1000-013-01-005.1 To whom it may concern, As per your request,please find attached herewith: (1) Town of Southold Affidavit of Mailings; and (2) Certified Mailing Receipts concerning the adjacent property owners surrounding subject property. Kindly review the attached items concerning your Board's jurisdiction regarding subject application. Should you have any questions regarding this matter, please feel free to contact this office at any time. Thank you in advance for your continued attention and consideration. Sincerely, Matt D. Ivans attachment cc: C. T ' g" Iumi-gmmI !fl CERTIFIED MAIL RECEIPT 'domestic Mail Only;NO Insurance Coverage Pronfded —17 w _ _ r; I=113" NEQORK a i11F° 1001 ja a Q^ • Postage $ 0.37 UNIT ID: 0932 ' Certified Fee 2.30 Postmark Return Receipt Fee 1.75 ' Here (Endorsement Required) O Restricted Delivery Fee Clerk: KO7FY2 • O (Endorsement Required) • 4.42 03/07/03 Total,Postage&Fees r'1 ` Sent To ru Street,Apt No, ci or PO C3 City, BoxxNo /,�7 boy.--7-1,2:1:7- 7--E... 9Je� ` O) — PS Form 3800,January-2007 _ y `'� See Reverse for lFktructions;+ U.S. Postal Servic- CERTIFIED MAIL RECEIPT ?Domestic Mail'Ont-No Insurance Covera•e Pr.vi.e• rn — tr 'r NE,tr)yo K, tlY 10069-5260!;., L q_r' ' ;:, 0.37 UNIT '-9 � Postage $ P�P L�.' Certified Fee 2.30 ((ilk rk w� .- Return Receipt Fee 1.75 0 (Endorsement Required) it 0 Restricted Delivery Fee Ie : KQt r� O (Endorsement Required) Total Postage&Fees $ 4.42 03 /03 u$9S 1-9 1-11 Sent To Sen o G.44./49A:riga, erggI✓r S7777— ru Street,Apt.No, O or PO Box No /„/O l sf }�/ J City,State,ZIP.+4 PS Form 38001,January 20171 - - - ' , See Reverse for Instructions U.S. Postal 'Servic- Ask— . CERTIFIED MAIL RECEIPT V.. °Domestic Mail Only;No Insurance Coverage Prow.e. a _ a- `w NEV�YOR, NY- 10011-4304 j L �t__i z ; 11 Postage $ 0.37 UMITp;Uh � S 2.30 v Certified Fee � ] F�bark a` S ReturneFee 1.75 (Endorsement Required) O (47E1'2 Restricted Delivery Fee (/ h ;, k. 0 / O (Endorsement Required) � O Total Postage&Fees $1-9 Ln 4.42 07/0 1S�S Sent To p -Street,tip or PO Box NoNo J i f 5(11- 4i4 53 O City,State,ZIP+4 rs- c4 J�� u • .PS'Forn 3800/January.20th "- v u"--See Reverse for Instructions'_ U.S. Postal Service VEMEMEMEE- °CERTIFIED"MAIL.RECEIPT - (Domestic Mail Only;No Instirance.Coverage Provided Cr o t a WI TOS! CT 0 `ry' _ ,;, ri , ,,r 3 tr ?' 6897-1735 : :. L. °_ <.11 `- ' .; rrPostage $ 0.37 UN ;.1: 093 D S Certified Fee 2.30 (n l `\ � ostmark \ Return Receipt Fee 1.75 Fre (Endorsement Required) ��.f r a 0 Restricted Delivery Fee � : aligY2 �� O (Endorsement Required) Q 03 Q 4.42 , 3 Total Postage&Fees $ r-9 Ln Sent To 4//'J iD1 Skk'''i"t.iffi s ru Street,Apt.No, O or PO Box No /3—17F�1✓. 4; t� City,State,ZIP+4 d/)� Q 1- ML-70A/ i o6',f-'7 PS'Form 3800,JanuaT2001' y"tgAe_ivers=f.r In tructicin `_ • ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of AFFIDAVIT �45Soclic--_ 1 P?f� OF (Name of Applicants) MAILINGS CTM Parcel #1000- 0i3 - of - o0.S: f COUNTY OF SUFFOLK) STATE OF NEW YORK) I, D. IvEN ` a ��laG ,uresiding at 4IflI duAGE. 6 Dv• %Aifr.. ( ,g , New York, being duly sworn, depose and say that: On the I'm day of ,4 , 200.3, I personally mailed at the United States Post Office in i- *at_.-.. ' ,L) , New York, by CERTIFIED MAIL, RETURN RECEIPT QUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the curre as ssment roll verified from the official records on file with the ( ) Assessors, ( ) County Real Property Office , for ev property which abuts and is across a public or •rivate street, or vehicular rig way of record, surrounding the applicant's pr,'•erty. • (Signature) Sworn to befo /a a me,this m day of , , 200, 040".gc•9•11/4-02.___ (Notary Public) ALAN IRA SosNE Notary Public,State of New Y No. 02S05028988 Qualified In Suffolk Cou PLEASE list, on the back of this Affidagi mielloa ioliftp next to the owner names and addresses for which notices w you. FOR OFFICIAL USE ONLY CHECKLIST FOR NEW PROJECTS LABEL APPL# 5d. ')02, ASSESSORS CARD (7 COPIES) NAME fp. _ CTY. TAXMAP (7COPIES + 1) CTM # 13 _ I - 5, I INDEX CARD (ATTACH OLD) TOWN ($ LIST ALPHA BOOK RESEARCH ALPHA COPY PRIORS SIX COPIES INSPECTION PACKETS COMPLETE REF: UPDATED NEW INFORMATION 03 r-ei ",L -Pikle;e. Y 0 c72 e locZ, qt N*ice of Hearig A public hearing will be held by the Southold Town Appeals Board at Town Hall 53095 Main Road, Southold, concerning this property APPLICATION: NULTY M., & TASSONE, C. TAX MAP #: 13-1 -5.1 PROJECT: SETBACK VARIANCES DESCRIPTION: NEW DWELLING TIME & DATE: THURS. MAR. 20, 2003 9:50 AM If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the hearing during normal business days between the hours of 8am and 3pm. ZONING BOARD - TOWN OF SOUTHOLD - 631-765-1809 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY,MARCH 20, 2003 PUBLIC HEARING NOTICE is HEREBY GIVEN,pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, March 20, 2003, at the time noted below(or as soon thereafter as possible): 9:50 a.m. Claire Tassone and Michael Nulty#5272—Applicants request Variances under Sections 239.4A.1 and 30A.3 based on the Building Department's November 7, 2002 Notice of Disapproval. Applicants propose a single family dwelling at less than 100 feet from the top of the bluff or bank of the Long Island Sound, and front yard setback at less than 50 feet, at 590 North View Drive,Orient; Parcel 1000-13-1-5.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: February 25, 2003. Lydia A. Tortora, Chairwoman Board of Appeals OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Emails: Linda.Kowalski(a�Town.Southold.nv.us or Paula.Quintieri(a.Town.Southold.nv.us Jessica.Boger Town.Southold.nv.us (631) 765-1809 fax (631) 765-9064 5 '2-5-f9á' �"9. '' February 26, 2003 111 Re: Chapter 58— Public Notice for Thursday, March 20, 2003 Hearing kfttrat- Dear Sir ddeam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. 1) Before March 5th: Please send the enclosed Legal Notice, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with a cover letter and a copy of your survey (or map filed with this application) showing the new construction area, or map with details of your request to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. 2) Before March 12th: When picking up the sign, a $30 check, as a returnable deposit, will be requested for each poster with metal stand (or $15 for poster only). Please place the Town official sign poster no later than February 13th or earlier. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is available for the additional front yard.) The sign(s) must remain in place for at least seven (7) days, and should remain posted through the day of the hearing. If you need a replacement poster board, please contact us. 3) Before March 12th, please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. (Also, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing, if possible.) If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 4) Not later than March 19th, after the signs have been in place for seven (7) days, please submit your signed Affidavit of Posting to our office. If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures 5 Zoning Appeals Board and Staff P.S. Please be sure to pick up the poster between Mar. 5th and Mar. 11th, between 8-11:30, or 2:00-3:30. Thank you. L„•--r— il8915lOH5 - 12-11-97 Of-01-99 06-14-00 N 345.300 O1 - • pika,„,e_ ,01.,A4-1-i,-- _Li...,,, _ t 3--/ - q :� 1 / S , maiic .� ( � ilk !` Ll LOt\G nn 15 8.19 •dr 1.7A 4ç `` as•/• MT ., QR (� ' .v BL.IlA t a.�S 0 8.14 ,,5 0 8 �'off' '4. & 8.15 a ��. Qp•6 'O 5.2 4� v L3A(c) a 0813 5.1, 4' 5 9.1 ¢9� +p/4< 0 60 , L�2A(�y1 'gyp?' L1AW g'�*1y1 -^� m 1N op. 9.2 - ty ' SpYIl."? 50 2,0 2 L4A(c) '�l1(1RtHto 1.21(e) i i b' . �• @ 1.61(r) B 10.2 7-`) 1 rp 1.6A " Z F• S.lA(c) 0* en •4 2 n SG FOR PCL.N0. G 6 n �, ® FOR SEE SEC.N0. E F. 11 r SEE 018-03-030.3 3 ys 018- °9. +3r 1.0A(c) 9.�4 a � a MATCH z LINE y 4+A 41, .0 MATCH O4. • 1. 5.1 a • N 341.500 G Q S a L Properly o-R1 Lie StdNalcn Lot IN,. 00 Nock Nott - SloE patriot L1e —-504— H5Qart[Ishkt Lire —-H—- MESS DRAWN OTHERWISE, ALL E Denotes Comm Omer ---Z--- SEMldon obcVNOO.No. (21) Iniac O M mirk,tea —_F---- 0.1100 Dodo IN —-N—- SAq�pIX. WITHIN THE FOLLOWING NC G Se6rlelan Lot Ura - Deed Oserdm sT 101:Olsfiict the —-W—- Ratarlcc00trOt Lea —HST—- AVE 25 HYDRANT NStra®/Sao '"-- r^ Shod LEo Eon m `Lin -- LION LION Oetrlot Lhs —-L—- )ahcara[(strict)Le—-A—- 'WpARK -65 RATER_• D Fatal Na. 23 Deed Area 12.1 A(d)or 12.1A ' 1➢r --- t N[(strict lino —-P—- 1®teseter[Wet Lie—Ila—- AIABLILANCE WASTEWATER_ roaaeea Area 12.1 AW ..e Lb ----.7.7=-- u,. - - --_ r' TRANSMISSION VERIFICATION REPCR' TIME : 63/7/2863 12:19 DATE,TIME 63/87 12:17 FAX NO./NAME 5375198 DURATION 86:61:34 PAGE(S) 03 RESULT OK MODE STANDARD ECM 6 -" / 7/63 6___ TRANSMISSION VERIFICATION REPOR' TIME : 02/26/2003 15:01 DATE,TIME 02/26 14:58 FAX NO./NAME 5375198 DURATION 00:02:57 PAGE(S) 06 RESULT OK MODE STANDARD ECM \\ v� \\ \` f • J � ' Southold Town Board of Appeals -24- January 9, 1975 • PUBLIC HEARING: Appeal No. 1985 - 9 :45 P.M. (E.S.T.) upon application of George Stankevich, Esq. a/c Edna Doll, Brown' s Hills Estates, Orient,, New York for a variance in accordance with the Zoning Ordinance, Article` III, Section 100-3,0 and Bulk Schedule for permission, to .divide lot with existing building', with insufficient width and area. Location of property: North side Private Road-North Drive, bounded on the north by Long Island .Sound; east by W. Johnson; south by North View Drive (Pvt. Rd. ) ; west by Helen Hass. Fee paid $15. 00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publircation in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a Van Tuyl survey dated December 5, 1974. The easterly lot consists of 0.85 + acres and the westerly lot is 0.95+ acres. The depth of the ,property from North View Drive on the westerly dimension is 330 ,•feet and on the easterly dimension_ it' s 270 feet. There is approximately 130 feet of frontage on North- View Drive on the westerly lot, and 119.45 on the easterly lot. At the ordinary high water mark the westerly lot measures approximately 135 feet, and the easterlyylot is approximately 130 feet. TRE CHAIRMAN: Is there anyone present who wishes to speak-for thisapplication? GEORGE C. STANKEVICH, ESQ. : My name is George Stankevich. at ail. attorney having offices at Main Road, Southold and West Neck Road;, . Shelter Island. Mrs. Doll has iowAed the p. aperty for °many years and has been a good neghbor. . 'With ;dv.a,ncp,ng years t she finds it necessary to .s'e11a Portion. She buEd liav'e tb ;sell it as one large parcel. or 't*vb• R,arcels. l[ar lyn b keiun, A real estate agent, .believers •that the division Ofthis' property into two parcels would be much iior4 'lucrative forthe applicant. (Affidavit in 'file signed by Marilyn, Nbrkelun, New' York State licensed real estate broker), . Mrs.' Don hired my office- to ;.place an application before;ypn to 4yide the property into twa paxce 1s;- :.the• lot is 1.81, acres ;in;,area. Applicant request's an 'ar . .*variance in. view of a l.44 a' shortage. of area and a';13:3.3 ! shortage of road frontage. The area variance is negligible . ,It is ' a minimal request fora variance. We don't believe the character of the; neighbprhood would be changed. Shown ,on-'Exhibi;t II are numerous small lots in Brown' s Hills Estates. Many are half the size of the proposed lots and many' are. larger,. This is not' a new' rieighborhood. Many of the houses are small. The r- _ -r+K__�-- ..-•-_,=..moi—,=. r-:,.-_.__Rn=__<.- '--- __ .___v._ _..__ _ _ — - _,_ _'*>_____ " t . Southold Town Board of Appeals -25- January 9, 1975 house at the extreme east end presents a problem in selling' the property to any owner because of the high price. It is under contract of sale now. It is not feasible' to relocate the house. We feel that with the wooded topography and rolling topography an area variance would not invade the privacy of the neighborhood. THE CHAIRMAN: How much of it is bluff, two-thirds? MR. STANKEVICH: About half. THE CHAIRMAN: It looks like the bluff starts right next to the house. MR. STANKEVICH: It' s behind the house. It meets all the Health Department requirements. A brief description of the property by a real estate broker, Mrs. Norkelun, recounts that the easterly property has been sold subject to - variance. She feels that the westerly piece would bring $40, 000. They only have a buyer for .the house. Mrs. Doll will keep the other parcel for the time being. • If it were sold in one piece the whole thing would bbing about $7Q,000. One last point, Edna Doll has been a •good neighbor for many years. She is single and of advanced years and life dictates to her that she must settle her matters. THE CHAIRMAN: Let the record show that applicant has submitted to the Zoning Board of• Appeals an affidavit describing this ,property and the difficulties which might be encountered if this- variance were not granted. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response. ) After investigation and inspection the Board finds. that applicant requests permission to divide lot with exi-st•i .g building , with, ,insuf f icient width and area, on ,the north side of Priii'atie ;Road-North Drive, Brown' s Hills 'Esta`tes ,Orient. The .f ind,' d?s, of the Board are that appliCian- is the' owner of -a lot'.comprisi`h,g 1,.81 acres which she. ►fishes to divide into twparcels " The neighborhood has •been developed for many years arid, many of the neighboring parcels 'Which have been built upon are 'smaller than the lotswhich would,,'be created by. division of applicant's property. The.•wooded and rolling topography of the property would provide ptivady for 'surrounding neighbors from the existing house 'or a' future house on the westerly side of the property. Th'e 'Board agrees with the reasoning of the applicant. i• • a , Southold Town Board of Appeals -26- January 9, 1975 The Board finds that strict application' of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and wou'ld. not •be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the- spirit of the Ordinance. - On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, George Stankevich, Esq. a/c Edna Doll, Brown' s Hills Estates, Orient, New York, be GRANTED permission to divide lot with existing building, with 'insufficient width and area, on the north side .Private Road=North Drive, Brown's Hills Estates, Orient, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. * * * PUBLIC HEARING: Appeal No. 1981 .- 10:00 P.M. (E.S.T. ) upon application :of Richard Cron, Esq. a/c Ivan T. Honnett, Orchard Street, New Suffolk, New York fora variance in accordance with the Zoning Ordinance, Article III, ,Section 100-31 and Bulk Schedule to alter an'd rebuild dwelling on tion-conforming lot with two existing .dwellings. Location of property: Orchard & Third Streets, New Suffolk, New York, bounded on the north by Orchard Street; east by Third Street; • south by Helen' Kapp; 'west by G. Lombardi. Fee paid •$15 .00. The Chairman opened the hearing by, reading the applica- tion for a'var .ance, legal notice of hearing,- 'affidavits attesting to its ppbblthcation in the official newspapers, and notice to the applicant. THE CHAIRMAIN: Attached to the application is a survey showing, that .the applicant is the owner of a `,lot ;located at 'Orchard, and• T,hird Streets The lot measures 1007,5 ' on Orc'har : Street and. 75' on Third 'Street; ,The ;Daher .tWo, dinersaans are appro .mately the same. ItsItlanOlrregular sheped,.lot.with two existing dwellings 'on .'the property. On the:westerhy dimension there is a.' one 'story',framed dwelling' with sa porch; there is a one and a„ half' story framed dwelling which is 19 feet from Or-Chard-Street and approximately 16 feet from Third' Street. There are ' al'sb several. .other structures qn the property. . . .:a screened ,gaaebo and a tool shed adjoining that. lbOffice of BOARD OF APPEALS 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 (631) 765-9064 fax (alt. fax 765-1823) A/O✓. c2 f , 200 �. To: Applicant Re: Appeal No. _ z Sa 20 ( ) Your application has been advertised for a public hearing. In the interim, please furnish the following document which was listed on the instruction sheet but inadvertently not included when the application was submitted to our department for processing: or ( ) The application is not signed and notarized and is enclosed for re-submission. or Your application is not complete for the reasons noted below Or (V) The following documentation was missing in your submission of this application. Information Requested (from Instruction Sheet) : ( ) Notice of Disapproval issued by the Building Inspector after review for this particular project map. ,>c; Filing fee check in the amount of$ 60a a ( ) An original map, or duplicate of the map to the map preparer's full scale, is necessary. A:t ( ) Setbacks to the property lines are necessary at the closest points from the subject \,919( building area. Please show on a map or similar diagram.kt ()'Copies of current deed and/or tax bill pf the subject parcel. "A r��-e ice (7) Other: S , •, . , , . ,dc � C-if Lee) 7 � (7) „Jail . Additional Information Requested: /W-- -5— '411D--/3—/ ;f; TOWN OF S• UTHOL PROPS TY RECORD CARD OWNER ...STREET 59 c) VILLAGE DIST. SUB. LOT :.._,Ccti. ', D6 if i'vo,71,4 v, . hi Zi.,i've, n-/ ' , 7" ,2_ be FORMER OWNERN E ACR. i,.t L J)v4Wct lac, /.. 440 S W TYPE OF BUILDING A7(s -fi V/6 w i.)1--iii'e Ht. Ha-ao RES. SEAS VL. 2, , FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS! 1/711v//i ,,d 7`2, el, cr2 P d 9,,6 1 c, S'".176, v 1_Tia,F, 3 d o d 3 Qa o I` s7Z0 li- Tillable FRONTAGE ON WATER / f 22 go �QQQ Woodland FRONTAGE ON ROAD 40,0 J j Meadowland DEPT6 t, Q) 32. House Plot BULKHEAD Total 10401 /cDMOApa JawJoa '9 '0 9 Nld J00H puZ swoo21 woof uo11,DaJDaU o!.Dd 219 _mold .Is r swoo2l j0021 adA1 06DJDD . 11C] 4001-1 ° °Id °J[d /(omazaaJB '211 ysJu1 j Jo1Ja4u1 SIJDM '4x3 yaJod '>1 sJoo13 4uawas09 044.9u1Q LJ-1D9 uo1.}Dpunod uotsua4x3 uo!sua;x3 uorsua4x3 6pr9 'W _ WI211. 21010D