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Home My WebLink About5259 3 �/1L-!`5 ��// d�4 ✓awl, I rte, � O APPEALS BOARD MEMBERS c yt Southold Town Hall Ruth D. Oliva, Chairwoman ti Z 53095 Main Road Gerard P. Goehrnger O o P.O. Box 1179 Lydia A. Tortora ?'�® `app Southold, NY11971-0959 George Horning 1 Tel. (631)765.1809 Vincent Orlando Fax 765-9064(alt.1823) hftp://southoldtown.northfork.net RECEIVED BOARD OF APPEALS .'a TOWN OF SOUTHOLD DEC 5 26()3 FINDINGS, DELIBERATIONS AND DETERMINATION tMgMEETING OF JUNE 19, 2003 , ;Apps. No, 5259 -Estate of Murray Schlussel ''Property Location: 3085 Stillwater Avenue, Cutchogue, "CTM 1000-136`-2-6, 7 and 8 (combined as one lot with 62,730+- sq. ft.total area). 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 62,730 sq, ft. parcel is vacant land with 210 ft. frontage along the east side of Stillwater Avenue,'205 ft. depth along the north side line, 330.20 feet along a dredged canal; and 292.95 ft. depth along the south side line, in Cutchogue, as shown on the survey prepared by Young & Young January 30, 2002,last revised April 9, 2003, BASIS OF APPLICATION: Building Department's September 24, 2002 Notice of Disapprabal, citing. Section 100-32 in its denial of a building permit to construct a new single-family dwelling, located on three parcels, totaling 62,730 sq. ft. in the Residential R40 Zone District, with a setback at less than the code required minimum of 50 feet in the front yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 16, 2003, February 6, 2003, March 20, 2003,,May 1, 2003, at which time written and oral evidence were presented, and the time for written submissions was extended to June 5; 2003. 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 RELIEFREQUESTED: On October 21, 2002, the applicant filed'a request for a variance for the proposed location of a new dwelling on this 62,730 sq. ft. parcel at 26.24 feet from the front property line. ADDITIONAL 1NFORMATION:AMENDED RELIEF: During the February 6, 2003 and March 20, 2003 public hearings, the applicant was requested to increase the setbacks with an alternative plan that would be more in to the code's front setback Page 2—June 19,2003 Appl. No.5259—Neil Schlussel' 136-2-6,7,8 at Cutchogue requirement. On June 5, 2003, the applicant submitted a revised plan prepared by Young &Young, L.S dated May 28, 2003, for proposed 39' wide house, with variable depths between 20 and 25 feet, at 37.5 feet from the front lot line at its closest point, and with a 12' x 15' (plus 4'x15'x18'variable wrap-around) open deck at the south side of the house 41+- ft. from the front property line. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the alternative relief will not produce an undesirable change,in the character of the 6bighborhoed or`a detriment to nearby properties. The applicant had originally Proposed a Very large tWo-story house on a 62,730 sq. ft. parcel. The problem is this parcel is'bordered by a very sensitive piece of wetlands adjacent to East Creek. The Town Trustees have,placed conditions on the property stating,the building area, must have a 5A foot buffer b*W64n the wetlands and the buildable area, which forces th� house,to'.be constructed closer to the road than the code allowed 50 ft, front yarn setback. There Was mlkch oppositibn.from the,neighbors and the Fleets Neck Property Ykssodfation, re'preseriterl by. Attorney Abigail Wickham. Irt discussions with the applfcalit, represented,by Attorney David Worthington Olsen, andthose in,opposition, it was`�abf`ded thatthehouse should b'e,25'x 60'With a 12-ft. deck.:Thefront yard setback W®uld be 38,feet and ilt�`deck setback 43 feet: The height to the top of the'ridge would be 364,0et. The"applicant also agreed to keep as much of the natural vegetation as possible. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the'appGcant to pursue, other,than an area variance. The applicant is restricted by the sensitive nature of the parcel and the Trustees'condition for a 50 foot buffer between the w6tlands and the proposed house, forcing him to apply for a front yard variance to the ZBA. 3. The variance requested is substantial. The alternative relief for a front yard setback granted at 38 feet is minimal for the house and permits a 24% reduction (12 feet) from the code required 50 fit. minimum front yard. The alternative relief for a 43 ft. front yard setback for the open deck is minimum and permits a 14% reduction (7 feet) from the code required 50 feet. 4. The difficulty was self-created when the dwelling was planned and designed without conformity to the current Town Code requirements. 5. There is no evidence that the grant of the alternative relief will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. All construction activities must meet the requirements of the environmental agencies having jurisdiction, under the Wetlands Permit issued by the N.Y.S. Department of Environmental Conservation (#1-4738-02559/00002) and the Southold Town Board of Trustees. 6. Grant of the alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a single-family dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. I _ Page 3—June 19,2003 "w - AppL No.5259-Neil Schlussel 136-2-6,7,6 at Cutchogue 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 offeredby Member Tortora, seconded by'Member Goe'hringer, and duly carried, to DENY the variance as applied for, as shown on the survey plan prepared by Young &Young, L.S. revised August 13, 2002, and GRANT alternative relief as noted below with the following conditions: 1. The setback of the house shall be a minimum of 38 feet from the front property line.. 2. The deck shall be a minimum of 43 feet to the front property line. 3. The deck size is limited to a maximum width of 12 feet. 4. The house size is limited to 25' x 60' or 1500 sq. ft. on the first-floor footprint including the garage, at a maximum height of 30 feet to the top of the ridge from natural grade. 5. The property which consists of three parcels shall be merged into one lot, as agreed! 6. Roof runoff and drainage shall be properly contained to drywells or leaching basins'arld meet the requirements of the environmental agencies. Final elevations and grading of the land shall meet the requirements of the building and other codes. 7. Natural vegetation shall be preserved as much as possible with the green belt intact and subject to inspection before issuance of a Certificate of Occupancy. 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: Member Oliva (Chairwoman, effective 10-21-03), Member Tortora (Chairwoman, thru 10/21/03), Member Goehringer; Member Horning, and Member Orlando. This Resolution wa y adopted (5-0). Ruth D. Oliva, Chairwoman 12/5/03 Approved for Filing e -1 FORM NO. 3 NOTICE OF DISAPPROVAL 4 DATE: September 24, 2002 TO: Gary Flanner Olsen A/C Schlussel PO Box 706 Main RoadFF� n l Cutchogue,NY 11935 � 13 U Please take notice that your application dated September 23, 2002 p 2 k g For permit to construct a single family dwelling at r �� Location of property: 3085 Stillwater Avenue, Cutcho ue, NY County Tax Map No. 1000 - Section 136 Block 2 Lot 6, 7 & 8 Is returned herewith and disapproved on the following grounds: The proposed construction, located on three parcels, totaling 62,730 square feet in the Residential R-40 District, is not permitted pursuant to Article III, Section 100-32, which states, No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C,R-80 R-120 R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force;and effect as if such regulations were set forth herein full." Bulk schedule requires a minimum front yard setback of 50 feet. Although the above referenced project is proposed on three separate parcels, the applicants intend to merge the parcels upon approval from the Southold Town Zoning Board of Appeals. Total lot coverage, fRB12 in construction will be+/- 4 percent. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. r TO�' Nl OF SOUTHOLD CAIRN OWNER /, > STREET VILLAGE DISTRICT SUB. LOT �b j9� Tt' i1�-��--f 353 ✓t? ft>: 5� � fls��dl/ °h C vlG ll4 U� �.Zifl3 } FORN6 OWNER N E ACREAGE � S W TYPE OF BUILDING RES. fl SEAS. VL. 9 FARM COMM. IND. CB. MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS 36 fart J`ad -Ha a TQ // ' fi C f // a 0 a Sd6 52 72 G +-f', b s'Far. s )5- v c Td ,W d0W — 1 /.Z b D ZQ t1 ,, -fl 40 6 eKo-1,5-d/W, d d 0 /`-v a 7`d J'c Oa ` AGE BUILDING CONDITION r NEW NORMAL BELOW ,ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD, f1 Tillable 1 BULKHEAD Tillable 2 DOCK �yy Tillable, 3 f 87Nf'N Woodland Swampland Brushland House Plot Total TOWN Of SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. L T i 94s`sry� drsrLer .t FORMER OWNER N E ACR. 's cr- c f2: :G S W TYPE OF BUILDING 9 ----- I RES. 31/ SEAS. VL'. FARM COMM. CB. MICS, Mkt. Value LAND IMP. TOTAL DATE REMARKS ut cQ Uec y L720 7 d b �i'd d z g r 6 J'a 72 0 9 di J, -r5 /,I- c i' 4le i 9 Tillable FRONTAGE ON WATER Mo 4ilr z ea r � o ' Woodland FRONTAGE_ON ROAD (f - i Meadowland DEPTH Lv- Fd House Plot BULKHEAD Total _ TOWN Of $QUTHOLD PROPERTY RECORD CARD OWNER STREET: -2.4,215 VILLAGE DIST.1 SUB. LOT, 1 1 e d1 V2, is- /? a FORMER OWNER N 7 E ACR S W TYPE OF BUILDING &K RES. 3 / SEAS. VL. p FARM COMM. CB, MICS. Mkt. Value LAND IMR, TOTAL DATE REMARKS � Q122 rPe �r u Cc i T 6"6 0 cf00 > ? 1 cz t- 3G�Gl 5(v 1 < /_3 or? 11Gl7 --- T — G 2, `i° " l Tillable FRONTAGE ON WATER Woodland FRONTAGE-ON -ROAD r77 J ryk', Meadowland DEPTH House Plot BULKHEAD Total 4 -e N' r r a A CE7UM`( OF SUFFOLK yn �6 k ROBERT J. GAf-FNEY �} SUFFOLK COUNTY EXECUTIVE THOMAS ( LES, Af�. PLANNIE f i ; DEPARTMENT OF PLANNING DIRECTOR F ANNIP December 29,2003 1 ;. Town of Southold` Zoning Board of Appeal Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative ode,the followin a kcation s submitted to the Suffolk County Planning Commission islare considered to b a matter !, g. pp � � ) t3' g for local determination as there appears to be no significant county-wide or inter-community imp t(s). A jdecision of local determination should not be construed as either an approval or a disapproval. { A licants Municipal Fie Nn nbe s \ I, t�Vroege,Madeline* 5I86 Schlussel,Murray(Estate of) 5259 Rubinow,Laurence and Betty Ann 5386 Brown, Karen 5411 � Forchelli, Jeffrey 5418 " Cheska,John and Kathy 5423 Sogolofl Dimitri and Helen" 5426 Rodin Charles and Barbara 5433 Pagano,Joseph 5434 *Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. "Promises should be encumbered by appropriate developmental restrictions,particularly as set forth by the Z.B.A. Very truly yours, Thomas Isles Director of Planning S/s Gerald G.Newman Chief Planner GGN:cc G1CCHORNYIZONINGIZONINGIWORKING1LD2003\DECISD51W.DEC LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -47H FLOOR ■ P.0. BOX 6100 ■ (5 6)653-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 178e-0099 TELECOPIER(51 6)853-4044 C --- Id LEGAL NOTICE> SOU : D TOWN AWIA00EAESSTATE OF NEW YQliln' T�},iP1NL1 AY16 2069 , .. "p77BLIC,HAIl+]C5 )S$ NOTICE is HEREBY GIVEN puf- C TY O SUFF I_In scant to Section 2.7 of the Townrl.awa r t (n4 fa d5,4 of Mattituck, in said I lxn oil It I h II 111 I 11••.� coun'ty,' being duly sworn, says-.th$ he/she:is:, i "L•rll•lrpt u•I: he held In lila' �.<. �- o.oi :Moll', nn„ DO.%14) ol, P` 1pal rzierk�of tHE SUFFOLKTIMKS, a weekly r Pi.0 „ I IL I newspaper; published at Mattituck, in the Town of r Main Road,Eopthold,New$pxk 11ATlgf=F, 1 rnnrsaay,.landa y 16,zoos a tie•t Southold;' County of Suffolk and State of New York, Dritimes noted below(or as sodad e to e{.. and that the Notice of which the annexed is a printed as possible), copy,has been regularly published in said Newspaper jd once each week for / weeks succes- a m 10 45 .Appl No. 5221 Daniel ' ^.bemt Th1 is"a fequgst^fpra Yananc✓ Siuelq, G6r1frTpricing on the• /9a day ! .`Pndex$ecu'bh-re063PA.4,�based onfthe' - of �. - Butldnt$HkpaYtlnent's Augnst 22„2e5- - I -. of sap conceming swiing i G%� J po3ed accesorg mmpool Im°at14•' ate5 other &tau the rear yard ;;r1ncipa'j' Path,Southold, 4e'11000-5`4�'^ -26A. - < . .. . . . . ., i0.S0 a tn'Appl No. tk4z` Waysa,� $ _. y worn.to befiQre me:this Itt�.1/In�ra Molt.'Till'Ys - - - . /],P . . . tegaeSt for a Lot' Wer antler Secoi day of (�' .2f1 . 100-2b, ko a`h1'herge Estates Lot=No Parcel 1000 3'941 3,-from=.{3ardlnersa+' Bay Estates Lot No 43,refCountyTax~ LAURA E. BONDARCHUK i i arcel 1000-35-3-2 Iwi'caxlon of':i Notary Public, State of New Yd�k y: 2345 Eropertand 1640 Bast Gillette,#. No 01606067958 Deva Tast�iaaon;Pazcel+Nos ico qualified in Suffolk County 3S -3-15 and•24. �5 li 65 am.'Appl N52x4 Epee¢ My Commission Expires Dec.24,20 o. m Galiagherr This is a regliesf for ' '.Special Exception under Section 100 311303) to establish a,, proposed•#;1j - A�ccessory,Apaltment in aonlunctio(i'' with the ov(net" resldance, at 1575`' M;nnehall8.•BIVd., Sbutho'1'd Parcetk'g Jobb-87-3-51, - .. 11 10 •a.in: Appl No.:; 5232 ' bmnillnintS'nmmnn[cnHn6cf(Iwnrr':"'- ' ' .I1111g0 t Ili• n a ivgl1e.; All it%arian"t a•I+IaI ceciurl N1) 16.,C Isom.uil oa dw ' - ISuihiinl Ualsmnu:uYs ,l',!phrin't, Ili .. � . I) I .(:%..I.no II r' 1-owdmstilllioI II ql Ipnwl n. ed .• Int a I•i1 wu k, s t n n :. ' Idl n,onoptrla. :t 21bS:• l'..I< .ss, (;n:rnol:ue:I'rn•,::I 1111)IN• I-19.1. . i. . 11.30 cal.:April No..259 -I.: title or %Iarnq Schliravel.1 nis j•a n:yea•• ial,, kmiin•'e under Sac!ilul 1011-c1.161•:1! . on r the Bu;ldrag _ Deparhnent AG° '"66ptemk>er � 20(C2 f[3hct p '; . :Iry`*nvar-rnncrmt7, -i-prow. dvailu.g w.ld a llox 'al'i ' r.Ic t lh it 50 It"![hom the lYom pu, ) I -Lno a0ts cleest point. l ecadbn' Ptopegty 30$3 3ttrtwatr}'#y€n CatcYlogne Patai;l Noe iW0-,iib-2-6t 7" :�' i aii$i$lcbnlbm¢tr a§vne tat oY.b2,73, Ix'6U E m'.}}ppl I>10 562;; 7atrs �nilon.�s Ise re>�rst�.��+anance p. ! �: ail +" $ec6on "90 R1i .bared on ! 9nrikiiilgi`rli7latrnmrf't RtTFfci67n1 '1 .' ' 21112 Notice 1'I'Uimplaural mcou•i.11c1 al:aQ.:e610ly 111"''nilll1l1 SMllllnlllln ISN,j j p:rpltsl r! Imrlij„ill a slue yang rather { than ruljpl•ly in &m war yarn, at 3056 4agnnv Urise.(:utahni;i:r:1'mrrl illRl- I 10)-5 !.mud 16 1'rr axnri+lW I. ;. f. I:hi i,..r.. :\pl.' \a. !iSMI Spilns and IR'Wl` Papadopnnlov. nus is a _ i a.!r•,I anal !:on ' 'APPLICATION TO THE SOUTHOLD TOWN�yB A O)J APPl ALS ' Fee:8 ��d Filed Bvi 'Date Assigned/Assignment No.� ,✓ i Office Notes: l Parcel Location: House No. Street Stillwater Avenue Hamlet Cutchogue SCTM 1000 Section 136 Block 2_Lot(s) 6'7'`-Lot Size% 1.4401 oneSDistrict R-40 I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR'i, DATED- September 24, 2002 Gary'Flanner Olsen for the owners: Applicant/Owner(s): Estate of Murray Schlussel at to lot 6 and 1/2' lot 7 and Neil Sclilussn as to 112 lotan a lot Mailing PO Box 706, Cutchogue, `NY 11935 Address: Telephone: (631)734-7666 NOTE: If applicant is not the owner,state if applicantis owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Gary Flanner Olsen, as attorney Address: see above Telephone: Please specify who you wish correspondence to be mailed to,from the above listed names: 0 Applicant/Owner(s) N Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 9/24/02, FOR: V Building Permit 0 Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑ Change of Use 0 Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article IIl Section 1000.332 Subsection Type of Appeal. An Appeal is made for: VA 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 C Reversal or Other A prior appeal 0 has E has not been made with respect to this property UNDER Appeal No._Year Appeal Application,Continued * the Health Department, DEC, and Southold'Trustees. Part A: AREA VARIANCE REASOIVS (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: This house is located on a large lot which consists of three tax lots_ This is a residential area.-,.FiThe house is on a relativel, small portion of the entire parcel and is a sufficient distance'from the water ,for (2)' The bent-fit son by the applicant CANNOT be achieved by some method feasible for thepaptr6cant to pursue,'other than ap area variance, because.: The Southh1d Board of, Trustees has granted approval based on the dWgIling being located where, 'it is currently proposed. To,gush the house back ryzanld meet the setback fequirements2 but note,the Trustee approval, The house is (3) TheYvonut oYeT; f regne�tedis not cub,tantial hecaucp: a rensodahle size. Th alllug, is on h sll&allyeonc or l.hrae Lux lots acid tlue� ocation figs leen moved toYuard tjiets aCt t:' dul? Lu the. proxhirilty or the creek. I L, is. only 24 fde ;beyond the recpYa red cTa Staicra I he Lo( ra ndc dwe 1 l hig is a 1 s c c•LLoser than 5 feet I I•JI ari,iuce NY-II \01 11:1%o au..id%.n: elloel oriiupail i:u 1) 1% orenyironlnenfal, inlitiolisin. Ihe lit-i-016(11-11411111 a.- di•uFlcl b,,,caa„c: 'I'hero.wi I I by only one Louse on a large par& (three tax IoLs), and Ileal.tli'Dcspartment, DBC , acidiSoitthold Town =Tkgstees approvlas haus all been oh.Lh i ned. . c^I II.I, the arianee h�cnl ,olf creased ( ) 3 es,,or ( )Nn. I not,is1he construction existipg, as built? XI \u. i01 Wiliiional i-Iforncllion about the surrounding topography and building areas that relate to the difficulty ill lilt eliII2dweaderequirements: (Please attach separate sheet.) g-e .aLLached DEC, Health Department, and Trustee approvals. i This is the MINIIV,[UM that is necessary and adequate, and at the same time preserves and 1protects the character of the neighborhood and the health,safety, and welfare of the community. ( ) Cheek this box and complete PART B, Questions 8, 9, and 10 below if USE VARIANCE STANDARDS apply. (Please consult your attorney.) Otherwise,please proceed to the signature and notary area below. Part B: REASONS FOR USE VARIANCE(if requested): 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): (7) The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). (8) The HARDSHIP relates to the property and does not apply to a substantial portion of the district or neighborhood because: (describe on a separate sheet). (9) The relief requested will not alter the essential CHARA of the neighborhood because: (describe on a separate sheet). The spirit of the zoning ordinance will be observed. The public safety and welfare will be secured and subs a s ' e done. Signaturt4f A ellant or Authorized Agent Sworn to before me this 31 (Agent must submit Authorization from Owner) I i�f October,,,, 2002 VARY FLANKER OESEId, AS ATTORNEY FOR NEIL SCHLIISSEL —'0AVI0 W.OlSEN- THE ESTATE OF. MURRAY SCHLIISSEL ttetary Fubtic,S1afe of Near (Notary Pubhc) o• 201-6974 Suffolk' ZBA App 08/02 Lluaiified in Suffolk County CornMssion Expires March 8,200 Owl Albert:J.Krupski,President Town Hall James King,Vice-President '�4$11FF0(�('CO 53095 Route�25 Artie Foster �0 G P.O.Box 11 9 Ken Polwoda h y . Southold, New York 11971-0959 Peggy A. Dickerson h x1 Telephone(63i) 71315-1892 Fax(631) 765- 366 /l BOARD OF TOWN TRUSTEES TOWN OF TUTHDLD _ LgE TO: Zoning Board of � a FROM: Board of Trustees DATE: January 30, 2003 RE: ROBERT A. MAC FARLANE / NEIL SCHLUSSEL E/S STILLWATER AVE. EAST, CUTCHOGUE SCTM#136-2-6,7&8 In the minutes from the April 24, 2002 meeting, the Board of Trustees discussed a certain size house that the Board would permit on the Schlussel parcel on Stillwatr Ave. Although the Board didn't print the house size in the permit that was issued, the house size of 40'X 50' or less was reflected in the minutes. cc: Fleet's Neck Property Owners Association I -- 35 0 there, 1 asked the engineer to please lay out what the extremities of the house -could be, That's why that house has all these jogs in it. It just follows where we could build. Em here to say, we would be more than happy with a 40'X 50` house. We don't want to build the Taj, I'm not trying to do that., 1 want to b ld .:down the mlddid of the road,what's appropriate for the.neighborhood. TI USTEi= f7lGKERSOf1:;l just want to say something.T.ve been on the Board now for three months and 1 came into this,posttron because of(pauses tike this arld seeing tliGrit`in my Town hoping,to do somethinguabout it. bnfortunaLel�in_ '#his sit uaftoh e h ever,al camin at the end off two year process and initially. when this was brought to.my attention,my':initiai guf feeling was to', I disagroi:. bu[ again;'if s'beena process;that's been orrjoing and l think were near the end. 7 think with some compromises on sato and bullors I dootepe and even now looking into preventing this.frorit happening again bui .p,g,F"'s been d two yotar process. iCs boon wprkud .on, these i�eoplo'havr gone,; ffirorigh all the ho6ps that•we're set Up prior,to my cominc ido, this, butit',s sc rnothing that hwould liketo,see happening.loss and joss. But, I dorlIxti if it's appropria[.e 6lPfhIs time.: J RUSTEE POLIW,DA: You know.my voting record. Won't comrlyohliseAhe ivc fhmiis,'I fravr+nG,given cul a 'permit appfjcatidn for a,septic•system within our Ill risdiclioni`ThisVlli{ilictilion falls iviLhin g0' 01 the wetlarids.a:rn,.cimsistentand Ind'eny'thes6�1i Po6f°pUmiis and all of 1ho cons�ultantstknow;th t ��Iso Ypu not d n +ninini l.of a0 setback from:iho wollands This«properIy.f,as that 5s+tiality;a'nd tit may have a possibility of push+iuf ih�at�srra�i�ouiAo'100'. If th osci��plans°rxro�Ctrawn.I•kl bo more ;inclined+;okb{• favor<iblE•�r�nd as oaf rig"ht now, I�rr� siding l)dolickthcr•1:mvii Board. and askiog f`hcrn lo;cft,t lir ih��fowri Code ii)Ml a0'4scifliack ¢Irkila:v'talands4and;clUO sE thac:k-for tlic �rplrc E natrl;a cfr.rld be . . hy'()ocntical+ifi I shiedW',yos on i#•ris. That�s about it.,. TI tUS-1 EE'K.1:U['S.IAI:h-ny other. Iyr(-f:uornmc.Ilq CARL VAI6. 1 lu:sL`-A,J ak{you grnttrmen are;un!Obr the imlaros'sion ihrri'Itint;tf't of process is.at<I arcrril.u' rof approar�al ;I;tfiinkycd[r� ftould+ro.ex�iniie tiinf idea. I In an�ti(drl( ul� lrC ti¢ {xlnt as rriiicfl time oplRt;ing this +ssti&is i,k Olson las spent f�ria,irf,�inidWand of courso fits cornhmnls were 'IIb' our•iiet+tion, but lrrs,c:orxuti'i iii7a��r ftorca.arad aplLlyirig.for aapesrmitiautthis nttiFetpublic E rena„.sosw' [H „IliatYey�-Arighl toilircr.0 ;this.Al idibr:ing this.;Od`cOre ill e,Qoard. flltaf's.Eall:l: ,avr4401, YAPOut it. Tfi4nk you. Tf IJSTE FRJPS;l-hrUo I.iave,agrtcifi,'on to cfo.so thn hc,-Ang, c.nloss,you have anb[hcxf (."In[ tont'? 11:US:f1=E# �l:Li 4: Well when wo first s4arlod this. we all went out, and we spent a.lot,;* fry,11b i.a lking amongst ourselves about Ill is'wholeMproress'of chis pear pl.11ar a ,)[iflatibm First we wanted•irnore from the wE'ilands6 and w6(ot it. Ono lh+Gauf qll lod oryksfrongly ahout;noi boing is riot beim sunilc�ar to tht;; Plarillil M-8, larr��.Ft�;rc1ovory rrlonlfi�%,vhen you go in thorn they c iveayoin ono mdre lla3r11Jlrr> ctu+�h,avo'to do so ytrii�t an come knack il,r� nort rtorih, land be-fore yciu i,nosi id, its t o. three. four,yrars and m any appl+clin s ,grel )an.na ai�'St:dithia proross Ski,V.,e ala talked ab§,ut�h .i;,llafe a ed fc r niOrC di°.s�ty f,it ;'4r9.iialAhto"otluri i wo,: .7oI it. We asked lik '� 0<a01S Rpackll, `p r 37 frorn the wetlands as we could get them and we all agreed on what was given "us. We said if the Health Dept. would approve the application, we would approve the application. Never in a million.years did 1 think the,Health Dept. Would approveit,,but they did. Weltnow we'a-e out in the wind again. So,the 'next thin is, well lncltde the next,lotx and we agreed that if they included the; 9; �t .Pext kat, w&wool i�walong with that and•approve itWelfthe nextlot is in 'here. Now 4nv4o epta1JYT tlike#a s i de think this#h�irigshoirld fly. utmoralfy as,aloafid; having t et everything reeve sfc+rd them o meet ontsde�where+' n+e`#zaveanyn#icwce. They did everything:we.askedthern#p Ob. Kt nhy, e n filir," cssptiriis','rve�tat e3 be nfi Jaa#.a d o rtagreed,an4) U nderstand how you feol about it andldai� a b'e°�he ;m day=but' ;can't say yeah we'll.do-it and then witielf: .r 7 �� d� a .." we all acjree�i that wo ave well. re gding t coo".tlrls 'c`ou rant aivrte an* 5 .you.want but-I think I TYave to.be a,person of my own convictionwhen Ksaid this is inlay it was gding-> o;go iftevorything`iwas met .J ihfnk;that's the way I'm agoing to)rate. So.. I dpnt.think that+ave haveahe Fight ioaum.a,ound and try arcomi tip;+�ii]l no'tlic'h11 11 roas6n'-Evert thing that w,cveiaskeii dor has'#� cn �n. I do.n t wantlo} estrdt N�ficn tl,leavr,iFiere:tont jht+eiifnr, t�Gt,th^t kind of ( 9eli5 you'how,I'nP g6ir 2'%to,06te. You`caii`,all`yotr. thrgway you wFmy. The only cominenl'I tiad,avttorr nioO(V dutldndylopked%lt flint E�t.J,w h ^when J op`cned a ,.thin{�Idn ari�c'sawthi�fs¢ Ettiis hiluseNha't,,As kintFicre initially. [3ut,file u mann said li"ear`as�oidy';to''d iwri;size.ihe�trous .. So I Qrpirld,s Xyif wo c o�a`Id seo`" � littl ow�r�sr�e�i`tribuo, PC IV fcel,l:tY�rvi'tc� Grote yirs ,for rt �l#id .or z rt, rr��s tcdf �1 'I+JSTl=F: KR'I t:j tiy:don't you make a rnotion..Hc earn get to arrrallor house pnda.hrgger butt r. a :TRUST f. FOSTER. lihoy agreod to go another 10' righif? �l;FejJS+7��'�KR 1`VK : • i . The original was 30'X 60. TI STE �F ' TE� I. �elhts•40'X 50'. JPgKI:'- ,11.mk 30'X 60' would (it in better pnyway bocause its a Ilibb T EOSTFR: Actually. I ,]link what tho shockor was tho v.ay the house y i Ise p`rt7tr riling oui•:arid jetting. Originally it was kind,of a rectangle. I think!, ��l0ya�r ag lftreed to right? FIdL f+3 it UE KR..UPSKI:+Ri'ght'. bocauso it shows a smaller (rouse. So you have it) :'a'kcchat motion. • {T�MM BE Pfl:SI ER: Do I have a motion to close the hearing'? rKIMG: So moved. . YEC b '-bit! Soconded. ALL AYES ER' Gll!mmotion a otion to Approve tho applic�rtion with the bT �rpiih lic�n,n}}F'TC�`k�the non'-disturbance: butter be increased to 4U' and that the int ni'ibmiUbd•shov.ing a slightly smaller dwelling. 40'X 50' or less ! 6. i!6'rt ir` i+l16 xN016r side of the house. Tek E hd ft ;Sci 611 dod. K-f.' UP8K4.•TRIJSI I_ P01.141'ODn: Noy E I OST( f�. fRl1Sl'EE_ KING, l FIUSTEE f 1OK4 tv�ON: Ayes IhUSTEF. ;4 i 5 LAW OFFICES WICKHAM,BRESSLER, GORDON &GEASA,P.C. ° 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ' 6�BIOAZ ER NEWYORK 11952 275 BROAD HOLLOW ROAD r4,WSCKHAM - � SUITE PI;}.MELVILLE, NTEW�'ORK 11747 C,mEASA 631-298-8353 -- TELEFAX NO.631-299-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-24,9-9484 3 June 5, 2003 Town of Southold Zoning Board of Appeals ~RECEIVED 53095 Main Road JUN _ 6 2003 Post Office Sox 1179 Southold,New York 11971 B ZomING BOARD CE APPEAL Re:McFarlane.Schussel Ladies and Gentlemen: The Fleet's Neck Property Owners Association remains opposed to the construction of a residence on this parcel, over 50%of which is located outside of the allowable building envelope. They feel that the Town should not grant such extensive relief,particularly on an environmentally sensitive parcel where no economic hardship or difficulty has been demonstrated. As requested,we submit for your consideration the following conditions on the greenbelt area which the applicant has offered for the south portion of the property: 1. Compliance with all conditions of DEC and Southold Town Trustees. 2. The upland conservation area should include more of the road frontage area to the south of the residence, (As the plan now proposes clearing,a large area would be impacted near the road, and significantly disrupt the woodsy appearance of the property. We propose that the up1d conservation area run from a point where the drywell rim 7.0 is shown. We enclose a sketch with an approximate line.) 3. The area would encompass the entire area from the street to the 40' non-disturbance area to the South of the residence. C 4. Within the area designated as"upland conservation area", a)the property will be left in its natural state and at natural grade,with the existing predominantly oak woods area to remain. f b)there will be no fence or shrubbery over 2.5 feet in height from natural grade,no structures or manmade improvements,no vegetation which will grow to more than 2.5 feet, and no fence of any height on the interior portion of the area. (The plan shows a 2,5 stone fence - - we leave it to the Board's discretion as to whether a different type of fence or no fence is permitted)- c)The only trees to be removed would be saplings of less than 2' diameter, dead trees,trees which have fallen naturally by the elements, and selective removal of non-native underbrush.' Any areas of underbrush removal would be immediately, replanted with low-growing varieties of groundcover. (Some of the varieties suggested by the applicant grow up fairly high and/or are not suitable for shady areas.) d) The woodland fringe on the Town roadbed in front of the upland conservation area would be subject to the same lhnitatons, as some of the trees are located in,this area. e) There will be no removal of soil and no installation of lights or utilities. Thank you for your consideration. Very truly yours, Abigail A. Wickham AAW/db 30/zba cc: Gary Olsen,Esq. I j' i ?l• \ �3 0C _ _` -�5.05 4 is ao \ \ \ \ ryy \ cF F oRoq�F OA - Ag \ . \ <aj ON \ asa ST lq &qlvCf / ¢ DRYYkELL RIM7.0 8 \ p `♦� \ ROPOSED SANITARY SYSTEM \ - \ 0• T.H. V 10 00' UPLAND CONSERVATION AREA 1 / 71 �, w 0. u 60 kRINC EQ6ING 8s,. , D APPFy 00, / O )N ��---. Y KNEE" �. F b BDA OF" BEALT�fI ' . . - , . d c , 3 SETS1 OF PLANS .I. . . . . . ' FORM NO. t SURVEY . . . . . . : . . . TOWN OF SOUTHOLD CHECK BUILDING - BUILDING DEPARTMENT SEPTIC FORM . . . TOWN HALL NOTIFY 1 SOUTHOLD, MY. 11971 CALL , . . TEL.: 765-118D2 MAIL, TO: Examined . . . . . . ..... . . . . .. 19 . . . Approved . . . . . . . . . . . . . . . .. 19 . . .Permit No. . Disapproved a/c . , . . . . . (Building Inspector) . APPLICATION FOR BUILDING PERMIT Date . Septemlier 1b,2002 INSTRUCTIONS � a. This application must be completely filled in by typewriter or in ink and submitted to the Buildii g 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 prendIses or public streets' or areas, and giving a detaileddescription of layout of property must be drawn on the diagram,which is part o£this appli- cation. . 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,issued a Building Permit to theapi�l'cant. 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 fa uilding Penj nit pursuant,to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, 6 r applicable jLaws,Ordinances or Regulations, for the construction of buildings, additions or alterations, or for re al r demolition, as herein described. The applicant agrees to comply with,all applicable laws, ordinances, building c e, us' g e, anahregulations, and to admit authorized inspectors on premises and in building for necessary inspectio I ( ' t re oflapp cant,or name,if`a corporation} Gary er O sen, Esq, attorney for Schussel P.O. Bak 706 Gntcho N Y 114 5 (Mailing address of appli tnt) State whether applicant is_owner, lessee, agent, architect, engineer, general contractor, electrician, 0,lumber or builder. attorney for owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of owner of premises Estate, of Murray Schlussel as,to.lot•6,iand.It?.lot,7,a4d.Ne?il.S¢ltusse ,. as to i/2 lot 7 and 100% lot S (as on the tax roll or latest.deed) If applicant is a corporation,signature of duly authorized officer. . . . I . (Name and title of corporate officer) ALL CONTRACTOR'S MUST BE SUFFOLK COUNTY LICENSED Builder's License No. Plumber's License No. . . . . . . . . . . . . . . . . . . . Electrician's License No. . . . . . . . . . . . . . . . . . . . Other Trade's License No. 1. Location of GutchgueYland on'whiP' po''ch ro sed work.wrill-be-done. Stillwater Ave, . . . . .. . . . . N. . . House Number Street Hamlet County Tax Map No. 1000 Section 136:. , . • , • . . • Block.. . . . . . . . . . . . . . . . . . Lot 6.7�$. : . . . . . . • • . Subdivision . . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . Lot . i . . (Name) - 1 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . vacant. 3-and. • • • • • • ' ' ' • ' ' ' ' ' • • . 'f one family}residence b. Intended use and occupancy . . . . . . . . . . • . . . . . . . . 3, Nature of work (check which ar�4Ae): New Building g ; ' � Add*'gin , • , • • , , Alteration • . : ; ' ; Repair . , . . . Removal . ... . . . Demolition . . , . , . . . . . . Other Work 10 (Description) . . . . .. . . . .. . . . . . 4. Estimated Cost , . . (to be paid on filing this application). 5. If dwelling,number of dwelling units , . . . . . . ., Number of dwelling units on each floor. . . • • If garage,number of cars . . . . . . , . . ' ' ' . 6. if business, commercial or mined occupancy,specify nature and extent of each type of use , , , , , , , , 7: Dimensions of existing structures,if any: Front , . . . Rear Depth Height . . . . . . . . . . . . . . Number of Stories . . . . . . . . . o ' ` ` ' • Dimensions'of same structure with alterations or additions: Front • , . . , . . Rear . . , . Depth. . . . . . . . . . . . . . . . . . . . . . Height . . . . Number of Stories . , , . • • -'s, Dimensions of entire new constriction: Front,. . . . . . , . . :, . . Rear. . . . . . . . Depth Height . . n .Number of Stories • • . • , • • ' ' 9. Size of lot:.Front . . , • ,Rear . , . . . , . , , . , , . . . Depth 10. Date of Purchase . , . . . , , . . , Name of Former Owner . • • . 11, Zone or use district in which premises are situated , , . ... . • • , • . • ' • ' ' ' ' ' ' 12, Does proposed construction violate any zoning law,ordinance'or regulation:" , . , • . . . • • • • 13. :;WIII lot be regraded Will excess fill be removed from premises: Yes No 3 14, Name of Owner of premises ;, . . . , . . Address Phone No. Name of Architect : . Address Phone No. Name of Contractor . . . . , Address Phone Na 15, Is this property located within'-300 feet of ,a _tidal 'wetlandvi*Yes ,: ;. No *If yes, Southold Town Trustees Permit mabe:re uired., ;,.f° , _PLOyI,DIAGlAbI Locate clearly and distinctly all buildings;whe#her exi§'ting of"`proposed, and:indicate"all'set=back'dirneTsi'ons from Property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. see annexed survey of Young and Yo[v¢g showing lot -sire a proposed•"lwuse'l66, to on; I , ip S I t ) " t STATE OF NEW YORK, S.S COUNTY OF . . . Snf€oJX . . . . . . • • • • • • • • • • • • 'Gfi ¢'.F 'ei'Qlse ' • ' ' ' ' ' ' ' ' • • • • being duly sworn;deposes and says that he is the applicant (Name 6t md,V, uasigu'es: nuig'contract) iabove named. r attorney . . . . . . . He is the . . . . . . . . . . . . . . . . . . . . . . . . . . . agent corp ora — - (Contractor,agent,corporj.2002 ) tofficer;etc ) F�- F o 'said owncr'.or owners, an is duly authorized`to perform or have k and to make and file this: Q 'application; that all statements contained in this application are true dge and belief and that the ^ work will be performed in the manner set forth in the application filed Sworn to before me this ' 3 16th September r . . . ,day of. . . . . . . . ., i9 Notary Pub[' . . . County Remy Publio,State of N"Y" (Signature.of applicant) y No.4828373 of miBed in Suffolk:Cot - . commission EWMNM-3o, d „ J r '�s.� err. �''- �'s'a,"�' �'- i x s �]S a �Y 't•t 3c�_A�X�r�y - �'$-.r -.'.��_� x'iW -�� s � '- 'a N-. •, 3: ) s -F -" > ' -^t" ;- c #• J-"tea WqRlmn i RID m � n IVI 77 kms-. w 33�'s i'w i i39 ,d T✓ - Wire' u+w s P�>;i3?.5' o / NA v Aga uffi n �9' AY��ffi / W� KyIW W%'i6 1� iW I I a uO J-8 K-A9� ZO/uueu� u � T @ yd,µ S ko M ' STK((WATFR Pos ' si xzBo ra 0 r ®� / �� / � ASE rp a E� wim.[B[mwr B„.. — z� eniNm xwh9aww. (21)- �� O,_ suaawhx+Ln — scx-_ wo-mra nn urc —_q__ sbm11.wr A, aw;Rarr — WlLE55 -ORAWN OIHFflWI3E� ALL pgcPERr1E3 COUNTY Or SUFFOLK n iY BInNn Nrc F-- WN[a Bl[hlq rlre APE WITHIN THE' FOLLOWING DISTRICTS: NOTICE Li VIS) I F SUFF I I` 1. 2 — R>--- O K °'T TOWN $AUT ��p SECTION NO sMXvbNn mr m[ ScxooL B sE11ER MAIC ENANI A4TERATION,SALE OA 60 t E Wm.r.oLMn LMe — X-- mnm aol[mn Lus xsr-- E SOUTH OLD xebNla, ,,, mnrourc ___ %qE zs- xrogANr Real Property Tax Service A enc Y lgrt WXrn[L 1Ne L-- MSiI NON OF ANY PORTNIN OF THF 103.. VLLACE OE' r1 23 �--. BW drc 12.1 AId1 0E 12.1A i't^LI^° Y��-- 6 NFN�[Blekki qw— p-- ppgi B0" ..E SUP OLLR COLWTY TA%MAP IS PROHIBITEO COVR}Y Center RIverhead,N Y 1190 y M. 136..E t 1 Y - Yak OIehM Circ --.P-- 3mfBYpfN geMn lW -NX AMBULANCE WAVIOIKTER �Y Win:,R WRITTEN PERMIGSION CE THE 4]' SCALE EI EfETI caw[md XrY[ ;z,l Ald NxY.Ure —�—per yw;bieh¢r LXw --5-- _ 36 REN(PROPERTY TAX SERVICE AGENCY; • O B r P: - OISTMCT Me 1000. PROPERTY MAP - CONVERSION DATE: dun v]9Bl 1 -, NYoung & Young 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Howard W. Young, Land Sumeyor Thomw; C. Wolpert, Professional Engineer Robert C. Tast, Architect �e\Caea \ Ronald E. Pfuhl, Landscape Architect e W y`p Gc� �c /' \ WETLANDS LINE AS FLAGGED BY t O p cC JEFFREY L. SEEMAN, R.E M. COASTAL O i ENVIRONMENTAL CORP ON APRIL 4, 2000 01A Q eY� O 0e, \0r o, S � / / .26 `L00 93200+ ChrlStlh or for F e "O�h CerlY oh c\� ae etsoh �9 0e<5 700 ° Q ' r oo• j C0� e\ O Gro y d 'N `x .98 \ \ 1 47 >0 / S 00, C \ O.1 T J-4 \ > / 5r- s� - o•�° DRfDO dos.ss, .43 - o:"'e ep C-1N',� ONOFILEDEEK MAPS SHOWN 1 SHORE OF DREDGED CANAL IT � i \\\ \ hicN hq 19.20.5,0„ E 3. 6 41 tk EU PROPOSED CO RIM fns GENETS CREEK RETAINING WALL \ `<' i nv 12.0\ i \ \ \ 6°" 123.54• \ BW 8.0 \ 1 CB RIM 5 5 \ \ + 0 ss, 7 00 � \\\� G\ I �, \ \ 57 \ \ - 73 0� HEALTH DEPARTMENT USE r0 PROPOSED - \` TR4C/r WATER SERVICE �� - _ \\ �Q°a4`o \ 4�ryLf \ � I1 \ `\\ � F•T P h `w\'>� CB RIM ss 3.94 1) DRY LL N` �( o RIM lIA \ \ \ O \\ - ° 1. \ ce \ S',oOS . < t !4 - .-/ \ \ \\\ .42 // \\\ �g5 �Qo a \ o�s�o �o e 5.05 as . 62 \\ O ^J\^^l \ `\ \U3 \ / / / \ / ENGINEER'S CERTIFICATION DO S9. 0 f e \ z \ �� * Tz \ , / — — _s_ ` \\ \. � - - .�;,40 `� / / / /' • THE WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES SHOWN M \ Bz, s. \ ♦ i \ q0, \ -+4.12 ` \ i / / HEREON COMPLY WITH THE STANDARDS AND REQUIREMENTS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES. � \ N �\ FFfRg7LRgqCe Ot ED O 4.51 �e9 S46 2y / HOWARD W. YOUNG, N.Y S. LS. NO. 45893 S (j THOMAS C. WOLPERT, NY S. PE NO 61483 FQ OfESSIONP�� } 3 80 ay PROPOSED SANITARY \ \ 700 ♦ W \ / e / / 4y LL P/4O9 /�' SYSTEM T" SURVEYOR'S CERTIFICATION / \ o \ \\ / / uw �l /' • WE HEREBY CERTIFY TO ROBERT A. MAC FARLANE \ \ / / / , 00t roe / THAT THIS SURVEY WAS PREPARED IN ACCORDANCE WITH THE 00' O ' \ / / \�` +0 CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW - \UPLAND CONSEION RU AREA / / (�� e\\ YORK STATE ASSOCIATION OF PROFESSIONAL LAND YORS 3.34 \ ' / oto / NEW \ I ae YO \ .71 2 / / F1' / v�tb�vd2s�lr' 0` 4 - JNIPERUS VIRGINIANA AO. /y/-J/yam-��-��).�+ . (EASTRN RED CEDAR) I �i- 4 \ Se, / 1I I r `LJ i ,sp �e + / V O 6'-7'HT. PLANTED 8' 0.0 1 y'ae'e \` AO, I 1 ODIP x°� / e\.P't / HOWARD W. YOUNG, N.Y.S. L.S. NO 45893 �O 45893 0 ' Eh ° II �SFDLANDS�� 50' WTLAND SETBACK LINE I - i75 �F 205 /' / PROPOSED LIMIT of CLEARING /^ SOO SURVEY FOR TEST HOLE 'LACE HAYBALES AND SILT 1 / DEC. 2, 1999 FEdCE DURING CONSTRUCTION I ' ,\ - - - - / i/ ROBERT A. MAC FARLANE " '°° LLSEEDEVELOPED NexEI WALL STONE KNEE"' I rae I / MAY 2 9 2003 LOT 80, 81, 82, 83 & Part of 84 senor L°ul o I. AREA FROM CONSERVATION AREA / ( I I i °, I "MAP OF SECTION 2 PROPERTY OF M. S. HAND ' °"°NN L°NAY SANE 25' STONE "COUNTRY KNEE" WALL 9''"4 `"o I ' (SM) S ALONG FRONT PROPERTY LINE fr 5'^o I / / ZONING BOARD OF APPEALS At Cutchogue, Town of Southold IN,ruz RIN Roxx so$ ZONE AS BASE (EL=B) AS SHOWN HEREON 6 f 3 fAly �'. Suffolk County, New York coA(SI sex° owwed s AS COINCIDENT WITH THE e CONTOUR 1000 136 02 06 1000 136 02 07 a-t, NOTE 9 / SANITARY DETAIL County rax MGP DOR1u 10Do S«tlo0 136 81-1, 02 To/ 08 WATER IN AREA = 1.4401 ACRES OR 62,730 SQ. FT. /' N.T.S. wE NET. R"E 1OISM • SUBDIVISION MAP "MAP of SECTION 2, PROPERTY OF M.S. BUILDING PERMIT S U RUE Y CO ANK sex° iso ON MAY 12 1939 ASOMAIPENO, 1280CLERK of SUFFOLK COUNTY UPLAND CONSERVATION AREA • VERTICAL DATUM = N.G.V. DATUM (M.S.L. 1929) • A CONSERVATION AREA, AS PER DEC SUBMISSION, ETI 4' X 4' CATCHBASIN CONSISTING OF ALL AREAS UPLAND FROM TUE 40 0-120 Fi-n� • ZONE USE DISTRICT = R-40 z•ul" Y Y u1x NON-DISTURBANCE BUFFER AREA ON LOT e AND PART OF _ T 1T—' s u� t7e • FLOOD INSURANCE RATE MAP NUMBER 36103C 0163 C LAST LOT 7 IS To BE ESTABLISHED, GENERAL AMENDMENTS MAY 28, 2003 ' r''c A u1N.rK ® 8' DIA 4' DEEP DRYWELL DATED MAY 4, 1998 • THE APPLICANT RETAINS THE RIGHT TO ACCESS THE AREAe' Ie eR • V - DESIGNATES PHOTO NO. & VIEW DIRECTION AND SELECTIVELY REMOVE UNDERBRUSH AND SMALL SAPLINGS 1 •' n 1E ev o-Aa AS PER BZA AND CLIENT MAY 22, 2003 GENERAL AMENDMENTS APR. 09, 2003 AND REPLACE WITH NATIVE PLANT MATERIAL SUCH AS T e'-°• a-°• BUILDING ENVELOPE OFF FEB. 27, 2003 4" PVC ROOF DRAIN • APPROXIMATE 300 CLL YDS. OF CLEAN FILL IS REQUIRED BEARBERRY (ARCTOSTAPHYLOS UVA URSI), FERNS :I tOoo cAua, i GENERAL AMENDMENTS JAN. 24, 2003 To FACILITATE TUE PROPOSED IMPROVEMENTS. (THELYPTERIS) BEACH PLUM (PRUNUS MARIPMA) AND /, * 3.41 = EXISTING SPOT ELEVATIONS — swnc FAN — r m"' GENERAL AMENDMENTS AUG. 13, 2002 • ALL DISTURBED AREAS ON THE "WATER SIDE" OF THE BLUEBERRY (VACCINIUM). _cre°ux° wnm<n-1.ac _ GENERAL AMENDMENTS JUNE 27. 2002 GENERAL AMENDMENTS JUNE 10, 2002 -----&----- = EXISTING CONTOURS HOUSE TO BE PLANTED WITH NON-TURF PLANTINGS SUCH AS • A STONE KNEE WALL IS TIO BE CONSTRUCTED TO / ro ..INS GENERAL AMENDMENTS MAR, 19, 2002 8 = VINCA MINOR (PERIWINKLE) AND BEARBERRY DELINEATE THE CONSERVATION AREA AND TO PROVIDE AN (a)e' wt . Broots MAP PREPARED JAN. 30, 2002 PROPOSED CONTOURS (ARCTOSTAPHYLOS UVA URSI). ACCESS POINT FOR THE APPLICANT. xo sfFrs FSW.A. SCALE ," = 20' (8 5) = PROPOSED SPOT ELEVATIONS / BP JOB No. 2001-0505 p- MauUMENT SET ■ - MBNMNENT FOMND A- STAKE SET ♦- STME FOUND O = [ATH SET II W . 2001_0505_bp -, NYoung & Young 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Howard W. Young, Land Sumeyor Thomw; C. Wolpert, Professional Engineer Robert C. Tast, Architect �e\Caea \ Ronald E. Pfuhl, Landscape Architect e W y`p Gc� �c /' \ WETLANDS LINE AS FLAGGED BY t O p cC JEFFREY L. SEEMAN, R.E M. COASTAL O i ENVIRONMENTAL CORP ON APRIL 4, 2000 01A Q eY� O 0e, \0r o, S � / / .26 `L00 93200+ ChrlStlh or for F e "O�h CerlY oh c\� ae etsoh �9 0e<5 700 ° Q ' r oo• j C0� e\ O Gro y d 'N `x .98 \ \ 1 47 >0 / S 00, C \ O.1 T J-4 \ > / 5r- s� - o•�° DRfDO dos.ss, .43 - o:"'e ep C-1N',� ONOFILEDEEK MAPS SHOWN 1 SHORE OF DREDGED CANAL IT � i \\\ \ hicN hq 19.20.5,0„ E 3. 6 41 tk EU PROPOSED CO RIM fns GENETS CREEK RETAINING WALL \ `<' i nv 12.0\ i \ \ \ 6P" 123.54• \ BW 8.0 \ 1 CB RIM 5 5 \ \ + 0 ss, 7 00 � \\\� G\ I �, \ \ 57 \ \ - 73 0� HEALTH DEPARTMENT USE r0 PROPOSED - \` TR4C/r WATER SERVICE �� - _ \\ �Q°a4`o \ 4�ryLf \ � I1 \ `\\ � F•T P h `w\'>� CB RIM ss 3.94 1) DRY LL N` �( o RIM lIA \ \ \ O \\ - ° 1. \ ce \ S',oOS . < t !4 - .-/ \ \ \\\ .42 // \\\ �g5 �Qo a \ o�s�o �o e 5.05 as . 62 \\ O ^J\^^l \ `\ \U3 \ / / / \ / ENGINEER'S CERTIFICATION DO S9. 0 f e \ z \ �� * Tz \ , / — — _s_ ` \\ \. � - - .�;,40 `� / / / /' • THE WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES SHOWN M \ Bz, s. \ ♦ i \ q0, \ -+4.12 ` \ i / / HEREON COMPLY WITH THE STANDARDS AND REQUIREMENTS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES. � \ N �\ FFfRg7LRgqCe Ot ED O 4.51 �e9 S46 2y / HOWARD W. YOUNG, N.Y S. LS. NO. 45893 S (j THOMAS C. WOLPERT, NY S. PE NO 61483 FQ OfESSIONP�� } 3 80 ay PROPOSED SANITARY \ \ 700 ♦ W \ / e / / 4y LL P/4O9 /�' SYSTEM T" SURVEYOR'S CERTIFICATION / \ o \ \\ / / uw �l /' • WE HEREBY CERTIFY TO ROBERT A. MAC FARLANE \ \ / / / , 00t roe / THAT THIS SURVEY WAS PREPARED IN ACCORDANCE WITH THE 00' O ' \ / / \�` +0 CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW - \UPLAND CONSEION RU AREA / / (�� e\\ YORK STATE ASSOCIATION OF PROFESSIONAL LAND YORS 3.34 \ ' / oto / NEW \ I ae YO \ .71 2 / / F1' / v�tb�vd2s�lr' 0` 4 - JNIPERUS VIRGINIANA AO. /y/-J/yam-��-��).�+ . (EASTRN RED CEDAR) I �i- 4 \ Se, / 1I I r `LJ i ,sp �e + / V O 6'-7'HT. PLANTED 8' 0.0 1 y'ae'e \` AO, I 1 ODIP x°� / e\.P't / HOWARD W. YOUNG, N.Y.S. L.S. NO 45893 �O 45893 0 ' Eh ° II �SFDLANDS�� 50' WTLAND SETBACK LINE I - i75 �F 205 /' / PROPOSED LIMIT of CLEARING /^ SOO SURVEY FOR TEST HOLE 'LACE HAYBALES AND SILT 1 / DEC. 2, 1999 FEdCE DURING CONSTRUCTION I ' ,\ - - - - / i/ ROBERT A. MAC FARLANE " '°° LLSEEDEVELOPED NexEI WALL STONE KNEE"' I rae I / MAY 2 9 2003 LOT 80, 81, 82, 83 & Part of 84 senor L°ul o I. AREA FROM CONSERVATION AREA / ( I I i °, I "MAP OF SECTION 2 PROPERTY OF M. S. HAND ' °"°NN L°NAY SANE 25' STONE "COUNTRY KNEE" WALL 9''"4 `"o I ' (SM) S ALONG FRONT PROPERTY LINE fr 5'^o I / / ZONING BOARD OF APPEALS At Cutchogue, Town of Southold IN,ruz RIN Roxx so$ ZONE AS BASE (EL=B) AS SHOWN HEREON 6 f 3 fAly �'. Suffolk County, New York coA(SI sex° owwed s AS COINCIDENT WITH THE e CONTOUR 1000 136 02 06 1000 136 02 07 a-t, NOTE 9 / SANITARY DETAIL County rax MGP DOR1u 10Do S«tlo0 136 81-1, 02 To/ 08 WATER IN AREA = 1.4401 ACRES OR 62,730 SQ. FT. /' N.T.S. wE NET. R"E 1OISM • SUBDIVISION MAP "MAP of SECTION 2, PROPERTY OF M.S. BUILDING PERMIT S U RUE Y CO ANK sex° iso ON MAY 12 1939 ASOMAIPENO, 1280CLERK of SUFFOLK COUNTY UPLAND CONSERVATION AREA • VERTICAL DATUM = N.G.V. DATUM (M.S.L. 1929) • A CONSERVATION AREA, AS PER DEC SUBMISSION, ETI 4' X 4' CATCHBASIN CONSISTING OF ALL AREAS UPLAND FROM TUE 40 0-120 Fi-n� • ZONE USE DISTRICT = R-40 z•ul" Y Y u1x NON-DISTURBANCE BUFFER AREA ON LOT e AND PART OF _ T 1T—' s u� t7e • FLOOD INSURANCE RATE MAP NUMBER 36103C 0163 C LAST LOT 7 IS To BE ESTABLISHED, GENERAL AMENDMENTS MAY 28, 2003 ' r''c A u1N.rK ® 8' DIA 4' DEEP DRYWELL DATED MAY 4, 1998 • THE APPLICANT RETAINS THE RIGHT TO ACCESS THE AREAe' Ie eR • V - DESIGNATES PHOTO NO. & VIEW DIRECTION AND SELECTIVELY REMOVE UNDERBRUSH AND SMALL SAPLINGS 1 •' n 1E ev o-Aa AS PER BZA AND CLIENT MAY 22, 2003 GENERAL AMENDMENTS APR. 09, 2003 AND REPLACE WITH NATIVE PLANT MATERIAL SUCH AS T e'-°• a-°• BUILDING ENVELOPE OFF FEB. 27, 2003 4" PVC ROOF DRAIN • APPROXIMATE 300 CLL YDS. OF CLEAN FILL IS REQUIRED BEARBERRY (ARCTOSTAPHYLOS UVA URSI), FERNS :I tOoo cAua, i GENERAL AMENDMENTS JAN. 24, 2003 To FACILITATE TUE PROPOSED IMPROVEMENTS. (THELYPTERIS) BEACH PLUM (PRUNUS MARIPMA) AND /, * 3.41 = EXISTING SPOT ELEVATIONS — swnc FAN — r m"' GENERAL AMENDMENTS AUG. 13, 2002 • ALL DISTURBED AREAS ON THE "WATER SIDE" OF THE BLUEBERRY (VACCINIUM). _cre°ux° wnm<n-1.ac _ GENERAL AMENDMENTS JUNE 27. 2002 GENERAL AMENDMENTS JUNE 10, 2002 -----&----- = EXISTING CONTOURS HOUSE TO BE PLANTED WITH NON-TURF PLANTINGS SUCH AS • A STONE KNEE WALL IS TIO BE CONSTRUCTED TO / ro ..INS GENERAL AMENDMENTS MAR, 19, 2002 8 = VINCA MINOR (PERIWINKLE) AND BEARBERRY DELINEATE THE CONSERVATION AREA AND TO PROVIDE AN (a)e' wt . Broots MAP PREPARED JAN. 30, 2002 PROPOSED CONTOURS (ARCTOSTAPHYLOS UVA URSI). ACCESS POINT FOR THE APPLICANT. xo sfFrs FSW.A. SCALE ," = 20' (8 5) = PROPOSED SPOT ELEVATIONS / BP JOB No. 2001-0505 p- MauUMENT SET ■ - MBNMNENT FOMND A- STAKE SET ♦- STME FOUND O = [ATH SET II W . 2001_0505_bp OLSEN & OLSEN, L.L.P ATTORNEYS AT LAW GARY PLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW P.O. BOX 706 • 32495 MAIN ROAD • CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-734-7666 FAX 631-734-7712 • olsenlaw@optonline.net June 5, 2003 Re : McFarlane/Schussel I Board Members : I just received 'IGail Wickham' s letter addressed to you dated June 5, 2003 atjapproximately 4 : 00 p .m. In response I would like to point out that the conditions of the DEC and Southold Town Trustees, and Health Department approvals will have to be met when the house is constructed. Approvals have been received by all of the above listed agencies, respective to their jurisdictions . We are before the Zoning Board of Appeals for a front yard setback variance to locate the house 37 . 5 feet from the street . We are not before the Zoning Board of Appeals to revisit the approvals and conditions of other governmental agencies referred to above . This variance application is necessitated due to the conditions imposed by the DEC and Southold Town Trustees . I wish to remind the Board that it granted to LoGrande a 35 foot setback. We have been going through the permit process for well over three years and have obtained all the other permits necessary. Mr. McFarlane has attempted to address all the issues raised at the Zoning Board public hearings and has been sensitive to the neighborhood concerns . The last set of plans submitted to your Board by ng and Young attempted to address said concerns . I respec ive y request that this application be approved. I Very tr ly y ur GAMY FLA R O SEN i Southold Town Zoning Board of Appeals Hand Delivered I ' I cc: Abigail Wickham, Esq. Faxed to : 298-8565 i I i i I JUN-05-2003 15:54 FROM:WICKHAII & BRESSLER 631 292 e565 TO:6317659064 P.002/004 ,,YL) LAW or?tors WICKH M, BRESSLER,CORDON&CEA.SA,,P,C. 1301.5 MAIN ROAD, P.o,BOX 1424 WILLIAM WICKHAM(0( 2) MA=TUCK,LONG ISLAND f:RTC 1,BRESSLER NEW YORK 11952 275 BROAD HOT f OW ROAD ABIGAIL A. W1CXHAM SUITE 111 LYNNT:.M,GOR.DON M LVILLE, NEW YORK 11747 JANET GE.ASA � 631-298-8353 .... TELEFAX NO,631-298-8565 631-249-9480 wwwblaw@a.ol.cotrl TELEFAX NO.631-249-9434 June 5,200-1 UN 20 Tow of Southold Zo,reing Board of Appeals JUN m F200 53095 Main Road Post 0( ice Box 1179 Zofql 80APD OF Southold,New York 11971 o t� n��F AL PEALS Re: McFarlane."901118sel Ladies aii,d Gentlemen: The Fleet's deck property Owners Association remains opposed to the construction of a residence on.this parcel,over 50% of which is located outside of the allowable building envelope. They feel that the Towu should not grant such extensive relief.particularly on an mentally sensitive parcel where no economic hardship ordi,f1'icul,ty has been demonstrated. As requested,, we submit for your consideration the following conditions oa the greenbelt area which,the applicant has off'eted for the south portion of the property; 1. Compliance with all conditions of DEC and Southold Town Trustees. 2. The upland conservation area should,include more of the road fTontage area to the south of the residence, (As the plan now proposes clearing,a large area would.be impacted near the road, and significantly disrupt the woodsy appearance of the property. We propose,that the uplar)d conservation area,run fa�om a point where the drywell rim 7.0 is sho xv. We enclose a sketch with an approximate line.) 3. The area would encompass the entire area from the street to the 40' non-d,isturb7nce area to the South of the residence. 4. Within tlje area designated a`5"upland conservation ares', a)the property will be left in its natural state and at natural grade,with the existing predominantly oak woods area to retr,aim JUH-05-2003 15:55 FROM:WICKHAM 8 BRESSLER 631 298 8565 TO:6317659064 P.003/004 b)there will.be no f'encc or shrubbery over 2,5 feel.in height frorn natural grade,no structures or amn,made improvements,no vegetztion which.wall grow to more than,2.5 feet,and no fence of any height on the interior portion of the area. (The phut shows a 2'5 stone fence- - we leave it to the Board's discretion as to whether a different type of fence or no fence is permitted). e)The only trees to be removed would be saplings of less than 2' diameter, dead trees,trees which have fallen naturally by the elements,and selective removal of non-native underbrusli, Any areas of underbrush removal would be immediately replanted with low-growring varieties of groundcovcr. (Some of the varieties suggested by the applicant grow up fairly high land/or are not suitable for shady areas,) d)The woodland fringe on the Town roadbed in front of the upland conservation area would be sutject to the se-une limital.ions, as some of the trees are located in this arca. e)There will be no removal of fioil and no installation of lights or utilities. Thark you for your consideration. Very truly yours, :RECEIVED Abigail A. Wickham 2003 BO ;9n'Fl —A-C-ALS 3oi 5a cc: Gary Olsen,Esq. JUN ® ?403 4pp ��4S JUN-05-2003 15:55 FROM:WICKHRM & BRESSLER 631 29B 8565 T0:6317659064 P.004r004 RtCEIVED I, (/ JUN N N e 5 2003 Q f 2003 10 NTNG BOARD OF AP F - +�!O,, � � APPEALS r w l JUjVN _ �0 0 L r ( NO < Ld 1, _ �,.. I '' ,o Ik K 14 a ! JUN-05-200315:54 FROM:WICKHAM & BRESSLER 631 298 8565 T0:6317659064 P.001%004 Law Offices 1301.5 Main Road,P,O, Box 1424 r JUN ® � Mattituck,New York:11952 � 631-298e3353 Z�aft�ra� ,, Telefax no.631,-298-3565 �. ..'b� �® APp eALS" To: 1 , Pax#; - - From: W i ck Date" �ss' Re-, Comments: iThis is page one of-4- This transmission contains information confidential and./or legally privileged" It is intended,For,use only by the person to whoa+,it is directed. if you have received Oita telecopy in error,please notify us by telephone immediately so tbAt we can arfAnge for the retuaU of tie documents to u,4 at 1a0 cost to you, if you do not receive all of the pages indicated,please call as soon as possible at the number above. r I I MW-29-2003,+14:32 FROM:WICKHWM 8 BRESSLER 631 298 8565 TO:7659064 P.0011001 LA,W 01-71410ES WICKHAN4, J3RESSLER,GORDON& GFASA P.C. 1:015 MAIN ROAD, P.0,BOX 1424 WILY.LIAM WICKHAM(06-02) NIAT71TUCK,LONG 1SLAND MELVILLE 01+ICS ERTC J.ERE"-LER NBW YORK 11952 275 BROAD HOLLOW 10 ABIGAIL A.WICKHAM SUITE I I1 LYNNE M,00RDO N --.- MELVTLLE, N.Y. 1174.7 IANL l'G£ASA 631298-8353 """ TI-'LEFAX NO.631-298-8565 631-249-9490 T AXNO 631.249-94-94 May 29,2003 Town of Southold Zoning Bvard of Appeals 53095 Main Road Post Office Box 1179 Southold,New York 11971 Re: MffaarlaAa e/Schnsgel Pre iise% Stillwater Ave.,Gtltchog,ue, N.Y. 11,935 SG'TM, 4 1000-136-2-7/8 Appeal No. 5259 t Ladies and Gentlemen: This afternoon I received Young and Young's plan and letter regarding the buffer area.. I ani sending this,togctller with the copy of the DEC permit which Mr. Olsen sent me last week to The Meet's Neck Property Owtwr's Association for comment, and will advise early meat week�q to their requests for conditions as to the open area. Very,truly yours, Abigail A. Wicldim-'I AAIT'lib 301.7 r,dXFa cc: Ray I-J antington Gary F. Olsen, Esq. RECEIVE MAY 2 9 200 ZONING BOARD OF A ELALS a FLEET' ECK PROPERTY ( SOCIATION , INC. CUTCHOGUE , N Y 11935 April 28,2003 R UIN EM Lydia Tortora, Chair APR 2 9 200341 Southold Town Zoning Board of Appeals cu. e 53095 Main Roadz ,ii�iG 10A OF APPEALS PO Box 1179 Southold,NY 11971-0959 Re: Application of Schlussel/MacFarlane SCTM#1000.136-2-6,7,8 Dear Ms. Tortora: In light of the recent disclosure contained in the Schlussel/MacFarlane application with regard to the addition of fill to the property and run-off containment, contact was made by the Fleet's Neck Property Owners Association with the Southold Board of Town Trustees. Their response is attached. We, the Fleet's Neck Property Owners Association,request the Board of Zoning Appeals return the Schlussel/MacFarlane application to the Board of Town Trustees for re-examination. Sincerely, Tom Wetzel, President i Cc: ZBA Board Members Board of Town Trustees Abigail Wickham, Esq. Carl Vail Peter Bell Barbara DeFrancesco FNPOA Executive Committee members r Albert J. Krupski, President O��S�FFO(�-COG Town Hall James King, Vice-President r�`Z` �� 53095 Route 25 Artie Foster o :� P.O. Box 1179 Ken Poliwoda Southold, New York 11971-0959 Peggy A. Dickerson y �� Telephone (631) 765-1892 ��( Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 23 2003 i Mr. Tom Wetzel President Fleetwood Property Owners Association, Inc. PO Box 554 Cutchogue, NY 11971-0959 RE: Schlussel/McFarland SCTM#136-2-6,7 & 8 Dear Mr. Wetzel: Thank you for the information on the Schlussel/McFarland application. I Any addition of fill to the property would necessitate an amendment to their current Trustee Permit. Any grade change would require the applicant to show (and verified by a professional) how the run-off would be contained on the site, and not discharged either directly into the creek or onto the Town road and then into the creek. Thank you for the information. Very truly yours, "-r Albert J. Krupski, Jr. President, Board of Trustees AJK:cjc I • I • Ali FLEET' ECK PROPERTY OWN SOCIATION , INC. CUTCHOGUE , N Y 11935 April 21, 2003 Southold Board of Town Trustees c/o Mr. Albert Krupski, Jr., President PO Box 1179 Southold, New York 119717b959 Subject: Schlussel/MacFarlane (SCTM# 1000-136-2-6/7/8); Permits to Develop Dear Mr. Krupski: r Mr. MacFarlane, the contract vendee to the Schlussel estate, continues to pursue a substantial Zoning Board of Appeals (ZBA) variance for,a reduced front-yard setback to site a house on the subject parcel. The ZBA has inquired as to a smaller house, less than the 2700 square feet of area'lately proposed, partly to minimize the magnitude of the front yard setback variance. A survey type drawing of the building envelope within the town requirements was requested. The drawing supplied to the ZBA shows a building envelope of about 1300- 1400 square feet. Within that envelope, a rectangular building of 24x36 feet (864 square feet) would require only a minimal variance. The hearing dialog involved issues that probably are continuing concerns of the Board of Town Trustees. The developers intend to add about 300 cubic yards of fill to raise the grade around the house and over the cesspools. Discussion lead to questions about surface water run-off for which the plan has no provisions. Members of the ZBA asked for a hay-bale environmental fence barrier. We regard such a barrier to be largely cosmetic. The hearing remains open,but we believe these drainage issues also concern the Board of Town Trustees ! Please maintain your interest in this petition since it concerns our community waterfront and is a significant test of the town's ability to sustain the intent of the code. Beyond the instant case, there are ramifications with respect to other unbuildable lots. Sincerely, Tom Wetzel, President cc: Abigail Wickham, Esq. FNPOA Executive Committee members Carl Vail, Peter Bell, Barbara DiFrancesco File-SchlussclWcFallane&U421 doc ZONING BOARD OF APPEALS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 (631) 765-9064 FAX Email: Linda.Kowalski(cr-Town.Southold.ny.us Paula.Qu intieri(aD-Town.Southold.ny.us Jessica.Bog er(cD-Town.Southold.ny.us hftp://southoldtown.northfork.net TO: C In FAX#: 2k4 DATE: C( ,a-c( U PAGES: to follow APPL OF: C HEARING: S _ . C RE: � W� Zs � l ' 2ANSMISSION VERIFICATION REPORT ' TIME 04/2912003 13:48 DATE DIME 04129 13:47 FAX N0./NAME 7347712 DURATION 00:01:36 PAGE(S) 04 RESULT OK MODE STANDARD ECM II, F- LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND MELVILLE OFFICE ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW RD ABIGAIL A.WICKHAM SUITE 111 LYNNE M GORDON ---- MELVILLE, N Y. 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 FAX NO.631-249-9484 April 18, 2003 REC Town of Southold Zoning Board of Appeals R 2 1 2003 53095 Main Road S Post Office Box 1179 zoNina oea1�® ®F APPEALS Southold,New York 11971 Re: McFarlane/Schussel Premises: Stillwater Ave., Cutchogue,N.Y. 11935 SCTM# 1000-136-2-7/8 Appeal No. 5259 Ladies and Gentlemen: The Fleet's Neck Property Owner's Association remains opposed to the variance on this marsh fringe. If it is buildable, which we seriously question, it should be only with a small house which does not overshadow the established setbacks of the neighborhood. The LoGrande house at 43 feet establishes the most important benchmark, and no justification for reducing beyond this number has been furnished. The allegation that LoGrande was approved for 35 feet many years ago is moot, as he built at a 43 foot setback and that, together with the similar setbacks of the neighbors across the street, has established the neighbor setback in that locale. We enclose a letter from the Association to which we ask you give your careful consideration. Very trul yours, / Ab 1 A. Wickham AAW/1b 30/shdzba cc: Ray Huntington Gary F. Olsen, Esq. FLEET' ECK PROPERTY OWN SOCIATION , INC. _ •rC' P. = 54 CUTCHOGUE , N Y 119SS April 11,2003 CI VED Lydia Tortora,Chair APR 2 1 2003 Southold Town Zoning Board of Appeals 53095 Main Road zo�i�,� �o��o o� �P��►�s PO Box 1179 Southold,NY 11971-0959 Re: Application of Schlussel/MacFarlane SCTM#1000.136-2-6,7,8 Dear Ms.Tortora: We of Southold have agreed on a code of rules concerning where and what structures are to be built on real property. An owner of land may use his property in any lawful(code-supported) way. In specific circumstances,the rules may not always foresee the public intent as expressed in the code. For this reason,the Zoning Board of Appeals was created to interpret the code and refuse,or allow,exceedances in keeping with the intent. In the instance of Schlussel/MacFarlane,we see no reason to exceed the code. Any house to be built should be within the law,that is: • 50 feet set-back from the road and allowable side yard • No more than 35 feet high from the original grade • Within the set back from the wetland prescribed by the Board of Trustees • In accordance with building code requirements If the ZBA is inclined to allow exceedances in front yard set back,there should be a balancing reduction in the allowable height(e.g.reduced to a smaller single-story house with a 43-foot set- back). Exceedances without compromise are unacceptable. In closing,may we also point out that we the people of Southold have repeatedly and consistently said that we want to preserve our remaining waterfront properties. Preservation has become the policy of the town. Exceedances of the code that allow building upon otherwise unbuildable property fly in the face of the public will. Sincerely, /el Tom Wetzel President Cc: Board of Trustees Abigail Wickham,Esq. Carl Vail Peter Bell Barbara DeFrancesco FNPOA Executive Committee members 0 0 o alo ® 3 o Members of the Southold Town Board of Ethics ° Upon speaking to Gary F. Olsen and receiving his letter: We wish I O to apologize to Mr. Olsen. We received our certified notice of the 0 , hearing on the Schlussel property before the Trustees from Permits and Drafting as you may note from our original enclosures. Since I Mr. Olsen represented the Schlussels before the Trustees we thought that he had hired this service. I Mr. Olsen states otherwise and we take him at his word. ® We therefore ask the board to withdraw any references to ° Mr. Olsen from our letter and again apologize for any disservice we may have caused him. -We still ask you to judge the merits of the rest of our letter. D 0 I � a Carl Vail III 3230 Stillwater Ave. Cutchogue, N.Y. 11935 Peter Bell 3580 Stillwater Ave. Cutchogue, N. Y. 11935 cc: Josh Horton Zoning Board of Appeals b i 1 ° j MARCH 19, 2003 LYDIA TORTORA CHAIRWOMAN ZONING BOARD OF APPEALS SOUTHOLD, NY 11971 RE:• APPL# 5259 ESTATE OF MURRAY SCHLUSSEL FRONT YARD VARIANCE DEAR MS. TORTORA: THANK YOU FOR REQUESTING FURTHER INFORMATION ON THE PROPOSED DWELLING FOR MR. MAC FARLAND AT THE LAST HEARING. I WAS HAPPY TO HEAR THAT YOU WERE CONCERNED WITH THE VISUAL IMPACT AND HAD ALSO REQUESTED THAT THE HOUSE BE DOWNSIZED IN ORDER FOR IT TO BE A MORE APPROPRIATE FIT FOR THE PROPERTY. I HAVE REVIEWED THE SUBMITTED PLANS AND I AM NOT CONVINCED THAT THIS REPRESENTS ANYTHING THAT CAN BE CALLED A COMPROMISE. IT CERTAINLY HASN'T CHANGED MY OPPOSITION TO THIS REQUEST FOR VARIANCE. I LIVE IN AND OWN THE HOUSE DIRECTLY ACROSS THE STREET FROM'WHERE THIS HOUSE IS TO BE CONSTRUCTED. I AM WONDERING IF MY NEXT STEP IS TO APPLY FOR A FRONT YARD VARIANCE SO THAT I CAN CONSTRUCT A THRTY FOOT TRELLIS FENCE IN ORDER TO PROTECT MY PRIVACY AND QUALITY OF LIFE ONCE THIS HUGE HOME IS LOOMING OVER THE STREET CREATING A FEELING OF CLAUSTROPHOBIA. IT WILL SEEM AS IF HE HAS BUILT HIS HOME IN MY FRONT YARD: MR. MAC FARLAND STATED THAT HE WANTED TO BUILD A"LITTLE COTTAGE...SOMETHING SENSITIVE, GENTEEL, SMALL" AT THE LAST ZBA HEARING. A TWO-STORY CENTER HALL COLONIAL IS NOT A COTTAGE. A COTTAGE AS DEFINED BY WEBSTER'S DICTIONARY IS A SMALL HOUSE CONSISTING OF ONE STORY. I-GUESS THAT MR. MAC FARLAND'S IDEA OF A COTTAGE IS THE TYPE BUILT IN NEWPORT, RHODE ISLAND AT THE TURN OF THE 20TH CENTURY, COMPARED TO THAT HIS PROPOSAL IS INDEED SMALL, GENTEEL, AND SENSITIVE. THE HOUSE, AS DEPICTED ON THE SUBMITTED FLOOR PLANS, IS 3,130 SQ. FT. THIS EXCEEDS THE AVERAGE SIZE OF NEW CONSTRUCTION IN AMERICA BY ABOUT 25%. THE 63 FOOT LENGTH OF THE HOUSE DOES NOT ACCOUNT FOR THE 18 FOOT DECK WHICH MAKES THE VISUAL BULK 81 FEET LONG, WHICH WILL BE SETBACK ONLY 31 FEET. FURTHERMORE, THE 31 FEET IS NOT INCLUSIVE OF THE ENTRANCE, WHICH APPEARS TO BE GRAND ACCORDING-To THE PLANS. THAT MEANS ONCE YOU INCLUDE THE STEPS, WALKWAYS, LANDSCAPING, ETC. IT WILL BE PRETTY MUCH RIGHT UP TO THE ROAD. THAT IS WHY I WILL FEEL AS IF IT IS IN MY YARD. THIS DOES NOT FIT IN WITH THE FEEL OF THE NEIGHBORHOOD. IF IT WOULD NOT BE TOO MUCH OF AN INCONVENIENCE, A VISIT TO THE SITE WOULD REVEAL TO THE ZBA JUST HOS.'LUDICROUS THIS REQUEST REALLY IS. IN FACT, IT IS ABUSING THE GOOD SPIRIT OF THE ZBA. I AM AFFRONTED BY THIS ABUSE. THE TOWN OF SOUTHOLD BAS ALREADY GRANTED RELIEF FOR THE WETLAND PERMIT. THE PERMIT WAS GRANTED DESPITE THE FACT THAT THE PLANS DID NOT CONFORM TO THE STIPULATIONS SET FORTH BY THE BOARD OF TRUSTEES, WHICH ARE CLEARLY STATED IN THE MINUTES OF THE APRIL 24, 2003 PUBLIC HEARING. HOW THAT HAPPENED IS STILL A MYSTERY. AS FAR AS THE ARGUMENT THAT MR. OLSEN KEEPS PRESENTING" TO NOT GRANT THIS FRONT YARD VARIANCE WOULD IN EFFECT ESSENTIALLY RESULT IN THE CONDEMNING OF THIS PROPERTY WITHOUT PROPER COMPENSATION TO THE PROPERTY OWNER AND IS THE EQUIVALENT OF A TAKING" IS SIMPLY NOT TRUE AND NOT A VALID ARGUMENT. THAT PROPERTY IN TODAY'S MARKET WOULD BE SELLING FOR AT LEAST$500K EVEN WITH THE NARROW BUILDING ENVELOPE. A CLEVER ARCHITECT CAN COME UP WITH A GREAT PLAN. IT HAS BEEN DONE BEFORE.1 THERE ARE A NUMBER OF GOOD BOOKS AVAILABLE THAT SHOW HOW THIS CAN BE ACCOMPLISHED. MR. MAC FARLAND IS PAYING$210K FOR ALMOST 1 '/i ACRES OF CREEKFRONT PROPERTY, THAT IS AREAL BARGAIN. THE PROPERTY COULD EASILY BE SOLD TO SOMEONE ELSE WHO WOULD BE MORE THAN HAPPY TO BUILD THE SPECIAL TYPE OF HOME THAT PROPERTY REQUIRES. THE RIGHT BUYER WOULD BE DELIGHTED. IF MR. MAC FARLAND IS NOT SATISFIED WITH THE TYPE OF DWELLING THE PROPERTY WARRANTS PERHAPS HE SHOULD CONSIDER BUYING ANOTHER PARCEL. THE SCHLUSSEL'S KNEW THE PROPERTY HAD BUILDING CONSTRAINTS WHEN THEY PURCHASED IT. IS IT FAIR TO ASK THE COMMUNITY TO PAY THE CONSEQUENCES FOR THEIR INVESTMENT CHOICE? IS IT FAIR FOR MR. OLSEN TO ASK THE ZONING BOARD TO GRANT RELIEF USING THE SAME REASONING THEY DID OVER 20 YEARS AGO FOR MR. LOGRANDE. MANY LAWS, CODES, AND THINGS IN GENERAL HAVE CHANGED IN THE LAST 20 YEARS AND FOR VALID REASONS. MR. OLSEN SEEMS TO BE UNDER THE IMPRESSION THAT" THE REASON WE HAVE A ZONING BOARD IS TO GIVE PEOPLE LIKE THE SCHLUSSEL FAMILY RELIEF FROM THE CURRENT CODES ON THESE PRE-EXISTING PROPERTIES BECAUSE WE CAN'T MEET CURRENT CODES." IS THIS THE REASON WHY WE HAVE A ZONING BOARD? WHAT ABOUT THE PEOPLE WHO LIVE IN THE COMMUNITY?WASN'T THE ZONING BOARD EMPOWERED TO PROTECT THEM AS WELL? ONCE AGAIN, I WANT TO STATE THAT I AM NOT OPPOSED TO A HOME BEING BUILT ON THAT PROPERTY AS LONG AS IT IS WITHIN THE GUIDELINES THAT HAVE BEEN SET FORTH BY THE TOWN OF SOUTHOLD. I AM COUNTING ON THE ZONING BOARD OF APPEALS TO UPHOLD THE LAW AND NOT GRANT THIS UNREASONABLE REQUEST THAT WILL NEGATIVELY IMPACT THE LIVES OF THE PEOPLE WHO LIVE IN THE NEIGHBORHOOD. PLEASE DON'T LET OUR COMMUNITY DOWN. RESPECTFULLY, BARBARA DIFRANCESCO XSEN & OLSEN, L.L.P. `", � I ATTORNEYS AT LAW GARY PLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW i P.O. BOX 706 • 32495 MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 631,-734-7666-.------FA-X--6-3-1,7-7-34-7712x • olsenlaw@optonline.net N 20 March 20, 2003 Re : Permits and Drafting Neil Schlussel f ,312,403 La-) j SCTM: 1000-136-2-6, 7 , &8 f � Dear Ms . Stulsky: � I Please be advised that I am writing to you today in response to a letter dated March 7, 2003, which was sent to the Southold Town Board of Ethics by Carl Vail, III and Peter Bell, stating in part, "The conflict problem arises from the fact that the secretary of the Zoning Board, Linda Kowalski, was hired by Gary' Olsen to seek permits and variances on this same property from the Suffolk County Health Department and the Southold Town Trustees ." I would like to make it clear that I have never hired either Permits and Drafting or Linda Kowalski at any time, on any file . Furthermore, I have never recommended to any client to hire Permits and Drafting or Linda Kowalski . I take issue with the accusations and negative insinuations which are made in said letter by Mr. Vail and Mr. Bell . I have been practicing in this community for over 30 years and do not appreciate my; reputation and ethics questioned. I would suggest that Mr. Vail and Mr. Bell get their facts straight before making such accusations . I would expect a written apology from Mr. Vail and Mr. Bell who have stooped to a new low in their opposition to a house being build on the above referenced property. Permits and Drafting had been hired by Neil Schlussel with regard to obtaining Health Department, DEC and Southold Town Trustee permits before Mr. Schlussel had retained my legal services . The application process has been taken over for the last couple of years by Young & Young surveyors and Permits and Drafting have had no imvolvement since . My law firm has made application to the Zoning Board of Appeals regarding a front yard setback variance, and any issues, questions, or appearances regarding said application have been made solely ,by my firm and Young & Young. I I I would like an apology from Mr. Vail and Mr. Bell regarding their misrepresentation of my involvement with any purported conflict of interest . Should the Board of Ethics have any questOto for me regarding this issue please do not hesitacontact me . Very ty urs, f GA FL N R OLSEN GFO:dwo Southold Town Board of Ethics Attention: Christine Stulsky Southold Town Hall Main Road I Southold, NY 11971 Hand Delivered cc. Carl Vail, III 3230 Stillwater Ave . Cutchogue, NY 11935 Peter Bell 3580 Stillwater Ave . Cutchogue, NY 11935 Zoning Board of Appeals Town of Southold Hand Delivered I I i I F FORM NO. 3 NOTICE OF DISAPPROVAL DATE: September 24, 2002 TO: Gary Flanner Olsen A/C Schlussel PO Box 706 Main Road Cutchogue,NY 11935 Please take notice that your application dated September 23, 2002 For permit to construct a single family dwelling at i Location of property: 3085 Stillwater Avenue, Cutchogue,NY County Tax Map No. 1000 - Section 136 Block 2 Lot 6, 7 & 8 Is returned herewith and disapproved on the following grounds: The proposed construction located on three parcels, totaling 62,730 square feet in the Residential R-40 District, is not permitted pursuant to Article III, Section 100-32, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120 R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Bulk schedule requires a minimum front yard setback of 50 feet. Although the above referenced project is proposed on three separate parcels, the applicants intend to merge the parcels upon approval from the Southold Town Zoning Board of Appeals. Total lot coverage, following construction, will be+/-4 percent. Authorized ' ature Note to Applicant: Any change orl';deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. � x March 7, 2003 Members of the Southold Town Board of Ethics: We are writing to you to report a conflict of interest that affects our Town, particularly our Zoning Board, currently approving an application by Neil Schlussel for a variance on his property, application # 5259 SCTM 1000-136-02 lots 6, 7 and 8. The conflict problem arises from the fact that the secretary of the Zoning Board, Linda Kowalski, was hired by GaryOlsen to seek permits and variances on this same property from the Suffolk County Health Department and the Southold Town Trustees. Linda made these applications through her businesses, "Permits and Drafting" and "Document Service Consulting Unlimited". Please see enclosed copies. When I brought this to the attention of the Zoning Board, they assured me that Mrs. Kowalski recuses herself for meetings or parts of meetings where this occurs and that you are the body that makes judgements about this. Our points about this matter are twofold: 1. Is it appropriate for an employee of the Town who is the secretary of the Zoning Board and works at Town Hall to run a permit service? This person has all the records and regulations of the Town at their disposal as well as all the employees and departments close by to consult with. This has to be an advantage over similar services they might compete with. Certainly an attorney like Gary Olsen seeking permits from the Trustees or Zoning Board would hire this service. Unfortunately, this gives to us the appearance of impropriety. 2. These actions raise the question of whether or not we can receive a fair hearing before the Board of Zoning. Linda Kowalski may not be a member of the board but she is definitely a highly valued employee. We ask the Ethics Board to correct this situation and prevent attorneys and developers from using valued employees of our Town to further their interests at the expense of taxpayers and the good name of Southold Town. Please note we are enclosing notes ,and letters to document this. Thank you. Carl Vail, III k*=_ RAJ'On 6c,LA Peter Bell zh COUNTY OF SUFFOLK 00 p Robert J. Gaffney SUFFOLK COUNTY EXECUTIVE i DEPARTMENT OF HEALTH SERVICES CLARE B. BRADLEY,M.D., M.P.H. Commissioner April 12,2001 I Ms. Linda Kowalski Document Service Consulting PO Box 743 Mattituck,New York 11952 Re: R10-00-0021 ---Neil Schlussel,Map of Section 2,Property of NS Hand, Cutchogue—t/o Southold— SCTM No.: 1000-136-02-7 and 8 Dear Ms. Kowalski: Your request to appear before the Board of Review of the Suffolk County Department of Health Services has been received. The review of this case has been scheduled for May 10, 2001 at 3:00 P.M. in the Suffolk County Department of Health Services' Conference Room, County Center, Room S-238, Riverhead. You and interested parties are requested to appear,with or without counsel. On that occasion,you may produce any information or evidence you wish to be considered concerning the above-referenced property. Should you have any questions,please call (631) 853.3086. Very truly yours, James H. Pim,P.E. Chairman,Board of Review JP/kn cc: Martin Trent Carl Vail,III Sy Robbins Frank Licari James Bagg,Planning Dpt. Michael LoGrande Valerie Scopaz,Town of Southold Young and Young—T. Wolpert Roy Reynolds,PE - SCDHS I Suffolk County Department of Health Services Board of Review 220 Rabro Drive—Hauppauge,NY 11788 (631)853.3086—Fax:(631)853.3075 I 1 PERMITS & DRAFTING UNLIMITED Pi.O. Box 743 1 , attituck, NY 11952 (63 1) 298-5968 (ph-fax) February !2000 Dear We are assisting Neil Schlussel in submitting applications regarding a future single-family dwelling at his property located on the east side of Stillwater Avenue, Cutchogue. The property is highlighted on the enclosed area,map foi•your convenience. We are sending this letter as a Town Code requirement to neighboring landowners in order to confirm the application is being consider,l and that a date and time Of the public hearing has been scheduled by the Town Trustees, Your 811C11dance is not required, although the hearing is held to hear any persons who wish to submit in I c>rmation or be heard. This application is scheduled for 7:00 p.m. on Thursday, February 24, 2'000 ,i< <he Southold Town Hall, 53095 Main Road, Southold,NY 11971. Ifyou have any questions,please feel Free to call Gary Olsen,Esq.,attorney for Mr. Schlussel, directly at his Cutchogue office at 734-7660. The Trustees' Office may also be contacted at 765- 1892 (Office is now located in Feather I lill). Very truly yours, Permits & Drafting Unlimited Enclosures OCx 7uCl_��,LIP r� �� f� � "VP - �-A� 40 U l SES SUFFOLK COUI -i >< DEPARTMENT OF HEALTH SEH WWM-059 OFFICE OF WASTEWATER MANAGEMENT REV. 7/94 COUNTY CENTER, RIVERHEAD, NEW YORK 11901 S"IFF01Lv "r" 11T%' 516-852-2100 L'FPT, _ ? ` r APPLICATION FOR APPROVAL TO CONSTRUCT SEWAGE DISPOSAL AND WATER SUPPLY FACILITIES FOR SINGLE FAMILY DWELLING - Before completing this application refer to Bulletin WWM-041 ("Submission Requirements For Single Family Dwellings") PLEASE TYPE OR PRINT•LEGIBLY. jj; '` ►D 1. NAME OF APPLICANT Neil Sch1usRe1 � 11-954-916-0892 ADDRESS 8040 Cleary. --Blvd , 4414, Plantatinn , FT' ��24 PHONES7:2:0 K222HAA21 2. NAME OF AGENT IF NOT APPLICANT no'-1,men� service Consn ( ) lting Co. ADDRESS P.O. Box 743 , Mattituck, NY 11952 PHONE 516-298-5968 3. NAME OF CURRENT PROPERTY OWNER (IF NOT APPLICANT) Ramp- ADDRESS , amaADDRESS PHONE 4. DESIGN-PROFESSIONAL Young & Young, L.S. ' 5. TAX MAP NUMBER: DISTRICT 1000 SECTION 36 BLOCK 02 LOT(S)907 + 008 combined i same 9wners i and as single lot. 6. PHYSICAL ADDRESS: N/,9&*V+ 'S�IDE OF Stillwater Avenue �7 FEET N/,0/ 0017 cC4> e !c N/S/ENV CORNER OF n/a AND n./;; HAMLET Cutchogue TOWN Southold i 7. SUBDIVISION NAME & LOT NUMBER(if any) 8. PROPOSED WATER SUPPLY: (CHECK ONE). [ ] PUBLIC WATER $3 PRIVATE WELL 9. PROPOSED SEWAGE DISPOSAL: (CHECK ONE) TX]ON-SITE SYSTEM [ ] PUBLIC SEWER 10. PROPOSED NUMBER OF BEDROOMS Foir 11. Are any of the following permits/approvals required? (CHECK) a) Wetland permit- NYSDEC/TOWN? [X]YES [ ] NO b) Zoning variance -TOWNNILLAGE? [ ]YES 101 NO Application is hereby made for a permit to construct a water supply, and sewage disposal system for a single family residence in accordance with this application, surveys and plans submitted. I hereby certify that I have examined this complete application and the statements therein are true and'correct, and that all work shall be done in accordance with all applicable Town, County, State and Federal Laws and Codes. "Any false statement made herein•is punishable as a misdemeanor pursuant to S210.45 of New York State Penal Law." C SIGNATURE DATE PRINT NAME Neil Sc1,i„Rsai TITLE Owner THIS APPLICATION MUST BE ACCOMPANIED BY-REQUIRED PLANS AND FEES 18-0682..1/96pa t From: SCDHS Waste Water Management To: Chairperson SCDHS Board of Review :Date forwarded for scheduling: 3101 -0101 Subject: Request to Schedule a Board of Review; Hearinggg;SIS Screening Reference Heading: SCDHS Ref: (0 SCTM: (0'-ft -- 1 3 fo _ 2 -7 8 I roject Name: /Ve► Asa L K 1 ce Review Engineer: ( r 7 MO t-7�f Applicant Name/Address: C,i t w+e,�z— sen V < <,� �r-.1u t.T► "V k In f le: Yes ❑ No ❑ O o ' 1 y 3 M AIT--, T,,4 Lx' , N g= l 1 q 5* 2' Copy of Hearing Notice and/or Determination to: Name/Address: In file: Yes VNo❑ Name/Address: In file: Yes❑ No Wo C3 ox G7 C VA Name/Address: In file: Yes❑ No❑ Name/Address: In file: Yes❑ No ho Qo�c � � l F oz 61 i Name/Address: In file: Yes❑ No❑ Name/Address: In file: Yes❑ No❑ 0 QoK X03 r C u�T a ck o��,�.a n!. • I ( 19 3 I Application Complete: Yes,❑ No Missing Items/Comments: ti IeS /QFC- Dene"%r • I i f r k Legal Action Initiated on This Project: Yes ❑ No l� W W M-076 k . I WWM-043 (Rev.'10/87) SUFFOLK COUNTY DEPARTMENT OF HEALI„ .-ERVICES OFFICE OF WASTEWATER MANAGEMENT SUFFOLK COUNTY CENTER RIVERHEAD, NEW YORK 11901 516-852-2100 NOTICE OF NON-CONFORMANCE - RESIDENTIAL f - - TO:�vcv .Y•P SPnv ��t H.SREF. NO.: 10 00 —.2- P 0 `'ZP O (3 c X 7 V 3 1 PROPERTY LOCATION L cr7 .r M This application is not being processed for approval as submitted because it does'not appear to onform with the standards/requirements of the Suffolk County Sanitary Code as indicated: 1.'�<The'installation of a subsurface sewage disposal systems) is not permitted when: The proposed system will be less*than-#eMeet from neighboring well(s); proposed well; 964aee-waters— e<d{er-�Os- I t C'. O The existing subsoils on the site contain meadow mat, bog, silts, clays orother impervious materials which extend below the groundwater table or existing subsoils in the area are unsuitable for the proper functioning of the system. O The groundwater or drainage conditions are unsuitable for the proper functioning of the system. O The population density equivalent exceeds the limit of one single family residence per one-half acre and/or one acre. O A public sewer system is available. 2.' O The installation of a private water supply well is not permitted when: O A public water supply is available. O The groundwater supply in the area is inadequate for individual water supply wells. O The proposed well will bean insufficient distance from proposed or existing sewage disposal system(s). 3. O The parcel(s) being applied on are apparently part of a realty subdivision or development, as defined in Article 6 of the Suffolk County Sanitary Code, which has not been approved-by the Department for the method of sewage-disposal and water supply. Prior to further processing of the application, it will be necessary that the owner(s) of the.overall property file a realty subdivision or development map with this office. C 4.*)< The proposal- is not in conformance with the conditions of the approved realty subdivision or development map. (L o7r L,j e f t14 e 13 C 1-/n G Fb , , 5.)< Other/Comments: PSC c vs e ee, en P If this matter cannot be resolved, you may request a variance from these standards by applying to the Department's Board of Review (forms and instructions enclosed). Prior to applying to the Board of Review, the residential application must be completed. FOR DEPARTMENT USE Reviewer ONLY / Date Prepared 7 , 18-1273..1lmq BOR DATASHEET I HEARING DATE REVIEW ENGINEER r-I I"' DATE APPLICATIONREC'D H.D.REFERENCE ►0 - Op oL J APPLICANT N e%I S.C.T.Mk 1 vvy PROPERTY LOCATION DESCRIPTION OF PROPOSAL(a N f reLc c.— fl N G f- ' r',a.,.,. slewex (7!S>t r I f'�- s r-�.... -weL✓�71�rc .Pc-A.e L REQUEST VARIANCE/WAIVER FROM:❑ARTICLE 6 SECTION(S) �*ONSTkUCTION STANDARDS ❑PRIVATE WATER SYSTEM STANDARDS ❑OTHER 1 COMMENTS L e4col r, c N e i&'ort a me n `1 W P !l1 4,v✓ i Cl COMIVLCRCIALAPPLICATION: PARCEL(ACRES) GWM ZONE ALLOWABLE FLOW(GPD/ACRE) YIELD AT DENSITY (GPD) DESIGN FLOW (GPD) SANITARY FLOW KITCHEN FLOW PERCENT OF DENSITY ❑ SUBDIVISION/RESIDENTIAL APPLICATION: GWM ZONE MIN.LOT.SIZE(ft2) PARCEL SIZE(ft2) YIELD AT DENSITY LOT SIZES(ft.2) AVER.LOT SIIZE(f-2) PERCENT OF DENSITY NO. OF LOTS (`81) SEWAGE DISPOSAL: 'SEPTIC TANK AND LEACHING POOLS_ 3 PUBLIC SEWERS ❑OTHER SOILCONDITIONS 3. f b� s r DEPTH TO GW -%- 8 WATER SUPPLY: Cl PUBLIC SUPPLIED By .PRIVATE WELL r TOTAL WELL DEPTH 3 y ALITY:- /C/OR - S. Q STATIC WATER LEVEL '7 LENGTH OF SCREEN DEPTH OF WATER PUBLIC WELL FIELDS WITHIN%2 MILE DIRECTION OF GROUNDWATER FLOW TECHNICAL DATA i Feb-05-03 03:41P -GARY �FLANNER OLSEN,ESQ. 631 734 7712 Pa01 i OLSEN & OLSFN, L.L.P. Q A'1"I'0RNFYS AT LAW GARY FT ANNI:R OT.SEN ` UAVTTA W(:)K'1'1-i[N(,ION 01 SFN ATTORNEY AT LAW ATTORNEY AT LAW P.O. M-)X 706 • 32415 MAIN ROAD C.LTTCHOGUE:, LONG ISLAND, N,FW YORK 119K5 PHONE 611-7.34 7666 ��EAA-431-734-7712 olscn1aw@;ol�tunline.n4t 'Feb-,`uary 5, 2005 Re. IS,rh_ussel Dear Pauia :t Aa�IQI� P oa:�L1 Let this 'confirm that On behalf of the appl i c_arlt I hereby regi:est: that ''.ho hearing which is scheduled to take ple-rcc; torrlorrow night Fel-)r.'Uary 6th at 6: 40 P.M. k:e ad:ourned due to t}h(? fact that the house 1-)larls still have. n.-,t becr1 c umpleted by Mr.i Mac: Faxinne' s designer. I know that. tho Zuni nq BoiLd expects Char_ t• 'tis paper work he suA.cmi t ted the Friday before the hecirir)q and accordingly I reque^+ an add oli rn rru�r�t, . Very Lruly yours, . FLAIWER ULSENL C YO: I m k. � Soi.t1' od,.i Town Zoning Foard of Appeal :, AtTn : P&Liia Faxed to: 765-9064 cc: Tom Wolp(--rt Young & Young Faxed tci' 721-01,44 I i i i I dad C" (va,tM CA P.o.Bo:967 r, CuFeSoyU4dvy 11935' --2�j 4 �ictl�aeQ, h�. orf��`� 4Au 40 L f-f� r-e�s r9zd— )L. frrv- r��- r� s riD.D.Box gbi e eufa�og�o� 1/99S 40ah v� COUNTY OF SUFFOLK © o Robert J. Gaffney SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES CLARE B. BRADLEY,M.D., M.P.H. Commissioner April 12,2001 Ms. Linda Kowalski Document Service Consulting PO Box 743 Matdtuck,New York 11952 Re: R10-00-0021 — Neil Scl-Aussel,Map of Section 2, Property of NS Hand, Cutchogue—t/o Southold— SCTM No.: 1000-136-02-7 and 8 Dear Ms. Kowalski: Your request to appear before the Board of Review of the Suffolk County Department of Health Services has been received. The review of this case has been scheduled.for May 10, 2001 at 3:00 P.M. in the Suffolk County Department of,Health'Services' Conference Room, County Center, Room S-238, Riverhead. You and interested parties are requested to appear,with or without counsel. On that occasion,you may produce any information or evidence you wish to be considered concerning the above-referenced property. Should you have any questions,please call (631) 853.3086. Very truly yours, James H. Pim,P.E. Chairman,Board of Review I JP/_n cc: Martin Trent Carl Vail,III Sy Robbins Frank Licari James Bagg, Planning Dpt. Michael LoGrande Valerie Scopaz,Town of Southold Young and Young—T. Wolpert Roy Reynolds,PE - SCDHS I Suffolk County Department of Health Services Board of Review 220 Rabro Drive—Hauppauge,NY 11788 (631)853.3086—Fax:(631)853.3075 I 18-1118 S80 WWM-042(REV. 5/2000) = SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES OFFICE OF WASTEWATER MANAGEMENT t SUFFOLK COUNTY CENTER RIVERHEAD,NEW YORK 11901 631-852-2100 NOTICE OF INCOMPLETE APPLICATION-RESIDENTIAL T0: C, t ca. $-vk e r.: 'P O (r C e- H.S.REFERENCE NO.: J ('} ^ U 150-/, "� L/�. PROPERTY LOCATION: f The plans for your proposed sewage disposal and water supply systems have been reviewed and the following will be required prior to furth( processing of the application for approval to construct. PLEASE RETURN A COPY OF THIS FORM WITH ANY RESUBMISSIQI\ NOTE CHANGES TO PLANS MUST BE MADE BY A LICENSED DESIGN PROFESSIONAL(I E.,SURVEYOR,ARCHITEC OR ENGINEER). i 1. PRELIMINARY APPROVALS'-OTHER AGENCIES 1p4 N.Y.S.Dept.of Env.Cons. [ ] Sewer District Approval [ ] SEQRA Determination [ ] Town Wetlands/Drainage/Zomng ' [ ] S.C.D.H.S.Vector Control [ ] Other I ' 2. PLAN DATA AND INFORMATION REQUIRED 3 prints of plan required with [ ] Indicate on plan the specific [ ] Indicate any surface waters within design professional's OJE-�gmial location(s)[with measurements]of 300'of plot;show wetlands limit as stamp and signature �C':ms's P '� all water supply wells&septic flagged by NYSDEC and/or Town [ ] Application Fee:$ systems(within 150'of all [ ] Show area for 50%expansion of [ ] Name,address,phone no. property lines)or state if dwellings sewage disposal system [ ] Statement signed by applicant are connected to public water [ ] Show test boring&location on [ ] Indicate area of lot(sq.ft.) [ ] Show proposed house/driveway plans [ ] Corner elevations location on plan [ ] Test boring inadequate. See [ ] S.C.Tax Map Number required [ ] Show proposed sewage disposal Remarks below. [ ] Surrounding property-vacant or system/water supply well/water [ ] Grading plan showing invert improved(within 150'of all service line on plan elevations of sewage disposal property lines) '[>4 Test well required on your lot as system,foundation and final grade Retaining wall must be designed per attached bulletin (by licensed design professional) by P.E.or R.A. j [ ] Submit letter from water district [ ] Public sewer stub location from [ ] See enclosed Form WWM-043; indicating distance to nearest public sewer district shown on plans Notice of Non-Conformance ; water main and availability .,.--,OTHER/REMARKS I i i i FURTHER INFORMATION MAYBE REQUIRED_ DATE PREPARED BY � +� No. I i WWM-043 (Rev. 10/87) SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES OFFICE OF WASTEWATER MANAGEMENT SUFFOLK COUNTY CENTER RIVERHEAD, NEW YORK 11901 516-852-2100 _ NOTiICE OF NON-CONFORMANCE - RESIDENTIAL TO: u c n v�� L f H.S REF. NO.: J V-- 0 — P 0 03 c-4 17 L/3 PROPERTY LOCATION n,\ a -r-r I -r-o evY_! 1! 9 �Z dp�y GZ /?l�'v �•_ MS �Ai��, Cee This application is not being processed for approval as submitted because it does'not appear to conform with the standards/requirements of the Suffolk County Sanitary Code as indicated: 1. The installation of a subsurface sewage disposal systems) is not permitted when: The proposed system will be less-than-ItMeet from neighboring well(s); proposed well; sd#aee-water-& emelfep-vvatlaods. J`J t7 Cr a c t c,r, � O The existing subsoils on the site contain meadow mat, bog, silts, clays or her impervious materials which extend below the groundwater table or existing subsoils in the area are unsuitable for the proper functioning of the system. O The groundwater or drainage conditions are unsuitable for the proper functioning of the system. O The population density equivalent exceeds the limit of one single family residence per one-half acre and/or one acre. O A public sewer system is available. 2. O The installation of a private water supply well is not permitted when: O A public water supply is�available. O The groundwater supply in the area is inadequate for individual water supply wells. O The proposed well will be an insufficient distance from proposed or existing sewage disposal system(s). 3. O The parcel(s) being applied on are apparently part of a realty subdivision or development, as defined in Article 6 of the Suffolk County Sanitary Code, which has not been approved by the Department for the method of sewage disposal and water supply. Prior to further processing of the application, it will be necessary that the owner(s) of the overall property file a realty subdivision or development map with this office. 4.'>< The proposal-is not in conformance with the conditions of the approved realty subdivision or development map. (L o7 L -je t ;-1,1,, 6 .PA,j C't-f4 N G F_ 5. Other/Comments: SPS Pie L vs e el'r � ' s If this matter cannot be resolved, you may request a variance from these standards by applying to the Department's Board of Review (forms and instructions enclosed). Prior to applying to the Board of Review, the residential application must be completed. FOR DEPARTMENT USE ONLY Q � r� Date Prepared ( l' Reviewer l � 18.1273 11/96cc � i • From: SCDHS Waste Water Management To: Chairperson SCDHS Board of Review Date forwarded for scheduling: 3 et ® O Subject: Request to Schedule a Board of Review; Hearing Screening ❑ ' Reference Heading: SCDHS Ref: to — 0 0 ,41 SCTM: 1 OroU -- t 3 j6 - 2 -7 8 _ roject Name: Ned qe 1J L k t se 1 Review En ineer: tc No l g I Y Applicant Name/Address: 0 C,%A r+►+ � Se/1 0 4 c.. &-.1 L--t J'IV C� In file: Yes ❑ No ❑ 6 O X '7q3 rrn aT-� T-" CAC, , AJ 5' Z Copy of Hearing Notice and/or Determination to: Name/Address: i In file: Yes No 0 Name/Address: In file: Yes 0 No 0 ��•t L �//3•4 r VO0 6 ox 7 Name/Address: , In file: Yes 0 No 0 Name/Address: In file: Yes 0 No 0 ,A^,IC Ltcanr Y20 Q OV, ;2 ON - Oz 61 Name/Address: In file: Yes 0 No 0 Name/Address: In file: Yes 0 No 0 rn , gem e-1 Lo Po 66 x 4 03 C",V-C 4 0 a n1. 11935 Application Complete: Yes ❑ No Missing Items/Comments: /1/ Legal Action Initiated on This Project: Yes ❑ No l.7 WWN'�1-076 1 f SUFFOLK COUNTY DEPARTMENT OF HEAR" .SERVICES ` WWM-059 OFFICE OF WASTEWATER MANAGEMENT (REV. 7/94) COUNTY CENTER, RIVERHEAD, NEW YORK 11901 Cir 't- 1' 516-852-2100 GrPT. � ` ' - APPLICATION FOR APPROVAL TO CONSTRUCT SEWAGE DISPOSAL, AND WATER SUPPLY FACILITIES FOR SINGLE FAMILY DWELLING Before completing this application refer to Bulletin WWM-041 ("Submission Requirements For Single Family Dwellings") PLEASE TYPE OR PRINT LEGIBLY. ob oval 1. NAME OF APPLICANT Neil Sch1 usse1 . L1-954-916-0892 ADDRESS 8040 Clear-y--Blvd. #414, pinntes .inn ., FT: 3-4'324 PHONEI-�� $� � 2. NAME OF AGENT(IF NOT APPLICANT) nornrfmant carnirine Consulting Ce ADDRESS P.O. Box 743, Mattituck, NY 11952 PHONE 516-298-5968 3. NAME OF CURRENT PROPERTY OWNER (IF NOT APPLICANT) aamP I ADDRESS PHONE 4. DESIGN PROFESSIONAL Young & Young, L.S. 5. TAX MAP NUMBER: DISTRICT 1000 SECTION 36 BLOCK 02 LOTS)007 + 008 combined i same Qwners i and as single lo?. 6. PHYSICAL ADDRESSSS: N/S&.&V SIDE\OF Stillwater Avenue 4q7 FEET N/,0 F �N OF )r\ p 2 V� NV N/S/ECORNER OF nZa AND n/a HAMLET Cutchocrue TOWN Southold 7. SUBDIVISION NAME & LOT NUMBER (if any) 8. PROPOSED WATER SUPPLY: (CHECK ONE) [ ] PUBLIC WATER :K3 PRIVATE WELL 9. PROPOSED SEWAGE DISPOSAL:;(CHECK ONE) TX]ON-SITE SYSTEM [ ] PUBLIC SEWER 10. PROPOSED NUMBER OF BEDROOMS Fnnr « 11. Are any of the following permits/approvals required? (CHECK) a) Wetland permit - NYSDEC/TOWN? [IJ YES [ ] NO b) Zoning variance -TOWN/VILLAGE? [ ]YES It)i]NO Application is hereby made for a permit to construct a water supply and sewage disposal system for a single family residence in accordance withlthis application, surveys and plans submitted. I hereby certify that I have examined this complete application and the statements therein are true and correct, and that all work shall be done in accordance with all applicable Town, County, State and Federal Laws and Codes. "Any false statement made herein is punishable as a misdemeanor pursuant to S210.45 of New York State Penal Law." ` I SIGNATURE DATE 1 IX 30 199 i PRINT NAME NPi 1 ��»ss�e1 TITLE Owner THIS APPLICATION MUST BE ACCOMPANIED BY- REQUIRED PLANS AND FEES 1 M582.119E PERMITS & DRAFTING UNLIMITED P.O. Box 743 Mattitucic, NY 11952 (631) 298-5968 (ph-fax) February !2000 Dear We are assisting Neil Schlussel in submitting applications regarding a future single-family dwelling at his property located on the east side of Stillwater Avenue, Cutchogue. The property is highlighted on the enclosed area map for your convenience. We are sending this letter as a Town Code requirement to neighboring landowners in order to confine the application is being eonsiderc• l and that a date and time of the public hearing has been scheduled by the Town Trustees. Your attendance is not required, although the hearing is held to hear any persons who wish to submit in(urination or be heard. This application is scheduled for 7:00 p.m. on Thursday, February 24, 2000 11 the Southold Town Hall, 53095 Main Road, Southold,NY 11971. Ifyou have any questions,please feel 1 ree to call Gary Olsen,Esq.,attorney for Mr. Schlussel, directly at his Cutchogue office at 734-7606. The Trustees" Office may also be contacted at 765- 1892 (Office is now located in Feather I lil1). Very truly yours, Permits & Drafting Unlimited Enclosures j rermifs & Draftin, Box 743 �� - ® -------� - - -:.:�_-_ _. . .:� ------_---�, U.S. POSTAGE J Mattitucii, NY 119-52 Z 320 356 586 MATTITUCK.NY _ 11_952_ UN/TED STATES Ftp 17. *60 nosra� s AMOUNT $�a9 _ -- 0 6200. ;096-06 5 Mr. and Mrs . Carl E. Vail III P.O. Box 967 NAME Cutchogue, NY 11935 - - - ----—1st-NOT-ICE-_- �(,�- -- - - - -- - -- --- - - - - - - -- - - - ----- - ---- - ---- -- 2nd NOTICE RETURN 1 s .1�`-�� 1,,,11,,,111,1,,,,4}„I►I,11,,,1,4,,,11„1,,,4,44„1,,,1,11„I .r .s =r 40 -3tE: SCHLUSSEL APPLICATION = LIST OF 'PROPERTIES•' ON STILLWATER AVENUE SHOWING WHICH ARE VACANT AND WHICH ARE IMPROVED. DISTRICT SECTION BLOCK LOT STATUS 1000 136 2 3.1 Vacant 1000 136 2 4 Improved 1000 136 2 5 Vacant 1000 136 2 6 Subject premises 1000 136 2 7 Subject premises 1000 136 2 8 Subject premises 1000 136 2 9 Vacant 1000 136 2 10 Vacant 1000 136 2 11 Improved 1000 136 2 12 Improved 1000 136 2 14 Improved 1000 136 2 15 Improved 1000 136 2 17 . 1 Improved 1000 136 2 18 Improved 1000 137 1 1 Improved 1000 137 1 3 .1 Improved 1000 137 1 5. 1 Improved 1000 137 1 6 Improved 1000 137 1 8 .1 Improved 1000 137 1 9 Improved i t. I 1000 137 1 10 Improved 137 1 • 11 Improved 1000 137 1 12 Improved 1000 137 1 13 Improved 1000 137 1 15.1 Improved 1000 137 1 16.1 Improved 1000 137 1 17 Improved 1000 137 3 1 Improved 1000 137 3 3.1 Improved 1000 137 3 4 Improved 1000 137 3 5 Improved 1000 137 3 6 Vacant with improvement 1000 137 3 7 Improved 1000 137 3 8 .3 Improved 1000 137 3 8 .4 Improved 1000 137 3 9 Vacant 1000 137 3 10 Vacant 1000 137 4 3.1 Improved , 1000 137 4 4 Improved 1000 137 4 5. 1 Improved I �sA '•St x:Pe.aoD 's ¢ea 1 /,• u 292,000 !. �A — '/`�.' �;,Pct �•1\ s�/�/ ,�.,/i' `� • 1 „O, n E qb� _ 411 — /gyp \ �'�• ��•. s •ti 1 G10 F1 -'—=� a.TA Icl GIes i Y Z / i' J- 8� \ • Te/ // C / /apy / / NLC,T00 UNLL77 De N OTHER"". ALL PR°P[RTIFs v P C� ; �, / J` >.• ARE wITHix THE f0L:.DWINO DISTRICTS: j I• / 'CMOOL ° 7CwER -0 w •��QC LIGHT AS VATCRx• O:LER;NIT'OrE Dr tAxiA VGP M10Tr7AL[TM 4k .Ant. .D •cruel suq ;r411xT♦r�AxnibOx O�"'f1 0 •' J tiei •tar+i:" 7ERnKL Aornn P.nw.d er Legend .. ^ KEY NAP TAr Pneulra RN L'.. Cana L,n. -� FLr Dlar,n Lh. —.i.._ Hih.n,OI,VI•I Llnn--. TONH OF SOUTHOLD SECTION NO, 41CH.Y. RAKER. 1R. - H--- sredl.l.In,LaN. ISq DST C COUNTY OF SUFFOLK � x.Y.P.E.7,/11 Ow.1.•Cs:�a,O.Ru T.wn Lln. Wun Dl,nlel LM. _ T ---�• --.V--_ R.Iv,rplr,Nc,Llnv_ p,—_ Dr.dDln.n,lw tT• ]q Real Property Tax Service Agency YILLACEOF I�� C.n,vIIt Eglnrn sveY.lr,w La Lin. I VIII.P•Lin. -- Lids DI,IrIc,Llwc --L Olece ND. :O D..i Dln I" 1. RtcMt,tr,Pnnn•rinnl° _ 107 107 SCALE W iEET •. -y. 1 RaN..J 6HaeLlnl, Pae Dl 1.1L1.r —.p_-- Pvcc1Nt. 77 D..dArra 12A(d) Ilr COL'nl`y Center DISTRICT HO. 1000 s,•�. -Tr Srlwl DbNIu LI•w --SCH—_ s•+n Duwlc,LI,.. --•s_-- S.Nlrl.l.n ll.ce N.. OI) CAwlnd A•w gAld ©64 . Riverheod, L. I., Now York 0-1..1 Crna.N.r PROPERTY MAF Legend LeT MAP CC) COUNI Y Ur aurrvLN _ /y��F..R.rbLr -.F•-• 1�.qwk.Lw__-.-N"-_ san,:e.R L.- 170 VILLAGE OFv LIP3 VerT ,� [_ � �%�„ �perty Tax Service Agency VIIIEIIAEL eAJ o [ u. T...L- -__� W-Do—LI •�r--. R.I.0 D..m.Lir_ .A.-_ D.M Ot..R.i« Ly►.J.E.1 7rXErt FFFT Covnty Cenler gs7AKT N0. 100 _L f.LM..r L.L+• ---- sLw �___� LIQ..RaM.4 ..L.-- N..L� ® S.JM R.«.i.n iY. .lt . )F.LR.mk.Lw =--r--• P--j fl D..LAm. 17AW1 lar �)84 Riverhead,L.I.,Naw York RTY MAP y y,. -�SL«D ww Lw __fpl-. S..•d.R..rLw -.f_-. 7.M.....NmL r. Rt) C.I.e..a An• Nil 01101 7)A td AL LL... .._-... _,...._ _ ...ear .. _. _:_. /((meq tie R bF / L 3[E !EC mo. .73 y ... ` a t O i - • r0 - k 20 • ° �� \ I 1.1 A IC1 I 4O e �D r 1.4A 1z1 '- A -- -- ♦ P d,`\ �' •: W \ err/ar C/C20 21 22 J �• \°e 3 + a rV 23 27 is ae.l (R.TEI c e L!•11 1 I rV• s e � !O s iOJ EETW0100.. + 3 A .s a et t a O a \ / tTrl i. � _ W1L[St MRrr OTR{Rr.tL, ALL MOFCRrILt 9� +• � NL r1T.rR TR{ rOLLOr.Rt L.FTRICTt AMC& _ je K n`OOL�:— i{ru .r0 pY.TYiMRtt utRr « -0-W ^raLRT wRiT•iR'u renaR:+nt 1 e I 0 L• end v r--C ar L:. O:.rb t.• RET sAr sICNAL:e:RER,!P, D....aC Oa. t•rrLlw Fi. - _- M Aff.jun � Tti L+. --f_-• IM�.R«b .-._ .(.N.1.N.. �.'1.,..L-0 :"�^-L.L.- - R`0' .LA' _—.,�—_ "`�'R•Mn'k --•R.-- "e © COUNTY OF SUFFOLK Torllo� SOUTHOLD T IIc• WI«.lk. © 'T .at .ai• .w RLaLeam.,P— --- �•-�- LI*r be—Lim _-{_ al.d-w D.w"Li.. _-.r- r...t Mw - - Ru -� EWFEFT rt T x Service Agency VILLAGE of ImmReal Property a 37 a r:,,. --r sew O:.R•..lw __7a-_ f.r�D..Rm lw -s--. f•a+Iw.M N.e b. 017 - •ro County Center sTgICT ND. IOOO 4 Riverhead,L.L,New York Ot••.I C.wm., PROPERTY A:CP JAN Zt? C'4at CGNuuG q. /��4/z �lro ld� /61 t �C7 '100 �;C`scfe i i • Y' J41\12 2 0, ao WEJEF/ E OL \,° O EN W Q P�ti- / G�°P,`C��C` 26200 o 700, by � 7 O WELL 9 /' Ol R OCoM1S Q. \`C � �1 O 0 98 1 47 T PROPOSED 0 RETAINING WALL N PROPOSED s� —� �Op o } kt WATER SERVICE 394 ET =' -`� t 505 VAX _} _ ```� � 2 /STI s• � \ = � ,,� , `1 ay PROPOSED `/� `. \ 70` �o� WELL Pi SANITARY T.H. �g SYSTEM / I +; 'PROPOSED LOC. OF (� / HOUSE & GARAGE (3-4 BEDROOM) F.F. EL=14.00 c �` / G.F. EL=12.50 B.F. EL=5.00 0. , �.' 50' WETLAND SETBACK UNE Spgf�s PROPOSED LIMIT OF CLEARING s Os, PLACE HAYBALES AND SILT FENCE DURING CONSTRUCTION 1 0, .F, a 9_ WELL 9 f TEST HOLE / a DEC. 2, 1999 so s EL-IDD' DARK BROWN 00 /' �i� (16 p• O SANDY LOAM O/ BROWN LOAMYSAND (S. 35• PAIL BROWN Sq nNE TO NOTE COARSE SAND (Sw) AREA = 1.4401 ACRES OR 62,730 SQ. FT. • SUBDIVISION MAP "MAP OF SECTION 2, PROPERTY OF M.S. WATER IN HAND' FILED IN THE OFFICE OF THE CLERK OF SUFFOLK'COUNTY PALE TO ON MAY 12, 1939 AS MAP NO. 1280. COARSE sANO NOTE (SW) • VERTICAL DATUM = N.G.V. DATUM (M.S.L. 1929) • APPROXIMATE 160 • ZONE USE DISTRICT = R-40 , TO FACILITATE TH • FLOOD INSURANCE RATE MAP NUMBER 36103C 0163 C LAST DATED MAY 4, 1998. •3 41 -EXISTING SPOT ELEVATIONS -----6----- -ELSTING CONTOURS —8—-PROPOSED CONTOURS (G5)-PROPOSED SPOT ELEVATIONS .MONUMENT SET n -MONUMENT FOUND A-STARE SET ♦-STAKE FOUND 1 January 15, 2003 JAN -U3 Lydia Tortora - Chairwoman 2�j Southold Town Zoning Board of Appeals 53095 Main Road P O Box 1179 Southold,NY 11971-0959 Re: Appl. #5259 Estate of Murray Schlussel Front Yard Variance Public Hearing 1-16-03 11:30 a.m. Dear Ms. Tortora: Congratulations on your new appointment. I am an adjacent property owner to the above stated case. I would like to make it known to the ZBA that I am vehemently opposed to this request for variance for the following reasons: 1. The request is not"reasonable." It is excessive. A) Mr. Olsen states in his application"the house is a reasonable size." A reasonable size in the Fleet's Neck community is less than 2,500 sq ft.; which is on the high end of the average size of a new home being built in Southold or across America today. The application shows floor plans for a home almost twice that size in bulk. B) Mr. Olsen states in his application, "it is only twenty-four(24)feet beyond the required distance...the LoGrande dwelling is closer than fifty(50)feet." The LoGrande home according to the survey in your file indicates forty-three (43)feet from the property line. That represents a seven(7)foot variance. Mr. Olsen is asking for more than three times that amount. Twenty-four feet, which is the amount being requested, is the depth on a ranch home common to the area. This amount not only represents relief from the existing law of almost fifty (50)percent, it represents a variance of a whole house. This is not reasonable. It is excessive. C) The applicant has already been granted relief for his wetland permit. Now,before you there is another request asking for more relief. An inquiry has been sent to the Board of Trustees regarding the size of the dwelling because it is not consistent with the size that was voted on by the Trustees at the public hearing on April 24, 2002. The size of the dwelling was clearly stipulated and recorded in the minutes of that meeting. I I I � Mr. MacFarlane who is the potential buyer of this property and for whom these plans have been drawn up is the CEO of a company called Homes for America Holdings, Inc. On their web page, the company is described as a"high-growth financial investment company generating immediate profit and reliable continuous cash flow from specialized real estate transactions...focusing on the acquisition of undervalued properties with prime potential and using minimum equity investment." On that same page, Robert MacFarlane describes himself and his partner as "entrepreneurs with over a billion dollars of real estate transactions in their combined resumes." He is well versed on the leeway that can be granted through zoning boards and aware of the procedures involved to gain such approval. He does this for a living across the United States. Four years ago,when I purchased my home, I made a decision based on several different parameters. One of those was the feel of the neighborhood. This application is wholly inconsistent with the feel of the community. It grossly exceeds legal parameters. I also had evaluated the impact these lots would have on my property when and if they were ever developed. I felt comfortable with the zoning laws the Town of Southold had in effect and felt that I could trust that the feel of the neighborhood would not be adversely affected if the property were to be developed within the guidelines of the existing law. I am not asking you to deny anyone the right to develop that property or to build a home provided they stay within legal limits and follow the law;but to grant relief to a landowner in order to maximize his investment at the community's expense is unfair to all the taxpayers in the Town of Southold. There is a moment in time in any design process when a conscious decision is made. The person can do one of two things—either operate within the law, or out of sheer arrogance take the law into their own hands and work outside of it because they know they can. I am asking the Zoning Board of Appeals to take a firm stand and enforce the existing law and not grant relief for this unreasonable request. Respectfully, h� Barbara DiFrancesco I � 1 i ! � � 11 I r �� i ( � � 4 � � r i ` '4 � � � 1' � � _ � � 1 � ��S � � f ' � F � r j. I � � � � r � � �J i ,5 J PETITI1=.- _f TO PROTECT EAST _"_EEK - F- We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre,plus parcel q ` ° ' ' ' ' ' „f•. y is more than half marshland, which includes a 300 foot stretch of environmentally sensitive wildernessx<rz;� u ' separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ribbon of land, we would rather that the town buy it from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot 6 ' for egrets and herons and not become home to more houses.The town's Community Preservation Fund 4 now has millions of dollars to protect scenic spaces such as this.We want to spend some of that mone*ECEIVED � for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. F E 8 2200 . Name Signature Address/Phone outhold Torn Clerk 7 f //G,rlp r kv.0 I 5711- 64-'' Acc, U. G Sig-stn l dM I s�?11 Gc/Cc�UY• � - - u� `_��it^-�S' �� /�O 3�7� St7C C W�JT�✓L Avr, , �K/ �e��o �✓v�-�- c�-e�7%�-0 �x'70 ' �- 1&4aC ja/1N$0i1 11 7 ifi'q W/LM zle 'I a2,t3 1 z Oo - ✓� o4u1S� Av\lr-- -,-A 1 11 prplo-J11-a 1 09! L AS- 1,.►��..:,.�--��s� 3�ts�ccs ��c, C'vz�- � MAI �.- �r�a 4- AL-t/ vi ,;qKY )A YAC-710RA, 127, oR- P f �7. '1� 3515 ` / J9:, J- � `'v, = �U�C91��7�,t,J �y3S /!�� 1 r' ✓tj�'` //r�� . `�Ch y U �� ` r/�GL/Q-lu�,l 6o '�� PETITI(-,, _--70 PROTECT EAST r_EEK We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acreCplus parcel is more than half marshland, which includes a 300 foot stretch of environmentally sensitive wilderness = separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ribbon of land, we would rather that the town buy it � from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot - for egrets and herons and not become home to more yr - houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money «RCS for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. NameSi nature Address/Phone SBU G?�L /�i 0 2 � G d� o r . zo61/sEE1- - n1,8 �jaxd °`l7,n obi ,6 A o Q4w,t—4&A-o, Jo—rAt lb-6 o Y- 1e —v,)eKa,& LI-70 o vs-P 1 I a � x, WLw S -i-o(,lc 3 ErU>v U'661) �Pr�C�C=� 73� ,g �Avso,,06 P�� f /l(D Z1rtr0je+1 ' Z&43cin LIEU 17 2 tis Cx q-Fo oce'."V �, �� • � •icy.. - ( �� 1-�s.�q-cf�T �� C c�ZcG��, ...�_ PETIT,,%;F`N TO PROTECT EAS"i REEK r f 3 We are residents of Southold who wish to protect a wetland deep within Cutchogue's East GCreek from ^ development.This one-and-one-half-acre plus parcel �Y P qY 3� �� r •Yn is more than half marshland, which includes a 300 foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The µ " owner needs special town permission to build on this ribbon of land, we would rather that the town buy it A— from the owner and preserve it forever.; It's a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain a' nesting spot - for egrets and herons and not become`home to more houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces w such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. i i Name it r Address/Phone 0VV Q— V )"PYE Al) Zk�/ 7/, X41 > ' - �,. tti11�1- NCP Q�rS�Nwr�dvK/ t At if o� �f1 cu C� 2� L✓TCHo �ol�i 7�4- dA/aV,( ff"iv coo- I �I I lQq(4 rJ Onr�Lie i'� C �(.u^c� '- Glr7! tR �a�'�- i� L1-71-64 V\ (k vv-&-\",A "�.. a3,-to �/bA w -�x r- IN'luIt 73' --t-x1 s /3 2��' �r 4 Cv (Taw "4: 0-4 Rd 1 � �v�� t �• � oZ�ic' t�3C9� 1- eI4lie �� q pZl 1a / u necum led .) qA1 t3 34— MeU, -� - - �r' C' c,- � 0` 1Vo 60 i Vt -s7,27 PETITIC _,TO PROTECT EAST C. EEK z G k We are residents of Southold who wish tol protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel is more than half marshland, which includes a 300 foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on this _ ribbon of land, we would rather that the town buy it I from the owner and preserve it forever. It's a lone` stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more 1 houses.The town's Community Preservation Fund �M - now has millions of dollars to protect scenic spaces - - such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description -SCTM NO 1000-136-02, lots 6-7-8. Name Signature Address/Phone r �3 0 Ole, 4 u, '0 KcJ) 1/1aii <J coo 0S mai n 12d`. Co o v� 711 i0Or✓b-V Y9-r\, 79 � i7 3_210 ,221'20255-.9Ut-17,c G 6- is h��i�_ .3756 �r r� ,� clL �1-0 640 6VI C140 ie4 i , 5 1r4yn 1401XIIr.,`- Z-411 g Vo 'OL/C-k 2 u c � - ��s wig d,1'• .1`e- a-82LL S� -hams off' c KLe 0 0. 302_ NQLO Seth 1 k �iw1�o•lc�►ric� e197o aX5zqee 1 • e 1w73C7 o1�f�S4SZC��- � . �e �l�o �.x• G ?� c u� � I q�1�vtM 64W QV-hA I 1,-fb Lhf4\j He,f-rr #V\1 11177r 15LE771 LOP- elk �c II I Gxi � CLe\ G�C�� p9 tL_ `{ —/) �tai jj t (\b/1 1 tL PETITIOIVTO PROTECT EAST GEEK We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from ;, development.This one-and-one-half-acre plus parcel „ is more than half marshland which includes a 300 y� foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ribbon of land, we would rather that the town buy it from the owner and preserve it forever. It's'a lone " _- stretch of undeveloped land on an already,'crowded creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money 6 for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. Name Signature Address/Phone 2,M �,,� cam, >: s 1 23 �a, /`7 PI-02 � �0V �SvM tom_ 5c) L � /-o 6�y sc2g llecclAl,c ErIG r8. IitOU GJC�ir/e✓�1,�/ �] �Gt �o�.z N(e, 334s� fC p <a e ecf.--7X C,UwA 6?_ C61 L ��b OLbEVJ ASF- Cui- goGckc 6 v,L i os Wly �I tJ 1�7 i ' I PETITION_ _, TO PROTECT EAST C' -. .'EEK = j 5 We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel , •4 nA V ° is more than half marshland, which includes a 300 r �' foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on this _ ribbon of land, we would rather that the town buy it from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded 7 - creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more T houses.The town's Community Preservation Fund tea. now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description—SCTM NO 1000-136-02, lots /6-7-8. Name Signature Address/Phone e-- lT ' tLL I o ,C-� Oaaa Acy , C'I /::t P3 �1' V-;e- 5nf/-V'-71 l /Lt(5- 4a�t�- u, C.u,_tt a� c n a-75 iJ 3 ' ��JJ I ?L5- lwg L11-t- �50014a I -5aJ� C i1> 7� x t PETITION JO PROTECT EAST L•.- EEK � A �< 7 We are residents of Southold who wish t� protect a wetland deep within Cutchogue's East Creek from _ development.This one-and-one-half-acreplus parcel is more than half marshland, which includes a 300 h µ foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on this _ ribbon of land we would rather that the town buy it from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot - for egrets and herons and not become home to more houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. Name S' atur Address/Phone C , ck rtJ u n s3 % LI ,✓rte ��S << 4L-0Ai A- WLrweLA�IA SI (DSS -c._ VQe-c--L - 1 g• j 2 &:bLA; AWUO-t"U� le-po t LL U N.11 y�`3 n r 0 co7-oAlCiSSG(,c� �4°= '�3 b� � � 6p C✓�k � / p vim. � ,✓ 7 � let- Fh C �v J RV [ / /Ir /� f' tl SGS L 0111-11 (24 (31 603fw Ffff�- leb zwmn�' -Va�c toQo h ip �..�, �G--� ZZ1 C"�'c�N n..c 0 I PETIT`: }N TO PROTECT EASti .;REEK 3 t 8 We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from r. �"`��w:,. rL[a5:ivr,si a;yT�j�at r$ 'RF�,I dz•�^7� development.This one-and-one-half-acre plus parcel '_ F``' '` T•, = R1", s, a,a is more than half marshland, which in a 300 foot stretch of environmentally sensitive wilderness •... :. separating Stillwater Avenue from the, creek.The ` owner needs special town permission to build on this ribbon of land, we would rather that the town buy it from the owner and preserve it forever. It's a Ione =- stretch of undeveloped land on an already crowded _ a, creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more 901i houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces such as this.We want to spend some;of that money for this small corner of Cutchogue. Legal description –SCTM NO 1000-136-02, lots 6-7-8. z� Na a S1141atur Address/Phone e2n A v5 f(t I?R�9/3'X� fluff ,eGC,c a &6.5 111 f 46 ?266 ('07–C 0, � �� masse a e i Vae & — t, Ze t e )-77&,w A&k/fta_f7 '10`7.40 7-1114�zmog1zli5 -7- /mF- X�ae/e/ l -AwIl(t J0.1i tJ- zoe /yak Ltq �,eI r ' t PETITICr___;TO PROTECT EAST 1-,, . IEEK We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel is more than half marshland, which includes a 300 foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to'build on this ribbon of land, we would rather that the town buy it from the owner and preserve it forever. Its a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more - houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money 3,6 for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. Name Signature Address/Phone CC--V, �G/1 �l ///GGI� CF's amu. r�.�� o ��✓ epee d"laz ()&�,j ahjLT-F—� D A 1 73 if F!� clevne D Dd�L U -7 C'�� i I - - 1 ! (711�� Q� 3os- On Y t I C I S Y IY 54 C 1 ( r - La s y4ein 611 /f 12—1 ller /-3/Y //ysior- �1 L �I C 6 nzcda: � -ld 7, zS' U � � '-19 V- r r z`f S y G , e14, z'I t S V IQ Ccs 5fo��I S6 �vlc� l 17 1 � . nlei � 104k. 12-goe- JJLO' t PETITIC:.� TO PROTECT EAST CREEK �6 We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from I development.This one-and-one-half-acre p of-acre plus parcel ;�Yai,,�:�,� � � .. � :•.�-•,�-� �^�n �f�,��t � a. 4f is more than half marshland, which includes a 300 foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ribbon of land, we would rather that the town buy it from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded =s. creek.We would like to see it remain a nesting spot ' for egrets and herons and not become home to more 101 �tiu• houses.The town's Community Preservation Fund ; now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. Name Signature Address/Phone C0►101 s , 1 3U AAMWiASAD s Zo 3S -t�e-r-eo z A ,Ye kk 44-4tq v � n ,J31 -1� c P4- 2Vrvnc(p,�L r n �„e�� Jam/ �i.�✓�� ._ i i.= S'S' PETI1►N TO PROTECT EAS*REEK 1 r We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel ' is more than half marshland, which includes a 300 foot stretch of environmentally sensitive wilderness : _ `_:,• separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ribbon of land we would rather that the town buy it 7 from the owner and preserve it forever. Its a Ione - stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot'for egrets and herons and not become home to more houses.The town's Community Preservation Fund now has millions of dollars to protect;scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description—SCTM NO 1000-136-02, lots 6-7-8. i e Signature Address/Phone c S/��1� `L fes/ �7 ,Sf AA�T .T(/�(-�'eClv /17 -P'eC'aAi(' )\� 1 -�jt /0� > 27440 M, i A))Ca r� c� �7 s J�v�LL'S �, �: -7Li 6�� 69,OOaJ--ue4�� l�/9 v�7r-VCv 7S �c� it n '3y 0`5 k I PETI1'ILf=1'J TO PROTECT EAST G`AEEK We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre'-plus parcel is more than half marshland, which incltudes a 300 4 ' foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ribbon of land, we would rather that the town buy it - " from the owner and preserve it forever.,It's a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain a'nesting spot for egrets and herons and not become home to more ° houses.The town's Community Preservation Fund �- now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. e Name Si nat a Address/Phone dl?IZLoc m 2�-T.-�Jn CrO V ZuVr�d_ N % C(-( a f4-\i k/- �lbw �,��,�ti �� 1i ?7 C�� 4 V an n-e� aS6 oA u±/� o � s� 02� 9-� M v�; [75- kJ9 ? Z 6 POT�/� �' `� ►fob-L� �,�'t l x`35 PETIT1%jN TO PROTECT EAST vREEK We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel is more than half marshland, which includes a 300 r '' foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ribbon of land, we would rather that the town buy it from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces Nom` such as this.We want to spend some;of that money for this small corner of Cutchogue. Legal description -SCTM NO 1000-136-02, lots 6-7-8. i Name Si ature Address/Phone aXLA46 S . & - VO-Acet 40c) Lo a-/1st✓e rTV , � C401k 0 (�v h*E ,YID Y3[ - c6 Ivk A / C-AQ I'mo:ao S;:)Qf—A0) I S-rcD nl So ew Sav kd A) it a C !// (� alio ✓5.�. C� �� a�� N /l 9 7/ r 1 C t --C;(1 ZS kib2 L *N\ o 7\ (P(i" -V AL, tt \\ 11 e., t-i-—r�s 625 11935 ( bo 1(9 71 + I C .- I Y I I • PETIT10ii TO PROTECT EAST L;REEK I f We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel is more than half marshland, which includes a 300 foot stretch of environmentally sensitive wilderness . separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ribbon of land, we would rather that the town buy it from the owner and preserve it forever. It's a Ione `= :� stretch of undeveloped land on an already crowded creek.We would like to see it remain a riesting spot for egrets and herons and not become home to more `' ~ houses.The town's Community Preservation Fund - t now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description -SCTM NO 1000-136-02, lots 6-7-8. PRiN7- Name Signature Address/Phone --� y1--- �,--�r� r (01-res (3 i a rt �lel r J�5N("e�7 2, 40.5 LAO ee-C Sl.�rt�nl�l>r SC-lea . 6D$ (W�,d t�LVY). S-�701/ I NAlt � � �• `�. Cir �'- fi �nrk e ZZO'b -2- 5 9TAI G A 1'7w A/ I&Y 2 3 ScFL/ _7-110Z_��_ W1 M�A zn S44 i, E—tz 0 D 0 ax 7/ r 7 I��r. � 41L 9`CI . V` FX r. -c-M 0012V -�� o _55 tiz, ar JYr,, 21 1 C12 �1G �2l�p�t 2 u.4 ca -e, S � d I PETITI°%-J,�'N TO PROTECT E,ASI -;REEK Y �S h• We are residents of Southold who wish to protect a wetland deep within Cutchogue's East!Creek from --::_., : , Y t �µ.��.:aii^r-r-. _ "" F�� .'g>,r:,.. a'=•-..v development.This one-and-one-half-acre plus parcel e , is more than half marshland, which includes a 300 t foot stretch of environmentally sensiti�e wilderness separating Stillwater Avenue from the creek.The owner needs special town permission;to build on this ribbon of land, we would rather that the town buy it from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded =. a creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description –SCTM NO 1000-136-02, lots 6-7-8. Name Signature Address/Phone Col- 0,ins SA /00,C ---�//4jjA �,l 2,E 144- to —2- 670�1� 1 -le t AMiA2 se, c kz k- //7 ?� t4i(�l Rjl-�N o ��s aLuz,06 1y� /fir AA r L e- L 1�l)F— SD 17— o L-Z O[ 2i IAAAF .4 — 18t; 1554 l,�/ aK h' F60 1`eCjSo A /Uy t ZA Kir U 40 0 -Astr— ::rH C) --v dts 1 /V ona .14raii F�V I�IX %10A0jd Ai 4AO Oan"–A avcA 06 1- liv t> - 5� PETITIO_ _ rO PROTECT EAST C��- =EIS We are residents of Southold who wish to iprotect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half=acreplus parcel is more than half marshland, which includes a 300 �� p foot stretch of environmentally sensitive wilderness °°y ' : e_; '? separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ribbon of land, we would rather that the town buy it4= 1i;M from the owner and preserve it forever. It's,a Ione stretch of undeveloped land on an*already crowded j creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund r now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. Name Signature Address/Phone (1,,Q�, M C I IrTf 3sr 174- 77E Ax A-"Cf:, C L) /-C 4:2.1 C,0 17 756wt't� e J-1 lie �. 4� J ' ml h ri�OL V fV J �. PETIT.u'N TO PROTECT EAST � REEK r 17 We are residents of Southold who wish to protect a wetland deep within Cutchogue's East'Creek from - - - development.This one-and-one-half-acre plus parcel is more than half marshland, which includes a 300 ' ' foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The . owner needs special town permission;to build on this ribbon of land we would rather that the town buy it from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot - _for egrets and herons and not become home to more ` an • " houses.The town's Community Preservation Fund _ now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. { Legal description —SCTM NO 1000-136-02, lots 6-7-8. Name S' nature Address/Phone 76 Jae do 2Sb I,Wts« ) Ec�-,q r 7 be_s eco 75 L 14f oss� u M97 0 s` J zo' a V151 IA . d 111Azo i �► b le. —VA k jab- aoce-i Sava V, ;S VO( (4u r , 00 OA C�)oa W 1Z q-� I I kCl SD ��d ��iT�� r Fi kxi' M teZ 4//i OS AV( CJ 1-,� 7K U.,T�— t)l). S 0 PETIT16' TO PROTECT EAST &REEK We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from " .'4. t � ., ".c, •�XPi S,i�u.'k=;.�ii,�'C!' 4.o ,'4 development.This one-and-one-half-acrel plus parcel is more than half marshland, which includes a 300 " foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The ,t, owner needs special town permission to,build on this ribbon of land, we would rather that the town buy it from the owner and preserve it forever. It's a Ione -~ T- 'y. "� stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. Name Signature Address/Phone 734 4oq� I fm L41(I 172T 674�M& Ne 4) Z e 9J- 6 ff)� q n I r a Uu hida _ U, } / 1 , ,.x ;mit•` ��.Y'1f�r'l i H'^r 3L//L/ O S+ti��YVbIV3 �T C,✓lL� C'�ziG v� e� aFP ante✓ 7 7 7- l ma 'Zee C�e� o 32o d / ��-��:-'"�- �7C�� ! `j��mac,e✓o c. —J-/</7z�//Z/ I 'O -e N 0 I Cori 0 swy C �FX- cc/C PETIT_ AN TO PROTECT EAS'. vREEK We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel ' is more than half marshland, which includes a 300 foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the;creek.The owner needs special town permission to build on this ribbon of land, we would rather that the town buy it from the owner and preserve it forever. Its a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund - now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. Name Signature Address/Phone -- v S9 W iILAlfs �s�V. - 6- k.-T -,�- f A.-i �L 3 14— D- ,24 r iy"t C ' /0 Vat. U � � 53Qe S Zktr_ _,9 aLY� t FPob pzo 5Sd� 1<.P,-"CO3kj a� /off 3S o lcl r i.3 t *2d ei, W-jr Se V7%5-40 Ofd r� cZe ccs .,t PETF—� ,)N TO PROTECT EAS a CREEK We are residents of Southold who wish to protect a wetland deep within Cutchogu2's East Creek from development.This one-and-one-half-acre plus parcel is more than half marshland, which in,cludes a 300 foot stretch of environmentally sensitive wilderness -' separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ribbon of land, we would rather that the town buy it z-•may<�� :.M from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain'a nesting spot for egrets and herons and not become home to more - ,,�rv,.r�- ' -�`'- houses.The town's Community Preservation FundIN M now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. Name Signature Address/Phone 1 VA(o(A)d-%,1 �r� 0�d IQ r gJ S6-tl\�Uo 111y JAk,. 2�4 �Lew►. -rte Z y ��K'c r� � �_ a�;�N./�1ah,N ll�'�,� i r i PETI*0'N TO PROTECT EAACREEK a We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half acre plus parcel is more than half marshland, which includes a 300 foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The _= owner needs special town permission to build on this ribbon of land we would rather that the town buy it from the owner and preserve it forever. It's a lone stretch of undeveloped land on an already crowded +.. - ..,a creek.We would like to see it remain a nesting spot - - for egrets and herons and not become home to more houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. Name Signature Address/Phone f� M6�� 6-0 W W VAeICS ) (I-AJLl .7riSe ower L l/ s s - q 1r r 1' PETITIC _ P'TO PROTECT EAST - _-1EEK We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from ..____. development.This one-and-one-half-acre plus parcel is more than half marshland, which includes a 300 foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ribbon of land, we would rather that the town buy itf= = 3 ` -� from the owner and preserve it forever. It's a lone stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more - houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. Name Signature Address/Phone kch UVU Cry W,4�4 Y*V�, /aa 1� -- j rvt�� r 4 w P kW I�LU,Juj a"1��wx � 1-a.. Lc Zoo ,2 i�+V I/T T-ill Gas i I PETIT-.,)N TO PROTECT EAS . CREEK ' �23 We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel is more than half marshland, which includes a 300 foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ribbon of land, we would rather that the town buy ita - from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded �.. creek. We would like to see it remain a nesting spot - r for egrets and herons and not become home to more houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. Name Signature Address/Phone Co v L 12 C c.; Y aQ 'i C14 t JL 6d1 \,aw�'-Q '�A LrLK&jiP-A� �DR. )(�(AaAkwJl 77/ a. t3a S'ouf�ol ll- 1147 PETIT-1:iN TO PROTECT EAS'-- ;REEK We are residents of.Southold who wish to protect a a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel is more than half marshland, which includes a 300 foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from thelcreek.The VV owner needs special town permission'to build on this ribbon of land we would rather that the town buy it from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot - for egrets and herons and not become home to more houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces A such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description -SCTM NO 1000-136-02, lots 6-7-8. Name Signature Address/Phone S S c tiC) esAZ -T A74 A- I-I �g i I PETITSIZ,'A TO PROTECT EAST �' REEK 4 We are residents of Southold who wish)to protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel is more than half marshland, whish includes a 300 foot stretch of environmentally sensitive wilderness separating Stillwater Stillwater Avenue from the creek.The owner needs special town permission to build on this ribbon of land, we would rather that the, town buy it from the owner and preserve it forever.!It's a Ione stretch of undeveloped land on an already crowded �. creek.We would like to see it remain a inesting spot - for egrets and herons and not become home to more °" houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. Name Signature Address/Phone t( 1hVCC4% � �o 7 S 7 i i 5 PETI'1_t-)N TO PROTECT EAS . ,CREEK 7` . We are residents of Southold who wish to protect a Town/ �aarc� T� wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel is more than half marshland, which includes a 300 r a foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ribbon of land, we would rather that the town buy it from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded - creek.We would like to see it remain;a nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund now has millions of dollars to protectscenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. Name ,l Signature Address/Phone AIS a-Ccoe--e— C'i-cc /-T Gee L,-e-Co Y/eg �,. -5 7 G=am;c 3" t/o wu Yak ewt c . i DrA/�M jiAh '(� or AAA91) A�qx 730 C�,(,d��o47 t,; Cr -1 aeu � EfF�r� 5'�0 0 'F LC e- Ct,u r� K�G�Z-- 4�k (. ZI as 4,t) O'ff-P 1 r y � / 4 ' �Vd&- Wc-z&--A--U 4ZaLo-�I-ef '4- A, r - ?r A-j') M q-o e.1-1-e za!� Cri re)&J-1:el ,0 e� ILI t i PET11 JN TO PROTECT EAS 'REEK C2'1 We are residents of Southold who wish top rotect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel is more than half marshland, which in,cludes a 300 _ foot stretch of environmentally sensitive wilderness " h separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ribbon of land we would rather that the town buy it t from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded creek. We would like to see it remain a nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund _ now has millions of dollars to protect,scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. Name Signature Address/Phone 60 11q71 r 0AL:5,eA1V r 19�17 15 9 24 r So uTt-, I I v' 174 /� Ra S+a(4Vv 19 3 "30 20 R-&QAA"e I S o D, ,�?1 �Lanac lU 11 `Is g 11 10-&K epi (- 0- /�� zo-'V( c %�sd PETIT,,.-JN TO PROTECT EAS' dREEK ' We are residents of Southold who wish to protect a ' � wetland deep within Cutchogues East Creek from '_ " ------- _ development.This one-and-one-half-acre plus parcel is more than half marshland, which includes a 300h- =.,; ' foot stretch of environmentally sensitive wilderness ." } separating Stillwater Avenue from the creek.The owner needs special town permission to build on this 4 ribbon of land, we would rather that the town buy it _ � = t• ,F� �_ from the owner and preserve it forever. It's a Ione = si " ; _ •�- u`_•�^ stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description -SCTM NO 1000-136-02, lots 6-7-8. aa2K G.f(a-Tsor-� (,,JG 3� Sl��/zu�sr L.✓ �o �t Name Signatu a Address/Phone (l nN SOS s 3� -T, 6 /Z - �sY � C �r f )-00 li v 1=/ti l- 4:fkr�A I0 lN1 I 'Z/ G 9 (2v" ' ? r C .) Xjc s hY-6�Aij V0, 7 6S � l rd�wa�x Pd 6dX 3 3 QU o>J ?a SOvvfwLDZ 1)44na Vn 11 C-ur ro Ink &/ ►. �lW A IL AQ7 i.-P A 1 o7.,,I�,-� t,.. „ I PETI1;eJN TO PROTECT EAS"I-- ,REEK We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from - - development.This one-and-one-half-acre plus parcel is more than half marshland, which in a 300 foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The r owner needs special town permission to build on this ribbon of land, we would rather that the town buy it ji! - from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot •�``��, _ - ��=`�;�.-;-�,�f�1 �= � for egrets and herons and not,become home to more 'i houses.The town's Community Preservation Fund -� now has millions of dollars to protect'scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description -SCTM NO 1000-136-02, lots 6-7-8. N Signature 3S, o L= Address/Phone — L� c tJo�i� ` �s, w��o r)/Z �� , cls U o l V — — — ► i•e 6arAer,C1 7 vi 865% QO Ab ZTbfU NO /v s Z 3 31—e) C�� (2 r 1335 c'-) 5t.,gro 1 k- C(A A rc t L L)-) ��J'�O Q L C Ty C. L,e1 KI tP TT- -1-2 g7r-(off ! arc � �� - �: �.�, ►L PETITAN TO PROTECT EAS*REEK We are residents of Southold who wish to protect a ocJ wetland deep within Cutchogue's East Creek from q $ - x4 development.This one-and-one-half-acre plus parcel4#� is more than half marshland, which inlcludes a 300 foot stretch of environmentally sensitive wilderness > m separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ribbon of land, we would rather that the town buy itr_`'° from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain la nesting spot " , � for egrets and herons and not become home to more houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces such as this.We want to spend some, of that money for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02,,lots 6-7-8. Name Si n turAddress/Phone ee0"' yf0 wo , 97 ^otTf,-/JC/ Ace znz �LF�2c A Mt91Zc SFo 1,3, x7- Fiw)l �i i r 971 ' wy 3 20 �, ��. �r ___�1 _ I ,�,za�:� •ham S'� .�r1��;�r�.�,� �Z��•3 z��'' r" - PETIT(-J)N TO PROTECT EAS , _-:REEK We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel i is more than half marshland, which includes a 300 foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on this .,- rtsTl',.'0•Y ribbon of land, we would rather that the town buy it from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces such as this.We want to spend somelof that money for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. Name Address/Phone ' S� Gr=51 6 r ��3 V�Uv C� f t- O f � Z 0 t � ` -2, 330 &IIAW eA ,Qkcc 1 I°c s a ;L�5cj o a I ��t v► G�e113 UW0jUtVV11 Vz<1 Kxcu--t Po ;r r N 1,�L"1,�;1�-d 1 Z S� c: �--�` S�- `f� ✓fir /V Y' /ai z� as 3 L( -6 y P 66. &Lo- A& ba . 4. A4�4k ��) -f( MYV i kAAAf 6.g4 7ZZ, IV3 I/I A,-) /H 5� 1 ANA qct �( �� r M) AAAa r-�sb PETITI'_.-,I TO PROTECT EAST 4EEK 31 We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel is more than half marshland, which includes a 300 foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on this , timed ,w ribbon of land, we would rather that the town buy it from the owner and preserve it forever.;It's a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain a'nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund - now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this smAll - v ega escrip ion — 0-136-02, lots 6-7-8. ZOgor�•r L//0 5��r-C,/� �°c� G��Z�r��e �G 3�� Lcl- � e (Ps MUe ccc AD X31 - 3 ?2s R �. vE-1 j ago (Y-k -13q- 6mq OtC' Ilt_ SbeAriA 19 &U 13Ltcx,7r- Lry c uu�eoL e. U3 C-"-y 1-7 UY-1 G" 572V�_ t Cic�i�-tel;�� ^- 0) A�p a�e L2 --7 c) C k b v R -, CU Ver 3 - 0 LU CSG uz— I e 'T10 MAT/lel C J+-Z�4 o C / .3 A(PAII ® X1 ,uJ I--yl A1)14�z A X115 CPL-2 X Mid[Io��'� C10?5 -S-i )w aaA,AQ Cu �3 t{5 y 7V cb L -7df <'3 2,-) 41 i — o _b DUvavt f —mA. I ,I I II I y 1 f If 1 7c:> 25' (ass R V (moi cQ CO's W)G- U� Y A�/Of / 4"?/VIL act - 7w--llI 4- lteT N CA14-1 Z4, z 36 3 1 gyp,*e 'FIs VIO T INA ZLl 2 � t5 �Cjy t PETIT* TO PROTECT EASTOREEK � �� 7r users M We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel is more than half marshland, which includes a 300 foot stretch of environmentally sensitiveMiderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ;: ribbon of land, we would rather that the;town buy it from the owner and preserve it forever. It's a Ione stretch of undeveloped land on ari already crowded a creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund _ _ ED now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description -SCTMO 02, lots 6-7-8. Southold Town Clerk Name Address/Phone I Ames jt<v-, v-N a, (de 5COG S -73 6331 PR-LI L- A74�g d-,P�T-/VC, � l Q eQ. JVe V N 1 � 3 Y - 1, i' kE1Ti-} W C5TON DJL pt-`j5Toc., O NZ Ggg(,,/ 73Z-1!990 Y67/ VI 6 AA 31 v� q7_5 PO-e— JPO 8Y, Pe ea?,f C 3 l 7 6, c{- 7 6 P,o , / vk h PETITE -jJ TO PROTECT EAST , SEEK Weare eesidents of Southold who wish to protect a ,.•,Y.• •, 4r , wetland)cieep within Cutchogue's fast Creek from development.This one-and-one-half-acre plus parcel is more than half marshland, which includes a 300 foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ribbon of land, we would rather that the;town buy it from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund - Y now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money RECEIVED for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. APR 2 3 2002 Name Address/Phone SOuthOld To n Clerk -" o-lY� ax P o dox 1 2-Q 8 ' 10 Z Ingyr>>v ci 3�� • c�I Jr A„ 7--p C��-ale /I �J�vl�,s• �P �.�1-�� / deglty .1 k .r eA-- �3 r '�� 7 zz 3� /✓/S� i�'. L di' o� Ave- q, /�'a1z- ��i►y+.- �_ 1N'M ke"C3 0@ PR D f 6'6' 1al w+Esw �a C v N M fl G"#E ZA �� •Z�� X73 fl AA k f s ti. (:C> obJL j�T Y��ll WL L�� c,1-i- c) a.c.J . L VIL 3 S Pq 119)60 H Ct�-rc&c Vq G �•� ��% . 9• o J•J,��u •� Alp" 722-4'7� 356 1)J*,WPA V �cr Z�F- � tel• � /� 'T1 c� �'-b��9 w A) P 799 .6 roaq 2-q,? /774o kE�—4 K".0 /kr LS� PETIT'i'vIN TO PROTECT EAST�-�_c-..'REEK We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel is more than half marshland, which includes a 300 foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ribbon of land, we would rather that the town buy it from the owner and preserve it forever: It's a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain a,nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces such as this.We want to spend some of•that money for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. i RECEIVED Name Address/ e APR 2 3 2002 Southold Town Clerk L v� f 7Y / OCA /C� f 5�_Qw0 C(�S6� PC'W qq 7wMespdi2r- A-��' �s`t-TEj2 A w (_L-;-9C IJc�� Rw4wQ lam' NV NV b V CINDKja atA 2dlyazz��Cfi__ I 414A_rL2A_ -Ll"4-L 1�,r_—Z_ 74V\, Cdu Z L i _U 71N J F0 _(_�all UZ ~, "eA4L PJ 3 1titi I yt r 04 ' C � r y v1 a AL- yt I I ) l� Ni. Q i ' CGt ��C l u (l -U \ ✓U J � v`L�L � �t �\ `tel/ J � � �'��-• �'/`� / �� DEW ►� �.� �- I r j PETM4...,N TO PROTECT EAST .:REEK ' ` We are residents of Southold who wish�to protect a wetland deep within Cutchogue's East Creek from '" ' � development.This one-and-one-half-acre plus parcel is more than half marshland, which includes a 300 foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on this , . , - ribbon of land, we would rather that the' town buy it -' .c. from the owner and preserve it forever.11t's a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot for egrets and herons and not become!home to more houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description —SCTM NO 10MM20lots 6-7-8. APR 2 3 2002 Name Address/Phone A4KZ,� Z • . r r r � f C -2z 1 x,l �/�� i �'� E�4-s T" c:C r2/-4 , TACK IL,L, ^Jt ur 1 Vii•' /,Z,�n ,•'"/S! ✓/cr /.f!ft y %%,�G•'%1 f) ? ,� /? r:' %` .s/; %.,'.1= Gtr q' • lri, w,.�< ' f , F, �� -► Y 7-J4 c 1h4�,� � /,�f�� V t5 T A)1417 1 1r1�c . d �i�—� � c;� ,rr� L L r) Al Y f c CA f I Jr4 Sdvv�(/r ' f C vv L ate- ' I/L,. / C�1 �� f • PETITIA TO PROTECT EASTOREEK We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel is more than half marshland, which includes a 300 , foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on this � w..., ribbon of land, we would rather that the town buy it from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded _ creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description —SCTM NO J%6&-k kQ, lots 6-7-8. APR 2 3 2002 Name -� Address/Phone ��%✓,�rJ - I3cRS C�.( 6?0 0 ,��©�;C .4� �C-14�/��,�$OUthp ?wn. Jt-Zz0 �" 6�k LOS >/A`"" rl//17 l/ a d,S�7 (X _ 36b S-Ifta- ,Of%-rl A? =7 All 1 \ '�lrJ / "��' . +. �;;�s'•��`a'y��,,�j%�� D`�r�!'�i�(E7 t�..G{`:��f �r ~� i%�•��eC.j 4 � I 5 400 H' eu�o t`n-'?p ZAohL X0006 CNo 3l' col f� S c K 1 i PETM ,,-►N TO PROTECT EAS'. .;REEK ` We are residents of Southold who wish to protect a f wetland deep within Cutchogue's East Creek from — --------- development.This one-and-one-half-acre plus parcel f0.rN uu _ is more than half marshland, which includes a 300 =g Y foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the!creek.The owner needs special town permission;to build on this ribbon of land, we would rather that the town buy it from the owner and preserve it forever. It's a Ione stretch of undeveloped land on'an already crowded creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces ECEIVE® s4ich as this.We want to spend some,of that money �r this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. �rz ��w� r, D v y��w W1.) s/� i►��G r7�, APR 2 3 2002 Name Signature Address/Phone Sout V"Ckrk IJ L t� yl�% p JAAA,I r J f�/ C /J GZer ITI w!- i I t GinIoL % l gi,66--- iV _ 01 ✓oGIC C�(c��C��' �occS�Cco<o( l f Ak J ra 11-71 VLi?�0 - i . � o -�-��cf 3 11 �o� Soul" L's, i PETITI&H TO PROTECT EAST VREEK q.M We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from y' development.This one-and-one-half-acre Pius parcel is more than half marshland, which includes a 300L foot stretch of environmentally sensitive 1wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ribbon of land, we would rather that the town buy it from the owner and preserve it forever. It's a Ione y stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description -SCTM NO 1000-136-02, lots 6-7-8. RECEIVED Name Address/Phone APR 2 3 2002 Southold Towns Clerk n � ! � V19 . ' r o� In C, h r' �yy y3 5e-in a �(a 1 a u r fr-- nn 2/z/ /Z� C aoz .�771��c, oki-4�e.,7,,edo'o f i lie CaA� 1 �,t-Card [01.433 1�av�ks Lc�•�.�. So v�lr,o � N`I l l°1�I ZU-J r L rl-- n r H A C 416 F GVl sur �� LA n4,vq — ' 4 n, r#f'evT a I AAI-Aa ' C►^� hvGd �� Nal V) PETITION TO PROTECT EAST�REEK We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel is more than half marshland, which includes a 300 foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on thisT ,_yf 5�t � ribbon of land, we would rather that the town buy it from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description -SCTM NO 1000-136-02, lots 6-7-8. RECEIVED Name Address/Phone APR 2 3 2002 �n Southold Town Clerk -M 1 -'8--� �E 0-'sA- VVI c-P i ok,- C/ p p � 3/ b77�ly�vEW� C.ry oa� AF �- '— j w rq z �iV• (rilJ�►3 T C� � • � � � � v � � Cr � G,^ f T `I PSI f 0 T 5T SET LRaA- y ® 7-/4- �� f- c � CUIA" QWU Gfe( l/i TIL)C60t; QA!rf r-am/& Ott)y c K � �d ��.��St VP0 A' j 1-1oWARA coeOgL%- I_ItoDs COeOF- L Jq K611b ( 5-6) 5' 344 AvoaD& 'v�, Stmkq I>�6 { PETITIi ,4 TO PROTECT EAST 'c-oREEK We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel is more than half marshland, which includes a 300 t foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ribbon of land, we would rather that the town buy it from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description —SUM NO 1000-136-02, lots 6-7-8. RECEIVED Name Address/Phone APR 2 3 2002 Southold Town Clerk i Q Amm &-2 cz L.,e f ?� o To CP q 1/-A-/L W E C 0 6-7 n 1 C>u- U l 15 S� Lost (( PETITFL,.N TO PROTECT EAST wAEEK We are residents of Southold who wish to protect a Z/-el wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel is more than half marshland, which includes a 300 , foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ribbon of land, we would rather that the town buy it from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund - y now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description -SCTM NO 1000-136-02, lots 6-7-8. RECEIVED Name Address/Phone APR 2 3 2002 Southold Town Clerk X"1, AA - Cl i l 77 f 1 f1� . ��'��,,� C ��d' !� I71 rsC L, �!3j✓.�� ' �� f G�/,�..L-��72,x-c= �. t�, 3`�s a, 4W Ain z2Yr,/zV-1 290 S d 91r D11 GA-41�' l ` IMPlt r � a N X/ 0 ^^-� go Com,'S F PETITI( _ I TO PROTECT EAST 1EEKWe are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel is more than half marshland, which includes a 300 foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from,the creek.The owner needs special town permission to build on this ribbon of land, we would rather that the town buy it from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces RECEIVE® such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. APR 2 3 2002 Address/PhoneSd o 11101 T® Jerk 7 3 26, 6L Pc3��-sz S`�. �' ✓ems! �� "•06 N C L A cr c, Isue /Z 1035- v c� J /9FD b )4vo -�2 1-( 0 b/V `7 OS IZ� , P�s►3 S`t(�G► � t l y LM?—I1A,3 Clj� Q4,e r f PETITIw�4 TO PROTECT EAST .,REEK r We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel is more than half marshland, which includes a 300 4 foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ,r �T- ribbon of land, we would rather that the town buy it from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund ' Y now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description —SCTM NO 1000-136-02, lots 6-7-8. RECEIVED Name Address/Phone APR 2 3 2002 / Southold Town Clerk /�So.� �S /'/��n✓,v�.�� / %C� D l�� S�cQr.� l� �A,�� Gu►`z�i�f��e,'l3�y��l a IV ��,�UL��fC� (s /t�'v� a�r� G.�j r`T� 711,72,l% U`V�-S�<z 2) -2 ffolil uJ - f I LP0 ro� �6 hoc � G �j' U � �1��C LK S o J�>KA) A . rA)j LL a Aa I `JCC rpt. PE•w,ti'd c_ 6A- Mo � e',/) 7.I" 71-1,- A A 02 l� Atl� ad r 1 PETITI ._ 'l TO PROTECT EAST ,SEEK , We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel is more than half marshland, which includes a 300 foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ribbon of land, we would rather that the town buy it from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded fill creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description-SCTM NO 1000-136-02, lots 6-7-8. Name Address/Phone 4,l 8V ct )t4 c�3M �iZu,W 3d `lJ Gf °� owe. 72s )RlQuay Alez ti 14 —IA--3 j &?4'Ll 1 ec,-It�j�QC&6c, r1�2.k . 3 Z3- -5 RECEIVED nnn 1 @0 Southold Town Clert f PETITF, TO PROTECT EAST,�IEEK 4 /.V Viers rr We are residents of Southold who wish to protect a wetland deep within Cutchogue's East Creek from development.This one-and-one-half-acre plus parcel ' is more than half marshland, which includes a 300 foot stretch of environmentally sensitive wilderness separating Stillwater Avenue from the creek.The owner needs special town permission to build on this ribbon of land, we would rather that the town buy it from the owner and preserve it forever. It's a Ione stretch of undeveloped land on an already crowded creek.We would like to see it remain a nesting spot for egrets and herons and not become home to more houses.The town's Community Preservation Fund now has millions of dollars to protect scenic spaces such as this.We want to spend some of that money for this small corner of Cutchogue. Legal description=SCTM NO 1000-136-02, lots 6-7-8. Name Address/Phone G -L- 7lo C4�(K n z- ✓✓� ls" i O �1�,mvv,PIIK �S7S NlrcL �,/ .✓rte 764- 31�' CV v t REGEWED APR 2 5 2002 Albert J. Krupski, President l 4. ~J Town Hall ur � r 'James King,Vice-President - O�QS �C� 53095 Route 25 P.O.Box 1179 Artie Foster G Ken'Poliwoda C y� Southold, New York 11971-0959 Peggy A.Dickerson ti Z Telephone(631) 765-1892 $ Fax(631) 765-1366 viol � Sao BOARD OF TOWN TRUSTEES tf TOWN OF SOUTHOLD April 25, 2002 t; Gary Flanner Olsen Attorney at Law P.O. Box 706 Cutchogue,NY 11935 RE: NEIL SCHLUSSEL E/S STILLWATER AVE. EAST, CUTCHOGUE SCTM#136-2-6,7&8 Dear Mr. Olsen: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, April 24, 2002 regarding the above matter: WHEREAS, Gary Flanner Olsen, Esq. on behalf of NEIL SCHLUSSEL applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated February, 4, 2000, and,' WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on April 24, 2002, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set.forth in Chapter 97 of the Southold Town Code, f WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of NEIL SCHLUSSEL to construct a single-family dwelling, attached garage, deck and sanitary system, with the condition of a 40' non-disturbance buffer, gutters and drywells, and as depicted on the survey dated January 30, 2002 and last revised June 27, 2002. BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency,which may also have an application pending for the same or similar project. Permit to construct and complete project will expire two years from the date it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$5.00 per inspection. (See attached schedule.) Fees: None Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/lms DEC 2d AE Board Of Southold Town Trustees :Y SOUTHOLD, NEW YORK DATE: April 25, .. PERMIT NO. NEIL SCHLUSSEL ISSUEDTO ........ ................ ..... � � Ott 7f� t N 1 � Pursuant to the provisions of Chapter 615 of the Laws of 1 L the State of New York, 1893; and Chapter 404 of the Laws of the r� State of New York 1952; and the Southold Town Ordinance en- �� titled ."REGULATING AND THE PLACING OF OBSTRUCTIONS ^ k �� •��,�' �� IN AND ON TOWN WATERS AND PUBLIC LANDS and the .N • F REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;','. and in accordance with the Resolution of The 66ard adopted at a meeting held on ...April 24, t` 2002 and in consideration of the sum of 150.00 paid by e Neil Schlussel k a: s%x of ....... .....Florida............ N. Y. and subject to the '7 Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: �" Wetland Permit to construct a single-family dwelling,attached garage,deck and sanitary system, with the condition of a 40' a non-disturbance buffer,gutters & drywells, and as depicted o�. the survey dated January 30, 2002 & last revised June 27,200'2. all in accordance with the detailed specifications as presented in c� the originating application. � The said Board of Trustees here- by WITNESS WHEREOF, �A by causes its Corporate Seal to be affixed, and these presents to 1 be subscribed by a majority of the said Board as of this date. -` i' ' Civ`�O�C �` •z ane ) ,a Trustees • 4✓ a � ``` \` •� \ \\ � I' �\ ./ yam, R" -' USTE ES ou T� s THOLD - Iss��d 1'� 11:�11Sc.h�.uSse��. Date 'Address SIS S�htVu*w �2. fast .: Cs�telnc�oc�a.. THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD. SOUTHOLD, N.Y-. 11971 TEL.: 765.1892 11 ju FLEE4T' ECK PROPERTY OWNSOCIATION , INC. P: 54 11\ CUTCHOGUE , N Y 11935 January 9, 2003 Town of Southold Zoning Board of Appeals °i , j° ------ Town ____. Town Hall, PO Box 1179 Southold,New York 11971 Subject: Zoning Variance Request of Schussel/MacFarlane (SCTM# 1000-136-2-6/7/8)— Hearing of 1/16/03 The Fleet's Neck Property Owners Association, composed of 180 member families on Fleet's Neck, objects to variance of town requirements concerning the Schlussel/MacFarlane application for construction of a house on this site. The lot is not suitable for building: 1. Approval to develop this lot would obviously enhance its value, but such development would degrade community aesthetics and degrade the value of other area lots by blocking the vista. 2. When the house plan was for a dwelling of 1800 square feet in area(April 2002 and before) the Board of Town Trustees asked for a smaller dwelling more suitable to the site. The house plan submitted later for a building permit (dated November 19, 2002), calls for a 2740 square foot, two-story house not in harmony with the setting. 3. The Chapter 100 front yard requirement is for a 50-foot setback. The average setback of the ten adjacent dwellings is 99 feet. The plan for the dwelling proposed shows a setback of only 26.24 feet. The variance sought is for a distance shortfall substantially more than the distance required by the code or the adjacent parcel practice. 4. This is a special site. This parcel is one of 57 parcels that meet all four criterion of the Peconic Estuary Program's Critical Lands Listing. This list identifies 125 acres out of 66,000 acres as being of critical importance to the Peconic Estuary. A variance allowing development of this parcel will represent a new"weak link" in precedent for overriding the town code. Soon similar parcels such as SCTM# 1000-110-1-7.1, 110-7-28 and 087-5-16 will be even more threatened. We ask you as members of our community to stand fast and not continue the erosion of our town code and our neighborhood. We urge you to reject this application. Sincerely, J. T. Wetzel, President "TRANSMISSION VERIFICATION REPORT TIME 01/09/2003 15:05 DATE DIME 01/09 15:04 FAX N0./NAME 7347712 DURATION 00:00:41 PAGE{S} 01 RESULT OK MODESTANDARD ECM e `V C �� o CL)cam FLEETS BECK ®° PROPERTY OWN SOCIATION , INC. Pw CUTCHOCUE , N Y 11935 f COPY OF LETTER SENT TO THE BOARD OF TRUSTEES REGARDING THE MacFARLANE PROPERTY March 30, 2002 Board of Trustees Town of Southold 53095 Main Road Southold,New York 11971-0959 Subject: Robert MacFarlane's application updated 3/6/02 to develop waterfront property on Stillwater Avenue in Cutchogue (SCTM# 1000-136-2-6,7,8). Dear President Krupski and Trustees Dickerson,Foster, King,Poliwoda: We urge that you not approve the subject application. The property is not a suitable building lot. It is substandard in that development would require variance from the Town Code. * The property-is half underwater. • The customary 50-foot wetlands buffer cannot be provided. • While the proposal is clever, it shows marginal elevation, a septic tank and cesspools shoehorned between the house and the road, and a setback of only 19 feet. t This is a high quality environmental property. It not only includes a nice stand of spartina alternaflora marsh,but offers a fine vista of the Town-owned creek and estuary for all to enjoy as they travel along Stillwater Avenue. Development would negatively impact the wetlands, creek and the vista. It is not a suitable building site. Ninety-five percent of the roposed development is within the 100-feet-from-the-water jurisdiction of the Board ofTrustees. Southold's well-stated interest in preserving our environment is widely supported by our community. This proposal should be stopped- here by the Trustees who are entrusted with our waterfront and provided with the authority to do so by the Town Code. It is important not approve this application. Sincerely, Tom Wetzel, President cc: Richard Ryan, Chair, Land Preservation Committee J Melissa Spiro, Coordinator, Land Preservation Department Josh Horton, Supervisor Scott Hillary, Chair, Conservation Advisory Committee Kevin McCallister, Baykeeper SAN 1 Dear Enclosed you will find a copy of a petition to "PROTECT EAST CREEK." Over twelve hundred citizens of Southold Town signed this petition of which you have copies in your office. Briefly stated we wanted the town to buy this small but important part of East Creek because it sheltered numerous plants, birds, ducks geese and marine animals that make up a part of this estuary that feeds Peconic Bay. Please refer to the poster which further illuminates the structure of an estuary. East Creek is burdened by a toxic metal pollutant so that its shellfish cannot be harvested. East Creek needs preservation and restoration and should not be subject to over development which this proposed large house will have on this creek. The proposed twenty- three foot setback is an indication as to the extent the developers will go and in the process will destroy the wetlands. We urge you not to approve this setback. The "East Creeks' of Southold Town must be saved, preserved and nourished. Sincerely, 66� �� f �. r ti.Vi �-• a �C ate' r7T" «Sir K 4 io T J .t' 44 , SISFFO`,� Off® C® ELIZABETH A.NEVILLE _� G'y Town Hall, 53095 Main Road TOWN CLERKy - P.O. Box 1179 REGISTRAR OF VITAL STATISTICS r Southold, New York 11971 MARRIAGE OFFICER ,L Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER y"'/Q� �aTelephone (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 DATED: November 18, 2002 RE: Zoning Appeal No. 5259 Transmitted herewith is Zoning Appeals No. 5259—Estate of Schlussel-Zoning Board of Appeals application for variance. Also included is Letter from Gary Olsen, decision from Trustees, Trustees permit, Short Environmental Assessment Form, survey,project description, notice of disapproval, applicant transactional disclosure form, and letter from Schlussel. i L� OLSEN & OLSEN, L.L.P. ATTORNEYS AT LAW GARY PLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW P.O. BOX 706 • 32495 MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 631-734-7666 • FAX 631-734-7712 • olsenlaw@optonline.net November 20, 2002 Re : Schlussel - Variance Our File 6985 Tax Map 1000-136-2-6, 7 & 8 To whom it may concern: Enclosed please find 4 prints of the floor plan amended to indicate height and second floor plan. Also enclosed is one copy of field sketches depicting the locations of lath set at the outside corners of the proposed house and one set of photographs of the lath set . Very truly yours, L AIT ER OLSE GFO: lmk Enclosures Town of Southold Zoning Board of Appeals Main Road - Town Hall Southold, NY 11971 _ 1 I 0UTIg ' Young Job NP,c ra rLk/J6 ZoC> Planning; Engineering and-Eand Surve!]Ulg Sheet of J000etrander,luenue:Riuerhead.IVY11901 Date Initials t oo- .I J t } i s i X•� C�k7 L;f 5�� : NAS 'FND os S Sao Sol 3� 30 7 1 O - 1 I� Pk FNd Q 1 i 1 To ung ia'-' young- don M4, T7.AgL-AkJIC' 20+1 r�So Planning, engineering and L,a,z. 253urvei,invl Sheet Q of 400 Ostrander luenue.Riuerimad.MY11901 Date "-IZ Initials PRO', 4+�, — I f ! j , I : r r I «..._. ... ._ _ I _ . , !•��i _ • 1�3 X81 _. .._. . _. .. . _.._. _ . . a tool \�q �p-oma -- _ r FNO .... .. ..._.._. -.._._. ..._ _............. ---....._ ... ._. ...._._ _..... .. _. ...... d 1 1 re^ised 1/99 \\dea'a,My Documenrs\young&oauag\eng gp 6reT ti • ;aca. - -� � -a►. !�"•net� r�� •'`. .��.,� ... OLSEN & OLSEN, L.L.P. ATTORNEYS AT LAW GARY PLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW P.O. BOX 706 • 32495 MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 631-734-7666 • FAX 631-734-7712 • olsenlaw@optonline.net October 31, 2002 Re : Schlussel - Variance Our File: # -6985 Tax Map: 1000-136-2-6, 7&8 To Whom it May Concern: Enclosed herewith please find one original set and six copies of the following: 1) Check payable to Town of Southold in the sum of $400 2) Application 3) Notice of Disapproval from Southold Town Building Dept . 4) Copy of Survey (four more copies to follow) 5) ZBA Questionnaire 6) Transactional Disclosure Form 7) Project Description 8) Building/Floor Plan (to follow under separate cover) 9) Copies of Southold Trustees approval 10) Consent from Neil Schlussel to Gary Flanner Olsen, Esq. I will also see that the surveyor flag the outside corners for on-site inspecitions and that photographs of the flagged construction areas are submitted prior to the hearing. The distance between n'ew proposed construction and nearest wetland grass is shown on the survey. Please advise should you require anything further. Please contact my office as to the date we will be on the calendar. Very t u urs, 49AY FtONER OLSEN GFO:dwo Hand Delivered Town of Southold Zoning Board of Appeals i i I PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s). Gary Flanner Olsen, as attorney for Neil Schlussel and the Estate of Murray Schlussel I. If building is existing and alterations/adclltlons/renovations are proposed A. Please give the dimensions and overall square footage of extensions beyond existing building- Dimensions/size: Square footage: B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: Square footage: II. If land is vacant: Please give dimensions and overall square footage of new constriction: Dimension/size: 1.4401 Acres Square footage: 62,730 Square Feet Height: III. Purpose and use of new construction requested in this ap lication: residential private one amity dwelling IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): Due to the proximity to the wetlands, the Board of Trustees has approved the project, however required that the dwelling be moved further from the wetlands, and therefore creating the need for a variance for a front yard setback. V. Please submit seven (7)photos/sets after staking corners of the proposed new construction. 7/02 Please note: Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. f PROJECT 1 D NUMBER SE UR 617.21 ✓ Appendix C State Environmental Quality Review 4 SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—Project Information(To be complete by Applicant.or Project sponsor) 1 Applicant/Sponsor . 2 Project Name Neil Schlussel and Estate of Murray Schlussel, °=z-.. ~= ;?-y 3.Project location- Municipality County 3085 Stillwater Ave., Cutchogue, NY 11935 SCTM: 1000-136-2-6,7,&8 4.Precise location(Street address and road intersections,prominent landmarks,etc.or provide map) see above 5.Is proposed action: ( NEW ( )EXPANSION ( )MODIFICATION/ALTERATION 6.Describe project briefly: Construction of private, one—family dwelling 7.Amount of land affected: Initially: 1.4401 acres; Ultimately: 1.4401 acres 8.Will proposed action comply with existing or other existing land use restrictions:(X)YES ( )NO If No,describe briefly: 9.What is present land use in vicinity of project:(describe) ( Residential ( )Industrial ( )Commercial ( )Agricultural ( )Park/Forest/Open Space ( )Other 10.Does action involve a permit approval or funding,now or ultimately from any other Governmental agency,(Fed era 1,State or Local)? (A)YES ( )NO If Yes,list agency(s)and permit/approvals: Suffolk County Health Department DEC Southold Town Trustees 11.Does any aspect of the action have a currently valid permit or approval? (X)YES ( )NO If Yes,list agency(s)and permit/approvals: Suffolk County Health Department DEC Southold Town Trustees 12.As a result of proposed action,will existing permit/approval require modification? ( )YES (X)NO If Yes,list agency( nd termit/approvals: I cert! t the informationp vided above is true to the best of my knowledge Aplicant/S onsor Nam • Date: 10/31/02 Gary Fanner �lse ., a e c el Signature: and Bstate ot Murray c usse If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment J APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics_prohibits conflicts of interest on the part of Town officers and employees The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same YOURNAME: Sclussel;--Neil and the Estate of Murray Schlussel (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X If you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted thi 8 of October 2002 � Signature: Print N Ga lanner Olsen as attorney i for Neil Schlussel OCT-31-?00? THL�i 1 . 5 AHANCEP IHURANCE PAXA�I W 10 P. Oc't-31-02 02:03P GARY FLANKER OLSEN.ESO- 637 734 7712 P October 31, 2002 Re: Schlussel Stillwater Ave. , Cutchoguc SCTM: 1000-136-2-6,'1, &S 1, Noil Schlussel hereby authorize my aLLorney, Gary Flanner Olsen, Esq. to apply to the 5outhold 'Down Zoning Board of Appeals on my behalf, and on behalf of Che Estate of Murray schlussel . J 44 Neil chlussel I �--fes Town Of Southold P.O Box 1179 -=� oouthold, NY 11971 * * * RECEIPT * * * Date: 11/01/02 Receipt#: 348 Transaction(s): Subtotal 1 Application Fees $400.00 Check#: 0348 Total Paid: $400.00 Name: Schlussel, Murray( Estate of) Stillwater Ave Cutchogue, NY 11935 Clerk ID: LINDAC Internal ID:63902 I APPEALS BOARD MEMBERS Southold Town Hall 53095 Main Road Ruth D.Oliva, Chairwoman, P.O.Box 1179 Gerard P. Goehringer Southold,New York 11971-0959 Lydia A.Tortora Telephone(631)765-1809 George Horning ZBA Fax(631)765-9064 Vincent Orlando http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOOTHOLD December 22, 2003 Mr. Gerald G. Newman, Chief Planner � Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 i Dear Mr. Newman: Please find enclosed the following decisions, applications, surveys, tax maps, building disapprovals, and related information for review pursuant to Article XIV of the Suffolk County Administrative Code; within 500 feet of: R— STATE OR COUNTY ROAD W —WATERWAY (BAY, SOUND, OR ESTUARY) B — BOUNDARY OF EXISTING OR PROPOSED COUNTY, STATE, FEDERAL LAND ZBA NAME ACTION REQUESTED R W B 5186 DROEGE, M ACCY WIND TURBINE — LOC. & HEIGHT X 5259 SCHLUSSEL, M NEW DWELLING — FRONT SETBACK X 5386 RUBINOW, L ADDITION — FRONT YARD SETBACK X 5411 BROWN, K ADDITION — SIDE YARD SETBACK X 5418 FORCHELLI, J ADDN — SY SETBACK & LOT COVERAGE X 5423 CHESKA, J ADDN — LOT COVERAGE X 5426 SOGOLOFF, D DECK— BLUFF SETBACK X 5433 RODIN, C 12 NO STY ADDN — FRONT PROP LINE SB X 5434 PAGANO, J NEW DWELLING — FRONT YARD SB X i If any other information is needed, please do not hesitate to call]us. Thank you. Very truly yours, Jess Boger Enc. cc: ZBA Staff 1 &SEN & OLSEN, L.L.P. 'n16 5 ' TTORNEYS AT LAW GARY PLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW P.O. BOX 706 • 32495 MAIN ROAD -• CUTCHOGUE, NEW YORK 11935-0706 PHONE 631-734-7666 • FAX 631-734-7712 • olsenlaw@optonline.net June 5, 2003 Re: McFarlane/Schussel Board Members : I just received Gail Wickham' s letter addressed to you dated June 5, 2003 at approximately 4 : 00 p.m. In response I would like to point out that the conditions of the DEC and Southold Town Trustees, and Health Department approvals will have to be met when the house is constructed. Approvals have been received by all of the above listed agencies, respective to their jurisdictions . We are before the Zoning Board of Appeals for a front yard setback variance to locate the house 37 . 5 feet from the street . We are not before the Zoning Board of Appeals to ' revisit the approvals and conditions of other governmental agencies referred to above . This variance application is necessitated due to the conditions imposed by the DEC and Southo�d Town Trustees . I wish to remind the Board that it granted to LoGrande a 35 foot setback. We have been going through the permit process for well over three years and have obtained all the other permits necessary. Mr. McFarlane has attempted to address all the issues raised at the Zoning Board public hearings and has been sensitive to the neighborhood concerns . The last set of plans submitted to your Board by ' ng and Young attempted to address said concerns . I respec ive y request that this application be approved. Very ban y ur , GA FLA R 0 SEN Southold Town Zoning Board of Appeals Hand Delivered a. IILA-10 5-/d 9-/0 3 (1- 5ld-1103) cc: Abigail Wickham, Esq. Faxed to: 298-8565 ANpski,Pxesiclent° f f, ,,;• >>.;f; __:: + •';'r_'-- __ ' :T-i,,,King, Vice President, r> ..n }ar. SUFFO� t .+�'o`vvn`''',y _t ks=r,•',.',':�- , - ,• 0 Hall~.: -Y.•,_z. 4rvlb Vagter, .,.'-,'f:r. r ��`! �O 53095 Route ,�r;;rv� rJ;VY,f•;,•, a;;�,a,:-°;:7Y,, ,.. `__..;t-. trK..:'r.»-err.`,k. P.`.4K"'kt.•T''2l;e i^L (:I.i' 'i �V�/+f�; r.n�tF,.y,.teF�r. Sorcu,t.h- ol;d,;.v;PN_.Oew.Boxor1k17T9AQy _r...1.m:N0::9a.5KeiyMiwoda97 ._. Peggy A. Dickerson . y = �-v.,.r; n s: .,;_ ,•,;- !�' Telephone(631) 765-189 Fax "ra,,a'w, ;;,•� ,y 0 (631)765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 25, 2002 Gary Flanner Olsen Attorney at Law P.O. Box 706 Cutchogue,NY 11935 RE: NEIL SCHLUSSEL E/S STILLWATER AVE.EAST,CUTCHOGUE SCTM#136-2-6,7&8 Dear Mr. Olsen: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, April 24, 2002 regarding the above matter: WHEREAS, Gary Flanner Olsen, Esq. on behalf of NEIL SCHLUSSEL applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated February 4, 2000, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on April 24, 2002, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board-has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter'97 of the Southold Town Code, - -• --_ ��'- •ice _ --. ,- _ -__ - - .i ',l;;� ").: � -_ ;;z iii"" "'=%') >"' - `r- ,. ',r`,r, , ., ., �r>ti :t,Ft '''d � r'l, ,- tet` �`�• `$:` ;s.2: i;""I�".k` v"a`'}"�?.; c�F':';r , ,. ` - ,�u`., .,: - - - _-,i-.. - -.� - - •.t,f,,>, -„ate, av%1..r”{73 -_ - - - - .3: :t'r fr` Yi>: ..a >.�'=k' a:•t ��'ii� r^ ' .r l-'. •te, - z' r `.;,f.c - '�.v t -"rf-.,`,,,. L.w. ...-f'^. c- '�L'',- ',.- '';..: . .;x w:=::_• At - . ,:Y�,, n �. _ _�+ .•4, WHEREAS; the Board has determined that the project gas proposed will not affect the health, safety and general welfare•of the p� gple.of the town .,: :•: �t t '�t" 'I'; �•pr. r - ,. . .-r `:,, .. ..a: .,s:t_ .;,°;Vz�rR.>,>`k �,� k.r,k:',,1t�`�1,. ;1,3 -:•; f.'aaT NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of NEIL SCHLUSSEL to construct a single-family dwelling, attached garage, deck and sanitary system,with the condition of a 40' non-disturbance buffer, gutters and drywells, and as depicted on the survey dated January 30, 2002 and last revised June 27, 2002. BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency,which may also have an application pending for the same or similar project. Permit to construct and complete project will expire two years from the date it is signed. Fees must,be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$5.00 per inspection. (See attached schedule.) Fees:None Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/lms DEC f f/ � �� ✓`i r � I, l K�� 1- .r•.p- �, � ♦. ` � tom''•+~i• - .. ;��`,`� ate. �-...�,:�• � � �� °" � :� ZI-,•.,.�:" � - s ry.yl'c- ^ Y r �• -�Y•;fnY ',f: •'t r •R _ Board Of Southold Town Trustees '. 'Y �x SOUTHOLD, NEW YORK .t April 25, 2002 % S 3l0........ DATE: ...._April ' PERMIT NO. .. ...... ,� -. �_ • - NEIL SCHLUSSELa ISSUEDTO .......................................................................................................-............................Aut it zat Pursuant to the provisions of Chapter 615 of the Laws of " = the State of New York; 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordinance en- '= titled ."REGULATING AND THE PLACING OF OBSTRUCTIONS' -_-1W7A to t-O_N TOW WATERS AND PUBLIC LANDS and the _ fi E REMOVAL OF SAND, GRAVEL-OR OTHER MATERIALS FROM LANDS UNDER TOWNWATERS;!, and in accordance with the Resolution of The Board adopted at a meeting held on ....April 24, 2002 150.00 id b `r . ............. and in consideration of the sum of ............................. Pa y ' L: Neil Schlussel _.R .............................................................................................. r� ... .................... N. Y. and subject to the =- ,a of ................Florida------••----•--........... . . . I ', � � M` Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and.permits the following: z U;1, Wetland Permit to construct a single-family dwelling,attached •garage,deck and sanitary system, with the condition of a •40' , tic � ``.' non-disturbance buffer,gutters & drywells, and as depicted on '� the survey-dated January 30,_-2,002_&_1;i--;t revised Tune 27;2002. all in accordance with the detailed specifications as presented in s*� the originating application. The said Board of Trustees here=, IN WITNESS WHEREOF, -, . by causes its Corporate Seal to be affixed, and these presents to be subscribed by a'maiority of the said Board as of this date. 1• Ay , cin h�i (ne ) Trustees, ` ={"` .jfv;: `_.{'�'�5+ +3• �S~'r rKL '.C' —4��` ';r' ,,,ti••S" - t ._. _ .F; -- -:ct•�;'S, aa _`�" ';�'•'•..�.�,.,•�.. ,ir;.=.5'� 4 a?Y• at ^f?._... ,yi7t::1`1 - r '_ ... - .._. - _._ v ':fi Vii. =�':. (,f.:•'_•. a _ _h•:-'.F't+). -. _ __-• _" i •Y>�J•,w�ir3 uh�F`SI'N�:�: TERMS and CONDITIONS The Permittee Neil Schlussel residing at 8040 Cleary Blvd. , Plantation FL 33324 N. y, 'as part-of the consideration for the issuance of the Permit does understand and prescribe to the fol- lowing: 1. That the said Board of Trustees and the Town of Southold are released from any and- all damages, or claims for damages, of suits arising directly or indireody as a result of any oper- ation performed pdrsuant to this permit, and the said Permittee will, at his or her own.expense, defend any and all such suits-initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete•exclusion of the Boaid of Trashes of the Town of Southold 2. That this Permit is valid for•a-period of 24 mm which is considered to be the estimated time*required to complete the work involved, but*should dreumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned-that auth- orization uthorization was originally obtained. 4. That the work•involved will be subject to the inspection and approval of the Board bt its agents, and noa-compliance with.the'provisions of the originating application, may be cause for revocation,of this permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. G. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks, ' 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the. work shall rause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or.alter this work or project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Permittee of the compledon.of the work auth- orized, 9• That the Permittee will obtain all other permits and consents that may be required sup- plemental to this permit which may be subject to revoke upon failure to obtain same. ^ r.-r{•ts, ., rl;_ , ,p7- sv: ,d.>',_ .S,±T�;•n.r.,<rw.`.; t„ I-• `{'^ '' 1'G:�."-'`].,n. . - ;':•tF.,_s -, . 7 `�'i is Albert J.Krupski,President' _ Town Hall,,. r' James King,Vice-President - O$V�� K't' 53095 Route 25 ,Artie Foster,_ Off' COG P.O.Box 1179 =a°•`- : �a$c+rz, , �•�- '"•�'-x;•.�;��,Axa'�:��::�.�;:,.;�h�.Yr,,.,,, �'�. '•?� :�}..�.. ' ;r,;�o tiod;N.ew.York:�19,7,1,0959a - •:, �:-;�,•;'��. _ =r, - 'Keri'Poliwoda�- .- - - �.:: .:�� _ •�, r• .• .., "� - „�.�.r5` i,lni r..r�, , �•. ..,;,.t ,r•}.+{f,'�.��•. .ly!,,{�4u.:1l�w.'a:f.)�N 1V,�. co Peggy A.Dickerson e/� �? Telephone(631) 765-1892 Fax i(631),65-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1St day of construction % constructed / Project complete, compliance inspection. I ,i9x t„h r '� �"'c'YS.''- bJ•,s�G. urF...,lia z�'..; n x <,} ,U�7G,, '�•.•t. `.r1.' ;. + _y, � 9} � rip " _5-.; �a„",-`_�„ I;r�.,�,tLr"�,� h;�?;a, ?,48;-as�'�:a.' ;1,f"'4 n•,s's r ,t` "' � r .n ,� $i� ``•� z ! 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'.u`.: - ^t;r_,,.,. .�, �,� >>a a4... .u�",'•,�. - t= - ,,. za-t�'�2:r:' �5;;� s".t_lr'- ,�.;%�'f-.� �t;' k•'�,> �`,a"�i, ;tii ':�=`;;{'-, ri'::.r•. ,y�.S `.r<."..�rt'`.' Ta .E�'h.,=�.5_,; r-^:tv-`-�"�� .aY �' z4,�a. ,�i•".,� •w�7, `1{`;, -;�`,+t.r2 a.n•.. r. �+",q'ar +C }`,' e.-A'?f`.( ,,.,• r'd,t..,"F• 44y � :<s+'u- ..S%}:.,ii',-'r - ,. 1,.0 p -e A r.�L"� r°'' ° "F � err r,"F:'i:i•„iti r� "w c.. 'l...y :',� r' "�i:3 _ __._-',i__`....._�.,__.:._si'.�__�`:-5.�.�`•J.�_..._;�.�:��,*..:s.'+...,...:..,..�.5.- y,1„-��..,t*.,( ..�.__�.t•r�_5.�.+s. e Xa u .f a.3,�...C, C�'S3'"'e+ _._s,.�:_" 5 tt�.'�..;g..,...�rs_u.._�Y.---' t ZONING BOARD OF APPEALS 1 TOWN OF SOUTHOLD ( 6 31 ) 765 - 1 809 FAX ( 631 ) 765 - 9064 FACSIMILE TRANSMITTAL SHEET TO: FROM: COMPANY: DATE: FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: 23 a/77-- RE: /J YOUR FILE/REFERENCE: ❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT❑ PLEASE REPLY❑ PLEASE RECYCLE NOTES/COMMENTS: -/ vv c 53095 MAIN ROAD P.O. BOX 1179 SOUTHOLD, NY 11971-0959 JUN-05-2003 15.54 FROM:IIICKHAM Ix BRESSLER 631 29B e565 10:6317659064 H.002/004 LAw Or'OR ►vq(�' WICKHAM, BRESSLER,CTORDO�T 8c GEA�SA,P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND GRIC.I,BRESSLER NEW YORK 11952 279 BROAD HOLLOW ROAD AP,l iAIL A,WICKHAM I SUITE 111 1 YNNr M,GOP-DON MELVILLE, NEW YORK 11747 JANET GF.ASA 631-298.8353 •••- TELEPAX NO,631-298-8565 631-249.9480 wwblaw ,,wl,coln TELEFAX NO;631-249••9484 June 5,2003 UN 20 Town of Southold Zoning Board of Appeals 'vN e 200 53095 Main Road Post Mice Box 1179 80Aft o-- ALS Southold,New York 11971 duo 204IP70�OF A"P EAIes ]Re:Mek'arbane.Schussel Ladies acid Gentlemen: The fleet's Neck Property Owners Association remains opposed to the construction Of residence on this parcel,over 50%of which is located outside of the allowable building envelope. They feel that the Town should not grant such extensive relief,particularly on an elnvironrnentally sensitive parcel where no economic hardship or. difficulty has been demonstrated. As requested,we subunit for your consideration the following conditions Qn the greenbelt area wl i,ch.the applicant ll Ls of eyed for lbe south portion of the property, 1. Compliance with all conditions of DEC and Southold Town Trustees. 2. 'rhe upland conservation area should include more of theroad frontage area to the south of the residence. (As the plan now proposes clearing,a large area would be impacted near the road, and significantly disrupt the wooday appearance of the property. We propose that the upland conservation area.roan.from a point where the drywell rim 7.0 is shovat We enclose a sketch with an approximate line.) 3. The arca would encompass the eYatire area from the street to the 40' nowt-disturb.mce area to the South of the residence. 4. Within tlae area designated as"upland conservation area", a)the property will be left in its natural state and at natural grade,with the existing predominantly oak woods area to retrain. I JUN-05-2003 15:55 FROM:WICKHAM & BRESSLER 631 298 8565 T0:6317659064 P.003/004 b)there will be no Fence or shrubbery over 2.5 feet.in height from natural grade,na structures or mnlu nade improvements, no vegetation which will grow to m,oa'e than,2.5 feat, and no Fence of any height cn the interior portion of the w•ea. (The plan shows a 2'5 stone fence- - we leave it to the Board's discretion,as to,whether a different type of fence or no fence is permitted). e)The only trees to be removed wo4ld be saplings of less than 2' diameter, dead trees,trees which have fallen naturally by the elements,and selective removal of non-native underbrusli, Any areas o'runderbiush removal would be immediately replanted with low-growing varieties of ga;oundcover. (Some of the varieties Suggested by the applicant grow up fairly high Banc!/or are not suitable for shady areas.) d)173e woodland fringe on the Town roadbed in front of the upland cooservatio,n area would be suvjact to the same limitations, as soane of the trees are located in this arca. e)There will bC no removal o,f soil and no installation of lights or utilities. Thaak you for your consideration. Very truly yours, RECEIVED- Abigail EQ V Abigail A. Wic1Cl1an1 JUN _ 2003 L ZONING BOARD OF APPEALS AA PY/th 301zaa cc: Gary Olsen,Esq. ✓UIQ ' S 2003 I TUN-05-2003 15:55 FROrl:WICKHAM & BRESSLER 631 298 9565 T0:6317659064 P.004/004 K ECEIVED IV JUN 2003 JU2003 rq- NING BOARD OF AP APpe ALS 'ce JMN 'q WHO," Ive P I/C14 F= QP Ld `,`ti .� i hQ. D`447 All 4f 4f 4 Gn of 15,to N 40' 14, re TRANSMISSION VERIFICATION REPORT TIME 06/05/2003 15: 42 DATE DIME 06/05 15:40 FAX N0./NAME 7347712 DURATION 00:01:57 PAGE(S) 04 RESULT OK MODE STANDARD ECM I ' � r r y Page 31 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing 11:38 am SCOTT AND SARAH HASSILDINE #5281 CHAIRWOMAN: Resolution to grant the applicant's request to withdraw this application. 11:40 a.m. Estate of Murray Schlussel - #5259. (Continued from Feb. 6th hearing). This is a request for a Variance under Section 100-32,based on the Building Department's September 24, 2002 Notice of Disapproval concerning a proposed dwelling with a front yard setback at less than 50 feet from the front property line at its closest point. Location of Property: 3085 Stillwater Avenue, Cutchogue; Parcel Nos. 1000-136-2-6, 7 and 8 (combined as one lot of 62,730+- sq. ft. total area). CHAIRWOMAN: I am going to ask if we could try to cut this at the most at 12:15 so the board could have 10-15 minutes to have lunch. Is someone here who would like to speak on behalf of the application? GARY OLSEN, ESQ: Good morning, Gary Olsen attorney for the applicant, Schlussel. This is a holdover hearing from the meeting of February 6th. At that meeting the board requested that the architect and Mr. McFarland try to revise some plans as to where they want to relocate the house. That's been done and submitted to the board. The original application indicated that the house would be 26.24' from Stillwater requiring a front yard variance and the new plans said you have now show the house is going to be pushed back away from Stillwater Ave. to 31.24'. The architect and engineer from Young and Young's office as well as Mr. McFarland as well they are all here today and I believe it probably would be more appropriate for them to tell you what they are doing rather than hearing from me. BOB TAST: Good morning,my name is Bob Tast and I'm an architect with Young&Young. I think you have a copy of this exhibit which is a plan and elevations of what the house could look like situated on a property within the variance request that you have on a new site plan basically 32.4'back from the street. The house you can see is a very modest 2-story house maximum height of 35'to the ridge and the house comprises approximately 1,751 sq. ft. on the 1St floor and that includes a 225 sq. ft. garage that is not in addition to the 1751, that's in addition to the 1751- , MEMBER ORLANDO: So approximately 1500 sq. ft? MR. TAST: Yes and then 1379 sq. ft. 2nd floor. The 2nd floor is a little less because of some lofted space over a family room. CHAIRWOMAN: Is that open to the 2nd floor? MR. TAST: Yes. To try to get some height and interest in the family room below it. The house is basically 30'10" wide which",is convenient for a house of this size the rooms as you see are not Page 31 of 96 Page 32 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing that large, they are rather modest and basically we tried to make something more or less in keeping with the community and a farm style home. i MEMBER ORLANDO: Flow many bedrooms? MR. TAST: 4 bedrooms,master and 3 additional. The size of the master is 12.5x17 the other bedrooms are 10x16 roughly and the front bedroom is 16x13. It's a reasonable size. MEMBER GOEHRINGER: Lydia I have to tell you, George and I don't have the most recent plan and it's not the fault of the office staff, we just wondered if you'd have another copy? CHAIRWOMAN: Just a moment. I don't have any extras in the file. Wait a second. I'll give you a copy of the BD plans because it's interesting. Any questions? MEMBER GOEHRINGER: Approximate height to the top of the ridge? MR. TAST: 30'. 1751 + 1379 sq. ft. MEMBER ORLANDO: The darkened area is identifying which? MR. TAST: The darkened area on the site plan is identifying the as a right area that could be developed without a variance. MEMBER ORLANDO: So that's the building envelope? MR. TAST: No the building envelope is beyond that because we are looking for relief on the front yard. MEMBER ORLANDO: So you're saying the darkened area is where you'd have to put the house to have no - TOM WOLPERT: Tom Wolpert from Young&Young for the applicant. The second document that this board asked us to prepare in preparation for today's hearing is this exhibit that you're looking at now and the shaded area represents the building envelope that would respect not only your wetland setbacks but also the dimensional requirements pursuant to the zoning of this property. I think what it does is it demonstrates the impracticality of building within that building envelope and thus the need for a variance from this board. CHAIRWOMAN: You have an 8' contour that goes right through the house. That goes down to 6'right at point of where you're going to put- is this house going to be elevated? MR. WOLPERT: We are proposing a 1St floor elevation of 14 and finished grade outside the building of approximately 12. 1 CHAIRWOMAN: Where is the fill going? Page 32 of 96 I Page 33 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR. WOLPERT: The fill would go all around the house. CHAIRWOMAN: 300 cubic yards of fill is going to go in the area where you are planning to put the house? :s MR. WOLPERT: Yes it will be surplus material from the excavation will be used to- CHAIRWOMAN: How much,are you going to raise the grade with the fill? MR. WOLPERT: From the existing elevation of 8-12 is approximately 4'. CHAIRWOMAN: So you're going to raise the grade 4' and then the I"floor is going to be elevation 14? MR. WOLPERT: Correct. CHAIRWOMAN: So you're going to raise the grade 4' and the house will sit 4' above the- MR. WOLPERT: 2' above. CHAIRWOMAN: Another 2' above that. So when we say 30'to the ridge, visually- MEMBER ORLANDO: Probably not since you're bringing the grade up to that. CHAIRWOMAN: I think it's going to have a visual impact the other thing is this if you're raising the grade,how are you going to deal with the runoff from the rear of the property when it goes down to 6'right below there-you are right on the edge of the wetland boundary what plans did you have to contain the runoff from the raised grade that's going to be virtually on the edge of that non-disturbance wetland area. MR. WOLPERT: From the perspective of erosion concerns or fertilizers or- CHAIRWOMAN: Here's your lot right now and just by your own topographical measurements on here. You started off at 10',near the road, down to 8, down to 6, the property goes like this, you're going to raise the grade 4'tops, that's going to be on the slope and that slope directly drains into that whole wetland buffer disturbance area. How do you plan to contain the runoff from draining into the wetland area? MR. WOLPERT: It was my belief that the 40'non-disturbance would suffice as mitigation for that runoff that you're talking about. CHAIRWOMAN: I'm not sure if the Trustees addressed the elevation of the building of the structure and the plans that I saw in fact their map was not prepared until several months after they approved it so that's a concern I have and I'd like you to address it. As far as the size of the i Page 33 of 96 i Page 34 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing structure, it's not a small house, it's a big house. Yes you've increased the variance to 31.24 I believe Mr. Goehringer had asked you and I asked you also to remove the dogtails in the front, you removed the dogtails on tl le west side, you didn't remove them on the east side. If you remove them east side that would bring you up to 34.24 because that's a 3' out from the main building:. MR. WOLPERT: 3'is the dimension you are referring to yes. CHAIRWOMAN: If you removed that 3' and you do have sufficient room in your floor plans to do;that because you have the living room in front and you have the play area or great room or whatever you want to call it in the back so it's a question of giving up 3' of space in either room which is not a significant thing what's significant here is that it's a sensitive piece of property the variance you're requesting is significant and I guess you have a right to build a house here but do you have a right to build the biggest,biggest house no. So we're trying to mitigate all that and we're trying to recognize the neighbors concerns. I would personally say to you what we had asked for before was to knock off that dogtail and to take that 3' off there which would give you a setback of 33.24. Mr. Olsen if you want to speak to your clients? MR. WOLPERT: We are trying to work with this board and I'm going to ask Bob Tast the architect to comment on what it is that you're requesting from an architectural standpoint. Let me see if I can address it. Presumably if this ever happens,my wife and I will be the ones there. We did remove all the doglegs on one side to push it back. If it's necessary to remove the dogleg on the living room I'm absolutely fine with that. The look that we are trying to achieve is what I'll call an old north fork farmhouse look which is a simpler look. Removing that 3'if the house has to drop down 3' absolutely appropriate again. I'm okay with that. This is a 1700 sq. ft maybe that knocks it down another 200 sq. ft. on the 1St floor including the garage. I drove through the neighborhood again this morning. It's an older neighborhood there are houses there which are literally 12/10' from the road. There are some properties that have a house, amain house, a garage an apartment above the garage it is very mixed. The new houses that are up and have been built around there have been three I think there are 2 additional going up. They are all in the 3 to 3500 sq. ft. range and if I could go back a second,when we stared this process about 3 years ago there were 3 lots in which there one house each designated for each of the lots, we purchased 2 we went to contract for 2. When we were up for the building permit that office said if you could go get the 3rd lot we would approve that so we went ahead and got the 3rd lot and I think we went back to DEC or DEP to get that all renewed. The intent is to build an attractive house that fits the neighborhood north fork old farmhouse and hopefully 1500 sq. ft. on the 1 St floor is not to give the the roofline was 30' at the highest point up here so there was no secret move to hide a 3r t flow oors that and removing the jog simplify the house that it's in keeping with what's in the neighborhood and what's been there. CHAIRWOMAN: Actually you're only going to be removing 69' so it's because you're the dogtails in front is 3x23 which is 69 sq. ft. so it's certainly not a couple 100. That would bring the setback to 34.24 and we may be talking about inches here,but every little cutback helps. So those are my comments, let's see if the board members. Page 34 of 96 1 t Page 35 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR. MACFARLAND: I havela company that we are involved in Historic Preservations of large types throughout the US we like to look at ourselves as people that are concerned, we are not trying to do something that doesn't work. The only thing is today of course when you have all these setbacks for conservation purposes you get to a point I think that shows you've got a u. contemporary cylindrical house. The other thing we did is when we added the 3rd lot in consideration of the neighbor across the street we attempted to push the house up on that 3'd lot as much as possible because the waterviews are to the right of this property sort of going at a 45 degree angle. We also went back and we said look that lot number 3 which is the lot furthest to the-right and half of the other lot will be forever green and the only thing that will be removed there is underbrush and saplings it can't even be used as a yard, it's permanent green space moved over to allow someone's view in terms of accommodation I'm not saying it's the end all and it can't ever be anything else but it's going a long way to try to be a good neighbor. GAIL WICKHAM, ESQ: Now that we are 20 minutes into our '/z hour I will not be more than 5 minutes because no one wants to be at this meeting with cranky people and lack of food. When we were here at the last hearing there was a lot of testimony as to why the proposed 24' setback was way out of keeping with the other nearby setbacks on nearby properties and on behalf of the Fleet's Neck Property Association including the lot owners that live immediately adjacent and opposite, they still feel that 31' is far from compatible with the neighborhood and creates the same issues that we raised at the last hearing. I jog through this neighborhood every weekend and I have noticed the houses that are going up on the small interior lots I understand why this happens they are single and separate the code does allow limited side yard setbacks and that happened. The cottages that are way far south of this property that are up close to the road are mostly bungalows that have been there since the 40's some of them probably don't even need the 850 sq. ft. setbacks that are now required and I don't think that's any justification as to what's proposed here. This is a marsh fringe and the question is can you build on marsh fringes. The only reason we are here is because the Trustees have compromised their 100'jurisdiction by allowing a 50' setback and they were only able to do that by shoving the house into what is your jurisdiction of a front yard setback and 31'is still way under what is appropriate to the neighborhood. They are still considering a house which is almost 3000 sq. ft. 4 bedrooms. They are raising as I read the map the elevation by 4V2' over the contour in the front yard area and 6 %2' over the 6' elevation out by the water. It's 4 %2'in the front, 6 1/2' in the rear. I'm personally familiar with the neighborhood. The properties are generally in the houses at grade of the road so this will have a huge visual impact just by virtue of that 41/2' increase in elevation. The question is as I said is whetheriyou can build on a marsh fringe and the map that you have in front of you with that darkened area shows after the Trustees have compromised what the actual buildable area is. It's not big enough for a house the best that you need to do here is 43'which in your file you will show as Mr.iLoGrande's setback somewhat to the north of this property. That's the best you would have to do.� You don't have to give them a house here that comes way up to the road by creating a buildable area by virtue of a variance. That's what's creating the values here. They can't come in to you and say we are going to lose money because we are going to lose this big contract because we can't build a big house. What's happening is the only reason this issue comes up is because'you are creating value by allowing any house at all here. You are creating more value by allowing and they cannot rely on that in finding a justification for a Page 35 of 96 Page 36 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing variance. It's not hardship by slaying a, they can't build in what is an un-buildable area or b, they can't build a huge house because that's what they'd like to do. I note that they did offer in the event that there is something that they are going to be presenting to you that is going to be acceptable some condition of open space on the remaining property I would like you to remember-that when we go further on this. If you have any further questions you would like to ask of me I would be glad to answer them. CHAIRWOMAN: One thing, let's go back to the building envelope. I think we are pretty much at 34.24 right now. I'm trying to see if we went to 43, the depth of the house on the east side is 30' and on the west side is 21' I don't know how we could cut 21 down any more to go to 43. _ MS. WICKHAM: They don't have to build that far north where that 50' setback comes in. The reason it's 21' is because the marsh line cuts back at the north end. If they made the house smaller not only depth but width they be dealing with 21', they'd be dealing with a lot more. In other words the house would be further from the north line. CHAIRWOMAN: Still in all let's go to the other end which is 30', correct? Now we just took off a little dog tail so we are at,34 a setback of 34.24. For depth of a house that's still pretty- MS. WICKHAM: 29.8 - is that right? CHAIRWOMAN: My survey shows 30.87 -that's still pretty skinny. Right now we've knocked it down to 27 depth and that's why in reality there's no way we could go to 43 and have a 10' wide house. We only have 34.24 right now and you cut out that 3'to have 22.59 so sure we could go to 3 5. MS. WICKHAM: Maybe you should build a cottage on a lot like this if you're going to be allowed to build. You don't have to build a big house. I don't think it's appropriate for me to negotiate with you,but that's our position and I also wanted to remind you that from what we can tell the lot to the north of this is a separate lot and anything that's approved on this property will be precedent for that as well. CHAIRWOMAN: We'll take that into consideration. Is there anyone else in the audience who would like to speak for or against the application? BARBARA DIFRANCESCO: I didn't have a chance to deliver this letter ahead of time but I will give you a copy after. My�name is Barbara DiFrancesco. I live at 3080 Stillwater Ave. Dear Ms. Tortora thank you for requesting further information on the proposed dwelling for Mr. MacFarland at the last hearing. I was happy to hear that you were concerned with the visual impact and also requested that ithe house be downsized in order for it to be a more appropriate fit for the property. I reviewed the submitted plans and I am not convinced that this represents anything that can be called a compromise. It certainly hasn't changed my opposition to this request for variance. I live in and own the house directly across the street from where this house is to be constructed. I am wondering if my next step is to apply for a front yard variance so I can construct a 30'trellis fence in order to protect my privacy and quality of life once this huge home Page 36 of 96 Page 37 March 20, 2003 Southold To�n Board of Appeals Regular Meeting Public Hearing is looming over the street creating a feeling of claustrophobia. It will seem as if he has built his _ home in my front yard. Mr. MacFarland stated he wanted to build a little cottage something sensitive, genteel, small at the last ZBA hearing a 2 story center hall colonial is not a cottage. A cottage as.defined by Webster's dictionary is a small house consisting of 1 story. I guess Mr. MacFarland's idea of a cottage is the type built in Newport, RI at the turn of the 20th century. =c =� Compared to that his proposal is indeed, small, genteel, and sensitive. The house as depicted on the submitted floor plans as 3130 sq. ft. This exceeds the average size of new construction in America by 25%. The 63' length of the house does not account for the 18' deck which makes the visual bulk 81' long which will be setback only 31'. Furthermore, the 31' is not inclusive of the entrance which appears to be grand according to the plans. That means once you include the t steps,walkways, landscaping, etc., it will pretty much be right up to the road. That is why I will feel as if it is in my front yard. This does not fit in with the character of the neighborhood. If it would not be too much of an inconvenience, a visit to the site would reveal to the ZBA just how ludicrous the request is. In fact is abusing the good spirit of the ZBA. I'm affronted by this abuse. The Town of Southold already granted relief with a wetland permit. The permit was granted despite the fact that the plans did not conform to the stipulations set forth by the board of Trustees which are clearly stated in the minutes of the April 24, 2003 pubic hearing. How that happened is still a mystery. As far as the argument that Mr. Olsen keeps presenting "to not grant this front yard variance would in effect result in the condemning of this property without proper compensation to the property owner and is the equivalent of the taking" is simply not true and not a valid argument. That property in today's market would be selling for at least$500K even with a narrow building envelope. A clever architect can come up with a great plan. It has been done before, there are a number of good books available that show how this can be accomplished. Mr. MacFarland is paying$21 OK for almost 1 % acres of creekfront property. That's a real bargain. The property can easily be sold to someone else who would be than happy to build a special type of home that property requires. The right buyer would be delighted. If Mr. MacFarland is not satisfied with the type of dwelling that property warrants, perhaps he should consider buying another parcel. The Schlussels knew the property had building constraints when they purchased it. Is it fair to ask the community to,pay for the consequences for their investment choice? Is it fair for Mr. Olsen to ask the Zoning Board to grant relief using the same reasoning they did over 20 years ago from Mr. LoGrande? Many laws, codes and things in general have changed in the last 20 years and for valid reasons. Mr. Olsen seems to be under the impression that "the reason we have a zoning board is to give people like the Schlussel family relief from the current codes on these pre-existing properties because we can't meet current codes" is this the reason we have the zoning board? What about the people who live in the community? Wasn't the zoning board in power to protect them as well? Once again, I want to state that I am not opposed to a home being built on that property as long as it is within the guidelines that have been set forth by the Town of Southold. I am counting on the ZBA to uphold the law and not grant this unreasonable request that will negatively impact the lives of the people who live in the neighborhood. Please don't let our community down. CHAIRWOMAN: Can you give it to the board secretary? Thank you very much. Is there anyone else and I'm going to ask to please keep it brief Page 37 of 96 a' Page 38 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing CARL VAIL: I'll make this very brief. My name is Carl Vail, my points are simple. The new plans show no real compromise, only 5'the building envelope shows why this should not be approved, the lot is substandard. The community is solidly against this. MS. WICKHAM: I'd like to make one suggestion based on your comment. Just looking at the its_ numbers, if you start at the southeast corner of the house which is on the waterside on the south side you could within the building envelope and coming up to a 35' setback I believe put a 25x40'house, 40 on the road side 25 deep that would be 1000 sq. ft. 2 stories. That's not a bad size house. 37' setback which is in keeping with the neighborhood. That's all. s z CHAIRWOMAN: A couple of things here. I would appreciate if we could address the drainage problems with the increased elevation in the back whether that's drywells, gutters, drains. That is a concern because of the raised elevation in the back. If we could address that it would help us a great deal. I do appreciate you did give us the building envelope plan because it really gives us a clear idea of what's there and what we have to work with. MR. OLSEN: I've just been advised by Mr. MacFarlane that he would agree to a 35' setback, not a 31, so that's better. It also conforms with the variance that this board has also granted to Mr. LoGrande which I also indicated in my last presentation. Mr. LoGrande ended up not needing the variance apparently, but it was granted by the board. And also that was the old setback for this area, so he's agreed to a 35' setback. MEMBER GOEHRINGER: Mr. Olsen what is the intent of the rest of the lot? There was some question here. Was there any intent to build anything else on the lot? MR. OLSEN: Whatever he did,he'd obviously have to get permission from all the appropriate governmental agencies. He's probably had enough but- CHAIRWOMAN: I thought he planned on keeping it open. MR. OLSEN: Let me just ask. MR. MACFARLANE: There are 3 lots. Approximately 1 1/2 or %2 of those 3 lots- MR. OLSEN: Are you planning on building anything else? I MR. MACFARLANE: No, nothing else. We had filed with DEC or DEP whatever it is and it showed those 1 1/2 acres to be retained as a green land with small saplings and underbrush removed but forever green, no building. CHAIRWOMAN: Are there lots merged now? MR. OLSEN: No. Part of this application with the ZBA we made it clear that whatever you did would have to be conditioned on a merger. I Page 38 of 96 r 1 Yr' Page 39 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MEMBER GOEHRINGER: So you don't have any problems with coveting that fact that the remaining areas would remain open. MEMBER O- LIVA: Not grass landscaping,but natural plantings. MR. MACFARLANE: The other thing as far as runoff, we'll put a drywell in, we'll put as many drywells in as necessary. CHAIRWOMAN: Come up with a plan for that, give us a bullet on the C&R's that would go with it particularly in view of the merger and a very good plan on the drainage on that-I don't know if it's going to be a combination of French drains and drywells or what. I'm not an engineer,you have engineers. In the meantime, let's see when we can conclude the hearing. What is our schedule? MR. OLSEN: I like that April date. I'm getting old. This has been going on 3 years, I'm going to have to turn it over to David. CHAIRWOMAN: May 1St is the quickest we could get you in. May 1St- MR. MACFARLANE: We'll come back with a competent system on the water. Probably a combination of things. French'drains are helpful. CHAIRWOMAN: 6:50 pm on May 1 st MEMBER GOEHRINGER: There was a suggestion from Mr. MacFarlane that he would lower the elevation of the house. Is that correct? You'll address that issue also? MR. MACFARLANE: We're going to address that issue, take the dogleg off, take the jog out, I'm born in MA so if you don't mind it'll be more of a salt box kind of house, we'll get the house a bit smaller and try to accommodate. CHAIRWOMAN: Come up with an alternate plan,try to for the sake of the community and for our sake get the plan to us well in advance of the public hearing so they have a chance to review and we don't have to carry this on to another hearing. MR. MACFARLANE: We'll come back with the plans, the adjustments as long as I could beg 2 seconds as long as it doesn't lead to a 10'hop where sometimes people can drive to that so it makes it unusable. CHAIRWOMAN: I'll make a motion adjourning this hearing until May 0 6:50 pm. t Page 39 of 96 i; Page 2 February 6,2003 Southold Town Board of Appeals Special Meeting Public Hearing MEMBE �L�IVA: I looked at the landscaping plan. It looks very nice it you want to dig up those fragh you lots of luck,but other than that, I think it looks much better. MEMBER ORLANDO: No 1 stions everyone's in agreement, that's fine by me. CHAIRWOMAN: Seeing no hands, I'll m a motion closing the hearing reserving decision until later. PLEASE SEE MINUTES FOR RESOLUTION 6:45 p.m. Appl. No. 5259 -Estate of MURRAY SCHLUSSEL CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? The attorney has requested that this be adjourned to March 6 at 6:30pm so I'll make a motion to adjourn the hearing to March 6th at 6:30pm. 6:50 p.m. Appl. No. 5260—SPIROS PAPADOUPOULOS CHS OMAN: Is someone here who would like to speak on behalf of the application? MR. PAPAD OULOS: Someone was supposed to visit the site and I'm here if you have any comments. MEMBER OLIVA: I did. is very difficult from your survey to see exactly how far you are from Inlet Drive. It looks on u are just about on the street. MR. PAPADOPOULOS: It's about 2 ' om either side Inlet or Manhassett Ave. MEMBER OLIVA: How much room do you ave in the back by the swimming pool, you have a grassy area? MR. PAPADOPOULOS: The cesspools are there. Ther ' one cesspool on one side and there's a cesspool on the other side. MEMBER OLIVA: The only other spot that I could see it could be ess obtrusive would be where you have the trees and the little wishing well, to move it back t re. I MR. PAPADOPOULOS: What is the difference? i / MEMBER OLIVA: Because the ZBA has never granted a gazebo in a front y d before and it does set a precedent for us even if you move it back where the wishing well is, i 's still really in �/` the front yard because you have 2 front yards but at least you can't see it quite as much. �\ Page 2 of 12 COUNTY OF SUFFOLK STATE OF NEW YORK ss: Lise Marinace being duly sworn, says that she is the Legal Advertising Coordinator, of the Traveler Watchman, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler Watchmgn once each week for....../......week successively, commencing qn the do............day of ....... .......`./%.. �.. ....12003. r ' flTHt! I? 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ET i S-i`� 7- Emily Hamill 3 �i fl ': p ( � � OS1'1 NOTARY PUBLIC State of New York P, -10 vv- Ya;ji �dztr;°e No.O1HA5059984 " UMbaC Afii"ue Qualified in Suffolk County ;lYj rC1► Qi O03 }, eS" z Commission expires May 06,2006 Eli � }ira i �dii sa3t��r s;' .�r�}�yi�Yrymit14 oi � '�• `+.a LGT3Rr �' LiRI'7AY�5.sY1�' � H'�`^`;'y�� 5Q,-1,ua, is '='< "' iiiaresi�E� -. . ��cl��'.`L''��r•;�' l �Si��-'�t' r,13 �3,ts, & lr t� < :' �li4 r c i ld ,,regu MAR .all al s a ft R 0 � I `;dpi aye,quv§gip-=- `. Zkle(,:2,-gyp. h �"•`.- _ C�rF iv''_-, 1YW 1 - � '=5 NOW i LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 20, 2003 PUBLIC HEARINGS 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 hearings have been adjourned from the February 20, 2003 meeting, and 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 times noted below (or as soon thereafter as possible): 10:00 a.m. LINDA S. SANFORD - #5217. This is an application based on the Building Department's August , 20, 2002 Notice of Disapproval, amended January 22, 2003, in a proposal to demolish the existing dwelling and construct a new dwelling: (1) at less than 75 feet from the rear lot line and bulkhead. Also requested is a new swimming pool structure at less than 75 feet from the bulkhead, and Variances under Section 100- 235A(1) and Town Law Section 280-A, for a determination regarding improvements over an existing private right-of-way for sufficient access by fire and emergency vehicles. The right-of-way extends over privately owned lands now or formerly of Kaytis, and land of McDonald, from a point starting along the east side of Paradise Point Road, Southold, to the applicant's lot, referred to as 780 Private Road 17, Southold, Parcel #81-3-27.1. 11:15 a.m. ESTATE OF MURRAY SCHLUSSEL -#5259. This is a request for a Variance under Section 100- 32, based on the Building Department's September 24, 2002 Notice of Disapproval concerning a proposed dwelling with a front yard setback at less than 50 feet from the front property line at its closest point. Location of Property: 3085 Stillwater Avenue, Cutchogue; Parcel Nos. 1000-136-2-6, 7 and 8 (combined as one lot of 62,730+- sq. ft. total area). 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: March 7, 2003. Lydia A. Tortora, Chairwoman Board of Appeals r 2ANSMISSION VERIFICATION REPORT TIME : 03/07/2003 10:04 DATE DIME 03/07 10:03 FAX NO. /NAME 7347712 DURATION 00:00:56 PAGE(S) 02 RESULT OK MODE STANDARD ECM 4 Page 40 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing submitted by Paul J. Ford I believe was the engineering company found that it was in accordance of the requirements of EIATIA standards. MEMBER GOEHRINGER: What is the pole rated for? MR. MCDONALD: 85 mph wind velocity and with the /" ice brings you down to about 78 mph. i MEMBER GOEHRINGER: What would happen if the pole faltered? MR. MCDONALD: There's been no known failure of a pole where it falls over. If there was a situation where a pole was erected that didn't comply with those standards perhaps you may have a situation where a pole would bend because essentially what happens when a tower starts to bend it's aerodynamics change and the effect of the wind on a bent structure would be less than a vertical structure and we may not have a situation where it would fall or collapse. MEMBER GOEHRINGER: So what we saw on September 11th with the WTC where it actually tear dropped down if you had a significant bend or if you had a significant ice storm with the ice on these antennas at the very worst, the top of the pole would bend down and could actually bend down and meet a portion of the pole. MR. MCDONALD: The dynamics of the WTC were much different because the strength of the steel was effected by the heat mainly by the fires so here you're not going to experience these conditions where the steel is weakened. MEMBER GOEHRINGER: But that's why they built it that way so it didn't take out city blocks as opposed to this situation where it i"s very simply just going to bend. Is there a maximum load that an antenna of this nature can take in reference- MR. MCDONALD: The actual antenna itself? MEMBER GOEHRINGER: Is this monopole at max now? MR. MCDONALD: No it's not. There's still reserve capacity. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? Seeing no hands, I'll make a motion closing the hearing reserving decision until later. PLEASE SEE MINUTES FOR RESOLUTION 11:45 am APPI. 5259- ESTATE OF MURRAY SCHLUSSEL. This is a request for a variance under section 32,based on the Building Department's September 24 2002 Notice of Disapproval concerning a proposed dwelling with a front yard setback at less than 50' from the Page 40 of 128 Page 41 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing front property line at it's closest point. Location of property 3085 Stillwater Ave., Cutchogue 136-2-6,7&8 (combined as one lot 62,730 sq. ft. total area) CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? GARY OLSEN, ESQ: Good morning,my name is Gary Olsen. I'm an attorney having my offices in Cutchogue and I represent the applicant. Let me commence this first I'd like to thank the board for having the meeting in the morning and I know you're trying to clear the calendar out so that's great. CHAIRWOMAN: It helps keep us awake too. MR. OLSEN: Let me commence by making it clear that approval of this application we understand would be conditioned on the applicant merging 3 tax parcels into 1 parcel. The tax lots in question are district 1000-136-2-6,7&8. Currently the lots are in 3 separate ownerships in the Schlussel family and 3 separate tax bills are being issued 1 for each parcel. The property that is the subject to this application are lots 80, 81, 82, 83 &part of lot 84. Map of section 2 property of MS Ham. The total area of the 3 combined lots is 1.14401 acres or 62,730 sq. ft. and has frontage on Stillwater Ave. 270'. Tax lot 7 & 8 are presently under contract for$170K and tax lot#6 is under contract for$40K. Rudoph Bruer in Southold is the attorney representing the buyer. The applicants have obtained approval from the SC Dept. of Health Services, the NYS Dept. of Environmental Conservation and the Southold Town Trustees. I do have copies of the approvals and I'd like to hand them into you today. The final approval from the Trustees was conditioned that there be a 40' non-disturbance buffer, gutters, and dry wells as depicted on the Young&Young survey dated January 30, 2002 and revised June 27, 2002. The location of the proposed house was necessitated by the requirements of the Trustee approval requiring that the house be setback away from the wetlands area thus forcing it closer to Stillwater Ave. This is an area variance to locate the house 26.24' from Stillwater Ave. rather than 50' as required by the current Southold code. The benefit to the applicant if this variance is granted is obvious. The applicants contract of sale to Mr. MacFarlane who happens to be present today is conditioned on obtaining the necessary approvals from all applicable governmental agencies having jurisdiction over this property. As stated before approvals have been obtained from the SC Health Dept. the NYS DEC and the Trustees. The last governmental agency is the ZBA. Failure to grant this application would render the property which is currently under contract for a total of$210K value for the construction of a single family residence. It is respectfully submitted that the granting of the variance would not adversely effect the health, safety, or general welfare of the neighborhood or the community. It is respectfully submitted that there will be no undesirable change by granting the variance to the character of the neighborhood or to nearby properties. Most of the properties on Stillwater Avenue are presently approved and I have check the records with the Southold Town Trustees as to which parcels are improved and which parcels are still vacant and I have made a list of same. I've also made a copy of the SC Tax Map and have colored in yellow the presently improved parcels on Stillwater and the subject property is highlighted in pink. The purpose of preparing this list and highlighting the tax map is to demonstrate the current character of the neighborhood which is largely currently improved with one-family dwellings and accordingly the granting of the variance would not change the i Page 41 of 128 i Page 42 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing character of the neighborhood and I'd like to pass out what I just referenced. I also wish to point out that the ZBA under appeal#2854 granted a front yard variance�to Michael A. LoGrande effecting tax parcel 136-2-4. Mr. LoGrande's parcel was also located on Eugene's Creek and is currently improved with a single family dwelling 1-lot north of the subject property. Mr. LoGrande's approval was for a reduced front yard setback from the required 50'to 35'. As this board was aware, since the 1981 approval of the LoGrande application the Trustees jurisdiction has increased from 75' from the wetlands to 100'. I respectfully request that this board use the same reasoning to this application that it used in the LoGrande application. The proposed house would be located approximately 150' from the southeasterly property line which borders tax parcel# 136-2-9. That parcel is a narrow piece which is vacant and is used only for dock purposes. Property to the northwest is also vacant and is designated as 136-2-5 and the tax bill is being assessed to Michele B. Bonjourno and others care of the Lorraine LoGrande. It would be my assumption that said parcel is being held separate from the parcel which was the subject of the LoGrande variance application here before and referred to in order to prevent a waiver of merger of both LoGrande parcels. In light of the restrictions imposed by the DEC, the Health Dept. and the Trustees the benefits sought by the applicant cannot be achieved by any other method other than making application to the ZBA for a front yard variance. It is respectfully submitted that the variance is not substantial and there will be no substantial detriment to the adjoining properties and the applicants difficulty cannot obviated by a method feasible to the applicant other than a variance. The granting of this variance would result by permitting the construction of only one residence on all 3 tax parcels and accordingly there would be no adverse effect on available governmental facilities and just as a side I should mention that when this process started I don't know how long it's been but it seems like 2 or 3 years ago applications were made for tax lots 7 & 8 and not including tax lot 6 and approvals were granted by the DEC and the Health Dept. for lot 7 & 8 and at the request of the Trustees, they asked us if we would consider including tax parcel lot#6 as well and both Mr. McFarland agreed that we would revise the applications and include all 3 tax parcels also I believe there are old approvals from the Dept of Environmental Conservation approving each tax parcel as a valid building lot. So basically what's happened is we have agreed that we will not try to get 2 houses or 3 houses what we want to do is we have agreed that all 3 lots will be merged into one. There will be one house on all 3 tax parcels. The variance will not have an adverse effect on the physical or environmental conditions of the neighborhood. All of the environmental issues on building on this creekfront property have been addressed by the Health Dept., the DEC and the Trustees and all have approved this project with proposed house location. It is respectfully submitted that the difficulty was not self created by the applicants, but was created by the imposition of conditions of other governmental agencies to make sure that the wetlands are not adversely effected. As this board is aware under Section 267B 3-C of the Town Code provides for balancing concept whereby the zoning board shall grant the minimum variance that it shall deem 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. To not grant this front yard variance would in effect essentially result in the condemning of this property without proper compensation to the property owner and is the equivalent of a taking. The environmental concerns have already been addressed by all the other agencies that I've discussed and we have approval. The fact that we are asking to push the house further away from the wetlands and a little closer to the street is necessary to ensure that there is no disturbance to the wetland areas. Also I should mention that Page 42 of 128 Page 43 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing this property has been on the market for a while before it went under contract for Mr. MacFarlane. And I know people across the street and basically people across the street and maybe some other people on the block don't like the idea that a house is going up because it will either block their view or they are concerned about the wetlands. They are suggesting that the town take this-over. Well the town hasn't bought this property and this is privately owned property and it's valuable property because it's creekfront and if the people are opposing this are concerned about it the answer is obvious. They could have purchased it. I received several letters from your office that you have received from neighbors and it seems to me that the gist of letters is that this should be protected because it's on wetlands. I actually have an aerial photograph here every other lot as you can see is improved with a house. This is an old built up area. Most of the houses on Stillwater are located in a position today that when they were built, you basically could do what you wanted but you couldn't do it today. I don't think by granting the front yard variance it's going to any way change the character of the neighborhood. CHAIRWOMAN: Are you submitting the aerial photo? MR. OLSEN: Actually Mr. Wolpert of Young&Young came in with an aerial photo and I think he would probably like to address some issues to the board as well. One of the letters that came through was someone who checked out Mr. MacFarlane on the internet and was referencing what kind of company he's running and so on and there's also a reference that the seller here is a developer. The seller is not a developer. The seller is a private individual such as you would be that's trying to sell a piece of property and here we are now. We are here because the other agencies are requiring 40'buffers and so on forcing the house forward. I didn't know that before a person could buy in Southold that their qualifications or their personal business had to be checked out on the internet. It just doesn't seem right to me but that's anyway, that's what happened. And the concerns in the letter are basically environmental people like things to be way they have always been but people don't want to pay for it. The environmental concerns that are raised in the correspondence have all been addressed. There's no impact to this creek by this house going onto this property provided we get our variance. We have to get closer to the road than what the town code currently requires but that's why we have a ZBA. I believe also there was some correspondence regarding the size of the house. Mr. MacFarlane is here as well as his engineer but the house that he's going to be building is the house that he agreed, the size that he agreed with the Trustees was 1460 sq. ft. for the house and a 2 car garage. That's the footprint. CHAIRWOMAN: I don't have plans for a 1460 sq. ft. house. The plans I have the existing footprint is in the neighborhood of 2000 sq. ft. If there's a mistake an error of submissions, I'd like to know it. MR. OLSEN: Including the garage it's 1860. This is how it was submitted to the Trustees. By today's standards, the footprint for a 1460 sq. ft. house is not a big house. CHAIRWOMAN: Let's get the record clear. The plans drawn by Young &Young survey prepared November 7th, 2002 last amended November 19, 2002 indicate a building with a total width of 37total length of 66'including a garage it is a detached garage. There are some little L-shaped cutouts in there. What are the measurements? Page 43 of 128 Page 44 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing I MR. OLSEN: 1860 sq. ft. including the garage. CHAIRWOMAN: And we have a full 2nd story on top of that, correct? MR. OLSEN: That's right. CHAIRWOMAN: Could I speak to the architect? Some basic questions about the floor plans. THOMAS WOLPERT: Thomas Wolpert with Young&Young. I'm an engineer, not an architect. My partner Bob Task drew this plan. He is an architect and unfortunately he's not present but I will try and answer your question. CHAIRWOMAN: So we have an 1860 on the I"floor and 1860 on the 2nd floor? Because you are showing a master bedroom over the 2-car garage. MR. WOLPERT: I would say that would be correct. CHAIRWOMAN: What is the height? You have a mean height between the ridge and the eaves from natural grade of 35'. MR. WOLPERT: That's the note that is indicated on the bottom of this plan, yes. CHAIRWOMAN: Is this a 2 or 2 '/2 story house? MR. WOLPERT: I'm not sure, I think it's a 2-story. CHAIRWOMAN: I would like to see site elevations on this and also like to know the exact height to the ridge and if there's any fill proposed to change the natural grade at that level. I think you can handle that. MR. OLSEN: Yes we can produce that drawing. CHAIRWOMAN: I don't have any further questions at this point. Mr. Olsen. MR. OLSEN: For your sake fortunately I'm finished. MEMBER GOEHRINGER: Mr. Olsen I have about 4 different plans of the survey but we're working off of the January 30th, 2002 plan. CHAIRWOMAN: No Jerry, August 13`h, 2002. MEMBER GOEHRINGER: We're not referring to house plans,we are referring to survey. a MR. OLSEN: August 13th is the one approved by the DEC. Page 44 of 128 i i Page 45 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: That shows the 40'buffer zone and a front yard setback of 26'. MR. OLSEN: That's right and we had to go back to the DEC because originally we got approval for just tax lot 7-& 8 and when we agreed to include tax lot 6 we had to go back again to get their approval. That survey is dated August 13th and was approved on November 25th by the DEC. CHAIRWOMAN: Do all the board members have floor plans? Because I have extra copies. MR. OLSEN: As far as the height and so on obviously we have to comply with the Southold Town Code Building Standards. The basic issue is we need the front yard variance because the Trustees wanted us back away from the creek. CHAIRWOMAN: All of these things will be taken into consideration when we are granting a variance. The request for variance is quite substantial by code as you are aware of. Whatever the reasons are it is still substantial. One of the things we do take into consideration is the height and the appearance and the width of it. The visual impact to the community, that's not unusual that's why I asked, and that's why it's important for me to know. MR. OLSEN: We will get you the information. MEMBER GOEHRINGER: Before Mr. Olsen leaves, we are talking about the survey that shows 26' 26.24', correct? MR. OLSEN: Correct. CHAIRWOMAN: Okay is there anything else Mr. Olsen? MR. OLSEN: Not from me I think Mr. MacFarlane would like to say something, is that alright? CHAIRWOMAN: Certainly. ROBERT MACFARLANE: My name is Robert MacFarlane just a little earlier today I was able to read some things that were in letters that I wasn't aware of perhaps I can set the record straight just briefly. I am the CEO for a company called Homes for America Holdings, we create, build, renew, among other things historic structures throughout the US in an environmentally historically sensitive matter. Generally these are large sites urban revitalization we are doing one in Hartford now which is almost a million sq. ft. and is being rebuilt in accordance with national park standards. The reason I mention this is because we are sensitive. Sensitive to neighbors, neighborhood groups and sensitive to the local laws that govern that piece of property. I also sit on a committee at Pace University. That committee at Pace University being one of the largest universities in the US specializing in environmental law. Part of that committee is to look at environmental laws, how can we make them more sensitive and at,the same time how can we respond to the needs of today. These are things that people read on our website - I cleared the website up. It's who we are, sensitive. One of the items that wasn't brought up today is we E i Page 45 of 128 I Page 46 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing I started 3 years ago and again at that time there were 3 lots, 3 previously approved houses on 3 lots. We combined 2 and we were fine we got past all the environmental issues. The Trustees asked could you do 3, fine we went back,we were able to put 3 together but in the process of moving the house, moving the house in accordance with whatever the governing bodies required, we also we sensitive that a neighbor or neighbors wanted to keep the property exactly the way s. the property was before. If you look and it isn't on one of the documents that you have, you'll see that 1 '/2 of the lots are remaining in green space. What we agreed on is we would just remove underbrush and saplings so in trying to keep sensitive to a neighbor we said okay a lot and a half will be retained in green space. We weren't able to and at the same time have this request we weren't able to say gee let's have a private and personal condemnation of the Schlussel property where they paid taxes for 27 years,but we tried to with sensitivity,with acknowledgement of who neighbors are we are trying to balance the entire structure and again if you look there is a property building line which should be on one of those plans. That property building line and part of the permit process says and I don't know if it's lot 7 & 8 or'/Z of lot 7 and all of lot 8 or if it's all of 6 and %2 of 7,but there's a lot and a half which is retained as green space. CHAIRWOMAN: Thank you very much Mr. MacFarlane. What I'd like to do if the board agrees is hear all the comments and we can come back for questioning. Is that alright? MR. MACFARLANE: Chairperson can I just mention one other thing? In terms of the house if the board needed a sketch of what the house looks like- CHAIRWOMAN: Elevations. MR. MACFARLANE: Absolutely because the house would be a little cottage. I'm sensitive to it it's who I am it's who my company is and we are sensitive. We are not talking some glass structure there. We are talking something sensitive, genteel, small. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? ABIGAIL WICKHAM, ESQ: Excuse me, my name is Abigail Wickham of Mattituck. While others are speaking, may I look at the 2 submissions Mr. Olsen gave you? CHAIRWOMAN: Certainly. BARBARA DIFRANCESCO: Good morning,my name is Barbara DeFrancesco. I'm an adjacent property owner. I live directly across the street of the property that is involved. I delivered this letter to your office yesterday and I would like to read it for the benefit of everyone sitting in this room. I would like to make it known to the ZBA that I am vehemently opposed to the request for variance for the following reasons. One, the request is not "reasonable". It is excessive. A, Mr. Olsen states in his application "the house is a reasonable size". A reasonable size in Fleets Neck community is less than 2500 sq. ft. which is on the high end of the average size of a new home being built in Southold or across America today. The application shows Page 46 of 128 i Page 47 January 16, 2003 4 Southold Town Board of Appeals Regular Meeting Public Hearing floor plans for-a home almost twice that size in bulk. B, Mr. Olsen states in his application "it is only 24'beyond the required distance the LoGrande dwelling is closer than 50"'. The LoGrande home according to the survey in your file indicates a 73' from the property line. That represents a T variance. Mr. Olsen is asking for more than 3 times that amount, 24'which is the amount being requested is,the depth of a ranch home common to the area. This amount not only represents relief of the existing law of almost 50%. It represents alvariance of a whole house. This is not reasonable, it's excessive. C, the applicant has already been granted relief for his wetland permit,now before you there is another request asking some more relief. An inquiry has been sent to the Board of Trustees regarding the size of the dwelling because it is not consistent with the size that was voted on by the Trustees at the public hearing on April 24, 2002. The size of that dwelling was clearly stipulated and recorded in the minutes of that meeting. Mr. MacFarlane who is the potential buyer of this property and for whom these plans have been drawn up is the CEO of a company called Homes for America Holdings, Inc. On their webpage the company is described as "a high-growth financial investment company generating immediate profit and reliable continuous cash flow in specialized real estate transactions focusing on the acquisition of undeveloped properties with prime potential using minimum equity investment on that same page Robert MacFarlane describes himself and his partner as "entrepreneurs with over a billion dollars of real estate transactions in their combined resumes". He is well versed on the leeway that can be granted through zoning boards and aware of the procedures involved to gain such approval. He does this for a living across the US. Four years ago when I purchased my home I made a decision based on several different parameters. One of those was the feel of the neighborhood. This application is wholly inconsistent with the feel of the community. It grossly exceeds legal parameters. I have also evaluated the impact these lots would have on my property when and if they were ever developed. I felt comfortable with the zoning laws the town of Southold had in effect and felt that I could trust that the feel of the neighborhood would not be adversely effected if the property were to be developed within the guidelines of the existing law. I am not asking you to deny anyone the right to develop that property or to build a home provided they stay within the legal limits and follow the law,but to grant relief to a landowner in order to maximize his investment is unfair to all the taxpayers in the Town of Southold. There is a moment of time in any design process when a conscience decision is made. The person can do one of 2 things, either operate within the law or out of sheer arrogance take the law into their own hands and work outside of it because they know they can. I am asking the ZBA to take a firm stand and enforce the existing law and not grant relief for this unreasonable request. Thank you. CHAIRWOMAN: Thank you. Is there anyone else in the audience who would like to speak for or against the application? CARL VAIL: My name is Carl Vail, I'm an adjacent property owner to the west. CHAIRWOMAN: So you're in-between the LoGrande property- MR. VAIL: I'm 3230 Stillwater so I'm directly across from the property. I'm on the other side of the street. I only have 4 copies of this letter but I'll give it to you and read it as well. Dear Ms. Tortora and board members we request that you deny the application to build with insufficient Page 47 of 128 Page 48 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing setbacks for the following reasons, one as an adjacent property owner the value of our property would be reduced by granting a 26' setback. The plans which the applicant has submitted are for a large 2-story home which would loom over the street. In a neighborhood of more modest homes most with setbacks of 50-100'if the applicant applied to build a home more in keeping with the community his setback would not be required. Two,the permit from the Trustees fails -y to note that it required a house no bigger than 40x50' or less be built. This stipulation was part of the motion the Trustees voted on. It is a requirement which theseplans do not meet. I believe 37x66 doesn't equal 40x50 but anyway- CHAIRWOMAN: Mr. Vale,that's one of the things we are trying to get because there are so many juts in that footprint we do want confirmation on the survey. MR. VAIL: Trustee Foster to quote "I'll make a motion to approve the application with a non- disturbance buffer increased to 40' and the new plan to be submitted showing a slightly smaller dwelling 40x50 or less and non turf on the water side of the house. This motion was carried and the applicant is limited by it. Finally, I'm forced to bring up an unpleasant subject and I want to apologize for bringing this up but it is an issue to me. Linda Kowalski through her businesses Document Permits Consulting and Permits and Grafting has been actively applying for variances on this property for the applicant to the SC Board of Health and also the Southold Town Trustees. Can we expect a fair hearing on this matter from this board when the secretary is working for the applicant. Please see enclosed copies of correspondence which verify this. Respectfully Carl and Liz Vale. Thank you. CHAIRWOMAN: We will take note of what you said if you feel there is something improper, you need to bring that to the attention of the ethics board. In all fairness Ms. Kowalski is not here present to make a comment in defense of herself so I'm not going to comment on it. MR. VAIL: I've included copies of correspondence from her. You guys have to be the judge of it. MEMBER GOEHRINGER: I think you just have to Mr. Vale of course I know you quite a while, I feel you need to be aware that of course we are aware that she has this business but she's a non-voting member of this board. She does not vote. I understand your situation and I understand what you said,but she has no impact on this board in any way. In my opinion I have worked with her for 20 years or there about. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? PETER BELL: My name is Peter Bell I have delivered one of these to each of you along with that is a letter that I've sent you also, I'm not going to repeat the letter. I gave one to each of you. Did you get the letter? CHAIRWOMAN: No, you don't have to repeat the letter. Page 48 of 128 Page 49 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR. BELL: I own 7 lots on Stillwater Ave. I have houses already in front of me. I have no objections to the houses in front of me. What I do object to is a house being built on property that is not possible to be sustained because of the nature of the wetland. I'm talking about east creek because east creek is part of an estuary that goes into Peconic Bay. My concerns are strictly almost always environmental. I don't oppose a house beingibuilt there but it should be built within the confine and character of the neighborhood. This morning I went down Stillwater Ave. there are 10 houses each one has a 50'variance that's on my side of the street. CHAIRWOMAN: Each one has a what? MR. BELL: A 50' setback from the house. On the side of the street that this gentleman wants to build a house there are 15 houses with at least 100' or more setback and there are 5 with 50' setback. This proposed house is going to sit out like a sore thumb.; It's higher than most of,the houses in the neighborhood and you know you live in the neighborhood you expect the neighborhood to stay reasonably close to the values and standards of the neighborhood that's there and I don't think we are out of order or so far out so far radical when you can see wetlands building moratorium approved. So what we are saying is that this particular East Creek is already polluted with some kind of a toxic metal because you can't even take shellfish out of that. What it needs is nourishment. It doesn't need more development. So we're saying that we want you to particularly take into to consideration the character of the neighborhood,the sensitive part of the area that the gentleman wants to build in and if you would take a look you know go down Stillwater Avenue and look you would see what we are talking about. Thank you. CHAIRWOMAN: Yes sir. TIM WACKER: My name is Tim Wacker. I'm at 595 Track Ave. I'd like to beg your pardon for the way I'm dressed I'm in the middle of my workday. There were a couple of comments made first by Mr. Olsen then by Mr. MacFarlane that I'd like to address. Mr. Olsen said that denying the variance would render the property un-developable. I think that's probably wrong. I think 1 or 2 of the board members and certainly the entire Board of Trustees have viewed this parcel and you can see the lot is clearly developable without this particular variance, you just build a smaller house. To put things in perspective I might be wrong,but not by much. This bench is about 26' long and that's the distance from the house to the road and then you have to put asphalt and car accommodations in there. Several times the point was made about no enviromnental impact. There will be environmental impact just by nature. There's going to be landscaping surrounding the house this size and landscaping by it's'nature hardens shore line. Woods are much more permeable than lawn etc. The PEP has recommended that the town take steps to avoid hardening the shore lines and they refer to bulkheading specifically but this is clearly a hardening the shoreline I digress. There was another point that Mr. MacFarlane made that they are going to be doing this tastefully and I suspect that Mr. MacFarlane would not be here and would not be making the money he's making if he's not doing a good job on the houses but I live in a cottage. My footprint is under 800 sq. ft. that's 2/3'd's of what he's proposing here. A house with 1400' footprint on this parcel is not a cottage by definition. It's a good sized house. It is not going to be in keeping with the character of the neighborhood just a trip there will determine that. And lastly, I see that Mr. LoGrande is here,he's a neighbor of mine, I've known f Page 49 of 128 Page 50 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing him awhile I have a concern that if this variance is granted will Mr. LoGrande then have an opportunity to seek similar relief from this board and thus increasing the problem,not complicating it, it just makes it worse. Would you be setting a bad president for this immediate area and one other point of view if you would please Mr. MacFarlane had said that there's a lot and a half that will be-only underbrush and sapling clearance. When the house is built and it's sold what is to stop a continuation of more clearance you know you'push your lawnmower 6" further every time you mow your lawn and before you know it you've got a lot and not a lot and a%i there's no way to prevent that from happening. It happens, it's happening all around the town you speak with the Trustees that's one of the problems. People get in, the house is built, the permits are approved and then the real landscaping starts and landscaping as attractive as it is does have an adverse environmental impact when you are talking about pesticides, fertilizers in such close proximity to the creek so I think that this application needs -there are several concerns in this application to be addressed. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? We do need to wrap this up. ROBERT METALIA: I'll be very brief. My name is Robert Metalia. I live a 2900 Stillwater Ave. That's across the street and a little bit north of the property in question. I'd just like to add my 2 cents so to speak. Adopt the same arguments that have already been brought forward. 20 years ago when Mr. LoGrande obtained a variance you are talking about a 15' difference than the required amount. Now the variance requested is 25'roughly or twice the amount of what the code requires. I agree with the others that it would be harmful to the rest of the neighborhood. Thank you. MEMBER GOEHRINGER: I still have not asked Mr. MacFarlane a question. RAY HUNTINGTON: My name is Ray Huntington, I'm a resident of Fleet's Neck and VP of the Fleet's Neck property association. You have a letter I believe that we forwarded earlier and we have made 4 points. Those points I'll briefly go through rather than read the letter but the first point we made was that approval of this application would enhance the value of the property for the applicant but it would degrade the value of property of the surrounding neighbors. Secondly we said that the application appears to be for a house that's much larger than that which we will discuss with the Trustees. You've already pursued that so I won't detail that. In addition to that we have talked about that P point was the 50'requirement and the 25'variance being asked for. In the area we surveyed the 10 surrounding homes. We found that the average setback was 99'. We believe that the ZBA's role as a review board but to approve this much of a difference would be the creation of new code virtually. It's an invention of new numbers. It is not an interpretation of the code. 4th point is that this is a very special site. It's one of 57 parcels in the PEP that meets all 4 of the criteria that they enumerated. It's on the PEP critical lands list. The list identifies 125 acres out of a total of 66K in the Town of Southold listed because of it's importance. The house is shoehorned into this lot. That's an expression that I use just to try to convey the notion that we are really putting more into this spot than it can handle and it's done within a couple 100'. It's really an excellent job of engineering I have to admit but you understand the vigarities of flagging wetlands and so on and encroachments that can occur later. Page 50 of 128 i Page 51 January 16, 2003 Southold Town Board of Appeals Regular Meeting Pulblic Hearing i This is really very, very tight. The approval on the variance here would set up a new weak link for all the other parcels on the PEP critical lands list. Some of those parcels, several are on Fleet's Neck. I want to add to the letter this that Mr. MacFarlane is a contract vendee on this application. This is not a hardship case. This is a business and he does it well. It is a calculated attempt to raise the parcels market value by finessing his way past the town's standards all our standards. We want you to know that we support you and what you are doing. It's very important we want to stop the erosion of the Town Code. The pressure of review boards has become a cottage industry lately. It's becoming routine to see article 78's when an application is rejected. We want you to deal with the situation. We want you to know that we intend to see it stopped and we want you to know that you have our support and whatever it takes to do that. I'd like to ask for now that you ask to listen to Gail Wickham who we've retained as our attorney in this matter. ABIGAIL WICKHAM, ESQ: Thank you I will be brief. My name is Gail Wickham of Mattituck representing the Fleet's Neck Property Owners Association which I understand represents 180 families in the area. I will try not to repeat some of the questions but highlight some of the concerns that I have on this application. 26' as you said is very substantial a house of that size would loom over the neighborhood. This is an established neighborhood on a well traveled road and it would be a detriment to nearby lots, create an undesirable change and adversely effect the neighborhood as restricted by standards No. 1 &4 of your area variance criteria. The nearby lots do contain houses that are far back. Mr. Vale's house is 66'back. Mr. Bell's house is 50'back. Mr. LoGrande's I had understood was 43', there is some discrepancy there. The code if you may remember originally provided for a 35' setback in a residential zone. The town thought that wasn't enough and increased it quite a number of years ago to 50. But even the houses built many years ago in this neighborhood are as I mentioned generally further back and there was a reason that this particular property was not developed until now it's just too small. The applicant is really trying to establish 2 benefits by this variance. The first is the ability to build a house in the first place and the 2nd is to build a big house if the lot is buildable. Let me start again. Without a variance I don't believe the property is buildable because if you have 50' from the road and 50' from the wetlands, there's not enough room. If the lot is buildable with a small variance from your board then it has value, considerable value because it is waterfront. So you are by your variance creating value on this lot as Mr. Huntington mentioned. To allow a big house as the applicant wants will create tremendous value which isn't there. So he's only looking for this variance to create a huge value that doesn't already exist because a big house equates to big money. Further you are looking at a 66' length which when you have a shore front yard setback further amplifies the impact. The front yard variance should be reduced considerably the length should be considerably reduced if in fact you feel this should be allowed to be a buildable lot. Now the fact that the Trustees put a permit on this property was governed by their evaluation of it's proximity to the wetlands and it's footprint and they pushed it back towards the road leaving you in this position. So there's an inherent conflict between your 2 boards and what they are allowed to do on their property and their approval should not in any way be construed as a comment that this is an appropriate place for the house. You have to look at whether an adequate front yard setback on this property would result in a no from the Trustees and therefore it's not a buildable lot. The fact that there are 3 lots being merged really should not give the applicant the bonus points he's looking for if you look in the tax map that Mr. Olsen Page 51 of 128 i Page 52 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing submitted there are number of properties that have combined 3 filed map lots. So it's not unusual in the neighborhood specifically on section 136 tax lots 11, 14, & 15 all have 3 lots. Tax lot I'm sorry sectionl37 tax lot 16.1 has 4 lots and lot 15 has 4 lots. So that's not unusual and those other 2 lots on the file map given the closer proximity of the wetlands to the road probably would render them un-buildalgle in any event. I would love it on some of my other applications if you granted variances because other people had done things or because it would create an un- buildable situation but then we wouldn't have zoning so I hope you will seriously consider this application. I have here and if I could have permission to submit them after the hearing 7 copies I have copies of Mr. Vale's survey and Mr. Bell's survey. He didn't'mention but he lives diagonally across from the street. If I could give you 7 copies showing their setback. Thank you. CHAIRWOMAN: Before the board members have any questions Mr. Olsen I am looking at this survey, I'm looking at the 50'wetland boundary setback boundary and the 50'nondisturbance zone and I'm trying to see if where your building envelope is. Your building envelope meaning the envelope which you are permitted by Town Code by the restrictions,by your approvals, and I'm having a rough time seeing it, I'm seeing a- MR. OLSEN: I don't think it's on there. As far as if the house had to be setback 50' from the road what that would do is that what you are talking about? CHAIRWOMAN: Customarily known as the building envelope which means what you would be permitted if you adhered to the code the 50' setback in the front and if you adhered to the 50' setback to the wetlands and the 40'non-disturbance zone. Visually what I'm looking at is- MR. OLSEN: We could get the engineer to do that,but it's not on the survey that was submitted. The building envelope for this particular house was developed in concert with the request of the Trustees. That's how it got where it is. But if you want to see a building envelope meaning the current setback requirements front yard rear yard side yards I'm sure we could have- CHAIRWOMAN: Along with the Trustee approval and their restrictions. What I'm getting is I can visually see that the building envelope is very limited. It looks like you are at the limit with this size house as going any further toward the wetlands at all. MR. OLSEN: Not to interrupt you but we can't go closer to the wetlands cause this is what the Trustees approved. CHAIRWOMAN: There's a 2-car garage on the bottom I suppose you could cut that down to a 1-car garage that would pick up 5' and bring you up to 3124 you've heard the neighbors concerns. We are all familiar with this. It's an 1860' footprint on the house. It's not a small house. MR. OLSEN: The footprint for the house is 1460 and then there's the footprint for the garage which is another 200 sq. ft. Page 52 of 128 i I Page 53 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: It's an attached garage so the overall footprint is 1860. Mr. MacFarlane is acknowledging that. I really want that clear in the record. MR. OLSEN: We already said it's going to be a total of 1860 including the garage. The downstairs living space-af the house is 1460. CHAIRWOMAN: What we are going to do is adjourn this hearing to February 6th at 6:40. The board members have questions at this point and we'll get the board members questions and then we are going to adjourn it- MR. OLSEN: Can I just make a brief comment and reply to what the people have said in opposition or basically it boils down to I represent the Schlussel family I do not represent Mr. MacFarlane. I don't care what they call Mr. MacFarlane if he's developer or what. I represent the property owner and they are the ones if this variance is not granted they are the ones that are really going to be hurt. They have owned this property a long time, they have been paying taxes on this property. They are under contract we are working with Mr. MacFarlane but my real duty is to the Schlussel family and that's who I represent. As far as all the comments and letters that have come in and so on they all addressed environmental issues which have been addressed by the DEC and the Trustees and we have approval. The other thing is they are talking about the average setback. This is an old developed community where the houses were built before zoning and as I said before most of the houses where they are now the town would cry out in horror as to where they put the houses. The reason they are setback more than 50' from the road is because most of the parcels are long narrow pieces and guess where the houses are right plunked down on the creek because everybody/nobody in their right mind would but a waterfront parcel and put their house up 50' from Stillwater Ave. they want to be down where the view is. That's why we have the situation with the other parcels. Somebody suggested I think it was Mr. Wacker that he lives in a house that's 800'well that's wonderful but guess what today you couldn't live in an 800'house the town code wouldn't allow it. The town code still is 850 sq. ft. for a minimum size of a residence. But nobody today would especially with the price of property would want to build a house that small. Mr. Vale is referring that he is an adjacent land owner. He really isn't an adjacent land owner he lives across the street. And quite frankly part of the reason the house we've combined 3 lots and the house is where it's proposed to be built is because of Mr. Vale. I know he did not want his view blocked he didn't want to buy the property because he's expensive, but he didn't want his view blocked so he's been before the Trustees every step of the way. The house where it is now really helps hien rather than hurts hien because it's been pushed closer to Mr. LoGrande's property. Also on Stillwater there's no uniform sense to the community. This is an old pre-existing zoning community some houses are close some houses are further back,but it's not like it's a community where all the houses are complying with today's zoning. The reason we have a ZBA is to give people like the Schlussel family relief from the current code on theses pre-existing properties because we can't meet the current code. That's why we are here because it is a balancing act as I said in the beginning of my presentation. MEMBER ORLANDO: I think you've expanded past your brief period. I I Page 53 of 128 I I Page 54 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR. OLSEN: I think I did too but I've got to get it on the record. And I'm going to forget that's the problem. Also Gail Wickham mentioned that the old code was 35 ' setback now of course it's 50 when this property was developed it was 35' and then the town code went up. So if it was 35' we're not even looking for a 9'variance. Anyway that's it. CHAIRWOMAN: We were supposed to break at 11:30, it's now 12:50 we have another set of hearings coming in at 1:00 and the board members need a break. It will be adjourned until 6:40 February 6th you are going to present us with an elevation plan and exactly where the fill is and any other things the board will require at that time. MR. OLSEN: Do you want also the plot, the building envelope? CHAIRWOMAN: Yes. Board members any questions,Mr. Horning? MEMBER HORNING: Not at this time. CHAIRWOMAN: Mr. Goehringer. MEMBER GOEHRINGER: I have a question for Mr. MacFarlane.� Mr. MacFarlane can I ask you a question regarding the plan? The chairperson reflected on this but you basically standing in front of the proposed house you have the 2 major jogs that protrude towards Stillwater Avenue one of which is a garage one of which is a bedroom if I'm not mistaken when I reviewed the plan you don't have to go back to that issue-the house could be flattened a little, could it not? MR. MACFARLANE: I left Tom Wolpert's office this morning and this reminds me of the old joke where the man when in for the suit and the tailor said hold your hand this way sit like this go like that bend over and he did all that and now they said the suit fits perfectly. We got all kinds of jogs because we got pushed here tugged there. Could these lines get straightened out? Sure absolutely I'm not trying to build the largest house in the neighborhood. I want to build it in the middle. CHAIRWOMAN: I think what Mr. Goehringer is saying is what you'll hear right across the board is can you cut it back? MR. MACFARLANE: We are going to do that and I thank you very much. I look forward to seeing everyone again on February 6th and we are going to take a hard look at that squash this thing down and we'll see what we can do with it. CHAIRWOMAN: Mr. Orlando. MEMBER ORLANDO: Are you building this house for yourself? MR. MACFARLANE: The answer is yes sir absolutely I have 13 grandchildren hopefully if I ever get approval to build this house 1 year 2 years 5 years later I'll make friends with my I i Page 54 of 128 Page 55 January 16, 2003 Southold Town Board of Appeals Regular Meeting PuIblic Hearing neighbors if I don't I have plenty of children, grandchildren to visit me. The answer is the house is being built for myself solely my wife was born in Italy- solomente. CHAIRWOMAN: Ms. Oliva. w�. MEMBER OLIVA: Again I have the same reservations as other people. I admire you're keeping some of lot open and I am very sensitive to the wetland and you are constricted but I also would like to see the house shortened because it will make a big effect. MR. MACFARLANE: I will take into consideration the height so that the height is within bounds and then back some. CHAIRWOMAN: We are going to adjourn this to February 6th at 6:40 pm at which time Mr. Olsen is going to show us elevation plans the building envelope and possible suggestions to cut that front yard those little dog tails out of there so we can see how far back we can get I recognize you have a limited building envelope I also recognize the community has legitimate concerns that need to be addressed and once again the variances requested here can be quite substantial. I make a motion adjourning this to February 6th at 6:40 pm. q �', 1 1:34 Rm Appl. 5262 -JAMES FALLON. This is a request for a variance under section 30.A.4, based on the Building Department's September 19, 2002 Notice of Disapproval to construct an accessory in-ground swimming pool proposed partly in a side yard rather than entirely in the rear yard. Location of property 3050 Fairway Drive, Cutchogue 109-5-14 & 16 (as 1 combined lot). CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? JIM FITZGERALD: Jim Fitzgerald here for the Mr. Fallon. It's another case of a house being located in sited in a strange way on the lot. It's my understanding that this is the first house built in the subdivision it was built I think by the developer and I guess he thought he wanted to look out on the golf course. Anyhow we would like to build a swimming pool as is shown in the project plan which also gives the dimension of the pool from the various property lines also includes a fence which I believe is not a matter of concern. MEMBER GOEHRINGER: Can I ask him a question Lydia? CHAIRWOMAN: Just a moment,because we just pulled all these files in. I'm sorry, continue. MR. FITZGERALD: I was done speaking, want me to say it again? CHAIRWOMAN: No it's apparently straight forward application for you have conforming 41K sq. ft. lot 18x36 pool and it would be 20' at the closest to the south property line. Let's see if the board members have any questions. Ms. Oliva. Page 55 of 128 i � 4 .: _ � 1 w.v�'�� ",C.�. . . F... _� ., ., .�i ��'. j - _ �. - tet. _ t .. �_. _ ... W. „ - I,� r p, .. '( w fey _�'� ��. '3� - .- a �:� �� ., � �� .��. _ r- ��; � s��•" rr}} 1I f( � �Z. _ L 1,,. � TTS ��. - �� .�x. _ '. Sr -, � _ __ � .. moi`{� • _ � � _ _ A �' M• ` `. � �' , 1�7. `. .; , t 4 .:!I U � ��+�i'.. ,fir �, � .,♦ �` off`:!},`� ',h• ... r w - rry Southold Tcnvn Board of Appeals -6- April ll, 1968 FiLMLIG HEARING: Appeal No, 11174 -- 8:00 P.M*(E.S.T.)i Upon application of-Angelo & Georgei#te Petrucci,, Bay Avenue,-,Cutchoguej, New York, for a variance ixt accordance with the Zoning Ordinance., Article' III, Section 303,, -for permission to set off a lot with-less than 10O.-feet frontage, Location of property: norih side Still water Avea ue, Cutchogue, New York, part "of lot number 80 as shown on. the'subdivision map of..M.S•. Hands Section 1 II, Suffolk County Map No* 1280, Fee paid $5.00„ _ The Chairman opened the hearing by reading the application for a,variance, legal notice of heaaing, aff i i f t attesting to its publication in the official newspaper, and notice to lze applicant. _ . . THE CHAIRMAN: Is there anyone present who wishes to speak for #4f application? _. STEPHEN GRIFFING, ESQ„ : The basic argument is that the right of 'way,_even t1j,649bowned by apo her person, could never be built on. Even, though Angelo and Georgette Petrucci own the property they do not have the benefit of it at all tunes, Having sold lots number five and six, its pretty hard to get four lots out of the remaining property, and they have overcome some expense in having the map laid out, - - THE' CHAIRMAN: What is the area of lot number one? Which is the lot-we_ axe referring to? _ MR. GRIFFING: (Mr, Griffing pointed out the lot in question on the-map2.pein9 lot referred to as lot number l). The lot is 70 feet by an average depth of 260 .feet. THE CHAIRMAN: The total area that we are talking about includes the right of,way? MR. GRIPPING: No sir. We don't o-,nna, the right of way. The lot is ,20,000..square feet, I- am sure. THE CHAIRMAN; There is plenty of area, MR. PETRUCCZ: It is 150 feet wide on the water edge, MR, GRIFFING: I do have the deeds here, Plot A isn't referred to in fir, Petxu-ci's deed. THE CHAIRMAN: This is before you discovered the right of way? MR. GRIPPING: That was before we discovered. it,d THE CHAIaAN: You never received a bill for it? Southold Town Board of Appeals -7- April 11, 1968 Gi;ORGETTE PETRUCCI: We have been paying taxes since 1964 on Plot A, We thought it.was part of our deed,. They just called us from the County a few weeks ,ago. � MR. GRIFFINGa. The first bill that came through had no indication of arrears on-it. MR. PETRUCCI: We had it-payed all the way through. I NR. GRIFFING: They thought it was includedi in one bill, THE CHAIRMAN: 1-think we underttand the situation', Is there anyone present who wishes to speak against this application? (There was no response.) .T6M CHAIRMAN: Are there any other questions? *There was no response. ) Aiter investigation and inspection the Board finds that the' applicant requests permission to set off a lot with less than 100 feet frontage. The lot in question adjoins a right of way which ; the applicants thought they owned and had full use.of. It was later discovered this was not so, therefore, the lot in question has only 70 feet frontage. The Board finds there is ample depth and area an this lot to meet,all_ other xequirements of the Zoning Ordinance„ In general, the Board is in agreement with the reasoning of the applicant as presented an the application, The Board finds that striei application of the Ordinance will produce p;xactical difficulties or unnecessary hardship; the hard- ship created,is unique and would not be shared by all properties alike in the immediate vicinity of this propetty andan the same use district; and the -Variance does observe the spirit ag the Ordinance and will not change the character of the district, On motion by Mrq. Gillispie, seconded by Nary Bergen, it was RESOLVED Angelo & Georgette Pe- rucci, Bay A-Venue, ("utchogue, New York:-bre -granted permission to set off a lot with less than 100 -feet frontage as applied for. Location of property: north side Stillwater Avenue, Cutchoguei New York. Vote of the Board: Ayes*.- =sir. Gil.lispa e, Mr. Bergen, Mr. Hulse, Mrs Grigozis, Mr, )Doyen* 5 R , nr g. Sou-wmthold' Town Board ®f Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 1 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN ' M I N U T E S SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER REGULAR MEETING JOSEPH H. SAWICKI SEPTEMBER 3 , 1981 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, September 3 , 1981 at 7 :15 o' clock p.m. at the Southold Town Hall, Main Road, Southold, New York 11971 . Present were: Charles Grigonis, Jr. , Chairman; Serge Doyen, Jr. ; Gerard P. Goehringer; Joseph H. Sawicki. Absent was : Robert J. Douglass, until 7 :21 o 'clock p.m. The Chairman opened the meeting at 7 : 15 o' clock p.m. PUBLIC HEARING: Appeal No. 2854 . Application of Michael A. LoGrande, 63 Pinedale Road, Hauppauge, NY 11788 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for ,an insufficient frontyard setback for new dwelling at the east side of Stillwater Avenue, Cutchogue, NY; bounded north by Madzelan, west by Chituk, south by Stillwater Avenue, east by Barlotta; County Tax Map Item No. 1000-136-2-4 . The Chairman opened the hearing at 7:15 p.m. by reading the appeal application and related documents, legal notice of hearing and affidavits attesting to its publication in both the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15. 00 . MR. CHAIRMAN: Is there anyone here to add to what has been stated in the application? MICHAEL LoGRANDE: I'm the applicant in this case. I'm Michael LoGrande and I'm here with my wife. We're co-owners of the property and we're just, we had an aerial photograph prepared _ and that perhaps can explain both the woodiness of the site and also- the topography in -this configuration with reference to the water body, if I may show that. MR. CHAIRMAN : Yes. J Southold Town Bo,d of Appeals -2- September 3 , 1981 MEMBER GOEHRINGER: It' s beautiful. MICHAEL LoGRANDE: A little colorful. This is the subject property over here and this is Stillwater Avenue. The houses that are colored in red have setbacks already of less than 50 feet. Most of them were built under the older provisions of the ordinance and I took an area of about, a distance of about 12 hundred feet in all directions and those colored in red are less. There are many of them that you can see are much closer to the road than 35 feet. The site itself , if you look at the property, all of this is vacant. This is a current aerial--1981 , and this piece of prop- erty sits here and the remaining portions of the property, also vacant, seen in white, you can see that the heaviest vegetative part of this is up in this area here. The property, I think, shown better, perhaps, on the survey, has a ten foot elevation up by the road going down to one feet right by the water. , If we can, in order to preserve the eight foot requirement, if we can move the house up a little bit, we could take advantage of the high part of the site which is this area. And without disrupting many of the trees at the southern end of it, the point closest to the water, which will also, I think, aggravate the run-off situation and make the silting of that canal worse than what it is right now. We think it 's a reasonable application. MEMBER GOE1ILRIT'.GER: Are you going to--can I ask you a question? MICHAEL LOGRAEDE: Sure. MEP.'EER GOEHRIIIGER: Are you going to position the house just the way it' s shown here, Mr. LoGrande? MICHAEL LoGRANDE: Yeah, just about. MEMBER GOEHRINGER: It won't be adjusted, then,, to the road front. It'll be adjusted straight-- MICHAEL LoGRANDE: Well, I think actually, parallel to the road front-- MEMBER GOEHRINGER: Actually parallel. MICHAEL LoGRANDE: Yeah, it would be skewed a little bit with reference to the property line because the property itself is skewed. But we'd like to make it parallel to the road front. We'd also like to preserve as much as possible the view from the- adjacent properties . These are spread fairly far apart, but we would do it in a way that we would maintain the higher, wider sideyard setback on this side to afford this little better view from the property across the way, as opposed to hugging a little bit closer in this area. These views are not as interesting in this area. MEMBER GOE9ZINGER: How large is the house you're going to build? Southold Town Board of Appeals -3- September 3, 1981 MICHAEL LoGRANDE: We think right now it's going to be about forty by sixty, total with the garage and all. MEMBER GOEHRINGER: It' s a one-story house? MICHAEL LoGRANDE: Yes. We intend to build it on a slab and that's why the elevation' s critical as far as we're concerned. MR. CHAIRMAN: Is there anyone else who would like to speak for this? (Negative) Anyone opposed to itl (Negative) If there's no further questions, I'll offer a resolution granting this as applied for. MEMBER GOEHRINGER: Second. 9 Southold Town Board of Appeals -4- September 3, 10,51 • The Board made the following findings and determination: Appellant by this appeal seeks an area variance for a reduced frontyard setback from the required 50 feet to 35 feet for a proposed new dwelling with dimensions of approximately 65 feet wide by approximately 40 feet deep. The lot in question contains an area of 18, 917 square feet, has road frontage of 100 feet, is an average of 195 feet deep, and fronts along a dredged canal known as Eugene' s Creek (a/k/a East Creek) , Cutchogue. The New York State Department of Environmental Conservation has restricted the location of the proposed new dwelling to be within 95 feet of Stillwater Avenue, pursuant to Tidal Wetlands Notification Letter dated October 17 , 1980 , TWNL #15276-0341. The Board notices that the proposed location of the house as shown on applicant' s survey dated November 3 , 1980 indicates that the northwesterly corner of the house is more than or very near the 95 foot line and the house may have to be turned on a bit of an angle in order to F- comply with the DEC restriction. The turning of the house on a slight angle would not affect the frontyard setback from Still- water Avenue. The Board recognizes applicant' s practical diffi- culties in this proposed project and agrees with applicant and the DEC. In considering this appeal , the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining proper- ties would be created; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facili- ties of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the variance to the zoning ordinance, Appeal No. 2854, application of Michael A. LoGrande be granted as applied. Location of Property: East side of Stillwater Avenue, Cutchogue, NY; County Tax Map Parcel Item No. 1000-136-2-4 . Vote of the Board: Ayes : Messrs. Doyen, Douglass, Goeh- ringer, Sawicki and Grigonis. i a' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK -------------------------------------------------------x In the Matter of the Application of i AFFIDAVIT Estate pf Murray Schlussel OF SIGN (Name of Applicant) POSTING i Regarding Posting of Sign upon Applicant's Land Identified as 1000- 136 _ 2 _ 6,7,8 COUNTY OF SUFFOLK) STATE OF NEW YORK) 1, Gary Flanner Olsen, Esq. residing at 660 Oakwood Drive, Southold N.Y. , New York, being duly sworn, depose and say that: On the 5th day of january , 2003 , 1 personally placed the Town's official Poster, with the date of bearing and nature of my application noted thereon, securely upon my property, located ten (10)feet or closer from the street or right-of-way (driveway entrance) -facing th tre t or facing each street or right-of-way entrance;*and that I hereby confirm that the Poster has remain d i p c for seven days prior to the date of the subject hearing date, whi ,h r wa ra--tribe ignature) worn to before me this . ,66 day of January 2003 . rk i.ORRP.INE KLOPFER Cdotary Pu ac,state of Ne�vY0 Notary Pub ic) No.4828373 Qualified in s ff PloCO U'a Commission ExP *near the entrance or driveway entrance of my property, as the area most visible to passersby. -- - OLSEN & OLSEN, L.L.P. ATTORNEYS AT LAW GARY FLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW P.O. BOX 706 • 32495 MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 PHONE 631-734-7666 FAX 631-734-7712 • ols,enlaw@optonline.net January 14, 2002 Re: Estate of Murray Schlussel Front Yard Variance Tax Map 1000-136-2-6, 7 &8 Our File 6985 To whom it may concern: Enclosed herewith please find the Affidavit of Sign Posting in re the above matter. Very truly ours AR N OLSEN GFO: lmk Enclosures Town of Southold Hand delivered Z-0 ® — rl r . % CIJTCFIQGL�E ?!� ��zi� �'�� 4� ��i r m Postage g 0.60 UNIT C3 g R 0� Certified Fee 2.30 /(Z/ rr Retum Receipt Fee 1.75 G Postmark —JEndorsement Required ) Restricted Delivery Fee f �� O dEndorsement Required) ru V)Total Postage$Fees $ 11`65 O1/ O Sent To N Carl E. Vail III & Elizabeth A. Street,Apt.No.; ------------------------------------------------------------------------ or PD Box NOP. O:..BOX �6�............................................... City,state,'ttdtchogue, NY 11935 :rr rr Er w M�2 Postage $ 0.60 UNIT D: nn35 S p Certified Fee °�� dSj� p h Retum Receipt Fee 1°75 , P s 'ladorsement Required) P k�.a F:�H{f� `a\1l Restricted Delivery Fee , 0 p indorsement Required) `. ru{�0Tetel Postage&Fees $ °{� 7/0-3 `may M V�'' 4nc% � SentTo --Mi rbi-1 e_..M.....Bangllarnn.. ..aLS.............................. Street,Apt.No.; or Po Box No. c/o Lorraine Logrande cry,sr®re zrP+4 ........................................ co Iv fll tl. �. . .- . .•. .7' al,auTa—fl-buf Ni 0-35 AL3 L Z J1 8 ro Postage $ M 10 UNIT IIS° 0}935 rV sd OOty Certified Fee 1°3n a1CJ�, S� p Z Return Receipt Fee 1°?5 , Postm (Endorsement Required) ,,cc�� Here-El� , �.Restricted Delivery Fee Ierk•: R?�r O.)(Endorsement Required) fUu lTotal Postage SFees M �nJ0 C3 Sent To Barbar --DiF..an e ------•-------- - a g............................................ Street,Apt No.; or PO Box No. 3080 Stillwater Ave. • •P Q....Bog....20r------------------------------------------ Clty,State,ZIP+4 :�r rr &]& '• Ya►7CK- O � e S 0.0 T "f)o nn 55'�r Postage $ V 2.30 a,Qj t3 Certified Fee I ((++ O Retum Receipt Fee °"5 OMS PoHfm�ark' �y' ..D ZEndarsement Required) C1 R7B2VO 10*nestdcted Delivery Fee O CpndorsementRequired) / ��``�y V)Total� otal Postage&Fees $ i,}iIC O 0 Sent To i' Frank Licari -------------------------------------------------------------------------------------------------- Street,APL No-;Orchard Lane P. 0. Bog 261 br Po Box No. ....... .. .' •............................................... cfry,ware,z�P+4Southold, NY 11971 r r �� tTjG[sr74ry�iro:r;. r RI �. s :UE, NY i l L i 60 UPIT ID' -3935 f71Postage $ ' IM S s E3 Certified Fee ! d/� PostrTrk p Return Receipt Fee r Hera ��EndorsementRequired) � CIerE'.R7B_�� .0 Restricted Delivery Fee a tT M Endorsement Required) ! rlt Total Postage&Fees E3 p Sent To r- --CILLI atlue.-JA=----Gre-tsrL--------------------------------------- Street,Apt.N or PO Box No.."2880 Harbor Lane ciry s�eiB,"iia+a"G�Iti �gtl ;.. ..�19 3' ••----•------------------ a.Y�►107 • • COMPL8T8,THIS SECTIONOWDELIVERY s Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. Q� , � � �❑Agent ® Print your name and address on the reverse C /�❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of el ery ■ Attach this card to the back of the mailpiece, �v �L or on the front if space permits. D. Is delivery address different from item 10 ❑YeV T 1 Article Addressed to: If YES,enter delivery address below ❑ No �\ Christine Ann Gretsch C 2880 Harbor Lane to schogue, NY 11935 3. Service Type f Certified Mail ❑ Express Mail ❑ Registered ?�Beturn Receipt for Merchandise ❑ Insured Mad ❑ C.O.D 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7002 0860 0003 8914 4211 (Transfer;from service label); ' , ; , f t , i I i i PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVIC PND First=Class Mail " `Postage=&Fees_Paid (2 P M =uses'=- =I?ermit;No=G=10 inti — — • Sender: Please print puEcri me; s Complete items 1,2,and 3.Also complete 7gcn7by �•, item 4 if Restricted Delivery is desired. Agent le Print your name and address on the reverse Addressee so that we can return the card to you rinted Name) C ate f Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. DEQ11 fl) D Is delivery address different from item 17 ❑Yes 1. Article Addressed to if YES,enter delivery address below ❑ No Barbara IDiFrancesco 3080 Stillwater Ave. P. 0. Box 720 (� Cutichogue, NY 11935 3. Service Type ❑Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O D. 4. Restricted Delivery (Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7002 0860 0003 8914 4228 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • OLSEN & OLSEN LLP 82495 MAIN ROAD PO 60X706 s OMHOGUE.W 11835 j i!!!fl!!!ii{!l!!fills!i! ili!!!L!!ill!!!!ii!!ii!!!!i7!!!!i!ii ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK -----------------------------------------------------x In the Matter of the Application of AFFIDAVIT Estate of Murray Schlussel OF (Name of Applic�rt ) 2 MAILINGS CTM Parcel #1000- _ _ 6,�'s . COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Lorraine Klopfer residing at New York, being duly sworn, depose and say that: On the 3rd day of January , 2003, I personally mailed at the United States Post Office incutchogue, , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (g) Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's o rty. (Signatur Sworn to befo a this c 6tbday of UN 200 3 GARY FLA NER OLSEN State of New York otary Public) oQualified in Suffolk 6Counwi-t �7 0-ornmission Expires March A `'^`''��77 1. PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. Michele M. Bongiorno and ors X LorraineLoGrande P.O. Bog 0403 Cutchogue, N.Y. 11935 1000-136-2-5 Frank Licari Orchard Lane P.O. Bog 261 Southold, N.Y. 11971 1000-136-2-9 t Christine Ann Gretsch l� 2880 Harbor Lane Cutchogue, N.Y. 11935 1000-136-2-1 Barbara Digrancesco 3080 Stillwater Avenue P.O. Bog 720 Cutchogue, N.Y. 11935 1000-136-2-14 Carl E. Vail III and Elizabeth A. P.O. Bog 967 Cutchogue, N.Y. 11935 1000-137-1-16.1 P w II : 4 OLSEN OLSEN, L.L.P. ATTORNEYS AT LAW GARY PLANNER OLSEN DAVID WORTHINGTON OLSEN ATTORNEY AT LAW ATTORNEY AT LAW P.O. BOX 706 • 32495 MAIN ROAD • CUTCHOGUE, LONG ISLAND,NEW YORK 11935 PHONE 631-734-7666 FAX 631-734-7712 olsenlaw@op'tonl' ii'e nef- JAN 7 January 6, 2002 - - Re: Estate of Murray Schlussel Our File 6985 To whom it may concern: I am enclosing herewith the following: 1 . Four extra copies of the survey. 2 . Affidavit of Mailing and postal rece ' ts . Very tr y yourA, GARY FL NNER OLSEN GFO: lmk. Enclosures Southold Town Zoning Board of Appeals Main Road - Town Hall Southold, NY 11971r a-m a � �� i LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 16, 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, Southold, New York 11971, on Thursday, January 16, 2003, at the time noted below(or',as soon thereafter as possible); 11:30 a.m. Appl No. 5259 - Estate of Murray Schlussel. This is a request for a Variance under Section 100-32, based on the Building Department's September 24, 2002 Notice of Disapproval concerning a proposed dwelling with a front yard setback at less than 50 feet from the front property line at its closets point. Location of Property: 3085 Stillwater Avenue, Cutchogue; Parcel Nos. 1000-136- 2-6, 7 and 8 (combined as one lot of 62,730+- sq. ft. total area). 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 Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: December 19, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (tel. 631-765-1809) I I J-001� 1 ' s i �f TRU T' !E D:10<Ekk : Seconded. ALL AYES 30, Gary F. Olsen, Esq. on behalf of NEIL SCHLUSSEL requests a Wetland Permit to-construct a single-family dwelling, attached garage, deck and . • ..- •.a _.... _.._ .. ..c_e_ .r�___..��.s __L-� _Y-.r-�� _ ay.__. v._ _ _ �e.ar}uza .._.v...rs...e.re.at.x.c=--�_^1..._xa._... i 28 r sanitary.system. Located: Els Stillwater Ave. East, Cutchogue. SCTM#136-2- 6,7&8 TRUSTEE KRUPSKI: Is there anyone who would like to comment on this application? GARY OLSEN: I'm the attorney for the applicant, Neil Schlussel and the Estate of Scblussel. As this Board is well aware, we've been before the Board a number of times. Actually, I believe this.started November of 1999 and we have approval from the DEC, we have approval, at the Board's request, we went to the Health Dept. and got approval-from the Health Dept. and following the recommendation of the Board at out last meeting, the Board requested me to dontact tory client and see.if-we could add a third tax'lot to the application and this property is Presently undor contract'to sell and the buyer of theproperty actually-is he re'tonjd t if you have any questions, aM What been a '�i6d byJ66-seller`-and 6y.th'e.buyerthatWe could add the third lo't, W61ch is oWftd:by th_Skate of Seh6ss_el,so the application`r-ovW is-to=ino is a tlhree tax p4rcels, 'k�6d&- 6-2-647,8-. We've also had YQung Young-recon gur,0 the .location pfith�Mouse arid-right now the horse is eetback v0° 60imtbe*etlands lute.'The sartttary system is [opted up.and the edge-of Stillwater kve. You'll see-that them is a,soptic tank-qrid there.are#thee cesspools. The e.odtherly mast cesspool,is out of.your,jurisdiction. The southerly cesspool is,withln your junsdictic n. [Vs.abogi* 90' from"the wetland line. Thp-mid8le one[s,QuVside-of your~jurisdiction. It's.0bout 105''ar.so. The. nd thhorly eesssPoal is alio o of your juri ction. It's about 100' from the.wetiands line.You'lt see'ort.t s*j ey, which;was dated�Janupry 30, 2002' there'siatnor-distul-baraco'buffer aroma-bf'3A'. [°five tacked to Mr. Mac Farlar e, who,-fs the'Contract Vehope, and he,la arhendbte to having th6 buffer 40' instead'bt`the 30' because,-he,does need rbot;tt'tb get arbund the east side of his house W do work, an4 would be willing to have the n6n-distutbance-buffer area a0}on the south s[d,6, extended around t4 the south side. We've done everything this Board has re'quested. If yqu-,look at the'standard, which are set forth in the�Code, I respect€ully,submit tll'atwhat you;have to determine is whetherthis application will affeact the wetlands,.acid it does not, it doesn't cause dannage'from. erosion, it'idoesn't cause salt water intrpsion into the freshwater resources of the Town,.this project'Will not,adversely affect fish or shellfish, wiTnot increase the,danger of flood and Storm tide'damage, will not adversely affect navigation oto the tidal waters or'the tidal flow of the,tidal waters of the Town, will not chan�e'the course of any channel or natural movement or flow of any waters, nor will it weaken or undermine the lateral support of other lands in the vicinity, it will not adversely affect the health, safety, and general welfare of the neighborhood. This parcel now with:throe tax lots, is actually one of the bigger parPels in the area. To the north.of us, there is a house that went,up about 1987-,Wlt by Michael LoGrande and I believe l gave to your office a copy of his survey because I had been asked t'o submit how far that house was to that Wetlands, and that's it. If you have any question, hopefully we can answer them but we've done everything the Board has asked us to do. This is privya property. This is n6t a Town park. If the Town does not approve this applica ion, in 29 effect it's condemning this property. Mr. Mac Farlane is here to answer questions and also Thomas Wolpert, who is the engineer, is here to answer any questions on the design of the survey. TRUSTEE KRUPSKI: Thank you. Is there,any other comment? CARL VAIL: I'm,representing neighbors adjacent to this parcel. I have a letter, which we made up-and I'd like to submit it to the Board. (letter on file) TRUSTEE KRUPSKI: Thank you. PETER BELL: I submitted more petitions to your office and that puts us over 1,050 signatures on.these petitions that tell you that the neighbors want the Town to buy the,land. We're not looking to take anything away from the Schlvssels: .Vlfe-want=the Town.to•reimbursethein. Vl/e think that's:the property, solution to it. I reWi-eAhat that's not in yaur department. I think you shopld-Ynow about;uur ttn'cerns.and4hat you adh:Bte-to the rules regarding var'rapees and,set acks�We think if you do that, to some•extent, it i4quld set somb_lab'd f, xxar,pf -so*,thdt This pressure stops,orlJhbe;6xrrrargifral:pieces of land;61rid4hat;tho Wj0IIif4.1n:tliEiie areas is protei to ,1.dorr't'kriovu vhat else to shy exceptttm .1,think thdtheV.18hes of the 'f,05t peopla h!this-Tbwn should be of some vNue.. CHRISTINE 60ZETSCH: I own the 5 acres across the-way-from this house and,just at this house,just looking at this house, and I just roughly MOO,tdd:it, r�'��bundred and something feet long, and looking.around the area, m,y;houetr1s 35' and-the barn is also 35', this is going,to look like a hotel on a IitiI&i8lailc. this morning I noticed we had birds that were nesting over there, This is all,going to be,destroyed. I'm new to the area.I've,only been here 7 gears. i"m just starting to understand, and when I went to put up my barn, tfa�ar,pushed,it back 1 0', and luckily I had the properly; but 1 don't understah''' hov�F'this can be-allowed to go ori. Its 1:00' long;and Ws.-very narrow,'so I NOIhly object#d it. TRUSTEE KRUPSKI: Thank you. N,E1CH0dR: l'rn the adjacent property owner and I share her exact seritimei rots. It will,look like a motel. Just by looking at the plans visually, you need a�a0ance1for every corner of the house. That in itself tells me S=Gitl ir' is �ie�y wrorig. Also, there is no house on that road that is 25' from the,road'ad .I kn6withat is-not your jurisdiction but there are also no houses that ar&;quite;th,of;long''either. I have a very small ranch and the neighborhood coil'lists,of vejr..:modest.homes and this will be like a huge motel-like eyesore. I also warited`ta go on record that I agree with everything that has been said before and for, ttie-last two years . TRUSTEE KRUPSKI: Thank you. RAS! HQNTINTON: I'm speaking for the Fleet's Neck Property Owners Association. Wil certainly:appreciate your efforts. Two years is a long time to work ori- a-projdct and I know you worked hard on it too. We also know that as you addr6ssed:!1hese situations, your decisions have to be supportable so that we don't,revers,e them in a court. So, I can sympathize with the task that you have before yo;i'.At the same time we definitely oppose approval of this application. I believe the homeowner's association letter is in the file on this + - _ . . ._ _ ______ ____L_•..._•:.'.v!�L - 'f.-.wLa.�Li. - s,..._1i___X_ir_-sa...�i_`.i=.��- _.av...i.ucr—�v.�v_+.�-a_-._s.. �aw.r.^ 0 30 matter. The lot is about half underwater, its on about 30' of wetlands, the surveyor has done a good job on the plan, (inaudible) but look at the deficiencies. The elevations.for most of the property are quite low, the cesspools are shoehorned in between the house and the road, and the house is only 19' off of the road line.' Irl the letter that 1 just described (inaudible)-the whole Peconic Estuary Plan was for the (inaudible) in ordoe words there are- only ...(inaudible) so we're talking about a very special problem here. This proposal can be stopped right-here by the Trustees. And if not here, then where? Are we going to entrust these kinds,of things,to the Zoning Board of Appeals? This is a very,-sensitive environment. Now I think I a necessary that here you-stand.y6ur ground'accarding to a cha ter that`s been-uppp#his.Board fora very, very (inaudible)These aee our last•opportunities. There's only 57 of'them". Mlle �a`rge you,not•to Approve this<particulat applicafion. Thank you. TRUSTEE KRUPSKI: Thank you.Anyone else? KEVIN MCALILISTE lR: Good evening. I'm the-Peconic Baykeeper. If l may, I'd like to sp4ak to th`e (anger picture and then talk about the application spr~cifical[y. As y6b*now, my Credentials include undergraduate degrees in Mr4ine Bi'ol'ogy, as w'elf as, natural resources, conservation, and a.Master's Q;.gree ift,Coastaf Zone Managing. Really, what that.does is tie together the la`ba use orad wato.r a[iI l do have considerable professional experience in that-fold end 4pecirJoallyto shoreline management. You heard some of the vi�lh'es•aritl functions of'wetlands. The woman before us spoke'on wading bird's iatili ing-fhlig r`ea. �3bviously its important•habitat Wetlands=provide etl6rnnous�filtratioh- ,Qapaoity,for the fresliwater.dratnirng intofhe basin. I want to,speak to sea-leM"rise. Clearly that is happenirig, I knowt there Has been a nuilper of stodies tWeased in-the last cbupl_e of years that bre spo6king to factual basis oPsea-level rise and.I believe on the drderof up to [!alfa foot the nein 50 years, ,ilVbsn you look at a vertical rise in that mag�iitude, that's enormous when yob're-looking,horizontally to.that. We've evolved in the 25 years, ob'viously the development pressures have been going up. Going back in tim,e, let's sayJh that:time frame, the constraining parcels weren't really pu3tiing'if e epvolope,, so to speak. We'had upland sites that could be de c6Ibped.,We're ru-nning out of upland sites. -Wjlously-in�my,opii ion, and I think.everybody in,'this room should share this, the ee(st end if being suWrbariized ' ldcrenehtally, but it's happening. It's Deer! Happening overthe last'25-years.'Sothi68e°marginal parcels are coming into play. Mr. Olsen spako of the fadt.tlipt-jhe;DEC has issued a permit on this. 1 want.td share with you briefly, going,bi ck a year or so ago in the Village of North Haven, there wa§.a IDEC'p0niit for a pretty similar condition,to this.site. I.stQod;shin deep in flo'6d tide wagons ora:a particular day where physicalily the home site would be and'this was 0out�30' buffer off of the actual tidal,,Wetland area. What's happening is,JJh that particular.agency, they are failing us, and'that$ my personal opinfbn'on.the'DEC. But, they're assuming that`this Board!will do the right thing. Sod they tdke the easy road, issue that permit, and they 1pass the busk and maW it&very difficult position for you folks. We spoke ob wetlands a lellualoda aq a}6u1o6 sa�agl li Aq alis eyl ssa�ppe ltu,eo,1,`oS •A6oloicl auu13w s114110 swaal:ul `uewallue6 sly}jo uoileonpa ayl jou~'wopsim au} aney J,uop I •seipoq elbudoidde eql WO-11 lenoidde web of si sdals aq1 y6nolgl 06 am upseei ayl ieg1-ownsse of 6u1o6 w,l •Ienoadde :D3q.paniaaaa Apeaale aM •144M Xdey aq.PI??onn eAk ezls aql sjegl `,00 G lou %Ogl)C,O1 V 'e4n}on.4s sse�6 Aaols Oz:> pia;nq of 6ulA.rl lou a.� ann 'Allo6 Aq lnq °6uluana slyl,a�aa� sluewwop s,auo/G,a a altloejdde 1 `Am eqj A,q 'Addey Alloapad ej em lesrtoq eq} azls ag- dp:jegj 6upq of paluenn'l lnq 'ensel u;e s'1legl.WgI l,uop 1 '} oid et po1 ao111-fu+,l)as ej,Aayl legnn jap!§uoo 1,up1nom'I So6e saea4 A1uamj 000'09 pied Aaj1}'.g 000`09$ pled Aagl.uaynn nnou�l l,uop l -IassnlgoS jo li�oad ay} uo 6uluana:slt�l;=dn lg6noaq slulod autos uaaq aney;,a�ay- s��aA�an� -Aluanrg of 4,,lubmj aol s&'eOUTAed ueaq aney 1uatiq of AlUannl ao;.alis;slt Oe44ey Altlegoxd Allwej lass011bs aql •e}is�,�paigl aql lto loealuoo o � aM aM.pw;e `parr�vuo;ani `alis p�liaul uo�uaq ol:pa�jse aaann a- puey 1e $pjjs bqa jb�Opwt '.L!eqj ja6.rel Algejepisuoo sl alis:srl�j ss 118 uaoefp agj Pue ails sill:}o;lelaae ue aney ann loe� u1 •a6jej lbt ir'pros Ga e ue si alis sly- lclu.G48-ue'sjaaayI lnq aq 11,em Inlssaoons moq md.U%jjbop I •jagla6ol aasolo'^wa41:6uiUb6,-pue slenpinlpul pue sanlaslnoA se i1pns;sdnor 'i ollgnd 6u1114' jQ sadat� tai s1 iin.�ol jey- •�alueo" l .uai.uuo,[inu3 G�'V fqIsIanlun aoed'�v iunipj a 66 Tes aisle 1 •Apadoid sOL,# 6uiap-.0i, �(ip.t Ijam 6ulgp ai,noA ligl uoilIpuo5*aul pansind aney ol.paau noA gotgiw` hs apjel"aat' asaq- •coos.Pi0111181Hl;(?iq!pneui) loafolduiop aq Ila*y` u1� Saa�C2lN �._• Iio� `luojjj.E4 A-aql UO saa4lCr0), ul 6uIDpom�Cllua�no eae aM •troll} e}rt�a�atay} to suaaal,ul'01el9.PaWn bol lnog6noagl saalu0o ueq�n ed1Q�t: s App `spllnq s6uiploH ua,uaV aol..se'�xroH -sbuIplQH ealaa u r;lOj'SaI-LUO4A .Uo111;Uod400 e;0 OtIO 01410818 w,I •aapuan laealuOO argil Xud :3NVI�iVA-*O'�VV 'l •naA-xueq- •tri t}�alldde sly}Aua!p `sialenn nc .jo q#le tl'qg pue lellq'y ajqen(p-Ajoajojd ol tyd#ui,ar;{ fsno>ng0 P, Su l o jr164'il6bbseS. •ai"a14 91014pur�oa,O•oIUII,* 6e i1js e:6ul lrtd `pa�os;ay 8t� `o�-•fu�pealt�do .p�;'a�;�l s,lt.`s�1�,1 anbila BU1so ssa,i j�W41 ns pinofix I •IIpA-: l a 49.-l1 c"Uj-,aA—'jl U. I 'alel iIijo;1no si asr�iog°age, �1 dui 1=pa sa6Fi�s'sl ►put; `uolksl04 pup,-AbIlbd•q�O d&aa gl!M.scull asoi�l`6uoj 6Cil l} ur anlssa rho d ara�u o 'p au ay t?sa�issl VbP pue PgOLN104.b�;. U1 ga,S SBM'j t;pgm lua,wuao:� o seen a:tayl 1 sjjedaaluno6 Allenpe'�CIlBa�ll:pue "'N1aeM lsel 6UllOaua e ul 'Xloj..jllnog-a.�j uO••alag adoianua-ayl 6uigsnd-oje eM}eyl'azlu600aj of aney ani`1no paltzlod sem..se 3�uigl 1 `umbV •eije4po.trioA Iaaw l,usaiap Apealo 11 •papuedxe-eq Alglssad lg6iwlegl 1g6luol io aaj.nq {oe a ja 6ulA001 eje em`alis awog slgl Aj),eoilloadg •siseq ayl sl }eqj 'uaboj}u ayl pue uogjeo agl uaang913 ui�go pool etil}o aseq a41 GAUP-Aileaa legl Pub1 aLIJ IJ0.6ulutoo s311106ao eqj `leualew ayl pue spedxa agl g6no.�gl Ano1le o- sllu�lI uMo.ua41 auilap of sialem Aeq.tno to uolsi edxe jol-Molle of 2Ae4 GM •weIsAs ag4-10 sailalae agl dl31aaio lepll a'sagl le Tool'noA1l •fuenjee alogAkeq; pue aseq ajogm agl to A6olooe agl of'seo6 sigl Alleei pue `o4 Meads Alleei j,up!p 1 luawale au0 •seuoz jej;nq sapnloui legl pue `aaagl ainlold aapeoaq a gIIM 6uiNiom. }Jets 01 aney aM •uollel969n agl Aq paleeuilep aje sauil esoyl Aisnoingo pue I£ J 32 1 Increase or twenty years or a hundred years. The house that we have asked to build here, as good neighbors, my wife and I, grown daughters all gone, wife born in Sicily, we look at cracks to clean. I would think we're good neighbors. What we would.like to do is.build a sensible house in common with the neighborhood, backed off of the wetlands, in an appropriate fashion. Tom Wolpert from Young &Y'outhg has amaeria[, which wa would,like to show you. That aerial shows the size of this lot,where the house would.go, and where the other houaes are around there. This is.an attempt to designate a piece of property for a•-specific purpose. For that purpose we try-to adjust ourselves. W6 added theithird.lat, we•pushed the house at the end; no#to.ohstruct,or minimize ahy a4structlon-of any views. Y6u.can't jus�t;say; ek Wrs a park. For that m,actor, why don't we make the entire peninsula-a park. ft ws�utd:make•a great.State•Rask: If y©u'dori't mind, l would,like to aA Tom Wolped to step up and.sfow jrt olhe aerial. TOM W.O' LP1�RT: This-is the aerial photograph that.was based.on;the ptjQto r pNiy 46n•in 1999;end on this we've superimposed a clew plastic copy 41 a ilo1n`oft6e survey that that is the subject of this application. It o m; y fie{a tiitl f¢i�6,wt-froin where the Board is, I'll bring it up. Basi 'ally,the sdi5jectlot"is ik".1.4 acrb parcel and this black area denotes the pr000sed lo6tion'gt clic.house.; f • 33 purchased because they didn't want to see the lot developed. Its happened quite a bit locally, especially in Peconic. There were a number of parcels bought by the neighbors. I've worked on the Board of Directors of the Peconic Land Trust, and it happens on Shelter island quite frequently,-it happens in Southampton quite frequently,where the neighbors just,simply do not want to tolerate another neighbor, they don't see another house, they don't want to see other people and they-purchase the prpperty. I don't know if that's still an option here. I don't know if anything could be worked obt because every community benefits when that piece of property_has a conservation easement on it., BWdes-ithat,wip ve worked with a lot of difficult:pieces of property over the years. Wever hed-xgeiite a bit of experience-with this. Mies,what's your feeling;on'it? TRUSTEI1 FOSTER: Well probably for the first time in my life, I think I'm lost forwor'ds, We've,been dancing around with this fora longtime. Thlese people haVe'r t a'ViBKrequir0nent we asked of them right from-the beginning so t don't (*navy wh&t to do at this point. TRUST KRIiPSKI: Well we have to vote on this tonight. TRU TEE P68TER: Unfortunately we have, I think we're in a position where if we;&J-apprave this application, since all of the requests were met, I think we have;to`be prepar`,ed to purchase the land and due to lack of support by our Town Bbord'WO certain funds available for this, I don't think we're in a position to,do that-. I guess you have to vote your conscience. PATER-DELL: We'brought this question up about buying the land with the Town Board and there-seems to be some kind of division amongst the Town Beard AO,, Mr. Wore who said-that the Board can be proactive and can go out-and�gsk the owner of the property to sell it to the Town and another person ori the;Ooard felt that-you can't be proactive and;that-.you have to wait for the owhor.t6 come to y- bu. I've been in touch with Fred Thieles office in BridggbaMptoh, who is an assemblyman and hai a lot to do,with the transfer tax.i- echanism and the regulatory bodies that are set up for each town has to have (irtaudible) and their office has assured. me thatAhe Town can be proactive and can,go out and,ask people if they want to s0ll their land to the Town. 1'-m 9oing to go to the meeting tomorrow night and bring this question up. I doh't�how i can relay it to you people if you ban wait 0 while,wait a month, or 0 couple of weeks before you make a decision so we can try ironing it out because one of the people who helped write thislaw says that the Town can do this, and I contacted people in other Towns who say that their Board does'the same thing. They see somel-hing that the Towwwants and its beneficial to the people of the coinmunity,, they approach the owner. You don't have to wait for the'owner to apptoach you. So this is the question that has to be decided by the-Town Board yet and they could possibly do it within the next couple v€weeks. Then, the question that you raised, could be settled in some way. TRUSTEE KRUPSKI: We're always happy when someone steps in and takes the,development pressure off of the Town. It makes it easier for this Board, and the development pressure in Town as a whole. No one wants to see the _ t 34 Town developed any further. But,the reality is, we've asked the Town Board. to purchase a.piece of property in Mattituck that a significant drainage problem exists there that really increases the water quality of Mattituck Inlet, and we've been.after them for years to do something and we can't,get them to put the money down. PETBR BELL:. Well maybe things have changed over the last couple of months,or so. I don't know. We tried to show that the,people.of the Town want.the.Town to buy the property. There are 1,050 signatures there. That's not beams, its people who put their emotions and their beliefs on the line and signed a petition to ask the Town to buy the land. We can't do anymore but show-hQwj' ople.wantthis done.As I said,we`re waiting to approach the Board'tomprrow. We:'lt see if something carr be done in a cduple of weeks or maybe-a rribnth, then we can come up with,something. Vile approached the Peconic Land.Trust an they expressed interest. Ttiey.'retrying to come up with some kin,;.'•Qf a f6 tila that they could propose to us:that w6 can try to ger into.. l=df kt,know urhat,else to say. TRU•S,TEE-KR**U-P8KL The'Pec6nic Land Trust would have to work with the owner. PETER BELL: Right, so would the Town have to work with the owner. We tried to Qet the Town to recognize that these regulatory agencies are.setr up by the Board'and the Land Preservation committee, or whatever they call it, can be proactiive, and they can approach,the owner. Mr. MacFarland brought the point of being a good neighbor and so on and so forth. We're not against neighbors. if you've had experience in,building these immense properties,find a piece;of land:that you can do that. Don't come here on a little puce of property and try:and plant something that doesn't fit. RAY•.HUNTINGTFIN: Perhaps I could clarify this issue of pro-activity. Certainly the TQWp can be proactive in terms of purchasing or buying devolgpment rights or purchasing fee title. The confusion may havO arisen over the idea that it has to be voluntary. The owner has to be willing to sell it and the Town has to be willing to buy it or some arrangement has to work out that is voluntary. There are a number of arrangements and the Peconic Land Trust is very good at coming up with, and I hesitate to call them unique solutions, but they are very close to being unique because they deal with a partidular piece of property that's involved. But who contacts who first is not a people. Who agrees is the whole problem. GARY OLSEN: You and I had discussed this a couple of days ago about whether the- property was available, and the property is not. The property is under contract and this Board should not be put in a position of interfering with the seller or the contract vendee's contractual rights. We are presently under contract and the property is not available. It's no secret that this property was for sale for a while. I think Mr. Vail mentioned that in one of the prior-hearings, that people would come and look at the property and leave. Everybody knew this property was available and if the neighbors wanted to buy it to protect themselves so no house goes up, it was there for the offering.All they had to do was make a reasonable offer. My clients have owned this proporty for r 35 almost 30 years, l checked the record;in fact somewhere around 1977 or something, and they have been paying taxes on this property. There is now public water, we have Mr. LoGrande, and I know you all know who he is, he has'his house on a.Much smaller piece of property-to the north of us. First of all, I think to use the term I've heard thrown out tonight;that we're looking for an exception for this prpperty, well we're not looking for an exception were looking for your approval and the reason is that because this project falls within your jurisdiction. If it didn'tfall within your jurisdiction, we wouldn't be here. You have criteria that you have to' address and When.we first started this thing, your jurisdidtion was 75' from the wetlands-.arid now Its been lacked up to 1GO', but-pvven at the 100' setback I'me, the h -in this prefect--seerns to me, is the sanitarysystem because everyone 4s-afraid of f1trerit,gioing into the.creeks andlhe uiretlInds and affect:the sla.�ellfisf�irag ai d so oh; �rtd with out throe cesapdols, ware out ofyour jurisd-iction, with the-exception of ane,which is darn,Elose boi>7 out, Its within 90'. 1-don't khi W-why this,`is..ti c�irnirig so poi'Tiplioated and sa fficult otherthan,ro.kno,*,Vi� pie aotiv .t ighbiors th rar,e.serfdIh4 pied -.t'8 arouhd'apd putting therti tap itt-7-'kT�ird rat the.Mores and soon,,Suit it's-not-a'�,que,%Obh of numbers, it's d_tt6�86on of WhAl:,D9 right, Y ani there's riga pir�� ; .th guidelines where this p j'E ct i`s goir g:tca gdue'rsely effect any of tta�thu s tris Board:eras to Gonsider;„; pd:t:ask foryo r'appt`Aval. AnO again,inrWve..gm`ne 6rou6h a loft of hoops andiq'j'th� through AlWe ,bec ise phis ttard:asked us to artEd-ev a gati 6 a�pro7ral and a ttit,,of money.has been spent: It's very easy for 666p]6 to say,- ll'-ha only spdrtt$60,000. 1 dO-_Wt know if that number is right,=la6i i,,V 11 a�Wr`Vail, who has b h6use,60'ross the street,-what he paid for h1's1:Ap'-e and v oujd he be had y"to havd son Wne pay him back what he pato 1dr,it and igifio ft the incrdase in miarket VWue:when we know-what's gdttig ori out,ftutp, ''Prices are going crazy. 1 bio a" 6f of real estate and prices ar�,�ast oing.trots in this Town. The reason th6t there may be only 56 other pard'` `tha comply( inbudible) don't even knoW hqW this parcel does, but if you 166ki.et this aerial Photograph KV:because every gther piece of property has a hb6e;on it already, and the reOlson is, people Icbe having houses on the watc?'46clud�ing the,woman Who owns 5 acres:acrosp the way looking over at this LWace., 'That's all I;jhave to say. We're under contract and this Board should rt'ot be put in a.!position of intbriering with your contractual rights. TRUSTEE KRUPSKI: I don't thihk we're feeling that pressure it's just that we try-to Ipok at every opportunity when we look at a.property, that's all. We're just trying to explore everything. We have on other parcels also, not just this one. What do.ypu think Jim? CARL VAIL: I just W6nt to say one more thing. TRUSTEE KRUPSKI: Lets let the Board have a comment first. TRUSTEE KING: I just wish the house could be downsized a little bit. TRUSTEE KRUPSKI: That was the comment we had in the field. The house was substantially larger. NIR. MAC FARLAh1D: We are okay with downsizing that house. Again, something in the 40'X 50' range, certainly not the 100'. The design that was in Z .. ... :a:. .___ •__- - r."-_: _—-:__-:_.�:.t.w k:-+.c.-_tea...•._.,..,:�=tR�cs�t�as� ., __ - -=_-.r_v....v..nu^-.w�.. . -��_.�.... ,R. ...s - 4 s - 36 there, I asked the engineer to please lay out what the extremities of the house could be, That's why that house has all'these jogs in it. It just follows where we could build. I'm here to say, we would.be more than happy with a 40'X 50' house. We don't want to build the Taj; I'm.not trying to do that. I want to build down the middle of the,road; whats appropriate for the neighborhood. TRUSTEE DiCKERSQN: l just want to-say something. I've been on the Board now,for three months and 1 came into,:this position because-of,houses like this and seeing them in-my Town hoping to,do something about,it. Unfortunately in this 8Ruation•h6wever, l came in at the end df a two year process.and initially when this was first,brought to-my-attention my initial duf�fe-eOng W6,5 to disagree;'.4ut agalJf"s leen a.pro6ess thot's been origbin aril,i-ffiink-we're near the,end; I thirikl4 with some cornprdrnises ons1ze�6nd-61uffers,,11do hope 'and even now look hg into preventing this-from h4open(0g again,�b6t again, it's been a two year prgcess,its been r corked orx, these people have.g�one through-all the hogps'thatwa!re sat-up:prier to mycQr;>0g:hitothie,J"put its snrh thing, i et•1 r'�vo Ad:111<61 ,see-happening lest°arid;less. Birt, I on'# know if V it's apprdphAte at tl is.tlme. a 1`RUsTEE P1C341w',"'!aA: You know,my voting record. 1 don't compromise the Wetland's. I h� ,,ven'>:o"., n out a permit application-fdr a septic system within our jwri dicttot . hi appy ipotidn falls within 90' of thb:wetlands. I'm consistent and Ie se theseytype;c��-pern* and all of,the cons�tlf-Ws know that aloo. You noed:a mit irrrai'�of-69?setback from the wetlands_ thit, property,-has that Rossibitity 6rrd it rkey Piave a possibility of-pushing that septic out t '100'. If those pfan' are djhr.-i'd-pe more inclined to be favorable and-as f right now, I'rn-sitting-before t _�dwrt Board and-,asking them to change the, wn Code �0' tosa ��;se6,ck ofd of€yetlkands and,1.00' setback;for-the septicandi it would be p a: hycp "'�es'r'on this. That's about it. i-itic�( ii'l vo��d.. TRUSTEE;KR1 POKI.Any,other brief comment? CARL VAIL: 'I just4h,ihk you gentlemen are under the impression that length of process is:a giaarariit of approva). I think you should re-examine that idea. I mean, cert"ainly we'ye;spght as much time opposing this issue as Mr. Olsen has spent promposing,if.and of course his comments were about our petition, but his corning doWft ftore`and applying for a permit put this in the plublic arena, so we do f 44' e�,a right to protest this andbring this before the Board. That's all I'h;ave to'o-aX.about it. Thank you. TRUSTEE!KRUF'SK "Do I have a motion to close the hearing, unless you have-ranoth eir Goma nje4t? TRUSTEE;FOSTER:Well'when we first started this, we a[] went out, and we spent a lofof time`'Wl ing amongst ourselves about this whole process of this particular applicaiioh. First we wanted more from the wetlands, and'we got it. One thing.I feel very strongly about not being is not being similar to;the Planning Board whod-every month when you go in there, they give,you one more thing4th,at you:Piave to do so you can come back the next month, and before you'know it,�Ws, two, three, four years and many applicants are bankrupt because dfitoe process. So, we all talked about this.. We asked for more distance from-the wetland,we got it. We asked for cesspools liar back 37 from the wetlands as we could get them and we all agreed on what was given us.We said if the Health Dept. would approve the application, we would approve the application. Never in a million years did I think the Health Dept. would approve it, but they did. Well now we're out in the wind again. So, the next thing is, well include the next lot, and we agreed that if-they included the next lot, we would go along with that and-approve it. Well the next lot is in there. Now, environmentally I'd Iike to say I don't think this-thing should fly. But morally as a Board, having met everything we've asked them to meet, I don.1see where we have any choice. They did everything we asked-them to do. Kenny, even the cesspools,we talkeo about that-and you egreedx and I understand how yo_u'.feerahoutJt and I'd like it to be the.same way, but we can't say yeah,*e'It do.it.and then whe6lhey do-it, turn arbUi d-and say Veil..."we all,agree0that weV6re going to& this. Yau cal .all:vote anyway yQu;want but I think I have to be a.person of my'oWn convigt`ij0p,and Wh,6n I, said this-is way-it;WA0:gojng to,gb4f everything.wes metf,:l thit,).kthatls tl!6way fth,going tolrot. S y;l doiAhil) thatwp havoth6righttol., iM ardundi and try to" on`e up'wi'th-ari��er reason. Everything that has bean given. I d6n°t*66t10°be6hotyrhen [leave, here't6nigNt'O Wr, but't�iatk!nd,of tells yo,u'how I'm goiN to�voto. You can all vote tFie wsyyou,wantt'i'he:only c, -ment'I had;whdri*e weht out and looked at i'hdt la$ elk;whan-1-poened this,.plan and,towihe size of this house,thit wasn't ir}the i j i ally �titi the Mao said he.*6§ gpipg fo down size the house $p, 1'w4u y-if eve coijld SO-,a:little down'si�O'house,;personally I feel I have toyvat '.-iWts'for it, and for the,reasorts I stated. TRUST"EE K9UP§Cj':Why don't you make a motion. He can get a smaller house end a bigge4 buffer. TRVEE F(JSTEk,-They agreed to go another 10' right? TRUSTEE KI4UP �: Right. The original was 30'X 60. TRUSTEE'F(JSTE� ,He wants 40'X 50'. TRUSTE KRUPS-XI: I think 30'X 60' would fit in better anyway because it's a j narrow house. TRUSTEE FOSTER:Actually, I think what the shocker was the way the house a little protruding out and jetting. Originally it was kind of a rectangle. I think the 40"was agreed`to right? TRUSTEE KRUPSKI: Right, because it shows a smaller house. So'you have to maks that Motion. TRUSTEE FOSTER: Do I have a motion to close the hearing? TRUSTEE KING: So moved. TRUSTEE DIOKERSON: Seconded. ALL AYES TRUSTEE FOSTER: I'[1 make a motion to Approve the application with the stipule,1ion that the,non-disturbance buffer be increased to 40' and that the now plan be submitted showing a slightly smaller dwelling, 40'X 50' or less and, no!n-turf on the water side of the house. TRUSTEE KING: Seconded. TRUSTEE KRUPSKI, TRUSTEE FOSTER, TRUSTEE KING, TRUSTEE DICKERSON: Ayes TRUSTEE POLIWODA: Ney i e Y ' t ` ED ED APR 2 1 2003 ZONING BOARD OF AF'&;:ALS r , / f + _ - t , _ .ik, 000 2t DINING AREA R - MECH. KITCHEN - ROOM 1 1_5" X 131_411no 3+ , r FAMILY ROOM -- = - :� :: _ 2 9' X 13 -4" -J SECO FLOOR , SECOND FL. CL o (�� r -- 1. A _ 2 CAR GARAGEJ. U ;.. ' 0f' X 2 11 ' ` tai' M 4 ^i • LLU DECK i ' FI RST FL. _ : FOYER LIVING ROOM - - - _. ._. -.--_- _ E _ _. .� • � ,, ,�,� 1 13'-0" — 11 GARAGE FL. . .. --. Rr c .. : SOUTHELEVATION r. " ® ® SCALE : 114" = 1 ,-0,, F i T FL.00 PLAN SCALE : 114" = 1 '-0° 1751 SQ. IT. TOTAL AREA 473 SQ. IT. GARAGE � MECH. 1 278 SQ. IT. LIVING SPACE F w - Ir CLOSET r , -- BEDROOM # O ° 18' x 13'-411 , •_ BEDROOM #4 BEDROOM #3 LIN. .L o O , � I O' X 201—Gil 10' X I G'—GII — �- N L==�J L=j L:� - N CLOSET : - SECOND FL. SECOND FL. BEDROOM # 2/FN - _ --- r!._, FOYER BELOW . - 14 X 13'-0" --- ° LU o L J - U -- FI RST FLOOR EL. 14.0' GARAGE FL. SEW FL OOFI PLAN SCALE . 11411 - I '-0" 1 GG5 SQ. IT. «... . .__ .__.__,. __.._-..._.___ ._._. _. _._ ._ ... ,.. . . _ . . NORTH ELEVATION SCALE : 114" = I I '. "� �„, _ -�*�! °^ �� OF NES, F t F _ ``• ��t CHq,p<c� O�' Yo un + " 'l o2672 ,- L01720 ,J 2L7'v C 4 "Ors. F - qP f 9 Q0 y 400 0strandcr Aver ux, Rive°rhrad, New York 11 PO f . I a 9', &3)-727-2303. ,- t :c o Ol r� a Oc of � Sig of [< �Ou �� ; e-' YOGI, -s t x 1. Howard Tr. Young, Land Surveyor 'Ppyo y , Architect' TtWomas C. P'alpert, .Professional Engineer 10t3 v Robert C. Tact 'STEREO ARCN��. Ronald E. Pfuhl, Landscape Architect ... , t i APRIL 200 I O 2002 0505 --- Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Alden W. Young, P.E. & L.S. (1908-1994) 1 Howard W. Young, Land Surveyor �a0 / Thomas C. �C. Tast t, fessional ArchitectEngtineer Robe ,S, O /' \ WETLANDS LINE AS FLAGGED BY OGC JEFFREY L. SEEMAN, R.E.M. COASTAL . O\/ �oti �'\ ENVIRONMENTAL CORP. ON APRIL 4, 2000 HEALTH DEPARTMENT USE C� Cot 8 Oho 9320 � or for �a ti ��'F erg y C k ,09 / k0�O� hr/St/ ne O Q �r0 / \ O G O c� _ of o S rC'tsc q OF CREEK AS SHOWN t`Gro moo°�,°c° .9s �\\ l.a� 8 °ti' 1Q h ON FILED MAP Q S0 E SHORE OF DREDGED CANAL F 1.43' `OCeQ C 6 66 of "INA S X620,50,, E EUGENE'S PROPOSED � ._ --r --`�. 6 CREEK , T RETAINING WALL - E '? � - ' -'� qR o" ,6 54' ENGINEER'S CERTIFICATION t PROPOSED qC Oz. �2.r�l"c',�,� WATER SERVICE �'-.� - �� 57 73 of ° - • THE WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES SHOWN + 8—''--z, , � � , 3.94 E T 8j ,� --- HEREON COMPLY WITH THE STANDARDS AND REQUIREMENTS OF 0° . o o ° ° p ` \ .42 /' `.\ �p�4j / � THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES. �R at 0� h:.;..;•;•.;:;::;a KIT'::>:;:;::...'s 5.05 GAR L 1 \, - �L FAM : ` �_ 62 \� Ot (L� ��YY R V/ 1---6--_ . ¢0. ``11.4 _ '--k3.40 CO o/- ' 13 S� 1/ c \`` -�-- `� Rf'¢ . F \`� i HOWARD W. YOUNG N.Y.S. L.S. NO. 45893 :V \Y /`C e'� /- THOMAS C. WOLPERT, N.Y.S. P.E. NO. 6148 6 T D� 14 4.51 ' _ /- �\ SibOFESSIONP� a PROPOSED }3.80 �e � - WELL ��'ii- SANITARY `�� O. T.H. �` /. �� Z /S`0 dot og SYSTEM /�- l/� ".�` `--- �` �' i , / �GO - ti� Ja /' 2Q �t SURVEYORS CERTIFICATION PROPOSED LOC. OF HOUSE & GARAGE , ' t .34 �' / y0 • WE HEREBY CERTIFY TO ROBERT A. MAC FAR LAN E / (3-4 BEDROOM) -' e\� / ' �aTHAT THIS SURVEY WAS PREPARED IN ACCORDANCE WITH THE F.F. EL=14.00 1 yo /'� CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW / G.F. EL=12.50 �,1� �.` ti 6, i/ 1, � Q 1°0� /'� O,`Pi /�' YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS. B.F. EL=5.00 cLi tp�` C, (G� �� .' 50' WETLAND SETBACK LINE ``p�, �� } 75 '` PROPOSED LIMIT OF CLEARING p �O1 S ,-� �r2.os / '``i. _A® W• PLACE HAYBALES AND SILT o. <y 1 / \, \-- " /�' 71 x0 FENCE DURING CONSTRUCTION � HOWARD W. YOUNG, N.Y.S. L.S. NO. 4589311n\` 4 p� 01, ZONE AE BASE (EL=8) AS SHOWN HEREON ```�� J WELLoo /-' AS COINCIDENT WITH THE 8 CONTOUR SF�4APv'D s SURVEY FOR ROBERT A. MAC FARLANE TEST HOLE / DEC. 2, 1999 / a� SANITARY DETAIL LOT 80, 81, 82, 83 & Part of 84 Pig °ii, N.T.S. "MAP OF SECTION 2, PROPERTY OF M. S. HAND" EL=10.0 DARK BROWN 0.0' �,s"6�sp�O+oP'ih I SANDY L ANYYL010 LOAM /: °'ys61,01 1 PROPOSED At Cutchogue, Town of Southold BROWN LOAMY 05 LSA NousE Suffolk County, New York F.F. EL-14.0 SAND I 3.5' O WELL EL�11.2.0 ELo11.4 EL-11.0 1 000 136 02 06 PALE BROWN nQ Z•wxN 1/4":1 2' MAX 1 000 136 02 07 F'Sf MIN. T° NOTE -� COARSE SAND IE 93 1/8':1 4, PVC County Tax Map District 1000 Section 136 Block 02 Lot 08 (SW) 4" PVC io N AREA = 1.4401 ACRES OR 62,730 SQ. FT. 11_9 2 B MIN. o EL=1.2 B.8, IE17 BUILDING PERMIT SURVEY • SUBDIVISION MAP "MAP OF SECTION 2, PROPERTY OF M.S. WATER IN HAND" FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY PALE BROWN T��__� 8'-0 FINE To ON MAY 12, 1939 AS MAP NO. 1280. NOTE Y 1000 GALLON 3' MIN. SAND COARSE SEPTIC TANK (SW) • VERTICAL DATUM = N.G.V. DA-,UM (M.S.L. 1929) PRLLN°WATER M-1-2( 15.0• • ZONE USE DISTRICT = R-40 • APPROXIMATE 300 CU. YDS. OF CLEAN FILL IS REQUIRED - - - - -TO FACILITATE THE PROPOSED IMPROVEMENTS. rOTAL LEACHNG GENERAL AMENDMENTS JUNE 27, 2002 • FLOOD INSURANCE RATE MAP NUMBER 36103C 0163 C LAST (3) 9'DIA. X 4•DEEP POOLS GENERAL AMENDMENTS JUNE 10, 2002 S DATED MAY 4, 1998. 300 sF.sw.A GENERAL AMENDMENTS MAR. 19, 2002 +3,41 = EXISTING SPOT ELEVATIONS MAP PREPARED JAN. 30, 2002 8----- = EXISTING CONTOURS 8 = PROPOSED CONTOURS (8.5) = PROPOSED SPOT ELEVATIONS SCALE 140� " = JOB NO. 2001-0505 �P El = MONUMENT SET ® = MONUMENT FOUND A = STAKE SET A= STAKE FOUND 4 DWG. 2001_0505 by Young & Young 400 Ostrander Avenue, Riverhead,, New York 11901 14'-0" ?'-0" 20'-0" 21'-0" 4'-0" 631-727-2303 Alden W Young, P.E. & L.S. (1908-1994) Howard W. Young, Land Surveyor O Thomas C. Wolpert, Professional Engineer (nRobert C. Tast, Architect HEALTH DEPARTMENT USE s 4 FAMILY ROOM BELOW 'n BEDROOM # 3 1'l'x lilt Ono r BALCONY D JIRURI, C, 05ET O O t- LZ. OL05ET t j m OL05ET FOYER BELOW :-3L) - p BEDROOM # 4 $XDROOM #2 =� n MASTER BEDROOM O 13'-6' x 10' - n n 14'X20' O 21'-0" 14'-0" 151-0" 0 5E00N1P FLOOR PLAN 5CALE I/8' - 1'-O' ARCHITECTS CERTIFICATION 1 bb'-0" 14'-0" 'i'-0" 201-0" 4'-0".14 40 O P OF tq y (Q � C-- CHA pZ 4 a� 't tA 0 0im 110 FAMILY ROOM Z `n KITCHEN-DINETTE 14'-6' x 20' O RO ERT C. TAST, N.Y.S. AR&. NO. 010132 �F�,� �'o, 10131 F.~ p 20' x lost sTFR£0 AaGN`c a Mo E: MUD RM r O c' HOUSE PLAN FOR tM.- ROBERT /�A. MAC m I m OBERO EARLA�E R :2 CAR GARAGE DINING ROOM FOYER LIVING ROOM 20'-60 x 21' 131-6" x 16' 130 x 14' 15,x 20' LOT 80, 81, 82, 83 & Part of 84 Q "MAP OF SECTION 2, PROPERTY OF M. S. HAND" n � �L05. CILLOS. At Cutchogue, Town of Southold Suffolk County, New York 1000 136 02 06 1000 136 02 07 QCounty Tax Map District 1000 Section 136 Block 02 Lot 08 0 21'-0" 14'-0" IS'-0" ib'-0deIf A " FIRST FLOOR PLAN Nov. 1s, 2002 _ DRAWING PREPARED NOV. 7. 2002 ` 50ALE 1/6' - 1'-0' 44.0 NOTE: Is SII DING HEIGHT AVERAGE NATURAL GRADE TO MEAN ELEVATION EAYE TO RIDGE = 35 FEET MAX SCALE 1/8"= 1'-0" ��q Xis 61 JOB NO. 2001-0505 DWG. 2001_0505–H OU SEnLE 400 Ostrander At. 6�, Howard W. Thomas C. Wolp, Robert C Ronald E. Pfuhl, O G� / NETLANDS LINE AS FLAGGED BY O \v O , JEFFREY L. SEEMAN, R.E.M. COASTAL O� ENVIRONMENTAL CORP. ON APRIL 4, 2000 Off' ♦li S � / O S h .26 <o �Oh 9`32'001 Chr/'S/ti�je°r for o t 8v F Ann C er/y c t° °�° 10 O Q • z 00, a ♦ � ��°� N:98 \ � \ \ 1 .47 t83 S \ °00''50 1 ` \ 6 106166' \ Eo Q OF CREEK AS SHOWN 1 .43. �e Cq�yq� 01 FILED MAP s SHORE OF DREDGED CANAL �6 20, TW 11.0 50» E BW 8.0 \ \ �.3. 6 , _ �R MaR� EUGENE'S PROPOSED CB RIM 10.5 �\x3 �. .. \ \ CRE RETAINING WALL �>r. CREEK TW 12.0 i cr7 ° X23.54. BW 8.0 V� CB RIM 5.5 o HEALTH DEPARTMENT USE ♦` T° TR PROPOSED O ♦` I \ \ 73 �oe p qct WATER SERVICE Vpc O w NSF \ 1 ` S0. 00 CB RIM 5.5. V \ \ DRYWELL \ ^ ,. m O 4�R \� RIM 11.0 `1742 Cp ` O°O�Q. \ yO `SFO 4.2 N 2T9 v ` _ - I `\ ` `` \ \ / \ .♦ �.• / /\ o�� \\ % �3F 40 '9zs. ` 5.05 Od 62 \ o \ 412 °.. ♦ / �r . . - - - \ / ENGINEER'S CERTIFICATION ty \ BqN \ / • TME= WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES SHOWN ST �� •;,� \ CE Q ti COMPLY WITH THE STANDARDS AND REQUIREMENTS OF \ � HEREON `. �o \ , ,y6�° THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES. ' / ti� NEWY FiQ - \ �a a / / \ o DRYWPLL Zoe �A RIM 7.0 8 �� `` \ / � `O ' 5C QVC o . .• 4.51 �5 / t 2� / 3.80S,o1) ale,, / PROPOSED SANITARY 7° `� i'. 1 : / / ti/ HOWARD W. YOUNG, N.Y.S. L.S. N0. 45893n �F 61483 WELL %9 / SYSTEM \ p. T.H. _./ , ,/ ' S THOMAS C. WOLPERT, N.Y.S. P.E. NO. 61483 / i ♦ o I)0,., *416 44%6 70 i f / 00 . °° ° SURVEYOR'S CERTIFICATION _ WE HEREBY CERTIFY TO ROBERT A. MAC FARLANE / , 3.34 ' a0 ,' THAT THIS SURVEY WAS PREPARED IN ACCORDANCE WITH THE 0O ) I ,/ ,`(� CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW / �` 71 / ; .y Get // YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS. 011 / NEINyo 4 - JUNIPERUS VIRGINIANA 1� `yG� `� y5�°. // ` .o� \\ CG / (EASTERN RED CEDAR) cG ♦ S J y� 10 ' W. ' 6'-7' HT. PLANTED 8' O.C. II `hp�F, / 10 �y� // t ' f�P Yo(i�� ` I ' � ' � °#i `,yam •.f—,,,. � ,��y" ��°'h�-#i I` -+. red- 'i*4t 50' WETLAND SETBACK LINE r / 1 I ,/ / i .75 / /^ — 6, � 2.05 HOWAFlD W. YOUNG, N.Y.S. L.S. NO. 45893 l�°� 4�3 PROPOSED LIMIT OF CLEARING °° / � � / �� 11 LAN TEST HOLE °" Ili PLACE HAYBALES AND SILT O , `` a'� ` DEC. 2, 1999 FENCE DURING CONSTRUCTION O I ' — ' 1 I APR 2 1 2003 DARK BROWN SANDY LOAMSURVEY FOR BROWN( LOAMY �1 �F A i / / / ZONING 80A11i3 OF (a) 0.5 �� - ��. �7ALs ROBERT A. MAC FARLAN PALE BROWN �0�1 ,' ,/ LOT 80, 81, 82, 83 & Part of 84 FINE COARSE SAND 4°° ZONE AE BASE (EL=8) AS SHOWN HEREON �► " (SW) a� °s AS COINCIDENT WITH THE 8 CONTOUR MAP OF SECTION 2, PROPERTY OF M. S. HAND EL-1.2 8.8' 9 WELL ,� / SANITARY DETAIL At Cutchogue, Town of Southold PALE BROWN NOTE ' N.T.S. Suffolk County, New York COR ND / 1000 136 02 06 (SW) AREA = 1.4401 ACRES OR 62,730 SQ. FT. 1000 136 02 07 PROPOSED County Tax Map District 1000 Section 136 Block 02 Lot 08 1s.o' • SUBDIVISION MAP "MAP OF SECTION 2, PROPERTY OF M.S. F.F. a-14.0 HAND" FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ,' EL-112-0 EL-11.4 a-11.0 EB�:IL::D:l�NG�PER �IT�SU R VE Y .p 1•MIN. 4' X 4' CATCHBASIN ON MAY 12, 1939 AS MAP N0. 1280. T 14a. .:1 z'MAY I.E. 9.3 1jB.'1• 4" PVC • VERTICAL DATUM = N.G.V. DATUM (M.S.L. 1929) 4 PVC ," r I.E. az ® 8' DIA 4' DEEP DRYWELL • ZONE USE DISTRICT = R-40 I.E. 92 m e MIN. o I.E.8.7 • FLOOD INSURANCE RATE MAP NUMBER 36103C 0163 C LAST =42 GENERAL AMENDMENTS APR. 09, 2003 4" PVC ROOF DRAIN DATED MAY 4, 1998. , 1 BUILDING ENVELOPE OFF FEB. 27, 2003 • D---DESIGNATES PHOTO NO. & VIEW DIRECTION 3.41 = EXISTING SPOT ELEVATIONS • a D- o• APPROXIMATE 300 CU. YDS. OF CLEAN FILL IS REQUIRED / 100°SON s MIN. GENERAL AMENDMENTS JAN. 24, 2003 SEPTIC TANK GENERAL AMENDMENTS AUG. 13, 2002 GROUND WATER EL-1.20 _ GENERAL AMENDMENTS JUNE 27, 2002 -----8----- = EXISTING CONTOURS TO FACILITATE THE PROPOSED IMPROVEMENTS. /' GENERAL AMENDMENTS JUNE 10, 200 GENERAL AMENDMENTS MAR. 19, 2002 8 = PROPOSED CONTOURS • ALL DISTURBED AREAS ON THE "WATER SIDE" OF THE (3)8'DDIX TA><��POOLS MAP PREPARED JAN. 30, 2002 (8.5) = PROPOSED SPOT ELEVATIONS HOUSE TO BE PLANTED WITH VINCA MINOR (PERIWINKLE). Q Q— MONUMENT SET ® — MONUMENT FOUND A- STAKE SET A- STAKE FOUND O — LATH SET / JOB LNO.12001 0505 B P DWG. 2001_0505 by