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HomeMy WebLinkAbout5538 - 4 47- (30 c)-0.1) —aiNa n149-r. q. Pt+ (09d.roti dic( 90AJ - 6Lur-cs3. foot Pi4 lo_•d( .0( _ Lk -L _LJ) 614- l'-.`1- Pf. _ • • , I Y - t- - L UFF®`� APPEALS BOARD MEMBERS /��•cise �®� Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road Gerard P Goehringer • z `� P.O. Box 1179 Lydia A.Tortora `� ' i 7, Southold,NY 11971-0959 ®�° �� Tel. (631) 765-1809 Vincent Orlando �� � �...•a. .•� ` �� James Dinizio,Jr. � �►�,,�ii Fax(631)765-9064 http://southoldtown.northfork.net RECEIVED BOARD OF APPEALS ciajz_0( II , O 7-1/1'l TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION NOV 7 2004 MEETING OF NOVEMBER 4, 2004 !; x ZBA File 5538— KEVIN AND SUSAN FERRELL Southold Town Clerk Property Location: 130 Lloyds Lane, Mattituck; CTM 99-3-4.6. 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 applicants' 46,174 sq. ft. parcel is shown as Lot 6 on the Map of Honeysuckle Hills, with 133.30 feet along Lloyd's Lane, 340 ft. of depth, and 143.63 feet along the bluff adjacent to the Long Island Sound. The property is improved with a two-story frame house with decks, shown on the October 2, 2004 survey prepared by David H. Fox, L.S. BASIS OF APPLICATION: Building Department's April 19, 2004 Notice of Disapproval, amended May 18, 2004, citing Section 100-239.4A, in its denial of a building permit to construct a deck addition (and swimming pool built within the new deck construction). The reason stated for the disapproval was that the deck addition is located less than the 100 ft. minimum code requirement from the top of the bluff or bank. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 22, 2004, August 19, 2004, and October 21, 2004 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: APPLICANTS' REQUEST FOR AREA VARIANCE RELIEF: In the April 15, 2004 application for a building permit and variance, the applicants requested setback relief for: (a) replacement of 770 square feet of the existing wooden deck behind the dwelling on the north side, and (b) construction of a new 860 sq. ft. raised deck addition with 15' x 24' oval swimming pool built within, as shown on the April 6, 2002 survey prepared by Francis X. Karl, L.S., amended May 14, 2004. The deck replacement will be 91.4 feet from the top of the bluff, and the new deck construction with pool was originally requested at 85 feet from the top of the bluff and 21 ft. from the easterly side yard. ADDITIONAL INFORMATION: During the June 22, 2004 public hearing, the board considered extensive testimony, both pro and con, regarding private covenants and restrictions on the property, and the distinction and separation from zoning authority was clarified. I Page 2—November 4,2004 File No. 5538—K.and L. Ferrell CTM Id: 99-3-4.6 ADDITIONAL INFORMATION:AMENDED RELIEF On August 19, 2004, the hearing reconvened for the purpose of accepting additional information into the appeal record, from the applicants in support of their application and from residents opposed to the proposed construction. During this hearing, the applicants were requested to consider an alternative plan. In addition, the applicants' agent requested an extension of time for submission of alternative(s) and to offer an engineering plan for consideration. On October 7, 2004 the applicants submitted an alternative plan for a 400 sq. ft. gunite pool at a minimum of 80 feet to the top of the bluff, after removing and cutting back the northeast corner of the existing deck and stairs. The pool also was redesigned to be mostly in- ground, rather than a fully above-ground pool and built into the deck construction and a minimum 21.6 ft. setback from the easterly side property line remains the same. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. After considering testimony during the hearings, the applicants reduced the size of the construction by the pool to an in-ground design and changing the location. Much of the front yard is paved with the driveway and the topography is rolling and established with trees and front yard location of the sanitary system. The rear yard deck construction is in-kind, in-place, with new conforming structural supports. In conjunction with that, the applicants are extending the one-story deck easterly, flush with the pool, and elevating the top of deck 5 to 6 ft. from ground, depending on the contour of the ground. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The location of the dwelling, exclusive of the existing rear deck, is 100+- feet from the top of the bluff, and with the existing rear deck, 91.4 feet from the top of the bluff. The setback from the attached garage to the easterly side yard is 16.8 feet at its closest point. There will be no clearing of trees for the proposed construction activity. 3. The variance granted is substantial, representing 20% reduction from the code required minimum of 100 feet from the top of the bluff. 4. The difficulty has not been self-created since the deck and dwelling have been in place for many years, and the new deck is an extension of same with a swimming pool. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Many of the homes in the neighborhood have similar decks that are attached at the rear of their dwellings and extending at similar distances to the bluff. • l T Gl `'• Page 3—November 4,2004 ° File No.5538—K.and L. Ferrell CTM Id:99-3-4.6 6. Grant of alternative relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of an addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Orlando, and duly carried, to DENY the variance as applied for, and to GRANT alternative relief, as shown on the for, as shown on the sketched-in survey with an October 7, 2004 ZBA date stamp, SUBJECT TO THE FOLLOWING CONDITION: 1. That a catch basin or drywell shall be installed and used for flushing out, or pumping of pool water (also in a location not closer than 80 feet from the top of the bluff); 2. That the drywell or catch basin shall be maintained in good condition at all times. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members' Oliva (Chairwoman), Goehringer, Tortora, and Orlando. (Member Dinizio was absent during th 1(a.eo lTh. solution was duly adopted (4-0). Ruth� D. Oliva, Chairwoman 11/16/04 Approved for Filing LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS TUESDAY,JUNE 22,2004 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on TUESDAY,JUNE 22,2004, at the time noted below: 10:10 AM KEVIN and SUSAN FERRELL #5538. Request for a Variance under Section 100- 239.4A based on the Building Department's April 19, 2004 Notice of Disapproval, amended May 18,2004. Applicants propose a deck addition and above-ground pool at less than 100 feet from the top of the Sound bluff, at 130 Lloyds Lane, Mattituck; CTM 99-3-4.6. 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: May 27, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski FORM NO. 3 `� 5� ( �l)>OP NOTICE OF DISAPPROVAL 5 DATE: April 19, 2004 AMENDED: May 18, 2004 TO: Kevin& Susan Farrell 130 Lloyd's Lane Mattituck, NY 11971 Please take notice that your application dated April 19, 2004 For permit for a deck addition to that existing deck at Location of property: 130 Lloyd's Lane, Mattituck,NY County Tax Map No. 1000 - Section 99 Block 3 Lot 4.6 Is returned herewith and disapproved on the following grounds: The proposed deck addition and the proposed addition, on a conforming 46,174 square foot parcel in the R-40 District, is not permitted pursuant to Article XXIII Section 100-239.4A which states; "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank." The proposed deck addition is located+1- 85 feet from the bluff and the new construction will maintain that setback.. Total lot coverage, following the proposed addition, will be less than 20 percent. This Notice of Disa• 'royal was amended on Ma 18 2004 t i correct distance to bulkhead. Authorized Signature CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. j1-1 !.!r APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS / n ., For Office Use Only Fee:$7G1!' Filed By: C_ �� � Date Assigned/Assignment No. (.6-5-cat FERRELL, K& S (MESIANO)5538 GG 130 LLOYDS LANE MATTITUCK 99-3-4.6 R40 ! DECK EXT./ABOVE GRD POOL—BLUFF SB Parcel Location: House No, ISO Street LION d5 L-c1/4 , Hamlet M a�l.tuck SCTM 1000 Section q q Block ' Lot(s)¢. b Lot Size 1.06 A Zone District R -4o I (WE) APPEALHE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 419 12 d 0 4- Applicant/Owner(s): d V I t SU s r I'C✓r e_J Mailing .#. Address: 1 3 0 I—t 0 e!d3 L . Acc.l LA.,L1( , 1V Y 1 I J.- Telephone: (03) ' .2.91?- 5 5 e NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized „TPMESIANO, INC. Address: 12 MILL POND LANE E. MORICHES, NY 11940-1222 ate o ?- F95i Telephone: ��� �7 Please specify who you wish correspondence to be mailed to, from the above listed names: ❑ Applicant/Owner(s) Di Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 41131 4 FOR: 91Building Permit El Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Change of Use ❑Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section,Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article )(X III Section 100-onq Subsection 4. A Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ❑ A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal❑has it has not been made with respect to this property UNDER Appeal No. Year ' Kevin 8,Susan Ferrell' '1,--,. 130 Lloyd's Lane.Mattituck ' 'SCTM#1000-99-3-4.6 REASON FOR APPEAL 1. An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties, if granted because: • The location of the proposed deck and pool will not create any obstruction of views of neighbors, nor will it produce any other negative impact and is partially screened from view with mature landscaping and trees. • The existing deck was constructed at the time the house was built in 1984 (see C.O. # Z12645), but was not specifically cited on the C.O. • The proposed activity will not diminish the property values in the neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than the area variance because: • The improvements were constructed prior to the implementation of Section 100-239.4A, therefore, any addition to the rear of the house or deck will require a variance. • Neither side yard is appropriate for the placement of an above ground pool. • Although allowed under the Code, there is no feasible location in the front yard for the placement of a pool. 3. The amount of relief requested is not substantial because: • A variance of 9' is being requested for the re-construction of the existing deck • A variance of 15' is being requested for construction of the deck extension and pool, an area of approximately 350 sq. ft. 4. The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: • The proposed activity and its placement does not degenerate the integrity of the bluff: • No clearing will be required for the proposed activity. • No excavation will be conducted. The structure will be supported by spot piers and the pool is an above-ground pool. • Proposed lot coverage will be approximately 10%; 20% is permitted. 5. The alleged difficulty has not been self-created. 6. The physical constraints of the property dictate the placement of the proposed deck extension. This is the minimum that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health fety and welfare - community. atherine Mesiano, Inc., Agent for Kevin &Susan Ferrell Sworn to before me this LP-day ofi. ,2004. Notary P li )4A-- 11(ja4------1 JOYCE M.WILKINS Notary Public,State of New York No.4952246,Suffolk County Term Expires June 12, , .OO'7 . , Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): pi__ct->=,e 3e e ecP (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been self-created? ( ) Yes, or ( ) No. If not, is the construction existing, as built? ( ) Yes, or ( ) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) therwise, plea ,- r ceed to the s'_ ature and notary area below. flArrkil nature of Appellant or Authorized A ent Sworn to bef•re me this (Agent must submit Authorization from Owner) /� ., . of ..!, .�' 200 (f lot* Public) JOYCE M.WILKINS ZBA App 9/30/02 Notary Public,State of New York No.4952246,Suffolk County 'Ferm Expires June 12, and 7 ' TOWN OF SOUTHOLD PROPERTY RECORD CARD 1 de .. • 3 - 41 ,, ' Mac, ( ( OWNER STREET 1\:.' \ 0 VILLAGE DIT SUB. 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A2 t \ s 4, '� AW � s ( a IA 23 m 3.OA(c) ® A It& ,1,...4 s ® ,0 111 Iiii‘ '4FOR PCL N0. D' ox 0 Z____U SEE SEC.N0. FOR PCL.N0. b 106-09-003 SEE SEC. J 106-06-001 ° 0 1� 6•• N 289.000 MATCH LINE MATCH UNE' b g U SEE SEC.NO.106 3 1 r. 6 SEE SEC.NO.IOfi 5 rp >m >m R�� ,u PROPERTES K °9a TDWH SECTION NO NO DISTRICTS. NOTICE .��:�+gyp;-.-.. COUNTY OF SUFFOLK © E SOUTHOLD ••o MAINTENANCE,ALTERATION,SALE D6 Real Property Tax Service Agency Y �° DKTRIDURON DF ANY PORTION OF THE 100 %La OF 0 9 9 ' SUFFOLK Cantu TAX MAP,5 PROHIBITED •. n I County Center w�rhead,N Y 11901 M ATEA WITHOUT WRITTEN PERMISSION OF TIB: 810 0 so aro A 1000 REAL PROPERTY TAX SERVICE AGENCY. .,..•- (� P 106 y07 Dam ND PROPERTY MAP COMMON DATE: .na 01,1998 - COUNTY OF SUFFOLK fy A vv STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS-ISLES), AICP DEPARIMENT OF PLANNING DIRECTOR OF PLANNING December 28, 2004 JAN 3 2005 j Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Brandvold, John&Marion 5516 Ferrell, Kevin& Susan* 5538 Lomangino, Susan(Mattituck Riding Arena/Stable) 5552 Tapp, R.; Ellis N.* 5555 • Bozzo, Eugene&Georgene 5567 Witschiebein, Carol; Larsen, Janet 5569 Gemmill, James N. 5572 Miller, Kevin 5581 McCance, Henry&Alison 5584 Smith, Diane Alec 5585 McNeilly, Ellen 5587 Akselrad, Evan 5590 Zuhoski, Jerome&Deborah 5591 LaPorta, Alfred&Jeanne 5593 Connell, William& Suzanne 5594 Geoller, Jane 5597 Mullen Motors (Mullen Realty) 5598, 5599 Goggins, William&Donna 5601 Buglion, James &Eileen 5602 Mohr,Robert&Christopher 5603 Zachariadis, Kostas 5605 Monaco, Andrew&Ann 5607 Yarosh, Frederick; Furlong, Sheila 5614 Drumm, Eugene&Evelyn 5619 LOCATION MAILING ADDRESS H LEE DENNISON BLDG.-4TH FLOOR ■ P 0. BOX 6 100 ■ (5 16) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER(5 I 6)853-4044 ,Deccin,ber 29, 2004 SUFFOLK COUNTY PLANNING DEPARTMENT Page 2 *Alternate relief appears warranted consistent with appropriate developmental restrictions, particularly as set forth by the Zoning Board of Appeals. 1 Very truly yours, Thomas Isles Director of Planning S/s Gerald G.Newman Chief Planner GGN:cc G\CCHORNY1ZONING\ZONING\WORKING\LD20041DEC\SD5516 DEC iv 9 ei 4/00 - i ` - 1 IJV O� LOCATION MAILING ADDRESS H. LEE DENNISON BLDG -4T1-1 FLOOR ■ P.0. BOX 6 100 ■ (5 1 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE. NY 1 1788-0099 TELECOPIER(5 1 6) 853-4044 .� ----- APPEALS BOARD MEMBERS •� p�� �'O Southold Town Hall Ruth D. Oliva, Chairwoman • 53095 Main Road Gerard P. Goehringery • P.O. Box 1179 Lydia A. Tortora :‘t%' i p �� Southold,NY 11971-0959 James Vincent Orly Jnd�. �1 �y�01 �ap��� Tel. (631) 765-1809 .� Fax(631) 765-9064 ... ..t http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD December 21, 2004 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZB Ref. No. 5538 Action Requested: Deck Extension/Above Ground Pool; Bluff Setback Variance Within 500 feet of: ( ) State or County Road ( x ) Waterway (Bay, Sound or Estuary) ( ) Boundary of Existing/Proposed Village, County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures APPEALS BOARD MEMBERS ,,'/05 6.'Q Southold Town Hall Ruth D. Oliva, Chairwoman ���j Gym; 53095 Main Road Gerard P. Goehringer , y 2 P.O. Box 1179 Lydia A.Tortora-' 1 Southold,NY 11971-0959 SP Vincent Orlando y Os Tel. (631) 765-1809 James Dinizio,Jr. �l * �a.�!��� Fax(631)765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD November 17, 2004 By Regular Mail and Fax Transmission 878-8951 Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940-1222 Re: ZBA File 5538 — Kevin and Susan Ferrell Dear rs. i o: Please find enclosed a copy of the variance determination rendered by the Board of Appeals at its November 4, 2004 Meeting. Please be sure to contact the Building Department (765-1802) regarding the next step in the building and zoning review process. You may want to furnish an extra copy of the enclosed determination when submitting any other documents or amendments during the final review steps. Thank you. Very truly yours, Linda Kowalski Enclosure Copy of Decision 11/17/04 to: Building Department (a611- Lotsu-�of�d /YJr. f/11-s _ ins,��e tit ^110 ✓ FAX •NO. : 631-878-8951 AI-, ^ct. 20 2004 10:17AM P1 / Q0\14/ CATHERINE MESIANO , INC . o 12 MILL POND LANE / 2)'\ EAST MORICHES , NY 11940 ` PHONE / FAX : 631 . 878 - 89511 e - mail : cmesiano@optonline . net fig... 2 - L4OCTbt_co..4 \ -AS-_-fk 2 ® 20044 ''t-' Dn� k�;_J a'17k.6 October 20, 2004 Ruth oliva, Chairwoman BY FAX: 765-9064 Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 RE: Kevin & Susan Ferrell Dear Mrs. Oliva: During the last hearing for the above referenced application, we indicated that the Ferreil's would provide an engineer's report to substantiate our position that the then proposed pool would have no deleterious effect on the bluff. Since the pool design has been modified (new plan submitted 10/7/04) we believe that an engineer's opinion is no longer warranted. In addition, the report dated June 24, 2004 provided to your Board by the Suffolk County Soil & Water Conservation .,,—, . District gave no indication of potential peril to the bluff as a result of the proposed activity. Therefore , we retract our offer of the above referenced engineer's report. Very truly yours, •// . /. Catherine Mesiano President 7---'\ \ :ii 5 — • c'Q\ i -I' A, ky Li •)) je,4 ,, .1( 1 1 1-‘ . \-- ' MIPI 14/**..3 �. 3 0 L7 ‘1 • . TRANSMITTAL WITHOUT COVER LETTER DELIVERED/I' / '7 /2004-TO ZBA OFFICE FROM: 7N,,21Nc Mss 14- iv d [ F. ' _ %; OCT 7 2004 . RE: Fe 2_12..6:1_( 7 0 o /e _SC'1 V / , ,v prOp-5 e' / /') � K ó U 4/ g jA 124_ t. (ens! J Ke.ii. /4l //if La 4/ - 1-1( .1--)14.rte,'. .5 6-74/oc_cA. )4 1) I 0 Ar '.-- g 0 1 . I( a ii r C24/V d ,--14‘,,,' i /S re.i CU it-e-,/ P/1'4:_ce u e i x iia_ /TLC COUNT\<:) Y OF SUFFOLI 6-.) Steve Levy JUL62Ci) County SuffolkExecutive ZONING BOARD OF APPEALS SOIL & WATER Thomas J. McMahon CONSERVATION DISTRICT DISTRICT MANAGER FAX: (631) 727-3160 (631) 727-2315 June 24, 2004 Town of Southold Board of Appeals 53095 Main Road • Southold, New York 11971 . Attention: Jess Boger, RE: Inventory& Evaluation A site inventory and evaluation was completed on the privately owned property located at 130 Lloyd's Land, Mattituck, as per the Town of Southold's request. The property is located on Long Island Sound,the adjacent to the property on the east is a residential lot and on the west is an access path for community residents. The approximate 50' bluff and beach are owned and maintained by the Honeysuckle Property Owners Association. The natural vegetation on the bluff in front of the Ferrell property is in good condition with the exceptions of a small area where lawn debris has been discarded. Some species noted were; Rugosa rose, bayberry, wild cherry, beach grass, poison ivy, honeysuckle, bittersweet, and sweet pea. The community access path is currently direct straight down the slope and has large several large holes. It is recommended to change the direction path to create a serpentine affect,which will slow the runoff preventing erosion on the bluff. It is, also, recommended to fill in the holes on the steps along the path. In addition, it was noted that the bluff on the residential property to the east has existing erosion with several large gullies and collapsed access stairs. It is recommended to re-vegetate with native species and install a berm along the top of the bluff to prevent the runoff from going directly down the slope. Concerns - Observation • Suggestions Application for a The property appears to slope up slightly No suggestions are variance for the before the bluff. The bluff is in good recommended. The installation of installation of an above condition with no erosion problems. an above ground pool would not ground swimming pool Existing vegetation is profuse and have an adverse affect on the at a setback of less vigorous. bluff. than 100'from the bluff. Enclosed for the property owner's convenience are the following documents: The Green Lawn Care Card List of recommended native species for North Shore bluff plantings. If there is any further, assistance needed please contact my office. Sincer-ly, 0 Shat , Frost District Technician Cc: Kevin & Susan Ferrell Cooperative Extension Building 423 Griffing Avenue RIVERHEAD, NY 11901 FRt)M : C MESIANO INC FAX NO. : 631-878-8951 ul. 13 2004 01:20PM P2 To; Cathy Mesiano bR\ �/ I'uly 12,2004 Re;Ferrel/Variance / Dear Cathy, I understand the ZBA Board might vote on my request for a variance this Thursday. In order to bring you up-to-date,please note the following; -The Association's President, Charles Bordsen,suggested he coordinate with other members on my behalf, which I agreed. He also suggested I mail to all members the request for vote forms received from the Association. I understand-that an overwhelming majority of the members voted to allow my request and only 3 members voted negatively. I have not yet seen copies of the vote to know which members voted No. -It was also suggested to me that I await the outcome of the ZBA's vote before initiating dialogue with my neighbors or member's who have voted against my request. I understand that the ZBA does not have the authorization or obligation to enforce covenants and restrictions of an Association,But,my request before the Board is solely related to a varisace regarding setbacks from the bluff; -If the ZBA does approve my request,I am hoping Mr.and Mrs.Mc Greevy and any Association members who have voted against our request will accept our invitation to walk the property so that we can discuss in person our proposal and we can address their concerns. Hopefully,they will be satisfied that our request for the pool would not jeopardize the bluff,and would be tastefully built with a new surrounding deck tucked upto and secured immediately behind our house.I also hope that Mr. and Mrs Capellino will also accept our invitation so that I can address their concerns regarding their view. I hope they will agree that there will be no obstruction of their view where not already blocked by summer growth or by year round evergreens. Although they are not members of the Association, I do care about the quality of our neighborhood and want to be friendly neighbors. While it appears they are not year round residents,as property owners,they have every right to voice their opinion. Finally, I did receive a copy of the letter from the Soil+Water Conservation District, I was pleased to note that they stated that the installation of an above ground pool would not have an adverse affect on the bluff and that it was in good condition and vegetation is profuse and vigorous.I will rectify the one small area of concern noted in their report. However, it was also interesting to see the report specifically cited the erosion on the Association's path to the beach and recommendations to help limit/prevent erosion to the bluff caused the path and to fill in dangerous holes in the path. furthermore,I also noted in the report that there is existing erosion on the property to the east with several large gullies and collapsed access stairs. I wonder if the asphalt path down the middle of their yard has contributed to the serious oondition, I plan to attend the next Board hearing and hope that they will vote in favor our request. Aside from the request for the pool and new decking,I still need the Board's approval to. rebuild/repair and bring upto code the existing deck which is 91.5 feet from the bluff; 1 will not be extending this any further than the 91.5 feet, please call if questions Thanks again for your help. Ike ' + usan Fe ell I i � 5>( 9- - / o4 . ATRICIA A. FINNEGAN �i�'', JOSHUA Y. HORTON TOWN ATTORNEY II,';O$UF . eo ` Supervisor patricia.finnegan@town.southold.ny.us Ile 4 L p d Town Hall, 53095 Route 25 KIERAN M. CORCORAN ; y Z P.O.Box 1179 ASSISTANT TOWN ATTORNEY ; - It, ,I Southold, New York 11971-0959 kieran.corcoran@town.southold.ny.us 0 � y6� �O��i�1 Telephone (631) 765-1939 : LORI HULSE MONTEFUSCO 1 �.i Facsimile (631) 765-1823 ASSISTANT TOWN ATTORNEY ......'. lori.montefusco@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD ,r 11< JUL 1 5 2004 zOrN1At 22ARD Off'AP��ALS MEMORANDUM To: Members of the Zoning Board of Appeals From: Kieran M. Corcoran, Assistant Town Attorney Date: July 14, 2004 Subject: ZBA Consideration of Restrictive Covenants • You have asked whether the Zoning Board of Appeals --in ruling on an application for a variance, may conside4the existence and t ms of private covenants and restrictions (such as those imposed by hom _owners associations or pursuant to subdivision approval) affecting the subject property. The short answer is no. The New York Court of Appeals has stated, and recently reconfirmed, that the enforceability of restrictive covenants is "separate and distinct" from the authority of a Town to grant approvals under its zoning power: "a particular use of land may be enjoined as in violation of a restrictive covenant, although the use is permissible under the zoning ordinance and the issuance of a permit for use allowed by a zoning ordinance may not be denied because the proposed use would be in violation of a restrictive covenant." Chambers v. Old Stone Hill Road Assocs., Ct. App. N.Y. No. 15 (Feb. 24, 2004) (citing Matter of Friends of the Shawandunks v. Knowlton, 64 N.Y.2d 387, 392 (1985)). In short, irrespective of the existence of a restrictive covenant, the Zoning Board of Appeals must make its determination based upon the applicable State and Town standards for the granting of a variance. It is important to note, however, that at least with respect to area variances the New York State Town Law §267-a provides that the effect on the character of the neighborhood is a necessary consideration. It is also important to note that parties may enforce in Court their restrictive covenants precluding certain activity even if a variance may be granted permitting such activity. I hope this has been helpful. Please do not hesitate to contact me with any further questions or concerns. KMC/Ik cc: Members of the Town Board Patricia A. Finnegan, Esq., Town Attorney Town Clerk / 2 OFFICE OF WING BOARD OF APPEAL 53095 Main Road Southold, NY 11971 Email addresses: Linda.KowalskiATown.Southold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-9064 FAX TRANSMISSION FAX# F7k-??57 ATTN: &&dd rl,,lrP_/Q�� DATE: 7 / /2 /2004 SUBJECT: diL.AA.¢-2:Q _ 74 575-2 F 6/� dC zeid In/2,0 41) MESSAGE: Please find attached copies for your information. n di d 7A/Q .) d° el-<20 04.-1A44/1 QA44/1 ) i� i7,6, z 2 p (�m1ix «amu Please f I free to call if you di of receive all sheets betifeen 8-4. Thank you. Cbz/ 1/1.el aid"' Pages attached: r .T � G�� ai-LatO. \ COUNTY OF SUFFOL] ) RECEIVED p. V • JUL 6 2004 A Steve Levy ZONING S Suffolk County Executive ---�O.BOARD OF APPEALS SOIL & WATER Thomas J. McMahon CONSERVATION DISTRICT DISTRICT MANAGER FAX: (631) 727-3160 (631) 727-2315 June 24, 2004 Town of Southold Board of Appeals 53095 Main Road Southold, New York 11971 Attention: Jess Boger, RE: Inventory& Evaluation A site inventory and evaluation was completed on the privately owned property located at 130 Lloyd's Land, Mattituck, as per the Town of Southold's request. The property is located on Long Island Sound,the -: -__;,adjacent leAbe4aroper-ty Aheast�s� residentiaHot=and=zon=ttae=wgstAs A cessLaatla-farm-anuAity- :-- residents. The approximate 50' bluff and beach are owned and maintained by the Honeysuckle Property Owners Association. The natural vegetation on the bluff in front of the Ferrell property is in good condition with the exceptions of a small area where lawn debris has been discarded. Some species noted were; Rugosa rose, bayberry, wild cherry, beach grass, poison ivy, honeysuckle, bittersweet, and sweet pea. The community access path is currently direct straight down the slope and has large several large holes. It is recommended to change the direction path to create a serpentine affect,which will slow the runoff preventing erosion on the bluff. It is, also, recommended to fill in the holes on the steps along the path. In addition, it was noted that the bluff on the residential property to the east has existing erosion with several large gullies and collapsed access stairs. It is recommended to re-vegetate with native species and install a berm along the top of the bluff to prevent the runoff from going directly down the slope. Concerns Observation Suggestions Application for a The property appears to slope up slightly No suggestions are variance for the before the bluff. The bluff is in good recommended. Theinstallation of installation of an above condition with no erosion problems. an above ground pool would not ground swimming pool Existing vegetation is profuse and have an adverse affect on the at a setback of less vigorous. bluff. than 100'from the bluff. Enclosed for the property owner's convenience are the following documents: The Green Lawn Care Card List of recommended native species for North Shore bluff plantings. If there is any further, assistance needed please contact my office. Sincer-...1111"41110 ly Shar:• Frost District Technician Cc: Kevin &Susan Ferrell Cooperative Extension Building 423 Griffing Avenue RIVERHEAD, NY 11901 • CC)143 OUNTY OF SUFFOLK • • a Steve Levy • • SUFFOLK COUNTY EXECUTIVE SOIL AND WATER Thomas J. McMahon CONSERVATION DISTRICT DISTRICT MANAGER FAX: (631)727-3160 (631)727-2315 Ruth D. Oliva, Chairwoman Southold Town Board of Appeals 'i` 53905 Main Road• , P. O. Box 1179 Southold, NY 1 [971-0959 JUL 6 2004 June 3 0, -2770 ZONING BOARD OF APPEALS Dear Ms . Oliva: We have completed a Site Inspection of the parcel owned by Peggy Atkinson, located at 220 Sound View Avenue in Peconic, your file number ZBA 5564, on his day. The parcel is mapped n the Suffolk County Soil Survey as (Du) Dunes and (Bc) Beaches. At t beachfront the high tide does not reach the toe of the dune slope. This beachfront is building due to the jetty entrance to Goldsmith' s Inlet . Plant cover on the dune is in good condition. No signs of e, osion are evident . The rear yard is basically beach sands . Downspouts 'rom the house exit onto the ground surface . No erosion is evident her:- due to the high permeability of the sands. The house already has the .[eck added to it that had been denied before this Appeals request. Surface water runoff from the added deck will also infiltrate rapidly into the sands and not cause any erosion problems. If you have any further questions, please feel free to contact us again. - Best Regards, pA Jc. Paul TeNyenhuis, Senior Soil District Technician 423 GRIFFING AVENUE SUITE 110 . RIVERHEAD, NY 11901 )(' et;E fc_e E L., L Ms. Oliva, and Board Members July 2, 2004 i / OZ/0 After attending last nights meeting, I was amazed and disturbed that so much misinformation ,lack of information, deleted information, and facts were presented by Jerry Goehringer(further referred as JG) His analysis and presentation of this variance was flawed by confusion, and facts not pertinent to the problem. re: Mohr's estate, South Hampton, an elevated pool on stilts, and the fact he has lived here since 1948. This variance is not a 35 foot extension on an existing porch, it is a quality of life issue, an environmental issue that can have permanent damaging effects to our properties. even with all these proposed rings. When he spoke of the"the neighbor to the East" not only was this insulting, but reinforced my belief that JG 's decision was made prior to these meetings,and made public when he waved, and referred to Mr. Farrell as"Ked". The flippant arrogance of JG to suggest that a 24 X 15 foot pool is a hot tub, is his continued attempt to minimize and diminish any opinion other than his and the Farrells . A pool containing 11,000pds { not 1,100 } /4200 tons of water is not a hot tub/sauna 1 I 1 . confirming my belief that he alone is not qualified to make this decision...proof in his result with incomplete mistaken misinformation.. This decision should be made on abiding by legal covenants , respect for all the neighbors, quality of life, and the change in my tax paying view of the Sound. When anyone takes on the mantle of serving in a public office, elected or appointed, their job is serving ALL their constituents, not a selected few. Ms. Oliva I invite you to see what I am trying to protect....it will be obvious to you as you go up the driveway....., and down to the bluff. Thank you for your time and attention to my letter. "the neighbor to the ea " 'se Cappellino / Cc: Josh Horton /I/ /1 , — RFCEPIED JUL .8 2004 • ZONING BOARD OF APPEALS t ' June 18, 2004 Dear Neighbor; Re; Honeysuckle Hills Property Owner' s Association Dear Neighbor; We have been residents for only a short while and were not aware of the Association covenants/rules to abide by. Having only read them yesterday, we appreciate that they exist for our mutual benefit and enhancement of our properties. We started a process about 7 months ago to rebuild our existing deck to improve its safety, conform to town codes and enhance its beauty. We planned to add a small pool completely within some new decking, immediately behind and tucked close to the back of our home. We've invested a considerable amount of time and money in engineer designs and permits to bring this about. Had we known, we would have first discussed our ideas with the Association members . We ask the members to allow us to install the pool completely within a enhanced deck design. Please find herein; a drawing of our plans, a brief letter prepared by the Association requesting your vote, and a stamped envelope 'addressed to Charles Bordsen for you to return your vote. We hereby confirm to you that; -The pool will be of high quality (15 ' x 24 ' oval) , professionally installed very close to the backside and immediately behind our home. -Wood decking will totally surround the pool and be connected to the rear of our home. Wood lattice will surrounding the perimeter below the deck and will tastefully add to the deck design and overall appearance. -All will be built and installed in accordance with all Town and County regulations and codes. We ask that you kindly reply to this vote request as early as you possibly can. Should you have any questions, please call. Thank you for your time and consideration. Kevin + Susan Ferrell 130 Lloyd' s Lane, Mattituck, NY phone; 298-5560 work phone; (631) 467-6655 arc I. 1. . . • . ..c.A . ...... ... ... •...• ....2.:::. :.-. .. \:.!:ININ.1)"............•-••••••,.....,,.!,;,• •. ....• •,.........,..,,, •.••..•...........................•......... '.;•t v.:0:7-.._...-.....:..-.............:...... --........=1..... .....:%.\ , • ..... • . ..,.\\;...\... ........ ... . ._. .. ...... ........ • '‘,..• • - ••••..,-;-,...$-- k..-..----.---------- ,, ,, --. 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AL,Alrieffffigt. 42 V 11 I 11 MS II AI W• • ••.... •.• •;.".• ;• : ......•:•••••-1 . • t• , 6441 Olt • le 5,• - .. 3 - 1 . . • ''''' -••)„, v ‘05. '-'2_.?.., 4:I dill• i&CL 1 ) 9 4 . ,........ 10• ........-.------(=:1••••-•'• ,,,•••• eill .• 0 •• s's.. . ...• Ca. • ...' ••• l - e 'to Coarl`te ----.-; ..- NITA t - te:ne- ....._ . .. ..... 1:11 -___------ ' HONEYSUCKLE HILLS PROPERTY OWNERS ASSOCIATION, INC. r MA=UCK, NY I have received the proposal from Mr. &Mrs. Kevin Ferrell, 130 Lloyd's Lane, and am aware of their request to install an above ground swimming pool on their property. I am aware that Mr. &Mrs. Ferrell request permission to install the proposed pool against covenant number ten of the Honeysuckle Hills Property Owners Association, which states "no swimming pools shall be constructed above grade." I do / do not object to this proposal. Circle one, and return to:Charles Bordsen 235 Lloyd's Lane Mattituck,NY 11952 Signed: Address: Date: mom .Z. /4--5'-6" i 1-6" Existing(2)2x10 and 4x4 Columns /® / ew(2)2x10 CCA \ N / / Girder with 4x4 CCAxisting(2)2x10 / Columns and Footings and 4x4 Columns / / � See Sketch A New(2)2x10 CCA o New(2)2x10 CCA Girder I / Girder / / co y o M New 4x4 CCA Columns i / on Footings See Sketch A \ 1.6 ± mn I New 4x4 CCA Columns i A I on Footings See Sketch A 6'± New 4x4 CCA Column I on Footing Se:Sketch A I I xisting Ledger- A Install New GalvanizedMr I %"Lag Bolts 32"0C " Though Ledger into Rim Board xisting Ledger- I I Install New Galvanized Replace Rusted Joist Hangers with Galvanized %"Lag Bolts 16"OC Simpson LUS 28 Joist Hangers Through Ledger into Rim Board %"L� 22x8 tinsI New(2) nns nd 4x4 Columns on Replace Rusted Joist Hangers with Galvanized t B I footings See Sketch B Simpson LUS 28 Joist Hangers I I New 4x4 CCA Column A.,,to on Footing See Sketch B I rit Al:116 -3Y'II 42( 12.5 or I I All Joists kis Ind Girder �L� ) zap.... a_ r' I _ New(2)2x8 b -�G) � C - �' and 4x4 Columns ��� I 1' od 11 New 4x4 CCA Column A AL) '6) on Footing See Sketch B I Install Simpson H2.5 or H3 for' , Hurricane Ties Between All Joists nd Girder and Bolt Girder to C1 „_,alz,g, Bwoitihts(2)s Hot Dipped %” Existin 2x8 FJ • 24"OC 1 ,,o\-2A October 20, 2004 To; Ruth Oliva, Chairwoman Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, N.Y., 11971 Re; Ferrell Variance Request Dear Mrs. Oliva and Board Members, I hope you do not object to me delivering to you to this short letter addressing some claims made by a few at previous meetings 1. My husband and I are not"liars", as stated by someone regarding the Association's voting results of the proposed above ground pool. Votes were cast. Then, due to relentless phone calls, some members changed their vote. This has been documented. 2 We are not "newcomers". We are both Suffolk County born and bred. We have lived on the coast of Long Island all our lives, and have actively protected the shores, water and environment. We have never and will never do anything to harm, destroy or disturb the integrity of our ANY of our natural resources. 3. So much has been said about the risk to the bluff with an above ground pool. Yet, the Soil+Water District has disputed this. The claim that a pool and additional deck would affect their view of the sound is untrue. It may affect the view of our immediate backyard. But, that's all. 4. With all the concern about protecting the bluff, nobody has mentioned the neglect and failed maintenance of the bluff on some nearby properties that is in need of immediate attention. It is already causing damage to the bluff and in some areas is affecting properties. In addition, the Association path is in disrepair and is dangerous. The Soil+Water District has also stated that it is also affecting the bluff. I hope that these repairs that are so desperately needed will be addressed with the same vigor and resolve as we have seen at.some of these meetings. I want to thank the Board for hearing our request and hope you will grant us the requested variance to the set back. Thank you for your time. S.• erely, :RIS .) .f . .n . Ferrell / . , V ` V ` 1411 'Thi-N `0116 �. ,, a cv t ,,pall 6•ZW ° `\--_ ,/-- C-V"1Lll'C- �-N Aa Tlilt: +Ne°CR Vii, I ,A• AREA v.4-P° „REP, elk Zlw` I 05EAND 169011 �p i PARK 03.63 co 9. # -s,s 7,l' ♦ O�/C LI @i N 11 V NE A . R AREA ♦ 4�7 RESER pp9 ‘11:%C".11 : LOCI PARK „>P ts9r 1 . i =i 1pd ne IOC 1 m ®-�° Q N ICF \\ C I.. j * 6 ; \ L L- 00:600600 SE 11' \0 __ ; y� \No73 .i,6E. r 1. 01 5 °ca1201 \ i'+ 7. Z 1 1 TOO paurt 7” `��1'1 •Ili +vs�yF i Mi. T'1 414 ° 3 90 rn ' t ' 4-0- ilt........--„. \ c?,,, O Pit-- 4t,' ':C 6,,C ol -073 izI(A Ka- 77 ct, od \ 4 / 1 - op \. \a 9fq 11% V 2 1P o 1F 0 o .. \ 9 11, ®A I * 14Z' n '4.;:j...)-4- 'e * 1 ,c.e., ..., • V . 4'Po --9!-----•®. �q�f- S'B�t 23 00 'W 133.30' d �o�ALLOYD'S LANE (50' WIDE) 4. (P614.>0"11-) r•• ,. °3i leto. .,,.." -3- ---. ir.. NOTES: 1) EXISTING HOUSE AND GARAGE AREA = 1,880 SQUARE FEET In 2) EXISTING WOOD DECK (TO BE REPLACED) = 770 SQUARE FEET 3) PROPOSED A.G. POOL AND DECK = 860 SQUARE FEET GUARANTEED TO: KEVIN M. & SUSAN D. FERRELL AND TO: FIDELITY NATIONAL TITLE INS. CO. OF NY PARCEL AREA = 46,162.89 SQUARE FEET = 1.0598 ACRES AND TO: WASHINGTON MUTUAL BANK _ IR IF :IF B 05- 1 4-04 ADD PROPOSED AG POOL MAY 1 7 -,C34 A 04--06-02 OUTLINE SURVEY VICo. /-. REV. DATE DESCRIPTION U • ORIZED ALTERATION OR AD ITION TO THIS Surveyed by: LOT # 6 S =:ISli•INg MoJD8toT ON ?,§ECTI 7209 OF THE SUFFOLK COUNTY TAX MAP ON THE MAP OF NEW YORK S-ATE"'EDUGATION':tA COPIES OF THIS Francis X. Karl L.S. SURVEY MAP NOT BEARING THE SURVEYOR'S INKED 27 Arthur Avenue DISTRICT 1 000 "HONEYSUCKLE HILLS" ' SEAL OR EMBOSSED SEAL SHALL NOT BE SECTION 099.00 F7�0 MAP CONSIDERED A VAUD TRUE COPY GUARANTEES Blue Point, N.Y. # 7019 — FILED OCTOBER 18, 1981 INDICATED HEREON SHALL RUN ONLY TO THE 11715 BLOCK 03.00 SITUATED AT: • PERSON FOR WHOM THE SURVEY IS PREPARED, LOT 004.006 AND ON HIS BEHALF TO THE TITLE COMPANY, (631) 363-2891 Phone MATTITUCK, GOVERNMENTAL AGENCY, OR LENDING INSTITUTION C GUARANTEES ARE NOT TRANSFERABLE TO (631) 363-2892 Fax DRAWING NAME: 13OLLO2K.DWG TOWN O r S O U T H O LD, ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERSSUFFOLK COUNTY, Scale 1 "= 50' FILE NAME: 13OLLOASC NEW YORK 1 gillit ;V44 ;'y, iht'S .�C {fir /'�/\ /V1 M M 1S,-NNS NG rv—N "..(Th /Y\ `tom 0''''' 0- -z • - /v\ w V$ �M' ar'da - i I o i p 4: (IN Wein ta+ % P t1C PNS ,� nl t�6 FJt / oa L �• tiL CW 501ti V IK ii1 Ep ttv$.0-c' i �f ' SCa9CP • '� ,[1."`r'�t PSK i IA itsi \ \• 9 t 'Ili \ % n o ip T3-') 6 \ 4 01031: � ti �• as f 1 0 s 011 w5N gp31-- A L ut � n tam G \ R o\ .d � '' N r ,,11 •SA" 6d gx \\ 1\ aypvw Q�� GO' S t�T Da Lfi•.E► 1r a iA 9 v .LAD t] Pt r 0 t. -- 'ilt \ 81 /li CI or, 4,`'- 1/44 S .' , \F e r, \0 , pv \4 . \-41 - 6 (A) V 73 \0 -� ' T,; ZIP 8 E !%Ili O Jp "yy �. le„,.�[11 01- it1 ii t,,-,-,,,...,,,\ (7-- s;' S89.23'00"U 133.31' Z ,- t� v�,J-J`�l 5 d \As No•DSG1 .o' LLOYD'S LANE �rFSSIO_____,�\ / (50' WIDE) 4. M NOTES. \ 9L 1) EXISTING HOUSE AND GARAGE AREA = 1,880 SQUARE FEET In 2) EXISTING WOOD DECK (TO BE REPLACED) = 770 SQUARE FEET Z 3) PROPOSED A.G. POOL AND DECK = 860 SQUARE FEET G (h GUARANTEED TO. KEVIN M & SUSAN D FERRELL , AND TO: FIDELITY NATIONAL TITLE INS. CO. OF NY PARCEL AREA = 46,162 89 SQUARE FEET = 1.0598 ACRES AND TO. WASHINGTON MUTUAL BANK B 05— 1 4-04 ADD PROPOSED AG POOL A 04-06-02 OUTLINE SURVEY RE-7I DATE DESCRIPTION UNAUTHORIZED ALTERATION OR ADDITION TO THIS Surveyed by: LOT # 6 suRNEW YORK STATE EDUCATy IS A VIOLATION TIF ION LAWN 7209 OF THE COPIES OF THIS Francis X. Karl L.S. SUFFOLK COUNTY TAX MAP ON THE MAP OF SURVEY MAP NOT BEARING THE SURVEYOR'S INKED 27 Arthur Avenue DISTRICT_1 000 "HONEYSUCKLE HILLS" SEAL OR EMBOSSED SEAL S NOT BE SECTION_099.00 FlLED MAP / 7019 — FILED OCTOBER 18. 1981 CONSIDERED A VALID TRUE COPY GUARANTEES Blue Point, N.Y. INDICATED HEREON SHALL RUN ONLY TO THE 11715 BLOCK 03.00 SITUATED AT ANDPERON ON HIS BEHALF TO THE VTTLESCOMPANY,PREPARED. 631 363-2891 Phone LOT 004.006 GOVERNMENTAL AGENCY, OR LENDING INSTITUTION ) MATTITUCK, GUARANTEES ARE NOT TRANSFERABLE TO (631) 363-2892 Fax " TOWN OF S O U TH O LD, ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS DRAWING NAME- 13OLLO2K DWG SUFFOLK COUNTY, Scale 1 "= 50' RLE NAME: 13OLLOJSC NEW YORK \,:,.\-‘\'•\,1tt,,'vx..„\, 1! 1.-„ 1-1-------- - N- .'NN'1`N';::, '-: - :‘,---.--\1\\\,'.\,,,;',.:I::-11----:----1-1-:_ 1, t \ \, . _ _ 11\ /-/J _,1 - • :. -Pr ko0 e ,,` - - Ei5 T NG D K , ,,,., , , N. . \ 1 ---- -----\---- .et. 4., /:.-2,, '. •v . ',,,I>,..\\--7, 7. • .• \ I ,. •' -,'--- ;-:-i----, --,- ----'--t,---; -- ---1- 1------1-' --_ / j- '_ p�' _ ,� r` \ :::. A.:,/ -- , ... , - 1 e PI Z Z13 0D m rn 0 ?:3-c) L-' m W N < (n \ \) -5; c="c E Gri ci..„ cA r UCIN 1 � ,nr i n' DI I" - tGr''- /-•(--NN a �� -' �m �, SppN11 r-.r. LDNG /-1/-\ ' .w.-' &104-16 et WR4,111(6 . uFifeixi577.- ,, 9 �P 1a" �W w v ra 6Z -) c0, % RSER�Cn REcSZ `t / r �! �� ii P psa. 143-691 ,a d a� rIV aI� /J W / � R ,5� E q MY POS) -,SE �1� � CivN'2 (N�4eKl0 /10 )d 11-311 Yx t/ " . V4 • (r G k % O_ o f. CO A-11* .. ..,, • LOT wLd C A U111-Clfr411° milk . .."4,‘ 1.04‘ %‘D• . -,;..IP --110.1,7$ .ice j1J • 7 19� Jna „loll I.fign• ISO. ‘,_ • mo `o II -0v •• • AKg� 9d d • \tt •:Ice 1.. \ (t. . • 0 42014g, ur foci • a • of NE�Y S89�'23'00"W 133.30' y��`��? "• , ' LLOYD'S LANE '� ,1! 0�•�� (50' VIDE) tit . ;Jkif.D.,. ,_ cf , ~' lac SJ No.OL O • �FfsS10�N��P� • • o GUARANTEED TO' KEVIN H. 8. SUSAN D. FERRELL AND TO1 FIDELITY NATIONAL TITLE INS. CO. OF NY PARCEL AREA = 46,162.89 SQUARE FEET = 1.0598 ACRES AND TOs WASHINGTON MUTUAL BANK • • i • A 04-06-02 OUTLINE SURVEY R . DATE DESCRIPTION ITHORIZED ALTERATION OR ADDITION TO THUS Surveyed•b EY is A VIOLAT)ON OF SECTION 7209 OF THE • Y LOT , s _-- _- YoRx sTATE EDUCATION LAW. COPIES OF nits Francis X. Karl L.S. SUFFOLK COUNTY TAX MAP - 1;Y-u2 NOT BEARING THE SURVEYOR'S.INKED - 27 Arthur Avenue [DISTRICT 1 000 "H4 ON THE MAP OF OR.EUBOSSFD SEA.. SHALL NOT BE HONEYSUCKLE HILLS" -. :TE ER£ON SH�ILLERUCN ONLY TO THE Blue Point, N.Y. SECTION 099.00 num # 7019 FILED �T 16, 1 8i , 3N FOR WHOM THE SURVEY IS PREPARED, 1 171 S BLOCK 03.00 SITUATED AT: DN.HIS BO-I_F TO THE TITLE cOUPANY, (631) 363-2891 Phone LOT 004.006 MATTITUCK, :NUENTAL AGENCY. OR LENDING' INSTITUTION. • %'1TEES ARE NOT TRANSFERABLE TO (631) 363-2892 Fax TOWN OF S O UTH O LD, 3m' Tr[ma)s OR SUBSEQUENT HERS DRAWING NAMES 130LL02K.DWG Scale 1 "= 50' FILE NAME: 13oLLO.ASc SUFFOLK COUNTY, NEW YORK I / •;.--- . R J F { E.00 age r' ��aG ePR°` a \ ... 1 .1 ae . 20. • • •VH� °'/• e, Ire.- ODO as V . . I. • . 1 o O 0.... (A . \\\ Ar eaRecreanon d \ 63 Reserye a\ ,.E - Iq3 E'- ay H Park \\ N /Z,1,�'So. WI \ ----- �yvF O p • SDP Lot 663 s4 ft 1 ID' ��'' e Area" 46 Nti'o titer Goc( O A �' for'" e ,- �, N rl \' K�tN� 0 0r 1' O $JILptNG$ES `• `3I 92 F °J. 1OT. V4 es M m r�„E. �i 0 e-'." G►arl 2r O .-;-,...0 T •T0e9o ",- mb °N fygT6','\ 'L � tl:$ % '7 0 v '3 �A1 I� L �A. c :,II o 9VI n La f 5 A \�� SI IT.1, a 6 N 01 W O �Y O W )- ID v C D LU N A Op rn O / m 1, I "ti IV i 0 � ;J'' E°5100 c N61 CS I , D 103 - I I.I I I I 0 NV) c S 89°23'00" /3330 w w 4 f v ca Y� LANE 0 .0 l( ''''') . <... m '•• z c �-- —_ 1 / SURVEY FOR ' ( DR. ,YELV/N MOR, LOT NO S, H/O� SUCKLE HILLS " ✓l AUG29,NE ,/985 tiL.Mgr— GFEtCX G /9, /985 DATE AUG / /985 TOWN OF SOUTHOLD SCALE / " = 50' SUFFOLK COUNTY, NEW YORK NO 85-//3c,' M UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION Of SECTION 7209 OF THE , I I (ti y NEW YORK STATE EDUCATION LAW LUQ M COPIES OF THIS SURVEY NOT BEARING THE LAND �,` 9 W• Y HOT SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SNA.. //Y' NOT BE CONSIDERED TO BEA VALID TRUE COPY ‘v HEALTH DEPARTMENT-DATA FOR APPROVAL TO CONSTRUCT )(GUARANTEES INDICATED HEREON SHALL'RUN ONLY TO 1 THE PERSON FOR WHOM THE SURVEY IS PREPARED 4C r rr,y)it" *NEAREST WATER IIAIN_NI *SOURCE OFWATER. ./ AND Cti HIS BEHALF TO THE TITLE COMPANY,GOVERN- i1,�y1•• °PRIWTE_PUBLIC_ MENTAL AGENCY AND LENDING INSTITUTION LISTED 'G 14 SLFF CO.TAX MAP DISTil. SECTION°�_BLOCK J LOT.. ...._ HEREON,AND TO THE ASSIGNEES OF THE LENDING a. *THERE ARE NO DWELLINGS WITHIN 100 FEET OF THIS PROPERTY INSTITUTION GUARANTEES ARE NOT TRANSFERABLE OTHER THAN THOSE SHOWN HEREON TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT f/ { *THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM FOR THIS RESIDENCE OWNERS c��„- F?58954 WI!!CONFORM TO THE STANNROS OF THF.SUFFOLK COUNTY DEPA PTu.uT *DISTANCES SHOWN HEREON FROM .pn......, OF HEALTH SERVICES APPLICANT. - , IV AL USED TO ESTABLISH `��� PROPERTY LINES OR FOR THE ERECTION Of FENCES ADDRESS TEL YOUNG a YOUNG 400 OSTRANDER AVENUE NOTE' ■ = MONUMENT FOUND A STAKE FOUND RIVERHEAD,NEW YORK SUBD/V/S/ON MAP F/LED/N THE OFF/CE OFTHE CLERK Or, ALDEN W YOUNG,PROFESSIONAL ENGINEER SUFFOLK COUNTY ON OCT %6,/98/ASF/LE NO 70/9 AND LAND SURVEYOR N YS LICENSE NO 12845 A =STAKE SET HOWARD W.YOUNG, LAND SURVEYOR (DIE LOCATOI OF WELL(W),SEPTIC TANK(ST)B CESSPOOLS(CP)SHOWN HEREON N Y.S LICENSE NO 45893 WE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHER5 i (DYNE IOST NOI779 • PROJECT DESCRIPTION (Please include with Z.B.A.Application) Applicant(s): CA r#-ien i Al C M t$ 1 �►M D � t C Owners: K �'V, 1�f 5 vs A n! F 2+Q t c.c. I. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and overall square footage of extensions beyond existing building Dimensions/size: * 2 5 2' Square footage: ± goo i92 int ludii'9 i/es Pod) B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: (\ Q n e. Square footage: If a sign is proposed,please: A. Give dimensions of existing sign with photograph or sketch with details. B. Give dimensions of new sign. C. Is the new sign replacing an existing sign? Yes_ No . If If so,please explain: II. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square footage: n Height: III. Purpose and use of new construction requested in this application: e X a r[) e.X 154 I h 1, d eck. a, 'e uAd pro posed ,4/6 Poo , IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven(7)photos/sets after staking corners of the proposed new construction. 7/02 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? U Yes X No B. Are there any proposals to change or alter land contours? U Yes yNo C. 1)Are there any areas that contain wetland grasses? h a 2)Are the wetland areas shown on the map submitted with this application? rl 0. 3)Is the property bulk headed between the wetlands area and the upland building area? 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? (1 l A. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? X16 (If not applicable,state"n/a".) E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? AO n C (If none exist, please state "none") F. Do you have any construction taking place at this time concerning your premises? (1 D If yes,please submit a copy of your building permit and map as approved by the Building Department. If none,please state. G. Do you or any co-owner also own other land close to this parcel? r i D If yes,please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel Single 'fgt.Al a 'y res 1 p C r+e e- and proposed use 64 m , /%4444442# t.B. Authorized Signature and Date r- 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION(To be completed by A plicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME KEVIN&SUSAN FERRELL 130 LLOYD'S LANE 3. PROJECT LOCATION:' Municipality MATTITUCK County SUFFOLK 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) N/W CORNER LLOYD'S LANE&SOUNDVIEW AVENUE,MATTITUCK 5. PROPOSED ACTION IS: ❑ New Od Expansion ❑✓ Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: REPLACE EXISTING 15'X 50'(IRREG)DECK AND ADD 25'X 32'(IRREG)DECK EXTENSION AND A/G POOL 7. AMOUNT OF LAND AFFECTED: Initially 1.06 acres Ultimately 1.06 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 0 Yes ✓ No If No,describe briefly PROPOSED SETBACK TO BLFF OF 85' 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? p✓ Residential [J Industrial El Commercial []Agriculture [] Park/Forest/Open Space 0 Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR LOCAL)? ❑✓ Yes No If Yes,list agency(s)name and permit/approvals: NYSDEC(N-J),TOWN TRUSTEES(N-J),BLDG.DEPT. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 0 Yes ❑✓ No If Yes,list agency(s)name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes 0 No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor me: CATHS' I MESIANO,INC.,A _NT FOR FERRELL Date: 5/1/04 Signature: t��t.: / //law . If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 t r 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 whateveractionis necessary to avoid same. YOUR NAME: e v in I�L°✓ r I f (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 Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", 1! name the activity: &in e e, Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO If you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe 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 th. d. o ;�e ' I 1104- Signature: - ;l Print Name: Re: Kevin & Susan Ferrell 130 Lloyd's Lane Mattituck, NY AUTHORIZATION I/We, Kevin Ferrell II, residing at 130 Lloyd's Lane, Mattituck, NY do hereby authorize Catherine Mesiano, Inc. to apply for permits/approval from the Southold Zoning Board of Appeals, Southold Board of Town Trustees and the New York State Department of Environmental Conservation on my • aif. 2‘ /// Date:--1/7/e, Sworn to before me this I day of 7 , 2004 Notary Pak MARGARET PEACOCK Notary Public,State of New York No.49781722 Qualified hi Sufolk County Term Expires March 90, 3_a Kevin&Susan Ferrell 130 Lloyds Lane.Mattituck "SCTM#1000-99-3-4.6 § 100-239.4. Building setback requirements adjacent to water bodies,and wetlands. [Added 3-14-1989 by L.L.No.3-1989; amended 11-24-1992 by L.L. No.20-1992; 6-15-1993 by L.L. No. 8-1993] Notwithstanding any other provisions of this chapter,the following setback requirements shall apply to all buildings located on lots adjacent to water bodies and wetlands: A. Lots adjacent to Long Island Sound, Fishers Island Sound and Block Island Sound. (1) All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank. FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold,N.Y. Certificate Of Occupancy • No 212645 Date �'uly 27 84 19 . . . THIS CERTIFIES that the building new dwelling Location of Property • 130 Lloyd's Lane Mattituck Nouse No. Street Hamlet County Tax Map No. 1000 Section 099 Block 03 Lot 4.6 Subdivision Honeysuckle Hills' • Filed Map No. ?019Lot No. 6 .. conforms substantially to the Application for Building Permit heretofore filed in this office dated October 5 12673Z , 19 .83 pursuant to which Building Permit No. dated October 9 I9 £3 ,was issued,and conforms to all of the requirements of the applicable provisions of the law.The occupancy for which this certificate is issued is new dwelling. The certificate is issued to WINDSWAY BLDG. CORP. (owner,lessetrer-rearamtl of the aforesaid building. • Suffolk County Department of Health Approval 13—S0-175 • UNDERWRITERS CERTIFICATE NO • N641915 . `./, Building Inspector Roc 1/81 • S 1 rk---tput), wier CATHERINE MESIANO, INC REC ,/ Licensed Real Estate Broker Real Estate Consultant MAY 1 'T 2004 V May , 2004 Ruth Oliva, Chairwoman Zoning Board of Appeals ZONING BOARD OF APPEALS Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Kevin & Susan Ferrell 130 Lloyd's Lane, Mattitituck SCTM# 1000-99-3-4.6 Dear Mrs.Oliva: I am the agent for the above referenced applicant who is seeking relief from Article XXIII Section 100-239.4A of the Southold Town Code for re-construction of a 770 square foot existing deck+91' from the bluff and an 860 square foot deck addition with above- ground pool 85'from the bluff. The subject site is a 1.06 acre waterfront lot located at the northwest corner of Lloyd's Lane and Soundview Avenue in Mattituck. The property is zoned R-40. The subject premises, including the existing deck was constructed in 1984, however, the Certificate of Occupancy (#Z12645) states "new dwelling" but does not specifically describe the existing deck. The deck extension is intended to accommodate an above ground pool. Enclosed please find the original and six copies of the following: 1. Notice of Disapproval dated 1/26/2004. 2. Building Permit application dated 1/21/2004. 3. Variance Application. 4. Owner's Authorization. 5. Z.B.A. Questionnaire. 6. Short EAF. 7. Transactional Disclosure Form. 8. Project Description. 9. Survey. Also enclosed is Mr. & Mrs. Ferrell's check in the amount of$400 for the application fee. I will provide you with elevations of the proposed structure under separate cover. Thank you for your attention to this matter. Very ly yours, / a herine Mesiano President Enclosures 12 Mill Pond Lane • East Moriches, New York 11940 • 631.878.8951 • ELIZABETH A.NEVILLE �'4 ��` Town Hall, 53095 Main Road TOWN CLERK ; P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS \;® ®�4����, Fax(631) 765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER ®d `�►.' Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER ���, ,,.••� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: May 18, 2004 RE: Zoning Appeal No. 5538 Transmitted herewith is Zoning Appeals No. 5538 - Kevin & Susan Ferrell-Zoning Board of Appeals application for variance. Also included is Zoning Board of Appeals application; Area Variance reasons (2 pages); Reasons for Use Variance; Project Description; Zoning Board of Appeals Questionnaire; Short Environmental Assessment Form; Letter authorizing Catherine Mesiano to act on behalf of Kevin Ferrell dated May 7, 2004; Receipt# 65885 from Building Department;Notice of Disapproval dated April 19, 2004; Property Card for SCTM#1000-99-3- 4.6 (2 pages); Property Survey; Building Permit Application dated April 13, 2004 (2 pages); copy of Building Setback requirements; Certificate of Occupancy dated July 27, 1984; Transactional Disclosure Form and Copy of Survey dated June 13, 1996. Town Of Southold PO Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 05/14/04 Receipt#: 1014 Transaction(s): Subtotal 1 Application Fees $400.00 Check#. 1014 Total Paid: $400.00 Name: Ferrell, Susan 130 Lloyds Lane Mattituck, NY 11952 Clerk ID: BONNIED Internal ID:93977 teo(samil-'41) 4,-eJ� /� FORM NO. 3 1N.,j,�C_ ►,�-' `' ids jj,a NOTICE OF DISAPPROVAL DATE: April 19, 2004 TO: Kevin & Susan Farrell 130 Lloyd's Lane Mattituck, NY 11971 Please take notice that your application dated April 19, 2004 For permit for a deck addition to that existing deck at !�` C Location of property: 130 Lloyd's Lane,Mattituck,NY APR 2004 County Tax Map No. 1000 - Section 99 Block 3 Lot 44_6 ®���� �o��rt� ®F �e� q�s Is returned herewith and disapproved on the following grounds: The proposed deck addition and the proposed addition, on a conforming 46,174 square foot parcel in the R-40 District, is not permitted pursuant to Article XXIII Section 100-239.4A which states; "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff orbank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank." The proposed deck addition is located+1- 91.5 fedi from the bluff and the new construction will maintain that setback.. Total lot coverage, following the proposed addition,will be less than 20 percent. 10, Author zed S,gn. ure CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. -- ------------ -- - --- ,--v---. SDUN0 .,v OA i-.r� ,� 11;i. `'t --------- 50P411 /44476 gt- kii2itaff4 577X(16C1 ‘ •P ' P.W. C *1F� /� 6ZOWi,' t E � ..• V g1.1. '1113.631 ' 10 c° °Irf 0i) /AST44 IC/x/e4°I- p 'Stiff �Ep 15 �c ,.YnwJi, /"WJ Nce RES�Rv► • \-/‘‘R.1:‘ d !+,e A) ! II t• vi6 �� it 1,77- e ' r Alk NU 511 1 ins 1 5 'l .y ii t� Y• •,, . � u N a. fn r. ta 1 0.* I ... 4j.... t s616 '10 vt4 -0y Y��` • • A r03- ) pL od- — KrVa. — - — ,_ „— t ;se 1,. : ft N k • LdIc o 1� � . ,a,,psi °• 1.+' rocc • el VI of N E ty - S89 23'OO"V 133.30' Z .����� "•k� • LLOYD'S LANE '� (50' VIDE) C •v.1i o . '0��'c No.OA' . $O . qL • Z fi GUARANTEED TO' KEVIN M. 8. SUSAN D. FERRELL AND TO' FIDELITY NATIONAL TITLE INS. CO. OF NY PARCEL AREA = 46,162.69 SQUARE FEET = 1.0598 ACRES AND TO' WASHINGTON MUTUAL BANK A 04-06-02 OUTLINE SURVEY REV. DATE DESCRIPTION UNAUTHORIZED ALTERATION OR ADDmoN To THIS Surveyed,by: LOT 6 SURYEY is A VIOLATION OF SECTION 7209 OF THE SUFFOLK COUNTY TAX MAP NEW YORK STATE EDuc.aiiou LAw. cos OF THIS Francis X. Karl L.S. ON THE MAP OF SURVEY-1LAP NOT SWING THE SURVEYOR'S,LAKED 27 Arthur Avenue +DISTRICT 1 O O O SEAL. OR.E),IBOSSED SEAL SHALL NOT BE "HONEYSUCKLE HILLS" CONSIDERED A VAUD TRUE COPY. GUARANTEES Blue Point, N.Y. SECTION_09 9 9.0 0 num top # 701D – FLED OCTOBER to. 1D1 ' NT NDICATED HEREON SHALL RUN ONLY TO THE 11715 .BLOCK 03.00 'ER$ON FOR WHOLI THE SURVEY IS PREPARED. SITUATED AT: • AND ON,HIS BEHALF TO THE *ITUCouPANY. (631) 363-2891 Phone LOT 0 0 4.0 0 6 M ATTI T U C K, 30VERNUENTAL AGENCY, OR LENDING INSTITUTION. rtU1RANIEES ARE NOT TRANSFERABLE TD (631) 363-2892 Fax TOWN OF S O U TH O LD, CORONAL INSTITUTIONS OR SUBSEQUENT owNERS. DRAWING NAME 13OLLO2K.DWG• SUFFOLK CO U NTY, Scale 1 "= 50' FILE NAME: 13OLOASC NEW YORK . ; I TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? • TOWN HALL �_ Board of Health SOUTHOLD,NY 11971, \ 4 sets of Building Plans TEL: (631) 765-1802 . Planning Board approval FAX: (631)765-9502 . Survey www.horthfork.net/Southold/ PERMIT NO. Check ' Septic Form N.Y.S.D.E.C. Trustees Examined ,20 . •Contact: Approved ..• ,�`, Mail to: Disappro ed a/- ....l/rap Phone: -5� Expiration _____, ,20 S / ______,., _....,.... ___ , .... . Building Inspector r^• t , t APR ` 5 PLICATION FOR BUILDING PERMIT q/i3f Date , 200 ` =°=,' • ; - INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. C.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant Such a permit - shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations,for the construction of buildings, additions, or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws, ordinances, building code,Nous' g code, an3e-gulations, and to admit authorized inspectors on premises and in building for necessary inspections. .02 .---- , (Signature of applicant or name,if a corporation) /3t)/Jo / / '7c /V (Mailing address of applicant)' State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder .( to,oraie___ Name of owner of premises i‘/A) /'", Y` 50447i0 k . • (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) '�� • Builders License No. . Plumbers License No. Electricians License No. Other Trade's License No. 1. Loca ton of 1 donhick proposed wo will be done: `� 1. 0 o�l�s 49.0,_ firm rTOCK / �t"r /An House Number Street Hamlet ,,l Cotinty Tax M No. 1000 Sectio ON©D Block 05•00 "� ;ot. 7 '60 Subdivision AE15c c - Ma, Filed Map No. 70/ 7-',. . 'Lot ;' _- (Name) 2. State existing use and occupancy of premises d intended use and occupancy of proposed construction: ' a. Existing use and occupancy 0(1:1,0CL- b. Intended use and occupancy IX5iwiJe 3. Nature of wo which New 7 (check hich applicable): Building Addition V Alteration Repair V Removal Demolition Other Work 4. Estimated Cost Fee 40��, (Description)17. 00 (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 a 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alteratioi;s,or additions: Front A,4.,• , Rear Depth Height Number of Stories' • i1`. ; 8. Dimensions of entire new construction: Front Rear Depth Height 1� Number of Stories 9. Size of lot: Front / �33 ✓ / Rear �y363 ' Depth 3O 53 7/ ��,,���� 10. Date of Purchase .:�' Name of Former Owner i/exkCZ. 11. Zone or use district in which premises are situated . 7 12. Does proposed construction violate any zoning law, ordinance or regulation?YES ' NO 13. Will lot be re-graded? YES NO Will excess fill be removed from premises?YES NO 14._Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO v * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE IjEQUIRED. b. Is this property within 300 feet of a tidal wetland? *YES NO �/ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16.Provide survey, to scale, with accurate foundation plan and distances to property lines. ,17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY, OF i i�l �)-- (11/4) ' being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the . (Contractor,Agent, Corporate Officer, etc.) • of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this , • /3 day of 20144 ' 4// 6ary Public 7..et/iu Signature of Applicant MARGARET PEACOCK Notary Public, ork No.4978922 Quelifled In Sufolk • Tenn Fires Math 80, ar 1 HONEYSUCKLE HILLS PROPERTY OWNERS ASSOCIA"I ION, INC. MATIITUCK, NY June 14, 2004 Mr. &Mrs. Kevin Ferrell 130 Lloyd's Lane Mattituck, NY 11952 Dear Mr. &Mrs. Ferrell, We are in receipt of your request for variance addressed to the Southold Town Board of Appeals. A review of the submission indicates your intention to install a deck addition and above ground pool. Please be advised that the Honeysuckle Hills Property Owners Association covenants expressly prohibit the installation of above ground swimming pools. Specifically, covenant ten states "no swimming pools shall be constructed above grade." Additionally, please note that covenant four requires written approval of the association before submitting a request for a variance to the town. The Architectural Review Committee consists of myself, Mr. Ron McGreevy, and Mr. Kevin Wrynn; and is available to discuss any proposals you have. Please contact me at 298-1227 should you wish to discuss this matter further. Thank you for your courtesy and cooperation. • Very truly yours, Charles Bordsen, Jr. Cc: Catherine Mesiano, Inc. Ruth D. Oliva • LEGAL NOTICE • SOUTHOLD TOWN BOARD OF APPEALS TUESDAY,JUNE 22, 2004 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on TUESDAY,JUNE 22,2004,at the time noted below: 10:10 AM KEVIN and SUSAN FERRELL #5538. Request for a Variance under Section 100- 239.4A based on the Building Department's April 19, 2004 Notice of Disapproval, amended May 18,2004. Applicants propose a deck addition and above-ground pool at less than 100 feet from the top of the Sound bluff,at 130 Lloyds Lane, Mattituck; CTM 99-3-4.6. 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: -May 27,2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski ,l.0" - y APPEALS0 BOARD MEMBERS r' CDG , Southold Town Hall Ruth D. Oliva, Chairwoman �'z �d: k(17 / 0 pA- z6 4i 5-5-3 ? 24 25 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 2 1 2 CHAIRWOMAN OLIVA: Our first public 3 hearing is for Kevin and Susan Ferrell for an 4 above-ground pool on their deck. Is there anyone 5 here who would like to speak for or against this 6 application? 7 MS. KOWALSKI: Thank you for submitting 8 the affidavits. 9 MS. MESIANO: Yes. Catherine Mesiano on 10 behalf of the applicants. We're here today 11 because the Board has seen fit to re-open the 12 hearing at the request of the neighbors, and I 13 would like to make a few statements. First of 14 all, I think we need to focus on the purpose of 15 our being here, and the reason that we are before 16 this Board is because the Building Department 17 denied our application for replacement of an 18 existing deck and a deck extension within which a 19 pool was to be built. Nothing in the code or our 20 disapproval raises the issue of whether or not an 21 in-ground or above-ground pool is mandated or is 22 necessary. The issue of the pool has been raised 23 by the neighbors. That matter is a civil matter 24 that should not be taken up by this Board as was 25 stated in an earlier hearing. Covenants and August 19, 2004 3 1 2 restrictions, this Board doesn't have neither the 3 obligation or the right to enforce private 4 covenants and the issues that, are arising deal 5 primarily with the pool issue; that's a matter for 6 the homeowners association and the applicants. 7 the delay in this application, simply put, means 8 that the Ferrells can't replace the existing deck 9 that is, at this point, unsafe. They've found 10 from their engineer's reports that it was 11 improperly constructed in the beginning. So the 12 deck cannot be replaced at this point, even though 13 it is existing, was there at the time the house 14 was built. They have to come to the Board to 15 reconstruct it because of the proximity to the 16 bluff. 17 As far as the extension goes, we're asking 18 for a setback to allow an 85 foot setback from the 19 bluff to the extension of the deck, within which a 20 pool is proposed to be constructed. 21 Now, Mr. and Mrs. Ferrell and I have gone 22 over various options and there are different ways 23 that a pool can be constructed. We have attempted 24 to have more and better data for you at this 25 hearing, but because of the scheduling of our August 19, 2004 4 1 2 surveyor and our engineer, we were unable to bring 3 all the data together. What I would request is 4 that the Board, upon the conclusion of today's 5 meeting, again close this hearing to any. verbal or 6 oral testimony, reserving the right for any 7 written testimony, of course, and we would like to •� I. a 8 submit to the Boaild our engineered plans. I 9 understand although the pool is not something that 10 we require this Board's approval for per se, it's 11 just the setback, that we're here for, that we 12 recognize the concern of the Board 'and the concern 13 of Soil and Water, and the North Fork 14 Environmental Council and the neighbors, et 15 cetera, to any risk to the bluff as a result of 16 any activity on the bluff. Therefore, what we are 17 planning to provide to the Board is an engineered 18 design that would create a plan that would assure 19 the safety of the bluff to the extent that is 20 possible and practical. I know that earlier it 21 was stated that a decision was being written and 22 that conditions were to be imposed, and it was 23 alluded to that those conditions pertained to 24 containment of the water from the pool in the 25 event of that catastrophic occasion in which August 19, 2004 5 1 2 11, 000 gallons of water would go spurting forth; 3 that's a highly unlikely occurrence, and we would 4 like to have the opportunity, than rather than 5 have a layperson impose what might seem like 37r/gl0V R P . 6 reasonable covenants or conditions, or conditions 7 that seem to be the right thing, we would rather / 8 have the experts in that field provide to the 9 Board a plan that is workable, reasonable, 10 feasible and practical. Therefore, we would like 11 to request the Board focus on the reason why we're 12 here, which is the request for a variance for a 13 reduced setback from the bluff. The pool issue is 14 not a matter for this Board to focus on because 15 that is not the essence of the disapproval from 16 the Building Department. Yes, we intend to 17 construct a pool. There are variations in the 18 design that we discussed, I would be happy to give 19 you the copies of the various options that we have 20 drawn up to address the various concerns of the 21 neighborhood; if the Board would like to have 22 those, I'm prepared to give them to you now. But 23 we would like the Board to focus on the issue, 24 which is the setback to the bluff and allow us to 25 present an engineered plan to the Board for your August 19, 2004 6 1 . 2 consideration. 3 CHAIRWOMAN OLIVA: I understand that even 4 though our jurisdiction does not really apply to 4 5 the pool, may I just ask why the pool could not be 6 placed in ground in the front yard? 7 MS. MESIANO: In-ground in the front yard 8 is highly impractical because much of the front 9 yard is paved with the driveway. There is a lot 10 of rolling topography in the front yard. The 11 front yard is heavily treed. The septic system is 12 in the front yard. It would be highly impractical 13 to put this pool in the front yard. It would be 14 unattractive at best. Another covenant that 15 restricts the placement of hedges would prohibit 16 us from planting to be able to conceal the pool 17 for privacy from our perspective, and from the 18 sight from others' perspectives. The front yard 19 is impractical, as far as placing the swimming 20 pool there really isn't a reasonable place to put 21 the pool. 22 CHAIRWOMAN OLIVA: Thank you. Vincent or 23 Jimmy, do you have any questions of Cathy? 24" ' BOARD MEMBER DINIZIO: I guess just a 25 couple. One would be, are you saying that the August 19, 2004 7 1 2 reason why you didn't put it in the front is 3 because you're not allowed to put hedge? 4 MS. MESIANO: No, I didn't say that that's 5 the reason, that's a contributing factor. The 6 reason we have not proposed the pool in the front 7 yard is because the topography of the front yard 8 is not conducive to the installation of the pool. 9 The fact that the front yard has an extensive 10 driveway and parking area is not conducive to 11 constructing a pool in the front. The septic 12 system is in the front yard. The front yard is 13 heavily vegetated. There's lots of mature trees. 14 All of those reasons combined constitute the 15 reason for us not wanting to put a pool in the 16 front yard. Coupled with the fact that if there 17 were a pool in the front yard, it would be clearly 18 visible from the road because the only area that 19 is somewhat open, even though it's heavily wooded, 20 is visible from the road. Therefore, for the 21 privacy aspect, you'd want to have fencing or 22 hedges to conceal the pool. The covenants 23 prohibit the planting of hedges. So if we're 24 faced with this issue of covenants and this 25 selective enforcement of covenants, would then not August 19, 2004 8 1 2 the homeowners association object to the planting 3 of hedges to conceal the pool. So you can't have 4 it both ways. We found that since you're talking 5 about covenants, there has been an ongoing 6 practice of selective enforcement of the 7 covenants. We don't want to take the risk of 8 putting a pool in the front yard -- if it were 9 practical, which it is not -- and then being 10 confronted with the fact that well now we can't 11 obscure it from view and maintain privacy. If you 12 visited the site, you would see that the front 13 yard is highly impractical for placement of a 14 swimming pool, have to wipe out most of the trees. 15 -it just is an impractical location, and it would 16 not be enjoyable. It would not be aesthetically 17 pleasing. Were I a neighbor, were I living in 18 that neighborhood, I would object to having the 19 pool in the front yard because I think it would be 20 unsightly. So, is that the reason, no. It's a 21 contributing factor. 22 BOARD MEMBER DINIZIO: But it wasn't your 23 original reason why. 24 MS. MESIANO: No. We talked about the 25 options when we first met to discuss this issue, August 19, 2004 9 1 2 and one of the options is putting a swimming pool 3 in the front yard, and we looked at the front yard 4 and said, yes, but where would you put it? You'd 5 have to dig up the driveway. The septic system's 6 here; that area has a steep grade; that area is • 7 heavily vegetated. There is not a practical place 8 in the front yard to put a swimming pool without 9 destroying the integrity and the aesthetic nature 10 of the front yard. 11 BOARD MEMBER DINIZIO: I think that's all 12 I have. 13 CHAIRWOMAN OLIVA: Vincent? 14 BOARD MEMBER ORLANDO: I'll comment. 15 MS. MESIANO: Please. 16 BOARD MEMBER ORLANDO: I agree with you, 17 the Zoning Board does not have the power to 18 enforce covenants and restrictions. And I also 19 agree with you that the variance is insignificant 20 and very minor, but have you thought or considered 21 for harmony in the community about taking the pool 22 where it is now and just putting it right down and 23 then putting a grade deck around it? 24 MS. MESIANO: Yes. 25 BOARD MEMBER ORLANDO: Is that an option August 19, 2004 10 1 2 then? 3 MS. MESIANO: Yes. We have considered and 4 we are exploring those options to drop the pool 5 down. One of the problems that we have is that 6 you can't come too close to the foundation when 7 you're doing major excavation. So we have to get 8 that balance as to how close can we come to the 9 foundation, how great does the excavation need to 10 be, but we're working on a plan where we would 11 drop the pool so you would step down from the 12 existing deck to a lower level where it might not 13 be submerged 100 percent beneath the grade -- 14 BOARD MEMBER ORLANDO: But the majority 15 would be below ground? 16 MS. MESIANO: Significant, yes. You know, 17 a matter of semantics is it above ground? Well, 18 anything above ground is above ground. Well, if 19 that statement holds true because that statement 20 was made at a prior hearing, then anything that is 21 below ground is in-ground and yes -- 22 BOARD MEMBER ORLANDO: You are exploring 23 that option? 24 MS. MESIANO: We are exploring that 25 option. August 19, 2004 11 1 2 BOARD MEMBER ORLANDO: But you still need 3 variances for the setbacks but -- 4 MS. MESIANO: Yes. And we're exploring 5 that because aesthetically it would be pleasing 6 from our perspective because I think our 7 perspective counts somewhat in this equation. 8 It's a practical solution. I think it's a 9 reasonable method for resolving the problem and 10 that's what we're exploring. But again, because 11 we couldn't get our surveyor and our engineer 12 because of their work and vacation schedules, we 13 couldn't coordinate them and present you with a 14 final engineered plan. That's why I'm asking for 15 the ability to be able to provide that to you, but 16 that is primarily the plan that we're exploring 17 because it makes the most sense. I know we've got 18 lots of arguments going on, but I'd like to be 19 practical, and that's a practical solution to 20 something that shouldn't be a big problem. 21 BOARD MEMBER ORLANDO: I think it's a fair 22 compromise. I can't speak for the community, 23 speaking' for myself. 24 MS. MESIANO: Yes. I think it's very 25 reasonable, and I suggested that to the Ferrells, August 19, 2004 12 1 2 and they were very receptive to the idea. And 3 that's the area we're going with our engineering 4 because it solves a lot of the issues if you start 5 talking about the hypotheticals and having an 6 11, 000 gallon above-ground pool spontaneously 7 erupt. Well, if it's significantly below ground, 8 as you know being business that you're in, it's 9 going to be contained beneath the grade before 10 anything sinks its level. There would be no 11 deluge runoff, and we wouldn't be looking at 12 someone imposing a condition for containment of 13 11,000 gallons, which is something that is not a 14 reasonable solution, if you will, to the problem. 15 So the compromise is being strongly considered. 16 BOARD MEMBER ORLANDO: Great. So we'll 17 see what the opposition has to say. Thank you. 18 CHAIRWOMAN OLIVA: Is there someone else 19 who would like to speak for or against this 20 application? 21 MS. CAPPOLINO: Good morning. Louise 22 Cappolino, I'm the lady to the east. I addressed 23 a letter to you a couple of weeks ago about some 24 corrections about a written letter that was sent 25 to you, and I assume you received it. August 19, 2004 13 1 2 CHAIRWOMAN OLIVA: Yes. 3 MS. CAPPOLINO: All right. That will be 4 in this package here (indicating) . This was 5 written prior to what this young lady was saying. 6 CHAIRWOMAN OLIVA: I understand. 7 MS. CAPPOLINO: Okay. 8 "Miss Oliva and Members, I would like to 9 thank you for your time and patience with regards 10 to this matter. My husband and I believe it is 11 important for us to continue our opposition to the 12 installation of this structure and proposal for a 13 variance. Doris McGreevey and I took the 14 opportunity to present our concerns about this 15 request to our neighbors, those people who own 16 homes on the bluff. The response was incredibly 17 overwhelming against the granting of this 18 variance. The homeowners that live on the bluff 19 and have pools, have installed underground pools, 20 and unanimously agreed to the potential disaster 21 that could occur from gushing water flowing from 22 an above-ground pool. George Peck was an example 23 of variances granted without thought and 24 appreciation of what could occur. His bluff is a 25 disaster and the stress he has endured is not a August 19, 2004 14 1 2 healthy situation. We do not want to be in a 3 similar situation. I am sure Mrs. McGreevey will 4 affirm what I have said as well as providing 5 further documents. My previous statements are 6 being resubmitted as well as pictures so that you 7 can well understand better our concerns about 8 topography also. There are other options open to 9 Mr. and Mrs. Ferrell, the same options that the 10 neighbors on the bluff had when they installed 11 underground pools. a 12 "This request for variande has caused many 13 problems for the Ferrells, however we didn't 14 create this situation. We want to live in peace 15 without the worry of losing more property to the 16 ravages of water, including the chlorinated type. " 17 And I will submit this with the pictures 18 (handing) . 19 CHAIRWOMAN OLIVA: Thank you very much. 20 Mr. McGreevey? 21 MR. MCGREEVEY: I have a prepared 22 statement which I'll read, so we won't be 'going on 23 and on with this. But I must comment first on 24 what the expediter said. She wants to do again 25 what she did the last time. Close these hearings August 19, 2004 15 1 2 to all further public input but yet continue to 3 furnish you with documentation from engineers, 4 architects, from whatever. I beg you to close 5 thi,k, hearing here and now after you have heard, 6 make your decision. But, if you want to accept 7 documentation, then postpone this hearing and 8 reopen it because that's not fair, that's what I 9 have to say to comment on that. As far as 10 engineers knowing about that bluff, I have been 11 heavily involved with Long Island Sound since the 12 late '80s, heavily involved, and I think some of 13 you know that. Thank you. Now I'll read my 14 statement. 15 "The decision by the Zoning Board of 16 Appeals to continue the dialogue concerning a 17 variance for an above-ground pool on the }fluffs of 18 Mattituck leaves me to examine the file in detail 19 and I have very poignant questions regarding 20 certain issues. (1) Have elevations as promised 21 on 6/17/04 ever been furnished? (2) Where are the 22 nonjurisdiction letters from DEC and the Trustees 23 that were mentioned? (3) As the C of 0 does not 24 list the existing deck 91 foot from the top of the 25 bluff, is it then considered nonconforming? If August 19, 2004 16 1 2 this is the case, then by granting this variance, 3 are you not changing its status from nonconforming 4 to conforming? (4) In a letter from Mr. Ferrell 5 dated July 1, 2004, he states that the inner liner 6 is 22 millimeters width; what does that mean as 7 one inch equals 25.40 millimeters, I really doubt 8 the vinyl liner is one inch thick. (5) No where 9 did I said see mention of the phrase 10 inkind/inplace, which is customary when rebuilding 11 someplace. (6) This is without exception a 12 self-created difficulty. Mr. Ferrell has more 13 than six-tenths of an acre in front of his home. 14 There's plenty of room to build an in-ground pool 15 like everyone else on the bluff. (7) These bluffs 16 are unique. They exist in only three places on 17 the face of the earth. 18 "It takes quite a while to learn how they 19 react to different situations both natural and 20 man-made. Most, if not all, of the blunders made 21 are made by people new to the area who have not 22 had the time to learn what can and cannot be done, 23 an above-ground pool in a bluff area is a disaster 24 •i ting to happen. Hurricanes and nor'easters 25 occur with hammer blows in the area. If this August 19, 2004 17 1 2 proposed above-ground pool ever bursts, it would 3 send 11,500 gallons of water, that's 48 tons, 4 cascading over the bluff face and down the gully 5 carrying away everything in its path. It would be 6 a true disaster. This proposal lacks the support 7 of just about everyone living on the bluff from 8 Bailey's Beach Road to the end of Soundview Avenue 9 in Mattituck. Collectively they signed a petition 10 that the ZBA should have on file. 11 " (9) It is an unwise idea to construct an 12 above-ground pool only 85 foot from the crest of 13 the bluff. Common sense needs to be used when 14 dealing with environmentally sensitive areas such 15 as this. " I thank you. 16 CHAIRWOMAN OLIVA: Thank you, 17 Mr. McGreevey. Is there someone else who would 18 like to speak? Yes, Mrs. McGreevey? 19 MRS. MCGREEVEY: I have a letter I would 20 like to read to you as well as respond to some of 21 the statements made. First I'll read the letter. 22 "Dear Miss Oliva and Board, as neighbors 23 of Mr. and Mrs. Ferrell, we will be directly 24 affected by the addition of an above-ground pool 25 placed less than 100 foot from the top of the August 19, 2004 18 1 2 sound bluff. 3 "This proposal lacks our support for a few 4 important reasons. Firstly, we reside in an 5 extremely fragile bluff area that is subject to 6 extreme weather conditions. Having an 7 above-ground pool with a potential of bursting 8 allowing 11,500 gallons of water to cascade off 9 the cliff or down our association property, 10 destroying our path and stairs to the beach, is 11 not far from reality since extreme weather 12 conditions have caused much damage to the cliffs 13 in the past. 14 "Our family has lived in this area since 15 the 1950s, and we have invested much time and work , 16 maintaining our environment for future generations 17 to enjoy. It's important to respect our 18 environment, and we feel very strongly that this 19 variance, if approved, will create negative 20 result. 21 "It's admirable that the Southold Town has 22 instituted provisions in our code to protect our 23 shoreline. They are necessary codes and need full 24 care and consideration when altering them. 25 "Secondly, it was mentioned at one of the August 19, 2004 19 1 2 work sessions that this above-ground pool would 3 add to the property value of the house. I have 4 made an inquiry at the assessor's office in 5 Southold and spoke to Mr. Scott Russell. He 6 informed he that he couldn't remember when he last 7 assessed an above-ground pool in Mattituck; 8 however, if he did assess it, it would not be 9 valued near as much as an in-ground pool since 10 above-ground pools do not have longevity. The 11 assessment will be minimal. 12 "Lastly, this above-ground pool would 13 change the character of the neighborhood. The 14 petition that was sent from the residents along 15 the bluff that support the community disapproval 16 of this variance has been sent to the ZBA and 17 should be in your possession." 18 We would be happy to take Mr. and Mrs. 19 Ferrell to visit their neighbors homes to see the 20 elegant in-ground pools in our area. And I'd like 21 to say that when we went around to the different 22 people in the area, one person in particular 23 stands out in my mind and because they recently 24 had a pool put in in the front of their home, 25 in-ground, that's Mr. and Mrs. Levy, so you may , August 19, 2004 20 1 2 want to go back and check. But she made some 3 interesting points. She said, first of all, she 4 wouldn't want to spoil the view of the Sound with 5 this concrete thing facing the Sound anyway 6 because the natural view is so much more 7 picturesque. But anyway, she put her pool on the 8 side of the house and it happens to be very 9 beautiful. Now, I can go on and tell you the 10 Deckingers have a pool in the front of their 11 house. The Stritchlers have a pool in the front, 12 meaning road side, the Landaus have a pool in the 13 front on the road side -- I'm just doing this from 14 memory. Those are specific examples and I think 15 right now the Rosinis are in the process of 16 putting a pool in the front area on the road 17 side in their house. I'm not sure, but I see that 18 it looks like they're planning such a project. 19 These things that's the pattern that we 20 have lived with. I also wanted to say a few 21 things concerning the expediter's points. She 22 says this is selective with the C and Rs, that's 23 not the case. If you make statements like that, 24 substantiate it. Don't just make allegations like 25 that. It should be just not spoken and then August 19, 2004 21 1 2 dropped because that leaves people to think the 3 wrong thing. 4 The other think was, the trees in the 5 front of their home, they have a perfect place in 6 the front. They have . 6 acres in the front and 7 you don't need bushes, you don't need hedge lines 8 because it's heavily treed anyway, and it's right 9 alongside a walkway, so it has a lot of trees 10 there anyway and bushes and so forth. 11 Just to finish this up, I think we've said 12 it all. I appreciate your time with this. And I 13 hope you come to an amicable decision, thank you. 14 BOARD MEMBER ORLANDO: Mrs. McGreevey, 15 maybe you can comment because no one else has 6 16 commented in your community, what is your feelings 17 towards putting an in-ground pool in the place it 18 is now, the location? 19 MRS. MCGREEVEY: Knowing my neighbors all 20 along the bluff for a ling while, most of the 21 people, and this is over time, usually if there's 22 a place in the front of the home and it is 23 available, that's choice number one, and I think 24 you can review the past variances for that. 25 CHAIRWOMAN OLIVA: Are there pools? August 19, 2004 22 1 2 MRS. MCGREEVEY: There are two, there are 3 two on the bluff side and the reason -- and this 4 is a personal reason I think -- that they came up 5 with is they have no room on the front. 6 BOARD MEMBER ORLANDO: The question was, 7 what is your feeling if they put it in-ground in 8 the place it is now? 9 MRS. MCGREEVEY: If it's in-ground and 10 tucked in and safe. I have no problem with that. 11 I really don't. 12 CHAIRWOMAN OLIVA: Thank you. 13 BOARD MEMBER ORLANDO: Thank you. . 14 CHAIRWOMAN OLIVA: Is there anybody else 15 who would like to speak for or against this 16 application. Mrs. Mesiano, do you have anything 17 else? 18 MS. MESIANO: Yes, with respect to 19 Mr. McGreevey's comment I wasn't suggesting that 20 that the Board should close the hearingfand only 21 accept information from us. I was suggesting that 22 the hearing be closed to verbatim testimony, and 23 that since we have not been able to reconcile our 24 engineer and our surveyor, we would like to give 25 you properly engineered plans. We would like the August 19, 2004 23 1 2 option to do that. I wouldn't suggest that we be 3 allowed to submit written documentation without 4 anyone else being afforded the same opportunity. 5 I just wanted to clarify that point. And again, I 6 stress, we're here for a setback variance. 7 BOARD SECY. KOWALSKI: That was part of 8 the problem last time when we had the hearing, the 9 Board closed it pursuant to receiving additional 10 information. Both sides did not get to comment, 11 it was not properly in a hearing form when it was 12 all submitted, so we had to reopen the hearing to 13 receive the new information that was submitted 14 between June 22nd and today. So now you're asking 15 the Board to extend the time for new submissions, ]r and I'm going to recommend to the Board that the t. 17 hearing really be postponed. So everybody can 18 comment on it. 19 CHAIRWOMAN OLIVA: Adjourned to receive 20 the new information. 21 MS. MESIANO: My motivation for asking is 22 that I don't see the need to have to keep 23 repeating the same things over and over again, all 24 of the objections we've heard are the objections 25 we heard last time. August 19, 2004 24 1 2 BOARD SECY. KOWALSKI: The Board has not 3 seen the plans, if you're saying you want to 4 submit something new, then it has to be in a full 5 hearing forum because it's an appeal process. 6 MS. MESIANO: That's fine. As far as a -- 7 again, a new submission I think what I'm referring 8 to is a more detailed rendition of what you have 9 seen. And Mr. Orlando's discussed our compromised 10 plan, if you will, and that's what we're 11 developing. Again, it was out of our control that 12 I couldn't bring it to you today. 13 BOARD MEMBER TORTORA: Cathy, could you 14 provide us with documentation on the 15 nonjurisdiction for the New York State DEC and the 16 Town Trustees? Could you also provide us with an 17 elevation plan that was mentioned, and could you 18 also clarify the question that Mr. McGreevey 19 addressed as to the thickness of the liner? Those 20 are three things I'd like to see. 21 CHAIRWOMAN OLIVA: I'd like to make a 22 motion adjourning this hearing until September 23 14th so that both sides have an opportunity to 24 review the new documentation as well as the Board. 25 BOARD MEMBER ORLANDO: Second. August 19, 2004 25 1 2 (See minutes for resolution. ) 3 MS. MESIANO: Can we put it until October, 4 they would prefer it? 5 CHAIRWOMAN OLIVA: Make an amended 6 resolution adjourning this hearing until the 7 October 21st meeting. 8 (See minutes for resolution. ) 9 MS. MESIANO: Thank you very much. x 10 11 CHAIRWOMAN OLIVA: Next hearing is for 12 George Penny V for a setback less than 70 feet 13 from the property line on Kerwin Boulevard in 14 Greenport. Good morning, how are you? 15 MR. PENNY: Good, how are you? 16 CHAIRWOMAN OLIVA: What would you 17 like to tell us, anything extra? 18 MR. PENNY: It's pretty 19 self-explanatory. We're proposing a one-story 20 additiont'o our house off of Kerwin Boulevard. 21 Basically just to make more room, add another 22 bathroom, add another bedroom, make room for a 23 baby. We're over our setbacks. It's a light 24 industrial property. My family, through the 25 corporation, owns all of the property surrounding August 19, 2004 26 1 2 on three sides, and this structure is really small 3 in comparison to the other buildings surrounding 4 it. It's residential. 5 CHAIRWOMAN OLIVA: It's been there a long 6 time. It's a nonconforming building in a light 7 industrial. 8 MR. PENNY: That's correct. 9 CHAIRWOMAN OLIVA: Any Board Members have 10 questions of Mr. and Mrs. Penny? 11 BOARD MEMBER DINIZIO: I'd like to go over 12 it. I have to write this. It's in the LI 13 district, so you're restricted by the larger 14 restrictions of LI as opposed to residential, you 15 have a house there, and if you had a house in 16 residential zone, you're talking 55 or 50 feet, in 17 a zone that requires 70 feet so that's the basic 18 reason; that's your hardship so to say. I just 19 would like to ask you I see on the survey that you 20 have looks like a basement door in the back? 21 MR. PENNY: Yes. 22 BOARD MEMBER DINIZIO: I'm assuming you 23 don't want to rip that out that's why you went 24 beyond it and then came out. It would cost you a 25 lot of money to relocate that, and that's the + August 19, 2004 27 1 2 reason for doing that? 3 MR. PENNY: Yes. 4 BOARD MEMBER DINIZIO: If not, you could 5 put it on the back of the house, it would be only 6 60 feet, you'd still need a variance. It would 7 probably be a little more. 8 MR. PENNY: Yes. 9 BOARD MEMBER DINIZIO: I see no problems 10 with this. That's it. 11 CHAIRWOMAN OLIVA: Lydia? 12 BOARD MEMBER TORTORA: I have no 13 objections. I see no problem with this. 14 BOARD SECY. KOWALSKI: There may be a time 15 problem, right? 16 MR. PENNY: Yes. There is a time 17 constraint. 18 MRS. PENNY: Thirteen weeks. 19 CHAIRWOMAN OLIVA: There may be a problem 20 with that. 21 BOARD MEMBER ORLANDO: . Yes, first of all • 22 considerations, and I don't think your neighbors 23 will complain, so no other questions. 24 CHAIRWOMAN OLIVA: Yes. Is there anybody 25 in the audience that would like to speak on behalf August 19, 2004 28 1 2 or against this application? If not I'll make a 3 motion to close the hearing and reserve decision 4 until later. 5 (See minutes for resolution. ) 6 7 CHAIRWOMAN OLIVA: Next hearing is Janet 8 Larsen and Carol Witschiebein on Sound Beach Drive 9 in Mattituck. 10 MS. RIVERA: My name is Christine Rivera 11 and I'm representing Carol Witschiebein and Janet 12 Larsen. I'm prepared to give the Board, I 13 received yesterday a fax from the ZBA questioning 14 the sanitary system at the Larsen residence, and I 15 have a letter from Artco Drainage, they inspected 16 the site, and some photographs (handing) . 17 ;x:': • The Larsens and the Witschiebeins are 18 requesting a side yard setback of approximately 19 three feet. The restraints of this property are 1 2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORK 'J X ' 5 TOWN 0 F SOUTHOLD @p h 6 7 ZONING BOARD OF APPEALS 8 9 X Southold Town Hall 10 53095 Main Road Southold, New York 11 June 22, 2004 12 9 : 30 a.m. 13 Board Members Present : 0- 1 14 RUTH OLIVA, Chairwoman 15 VINCENT ORLANDO, Vice Chairman 16 LYDIA TORTORA, Board Member 17 GERARD P. GOEHRINGER, Board Member 18 JAMES DINIZIO, Board Member 19 LINDA KOWALSKI, Board Secretary 20 21 22 [ORIGINAL RECEIVFD 23 AUG 0 3 2004 24 ZONING BOARD OF APPEALS I • I 25 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 32 1 2 MS . KOWALSKI : If there' s a determination that there' s a problem, then it will be a separate 3 application. CHAIRWOMAN OLIVA: Thank you very much 4 for coming in. MR. FITZGERALD: Thank you. 5 CHAIRWO Next hearing is for 6 Kevin and Susan errell, who wish to extend their deck and build a 0.. _ less than 100 feet from 7 the bluff in Mattituck. MS . MESSIANO: Good morning, my name is 8 Catherine Messiano. I'm here on behalf of the Ferrells, who are the owners of property located 9 at 130 Lloyds Lane in Mattituck. We are here before you requesting a 10 variance for a setback from the bluff of less than 100 feet . Mr. and Mrs . Ferrell purchased this 11 property a couple years ago; at that time they were given a CO for the structure that was issued 12 in 1984 . At that time the final survey shows a house with an attached deck, but the CO was 13 written, for lack of a better term, very poorly, and it just states a new dwelling. It didn' t 14 illuminate the pertinences and attachments . The final survey shows a deck, however, the Building 15 Department didn' t specifically state a deck. That' s part of the reason why we' re here before 16 you. Mrs . and Mrs . Ferrell are proposing to replace their existing deck. They haven' t taken 17 it down yet, it' s still standing strong. They found in doing some exploratory surgery, if you 18 will, they found that the deck was not or is not structurally sound enough in that its footings are 19 deficient, and therefore, they want to rebuild the deck in-kind/in-place with new conforming 20 structural supports with new conforming structural supports . In conjunction with that, Mr. and Mrs . 21 Ferrell would like to extend the existing deck easterly and within that deck place a pool . I 22 would like to give the Board a copy of the plan because I understand there' s been some confusion 23 as to what is the proposal . I have a submission here that I 'm going to give you that has a number 24 of other things that I' ll get to . The existing deck is approximately 25 91 and-a-half feet from the edge of the bluff, and Mr. and Mrs . Ferrell are proposing that deck June 22 , 2004 33 1 2 extension easterly of the existing deck and a slight extension seaward that would give them at 3 the nearest point 85 feet setback from the bluff . BOARD MEMBER TORTORA: With the pool . 4 MS . MESSIANO: That will encompass the pool in the decking. 5 CHAIRWOMAN OLIVA: That' s going to be an above ground? 6 MS . MESSIANO: That would be technically a an above-ground pool because they' re not digging 7 it down into the earth. BOARD MEMBER GOEHRINGER: How deep is that 8 pool? MR. FERRELL: The pool is 52 inches in 9 height . MS . MESSIANO: Four and-a-half feet . 10 BOARD MEMBER GOEHRINGER: Thank you. MS . MESSIANO: Does the Board have 11 questions? BOARD MEMBER ORLANDO: No questions, 12 comment . They did a nice job putting it in and angle, putting it in close to the house . I 13 commend them. MS . MESSIANO: That was our intention to 14 try and snug it up as close as we could. CHAIRWOMAN OLIVA: I'm glad you looked 15 into the footings of the deck. My son has a deck sitting at the edge out in Seattle, very cognizant 16 of the fact of having it structurally sound because when you have parties on them, they've 17 collapsed. MS . MESSIANO: I had 30 people at my house 18 last week and I decided to entertain down on the lawn rather than 12 feet up. 19 CHAIRWOMAN OLIVA: Smart . Lydia? BOARD MEMBER TORTORA: How high is the 20 decking? MS . MESSIANO: Four and-a-half feet high. 21 BOARD MEMBER TORTORA: And the decking is going to be flush with the pool? 22 MR. FERRELL: Actually the decking is going to be up five and-a-half feet, six feet . 23 MS . MESSIANO : Depending on the contour of the ground, but yes, it will be flush with the 24 pool . CHAIRWOMAN OLIVA: Jim? 25 BOARD MEMBER DINIZIO: No . CHAIRWOMAN OLIVA: Jerry, you' re okay. June 22 , 2004 34 1 2 BOARD MEMBER GOEHRINGER: I have no objection to it as long as all of the decking 3 remains open to the sky. MS . MESSIANO: That is our intention. 4 CHAIRWOMAN OLIVA: See if anybody else in the audience wishes to speak on behalf of this 5 application? MS . MESSIANO: Before you do that, I know 6 that there will be comments from the audience, and I would like to address that . It came to our 7 attention after our application was submitted and our notices were mailed out that Honeysuckle Hills 8 has covenants and restrictions that prohibit the installation of an above-ground swimming pool; 9 that was brought to Mr. Ferrell' s attention. We did some research. Mr. Ferrell has met with some 10 of his neighbors who are officers of the Honeysuckle Hills Homeowners Association. He has 11 prepared a letter and the board has prepared a letter to be sent to the property owners asking 12 them to vote on the issue . They didn' t want to send them out until the Board had rendered its 13 decision. So we' re aware that there is and will be comments to that effect . But I would just like 14 to say that I've been before this Board in the past where in specifically it was stated that it 15 is not the Board' s position or purpose to enforce covenants . So that is not an issue that needs to 16 be expounded on in this hearing. I think the two issues should stand separately because without 17 your permission a building permit will not be issued and without the permission of the 18 association, the building permit will not be issued. So I just wanted to state that so that we 19 didn' t drag this out any longer than necessary. Attached to the map that I gave you is the 20 letter from the property owners association to its members requesting their vote and Mr. and Mrs . 21 Ferrell' s cover letter explaining to their neighbors what their intention is . And I would 22 just like to say that at the time that those covenants were constructed, I think it was 23 probably the intent of those individuals to eliminate the possibility of having that very 24 attractive large blue plastic thing in the middle of the backyard perched precariously close to the 25 bluff, and at the time the setback was at 75 feet . There is a setback restriction of 75 ,feet June 22 , 2004 35 1 2 so in no case could it have been built closer, but the thought processes at the time these were J 3 constructed and the thought processes now are a little different as is the zoning. We would have 4 been allowed this under the zoning at the time this house was constructed. So I would just like 5 not to drag it out any farther than I have already. 6 CHAIRWOMAN OLIVA: Is there anybody else who would like to -- 7 MS . CAPPELLINO: Yes, I would like to speak. My name is Louise Cappellino, 65 Soundview 8 Avenue . I am east of the Ferrell property, which is directly next to them. I have a prepared 9 statement which I wrote, and I will give you a copy of the statement . My husband was not able to 10 be here, so I speak for both him and myself . "We have lived in Mattituck for 25 years 11 and still can remember when the property west of us was all wooded. Over the years the property 12 was developed, and we realized that our neighbors were seeking the same life we were seeking in 13 Mattituck. "With regards to the proposal for the 14 above ground pool, we would like to state the following: According to the plans it is our 15 belief that this structure will diminish the scope of our view we have enjoyed over the years . The 16 proximity of the structure raises tremendous doubt as to the adverse effects this will impact on our 17 property values . The Ferrell deck is high and our property has a more sloping and hilly effect 18 thereby making the structure' s elevation higher than what is being shown. This plan lacks fact, 19 elevation of this structure lacks definition. There is contradiction in measurements pertaining 20 to pool and deck size . Perhaps this is the reason for lack of stats pertaining to elevation. Pools 21 have drainage collars; where would these be placed and where would it drain into? The proximity of 22 the structure also raises an additional threat as the potential of a water leak. 23 "As stated, our property is naturally sloped. The water would then run east creating 24 catch basins for thousands of gallons of chlorinated water. For those of us who have lived 25 here long enough are well aware of the intense nor' easters that have hit this area and the June 22 , 2004 36 1 2 subsequent destruction. Twice we lost our stairs to the beach and three times we watched the cliff 3 cascade down taking with it all the vegetation. We replanted and also hoped that it would never 4 occur again. The winter the ice and snow is formidable . These above-ground pools have been 5 known to burst when the ground is frozen. Where will this water go? What environmental crisis 6 would we face for the bluff and surrounding properties . The site selection for this structure 7 is ill conceived and not a wise choice . Their front property offers a better advantage and more 8 area. It has been our belief that an above-ground pool was never an option for recreation such as 9 proposed. The aesthetics for this proposal is not conducive to life on the bluff . The structure is 10 an eye sore . We do not seek to lessen the enjoyment Mr. and Mrs . Ferrell seek, however it is 11 our opinion that our life will change, and the view that we have come to love will be compromised 12 as well as the potential for damage to the property. 13 "We are asking the Board to deny the request and hope this will not cause our neighbors 14 to look unkindly on us . Thank you, Louise Cappellino. " 15 MS . KOWALSKI : Could we ask for a copy? MS . CAPPELLINO: Yes, I have one, I have 16 six copies . CHAIRWOMAN OLIVA: Anyone else that 17 wishes to speak for or against? Mr. McGreevy? MR. MCGREEVY: My name is Ron McGreevy, 18 250 Lloyd' s Lane . I ' d like to give these to the Board so they can look them over as I speak. 19 I want to address this on three separate levels . One, the Town does not, nor should the 20 Town, enforce private covenants and restrictions, but if informed of legally recorded covenants and 21 restrictions, they should be respected. This is just such a case . Honeysuckle Hills Property 22 Owners Association does not allow above-ground pools, period. Also, our covenants and 23 restrictions do not allow for a variance to go forward unless it has been approved by one hundred 24 percent of the property owners . This particular association has 18 properties . To go back even 25 further, nothing can be done to the property unless it' s approvdd by the association and its June 22 , 2004 37 ' 1 2 architectural committee, of which I am a member. -.) Now, that' s one, they have been reenforced 3 by our constitution that states, and I ' ve given you a copy of it, proposals impacting deed 4 covenants and restrictions must be reviewed with and approved by legal counsel before they can be 5 brought to a vote, they require unanimous approval of all property owners without exception. I 6 think that the Board here should respect those covenants, and I have put the liber and page 7 number on there, they are recorded. Moving on from that, I got a notice from 8 the Town that this was taking place . I went there to look at the records, the paperwork that the 9 Ferrells and their expeditor have forwarded to you, and I find they don' t even know the size of 10 their pool and deck area. I have three separate numbers -- or you have -- in the paperwork. On 11 5/12/04 , they state the pool and deck area will be 350 square feet, then on 5/14 , in a letter from 12 the expeditor to Ruth Oliva, they state 860 square feet, that' s an increase of 510 square feet in two 13 days . I wonder what they' re going to build. In that packet, you also have paperwork stating that .. 14 it' s going to be 800 square feet . In all that paperwork this is an 15 above-ground pool in a very delicate area, every one of you are aware of that . Nowhere do I see 16 any elevations of the property recorded; although I do see a piece of paper from the expeditor 17 saying that they will be provided. Have they ever provided it? This deck is not an above ground 18 deck, it is really above ground, because where the pool is going if it' s only four and-a-half feet, 19 what' s happening to the other foot under it . I think on that it should be disapproved. 20 Now, on the main issue, the sensitivity of the bluffs, most of you are aware of the 21 tremendous problems that have happened east of Mattituck Inlet to those bluffs, they get denuded 22 of vegetation over and over again. To allow an above-ground pool where there is a possibility of 23 lightning strike or lightening strikes hitting trees going down on the pool and releasing all 24 that water will definitely carry the top of the bluff away and probably most of the vegetation on 25 its way down to the beach. It should be disapproved on that reason. June 22 , 2004 38 1 2 I have owned by property since 1985 . My yard facing the Sound has been struck by 3 lightening twice . Once it blew out the sprinkler system, the second time is blew up a tree and I 4 had glowing lumber all over my yard. If that same scenario were to happen and hit an above-ground 5 pool, it would be disastrous to the bluff . The flood plain area in this area is a 6 good deal higher than the bluff, on that alone this also should be disapproved. That' s all I 7 have to say. Thank you. CHAIRWOMAN OLIVA: Thank you, Mr. 8 McGreevy. Is there anyone else who wishes to speak? Yes, Doris? 9 MS. MCGREEVY: Doris McGreevy. I am the Ferrell' s neighbor, and it' s unfortunate that we 10 have to speak in this arena at this time over this because in our covenants we do have a process, and 11 the Ferrells have been in the association or been living there for a few years, and have been 12 invited to the meetings and so forth. So, as I say, I feel very uncomfortable, but having said 13 that I do have to just speak my mind. r. .� I feel and my husband, also, that it' s not j 14 in keeping with the neighborhood. Having an above-ground pool in that location along the 15 bluff, it' s unheard of . So this would be a very significant variance because once something like 16 that is accepted, there may be other people on the bluff who feel, well, you know, or the Ferrells 17 have now begun a new trend. And that disturbs me too, because we have spoken about the fragile 18 nature of the bluff, and environmentally, we really have to consider that . 19 The other point I want to make, and I 'm responding to their expeditor' s words, Mrs . 20 Messiano, she said that now, today, the flood processes are different about above-ground pools, 21 maybe, but I think they are different in the fact that they' re susceptibility to endangering the 22 cliffs is very, very, significant here . I don' t really believe that the above-ground pool, the big 23 blue thing, I don' t think that' s the question here . I don' t care what color it is personally, 24 but I do know that living on the bluff and loving living in Mattituck and having this lifestyle, 25 they can find a place where it' s safer for the environment and the people that are alongside it June 22 , 2004 39 • 1 2 because it may be an unsafe situation if somebody r-) walks by, and it breaks or something like that, 3 even during the warm whether. During the cold, whether the bluff freezes over so if that should 4 burst during a very cold day, the land does not absorb it . It runs right off the cliff, and we've 5 seen blowouts a couple of doors down. They built some sort of wall and there was a blowout and the 6 cliff took a great deal of damage . So I'm asking you to consider this seriously. 7 And there is also room in the front of their home where most of the people on the bluff 8 do locate their in-ground pools . Thank you. CHAIRWOMAN OLIVA: Is there anybody else 9 who wishes to speak for or against this application? Any more questions from anyone on 10 the Board? Jim? BOARD MEMBER DINIZIO: I want to ask one 11 of the homeowners, I guess I could ask you, I don' t know. These covenants and restrictions, the 12 rules that the gentleman handed me, how does that work? You purchase the house; do you have to sign 13 on to this? MS . MESSIANO: No. What happens is when a 14 property is developed during the development process covenants are designed that are 15 appropriate, for lack of a better word, at that time, and those covenants and restrictions are 16 imposed upon that land by recording of those covenants . And it' s a recorded document, like a 17 deed would be a recorded document, so it sets forth, you know, you shouldn' t have clothes lines, 18 no garbage cans in the front yard, you can' t park boat trailers in your driveway, or house trailers, 19 you can' t have flat roofs, et cetera. So it will restrict or direct the development of the lots in 20 that property. So that process occurs at the time that the property is developed. 21 Now, you don' t seek membership. It' s not as though you went to a yacht club and said, gee, 22 I' d like to buy into that and I want to be a member of that and pay dues . It runs with the 23 land. So when you buy a house in an area there are covenants and restrictions attached to that 24 deed. Now Mr. and Mrs . Ferrell and I had a discussion with about this and at no time -- 25 because they have reviewed their paperwork -- were they ever made aware that there were covenants and June 22 , 2004 40 • 1 2 restrictions or to the extent that the covenants �. and restrictions had reached. 3 So this was something that came about during this process, but to answer your questions, 4 covenants and restrictions are designed, constructed by the developer of the site . They 5 are recorded with deeds to the property, and it' s a condition that runs with the property just like 6 an easement would run with the property. Have I said answered your question? 7 BOARD MEMBER DINIZIO: I want to get to how do you get to know about these restrictions? 8 There is a restriction in here that says you can' t sell it unless your neighbor says so. So, my 9 assumption is if I'm going to purchase a house, I would want to know that . I just need to know what 10 process it is -- MS . MESSIANO : I can answer that in a 11 generalization, when you are in the process of buying a piece of property, it should be incumbent 12 upon the seller to disclose everything about that property. It should be incumbent upon the 13 purchaser or purchaser' s attorney through their title processor the title company to uncover these 14 things and the purchaser should make this known to the purchaser. If there' s a real estate broker 15 involved it should be incumbent upon the real estate broker to educate the purchaser as to what 16 he' s buying besides the four walls . So that' s the mechanism for that . Since it runs with the deed 17 and it' s a recorded document, when the title work is done, it' s something that should come up, 18 that' s why you buy title insurance . BOARD MEMBER DINIZIO : I guess I don' t 19 know, did it come up? MS . MESSIANO: The Ferrells told me that 20 they were not aware of this, and that they have been told that their title company could be 21 responsible or liable for their not having been made aware of this . 22 MR. FERRELL: Excuse me, may I clarify something here? Kevin Ferrell . We were made 23 aware that there is an association. We were told that there was a $50 annual fee and in essence it 24 was to insure and take care, maintain the property going from the street down to the bluff, down the 25 stairs between our house and Mr. and Mrs . _, `Y McGreevy' s house . Never were we made aware that June 22 , 2004 41 1 2 there were any other covenants or anything of that sort . We simply assumed it was a $50 annual fee 3 for maintenance of the path going down to the bluff . We were never given a copy of the 4 covenants, never given anything. Do I have an issue with the title company? Yes, I think I do 5 have . BOARD MEMBER ORLANDO: And your closing 6 lawyer. MR. FERRELL: This just came up last 7 Wednesday, so this is certainly all new to all of us . Thank you. 8 BOARD MEMBER DINIZIO: I don' t know what, an attorney probably is going to have to tell you 9 this, but if I they' re saying a house can' t be sold, what I guess I'm getting at is were these 10 covenants and restrictions enforced entirely, or are they just pulled out when the association 11 wants to pull them out? If a house can' t be sold there without the acknowledgement of the 12 association, then how are these people supposed to know? That' s my thought . 13 BOARD MEMBER ORLANDO: Is this number 2, Jim? 14 BOARD MEMBER DINIZIO: I just read it somewhere . 15 MS . MESSIANO: When you purchased the property did Dr. Morrell obtain approval from the 16 association to allow him to sell you the property? MR. FERRELL: No. There was only a letter 17 from the association saying that Dr. Morrell, the previous owner, was in good standing and his dues 18 were paid to date . BOARD MEMBER DINIZIO: So the assumption I 19 guess was he must have made them aware that he was selling the house, and they approved it? 20 MS . MESSIANO: If he got a letter in good standing, that would be the assumption. I would 21 just like to go back to my earlier statement, that it is not this Board' s position or authority to 22 enforce covenants . That' s something that is under the purview of the Building Department . If you 23 see fit -- why are you shaking your head, Mrs . Tortora? 24 BOARD MEMBER TORTORA: I'm shaking my head, actually when I purchased myself, a number 25 of years ago, I researched this whole subject, and I was told -- my attorney may have been wrong -- June 22 , 2004 42 • 1 _ 2 that it is not up to the municipality to enforce covenants and restrictions . Likewise, the 3 property they purchased did have covenants and restrictions on it and I asked the logical 4 questions that' s fine, who enforces them? It' s a civil matter. That was the answer that my 5 attorney gave me . Not the Building Department, no one . 6 MS . MESSIANO : I' ll back up and restate what I was going to say. It has been my 7 experience in the past that the Building Department of this town does look into such 8 matters, and I have known them to make decisions based on the contents of the covenants and 9 restrictions that are recorded against a property and are part a subdivision approval . Whether or 10 not they' re supposed to legally is a matter that I don' t even want to touch, but I do have personal 11 knowledge of the Building Department of this town taking that position. But I would like to go back 12 to my original statement and say that we are spending a lot of time on this covenant matter and 13 that' s not a matter for this board to adjudicate . We' re talking about a setback 14 variance for an existing structure that we believe that the Building Department was remiss in not 15 specifically listing on the original building certificate of occupancy in 1984 and we' re asking 16 for a setback variance for 91 and-a-half feet for the existing deck; and we are asking for a 17 variance .of 15 feet to construct a proposed deck that is approximately 300 to 350 square feet, 18 within which a pool will be set . CHAIRWOMAN OLIVA: Jerry has one 19 question. BOARD MEMBER GOEHRINGER: Mrs . Messiano, 20 you have come before us with numerous pool applications; how would you compare this pool to 21 someone wanting to construct a lap pool, only the difference in design -- and I' m answering the 22 question for you -- is the fact that these walls are supported by steel rather than cement ; is that 23 correct? MS. MESSIANO : That' s my understanding. 24 BOARD MEMBER GOEHRINGER: In the towns of East Hampton and Southampton, they require 25 cesspools/sanitary type system adjacent to their pools for the purposes of pumping the pool off, June 22 , 2004 43 1 2 both in the winter time and when and if the pool needs to be drained totally for the maintenance of 3 the pool? MS . MESSIANO: Right, dry wells for 4 backwash. BOARD MEMBER GOEHRINGER: This Board could 5 place that on restrictions on the pool if they were so inclined to grant this application. 6 MS . MESSIANO: I believe the Ferrells would fully anticipate putting in such a dry well 7 because they would not be so shortsighted as to pull the plug and let however many gallons were 8 contained in the pool run freely. BOARD MEMBER GOEHRINGER: Secondly, this 9 Board could impose some sort of lattice work underneath the deck so as not to see the pool . 10 MS . MESSIANO: That is already proposed if you look at my sketches, that there is lattice 11 proposed the entirety of the face of the decking so as not to have an open exposed site . 12 BOARD MEMBER GOEHRINGER: Thirdly, this is the most unpopular one because we don' t like to 13 breach this issue, and I'm referring as a general statement but I'm going to cite specifically and < 14 say it' s from me, is it your understanding that there is any scenic easement over this property? 15 MS . MESSIANO: I have no knowledge of any scenic easement over the property, and I would 16 like to further state that Mrs . Cappellino, who made the first statement, spoke about her scenic 17 views, et cetera, the area between their property and the Ferrell' s deck and proposed deck is 18 wooded. BOARD MEMBER GOEHRINGER: That' s what I 19 noticed. MS . CAPPELLINO: No, it' s not . In the 20 fall the leaves fall and it' s all open. There used to be woods, there is no woods, it ' s not any 21 more . It' s all open. MS . MESSIANO: This proposed structure and 22 the existing structure conforms to the required side yard. We' re not requesting a side yard 23 variance, nor are we requesting a height variance . We' re not proposing a structure that is solid and 24 obstructive . It also angles away from, if you look at my sketch, I take that back, it does 25 not . But subtlety, it' s probably not visible to the naked eye, but subtlety it does angle away . . June 22 , 2004 44 ' 1 2 from the side yard as the lot line travels in a (—) seaward direction because the house is not 100 3 percent square on the lot . My other comment is that the front yard is not a viable alternative 4 for the pool because of the (a) location of the septic system, the contours, the vegetation. 5 There would be major construction necessary to wipe out the front yard of that property, take 6 away the driveways, et cetera, in order to put a pool . In that would be more deleterious to the 7 nature and character of the area, I think, then to extend the deck because except for this pool 8 issue, I don' t think any of these neighbors would be here . To extend this deck -- I forget the 9 width, Kevin. MR. FERRELL: The existing deck is 13 10 and-a-half feet . MS . MESSIANO: From side to side, from 11 east to west, the new deck is how big? BOARD MEMBER GOEHRINGER: It' s an 12 irregular shape . MS . MESSIANO: 28 feet . If we were 13 overall to extend the existing deck without a r swimming pool in it, 28 feet by 30 feet in a 14 north-south direction, I don' t think we' d have a neighbor here to comment on this because it does 15 nothing but increase that horizontal plain at that five and-a-half to six and-a-half foot level, so I 16 really don' t support the contentions that were made . And again, we' re here to discuss a setback 17 variance of 85 feet and 91 feet for the existing deck to be reconstructed. 18 BOARD MEMBER GOEHRINGER: Lastly, Mrs . Messiano, I need the exact gallonage of that pool . 19 It doesn' t have to be given to us today. CHAIRWOMAN OLIVA: I' d like to make a 20 resolution closing this hearing and reserving decision until later. 21 . MR. MCGREEVY: I' m going to make it very short . First of all, I heard the expenditor say 22 that when the house was built the setback was 75 foot, that' s completely in error. In 1984 it was 23 100 feet, just like it is now. I'm a founder and an officer in an organization that is made of up 24 of practically every Sound front homeowner all around the inlet and from the inlet east, all a 25 around Cutchogue . I do not know of one above-ground pool . It is tough to build a pool on June 22 , 2004 45 1 2 the bluff not in the front yard not in the back r-) yard, you always wind up with variances . Every 3 variance that has been granted, people have put them on the side and in the front yard. To say 4 the front of this property is not a place to put a pool, there' s well over half an acre on the front 5 of their property, well over 27, 000 square feet . You can find an area to put a pool there . 6 Further, everyone in this association has known about these covenants . Practically all with the 7 exception of one have put variances in for bulkheads and received them; and they also put 8 into the association and received 100 percent approval to put the variance in. Now, if everyone 9 else can do it, I think the Ferrells can. Personally, I have no objection for them putting 10 in a variance for an in-ground pool because to say that above-ground pools doesn' t affect a 11 neighborhood is a lot of baloney. We don' t want Mattituck, we don' t want Lloyds Lane to start 12 looking like western Nassau County with all those above-ground pools . They do have an effect on the 13 neighborhood; in-ground pools, not so, but above-ground pools have an effect on the P 14 neighborhood. I've seen my bluff blowout four times, every bit of vegetation gone . Madam 15 Chairman, you know that . CHAIRWOMAN OLIVA: I know, thank you . 16 MR. MCGREEVY: It' s very dangerous up there and water, especially in the winter when 17 those bluffs are frozen, the erosion is tremendous . I don' t care what vegetation you 18 have, trees, shrubs, bushes, ground cover, it all goes . Thank you. 19 BOARD MEMBER DINIZIO : Sir, I just want to ask you a few questions . Going towards these 20 covenants and restrictions . Do you guys meet regularly? 21 MR. MCGREEVY: Yes . The Ferrells have never been to a meeting. 22 BOARD MEMBER DINIZIO: All I want to do is you handed up something, I want to make sure that 23 they' re valid. If you' re meeting regularly, it sounds to me when the gentleman sold the house 24 must have somehow contacted you; is that true when they sold the house to these people? 25 MR. MCGREEVY: No . I just copied certain sections of those covenants; I highlighted them June 22 , 2004 46 • 1 2 because they pertain to this, the others don' t . The association only issues something not 3 that you can or can' t sell your property, they just sell it, they write something that says they 4 have paid all their dues . We just finished with a property in Fairleighs Beach Road. Woman who sold 5 the property was named Scaratt, never paid dues . They were forced to pay dues when the house was 6 sold. The new owner had to pay the dues . Now the dues are not set at X amount . They' re not for 7 beautifying the gully; they' re for paying taxes, paying insurance and for maintaining the 8 property. CHAIRWOMAN OLIVA: We need a break right 9 now. So if Jim wants to carry on the conversation with you -- 10 BOARD MEMBER DINIZIO: No, that' s fine . CHAIRWOMAN OLIVA: I've made a resolution 11 closing the hearing and reserving decision until later. 12 (See minutes for resolution. ) 13 CHAIRWOMAN OLIVA: Reconvene our public hearings . / k 14 MS . MOORE : Do you want to finish up on Villanti? 15 CHAIRWOMAN OLIVA: Go ahead. MS . MOORE : These are important points 16 that I don' t want him to lose, but to begin with, I want to emphasize the fact that the property 17 right now is a dangerous condition. The house is there, the gabion and the bulkhead is exposed, and 18 it' s right next to the boat ramp, so the boat ramp is a public facility. 19 CHAIRWOMAN OLIVA: The boat ramp is closed off . 20 MR. VILLANTI : The boat ramp is closed off, but it' s an enhancement that more people come 21 down there . CHAIRWOMAN OLIVA: You cannot launch your 22 boat because of the guard rail . MS . MOORE : But it is a public facility 23 that people use . So it is open and a hazard to the owner as well as to the Town. 24 What I did is I took from my files several documents, the first one here are photographs 25 taken 11/24/02 . This is one of the October storms and this is when the town boat ramp, the end June 22 , 2004 . 513,c37 - In response to a letter dated July 12, 2004, sent to the board, and accepted into their files... addressed to C.Mesiano, from K. Ferrell, This is to correct innuendo and non factual misleading information: The condescending nature of the suggestion "while it appears that they are not year round residents " .....speaks volumes as to Mr.Ferrell's awareness of and to his neighbors. Words that are written become facts if they are not corrected, and in this case I wish to correct false innuendo and deliberate lack of stating the truth. For the record .... Charles and I are full time residents, and have been for some time.....we are just quiet people...property owners with every right to voice our opinion. Prior to Mr. Ferrell's, purchase of Dr. Morells home 2 years, we had experienced a Nor'easter which caused a cascading effect on the bluff,.....there was no bluff left, it was washed away....the result a straight drop to the beach(cascade) As I have stated in prior communications we planted and replanted in an attempt to assist nature heal itself,....adding a man made threat.... such as a leaking above ground pool is an affront to what many of our neighbors have fought to preserve and prevent. Also , in regards to the"collapsed access stairs" ....there are no collapsed access stairs,there are no stairs, they were washed away...what stands is a single landing, attached to a gate.. The narrow asphalt path down the middle of our back property, ends well before our bluff (see pictures) . To infer this is a source for a " serious problem" indicates to me we are now in a tit for tat situation, not one based on fact and truth, with resolution. True, we are not members of the Honeysuckle organization...however we are members of the greater community of people who own homes on the bluff. I ask that Mr. Ferrels letter be stricken from the record what Mr. Ferrell speculates is not based on fact only on what he thinks. / • ., AUG 1 1 2004 APPg.fiLS (J • ;wr:,-;',',',11,-,',.,,,;,,-,-,,t,..4:;. l� � ;:= FROM . HCGF'EEUY FHS\ HO„ . Aug. 05 2004 05:'17PI ,i. ,k,<,:.:., ;,`;' ''< :43"; ",ttE fii4', air',. ' C ; ,AS� r FR '!'1 . C MES:Ar 10 1 t ,i-'%; irIU. , b,S 1-8 lb-�fy51 :Tu l A+3.,2004i 01', 20P CI,'*r�'P �,, 4,y �'xr" *;peA. k Vii: V 17'10.004 ;1'r„+ -C:h:T ."3t (V�:r.''tw Tse 4 '' ) i 12, 2004 -i..-;','4.N , a y Z a. 1'0, Cathy t11�51a�p .� S •:�;+i";aUsxgr t7 •,..J o. Re; Ferrel; Variance / .. `' g Y .. zt1.s.�' • ni.Ij, Y�4 ���T"y.. .,..N near Cathy, �;. i',:� ='' ' , -� ' i ;r,4 ¢_ 0 .•axe I understand the A Board might vote on my request for a variance this Thursday. -'1:,^,. ...:-,16.1,,`. ,?t' ' I-.A. In order to bring you up.to-date, please note the following; , , z f k#14 0-' The Association's President, Charles Bordsen, suggested he 000rdinate with other members on �4'� }y(y(y(��r) `1 my behalf,which I aa3reed. He also sa ested I mall to all members the request for vote forms • ,"yr'"'r�'6-r X .;-,- received from the Association. I understand that en overwhelming majority of the members "" �-' ` 'P'•• voted to allow my request and only 3 members voted negatively. I have not yet seen copies of s,ft=.;:' ;,�• ,.yw,,r? ,,;,s the vote to know which a:embers voted No. �` -It was also at:nested to me that I await the outcome of the?MA's vote before initiating dialogue , with rry ne;ghbors or member's who have voted against my request. I understand that the i�� ZEA docs not have the authoria�tion or obligation to enforce coverants and restrictions of =`� an Association But, my zequest before the Board is solely reIated to a variance regarding setbacks From the bluff -,. -If the ZBA does approve m y request, I am hoping Mr. end Mrs.Mc Crreevy and any Association .'' members who have voted against our request will accept our invitation to walk the property so that ..', we can discuss in person ours proposal and we can address their concerns. Hoperlly,they will be - - .,t1 satisfied that our request for the pool would not jeopardize the bluff, and would be tastefully built With a , ;s new surrounding deck tucked uplo and recur immediately behind our house. I also hope that ' W Mr. and Mrs Capelliro will also accept our invitation so that I can s.ddrese their concerns regarding . ` ' 9 their view. I hope they 1.1r11 agree that there will be no obstrierion of their view where not already - ',yk blocked by summer growth or by year round evergreens, Although they are not members of the • °'' Association, 1 do care about the quality of our neighborhood and want to be friendly neiighbors •p While it appears they are riot yea*round residents,as property owners,they have every right to i voice their opinion, ''" Finally, I did receive a copy of the terser from the Soil+Water Conservation District. I was pleased to note that they stated that the installation of ae above ground pool would not have an adverse efeet on the ,- •;�'',�`' bluff'and that:t was in good condition and vegetation is profuse and vigorous.I will rectify the one small - ' r •arca of Cptice n notal in their report. However, it was also interesting to sec the report specifically cited V _ ,,,,,,, the erosion on the Association's path to the beach and reconsnienaetior►s to help limitiprevent erosion to the I•",,, �_ heath and to X11 in dangerous holes in the path. Furthermore,I also noted in the report that ;`' ,'"`', bluff caused t p :e„., .,,5�, thegullies and collapsed access stairs, ^: :'k there is existing, droSlo:on the property to east with several large�,11 � p ', >��s I wonder ittlte asphalt path down the middle of their yard has contributed to the serious condition, .-:`,-.- 6 ::r .at theywill vote in favor our request. V r' I plan to attend the next Board lir ^g and hope t� '"' Aside from the request Cor the poll and new deekin ,I still need the Board's approval to, ;''`'f 1 rebuild/repa;r and bring upto code the a stat$deck which is 91,5 feet 7orn the bluff, 1 will not < .41,,6 be extending this any further cyan the 41,5 feet, ':r1 ' t'' >,t please ell]if •,"questions Tharks again For your help, ; . 44 i.,...-f,',1;•/4,, 'fi Ke usan Fe. all , ' ,M?,, -•. Pje Yi • 'II'1:1=',iten f'.. 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''''''',Ik ;.41 'p...4:"'“f--.,.414..0.(44$V-Ne.•-•.4-;-,Is;Pi. W. ' 2'4,1! SPeAt'A4 . S 31' - ' -' • ' 741.1.?...la . . . .•.t. ,Pe.., 7.-- !,i,ai '1,•..'•VA-FN.ei.s$72,ztri!,',..1.:;- ;•,... ..., .,,,,, , •,-.- . , ".1,,„,-..,.. , ot2/4) • 07/4;6 . . ,ofrzti,fr,t,a,e4(4.1 74 Afe414/x4 -- „erz.... . ..., . . i 08 ( 2004 15:21 6312984649 NORTH FORK ENV COUNC PAGE 02 Ap c'- b., * Ar °GI r . df� NORTH FORK ENVIRONMENTAL COUNCIL, INC. `ry � Rt.25 at Love Lane, PO Box 799, Mattituck,NY 11952 Tela 631.298.8880 fax:631-298.4649 b I nfeceoptonline.net www.nfecl.org August 18, 2004 , Ruth Oliva, Chair AUG 1 8 2004 Members of the Zoning Board of Appeals 3 '-Lis-p. Yl^• • • Southold Town zoNING FSOAR® OF AO FALs P.Q. Box 1179 —Southold,New York 11971 Dear Ruth and Members of the Board, These comments are offered in regards to the application of Kevin and Susan•Ferrell to construct an above ground pool and deck within 85' of the bluff on the property identified by tax map number 99-34.6. On behalf of the North Fork Environmental Council,I encourage the Zoning Board of Appeals deny this application for a variance for the following reasons: The Ferrells situation is self created. They bought property with clear covenants and restrictions placed on it by the Honeysuckle Hills Owners Association which prohibit above ground pools. Although the Ferrells state that they were unaware of the restrictions, it is clearly the responsibility of the applicant and their representatives to know existing conditions before purchasing a property— in other words,"buyer beware". If the variance is granted, it will change the character of the neighborhood. According to testimony at a previous hearing,no other above ground pools exists in the area. Granting this variance may also set a precedent for approval future applications,'leading inappropriate and dangerous • development on bluff areas in Southold Town. Finally,the applicant can achieve similar results by different means. It appears from the plans submitted that the Ferrells have enough room to situate an in ground pool in their front yard. Again, according to testimony,locating pools in the front yard is not atypical for the area. I have used the following quote from a publication put out by the New York Department of State before when testifying before the Zoning Board of Appeals and it summarizes our position well. It is from the draft Long Island Sound Management Program, 1993: • a non-profit organization for the preservation of land,sea,air and quality of life printed on 0 recycled paper 08/17/2004 15:21 6312984649 NORTH FORK ENV COUNC PAGE 03 "Respecting the dynamics of shoreline change is necessary to protect human life and property, and to gain both the economic and environmental benefits associated with a more natural shoreline. The coast is not inherently hazardous;it is the inappropriate location of development that creates a hazard for life and property. Avoiding inappropriate decisions for locating structures near eroding lands is the first and most reasonable way to respect the dynamics of changing shorelines. Allowing the Sound's shorelines to operate as natural dynamic systems and restoring these natural processes also provides benefits of public access, scenic beauty,wetland and water quality improvements, and erosion and flood protection. Interference with the Sound's shoreline dynamics will continue to result in a loss of these and other benefits, at public cost. Accepting these costs is only appropriate in areas where public benefits clearly outweigh public costs." Thank you for your consideration. Sincerely, tar— 4.1.41,12-12-21-1 Gwynn Schroeder NFEC Southold Coordinator 08/17/2004 15:21 6312984549 NORTH FORK ENV COUNC PAGE 01 J , • • AI .) IllORThi FORK EP4VIRO111141E$TAL COUNCIL,, MC. Rt.25 at Love Lane,PO Sox 799,Mattituck,NY 11952 Tel.:631-298-8880 Fax:631-298.4649 nfec@optonllne.net www.nfecl.org FAX COVER SHEET C' ig' oy DATE: - TO: z,i/fi1 4 FAX: "`l 66-`" J 6.L FROM: Gli'' 110 N Sent,00 '— PAGES: 3cover) fAt 1-1001/1, . ametfi) .- C. w+, t.m di- t,.._. kftuck-T7 ,..q. ,i 61„.iiii,i.hv a non-profit organization for the preservation of land,sea,air and quality of life printed on 0 recycled paper Ms. Ruth Oliva ZBA P.O. Box 1179 Southold,NY 11971 August 19, 2004 Dear Ms. Oliva, The decision by the Zoning Bd. Of Appeals to continue the dialogue concerning the variance for an above ground pool on the bluffs of Mattituck leads me to examine the file in detail and I have very poignant questions regarding certain issues. 1. Have elevations, as promised on 6/17/04 ever been furnished? 2. Where are the non jurisdiction letters from DEC and the Trustees that were mentioned? 3. As the C of 0 does not list the existing deck(91 ft. from the top of the bluff), is it then considered nonconforming? If this is the case, then by granting this variance, are you not changing its status from nonconforming to conforming? 4. In the letter from Mr. Ferrell dated 7/1/04 he states that the inner liner is 22mm width. What does that mean? As one inch equals 25.40 mm I really doubt the vinyl liner is one inch thick. 5. Nowhere did I see mentioned the phrase"in kind in place"which is customary when just rebuilding something. 6. This is, without exception a self-created difficulty. Mr. Ferrell has more than .6 acres in front of his house. That's plenty of room to build an in ground pool like everyone else along the bluff. 7. These bluffs are unique. They exist in only three places on this earth. It takes quite awhile to learn how they react to different situations both natural and manmade. Most, if not all, of the blunders made are made by people new to the area who have not have the time to learn what can and cannot be done. An above ground pool in the bluff area is a disaster waiting to happen. Hurricanes and Nor'Easters occur with hammer blows in the area. If this proposed above ground pool ever bust, it would send 11,500 gallons of water, 48 tons, cascading over the bluff face and down the gulley carrying away everything in its path. It would be a true disaster. 8. This proposal lacks the support of just about everyone living on the bluff from Bailie Beach Rd. to the end of Soundview Ave. in Mattituck. Collectively they signed a petition that the ZBA should have on file. 9. It is an unwise idea to construct an above ground pool only 85 ft. from the crest of the bluff Common sense needs to be used when dealing with environmentally sensitive areas such as this. Sincerely, 41 Ron McGreevy pl/M2 # c454 , Ms. Oliva, and members, August 19, 2004 I would like to thank you for your time and patience with regards to this matter. My husband and I believe it is important for us to continue our opposition to the installation of this structure, and proposal for the variance. Doris Mc Greevy and I took the opportunity to present our concerns about this request to our neighbors ....those people who own homes on the bluff. The response was incredibly over whelming against the granting of this variance. The homeowners that live on the bluff, and have pools...have installed underground pools, and unanimously agree to the potential disaster that could occur from gushing water flowing from an above ground pool.. George Peck was an excellent example of variances granted without thought and appreciation of what can occur. His bluff is a disaster, and the stress he has endured is not a healthy situation. We do not want to be in a similar situation ! I am sure Mrs. Mc Greevy will affirm what I have said, as well as providing further documents. My previous statements are being resubmitted , as well as pictures so that you may better understand our concerns. There are other options open to Mr. And Mrs. Ferrell, the same options that the neighbors on the bluff had when they installed underground pools. This request for variance has caused many problems for the Ferrell's, however we did not create the situation. We want to live in peace, without the worry of losing more property to the ravages of water...including the chlorinated kind. Thank you, Louis& Charles Cappellino �S In response to a letter dated July 12, 2004 , sent to the board, and accepted into their files... addressed to C.Mesiano, from K. Ferrell, - This is to correct innuendo and non factual misleading information: The condescending nature of the suggestion "while it appears that they are not year round residents" .....speaks volumes as to Mr.Ferrell's awareness of and to his neighbors. Words that are written become facts if they are not corrected, and in this case I wish to correct false innuendo and deliberate lack of stating the truth. For the record .... Charles and I are full time residents, and have been for some time we are just quiet people...property owners with every right to voice our opinion. Prior to Mr. Ferrell's purchase of Dr. Morells home 2 years, we had experienced a Nor'easter which caused a cascading effect on the bluff, there was no bluff left, it was washed away....the result a straight drop to the beach(cascade) As I have stated in prior communications we planted and replanted in an attempt to assist nature heal itself,....adding a man made threat.... such as a leaking above ground pool is an affront to what many of our neighbors have fought to preserve and prevent. Also ,in regards to the"collapsed access stairs" ....there are no collapsed access stairs,there are no stairs, they were washed away...what stands is a single landing, attached to a gate.. The narrow asphalt path down the middle of our back property, ends well before our bluff ( see pictures) . To infer this is a source for a " serious problem" indicates to me we are now in a tit for tat situation, not one based on fact and truth, with resolution. True, we are not members of the Honeysuckle organization...however we are members of the greater community of people who own homes on the bluff. I ask that Mr. Ferrels letter be stricken from the record what Mr. Ferrell speculates is not based on fact only on what he thinks. '4 L Ms. Oliva, and Board Members July 2, 2004 After attending last nights meeting, I was amazed and disturbed that so much misinformation ,lack of information, deleted information, and facts were presented by Jerry Goehringer(further referred as JG) His analysis and presentation of this variance was flawed by confusion, and facts not pertinent to the problem. re: Mohr's estate, South Hampton, an elevated pool on stilts, and the fact he has lived here since 1948. This variance is not a 35 foot extension on an existing porch, it is a quality of life issue, an environmental issue that can have permanent damaging effects to our properties. even with all these proposed rings. When he spoke of the"the neighbor to the East" not only was this insulting, but reinforced my belief that JG 's decision was made prior to these meetings,and made public when he waved, and referred to Mr.Farrell as"Kev". The flippant arrogance of JG to suggest that a 24 X 15 foot pool is a hot tub,is his continued attempt to minimize and diminish any opinion other than his and the Farrells . A pool containing 11,000pds ( not 1,100 } /4200 tons of water is not a hot tub/sauna I I 1 . confirming my belief that he alone is not qualified to make this decision...proof in his result with incomplete mistaken misinformation.. This decision should be made on abiding by legal covenants , respect for all the neighbors, quality of life, and the change in my tax paying view of the Sound. When anyone takes on the mantle of serving in a public office, elected or appointed , their job is serving ALL their constituents, not a selected few. Ms. Oliva I invite you to see what I am trying to protect....it will be obvious to you as you go up the driveway , and down to the bluff. Thank you for your time and attention to my letter. "the neighbor to the east" Louise Cappellino Cc: Josh Horton • WE HAVE LIVED IN MATTITUCK FOR 24 YEARS , AND CAN STILL REMEMBER WHEN THE THE PROPERTY WEST OF US WAS ALL WOODED. OVER THE YEARS THE PROPERTY WAS DEVELOPED AND WE REALIZED THAT OUR NEW NEIGHBORS WERE SEEKING THE SAME LIFE WE WERE ENJOYING... LIVING IN THE OREGON HILLS ON THE BLUFF IN MATTITUCK. WITH REGARDS TO THE PROPOSAL FOR AN ABOVE GROUND POOL WE WOULD LIKE TO STATE THE FOLLOWING : ACCORDING TO THE PLANS , IT IS OUR BELIEF THAT THIS STRUCTURE WILL DIMT NISH THE SCOPE OF THE VIEW WE HAVE ENJOYED OVER THE YEARS. THE PROXIMITY OF THIS STRUCTURE RAISES TREMENDOUS DOUBT AS TO THE ADVERSE AFFECTS THIS WILL IMPACT ON OUR PROPERTY VALUES. THE FARRELL DECK IS HIGH, AND OUR PROPERTY HAS A MORE SLOPING AND HILLY AFFECT. THEREBY MAKING THIS STRUCTURES ELEVATION HIGHER THAN WHAT IS BEING SHOWN. THIS PLAN LACKS FACTS...ELEVATION OF THIS STRUCTURE LACKS DEFINITION. THERE IS CONTRADICTION IN MEASUREMENTS PERTAINING TO POOL DECK AND SIZE . PERHAPS THIS IS THE REASON FOR LACK OF STATS PERTAINING TO ELEVATION. POOLS HAVE DRAINAGE COLLARS...WHERE WOULD THESE BE PLACED, AND WHERE WOULD IT DRAIN INTO. THE PROXIMITY OF THIS STRUCTURE ASO RAISES AN ADDITIONAL THREAT AS TO THE POTENTIAL OF A WATER LEAK. AS STATED OUR PROPERTY IS NATURALLY SLOPED, THE WATER WOULD THEN RUN EAST. CREATING A CATCH BASIN FOR THOUSANDS OF GALLONS OF CHLORINATED WATER. FOR THOSE OF US HO HAVE LIVED HERE LONG ENOUGH, ARE WELL AWARE OF THE INTENSE ` NOREASTERS' THAT HAVE HIT THIS AREA,..AND THE SUBSEQUENT DESTRUCTION. TWICE WE LOST OUR STAIRS TO THE BEACH.... AND THREE TIMES WE WATCHED THE CLIFF CASCADE DOWN..TAKING WITH IT ALLTHE VEGETATION. WE REPLANTED AND ALWAYS HOPED THAT THIS WOULD NOT OCCUR AGAIN. IN THE WINTER THE ICE AND SNOW IS FORIVIIDABLE. ..THESE ABOVE GROUND POOLS HAVE BEEN KNOWN TO BURST. WHEN THE GROUND IS FROZEN ...WHERE WILL THIS WATER GO??? WHAT ENVIRONMENTAL CRISIS WOULD WE FACE ...FOR THE BLUFF, AND SURROUNDING PROPERTIES??? THE SITE SELECTION FOR THIS STRUCTURE IS ILL CONCEIVED, AND NOT A WISE CHOICE. THEIR FRON T PROPERTY OFFERS A BETTER ADVANTAGE, AND MORE AREA. IT HAS BEEN OUR BELIEF THAT AN ABOVE GROUND POOL WAS NEVER AN OPTION FOR RECREATION SUCH AS PROPOSED . THE AESTHETICS OF THIS r. 1 Dear Ms. Oliva, and Board members, October 29, 2004 I would like to thank you and the members of the board for your patience during these past months, and hopefully arriving at a fair and equitable decision. It had been my hope that after the meeting in May when Mr. Ferrell spoke with Doris/Ron McGreevy, and myself. a solution would have been reached more amicably, and with less angst. Unfortunately the reality exists that none of us will achieve a good neighbor policy at this time. In retrospect if Mr/Mrs Ferrell knocked on our doors and opened up a dialogue with us before hiring Ms. Meseano ,I truly believe we would be saying"hello" over our fences instead of avoiding each other. At this point I still have many concerns...especially the installation of all approved materials including proper and an adequate dry well for run off....I want to avoid all problems down the road.. especially the legal ones. We know what the ravages of nature can do to our property, for us it was 1 when our bluff had no vegetation, and the years it took to get back to where we are today. Often homeowners think that they can control the forces of physics and nature....never seen it happen. Environmentally I still believe it would be better served that this pool be constructed on the front piece of his property. Our time during last weeks session ended with a little theatre and drama from Ms. Mesiano,....opening the door for fresh air with a flair, and a break by the board, left me wondering " what just happened"...as I expressed to you afterwards Ms. Oliva this part of Long Island is truly beautiful. .as you well know. However,when a community changes ...(not all change is bad) it inadvertently loses the charm and reason for living in it. People move out when it loses the aura of that charm that made it so special. Again my deepest appreciation to all in accomplishing what ultimately benefits the entire community on Soundview Avenue,thank you again.... .and I would like to wish you all Happy Holidays. fr ouise Cappellino Ruth Oliva, Chairwoman Southold Town Zoning Bd. of Appeals 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 AUG 1 6 2004 August 14, 2004 ZONING BOARD OF APPEALS Dear Ruth Oliva, We have enclosed a petition regarding the Ferrell property variance# 5538. In response to the Southold Town assistant attorney's suggestion,we have surveyed the residents concerning the change in character of the neighborhood in question with the introduction of an above ground pool. We have found that all residents polled rejected this variance proposal. This petition is signed by neighbors who reside on the Sound front and who personally would be affected by the ZBA's decision. Sincerely, "-ek_ e"SA-IZL)-}b-- „ Ron&Doris McGreevy M CAV' s PETITION TO THE SOUTHOLD TOWN ZONING BOARD OF APPEALS We, Mattituck homeowners who reside on the bluffs, firmly oppose the approval of above ground pools in this environmentally sensitive area. Living on the bluffs, and assuming responsibility for their stewardship, we adamantly resist any attemptsQ to allow above ground pools, with the potential of collapse, destroying the bluff face. • This particular property owner has requested a variance to install a midsize above ground pool containing 11,500 gallons of water, 48 tons, to be1j1aced-85 ft. from the bluff • line. If approved, this will forever change the character of the neighborhood, since there are no above ground pools on the bluff, and to allow this to occur will signal your support for this activity. DATE NAME ADDRESS meg' j A' , AP I70ci Aid� / th / '�/ pra 4 MO 1 , '. s ,-.),1 � c4—..(S....... . 7/1 o , • / / lo0® las,_; it- ____,6.e_ t• , 7/ 2/D 773 gaittLc 14. 4 , L.f: " , _,.....A..,._—&1 _ _ , / f , 7-�(� L A k l1.I0A 1— c,,t— 4 . .H1 3/‘: c6-t"); ,C1.—_..--'''`— li°1i. , � / 360OC, 5OUAA& -Ave v 4 Pz T S-dt„,,,,60,,...e,„,..) ,. 7 �� � yt -��. , • / , . 3® sem , 1 °` /. jitil_i ° ®U • 1.4,1_,L, L, mast& _ .. ,c- 0 . . 7[ f (DL( 237SRAI/Ur-J/4Q_ • 9 PETITION TO THE SOUTHOLD TOWN ZONING BOARD OF APPEALS We, Mattituck homeowners who reside on the bluffs, firmly oppose the approval of above ground pools in this environmentally sensitive area. Living on the bluffs, and ' assuming responsibility for their stewardship, we adamantly resist any attempts to allow • above ground pools, with the potential of collapse, destroying the bluff face. This particular property owner has requested a variance to install a midsize above ground pool containing 11,500 gallons of water, 48 tons, to be placed 85 ft. from the bluff line. If approved, this will forever change the character of the neighborhood, since there are no above ground pools on the bluff, and to allow this to occur will signal your support for this activity. DATE NAME ADDRESS -7/4 RET-c_c)O—WrdVi-e-tc)1 7 D c=�C �'-ie' �� /1 fi cr - (-4J . �� 75-7-€14:0/04 +1,14 , �v6 7/4- C-Ar pe..< oy c eff ,t • nj a 335T .. 47/ ittckm,f 4ve, / ' Z.S! • • Charles M.&Louise A. Cappellino 65 Soundview Ave. Mattituck,NY 11952 1000-99-3-2 Honeysuckle Hills P.O.A. c/o Peter Mc Greevy P.O. Box 1047 Mattituck,NY 11952 1000-99-3-4.21 Doris E. &Ronald F. McGreevy P.O. Box 427 Mattituck,NY 11952 1000-99-3-4.5 Jane F. Broderick Pitts& Arthur G. Pitts P.O. Box 637 Mattituck,NY 11952 1000-99-3-4.7 Kelly A. Bordsen& Charles P. Bordsen Jr. Riley Ave. P.O. Box 1741 Mattituck,NY 11952 1000-99-3-4.8 4 �1`v y #7079 \‘k( \3( STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) ( O' ?_..k ° Off( Mary Jo Wrynn of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 12th day of August , 2004. 71(4Q47 9° Kincipal Clerk Sworn to before me this I day of atArp/A, CHRISTII nLINSKI _ -__ NOTARY PUBLIC-STATE OF NEW YORK coverage with the proposed addition cent of the total building,and in excess NO. 01-V06105050 will exceed the`code limitation of 20, of the code limitation of 500 sq. ft. of Qualified In Suffolk County percent. Location of Property: 955 floor area.Location of Property:North Pequash Avenue,Cutchogue;CTM 102- Side of Central Avenue,Fishers Island; Commission Expires Febnear til, BOOB 7-22. CTM 6-6-20.7. Mt' d 9:50 a.m, EDWARD L. KAVA- 10.50 a.m. ELIZABETH TWOM- I p /IQ_ NAGH#557d. Request for a Variance EY#5579.Request for a Variance under 41kLt�^' /w' under Sections 100-242A and 100-244, Section 100-242A and 100-244, based based on the Building Department's on the Building Department's July 19, June 17, 2004 Notice of Disapproval, 2004 Notice of Disapproval,stating that for the reason that the dwelling addition the"as built"deck does not meet ZBA to the existing nonconforming garage Condition No. 4502 rendered 8/28/97, will be less than 35 feet from the front for a size 8'x 12'when located less than yard line. Location of Property: 11255 35 feet from the front property line.The Sound Avenue,Mattituck;CTM 141-3- "as built"deck is an increase in degree 6.3. of nonconformance (ref. length). 10:00 a.m. LAWRENCE AND Location of Property: 135 Calebs Way, CP JOAN ANDERER#55.70.Request for Greenport;CTM 40.1-1-60. . a Variance under Sections 100-242A and 11:00 a.m. CLEAVES POINT LEGAL NOTICE 100-244, based on the Building CONSTRUCTION CORP. #5576. SOUTHOLD TOWN BOARD OF Department's June 17,'2004 Notice of Request for a Variance under Section APPEALS Disapproval, for the reason that the 100-244B, based on the Building THURSDAY,AUGUST 19,2004 additions/alterations will be less than 10 Department's May 7, 2004 Notice of PUBLIC HEARINGS feet on a single side yard,and less than Disapproval, amended June 18, 2004, NOTICE IS HEREBY GIVEN,pur- 25 feet for both side yards.Location of stating that the proposed dwelling will suant to Section 267 of the Town Law Property: 950 Strohson Road, be less than 35 feet from the rear yard and Chapter 100(Zoning),Code of the Cutchogue;CTM 102-10-24. line, at 2045 Gillette Drive, East Town of Southold,the following(new) 10:10 a.m. FITNESS ADVAN- Marion;CTM 38-3-13. public hearings will be held by the TAGE#5582(Owners:W.&E.Hufe). 11:05 a.&. RONNIE and JANICE' SOUTHOLD TOWN BOARD OF Request for a Special Exception under SONFI{;R#5563.Request for a Special APPEALS at the Town Hall, 53095 Section 100-101B, based on the Exception under Article III, Section Main Road, P.O. Box 1179, Southold, Building Department's July 19, 2004 100-30A.2B and 100-31B,sub-sections New York 11971-0959, on THURS- Notice of Disapproval,for conversion'of 14a-d of the Southold.Town Zoning DAY,AUGUST,19, 2004 at the times the existing commercial building to a Code for an Accessory Bed and noted below (or as soon thereafter as recreational/fitness facility.Location of Breakfast, accessory to the owner's possible): Property: 3750 Youngs Avenue, occupancy in this single-family 9.00 a.m. KEVIN and SUSAN Southold;CTM 55-2-16.Zone District: dwelling, for lodging and serving of FERRELL #5538. Request for a B Business. breakfast to not morethansix(6)casual Va'ante under Section 100-239.4A _ 10:20 -WIi1TNEY- B. ARM- and transient roomers;clearly incidental STRONG #5577. Request for a and subordinate'to the- Srineipal use of -;based do the Building Department's. .- -bciinl 19, 2004 Notice of Disapproval; Variance under Section 100-230.4A.1, the owner's residence at 25100 Main amende9, 2001;8;•2004.'Applicants is pro- based on the Building Department's ' Road,Orient;CTM 18-6'6. ;pose a,;dec1 ddition and above=ground March 19,2004 Notice of Disapproval, 11:15 a.m. JAMES AND SARA pbbl atas;than 100'feet from the top of ami;ndedCMay 44,2004,for the reason GARRETSON #5571. Request for a the Souii'd Muff, at 130 Lloyds Lane, that-the proposed dwelling will be less Variance under Sections+100-242A and Mattituck;CTM 99-3 4.6. than 100 feet from the top of the bluff or 100-244, based on, the Building 9:10 a.m. GEORGE L.PENNY V bank adjacent to the Sound.Location of Department's June 28, 2004 Notice of - #5573. Request for a Variance under Property: North Side of Clay Point Disapproval, amended July 20, 2004, Road,Fishers Island;CTM 2-1-11.3. Section 100-142,based on the Building 10:30 a.m. FISHERS ISLAND citing the lot coverage limitations of Department's June 30, 2004 Notice of CLUB, INC. #5533. Request for a 20% of the code and 24+- percent as Disapproval,for the reason that the pro- Special Exception under Section 100- exists. The applicant proposes a porch posed addition to the existing dwelling 31B(7)for construction of tennis pavil- addition which will increase the existing will be less than 70 feet from the rear ion buildings,which includes a pro shop nonconforming lot coverage, at 1620 property line. Zone District: Light with office, bathroom, screened porch Village Lane,Orient CTM 24-2-16. Industrial. Location: 180 Kerwin area,for private use by the club mem- The Board of Appeals will hear all Boulevard,Greenport;CTM 53-2-23. bership. Location of Property: South persons, or their representatives, desir- 9:20 a.m. JANET LARSEN and Side of East End Road,Fishers Island; ing to be heard at each hearing,and/or CAROL WITSCHIEBEIN #5569. CTM 46_9 desiring to submit written statements Request for Variances under Sections 10:40 a.m. ISLAND HEALTH before the conclusion of each hearing. 100-242A and 100-244; based on the PROJECT, INC./FIDCO #5578. Each hearing will not start earlier than Building Department's June 30, 2004 Request for a Variance under Section designated above.Files are available for Notice of Disapproval, for the reason 100-31C(2), based on the Building review during regular business hours.If that the proposed additions will be less Inspector's March 16, 2004 Notice of you have questions,please do not hesi- than 15 feet on a single side yard, at Disapproval,amended April 8,2004 for tate to call(631)765-1809. 1000 Sound Beach Drive, Mattituck; the following reasons: (1)the proposed Dated:July 26,2004 CTM 99-1-5. dwelling appears to be designed as a BOARD OF APPEALS 9:40 a.m. JEFFREY S. SMITH "health clinic"as opposed to a doctor's RUTH D.OLIVA,CHAIRWOMAN #5566. Request for a Variance under home professional ocupation/office,and By Linda Kowalski Section 100-244,based on the Building (2)the proposed accessory use as a dot- 7079-1T 8/12 Department's June 15, 2004 Notice of tor's office measures 1650 sq.ft.in total nicannmval fnr tha rr+acnn that tha 1nt ci7A enrmmnaccina mnro than SO nor_ COCOe•- - HONEYSUCKLE HILLS PROPERTY OWNERS ASSOCIATION, INC. MA I.'I 1TUCK, NY August 11, 2004 • Mr. &Mrs. Kevin Ferrell ` 130 Lloyd's Lane I IV Mattituck,NY 11952 • AUG 1 6 2004 Dear Mr. &Mrs. Ferrell, L2! OARD2L. EPEALS The Association has conducted a vote on your proposal to install an above-ground - swimming pool. As you know, Covenant 10 specifically prohibits above-ground swimming pools. Article VI(b) of the Association's constitution requires the unanimous s`? approval of all property owners, without exception, when considering proposals that impact the covenants. A majority of the property owners have voted against your proposal, and as a result, the Association does not grant permission for the installation of an above-ground swimming pool. • • Very truly yours, • • • • Charles Bordsen,Jr. • ' cc: Ruth D. Oliva • 6 6-3 5,t 0 , ep Kowalski, Linda W From: chartering@bulkchemny.com Sent: Thursday, July 01, 2004 10:25 AM To: Kowalski; Linda Subject: KF-0701.009 FERRELL Ifax of zo.Es, szfi,of _.APPEALS JUL 12004 BULKCHEM CHARTERING CORP. , NY 4 Tel: 631-467-6655 Fax: 631-467-7659 EMAIL: chartering@bulkchemny.com PLEASE SEND LONG FAXES/SOF'S/ETC. TO: 631-738-9631 Our Ref:KF-0701.009 Jul-01-04 10:25 Eastern Daylight Time July 1, 2004 To; Town of Southold Zoning Board Att; Linda Kowalski Re; Variance Request Ferrell 130 Lloyd's Lane, Mattituck Dear Linda; The Board heard my request for the variance on June 22nd. I understand that there were some questions regarding the size and type of above ground pool that may not have been properly answered. Kindly insert this letter and attachment into our file as the Board might find them beneficial when they do review and vote on my request. I intend to install a "TITAN" model, Johnny Weissmuller pool manufactured by Delair L.L.C. I found this pool to be far superior in quality, strength and durability compared to the normal type of vinyl pools. Please find attached a copy of features of the pool from the brouchure. -The water capacity is about 11,500 gallons. -The exterior wall of this pool is made of vertical interlocking pieces of aluminum that create a rigid and puncture resistant outside wall. -From the outside, you cannot push into the pool as you can with other types of pools with a thin sheet metal or plastic exterior wall. -The inner liner is 22mm width, whereas, most others are only 12-15mm. -The Titan pool is warranted for 60 years. Furthermore, we received a copy of the letter from the Soil + Water Conservation District. Please be assured that the lawn debris referred to will be removed and vegetation as the recommended will be planted. Thank You, Kevin M. Ferrell Work; (631) 467-6655 Home; (631) 298-5560 . cc: Cathy Mesiano 1 The TITAN sets the standard in beauty,quality and pure summer indulgence. SWiMNOWM.-_ Handsomely crafted,the TITAN'S oval design and compact Stealth Support System' 33' x 18' 30'x 15' 24' x 15'--L-,.-.____i_ o provide an abundance of swimming area, using less overall space.Tough,durable -I extruded aluminum construction offers years of long-lasting enjoyment from your pool. v WALL COLORS AVAILABLE: v Your purchase of a TITAN pool inclu des a 60 year warranty. ci . 4k [. [. COLD MEDAL FEATURES OF THE TITAN ARE: ' a ::r. ,~ Champagne with • 52" Wall Height—First introduced by Johnny Weissmuller Pools Simla Trrmrae • Extruded Aluminum Interlocking Wall—The ultimate in strength and durability •.• Extruded Aluminum Top & Bottom Clips—Add stability to the frame of the pool OvrIo res; • r Extruded Aluminum Coping with Slip-Resistant Finish—For added safety Side Sun Decic9° '^ j _ • Stainless Steel Fasteners--For maximum corrosion resistance End Sun DeckDeck" i 1 . • Aluminum Liner Receiver—Will not crack Pool Fence ' S Wall Coated on Both Sides—For optimal protection inside and out Promenade Walk with Fence" II i • Stealth Support System'—Allows for a larger pool in less space Grand Entrance Staircase"' • Extruded Aluminum Tie Bars and Water Plate—Substructure offersPortholes �. C_) Y unprecedented strength Underwater Lights _ avi y ' - . ' 1. °'Not arxdiabk far all size pools. Stealth Suppe Soto of pool at left shown toith optional optional porti N Promenade Walk with Feria and Sun Dai:. 6 m 0 RI mks. D ' ; •' .sk DID YOU KNOW JOHNNY WEISSMULLER WAS VOTED THE GREATEST SWIMMER OF THE FIRST HALF CENTURY (1900-1950) BY THE SPORTSWRITERS OF AMERICA? ,• , �q i; -•}ire t� ! Q , •—• ,: WE HAVE LI VED IN MATTITUCK FOR 24 YEARS , AND CAN STILL • REMEMBER WHEN THE THE PROPERTY WEST OF US WAS ALL WOODED. • ;':s :•+i e',. OVER THE YEARS THE PROPERTY WAS DEVELOPED AND WE REALIZED THAT OUR NEW NEIGHBORS WERE SEEKING THE SAME LIFE WE WERE ENJOYING . LIVING IN THE OREGONON THE BLUFF IN MATTITUCK `k `'7• % ,"_; �'u�' ; 'r"", HILLS '•� ".'e��_:;.�� ',,F;, WITH REGARDS TO THE PROPOSAL FOR AN AB OVE GROUND POOL WE �>,`•� ' :;F:`�����. WOULD LIKE TO STATE THE FOLLOWING . ACCORDING TO THE PLANS , IT IS OUR BELIEF THAT THIS,STRUCTURE LDIMINISH WIDISH THE SCOPE OF THE VIEW WE HAVE ENJOYED OVER THE '''T''' ✓'` `�'f'•Y YEARS. THE PROXIMITY OF THIS STRUCTURE RAISES TREMENDOUS DOUBT AS TO THE ADVERSE AFFECTS THIS WELL IMPACT ON OUR • c : PROPERTY VALUES. THE FARRELL DECK IS HIGH, AND OUR PROPERTY HAS A MORE SLOPING AND HILLY AFFECT. THEREBY MAKING THIS STRUCTURES ELEVATION HIGHER THAN WHAT IS BEING SHOWN. THIS PLAN LACKS FACTS ELEVATION OF THIS STRUCTURE LACKS DEFINITION THERE IS CONTRADICTION IN MEASUREMENTS PERTAINING TO POOL DECK AND SIZE PERHAPS THIS IS THE REASON FOR LACK OF STATS PERTAINING TO ELEVATION. POOLS HAVE DRAINAGE COLLARS ..WHERE WOULD THESE BE PLACED, AND WHERE WOULD IT DRAIN INTO. THE PROXIMITY OF THIS STRUCTURE ASO RAISES AN ADDITIONAL THREAT AS TO THE POTENTIAL OF A WATER LEAK. AS STATED OUR PROPERTY IS NATURALLY SLOPED, THE WATER WOULD THEN RUN EAST. CREATING A CATCH BASIN FOR THOUSANDS OF GALLONS OF CHLORINATED WATER. e h' FOR THOSE OF US HO HAVE LIVED HERE LONG ENOUGH, ARE WELL AWARE OF THE INTENSE ` NOREASTERS' THAT HAVE HIT THIS AREA,..AND THE SUBSEQUENT DESTRUCTION. TWICE WE LOST OUR STAIRS TO THE BEACH.... AND THREE TIMES WE WATCHED THE CLIFF CASCADE DOWN..TAKING WITH IT ALLTHE VEGETATION. WE REPLANTED AND ALWAYS HOPED THAT THIS WOULD NOT OCCUR AGAIN. IN THE WINTER THE ICE AND SNOW IS FORMIDABLE. _THESE ABOVE GROUND POOLS HAVE BEEN KNOWN TO BURST. WHEN THE GROUND IS FROZEN ...WHERE • . WILL THIS WATER G0772' WHAT ENVIRONMENTAL CRISIS WOULD WE FACE . .FOR THE BLUFF , AND SURROUNDING PROPERTIES??? THE SITE SELECTION FOR THIS STRUCTURE IS ILL CONCEIVED, AND NOT A WISE CHOICE. THEIR FRON T PROPERTY OFFERS A BETTER ADVANTAGE, AND MORE AREA IT HAS BEEN OUR BELIEF THAT AN ABOVE GROUND POOL WAS NEVER AN OPTION FOR RECREATION SUCH AS PROPOSED . THE AESTHETICS OF THIS _ f ,ter ,"` :41``` ''`��'c421-;'';, ' 'PROPOSAL IS NOT CONDUCIVE TO LIFE ON THE BLUFF. THIS STRUCTURE IS N : r- II DECLARATION OF I I ' PROTECTIVE COVENANTS AND RESTRICTIONS I . HONEYSUCKLE HILLS AT MATTITUCK 11 ; DECLARATION made this day of , 1981, by WALTER i. GATZ , residing at (no #) Soundview Avenue , Mattituck , New York, hereinafter called the Declarant . I: _ II WHEREAS, the Declarant is the owner in fee simple of the II following described premises : II fI • II ALL that certain plot, piece or parcel • h of land in the Town of Southold, County of • II Suffolk , State of New York, known and desig- 1. nated as Lots 1 through 18 on a certain map �,I entitled "Map of Honeysuckle Hills at • ! Mattituck, Town of Southold, Suff Co . , N. Y. " I! County of Suffolk on the day of i 1981, as Map No. . II II u; WHEREAS, the Declarant desires to make this Declaration ; setting forth reservations, restrictions , covenants , conaitions , • and agreements , subject to which the property shown on said map is now held and shall be sold and conveyed. r. P NOW, THEREFORE, the aforedescribed premises shall be subject II to the following covenants and restrictions which shall run with p the land: ii 1 . Definition of lot. A " lot" is such parcel as is sepa- • '• rately numbered as a building lot on the aforesaid map. 2 . No lot shall be subdivided, sold or conveyed, except as • I'• a whole, without the written permission of the Declarant or his :; successors or assigns , and the consent of the Planning Board of i' the Town of Southold . No lot shall be used for access to adjoining property. Il 3 . No lot shall be improved or have placed or maintained I! thereon any structure other than a single family dwelling, not to exceed two stories in height with a detached private garage for not more than three ( 3) automobiles . A two-store dwelling shall h 4 . No building or structure shall be erected on any lot 11until the building plans as to the site location, outward appearance and design, including driveways and landscaping/ have been approved, in writing, by the Declarant. There shall be no i alteration to the exterior of any dwelling or structure except in 1 accordance with the plans and specifications which have received III the prior written approval of the Declarant or his successors and ! assigns. All dwellings and structures shall conform to all applicable codes and regulations of the Town of Southold, and no variance threof may be obtained without written approval of the ijDeclarant or his successors or assigns. Two copies of proposed 'i plans and specifications shall be submitted to the Declarant, his 1 successors or assigns , one of which, when approved, shall be !i returned to the owner with such approval endorsed thereon. If 1! the Declarant, his successors or assigns, shall neither approve or 1 disapprove the plans and specifications within 30 days after they I have, been received by the Declarant, the plans and specifications shall be deemed approved. i 1; 5 . No lot shall be used or maintained for any purpose other than a one-family residence. No trade, business or manufacturing shall be carried on in any residence or anywhere on the property. Specifically exempt from this restriction, however, are the professions of medicine, dentistry, law and architecture, pro- 1vi•ding the professional business does not exceed the licensed practitioner who is a resident in the dwelling on the lot and one Iassistant. No obnoxious or offensive activities shall be carried ii on upon any lot, nor shall anything be done on a lot which may become an annoyance or nuisance to the neighboring properties. i 116 . 14o sign;, o Lhui Lhai: c,nc iden.t: fyir:g tha . .^.cr' s r?:mr' sl'ie number of the house or professional sign shall be erected on the ! premises . Permissible signs shall not exceed 10 inches by 20 1 inches, comprised of a white field with black letters or a black ( field with gold letters. This restriction shall not prohibit the .I Declarant, his successors or assigns , from using said premises or i any part thereof for the sale of real estate , including the right I; to place subdivision advertising signs or model home signs on the 11 premises. ! 7. No fences or exposed clotheslines shall be erected or <{ hedges grown upon the property without prior written approval of • is the Declarant , his successors or assigns. ii !I 8. No animals, livestock or poultry of any kind shall be i, raised, bred or maintained on any lot, except for dogs, cats , or other household pets provided they are not raised, bred or main- �i tained for any commercial purpose . No animals shall be housed on the exterior of the premises . r '' 9 . All debris and excess building material must be removed from any lot prior to occupancy. No area of the premises may be ;i used for the dumping of garbage or other debris , and all such materials shall be stored in sanitary containers and shall be removed regularly from the premises . The grounds of each lot shall at all times be reasonably well maintained. 10 . No swimming pools shall be constructed above grade._ ` HONEYSUCKLE HILLS PROPERTY OWNERS ASSOCIATION, INC . As amended and adopted: 10/25/97 • ARTICLE V - DIRECTORS The owners of parcels, or their duly authorized attorney, shall act as directors at each meeting except that participation as a director, in those situations where a parcel is jointly owned property, shall be limited to one individual per parcel : The authority of Directors shall begin only at the convening of an official meeting and shall terminate at the adjournment of such meeting. • ARTICLE VI - VOTING The total votes cast, on any measure brought before the organization shall be no more than the number of parcels in the subdivision, that is eighteen ( 18 ) . Each owner shall cast votes equal to the number of parcels owned. In the case of joint ownership, only the designated voting member shall cast a` vote( s ) representing the parcel ( s ) owned. Votes may be cast by proxy when such proxy is submitted, in good form and properly notarized or witnessed, to the President either prior to or during a meeting of the Association. Voting authority is limited to members in good standing. Such member shall have paid any dues or assessments as authorized by the officers and directors, or as defined in the Constitution and By- Laws . Motions brought to vote require the following for passage: a) Amendments and modifications to the Constitution and By- Laws require two thirds 2/3rds ) of the votes present. b) Proposals impacting deeded covenants)and rrestrictions1 must be reviewed with and approved by legal counsel e ore they are brought to a vote . They require unanimous approval of INWroperty owners without exception. ` c ) All other motions require a majority of votes present. ARTICLE VII - MEETINGS The annual meeting of the organization shall be held proximate to the second Saturday in October. The meeting time and the location of the meeting shall be determined during the preceding annual meeting. The meeting arrangements may be adjusted as deemed necessary by the President. Written notice of meeting shall be sent at least thirty ( 30 ) days prior to all meetings . Page -2- HONEYSUCKLE HILLS PROPERTY OWNERS ASSOCIATION, INC. MA 1'1'TUCK, NY June 14, 2004 Mr. &Mrs. Kevin Ferrell 130 Lloyd's Lane t. Mattituck, NY 11952 , JUN 1 7 2004 Dear Mr. &Mrs. Ferrell, ZONING BOARD OF APPEALS - We are in receipt of your request for variance addressed to the Southold Town`Board of Appeals. A review of the submission indicates your intention to install a deck addition and above ground pool. Please be advised that the Honeysuckle Hills Property Owners Association covenants expressly prohibit the installation of above ground swimming pools. Specifically, covenant ten states "no swimming pools shall be constructed above grade." Additionally, please note that covenant four requires written approval of the association before submitting a request for a variance to the town. The Architectural Review Committee consists of myself, Mr. Ron McGreevy, and Mr. Kevin Wrynn; and is available to'discuss any proposals you have. Please contact me at 298-1227 should you wish to discuss this matter further. Thank you for your courtesy and cooperation. Very truly yours, • Charles Bordsen, Jr. (1),_z_eLFIL Cc: Catherine Mesiano, Inc. Ruth D. Oliva • I 1 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, AUGUST 19, 2004 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 (new) public hearings 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,August 19,2004 at the time noted below(or as soon thereafter as possible): 9:00 a.m. KEVIN and SUSAN FERRELL #5538. Request for a Variance under Section 100- 239.4A based on the Building Department's April 19,2004 Notice of Disapproval, amended May 18,2004. Applicants propose a deck addition and above-ground pool at less than 100 feet from the top of the Sound bluff,at 130 Lloyds Lane, Mattituck; CTM 99-3-4.6. 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:July 23,2004. BOARD OF APPEALS RUTH D. OLIVA,CHAIRWOMAN By Linda Kowalski tl wfJ ZONING BOARD OF APPEALS MAILING ADDRESS: 53095 Mair' Road, P.O. Box 1179 Southold, NY 11971-0959 F, ' (631) 765-1809 Fax 765-9064 LOCATION OF PUBLIC HEARINGS: SOUTHOLD TOWN HALL LOCATION OF MAIN OFFICE: North Fork Bank Building, First Floor, Corner of Main Road and Youngs Avenue July 23, 2004 Re: Chapter 58 — Public Notice for Thursday, August 19, 2004 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Long Island Traveler-Watchman newspaper. 1) Before JULY 31: Please send the enclosed Legal Notice, with both a Cover Letter including a contact person and telephone number, and a copy of your Survey or Site Plan filed with this application which shows the new construction area, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall (631 765-1937) and the County Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND by AUG. 6: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and return it with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2) By AUGUST 11: Please make arrangements to place the enclosed poster on a signboard such as plywood or similar material, posting it at your property for at least seven (7) days. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please also deliver your Affidavit of Posting to our office on or before the day of the hearing. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends. E GF HERRING A public hearing will be held by the Southold Town Appeals Board at Town Hall, 53095 Main Road, Southold , concerning this property: NAME : KEVIN & SUSAN FERRELL 5538 MAP # : 99-3-4. 6 APPEAL: SETBACK PROJECT: ABOVE GROUND POOL DATE : THURS . AUG . 19 2004 9 : 00 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between the hours of 8am and 3pm . ZONING BOARD - TOWN OF SOUTHOLD - 765-1809 FR M C MESIANO INC I FAX NO. : 631-878-8951 ul. 13 2004 01:20PM P1 e a %9 s c. '6`14V CATHERINE MESIANO , INC . 12 MILL POND LANE EAST MORICHES , NY 11940 PHONE / FAX : 631 - 878 - 8951 E - MAIL : CAMesiano@ao1 FACSIMILE TRANSMITTAL SHEET TO; FROM: Linda Kowalski - ZBA Catherine Mesiano FAX NUMBER: DATE: 765 9064 7/13/04 RE: TOTAL NO.0 PAGES INCLUDING COVER: Kevin& Susan Ferrell #5538 - 02) P NOTES/COMMENTS Linda: Following is a copy of Mr. Ferrell's letter to me updating me on the status of his endeavors with the homeowners assn. I think it addresses the Boards concern with respect to the communications between the Ferrell's and their neighbors. Please let me know if there is anything else the Board needs. Thanks. Cathy Mesiano \ CP X6531 „K.e L Ms. Oliva, and Board Members July 2, 2004 After attending last nights meeting, I was amazed and disturbed that so much misinformation ,lack of information, deleted information, and facts were presented by Jerry Goehringer(further referred as JG) His analysis and presentation of this variance was flawed by confusion, and facts not pertinent to the problem. re: Mohr's estate, South Hampton, an elevated pool on stilts, and the fact he has lived here since 1948. This varianceisnot a 35 foot extension on an existing porch, it is a quality of life issue, an environmental issue that can have permanent damaging effects to our properties. even with all these proposed rings. When he spoke of the"the neighbor to the East" not only was this insulting, but reinforced my belief that JG 's decision was made prior to these meetings ,and made public when he waved, and referred to Mr.Farrell as"Key". The flippant arrogance of JG to suggest that a 24 X 15 foot pool is a hot tub,is his continued attempt to minimize and diminish any opinion other than his and the Farrells . A pool containing 11,000pds { not 1,100 } /4200 tons of water is not a hot tub/sauna I I I confirming my belief that he alone is not qualified to make this decision...proof in his result with incomplete mistaken misinformation.. This decision should be made on abiding by legal covenants , respect for all the neighbors, quality of life, and the change in my tax paying view of the Sound. When anyone takes on the mantle of serving in a public office, elected or appointed, their job is serving ALL their constituents, not a selected few. Ms. Oliva I invite you to see what I am trying to protect....it will be obvious to you as you go up the driveway , and down to the bluff. Thank you for your time and attention to my letter. "the neighbor to the eas " 'se Cappellino Cc: Josh Horton PAACk. ��/ // 1t{ [[yy��CC�� R�1'-- E4Y�q�Y 1f0Z JUL ;8 2004 ZONING BOARD OF APPEALS FROM : C MESIANO INC FAX NO. : 631-878-8951 Jun. 22 2004 03:40PM P1 ik W 5- "1c10- CATHERINE MESXANO , INC . r\1 12 MILL POND LANE EAST MORICHES , NY 11940 PHONE / FAX : 631 - 878 - 8951 FACSIMILE TRANSMITTAL SHEET TO: FROM' Southold Town Catherine Mesiano Zoning Board of Appeals Ruth Oliva,Chairwoman FAX NUM&ER- DATE' 765-9064 6/22/04 RE; TOTAL No.OP PAGES TNCLUDINS COVER- Kevin & Su, 1 NOTES/COMMENTS= bear Mrs. Oliva; Pursuant to your request at the Public Hearing on 6/22/2004, please be advised that the proposed pool will hold 11,500 gallons of water. Thank you for your consideration. Cathy Mesiano JUN 2 2 2004 61 (1S--/911x—Off) ZONING BOARD OF APPEALS RF CEng E JUN 2 3 2.004 RUE, `os a = , CERTIFIED MAIL RE Domestic Mail Onl ;.No Insurance Covera ovided a- I11111.111.MIEMEMIIIMEMEMEMEll `r' HATTTTIIf K,` " u 1195. ' m Postage $ 0.37 UNIT ID: 0940 [`- Certified Fee .0 7_30 Postmark r1 Return Receipt Fee Here (Endorsement Required) 1.75 o Restricted Delivery Fee Clerk: KQHBYY O (Endorsement Required) O ,avuv-YY-7-.r.r 1=I Total Post 4.42 07/29/04 -1 Kelly A. Bordsen& Sent To ti Charles P. Bordsen Jr. Street,Apt I ,-1 or Po Box NRiley Ave. P.O. Box 1741 City,State,2Mattihlck,NY 11952 ic .y -3..�,� 1,- nnn n CERTIFIED MAIL RE. E '','(Domestic Mail Only;No Insurance Coverag ovided cti 11% ( y ;i • !1 J(� � k} ' C �r r• MATT-IT1ICW, NY 119 _ rn Postage $ 0.37 UNIT IDC 0940 C'- Certified Fee 2-30 Postmark Return Receipt Fee Here • (Endorsement Required) 1.75 Restricted Delivery Fee Clerk: KI�HBYY C7 (Endorsement Required) - 4.42 07/29/04 Ln 'Jane F. Broderick Pitts& 'Arthur G. Pitts o P.O. Box 637 Mattituck,NY 11952 kco_qq- t,7 -:for In r MR- U.S. Postal Sery CERTIFIED MAIL;RECEIP .Domestic Mail Only;No insurance Coverag .vided ru P USF rte,, MATTIT ,[N I19 2 a �r? Postage $ 0.37 UNIT ID: 0940 Certified Fee `1 2_30 Postmark Return Receipt Fee Here (Endorsement Required) 1.75 O Restricted Delivery Fee Clerk: KQH$YY O (Endorsement Required) O 4,42 07/29/04 ,Honeysuckle Hills P.U.A. v :c/o Peter Mc Greevy ;P.O. Box 1047 -IMattituck,NY 11952 t'- 1000-99-34.21 ramirrnulThuvolo r See,::-v-se orinstrtic aix• ,U.S. Postal Servic= CERTIFIED MAIL RECE • D mestic Mail,, y . nce Covera'. ,•yfde" . nE P1 r3 L: USE t•. m Postage $ 0.37 UNIT ID: 0940 Cs- Certified Fee `1:1 Postmark Return Receipt Fee Here ▪ (Endorsement Required) O Restricted Delivery Fee Clerk: KONBYY O (Endorsement Required) se/TotaCharles M.&Louie A. Cppll iino '•n Sent'65 Soundview Ave. ti StreelMattituck,NY 11952 or PO C3 c ;1000-99-3-2 zoo • so Ts-utanax-ravr'Instruch• CERTIFIED MAIL RE `'(Domestic Mail Only;No Insurance Coverag ovided r;' [ '' �, MATTITUCKaANY ' C c rn Postage $ 0.37 UNIT ID: 0940 r- i=O Certified Fee 2.30 Postmark yl Return Receipt Fee Here (Endorsement Required) 1.75 Restricted Delivery Fee Clerk: KQHBYY 0 (Endorsement Required) - 4.42 07/29/04 ,'; Doris E. &Ronald F. McGreevy r" 'P.O. Box 427 C3 Mattituck,NY 11952 ED 1000-99-3-4.5 PS orm :11 anu.r .. - se or.nstruc cns ��ZIB ': COMPLETE THIS SECTION- IMIEMEIMMPEMMI • Complete items 1,2,and 3.Also complete -eceived by(Please Print Clears) B. Da o Delivery item 4 if Restricted Delivery is desired. i �r/1 I L • Print your name and address on the reverse .�I 1 '� so that we can return the card to you. C •Aute 4 • Attach this card to the back of the mailpiece, r or on the front if space permits. X ' PL Addressee D Is delivery adjr;esgaiffereoLfr.om item 19 ❑Yes 1. Article Addressed to If YES,e : --dd es below CI No /, l, ifr c, Doris E. &Ronald F. McGreevy Ak , ' P.O. Box 427 yat �� Mattituck,NY 11952 s ryvice 3 _ ,, 1000-99-3-4 5 Certifies''-1 ? IN,* e-ess Mail 0 Registered Return Receipt for Merchandise kEl Insured Mail ❑ C 0 D. 4 Restricted Delivery (Extra Fee) 0 Yes 7001 2•510 000,4-F187tj3 7j4}79, t y . - i—i-f ,�-ITT%-r-il i_jllrj- _1ri-'ri iiir-i--j-i-f-i-i!�i i sl Hy{yi i1n t� . i 7s: :7: t ::: i z:t + :::: :: er :l: :l still: :11j PS Form 3811,March 2001 Domestic Return Receipt 102595-01-M-1424 ii , tit , I, , ,1 , ii lit i iii • UNITED STATES POSTAL SERVICE First-Class Mail 11 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • CATHERINE MESIANO, INC. 12 MILL POND LANE E. MORICHES, NY 11940-1222 . ._ . . . • : : : , : titi { 1ittil{sill;I ;il1;i)111„1elhili1 ' `` 11i'.111.0;i1i il1sl1i0161 -E D R: COMPLETE THIS SECTION W•MIL141411.&%yx• •AL001•»,1'14tiv ■ Complete items 1,2,and 3.Also complete A Re d by '-ase Print Clearly/ B. Qate of eiroery item 4 if Restricted Delivery is desired. -7/n„ ,,, IP Of' • Print your name and address on the reverse so that we can return the card to you. X`. nat_i ,( r. gent • Attach this card to the back of the mailpiece, i - or on the front if space permits. 0 Addressee D; d=,ivery address differen 'tom item 1? ❑Yes 1 Article Addressed to: If S,enter delivery address below: 0 No Charles M.&Louise A. Cappellino 65 Soundview Ave. Mattituck,NY 11952 1000-99-3-2 3 Se ice Type Certified Mail ❑ Express Mail • 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4 Restricted Delivery?(Extra Fee) 0 Yes 7001 ;2510 0500 4i 1873 . 174.55, : :4 i i ii i i ii i . . :2 � , s -i at ., ,—:—i---f—• arii is , i , • PS Form 3811,March 2001 Domestic Return Receipt 102595-01-M-1424 {i i III; i 'WI WI I III I I UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • CATHERINE MESIANO, INC. 12 MILL POND LANE E. MORICHES, NY 11940-1222 _ _ � z ,3NI1 031100 IV 010d'SS31100V Nen13H 3141 d0 —-- 1H0I13:3H1013d013AN3.d0 d0115 H3N011S 3OVld-. SENDER:COMPLETE THI • W' OEt_IVERY • Complete items 1,2,and 3 Also complete A. eceiv d by( ase Print Charly) B Date of Delivery item 4 if Restricted Delivery is desired. <S • Print your name and address on the reverse C. Sig0 ure so that we can return the card to you. v Agent • Attach this card to the back of the mailpiece, or on the front if space permits. _ �' i I=1 Addressee 1. Article Addressed to D. Is delivery address different from item 1? ElYes If YES,ent- •- very address below. 0 No 10v0-77-3'4 / IA Kelly A. Bordsen& Charles P. Bordsen Jr. Riley Ave. P.O. Box 1741 3. % t e Type if Mattituck,NY 11952 91-3-gig pied Mail-4.r,,,,0‘, . press Mail 1 MI/ A. , 1 El IsEe� :d�ZuoRefurn Receipt for Merchandise El Insure -ilai ❑ C O.D 4. Restricted Delivery?(Extra Fee) ❑Yes • j 7001: 2.510 00.04:: 1873 75.09 : __--i.....o, -.,. .... .iii i . . I I iii t -I i i ii ; i r i ; ;. a ; i PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424 ri .., r • art. ! , a , r •r rate ! UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS • Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • CATHERINE MESIANO, INC, 12 MILL POND LANE s, E. MORICHES, NY 11940-1222 •J,••* U31:100i?NH013tl _ '-1H IB 381013d03H1d013AN3��0" k DER:COMPLETE THIS SECTION COMPL . DEL • ■'Complete items 1,2,and 3.Also complete A. Receive• by PI.ase Print Clearly) B . e ofpelivery item 4 if Restricted Delivery is desired. C6—C SeV. 1./(� (� ■ Print your name and address on the reverse ignat re / so that we can return the card to you. C. 1:1 A• • Attach this card to the back of the mailpiece, zor oh lie front if space permits NI U ! Addressee D Is delivery address different from item I=1 Yes 1. ArticlC Addressed to: If YES,enter delivery address below: ----Elio 'Honeysickle Hills P.O.A. >ato Peter Mc Greevy t".0. Box 1047 Mattituck,NY 11952 3. ,itice Type 1000-99-3-4 21 Certified Mail I=1Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 41/4 4. Restricted Delivery (Extra Fee) ❑Yes • 7001 2510 0004 1873 7462 --- .-r ------ - - elf 21 i I PS Form 3811,`March 12001 i i i I `Domestic Return Receipt 1 1 I 102595-01-M-1422 . , 1{11 i 111 t ilii ii .111 iii t UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid c' USPS Permit No G 10,•.` • Sender: Please print your name, address, and ZIP+4 in this box • CATHERINE MESIANO, INC. 12 MILL POND LANE E. MORICHES, NY 119491222 :1� f:::ff:,:fff:f:,:f::fII6!l2::ff::f,f,lf,f::flf!„Ii„f:f:f:1:f -14-Zig rsi•litl]A*14,1111:1F4X•It[•]d 11iiikl►Jo4;414ui ` • •. . Yaw • Complete items-1,2,and 3.Also complete Receive0y(PI se Print,C1� B .ffDDe}lve item 4 if Restricted Delivery is desired. .j j wnirt9 moi)Ory • Print your name and address on the reverse C. ature (, ' f so thafwe can return the card to you. • Attach this card to the back of the mailpiece, \ g/ / ,ja Agent or on the front if space permits. Addressee ►. Is d-livdry address different fron(item 1? 0 Yes 1. Article Addressed to I ES,enter delivery address below: 0 No ( Jane F. Broderick Pitts& Arthur G: Pitts P.O.Box 637 3 Cice Type Mattituc ,NY 11952 , q-1) ❑ ertified Mail ail ❑ Express Mail \‘. Registered 0 Return Receipt for Merchandise 0 Insured Mail ' 0 C.O.D. k4. Restricted Delivery?(Extra Fee) 0 Yes 7001 :2:51.0 00.04: i187i3 i74186:� . — ie ( f ii f ii --- ----u—L -: t _LILA PS Form 3811,March 2001 Domestic Return Receipt 102595-01-M-1424 e r .1 1 1J•—.i.i i I .._i! _I L 1 (.I i I_ •_ UNITED STATES POSTAL SERVICE First-Class Mail 11 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • CATHERINE MESIANO, INC. 12 MILL POND LANE E. MORICHES, NY 11940-1222 • �1:�Ii'.IIIii�I��,Ii Ill I�IIIIIS£11111I�h 1 i+I£IIIliiiIIII:1 ZONING BOARD of APPEALS TOWN OF SOUTHOLD; NEW YORK OMP x Affidavit In the Matter of the application of of /i vl L .Leiem FPMii Mailings(Name oflliapplicants) CTM Parcel#1000- 97_3 _ Lid 6 x COUNTY OF SUFFOLK) STATE OF NEW YORK I, Ad' residing at 1),O. 884 t JI�- C� ,New York,being duly sworn, deposes and say that: On the 3o)-11 day of pay 2004, I personally mailed at the United States Post Office in ,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( )Assessors or ( )County Real Property Office , for every property which abuts and is across a public or private street, or vehicular Right-of-way of record, surrounding the applicant's property. ,// a/i///..t 4() i4/ q Signature Sworn to before me this Cc) 11.ay of-��\ ,2 i - DARLENE M.ROTA ��� lo.i18$'1014New York 1 . ��. pu��ifi�d in Suffolk Caun • commission Expires Dec_�� o y (Notary Public) Please list,on the back of this Affidavit or on a sheet of paper,the lot numbers Next to the owner names and addressed for which notices were mailed. Thank You. ar, Pec_ 4- 5-t. ci A • M ZONING BOARD OF APPEALS -TOWN OF SOUTHOLD:NEW YORK • In th Matter of the Application of AFFIDAVIT ..l-�r/c. lOF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- - COUNTY OF SUFFOLK) STATE OF NEW Y e,,,,i-.2)77.4, I, residing at /0/ P14-A-1. P- .P L n 13— nom, New York, being duly sworn, depose and say that: • On the I day of , 2001tpersonally placed the Town's official Poster, with the da a of hearing 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 the street or facing each street or right-of-way entrance;*and that I hereby confirm that the Poster has r- -fined in place fo .t•ven days prior to the date of the subject hearing dat:, is /`r-aring d 'ate shown to be • �� 9�Q y 467 ' (Signature) Sworn to before mq this (9 day of kbe , 200' BONNIE!.DOR'SIU + Notary Public,State Of Newlbsk (Nota ' No.01006095328,SuffolkC� ublic) Teon ExpJob7.2O.....L.• *near the entrance or driveway entrance of my property, as the area most visible to passersby. > • • • ) l;;)")li ff-V ZONING BOARD OF APPEALS - • PICj lU TOWN OF SOUTHOLD:NEW YORK I61 C, In the Matter of the Application of AFFIDAVIT "evtr.) SusAk) FERRr✓c. . OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 9 - 3 - +•O0(7, COUNTY OF SUFFOLK) STATE OF NEW YORK) I, CA.1-1-1E at a ME5i'` N°residingatl2 MILL PoN#> LA- tAsr M o enc N c 5 , New York, being duly sworn, depose and say that: On the 14 day of June , 20041 personally placed the Town's official Poster, with the date of hearing 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 the street or facing each street or right-of-way entrance;*and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing datrhic hearing a was shown to be (Signature) ANNE W.HILL Sworn to befor me this Nobly Public,State of New Yolk o9� dayof • Ll/ 200'1/. No.01H16103497 Qualified in Suffolk Coil* commission Expires Dec.29,2007 4A4,6IPWs ti (Notary Public) *near the entrance or driveway entrance of my property, as the area most visible to passersby. +h '.ae".±r. iH IHii.ii3Yd0''-13.�A''o4 j0�`dO Y tl3J tas 341°07--MIL-1 „t. SENDER: COMPLETf`'HIS SECTION COMPLETE THIS SECT'` A • IV_: • Complete items 1, .nd 3.Also complete A. re item 4 if Restricted Delivery is desired. �� • Print your name and address on the reverse X - Addressee so that we can return the card to you. B. Rec m ( me la ) C. a of Divert.. IN Attach this card to the back of the mailpiece, ,/ I)(4 ��(v�� or on the front if space permits. 4� 1 1. Article Addressed to: D. Is delivery address different from it m 1? 0 Yes If YES,enter delivery address b ow: Doris E. &Ronald F. McGreevy P.O. Box 427 Mattituck,NY 11952 3. It?lice Type 1000-99-3-4.5 11(Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 7003 1680 0006 6887 8501 IST . •. . .. . i t Ii i i i i i i i i t 1 t i I i i i i ' Iifi111fi t it i' i i 1 it Sill i I It1411 ltd PS Form.811;August 2001? I i S Domestic Return Receipt 102595-02-M-1540 ilii ti illi . it UNITED STATES P( SERVICE Pst-Class Mail istage&Fees Paid IPermit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box• CATHERINE MESIANO, INC. 12 MILL POND LANE E. MORICHES, NY 11940-1222 2E59 2.999 9000 099T EOOL ■ Complete items 1, i 3.Also complete A. S' nat item 4 if Restricted Delivery is desired. �S�3 J 0 Agent • Print your name and address on the reverse Addressee so that we can return the card to you. B. Received by(P d Name) C. Date:of:Delivery IN Attach this card to the back of the mailpiece, - or on the front if space permits. e_1 I.v,'?Dor a - - 1 1. Article Addressed to: D. Is delivery address different from item 1? ❑:Yes . r delivery address below: ❑:No 1 �O �' OG s♦ ...: Kelly A. Bordsen& Charles P. Bordsen Jr. - z, O a . ..••.••. A lr. y�. .. Riley Ave. P.O. Box 1741 v� s: lc ,:: Mattituck,NY 11952 . /..,;,:• -_- ieclail 0 Express Mail ••••• —tn^n-M o 10e0-7373-••y,g g :-.'stared 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. k4. Restricted Delivery?(Extra Fee) ❑;yes 2. Article Number ••••• (Transfer from service label) PS Form 3811.,August 29011E i .Domestic,Return Receipt 102595-02-M-1540 ii E . • itis. Ii I It i III ?iii I I it I . UNITED STATES P( SERVICE t st-Class Mail 111111 -- stage&Fees Paid Permit No.G-10 ' Sender: Please print your name, address, and ZIP+4 in this box• CATHERINE MESIANO, INC. 12 MILL POND LANE F. MORICHES, NY 11940-1222 r12 i+,3iii,iiia,imitiiiim iii,iiiiiiiiiiii,iiiiIiiiiri:iiisi r i i . 1"a brV F ,,, %RM.&a sn egiMil+ a 3141 d0 "^; y-1H0••3H1013dO13AN3 dO`il0=Y.itv ' ',...A," 30n�e�__- - SENDER: COMPLEr-' IIS SECTION COMPLETE THIS SEC=► • • Complete items 1, - d 3.Also complete A. Si tura item 4 if Restricted Delivery is desired. (, El • Print your name and address on the reverse X ' 0 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. w_✓P� D. I .5 J .ddre •ifferent .4 item 1? 0 Yes 1. Article Addressed to: s- ,enter de I ery zddress below: 0 No Honeysuckle Hills P.O.A. � co c/o Peter Mc Greevy Iy P.O. Box 1047 3.s d =� Mattituck,NY 11952 Cert ied ai1 0 Express Mall 1000-99-3-4 21 / 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes _7003 1680 0006 6887 8495 f;. f. .it t .l. l i..:i 4.1 L, i, I . Wit ii i it i it t :I PS'Fortn'3811,August 2001: i i i i Domestic RetumiReceipt 102595-02-M-1540 .ii iiitii tt it it itlt I it TI UNITED STATES PC SERVICE st-Class Mail I Dill stage&Fees Paid IPermit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box• CATHERINE MESIANO,INC. 12 MILL POND LANE E. MORICHES, NY 11940-1222 1,„I1„1IIl11,,,1,11i11,,,,111,11111111 1111,,,I1111,I11,1,I i U.S.Postal ServiceTM ' CERTIFIED MAILTM RECEIP- = -(Domestic Mail Only;No Insurance Covera, ovided) 143 For delivery information visit our website at www.usps.com® i flPF II L UriS `° Postage $ . 0.37 UNIT ID: 0940 `a MORS Q Certified FeeMill p.Cj G1 ,IM `V Postmark r0 FM Return Reciept Fee (Endorsement Required) 1.75 ye, Here Z O Restricted Delivery Fee erk �F �(0 =0 (Endorsement Required) _ -a Total P 4.42ra C /_py 6 m Charles M.&Louise A. Cap��-:� Esent To165 Soundview Ave. a P- Street,AMattituck,NY 11952 or Po 81000-99-3-2 City,Ste PS Form 3800,June 2002 ' See Reverse for Instructions U.S. Postal Service,. `''-'' CERTIFIED MAILTM RECEIPTT - (Do►$estic Mail Only;No Insurance Covera jovided) ao For delivery information visit our website at www.usps.comm ole '„ eR _? `D Postage i u �� 940 R�cy6, -n Certified Fee11111101111 �, N ;, A Pog�grk ,fes Return Reclept FeeHere 9 (Endorsement Required) 1.75 ?2� —� �a Restricted Delivery Fee Q� 4=0 (Endorsement Required) Cl cop 1XKO p -o _ S' Total Pr 4.42 06/09/04 m Honeysuckle Hills .O.A. D Sent To do Peter Mc Greevy or PO tBox 1047 City,statiMattituck,NY 11952 000-99-3-4.21 ' wnoUY See Reverse for Instructions U.S. Postal Service,. CERTIFIED MAILTM RECEIFF .n (Domestic Mail Only;No Insurance Covera lovided) For delivery information visit our website at www.usps.come FFOrJAL USE co `n Postage $ 0.37 • Et :i! ^t CertfiedFee .Q�- .4 t U Postmark �. Return e Fee (Endorsement Required) 1.75 ( uti#X97® 1p®4a O Restricted Delivery Fee er k' •JF1XK0. o EC (Endorsement Required) '-9 Total' — 4e42 -0 1 m sent TDoris E. &Ronald F. McGreevy-`y D- stfeB,,P.O. Box 427 , orPo,Mattituck,NY 11952 City,11000-99-3-4 5 i _Mill!--. 0 . _- . tructions U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT--m 1n (Dontestic Mail Only;No insurance Cover*, pvlded) For delivery information visit our website;.atwww.usps:coms can, 1 FD [IAL USE .0 ..n~ _ • . `n ��1 hr Postage $ 0.37 UN . . f CFs fl Certified Fee MP. 4 O tmark Return Reclept Fee He�q� —1. (Endorsement Required) 1.75 2 e P Restricted Delivery Feeoo� O4 cp (Endorsement Required) C -rt,....' 3F1XKO r-R ups Total . ,42 06/09/ -,r n ,Jane F. Brodeck Pitts & - Sent Arthur G. Pitts StreetT,0. Box 637 orPO1 City, Mattituck,NY 11952 i on,„ -,__n_3_1.7, •Anil M 7_A'1 PS Form 3800,June,2002 ' See Reverse for Instructions U.S. Postal Service,. 'qui' CERTIFIED MAILTM RECEIPT- u7 (Domestic Mail Only;No Insurance Coverak ,ovided) 43 For delivery information visit our website at www.usps.come ,F SAL �, r -a Y Postage rillii UNI ,: "i IVy � p Certified Fee ' +" l j, —p Return Reclept Fee Uj Postmark A ���1. �� g 2 (Endorsement Required) 1.75 tj 1m Restricted Delivery Fee U (Endorsement Required) Clerk •IF1XKO" .vuu-ri-.3-t:i — ` -- Total 4.42 06/49't -_--` moBn- Kelly A. Bordsen& �� o !Charles P. Bordsen Jr. N o PoRiley Ave. P.O. Box 1741 City�Mattituck,NY 11952 -Vg.) �� PS Form 3800,June 2002 See Reverse for Instructions •* Y , 1 , • ZONING BOARD OF APPEALS - • TOWN OF SOUTHOLD.NEW YORK ------------- x In the Matter of the Application of VIAMOL AFFIDAVIT OF (Name of Applicants) MAILINGS CTM Parcel #1000_ Q q -_- �-44 �s JAN COUNTY OF SUFFOLK) 2004 STATE OF NEW YORK) I, ANive 10, Jc(f LL residing at Pi 0 6 IeLv '� 6 Ec Al , tt, New York, being duly sworn, depose and say that: On the CA4 day of I , 2009,, I personally mailed at the United States Post Office in aA,7 ✓ tt99.�t!'A,94) , 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 ( ) 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' roperty. 1,0, /claj (Signature) Sworn to before me this • • • day of jw1�e— , 200 DEBORAH A.NICo1A Notary Public,State of New York (Notary ' ic) Cwn QuIg' in h 16,20 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. • . , Donna&Federick Mayne 56 MacArthur Drive Clifton,N.J. 07013 1000-118-1-15.1 Katherine F. Perretta 400 East 52nd St. New York,NY 10022 #31 1000-118-1-18.3 Alice S. &John D. Fife 1000 Bridge lane Cutchogue,NY 11935 1000-118-2-7 Eleanor S.Nohe Revocable Trust and Ors. 136 Wickham Road Garden City,NY 11530 1000-118-2-9 Jennifer J. Burrell& Lizabeth Burrell 435 East 57th Street New York,NY 10022 #14B 1000-118-2-11.4 Frank D. &Laura M. Southard 555 Bridge Lane Cutchogue,NY 11935 1000-118-3-1 Carl H. Schultheis Jr. and Sr. as Trustees 1305 Bayberry Road P.O. Box 987 Cutchogue,NY 11935 1000-118-3-5 E ti tBRYAN VILLAN10: a m AIME . -x t ,-,-&-r.„,_ � 41 'Fe `� 10:00 a.m, TILocation0 EL NES of Property: 875 [lull fond '4;4'''.'i'‘ <� F 1i -� u r and INGEl(t' BOYAJIAN #5540;` Lane, Greenport; CTM #35-4_2g,42 � r� �1 IrT i „ o Request for,a Variance-under Sections - Request for Variances under #5548. Ira ,tip t �� -�r F ' 100-242AA, 100-244,and 100-239.4E Based on the BuildingDe t„ _ partmenos ' ,fn z � �� based on'the'-Building Department's May 25, 2004 amended Notice bf :, -t�f3 11 ,e,,ft. • April 28, 2004 Notice of Disapproval Disapproval,for relief of Condition#4; v4.., s Pli ' is e e• ,,t,; � 9 concerning'a pro dSed deck•addition: k ;. ,e t • The reasons s ted; etlat, ZBAAppI.#2480 ,' to �S"_•ort:100' -. (Sarah Rausch)which .- .d•••! � -�. � r Special Exception d -TIRI-# to tab P application was $s ee rt �9f< e i,' , eio"us 4 ip? - tt:`fn Appea granted for dockage and mooring Ea,.q. 't t,yt_i --P. �'3 4 3(3�dcses"_ndt=peitrtt t�yrii nconfor;= leges for yachts,with privi- 1 a3=rl times-004,1106,,,1,1,),:,,,,,,..,,,,,,,,,Y, 7i e .__ -, two Yan agreement -- m r te` , t msnce o 1h&ase t11 de ree,oi gottco�t-.,{ in 1978 to covenant be filed with the ���., ? BRA, I t, .. '' formance,_thal Stiction4 ¢0, '`; County Clerk, including F = i d 244 requiti a restriction £'; 1 s°"Fhb:a saiice1:111514 front a�d,c et**s et a to n7rttum; s l dentithat this property is prohibited for resi- if " i r tamed°on i' - .'111P-s1 •35 feet and lot covera•e at 1 i Appal use, w oval pThe Board cif 1 b ;',s�lit ? a � ti ess than 20' , t, 6 r-val alt,0 q.' ; • -for all building,area, and that Section ' Appeals is a royal (The S e ttk .. - ,9 O�uoi.i:,;ts 100-239:4 h PP p nidi n- requires a minimum 75 ft. authorized a shower, bulk- ., ;-,'..,tg ord YG }` j-•.;•-€„-•i.whead, 2 , _t fit r sPs s iitU t fin -; :� _ ; setback from the bulkhead.Location of ramp and mooring float as a - Property: 2400 Ba Avenue,, East x1 '` an s t b Q I r^ p rty; Y requested); and #5533. Based on the, ^ 5 Marion;CTM 31-16 8. Building Department's April 23, 2004 7-^S d`$Q ” gtvt01'I 0,`,t, v' Notice of Disapproval, i " 5 = :1,-ane o 10:05 a.m. THOMAS and LAURA roval, Section•100- . ;,.:,0::,,,4,4i14.41,1 . F,, : _ I rsY` NIGRO#5536.Request for a Variance 239.4$,for a dwelling proposed at less est o �A under Sections 100-31C, 100-243 and than 75 feet from the bulkhead. -' ,gsf h-e_ y,ti 100-33, ' based on' the F7., T Building10:40 a.m. fora .J CARWAY r1 - . ' ' .h, ,� c s fky De #5546. a n f Fat , parte ent's Match I5,2004 Notice of Request for•a Variance under ,fie s, `�.1... ^i Disapproval concerning a new deck:to. Section 100-244,based'on the Building' - -4 r, ,EC [ tt.1F!:, t,[Y F•t 4314:-. -be-added-town existing non=cotiform}ng ---Department's--May--24;-2004-NoticersprovalConcernof Fk • accessory guest house.Section 100-243• , Disapproval concerning a proposed y �'`h ° '^r states that a nonconforming building ' deck at less than 35 feet from thereat' ,,�- —tliti,*ty-i d" .R ds atlesa r not be enlarged,ed, econstructeduor sse trife- 10:45 propertyCTM#76-2-9.350 Smith Drive North; 5 ,:=t•Lolltion'd l'opert i,1(395 turally altered or moved unless the use 10:45 a.m. #5544 EAB BUraftiILD- ' e 13oad,`Lauiel CTM 125-2!` of such building is changed to a con= ING SUPPLY #5544. Request IC 4 forming use.Section 100-31C states that a Variance under Section 100-205.1C i ,3�' -a:m, '� '`VEIt' - based on #5 €3 : I a guest house is not a permitted pee. the Building'Department's equest,'f° 4''l�'aiiaitce-:sunder, Section 100-33 -requires'accesso 3, of o$ 4?1►d 4,,•based buildings to be Ideated in a rear Yard ' for placement of-a(third wallaPP gat g )' sign,at �6tihL o �� Manch-04 i� instead of a;front y alio f • 7 500 Main Road,' 04PtAC. Pro ert Avenue, h ir,.,� .,. S$ proval;'cAncemiti ee �°T'tt�.�T4Lt'; pxrl ioS&1 addrtibii d Property: Montauk Fishers• 1=2.3. Zone District Li :�h�dt`�' �e', e,easotis� tat ,..�^•.•,• � �,_... �„�;�.: Island;CTM 10-7-5. Light Itidustri `- Ftibtr.1100-24 A.,:au 10:10 a.m. KEVIN and SUS • -In_teipretatjod14'AP. :#33(39 does;Yeo•-. FERRELL #5538. Requestfor • • 10 30 ahii 7I'A RICIA”a 13,40111A- yf:= * o #5545. � ,., . nuance or in Variance under Section 100-239.4A gtxgst for a Varian Septioti��p f nOtlbonfoj nance 8f1d: based on the Building of Secth n.100 BuildingA(ref.;l ent's. ay 3 on the D ; ,Q 244,.reti{es�4;rinamutit April 19, 2004 Notice of Disapproval,l epaitment s-May 3; fl"' t ele", 35,f't 2004 Notice • of €� 3"o�y . ui%atio - amended May 18,'2004:Applicants pro- Disapproval. J. ^ss5,4 Iibrtori"Av '•fie''• Application proposes to construct a new en 3 pose a deck addition`and' ,Matttt i ;, f4 - 26above-ground --"-45. ? r ;� pool at less than 100 feet from the to of, Porch with a setback at less•'rhan 35 feet, ,:.,',..0: r• a 11LVE the Sound bluff, at'130 Lloyds Lane, to the ftontlot line,at 3405Private Road. :�y" x,.' `. �o'Y' #3,Southol c '7„11.4::.i‘,41-:...j7:s�"` estY"' Mattituck;CTM 99-3 4.6 d,•CTM#70-6-5.1`- .- r- ' 't t $'1 ' 11:05 a.m. xSOUTIIOLD FIRE ' - 10:.' a.m. JOHN 'W.OLL ISTRIC1lY0 I bfi's ' - EBEN �+ f:lfc�,—..':i9. #5539. R nest for VarianceD , Y "` t tii� �'{�� '�7;.�; iK_`- - eq a under- MNIPOIN')•C014I141IJ-• *} r o a NICATICINS,TNS.#5547:12 Request for• j -776,7441t4! a pi-r..4" - Section 100-33C,based op the Building eq ; 4- '?".1: oiditit . a Variance under Section 100-1162B.3,'- &; rw og Departments January 26, 2004 Notice s€ `t ;al;;a of Disapproval. Applicant proposes to concerning a new tower,proposed to; ex t , , b€�ta� �« 4. r demolish anexisting building and to ,_excess of the codg-toweght a Height n•- - ---,:i2, ' construct a new garage at less than 35 excess of code's height lirditation. : la 2'i tr¢ } '° feet-Korn the front lot lino,at 705 Bridge The.•Building Department States that the , a " e E 6 t` .4 ;I •, antenna. ro ec Lane,C<ttchogue;CSM 118,2-S. l3 .1 is higher than-20 feet uF it Q =7 '' Wit»A• ilii r inabove the average height of 23 feet of 10:20 a.m. ,GRAHAM HEAD`, g gh• .k Otic so #5541. Request for a•Variance under buildings Within 300 feet of the facility.' ,y€x K.: The h6ant is ro os' , E "r s4r Section 1o0 OA(3),based on the Build- app ll -P wg•63'fedi in ' 1,-;Vali. w' l f 1 ''''g`m,a;- rug Department's May 3,2004 Notice of hm hG kation of Property: 55135 E1 ,r, e . g p rty: � r,.F ° r'�� r 'lOr' t`t e To Disapproval,concerning new additions Main Road,Southold;(TM#62:2-11:1, • i.�` H 1 2A-an The Board:of Appeals f ,4 Y t,;ray,. , at less than 15 ft imnhnuln on a singlerdsen will hear all r,' . _no side, persons,or their• resentatives desir-` , , „t, ,`, - ati 1160- Goose Creek Lane, 'representatives, . , !t).-1,c,"1 '` Southold,CTM 7$78.5.1. �g W be-heard at each hearing, ''''''.W-1-1--.71, �glus written s€tatemnts,. ' r 4 a1y�+�Cyt{,re El'�3t nFlil'lee�•.�i,,�"• 10:25 -,a.m.- DQMENIC-'-() desiring to submit € €' , , y RACANELLI #5542:Request for a before the conclusion of each hearing. 98 u . •" " _ Variance ander Section 100-244,based, Each hearing will not start earlier than ,,� '°"4:4 designated , &4 Q,.;G on the Building Department's 113ay<4, !tea above.Files are available for I 2004 Notice of Disapproval concerning review during regular ease do hours.i- a proposed dwelling with attached you have rlu(631)76,please do not I si- garage at less than 35 ft.:front the front trate to call 765-1809 and rear lot lines,and less than-10 feet Dated;May 27,2004. on a single side.yard,and with lot coy-'- • BOARD OF APPEALS' eragein excess of the.code limitation Of D.OLIVA,CII da owaAN • • 20%for all building area.Location,of" 609 n.1-1T i1By Linda-Kowalski _ Property: 3300 Manhasset Avenue, Greenpom STM 43-4-19. \ �v� 0091 • STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published,in said Newspaper once each week for 1 weeks successively, commencing on the 10th day of June , 2004. - _ ___CHRISTINA-VOLINSKI -- — - 1‘10•A.AY FUrliC STATE OFNEVIYORK No. 01-V06105050 Principal Clerk Qualified In Suffolk County Commission Expires February 28, 2008 •� Vetv44/ Sworn to before me this / l day of621./lLe 2004 a - RECEIVES ;3.__."; JUN 152004 ZONING BOARD OF APPEALS OFFICIAL USE ONLY FERRELL, K& S (MESIANO) 5538 GG 130 LLOYDS LANE MATTITUCK 99-3.4.6 R40 1 LABEL (4) DECK EXT. /ABOVE GRD POOL-BLUFF SB / CTY TAX MAP (8) NEIGHBORS CIRCLED (RED) AND TAX#'S WRITTEN / ASSESSORS CARD (7) PULL NOD FROM BD — 1 ON FLDR RT SIDE , RESEARCH PRIORS (6) ,// INDEX CARD — MAKE NEW OR ATTACH /ADD ON TO OLD IF PRIOR SOIL &WATER LTR: PARCELS ON LI SOUND — Mail ASAP ( . 'A PB MEMO: GET COMMENTS FROM CHAIRPERSON (COMMERCIAL / ' Jk SUBDIVISION / LOT LINE / SCENIC BYWAY) / INSPECTION PACKET SIGN (S) MAILINGS: CVR LTR, SIGN, AFFS SIGN PSTG & MLG, LN COUNTY PLANNING LTR I UPDATED: NEW INFORMATION: !� i1uTk AKIiiK A public hearing will be held by the Southold Town Appeals Board at Town Hall, 53095 Main Road , Southold , concerning this property : NAME : K & S FERRELL5538 MAP #: 99-3-4. 6 APPEAL : BLUFF SETBACK PROJECT: DECK / POOL ADDITION DATE : TUES . JUNE 22 2004 10 : 10 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between the hours of 8am and 3pm . ZONING BOARD - TOWN OF SOUTHOLD - 765- 1809 ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 May 26, 2004 Re: Chapter 58 — Public Notice for Tuesday, June 22, 2004 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Long Island Traveler-Watchman newspaper. 1) Before JUNE 8: Please send the enclosed Legal Notice, with both a Cover Letter including a contact person and telephone number, and a copy of your Survey or Site Plan filed with this application which shows the new construction area, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall (631 765-1937) and the County Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND by June 8: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and return it with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2) By JUNE 13: Please make arrangements to place the enclosed poster on a signboard such as plywood or similar material, posting it at your property for at least seven (7) days. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please also deliver your Affidavit of Posting to our office on or before the day of the hearing. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Enclosures APPEALS BOARD MEMBLKN 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 Vincent Orlando ZBA Fax(631)765-9064 James Dini7io http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD May 19, 2004 Suffolk County Soil & Water Conservation District County Center—2nd Fl. Room N-210 Riverhead, NY 11901-2100 Gentlemen: This Department has jurisdiction with regard to the proposed location from the bluff of Long Island Sound. A ZBA public hearing has been advertised for June 22, 2004 for the following application: ZBA NAME SCMAP ADDRESS PROPOSAL 5538 FERRELL 99-3-4.6 130 LLOYD'S LANE EXTEND DECK AND MATTITUCK BUILD ABOVE GROUND POOL AT LESS THAN 100' TO TOP OF BLUFF May we ask for your assistance in an evaluation and recommendations for this proposal, when possible? Copies of the sketch and survey are attached for your use and reference. Thank you for your assistance. Very truly yours, C677 Jess Boger Enc. cc: ZBA Staff APPEALS BOARD MEMBERS Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road Gerard P. Goehringer - P.O. Box 1179 Lydia A. Tortora Southold, NY 11971-0959 Vincent Orlando Tel. (631) 765-1809 James Dinizio, Jr. Fax 765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD 5��/a REPLY FORM )Z dj _57/PDATE: n TO: t c�r� oars-& etJkt (f7,F-&}3-/ ZBA File# -3T3 3 at - Date of Building Inspector Notice of Disapproval: V/9/0ff ( ) The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the following: ( Please furnish seven (7) sets of the following (within about 7 days, if possible in order that the application can be advertised for the public hearing calendar date of : 04.2 ). The advertising deadline is 22 days before the meeting date. You may forw rd the information by fax at 765-9064, however, please send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. (Missing information— , v .Je- -) OTHER/INFORMATION REQUESTED,when possibl 7 sets with cover/transmittal sheet): ( ) Filing fee$ ; Check amount was: $ . Please contact our office (or send new check). ( ) Available survey showing existing property/building details,with licensed surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas,setbacks to property lines, and building lot coverage calculations. ( Rough diagram or sketch with building height (#of stories and distance from ground to top/ridge detail (and mean height, if known); also landscaping proposed in the area of the construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. ( •1 Thank you. s_ r,tiTHERINE MESIANO , _ IIC . 12 MILL POND LANE EAST MORICHES , NY 11940 PHONE/ FAX : 631 - 878 -8951 e - mail : cme0anooptonllne . net June 8, 2004 Re: Kevin and Susan Ferrell 130 Lloyd's Lane, Mattituck Dear Sir or Madam: I am the agent for the above referenced applicant who is requesting a variance from the Southold Town Board of Appeals. Enclosed please find a copy of the Legal Notice and survey describing the nature of the request. Should you have any questions or comments, I can be reached 631-878-8951 during regular business hours. Very truly yours, cda,u4ce.: atherine Mesiano President Enclosures I F '\ I ovN O '\7\— \--) 1 ‘s\-P6%s° iu ,\\y f k_OSG 9.0.0-INE o \...... ... /:.. (i #1k 2 %.. y.. **MO') �:.........::_...: C,A Pr e 82 0, ...::....::. / 8 r Q E ,6 /...-`LIEF gE • — I Ca, W n /-.------..\ • i 0 VNE p•'. \ U1 1�a O\ 1e_ Pc C 1e i` �'C NPnPR83`Asj /. . IA, > \\ �VdE.\.�. \cf..,/� . c- e -ead-n of truck `\ pSpNr�g.-541 ,' c t.YO� '�� ,• t� 1 pgSA,010 N Bs.-� \. O; w �ti a � G Y. � ."^ ' it — �R B'29-8 /•/. `\ .. \ ` \ aw , w : 1t C�ctp +L^� a•. - \ � ° V \ . sil.P : ' \ ". .... \ ...... r tL DCI U' L r +t C}.2.c•V w C Ci O ______\ ..rte = �` - , j � OD DECD ....�^ .r z (gyp V \ . ,. wD •a" '` r+ O Itc v R t E i2. a exit 4 :n c� c r3 1 , ipR1 - 0 en 0 r-.r ,5.- .L. S ---cN YjC. r-C vv.\CG v r c, 2S HOk3SE• g' C \ , , FRpMGPRpGE g5.2 16 N :-.4.-- .). G c]r ci C V\: 'c, i%, CNC --" f,J F w 'r_ "r,.11 m.,CA,, & sa 5 7F' N f -37 1 6 Dom/ i __. ' . I�rvey for: •�_ �, wD�WP�r�1011 KEVIN FERRELL " ,\�: PSS DR1�w 0� c� Lot 6 "Honeysuckle Hills" I PSPµ '0 n�eFR 5 At ° Mattituck 0 °SSP°� Town of G Southold `� o- �ti• $k Suffolk County, New York 's�..•• - S.C.T.M.: 1000-099.00-03.00-004.006 0 06 40 0 '' 40 i O• 0 P I — 4� W __ �� SCALE:1"=40' • ,O st0 % so..... \ )•\-S DATE: OCT. 02, 2004 1• JOB N0:2004-594 N WELL f fH. RP" M� t 0 n CERTIFIED TO: SP\ : *0 i FENGE og W `J K� ` 88 % : ( S I 8, 't..-u4.. •p IA Cr),„ 4 $11/A \ ,-:-.• ', •' '00"W 82\ 133.30' L ) ! ._ ___._------------\--L—L EDGE OF PAVEMENT CATCH �• , BASIN a LLOYD'S LANE v : ' �� DAVID H. FOX N.Y.S.LS. #50234 20i)'; FOX LAND SURVEYING 64 SUNSET AVENUE NOTES: WESTHAMPTON BEACH, N.Y. 11978 (631) 288-0022 • 1. AREA = 46,164 S.F. 2. ® = MONUMENT FOUND UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION ors:0TION 7205 OF TIT NEW YORK STATE 3. SUBDIVISION MAP "HONEYSUCKLE HILLS" FILED EDUCATION LAW. COPIES OF THIS SURVEY MAP Nor BEARING THE LA O SURVEYOR'S INKED SEAL OR EMBOSSED SEAL IN THE OFFICE OF THE CLERK OF SUFFOLK SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. COUNTY ON OCT. 16, 1981 AS FILE NO. 7019. pE7,50N FOPNWHOM THE SURVEY ISHPREPAREDOAND OTON HIS 4. ELEVATIONS SHOWN HEREON ARE REFERENCED ANDALFNOWG IINSITTLUTIONMusTgYo HE EONMEAND TO h1EY ASSIGNEES OF THE LENDING INSTITUTION CERTIFICATIONS TO N.G.V. DATUM (MSL 1929). ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OP Su4SEOUENT OWNERS. 4• ♦ DWG: 2004-594