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Home My WebLink AboutMonaco, Andrew~lbert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD November 12, 2003 Mr. & Mrs. Andrew Monaco 9 Cliff Dr. Kings Park, NY 11754 RE: 65 AQUAVIEW AVE., EAST MARION SCTM#21-2-1 Dear Mr. & Mrs. Monaco: The Southold Town Board of Trustees reviewed the survey prepared by Kenneth H. Beckman, L.S. dated July 30, 2001 and letter dated November 7, 2003 and determined the proposed single-family dwelling, sanitary system, and the installation of drywells to be out of the Wetland jurisdiction under Chapter 97 of the Town Wetland Code and Chapter 37 of the Town Code. Therefore, in accordance with the current Tidal Wetlands Code (Chapter 97) and the Coastal Erosion Hazard Area (Chapter 37) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. However, any activity within 100' of a Wetland line or seaward of the Coastal Erosion Hazard Area would require permits from this office. This determination is not a determination from any other agency. 2 If you have any further questions, please do not hesitate to call. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK:lms Kenneth H. Beckman, LS. 1814Middle Country Road Suite D Phone 631-345-9427 Fax 631-345-9429 November 07, 2003 Town of Southold Trustees Southold Town Hall PO Box I 179 Southold, NY 11971 Attn: Laura Property on the north east comer of Aquaview Avenue and Rocky Point Road, East Marion, Town of Southold, Suffolk County, New York (1000-21-2-1) Dear Laura, This letter is to confirm that we will design a drywell for the purpose of containing all rainwater landward of the coastal erosion line. Kenneth H. Beckman, L.S. APPROVED BY BOARD OF l'm~'~"'-','- TOWN OF SOU/HOLD . September 22, 2003 ToWn of Southold Trustees Southold ToWn Hall PO Box 11'/9 Sout~old, NY 11971 . - ~ ~o~ afion, Town O[ Att~ Laura et comer o£ AquavieW Avenue and Rocky pomtttoau, ~,,~ot M ._ , on the north eao ,.~,. Vor (1000-2l-2-l) RE: p~pert~ e,ffolk County, ~ ..... k _ $outhotu, Dear LaUrels letter is to confirm that we will design a drywell for ttie purpose of containing all rainwater from the coastal erosion ~ine. Sincerely, ['",,~N Kenneth H. Beckman, L.S. t~CEI~Ei~ SEP 11 Beam of Tnfstees J~lrew J. Monaco 9 Cliff Drive KiAg~ Park, NY 11754 ~PR ~ ' ~ rd ~f Tm~t~e~ ~' CKAIN LINK F~.,VCE F'~ , .~.~_ WIDE) Al II~VtN~tp~llcant's responsibility maintain adequate distan f~ ~e ~l~iat,on o/~e,t,on to a s, ~ ~ ~ar- SURVEY OF DESCRIBED PROPERTY SUFFOLK C(~UNTY TAX MAP D/STRICT I000 SEC TION 021 BLOCK 2 LOT. I LOCATED IN EAST MARION, TOWN OF SUFFOLK COUNTY, NEW PLOT PLAN cJ, q,"~ ~o~ FINAL LOCATION SCALE I IN, = 30' · 1001 Middle Country Road Ridge, NY 11961 TEL: (5;~) -024-3230 FAX: (516)924~3557 SURVEY NO. Victor l.e~sard Principal BuiMing l~pec'~ Cu~ls ~orton 5~ior B~iMin~ l~pect~ Thomas Fisher Gary Fish Vincent R. Wte~orek Ordi~e Robert ~isher Telephone (516) 765-1802 SCOTT L. HARRIS. 5outhold Town Ha!l P,O, Box 1179, 53095 Southo]~d, New York 11971 Fax (516) 765-1823 Telephone (516) 765.1800 OFFICE OF BUILDING INSPECTOR TO%VN OF SOUT~IOLD February 12, 1992 Re: Premises 5650 Rocky Point Road & 65 Aquaview Ave East Marion, N.Y. Suff. County Tax Map #1000-021-02-01 TO W~OM IT MAY CONCERN: Property with Suffolk county Tax Map #1000-21-2-1 and a Town address of %5650 Rocky Point Road and %65 Aquaview Avenue, East'Marion is in a residential agricultural zone. The Stat9 D.E.C.. has ~urlsdic~lon from the waters~dge to the l~p of.~he bluff. The Southold Town Trustees have ]uris~iction zrom the lip of the bluff to 25'-0 inland; an~ the Zoning Board of Appeals has Jurisdiction from the lip of the bluff to 100'-o inland. Trusting this will clairfy jurisdictional authority, I remain. very truly yours, BUILDING DEPT. Victor Lessar~, Principal Building Inspeotor VL:gar APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman ) Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF $OUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 28, 1992 Mr. and Mrs. Andrew Monaco 9 Cliff Drive Kings Park, NY 11754 Re: Appl. No. 4085 (Zoning Variance) Dear Mr. and Mrs. Monaco: Please find attached a copy of the Findings and Determination rendered by a quorum of the Board concerning the above application. Please be sure to return to the Town Trustees, N.Y.S. Department of Environmental Conservation, Suffolk County Department of Health Services, the Southold Town Building Department (and any other agency) which may have jurisdiction before commencing building activities. Copies of this determination have also been furnished this date to the Building Department and the Town Trustees for their 'update and permanent recordkeeping. Very truly yours, owa~ Enclosure Copies of Decision to: Southold Town Building Department Southold Town Trustees Suffolk County Department of Planning Board of Tmste# APPEALfi BOARD MEMBERS Ggt. a~Gochringer, Chairman les Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTY L. HAKKI5 Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OFT HE BOARD OF APPEALS Appl. No. 4085. Upon Application of ANDREWANDANNMONACO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for. permission to locate a new dwelling with a setback at less than the required 100 feet from the top of the L.I. Sound bluff. Location of Property: Corner of the northerly side of Aquaview Avenue and the easterly side of Rocky Point Road, East Marion, Town of Southold; County Tax Map Parcel No. 1000-21-2-1. This parcel is substandard in size and is located in an R-40 Zone District. WHEREAS, a public hearing was held on April 2, 1992, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in q~estion, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application appealing the JanUary 22, 1992 Notice of Disapproval by the Building Inspector for a Variance ~nder Article XXIII, Section 100-239.4 for permission to locate a proposed single-family dwelling structure within the required 100 ft. setback from the L.I. Sound bluff Sine as shown on either Plan A or Plan B submitted for consideration (and described below). 2. The subject parcel contains a total lot area of 23,361 and is a corner lot as defined by Section 100-13 of the Zoning Code with frontage of 100.0 feet along the north side of Aquaview Avenue and 220 feet along the westerly property line (shown as Rocky Point Road or Sound Avenue on the plot Dlan dated APR I o Southo~dTown ~oard of T~ustee$ .... ~e 2 - Appl. No. 4085 Matter of ANDREW AND ANN MONACO Decision Rendered April 2, 1992 January 10, 1992 prepared by Barrett, Lanzisera, Beckman and Hyman. 3. The land is presently vacant and is owned by the County of Suffolk. The applicant is a contract vendee pursuant to a Memorandum of Sale with the County of Suffolk dated NovenLber 19, 1991, which has been submitted for the record'. 4. The principal dwelling structure is proposed to be located 63 feet from the outer deck at the most northeasterly corner and 59+- feet from the closest point at the westerly end of the dwelling to the bluff line, as shown on Plan depicted "A." Also submitted for consideration is Plan "B," alternatively, for setbacks at 73 feet from the most northeasterly corner to the bluff line, and at 55 feet between the westerly section of the house to the bluff line, at its closest points. 5. Upon inspection, it is was noted that the bluff is sloping. There is vegetation along the entire bluff and large boulders (see photographs in file). The area chosen for a new dwelling will meet the front yard setback of 40 feet at both the southerly and westerly front yards. The setbacks are greater~ than many buildings or structures along this bluff. It will be necessary for the owner to provide for surface piping and drywells landward of the house to retain runoff water from the roof areas. 6. Article XXIZI, section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the'shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 7. For the record, it is noted that other agency approvals or waivers may be necessary and this determination shall not affect the validity or more stringent requirements by other agencies (Town Trustees, DEC, County Health, etc.). 8. It is the position of this Board that in considering this application: (a) the relief requested is substantial in relation to the requirements, however, there is no alternative for appellant to pursue other than a variance due to the nonconformities of the land and the restrictions by the zoning code regulations in other yard areas$ (b) the grant of the requested relief will not alter the essential character of the neighborhood; the area of -.Page 3 - Appl. No. 4085 Matter of ANDREW AND ANN MONACO Decision Rendered April 2, 1992 construction is proposed to be at a setback similiar to and landward of structural setbacks established in the immediate areas; (c) the difficulties are uniquely related to the property and its topography, and the difficulties claimed are not personal to the landowner; (d) the difficulties are uniquely related to the land in question and has not been created by the landowner - the nonconformities of the land preexist the enactment of the bluff setback regulations adopted in 1985 {and preexists the enactment of zoning in 1957}; (e) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (f) the variance will not cause a substantial effect on governmental facilities; (g) in view of the manner in which the difficulties arose and in consideration of all the above facts, the interests of justice will be served by granted alternative relief as conditionally noted below. ' Accordingly, on motion by Mr. Villa, seconded by Mr. Doyen, it was RESOLVED, to GRANT ALTERNATURE RELIEF. for the placement of a principal dwelling structure under Application No. 4085, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the setbacks to the bluff line be not less than 60 feet between the westerly portion of the dwelling to the bluff line, and not less than 75 feet between, the northerly line of the proposed house and the bluff line, all at its closest points; and 2. That there be no physical disturbance to or close to the bluff area, and that protective hay bales shall be placed. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, and Villa. Menlber Goehringer abstained since he is employed with the Suffolk County Department of Real Estate. i~mb~ Di~i~i~ ~1~ abstained (no reason given). This resolut~ lk IN.q PE¢ ~.TORg Victor Lessard Principal Building Inspector Curtis Horton Senior Building Inspector Thomas Fisher Building Inspector . Gary Fish Building Inspector Vincent R. Wieezorek Ordinance Inspector Robert Fisher Assistant Fire Inspector Telephone (516) 765-1802 SCOTT L. HARRIS, Supervisor Southold Town Hall ' P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF BUILDING INSPECTOR ~7OVffN OF SOUTHOLD February. 12, 1992 Re: Premises 5650 Rocky Point Road & 65 Aquaview Ave East Marion, N.Y. Suff. County Tax Map 91000-021-02-01 TO WHOM IT MAY CONCERN: Property with Suffolk County Ta 1000-21-2-1 ~an~a~ .... Town address of #5650 Rocky Point Road and #65 Aquaview Avenue, East Marion is in a.residential agricultural zone. The State D.E.C.. has jurisdiction from th~ watersedge to the lip of the bluff. The Southold Town Trustees have jurisdiction from the lip of the bluff to 25'-0 inland; and the Zoning Board of Appeals has jurisdiction from the lip of the bluff to 100'-o inland. Trusting this will clairfy jurisdictional authority, I remain. Very truly yours, ~UTHOLD ~ BUILDING DEPT. Victor Lessard, Principal Building Inspector 'VL:gar APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF $OUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Page 2 - Legal Notice Hearings for April 2, 1992 Southold Town Board of Appeals NY; County Tax Map Parcel No. 1000-115-12-5. This parcel is substandard in size and is located in an R-40 Zone District. 3. 7:40 p.m. Appl. No. 4087 - BART AND CHRISTINE RUROEDE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, for approval of an open deck addition with an insufficient rear yard setback. Location of Property: 450 Maple Lane, Lot No. 81, Map of Cleaves Point, Section 3, Greenport, Town of Southold; County Tax Map Parcel No. 1000-35-5-6. This parcel is substandard in size and is located in an R-40 Zone District. 4. 7:45 p.m. Appl. No. 4085 - ANDRRW AND ANN MONACO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to locate a new dwelling with a setback at less than the required 100 feet from the top of the L.I. Sound bluff. Location of Property: Corner of the northerly side Aquaview Avenue and easterly side of Rocky Point Road, East Marion, Town of Southold; County Tax Map Parcel No.. 1000-21-2-1. This parcel is substandard in size and is located in an R-40 Zone District. 5. 7:50 p.m. Appl. No. 4096 - PAT AND ROSEANNE IAVARONE. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to locate a deck addition with a LJ~UAb bi~RlP'i~iul~ ~A{J~: ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING IN EAST MARION, SUFFOLK COUNTY, NEW YORK, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE ON THE EASTERLY LINE OF ROCKY POINT ROAD 125.00 FEET SOUTHERLY FROM A CONCRETE MONUMENT NEAR THE EDGE OF THE SOUND BLUFF AND ON SAID EASTERLY LINE OF SAID ROAD; RUNNING THENCE ALONG SAID EASTERLY LINE OF SAID ROAD, NORTH 13 DEGREES, 45 MINUTES, 10 SECONDS WEST 229.00 FEET, MORE OR LESS, ISLAND SOUND; TO LONG THENCE EASTERLY ALONG SAID LONG ISLAND SOUND ABOUT 100.00 FEET; THENCE PARALLEL TO SAID EASTERLY LINE OF SAID ROAD, SOUTH 13 DEGREES, 45 MINUTES, 10 SECONDS EAST 240.00 FEET, MORE OR LESS, TO A STAKE; THENCE SOUTH 77 DEGREES, 19 MINUTES, 50 SECONDS WEST 100.00 FEET TO THE POINT OF BEGINNING. FOR INFORM3~TION ONLY: DISTRICT 1000 SECTION 021.00 BLOCK 02.00 LOT 001.000. Andrew $. Monaco 9 CIiH Drive Kings Park, NY 11754 BUILDER'S NO, SURVEY OF DESCRIBED PROPERTY $~C7'10N 021 E~ OCK 2 LOt / LOCATED IN EAST M,,4~ TOWN 'OF ,SUFFOLK COUNT~, I~-W YORK PLAN ~,,/,,~,~,' /~, LOCATION [] 125 ChurcA Slree~ ·1001 Middle Co,unity Road Matv~ne, NY 115~o5 Ridge, NY 119~1 TEL: (516)599-,3663 TEL: (516)924-3230 FAX: (5t6)593-816~ FAX: (516)924-3557 D4 TE:.- DEC. /,( /9.~/ SCALE 1 IN. = 30' SURVEY NO. K~O/6 LOAMY ~ ~ ~, ~ ~ ~ ~- W/HEAVY ~ ~'.5~ ~ AND OR EASEMENTS ~F RECORD IF ~ 5. COPIES OF ~IS SU~Y MAP NOT BEARING ~E LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED ~ ~~ ~ / TO BE A VALID ~UE COP~ GUARAN~ES INDICA~D HEREON SHALL RUN ONLY TO ~E PERSON FOR ~OM ~E SURLY J 3outhold ToWn IS PREPARED, AND ON HIS BEHALF TO ~E ~ Board of ~E COMPAN~ GO~RNMENTAL AGENCY AND LENDING INSerTION LIS~D HEREON, AND TO ~E ASSIGNEES OF ~E LENDING INS~- ~ON, GUARAN~ES ARE NOT ~ANSFERABLE. SURLY OF: DESCRIBED PROPER~ Surveying and Land Planning SI~A~D IN: EAST MARION 1814 Middle Country Road Suite D TO~ OF: SOU~OLD Ridge, N.Y. 11961 (631) 345-9427 SUffOlK COU~, NEW YO~K F~ (631) 345-9429 DA~: 7/50/01 JOB NO. BOI-627Z SCALE: DIST. SEC. BLK. LOT S.C.T.M. NO. 1000 021 02 001 B( BROWN LOAMY SAND BROWN CLAYEY SAND W/HEAVY GRAVEL ;TOPPED SIGN~) D.I. / / / I / J~ /1 g46.30 ~ EXP. ANY, NOT SHOWN ARE NOT GUARANTEED. UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LA W. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY, GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION, GUARANTEES ARE NOT TRANSFERABLE. PROP. WELL SURVEY OF: DESCRIBED PROPERTY SITUATED IN: EAST MARION TOWN OF: SOUTHOLD SUFFOLK COUNTY, NEW YORK DATE: 7/,70/01 JOB NO. DIST. SEC. S.C.T.M. NO. 1000 021 B01-$277 BLK. O2 SCALE: LOT 001 1"= JO' KENNETH H. BECKMAN, L.S. Surveying and Land Planning 1814 Middle Country Road Suite D Ridge, N.Y. 11961 (631) 345-04~7 FAX (631) 345-9429 9 Cliff Drive KiaSs park, NY 11754 BROWN LOAMY SAND BROWN CLAYEY SAND W/HEAVY GRAVEL EXP. '~'~IGN ' %, SJGN~ D.I. BORING STOPPED BY ROCK / / / / ~ROP. 46.30 ~._ OF N~,4, ~E EXIS~NCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD IF AN~ NOT SHO~ ARE NOT GUARAN ~ED. ~ ~ UNAUTHORIZED AL~RA~ON ~ ADD/~/ ON TO ~IS SURLY IS A ~OLA ~ON OF SEC~ON 7209 OF ~E NEW YORK STA~ EDUCA ~ON LA ~ COPIES OF ~IS SURLY MAP NOT BEARING ~E LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID ~UE COPE ¢UARAN~ES INDICA~D HEREON SHALL RUN ONLY TO ~E PERSON FOR ~OM ~E SURLY IS PREPARED, AND ON HIS BEHALF TO ~E ~E COMPANE GO~RNMENTAL AGENCY AND LENDING INS~ON L/S~D HEREON, AND TO ~E ASSIGNEES OF ~E LENDING /NS~- TU~ON, GUARAN~ES ARE NOT ~ANSFERABLE. PROP. WELL SURVEY OF: DESCRIBED PROPERTY .56 -- -- -- __ --42 AQU SITUATED IN: EAST MARION TOWN OF: SOUTHOLD SUFFOLK COUNTY, DATE: ?/.70/01 DIST. S.C.T.M. NO. 1000 NEW YORK JOB NO. B01-6277 SEC. BLK. 021 02 SCALE: LOT 001 1" = ,70' KENNETH H. BECKMAN, L.S. Surveying and Land Planning 1814 Middle Country Road Suite D Ridge, N.Y. 11961 (o3t) 345- 94¢)'7 FAX (631) 34-5-9429