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Home My WebLink About6138 ;z //y/1 77' q -~-- so 8. /a-, o7 --- —_— z Den APPEALS BOARD MEMBERS* �pF so • Mailing Address: Gerard P. Goehringer, Chairman �p`� �l0 Southold Town Hall 53095 Main Road • P.O. Box 1 179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio,Jr. G • Office Location: Michael A. Simon 'O Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman ��COONTI,�e`� 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED t TOWN OF SOUTHOLD Tel. (631)765-1809 • Fax (631)765-9064 ' AU�200�� FINDINGS, DELIBERATIONS, AND DETERMINWAWh Town Clerk MEETING OF JULY 17, 2008 ZBA# 6138 - PAUL and CHERYL RAGUSA, Applicants PROPERTY LOCATION: 1600 Hyatt Road, Southold CTM 50-1-6 SEORA 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 further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicants' parcel is 51,534 square feet in the R-40 District with 125.77 feet along Hyatt Road and 125.08 feet on Long Island Sound. The property is improved with an existing single-family dwelling and accessory garage, as shown on the survey prepared by Nathan Taft Corwin III, L.S. dated February 23, 2007. BASIS OF APPLICATION: Request for Variances under Sections 280-15 and 280- 116, based on the Building Inspector's February 11, 2008 Notice of Disapproval concerning a proposed accessory swimming pool and raised terrace structures at less than 100 feet from the top of the bluff, and side yard location for the swimming pool rather than a code-required yard. LWRP DETERMINATION: A Letter dated March 27, 2008 confirming inconsistency was submitted to the Board of Appeals under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards, citing policy 4.1 "Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards,.... By avoiding development other than water dependent uses in coastal hazard areas....and siting structures to maximize the distance from Coastal Erosion Hazard areas." The LWRP letter notes that the proposed in ground pool is not a water dependent use, and that it will add weight to the bluff. A report from Suffolk County Soil and Water, dated February 21, 2008 from Paul A. TeNyenhuis, Senior Soil Technician, notes that there are two old existing ravines on each corner of the subject property along the bluff side and that the rear of the lot slopes toward the bluff, causing surface water to flow over the bluff face. The bluff is Page 2—July 24, 2008 • • ZBA#6138—P. and C. Ragusa CTM 50-1-6 noted as high and steep and well vegetated with grasses, shrubs and trees. The bluff is currently stable but no toe stabilization exists on the subject property or on any adjoining lots. "Storm level tides apparently reach the toe and there are exposed glacial erratics embedded in the bluff face along the toe in several spots." The report also notes that the installation of a pool will add "tremendous weight loads on soils. As erosion continues to cut back the bluff, the house and pool will eventually become endangered. Without a hardening structure at the toe of the slope, erosion will continue at an unknown rate." At the public hearing, the applicants' engineer, Mr. Joseph Fischetti, P.E. stated that the proposed in-ground pool will not add weight to the bluff, since water in the pool will displace dirt which is heavier. He also stated that the bluff on the subject property is stable and not steep and that erosion occurs when there is no toe stabilization, which the DEC will not permit. On June 18, 2008 the applicant submitted to the Board of Appeals a test hole boring by McDonald GeoScience of 17' depth taken in the side yard to the south of the proposed pool, which showed no water encountered. RELIEF REQUESTED: The applicants propose to construct an accessory in-ground swimming pool at +/- 24 feet from the top of the bluff and raised terrace at 22.58 feet from the top of the bluff, where the code requires 100 feet. Both structures are noted at 4 feet above grade. The proposed pool is also noted as being in a side yard, while the code requires a location in a rear yard (or a front yard in the case of waterfront properties). AMENDED APPLICATION: During the hearing on March 27, 2008, the applicant was asked to bring the plan into more conformity with the code. At a hearing on May 29, 2008 the applicants submitted a north/south site section through the existing house, proposed pool and land seaward to the Mean High Water Mark, and a site plan, both stamped by Ural Talgat, Architect, dated May 2, 2008. The site plan notes a 17' x21' pool, the elimination of the raised terrace, a setback from the pool to the bluff of 34'5" at the nearest point, bringing the plan into more conformity with the codes. The existing retaining wall on the easterly side was extended toward the bluff to allow the natural sloping contours of the property to remain. Grass was proposed in place of a patio around the pool. On June 6, 2008 this plan was revised to show the location of a drywell to contain pool water backwash and pool mechanical equipment, and landscaping on the easterly boundary. ADDITIONAL INFORMATION: On July 12, 2007 the applicants were granted a variance (ZBA File No. 6048) for additions and alterations to their existing dwelling at a pre-existing non-conforming 17' setback from the top of the bluff at the northwest corner of the dwelling. Additions included a second story over the existing foundation so no ground disturbance would occur, a first floor addition and an attached garage landward of the dwelling on the southeast side in the applicants' front yard. Under Reasons for Board Action, number 5, the Board expressed Page 3—July 24, 2008 • • ZBA#6138—P. and C. Ragusa CTM 50-1-6 concerns regarding water runoff and land disturbance on the bluff side of the house, adding conditions to mitigate adverse environmental impacts in the determination as a requirement for granting the variance including "4....no change in the grade of the parcel between the top of the bluff and the dwelling" and 5. ...replanting grass in any area that turf was removed between the dwelling and the top of the bluff." No proposed in-ground pool was noted or discussed at that time. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law 4267-b(3)(b)(3)(1). Grant of the variance may produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Many of the homes along Hyatt Road on the Long Island Sound side are on large 1 acre to 1.5 acre lots and were built with setbacks from the bluff that are now nonconforming. Other homes on Hyatt Road have been denied setbacks variances for swimming pools on the seaward side (for example ZBA file No 4837) and have located in ground pools in a front yard to avoid potential adverse impacts to the bluff and to neighboring properties. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicants may be able to be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicants have proposed a swimming pool in a non-conforming side yard with nonconforming setbacks from the bluff. However, despite the existing attached garage, driveway, sanitary system, and accessory garage in their front yard, the Board believes that the applicant may be able to locate a pool in their conforming front yard. 3. Town Law &267-b(3)(b)(3). The variance granted herein is substantial. While the Board recognizes that the applicants' amended site plan re-locates the proposed pool further away from the bluff than the original application proposed, the proposed 34.5 ft. setback represents a 65% variance from the code. 4. Town Law 4267-b(3)(b)(5). The difficulty has been self-created since the applicants propose to locate a swimming pool in a nonconforming side yard with non-conforming setbacks from the bluff to take advantage of the water view. Moreover, the applicants have already received the benefit of a non-conforming setback from the bluff for major additions and alterations to their house (ZBA File No. 6048) and they could have chosen to incorporate the design and location of a proposed swimming pool in a more conforming location at that time under the same application. 5. Town Law &267-b(3)(b)(4). Evidence has been submitted to suggest that a variance in this residential community may have an adverse impact on the physical or environmental conditions in the neighborhood. While the Board recognizes that the bluff on the applicants' property is currently in stable condition, written and oral Page 4-July 24, 2008 • • ZBA#6138-P. and C. Ragusa CTM 50-1-6 testimony from neighbors indicates a long history on adjacent properties of bluff erosion, slope failure, and flooding from heavy rains and underground streams. As the applicants' expert engineer, Mr. Joseph Fischetti, testified at the public hearing, without a hardened bulkhead at the toe of the bluff, which the DEC will not permit, all properties in the area are vulnerable to bluff erosion. The addition of the proposed pool may contribute to that danger. 6. Grant of the amended requested relief is not the minimum action necessary to enable the applicant to enjoy the benefit of an in-ground swimming pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. 7. The proposed action is inconsistent with the Town of Southold LWRP, for the reasons stated above and as recommended by the LWRP Coordinator. 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 Weisman, seconded by Member Simon, and duly carried, to DENY the relief as applied for, without prejudice. Vote of the Board: Ayes: Members Goehri=(5;O)'. ), o, Oliva, Simon, and Weisman. This Resolution was du and P. Goehringer, Chairman , -L-/2008 Approved for Filing FORM NO. 3 NOTICE OF DISAPPROVAL DATE: December 27, 2007 AMENDED: January 22,2008 AMENDED: February 11, 2008 TO: Ural Talgat (Ragusa) 436 7h Street Greenport,NY 11944 Please take notice that your application dated December 20, 2007 For permit for an accessory in-ground swimming pool and raised terrace at Location of property: 1600 Hyatt Road, Southold, NY County Tax Map No. 1000 - Section 50 Block 1 Lot-6 Is returned herewith and disapproved on the following grounds: The proposed accessory swimming pool on this conforming 51,534 square foot parcel in the R-40 District is not permitted pursuant to Article III Section 280-15 B which states that such structures shall be located in the required rear yard. The proposed in-ground swimming is noted as being in the side yard In addition, the proposed swimming pool is not permitted pursuant to Article XXII Section 280-116 A (1), 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 swimming pool is noted as being+/- 24 feet from the ton of the bluff and the raised terrace is noted as being 22.58 feet from the top of the bluff. Amended on January 22,2008 to make a correction and on February 11,2008 to amend the disapproval to include the raised terrace. Authonzed Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. 46 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: December 27, 2007 AMENDED: January 22,2008 TO: Ural Talgat (Ragusa) 4367 1h Street Greenport, NY 11944 Please take notice that your application dated December 20, 2007 For permit for an accessory in-ground swimming pool at Location of property: 1600 Hyatt Road, Southold,NY County Tax Map No. 1000 - Section 50 Block 1 Lot 6 Is returned herewith and disapproved on the following grounds: The proposed accessory swimming pool, on this conforming 51,534 square foot parcel in the R-40 District is not permitted pursuant to Article III Section 280-15 B, which states that such structures shall be located in the required rear yard. The proposed in-ground swimming is noted as being in the side yard. In addition, the proposed swimming12ool is not permitted pursuant to Article XXII Section 280-116 A (1), 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 swimming pool is noted as being+/- 24 feet from the top of the bluff. � ded o' An nJmrmry 22, 2008 to make a correction. &uth(iriz d gnature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. p/'-y' V FORM NO. 3 NOTICE OF DISAPPROVAL DATE: December 27, 2007 TO: Ural Talgat (Ragusa) 4367 1h Street Greenport, NY 11944 Please take notice that your application dated December 20, 2007 For permit for an accessory in-ground swimming pool at Location of property: 1600 Hyatt Road. Cute e.NY County Tax Map No. 1000 - Section 50 Block I Lot 6 Is returned herewith and disapproved on the following grounds: The proposed accessory swimming pool, on this conforming 51,534 square foot parcel in the R-40 District is not permitted pursuant to Article III Section 280-15 B, which states that such structures shall be located in the required rear yard. The proposed in-ground swimming is noted as being in the side yard. In addition, the proposed swimming pool is not permitted pursuant to Article XXII Section 280-116 A (1), which states: "All buildings or structures located on lots adiacent 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 ro s i 1 is noted as being+/- 24 feet from the top of the bluff. f Au orized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. TOWN OF SOUTHOLD BUILD XG PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT 1 JW you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 3 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Examined 20 Trustees Contact: Approved 20 Mail'to: Disapproved a/c / Phone: Expiration ,20 n Building nspector — �u DEC 20 lU APPLICATION FOR BUILDING PERMIT Date 20 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 pgrmit 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, housing code,and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Si gna�turreeoof applicant or n �ifaporation) 43 cs y (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect; engineer, general contractor, electrician, plumber or builder Name of owner of premises. (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. Location of land on which proposed work will be done: leo o .S/Y� Z!Q© �o�ITF� House Number Street Hamlet Count Ta ,I1l�p I�Io,;,lQ,4 .Sckr�n . �Q , Block :d Lot ©�- T Sul,Mi iein Piled Map No. 'Lot �< (Name) 2. State existing use and occupancy of premises and intended d-e and occu ancy of pro osed construction: a. Existing use and occupancy y b. Intended use and occupancy_ ic$/ ��,b 3. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work ,- 4. Estimated Cost 0.90 Fee (Description) (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify natumand extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories S Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of.7Stones�p 9. Size of lot: Front l ZJ`• 7 ( Rear IZS, '_Depth 10. Date of Purchase Name of Former Owner 1 I. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES VNO_ 13. Will lot be re-graded? YES_NO/C Will excess fill be removed from premises? YES_NO 14. Names of Owner of premises_ /"q5:W Address 30&d Phone No. Name of Architect 7.WevA7 Address ¢,3.6 Zfi9e– Phone No �P7 $k y✓ Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES (/ NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED, b. Is this property within 300 feet of a tidal wetland? * YES V'NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 6. Provide survey, to scale, with accurate foundation plan and distances to property lines. 7. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. :TATE OF NEW YORK) SS: :OUNTY 0 q� J YA1` l OA�0�1- being duly sworn, deposes and says that is the applicant (Name Tf individual signing contract) above named, 3)He is the }eC� (Contractor,Agent, Corporate Officer, etc.) f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; iat all statements contained in this application are true to the best of his knowledge and belief; and that the work will be ;rformed in the manner set forth in the application filed therewith. wpy t before me t day o MKVIO I i 2k-+— t 31�6st in, 1)-IAA' — d�� Notary Publk Signature of Applicant MELANIE OOROSKt NOTARY PUBLIC,State of Now Wk No.01D04634870 Oualified in Suffolk Countya ^ Commission Ewes September 3 fa,l I C FORM NO . 3 • TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y . BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 33178 Z Date JUNE 27 , 2007 Permission is hereby granted to: PAUL & CHERYL RAGUSA 1600 HYATT RD SOUTHOLD,NY 11971 for ADDITIONS AND ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR PER DEC, TRUSTEES AND ZBA APPROVAL at premises located at 1600 HYATT RD SOUTHOLD County Tax Map No. 473889 Section 050 Block 0001 Lot No. 006 pursuant to application dated JUNE 27 , 2007 and approved by the Building Inspector to expire on DECEMBER 27 , 2008 . Fee $ 2 , 116 . 40 4Ce SZatu-re COPY Rev. 5/8/02 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determivation that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold,s website(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 50 _ 1 _6 The Application has been submitted to(check appropriate response): Town Board G Planning Dept. G Building Dept. 11 Board of Trustees ® zHA x 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital Q construction,planning activity, agency regulation,land transaction) (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval, license,certification: Nature and extent of action: NEW OUTDOOR SWIMMING POOL AND TERRACE ADDITION TO EXISTING RESIDENCE Location of action: 1600 HYATT ROAD SOUTHOLD NY 11971 Site acreage: 51,534 SF Present land Use: RESIDENTIAL Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: CHERYL RAGUSA, PAUL RAGUSA (b) Mailing address: 322 N 72 STREET NY, NY, 10024 (c) Telephone number:Area Code( ) 917 992 4643 (d) Application number,if any: Will the action be directly undertaken,require fimding,or approval by a state or federal agency? Yes ❑ No❑x If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies;Page 2 for evaluation criteria. xj Yes ❑ No ❑ (Not Applicable- please explain) Adding a swimming pool and terrace to an existing residence preserves open space around the existing residence and makes efficient use of the existing structure and property. Also the addition to the property is far less than the 20& lot coverage allowed by zoning. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold, See LWRP Section M—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ❑ (Not Applicable—please explain) There are no historic or archeological structures on property Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ® Yes © No 0 (Not Applicable—please explain) The addition to the existing residence is in keeping in style and scale of neighboring structures. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria © Yes © No 2 (Not Applicable—please explain) All rainwater runoff is and will be retained on site with the use of underground drywells. During construction hay bales placed temporarily between the construction and shore will keep runoff spoils on site. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria © Yes El No © (Not Applicable—please explain) All rainwater runoff is and will be retained with the use of underground drywells. The sanitary system for the residence meets current Suffolk County Dept of Health services standards for sanitary waste water. The property is served with public water from Suffolk County. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. R Yes [I No© (Not Applicable—please explain) No development will take place in the "protected" or "natural indiginous environment.. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria 0 Yes Q No E] (Not Applicable—please explain) The development will not add pollutants into the air. all construction vehicles meet the Federal standards for air pollution discharge. The mechanical systems of the residence meet the Federal standards for air pollution discharge. Attach additional sheets if necessary Policy 8. Minimize environmental degradation m Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. © Yes ❑ No E (Not Applicable—please explain) The construction and use of the residence will make use of the town's disposal and recycling center. All waste water "sanitary" will be discharged into an approved SCDHS sanitary system. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria © YesEl No 11 (Not Applicable—please explain) There is currenity a right-of-way which will he protected and maintained throughout the course of construction. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. RYes ❑ No ® (Not Applicable—please explain) There are no public or commercial activities or uses on site. Historically this property and neighboring properties are residential in use and will remain residential Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. © Yes ❑ No❑ Not Applicable—please explain This project will protect and preserve the living marine resources by maintaining all rainwater discharge and sanitary flow from the residence on site by approved SCDHS sanitary system and drywells for rainwater runoff. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. E Yes ❑ No© Not Applicable—please explain There are no agricultural lands on site. Attach additional sheets if necessary Polley 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ©Yes ❑ No EE Not Applicable—please explain The construction will be using equipment approved by the Federal government for energy usage. The residence will meet Federal standards for conserving energy "energy Star Program- and will use -New York stat Energy conservation and Construction Code- for construction of the residence_ APPLICATION TO THE SOUTHOLD TOWN 130ARD OF APP . OJUse Ony °VE D Fee400 Filed By:&- L�Ac ) Date Assigeed/Assigomeet No. Office Notes: L'.T v_ OF AppEALS House No. 1600 Street HYATl ROAD Hamlet SOUTHOLD SCTM 1000 Section 50 Block 1 Lot(S) 6 jqt Size 51,534 SP Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUHMING INSPECTOR DATED 12-27-2008 BASED ON MAP DATED 12-18-2007 Applicant(s)/Owner(s): CHERYL RAGUSA, PAUL RAGUSA MailingAddreSS' 322 W 72 STREET NY, NY, 10024 Telephone: 917 992 4643 Fax#: Email' cherylgoldny®yahoo.com NOTE: Is addiaoa to the above please ces pleh below ifapp6ealiw is siVW by appacut a attorney,aaeat,architect,ha7der,contract vendee,etc.aad saae of person wbe spat reprtxab: Name of Representative: URAL TALGAT for(x)Owner,or ( )Other: Agent's AddreSS: 436 7th STREET GREENPORT, NY 11944 Telephone 631 477 8963 Fax#: Email: ural59@hotmail.com Please check box to specify who you wish correspondence to be mailed to,froeee the above names. 0 Applicant/Owner(s),or ®Authorized Representative, or 0 Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 12-18-07 and DENIED AN APPLICATION DATED 12-27-07 FOR: 0 Building Permit 0 Certificate of Occupancy 0 Pre-Certificate of Occupancy 0 Change of Use 0 Permit for As-Built Construction OOther: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article 111 Section 280- 15 Subsection B XX71 280- 116 A Type of Appeal. An Appeal is made for: ®A Variance to the Zoning Code or Zoning Map. 0 A Variance due to lack of access required by New York Town Law-Section 280-A. 0 Interpretation of the Town Code,Article Section 0 Reversal or Other A prior appeal 0 has, 0 has not been made at any time with respect to this property,UNDER Appeal No. 6048 Year 2007 (Please be sure to research before completing this question or call our ofcefor assistance.)1145 1967 Name of Owner: CHERYL RAGUSA, PAUL RAGUSA ZBA File# REASONS FOR APPEAL(addidonal sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: A SWIMMING POOL IS IN KEEPING WITH ACCESSORY USES AS PER THE ZONING CODE FOR A RESIDENTIAL ZONE AND DOES NOT TAKE UP STRUCTURAL BUILDING VOLUME WITHIN THE BUILDING ENVELOPE (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: THE ROAD SIDE OF THE PROPERTY IS TAKEN UP WITH A DRIVEWAY AND UNDERGROUND SEPTIC SYSTEM AND DRAINAGE AND LEACHING POOLS (3) The amount of relief requested is not substantial because: THE PROPOSED POOL AND TERRACE ARE FURTHUR AWAY FROM THE TOP OF BLUFF THAN THE EXISTING TERRACE AND EXISTING BUILDING STRUCTURE ARE. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: THE EXISTING AREA IS A LAWN AREA THAT HAS BEEN MAINTAINED OVER THE YEARS AND WILL BE REPLACED BY THE PROPOSED POOL AND TERRACE THAT WILL ALSO BE MAINTAINED IN THE FUTURE. (5) Has the alleged difficulty been self-created? ( )Yes,or (X)No. Are there Covenants and Restrictions concerning this land: ® No. ❑Yes(Please furnish cony). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this bas ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to co ub your , Signature of Appellant or Authorized Agent (Agent mast submit written Aothorieation from Owner) Sworn to before me this, day of 20 0 Notary Public PAT'PIC!A MC'riP-E'23 Notary Public, State of New York No. 0'1 R16042467 Qualified in Suffolk County Commission Expires May 30, 26822 201 v 14-164(WS)—Text 12 PROJECT I.D. NUMBER 617.20 SEOR Appendix C State Environmental Ouslity Review SNORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART i—PROJECT INFORMATION (ro be completed by Applicant or Project sponsor) t. APPLICANT(SPONSOR 2. PROJECT NAME CHERYL RAGUSA, PAUL RAGUSA RAGUSA SWIMMING POOL AND TERRACE 3. PROJECT LOCATION: L/tmiplpallty SOUTHOLD county SUFFOLK a. PRECISE LOCATION(Street address and road Intersections,prominent landmarks,etc.,or provMe map) 1600 HYATT ROAD SOUTHOLD NY 11971 5. IS PROPOSED ACTION: ' ❑Naw ®Expansbn ❑Modlfleaticrusheratlon 6. DESCRIBE PROJECT BRIEFLY: NEW OUTDOOR SWIMMING POOL AND TERRACE ADDITION TO EXISTING RESIDENCE 7. AMOUNT OF LAND AFFECTED: Initially 0.03 act" Ununatey 0.03 Kra S. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes ®No R No,describe brIefy PROJECT COMPLIES WITH ZONING USE BUT DOES NOT COMPLY WITH ZONING SETBACKS 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ®Residential ❑Industrial ❑Commercial ❑Agriculture ❑ParidFaestl0pen spec. ❑Other Desdrlbr. 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? ®Yes ❑No 11 yes.list agwwxs)and perflavapprceafa SOUTHOLD TOWN TRUSTEES, SOUTHOLD TOWN ZBA, SOUTHOLD TOWN BUILDING DEPARTMENT 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes ®No If yes,list agency mama and perralVapproval - 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOIIIRE MOOIFICATIOM ❑Vas ®No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE App3cant/sppnadt nanW URAL TALGAT fie, JANUARY 22, 2008 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER TOWN OIF %0Uy OWNER STREET IJKVJVZK KC%,VKW a t-c_ VILLAGE DISTRICT -FOR IE OWNERcqU SUB.71 7�T �� oyl N J A REAGE 2 W VL. TYPE OF BUILDING FARM LAND IMP- comm. IND. TOTAL CB. misc. DATE REMARKS Jt- AGE 13UILDING CONDITION N r C";/FNORMAL BELOW Form ABOVE Acre illable I Acre Value _7` liable 2 Mable 3 -t- - ciland o If Impland 4�1,.,nd ;,,se Plot ■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■.1Ale �■■■■n■ ■i■■■LI��i�■� moi■■■ Bldg.M. y Foundation Extension �asement Floors Extension 6 y .7 Ext. Walls interior Finish Extension Fire Place Hea.t v Porch Attic ®� Porch Rooms Ist Floor Breezeway Patio Rooms 2nd Floor Garage !� y — (,e� psi �/a7/'!�-,G • ✓�—P/n�._j/�� /DAM"Y�ia.,yo� OFFICE LOCATION: ��rjF soVTyO MAILING ADDRESS: ✓J/ Town Hall Annex h0 l� P.O. Box 1179 54375 State Route 25 y Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) T Southold, NY G Q Telephone: 631 786-1838 Fax: 631768-3136 ��y00Urfi'r,�� LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD ZRECEIVED MEMORANDUM8 To: James Dinizio, Jr., ChairTown of Southold Zoning Board of AppealsPEALS From: Mark Terry, Principal Planner LWRP Coordinator Date: March 27, 2008 Re: ZBA File Ref.No. 6138 (Ragusa) The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water- dependent as far away from coastal hazard areas as practical. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. The proposed accessory structures are not a "water dependent use". Due to the distance of the pool to the top of bluff and weight of the pool, it is recommended that the structure be relocated to maximize the distance from the "hazard area" and minimize the potential of future structural loss due to slope failure or erosion. • 6 Policy 6.Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance to the proposed pool from the bluff is 25 feet and the distance from the bluff to the proposed terrace is 25 feet; a minimum setback distance of 100 feet from the bluff line is required pursuant to Chapter 275- 3. Findings; purpose; jurisdiction; setbacks.In addition, a minimum setback distance of 100 feet is required pursuant to Chapter S 280-116 which states: Building setback requirements adjacent to water bodies and wetlands. 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. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. If the action is approved the following best management practice(BMP) are recommended: 1. Require a significant non-turf, native vegetation buffer landward of the top of bluff. 2. Require a pool de-watering drywell. Pursuant to Chapter 268,the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. MT/hkc Office Location: �o 4*%3FF0j/r • USPS Mailing Address: G Town Annex/First Floor,North Fork Bank y� 53095 Main Road 54375 Main Road(at Youngs Avenue) Z P.O. Box 1179 Southold,NY 11971 Oy l.1C Southold, NY 11971-0959 �f►o! � Sao http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 February 14, 2008 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6138 (Ragusa) Dear Mark: We have received an application for an accessory swimming pool and raised terrace at premises on Long Island Sound in Southold, and shown on the enclosed site map. Copies of the LWRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. Very truly yours, GERARD P. GOEHRINGER Chairman By: 03/18/2008 08:55 631-84044 5 C PLANING DEPT PAGE 02 COUNTY OF SUFFOLK QD STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES,AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING March 11,2008 Town of Southold ZBA 53085 Main Rd.,P.O.Box 1179 Southold,NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submittedto the Suffolk CountyPlarming Commission is/are consideredtobe 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 disapproval. Applicant(s) Municioal Pile Numbers) Notaro 6136 Ragusa 6138 Friedmann 6139 Ri,ccio 6140 Meskouris 6142 Very truly yours, Thomas Isles, A.TCP Director of Planning S/sTheodore R.Klein Senior Planner TRK:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR . P.O.BOX 6100 . (63118535190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(6311 853-4044 Office Location: • o��gUFFO(,(Ca • USPS Mailing Address: G Town Annex/First Floor,North Fork Bank M� y� 53095 Main Road 54375 Main Road(at Youngs Avenue) y z P.O. Box 1179 Southold, NY 11971 0 �.g Southold,NY 11971-0959 �►o! � Sao http://.southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 February 14, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 6138 Ragusa Action Requested: Yard Location & Bluff Setback Variances Within 500 feet of: ( ) State or County Road ( X ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Gerard P. Goehringer, Chairman By: Enclosures `�—�L 1 • •COUNTY OF SUFFOLK � r n Steve Levy SUFFOLK COUNTY EXECUTIVE SOIL AND WATER Thomas J. McMahon CONSERVATION DISTRICT D1STRICT MANAGER FAR: (631)727-3160 (631)727-2315 /'�J� G�3CC�G�MC�DD February 21, 2008 Town of Southold Board of Appeals F E 9 2 b 53905 Main Road, P.O. Box 1179 Southold, NY 11971-0959 BOARD OF APPEALS Attention: Gerard P. Goehringer RE: ZBA File Ref. No. 6138 (Ragusa) Dear Mr. Goehringer: We have completed a site inspection of the above parcel as you have requested. The house is in the midst of being built. At this time, the lot behind the house is bare as is the lot area surrounding the house. Roof runoff exits onto the ground surface at this time. Pipes are installed at the house corners for what appears to be drywell access. There is a line of Straw Bale Sediment Barriers installed along the bluff top edge. This line ends at the parcel corners and is open at the stairwell. The bluff face is well vegetated with grasses, shrubs and trees. There are two existing old ravines, one at each corner of this parcel. The rear lot slopes towards the bluff face and these two corners so surface water runoff flows over the bluff face. A stairwell exists down to the beach level. It appears to be in fair condition and has had some recent repairs. The bluff is high and very steep. Some trees are dead and lying down and many others are growing throughout the bluff face. No toe stabilization exists on this lot or on any adjoining lots. High tide appears to come within fifteen feet of the toe. Storm level tides apparently reach the toe. There are exposed glacial erratics embedded in the bluff face along the toe in several spots. We recommend that the roof water runoff be directed to gutters and downspouts leading to drywells. The lot surface at this time is bare and can have severe erosion problems from stormwater runoff. Upon finishing the lot grading it should be planted to either a permanent sod cover or a ground cover. The best time for planting grasses is in the Spring, April 15`h through May 15`h or for a fall planting, September 15`h through October 15`h. The Straw Bale Sediment Barriers are not installed properly and there are open spots that the water can and will flow onto the bluff face causing an erosion problem. The bales should have been partially dug down beneath the ground surface about four inches deep to keep soils and water from getting under the bales. They also should be double staked. One stake should be installed vertically and the other at an angle to keep the bale from moving. The straw bales should have been continued up slope at the corners to contain surface runoff, instead of allowing it to flow around the ends. The stairwell should also have been blocked by the straw bales. Enclosed is a Standard for Straw 423 GRIFFING AVENUE SUITE 110 RIVERHEAD, NY 11901 Bale Sediment Barriers and Silt Fencing. There is a proposed Terrace between the house and pool area that is not mentioned in your letter. This area will increase surface water runoff greatly. Proper drainage for this area should be considered. Due to slopes on this lot, a Sediment and Erosion Control Plan would have been recommended to protect soils. Bare ground should have been covered temporarily with straw mulch to further enhance protection. Trees on the bluff face can cause an erosion hazard as they are undermined due to high winds traveling up the bluff face thereby loosening the root ball and eventually toppling the tree along with large amounts of soil attached to the root mass. Trees already downed should be removed from the bluff face as they can slide or roll and also smother existing vegetation. Live trees should be cut down and removed, leaving the root systems intact so as not to disturb the soil. Leaf litter and grass clippings should not be strewn onto the bluff face as this will also smother exiting vegetation. Bare areas if they exist should be planted to Cape American Beachgrass during its dormancy period from November through March. The installation of a pool has the same effect as the house. It adds a tremendous weight load on the soils. As erosion continues to cut back the bluff the house and pool will eventually become endangered. Without a hardening structure at the toe of the slope, erosion will continue at an unknown rate. If the pool is allowed to be installed, measures should be taken to prevent pool water from flowing onto the bluff face. It should be diverted away from the bluff or directed into a drywell system. If you have any further questions regarding this site inspection,please feel free to contact us again. Respectfully, ) � 6. 1 il, Paul A. TeNyenhuis, Senior Soil District Technician . STRAW BALE SEDIMENT BARRIEP.S STANDARD Definition A temporary barrier of fixed straw or other bales with a life expectancy of 6 months or less, installed across or at the bottom of a slope. Purpose To intercept and detain small amounts of sediment from unprotected slopes of limited size. To disperse or spread overland flows. To protect new seedings. To filter storm runoff. �ppli.cations The stray bale barrier is used: .1. At storm drain inlets, across minor swales, as training dikes, along property lines. 2 Where there is little or no concentration of water in a charnel or other drainageway above the barrier. 3. Where contributing drainage area is less than 1/2 acre and the length of slope above the barrier is less than 100 feet. The practice may also be used for a lone single-family lot if the slope is less than 150. The contributing drainage area in this instance shall be less than 1 acre and the length of slope above the barrier small be less than 200 feet. Area and interval criteria may be doubled on it hydrologic group soils, and on sandy subsoils. -Design Criteria . A design is not required, but location and extent shall. be shown. All bales shall be placed on the contour and shall be either wire bound or nylon string tied. Loosely tied or oddly shaped bales may not be used. Inspect for van- dalism. Alignment shall be exactly on the contour. At each end, two or more bales shall be laid up the slope to contain the runoff. Straw bale barriers that are over 100 feet long require subdivision into a series of shorter impcund- ments. =Ny-Nassau/Suffolk, (i/77 Straw Bale Sediment Barriers �TPAW BALE SEDIMENT BARRIERS JA ' / Jy +' •-'d rpt:� vi 4" vertical face EMBEDDING DETAIL Angle first stake toward previously laid bale � r._^/Ir(-+i✓� Wire OI nylon Flow �t r bound bales placed on the M1 " contour i 'i'ti�rlf�r tr Fir + 1 --s 2 re-bars, steel pickets/ or y 2" X 2" stakes 1 1/2r t0 21 . in ground •.,;' "" �— ANCIlOh'IidG DETAIL Construction Specifications 1. Bales shall be placed in a row with ends tightly abutting the adjacent bales. 2. Each bale shall be embedded in the soil a minimum of 4". 3. Bales shall be securely anchored in place by stakes or re-bars driven through the bales. The first stake in each bale shall be angled toward previously laid bale to force bales together. 4. Inspection shall be frequent and repair or replacement shall be made promptly as needed. S. Bales shall be removed when they have served their usetulness so as not to block or impede storm flow or .drainage. S13SB Standard Symbol 00=3= E ^= Draina-ze area less than 1/2 acre. U. S. DEPA.RTIMENT OF AGRICULTURE Standard SOIL CONSERVATION SERVICE Straw Bale Drawin Riverhead, 14Y Sediment Barriers 32.2 -NY-Nassau/Suffolk S/77 1980 1.06 F 1. Set the stakes . 2. Excavate a 4"x4" trench upslope along the line of stakes . qi 4" 3, Staple filter material to 4. Backfill and compact the stakes and extend it into excavated soil . the trench. � 4 fill- CONSTRUCTION OF A FILTER BARRIER Source: Installation of Straw and Fabric Filter Barriers Plate 1.06a for Sediment Control , Sherwood and Wyant Flow Plan I + I t I •� A A Elevation Points A should be higher than point B PROPER PLACEMEIT OF A FILTER BARRIER IN A DRAINAGE WAY Source: Adapted from Installation of Straw and Fabric Plate 1.06b Filter Barriers for Sediment Control , Sherwood and Wyant III-21 1980 • 1 .06 1. Set posts and excavate a 4"x4" 2. Staple wire fencing to trench upslope along the line the posts. of posts. 4" 3. Attach the filter fabric to 4. Backfill and compact the the wire fence and extend it excavated soil . into the trench. ..:::...:...::::: .:::..:::....:.: .:::.... .. ::;�:.:::. Extension of fabric and wire into the trench. Filter Fabric —iJi re I •r,. ' I III -►III - =1 II = 111=I►� "- CONSTRUCTION OF A SILT FENCE Source: Adapted from Installation of Straw and Fabric Plate 1.06c Filter Barriers for Sediment Control , Sherwood and Wyant III-23 Office Location: • c • USPS Mailing Address: OG Town Annex/First Floor,North Fork Bank y� 53095 Main Road 54375 Main Road(at Youngs Avenue) y z P.O. Box 1179 Southold, NY 11971 15 Southold, NY 11971-0959 X01 � Sao http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631) 765-9064 February 14, 2008 Suffolk County Soil and Water Conservation District 423 Griffing Avenue, Suite 110 Riverhead, NY 11901 Re: ZBA File Ref. No. 6138 (Ragusa) Gentlemen: We have received an application for a project adjacent to Long Island Sound in Southold, NY and shown on the enclosed site map. The hearing on this application will be held on March 27, 2008. Enclosed is a copy of the site map, together with a copy of the area map. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, GERARD P. GOEHRINGER Chairman By: 0 0 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: CHERYL RAGUSA, PAUL RAGUSA Date Prepared: JANUARY 22, 2008 1. For Demolition of Existing Building Areas Please describe areas being removed: EXISTING LAWN TO BE REMOVED AND REPLACED WITH THE PROPOSED SWIMMING POOL AND TERRACE II. New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 371-10-- x 401-10- Dimensions 01-10Dimensions of new second floor: NONE Dimensions of floor above second level: NONE Height(from finished ground to top of ridge): 4 FEET ABOVE GRADE Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: III. Proposed Construction Description(Alterations or Structural Changes) (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: LAWN AREA AT GRADE Number of Floors and Changes WITH Alterations: POOL AND TERRACE 4 FEET ABOVE GRADE IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 3,338 SF Proposed increase of building coverage: + 1,465 SF = 4,803 SF TOTAL Square footage of your lot: 51,534 SF Percentage of coverage of your lot by building area: 9.32 V. Purpose of New Construction: SWIMMING POOL AND TERRACE V1. Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): EXISTING 102 NATURAL SLOPE, WHICH WILL BE TERRACED USING THE TERRACE AND SWIMMING POOL AND A EXISTING RETAINING WALL WHICH WILL NEED TO BE EXTENDED TO ALLOW NATURAL CONTOURS TO REMAIN Please submit seven(7)photos,labeled to show different angles of yard areas after staking corners for new construction),and photos of building area to be altered with yard view. 7/2002;2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes 14No B. Are there any proposals to change or alter land contours? ❑No 6 Yes, please explain on attached sheet. NEED TO GRADE AROUND THE POOL AND TERRACE C. 1)Are there areas that contain sand or wetland grasses? NO 2)Are these areas shown on the map submitted with this application? 3)Is the property bulkheaded between the wetlands area and the upland building area? NO 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? YES Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? NO (Please show area of these structures on a diagram if any exist. Or state"none"on the above line,if applicable.) F. Do you have any construction taking place at this time concerning your premises? YES If yes,please submit a copy of your building permit and map as approved by the Building Department and describe: RENOVATION AND ADDITION TO AN EXISTING RESIDENCE G. Do you or any co-owner also own other land close to this parcel? NO If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel SINGLE FAMILY RESIDENCE and proposed use SAME wITN POOL AND TERRACE (examples: existing: single-family; proposed: same with garage or pool,or other description.) Authorized Signature and Dat 2/05; 1/07 • Mailine Address: APPEALS BOARD MEMBERS ��Of$oUjyO Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road •P.O. Box 1 179 Ruth D. Oliva # Southold,NY 1 197 1-0959 James A.SCA Office Location: o,Jr. Michaell A. SimonTown Annex/First Floor,North Fork Bank com�1�- 54375 Main Road(at Youngs Avenue) Leslie Kanes Weisman Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 August 4, 2008 Mr. and Mrs. Paul Ragusa c/o Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Mr. Ural Talgat 436 Seventh St. Greenport, NY 11944 Re: ZBA File No. 6138—Variance for Pool Location (Ragusa) Dear Ms. Moore and Mr. Talgat: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the July 17, 2008 Meeting. The original has been forwarded today to the Town Clerk's Office for filing. Thank you. Very truly yours, Linda Kowalski Encl. ELIZABETH A.NEVILLE• o��F SU(/T�OI • Town Hall, 53095 Main Road TOWN CLERK ~ P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER G Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER Oli�cou 1 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: February 12, 2008 RE: Zoning Appeal No. 6138 Transmitted herewith is Zoning Appeals No. 6138 Paul & Cheryl Ragusa- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is LWRP Consistency Assessment Form, Notice of Disapproval, Questionnaire, Applicant's Project Description, Applicant Transactional Disclosure Form, Short Environmental Assessment Form, Building Permit, 2 Property Record Cards, 3 Pages of Photos of Residence, Survey, and Site Data from Ural Talgat, Landscape Architect. ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 2/12/08 grgnirm ZBA# NAME CHECK # AMOUNT TC DATE P 6138 Ragusa, Paul and 2383 FF ) 20rS Cheryl $600.00 Southold Tows tier; TOTAL $600.00 Town Of Southold i P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/12/08 Receipt#: 11593 Transaction(s): Reference Subtotal 1 1 Application Fees 6138 $600.00 Check#: 2383 Total Paid: $600.00 Name: Ragusa, Paul 322 West 72nd Street 9c New York, NY 10023 Clerk ID: CAROLH Internal ID:6138 0 0 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and emPlovees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: TALGAT, uPAL (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company. If so,indicate the other person or company name.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance X Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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 X NO Complete the balance of this forth and date and sign below where indicated. Name of person employed by the Town of Southold: URAL TALGAT Title Or position of that person:MEMBER OF THE ARCHITECTURAL REVIEW COMMITEE FOR THE PLANNING DEPT 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 X D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this� a N � 8 - Signature: PrintName: URAL TALGAT LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 27, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971.0959, on THURSDAY, MARCH 27, 2008: 9:55 A.M. PAUL and CHERYL RAGUSA#6138. Request for Variances under Sections 280-15 and 280-116, based on the Building Inspector's February 11, 2008 Notice of Disapproval concerning a proposed accessory swimming pool and raised terrace structures at less than 100 feet from the top of the bluff, and side yard location for the swimming pool rather than a code-required yard, at 1600 Hyatt Road, Southold; CTM 50-1-6. 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 and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at(631) 765-1809, or by email: Linda.Kowalski(&-Town.Southold.nv.us . Dated: March 3,2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn,says that 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 a week for 1 week(s),successively,commencing on the 201h day of March.2008: Al ' Principal Clerk Sworn to before me this �� day ofhay-01— 2008 setback monwnformanrg when located buildrego proposed at less than free(5) .loss than 50 feet frgei thetront yard ling :'feet 6omsue property,hire antl with a ler _ at 90 Sterling Road,Nkhogu CfM coverage whosto thaeeks the cods lunrta = / LEGAL NOTICE 109-44.I. tion of 20%or of 2243%1.14 cover SOUTHOLD'IOWNTAMIVG - 1 15C,C A.M. Oj.F ^ OHI- age).Lo is n 6f Property.145 King BOAROOPAPPEAIS (_O VI under Sectio Request.ba V gt 12M t,Cior O Al.eli. THURSDAY,MARCH 2),2008 antesund�Sax act 280.ids,basedon 145. P.M. SPYRO AImUd1AF PUBLIC HEARINGS the Budding Ierning i s Notice of His- rear, 9,This St nv Appeal of the Feb CHRISTINA IR Of KI YORK NOTICE IS HEREBY GIVEN,par- approval concerning e existing mal 29,dient Stop Work Order issued I Ppg10.5TATE Of NEW odor.Section 2Wg),Code nhewand fad alterations to the exiling single- under graOrders1441 of e,cree Town Code, of Southold, (Zoning),iohanson, public Town famwrit ag int he set inn at less whim Order abates ma and nt Bar scope o- '. No.111d In 06106060 in Southold,the following public hear- will result in a 35 Peek at less hewn the tion work has one beyond 0e scope of 10((t(Od In SUft01k 00001Y TOWN he held ZONING yhe BOARD OF AP- yard lotlirind eA d marriageet in harder rothe coverage �na,und,Andder Section 280-1 dependingA,basd nTlNbn iaPlrvl Na�tY get 2012 PEALS at the Town Hall,53095 Main exceeding the code limitation of 20%, on the Building Ieapecmr's amended Road, P.O. Box 1179,Southold New at 55405 County Road 48(elk/a North March 6,2008 Notice of Disapproval York 119]1-0959, on THURSDAY Road),Soatodd;clM44-1-11. :and:applicant's request tospend Build- 1 L30 uild- 11:30 A.M.DAVID FISHER#6126. ng.Permit#336Y!for dwelling remo- 9:30 A.M. CHAICTOPHFR and Request tot Variances under Section adoration(additioiu end alterations)and ,c1ZABL^.,GRA°` &#6135.Re- 280-I24,baud on the Building hopes- replacement of easterly foundation.no est for Variances under Sections hr's Notice of Disapproval concerning Build.,irapeto,sates that the do- 280-116 and 280-124.based on the Build- proposed additions to the existing single million and mandstructlonatthlsnon - ing Inspector's February 5,2008 amend- family dwellin&which new eon"ohnion w.fonnfng 28,149 square foot parcel in ed Notice of Disapproval concerning a will be less than 35 feet ftmv the rear the R40 District is not permitted under new single-family dwelling(after demo card lot line,less than 35 feet from the Section 280-116A(1),for the reason that law.of the existing dwcling)for the [mat yard lot line,a ad with lot coverage all buildings or structures located oa s that the new construction will in excea of the code maximum Ilmim. in,,adjacent to sounds aad upon which bes(a)less than 25 feet oa a single side Lou of 20%,.12165 Old Orchard Road there ears,,a bluff or bank landward of yard,and(b)less than 25 feet for total East Mariam CIM 37-3.41. the there or beach shall be at back not side yard abbaeks,and(c)less than dm 11:50 A IL LIA POLITES and KEVfewer than too feet from the top of the code-retuned 100 feet imm the bank IN FERRO#6129.Lochia,of Propene bluff or bunk(adjacent to the Long Is or bluff landward of the shore or beach 300 Jackson Street,New Suffolk:CTM land Sound)The building Inspector also of the Lang island Sound Location of 117-10.2.He Applieams pmOtwe rem- states o variance was issued under ZBA prollrrte 1910 I cea n D',, Soothold rato,orlsocraloa, addition,. d ex #6060 for h f d saddler, QM58-2.1Z pans of'he i ,rideboar,' ti,, 'ro'le'ro'le family dIf g.followingt d 910 AM 1S EC i CLS b l Id' g un I 1h' AI .I 9 i g her pPl b- t d.b .tact dal James ZIZZL.Plesolout#0137. R g 't de,f llov, & dwelling ad replace(lie easterly noun for a Variance under Samar 28015. 1)Reve salofthe Building lnspectar s bound wall Location-1 Property'.5489 based on the Brad.,hopecm's Feb- November 8,2009 Nmice of Disappcoval CA 48(alkln Nord Road).Greenpom ry 11.2008 Notice of Disapproval whah states that the servisory cabbage CPM 1000.40.1-50. con� nig an a h 'lo ' - b m f - g ad a .t t o s The Board of Appeal II h II min,pool situated iside card rather a reo d d 11' g 't ci[ng Section parse , bh pre, t f d than the code required yard, s 121` h -5,,b are to be heard b each bad..,, d/ 3190 Haywate,s Road,Cutchogue,CFM romomfordame,urn Q[ddethat before the m.an,no[ at rlar "marrmar, 111 11-13 w cent'^ ..d ram IY e.cent h hearing 955 A.M. J ^ C� b II,.Sd' _( 1 hal not be ery Bach heanng wll not start earlier than CGI JSA#6138 Request for Variances on la�ePd =R rad.=x wed rewmlin designated above.Files we available for der Sections 250-15 and 280-114 basedo restored or olawit oa a diHerev�t sur r_ review duringregulmbasiness hours and on the Building hoverer.,',February 11, fr h I I d d prior to the day of the hearing If you 2008 Notice of Disapproval concerning ab�yeh h Hci ve da m[ttis have gvestio,s,please do not hesimte proposed accessory swimming pool add • =hIf, Xtcrna to resume,aur office at(631)165ISrN, raised termist sarcode at less than loo h be d by so M29• or in email: I- de Kowa6k(mfown feet from the top of the bluff,and sideentire of Dio van royal a dirt le nv�. yard location for the swimming pool 100-319 which provision Dated:March 14,200e. rather than a code-retained yard,at 1600 '-0R Deb. obit ld sue ZONING BOARD OF APPEALS Hyatt Road,Southold;CFM 50-1-6. =h I be died l ph bold- GERARD P.GOEHRINGER. 10:10 A.M. FRANK and ANTOI- f n 'id' ¢=hall be erected CHAIRMAN NETTS NOTARO#6136.Request for a rhaad whicn�ndea By Linda Kowalski Variance under Section 28015,based on od=', be =d M1 ^ 543]5 Male Road{Office Cuban..) the Buildm I.,peclm's January 22,2008 .msdil lufit ^ ` 53095 Main Read(MaihngNSPM Notice of Disapproval coeming the A Founded 1111111111- 111=1 RO Box 1179 nc proposed location of a swimming pool d�4= Southold NY 119]1-0959 at the side of deck with hoc tub addition eaOl Int"; 8�5FIT 3R0 K and partly in the wde-permitted re a 2) Interpretation to deal with this yard.Location of Property:625 Calves preexisting residential use in a resided- NeckRead,Southold;CTM 63-]-30.1. tial zone,applying Code Section IM 1025 AM RICHARD and PA- N-"art mine Il b_ __ ..dm Cen. ver A ERFIG ING 06141,Ibis is f e=whichgatm;A NotM^¢ request for a Special Exception under in theAll'cle•heL b<decreed 11 Ideseld Southold Town Zoning Code Article he mMeline _ s�nio_en- 111, Sedian 280 13B(14), s.bseUl.nl afthergem or I 111,11hurall,11NIJIe a-0.The A,phemn/Owner proposes a Bed and Breakfast accessory,use in then duat such action does imidence,incidental to their occupancya.f ease the deme as a single-family dwelling use,with up f f with regard io the to three guest bedrooms for lodging andn^doyen= rtve�=nLg m such nuild- othrenkmotoour mo,athan led area nfa damaged' (10)casual,trandent rattan.Location of Property:235 Lilac Lane,Cotchogue eautmomar,Q buillarlidl- bilh has Lot 117 nn the Map of Nassau Farms; d d b Cr erocaiiaes to Ci'M 1041-20. f than soft, f Is bar 10 4d A M ROBERT F• d PATRI- ,Joe sholl act b hell or lest to FRIEMANN N6139-Request far why is do andiscaric Vac under Sections 200 116B and [,db,m conform m L e ,,,,bb and vara 284124,based oa the Building Imp. f h B k e h d (2) Re's November 19,20T7 Notice of Dis- A,plic.thin for oudd no to - approval concerning proposed partial store the daMa2Qo portion or am,b lul demolition of un existing dwelling,end An damaged or d d A, ,I fact. proposing new construction for alters in SubsectionBID Atmxc shall bell a' tions and additions to the dwelling at lost within are a,,of flog d hid;- then the code required minimum of 15 4,,And=bidl tal wearpraflillUd by clans feet on a single side yard,and less than [ Jh h as to such oar 75 feet from the bulkhead or moaning tr II bset'h he cagy r ms walk adjacent m the shoreline of Little set path bana.It Ralit wesproll Is m Aided Creek-Location of ramparts:2935 Pine it shall) ar bie3�H `k Tree Road,Cotim,re;CFM 1043-8. mande,detion in shamming, wt. the 11:00 A.M. KAREN MAZZ E- ted ERR 4(formerly Korea Molar)#6134. 3)AI 1 V =based Request for a Variance under Section h B 'Id I = •bar= November 8 280-14,based on the Building neper- 91,7 Norge f Dramamoval under See, tor',December 17,2007 Notice of Di, MO-121A And Sort,,, 100-31A approval enorganic,a proposed lob(#1) denied for h ns that'he nor..:_ proposed with a lob width at It,,thaneotmee _ non onburning antl the code-required 150 feet in this pend- inn thre.lat Minor Subdivision,learned na.,be larged aheced At 1450 Hotton lane,Southold;CIM ,sailed.re ansbeaed or restored or 63-1-12;Zone District R-40 Low-Denei- al d dH ant pall o[ ty Residential. r,ball adv external vi�rnca o!sash 1105 A.M. THOMAS an PAIL n_o_ney^y»�•-d by a_halso- l-F�#6143.Request fora eve,As,Ashameddwelling Varigcunder Section 280-122,based 12:15 PM.DONAI D dad JANIS �\ on the Bondi.,Importer's January 18, ROSE#6130.Request for Vaiunces ms 2008 Notice of Disapproval and ZBA der Sex am.,280-15B..,12130-124,bagal Code Interpretation#5039(Walz)con- on the Building Insporturas January], rsuing proposed additions antl alters- dunk amended Notice of Disapproval lives to an existing single-family dwell rearcerson,the location of a new owe. ing maintaining the existing front yard story accessory building ata height an setback,for the reason that the new ce din,18feettedo,mpofMeridle-f wretiuction will increase the degree of deremovalofabuildng.and which new .".. \n new 1 uym I� lun oa vllG N� Lcx+ — 0141 9uoun or IM POPnoN Uf [xE ®, �y Ht, ,ne u,n o n° I A. E SL 1,11, mUMr 1.111 Is PNoxalTlr vb�r�lf County Center Aivarheod,N Y 1191 1IT1 WiiEN qY a INE A' 4 sulE N ffET. PFOL PPwEPTr E 4cFxcr ° °W s So�N° LONG v O'd w i "• 9(cl I,S41c1 y : ,0 ,PoJ 6 1.14 SN� PD P d..° 5° a a110JIc q'S •a' • 4 e ` ' � W R(1. E%i. rs e �, ,w' �.�' w •O SIE w � �J4Yt 16 V n sO�N a` Rs Tj1 F' SOUTHOLD Penx DIST. Orn 113 1• 0 �'p0• < ts.leo 2z re< ,,, nFcolNc 6.1a J bH ?J ,' 3p ,,y •R'rs4xn hRD rRus R.. ✓ 2.o4k1 .0 ' tz JJA b / 1.141c1 "tt 8 J9 J S 'u a8 i s I t6, y JOi4. b JOA a tz4rq g �a P �g L24Ic) 14 r • r � °c 4 / ..� I.11fcl "f � :m a`2 a-� a\ .,. q 4 ,� U'`• I 9.1 /. »a 3.04 '° 3 e9 N �)d g ° l.lbO }'a 1411 1. 322 ( 2r / x {8' sire 1.z411 zz.4 / zl 5, ,., w zz.leru 1.14LB 9 1.14 - 8 FON PCL.N0, tr SD 6 Sep , Orn » SEE SEC.HL, 130 t2] " J ,p 054-Ox-004.1 e 1.3411 ,�1.04 ' M4iCN -�- lME — rc DI COUNTY OF SUFFOLK Dr. PEsss 11n .xe rouonwc ISTPK1s: NOTICE >...N,.�,1:.R --.—_ ,a,��,,,,,I. --11=1—_ F, SY�XIRT ..p M4MIEN4 4L1EN41w SUE OP a Real Property Tax Service Agency lyn mvn Un --L-- —,11 r n 4 xT a[a OISIPIBOTION U 4NY POfliION p iNE p� :ueauncs PLrusE saFOLK caner rax MAP 15 PRowelreD . , p County Center RiverhI N Y 11901 u9..WON IITNOUT KNITTER PERMISSION HE THIS p KLLE IN FEET: flNL FAOFEPTY T4x SEPNLE d4FNLY. . a 1r ' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK 13 ----------------------------------------------------- x rn In the Matter of the Application of 1gtD ° i�S (Name of Applicants) MA CTM Parcel #1000- 5 1000- S10 --------------------------------------- � COUNTY OF SUFFOLK) STATE OF NEW YORK) 1, `(/nn�� —IA5,4�7 residing at g�? �127 New York, being duly sworn, depose and say that: On theday of Ap" , I personally mailed at the United States Post Office in 9&4 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 theNAssessors, or( ) County Real Property Office .S®(P70iw� , for every property which abuts and is across a public or priv4,,e street, or vehicular right-of-way of record, surrounding the applicant's properly. (Signature) Sworn to before me this day of mw 12008 Klflp WAIKER �IOWyPOW stmedNW uk �„SaffoN53Ckft 06t (Notary Public) EWU SWIL 25. t. 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. � y !097� 570 119 fZ/ !� �il1167 6E� /Ox //(? 7/ ,o�,elt- SENRY DER: Complete Items 1,2,and 3.Also complete l Item 4 if Restricted Delivery Is desired. X ■ Prim your name and address on the reverse so tflet.W can return the card to you. B, ecaM1red pd C. Date of ■ Attach this card to the back of the mailpiece, or on the front if space permits. I o 1. Article Addressed to: D. Is wary address dHfer nt 11 ❑Yes If YES,enter delivery add ❑ �f � PD uses /7� �/�Z�!i f 3. Service Type !pt'J�C5 conned Mall ❑Express Mail 9 Kn�p'f7� ❑Registered �ietum Receipt for Merchendin • y�. i�/ ❑Insured Mail ❑C.O.D. 4. Restricted Delivery9(Extra Fee) 0 Yes 2. Article Number (rmnsferfrom service label) 7005 3110 0000 2765 7363 f Ps Form 3811,February 2004 Domestic Return Receipt 102596a .taw ■ Complete Items 1,2,and 3.Also complete A re Item 4 if Restricted Delivery is desired. X ■ Print your name and address on the reverse `e ,� ❑ so that we can return the card to you. B by( M� � ■ Attach this card to the back of the mailplece, ) C. DateA(,p or on the from if space permits. l 1. Amcle Addressed to: D. Is delivery address different 7 ❑Yes If YES,enter tlelivery address to ❑NVC 3 us T/ L---T rvice Type aq- ❑Emipresa MallRegistered ;...r �,8esrrtf R&Mpt fdeMelcliarldl Insured Mail ❑C.O.D.sMcted Delivery?(Extra Feel ❑Yes 2. Article Number Mwmfer fmm swvlce label) 7 7005 3110 0000 2765 7349 PS Forth 3811,February 2004 Domestic Return Receipt 10219542-WIUO item 4 If Restricted Delivery Is desired. - ■ Print your name and address on the reverse X V� �� ❑Age so that we can return the card to you. ❑Add' ■ Attach this card to the back of the mailplece, B. Recelved by(printed Name.)1 0 Q,`War of Del or on the from ff space permits. bctf rt I (a dJ lv 1. Article Addressed to: D. Is del"address different from I m ❑Yes n_ If YES,enter delivery address belovbl��/ y y '",ed Mall ❑Express Mail /0� Registered )&-Ratum Receipt for Merchandise �/ ❑Insured Mall E3C.O.D. 7 4. ResMcted DelivW(Extre Fee) ❑Yay 2. Article Number (ransfer from serNce lebe� �t� 7 0 15 3110 0000 2765 7 318 PS Forn 3811,February 2004 Domeshc RetumReceipt — 102595.02-WI50; ■ Complete items 1,2,and 3.Also iOom tem 4 If Restricted Delivery is desired. A Signet • Print your name and address On the reverse X SO that we can return the ❑ACara ■ Attach this card to the ❑gdriaaaq Or on the from ff s back of the maiipiece, B• Received Pace Permits. C. ood�ss tF 1. Article Adtlressed to: .3L4t� . .71n fe ((('''��, D. Is del' ❑11e it YES,enter delivery address below: ❑.i . Md E3 Mail /i/ 2� ❑ Insured Aold Receipt for Mare wan COD 2. Article Number 4. Restricted Delivery?(Extra , (rmnsferhomvks 7 s& ❑y§a ) � 005 3110 ❑000 2765 7356 PS Form 3811,February 2004 Domestic Return Receipt ---- � lMS95424.law /•, i sl II i i i �� E i i ' e- rn CERTIFIED MAIL� RECEIPTMEl A m m .. Only; .. M1F� Ln Lr) ME " 1 � , .. . rru postage $ $1.14 0971 ru Postage $ $1.14 0971 Certified Fee 76 C3 ceNnetlFee $2.65 76 C3 f2.ti5 Postmark Retum Receipt IF Postmark O Retum Receipt Fes f2.15 Here O (EndoreerZ t Retained) $2.15 Here (Endorsement Required) ED Resmeted Delivery Fee ResMcletl DelNery Fee �•� (Endorsement Required) f0,00 rq (Endoreement Required) rq rR rrl Total Postage $ $5.94 03/10/2008 m Total Postage a Foes $ $5.94 63/10/2008 Lrl a Fees Ln t o C3 Sent to M -O Box a% J C � �- ---- -1// �j ....(ti Sreet ...t.... ------- w P -----1.. i1------------ZZ---------------------- cNI:same;Z/ - +..._L�.. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK -----------------------------------------------------X In the Matter of the Application of AFFIDAVIT OF SIGN Yl POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- - - -- - 50 - - ---- -- ---------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) 1, Z.AL6142' residing at �? � 1 New York, being duly sworn, depose and say that: On the ay of _,&V6, I 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 fqs yin ys prior that da f the subject hearing date, which hearing date was shown to be AT1 Z , (Signature) Sworn to before me this day of mp---5- 1200 % ALICIA WALKER Noon Fame state a Now tar Qsa , p neo.oliMA 155 in(Notary Public) Cow inwa Ev ns SwI15"tz,NJ *near the entrance or driveway entrance of my property, as the area most visible to passersby. � NOTICE OF HEARING The following application will be heard by the Southold Town i Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME : Ragusa , P . & C . #6138 MAP #: 50- 1 -6 APPEAL : Bluff Setback, Yard Location REQUEST: Raised Terrace and Pool DATE : THURS . MARCH 27 , - 9: 55 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD -TOWN OF SOUTHOLD 765- 1809 Y t tr i 1, n • '�, "- OWN ' rA'� r ' d tr 1 �M ti i 1 r , IN �i��'�;►=- �'�' h �� i�w..� � ri O 14 011, r AA 1 `' i Ipy � �.(p� �.�VA Y � I,r `1 �'0.��R t;,`l'i. �i, f� i• �� `A A v' "�fF / s� � l � � �-: � 4' �jr v� • f,� ..�� t pr t 1 r _ c-� � 4"� A �\:: FYI � �. a. _ _ `_ � I �_ � � �. _ Y Y '.1- j 11 G: 'n r � � ' � �\ ' � it t� �I. �� I� i I � . ,._ ' � ,, - w �`�,� \� „�� ' � -. _ � � - � . , � � I �,� ; �_t �`=� i .. �. 4'. . .. .� - - �i t 'J _ � e'- 'M si M f_y M � } Mom#, _'- �,. �I .✓ �! � r: _:.Ir ,:® J \ 'r M .ipFr3+ a y u`'1 - �I 1. l If ,. r t I , $ � � �, I I •!t • � 1 "l��. v t 1 . >. Y I'' f£Y � � rJ ` 1�, � V ♦ �' � Z r � 1�''n<� Vhr _ til �y.�. t• +��•s'.< .'fj1) Y . d El J �T• Y yM1? ',I a.�� , 4i, tpo � 'e h',` \ i �• .1 ✓err. � :Y � Rr � �l( jj �S r r(!Li t,�+ �.q` .. �. S.� �la 1 1K � �� y ! --�-+., .. _ �._1�� ` f T SY/Sr r `.\ �` c• �iw1i Y y,.,. A T�. � I _-_ �. I :� Ili _- _ i•� � '� pM:•��al �{we f r n ►!"`� > Y� d1N i Y 5�� vav�ji�/i,•� ht It r fv /.i p�p't Vi tit Lm OF ti 1 - �Ar F 3r 1,y • r f{ - i . 11 : w � d F. l 1 h ��yy�� .r pp� •fix. a . �2 p t r B �VIF ' V r It A fi v ;r �s • c; �3d } 5 H p� 4� it f �S r Op N`, ' CE Y ORR r ••P " MLOLENANC[ ALTERATION,SALE OR WReal Property Tax Service Ac oIs1R19VPON OE INT FOILS, In 1xEti ,e TE County Center Aiverhead�N Y 1191 ' • %FUSEsuFwlx courvlYlexM4PsPROxIanEO n.mr: .. ..R a. •x eueu EuiEP PIlH00l YRIiiEN PERMISSION Lf 1HE SCACE IN EEFIToo o Sao Iw - REAL PROPERTY TAX SERVICE AGENCY. SOUND UoNG - ..._ A, � 6 I SAFE, -O'C .gyp y4! 5 w 1.141ci- ? J♦ ! IS z p1 S6, "z 3 ,• RD. G 16 � zs 14 v %° , 9 MAN 9 lO9i 14III SOYTNOLDPAR . q O I MA PdEcC04, L4 64 vO' I A vnsckk„r.�, r s E,z 2041. O IF 1.2A L y y rye. 1.t AGO a 'lLl s S s i n6 � r 2 3Ogor e � '°s/� a Id4k/ 14 ! O /- 22A ,v ez ror e .I 4 ,nw t :u om x r lyrcl x 100 Is x o..A I 'If Lq y . ] 1 Ay d - 221 'O `Ro L'r4 � q4r 21 ap 121 n l.lA 2 / 8 _ :.,1 <_e t IB.9 1.14 r ♦ i FOO PCL.22 NO. 1!• !SS / :' a - 94lcr SEE SEC.NO. Sq 1.04 l kR OS<-03-024.1 � WTCN sahMm.vk,Om ——IF, YYV—.1—:A, -”—' UNLEzs 4 OTTER'AE ALL PFOPPARAS FLY AUL.,.z — E— ..eM,,,L,:I,e --R— N TOE .KING CTS, Nance COUNTY OF SUFFOLK Liner wnk,un —- _ iqu'4 Ex ppANl MENTENANCE,4tiERLiION,sALE OR p — RA,rk,N. L—_ ;�';`I,ILz —�T,– 'RENT 1; 111ER .ISTRIIEUR �ANY P.RTION ff THE m . Real Property Tax Service Agency AI Navk,N,. —-P— M— rr— °x" REFUSE sIrE.LK COUNTY TAX YAP IS PR.611. Canty Center Rlverpead,N Y 11901 mew er onn[r Nm —_ >wgyLArcEX—V111 L. •As1E•ATER YTRIAL WRITTEN PERMSAON OF TNI `4 HALE IN FEET: -- —' REAL PROPERTY Tex SERVICE AGENCY. Za 'wAA APPEALS BOARD MEMBER �q sopTy • Mailing Address: Gerard P. Goehringer, Chairman Southold Town Hall Ol0 53095 Main Road • P.O. Box 1179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio,Jr. • Q Office Location: Michael A. Simon _ Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman ��COUMi'h�c� 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 • Fax (631) 765-9064 May 20, 2008 Kenneth Butterfield, Esq. 168 Laurel Avenue Northport, NY 11768 Re: ZBA#6138 —Variance Requests for Pool and Raised Terrace (Ragusa CTM 50-1-6) Dear Mr. Butterfield: As confirmed by Resolution of the Board adopted at the March 27, 2008 public hearing, the hearing will reconvene on May 29, 2008 at 1:15 P.M., in the Town Hall Building, Court Room/Meeting Hall, 53095 Main Road, Southold for the purpose of receiving additional testimony and to discuss the amended diagram submitted to the Board on May 6, 2008. Sincerely yours, Linda Kowalski APPEALS BOARD MEMBER,,*- �fjF $Q(��y Mailing Address: Gerard P. Goehringer, Chairman �p� OHO Southold Town Hall 53095 Main Road• P.O. Box 1 179 Ruth D. Oliva Southold, NY 11971-0959 James Dinizio, Jr. • O Office Location: Michael A. SimonO Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman Cow, 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631)765-9064 May 20, 2008 Mr. Ural Talgat Landscape Architect 436 Seventh St. Greenport, NY 11944 Re: ZBA#6138 —Variance Requests for Pool and Raised Terrace (Ragusa CTM 50-1-6) Dear Mr. Talgat: As confirmed by Resolution of the Board adopted at the March 27, 2008 public hearing, the hearing will reconvene on May 29, 2008 at 1:15 P.M., in the Town Hall Building, Court Room/Meeting Hall, 53095 Main Road, Southold for the purpose of receiving additional testimony and to discuss the amended diagram submitted to the Board on May 6, 2008. Sincerely yours, Linda Kowalski APPLICATION FOR PUBLIC ACCESS TO RECORDS SUFFOLK COUNTY Suffolk County Dept. of Health Services,Office of W& dewater Management 360 Yaphank Avenue, Suite 2C, Yaphank,New York 11980 INSTRUCTIONS TO APPLICANT: Please complete Section I of this form(type or print legibly). S =jNAL FORM to the agency Freedom of Information Officer. The Freedom of Information Officer or Designee will respond to your request as soon as possible. I HEREBY APPLY To: MCjInspect the following record Receive a copy of the following dooutneit(s) (Please describe the record sought. If possible, supply a date, a file title and complete tax map number,and any other information that will help locate the record desired:) 1,60o y✓arm 5�� ,IOL ,7 LOG.. ri 0.� p ,= l,t l<(6TE W:4 TcJ=Gt �AciciTY CSJ SmAnTim Applicant Represents Telephone# r o�✓,dC�L 63/��-yy�3 APPI 'S MAIL-0— REBS(MUST DR COMPLETED): Date of Application A✓.�� ✓ � ✓i�(ri T �1 D tf SECTICIT4 H: i6IR 11q RV V2 OF INEUMTION QFPW Q Approved. Call to arrange an appointment to inspect the requested record. Contact Person Phone# Q ecords not possessed or maintained by this agency. eoords cannot be lisu nd after dftot`w rrch. Q Denied. Reason for denial. (See Attached). Q Receipt of this request is acknowledged. There will be a delay in supplying the requested record until: Q Payment of Reproduction Fee S Q Other Q Document(s) enclosed,as requested. Other Signature of FOI DesjC' Title Date v YOU HAVE A RIGHT TO APPEAL A DgE�NgIAI OF TH1S APPLICATION I�NAS O TO THE OFFICE OF THE SHOWN BELOW. T11E CONTACTEDAPERS N MUESNT RRES 1PONFN I O YOU IN �BUSINESS DAYS OF RECEIPT OF YOUR APPEAL Suffolk County Attorney H.Lee Dennison Bldg.616 Fl. iI 1 Business Telephone Vderans Memorial H .,Hau u ,NY 11788 i APS J (631) 8534049 W JUL,WM-074(8/05) Tracking# 3 J 7 / C irp,' %ZONING BOARD OF APPEAL MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htgp://southtown.northfork.net March 6, 2008 Re: Town Code Chapter 55 — Public Notices for Thursday, March 27, 2008 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 Times Review newspaper. 1) Before March loth : Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by 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 owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or 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 how arrangements were made in either a written statement or during the hearing providing the returned letter to us as soon as possible; AND not later than March 12'": Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office 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 during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later March 17th please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. 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 deliver your Affidavit of Posting prior to March 27, 2008. 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. APPEALS BOARD MEMBERS r4F SO Mailing Address: James Dinizio,Jr.,Chairman y�� T6Q Southold Town Hall 53095 Main Road•EO. Box 1179 Gerard P.Goehringer Southold,NY 11971-0959 Ruth D. Oliva GZar Office Location: Michael A. Simon yo Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman colnm 54375 Main Road(at Youngs Avenue) Southold.NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALSd aNa TOWN OF SOUTHOLD UL 77-,:,0►L• Tel.(631)765-1809•Fax(631)765-9064 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 12, 2007 ZB File No. 6048— Paul and Cheryl Ragusa Property Location: 1600 Hyatt Road, Southold CTM 50-1-6 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 further steps under SEQRA. PROPERTY FACTSIDESCRIPTION: The applicants' parcel is a 51,534 square foot nonconforming parcel in the R-40 District with 125.77 feet along Hyatt Road and 125.08 feet on Long Island Sound is improved with an existing single-family dwelling and accessory garage, shown on survey prepared by Nathan Taft Corwin 111, L.S. dated 4/18/04. BASIS OF APPLICATION: Request for a Variance under Section 280-116A, based on the Building Inspector's May 20, 2007 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling at less than 100 feet from the top of the bluff adjacent to the Long Island Sound. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated June 11, 2007 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. TOWN CODE CHAPTER 268 LWRP DETERMINATION: The 733 sq. ft. addition to the dwelling will be over the existing first floor (same nonconforming setback of the existing house), and the new garage will be mainly on the southeast side of the existing dwelling, next to the proposed 185 square foot first floor addition and closer to Hyatt Road than the water side. Drywells to meet code will be installed to catch roof water runoff. The bluff is fairly well vegetated with herbaceious and woodby vegetation and numerous locust, cherry and maple trees. Debris that was placed on the bluff face just below the bluff top will need to be removed to allow vegetation below it to grow. With conditions made a part of this variance, and the fact that the new additions are substantially greater than the setback to the bluff that exists, that the second floor addition will be over the first floor without changing the foundation or disturbance the ground within 50 feet of the bluff, and that the new stoop will replace an existing patio/step area, this variance will be consistent with the policy and standards of the LWRP. Page 2—July 12,2007 ZB File No.6048—Paul and Cheryl Ragusa CTM No.50-1-6 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 28, 2007, 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 fads to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants wish to replace the existing rear stoop and to remove the patio which currently lies 17 feet from the top of the bluff. Also proposed are additions to the existing dwelling, after removal of the second floor of existing dwelling and constructing a full second-story addition over the existing first floor, and addition at the front of the dwelling (under renovation), to accommodate a new kitchen and a passageway to the new garage, as shown on building plans prepared by Donald G. Feiler, Architect dated 02/24/07 updated 05/14/07 and survey prepared April 18, 2004, revised February 23, 2007 by Nathan Taft Corwin III. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The entire area of Hyatt Road consists of large 1-acre to 1.5 acre lots, primarily improved with one family dwellings. Many of the dwellings were constructed with setbacks from the bluff that are currently nonconforming. The applicants' entire single-family dwelling has only a 17 ft. nonconforming setback, measured between the top of the bluff and the northwest comer of the dwelling. The second-floor addition is proposed over the existing first floor, and the new second-story floor area will be 733 square feet with additional bedrooms, replacing the existing 787 square feet of floor area. The new stoop at the north side of the house will replace an existing step and patio area. The Board finds that with the requirement for conditions as part of this determination, no detriment to the immediate neighborhood will be caused by the grant of the variance requested. 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 dwelling was constructed many years ago in this nonconforming bluff setback location. 3. The variance granted herein is substantial. 4. The difficulty has not been self-created. 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. There are concerns regarding any possible water runoff or disturbance of land on the bluff side of the dwelling, and conditions are added to this determination as a requirement concerning follow-up of these site- related concerns. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy reasonable use of their property, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3—July 12,2007 Cheryl File No. 6048—Paul and Cheryl Ragusa CTM No. 50-1-6 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Goehringer, seconded by Members Weisman, and duly carried, to GRANT the variance as applied for, as shown on the survey prepared by Nathan Taft Corwin III, L. S. dated 4/18/04 and building plans prepared by Donald G. Feiler, Architect dated 2/24/07 updated 5/14/2007, subject to the following conditions: 1. Hay bales must be placed on the top of the bluff and secured to the soil along the entire frontage of the subject property. 2. Use of machinery within 50 feet of the top of the bluff shall be limited to only small/light weight construction equipment. 3. All roof water must be retained on site with gutters that lead into storm drains as per code. 4. There shall be no change in the grade of the parcel between the top of the bluff and the dwelling. 5. Grass must be replanted in any areas that turf was removed, between the dwelling and the top of the bluff. That these ZBA conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio, Oliva, oehringer, Simon, and Weisman. This Resolution was duly adopted (5-0). Ja s Dinizio Jr., Chairman ` July 15, 2007 Ap roved for Filing JUL Vv2 3 2001 out'ho 1J ',ovin Clerk 06/17/2008 17:56 FAX 631 765 4643 MOORE LAW OFFICES ZBA R001 r • • PATRICIA C. MOORE Attorney at Law L Z it 613 �i 19 /� hold, Main Road 7� Imo` \1 Southold, New York 11971 j-k Tel: (631) 7654330 Fax: (631)766-4643 FACSIMILE COVER SHEET The pages comprising this facsimile transmission contain confidential information from Patricia C.Moore. This information Is intended solely for use by the individual entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you. TO: ZY } /l bn Li/IC�ti FAX NO: Z RE: /2Q,90sc1 DATE: 6_/ 7-QB TOTAL NUMBER OF PAGES INCLUDING COVER SHEET 3 IF TRANSMISSION IS FAULTY OR INCOMPLETE, PLEASE CALL BACK AS SOON AS POSSIBLE. CLIENT NAME: lqct9ys y OPERATOR: comments: / 4w �ad Qyt� T " r l c � had a �4 hole du d j 06/17/2008 17:56 FAX 631 765 4643 MOORE LAW OFFICES + ZBA 002 MCDQMtJ��i./ �� GUOLME CE Box 1000.Southold,New York 11971 .(631)7863877 TEST HOL9 DATA SHEET Name: 0 Surveyor: RECOVED Location: Southold Tax Map Number: 1000-50-1-6 M Project Description: Eng�� 6/9/08 MIxed fines and loam -------- 2.5' Brown silt ML Brown Silty sand SM 17' Comments: No water encouhtered Teat hole boring 06/17/2008 17:56 FAX 631 765 4643 MOORE LAW OFFICES + ZBA IM003 I • • JUN 18 2008 I .Cyp2y � BOARD OF APPEALS I Qi 1v 1011 ,�' �•- - -� ''� ZG/18 38Vd MfM1mmss13vvs 18109CEL919 60':91 B00'Z/BE/98 J - • /1 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 -\f Tel: (631) 765-4330 Fax: (631) 765-4643 U Margaret Rutkowski Betsey Perkins Secretaries June 13 , 2008 Southold Town Zoning Board of Appeals Gerard P. Goehringer, ChairmanV 's'' Southold Town Hall �p 53095 Main Road 6//2w Southold, NY 11971 J 1j, By Hand -5 [p1.3C? Re : Cheryl Ragusa 1000-50-01-06 Appeal #6138 Dear Chairman and Board members : As requested at the hearing, this letter is in response to the LWRP letter to the Board dated March 27, 2008 and additional documents requested. The proposed pool has been significantly reduced from the original application in order to make the pool "more consistent" with the LWRP. The pool has been set back at the existing setback of the house and landward of the stairs . Policy 4 . 1 Minimize losses of human life and structures from flooding and erosion hazards . Joseph Fischetti, PE testified at the public hearing that this bluff is stable and there is no threat of erosion. He testified that generally erosion is not a result of weight on the top of the bluff, it is affected by the stability of the toe of the slope. The Ragusa property has a stable toe of the slope and the bluff is naturally vegetated and stable . The pool will not result in excess weight to the top of the bluff, in fact, Mr. Fischetti testified that water is less dense then soil . The pool does not add weight adjacent to the top of bluff . Also presented at the hearing was a cross section of the pool and bluff which showed that the pool has been relocated in line with the foundation of the house and set back further away from the top of the bluff then the existing terrace . Also the cross section shows • that the toe of the bluff is not steep and, in fact, maintains a gradual upward incline . There is no potential loss of life since this structure is an accessory pool (non-habitable structure) and there is no evidence that there is threat of loss of structure from flooding or erosion hazard. The flooding due to storm water is addressed by the new drainage code which requires all structures to meet drainage for a 2" rainfall . Therefore the house will not produce flooding. The pool is constructed with proper drains which eliminate water runoff as well . Finally, the property slopes toward the street therefore no flooding will occur over the top of the bluff . As is shown on the cross section prepared by Ural Talgat, Architect, the front yard slopes down toward the road (elevation 75) and the bluff is the highest point of the property (elevation 80) . Policy 6 .3 Protect and restore tidal and freshwater wetlands . The tidal wetlands are more than 200 feet away from the proposed structure. No Andros Patent lands are affected. The Trustees setback is a regulatory setback no different then the Zoning Board setback. The pool is in line with the east side of the house. The pool is proposed in a located which has the greater setback. The pool was pushed back from the top of the bluff to 37 feet. The pool was reduced in size, the patio around the pool was eliminated, the owner asks for no more than a small seating area between the pool and house landward of the house . The pool was relocated away from the bluff to the greatest extent practical . The Best Management Practices have been implemented: Ural Talgat prepared a landscape plan for the common property line landward of the top of the bluff . The owner presently has a non-turf buffer at the top of the bluff which is vegetated with a natural native buffer. Also a pool de-watering system is planned, with an alternative, if the Board requires, a filter which requires no dry well . The slope of the property runs toward the street and not the bluff . The pool and filters will meet all requirements of the Trustees and ZBA conditions . Rather than a survey, a revised site plan has been prepared and sealed by the architect which provides the exact location of the sanitary system. The sanitary was exposed and visually confirmed by Ural Talgut . In addition the proposed dry well was placed on the site plan. In conclusion, the applicant has submitted expert testimony regarding the conditions of the property, a professionally prepared site plan with extensive privacy screening and the proposed pool requested has been significantly reduced and redesigned to respond to the Board' s comments . We respectfully request that the variance be granted. jri�ci`aC. trulyours,Moore CC : Kenneth P. Butterfield Esq. W/encl . Mr. And Mrs . Ragusa Mr. Ural Talgut PCM/mr Encls . 03/25/2008 16:12 FAX 631 765 4643 MOORE LAW OFFICES ZBA Q001 12-4 ��SuSQ� PATRICIA C. MOORE J Attomey at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax:(631)765-4643 March 25, 2007 FBOARD ECE�V�D Attn: Gerard Goehringer, Chairperson Zoning Board of Appeals IAR 2 6 30 Main Road PO Box 1179 Southold NY 11971 OF APPEALS i RE: PAUL & CHERYL RAGUSA PREMISES: 1600 HYATT ROAD, SOUTHOLD SCTM: 1000-60-1-6 Dear Chairman Goehringer and Board: With reference to the above, please be advised that I have been retained by Mr. & Mrs. Ragusa and will be assisting Ural Talgat in this application and will be appearing before your Board this Thursday, March 27`" on their behalf. Enclosed please find a letter in support of the Ragusa's application from one of the neighbors Mr. Arthur Leudesdorf. Thank you and please do not hesitate to call should you have any questions. V truly yours, PatriciM a . core PCMI� encl . 03/25/2008 16:12 FAX 631 765 4643 MOORE LAW OFFICES ZBA U002 • - l re- a_-, 3/b- i�'e = / 3 u4A- �z� 0 Arthur Leudesdorf P.O.Box 1275 1700 Hyatt Road Southold,NY 11971 awledesdorf@optonline.net REGENED March 24, 2008 MAR 2 6 Southold Town Zoning Board of Appeals BOARD OF APPEALS Chairman Goehringer and Board Main Road Southold,NY 11971 Re: Ragusa property-pool Hyatt Road, Southold Dear Chairman Goehringer and Board: I have reviewed the proposed pool application submitted by Mr. And Mrs. Ragusa. The Ragusa family has invested in their home and the proposed pool is within character of the development along Hyatt Road. The variance for the swimming pool is a reasonable request and my wife and I support this application. Thank you for your consideration. Very-tfaly s, I -_Arthur Leud orf I, (of` LAW OFFICES Lc °F [RECEIVED JUN 2 6 2008168 Laurel Avenue Northport,NY 11768 ,.3...� -(631)261-9463 NG SOARD OF APPENLS FAX:(631)757-2664 June 23,2008 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southhold,NY 11971 Re: Applicant: The Ragusas; SCTM#1000-50-01-06; Appeal #6138 Dear Chairman and Board Members: This letter is in response to Patricia C.Moore,Esq.'s letter dated June 13,2008 received on or about June 14, 2008. The Ragusa's application for an area variance to permit the application for a pool is subject to the standards set forth inTown Law Section 267-b.3. A form entitled"Standards used by the Southhold Town Zoning Board of Appeals to Review Area Variance Applications" is available to all applicants or their representatives. Number (2) of the Standards states that the Board shall consider "whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue,other than an area variance. The answer to that query is: "unequivocally,yes". The applicant's revised site plan, dated May 2, 2008, shows an area where a pool could be placed on the southeast corner of the subject property to the north of an existing garage. A swimming pool constructed at that location would not intrude on the required 50 foot front yard or the required 15 foot side yard. For this reason alone,no variance should be granted because none is required. The applicant may argue that a pool would intrude on the configuration of the driveway,but such configuration,at little or no cost could be modified. Consequently,the benefit sought by the applicant can be achieved by a method feasible for the applicant to pursue and the applicants are not entitled to a variance of Town Law, Section 267-b.3. Applicants have not demonstrated to this Board that an alternate site is not available for the pool and that site does not require a variance from this Board. The burden of proof to make to present evidence to establish the lack of an alternate site is squarely upon the applicant. Absent such showing,applicants are not entitled the relief requested and the Board lacks the jurisdiction statutorily to grant such relief. As you know the initial hearing was held by the Board on March 27, 2008, where testimony was given on behalf of the applicant and that hearing was continued to May 29,2008. Obviously,the applicants had two opportunities to demonstrate to the Board that there was no alternative site that they could have utilized for the placement of a swimming pool. Despite this opportunity,applicants have utterly failed to meet their burden of proof. Number (3)of the Standards states that the Board shall consider whether the requested area variance is substantial. The answer to that query is: "unequivocally,yes". As this Board is aware,in Application No.4837(1900 Hyatt Road)an application for a 26 foot reduction in the 100 foot set back requirement for the construction of a swimming pool and related structures was denied as too "substantial". Such a reduction pales in comparison to the 66 foot reduction requested herein. If 26 feet is too substantial then 66 feet is more than substantial. In point of fact,a 66 foot set back variance would be unthinkable. Needless to say,it would be a dramatic departure from its prior decision involving 1900 Hyatt Road. The granting of this application would set the stage for applications for further and more serious incursions into the bluff buffer. It would open the flood gates to the undermining of this unique environmental resource. The County of Suffolk Soil and Water Conservation District evidenced its concern about the bluff in its letter to the Board, dated February 26, 2008, stating among other things that "No toe stabilization exists on this lot." The erosion that occurred as a result of the"Halloween storm"a few years past clearly demonstrates that the toe of bluff is vulnerable. There is testimony about underground streams on the subject property and the adjacet parcel to the east. What effect the streams would have on the stability of the bluff after the removal of the soil for the swimming pool is unknown. Mr.Fischetti,applicants'engineer,testified as to his observations of erosion of the bluffs:"It's wave action and it's going to get worse in the future because we're having much higher wave action. If we don't protect the tows<sic>. That's the problem." Then Mr.Fischetti concluded that construction of a pool on the subject property"will not make this bluff unstable". How is he able to make such a statement? Is he saying that this property is exempt from wave action? He previously testified"* * *that the problems of our Sound shore bluff are because of the DEC and their regulation. The DEC are causing the bluffs to be eroded because they don't allow property owners to build hardened bulkheads at the tows<sic>.It is clear that there is no protection of the toe which Suffolk County confirmed. Therefore,Mr. Fischetti is saying that any toe is subject to erosion if it does not contain the necessary protective bulkhead. [See:page 25 of Mr.Fischetti's testimony annexed.]Mr.Fischetti's testimony confirms the danger of building on a bluff, absent bulkhead,which can not be put in place in this application, according to Mr. Fischetti. This Board has the difficult task of weighing the benefit to the applicant against the detriment to the health, safety and welfare of the neighborhood or community if the requested variance is granted. It is submitted that to err on the side of caution is laudable in circumstances such as exist herein where the stability of the bluff is of paramount importance to all the residents of the area, and particularly to the Ragusa's neighbors. Climatic change worldwide is evident. Global warming is no longer in serious dispute. Tides are rising and the severity and frequency of storms is increasing. No one can criticize this Board for exercising caution in protecting all landowners in this area, including the applicant. Furthermore,the issuance of a grant under the circumstances of the application will have a gross adverse effect upon the adjoining property owners to the east,Mr. &Mrs. Carnevale. The grant would allow the construction of a pool which would deprive the Carnevale's of peace and quiet enjoyment of their property depriving them of their privacy. As a result,the Carnevale's property value would be adversely effected. Accordingly, it is respectfully requested that the variance be denied. Very truly yours e eth C. ie Enc. cc.: Patricia C. Moore, Esq. Mr. &Mrs. Carnevale 0 032708Ragusa-d 1 2 interesting paragraph when I realized that the 3 problems of our sound shore bluff are because of 4 the DEC and their regulations. The DEC are causing 5 the bluffs to be eroded because they don't allow 6 property owners to build hardened bulkheads at the 7 tows. It is the bulkheads at the bottom that 8 protect the tow. It is not the weight at the top 9 of the slope that cause bluffs to waste. If the 10 tow of the slope is eroded, you will have, I don't 11 care if, as long as the bluff is stable, the tow 12 of the slope will erode. Now, that is the 13 problem, it's not the weight at the top of the 14 slope, it's the erosion at the bottom. and if you 15 fly like I have along the bluff when you take 16 boats along the side, you'll see certain areas of 17 the bluffs are eroding. They don't come from the 18 top and get pushed down. It's the bottom. as 19 long as the tow of the slope gets eroded, that 20 slope will go. secondly, certain areas, you have 21 wave action. It's wave action and it's going to 22 get worse in the future because we' re having much 23 higher storms with much higher wave action. If we 24 don't protect the tows, that's the problem. Not 25 the top. So any construction at the top of the D 1 2 slope here was not going to make this bluff Page 25 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 T 1: (6}3,) ,165- F x: (6H�) 765x46:43, Margaret Rutkowski Betsey Perkins JUN 13 ( Secretaries BOARD OF APPEALS 3 , 2008 6J Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 By Hand Re : Cheryl Ragusa 1000-50-01-06 Appeal #6138 Dear Chairman and Board members : As requested at the hearing, this letter is in response to the LWRP letter to the Board dated March 27, 2008 and additional documents requested. The proposed pool has been significantly reduced from the original application in order to make the pool "more consistent" with the LWRP. The pool has been set back at the existing setback of the house and landward of the stairs . Policy 4 . 1 Minimize losses of human life and structures from flooding and erosion hazards . Joseph Fischetti, PE testified at the public hearing that this bluff is stable and there is no threat of erosion. He testified that generally erosion is not a result of weight on the top of the bluff, it is affected by the stability of the toe of the slope . The Ragusa property has a stable toe of the slope and the bluff is naturally vegetated and stable . The pool will not result in excess weight to the top of the bluff, in fact, Mr. Fischetti testified that water is less dense then soil . The pool does not add weight adjacent to the top of bluff . Also presented at the hearing was a cross section of the pool and bluff which showed that the pool has been relocated in line with the foundation of the house and set back further away from the top of the bluff then the existing terrace . Also the cross section shows that the toe of the bluff is not steep and, in fact, maintains a gradual upward incline . There is no potential loss of life since this structure is an accessory pool (non-habitable structure) and there is no evidence that there is threat of loss of structure from flooding or erosion hazard. The flooding due to storm water is addressed by the new drainage code which requires all structures to meet drainage for a 2" rainfall . Therefore the house will not produce flooding. The pool is constructed with proper drains which eliminate water runoff as well . Finally, the property slopes toward the street therefore no flooding will occur over the top of the bluff . As is shown on the cross section prepared by Ural Talgat, Architect, the front yard slopes down toward the road (elevation 75) and the bluff is the highest point of the property (elevation 80) . Policy 6 . 3 Protect and restore tidal and freshwater wetlands . The tidal wetlands are more than 200 feet away from the proposed structure . No Andros Patent lands are affected. The Trustees setback is a regulatory setback no different then the Zoning Board setback. The pool is in line with the east side of the house. The pool is proposed in a located which has the greater setback. The pool was pushed back from the top of the bluff to 37 feet . The pool was reduced in size, the patio around the pool was eliminated, the owner asks for no more than a small seating area between the pool and house landward of the house . The pool was relocated away from the bluff to the greatest extent practical. The Best Management Practices have been implemented: Ural Talgat prepared a landscape plan for the common property line landward of the top of the bluff . The owner presently has a non-turf buffer at the top of the bluff which is vegetated with a natural native buffer. Also a pool de-watering system is planned, with an alternative, if the Board requires, a filter which requires no dry well . The slope of the property runs toward the street and not the bluff . The pool and filters will meet all requirements of the Trustees and ZBA conditions . Rather than a survey, a revised site plan has been prepared and sealed by the architect which provides the exact location of the sanitary system. The sanitary was exposed and visually confirmed by Ural Talgut . In addition the proposed dry well was placed on the site plan. In conclusion, the applicant has submitted expert testimony regarding the conditions of the property, a professionally prepared site plan with extensive privacy screening and the proposed pool requested has been significantly reduced and redesigned to respond to the Board' s comments . We respectfully request that the variance be granted. Very trul yours, ricia C. Moore CC : Kenneth P. Butterfield Esq. W/encl . Mr. And Mrs . Ragusa Mr. Ural Talgut PCM/mr Encls . URAL TALGAT Architect Landscape Architect 436 7th Street Greenport NY 11944 May 5, 2008 Town of Southold Southold Town Zoning Board of Appeals 54375 Main Road Southold, NY 11971 Re: RAGUSA PROPERTY Tz 1600 HYATT ROAD Southold, NY 11971 MAY Tax Map #: 1000 - 50 - 1 - 6 Dear Sirs, Attached please find 7 (seven) copies of the revised Site Plan, dated May 2, 2008, for the above mentioned property. The pool has been redesigned and relocated in respect to the comments from the hearing on March 27, 2008. Additional information is also shown, such as: Landscape Planting Plan, pool equipment and topographical contours along the bluff. If we can answer any questions or provide any additional information, please do not hesitate to call. Sincerely, Ural Talgat, R.A Mar 31 08 10:58a Canwptualeyes 831-251-8382 p.2 ,. �7P )t fr~"t aGP.yk. Of.. WUli V.*V Toed e r �s rd1✓ PO 13&7«3$9 cz len : s d D 1t a• Sm4koLds MY 11975 G,)EcuVF.0 3/a? 31 March 2008 MAR 3 1 2DO8 Town of Southold Zoning Board of Appeals BOARD OF APPEALS Town Hall Annex Building $4375 Route 25 PO Box 1179 Southold, NY 11971 Sent by Fax: 631-765-9064 Re: Ragusa #6138 Follow-up to March 27 hearing Dear Board Members,_ There are two issues that occurred to me after the meeting that I want to be sure are on the record. First, while everyone focused on the pool and patio and the setback of these structures, no one spoke about the required pool fencing. So somewhere between the patio/pool edge and the bluff post holes will be dug, cement poured, etc.Again, we talk about the big items and then when the small items are put in place, they can all be just as disruptive. The placement and the style and method of anchoring the the fencing supports should be on the plans before they are considered. Secondly, while I can only speak for myself I know that the following sentiments are shared by my neighbors.The Board sometimes seems puzzled as to why town residents get into such a fit at these zoning hearings and i can tell you that it comes down to one word—consistency. There is seems to be no consistency in the the Board's rulings. Just take a look at some of the issues surrounding this one application. First, 20 minutes before the Ragusa hearing the Board expressed concem about a 20%versus 24% footprint for a home plan. Yet between the expanded Ragusa home site, the patio, the pool and the existing second garage, no one asked what the total footprint would be in this rase_ Now, is someone is going to tell me that footprint guidelines apply only to the home and garage. I'm going to again ask, where's the consistency? One of the outcomes around the whole application and legal processes concerning 1900 Hyatt Road was that the pool, like the house and garage, is a structure governed by the Town Building Code. So it should be part of the footprint considerations. We live in a wooded setting because we love and admire nature. So whether its just a house footprint, or it's the cementing over of a property by patio, pool, retaining wall, etc. we're losing not only the natural beauty but also the property's exposed soil to absorb and filter water, naturally. Why do we keep thinking that all of these disruptions to the ecosystem won't came back to We us?Why can't we be consistent in keeping the disruptions small? Mar 31 08 10:58a Conceptualeyes p.3 e • �c�od�o Page 2 MAR 3 1 2008 BOARD-OF-APPEALS But perhaps more to the point, back during the hearings on the :14 several years ago, this Board made several comments that we took as fact, not fancy. The first was that during one of these hearings,the Leudesdorts (1700 Hyatt Road, right next to the Ragusa property), were in attendance for a subsequent hearing on their variance application for a 70'setback. During the hearing when residents were concerned about the proximity of pools and other elements planned well within the 10(Y setback, a Board member turned to the Leudesdorfs in the gallery and said (paraphrasing), `You can be sure of one thing, if you are successful in getting your variance for a 70' setback, this Board will never grant a future variance for a pool on the bluff side of your house. 5o don't get any ideas_" Please check the minutes for the exact wording but this is the essence. So at 1900 Hyatt Road your unanimous decision was no pool on the bluff side of the house with less than a 70' setback. In connection with that hearing, you tell the owners of 1700 Hyatt Road that they will never be given a variance for a pod given their house will sit at the 70' mark. But now at 1600 Hyatt Road you seem open to a pool and a patio just 30'from the bluff. Where is the consistency? In dealing with the mess at 1900 Hyatt Road, neighbors spent tens of thousands of dollars in environmental reports and legal bills fighting that application.Again, I can't speak for others but I know that we can't afford such expenses every time a unreasonable application is submitted. Therefore, we look to the town, the building code and the Zoning Board to act in our mutual interests- Our first line of defense is a 100' setback. But that seems to have less and less meaning these days. Our next line of defense is the Zoning Board, but instead of looking out for the interests of the whole community, the focus seems to be on the applicant's interests. In the Ragusa meeting, it seemed to me that many Board members prematurely started offering preference if not acceptance of one option over another. Just because the expanded house is set back 24' from the bluff doesn't mean that the pool and patio need to be or should be set so close. It doesn't even mean that there has to be a pool. But if they were built, that would mean that except for the prescribed setbacks on the sides of the property—and some of their options would even break into those prescribed distances—the entire width of the property just 24'—30'from the bluff would be built on. I doubt that anywhere else in Southold has the town given anyone that type of latitude in building on the bluff. Let's take a closer look at the Ragusa application process and be objective. While I do not wholly believe Mrs. Ragusa's reasoning as to why the pool and patio were not included in the original application for variance, I cannot contest it either. However, the Board should not look at the two separately. Had the Ragusas included the pool and patio in the original application, what would the Board have done?My belief is that the Board would have looked at the plan and possibly come back to the Ragusas and said something along the lines of. "Look, you're asking to build along the entire bluff line, Your expansion plans include an attached garage. But you already have an existing two- car garage on the property that you are keeping. Since we can't in good conscience allow all of this intrusion so for into the 100' setback, would you be willing to compromise?Would you be willing to forgo the attached garage, thereby giving your neighbors to the east an additional 15' setback from the pool and lessening the intrusion on the bluffT And then based on the applicant's response and willingness to compromise or not, the Board would have voted. The same needs to happen here. Just because the application has been broken into two pieces doesn't mean the same issues are not in play. They are. p4) Mar 31 08 10:59a Conceptualsyss 83 - p.d 21-j2oWoPage 3 3 1 2008OF APPEALSWhatever happened to "caveat emptor—let the buyer bewome shopping, they should have done their homework. Obviously, they were aware of the 100'setback and pre-existing issues of the original house that made an extension more likely. But if they were thinking about adding a pool at any time in any way, they not only should have taken into consideration the 100' setback but also the septic system placement and how that would have restricted a fairly placed pool. Ignorance is not a defense. But by breaking the variance application into two parts,the Ragusa's have conveniently left little room for maneuvering—either for the placement of the pool or for the Board's power of compromise.And that neither right nor fair, for the Board or the Hyatt Road community. Another aspect of the hearings around 1900 Hyatt Road was the proclamation that to help preserve the integrity of the bluff, no heavy equipment would be allowed on the bluff side of the house as it would place it well within the sensitive 100' setback area. Yet findings by just one soil engineer at the Ragusa hearing has the Board apparently backtracking from the heavy equipment position as well as the effect building so near the edge of the bluff.Again, where is the consistency? In the hearings for the 1900 Hyatt Road application, there were numerous experts giving their reports. And I'd have to believe that the 100'setback and other aspects of the building code were based on years of such testimony, reports and evaluation. Yet the Board seems ready to agree with this one person's findings and step back from the steps and procedures put in place to protect the community and the bluff. Should this one person appear to be correct in his beliefs, then the Board's responsibility is to evaluate his findings against those given to this same Board over the years, the same information that has gone into making the current code which is intended to protect everyone's interests.And should the Board, after due evaluation, feel he is correct then the Board still has to act within the existing code and, I believe, deny the application.At the same time, they should recommend the town undertake a thorough review and refinement of the code so that it is based on current fads and fair to all. In the meantime, saying that this 100'piece of bluff is stable while portions a few hundred feet to the east and west are not, does not make sense. And lastly, whatever the Board decides, I would ask how the Board's decision can be enforced.After the denial at 1900 Hyatt Road, the new owner took a bulldozer and cleared the property up to and over the bluff line. When I called the Board to report the use of heavy equipment on the bluff side of the house, I was directed to the Bay Constable because the Board is not an enforcement arm. But the Bay Constable and Building Department both said that there was no note of a heavy equipment prohibition on this side of the house. Their response was in fact, ?he Board may have denied heavy equipment in the building of a pool, but there are no such restrictions in place for other activity.'Where is the consistency? And the Bay Constable was leery of taking action because because he had no idea what the property looked like before the deforestation.This is where concerned citizens feel helpless. The Board makes a ruling but has no say or involvement in enforcement. The Board tours properties in question during the application process but takes no photographic records so that when other work is done outside the scope, the enforcement bodies have no prior records to go on.Again, where is the consistency, in this case between words and actions, between setting terms but not following them? c %'3 L � Mar 31 08 10:59a Conwplualeyes 831-251-6362 P.5 • :Lo "LL LMY • • Page 4 I know the system is not perfect and nsider. But it doesn't mean that there can't be consistency in both words and actions. Grant the Ragusa application and there is no reason the Leudesdorfs couldn't argue that they should have a pool 30' from the bluff, contrary to your previous statements that they would never be allowed a pool on the bluff side of their house given its mere 70' setback from the bluff.And the owners at 1900 Hyatt Road could now file and expect that their application would be approved, contrary to months of hearings and court cases and the final unanimous decision around that application. This is where the Board needs to come down on the side of consistency with prior rulings concerning properties next door and just 200 feet away. I feel that is the Ragusas wanted a pool, then should have done their homework and determined that this property was not a realistic and viable option, especially given their chosen home expansion plans. Even if the Ragusas' plans were the result of poor planning and lack of foresight, why should the Board go against its earlier decisions on similar applications—applications that were along the same bluff and 40 or more feet inside the 100' setback?The neighbors should not have to pay for the Ragusas' lack of planning and due diligence.And the Board should should put teeth back into the 100' setback until if and when the Town has charged the code. As I said in my earlier letter, this is an unhappy way to interact with a neighbor for the first time. But having been a long4ime resident, I can attest to the fad that the Town has said that property owners cannot just get what they want. We've drawn the line to say that people cannot just fill in wetlands to increase buildable space, dear cut wetlands or bluffs for a better view, or now even build beyond a 20%footprint in order to keep communities open and natural soil and ground water systems safe. So just because this may be the only spot now left to build a pool because of the owner's poor planning, it doesn't mean that the pool has to be built. The Board should deny the application for all of these reasons. Please be consistent. Again, I offer the Board members access to the beach through our property, if needed.And if willing, I'd be happy to share with any Board member insights into the beach, bluff erosion and community issues frau my years of living on Hyatt Road. Sincerely, Ar'v'"" William Tcedte phone:631-251-6362 cell: 631-377-1132 Mar 2608P-t62 Conceptualeyes 831-251-8362 p.2 �I_..cam . . �:.. ti ;L PO so-W399 f�3CNY1147126 March 2008 MATown of SoutholdBOARD Zoning Board of Appeals Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold NY 11971 Sent by fax: 631-765-9064 Re: Ragusa#6138 Scheduled Hearing: March 27, 9:55 AM Dear Board Members, It's always difficult to have your first interaction with a neighbor in this manner, but having been long-time residents of Hyatt Road, we feel that its important to share our insights, experience and thoughts with the Board on this matter. We oppose the granting of a variance to place a pool and patio along the house line,just 24' from the bluff line for the following reasons. Several years ago, this same body considered a request for a pool on the bluff side of the house at 1900 Hyatt Road.After much discussion and visits to our and other neighbors' properties to see the fragility of the bluff and the erosion that has occurred firsthand, the Board voted 7-0 to deny the variance. In reaching this decision, the Board noted that to the east, less than 300'feet from the Ragusa property, the bluff has had a complete slide.And on other properties, like ours, the bluff line has receded dramatically over the years—our property losing over eight feet in the past 20 years. The Board also noted that the homeowner, at 1900 was aware of the 1 00' setback rules, chose to plaoe their house at the 100' mark and then build a large deck beyond that line and later try to put in a pool that they had anticipated building from day one. The Board noted that while it might consider a compromise should portions of the deck be removed so that the proposed pool and patio was no closer than 70 from the bluff line, the Board also stated that it would not allow any heavy equipment on the bluff side of the house should the pool be built due to the effect the weight of these machines and their disturbance of the ground might have on the bluff. In their final, unanimous decision against the application, the Board noted that in addition to the concerns about the stability of the bluff, the property owner also had other viable options to place the pool on the other side of the house without the need for a variance, Mar 28 08 1 a Conceptualsyes • 831-251 p.3 I'),: 40A h1 Page 2 We believe that many of the same elements exist here. The homeowners have already received a variance to extend the footprint of the existing house well within the setback and close to the bluff—something we would have voiced our opposition to had we known about that request. But in requesting that variance, why wasn't the pool included at that time so the Board could have understood the full scope of the intended project and impact? Even so, as a stand-alone request, there is no reason to further disturb this sensitive area so dose to the bluff. There is ample space on the Hyatt Road side of the house to place a pool that maintains privacy of the pool and the integrity of the bluff. Back when the older homes were built in this area, there was no setback as no one understood the importance of this ecosystem, the amount of erosion due to natural sources and how pressures of building, removing trees and leaf cover, and other disturbances can adversely affect not just the bluff on one property, but all of the properties along the bluff. But we know better today and should work towards minimizing negative impacts on the bluff. By permitting the building of a pool and patio just a scant 24' from the bluff line, you would be permitting excessive short-term disturbance and long-tern pressures on the bluff. Before making its decision, I invite the Board to walk the beach. See the spreading collapse just east of the Ragusa property. Visit our property and see how building pressures withing the 100' setback and the cutting of trees on either side of our property has caused ravines of water coming from those properties have added to our bluff erosion woes. As I began this letter, its difficult to have your first interaction with a new neighbor in this manner.And 1 will try to get time off from work to attend Thursday's session in person. However, we ask the Board to carefully consider not just the Ragusa's property in your decision, but the properties and rights of everyone in this community, and turn down this application. I'll close by sharing what a New York State DEC officer shared with residents of Hyatt Road several years ago when he and the Southold Town Bay Constable were inspecting the intrusions along and into the bluff. He addressed a small group of concerned residents and said, "You have to think of yourselves not just as property owners, but as trustees of this fragile ecosystem. You can see the bluff eroding and collapsing. Once it goes, irs gone forever. So do what you can to protect it and preserve it.And don't do it just for yourselves but do it for the community and for the wildlife it supports.And just don't think of today but think of preserving it for the future.' We ask the Board to take this all into consideration as you make a decision, because this decision will not only affect the bluff here, but in every similar place in Southold. Sincerely, William Toedt and Virginia Toedter 1800 Hyatt Road LIAR 2 6 2008 Southold, NY 11971 (A : Lt 6 Pr1 BOARD OF APPEALS j (AS- H4Qtlt Cacti . 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Shop l r a� er ab fi� euey b �1'� � ' �� . �quq`I ly rY o �nc- i I I V) OVA nu r Je, �!� r � cx�ae e�f N a �I � ti ' n Eh� i int th� c + c C)i Wis s - LW Vac I gUFFO(�- • Office Location: �0 62 Mailing Address: Town Annex/First Floor,North Fork Bank y Z 53095 Main Road 54375 Main Road(at Youngs Avenue) ^+ P.O. Box 1179 Southold, NY 11971 y �� Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: Fax a Date: TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCEn l� yam, ❑ URGENT ❑ FOR YOUR UPDATE ❑ PLEASE: cOn9MENT V AS REQUESTED ❑ __ ____ NOTESICOMMENTS: Please find attached copy/copies of the following: &'q/ �ta�tel, a o odo Thank you. Sender's Initials: Office Location: • O�QSUFFO(�-C • OGyMailing Address: o� p Town Annex/First Floor,North Fork Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) - • P.O. Box 1179 Southold, NY 11971 �y �! Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: Fax# �� V1�Oa� Date: TOTAL NO.OF PAGES IN UDING COVER: / /a 6 SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: 7-61 ❑URGENT EOR YOUR UPDATF ❑ PLIdASF,COMMENT ❑AS REQUESTED ❑ _ NOTES/COMMENTS: Please find attached copy/copies of the following: \ � .Ltc,R� ,PCpLcr 7,-,c3/9�10/ `f5"�At)�I�c�LaS ) z 2 � oPWs Thank you. o Sender's Initials: _ j- SUFFO(� • Office Location: Mailing Address: �\ Town Annex/First Floor,North Fork Bank C* "4 rn x 53095 Main Road 54375 Main Road(at Youngs Avenue) 0 ^+ P.O. Box 1179 \Southold, NY 11971 d �� Southold, NY 11971-0959 �yol � dao http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: ��1'/_9Y-63T ) Fax# -13-7 —"7 o of r Date. TOL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: Z64 � /3e ❑ URGENT P(EOR YOUR UPDATE ❑ PLEASE CONWEN'I ❑ AS REQUESTED ❑ NOTES/COMMENTS: Please find attached copy/copies of the following: S xa Thank you. Sender's Initials: _6— i gUFFO(�- Office Location: Mailing Address: Town Annex/First Floor,North Fork Bank o= va Z 53095 Main Road 54375 Main Road(at Youngs Avenue) 0 ^+ P.O. Box 1179 Southold, NY 11971Southold, NY 11971-0959 41ygol �ao� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: y / Fax# 77,/ 5�/ — 02 t4 Date: UTOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: ❑ URGENT ❑ FOR YOUR UPDATE ❑ PLEASE CODIDIENT V-7SS REQUESTED ❑ ---------------- NOTES/COMMENTS: ____ ________NOTES/COMMENTS: Please find attached copy/copies of die €e$ewing L Thank you. Sender's Initials: Office Location: OSOFFO[kC N. QG'y Mailing Address: Town Annex/First Floor, North Fork Bank G 53095 Main Road 54375 Main Road(at Youngs Avenue) • P.O. Box 1179 Southold, NY 11971 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631) 765-9064 FA ILE TRANSMITTAL SHEET TO: Fax# Date: U TOTAL NCO/.OF PAGES INCLUDING COVER: T SENDER'S TELEPHONE NUMBER: 765-1809(press 1 at voice recording) REFERENCE:: v moo 615 F ❑ URGENT ❑ FOR YOUR UPDATE ❑PLEASE COMMENT ❑ AS REQULSTLD ❑ _ NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: gUFFO(,�- Office Location: • \O �'OGy Mailing Address: Town Annex/First Floor,North Fork Bank y 53095 Main Road 54375 Main Road(at Youngs Avenue) 0 • P.O. Box 1179 Southold, NY 11971 y O� Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: Fax# �/ 7 Dat TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809(press 1 at voice recording) REFERENCE:: C-o ❑URGENT ❑ FOR YOUR UPDATE ❑ PLEASE COMMENT ❑AS REQUESTED ❑ NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: 517E PLAN ENLAR6ENENT a S 64°50'00" E 5 10 is z0 30 404s s ss 60 s\ s 421.40' o S ITE DATA I /I I I \\\\\ \ \\1 LAM AREA SCTM # 1000-50-01-06 I / 1 I III II I I EXI5TIN6 n O PROPERTY: 1600 HYATT ROAD / II II POOL 6ARA6E N ADDRESS SOUTHOLD, NY. I / I I I ea- 19W ET .- OWNER: CHERYL RAGUSA PAUL RAGUSA o II I I I EXISTING, _ _ 322 W 72 STREET m NEW YORK, NY. 10024 tL /// AREA \ bARA6E DRY IA FOR POOL SITE: 51,534 SQ. FT. = 1.183 ACRES 0. / \ W I / �\ - ZONING: R40 LONG ,SANITARY 515 Q LOT COVERAGE EXISTING: 6.5 ISLAND I W 0. EXIST. I Y I' I 1 EXISTING \ SE-MACK FOR I Q LOT COVERAGE PROPOSED: 9.3 % SOUND ~ Q j STAI 1 1 ' \ 1 RE5IDENGE POOLS O 15TIN& 5AIIIITARY SYSTEM TEPL�T ON SITE 5Y � SURVEYOR: NATHAN TAFT CORWIN III \ STI AS LOCA 992 ROANOKE AVENUE I I I I \ \ URAL TALE , JUNE b, 2008 RIVERHEAD, NY. 11901 \ \\ \\ \ E I LICENSE # 50467 DATED APRIL 18, 2004 W I \\ \\ \ ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM -� 7 LOCATION MAP Tinz i i i l 1 N 64°5/9'00" W j i t I I / 80 80 403.13 5 10 15 20 25 30 35 40 45 50 55 60 65 70 �5 , <7 SITE PLAN SCALE: 1 " = 20'-0" Eastern Rea cedar e-lo' Juniperus virglnlana roposed retaining xlsting retaining wall Plea ns ell' wall elsv +'I 10 Hollywood Juniper b- 1' htq 5 5 6p 65 70 76 76 74 73 72 71 Junlperue chi0nsnsls 'TOrulO ' Y UJ \ j \ - — DRYWELL OR POOL \ \ } 1 11 1 \ � / U- � \\ \ \\ \\ \\ � p Ghln�`e,s-J Wiper Varlstlee 8 W ' ht 1 i 1 n 76 \`Ic�wn \\ \ \\ \\ \\\ w \\ nl chlnensle 'varieties lawn v \ \ \ \\ m Im q5 i 11 I / � �5: ��\ — data\ 77 \ / +75 \ I I / - `-PARKING / m s 1?'x21' AT, \ 1 --- \ � -1 �, lawn 78 I new pool coping _ `\ EXISTING \\ \\ elev + q.O \ GARAGE \\ \ / 7 / NEW 5 to \\ lawn \ 11 / 7 1 "exlstl +50.0 \\ \\\ �LI basemen /J exlstM — window basement \ , 1 m / os door bo I 1 / Iwl XI5T \\ \\ \ lawn RE51�ENGE \\ --- I \ � A V A A l A I it 7Ctiif�i ll�na,'n I U \ \\ \ \ \ \ \ \ I I I v v v vv \ \V V V JON no FINAL MAP _;; REVIEWED BY ZBA FINAL MAP BA SEE DECISION # �I- 8 BY REVIEWED Z \ \ \ \ DATED n I I`20— SEE DECISION # ( 138 DATED-09 I-- I5 J V ' 1 \\ , - \`, URAL TALGAT o CAPE ARCHITECT TECT Sy\TE ''1 P LAN E N LA E M E\�V T LAND SCALE: 436 7th STREET- - 1" = 10'-0 \\\ GREENPORT, NEW YORK 11944 (631 8963 I 55 6p 65 70 75 80 81 82 83 83 82 81 gp 79 78 77 76 7s ' MdYJune 6$2008 50 E SITE PLAN ENLARGEMENT 41�1 qty S 64°50'00" E 421.40' SITE DATA co 0 L � LAN d m} AREA SCTM # 1000-50-0"6 EXISTING POOLGARAGE h PROPERTY: 1600 HYATT ROAD IbkZO' AT { b ADDRESS SOUTHOLD, NY. F'RA'M OWNER: CHERYL RAGUSA, PAUL RAGUSA LAM EXISTING I 322 W 72 STREET AREA GARAGE NEW YORK, NY. 10024 x O 0. H O _ SITE: 51,534 SQ. FT. = 1.183 ACRES LONG 0_ / ZONING: R40 J ANITARY YSTEM Q LOT COVERAGE EXISTING: 6.5 ISL?tND I w EXIST. BLUFF EXISTING SOUND SETBACK OR F d STAIRS p4 RESIDENCE / — 'I1�OlOLs O LOT COVERAGE PROPOSED: 9.3 lS /E STI E / \SANII ri1RY I SURVEYOR: 9 2TROANOKE AVENUE III I HAN RIVERHEAD, NY. 11901 \ I 4 DATED APRIL 18, 2004 Lu l I \ I / rRoar°A� a z BO - - M LOCATION MAP °a SITE P� z m N 64050'00" W 403.13' SITE PLAN — SCALE: I" = 20'-0" l *0 '"ed retaining xisting retaining wall \ wall elev +177.0 n / , _---- - - - - -m \ \ \ cfxII 111 Q 1IIILLLC / // in IaWn \ \ - \ \ \ �� `� � qy� xD } / / \ \ dawn J' � �1 / PROP05LD — / pow --,GU E s76'x20' ATS --- - ` _ — \ AREA \ / / —GRADE FAIID —— lawn -Room \\ \ \ \ poo coping �\ EXISTING \ elev +7q.0 \\ GARAGE Z Lu NEW SITE \` \ \ `\ lawn 1 �° 33'L'I"exlstl +50.0 \\ ID IL 2 - basemen \\ / J existin — window basement O M lass door \ I 0_ i // loor \I II I w0 I I Q I I \ '< EXISTING 1 I \ I \ \\ I lawn RESIDENCE II II \ I I FINAL MAP \\ \\ I \\ \ REVIEWED BY ZBA \ \\ \\ \ 11 \\ \ \ SEE DECISION # CDnB DATEDIL10_p0B \ esigB +_ f F tfo cl'ecr URAL TALGAT luARCHTECT III SITE III P LAN \F. N LAR(jEMENT_ LANDSCA EI ARCHITECT 111 I °0 SCALE: 1" =x'10'-01 / \\ 4367th STREET // GREENPORT, NEW YORK 11944 (631)477-8963 MARCH 19, 2008 0 m /,-GEE SITE PLAN ENLAR6EMENT S 64050'00" E WW 421'40' o SITE DATA LAIMIN N g� AREA V SCTM # 1000-60-0146 [Q I EXISTING O PROPERTY: 1600 HYATT ROAD LAWN POOL I 6ARA&E Ad y ADDRESS SOUTHOLD, NY. IU IU AREA I6k2o' I0 EXISTING I OWNER: 3CHERYL 22 W 72 STREET PAUL RAGUSA Z LAWN GARA6E NEW YORK, NY. 10024 O IL AREA IU SITE: 51,534 SO. FT. = 1.183 ACRES LONG z n' /-� ZONING: R-40 J Q O EXISTING / i- rSANITARY YSTEM Q LOT COVERAGE EXISTING: 6.5 % 1 SLAND I w � EXIST. BLUFF � SETBACK �OR O LOT COVERAGE PROPOSED: 9.3 % DOLS SOUND ~ Q STAIRS I p4 RESIDENCE / — X SURVEYOR: NATHAN TAFT CORWIN III l5 E 5TI / SANIT RY992 ROANOKE TE E /� I \SYSTEI � RIVERHEAD, NY.AVENUE901 / I � DATED APRI50467 18, 2004 W ► \ ` ��° M LOCATION MAP M o N 51TE � N T)iz N 64°50'00" W <� — 403.13' SITE PLAN SCALE: 1" = 20'-O" g � osed retaining xisting retaining wall ro ll elev +-".O Gy i °c 2 t� - - - -- - - - - - - - ---\\ \\ \ \\ \\ \ y n / PROPOSED \\\ \ / / - - - - "(SUNITrE \� \�- - - --- \\ \\\ \\\ 6I x2f�,\\ ---- \ A A -- MLA _- - .� i \ u / \\ '-10' $meq \ \ 5 / \\ EXISTING \ \\ pool coping = j \\ SARASE // „ - - - alq\ +'11.0 y \\ II \\ \\ _Z NEIN 5(Er5 \\ – Z 55--/ rexistin +50.0 \\ \\\ \\\ \ II 0 IL e?<11stlnq / g basemen \ J window basement \\ \ 1 I IA lass door \ II I I I IL i i door 1 1 I I w of 1 \ \ 1 \I F 11 I t`g�t� 1 I \\ 1 EXISTINS 1 li li O \� lawn RESIDENCE 11 I \\ I \ I Design C \ \ \ 1 11 1 1 \ URAL TALGAT a SIVE III P LAN : NLA EM ESIT ARCHITECT � > ° SCALE: 1" =�0'-01 LANDSCAPE ARCHITECT \ 436 7th STREET GREENPORT, NEW YORK 11944 (631)477-8963 m VIb 03 S$ ^ n ^ ^ N”' MARCH 19, 2008 0 m E SITE PLAN ENLARGEMENT 41 BO S 64050'00" E 421.40'LAHN a� SITE DATA 0 A Q m} SCTM # 100050-01.06 pRpppgEp EXISTING �pop� GARAGE ^ b� AROPERTY: 1600 HYATT ROAD DDRESS SOUT OLD, NY. IL OWNER: CHERYL RAGUSA, PAUL RAGUSA F z EXISTING I 322 W 72 STREET J LANM GARA6E NEW YORK, NY. 10024 0 AREA SITE: 51,534 SQ. FT. = 1.183 ACRES ZONING: R-40 LONG < w ANITARY YSTEM Q !- LOT COVERAGE EXISTING: 6.5 % ISLAND W � EXIST. BLUFF � � EXISTING / SETBACK oR SOUND F STAIRS I 4 RESIDENCE I )ROOLS O LOT COVERAGE PROPOSED: 9.3 3 _ L XIST�N6 f�/ I_ SANIT�IRY SURVEYOR; NATHAN TAFT AVENUE III TE E / \SYSTEIr1 RI RHEAD, E AVENUE RIVERHEAD, NY. 11901 I LICENSE# 50467 I DATED APRIL 18, 2004 Lu l I \ \ I FRONARD 2 — — cM LOCATION MAP coSITE �� N z _ m N 64050'00" W — 403.13' SITE PLAN ( SCALE: 1" = 20'-O" ropoaed retaln,ng xlet,ng retalning wall ca,. wall elev +'I'1.0 � •�C,�, �,� �6 < '- �'� �' s O -- - - -- - - - - -- - - - \ \ \ in 0, Ip / / lawnlawn / lawn PROPOSED 6U IN�TE - - - \ -- - \ `-PARKIN�i -A2�2' 2 _ - - - \ ARE EXISTINGpo \ GARAGE/ naw sl@ZNEW STE�°' 33'� "existlZ +SO \\ I O IL basemen ` exlstUl - wlndow basement door doorLL I \\I III I it Lu 1 \ EXISTING \ II \ II O lawn RESIDENCE 1 1 I \ \ \ I I \ \ I I Design D - . 7 URAL TALGAT N a 44 SITE , P LAK f. N LAR4 E M ESI T LANDSCARCHITECT APE ARCHITECT IU a0 SCALE: 1" =/10'-01 / \\ 4367th STREET GREENPORT, NEW YORK 11944 (631)477-8963 'C� g3 ati e n ^ ^ ^ MARCH 19, 2008 0 ro SITE PLAN ENLARGEMENT �y S 64050'00" E 421.40'LAM o SITE DATA 04 AREA �} SCTM # 1000.50-01-06 I1 i Roposw EXISTING OPROPERTY: 1600 HYATT ROAD IPL I GARAGE ' 4� ADDRESS SOUTHOLD, NY. WIL O Z 8k40' EXISTING I OWNER: 3CHERYL 22 W 72 STREET A, PAUL RAGUSA LAM GARAGE NEW YORK, NY. 10024 o o AREA W� Z � 0 _ SITE: 51,534 SO. FT. = 1.183 ACRES LONG z qa n- ZONING: R-40 J Q 0 ANITARYPYSTEM Q LOT COVERAGE EXISTING: 6.5 I GLANDI w k EXIST. BLUFF ' IDEXISTING �C SETBACK FOR Q LOT COVERAGE PROPOSED: 9.3 % 50UND ~ Q STAIRS a RESENCE / IZOOLS I Q 3 SURVEYOR: NATHAN TAFT CORWIN III SANITARYRSTI E SYS I 992E AVENUE RIVERHEADRHEAD, NY. 11901 I LICENSE# 50467 3 DATED APRIL 18, 2004 Lu l I \ \ I FRO � N �4RD M 2 — — —� , �' M LOCATION MAP CD --T z N 64°5077 W � 403.13' SITE PLAN SCALE: 111 = 20'-O" -proposed retaining oxfsting retalning wall wall elev 01- < c _ PROPOSED in n6 A^ + O �\ _ _ — �\ '-PA�R�KpIIN� EXISTING pool coping = j \ GARAGE -elgv +7q.O Z NEW SITE \ I \ \\ Z ° S '1-1°exlsti +80.0 2'- exlet►n _ basemen \ / I wlndow basement \ lit Sides door lY 0 I /� oor 1 1 I I U.1 J O e EXISTING \ II \ 11 V \\\\ lawn RESIDENCE \\ II \\ I I I I \ \ Design E URAL TALGAT ARCHITECT _QS�\TE II P L�►N N Lp►I � M ESI T LAND CAPE ARCHITECT SCALE: 1" -- 10'-07 / ` 436 7th STREET / \ GREENPORT, NEW YORK 11944 (631)477-8963 MARCH 19, 2008 0 m SITE PLAN ENLARGEMENT S S 64050'00" E 421.40' o SITE DATA r N*SR SCTM # 1000.50-01.06 m I PROPOSED EXISTING n OPROPERTY: 1600 HYATT ROAD �j POOL Ib'x31' 6AF:AGE N h ADDRESS SOUTHOLD, NY. FF J EXISTING OWNER: 322 W 72 STREET CHERYL A, PAUL RAGUSA m GARAGE NEWYORK, NY. 10024 F O O SITE: 51,534 SO. FT. = 1.183 ACRES LONG ZONING: R-40 J Q LOT COVERAGE EXISTING: 6.5 % ISL�tND I F STAIRS SOUND F ' EXISTINO RESIDENCE / / \ I O LOT COVERAGE PROPOSED: 9.3 % 4 SURVEYOR: 992 TROANO E AVENUE III U TE STI E O \ I RIVERHEAD, NY. 11901 LICENSE# 50467 W I \I /I FROG YARp 3 DATED APRIL 18, 2004 �, ► \` � z LOCATION MAP �- M SITE � N Z in <i N 64050'00" W — 403.13' � SITE PLAN ` SCALE: V = 20'-0" r-proposed retaining xI ting retaining wall V4011 elev +??.O �y , _-- - - - - - - - \ \ \ \\ \ U! Q lawn \\ \\\ \\Q \\ \ in p �p \\ \\ \ \ lawn / PROPOSED' \ \ sh2d' --6UNITE de \\-- - - lawn end POOL- ' en \ \ \ }9 Ib'x31' -- -- -- \ -PARK _ A naw pool c�pingD \ \ / elev + 741.0-\ -Room \ \\ `\ `\ EXISTING lawn \ / / \ GARAGE Z /NEW 5E ` \ Z _ ' +80.0 LL basemen \ I i exlstln — window basement \\ \ I II II Idoor cor 111 \ I I I I 111 I \ I I / 1\ 1\ I\ 1 I I 1 tag 11 \ EXISTING 1 1 \ lawn RESIDENCE Design F \ \ 1 II 1 I \ URAL TALGAT _ n Q d \\ Sy\TE Ili PLAN �E N LAF E M EDIT ARCHITECT LANDSCAPE ARCHITECT SCALE: V =/IW-0) / \\ 4367th STREET 1 \ — // / \ GREENPORT, NEW YORK 11944 / (631)477-8963 TOO March 19, 2008 0 LONG I BLAND SLUFF SEAOH SOUND EXI57IN6 EXISTING RE51 DENOE TERRAOE EXI57IN6 TOP OF GARAGE 8O BLUFF 75 PROPOSED - - - - - - - - - - - - - - - - - - - - - - - - - - - - POOL �O 7- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -0 65 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 65_ 4-1 60 6 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 55 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 55- 50 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -50_ 45 - - - - - - - - - - - - - - - - - - - - - - - - - - 45- - 40 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 40 35- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 30 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -�o- - - 25 25 20 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 20 �1 15 _ 15 TOE OF 10 10 BLUFF HIGH - - - - - - - - WATER 5 - - - - - - - - - - - - - - - - - - - 5- - - - - - - - - - - - - - - - - MARK 0 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SECTION THRU POOL RAGUSA RESIDENCE SCALE: 1 " = 10'-0" SOUTHOLD NEW YORK 5 / 27 / 08 U RAL TALGAT ARCHITECT LANDSCAPE ARCHITECT 436 7th STREET GREENPORT, NEW YORK 11944 (631)477-8963 May 2, 2008 SITE PLAN ENLARSEMENTao s S 64050'00" E 421.40' p SITE DATA NuiLf6 f SCTM # 1000-50-01-06 f — — EXISTINSPROPOSED PROPERTY: 1600 HYATT ROAD POOL 16'x516ARASE N b ADDRESS SOUTHOLD, NY. OW 1L = OWNER: CHERYL RAGUSA, PAUL RAGUSA H z EXISTING I 322 W 72 STREET J PROPOSED GARAGE NEW YORK, NY. 10024 TERRACE O I U F OSITE: 51,534 SQ. FT. = 1.183 ACRES LONG ] I 20NING: Rao a o I Q I SL,4ND I W 0. EXIST. BLUFF LOT COVERAGE EXISTING: 6.5 % J EXISTING 4 LOT COVERAGE PROPOSED: 9.3 SOUND 4 STAIRS RESIDENCE 3I I W SURVEYOR: NATHAN TAFT CORWIN III 992 ROANOKE AVENUE E STI E IRIVERHEAD, NY. 11901 LICENSE# 50467 DATED APRIL 16, 2004 i INOYARD x LOCATION MAP co co J �7 04 I } I 4 N 64050'006' W � 403.13' SITE PLAN SCALE: I" = 20'-0" r—proposed 4 ft high eons retaining wall 01 2 c c x / ——— — - - - - _ 1u.I dawn d / \ lawn ' PROPOSED" shat - &UNITE dee�y - - - - \ lawn 'end POdL end 32'-511 /' 16x31' -- - \ -P RK naw - ROOM \ \ e \\ EXISTING \ / (GARAGE `\ ` Lu /' \ I \ Z Z ' plont* \\ II I existing ' basemen -- q window basement \ i w Moor door iL // EXISTING lu \ � \ °+ EXISTING I\ III II Olawn RESIDENCE \\ I I I \ \ I I I I \ (d PppEP�' \+ URAL TALGAT b a SITE 1 E P LAN-1� N LAFkl E M EN T ARCHITECT LANDSCAPE ARCHITECT SCALE: I•• =/'10'-0) \ 4367th STREET GREENPORT, NEW YORK 11944 (631)477-6963 DECEMBER 18, 2007 0 m V � I LL J _ O O zS. 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