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ya~0n Rd. Peconlc, NY 111 Jean C. Pie 1 land ~3361 .... Variance to re-~divide lots which proaently ' exzst wzth ~ hou~- ~to tw9 lots nearly e~al Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 5OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Application of JEAN C. HOLLAND-LONGNECKER for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of proposed Parcels A and B having insufficient area and width. Location of Property: Sunset Road, Beach Lane, and Lowland Road, at Nassau Point Map Section C, Lots 327 and 328, and Walter Grabie Map, Lots 36 and 37; Cutchogue, NY; County Tax Map Parcel No. 1000-111-10-18, 1, and 2. WHEREAS, a public hearing was held on August 18, 1988, and on October 6, 1988, all submissions were officially accepted and the file officially concluded; and WHEREAS, at said hearing all those who desired to be heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board made the following findings of fact: 1. The properties in question are located along Beach Lane, Meadow Lane, Lowland Road and Sunset Road, at Nassau Point, Hamlet of Cutchogue, Town of Southold, County of Suffolk, and are identified on the Suffolk County Tax Maps as District 1000, Section 111, Block 10, Lot #1 and Lot #18. 2. The properties in question are further identified as follows: (a) Lot #327 and ~328 on the "Amended Map A of Nassau Point, filed August 16, 1922 as Suffolk County Map No. 156; and (b) Lots No. 36 and 37 on the "Map of Property of Walter C. Grabie filed April 19, 1938 as Suffolk County MaD No. 1257. Both subdivision maps are listed under Section 100-12 of the Zoning Code "Exceptions" as to lot area and width requirements as enacted by the Southold Town Board by Local Law Amendments October 30, 1973. Page 2 - Appeal No. 3751 M~tter of JEAN C. HOLLAND-LONGNECKER Decision Rendered November 16, 1988 3. By this application, appellant requests Variances from the Zoning Code, Article III, Section 100-31, Bulk Schedule, for approval of the insufficient area and width of two parcels in this proposed re-division of land and the insufficient setback of the existing dwelling from the relocated division line (to the south), all as more particularly shown on the Survey Map prepared by Roderick VanTuyl, P.C. dated June 29, 1987: (a) Parcel A with a total of 61,525+- square feet, inclusive of the improved dwelling parcel and section of land located opposite Lowland Road referred to as Lot 37 (both of 55,660 sq. ft. and 5865 sq. ft., respectively); (b) Parcel B with a total of 55,242+- square feet, inclusive of the vacant parcel and the section of land located opposite Lowland Road referred to as Lot #36 (both of 40,000 sq. ft. and 15,242 sq. ft., respectively; (c) insufficient setback of the existing dwelling to the proposed re-division line at four feet at its closest point. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 square feet (eff. 5/83), lot width (or street frontage) of 175 feet, minimum sideyard at 20 feet, and minimum rearyard at 50 feet. 5. Article III, Section 100-12, as amended 10/30/73 by the Southold Town Board by Local Law No. 5-1973, excepted the Map of "Nassau Point" from the lot area and lot width requirements of the Zoning Code. 6. For the record, it is noted that the applicant acquired the subject premises July 17, 1967. Since that time, several building permits have been applied for and issued permitting substantial renovations and enlargement of the dwelling on these two lots, jointly. 7. Also noted for the record are: (a) Board of Appeals action rendered November 29, 1984 under Appeal No. 3230; (b) Board of Appeals action rendered June 19, 1985 under Appeal No. 3361; (c) N.Y.S. Department of Environmental Conservation Permit 910-84-0678; (d) Suffolk County Health Department approval dated April 6, 1988 pursuant to a Board of Review Determination made March 7, 1988, with reference to the subject premises. 8. A Declaration of Covenants and Restrictions has been previously submitted in legal form, which restricts all structures, buildings or dwelling(s) of any kind, except docks, bulkheads, rip-rap and similar accessory structures as permitted by codes, upon Lots 36 and 37, Map of Walter C. Grabie, located along the west side of Lowland Road (opposite the upland parcel) which document is required to be filed and recorded in the Office of the County Clerk. Page 3 - Appeal No. 3751 · M~tter of JEAN C. HOLLAND-LONGNECKER Decision Rendered November 16, 1988 9. The lots within District 1000, Section 111, Block 10, (in the immediate area of the subject premises) are shown by the current deeds to: (a) consist of two subdivision lots #329 and 330 within Lot 417, for a total area of 2.3+- acres; (b) consist of one subdivision lot 4331 within Lot 416 for a total area of 1.1+- acres; (c) consist of one subdivision lot 4332 within Lot 415 for a total area of 1.4+- acres; (d) consist of one subdivision lot for Lot 419, for a total area of 1.0+- acre; (e) consist of one subdivision lot for Lot 420, for a total area of 1.0+- acre. The lot area resulting by the alteration of the lot line as submitted is not out of character with a majority of the lots within the immediate block. 10. In considering this appeal, the Board also finds and determines: (a) the restriction as applied to his land does impose sufficient practical difficulties if the variance is denied; (b) the relief requested is not substantial in relation to the area requirements as excepted by the Town Board under Section 100-12 of the Zoning Code, although otherwise substantial in relation to the minimum lot-area requirement under Section 100-31, Bulk Schedule, of the Zoning Code; (c) that the circumstances are unique to the property and are not shared by other properties in the neighborhood; (d) there will not be an adverse effect of increased dwelling density thus produced on available governmental facilities; (e) there will not be a substantial change in the character of the area for the reasons noted previously; (f) that the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance, with the exception of relocating the existing dwelling building; (g) that there will n~t be a detriment to adjoining properties; (h) that in considering all the above factors, the interests of justice will be served by the grant of the relief requested, as conditionally noted below; (i) that the record is not sufficient to substantiate as required in the standards set by the Courts a denial of this application {Matters of Cowan v. Kern 41 N.Y. 2d 591; Fulling v. Palumbo, 21 N.Y. 2d 30; etc.). Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief as requested in the Matter of JEAN HOLLAND-LONGNECKER under Appeal No. 3751, SUBJECT TO THE FOLLOWING CONDITIONS: Page 4 - Appeal No. 3751 M~tter of JEAN C. HOLLAND-LONGNECKER Decision Rendered November 16, 19~8 1. There be no further encroachment by building construction within 20 feet of the new division line on Lot B (to the south); 2. There be no further encroachment by building construction between existing dwelling and the southerly property line on Lot A (at any point); 3. Declaration of Covenants and Restrictions be prepared by applicant's attorney in legal form, to be executed, notarized, and recorded in the Office of the Suffolk County Clerk, with copies to be furnished for the Board of Appeals record, restricting the above-referred Lots 936 and #37 from any construction of buildings or structures (with the exception of bulkhead, ramps, rip-rap or similar structures). 4. The lot area for Parcel A include the area from the lowland section (Lot #37), as applied, for a total area of 61,525 sq. ft. {55,660 + 5865 sq. ft.}; 5. The lot area for Parcel B include the area from the lowland section (Lot #36), as applied, for a total area of 55,242 sq. ft. {40,000 + 15,242 sq. ft.}. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, and Sawicki. (Member Dinizio abstained due to the fact that his effective date of appointment as a Board Member was subsequent to the hearing and filing of the application.) {Member Grigonis was absent (out-of-state)}. This resolution was duly adopted. lk CHAIRMAN , -".CEIYED AND FILED BY TIiE SOUTiiOLD TOV/N CLL~I( Town C!crk, Town of Southold Southold Town Board of Appeals MAIN RnAD- STATE RnAD 25 BnUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH N. SAWICKI September 21, 1988 Mr. W.S. Gardner Nassau Point Property Owners Assn. Box 975 Cutchogue, NY 11935 Re: Appeal No. 3751 - Jean C. Holland-Longnecker Variance Dear Mr. Gardner: This letter Will confirm that you are in receipt of Anthony B. Tohill's letters dated September 2, 1988 and September 6, 1988 and our August 18, 1988 hearing transcript; and that a response to those items referred to in his letter is to be expected later this week. The Board will be in a position on October 6, 1988 to adopt a resolution concluding the written part of the hearing. The verbatim part of the hearing, as you know, was concluded on August 18, 1988 and therefore will not be continued for verbal testimony. ~ A copy of this letter is simultaneously being sent to Mr. Robert Feger, who you have indicated may be preparing the response. lk CC: Mr. Robert Feger Nassau Point Road Cutchogue, NY 11935 TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS AUGUST 18, 1988 Appeal No. 3751 Matter of JEAN C. HOLLAND-LONGNECKER Location of Property: Sunset Road, Beach Lane, and Lowland Road at Nassau Point, Cutchogue County Tax Map ID No. 1000-111-10-18, 1 and 2. Board Members Present: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr., and Joseph H. Sawicki. Absent was: Member Doyen of Fishers Island (due to family illness). Also present was the Assistant to the Board, Linda Kowalski, the Applicants, the Applicants' Attorney, Anthony B. Tohill, P.C. and approximately 80 persons in the audience. The Chairman opened the hearing at 8:05 p.m. and read the notice of hearing as published in the official newspapers of the town. CHAIRMAN GOEHRINGER: And we have a survey, most recent date June 29, 1987 indicating Lot 9327 of approximately 47,500 sq. ft. without Lot # 36, which is on the other side of Lowland Road, and Lot #328, which is Parcel B, approximately 40,000 sq. ft., again without the lot on the other side of the road. And I have a copy of the Suffolk County Tax Map indicating this property and the properties in the surrounding area. Would you like to be heard, Mr. Tohill? ANTHONY B. TOHILL, ESQ.: My name is Anthony B. Tohill, and I'm an Attorney with Offices at 12 First Street in Riverhead, and I represent the applicant before the Board this evening. And as you earlier indicated, this is an application for a resubdivision of Lots 327 and 328 on the Nassau Point Subdivision Map filed in the Suffolk County Clerk's Office in 1922. ~=It of the new subdivision process is the attachment, I believe, historically, at the Board's suggestion, of the two seaward small, unbuildable parcels across Lowland Road with each of the upland parcels. This process began on December 9, 1983, when Mr. Lessard rendered a ~otice of Disapproval to the property owner indicating that in 'Page ~ ~ matter of Jean C. land/Longnecker Transcript of Hearing - August 18, 1988 his opinion, the parcels had merged. I'm not sure that Mr. Lessard was then correct, or would be correct today, to the extent that 100-112 of the Zoning Code would appear to except this subdivision map as to lot area and width requirements under the language of the Zoning Ordinance, and 100-31, adopted in 1983, or at least Subdivision b of that subsection of the law, would appear to continue that exception% And that was done by design, but that's the plain reading of the Ordinance, therefore, the property owner, during 1983, when the Board will remember, there were a flurry of local laws dealing with upzoning in the Town generally, one adopted in the Spring and one adopted in the Fall, later to become 100-31 and 100-31.1 of the Zoning Ordinance--the property owner had two alternatives: 1, either to agree with Mr. Lessard and come here and attempt a set-off, which they're doing, or 2., I believe they have the option of moving the house that straddles the line between 327 and 328, as a result of which they would have probably fallen back within 100-12 as one of the exceptions. As I mentioned, they chose to come here, and by appeal 3230, decided on December 5, 1984, the Board denied the application. The reason for the denial as stressed in that determination is that the Board did not like the series of lines, the multiple lines, that were used to divide 326 and 327. The Map, and I think everybody would agree, appeared to be too busy, too many lines, and not following the sense of expectations with respect as to how a line would be drawn to divide two lots, certainly wasn't consistent with the original 1922 subdivision map, and so as a result, the Board said, "this is a denial without prejudice to a new drawing." Thereafter, and under Appeal 3361, a further appeal was made to the Board, a line was redrawn, the line is essentially the way it is tonight, and at that time the Board highlighted in its denial, again without prejudice, that there was some concern for water quality in that particular area, that that concern had been expressed by the Nassau Point Property Owners Association, that had filed a written letter of protest as part of the proceedings, and so the Board at that time and on June 27, 1985, denied the application without prejudice to resubmission until the applicant were able to obtain Suffolk County Health Department approval with respect to the sanitary systems and water-supply system on the parcel, in other words, with~respect to the subdivision. On March 7, 1988, after effort that reminds me of that gentleman's zillions steps to obtain the approval of municipal government, the property owner was able to obtain after a Board of Review hearing, a determination from the Health Department, which says that they will approve the subdivision and the sole condition of the approval of the subdivision is that those two lots seaward of Lowland end up merged effectively with the two lots landward of Lowland. I have here in my hand and will hand up as part of the proceeding tonight both the letter of the Health Department approving that and an original signed copy of the subdivision map that's before the Board tonight which bears the original stamp '~age~ ~ Matter of Jean C. land/Longnecker Transcript of Hearing - August 18, 1988 and signature of Aldo Andrioli of the Suffolk County Health Department approving this subdivision as it stands before the Board tonight. In addition to the Suffolk County Health Department approval, we also have the approval for this subdivision as it appears before the Board tonight from the N.Y.S. Department of Environmental Conservation; and that approval continues to be in place. It has been in place right now three and one-half years, and still in place expiring at the end of this year, at which time it is going to be renewed by the Department of Conservation again. I also have in my hand, and I'm going to hand up as part of this proceeding tonight, a copy of the Suffolk County Tax Map which shows the subject parcel and shows the area of the four lots as well as Lowland Road. The intention of handing up the subdivision map is to make clear a nualber of points. One, the character of the area is established by the Tax Map. People can write letters to the Board all they wish but the character of the area is established by the Tax Map. That's what the Supreme Court of the State of New York has ruled on, repeated occasions, and we will stand with the character of that area as it is set forth on this tax map, and there is simply no question that to the naked eye, not to a surveyor's eye, the parcels that we're talking abo~t, all four an constituted together, are somewhat out of place with the original scheme of the 1922 subdivision map, mapped with its various (changed tape) ( ). The Board has received, and I assume it's part of the record, a letter which was not delivered to us, by the writer, a Peter J. Stahel, but was kindly sent on to us by the Board, and we've had an opportunity to review it. The letter is dated August 16, 1988, and it makes a number of statements with respect to this application, which I'd like to comment upon. The first statement is that somehow we have misrepresented any intention of building on the set-off parcel, on the new parcel, or at least the short or long term of a building intention. We've been before the Town of Southold since December 1983. We had no intention in 1983 of building, and we have no intention in 1988 of building, and we came to the Town because in that year, as everybody will remember, there was a great deal ~ activity in this building with respect to upzoning and changing what people perceive to be their rights with respect to vacant lots adjoining existing houses. That's why we came. That's why we're here. That's why we are pursuing what we perceive to be our rights, but we have no intention of engaging any builder or any lumber company or anyone else to build a.f4ot on which we hope will be the vacant lot as a result of tonight's proceeding. So I don't know where Mr. Stahel got his information, but it wasn't from us or anybody who has personal knowledge of anything. It's ne~s to us. 'Page ~ ~ol Matter of Jean c. land/Longnecker Transcript of Hearing - August 18, 1988 The second problem is that Mr. Stahel is raising the point that there are water problems in the area, and he wishes to obtain with respect to the salinity intrusion. I am going to hand up and make part of the proceedings here tonight the Suffolk County Health Department records, which include a report dated July 14, 1987 from Peter Acryss, which says that our water quality is acceptable under N.Y.S. and Suffolk County Health Department standards. ~ I'm also going to hand up and make part of the record here tonight a complete water sample, including the location of the test well, including the chemical examination of the water by the Suffolk County Health Department on June 12, 1987 and including a trace organic analysis of the water, all as a result of which the Suffolk County Health Department ought to know something about water quality, as said that the water quality on our property is completely acceptable under current, legal standards. Now, the third question that Mr. Stahel raises is that "Mrs. Holland has self-created her hardship. She self-created her hardship by buying a parcel of land where the house that's already on the two lots straddles and is too close to the southerly line of the northerly of the two parcels." I'm going to hand up and make up part of the record here tonight a copy of the deed in 1967 into Mrs. Holland. That's a few more years than Mr. Stahel, who in his letter says that he just bought in the area 18 months ago. That's three years after we started this process of getting to the zillion that that gentleman mentioned of getting our approval for our set-off. Also, in addition to that deed, I'm going to hand up and make a part of the record a true copy -- I have the original in my file here tonight if the Board or anybody else wishes to see it, this is a true copy of an amendment to the Nassau Point covenants under which they recite that the house on these two parcels was built too close to the southerly line of the northerly most parcel, and so the original subdivider of all of that land assigned his name on this document in 1959 saying that this parcel, 327 and 328, so far as the Nassau Point Club Properties, Inc. is concerned, the subdivide of the property, may have two houses on 327 and 328. So I don't know again what research Mr. Stahel has done, but I suggest that if he checks the Suffolk County Clerk's Office he is going to find that document, and if he had bothered to check this town's records, he'll find that that document was handed up as long ago as 1984 to this Board's part of earlier proceedings here. The next point that makes this, that there is something that he calls parcelization. I didn't look that up in the dictionary, but I have a fair understanding of what he is trying to say. He says that he does not like--that those two lots, the small lots that are unbuildable, on the seaward side of Lowland, are somehow going to become part of the landward lots--the larger of the two lots. To be honest with you, I'm not sure that the gentleman understands the direction he is arguing in. If the Board doesn't '~age~- H~ Matter of Jean C. land/Longnecker Transcript of Hearing - August 18, 1988 want those two lots- to become unbuildable, either by a larger lot easement, or prohibition, by covenant, or by any other means, a merger condition--however it is done, if this Board doesn't want that, then that's the way it is going to be. I don't remember that my client bought that particular proposal. My understanding, the history will show, that the Board suggested that that is a fair way of avoiding criticism because the.two parcels are on the other side of the road. The argument was also made some years ago, that the merger of the two parcels on the seaward side with the landward side would somehow eliminate the access of people along Lowland Road to the extent that it existed. That's absolutely not possible and not the intention, and if somebody wants that in writing, they'll have it. The next point is that Mr. Stahel objects that the two parcels somehow are not going to be characteristic of the area and he points up that his parcel is 0.7 acre(s). I'm not sure what the gentleman is trying to say again, but 0.7 acre(s) is less than 40,000 sq. ft. and the size of the two parcels here is 40,000 sq. ft., without reference to the seaward side of Lowland Road. The final opinion, and now I think we get to Mr. Stahel's point, is that Mr. Stahel says that in the 18 months that he has bought this property and lived on it, he has come to enjoy looking across Mrs. Holland's property and he enjoys the view to the water, and he would like that view to the water to remain. And he would like it, I think, on our back, and without opening his checkbook. And I know that the Board is not here to see that he has some kind of a visual easement across our property, and so I assume that's not the kind of thing that's going to cause any problem. And the second letter again, we did not get a copy of it, but kindly the Clerk of the Board sent a copy to us. It's from the Nassau Point Property Owners' Association. I'll confess that like Mrs. Maguire, who expressed some impatience before with the style of the Nassau Point Proper~y Owners' Association, my stomach, with its stomach acid that sometimes habits my stomach, generally had a reaction to the Nassau Point Property Owners' Association as expressed in this letter. The first point is that they are raising a question in the first paragraph of their comments with respect to salt-water intrusion. My clients spent a lot of money obtaining the Health Department's approval. They had to have a test hole dug. They had to have a test well drilled. They had to have a series of water samples taken. They had to pay VanTuyl and Son a lot of money. They had to pay me a lot of money. They had to attent a public hearing at the Suffolk County Center conducted by the Board of Review of the Suffolk County Health Department, and as a result of that process, which involved the analysis of people who have some knowledge, I understand, with respect to water quality, ~atter of Jean C. land/Longnecker Transcript of Hearing - August 18, 1988 they received the approval of that agency that this Board in the last decision on this application said ought to be the ones to speak to the issue. Having spoken to the issue, I think that we should all stand, and I submit that we're required to stand on what that Health Department said. The second point is that this group again objects to the merger of the two small unbuildable parcels on the sealand side of Lowland Road. Now, again, I don't understand why anybody would object to making those parcels permanently unbuildable in any way at all. If I owned property adjacent to those parcels as the Nassau Point Property Owners Association does, I would be here asking you to please make that the result of any determination. They're not. I don't understand. We'll do whatever the Board says. The next point is that you should not grant this application because Mrs. Holland is sitting here to my left upon her husband's death moved out of the home onto Vanston Road. I find that really petty. I find it suggestive of an indifference as to what should concern us seriously here tonight. If everybody is here as a property owner, and the measure of our involvement is contained in this book, and in the zoning ordinance, and in the hours of effort of this Board, with no fat paychecks at the end of the year, then I think that that is the limit of the comment. And if it makes sense within the regulatory scheme whether or not she lives on Vanston Road and chooses to avoid some memories in a house in which her husband died, then the answer is none of the Property Owners Association's business. It's none of my business. It's nobody's business. The next point is that they say we cannot demonstrate hardship. I have no quarrel with this one. Hardship is not the standard legally. We're simply following the forum of the Zoning Board, and the Zoning Board I'm sure understands that. The standard here is at best, practical difficulty, and it may not even be that. This is a resubdivision, at best, of merged parcels and not more. The next point that they make is that they created our own difficulties by straddling the line and coming close-to ~J~ straddling the line. It's the same point that Mr. Stahel made and anybody can check the Suffolk County Clerk's Office and find that covenant from the Nassau Point subdivider saying that that simply is not the case and that it was the Nassau Point subdivider's intention by that document to amend the covenants to Nassau Point so that 327 and 328 notwithstand?~ng that house been so close to that southerly line and have two houses on it. The next point was a variation on Mrs. Holland's place of residence. We now have on page three an analysis by Mr. Feaker of~Mrs. Holland's tax return. Page 7 Matter of Jean ~Holland/Longnecker Transcript of Hearing - August 18, 1988 MR. TOHILL, continued: I don't think that he's seen that tax return. I know that as a professional, I have training fn the preparation-of tax returns and I know that I respect the process enough not to babble at the mouth of things like that. So I would respectfully request that the Board disregard any comment about Ms. Holland's tax return to the extent that they absolutely are made entirely out . of context Assuming that they had any relevance under ~/ that book or what the Trustees have adopted or the Town-Board has adopted as regulations in this municipality. The final point they make is that if ygu were to approve this application, you would open the flood gates. That's the exact expression, that's the exact words used. I haven't seen it in writing for a number of years but you will open the flood gates. We've been here in this building since December of 1983 trying to get this application approved. We've been to the D.E%C. We've been to the Health Department. We've spent more time in Mr. VanTuyl's office than we care to report to you. I don't think this Board can report that the flood gates have been open and I know that we're not reporting to you that the flood gates have been open. And if anybody wants to go through what that gentleman has de- scribed as a zillion steps, then they're welcome to try to do it and they can have a lawyer in their vest pocket, Mr. VanTuyl in their vest pocket and hydrologists all over their property too. But nothing that i know of in the Town of $outhold requires this many regulatory approvals is going to open any flood gates unless the participant who wishes to enter was just born yester- day and I'm certain there's noodle a£ouhdi~n 'that ~on~ition. As part of the record, I'm going to hand up at this time the mailing re- ceipts all attached and in order, a copy of Mr. Lessard's notice of disapproval of December 8, 1983, the copy of your determination of number 32-30, a copy of your determination number 33-61, a copy of Mr. Villa's letter dated March 7, 1988. He is of course as you know, the Suffolk County Health Department Chairman of the Board of'Review approving this application. I'm handing up an original signed copy of the subdivision map signed by Mr. Andrioli. I'm handing up a copy of our original D.E.C. permit with a current letter of extension approval. I'm handing up an amitated copy of the Suffolk County Tax Map. I'm handing up a report of the Suffolk County Health Department dated July 14, 1987. i'm handing up a four page, all of the water test results from the Suffolk County Health Department. I'm handing up a copy of our deed re- corded at Liber 6, 187 page 439. I'm handing up an amendment of the Nassau Point Property Inc. covenants and restrictions dated September 15, 1959. Mr. Chairman, I have received Valerie Sco- pazzi's note to you tonight. I was looking in my file to find the Planning Board's comments the last time this came through be- cause they did comment. The notion that the hearing should be held open because they have nothing under Mrs. Holland's various names. It was not, in my opinion, a basis to hold the record open. The application has been here for some time now and I think there was adequate opportunity for the Planner to comment. And of course, if they had a problem of finding the record, they could have called me and I could have sent to them a copy of their file for the last three and a half to four years. So to be honest with you, if there was a basis for holding open, I'd be the first to jump in and say ~. hold it open. But I don't find that this is a basis for holding it Open.and I think that therefore the record should be closed. Page 8 Matter of Jean C. ./Longnecker Transcript of Hearing - August I8, 19~8 In summation, I think that we're here standing by all of the offers and assurances that we have made to you in the past with respect to complying with any 6ondition that would permit the property to be restored to its original subdivision status. If that means that there would be a covenant prohibiting any further development of those seaward parcels, that is fine. If you wish to have a large .~ lot easement, that's fine. However y0u wish to have it written or however the Town Attorney .wishes to have it writte ~ is acceptable to us. The applicant has now at this point, taken every st~p that it can and that it has been asked to take and we're respectfully requesting that after this long haul and all these different agencies, that we be p~rmitted to look a~ that vacant parcel as a sepa~ate~parcel as it was originally planned. Thank you. CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak in favor of this application? Anybody like to speak ~gainst the ap- plication? Sir, would you kindly state your name for the record. GRANI HARRISON: I'm the owner of lots 329, 330 just south of the pe- tition's lots; 327 and 328 and I also own lot 34 and 33 on Meadow Beach. As was stated, in recent annual meetings of the Nassau Point Property Owners Association ahd included in the Southold Water Ad- visory Committee Report, our water supply including Nassau Point, is in jeopardy and conservation measures have been suggested. I feel that increasing the number of building lots on Nassau Point would therefore be in the least general interest and would further infringe on a fragile water system. The property parallel to the Holland property along the bluff overlooking the Meadow Beach are all of simi- liar size and configuration. And like the Holland property, contain a single multi-story dwelling. These are from the Suffolk County Tax Map; 104, 107, 118 and 119. Lots 319, 320, 321 owned by Bert Lewis, lots 327 and 328 owned by the Hollands, lots 329 and 330 are owned by the Harrisons, lots 331 owned by Blair. And lot 332 which is unde- veloped. The only other properties in the immediate vicinity are not only land locked but are considerably smalle~ in size aRd configura- tion. Each of which however, has a greater than one foot frontage, 100 foot frontage. These parcels each contain a single-story build- ing. These lots include lots; 322 owned by the McLaughlins, lots 323 owned by the Stahels, lots 326 owned~by the Longneckers, lot 326A owned by the Behans and lot 324 which is undeveloped. I therefore, feel that these smaller propertigs are not preferrable to the Holland property. The requested change would actually create a building lot of less than 100 foot frontage. The requested change in my opinion would not create two oversized parcels as he stated but one undersized and one oversized parcel and would definitely offend the character of the neighborhood and do substantial injustice to the neighbors. As stated in the applicant's proposed lots, would not be nearly twice as large as the other lots in the immediate vicinity. It is obvious that I am strongly opposed to this petition. CHAIRMAN GOEHRINGER: Thank you sir. Is there anybody else who would like to speak against the application? Mr. Gardener. Page 9 Matter of Jean C.I ~lland/Longnecker Transcript of Hearing - August 18, 1988 MR. GARDENER. I'm with the Nassau Point Property Owners Associa- tion but not in any office. But I did some research on this. I' was going into your office, Linda gave me a request for a variance. And I looked it over and talked to some people who knew a lot more about the situation than I did. And this was the only thing we had to go on which was a request for a variance. Shouldn't we depend on the accuracy of this or the statements that are made in this statement~ Now all the papers are being put in tonight..~ CHAIRMAN GOEHRINGER: Are you referring to the application,.Mr. Gardener? MR. GARDENER: Yes, with the map. CHAIRMAN GOEHRINGER: This is for this particular hearing and not the prior hearing? MR. GARDENER: I have something about the prior hearing stated. But this is'on this hearing. This is the appplication with the map that they propose with their reasons for getting the variance. Now, am I not correct that my f~iends in the association, are we not correct that we should rely on this wording and this map to make our statement? CHAIRMAN GOEHRINGER: I would assume so. MR. GARDENER: That was our assumption too. Now, there are many errors in this. The lawyer says that they got a good report on the water. Well, that's fine right now but we know we have salt water intrusion on Nassau Point. You get a couple of years of drought, that water that was fine in many places on Nassau Point is not going to be fine. It's happened before. The head of the Water Auth6rity, Frank Baerden, he recognized it. He's an authority. So we quote that. Also, it said that the lots are not the way they appeared on the map. How are we supposed to know that? This is what we were given to read, to look at and comment on. The present house is a straddle'of the line that's on this map, the lot line that's on th~s map. Certainly the predecessor put it too close. He put it right on the line. Somebody put it right on the line. That some- body indicated that he wanted to keep those two lots as one parcel of property. So we thought we had to call attention to that because that's what was in this document. And it says that the huge parcel is a burden on the owner. Now, the only talk we have tonight is they want to divide it in to two properties but they're not going to do anything with the other one. How is that going to ease the burden? The only way they're going to ease the burden is to sell that property with the house on it, to sell the new redeveloped or newly reorganized lot~if~you grant the variance or to sell the whole piece of property. We say if there's a hardship, sell the whole piece of property. The reason the tax figures are in here is we show you that the tax cost and that's the only thing it is is the tax cost on that newly set off piece 6f property averages thirty dollars a month and that's not a hardship. Another point here that this hardship is unique. It's not shared by all properties in the immediate vicinity because the appli- cant's proposed lots are twice as large as the other lot's markers ~. in the'immediate vicinity. Now, the immediate vicinity always means to me next door. Sure there are some small lots. When Nassau Point Page 10 Matter of Jean C olland/Longnecker Transcript of Hearing - August 18, 1988 was organized, the inland lots were made small. But the other lots have been kept large. We have in the immediate vicinity, lots from three acres to twelve acres. They're in the immediate vicinity. This proposal says their lots are going to be twice as large as any other lots. We have to call attention to that fact. That's our job. That's why we've made directors of Nassau Point Association., I can't say any more. I haven't read all those papers. I haven't had an opportunity to. This is what I'worked on with my f~ie~ds and I think they should be allowed to justify working on ~t, on just his property, this piece because this was the only thing we had available. Thank you. CHAIR{AN GOEHRINGER: Thank you Mr. Gardener. M~'am you had a question or a statement. Could ~ ask you to use the mike, I should have asked Mr. Gardener, and kindly state your name. MRS? M^RYBSkk C^R~ listened to the Nassau Point Association criticize tonight, down talk tonight these people. These people receive no fee. They receive no compensation. They do it in their spare time and they're bus~ people. They have a civic feeling and duty to respohd to the needs of the area. It maybe true that the water now runs fine. And as far as the water peo~l~ are concerned, the water is there. It's so far from the Bay or the Cove in spots. But they do not look at the overall picture. And the overall pic- ture is that Nassau Point has a very very fragile aquifer. One more house here, another house there, we are already over the num- ber of houses we should have on Nassau Point at this point. Please stop the bleeding. We need to conserve our water and see that all of use live together with an adequate amount. And there is saline intrusion. We know. Thank you. CHAIP~AN GOEHRINGER: Thank you. MR. J0$EPH 85RS[R : I'm on the Board of Directors. Oh~ of my is water. This passed week I've had two complaints. People call me, what can I do for them? They are getting salt water up not in this area where this lady is concerned but on the east side of Nassau Point. They can't use the water. He's getting salt water. He's got a house that's worth $i00,000. He can take a shower with the water, he can't drink it, he can't cook in it. I have had two complaints in that area. So this is one reason why I would object to it. Thank you. CHAIRMAN GOEHRINGER: Thank you. Ma'am. MS. GILLEYS : We certainly did hear Nassau Point Property Owners and Nassau P6int bellified tonight. To characterize Nassau Point as the map was drawn by the developers, is incrediably naive. I'm with community relations for the Nassau Point Property Owners Association and past president of Nassau Point Property Owners Association. I'll begin again and try not to get emotional. To charac- terize Nassau Point as the map is drawn by the developers, is incre- diably naive. As the developers planned Nassau Point, the properties were to surround the hotel which burned was envisioned as serving many cottages. The tax collector in Southold knows very well that~- such is not the case. Nassau Point has developed with large homes on the water straddling two lots and in some cases three. And I Paqe 11 Matter of Jean C. Lland/Longnecker Transcript Qf Hearihg - August 18, 1988 forgot about Maggie Bradford's which is much more than that. The concerns we have here is we are dependant on the water collected beneath us. We know there are'some buildable lots. And if those who encompass two lots, decide to redraw the line, we would certain- ly effect the water level and the character of our area. I for one, have a garage built on my second lot. I can come in here and ask you to just set off that other lot. You gave us an exception as far as the map when you did the two acre zoning. So we are allowed to build on.each one of our lots. A number of us have bui~l~ a ga- rage or a b~th house or something on the lot. And everybody could come in and start doing this if this were allowed. If there were no water, maybe they would start your wagon very soon.. So this is why we are concerned. We are not greedy adverse'people. The people who built these homes built them in the '30's and the '40's and the '50's. They were not fat cats. They worked hard and the achieved and they're not some greedy people. They're some peo- ple who can afford to buy the homes and they're coming out and buy- ing the homes. And Mr. Stahel, incidently, is related to a woman who has lived on Nassau Point for more years than I can think of. Thank you. C~AIRMAN GOEHRINGER: Thank y~u Mrs. Gilley. I have your first name sir? Sir, Mr. Berger, could MR. BERGER: Joseph. CHAIRMAN GOEHRINGER: Thank you very much. would like to spe~k? Yes Doctor. Is there anybody else who DR. HARRISON: On part of the submitted material, I have a copy of a map of proposed setoff property surveyed for Jean Longnecker of Nas- sau Point, To~ oW Southold. On parcel B there is an indication of a house. Now, that I didn't put in and yet we're told that there is no intention of putting a house on it. May I show it to you? CHAIrmAN GOEHRINGER: I think I have the same thing Dr. to be honest with you. DR. HARRISON: Well, I question it. CHAIrmAN GOEHRINGER: Would you like to rebutt any of this Mr. MR. TOHILL: I would like the Chairman's permission to supplement the record and I'll supply it within a few days, with a little information on the number of building permits which have been iss~ued on Nassau Point since December 8, 1983 which I think is the date of Mr. ~L~ssard document, the notice o~ disapproval. So I think that will be an in- teresting statistic. The second point that I would like to make and I'm asking for permission to supply that to the Board. The second point that I would like to make is that I don~t think anybody in his right mind living on the East End of Long Island can object to some- body have a legitimate concern about water a~t~ the supply of drinking water. I don't think Mrs. Hollander is here tonight to champion some kind of a statement that there is no problem with drinking water any where in the Town of Southold. At the same time to the extent that Page 12 ~ Matter of Jean C ollander/Longnecker Transcript o~ Hearing - August 18, 1988 we personally, Mrs. Holland and I, had the personal opportunity to go to through the Health Department's review proceeding after the last determination of this Board in order to determine from their professional perspective what the quality of water was in this particular area, this particular. I think that we under- stand that there's more involved in that process. We would then comment in the same breath, in the same Ietter and at'the same time and of the same signature about Mrs. Holland's personal tax return, about Mrs. Holland's husband's death, about mrs. Holland's residence on Vanston Road and similiar comments. I don't think that they help Go leave a message with anybody, this Board or to me or anyone else that somebody would like to leave. So that anybody who suggests that we're supposed to take it on the chin and roll to the ground when that kind of comment is made in the context of a zoning proceeding, should not expect that to happen. Not from my client, not from anybody that I ex- pect to serve. The last point and then I'll sit down. All of the comments about water; water has been well addressed to the Suffolk County Health Department as we went through our public hearing in Suffolk County Center which is located on Center Drive in Riverhead which was a publicly noticed proceeding at which time there was information taken with respect to the issues that are now before the Board. It isn't as if this group didn't know that that was going to happen. After all, this Board received a letter the last time this matter was before the Board from the same group objecting to the subdivision. And the Board made a very specific denial without prejudice saying go get Health De- partment approval. We set about doing that. It took us some time, some energy, some money, some effort to do it but we did it. It's a tad unfair to have Nassau Point group to show up to- night and suggest tonight in August 1988, two and a half years into the effort just with respect to the Health Department that we are on a fool's errand. I don't think anybody wants the sys- tem to work that way. We relied on what the Board said in writing to the public in that determination and we spent dollars and time doing what we thought we were told respectfully to do. And we got through the gate and it's too late after the Health Department has held its public hearing to make this Board in to a super Board of Review over the Board of Review of the Suffolk County Health De- partment. Thank you. CHAI~4AN GOEHRINGER: Before you sit down, could I just go over a couple of the figures on the survey if you would? MR. TOHILL: That's what's cited, by the way, in decision nu~%ber .... The last one because it was cited exactly, 33-61. CHAIR~LAN GOEHRINGER: Where we have the number 327, the lot number and we 47,500 square feet. That is the old lot line that straddles the house. So now with changing the lot line at 4 feet, we now have parcel A at 55,660 square feet. %~ MR. TOHILL: Right, because of the setoff. Page 13 .~ Matter ofJean C olland/Longnecker Transcript of Hearing - August 18, 1988 CHAIk~AN GOEHRINGER: Now, parcel B would have been 48,160 square feet but it straddles the house that's now 40,000 square feet. MR. TOHILL: Correct. CHAIRMAN GOEHRINGER: Lot number 37 which is on the beach, on the cove I should say, is 5,865 square feet and that's used to- gether with lot number 36 which is 16,350 or is it .... ?'~ MR. TOHILL: Depending upon how you want to say it. 37 becomes part of 327 and 36 becomes part of 328. So that 40,000 on 328 becomes .... I'm going to have to 10ok at that original decision again. What does 33-61 say? Because this is confusing to me. When I read through the decision, I literally understood it in one sentence better then than any other time. But it's part of the exhibits that I handed up. CHAI~N GOEHRINGER: It shows as 15,242. MR. TOHILL: Ok. Then he's using the lot line number rather than the high water mark which would be correct. That would be the consistant way to do it because he's not talking about buildability. He's just talking about area and he's also making it unbuildable. So you'd want the larger of the areas rather than the smaller. CHAIRMAN GOEHRINGER: Ok. Thank you. MR. TOHILL: Could you comment with respect to;my ability to add that statistic because I think all the people saying that they were the last ones in the door .... CHAIRMAN GOEHRINGER: would you be including any mergers in that on the .... ? MR. TOH~LL: No. Ail I want to do is demonstrate what's an ob- vious point. That the building that has been taking place on Nassau Point over the last five years during the light of our ef- forts to get this parcel subdivided and get through what that gentleman called a zillion steps. What got. this group here to- night quite angry is not our application. It's not the division of our lot. It's what they're observing day in and day out all over Nassau Point. It strikes me that in the merit, for a long time and I hope a long time to come, if we're going to visit all of an area's problems on one property line the way it's being done here tonight, it's time to reassess how we do things. And ~on't think the group intends to do that. I think they are trying to send a message but they get caught, that message gets caught in a strange way when you're before a quasi-judicial board such as a Zoning Board o~ Appeals which has a mandate under state law to do things iX certain things come together and are not in the rede- signing order. You're not conducting the ~les of the law here. CHAI~N GOEHRINGER: We can do it in two ways. The only thing that concerns me is that it does not give the Nassau Point Associ- ation time to comment on the letter that you're going to give us %'with the statistics in it. Page 14 ~ Matter of Jean C~olland/Longnecker Transcript of Hearing - August 18, 1988 MR. TOHILL: I'm going to give you the number. It's going to have 1, 2, 3, 4, 5 digits on it. That's all. CHAI~N GOEHRINGER: Sir, the only thing I might suggest is' that if we .... I'm going to suggest that we take about a two minute recess here for one minute. But I'm going to suggest that if you do that, that we will close the hearing at the next regularly scheduled meeting with no comments. We'll just close it. So if they wanted to comment on what you're placing or the numbers that you're placing, that the accuracy if they have any question on what ever is going... What ever it is, I can assure you that this works out very nicely. There's-no input. There's no anything. We just close the hearing except for in writing if they want to comment on what you place in the file. So I'm going to suggest that. I'll be with you in one second Mrs. Gilleys. And Mrs. Gilleys you had a question. MRS. GILLEYS: The only comment that I was going to make is that it is obvious that Mr. Tohill received all our letters that we had. He was notified. And if anything happens with the Board, it would be nice if we were informed. If we knew that there had been water hearings and so forth. And I regret that you were curt to me in public. But just the same, I think that this is an issue that is concerning everyone. That,s why we are here. CHAIrmAN GOEHRINGER: Yes ma'am. MRS. HARRISON: I have two comments I'd like to make. And one is that the water may be very pure now and DEC may have approved now. But what's going to happen to our supply of water if we keep building, building, building on Nassau Point? If we continue this building, we're not going to have any water, that's decent. And the other is that I don't quite understand the purpose of this subdivision if there's absolutely no intention of building. Unless it's the selling of the property and then the property is sold. Someone else can apply to build. I really don't see the point of it. MR. TOHILL : When municipalities do what this municipality did in 1983 which was over the course of five months, adopt local law number 9 and then number 11 that became 100-30 and 100-31.1 I think or 100-31 and 100-31.1.' Whenever that happens in any munici- pality and it's written in every textbook on planning on the sub- ject, it causes people to become insecure about their real property rights. And it caused people to wonder whether or not ~ it makes sense to put off and put off what otherwise they would not put off. And so as a result, they consult lawyers and they consult land planners and they get advice. And eventually they find their way at Mr. Lessard's counter and it happens here every day. It's been happening increasingly in this municipality more than any other on the East End over the last five years. CHAI~N GOEHRiNGER: For the group here from Nassau Point, you're referring to the inception of two acre zoning. There was a ques- tion. Mr. Ferge, you had a question. Page 15 Matter of Jea~ Holland/Longnecker Transcript of ~r~aring - August 18, 1988 MR. FSKSR: As the president of the association, I feel the need to comment since we've been groundly nullified here this evening. It is most unfortunate that Mrs. Holland's lawyer has chosen to take our comments in a personal vain. They were not intended to do so. And if they were taken that way, I would certainly apologize to everyone that was involved in the process in this light. But that was certainly not our inten- '~ tion. Our comments regarding where'Mrs. Holland lives was only · relative to the.~comment in the application that this application had something to do with hardship and the fact that the property was being rented and not lived in. And that was the only point that we were making relative to that and that was our single con- cern. Relative to the water supply, I would certainly not argue with the water department that the water in the area of the Hol- land property is good. However, for those of you who are not aware of it, Nassau Point sits above an aquafer. And we do not get spring water. Our water comes from the rain and it sits there and does not by anybody else. My immediate neigh- bor lost his pump a month ago as a result of the Fire Department pumping a practice well. Practicing to pump water to make sure it was out of one of their wells and it created an air vacuum and he lost his pump as a result of that. The comments that Mr. Berger got from the people on the Point are factual. They have salt water intrusion and it doesn't make a difference whether the water at the Holland property is good or not. That water that is being taken and continually being taken by the continuous building is going to effect all of us at a later date. Not just the two people who now have salt water intrusion. Relative to the comment regarding the building; of course we're concerned about the over population of Nassau Point and the building. But we wouldn't consider commenting on a case where a person has a lot and owns a single lot and decides to build on that lot. It's ludicrous that we would make a comment and suggest that that per- son not build. What we're concerned about is the splitting of these multiple lots and there are many which would increase the number of houses on Nassau P6int significantly. I can't ~ive you a figure on that. And as far as commenting on Mrs. Holland's tax return. Again, we certainly were not attempting to do that and that was not our intention. We made, no reference to her tax re- turn. We talked about the fact that if you break her tax assess- ment or her tax payment over the course of the year and you con- sider the fact that it's a deductible expense for almost all of us that was our comment. So just for the general public who is here, we are not the ogres that we were made out to be and this certainly was not a personal attack as her lawyer has chosen to make. Thank you. CHAIRMAN GOEHRINGER: Mr. Gardener, you had one more point? We are going to take a short recess. MR. GARDENER: Again, you have copies of these two past denials. And for the group, I'd like to read what they were. The first one was denied because this proposal would not be within the character of this neighborhood because of its configuration. Being the setback of the existing dwelling would be insufficient.~. It would not meet the requirement of zoning of 50 foot rearyard. Page 16 M~tter of Jean C.~ ~lland/Longnecker Transcript of Hearing - August 18, 1988 C - The evidence submitted is not sufficient to justify the granting of the relief as requested. It was turned down. That's the first one. The reasons'for the first turn down. The second turn down was denied because additional relief was necessary for the setback of existing dwelling from the amended division line. Such amend- ment was beyond the scope of the original notice of hearing. Two;'' the water table in this area is fragile. Such a division of land will require a approval of Article VI of the Waker De- partment-. I read the letter from the Water Department. It. says sure you can put water there now. It doesn't say that you should give this variance because of that. It doesn't say it. So .... One other thing. We understand that it would be nice to divide their lot. But we have so many buildable lots on Nassau Point and there's not a d--- thing we can do about it. But when other people start to break up properties, then we've got to do something. Just because something is legal and we can't do anything. But for some- thing that's not quite legal, we're going to do something. That's all we're doing. We have no personal animosity towards this. We are fighting a good cause for everybody, the 300 households on Nas- sau Point. CHAIRMAN GOEHRINGER: Hearing no further comment, I'll make the mo- tion closing the hearing reserving .... I'm sorry. I make the mo- tion recessing the hearing until the next regularly scheduled meet- ing with no public comment. And we would ask either the president or one of the directors of the Nassau Point Association to get in touch with us in about two weeks to review what ever supplemental information that is placed in the file by Mr. Tohill representing his client so thatjyou might comment on it prior to the next hear- ing in writing. MR. TOHILL: I understand that the comment will be as to those digits that I'm going to put in. I'm going to send you a letter that says the number of building permits issued since September 8, 1983. I don't want to hear .... CHAIRPLAN GOEHRINGER: That's correct. And I would ask you to please restrict your comments, this is again for the association, to any additional information that's being placed in the file sub- sequent to this particular hearing. And hearing no further comment, I'll make a motion recessing. Ail in favor - AYE. ANTHONY ~1. TOHILL, P. Co. September 6, 1988 Mr. Gerard P. Goehringer Chairman Southold Town Board of Appeals Main Road - State Road 25 Southold, New York 11971 Re: Suffolk County Tax Map No. 1000-111-10-1, 2 & 18/ Premises of Jean Holland Longnecker Dear Mr. Goehringer: In supplement to my recent letter concerning the num- ber of houses built on Nassau Point, pending the Holland/Long- necker application, I should have mentioned that swimming pools and lawn sprinkler systems have been installed and continue to be installed at Nassau Point without restriction or limitation. Very truly yours, ABT:dmo cc: Jean C. Anthony B. Tohill Holland -ZAL i: 50 , IA" ' AU POi 1,4T IZEY ~AP .~ h 4[u,,t,~fdl~ wltk ~t~tl~-R~vb. ,. SUFFOLK COUNTY DF.~J~T~[NT OF HEALTH SERVICES Hauppaul~e. New York ,AI"R U§ JJ~J~ and sew~ ~i~po~al for ~C~ 0 (~~) in the 111) 16~fi~ , with a total of ....~-- ~CfS were approved on the above date. These facihties must Conton,~ to constructt~ sta~ards in effect at the time of construction, TNs approval shaU be valid only in the e~nt said subdWision/dev¢. opment pi,an is duly flied with the Ceun~ Clerk within 6 months of this date. Con~nt is hereby 8tven for the illin8 Cf this map on which this endomeme~ a~pe~s in the Office of the County Cterk i~1 ~oun~ _ Salni~,,~~~~ Aldo Andreoli, P E.. Dir~tor, Division ef Environ~ntal Quality Or SCALE. 50, t ~: t r20'N.I~t PE HAP AJ~EA5: LOT ~ T0 ~F LINE' t5,~48 5,F, t~TmL, 55 ~4~ ~.: ,,,, '~o ' ~b " ' I ' L ANTHONY ~. TOHII~L, P. (3. September 2, 1988 Zoning Board of Appeals Town of Southold Southold Town Hall Main Road Southold, NY 11971 Att.: Gerard P. Goehringer Re: Application of Jean C. Holland/Longnecker-- #3751--8/18/88 Dear Mr. Goehringer: The investigation of my clients reveals that since the filing of their application to the Zoning Board of Appeals, thirty eight new homes have been built on Nassau Point and six additional are under construction at the present time. Very truly yours, Anthony B. Tohill ABT:mb August 16, 1988 BY HAND Mr. Gerard P. Goehringer, Chairman, Town of Southold Board of Appeals South Town Hall, Main Road Southold, New York, 11971 Re: Jean C. Holland/Longnecker Zoning ~riance Application dated June 28, 1988 Dear Board of Appeals, Because of prior personal committments it will not be possible for me to attend the public hearing at which the a~ove will be discussed on Thursday, August 18, 1988. As such, I am here~by formally putting my objection to Mrs. Longnecker's application in writing in the hopes that the Board will consider this letter in lieu of a personal comment by me on Thursday evening. Briefly, my objections encompass the following points: Mis~re~resentation - In;directly the applicant has led area neighbors to believe that her application will not result in the bulilding of a new home on her property - certainly over the short term. ~ This has generated a complacency on the part of some area property owners, resulting in their not objecting to her application. Water Problems/Pre~cedence - As is well known, Nassau Point already suffers from water problems and regular salinity intrusion in a growing number of locales. Whereas I certainly support an individual's property rights when clearly defined (thereby accepting the continued development of Nassau Point), I must object when development applications are made which are not based upon clearly defined rights. At present, there are approximately 30 situations similar to Mrs. Longnecker's on Nassau Point, where without zoning variances, further lot subdivisions could not occur. As such, granting her application will set precedence for these other potential applications and, therefore, aggravate a development/water problem beyond which Nassau Point would normally have to cope with. Holland Hardship - I fail to understand "hardship" as used in Mrs. Longnecker's application. First, her house and land are worth well in excess of $1.0 million and is already being used by her as a "rental" property (and has been for some years). Secondly, when she bought this property back in 1967, she did so subject to prevailing zoning and other restrictions. As such, she purchased knowing full well that the land's original two-house potential had been foregone by the placement of the house astride the interior bulilding lot line. To now claim "harshi~" twenty-one years later is rediculous to say the least. Parcelization - The application refers to lots 327, 328, 36, and 37. In point of fact lots 36 and 37 lie across and on the other side of a beach right of way which cannot be closed. To include those lots in her argument is, therefore, erroneous ~and misrepresentative. Lot Size - Mrs. Longnecker's representation that if granted, her new buildable lot will be larger than most in the area is not true when one differentiates between water-front and interior lots. At present, water-front lots in proximity to her 2.6 acre property range between 2 and 12 acres. Even my interior lot (200 feet distant from her land) is 0.7 acres. Stahel Hardship - At present, and particularly during the winter, I enjoy a limited water view from part of my property. If Mrs. Longnecker's application is approved I will lose that view and thereby suffer a direct loss in property value. Since when I bought my home some 18 months ago I did so with the assurance under prevailing zoning and other codes that I would retain an unobstructed water view, I st~rongly object to any zoning changes which will deprive me of this asset. Because of the above~ Imost strenuously object to Mrs.. Longnecker's application and respectfully request that the Board deny her petition. Very truly yours, Peter J. Stahel 3800 Vanston Road Nassau Point Cutchogue, New York NASSAU POINT PROPERTY OWNERS ASSOCIATION P, O. Box 346 0UTOHOGUE, L, I,, N. ¥, 11935 August 9,1988 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Southold Town Hall Southold, N.Y. 11971 Dear Mr. Goehringer: The Nassau Point Property Owners Association (The Association) has been advised that Jean C. Holland is requesti~E a variance to allow the division of one present lot (historically combining lots 327 and 328) and to combine into the divided lots two small lots 36 and 37 making two parcels ( one an undersized lot) and also requesting a variance from sideyard setback requirements for an existing dwelling. The Association appreciates this opportunity to address the Board with its objections to the granting of these variances. As you know, the Association has for decades been concerned about the fragile water supply and salt water intrusion on Nassau Point. This condition is on public record and in the Mattituck Traveller Watchman issue of August 4,1988, Frank Bear, Chairman of the Southold Water Advisory Committee announced "... that he is working on a proposal to restrict water usage such as for water sprinklers and filling swimming pools, in areas such as Nassau Point and Bayview that experience seasonal problems with salt water intrusion.~!. There has been a great increase in the number of new homes on the Point and the Association has conducted water conservation and educa$ional programs to help conserve the water supply. Zoning regulations allow building homes on preexisting lots but where the zoning laws require the granting of a~iwariance for splitting properties, the Association has been very active in supporting the zoning laws and the contesting of variances which would cause a further drain on the water supply. The Association appeared in opposition to similar variance request from Baglivi (10/16/80) and De Borger (3/12/81) and in both instances your Board denied requests for variances. In an application dated March 19,1984, the current applicant filed a similar request for variance and on December 5,1984, your Board denied the variance because ".. it would not be in the character of the neighborhood . ." and for other reasons. In an application dated April 19,1985 a similar request for variance was made and on June 27, 1985 your Board again denied this variance, commenting "... the water table in this area is fragile and will need the approval of the Suffolk County Department of Health Services". You also commented that "..additional relief is necessary for the set back of the ez~tst- dwelling from the amended drawn line". The Association had written a letter requesting denial of these requests and was pleased to see the actions the Board took. -2- Nassau Point Property ~ners Association The Association has reviewed the current appeal No. 3751 dated July 1,1988 and has the following comments: 1. The two presently combined lots 327 and 328 are to the ~$st of Lowland Road and lots 36 and 37 are to the ~$st of the Road. Lowland Road is a Nassau Point Property Owners Association right of way and must be kept open. As a matter of fact, the Association owns lot 33 with access on this road and intends to retain this ownership and this access road by all legal means. It is felt that the attempt to combine lots on opposite sides of Lowland Road is a ploy to make the proposed divided lots appear to meet zoning size requirements. Every indication is that lots 36 and 37 are unbuildable as they are subject to periodic flooding. There are no homes on similar lots in this area and should not be considered as additions to lots on the east side of Lowland Road. The Association has discussed the combination of lots 36, 37, 327 and 328 with the Assessors Office of the Town of Southold and has been advised that lots on opposite sides of the road cannot be combined. 5 The applicant, Jean C. Holland Longnecker, does not reside on the subject property as after the death of her husband she married Thomas H. Longnecker Sr. and resides in a home at 4400 Vanston~oad. The Association understands that the residence on the subject property has been rented to a third party on an annual basis. Under No. 1 on the reverse of the application, it is stated that the strict application of the ordinance would produce practical difficulties or unneccessary HARDSHIP because .... "applicant effectively owns four lots that have merged to create a grossly oversized parcel improved only by a single family dwelli~ This property was purchased by Eelland in 1987 with full knowledge of the lots and zoning laws at that time. In subsequent years, several building permits were issued involving substantial renovations, additions and enlargements of the dwelling and out building on these joint two lots. It is only recently at a time when land values have soared that there have been these efforts to divide the property. In addition, the appeal states ... "Applicant's predecessor in interest created the difficulty that the Board is being called upon to rectify by constructing the home in which the applicant resides closer to the southerly dividing line between lots 327 and 328 than was necessary to insure zoning_compliance"._ This is a statement that may mislead the Board ~a) the applicant does not reside in the home on this property and (b) the applicant's predecessor did uot create the difficulty by constructing the home too close to the southerly dividing line, he apparently made an in-~ed decision to place the home astraddle the dividing line to assure that the house would always remain on the two lots as one piece of property. The Association applauds that decision and hopes that the Board will honor the original owner's plan. -3- ~wnSSaU Point Property ers Association Also on No. 1 the applicant states that . . "the huge parcel is a burden on its owner". The Association determined from the Tax records that the combined lots 327 and 328 have an assessed value of - Land $2,800 and Buildings $8,700 for a combined value of $11,500. Using the Nassau Point combined 1987-88 Southold Town tax rate of $429 per $1,000 of valuation the total tax on this combined property comes to about $4,900. If the property was divided, the tax on the piece containing the residence is estimated at $4,400 which means that the so-called "burden" would be reduced by $500 a year which after deduction for Federal and State tax purpose~is about $350 or $30 a month. The word "burden" is misleading. If the applicant is concerned about "burden", it would seem that the entire property would be sold "as is" and all taxes, home upkeep, insurance, etc. on~.property which is used as a rent producing property rather then a prime residence would be eliminated. Apparently this is not the plan but instead there is an attempt being made to get a variance to divide the property making the sa~s proceeds for two lots much greater. This is not a "hardship" case. Under No. 2 on the reverse of the application, the applicant states that the hazd~D created is UNIQUE and is not shared by ald properties alike in the immediate vicinity of this property and in this use district because ... applicant's ~ lots are nearly twice as large as the other lots in the zmmediate vicinity". This statement is not correct. Unfortunately, while the original developers of Nassau Point made some of the interior lots as small as one-half acre~ the waterfront properties are much larger and in the ~mmediate vicinity of the applicant's property they are twice or more as large as the proposed lots, varying from two plus acres to twelve acres. The properties on either side of the said property are 2.3 and 3.0 acres. Testimony from neighbors and a review of the tax map will confirm this point. The Association has been involved in many similar cases over the years and has Ereat concern over the granting of variances to make additional building lots available on Nassau Point for the financial benefit of the applicants and to the detriment o~ the water supply of the rest of the residents on the Point. Our immedi~e concern for the future is that if this variance is granted for a division into two lots, the action will open the floodgates to divide other similar properties of which there are many on the Point. The Nassau Point Property Owners Asseciation representing over 300 households on the Point hopes that you will deny this application. Very truly~rs, ~~Feg~r ,~~nt Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLQ, L.I., N.Y. 119'71 TEL, EPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, ,JR. JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Transmitted herewith for your information is a copy of recent correspondence concerning your application. Enclosure Office of the Z.B.A. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. JOSEPH H. SAWICKI APPEAL NO.: PROJECT NAM_E: ~ugust 18, 1988 S.E.Q.R.A. NEGATIVE ENVIR6NMENTAL DECLARATION Notice of Determination of Non-Significanc~ 3751 JEAN C. HOLLAND'/LONGNECKER This notice is issued pursuant ~o Part 617 of the implementing regulations pertaining to Article 8 of the.N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any otheF department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval of proposed Parcels A and B having insufficient area and width. LOCATION OF PROJECT: Town of Southold, County of~Suffolk, more particularly known as: Sunset Road, Beach ~ane and Lowland Road, Cutchogue, NY 111-10-18, 1 and 2 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to 9ccur should this project be imple- mented as planned; (2) The relief requested is not directly related to new construction as regulated by Section 617.13 for a lot-line or area variance. FOR FURTHER INFORMATION, PLEASE C~NTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc NOTICE OF HEARINGS NOTICE IS I~EREBy GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the ~ RD OF APP_EA_LS at a Pa:~ular Meeting at the Southold Town Hall, Main Road, Southold, New York, 119'/I, on H R 1988 at the followinR times; 7:35 R~m. Appl. No..~/40. CAROL MAOUIRE. Variances to the Zoning Ordinance, Arti- cle I11, Section 100-32, for the phtcement of accessory building in an area other than the quired rearyard, and Article XI, Section 100-119.1, for the place- ment of a fence in the frontyard area in excess of the maximum- permitted four-foot height re- quirement. Location of Proper- ty: 2500 Nassau Point Road, Cutchogue, NY; County Tax Map Parcel No. 1000-104-12-14.1. 7:40 p.m. AppL No. 3750. SEYMOUR AND MERLE V N . Variance to t e Zon- ing Ordinance, Article Ill, Sec- tion 100-32 for placement of an accessory building in an area other than the ~luired rearyard. Location of Property: 460 Private Road No. 8, East Marion, NY; County Tax Map Parcel No. 1000-23-1-3.2. ,"=' '/:45 p.m. Appl No. 3/51.' JEAN C. HOLLAND/= [~ONGNECKER. Variances to t~ne Zoning Ordinance, Article Iil, Section 100-31, Bulkj Schedule, for approval of pro-] posed parcels A and B bavin~ insufficient area and widthX Location of Property: Sunset, Road, Beach Lane, and Lowland Road at Nassau Point Map Sec- tion C, Lots 327 and 328, and Walter Grabie Map, Lots 36 and 3'/; Cutchogue, NY: County Tax Map Parcel No. 1000-111-10-18,/ I and 2, '/:55 p.m. AppL No. 3753. VINCENT GE_RQ~A. Variance to lhe Zoning Ordinance, Arti- cle XI, Section 100-119.2A, for permission to construct addi~ tions to existing dwelling with an insufficient setback from the top of bank or bluff along the Long Island Sound. Location of Pro- perry: 315 Aquaview Avenue, E~t Marion, NY; County Tax Map Parcel No. 1000-21-2-3. COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TR'AVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for .................... .~.. .... weeks successively, commencing on the ...................... Sworn to before me this . .: .......... -/~. ..... day of 8.'00 p.m. Appl. No. 3755SE. TIMOTHY COFFEY AND INC. Special Exception to the Zoning Ordinance, Article I11, Section 100-30C, for permission to et~-'t off-premises-directional sign. Locntion of Property: South Side of the Main Road i.(S.R. 25), Southold, NY; Coun- ty Tax Map Parcel No. 1000-75-06-7.3. 8.'05 p.m. AppL No. 3/56V. HENRY J. SMITH AND THE COVE AT SOUTHOLDt INC. Variance to the Zoning Or- dinance, Article VI, Section 100-60, for permission to erect off-premises- directional sign. Location of Property: South Side of the Main Road (S.R. 25), Southold, NY; County Tax Map Parcel No. 1000-'/0-07-007. (Business-zone District). 8:10 p.m. Appl. No. 3744. WILLIAM BAXTER~ JR. Variances to the Zoning Or- dinance, Article I11, Section 100-31, Bulk Schedule, for ap- proval of insufficient area and width of lot in a proposed set- off m be considered by the Plan- ning Board. location of Proper- ty: Private right.of-way exten- ding off the north side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-'/2-2-2.1 and 3; Notary Public BARBARA FORBES Not. try Public, State of New York No. ~ ommJ~mon F.~pit~e~ ,~.~/ 8:15 p.m. AppL No. 3/54. ANDRE AND THOMAS · CYBULSKL Variance to the Zoning Ordinance, Article I11, Section 100-30A, for permission to utilize existing barns for storage of general items, (instead of agricultural storage) and use as an alternative under New York Town Law, Section 280-a existing driveway for access. Location of property: ~st Side of Depot Lane, Cutchogue, NY; District 1000, Section 96, Block 5, Lot 1.2 and part of 1.1. The BOard of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Wfittan com- ments may also be submitted prior to the conclusion of the subject' bearing, Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: July 27, 1988. BY ORDER OF THE sOUTHOLD TOWN BOARD OF APPEALS GERARD p. ~3OEHRINGER, CHAIRMAN By Linda Kowalski 1'1'-8/4/88(6) pursuant te-.Sc~in~ 267 of thc Town Law and the Code of the Town of Southold, the following · hearings will be held by the SoUTHOLD TOWN BOARD OF APPEALS a~ a ReL'Uhr Meet- inS at the Somhold Town Hail, M&iu Ro~d, Sonthold, NY 11971, on THURSDAY, AUGUST 18~ 1988, =at . the= fOllowing times: ~; · ~'CAROL MAGUIRB. yarlances ~o tho Zoelng Ordinance, Afllcle, ~ ~ Section 100-32, for the place- ~me~ll building in an :area othoF than rear- ~ IlO.l, for the fmce in the fnmtyard am in et. · ~cess of the maximum-pe~mirted '~fonr;foot height requirement. ~.~ocation of F~,,v~Y: 2500 Nassau ~v/.~,L_J*oint Ro~d, Cutchogue, NY; ~ Tax Mep Parcel No. 1O00- '4~'-7:40 p.m; AppL No. 3750-- .~SEYMOUR AND M E R L ~ LEVINE. Variance m the Zoning · ~ Ordinance, Ar~clel~,~ec~m 100- 32 for placem~t of m accessory betiding in mi ama other than the required rearyard. Location of property: 460 Private Road #8, East ldarinn, NY; County Tax Map Parcal No. 1000-23-1-3.2. //"% 7:45 p.m. AppI. No. 3751 -- LAND/LON(~NECKER. Vari- ances to the Zoning Ordinance, Article I~, Scct~:m~ 100-31, Bulk ,Schedule, fo~ approval of prepose~ Parcels A and B having insuffi- cient trea and width. Location of Property: Sunset Road, Beach Lane, and Lowland Road at Nassau Point Nlap Section C, Lots 327 and 328, and Wnlmr Grabin Map, 7:55 p.m. Appl. No. 3753 -. STAT~ OF VINCENT GEROSA. Variance ) SS: tO the Zoning Ordinance, Article COUNTY OF SUFFOLK) X~. S. eotin~ 100-11g.2A, for per- dwellhs with an insuffi. Christina Contento of Mattituck, cinnt setback from tho top of bank bluff along thc Long Island said ~oun~s being duly sworn, says that he/she Is Principal of Properly: 315 Ea.st Marion, Clerk of TN[ SOFFOI. K TIM[S, a Weekly Newspaper, County Tax publIshed at Mattlluck! In tho Town of Southeld, County of 8:o0 p.m~9 Suffolk and State of New York, and that tho Netlee of which =oP-~-Ar AND THE the annexed Is a primed copy, has been regula~ published In SOIJTHOLD~ INC. Exception to the Zoning sam #owspapet anco oath woek for 3- weeks Article l~, Section. SuooessJvaly! ©ommencJng on tho 4 day of o0-30C, for permission to erect off-premises -directinnal sign. Location of Property: South Side 8:05 p.m. ANpl. No. 3756V -- HENE¥ J. SMITH AND THE cove AT SO~HO~D, 1~¢. ....... Pgnoipal Clark Variance to the Zo~ng Ordinance, . Article V~ Section 100-60, for .+-+?'~' ;'.= . time allotted, For mo~ ~for- pe~nission to erect off-premises. directional sign. Loeatlon of ' ~ ~ 765-1809. Property: South Side of the Main ~ 27, ~985+ ' Road (S.R. 25), Southold, NY; ~ _]~y ORDER OF THE County Tax Map Parcel No. 10O0- ' ' i ~- SOUTHOLDTOWN 8:10 p.m. AppI. No. 3744 -- ! , .. . ..:_ . Suitdg g0unt~ No. 4849860 WILLIAM BAXTER, JR Vati- I . By Linda Kowalski l~m~ E×pires Febrt~ar~/~ ~nces to the Zoning Ordinance, ~027-1TA4 · Article ITl, Section 100-31, Bulk ~chedule, for approval of insuffi- - ~nt a~a mid width of lot in'a opined set-off to be considered ' ~ the Planning Roard. Location Property: Privale right-of-way xtending off the north side of )tegon Road, Cutchogue, NY; ~ounty Tax Map Parcel No. 1000:/.~ 2-2-2.1 Sad 3.. --. '~ ~:15 p:m. AppL No. 3754 :- tNDRE AND THOMAS CY- ~ULSKI. Variance to the Zoning 0A for permission to utilize ral items (instead of agricultural nder New York Town Law, Sec- Side of Depot Lane, Cutchogue, NY; District 1000, Section 96, Block 5, Lot 1.2 mid pan of I.l. The Board of Appeals will at s~id time and place hear any and all persons or representatives de- siring to be heard in each of the may also be submitted ptior to the conclusion of the subject hearing. Each hearing will not s.ta~ before APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Someone should appear in your behalf during the public hearing. Questions may arise from Board Members or persons in the audience during the hearing. Your hearing is expected to start at the time advertised in the Legal Notice, and you will not be required to appear earlier. Please feel free to call our office prior to the hearing date if you have any questions or wish to review your file. Yours very truly, GOEHRINGER GERARD P. CHAIRMAN lk ANTHONY B. TO~T.L, P. (3. December 7, 1988 Ms. Linda Kowalski Southold Town Zoning Board of APpeals Main Road Southold, New York 11971 Re: Appeal No. 3751 - Jean C. Holland-Longnecker Dear Linda: Enclosed is a copy of the Declaration that will be signed by Jean C. Holland and recorded by my office at the Suffolk County Clerk's Office. Please advise whether there are any concerns with the draft as enclosed. Very truly yours, ABT/wgf cc: Jean C. Holland with enclosure Anthony B. Tohill DECLARATION THIS DECLARATION made this day of December, 1988 by JEAN C. HOLLAND residing at (No. #) Vanston Road, Nassau Point, Cutchogue, hereinafter called "Declarant". WHEREAS the Declarant is the owner of certain real property situate at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: Ail those certain plots, pieces or parcels of land with buildings and improvements thereon erected situate lying and being at Nassau Point, Town of Southold, County of Suffolk and State of New York known and designated as Lot Nos. 327 and 328 on a certain map entitled "Amended Map A of Nassau Point owned by Nassau Club Properties, Inc. situate in the Town of Southold, Long Island, New York, surveyed June 28, 1922 by Otto W. Van Tuyl and filed in the office of the Clerk of the County of Suffolk on August 16, 1922 as Map No. 156 and all those certain plots, pieces or parcels of land situate lying and being at Nassau Point, Town of Southold, County of Suffolk and State of New York, known and designated as lots 36 and 37 on a certain subdivision map of property of said Walter C. Grabie situate at Nassau Point, Cutchogue, Town of Southold, County of Suffolk and State of New York made by Otto W. Van Tuyl of Greenport, New York, Surveyor and which map was filed in the Suffolk County Clerk's Office on April 19, 1938 as Map No. 1257" and WHEREAS the Declarant has made application to the Zoning Board of Appeals of the Town of Southold for a variance to allow the subdivision of the subject above-described premises, and WHEREAS for and in consideration of the granting of the requested variances, the Zoning Board of Appeals has deemed it to be in the best interest of the Town of Southold that the within Declaration of Covenants and Restrictions be imposed on said property and as a condition of said approval the Zoning Board of Appeals has required that the within declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS the Declarant has considered the foregoing and desires to make, execute and file the within declaration; NOW THEREFORE, THIS DECLARATION: WI TNES SETH: That the Declarant for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that said property hereinabove described shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said property, distributees, successors and assigns, No new structure or part the~ of any existing structure shall b, twenty (20) feet northerly and sol common division line between lots said as said common division line relocated on a certain map of pro~ their heirs, executors, legal representatives of property surveyed for Jean Lonc~ by Roderick Van Tuyl and dated Jun as said modification and relocatio division line was approved by dete.~/~,A, Wj~ Zoning Board of Appeals rendered N under Appeal #3751. The within declaration may no changed or modified unless and unt resolution of the Zoning Board of i.~ u£ ~ne Town of Southold. IN WITNESS WHEREOF, the Declarant has executed this Declaration the day and year first above written. Jean Holland -2- STATE OF NEW YORK ) : ss.: COUNTY OF SUFFOLK ) On the day of December, 1988, before me personally came JEAN HOLLAND, to me known to be the individual in and who executed the foregoing DECLARATION and acknowledged that she executed the same. Notary Public -3- ~i~/l~~i' ~ Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. December 7, 1988 Anthony B. Tohill, P.C. 12 First Street P.O. Box 1330 Riverhead, NY 11901 Re: Appeal No. 3751 - Jean C. Holland-Longnecker Dear Mr. Tohill: For your information and file attached is a copy of a letter received from the Suffolk County Department of Planning indicating a decision of local determination on the above referenced appeal. Yours ve.ry.t~uly, GERARD P. GOEHRINGER CHAIRMAN By Theresa Reilly tr Enclosure DEPARTMENT OF PLANNING t~COUNTY OF SUFFOLK PATRICK (~. HAL.PIN SUFFOLK COUNTY EXI~CUTIVE~ 360-5206 December 6, 1988 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Comission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Jean C. Holland-Longnecker 3751 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD STATE ROAD 25 BOUTHOLD, L.I., N Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI James Dinizio, Jr. Pursuant to Article XIII Board of Appeals of the following of the Suffolk County Charter, the the Town of Southold, New York, hereby refers to the Suffolk County Planning Commission: from the Zoning Code, Article III, Section lO0-3Z Bulk Schedule from Determination of South~ld Town Building Inspector Exception, Article , Section XX Variance Variance Special Special Permit Appeal No.: 3751 Applicant:Jean C. Holland-Longnecker Location of Affected Land: Sunset Rd., Beach La., Lowland Rd., County Tax Map Item No.: 1000- 111-10-18, 1, and 2 Within 500 feet of: Town or Village Boundary Line Cutchogue, NY ×X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. approval of COMMENTS: Applicant is requesting~:~t~x%Sx~lffl~) ro o P rce~s A and Copies of Town file and related documents enc]osed for your review. Dated: Deceraber 1, 1988 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONI$,JR. SERGE DOYEN, JR. JOSEPH H,$AWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765 1809 November 30, 1988 Anthony B. Tohill, P.C. 12 First Street P.O. Box 1330 Riverhead, NY 11901 Re: Appeal No. 3751 - Jean C. Holland-Longnecker Dear Mr. Tohill: Transmitted herewith for your file and perusal is a copy of the determination rendered by the Board of Appeals recently concerning the above application. Copies of this decision have also been furnished to the Building Department and Planning Board Offices to update their files. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors Office of the Planning Board Suffolk County Department of Planning Nassau Point Property Owners Association Dr. J. Grant Harrison Mrs. Jean C. Holland-Longnecker APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765 1809 ACTION OF THE BOARD OF APPEALS Application of JEAN C. HOLLAND-LONGNECKER for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of proposed Parcels A and B having insufficient area and width. Location of Property: Sunset Road, Beach Lane, and Lowland Road, at Nassau Point Map Section C, Lots 327 and 328, and Walter Grabie Map, Lots 36 and 37; Cutchogue, NY; County Tax Map Parcel No. 1000-111-10-18, 1, and 2. WHEREAS, a public hearing was held on August 18, 1988, and on October 6, 1988, all submissions were officially accepted and the file officially concluded; and WHEREAS, at said hearing all those who desired to be heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board made the following findings of fact: 1. The properties in question are located along Beach Lane, Meadow Lane, Lowland Road and Sunset Road, at Nassau Point, Hamlet of Cutchogue, Town of Southold, County of Suffolk, and are identified on the Suffolk County Tax Maps as District 1000, Section 111, Block 10, Lot #1 and Lot #18. 2. The properties in question are further identified as follows: (a) Lot #327 and #328 on the "Amended Map A of Nassau Point, filed August 16, 1922 as Suffolk County Map No. 156; and (b) Lots No. 36 and 37 on the "Map of Property of Walter C. Grabie filed April 19, 1938 as Suffolk County Map No. 1257. Both subdivision maps are listed under Section 100-12 of the Zoning Code "Exceptions" as to lot area and width requirements as enacted by the Southold Town Board by Local Law Amendments October 30, 1973. Page 2 - Appeal No.~751 Matter of JEAN C. H~LAND-LONGNECKER D~cision Rendered November 16, 1988 3. By this application, appellant requests Variances from the Zoning Code, Article III, Section 100-31, Bulk Schedule, for approval of the insufficient area and width of two parcels in this proposed re-division of land and the insufficient setback of the existing dwelling from the relocated division line (to the south), all as more particularly shown on the Survey Map prepared by Roderick VanTuyl, P.C. dated June 29, 1987: (a) Parcel A with a total of 61,525+- square feet, inclusive of the improved dwelling parcel and section of land located opposite Lowland Road referred to as Lot 37 (both of 55,660 sq. ft. and 5865 sq. ft., respectively); (b) Parcel B with a total of 55,242+- square feet, inclusive of the vacant parcel and the section of land located opposite Lowland Road referred to as Lot #36 (both of 40,000 sq. ft. and 15,242 sq. ft., respectively; (c) insufficient setback of the existing dwelling to the proposed re-division line at four feet at its closest point. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 square feet (eff. 5/83), lot width (or street frontage) of 175 feet, minimum sideyard at 20 feet, and minimum rearyard at 50 feet. 5. Article III, Section 100-12, as amended 10/30/73 by the Southold Town Board by Local Law No. 5-1973, excepted the Map of "Nassau Point" from the lot area and lot width requirements of the Zoning Code. 6. For the record, it is noted that the applicant acquired the subject premises July 17, 1967. Since that time, several building permits have been applied for and issued permitting substantial renovations and enlargement of the dwelling on these two lots, jointly. 7. Also noted for the record are: (a) Board of Appeals action rendered November 29, 1984 under Appeal No. 3230; (b) Board of Appeals action rendered June 19, 1985 under Appeal No. 3361; (c) N.Y.S. Department of Environmental Conservation Permit %10-84-0678; (d) Suffolk County Health Department approval dated April 6, 1988 pursuant to a Board of Review Determination made March 7, 1988, with reference to the subject premises. 8. A Declaration of Covenants and Restrictions has been previously submitted in legal form, which restricts all structures, buildings or dwelling(s) of any kind, except docks, bulkheads, rip-rap and similar accessory structures as permitted by codes, upon Lots 36 and 37, Map of Walter C. Grabie, located along the west side of Lowland Road (opposite the upland parcel) which document is required to be filed and recorded in the Office of the County Clerk. Page 3 - Appeal No.~751 MDtter of JEAN C. H~LAND-LONGNECKER Decision Rendered November 16, 1988 9. The lots within District 1000, Section 111, Block 10, (in the immediate area of the subject premises) are shown by the current deeds to: (a) consist of two subdivision lots #329 and 330 within Lot ~17, for a total area of 2.3+- acres; (b) consist of one subdivision lot #331 within Lot #16 for a total area of 1.1+- acres; (c) consist of one subdivision lot #332 within Lot #15 for a total area of 1.4+- acres; (d) consist of one subdivision lot for Lot #19, for a total area of 1.0+- acre; (e) consist of one subdivision lot for Lot #20, for a total area of 1.0+- acre. The lot area resulting by the alteration of the lot line as submitted is not out of character with a majority of the lots within the immediate block. 10. In considering this appeal, the Board also finds and determines: (a) the restriction as applied to his land does impose sufficient practical difficulties if the variance is denied; (b) the relief requested is not substantial in relation to the area requirements as excepted by the Town Board under Section 100-12 of the Zoning Code, although otherwise substantial in relation to the minimum lot-area requirement under Section 100-31, Bulk Schedule, of the Zoning Code; (c) that the circumstances are unique to the property and are not shared by other properties in the neighborhood; (d) there will not be an adverse effect of increased dwelling density thus produced on available governmental facilities; (e) there will not be a substantial change in the character of the area for the reasons noted previously; (f) that the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance, with the exception of relocating the existing dwelling building; (g) that there will n0t be a detriment to adjoining properties; (h) that in considering all the above factors, the interests of justice will be served by the grant of the relief requested, as conditionally noted below; (i) that the record is not sufficient to substantiate as required in the standards set by the Courts a denial of this application {Matters of Cowan v. Kern 41 N.Y. 2d 591; Fulling v. Palumbo, 21 N.Y. 2d 30; etc.). Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief as requested in the Matter of JEAN HOLLAND-LONGNECKER under Appeal No. 3751, SUBJECT TO THE FOLLOWING CONDITIONS: Page 4 ~ Appeal No.~51 Matter of JEAN C. H~LAND-LONGNECKER Decision Rendered November 16, 1988 1. There be no further encroachment by building construction within 20 feet of the new division line on Lot B (to the south); 2. There be no further encroachment by building construction between existing dwelling and the southerly property line on Lot A (at any point); 3. Declaration of Covenants and Restrictions be prepared by applicant's attorney in legal form, to be executed, notarized, and recorded in the Office of the Suffolk County Clerk, with copies to be furnished for the Board of Appeals record, restricting the above-referred Lots #36 and #37 from any construction of buildings or structures (with the exception of bulkhead, ramps, rip-rap or similar structures). 4. The lot area for Parcel A include the area from the lowland section (Lot #37), as applied, for a total area of 61,525 sq. ft. {55,660 + 5865 sq. ft.}; 5. The lot area for Parcel B include the area from the lowland section (Lot #36), as applied, for a total area of 55,242 sq. ft. {40,000 + 15,242 sq. ft.}. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, and Sawicki. (Member Dinizio abstained due to the fact that his effective date of appointment as a Board Member was subsequent to the hearing and filing of the application.) {Member Grigonis was absent (out-of-state)}. This resolution was duly adopted. GERARD P. GOEHRINGER ~/ CHAIRMAN lk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of JEAN C. HOLLAND to the Board of Appeals of the Town of Southold TO: See attached NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to I'equest a (Variance):~N:~x~0fl~:~;:~i~i~x(~)'~-~× [circle choice] ). That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: SCTM#1000-111-10-p/o 18 3. That the property which is the subject of such Petition is located in the following zoning district: A- Residential/Agricultural 4. ThatbysuchPetition, theundersigned willrequestthefoUowingrelief: re-subdivision of merged lots and variance from sideyard setback requirements for existing dwelling. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III Section 100-31 Bulk Schedule [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (5].6) 765-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: June ~13, 1988 Petitioner Jean C. Holland Owners ' Names: same as above Post Office Address (No#) Vanston Road Cutchogue, New York t1935 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. and Mrs. William Baxter L. Grant Harrison 6 Windrose Way, Mead Point Greenwich, CT 06830 14 St. Paul's Place Garden City~ NY 11530 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS. ~ ~Linda Sinqle , residing at Hampton Bays, New York , being duly sworn, deposes and says that on the 16 th day of Jb. n9 , , 19 88 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof;~directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Riverhead ; that said Notices were mailed to each of said persons by ( cer t i fled ) ~l~.l~el~jc ma il. Sworn to before me this 16 th day of ~ n_~._ ,19 88 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF $OUTHOLD In the Matter or' the Petition of JEAN C. HOLLAND to the Board of Appeals of the Town of Southold TO: See attached NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance)::(:S~;~i~l~l~l:go~:frSq~ial~R~:x~3,~:~x [circle choice] 2. That tile property which is the subject of the Petition is located adjacent to your properly and is des- cribed as follows: $CTH#1000-111-10-p/o 18 3. Thal tile property which is the subject of such Petition is located in the following zoning district: A- Residential/Agricultural 4. Ti~atbysuchPelition, theundersigned willrequestthefollowingrelief: re-subdivision of merqed lots and variance from sideyard setback requirements for ex~stinq dwelliBg, 5. 'Thai the provisions of the Southold Town Zoning Code applicable to the relief sougilt by the under- signed are Article III Section 100-31 Bulk Schedule [ ] Section 280-A, New York Town Law for appr0va] of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in Ihe Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine tile same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: June '13, 1988 Petitioner Jean C. ' Holland Owners'Names:same as above. Post Office Address (No~) Vanston Road Cutchogue, New York,il935? NAM~ PROOFOF MAILING OFNOTICE ATTACH CERTIFIED MAIL RECEI~S ADDRESS STATE OF NEW YORK COUNTY OF SUFFOLK , binda 'Sinale ,' ,residingat Hampton BaYs, New York ' * , being duly sworn, deposes and says that on the 30~*~ , day of ~ ,: .~ .c tg' 88 . deponent mailed a true copy of the Notice se, forth on ~, re- verse side hereof, d~ec~ed ~o each ~he above-named persons at the addresses set opposite Iheir respecuve names; that the addresses ~1 opposite the names of said persons are the addresse~ of said persons as shown on the currem ass~sment roll of the Town of Soulhold; that said Notices were mailed al the United Stat~s Post Of- rice at ~jverhead ..; that said Nolices were mailed to each of said p~Sons by (This stde does not have' to be completed on form transmitted to adjoining property owners.) P 337 648 688 ~Grant H arr_i ~s ~n ul_' P 529 768 777 P 337 661 092 RECEIPT FOR CERTIFIED MAIL L. Grant trri so~ ~r. ~4 ~[. Paul's Place ,','£ ar NE~TE DEPARTMENT OF EN¥1RONMENTA/ PERMIT UNDER THE ENVIRONMENTAl CONSERVATION LAW [] ARTICLE 1S, (,,otecllno of Water) []' ARTICLE 25, (Tidal Wetlands) ARIICLE 24, (Freshwater Wellaods) [] ARTIC~.E 36, (Construction in Flood Ilazard Areas) I I'LRMII NO. 10-84-0678 PER'II ISSUED TO . /le~n i~ Do1 lnnrl ADDRESS OF PERMII1EE 3/~nnt-r~n Road.. RRI. BOX 86B Cutchogue, N.Y. 11935 LOCAIION OF FROIECT (Section of stream, tidal wetland, dam, building) _FJe~ldt~wbrot~k I,a & Sunset Road Nassau Point. Little HoR Neck, CutchoRue N.Y. DESCRIPIION Of PROJECT g.h,ltufnhnn rrpnrtn~ two lo~R from four with construction of a Drooosed SiDele family dwelling wtrh npp,,re~nnnr R~wn~ d~mpomnl myfl[em on one lo~ and retain existine single ___f~qm.J_Lv~wolltn?. nn I-t~o nthor-hnrh dwoll~n~,.~ lncat'ed landward of the lOt contour. COMMUNHY NAME (CII~, Town, Village) ~ I 1OWN ____~:,, r ~'hn~.o I Southold courtly leis C~MUNITY NO.' I DAM NO. PE~IT fXH~tlON DATE g,,rr-Lk , I 9/30/86 GENERAL CONDIIIONS I. 1be permlltee shall file in'the office of Ibe appmlx'late Regional re~mlt Administrator, a notice of In,eolian to commence work at least 48 hams in advance at the lime of commencement and shall also notlly him plomprty in writing of the completion of the work. 2. 1he permitted wmk shall be skbJecl to Inspection by an authorized gepresentatlve of the Department of Environmental Conservation who may ruder Ihs wmk suspended if the public Interest so requires. 3. As a condlllon of Iht issuance of Ibis permit, Ihs applicant has ac- (feted exples~ly, by the'execution d the application, the full legal lespon- ~lbillty for afl damages, direct or Indirect, of whatever nature, and by whom- ever suffered, a~lslng out of the I~lect described herein and has agreed to indemnity and save harmless the State tram suits, actions, damages and costs al every name and description resulting from the said project. 4. Any malarial d~edsed in Iht pfunecutlno of the wmk herein permitted shall be ~emoved evenly, without having large refuse plies, ridges across the bad of tim walofway m flood plain or deep holes that may have a tendency to cause Injury to navigable chenneb or to the banks of the waterway. S. An)' malarial Io be deposited or dumped under this permit, either Iff the walerway of on shore above riga-water mark, shall be deposited or dumped al the locality shown on the drawing hereto atlached, and, If so pes~rlbnd thereon, within or behind a good and substantial bulkhead m bulkheads, such as will ~'event escape of the material Into the waterway. &. 1here shall he'no unreasonable Inlerfofence with na¥1gallon.by the work herein authorized. f. thai if futae operatlors ~)' the State of New Yak requhe an a~tetatl~n Ia Ihs peslttno of the shuctum m work herein authorized, of If, In the opinion of the Department nd Environmental Conservation Il shall cause unreasonable obshoctlon to Ihs tree navlfatlna of said waters of Ilund,ll'ow~.of endanger Ibc health, safety of welfare o! the people of the Slate, of loss or delRucllon of Ilk. natural tesomces of the State, lite owner may he ordered by the Deplfl. men, Io remove of allof Iht slruclmal work, obstructions, or hezardu caused Ihefeby without expense lathe State~ end if, Ola~O the expiration or revocation of this permit, the stria:lire, fl,l, excavationF or other nlorliflcaliou of the watercourse hereby auth~lzed shall not be completed, the owmers shall, without expense to the Stale, end ~o s~ch extent end In such time and manner as the Department of Environmental Connarvatlno may require, remove all or any ~tton of the unconpleted structwe of fill ned restore to its former Condition the navigable e~d flood Capacity of the watercourse. No claim shall be made against the Stale of New York on accounl of any such removal or alteration. 8. That the State of Nee York shall In no case be liable to; any damage : or injury to the slructure or ~ork herein authorized which may he caused by or · result from futm'e operatlom undertaken by the Slate for the conservation or Improvement of navllallno, or for other purposes, and no claim or fight Io compensation shall accrue Imm any such damage. 9. 1her if the display of lights and signals on any work hereby aulhmlzed Is not otherwise ploy[deal forby law, such lighls and signals as ma)' be pre- scribed by the United States Coasl Guard shall be inslalled and maintained by and at Ihs expense of Ihs e~vnof. 10. All work carried oul Jnder this permit shall be performed in accor- dance with established engineering practice and in a workmanlike manner. I$. If granted under Articles 24 or 25, Ihs Deparlment reserves the right to reconsider this approval al any Ihoe and after due notice and hearing to continue, rescind or modify tits permit In such a manner as may be found to be Jusl and equitable. If uponlhe explratlno or revocation at this permit, the mndlflcatino of the wetland lereby authorized has not been completed, the applicant shall, without expeme to the State, and lo such exlent and in such time and manner as the Departnent of Envkonmenlal Conservation may fequhe, remove all of uny peftlon of fie uncompleted structure or fill and reslme the site to Ils former coedltlon. Ne claim shall be made aplnst the Stale o! New York on account of any such renoval or alteration. 12. This permit shall not h, construed as conveying to the applicant any dim to trespass upon the lund~ or Interfere with Ihs riparian rights of others to perform the permitted work Ir un authorizing the Impairment of any rights, title or Interest In real of pemnaJ ixoporty held or vested In a person not a perry to the permit. 13. The perndttee Is respmslble for obtaining any other permits, ap- pi'ovals, lands, easements aedtJghts-of-way which may he required for this project. 14. If granted trader Ar,IcingS, this permit la granted solely on the basis of the requirements of AItlcle )& of the Environmental Cnosofvation Law and Pelt S00 of & NYCRR (Conatroclno in Flood Plain Areas having Special Flood Hazards - Building Permits) eel in no way sionifles that the proJecl will be free from flnodlfll. 15. By acceldance of this permit tho permlttee agrees that the permit la contingent upon strict cnopllance with the special'ctmdltlona on the reverse side. · qs.'~o~ iq/Ts) · (SEE IEVEIISE SIDE) 51'ECI^L LUHOIUUIIS Attached Special Conditions A through J 'ERMI! ISSUE UAIE In~_n!:!-T_ L~-rk!n' 2/ '' I BLDG 40. SliMY M_ New York Stale Department o! Environmental Conservation Regulatory Affairs Unit - Region ] Bldg. 40, SUNY, Room 2]9 Stony Brook, NY 11794 (516) 751-7900 AMENDMENT TO PERMIT DC-c Henry G. Williams Commissioner Former Permit ~(~ .any): ___%~/Your recent request to extend the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that there has not been a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of ~he 9x~sting permit; therefore, the expiration date is extended to Your recent requ~t to modi~/the above permit'/has been reviewed pursuant to 6NYCRR, Part~21./,~"t has been determined that the proposed modifications will not sUb6v~a~tially change the scope of the permitted actions or the existing, p/~ conditions. Therefore, the permit i's amended~to authorize: This letter is an amendment to the original permit and as such, posted at the job site. Ail other terms and conditions Sent to: shall be remain aa written in the original'permit. Very truly yours, Dep~ Regional Permit Administrafor CONSULT YO4/~ LAWYER S SIGNING THiS INSTRUMlf4T--I'H~S INSTRU SHOULD II USED IY LAWYERS ONLY ,,.,,,, {39 THIS INDEa%"IXJRF~ made the 17Lb da)' of ,Ttlly . nineteen hundred and B£"~V~lrN ..q0Y L. B[{ICKE~f, residing at h~assau Point, Town of Suffolk County, New York, party of the first part, and _E. K _I~, HOLLAND and JEAN C. HOLLAND, m 1"4 parly of the second part, WffNF.~.~T~, that the party of the first part, in consideration of One and O0/lO0 ................ ....................................................... (~2. lawful money of the United Stale~, and other good and valual~le (:on.~ideral;~ on by the party of the second part, does hereby grant and release mit. thc party of the sec~m,t I':'~. the hei, · successors and assigns of the party of the second part h,rever. PARCEL I: I;hos · ~.!1. II~T,~ertaln plo$ pietY'or parcellof land. with the Imildings and improve.ne,,ts th..re.., er.'cted. I).i~va,Wh~,~ at Nea~au P~ or Little. Ho~ Neck, Town of' ~.,out~.lol., ~o~ty of 8mffolk and Sba~e of New York, known and design, Bed as ~. 3~7 and 328 on m certain map en$ibled, "Amended Map A of Nassau .Point, o~ed b2 NasBa~ Poin~ Ci~ Proper~ies, Inc., sl~e in tho Town o~ Bo~hcld~ Long Island, N~w York, s~veyed. June 28, 1922 by 0~o W. Van Tuyl, O.E. ~ S~veyor, ~reenpor~, New Yo~k", e. nd In the Offtoe of the OlePk'of ~he County of Suffolk on August i6, 1922 aa ~p ~o. 156. P~..O~ II: A~ ~hose certain plo~m, pieces or ~rcels of land, lying a~d ~eing m~ ~assau Point, T~ of Sou~hold, County of ta.e ~ g~ YO~ . ~0~, and de~.l~ted aa T,ot~ ~', a~d :':' (,, certain Sub-Dlvialon ~p ~f Peoperty off ~atd Walter C. Orable, on ~aaaau iolat, Peconic, ~ew Yo~k, ~de by Otto ~. Van 'Uuly, of G~eenport, ~ York,' Surveyo~;-'and~which '~p was fii~ -In ~he ~;.uf'f.:/; County Clerk's' Office on ~oril 19th, 1938 as ~p No. 12[:7. B~CT to covenants, restrlction~ and agreementa in deod~ :if reco~d, if ~ with I ri itle a d interest, il any, of the party af rat part i, and to any streets and roads abuttin~ the above described premises lo the center lines thereof, TOG~iti~R with the appurtenances and all the estate and rights of the party of the first part i~ and to Mid premises, TO HA~ ~ TO HOLD the premises herein granted unto the party of the second part, the heirs or su,:ces~ors I~l L~sl~ns of the party of the s,_x:ond part forever. AIqD the pasty of the first part covenants that the l~rty of the first p~rt has not done or suffered anything whereby the said premises have IX"eh incumbered in any way whateYer, except as aforesaid. ~ the lmrty of ~ first part, in ,~.~pliance with Section 13 ot' the L/en Law. covenants that the party the Ilest p~t ~ r~'ive the ~iderati<m for this conveyance and will hold the right to receive such consi eratk,n as a trust fund to be applied first for the purpose of paying the cost of the imprt~vement and w'h a ~ply the ~me first ~o the paymeat of the cost of the improvement before using any par~ of the total of the same for any other propose. The wot'd "l~ly" ~ b~ eo~lrued as if it read "p~rti~" whenever the ~nse ot this indem,are ~, requires. writt-,, Roy l~ 13r~.'oic~y O~ d~ 17thd~y d ~,.xly '~ 67, he~o~ = ROTARY ?UGUC, STATE Of MEW YORE say ~t he ~ ~ ~o. 441 19 , before me to me Imown to be the individual deSCribed in and who executed the {oreg~ng instrument, and acknowledged that etecuted the marne. On ~e d~y of 19 , beinre me peraoaally came to me knovm, who, being by tnt ~luly sworn, did depose and say that he resides at No. that he is the of · the corporation described in and which executed the foregoing instnsment; that he knows the ~cal o.~ laid corporation; that the seal affixed to maid instrument is such corporate ~eal; that it was so affixed by 'order o! tile board of directors of ~ai.d. eorpo, ra- taon, Ired tlmt ~e I~ed h name thereto by hkc oracr. WI I ti I~OVENANT AGAINS1 GItANIOIt%:~C.~_Sr Ti?ti NO. ,..~_,5~,~e7q '~, ROY L, BRIOKX~/ TO E.'KIRK~ollaud and wife SECTION ~ LOCI{: LOT COUNTY 01. TOWN of Southold RECORDED JUL 19 o II ,$ Y NORMAN E. KLIPP ~t~fk ~ S~/folk Couflt~ MEMORANDUM TO: Gerard P. Goehringer, Chairman FROM: Valerie Scopaz, Town Planner RE: Application # 3751 Jean C. Holland/Longnecker DATE: August 18, 1988 The Planning Board was unable to submit comments on this matter due to lack of information. The office does not have an application or information under the names indicated. If a subdivision matter is involved here, perhaps the hearing could be kept open until your next meeting. In the mean- time, your office's file could be reviewed. NAS-qAU POINT PROPERTY DWNERS ASSDCIATIDN P. O, Box 346 CUTCHOGUE, L.h, N. Y. llg 35 iugust 9,1988 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Southold Town Hall Southold, N.Y. 11971 Dear Mr. Goehringer: The Nassau Point Property O~ners Association (The Association) has been advised that Jean C. Holland is requestinE a variance to allow the division of one present lot (historically combining lots 327 and 328) and to combine into the divided lots two small lots 36 and 37 making two parcels ( one an undersized lot) and also requesting a variance from sideyard setback requirements for an existing dwelling. The Association appreciates this opportunity to address the Board with its objections to the granting of these variances. As you know, the Association has for decades been concerned about the fragile water supply and salt water intrusion on Nassau Point. This condition is on public record and in the Mattituck Traveller Watctlman issue of August 4,1988, Frank Bear, Chairman of the Southold Water Advisory Committee announced "... that he is working on a proposal to restrict water usage such as for water sprinklers and filling swdmming pools, in areas such as Nassau Point and Bayview that experience seasonal problems with salt water intrusion.~. There has been a great increase in the number of new homes on the Point and the Association has conducted water conservation and educational programs to help conserve the water supply. Zoning regulations allow building homes on preexisting lots but where the zoning laws require the granting of a~variance for splitting properties, the Association has been very active in supporting the zoning laws and the contesting of variances which would cause a further drain on the water supply. The Association appeared in opposition to similar variance request from Baglivi (10/16/80) and De Borger (3/12/81) and in both instances your Board denied requests for variances. In an application dated March 19,1984, the current applicant filed a similar request for variance and on December 5,1984, your Board denied the variance because "o. it would not be in the character of the neighborhood . o" aud for other reasons. In an application dated April 19,1985 a similar request for variance was made and on June 27, 1985 your Doard again denied this variance, commenting "... the water table in this area is fragile and will need the approval of the Suffolk County Department of Health Services". You also commented that "..additional relief is necessary for the set back of the exist- dwelling from the amended drawn line". The Association had written a letter requesting denial of these requests and was pleased to see the actions the Board took. ~ -2- ~assau Point Property ~Th~ ' ,wners Association Association has reviewed the current appeal Mo. 3751 dated July 1,1988 and has the following comments: The two presentl~ combined lots 327 and 328 are to the west of Lowland Road and lots 36 and 37 are to the east of the Road. Lowland Road is a Nassau Point Property Owners Association right of way and must be kept open. As a matter of fact, the Association owns lot 33 with access on this road and intends to retain this ownership and this access road by all legal means. It is felt that the attempt to combine lots on opposite sides of Lowland Road is a ploy to make the proposed divided lots appear to meet zoning size requirements. Every indication is that lots 36 and 37 are unbuildable as they are subject to periodic flooding. There are no homes on similar lots in this area and should not be considered as additions to lots on the east side of Lowland Road. The Association has discussed the combination of lots 36, 37, 327 and 328 with the Assessors Office of the Town of Southold and has been advised that lots on opposite sides of the road cannot be combined. 5 The applicant, Jean C. Holland Longnecker, does not reside on the subject property as after the death of her husband she married Thomas H. Longnecker Sr. and resides in a home at 4400 Vauston ~oad. The Association understands that the residence on the subject property has been rented to a third party on an annual basis. Under No. 1 on the reverse of the application, it is stated that the strict application of the ordinance would produce _oractical difficulties or unneccessary HARDSHIP because .... "applicant effectively owns four lots that have merged to create a grossly oversized parcel improved only by a single family dwelliuE~ This property was purchased by Holland in 1967 with full knowledge of the lots and zoning laws at that time. In subsequent years, several building permits were issued involving substantial renovations, additions and enlargements of the dwelling and out building on these joint ~vo lots. It is only recently at a time when land values have soared that there have been these efforts to divide the property. In addition, the appeal~states o.. "Applicant's predecessor in interest created the dixficulty that the Board is being called upon to rectify by constructing the home in which the applicant resides closer to the southerly dividing line between lots 327 and 328 thau was necessary to insure zoning compliance". This is a statement that may mislead the Board -- (a) the apolicant does not reside in the home on this property and (b) the applicant's predecessor did not create the difficulty by constructing the home too close to the southerly dividing line, he apparently made an informed decision to place the home astraddle the dividing line to assure that the house would alwa~s remain ou the two lots as one piece of property. The Association applauds that decision and hopes that the Board will honor the original owner's plan. ~assau P~int Property · -3- ~wners Association Also on Mo. 1 the aoplicant states that . . "the huge parcel is a burden on its ~wner". The Association determined from the Tax records that the combined lots 327 and 328 have an assessed value of Land ~ '~ - ~2,800 and Buildings ~8,700 for a combined value of 311,500. Using the Nassau Point combined 1987-88 Southold Town tax rate of (5429 per 81,000 of valuation the total tax on this combined property comes to about S~,900. If the property was divided, the tax on the piece containing the residence is estimated at 84,400 which means that the so-called "burden" would be reduced by $500 a year which after deduction for Federal and State tax purpose~is about ~350 or 330 a month. The word "burden" is misleading. If the applicant is concerned about "burden", it would seem that the entire property would be sold "as is" and all taxes, home upkeep, insurance, etc. on~.property which is used as a rent producing property rather then a prime residence would be eliminated. Apparently this is not the plan but instead there is an attempt being made to get a variance to divide the property making the sa~s proceeds for two lots much greater. This is not a "hardship" case~ Under No. 2 on the reverse of the application, the applicant states that the ha~ created is UNIQUE and is not shared by aI& properties alike in the i~mediate vicinity of this property and in this use district because ... applicant's pMoposed lots are nearly twice as large as the other lots in the immediate vicinity". This statement is not correct. Unfortunately, while the original developers of Nassau Point made some of the interior lots as small as one-half acre~ the ~aterfront properties are much larger and in the immediate vicinity of the applicant's property they are twice or more as large as the proposed lots, varying from ~o plus acres to twelve acres. The properties on either side of the said property are 2o3 and 3.0 acres. Testimony from neighbors and a review of the tax map vzill confirm this point. The Association has been involved in many similar cases over the years and has Ereat concern over the granting of variances to m~ce additional building lots available on Nassau Point for the financial benefit of the applicants and to the detriment o~ the water supply of the rest of the residents on the Point. Our intmedi~e concern for the future is that if this variance is granted for a division into ~o lots, the action will open the floodgates to divide other similar properties of which there are many on the Point. The Nassau Point Property Owners Asseciatiou representing over 300 households on the Point hopes that you will deny this application. Very truly~rs, ~~Fe g~r ,~~nt August 16, 1988 BY HAND Mr. Gerard P. Goehringer, Chairman, Town of Southold Board of Appeals South Town Hall, Main Road Southold, New York, 11971 Re: Jean C. Holland/Longnecker Zoning ~riance Application dated June 28, 1988 Dear Board of Appeals, Because of prior personal committments it will not be possible for me to attend the public hearing at which the a~ove will be discussed on Thursday, August 18, 1988. As such, I am here~by formally putting my objection to Mrs. Longnecker's applica'tion in writing in the hopes that the Board will consider this letter in lieu of a personal comment by me on Thursday evening. Briefly, my objections encompass the following points: Mis~representation - In;directly the applicant has led area neighbors to believe that her application will not result in the bulilding of a new home on her property - certainly over the short term. % This has generated a complacency on the part of some area property owners, resulting in their not objecting to her application. Water Problems/Prelcedence - As is well known, Nassau Point already suffers from water problems and regular salinity intrusion in a growing number of locales. Whereas I certainly support an individual's property rights when clearly defined (thereby accepting the continued development of Nassau Point), I must object when development applications are made which are not based upon clearly defined rights. At present, there are approximately 30 situations similar to Mrs. Longnecker's on Nassau Point,. where without zoning variances, further lot subdivisions could not occur.. As such, granting her application will set precedence for these other potential applications and, therefore, aggravate a development/water problem beyond which Nassau Point would normally have to cope with. Holland Hardship - I fail to understand "hardship" as used in Mrs. Longnecker's application. First, her house and land are worth well in excess of $1.0 million and is already being used by her as a "rental" property (and has been for some years). Secondly, when she bought this property back in 1967, she did so subject to prevailing, zoning and other restrictions. As such, she purchased knowing full well that the land's original two-house potential had been foregone by the placement of the house astride the interior bulilding lot line. To now claim "harshi~" twenty-one years later is rediculous to say the least. Parcelization - The application refers to lots 327, 328, 36, and 37. In point of fact lots 36 and 37 lie across and on the other side of a beach right of way which cannot be closed. To include those lots in her argument is, therefore, erroneous ~and misrepresentative. Lot Size - Mrs. Longnecker's representation that if granted, her new buildable lot will be larger than most in the area is not true when one differentiat~ between water-front and interior lots. At present, water-front lots in proximity to her 2.6 acre property range between 2 and 12 acres. Even my interior lot (200 feet distant from her land) is 0.7 acres. Stahel Hardship - At present, and particularly during the winter, I enjoy a limited water view from part of my property. If Mrs. Longnecker's application is approved I will lose that view and thereby suffer a direct loss in property value. Since when I bought my home some 18 months ago I did so with the assurance under prevailing zoning and other codes that I would retain an unobstructed water view, I st~rongly object to any zoning changes which will deprive me of this asset. Because of the above~ Imost strenuously object to Mrs.. Longnecker's application and respectfully request that the Board deny her petition. Very truly yours, Peter J. Stahel 3800 Yanston Road Nassau Point Cutchogue, New York DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE March 7, 1988 DAVID HARRIS, M.D., M.P.H. COMMiSSiONER Ms. Jean C. Holland Longnecker P. O. Box 86-B Cutchogue, New York 11935 Subject: Board of Review Hearing - February 11, 1988 Proposed Subdivision of Longnecker, Property Located South of Meadow Beach Lane and Sunset Road, Nassau Point, Town of Southold (SCT~ 1000-111-10-18-1) Dear Ms. Longnecker: At the hearing held on February 11, 1988, you had an opportunity to present your appeal of the department's ruling on the subject application. In accordance with the provisions of Article 2, Section 220, of the Suffolk County Sanitary Code, the determination of the Board of Review is as follows. Based on the information submitted, the Board will grant the request for a variance for the two lot development to utilize wells that are approximately 30 ft. into water. This approval is for parcels A & B only -- Lot #36 is considered to be part of either one or both of the parcels and is not to be considered as an additional building lot. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. Very truly yours, Robert A. Villa, P.E. Chairman, Board of Review RAV/pd cc: Walter G. Lindley 225 RABRO DRIVE EAST HAUPPAUGE, N.Y. tt7SS (516) 348-2900 WWM-026 {Rev. 6/86) SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES WASTEWATER MANAGEMENT SECTION SUFFOLK COUNTY CENTER RIVERHEAD, NEW YORK 11901 NOTICE OF NON-CONFORMANCE - REALTY SUBDIVISION OR DEVELOPMENT TO: This application is not being processed for approval because it does not conform with the requirements of Article 6 of the Suffolk County Sanitary Code. This Code requires that a realty subdivision or development comply with the following as marked: -']parcels to be served by public water and individual sewerage systems must have minimum lot areas of 20,000 square feet or equivalent yield, Section 605, Paragraphs 1.c. and 2.a. ]]parcels to be served by private wells and individual sewerage systems must have minimum lot areas of 40,000 square feet, Section 606, Paragraphs 1.e. and 3.a. ~parcels to be served by individual sewerage systems must have minimum lot areas of 40,000 square feet or equivalent yield, Section 606, Paragraphs 1.d. and 2.b. n~a community water system method of water supply is required when the realty subdivision or development is located within, or is reasonably accessible to, an existing water district or service area, Section 606, Paragraphs 1.a. and 1.b. I-'la community water system method of water supply is required when the groundwaters in the area are non-potable, or potentially hazardous, Section 606, Paragraph 1.d. 0ther/Comments For reconsideration, proof should be submitted that this project conforms with, or is exempt from, these requirements of Article 6 of the Suffolk County Sanitary Code. If this matter cannot be resolved, you may request a variance from these standards by applying to the Department's Board of Review (forms and instructions enclosed). Prior to applying to the Board of Review, the subdivision/development application must be completed. CC: Revi ewerB~'~ SUFFOLK COUNTY DEPAKTHENT OF HEALTH SERVICES DRINKING WATE~ SUPPLY SECTION Dat'e Requested (3) TEST WELL Street Community Appointment Date ~ / ~ /__ Day -~--/A3z-3 Time (3o) Map Coordinates (7) Township Code __ TBA TEH THU TlS TBR ~ TOS Location TRI TSH TSI __ TSM (20) __ COMM __ NCOM ~ PRIV TAX MAP NUMBER (14) District ~O· (13) Section (16) Block (17) Lot Well Driller Phone ~ELL (1) Test Well ~ .. 1 2 (23) S~di~ Lot (31) Depth ........ / .,..---~q-~.~9)/ - (33) Depth tO Wate~ (51) Sample Date ~ (54) Sample Tap Time Start Time Stop (~) (24) fO: go Elapsed Run Time _____~.__~;~e Gallons Per Minute /~ Depth Checked Yes · ~ No Sanitarian 3 4 -- Sample Type' Bact ~ Partial Chemical + MBAS '~ Small SCO SC Pest Other Z e?l COUNTY OF SUFFOLK ".' R Properly Tax Service Agency 0687225 ..ab 'No. ~ Date Received in Lab Field No. ~7 Public Water Date: ~ Private Water Time: Other J~l~l 1 2 ~87 '"~----~o_. Date Completed Col. By: .(Namemel ~'~initialnot initia s) Examined By ~ ~ SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES PUBLIC HEALTH LABORATORY CHEMICAL EXAMINATION OF WATER Owner or ~Name District ~ Point of Collection ~ ~F,.~I { ~l~l' ~ (1) Results Reported as Micrograms Per Liter. Partial [~ Complete [] Metals Only [] Director Field~ Public Water Date Private Water Time Other Col- By - - Date Completed Examined By ~ ~ SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES DIVISION OF MEDICAL LEGAL INVESTIGATIONS & FORENSIC SCIENCES PUBLIC HEALTH LABORATORY TRACE ORGAN7 ANALYSIS OF WATER Name Point of ~olleet£o~ ~ Remarks: Compound ppb Compound ppb_ 306 vinyl chloride ........ z 305 methylene chloride .... 290 bromoehloromethane ..... 323 1,1 dichloroethane .... 309 trans dichloroethylene- 300 chloroform ............ </ 324 1,2 dichloroethane .... al 321 1,1,1 trichloroethane zI 304 carbon tetrachloride.., z% 294 1 bromo 2 chloroethane ~1 405 1,2 dichloropropane .-. ~1 310 1,1,2 trichloroethylene < t 303 chlorodibromomethane .. z~ 293 1,2 dibromoethane ..... G I 420 2 bromo 1 chloropropane *~ 301 brbmoform ............. ~% 311 tetrachloroethylene ... <[ 308 ets dichloroethylene .. ~1 320 freon 113 ............. z 292 dibromomethane ........ ~ 307 1,1 dichloroethylene .. 302 bromodichloromethane .. - 406 2,3 dichloropropene .... 407 cis dichloropropene ... 408 traus dichloropropene · 322 1,1,2 trichloroethame ' 250 benzene ................ z/ 251 toluene ................ z~ 258 chlorobenzene ........... 259 ethylbenzene ............ ~/ 254 o-xylene ............... Z~ 252 m-xylene ............... Z% 253 p-xylene ............... ~% 255 total xylenes ............ 257 bromobenzene -- · 266 o-chlorotoluene ........ c% 267 m-chlorotoluene ........ al 268 p-chlorotoluene ........ ZI 265 total chlorotoluene .... - 419 1,3,5 trimethylbenzene zl 418 1,2,4 trimethylbenzene ~ ~ 415 m,p-dichlorobenzene .... ~ 412 o-dichlorobenzene ...... ~ ~ 432 p-diethylbenzene ....... ~1 435 1,2,4,5 tetramethylbenz' <l 437 1,2,4 trichlorobenzene · < ~ 438 1,2,3 trichlorobenzene z~ 409 1,1,1,2 tetrachl'oethane < % 430 1,2,2,3 tetrachl'propane - 295 s-tetrachloroethane ..... 431 1,1,1,2 tetrachl'propane -- 433 1,2,3 trichloropropane zt 1~.i284 FORM NO. 3 ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ PLEASE TAKE NOTICE that your application dated . .1'~.. g.e,.~.. ~ ......... 19 ..~.23. for penuit to -~c:'.:L"_:'-'t'./.~.".~~. ......................................... at Location of Property ..... . ......[,.,)...~Aa./~,~.. ~ ....... .~.~..t,s~,,., .... :' House ~o. ~'treet _ I ~ Hamlet CountvTax ~apNo. 1000 Section ... I/.I ........ Block .... I.q ....... Lot .. ~9..!.? .... ' / A~aJ Su~div~io~ ~.~. ~..A~il~ Map No .... ~ .~ ........ Lot No .... ~.~ Y ......... is rehlrned he.with and disapproved on the following grounds. ~:~. ~.. ~ ~.,. Building Inspector RV 1180 August 18, 1988 Vanston Road Nassau Point Cutchogue, N.Y. 11935 To: Board of Appeals - Town of Sonthold, N.Y. 11971 Gentlemen: We are concerned about the Holland-Longnecker case. Unfortunately business commitments keep us both from attending the Hearing of August 18th. We are aware that the Nassau Point Property Owners Association is strongly opposed to the splitting up of this property and we are also very much opposed to it. Our property is overlooking the Nature Conservancy and not far from the property in question. Thank you for your consideration in this matter. Sincerely, William and Adele Moiler MEMORANDUM TO: FROM: RE: DATE: Gerard P. Goehringer, Chairman Valerie Scopaz, Town Planner Application # 37_~51 Jean C. Holland/Lonqne~k~_r Au~gust 18, 1985 ' - The Planning Board was unable to submit comments on this matter due to lack of information. The office does not have an application or information under the names indicated. If a subdivision matter is involved here, perhaps the hearing could be kept open until your next meeting. In the mean- time, your office's file could be reviewed. Southold Town Board of Appeals MAIN ROAD- ~JTATE RDAD 25 SOUTHOLD, l.l., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI September 29, 1988 Anthony B. Tohill, Esq. 12 First Street P.O. Box 1330 Riverhead, NY 11901 Re: Appeal No. 3751 - Jean C. Holland-Longnecker Dear Mr. Tohill: Transmitted herewith for your information and update are copies of recent communications concerning the above matter. This matter will be concluded on October 6, 1988, without further oral testimony, effectually "sealing" the file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosures NASSAU POINT PRDPERTY OWNERS ASSOCIATION Box 346 OUTOHOGUE, L.I., N. Y. 119 ~S September 13,1988 Mr. Gerard P. Goehringer,Chairman Southold Town Board of Appeals Southold Town Hall Re: Variance application of Southold, N.Y. 11971 J. Holland Longnecker Dear Mr. Goehringer: We have received a copy of Mr. Tohill's letter of September 6, 1988 to your Board which states: "In supplement to my recent letter concerning the number of houses built on Nassau Point, pending the Holland/ Lcngnecker application, I should have mentioned that swimming pools and lawn sprinkler systems have been installed and continue to be installed at Nassau Point without restriction or limitation." Apparently, Mr. Tohill's position in this letter as well as the previous one is that because many more homes are being built on Nassau Point as well as swimming pools and lawn sprinkler systems, there should be no control over allowing the division of lots in violation cf the zoning laws. In other words - - we are using a lot of water now - what difference does it make if building lots are created that will use even more water? The Association will not accept that position and strongly supports the zoning laws which maintain low density zoning to the extent possible. Sw~mmtng pools in some cases and espec- ially automatic lawn sprinklers cause additional drains on our water supply and we look forward to the time when the Southold Water Advisory Committe and the Town of Southold will initiate restrictions on such water use. We recognize that established lots for buildings are available and at present there are no legal restrictions on pools and sprinkler systems but over the years by publicity and education we have advised our members of the importance and the methods of water conservation. We enclose a copy of one such publication on this subject -" Drop by Drop by Drop by" which explains our position and the reasons for it. We hope that the members of the Board will have an opportunity to review this booklet. Rather than accepting the division of lots on the Point, it is our pclicy to oppose all such requests for variance where they violate the zoning laws. We feel that by such actions we are taking steps in the right direction to conserve the Point's water supply for the present and future residents. We~pe that your Board and the Town of Southold will help us in. se efforts. dent NASSAU PE]INq'- pIRi'-IPERTY DWNEIRS ASSOCIATION P. E}. box 346 · Mr. Gerard P. Goehringer, Zoning Board of Appeals Town of Southold Southold Town Hall Main Road Southold, N.Y. 11971 Dear Mr. Goehringer: Chairman CIJTChOGIIE, L. I., N. Y. 11'::J3S September 12,1988 Re: Variance application of J. Holland Longnecker We have recently reviewed your files on the above variance request and wish to comment on certain materials which have been submitted by Anthony B. Tohill, attorney for the applicant. 1. Letter of September 2,1988 received by your office on September 6,1988 which states "...that since fil£ng of their application to the Zoning Board of Appeals thirty eight new homes have been built on Nassau Point and six additional are under construction at the present time." We would like to be able to confirm these numbers but as the letter does not define the period covered (i.e. since which application filed?) nor whether certificates of occupancy or building permits were counted, we are unable to check them. But the actual count is not important in this case and these numbers confirm the cause for our concerns. The numbers point up that there has been great growth in water consuming homes on the Point on legal, pre-existing buildable lots , a condition which is of great concern to the Nassau Point Property Owners Association. Zoning regulations allow this building but the Association because of this allowable growth feels it is extremely important to our community and to the Town of Southold that all requests to allow the creation of additional building lots and further drain on our water supply be vigorously contested. Salt water intrusion is a constant concern as testified by our Conservation Chairman, Mr. Joseph Burger who described at the hearing such recent intrusion on the Point. Mr. Tohill at the hearing stated that there was no planned building on the proposed lot but the map submitted by the applicant clearly show~ a "proposed" house. In this connection , we note in your files on the 1984 and 1985 variance requests, a letter from Mr. Lee Koppleman,Director of Planning for the County of Suffolk which states" The Board of Appeals should cautiously exercise its discretionary power in granting such substandard lot area variances which only serve to undermine the effectiveness of the zoning ordinance, alter the character of the area and establish a precedent for the continuance of such a practice." -2- Re: Jean H~and Longnecker Variance 2. An agreement dated September 7,1959 between Nassau Point Club Properties Inc. and Roy L. Brickey and Mary L. Brickey owners of lots 327 and 328 which describes the present house as being p~tially on lots 327 and 328. The agreement permits the erection o~ two dwelling houses on the combined lots 327 and 328. It does not provide for division of the combined two lots. There is no indication that the agreement received the approval of the Town of Southold. This agreement is dated before the September 11,1973 adoption of the Town of Southold Zoning Law and we feel that such law clearly supersedes such private agreements. This agreement was in the files on the two previous requests for variance which you denied. We have noted recent real estate newspaper ads for properties on Nassau Point which are stating or intimating that larger parcels can be divided. We are greatly concerned abou~ this trend and the result of this case on future variance requests to allow more buildable lots not meeting zoning requirements and subsequent further drain on the Point's water supply. We understand that you wish to have responses by September 22, 1988 and we hope to comply with your desires. If more information is presented by Mr. Tohill it may be difficult for our non-legal volunteers to review the material and respond within your time frame. We assure you that we will do our best but we hope that you will take into account the difficulties we face. Thank,you for the opportunity of responding to the additional material submitted by Mr. Tohill. Very t~yours, ~obe~r~eger~,President Sb. Paul's Place ~arden City, N. Y. 11530 September 16, 1988 To the Zoning Board of Appeals Town of Southold, Main Road Southold, N.Y. 11971 Attention: Gerard P. Goehringer, Chairman Re: Appeal of Jean C. Holland, #3751 As owner of the adjacent property to the south of Mrs~ Jean C. itolland, I wish to bring to the attention of the Board some state- ments made by Mr. Anthony B. Tohill on behalf of the Jean C. Holland Appeal #3751 which I believe are inconsistent with the appeal and also with the facts. Mr. Tohill stated repeatedly during the August 18~ 1988 hearing that Mrs. Holland had no intention of building on the proposed sub- divided lot in 1983 and again in 1988. However, as was pointed out at the hearing, the 1988 survey map shows a proposed house. Addition- ally, the D.E.C. Permit # 10-84-0678, ( extended to Dec. 1988 ) shows the applicant as intending to build on the new lot #228. Please see enclosures "A" and "B". As was nointed out at the hearings, the Holland house on lO~s #32? and #228 is not "closer to the southerly dividing line than was necess- ary to ensure zoning compliance"~ but actually over-rides it. This was true when Mrs. Holland became co-owner in been further extended over this southerly The proposed lot, 40,000 square feet, 1967 and the house has since dividing line. See enclosure is not twice as large as the other lots in the immediate vicinity as stated in the appeal. The other lots in the immediate vicinity are: the Lewis property, 3.1 acres; the Harrison property, 2.2 acres, and the Blair ~ro~erty, 1.1 acres. These properties all contain multi-storied houses. The other nearby smaller lots are land-locked and East of Sunset Lane from the Holland property and contain single story houses. They include the Stahel, McLoughlin, ~eehan and Longnecker properties. See enclosure "C". -2- Mr. Tohill has acknowledged that Mrs. Holland Lon~necker has been residing with Mr. Longnecker at his house located at 4400 Vanston Road since their marriage. The Holland house therefore, is not the dwelling in which she actually resides as stated in the a~Deal. The Holland house has, in fact, been used as both a summer and winter rental income Droducing property. The threat that this sub-division presents to our already fragile water suDply is considerable if subdivisions are allowed to continue. Witness the recent Southold Water Advisory Committee report. I respectfully reiterate my strong and concerned opposition to Mrs. Holland Longnecker's appeal. Sin~rely, ~. J. Grant Harrison. PERMIT ISSUED TO ADDRESS OF ~ERMITTEE IpE~MI?HO, ,E~ .TE DEP^RT~EHT OF ENVlROHMEHT^L COHS~ 10-86-0678 PERMIT UNDER'THE ENVIRONMENTAL cONSERVATION LAW ARTICLE IS, (troMdlon of Water) ~" ARTICLE 2S, (Tidal Wetlands) ARTICLE 24, (Freptmntor Wetlands) J~] AETIC~LE 3S, (Conet~'uctlon In Fined Ilaaefd Areas) Vnn~[nn Road.. RRI. Box 86B CutchoRue, N.Y. 11935 LOCATION OF FROJECT (Section of stream, tidal welland, dam, polldlflg) H~ndovhrflok La &Sungot: Road Nassau Point. Little Ho~ Neck. Cutcho~ue DESCRIPTION OF PROJECT FnmJlv d~nllqna ~n ~hn ~h~r-~n~h dvnilJn~ ln~a~d lnndvard of the lO~ contour. C~MUNI~ N~ME (Cily, T~ VlHape) ~ ] TO~N ~,tchogtle , [ Southold ' COU~Y [FIA C~MUNI~ NO,' [ OIM HO. Suffolk I . . I - 9/30/86 GENERAL COHDIIIONS 1. The permlttee shall file In 'the office of the approplsto ReRIonal Permit Admlnlutretor, I notice of intention to commence work It least 48 hours in advance of Ihs time of comntensemont and shall also notify him promptly in writing of the completion of the wnck, 2. The permitted work shell be subject to Inspection by an authorized representative of Ihs Oepertmeof of Environmental Conservation who may mmder the work SUSpended if the public Interest es requiren. ~. As a condition of the Issuance of this permit, the applicant has ac. cepred expressly, by tha~exncutlon of the application, the full legal ruspen- sibilily fur all damps, direct or indirect, of whatever nature, and by whom. ever suffered, attains old of the project described herein and his agreed to indemnify and save harmless the State from suits, actions, damages and costa of every name and description resulting from the said project. 4. Any material dredsed In the pruencutlon of the week herein permlttod shall be removed evenly, without leaving large refuse plies, ridges across Ihs bed of the waterway or flood plain or deep holes that may have a tondeucy to cause Injmmy lo navigable channels or to the banks of the wutefway. S. Any material lo be deppslted or dumped under this permit, either lu the waterway or on ehoro above hlgb-wuter mfk, shell he deposited or dumped ut the locality shown on the drewln$ hereto iltuch~ iud, If so prescribed thereon, within or behind a good led substantial bulkhead or bulkheads, such es will prevent escape of the mterlai into the waterway. S. There shall he'on uoreasenable interference with navigation by the wmk herein eu~hor'iaed. ~'; That if ~uture operations Ky the State of Hew York require in aiteretl~n in the pnaltlon of the slfnctltre or ~ herein authorized, or if, in the opinion of the Dopadumnt of Eovifonmuttl Conservation it shall cause unreasonable obstruction to the free flay git o41 of said watetR or f ood,f(ows ? endanger the health, safely of welfare of the people d Iha State, or loss of deqlructlon of the naturaJ resomcee of the SIite, Ihs owner my he ordered by the D~part. umnt to remove or allot lbo structural wmh, obstructions, or hazards caused thereby without expense to the Slate; lad if, g~n the exphutlon or revocation of this permit, the etrnctwe, fill~ eucsvutioflt or other mndlticallon of the walefcourse hereby euthoriznd shoal hot be completed, the owflere shall, without expense tp the State, and (~o such extent sed In such time led manner as the Depertment of Environmental Cnoservutlon may ~equtre, remove Ill ur any pmlino of the uncompleted strocluro or fill and restore 1o its former condition tho navigable and flood Capacity of the watorcommse. 14o claim shall he made against tho State of Hew York on account of Shy such removal or alteration. 8. That the Slate of New York shall In flu case he liable ~ any damaRe or injury to the slructure mm work herein authmmlzed which may he caused by or result from future operations nodortahen by the State for the conservation or Improvemaut of navigation, or 'for other putposea~ arid flu claim of riehl to compensation shall accrue from any such damage, 0. That if lite display of lights sod signals on any work hereby authorized Is not otherwise provided for by law, such lights and signals as may be pre- acrlhod by the United Slates Coast Guard shall ho Inslallod and meintained by sed it tho expense of the owner. 10. All work carried out under this permit shall ho performed Iff accor- dance with established engineering practice nod Iff e workluenllke manner. 11. If granted under Articles 24 or 2S~ the Department reserves Ihs right to reconsider this approval al any lime and ariel due notice and hearing to continue, rescind or modify this permit In such a manner RS may be found to be just and equitable. If upon the expiration or revocation of this permit, the modification of the wetland hereby authorlzod has Rot been completed, Ihs applicant shall, without expense to Iha State, and to such extent and In such time and manner as the Department of Environmental Conservation may requhe, remove all or any portion of the uncompleted slruclure or fill and restore the sits lo Ils turner condition. No claim shall ho made stalnsl the Slate of New York on account of any such removal or alteration. 12. This permit shall nut be construed ss conveylns lo tho applicant any right to trespass upon the lands or lute/fern with the rtporlen fights of others to perform the permitted w~k of us authorities the Impelononl of any rights, title or Interest in runl or personal property held of vested In a person not a party to the permit. 13. The penolttee is responsible fat obtainin~ any other permits, ap. I~OVlld, ldnds~ onseumnts and rights.of-way which may be required for this pfoJucI. 14. If granted under ,Article 36, this permit Is granted solely on the basis of the requirements of Article ~$ of the Envhonmental Conservation Law and Pqrt SO0 of $ NYCRR (Construction In Flood Plain ,Areas having Special Fined flnzlrds - Building Permits) and in no wly signlfld! that the Project will be free from fldndlng. IS. By acceptance of this permit the permlttee agrees that the permit is Contingent upon strict complisnce with Ihs epeclsi'conditions on the reverse side. (SEE~Y~E SLOE) New York State Department o! Environmental Conservation Regulatory Affairs Unit Region I Bldg. 40, SUNY, Room 219 Stony Brook, NY 11794 (516) 751-7900 AMENDMENT TO PERMIT Henry G. Williams Commissioner Former Permit ~(~ any): ~f"Your recent request to extend the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that there has not been a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the 9x~sting permit; therefore, the expiration date is extended to /2</~//~'- ~ Your recent requ~t to modi~/the above permit has been reviewed pursuant to 6NYCRR, Part~21../~t has been determined that the proposed modifications will not suD~-htially change the scope of the permitted actions or the existing p/~m~ conditions./ _~ Therefore, the permit i's amended~to authorize.. This letter posted at All other Sent to: is an amendment to the original permit and as such, shall be the job site. '- terms and conditions remain as written in the original permit. Very truly yours, DePu.~y Regional Permit Administrator APPEALS ROARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals HAIN ROAD- BTATE ROAD 25 50UTHOLD, L.h, N.Y, ]1971 TELEPHONE (516) 765-1809 December 19, 1988 Anthony B. Tohill, P.C. 12 First Street P.O. Box 1330 Riverhead, NY 11901 Re: Appeal No. 3751 - Jean C. Holland-Longnecker Draft Declaration of Covenants and Restrictions Dear Mr. Tohill: This letter will confirm that the following action was taken by the Board of Appeals at our Special Meeting held on December 16, 1988 concerning the above matter: RESOLVED, to accept the Declaration of Covenants and Restrictions as drafted and revised by Anthony B. Tohill, P.C. December 16, 1988, in accordance with this Board's conditions rendered under Appeal No. 3751 in the Matter of JEAN C. HOLLAND-LONGNECKER. This resolution was duly adopted. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ANTHONY B. TOHILL, P. O. December 16, 1988 Southold Town Board of Appeals Main Road Southold, New York 11971 Attn: Ms. Linda Kowalski Re: Appeal No. 3751 - Jean C. Dear Linda: Here is on Lots 36 and 37. "(2)" ABT/wgf enclosure Holland-Longnecker a revised declaration increasing the requirements The change appears in the paragraph numbered Very truly yours, Anthony B. Tohill DECLARATION by JEAN C. Cutchogue, THIS DECLARATION made this day of December, 1988 HOLLAND residing at (No. #) Vanston Road, Nassau Point, hereinafter called "Declarant". WHEREAS the Declarant is the owner of certain real property situate at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: Ail those certain plots, pieces or parcels of land with buildings and improvements thereon erected situate lying and being at Nassau Point, Town of Southold, County of Suffolk and State of New York known and designated as Lot Nos. 327 and 328 on a certain map entitled "Amended Map A of Nassau Point owned by Nassau Club Properties, Inc. situate in the Town of Southold, Long Island, New York, surveyed June 28, 1922 by Otto W. Van Tuyl and filed in the office of the Clerk of the County of Suffolk on August 16, 1922 as Map No. 156 and all those certain plots, pieces or parcels of land situate lying and being at Nassau Point, Town of Southold, County of Suffolk and State of New York, known and designated as lots 36 and 37 on a certain subdivision map of property of said Walter C. Grabie situate at Nassau Point, Cutchogue, Town of Southold, County of Suffolk and State of New York made by Otto W. Van Tuyl of Greenport, New York, Surveyor and which map was filed in the Suffolk County Clerk's Office on April 19, 1938 as Map No. 1257" and WHEREAS the Declarant has made applicatiOn to the Zoning Board of Appeals of the Town of Southold for a variance to allow the subdivision of the subject above-described premises, and WHEREAS for and in consideration of the granting of the requested variances, the Zoning Board of Appeals has deemed it to be in the best interest of the Town of Southold that the within Declaration of Covenants and Restrictions be imposed on said property and as a condition of said approval the Zoning Board of Appeals has required that the within declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS the Declarant has considered the foregoing and desires to make, execute and file the within declaration; NOW THEREFORE, THIS DECLARATION: W I TNE S S E T H: That the Declarant for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that said property hereinabove described shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: (1) No new structure or part thereof or expansion of any existing structure shall be located within twen- ty (20) feet northerly and southerly of the common division line between lots 327 and 328 aforesaid as said common division line is modified and relocated on a certain map of proposed set-off of property surveyed for Jean Longnecker prepared by Roderick Van Tuyl and dated June 29, 1987 and as said modification and relo- cation of said division line was approved by determi- nation of the Zoning Board of Appeals rendered Novem- ber 16, 1988 under Appeal #3751. (2) Lots 36 and 37 aforesaid shall not be at any time improved with structures, buildings, or dwellings of any kind except docks, bulkheads, rip-rap and similar accessory structures as permitted by applicable regula- tory authorities. The within declaration may not be annuled, waived, changed or modified unless and until approved by -2- resolution of the Zoning Board of Appeals of the Town of Southold. IN WITNESS WHEREOF, the Declarant has executed this Declaration the day and year first above written. Jean Holland STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On the day of December 1988, before me personally came JEAN HOLLAND, to me known to be the individual described in and who executed the foregoing DECLARATION, and acknowledged that she executed the same. Notary Public -3- Mailing List Hearings of August 18, 1988 Southold Town Board of Appeals Copies to the following on or about 8/1/88: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Town Clerk Bulletin Board Mrs. Carol Maguire (HaDd DeliverY) P.O. Box 1027 Cutchogue, NY 11935 Seymour S. and Merle Levine 100 Bayview Avenue Northport, NY 11768 Lynn Theresa Cahalan, Esq. Anthony B. Tohill, Esq., P.C. 12 First Street, Box 1330 Riverhead, NY 11901 As Attorneys for Jean Longnecker (Holland) J. Grant Harrison, M.D. 14 St. Paul's Place Garden City, NY 11530 (Re: Longnecker-Holland Application) Mr. W.S. Gardner Nassau Point Property Owners Association P.O. Box 975 Cutchogue, NY 11935 (Re: Longnecker-Holland A~plication) Mr. John Amisano, Architect (for Vinent Gerosa) 72 North Village Avenue Rockville Centre, NY 11570 Mr. William Klatsky (Re: Henry Smith and Timothy Coffe¥) 5044 Expressway Drive South Ronkonkoma, NY 11779 Karen J. Stretz, Esq. Wickham, Wickham & Bressler, (Re: William Baxter, Jr.) Main Road, Box 1424 Mattituck, NY 11952 PoCo Messrs. Andre and Thomas Cybuslki c/o Mrs. MaryAnn Cybulski (hand delivered) Individual Board Members with copies of file information JUDITH T. TERRY TOWN CLERK R£GISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: $outhold Town Zonin§ Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: July 1, 1988 Transmitted herewith is Zoning Appeal No. Jean C. Holland 3751 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 · application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry ~nllthnlr'l Tnv~n ~l~rb' HAND CARRIED ANTHONY ]~. TOHILL, R (~. June 28, 1988 Southold Town Board of Appeals Town Hall Main Road Southold, NY 11971 Attention: Linda Kowalski Re: Application of Jean C. Holland Dear Ms. Kowalski: Enclosed herein please find: 1. 2. 3. 4. Notice of Disapproval dated December 8, 1983; Application for mincr subdivision in triplicate; Copies of Notices to Adjacent Property owners; Short form environmental assessment form signed by Anthony B. Tohill, P.C.; 5. SEQRA negative environmental declaration dated September 13, 1984; 6. Denial of Planning Board Application dated May 9, 7. DEC permit Number 10-84-0678; 8. Amendment to DEC permit dated December 7, 1987; 9. Suplementary Special conditions to permit Number 10-84-0678; 10. Questionnaire to be filed with the ZBA; 11. Health Department Board of Review grant of variance dated March 7, 1988; 12. Four (4) copies of survey of subject property by Roderick Van Tuyl, dated June 29, 1987; 1984; Southold Page 2 June 28, Town Board of Appeals 1988 13. Our check for $150 representing the filing fee for the within application; and 14. Certified mail receipts of William Baxter and L. Grant Harrison. Please be advised that, if necessary, the Certificate of Occupancy for the existing structure will be provided subsequently. Please also note that the Board of Health Application is currently pending before the Board of Health as the Board of Review variance was granted March 7, 1988. As soon as we receive Board of Health approval, notice of same will be forwarded to the ZBA. If you have any questions, please call me at the above number. .. Very--~t~uly yOd'~ s, ,~ ~ LgNN THERESA CAHALAN its Enclosures PoSo Further to your query by letter dated June 8, 1988, please be advised that the square footage of Parcels A and B, noted on the survey as 55,660 square feet and 40,000 square feet respectively, do not include the square footage of Lots 36 and 37. However, as noted on Ms. Holland's application, the lots on the westerly side of Lowland Road have merged with the owner's lots on the easterly side of Lowland Road and are included as part of the application for the redivision of the land. LTC APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals IVlAIN ROAD- STATE RnAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765 1809 Dear Board Members: Please find attached Declaration of Covenants and Restrictions prepared by Anthony B. Tohill, P.C. and received today in the Matter of Jean C. Holland-Longnecker for their re-division of land at Nassau Point. lk 1/31/89 ANTHONY B. TO}riLL, P. G. January 26, 1989 Mrs. Jean C. Longnecker P. O. Box 86B Cutchogue, New York 11935 Dear Mrs. Longnecker: I am enclosing the original copy of the Declaration dated December 19, 1988, establishing the restrictions required by the Zoning Board of Appeals as that declaration was recorded at Liber 10765, Page 490 of the Suffolk County Clerk's Office on December 29, 1988. I am copying this letter with a copy of the recorded declaration to the Zoning Board of Appeals of the Town of Southold. Very truly yours, ABT/wgf Anthony B. Tohill cc: Southold Town Board of Appeals/ Attn: Ms. Linda Kowalski Re:Appeal No. 3751 - Jean C. Holland Longnecker THIS DECLARATION made this I~~ day of December, 1988 by JEAN C. HOLLAND residing at (No. #) Vanston Road, Nassau Point, Cutchogue, hereinafter called "Declarant". WHEREAS the Declarant is the owner of certain real property situate at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: b$o Ail those certain plots, pieces or parcels of land with buildings and improvements thereon erected situate lying and being at Nassau Point, Town of Southold, County of Suffolk and State of New York known and designated as Lot Nos. 327 and 328 on a certain map entitled "Amended Map A of Nassau Point owned by Nassau Club Properties, Inc. situate in the Town of Southold, Long Island, New York, surveyed June 28, 1922 by Otto W. Van Tuyl and filed in the office of the Clerk of the County of Suffolk on August 16, 1922 as Map No. 156 and all those certain plots, pieces or parcels of land situate lying and being at Nassau Point, Town of Southold, County of Suffolk and State of New York, known and designated as lots 36 and 37 on a certain subdivision map of property of'said Walter C. Grabie situate at Nassau Point, Cutchogue, Town of Southold, County of Suffolk and State of New York made by Otto W. Van Tuyl of Greenport, New York, Surveyor and which map was filed in the Suffolk County Clerk's Office on April 19, 1938 as Map No. 1257" and WHEREAS the Declarant has made application to the Zoning Board of Appeals of the Town of Southold for a variance to allow the subdivision of the subject above-described premises, and WHEREAS for and in consideration of the granting of the requested variances, the Zoning Board of Appeals has deemed it to be in the best interest of the Town of Southold that the within Declaration of Covenants and Restrictions be imposed on SCTM 1000-111-10-1 and 18 said property and as a condition of said approval the Zoning Board of Appeals has required that the within declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS the Declarant has considered the foregoing and desires to make, execute and file the within declaration; NOW THEREFORE, THIS DECLARATION: WI TN E S S ET H: That the Declarant for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that said property hereinabove described shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: (1) No new structure or part thereof or expansion of any existing structure shall be located within twen- ty (20) feet northerly and southerly of the common division line between lots 327 and 328 aforesaid as said common division line is modified and relocated on a certain map of proposed set-off of property surveyed for Jean Longnecker prepared by Roderick Van Tuyl and dated June 29, 1987 and as said modification and relo- cation of said division line was approved by determi- nation of the Zoning Board of Appeals rendered Novem- ber 16, 1988 under Appeal #3751. (2) Lots 36 and 37 aforesaid shall not be at any time improved with structures, buildings, or dwellings of any kind except docks, bulkheads, rip-rap and similar accessory structures as permitted by applicable regula- tory authorities. The within declaration may not be annuled, waived, changed or modified unless and until approved by -2- resolution of the Zoning Board of Appeals of the Town of Southold. IN WITNESS WHEREOF, the Declarant has executed this Declaration the day and year first above written. Jean Holland STATE OF NEW YORK ) : SS.: COUNTY OF SUFFOLK ) On the day of December 1988, before me personally came JEAN HOLLAND, to me known to be the individual described in and who executed the foregoing DECLARATION, and acknowledged that she executed the same. Notary Public -3- Jean C. Holland, Declarant DECLARATION Record and Return to: ANTHONY B. TOHILL, P.C. REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practicoldifficultlesorunneces- sary HARDSHIP becouse applicant effectively owns four lots that have merged to create a grossly oversized parcel improved only by a single family dwelling. Applicant's predecessor in interest created the difficulty that the Board is being called upon to rectify by constructing the home in which applicant resides closer to the southerly dividing line between lots 327 & 328 than was necessary to insure zoning compliance. The huge parcel is a burden on its owner. A re-subdivision into two parcels, both of which would still be oversized, does not offend the character of the neighborhood, and would do substantial justice to the applicant as well as her neighbors. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because applicants proposed lots are nearly twice as large as the other lots in the immediate vicinity. 3. The Variance would observe the ~irit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed re-subdivision creates two oversized lots which would each be larger than almost any other lot in the neighborhood. The proposed action would, in fact, restore applicant's land to conformity with the original plan of the initial grantor. In addition, the applicant is willing to protect the character of the district and honor the concerns of her neighbors by covenanting not to improve lots 36 and 37, except to permit approved docking activity. COUNTY OF Suffolk ) Sianature Jean C. HoIland Sworn to this ..............................................do¥ of .......................... 19 88 · Notary Public TOWN OF $OUTHOLD, NEW YOR~K APPEAL FROM DECISION OF BUILDING INSPECTOR DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, X~eX .J. ean...C,...HalZar, d ............................ of ..(~...o..#.)...y..a...n..s..~..o..n.....R..9.~.~. ............................... Name of Appellant Street and Number ............ ?.e...c.o...q.J:..c.. ....................................................................... ~ ................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR M..i...n..o..r.....S...u..b...d.i..v..i..s.~.o..nDATED .....1..$./.8../..8...3. ................................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Jean C. Holland Name of Applicant for permit of (No.#) Vanston Road, Peconic, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to re-subdivide land into two conforming parcels 1. LOCATION OF THE PROPERTY iN.Q~.k...V.a~kQrM.~.~,..,..~....N...Y.......A.r..R..e...s.;./...A.g.~icul. Street Use District on Zoning Map M/O Walter Grabil (36-37) ....S./.O.....N...a..s_ .s..a_u.....P...t_...,....S..e_C..r.....C....{..3..2_ .7. ~ ....3..%.8.) Map No. Lot No. Owner: Jean C. Holland, Purchased: 7/17/67 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III, §100-31 Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No...~23. C1 .................... Dated ...... 3,/.l~,/.8.4. ............................................... 3361 4/19/85 ) X) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested forthe reasonthat applicant seeks permission to re-subdivide the subject property, presently improved with a single family dwelling and detached garage into two lots, and variance from sideyard setback requirements for existing dwelling. Form ZB1 (Continue on other side) ~OWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, X~ .J. ean...C~...Hmlla~d ............................ of ..(..N..o..#.)....V-a...n..s..~..o..n.....R..9..a..~. ............................... Name of Appellon~ Street and Number Municipality NY ............................ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Jean C. Holland Name of Applicant for permit of ...................................... Street and Number Municipolit¥ State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to re-subdivide land into two conforming parce~ 1. LOCATION OF THE PROPERTY iN~]~.V~aD~.Q~(;1~.~Y~.~.r~.~.e~.~:~/.~g~icu~. Street Use District on Zoning Map M/O Walter Grabil (36-37) .. M/.0.... ,..a..s...s..a. ...I..3. Map No. Lot No. Owner: Jean C. Holland, Purchased: 7/17/67 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III, §100-31 Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of lhe Building Inspector or with respect to this property, Such appeol was ( ) request for a special permit ( ) request for a variance and was made in Appeal No, ,,~23.0 .................... Dated ...... 3,C19,l, 8.~. ............................................... 3361 4/19/85 ) X) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested forthe reasonthat applicant seeks permission to re-subdivide the subject property, presently improved with a single family dwelling and detached garage into two lots, and variance from sideyard setback requirements for existing dwelling. Form ZB1 (Continue on other side) REASON FOR APPEALI Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicoldifficultiesorunneces- sary HARDSHIP becouse applicant effectively owns four lots that have merged to create a grossly oversized parcel improved only by a single family dwelling. Applicant's predecessor in interest created the difficulty that the Board is being called upon to rectify by constructing the home in which applicant resides closer to the southerly dividing line between lots 327 & 328 than was necessary to insure zoning compliance. The huge parcel is a burden on its owner. A re-subdivision into two parcels, both of which would still be oversized, does not offend the character of the neighborhood, and would do substantial justice to the applicant as well as her neighbors. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because applicants proposed lots are nearly twice as large as the other lots in the immediate vicinity. 3. The Variance would observe the spirit ofthe O~inonce and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed re-subdivision creates two oversized lots which would each be larger than almost any other lot in the neighborhood. The proposed action would, in fact, restore applicant's land to conformity with the original plan of the initial grantor. In addition, the applicant is willing to protect the character of the district and honor the concerns of her neighbors by covenanting not to improve lots 36 and 37, except to permit approved docking activity. Sianature COUNTY OF Suffolk ) Jean C. HoIland Sworn to this ............................. --. ................ day of ................. . 19 88 . Notary Public ANTHony B BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Petition of JEAN C. HOLLAND to the Board of Appeals of the Town of Southold TO: See attached NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance)~C~le~l~K~k~Yt,~.~i~R~x~D~a%~f-~x [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: SCTM#1000-111-10-p/o 18 3. That the property which is the subject of such Petition is located in the following zoning district: A- Residential/Agricultural 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: re-subdivision of merged lots and variance from sideyard setback requirement~ for ex~sting dwelling. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-31 Bulk Schedule [ ] Secti0, Z80-A, New York Tow, Law for approval of access over ri§ht(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be flied in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma}, then and there examine the same during regular office hours. (516) 745-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: June ~13, 1988 Petitioner Jean C. Holland Owners ' Names: same as above Post Office Address (No#) Vanston Road Cutchogue, New York,il935 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: , nda Sinqle ,residing at ff mpton Bay~,, New York , being duly sworn, deposeS and says thai on the 30~ day of ~. ~,c ,19 88 .deponent maileda truecopy of the Noticeset forth on there- verse side hereof, directed to each of the above-named persons at the addresses set opposite lheir respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of $outhold; that said Notices were mailed at the United States Post Of- fice at Riv~rhead ; that said Notices were mailed to each of said persons by (cer tified)~lle~l~ mail. (This side does not have' to be completed on property owners.) form transmitted to adjoining P 337 648 688 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR iNTERNATIONAL MAIL (See Reverse) 1. Grant Harrison P 0 S~a~e and ZIP Code ;arden City, NY 11530 Postage S Return hecemtt Sh~ ) 1 June 29, 1988 P 337 646 689 RECEIPT FO~t:H i~'FIED MAIL NO INSURANCE COVERAGE PROVIDED NOT EOR INTERNATIONAL MA~L (See Reverse) ~ William J. Baxter --lnurose Way-Mead Poi P 0 Slate and ZIP Code Greenwich, CT 06930 June 29, 1988 nt BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oi the Petition of JEAN C. HOLLAND to the Board of Appeals of the Town of Somhold TO: Mr. & Mrs.William J. Baxter 6 Windrose.Way Mead Point Greenwich, CT 06830 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (~rlMe:~i~E:~l~:~n~:~re~i~lcllroYR~H~cx~L:'v~ [circle choice] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: SCTM#1000-111-10- p/o 18 3. ] hat the property which is the subject of such Petition is located in the following zoning district: A-Residential/Aqricultural 4.1hatbysuchPetition, theundersigned wiUrequestthefollowingrelief: re-subdivision of merqed lots and variance from sideyard setback requirements for existinq dwellinq. $. l'hal the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-31 Bulk Schedule [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. lhat within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the 5outhold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. ~eti/tioner Jean C. Holland Owners ' Name s: same as above Post Office Address _(No#) Vanston Road ~ o+~ k~New York BOARD OF APPEALS, TOWN O1~ SOUTHOLD In the Matter or' the Petition of JEAN C. HOLLAND I_p tile Board of Appeals of the Town of Southold IO: I,. Grant llarrison 14 St. Paul's Place Garden City, New York 11530 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: ~' 1. 'ihat it is tire intention of the nndersigned to petitioo tile Board of Appeals of tile l'own of Suuthold 2. 'lhat the property which is the subjecl of the Petition is located adjacenl to your property and is des- ('lil,cdasfolh,ws: SCTM ~lO00-111-10p/o 1§ I hal lhe property which is the subject of such I'elilh,u is located ill Ihe fullowiog ZOlliUg (list,Jcl: A-Residential/Aqri c~1 ft~rnl 4. lhat by such Petition, the undersigned will request lhe followiogrelief: re-subdivision of merged lots and varlanc~ frmrn m~dmyar¢] ~Fhmr~k r~u/~r_e~ ~ for existing dwelling. 5. I hat the provisions of the Southold Town Zoning Code applicable to the relief sought by tile uuder- siR,ed ale Article III Section 100-31 Bulk Schedule [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. Il,at within five days from the date hereof, a written Petition requesting the relief specified above will he filed i. the Southold Town Clerk's Office at Main Road. Southold, New York and you may then and there exan,ine the same during regular office hours. (516) 7~5-1809. 7. Thai before the relief soughl may be granted, a public hearing must be held on tile matter by the Ih, ard of Appeals; Ihat a notice of such hearing must be published al least five days prior to the date of such hearing in the Suffolk Times and in Ihe Long Island Traveler-Maltiluck Walchman, newspapers published in the '1 owtt of Soulhold and designated for tile publication of such notices; that you or your represenlatlve have Ihe right to appear and be heard at such hearing. Dated: Oune~<~,, 1988 Pet er Jean C. Holland 0w~ers'NameS:same as ~ove PostOfficeAddress fNo #1Vanston Road Cutchogue, New York 11935 mission of thts ~orm, and an e,vtr'unmental Eeview'will be made by this bo.~ before any actio, is Ca~. SHORT ~NVl ~9~ENT~L (a) In order to answer the questions in thin shaft £AF !~ ~ a~mumed t~at the ]~ely ~cts of the action, l~ is not e~ected that additional stu.iis~, rqs~arch (b) If any question has been answered Yes ~h~ proJoc~ ~,y La si~lficnn~ (c) If all questions hays been answered No 1~ is likely %~% ~hts projec~ ~S~ ~gniflcan%. 1. Will DroJec~ reset in a large [hysical to the project site .r physically alter more t~n lO acre~ of land? , , , , . . . Yes X 2. Will there ~o a ~Jor change to any ~ique or .3. Will project alter or have a largo el'fmct on an existing body of water? . , , , , &. WLll p:'cJcct have a potentially )arge L~c~ on W~i projec~ significantly effect, drainage 6, Will proJec% affect any ~eatene~ or endangered plant or anita, al ~pecies? , , . . , 7. W~l pro~ec: result in a major ad'zcrse effect W~i project have a major effec~ on visual 9. Will project adversely ~pac% any site o~ ute of historic, pro-nlscoric~ or lmport3nco or any site desig~a~ed as a critical envircnmen~l area h7 a local agency? . . . 10. W~I pre Jet% haw a ~Jor effect on exi~4gg or 11. W~ll projec~ result in ~Jor traffic pro~lems 12. Will proJec~ reg~arl7 cause ohJac%lonab]. noise, glare, viDrat!on, or elec~.rlcal 1~. Will proJec~ have any impac~ on public health or directly c~u~ln~ a ~rc~h in perm~nen~ pop~- period or have a maJo~ n~ga%ive effect on 15. Is there pub~~7 concerning the project? PRE['~{~ R' 3 SICNAT~E~ ;~f~'NESE~ITIIIG: ~qan C,~ Holland Yeo X Yes X --~ l'es X N~ · Yes X No Yes --X- I;¢: Yam X ? ~, A_~t_9o_rney for Applicant TI.L... . .... ., arch. DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK EUFFOLK COUNTY EXECUTIVE March 7, 1988 DAVID HARRIS, M.D., M.P.H. Ms. Jean C. Holland Longnecker P. O. Box 86-B Cutchogue, New York 11935 Subject: Board of Review Rearing - February 11, 1988 Proposed Subdivision of Lon~necker, Property Located South of Readow BeachLane and Sunset Road, Nassau Point, Town of Southold (SCT~ 1000-111-10-18-1) Dear Ms. Longnecker: At the hearing held on February 11, 1988, you had an opportunity to present your appeal of the department's ruling on the subject application. In accordance with the provisions of Article 2, Section 220, of the Suffolk County Sanitary Code, the determination of the Board of Review is as follows. Based on the information submitted, the Board will grant the request for a variance for the two lot development to utilize wells that are approximately 30 ft. into water. This approval is for parcels A & B only -- Lot #36 is considered to be part of either one or both of the parcels and is not to be considered as an additional building lot. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. Very truly yours, Robert A. Villa, P.E. Chairman, Board of REview RAV/pd cc: Walter G. Lindley NE~TE DEPARTHEHT OF ENVIRONMENTAL CONSF~,~ PERMIT / I P£~MIT NO. 10-84-0678 UNDER THE ENVIRONMENTAL CONSERVATION LAW [] ARTICLE 1S, (Prolection of Water) []' ARTICLE 2S, (Tidal Wetlands) ARTICLE 24, (Freshwater Wetlands) [] ARTIC_LE 3&, (Couet~nctlon In Flood Hazard Areas) PERMIT ISSUED TO T,~,~,-, c Holland ADDRESS OF PERMIT[EE Vnn~tnn Road.. RR1. Box ~B Cutchogue, N.Y. 11935 LOCATION OF PROJECT (Section of stream, tidal wetland, dam, building) Mmndnwhrnok La & Sunset Road Nassau Point. Little Hom Neck. Cutchoeue N.Y. DESCRIPTION OF PROJECT m,h~lv~eqnn ,-roarfng two lots from four with construction of a ProPosed sinele family HwolltnE w~rh mpp,trro~Anr ~AE~ d~sposal system on one lot and retain existine sinele ~mm~lv dt~llJne mn rhm nrhmr-hmrh dwe11Jn~s ]mmated landward of the 10' contour. COMMUNII~ N~ME (City, Tow~ Village) - TOWN c,,t~h~te $outh01d COUNTY J FIA COMMUNIIY NO~ ' DAM NO. I PERMIT EXPIRATION DATE Suf'~ol k J J . 9/30/86 GENERAL CONDITIONS 1. The permlltee shall file in 'the office of the appropriate ReSIDual Permit Administrator, a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall also notify him promptly in writing of the completion of the work. 2. The permitted work shall be subject to inspection by an authorized representative of the Deportment of Environmental Consewatiofl who may order the work suspended if the public interest so requires. 3. As a conditlno of the Issuance of this permit, the applicant has ac* cepted expressly, by the execution of the application, the full leqal respon- sibility for all damages, direct or indirect, of whatever nature, and by whom- ever suffered, arising out of the project described herein and has asrend Io indemnify and save harmless the State from suits, actions, damales and costs of every name and description resulting from the said project. 4. Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of the waterway or flood plain or deep holes that may have e tendency to cause injury to navigable channels or to the banks of the waterway. S. Any material Io he deposited or dumped under this permit, either in the walerway or on shore above high-wuter mark, shall be deposited or dumped at the locality shown on the drawing hereto attached, and, If so prescribed thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 6. There shall be' no unreasonable interterence with navigation by the v.~'k herein authorized. 7'~ That if future operations by the State of New York require an alteration In the position of the structure ur wurk herein euthorised, or if, in the opinion of the Department of Environmental Coasewatlon II shall cause unreasonable obsb'uction to Ihe free onvisutiofl of said waters or flood ~fl:Dw~ .or endanser the health, safety or welfare of the people of the State, ur loss or destruction of Ihe nalural resources of the State, the owner may he ordered by the Depart. meat to remove or alter the slructural work, obstructions, or hazards caused thereby without exponse to the State; and If, upon the expiration or revocation of Ibis permit, the structure, fill, excavation, or other modification of the wute~course hereby authorized shall not be completed, the owosre shall, without exponse to the State, and t.o such extent and in such time and manner · as the Depactment of Environmental Cooservutlno may require, remove all or any potion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall he made agaiost the State of New York on account of any such removal or alteration. 8. That the State of New York shall in no case be liable for any damese or injury to the structure or wo;k herein authorized which may be caused by or result from future oporatloos undertaken by the State fo; the conservation or improvement of navisaUon, or for other purposes, and fiD claim or right to compensation shall accrue from any such damage. 9. That If the display of IIshts and signals on any work hereby authurized is nut nthenvise provided for by law, such lishts and signals as may be pre*. scribed by the United States Coast Guard shall he installed and maintained by and at the expense of the owner. 10. All work carried out under this permit shall he performed in actor* dance with established ensineorlag practice and in a workmanlike manner. 11. if Srantnd under Articles 24 or 25, the Department reserves the righl to reconsider this approval at any time and after due notice and hearing to continue, rescind or modify this permit in such a manner as may he found fo be Just and equitable. If upon the expiration or revocation of this permit, the medlflcutlon of the wetland hereby authurlzed has not been completed, Ihe applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of EnvlronmentaICooservution may require, remove all or any portion of the uncompleted structure or fill and restore Ihe site to its furmer condition. No claim shall be made against the State of New York on account of any such removal or alteration. 12. This permit shall not be construed as conveyins to the applicant any risht to trespass upon the lands or interfere with the riparian rtsMa of others to pofform the permitted work or as authorizing the impairment of any rlgMs, title or Interest In real or personal property herd or vested In a person not a party to the permit. 13o The permittee is responsible for obtaining any other permits, ap. provals, lands, easements and rishts-of.way which may he required for this project. 14. if srented wider Article 36, this permit is stunted solely on the basis of the requirements of Article 36 of the Envirenmentai Conservation Law and Part 500 of & NYCRR (Constructino in Flood Plain Areas hevin8 Special Flood Hazards - Building Permits) and Iff no way aIsnifles that the project will he tree from flooding. 15. By acceptance of this permit the pormittee asroes that the permit is crmtinseut upon strict compliance with the special'conditions on the reverse side. ' 0S--20~4 i9/7S) (SEE REVERSE SIDE) Attached Special Conditions A through J PERMIT ISSUE DATE 8/23184 PERMIT ADMINISTRATOR ~~.~ ADDRESS lno~ic! T_ T:arki~.''~ -~/ "~w~'~)l BLDG 40. SITNY @ STO_.wy -~-~_OOE, New York State Department of Environmental Conservation Regulatory Affairs Unit - Region I Bldg. 40, SUNY, Room 219 Stony Brook, NY 11794 (516) 751-7900 AMENDMENT TO PERMIT Henry G. Williams Commissioner Former Permit ~ any): ~;f"Your recent request to extend the above permit has been reviewed pursuant to 6N¥CRR, Part 621. It has been determined that there has not been a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the ~x[sting permit; therefore, the expiration date is extended to Your recent requ~t to modi~/the above permit'/has been reviewed pursuant to 6NYCRR, Part~621. /l~t has been determined that the proposed modifications will not su~. tial~¥ change the scope of the permitted actions or the existing p/~f~ conditions. Therefore, the permit fs amended~to authorize: This letter is an amendment to the original permit and as such, shall be posted at the job site. Ail other terms and conditions remain as written in the original permit. Very truly yours, Deputy Regional Permit Administrator Sent to: R. SUPPLEIi~ffAP.¥ SPECIAL CO[~ITIOII5 The following conditions apply to all permits: If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address and telephone noted below. A copy of this permit or approval and approved project plans and supplement- ary conditions shall be available at the project site whenever authorized work is in progress. The permit sign enclosed with the permit or a copy of approval letter shall be protected from the weather and posted in a conspicious location at the work site until completion of authorized work. At least 48 hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt form certifying that he is fully aware of and understands all provisions and conditions of this permit. Within one week of completion of the permitted work the bottom portion of that form shall also be completed and returned. For projects involving activities to be accomplished over a period or more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours to the commencement of resumption of work each year. If project design modifications take place after permit issuance, the permlttee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require submiss- ion of a new application for permit. Ail necessary precautions shall be taken to preclude contamination of any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coating, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, New York District, 26 Federal Plaza, New York }tY 10007, (Attention Regulatory Functions Branch), prior to commencing work authorized herein. The granting of this permit does not relieve the permittee of the responsib- ility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire. State Plaza, Albany, NY 12242, which may be required for any encroachment upon State-owned lands under water. Regional Permit Administrator NYS Department of Environmental Con~. Bldg. 40, SUNY--Room 219 Stony Brook, NY 11794 (516) 751-7900 DEC # 10-84-0676 NO. ~ TOWN OF $OUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy THIS CERTIFIES that the building located at... ~/~~ ;._..~ ~. ~'~ Street Map No.~.. Block No...~ ..... Lot l~o...; ............................. confor~ substantially to the Application for B~lding Permit heretofore f~ in ~ office dated ..... ~-~. ~.~ ...... , 19 ~. pursuant to whic~ Bufl~g Pe~it No ......... dated ....... ~ .(~ ....... , 19~]., was ~sued, ~d co~o~s to ~ of ~e req~ ments of the applicable provisions of the law. The ocqup~cy for which ~is ce~ificate issued ~... ~C~1... ~~.~:~" ........ ~ ............. ~e ce~ificate is issued to.././~...~:'.~ .... ~'": ............ (owner, lessee or ten,t) of the aforesaid building. S~olk County Dep~tment of Heal~ Approval UNDERWRITERS CERTIFICA~ No .... ~ ....................................... HOUSE NUMBER ... ~. ~.... Street .................. [... Building Inspector FOKM NO. 4 TOWN OF $OUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificnte Of Occupnncy No. z..63.6.Q ...... Date ............. ~.a.r.c.h....~.3 .... , 19..7.5. THIS CERTIFIES that the building located at .~/S..¥an~.to~. ~d .......... Street Map No. ~.a.s..s .,. 2t... Block No ........... Lot No..3.27. ?...~.2.8.....C.u.~9.h.o.g.u..e...~., .~., conforms substantially to the Application for Building Permit heretofore filed in this office June 12 7~ 7_~1Z dated .......... Sep~t ...12 .~, 197~. pursuant to wh'~ch Building Permit No. June 12 ?~+ dated .......... Se~t...12 ..., 19.~.~ ., was issued, and conforms to all o~ the require- ments of the applicable provisions o£ the law. The occupancy ~or which this certificate is The certificate is issued to $:.K. :H..o.l.l.a..n.d ......0.vn..er' ....................... (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . .N.:R... .............................. UNDERWRITERS CERTIFICATE No. p.e.n.d..i.ng. ................................... HOUSE NUMBER ... ~.9.90 ...... Street . .V.~.t~..i~Q .~d .......................... Building InspectOr FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No..Z. 3.4-55 .... Date .......... Apt. il ....15, ..... , 19 69. THIS CERTIFIES that the building located at Pvt, Rd. off .Vanston Rd.. Street Map No. ~assau. P.t, Block No ........... Lot No..Cutchogua,..N. X ............... Prop. conforms substantially to the Application for Building Permit heretofore filed in this office dated ... November...21,..., 19.68. pursuant to which Building Permit No...413.6..Z dated ... November...21, .... , 19.68, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .. p~:ivate .ona .family. d~ellin~ ..................................... The certificate is issued to . ?.K...Holland ........................................ (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval .................................... Building Inspf6tor C. GF~A~IE p'ECONiC , N.Y.~ 6'¢ ~/e ii~. = TOWN 0~' ~.o~Jm'~Ol..O. INI.N¢'. QUEST!ONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulati0ns, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conserva. tion, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, Itel. 516-751-7900), if you have checked Box ~1 and/or Box #6 below~ Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approve please provide our office with a copy [with the conditions) us early as possible in order that we may continue processing your Z.B.Ao application. [ l [ ] i ] I x] [ ] 5. ! ] ~. [ ] 7. I. Waterfront without bulkheading 2..Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length '3. Not located within 300~ of waterfront or wetlands area May be located within 300~ of waterfront or wetlands area; however, the following structure separates my property from this environmental area: [ ] 50' existing road [ ] existing structures [ x] bluff area more than 10~ in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75~ from ,the landward edge of tidal wetlands/waterfront areas. This proposed addition/e×pansion of an existinO building will NOT be more than 75~ froal the landward edge of tidal wetlands/waterfro~t area. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of tile project and wetland areas, it would help expedite the processing of your ,applica- tion. This questionnaire is made to explain the requirements of this 5tare Law and to prevent any unnecessary delays in processi~g your application(s). SLaY Southold. N.Y. 11971 (516) 765-1938 May 9, 1984 Mr. Michael Hall, esq. Youngs Avenue Southold, NY 11971 Re: Jean C. Holland minor subdivision Dear Mr. Hall: The following action was taken by the Southold Town Planning Board at the regular meeting of May 7, 1984. RESOLVED that the Southold Town Planning Board deny the application of Jean C. Holland to subdivide property located at Nassau Point, Cutchogue due to insufficient area, (100-31). If you have any questions, please feel free to contact this office. Very truly yours, dc: Zoning Board of Appeals BENNETT ORLOWSKI, JR. ACTING CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze,Secretary Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-t809 APPEALS BOARD MEMBERS September 13, 1984 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · R . Q . R .A . SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3230 PROJECT NA/ViE: JEAN C. HOT,TAND This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II ~] Unlisted [ ] DESCRIPTION OF ACTION: Re-divide 2 10ts /area/width LOCATION OF PROJECT: Town of Southold, County of Suffolk, m6re particularly known as: Vanston Road~ Nassau Point~_Cutchogue~ NY County Tax Map Parcel #1000-111-10-18 & 1 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Approval has been obtained from the N.Y.S. Department of Environ- mental Conservation and/or the Suffolk County Department of Health Services. (3) Relief requested is not directly related to new construction. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Sou h ld B ard of Appeals MAIN ROAD- STATE ROAD 25 SOLJTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 336l Application Dated April 19, 1985 (Public TO: Michael J. Hall, Esq. as Attorney for MRS. JEAN C. HOLLAND Youngs Avenue Southold, NY 11971 Hearings 5/23/85 and 6/13/85) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on June 19, 1985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III , Section ]00-3], Bulk Schedule [ ] Request for Application for JEAN C. HOLLAND, by M.J. Hall, Esq., Youngs Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sec- tion lO0-31 and Bulk Schedule, for approval of insufficient lot area and width of two proposed parcels located at Lowland Road, Meadow Beach Lane, and Sunset Road, Nassau Point Map Section C, Lots 327 and 328, and Walter Grabie Map, Lots 36 and 37; Cutchogue, NY; County Tax Map Dis- trict lO00, Section lll, Block 10, Lots 18, 1 and 2. WHEREAS, a public hearing was held on May 23, 1985 and June 13, 1985, at which time the hearing was concluded; and WHEREAS, the board has considered all testimony and documentation in the record concerning this application; and WHEREAS, the board made the following findings of fact: 1. The property in question is located at the west side of Sunset Road and the south side of Meadow Beach Lane, Nassau Point, Cutchogue, New York, is located in an "A-80" Residential and Agricultural Zoning District, and is more particularly identified as Lots 327 and 328, Nassau Point Map Section C dated August 16, 1922, containing a total area of 95,660 sq. ft., and Lots 36 and 37,.Map of Walter Grabie, dated April 19, 1938, containing a total area of 21,107 sq. ft. (including underwater land); and identified on the Suffolk County Tax Maps as District lO00, Section lll, B]ock 10, Lot 18, and Lots 1 and 2, respectively. 2. By this application, appellant proposes a re-division of the subject property into two lots: (al parcel "A" which is improved with a single-family, 1½-story frame house and accessory garage located in the frontyard area, of an area of 61,525 [55,660 upper area and 5,865 lower area] sq. ft.; {b) parcel "B" which is vacant of an area of 55,242 sq. ft. [40,000 sq. ft. upper area and 15,242 lower area], and a lot width of 93 feet. 3. In considering the maps submitted as amended June 12, 1985, the dwelling which exists will have a setback from the proposed (CONTINUED ON PAGE TWO) DATED: June 21, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS ~-Appeal No. 3 .r of JEAN C. HOLLAND ~sion Rendered June 19, 1985 division line (sideyard) of four feet, which is at variance from 'the current bulk requirements of a minimum of 20 feet in the "A-80" District (15 feet in the "A-40" District). 4. For the record, it is noted that the premises was purchased July 17, 1967, and that since that time, several building permits have been issued permitting substantial renovations and enlargement of the dwelling on Lots 327 and 328, jointly. 5. Applicant has submitted a Declaration of Covenants and Restrictions in legal, recordable form which would restrict all structures, buildings or dwelling(s) of any kind, except docks and bulkheads as permitted by codes, upon Lots 36 and 37, Map of Walter C. Grabie [referred therein as "Parcel II"]. 6. Suffolk County Department of Health Services communications dated June 17, 1985, indicates that Article VI approval for this division of land is required, and that to date, an application has not been filed. In considering this appeal, the board has determined chat the application as applied must be denied for the following reasons: (1) additional relief is necessary for the setback of the existing dwelling from the amended division line, and such amendment is beyond the scope of the original notice of hearing; (2) the water table in this area is fragile and such a division of land will require reviews and approval under Article VI, "Realty Sub- divisions and Developments" as indicated by the Suffolk County Department of Health Services. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the relief as requested in the Matter of the Application for JEAN C. HOLLAND, Appeal No. $361, BE AND IIEREBY IS DENIED WITHOUT PREJUDICE to reapply after receiving Suffolk County Department of Health Services, Article VI, approval. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was adopted by unanimous vote of the four members present. lk GERARD P. GOEHRINGER, C~IRMAN June 27, 1985 MAIN ROAD- STATE ROAD l~S SOIJTHDLD. L.~., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALs Appeal No. 3230 Application Dated March ]9, TO: Michael 0. Ha]], Esq. for JEAN C. HOt[AND ¥0ungs Avenue $0uth0]d, NY ]]97] 1984 (Public Hearing October 25, 1984) ( Planning Board A.tio. May p!m ntlsl as Attorney At a Meeting of the Zoning Board of Appeals held on November ~9, ]984 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to'Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning ordinance Article III ,.Section ]00-31 [ ] Request for Upon application of JEAN C. HOLLAND, Vanston Road, Cutchogue, NY (by M. Hall, Esq.) for a Varian%e' to the Zoning Ordinance, Article III, Section lO0-31, for approval of insufficient area and width of parcels in this proposed division of land known as Lots 36 and 37 on Map of W.C. Grabie at Nassau Point, and Lots 327 and 328 on Map of Nassau Point Club Properties (Section C), Lowland Road, Cutchogue, NY; Count~ Tax Map Parcels No. lO00-111-10-1 and 18. The board made the following findings and determination: This is an appeal from Article III, Section 100-31, Bulk Schedule of the Zoning Code for approval of insufficient area and width of two proposed parcels, the most northerly lot of 58,000± sq. ft. (47,000 ± east of Lowland Road and l],O00 sq. ft. west of Lowland Road) and the southerly lot of 56,200± sq. ft. (46,200± east of Lowland Roa~ and lO,O00± sq. ft. west of Lowland Road). The lot width of the southerly parcel is to be 121 feet along Sunset Road. The northerly parcel is a corner lot as defined under Section 100-13 and meets the requirements of a minimum of 175' lot width of the current zoning code. The northerly parcel as proposed is improved with a 1½-story, one-family dwelling, which will have a setback from the.southerly lot line of 15 feet, and existing at the northeasterly (frontyard) area is an accessory storage/garage structure 44' from Meadow Beach Lane. The southerly parcel as proposed is vacant. The board members have personally visited the site in question and are familiar with the character of this residential neighborhood. The board members have taken all testimony at the public hearing of October 25, 1984, into consideration in rendering this determination. For the record, it is noted that the applicants purchased the subject premises July 17, 1967. Since that time, several building permits have been issued permitting substantial renovations and enlargement of the dwelling on these two lots, jointly. It is the determination of this board that: (a) this proposal (CONTINUED ON PAGE TWO) DATED: December 5, 1984. Form ZB4 (rev. 12/81) CIIAIRMAN, SOUTtIOLD TOWN'ZONING BOARD OF APPEALS Page 2-Appeal No. Matter of JEAN C. Decision Rendered 3ZaO HOLLAND November 29, 1 984 would not be, within the character of this neighborhood because of its configurations; (b) the setback of the existing dwelling would be insufficient and would not meet the requirements of zoning for a 50-foot rearyard; (c) the evidence submitted is not sufficient to justify the granting of the relief as requested; .(d! in view of the manner in which the difficulty arose and in considering all of the above, the interests of justice would not be served by allowing the variance as applied. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was the relief as requested under Appeal No. 3230 C. HOLLAND, BE AND HEREBY IS DENIE~D WITHOUT RESOLVED, that in the Matter of JEAN PREJUDICE as applied. Location of Property: Lots 328 and 327, Map of Nassau Point Club Properties (Section C); Lots 36 and 37, Map of Walter C. Grabie Subdivision; County Tax Map Parcel No. lO00-111-10-O01 and 018. Vote of the Board: Ayes: Messrs. Goehringer,'Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. GO ,NGE,./CNA, MAN December lk August 16, 1988 BY HAND Mr. Gerard P. Goehringer, Chairman, Town of Southold Board of Appeals South Town Hall, Main Road Southold, New York, 11971 Re: Jean C. Holland/Longnecker Zoning ~riance Application dated June 28, 1988 Dear Board of Appeals, Because of prior personal committments it will not be possible for me to attend the public hearing at which the a~ove will be discussed on Thursday, August 18, 1988. As such, I am here~by formally putting my objection to Mrs. Longnecker's application in writing in the hopes that the Board will consider this letter in lieu of a personal comment by me on Thursday evening. Briefly, my objections encompass the following points: Mis~representation - In;directly the applicant has led area neighbors to believe that her application will not result in the bulilding of a new home on her property - certainly over the short term. % This has generated a complacency on the part of some area property owners, resultinc in their not objecting to her application. Water Problems/Prelcedence - As is well known, Nassau Point already suffers from water problems and regular salinity intrusion in a growing number of locales. Whereas I certainly support an individual's property rights when clearly defined (thereby accepting the continued development of Nassau Point), I must object when development applications are made which are not based upon clearly defined rights. At present, there are approximately 30 situations similar to Mrs. Longnecker's on Nassau Point,. where without zoning variances, further lot subdivisions could not occur.. As such, granting her application will set precedence for these other potential applications and, therefore, aggravate a development/water problem beyond which Nassau Point would normally have to cope with. Holland Hardship - I fail to understand "hardship" as used in Mrs. Longnecker's application. First, her house and land are worth well in excess of $1.0 million and is already being used by her as a "rental" property (and has been for some years). Secondly, when she bought this property back in 1967, she did so subject to prevailing, zoning and other restrictions. As such, she purchased knowing full well that the land's original two-house potential had been foregone by the placement of the house astride the interior bulilding lot line. To now claim "harshi~" twenty-one years later is rediculous to say the least. Parcelization - The application refers to lots 327, 328, 36, and 37. In point of fact lots 36 and 37 lie across and on the other side of a beach right of way which cannot be closed. To include those lots in her argument is, therefore, erroneous ~and misrepresentative. Lot Size - Mrs. Longnecker's representation that if granted, her new buildable lot will be larger than most in the area is not true when one differentiates between water-front and interior lots. At present, water-front lots in proximity to her 2.6 acre property range between 2 and 12 acres. Even my interior lot (200 feet distant from her land) is 0.7 acres. Stahel Hardship - At present, and particularly during the winter, I enjoy a limited water view from part of my property. If Mrs. Longnecker's application is approved I will lose that view and thereby suffer a direct loss in property value. Since when I bought my home some 18 months ago I did so with the assurance under prevailing zoning and other codes that I would retain an unobstructed water view, I st~rongly object to any zoning changes which will deprive me of this asset. Because of the above,~ Imost strenuously object to Mrs. Longnecker's application and respectfully request that the Board deny her petition. Very truly yours, Peter J. Stahel 3800 Yanston Road Nassau Point Cutchogue, New York NAE~-::;AU PnlNT PRE]PERTY FIWNEIRS AS~i-IP. IATII'-IN P. O. Box 346 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Southold Town Hall Southold, N.Y. 11971 Dear Mr. Goehringer: CUTCHOGUE, L.I., N. Y. 11935 August 9,1988 The Nassau Point Property Owners Association (The Association) has been advised that Jean C. Holland is reauestinE a variance to allow the division of one present lot (histor£cally combining lots 327 and 328) and to combine into the divided lots ~o small lots 36 and 37 making two parcels ( one an undersized lot) and also requesting a variance from sideyard setback requirements for an existing dwelling. The Association appreciates this opportunity to address the Board with its objections to the granting of these variances. As ~ou know, the Association has for decades been concerned about the fragile water supply and salt water intrusion on Nassau Point. This condition is on public record and in the Mattituck Traveller Watchman issue of August 4,1988, Frank Bear, Chairman of the Southold Water Advisory Committee announced "... that he is working on a proposal to restrict water usage such as for water sprinklers and filling swimming pools, in areas such as Nassau Point and Bayview that experience seasonal problems with salt water intrusion.~. There has been a great increase in the numbe~ of new homes on"the Point and the Association has conducted water conservation and educational programs to help conserve the water supply. Zoning regulations allow building homes on preexisting lots but where the zoning laws require the granting of a~variance for splitting properties, the Association has been very active in supporting the zoning laws and the contesting o£ variances which would cause a further drain on the water supply. The Association appeared in opposition to similar variance request from Baglivi (10/16/80) and De Borger (3/12/81) and in both instances your Board denied requests for variances. In an application dated March 19,1984, the current applicant filed a similar request for variance and on December 5,1984, your Board denied the variance because ".o it would not be in the character of the neighborhood . ." and for other reasons. In an application dated April 19,1985 a similar request for variance was made and on June 27, 1985 your Doard again denied this variance, commenting "... the water table in this area is fragile and will need the approval of the Suffolk County Department of Health Services". You also commented that "..additional relief is necessary for the set back of the exist- dwelling from the amended drawn line". The Association had written a letter requesting denial of these requests and was pleased to see the actions the Board took. /-~. -2- Uassau Point Property "The' Ow'hers Association Association has reviewed the current appeal No. 3751 dated July 1,1988 and has the following cormuents: The two presently combined lots 327 and 328 are to the ~st of Lowland Road and lots 36 and 37 are to the ~st of the Road. Lowland Road is a Nassau Point Property Owners Association right of way and must be kept open. As a matter of fact, the Association owns lot 33 with access on this road and intends to retain this ownership and this access road by all legal means, it is felt that the attempt to combine lots on opposite sides of Lowland Road is a ploy to make the prooosed divided lots appear to meet zoning size requirements. E~ery indication is that lots 36 and 37 are unbuildable as they are subject to periodic flooding. There are no homes on similar lots in this area and should not be considered as additions to lots on the east side of Lowland Road. The Association has discussed the combination of lots 36, 37, 327 and 328 with the Assessors Office of the Town of Southold and has been advised that lots on opposite sides of the road cannot be combined. e The applicant, Jean C. Holland Longnecker, does not reside on the subject property as after the death of her husband she married Thomas H. Longnecker Sr. and resides in a ~ome at 4400 Vanstou ~oado The Association understands that the residence on the subject property has been rented to a third party on an annual basis. Under No. 1 on the reverse of the application, it is stated that the strict application of the ordinance would produce oractical difficulties or unneccessary M~P~SHIP because .... ~applicant effectively owns four lots that have merged to create a grossly oversized parcel improved only by a single famil~ dwelliuE~ This prooerty was ourchased by Helland in 19~7 with full knowledge ~f the lot~ and zoning laws at that time. In subsequent years, several building permits were issued involving substantial renovations, additions and enlargements of the dwelling and out building on these joint t~o lots. It is only recently at a time when land values have soared that there have been these efforts to divide the property. In addition, the appeal~states ... "Applicant's nredecessor in interest created the difficulty that the Board i~ being called upon to rectify by constructing the home in v~ich the applicant resides closer to the southerly dividing line between lots 327 and 328 than was necessary to i~sure zoning compliance". This is a statement that ma?? misleaa the Board - - (a) the applicant does not reside in the home on this oropertv and (b) the applicant's predecessor did not create-the difficulty by constructing the home too close to the southerly dividing line, he apparently made an informed decision to place the home astraddle the dividing line to assure that the house would alwa~.~s remain on the two lots as one piece of prooerty. The Association applauds that decision and hopes that-the Board will honor the original owner's plan· -3- i~assau Point Property Owners Association Also on No. 1 the applicant states that . . "the huge parcel is a burden on its owner". The Association determined from the Tax records that the combined lots 327 and 328 have an assessed value of - Land ~2,800 and Buildings ~$8,700 for a combined value of :~11,500. Using the Nassau Point combined 1987-88 Sohthold Town tax rate of [~429 per ~1,000 of valuation the total tax on this combined property comes to about ~,900. If the property was divided, the tax on the piece containing the residence is estimated at ~4,400 which means that the so-called "burden" would be reduced by ~500 a year which after deduction for Federal and State tax ~urpose~is about ~350 or ~30 a month. The word "burden" is misleading. If the applicant is concerned about "burden", it would seem that the entire property would be sold "as is" and all taxes, home upkeep, insurance, etc. onaproperty which is used as a rent producing property rather then a prime residence would be eliminated. Apparently this is not the plan but instead there is an attempt being made to get a variance to divide the oroperty making the saihs proceeds ~ ~or two lots much greater. ~is is not a "hardship" case. Under No. 2 on the reverse of the application, the applicant states that the ha~o~ created is U~QUE and is not shared by ail properties ali~ in the i~mediate vicinity of this property and in this use district because ... applicant's orooosed lots are nearly twice as large as the other lots in the immediate vicinity". This statement is not correct. Unfortunately, v~ile the original developers of Nassau Point made some of the interior lots as small as one-half acre~ the waterfront properties are much larger and in the immediate vicinity of the applicant's property they are twice or more as large as the proposed lots, varying from two plus acres to twelve acres. The properties on either side of the said property are 2.3 and 3.0 acres. Testimony from neighbors and a review of the tax map will confirm this point. The Association has been involved in many similar cases over the years and has ~reat concern over the granting of variances to m~e additional building lots available on Nassau Point for the financial benefit of the applicants and to the detriment o~ the water supply of the rest of the residents on the Point. Our immedi~e concern for the future is that if this variance is granted for a division into ~o lots, the action will open the floodgates to divide other similar properties of which there are many on the Point. The l[assau Point Property Owners Association representing over 300 households on the Point hopes that ,you will deny this application. Very truly~rs, NAE~SAU POINT PROPERTY OWNERS AE~SDCIATION P. O. Box 346 OUTOHOGUE, L.I., N. Y. 11935 August 9,1988 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Southold Town Hall Southold, N.Y. 11971 Dear Mr. Goehringer: ~ The Nassau Point Property ~ners Association (The Association) has been advised that Jean C. Holland is requestinE a variance to allow the division of one present lot (historically combining lots 327 and 328) and to combine into the divided lots two small lots 36 and 37 making two parcels ( one an undersized lot) and also requesting a variance from sideyard setback requirements for an existing dwelling. The Association appreciates this opportunity to address the Board with its objections to the granting of these variances. As you know, the Association has for decades been concerned about the fragile water supply and salt water intrusion on Nassau Point. This condition is on public record and in the Mattituck Traveller Watchman issue of August 4,1988, Frank Bear, Chairman of the Southold Water Advisory Committee announced "... that he is working on a proposal to restrict water usage such as for water sprinklers and filling swdmm~ng pools, in areas such as Nassau Point and Bayview that experience seasonal problems with salt water intrusion.~. There has been a great increase in the number of new homes on the Point and the Association has conducted water conservation and educational programs to help conserve the water supply. Zoning regulations allow building homes on preexisting lots but where the zoning laws require the granting of a~variance for splitting properties, the Association has been very active in supporting the zoning laws and the contesting of variances which would cause a further drain on the water supply. The Association appeared in opposition to similar variance request from Baglivi (10/16/80) and De Borger (3/12/81) and in both instances your Board denied requests for variances. In an application dated March 19,1984, the current applicant filed a similar request for variance and on December 5,1984, your Board denied the variance because ".. it would not be in the character of the neighborhood . o" and for other reasons. In an application dated April 19,1985 a similar request for variance was made and on June 27, 1985 your Doard again denied this variance, commenting "... the water table in this area is fragile and will need the approval of the Suffolk County Department of Health Services". You also commented that "..additional relief is necessary for the set back of the exist- dwelling from the amended drawn line". The Association had written a letter requesting denial of these requests and was pleased to see the actions the Board took. !' -2- Nassau Point Property Owners Association T e Association has reviewed the current appeal No. 3751 dated July 1,1988 and has the following comments: 1. The two presently combined lots 327 and 328 are to the~ of Lowland Road and lots 36 and 37 are to the ~st of the Road. Lowland Road is a Nassau Point Property Owners Association right of way and must be kept open. As a matter of fact, the Association owns lot 33 with access on this road and intends to retain this ownership and this access road by all legal means. It is felt that the attempt to combine lots on opposite sides of Lowland Road is a ploy to make the proposed divided lots appear to meet zoning size requirements. Every indication is that lots 36 and 37 are unbuildable as they are subject to periodic flooding. There are no homes on similar lots in this area and should not be considered as additions to lots on the east side of Lowland Road. The Association has discussed the combination of lots 36, 37, 327 and 328 with the Assessors Office of the Town of Southo!d and has been advised that lots on opposite sides of the road cannot be combined. 5 The applicant, Jean C. Holland Longnecker, does not reside on the subject property as after the death of her husband she married Thomas H. Longnecker Sr. and resides in a home at ~00 Vanston ~oad. The Association understands that the residence on the subject property has been rented to a third party on an annual basis. e Under No. 1 on the reverse of the application, it is stated that the strict application of the ordinance would produce oractical difficulties or unneccessary HARDSHIP because .... ~applicant effectively owns four lots that have merged to create a grossly oversized parcel improved only by a single family dwelliuE~ This property was purchased by Holland in 1987 with full knowledge of the lots and zoning laws at that time. In subsequent years, several building permits were issued involving substantial renovations, additions and enlargements of the dwelling and out building on these joint ~o lots. It is only recently at a time when land values have soared that there have been these efforts to divide the property. In addition, the appeal states ... "Applicant's predecessor in interest created the difficulty that the Board is being called upon to rectify by constructing the home in which the applicant resides closer to the southerly dividing line between lots 327 and 328 than was necessary to insure zoning compliance". This is a statement that may mislead the Board - - (a) the applicant does not reside in the home on this property and (b) the applicant's predecessor did not create the difficulty by constructing the home too close to the southerly dividing line, he apparently made an informed decision to place the home astraddle the dividing line to assure that the house would alwa~.~s remain on the two lots as one piece of property. The Association applauds that decision and hopes that the Board will honor the original owner's plan. -3- Nassau Point Property Owners Association Also on No. 1 the applicant states that . . "the huge parcel is a burden on its owner". The Association determined from the Tax records that the combined lots 327 and 328 have an assessed value of - Land $2,800 and Buildings ~8,7OO for a combined value of ~11,500. Using the Nassau Point combined 1987-88 Southold Town tax rate of ~429 per ~1,O00 of valuation the total tax on this combined property comes to about $¢,900. If the property was divided, the tax on the piece containing the residence is estimated at 54,4OO which means that the so-called "burden" would be reduced by i~500 a year which after deduction for Federal and State tax Durpose~is about ~350 or $30 a month. The word "burden" is misleading. If the applicant is concerned about "burden", it would seem that the entire property would be sold "as is" and all taxes, home upkeep, insurance, etc. cna. property which is used as a rent producing property rather then a prime residence would be eliminated. Apparently this is not the plan but instead there is an attempt being made to get a variance to divide the property making the saihs proceeds for two lots much greater. This is not a "hardship" case. Under No. 2 on the reverse of the application, the applicant states that the ha~h~ created is UNIQUE and is not shared by aI~ properties alik~ in the i~mediate vicinity of this property and in this use district because ... applicant's proposed lots are nearly twice as large as the other lots in the immediate vicinity". This statement is not correct. Unfortunately, while the original developers of Nassau Point made some of the interior lots as small as one-half acre~ the waterfront properties are much larger and in the immediate vicinity of the applicant's property they are twice or more as large as the proposed lots, varying from ~o plus acres to twelve acres. The properties on either side of the said property are 2.3 and 3.0 acres. Testimony from neighbors and a review of the tax map will confirm this point. The Association has been involved in many similar cases over the years and has great concern over the granting of variances to make additional building lots available on Nassau Point for the financial benefit of the applicants and to the detriment o~ the water supply of the rest of the residents on the Point. Our immedi~e concern for the future is that if this variance is granted for a division into two lots, the action will open the floodgates to divide other similar properties of which there are many on the Point. The Nassau Point Propert~ Owners Asse¢iation representing over 300 households on the Point hopes that ~ou will deny this application. Very truly ~rs, APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN I~OAD- STATE I~OAO 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 June 6, 1988 Lynn Theresa Cahalan, Esq. Anthony B. Tohill, P.C. 12 First Street, Box 1330 Riverhead, NY 11901 Re: Application of Jean C. Location of Property: 1000-111-10-1 Holland Vanston Road, Cutchogue Dear Mrs. Cahalan: We must return the enclosed incomplete application left with our office on or about April 12, 1988 due to incompleteness and timeliness. Attached are the April 11, 1988 transmittal letter with enclosures. Also enclosed are blank Notice to Adjacent Owner Forms for re-use in the mailings.and instruction sheet. When submitting same, please be sure to include copies of all Certificates of Occupancy for the premises and buildings as exist and confirmation as to whether the square footage of proposed Parcels A and B as shown on the survey (55,660 sq. ft. and 48,160 sq. ft.) includes the lot areas along the westerly side of Lowland Road. As a matter of clarification, you may wish to confirm the points of access to the proposed and existing single-family dwelling structures. Please don't hesitate to call if you have any questions. Yours very truly, GERARD P. GOEHRINGER l k ~_I~N~-~ RMA N o~w a~. Eno 1 os ure s ~ ~'~'n~a