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Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork,net BOARD OF APPEALS TOWN OF SOUTHOLD Te!.(631)765-1809 Fax(631)765-9064 COVER SHEET WITH ZBA FILE STATUS OF FILE ZBA# ~-/~ ff_~ Name: ~/.//.~[ ,_.~.,4 Aj 0/j{~ ~ ~ / 6> Tax Map #: It)O0 - (o g- ~ -- /0 Location: .5-=/-~ DI ~MO.~O~ z--A-.WE application). [ ~ ] NO REFUND DUE, based on time spent for Town to process application and hearings. [ ~< ] Obsolete & expired; CANNOT reactivate this file: NEW APPLICATION NECESSARY: Extensive time has passed; Zoning Code changes are now in effect and this application expired. NOTE: Applicant may apply for a new application with Building Inspector for a new Notice of Disapproval and submit NEW application with all documents and current maps to ZBA, or modify plan to conform to the current code. This Town file based on applicant's previous year requests has expired. [ ] No forms to be scanned; FILE # VOID: APPLICATION RETURNED. (All forms were returned to applicant early in process, as requested by applicant.) {; TO: FORM NO. 3 NOTICE OF DISAPPROVAL DATE: April 1, 2002 AMENDED: July 9, 2002 Michael Chuisano (Maggio) 1009 Barfie Avenue Wantagh, NY 11793 Please take notice that your application dated March 29, 2002 For permit to construct a new dwelling at ~ Location of property: 575 Diamond Lane, Peconic County Tax Map No. 1000 - Section 68 Block2 Lot 10 Is returned herewith and disapproved on the following grounds: The proposed construction on lot, +/- 39,528 square feet in the R-80 Zone, is not permitted pursuant to Article XX1V Section 100-244B which requires a minimum rear yard setback of fifty (50) feet and a minimum front yard setback of 40 feet. The proposed new dwelling is shown at +/- 26 feet from the rear lot line and +/- 30 feet from the front lot line. Furthermore, the proposed construction is not permitted pursuant to Article XXIII, Section 100-235A. 1, which states, "No building shall be erected on a lot that does not have direct access to a public street in accordance with § 280-a of the Town Law." Total lot coverage following the proposed construction would be five percent. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: ZBA, File FORM NO. 3 NOTICE OF DISAPPROVAL A?R DATE: April 1, 2002 TO: Michael Chuisano (Maggio) 1009 Barrie Avenue Wantagh, NY 11793 Please take notice that your application dated March 29, 2002 For permit to construct a new dwelling at Location of property: 575 Diamond Lane, Peconic County Tax Map No. 1000 - Section 68 Block2 Lot 1~0 Is returned herewith and disapproved on the following grounds: The proposed construction on lot, +/- 39,528 square feet in the R-80 Zone, is not permitted pursuant to Article XXIV Section 100-244B which requires a minimum rear yard setback of fifty (50) feet and a minimum front yard setback of 40 feet. The proposed new dwelling is shown at +/- 26 feet from the rear lot line and +/- 30 feet from the front lot line. Total lot coverage following the proposed construction would be five percent. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: ZBA, File MATTITUCK, LONG ISLAND MELVILLE OFFICE ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 275 BROAD HOLLOW RD SUITE 111 MELVILLE, N.Y. 11747 631-249-9480 FAX NO. 631-249-9484 March 18, 2003 Town of Southold Zoning Board of Appeals Attn: Linda Kaloski 53095 Main Road Post Office Box 1179 Southold, New York 11971 Re: Chuisano/Maggio Premises: 575 Diamond Lane, Peconic, NY Dear Linda: We are withdrawing the Chuisano application time we are at Town Hall. '~2a~' ~¢~t~ and~im4x~we wi_II__pick up~,the p~P~ers th~ext. Very trolly yours, / Abigail A. Wickham AA W/lb 30/shdzba via: telecopier kindly confirm receipt Southold Zoning Board 53095 Main Road PO Box 1179 Southold, New York 11971-0959 August 20, 2002 Re: Opposed to proposed variance to property located at Burtis Place and Second Avenue in Peconic lots 20.3, 20.4~ 20.5 Dear Zoning Board: Pursuant to public notices, regarding hearings related to the above captioned properties we will be out of town and unfortunately cannot attend the heating therefor via transmission of this message we hereby note our vigorous opposition to the proposed variance requested for the following reasons: The original intent to combine the lots was a result of the previous owner's request to erect two A frame houses on an adjacent lot 20.2 that was zoned for one structure. The combination of the lots permitted this while maintaining the density requirements in the property space in aggregate. While permitted it is unsightly and creates an increase in traffic to and from the property by virtue of the multiple tenants residing there. To uncouple the parcels would exacerbate this problem in allowing three structures and even more residents in a group of properties that would normally only allow two. This would create a negative impact to quality of life, clean water, septic systems, vegetation and wildlife in the area. We find the current application either silent or evasive of these issues. Quite simply building a house requires 2 lots (ofapprox 6,000) sg fi ea. The owner is attempting to overbuild with 3 houses on 5 lots to the detriment of the area, it's neighbors and property value. The properties were merged to avoid this. Peconic Shores 2, we believe is excepted from the higher density building allowed in Peconic Shores 1 which is closer to the Sound. There are no houses in Peconic Shores 2 that are built on one lot other than the one described above which we believe was permitted as a result of merging properties. Burtis place in the areas adjacent to this property has already been obstructed, possibly as a result of the building of the 2 A- frame houses, thereby creating a life threatening safety hazard where emergency vehicles (fire and medical) cannot as a result of the obstructions pass through Burtis Place from Fassbender to Second Avenue. This has been brought to the attention of the town, the state and local fire officials and will surely result in a problem should a fire or medical emergency arise in the area. Secondly, it prevents easy access to the Sound by nearby residents. This violation should be remedied and the area made accessible at the expense of the violator. As we are living adjacent to the property which is proposed for variance we feel the proposed upzonig of density would have a negative impact on our quality of life, property value and generally degrade the rural nature of this wonderful area. Quite frankly, it's just not fight to cluster multiple dwellings in an area where other neighbors adhere to zoning regulations maintaining the quality and character of the area. We again ask that you seriously consider the impact of this proposed change on the area, its residents, and environment. Chronic density upzoning is surely the demise of the North Fork, as concerned residents and officials we should respect zoning requirements, preserve the environment and coastal areas with which we are blessed. They are just not making anymore. Please stop the overbuilding of the area. We respectfully submit our vigorous opposition to the proposed variance, and regret that we cannot attend the hearing as we are out of town. You are ~ee to contact us at the above number should it be necessary. o,_O. JOHN ~..~FPENOSKI, JR. ~o× 120 Pe¢onic, NY 119~ WILLIAM WlCKHAM ERIC J BRESSLER ABIGAIL A. WlCKHAM LYNNE M. GORDON JANET GEASA lAW OFFICES WlCKHAM, WlCKHAM & BRESSLER, p.c. 10315 MAIN ROAD, P.O. BOX 14~4 MATTITUCK, LONG ISLAND NEW YORK 11952 631-~98-8353 TELEFAX NO. 631-~98-8565 August 14, 2002 MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE III MELVILLE, NEW YORK II747 631-249-9480 TELEfAXNO 63I 249 9484 Town of Southold Zoning Board of Appeals 53095 Main Road Post Office Box 1179 Southold, New York 11971 AU615 Re: Chiusano/Maggio 575 Diamond Lane, Peconic, New York SCTM# 1000-68-2-10 Ladies and Gentlemen: In connection with the above, enclosed is the consent of Michael and Denise Chiusano, contract vendees, and Paul and Barbara Maggio, owners of the above property. We are currently preparing an amended application. Very truly yours, "Abigail A. Wickham 30/shdzbal encl. AA W/al CONSENT Re: SCTM# 1000-68-2-10 575 Diamond Lane, Peconic, New York We, MICHAEL CHUISANO and DENISE CHUISANO, contract vendees, and PAUL MAGGIO and BARBARA MAGGIO, owners of the above referenced property, consent to Wickham, Wickham & Bressler, P.C. and Land Use Co., Inc.; and theh' surveyors, engineers, or other contractors retained by any of the above, or any of their representatives and/or agents, to act on my behalf and enter onto the premises for the purposes of surveying and other testing, soil testing, wetlands evaluation and flagging, plotting and inspections as may be required to make necessary for approval for a building permit for construction ora single family dwelling to the Town of Southold Trustees, the Town of Southold Zoning Board of Appeals, the Town of Southold Building Department, the New York State Department of Environmental Conservation, and any other authorities or agencies having jurisdiction, and for any variances, 280(a) approval, permits, or other matters required to obtain a building permit. Such applications shall include all matters in connection therewith. Dated: July 31 , 2002 ~~4~ Michael Chuisano Barbara Maggio"~ ~ 21~consent Mr. Albert Krupski, Jr. Presidem, Board of Trustees Mr. Gerard Goehringer, Chairman, Zoning Board of Appeals Reference Applicant: Michael Chuisano Property: SCTM # 1000-68-2-10 Diamond Lane, Peconic August 14, 2002 Gemlemen: This is to request that you deny the Applicant's request to build on this property, in consideration of the following: · This is a pristine, completely untouched area · There would be significant destruction caused by the building of a house and access road. · The proximity to freshwater wetlands and the Coastal Erosion Hazard line. · The precedent and potential for continued destruction/loss of this unique coastal area. · Construction would violate the Town's Zoning Regulations regarding setbacks and lack of access to a public road. · The availability of a win-win solution - the County's willingness to purchase the property and add it to the adjacent County Park Thank you for your efforts to preserve the Town's unique natural resources, while preserving the property owner's right to receive fair market value for his investment. Sincerely, san Switzer 3180 Mill Lane P.O. Box 283 Peconic, NY 11958 765-3296 c: Joshua Horton, Supervisor Marion Gotbetter, Diamond Lane Association DEC PERMIT NUMBER 1-4!3e- O3o2o/ooooI FACILITY/PROGRAM NUMBER(S) I EFFECTIVE DATE 9 ~,u~u~, 20o~ PERMIT EXP,aAT~ON DATE(S) UI1dsr the Envlrmtmental 31 A~t ~PE OF PERMIT I New D R~l D M~i~t~n Q Permit ~ ~tru~ ~ Permi~ to O~r=te ~1 Article I$, Title $: Protm;tion of Waters O Article l~i, Title '15: Water' ~upply [] A~icle ~5, Title 15: Lo~ Island Wells ~ 6NYCRR ~: Water ~l~y Ce~lflca- PERMIT i~UED TO ADDRESS OF PERMI~EE PO ~x 79, siu.~ B~k, NY 11790 N~E ~D ~DRE~ OF PROJECT/FACILITY Ma~ Pr~ O~a La~, P~nt¢ L~ATION OF PR~ECTIFAGILI~ COUN~ TOWN 3~ctk ~U~I0 DE$CRI~ION OF A~HOR~Z~R &~TIVITY [] Article 17, Titles 7.8; SPOES o Article C0: Al~' Pollution Control C] Article 23. Title 27: Mined Land Reclamation [] Article 27, Title 7; 6NYCRR 360: ~olid We.~te Management IWATERCOURSS Lon~ Island Sound POI ~ Article 27, Title 9; 6NYCRR 373: [~ Article 34: Cooot~l Eroolon [] Article 38: Floodplsth Management [] Articles t, 3, '17, ~g, 21, 3?; 6NYO. Rf~ I TI~I.I;;I~HONF Nt. JMRI;:R (03 t2 eez-eeoe ITELEPHONE NUMBER (ste) 783.745,4 NY'I'M COORDINATES E; 712,0 N; 4.548.1 Install a septic system, placing approximately 100 cubic yards of cieel~ fill. TI'tls work Is to be done In a$$001otlon with rna construction of · single family dwelling. Since the reside.ce iluell' will be lucated mo~e thou 300 feet from tile tidal wetland hnundary (sht~wn on survey prepared by Juh. T. M~tzga~ dated Maxell 13, 2002, end last revised June 19, 2002) its construction is beyond the jurisdiction of Article 25 (Tidal Wetlands). All pe~r~nitted work ~s to be done ;n accordance with the affached plans stamped NYSDEC approved. AUG 15 '? By acceptance of this permit, the permtttee agree~ that the permit is contingent upon strict ¢:omPliance with the ECL, ell s0pllcable regulations, the General Cem~itlons specified (ese page 2 & 3) and any all. sial Conditions Included os i:h3rt of thl~, pormit, PERMIT ADMINISTRA, TOR: (KI~.W) ADDRESS (3eorge W. Haff~msR~,, ] Region '1 ~eputy P~;~:t ~,s~l;,&:ra~r [ Bldg. ~Or ~UNY~ ~tony B~, NY tt700-~35& Page 1 olr 4 August 9, 2002 Marion Gotbetter Carmen Ramis 425 Diamond Lane Peconic, NY 1:).958 Nailing Address: 205 west End Ave., 11H New York, NY 10023 Southold Town Board of Trustees c/o Albert 3. Krupski, President Town Hall 53095 Route 25 Southold, NY :1].971-0959 RE: Applicant: Michael Chuisano - Property: 575 Diamond Lane, Peconic- SCTlVl #1000-68-10-2 - Pre-Hearing Visit Dear President Krupski and Fellow Trustees: We urge you to re-visE the property prior to the August 21 hearing. On August 6, we assume at the request of Michael Chuisano, Peconic Surveyors re-sLaked the proposed driveway and house. In doing so, significant amounts of brush, bushes, brae seedlings, and mature tree branches were cut. The destoJction included brush which holds our neighbor's, Deborah Brown's sandy bank at the edge of her properly, vegetabon that guards our common right-of-way against erosion and cutting into the edge of the freshwater wedands. Also left behind was unsightly cut brush over environmentally sensitive areas and our common footpath. The slakes and stringing significantly obstruct the common footpath and pose a hazard to those who use the path. In fact, the staking impedes the movement of wildlife, predominantly deer who live in these dunes (not to mention what a road and home will do). The proposed house would sit directly over a very well established deer path. It also looks as if the house has been tumed and the cesspool moved - they might be closer to the Coastal Erosion Hazard Une. The road continues to be within a few feet of the freshwater wedands. A visit to the site will also provide you with the full impact of how many trees would be destroyed by the driveway and house. You will see the depth of the proposed cutting at the top of the driveway, 5.5' at its deepest point. You will also see the height of the proposed fill that would need to be brought in, which at points (closest to the beach) is 5.1.' As adjacent property owners and neighbors, we are also concerned about the impact of the proposed road and house on the integrity of our properties, Goldsmith's Inlet Park, and the Long Island Sound. Another visit is required to fully visualize the damage done by the surveyors to the environment, as well as the full impact of the proposed development of the property. The sheer desbruction of numerous trees and wildlife habitat, the amount of erosion and run-off caused by more than 5 feet of cutting and filling of the bluff and dunes, and the dramatic alteration of the topography in the sandy meadow am overwhelming and unacceptable. Please come -- as the saying goes, a picture (visit!) is worth a thousand words. Thank you very much. Respectfully,yours, Narion~Gotbetter Carmen Ramis cc: PatricJa Moore, Esq. Peter Scully, Suffolk County Parks v~uthold Town Board uthold Town Zoning Board of Appeals CO~Y OF SUFFOLK SOIL AND WATER CONSERVATION DISTRICT FAX:(631}727-3160 ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE Thomas J. McMahon DISTRICT M;%NAGER (631)727-2315 Gerard P. Goehringer, Chairman Southold Town Board of Appeals P.O. Box 1179, 53095 Main Road -0 9 , Southold, NY 11971 , JUL 2 6 02 Dear Mr. Goehringer: We have visited the site known as ZBA File No. 5136- Michael Chuisano (Owner: Paul Maggio), SCTM # 1000-68-2-10, on Diamond Lane in Peconic for a proposed Dwelling. This parcel is mapped as Bc (beaches) and Du (dune land). It is well vegetated over most of the area. The soils are all sand. The USDA Natural Resources Conservation Service recommends that they only be used for Wildlife Habitat and Recreation and also should be left undisturbed to provide protection from storms and high tides. Access to this site is by a narrow footpath worn into the wooded area from above which is used by the other existing homes above the bluff area. The slope down the bluff face is steep and the path becomes a raised area of sand above the back dune area. It is unclear where the properly line is along most of the parcel. I found the corner stakes at the north and south end of the parcel and the corner stakes for the proposed house. It was impossible to make out the property boundary using these since you have no line of site from one to another due to elevations and existing plants. 423 GRIFFING AVENUE SUITE 110 RIVERHEAD, NY 11901 Placement of the paper street or a driveway will be down this steep slope and erosion control and road drainage should be considered carefully since this will have an adverse impact on the soils and groundwater. The proposed house is to be located in the back dune area, which is below five feet in elevation. Groundwater in the Test Hole was measured at 2.8 feet below the existing ground surface, however this is a drought year and although it doesn't show when the Test Hole was dug the groundwater elevation will rise and fall dependant on rainfall and time of year. Therefore the area may become wet or saturated. I spotted Phragmites growing in that area now and there may be other wetland species there also. You may want to have NYS DEC do a wetland boundary determination. Septic System design is of some concern due to its location on pure sands in the back dune area close to the Sound with very shallow soil depth above groundwater. The Plan View shows it will be installed in a Mound design. I noted that the first floor elevation is at 14 feet and the Mound is to be topped off at 20 feet right behind the house. The well location is 150 feet upslope from the septic system, however it does not show the proximity of the existing wells or septic systems of the neighboring lots. ^ location map should include these. If you have any further questions please feel free to contact us again. Sincerely~l~ (~. ~.~/~. ,.' Paul TeNyenhuis, Senior Soil District Technician 2 WILLLIAM WICKHAM ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 July 10, 2002 MELVILLE OFFICE 275 BROAD HOLLOW RD SUITE 1 ! 1 MELVILLE, N.Y. 11747 631-249-9480 FAX NO. 631-249-9484 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re; ChuisanofMaggio 575 Diamond Lane, Peconic, New York SCTM# 1000-68-2-10 Gentlemen: This is to confirm that we are representing Mr. Chuisano in connection with this matter. He is also represented by Land Use Co. in connection with wetlands matters. We intend to submit an amended application which: 1) seeks the relief previously requested. 2) seeks alternative relief, based upon a survey we are awaiting. 3) includes the 280(a) request. Mr. Chuisano's engineer is working on a driveway plan. I am also awaiting further title information regarding the street to determine whether the Building Department's interpretation is correct as to frontages. In light of the need for an additional survey and title work, as well as engineering data regarding the road, we request that this matter be scheduled for the September 19, 2002 meeting, in order to have time to properly review the additional material and prepare the amended application. As we are also proceeding before the Board of Trustees, who have indicated that their review period will be extended, we feel this is a reasonable request. Thank you for your consideration. /M W/dmc 30/shdzbaCC: Michael Chuisano Abigail A. Wickham ® I Save the Sound S,~w th~, So~,nd, ~r,~; / July 17, 2002 20 Marshall Street South Norwalk, CT 06854 T¢ SOS s54 oos6 ~ Albe~ J. ~?sM, ?resident Fax 203 3540041 Glen Cove NY Tel: 5167592165 Southold Town Board of Trustees 53095 Route 25 Southold, NY 11971-0959 Groton, CT Tel 860 4059036 Toll Free 1 888 SAVE LIS Web: E mai savethesound@savethesound erg Re: Property at 575 Diamond Lane Peconic, NY Dear Pres. Krupski and Members of the Board of Trustees: Save the Sound, Inc. ("STS") is a 30 year-old regional non-profit membership organization dedicated to the restoration, protection and appreciation of Long Island Sound and its watershed through advocacy, education and research. STS is writing express concern over the proposed Diamond Lane property development located on Long Island Sound's coastline. While there are many similar projects to develop small parcels of land on the coast of the Sound, and while we do manage to voice our concern over some, we are not able to get involved in all such projects due to time constraints. However, this particular piece of property is of interest to STS because of its proximity to the Sound and the Goldsmith Inlet, as well as, the unique potential to protect and preserve open space, wildlife habitat, and water quality of Long Island Sound. We strongly encourage the Board of Trustees to preserve the property as open space, for the following reasons: I. Open Space Open space on the coast of Long Island Sound is disappearing at an alarming rate. In 1999 Audubon NY, Regional Plan Association and Save the Sound began focusing citizen energies on the need to protect open space and critical habitat along Long Island Sound. While state and Federal Regulations protect most core wetlands, development of adjacent uplands continues at an accelerated pace, fragmenting habitat and increasing non-point source pollution entering the Sound. The few parks, public beaches and preserves that currently exist are overwhelmed by growing numbers of residents and visitors determined to gain access to the Sound's shore. Simultaneously, suburban and second home developments along the coast continue to erode what little undeveloped shoreline is left. Economically, aesthetically and ecologically, preserving open space through a network of lands managed and protected through a Reserve System is the logical step in preserving the coast of Long Island Sound. Over the past 40 years, Long Island has had an extreme influx of development in order to accommodate the rising population (between 1960 and 1990, the population of eastern Long Island alone, doubled). This increase in both population and development has severely limited the amount of open space available and thus highlights the need to preserve open space generally, but more specifically, this coastal piece of property. The Diamond Lane Property provides a buffer between the Sound, the other homes located on Diamond Lane, and Goldsmith's Inlet. Protecting this property will help to protect the water quality of Long Island Sound. To magnify the importance of preserving this property, please note that the Suffolk County Legislature has described this particular parcel of land as "one the last vestiges of open space within the entire Town of Southold." .II. Habitat Many birds and animal species require large uninterrupted areas for their nesting, feeding and resting grounds. This parcel abuts the 34 acre Goldsmith's Inlet County Park which is home to a variety of wildlife. The addition of this Diamond Lane property to the County Park would provide increased uninhibited habitat for those creatures. Because this property both abuts the park and provides an area necessary for the quality of habitat needed by many birds and animals, its preservation is not only vital, but a rare opportunity. In addition, the Goldsmith Inlet area is listed as a site or potential site for Piping Plovers1 and Lest Terns.2 Piping plovers have been a protected species under the Endangered Species Act since 1986. Federally they are listed as threatened, while in the state of New York they are classified as endangered. Current research shows that there are approximately 1400 pairs of piping plovers on the Atlantic Coast. Two hundred of those pairs are found on Long Island. Maintaining open space is vital for their recovery. Commercial and residential developments have decreased the amount of coastal habitat available for piping plovers to nest and feed. In addition, developments near beaches provide attractions for predators such as raccoons, skunks, foxes and domestic pets. Therefore, it is crucial for the Board of Trustees to determine if this area is a nesting site for piping plovers and if it is action needs to be taken to preserve and maintain the property as open space. III. Water Quality In addition to having an impact on the habitat of animals that live on the coast, building on this parcel of land will have a negative impact on the water quality of the Sound and the Peconic dunes. It will be necessary to widen Diamond Lane in order for the new owner to access the property and begin construction. The road will have to descend down a bluff approximately 35 feet. Because the road will be paved, it will be impervious and the storm water runoff containing t See htlp://ecos.fw.gov/webpage/webpage_vip_listed.html?&code=V&listings=0#B (federally listed as threatened and/or endangered). 2 See http://ecos.fws.gov/webpage/webpage_vip_listed.html?&code=V&listings-0#B (federally hsted as endangered); See also http://pipingplover.fws.gov/recplan/appendixb.html (state listed as threatened). sediment, pesticides, petroleum, and wastewater will travel down the bluff into Long Island Sound (non-point source pollution). If it seems that this is a lot of fuss about a small parcel of land, please realize that ¼ teaspoon of oil will form a 200 square foot oil film on the Sound's surface and in 1995 93,000 acres of shell fishing beds in New York were closed- 100% of which was due to polluted runoff? Impervious surfaces do not allow for filtration as do grasses and wetlands no matter what provisions are put in place. Non-point source pollution has been and continues to be a major source of water pollution in the Sound. Changing the way we use land, such is the opportunity with this property, will go a long way in controlling this type of pollution. Maintaining this property as open space will prevent further pollution of the Sound from motor oil, gasoline, detergent, and fertilizer, all common pollutants that are a result of homeownership and use. We sincerely hope that the Board of Trustees will take the appropriate action and maintain this property as open space. We implore you follow the recommendation of the Southold Town Conservation Advisory Council by denying the Wetland Permit Application for 575 Diamond Lane. Sincerely, Canera Pagano cc: Mr. Michael A. Chuisano Ms. Marion Gotbetter Mr. Paul Maggio Patricia Moore, Esq. Southold Zoning Board Abigail Wickham, Esq. 3 National Oceanic and Atmospheric Administration (NOAA). (631) 765-1809 OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 Emaih Linda. Kowalski(~Town. Southold.n¥.us or Paula.Quintieri~Town. Southold,n¥.us http://southoldtown.northfork.net fax (631) 765-1823 (alt. 9064) FAX TRANSMISSION Please feel free to call if you did not receive all sheets. Town Hall hours are between 8 and 4. Thank you. Pages to follow: JUL-10-2002 Ol:l~P FROM: TO:TBSgO~ P:2~2 Wi'LLI.IA~ ERIC $. BRE.";SLI3R ABIGAIL A. WR"K!IAM I..YNNI~ M. GOEDON JANF~ OF. ASA LAW OFFIU~S WICIOIAM, WICKIIAM & BRE$SLI~R, I'.C. ;0315 MAIN ROAD P O. BOX 142~, MA'ITITUCK, LONG ISLAND NI~W YORK 11952 63 l TEI,GFAX NO, 631 Jul)' 10, 2002 MELVILLE OFI~ICi3 27~ BROAD HOLLOW RD SUITE } I 1 MF..LVILLE, N.Y. 11747 631-249-9480 FAX NO. 631-2'19-9484 Town of Southold Zoning Board of Appeals 53095 Main Road, Pont Offie~ Box 1179 Southold, New York 11971 Re: Chuisano/Magglo 575 Diamond Lane, Peeonic, New York $CTM# 1000-68-2-10 Gen tlenlen'. Tiffs is to confirm that we are representing Mr, Chuisanu in connection w/th this mare,:', lie is also represented by Land Use 1.2o. in eotmection with wcllands matters. We intend to submit an amended application which: I ) seel~ tho relief previously requested. 2) seeks alternative relief, based upon a survey we arc awaiting. 3) includes the 250(a) request. Mr. Chuisano's engineer is worklag on a driveway plan. I am also awaiting further title ialbnnation regarding the street to determine whether the Building Department's intcq~ret~tion is correct az to frontages. In light ofth~ need for an 'additional sm~vey and title work, as well as engineering dam regarding the road, wc request that this matter be scheduled for the September 19, 2002 meeting, in order to have time to properly review thc addilional nmterial and prepare the amended application. As we age alm~ proceeding b~tbre the Board of Trustees, who have indicated that their review period will be extended, we feel fi:ia is a reasonable request. 'Th~k you for your consideration, AAW/dmc ~O/~ace: Michael Chuisano Abigail A. Wickham WICK.HAM, WICKHAM & BRESSLER, P.C. P,O. Box 1424, 10315 Main Road, Matlimek, New York 1 ] 952 Phone (631) 29g-8353 - Fax (63 I) 291t-8565 · 4 FaxNo.:. 7¢¥-qo~q, This tran~mlssion contains htormation e, oiffid~ntial and/or l~gaily larivil~led, It is iotended for use only by the PO~oo to whom it is directed. If you have received this tcleeopy in error, plcaae notify us by telephone immediately so that we can amange for the return of the doetm~ents to us at no cost to you. lfyou do not receive all of the pages indicated, pleaa¢ call a.~ soon as possible ~t the number referenc~ abovc. (631) 765-1809 OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 Email: Linda. Kowalski~)Town. Southold.ny.us or Paula. Quintieri(~Town. Southold.n¥.us http://southoldtown.northfork.net fax (631) 765-1823 (alt. 9064) FAX TRANSMISSION ATTN: ~..]£~'~O;J /~./~/J-~O'~O~ DATE: ?/ ~ /2002 Please feel free to call if you did not receive all sheets. Town Hall hours are between 8 and 4. Thank you. ~~ Pages to foflow: ,2002 ~ Madon GoU~tter / ~,~ 425 Diamond Lane Peconic, NY 11958 Gerard P. Goehringer, Chairman Zoning Board of Southold Town Hall 53095 Route 25 Soubhold, NY 11971-0959 Mailino Address: 205 West End Ave., 11H New York, NY 10023 RE: Application of Michael C~uisano - ProperS: 575 Di~mo~J Lan~ Pm:ohio - ~ #1000..6~-10-2 As adjacent property owners to the above-mentioned property, we have been attending bhe Trustees' hearings regarding a Wetlands Permit for the ~ It has come to our attention that Michael Chuisano has also applied to you regarding the potenUal ~ of a single-family dwelling, which fails to meet setback requirements. We would like ~o bring some of the many issues regarding the property to your attention. We urge you ~o deny any variances for t~is unique, it is the only single and separate lot within the 1-~,~ mile stretch from Goldsmith's Inlet to Kenney's Beach that is not owned by Itte home situated above on the blutf. have informed us that on seve~l occasions they have witnessed the area flooded with seawater, both from Goldsmith's Inlet and from the Sound. Under normal conditions, i.e., not drought-like as we are experiencing this season, the southern end of time ptopety - indicated as '{ow area" on time applicant's sunny supplied by Peconic Surveyors, Inc., - has areas t~at are consistently wet. Chris Pickerell has confirmed for the Trustees that an a-ea Freshwater Wetlands exists here. CurrentJy, ac:ess to the property is via a steep and narrow footpath. The proposed building of a road down from the bluff and the use of heaW machinery wilt de,buy native vegetation, which is crucial to sustaining time bluff. A road and its o:~stnJCl~Ofl will cause signlfr, ant erosion and mn-off and further oompromise the fiaglle ecosyslm. [t will also infringe off the Freshwater Wetlands. passed legislation to begin proceedings to acquire tie ~cm~erty. These efforts were halmcl due to the contract between Mr. Maggio, the owner and Mr. Chum, lime con~act vendee. We believe the County's acquisition and ultinate conservation of Ule property is a viable alternative to devek3pmenc We are deeply concerned b'~at disturbing this inherently beautiful parcel will have ~l effects on t~e sumx~ing ecosy-~,, and wildlife, as wetl as alt who enjoy ~he natural beauty of the park and beach. The jel~ at ~ith's ]nle~ already compromises this unique coastline. We am equally concerned that if permits and variances are granted here, it will have ffilJ~ ramifications for the developmeflt of l~e enttre area, which has been undisturbed for ~. [t is the oflly remaining expame of Sotaxlfiont dune/meadow In Southold Town. This property is a prime exan,4)le of those under current debate, which we should all be e0~amining closely with regard to preservation, arid the future land,a'ape of Southokl Town. Thank you for your conslderaUon of this matter, Marion Gott~tter Can~en Ramis April 14, 2002 Marion Gothetter Carmen Ramis 425 Diamond Lane Peconic, NY 11958 BLDG. DEPT. '' T,~A~N OF SgUTI*:OLD Mailing Address: 205 West End Ave., 11H New York, NY 10023 Georgia Rudder Permits Coordinator Southold Town Building Department Town Hall 53095 Route 25 SouthoU, NY 11971-0959 RE: ApplicaUon of Michael Chuisano -Owner: Paul Maggio - Prope~/: 575 Diamond Lane, Peconic SCTM #1000-68-10-2 Dear Ms. Rudder: As adjacent property owners to the above-mentioned property, we are aware that Michael Chuisano has applied for a building permit to construct a single-family dwelling. We understand that his applicaUon has been disapproved due to failure to meet set~ack requirements (plans were examined by Damon Rallis). We would also like to bring t~e following to your attention: · The properb/is susceptible to flooding. Tn the 7 years we have lived in Peconic, it has flooded due to rains at least twice. Enclosed please find photographs taken on March 1, 1998 that document this. Under mai conditions, i.e., not dmnght-like as we are experiencing ~is season, the souttern end of the property - indicated as ~iow area" on the applicant's survey supplied by Peconic Surveyors, 1nc. - has areas ~ are consistenb'y wet (please see photos), bi addiUon, the existence of emergent vegetaUon, such as phragmites, defines the area as a freshwater wetland. Long-term residents of Diamond Lane have informed us tJ~at on several occasions Uey have wrmessed the area flooded with seawater, both from GoldsmibYs Inlet and from the Sound. Currently, access to the property is via a steep and narrow footpath. The proposed building of a road down from the bluff and the use of heavy machinery is IEely to cause significant erosion and fora~ cornpmmise the fragl~ ecosysmm. We have been working with the Peconlc Land Trust since 1998 to preserve the property. Suffolk Count~ is also an adjacent property owner, as the property abuts Goldsmith's Inlet Park. [n the past, the owner, Paul Maggio, expressed interest in the County's possible purchase. To the best of our knowledge, the County's passage of legislation to proceed with acquisiUeo came at about the same time Mr. Maggio entered into contract with Nr. Chuisano. We believe the County's acquisition and ultimate conservation of the property is a viable alternative bo development. We are deeply concerned that disturbing this inherently beautiful parcel will have detrimental effects on the surrounding ec~'ystem and wildlife, including nesting piping plovers, as well as all who enjoy the natural beauty of the park and beach. This unique coastline is already compromised by the jetty at Goldsmith's Inlet. We are equally concerned that if permits and variances are granted here, it will have further ramifications for the development of the entire area which has been undisturbed for decades and is the only remaining expanse of Soundffont dune/meadow in Southold Town. Enclosed please find photographs for your review. Thank you for your consideration of this matter. Very truly yours, Marion Gotbetter Carmen Ramis cc: Patricia Moore Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-1823 Telephone (631) 765-1802 BUILDING DEPARTMENT ~'~ttlr/~i C4 TOWel OF SOUTHOLD ' MEMORANDUM TO: Gerard Goehringer, Chairman, Southold Town Zoning Board of Appeals FROM: Damon P. Rallis, Building Permits Examine~~ RE: Chusiano (Maggio) DATE: July 9, 2002 As per your request, the attached disapproval was amended to include Section 100-235A. 1, with regard to property access. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 15, 2002 RE: Zoning Appeal No. 5136 Transmitted herewith is Zoning Appeals No. 5136 - Michael Chuisano - Zoning Board of Appeals application for variance. Also included is ZBA questionnaire, notice of disapproval, application for building permit, survey and one set of plans. April 4, 2002 SOUTHOLD TOWN BOARD OF APPEALS Michael & Denise Chuisano seeking an area variance for property known as: 575 Diamond Lane, Peconic N.Y. Map No. 1000 Sect. 68 Block 2 Lot 10 For'OfEce Use Only: Fee $ TOWN OF SOUTHO[D, NEW YORK TO THE ZONING BOARD OF APPEALS:4"[We) .../~../..C..I.4..~..&.-..C.....~.'..b.~..'~.../.[.,.C...C..~..u.L~.~..~..~ 0 ~ (A pellant) (Te. HEREBY APPEAL THE DECISION OF THE BUILDING INSPECTOR DATED ,.~J/.//..u..~.. ........... WHxEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED.,~.:.~.,~.:.o...~. ....... FOR: (~J' Permit fo Build ( ) Permit for Occupancy ( ) Permit fo Use ( ) Permit for As-Built ( ) Other:. 1 Locaton of Property. ~"~ ~.1~rr~°~'l~ /--'~"~ *'" · ~;~ ............................................................................. Zone .. District 1000 Section..~. ..... Bock ~ Eot(s) ....... /.P ..... Current Owner. J~.u..c....F?..~.~.~.!R... Assigned NO. 2. Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection and paragraph of Zoning Ordnance by numbers. Do not quote the I~w.) Article ........ Section 100- . ......... Sub-Section .............. 3. Type of Appeal. Appeal is made herewith for: ( ) A Variance fo the Zoning Ordinance or Zoning Map ( ) A Variance due fo lack of acces~ as required by New YorkTown Law Chap. 62, Cons. Laws Art. 16, Section 280-A. ( ) Interpretation Of Article .;~ ....... Section 100-. ............ ( ~'"'Reversal or Other: ../~.~I;'~..AT.....V.~R.M~.!.C.C~.' .................................. 4. Previous Appeal. A previous appeal (has) ~en made with respect to fhJs properly or wlfh respect fo this decision of the Buil~ecfor (Appeal # ...... Year ....... ). REASONS FOR APPEAL (Addltionai sheets may be used with applicant's siqnature): AREA VARIANCE REASON.C;: (1) An undesirable ..imnge will not be produced in the CHARACTER of the neighborhood or a detriment fo n. rby properties, if granted, because: "t/f/=- ~,q"r'e~c~ *-,P-- T//~-- , (2) The benefit soUgni by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (4) The varance will NOT h-' I, v~F. ~'O~c~ ,~uve an aaverse enect or impact on the physical or environmental conditions in ~';e neighborhood or district because: ~ (5) Hos fhe oll~ge~ ~Jfficu[fy *~eem self-cr~fed~ ( ) Yes, or ( This is fhe MINIMUM fhaf Is ~e~cess~ry and adequufe, and of fhe same time prese~e and profecf fhe characfer Of fhu neighborhood and fhe healfh, sufe~, and welfare of fhe communify. ( ) Check this box if USE VAktANCE STAN~co~p~ and attached. ~, erore_me fh~s (Signature of Appellant or Authorized A enf cQ ~o~, .~ ¢£ ~,....~...j, 20~_~, (Agent must submit Authodzafion from ~;n2r) Notary Public ZBA App 08/00 DOREEN A. PERRONE NOTARY PUBLIC,State of New Y~rJJ ·. N0. 4861858 Ouall~d In Nassau ~0L~// j OommJss~ Expires &/~2~ AN ORIGINAL AND SIX COPY SETS OF YOUR INITIAL APPLICATION AND ALL FUTURE DOCUMENT SUBMISSIONS, INCLUDING A COVER LETTER, ARE NECESSARY FOR A TOTAL OF SEVEN (7). WE THANK YOU IN ADVANCE FOR YOUR UNDERSTANDING. Effective: September 2001. ~_ %~5-18~9 ° SOUTHOLD TOWN BOARD OF APPEALS 1. O~Nt~O'?ICE OF DISAPPI~OV.A/, from tJ/e B~ ~pector ~ed ~ ~uJ ~ Sev~ (7) s~ of a sket~/b~g FLOOR p~ ~ he.h% of / ~'/~~ECK (nom-ref~dable) payable to ~ ,,~--~- ~~ C~R~., (~t of fees is om the reverae of t~ sh 4/2/97 (temporary short form) To Applicants: A receipt from the Building Department, o_fAffJda¥it from the app cant or his agent, indicating service of a copy Of this Appeal A Iicat' ' [,s necessary as part of the annea ~; ..... PP ~on w. lth the Building Department ~ew York Town Law PJeas~r~n~r!.~'.'~ i~.uce~s as required under the provisions of' appeal application to the Board of Appeals. when submitting your Thank you. QUESTIONNAIRE FOR FILING WITH YOUR Z.~.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial i~%~rest in the subject premises and a description of their interests: (Separate sheet may be attached.} B. Is the subject pr~ises listed on tae real estate market for ~}or being shown to prospective buyers? { } Nc. (If Yes, please attach copy of "conditions" of Sale.) C. Are there~3Kiy proposals to chanqe or alter land { } Yes {~ No ' D. 1. Are there any areas which cont~n wetland grasses? 2. Are the wetland areas shown on the map s~b~itted with tt~s application? 3. Is the prope~%f bu3-kheadedbctweea the wetlands a~e~ and ~he UPland building area2 4. if your property contai~ we61~ or pond areas, have you contacted the Office of the Town T_~ustaes for its determ~ natidn of jurisd/ction? y~% E. Is there a depression or slouing elevation near the area of proposed poastl-~ction at or belo~ five feet above mean sea level? ~Q- (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are szlh~itt~q? ~ON~- If none exist, please state "none." G. Do you have a~¥ ccnstl-uction tek/ag place at th~ ~ time concel-n~ng your prem/ses? ~0~ If /es, please sukmlit a cop~ of ~our b~ild_~q permit and map as approved by the Bu/lding Department. If acne, please state. H. Do you or any co-~wuer aisc own other land close to parcel? /~0 If yes, please exp!~n where or ~,bm~t copies cf deeds. 3187, iO/90Ik APPLICANT TRANSACTIONAL DISCLOSURE FORM ~he Town of Soubhold's Code of Ethics prohibits conflicts interest on the park of town officers and employees. Th,. purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance variance ~ Change of zone" Approval of plat Exemption from pl~t or official ;nap Other - (If "Other,,. name the activity.) Do you Personally (or through your company, spouse, sibling, parent, or child) hRve a relationship with amy officer or employee of the Town of Southold? "Relationship- includes interest, means a business, including a Partnership, in which the town officer or employee has even a partial °~"~mership of (or employment by) a corporatio~ in which the town Officer or employee owns more than 5% of the YES _ NO / If you ~nswered 'YES," complete the balance of this form d~e and sl~n Where indicated. Name of person employed by the Town of Southold Title o.r Position of that person Describe the relat'ionship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. and The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply). A) the owner of greater than 5% of tile shares of the corporate stock of the applicant (when the applicant is a corporation); B) the leoal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, oc employee of the applicantf or __.D) tile actual applicant. DESCRIPTION OF RELATIONSIIII~ Submi bred Signature this day of Print name ~/~ ~ .P, oDIYIONAL INFO FOR BOARD MEMBERS For permit t_o construct a new dwelling at Location of property: 575 Dimmond Lane, P¢conic~-7 0% ' County Tax Map No. 1000 - Section 6_~8 Block_2 Is returned herewith and disapproved on the following grounds: Lot 1._.QO Eastern Permits Section April 23, 2002 DEPARTMENT OF THE ARMY NEW YORK DISTRICT~ CORPS OF ENGINEERS JACOB K. JAVlTS FEDERAL BUILDING NEWYORK, N.Y. 10278-0090 SUBJECT: Joint Application with New York State Department Environmental Conservation of Michael A Chulsan0 ]009 Barrie Ave -Wantagh, NY 11793 Dear Mr. Chuisano: We have recently received a copy of the Joint Application for permit you filed with the New York State Department of Environmental Conservation (NYSDEC) . Please be advised we have reviewed the copy of the Joint Application sent to this office by NYSDEC. Based solely upon the information provided, it appears that a Department of the Army permit is not required for your proposal. The Department of the Army regulates construction activities in navigable waterways and discharges of dredged or fill material into waters of the United States, including inland and coastal wetlands. If your proposal would involve such work, and has'not been portrayed as such in your Joint Application, you should contact this office immediately so that a project-specific determination can be made as to whether a Department of the Army permit will be required. Any inquiries can be directed to this office at (212) 264- 3912, 3913, 6730, or 6731. Sincerely, Marc }{elman Acting Chief, Eastern Permits Section TOWN OF SOtSTHOLD BUILDIN~ DEPARTMENy TOWN HALL SOUTHOLD, NY 11971 ]'EL: (631) 765-1802 FAX: (631) 765-9502 Exarmned ., 20 Approved ,20 Disapproved a,c Expkafion ,20 L_ ..........___]' TO"; · ' ' . O PERMIT NO. BUILDINC RMrr APPLICATION CHECKLIS] Do ~ have or ne. ed the following, before apply/ng'~ Board of Health 3 sets of Building Plans planning Board approval Survey Cheek Septic Form N.Y.S.D.E.C. Trustees Contact: Building Inspector ~PPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,20 02_ a. Tbxs application MUST be completely filled m by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets o~ areas, and waterxvays c. The work covered by tiffs application may not be commenced before issuance of Building Permit. d. Upon approval of this apphcation, the Building Inspector will issue a Building Permit to the applicant. Such a permit si, all be kept on the prem/ses available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate o£ Occupancy. f. Every building permit shall exp/re if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months fi.om such date. If no zoning amendments or other regulations affecting the prope~y have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permSt for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance cfa Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or altemtinns or for removal or demolition as herein described. The applicant agrees to comply with ail applicable laws, ordinances, building code, honsigg code, and regtll~ions, and to admit authorized inspectors on premises and in building for necessary inspections.~/~ ~ ~.,.~__ _ (Signature of applicant or name, if a corporation) Chuisano Chulsano 1009 Barrie Avenue i009 Barde Avenue Wantagh, NY 11793 State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder ame o owner o ren i es (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on w~ch proposed work will be done: House Number Street Hamlet ,/ County Tax Map No. 1000~,c" ctioso.~x~K'.,` ~,: Subdivision/4C~eg Oc ~t~ ~ Block Filed Map No. Lot /O Lot 5. If dwelling, number of dwelling units If garage, number of cars State existing use and occupancy of p?jnises and intended use and occupanc~of proposed construction:- a. Existing use and occupancy V b. Intended use and occupancy Nature of work (check which apphcable): New Building ~ Addition Repair Removal Demolition Other Work Estimated Costg & S-0j oo 0 Alteration (Description) Fee (To be paid on filing this application) . Numberofdwellingunitsoneachfloor,,~ °~ l'~r j /a'a'~''~J3 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height_ Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Depth Height Dimensions of entire new construction: Front ~o ' Height 2. 2- ' Number of Stories Size of lot: Front ¢~z'/,/7 / Rear 10. Date oJ~Purchase 1 l. Zone or use district in which premises are situated Name of Former Owner Rear Number of Stories Rear 6o ' Depth t 2. Does proposed construction violate any zoning law, ordinance or regulation? YES NO__ 13. Will lot be re-graded? YES ~'/~NO__ Will excess fill be removed from premises? YES __ Names of Owner ofl ses Name of Architect Name of Coritractor NO J ~o P> o-x- 7 ~ Address ~T~,uy' O~c~,c A/O' fl?~'o Phone No.(C~J) a0-~.2 'ocffo~ Address Phone No Address Phone No. NO 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE ~EQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO v * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Prowde survey t~:FSa/e/~w~tt3, accurate foundation plan and distances to property lines. · e%' '~. ,' -',,:: ,' - ' ..... 17. If elevat, on a~ ~ ¢~ifit~on p~operty ,s at 10 feet or below, must provide topograph,cal data on survey. STATE OF NEW YORK) SS: COUNTY ~r blz_l, ltf. p,.." C~v'l~,qO ,~ClC~oeing duly (Name of individual signing contract) above named, (S)He is the swo , deposes and says that~.~ i~ the applicants (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file tkis application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this [~H~v dayof ~ ~ Iq.C_ ~ 200 ~L. Notary Public DOREEN A. pERRONE NOTARY PUBLIO,StatO of ~ York No..4861858 . Commission Expires ~ Signature of Applicant 1009 Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 04/15/02 Transaction(s): Application Fees Receipt~: 40764077 Subtotal $600.00 Cash#: 4076/7 Total Paid: $600.00 Name: Chuisano, Michael 1009 Barrie Avenue Wantaugh, NY 11793 Clerk ID: LYNDAB Internal ID: 52809 OFFICE OF BOARD OF APPEALS Southold Town Hall $3095 Main Road~ So~.~old, NY 11971 765-1809 tel. ~ 765-9064 ZBA fax. REPLY FORM Dated: Your application is incomplete for the reasons noted below. ( ) It is requested that the following be forwarded as soon as possible (within about 7 days, if feasible). The advertising deadline is 22 days before the meeting date and the information is necessary for review and advertising purposes. You may forward the information by fax at 765- 9064, however, please send the original by mail. Thank you. The appeal was not filed within 60 days of the decision of the Building Inspector. Missing information - please see missing information checked below. Please submit all the documentation, together with information noted below. If you have any questions, please call us at 765-1809. Thank you. Information requested: '~ Notice of Disapproval issued by the Building Inspector after his/her review of this · particular project map) -~ ~ ~ ~ ~ ~ .~-~<-~----~-J-~_c~ ( ) Check payable to the Town of Southold totaling $ ( ) Signature and notary public information are needed. ( ) An original and six prints of the map were not included. (Preparer's name and date of preparation to be shown.) ( ) Setbacks must be shown for the subject building to all property lines, with preparer's name. ( ) Six (6) sets of a diagram showing the doors, number of stories, and avenge height (from natural grade). ( ) Ownership Seamh back to April 23, 1957 for the subject parcel and all adjoining parcels, ceAified by a title insurance company, and insuring the Town for $25,000. ( ) Copies of all cu~nt deeds and tax bills of the par~ls back to ~ ~ Other: ~ ~ /~ .~d ~~ ~~~~S/, OFFICE OF BOARD OF APPEALS Southold Town Hall 53095 Main Road Southold, NY 11971 .765-~09 tel. ~ 765-9064 ZBA fax. REPLY FORM Dated: ("~L Your application is incomplete for the reasons noted below. ( ) It is requested that the following be forwarded as soon as possible (within about 7 days, if feasible). The advertising deadline is 22 days before the meeting date and the information is necessary for review and advertising purposes. You may forward the information by fax at 765- 9064, however, please send the original by mail. Thank you. ( ) The appeal was not filed within 60 days of the decision of the Building Inspector. (~) Missing information - please see missing information checked below. Please submit all the documentation, together with information noted below. If you have any questions, please call us at 765-1809. Thank you. Information requested: ~ Notice of Disapproval issued by the Building inspector after his/her review of this particular project map~ ( ) Check payable to the Town of Southold totaling $ ( ) Signature and notary public information are needed. ( ) An original and six prints of the map were not included. (Preparer's name and date of preparation to be shown.) ( ) Setbacks must be shown for the subject building to all property lines, with preparer's name. ( ) Six (6) sets of a diagram showing the doors, number of stories, and average height (from natural grade). ( ) Ownership Search back to April 23, 1957 for the subject parcel and all adjoining parcels, certified by a title insurance company, and insuring the Town for $25,000. Copies of all current deeds and tax bills of the parcels back to __ Other: ~ .~) /~.,/Z~' ,~"-,~//.,,Y'~J,/~,,~,~<~ ~ AN ORIGINAL AND SlX COPY SETS OF YOUR INITIAL APPLICATION AND ALL FUTURE DOCUMENT SUBMISSIONS, INCLUDING A COVER LETTER, ARE NECESSARY FOR A TOTAL OF SEVEN (7). WE THANK YOU IN ADVANCE FOR YOUR UNDERSTANDING. Effective: September 2001. NOT~ IS H~REBY GIVEN, pur~ sU~nt ~o S~c~ioo TQ~ ~d~Soumotd, ~e foilo~g ~ppli~ c~ will be he~d Main R~d, Southold, Ng~ York 11971, on ~U~y, July ~ ~i~w (or ~sa%le): , ~6:~ p.~, Appl. N9~,.,5155 - ~f is a ~,s~i sm~ am(lt) Fef. ~-30m~]ia ~r~ an ~Bed ~d Bre~t to ~eir owners~p'~d ~idenc~ existing dwelling. Applica~tff~se a m~imum of t~ (3) B & B guest ~ms, for ~p t0 six guests, on-site p~g is pro~sed for a ~nimum of five (5) ve~cles. ~aaon of Pro.ny: 2110 O~awn Avenue, Sourced; P~cel 1~-70.-2-25.1. 6~35 p.m: AppL No. 51~2 ~ D~ON, ~is is a ~est for a Variance under Section i~-33(1), bas~ on the April 9, 2~2 Notice of an ~sso~ g~age ~t is less ~an ~ny: 620 ~p Pl~e, P~el 1~-34.-3;10. 6:~ p.m. Appl. No. 51~- WAY~ AND S~A D~O. ~s is a ~aest for a V~Ce und~ S~tion I~-2~B, b~ed on the Building Disappmv~ for a g~a~ ad.rich to ~e e~s6ng dwe~ng wi~ a front b~k ~ less ~ 35 f~t. ~a6on of ~Hy: 1975 Cpl, Kidd Drive, 6;45 p.m. AppL No. 5147 - ~D ~ ~A ~OO~. ~s is a ~ [~ a V~ u~ $ecfon l~:2MB~ b~ed on ~e Building BRUS~. ~$ is ~ue~ f~ d V~c~ Build~g ~p~ment's ~1 1, 2~2 Notice 9f ~sapp~v~ concerning a pro- ~1 ~ ~ ~ ~i~ wi~n a New Suffolk Avenue, Cutcho~ue: P~cel 1~-116.-1-1.2. M~C~ ~~:;~ Paul un~r ~ 1~, ~ On the from the front lot line. L~ation of Prope~y: 575 Diamond Lane, Pec6nic; Parcel 7:00 p.m. Appb No. 5141 WILLIAM A~EO. This is a request for a Variaace under Section 100-242A, Disapproval, for an "as built" deck addi- tio~ aI less than 15 feet for a single side STATE OF NEW Y~. )o: COU~OF SUFFOLK), .~/~,,~,,~/,~x.,~zJ/__~-z~ ~:)f Uattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- lished at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly pub- lished in said Newspaper once each week for / weeks successively, commencing on the // .day of ---~/ 20~* Principal Clerk dS:;: t° ~ethis /! 20 ~ ;~--~ LAURA E. BONDARCHUK Notary Public, State of New York No 01 B06067958 Qualified in Suffolk County ,qt'-' My Commission Expires Dec, 24, 20.. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD July 9, 2002 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net Suffolk County Soil & Water Conservation District County Center-2nd FI. Room N-210 Riverhead, NY 11901-2100 Re: ZBA File No. 5136- Michael Chuisano (Owner: Paul Maggio) Gentlemen: We have an application in which a new dwelling is proposed, at propedy referred to as 575 Diamond Lane, Peconic adjacent to the Long Island Sound. This Department has jurisdiction with regard to the proposed location from the front property line and rear property line, and a public hearing has been advertised for July 25, 2002. Copies of the sketch and map furnished as part of our application record are attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal, when possible? Thank you for your assistance. Very truly yours, Gerard P. Goehringer Enclosures FOR OFFICIAL USE ONLY CHECKLIST FOR NEW PROJECTS LABEL ASSESSORS CARD (7 COPIES) CTY. TAX MAP (7 COPIES + 1) INDEX CARD (ATTACH OLD) L!ST .a. LPH..M~K RESEARCH ALPHA COPY PRIORS SIX COPIES IINSPECTION PACKETS COMPLETE L.~EF: UPDATED [! (631) 765-1809 OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 Emaih Linda. Kowalski~Town. Southold.ny.us or Paula. Quintieri~Town. Southold.n¥.us http://southoldtown.northfork.net fax (631) 765-1823 (alt. 9064) FAX TRANSMISSION ATTN: //~0,~/ C~c~ DATE: ~/ ~/2002 REF: Please feel free to call if you did not receive all sheets. Town Hall hours are between 8 and 4. Thank you. ! Pages to follow: ~ . LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS Thursday, July 25, 2002 PUBLIC HEARING NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, July 25, 2002, at the time noted below (or as soon thereafter as possible): 6:55 pm Appl No. 5136 - MICHAEL CHUISANO .(Owner: Paul Maggio) This is a request for a Variance under Section 100-244B, based on the April t, 2002 Notice of Disapproval for a new dwelling at less than 50 feet from the rear lot line and less than 40 feet from the front lot line. Location of Property: 575 Diamond Lane, Peconic; Parcel 1000-68.-2-10. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each Healing or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: Friday, June 28, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (tel. 631-765-1809) LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, G~I~~BLIC HEARING NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday~ August 227 2002, at the time noted below (or as soon thereafter as possible): 7:55 pm Appl. No. 5136 - MICHAEL CHUISANO (Owner: Paul Maggio). This is a Request for Variances under Section 100-244B, based on the Building Department's April 1, 2002 Notice of Disapproval, amended July 9, 2002, to locate a new dwelling at less than 50 feet from the rear lot line and less than 40 feet from the front lot line. Also requested is a Variance under New York Town Law, Section 280-a, ref. Section 100-235A.1 of the Zoning Code, to determine minimum standards for sufficient improvements (fire and emergency access) over Diamond Lane, a private right-of-way extending from applicant's property to the north side of Sound View Avenue. Location of Property: 575 Diamond Lane, Peconic; Parcel 1000-68.-2-10. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each Hearing or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: July 11, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 COMMUNICATION RESULT REPORT (JUL, TRANSMITTED/STORED : JUL. 8,2002 12:37PM FILE MODE OPT]ON P. 1 8,2002 12:41PM) x = ~ FAX HEADER: SOUTHOLD SUPERVISORS ADDRESS RESULT PAGE 532 MEMORY TX 17187683047 OK 7/7 REASON FOR ERROR E-l) HANG UP OR LINE FAIL E-2) BUSY E-3) NO ANSWER E 4) NO FACSIMILE CONNECTION oFFICE OF ZONING BOARD OF APPEALS $3095 Main Road S outhold, NY 11971 Emafl: Linda. Kow~ski(~Town,Southold,nv-us or pnula. Oul. H~ri(~To.wn. Southold'n¥'~s htt. p://southoldtown.no rthfork-~et fax (631) 76~-1825 (alt. 9064) FAX TRANSMISSION REF: ~ Please feel ~e to call if you did not receive all shee;, Town Hall houm are baleen 8 and 4. Thank you. Paaes ~ ~flo~ ~, TOWN OF SOUTHOLD PROPERTY RECORD CARD OWN ER VI LLAGE LOT FORMER OWNER N / ' , DISTRICT I SUB. AC~REAGE1 /o ~ ~)TYPE OF BUILDING ,ID IMP. TOTAL DATE REMARKS Farm Til'~able 1 Tillable 2 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Acre Value Per Acre Value Tillable 3 Woodland Swampland Brushland House Plot Total SURFEY OF PROPERTY T PECONIC OF SOUTHO~ MARCH 13, 2~ FIN L REVI~ED BY ZBA SEE DEC~ DATr ~ I I _ TEST H~.E 0 HSE el 14 $ · I0 I$ SEPTIC SYSTEM /~c~., /~ 17// COASTAL EROSION HAZA/~ LINE FROM COASTAL EROSION HAZARD MAP Photo # 57-559-83 FLOOD ZONES FROM FIRM 36/O,.T, COI6~' G MAY 4, 1999 CONTOUR ~8 ~ ~ ~ ~ V~ J'/~O"~)l az taaRiar with the / STANDARDS FUP APPROVAl AND CONSTRUCTION OF SUBSUrfACE SEWAGE DISPOSAl SYSTEMS FOR $INGI.E FAM][y ~ESIDENCES a~d wiU abide by the conditions set forth there,n and on th~ permit to constr,Jct F¼e (ocation of wells 0nd cesspools shown hemeor~ ore From Field observations amd or data ob%ained Fr'om others · =M£1NUMEN f /' ~/.(' )r~ON~ ISI. IND SOUND ~ ? // N 51'00'00' E 83.84' ;I TEST I-II3LE © G~DUNP ~/ A SURVEY OF PROPERTY AT PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK 1000-68-02-10 SCALE: 1"=50' MARCli 1'3, 2002. A~, t '; t 2 soUND SEPTIC SYSTEM CRO$SECTION COASTAL EROSION HAZARD L/NE FROM COASTAL EROSION HAZARD MAP Photo # 57-559-83 FLOOD ZONES FROM FIRM 36103C016~ G MAY 4~ 1998 FomiUar with Urn' ',IANDAI.-'D', F!]P 5F'PN[]VAL will ,}bide by the ~or,dition% .et ¢orU, thCr~zm~ or,d 'B' O+ ~o ~ CJ, DRAINAGE SYSTEM CALCULATIONS ALL TOPS & COVERS TO BE TRAFFIC BEAI~ttNG V . ~RC R ' 2' RAINFALL = 0.17 It, C = COEFFICIENT OF RUNOFF = 1.0 4~00 ~.1. ~ 0.1~ ~ I ~ ~l~ ~u. ft. ~I6/ 4~.~4 = 19.~ V.~, OF ~' ~ rings PROVID~ f~' ~ ~ ~' deep POOLS with rial covers PLAN & PROFILE DESIGN BY dOSEPH FISCHETTI~ P.E. HOBART ROAD SOUTHOLD, N.Y. (631) 765-2954 PROPOSED PLAN AND PROFILE OF PART OF DIAMOND LANE A T PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. I000- 88-02- 10 JUNE 24, 2002 July 25~ ~00~ (revisions] cut ~I' /;II&' /'///2' 3" crown ¢typ.) ~mpacted wearing cours / / E,14~ stone blen~ /../ / 6" compacted base course existing bank course or olher suitable material -~ TYPICAL STORM WA TER UNIT with rial g' traffic cover ground water to be cleared t ~:)~.~ ¥ NO. ~t9618 raked and seeded f651) 76'5~v'~~ r~] 765 -1797 IZ30 TRA V~T~ET SOUTHOLD~ N.Y. 11971 02 - 11~ ~) COUNTY OF SUFFOLK J,,a~,- SOUr'HOLD J s~-~ Rear Property Tax Service Agency v,u.~l~ -L 068 OININ~ ~OOM 14'8"x04'8" LIVIN¢ F~OOM 60'-O" =- CX~NI5 KITCHEN I1'¢"xl6' CLOSET 12'xl2' LAU. t~ATH ~ CLO 12'xl2' FIRST FLOOR PLAN SCALE: 1/4"= 1'-0" Note: Height of house - 28' from grade to ridge MAP ED BY ZI3A DECI! DATED___- I~ I_..___- REV. DESCRIPTION DATE INITIALS O ~ LUll31 PASCARELLA, P.B.~ I=LL, C CONSULTING E~GINEER 2872 KINLOCH ROAD WANTAGH, N.Y. 11793 (516) 826-8244 PROJECT TITLE: CHUISANO RESIDENCE 575 DIAMOND LANE PECONIC, N.Y. 11958 DRAWING TITLE: FIRST FLOOR PLAN PLANS ARE AN INST~RUMENT OF SERVICE AND ARE THE PROPERTY OF THE ENGINEER, UNAUTHORIZED ALTERATION OR ADDITION TO THESE PLANS IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATIOM LAW ALL INFRINGEMENTS WILL 0E PROSECUTED. DATE 3-28-02 PROJECT No. MC-1 ;HEET No. q'x~O' 024 024 c24 SECOND FLOOR PLAN SCALE: 1/4"= 1'-0" Note: Height of house - 28' from grade to ridge ROJECT TITLE: CHUISANO RESIDENCE 575 DIAMOND LANE PECONIC, N.Y. 11958 DRAWING TITLE: SECOND FLOOR PLAN REV. THESE PLANS ARE AN INSTRUMENT OF SERVICE AND ARE THE PROPERTY OF THE ENGINEER UNAUTHORIZED ALTERATION OR ADDITION TO THESE PLANS IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. ALL INFRINGEMENTS WILL BE PROSECUTED. DESCRIPTION DATE INITIALS 3-28-02 PROJECT No. MC-1 SHEET No. 2 OF2