HomeMy WebLinkAbout6383
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio
Gerard P. Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork, net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 763-9064
RECEIVED
AND DETERMINATION
MEETING OF OCTOBER 7, 2010 SO
ZBA FILE No.: 6383
NAME OF APPLICANT: Sim Moy CTM 1000-90-2-1
PROPERTY LOCATION: 750 West Lake Drive, (adj. to Little Peconic Bay and Dug Inlet) Southold, NY
SEQRA DETERMiNATION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type II category of the State's List of Actions, without
further steps under SEQRA.
SUFFOLK COUNTY ADMiNISTRATIVE CODE: This application was referred as required under the Suffolk
County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its
reply dated April 29, 2010 stating that this application is considered a matter for local determination as there
appears to be no significant county-wide or inter-community impact.
LWRP: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the
Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The
LWRP Coordinator issued his reply dated June 21, 2010, Based upon the information provided on the LWRP
Consistency Assessment Form submitted to this department, as well as the records available to us, it is our
recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is
CONSISTENT with the LWRP.
PROPERTY FACTS/DESCRIPTION: Applicant's property is an 8,861 sq. ft. non-conforming waterfi'ont parcel.
The lot is also identified as Lot 119 within Cedar Beach Park at Bayview, located in Southold, NY. The northerly
lot line measures 77.04 feet along a private right of way named West Lake Drive. The easterly lot line measures
104.50 feet from West Lake Drive to the water's edge of Little Peconic Bay. The southerly lot line measures
89.93feet along a wooden bulkhead on Little Peconic Bay, and the westerly lot line measures 99.53 feet along a
wooden bulkhead on the dug Inlet, which joins West Lake to Little Peconic Bay. The parcel is currently not
developed, with the proposed construction as shown on the site survey drawn by Fox Land Surveying on Dec. 06,
2004, updated numerous times, with the last revision under ZBA consideration dated Sept. 21, 2010.
BASIS OF APPLICATION: Request for Variances from Code Sections 280-124 & 280-116 based on an
application for building permit and the Building Inspector's January 12, 2010, Updated March 15, 2010, Notice of
Disapproval concerning construction of a new single family dwelling, at (1) less than the code required minimum
rear yard setback of 35 feet, (2) less than the code required setback from a bulkhead of 75 feet at; 750 West Lake
Dr., Southold, NY. SCTM#1000-90-2-1. (adj. to Little Peconic Bay and dug Inlet)
RELIEF REQUESTED: The applicant proposes to construct a new single family dwelling on this non-conforming
parcel, with a non-conforming rear yard setback of 31 feet rather than the Code required 35 feet; and the
Applicant proposes to establish a non-conforming setback from the bulkhead of 26 feet on the southern lot line
Page 2 - October 7, 2010
ZBA File#6383 - Moy
CTM: 1000-90-2-1
adjacent to Little Peconic Bay, and another non-conforming setback from the bulkhead of 24 feet on the western lot
line adjacent to a channel called the dug Inlet which connects Little Peconic Bay to West Lake.
AMENDED APPLICATION: During the June 30, 2010 hearing, the applicant was asked to bring the plan into
more conformity with the code. The ZBA expressed concern about the location of the Applicant's proposed
driveway, in very close proximity to a bulkhead. On the Sept. 23, 2010 Public Hearing, the Applicant submitted a
revised survey by David H. Fox, Licensed Surveyor last dated September 21, 2010 which shows a relocated side
yard building entrance with a proposed distance from the Dug Inlet to the door steps at 24.3 ft., an increase of 3 fr.,
from the original proposed distance of 21.2 ft. The Applicant also redesigned the proposed driveway, shifting it
further away from the Dug Inlet bulkhead, to a proposed minimum distance of+/- 12 ft. from the bulkhead to the
edge of the driveway, as shown on the revised site plan sheet S-1 drawn by Joseph Fischetti, P.E., and dated Sept.
08, 2010.
ADDITIONAL iNFORMATION: The Applicant has submitted a letter from the Southold Board of Town Trustees
dated July 22, 2009, approving this new construction, accompanied by a Wetland Permit issued by the Trustees.
The Applicant has submitted a valid NYSDEC Permit, dated Dec. 19, 2006, and a letter from the Suffolk County
Soil and Water Conservation District, dated June 17, 2010, with recommendations to the Applicant regarding
methods to ensure the protection of the natural environment. The Applicant has also recently submitted a
landscape/grading plan, and a letter of intent to construct an access road as required under Section 280-137A[e] of
the Town Code, drawn and written by Joseph Fischetti, Professional Engineer, and dated July 16, 2010. The ZBA
has also received written statements and correspondence from several neighbors, including representatives of the
West Lake Association, Inc., all of which were considered in the Board's deliberations.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held public hearings on this application on June 30, 2010, August 26, 2010 and
Sept. 23, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation,
personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and
relevant and makes the following findings:
1. Town Law §267-b{3}(b){1). Grant of the variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The residential neighborhood consists of many developed
non-conforming sized parcels, with many non-conforming front yard setbacks, and setbacks from bulkheads. The
Zoning Board of Appeals, in several past decisions has granted similar variances for bulkhead setbacks within this
neighborhood, and the granting of the variances requested by the Applicant will not create any additional adverse
effects that would outweigh the benefit that the Applicant would achieve by the proposed construction.
2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue, other than an area variance. The small area size of this property and the fact that two
lot lines are adjacent to bulkheads create a situation whereby the Applicant cannot build a house without variances.
3. Town Law §267-b(3)(b)O). The variance relief granted herein for the distance to the bulkheads is substantial.
The proposed 24 foot setback from the westerly bulkhead is a +68% reduction in the Code required 75 foot
setback. The proposed 26 foot setback from the southerly bulkhead is a +65% reduction in the required setback.
The variance relief granted for the 31 foot re. orr yard setback, is a +11% reduction, where Code requires a 35 foot
setback, and is not substantial. ~
4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood. The
Applicant will comply with all of the conditions specified in the Southold Town Board of Trnstees Wetland Permit
and NYSDEC Permit. The Applicant is also strongly encouraged by this Board to adhere to all recommendations
made by the Suffolk County Soil and Water Conservation District.
5. Town Law §267-b(3)(b)(5). The difficulty has not been self-created, but is attributed to the size and location of
the Applicant's particular parcel.
Page 3 - October 7, 2010
ZBA File#6383 - Moy
CTM: 1000-90-2-1
6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a single family dwelling, while preserving and protecting the character of the
neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under
New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member
Schneider, and duly carded, to
GRANT, the variance as AMENDED, and shown on the survey drawn by Fox Land Surveying on Dec. 6, 2004,
with the last revision under ZBA consideration dated Sept. 21, 2010, and the site plan sheet S-1 drawn by Joseph
Fischetti, Professional Engineer, and dated September 8, 2010.
Conditions:
1. The Applicant will implement all aspects of the grading plan as approved by the Trustees and as noted on
the site plan approved herein including: "Site fill not to exceed 350 cubic yards".
2. The Applicant will develop the required Section 280-137A[e] access to the property.
3. During the construction process, the Applicant shall use light, rubber tired construction equipment to avoid
damage to the natural features of the subject property and the two as built bulkheads
Any damage to the bulkhead along the Dug Inlet caused during the construction process shall be repaired by
the owner/applicant and no Certificate of Occupancy shall be issued by the Building Department until
repairs are made as required.
5. The owner/applicant shall file covenants and restrictions on the subject property to advise future owners
that the maintenance of the bulkhead along the Dug Inlet is a continuing obligation
6. The owner/applicant shall install a line of hay bales during the construction process as per best
environmental management practices to protect both bulkheads on the subject property
7. The owner applicant shall install a 4 fi. high wood split rail fence, or similar to act as a safety guardrail
between the Dug Inlet and the proposed pervious driveway for the entire length of the proposed driveway.
That the above conditions be written into the Building lnspector's Certificate of Occupancy, when issued
Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a
possible denial by th~ Building Department of a building permit, and may require a new application and public hearing before
the Zoning Board of Appeals.
Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or
survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action
does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the
Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of
nonconformity.
Leslie Kanes Weisman, Chairperson
Approved for Filing/~ / ,/,,~/2010
· ~: sron~ DRIvEway
~ ' . :. ~ PROPOSED LOCATION
LITTLE ::: :~ OF HOUSE ON P[UNGS ~
~ LARE
,R
PECONIC BAY ..... ~ m
: ~. . · ~ ~ ,,"
5 7 ~ 12'
S 21'1~'10" W 104.5'--
~ NOTE: S~E FILL NOT TO ~ 'r
~CEED 350 CUBIC YARDS
PROPOSED GRADE ~ ---- '~ ....................
S~E P~N ~FINAL MAP
REVIEWED BY ZBA
SEE ~CI$10N ~ ¢~ s,~, ~o:
~EST HOLE DATA
N10'39
WEST LAKE
WEST
Lot 119
g
89.9
LITTLE PECONIc EtA ¥
SANITARY SECTION:
SEPTIC TANK CESSPOOL
NOTES:
1. TOTAL AREA = B,861 S.F.
ADJACENT AREA = 8,434 S.F.
2. 0 = SPIKE SET, O= REBAR FOUND.
3. SUBDIVISION MAP "CEDAR BEACH PARK" FILED
IN THE OFRCE OF THE CLERK OF SUFFOLK COUNTY
ON DEC. 20, 1927 AS FILE NO. BO
4. ELEVATIONS SHOWN HEREON ARE REFERENCED TO
N.A.V. DATUM 1988.
5. THIS PARCEL IS WITHIN FIRM ZONE VE(EL 10) AS
DILINEATED ON RRM BOUNDARY MAP NO.
361DSCD169 H LAST DATED SEPT. 25, 2009
6. APPROXIMATE FILL REQUIRED --
1BO CUBIC YARDS REQUIRED (FOR SANITARY).
7. ADJACENT LOT COVERAGE:
HOUSE = 1,061 S.F.
DECK = 534 S,F.
TOTAL = 1,595 S.F. OR 18.9%
B. THE NON-TURF BUFFER MAY BE MAINTAINED
ViA MOWING.
RETAINING WALL SECTION
FINISHED GRADE i I TOP OF WALL
Lot 118
SL dohns ?.~°rr~erly
episcopal Church
FINAL MAP
REVIEWED BY ZBA
SEE DECISION #
DATED
TO BACKFILLrNG
3,,
REBAR ~ 12" O/C
Survey for:
SIM MOY
Lot 1 19, "Cedar Beach Park"
At
Bayvieto
Town of
So~thold
Suffolk County, New York
SCALE: 1 '=2D'
JOSEPH RSCHETTI, PE
PROFESSIONAL ENGINEER
1725 HOBART ROAD
SOUTHOLD, N.Y. 11971
CERTIFIED
SIM
DAViD H. FOX, L.S.P.C. N.~S.L.S. ~/50234
FOX I~Y~
64 SUNSET AVENUE
WESTHAMPTON BEACH, N.% 11978
(631) 288-0022
DWG: 2004-74~-
Suffolk Environmental Consulting, Inc.
Newman Village, Suite E, 2322 Main Street. P.O. Box 2003, Bridgehampton, New York 11932-2003
(631) 53%5160 Fax: (631) 537-5291
Bruce Anderson, M.S., President
October 3, 2011
Southold Town Zoning Board of Appeals
Attn: Vicki Toth
P.O. Box 1179
Southold, NY 11971
Situate:
SCTM#:
Moy Property
West Lake Drive; Southold, NY
lO00-90-g- 1
Dear Ms. Toth,
As you know this Firm represents the owner of the propedy referenced
above who is seeking to improve thereon. Per the requirements of the Southold
Zoning Board of Appeals, I enclose a certified copy of the Declaration of
Covenants and Restrictions filed with the Suffolk County Clerk's offices on
September 29, 2011, in Liber 12672 page 643.
Should you have any questions concerning this matter, please feel free to
contact this office at any time. Thank you in advance for your attention and
consideration.
Sincerely,
Diane K. Wassick
enc.
cc: Mr. Moy
CC #: Cll-36323
COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Record thereof do hereby certify that I have compared the annexed with the original
DECLARATION
recorded in my office on09/2912011 under Liber D00012572 and Page 643 and,
that the same is a true copy thereof, and of the whole of such original.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County
and Court this 09/2912011
SUFFOLK COUNTY CLERK
JUDITH A. PASCALE
SEA1,
RECEIVED
BOARD OF APPEALS
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION
Number of Pages: 6
Receipt Number : 11-0107816
District:
1000
Recorded:
At:
09/29/2011
09:47:08 AM
Page/Filing
COE
TP-584
Cert. Copies
LIBER: D00012672
PAGE: 643
Section: Block: Lot:
090.00 02.00 001.000
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
$30.00 NO Handling $20.00 NO
$5.00 NO NYS SRCHG $15.00 NO
$0.00 NO Notation $0.00 NO
$7.50 NO RPT $30.00 NO
Fees Paid $107.50
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
Number of pages
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage Instrument
REC:ORbE[:,
20ii Seo 29 Fra..~
CLERk: OF
RECEIVED SUFFOLF COUNT'-,.'
L [.,00012672
BOARD OF APPEALS
Deed / Mortgage Tax Stamp Recording / Filing Stamps
3 I FEES
Page / Filing Fee ~,~.~ J ~
Handling 20. O0
TP-584
Notation
EA-$2 17 (County) Sub Total
EA-$217 (State)
Comm. of Ed. 5. O0
Affidavit
Certified Copy Q'~
NYS Surcharge 15. 00 SubTotal
Other
Grand Total j
4JD~ .... I I
1000 09000 0200 001000
Real Pn ~
Tax Ser
Agen
Verifica
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
Suffolk Environmental Consulting, Inc.
P.O. Box 2003
Bridgehampton, NY 11932
Mail to: Judith A. Pascale, Suffolk County Clerk Co7.'N/ame
310 Center Drive, Riverhead, NY 11901
www,suffolkcountyny.gov/clerk Tit e #
5
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit
or
Spec,/Add.
TOT. MTG. TAX
Dual Town __ Dual County __
Held for Appointment
Transfer Tax
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page # of this instrument,
Community Preservation Fund
Consideration Amount $
CPF Tax Due S
Improved
Vacant Land
TD
TD
TD
Title Company Information
Suffolk County Recording & Endorsement Page
This page forms part of the attached
by:
SIM MOY
106 MULBERRY CORPORATION
Declaration of Covenants and Restrictions
(SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
made
TO In theTOWN of SOUTHOLD
TOWN OF SOUTHOLD In the VILLAGE
ZONING BOARD OF APPEALS or HAMLET of SOUTHOLD
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
DECLARATION OF COVENANTS AND RESTRICTIONS
THISDECLARATIONis made and dated the 2-O~ day of January, 2011 by SIM
MOY, an individual having an address at 106 Mulberry Street, New York, New York 10013, and
106 MULBERRY CORPORATION, a domestic business corporation with offices at 88 Mulberry
Street, New York, New York 10013 (hereinafter collectively "Declarant")
WITN_ESSETH:
WHEREAS, Declarants is the owner of a parcel of certain real property known as
750 West Lake Drive, Hamlet of Bayview, Town of Southold, County of Suffolk, State of New York
identified on the Suffolk County Land and Tax Map as District 1000, Section 90, Block 2, Lot(s) I
and more particularly described on Schedule "A" annexed hereto and made a part hereof (the
"Premises"); and
WHEREAS, the westerly lot line of the Premises measures ninety-nine and 53/100
(99.53 ) feet along a wooden bulkhead on the Dug Inlet (the "Bulkhead"), which adjoins West Lake
to Little Peconic Bay; and
WHEREAS, Declarants has heretofore applied to the Zoning Board of Appeals of
the Town of Southold, County of Suffolk and State of New York (hereinafter the "Zoning Board
of Appeals") for area variances from Article 23, §280-124 & 280-116 of the Zoning Code of the
Town of Southold for the Premises; and
WHEREAS, by Findings, Deliberations and Determination of the Zoning Board of
Appeals approved for filing on October 12, 2010, based upon the testimony, documentation, personal
inspection of the Premises and other evidence, said application for area variances was approved on
the condition, inter alia, that Declarant files Covenants and Restrictions on the Premises; and.~/~
RECEIVED
OCT 6 011
BOARD OF APPEALS
WHEREAS, for and in consideration of the granting of said approval, the Zoning
Board of Appeals has deemed it in the best interests of the Town of Southold that the within
Covenants and Restrictions be imposed on the Premises and said Zoning Board of Appeals has
required that the within Declaration be filed in the Suffolk County Clerk's Office; and
WHEREAS, the Declarant has considered the foregoing and has determined that the
same will be for the best interests of the Declarant and subsequent owners of the property;
NOW, THEREFORE,
WITNESSETH:
THAT the Declarant, does hereby covenant and agree that the said Premises herein
described shall hereafter be subject to the Covenants and Restrictions as herein cited, which shall
run with the land and shall be binding upon all purchasers and holders of said lots, their heirs,
executors, legal representatives, distributees, successors and assigns, to wit: that the owner of the
Premises maintain said Bulkhead (but shall not be obligated to dredge or maintain the Dug Inlet).
If any section, subsection, paragraph, clause, phrase or provision of these Covenants
and Restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid
or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole,
or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid
or unconstitutional.
The aforementioned Covenants and Restrictions are intended for the benefit of and
shall be enfomeable by the Town of Southold, State of New York, by injunctive relief or by any
other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to
enforce same shall not be deemed to affect the validity of this covenant nor to impose any liabilityc.
2
BOARD OF APPEALS
whatsoever upon the Town of Southold or any office or employee thereof.
The within Covenants and Restrictions shall run with the land and shall be binding
upon the Declarant and its successors and assigns, and upon all persons or entities claiming under
them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by
subsequent owners of the Premises unless and until approved the Zoning Board of Appeals of the
Town of Southold, or its successor, following a public hearing.
IN WITNESS WHEREOF, the Declarant have caused this instrument to be executed
the day and year first written above.
By:
SIM MOY 67L~-
106 MULBERRY CORPORATION
Name: STUART. fl~Y
Title: President'
STATE OF NEW YORK, COUNTY OF~,t/ '~ DDt~ '-q ss.:
On the~0"/'/~ day of J~u~, in the year 2011, before me, the undersigned, a Not~ Public in
and for said State, personally appe~ed SIM MOY, personally ~o~ to me or proved to me on the
basis of satisfacto~ evidence to be ~e individual whose nme is subscribed to ~e within instrument
~d ac~owledged to me ~at she executed the sine in her capaciW ~d that by her signa~re on ~e
instrument, the individual, or the person upon behalf of which the individual acted, executed the
instrument.
FU~ ~ LIN
~Y ~,~A~ N~ ~
~FIED IN ~
~G. ~ 01F~I
~,~ ~M. ~. ~014
RECEIVED
OCT ~ 2011
BOARD OF APPEALS
STATE OF NEW YORK, COUNTY OF /~S ss.:
On th~ day of January in the year 2011 before me, the undersigned, a Notary
Public in and for said State, personally appeared STUART MOY personally known to me or proved
to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his capacity and that by his
signature on the instrument, the individual, or the person upon behalf of which the individual acted,
executed the instrument.
FUNG KAM LIN
NOTARY PUBLIC, 8'rATE OF NEW Y0~(
QUALIFIED IN KING COUNTY
REG. # 01F1.~22~1
~,,'Y COMM. EXP. 05/24/20'14
4
OCT g 2011
BOARD OF APPEALS
SCHEDULE A
RECEIVED
BOARD OF APPEALS
SCTM No. 1000-90-2-1
ALL that certain plot, piece or parcel of land, lying and being in the Town of Southold,
County of Suffolk and State of New York, particularly identified as Lot Numbered 119
on a certain Map entitled "Subdivision Map of Cedar Beach Park" and filed in the offices
of the Suffolk County Clerk as Map No. 90.
Suffolk Environmental Consulting, Inc.
Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003
(631 ) 537-5160 Fax: (631) 537-529 I
Bruce Anderson, M.S., President ~
HAND DELIVERED ~ ~ 3 ~3
September 23, 2010
Southold Town Zoning Board of Appeals
Town Hall
P. O. Box 1179
Southold, New York 11971
Re:
MOY Application
Situate: 750 West Lake Drive, Southold
SCTM # 1000-90-2-1
Dear Members of the Board,
Attached herewith please find 10-copies of the survey prepared by Fox
Land Surveying last dated September 21, 2010 along with 10-copies of the site
plan prepared by Joseph Fischetti dated September 8, 2010. Both plans were
revised in accordance with our discussions of August 26, 2010. At that meeting,
you had requested that we re-align the stairs leading to the deck previously
orientated in an east-west orientation to a north-south orientation so as to
relocate the driveway further away from the westerly bulkhead. Both plans
reflect this amendment increasing the setback of the driveway to the bulkhead at
12-feet at its closest point.
Bruce A. Anderson
Cc: D. Rosenberg, Esq. (w/encl.)
FORM NO. ?
NOTICE OF DISAPPROVAL
TO:
Shawn Baron for
Sim Moy
P O Box 2003
Bridgehampton, NY 11932-2003
DATE: January 12, 2010
Update: March 15, ~EIVED
MAR 1
BOARD OF APPEALS
Please take notice that your application dated January 6, 2010
For construction of a new single family dwelling at
Location of propert~h~Vest Lake Dr., Southold, NY
County Tax Map No. 1000 - Section 90 Block 2 Lot I
Is returned herewith and disapproved on the following grounds:
The proposed new dwelling on this non-conforming 8,861 sq. fi. lot, is not penuitted
pursuant to Article XXIII Section 280-124 which states;
"This section is intended to provide minimum standards for granting of a building
permit for the principal buildings of lots which are recognized by the town under
280-9, are nonconforming & have not merged pursuant to 280-10."
For lots less than 20,000 sq. ft., the required rear 'yard setback is 35'. The proposed new
dwelling indicates a rear yard setback of 31'.
In addition, the proposed dwelling is not permitted pursuant to Article XXII Section 280-
116 which states:
"All buildings or structures located on lots upon which a bulkhead, ... and which
are adiacent to tidal water bodies other than sounds shall be set back not less than 75 feet
from the bulkhead."
The survey indicates the proposed dwelling setback 24' from the westerly bulkhead &
26' from th.e southerly bulkhead.
This Notice of Disapproval was written based on the survey by D Fox~ last dated
2/25110.
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
/x(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
To: Leslie Weisman, Chair
Town of Southold Zoning Board of Appeals
From: Mark Terry, Principal Planner \rx~'~
LWRP Coordinator~
RECEIVED
BOARD OF AppEALS
Date: June 21,2010
Re: SIM MOY #6383
SCTM#1000-90-2-1.
SIM MOY #6383. Request for Variances from Code Sections 280-124 & 280-116 based on an
application for building permit and the Building Inspector's January 12, 2010, Updated March
15, 2010, Notice of Disapproval concerning construction of a new single family dwelling, at (1)
less than the code required minimum rear yard setback of 35 feet, (2) less than the code
required setback from a bulkhead of 75 feet at; 750 West Lake Dr., Southold, NY.
SCTM#1000-90-2-1. (adj. to Little Peconic Bay and dug Inlet)
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the
Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. Based upon the information provided on the LWRP Consistency Assessment
Form submitted to this department, as well as the records available to me, it is my
recommendation that the proposed action is CONSISTENT with the below listed Policy
Standards and therefore is CONSISTENT with the LWRP.
In September of 2009, the Board of Trustees issued a permit for the proposed action
requiring a 14' non-disturbance buffer, no grading or fill on the property (except for that
necessary to site the sanitary systems) and other best management practices that
further the policies of the LWRP.
Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this
recommendation in preparing its written determination regarding the consistency of the
proposed action.
Cc: Jennifer Andaloro, Assistant Town Attorney
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
THOMAS A. ISLES, A.I.C.P
DIRECTOR OF PLANNING
April 29, 2010
Town of Southold ZBA
PO Box 1179
Southold, NY 11971
Att: Leslie K. Weisman Chairman
Dear Ms. Weisman:
Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative
Code, the following applications submitted to the Suffolk County Planning Commission are to be a
matter for local determination as there appears to be no significant county-wide or inter-community
impact. A decision of local determination should not be construed as either an approval or
disapproval.
Applicants
Municipal File Numbers
Moy, Sim (c/o Shawn Barton)
Gonzales, Joseph
Abele, John
Greene, Andrew
Regina's Garden (c/o Edward Harbes)
Wren, Maryl
Pappas, Jennie
#6383
#6384
#6386
#6387
#6388
#6389
#6390
TRK:ds
Very truly yours,
Thomas A. Isles
Director of Planning
Theodore R. Klein
Senior Planner
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 (631) 853-5181
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044
COUNTY OF SUFFOLK
SOXL AND WATEK
June 15, 2010
Chairperson Leslie K. Weisman
Town of Southold Board of Appeals
P,O, Box 1179
Southold, New York 11971-0959
BOARD OW APPEALS
RE: ZBA File REF. No 6383 (Moy)
De.a~ Chairperson Weisman:
As requested, a site review was conducted at 750 West Lake Drive in Southold on June 15 2010. The site
was evaluated for potential natural resource concerns regarding the construction of a new single family
dwelling.
The subject property is a currently undeveloped lot located on Hog Neck Bay, on the east side of the inlet to
West Lake. The lot is nearly level with an average elevation o£5 feet above sea level. There is no current
existing erosion. Tke entire property is in vegetative cover with a buffer of Beach Grass along the bay side.
There is an existing bulkhead on all three sides of the property which border water. All bulkheads are in
adequate condition; they should be inspected at least annually and repaired as needed.
The survey indicates that hay bales will be used along the edge of the waterbodies. It is recommended that
silt fence be used in conjunction with the hay bales in order to provide an additional meatus of runoff
prevention. In lieu of the proposed sanitary system a septic tank and leaching field may be more appropriate,
This system allows for more even distribution of the waste water and a greater separation fi'om ground water.
Once the home is built it is recommended to install mo£gutters and downspouts in order to safely outlet the
rainwater onto the lawn. Lastly, it is suggested that any lawn areas be vegetated with low maintenance
grasses and/or native plants. These plants do not require inputs or fertilizers or pesticides and will therefore
help to maintain good water quality in the bay.
There are no natural resource concerns with regard to thc construction of a single family dwelling. If you
require further assistance in this matter please don't hesitate to let me know.
Best ~gards, ~
~i, District Technician
423 GRIFFING AVENUE SUITE 110 RIVER~EAD, NY 11901
FORM NO. 3
NOTICE OF DISAPPROVAL
TO:
Shawn Barron for
Sim Moy
P O Box 2003
Bridgehampton, NY 11932-2003
DATE: January 12, 2010
Update: March 15, 2010
Please take notice that your application dated January 6, 2010
For construction of a new single family dwelling at
Location of property- West Lake Dr., Southold, NY
County Tax Map No. 1000 - Section 90 Block 2 Lot I
Is returned herewith and disapproved on the following grounds:
The proposed new dwelling on this non-conforming 8,861 sq. ft. lot, is not permitted
pursuant to Article XXIII Section 280-124 which states;
"This section is intended to provide minimum standards for granting of a building
permit for the principal buildings of lots which are recognized by the town under
280-9, are nonconforming & have not merged pursuant to 280-10."
For lots less than 20,000 sq. ft., the required rear yard setback is 35'. The proposed new
dwelling indicates a rear yard setback of 31 '.
In addition, the proposed dwelling is not permitted pursuant to Article XXII Section 280-
116 which states:
"All buildings or structures located on lots upon which a bulkhead, ... and which
are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet
from the bulkhead."
The survey indicates the proposed dwelling setback 24' from the westerly bulkhead &
26' from th9 southerly bulkhead.
This Notice of Disapproval was written based on the survey by D Fox, last dated
2/25/10.
FORM NO. 3
NOTICE OF DISAPPROVAL
TO:
Shawn Barron for
Sim Moy
P O Box 2003
Bridgehampton, NY 11932-2003
DATE: January 12, 201 ~FCEIVi=D
BOARD OF APPEALS
Please take notice that your application dated January 6, 2010
For construction of a new single family dwelling at
Location ofproperty4 West Lake Dr., Southold, NY
County Tax Map No. 1000 - Section 90 Block 2 Lot I
Is returned herewith and disapproved on the following grounds:
The proposed new dwelling on this non-conforming 8,861 sq. fr. lot, is not permitted
pursuant to Article XXIII Section 280-124 which states;
"This section is intended to provide minimum standards for granting of a building
permit for the principal buildings of lots which are recognized by the town under
280-9, are nonconforming & have not merged pursuant to 2~O-10."
For lots less than 20,000 sq. fi., the required rear yard setback is 3~. The proposed new
dwelling indicates a rear yard setback of 31 '.
In addition, the proposed dwelling is not permitted pursuant to Article XXII Section 280-
116 which states:
"All buildings or structures located on lots upon which a bulkhead, ... and which
are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet
fi-om the bulkhead."
The survey indicates thc proposed dwelling setback 24' from the westerly bulkhead &
26' fi.om the southerly bulkhead.
This Notice of Disapproval was written based on the survey by D Foy. last dated
9/10/09.
EL. 7.0'-- - --
N. FLOOR
NORTH ELEVATIO~',~
SCALE: 1/4" = 1'-0"
WEST ELEVA'TION
RECEIVED~ ...-.
MAR ] ? 2010
BOARD OF APPEALS
DRAWN BY: .]F/MH
November 13, 200!
~CALE: 1/4" = 1'-0"
SHEET NO:
SCALE: 1/4" = 1'-.0"
EL. 7.0'-- -
NATURAL GRADE
SOUTH ELE~,ATION
SCALE: 1/4" = '; r--o"
EAST ELEVATION
SCALE: 1/4" = 1'-0"
~oARD OF APPEAL''~
· W
00~
DRAWN BY: iF/MR"
November :13f 2009
SCALE: 1/4" = 1'-0"
SHEET NO:
48'-5V~"
DECK
MASTER BEDROOM
LIVING ROOM
DINING
DECK_
MASTER BATH
ENTRY
KiTCHEN
NATURAL GRADE: EL. 7.0'
NEW GRADE: EL. ZO.O'
TOP OF FIN. FLOOR: EL. 14.0'
~ PROJECT NORTH
1ST. FLOOR PLAN
SCALE: 1/4": 1'-0'
r~
LI.I
DP, AWN BY: ]F/MH
November 13, 2009
;CALE: 1/4" = 1'-0"
SHEET NO:
~ PROJECT NORTH
2ND. FLOOR PLAN
SCALE: 1/4" = 1'-0'
LLI
DRAWN BY: .1F/MH
November 13, 200c.
SCALE: 1/~-" = 1'-0"
~ET NO:
(21 ~12 PT G~DER (21 2X12 PT ~RD[R (2) ~12 PT 6mOER (21 ~12 PT GraDER /
'
,,, ~, ,
' (WPIC~L) ' "~ ~",' ,' ,' ,' ,' ,'
' ' (2) 3X12 PT G~DER (2) 3X12 ~t GraDER ~2) 3X12 PT ~RDER "' '
............................................................. ~_,~ .... ~ .... :__2_ _25 ............ ~,
~I~L) ~ 8 '
(~) ~X:~ PT ~RDER ~
I ...................... BOARD OF
6' 11 I1/32" r 6'-11 11/32" J 6'-11 11/32" , 6'-11 11/32" 6'-11 11/32" , 6'-11 1t/32"~ 6'-0" D~WN BY: ]F/NH
4" ~ '4" 4" [~ Februa~ 26, 2010
' ' S~LE: 1/4" = 1'-0"
PILING .
I
APPLICATION TO THE SOUTHOLD TOWN BOARI> OF APPEALS
RECEIVer)
Fee: $ ~ Filed By:
BOARD OF ~
B'ouseNo7 ~ Street West Lake Drive Hamlet Bayview (Southold)
Parcel
8CTM 1000 Section 90 Block*. 2 ,Lofts) 1 Lot Size 8,861 sq.fl. Zone R-40 .~
i aTt _o tm SLr n O msP .croR
Applican~Owner(s): Sim Moy ' 4~l~S ~ h
Mliilihg
Address:
106 Mulberry Street - Apt. 7; New York,' NY
Telepliione: 212,431.8531
Authorized RepreSentative;Suff°lk Environments Gonsulting, lac. for (ge) Owner, or ( ) Other:
Address: P. O. Box 2003; Bridgehampton, NY 11932
TeLephone: 631.537.5160
Please check box to spegify who you wish correspondence to be mailed to, from the above names: '~1 Applicant/Owner(s) Ig Authorized Representative EIOther Name/Address:
WHI~REBYTHEB!IILDIN.G Ii~SPECTORDENIED ANAYPLICATION DATED I/2!10 i[,///
~'OR: . : ' ?~, / J ~'/
~ BuiXdiu~ Permit ' UR 3//
[] Certificate of Occupancy [] Pre-Certificate of Occupancy
I~ Change of Use
D PeFmit for As-Built Construction
DOther:
Provision of the Zolaing. Ordlnahee Appealed~ Indicate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not.quote the code.
Article 23 Section- 280- 124 & 280-116 Subsection
Type 0fAppeaL An Appealis made f. or: ~ A Variance to the Zoning Code or Zoning Map.
U A Variance due ~o la~k of ffccess required-by New York Town Law-Section 280-A.
D Interpretation of the Town Code, Article Section
[] Reversal or Other
A prior appeal {3 lia%q(has not been made with,respect to this property UNDER Appeal
No. Year . (Please be sure to research before completing this question or call our office to
assist you.).
Sim Moy
Name of Applicant:
CTM# 1000-90-2-1 ZBASilc#
REASONS FOR APPEAL (additional sheets map be used with,prepargr's signature):
AREA VARIANCE R~.4SONS:
RECEIVED
MAR 1 72010
BOARD OF APPEALS
Please see attached.
(1) Au undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties if granted, because:'
(2) The benefit sought by the applicant CANI~OT b~ achieved by some method feasible for the
applicant to pursue, other than an a~'eu varig/nee, because:
O) The amount of relief requested is not substautiai because:
(4) The vari~neo will NOT have an adverse'effect or impact on fhe physical or environmental condition~
in the neighb6rh'ood ot dfstrict because: ,~
(5) Has the alleged difficulty been self-created? ( )Yes, ov ~fNo.
Are there Covennnts and Restrlctions concerning this land: ~'~o. ~] Ye~ (pl~asz fttrnish cotm).
This is the.MINIMUM that is necgssary and adequate, and at the same time preserve and protect the
charaeter of the neighborhood and the health, s~fety, a~d welfare of the community.
Cheek rids box ( . ) IF A USE V.4P,.IANCE IS BEING ~QUESTED, AND PLEASE COMPLETE
A ~A CHED USE VANCE sHEET: (Ple~e be sure to eohsult your ~orney0
's~~
~ (Agent must ~bmit wrl~en Autho~tlon from Owner)
Nota~ Pu~c.
Matthew D. Ivans
Notar, Pubhc of New York
No 011V6053859
Qualified in Suffolk County
gomrmssion Expires January 22, 20 ff
Application of Sim Moy
West Lake Drive, Southold
SCTM#: 100-90-2-1
RECEIVED
MAR 1 ?7010
BOARD Of APPEALS
Area Variance Reasons
1. An undesirable change will not be produced in the CHARACTER of the
neighborhood or a detriment to nearby properties if granted, because:
The proposed construction of a single family dwelling and deck will not create an
undesirable change in the neighborhood as the proposed construction is in keeping with
the character of the neighborhood, which is generally characterized by undersized lots
containing structures that do not comply with dimensional setbacks. Likewise, the
proposed improvements will not create a detriment to nearby properties for the same
reasons.
2. The benefit sought by the applicant CANNOT be achieved by some method
feasible for the applicant to pursue, other than an area variance, because:
Because of the undersized nature of the lot (8,861 fie), the property cannot be reasonably
developed without variance relief.
3. The amount of relief is not substantial because:
The amount of relief is not substantial because it is the minimum relief necessary to
reasonably improve the property with a single family dwelling.
4. The variance will NOT have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district because:
The variance will not have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district because the surrounding properties which are
similarly improved have not been demonstrated to have an adverse physical or
environmental impact to the neighborhood or district. Additionally, the Southold Town
Trustees and the NYSDEC have issued a Wetlands Permit for the proposed
improvements, which they would not have done if the improvements were expected to
have an adverse environmental impact.
5. Has the alleged difficulty been self-creatd? No.
This document was prepared by: ~~
APPLIC~,NT'S PROJECT DESCRIPTION
(For ZBA Reference)
RECEIVED
MAR 1 72010
AppUcant: Sim Moy
Date Prepared: 1/21/10 BOARD OF APPEALS
I. For Demolition of Existing Butiding Areas
Please desoribe areas b~ing romovexl: Not applicable
H. New ConsirucfionAreas (New Dwellingor New Additions/Extensions);
D~mens~o~s of first floor extension, 42.4 x 25' -
Dimens/on~ of new second floor:. 42.4' x 25'
Dimensions 0f:fl~v~ above second level: Not applicable
Height (fi-om fitiished gromid/0 top ofridge):, 29' 2" '
l~.ba~ement o;.~owe~t floor''~rea being con~truoted? ltTyes, please provide height (above groand)
measured from n~tui'al existing gradE to first floor: N0.
iff. Proposed Coustrlii~tion Description .(Alterations or Structural Changes)
(attach ex~he~t if uee~s/~y) - Ple~ describe building are~:
Numbgi-i~fFlobi-sahdGcncr~tCharacteri~ficsBEFORE~lt~r~tious: New Construction..
Number b f Floors ~/nd Chaage~ W t'rl-l' Alterations{
IV. Calculhtions of building areas.and lot coverage (from surveyor):
Existing square £ootage o f buildin§s 'on your property: 0
PropOSed increase of building coverage: ~
Squ~rcfootageo£yourlot: 8,861 sq. ft.
Percentage of coverage ofyou~ lot by building area:..4-~o '
V. Purpose ofNew. ConStructiou: Res dent al dwellinfl on vacant !and.
VI.' Please describe the laud eontom;s (flat, slffpe.'%~ heavily wooded, marsh area, etc.) on your laud
and how it relates.to the difficulty in meeting the code requiremeat(~):
F, lata
Please s~bmi~ s~gen (7) photosi labeled to show 'different angles oi yard areas after staking corners
for new construction), and photos of building area to be altered with yard view.
7~2002; 2/2005; 1/2007
QUESTIONNAIRE
FOR I~ .ING WITH YOUR Z.B.A. APPLICATION
Is the subject premises listed.on the t~al estate market for sale?
~ Yes ~lq'o .
RECEIVED
M~R 1 7
BOARD OF APPEALS
Are there,my proposals th chmage or alter land con~[6urs?
UNo ~ Yes, please, e~pl~ia: on attached sheet, 180 c.y. fill for s~ptic only.
1) Aretherc 9reas.that. eontain safid or wetland grasses? Yes.
2) Are lhese areas shown on the map sfibmittad with this~application? Yes.
3) Is..the propeRy bulkheadod 1/~tweon the ~tlands area. and the upland building area~
Yes~,althofl.qh un:revelt?d wetlands are present off sub{e, ct propertv.
4) If your propertX, cbntai~s'~;etlands'or p~nd.areas, have yoh epntanted the t~ffi0e .of the
Town Tmste~ for its determination of jmS~diction? Yes ' Please, confirm sta0as of your
inquiry or application with the'Tmstees:'Permit ~tTq 33 {ssu0d 'duly 22. 2009
and i~:ismed, please attach cdpies of p~m~it with conditions and approved map.
Is there a depreSsion or'sloping elevatmri near the area of proposed construction at or below five
feet above mean sea level? NO.
Are there any patios, concrete barriers; b?lkheads or fences'that exist and are not shown
on. the.'smWey-map that you are submitting? 'NO. (Please show area of these
structures o.n a diagram if any exist. Or state "none" on the above line, if applicable3 -
D6 you have any construction taking place at thi~ time concerning your premises? No.
If yes, please submit a copy of your building permit and map as approved by the Building
Department and describe:
the proximity of your lands on yot/r map with this application. ' '
H. Plea~,e list pregent use or operations condueted at this;parcel No~e. Vacan~
, , ' .,. · . and proposed use Si,nolefami[v dwellino.'
(example: existing: slogl~-famiiy; preluded:. ~ffm~'with garage or pool, or other
;z / l
Au~rized Signature. and D~te I [ 2/05;
Do you or a~y cd-owner als0 own other land close to this parcel?N0, .If ye~, please label
~17.21
For [r31ZlSTED ;4cTiOff$ Only
PART I - P~j~t ~omifion (T~ b~ complete by Appli~t or ProjeCt ~o~oO
1. Appfl~t / Sp~sor . . 2. ~1~ Narae
~-[SUffO~ Environmental Consulting,
~'~m~n~ of, Southold (Bayvie~), County of Suffolk
4..Precls~ I~flon (~eel a~r~ an~ m~'lnte~e~ons..p[~m~hant I~hdma~s, el~ or provue ~ap)
Drive, 487' west of Midway Road
~ blODIPIcATION l ALTERATION
MAR 1 2010
-I'Te'iminus of West Lake
E Is proposed action:.
' ~ ,T--~. ~:~ANSION'
6. D~sc, dbe project briefly:
BOARD OF APPEALS
J
IConstructior{ of a single family dwelling and related appurtenances.
7. Amount of I~/nd eff'e~ed:
Jllallially: 'acres; Ulllmalely: ac*os
,18,861 square feet; 8,861 square feet
a. Wlliprop6sed'e¢~oncomplywi~hex~s~Jnoorotherex~stlr..cjlanduse. res~ctlonsI [E.S [~]NO ,rNo. clesc,bebrleny:
A ea.varia ces required.
9.-What Is preseht land. use in ~IclnlW of.pmjec(: (describe):
10. Does aclion Ii'lVol~,o a permit approval or funding, now or utumalely from any other Go?emmental ageaoy,(F~i~eral, Stale er l~oCal) ?
i~[~-*~"~'~'~NO ' If Yes. fist agency(s) and pemlll/appravals:
t 1. Does any aspect of the ae~iod h~ve a curmal[y valid permit or approval?
NO ' I!"~es, list agenc3J(a) and permll/approvals:
t'l'own Trustees and NYSDEC Wetlands Permits.
12.' ~.~ 'a result of proposed acllon, will exfsUng per'nil/approval require ~modtflcatlon?
~yES, r'~NO IlYes. ,st agency(s)and permit/approvals:
,I.
t
I cer~lh~ that the Information provided above Is true to the best off'ny kRowledge
Stgnature:
If t/lo action is ltl the Coastal Area, and you are a state agenc}5 complete tho Coastal Assessment Form before proceeding with this assessment
TRANSACTIONAL DISCLOSURE FORM
APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT:
The Town of 8outhold's Code of Ethics prohibits conflicts of interest on fl~e part of Tox~n officers
and employees. The purpose of this form is to provide information, which can alert the Town of
possible conflicts o£interest and allow it to take whatever action is necessary to avoid same.
Shawn M Barren
(List name, first name, middle initial, unless you are applying in the name of someone else or
other entity, such as a company. If so, indicate the Other person or company name.)
NA'IIJ'RE OFAPPLICATION: (Check all that apply.)
Variance
Special' Exception
*Other
.Apptoyal'or Exemption
from plat or offioiat map
Cl~nge of.Zone
Tkx Grie..vane.e
'~If"Othef~ hame the activity:
RECEIVED
BOARD OF APPEALS
- Do you personally (or tt/zough your company, spouse, sibling, parent, or child) have a
r~lationship with any officer Or employee of the To~n of Southold7 "Kelationshin" includes by
blood, marria~,e, or business.interest '~Business intereSt" mearm a.busi[tess, .ir~eludln~-a
pat~ershiu.: in whi¢!3 the Town offiCer or employee has even a partial ovniership o:f (or
empl~wnent by'la corooration in which the Town officer or employee owm morp than. 5%xff the
YES NO ~'
If you answered "YES'; complete the bqlance of this form attddate attd sign wherb in. dicated.
Name of person employ&l by the Town of Southold:
Titl~ or position of that person:
Describe that relationship between yOurself (the applicant, agent or contract vendee) ahd the
Town Officer or employ'ce. Either check the appropriate line A through D (below) and/or
desci.ibo the rel,tionshlp .in the space provided.
The Town officer or employee or his .or her{spouse, sibling, p~ent, or child ia (gheck all that
/ipply):' '
A) the Ogmer of greater'than 5% of the shin-es of the c orp6rate stock
of the applicant (when the applicaat is a corporatidn);
B) .the legal or beneficial owner of ~5' interest in a non-corporate enti~
(when the applicant is not a eorpomiign);
(2) an officer, director, pamaer, or employee of the applicant; or
D) theactual apl~lioant.
DESCI~PTION OF RBLATIONSH~
Matthew D. Ivans
Notary Public o~ ~!e¢,, York
No 01h~6053859
8ualified in Suffolk County
Commission Expires January 22,
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of the town officers and
employees. The purpose of this form is to provide information which can alert the town of possible
conflicts of interest and allow it to take whatever action is necessary to avoid same.
YOUR NAME: MOY, SIM H.
Last name, first name, middle initial, unless you are applying in the name of someone else
of other entity, such as a company. If so, indicate the other person's or comp~'~D
NATURE OF APPLICATION: (Check all that apply.)
Tax grievance
Variance X
Change of zone
Approval of plat
Exemption from plat or official map
Other
(If "Other," name the activity.)
MAR 1 ? 2010
BOARD OF APPEALS
Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any
officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business
interest. "Business interest" means a business, including a partnership, in which the town officer or
employee has even a partial ownership of (or employment by) a corporation in which the town officer or
employee owns more than 5% of the shares.
YES NO X
If you answered "YES," complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself (the applicant) and the town officer or employee. Either check
to appropriate line A) through D) and/or describe in the space provided.
The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply):
A) the owner of greater then 5% of the shares of the corporate stock of the applicant (when
the applicant is a corporation);
B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant
is not a corporation);
C) an officer, director, partner, or employee of the applicant; or
D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted this ~70'~ day of ~N~O~,Z~.~'~' 200~_
Print name ~t~ ~' ~ ~
Matthew D, Ivans
Notary Public of New York
No. 01~V6053859
AGRICULTURAL DATA STATEMENT
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
RECEIVED
MAR 1 72010
E~OARD OF APPEALS
WHEN TO USE THIS FORM: Ttte fornt mu~t be contpleted by the applicant for arty special use permit, site
plan approval, use variance, or subdivision approval on property within an agricultnral district OR within .
500 feet of a farnt operation located in agricultural district..411 applications requiring an agricultural data
statentent must be referred to the Suffolk Connty Depar#nent of Planning itl accordance with Sections 239-
m attd 239-n of the General Mnnicipal Law.
Name ofApplicam: Shawn M. Barron, Suffolk Environmental Consulting, Inc.
2) AddressOfApplicant: P.O, Box 2003; Bridgehampton, NY 11932
3) Name of Lan_d Owner (if other than applicant): Sim Moy
4) Address of Land Owner: 106 Mulberry Stroot Apt. 7 New York. NY
~) Deseriptlon of ProposedPr~jem: Construction ofsingle family dwelling, deck and sanitarysysrem.
6) Location of Propart~ (road a0d tax map numbar): West Lake Drive. 100-90 2 1
7) Is tie parcel within an agricaltural district? V-'INo I'-lyes If yes, Agricultural District Number
8) Is this parcel actively farmed? l~]No []Yes
9) Name and address of any owner(s) of land within the agricultural district containing active farm
operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through
the Town Assessors Office, Town Hall location (765-1937) or fi.om any public compmer at the Town Hall
locations by viewing the pamel numbers on the Town of Southold Real Property Tax System.
Name and Addrsss
2.,
(Please use back side of page if more than six property owners arc identified.)
The lot numbers may bc obtained, in advance, whcn rcqucsted from either thc Office of thc Planning Board at
765-1938 ort~ Board of Appeals at 765-1809.
Nnt¢:
I. Thc local board will solicitcommants from the owners of land identified above in order to consid~ the effect of the proposed action
on their farm operation. Solicitation will be made by ~upplying a copy of this statement.
2. Comments returned to the local board will be taken into consideration as part of the ovccall review of this application.
3. Copies of the complctecl Agr/cultural Data Statetnent shall b* sent by applicant end/or the clerk of thc board to the property owners
identified above. The cost for trailing shall be paid by the applicant at thc time the application is submitted for review. Failure to pay at
such time means thd application is not complete and cannot be acted upon by the board.
1-14-09
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
RECEIVED
MAR 1 7~010
A. iNSTRUCTIONS
BOARD OF APPEALS
All applicants for p~mits* including .To>,vn of Southold agencies, Shall complete this CCAF for
proposed actton~ that are subject to the Town of Southold. Waterfront Comistency Review Law. This
a~sessment is intended to ~applement other information used'by a T~wn of So~thold agency in
making a detemlinafion of con~iatency. *EXcept minor e.mmpt action,, including Building Permit,
and other ministerial pe~nits not located within the Coc~tal ErosiOn Hazard Area.
' Before answering tho questions in Section C,"tho preparer of this 'form should review the ~eml{t
minor action lis(,, policies and explanations of each polig~? contained' in ~he Town o[ Southold Local
Water~ont Rovit~!i~ation Pfog~mn. A proposed action will be evaluated as to its sig~3fleant
beneficial and adverse.effects uptn the coastal area (whic!~ i~clud~q all of Southold Town),
l'f any qt!e~tion in:Section C on this 'form is a~vered "y~"; then.the proposed.action may ,affect the
achievement of the LWRP policy standatd~ :and c;ondi~ons-contained in the consistency revi.ow law.
Thu§, the actipn shohld be analyzed in more dotal and, if necessary,.'modified prior to making a
determination that it is consistent 'to the maximum.extent practicable With the L.WRP policy
standards and conditiom. If an a~fion carmot b~ Certifie, d as consistent with the LWRP p01'ity
standards and condition,s, it shall lint be mi~textakea.
A copy of the LWRP is available in the following places: ohline at the Town of Southold's website
(southoldto{ma.norttffork.net), the Board of Trustees Office, the Plmming Department, all local
libraries and. the ToWn Clerk's<>ffic~.
B. DIgSCRIPTION OF SITE AND PROPOSED ACTION
SCTM# 90 2 1
The Appli~:ation'has been.submitted to (check appropriate responso):
Category ~fTown of 8outhold agency action (check fip~ropriato.response)
(a) Action undertaken.directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land t~msaction)
,(b) Financial ~siatance (e.g. grant, loan, subsidy)
(c) permit, approval, license, c~rtih~
Nature and extent of action:
Applicant proposes to construct a two story single family dwelling with 3 bedrooms with
an attached deck, pervious driveway, and an elevated sanitary system requiring
180 cubic yards of fill.
,·
Location of action: Sis West Lake Drive· Bavview; Town of Southold
Site acreage: 0.2 acres
Present land use:· Vacant
Present zoning classification: R-40
Ifm .~ppliOation for the proposed action has been'filed with the Town of Southold age.ney, the following
information shall be provided:
(a) Nameofapplica~: S!m H. Moy
Co) Mailing addresS: 106 Milbem/Street -Apt. 7; New York, NY 10013
Cc) Telephononumben Area Cod0 ( ) 2t2 431 8531
(d) Application nmb.er, if any: ,
Will_tho action be.dirdctly undertake~ require ~unding or approval by a state 6r federal agency?
Yes~ NEVI. If yes, which state or federal agency?
C. DEVELOPED COAST POLICY
Polic~l. Foster a pattern of developmen~t in the Town of Southold that enhances community character,
preserves 6pen.space, makes efficient us.e of infrastructure, makes beneficial .use 6f a coastal location, and
minimize~ adverse effects of development. See LWRP Section III x Policies; Page 2 for evaluatlo~
criteria,
· ~']YeS i~ No D'NotApplicable
fh s grqiec~ w n/prove on ~/acant residentially zoned land. upon a,lot.located in a .meghborhood of sin/!larly sized properties and
'·s~ructures. ~he [~rqp0sal as d,esigfled, will.not resuli in adverse effects to the surrounding enwronment in that
~ne. prol. ect has b~en ?s,~gnod so as to n~aintain or exceed all regulatory condition~ associated with improw.n~ on a Io[s~tuated in. proximity to the surface waters
,in the Tgw? of Southold. Additiona y, the surroundin9 neighoornooo ~s ~omprised of similarly sized dwellings on similarly s~zer~ properties which have
~oi~cy -
Attach additional shce~ ii i~ec~sai-y
archaeologmal resources olt the town of'Soathold. See LWRP'
-"Pol~r~t~t and preserve l~i~toric a/~d ' ' ' '
~oction IH -.Pollcj~'Pag~ 3 ths~u~r.~j~riterla Yes ~ NO ~ Not Applicable
Attach. addRional sheets if aec~sar)'
Policy 3. Enhance visual quality ~nd protect scenic resources thr6ughout the Town Of South01d. S6e
LWRP Section H! - Policies Pages 6 through 7 for evaluation criteria
The proposed project will not adyersely impact the visual quality of the surrounding area in'that the surrounding area is comprised of pmpe~ies
improved with single family dwellings of similar and larger sizes. Scenic resources are no[ at risk dut to.the property being si'tuated
at the terminu§ of Wegt Lake Drive wh ch res0 ts n on y one adjgcent parce to the west which could potentially be impa.cted, and
'which is owned by the aplp!icant~ husband Furthermore this policy cannot, preclude tl~e develpproent of this lot as it is a pre exi{ting '
building lot
·, .~tta~h additional smuts if necessary'
NATURAL COAST POLICIES
Policy 47 1Vlinimize koss o.f ilfe~ structures, and natural resources from fl0odigg and erosion, See LWRP
Section III -~ Policies Pages '8 th~'ough 16. f~r evaluation criteria
~ Y~s ~-] No ~ Not Applicable
kubject prop'e[~y i~'culrrently improved with a bulkhead. Therefore the property is substantially protected l'r~m tloodihg anfl/~)r
erosion. Additignally the project will, be constructed in accordance with the applicable FEMA regulations. Th/~ri~fore the loss of life. structures and
'natt~ral resources Will be minimized.
Attach additional she~{s if ncc~sary
. P~iicy. 5. Protect and improve water quality and supply in the Town of $outhold. See LW'RP Section IH
-- P6ti¢ies Pages 16 througl~ 21 for evaluation criteria
[~ Yes ~ No'~NotApplicahle
Subject proposal will utilize.public warer and a modern sanitary system that will comply w th all applicable SCDHS standards. As sitch.
there should h~ no mpact to water quality, or the water supply of the Town of Southo d:
AR~ck additt6nal S~e~ts if n¢c~ear~
Policy 6, Protect and restore the quality and functibn of the Town of 8outhold ecosystems including
' :Significant Coastal Fish and Wildlife Habit~_~ts and wetlands. S~ LWRP Section III - Policiesl- Pages
thro.ugh 32 for 'eYdiuati0n c~-iieria.
Permits for the proposed project have been issued b'~ the Southold Town Trustees and the NYSDEC. Therefore no impacts
Aitach addilionat sheets if necessary
Policy 7. Protect and improve air quality in the Town of Sou/hold, See LWRP Section III - POlicies
Pages 32 ihrottgh 34 for evaluation criteria.
~] Yes [~ No [~] lXlot Applicable
.~o impacts to the air :lualit?, of the Town of Sguthold are ant~icipated
~[tlach addili6nal sheet"if n~cessary
Policy 8. Miui~/iize environ, mental degradation in lown of S0ut~old from .solid waste and hazardous
..substances ~nd wastes, see'LWRP Section IH~ P011ei~s; Pages 34 through 38 for'evaluation criteria.
~ 'Yes ~ No ~ Not Applicable
The proI~osed project does not nye ve the disposal and.or transportation of solid waste and hazardous substances and wastes
PUBLIC COAST POLICIES
Policy"9. Provide for public access to, and recreational use of, .coastal waters, public lands, and public
resources, of the Town of Southold. See'LWRP Section III - Policies; Pages 38 through 46 for eyaluatien
criteria.
~ Yes~ 1No~'] Not Applicable
Subject property is private prope, xty and does not p[ovide for public access to adjacent coastal waters or public resources of the Town of Southold.
Attach addil~nat ghe~ts ifnece*sary
WORIII~G COASTPOLICIES '
'Policy 10. P~otect Smithold's water-dependent uses and promote siting of new water-dependent uses in
SuitaMe locations. See LWRP Section HI -' Policies; Pages 47 through 56 for evaluation criteria.
The proposed project does not involve a water dependent use.
additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary
attd Town Waters. See LWRP Section III -Policies; Pages 57 thro~tgh 62 for evaluation criteria.
-- Yes [~ No ~] Not Applicable
proposed project does not involve any form of marine resource management.
~ch additional sheets ifneo~sa!'y
· Poli.cy 12. Protect agricultura[lands in the Town' of Soathold. See LWRP SeCtiOn HI -Politic;. P~g~ (2
through' 65 for evaluation criterl~
The proposed project does not i~volve agricultural lands no~ is it located withip an Agricultural pistrict.
Attach additional sheets if [~ecessary
Policy 13. Promote appropriate use and development of energy and mineral resources, See LWRP
'Section III - Policies; Pages 65 through 68 for evaluation criteria,
~ Yes -- NO ~-] Not Appikable
The proposed project· does not involve the development of energ}' and or'mineral resources.
Created on 5/25/05 11: 20 AM
Suffolk Environmental Consulting, Inc.
3/16/10
Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003
(631 ) 537-5160 Fax: (631) 537-5291
Bruce Anderson, M.S., President RECEIVED
blAR 1 7201l
Southold Town Zoning Board of Appeals
P.O. Box 1179
Southold, NY 11971
BOAP~ OF APPEALS
Re.*
Situate:
SCTM #:
MO Y Property
West Lake Drive, Bayview
Town of Southold, NY
1000 - 090 - 02 - 001
Dear Ms. Kowalski,
This firm represents Ms. Sim Moy, owner of the above referenced property, who is
seeking variance relief for proposed improvements to be located thereon. Accordingly,
please find eight (8) copies of a complete application package containing the following
items:
2.
3.
4.
6.
7.
8.
9.
10.
11.
Notice of Disapproval dated January 10, 2010, updated 3/15/10;
Completed Application Form;
Completed Project Description Questionnaire Form;
Photographs of the property with stakes indicating the location of the
proposed improvements;
Town Property Card;
Completed LWRP Form;
Completed Short EAF;
Survey prepared by Fox Land Surveying, dated January 11, 2010;
Building Plans (elevation views and floor plan) prepared by Joseph Fischetti;
Copy of the NYSDEC Tidal Wetlands Permit; and
Copy of the Southold Town Trustees Wetlands Permit.
Additonally, please find enclosed a copy of the Southold Town Trustees Wetlands
Permit, and NYSDEC Tidal Wetlands Permit.
Kindly review the enclosed application submission and schedule the matter for the next
available hearing date. Should you have any questions, please do not hesitate to contact
me.
Sincerely,
w/End.
Suffolk Environmental Consulting, Inc.
Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003
(631) 537-5160 Fax: (631) 537-529 I
Bruce Anderson, M.S., President
March 17, 2010
Southold Town Zoning Board of Appeals
P.O. Box 1179
Southold, NY 11971
RECEIVED
BOARD OF APPEAl ~
Re'-
Situate:
SCTM #:
MOYProperty
West Lake D~ve, Bayview
Town ofSouthold, NY
1000- 090-02 -001
To Whom It May Concern:
Enclosed, please find the original copy of the MOY Variance application. Kindly process
the application at your earliest convenience.
Sincerely,
w/Encl.
OWNER'S ENDORSEMENT
(TO BE SIGNED IF APPLICANT IS NOT OWNER)
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
BOARD OF APPEALS
SIM H. MOY, being duly sworn, deposes and says; I reside at
106 Mulberry Street - Apt. 7e New York Ci_ty
In the County of New York and the state of New York ,
and I am the (owner in fee) (officer of the Corporation which is owner in fee) of
the premises described in the foregoing application and that I have authorized
Suffolk Environmental Consultingf Inc.
to make the foregoing application as described herein.
Signature
Signature
If Corporation, name of corporation and Officer
Officer's Title
Before me, this ~ day of
b, JoYe,,,--~e,r ~ 2009
Notary Public
Matthew D, Ivans
Notary PubJic of New York
No, 011V6053859
Oualified in Suffolk County
Commission Expires January 2.2,
James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
Bob Ghosio, Jr.
Town Hall Annex
54375 Main Road
P.O. Box 1179
Southald, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
July 22, 2009
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
RECEIVED
MAR 1
BOARD OF APPEALS
Mr, Sim Moy
106 Mulberry St., Apt. 7
NewYork, NY 10013
RE:
750 WEST LAKE RD., SOUTHOLD
SCTM#90-2-1
Dear Mr. Moy:
The Board of Town Trustees took the following action during its regular meeting held on
Wed., July 22, 2009 regarding the above matter:
WHEREAS, Suffolk Environmental Consulting, Inc,. on behalf of SIM MOY applied to
the Southold Town Trustees for a permit under the provisions of Chapter 275 of the
Southold Town Code, the Wetland Ordinance of the Town of Southold, application
dated January 31,2005, and,
WHEREAS, said application was referred to the Southold Town Conservation Advisory
Council and to the Local Waterfront Revitalization Program Coordinator for their findings
and recommendations, and,
WHEREAS, Public Hearings were held by the Town Trustees with respect to said
application at which time all interested persons were given an opportunity to be heard,
and,
WHEREAS, the Board members have personally viewed and are familiar with the
premises in question and the surrounding area, and,
WHEREAS, the Board has considered all the testimony and documentation submitted
concerning this application, and,
WHEREAS, the structure complies with the standards set forth in Chapter 275 of the
Southold Town Code,
2
WHEREAS, the Board has determined that the project as proposed will not affect the
health, safety and general welfare of the people of the town,
NOW THEREFORE BE IT,
RESOLVED, that the Board of Trustees APPROVES the application of SIM MOY to
construct a single-family dwelling and sanitary system with the following conditions: the
area between the timber curb and the bulkhead is left as a non-disturbance buffer, with
the exception of a 4' wide path to the water; no grading of the property; no fill or other
material is placed on the property with the exception of the amount necessary for the
sanitary system, as approved by the Heath Dept.; the remainder of the property is
maintained as a non-turf area; a line of staked hay bales is installed prior to any
construction activities, and all as depicted on the survey prepared by David H. Fox last
revised September 10, 2009.
Permit to construct and complete project will expire two years from the date the permit
is signed. Fees must be paid, if applicable, and permit issued within six months of the
date of this notification.
Inspections are required at a fee of $50.00 per inspection. (See attached schedule.)
Fees:S100.00
Very truly yours,
Jam ing
President, Board of Trustees
JFK/Ims
BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD, NEW YORK
PERM1T NO. 7133
DATE: JULY 22~ 2009
ISSUED TO: SIM MOY
PROPERTY ADDRESS: 750 WEST LAKE DR.~ SOUTHOLD
SCTM#90-2-1
AUTHORIZATION
Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of
Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on
July 22, 2009 in consideration of application fee in the sum of $250.00 paid by Sim Mov and subject to the
and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the
following:
Wetland Permit to construct a single-family dwelling and sanitary system with
the following conditions: the area between the timber curb and the bulkhead is left as a
non-disturbance buffer, with the exception of a 4' wide path to the water; no grading of
the property; no fill or other material is placed on the property with the exception of the
amount necessary for the sanitary system, as approved by the Heath Dept.;
of the property is maintained as a non-turf area; a line of staked hay bales is installed
prior to any construction activities, and all as depicted on the survey prepared by David
H. Fox last revised September 10, 2009.
IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed,
and these presents to be subscribed by a majority of the said Board as of this date.
Bob Ghosio, Jr. - NAY
James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
Bob Ghosio, Jr.
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES
72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN
APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO
SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE
PERMIT.
INSPECTION SCHEDULE
,/
__ Pre-construction, hay bale line
__ 1st day of construction
¼ constructed
Project complete, compliance inspection.
WEST LAKE
0
t 1'
L
Lot 119
rUALEs
LITTLE ~ECONIc BAy'
21'1
~P31C TANK
GRADE
C.I. COVER
TO GRADE
EL=2.4
---~ASONAL H~GH
GROUND WATER
EL=6.2
GW
EL=1.5
St.
Lot 118
now
Johns ~r. formerly
~Ptscopol Church
TEST HOLE DATA
McDONALD GEOSCIENCE
DEC. ZO, 2OO4
0.0
MIXED SAND
AND LOAM
4.7
WATER JN
MIXED SAND
AND LOAM
7.0
WATER IN
- APPROVED By-
BOARD OF TRUSTEES
..... : OF SOU~;;
Survey for:
SIM MO¥
1 19,
NOTES:
1. TOT~
2.0=
3. SUB
IN T
4. ELEx
5. THIS
DILII~
~61(
6. APP
180
7. AD&
HOUS
DECK
TOTAt
8. THE
VIA
"Cedar Beo. eh P(~rk"
At
Brtvv'i, eto
Town of
$o~tl~ol~
Suffolk County, New York
S.C.T.M.: 1000-090,00-02.00-001.000
20 0 20
SCALE: 1#- 20'
N York State Department.of Environmental Conservation
ision of Environmental Permits, Region One
,qY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409
one: (631)444-0403 · FAX: (631)444-0360
ebsite: www.dec.state.ny.~Js
Denise M. Sheehan
Commissioner
Sim H. Moy
106 Mulberry St. Apt. # 7
New York, N.Y. 10013
December 19, 200~
RECEIVED
~A~ 1 7 20~0
BOARD OF APPEALS
Re: Permit #1-4738-01002/00008
Dear Permittee:
In conformance with the requirements of the State Uniform Procedures Act (Article 70,
ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit.
Please carefully read all permit conditions and special permit conditions contained in the permit
to ensure compliance during the term of the permit. If you are unable to comply with any
conditions, please contact us at the above address.
Also enclosed is a permit sign which is to be conspicuously posted at the project site and
protected from the weather.
Sincerely,
Shem L. Aicher
Environmental Analyst
SLA/dj
Enclosure
DEC PERMIT NUMBER
1-4738-01002/00008
FACILITY/PROGRAM NUMBER(S)
NEW YORKOE DEPARTMENT Of ENVIRONMENTAL CO~[VA'TION
~;' RECEI~ ED
~ '~ ~'Z~ December 19, 2006
NAR 1 7~
PERMIT
Under the Envi~,,~ OF A
Conser~'ation Law
EFFECTIVE DATE
UE?~(PIRATION DATE(S)
PPEALS
December 31,2011
TYPE OF PERMIT · New E] Renewal [] Modification [] Permit to Construct E] Permit to Operate
[3Adicle 15, Title 5: Protection of Waters
[] Adide 15, Title 15: Water Supply
[] Article 15, Title 15: Water Transport
[] Article 15, Title 15: Long Island Wells
[] Article 15, Title 27: Wild, Scenic and
Recreational Rivers
[] 6NYCRR 608: Water Quality Certification
[] Article 17, Titles 7, 8: SPDES
[] Article 19: Air Pollution Control
[] Adicle 23, Title 27: Mined Land
Reclamation
[] Article 24: Freshwater Wetlands
· Article 25: Tidal Wetlands
[] Adicle 27, Title 7; 6NYCRR 360:
Solid Waste Management
[] Article 27, Title 9; 6NYCRR 373:
Hazardous Waste Management
E} AdicJe 34: Coastal Erosion
Management
[] Article 36: Floodplain Management
[3 Articles 1, 3, 17, 19, 27, 37; 6NYCRR
380: Radiation Control
PERMIT ISSUED TO
Sim H. Mo},
ADDRESS OF PERMITTEE
ITELEPHONE NUMBER
(212) 431-8531
106 Mulberry St. Apt # 7, New York, NY. 10013
CONTACT PERSON FOR PERMITTED WORK
Suffolk Environmental Consulting, P.O. Box 2003, Bridgehampton, N.Y. 11932
NAME AND ADDRESS OF PROJECT/FACILITY
ITELEPHONE NUMBER
(631) 537-5160
Moy Property, Southwest end of West Lake Drive, Bay'view, N.Y. SCTM # 1000-090-02-001
COUNTY TOWN I WATERCOURSE NYTM COORDINATES
Suffolk Southold t Peconic BayNVest Lake E: N:
DESCRIPTION OF AUTHORIZED ACTIVITY:
Construct a single family dwelling with deck, septic system with retaining wall and approximately 180 cubic
yards of fill, water service and pervious driveway as shown on the 12/6/04 survey by David Fox, L.S., last
revised 6/26/06 and stamped NYSDEC approved on 12/19/06.
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the
ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this
3ermit.
DEPUTY PERMIT ADMINISTRATOR:
George W. Hammarth (SLA)
AUTHORIZED SIGNATURE
ADDRESS
Region 1 Headquarters
SUNY ~ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409
I DATE
December 19, 2006 Page 1 of 4
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification
The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of
E nvironmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for ail claims, suits, actions
and damages, to the extent attributable to the permittee's acts or omissions in connection with, or operation and maintenance of, the
facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit.
This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable, to DEC's own negligent or
intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil
Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws.
Item B: Permittee's Contractors to Comply with Permit
The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to
comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities
and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for
the permittee.
Item C: Permittee Responsible for Obtaining Other Required Permits
The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required
to carry out the activities that are authorized by this permit.
Item D: No Right to Trespass or Intedere with Riparian Rights
This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order
to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or
vested in a person not a party to the permit.
GENERAL CONDITIONS
General Condition 1: Facility Inspection by the Department
The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized
representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying
with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3).
The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when
requested by the Department.
A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the
Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department
representative is a violation of Ibis permit.
General Condition 2: Relationship of this Permit to Other Department Orders and Determinations
Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or
determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or
determination.
General Condition 3: Applications for Permit Renewals or Modifications
The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such
application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted
by the Department must be in writing.
The permittee must submit a renewal application at least:
a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste
Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SW MF); and
b) 30 days before expiration of all other permit types.
Submission of applications for permit renewal or modification are to be submitted to:
NYSDEC Regional Permit Administrator, Region 1 ,SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409
General Condition 4: Permit Modifications, Suspensions and Revocations by the Department
The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds
for modification, suspension or revocation include:
a) materially false or inaccurate statements in the permit application or supporting papers;
b) failure by the permittee to comply with any terms or conditions of the permit;
c) exceeding the scope of the project as described in the permit application;
d) newly discovered material information or a material change in environmental conditions, relevant technology or applicable
law or regulations since the issuance of the existing permit;
e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental
Conservation Law or regulations of the Department related to the permitted activity.
DEC PERMIT NUMBER PAGE 4 of 4
1-4738-01002/00008
SPECIAL CONDITIONS
1. Necessary erosion control measures e.g., staked haybales, silt fencing, etc. are to be placed on the downslope
edge of any disturbed areas. This sediment barrier is to be put in place before any disturbance of the ground occurs
and is to be maintained in good and functional condition until thick vegetative cover is established.
2. All erosion control devices shall be maintained in good and functional condition until the project has been
completed and the area has been stabilized.
3. Driveways and parking areas shall be constructed of NYSDEC approved pervious materials.
4. Sanitary systems (bottom of the tank and leaching pools) shall be located a minimum of 2' above seasonal high
groundwater.
5. Roof runoff shall be directed into dry wells a minimum of 20 linear feet landward of the tidal wetland boundary for
immediate on-site recharge.
6. All fill shall consist of "clean" sand, gravel or soil (not asphalt, slag, flyash, broken concrete or demolition debris).
7. All areas of soil disturbance resulting from the approved project shall be stabilized with appropriate vegetation
(grasses, etc.) immediately following project completion or prior to permit expiration, whichever comes first. If the
project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall
be stabilized with straw or hay mulch or jute matting until weather conditions favor germination.
8. During construction, concrete or leachate shall not escape or be discharged, nor shall washings from transit mix
trucks, mixers, or other devices enter tidal wetlands and/or protected buffer areas.
9. Any debris or excess material from construction of this project shall be completely removed from the adjacent
area and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands or protected
buffer areas.
10. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted
activities.
DEC PERMIT NUMBER
1-4738-01002/00008
PAGE 2 of 4
ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 25, 34 AND 6NYCRR PART
608
( TIDAL WETLANDS)
If future operations by the State of New York require an alteration in the position of the structure or work herein
authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable
obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people
of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the
Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the
State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of
the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to
such extent and in such time and manner as the Department of Environmental Conservation may require, remove
all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood
capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal
or alteration.
The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized
which may be caused by or result from future operations undertaken by the State for the conservation or
improvement of navigation, orfor other purposes, and no claim or right to compensation shall accrue from any such
damage.
All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids,
sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally
deleterious materials associated with the project.
Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large
refuse piles, ridges across or along the bed of a waterway or floodplain, deposits within any regulatory floodway,
or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway.
5. There shall be no unreasonable interference with navigation by the work herein authorized.
If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the
applicant shall, without expense to the State, and to such extent and in such time and manner as the Department
of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore
the site to its former condition. No claim shall be made against the State of New York on account of any such
removal or alteration.
If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the
subject project will not contravene effluent limitations or other l im itations or standards u rider Sections 301,302,303,
306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met.
At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top
portion of the enclosed notification form certifying that they are fully aware of and understand all terms and
conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be
signed and returned, along with photographs of the completed work and, if required, a survey.
9. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the
applicant or his agent as part of the permit application.
Such approved plans were prepared by_
DEC PERMIT NUMBER PAGE 3 of 4
1-4738-01002/00008
New York State
Department of Environmental Conservation
NOTICE
The Department of Environmental Conservation (DEC) has
issued permit(s) pursuant to the Environmental Conservation
Law for work being conducted at this site. For further
information regarding the nature and extent of the approved
work and any Department conditions applied to the approval,
contact the Regional Permit Administrator listed below. Please
refer to the permit number shown when contacting the DEC.
Permit Number/~ ~~,.~L~~o~
Expiration Dat~- c>~c 9/, ~o//
Regional Permit Administrator
NOTE: This notice is NOT a permit
NFO'39,
0
LITTLE PECONIc BAy
SL
~r, fOrmerly s. mis
RECEIVED
BOARD OF APPEALS
Survey for: 0
'"'""
Town of
MO Y Property
West Lake Drive, Southold (Bayview)
SCTM#: 1000 - 090 - 02 - 001
Date: January 20, 2010
RECEJVED
BOARD OF APPEALS
Photograph of staked indicating the location of the proposed improvements. The view is
to the south.
Photograph of stakes indicating the location of the proposed improvements. The view is
to the east.
MO Y Property
West Lake Drive, Southold (Bayview)
SCTM#: 1000 - 090 - 02 - 001
Date: January 20, 2010
RECEIVED
BOARD OF APPEALS
Photograph of stakes indicating the location of the proposed improvements. The view is
to the west.
Photograph of stakes indicating the location of the proposed improvements. The view is
to the north.
SMITH, rosiding at po¢onio, SuFfolk Cottuty,
.......... TEN ............ Dollar z ($ %0.00 )
lawful monell of the United States,ar, d o~ho~ go od and valuable cons£de~ation,
TOWN ~ SOUTHOLD PROPERTY RECORD CARD
OWNER
I~P¢ ~u[bern,/
FORMER OWNEt~
STRE~7~0
N
VILLAGE
~lr ' / ' ~1
REs. SEAS. VL~
LAND IMP. TOTAL
~00
AGE
NEW
W
DISTRICT SUB.
^CREA E
j MISC.
BUILDING CONDITION
LOT
NORMAL BELOW ABOVE
Farm Acre Value Per Acre Value
Zillob,le 1
Tillable 2
Tillable 3
Woodland
Swampland
Brushland
House Plot
Tara I
FOWN OF SOUTHOLD
BUILDING DEPARTMENT
FOWN HALL
~OUTHOLD, NY 11971
FEL: (631) 765-1802
FAX: (631) 765-9502
SoutholdTown.NorthFork. net
Examined ,20
Approved ,20.__
Disapproved a/~ ~h q 1'O
PERMIT NO.
BUILDING PERMIT APPLICATION CHECKLIST
Do you have or need the following, before applying?
Board of Health
4 sets of Building Plans
Planning Board approval
Survey
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Flood Permit
Storm-Water Assessment Form
Contact:
Mail to:
Phone:
Expiration ., 20
BLDG. DEPT. INSTRUCTIONS
TOWN O~ SOUTHOLD
application MUST be completely filled in by typewriter or in ink and
Building Inspector
'PLICATION FOR BUILDING PERMIT
Date
submitted to the Building Inspector with 4
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town,of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections.
(MaRing add'ss of ap~lican[)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
,.3
Nahae ofownerofpremises ,~'3~'v~ ('Y~c~ (As on the tax roll or latest deed)
If applicant is a corporation, signature of duly auttforized 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 whi~ proposed work will b~,done:
House Number Street
3
Hamlet
County Tax Map No. 1000 Section ~0 Block ~ Lot
Subdivision ~ ~g,d~c~c~ Filed Map No.~ ,~.t~ Lot
2. State existing use and occupancy of premises and intended, use and occupancy of proposed construction:
a. Existing use and occupancy \/C~.c~
b. Intended use and occupancy ~ { lffCnvw~'
3. Nature of work (check which applicable): New Building. ~' Addition Alteration
Repair Removal Demolition Other Work
Estimated Cost '~ ~_.~ Dill) Fee
5. If dwelling, number of dwelling units
If garage, number of cars
(..~ ~ (DegeriptiorO /X
(To be paid on filing this application)
Number of dwelling units on each floor
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 Number of Stories
Dimensions of entire new construction: Front L.[ ~ t.{ Rear M.~, ~
Height ~,c)' ~," Number of Stories ~
Rear
Depth
9. Size of lot: Front Rear .Depth
10. Date of Purchase ~O~o..eo,~(;Ot~ Name of Former Owner iO(~
11. Zone or use district in which premises are situated
12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO
13. Will lot be re-graded? YES__ NO >~Will excess fill be removed from premises? YES__ NO__
,4. NamesofOwnerofpremises~,~ /~o~, Address~0g~ld[xov~q4 .~?
N~e off.tecta. ~t~i' ) Ad~ess~. ~6 ~. )~&~/~ Phone
Name of Conmctor Ad.ess Phone No.
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ~ NO O< * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet of a tidal wetland? * YES c><. NO__
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
18. Are there any covenants and restrictions with respect to this property? * YES__
· IF YES, PROVIDE A COPY.
NO
STATE OF NEW YORK)
SS:
COUNTY OF
e~~;a~4 ~ being duly sworn, deposes and says that (s)he is the applicant
(Name of indi~d~al,signing contract) above named,
(S)He is the
,,.) (Contractor, Agent, Corporate Officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;
that all statements contained in this application a~re tree 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.
Swo.m~ before me this
Matthew O. Ivan
Notary Public
No, 011v6053859 ..... $i~hzre of Applicant
/~ ~,y Public of New v:~.~ '~.-.
Qualified in Suffolk County
Gommllllon Expire! dlnulr~ 22,
ELIZABETH A. NEVILLE, RMC, CMC
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:
FROM:
DATED:
RE:
Southold Town Zoning Board of Appeals
Elizabeth A. Neville
March 22, 2010
Zoning Appeal No. 6383
Transmitted herewith is Zoning Appeals No. 6383 Suffolk Environmental Consulting Inc. for
Sim Moy - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the
Applicant's Project Description, Questionnaire, Short Environmental Assessment Form,
Transactional Disclosure Form, Agricultural Data Statement, LWRP Consistency Assessment
Form, Cover Letter from Suffolk Environmental Consulting, Inc. To Represent him in this
Matter, Notice of Disapproval from Building Department Updated March 15, 2010, Notice of
Disapproval from Building Department Dated January 12, 2010, 6 Pages of Approval fi.om
Board of Town Trustees Dated July 22, 2009, 7 Pages of approval from New York State DEC
Dated December 19, 2006, 2 Pages of Photos of Property, Copy of Property Record Card, Copy
of Survey Showing Proposed Construction Dated February 25, 2010 Prepared by Fox Land
Surveyor, Copy of Plans Showing Elevations, Floor Plans & Piling Plans.
Town of Southold
P.O Box 1179
Southold, NY 11971
Date: 03/19/10
* * * RECEIPT * * *
Receipt: 74745
Transaction(s):
1 1
Application Fees
Reference Subtotal
6383 $600.00
Check#: 11746
Total Paid: $600,00
Name:
Suffolk, Environmental Consulting
P O Box 2003
Bridgehampton, NY 11932
Clerk ID: CAROLH Internal ID: 6383
August 20 2010
West Lake Association, Inc
2145 Little Peconic Bay Lane
Southold, NY. 11971
%
Attn: Leslie Weisman Chairman
Zoning Board of Appeals
Town of Southold
PO Box I 179
Southold, NY. 11971
Re: Variance application of Sim Moy 06383
SCTM#1000-90-2-1
Dear chairman Weisman & Board members,
This letter is a history of how the West Lake dug inlet and related bulkheads were
created. It will show a clear record of hazardous and deceptive land use on the part of
Sim Moy, and will reveal real dangers of Mrs. Moy's current plans that cannot be seen
fi.om the presented engineering report. All my documentation was obtained thru "FOIA",
from the Southold Town records. Lot 119 belonging to Sim H Moy was originally
created by 90'of bulk head along the Peconic Bay Front, and 155'+ along the channel and
then 30' East on the northern wet land boundary of West Lake Rd. The actual fee simple
ownership along the channel is 100'+ The remaining 85'of channel bulkhead and the
30'of northem boundary to West Lake Rd. is not part of the Moy property. This old
bulkhead had been constructed by the J.P. Muller Realty Corp. Date unknown but
probably before title being conveyed to any lots of the subdivision.
Ref. Drawing gl dated Feb 23 1965
In 1965 Sim Moy proposed to the trustees to Replace a portion of this old bulkhead.
Approximately 95' in a NNE course along the channel and then 30' Easterly on the
northern boundary of West Lake Road. It should be noted that 80'of the permitted
replacement (shown ref drawing # 1 ) was Not on Moy property. Only t 5'was shown on
his property. This remaining 80'was originally built to form the containment of fill to
create the road and fill in lot gl 19. This is depicted clearly as the high water mark in
drawing #1dated Feb 23 1965, by Van Tuyl&Son. This is in total agreement with the
"Cedar Beach Park", filed map #90. This replacement work was permitted. What was
constructed is not what was permitted. The replacement work became 20'+ of low profile
bulkhead extending into West lake from the NE end of the channel. Additionally, a 20'
extension of the wetlands bulkhead along the rite of way was constructed. This NON -
permitted construction provided Mr. Moy with the opportunity to locate and build a
double slip floating dock. The bulkhead replacement was never done but spot landward
doubling up of sheathing was done to mitagate some northern areas of the channel
bulkhead. This is clearly visible for any to see by simple inspection.
Ref. Drawing//2 dated Jan 20 1995
Resheathing:
In Oct. 1994 The Moy's applied to the Trustees to repair in place six bay front
groins and to resheath 200'of bulkhead on the landward side. This submission was
completed Jan 20 1995 and executed by Costello dock builders. The resheating was to be
the entire 155' length of the West Lake channel, and 50'to the east along the northern
road rite of way. There was also to be a 12' return at the Eastern terminus of this
bulkhead. Please note that in 1965 this bulkhead was 30' long and in 1994 it appears as
50' long.
Two major deviations occurred during this construction. First, jetty//6 at the east bay
front of the channel was not repaired in place but moved 3' to the east and placed on an
angle to the channel. The old groin was then cut off slightly below what was then the low
water mark. Since then this has been a problem to all boaters transiting the channel.
Additionally this old wooden structure has made dredging almost impossible and created
a sand bar at the mouth of the channel.
The second major change was the resheathing. The drawings show it to be both 155'
along the channel and the 50'allong the rite of way to be resheathed. This last 50' along
the rite of way was never done. The 12' return at the end was completed, as was the
resheathing of the channel. At present there are no less than 2 complete sheathings with a
third layer intermittingly placed along the entire channel length between the original and
new.
It is now 15 years later. In the transcript of the July 30, 2010 public heating MR.
Rosenberg, (page26, line 25) and Mr. Fiscbetti, ( page37, linel7-1 g) both stated the
"Good" condition of the bulkheads. Mr. Anderson, (page27, line 1-4) defers the Bulkhead
condition to his engineer Mr. Fischetti. I personally challenged Mr. Fischetti, (page 73-
line 21-25,page 74, line 1-11), regarding the channel bulkhead condition. I respectfully
feel that both the ZBA and public were deliberately misinformed. Mr. Anderson
misinformed by omission and Mr. Fischetti misinformed by commission.
This bulkhead is in deplorable condition. To support this claim I refer you to an
independent consulting engineers report by DB Bennett PE, P.C. Mr. and Mrs. Moy
know the condition of this bulkhead, as does Mr. Anderson.
In 2005 West Lake Association Inc. was finally granted all the permits to dredge the
channel. Mr. Moy expressed to me then his concern as to the bulkheads ability to loose
earthen support on the waterside. Mr. Moy left no doubt as to how he would respond ifa
failure occurred that could be attributed to our dredging. The bulkhead was in poor
condition in 2005 and now in 2010 it's espoused to one and all that the condition is
"good".
The one single event that would most grievously change our neighborhood, the
character of West Lake and of the greater Cedar Beach Park is to allow construction or
the granting of a building permit before this bulkhead is rebuilt to modem standards.
To not preserve the channel fa'st, will surely lead to the same closure as Midway
pond and Rambler road pond. Both of these ponds are nothing short of ecologic disasters
of abandoned rotted timber docks and algae covered mosquito breeding pits.
/
~.A Y
JAN 2 0 1995
TOWN OF SOUTH
Midway pond entrance is approximately 1000' to the East. Rambler pond entrance is
3000' to the west. Both are "closed forever and not to be reopened, except by an act of
nature". Quote NYSDEC
To place a driveway 2' fi.om this bulkhead is an invitation to some form of tragic
event. Building first, deliberately precludes rebuilding the bulkhead without incurring
substantial destruction and temporary loss of the driveway and additional expense to the
Moy's or their successors. Mrs. Moy needs 280 -300 cubic yards of sandy soil material
to build out the septic system. This material is in the channel and does not need to be
trucked in over land.
Our reason for this multifronted objection to allowing this home to be built has been
brought about by Mt.and Mrs. Moy's joint actions. Non-"permitted" actions, resulting in
obstructing the waterway and changing the course of water thru this channel to the
detriment of other property owners and boaters of West Lake. The lack of sincere
maintenance, unless it threatens the Moy's with immediate loss, is unconscionable. They
made the conscious decision to purchase 4 contiguous lots on a peninsular of land bulk
headed on two sides. A great amount of liability comes with 440'of bulkhead and 240'of
bay front groins. They have assumed an additional 100'of construction and maintenance
of bulk heading not on their property in order to maintain the integrity of lot 119 and
enhance the value of the other conjoined lots that Mr. and Mrs. Moy own together.
Without this bulkhead lot 119 is not a viable building lot.
In a conversation with Mr. Moy regarding dredging the channel, he said to me," I
could care less about West Lake. It serves me no advantage". I think West Lake
Association and the ZBA should take brim at his word.
After decades of unapproved and deceptive - and clearly hazardous - land use, the
Moy's are asking the ZBA to approve plans that will result in certain destruction of every
ones waterfront. We implore you to deny his request until this bulkhead is replaced.
President
West Lake Association, Inc.
JONATHAN TARBET, ESQ.
B~ J. L~r~R, F~.
D~ R. SCHOEN, ESQ~
RUDOLPH J. FUSCO, ESQ.
TARBET, LESTER & SCHOEN, PLLC
ATTORNEYS AT LAW
P.O. Box 2635
524 MONTAUK HIGHWAY
AMAGANSETr, NEW YORK 11930
(631) 907-35~0 (TELEPHONE)
(631) 907-3501 (FACS~nLE)
denise (4;easthampmn lawyer.corn
RECEIVED
OCT 1 2010
BOARD OF APPEA~
September 30, 2010
Via FACSIMII,E & FEDERAL EXPRESS
Chairwoman Weisman
Zoning Board of Appeals
Town of Southold
54375 Route 25
PO Box 1179
Southold, New York 11971
Re: In the Matter of the Application of Moy
Dear Chairwoman Weisman:
We represent Henry Kaminer and the West Lake Association, Inc. in connection with the
above-referenced application. At the Board's last hearing on this matter, we requested time to
review a revised site plan submitted by the applicant which proposes to situate the driveway twelve
(12) feet from the bulkhead along the dug inlet. Please be advised that we have no further
comments regarding the proposal at this time. We applaud the applicant's efforts to protect the
existing bulkhead.
At this time, we would simply reiterate our request for the Board to impose the following
conditions in any approval of the application: (a) the applicant should be required to file covenants
and restrictions on the Moy Property to advise furore owners of the lot that maintenance of the
bulkhead along the dug inlet is a continuing obligation, (b) the applicant should be required to post a
bond adequate to cover replacement or repair of the bulkhead during the construction process, and
(c) the applicant should be required to install project-limiting fence with staked stawbales.
Thank you for considering our requests.
DRS: ca
Very truly yours,
Denise R. Schoen
RECEIVED
West Lake Association Inc
2146 Little Peconic Bay Lane
Southold, NY. 11971
8OARD OF APPEALS
September 15, 2010
Att-n: Leslie Weisman Chairman
Zoning Board of Appeals
Town of Southold
PO Box 1179
Southold, NY. 11971
Re: Variance application of Sim Moy #6383
SCTM#1000-90-2-1
Dear Chairma~ Weisman & Board members,
I am writing as a resident and officer of the West Lake Association Inc. The association
position regarding the application before you has already been expressed.
My problem is with the misinformation that has been publicly expressed by Mr. and Mrs.
Moy's experts. I believe they are misinforming you and the public at these hearings. I have
carefully read the transcript of the July 30 hearing and can't believe after 5 years the engineer
can't get the grading plan numbers correct.
I am extremely concerned about what I read in the previous testimony and have discovered in
documents pertinent to this applications.
The ZBA has requested an updated grading plan in one foot contoum. This new plan
clearly shows the addition of fill on all four sides of the proposed house. This is in patent
violation of the Wetland Permit issued by the Board of Southold Town Trustees dated July
22, 2009. That permit clearly states that there shall be no grading of the property and that no
fill or other material is placed on the property with the exception of the amount necessary for
the sanitary system, as approved by the Health Department. The application patently violates
those stipulations, and possibly violates another stipulation: that the remainder of the property
is maintained as a non-turf area. Not only does the new exhibit show prohibited grading and
fill but the transcript discusses turf plantings and the the plan shows screening. Mr.
Rosenberg excuses this by saying Mr. Anderson was working on this late into the night. In
this regard Mr. Fischetti finally admitted that there is total lack of coordination between the
building plans and site plan.
The proposed plot plan taken on its own terms, has many contradictions. For example, Mr.
Fischetti declared that the height of the roadside retaining wall would be at 18 inches
maximum above grade (June 30th transcript, (page 50, line 5-8). His own engineering
drawings show the top of the retaining wall to be elevation 6.9 feet and the existing grade as
low as 4.1 feet in northeast comer in the engineer's plan view. The difference between 6.9
feet and 4.1 feet is 33.6 inches. This is just one example of contradictory misrepresentation.
17.0
,IL
St. Johr
HOUS~
LITTLE /::)ECONIC /gAy
sg~s~a~, ma~ TOTAL = 1,59,5 S.-"'. 09 1&9~
SEP11C TANK C~O01. ~ 8. THE NON-TURF BUFFKR IdA'f BE MAINTAINED
. .~
NOTES:
1. TOTAL AREA = 8,861 $.F.
AD~M~.*NT AREA ~ 8,4~}* S.I'.
2. O- SPIKE SET, e- REI~.~R r'OUND.
4. ~VA~S ~ H~:~ ARE ~ENCED
N.~V. DA~M i~
~ ~ p~ IS ~N f~ Z~ ~(~ 10)
D]~A~ ~ RRM ~Y
~1~169 H ~ DA~cD ~PT, ~ 2~
~.~O~MA~ ~ RE~'~ - ' .
~7~A~T mT ~RAG~ '
= ~,~ S?. '
WEST LAKE ASSOCIATION, INC.
2145 LITTLE PECONIC BAY LANE
SOUTHOLD NY 11971
Tel # 631 734-4053
Attn: Leslie Weisman Chairman
Zoning Board of Appeals
Town of Southold
PO Box 1179
Southold NY 11971
RE: Variance application of Sim Moy #6383
SCTM #1000-90-2-1
June 23,2010
RECEIVED
JUN 2 3 2.010
BOAP, D OF APPEALS
Dear Chairman Weisman & Board members
An application for a variance has been filed by Sim Moy to construct a house on a
vacant parcel located at the end of West Lake Drive. West Lake Drive is a private road and
shown on the subdivision map of Cedar Beach Park situated at Bayview, filed in the office of
the Suffolk County Clerk on December 20, 1927 as file number 90.
The survey prepared by David H. Fox, L.S.P.C. submitted with this application must
be corrected to show West Lake Drive as a private road and Mr. Moy's proposed
improvements to the road as "proposed extension to existing stone roadway" not as a
proposed "driveway". Mr. Moy's driveway begins at his property line. Mr. Moy has a right of
way, as do all the property owners in the Cedar Beach Park subdivision, to use the private
roads of this community. West Lake Drive is an access to the Inlet and bulkhead. The West
Lake Association, Inc. uses West Lake Drive for maintenance dredging of the inlet.
Please be advised that the Moy property contains Covenants & Restrictions.
Enclosed are the Restrictive Covenants filed with the Suffolk County Clerk at Liber 1168
page 234, and Liber 1566 page 325/347, and Liber 1661 page 577, affecting Mr. Moy's
property which state that "No dwelling house shall be erected or maintained on any of said
plots within 40 feet of any peconic bay front or within 25 feet of any other water front or within
25 feet of any road front or within 10 feet of any other boundary". I have enclosed a copy of
the C&R's with a portion of the Cedar Beach Park map for your file.
We will leave to the Board's judgment whether the setback variances requested
should be granted, however, we would oppose any variances which would interfere with
access on West Lake Drive. We would respectfully request that any variance granted be
granted with the understanding that these variances do not authorize the owner to interfere
with or impede the rights of the property owners in the Cedar Beach Park subdivision and
West Lake Association Inc. on West Lake Drive to and from the inlet.
We make the following observation and request:
The proposed pervious driveway is located very close to the wood bulkhead along the
dug inlet. The driveway appears to be designed for two car widths. The bulkhead is in poor
condition and the proposed driveway placement is a few feet from the bulkhead. The
driveway and daily car use could compromise the structural integrity of the bulkhead. A
bulkhead failure would cause serious damage to the inlet. If the inlet is damaged by Mr.
Moy's development. Boat access for the properties within West Lake would be adversely
affected, and the West Lake Association Inc. would be financially damaged because the
members of the West Lake Association Inc. pay for the maintenance dredging of the inlet.
If the Zoning Board grants the requested variances and Mr. Moy locates his driveway
along the inlet bulkhead, then we ask the Town to protect the Cedar Beach Park Association
and West Lake Association from possible damages to the property we maintain. Mr. Moy
should provide a written indemnification to the West Lake Association Inc., as well as naming
the West Lake Association Inc., as additional insured, to assure the community that Mr. Moy
will pay for the restoration of the inlet should his development, as proposed, result in
damage to the inlet. Mr. Moy should file Covenants & Restrictions to assure enforcement of
this condition.
Thank you and please do not hesitate to call should you have any questions.
Ve~truly yours,
_
Peter Gunn, President
RECEIVED
JUN ,~ ,~ 2010
BOARD OF APPEALS
West Lake Association
Southold, NY
ZBA Heating
Southold, New York
September 23, 2010
Dear Members of the Board,
Our members purchased homes on West Lake so that we and our children and
grandchildren would enjoy access to Peconic Bay--for boating and fishing--for
generations. The lovely maritime atmosphere of West Lake is threatened by the extent of
the proposed development. Our concern extends beyond whether or not the bulkheads are
in "poor" or "fair" condition--depending on which engineer one believes. The concern is
based on what we understand as Mr. Moy's history of indifference to the preservation of
the Lake. He, however, is now asking for multiple major variances.
According to previously submitted documents, Mr. Moy has repeatedly received
permissions and permits to do one thing and then has done another. This has apparently
resulted in multiple serious problems that have either already hurt or further threaten the
inlet. He failed to replace the bulkhead heads after the Trustees granted permission. He
built a non-permitted channel entrance groin without totally removing the old groin. This
endangers boaters as they cross the inlet around low tide, causes substantial obstructive
accumulation of silt at the mouth of the inlet, and interferes with dredging of the inlet. He
constructed a second non-permitted groin that sticks into the Lake, which traps yet more
silt behind it. He built a 20-foot extension of bulkhead, for which there is no record of a
permit. He constm~ed a dock on Cedar Beach Park property along the association's road,
and there is no record ora permit for this either. Perhaps emboldened by his success, he
recently tried to obstruct, on land, the right-of-way that leads to the dug canal, an area
that we all use for walking, fishing, picnicking and for staging dredging of the inlet. He
did this by embedding and stacking timbers across the right-of-way. Finally, the
Association, acting under a lawyers advice, hired a forklift to remove the last of these
timber obstructions.
Please take the above into account when Mr. Moy's lawyers claim that Mr. Moy
shares our interest in the preservation of the canal and inlet. The granting of these
variances without insisting on steps to preserve the inlet would send the wrong message,
and would further threaten our bulkhead, canal, inlet and our access to Peconic Bay.
Sincerely,
Henry Kaminer
Secretary
West Lake Association
SOUTHOLD TOWN
ZONING BOARD OF APPEALS
IN THE MATTER OF THE APPLICATION OF
SIM MOY
FOR AREA VARIANCES
MEMORANDUM OF LAW IN OPPOSITION TO THE APPLICATION
PRELIMINARY STATEMENT
The applicant, Sim Moy (hereinafter the "Applicant"), has requested variances for
the proposed construction of a single-family residence, septic system, and driveway at
750 West Lake Drive in Southold, New York (the "Moy Property"). The Moy Property
is unique in that it has water frontage on Little Peconic Bay and on a dug inlet that
provides access to West Lake. There is bulkheading on the Moy Property along Little
Peconic Bay and the dug inlet.
Our clients, Mr. and Mrs. Henry Kaminer reside at 130 Midway Road, Southold,
New York (the "Kaminer Property"). The Kaminer Property is one of several properties
within the West Lake Association, Inc. that front on West Lake and have riparian access
to Little Peconic Bay through the dug inlet that borders the Moy Property to the west.
FACTUAL BACKGROUND
This project is classified as a Type II action in accordance with the State
Environmental Quality Review Act. The 8,861 square foot Moy Property is currently
vacant.
The proposal consists of construction of a 1,061 square foot single-family
dwelling containing three (3) bedrooms on wood pilings with an attached deck. The
proposal also includes a five (5) ring septic system that will require additional fill and a
retaining wall to contain it. The property will be accessed from West Lake Drive, a
private street, and the proposed driveway will be situated 0-2 feet from the bulkhead that
separates the Moy Property from the adjacent inlet. There is also a proposal to install
landscaping between the driveway and the bulkhead. At this time, there is no proposal to
upgrade or replace the bulkhead or increase its load capacity.
The existing property is non-conforming to current zoning regulations as at 8,861
square feet it is 75% smaller than the 40,000 square feet required in the R-40 Zoning
District in which it is located.
The Applicant requests the following variances for his proposal:
1. A rear yard setback variance of 4 feet to allow the proposed residence to be
constructed 31 feet from the rear lot line fronting on Peconic Bay where a rear
yard setback of 35 feet is required by Southold Town Code Chapter 280,
Article XXIII, Section 280-124.
2: A variance of 51 feet to allow the proposed residence to be constructed 24 feet
from the westerly bulkhead along dug inlet where 75 is required by Southold
Town Code Chapter 280, Article XXIII, Section 280-116.
3. A variance of 48 feet to allow the proposed residence to be constructed 27 feet
from the southerly bulkhead along Little Peconic Bay where 75 feet is
required by Southold Town Code Chapter 280, Article XXIII: Section 280-
116.
2
ARGUMENT
THE APPLICATION FAILS TO MEET THE STANDARDS
FOR ISSUANCE OF THE REQUESTED AREA VARIANCES
The legal standard the Board must consider in determining whether to grant the
requested area variances is set forth in Town Law § 267-b(3). As amended in 1993,
Town Law § 267-b(3) sets forth a balancing test that the Board must use when
considering granting a variance request. The Board must weigh the "the benefit to the
applicant if the variance is granted.., against the detriment to the health, safety and
welfare of the neighborhood or community by such grant." Town Law § 267-b(3). The
Board must also consider whether the variance requested is the "minimum variance" that
is "necessary and adequate and at the same time preserve[s] and protect[s] the character
of the neighborhood and the health, safety and welfare of the community." Town Law §
267-b(3).
The benefit to the Applicant (constructing a single family residence, septic
system, and driveway within close proximity to a bulkhead) is outweighed by the
detriment to the neighbors as a result of the propensity for the construction and/or
proposed use of the property to undermine and cause a collapse of the existing bulkhead.
The detriment to the neighbors who rely on use of the inlet to access Little Peconic Bay
and who have a personal stake in the environmental integrity and continued navigability
of the inlet and West Lake could be very substantial and those risks are further delineated
in the discussion below.
Second, the Applicant must prove that he is requesting the minimum variances
necessary to afford them relief and hilure to do so is fatal to the application. Applicant
3
has not demonstrated on this record how a reduction in the size of the proposed residence,
a reconfiguration of its dimensions, or a reorientation of it on the Moy Property would
not reduce the magnitude of the variances requested.
Applicant and his experts also do not make a compelling argument why the
bulkhead should not be removed and restored prior to construction to prevent such a
collapse as a condition of grant of the requested variances.
In conducting the balancing test and determining what conditions should be
incorporated into any grant of approval, the ZBA must consider the following five (5)
factors.
A.
Grant of the Requested Variances will not Cause an Undesirable Change in
the Character of the Neighborhood or Create a Detriment to Nearby
Properties.
The proposed improvements will likely cause an undesirable change in the
character of the neighborhood and create a detriment to nearby properties.
The Applicant proposes to construct a residence and driveway within close
proximity to two existing bulkheads. We have submitted under separate cover a copy of
a Bulkhead Assessment Report prepared by D.B. Bennett, Consulting Engineer dated
August 20, 2010 on behalf of Mr. and Mrs. Kaminer.
Mr. Bennett's personal inspection of the bulkhead included a visual inspection
both on site from Mr. Moy' s property (with his permission) and from the water on a boat
in the inlet. The bulkhead consists of timber planking, 8 inch diameter timber piles
approximately 6 foot on center, and three lines of 8x4 timber whalers. The original
planking, which Mr. Bennett believes to be 30 to 40 years old, is still present but
4
replacement planking has been installed to the landside of the bulkhead. The exposed
bulkhead is eight (8) feet high and one hundred (100) feet long.
The bulkhead is no longer plumb and sags inward approximately ¥~ inch to 3
inches in a 3 foot span. This is an indication that the existing bulkhead is failing. Mr.
Bennett also observed "significant" breaches or holes in the original planking which
allows sand to pipe through the bulkhead and into the inlet. He observed signs of
significant piping during his inspection which indicates that sand is still migrating
through the bulkhead i~t spite of the replacement planking.
Several timber piles were moderately split and had cavities in the top, which are
typical signs of ice damage and decay in aging piles, respectively. The top cap of the
bulkhead was measured to be reasonably level but there were signs of lateral meandering
along the top of the bulkhead. This is a sign that the bulkhead is already shifting and
under stress. In Mr. Bennett's opinion, the bulkhead planking was allowed to decay
signiftcantly before it was repaired. As a result of this failure to maintain the bulkhead,
slumping has occurred and causes the bulkhead to lean and meander.
Based on his site observations and review of the soil boring data for the'Moy
Property, Mr. Bennett believes the site consists of dredge spoil on top of a buried marsh
of silt and bog. The soil is, therefore, very soft and has a low load-bearing capacity.
Geotechnical soil borings should be required to be conducted for the site which would
enable the Board to determine the actual load-bearing capacity of the soil.
After his review, Mr. Bennett determined that the subject bulkhead is in old but
fair condition. It has received periodic maintenance and continues to adequately service
its function of maintaining the dug inlet, although it is allowing sand infiltration
The failure of the property owner to replace the bulkhead has resulted in a
significant amount of decay to take place before the recent repair that was completed.
The new planking is in good condition but is not preventing soil piping. The
reinforcement system is relatively weak and significant timber pile and soil anchor
repairs will be required within the next five (5) years. This time period could be
dramatically shortened in the event of an extreme storm event.
Mr. Bennett concluded that the plan to develop the property with a single family
residence 30 feet from the bulkhead will not surcharge the load on the bulkhead but the
proposed driveway to be installed 0-2 feet from the bulkhead with installation of
landscaping will create additional lateral load or a surcharged load on the bulkhead. It is
his professional opinion that the bulkhead is NOT adequately supported to accommodate
the surcharged load from vehicles and landscaping.
The site soils in the vicinity of the house and driveway are very soft. Sinking
soils along the bulkhead will allow direct discharge of stormwater runoff into the inlet.
The Applicant should also determine whether timber piles will adequately support the
residence in these soils or whether extra long spliced piles will be necessary.
The risk of bulkhead failure in this case is very real. Mr. Bennett states that if the
bulkhead fails, the inlet will be blocked and this will prohibit navigation from Little
Peconic Bay to West Lake and will also restrict tidal circulation. Without adequate tidal
circulation, the water quality of West Lake will diminish dramatically. Of course, a
failure of the bulkhead could result in serious personal injury to anyone driving a motor
vehicle on the driveway during the time of the collapse.
6
{03 3
Accordingly, the potential negative detriment for neighbors who front on West
Lake and rely on the canal to reach the bay is very high.
B. The Benefit Sought by the Applicants can be Achieved by Some Method
Feasible for the Applicant to Pursue Other Than an Area Variance.
Applicant is constrained to request an area variance for any development on the
Moy Property due to its small size and the fact that it is surrounded on two sides by
bulkheading.~ The question in this case is not whether the Applicant can avoid
requesting an area variance but whether the variances requested have been minimized to
the greatest degree practicable. In addition, the Board must consider what the impacts of
development on this lot will be to neighbors and whether there are conditions that should
be imposed on the development to prevent the bulkhead from collapsing.
C. The requested area variances from the bulkheads are substantial.
The requested variances from the bulkheads are substantial.
The variance required from the inlet bulkhead represents 68% of the required
setback. The variance from the southerly bulkhead represents 64% of the required
setback. What makes these variances even more substantial is that the location of the
residence requires the driveway to be situated 0-2 feet from the westerly bulkhead. It is
the risk to the stability of the bulkhead by the proposed construction that makes this
variance request so significant.
D. Grant of the Requested Variances will Have an Adverse Impact on the
Physical or Environmental Conditions in the Neighborhood.
The requested variances have the potential to have a significant adverse impact on
the physical and environmental conditions in the neighborhood.
~ While the Moys have technically installed a third bulkhead within West Lake, this third bulkhead is
situated adjacent to West Lake Drive and not the Moy Property it.self.
As more fully set forth above, construction of the new residence and driveway
within such close proximity to a bulkhead that cannot withstand the additional load
capacity will likely result in a failure of the bulkhead. A bulkhead failure will negatively
impact all of the neighbors who utilize the inlet to access Little Peconic Bay.
At the initial public hearing on this matter, the Applicant's attorney recognized
that maintenance of the bulkhead along the inlet is the Applicant's responsibility.
Accordingly, the Applicant and his experts should develop a concrete plan for ensuring
that there is not a failure of the bulkhead. At the public hearing, the Applicant's attorney
stated that the Applicant would repair any damage to the bulkhead during the
construction process but we believe that the repair work will be too little and too late.
The Board and the neighbors are entitled to know in advance that the bulkhead will
necessarily withstand the construction process and the intended future use of the property
for parking vehicles and for emergency access of ambulances, fire tmcl~s, etc.
E. The Difficulty Causing the Applicants to Seek the Relief Requested is not
Self-Created.
The difficulty causing the Applicants to request these substantial variances does
not appear on the record to be self-created. The Moy property has been family-owned for
many years. However, the Board should note that this factor alone is not determinative.
8
THE BENEFIT TO THE APPLICANT CAN BE ACHIEVED WHILE
MAINTAINING THE HEALH, SAFETY AND WELFARE OF THE
COMMUNITY AND THE REQUESTED VARIANCE CAN BE MINIMIZED
The Board has the option of granting the applicant the requested variances while
taking into consideration the concerns of the neighbors. If the existing bulkhead is
reconstructed to adequately meet the increased lateral load or surcharged load of the
proposed construction, the otherwise significant variances would be minimized by the
decreased risk of catastrophic failure of the bulkhead. The Board could simply require as
a condition of approval that the bulkhead be replaced with a modern design capable of
handling the increased load surcharge prior to the issuance of a building permit. The
existing bulkhead setbacks were put in place to protect the public and environment. In
this case, the Applicant is requesting significant relief from these setbacks with expert
testimony from neighbors that construction of the proposed improvements could result in
failure of the bulkhead. Failure of the bulkhead could lead to loss of life, detriment to the
environment, and significant impairment of the riparian rights of the property owners
utilizing the affected inlet.
THE BOARD MAY IMPOSE REASONABLE
CONDITIONS ON GRANT OF THE REQUESTED VARIANCES
Pursuant to Town Law Section 267-b(4), the Board is empowered to "impose
such reasonable conditions and restrictions as are directly related to and incidental to the
proposed use of the property." Such conditions must be consistent with the spirit and
intent of the zoning ordinance or local law, and shall be imposed for the purpose of
minimizing any adverse impact such variance may have on the neighborhood or
community. We respectfully submit that the Board should require the Applicant to
develop a plan to address the conclusions of Mr. Bennett relating to the stability of the
9
bulkhead. Specifically, Mr. Bennett concludes that the Applicant will not be able to
prevent soil piping without complete replacement of the bulkhead with modem materials.
The existing soil cavities extend more than two feet landward of the bulkhead in the area
of the proposed driveway. Without preventing this soil piping and the resultant cavities,
at least a portion of the driveway will not be able to accommodate any vehicles.
Moreover, the existing support infrastructure for the bulkhead is not adequate to handle
the additional load from vehicles and landscaping situated along the bulkhead.
Accordingly, there is high degree of risk that the bulkhead will fail and the consequence
of such a failure would be severe. For these reasons, it appears to be inevitable that the
Applicant must agree, or the Board must require, that the entire bulkhead be replaced
prior to construction of the residence, septic system, and driveway to prevent the negative
impact that will likely occur in a bulkhead collapse.
Other conditions that we respectfully urge the Board to consider include requiring
the Applicant to post a bond adequate to cover replacement or repair of the bulkhead
during the construction process. However, since this option will not actually prevent a
bulkhead collapse, it is less desirable than requiring the Applicant to prevent bulkhead
collapse from the inception of development. The bond would merely serve as an
insurance policy to secure the funding that would be necessary to replace the bulkhead
and repair the damage in the event of a collapse.
CONCLUSION
The application is egregious and fails to meet the standards set forth for grant of
the requested variances. The affected neighbors, Mr. and Mrs. Kaminer, strongly object
to the application and respectfully urge the Board to deny the application in all respects
10
or to approve the application with sufficient conditions in place to prevent collapse of the
inlet bulkhead.
Dated: Amagansett, New York
August 26, 2010
/
Tarbet, L/~ster & Schoen PLLC
By: ~b''~'''~'''''''~'//
~o~athan Tarbet, Esq,
/P/O Box 2635
b524 Montauk Highway
Amagansett, NY 11930
11
~"]d uooqos W lolsoq 'loq.m~L ~4o
Index No. Year RJI No. Hon.
SOUTHOLD TOWN
ZONiNG BOARD OF APPEALS
In the Matter of the Application of
SIM MOY
For Area Variances
MEMORANDUM OF LAW iN OPPOSITION TO THE APPLICATION
Tarbet, Lester & Schoen PLLC
Attorneys at Law
Anorneysfor
P.O. Box 2635
524 Montauk Highway
AMAGANSETT, NEV¢ YORK 11930
(631 ) 907-3500
To Signature (Rule 130-1.1 -a)
Print name beneath
Attorney(s) for
Service of a copy of the within is hereby admitted.
Dated,
Attorney(s) for
Please take notice
[] NOTICE OF ENTRY
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duly entered in the office of the clerk of the within named court on
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that an order of which the within is a true copy will be presented for
settlement to the HON. one of the j~dges
of the within named court, at
on at M
Dated,
To
Yours, etc.
LAW Oi-klCES OF
Tarbet, Lester & Schoen PLLC
Anorneys for
Attorney(s) for
P.O. Box 2635
524 Montauk Highway
AMAGANSETT, NEW YORK 11930
STATE OF NEW YORI~, COUNTY OF t ss,:
1, the undersigned, an attorney admitted to pra-'~ce in the courts of New York State,
[] P. effifigation certify that the within
By Atlornev
.~ has been compared by me with the original and found to be a true and complete copy.
m [] attorney's state that I am
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in the within
and know the contents thereof;
the same is true to my own knowledge, except as to the matters therein alleged to be on information and belief, and as to those matters
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~ [] corpo~t, the of
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except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. This
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August20,2010
Chairperson Weisman
Zoning Board of Appeals
Town of Southold
Southold, New York
D.B. BENNETT
CONSULTING ENGINEER
SUBJECT:
Bulkhead Assessment Report
Sim Moy Residence
750 West Lake Drive - Southold, NY
SCTM# 1000-90-2-1
Dear Chairperson Weisman:
D.B. Bennett, P.E., P.C. (DB Bennett) has been retained by Henry Kaimer to prepare
an engineer's report addressing the condition of the timber bulkhead located on the
eastside of "Dug Inlet" leading to West Lake. Mr. Kaimer is a neighbor to Mr. Moy and
resides at 130 Midway Road, Southold. Mr. Kaimer utilizes "Dug Inlet" for his boat
access to Little Peconic Bay. The purpose of this report is to develop a bulkhead
condition assessment.
SCOPE OFSERVlCES
The scope of services for this assessment included:
· A review of the site survey and proposed plans for the development of 750
West Lake Drive,
· A waterside and landside inspection of the bulkhead structure noting
observations of distress and other relevant information,
· A review of the site and other factors that may be influencing the bulkhead
performance,
· Measurements of the bulkhead wall and cap positions,
· A discussion with Mr. Moy's engineer Mr. Joseph Fischetti, P.E. at the site on
August 18, 2010 regarding the history and age of the bulkhead,
Engineering calculations to estimate the impact to the subject bulkhead from
surcharge loads that would be expected from construction equipment or normal
use of a driveway, and
· A written report summarizing the scope of services, observations and
measurements, and assessment.
84A PAPa( PLACE · P.O. BOX 1442 · EAST HAMPTON · NY · 11937
TEL: 631-907-0023 · FAX: 631-329-0324 · WWW. DBB-PE.COM
D.B. BENNETT, P.E., p.e.
Inspection and assessment of bulkhead sections other than the east side of dug inlet
was not included in the scope of services.
OBSERVATIONS & MEASUREMENTS
I performed an inspection of the bulkhead on the eastside of Dug Inlet on August 18,
2010 at 3:30pm. The tide was Iow. I was able to perform a waterside inspection with
the aid of Mr. KaimeCs boat. I performed a landside inspection of the bulkhead from
Mr. Moy's property with the presence of Mr. Fischetti. I report the following:
I observed a conventional anchored bulkhead consisting of timber planking, 8"
diameter timber piles approximately 6 ft on center and three lines of 8x4 timber
whalers. I observed signs of metal soil anchors providing "tieback" or lateral
support. The original planking remains, replacement planking has been added
to the landside of the bulkhead. The exposed bulkhead face is about 8 feet
high. Approximately 100 linear feet for timber bulkhead was observed lining
the east side of "Dug Inlet".
o I estimate the age of the timber piles, whalers and original planking to be 30 to
40 years old. I estimate that new planking was added within the last ten years.
I was not able to determine the depth of the piles or planking during my
inspection. It appears the planking and piles extend underground. I was not
able to excavate a test hole at the base of the bulkhead because the bulkhead
base was submerged at the time of my inspection.
Using a 3-foot level, I measured the plumbness (degree of vertical) of the
bulkhead wall in five locations across the entire extent of the subject wall. I
found the top of the wall to be leaning inward approximately ¼" to 3" in 3 feet.
I observed significant breaches or holes in the original planking (see photos in
Attachment) which is allowing sand piping through the bulkhead and into the
inlet. I observed signs of significant sand piping during my inspection (see
photos in Attachment) which indicates that sand is still migrating through the
bulkhead, even after the replanking.
Several timber piles on the south end of the inlet were moderately checked and
spilt near the waterline. This is probably the result of ice damage. The
remaining piles were old but in serviceable condition. Cavities in the top of
several piles were observed. These are typical signs of decay in aging piles.
In several of the areas on the landside of the bulkhead where the land was
sunken from sand piping through the bulkhead, I observed conventional metal
soil anchors or tiebacks. I was not able to determine their length or condition
during my inspection.
The top cap of the bulkhead was measured to be reasonably level however I did
observed signs of lateral meandering in the top of the bulkhead. This is a sign
of shifting and stress. In my opinion, the old bulkhead planking was allowed to
decay badly before it was repaired. As a result, slumping has occurred and the
D.B. BENNETT, P.E., P.C.
bulkhead leans and meanders. The reoccurrence of soil cavities indicates that
sand piping through the bulkhead is still active.
Based on my site observations and review of the soil boring data for the
property, it is my opinion that the subject site consists of dredge spoil over top a
buried marsh of silt and bog. These types of soils are very soft and have Iow
load bearing capacities. I was not able to locate any geotechnical soil borings
for the site which would determine the load bearing capacities.
ASSESSMENT
The subject bulkhead is old but in fair condition. It has received periodic
maintenance and was designed consistent with local construction practices. In
my opinion it continues to adequately serve its function of maintaining "Dug
Inlet".
The bulkhead was allowed to badly decay before it was recently repaired. The
new planking is in good condition, but soil piping is still occurring. The
reinforcement system is relatively weak. I predict that significant timber pile and
soil anchor repairs will be required within 5 years. This time period could be
shorter if the bulkhead experiences an extreme storm event such as a hurricane
where the beach and bulkhead are overtopped by storm surge. The
performance of this bulkhead is only as good as its reinforcement.
The plan to develop the subject property shows:
o a single family residence supported by a timber pile foundation located
about 30 feet from the subject bulkhead,
o a driveway located 2 feet from the subject bulkhead, and
o Landscaping located 0 to 2 feet from the bulkhead.
This development is in close proximity to the bulkhead and will create additional
lateral load or a surcharged load on the bulkhead. In my opinion, the location of the
house will not result in a surcharge on the bulkhead. The proposed location of the
driveway and landscaping will result is a surcharged load on the bulkhead.
The timber piles and soil anchor tie backs are relatively small. In my estimation
they are suitable for supporting level backfill without a surcharge. It is very
difficult to predict the performance of this bulkhead under a surcharged load
condition because many of the design parameters are unknown. For example,
the depth of the planking, depth of timber piles and length of soil anchors could
not be determined during my physical inspection. Mr. Fischetti did not know
these specifics either. The condition of the timber piles is fair. Based on the soil
piping condition and physical observations, the condition of the planking is fair
to poor.
Very preliminary calculations, assuming new bulkhead materials suggest the
bulkhead is not adequately supported to accommodate surcharge loads from
cars/trucks and landscaping. Since the bulkhead materials are old and weaker
than new materials, this same conclusion applies to the existing condition.
D.B. BENNETT, P.E., P.C.
6. Without complete replacement of the subject bulkhead, preventing continued
soil piping through the bulkhead will be very difficult.
Soil cavities which are the result of soil piping through the bulkhead extend
more than two feet landward of the bulkhead. This places these cavities within
the driveway. Without preventing the soil piping, a portion of the driveway soils
will be too soft to drive on.
8. The sinking soils along the bulkhead will promote direct discharge of stormwater
runoff from the driveway into Dug Inlet.
The top of the existing bulkhead is flush with existing grade. The proposed
driveway is within two feet of the bulkhead. I recommend that a guard rail be
added to the bulkhead to prevent cars from rolling into the inlet.
10. I was not able to determine the type of landscape proposed along the subject
bulkhead. I am concerned that when these plantings mature, they may interfere
with navigation in the channel.
11. The site soils in the vicinity of the proposed house are very soft. I recommend
that the applicant perform a test pile to determine whether timber piles will
function properly at this location and whether extra long spliced piles will be
required.
12. In my opinion, the risk of bulkhead failure is blockage of the inlet which would
prohibit navigation and restrict tidal circulation which could lead to a West Lake
water quality impact. Another risk is a car rolling into the inlet resulting in harm
to car or passengers and potential environmental impacts.
I reserve the right to update this assessment should additional pedinent data or
information become available.
We trust this information is helpful in aiding the Board in making its decision. If you
have any questions or wish to discuss any aspect of this matter, we will be happy to do
so during the ZBA meeting.
Respectfully submitted,
u
Drew B. Bennett, P.E.
(65-32)
Attachments
D.B. BENNETT, P.E., P.C.
Site Photos
Taken by D.B. Bennett on 8/18/10
Dug Inlet looking south. Subject bulkhead on left,
Waterside view
D.B. BENNETT, P.E., ?.c.
Checked piles and holes in planking
D.B. BENNETT, EE, p.c.
/ ?
Planking holes
D.B. BENNETT, P.E.,P.C,
Looking north along pile cap
D.B. BENNETT, P.E., ?.c.
Soil cavity indicating soil piping through bulkhead, Exposed soil anchor. View of
replacement planking.
Cavity in top of pile
D.B. BENNETT, P.E., P.C.
NEIGHBORHOOD ANALYSIS regarding the MO YApplication
Situate: s/s West Lake Drive - Bayview - Town of Southold · New York
SGTM #: 1000-090-02-001
15
L!
: I
¢%
WEST LAKE HOMEOWNER'S ASSOCIATION
Henry Kaminer, Secretary
130 Midway Road
Southold, NY 11971
August 15, 2010
To the Members ofZ.B.A., Southold:
RECEIVED
Dear Madam and Sirs,
In regard to the request by Mr. Moy for extensive Zoning Code variances for his
proposed two-story house on land owned by his wife, we wish to submit a statement.
We hired a professional engineer to make a formal evaluation of the status of the land
and bulkhead along the East side of the inlet, and his report is being submitted to you.
We are also sending you the enclosed packets of pictures to enable you to see for
yourselves that the condition is far from good- it is in fact deplorable, contrary to what
was told to you during the hearing of June 30, 2010. The pictures were taken August 9,
2010.
We contend that Mr. Moy has allowed the bulkhead on the East side of the inlet to
deteriorate to an extreme degree, causing sand to flow in to the channel and making it
difficult for as to use boats to enter and exit our small bay or lake. Mr. Moy is
responsible for the maimenance of this bulkhead, and of the groin jutting into Little
Peconic Bay, and for the bulkhead facing South towards Peconic Bay. The pictures show
that the bulkhead facing South is new, of synthetic material, and in perfect condition. It
protects his land from waves and storms.
The pictures show that the bulkhead on the East side of the inlet is in advanced decay.
It is of wood, now forty years old, and the pilings show hollowing and decay. The
vertical sheets of wood have gaps, are sagging and crocking, and do not contain the earth
effectively.
Them are large sinkholes adjacent to the bulkhead, where sand runs down and into the
inlet, and the earth sags. The large timbers which run inland from the bulkhead, to tie it
into the land, are exposed, not buffed, and are badly eroded.
We fear that putting a driveway on this land, and using it as a parking space (no
garage is planned), will cause even more erosion and eventual collapse of that Eastern
bulkhead, and destmetion of the inlet, which is essential for the preservation of our
waterfront properties and for the preservation of this bit of coastline.
Respectfully submitted, Henry Kaminer, Secretary
PRESENTATION TO ZONING BOARD OF ADJUSTMENT ~ ~D'~
OF SOUTHOLD, NEW YORK b RECEIVED
By the
WEST LAKE HOMEOWNERS ASSOCIATION
AU~ I 8 20~
BOARD OF APPEALS
9 August 2010
Regarding variance request by Mr, Moy
AREA OF PROPOSED PARKING SPACE
~('4 ~'/~'~60o /w 1-~ OOOD BULKHEAD FACINO PECONIC BAY
SINKHOLES ADJACENT TO BULKHEAD
EXPOSED ERODED ANCHORING TIMBERS
BULKHEAD PILES, SHOWING ROTTING
PROFESSIONAL ENGINEER
1725 HOBART ROAD / PO Box 616 SOUTHOLD, NEW YORK 11971
TEL:631.765.2954, FAX:631.614.3516 · e-mail:joseph@fischetti.corn
Zoning Board, Town of Southold
53095 Main Rd.,
PO Box 1179
Southold, NY 11971
Date: July 16, 2010
Reference: ZBA #6383
RECEIVED
JUL ] 6 ZO!O (~'~
~30ARD OF APPEALS
Ms. Leslie Kanes Weisman, Chairperson
Please find enclosed 8 copies of the landscape/grading plan requested by the Board at the last
meeting. Discussions with the Town Engineer have confirmed that the specification required
for the access read required under Section 280-137A(e) of the Town Zoning Code will be 6
inches of %" crushed stone blend for a 12 foot wide roadway. I am also attaching a letter to the
Town Engineer confirming that conversation.
If you have any questions regarding this matter, please call.
Cc:
Bruce Anderson
David i. Rosenberg
(~l~eph Fischetti, PE
PROFESSIONAL ENGINEER
1725 HOBART ROAD / PO Box 616 SOUTHOLD, NEW YORK 11971
TEL:631.765.2954 · FAX:631.614.3516 · e-mail:joseph@fischetti.com
RECEIVED
JUL ! 6 2010 (~
Date:
Reference:
July 14, 2010 BOARD OF APPEALS
SCTM ~t090-2-001
Jaime Richter, Town Engineer
Town of Southold
PO Box 1179
Southold, NY 11971
Dear Mr. Richter,
This letter is to confirm our telephone conversation regarding designing the access
roadway for emergency vehicle access in accordance with Section 280-137A(e).
The use of the 6 inch thick %" stone blend roadway surface for a 12 foot wide roadway would
be adequate to support emergency vehicles and comply with this section.
If you have any questions regarding this matter, please call.
Cc: ZBA /
Very truly yours
Joseph Fischetti. PE
PROFESSIONAL ENGINEER
1725 HOBART ROAD / PO Box 616 SOUTHOLD, NEW YORK 11971
TEL:631.765.2954- FAX:631.614.3516 · e-mail:joseph@fischetti.com
Date: June 29, 2010
PROFESSIONA ENGINEER / BOARD CERTIFED IN STRUCTURAL
ENGINEERING- 1976-Present
Private Practice: Civil Engineering designs and Structural Engineering consultation with
design professionals.
Called upon to evaluate structural problems in commercial and residential structures.
Architectural design and structural design for 20,000 square foot 2 story structural steel
and masonry Operations Center for North Fork Bank.
Structural Engineering consultant to architects on Long Island including pile designs and
Helical Piers.
Construction Management services for residential and commercial clients.
PRESIDENT/OWNER 1976-Present
Solar Symmetry, Inc. Southold, NY
Building and land development finn involved in construction and management of
residential and multi-family projects on Long Island, Connecticut and New Jersey.
Preparation of cost estimates are required for each project.
DIRECTOR OF OPERATIONS
Project Manager 1972-1976
TBS Enterprises, Coram, NY
Real Estate development of residential and commercial projects throughout Long Island.
As Project Manager I prepared cost estimates to be used for budgets during construction.
On site Project Ma~nager:
Coventry Mall: Stony Brook - Shopping Center and 2 story office building.
Responsibility to prepare budgets, hire subcontractors and complete project
Hunt Club - Coram 276 unit townhous¢ project with clubhouse and pool
Responsibility to prepare budgets, hire subcontractors and complete project - Project
stopped in mid construction due to 1974 recession
Coventry Manor - Middle Island - 176 unit townhouse project. Responsible for
completing the remaining 98 units.
PROJECT MANAGER/ESTIMATOR 1970-1972
Parks-Seidman, Inc., Floral Park, NY
Responsible for construction estimating and bid preparation including sewage treatment
plants, heating plants and other types of' engineered projects.
ENGINEER 1968-1970
U.S. Army Corp of Engineers, Panama Canal Zone, Republic of Panama
Project Engineer: Reconstruction of Trans-Panama Highway. Worked with
Panamanian contractors to complete reconstructions in accordance with Army plans and
specifications.
CERTIFICATION
Licensed Professional Engineer. State of New York
Board Certified in Structural Engineering - Structural Engineering Certification Board
PROFESSIONAL AFFILIATIONS
Suffolk County Pine Barrens Commission - Past Commissioner
Co-Chairman Central Pine Barrens TDR Committee
Long Island Builders Institute- Board of Directors and Past Vice President
Community Development Corp - Non Profit Development Company - Past Vice-Chairman.
Board of Directors
Very truly yours
Joseph Fischetti, PE
Telephone: (516) 228-6666
Facsimile: (516) 228-6672
ROSENBERG FORTUNA & LAITMAN ttP
ATTORNEYS AT LAW
666 Old Country Road, Suite 810
Garden Cit~, NY I 1530
September 27, 2010
VIA FACSIMILE
AND FIRST CLASS MAlL
New York City
110 East 59Ih Street
New York, New York 10022
(212} 980-6666
Not For Service of Legal Papers
RECEIVED
Town of Southold
Zoning Board of Appeals
Town Itall Annex Building
54375 Route 25
P.O. Box 1179
Southold, New York 11971
BOARD OF APPEALS
Attention: Vicki Toth, Secretary
Re:
On the Application of Sim Moy
SCTM #1000-90-2-1
Application No. 6383
Dear MS. Toth:
As you may be aware, this office represents the above referenced applicant in connection
with the above referenced matter.
Please permit this correspondence to serve as the applicant's request for a transcript of the
proceedings had on the above referenced application before the Southold Town Zoning Board of
Appeal on September 23, 2010. I am advised that you shall be returning to the office on Thursday,
September 30, 2010 and that a transcript normally takes two (2) weeks to produce.
Kindly contact me upon your return to the office to discuss an), fee associated with the
production of the transcript.
Thank you for your prompt attention to this matter.
ARF:dmg
cc: Mr. & Mrs. Dai Moy
V(~ tr~ yours,
ROSEN'BERG FORTUNA & LAITMAN, LLP
666 Old Country Road
Garden City, New York 11530
(516) 228-6666
RECEIVED
DATE:
TO:
OF:
September 27, 2010
Viekl Toth, Secretary
Town of Southold, Zoning Board of Appeals
TELEPHONE NO.: (631) 765-1809
FAX NO.: (631) 765-9064
FROM: Anthony R. Filosa, Esq.
TELEPHONE NO.: (516) 228-6666
PAGES: 2
REMARKS: Re:
On the Application of Sim Moy
SCTM #I000-90-2-1
A~ollcation No. 6383
BOARD OF APPEALs
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH
IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND
EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE R]gADER OF THIS MI~$SAGE IS NOT
THE INTENDED RECIPIENT, THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THI~
MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANV DISSEMINATION,
DISTRIBUTION OR COPYING OF TI'I1S COMMUNICATION IS STRICTLY PROHIBITED.
1F YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR~ PLEASE NOTIFY THE ABOVE
IMMEDIATELY BY TELEPHONE.
IF YOU HAVE ANY PROBLEM5 WITH THIS FACSIMILE TRANSMI~I ON, PLEASE CONTACT THIS
OFFICE (516) 228-6666.
FOR RETURN TRANSMISSION, OUR FAX NO. IS (516) 228-6672,
THANK YOU,
89/38/2818 15:34 5162286672 ROSENBERG FORTUNA PAGE 02/02
(J~6) 225-6666
TELE(2OPIER
228.6672
vIA FA .CS[MI~
ROSENBERG FORTUNA & LAITMAN, LLP
Attorneys at Law
666 Old Country Road
Oarden City, New York 11530
New York City
110 F.a.~ ~gt~ Say, ct
New Ym'L New York 10022
(212) 95~-6666
September 30, 2010
D~vid I. Ro~,aberg
d avidl~cm~bcr g fortupa, mm
Town of Southold
Zoning Board of Appeals
54375 Main Road (at Youngs Avenue)
P.O. Box 1179
$outhold, New York 11971
Attention: Lefli,e Kanes Weisman. Chairoerson
Re:
On the Application of Sim Moy
Sc'fM #1000-90-2-1
Dear Chairperson Weisman:
I am in receipt of the letter to the Board dated September 30, 2010 from Denise R. Sehoen,
Esq. I have no further submission to make to the Board in regard to the structural integrity of thc
bulkhead.
In regard to the request made by Ms. Schoen, I already advised the Board at the hearing of
September 23, 2010 that the applicant has its own self-interest in protecting the bulkhead and,
therefore, the covenants and restrictions are not neeessa~ and that there is no requirement of a bond
since my client Iaa~ already agreed to, and for his own interest will, be responsible for maintenance
of the bulkhead. In regard to request (c), I believe that this is already a condition of the New York
State Department of Environmental Conservation Wetlands Permit.
Thank you for the Board's consideration.
rg
DIR:dmg
cc: Sim Moy (via facsimile) /
Suffolk Environmental Consulting, Inc.(via facsimile)
Attention: ~..~rson
Tarbet, Lester & Schoen, PLLC (via facsimile)
Attention: De' .Schoen E, ·
09/30/2018 15:34 5102286672 ROSENBERG FORTUNA PAGE 01/02
ROSENBERG FORTUNA & LAITMAN, LLP
666 Old Country Road
Garden City, New York 11530
(516) 228-6666
DATE:
TO:
OF:
September 30, 2010
Leslie Kanes Weisman, Chairperson
Board of Appeals. Tow~ of Southold
TELEPHONE NO.: (631) 765-1809
FAX NO.: (631) 765-9064
FROM: David I. Rosenberg, Esq.
TELEPHONE NO.: (516) 228-6666
PAGES: 2
REMARKS: Re:
On the Application of Sim Moy
SCTM #1000-90-2-1
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH
IT lS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND
EXEMPT FROM DISCLOSURE UNDER APPLICAEL]~ LAW. IF THE READER OF THIS MESSAGE IS NOT
THE INTENDED RECIPIENT, THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE
MESSAGE TO THE INTENDED R~CIPIENT~ YOU ARE HEREBY NOTIFI/~D THAT ANY DISSEMINATION,
DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED.
IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROI~ PLEASE NOTIFY THE ABOVE
IMMEDIATELY BY TELEPHONE-
IF YOU HA VE ANY PROBLEMS WITH THIS FACSIMILE TRANSM 1$51ON, PLEASE CONTACT THIS
OFFICE (516) 228..6666.
i~OR RETURN TRANSMISSION, OUR FAX NO. IS (516) 228-6672.
THANK YOU.
JUN. 88. 8010
3:05PM LAND OWNERS
June 28~ 2010
Bonaie M. Qui~n
1075 Cedar Poiat Rd
Southold, N.Y, 11971
N0.@00 R.1
Town of Southold
Zoning Bo~'d of Appeals
54375 Rout~ 25
Southold, N,Y. 11971
To Whom It May Concern:
This is ia reference to the ZBA Mev~ciag with Mci on Wednesday, Jtme 30, 2010 at 10:15.
Due to health issues, I probably will not be able to attend, I ~m l:~ndi~, but would
like you to consider my views,
If Mci is on a build2ble plot, thru he ~ould be allowed to build, but to the erea's
specifications. Ho shouid be within all setback requital dist~UCeS. If he is too close to
the bulkhead, it could cause damage ~md we might not be able to dredge. If we can't
dredge, there would be a major health issue.
Also, remeanber people, including myself; who purchased homes for water me and views.
I depended on the setback regulations to insure I would have such usc and views. This
would cause the value of everyone's homes to cl~prcoiate. I didn't buy a home thexe to
be in a circle of homes. I would like to ke~ the u~e and ~joym~t along with the views.
He should also not be allowed to take over any part of our road. They ~re private roads
that belong to all cfm. I think we rely on the Zoning Boa_rd and Tmsteos to stay
COmmittal to any regulations that are already in place.
If he's not on a bui!d~ble lot, he shouldn't be building.
Please take this letter into strong consideration when deciding wtmt to do.
Very T'roJ. y Yours,
Bonnie M. Quinn
'\ {L5 Toth, Vicki '~(~
From: Hermshouse@aol.com
Sent: Tuesday, June 29, 2010 12:06 PM
To: Toth, Vicki
Subject: [NEWSENDER] - Zoning Board of Appeals #6383 Mol - Message is from an unknown sender
Attachments: Southold Mol zoning Itr 63010.doc
Dear Ms Toth:
Attached is a letter to the Town of Southold Board of Appeals, which I understand will have a hearing
on this issue, June 30, 2010. As I am unable to attend, due to short notice from Suffolk Environmental
Consulting (received at my co owner's address June 17, 2010 and then forwarded to me for research
limited by lead time), I am submitting this letter of concerns to the board. Will you please forward it to
the board and anyone that has authority in this decision?
Thank you in advance for your assistance.
Sincerely,
Sarah Sowinski Herman
845-505-0797
6/29/2010
825 West Lake Drive
Southold, NY 11971
June 28, 2010
Attn: Chairperson Leslie Kanes Weisman
Zoning Board of Appeals
Town of Southold
53095 Main Road
Southold, NY ! 1971
RE: Sim Moi Public Hearing #6383 6/30/10
West Lake Drive
SCTM # 1000-090-02-001
R~CEIVED
JUN 2 9 2010
BOARD OF AppeALS
Dear Chairperson Leslie Kanes Weisman and Board Members,
I am one of the property owners directly to the north of West Lake Drive and the Moi
property described above. As I am unable to attend the public hearing on June 30th due to
short notice from Suffolk Environmental Consulting and a necessary physician's
appointment, I am submitting this letter stating my concerns in this matter.
The Moi construction survey indicates a proposed pervious driveway which will mn
along our property line. Our property line runs contiguous to the right o£way on West
Lake Drive belonging to Cedar Beach Park Association and West Lake Association, Inc.
This right of way ends at the entrance channel/inlet bulkhead into West Lake. How can
the Town of Southold grant approval/permission for Mr. Moi to usurp the private West
Lake Drive right of way as his driveway? Rather, shouldn't he be able to access his
driveway typically, where it would meet the public right of way right of way or be able to
construct the driveway along his existing property line running contiguous to the right of
way? If the concern is related to reaching his dock, which is not attached to his property
bulkhead, but that of West Lake, Inc.'s community bulkhead, the right of way still allows
him access. This bulkhead runs north from Mr. Moi's property comer along the channel,
then east, parallel to the right of way and ending at our property comer. We would like to
ensure our right of access to our property lines as it runs contiguous with the right of way.
Albeit unrelated to the board's authority, an additional concern of mine is the reparation
of damage to existing roadways and landscaping, leading to the Moi property, from
oversized construction vehicles.
Also, as stated on Mr. Moi's survey, Lot #118 consistently states "now or formerly St.
John's Episcopal Church" is there a connection to a St. John's Church, and were they
notified as well?
Sincerely,
Sarah Sowinski Herman, 24 Bancroft Rd., Poughkeepsie, NY, 12601 845-505-0797
10 1~:01p AHHE REGIHA SOWIHSKI
631-9S?-7614
p.1
825West Lake Drive
Southold, NY 11971
(631)335-0600
June 28, 2010
ATTN: Chairperson Leslie Weisman and Board Members
Zoning Board of Appeals
Town of Southold
53095 Main Road
.Southold, NY 11971
RE: Sim Mol Public Hearing #6383
West Lake Drive
SCTM #1000-090-02-001
Dear Chairperson Weisman and Board Members,
I am the property owner directly to the North of West Lake Drive and the Mol
property described above. As I am unable to attend the public hearing on June 30® due to
unavoidable circumstances, I am submitting this letter slating my concerns in this matter.
The Moi survey indicates a proposed pervious driveway that in fact runs along my
property tine. My property tine runs contiguous to the right of way on West Lake Drive
belonging to Cedar Beach Park Association and West Lake Association, Inc. This right
of way ends at the entrance channel of West Lake. How can the town of Southold grant
approval/permission for Mr. Moi to usurp the private West Lake Drive right of way as his
driveway? His driveway can be over the right of way but the right of way is not a private
driveway. His driveway ends at his property line and he is planning to install his means
of access over a mutual right of way that ends at the bulkhead. In addition, the Mol dock
is NOT attached to his property bulkhead. It is attached to common community
bulkhead. This bulkhead runs north from Mr. Moi's property comer along the channel
then east parallel to the right of way and ending at my property comer. I want to ensure
my right of access to my property as it runs contiguous with the right of way.
Also, as stated on Mr. Moi's survey, Lot #118 consistently states "Now or
formerly St. John's Episcopal Church." Is there ANY relationship whatsoever to a St.
John's Episcopal Church? What relevance does this have to this survey or any building
plans? If there is a connection to a St. John's Episcopal Church, were they notified?
Anne R. Sowinski
hou~to ~h~ll have
o~h~r ~han
:~hall
'alga~ for a,d
Co:
'gage
'bdild&n~
gt~JA
.nt~d< on an~t Of'
front
Unless '~.n
Bay
to r~ldcnts of:~
of
.plot,
dI
any, ps:ct of
chars~ ~
~ny of~ho
~bough~.p!(
p~rtsub~
· their.
~OnYey~nce~ page 509,
~eed d~ted the 2nd day
~:,the County of Suf/'ol:
, page 511.
(4)~Clarencs Platt of
f deed dated'the ,
the Court
~f'conveyance$,
rtue
.~ :in:the £fl~
Iew York, by and bY virtue
°}~ded in.the Office
~CT, also,
him
!O'UntY of SUrf, 4th:ds
THE TITLE GUARANTEE COMPANy and PIONIiEri NATIONAI~ TITLE INSURANCE COM,P, ANY ',,
';'~. NO materials shall be stored or
~' .any plot, or any sewage or r~fu:
/ .;into or deposited in Po(
?j.~ That no persons or person-shall;h~ve.
i[.' 'any vessel, boat raft or bathing float
· build any dock or boat house j
i'? Way any of the channels,which
~, the pieces or parcels heroina~ove to di's
-?'any sewage or any other.materials
'?or any other wa~ers boundin ..... ~ . ~wha~e~er
~ 9nd that no conveyance ~2~ ~ny, ~.. , ~ald Pieces or.Parc~ ands
.?( ~on of said d~ed~d cha-~'~v~r ~n~~'~' mad~ ~Y the seller ~f'a
~ ~ ~s or ~re~ge~ water wzv~ ~ , .. . ny p0r
~ The front end of this nlo~ "~-~' ~ '
GARAGES AND BOAT-HOUSES
~f the dwelling house, :~, ~;~%g,~2~all cQnform to
~ o~ h v ~ g rage or boathouse ~
a e been a r ' · · ., before the
,. . PP oved in .wr;t;n ,~tI m mm & ' ~ P
CO~4UNITY PROPERTY ~
.~.snali,. .De llmlteQ ot thn~ _2'_ ._,..Y..p, .P rty at Cedar Beach'Pa k
of the Cedar Beach . ., .. a~6,~he members zn ~ood
: · Park Co.unit -
thereof o · Y 'assoclatlQn tSe au
._. r of the Ce .- . , . thorlzed e .
~. ........... dar Beach Inn, , .. , gu Sts
,.to the owners~-of ~[~fi~a?~: ~u~u o ~n~ty 'Association shall 'be ~mmate~'
ars successors or assigns.- Y uno J. p. Muller Realty Corporation,
Ti{F TITLF GIJAftANTF,,F (IOMPA
AL T:I'L~ NSljrlANCE CO~IPAI'jY
t~ A "r" VI
TowH OF .SOUTHOZ_O
RECEIVED
JUN 2 3 2010
9914
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of I'HE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1_3_ week(s), successively, commencing on the
9th dayof Se tember 2010.
Principal Clerk
Sworn to before me this //'? day of_ ,~,,.~(~ ' .2010..
NOTARY P t ~ 5i: £: NEW YORK
~OUTHOLD TOWN
ZONING BOARD OF A. PpEALS
THU RSD~-Y SE~EMBER ~ ~
NOTICE IS HE.BY G~EN, pur-
To~ ~de Chap~r ~ (~inng),Town
of Southold, the following public hear-
ings will be held by ~e SOUTHOLD
PEALS at the To~ Hall, 53095 Ma~
Road, EO. Box 1179, Southold. New
York 11971 -~59, on ~
~MBER 23.2010:
~;~0 ~ ' ~THONY S. GAMPQ
S~ctioas ~0-124 and 280-116, based
on an application for binld~g pemit
and the ~dilding Inspector's June 3,
2010 Notice of Disapproval concerning
demolition and construction of a new
single-family dwail~g, at 1) less than
the code required ~ont yard setback of
40 feet, 2) less than the code r~uired
rear yard setback of 50 feet, 3) less than
the code required bulkhead setback of
75 feet; at: 1165 ~sherman's Beacl~ Rd.,
(adj. to Cutahogue Harbor) ~tchogue.
~e from Code Section ~0-124, based
on an application for hoild~g pemit
and the Building Inspector's May 26,
2010, Notice of Disapproval ~n~rning
proposed demolition and ~nstruct new
single-family dwalimg, at; 1) less than
the code required front yard setback of
rear yard setback of 35 feet, at: 2575 Old
Orchard Rd., (adj, m Orient Bay) E~t
173 tess than the code required total com-
bined side yards of 25 feet, 4) less than
the code required rear yard setback of
35 feet, 5) more than the code required
total lot coverage of 20%, at: 780 Rabbit
La., (adj. to Oardiner's Bay) East Mari-
on, NY. SC-tM#1000-31-18-17.
10;40 AM - CUTCHOGUE NEW
SUFFOLK HISTORICAL COUNCIL
~ Request for Variance
from Special Exception per Code Sec-
lion 280-13B(15) and Variance from
Code Section 280-18 based on an appli*
cation for building permit and the Build-
ing Inspector's July 19, 2010, Notice of
Disapproval concerning construction of
a new binlding; #6416 - owners request a
Special Exception for Historical Society,
#6420 - less than the code required front
yard setback of 50 feet, at: 27230 Main
Rd., and Case's La., Cutchogue, NY.
i1:00 AM - DAHNA M. BASILICE
#6409 - Request for Variance from Code
Sections 280-15, based on an application
for building permit and the Building In-
spector's May 4, 2010 Notice of Disap-
proval concerning proposed construc-
tion of accessory garage, at 1) less than
the code required side yard setback of 20
feet, 2) less than the code required front
yard setback of 35 feet, 3) more than the
code required maximum lot cov6rage el
20%; at: 3255 Bayshore Rd., (adj. to Pc-
conic Bay) Greenport, NY SCTM# 1000-
53-6-8
!_1;15 AM - ROY WARD #6404 - Re
quest for Variance from Code Sections
280-124 and 280-116, based on an appli-
cation for building permit and the Build
ins Inspector's March 8, 2010, amended
June 3, 2010 Notice of Disapproval con-
Marion, NY. SCTM#1000-37-6-7.1. ceralng additions and alterations to an
........... eTE existing dwelling, at 1) less than the code
10: ' recuired s de yard setback of 15 feet 2)
"IDE #641 Request for Van .....
~FAN $ 3 ' , ~/,.~ less than the code reqmred combined
from Code Sections 280-11ut~J ,
ance " tion I side yard setback of 35 feet, 3) less than
and 280 124 based on an app~tca .
' ' ' ' In tl~x:ode reqmred setback to a bulkhead
dm erm[t and the Braiding - ·
for bu', ' g p .... of 75 feet; at' 4075 Stallwater Ave, (East
t rslunell 2010, Nottceot~a~ap- ~ '
spec o .... creek (Eugene's Creek) Cutahogue,NY,
additions and "as built" deck addition SCTM#1000-137-1-8.1.
11:30 AM - DOUGLAS SLAMA and
to seasonal dwelling, at; I) less than
the code required bulkhead setback of NANCY SCHRANK tff~418 - Thi§ is a
75 feet, 2) less than the code required request for a Waiver under Code Article
minimum side yard setback of 10 feet, II, Section 280-10A, to unmerge [and
identified as SCTM #1000-98-5-9, based
on the Building Inspector's July 14, 2010
Notice of Disapproval citing Zoning
Code Section 280-10A, which states that
the nonconforming lots merged until
a total lot size co~[orms to the current
bulk schedule (minimum ~A),O00 square
feet in this RS0 Residential Zone Dis-
trict) this lot is merged with lot 10 to the
south, ali 355 and 405 Robinson La., Pc-
conic, NY SCTM#1000-98-5-9 and 10.
1:4 M - IS and E 1 A-
~ETH M~.STRODL_6417 - Request for
variance from Code ~ec~ns 280-116(B)
aud 280-124, based on an application for
budding permit and the Building Inspec-
tor's June 14, 2010, Notice of Disap-
proval ~oncerning proposed substantial
alterations additions to dwelling, at; 1)
less than the code required bulkhead
setback of 75 feet, 2) less than the code
required minimum side yard setback of
10 feet, 3) less than the code required to-
tal combined side yards of 25 Ieet,4) less
ran the code required rear yard setback
el 35 feet, at: 1595 Bayv ew Ave., (adi. to
Arshamomque Harbor) Southold, NY.
SCTM#1000-52-5-9.
12:10 PM - RONALD A, pO[L[Q
#64_10 _ Request for Variance from C°51e
~eecdons 280-i5 and relief from I,r~or
grant #6205, based on an application for 9914-1T 9/9
building permit and the Budding ins
tor's May 25,2010 Notice of Disapproval
concerning "as built" accessory shower,
at I) location other than the code re-
quired rear yard, 2) relief from Condi-
tion #1 of ZBA Grant #6205; at: 165 Sec-
ond St., New Suffolk, NY SCTM#1000-
1/7-10-20.5.
1:00 PM - REGiNA'S GARDEN
LLC #63138 - (adj. from July 29, 2010)
Request for Variance from Co.de Sec-
tions 280-13 and 280-14, based on an ap-
piicat on for building permit to operate a
farm office in a non confo[maing building,
i and the Building Inspector's March 10,
2010, Notice of Disapproval stating that
the proposed use on this parcel in the
AC zone is not permitred m~d exceeds
the code permitted number of uses per
the Bulk schedule at: 1150 Sound Ave.,
Ms.tuck. SCTM#1000'120"3°5'
Cart~over Hearings, continued from
prior meetings and pending additional
information:
Adjourned from Public HearIng July
29, 2010:
1_;30 PM - THEODORE C. MA RT~
JR. #6344.
Adjourned from Pubhc Hearing June
30,2010:
2:00 PM - SIM MOY #6383.
Adjourned fi.om Public Hearing July
29, 2010:
2:30 PM - JOHN E. and SHARON I.
WREN #6389
The Board of Appeals ~vill hear ail
persons or their representatives, desiring
to be heard at each hearing, and/or desir-
ing to submit written statements before
the conclusion of each hearing. Each
hearing will not start earlier than desig-
nated above. Files are available for re-
view during regular business hours and
prior to the day of the hearing. If you
have questions, please contact our office
at (631) 765-1809, or by email: ~
PERLINK "m ailto:Vicki.Tot h@To wn.
Soarhold.ny. us' Vicki.Toth@Town.
Soarhold.nv.us.
Dated: Set~tember 1. 2010
ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIR-
PERSON
BY:Vicki Toth
54375 Main Road (Office Location)
53095 Main Road (MalilngFLlSPS)
EO. Box 1179
Southold, NY 11971-0959
-' U,- 9885
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1 week(s), successively, commencing on the
12th day of Auqust, 2010. / --
Principal Clerk
Sworn to before me this
LEGAL NO1 ICE
SOUTHOLD TOWN
ZONING BOARD OF APPEALS
THURSDAY AUGUST 26, 2010
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN, pur-
suant to Section 267 of theTown Law and
Town Code Chapter 280 (Zoning),Town
of SouthoM, the following public hear-
ings will be held by the SOUTHOLD
TOWN ZONING BOARD OF AP-
PEALS at the Town Hall, 53095 Main
Road. EO. Box 1179, Southold. New
York 11971-0959, on THURSDAY. AU-
GUST 26. 2010:
9'.30 AM - Steve and Olaa Tenedios
#6407: Request for Variance from Code
Section 280-15(F). based on an applies
tion for building permit and the Build-
ing Inspector's June 11, 2010 Notice of
Disapproval. concerning proposed two
story two car accessory garage, 1) loca-
tion in a side yard when a front yard or
rear yard location is code-required on a
waterfront parcel, at: 17327 Main Rd.,
East Marion. SCTM#1000-23-1-14.10.
9:50 AM - Judith B. Ullman and Ju-
dith A. Moch //6403: Request for vari-
ance from Code Section 280-124, based
on an application for building permit and
the Buiid~ng Inspector's Marvh 2, 2010,
updated May 25, 2010 Notice of Disap-
proval concerning proposed foundation
reconstruction and alteration to year
round dwelling at: 1) less than the code
required front yard setback of 50 feet;
2) less than the code require~ side yard
setback of 15 feet; 3) conversion of front
porch to habitable space which pursuant
to "Walz" constitutes an increase in non-
conformance. Property located at: 7617
Soundview Ave.,(adj. to Great Pond aka
Leeton's Lake) Southold SCTM#1000-
10:10 AM - William A. Penney II1
tTidv Carl ~6319 & 6336: (adj. from PH
12/3/09) Location of Property: 45450
C.R. 48 (a/k/a North Road or Middle
Road) and Youngs Avenue, Southold;
C~fM 1000-55-5-2.2. Zone District: Gen-
eral Business B. The applicant is request-
ing ~he following, based on the Building
b~spector's revised August 5, 2009 No-
~" #6319 - Request for a Special Excep-
day of
tion concerning vehicle and accessory
sales, and
g6336 - Request for a Variance con-
cern!ng an as-built accessory shed build-
mg ~n a location other than the code-
required rear yard,
10'.30 AM. Thomas M. and Maureeq
E Dowlin~ g6412: Request for vari-
ance from Code Section 280-124, based
on an application for building permit
and the Building Inspector's May 26,
2010 Notice of Disapproval concern-
ing proposed additions/alterations to a
single-family dwelling at: 1) less than the
cbde required side yard setback of 15
feet. 2) less than the code required to-
tal side yard combined of 35 feet, Prop-
erty located at: 1200 Broadwaters Rd.
(adj, to Broadwaters Cove) Cutchogue,
SCTM#1000-104-9-3,
10:45 AM - Michael and Renee Be0e-
ro g6414: Request for variance from ap
proved Cluster Subdivision setbacks and
Code Section 280-18. based on an appli~
cation for building permit and the Build-
ing Inspector's May 26. 2010, amended
July 13. 2010 Notice of Disapproval
concerning proposed additions/alters
tions to existing single-family dwelling
at: 1) less than the approved front yard
setback of 25 feet: 2) less than the code
required maximum number of stories of
two and a hail Property located at: 2095
The Strand and The Greenway, East
Marion, SCTM#1000-30-2-52.
Il:00 AM - Bonnie M. Ouinn g6408;
Request for variance from Code Sec-
tion 280-116(B) and 280-15, based on
an application for building permit and
the Building Inspector's June 14, 2010
Notice of Disapproval concerning "as
built" alterations/additions and acces-
sory structures at: 1) less than the code
required setback from a bulkhead of 75
feet; 2) accessory structures located in
side yard when the rear yard location is
code required. Property located at: 1075
Cedar Point Dr.,West (adj. to west Lake)
Southold. SCTM# 1000-90-1-4.
11:15 AM - Andrew W. and Dana
Oneen #6401: Request for variance from
Code Section 280-124, based on an ap-
plication for building permit and the
Building Inspector's December 8, 2009,
updated May 27, 2010 Notice of Disap-
proval concerning proposed deck add -
tion to a single-family dwelling at less
than the code required rear yard setback
of 35 feet. Property located at: 1380 Koke
Dr,. Southold SCTM#1000-87-5-18.
V ' W - la · Request
for variance from Code Section 280-
12](A)la, based on an application for
building permit and the Building Inspec
tor's Ma? 14, 2010 Notice of Disapproval
concernmg proposed change of use to
an existing structure: 1) In the AC Zone
the proposed use is not allowed. 2) per
Zoning Board of Appeals grant#1508
structure was granted vacuum cleaner
sales and repairs, proposal is to change
to retail antique/crafr shop. Property
located at: 45805 Route 25, Southold
SCTM#1000-75-2-14;
12'.30 PM - Eileen E Debanev #640~;
Request for Variance from Code Sec-
tion 280-124, based on an application for
building permit and .the Building Inspec-
tor's June 3, 2010 Notice of Disapproval,
concerning"as bu dt "deck addition to ex-
isting single-family dwelling, 1) less than
the code required front yard setback
of 35 feet, at: 1140 Carrthgton Rd. and
Vanston Rd., Cutchogue. SCTM#1000-
",..,-/(~ H RISTtNA VOLINSKI
NOtArY pUBLIC.S'~ATE OF NEW YORK
No O
V~NE~S ~63~ Location of ProperS:
26~ Takaposha Road, (adj. ~ Corey
Harbor) Southold; ~M 1~-87-6-4,
280-116-B and ~0-124, based on the
Building inspector's April 2~, 2010 No-
tice of Disapprgval con.ming an ap-
1~ less than the code-required mini-
2) less than 35 feet ~om ~e front lot
4) less than 25 feet for both (com-
bined) minimum side y~d setback~
maximum lot coverage (building area),
prior meetings and pending additional
Adjourned from Public Hearing May
20, 2010:
g63~. (adj from May 20, 2010 PH) Re-
quest for Variance from Code Section
2~-70(i) based on an appli=fion for
equipment, and ~e Bulldog In~etor's
August 13, 2~9, mended De.tuber 8,
2~9, updated March 4, 2010 Nofi~ of
Disapproval concerning co-location of
g~anted of 90 feet at 23300 M~n Rd. and
Adjourned ~om Public Hearing June
Adjourned ~om Public Heating July
1:30 PM - JOHN E. and SHARON 1,
Adjourned from Public Hearing June
30, 2010:
%e Board of Ap~als will hear all
before ~e conclusion of each he~ing.
Each hearing will not start earlier than
review during regul~ b~thess hours
and prior to the day of the hearing. If
office at (631) 765-1809, or by emaib
ZON~G BOARD OFAPPEALS
54375 MMa Road (O~ Lom~n)
~5 M~n Road
P.O. Box 11~
9885-1T.~12 ......
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
RO. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
WEDNESDAY JUNE 30, 2010
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code
Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the
SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road,
P.O. Box 1179, Southold, New York 11971-0959, on WEDNESDAY JUNE 30, 2010:
10:15 A.M. SIM MOY #6383. Request for Variances from Code Sections 280-124 & 280-116
based on an application for building permit and the Building Inspector's January 12,
2010, Updated March 15, 2010, Notice of Disapproval concerning construction of a new
single family dwelling, at (1) less than the code required minimum rear yard setback of 35
feet, (2) less than the code required setback from a bulkhead of 75 feet at; 750 West Lake
Dr., Southold, NY. SCTM#1000-90-2-1. (adj. to Little Peconic Bay and dug Inlet)
The Board of Appeals will hear all persons, or their representatives, desiring to be heard
at each hearing, and/or desiring to submit written statements before the conclusion of
each hearing. Each hearing will not start earlier than designated above. Files are
available for review during regular business hours and prior to the day of the hearing. If
you have questions, please do not hesitate to contact our office at (631) 765-t809, or by
email: Vicki.Toth(~,Town.Southold.n¥.us.
Dated: May 27, 2010
ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIRPERSON
By Vicki Toth
54375 Main Road (Office Location)
53095 Main Road (MailinglUSPS)
P.O. Box 1179
Southold, NY 11971-0959
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME
MOY SIM
#6383
MAP #
90-2-1
VARIANCE SETBACKS
REQUEST NEW DWELLING
DATE: WED, JUNE 30, 2010 10:15 AM
If you are interested in this project, you may review the file(s) prior to
the hearing during normal business days between 8 AM and 3 PM.
ZONING BOARD-TOWN OF SOUTHOLD 765-1809
ZONING BOARD OF APPEALS
MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building,
P.O. Box 1179 Southold, NY 11971-0959
(631) 765-1809 Fax 765-9064
LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor
54375 Main Road and Youngs Avenue, Southold
website: http://sout htown.northfork.net
June 1, 2010
Re: Town Code Chapter 55 - Public Notices for Wednesday, June 30, 2010 Hearing
Dear Sir or Madam:
Please find enclosed a copy of the Legal Notice describing your recent application. The Notice
will be published in the next issue of the Times Review newspaper.
1) Before June 14th:
Please send the enclosed Legal Notice, with both a Cover Letter including your telephone
number and a copy of your Survey or Site Plan (filed with this application) which shows the
new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, to al_l owners of property (tax map with property numbers enclOsed), vacant or
improved, which abuts and any property which is across from any public or private street.
Use the current owner name and addresses shown on the assessment rolls maintained by the
Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County
Center, Riverhead. If you know of another address for a neighbor, you may want to send the
notice to that address as well. If any letter is returned to you undeliverable, you are requested
to make other attempts to obtain a mailing address or to deliver the letter to the current owner,
to the best of your ability, and to confirm how arrangements were made in either a written
statement, or during the hearing, providing the returned letter to us as soon as possible;
AND not later than June 21st: Please either mail or deliver to our office your Affidavit of
Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to
our office with the green/white receipts postmarked by the Post Office. When the green
signature cards are returned to you later by the Post Office, please mail or deliver them to us
before the scheduled hearing. If any envelope is returned "undeliverable", please advise
this office as soon as possible, If any signature card is not returned, please advise the
Board during the hearing and provide the card (when available). These will be kept in the
permanent record as proof of all Notices.
2) Not Later June 22st: Please make arrangements to place the enclosed Poster on a
signboard such as cardboard, plywood or other material, posting it at your property for seven
(7) days (or more) until the hearing is held. Securely place the sign on your property facing
the street, no more than 10 feet from the front property line bordering the street. If you border
more than one street or roadway, an extra sign is available for the additional front yard. Please
deliver or mail your Affidavit of Postin.q for receipt by our office before June 28th, 2010.
If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank
you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS).
Very truly yours,
Zoning Appeals Board and Staff
Encls.
~'~ ~ 9814
STATE OF NEW YORK)
)
SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1__ week(s), successively, commencing on the
1?th day of June, 2010.
Principal Clerk
Sworn to before me this
day of
2010.
LEGAL NOTICE
SOUTHOLD TOWN
ZONING BOARD OF APPEALS
WEDNF~DAY JUNE 30, 2010
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN, put-
suant to Section 267 of theTowaLaw and
Town Code Chapter 280 (Zoning),Towa
of Southnld, the following public hear-
ings will be held by the SOUTHOLD
TOWN ZONING BOARD OF AP-
, PEALS at thc Town Hall, 53095 Main
Road, EO. Box 1179; Southold, New
I York 11971-0959, on ~
9*.30 A.M. MARY ZUPA #6394-
· Request for Variance from Code Sec-
tion 280-14, b~sed on an application for
; bnlldL~g permit to build a new single
~ family dwelling in addition to an exist-
ing marina, and the Building Inspector's
March 24, 2010, Amended April 1, 2010
Notice of Disapproval stating that the
proposed construction is not permitted
unless the same conforms to the Bulk
i Schedule and Parking Schedule propos-
al is at less than the code required 80,000
sq. ft. of land. Location of Property: 580
BaSin Rd., (adjacent to Sou[hold Bay)
Southold, NY. SCTM#1000-81-1-16.7.
Zone: R-80. (The Zoaiag Board of Ap-
35 feet, (2) less than the code required
setback from a bulkhead of 75 feet
at; 750 West Lake Dr., Southold, NY.
SCTM#1000-90-2-L (adj. to Little Pc-
conic Bay and dug Inlet)
10'.30 A.I~L ANDREW GREENE
#6387. Request for Variances from Code
Section 280-116(A) based on an applica-
tion for building permit and the Build-
ing Inspector's March 24, 2010, Notice of
Disapproval concerning construction of
an accessory in-ground swinuning pool
at less than the code required setback
from a bluff of 100 feet at; 30653 Route
48~ Peconic, NY. SCTMg1000-73-4-5,
(adj. to Long Island Sound)
10-50 A.M. THOMAS and NANCY
M. SPURGE ~6380. Request for Vari-
ance from Code Section 280-124, based
on an application for building permit
and the Building Inspector's November
20, 2009, Updated February 18, 2010,
Notiqe of Disapproval concerning "as
built' deck addition at less than the code
required front yard setback of 35 feet
ac 3273 Manhasset Rd., Greenport, NY.
S~#100043-i-9.
1L'00A.M. CHARLES MATTINA
IBELLMATY PROPERTIES. LLCi
#6381. Request for Variance from Code
Section 280-124, based on an applica-
tion for building permit and the Build-
[hg Inspector's March 1, 2010, Notice of
Disapproval concerning deck additions
at less than the code required front
yard setback of 35 feet at; 545 Koke Dr,,
Southold, NY. SCTM#1000-87-5-14.
11:15 A.M. FRANK and DONNA
SCAROLA and DONNA PERRIN
#6382. Applicants request a Special Ex-
ception under Section 280-13B(14),. The
Applicants are [he owners requesting
authorization to expand an Accessory
Bed and Breakfast, accessory and inci-
dental to their residential occupancy in
this single family dweQing, from three
(3) bedrooms to five (5) bedrooms for
lodging and serving of breakfast to the
B&B casual, tramient roomers, Location
of Property: 4850 Sound Ave., Mattituck;
CTM 121-3-6.
11:30 A.M. JOSEPH E GONZA ! lrg
~6384. Request for Variances from Code
Section 280-116 based on an application
for buiidthg permit and the Building In-
spector's Amended Doc. ember 10. 2009,
Updated March 9, 2010, Notice of Dis-
approval concerning "as bruit' rear deck
and existing sheds, at less than the code
required setback from a bnlkhead of 75
feet at; 2700 Ole Jule Lane Mattituck,
NY. SCTM#1000-122-4-14. (adj. to James
Creek)
11:45 A.M. ALEXANDER L. and
TRACY M. SUTYON #6385. Request
for Variances from Code Section 280-18
based on an appbcation for building per-
mit and the Building Inspector's October
14,2009,Updated March 18.2010,Notice
of Disapproval concerning proposed two
lot subdivision, with total lot area less
than the code required 80,000 square
feet for two lots at; 1160 North Bayview
Rd., Southold, NY. SCTMg1000-78-9-54
& ?~-. Zone: R-40,
CHRISTINA VOLINSKI
NOTARY PUBLiC-STATE OF NEW YORK
No, 01-VO6105050
Qualified in suffoJk County
Carryover Hearings, continued from
prior meetings and pending additional
information:
Adjourned fi-om Public Hearing
March 25, 2010:
D #
Adjourned from Pubhc Hearing Feb-
ruary 25, 2010:
1.30 P.M. MARC and DEIRDIti~
Adjourned from Public Hearing
April 22,2010
2:00 P.M. NICK MIHALIOS ~i361
The Board of Appeals will hear all
persons, or their representatives, desir-
ing to be heard at each hearing, and/or
desiring to submit written statements
before the conclusion of each hearing.
Each hearing will not start earlier than
designated above· Files are available for
review during regular business hours
and prior to the day of the hearing. If
you have questions, please do not hesi-
tate to contact our office at (631) 765-
1809, or by e-mall: Vicki.Toth@Town.
Soul hold.nv, us.
Dated: June 9, 2010
ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIR-
PERSON
BY VICKI TOTH
54375 Main Road (Office Location)
53095 Main Road (Malllng/USPS)
EO. Box 1179
Southold, NY 11971-0959
9814-1T 6/17
Suffolk Environmental Consulting, Inc.
Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932 2003
(631) 537-5160
Bruce Anderson, M.S.,President
June 15, 2010
Town of SoutholO
Zoning Board of Appeals
53095 Main Rood
P,O, Box 1179
Southold, NY 11971-0959
Fax: (631) 537-5291
BOARD OF APPEAkS
Re:
Situate:
SCTM#:
May Property
750 West Lake Drive, Southold
1000 - 090 - 02 - 001
To Whom It May Concern:
As you know this Firm represents the owner of the properly referenced above
who is seeking to improve thereon. As per the hearing requirements of the Southold
Zoning Board, I enclose herewith:
Affidavits of Mailing dated June 11,2010, with certified receipts
attached to all abutting praperty owners.
Please be advised that we will forward to you the green receipts cards as we
receive them. Should you have any questions concerning this matter, please feel
free to contact this office at any time. Thank you in advance for your attention and
consideration.
Sincerely,
Diane K. Wassick
Encl
Cc: Mr. Moy
i
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Application of
(Name of Applicants)
CTM Parcel #1000-
AFFIDAVIT
OF
MAILINGS
R~dCEIVEI~
~OARD OF APPEALS
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
New York, being duly swo-m, depose and say thati ~ -- --
Post O tTOt?etp2~--Ne '- , [ pers~ually mailed at the United States
REQUESTED, w York, by CERTI]?IED MAIL, RETURN RECEIPT
a true copy of the attached Legal Notice in prepaid envelopes addressed to
current owners shown on the current assessment roll verified from the official records on file
w/th the 0~ssessors, or ( ) County Real Property Office __ for every
property which abuts and is across a public or priv?e street, or~ehicular right-ot'--x~ay o[' record,
surround/ng the applicm~t's property.
Sworn to before me this
/[¢d~ day of,,d--~,t,~ ,20~0
/~',[o ta ry Public)
N!i ('
Matthew D. Ivans
Notary Public of New York
No 01[v¢Ofi~ 9
Commission axpJres January 22, 20 #
PLEASE list, on the back of this Affidavit or on a sheet 0f paper the lot numbers next to the
.owner names and addresses for which notices were mailed. Thank You.
m
(Endorsemen~ Required)
(Endorsement Required)
A~CE[VE~
~OA~D OFAPPEAL$
Postage
Cedified Fee
Return Receipt Fee
(EndorSement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
P, tm rk
Street, Apt No.; ...
~ ~~. ~ 1~7~ ......... ~
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$0.61
$2.00
$2.30
$
· Complete item~.l, 2, and 3. Also complete
Item 4 if Reetl~ted Delivery is deslmd;
· PHr~ your name and address on the reverse
so that we can return the card to you.
· Attach th!~ card to the back of the mailpiane,
or on the frant If space permits.
Signatu
~. ~eceivsdJ~Prlnt~:~ N~me) lC. Data, of
l~'ls dteliva'~address different from item 17 [] Yes If YES, enter delivery address below: [] No
3' ~ Mail D Express Mail [] Registered [] Retum Receipt for Memhandles
[] Insured Mail [] C.O.D.
4. Restricted D~ive~3r? (Ex'tm Fee) [] Yes
2. ~Jl~cle Number 7009 0080 0001 6793 6606
PS Fora1 381 1, February 2004 Domestic Return Receipt ,/~ ~)/~ 102595-~-M-IS40
· Complete Items 1, 2, and 3. Also complete
· Pflnt.~3ur came and eddmes on the reveree
ac that we can return the card to you.
· Attach thi~ card to the back of the mailpiace,
2. Article Numbe~
('r*'a',~erfromse~Icel~beO
PS Form 3811, February 2004
· Complete Items 1, 2, and 3. Also complete
Item 4 If Restricted Delivery is desired.
· Print your name and addmes on the reverse
ac that we can return the card to you.
· Attanh tt~s card to the back of the mallplace,
or on the front ff ~='j~_ perm..
If YES, eater dailvery addm~ below. []No X
[:] Reg~,,~:l D Return Reoe~t f~r Memhanclbe
r'l Ir~ured Mall ~ C.O.D.
4. ~ ~ ~) ~
~mestic Return R~lpt ~ ~ 1~1~
[] Insured Mail [] C.O.D.
"PS Form 381 1, February 2004
7009 0080 ~001 6793 6620
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
/~ [f~p AFFIDAVIT
OF SIGN
(Name o lieants) POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
ooo- -
COUNTY OF SUFFOLK)
STATE OF NEW YORK) SUFFOLK ENV1,RONM~kri-Air CONSULTING,
/,~~~~ ~ P.O. EIOX2003
· BRIDGEHAMPI'0N0 NY 1193:)-2003
, New 'YorE, being duly sworn, dcpos.~ and Say that:
On the //~'~'~day of ~ ,~__ .~r.) , ! personally placed the Towel's official
?oster, with the date o£ hca~:ing a~d nature of~ty application noted thereon, securely upon my
property, located ten (10) £eet or closer from the street or figSt~o£-w~y (driveway cntraacc) -
facing the sa'eet or £acing each street or right-o£-wa¥ enb-a_rtce;* and that
! hereby confirm that the Poster bas rema~¢d in place £or seven d~ys prior to tF~t date 0f
the subject bearing (late, which heaz~g date wa~ shown to be
Sworn to before me this
~8'~day of ,.~,.,,t , ~
{_} Ma~hew D. leans
' NOtary Public of New Yort
No. 01 V6053859
· Ouelified in Suffolk County
/' t-Notary Public) ..Commission Expires January 22, 20 t I
*near the enmmce or driveway entrance of my property, as the area most visible to passersby.
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
Tel. (631) 765-1509 Fax (631) 765-9064
May 10, 2010
Suffolk County Soil and Water
Conservation District
423 Griffing Ave., Suite 110
Riverhead, New York 11901
Re: ZBA # 6383
Dear Sir or Madam:
We have received an application for a project adjacent to a waterway,
shown on the enclosed site map. The hearing on this application is
expected to be held in approximately 3 weeks.
Enclosed is a copy of the site map, together with the application and a
copy of the area map. May we ask for your assistance in an evaluation
and recommendations for this proposal.
Thank you for your assistance.
Very truly yours,
Leslie K. Weisman
cha o:
By: ~z-
Encls.
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
Tel. (631) 765-1809 Fax (631) 765-9064
Mark Terry, Principal Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold, NY 11971
March 19, 2010
Re: ZBA File Ref. No. #6383 (Moy)
Dear Mr. Terry:
We have received an application for construction of a new single family dwelling in
Southold. A copy of the Building Inspector's Notice of Disapproval under Chapter 280
(Zoning Code), and survey map, project description form, are attached for your reference.
Your written evaluation with recommendations for this proposal, as required under the
Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this
letter.
Thank you.
Very truly yours,
Leslie K. Weisman
Chairperson
Encls.
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
Tel. (631) 765-1809 Fax (631) 765-9064
March 19, 2010
Mr. Thomas Isles, Director
Suffolk County Department of Planning
P.O. Box 6100
Hauppauge, NY 11788-0099
Dear Mr. Isles:
Please find enclosed the following application with related documents for review
pursuant to Article XI¥ of the Suffolk County Administrative Code:
ZBA File #6383
Action Requested:
Within 500 feet of:
Owner/Applicant: MOY
Bulkhead setback
( ) State or County Road
(X) Waterway (Bay, Sound, or Estuary)
( ) Boundary of Existing or Proposed County, State, Federal land.
( ) Boundary of Agricultural District
( ) Boundary of any Village or Town
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
Encls.
Leslie K. Weisman
ZBA Chairperson
BOARD MEMBERS
Leslie Kanes Weisman, Chaixperson
James Dinizio
Gerard P. Goehringer
George Homing
Ken Schneider
http://southotdtown.north fork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTttOLD
Tel. (631) 768-1809 - Fax (631) 765-9064
Southold Town Hall
53095 Main Road · EO. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
October 12, 2010
Shawn Baron
Suffolk Environmental Consulting
P.O. Box 2003
Bridgehampton, NY 11932-2003
Re: ZBA # 6383, Moy
Dear Mr. Baron:
Transmitted for your records is a copy of the Board's October 7, 2010 Findings,
Deliberations and Determination, the original of which was filed with the Town Clerk
regarding the above application for variances.
Before commencing any construction activities, a building permit is necessary.
Please be sure to submit an application along with a copy of this determination to the
Building Department.
If you have any questions, please call the office.
S incere.l~_~.~
Vicki Toth
Encl.
Cc: Building Dept.
o
iZ
STONE DRIVEWAY
'OPOSED
DECK
PROPOSED LOCATION
OF HOUSE ON P{LINGS
NOTE: S~E FILL NOT TO
EXCEED 350 CUBIC YARDS
Pq
SCALE: 1" = 10~0'
DRAWN BY: ]F/NH
]uiy 16, 2010
SCALE: 1/4" =
SHEET NO:
TEST HOLE DATA
McDONALD OEOSCIENCE
NIo'3g'
WEST LAKE
WEST
Lot
o,~ Lot 118
St. dohns ~r. formerly
" cP*SCOpol Ohureh
RETAINING
FINISHED GRADE ~8"~
WATERPROOF
TO BACKFrLUNG
WALL SECTION
TOP OF WALL
LITTLE PECONIc EBA¥
SANITARY SECTION:
C,I, COVER
SEPTIC TANK
100(] GAL.
-- FINISHED GRADE
CESSPOOL
NOTS:
1. TOTAL AREA ---- 8,861 S.F.
ADJACENT AREA = 9,4<34 S.F.
2. o = SPIKE SET, ·= REBAR FOUND.
5, SUBDIVISION MAP "CEDAR BEACH PARK" FILED
IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY
ON DEC. 20. 1927 AS FILE NO. 90
4. ELEVA]]ONS SHOWN HEREON ARE REFERENCED TO
N.A.V. DATUM 19SD.
5. THIS PARCEL IS WITHIN FiRM ZONE VE(EL 10) AS
DIUNEATED ON FIRM BOUNDARY MAP NO.
36105C0169 H LAST DATED SEPT. 25, 2009
E. APPROXIMATE FILL REQUIRED =
180 CUBIC YARDS REQUIREO (FDR SANITARY).
7. ADJACENT LOT COVERAGE:
HOUSE = 1,061 S.F.
DECK = 554 S,F,
TOTAL = 1,595 S.F. OR 15.9~
8. THE NON-TURF BUFFER MAY BE MAINTAINED
VIA MOWtNG.
Survey for:
SIM MOY
Lot 1 19, "Cedar Beaot~ P~k"
At
B~yv~e~v
Town of
So~tholcl
Suffolk County, New York
S.C.T.M.: 1000-090.00-02.00-001.500
9.~C~V~~ sc,~E:r'=2o',~
B~OAB-O 0~: AggB'ALS
JOSEPH FISCHETTI, PE
PROFESSIONAL ENGINEER
172S HOBART ROAD
SOUTHOLD, N.Y. 11971
CERn]FlED TO:
SIM MOY ,
64 SUNSET AVENUE
WESTHAMPTON BEACH, N.'~ 11978
(631) 285-0022
DWG: 2004-744