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HomeMy WebLinkAbout3441APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT ,J. DOUGLASS JOSEPH H. SAWlCKI Southoid Town Board of Appeals MAIN RI'lAD- BTATE ROAD 25 SOUTHE]LD, L.I., N.Y. llcJ'7'l TELEPHONE (516) 765-1809 May 2, 1 986 Mr. John J. Newman 147 Whitehall Boulevard Garden City, NY 11530 Re: Appeal No. 3441 Garage Conversion Variance Dear Mr. Newman: In accordance with your request of March 3, 1986, please be advised that the following action was taken by the Board of Appeals at our Regular Meeting held last night in the above matter: RESOLVED, that the Application of JOHN J. NEWMAN under Appeal No. 3441 for a Variance to convert and increase size of accessory garage structure for sleeping/livable floor area, BE AND HEREBY IS WITHDRAWN, as requested. This resolution was duly adopted by unanimous vote of all the members. Yours very truly, CC: Building Department Town Trustees GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 92~, HEMP~TEA,O TURNPIKE FRANKL~ SQUARE, NY 11010 (516) 354-9100 (Nassau) (516) 654-3610 (Suffolk) (718) 895-2228 (New York City) (914) 358-9088 (Westchester) -- INSURANCE SERVICES -- GROUP INSURANCE LIFE - HEALTH - DISABILITY INDIVIDUAL (Personal & Business) LIFE - AUTO - FIRE - HOMEOWNERS LIABILITY - THEFT - MARINE HEALTH - ACCIDENT John J. Newman, President March 3, 1986 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road -~State Road 25 Southold, New York 11971 Dear Mr. Goehringer: I am replying to your letter dated December 11, 1985 concerning my Appeals # 3441 and 3442. Please be advised that the required survey will be completed shortly. In the meantime, I am sending you copies of various permits received including the New York State DEC permit. This is in reply to Question 2 of your letter. We have also employed the services of Architect Garrett Strang, Main Road, Southold in order to prepare more detailed plans and drawings of the proposed improvements. The Southold Trustees are in the process of issuing the Wetlands Permit for the repair of the garage, we will forward that upon receipt. We are also enclosing a copy of the Army Corp of Engineer approval of our requests. The new DEC Approval or letter of Non-Jurisdiction hopefully would be forwarded sh_ortly. / JJN/lnm Enc. 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 on this site. For further informa- tion regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Alternate Regional Permit Administrator Permit No. 10-84-1328 Expiration Date 95-20-1 (11/82) January 31st, 1987 NOTE: This notice is not a permit David DeRidder 92~ HEMI~'STEAD TURNPIKE FRANKLIN SQUARE, NY 11010 (516) 354-9100 (Nassau) (516) 654-3610 (Suffolk) (718) 895-2228 (New York City) (914) 358-9088 (Westchester) -- INSURANCE SERVICES -- April 7, 1986 -' GROUP INSURANCE LIFE - HEALTH · D~SABILITY INDIVIDUAL (Personal & Business) LIFE - AUTO · FIRE - HOMEOWNERS LIABILITY - THEFT · MARINE HEALTH - ACCIDENT John J. Newman, President Mr. Gerard P. Goehringer Southold Town Board of Appeals Main Road - State Road 25 Southold, New York 11971 Dear Mr. Goehringer: Please be advised that we wish to withdraw our Zoning Appeal for conversion of accessQry garage structure. This Appeal number is either 3441 ~your letter of December llth did not specify which number covers the garage structure. We have decided to consider the addition of a 2nd floor to the house for the additional living space that we need. We therefore are going forward with a building permit for the repair of the garage at its present location without modification. This change in our plans requires that we re-study the addition to the house. We would therefore appreciate your patience in our submitting an up to date survey. Very( ;ruly yours, John ~ JJN/~nm PUBLIC HEARING IN THE MATTER OF JOHN J. NEWMAN 8:14 P.M. NOTICE IS HEREBY GIVEN THAT PUBLIC HEARING WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TO~fN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ON THURSDAY, JANUARY 23, 1986 ON THE FOLLOWING APPLICATION FOR PERMITS UNDER THE PROVISION OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD; IN THE MATTER OF JOHN J. NEWMAN TO DRIVE 12 PILINGS LANDSIDE TO SECURE EXISTING GARAGE. PROPERTY IS LOCATED ON SAILORS NEEDLE ROAD, MATTITUCK, 'NEW YORK. TRUSTEE SMITH: That was the official reading of the notice for Mr. John J. Newman. Does anyone have anything to say pro or con to this application? Please come up and state your name. MRS. JEANNE P. MARRINER: I live next to Mr. Newman. I would like this opportunity to reiterate some of our concerns we expressed in our letter to you. In the letter we called attention to not only our concerns regarding the proposed piling project, but we also asked that you review the application in relation to the other recently completed construction and alteration on the Newman property. Our permanent residence abuts the Newman property and we have been affected by bulkhead construction during 1984 and 1985 and we fear future cumulative affects and we are gravely concerned about the proposal to construct second story living quarters on top of the existing garage by placing the garage on twelve pilings. Our reasons for our concerns are as follows: The garage is right at the waters edge and we fear the project will have a potentially large impact on groundwater quality from salt water intrusion. As our well is about 90' from the Newman garage. The project we know, will cause objectionable ground vibration because we have experienced this when the bulkheading was done during the 1984 and 1985 construction. The composition of the land that our houses are on, sand and topsoil placed on bog is very fragile. The land is surrounded on three sides by James Creek. We fear undermineing of the lateral support could lead to the cracking of our concrete foundations. The project could have an impact on both the public health and safety of ourselves and other Salt Lake Village residents and on James Creek due to excessive water pumping and additional sewage resulting from proposed facilities added to an already overloaded parcel of property of less than one acre. We are concerned with the overload even without the new proposal because of the proximity of the Newman cesspool to the creek and to his and our wells. The cesspool was placed closer to our wells and the swimming pool took the place of the original cesspool. PUBLIC HEARING IN THE MATTER OF JOHN J, NEWMAN JANUARY 23~ 1986 8:14 P.M. PRESENT WERE: Trustee President Henry P, Smith Trustee John Bredemeyer Trustee Ellen Larsen Trustee Phillip Goubeaud Clerk Ilene Pfifferling Bay Constable Kent McCarthy Frank Kujawski Jeanne P. Marriner Martin Garrell, CAC Public Hearing In the Matter of John J. Newman Page 2. The system already services the following: The main house facilities which is all on one acre, the Lighthouse, guest bathroom and kitchen facilities, and the Lighthouse is surrounded by water. The Cabana/ guesthouse facilities situated on the waters edge next to the pool. The washing machine, shower and other facilities located in the existing garage which is also situated on the waters edge. As we mentioned in our letter, we are extremely concerned about short water supply and saltwater intrusion resulting from excessive water pumping of the newly installed inground sprinkler system of both Mr. Newman and his abutter to the North, Mr. Fahey. We ask that you consider how much water and waste disposal this property could handle without contaminating our wells and the creek. We ask that you please consider the total situation when you are deliberating on application number 335. While we recognize that Mr. Newman's garage needs repair due to termite damage, further compounded by the recent construction which made it slip off of its' foundation, we do not understand the request for twelve pilings to repair the garage. The pilings are only a means for Mr. Newman to accommodate a second story to add additional living space. Tonight I am speaking primarily to application no. 335, as it is my understanding that Mr. Ne%~man withdrew his request for bulkheading in application no. 330. and will replace the spartina he removed last Fall from his property directly abutting ours on James Creek. If there is any change to application 330, we request the opportunity to comment because the safety of our wetlands and property could be affected. Because we are deeply concerned about what could happen to our home if the project described in No. 335 is permitted we ask you to please look at the entire picture before making your decision. We realize that with current mandates, may not include responsibility for some of our concerns, we hope you will never the less recognize that there could be a potentially serious problem if further expansion is permitted on this{sensitive creek front. Thank you for letting me comment. TRUSTEE SMITH: Does anyone else have anything to say? ~RTIN GARRELL: Question for you Henry? What is the sequence of determination on that? Who gives approval on the second story building? Is it the ZBA? Or is it Planning? TRUSTEE SMITH: That would be the Zoning Board. ~RTIN GARRELL: That was our hopes that somehow %.;e %~ould get a decision.on that before we would have to decide on the pilings. TRUSTEE SMITII: It was my understanding that our part of this matter was to put the pilings in to stop the garage from sinking or slipping into the creek. As far as putting a second story on, where he is Public Hearing In the Matter of John J. Newman Page 3. within 75' of High water. H~ would have to come back to us for an application to do that. As far as the cesspools and ground- water and things like that, it is out of our jurisdiction. MARTIN GARRELL: The thing of it is, sooner or later we are going to get clobbered with one of thise things. If we do not look at the whole picture. TRUSTEE SMITH: I agree, but right now the mans.problem is that the garage is at a tilt. TRUSTEE BREDEMEYER: I reviewed a letter that was sent to us by the Marriners. The swimming pool and that particular item, I believe started prior to the April 1st date of the Wetland Ordinance, because we were out on this last fall. Apparently that change went beyond our jurisdiction. The discussion on the inground sprindler system has got to make you wonder an awful lot. That is such a fragile area to be drawing on water resources and there has been probably no comment from any other agency at all on that installation. It is one that deserves discussioK here as a principal. In ground sprinkler systems can draw a tremendous amount of water to put it on such a fragile location as that, it deserves mention. TRUSTEE SMITH: Now well drillers are required by law before they put a well in, as such, they have to get a permit from New York State and the use of the well has to be so stated. I think they should be looking more closely where these wells will be going and what use it is going to be used for. If you get dry years, you get salt water intrusion. A few years ago, the people on Nassau Point has salt water intrusion. They had to move their wells back close to the road. It went back after the rains came back, b~t it was due to lawn irrigation. FRANK KUJAWSKI: I have agreed to represent Mr. Newman. I have a letter I will give to the Clerk shortly. The reason I have agreed to represent him is, in the past couple of years in dealing with him, I think the way he has conducted construction on that property has been in a sensitive manner. A couple of compromises he has made with this Board and the withdrawal of applications in the past. Before I agreed to represent him, I have also talked to several people in the construction business. It is their opinion that this was rot, which was the basic part of the problem here. I ackh6wledge there is concern here, on saltwater intrusion, but I am looking back at my own personal experience in this area. The greatest danger occured during the excavation or removal of hydrostatic pressure. I would of thought that for instance, during the pool construction period or any of the bulkheading, where it would be going on, that would have been the time to see any evidence. In the driving of pilings, the pressure is maintained even though the interface bet%~een fresh and salt may be provoked Public Hearing In the Matter of John J. Newman Page 4. or actually interspersed, the pressures still remain. You are not removing earth. I personally can't see any other way to save the garage other than the pilings. As far as the other couple of things, I did: 1. To note, and I think Mrs. Marriner correctly noted, discharges of waste prior in this garage as it is presently constructed right now. There has been an improvement already, because on buying this property that discharge of waste was a direct discharge into the creek, i think we all know what that means, since then this has been hooked up to the cesspool system. There is a gain right there. 2. The other point I would like to mention is that Mr. Newman has a very large family. He is not going to rent this out or increase the population of this piece of property. The personal wastes that are generated, and the amount of water used by the population is not going to be increased. In other words, the amount of water pumped there and the waste generated right now would be the same whether or not the Zoning Board of Appeals choose to allow him to make living quarters in the garage. Is this Board in receipt of a letter from Mr. Ne%~mans other adjacent neighbor? If not, I have a copy of a letter from Mr. Fahey which I would like to read. "Dear Jack, After reviewing the information that you sent me concerning the raising of the garage and the adding of the two bedrooms plus a bath, as well as your proposed extension to the back of the main house, please be advised that I have no objection to these improvements. You should feel free to use this letter in connection with your appeal to the Town. Sincerely, Philip Fahey, Dated January 13, 1986". I think that should be part of the record that as the other adjacent neighbor here, and that he is more than sensitive to any concerns this Board has. I will convey them to Mr. Newman, thank you. TRUSTEE SMITH: Do~s anyone have any other comments on t~is application: Do any of the Trustees have any other comments? (No comments) Then I will close this hearing in the matter of John J. Ne%~man. Hearing Closed at 8:26 P,.M. Transcribed by C~ler~ Ilene Pfif~'~rling 3anuary 13, 1986 Mr. 3ohn 3. Newman Sailors Needle Roasd Hattituck, New York 11952 Dear 3ack, After reviewLng the information that you sent me concernzng the raising of the garage and the addzng of the two bedrooms plus a bath, as well as your proposed extension to the back of the main house, please be advised that I have no objection to these improvements. You should feel free to use this letter in connec- tion with your appel to the town. Sincerely, -i- '- ~k -. i Mr. Henry P. Smith, President Board of Trustees, Town of Southold Town Hall Southold, New York 11971 Sailor's Needle Road Salt Lake Village Mattituck, N.Y. 11952 January 8, 1986 Subject: Wetlands Application 9335 scheduled for 1/23/86 hearir Wetlands permit issued for Application 9237, and othe~ recent construction on waterfront property of John J. Newman, Sailor's Needle Road and James Creek, Salt La~ Village, Mattituck, NY Dear Sir: As abutters to subject property and the family most affected, we should like to offer for your consideration our concerns regarding construction proposals outlined in application #335. We should also like to comment on application ~237, and to bring to your attention other recent waterfront construction on the subject property because it is important that #335 be considered in relationship to the total alterations that have occurred since 1984 when Mr. Newman purchased the property. For orientation purposes, we enclose an updated survey map with pertinent notations. We should like to note also that the land of both Mr. Newman and our own abutting property is composed of sand and topsoil placed on top of bog in the 1930's prior to construction of homes. The property is surrounded on 3 sides by creek and wetlands and is very fragile. The Newman property has been partially under water during times of flooding~ i.e., 1976 Hurricane Belle and 1983 Storm Nelsons The following addresses our concerns RE: WETLANDS APPLICATION ~335 We are concerned that: 1. The project (construction of a 2nd story living quarters on top of 4 car garage to be placed on 12 pilings and situated on creek edge) could have a potentially large impact on groundwater quali Sailor's Need~~ - 2 - 2. The project will cause objectionable ground vibration and shaking of abutting homes and could lead to cracked foundations. 3. The project could have an impact on both the public health and safety of ourselves and other Salt Lake Village residents due to excessive water pumping and additional sewage resulting from proposed facilities added to an already overloaded parcel of property of less than one acre. The current cesspools service the main house facilities, lighthouse bathroom and kitchen, cabana/guest house facilities, plus washing machine and other shower, etc. facilities in existing garage. How much waste disposal and water pumpage can this property handle without contaminating drinking water of nearby wells and polluting creek waters? RE: PERMIT FOR APPLICATION #237 AND OTHER 1984-85 CONSTRUCTION We were not given the opportunity to comment previously and feel it is important for you to know that, during the past year, the following construction occurred on the J.J. Newman property: Under ~237 - 1. Bulkheading and new bridge to guest quarters in lighthouse and removal of original land connection. 2. Docks, bulkheading, pilings, rip-rap - extensive. Under ?? 3. In-ground swimming pool 4. Cabana/guesthouse on creek edge adjacent to pool 5. Extensive decking and fencing 6. Installation of in-ground sprinkler system (Abutter to north - P. Fahey - also installed same) 7. Bulldozing of lawn areas and construction of berms; removal of trees, etc. 8. Installation of new cesspools and tanks and well. Ail of the above resulted in: 1. Periodic violent vibrations 2. Run-off into James Creek Future results could occur including: 1. and shaking of our house. Salt water intrusion from over pumping of two new sprinkler systems plus swimming pool and added showers and sanitary facili Pollution of creek and groundwater from overload of cesspools. Sailor's Needle - 3 - At this point, we question the wisdom of the Town of Southold in permitting both Mr. Newman and Mr. Fahey to install sprinkler systems (known to be hazardous to drinking water a very precious commodity to shoreside homes) on such fragile land and water table and within 20 feet of wells of Fahey, Newman and Marriner. We also do not understand how and why cesspools have been permitted to be installed within 100 feet of wells. We conclude our concerns with the following questions regarding the project in Application ~335: 1. How can the 12 pilings be installed without violently shaking and possibly cracking the abutting poured concrete foundation of our permanent home? 2. How will the sinking of these pilings not have the same effect as dredging too close to our fresh water table? 3. What guarantee do we have that salt water will not intrude into our drinking water well which is only 90 feet from ~ewnlan garage2 4. While we recognize that Mr. Newman's garage needs repair due to termite damage further compounded by the recent heavy constructior why can't the garage be repaired by using treated lumber and reseating on a minimal one-story structure foundation? Please note that the pilings are only necessary for the proposed 2nd story to add more living space on an already h~avily built upon piece oflproperty, Thank you for permitting us to corament. Please consider all of our concerns in making your decision. Very truly yours, Philip/R. Marriner Jeanne P. Marriner EnC. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 February 11, 1986 TELEPHONE (516) 765-1892 Mr. Frank Kujawski P. O. Box 727 Mattituck, New York 11952 Re: John J. Newman Wetland Application No. 335 Dear Mr. Kujawski: Pursuant to your request please find attached copy of the testimony taken during the Public Hearing on the above- referenced. Also attached is the correspondence from Mr. Fahey. If you have any questions, or need additional information, please do not hesitate calling this office at the telephone number above. I w~ll advise you of the action taken by'~he Board regarding this application after the meeting on February 27, 1986. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling Clerk to Trustees HPS:ip Attachments cc: Trustees Zoning Board of Appeals~/ Building Dept. file BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, $3095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1692 February 11, 1986 Mr. John J. Newman 147 Whitehall Blvd. Garden City, New York 11952 Re: Wetland Application No. 335 Sailors Needle Road, Mattituck Dear Mr. Newman: Please be advised that the following action was taken by the Board of Trustees at a regular meeting held on January 23, 1986: RESOLVED that the Application of John J. Newman be and hereby is TABLED for one month. Please be a~dVised that the Trustees would like to see an alternative way of supporting the garage. Very truly yours, Henry p. Smith, President Board of Town Trustees Ilene Pfifferl~n~ ~ ~ Clerk to Trustees HPS:ip cc: Trustees Frank Kujawski File BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT TELEPHONE (516) 765-1892 December 26, 1985 APPLICATION NO: 335 NAM~E: John J. Ne'.,~an This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Twon Trustees, as lead agency for the action described below has determined that the project will not have a significant effect to the environment. TYPE OF ACTION: Unlisted DESCRIPTION OF ACTION: To place pilings, to be driven landside, not in the creek or on wetland. Existing garage is sinking and must be placed on pilings. Addition of second floor. LOCATION OF PROJECT: Sailors Needle Road, Mattituck, New York; Town of Southold, County of Suffolk and Suffolk County Tax Map No. 1000 Section 144 Block 5 Lot 29.1. REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment in the short form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. The Conservation Advisory Council has recommended approval and indicated that there would be no adverse effect to the environment should the project be implemented as planned. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 November 25, 1985 Mr. Charles T. Hamilton Alternate Regional Permit Administrator N.Y.S. Dept. of Environmental Conservation Building 40, SUNY - Room 219 Stony Brook, New York 11794 Dear Mr. Hamilton: Transmitted herewith is wetland application no. 335 submitted by Mr. John J. Newman to place spiles under an existing garage, copy of application is attached for your review. We would like to coordinate with you in our role as lead agency regarding this application. May we have your comments on same by December 16, 1985. very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferli~g ~/' Secretary to Board HPS:ip cc: Commissioner Williams Southold Town Building Dept. Aram Terchunian, N/Y.S. Coastal Management Program Board of Appeals~/ BOARD OF TOWN TRUSTEES TOWN OF SOIYI'HOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (,516) 765-1892 APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES OF THE TOWN OF APPL,CAT,ON ____DATE oF APPL'CAT'O" IDENTITY OF APPLICANT JOHN J. NE[~ (516) 354-910C PHONE NO ADDRESS OF APPLICANT SAILORS NEEDLE ROAD MATTITUCK, NEW YORK 11952 County TAX MAP NO. 1000 Section 144 BLK 5 Lot 29.1 x 30 AGENT NONE PHONE NO. APPLICANT LOCATION OF PROPERTY FOR IHICH PERMIT WANTED MATTITICK, NEW YORK 11952 SAILORS NEEDLE ROAD 147 WHITEHALL BLVD. GARDEN CITY, NEW YORK 11530 CREEK, BAY OR HARBOR FRONTING SIZE OF PROPOSED WORK LENGTH 307 PROPERTY 12 PILING JAMES CREEK WIDTH HEIGHT ABOVE HIGH WATER DEPTH BELOW LOW WATER YARDS TO BE EXCAVATED NONE YARDS TO BE FRILLED NONE WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY DEPTH AT LOW TIDE 21 to 47 100' AVERAGE RISE IN TIDE 2' tO 4! DISTANCE TO THE NEAREST CHANNEL 150 FT. DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS Not applic~l.e IS THIS FOR PRIVATE OR BUSINESS USE? .... PRIVATE AREA ZONING MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED NONE INTENDED USE OF PROPERTY PRIVATE RESIDENCE DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE EXTENSIVE WORK JUST COMPLETED DOCK, BULKHEAD, DREDGE AND WHETHER ANY PRIOR LICENSE OR PERMITS HAVE BEEN ISSUED TO ERRECT STRUCTURES OR TO DREDGE OR DEPOSlT FILL ON SAID PREMISES AND WHETHER ANY PERMITS OR LICENSES WERE EVER SUSPENDED OR REVOKED BY A GOVERNMENTAL PERMITS WERE ISSUED - NONE SUSPENDED DESCRIBE FULLY THE REHABILITATION AND PROPOSED CONDITION OF THE PREMISES AFTER THE WORK IS COMPLETED INCLUDE AN ADDITIONAL SURVEY OF THE PROJECT SITE IF NECESSARY PILING TO BE DRIVEN LANDSIDE, NOT IN CREEK OR ON WETLAND. EXISTING GARAGE IS SINKING AND MUST BE PLACED ON PILINGS. SECOND FLOOR TO BE ADDED. __G_A~__G_E_T0_~A~_P_R_E~EN_T_ LOCATION 'WRITTEN CONSENT OF THE OWNER OF THE PROPERTY, IF NOT THE SAME AS THE APPL I CANT. ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED THAT WOULD PROHIBIT THIS PROJECT? NONE BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SHORT ENVIRONMENTAL ASSESSMENT FORM Project Information (To be completed by Applicant or Pro~ect sponsor) 1. ^ppiicantJspon~ I 2. Project Name JOHN J. NEWMAN 3, Project location: . Municipality MATTITUCK Co..tv SUFFOLK [] New [] Expansi~. [] Modiflcation/alteration S. Describe proiect.briefly: DRIVE PILINGS TO SHOVE UP EXISTING GARAGE. SECOND FLOOR TO BE ADDED. GARAGE TO REMAIN AT PRESENT LOCATION. SEE SURVEY 2 [] Yes [] No II No, desc,ibe brie/Iv ~] .esidential [] Indus,,ial [] Commercial [] Agriculture [] Parkland/open space [] Othe' [] Yes [] No If yes. list &gency(s) and permit~approvals Dept. of Environmental Conservation U.S. Army Corps of Engineers [] Yes [] NO Not applicable PART I1 Environmental Assessment (To be completed by Agency) PART III Determination of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e, urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the in~:ormation and analysis above and any supporting documentation. that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and on attachments as necessary, the reasons supportng this determination: COUNTY OF SUFFOLK STATE OF NEW YORK ) )ss: BEING DULY SWORN DEPOSES SWORN TO BEFORE ME THIS APPROVED "IETLANDB" PERMIT (CHAPT£R 97) APPROVED "BOAT,DOCKS, WHARVES" P~RMIT (CHAPTER 3Z) EXAMINING BODY SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Approved 2/27/85 .q II,C?o o .,7 $- So PUBLIC HEARING IN THE MATTER OF JOHN J, NEWMAN JANUARY 23, 1986 8:14 P,M, PRESENT WERE: Trustee President Henry P. Smith Trustee John Bredemeyer Trustee Ellen Larsen Trustee Phillip Goubeaud Clerk Ilene Pfifferling Bay Constable Kent McCarthy Frank Kujawski Jeanne P. Marriner Martin Garrell, CAC PUBLIC HEARING IN THE MATTER OF JOHN J. NEWMAN 8:14 P.M. NOTICE IS HEREBY GIVEN THAT PUBLIC HEARING WILL BE HELD BY THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, AT THE SOUTHOLD TO~fN HALL, MAIN ROAD, SOUTHOLD, NEW YORK ON THURSDAY, JANUARY 23, 1986 ON THE FOLLOWING APPLICATION FOR PERMITS UNDER THE PROVISION OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD; IN THE MATTER OF JOHN J. NEWMAN TO DRIVE 12 PILINGS LANDSIDE TO SECURE EXISTING GARAGE. PROPERTY IS LOCATED ON SAILORS NEEDLE ROAD, MATTITUCK, NEW YORK. TRUSTEE SMITH: That was the official reading of the notice for Mr. John J. Newman. Does anyone have anything to say pro or con to this application? Please come up and state your name. MRS. JEANNE P. MARRINER: I live next to Mr. Newman. I would like this opportunity to reiterate some of our concerns we expressed in our letter to you. In the letter we called attention to not only our concerns regarding the proposed piling project, but we also asked that you review the application in relation to the other recently completed construction and alteration on the NeWman property. Our permanent residence abuts the Newman property and we have been affected by bulkhead construction during 1984 and 1985 and we fear future cumulative affects and we are gravely concerned about the proposal to construct second story living quarters on top of the existing garage by placing the garage on twelve pilings. Our reasons for our concerns are as follows: The garage is right at the waters edge and we fear the project will have a potentially large impact on groundwater quality from salt water intrusion. As our well is about 90' from the Newman garage. The project we know, will cause objectionable ground vibration because we have experienced this when the bulkheading was done during the 1984 and 1985 construction. The composition of the land that our houses are on, sand and topsoil placed on bog is very fragile. The land is surrounded on three sides by James Creek. We fear undermineing of the lateral support could lead to the cracking of our concrete foundations. The project could have an impact on both the public health and safety of ourselves and other Salt Lake Village residents and on James Creek due to excessive water pumping and additional sewage resulting from proposed facilities added to an already overloaded parcel of property of less than one acre. We are concerned with the overload even without the new proposal because of the proximity of the Newman cesspool to the creek and to his and our wells. The cesspool was placed closer to our wells and the swimming pool took the place of the original cesspool. Public Hearing In the Matter of John J. Newman Page 2. The system already services the following: The main house facilities which is all on one acre, the Lighthouse, guest bathroom and kitchen facilities, and the Lighthouse is surrounded by water. The Cabana/ guesthouse facilities situated on the waters edge next to the pool. The washing machine, shower and other facilities located in the existing garage which is also situated on the waters edge. As we mentioned in our letter, we are extremely concerned about short water supply and saltwater intrusion resulting from excessive water pumping of the newly installed inground sprinkler system of both Mr. New~an and his abutter to the North, Mr. Fahey. We ask that you consider how much water and waste disposal this property could handle without contaminating our wells and the creek. We ask that you please consider the total situation when you are deliberating on application number 335. While we recognize that Mr. Newman's garage needs repair due to termite damage, further compounded by the recent construction which made it slip off of its' foundation, we do not understand the request for twelve pilings to repair the garage. The pilings are only a means for Mr. Newman to accommodate a second story to add additional living space. Tonight I am speaking primarily to application no. 335, as it is my understanding that Mr. Ne%~man withdrew his request for bulkheading in application no. 330. and will replace the spartina he removed last Fall from his property directly abutting ours on James Creek. If there is any change to application 330, we request the opportunity to comment because the safety of our wetlands and property could be affected. Because we are deeply concerned about what could happen, to our home if the project described in No. 335 is permitted we ask you to please look at the entire picture before making your decision. We realize that with current mandates, may not include responsibility for some of our concerns, we hope you will never the less recognize that there could be a potentially serious problem if further expansion is permitted on thislsensitive creek front. Thank you for letting me comment. TRUSTEE SMITH: Does anyone else have anything to say? ~RTIN GARRELL: Question for you Henry? What is the sequence of determination on that? Who gives approval on the second story building? Is it the ZBA? Or is it Planning? TRUSTEE SMITH: That would be the Zoning Board. ~ARTIN GARRELL: That was our hopes that somehow we would get a decision on that before we would have to decide on the pilings. TRUSTEE SMITH: was to put the into the creek. It was my understanding that our part of this matter pilings in to stop the garage from sinking or slipping As far as putting a second story on, where he is Public Hearing In the Matter of John J. Newman Page 3. within 75' of High water. H~ would have to come back to us for an application to do that. As far as the cesspools and ground- water and things like that, it is out of our jurisdiction. MARTIN GARRELL: The thing of it is, sooner or later we are going to get clobbered with one of thise things. If we do not look at the whole picture. TRUSTEE SMITH: I agree, but right now the mans.problem is that the garage is at a tilt. TRUSTEE BREDEMEYER: I reviewed a letter that was sent to us by the Marriners. The swimming pool and that particular item, I believe started prior to the April 1st date of the Wetland Ordinance, because we were out on this last fall. Apparently that change went beyond our jurisdiction. The discussion on the inground sprindler system has got to make you wonder an awful lot. That is such a fragile area to be drawing on water resources and there has been probably no comment from any other agency at all on that installation. It is one that deserves discussion here as a principal. In ground sprinkler systems can draw a tremendous amount of water to put it on such a fragile location as that, it deserves mention. TRUSTEE SMITH: Now well drillers are required by law before they put a well in, as such, they have to get a permit from New York State and the use of the well has to be so stated. I think they should be looking more closely where these wells will be going and what use it is going to be used for. If you get dry years, you get salt water intrusion. A few years ago, the people on Nassau Point has salt water intrusion. They had to move their wells back close to the road. It went back after the rains came back, b~t it was due to lawn irrigation. FRANK KUJAWSKI: I have agreed to represent Mr. Newman. I have a letter I will give to the Clerk shortly. The reason I have agreed to represent him is, in the past couple of years in dealing with him, I think the way he has conducted construction on that property has been in a sensitive manner. A couple of compromises he has made with this Board and the withdrawal of applications in the past. Before I agreed to represent him, I have also talked to several people in the construction business. It is their opinion that this was rot, which was the basic part of the problem here. I ack~6wledge there is concern here, on saltwater intrusion, but I am looking back at my own personal experience in this area. The greatest danger occured during the excavation or removal of hydrostatic pressure. I would of thought that for instance, during the pool construction period or any of the bulkheading, where it would be going on, that would have been the time to see any evidence. In the driving of pilings, the pressure is maintained even though the interface between fresh and salt may be provoked Public Hearing In the Matter of John J. Newman Page 4. or actually interspersed, the pressures still remain. You are not removing earth. I personally can't see any other way to save the garage other than the pilings. As far as the other couple of things, I did: 1. To note, and I think Mrs. Marriner correctly noted, discharges of waste prior in this garage as it is presently constructed right now. There has been an improvement already, because on buying this property that discharge of waste was a direct discharge into the creek. I think we all know what that means, since then this has been hooked up to the cesspool system. There is a gain right there. 2. The other point I w~uld like to mention is that Mr. Newman has a very large family. He is not going to rent this out or increase the population of this piece of property. The personal wastes that are generated, and the amount of water used by the population is not going to be increased. In other words, the amount of water pumped there and the waste generated right now would be the same whether or not the Zoning Soard of Appeals choose to allow him to make living quarters in the garage. Is this Board in receipt of a letter from Mr. Ne%~mans other adjacent neighbor? If not, I have a copy of a letter from Mr. Fahey which I would like to read. "Dear Jack, After reviewing the information that you sent me concerning the raising of the garage and the adding of the two bedrooms plus a bath, as well as your proposed extension to the back of the main house, please be advised that I have no objection to these improvements. You should feel free to use this letter in connection with your appeal to the Town. Sincerely, Philip Fahey, Dated January 13, 1986". I think that should be part of the record that as the other adjacent neighbor here, and that he is more than sensitive to any concerns this Board has. I will convey them to Mr. Newman, thank you. TRUSTEE SMITH: Do~s anyone have any other comments on this application: Do any of the Trustees have any other comments? (No comments) Then I will close this hearing in the matter of John J. Newman. Hearing Closed at 8:26 P~.M. Transcribed y ClerR Ilene Pfiff~rling A,, KINNON SECUBT,B INC. 3anuary 13, 1986 Mr. 3ohn 3. Newman Sailors Needle Roasd Mattituck, New York 11952 Dear Jack, After reviewing the infiormatlon that you sent me concerning the raLszng of the garage and the adding of the two bedrooms plus a bath, as well as your proposed extenszon to the back of the main house, please be advtsed that I have no objection to these improvements. You shoutd feet free to use this letter tn connec- tion with your appel to the town. Sincerely, Mr. Henry P. Smith, President Board of Trustees, Town of Southold Town Hall Southold, New York 11971 Sailor's Needle Road Salt Lake Village Mattituck, N.Y. 11952 January 8, 1986 Subject: Wetlands Application #335 scheduled for 1/23/86 heari~ Wetlands permit issued for Application 9237, and othe2 recent construction on waterfront property of John J. Newman, Sailor's Needle Road and James Creek, Salt La3 Village, Mattituck, NY Dear Sir: As abutters to subject property and the family most affected, we should like to offer for your consideration our concerns regarding construction proposals outlined in application #335. We should also like to comment on application ~237, and to bring to your attention other recent waterfront construction on the subject property because it is important that #335 be considered in relationship to the total alterations that have occurred since 1984 when Mr. Newman purchased the property. For orientation purposes, we enclose an updated survey map with pertinent notations. We should like to note also that the land of both Mr. Newman and our own abutting property is composed of sand and topsoil placed on top of bog in the 1930's prior to construction of homes. The property is surrounded on 3 sides by creek and wetlands and is very fragile. The Newman property has been partially under water during times of flooding~ i.e., 1976 Hurricane Belle and 1983 Storm Nelson. The following addresses our concerns : RE: WETLANDS APPLICATION #335 We are concerned that: 1. The project (construction of a 2nd story living quarters on top of 4 car garage to be placed on 12 pilings and situated on creek edge) could have a potentially large impact on groundwater quali Sailor's Nee - 2 - k_ 2. The project will cause objectionable ground vibration and shaking of abutting homes and could lead to cracked foundations. 3. The project could have an impact on both the public health and · safety of ourselves and other Salt Lake Village residents due to excessive water pumping and additional sewage resulting from proposed facilities added to an already overloaded parcel of property of less than one acre. The current cesspools service the main house facilities, lighthouse bathroom and kitchen, cabana/guest house facilities, plus washing machine and other shower, etc. facilities in existing garage. How much waste disposal and water pumpage can this property handle without contaminating drinking water of nearby wells and polluting creek waters? RE: PERMIT FOR APPLICATION #237 AND OTHER 1984-85 CONSTRUCTION We were not given the opportunity to comment previously and feel it is important for you to know that, during the past year, the following construction occurred on the J.J. Newman property: Under %237 - 1. Bulkheading and new bridge to guest quarters in lighthouse and removal of original land connection. 2. Docks, bulkheading, pilings, rip-rap - extensive. Under ?? 3. In-ground swinuning pool 4. Cabana/guesthouse on creek edge adjacent to pool 5. Extensive decking and fencing 6. Installation of in-ground sprinkler system (Abutter to north - P. Fahey - also installed same) 7. Bulldozing of lawn areas and construction of berms; removal of trees, etc. 8. Installation of new cesspools and tanks and well. Ail of the above resulted in: 1. Periodic violent vibrations and shaking of our house. 2. Run-off into James Creek Future results could occur including: 1. Salt water intrusion from over pumping of two new sprinkler systems plus swimming pool and added showers and sanitary facili 2. Pollution of creek and groundwater from overload of cesspools. Sailor's Needle - 3 - At this point, we question the wisdom of the Town of Southold in permitting both Mr. Newman an~ Mr. Fahey to install sprinkler systems (known to be hazardous to drinking water - a very precious commodity to shoreside homes) on such fragile land and water table and within 20 feet of wells of Fahey, Newman and Marriner. We also do not understand how and why cesspools have been permitted to be installed within 100 feet of wells. We conclude our concerns with the following questions regarding the project in Application ~335: 1. How can the 12 pilings be installed without violently shaking and possibly cracking the abutting poured concrete foundation of our permanent home? 2. How will the sinking of these pilings not have the same effect as dredging too close to our fresh water table? 3. What guarantee do we have that salt water will not intrude into our drinking water well which is only 90 feet from ~ewman garage~ 4. While we recognize that Mr. Newman's garage needs repair due to termite damage further compounded by the recent heavy constructioi why can't the garage be repaired by using treated lumber and reseating on a minimal one-story structure foundation? Please note that the pilings are only necessary for the proposed 2nd story to add more living space on an already heavily built upon piece oflproperty. Thank you for permitting us to comment. our concerns in making your decision. Please consider all of Very truly yours, Philip/R. Marriner · -~ .:~ '7', . ._.:~--'~,.,~ ,. ~L ~. ~. ~ L-" Jeanne P. Marriner ,C BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 February 11, 1986 TELEPHONE (516) 765-1892 Mr. Frank Kujawski P. O. Box 727 Mattituck, New York 11952 Re: John J. Newman Wetland Application No. 335 Dear Mr. Kujawski: Pursuant to your request please find attached copy of the testimony taken during the Public Hearing on the above- referenced. Also attached is the correspondence from Mr. Fahey. If you have any questions, or need additional information, please do not hesitate calling this office at the telephone number above. I Will advise you of the action taken by'~he Board regarding th~s application after the meeting on February 27, 1986. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling Clerk to Trustees HPS:ip Attachments cc: Trustees Zoning Board of Appeals/ Building Dept. file BOARD OF TO~N TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE {516) 765-1892 February 11, 1986 Mr. John J. Newman 147 Whitehall Blvd. Garden City, New York 11952 Re: Wetland Application No. 335 Sailors Needle Road, Mattituck Dear Mr. Newman: Please be advised that the following action was taken by the Board of Trustees at a regular meeting held on January 23, 1986: RESOLVED that the Application of John J. Newman be and hereby is TABLED for one month. Please be a!dvised that the Trustees would an alternative way of supporting the garage. like to see Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferl&in~ v Clerk to Trustees HPS:ip cc: Trustees Frank Kujawski File SECUBTIES INC. 3anuary 13, 1986 Mr. John 3. Newman Sailors Needle Roasd Mattituck, New York 11952 Dea~ 3ack, After reviewing [he tnformatzon [ha~ you sent me concernzng the razsing of the garage and [he addzng of the two bedrooms plus a bath, as welt as your proposed extenston to the back of the main house, please be advised [ha[ I have no objection [o these improvements. You should feet free bo use this letter in connec- tion with your appel [o [he town. Sincere[y, Sa~r's Needle Road Salt Lake Village Mattituck, New York 11952 January 8, 1986 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Town Hall Southold, New York 11971 Subject: Property of John J. Newman, Sailor's Needle Rd., Salt Lake Village, Mattituck, County Map 144 Two appeals for variances described in notice to adjacent property owner as pertaining to: Article III, Section 100-119.2B and Section 100-30C and requesting waivers to permit construction to rear of main house plus addition of 2nd story for living quarters to existing 4 car garage located at waters'edge of James Creek. Dear Sir: As owners of the property adjacent to subject property, we are concerned that you may not have all the details necessary to consider Mr. J.J. Newman's petitions for variances. We, therefore, enclose for your information an updated survey map showing all the buildings currently on Mr. Newman's property and the correct boundary lines of the property he purchased in 1984 from Hilda Griffiths. On the enclosed map you will note that, in addition to house, the 2-story lighthouse guest quarters, and the 4-car the following was completed during 1984-85: the main garage, 1. in -ground swimming pool and decks 2. cabana/guesthouse 3. extensive bulkheading, walkways, etc. Also, please note that Lot #12 of Salt Lake Village was purchased by Marriner and Griffith in 1973 and divided. Mr. Newman owns %, not the entire lot as indicated on the survey map he filed with your office. We are concerned that future additions to the Newman property could result in severe hardship to ourselves and other Salt Lake Village residents because of the following: 1. Mr. Newman's and our property is very fragile composed of sand and topsoil placed on top of bog in the 1930's prior to con- struction of our houses. The property is surrounded on 3 sides by salt water. During the 1984-85 construction on the Newman property, our home was violently shaken on several occasions. We fear that - 2 - the installation of 12 pilings necessary to construct a 2nd story addition to the existing garage could cause severe vibrations resulting in damage to our poured concrete foundation. 2. The addition of more waste disposal with the addition of new facilities in the garage could generate a health hazard as the property appears to be overloaded at this time. When the swimming pool was added, the cesspool was moved closer to our drinking water wells. Our well is 90 feet from the Newman garage and could already be in jeopardy, We have written to the Board of Trustees to express our concerns regarding salt water intrusion in our water table from the pilings construction. We have also expressed the other concerns indicated in this letter. We ask that you carefully consider all the ramifications of issuing variances on property such as Mr. Newman's. While we surely do not want to cause Mr. Newman undue hardship in maintaining his vacation home, we also do not want our permanent home harmed and our drinking water contaminated. We recognize that Mr. Newman's garage needs repair due to termite damage further compounded by the recent heavy construction, but we believe this can be remedied by replacing the rotting timbers with treated lumber and reseating the garage on a minimal 1-story structure foundation. We did not have the opportunity to comment on guesthouse and swi~aming pool construction as we were never notified of' any variances being sought. We thank you for permitting us to comment at this time. We hope you will seriously consider our concerns~ Very truly yours, i Philip R. Marriner Jeanne P. Marriner BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD .~ Town Hall, 53095 Main Road /~ C P.O. Box 728 Southold, New York 11971 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT TELEPHONE (516) 765-1892 December 26, 1985 APPLICATION NO: 335 NAME: John J. Ne~.~man This notice is issued pursuant to the provisions of Article of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Twon Trustees, as lead agency for the action described below has determined that the project will not have a significant effect to the environment. TYPE OF ACTION: Unlisted DESCRIPTION OF ACTION: To place pilings, to be driven landside, not in the creek or on wetland. Existing garage is sinking and must be placed on pilings. Addition of second floor. LOCATION OF PROJECT: Sailors Needle Road, Mattituck, New York; Town of Southold, County of Suffolk and Suffolk County Tax Map No. 1000 Section 144 Block 5 Lot 29.1. REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment in the short form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. The Conservation Advisory Council has recommended approval and indicated that there would be no adverse effect to the environment should the project be implemented as planned. Page 2. Copies to the Following: Charles T. Hamilton, D.E.C. Stony Brook Commissioner Henry G. Williams Aram Terchunian, Coastal Management Program Stephen Mars, Corps of Engineers, N. Y. Dist. Conservation Advisory Council Town Clerk's Bulletin Board Mr. John Newman Trustees file Building Dept. Board of Appeals~'/ APPEALS BOARD MEMBERS GERARD P. O0EHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR, ROBERT J. DOUGLASS JOSEPH H. SAWlCHi Southold Town Board of Appeals MAIN RE)AD- BTATE ROAD 2S BnUTHI3LI:), L.I., N.Y. 11c)71 TELEPHONE (516) 765-1809 December ll, 1985 Mr. John J. Newman 147 Whitehall Boulevard Garden City, NY 11530 Re: Appeal No. 3441 and 3442 Variances for Addition to Dwelling and Conversion of Accessory Garage Structure Dear Mr. Newman: After reviewing your recent applications for variances we request that the following additional information be furnished prior to field inspections and scheduling this matter for public hearings: (1) Four copies of an up-to-date su'rvey certifying: (a) the location and setbacks from all property lines of the existing garage and any proposed addition thereto; (b) the location and setbacks from all property lines of the proposed addition to dwelling; (c) all other buildings and structures, including new and existing bulkheads, as exist today; (d) elevation of foundation floor above mean sea level of the addition to dwelling and the garage construction; (e) the present uses of all existing buildings and changes of uses of the proposals; (f) all property lines, total lot size and percentage of lot coverage by existing and proposed construction [maximum permitted by zoning code is 20%]. Page 2 December ll, 1985 To: Mr. John J. Newman Re: Appeal Nos. 3441 and 3442 (2) Copies of N.Y.S. Department of Environmental Conservation permits for any and all recent construction and bulkheadin§. Please do not hesitate to call if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk cc: Building Department 925 HEMPSTEAD TURNPIKE FRANKLIN SQUARE, NY 11010 (516) 354-9100 (Nassau) (516) 654-3610 (Suffolk) (718) 895-2228 (New York City) (914) 358-9088 (Westchester) -- INSURANCE SERVICES -- GROUP INSURANCE LIFE - HEALTH - DISABILITY INDIVIDUAL (Personal & Business) LiFE- AUTO - FIRE - HOMEOWNERS LIABILITY - THEFT -MARtNE HEALTH - ACCIDENT John J. Newman, President December 3, 1985 Ms. Linda Kowalski BOARD OF APPEALS TOWN OF SOUTHOLD Main Road Southold, NY 11971 Dear Ms. Kowalski: Enclosed are two Zoning Board of Appeal applications for my property at Sailors Needle Road in Mattituck. I would appreciate the opportunity to discuss with you, the possible dates that the Appeals Board will visit the property and hold the public meeting. I certainly want to be there on both dates. JJN/mac FORM NO. 4 TOWN OF soUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y- Certilicate O| Occupancy October 24 .......... 19.8.5. Date ....................... No. z 3 .5.9 ........... ....... swimm±n~ pool ............... THIS CERTIFIES that the building ........... MaLL±Luck Sailors Needle Rd. · ........... 430 ...................... ~}r'e~ t' ........... 29.] & 30 5 .Lot ................ Location of Property ~s~'~o'. ' 1 4 4 Block .............. County Tax Map No. 1000 Section ........... X . .Filed Map No. · - .X ..... Lot No ............. Subdivision ............... conforms substantially to the Application for Building Perrait heretofore fried in this office dated 13544Z AuCUs t 1 1984 pursuant to which Building permit bio ...................... ..................... ' ' ' , was issued, and conforms to all of the requirements November 16 ....... 19~.4.. dated ..................... The occupancy for which this certificate is issued is ......... of the applicable provisions of the law. swimming pool ...................... inground '' ' JOHN J. & LILLIAN C. NEWMAN ... The certificate is issued to ..................... of the aforesaid building. N / A ................. Suffolk County Department of Health Approval ......................... NY~ ~897 ................. UNDER\VRITERS cERTIFICATE NO .............. .......... Building Inspector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No ..... Z. ! .3.9.6.0. ...... Date ......... .O.c.~.o..b ?f..2.4. ............198.5. , THIS CERTIFIES that the building ........ .a.d.d. $ ?.~.o.n...&..a.c..c .e?.s.o..v .y.. ............... Location of Property 430 Sail'ors Needle Rd. Mattituck County Tax Map No. 1000 Section ...~. 4. .q ...... Block ......... 5. .....Lot ..... .2.9...1...&..3.0.. Subdivision .......... X. .................... Filed Map No...X. ..... Lot No ....... X. ...... conforms substantially to the Application for Building Permit heretofore filed in this office dated .... .O.c.t:..o.b.e.r.. ! .8 ..... , 19 84 pursuant to which Building Permit No. 13545 Z dated ....... ~. o. y .e.m.b.e..~..1.6. ........ 19 .8.~., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... Deck addition to dwelling & accessory cabana for pool area. The certificate is issued to JOHN J. & LILLIAN C. NEWMAN (owner, of the aforesaid building. Suffolk County Department of Health Approval ................. .N./.A ...................... UNDERWRITERS CERTIFICATE NO ............. .~ 7.U. 9..0.~..&...~7.U. 8. 9.9 ................. Building Inspector Rev. 1/81 TO~WN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, NEW YORK 'CERTiFICATE OF OCCUPANCY NONCONFORMING PREMISES DATE:. July 24, ~ .TPIIS IS TO CERTIFY that the Pre C.0..Z12636 I- 1 Land /x / Building(s) Use(s) located at 430 Sailor's Needle Road Street shown on County tax map as District 1000, Section Mattituck Hamlet 144 , Block 5 Lot29.1 & 30, does(not)conform to the present Building Zone Code of the Toa~n of Southold for the following reasons: Ins6fficient 'total area, 2 car accessory garage in front yard. Non-conforming second dwelling. 1984 On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /~/Land /~_/Bu'ilding(s) ~_/Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be c~ntinued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's'Office, the occupancy and use for whigh'this Certifi- cate is issued is as follows: Property situated in "A" Residential-Agric- ultural zone with access to Sailor's Needle Road' which is a nr~vate rqad, The Certificate is issued to of the aforesaid building. HILDA D. GRIFFITHS (owner, Su~£olk County Department of Health Approval F/A UNDERWRITERS CERTIFICATE NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been.conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. Building Inspector JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 4, 1985 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3441 application of John J. Newman for a variance. Also included is letter to the Board from Mr. Newman; application to and Notice of Disapproval from the Building Department; survey; Notice to Adjacent Property Owners; letter relative to N.Y.S. Tidal Wetlands Land-Use; Short Environmental Assessment Form; CO from Building Department for addition and accessory, and swimming pool: a,nd~plans. Judith T. Terry Southold Town Clerk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~.~ (/-~ // TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ......... ff. OHN..J,...NE~kN ......... [. ............ of ~l.42...Wl~t~hgll..J~Z~....Z., ....................... Name of AppeJlor~t Street and Number .................... .G...a..r..d.,e.~....C..i...t.~z.~....N...-...Y........l..l...5,.3..0. ............................................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING IN~PECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ............[.~/..]:.5.,,/.8..5. ........................ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of 147 Whitehall Blvd~ Garden Citer N.Y.. 11530 Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Construct 2nd floor living area to detached garage 1. LOCATION OF THE PROPERTY .4..3...0.....S..e:~.~,o..~.'..~s...N...e..e...d.~..e...~..c.]: ................................................ Street Use District on Zoning Map , .1..4., .4. ............ .B...1..o..c...k., ...5..,, ,, .2..9., :., ..1.....a..., ,3., .0 ................ Current Owner Same Map No, Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Art. TT]] Sea. 100-30 C 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Doted ...................................................................... ( ) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance present zoning causes hardship Form ZBI (Continue on other side) REASON FOR Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIP becau~ we are in need of additional living and sleeping area. We have a large family who stay with us in the summer as well as on weekends as well as during other parts of the year. Existing house cannot be added to for this area because: 1- we cannot go up with bedrooms because of existing foundation problems- present house is sinking. 2-Layout will not allow first floor e~tension Of requirea space Present garage is sinking and must be shored up. When shoring up garage we would be able to construct required living area on 2nd floor. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because they do not have the problems with their foundations which I have 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because building heights will not be higher than surrounding structures. In most cases addition will not be seen by adjoining properties. COUNTY OF ) Sworn to this .................... ~.....4,f...~'... ............ day of....~...~~..~-.- .................. 19~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER P. M. Fahey 39 Canterbury Rockville Centre, N.Y. 11570 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southotd to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: sleeping and living area 2nd floor of garage. 5. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signed are Article TTT ~::~cl~_on ~00-30C [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the $outhold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765--1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: /~ Petitioner ~.~ Owners' N a m e s .¥"'~9///-3 Post Office Address /9'7 ,3 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P. M. Fahey 39 Canterbury Rockville Centre, N.Y. 11570 p 128 489 ~ ,~ECEIPT FOR cERTIFiED MAtL~' NO INSURANCE COVERAGE pROVIDED NOI FOR ~NTERNAT~ONAL MAIL (See Reverse} STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: - ---'~-~¢'~ ~,/~-'' /~'/~/JJL/Cdk¢/~ , residing at ~-~ 5/TY / ~/ / / f~ , being duly sworn, deposes and says that on the ~day of - ' ~¢~/~/ , 19 ~ , deponent mailed a true copy of the Notice set forth on the re- ver~ sid~her~of, ~ir~ted to each of the above-named persons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current ass~sment roll of the~wn of Southold; that said Notices were mailed at the United States Post Of- rice at ~ ~/~C ~ ~ '~ ~ /~ ~ ;that said Notices were mailed to e~ of said persons by (certified~ (r~gi~tered) mail. Sworn to before me this ; day of ~ ~ , 19 ~ot~ry Public DOt' ?LD T. CI_,'* ~,( (This side does not have to be completed on form transmitted to adjoining property owners.) L BOARD OF APPEALS, TOWN OF SOUTHOLD ~_.~Jn the Matter o~the Petition of to the Board of Appeals of the Town of Southold TO: Philip Marriner P.O. Box 449 Mattituck, N. Y. 11952 NOTICE TO ADJACEN~ PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold torequest a.(Variance) (Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: sleeping and living area 2nd floor of garage Addition $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section q ~n_n_30C [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southotd, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Post Office Address /¢7 # ,3 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P. Marriner RECEIPT FOR CERTIFIED MAIL ~'~ NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) P.O. Box 449 Mattituck, N. Y. 11952 STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: ~-'-'O,/'f/t~, %F,/J~(J~/'/'-"~ , residing at ~ ~ ~ /~ ~/' ~/ , being duly sworn, deposes and says that on the ~ day of ~~ , 19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse side ~ereof, directed to each of the above-named persons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curre~assmsment roll of t~ Town of Southold; that said Notices were mai~d at the United Stat~ Post Of- riceat ~/~f~~U~;thatsaidNo~~~~idpersonsby (certified) (registered) mail. Sworn to before m~ ~is ~ . day of ~ ~ ~19 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.)