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Home My WebLink About4321 JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK COD at P.O. Box 1179 _r" Southold, New York 11971 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 22, 1995: RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $300-00 to Frank Palumbo, which sum represents one-half of the filing fee for Appeal No. 4321 which was withdrawn by Mr. Palumbo after two hearings have been advertised, copies of Town records pertaining to the project retrieved from storage and copied, reviews made of written evaluations pertaining to the status of the face of the bluff and surrounding area made by Board of Appeals members, and numerous discussions and correspondence on status of right-of-way with adjoining lot owners. Judii ?T':~Terry V Southold Town Clerk August 23, 1995 Frank Palumbo 2555 Youngs Avenue #17A Southold NY 11971 2 4 r r APPEALS BOARD MEMBERS O1j ~gUFF014, Southold Town Hall Gerard P. Goehringer, Chairman c y~ 53095 Main Road Serge Doyen, Jr. COD x P.O. Box 1179 James Dinizio, Jr. O S Southold, New York 11971 Robert A. Villa y~Jj 04~t Fax (516) 765-1823 .1 A6 0' Lydia A. Tortora z ' Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM TO: Judith T. Terry, Town Clerk and Town Board _ FROM: Board of Appeals DATE: August 8, 1995 RE: Application No. 4321 - Frank Palumbo/Mary Murphy Property Request For Refund at Second Hearing Stage of Project On June 19, 1995 an appeal application was filed by a contract vendee for setback and 280-A variances; filing fee paid $600.00. The agent for the contract vendee is requesting a refund (whole or part) since the applicant has decided to abandon the application and contract of sale. Our department recommends that a 50% refund be considered for the following reasons: a) two hearings have been advertised and copies of several town records pertaining to this project have been retrieved from storage and copied for the current application record; b) reviews made of written evaluations pertaining to the status of the face of the bluff and surrounding area has been made by Board Members; c) numerous discussions and correspondence on status of ROW with adjoining lot owners - with claim of rights over Bokina easement to be further discussed. Attachment (Letter) (J/%s'T 6 ~YKJI.GC..i~ QPCATHERINE MESIANO, INC~ Licensed Real Estate Broker Real Estate Consultant August 7, 1995 BY FAX Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: Appl. # 4321 - Frank Palumbo/Mary Murphy/Suffolk County Gentlemen: On behalf of Frank Palumbo, applicant in the above referenced matter, please accept this letter as a formal request for withdrawal of the pending variance application. It should be noted that a filing fee in the amount of $600.00 was paid on June 19, 1995. I understand that a refund may be made. We respectfully request your consideration with respect to same. Your assistance has been greatly appreciated. Very trully, yours, Catherine A. Mesiano, President cc: Frank Palumbo Philip J. Cardinale, Esq. 12 Mill Pond Lane • East Moriches, New York 11940 • 516.878.8951 09/07/93 20:14 '8'519 727 1354 C. M. INC. Q 001 CATHERINE M-USIANO, INC. LICENSED REAL ESTATE BROKER 12 MILL POND LANE f \ SiT-MORICHES, NEW YORK 11940 ' i Z~sA 516-878-8951 AUG - 8 FAX CO R C rT DATE: 8n195 NUMBER OF PAGES: 2 TO: Linda Kowalski FAR 765-1823 FROM: Catherine Mesiano RE: Frank Palumbo MESSAGE: Enclosed please find a letter requesting withdrawal of the above referenced variance application. Thanks for all your help. TED; MCMBLAMON CMTADOM LA fACQM= UM OF THE MMMOIL NAI® AWVX AM 017 WB0 w.r. BAVL DF3:f W7=J ILT N, RYCLNE S R7R[YOECm •t'm CO[Omp4ILV. = R R'~[R.1lIDCMI.Y FOR UM C¢ R RYRYpIDR S l I= RAC 1 YOU ARC 111111W NO'Mm IgAT aM Y OII COPY 2106GSiMlm"IIG7fONIbSDUR,IIS 120" orr= IFYOO'RLCLIYLIl$CObftfU 7CATMInXEIMPIYatLOO®CAM'JNUMY IH[ ~YABY III ATffiA7R01~NOt®.~80yG 08/07/85 20:14 $518 727 1354 C. K. INC. X1002 CATH7+RM Kam--O, -INC. AUG - $ August T, 1995 BY FAX Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold, NY 1,1971 Re: APPL # 4321- Prank Palumbo/Mary MurphY/Suffolk Co}mty Gentlemen; On behalf of Frank Palumbo, applicant in the above referenced matter, please accept this letter as a formal requesr for withdrawal of the pending variance application. It should be noted. that a. filing fee in the amount of $600.00 was paid on June 19. 1995. I understand that a refimd may be made. we respectfully request your consideration with respect to. same- Your assistance has been greatly appreciated Very truly yours, 00'!~ Catherine -4Mesiano, President cc: Frank Palumbo Philip J. Cardinale, Esq 121111 Pond Lane . Fast Moriches, New York 11940 • 516.878.8951 APPEALS BOARD MEMBERS h~O~~$UFFO~,~-COGy Southold Town Hall Gerard P. Goehringer, Chairman o° 4 53095 Main Road Serge Doyen, Jr. ti x P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa ~j01 ~a0 Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 28, 1995 Mrs. Catherine Mesiano 12 Mill Pond Lane East Moriches, NY 11940 Re: Appl. No. 4321 - Frank Palumbo/Mary Murphy/Suffolk County Dear Mrs. Mesiano: Please find enclosed a copy of the Legal Notice as published by our office. You will note that the public hearing will be held on Wednesday night, July 12, 1995 at the Southold Town Hall. Also enclosed is a Poster which must be placed at this time either on a stake, tree, newspaper boa, or other post located at the entrance to the right-of-way near Oregon Road where it can be easily seen by passersby. It is expected that Board Members will individually visit the area and view the property yard areas. In the interim, you have indicated that your clients will be consulting with Philip Cardinale, Esq. about rights in using the right-of-way easement presently agreed to between the Bokinas and Becky Johnston. I confirmed with you today, however, that although you want to proceed with a public hearing on July 12, 1995, the Board could recess the hearing and hold the application request "open and pending" until such time as legal right-of-way is proven by the applicants - and that as yet the file does not show the exact location of the right-of-way over which the 280-A inspection and requirements are being requested. Having been involved with some of the history of the Bokina right-of-way, it is possible that Becky Johnston's easement for a right-of-way may not necessarily include an extension passing that easement to the current or future owner of the "Murphy" lot. Therefore, the is incomplete until such time as the applicants have provided our office with a right-of-way easement agreement of record. Mr. Cardinale will be appearing on July 12, 1995, I understand, to clarify the status of the claimed easement over a right-of-way- Please also be prepared to furnish the Board Members with an update on the status of the above application with the Suffolk County Department of Health Services and the Town Trustees for the location of the water well system which is shown to be very close to the top edge, of the bluff, and for the septic systems. Please also bring at least three copies of the building plans showing the number of stories and layout of the rooms of the proposed house as well as deck areas and other construction. You have indicated that 40 Pap 2 - June 28, 1995 • To: Mrs. Catherine Mesiano Re: Appeal No. 4321 - Frank and Louise_Palumbo an engineer or surveyor will also be attending. An engineer should be prepared to submit a certification pertaining to the stability of the area of the bluff with the weight of the house and other structures, and his knowledge of the history of considerable erosion during the last several years. Please complete the attached Confirmation of Posting, sign and return it to our office either by mail or hand delivery for our update and permanent file. Thank you. Very truly yours, Enclosures Linda Kowalski cc: ZBA Chairman and Members Ak4 07/05/1995 13• PANAF£X OF-600 * 4732654 P.02 a Sharon Li 9202 Bridge Lane P. O. Box 1066 Cutchogue, N.Y. 11935 Board of Appeals Town of Southold Southold Town Hall Southold, N.Y. 11971 July, 6, 1995 Dear sin, Re! Petition of Frank and Nancy Palumbo 9206 Bridge Lane, Culchogue S.C.T.M. # 1000-73-2-3.3 Lot N 3 of minor subdivision trap of Robin A. Raeburn and Mary Elisabeth Murphy It has cone to my attention that the above parcel of land has been under consideration for development by Frank and Nancy Palumbo. As a neighbor living two lots to the west ,1 feel it incumbent upon the to point out a few fads which I 'hopc will be taken into account. The bluff is extremely fragile. I bulkbeadcd two years ago alter losing considerable footage at the bottom of the bluff as a result of the northeaster with no name. Subsequently, there has been more erosion every year in the properties to my west, the Bokina right of way, and cast, the Malekan and Murphy lots. Therefore. I feel it is very important to consider strengthening of the bluff in the course of development. Furthermore. the fragility of the bluff demands extreme caution when the earth dose to the top is distrubei. I am a little perturbed by the siting of a well so close to the cliff when not only is there a sizeable overhang which is unstable but the soil there is so loose being primarily of sand. There is also the matter of the condition of the right of ways leading to the property. Where the north-south BaxtedBokina right of way meets the east-west Bokina right of way in front of my properly, there is a sharp, almost 90' degree turn closely framod by many fall trees and bushes. 11 is doubtful whelhcr any of the larger conmlmdion vehicles can pass through this narrow corner without damaging properties on either side of it ic. mine and Bokina's, not to mention the private road itself. It was my intention to attend to scheduled hearing on July 12th, but unfortunately, prior commitments will prevent my alletdam= if at all possible, I would very much tike to suggest a postponement. Thauk you for your attention. Yours Si rel , h Sharon Li TOTAL P.02 e0~7a/12/95 08:29 22519 727 1354 C.M. INC. 0001 Fax Transmittal Memo 7 _.r... _ s __...:OGkP°N0 ?r Nm Elr nwrnsw„ CATHERINE Red Eswu C .Tuns 12, 1995 BY F1~zr Town of Southold - Zoning Hoard of Appeals P_O. Boii 1179 Southold.'NY- 11971 Re:- Frank N. 8t Louise O_ Palumbo N/&ofR_O_W. north ofBridge IAnc, Cutphogue,.NY SCTM # 1000-73-2-3.3 Gentlemen:. . ..The above named applicaat respectfully requests an acJoumment of the public bearing of their variance application which had been scheduled for ton ws meeaug_ Tbank you for your continued cooperation with respect to this rnattcr. very truly yours. Catherine A Mesianq-President. cc: Mr & Mrs Frank Palumbo Philip I Cardinale, Esq. 12 MiR Pond Lane Fist Moriches New York' 11940 • 516.878.8931. Sharon Li 9202 Bridge Lane l//\ P. O. Box 1066 U( JLL 10 -09 Cutchogue, N.Y. 11935 Board of Appeals Town of Southold Southold Town Hall - - Southold, N.Y. 11971 July, 6, 1995 Dear sirs, Re: Petition of Frank and Nancy Palumbo 9206 Bridge Lane, Cutchogue S.C.T.M. # 1000-73-2-3.3 Lot # 3 of minor subdivision map of Robin A. Raeburu and Mary Elizabeth Murphy It has come to my attention that the above parcel of land has been under consideration for development by Frank and Nancy Palumbo. As a neighbor living two lots to the west , I feel it incumbent upon me to point out a few facts which I hope will be taken into account. The bluff is extremely fragile. I bulkheaded two years ago after losing considerable footage at the bottom of the bluff as a result of the northeaster with no name. Subsequently, there has been more erosion every year in the properties to my west, the Bokina right of way, and east, the Malekan and Murphy lots. Therefore, I feel it is very important to consider strengthening of the bluff in the course of development. Furthermore, the fragility of the bluff demands extreme caution when the earth close to the top is distrubed. I am a little perturbed by the siting of a well so close to the cliff when not only is there a sizeable overhang which is unstable but the soil there is so loose being primarily of sand. There is also the matter of the condition of the right of ways leading to the property. Where the north-south BaxterBokina right of way meets the east-west Bokina right of way in front of my property, there is a sharp, almost 90 ' degree turn closely framed by many tall trees and bushes. It is doubtful whether any of the larger construction vehicles can pass through this narrow corner without damaging properties on either side of it ie. mine and Bokina's, not to mention the private road itself. It was my intention to attend the scheduled hearing on July 12th, but unfortunately, prior commitments will prevent my attendance. If at all possible, l would very much like to suggest a postponement. Thank you for your attention. Yours sincerel , Sharon Li 07/05/1995 13:41 PRNRF£X UF-600 4732654 P.01 MIL`S ~ sMrss~~,N ~O ~ ~c ti~A ~~ALS Ic ~OA-kQ v r ~f.A S SooT(40L.D S I L~ 7b 18'23 S6A%<-p N L( 1 LOA : LAS, T~ T-tuKP ~~aP~2Ty 'L- - 7 r Q COUNTY OF SUFFOLK AD yDyz, ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE Thomas J. McMahon SOIL AND WATER ¦N*XMg3{ Y4(59M CONSERVATION DISTRICT _ DISTRICT MANAGER J, F5 Mr. Gerard P. Goehringer, Chairman Town of Southold, Board of Appeals July 5, 1995 Dear Mr. Goehringer: I have inspected the site in Cutchogue known as the Palumbo property, on July 5, 1995, as you have requested. Inspection of the lot above the bluff top is virtually impossible. It was heavily overgrown with vines, weeds, shrubs, trees and many thorny vines. The only two areas where you could walk into were cleared by the surveyors to stake out the house corners. Topography was impossible to judge from this viewpoint. I met the neighbor to the east, Ms. Becky Johnston who allowed me to use her stairwell to see the bluff face from below. She expressed concern due to the active erosion beginning to erode around her bluff's bulkhead. The bluff face on the Palumbo lot is actively eroding and nearly devoid of vegetation, except which has sloughed off from above. There is no toe sta- bilization present on this lot or for several lots to the west. Ms. Johnston's lot is suitably protected by wooden bulkheading and is properly vegetated. There is a vertical lip on this lot which is approximately twenty feet high. The top edge is now eroded several feet back from Ms. Johnston's bluff top edge. Also, the toe of the bluff face is several feet back from Ms. Johnston's bulkhead. The normal high tide line appeared to be about forty feet from the bluff toe. Some trees are at the bluff's edge. The erosion from this lot has begun to cut away the corner of Ms. Johnston's lot, working its way around the wing wall of the bulkhead. Bulkheading is recommended to stabilize the toe of the bluff. It should be tied into Ms. Johnston's bulkhead to the east and tied back into the slope with a wing wall to the west. For a Professional recommendation on toe stabil- ization contact Jay Tanski at New York Sea Grant Extension Service, phone 632- 8730. He is located at the University Campus at Stony Brook. Normally we recommend cutting back a vertical lip to a natural angle of repose, however in this situation that would reduce the setback of the house by as much as twenty feet. It would also have to be graded back to the existing neighbors' bluff top edges forming a dished bluff top edge. Since this may be impractical, an alternative would be to fill the bluff face with clean sand cont'd Riverhead County Center - 300 Center Drive, Room E-16 - Riverhead, NY 11901 0 • COUNTY OF SUFFOLK w 6. ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE Thomas J. McMahon SOIL AND WATER NKMANUfflifft"" CONSERVATION DISTRICT DISTRICT MANAGER Palumbo Property Site Inspection: cont'd to make it even with Ms. Johnston's. Sand could be taken from the excavation of the house and dumped over the bluff top edge after installation of the toe stabilization. Also, removal of existing trees at the bluff top edge and on the bluff face is recommended. They should be cut down at the ground surface and the root system left intact. Removal of the root system would cause further soil disturbance. When this is completed the bare areas should be planted to 'Cape' American Beachgrass (see enclosure). If you have any further questions please feel free to call or write to the new District Manager..... Thomas J. McMahon. Sincerely, Paul A. TeNyenhuis, Soil District Technician Riverhead County Center - 300 Center Drive, Room E-16 - Riverhead, NY 11901 Jnlted,States Department of tvriculture Soil TECHNI AL Conservation Service rvice NOTE Northeast Technical JUL 7 Service Center Broomall, Pennsylvania v PLANT MATERIALS NO, 11 STABILIZATION OF ERODING BLUFFS EXPOSED TO FLUCTUATING TIDES The erosion of high sandy bluffs along ocean fronts has challenged conservationists since they were first observed. Typical of such bluffs are those along the north shore of Long Island. The soil material is sandy and erosive, easily moved by wind or water. Bluff height varies from a few feet up to well over a hundred feet. The slope is usually about 1:1, or at whatever angle the material is stable. They may appear as shown below. sloping the wrong direction overhanging lip remonents of old vegetation, boulders, etc. , eroding toe normal high tide Typical characteristics of eroding bluffs exposed to tidal fluctuations. DIST: NE S, T, NO Prepared by W. Curtis Sharp Plant Materials Specialist July 8, 1983 f 2 Numerous attempts have been made by landowners to stabilize the slopes. Only a few have succeeded. No procedure can guarantee a permanent solution, but some have significantly showed erosion over several years. From these, it appears the following is essential: 1. Do not allow surface water to go over top of the slope. 2. Remove the overhanging lip at the top of the slope. 3. Provide protection at the toe of the slope with a low, well constructed bulkhead. There may be circumstances where the beach is sufficiently wide that this is not necessary, but it will be unusual. If this should be the case, the use of marsh building vegetation on the beach should be considered. If a bulkhead is used, leave a level area in back of it if adequate beach permits. This is to be heavily vegetated with American beachgrass. Waves that break over a low bulk- head can dispense some of their energy here, rather than battering a higher one or dashing against the slope above the bulkhead. water diverted away from slope overhanging lip removed well vegetated slope well vegetated level area well constructed bulkhead normal high tide 14 Typical of procedures that have had a desirable long term effect on slowing bluff erosion. (TN PLANT MATERIALS 11, July 8, 1983) 2 Numerous attempts have been made by landowners to stabilize the slopes. Only a few have succeeded. No procedure can guarantee a permanent solution, but some have significantly showed erosion.over several years.', From these, it appears the following is essential: 1. Do not allow surface water to go over top of the slope. 2. Remove the overhanging lip at the top of the slope. 3. Provide protection at the toe of the slope with a low, well constructed bulkhead.. -There may be circumstances where the beach is sufficiently wide that. this is not necessary,' but' it will be unusual . If this should be the case' the use of marsh building vegetation on the-beach should be considered. If 'a bulkhead is used„,leave a. level area. in back of it if adequate beach permits. This-is to be heavily vegetated with American beachgrass. Naves that break over a low bulk- head can dispense some of their energy here, rather than battering a higher one or dashing against the slope above the bulkhead. water diverted away from slope overhanging lip removed well vegetated slope well vegetated level area n "y well constructed FWD , bulkhead LA`~JX, - , normal high r tide r6 : ; Typical of procedures that have had a desirable long term effect on slowing bluff erosion. (TN PLANT MATERIALS 11, July 8, 1983) • 3 • 4. Vegetate the slope. This will further protect it from any waves overtopping the bulkhead and reaching the back of the vegetated level area. Use Cape American beachgras.s for this also, transplanted in the early spring. rlace one 35 mm film canister of Osmocote slow rel?ase fertilizer into each planting hole and then plant three stems or culms per hole, each hole should be 12-18 inches apart. 5. Adapted shrubs ana vines can be added when the sIope•is well stabilized with grass. Species include Bayberry, Rugosa rose, and Beach plum. 6. Keep all trees pruned to shrub height on the slope. Maintenance of the bulkhead and vegetated slope will be required on a continuous basis. Remove aebris from planted areas, keep all water diverted forin the slope, do not over irrigate the lawn above, avoid excessive foot traffic and repair any damaged or- ar...,diny areas. i i'f PLANTS FOR CONSIRVATION IN THE NORTHEAST USDA - SOIL CONSERVATION SERVICE TSC - Upper Darby, Pa. CONSERVATION PLANT SHEET No. 28 AMERICAN BEACHGRASS (Amnophila breviligulata Fern.) USE: Major use is to stabilize moving tend`416ng the Atlantic sea coast and Great Lakes region. It is the best species for the initial stabilization of frontal dunes. Useful as an erosion control plant on non-dune areas where soils are very sandy and the site conditions make establishment of seeded species very difficult. Also used on soils high in salinity such as industrial waste needing vegetative cover. DESCRIPTION: American beachgrass is a leafy, spree ng. unch-type grass with many stems j~ per clump. It may reach a height of two to three feet. The seed head is a spike-like panicle, about ten Inches long, and appears S in late July or August. Leaves are long and 4 narrow, and may become rolled or folded as it matures. 1 J% ` One outstanding growth characteristic is the strong underground stems (rhizomes) that , spread beneath the sand and give rise to many new plants. Its vigorous growth en- " . ables the plant to withstand heavy deposits of sand and grow up through it. ! r ADAPTATION: It is native to the mid-Atlantic coasts region from Maine to North Carolina, and the Great Lakes region. It will grow on inland sites, high in sand and/or saline content, provided applications of fertilizers containing nitrogen are made. VARIETIES: 'Cape' is the most recent variety AMERICAN BEACHGRASS an was eveloped by the Soil Conservation Service at the Cape May Plant Materials Center, Cape May Court House, N.J. 'Hatteras' developed by the Agricultural Ex- periment Station in North Carolina is a variety possibly better adapted to southern climates. SOURCE: Both are commercially available vegetatively. Seed not available. ESTABLISHMENT: The best time to plant beachgrass is from October 1 to pr 0. properly planted, good survival can be ex,rected at any time during this period except when soil is frozen. Summer plantings are not satisfactory. AMERICAN BEACNGIl.ISS American beachgrass can be planted either by hand or by mechanical equip- ment designed for this work. The stems of plants called 'culms' are used for planting stock. Three culms are planted per hole. Space plant, 18" by 18" unless wind erosion is severe., then spacing is reduced.to 12" by 12". Stagger the plantings in alternate rows to provide maximum erosion control. On very stable areas where wind is not a factor, a spacing of 24" by 24" is suitable. An 18" by 18" spacing requires 58,500 culms per acre, or 1,350 culms per 1,000 square feet. T Beachgrass culms must be planted at least 8" deep. This prevents plants from drying out, as well as being blown out by the wind. A tiling or ditching spade is an excellent tool for opening the planting hole. A two man crew works best in planting on frontal dunes and loose sandy areas. The calms and roots must be kept moist before and during planting. Success of planting will increase .A~ if the stock is dormant or has made very little growth. Fertilizer properly applied is the key to good vigorous growth, as coastal sands are rather infertile. Apply fertilizer in March or early April. Inorganic, granular fertilizers high in nitrogen are best, such as, 10-10-10, 20-10-5, 15-10-10, etc. Apply about 2 to 3 lbs. of nitrogen per 1,000 square feet per year; i.e., 25 lbs. of 10-10-10 per 1,000 square feet. Fertilizer can be applied in two split applications; i.e., one in April and another in July or August, and using about 12 lbs. per applica- tion. MANAGEMENT: Once the stand is well established, the rate of fertilizer - applied can be reduced by half, or applied only when the stand appears to be weakening. Pedestrian and vehicular traffic that bends or breaks the culms will seriously damage the plants and may kill them if traffic is intensive. On frontal dunes, any area devoid of protective cover is subject to blow- ing and eventual ruin. Replanting of beachgrass stands that become open should be an annual operating procedure. AMERICAN BEACHWASS American beachgrass can be planted either by hand or by mechanical equip- ment designed for this work. The stems of plants called 'culms' are used for planting stock. Three calms are planted per hole. Space plant. 18" by 18" unless wind erosion is severe, then spacing is reduced-to 12" by 12 Stagger the plantings in alti,rnate rows to provide maximum erosion.control. On very stable areas where wind is not a factor.,a` spacing of 24" by 24" is suitable. An 18" by 18" spacing requires 58,500 culms per acre, or 1.350 culms per 1,000 'square feet. Beachgrass' culms must be planted at least 8" deep. This prevents plants front drying out, ~r as well as befrig blown, but by 'the wind.A tiling or ditching spade is' an 'excellent tool for opening the planting hole_ , A two man crewworks best"in planting on v frontal dunes-'and Toose sandy areas. The cillms and roots, must be kept moist before ..and during planting.-,,, Success of planting will, increas"if the stock is dormant 'or lias.._ A made very little growth'.. Fertilizer properly applied is the key to good vigorous growth, as coastal sands are rather, infertile. 'Apply fertilizer in March or early April. Inorganic, granular fertilizers high in nitrogen are best. such as, ; 10-10-10, 20-10-5,15-10-10, etc. Apply about 2 to 3 lbs.-of nitrogen per 1,000 square feet per year; i.e., 25 lbs: of 10-10-TO per 1,000 square feet. Fertilizer can be applied in two split applications, f.e., one in April and `another in July or August, and using about 12 tbs. per applica- tion. MANAGEMENT: Once.the stand is well established, the rate of'fertilizer applied can be reduced by half. or applied only when`the stand appears to be weakening. Pedestrian and vehicular traffic that bends or breaks the culms will seriously damage the plants and may kill them if traffic is intensive. On frontal dunes, any area devoid of protective cover is subject to blow- ing and eventual ruin. Replanting of beachgrass stands that become open should be an annual operating procedure. 1419YI} I ~ ~ ' III ' k ~ "III I r a e.ktlJ Jai Y d, ,r These New Jersey residents are planting 'Cape' American beachgrass to protect their property. Shore property unprotected by dunes N ...;5'~ ILI may CAPE' AMERICAN BEACHGRASS be damaged ! rkY` Plan ting stock oIf 'Cape'A merican beachgrass can tr y. lei be obtained from commercial nurseries Sand dunes provide the best protection I { MY~ against damaging coastal storms. But Obtaining planting stock of dunes are unstable and must be pro- 'Cape' American beachgrass tected from wind and waves by vegeta- tion. _ 'Cape' is a superior strain of American Planting 'Cape' American beachgrass beachgrass discovered on Cape Cod, (Ammophila breviligulata) is the most Mass., in 1965 by SCS plant specialists. effective way to stabilize dunes and After extensive testing by SCS in areas of shifting sand in coastal areas cooperation with Rutgers University, from Maine through North Carolina. the discovery was named 'Cape' and You can plant 'Cape' either to made available to commercial pro- stabilize existing dunes or to build new ducers in 1972. dunes. 'Cape' can also be used to Planting stock of 'Cape' American stabilize sandy areas inland, such as beachgrass is now generally available roadbanks, abandoned gravel pits, and from commercial nurseries along the other disturbed areas. mid-Atlantic coast. 'Cape' is robust and easy to plant and For more information on where to buy spreads rapidly. It has more leaves and plants and how to use and plant them, thicker culms or stems than common you can call the local office of your soil American beachgrass. 'Cape' reduces conservation district. Assistance is wind velocity near the ground and traps available without regard to race, creed, windblown sand. The new sand color, sex, or national origin. deposits build the dune and nourish fur- May 1977 ther plant growth. 'Cape'stabilizes dunes and traps windblown sand. o saxiat, • ~'n. • fe ~l• I`i is is For sale by the Superintendent of Documents, us. Gorornment Printing Office Pice35cnds:25%discounl alloyedgonodes of 100 or more to one address •G.•~ l~~ •~'I' ~ There is a minimum charge of $1.0 for each mail order I ' *GPO 1977 0-224187 r Planting'Cape' American beachgrass Each plant should consist of three to Maintaining grass cover Newly planted and established five healthy culms or stems. Spacing stands respond to fertilizer. Fertilizing 'Communities or individual landowners the plants 18 inches apart generally is Areas of 'Cape' must be protected from in spring with 80 pounds of inorganic interested in stabilizing shore areas can adequate. This spacing requires about foot traffic. Otherwise stems are broken nitrogen fertilizer per acre produces plant'Cape'. Small areas can be planted 19,000 plants per acre. and the plants die. Fencing planted large healthy plants, dense growth, and by hand. Transplanting machines can In areas where severe winds are ex- areas and walkways through or over good dune stabilization. be used for large areas. pected, spacing plants 12 inches apart dunes is most common. Barrier shrubs The best time to plant is from October gives greater protection. can be used where fences are not prac- 15 to April 15, except when the ground Stagger the rows to get maximum tical. is frozen. Do not plant 'Cape' in sum- erosion control. mer. STEP 1: Open a hole 12 to 14 inches deep with a is is the growth produced from a single stem of spade. Place three to five stems in it to a depth of STEP 2., Press next to the plant to firm the sand fiIIIIIIIIIIIIIlape in 4 months. 8 inches. and eliminate air space in the root zone. Fencing protects stands of 'Cape' from trampling. a, 7~ _71 .1 A planted area looks like this. Soon new growth will spread by underground stems and cover the bare area. Fertilize periodically to insure good growth or to revive stands. sl e J NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: t&1%J V\%Xtf- 34frOLK 4T DATE OF PUBLIC HEARING: E b,.4 *a 0 ~ If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS TOWN OF SOUTHOLD • (516) 765-1809 APPEALS BOARD MEMBERS ~o~~gUFFO(IrcoG Southold Town Hall Gerard P. Goehringer, Chairman o y` 53095 Main Road Serge Doyen, Jr. W P.O. Box 1179 James Dinizio, Jr. io Southold, New York 11971 Robert A. Villa y'fl~l Fax (516) 765-1823 Lydia A. Tortora 4 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of FRANK PALUMBO/MARY MURPHY/SUFFOLK COUNTY ------------------------------------x CONFIRMATION OF POSTING I, residing at being duly sworn, depose and say: That on the day of June, 1995, I personally posted the property known as "9206 Bridge Lane, Cutchogue, NY" by placing the Town's official poster Notice on either a stake, fence, or other post near the driveway entrance into the property at Oregon Road, and that the poster has remained in place at least seven days prior to the date of the public hearing (date of hearing noted thereon to be held July 12, 1995.) Dated: June 1995. (signature) APPEALS BOARD MEMBERS ~o~~gUFFO(,~co ti py Southold Town Hall Gerard P. Goehringer, Chairman o° 53095 Main Road Serge Doyen, Jr. rn x P.O. Box 1179 James Dinizio, Jr. O .F Southold, New York 11971 Robert A. Villa y'1j O` Fax (516) 765-1823 Lydia A. Tortora Ol * ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD As of 7/10/95 still need: three prints (or copies) of a construction plan for house layout applicant's engineer's evaluation - bluff stability for weight added ROW easement area to be confirmed by attorney for applicant (permission was not over Baxter ROW, I understand, or over Bokina ROW per information). Setbacks to the east are approx. 40 & 48+- feet; to the west are 70' to pool and 35' to Sorano deck, per ZBA files. Note for Board Members: Soil & Water Conservation Report was received Friday, 7/7 and was placed in each board member box 7/7. 08/20/95 08:31 $`5169 1354 C.M. INC. 001, CATHERINE ~fA1\TO, INC. ' Lj11115[d Rml Estate Braff Real Edde Consultmrt V JW 20 nay . June 2Q, 1995 Tower of Southold Zoning Board of-Appeals Southold, NY..11971. . . Re: Frank N.-& Louise O. Palumbo WS of1Z0 W north ofBridge.Lane, Cutchogue, NY SC'IM ~ 1000-73 2 33 . Gentlemen This shall, confirm that the proposed survey for the above reference application will- be modified to show a breezeway of not more than .8' x 10' structure to the house conaectvug.the .accessory _ Very YYours, Ar,. Catherine A Mesiano, President 12 MM Pand Lane . East Moriches, New York 11940 516.878.8951 APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman c 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y~0 Fax (516) 765-1823 Lydia A. Tortora 1 a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 26, 1995 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil & Water Conservation County Center Room E-16 Riverhead, NY 11901 Re: New Dwelling - Long Island Sound Bluff ROW off N/s Oregon Road, Cutchogue Dear Mr. Pauzer: Our office has an application under review which involves a request for the location of a new dwelling structure near the bluff or bank of the Long Island Sound in C u t c h o u e . Enclosed is a copy of the most recent survey map of June T, 1995 and a copy of the County Tax Map showing the general area. This property is presently vacant. May we ask for your agency's assistance in evaluating this project. A hearing will be held by the Zoning Board on July 12, 1995. If you need any other information, please don't hesitate to call our office. Thank you. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosures I SUFFOLK CO. HEALTH DEPT. APPROVAJL H. S. NO. .z O 4., i~tP.P C4F= PI'ZOP"E:2TY IGI_ S[1iZ EYED 931Z } • STATEME14T OF INTENT ~T I 4Q 4 ~1~ { THE WATER -SUPPLY AND SE9 AGf, DISPOSAL p d SYSTEMS FOR THFS RESfp&NGE WFLL ~H4C?fr - 4CF4' } ' ~ aF SQ~J~I~~ ~ ~.Y f s CONFORM TO ThFE STAriCiAi35~ OF TfiE i } SUFFOLK CO. DEPT. OF FFE/ILIF ~cRVLCES .F:. - - ( fSf APF£,fCANFT f 1f3 SUFFOLK Cp1![iTY D6P : QF 'HEJIITFF r Y to } r v,` Sfi.R1blC.ftS FO-R APPROitAL `g+DR 4' x e i N _ CIOF3.QF~!lct~ • CON$TtZilC W.4 ~8 )•W Y .3', H S. REF MQ ire _ _ z _ t g su +r. ~ ~ ~ • j APPJ~Q'YED; ~ ice... ''1 , i4 m, { t • *~4.; } E SUFFOLK CO. TAX MAP ATfG - yE,F - ~'T! • ~1¢`-:LQ,4 tt DiST. _ SECT. 81:,~]GF4.PCL. { f t o l ! = .WfEya 4 . /f~ low 73 ' 2 3, r ` OF a ORA4VRS.A00RM; A~ ve*L Qt - t@tT.i7 :&7Tr1 .1EPFA'[»;. ' ~ 1 F arm 4a o ti ~X t?;` 54- e?- 4 { ~ t u. Q'.~'- ya OAS t ~ ~ i E~fiD: L.. 'P'EST f#OLE :..I z fi F j 1 brmea;.,'jy. 4jr COP s Ol { .,.:5 ; ~v ap'=aa,+mtaa°tpto. _^4 . 44Z _ . `1 nano, M -rmy s W t s \ { q acre kk - 't y _ ' 4 - - ' ° ~ ~ ~ ...."iJ _ . i t}er- I .;.Ryon. ,.~ar,~y~ ~•t4•/-y OFNf o r'F6~ GS., r?IlF LAWTM-E UYL, P.C. 4' ojm.5 Cc ='sZ,TG -t a-A 11 . ROtiE1llGK *T..~. ( `sy° (52562°~1~P <4N0 SVP k2 *EVORS ~j GEt£ENPORT ND NEW YORK PUBLIC HEARING 7:50 P.m~1. No. 4317 STATE OF NEWORK) EDWIN and ALD TONYES ) NOTICE IS HEREBY GIVEN, This la a request fen a Special Exa SS: PBMUM to Section 267 of the Town tion under Article IX, Section 100 COUNTY OF SUFFOLK ) - Law. and the Code of the Town of 91B, for permission to convert exist ^ Southold, that the Is public ing.building in No Hamlet-Bminea / I~~Ie ' ^ _ ' -bearing will be held eld at at a Special "~)yainDttnier ftomrie~l>f _ l ~u~LL ~~X/,( Of MattltHCk, Meeting of the SOUTHOLD TOWN dwelling sa mgttiple: reB{ng.or alder-i BOARD OF APPEALS, at the natively two-family dwelling with In said County, being duly sworn, says that he/she is Southold Town Hall, 53095 Maio retail sore. 76e aabiect let with exist- Principal Clerk of THE SUFFOLK TIMES, a Weekly Road. Southold. New Yak 11971.'m Ing house contains a total area of WEDNESDAY, JULY 12, 1995, 10,615 sq. R wad is' dentificd as 1000• Newspaper, published at Matfitucif, In the Town of commencing at-the lime speciried be- 62-1-14. The applicants also have an. Southold, County of Suffolk and State of New York, 7 30 m. Appt. No. 4316 - OS- intaat tnm edjamint -ke. .pp;iA ad a p. lion-6za-13 aaainlag apomx{tiuro- and that the Notice of which the annexed Is a CAR and BETH BLEVBNS. This is a ly Io wi esq. R in area which is. being -Anted CO Variance based upon the May-11, offered In this pm)ect m inrnesae the printed PYr has been regularly Published In said 1995 Nodoi ofDisapprovel issued-by evalpble lad area Bah log are loom- Newspaper once each week for ___L_ weeks the Building Inspector for permission ad on the am* side of the Main Rod; to.relocmedwelling and Image iddi- Southold and are in the HB Zone sucSpd vely, commencing on the _cQq_ day of don which will have insufficient Imed Drama. 19~ and side yard setbacks. Article 9:00 P.m. Appl.r No_.4322.- Section-100-30A.3: Loeatiour 0, WILLIAM GORDON: Variance Property: 640 Haywatem Drive (and bond upon the Man 24, 1995 Notice . Mason Drive). Cutchogue N.r, , bf Disapproval of the Building ,In-I ~a a- a'r s~ I 1. 1 ~ _ n County Tax Map Parcel No 1000- apsettr, where ipplioot is requemiulf CHAW7MV0UN= x~lj /~lR 104•i23: Zone R IQ-tiV'P - permission to construct gsnBe and, ~ pw" $o" of New York 7.35 "p.m., Ao-i431 i duck adios which:will have inwf.I Ne. 50049" YOSHIMASA k„ Q-aj•1'h(r2'R°i fi g(mmymdaethacks-Rer-AMcle h CapBy Principal Clerk v.rioeaba Pam Srenom1003RA3.atacidw RCBIIIIBisNon Noaaltfar79.tY`lU sed .po:mn mesa let 07" perty: 1036 to wnatruct en ikon to dweiltn' 1000. SeeaoalOK BMeY%which.:pyiB.hare an insufficient. fmmt X8:05 ern. Appl.Na 4'iZD-fl'ralmal yard setback. at. 35 Sunset Way and A tit B,or preptrat£ a D). KAST Notary Public 3250 Cedar Beach Road. Southold.. WH01,111 E1.01?hfH4T CO RP} Zone Distncc.R-40. - die;ransem'tnrmer'p!WenY 7:40'.p m. Appi ' 'No 4318 +on Kfri`Sacerwbetween Thdd"an SWO before me, this HENRY BUTKOWSKI Thia is a gaenrrd Scram. New Sntfolk, N.Y.. ^9 ~ OUO Variance hued upon the Notice of identified ss 1000-117-8.6. rWmsting l y\ Disapproval issued by. the Building approval of one of the following. two day O - - 19 Inspacteedeted May 31, 1995 for peo- -op& h " "il ' 8;i5 p:m: Apmission to comwct antldtim which I'ROPOSALI.rJAMES AND BAwill have insufficient rear yard setback ....:,A. Special Exception, Attick IBA Contract: Vendee w.'(Owaeral and which places aceessury PmPin a `Section 1011-30A.2. for Permission I Paradise of Soudol4 ire: and Odrev side yard. Article IIIA, Sec0on,100- esmbdak Accessory Apameem use ' Continuation of hearing carried over 30A.3 and Section 100-30A.4 (ref. roblish on with principal Singh:-fan from June 7. 1995: Location of 100-33). Location of property: 18275 ily use as provided. by-Article III Property: 580 Basin Road. Southold. -Munn Road. Mutituck• N.Y.; County Section 100.31B(13). N.Y., paradise point Section.One, ajax,Map Parcel No. 1000.115-2-11. - B. Vadmoe ceder Article ll4 S Filed Map 3761 filed 4/11/63; also Tame District R-40. don 100.316(13-e) for permission known as 1000.81-1-16.7 (formerly 7:45 p.m. Appl. No: -4321 I u60ze existing floor errs for the fie part of 16.4).. . FRANK PALUMBO, u Contract cessory Apartment at ratio of a Thu Board of Appeals will at said Vendee (Owner- County of Suffolk/ proximately 50.50% (imted of 40; time and place hem any and all per- Murphy). This is a: Variance soar m representatives desiring to Mary R°) as livable 11, , floor xc folloanenws: " heard in. the above matter. Written based upon the June 15, 1995 Notice OR, p be of Disapproval issued by y the fiException. Article iii. comments may also be submitted the Building C. . Special Inspector for permission to couswct Section 100.316-1. for approval of a before or during this hearing' if you; Or need dwelling with an insufficient front two-family: dwelling and related ac wish torevim the ~ P d10 yard setback and within 100 feet of the cessory uses in an existing "forme quest o Long Island Sound bluff or bank- Also mpemmkcr building.- - hesitate to a6 765-1809 or visit our requested is a Variance under New { D. Variance under Article IX, office. York Town Law, Section 280-A for Section 100-92 (Bulk Lot Siz Dared: June 26.1995 minimum improvements for access by Schedule) for aPPmval of let area m BY ORDER OF THE SOUTHOLD fire vehicles over a private right-of- exists of 21,430 sq. ft. for two-family TOWN BOARD OF APPEALS way or Easement Ares:. CommendnB use in this HE Zone District. _ GERARD P..CAEH~A i~ RMAN at a point along the north-side of BY Ludes Kowalski 1l Oregon Road, Cutchogue, along: the 840D-tTJu29 westerly side of lards of linking, over lands now, or formerly Baxter and oth- ers identified as Lot 1.9,. Block 1, Section 72, thence extending northerly approximately 1035 feet ro.a, poim, thence naming in an easterly ditecd approximately. 375 feet to the appli. ant's parcel of lard identified u 33, Block 2. Section 73, District 1000 all as shown by survey dated mu 7 1995 prepared for Prank and Louis Palumbo. s • i APPEALS BOARD MEMBERS ry ~~g~FFO(,~co r O p Southold Town Hall Gerard P. Goehringer, Chairman a= y` 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. O ,Y Southold, New York 11971 Robert A. Villa y'~0 a0~ Fax (516) 765-1823 Lydia A. Tortora 1 # Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearing will be held at a Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JULY 12, 1995, commencing at the time specified below: 7:30 p.m. Appl. No. 4316 - OSCAR AND BETH BLEVINS. This is a Variance based upon the May 11, 1995 Notice of Disapproval issued by the Building Inspector for permission to relocate dwelling and garage addition which will have insufficient front and side yard setbacks, Article IIIA, Section 100-30A.3. Location of Property: 640 Haywaters Drive (and Mason Drive), Cutchogue, NY; County Tax Map Parcel No. 1000-104-5-23. Zone District: R-40. 7:35 p.m. Appl. No. 4319 - YOSHIMASA OSATO. This is a Variance based upon the May 18, 1995 Notice of Disapproval issued by the Building Inspector for permission to construct an addition to dwelling which will have an insufficient front yard setback at 35 Sunset Way and 3250 Cedar Beach Road, Southold. Zone District: R-40. *n Or BEA1.111 FORM NO.1 7 SETS Or PLANS TOWN Of' SO11T110LD SURVEY . BUILDING DEPAR IMENT CIIECI : . . IOWNHALL SEPTIC r 0 M I SOl1TlIOLD, N.Y. 11071 TEL.: 7641002 "oil FY f CALI. ;aiuincd .6 19 ~j IIA 11, TU : pproved 19 Permit No............ . kapproved a/c r . . _ . (Building Ins)cclor) APPLICATION 1-011 BUILDING PERMIT Date o.. 19 INSTRUCTIONS a. This applicalion must be completely filled in by lypewriler or in ink and submilled In the Iluilding Inspector, with .3 Is of plans, accorate plot plan to scale. Fee according to schedule. b. Plot plan showing Ivcalion of lot and of buildings oil premises, relationship to adjoining premises or public. sliccts areas, and giving a defailed description of Iayoul of property must be drawn on the diagram which is part of this igrpli- lion. c. 'file work covered by Ihis applicalion may not be commenced before issuance of Building Pcin it. d. Upon approval of this application, [lie Building Inspector will issr NI a Building Permit to the applicant. Such permit all be kept on the premises available for inspection thloughoul the WINK. e. No building shall be occupied or used in whole or in IN"! for any Im"Tose whatever un(H a Cerlificale of occupancy all have been granted by the Building Inspector. APPLICATION IS IIE111?BY MAI)11 to the Building Department for the, issuance of a Building Permit pursuant to the nilding Zone Ordinance of the "Town of Southold, Suffolk County, New Yolk, and other applicable Laws, Ordinances or egulalious, For the construction of buildings, additions or Nllmathms, or for removal 11 denmlilion, as herein described. one applicant agrees to comply with all aMdbahV laws, ordinances, build,ag code, housing code, and regulalions, awl to Imil authUnzed inspectors on premises and in building lot' necessmy In eclir ns. (Sig alure of applicant, or name, if a cmpomlion) CI4..C Mt5I/\NU,(NC...1~.MIr1.PouncA. (j~ fallil1rQ addo:ss of applicant) C• M arktnb.S. N'y r n qyo late, whelher applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, phunber or builder. lance of owner of premises .Cvu i,1. e.(.. Sir F Fold[ b.Q .r wa..J1sQeo , (as on the lax roll or latest deed) f applicant N a corporation, signaliue of duly aulhorized officer. (Name and title of colporale officer) f Builder's License No. fll~~; .Jl)PJ"~ ~99J I'lunibcr's License Nn . . J PleOMian's License No . Olhcr Trade's license No . Location of land on which proposed work will be done. N 15. : v: VO 1 A 7' ..~..4~:. r,(W e., ??106-ve LA. ' 0k6(jo%1 RVe. t~clto~Ut........ Ilouse Number Street Hamlet ('()truly "fax Map No. 1000 Section ...:74........... Block ...4?......... A_ Lot JJ . Ro N A. RA~L~r~ SubdivisionMIPQJ?. M.ot+.y. Elr.s4 th r)1v.tiPny....... Piled Map i r . Lot (Name) Slale existing use and occupancy of ,plenlises,md intended use and occupancy of proposed construction: a. l xisling use and occupancy ....l! 0,00, . b. intended use and occupancy of...5 LVIr U ltgYlr~l~ .(~(.(J1.1Il4tC (JL~7Q(fie~s 7 rr 1h 2.l dr rt~ Nature of work (check which applicable) w building . X ,\ddit;oil Alteration . Repair Removal Demolition Other Work vO l7~C~ (Description) Cstimated Cost.... ...t......' Fee...................................... (lo be paid on filing this application) If dwelling, number of dwelling units Number of rl .~clling units on cacti floor . . 1f garage, number of cars aQ, , . If business, commercial or mixed occupancy, specify nature and extent if each type of use . . Dimensions of existing structures, if any: Ftont Rear Depth Ileight Ntnnber of Stories , . Dimensions of same structure with alterations or additions: Front Rear . . Depth . Ileight , ............:.Vuulber of Stories . Dimensions of entire new construction: Front U Rear A Depth .0A , , , , Ileight . . . . . . Number of Stories Size of lot: Front l-40................ Rear beplh a.4 Dale of Purchase A*t? C•0.4)7" A •LT, , Name of For ter Owner .0L4bt~ UL0e Zone or use district in which premises are situated .~T-.~ SS, (per. REgy'.'r Does proposed construction violate anv zoning law, ordinance or tcgu 'atioir Cn!' ' .......F~'..p.l,-..,~.~r back,. . Will lot be regraded ..!'D.o. , • y1 Will excess 1.11 be removed from ffrrcmi$ Yes Sri Natile of Owner of premises!!2H~K,,YA~Um,4p ,AJdressW7t,~,iT?aJ y)lmwFy,Nj.~ftsnc o. 7./.$:YSV'~1a,4•• N1llle ofAW 6%t C; MCS!h N, Address 17 mu-Pt.u0 L!'. E:MOR1G~ sir NoAli-; ?7R' 89,9! t , Nanne of Contractor N V u . v ..................Address ,..........I'honePdo................ is this property within 300 feet of a tidal wetland? *',es........ No......... *If yes, Southold Town Trustees Permit may be rt-gaired.. PLOT DIAGRAM Locale clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from petty lines. (Jive street and block number or description according to deed, and show street names and indicate whether Her or corner lot. -4O-,soaD,VtS10N MAP. of Rost N A•rCN6pupn, •Su ? LY1avy Et;zcb.++. /~uaPNy - Lot # -5 <UJ ~.5 lu ~1. CIO VulgIt qt s o'w P' 4 i r /ate c D 0 J 40. I,, CV D C. a n~") QUAD r J 2 A J 'Iii OF NEW YOR S.S 11'ffY OF r . . . .......FR. R 1J.1C , ,N.:.. PA ( t J e> .q being duty s vorn, deposes and says that he is the applicant (N:une of individual signing contract) :e marled. Stile ....................Q.wv~e ? (Contractor, agent, corporate officer, etc.) Aid owner or owners, and is duly authorized to perfonn or have performed the said work and to trAW adtl the this ication; that all statements contained lit this application are true to Cie best of ifs knowledge and belief; and Thal the k will be performed in the manner set forth in the application filed thelowith. lit to before the this \ try Pmbuc~Z/'~P.1-o '5?. illy HELENE 0. HORNS Notary Public, State of Newyork (Signature of applicant) No. 4851384 . . Qualiflod in $riLf:J'. rnr.nar y Page 2 - Legal Notic• Regular Meeting of July 12, 1995 Southold Town Board of Appeals 7:40 p.m. Appl. No. 4318 - HENRY RUTKOWSKI. This is a Variance based upon the Notice of Disapproval issued by the Building Inspector dated May 31, 1995 for permission to construct an addition which will have insufficient rear yard setback and which places accessory garage in a side yard, Article IIIA, Section 100-30A.3 and Section 100-30A.4 (ref. 100-33). Location of Property: 18275 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-115-2-11. Zone District: R-40. 7:45 p.m. Appl. No. 4321 - FRANK PALUMBO, as Contract Vendee (Owner: County of Suffolk/Mary Murphy) This is a Variance based upon the June 15, 1995 Notice of Disapproval issued by the Building Inspector for permission to construct dwelling with an insufficient front yard setback and within 100 feet of the Long Island Sound bluff or bank. Also requested is a Variance under New York Town Law, Section 280-A for minimum improvements for access by fire vehicles over a private right-of-way or Easement Area: Commencing at a point along the north side of Oregon Road, Cutchogue, along the westerly side of lands of Bokina, over lands now or formerly Baxter and others identified as Lot 1.9, Block 1, Section 72, thence extending northerly approximately 1035 feet to a point, thence running in an easterly direction approximately 375 feet to the applicant's parcel of land identified as Lot 3.3, Block 2, Section 73, District 1000, all as shown by survey dated June 7, 1995 prepared for Frank and Louise Palumbo. Page 3 - Legal Notio Regular Meeting of July 12, 1995 Southold Town Board of Appeals 7:50 p.m. Appl. No. 4317 - EDWIN and DONALD TONYES. This is a request for a Special Exception under Article IX, Section 100-91B, for permission to convert existing building in this Hamlet-Business (HB) Zone District from single-family dwelling to multiple-dwelling, or alternatively two-family dwelling with retail store. The subject lot with existing house contains a total area of 10,615 sq. ft. and is identified as 1000-62-1-14. The applicants also have an interest in an adjoining lot identified as 1000-62-1-13 containing approximately 10,500 sq. ft. in area which is being offered in this project to increase the available land area. Both lots are located on the north side of the Main Road, Southold, and are in the HB Zone District. 8:00 p.m. Appl. No. 4322 - WILLIAM GORDON, Variance based upon the May 24, 1995 Notice of Disapproval of the Building Inspector where applicant is requesting permission to construct garage and deck additions which will have insufficient front yard setbacks. Ref: Article IIIA, Section 100-30A.3. Location of Property: 1030 Broadwaters Road, Cutchogue; County Tax Map District 1000, Section 104, Block 9, Lot 1. 8:05 p.m. Appl. No. 4320 (Proposal A & B, or Proposal C & D). EAST WIND DEVELOPMENT CORP as the current owner of property located on King Street between Third and Second Streets, New Suffolk, NY, identified as 1000-117-8-6, requesting approval of one of the following two proposals: r Page 4 - Legal Notip Regular Meeting of July 12, 1995 Southold Town Board of Appeals PROPOSAL I: A. Special Exception, Article IIIA, Section 100-30A.2, for permission to establish Accessory Apartment use in conjunction with principal single-family use as provided by Article III, Section 100-31B(13). B. Variance under Article III, Section 100-31B(13-e) for permission to utilize existing floor area for the Accessory Apartment at a ratio of approximately 50-50% (instead of 40/60%) as livable floor area. OR, Proposal II, as follows: C. Special Exception, Article III, Section 100-31B-1 for approval of a two-family dwelling and related accessory uses in an existing "former supermarket" building . D. Variance under Article IX, Section 100-92 (Bulk Lot Size Schedule) for approval of lot area as exists of 21,430 sq. ft. for two-family use in this HB Zone District. 8:15 p.m. Appeal No. 4314 - JAMES and BARBARA MILLER Contract Vendees. (Owners/ Sellers: Paradise of Southold, Inc. and Others). Continuation of hearing carried over from June 7, 1995. Location of Property: 580 Basin Road, Southold, NY, Paradise Point Section One, Filed Map 3761 filed 4/11/63; also known as 1000-81-1-16.7 (formerly part of 16.4). Page 5 - Legal Notice Regular Meeting of July 12, 1995 Southold Town Board of Appeals The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matter. Written comments may also be submitted before or during this hearing. If you wish to review the file or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: June 26, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x x APPEALS BOARD MEMBERS h~o~OSOFFO(,~ coGy Southold Town Hall Gerard P. Goehringer, Chairman co :c 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. O ye Southold, New York 11971 Robert A. Villa y~J1 O~ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD J u n e 19, 1995 6 "O S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4321 Project/Applicants: F nk Palumbo C/V County Tax Map No. 10uu 73-2-3.3 Location of Project: 9206 Bridge Lane, Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct one-family dwelling with detached garage - insufficient front yard and sound bluff setbacks This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Farm has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 19901. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. me ~Og~?FFOL,reoG JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK y = P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax (516) 765-1523 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER y~~.(# `l'am! Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4321 - FRANK N. PALUMBO DATED: JUNE 19, 1995 Transmitted is application for a variance from FRANK N. PALUMBO, together with A Letter authorizing Catherine A. Mesiano to act in the applicants behalf, Building Department Application for Building Permit, Notice of Disapproval from the Building Department, map of proposed project's location , Notice to Adjacent Property Owners, Questionnaire for filing with ZBA application, sketches of the proposed project. Residential Contract of Sale, Rider of Contract of Sale, correspondence from Legislator G. Blass pertaining to Application for Recovery of Property certified by County Treasurer. G~xce,~~ zy'~~~ CATHERINE MESIANO, INC~ Licensed Real Estate Broker Real Estate Consultant V June 19, 199,S' Town of Southold 1:';;\\`\ Zoning Board of Appeals I~ - P.O. Box 1179 Southold, NY 11971 Re: Frank N. & Louise O. Palumbo N/S of R.O.W. north of Bridge Lane, Cutchogue, NY SCTM # 1000-73-2-3.3 Gentlemen: I have been retained by Mr. Frank N. Palumbo for the purpose of making application for the necessary permits for the construction of a single family dwelling at the above referenced location. Application made to the Southold Town Building Department resulted in a disapproval based on various sections of the Town Code. Therefore, relief from the decision of the Building Inspector is being sought. On behalf of the above referenced applicant, enclosed please find the following: 1. Copy of the Notice of Disapproval from the Building Inspector together with copies of the application and map. 2. Variance application. 3. Environmental Assessment Short Form 4. Z.B.A. Questionnaire. 5. Original survey - 4 copies. 6. Filing Fee check in the amount of $600.00 made payable to the Southold Town Clerk. Proof of certified mailing to adjoining property owners will be submitted under separate cover. Should you require any additional information, please do not hesitate to call. Your courtesy is greatly appreciated. Very t y yours, u~u athenne A. Mesiano, President enc. 12 Mill Pond Lane • East Moriches, New York 11940 • 516.878.8951 14t6-a (2187)-Text 12 PROJECT I.D. NUMBER 617.21 S EO R Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT IBPONSOR PAL 2. PROJECT NAME R. A NY_ N U Mlo R.D .w N I AFL T_Nocau6 PROJECT LO Munlckno CATO L!+ U County S U r-r-a L a. PRECISE LOCATION (Street address and road mterseetlons, promment landmarks, atm. or provide map) 1JI,J of R.o.LU. NI &C,06Le LA. Cu-fchcElue• ~S CC rac/. mac( M~e~) 5. IS PROPOSED ACTION: W New ? Expansion ? Modlficatlontalteratlon R9 6. DESCRIBE PROJECT BRIEFLY: n d-r...,.I ~GU~FL Cliff a2 - CR'1C TAGHGJ ~S - COn ST2 UC7l d nJ ~ 3, n y /e C Y? K-4 7,F y ,r ErZ cu,rN UlA-TE2 SuPPL Qvtd 55waCv ri /),SGoS,ac. SYSTGM. TO E r~ Y 7. AMOUNT OF LAND AFFECTED: Initially acres ultimately L acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ? Yes © No If No, describe bristly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Resideettal ? Industrial ? Commercial D Agriculture ? ParklForest(Open space ? Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAU? )e Pc 5c f o Is Yes ? No If yea, list agency(s) and permNanprovats NYS 1>CC~- ~rrrc,2 of NdN-S~k~.3o~cT,dN ~ Sour»o~o /3UlLt)INe oGOi - ,3v,lowF pct T~ SC Etv ' SE~//a•(nt A/SPO,$/1L ,-/y E.C SAP/~ SQUT/1'O[.[) I.CUSTC-c3' U ,S rc T/O.v.4 i7 b'YE2M,..u ,dN it. DOES ANY ASPECT OF THE ACTI,;N HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? ? Yes N, If ye:, list agency name and permittapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ? Yes (RHO 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicanitspons name: F+',~ ti>< - • /7LUM ?U Date: Signature: Y It the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission Of this form, and an environmental review will ue made Ly this Board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FOILN INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the pre°arer will use currently available information concerning the project and the likely impacts of the action. It is not expected that - additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. _ (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically-alter more than 10 acres of land? Yes __NO 2. Will there be a major change to any unique or unusual land form on the site? _Yes No 3. Will project alter or have a large effect on an existing body of water? _Yes No 4. Will project have a potentially large impact on groundwater quality. _Yes No 5. Will project significantly effect drainage flow on adjacent sites? Yes No 6. Will project affect any threatened or endangered plant or animal species? _Yes -No 7. Will project result in a major adverse effect on air quality? _Yes -No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? _Yes No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? _Yes No 10. Will project have a major effect on existing or future recreational opportunities? _Yes No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes -No 12. Will project regularly cause objectionable odors, _ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes -No 13. will project have any impact on public health or safety? Yes No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the -'Yes No character of the community or neighborhood? 15. Is there public controversy concerning the project? ._Yes No Preparer's Signature: Representing: Date: 28A 4/75 RE~IVED a 1 ~5o P-w( JUN 1 9 1995 TOWN OF SOUTHOLD, NEW Y%%old Tow. C" APPEAL FROM DECISION OF BUILDING INSPECTOR - APPEAL PIA 8 / DATE .......June 19~ _.1995 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. N. - 1, (We) ,.,.;Frank Palumbo of ....18717...87th Road . Name of Appellant Street and Number Jamiaca HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT AID. ..T.0_.MNS.TRA.GT...... DATED .~I11YJfn...1.5~.:.19.45 WHEREBY THE BUILDING INSPECTOR DENIED TO Catherine~Mesiano a/c (C/V Frank Palumbo) - Suffolk County Name of A plicant for permit of 12 Mill Pond )Pane, East Moriches, NY 11940 Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERMIT TO CONSTRUCT 1. LOCATIQQN OF THE PROPERTY Pr;,y,te„road„Off„Bridge Lane: Cutcho4e. R-80 y2oG f3Ri~aeCn. Street /Hamlet % Use District on Zoning Map District 1000 Section 73 Block2 Lot 3.3 Suffolk County _ _ _.Current Owner Map No. Lot No. Prior Owner Mary Elizabeth Murphy 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning1 Ordinance b number. Do not quote the Orddi n Article III Section 100-32 ,7 Art. XXIII Sec. lf~t4-23)9.4; 280A 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( X) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal OW (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 .................................Dated REASON FOR APPEAL ( X) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that Appellant wished to construct a single family dwelling together with detatched garage on the subject property, which construction will have insufficient front yard setback, and will be located less than 100' from L.I. Sound bluff. Approved access is also required. Form zB1 - (Continue on other side) Y", REASON FOR APPEAL y; „v - Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because The Appellant is presently in contract to purchase the subject property. Denial of the requested relief would result in cancellation of the contract and financial hardship to the Appellant. A request for jurisdictional determination has been made to the Board of town Trustees. It should be noted that the NYS DEC has issued a letter of non-jurisdiction with respect to the proposed project. Application is being made to the Suffolk County Health Department with respect to the water supply and sewage disposal system, and it should be further noted that the subject property is part of a Southold Town Planning Board approved minor subdivision. I 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 The subject property is 295' deep, but only 145' from the'frolit property line to the top of the bluff. The topography of the subject property is unique and requiresthe proposed placement of the dwelling. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The proposed construction will not change the the character of the district because the area is being developed with single family dwellings. It should be noted that similar relief was granted by the ZBA pursuant to Appeal # 3564 dated November 18, 1987 STATE OF NEW YORK ) v ss Signature COUNTY OF ) Frank N. Palumbo Sworn to this day of'. 1995 QQQ Notary Public HELENE D. HORNE Notary Public, State of New York No.4951364 B Qualified in Suffolk County l Commission Expires May 22, 19. RECEIVED a 1 3o P - !tic JUN 19 1995 TOWN OF SOUTHOLD, NEW YyMhold town Clerk APPEAL FROM DECISION OF BUILDING INSPECTOR - APPEAL-.NO 8 41 DATE .......June 191... 1995 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. A 1, (We) ....:Frank Palumbo ..of .•„)Q717,,,87th Road N me of Appellant Street and Number Jamiaca NY ............................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT 11l(9...TfI..CANSTRJJ:CT...... DATED WHEREBY THE BUILDING INSPECTOR DENIED TO Catherine Mesiano a/c (C/V Frank Palumbo) - Suffolk County » . Name of Applicant for ermit of 12 Mill Pon.0 Lane, East Moriches, NY 11940 . Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERMIT TO CONSTRUCT 1. LOCATIQN OF THE PROPERTY R.Fx.Y.slGo...37.0..9.ff„ Bridge Lane, Cutchoge R-80 y204 8910&e'"- Street /Hamlet % Use District on Zoning Map District 1000 Section 73Block2 Lot3.3 Suffolk County _ . .............-.Current Owner Mop No. Lot No. Prior Owner. Marv Elizabeth Murphy 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoniniq Ordinance bnumber. Do not quote the Ordi n Article III Section 100-32 7 tfvtli Art. XXIII Sec. 1~8- ~9.4; 280A 3. TYPE OF. APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map (X) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (KYA(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 mode in Appeci No .................................Dated REASON FOR APPEAL ( X) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that Appellant wished to construct a single family dwelling together with detatched garage on the subject property, which construction will have insufficient front yard setback, and will be located less than 100' from L.I. Sound bluff. Approved access is also required. Form zst (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because The Appellant is presently in contract to purchase the subject property. Denial of the requested relief would result in cancellation of the contract and financial hardship to the Appellant. A request for jurisdictional determination has been made to the Board of town Trustees. It should be noted that the NYS DEC has issued a letter of non_jurisdiction with respect to the proposed project. Application is being made to the Suffolk County Health Department with respect to the water supply and sewage disposal system, and it should be further noted that the subject property is part of a Southold Town Planning Board approved minor subdivision. 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 The subject property is 295' deep, but only 145' from the'froht property line to the top of the bluff. The topography of the subject property is unique and requiresthe proposed placement of the dwelling. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The proposed construction will not change the the character of the district because the area is being developed with single family dwellings. It should be noted that similar relief was granted by the ZBA.pursuant to Appeal # 3564 dated November 18, 1987 STATE OF NEW YORK ) , ss .........................•.k. COUNTY OF ) Signature Frank N. Palumbo Sworn to this f day of.!!4,n 1995 ~ QQQ Notary Public HELENE 0.HORNE Notary Public, State of New York No. 4951364 Qualified in Suffolk County Commission Expires May 22, 1 BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the petition of FRkNtc N. rAwAA60 NOTICE to the Board of Appeals of the Town of Southold TO ADJACENT TO: PROPERTY OWNER Manouchehr Malekar 95 Delancy Street NY, NY 10002 YOU ARE HEREBY GIVEN NOTICE: 1. Tha a intention of the undersigned to petition the Board of Appeals of the Town of Southold to requesta-Variance (Special Exception) (Special Permit). (Other) [circle choice) 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: T M -7 M _ n-r #3 or%+Ke In. 1-on r Sahel Map of RnL,In A ae6u(n w Marv 1, h r, _L!_V f12hu g2o6 Br~Dgtr LA C. ,T r . 3. That the property which is the subject of such Petition is located in the following zoning district: - R - RC 4That by s ch Petition, the undersigned will request the following relief: (edu c+io n o4' _ aronF d t-~ S~bQ~i 5. That the provisio s of the Southold Town Zoning Code applicable to the relief sought by the under. signed are Article Section_MQ - 3a ; /}Rr. XXI11 Sec too - 39.4 [ Section 280-A, New York Town Law for approval of access over right(s)-of-way: 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you 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: (vbi 95 Petitioner Owners 'Names :&y_ eA(Ylur A S rae P__99st Office Address uurr y L10 C • M IA N0 lNC! 12- fy')ILl OND LA.~ F.MoRt~++c NYll44o Tel. No. (51(o) $1$- 8q,51 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS Z 318 243 402 Receipt for Certified Mail - No Insurance Coverage Provided Do not use for international Mail Manouchehr Malekar 95 Delancy Street NY, NY 10002 0 co Pos~a9e $ E Caunad Fee tJ `o y Special Delivenv Fee to aestncled Difl-,r., F a ae t NM1O Da~e ~ G/ em•^ Re Ing h Dalq and 's AdVIMIL !?es P- CS ark 0, Date STATE OF NEW YORK) ss.• /CO~~UNTY OF SUFFOLK) / l ~r/..'E4/A/C- fwcS14_ w residing at 12- Mi~~ e MAZ3 , to ~ being duly sworn, deposes and says that on the day of , 19 95' deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at that said Notices were mailed to each of said persons by (certified) (regieeemwd) mail. Sworn to efore me this l 7- day of 1/9 'S l mot' 1 ,.,t > L • ° / . Notary Public ' L CN_ D. HORNE - Notary Hu lic, State of New York No.4951364 Qualified in Suffolk County Commission Expires May 22, (This side does not have to be completed on form transmitted to adjoining property owners.) • i BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or he Petition of ~5RflN r N. t Ari-L) m6 o NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: Becky Johnston PROPERTY OWNER Box 1263 Cutchogue, NY 11935 YOU ARE HEREBY GIVEN NOTICE: 1. Tha a intention of the undersigned to petition the Board of Appeals of the Town of Southold to request aVariance (Special Exception) (Special Permit) . (Other) (circle choice) 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: M LQJ #3 on+he Minnr Sot 1 ,us n MnR of Rown A aeburn * m v 1, b •N, Murphu q20 ?)ri~c_l-e, Ce~re.ew!j uC. 3. That the property which is the subject of such Petition is located in the following toning district: R-~o r4 That hl s ch Petition, the undersigned will request the following relief: (er1 V c}t o n a C _ ~IY_Dfl~ U r- 1:: 5. That the provisi ns of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section t0o.32 d Ar-r. AX111 6ec•100-2a4.4 N Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you 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-Mat ti tuck 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. ~~td~/ r1 Dated: Petitioner Owners 'Names: f%_4fJ11AJ1&D1rn! P st Office Address CID C • M 5(A tJO . IN(- 1 MILL G'OND LA.. E. MORtc-I4 e , t\j y I194o Tel. No. ~51b) $13- 895/ [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS Z 318 243 400 A Receipt for Certified Mail No Insurance Coverage Provided ,q;;,yw' Do not use for international Mail Becky Johnston Box 1263 Cutchogue, NY 11935 co Postage .l E cernned rDe $ LL D ~ sD»,~~ Dei,~er, Fel. a ttenrmed Dewerv F, HYlllln RFlC2i Dt $~(ryyjnq to Wbom R Date c-vorM ~ . F h to Wnarrr dress AL Postage - rees ~ S,Z Post, r t0 STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) d{12r1n'r trIPS/o residing at dn~r~t being duly sworn, deposes and says that on the / day of 19 y , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names: that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of. fice at .Sow.([ p~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn t before me this day of 19 Notary Public HELENE D. HORNE Notary Public, State of New York No.4951364 Qualified in Suffolk County Commission Expires May 22, 19 (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of FR,4-Nr- N. PA,±Lllo NOTICE TO to the Board of Anneals of the Town of Southnld ADJACENT TO: PROPERTY OWNER Dorothy Katylak Pinewood Road Cutchogue, NY 11935 YOU ARE HEREBY GIVEN NOTICE: 1. Tha a intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a Variance (Special Exception) (Special Permit) . (Other) (circle choice) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: S G? M =r I cin d - -7 - 2 3. 3 Ln-r 03 on+hP K'nor `sub) ,t5,a w lAaf_ of Rabir. A. aebucn mQyy -l, b d+1 _[1lt,r~l g-2o(. alzioc 4' La. CUTr_„oc u - 3. That the property which is the subject of such Petition is located in the following zoning district: Q-2c 4 That bl s ch Petition the undersigned will request the following relief: _C. CdU C[to n oV - Fronk ~u>=o 5e~bnc~s• , 5. That the provisions of the Southold Town Zoning Co~1e applicable to the relief sought by the under- signed are Article j1,- Section 100 -32- i AR.-r 4111 Scc. 100 -,;L!,9.4 EK] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you 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. /.i Dated: Petitioner Owners 'Names: Et eft &ZA Su{ 1k P st Office Address uun CI0 C- ME-'5(A tQ() WC_ 12. fn ILL DoNU LA•~ E.MokILI+t5 )Y IIg4O Tel. No. (51 t0 ) 813- 8951 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF 'JOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS Z 318 243 4011 Receipt for Certified Mail No Insurance Co•-'~ 10'+Ided oo not use for nal Mail sna rcee ce.,e.~et Dorothy Katylak Pinewood Road Cutchogue, NY 11935 $ O Postage eD E Cr,t,ad Fee _t O a- SOecla, Dalrverv Fee 0 Resvicteh Deliv _ Ratwn c if 'rad o Wh Rem Re Pt. o Whom Date anal d&s, es, TOT Posiaga S, & Fe Postm pfsate ,A^ ~ r 1J11 VV p , . STATE OF NEW YORK) ss COUNTY OF SUFFOLK) w /eSJ!/~~( residing at being duly sworn, deposes and says that on the /1P day of 19 7'S deponent mailed a true copy of the Notice set forth on the re- verse Ale hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of :he Town of Southold; that said Notices were mailed at the United States Post Of- fice at JourH aid ; that said Notices were mailed to each of said persons by (certified) (F4gkAered) mail. , Sworn to efore me this day of 19 Notary Public HELENE D. HORNE Notary Public, State of New York No.4951364 Qualified in Suffolk County Commission Expires May 22,19_Z? (This side does not have to be completed on form transmitted to adjoining property owners.) FOWA NO. 3 TOWN OF SOUTHOLD 19, BUILDING DEPARTMENT TOWN CLERK'S OFFICE ~i SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ..:Fune...15 .................1 19 95... Catherine Mesi.ano a/c (C /V Frank Palumbo) - Suffolk County 12 Mill Pond Lane East Moriches, N.Y. 11940 PLEASE TAKE NOTICE that your application dated , June 19 95 for permit to CONSTRUCT A ONE FAMILY DWBLLING b DETACHED GARAGE.. at Location of Property 9206 BRIDGE LANE CUTCHOGUE, NEW YORK House N . Street * ,Hamlet County Tax Map No. 1000 Section 73 Block ~ Lot . 3' 3 Subdivision Filed Map No. Lot No. .ARTICLE III SECTION is returned herewith and disapproved on the following grounds UN.DER. . 100-32 PROPOSED CONSTRUCTION WILL HAVE INSUFFICIENT FRONT YARD SETBACK AND UNDER SECTION 100-33 ACCESSORY BUILDINGS SHALL BE LOCATED IN REQUIRED REAR YARD (c) WITH CONDITIONS MAY BE LOCATED IN FRONT YARDS OF WATER FRONT PARCELS. UNDER ARTICLE B%III SECTION 100-239.4 PROPOSED CONSTRUCTION IS LESS THAN 100 FEET FROM SOUND BLUFF OR BANK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280A APPROVAL AND ACTION REQUIRED BY ZONING BOARD OF APPEALS. ACTION ALSO REQUIRED BY BOARD OF TOWN TRUSTEES AND SUFFOLK COUNTY HEALTH DEPT. ...........................................h....................... NOTE: APPLICANT MIGHT CONSIDER GARAGE CONSTRUCTED AS PART OF HOUSE. SMil~i'ng Inspector Thomas J. Fisher RV 1/80 QUESTT-CITNAIRE FOR FILING WITH YOUR Z.B A APPLICATION A. Please disclose the names of ;the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet m~ay be attached.) &E,vK -,Lout se f141_UMJ60 /n .vrQfF r To Ou46k,4s6 • M/+2y E/•/zA/j er" MuRP/FY PKop~ y ,Cra,- SUVFOi r npu urY a=yet nr~n -n ca rr B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes { } No. Uf Yes, p Baca attach copy of "conditions" of sale.) C. Are there any Proposals to change ar alter land cpntcurs? { } Yes I A No D. 1. Are there any areas which contain wetland grasses? A0 2. Are the wetland areas shown on the map submitted with this application? ,w 3. Is the property bulkheaded between the wetlands area and the upland building area? A J 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fens which wrist and are not shown on the survey map that you are submitting? L)QA e- If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? no he- If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? A_ If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ctcA- Proposed use and _p 1211..ST2VCS-/O aJ of 5/,v E• r- ~ m,c.y / we ci.v5 Autn+orized Signature and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN - The Town of Southold. TRUSTEES - The Board of Trustees of the Town of Southold. (Added 6.5-84 by L.L. No. 6.19841 WEZA.NDS (Amended 8-26-76 by L.L- No. 2-1976: 3-26- 85 by LL. No. &-1985): A. i1DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on. tidal waters- or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal match r subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march rardgt'assand/ar (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 2.23.83 } '10 e.eA ICI j i O m¢3s a olxe.wu. aL r,ort,+n5 i B wlk. p xx3 axr .,ax. ^QQC' 10 y0 Fp ,u. • 3cr p /9 0tiA1 AID t I"~, of" niBA 14I D ..`k Poop I~ 1e C °R ~aNa . Y ~ ft' 3 a~Y 3 e I "A N 0 o O . x_\ Cpl ' 8 (.O app usAla s .yJ ' E.R 16BAb1 - lilllyl - _ pa THE SOCIETY FOR THE ? PROPAGATION OF THE FAITH t. FOR PARCEL N0- FOR EL No. n 34o .40~ ~Or ~0) _ ' SEE SEGIq. Z.-m-C0].) - EEESEM aE4'02-0011 WCN SEE SEC W. OM ~ SEE EEC. M. LINE ON - - LIME S R. "ReLr _ Legend COUNTY OF SUFFOLK '°"°fs NIOIAEL BAKER. M. r^nV L. __.r-~_ M.YI[.X.a P„na Cry- T... L r..•.. r s+A,_L L. Real Property Tax Service Agency w~aEa R.dnrn. Pe..ryl.~n Rn4.3 Q XJM P~,.r q1 On OA YLL[ w rkf 3 County Csnler SR&ecTw IPIO ox• Riverhead, 1. I., Ner Yoh V 171 L - ----r-r- -q V' S ~.vy Yl' 1 i iit .:t1i11j5at:• fWLLltMAV } lob 4!- L4LU WO :t 1 ~J P 1 4 r_O., OF E3L.UFP f\ ` 4 I ~ lam" ~ :t2 ~ x v~- p• eA~i/? J 150 - N SUFFOLK Cd. HEALTH DEPT. APPROVAL H.& NO. SD 78 177 STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL o y ` I j - - - I SYSTEMS FOR THIS RESIDENCE WILL V V cat CONFORM TO THE STANDARDS OF THE 6 b Cu r~ E ;CX3t~ - SUFFOLK CO DEPT. OF HEALTH SERVICES. u~ ~°s c~ . ~01ti'Cd OF= Sp(j n fOL_o, (S) APPLICANT :c t ' r SUFFOLK COUNTY DEPT OF HEALTH - SERVICES - FOR APPROVAL OF I $ ` f~ 1',! " CONSTRUCTION ONLY DATE: / f H. S. REF. NO I/ - S G - 7, $ "7 APPROVED: a. \ r9etE 2 % SUFFOLK CO. TAX MAP DESIGNATION: tR 00 DIST SECT BLOCK PCL. 100C 0~2 J / OWNERS ADDRESS: acres ? % v = nail G 5fk. DEED: L. P. 263 J _ TEST HOLE STAMP' ^YY ~ ~ ~ ( ~ ~ C sin har c 5dnd,/ n r I{ 1 ~ io~rm J ~ Amended Dec. 1990 4 z a ons oc ins - - UC: f= ir70i 20 (5 l J 28 7 Y y SEAL C- t_ . 6Unr,~ sfr~r~ o v 7",,; t ~!'i9 3 U. S. Lrfe rf/E hlsurbr.cE QI F n O ~ as ~ur've<~,gr ._ru~r~ ?6, ;'f12. r/~cK v r " RODERI K VAN ~UYL, P.C LICENSED LAND SURV YORS o - _o rl~~ y 2 GREENPORT NEW YORK N017N / 1 D~~ ,albb ~ _ - ~s& ' V y~ ` eL ;V, W Awl ore '544 'Si CIO! TOIS /b~a/O (O afro uno6 bA ~N~ ? lr `J~ 1x6. ~ T'-'. .NL9.o DF ,eadE.PrY y04& q41. Lew,y~os p ; ~Q r .fC79LE/~=.30' < t~ ~ bpi y,a- Isle • Ja y, /DEMp1EY . ti r N~ Lo72j A/iNO~P .~1.(Cf0/?/1?G~/ /i/.91.~F~~d6 •f~.f• 3 3 6 6 ? L..fli~/ eLi{~y/.v.9..Ci~EQr/•P.Y~.I'III.PYEl/I/fBG7H~/sLPFri'~M~I.P'••N/9/9Gb ~F-NEW Y - 4 A~.' .PiGls'r: DF ~i~Y ~ 8r Pater e lY.nvTurt . , M r - cr!/I~,0~7fE0 .T: ~c1G~ilr-'~tO~'lY~.ctft-~'?.C. ~ -c+ .U•Y'f''//' ZG"~'(/ 1403S• I~•rle ty/f! /ydL ~nro Raz~?i~Ae ?'Ar~ FPSrA.•~serrav .rTEC \ - Al/liYQNy/'1/ LEH!/S'NL?7iv"~t'i • T/TL6,rit/Jr~e~~F~ ~/ar? o.Q FopsfE~CIY ~ hh LANO ~~?EX'k' ~ ~ ~~ls'°~~i y ~ s f~~K L'e. TAX M.9P/1/o /000-o73-aZ-o.3.6 All !`t.WP OF PROPERTY H. S. No. SurzVEYED FC7t.;, ~a i FRAfi V Eby 11\1 uoUI SE Q F'AL MB AIT STATEMENT OF IN7gNT CCJTCt-tnxt~UF v I THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL TOWN OF SQIJT}~Q_- i A,i•Y `S + CONFORM TO THE STANOA,RDS OF THE OF SUFFOLK CO. DEPT. OF HEALTH SERVICES. Q - l (S) 2 APPLICANT o, 1 } t SUFFOLK COUNTY DEPT, OF HEALTH rlAv,_ n7 i SERVICES - FOR APPROVAL FOR ~?S I 3. - tic CONSTRUCTION ONLY 5 e %W 40rF4 2 ` t, _ DATE; I a ` T'- ' a t H. S. REF. NO.: <i APPROVED: N SUFFOLK CO. TAX MAP DESIGNATION: 41 4rt tt¢77~F , DIST. SECT. BLOCK PCL. INI, r. f 4 o~y fo 7 I ~tD00 ?3 ? 33 lI)'C~ ~h t - r• - owNtras AaaRsi: / r7 3~7R Z 1 IS'" 8 C>t _ F 75 ;1! It AS4 8134 t•- V i' 'tires Jc..... 6L` C it71} q r t +r TEST HOL m ns lluinol c Y~7~..` jt ,S r.r 1(I hon 7109 of CC, ,,ion Lave ele New York Syy 1 lXt- 4dy.. _ Con ol lys survey mvP not bae ' •~r• ~ MC. Pea suf.profs inked, anal or ' `7 'e CSOe shell V /1 Is 'w ~ `8•`. ~.A-p. Q to be vacC:,I eyP, be ccnskwy / ;4,_ / i•~ Gcaran,e..s indicated hmeon sh,, ran to the person f., ho wmlf wnpy LL1 W ~ the 1 - serepared. and on his behalf to ? x { i tihe aomPang 93WnlnlaMala die nP: n ? V',f~X v~~ lending ba lutlon listed hereon aw and \ 10 the asaigneea of the wncing hit. / ` I m o ace Guarantees are rot tnm(enby niabs, nel bstamiwle ar adep t c/ y, 13V- Nt cs f 6,2~ as t..~ti1~I'~a t.1 k .ry r E' Ty.~F,.A('1 Ii Si ~T'L~: I f h ~O JG 9 . dQ ' ,.."At l e t - * ¢ .e ms +.0U+2AhlCF CO ~ A5 SLi21iMG 12DAp f i u. L~ r ` 7`'C, E r=. A! -•t; a n _'i wI(i L''r RODERICK VAN TUYL, P.C. 10 w Sysv0'<S255- LICENSEO LAND SURVEYORS ~O knNO s~P GRfENPQRT N%W YORK L APPEALS BOARD MEMBERS ~0~0$UFFO[,~ CO v` G Southold Town Hall Gerard P. Goehringer, Chairman o y' 53095 Main Road Serge Doyen, Jr. C02 x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD July 7, 1995 Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 Re: Appi. No. 4321 - Frank Palumbo as Contract Vendee Dear Mrs. Mesiano: Supplementing our June 28, 1995 letter to you, we are transmitting herewith for your (or the engineer's) response and input a copy of the recent evaluation report prepared by the Suffolk County Soil and Water Conservation District requested by our office. This report has, of course, been made a permanent part of this file. Yours very truly, Linda Kowalski Enclosure s APPEALS BOARD MEMBERS SCOTT L. HARRIS r Supervisor Gerard P. Goehringer, Chairman .s Serge Doyen, Jr. Town Hall, 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Robert A. Villa Southold, New York 11971 Richard C. Wilton ==f Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD Appl. No. 4191. ANION OF THE BOARD OF APPEALS Upon Application of BECKY JOHNSTON for a Variance under the provisions of New York Town Law, Section 280-A, for acceptance of minimum standards of improvements over new easement right-of-way areas, as modified since the prior Appeal Hearing and Determination rendered under Appl. No. 3478 on 9/11/86. Location of Right-of-Way or Easement Area: Commencing at a point along the north side of Oregon Road, Cutchogue, along the westerly side of lands of Bokina, over lands now or formerly of William J. Baxter and others identified as Lot 1.9, Block 1, Section 72, extending northerly approximately 1035 feet, to a point, thence running in an easterly direction approximately 563 feet to the applicant's parcel of land identified as Lot 1, Block 2, Section 73, District 1000, all as shown by survey amended June 17, 1992, prepared by Roderick VanTuyl, P.C. WHEREAS, a public hearings were held on October 18, 1993 and November 8, 1993, at which time those who desired to be heard were heard and their testimony recorded (see transcripts of hearings prepared under separate cover, the original of which is filed with the Town Clerk's Office); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. RELIEF REQUESTED. This application is an appeal for for a determination as to the standards of improvements necessary over two portions of this private right-of-way, noted as follows: a) The portion which extends in a northerly direction from Bridge Lane Extension (at intersection with Oregon Road), over land now of Stanley Wernick (prey. Baxter) extending Page 2 - Appl. No. 4191 Matter of BECKY JOHNSTON (280-A) Derision Rendered November 8, 1993 approximately 1860 feet northerly, for a width of 20.15 feet as more particularly shown on the survey map prepared November 5, 1993 by Roderick VanTuyl, Surveyor, P.C.; and b) The remaining portion which extends in an easterly direction from that right-of-way referred in "a" above, for a distance of 545 feet over lands of Bokina, to a point within the first 20 feet of the applicant's property to which suitable access by emergency and other vehicles is the subject of this application. The presently traveled portions of this east-west right-of-way are more particularly shown on the November 5, 1993 survey map, and will, of course, need to be modified to meet the conditions of this determination (noted further below). Approximately one-half of this east-west right-of-way is shown to be 20-ft. in total (paper) width and the remainder 15-feet in width. Also, copies of easement agreements affecting the subject access routes have been made a part of this record. 2. PRESENT CONDITION OF RIGHT-OF-WAY. The condition of the base of both the north-south portion of this right-of-way is in excellent condition and does not need further improvement at this time. The base of the east-west portion of this right-of-way needs excavation and improvement with additional fill, compacting, and regrading (further noted in Board's Resolution below). 3. In considering this application, the Board also finds and determines: a) the benefit to be afforded to the applicant is greater, as weighed against the detriment to the health, safety, and welfare of the community at large; b) the benefit sought by the applicant cannot be achieved by some other method, feasible for applicant to pursue; c) the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, and measures must be taken by the applicant to prevent water run-off from the right-of-way to prevent further disturbance to the farm to the south; d) the difficulties created are related to the land and history of the area, and are not personal to the landowners; e) this application, as conditionally granted, will not be adverse to the preservation and protection of the character of the neighborhood and the health, safety, and welfare of the community. Page 3' - Appl. No. 4191 Mater of BECKY JOHNSTON (280-A) Decision Rendered November 8, 1993 Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to ADOPT the following standards of improvements, and conditions, in this request for relief under the provisions of New York Town Law, Section 280-A: 1. The entire length and base of the east-west right-of-way (at the northerly end) must be improved a minimum of 10 feet in width, and have an unobstructed clearance at 13 feet in width within the easement areas, including driveway area to the applicant's residence; the unobstructed clearance includes the removal of brush and tree limbs up to a height of 16 feet from ground level. 2. The entire length and 10-ft. wide base shall be contoured to accept a positive flow (of rain water) to the north; 3. The entire length and 10-ft. wide base of the east-west right-of-way to the north shall be improved and regraded as follows: a) excavate to suitable base (3" or 4" deep, or more as necessary) and regrade; b) place four inches {4") of compacted stone blend for a full width of 10 feet, the entire length, {and scarified where necessary); c) any depressions, now or in the future, must be filled with bank run (20% content) for the entire length of both rights-of-way, and the rights-of-way must be continuously maintained; 4. Unobstructed and cleared shoulder areas (1-1/2 feet wide) at each side of the 10-ft. wide right-of-way base shall be provided and maintained in good condition at all times; the shoulder areas must also have a height clearance to 16 feet from ground. 5. Proper drainage shall be cantered to the north to accept a positive flow of rain water. 6. Both rights-of-way must be kept in good condition at all times, and continuously maintained. In the event this right-of-way is found in poor condition, the Town may take whatever action is necessary including the rpcpening of this application, after due notice and public hearing, and/or require • A Page 4 - Appl. No. 4191 Matter of BECKY JOHNSTON (280-A) Decision Rendered November 8, 1993 new applications for this and/or other properties in the area utilizing these same rights-of-way as their only legal access routes; and 7. After the improvements have been built along the right-of-way, the contractor shall provide a confirmation of the ,materials used and a brief description of the work performed, and submit this with his written request for acceptance of said improvements by the Board of Appeals. It shall be the authority of the Chairman (or alternate Board Member) to accept or reject the improvements made, or require other modification for further improvement for better maneuverability within the easement area as may be reasonably necessary. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAI D T D Y. 11971 oil HENRY E. RAYNOR, Jr., Cha nwn TELEPHONE JAMES WALL 765-1938 BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. August 31, 1982 Mr. Victor Lessard Building Administrator Southold Town Hall Southold, New York 11971 Q„ : p~ Rfj(v l Re: Baxter Properties Dear Mr. Lessard: The following action was taken by the Southold Town Planning Board, Monday, August 30, 1982: RESOLVED that the Southold Town Planning Board approve the access to lot number three on the subdivision map of Baxter Properties, located at Mattituck, for the issuance of a Building Permit, subject to the applicant complying with the recommendations stated in Inspector Davis' report #215 regarding improvements on the right-of-way before the issuance of a permanant CO. If you have any questions concerning the above, please do not hesitate to contact this office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD - ~ By Susa E. Long, Secretary cc: Robert Wendell 70: lien y E. Raynor, Jr., Chrirm<m Report "io. 231 Southold Town 71 •nting 9oard ^014: John W. Davis Date: July 9, 1982 RE: aX^iR PROPJ27IF1S, LRC. , iAnor Subdivision at Cutchogue Inspection of R.O.J. and Access Road CO1•C~.E::TS: I made an insnection of +he R.O..4. and acress road today as rea.lested by hir. Wendell who advised that the road work and driveway entrance into the property was now completed. The access road from Oregon Road to the west S'-de of Lot No. 4 (new house on this lot) is satisfactory. Additional gravel was added to the bankrsn material brought in first. The R.O.d. for the remaining length is only partially cleared and there is no road imnrovement in front, of Lo' s Wos. 1,2 and 3. The lower branches of three large maple trees in front of the 11okina house have been trimmed for clearance. The maple tree in +he ^regon ,load R.O.W. at the zecess entrance does not anrear to be too much of on obs-ruc'ion and could remain. The driveway into Lot No. u and parking area ;here hrs 211i' of crushed binestone on a bankrun base. ''his area °_s lrrge enoulvh +o ren•:it ec:er~cncv vehicles to exit by making turns. SEE 3KEITC 'RELCV. ~~444e4-11 1 241 g' N 11d,1± m o + DFV. ErF ; . 14'., - FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No . Date f~jiSGZ......, 19 To c!y! lL2Gc 5. ~L 4 cl l a/c( i4i ` , PLEASE TAKE NOTICE that your application dated ?.C 19 d at for permit to construct ..../F//f.~ .~,[./~/<j/!rZ, ~ . /n............/.. I Location of Property ~ 111 , l / . , , , House Na. / Street ~ffamlet County Tax Map No. 1000 Section Blocky D,/ Lot?iO.../P;::? ( . Subdivision ....6 Filed Map No. Lot No. f is returned herewith and disapproved on the following grounds :~!/!<i~4 ..l.....l"e° ~!!~ccl. Z Building Inspector RV 1/80 PORN NO. S TOWN OF SOUTHOLD BUILDING DEPARTMENT ' TOWN HALL SOUTHOLD, N. Y. r. 5 BUILDING PERMIT } ~ T.5 F s* r n~a` +V r { y~'(kr:j ~w~J"' ~1T „~y,f f. .r a f~~:. f " (THIS PERMIT MUST BE KEP ONrNTHE PREMISES UNTIL FULL »+;T l '+9'9't.11°r f , Yi u ~ , '~~SKN+ F COMPLETION OFTHEWORKAUTHORIZED) t+' a if - as U ~ , , .x F1 $x ~f ~P` a ~y'r G t~' ! 3'+'tb ~ ~ i ? %~S' 'hx T 1fr 6 + -a a ' Q ~O f f yt a Y r 1Y' Sx M.T r5lsi pB1mISS10FH IS- erelgR~[1 1C4 r k 14 7ti m~ ~ 'iWl Iuit{ hY w^'a z k d(~,~r w 4~ r u el~, { FI'' N'1`~ xxaz ~ s ~ ~ n y y 3' I j,~^ n ar tT~ ti+a, ! i r Nte}p-M e;,l.Y 7 "l0" R Yd n e t' a~c~ F b"~ wi ~z :.rb 727 t'y%'f kT L? .ril L 4.+ Ia at premises located at ~[R~..+` LL ' - - - - t' County Tax Map Ko. 1000 Sectior~QtX _ Block Slr.. » Lot No: 07 Pursuant to application dated 19dGf, and approved.by the Building Inspector. Fee.$~ *j(f... !f B ilding Inspector Rev. 6/30/80 paa OIL ~tliL ~21s?~ 1610^f-.. T4 OW °1610.. -90 Ojo's r 'f~^+'~~. i 77 is IN, 2-3-tOE A2MOR / ~-'H^•6` ` ON =qG 6TOWL2 p I N `g! \ FILTER CLOTH A` q~ i i " 00 xi-c let- vccc_G J 4 a CATHERINE MESIANO, INC. Licensed Real Estate Broker Real Estate Consultant V June 19, 199 Town of Southold Zoning Board of Appeals P.O. Box 1179 - Southold, NY 11971 Re: Frank N. & Louise O. Palumbo NIS of R.O.W. north of Bridge Lane, Cutchogue, NY SCTM # 1000-73-2-3.3 Gentlemen: I have been retained by Mr. Frank N. Palumbo for the purpose of making application for the necessary permits for the construction of a single family dwelling at the above referenced location. Application made to the Southold Town Building Department resulted in a disapproval based on various sections of the Town Code. Therefore, relief from the decision of the Building Inspector is being sought. On behalf of the above referenced applicant, enclosed please find the following: 1. Copy of the Notice of Disapproval from the Building Inspector together with copies of the application and map. 2. Variance application. 3. Environmental Assessment Short Form 4. Z.B.A. Questionnaire. 5. Original survey - 4 copies. 6. Filing Fee check in the amount of $600.00 made payable to the Southold Town Clerk. Proof of certified mailing to adjoining property owners will be submitted under separate cover. Should you require any additional information, please do not hesitate to call. Your courtesy is greatly appreciated. Very truly yours, atherine A. Mesiano, President enc. 12 Mill Pond Lane . East Moriches, New York 11940 • 516.878.8951 X 1416+ 121871-Text 12 ' PROJECT I.D. NUMBER 617.21 S EO R Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT (SPONSOR 2. PROJECT NAME n1K N• LUMP~o R.o w N 1 F1L`L r Hoc 1. PROJECT LOCATIO MunIDlDallty (vTGrt U County IS Ur --O C.1 a. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) /U13 of R.O.W. NI 612/6hLe LFl. ('~{c.~due. ec tfu_~1~~(M.yo) 5. IS PROPOSED ACTION: ZNew ?Exoansion ? Modlflcatlonlaneration 6. DESCRIBE PROJECT BRIEFLY: Con5~2 uc7/e~ o.F' a .srnyle /r M-y Clxc/ a- C~1-/L />Er~9 crr-~, 70L vT ry Ed tti+7d W,9-7-E2 SuP,pLy Ctn.~J SGw~e~6 /)15,00SAL, 5yS TGM, 7. AMOUNT OF LAND AFFECTED: Initially /•j acres Ultimately / acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ? Yes No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ? Residential ? Industrial ? Commercial Q Agriculture ? PaddForest/Open space ? Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL(? -A /LECrp 2 Yes ? No if yes, list agency(s) and permitlapprovals IV V'5 /)C_e*_ (Errrr2 0< Nu.v-SuKr30rJroN SouTµor.J 13UR,])IA/6 DsaT - 13cn/41w, PE2 T~ 5 C N-V SE~lrc7c 1J rSfbSAC r(y E.C SMOG JO/ HOt A T4C 57EE.3- ~rok/,5bkT/Q.l//9L !)L7E2M/,t/q /dN 11. DOES ANY ASPECT OF THE ACTI.:N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ? Yes R N• If yeo, ii3t agercy name and permnlapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? El Yes E No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantlspons name: Fp, n A)K U b ~ s ~ Date: Signature: .CJ It the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will Le made Ly this ooard before any action is taken. SHORT ENVInONMENTAL ASSESSMENT FOR,`1 INSTRUCTIONS: la) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. _ (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more - than 10 acres of land? _Yes _NO 2. Will there be a major change to any unique or unusual land form on the site? _Yes No 3. Will project alter or have a large effect on an existing body of water? _Yes No 4. Will project have a potentially large impact on groundwater quality. _Yes -No 5. Will project significantly effect drainage flow on adjacent sites? _Yes No 6. Will project affect any threatened or endangered- " plant or animal species? _Yes No 7. Will project result in a major adverse effect on air quality? _Yes -No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? _Yes No 9. Will project adversely impact any site or struct- ure of. historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? -Yes -No 10. Will project have a major effect on existing or future recreational opportunities? -Yes No - 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes No 12. Will project regularly cause objectionable odors, _ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes No 13. Will project have any impact on public health or safety? Yes -No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the --Yes No character of the community or neighborhood? 15. Is there public controversy concerning the project? _Yes -No preparer's Signature: Representing: 28A 9/15 Date: X QUESTIONNAIRE FOR FILIJTG WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet/;nay be attached.) ~aANK ~Lo U/SC 1'/I_UM60 1A CQA/T,QH(,T To 19ukc#193t MA2Y E/_/zR/SErK Mu PHY _nlGmK n/e..~A- eDEEMnF ~KaPe~+r ~'ro^'' SUFFOL C 0p4 vTY rYY /IC„n,cn CO IN Tr B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? ( ) Yes { ) No. (-If Yes, please attach copy of "conditions" of sale.) C. Are there an7 Proposals to change or alter land contcurs? { ) Yes 0C) No D. 1. Are there any areas which contain wetland grasses? A 0 2. Are the wetland areas shown on the map submitted with this application? no 3. Is the property bulMeaded between the wetlands area and the upland building area? A0 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fencrs which exist and are not shown on the survey map that you are submitting? none- If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? no ne- If yes of your buildinI please the Bui copy Department. fp none, and map as approved by the Builds lding please state. H. Do you or any co-owner also own other land close to this parcel? _Li0 If yes, please explain where or submit copies of deeds. 1. Please list present use or operations conducted at this parcel proposed use ~nnv2c cro oc 5/vE and Autnorized Signature and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN - The Town of Southold. TRUSTEES - The Board of Trustees of the Town of Southold. (Added 6-5.84 by L.L. No. 6.19841 WETLAAIDS [Amended 9-26-76 by L.L. No. 2-1976; 3.26- 85 by LL No. 6-1985k A. i1DALWETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on. tidal waters. or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet including but not limited to banks. bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel. marshmallow and low _ march cordgr,=aod/= (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet. land," as defined in Subsection B(1) and lying with. in seventy-five (75) feet landward of the most land. ward edge of a "freshwater wetland." 9705 2-as-ss Southold Town Board of Appeals MAIN ROAD -STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3564 Application for Variances TO: Patricia C. Moore, Esq. [Appellant(s)] Edson & Bruer, as Attorneys for JOHN DEMPSEY Main Road Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on November 18, 1987, the above appeal was considered, and the action indicated below was taken on your [X] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a, and [ j Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article XI Section 100-119.2 [ j Request for Application of JOHN DEMPSEY/ROBIN RAEBURN for Variances: (a) for final approval under New or Town aw, Section 280-a over the existing private right-of-way, and (b) for permission to locate proposed dwell- ing with an insufficient setback from top of bluff along the Long Island Sound, per Article XI, Section 100-119.2. Location of Property: Extending at the north end of a private right-of-way (traveled over lands of Bokina from the north side of Bridge Lane Extension and Oregon Road in a northerly direction) to the subject premises identified on the Suffolk County Tax Maps as District 1000, Section 73, Block 2, Lot 3.6 (prev. 3.4 and 3.5). WHEREAS, a public hearing was held and concluded on Novem- ber 10, 1987 in the Matter of the Application of JOHN DEMPSEY under Appl. No. 3564; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question; its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. The premises in question is located in the A-40 Residential Zoning District and is known and referred to as Lot No. 2 on the Minor Subdivision Map of Robin A. Raeburn and Mary Elizabeth Mur- phy prepared February 5, 1979, amended September 26, 1979, by Roderick VanTuyl, P.C. and endorsed by the Chairman of the Southold Town Planning Board on October 2, 1987. 2: The subject premises contains a total area of 48,525± (CONTINUED ON PAGE TWO) DATED: November 18, 1987. CHAIRMAN,. SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appl. No. 3564 Matter of JOHN DEMPSEY Decision Rendered November 18, 1987 sq. ft., is presently vacant and is identified on the Suffolk County Tax Maps as District 1000, Section 73, Block 2, Lot 3.6 (formerly 3.5 and 3.4). 3. By this application, appellant requests: (a) Variance from the Provisions of Article XI, Section 100-119.2 for permis- sion to locate a new single-family dwelling structure with an insufficient setback from 75-ft. bluff contour line at 22± feet, and 28± feet from the top of bluff (at the outer edge)-see Map prepared by Anthony W. Lewandowski July 14, 1986); and (b) Variance pursuant to New York Town Law, Section 280-a for final approval over existing right-of-way. 4. Article XI, Section 100-119.2, subparagraph A[1] requires all buildings proposed on lots adjacent to the Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff, or bank. 5.- On-site inspections find as follows: (a) the predominant vegetation on the bluff face is Bayberry; however, areas along the top 20 feet of the bluff face are completely bare of vegetation; (b) the bottom third of the bluff face from the toe of the slope to approximately 40 feet up the face is also completely barren of vegetation:-'This is a very critical area and poses a great threat of erosion from wave action during storm activity. Without the necessary support at the toe of the slope, the soil above will slide downward and erode during or following storm activity. Any structures in close proximity to the edge are in danger of falling over if such erosion should take place; (c) the toe of the slope must be stabilized to prevent continual erosion of the bluff with a bulkhead or similar structure. 6. The dwelling as proposed is shown with a setback at 80± feet from the southeasterly corner of the dwelling and at 50± feet to the southerly property line. The angle of the bluff line is almost parallel with the south- erly property line, and the dwelling is angled 30± degrees to the north. 7. The upland distance between the outer edge of the top of the bluff and the southerly property line averages to 114± feet. The dimensions of the dwelling proposed by this application scale to 60 feet wide by 35.feet deep. The total setback footage of the remaining open yard areas is 79± feet (114 less 35). The Board agrees the property is unique and variances are warranted; however, the close placement of the dwelling to the bluff edge not only appears- unsafe and unreasonable, but also unwarranted. 8. Although there is a dwelling existing along the Long Island Sound bluff 225 or more feet (to the east) and a dwelling existing further to the west of the subject parcel, each parcel is unique not only as to size, shape Page 3 - Appl. No. 3564 Matter of JOHN DEMPSEY Decision Rendered November 18, 1987 and character, but also as to eroding bluff conditions. This Board finds that no structures should be permitted closer than 40 feet to the highest point of the bluff (or the 75-foot elevation line under consideration) for purposes of safety, health, welfare, convenience and order. 9. The right-of-way over which appellant has requested 280-a consideration is situated at the north side of Oregon Road (and Bridge Lane Extension), and extends in a northerly direction along the east side of Baxter's right-of-way and over lands of Bokina, a distance of 1868 feet, more or less, to a survey monument, then extending in an easterly direction along the northerly portion of lands also of Bokina, to the subject premises, a distance of 250 feet, more or less. 10. The applicant'and his attorneys are aware that this Board does not have authority to determine or grant right-of-way easements; and this action does not grant or otherwise affect the appellant's rights, if any, to enter over and upon these lands. 11. It is also noted for the record: (a) that under Appeal No. 2609, a conditional 280-a Variance was granted on January 22, 1980 concerning this right-of-way; (b) that under Appeal No. 3478, a conditional temporary 280-a Variance was granted on September 11, 1986 concerning this right-of-way; (c) that to date no improvements have been made which would satisfy the requirements of the prior Z.B.A. actions or the requirements of New York Town Law, Section 280-a. 12. It is again the opinion of this Board that improve- ments will be necessary upon the right-of-way for sufficient access by fire and emergency vehicles, as further noted below. 13. It shall be understood that no building permits shall be issued or construction take place until compliance with these requirements and pursuant to New York Town Law, Section 280-a. 14, In granting alternative relief herein, the Board finds: (a) the relief is substantial in relation to the requirements; (b) there will be no substantial change in the character of this district; (c) the relief as conditioned herein will not cause a substantial detriment to adjoining properties; (d) the circumstances of the property are unique; (e) there is no other method feasible for appellant to pursue other than a variance; (f) in view of the manner in which the difficulty arose and in consideration of all the above factors, justice will be served. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that: (1) The application as to an insufficient setback.from the top of bluff as applied is DENIED; (2) Alternative relief is GRANTED for a reduced setback Page 4 - Appl. No. 3564 Matter of JOHN DEMPSEY Decision Rendered November 18, 1987 from the top of bluff at not less than 40 feet for the proposed dwelling, SUBJECT TO THE FOLLOWING CONDITIONS: (a) No excavation or disturbance of soils within 37 feet of top of bluff; (b) All water runoff shall be retained toward the house [to the south]; (c) Small two-to-three-foot high berms shall be placed along the southerly property line (to aid in the prevention of flooding of neighboring properties, farm, roadway, etc.); (d) The subject premises remaining as a whole parcel, without division, and more particularly Lot No._2 as shown on the Minor Subdivision Map for Robin A. Raeburn and Mary Elizabeth Murphy approved by the Southold Town Planning Board. 3. The application as to approval of access under New York Town Law, Section 280-a, is hereby GRANTED, SUBJECT TO THE FOLLOWING CONDITIONS: (a) Such access road shall have an unobstructed width of not less than.-fifteen feet (except at the point where the barn exists), and improved as follows: 1. Surface with a minimum depth of four inches of packed 3/4-inch stone blend, either applied to the ground surface and shaped, or the surface be excavated to permit the application of packed stone blend to a depth of four inches (or more), OR 2. Remove top layer to a depth of eight inches and then fill with eight inches of compacted bank run, and then surface with two to four inches of 3/4-inch stone blend; 3. Oiled with a minimum of 4/10ths of a gallon of road oil per square yard. (b) No building permits, temporary or final Certificates of Occupancy shall be issued until such access road has been constructed in accordance with these requirements (after notification to the Z.B.A. Office in writing). The Board of Appeals may make any reasonable exception it deems appropriate under the circumstances. (c) The right-of-way shall be maintained at all times in good, satisfactory condition; (d) The conditions hereunder shall apply to any and all lots claiming and requiring access over this right-of-way, and will also be subject to para- graph 3(b), supra [or as an alternative, re-apply to this Board under separate application for 280-a]. Vote of the-Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. ~e G ARD P. G EH NGER, CRAIRMAN .Signed: December 5, 1987 T pp~ . TOWN OF SOUTHOLU• NIaY Yolu( DATE ACTION OF THE ZONING HOAUD OF APPEALS .rI,peal No. 2609 Dated September 12, 1979 WTION OF TIfE ZONING BOARD OF APPEALS OF '1'111: 'T'OWN OF SOUTIfOf.D 'r„ George C. Stankevich, E.q. for Robin A. Racbur.n and Mar Elizabeth Mur h - Appellant Main Road, Soutlolc, New York 11971 rd a mooting of the Zoning Board of Appeals ou January 22, L980 was considered and the action indicated below was taken on ll1C appeal Your ( X) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordiutuu•e ( ) Request for a variance to the Zoning Ordinance L 1SMN?IX1YIl2P,IC K101101N. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant- to Article Suction fiubsccLluu of the Zoning Ordinance and the decision of the Building ~ paragraph confirmed because October 11, 1979: 8:35 P,M Inspector ( ) be reversed ( ) be of Robin A. Raeburn and Mary Elizabeth Murphy,T ) Upon application Esq., Main Road, Southold, New York for a Variance Gforga pr Stankevich, cess, New York Town Law, Section 280A. Location of property: l of ac- Bridge Lane Extension, Cutchogue, New York; bounded north byrLong IslandSound, south by Bokina,'west by Bokina and Baxter Properties, east by Parr, (SEE REVERSE) 2. VARIANCE. By resolution of the Board It was determined that (a) strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because (SEE REVERSE) (b) The hardship created (is) (is not) unlque and (would) u shared by all prnpertles alike In the immediate vicinity of this properly and in lire snore used strict because (SEE REVERSE) (c) The variance (does) (does not) observe the spirit of the Ordinance and chance the character of tiro district because (would) (would r:aq (SUE REVERSE) and therefore, it was further determined that the requested variance that the previous decisions of the Building Inspector be confirmed ( ) be re granted ( ) be denied and ( ) ( ) reversed, TONING BOARD OF APPEALS FORAI ZB4 -v, •'^^i"^.yw.+wrv~..~.e'.t~•..~+~w,r;s~...v.+'T'ror.•e, r.. ..+.+rnrr'Ir-.~n~;sft.... / ter investigation and inspection, the Board finds that the a pplicante r0yuested approval of access to lots 'located ucear- long Island Sound and /and fore approved, conditionally, as a minor subdivie;ion by t-he Planning on November 14, 1979. The lots shown on the ,;ubdiv.i,;ion map 1,ave acco: e nearest public highway, namely, Bridge Lane Extension at its intersec with Oregon Road over a 16-foot wide right-of--way. However, upon nation of the site, the Board found that :;aid r.iyht-of-o-rty is riot open nobstructed throughout its entire length. It is obstructed by a barouse at the southerly end within 200 feet, approximately, of Oregon Roac The Board also found that there exists it 20-!root wide right-of-way (presently of Baxter Properties, Inc.) itmnediatcl.y west of tho above-mention( lG-foot wide right-of-way. The Board believes that if the applicants can ob- tain the right to use the 20-foot wide righL-of-way in the area in which thc. 16--foot- wide right-of-way is obstructed by buildings that the combined use of the rights-of-way in the area where obstructions are located would afford applicants adequate access to the lots in question. The Board finds that the circumstances present in this case ar(: unique and that strict application of the applicable laws would produce practical difficulties or unnecessary hardship. The Board believes that the grant of a variance in this case will not change the character of the neighborhood and will observe the spirit of the zoning ordinance. On motion made by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED, that ROBIN A. RAEBURN and MARY ELIZABETH MURPHY, by George C. tankevich, Esq., Main Road, Southold, New York 11971, be GRANTED approval of access, New York Town Law, Section 280A, SUBJECT TO THE FOLLOWING CONDI- TIONS: 1. That the applicants obtain the legal right to use the 20-foot wide riyht-of-way (presently of Baxter Properties) lying to the west of the 16-foot wide right-of-way (presently of Raeburn & Murphy); and that the 20-Loot wide right-of-way (presently of Baxter Properties) be used in con- junction with only that portion of the 16-foot wide right-of-way that is unobstructed by existing buildings for a distance commencing at the nurthcrly line of Oregon Road and extending northerly a distance of ap- j roximaLely 30,0 feet to a pint north of the c,xi.sti.ncJ -,~rti and or._house ,a,croaclunents of the 16-loot wide right-of-way. 2. That the applicants file with this Hoard an instrument granting applicants the right to use that portion of the above--described 20-foot wide right-of-way in recordable form. 3. That the right-of-way be suitably improved in accordance with the requirements of this Board adopted March 22, 1979. The full width and length of the legalfrights-of-way (presently of Raeburn & Murphy) and that portion, approximately 200 feet at least, of the 20-foot wide right-of-way (presently of Baxter Properties) being used conjunctively r;hal.l be improved in accordance with these requirements. 4. That approval and/or recommendations of the Suffolk County Manning Commission be obtained pursuant to Section 1332 of the Suffolk Country Charter. 5. That approval and/or recommendations of the Southold Town Plan- ning Board be obtained regarding the use of that portion of the above- dcscribecl 20-foot wide right-of-way (presently of Baxter Properties). Location of property: Bridge Lane Extension, Cutchoguu; hounded north by Long Island Sound, south by Bokina, west by Bok:i.na and Baxter Properties, east by Parr. County Tax Map Item Nos. 1000--073-002-003 and hart of 1000-073-002-002. dote of the Board: Ayes: Messrs. Grigonis, Dough,.^s and TuLhi.11. I,b: ent: Messr. Doyen. 7 7 J JUL - 7 K ~ COUNTY OF SUFFOLK ~ !I 0 p~' L A IFSA4 (gyp I ~e VIP ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE Thomas J. McMahon SOIL AND WATER CONSERVATION DISTRICT DISTRICT MANAGER 6GOMG Mr. Gerard P. Goehringer, Chairman /'t Town of Southold, Board of Appeals i's 1995 u July 5, 1995 Dear Mr. Goehringer: I have inspected the site in Cutchogue known as the Palumbo property, on July 5, 1995, as you have requested. Inspection of the lot above the bluff top is virtually impossible. It was heavily overgrown with vines, weeds, shrubs, trees and many thorny vines. The only two areas where you could walk into were cleared by the surveyors to stake out the house corners. Topography was impossible to judge from this viewpoint. I met the neighbor to the east, Ms. Becky Johnston who allowed me to use her stairwell to see the bluff face from below. She expressed concern due to the active erosion beginning to erode around her bluff's bulkhead. The bluff face on the Palumbo lot is actively eroding and nearly devoid of vegetation, except which has sloughed off from above. There is no toe sta- bilization present on this lot or for several lots to the west. Ms. Johnston's lot is suitably protected by wooden bulkheading and is properly vegetated. There is a vertical lip on this lot which is approximately twenty feet high. The top edge is now eroded several feet back from Ms. Johnston's bluff top edge. Also, the toe of the bluff face is several feet back from Ms. Johnston's bulkhead. The normal high tide line appeared to be about forty feet from the bluff toe. Some trees are at the bluff's edge. The erosion from this lot has begun to cut away the corner of Ms. Johnston's lot, working its way around the wing wall of the bulkhead. Bulkheading is recommended to stabilize the toe of the bluff. It should be tied into Ms. Johnston's bulkhead to the east and tied back into the slope with a wing wall to the west. For a Professional recommendation on toe stabil- ization contact Jay Tanski at New York Sea Grant Extension Service, phone 632- 8730. He is located at the University Campus at Stony Brook. Normally we recommend cutting back a vertical lip to a natural angle of repose, however in this situation that would reduce the setback of the house by as much as twenty feet. It would also have to be graded back to the existing, neighbors' bluff top edges forming a dished bluff top edge. Since this may be impractical, an alternative would be to fill the bluff face with clean sand cont'd Riverhead County Center - 300 Center Drive, Room E-16 - Riverhead, NY 11901 COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE Thomas J. McMahon SOIL AND WATER CONSERVATION DISTRICT DISTRICT MANAGER Palumbo Property Site Inspection: cont'd to make it even with Ms. Johnston's. Sand could be taken from the excavation of the house and dumped over the bluff top edge after installation of the toe stabilization. Also, removal of existing trees at the bluff top edge and on the bluff face is recommended. They should be cut down at the ground surface and the root system left intact. Removal of the root system would cause further soil disturbance. When this is completed the bare areas should be planted to 'Cape' American Beachgrass (see enclosure). If you have any further questions please feel free to call or write to the new District Manager..... Thomas J. McMahon. Sincerely, Paul A. TeNyenhuis, Soil District Technician Riverhead County Center - 300 Center Drive, Room E-16 - Riverhead, NY 11901 Jnitpd Stales Department of Agriculture Soil TECH N ICAL~-.~ S lien Service ervice NOTE - l Northeast Technical JUL Service Center Broomall, Pennsylvania ' PLAINT MATERIALS NO. 11 STABILIZATION OF ERODING BLUFFS EXPOSED TO FLUCTUATING TIDES The erosion of high sandy bluffs along ocean fronts has challenged, conservationists since they were first observed:' Typical of such. bluffs are those along the north shore of Long'Island. ' The soil material.is sandy and erosive, easily moved by wind or water. -.Bluff height varies from a few feet up- tW well over•a hundred feet-_ The slope is usually about 1:1,, or at whatever angle-'the material is stable. They may appear as! shown below. sloping the wrong direction overhanging lip remanents of old vegetation, boulders, etc. yy eroding toe n normal high tide Typical characteristics of eroding bluffs exposed to tidal fluctuations. DIST: NE S, T, NO Prepared by W. Curtis Sharp Plant Materials Specialist July 8, 1983 Numerous attempts have been made by landowners to stabilize the slopes. only a few have succeeded. No procedure can guarantee a permanent solution, but some have significantly showed erosion.over several years'.I From these, it appears the. following. is esseatial. 1. Do not allow surface water to go over top of-the slope. Z. -Remove the- overhanging lip at the top of the slope. 3. Provide protection..at the•_,toe. of -theslope,:with•a low we2£`"' constructed bulkhead:.,, ---There .ma3r-be'_circumstances beach iz sufficiently,wide.that,this-is not necessary;-but` it will bee unusua£_. If .this., shoul& be, the case,' the-use of -marsh building, vegetation. oir,the _beach; should be' consfd"eyed. £f"• a bulkhead. is-, used,,, leave' a. level area, in back of it if ` adequate-beach permits- This-,:Cs: to, be heavily vegetated" - with American beachgrass. Waves that break over a low bulk- head can dispense some. of their energy here, rather than battering a higher one or dashing against the slope above the bulkhead. water diverted away from slope overhanging lip removed well vegetated slope well vegetated level area. ~x3 well constructed bulkhead normal high r_.:_•: tide „K s Typical of procedures that have had a desirable long term effect on slowing bluff erosion. (TN PLANT ,MATERIALS 11, July 8, 1983) 3 4. Vegetate the slope. This will further protect it from any waves overtopping the bulkhead and reaching the back of the vegetated level area. I_Ise Cape American beachgrass for this also, transplanted in the early spring. Place one 35 mm film canister of Osmocote slow release fertilizer into each planting hole and then plant three stems or culms per hole, each hole should be 12-16 inches apart. 5. Adapted shrubs and vines can be added when the slope-is well stabilized with grass. Species include Bayberry, Rugosa rose, and Beach plum. 6. Keep all trees pruned to shrub height on the slope. Maintenance of the bulkhead and vegetated slope will be required on a continuous basis. Remove debris from planted areas, keep ail water diverted form the slope, do not over irrigate the lawn above, avoid excessive foot traffic and repair any damaged or- ar.oding areas. iltD i JUL - 7 PLANTS FOR CONSIRVATION IN THE NORTHEAST USDA - SOIL CONSERVATION SERVICE TSC - Upper Darby, Pa. CONSERVATION PLANT SHEET No. 28 AMERICAN BEACHGRASS (Ammophila breviligulata Fern.) USE: Major use is to stabilize movinglsand along the Atlantic sea coast and Great Lakes region. It is the best species for.the initial stabilization of frontal dunes. Useful as an,erosion. control plant on non-dune areas where soils-are very sandy and the site conditions make establishment of seeded species very difficult. Also :used on soils high in salinity such as industrial waste needing.vegetative cover.. DESCRIPTION:. American beachgrass Is *-.leafy, sprea ng.. unch-type gross with many stems \ e, ~ per clump. It may.reach a height of two to three feet. The seed head is a ,spike-like panicle, about ten inches long, and appears in late July or August. Leaves are long and VM narrow, and.may become. rolled or folded as it matures. One outstanding growth characteristic is the strong underground stems (rhizomes) that 1! spread beneath the sand and give rise to many new plants. Its vigorous growth en- ables the plant to withstand heavy deposits of sand and grow up through it. ! ADAPTATION: It is native to the mid-Atlantic coasts region from Maine to North Carolina, } /ir and the Great Lakes region, It will grow on inland.s.ites „ high in sand and/or saline content, provided applications of fertilizers ' containing nitrogen are made. VARIETIES: 'Cape' is the most recent variety AMERICAN BEACIIGRASS an was eveloped by the Soil Conservation., Service at.the Cape May Plant Materials Center, Cape May Court House, N.J. 'Hatteras' developed by the Agricultural Ex- periment Station in North Carolina is a variety possibly better adapted to southern climates. SOURCE: Both are commercially available vegetatively. Seed not available. ESTABLISHMENT: The best time to plant beachgrass is from October 1 to pr1Crii0. IT properly planted, good survival can be ex,cected at any time during this period except when soil is frozen. Summer plantings are not satisfactory. AMERICAN BEAf.HGR,ISS American beachgrass can be planted either by hand or by mechanical equip- ment designed for this work. The stems of plants called 'culms' are used for planting stock. 'Three cvims_.are plantedper hole. Space plants 18" by 18" unless wind erosion is severe, then spacing is reduced.to 12" by 12". Stagger the plantings in alt",rnate rows. to provide maximum erosion -control'. - On very stable areas where wrnd`is' not_afactor. a~, spacing of 24".; by-24" is suitable." An 18"by 18` ipacfng requfres 58,500 culms per acre, or 1.350 culms per 1,000"square 'feet. - s Beachgrass''culm-- mu`st be'"pTanted"at Teast iu f '.deeper •This~"prLi ents 'pl`ants frani d?j~{ng out, r• t ` as well aie befrig b•Towri out by'tfie wfnd `'A f= r tfl;ng or di-tchfng'spadrr"1C;' arK excel Tent r tool for opening the plantsing hole A •two man crews work"s bese fn planting orr . r v .1~ 1 fronts r-dunes-=and Tvose sandy'arei! The ciflmsand' roots; must` be"kept most before anJ'dur;ng p.Tantfng r „ r Success of pTantinq wtT1 increase ' u if''tfie stocV'fs' dormant' or`has.: 'made'very`lfttle growth' Ferti-T•izer proper•Ti applied is the key to good vigorous growth,,,as.coastal sands are rathev-,Jnferti1e_'' App Ty fertiUzer' in March or early April'. Inorganic, granu ar fertilizers. high fm nitrogen arr`best' sucly as,' 10-10-10,;- 20-10=5,'=15-10-10, etc. App.Ty'about 2 to 3 lbs.•of nftrogen per 1,000 square feet per year; i.e.. 25 lbs. of TO-TO-MY per V,006 square feet. Fertilizer-can be applied in two spl•ft applicatfons`~f.e':,'one in April and'-another-.fn fn July or August, and using about 12 lbs. per applica- tion. MANAGEMENT. Once_the stand Is well established;'the rate of fertiTfier applied can be reduced by half, or applaed'onTy when'the stand-appears . to be weakenfng. _ Pedestrian and vehicular traffic that bends or breaks the culms will.. seriously damage the plants and may kill' them if traffic is intensive. On frontal- dunes, any area devoid of protective cover Is subject to bTow- ing and eventual ruin. Replanting of beachgrass stands that become open should-be an annual operating procedure.