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HomeMy WebLinkAboutCASA, VINCENTBOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southokt, New York 11971 TELEPHONE f516~ 765-1892 February 5, 1986 Mr. Arthur Simerling Box 108 Mattitd~k)-New Y~rk 11952 RE: Vincent J. Casa Swimming Pool Dear Mr. Simerling: Pursuant to your Notice of Disapproval from the Building Department regarding the above referenced matter, please be advised that I have reviewed the documentation submitted to this office and I ara familiar with the subject location and it is determined that the Trustees do not have jurisdiction in regard to this matter. Thank you for your courtesy and consideration. We look forward to serving you in the future. Very tr)/ly yours, Henry P. Smith, President Board of Town Trustees HPS:ip cc: Building Dept. Zoning Board of Appeals Trustees File Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 SDUTHDLD. L.I., N.Y. 11~J'71 ~ - "- TELEPHONE 1516) 765-180~ ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3480 Application ~ated March~6, ]986 (Public Hearing May ], ]986) TO: Mr. and Mrs. Vincent Casa [Appellant(s)] 72-61 ]]3th Street Forest Hills, NY 11375 Mr. Arthur Siemerling, as agent At a Meeting of the Zoning Board of Appeals held on May 28, ]986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X]Request for Variance to the Zoning Ordinance Article XI , Section 100-1lg.2(A) Request for Applicatio~ of VINCENT AND JOANN CASA for a Variance to the Zoning Ordinance, Article XI, Section lO0=llg.2(A) for permission to locate swim- mingpool with deck and fence enclosure within 100 feet of bluff along the Long Island Sound, premises known as 1840 The Strand, Pebble Beach Farms ~nc., Subdivision Map #2, Lot #116, East Mariom~ NY~ County Tax Map Par- cel No. 1000-20-2-58. WHEREAS, a public,hearing was held and concluded on'May l, 1986 in the Matter of the Application under Appeal No. 3480, of VINCENT J. CASA~ and WHEREAS, the board familiar with the premises surrounding areas; and members have personally viewed and are in question, its present zoning, and the WHEREAS, at said hearing ali those who desired To be heard were heard and their testimony recorded and transcribed~ and WHEREAS, the board has careful, ly considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made,the following findings of fact: l. The premises in question is located along the north side of The Strand~]Road, East Marion, ~s identified om the Suffolk County Tax Maps as District 1000, Section 30, Block 2, Lot 58, and ~s known and referred to as Lot #115, Subdivision Map of "Pebble Beach Farms. 2. The subject premises consists of a total area of 26,500 square feet. more.or less, with frontage along The Strand of 77 feet and lot depth of 360~ feet,~and.average buildable lot deFth of 238± feet. The premises is improved with a single-family one.story frame house and garage structure set back 69.8 feet from its nearest point from the front (southerly) property lin~., 12.4 feet from the eas~ side line and 7.5 feet from the west side line. 3. By.this app14cat~on~ appellant requests permission to con- struct an 18' by 36' inground swimmingpool with deck areas, set back three feet from the w~t side line and approximately 50 feet from the average line of bluff as shown by sketched survey amended April 23, 198i and filed with this application. The pool and deck areas are shown to be dn~tt~ched to the existing dwelling. (CONTINUED ON PAGE TWO) DATED: Ju~e 2, '1986~ CHAIRMAN, SOUTHOLD TO~ ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) .Page 2 Appeal No. 34~a~ Matter of MR. AND MRS. VINCENT CASA Decision Rendered May 28, 1986 4. Article XI, Section lO0-119.2, sub-paragraph A(1) requires all buildings proposed on lots adjacent to Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff or bank. 5. Included in the board's review is a written report from the Suffolk County Soil Conservation Service, U.S. Department of A§riculture, dated April 2, 1986, indicating that this bluff area has experienced severe erosion problems within the last few years. 6. It is the opinion of the board members that (a) the pool should be located as far back from the bluff edge as possible, with the long axis parallel to the bluff in order to keep as much weight as possible back(away)from the bluff edge; (b) any draining of the pool or discharge should' be piped toward the south of the property and not over the face of the bluff; (c) all water runoff, (including irrigation, etc.) should be piped toward the south of the property and shall not drain over the bluff areas. In considering this appeal, the board finds and determines that in locating the long axis of the proposed construction parallel to the house and bluff: (a) the variance will be minimal and not substantial in relation to the zoning requirement [20% of a variance]; (b) there will be no substantial change in the character of the district~ (c) the circumstances are unique; (d) that the practical difficulties under these circumstances are sufficient to warrant the granting of a variance; (e) the interests of justice will best be served by allowing the relief, as conditionally noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that a Variance for permission to construct accessory pool with deck and fence_enclosure within 100 feet of the Long Island Sound Bluff, BE AND HEREBY ~S APPROVED in the Matter of the Application of VINCENT J. CASA, Appeal No. 3480, SUBJECT TO THE FOLLOWING CONDITIONS: ~l. That the pool and deck areas be not closer than l0 feet to the westerly side property line; 2. That the pool and deck areas be unattached ~o the dwelling and be constructed not closer than 80 feet from the bluff line at its nearest point; 3. That the pool and deck shall not be linked to the house or house decks; 4. There be no drainage over the bluff area of any water (from the pool, rain, irrigation, etc.) into the Sound; 5. All fill must be placed landward of the bluff; 6. Pool-deck construction shall remain open and unroofed; 7. Exterior lighting shall be shielded to this parcel not affecting other properties and shall be of a low-profile type (no over- head lighting); 8. Fencing should be of chainlink type. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This [esolution was duly adopted. lk June 2, 1986 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 April 9, 1986 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Appeal No. 3480 (Variance) Dear Mr. Goehringer: Transmitted herewith for your review and records is a copy of the recent determination rendered by the Bay Constable regarding the above captioned matter. Should you have any questions or concerns, please contact this office. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling Clerk to Board Attachment cc: Mr. Arthur L. Siemsrling Mr. & Mrs. Vincent J. Casa (with copy of determination) Building Dept. FIELD REPORT -- POLICE DEPT., TOWN OF SOUTHOLO. N.Y Central Complaint NO. I Hamlet of Ccc. i Sector Incident Or Cr~me [ GHd No. Day of Occurrence D~te ~I ~ [ Time of O~. Date ~f Re.ri Place of Occurre ce I0 ~ ]/ ~0 ~es D No ~-~ ~ Excmtionallv Cleared v PDTS 2 -- Continuation Reoort Attached? [] Yes Form PDTS 1 NOTICE OF DISAPPROVAL . .~. ~. ~. . .~.~, 3 ......................... PLEASE TAKE NOTICE that your application dated ....~ . .o~ ..ff ...... , 19 .~ I~.. for permit to .............................................................. at Location of ProperTy ... I.~..~..0. ........... .,~V...'~...~ ........ House No, Street Hamiet County Tax Map No, 1000 Section .,..(~.~..~. ..... Block ..... 0. ~, .... Lot ,~,~.~ ........ Subdivision ................. Filed Map No ................ Lot No .................. . is returned herewith and disapproved on the following grounds..~.A~.'~..~...~..~.. ~..~.~.~.,:,~I.~.~ii "~~ _ .... u..o~.~. ..~..~, _~: ...... ~,~..z.:~.~..__ . ...... . Building Znspector RV 1/80 ¥1NCENT* ,I, CASA I~ LO :, .... ~ CASA Southold ,Town Board of Appeals MAIN ROAD- STATE ROAD ~-5 SOUTHOLD, L.I,, N.Y. llB?l TELEPHONE [516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI April 8, 1986 To: Mr. Arthur I. Siemerling P.O. Box 108 Mattituck, NY 11952 Mr. and Mrs. Vincent J. Casa The Stand Pebble Beach Farms, Inc. East Marion, NY 11939 Re: Appeal No. 3480 (Variance) Gentlemen and Mrs. Casa: Transmitted qerewith for your review and records is a copy of the recent response from the Soil and Water Con- servation District which was requested by our office. Also, the Board of Appeals at its Regular Meeting held April 3, 1986 asked that you apply to the Southold Town Trustees at this time since they may have jurisdiction under Chapter 97, Section I][a)[l] over your land which borders tidal waters] (tel. 765-1892). [See Notice of Disapproval] The public hearing on your variance application is scheduled for Thursday, May 1, 1986, and a copy of the Notice of Hearings as published by us ih the Suffolk Times and L.I. Traveler-Watchman will be forwarded to you as confirmation. Yours very truly, Enclosure cc: Southold Town Trustees (with copy of report) GERARD P. GOEHRINGER CHA I RMAN~.¢,/ , '~B~ Lin~a ~,owa~sKi SOIL AND WATER CONSERVATION DISTRICT COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE April 3, 1986 STANLEY A. PAUZER D;STRICT MANAGER Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 1197! Dear Mr. Goehringer: In response to your request to review Appeal No. 3480 - Vincent J. Casa, I am forwarding to you a report prepared by David Bell, USDA Soil Conservation Service. If you need any further imformation o2 have any questions, pleaae contact me. Yours truly~ District Manager Enclosure UNITED STATES DEPaRtMENT OF AGRICULTURE SOIL CONSERVATION SERVICE'127 East Main Street, Riverhead, New York 11901 April 3, 1986 Mr. Stanley A. Pauzer~ District Manager Suffolk County Soil & Water Conservation District 127 East Main Street Riverhead, New York 11901 Dear Stat: On March 25, 1986 Thomas McMahon (Senior Soil District Technician) and I made a site inspection at the residence of Vincent J. Casa on The Strand at Pebble Beach Farms in order to service the request made by the Southold Town Board of Appeals. The owner is proposing to build a swlrmning pool on this lot which is located at the top of the bluff. According to the Suffolk County Soil Sur- vey the soil on the site is mapped Plymouth loamy sand 3 no 8 percent slopes. This soil consists of deep~ excessively drained, coarse-textured soils that formed in a layer of Loamy sand, or sand over thick layers of stratified coarse sand and gravel. Inclusions mapped with this series include small areas of Riverhead, Carver and on the moraines Montauk loamy sands. The Montmuk soils often have a weak fragipan. This section of bluff has experienced severe erosion problems within the last few years. In June of 1982, Tom McMahon made a site inspection on the lot adjacent to the east (30-2-60) which at the time was owned by Mr. & Mrs. Paul (and Jean) Blower. The landowners had requested recommendations for erosion problems experienced that June. The erosmon problem that Tom investigated for the Blowers extended to the west to the property currently owned by Gasa. The situation from the 1982 report is as follows: "After three days of rain which produced approximately i1-12 inches of rainfall a large blowout or gully formed which extends from the top of the bluff and down the face no the toe of the bluff. The blowoun deposited approximately 24 inches of silt and loamy sand on the beach and also undermined a newly constructed staircase~ which caused it to collapse. It appears the gully formed due no over bank runoff flowing down the bluff face, hydrostatic pressure within the bluff~ and the apparent existing bluff erosion (at the toe)." In conversation with Tom McMahon it was reported than he visited the site some- time during March of 1983 to see if any stabilization work had been done. Dur- ing this visit he observed more serious erosion on the bluff face. On March 25, 1986 the following observations were made an the Casa residence. The ground elevation in the back yard slopes away from the house to about the mid point between the house and the bluff. From the mid point in the yard no the edge of the bluff the elevation increases by a few inches. During small ralnatorms runoff could pond the low area and infiltrate into the ground. Large storms have the potential to fill the depression and spill runof~ over the bluff face. Mr. Stanley A. Pauzer - 2 April 3, 1986 An extensive stand of phragmites was observed growing on the face of the bluff. This plant is an indication of extremely wet conditions as it is normally found in fresh water marsh conditions. The presence of phragmites indicates a fresh water seep on the face of the bluff. Water infiltrating on the top of the bluff percolates through the soil until a barrier such as a clay lens or fragipan is incurred, then the water flows toward the bluff face and seeps out. Two problems ara associated with the backup of wmter by an impervious layer. 1.) The water adds appreciable weight to the bluff thereby increasing the hydrostatic pressure on the bluff. 2.) The water backed up by the lens saturates the soil thereby reducing the load-bearing capacity of the soil. The combination of these 2 factors can cause the bluff to slough off from the top. Irrigations systems were observed on both of these lots. Irrigation could aggravate these problems by increasing the water content of the soils. Erosion of the bluff at the-toe of the slope (bottom of the bluff on the beach) by wave action from large storms is the other type of erosion occurring at this site. As the toe of the bluff is removed, the weight from above causes the soil to slide down the slope as the bluff seeks the natural angle of repose. Increasing the weight ag the top of the bluff with structures, or by adding water to the soil profile increases the potential and severity of erosion problems. A structure such as a swimming pool has the potential to aggravate these erosion problems. The closer the weight is to the edge of the bluff, the greater the pro- blem. If erosion problems on this site are not reduced, and the swimming pool is built, as the edge of the bluff gets closer to the pool, the potential to aggravate the erosion problems, because of its large mass, is greater. The north end of the proposed pool and deck is approximately 50-55' from the edge of the bluff as presently proposed. Recormmenda t ion s: Swinm~in~ Pool - //1. If a pool is to be built it should be Located as far back from the bluff edge as possible. Rectangular pools should be orientated so that the long axis is parallel to the bluff in order to keep as much weight as possible back from the bluff edge. Locating the pool as far back from the edge as possible will give more years of useful life. ~2. When emptying or partially draining the pool, the discharge should be piped to the south, not over the face of the bluff. Erosion Control - ~1. Stabilize the toe of the bluff with bulkheading. Regrade the bluff face no a maximum 2:1 slope. Vegetate the disturbed areas with American beach- grass. //2. Eliminate overbank runoff by constructing a sf~all earthern berm along the top of the bluff. The berm should be 12-18 inches high and 4-6 feet an the base. //3. Reduce hydrostatic pressure within the bluff by constructzng a surface wa[er inlet structure at the low point in the lawn area. Outlet the structure to a lower elevation in the front yard. #4. Also install inceptor drainage (a tile drain system) to fur- ther reduce the hydrostatic pressure and seepage. The tile drain should be out- letted away from the bluff face. #5. Eliminate all irrigation at the site. Landscape the lot with plaqt materials which are adapted to the natural conditions an the site. If there are any questions, please con~acn me. Sincerely, David K, Bell, Soil Conservationist TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTI:IOLD, N.Y. NOTICE OF DISAPPROVAL ..~. 0..~. J.0.~ ......................... .~:~ .&....~ ....~.1.~..~..~... PLEASE TAKE NOTICE that your application dated ....~. for pe~it to .............................................................. ar Location of Proper ry... ~. ~ .~ ~ ..... ~.. ~.~ .... ~...~. House No. Steer Hamlet County Tax Map No. 1000 Section ... ~.~.~. .... Block ..... ~ ~ .... ~t . .~ ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..~'~. ~, .~.~.. ~:.~:~....~~ .... v.~.~. ~~ .~~.~ ~ ~~ ........................................... Bu~ld~n~ Inspector RV 1/80 'FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HAL L °,?,~O U TH OLD/ N.Y. 1 'I 971 TEL.: 7654803 Examined: ................ ,19 ... Approved ~. ........ .......... [9.. ,Permit No ............ Received ........... ,19... Disapproved a/c ..................................... (Building Inspector) APPLICATION FOR BUiLDiNG PERMIT INSTRUCTIONS a. This applicafioI~ must be completely ~led :in by typewriter~or in ink and submitted to the Building Inspector, with 3 ;ers of plans, acc~irate pl~f Plan tO scale. Fee according tO schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets ~r areas, and givhig a detailed description of layout of pr0pe~y must be drawn on the diagram which is pan of this appli- :at£on. c. The work cove~ed by th/s application may not be commenced before issuan,c? of Building Permit. d. Upon approval of t~s application, the B~ilding Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the p~emises available for inspection throughdut the work. e. No building shall be occupied or us'ed in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southotd, Suffolk County, New and other applicable Laws_ Ordinances or Regulations, for the construction :of buildings, as herein described. The applicant agrees re comply with all applicable laws, otdinanees ~ and regulations, and to admit authorized inspectors on premises and in building fm - oration) (Mailing address of applicant) Stare whether applicant is owner, lessee chitect, engineer, general contractor, electrician, plumber or builder. (as o~i the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Nameand title of corporate officer) Builder's License No .......................... Plumber's LicenSe No ......................... Electrician's License No: . 1..~..~x.-? .............. Other Trade's License N°' ' ' '~' '~' ............... Location of larid on which proposed work ~vill be done .................................................. HouSe Number Street Hamlet Count~ Tax Map N~o. 1000 Section . .,~...'... ~ ........ Block .......... :,.. ~...~, ~o .................. Subdivision ,...~..~ .... ~-X~*'. Filed Map No, . .~ .... Lot. .............. (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: , ...... ', ........... / ..... ............ .... b. In~ende~ use and occupancy .~ ...... ~.~...~(..~.~.,~.~;~. 3. Nature of work (check which applicable): New Building .......... Addition .......... Altera/.~on/..~ ..... Repair .............. Removal ..._ ...... Demolition .............. Other Workff.~-~¥.d. f/~, f ~/?..~. (Description) 4. Estimated Cost Fee (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor..: ............. [f garage, number of cars .. :~. .................................................................... 6 If business, commercial or mixed occupancy, specify nature and extent of each type of use ........ ~... ~ ....... 7 Drmenmons of existing structures, ~f any: Front.. ~,.L ) ........ Rear .. X .......... Depth . ~.. 7;. .......... Height ............... Number of Stor/es... ~..~ .............. ~. ................. ~ .............. Dimensions of same structure with alterations or additions: Front .... ~.~. ..... Rear .. ~A' .?~. · ........... Depth ...................... Height ...................... Number of £tefies ......... ._ ........... 8. Dimensions of entire new construction: Front .... ? ....... Rear ...-:~r~. ...... Depth . .,~-~. ....... Height ............... Number of Stories ........................................................ &?.A ............ ~9. Size of lot: Front ....... ~.7 ........... Reea ..................... Depth ...... /..~..~. /[ ~.~.. 0 Name of Former Owner . . :.~. ........................ 9. Date of Purchase .... /, .. .................. 1. Zone or use district in which premises are situated,.. ~.?.5..~: .............. ~¢~. ~, .......................... 2. Does proposed construction vio~te any zoning la~, ordinance or~egulation: . ./. ~. ~ .w ..................... .~_ 3. W~Ii lot be ~egraded ...~..~. ..................... Will excess fiji ;oe removed from premises: Yes ' Own rof remises ~?/~i.~/:~ .¥'J~'~/¢ Address~{~;~ ~,f ~t?,~ PhoneNo 0~. Nmne of e p ........................................ Name of Architect ............................ Address ................... Phone No. j ............ Name of Contractor ~J~/~ ~-c~ ~ -- : .... Address .~..[£L~...~/¢.q,,t~. ¢~ Phone No.~2/.~5?.ff~.. ? .... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set-back dimensions from · -operty lines. Give street and block number or description according to deed, and show street names and indicate whether ~,'ATE OF NEW YORK./q~ ~. )UNq-Y OF ....... .//~_~... ............... z4777,,.. (Name of individual signing contract) ore named. being duly sworn, deposes and says that he is the applicant ~ is the ~''~rc ........ (Contracto orporate officer, etc.) said owner or owners, and is duly authorized to perform or have perfmmed the said work and to make and file this plication; that all statements contained in this appl~cation are true to the best of his knowledge and belief; and that the >rk will be performed in the manner set forth in the application flied therewith. ,om to before me this · .day of ..... ~ ............. , ,9...~' ,-' / ~,,,:~/ ...... Co nt5 ~' ~-~t.'~ ~ r~. ¥~ f / (Signature of applicant) iEIE4t;L~'~,~ OEPARTN ENT -DATA FOR APPROVAL TO CONSTRUCT / / SURVEY FOR VINCENT d. CASA 8~ JOANN CASA LOT 115, "MAP OF PEBBLE BEACH FARMS" AT EAST MARION TOWN-OF SOUTHOLD SUFFOLK COUNTY, NEW YORK GUARAN1 AM~fflC