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HomeMy WebLinkAbout475016 ,,qa , 4AII94b o 1114 rllz-: IL APPEAei BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning h�O�OSUFFO(kc� G o N x IV BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS, and DETERMINATION MEETING HELD DECEMBER 1, 1999 Appl. No. 4750 - RICHARD RIBAUDO Street and Location: 1920 The Strand, East Marion 1000-30-2-56 Date of Public Hearing: October 14, 1999; November 18, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS: The subject property consists of 26,636 sq. ft. with 77 feet frontage on The Strand and 70 feet frontage on Long Island Sound, in East Marion. The top of the Sound bluff is about 200 feet from the front property line when measured along the westerly edge of the property, and about 230 feet from the front line when measured along the easterly edge. BASIS OF APPLICATION: Building Permit No. 25961-Z was issued August 17, 1999 for construction of a single-family dwelling and in -ground pool. Applicant later sought to amend the Permit to place the house and pool closer to the top of the bluff. The Building Inspector's Notice of Disapproval dated September 13, 1999 states that the proposed "amendment to permit #25961 to move placement of house and pool, places pool within 100 feet of top of bluff. Placement of pool not in compliance with Article XXIII, Section 100-239.4A.1 which states ... All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank ... shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank." AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing location of the 16 x 32 foot pool approximately 86.5 feet from the "average line of the bluff' at the closest point, with an on -grade patio extending 6 feet further toward the bluff. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The subject lot is totally undeveloped. The top of the bluff runs at an angle across the lot, leaving a property that is 200 feet deep behind the bluff at its westerly side and 230 feet deep at its easterly side. Applicant wishes to locate his house roughly in line with the existing houses on adjacent lots to the east and west. If the house is so located, no pool can be built on the Sound side of the house without variance relief from the 100 -foot setback requirement. (2) Applicant's request for a building permit was made with reference to setback from the "average line of the bluff," a straight line that is found on the original subdivision map. The survey submitted with applicant's request to amend the permit shows that at the westerly side of his property, the actual top of the bluff on his property is about 32-1/2 feet behind the "average line of the bluff' and that at the easterly side of the property the actual top of the bluff is about 7-1/2 feet behind the "average line." Page 2 - December 1, 1999 Appl. No. 4750 - 1000-30-2-56 at East Marion (Ribaudo) Southold Town Board of Appeals (3) Applicant asks to place the pool approximately 86.5 feet from the "average line of the bluff' at the closest point; that is approximately 53.8 feet from the actual top of the bluff. Applicant's original application for Building Permit # 25961 placed the pool 100 feet from the "average line" which would be approximately 67.8 feet from the actual top of the bluff. (4) The report of October 14, 1999 from the Suffolk County Soil and Water Conservation District states that the bluff appears to be fairly stable at applicant's property. (5) Grant of the relief set forth below will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because location of the house and pool will be consistent with the configuration of structures on neighboring properties. (6) The action set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefit of a house and pool in a desirable location on his property while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to DENY the variance applied for and ALTERNATIVELY to GRANT a variance authorizing location of the 16' by 32' in -ground pool no less than 60 feet from the actual top of the bluff at the closest point, which would be approximately 93 feet from the "average line of the bluff' at such point, subject to the following CONDITIONS: (1) If the patio around the pool is built to any degree above grade, the Sound -facing edge of such patio shall be not closer than 60 feet from the actual top of the bluff. (2) All drainage from the pool shall be directed away from the bluff and retained in a dry well landward of the pool. (3) The pool shall be unenclosed, apart from the fencing required by law. Any illumination shall be shielded so as not to affect neighboring properties. (4) The pool and surrounding patio shall not be structurally connected to the house. (5) There shall be no disturbance of land at the north side of the pool. t�i5hlgVO E y : IGoehringer, Dinizio ora. (Members Collins and "O aWaf7) Mil;' 34401pn as duly adop (3- G ! 7 i RARD P. GOEHR NGER, CHAIR AN 1uv:r �_ /i to Zone ,�W l STIATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) lQn of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold,: County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regu- larly published in said Newspaper once each week for weeks successively, commencr on the -}i2 day of tls/ 7 Q Q L mg cin, s s R01ene�y'es��tt6uc4wortniug use 7 o£`biil'Idmgorpremises'hasbeen as that there discon for a period of more ancy only in than two (2) year, or has been i and #6; the changed to a higher classification March 15th onto, a conforming use, nothing in ,�W l STIATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) lQn of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold,: County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regu- larly published in said Newspaper once each week for weeks successively, commencr on the -}i2 day of tls/ 7 Q Q L Lj P014u&1179 "' Southold, NY;11971. . 1980-STS30. STATE OF NEW YORK) )SS; COUNTY OF SUFFOLK) QCT /1 F Lk i t ( IS of Mattituck, in said county, being duly sworn,says that he/she is principal clerk of THE SUFFOLK TAMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy; has been regu- larly published in said 'Newspaper once each week for weeks successively, M V yyJfOHN E BRCSOTT1 Sworn t before me th TARY d�kl(r STATE OF NEW YC day of19 Q1BR4732613 / QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES MAY 31 o s M 4 [� FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE; September 13, 1999 TO Richard Schaefer A/C Ribaudo 117 W. Bayberry Rd Islip NY 11751 Please take notice that your application dated September 13, 1999 For permit amendment to construct a one family dwelling and accessory n-groundpool at Location of property 1920 The Strand East Marion County Tax Map No. 1000- Section 30 Block 2 Lot 56 Subdivision Filed Map # Lot# Is returned herewith and disapproved on the following grounds proposed amendment to permit # Notwithstanding my other provisions of this chapter, -the following setback requirements shall apply to all buildings located on lots adjacent to water bodies and wetlands A. Lots adjacent to Long Island Sound Fishers Island Sound and Block Island Sound. [Amended 11-24-1992 by L.L. No. 20-19921 -- — — `` ` �- - - ------ - Authorize Si ature - rucuabu i '^ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL: 765-1802 Examined 719 Approved 19.? Permit Na. .,Disapproved a/c, .................................. ........ ........... (Building Inspector) j Jzia of r o ............... /"JURVEY ........................ HECK......................... SEPTIC FORM ................... APPLICATION FOR BUILDING PERMIT INSTRUCTIONS NOTIFY CALL MAIL TO :.................... Date.................19.... a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspectors 3 sets of plans, accurate plot plan to scale. Pee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be,kept or the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for arty purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. AWLICATION.IS.HUM MADE to the Building Department for theissuance of a Building Permit pursuant to the Building Zone Ordinance of .the Tam of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations;, for the construction of buildings, additions or alterations, or for removal or demolition, as Herein described_ The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and: to admit authorized inspectors on premises and in building for necessary inspections. je (Signature of applicant, or name, if a corporation) Jt2.W.< ... &.l CKI.00za (Mailing address of applicant) State whether applicant is is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builde ..................... �bivl �.....: Name of owner of premises ..._!,i�i?U�...h"!t! 1�(i3 A�1�0............................................. (as on the tax roll or latest deed) If app t is rpo t" guature of duly authorized officer. l ,.� (Name and title of co rat officer Tpo ) Builders License No. Plumbers License No. ....�.1.£........... Electricians License No. �.:. 4 J (...... Other Trade's License No . .................... 1. Incation of land an which proposed work will be done .............................................................. 1.`LZ..o................. .TJX.S�?f,�(�...................E4S- M441oN�..................... House'Number Street Hamlet County Tax Map No. 1000 Section 3�Q..�. _ _... Block ...:.....Z . //In//t'� �........... Subdivision .'t�/.!V - O�, p�B%fC .N GG(.F:�'fS Filed Map.No. .. �? zL(! ... Lot ... �t ...... (Name) 2. State existing use and occupancy of 'premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ............... b. Interded use andC_ ��� L lb EitJG� Gtr ncxujpancy ...... .... F!.. -. -.1...............z`.l.:.l...................... r17�vs��ra .�r ��ca 1Ar�wev. to � ^;!au4 y�1Y! ti MOD n �: ud N be;'.;SUO a *OWN A rBtiOW aeligra noiadl7lMti4 ail' •, 3. - Nature of work (check whcidc applicable): New Building .. is .... Addition .......... Alteration .......... Repair ............ Removal ............. Demolition ............ Other Work ................................... �e (Description) 4. Estimated Cost ....�:I. �........ fee ......... .......................... p.......... (to be paid on filing this application) 5. if dwelling, number of dwelling units :.... I....... Nurber of dwelling units on each floor ................ Ifgarage, cumber of cars ...... Z. .............................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use .................... 7. Dimensions of existing structures, if any: Front................ Rear ............... Depth .................. height .......................... Number of Stories ...................... Dimensions of same structure with alterations or additions: Front ............... Ream ............... Depth ................ Deight ............. Number of Stories .............. ( '4.1.Z'- 3 1-c4 DG cYG 8. Dimensions of enti new roost ion. FronC. //��,, 3 Rear ..�J..... Depth.........., Xd(%W .. }height.. ..�✓.Q ...,re. ....... •— r of Stones .................. 9. Size of lot: Front .... 7.1 ............ Rear..... 7j!? ............. Depth p Jh�......C..... 10. Date of Purchase ...................... Name of Former Owner .,(iggf!'�. !f? ? me;q.Y............ 11. Zone or use district in which premises are situated .......1..T .................................................. 12. Does proposed construction violate ;any zoning law, ordinance or regulation:.... ©............... I3_ Will lot be regraded j: t!r'!! G-. �. .. Will excess: fill be removed from premises: YES NO�i�Q' q 14. Names of owner of premises /1(PAVj ii!r1..4i*V? dress .. ,.6,.,k��Vllli.: Plane No 173.`���1.91 � s �t��� 'V. y o��" qG6 9 Nam of ArchitectlrG. .. Address ... AC.Tda1 �I."/� ... Phone No Name of Contractor 14wb.k. CMOCi WG.... Address 011. t!4Y61`'Q'(. P -b (SV/ -AY Phone No'�` 15. Is this property within 300 feet of a tidal wetland? *YES ..x,..... No .......... *IF YhiS, Swrim TOldi TEZf1SIFES PMffT KW BE RDWlIM. PLOT DIAGRAM Locate clearly and distinctly all 4builaings, whether` existing dr--proposed.,and indicate all setback dimensions from property lines. Give street and block comber or description according to deed,°and.=slow street names and indicate whether interior or corner lot. _ SMIE OF taW YOW, Cowry Or ..........I�L�4 �...��:..�c� � � ........being duly sworn, deposes and says that he is the applicant (Nane of individual signing contract) above named, lie is the ....... S...Q0.4.0.:f� C .c....... �2' (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to nuke and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ..day EE,.�!��1.0 Notary Public ...... . .... ......... VBtl► (Signature of A c 0 50 TOWN OF SOUTII OLD, ti@W APPEAL CROM DECISION; OF :BUILDING INSPECTOR APPEAL NO�41%01�C✓ L c. Town Cleric SoutltolIpATE TO TI IE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, N Y Of Name of APPefiont &i+/46 % Street and N/umber � C,¢� � ...... . N �.. if%�J..HFREBY APPEAL 70 Municipality zk ato TIME 'ZONING BOARD OF APPEALS FROM TI IE DECISION OF THE BUILDING, INSPECI'OR ON APPLICATION FOR PERMIT NO ............................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED To Nome /of Applicant for permit <.r of Street and Number Municipality State r ( )' PERMIT TO USE l ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .. /.Pia.. 771EtE ..!.�Ofj ... I Street /(I01M�e1 % Use District' on �orring Map District 1000 Sectfonl9 )61ock�O�otp$Ab ft x Current Owner ` Map No.�7�b��gN —Lot No. Prior Owner/ScOx%fL y„ " 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph; of the Zoning Ordinance by number. Do not ciliate the Ordinance. ) Article section --. . 3. TYPE OF: APPEAL Appeal Is made herewith for (please check appropriat box) (<) A VARIANCE To fha Zoning Ordinance or Zoning Map A VARIANCE dua^ to lock of access (State of New York Town Low Chap. 6 Cons. Laws Art, 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL'A previous appeal (has (has not) been made with respect ti of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit I ) request for a variance and was made In Appeal No ..... ......... .........Dated ....... .......` .n.................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection, 3 ( ) A Variance to the Zoning Ordinance Is requested` -for the reason that Fonn zi31 (Contin- on other side) 11TATc r°.Ka'"�'da�I P this decision REASONS FOR AREA KAKLAI%l t V�ALX ( to,.D,e cO14D1eteq DY agplxcanz ) Do not use these °;standards" fo`r '•us'e^ariante�` `br "spec3e2" exception." (Also attach sheets if necessary, with signatures.) 1. An ,undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if. granted BECAUSE: 2. The benefit sought ,by the applicant CANNOT .be achieved by some method, feasible. 'for"the applicant to pursue, othe=''thau an area variance BECAUSE: 3. The amount -r of relief requested is not',substantial BECAUSE 4. The variance will NOT, have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE 5. Has the alleged difficulty been -self-created? ( ) Yes. { ) No. 6. This is the -minimum--that is necessary and adequate, and at the same time preserve and protect the character of`the neighbor'irbod and> the health, safety and welfare of the community. STATE OF NEW YORK) COUNTY OF SUFFOLK) Agent must attach written consent from owner. Sworn to before me this /.3 da of/4Zt-' 14 f; �xtlz;fora.*rar/.temp TOWN OF SOUTHOLD IPRbPERTY RECORD CARD OWNER STREET f a VILLAGE DIST. SUB. LOT # 7TH f FORMER OWNER N E S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB: - MICS: Mkt. Value LAND IMP. TOTAL DATE REMARKS#d�D �D /G:3�000 a/44 E ea c, T6 2 2l 46 ,r` ,J 2�, �6 �I c 5 ,'Z M I QIP 1 r �, � � - P- A a a y2 a r=t Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total ,�y,„ „a,,,y T,, PCV -:z `='-wOITIY DEPA& S7INEN'T OR fiBAZ+!°"FI :.Fxt"L°v i MS' ,ZliaFt'eL. .t's i:.lu�� { � s C�. 'S a'..n3 ✓ .�+�it TL i.Y' � `"��L Niiu P§"n P 3 f rlj Lor 193 FD CM )t�� END FEN E 0.6' i T,, PCV -:z `='-wOITIY DEPA& S7INEN'T OR fiBAZ+!°"FI :.Fxt"L°v i MS' ,ZliaFt'eL. .t's i:.lu�� { � s C�. 'S a'..n3 ✓ .�+�it TL i.Y' � `"��L Niiu P§"n P 3 f rlj Lor 193 FD CM )t�� END FEN E 0.6' APPEALS BOARD MEMBE] Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora_ Lora S. Collins George Horning Mr. Richard H. Schaefer 117 W. Bayberry Road Islip, NY 11751-4914 BOARD OF APPEALS TOWN OF SOUTHOLD December 3, 1999 Re: Appl. No. 4750 - Ronald- Ribaudo - Pool Location Variance Dear Mr. Schaefer: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Enclosed please find a copy of the Appeals Board's determination, with condition, regarding the Ribaudo pool location. Before commencing construction activities, please contact the Building Department directly at 765-1802 regarding any other agency approvals that may be necessary, and issuance of a building permit. A copy of this variance determination has been transmitted to the Building Department Office for an update to the pending application. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision 12/3 to: Building Department - Mr. Ronald Ribaudo 1790 The Strand East Marion, NY 11939 A ?//ERANSM]ITTAL MEMO TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: /br-0 f Fi /( SUBJECT: File Update With reference to the above application, please find attached the following new information added to the official ZBA office file: -- ��•' r.--- - --------------------------------------------- Comments: ------------------------------------------------- -------------- ---------------------------------------------------------------------------- Number of Pages Attached:------------------- TrMemo.doc BUILDING CONTRACTOR RICHARD H. SCHAEFER, INC. Mr Gerard P. Goehringer, Chairman Town of Southold Board of Appeals 53095 Main Road, P.O. Box 1179 Southold, NY 11971 Dear Mr. Goehringer, 117 W. Bayberry Road Islip, New York 11751-4914 277-1360 FAX 581-0736 DESIGN & CONSTRUCTION CONSULTANT J' Idji fr �� � Nou'ein���8,1999 Nov ® 91999 Re: Appl. No. 4750 Ribaudo Variance. At the Zoning Board of Appeals meeting of October 14,1999, we were asked what the "FM #6266". was - referring to "Average Line of Bluff'. The surveyor, Stanley Isaksen, Jr. has indicated that this refers to the subdivision Filed Map which was established when the Map of Pebble Beach Farms was originally filed June 11, 1975. It is obvious form the dense foliage on this property and bluff that this "Average Line of Bluff' has not changed drastically over the last fifteen to twenty years. This line is an apparent average line along the entire subdivision abutting Long Island Sound as can be seen on the accompanying copy of a portion of the original filed map as obtained for us by Mr. Isaksen. We have a copy of the letter you received from Thomas McMahon, the district manager of the soil and water conservation district stating that the proposed pool location we are looking for would not jeopardize the stability of the bluff if pump down and backwash water are handled properly. The pool installation will warrant a drywell for backwash purposes. Winterizing of a pool does not require pump down and Mr. Ribaudo does not intend to empty his pool every year. Mr. Klots, the westerly neighbor, mentioned concerns regarding pool equipment noises and pool area lighting. We propose to locate the pool filter equipment close to the house below the deck or possibly below grade and enclose same from view which should muffle any pump noise from the neighbors. No special bright lights are proposed other than possibly some normal "security" lighting around the house. Mr. Ribaudo has spoken to Mr. Klots and has sent him copies of revised survey and our dimensioned sketch which we faxed to the Board on October 12, 1999 for clarification. We are certain that the Ribaudo's and the Klots' will be able to work with each other to assure that the improvement to the Ribaudo property will be satisfactory to both parties. Respectfully submitted, '1204 f r 6 � 30 a1 R� I 87 14 r B "� Af I 96 � �� r 88 r v +� ®� I zii A�A,atE' raiasx �A 60 V w pp ®1® ap M ®-9 r� + lk /20 ! _ -1 /* ro ' , pr. 9-0, 348° $ $ :a � � 11 rsarJJ•f � � 0. 433,64 ��.�' >ID \Q 340•$4 ®� 1 1 IIB b s f `� �° 'cto' r 94 W\ -L 10,00011 AL 92,F -4 TIN ®,IC3 u tabX 9► \1 !b �° +� `"� 933-1® ° L•gOOB' wa.® 3� 6 ®r \ 93' �f U t {1.36 , 14 ` \' g.65° \�� saf®as° \e ®9 R`39 63 \ems 11: \I- SIIONO ° eqQ to /09 �'�` •� /P9.s8' "�, slaty®es•F ® �. � �$ w _ 1 t/7 64 wob A! 25023'25'W. WQ 3 e a® F a . VcAr CLAV — iYP/CA_L� =PLOT LAYOUT LOAAFm — No S"" ROA c®r WA MR MAIN -- >: A SOIL AND WATER CONSERVATION DISTRICT FAX:(516)727-3160 October 14, 1999 Mr. Gerard P. Goehringer, Chairman Town of Southold Board of Appeals 53095 Main Road, P.O. Box 1179 Southold, NY 11971 Dear Mr. Goehringer: J. GAFFNEY JNTY EXECUTIVE Thomas J. McMahon DISTRICT MANAGER (516)727-2315 Regarding your request for an evaluation and suggestions regarding the pool construction variance requested for the Ribaudo property at 1920 The Strand Way, East Marion, please be advised that a site inspection was conducted on October 12, 1999. Unfortunately, due to the abundance of vegetation on the lot, an "on site" inspection was not possible. However, the lot was viewed from adjoining properties and from the beach. The bluff face is well vegetated and there is no evidence of erosion, even along the bluff toe. In comparison to the bluff condition east and west of the property, the location of the bluff top and toe, slope and the type of vegetation, excluding phragmites to the east, the bluff is consistent. There appears to be a glacial erratic, of unknown size, embedded in the upper two-thirds of the bluff face. On the adjoining properties, the ground surface, landward of the bluff top, gently slopes toward the bluff. Contour lines on the survey (sketch) indicate a slope toward the bluff top on this lot as well. Development of the lot will increase storm water surface runoff and if runoff water flows onto the bluff face, soil erosion could begin. Similarly, if pool winter pump down water is surface discharged, it could also cause soil erosion on the bluff face. If pump down water and filter backwash water can be outletted so that the water will not flow onto the bluff face, it does not appear that the proposed pool location would jeopardize the stability of the bluff. However, discharging a large volume of pool pump down water into a drywell or surface discharging the water south of the proposed house location could have other impacts. RIVERHEAD COUNTY CENTER 300 CENTER DRIVE, ROOM N-210 RIVERHEAD, NY 11901 -2- A discharge into a drywell will require a very large drywell and could increase seepage on the bluff face. The presence of phragmites on the bluff, to the east, indicates that seepage water is present. Surface discharge of pool water, south of the house location, could impact the proposed leaching rings (cesspool) of the septic system. The leaching rings' location is proposed in a low area of.the lot. This area currently receives storm water surface runoff from both on site and off, including the roadway. The proposed house location is the highest elevation on the property. Storm water runoff from the roof, driveway and pool water discharges will surface flow into the low area. Infiltration of this water into the ground could affect the septic system. I hope this information will be useful to you. If you have any questions, please do not hesitate to contact this office. Respectfully, Thomas J. McMahon District Manager Page 19 -October =;, 1999 Board of Appeals Hearings 7:13 P.M. - Appl. No. 4750 - R. RIBAUDO Proposed swimming pool at less than 100 feet from the top of the L.I. Sound bluff at 1920 The Strand, East Marion, 1000-30-2-56.. CHAIRMAN GOEHRINGER: Good evening Sir. MR. SCHAEFER: Good evening. CHAIRMAN GOEHRINGER: Who are you Sir? MR. SCHAEFER: My name is Richard Schaefer. CHAIRMAN GOEHRINGER: How do you do. MR. SCHAEFER: I'm a contractor and I've been authorized by the Ribaudos to apply for a variance to build their home. CHAIRMAN GOEHRINGER: What is the nature or the name of your business? MR. SCHAEFER: Richard H. Schaefer Inc. CHAIRMAN GOEHRINGER: What would you like to tell us about this site? MR. SCHAEFER: Well it's a buildable parcel and it' abuts where it overlooks'the sound and the Ribaudos want to, their aim was to build a house as to be able to put a pool behind it. I mean that's what they would like to do. In order to do that and in order to keep the front of the house in keeping with the rest of the neighborhood, they have, they would like to have an 80 foot setback to the house, and then the necessary depth to the back of the pool which would encroach into the buffer zone with the bluff. So, ,the nature of the variance is they need about 20 feet for a portion of the pool into the 100 setback from the bluff line. CHAIRMAN GOEHRINGER: So, you're proposing it at 80 feet right now? MEMBER COLLINS: 80 feet front. MR. SCHAEFER: I'm proposing an 80 foot front yard and only extending approximately 20 -feet into the buffer zone. CHAIRMAN GOEHRINGER: The buffer zone is what you're referring to is 100 foot buffer zone in the rear to - Page 20 - October, '1999 Board of Appeals Hearings MR. SCHAEFER: Yes, from the crest of the bluff or the top of the bluff, we're suppose to stay 100 feet away from it. CHAIRMAN GOEHRINGER: Right, OK. MR. SCHAEFER: In order to do that, we're stretching up the house. CHAIRMAN GOEHRINGER: So it's 80-80 basically? 80 in the front, and 80 in the back then. I don't care about the front yard because that's not the nature of this application. MR. SCHAEFER: Right. CHAIRMAN GOEHRINGER: So, we're only talking about the, you're ° talking approximately 80 feet. So, you're talking about encroachment into that 100 feet by 20 feet? MR. SCHAEFER: Approximately, yes. CHAIRMAN GOEHRINGER: OK. MR. SCHAEFER: I have all of the, we, we submitted all of the letters to the neighbors, notices of this and I have all the information here for you. CHAIRMAN GOEHRINGER: We'll take that. Thank you Sir. All right, the question I have is, how come the or how did the situation change from the original copy that I have Mr. Schaefer, these are pragmatic statements. These are in no way meant to be critical of your application or the filing of your application, how they changed from the Health Department copy which is dated 4-23-99 and the most recent copy which has the topo on it, and to the present most recent copy which is dated, October 12th, which we have dated, October 12th, which shows basically the picture of it is not actual survey? MR. SCHAEFER: May I? CHAIRMAN GOEHRINGER: Yes, sure I'm ready. MR. SCHAEFER: What happened was, when the owner saw the front yard setback with the rest of the neighbors and he saw,it plotted on his drawing, he thought he'd be sitting on his rear deck looking at the rear end or the sides of both houses on both sides of it. The neighbor to the east has his pool behind his house and it does encroach into that zone, into that buffer zone and he just felt that he has .to get his house back a little further otherwise he'd be sitting out like a bump on a log on the Strand. Page 21 - October . ,, 1999 Board of Appeals Hearings CHAIRMAN GOEHRINGER: All right, here's where ,the problem lies. I go out and do a pre -inspection and I go out and do a post inspection. So, I do normally two inspections on the property. Well, low and behold, about a month ago, I went out and did an inspection and met the easterly property owner and spent almost an hour on her property. This was Mrs. Kennedy, who by the way is a very, very, nice lady and the only copy that I had, was the Health Department copy. So, she thinks, that the swimming pool is going to 'go where that initial situation was. And, she didn't tell me she had a particular concern with it because of that particular location which was the location that we thought it was going to go. So, somewhere along the line, you're going to have to go to her and explain to her where the change is because she's from New Jersey and she's not here tonight. MR. SCHAEFER: That's why I'm here because the Ribaudos are from New Jersey. But, I did submit a sketch with that letter of the meeting to all of the neighbors. The. new sketch, the revised sketch. CHAIRMAN GOEHRINGER: OK, right, right. MR. SCHAEFER: It was a revised copy of the survey as a matter of fact. CHAIRMAN GOEHRINGER: So, she got the revised copy? MR. SCHAEFER: Yes. All the three neighbors have the revised copy. CHAIRMAN GOEHRINGER: So basically the question is going to come in if she understands it or not because I guess I'm going to have to be required to call her, because she said to me at that meeting that I had, because I had to walk on her property conceivably to see what the property looked like because this property is overgrown. It looks like a jungle as you know. MR. SCHAEFER: Right, right. CHAIRMAN GOEHRINGER: So I guess I'm going to have to call her and explain to her what the new - BOARD SECRETARY KOWALSKI: Was it more than nine days ago? CHAIRMAN GOEHRINGER: Yes. BOARD SECRETARY KOWALSKI: More than a week ago? MR. SCHAEFER: Is this the neighbor to the east? CHAIRMAN GOEHRINGER: This is the lady to the east, yes, Mrs. Kennedy. I Page 22 - October 1--t, 1999 Board of Appeals Hearings MR. SCHAEFER: Because I believe her property, they, they did get a variance themselves I believe. I was told that. CHAIRMAN GOEHRINGER: Maybe they did. BOARD SECRETARY KOWALSKI: If you met with them more than a week ago, they have since received the revised plan? CHAIRMAN GOEHRINGER: Right. BOARD SECRETARY KOWALSKI: So, she's probably aware of it. CHAIRMAN GOEHRINGER: All right, that's where we are on that respect. Just one further question and that is, this pool is to remain open at all times to the sky? No enclosures? MR. SCHAEFER: Oh, no, no enclosures. CHAIRMAN GOEHRINGER: We'll start with Mr. Horning. Mr. Horning, any questions of this applicant? The agent for the applicant? MEMBER HORNING: No questions. CHAIRMAN GOEHRINGER: Mrs. Tortora? MEMBER TORTORA: No, I think you've played up my question. CHAIRMAN GOEHRINGER: Ms. Collins? MEMBER COLLINS: Yes, I do have questions. First, Mr. Chairman, I think that the paper track here is as follows: Mr. Schaefer you can correct me if I'm wrong. You applied for the Building Permit for the house and the pool and you got it. MR. SCHAEFER: Yes. MEMBER COLLINS: They granted the Building Permit and the drawing that goes with that is the one that shows the corner of the pool precisely exactly 100 feet back from the relevant line. MR. SCHAEFER: Right, that was submitted to the Health Department. MEMBER COLLINS: Yes, that what the Health Department approved. MR. SCHAEFER: That's the only reason it was submitted to the town. Page 23 - October 14, 1999 Board of Appeals Hearings MEMBER 'COLLINS: But, that's ,the one on which they based the Building Permit? MR. SCHAEFER: Right. MEMBER COLLINS: And then, after your client, as you've just explained to us, looked at the setbacks on the street, he decided that his house really ought to be further back from the street and therefore closer to the bluff. MR. SCHAEFER: Yes. MEMBER COLLINS: So, you went to the Building Department and asked to amend the Building Permit at which point they said, that puts you in a position where you're in violation of the code setback and that's why you're here. Is that right? MR. SCHAEFER: Yes. MEMBER COLLINS: Now, in both of these drawings they're the same survey of the lot . One is the one with the Health Department stamp and one is the one that went to the Building Department when you revised it. In both of those, there's a perfectly straight line drawn on the survey and labeled, "average line of bluff as per FM6266" and, the 100 feet is measured from that line. On the survey that shows the project as you now want to build it, there are contra lines drawn in. MR. SCHAEFER: Yes. MEMBER COLLINS: And the contra lines appear to me I hasten to say, that- not being a jungle fighter I did not get into the property, and I did not go into the neighbors to take a look at it. I only looked at it from the road. But, reading this survey here, the one that represents the project as you now wish to build it, it looks like the crest of the bluff at 56 feet above sea level is a good 10 to 20 feet inland from that straight line, that's marked, "average line of bluff'. MR. SCHAEFER: The surveyor indicated all that. I really didn't - MEMBER COLLINS: OK, let me tell you how I read this chart. It appears to me, that the surveyor has drawn a straight line, that is a line that represents what he says, and some kind of average line of where the bluffs, I realize the bluffs up there go in and out. MR. SCHAEFER: The top of the bluff, right. Page 24 - October 14, 1999 Board of Appeals Hearings MEMBER COLLINS: And it appears to me that that line is in a spot that is well over the edge of the bluff, and that your setback from the actual -edge of the bluff which is what our code asks you to setback from is considerably less than what your surveyor claims. I'm very troubled by that straight line because it looks to me like it's hanging in space about 10 to 12 feet below the lip of the bluff. MR. SCHAEFER: I don't know who determined that line. I would assume_ the surveyor knew what he was doing. MEMBER COLLINS: OK, because if I believe, I mean, I think I know how to read this survey and if I believe it, the pool as now proposed intrudes not 18 or 20 feet into the forbidden territory if you will, it intrudes, no 40 feet or so because the forbidden territory starts a lot further inland than your surveyor's line shows and I'm really bothered by that and I really want to see it resolved and I'm awfully sorry that I didn't study this stuff two weeks ago but, I didn't have a chance to so that I could of asked the questions sooner. MR. SCHAEFER: The average line of the bluff, I don't know what that code is, that FM6266. But, it must be on a geodetic survey, coastal geodetic survey. can't, I really can't help you on that. MEMBER COLLINS: But, I just want to make sure, that - MR. SCHAEFER: That's a determined line. I don't think it's by the surveyor. It has to do with coastal erosion somehow. MEMBER TORTORA: I think there's three things here. The code if I recall correctly, refers to the top of the bluff. MEMBER COLLINS: The top of the bluff, 239. MEMBER TORTORA: This survey is referring to an average line of the bluff. Then we have a coastal erosion has it lined which, has nothing to do with this particular application as the Building Department has disapproved it. So, the question is, you're saying, that the average line of the bluff is not the same as the top of the bluff. MEMBER COLLINS: That's how I read this survey. MEMBER TORTORA: So then I would make a suggestion. Let's contact the Solid & Water Conservation. CHAIRMAN GOEHRINGER: We did already. We just didn't get the report. Page 25 - October r -f; 1999 Board of Appeals Hearings MEMBER TORTORA: And that should be included in their report to identify the top of the bluff as per the code. CHAIRMAN GOEHRINGER: Well there is a major problem in that there's a flaw within the Pebble Beach area. And, the flaw is, that there are in some of these on some of these parcels four separate lips on these bluffs, and we found this with, excuse my, what was the builder's name, Zumos? Zulos? What was it? Zervos, Zervos, OK, on the opposite side of your right -of-way which, leads down to the water. We found as many as six lips on the bluff in that particular area, with six tops of the bluff sought of speak, OK. So, I'm not sure it's incorrect in taking an average line, which this surveyor chose to do, who is Stan Isaksen. MEMBER TORTORA: I'm not either. MR. SCHAEFER: I'm not familiar with it myself to be honest with you. I assume that he knew where he got this from. MEMBER COLLINS: I sense that perhaps my fellow Board Members are not troubled by this. But, I would really like to have this resolved and I apologized before for not having looked at this two weeks ago. It was only two days ago. But I'd just like to know what the surveyor means by average line of the bluff because the way this property is drawn on this map, the crest of the dune, which would take to mean the edge of the bluff is well inland from the so-called average line of the bluff. And, I'd just like to know where we are. MR. SCHAEFER: Well even the first application it would have been a violation on the first one - MEMBER COLLINS: Yes, the same thing, absolutely. But the first - MR. SCHAEFER: If you're questioning that line. MEMBER COLLINS: I am. MR. SCHAEFER: And I really can't tell you about that. I'd have to check it myself. CHAIRMAN GOEHRINGER: Could I just ask Mr. Schaefer one other question? Did you want another question? MEMBER TORTORA: No, I just wanted to know if we could get a clarification from the surveyor on it, so we can ( ). CHAIRMAN GOEHRINGER: OK, the other question I have is, if you say that with this survey that we're talking about , the one' with the topo on it, which Page 26 - October , - 1999 Board of Appeals Hearings again coincides with the other survey except for the Health Department one that was submitted, you're saying, that you're encroaching approximately 20 feet. We have a 16 x 32 foot swimming pool of which the straight line appears to be at least 2 feet into the swimming pool. Why are you saying that we're encroaching 20 feet? MR. SCHAEFER: Well I did submit a revised schedule and I just indicated that with the size of the house, the size of the deck, I was allowed 6 feet to the back of the pool, ( ) behind the deck and then we come up with a 16 foot by 20 foot pool. 16 x 32 pool. CHAIRMAN GOEHRINGER: OK, but you could in effect put no deck on the waterside? MR. SCHAEFER: On the waterside of - CHAIRMAN GOEHRINGER: On the waterside of the pool. MR. SCHAEFER: Yes, right, yes. Well there was no deck. I don't know if a patio encroaches if it's on grade. CHAIRMAN GOEHRINGER: I mean this Board could restrict no deck on that side of the pool? MR. SCHAEFER: That's not a problem. CHAIRMAN GOEHRINGER: So, at this juncture just to wrap up, you're going to get those questions asked for us from the surveyor? From Mr. Isaksen questions that Ms. Collins and Mrs. Tortora were dealing with? OK, and we'll go on with Mr. Dinizio. Any questions Mr. Dinizio? CHAIRMAN GOEHRINGER: No? MEMBER DINIZIO: Well I mean other than to say, that if that's the case, you know, the house is probably going to be within 100 feet too. I think the average in that area is to be an average because your right Jerry. CHAIRMAN GOEHRINGER: Yes, there are several lips in that area. Trust me I walked up and down the stairs of Mrs. Kennedy and. I did to the best of my ability to look at this piece of property from a nurturing of the bluff area which is by the way relatively good. We are still waiting for an evaluation from the Soil & Water Conservation which is a Suffolk County Agency which freely goes out and evaluates this bluff. Unless they go through Mrs. Kennedy's property or the Page 27 - October 14, 1999 - Board of Appeals Hearings people on the opposite side, they'll never get back to it, or they go by Helicopter, don't know, but, needless to say, we're still waiting for that. So, I think what we'll do is, we'll hold this hearing over until the next regularly scheduled meeting, regular meeting and you'll have the answers for us by Soil & Water and then we'll be able to a - MR. SCHAEFER: Well, I'll just get the determinations as to how he arrives at that bluff line. CHAIRMAN GOEHRINGER: Right. MR. SCHAEFER: The average foot line. CHAIRMAN GOEHRINGER: Go ahead Lora. MEMBER COLLINS: I just wanted to say for Mr. Schaefer's sake, that the wording of code refers to a setback from the top of such bluff and obviously, if you had a property that was a couple hundred feet wide and the bluff kind of wondered around, certainly there you would be wanting to draw some kind of an average. But here the survey doesn't show anything of that sought. That's why want to know what that line is. MR. SCHAEFER: OK. CHAIRMAN GOEHRINGER: Good. We thank you. Don't leave because there are other people that are going to speak. - MR. SCHAEFER: OK. CHAIRMAN GOEHRINGER: Thank you. Is there; anybody else would like to speak in favor? Anybody like to speak against? Go ahead Sir. State your name for the record please. MR. KLOTZ: Miriam and Robert Klotz. We own the property adjacent to the property in question. We're on the west side and we received in the mail a sketch which has no front setback number on :it. The number that was mentioned today was 80 feet setback. The last plans that we saw had a 62 foot setback. This plan that we received- in the mail has no setback. I can give it to you. CHAIRMAN GOEHRINGER: I just have to tell you, that's not the nature of this hearing. But, we'll accommodate you. 'The ones that we do have, say 80. MR. KLOTZ: Say 80, OK. Now the question that I have is, our neighbors to the west of us, adjacent to the line west of us, have a setback from the front road of Page 28 - October ' . ,, 1999 Board of Appeals Hearings approximately 40 feet. There is a setback minimum I believe of 40 feet. question why the setback for a proposed dwelling has to be 62 or 80 feet back in regard to asking for a variance on that basis when the neighboring homes they have an application here that they want to be consistent with neighboring houses and the house to our west is certainly about 40 feet setback which I think it would be inconsistent to have a larger setback of 80 feet. CHAIRMAN GOEHRINGER: I don't know but, we can ask the contractor for you which we will do. MR. KLOTZ: OK, and also we wanted to raise an issue about run-off of overflow from the pool and so on and grade. CHAIRMAN GOEHRINGER: We will build that into the decision. We trust you that if this is granted we will build it in the decision. MR. KLOTZ: And also the location of the filtered motors and the ( ) which would bea- CHAIRMAN GOEHRINGER: That's definitely a concern. I cannot tell you how many times we have dealt with those aspects, particularly on relatively narrow and I'm not in any way degrading your property or this property, on relatively narrow pieces of property, which they are. You know, they're not 150 feet wide and so that is a legitimate concern. MR. KLOTZ: And also you mentioned something about the lips at the bluff in that area. There is a variation and I think that we've conformed to the roadside variation of that as Ms. Collins mentioned the elevations do vary and the lip of the bluff is certainly closer in that area to the road. CHAIRMAN GOEHRINGER: OK, so we'll start with the first question. Mr. Schaefer you could you the mike over on this side so that we can get this going. appreciate it. Mr. Schaefer I'm not answering the question for you but, I think you told us, that the purpose of pushing the house back was a particular concern of your clients. Maybe you want to restate that for Mr. Klotz. MR. SCHAEFER: I'm going by the survey and when he saw the survey and the location of the neighboring houses, this is where I say the consistency ( ), he want to be consistent with it. I don't know if, I didn't physically measure the neighbors' houses, but, I'm just going by what the surveyor had. I don't know what your setback is Sir. MR. KLOTZ: I don't know off -hand either. I know the neighbor to our - Page 29 - October 14, 1999 Board of Appeals Hearings CHAIRMAN GOEHRINGER: Pardon me, you have to address the Board on these. This is not a - MR. KLOTZ: OK, all right. Well our setback does not include positioning of a pool. We have no pool. CHAIRMAN GOEHRINGER: No, but we're talking front yard and setback. MR. KLOTZ: And our own setback didn't infringe on a, we didn't ask for a variance. We were within the town ordinance. CHAIRMAN GOEHRINGER: This is not a variance. The front yard is not a variance application. That what it's doing is, it's pushing the house back far enough so that the pool is the variance portion of this application. Only the pool, OK. MR. KLOTZ: Right, I understand that. CHAIRMAN GOEHRINGER: They can literally build this house, we think, without a variance at this point, minus the pool. MR. KLOTZ: As far as we're concerned, you mentioned Mrs. Kennedy is concerned over where the pool is going to be located. We are also concerned about where the pool would be located. It will be essentially out , our window overlooking the sound. CHAIRMAN GOEHRINGER: Right. Mr. Schaefer also would please between now and the next hearing tell us where the anticipation of the filter motor and pump are going to be placed preferably in an area that is most sound bending so that the neighbors don't have to listen to the drone of that. MR. SCHAEFER: Right. CHAIRMAN GOEHRINGER: I have to tell you that I did spend some time like I told you, about an hour at Mrs. Kennedy and with the neighbor across the street and I heard absolutely no drone out of her motor, for her pump. I happen to be a pool owner myself and I've taken some great strides in trying to hold that noise down. So, whatever you can do to do that, we would appreciate it and get back to us. MR. SCHAEFER: Very good. CHAIRMAN GOEHRINGER: What else can we do for you Sir? Page 30 - October .i 4, 1999 Board of Appeals Hearings MR. KLOTZ: Just address the issues of lighting and grading of the property for water run-off and a noise. CHAIRMAN GOEHRINGER: OK, will you address those issue also and by both letter and verbally present them to us.? MR. SCHAEFER: Fine. CHAIRMAN GOEHRINGER: So we will continue this hearing Sir and we urge you and your wife to come back and continue. MR. KLOTZ: Thank you very much. CHAIRMAN GOEHRINGER: Thank you. All right, is there anybody else would like to speak? Seeing no hands I'll make a motion recessing this to the next regular scheduled meeting. BOARD SECRETARY KOWALSKI: Give a date with that please. MEMBER DINIZIO: Second. CHAIRMAN GOEHRINGER: November 18th. All in favor? Motion carried. See Minutes for Resolution. Rata tr;'c' V ,P(6 Uhl 21999 S C-:MAe KS sto/j L ri ra MOM suoel'f-� op 5vvvy /SO , t - UCHARD H. SCHAEFERIUS _ 117 West Bayberry Road;!� � C Fg Islip, New York 11751 • 2771360 FAX 581 0.736 I' 6 U ° li li ! GT 1 2 3999 t facsimile transmittal To: From: 7) G Re: #P4'47089es: ed Ar ?�i� I IVF)4 0 Urgent ❑ For 13 Please Comment ❑ Please Reply ❑ Please Review Recycle ,()ce 4"W - pe _ r e2 rooe, V I- f'mea /-, A/� 0 -S . . 0 6 0 . . . . . • • 6 1 4 0 . . . . • . . . . • 1 4 0 October 5, 1999 Mr. Richard ,H. Schaefer 117 West Bayberry Road Islip, NY 11751 Re: Appl. No. 4750 Variance for Pool Location/Bluff Setback (Ribaudo) Dear Mr. Schaefer: In reviewing the sketch submitted with the,variance application, a setback of approximately 94 ft. is found (not 62 feet as mentioned on the application form). Less than 1.6 ft. of the pool is shown within the 100 ft. restricted setback area, and that no raised patio or deck is proposed. The Board may ask for further clarification at the hearing on the setbacks and if a raised patio or deck near the pool is proposed, then another sketch is necessary prior to the hearing (if possible). In the interim, the Board has requested comments from the Suffolk County Soil and Water Conservation District regarding their evaluation of the bluff areas. Please call about October 13th, and we wili fax a copy to you. Very truly -yours, GERARD P. GOEHRINGER CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD October 5, 1999 Suffolk County Soil and Water Conservation District County Center, Room N-210 Riverhead, NY 11901-2100 Re: Proposed Pool Construction at less than 100 ft. from LI Sound Bluff Ribaudo Property at 1920 The Strand Way, East Marion Gentlemen: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 We have received an application requesting a variance to build a swimming pool at less than the 1.00 ft. Zoning Code limitation. A copy of applicant's survey (sketch) is enclosed together with a copy of the County Tax Map of the general area. May we ask for your evaluation and suggestions relative to the bluff and immediate area. A public hearing has been advertised for October 14, 1999. Thank you for all your assistance now and in the past. . Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosures ® 1 i BOARD OF APPEALS TOWN OF SOUTHOLD (1-516) 765-1809 tel. (1-516) 765-9064 fax Pursuant to Article XIV of the Suffolk county Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Cenmission: X Variance from the Zoning Code, Article XXIII Section 100-239.4 A.1 Variance from Determination of Southold Town Building Inspector i Special Exception, Article Section Speci a'1 Permit Appeal Novi 4750 Applicant: Ronald & Madeline Ribaudo Location of Affected Land: 1920 The Strand, East Marion, NY Co.unty Tax Map Item No.: 1000- 30-2-56 Within 500 `feet of: Town or Village Boundary Line X Body of Water (Bay, Sound or Estuary) State 'or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned -Land . Boundary of Existing or Proposed County, State or Federal, Park or other Recreation Area Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or ;Within One Mile of a Nuclear Power Plant ;Within One Mile of an Airport Comments: Applicant is requesting permission.to -Swimming pool within 100' of bluff. Copies of Town file and related documents enclosed for your review. Dated: -0&-e t� 1999 - C i COUNTY OF SUFFOLK 4.. ROBERT J GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING December 8, 1999 Town of Southold Zoning Board of Appeals DEC 1 31,099 LI STEPHEN M. JONES, A.I C P DIRECTOR OF PLANNING Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Anplicant(s) Municipal File Number(s) Ribando, Ronald & Madeline* Vitolano, Steven & Stephanie 4750 4760 *An enhanced buffer setback appears warranted as alternatively set forth by the ZBA. k, GGN:cc G:ICCHORNY\ZONING\ZONING\WORKING\LDSIDECIS D4750. WPD Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner LOCATION MAILING ADDRESS H LEE DENNISON BLDG - 4TH FLOOR ® P 0 BOX 6 1 00 e (5 1 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER (5 1 6) 653-4044 EILI[ZAIBETHH A. NEVELLE TOWN CLERK REGISTRAR, OF VITAL, STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OIFIFIICIE OIF THE TOWN CLERK TOWN OF SOUTHOLD Town gull, 53095 Main Road F.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1300 TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: September 14, 1999 RE: Zoning Appeal No. 4750 - Ronald & Madeline Ribaudo Transmitted herewith is Zoning Board Of Appeals Application 4750 - Ronald E Madeline Ribaudo. Also included are Z.B.A. Questionnaire, Applicant Transactional Disclosure Form, Notice Of Disapproval, Application For Building Permit, Building Permit #25961, Letter Of Authorization and copy of Survey. 9 TRANSMITTAL MEMFI TO: ZBA Chairman and Members FROM: A Office Staff DATE: 0�e--e, 5 / e/ (r / SUBJECT: File Update With reference to the above application, please find attached the following new information added to the official ZBA office file: ------- Comments: ------Co ents:--------------------------------------------------------------- N ber of Pages Attached: _____ / _-_________ TrMemo.doc REASONS FOR AREA VARIANCE ONLY (,to be completed by applicant) Do not use these standards for "use variance" or "special exception." (Also attach sheets it necessary, with signatures.) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: rM.'er CJAsI; 47-4 A1ACe-H/AJq' 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for -the applicant to pursue, other than an area variance BECAUSE: A/,a&/e eo _-s AAP -Ise, Ge ® r ew, ro co ® C 3. The amount of relief requested is.•not'substantial BECAUSE cjc j;be . . e4A,®�,r ,Z�i® -mss®s 2 �� ` S/10 WO dv A,,tee arc.. 4. The variance will NOT have an adverse effector impact on the physical or environmental conditions in the neighborhood or district BECAUSE AV"CA"+rS �o� ��.® Y /S COAIVIs'. , Aje-#74 ,/1-'rf4qs+W0191eV er- ~194P .S W Wice. MOT- 0fVP ®A.,� 4V&//#eaVI 0-yl®Wb G 5. Has the alleged difficulty been self-created? ( ) Yes. ( ) No. 6. This is the minimum -that is necessary and adequate, and at the same time preserve and protect the character :of the neighborhood and the health, safety and welfare of the community® STATE OF NEW YORK) COUIM OF SUFFOLK ) (Applicant) Agent must attach. written consent from owner. Sworn to before me this /.3 da S ""r* W W W WWWWWWWW $A$ rxt1k/ 4o=. va: /temp of zf-., 19 f ? Notary 15ubli— e NOTARY RUSUC Q% of N wyak No. 01ST6009473 S k ° FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 25961 Z Date AUGUST 17, 1999 Permission is hereby granted to: RONALD & MADELINE RIBAUDO 36 JOANNA WAY SHORT HILLS,NJ 07078_ for : CONSTRUCT NEW ONE FAMILY DWELLING WITH 2ND FL. COVERED DECK 2 CAR GARAGE UNDER DWELLING AND ACCESSORY INGROUND SWIMMING POOL AS APPLIED FOR. at premises located at 1920 THE County Tax Map No. 473889 Section 030 pursuant to application dated JUNE Building Inspector. Fee $ Rev. 2/19/98 905.40 EAST MARION Block 0002 Lot'No. 056 25 1999 and approved by the ORIGINAL Auth 'zed Sign re 09/10/99 -FRI 10:23 FAX 19739128917 RIBAUDO 1J001 September 9 ,1999 To whom It may concern Southhol d 'Town Board of -Appeals Because we .are not living in N.Y. State at the present time we haVe asked Dick Schaefer of Richard Schaefer Inc, to act in our behalf and file an application of variance for building our East Marion home. If any otheir Material or varification is required, please Inform Dick Schaefer or myself- Thank yself_ Thank you your help in this matter, Ronald Ribaudo Madeline & Ronald Ribaudo 36 Joanna Way Short Hills MJ 08078 . QUESTIONNAIRE 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: (Se arate sheet may be attached.) 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 any proposals to change or alter land contours? Yes. {} No D. 1. Are there any areas which contain wetland. grasses? A/® 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded between the wetlands, area and the upland building area? 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 proposedcon truction at or below five feet above mean sea level? (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown an the survey map that you are submitting? If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ®- If yes,' please sit 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? A10 If yes, please explain where or submit copies of deeds. I. Please rACAII� present use or operations;,conducted at this parcel t1_AA1 ) and proposed use �;F q Authoriz Si tune ale Date 3/87, n/9QIk . , 6L4 6'411-411. • TRANSACTIONAL DISCLOSURI, DRH The Town of Southold's Code of Ethics prohibits conflicts of interest on .,,.the par L- of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts_of'interest and -allow it'to take Whatever action,is necessar to avoid same-. YOUR NAME: 1V%06e_11/1e- (Last ,name, first name, middle initial, unless - you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.)' NATURE OF APPLICATION: (Check -all that apply O Tax grievance Variance Change of zone Approval of plat Exemption from plat'or official map Other (If "Other," name the activity.) Do you personally (or through your company,,spouse, sibling, parent, or child) have a relationship with any officer or employee of the Tovn of'Southold? -"Relationship" includes by blood,.makriage,,or business interest. "Business interest°° means a business, including a partnership, in which the town officer or employee has even a partial ovnership.of;(or employment by) a,corporation in which the tovn officer or employee owns more than 5% of the shares. YES NO If you answered "YES," complete'the balance of this form and date and sign vhere indicated® Name of person employed by,the Town of Southold " Title,or position of—that person Describe the relationship between yourself (the' applicant) and the town officer or employee. Either check the appropriate, line A) through D) and/or -describe in the space provided. The town officer or employee. or his' or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares, of the corporate'stock of the applicant (when the applicant is a'corporation)j :B),the legal or beneficial owner of4any, interest in a noncorporate entity (when the applicant is not a corporation); ,C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSU P Submitted thim 4 ay o 9 Signature &*,Mb,Lyl� Forint name � �� NOTICE OF PUBLIC HEARING THURSDAY, OCTOBER 1-4,7 1999 SOUTHOLD TOWN, BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, OCTOBER 14, 1999 at the time noted below (or as soon thereafter is possible): 6:35 p.m. Appl. No. 4750 - R. RIBAUDO. Based upon a Notice of Disapproval dated September 13,`--1999, a -Variance under Article XXIII, Section 100-239.4A.1 is requested with respect to a proposed location of a swimming pool at less than 100 feet from the top of the L.I. Sound bluff at 1920 The Strand, East Marion, NY; County Parcel No. 1000-30-2-56. The Board of .Appeals will at same time and place hear any and all persons or representatives desiring to be heard in the above applications or to submit written statements before the hearing is concluded. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: September 22, 1999. SOUTHOLD TOWN BOARD OF APPEALS Updated �l FOR BOARD AND STAFF USE New Infformation �a�P�/1,2P1.e 1/Coc . i .T ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK --------------------------------------------x In the Matter of the Application of 4. s?l a 4 (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 30 - 7. - S -L, ----------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) fic. AFFIDAVIT OF POSTING I, �lGt4Q^b> IV �2residing at A 7 W- 13 / Q-tP , New York, being duly sworn, depose and say that: On the day of 19, I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remainein place for -seven days prior, to the date of the subject hearing date, which hearing date 1as s 'o n o b� Iq Iqq r 17 (Signat' e Sworn to before me this ILI day of O c -i , 19 fl . (Notary Public) POSE M. McENERf momyPublic, State f NOWYG* No. OI IC7824850 Qlon ed `` ®etobef 3 ffolk COWRY sslsi® �P *near the entrance or driveway entrance of my property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK -----------------------------------------x In the Matter of the Application of (Names of Applicants) Parcel ID #1000- '3® - 'Z- ------------------------------------------- X -------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) OCT )gg9t r+ AFFIDAVIT OF ' MAILINGS4 I,(G // iding at 7 Gt/• ��y�� e . New York, being duly sworn, depose'aind say that: On the day of Ct6 % 491 , I personally mailed at the'United' States Post Office in JS L IR , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a' true copy ,of the attached Legal -Notice 'in prepaid envelopes addressed to current.owners, shown on the current assessment roll verified from the official records on file -with "the "Assessors, or () County - Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (signature) Sworn to before me this S-111 ;dayof Oc 19 ! % ROSE M. WENERV �-- 14otary Public, State of Now York No. 0S M07824050 Cualified in Suffolk County (Notary Public) Commission Expires October kt, PLEASE list, on the back of this Affrdai�it or on a sheet of paper, the lot numbers next � to the owner names and addresses for which notices were mailed Thank yox i V 1 �A40 /1L� ';q. ✓ 17 s� ywGo �- :3o. z 77- 6v - c6v J 77� i h� eYaxaaa,4'i.�' ��F1 25=i b�s$vi+YwS�• e`}4e]f%y�:� li,+ih`w'''!�.�1�'�.�D+'i.��� v 2 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: I'0 DATE OF • urs.,/c/9 5400me; 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 9 (516) 765-1809 1q,26 '%fi e OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 September 22, 1999 Re: Chapter 58 — Public Notice for Thursday, October 14, 1999 Hearing Dear Applicants: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be mailed and shall include a map or sketch showing the new location with the setbacks and use noted. Send this Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, as soon as possible, with a copy of the map to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. Please submit your Affidavit of Mailing to us by the Friday before the hearing date, with the post office receipts postmarked. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us. If any signature card is not returned, please advise the Board at the hearing. You must post the enclosed sign no later than 10/7/99. Post the sign facing the street, no more than 10 feet from your front property line bordering the street. (If you border more than one street or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must remain in place for at least seven (7) days, and if possible, should remain posted through the day of the hearing. If you need a replacement sign, please contact us. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting to us for the permanent file. If you do not meet the deadlines stated in this letter, please contact us promptly. It may be necessary to cancel your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office Also, please complete paragraphs Enclosures to us. Thank 1 thru 4 on the back of appeal application and return you. -10- Ma 28, rti86 S ecial in Souk own Boar_- .f Appeals y p g (Appeal. No. 3472 - RBERT, decision, continued: in the Matter of the Application AEL HERBERT, BE AND HEREBY IS DENIED WITHOUT PREJUDIC Doy )E4 5 -,)aS0 Vote e Board: Ayes: Messrs. Goehringer, onis, A�e uglass and Sawicki. This resolution was duly adop L PENDING DECISION: Appeal No. 3480: Application of VINCENT AND JOANN CASA for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(A) or 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 Inc., Subdivision Map #2, Lot #115, East Marion, NY; County Tax Ma..p Par- cel No. 1000-30-2-58. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and.concluded on May 1, 1986 in the Matter of the Application under Appeal No. 3480, of VINCENT J. CASA; 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, at said hearing all those who desired to be -heard were heard and their testimony recorded and transcribed; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and ' WHEREAS, the board made the following findings of fact: 1. The premises in question is located along the north side of The Strand Road, East Marion, is identified on the Suffolk County Tax Maps as District 1000, Section 30, Block 2, Lot 58, and is known and referred to as Lot #115, Subdivision Map of "Pebble Beach Farms. 2. The subject premi.ses 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 depth 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 line, 12.4 feet from the east side line and 7.5 feet from the west side line. 3. By this application, appellant requests permission to con- st'ruct an 18' by 36inground swimmingpool with deck areas, set back three' feet from the west side l.ine and approximately 50 feet from the average line of bluff as shown by sketched survey amended April 23, 1981 and filed with this application. The pool and deck areas are shown to be unattached to the existing dwelling. IAI /Vz7/ Southold Town Boar of Appeals -11- May 28, _J86 Special Meeting (Appeal No. 3480 - VINCENT CASA, decision, continued:) 4. Article XI, Section 100-119.2, 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 Agriculture, dated April 3, 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 into the Sound. 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 IS APPROVED in the Matter of the Application of VINCENT J. CASA, Appeal No. 3480, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the pool and deck areas be not closer than 10 feet to the westerly side property line; 2. That the pool and deck areas be unattached to 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 Southold Town Boar( f Appeals -12- May 28, 36 Special Meeting (Appeal No. 3480 - VINCENT CASA, decision, continued:) 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 resolution was duly adopted. PENDING DECISION: Appeal No. 3396: PVariance to the Zonir�g Application of GARY DOROSKI for a Ordinance, rticle XI, Section 100-119.2(B) for permission to locate proposed pool rith decks and fence enclosure within 75 feet f wetlan and highwater ma -c, at 425 Monsell Lane, Cutchogue, NY; rwald Sub- division Filed Map No. 1275, Lots 31-35 inclusive; C my Tax Map Parcel No. 1000-97-087. Following deliberations, the board/ ok the following action: WHEREAS, public hearings were field on April 3rd and May 1st, 1986, in the Matter of the Applicatiof GARY DOROSKI under Appeal No. 3396; and 7 \ WHEREAS, the board �bers have personally viewed and are familiar with the premis in question, its pre s t zoning, and the surrounding areas; and WHEREAS, t said hearing all those who desired to be heard were heard and heir testimony recorded and transcribed; an VfH'REAS, the board has carefully considered all testimony`,�nd documeptation submitted concerning this application; and LOT 113 D SOUND NG SCAN 0 70� s� N 0 40 38� �� ti TEST HOLE DA TA SUPPLIED BY : McDONALD GEOSCIENCE r- EXISTING GRADE 1. DARK BROWN SANDY LOAM OL SURVEY OF 3, BROWN LOAMY SAND SM LOT 114 B' PALE BROWN 1/NE TO COARSE SAND SW IN MAP OF PEBBLE BEACH FARMS S1 TUA TE BROWN SILTY SAND SOME LAYERS WITH HEAVY GRAVEL SM EAST MARION TOWN OF SOU THOLD SUFFOLK COUNTY, N. Y. ZONED R40 47' WATER /N BROWN SILTY SAND SM 51' WATER IN BROWN FINE TO MEDIUM SAND 57' D " FINISHED GRADE r TM 1000-030-02-56 i MIN. 2' MAX. FM # 6266 / 1/a'` 1f • 4N FILED JUNE 11, 1975 SURVEYED: 17 FEBRAURY 1999 300 S.F. SIDE WALL SCALE 1 "=30' AREA LEACHING AREA= 26, 636.068 SF POOL OR 0.611 ACRES 2' MIN. GROUNDWATER GUARANTEED TO LOT 115 RONALD RIBAUDO MADELINE RIBAUDO TYPICAL CESSPOOL SYSTEM TOWN OF SOU7HOLD OUND POOL 7700 49M irs;5Q.5 FDD tt0 000) TI E NYTEL S 41' 24' O9. W GE OF AspNALT WATER MAIN LOCA N ee� ED FIELD £LETL 4,, 9C3TV �.z RAN D L_ I NOTE: ELEVA77ONS SHOWN HEREON FINISHED GRADE IN NG VD 1929 BM= 0325-1943 1' MIN. 2' MAX. 114-1 V ►/B' /1' jj I r8' MIN. TO CESSPOOL 1000 GAL. SEPTIC TANK SURVEYED FOR RONALD RIBAUDO MADELINE RIBAUDO TYAll'd / C�ATIr' Td All! Gucrrnt_cs ir.uicated here on shall rm o, ly tote person for whom the surrey is prcrcred, cnd on his behalf to the 1%'^ ccrnpcn;r, Cov�rmer:tcl Ac,^ncy, lr,.sti:: .,._.;;,acn, i' ;is!,d hcroon, end t^ i'l'� cs i_•na25 of il7> lcn�i-g institut;on. Ga;ar::nto�>s cre not trcmfcr�Lle to ad:fitional irs:itut:ar,s cr s bssciu:nt owners. Unauthorized afteration or cddition to this s rvey i� (I vi:Iaticn of 5=c'i4n 7209 of +h) Now York `tate Education Law. Ccrics of tl;is survey map riot bearing the Lcnd yurv^yors em':.•ossed seal sho's,' not be co:,sidored to be a valid tru- copy. SURVEYED BY STANLEY J. ISAKSEh. „r?. P.O. BCX -'S'4 NEW .SUFFOLK, N! 11 ', ' 97-70t 9y(" 7�4r