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Home My WebLink AboutFRANKOLA, FERUCIOHENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILI~P J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, $3095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE '516) 765-1892 July i, 1987 Mr. Ferucio Frankola 9-01 138 Place Matba, New York 11357 Re: 269 Glenn Road, Southold, New York Dear Mr. Frankola: The following action was taken by the Board of Town Trustees during their regular meeting held on June 25, 1987 regarding the above matter. RESOLVED that the Southold Town Trustees WAIVER the need of a Wetland Permit for the construction of a full second floor addition to au existing residence on property located an 269 Glenn Road, Southold as per the request made by Ferucio Frankola ~ubject to a restrictive covenann to be prepared by the applicant's attorney, reviewed by the Town Attorney, and filed by the applicant in the office of the County Clerk. Copy of same is to be forwarded to the Trustee office for the file. Should you have any questions or concerns, please do not hesitate to contact this office at the telpehone number listed above. PLEASE RETURN TO THE BUILDING DEPT. F~R A DETERMINATION ON THE NE~D OF ANY OTHER TOWN PERMITS THAT MAY BE REQUIRED FOR THIS PROJECT. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS:ip cc: Board of Appeals Bldg. Dept. D.E.C., Albany D.E.C., S~ny Brook Trustees/ file / HENRY P. SMITH. President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall. 53095 Main Road P.O. Box 728 Southold. New York 11971 June 30, 1987 TELEPHONE Mr. Ferucio Frankoia 9-01 138 Place Malba, New York 11357 Re: 269 Glenn Road, Southold, New York 11971 Dear Mr. Frankola: The following action was taken by the Board of Town Trustees during their regular meeting held on June 25, 1987 regarding the above matter. RESOLVED that the Southold Town Trustees WAIVER the need of a Wetland Permit for the construction of a 20' x 40' ~n-ground pool and a 8' diameter Jacuzzi with an 8 sided Gazebo above the Jacuzzi as requested by Ferucio Frankola for property located at 269 Glenn Road, Southold. Ail discharge from the pool is to be kept out of the creek. During excavation the fill must be contained so that it does not wash into the creek. Please remit $25.00 to this office for the Waiver granted. Vary truly yours, Board of Town Trustees HPS:ip cc: Bldg. Dept. Board of Appeals Trustaes file BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 728 Southold, New York 1 I971 TELEPHONE (516) 765-1892 APPLICATION NO. IDENTITy OF APPLICANT DATE OF APPLICATION ~/~? .~ /~'-~ PHONE NO TA× MAP NO. 7~ AGENT LOCATION OF pROPERTY FOR WHICH ~ERMIT WANTED HOME ADDRESS OF PERMIT APPL ICANT IF DIFFEI:?ENT FROM AFORe'SAID LOCATION_ __fi_ ~ / /35 £~ Y~///L/~ X/ Y. / s,= o~ PRO~OSEO woR~ leo x 790 HEI.GHT ABOVE HIGH ~ATER '~ " YARDS TO BE EXCAVATmD yARDS TO BE FILLED WIDTH OF CANAL, DEPTH AT LOW. TIDE AVERAGE RISE IN TIDE AGENCY ARE THERE ANY. COVENANTS PROHIBIT THIS PROJECT? OR RESTRICTIONS IN YOUR DEED THAT.WOULD BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SHORT ENVIRON&IENTAL ASSESSMENT FORM Project Information (To be completed by Applicant or Project sponsor} ~:~ Yes L- No If No, describe briefly ~ Resident,al [] Jndustda[ C] Comme,'ci~l [] ^gricuIture [] Park[~nd,'open ,pace D Other ~ Yes ~ NO If yes, Fist agenc~s} and permi~approvais U Yes ~ No If yes, llst agency name and permJtiaoprovaJ type ~~o ~~ c~ '~-~- ~7" COUNTY OF SUFFOLK STATE OF NEW YORK ) )SS: in completing this application I hereby authorize the Trustees~ agent 5r representative to enter onto my property to inspect the premises in conjunction with review of this app~ication.~ SWORN TO BEFORE ME THIS / ~ DAY OF ~ ,19-~ U HEI.,EN K, I)E VOE 4767878, ~XAMINED ~rWETLAND~'~ PERMIT (CHAPTER 97) "BOAT,DOCKS, WHARVES" PERMIT (CHAPTER 32) (CHAPTER 32) EXAMINING BODY SIGNATURE OF CHAIRMAN COMPUTATION OF FEES October 14, 1987 Board of Town Trustees Town of Southold Town ~alI 53095 Main Road P.O. ~gx 728 Southold, New York 11971 Att: Eileen Pfifferling Re: GI~nn Road Sou~hold, New York Mr. and Mrs. Frankola Dear Eileen: Pursuant to my letter of August 28, 1987, enclosed please find copy of recorded Restrictive Covenant with reference to the above captioned matter. Thank you MLR/mc Enclosure for your cooperation. cc: Rina Frankola 10391 This Indenture made this ~fWday of July, 1987 by FERUCIO FRANKOLA and RINA FRANKOLA, (hereinafter referred to as the "FRANKOLAS") both residing at 269 Glenn Road, 8outhold, New York, WHEREAS, the FRANKOLAS are the owners of the land and improvements located at 269 Glenn Road, Sou~hold, New York, more particularly bounded and described as follows: ALL that certain plot~ piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being ~n the town of Southold, County of Suffolk and State of New York, ~.~nown and designated as Lot Mo. 19 on a certain ~-~p e~titled, "Map of :?~CWest Creek Estates", filed in the office of the Clerk of the County of Suffolk on August 19, 1963, as Map No. 3848. WHEREAS, the Board of Town Trustees of Southold, at their regular meeting held on June 25, 1987, resolved that the Town waive the need of a Wetland Permit for the construction of a full second floor addition to the aforedescribed premises as per request of the FRANKOLAS, upon the filing of a restrictive covenant restricting the premises for use as a one family dwelling. NOW, THEREFORE, in consideration of one ($1.00) dollar and other qood and valuable consideration receipt whereof is hereby acknowledged this Indenture witnesseth that: 1. The FRANKOLAS do hereby covenant and agree that the structure constructed on the aforedescribed premises shall be occupied and used as a one-family dwelling only. 10391 P 347 heirs, land. 2. That this covenant shall be binding on the successors and assigns of the FRANKOLAS and shall run with hereunto set written. IN WITNESS WHEREOF, the parties hereto have their hands and seals as of the date first above the RINA FRANKO~A STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) On the ~ day of July, 1987, before me personally came FERUCIO FRANKOLA and RINA FRANKOLA, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that Notary I~ERRARI, ROSENTHAL ~ I~[COANN August 28, 1987 Board of Town Trustees Town of Southold Town Hall 53095 Main Road P.O. Box 728 Southold, New York 11971 Att: Eileen Pfifferling Re: Glenn Road $outhold, New York Mr. and Mrs. Frankola Dear Eileen: Please be advised that the Restrictive Covenant with reference to the aforecaptioned matter was recorded on August 13, 1987 in Liber 10391 at page 346, in Suffolk County Clerk's Office. Upon receipt of the recorded original, I will forward a copy to you. Thank you for MLR/mc your courtesies and cooperation. cc: Mr. and Mrs. Frankola LAW OFFICES ROSENTHAI. ~c ~V~CGANN July 28, 1987 Board of Town Trustees Town of Southold Town Hall 53095 Main Road P.O. Box 728 Southold, New York 11971 Att: Eileen Pfifferling Re: Glenn Road Southold, New York Mr. and Mrs. FraRkola Dear Eileen: Pursuant to our telephone conversation of this date, please be advised that I have forwarded the duly executed Restrictive Covenant with reference to the aforecaptioned m~tter to the title company which I use and requested that it be rgcorded in the Suffolk County Clerk's Office. Please be further advised that after the recording of same and upon receipt of same from the County Clerk, I will forward a copy to you. Should you have any questions, please contact the undersigned. t would appreciate the cooperation of the Board of Trustees in issuing a building permit to my client. MLR/mc cc: Mrs. Rina Frankola COVENANT Section: 078.00 Block: 02.00 Lot: 036.000 County: Suffolk Record and Return to FERRARI, ROSENTHAL & McGANN Attorneys At Law 1201 Northern Boulevard Manhasset, New York 11030 July 21, 1987 Frank Yakabowski, Esq. 456 Griffing Avenue Riverhead, New York 11901 Re: Town of Southold Restrictive Covenant Premises: 269.Glen. Road Southold, New'York Dear Mr. Yakabowski: Please be advised that the undersigned represents Mr. and Mrs. Frankola, the owners of 269 Glen Road, Southold, New York. Please be further advised that at the request of the Board of Town Trustees, I have prepared the enclosed Restrictive Covenant with reference to the abovecaptioned premises. Kindly review the enclosed and advise as to whether it will be satisfactory. Should you have any questions, please contact the undersigned. Yours very truly, MLR/jjo Enclosure cc: Mr. and Mrs. Frankola Board of~Town Trustees ~RJORIE L. ROSENTHAL SMITH, FINKELSTEIi~! LUNDBERG~ ISLER AND YAKABOSHI July 22, 1987 Marjorie L. Rosenthal, Esq. 1201 Northern Boulevard Ma~nasset, New York 11030 Re: Town of Southold Restrictive Covenant Premises: 269 Glen Road Southold, New York Dear Ms. Rosenthal, I acknowledge receipt of yours of July with enclosure. The covenant is in good order. Very truly yours, 21, 1987 FJY;dkw cc: Board of Trustees Town of Southold FRANCIS J. YAKABOSKI 2 TOWN OF SOUTIIOLD 5~095 Mai~l Road Pholle 765-1892 .. Southola. N. Y. 11971 BOARD OF TO~ ~RUSTEES Cash ~ x V - 38 REQUEST FOR A WAIVER OF THE WETLAND ORDINANCE - FERUCIO FRANKOLA ~ PLEASE FIND ATTACHED A WETLAND APPLICATION AND REQUEST FOR A WAIVER OF THE WETLAND ORDINANCE FOR THE CONSTRUCTION OF A IN-GROUND SWIMMING POOL, WITH 6" FENCE AND DECK AND A JACUZZI WITH A GAZEBO OVER SAME. Southold Town Board of Appeals MAIN I~0AD- -qTAT£ ROAD 25 50UTHOLO. I_.l., N.Y, llg?l TELEPHONE (§18) APPEALS BOARD MEMBERS GERARD P~ GOEHRINGER CHAIRMAN CHARLE~ GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI September 21, 1987 Mr. Ferucio Frankola P.O Box 630 Southold, NY 11971 Re: Appl. No. 3648 - Variance Dear Mr. Frankola: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board--~f Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return Lo the Building Department for issuance of any permits or other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, P. GOEHRINGER GERARD CHAIRM~N Enclosure Copy of Decision to: Building Department By Linda Kowalski ~oard of Towo Trustees Suffolk County Planning Commission Mr. Ferucio Frankola (personally picked-up 9/22) I~AIN ROAD-STATE ROAD Appeals SOUTHOLD. L,I,, N.Y. 11c~71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No, 3648 Application Dated July ]0, Mr. Feruci0 Frank0]a P.O. Box 630 $0uth0]d, NY ]]97] 987 ].ant (s) 1 At a Meeting of the Zoning Board of Appeals held on ~eptember ]0, ]987 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 [ ] Request for Variance to the Zoning Ordinance Article XI, Section 100-119.2 [ ] Request for Application of FERUCIO FRANKOLA for a Variance to the Zoning Ordinance, Article XI, Section ]00-119.2 for permission to con- struct swimmi~gpool, deck and fence enclosure within 75 feet of wetland area along West Creek. Location of'~Property: ]900 Glenn Road, Southold, NY; West Creek Estates Lot No. 19; County Tax Map Parcel No. ]000-78-03-36. WHEREAS, a public hearing was held and concluded on August 1987 in the Matter of the A~plication of FERUCIO FRANKOLA under Appl. No. 3648; and 20, WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its presens zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is shown on the 1963 Subdivision Map of West Creek Estates as Lot No. 19, containing a total area of 27,000± sq. ft. with frontage of 100 feet along the south side of Glenn Road and along West Creek. 2. The subject premises is improved with a single-family dwelling built under Permit #3507Z during 1968, and is located in the "A" Residential and Agricultural Zoning District. 3. By this application, appellant requests permission to locate an inground swimmingpool; with decks and fence enclosure, as more particularly shown on sketched survey submitted with this application. The actual pool construction is proposed at 60 feet from the bulkhead at the west side and 75 feet from the ordinary high-water mark along West Creek. The fence enclosure is shown ~o be not less ~nan 69 ~eet from the ordinary high-water mark along West Creek and 55 feet from the west property line. (CONTINUED ON PAGE TWO) DATED: September 10, Form ZB4 (rev. 12/81) 1987. CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appl. No. 3648 Matter of FERUCIO FRANKOLA Decision Rendered September 10, 1987 4. Article ~I, Section 100-119.2, subparagraph (B) requires all buildings and structures located on lots adjacent to tidal water bodi. es other than the Long Island Soune to be set ba. ck not less than seventy-five (75i feet from the ordinary hi§hwater mark of suck tidal water body, or not less than seventy-five (75) feet fr6m the landward edge of the tidal wetl.and, whichever is the greater distance. 5. The Courts have held tha% the area Setback variance must meet the "practical difficulties~' standard, considering as follows: (a) the relief ~equest.ed is not substantial in relation to the requirement; (b) the project as proposed is not out of character with the neighborhood; (c) the ci.rcum- stances of the property are unique and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, comfort, convenience or order of the town; (e) the variance requested is the minimal necessary; (f) there is no other method feasible for appellant to pursue other than a variance. 6. It is the opinion of this Board that: (a) the relief requested is the minimal necessary under the circumstances; (b) the project as proposed is not out of character with the neighborhood; (c) the circumstances of the property are unique and are not personal in nature, particularly due t_Q the nonconforming size, lot width, limited buildable area, etc.; (d) the variance will not in turn be adverse to the safety, health, comfort, convenience, or order of the town; (e) the variance is not unreasonable and the project will comply with all other zoning setback restrictions of the Code as proposed; (f) the percentage of relief requested is not substantial in relation to the requirement; (g) that in view of all the above, the interests of justice will be served by granting the variance, as applied and further noted oelow. 7. Ct is noted for the record that: (a) at a Regular Meeting held June 25, 1987, the Southold Town Board of Trustees granted a waiver from the requirement for a Wetland Permit as noted therein, and (b) the applicant has indicated that he has an application for a wetland permit pending at this time before the N.Y.S. Department of Environmental Conservation concerning this project. NOW, THEREFORE, on.motion by Mr. Goehringer~ seconded by Mr. Douglass, it was RESOLVED, to GRANT a Variance from the Provisions of Article XI, Section 100-119.2 for permissio~ to locate swimming- pool fence enclosure (inclusive of decks and pool) with a setback at its closest point from the ordinary highwater mark along West Creek at not less than 69 feet, and from the ~nner edge of timber bulkhead at the west side at not less than 55 feet~ AS APPLIED, AND SUBJECT TO THE FOLLOWING CONDITION: 1. That the pool remain open and unroofed [except by s~hsee~ent aoolication and consideration therefore], Vote of the Board: Ayes: Messrs. Goehrinser, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was duly adopted. Ik September 21, 1987 I t z~o4-