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22 Tully Shown�)�Tcz-r' d/�ut 3 — 2840 8-ta-r-s—Rd . , E . Marion 1 PH . 4-22-99 #9684 _ --s-e-tt�-a-c1z---fr�n,--b-rti��-•--�s� -�� APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 5, 1999 Appl. No. 4684 - P. THATCHER/S. TULLY PARCEL 1000-22-3-1. STREET & LOCALITY: 2840 Stars Road, East Marion DATE OF PUBLIC HEARING: April 22, 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/DESCRIPTION• The subject property consists of 12.3268 acres, with access off the east side of Stars Road (approximately 2850 feet north of its intersection with Main Road). The property has variable dimensions: 1575 ft. in length at the easterly property line, 460+- ft. along the tie line along high water mark and 150+- feet minimum frontage along Stars Road at the southwesterly section of the property. The parcel is improved with a single-family dwelling. The setback of the dwelling is shown to be 101 feet from the top of the bluff of the Long Island Sound at the northeast corner and at 110 feet at the northwest corner, shown on the March 19, 1999 survey prepared by Peconic Surveyors, P.C. BASIS OF APPEAL: Notice of Disapproval dated March 12, 1999 regarding a proposed addition which will be located at less than 100 feet from the top of the Long Island Sound bluff, citing Article XXIII, Section 100-239.4A(1), which requires a setback of 100 feet. RELIEF REQUESTED: Applicant, who is contract vendee, is requesting a variance with respect to a proposed addition, extending 20 feet from the north side of the dwelling, leaving an 80+- ft. setback to the top of the bluff. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) The house which applicant wishes to expand, which has never been occupied, is constructed to face inward onto a courtyard. The only view of Long Island Sound is from windows in a corridor connecting two sections of the house. Short of rebuilding the house, an addition such as that proposed by the applicant appears to be the only feasible way to provide a view of the Sound from living areas. (2) The proposed 20 -foot addition is a relatively modest solution to the architectural problem and leaves a setback of 80 feet from the top of the bluff. (3) Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the proposed addition will not change the character of the house and because the house is well screened from neighbors. Page 2 —,May 5,'1999 Re: 1000-22-3-1 (Tully) Southold Town Board of Appeals (4) Reports from the County Soil and Water Conservation District and from John Raynor, a professional engineer retained by applicant, state that the bluff face is stable and well vegetated. However, both reports note that the path running from the easterly edge of the property down to the beach has been significantly eroded by storm -water runoff. Both reports also state that runoff from the proposed addition should not be permitted to flow toward the bluff. (5) The Board will place conditions on the variance with the intent of preventing adverse effects on physical or environmental conditions. (6) The grant of the requested variance, subject to the conditions set forth below, is the minimum action necessary and adequate to enable applicant to enjoy a view of the Sound from his house while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to GRANT the application, as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. All runoff shall be confined to this site, and applicant shall take steps necessary to prevent storm -water runoff from reaching the path to the beach, and shall restore the path in the manner recommended by John Raynor, P.E. (as agreed). 2. The house shall be equipped with gutters and leaders adequate to collect all north -flowing storm runoff and to recharge such runoff into a location well away from the bluff. 3. There shall be no (substantial) disturbance to the natural vegetation at the top of the bluff. 4. No heavy equipment (for example, larger than a backhoe) shall be used in constructing between the addition to the existing house and the lip of the bluff. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS. (Member Horning of Fishers Island was absent -excused.) This Resoluti duly adopted (4-0). !IT,FILED BY ✓ / GERARD P. GOEHRINGER CHAIRMAN 5--7-y5e { a:aap For Filing 5/7/99 1000-22-3-11 ........................ .................................... Mae .................. ...i Tow Ci Ik / , Article and Ar based "i Notices that tht is less and wi Locati( Shore woe' RMlcle nnJ"' 239.413; based upon t Disapproval which st deck is proposed to be in 75 feet oftexistir Location of Property Creek Drive, Southolo No. 1000,70.5-11. 7:05zp.m-,Appl, FRANK R, Exception is'equestt title RL Section IOC approval of Accessoy Use in applicant's exis at 3370 Wickham Mattituck, NY; Parcel L luu-4J9-4L ea& :,,� addition, ckdyl''' amended arcel', Match 18. than 75 ft i,, Lig head at 3 ecial'Southold, Ar-,,�. The Bc fof'-Ii: timeand TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date: March 12, 1999 To: Ms. Pauline K. Thatcher 2840 Stars Road East Marion, New York 11939 PLEASE TAKE NOTICE that your application dated February 22, 1999 For permit to Construction of an addition for an existing single family dwelling at Location of Property 2840 Stars Road East Marion New York 11939 douse o.ireet—ZiinTet County Tax Map No: District 1000- Section 22 - Block 03 Lot 01 Subdivision: Filed Map No. Lot No. Is returned herewith and disapproved on the following grounds: Under article XXIII Section 100-239.4.A(1), All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shalt be set back not fewer than one hundred (100') feet from the top of such bluff or bank. The proposed addition is indicated as'seventy (70') feet from the top of bluff. 1'-'�RD OF UEALITI tae FORM d0. 1 siETS OF PLANS ............. • TOWN OF 9611TUOLD SURVEY ....................... BUILDING DEPARTMENTCHECK ......................... TOWN HALL SEPTIC FORM ................... SOUTHOLD, N.Y. 11.971 TEL.: 765-1802 NOTIFY: - CALL ..,.................' Examined... .........•.... 19 .... MAIL TO:...,. ............. Approved... ..............,.19.... Pencdt No. „-........',...,.. ..................................... Disapproved a/c JETId(,l(:..70`ioPOF.Lva=t:.'Y.9`) �%�j-'--- 1 (Building Inspector) Inspector) U Yf S .. n t APPLICATION FOR BUILDING PEIUI1T L Z19 Febrarats 22 99 Date. -...:...Y...•..,19.... BLDG.DEPT INSTRUCTTONS TOWN OF SOUTHOLD a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector wit] 3 sets of plans, accurate plot plan to scale. 'Fee according to schedule. b. Plot plan slxxdng'.location of lot :and ofbuildings on premises,relationship. to adjoining premises orpublic streets or areas, and ;giving a__detailed description of layout of property mist be drawn on the diagram which is part of this application. r. The work covered by this application may not he commenced before issuance of Building Pensit. d.` Upon approval;, of this application, the Building Tnspector will issue a Building Permit to the applicant. Such permit shall be kept'gn! Ute premises available for inspection througjwut the work. e.. No building shall be occupied or used in whole orin part for any purposewhatever until a Certificate, of i Occupancy "shall have leen granted by the Building Inspector, ,- APPL.ICNrION IS HEREBY INDC to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the .Town 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 deenlition, as herein described. 'Hce applicant agrees to comply with all applicable lacus, ordinances, building code, lxxming code, and '.j regulations,. and to admit authorized inspectors on premises and in building for necessary inspections. ....... (Signature of: applicant, or caM . c1 arorporation) Shawn Tully by Charles R. Cuddy, his agent c/o Charles R. Cuddy, Esq. PA,Box.15.4,7,,.4A5,Gr-if fa.nq- Ave. ,•-R!*@Ph2ad (Mailing address of applicant) NY 11901 !,. State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, pluiber or builder. ..Shawn. Tully.7.S.gontrdjZt.Yegde€-4nfl.agPnt.far,.the.ofvner................................................... Name of owner of premises .. P.aUJjne.K,..Thatcher:.............................._.................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. ......................................................... (Name and title of corporate officer) Builders License No . ......................... Plumbers License No . ......................... Electricians License No. ..................... Other Trade's License No . .................... I. Location of land on which proposed work will be done. -9840 ,it4p5-FrOdd•;-Ea9't-M&rio*;•N•Y .......•.. .................. .._.............•. .................... ... .........,.................. house Nnber Street Hadet County Tax Map No. 1000. Section ... ??.......... Block . 3............ wt .,1 .............. tSubdivision ...................................... Filed Map No. ............... Lot ............... (Name), State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ..................................... b. Tnteided use and occupancy ..ResiAeOCa~ 0f.AppJ.i.cant.............................................. t ii 1. Nrture of work (check whicit applicable) .. e. A llV74 New Ikridding ......,.,. Addition s ....... Alteratij on .......... Repair ............. Removal ......,........ demolition ............ Other Work .................................. Existing permit # 24028 Z (Description) i. Estimated Cost ..$.3.Q,0QQ.0A .......... fee ..... .------ .................................. (to be paid on filing this application) 5. If dtaelling, nnlxer of dwelling units . 1........ Nudier of (swelling units on each floor ................ Ifgarage, nnber of cars ......:................................. 5, If business, eamercial or mixed occupancy, specify nature and extent of eaclr type of use .....................:+' 1. Dimensions of existing structures, if any: Front ................ Rear ............... Depth ............,.,.i Might......................... Umber of Stories ...................... Dimensions of sane structure with alterations or additions- Dont ............... Rear ............... Depth .................... height .................... Nnber of Stories ............... S. Dimensions of entire new construction: Front ..129.'.......... Rear ............... Depth ..20.......... lieiglrt ..3.5 .................... 1 .................. Id.�der of Stories ... ........,...:.... 9. .Size of lot: Front .................... Rear ...... ............... Depth ........x.........12..3268 acres 10. 11ale of ddrrchase Being purchased _ Name of Roamer (liner Pauline K. Thatcher 11. Tone or use district in which premises are situated:.R-•80•••..................................................... 12. Does proposed construction. violate any zoning law,.. ordinance or regulation: Yes; 20' into 100' _bl uff set. back 13. Will, lot be regraded-:........,............ Will excess fill be reamed from premises: YES No M. Names of Owner of premises .Pau1!Ae.K-...Thatcher: Address" -654 Madison Ave New -Yorker •NY• -•1b021••-•• 1?lxme No. .............. tia a of Architect .................................... Address .............................. lime No. ........ 45 Main Road Mane of Contractor . Spjtljj,er4..C.4nStr:llGtl4D..... Address . . ox.552,.Sautbald..... llxme No. 75.5-6&19.... 15. Is this property within 300 feet of a tidal wetland? * YES.......... NO...... ,... IF YES, SlA1si1011) MN 'IRISMS, PEldirr MY RL I OQ11MA). PIAT DIAGRAM locate clearly and distinctly all buildings, winetler existing or proposed, and indicate all set -back dimensions From property lines. Give street and block saber or descriptionaccording to deed, and .'show street names and indicate. whether interior or corner lot. Survey attached SIMS OV N?W Y01m, MINVY Or SUFFOLK ss CUDDY CHARLES R. CY .RLES ....CURD.................. ..... ,.,being (July swum, deposes and says lhaC he is Lhe-applicant . (Nose of individual signi.og contract) ile..is We... AOent. feu;applicant,, Shawn. Tully, contract vendee ............... .........I.............. ............. (Contractor, agent, -corporate officer, etc.) - of said own:r or rx;ners, and is duly authorized to perform or have perfotned the said work and to make and file Lhis '- application; brat all. statements contained in this application are true to the best of his ktxraledge and:. belief; -arxl - that Lhe work will be performed in the manner set forth in the application filed L erewith. .9wurn Lo before me this G((..��..day of :February. .... .19.99 .... PATRICIA A. CLARK (Sipunt.ure of Applicant)' Notary Public. State of New York No.5711005 Qualffied in Suffolk County Commission Expires September 30, %D TOWN OF SOUTIIOLD, t4rW YORK ' APPEAL FROM DECISION 0 -OUILDING INSPECTOR APPEAL NO. DATE ....„�...... TO T1 IE ZONING BOARD OF APPEALS, TOWN OF SOUTh10LD, N. Y. . CarlesT R, Cuddy, Esq ,' agent for 1, (We) awn u11 ” V, West 22nd St ee ....... , .. . i ofk?.. F >i.. Nameof; Appellant Street and Number New York Municipality ,. ............. 1JEREBY APPEAL TO Stato THE LOIdihIG BOARD OF APPEALS FROM TI IE DECISION OF TIMEBUILDING INSPECTOR ON APPLICATION FOR PERMIT NOFebruary ..2 2;2, 1999`' DATED ........ . .... .............................. WHEREBY THE BUILDING INSPECTOR DENIED TO Shawn Tully . ......:.......�. ...... ......... ......::. Name of Applicant for permit of 361 'West 22nd Street, New York, NY Street and Number Municipality .•�State ( I PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x.) .'REQUEST FOR BUILDING PERMIT - 1. LOCATION' OF THE PROPERTY .�$4,Q.S.C.T...Rgs Street /ilam e�' Use District' on Zoning Map District 1000 Section 22 Block 3 Lot 1 -•--• -• -.»....:....._,.Current Owner Pauline K. Thatcher Mop No. Lot No. Prior Ortner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Paragraph of Ute ,Zoning Otdlnoncei by number. Do not quote the Ordinance.) Article XXITI Section 100-239.4A(1) 3. TYPE OF APPEAL Appeal is made herewid, for (please check appropriate box) ( X) A VARIANCE to the Zoning Ordinance or Zoning Map - ( "J A VARIANCE due to lock of access (Stote'of New York Town Low Chap, 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ) (has not) been made with respect to this derision of the Building Inspector or with respect to -this property. Such appeal was ( ) request for a special perrnk ( ) request for a variance` and wos made fn Appeal No ......... ................Dated ........ r• RFf+SON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinanco' Is requested for the reason that construction of one-story, dwelling U' into 1001 bLuff set back Form 2111 (Cantinue on other side) REASONS FOR AREA VARIANCE -ONLY (to be completed by applicant): Do not use these standards for "u a variance" or "special exception." (Also attachsheets 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: This is'a single residence on a 12.5 acre lot and the ,proposed addition will not extend further toward the bluff area than other homes in the area. 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: The existing home has been constructed in`a manner which does not include any ' opening in the home, i.e., window area facing Long Island Sound, 3. The amount of relief requested is not'substantial BECAUSE The applicant seeks to go only �a feet `into the bluff area. 4. The variance will NOT have an adverse effect or, impact on the physical or environmental conditions in the neighborhood or 'district BECAUSE' This is a one-story addition ,to,a two-story dwelling located on a 12 112 acre parcel, set back substantial'Iy from the top of, the bluff and under these circumstances should not adversely affect any condition in the neighboring area. 5. Has the alleged -difficulty been self-created? ( ) Yes. ( x) 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) COUNTY OF SUFFOLK) (Applicant) Charles dd , Agent for Shaull Agent must attach tten onsent from Ver Sworn to before me this 15th day of March ,' 1999 JOAN W LUCA NotaNfNo,62-465S.ataofNewYodc Notary Public Qualified in Suffolk County 3G 0'O Commission Fxpims Jan 31,}V SSXS STS XSSSSS SSS3SZ C:Ct1.K.11.OrM. "rltemD" TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER _. _ 9 STREET Zg_ VILLAGE c1 t 112 DIST. SUB. LOT FORMER 'O NER 7Z �tP St �1L Nts�.. ,<.t E ACR. Wow TYPE OF BftILDING RES, ------SEAS. VL� . ,: FARM comm, CB. MICS. LAND Mlct. Value IMP. �7a 7-c' TOTAL DATE REMARKS /3oc>v ter J s21�.. l! r 4 7 145 LLC �.c)c� I 000VEv 1000 (�. I2�cn 1 �7 9/ �cae l of -+o I-7z�u�Fi'Plci St Cnc$9qr2 10 00 l0 400 lir( QOo'a, I �� //JJQLD¢..- YY]�.1P��'nn W�AhF Gagnon 1? 5 E 11B iop'Zt/ BU�LDI G C NDI NEW NORMA - BELOW BELOW r- -_ z 7-L �� ��� �3/l - r Zz { Fr�c�'�' St y ,a7 /hi✓ vtli '� ABOVE F' RM Acro Volue Per Value j �f c✓if�Tc?rN�1c���r/9/rRl Acre T _ I pole FRONTAGE ON WATER Waodlond C t/DU1 itz n /C �b 4 goo p FRONTAGE ON ROAD 6 vo ,� p DEPTH" on House Plot �5 Q 2702 6S ofual,,� 70 r BULKHEAD 'Total a 1 DOCK DEPARTMENT OF PLANNING Town of Southold - Zoning Board of Appeals r' li COUNTY OF SUFFOLK _- ROBERTJ. GAFFNEY SUFFOLK'COUNTY EXECUTIVE May 20, 1999 0., EN M. JONES, A.I.C.P. NAY ,2'�j9S9 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. Applicant(s) Municipal File Number(s) Mortimer, Patrick 4636 Boyle, John 4655 Raynor, Frank SE4665 Henry L. Ferguson Museum, Inc. 4671 Hughes (Anthony) & Hulme (Susan) 4675 Basilice, Vincent & Linda 4678 Rogers, Jon & Jacqueline 4679 Terry, Raymond & Barbara 4680 Hughes, Michael* SE4681 Campbell, Virginia 4683 Tully, Shawn* 4684 *With the understanding that premises will be developed consistent with appropriate mitigation measures, particularly as set forth by the Zoning Board of Appeals. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GN:cc LOCAMON MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. O. BOX 61 00 ■ (5 1 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1788-0099 TELECOPIER (5 1 6) 853-4044 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 Ccrmis1, ® Variance from the Zoning Code, Variance from Determination of Special Exception, Article Special Permit Appeal No: 4684 Applicant: Location of Affected Land: 840 County Tax Map Item No.: 1 %O_ Within 500 feet of: Town or Village Boundary Line X_ Body of Water (Bay, Sound or Est State or County Road, Parkway, H Boundary of Existing or Proposed Boundary of Existing or Proposed Recreation Area R icle XXIII , Section 100-239.4A(1) uthold Town Building Inspector , Section Tully) Shawn )tars Rd., E. Marion, N.Y. 22-3-1 ry ) , Thruway ty, State or Federally Owned Land unty, State or Federal Park or other 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 setback from bluff Copies of Town file and related documents enclosed for your review. Dated: %a ��� 1999 FWA 29 9FAILVINTA .11 03kTiI !&S 030M Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning # May 7, 1999 Charles R. Cuddy, Esq, 445 Griffing Avenue P.O. Box 1547 Riverhead, NY 11901 Re: Variance Application - Shawn Tully 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 conditions, rendered at our May 5, 1999 meeting. Please be sure to follow-up with the Building Department regarding the next step for issuance of a building permit and any other agency approvals that may be necessary before commencing construction activities. A copy of this determination has been furnished to the Building Department for placement in the building permit application and update. Very truly yours, _T 1 011111,•1�1: 1.1 i Enclosure Copy of Decision to: Building Department Spitaliere Construction (fax 765-9654) Original filed on 5/7 Page 2 — May 5, 1999 Re: 1000-22-3-11 (Tully) Southold Town Board of Appeals (4) Reports from the County Soil and Water Conservation District and from John Raynor, a professional engineer retained by applicant, state that the bluff face is stable and well vegetated. However, both reports note that the path running from the easterly edge of the property down to the beach has been significantly eroded by storm -water runoff. Both reports also state that runoff from the proposed addition should not be permitted to flow toward the bluff. (5) The Board will place conditions on the variance with the intent of preventing adverse effects on physical or environmental conditions. (6) The grant of the requested variance, subject to the conditions set forth below, is the minimum action necessary and adequate to enable applicant to enjoy a view of the Sound from his house while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to GRANT the application, as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. All runoff shall be confined to this site, and applicant shall take steps necessary to prevent storm -water runoff from reaching the path to the beach, and shall restore the path in the manner recommended by John Raynor, P.E. (as agreed). 2. The house shall be equipped with gutters and leaders adequate to collect all north -flowing storm runoff and to recharge such runoff into a location well away from the bluff. 3. There shall be no (substantial) disturbance to the natural vegetation at the top of the bluff. 4. No heavy equipment (for example, larger than a backhoe) shall be used in constructing between the addition to the existing house and the lip of the bluff. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS. (Member Horning of Fishers Island was absent -excused.) This Resolut�as duly adopted (4-0). X2 CEIV.RE D A N JD FT .-ED BY CLEDIF 3'.4 0^t' 1000'=22-3-11' ■���i�Z°sf ea�s�r��■ 'L�r����rr���■ P. GOEHRINGER CHAIRMAN For Filing 5/7/99 Apr --22-99 08:68A 515 '-?G 4378 P'.01' •i JS _ MAL Jahn J. Raynor, P.E. & Las., p.c. ,rte Civil Engineer and Land Surveyor Deerfield Green P,O, Sox 720 ,Report, Montauk Highway Waller Mill, Now York 11976 Design Phone (516) 726-7600 Environmental Planning ' Via Ei4x fo: 369-9o8d Charle{s R. Cuddy,, Esq. 445 Griffing Avenue RlverhQaid, NY 11901 Dear Mr. Cuddy: April 22, 1999 Re: Shawn Tully This, letter is intended as a supplement to my, letter report of April 14, 1999, concerning the Board of Appeals application of Shawn Tully at East, Marion. I have read the letter of Thomas J McMahon dated April 15, 1999, to the Chairman of the Board of Appeals. Mr. McMahon and I have similar concerns about the fate of storm water runoff on the property and particularly from the proposed addition I would like to stress, however, that the condition which causes the arosion'along the footpath, to the beach can be remedied effectively, and there is no reason for any runoff from the site to reach the top of the bluff. Using standard grading procedures, and providing gutters and leaders discharging either to !eaching structures or, as Mr. McMahon suggests, to a surface depression at a safe distance from the bluff, will afford effective protection to the bluff stability and prevent the creation of a condition which would be annoying -to the=homeowner as well as potentially disruptive to the bluff Very truly yours, " John J. Raynor, P.E., L.S. Page 38 Hearing TrL___,_2ripts ' >{ April 22, 1,999 - Board of Appeals 7:50 P.M. - Appl . No. 4684 - SHAWN TULLY A Variance under Article XXIII, - Section 100-239.4A(1) based upon the March 12, 1999' Notice of Disapproval which states that an addition is proposed at less than '100 feet from the top of the bluff of bank of the Long Island Sound. Location of Property: 2840 Stars Road, East Marion, N.Y.; Parcel 1000-22-3-1. CHAIRMAN GOEHRINGER : We have a copy - rather large copy, of not only a survey but a topo map of the property which is also rather a spectacular piece of property overlooking Long Island Sound and on the Long Island Sound and we have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area and an evaluation from an engineer from Charles R. Cuddy and an evaluation from Soil and Water Conservation. Mr. Cuddy, we are mready . MR. CUDDY: I represent Shawn Tully who is here tonight. He is the purchaser of this, site. Also here is Mr. Spitilere who is the contractor and builder. This is a site in East Marion. As you know this is about 12-1/,2 acres. It has an existing house. What I would like to do, is hand up as one unit some additional exhibits for the file. John Raynor, who is our engineer, unfortunately couldn't be here tonight. He had a deviated septum, and he just had surgery on it a couple days ago. But he did write a short letter for me this afternoon .just in response to the Soil and Conservation statement. I'd like to put that in the record. I'd would also like to put in the record the building permit which has been going forever. This is a copy from 97 and we just renewed it again. But it shows that the original building permit was in 1991 and the final thing I'd like to hand out is a front elevation of the property done by the architect for Mr. Tully. CHAIRMAN GOEHRINGER: Thank you. MR. CUDDY: If you've seen this site, besides the fact that it is a magnificent view of the ,sound, and it goes both east and west along the sound shore, we note that the bluff area down to the toe is completely foliated ; It has also sorts of vegetation on it and Mr. Raynor and I walked down the path that's there and both of' us, particularly Mr. Raynor,, the engineer, there was no indication of any destabilization that would occur . from the proposed 20 foot addition. The reason for this 20 foot addition is that this house was remarkably built. not, looking at the sound but going the other way. It probably was built on the idea that we would, avoid ,,any of the bad effects of the sound and thereby some how you wouldn't get any of the benefits of the sound ' either. The house has essentially been abandoned for a period of time. The builder (sic), (owner) died several years ago and the bank, Bridgehampton Bank has been holding on to it. Mr. Tully very much would like to go ahead but he'd like to have a house that he can use on the sound. To have that house, to use it appropriately he needs to go 20 feet into the bluff area. The first .map that was done suggested that it ;might be r. Page 39 Hearing TrL__- :ripts April 22, 1999 - Board of Appeals 4 30 feet into the bluff area. That's not so. That was a different line that was looked at. The actual bluff line and the worst part of the bluff line, we're back 80 feet. If you look to the west you're actually back more than 80 feet because the bluff line .goes closer to the water. So we're really 20 feet at the point and perhaps as little as 15 or 10 feet at the far end, that we are requesting a variance for that distance. I don't believe in looking at the neighborhood and I've been there a number of times, this will have any adverse effect on the neighbors. It's not something that we created that we had the house - the house has essentially, been abandoned. To use it, to use it properly and architecturally make some esthetic use of it we have to go out roughly 20 feet to bring the roof line so that it looks decent 'and by the way, we're not raising the roof line, we're just following the existing roof line that's there. This is essentially a one story addition. But, I would think that at this -: _point, there is no adverse effect either bluff stabilization, wise ory: the amount of the variance that we seek which is as I said between probably 15 to 20 feet at the most :and I would ask the Board at this point to recognize that it also several years ago granted to the west of this variance, variance either 4098 which essentially is on top of the bluff virtually. This one is set back a good distance. There are two concerns that have been voiced I think, by the Soil and Conservation people and also by Mr. Raynor.' Those concerns had to do with the runoff . There is runoff from the roof that certainly that can be taken care of by gutters and putting it into the ground. There is some concern about the line to the east which is really the path down the bluff because that's eroded. But that can be taken care of quite easily by raising the grade at that site and pushing the water back instead of letting it go forward and I think Mr. Raynor recognizes that and also the Soil and Conservation people. So I think, that this is appropriate and I would ask the Board to approve it. CHAIRMAN GOEHRINGER: ' If I for some reason missed the issue, is there any attempt on the applicant's part, this is not a sarcastic statement, this, is a pragmatic statement; OK, to rid the lip of the bluff or the top of the bluff of those trees that have been cut, what, what's going to happen there? Is there going to be any change in that? Is anything going to occur there? MR.' CUDDY: ' I don't know when the trees were cut down, but what you're talking about, I assume that they're trying to clean that area somewhat but, the CHAIRMAN GOEHRINGER: Because, that, , that's a. concern, you know. MR. CUDDY: That wasn't done by this applicant. CHAIRMAN GOEHRINGER: No, I know. But I'm just saying, is he going to do anything to change that situation, because that would certainly have an effect upon the stability of the top of the bluff. Page 40 Hearing Tr cripts April 22, 1999 - Board of, Appeals MR. CUDDY: No, I don't think he's going to take out trees, but I think he would certainly for me, if I were doing that, I would at, least clean that area because it's unsightly at this .point. But I don't think he's going to rip things out, if that's what you're talking about. CHAIRMAN GOEHRINGER: Yeah, that's a concern definitely. Alright, we'll start with Mr. Horning. Questions of the attorney for the applicant? MEMBER HORNING: . Can you describe the foundation of this addition where it will be placed on? MR. CUDDY: We think it's probably going to be cinder block foundation. So, it's not going to be poured concrete and it may be just a slab as opposed to an actual foundation. Mr. Spitiliere is here and he can perhaps describe it better than I- .can. But , I know the Board has concern about bringing heavy equipment on the, site, you voiced that previously. We don't anticipate that that's going to be necessary to do this kind of foundation. CHAIRMAN GOEHRINGER: OK. MEMBER HORNING: Can we find out - CHAIRMAN GOEHRINGER: Sure. MEBER HORNING: If it will be a slab or, or - MR. CUDDY: Oh, sure, he's right here. Mr. Tully's right here, would you get up and state your name? CHAIRMAN GOEHRINGER: Go ahead, state your name. MR. TULLY: I'm Shawn Tully. CHAIRMAN GOEHRINGER.: How do you do? MR. TULLY: Yeah, the plan is . just to put in a very simple 20 x 42 feet loggia, tkat we're using the existing roof line it would be a cinder' block structure, a lot of windows, just built on a slab. So, it would be very, ' very, simple. The idea would be to recapture the views out on the sound that you can't get now because' the house is completely oriented toward looking_ out the back toward the woods and not toward the sound. CHAIRMAN GOEHRINGER: So at the most you would bring in a back hoe, I'm not answering, the question for him, but I'm asking the question. The most you would bring in probably a back hoe to cut that because you're going to have to go at least 36" down into grade which is what the Town requires to put that, cement block wall in? MR. TULLY: Right. Page 41 Hearing Tr . ' cripts April 22, 1999 - Board of Appeals,, CHAIRMAN GOEHRINGER: And regardless if you do a monolithic pour after that, meaning in 'the basement, you know, or, if you attempt to go to a first floor level above that,but leaving the basement, you know, with a monolithic pour or with a poured floor, ,sort of speak? MR. TULLY : Right. CHAIRMAN GOEHRINGER: That, would be the most that you would be doing? MR. TULLY : Yeah, I believe so. Joe is going to address that as well. MR. SPITILIERE: Joe Spitiliere, Spitiliere Construction. I was the previous builder on the job. I'm alive, you can see that. The owner isn't though. MR. SPITILIERE: From what we understand at this point, I don't have a detailed plan, but the plans that I know of, in speaking to the architect will be as Mr. Tully said, probably on a slab. We're only pgoing to excavate down about three feet below grade. And, as a habit, I generally when' we're in areas like that anyway, we'll set out hay bales and a fence if necessary to prevent the equipment from going where they shouldn't be. But we do have plenty of room that's already cleared, that should not be a problem as far as our working in that area. CHAIRMAN GOEHRINGER: What's the overcut that you have to do usually? MR. SPITILERE: I have worked as close as 5 feet when I had to. That's pretty close. I wouldnit , want to do it again, but, we can if we have to. CHAIRMAN GOEHRINGER.: 5 to 6 feet then? ,MR. SPITILERE: Safely I'd say 10' feet would be more around,, by safely, I mean with the equipment and everything. CHAIRMAN GOEHRINGER: Yes. MR. SPITILERE: There won't, we don't expect that there will be any heavy equipment ,in there, Maybe a small backhoe even. The block is laid by hand. CHAIRMAN GOEHRINGER: Right. MR.' SPITILERE: We don't have to overcut quite as drastically either with block as we do with a (unfinished statement).' I Page 42 Hearing Tr--cripts April 22, 1999 - Board of Appeals CHAIRMAN GOEHRINGER: The footing has to be put in though by a cement truck. Isn't that correct? MR. SPITLIERE: It's a better pour. But, it can be done by hand. But we generally prefer it that way. There again, the cement truck's only about, I think., a ,maximum maybe 8 foot wide. It does allow -it to get around -to the side if need be, or in worst case scenario we could go around on the east side of the building and bring the truck up on that side. So, approaching both ends on east and west, not going to the north to make the pour with the extended shoots. CHAIRMAN GOEHRINGER: It certainly would be recommended, there's no question about it. MR. SPITLIERE: Well it could be done. CHAIRMAN GOEHRINGER: OK, we thank you. MR. SPITLIERE:. Well, thank you. CHAIRMAN GOEHRINGER: Mrs. Tortora? MEMBER TORTORA: (Hesitated) CHAIRMAN GOEHRINGER: Did you want, Mr. Cuddy? MEMBER TORTORA: Yes. I guess, you know, having read the Soil and Water Conservation Report, they have very definite concerns, and to some extent your engineer has answered them. I don't know in their report, they said "calculations would have to be shown with sufficient capacity within the depression, that runoff water could be adequately conveyed to that depression." I don't know if -he's done that or not., MR. CUDDY: No, Mr. Raynor I believe that there was plenty of area and there was a (coughing) that could be pitched back essentially to allow the water to, to gather. He didn't know that it would be necessary until he read the report and that's why he responded the way he did. 'But, he didn't believe that it was really necessary to provide a specific calculation, it's a large area and he just said he pitched it back and you would have the water gather instead of going down. , MEMBER TORTORA: How large is, the lot? MR. CUDDY: 12-1/2 acres. MEMBER TORTORA: One of the things that we're required to look out under Town Law as you know, is,, is there an alternate location, on the property so that the addition Wouldn't require a variance? MR. CUDDY: . It would be very hard I believe to, that's What I was saying before, to place this at any, other site. What we're doing is Page 43 Hearing Ti scripts April 22, 1999 Board of Appeals trying to make the house, a usable house at the sound and if you've seen the house, the front of it is corridor; it's not a room so that you're really going down a hallway and it was done on the basis that all of the interior would be away from the sound and would have a sort of winter -proof type house, but you have no exposure whatsoever. So, to do it any other way, would be very difficult to answer your question, because essentially it wouldn't have a house you could look down the sound. MEMBER TORTORA: I don't have any other questions. CHAIRMAN GOEHRINGER: Ms. Collins? MEMBER COLLINS: Just a fact question to pursue what you were.' saying. I was really looking forward to the chance to go up there and look at the house, but I worked on that combination lock for five or ten minutes- and gave up':: CHAIRMAN GOEHRINGER: Did you get up there (to Member Tortora)? MEMBER TORTORA: Yes. MEMBER COLLINS: Looking, however, (interrupted) - CHAIRMAN GOEHRINGER: Why don't we do this. Why don't we schedule an appointment after this so that you two ladies could meet either Mr. Tully or Mr. Spitiliere, one of them up there, so that you can - MEMBER TORTORA: Either that or teach us how to glide - MR. SPITLIERI: We'd be happy to, sure. CHAIRMAN .GOEHRINGER: . Excuse me, I didn't mean to stop you Ms. Collins MR. CUDDY: What we had done, we had indicated to the Board's secretary, that the broker's were available to go out with you. I don't know if that communication reached you. MEMBER COLLINS: Oh, I only got the combination. That's no problem. CHAIRMAN GOEHRINGER: I did the walk, but I needed it. MEMBER ., CQLLINS : No, all I wanted to ask, not having seen the I house, is'°; -there's this not aerial photo in Mr. Raynor's report and all those windows that I'm looking at facing the sound are a corridor. MR.. CUDDY: That's a corridor. That's the remarkable thing of the house. MEMBER COLLINS: That's extraordinary, it's absolutely extraordinary., Thank you. Page 44 Hearing Tr-.=__a,cripts April 22, 199,9 - Board of Appeals CHAIRMAN GOEHRINGER: Mr. Dinizio? MEMBER DINIZIO: No, no questions. CHAIRMAN GOEHRINGER: No questions. We thank you Mr. Cuddy and we'll see what develops. Is there anybody else would like to speak? Yes, ma'am. Can I just ask you to come over here because I don't 'want to be in trouble with this lady (transcriber) . Could we have your name for the record we'd appreciate it. M'S. GOHOREL: Yes, my name is Jane Gohorel. I live on Stars Road. PT-SECY. FARRELL: How does she spell her last. name? CHAIRMAN GOEHRINGER . I;,get it. :, MS. GOHOREL: And I'm one of the residents who has a beach access rights. And for the past at least three years, it's been impossible, almost impossible to use the pathway that formerly went down because of erosion from the construction of this house. And I noticed, I went to the office and I got a copy of Mr. Raynor's report and on page 2, if I could just - it's a short paragraph and after' stated that he really doesn't see any problem with the construction with the plan, you know, the proposed' construction. He says, "the only indication of erosion that I found was in the narrow earthen pathway that leads from the easterly side of the property down to the beach. It is clear that storm water has run along that path and created a significant erosion gully which runs within the pathway for a substantial portion of its length. Independent of the issues 'attending the variance application, I suggest strongly that the grading at the top of the pathway be reworked to prevent storm water from flowing down the * path, and, that the path itself be restored carefully and provided with diversions to disperse any storm water flow that may accumulate so that future erosion is minimized." And, that's what I'm here for. CHAIRMAN GOEHRINGER: You want that to happen? MS. GOHOREL: I want that to happen because well I'm sure that probably it'd be the best thing for the new owner anyway. MR. TULLY: Yes, so do we. CHAIRMAN GOEHRINGER: We'll catch up in one second. How do you spell your last name, Ma'am. MS. GOHOREL: G O H O R. E L. CHAIRMAN GOEHRINGER: We're- ,glad you spelled it. Thank you so much. MS. GOHOREL: Thank you,. Page 45 Hearing TrL____cripts April 22, 1999 Board of Appeals CHAIRMAN GOEHRINGER: Anybody else like to speak? Yes, Ma'am. MS. BROACH: My name is Dorothy Broach. I live on Stars Road also and I also have beach rights to this property. When I first bought this house in 1986 we use to go down to the beach very easily. You could even ride a car down on this road that they're talking about and ever since they put the foundation in, it started to erode. Even way before the house was built. It was just a foundation for years. Just the' foundation has been there. And, right now, I would say it's impossible to use our right-of-way, and that's one of the reasons that our house, our lots are more valuable because we do have beach rights and we cannot use them. So, I would just want to say, too, that I just hope that that will change with the owners. CHAIRMAN GOEHRINGER: Thank you. Anybody else? Ms. BROACH. I have nothing to say about the extension. In fact, the house itself now, why it's on the sound I don't know because he should have the extension. MR. TULLY: Thank you, thank you very much. MR. SPITILIERE: Can I say something else? CHAIRMAN GOEHRINGER: Sure, Mr. Spitiliere. This is the builder. MR. SPITILIERE: It's always, one of the reasons that path is eroded is as the lady said is corrected, it's been a prolonged process in putting this house together. The original owner had put the foundation in 91 and then it sat until 97 when he hired me But, the plan has always been from the beginning, that once the job was completed or towards the end of it -least to do something with that path for the owner's benefit as much as anyone's benefit. The problem that really exhilarated the whole problem was the fact that at some point in time even though we put the gate in there to keep vehicles out, some kids, I guess, got in with motorcycles and they ran up and down the dune and they tore up all of the vegetation there and at that point it just washed right out. So, and that's also about the same time Mr. Thatcher passed away and everything stopped and so we just lost control of it. CHAIRMAN GOEHRINGER: Great, thank you. Mr. Cuddy, could I just ask you a question? How would you like us to deal with this aspect? We very rarely ask your expertise, but we will at this point. In these decisions that we have been granting for the :�renurturing of the bluff area, again I'm asking you the question, but I'm answering it and seeing if it's palitable to you, OK? Do you have any objection to us putting a condition that this area be renurtured? MR. CUDDY: No, not with the bluff. We intend to do that. We intend as the Lydia said when she talked about Mr. Raynor's report, and fix that path way,. Again, to pitch it back, it'sjust at the edge before it starts going down the bluff so that water will a S c Page 46 Hearing Tr_ __ cripts April 22, 1999 - Board of Appeals come back as opposed to going forward and so that the path will be viable, that's fine. CHAIRMAN GOEHRINGER: OK, great, thank you. MR. SPITILIERE: We'll actually stabilize it right in the beginning before we even start construction with hay bales. CHAIRMAN GOEHRINGER: Yes, we'll probably require that. Thank you. Anybody else any questions on this hearing? Seeing no hands, I'll make a motion - MEMBER HORNING: Mr. Chairman? v CHAIRMAN GOEHRINGER: Yes. MEMBER HORNING: Were there any previous variances? CHAIRMAN GOEHRINGER: No. MEMBER HORNING: To complete construction? CHAIRMAN GOEHRINGER: No, it appears the house is within 100 feet on top of the bluff so. Because it's 20 feet so now they're encroaching 80 in, so they're 20 in the 100 foot. Is that correct? MEMBER COLLINS: Yes. CHAIRMAN GOEHRINGER: So again, hearing no further questions again I'll make a motion closing hearing reserving decision until later. MEMBER COLLINS: Second. CHAIRMAN GOEHRINGER: All in favor? Motion carried. See Minutes for Resolution. ORM N®. S 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) ' 24028 Date... X TL, 2....................................... 19.97.. Permission is hereby granted to: oa.Pauline Thatcher ....................................................................... 654 Madison Avenue ................................................................................ New York N.Y. 10021 ................................................................................ to CONSTRUCT A ONE FAMILY DWELLING WITH AN ATTACHEYD .... .GARAGE t.. GREENHOUSE ....... AND BALCONY AS APPLIED FOR. ............................................................................................................. ....................................... ............................................................................................................ at premises located at .....2840 STARS ROAID.. EAST, MARIQN,, ,H ;% .............. County Tax Mop No. 1000 Section .......22 ............. Block .................... Lot No. ....I .................. pursuant to application dated ...... FEBRUARY 12 19 ... 9 !., and approved by the Building Inspector. Fee $.... Aa 191 ;60,,,. THIS REPLACES BP 11196862 dated 3/1/91 li4 .................... dr Rev. 6/30/80 Foss[ No. s 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) • 24028 Z DateAPRIL 2 ..................:....................................., 19.9.7. Permission is hereby granted to: Pauline Thatcher ............................... 654 Madison Avenue . .........�................... ........................................ New YorkN.Y. 10021 ................�..................................................... to ...... C.ONSTRUCT AONE FAMILY DWELLING WITH. . .AN ATT AND GREENHOUSE .............. AND BALCONY AS APPLIED FOR.. .............................................................................. at premises located at ..... 2840 STARS ROADEAST„1IiQN N ;Y :.� x. .................................... County Tax Mop No. 1000' Section .. .22...........;' Block .....3 ............... Lot No. ....I .................. pursuant to application dated ...... FEBRUARY ... 12..a ............ .... 19...9 I and approved by the ........ Building Inspector. Fee $.... THIS REPLACE'S BP 1196862 dated 3/1/91• -- .............. ... y�...... .......... dIn nspector Rev. 6/30/80 FORM NO. f TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N024028 Z Dote ... APRII , 2. ......................................19.97 Permission is hereby granted to: ....PaulineThatcher ................................................................... 654 Madison Avenue ..... New ..York_.N.Y, 10021 .................................•.................................. to .......CONSTRUCT A ONE FAMILY DWELLING WITH ••.• AN ATTACHED GARAGE GREENHOUSE .............. AND BALCONY AS APPLIED FOR. ............1................................................................. .............................................................................4.................. ........................................................................... of premises located at .....2840. STARS. ROAD .............. EAST, MARQN ,H ;Y ;...... ...... .......... x • .... County Tax Mop No. 1000 Section .......z2............ .Block .....3 ............... Lot No. ....I.................. pursuant to application dotedFE$RUARY 12 ...........................4........:................., 19...91., and approved by 'the Building Inspector. Fee $•... THIS REPLACES BP #196862 dated 3/1/91 ...... .. ...................... din nspector Rev. 6/30/80 FO$M NO. TOWN OF SO UTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) No24028 Z Date ... M nlY .. ............................ 19.9 Permission is hereby granted to: Pauline..Thatcher .................................................................. 654 Madison Avenue .....................................:............................ New York..N.Y. 10021 ............................................................................. to CONSTRUCT A ONE FAMILY DWELLING WITH AN ATTACHED GARAGE ............................................................. .........................t.. GREENHOUSE.............. AND BALCONY AS' APPLIED FOR. .............................................................................. ......,................................................................................ .................................... .......... ......................................... :..................... at premises located at ..... 28'4.0, STARS ROAD.............. EAST MARQN ,I�; Y .:....... ........ ..... County Tax Map No. 1000 Section.......z�............ .3. .Block .... .........:.... Lor No. ....Jl.............. pursuant to application doted ....... 19., 9 1 and approved by the a ............... Building Inspector. Fee THIS REPLACES BP'419686Z dated.,3/1/91 -- .. ...................... r din nspector Rev. 6/30/80 N'. FORM NO. a TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. 9 BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N 24028 Z. Date , ..APRIL .. �........................... 19.9 7 Permission is hereby granted to: Pauline Thatcher ,� ............................... 654 Madison Avenue ..... New York N.Y. 10021 ' ....... ..s..........s..:................................... ................ CONSTRUCT A ONE FAMILY DWELLING WITH.AN ATTACHED GARAGE to..................:..................................:.......................a.. GREENHOUSE.............. AND BALCONY AS APPLIED FOR.,, ...........................................................:.....................:........... ..................................................................... at premises located at .....2840 STARS ROAD..... ...... EAST, MARQI��..I� �.:................. ......... County Tax Map No. 1000 Section .......22............ .3, . Block .... ............. Lor No.....i.................. pursuant to application dated.FTBRIIAkY 12 .... .... ... .a ..................:....... 19...91.., and approved by the Building Inspector. Fee $.... THIS REPLACES BP �fl„96862 dated 3/1/91 - ... ...................... din nspector Rev. 6/30/80 i 445 GRIFFINGAVEN -m P. 0. BOX 1547 RIVERHEAD, NY 11901 Zoning Board of Appeals Town of Southold 53095 Main Road Southold, NY 11971 Attn: Linda Kowalski GHAALESU. GUDDY ATTORNEY AT LAW - Q APR 1999 April 16, 1999 1 L�� Re: Application of Shawn Tully 2840 Stars Road, East Marion, NY SCTM 1000-022.00-03.00-001.000 TEL: (516) 369-8200 FAX: (516) 369-9080 1 Dear Mrs. Kowalski: ref Enclosed herewith are five (5) copies of the report prepared by John J. Raynor, Civil Engineer, in connection with the application of Shawn Tully to extend a dwelling 20' into the 100' bluff set back area. Based upon his personal inspection and years of experience for both municipal and private applicants, Mr. Raynor has concluded that the 20' addition proposed by Mr. Tully will not have any adverse effect on the stability of the bluff. Please include this report has part of the file in this matter. Very truly yours, C� Charles R. Cuddy CRC: ejc Encs. b Raynor,KU 0 John J. P.E. - L.S., p.c® Civil Engineer and Land Surveyor Deerfield Green P.O. Box 720 Reports Montauk Highway Water Mill, New York 11976 Design Phone: (516) 72 Environmental Planning H- 1 April 14, 1 Charles R. Cuddy, Esq. 445 Griffing Avenue Riverhead, NY 11901 Re: Shawn Tully East Marion Dear Mr. Cuddy: C[E0WIS' APR A 91999 � It is my understanding that you represent Shawn Tully in an application before the Southold Town Zoning Board of Appeals for a variance from the bluff setback on property east of Stars Load in East Marion. In my capacity as a licensed Professional Engineer, you have asked me to visit the property to observe the condition of the area between an existing residence and the shore of Long Island Sound, and to offer my comments and observations in writing so that they may be presented to the Southold Town Zoning Board of Appeals in connection with the Tully application. My experience as a professional engineer spans the past 23 years and includes professional assignments in both the private and governmental sectors throughout the five eastern towns of Suffolk County. I have included, as an attachment to this letter, a copy of a brief profile of my professional practice. I visited the subject property on Monday, April 12, 1999, accompanied by you and a representative of the Century 21 real estate office in Southold. E Charles R. Cuddy, Esq.t✓ Re: Shawn Tully s Page 2 April 14, 1999 I found the existing dwelling, which overlooks Long Island Sound, to have two stories exposed on the southerly side, while only the upper story is exposed on the side facing the Sound. It is evident that the area immediately adjacent to the northerly side of the structure was filled and graded to achieve the partially buried condition which appears to have been related to energy conservation aspects of the building design. According to a survey map by Peconic Surveyors, P.C., which I reviewed during my visit at the site, the existing building observes a 100° wide setback from a top of bluff line portrayed on the map. The bluff itself and a substantial portion of the relatively flat area just southerly of the top of bluff line is quite effectively vegetated and shows no surface evidence of overbank flow of stormwater runoff or any type of erosion. An aerial photograph of the beach, the bluff and the area of the residence was provided by the realtor. It has been reproduced with permission of the photographer, and is attached to this letter. One can easily see in the photograph that the vegetation is dense and provides uniform coverage of the slope of the bluff. I observed the condition of the bluff both from the top and from the beach. I looked for evidence of erosion at the toe of the slope, and I also looked for indications of ground water seepage from the bluff, and I found neither. The only indication of erosion that I found was in the narrow earthen pathway that leads from the easterly side of the property down to the beach. It is clear that stormwater has run along that path and created a significant erosion gully which runs within the pathway for a substantial portion of its length. Independent of the issues attending the variance application, I suggest strongly that the grading at the top of the pathway be reworked to prevent stormwater from flowing down the path, and that the path itself be restored carefully and provided with diversions to disperse any stormwater flow that may'accumulate so that future erosion is minimized. Based on my observations at the site, I am of the opinion that the bluff area is stable and that the vegetative cover is effective in protecting the bluff from potential erosion due to stormwater runoff and wind. M Charles R. Cuddy, Esq. b Page 3 Re: Shawn Tully April 14, 1999 It is my .understanding that your client wishes to provide an addition along a portion of the northerly side of the house which would extend 20 feet closer to the bluff than the existing building for a width of approximately 50 feet, and it is the construction of that addition that is the subject of the variance application. The realtor provided to me a preliminary architectural elevation of the building which indicates that the addition would be situated at an intermediate level between the two existing floors of the house, in such a manner that the north sloping roof line of the northerly part of the house would be extended at the same pitch to cover the proposed addition. It appears that the addition would be confined to the filled and graded area adjacent to the existing north wall of the house, and could be constructed without need of further disturbance to the natural vegetation protecting the top of the bluff. The above excerpt from preliminary architectural drawings illustrates a view from the east, with Long Island Sound to the right. The proposed addition begins at the taller chimney and extends to the north for a distance of 20 feet. Charles R. Cuddy, Esq. Re: Shawn Tully 1 Page 4 April 14, 1999 It is my opinion that, if the proposed addition is fitted with gutters and leaders of adequate size to collect and recharge all of the roof runoff that flows toward the northerly side of the structure, the proposed 20' wide addition will have no adverse effect on the stability of the bluff. Very truly yours, . K- W. John J. Raynor, P.E., L.S. Encl. i L.• Com-12an-V & ProfessionalProfile We are a small, civil engineering/surveying firm practicing primarily on the East End of Long Island. We have a planning/design division and a surveying/construction division, and a total staff of eight people. Our office capabilities are enhanced by the use of a Digital Equipment Corp. VAX -based CADD system employing multi-user software marketed as VangoTM by VLSystems, Inc. of Irvine, CA, as well as a network of Apple Macintosh computers. Our field capabilities include two electronically equipped field survey crews engaged primarily in engineering surveys, construction layout, and specialized land surveying. John J. Raynor is president of the firm. His education beyond the high school level began with a B.A. Degree in Mathematics at Fordham University. It continued with a B.S. Degree in Civil Engineering from the School of Engineering and Applied Science of Columbia University, and an M.S. Degree in Civil and Environmental Engineering from the University of Rhode Island under a National Science Foundation, award. John J. Raynor is licensed to practice by the State of New York as a professional engineer and as a professional land surveyor. Michael J. Raynor is licensed as a professional land surveyor, and supervises the land surveying activities of the firm. The firm serves in a consulting capacity as the official municipal engineer for a number of local municipalities. Since 1979, we have provided such services for the Incorporated Village of Quogue and, since 1'980, for the Town of Shelter Island. From 1988 until 1996, we provided those services for the Design Review Board and the Planning Board of the Incorporated Village of East Hampton. Since September of 1992, we have served as consulting engineer to the Planning Board of the Town of Riverhead. We previously served, in similar capacities, the Villages of Westhampton Beach and North Haven. In virtually all of those responsibilities, we have been regularly called upon to review proposals regarding subdivision and site plan design, traffic and parking matters, water supply, sewage disposal and environmental engineering, among others, and to provide professional advice to the municipal boards and agencies. In addition to our service in a review capacity, we have undertaken studies and design projects for municipalities such as a parking and traffic circulation master plan in the central business district of the Village of Westhampton Beach, a similar preliminary study for the Village of East Hampton relating to parking and circulation for a portion of that Village's business area, and road and drainage improvement projects for the Village of Quogue, and the Town of Southampton. F In our role as consulting engineer/land surveyor for private entities, we have been responsible for numerous real estate subdivision designs, and for the planning and design of many commercial and residential site plans, including the expansion of the shopping center now known as Bridgehampton Commons, the professional office park in Hampton Bays known as Hampton Atrium, and the AIA award winning waterfront community, Stirling Cove, in the Village of Greenport, among others. We have been responsible for the engineering design of the Atlantic Golf Club in Bridgehampton, where we worked closely with the renowned golf course architect, Rees Jones. Our clients have also included Southampton Hospital, Southland Corp., the County of Suffolk and the U.S. Coast Guard. As a result of his professional experience, John J. Raynor has several times been appointed to panels created by various levels of government to undertake specialized studies. He was one of the original appointees by the Suffolk County Executive to the Select Committee on Acquisition of Agricultural Development Rights, responsible for the implementation of the County's initial $60 million development rights acquisition program upon which all others have been patterned. He was appointed by the Commissioner of the New York State Department of Environmental Conservation to a special five member panel charged with evaluation of the tidal wetlands regulatory programs for the entire State of New York. He was also recommended by the ,Director of Planning of Suffolk County for appointment to the County Council on Environmental Quality. Mr. Raynor is a member of a number of professional organizations, including the National Society of Professional Engineers, the New York State Society of Professional Engineers, the American Society of Civil Engineers, the New York State Association of Professional Land.Surveyors, and Nassau - Suffolk Civil Engineers, and he is a past chairman of a nationwide software users group based in Irvine, California, composed of over 1,00 engineering, surveying and planning firms across the country. y i ' .elk � y [•..a , � � �`.. S .A` "�` irk _ •�� a�`. ldlrr ft All '� _ - -ter._ � `' � ✓ ' '. � h R +•. � -� ( , � . 'vaw :r z . �' .,- ear' ` a ��,• f �*•s'X '14 '�.. M� � � �IrJ . I� 6 � , �C. Al 'T s y,,„Z Y. ? • -rya * � ..�• �..'� � f �tt�x _' `� R � � f y. a �� � • y ' � 4 A s s� i"'aF .. �A 3 i. FOLLOW-UP and UPDA°rE FOR YOUR RECORD: TO: All ZBA Members FROM: -ZBA Chairman via ZBA Office DATE:5�- i,2 is9s Attached is a ori (copy) of (new infornuition added to the original 'town Z A_ file) , re: Pending Application of Other Commen # of: Pages Attached: �) Placed in Members' office mail boxes for update on �/ 12-/91 byoL- fw� - F 4�- T + 7 V 0I Office (516) 765-66'—AOL PGR 1(800) 923-6!� Fax (516) 765-969W,, SPITALIERE COKSTRUCTION Custom Home Builders 6- Co ion Managemehit Services Quality and ReliagilitySince 1962 54655 Main Road P.O. Box 552 JOSEPH C. SPITALIERE Southold, NY 11971 T7 7, 77 TI FT 1T M 4 :i;1 ♦ : h 4,+ _ i 4 a. alp a.:- APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning April 5, 1999 Suffolk County Soil & Water Conservation District County Center - 2"d FI. Room N210 Riverhead, NY 11901-2100 Re: Our File No. 4684 - Shawn Tully/Pauline Thatcher 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 an application in which a new addition is proposed. Existing is a single- family dwelling at approximately 105 feet from the top of the bluff, and 90 feet from the Coastal Zone Erosion Line marked by Peconic Surveyors January 11, 1998. A 20 ft. addition is proposed at the north side of the dwelling, which appears to be about 90 feet from the top of the bluff and 70 feet from the CZM line. There appears to be erosion taking place. May we have your recommendations in this evaluation and variance process? Thank you for any assistance that you are able to provide. Very truly yours, GERARD P. G®EHRINGER CHAIRMAN Enclosures cc: Charles R. Cuddy, Esq. ELHZABETEH A. NEVIL LE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ®IFIFHC E ®IF 7PIFIIIIE TOWN CLERK TOWN OF SOUTHO]LD TO: Southold Zoning Board of Appeals FROM: ' Elizabeth A. Neville DATED: March 19, 1999 RE: Zoning Appeal No. 4684 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Transmitted herewith is Zoning Appeals No. 4684 - Charles Cuddy on behalf of Shawn Tully- Zoning Board of Appeals application for variance. Also included is seven (7) copies of the survey, a copy of Building Department Notice of Disapproval, Building Department Application, copy of property card, a copy of building elevation, Applicant Transaction Disclosure Form, and Z.B.A. questionnaire. CHAPILES R. CUDDY -kTTORNEY AT LAW 445 GRIFFINGAVENUE R 0. BOX 1547 TEL: (51'6) 369-8200 RIVERHEAD,NY 11901 FAX: (5162360-9080 i March 18, 1999 Zoning Board of Appeals Town of Southold 53095 Main Road Southold, NY 11971 Re: Application of Shawn Tully 2840 Stars Road, East Marion, New York SCTM 1000-022.00-03.00-001.000 Gentlemen: In connection with the application of Shawn Tully for a variance from the 100 -foot bluff setback requirement, we enclose the following: 1) Decision by the Building Department (Notice of Disapproval dated March 2, 1999); 2) Application (appeal from decision of Building Inspector); 3) Questionnaire; 4) Transactional Disclosure -form; 5) Seven (7) copies of survey; 6) Check in the sum of $400.00 payable to the Southold Town Clerk; 7) Authorization to sign and submit the application. Please place this matter on the calendar for a public hearing. Very truly yours, Charles R. Cuddy CRC:JML Enclosure March 18, 1999 zoning Bagrd oz Appaals TOWn Of OoUthold 53095 Katn Road ftuthOid NY 11971 a9t hPWOQUen ®f Nhava t®4o stare Roade East 'W arion, now, yo$k The under:2igned 1.6 tR'G applicant for a variance with req&rd to the bluff setback at the above site. It in any intention to aanstrulct an addit�Qn to the existing, r6aideAce and thio it to authorize aoy Sttorheyp• Charles €30 Cuaddy, 445 Oriffing Avenue, Riverhead, Now Yore, to coign any and all documents in connection with an appeal to than 20fti j Board of Appeals fuer relief from the bluff setback requiremg at and any gather variances that in order tai aonstr�uct the propoosd additioya tou geo y yours, ly f QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A'. Please disclose the names of 'the owner(..) and any other „ individuals (and entities) having a financial interest in the' subject premises and a description of their interests: (Separate sheet'may be attached:) Pauline K. Thatcher Owner Shawn Tully Contract Vendee B. Is the'subject premises listed an the real-estate market for -.sale'or being shown to prospective buyers? { } Yes { X) No.. (If Yes, please attach` copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes (XI No D. ' 1.Are-, there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map,submitted with this, application? "No 3. ts'the property"bul3kheaded.between the we.tlaads area and the upland building .area. 4. If your property contains wetlands or pond areas, have you contacted the Office of the Toni Trustees for its determination of jurisdiction? N A E. Is there a depression or sloping elevation near'the'area of proposed construction. at or below five feet above mean'sea level? No (If not applicable," state "N: A. " ) F. Are there "any patios, .-concrete'barriers,, bulkheads,or,fences which exist and are not shown on.the'survey map that you are Submitting? No If none exist, please state "none." G. Do you have any construction taking place at this time - concerning your premises? Yes, If'yes, please submit a copy of your building permit and map as approved by -the Building Department. If'none, please state. H. Do you or any co-owner also own other land close to this parcel? NO If•yes, please .explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel residential and proposed use ' residential - .. APDL ,'T TRANSACTIONAL _ LOSURE FORH YOUR NAHE: QUM, CHARLES R. agent for Shawn. Tull. Last name, Eirst 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.) Tax grievance Variance X Change of'zone Approval of plat Exemption from plat or official map Other (I•f,' "Other," name the •activity.. ) Do you personally (or; -through your company, spouse, sibling, parent ,'at child), hav6" a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or;business interest. "Business interest` means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee ovns.more than 5% of the shares. YES NO; X If you answered ,"YES, complete the balance of this form and date and sign where 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)s A) the owner of greater than ,5% of the shares of the corporate stock of the applicant (when the applicant is -a corporation); B) the legal or beneficial owner of any 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 RELATIONSIIIP Submittedth s day ofMarchjgS9 Signature Print name A vn )'r 74.L- CHARLES H. GUDD-Y ATTORNEY AT LAW 445 GRIFFINGAVENUE P. 0. BOX 1547 RIVERHEAD, TTY 11901 March 22, Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 Re: Application of Shawn Tully Stars Road, East Marion Dear Board Members: TEL: (516) 369-8200 FAX: (516) 369-9080 Enclosed herewith is the Consent of the owner by her attorney-in- fact, William H. Price, Jr. Please include this in the file. Very truly yours, Charles R. Cuddy CRC/pc Encls. March 19, 1999 Zoning Board of Appeals Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 RE: APPLICATION OF SHAWN TULLY 2840 STARS ROAD, EAST MARION, NY 1000 — 022 — 03 — 001 Gentlemen: The undersigned is the owner of property known as 2840 'Stars Road, East Marion, New York, and contract vendor of a contract of sale dated February 3, 1999, with Shawn Tully, as purchaser and hereby consents to the application of Shawn Tully for a variance with regard to construction of an addition 20' into the 100' bluff set back, at the above premises. Very truly yours, � �7 Pauline K. Thatcher by William H. Price, Jr., attorney-in-fact STATE OF NEW YORK, COUNTY OF SUFFOLK: ss.: On the49th day of vlarch, 1999, before me, the undersigned,, a Notary.Public,in and for said State, personally appeared William H. Price, Jr., personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that be his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. t Public1 KATHY M. KLINGE NOTARY PUBLIC, State of ilety York No. 52-4657592, SG&Fidlii Coum Commission Expires November 30, i9© Zoning Board of Appeals Town of Southold Town Hall Main Road Southold, NY 11971 August 19, 1999 Re: Shawn Tully Project Stars Road East Marion f SPITALIERE CONSTRUCTION 54655 MAIN ROAD P.O. BOX 552 SOUTHOLD, NY 11971 Appeal #4684 County Tax Map #1000-22-3-11 Please be advised of the following: As of August 16, 1999, Spitaliere Construction is no longer associated with or representing Mr. Shawn Tully in the above -noted project. It should be noted for the record that having made certain commitments at the April 22, 1999 ZBA hearing, I have a concern about the fulfillment of these commitments, as I am no longer the builder contracted to perform the work on this project. Should you have any questions on this matter, please call me at 765-6614. Thank you. Spitaliere Construction SOIL AND WATERIJ CONSERVATION DISTRIC �� FAX:(516)727-316011 1 April 15, 1999 ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE APR 6 1999 J C i Mr. Gerard P. Goehringer, Chairman Town of Southold Board of Appeals Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971 Re: 4684 - Shawn Tully/Pauline Thatcher Dear Mr. Goehringer: Thomas J. McMahon DISTRICT MANAGER (516)727-2315 I received your request for recommendations regarding a new addition on property of the above referenced file. A site inspection was conducted on April 13, 1999. The existing single family dwelling is in close proximity to the bluff top. Apparently, this lot contained a surface depression where the dwelling is now located. This depression was filled and due to the elevation of the first floor, grading around the dwelling resulted in a moderate slope from the house toward the bluff top. Grading of the lot also resulted in a slope, along the north side of the dwelling, toward the east. It is evident that runoff water, from the roof, is surface flowing along the foundation wall and onto the gravel driveway. The gravel driveway slopes toward the east onto the dirt entrance road which slopes toward the north. The entrance road, just north of the driveway, becomes a footpath which angles down the bluff face and ends on the beach. Storm water surface runoff from the dwelling's roof, gravel driveway and yard grading is now flowing on the footpath causing substantial gully erosion and depositing sediment on the beach and into Long Island Sound. Adding additional impervious area, such as the proposed addition, will increase storm water surface runoff resulting in increased soil erosion on the footpath and adding additional sediment on the beach and in Long Island Sound. Extending the dwelling's roof line 20 feet northward will result in roof runoff water being caught in the small depression at the bluff top. This will increase the chance of runoff water flowing over the bluff top and onto the bluff face. The bluff face is currently well vegetated and appears stable. If runoff water flows onto the bluff face, soil erosion is inevitable and the integrity of the bluff will be compromised. RIVERHEAD COUNTY CENTER 300 CENTER DRIVE, ROOM N-210 RIVERHEAD, NY 11901 -2- A possible solution to increased soil erosion from runoff water does exist. There appears to be another surface depression south of the driveway and west of the dirt entrance road. It may be possible to regrade and/or pipe runoff water into this depression. Calculations would have to show that there is sufficient capacity within the depression and that runoff water could be adequately conveyed to the depression. I hope this information will be useful to you. If additional information is needed, please do not hesitate to contact me. Respectfully, Thomas J. McMahon District Manager ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK In the Matter of the Application of SHAWN TULLY (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 22.00 -03.00-001.000 x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, Charles R. Cuddy residing at Marratooka Road, Matti tuck , New York, being duly sworn, depose and say that: On the 12th day of April ,19 99 , 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 ight-ofway - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be 4/22/99 (Signature) (Charles R. Cuddy) Sworn to before me this ELLEN J. CINQUE AA day of Apri 1 , 19 99 Notary Publlc, State of Now Ya* NO. 3333775 ELLEN J. CINCAMWied In Suffolk Could Wiftry Public MisJdenlro, Nu - A, ) .CX.fiv� ®ualifiea ir� .u'< v (Nota Public) lesion Ex,.,: *near the entrance or driveway entrance of my property, as the area most visible to passersby. CHARLES R. GUDDX ATTORNEY AT LAW 445 GRIFFING AVENUE P. 0. BOX 1547 TEL: (516) 369-8200 RIVERHEAD, N Il 11901 FAX: (516) 369-9080 ffl R ®1999 April 16, 1999 r Zoning Board of Appeals Town of Southold 53095 Main Road Southold, New York 11971 Attn: Linda Kowalski Re: Application of Shawn Tully 2840 Stars Road, East Marion, NY SCTM 1000-022.00-03.'00= S'— ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ---- --------------x In the Matter of the Application of SHAWN TULLY (Names of Applicants) Parcel ID #1000- 22.00 - 03.00 - 001 -.000 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, JOAN M. LUCA AFFIDAVIT OF MAILINGS residing at 795 Albo Drive, Laurel , New York, being duly sworn, depose and say that: On the 13th day of Apri 1 ,19.Sq_.., I personally mailed at the United States Post Office in Riverhead , 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 ( X) 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. A '4�—J. (�/;�� (signature) (Joan M. Luca) Sworn to before me this o�9- day of April , 19-U. (Notary blic) ELLEN J. CINQUE Notary Public, State of NOW York No. 8383775 Qualified in Suffolk County Commission Expires July 31,20.& PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices ivere mailed Thank you. f VARIANCE APPLICATION OF SHAWN TULLY LOCATION OF PROPERTY: 2849 Stars Road, East Mation, NY SCTM # 1000-22-3-1 NAME & ADDRESS OF NEIGHBORING PROPERTY OWNERS 1000-22-2-6 1000-22-2-7 Donald P. Hammarstrom East Marion Stars Beach Assn. PO Box 724 PO Box 72 East Marion, NY 11939 East Marion, NY 11939 1000-22-2-8 & 10.2 / Robert D. Halikias & Katherine G. Halikias PO Box 264 East Marion, NY 11939 1000-22-2-12.2 Spyros Nadaras & Mina Mastrantonis 4/ 46-19 241st Street Douglaston, NY 11363 1000-22-2-15 Henry M. Hellman 200 Cabrini Blvd. New York, NY 10033 1000-22-2-17 Andreas & Rosa Wagner 3126 Hull Avenue Bronx, NY 10400 1000-22-2-19 Odysseas Pyrovolakis & wif 83-16 170th Street Jamaica, NY 11432 1000-22-3-5 - Marion Woods Associates P.O. Box 2130 443 Main St. Greenport, NY 11944 1000-22-4-26 George W. Schroeder & wife 7705 North Bayview Road Southold, NY 11971 1000-22-2-11 Maryanne Schott 423 East 83rd Street New York, NY 10028 1000-22-2-14.1 Gary Parker & Deborah Sutera 33 McCathern Road Lebanon, NJ 08833 1000-22-2-16 John Caravanos & wife c/o Mr/Mrs. S. Caravanos 35-30 Stars Road, POB 763 East Marion, NY 11939 1000-22-2-18 Athanasios V. Zerris 32-05 Newtown Avenue Long Island City, NY 11102 1000-22-3-2 Rose Denicola 11 Fourth Avenue Garden City Park, NY 11040 1000-22-4-1 Dimitrios Papagiannakis 23-26 30th Avenue Astoria, NY 11102 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, APRIL 22, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York -11971, on THURSDAY, APRIL 22, 1999 at the time noted below (or as soon thereafter as possible): 7:20 p.m. App!. No. 4684 — SHAWN TULLY. A Variance under Article XXIII, Section 100= 239.4A(1) based upon the March 12, 1999 Notice of Disapproval which states that an addition is proposed at less than 100 feet from the top of the bluff of bank of the Long Island Sound. - Location of Property: 2840 Stars Road, East Marion, NY; Parcel 1000-22-3-1. The Board of Appeals will at said time and place hear any and all persons or representative desiring to be heard in the above application or desiring to submit written statements before concluding the hearing. 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: April 1, 1999_ . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD-P. GOEHRINGER CHAIRMAN By Linda Kowalski OFFICE OF ZONING BOARD OFAPPEALS 5.3095 Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 April 1, 1999 Re: Chapter 58 — Public Notice for Thursday, April 22, 1999 Hearing Dear Applicant: 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 newspaper, the Town's official newspaper for 2/1999-2/2000. 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, as soon as possible, with 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 4/14/99. 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 postpone your hearing if the required steps are not followed. Thank you for your cooperation. very truly yours, NOME IS, HEREBY MVEN that a public hearing wifl be he�d by tE SOUTHOLD TOWN BOARD OF APPEALS at the Town Ha�l, 53095 MaM Road, Southold, NewYork, concerning this property. ft you have -an interest in this project, you are invited to view the Town file(s) wMch are available for inspection pdor to the day of the hearing durin., -WAWW business days between the hours of 8 a.m. and 4 mm TOWN OF SOUTHOLD (516) 765-1809 lie) AILrags(_'S FOR BOARD AND STAFF USE Updated New Information ,- e� � s �pNp s�j _ 26� 2% � i / N•wM /10 Ap E' P`oNo G h / X Aso rrc BROWN 6/L TY SAND W/TH LAYERS OF GRA VEL IBROWN VERY FINE TO COARSE SAND 3R I am famlllar with the STANDARDS FOR APPROVAL AND CONS TRUC TION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FA MIL Y RESIDENCES and will abide by the conditions set forth 'therein and on the permit to construct. The locations of wells and cesspools shown hereon are from field observations and or from data obtained from others. TOPOGRAPHICAL INFORMATION FROM GEOMAPS INTL. INC. CONTOUR LINES AND ELEVATIONS ARE REFERENCED TO N.G. V.D. EDGE OF WOODED AREA EDGE OF BRUSH The water at systema for t to the stands, Department o ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAI W EXCEPT AS PER SECTION 7209 -SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE - IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. ADDI TIONALL Y TO COMPL Y W/TH SAID LAW THE TERM 'AL TERED BY' MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY OF ANOTHER P. TERMS SUCH AS ' INSPECTED' AND BROUGHT -T ,4.7 iiN�(� COMPLIANCE WITH THE LAM. n 'tet IC. NO. 49618 PECONIC SURVEYORS , P.C. ( 516 ) 76 5 - 5020 P.O. BOX 909 MAIN ROAD SOUTHOLD , N.Y. 11971 Prepared In accordance with the minimum standards for title surveys as established by the L.I.A.L.S. and approved and adopted for such use by The New York Slate Land Title Association. REVISE CERTIFICATION 03/27/97 SURVEY OF PROPERTY AT EAST MARION TOWN OF SOUTHOL D SUFFOLK COUNTY N.Y. 1000 - 022 - 03 - SCALE I = 60 OCT 167 1989 NO V. 7, 1989 FEB. 16, 1990. MAR. 41 1992 ( found. 1 MAR. 15, 1996 (REVISION) MAY 28, 1997(REVIS,N) J<zr� 38 _� 1� N/O r F CERTIFIED TO PAULINE K. THA TCHER BRIDGEHAMPTON NATIONAL BANK COMMONWEALTH LAND TITLE INSURANCE CO. TITLE NO. RH 96 0,066 0 De NICO Q wo AREA = 536, 957 sq. ft. or 12.3268 acres to tie line � P �O G Cb :(/ w 2- />/ v ° o CCNC , Q 0 4 Cl) i /0s.90, ^� �) x N S400 N13 /0°/3 3 oti 3s , ` ' \ S2/8,, 2425 F• Cb o S 36.141 4" 2 ry /�6 g3�0 f S.38°06 30 E .. STq29.92 S22o /y S �8j�g? SO.F a pQ. R O~ ,0 I �Q C,)- 89 - 394 .1 j 1 e , x --- - —. -- -- '-- --'- ---- -- - - 4 - --4 E x i S T I -i ce S T P- U c -r v FL E , N c P,-rH L E T I O N i tti• I C�1logL�1 CI�1 E x i 5 T i N a S T R u rio N Y i L E S 'j"4. U C 7` V R E --------'----- -- ____ No Date Revisions ' i • �/ E S T E L E y A r I o N Y THATCHER RESIDENCE i STARS ROAD EAST MARION, NF.W YORK s s SCOT BRIAN COUGH L I N A R C H I T E C T U R E D E C O R A T 1 O N ' 360 R1VF.R91OE DRIVE NFW YORK, NEW YORK 10025 1 TELEPHONE 212.749.9531 FACSIMILE 212.749.9531 � - 1 E X 7 E Io(Z EL EVAT IoNG •Scale g Date o 9- .ohil i V � Ov ga 03 00 A OA G $ 26,•2 —o /i N•w' M /D 38 AO O'kG 0 2� ��N£ d A�Alev s � 5• t�E BROWN SIL TY • \\/\ , SAND WITH / LAYERS OF GRAVEL 3P' BROWN VERY FINE / TO COARSE SAND 38' 1 am famlllar with the STANDARDS FOR APPROVAL AND CONS TRUC TION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FA MIL Y (RESIDENCES and will abide by the conditions set forth 'therein and on the permit to construct. The locations of wells and cesspools shown hereon ars from field observations and or from data obtained from others. TOPOGRAPHICAL INFORMATION FROM GEOMAPS INTL. INC. CONTOUR LINES AND ELEVATIONS ARE REFERENCED TO N.G. V.D. r--�-- = EDGE OF WOODED AREA = EDGE OF 'BRUSH The water supply and sewa8e disposal systema fort a realdenos wi{l conform to the standards of The Suffolk County Department of Health Services. ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION E OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, EXCEPT AS PER SECTION 7209 -SUBDIVISION 2. AI.L CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONL Y IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. ADD/TIONALL.Y TO COMPLY WITH SAID LAW THE PERM 'ALTERED BY' MUST BFr Y. AND ALL SURVEYORS U 77 IZING A COPY OF A _ MAP. TERMS SUCH A5 ' INSPECTED' AND BRO .G " - OT IN COMPLIANCE WITH THE LAW. .10 h, c'. p ' PECONIC SURVEYORS , P. C. ( 516) 765 - 5020 P.O. BOX 909 1230 TRAVELER STREET SUUTHOLD , N.Y. 11971 REVISE CERTIFICATION 03127197 "lyS SURVEY OF PROPERTY AT EAST MARION TOWN OF SOUTH 0 L D SUFFOLK COUNTY N.Y. 1000 - 022 - 03 - 01 SCALE I = 60 OCT 167 1989 NO V. 7, 1989 FEB. /6, 1990. MAR. 4, 1992 ( found. J MAR. 15, 1996 (REVISION) MAY 28, 199 7(RE VISIN) /99e,/c�aa-sf�l Mar. 4, 1999 (Revisions & Additions) M -r l9, /999 .2;- I' -A CERTIFIED TO PAULINE K. THA TCHER BRIDGEHA UP TON NATIONAL BANK COMMONWEALTH LAND TITLE INSURANCE CO. TITLE NO. RH 96 0266 sa /V ,,,o F } P&/ / a8 � A I DeN/co 4. AREA = 536, 957 sq. ft. or 12.3268 acres to tie line 5 II ^'OV r OO / °11 QO ` GAP 0 S Cb w CON J � h O Q QCl) /os go. C0 3 [� / piA '8° /3' ° o ",3s \Jn??4253 S� 83' S.38°06 30��E .. A 29.92 S22o S �Q /?0ti D c� . Z CO I Lj3 TT - 1 NOR TH 'Cltvo✓�� d