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HomeMy WebLinkAbout4791 ao APPEALS BOARD MEMBERS i.... gUFFO(. _ aro COGy�\; 53095 Main Road Southold Town Hall Gerard P. Goehringer, Chairman =� James Dinizio, Jr. y = P.O. Box 1179 Lydia A. Tortora 0 Southold, New York 11971 Lora S. Collins y� ��� ZBA Fax (516) 765-9064 George Homing a Ol �a,06 Telephone (516) 765-1809 ' BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MARCH 2, 2000 Appl. No. 4791 - MARK and HELEN LEVINE 1000-14-2-3.7 STREET& LOCALITY: 2510 Grand View Drive, Mattituck DATE OF PUBLIC HEARING: March 2, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicants' property is a 62,638 sq. ft. parcel known as Lot No. 3 on the Map of Grand View Estates at Orient. The lot is vacant and has a frontage along Grand View Drive of 43.96 ft. (radius), lot depth of 355.87 ft. on the west side, 397.48 feet on the east side, and 266.59 feet along the Long Island Sound. The January 27, 1999 survey prepared by John C. Ehlers, L.S. shows the crest of the bluff at about 110 feet from the northerly property line, with contours north to south, from 46 ft. at the crest to 28 feet (above mean sea level) at the southerly property line. BASIS OF APPLICATION: Building Inspector Notices of Disapproval dated November 26, 1999 and Amendment dated February 9, 2000. The reasons for the Disapproval are that the applicants' proposed dwelling and pool are both located less than 100 ft. from the top of the bluff, and the swimming pool is proposed in the west side yard. The Sections of the Zoning Code under which this application is filed are Article XXIII, Section 100-239.4 and Article III, Section 100-33. AREA VARIANCE RELIEF REQUESTED: Applicants request variances to locate a proposed house and accessory swimming pool closer than 100 feet from the top of the bluff, and to locate the swimming pool in a side yard rather than the required rear or front yard area. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The lot is wedge-shaped, with width declining significantly toward its south end. The shape and grade of the lot make it impractical to locate a swimming pool in the front yard. To place the pool in the rear yard would put it on the bluff overlooking Long Island Sound. The Board believes a side yard location for the pool is environmentally preferable. (2) Applicants wish to build less than 100 feet from the crest of the bluff in order to have a lot width that will accommodate the planned house and side yard pool. The proposal satisfies the Code's side yard setback requirements for the R-40 zone. (3) The relief set forth below constitutes a variance for the bluff setback of 20%, and is appropriate in light of other bluff setbacks in the area and the relatively stable condition of the bluff. For this reason, and because the house and pool will be located well away from the side property lines, the relief set forth below will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. Page 2 - March 2, 2000 ZBA Appl. No. 4791 - Mark and Helen Levine Re: 1000-14-2-3.7 at Mattituck (4) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (5) Grant of the relief set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefit of a dwelling and swimming pool, while preserving and protecting the character of the neighborhood, and the health, safety, welfare of the community RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Collins, it was RESOLVED, to DENY the variance applied for, and to ALTERNATIVELY GRANT variances authorizing: (1) construction of the proposed house and pool at a setback of no less than 80 feet from the crest of the bluff, and (2) construction of the pool in the westerly side yard, provided that the side yard setbacks required in the R-40 zoning schedule are satisifed. VOTE OF THE BOARD: AYES: Members Goehrin.-r Chairman), Dinizio, Tortora, Collins, and Horning. This Resolution was duly adopted (5-0 Vara/ GERARD P. GOEHRI ' ER CH A `MAN Approved for Filing D :xE x/9 q Tao gm To-, , c `cold NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 2, 2000 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD Of APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MARCH 2, 2000 at the time noted below (or soon thereafter is possible): 7:55 p.m. App!. No. 4791 - MARK and HELEN LEVINE. This is a request for Variances under Article XXIII, Section 100-239.4 and Article III, Section 100-33, based upon the Building Departments November 26, 1999 Notice of Disapproval and February 9, 2000 Amended Notice of Disapproval. Applicants are proposing a new dwelling and accessory swimming pool, both proposed with a setback closer than 100 feet from the top of the L.I. Sound bluff, and the swimming pool is proposed in a side yard rather than a front or rear yard location. Location of Property: 2510 Grand View Drive, Orient, NY; County Parcel,No. 1000-14-2-3.7; also referred to as Lot 3 on the Map of "Grandview Estates at Orient." The Board of Appeals will at the above time and place hear all persons or their representative desiring to be heard or to submit written statements (before the hearing is concluded). The 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 (631)765-1809. Dated: February 9,2000. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 EptFORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. AMENDED NOTICE OF DISAPPROVAL DATE; February 9, 2000 TO Amy Martin A/C Levine PO Box 521 Greenport NY 11944 Please take notice that your application dated November 1, 1999 For permit for one family dwelling and accessory pool at Location of property Grand View Dr. Orient County Tax Map No. 1000- Section 14 Block 2 Lot 3.7 Subdivision Filed Map# Lot# Is returned herewith and disapproved on the following grounds 1:__ Construction of proposed one family dwelling and accessory pool not permitted pursuant to Article XXIII Section I00-239.4 which states All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred(100) feet from the top of such bluff or bank. Proposed construction is within 100 feet of top of bluff. 2. Accessory pool is not permitted in side yard pursuant to Article III Section 100-33 which states • In the Agricultural-Conservation District and Low-Density Residential R-80;R-120, R-200 and R- 400 Districts, accessory buildings and structures or other accessory uses shall be located in the • required rear yard... A /9—ci---/ Au ho z itnature ' a f FORM N0. 3; l —r —roc � p TOWN OF SOUTHOLD git 481999 ; BUILDING DEPARTMENT i, SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE; November 26, 1999 TO Amy Martin NC Levine P.O. Box 521 Greenport NY 11944 Please take notice that your application dated November 1, 1999 For permit for one family dwelling at Location of property Grand View Dr. Orient County Tax Map No. 1000- Section 14 Block 2 Lot 3.7 Subdivision Filed Map # Lot# Is returned herewith and disapproved on the following grounds pursuant to Article XXIII Section 100- 239.4 which.states ... All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank. Proposed one family dwelling is within 100 feet from top of bluff. 2LLA-,-,Authorized ' nature f7/�"� SOL /� Bn/ M4-f 4cP-�o aeec�' 14 Q1,�.L7 ` �f` tun ffpp F OARD OF HEALTH L� FORM N0. 1 - SETS OF'PLANS �"(. ,. TOWN OF SOUTHOLD SURVEY E 'T. BUILDING DEPARTMENT CHECK 70 TOWN HALL SEPTIC FORM SOUTHOLD, N.Y. 11971 TEL: 765-1802 NOTIFY: 77 775— CALL • Examined 19.... MAIL TO Approved ,tt19..., O , t No. Disapproved a/c ' L!.ZC(a....:. -....;. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date /n// , 197. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector u 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan shaving location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. c. The work covered by this application may not be conenced before issuance of Building Permit. • d. Upuu approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be,kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS IEREIIY MATTE 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 constructionof buildings, additions or alterations, or for removal or demolition, as herein • described. The applicant agrees to complywith all applicable laws, ordr.., •s, buil. ,i ..•-, housing code, and .regulations, and to admit authorized inspectors on premises and in luild�r neces rte -.- tions. t /, , / (Signature o/ ..licant or , if a corpo ation) d r ; 54.1 ,,, ♦ed ' (Mailing address of ,.. cart build whether applicant is owner, lessee, chitect, engineer,.general contractor, electrician, plumber or bd Nam of owner of premises .. .11c/K f IVa' A! b&cl//.i/ (as on the tax roll or latest deed) If:applicant is a corporation, signature of duly authorized officer. (Nam and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's Idem a l''3. ..- 1. Location of land on which proposed work will be done q/209-41.6 / EZc.i 22€/nig Qieze,ll7— House Number Street Hamlet County Tax Map No. 1(1)0 Section l Block a Lot .S 7 subdivision 9Et d,& . hite Filed Map No. Lot None) 2. State existing use and occupancy ofl/pre9mises/and intended use-and occupancy of proposed construction. �}.. a. Existing use and occupancy .../1AC/el/ e 2Q4 r 17 �ajt11 f f/J72g1 .......... -C8*01-tatti b. Intended use and occupancy L-.1/".1/ /� 1-4-177..t. .. .'c « / ,,,,..Dt A tbi:010naax3 ma' (Description) 4. Estimated Cost $93oo)oto. fee r / (to be paid on filing this application) 5. If dwelling, umber of.dwelling units Ember of dwelling units on each floor .::............. If garage, nber of cars v mu •'.'I£business ccumercial or m€ d 6c ^/ 6 Occupancy, specify nature and extent of eachtype ofuse !' 7. Dimensions of existing structures, if any: Pivot ..L09.'..'..... Rear Depth Height amber of Stories Dimensions of satestructure with alterations or additions: Front .67/1- Rear Depth. Height Number of Stories r 8. Dinensions of entire new construction: Front ... Rear Depth Height $ Number of Stories 9. Size of lot: Front .../f..� 4b . _...AbL,sy. W4rc7e.r th J7lo• el ,4,/sz 10. Date of Purchase Name of Former Owner / II. Zone or use district in which premises are situated 45the r L 12. Does proposed construction violate any zoning law, ordinance or regulation: 13. Will lot be regraded Will excess fill be rummoved from premises: �Y/ES NJ 14. Names of Owner of premises L ?l/(/e Address/S �y1Kf�e OraLJ%ophone tb. al''' /bs time'of , Oe' N'.. 7`).'I'.g frO `e 9 . ,.Address 443..<!MW- .........9 Phone lb..4,72: `S%` 1 Name of Contractor Address /• Phone No. 15. Is this property within 300 feet of a tidal wetland? * YES N) *IF YES, SQJIlM Taal TRUSTEES ItRnT MAY BE RC¢JRdR). PLOT DIAGRAM locate-clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions.. fon property lines. 'Give street and block umber ordescription according to deed, and show street names and indicate whether interior or corner lot. Se,e ,erregC,,Lea sfAlF CT Nati] YORK, COUNTY OF Gu \--EC) L l `A'ly /b/97€1I4/ being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above oared, �n'A,^ cute is the .._ ail //(Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be perfotncd in the manner set forth in the application filed therewith. Sworn to,before me this \ � , - qq 1. 51 da of � L n- 19...1.cc.11. ill Notary Public . -.. aEz...7.:.\l!.t - — ii3 II i (Signa Q' Applicant) WPM it SOHN NOTARY PUSUC,State of nootIllit I SIMed in Suffolk _ Tenn Expires hatch%Oaf • AWN OF SOUTHOLD, NEW YORK' 3'3 "'"" hvt APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL Na 57.7? DATfxv...... .. TO THE ZONING BOARD OF APPEALS, TOWN OSJOUTHOLD, N. Y. K E C E I V E fl I, (We) Mark A ..8‘..1- 1:e9...1:1,..eLevine of 134 Park Place Nome of Appellant e.; f.. era y6 (;L(.l" " i%and Number FEB a �• 20p,.. Brooklyn i NY 11217 HEREBY APPEAL Ta Municipality State Southold Town THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT 6� DATED ....{.(( :('1 WHEREBY THE BUILDING INSPECTOR DENIED TO Amy Martin a/c Levine Name of Applicant for permit of 2510 Grand View Drive Orient NY Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( x) for one-family dwelling 1. LOCATION OF THE PROPERTY 2510 Grand View Drive, Orient R-40 Street /Hamlet / Use District on Zoning Map District 1000 Section 14 Block 2 Lot 3.7 Current owner Mark A. & Helen H. Levine Map No. Lot No. Prior Owner Charles R. & Nancy E. Slanetz, Jr. 2. PROVISION (5) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section; Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinace. Article XXSTI Section 100-239.4 =1-- too -33 6706( in. -5;a0... 1.. ?11'00 3. TYPE OF APPEAL Appeal is made herewith for (please checkappropriate box) ( Id A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (hos) (has not) been made withrespect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance ( ) is requested for the reason that [see annexed) Form ZEt (Continue on other side) The premises consists of 62/-38 square feet (1.44 acres) located on the,' th side of Grand View Drive in Orient. It is show. .y Lot#3 of the Major Subdivision Map o.. .rand View Estates. The premises is vacant residential land with wood steps and landings from the top of the bluff to the Long Island Sound Beach. Most of the face of bluff is overgrown by shrubs and other vegetation. It is relatively stable. No construction (other than possible repair of existing steps and landings) will occur in the area seaward of the coastal erosion hazard line. The highest point of land is approximately 46' above the Sound and slightly south of the topographical crest of the bluff. Because of the required 100' setback from the top of the bluff, the elevations of the permitted building envelope are between 8' and 12' below the crest of the bluff. The steep drop in elevation sharply reduces the potential view from any structure erected on the premises. Shifting the proposed building envelope forward just 25' raises the elevation to just 6' below the crest of the bluff and significantly expands and improves the view. Within the building envelope, the owners intend to construct a two story residence. A swimming pool will be located in the western side yard. A proposed Site Plan and aerial photographs are submitted herewith. 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted, BECAUSE: the proposed variance is consistent with earlier construction. and with variances granted on much of the recent construction in the area. (a) The premises to the east (Lot#3.8) is improved by an old one-family dwelling that is located at the coastal erosion hazard line and, it appears, within approximately 25' of the crest of the bluff. (b) A property further to the east (Lot#3.11) was granted a variance in 1993 for the construction of a residence and a swimming pool not closer than 70' from the top of the bluff. ee In the Matter of John Crokos, Appl. #4204 (12/8/93). (c) Lot#3.5 one lot to the west was granted a variance for pool, decks and fences at >60' of the bluff. (d) Lot#24 was granted a variance for the construction of a dwelling not closer than 60' from the crest of the bluff. See In the Matter of Cipitelli Bros. Realty, Appl. #3849 (10/12/89). (e) In addition, variances were granted on Lots#1.9 (gazebo, deck and stairs), #1.8 (gazebo), #1.6 (pool), #3.9 (pool and gazebo at 50'+), and#5 (construction at 80'-85'). 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue other than an area variance BECAUSE: (a) If the house were built within the Town specified building envelope, it would be necessary to raise the structure by as much as 12' in order to obtain a comparable view of the Sound. A 2- story house would run afoul of the height restrictions of the Town Code. Thus, the owners could build only a 1 or 11/2-story house with a large footprint in order to obtain the desired 3,500± square feet of living space. (b) If the house were not raised, there would be no view of the Sound from the first floor. (c) An inverted house with living room, etc. on the second floor would result in a 15' climb from the driveway to the main floor. 3. The amount of relief requested is not substantial BECAUSE: the requested 75' setback is lesser relief than that previously granted to other properties in the neighborhood. 4. The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE the structures will be located significantly back of the coastal erosion hazard line and within an area of relatively stable terrain. 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: �1 At t. STATE OF NEW YORK ) ss. COUNTY OF SUFFOLK ) Sworn to this 9th day of February, 2000 ``, 4./,• N. .ry Purlic JUT?L.METE Notary Publu:,Stye oS New York N0. .963952 Cuatitied in Naa 2u Count Cn mirs n Expires J*13, v-( {/� qy TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER- �� -.MEW ;a f r``• VILLAGE DIST. SUB. LOT 3 Mark t . ,1-1 tiet'1 . LesVic.w fjx( ,.:> �' 4~ L-Dvdrsc4 View sice FoRMER,OwNERN E ACR. bar .3( .Z7I C .(Z S IQrK zr tE L J.{ S W TYPE OF BUILDING k C� VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS qt„Asa . 1. .l4-,,v 9-e.oz. , I`t"C) - pct.,, - •-�-� (�,�,k�1<, '�1 l'4',C7 c7 C✓ _ zoo, 1 Uu, .15- 0u ° 5/4 8a✓ s/108- L105ito P582 bb -Fa Sb (e+z 3,o,cot /24 't -- L Ir`7l� z. 30)- A') 5y9 1. 11 ?&O ) 19-1 -,5/0/2c/./ to Lel/II-Le 4 4/15'': 00 0 3/5799019#07,539 Pnurth71an Tillable FRONTAGE ON WATER ?cc) ZI b /877° - 382 2: _' Woodland FRONTAGE ON ROAD Meadowland DEPTH 35 0 House Plot BULKHEAD Total pti'a561,V/?efro £uhit on viv M. Bldg. Foundation Bath Extension Basement Floors Extension Ext. Walls . Interior Finish • Extension Fire Place Heat Porch Pool Attic Deck Patio Rooms 1st Floor Breezeway Driveway Rooms 2nd Floor Garag• I ( c) l r = I '!f1 .)0-1 kO cJ • w 0. 8: • •i TOPOGAPHIC MA ' OF LOT # 3 �YJ SURVEYED II-2q-13 MAP OF "GRANDVIEW N AMENDED II-30-618, 01-21-qq, 10 04-611, JAN. 13, 2000 ESTATES AT ORIENT". / FILED AS MAP # 70S5SUFFOLK coyNrr TAX # SITUATE: ORIENT Wti_ F 1000 - 14 - 2 - 3.7 TOWN OF SOUTHOLD €!C L IIUE - I SUFFOLK COUNTY, NY S 1 Olga Island Lon N85°32'42"E 1L 1' 5T3a 1 -I14'451°�„� �C��� _ _��ne oo� os�4=�i ��ager fg��,C 5,2n i e ot—sprin9— - 16. — _ _ --- _ _ __— — _ — 2b - - - - - - - _ t ao_ - -- ei,y> - - _ _ _ oo � � _ — 3 — 3� _ — - — - _ _ _ uj �a = _ _ _ oY opo9r�ph1G crest — _�� ' —_ N -e,=45,6 - i - �2� Ab -- _ - - 1- > - i Nl �oz�o^ q.LF — f M Ooaz prd U^a — 6 \ Hoz 0.Z - - - ery A ry _ 40 Lot #3 ,z 0 o T _ 3O - 4 _ b=3 e - 5u idino n-- O \S �� Lot #2 >s ri 30 � g6 -- / Lot #4 61 it viP -C 0) — OI' Of; ” ryy box osa 4 E;4`3 N 6. "Sax 3 � R�INJy�I�Y1I —rand . /,rand 0.2N �° sY1 a=2S ii� �0 ef 6.2�p �0 9 If NOTES: Lot #13' \ o o Sec S OC, s/ iii". .aou e e V00 OOF aw� e, Of NEll = ce LaM ii MONUMENT FOUND �5 '��q���C. E(�j `G Q �9 a °9 ° Y true 0 PIPE FOUND :�/s E ��: cooies fi! c � v curl-ITT) HEDGE v, .:%;411,0; e$ - I:t L e:sts s f:r Lard Surveys i ea r¢. ". , n ELEVATIONS REFER TO NGVD'2q 2 �0r,o„:; °,e,'.%t- o,s AREA= 62,638 SF OR 1.44 ACRES '.VSEL =-`r�0;g:et} N.Y.S. LIC. NO. 50202 JOHN C. EHLERS LAND SURVEYOR GRAPHIC SCALE I"= 40' 6 EAST MAIN STREET RIVER.nEAD, N.Y. =90' 1.• 369-8288 Fax 369-8267 REFERENCE # -99-252A� I f 4 6 7 9 IC i I ( , � 3 14 15 I� I ? " �' ISSUES / REVISIONS ., " - - ID 1 Pt NN I / 48� LOT M4 1. 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BERM H,,...---: „....• 13p.0 _ 1 I1 � f2M it I V A A V A 1 \ \ \ A,� hz. \ ` '\ \ \ `I \ \ \ \ v1 \ V \\ \ \ \/ 30 EL =37 6 \\ '�, \ I A V A \\ \\ A A A \ • % \ \ \ 40 355.07 - Iv- I 3 V \ \ V A I I A A A \ O O 44 42 - '►"*- s 7 t, . i L \ L \ - \ 46 rL(HAN I L V A V A A V A A N15° CLIENT / OWNER - I w \ 1 1.1 \ t \ \ •, ! o \ w � 1 tx � Co) O \ -HJ LOT 02 Z '** MR,4 MRS, M.LEVINE n, 6RANLJVILYV ORIENT, N.Y. .0. sA5ED ON TOPOGRAPHICAL MAP Or LOT 03 Q "MAP OF GRANDVIEW Rs ESTATES AT ORIENT' . . SITUATE: ORIENT r TOWN OF¢OUTHOLD, FWOJEGT TITLE' ' .. SUFFOLK COUNTt'. N.Y. - - R 9 ... .. NEWSUFFOLK COUNTY RESIDENCE, I , SWIMMING POOL OUTLINE DRA'HING TITLE 1 ROTE; JA ®,YNONUMENTFOUND - - - - - _ ELEVATIONS'.r rgRto MGVD'2s site PLAN AREA=62,G3Asf'. OR-I .44 ACRES 'r4 t _ _ N L � m m DAT SCALE � ' '� N o . o, w` - `O EL k° m' m 11” c m "' EOCT 23 2001 ru + 2o'>0 II ISSUE OCT q2 zoo{ at; , I SITE PLA `ISI SCALE. i =2017 ; a . !�. , ,.I 'r nr i .r 1 'Ha "., . e i , , s., , ,i11 st ,.:: 1 f; `H �, HI': _ H -H,. , r e' _ w flfif I0)7'6FAIRWEA.THER-BROWN gAr‘lokN DESIGN ASSOCIATES,INC �� 8 200/ P O Boz 521 413 Minn Street Greenport,N Y 11944 631-477-9752 (faz)631-477-0973 October 18, 2001 Zoning Board of Appeals Re Levine Residence SCTM# 1000-14-2-3 7 Bldg Permit#25584 Dear Chairman and Board Members, Accompanying please 7 copies of the site plan the building department disapproved on 8/10/2001 This however was not the site plan that was submitted to the building dept for that disapproval - . 4. : • . .r. ___ ,. _ .,., ' • site plan 01)1L----° Sincerely, '),27 Amy 1ntars 644.4.4-e eLA-4 3/0.2/6/ Page 41 - March 2, 2000 Board of Appeals Heanngs 7 55 P M -Appl Mo 4791 - MARK & HELEN LEVINE This is a request for Variances under Article XXIII, Section 100-239 4 and Article III, Section 100-33, based upon the Building Department's November 26, 1999 Notice of Disapproval and February 9, 2000 Amended Notice of Disapproval Applicants are proposing a new dwelling and accessory swimming pool, both proposed with a setback closer than 100 feet from the top of the L I Sound bluff, and the swimming pool is also proposed in a side yard rather than a front or rear yard location Location 2510 Grand View Drive, Orient, County Parcel No 1000-14-2-3 7, also referred to as Lot 3 on the Map of aGrandview Estates at Onent CHAIRMAN GOEHRINGER I guess will start out with Ms Doty by asking you the proverbial question Why not the 100 ft setback which was originally applied for, or is this going to upset you'? Would you rather just do your presentation first'? MS DOTY No, I figured that because actually that is my first issue by itself in my presentation CHAIRMAN GOEHRINGER I have to tell you, we're relatively elated tonight in the two of course Dr Benjamin we sent a Soil & Water Conservation and so we did the Levines, OK? And in both situations, they came back relatively you know, constructed with comments but in both cases relatively OK, with their evaluations to the bluff MS DOTY H'm, h'm CHAIRMAN GOEHRINGER I'm just making that as a comment MS DOTY I did decide over the week-end and I was surpnsed to see how strong you felt up there and how low the erosion appeared to be It's a large lot as you know and I represented the Levines when they purchased the lot And as frequently happens in contracts on vacant land out here now a days, the contracts are contingent upon the issuance of a Building Permit and there's a time frame, and (inaudible) lot waivers and when you're on the buyer's side, that's not any reason to hold it up In this instance we made it to Health and DEC, Trustees and everything else and we submitted an original application to build 100 feet back from the bluff and the plans used in that instance were essentially a set of zoning plans If you can check any number of permits on file, (inaudible) CHAIRMAN GOEHRINGER So we're calling a building envelope, or postage stamp or whatever other phrase you want to refer to Page 42 - March - >000 Board of Appeal: aarings MS DOTY Exactly If it seems to be my night to pick on the code, but if the town had a provision like East Hampton has, where you can get a letter of buildability, then we wouldn't have to make the Building Application and go to the Building Department and so on and so forth Basically what they say, if you follow the zoning code and get your Health Department approval, etcetera, you can build a one-family house on the property MEMBER TORTORA We had a vacant land C 0 in this town at one time MS DOTY Mr Corner, had one in his hand and said it's buildable MEMBER TORTORA. And what happened was, people thought that their land was buildable, when in fact it didn't mean anything I don't even know why it was there CHAIRMAN GOEHRINGER Because Southold Savings Bank requested it pnor to the purchase of land or else they wouldn't lend any money That's the reason why MEMBER TORTORA So we had it for years It created absolute chaos We finally got rid of it MS DOTY In this instance it's you know, we got Health Department approval, we got everything We were under the pressure of time to get the Building Permit approved and my clients do not want to spend the time with an architect designing their house They didn't have that luxury They signed the contract a, I don't know October and close to ( ) which is not a lot of time for one ( ) parcel In any event, that's why that Building Permit was there and that's why a, what reason I'm here is now to seek to change that Building Permit and we should have amended that Building Permit We're requesting that the house be 75 feet from the bluff which is a 25 foot closer stated than allowed by the Zoning Code One of the reasons for this is that there's fairly short grade on that parcel and even 25 feet will help to raise the house up so that you can get the view of the sound Any number of houses up there or parcels up there had variances granted for substantially greater distance than what we're requesting, 60 ft, 70 ft but we're asking to put the house closer to the bluff so we can maximize the view We're also asking that the pool be permitted in the side yard and realizing we didn't put that in, but the reason to have the pool in the side yard is, if it's in the front of the house, the house goes further down the hill, and the view Is even more limited by virtue of the pool being there If it's in the back of the house where it'e permitted, I mean the front yard, It's further, the pool is down the hill, and you've got to climb up the hill to get to the house, or, it's in the middle-of the parking space, and ,f we raise it to the level of the h.Q a lnthet:back, then it's really a (rot of (Inaudible) I mean whether the lot rrglly'it logically fife in the Page 43 - March 2000 Board of Appeals Hearings side yard and it would just go I understand there will be no decking attaching the pool to the house It will be a patio, landscaped Another reason to put the pool and this is a strange reason but in the summer time, the sun sets in the north and if the pool were in the front yard, by the road, it's conceivable that there would be a shadow cast by the house across the pool If it's on the west side of the lot, the shadow should not hit the pool, which depending on whether or not you have skin cancer is logical Another problem is the shape of the property is like a cone If the structure is back further, it gets (inaudible) So there's a little more room up by the bluff, plus you get privacy If you look at the neighborhood, any number of houses have vanances there I think ifs 6 out of 11 lots between lots 1 9 and 3 11 have some sought of variance construction from the setback on the bluff We're not asking for a significant setback, we're just asking for enough so that we can fit the house up high enough so that you can see down (inaudible) I think when the Board balances the various needs and benefits to this application it would make sense I and request that the Board grant the application CHAIRMAN GOEHRINGER For the record we have a letter from Nancy & Robert Hungerford saying that they have no objection to the vanance or the placement of the pool For my particular benefit although it does involve the issue of the pool in the side yard on waterfront property of this nature, I would rather see it in the side yard I don't like the impact of the weight of the pool on the cliff of the bluff and that's just an opinion on my part MS DOTY I ( ) some discussion and possibly changing the code to permit a side yard on waterfront parcel That's the rumor ( ) MEMBER TORTORA The pool, the pool'? MS DOTY That's all I know BOARD SECRETARY KOWALSKI Ask for the Affidavit of Posting CHAIRMAN GOEHRINGER Do we have an Affidavit of Posting? MS DOTY We have an Affidavit of Posting and I was going to submit it along with the reasons for the pool location I also have a tax map which has information listed on it regarding all of the other variances that have been issued CHAIRMAN GOEHRINGER The house approximately 1, 2, 3, the fourth house down we had a very lengthy agonization of the swimming pool I believe the names are on here MEMBER COLLINS Crokos? Page 44 - March - -'000 Board of Appeal;. .3arings CHAIRMAN GOEHRINGER Yes, Crokos We had - MEMBER COLLINS They came and went, came and went CHAIRMAN GOEHRINGER We must of had three or four hearings on that BOARD SECRETARY KOWALSKI That was an 70 feet setback There's a copy in the file MS DOTY There's an Affidavit of Posting on it CHAIRMAN GOEHRINGER Thank you Before you leave Ms Doty, we'll ask Mr - MS DOTY Incidentally, the architect is here if you have any questions CHAIRMAN GOEHRINGER Thank you Mr Homing, any questions of Ms Doty'? MEMBER HORNING Is the pool above grading at all or, is it naturally like that'? MS DOTY It would be a - f MEMBER HORNING So the only thing above grading would be fenced around the pool'? MS DOTY Yes CHAIRMAN GOEHRINGER Ms Collins, questions'? MEMBER COLLINS The Chairman mentioned, that the Hungerfords had sent a letter to us saying, they had no problems with this Has anything been heard one way or the other from the neighbors to the west on whose side the proposed pool lies'? CHAIRMAN GOEHRINGER They may be here, we don't know No'? BOARD SECRETARY KOWALSKI Is that the one card that didn't come back yet, the green card'? MS DOTY That could be the one card that hasn't come back yet from Rockville Centre • Page 45 - March 2000 Board of Appeals Heanngs MEMBER COLLINS I'm not raising it to make a big fuss I just figured rf anyone was going to say something, it would most likely be them MS DOTY I have not heard anything from them and I think, which number is that? Is it 6? I am missing one card It has not been returned CHAIRMAN GOEHRINGER 3 6 MS DOTY And I think that's them MEMBER COLLINS Yes, their 3 6 OK, I was just curious MS DOTY You've raised the Hungerfords and you know the neighbors to the east Theirs is a pre-existing dwelling I mean it's an old house MEMBER COLLINS Oh, it's an old house on the bluff MS DOTY It's an old beach shack that's been renovated quite nicely I might add CHAIRMAN GOEHRINGER That was the original summer home for the Sledjeski family MS DOTY Right, OK It's right on the coastal emergency zone CHAIRMAN GOEHRINGER Right MS DOTY (inaudible) CHAIRMAN GOEHRINGER Alright, we'll go back to Mrs Totora and we apologize for skipping over you MEMBER TORTORA That's OK, I just don't have any questions CHAIRMAN GOEHRINGER Mr Dinizio? MEMBER DINIZIO No, no questions CHAIRMAN GOEHRINGER We thank you, we'll see what develops throughout the hearing and we may have you back up We'll see what happens Does Mr Fairweather want to say anything for us'? MR FAIRWEATHER I think (inaudible) I Page 46 - Marc 2000 Board of Appeals Hearings CHAIRMAN GOEHRINGER Mrs Levine, it's a pleasure meeting you Is there anything you'd like to say'? MRS LEVINE No BOARD SECRETARY KOWALSKI That's Amy, his wife CHAIRMAN GOEHRINGER Oh, you're Mrs Fairweather I apologize Is there anybody else would like to speak in favor of this application'? Is there anybody like to speak against the application'? Seeing no hands we'll make a motion closing the heanng reserving decision until later MEMBER TORTOA Second CHAIRMAN GOEHRINGER All in favor? See Minutes for Resolution COUNTY OF SUFFOLr. 111.$ © [_____EL___ngiE WA 2 I 21E0 ROBERT J GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M JoNEs, A I C P DEPARTMENT OF PLANNING DIRECTOR OF PLANNING March 17, 2000 Town of Southold Zoning Board of Appeals 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) Cohen, David and Ann 4779 Mooney, Daniel and Maureen 4782 Dr Vallo Benjamin 4786 An elson, Perry 4789 vine, Mark and Helen* 4791 Tole (Kathleen) and Durkin(Mary Ann) 4792 *Alternative relief appears warranted Very truly yours, Stephen M Jones Director of Planning S/s Gerald G Newman Chief Planner GGN cc O(CCHORNYIZONING\ZON(NGIWOR ING\LD2O(X MAR\SD4778 MAR LOCATION MAILING ADDRESS H LEE DENNISON BLDG 4TH FLOOR ■ P 0 BOX 6 1 00 ■ (5 I C) 853 5 1 90 (00 VETERANS MEMORIAL HIGHWAY HAUPPAUGE NY 1 1788-0099 TELECOPIER(5 I(5) 853 4044 ,ois . 1 dol �a-�/�,� 8. 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 Commission: XX Variance from the Zoning Code, Article XXIII , Section 100-239 4 and III 100-33 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No 4791 Applicant Mark and Helen Levine Location of Affected Land 2510 Grand View Drive, Orient County Tax Map Item No 1000- 14-2-3 7 Within 500 feet of Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments • Applicant is requesting permission to locate proposed dwelling; and swimmingpool within 100' of bluff and swimmin4pool in the west side yard srea Copies of Town file and related documents enclosed for your review . Dated March 16, 2000 '' ,,„ilii APPEALS BOARD MEMBERS � g�FFO(,�- AO Op; Southold Town Hall Gerard P Goehrmger, Chairman t �� y ; 53095 Main Road James Dizio,Jr ; P O Box 1179 m Lydia A Tortora : u- i Southold,New York 11971 Lora S Collins y'� ,:kt. ZBA Fax(516) 765-9064 / ` George Horning -1 Telephone(516)7654809 Iv BOARD OF APPEALS TOWN OF SOUTHOLD March 7, 2000 Deborah Doty, Esq. 670 West Creek Avenue Cutchogue, NY 11935-0876 Re Appl No. 4791 - Mark Levine Application Dear Ms Doty* Enclosed please find a copy of the Appeals Board's grant of alternative relief rendered March 2, 2000. Please be sure to update the survey map to show conformity with the alternative relief granted by the Board when proceeding with the next agency A copy of this determination has been furnished to the Building Department for their update and building permit application file Very truly yours, GERARD P GOEHRINGER CHAIRMAN Enclosure Copy of Decision to Building Department (and extra by fax to D Doty) MARK & HELEN LEVD Appl No 4791 00 Parcel ID # 1000-14-2-3 7 • SUPPLEMENT - March 2, 2000 • REASONS FOR PROPOSED SIDE YARD POOL LOCATION 1 If the swimming pool were located m the rear yard near Long Island Sound, the dwelling structure would then be pushed even further down the hill away from the crest of the bluff Thus, the view of the Sound from the house would virtually be eliminated 2 A front yard location near the road is problematic because (a) the pool would be m the area designated for parking/turn around Without significant additional terracing and grading to raise the pool to the same level as the first floor of the house, the pool would be located below the house - thereby creating the possibility of the house casting a shadow over the pool m the late afternoon m the summertime (b) If the pool were located on the far side of the parking/tum around area near the road, people would have to trek across the parking area and up stairs to get to first floor of the house 3 Locating the swimming pool in the western side yard is appropriate because the location will (a) be on the same level as the house, (b) have a lesser environmental impact because of the reduced need for grading and terracmg, (c) enjoy the benefit of the late afternoon summer sun, and (d) afford the pool area additional privacy from the street 1 —�� -~\ 'SI / y 41 Rtaffaeg Qp6Dd us f 4.T`jE I SAIDtailF \ Y(''� M ' ,';1 ,, SCI III IW . o i.•tib IN II C / I 1.104 41 ,'1%, 4 ' I/ Ms 3.17 O tat i ejL NIS AV cl 4.14 — tee �S 1�M' 3.1**3. f1 L1(QJf a 1M) J. % • r Ib fl toe 340 son 49 V tot • &IA lit , 1.131 pal 3ue1 i „((J►1 �w`1 ` Mai3411a . "". \ • . .: 11 •a istAivo4r „ Lff\ • C tom K1 • - � 'r C� • 1�'1 3.24 3 4 7 to �'11nr* tot1 rd �O •�� ' 1.004:004 444 >rl ds 1 s0 - -1:-: hes 0 • 6. s1.34 WIA - u„ nn __ o N�� t 3.27 IMS 12A1�1 g • ISIS 3.33 a F4 / > b4 .r I 4 0 '? IS olilcl ..► ..I „w 1 .w FROM FAX NO Feb 25 2000 09 03AM P1 n 5-4 y �a Y. Nancy & Robed Hungerford IE CIE OWE n , 41r 2 5 MO I , ', . U:-i'& 2/24/00 - 3la k- - - . To. The Zoning Board of Appeals From Nancy & Robert Hungertord Fax 1 of 1 We received your letter about the heanng on the Levine property, which adjoins ours to the west, and have examined the plot. We have no objections to the vari- ance requested nor to the placement of the house and pool as shown We would, however, like to be informed should the projected location of the pool be changed to the east side of the property Sincerely, 614/Yere" /7 Of V17/("fr eiF Post Office Box 609 Orient,New York 11957 (631)323.3982 fax(63E 323.2304 email mulmark@zol cold i TRANSMITTAL MEMO TO: ZBA Chairman and Members FROM• ZBA Office Staff DATE: e,6 2'/ oz o o d SUBJECT: File Update batik a o-re J—Vo With reference to the above application, please find attached the following new information added to the official ZBA office file: 4-CP-rck T L� � � a..l� 'co 2ti Comments: __-- 1e % .�i�e�r `-- Number of Pages Attached: TrMemo doc FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 25584 Z Date MARCH 5, 1999 Permission is hereby granted to: CHARLES SLANETZ (LEVINE) 2510 GRANDVIEW DR ORIENT,NY 11957 for CONSTRUCTION OF A FOUNDATION FOR A NEW SINGLE FAMILY DWELLING AS APPLIED FOR. at premises located at 2510 GRANDVIEW DR ORIENT County Tax Map No. 473889 Section 014 Block 0002 Lot No. 003 .007 pursuant to application dated FEBRUARY 11 99 and approved by the Building Inspector. Fee $ 75 . 00 21-(4- 4 Authorized ignatur COPY Rev. 2/19/98 ' SURVEY OF LOT # 3 N SIJIRVEYED ii-3299-9913 MAP OF '6R41`1DYIEN Al ED 01-2 1-49 (ELSE SIZE) ESTATES AT ORIENT" FILED AS MAP # 1083 SUFFOLK COUNTY TAX u SITUATE ORIENT W E 1000 - 14- 2 -31 TO141 OF SOUTHOLD CERTIFIED TO SUFFOLK COUNTY, NY 3 CHARLES A SLANETZ -IR Island Long So nd 4' 16 N05°32142„"E 41 n g S73°/4, °45i� _ rNi 1313E \�_ or l'rri — _ \ — f— — — • — — — — ueb�14 -- -____7-=-- — - _ ..0' Oft r , , ,/ / \-\ \ 1•• •-•,,.. --„,.., /0 i '�- /R ult n +err ON 1/n Lot#3 1 a • 0 «I 1/41"..c\—' 1 / if Or+ • 1 3 ‘7:—S5- IP "!% I� .0 (I I �riel°P°aed m 1 1 j - Teat Hole IO-29-48 Lot#2 150 �� (rot to Scale) F1cDorold 6eoacbnce o o rl s I, 1111- O `\ I / 1 I /id / LOt#4 A o \', \ Iiwc 111r1fPLEASE NOT65 7 +A r .--, m r-I r-t-,rhafNPPn well / / 3- / Oek 0 DUTLDIl -G 1 i RMIT RIVIEW L 3E CK LI sT Applicant) 914ZDate Owners Name Reviewed 3/2--A7 Architect/ p Date c,� Engineer Submitted Z��// SCTM# — — District 1.000 Section /174 Block Z Lot 3 7 Proj - roision Locaectrion 2_sl� a.4... NameSubdccs Single&separate Required certification (Yes/No) �f_ Zoning Distnct A [Lot sae 000 Actual ' 81 [LotRW coverage ��Proposed -4 d Rai [Front Yard 57 Proposed /195-11 [Side Yard / Proposed�7' ] [Rear Yard ` Proposed PC) i�� 7 . Project Descnption - GP-P- 5- rir-*"7"•*Pi '74€ .” / ,AGENCY PERMITS 3 2 X Sb Permit REQUIRED FOR REVIEW NY_ NO YES Number Suffolk County Health Dept ✓ RPP- /5-D/70 New York State D E C C/:w. Town Trustees _� Town Zoning Board approval I. Town Planning Board approval ✓ o 'ge7e Flood Plane Elevation 799 Flood Zone Nates: gcm-.44..- ,9-713., r"....„,...., --x.,r,,,.........a.) 3Z)xs-6 7/6;x14_,,,: /ao ` "- FIRISPECTIOLI REPORT MAZES n r___,.________, tv„ 1 FOUNDATION ( 1ST) ail FOUNDATION (2ND) _ , t Et ROUGH FRAME & Cr PLUMBING , d Q' '• _ _ INSULATION PER N. Y. H STATE ENERGY CODE C . 1 i , It,„ r �-� 0 t. ' .fir, f i C 1,� ' t , 'x:* a r' ADDITIONAL''COLS: 1 Z 2s U o c E 4 pm c C Ile Is'the .. 1' L7. NT . .. .. .... .. .... ... . (Contractor, agent, corporate officer, etc.) - - _ of said owner or owners, and is duly authorized to perform or have performed 'the'said work and La make and file this application, that. all statements contained in this application are_true to the,best,of Ins knowledge and belief; and at_ the work will be performed in the oder sel forth ln,thg applicatioi fite�d the� cin„tlh. that_ , - j ' w„<,c , Sworn to befo me this f� 1-\ _ 1 ' '� ... r .... // . day of ... 1 '.. I T ' 1 f+ L 4, . f.1 ' 1r, L.,,- } _ rit I i 1 _3 V. is .'Y h i 'i , $ , Notary Public ., (. gnature of Applicant) .) •. - .f.• � - HELENE D.HORNE Notary Public.State of 4fiod NO.49613 8 ONo�u1vt lbdc R .�� — n^4RD OF HEALTH `-`k D 15 L � E ( FORM NO. I ETS OF PLANS I in OF SOUTHOLD auicVEY L.� FEB I 11999 ;� TOWN f DING DEPARTMENT ' CHECKHALL SEPTIC FORM . . . . SO,THOLD, N.Y. 1 197 1 i stag aucv EL: 765-1802 NOTIFY: _( 75 / G� CALL Eicanined. , 19.[q( — HAIL TO- Approved �l� !C. , 19.!.9 Permit t3o. . �.1 •• .. - Disapproved a/c .... .. . (Building Inspector) APPLICATION FOR BUILDING PERMIT' pate. .c` �.1 , 199.1 . INSTRUCTIONS a This application must be canpletely filled in by typewriter or in ink and sutmitted to the Building Inspector int 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on primes, relationship to adjoining praises or public streets or areas, and giving a detailed description of layout,of-property mist Abe dram on the diagram Which is part of this application c Me work covered by this application may not be,cammenced before issuance.of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or,used in whole or in par,t1for any,purpgage,'wb tever ipntil a Certificate of Occupancy shall have been granted by the Building Inspector. r r APPLICArlai IS HEREBY MAIL to the Building Department for the issuance of_a Building Permit pursuant to the Build ng 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 rgnooval oX„demolltian, as herein ce described. The applicant agrees_to comply with all applicable laws, ordinans,,buil�ding,code,,hausing code, and regulations, and to admit authorized inspectors on premises and in bu' .ing for ilispectipns, Signature o .lican or name, if a be 9, ion) (Mailing address of applicant) Slate whether applicant applicant is owner j lessee, agent, architect, engineer general contractor, electrician, plumber or builder A MA--ie, .LeV)N . 11: Lcv)N6 . .... Name of owner of premises 4 II f,��,?..l C.. L �T.�r.s R:: . ...L x kN q-Y & S L A N E T z . . . (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. . .. . ... ... ,l 1 Location of land on which proposed work un will be de1- .5.JC). ,�R.A.N�. �C 1)g.11/.67 - Hasse Number Street Hamlet County Tax Map No. 10000Section . , / LI Block .... . i Lot, 4 , , Subdivision Mite.A.E.(1C46-NANlv1!s!. . Flied Map'No 70a .. tr:!. Lot =3t.... . (Name) 'l OR/UNT 2 State existing use and occupancy of premisesandintended use and,occupancy of proposed construction: a Existing use and occupancy . ..... . .. ..... . . . b. Intended use and occupancy .5 O�. T.a9!n14x1. 0 Q- 'l aie,. .. -r?7d y di/ , . 02/16/99 13 30 /2616 616 tf951 t, n iivl. w__Iv�� - r_._.,_..„,,..., - FEBr` { r ' (r J .i - Town HAILAU�ert J_Krupr�, DEPT d -: 53095 Main Road JemRsKmg, -•• __•:,•, P-O.Bax 1179 H =7Smith -e • Southold,New York 11971 Artie Eo.t� :,:t. • • �` - Ken Poliwoda O� 0 Telephone(616)765-1952 .7,�'� Fes(516)765-1823 BOARD OF TOWN TBUBTEES BOARD OF TOWN TRUSTEES TOWN OF SOUTaOLD December 23, 1998 Catherine Mesiano - — - --12-30-11 PQ33.4T n e_ - -— - - - East Moriches, NY 11940 - - - - - - -- - --- -- — - — RE: MARK & HELEN LEVINE SCTM #14-2-3.7 Dear Ms. Mesiano, The Southold Town Board of Trustees reviewed the survey dated and received in our office on December 16, 1998, and determined that your proposal to construct a single family dwelling to be out of the Trustee Wetland Jurisdiction, under Chapter 97, and the Coastal Erosion Hazard Area under Chapter 37 of the Town Code. However, any activity within 75' of the Wetland line, or any project seaward of the Coastal Erosion Hazard Line would require permits from this office. This determination is not a detarrnination from any other agency- If you have any further questions, please do not hesitate to call. - -,-- - _ --- - - - - - - - -- - — Sincerely eze.e.4.44/ ,fic..rces-stz ga, _ Albert J. pski, Jr. President, Board of Trustees AJK/djh cc- Bldg- Dept. -n --- .__ - ..- ----- -• -- - - laoo- 14- - - 3 Post-t Fax Note 7571 LlateL j 10 k 5 a- j)Per reaC• 1.- 6-5rAk.A-) 0 icin — Oa Mannsa r(1--g 5 sr '°`7 jr 5-[82.3 - I RA) TRANSMITTAL MFMQ TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: 4e-b_ 28, zoo 0 SUBJECT: File Update — 6Arrirt,c. (3/.2 Z80- 11/41ea 0 With reference to the above application, please find attached the following new information added to the official ZBA office file: _ alai _a aPre- itLk_LA d1 n 4._/ G t Comments: Number of Pages Attached: ___. __________ TrMemo doc APPEALS BOARD MEMBERS �0S�FFO�,f- ��� Southold Town Hall Gerard P Goehnnger, Chairman a'e Gym; 53095 Main Road James Dmizio,Jr - P O Box 1179 ti Lydia A Tortora P $ Southold, New York 11971 Lora S Collins ���� ZBA Fax(516)765-9064 George Horning = �1 * *0,.' Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD February 22, 2000 By fax to 727-31(06 Suffolk County Soil & Water Conservation County Center, Room N-210 Riverhead, NY 11901-2100 Re Sound Bluff- Mark Levine Project at Onent 1000-142-3 7 Gentlemen We have received the above application requesting a variance for a new dwelling and in-ground swimming pool, proposed at less than 100 feet from the top of the L I Sound bluff at 25120 Grandview Drive, Grandview Estates Lot 3 at Onent (A copy of the applicant's sketch is attached together with a copy of the County Tax Map of the general area) Would you please provide an evaluation and suggestions relative to the bluff and immediate area for possible concerns or affects based on the applicants' request A public heanng will be held March 2, however, if more time is necessary, please let us know and an extension would be available to keep our record open, pending receipt of your evaluation Thank you Yours very truly, GERARD P GOEHRINGER CHAIRMAN Enclosures ////iii�-- APPEALS BOARD MEMBEP �,"i,�S3FFOL,�- �NCO Southold Town Hall Gerard P Goehrmger, Chairman 1110 ' Gym 53095 Main Road James Dmizio, Jr A ti - ; P O Box 1179 Lydia A Tortora 0 1,7 $ Southold,New York 11971 Lora S Collins y �' ' ZBA Fax(516)765-9064 George Horning '_.t1 4, 4.00/ Telephone (516)765-1809 'moi....•.,,,, BOARD OF APPEALS TOWN OF SOUTHOLD February 22, 2000 Deborah Doty, Esq 670 West Creek Avenue PO Box 1181 Cutchogue, NY 11935-0876 Re Appl No 4791 - Levine Vanances Dear Ms Doty In reviewing your recent submission, it was noted by Board Members that the reasons for the requested location of the pool in a side yard were not provided in the application and that the Coastal Erosion Hazard Lane referred to is not shown on the map We have been asked by Board Members to convey a reminder for these items in preparation for the March 2"d heanng Thank you Very truly yours, Linda Kowalski • • TOPOG'APH I G IN..,--P OF LOT # 3 ' SURVEYED I I-2a-ae MAP OF "GR�4NDYIEW N AMENDED II-3o-a8AMENDED 0I-21-aa ESTATES AT ORIENT" TOPO 0-04-4IcI F I LED AS MAP # 1083 SUFFOLK COUNTY TAX # SITUATE: ORIENT W — E 1000 - 14 - 2 - 3-r TOWN OF SOUTHOLD SUFFOLK GOUNIY, NY S Island Lorigso up 1,83032142"E 47.31' s-7-301,, �11� �6 'bet line OF apparent hush water .841 X11°4'51p _ oe__ - I t�� 9� mer - - - - -- - _ � \ � -_ 11t�— - —Vig t2-91 h � ---- i b tO F i — — 12 — — — — — — — _ _ ~ � .l Int _ -- '� — — — 18 - — — — — — 1 -__ i -I — — — 2U — — — — — — — i , u° N 1 Ash / / / / / - ` — — — _/ 4 , (� qA ' / / / `Q./�)/ IV Z — — �* ry ti._ _-- ,- — — -0 in o Lot #3 z 0 as. ,It buil Iii �n�eIoye % \ .)1 'I,, / 1:9, I I — - i i Lot #2 - O/ 'r 3h � — _ 3h — / / / Lot #4 I .tif fiT ` — - , _ 3h — __ — _ _ � itt — — ___, 0 On ry mon �_ 4 %' mr� � `30 Grand01-26 l n1011 01N �6� �'$ 11 , �` cl-1C°I' ' Y 6 CS Lot #13 NOTES u,wtl�ine.lt.r.tlm v .ed tttm to a nrwY vac sS�� ..P o..rirw. Lada.. land.urv.Yar...a1 i.. U ` ant ,,,•••• violation e.ct San Tma out-division 2 N. �/( / ��[j �� �� IYV York Etat.Ed-motion L. ■ `� V_l ,�'� OF N��A,:- . W r°OpSilii•�far0r1G1�:1 original eve Yar•: MONUMENT FOUND �., I��A� �N U Fy< /`, atom. .hall cen.id.r.to Ca r.lid�li. o PIPE FOUND i Co a� 9eP�11 artlfl.rxW tla�n.ar dpi/nnceard•.nei ivytn that 1 �� "F ex- isting fade of Practi. for Land Survey.adapt. J'/'7 / ( / 1 �i by tn•Pl.�York Sta.Asx1K1m of Prof H.lm.1 c 1 J J J 7 i HED&E ; "' `r��1--1� lc \ •w t�o�wvP.•r.annYi orcw0:f tau°nveY�°i.lpr.pY°�Y f . r '=:1 ai,?: • to tn.:nipryr�n�l.dWn dt ]r�efnu�inec itut ion°d na tiric.d ELEVATIONS REFER TO NGVD 29 .li � - .z;;.... Q / liar.re net Lrasfer.Ela to additional in.titutias 0 - AREA= 62,638 SF ORI 44 ACRES ..0.kb 0 50 sVPi�� ', ND N Y S LIC NO 50202 JOHN C EHLERS LAND SURVEYOR GRAPHIC SCALE 1"= 40' 6 EAST MAIN STREET RIVERHEAD N Y 11901 .11== IIMMli 369-8288 Fax 369-8287 REFERENCE # 99-252 ELIZABETH A NEVII.I.E /1 3Town Hall, 53096 Main Road TOWN CLERK ;I at � ,12.14+A P O Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS • O� `O + ��,��, Fax(631) 765-6146 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER ;.V®d 4-440 toy Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER `zs' , op" OFFICE OF THE TOWN CLERK ,I L5 © Q vU o TOWN OF SOUTHOLD tk.8l4 .l; i TO Southold Town Zoning Board of Appeals FROM Elizabeth A Neville DATED February 9, 2000 RE Zoning Appeal No 4791 - Mark A & Helene H Levine Transmitted herewith is Zoning Board Of Appeals Application #11791 - Mark A. & Helene H. Levine Also included are Z B A Questionnaire, Applicant Transactional Disclosure Form, Notice of Disapproval, amended Notice of Disapproval, copy of Building Permit, copy of Survey„ copy of Tax Map, copy of Plans, Letter of Authorization and aerial photograph DEBORAH DOTY ATTORNEY AT LAW 670 WEsr CREEK AVENUE PO Box 1181 CUTCHOGUE,NY 11935-0876 FAx 516-734-7702 516-734-6648 February 9, 2000 BY HAND Southold Town Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 RE Application for Variance by Mark A & Helen H Levine 2510 Grand View Drive, Orient, NY (SCTM # 1000-14-2-3 7) Dear Members of the Board I represent Mark A & Helen H Levine who wish to construct a one-family dwelling and swimming pool on their vacant land m Orient Enclosed please find the following (a) Application for a Variance from section 100- E "2i-9-4)(b) consent form signed by my clients, (c) Notice of Disapproval from the Southold Building Department, (d) the Questionnaire, (e) Transactional Disclosure Form, (f) original and six copies of the topographical survey prepared by John C Ehlers, (g) six copies of the site plan prepared by Fairweather/Brown, (h) the tax map (enlarged), (1) a photocopy of a Southold Planning Board aerial photograph of the area, and (h) my check m the amount of the filing fee Respectfully submitted, Deborah Doty Ends cc Mark A & Helen H Levme Fairweather/Brown DD bdr MARK A. LEVINE & HELEN H. LEVINE 134 Park Place Brooklyn, NY 11217 TO WHOM IT MAY CONCERN This will serve as authorization to our attorney Deborah Doty to represent us before the Southold Board of Appeals Dated February , 2000 MARK A LEVINE . L' N H LEVINE QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject' premises and a description of their interests: (Separate sheet may be attached. ) Mark A, Levine & Helen H. Levine B. Is the subject premises listed on 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? { x} Yes { } NO - coly as is necessary in connection with proposed construction D. 1. Are there any areas which contain wetland grasses? no 2 . Are the wetland areas shown on the map submitted with this application? n/a 3 Is the property bulkheaded between the wetlands area and the upland building area? no 4. If your property contAins wetlands or pond areas , nave you contacted the Office of the Town 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? see 4n-vey (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? none If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? If 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 t-hic parcel? no If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel vacant land (residential ) and proposed use single family dwelling ( -E 4- 1-L11,. �-P. •�-� Authorized Signature and. Date 3/87 , 10/901k LI\I.L•Jlll.. The Town of Southold ' s Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Mark A. Levine & Helen H. Levine (Last name , first name , middle initial, unless you are applying in the name of someone else or other entity , such as a company . If so , indicate the other person ' s or company ' s name . ) NATURE OF APPLICATION: ( Check all that apply ) Tax grievance Variance x Change of zone Approval of plat Exemption from plat or official map Other ( If "Other , " name the activity . ) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the 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 owns 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 ) : 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 RELATIONSHIP Submitted this 1 of Febr1 Y9�yYY2000 S i g n a t u r e ,� r►�r�� .. f-(. L�;,_,` P r i n t name Mark A. Levine & Helen H. Levine 02/16/99 13 31 'x518 8?8 8931 C Al 1N(, Lej uuc New York State Department of Environmental Conservation Division of Environmental Permits Building 40-SUNY,Stony Brook,New York 11790-2366 Telephone(616)444-0365 Facsimile (516)444-0360 gala , John P_Canna \' Fi ' P0J9 Commissioner TOWNBloc T January 8, 1999 0�SOUTHOLD___ _ UTTER OF NONJURISAICTION-TIDAL WETLANDS Mr. & Mrs_ Mark Levine RE 1-4738-02099/00001 134-Park Place-- -- - - --- --- - - - Levine Proper _ - Brooklyn, NY 11217 2510 Grandview Dr, Orient SCTM#1000-14-2-3.7 Dear Mr. & Mrs_ Levine: Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that the property landward of the topographic crest of the bluff greater than 44 ft. in elevation as shown on the survey prepared by John C. Ehlers, Land Surveyor, dated 11/29/98 and last revised 11/30/98 and USGS Quad Map Orient is beyond the jurisdiction of Article 25 Tidal Wetlands. Therefore, In accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required under the Tidal Wetlands Act Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as Indicated above, without a permit it is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project(i.e. a 15'to 20'wide construction area) or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies_ Very truly yours, 'Jri.i ejarlA0 _ Pd it Administrator MMR/C! cc. C. Mesiano BMHP File � FOLt Town Hall Albert J Krupski,President 1��dh�p� • It* 53095 Main Road James Kmg,Vice-President & P 0 Box 1179 Henry Smith • w Z I Southold,New York 11971 Artie Telephone(616) 766-1892 Ken O r 1 !1 \4, aO �� Fax(616) 766-1823 D VII - w ��'�� FEB 18 tcq9 ' OF TOWN TRUSTEES SBL DEPT l pOWNOFF S011THOLD WNOF SOUTHOLD December 23, 1998 Catherine Mesiano 12 Mill Pond Lane East Moriches, NY 11940 RE- MARK & HELEN LEVINE SCTM #14-2-3 . 7 Dear Ms Mesiano, The Southold Town Board of Trustees reviewed the survey dated and received in our office on December 16 , 1998, and determined that your proposal to construct a single family dwelling to be out of the Trustee Wetland jurisdiction, under Chapter 97 , and the Coastal Erosion Hazard Area under Chapter 37 of the Town Code. However, any activity within 75 ' of the Wetland line, or any project seaward of the Coastal Erosion Hazard Line would require permits from this office. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call . Sincerely, 9- Albert J. Krupski, Jr. President, Board of Trustees AJK/d]h cc Bldg. Dept. TRANSMITTAL MEMO ti TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: c-3/42.2/DD , SUBJECT: File Update 2/a2/00 With reference to the above application, please find attached the following new information added to the official ZBA office file: _ . , • - Comments: Number of Pages Attached: CI TrMemo doc 10 ,e_.? v/A/z--- FOR BOARD AND STAFF USE Updated New Information Aileg; Aft/ ..re,e, 1-1-614-t. — P /1 lZ AID • � 1 C 4 COUNTY OF SUFFOLK V r 01 ., ROBERT J GAFFNEY SUFFOLK COUNTY S7CECUTIVZ SOIL AND WATER Thomas J McMahon CONSERVATION DISTRICT DISTRICT MANAGER FAX (631)727-3160 (631)727-2315 Gerard P Goehnnger, Chairman Southold Town Board of Appeals PO Box1179 53905 Main Road Southold, NY 11971 i i Cau February 23, 2000 8 •1 Dear Mr Goehnnger We have completed a srte inspection on February 23, 2000 at 25120 Grandview Dnve known as the Mark Levine Project • At the present time there are two access dnveways into the lot Not one as shown on the plan view The access dnve on the west side has a gully forming down the center and both are depositing silts onto the paved roadway The lot has been cleared of nearly all the underbrush up to the bluff top edge This leaves little to no cover protecting the soils during the winter months, which is the cause of the present erosion The entire lot is sloping away from the bluff top towards Grandview Dnve It may be beneficial to use erosion control methods to prevent siltation of the roadway The bluff top edge ranges from a natural angle of repose to a vertical to overhanging lip This is due to past erosion The bluff face at present is densely covered by vines, many small trees and some beachgrass The stairwell appears to be in good condition There are no hard structures at the toe or to either side The lot is situated at a point It appears that normal hide tide does not reach the toe, but storm tide apparently does, as evidenced by the trash lines The bluff face appears to be relatively stable When the trees become too large rt may be beneficial to cut them down at their bases leaving the root systems intact Any bare areas should be planted to "Cape Amencan Beachgrass' The landowner may contact us for a List of Suppliers and a Plant Matenals Specification Sheet RIVERHEAD COUNTY CENTER 300 CENTER DRIVE, ROOM N-210 RIVERHEAD, NY 11901 . �y 1 -2- There doesn't appear to be any problems with construction of the house and pool However, pool water discharge should not be allowed to be directed over the bluff face If you need any further assistance please feel free to contact us again Sincerely, Po..) d. ac-4'6'1 Paul TeNyenhuis, Senior Technician J,441B pot , BOARD OF APPEALS; TOWN OF SOUTHOLD IN THE MATTER OF TILE APPLICATION OF MARK & HELEN LEVINE Appl. No. 4791 Parcel ID # 1000-14-2-3.7 AFFIDAVIT OF POSTING STATE OF NEW YORK ) ) ss.. COUNTY OF SUFFOLK ) I, AMY MARTIN, residing at Greenport, NY, being duly sworn, depose and say That on the 22nd day of February, 2000, I personally placed the Town's official poster, with the date of hearing and nature of my application, m a secure position upon my property, located ten (10) feet or closer from the street or right-of-way - facing the street or facing each street or right-of-way abutting the property, near the entrance of the property as the area most visible to passerby, and that I hereby confirm that the Poster has remained m place at least seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be March 2, 2000 AMY MARTIN Sw rn to before me this 2 day of March, 2000 Notary Public d94‘7.— D®OM DOW No Noary Pubewao,seaw- a neer Yoalt s�roa omn salon Ales February=Z MARK ANS HELEN LEVINE VARIANCE 1000- 14-2- 3 . 7 at Grand View LOCATION F HOUSE ANII ?` OOL THURS , MAR. 2 , 2000 - 7 : 55 PM r ' OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (631)765-1809 Fax 765-9064 Februaryl0, 2000 Re Chapter 58– Public Notice Requirement — Dear A t(s) Please find enclosed a copy of the Legal Notice describing your recent application The Notice will be published in the next issue of the Suffolk Times Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing date must now be mailed with a map or property sketch showing the new location of the area being considered Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, as soon as possible, with a copy of the project 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 By Friday, please complete your Affidavit of Mailing with parcel numbers noted for each, (copy enclosed) and return it to us, with the receipts postmarked by the post office 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 heanng A sign is also necessary for posting at the property by you not later than Thursday, 224100, and therefore must be picked up by you or your representative before 2/25 on business days from 8 to 4 p m The sign must be located on the property no more than 10 feet from the 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, remaining until the day of the hearing - After the signs have been in place for seven (7) days, please submit your Affidavit of Posting (copy enclosed) to us for the permanent file When convenient for you, please also return the sign to us If you do not meet the deadlines stated in this letter, please contact us promptly It may be necessary to cancel your hearing if the required steps are not followed Thank you for your cooperation Very truly yours, ZBA Office Enclosures storage abed located m an area other ISLAND VINEYARDS, INC- ming pool is also proposed m a side than the rear yard Location of (Castello di Borghese,LLC,Owner) yard rather than a front or rear yard Property_2225 North Sea Drive, Applicant is requesting a Variance location Location of Property 2510 Sonthold, NY, County Tax Map under.Artide XXIII, Section 100- Grand View Drive„Onent, NY -Parcel 1000-54-4-23' - 231A based`upon the- Building County Parcel No 1000-14-2-37, 635 p m Appl No 4784—JEF- ` Inspector's December 6,1999 Notice also referred to as Lot 3 on the Map FREY KAYTIS This is a request for ",:. of Disapproval_for fence height : of"Grandview Estates at Orient" a Variance under Article LII,Section Applicant is requesting an"as-built" The/Board of Appeals will at the 100-33 based upon the Building fence above four feet in height as an above time and place hear all per- Inspector's December 21, 1999 - 'enclosure of an casting tennis court,, sons or.their representative desiring Notice,of Disapproval for the loca- -structure built =tinder Building to be heard or to submit written tionrof an accessory garage'in an =Permit-No 18977-Z Location of statements. The hearings will not area-other than the rear yard at 2600 Property 4780 Afvah's Lane, start earlier than designated Files Paradise Point Road,Southold,NY, u Cutchogue, NY, County Parcel No' aro available for review during regu- County Parcel No 1000-81-3-15 4 1000402-1-3 4 lar Town Hall business hours (8-4 _ 6 40 p m Appl No 4787—JOHN 7 10 p m Appl -Nod 4779 — p m) If you have questions,please McCOPPEN This is a request for a .. DAVID and ANN CORIERI do not hesitate to all (631) 765- - Variance under Article III, Section Continuation from last meeting 1809 100-33 based upon the Building _Proposed pool in side yard at 412 Dated February 10,2000 Department's October 21, 1999 Park Avenue,Mattituck,1000-123-7- GERARD P GOEHRINGER, Notice of,Diapproval to locate an , 9 2 ti-� w _ , - - - _ )CHAIRMAN accessory garage in an area other 715 p m Appl No 4785 — -SOUTHOLD TOWN than the rearyard at 870 Oak Drive, ANTHONY PIRRERA:This is a BOARD OF APPEALS Southold,NX,J.Conntq`Parcel 1000- request for a Lot Waiver ander ( 1202-1TF17 t 80-2;9 at Reydon Shores. Section 100-26 of the'Zoaing Code 650 p m Appl No-4786—DR., based on the Building Department's VALLO-BENJAMIN This is 9 - January 18,-2000-Notice of Da- for a-'Vanance under Article_ -(approval witch states that'pphcant Secti 100-32 based'uptn the ,T has applied,for a detcnination of ,BB'tal ling it -2,r`,--merger and is,dsapp� for the, of Mattituck, in said ;,2043b-Nobie ofD,aap l to locale reason that "the;subject panel hair-rn, says that he/she is 'a proposed dick-nacho°°w,th a side,"-merged with an adjoining parcel `IFFOLK TIMES a week i - ' NOTICE OF - --yard at less than 20 fed Location of SCIM #1000-15-3�16,ptirsuant_to ' ry 1 ,�- PUBLIC HEARINGS - Pr perty 29315'Main ltoad,Orient; Article -1f;:Section=--100-25A" llathtuck, in the Town of SOUTHOLD TOWN NY,County parcc o 1000-13-2-4 ' Location of Property'f 1525 Ik and State of New York, BOARD OF APPEALS t,,1-0)0 p.m —P,ERRY and ELI- -Soundview Road, Orient, 'NY `THURSDAY,MARCH 2,2000 ` 'NA ANG� iM ELSON Location'bf „County Tax Map Parcel No'1000-i5' h the annexed is a printed NOTICE IS HEREBY GIVEN,- Property 350 Stratmors Road,East 3-17 Also referred to as tot 18,and Iblished in said Newspaper pursuant to Section 267 of the Town Marion, NY County Parcel No partof Lofile flilo 1;shown on the Map t Law and Chapter 100 (Zoning), 1000-21-1-12 Applicants are of Orient By The Sea,Section 2, d ` Weeks 3UCCAS- Code of the Town of Southold, the ' requesting November 21,1957 F he t l 4'1/\ day following public hearings will be `(1)Apps No 4789—Lot Waiver 7 55 p m Appl No 4791 — 10 0 held before `the.. SOUTHOLD under Section 100-26, based upon MARK and HELEN LEVINE This TOWS BOARD OF APPEALS at ,'the Building Department's January is a request for Variances under the Town,Hall, 53095 Main Road, 21, 2000 Notice of Disapproval Article XXIII,Section 100-239 4 and �� , Southold,New York-11971-0959,on which states that"the subject parcel Arta,le III, Section 100-33, based THURSDAY, MARCH 7,2000 at s qn Let,at icr, ter Section 100-12 upon the Building-Department's Prinelpal Clerk the times, noted,below (or soon 'and that the,sn�rject parcel istwas -November 26,.. 1999 Notice of_ 1 )thereafter) At held-in common ownership ivith Disapproval and February 9, 2000, /7Tk -630 -p m, Appl No- 4780 — JAdlominglot SCTM#1000-21-1-10 at Amcnded-Notice of Disapproval -LAWRENCE and JOSEPHINE ;tome time after July 3 1997 Lots Applicants are proposing anew JOB �%, ;%Ois AFINEW YORK PEARLSTEIN T]„s is a request for shave merged" dwelling and.a cessory swimming U5LIC,STAT a Vanance under Article HI,Section (2) Appl No No 4790 — Variance pool doth proposed-with`a setback 1 100-133 bated-, the Building nndert`Section 100-244B to locate a, closer than 4X0 feet from the top of O 01BR4�3261 COUNT Inspector's November 23, 1099 v oposed^dweiling with combined the L I sabluff,and the swim id bl _ FLED FFOLK Notice of Disapproval regarding an side yards at less than 35 feet ""r ` EXPIR MAY 31 _—_--7.11 application for an as-built accessory ssory 7.10pm Appl No 4788—LONG ( ,,/ COMMISSION A BOARD OF APPEALS; TOWN OF SOUTHOLD IN THE MATTER OF THE APPLICATION OF MARK & HELEN LEVINE Appl. No. 4791 Parcel ID # 1000-14-2-3.7 AFFIDAVIT OF MAILING STATE OF NEW YORK ) ) ss.. COUNTY OF SUFFOLK ) I, DEBORAH DOTY, residing at Cutchogue, New York, being duly sworn, depose and say That on the 17th day of February, 2000, I personally mailed at the Umted States Post Office m Cutchogue, New York, by CERTIFIED MAIL RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice m prepaid envelopes addressed to current owners shown on the current assessment rolls verified from the official records on file with the Assessors of the Town of Southold, 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 DEBO'.•A DOTY Sworn to befo - - this 28th day of 'ebruary, 2000 , / I , `o 04 Public ROBERT I S. ,JR. Notary Public,State of New York Qualified in Suffolk County No 01SC4725089 Zbrm Expires May 31, 1 .i i=t Z 372 132 442 ¢ . 1 US Postal ServiceSENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Receipt for Certified Mail No Insurancc Coverage Provided • Complete items 1,2,and 3 Also complete A Received by(Please Print Clearly) B Datte°f livery Do not use for International Mad See reverse item 4 rf Restricted Delivery is desired PP/ j(lr*"4"". iAr. a tt l Sent to ■ Pnnt your name and address on the reverse C ,nature . i so that we can return the card to you / , ( rhyn6er " —. �' ' ■ Attach this card to the back of the mailpiece, A. ❑ ressee O or on the front rf space permits P.. Office. ,.:..i-1. P Code D Is delivery address.• . :. p. rtem 19 Yes 1 Article Addressed to If YES enter delrvery address below ❑ No .4_ itix,\ iti„,Q101,1— Oox &O9 Postage =MI ei0 Dox 75/ 6ri2nf N Y /1 �5 7 Z 372 132 4�9 _ r I Y I9S L US Postal Service SENDER: COMPLETE THIS SECTION Receipt for Certified Mail COMPLETE TH/S'SECT/•V . , No Insurance Coverage Provided + • Complete items 1,2,and 3 Also complete Do not use for International Mail(See reverse) I item 4 rf Restricted Delivery is desiredA Received by Cpl Print Clearly) B Date of Delivery Sertt J ■ Pnnt your name and address on the reverse so that we can return the card to you C Sig i.4'7* easq`;�' '~ . --1... ■ Attach this card to the back of the mallpiece, Street&Number E"SI S...me-vx or on the front rf space permits � nidiM ❑ 't X t�Office State ✓4ZIP Code 1 Article Addressed to D Is del,'' =, ►• ,..PpR,e1r t To f 1 G 3 address different from item 19 Yes If YES enter delivery address below a No ` $ ,3/ °mo14CIAO id-- Qe.t...0-e ..1r- 07 1......, I V-S5 ..r Z 372 132 440 vtL N y N 1 SGj Jr-US Postal Service 3 Service Type Receipt for Certified Mail Certified Mail ❑ Express Mail 'No Insurance Coverage Provided 0 -.!ist:•I:• ■ .... m n �. Do not use for International Mail(See reverse) Sent to trf. -/4- d d� rt.. ��Tr' ` SENDER: COh9PLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Street • Complete items 1,2,and 3 Also completeA Received by(Please Print Clearly) B Date of i' eryP TG e,"b '`Te.- item 4 if Restricted Delivery is desired 0 Post Office State E CC �{S • Print your name and address on the reverse r 13 01c1.- ilutbel i so that we can return the cardo you C Signature - t 20 Postage $ 33 • Attach this card to the back of the mailpiece, X ,6), 1:1❑ •r or on the front if space permits Certified Fee 14 3 D Is address different from item 19 0 Yes 1 Article Addressed to + If YES enterbelow address ElNo Z 372 132 441 r -4 -300'`M R��"r \--- *47 US Postal Service 1 Receipt for Certified Mail �t G �re �°d 3 Service lype No Insurance Coverage Provided D I 1 ! e„)k_ c r D Ge47j gl Certified Mail 0 Express Mail Do not use for International Mail See reverse `C �"" 0 Registered 0 Return Receipt for Merchandise i Sent to - ❑ Insured Mail ❑C O D 1 N.:: ti Number 4 Restncted Delivery?(Extra Fee) ❑Yes 12 Article Number(Copy from service label) •' , &ZJPCode __ _ _ I . IL h ' 16.. Z 372. 132. Li 40 I Postage PS Form 3811 July 1999 Domestic Return Receipt 102595 99 M 1789 1 Cep Fee WHIM Speael Delivery Fee Restricted Delivery Fee FReturn Receipt Shoving to EMI whom&••:,..: ,.: , 2 • .:err, o<1..:•.1 , CO € 200 - o_ LISPS 4 , EXHIIBIT A 1000-14-2-3 8 Robert V & Nancy Hungerford P O Box 756 Orient, NY 11957 1000-14-2-3 6 Ronald E & Winifred F Spillane 45 Roxen Road Rockville Centre, NY 11500 1000-14-2-3 17 Frank A & Joan M Reichart Revocable Trusts 96 Fenwood Drive Old Saybrook, CT 06475 1000-14-2-3 41 Harold Reese, Jr & others 855 Sunrise Highway Lynbrook, NY 11563 r rave , 4.. .617p.. 41-PAA) OW' A tit.IL • • 1,110 't,;• 4, . , • , viol: ICC . , • 41p, .. . it. , RRv-CSIOH'''...) , 7' • •Altip A ;� J ;. asui f 'L \N"1. ... LAND i�o • ,61-°' �,.° . •3 4011 Mil s� `�fg e I ...O. i r,p�.rviii:„4 " 431) 1s r il.Ailliolia . . tal O' 0 1YUf1D y� "Ni wlcty 4 tQ to ,ell"n0:011."019 .n to tq tm nK¢LIC.:..0 ..."="\ 'wl' - n oe9 eu t pt aor n101 p Ot0WTCM Ult WTd LII1 \ WTd� L� YTd , _/4 , Z Z- Z 6.tA+0 �� ` to ttn o p. Z ttl tp b pttQ ; ir.%Z."••:'.:•:••.dr" I .. -. _ `- - -,.- ® © COUNTY OF SUFFOLK M �75� - •° - - -- ® __ _ - .. .,,y Rwl Inro `r Tea Service r 'Q-.- 4' •= '.<'= "1 ' s •exp., • �.4,: r 41 = • • APPEALS BOARD MEMBERS _..r: T+ SCOTT L HARRIS .i+ t-" .r-` f� Supervisor Gerard P Goehrmger, Chairman f • - • • Charles Gngonis, Jr .�� �Q�i• Q ��i Town Hall, 53095 Main Road Serge Doyen, Jr #" P 0 Box 1179 Joseph H Sawicki Southold, New York 11971 James Dmizio, Jr BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 a () TOWN OF SOUTHOLD Telephone (516) 765-1800 /" IS �101 ACTION OF THE BOARD OF APPEALS Appl. No. 3932 Matter of MATHIAS & MAUREEN MONE. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 A, for permission to construct a swimming pool. Proposed construction will be within 100 ft. of Long Island Sound cliff. Property Location: 2830 Grandview Drive, Orient, County Tax Map No. 1000, Section 014, Block 02, Lot 3 .5. WHEREAS, a public hearing was held and concluded on May 15, 1990 in the matter of the Application of MATHIAS AND MAUREEN MONE, under Appeal No. 3932; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the west side of Grand View Drive, Hamlet of Orient, and is identified on the Suffolk County Tax Maps as District 1000, Section 014, Block 02, Lot 3 .5. 2. This is an application for Variances from the Zoning Code Article XXIII, Section 100-239 .4 A, for permission to construct a swimming pool, proposed construction will be within 100 ft. of Long Island Sound Cliff . Page 2 - Appl. No. 3932 Matter of MATHIAS & MAUREEN MONE Decision rendered May 30, 1990 3 . Article XXIII, Section 100-239. 4 A, (1) All buildings located on lots adjacent to Long Island Sound and upon which there exists a bluff or bank landward of the shore or beach shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 4. The subject premises is improved with a two story framed house and contains an area of 53,476+- sq. ft. in this R-40 Zone District, and the proposed 50 X 12 pool will be 58+- ft. from the top of the bank. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed pool in any other location on the premises will require other variance relief; (c) that the area chosen for the pool is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded bl' Mr. Sawicki, it was RESOLVED, to GRANT a Variance in the matter of the application of MATHIAS AND MAUREEN MONE as applied under Appeal No. 3932, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 50 X 12 lap pool be located as shown on the map Dated March 12, 1990 by Roderick Van Tuyl P.C. 2. That the 50 X 12 lap pool not be any closer than 58+- ft. to the top of the bank and not be enclosed. Page 3 - Agenda Matter of MATHIAS & MAUREEN MONE Decision rendered May 30, 1990 Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Sawicki and Dinizio (Absent Charles Grigonis) . This resolution was duly adopted. * df GERARD P. G NGER, CHAIRMAN } 4, ll .1 r y (.({� �y y� e. l .),,4,,,,,,--•);`4 7,! �j'11 3 `.„.",'• •/ t'. + �. ,, ,1ytb,, -)';I-",f It r>k'rrTlA,i u„ _, !,, �_-_� �_ _ ___ ___ - _ — _-___ r ti f ' ,4',....,1L� l a I i3•, '1tri •.. r ' r, lF c+x+ '• ar' r„ ),0 'SII4' -', ,5�, -. , ,� �a r' S,ti 4.{ :%�r' d . A,''��4 r . t• + 1 C� r r m �r, + ;;� Wi - x,rr tI 1 r.„. 7' .*••r -�F '! •' .� f'f�a SFS' z �i > s .,.,.�f ; °1 , -[� r{ t L! (' ' 'r.':.'ch :' jr'-' `r(?ylt)'rp ' \ . a 4 0 , -k” :iri '� .' 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'' 1 1i'ti ' -';',42..e cti�+x 1-,.'„r'-k k,- 23 a'�+ ) V- ,(ma, -- b 0 .I.-,AAr4 •.,` ihl''�y1 IRl t i ,? a 9' 4Y1 R� ',- ' ? ti t ,')I ( . w' 11 .,,0' c0eco ,, ZOr • Southold Town Board of Appeals Nr Oti •A1a0 �0 MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.I . N.Y. 11971 ,/III TELEPHONE (516) 765 1809 ACTION OF THE ZONING BOARD 'Or APPEALS- • n , Appeal No. 3427 Application Dated November 4 , 1985 ( Public Hearing 11 /14/85 ) TO: Mr . Glenn F. Heidtmann as Agent/Builder [Appellant (s) ] for MR. ROBERT HUNGERFORD P .O . Box 932 , Cox Lane Cutchogue , NY 11935 At a Meeting of the Zoning Board of Appeals held on November 26 , 1985 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X ] Request for Variance to the Zoning Ordinance Article III , Section 100-32 [ ] Request for Application of ROBERT HUNGERFORD - Appeal No . 3427 - Variance to the Zoning Ordinance , Article III , Section 100-32 for permission to locate accessory garage structure in an area other than the required rear yard at 2460 Grandview Drive , Grandview Estates , Subdivision Lot #4 , Orient , NY , County Tax Map District 1000 , Section 14 , Block 2 , Lot 3.8 . WHEREAS , a public hearing was held on November 14 , 1985 in the Matter of the Application of ROBERT HUNGERFORD under Appeal No . 3427 , and WHEREAS , the board members have personally viewed and are familiar with the premises in question and the surrounding area , and WHEREAS, the board has considered all testimony and documentation submitted concerning this application , and it is noted for the record that no public opposition was received; and WHEREAS , the board made the following findings of fact . 1 . The property in question is located along the east side of Grand View Drive at Orient , New York , contains an area of approximately 1 .8 acres with 50 ' frontage along Grand View Drive gradually widening to 388. 65 along the Long Island Sound , and is known and identified as Lot #4 , "Map of Grandview Estates" , County Tax Map District 1000 , Section 14 , Block 2 , Lot 3 . 8 2 . By this application , appellant requests a Variance to Article III , Section 100-32 of the Zoning Code for permission to locate a 24 ' by 24 ' accessory, storage/garage structure in the frontyard area not closer than 125 ' from Grand View Drive , and approximately 80 feet from the most northerly side property line along the existing driveway area as sketched on the June 14 , 1982 survey submitted with this application . 3. Existing upon the premises are a single-family dwelling ( CONTINUED ON PAGE TWO ) DATED: December 6 , 1985 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) _ • • • 1,1:41 '5, � ,•' - 7 • .! _ _ �— -tom M /- _ _ • ed 20' - by 15 ' garage set back a distance of more than 125 feet from Grand View Drive. " _ 4. For the record , it is noted that construction in the rear yard of the subject premises will require a variance under Article XI , Section 100- 119 . 2 for setbacks at less than 100 feet from the bluff area along the Long Island Sound . 5 . It is the opinion of the board that the circumstances of this application are unique and that appellant ' s request is not unreasonable . In considering this appeal , the board agrees with the reasoning of appellant since . (a ) the relief requested is not substantial , (b ) there will be no substantial change in the character of this district , (c ) the relief as conditionally granted will not cause a substantial effect or detriment to adjoining properties , (d ) the circumstances of this appeal are unique and there is no other method feasible for appellants to pursue other than a variance , (e ) in view of the manner in which the difficulty arose , justice will be served by allowing the variance , as indicated below. Accordingly , on motion by Mr. Goehringer , seconded by Messrs . Sawicki and Grigonis , it was RESOLVED , that the relief requested under Appeal No . 3427 in the Matter of the Application for ROBERT HUNGERFORD for per- mission to locate a 24 ' by 24 ' accessory garage/storage structure in the frontyard area as shown on sketched survey dated June 14 , 1982 , BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS . 1 . No sleeping or habitable use shall be permitted of the accessory building in question (for garage and storage use only) , 2 . The accessory building be located not closer than 100 ' from Grand View Avenue , and approximately 70 feet from the north- erly side property line , as applied . Vote of the Board . Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent due to weather conditions ) This resolution was adopted by unanimous vote of the four members present. lk GRE ARD P . GOEHR NGER , N December 6 , 1985 P.ECE7i _) 9L:..ED BY THE ACL i-==_ �'C;t 1 CLE= /02-- q-mss' _ DATE Y� �1� 9 r Sa Tc1,71 0NC. �1. 1',,; • y1CLtC 41 46e-i.4r-c/ , ' i ' P2CPEf2TY 2c�,, s �,. d.S rC�c� M ,J ) `s- `r -,, 1 vEv E F. _ ..` J ' o, / `re NANCy 1 0 M F � - .} _ � , � si 11 ' ' A id s-l-.: r-. .."-C f+G EQr / V_ �f►y I".1 t --_v�TIG .IC ..Ui"7f►�'741-1 / �Q. 7 ^� _�. �_ .�,..- 3 t, �,�al ENT _ ��,,_ 4 i:�,/k) G� S UT'-4O�D} J i 0/ A�\e'ill\I t-`1 L L, r ` c - i .r+ �. ti, i , � ,� \t .... `\\` I I "�/0 5 1 to n `g C'- - ( O - t • yam �/ _ Yum f �� 0` 1PTr i �7lt. 1 • y L.IZ � , • Z _ . o , TT .= .0 c ;D' � E2 / `Q'r� / C'f-'f-F... 1-/;4 DATA- ICCC-GI! 3 en ! �") / f — --- 1 , ` R u! _� f, r.1 ' ' - r?- / V3 -- ti 'C L- r / ! L. D � I . D 1 .) t V3 I,. • 7 - I \ n• �p a -L— - C.Jl�2ANrEED TOTI--i` TIT?E `_:hr2.;NTEE CO. i 4 `-1 r fUC' EYED JL�t.1E F. ,ic Z { , .'DE12 CV \[t ; 1 PC. r �� lam/ -� - - I } r•r• `Y} �� {, �i•-e..--; moi~'.-c-C Lc--. 1-.4..ta 1�1' .^ .-_ r _ I TOWN OF SOUTHOLD, NEW PORN APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO (Q 14 7 DATE July 13, 1976 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N Y 1 (We)Gianfranco Monacelli & wf. of Petty's Drive Name of Appellant Street and Number Orient New York HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUIL N INSPECTOR ON APPLICATION FOR PERMIT NO DATED 5a/ WHEREBY THE BUILDING INSPECTOR DENIED TO Pinewood Landscaping Ltd Name of Applicant for permit of Eastwood Drive Cutchogue New York Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X ) Permit for Accesory Pool in front yard. 1 LOCATION OF THE PROPERTY Petty's Drive "A" Street Use District on Zoning Map 5859 2 Map No Lot No 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and ,Para raph of the Zoning Ordinance by number Do not quote the Ordinance ) cl 3 TYPE OF APPEAL Appeal is made herewith for (X ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap 62 Cons Laws Art 16 Sec 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal )(has not) been made with respect to this decision of the Building Inspector or with respect to this property Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance ( ) is requested for the reason that lot faces Long Island Sound and has a bluff between the house and beach; beat location is front 'yard close to house. Form zsi (Continue on other side) REASON FOR APPEAL ' Continued c 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary F-(ARDSHIP because of severe buffeting of winds inherent along the Sound bluff. 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate . vicinity of this property and in this use district because of the close proximity to the Sound bluff. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the pool would not be directly visable from the roadway. STATE OF NEW YORK ) ss COUNTY OF SUFFOLK ) Hank enecke i natunr $.gefor -owner Sworn to this f day of < l/ 19 7,‘ aux) 39e)41.4....24 Notary Public ECIZA$ETH ANN NEVILLE NOTARY PUBLIC State of New York No 52 8125850 Suffolk 30 1 Term Expires March 30 19 5 -14 f .0 0 • r ti I - Y JE1' F, 1- E' ' J; ilEAL114./rJ . . . r n I I r . - �— 'f" 5 –�pijG 7 f w< -� 1 _ l - s , _> fi SIV-5( I , P 71 - ev L - • - �`9 ��1_i _ pail, -' tB ili ' �� �� , ,'' '_-- fac z s c x `0 - I r �nSpe • Pis' 1; „7 • �• [ �, r K ti - e .4 1 I r vl - I " - - cr ' _ V? G j-•-=1 ''r,/- =i I _ - u 1 I N. L l I f e 7. r1 i . rl \ D � T6J- -, CF f r ha Q‘ i C` i7, a- zs V - I - f I ' Y' -, 1 f I 0 y • - - rA .s .1 ��.�� \ f l TDO O �1— J , - Q - ` � , dwell ; c‘ - _ T 1?j '� UNAUTFFORIZED 1 j �� 4/ TO THIS SURVEY �ibt-� 0 •+ LECTION c YG'r Q \ EDUCATION LAM COPIES OF THIS CF7 , �'� THE LA D SU V J EWEOSS'D SEAL �/� C v/I rL 5CJ r_ I r - - TO LE A VALID lL ✓l GUARANTEES IN' a ONLY 10 7H..' 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AY& OP/ - ,8,4c) 4/.5 TOWN OF SOUTHOLD, NEW YOI ,' DATE Sept. 2 , 19i ACTION OF THE ZONING BOARD OF APPEALS Appeal No 2167 Dated July 13 , 1976 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Pinewood Landscaping Appellant a/c Gianfranco Monacelli Petty' s Drive, Orient, NY at a meeting of the Zoning Board of Appeals on - September 2 , 1976 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( X Request for a variance to the Zoning Ordinance ( ) 1 SPECIAL EXCEPTION By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article Section Subsection paragraph of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7 :50 P.M. (E.D.S .T. ) resumed hearing upon application of Pinewood Landscaping a/c Gianfranco Monacelli, Petty' s Drive, Orient, New York for a- variance in accordance with the Zoning Or- dinance, Article III , Section 100-32 for permission to construct accessory structure in front yard area. Location of property: north side Petty' s Drive, Orient, New York; Map of Petty' s Bight, Lot #2 , Orient, New York. 2 VARIANCE By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed SEE REVERSE ZONING BOARD OF APPEALS FORM ZB4 After investigation and inspection the Board finds that the applicant requests permission to erect accessory structure in front yard area, Petty ' s Drive, Orient, New York. The findings of the Board are that the retaining wall has been improved as per sketch done by Professional Engineer. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Gianfranco Monacelli, Petty' s Drive, Orient, New York be GRANTED permission to erect acces- sory structure in front yard area, north side Petty' s Drive, Orient, New York, subject to the revised engineering sketch fur- nished to the Building Inspector by Lawrence Tuthill, Profes- sional Engineer, dated August 18 , 1976 , with the suggestion that the retaining wall be tied with, at least, a half-inch steel rod. Vote of the Board: Ayes: - Messrs : Gillispie, Bergen, Hulse, Grigonis. After investigation and inspection the Board finds that the applicant requests permission to erect accessory structure in front yard area, Petty' s Drive, Orient, New York. The findings of the Board are that the retaining wall has been improved as per sketch done by Professional Engineer. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Gianfranco Monacelli, Petty's Drive, Orient, New York be GRANTED permission to erect acces- sory structure in front yard area, north side Petty's Drive, Orients New York, subject to the revised engineering sketch fur- nished to the Building Inspector by Lawrence Tuthill, Profes- sional Engineer, dated August 18 , 1976 , with the suggestion that the retaining wall be tied with, at least, a half-inch steel rod. Vote of the Board: Ayes: - Messrs : Gillispie, Bergen, Hulse, Grigonis. 3 Nature of work (check which ori ' ble) New Building Ac. . Alteration Repair Removal Demolition Other Workka00ii0Z7 pool (Description) 4 Estimated Cost 5200.00 Fee ./`4r (to be paid on filing this application) 5 If dwelling, number of dwelling units Numbcr of dwelling units on each floor , If garage, number of cars 6 If business, commercial or mixed occupancy, specify nature and extent of each type of use 7 Dimensions of existing structures, if any Front 77' Rear 77' Depth 32 9 Height 22' Number of Stories 2 Dimensions of same structure with alterations or additions Front no ahan4e Rear Depth Height Number of Stories 8 Dimensions of entire new construction Front 38 , Rear 38 Depth 16 Height None . Number of Stories WA 9 Size of lot Front 137' Rear 125' Dept' , "11 10 Date of Purchase . Aug` 1975 Name of Former Owner 1:rvinf Newman & 91O. 11 Zone or use district in which premises are situated rsM 12 Does proposed construction violate any zoning law, ordinance or regulation fee 13 Will lot be regraded ,Yee Will excess fill be removed from premises ( ) Yes (X) No 14 Name of Owner of premiseft1 8'na0 Monacelli & New York, N.X. Phone No ., Name of Architect Address , . Phone No Name of Contractor Address Lend>$aapfng Ltd Address Cutahogue, NY Phone No7 6049'] PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from )roperty lines Give street and block numb. or description according to deed, and show street names and indicate vhether interior or corner lot ,S w„ia Lo*" I L sf Z L eT 3 3° ,� /7itL___r--"1 M6•se rao� (I c,I /o3°. ��� ,41 TATE OFY StN 4��k f S S auk Rienack.r being duly sworn, deposes and says that he is the applicant (Name of individual signing contract') bove named le is the Landscape contractor & went (Contractor, agent, corporate officer, etc ) - f said owner or owners, and is duly authorized to perform or have performed e said work and to make and file -tis application, that all statements contained in this application are tru- . . best of his knowledge and belief, and -+at the work will be performed in the manner set forth in the applicatiorZfiled er - wo t before me this day of -Z-Cil , 197 4i Count,, A,lotary Public, .. (Signature of applicant) ....48-....c.. eievaiah.A.,...., 71.6,14,4_,Neh ELIZABETH ANN NEVILLE NOTARY PUBLIC Slate of Now York No 52 8125850 Suffolk Cori Term Emma Mglch 30 11-75; FORM NO 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined . , 19 Application No Approved , 19 . . Permit No . Disapproved a/c . � " —(,16, G--"��.�� c • (Building Inspector) APPLICATION FOR BUILDING PERMIT Date sittly 10 . , 1976 INSTRUCTIONS a This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale Fee according to schedule b Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application c The work covered by this application may not be commenced before issuance of Building Permit d Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant Such permit shall be kept on the premises available for inspection throughout the work e No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary inspections Pinewood itandeouting. ltdA (Signature of applicant, or name, if a corporation) Cutohogue, New York 1193,E (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Landscape Contractor Name of s - . 'remises CLiantran.0.2 MOX LOOT ►i and Wire If apple«' t is a co ,orate, signature of duly authorized officer ; 7-i: Hank Rienecker (Name and title of corporate officer) Builder's License No al""'1 Plumber's License No Electrician's License No Other Trade's License No 1 Location of land on which proposed work will be done Map No 5859 Lot No Street and Number Petty's Drive . • . QrPgrtt . Municipality 2 State existing use and occupancy of premises and intended use and occupancy of proposed construction a Exisiting usq and occupancy 0141,Ele faintlY dW4ali##@ b Intended use, and occupancy Single family dwelling . ,,, 410 ,. .., r' P - a r a �°, /l SUFFOLK CO HEALTH DEPT A!•PRE / 'V H S NO re, I j cottage f l i , ---r-_ O --0--'w estil ll N 63'0•9'30"E QI Z79.56 I r J pre�d well p / U •, Ch. STATEMENT Of INTENT ' @ _ _ \ tI th ^`� THE WATER SUPPLY qND SEWAGE DISI G ...az, 1 'I1 i SYSTEMS FOR THIS RESIDENCE .44 PI b t CONFORM TO THE STANDARDS Of '� V. 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L .,�i r< n Q '► .,w ".. , ... . :'.7..latsti f t• ' 4 j ..;:•-•,`t .�7}+ :., i � • '�'• • :1 tit h.-, ''7,; -•. x'•100 A'cil , � �.A, '•Jb''� �'. ,"'.#!'� .+ - "Y�, ySFa�526 I T^�'��— ..a�> �' :ai•f `v?-+i•��1.•ri "; tF rt• •r�•yr .i .....�,r' �' '. , ,- ANQ . ,. { J f:4 1 :� �. =ra ,-•r.l r } r r y'w 7 i r'� APPEALS BOARD MEMBERS , `' v �dp- SCOTT L HARRIS ;t. Supervisor Gerard P Goehringer, Chairman Serge Doyen,Jr ‘" Town Hall, 63096 Main Road James anima,Jr � '� �I!0 t+ :: 1����� PO Box 1179 ��• � � Robert A Villa ,,�' Southold, New York 11971 Richard C Wilton •••'' Fax (616)765-1823 Telephone (616)765-1809 Telephone (616)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4204. Upon Application of JOHN CROKOS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4A(1) for permission to locate pool and related structures within 100 feet of the top of the bluff along the Long Island Sound. Location of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11. WHEREAS, a public hearing was held on December 8, 1993 at which time 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; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. AREA VARIANCE. This is an application received November 17, 1993 for a further (additional) Variance under Article XXIII, Section 100-239.4, subsection A(1) , for approval of new construction within 100 feet of the bluff, or bank, along the Long Island Sound. The Building Inspector' s Notice of Disapproval upon which this new Appeal is based is dated Novem- ber 17, 1993. 2. CODE REQUIREMENT. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 3. PROPERTY DATA. The premises in question is situated north of Grand View Drive in Orient and is shown as Lot #7 on the Major Subdivision Map of Grand View Estates. This parcel contains a total lot area of 42,134 sq. ft. Prior to July 1993, the premises was vacant. Areas seaward of the Coastal Zone boundary line (near the top of the bank) are unbuildable, which Mage 2 - Appl. NC 1204 Matter of JOHN CROKOS Decision Rendered December 8, 1993 lends to the limitations for placement of all types of construction. 4. EXISTING CONSTRUCTION. On June 23, 1993, a building permit for the construction of a substantially-sized dwelling was issued (No. 21494) , for a garage, decks and raised platforms extending from elevated landscaping retaining walls. A second survey showing the foundation, as constructed, is dated October 8, 1993 and shows the concrete foundation of the dwelling angled to take full advantage of the waterviews of the Long Island Sound. The front yard setback at its closest point is shown to be 50 feet from the northwesterly corner of the foundation, and the further front yard setback from the westerly side of the foundation is shown to be 82 feet, more or less (slightly) , from Grand View Drive. The setbacks measured from the northeasterly end of the dwelling foundation is shown to be 95 to 100 feet, more or less from the top of the Sound Bank at its closest point. The distance between the coastal erosion hazard line at the nearest point is approximately 75 feet. Chapter 37 of the Southold Town Code prohibits construction and any types of soil disturbance along, or seaward of, the "coastal zone hazard line." 5. PROPOSAL. Proposed in this application are requests to locate the northwesterly corner of a proposed dwelling with patio and deck areas above natural grade, inground swimmingpool, and landscape areas with retaining walls, all within 100 feet of the top of the bluff (bank) along the Long Island Sound {see site plan map dated November 10, 1993 - Map S-2 prepared by Keller-Sandgren Associates}. Requested is a further variance at 62 feet from the top of the bluff or bank. The fence enclosed is not provided and will need to be clarified and further confirmed in writing prior to issuance of a building permit for these structures if within 100 feet of the bluff or bank. 6. PRIOR VARIANCE. The record shows that in November 1992, an application was made to this Board for a variance for placement of one corner of the dwelling which was located within 100 feet of the bluff, and also for a proposed pool, fence enclosure and deck areas. The Board rendered approval for "alternative relief, with conditions" on February 23, 1993 under Appeal No. 4140. That determination restricted the setbacks for a proposed pool, fence enclosure and decks above ground level, at not closer than 75 feet to the top of the bluff or bank. 7. SITE INSPECTION(S) . (a) An inspection of the site reveals that most of the - bluff face is stabilized by ghrubs. From the street, the lot' s elevation rises several feet- and flattens out over most of the land, 25 to 26 feet above mea sea level. There is presently a slight berm across the bluff top edge; the existing grade is gage 3 - Appi. NC 1204 Matter of JOHN CROKOS Decision Rendered December 8, 1993 away from the bluff face. The bluff areas must be protected, and regrading and new landscaped areas must be done to keep surface water runoff directed away from the bluff face. A continued low berm at the top edge would help to ensure no over-bank runoff. Also, measures will need to be taken to either truck the pool water off site, or properly install drywell drains. (b) Research of town records shows that there are other lots in the area with nonconforming setbacks in the immediate vicinity; i.e. Lot 5 (Monacelli) for construction at 80+- feet from the top of the bank; Lot 3.8 (Hungerford) at 80 - 85+- feet; Lot 24 (Cipitelli Bros. Realty) 70+- feet; Lot 3.9 (formerly Betancourt) at 50+- feet. 8. EYFECTS OF RELIEF REQUESTED. It is the position of the Board that: (a) the size of the dwelling lends to the difficulties in locating other buildings or structures on this parcel; (b) the setback at 62 feet is quite substantial in relation to the requirements, that is, 38 percent of the requirement; (c) the grant of the entire relief will alter the essential character of the neighborhood; (d) it is personal knowledge, and through town records, that this bluff area is subject to erosion, and in the past the bluff areas in this vicinity have been damaged - leading to the enactment of the Coastal Zone Management Law (Ch. 37) of the Town, as mandated by the State and Federal Government for properties fronting along the Long Island Sound. (e) the difficulties claimed are self-created since the size of the dwelling is substantial and is located on an angle towards the water; (f) there is an alternative for appellant to pursue, to construct a smaller sized pool and reduced deck areas; (h) in view of all the above, the interests of justice will be served by denying the relief, as requested, and granting alternative relief, as noted below. . 9. ALTERNATIVE. Alternatively, the Board finds that a setback restriction at not closer than 70 feet to the top of the bluff (bank) for all structures, retaining walls, and buildings, is feasible and is reasonably available for applicant to pursue. Page 4 - Appl. No. _204 Matter of JOHN CROKOS Decision Rendered December 8, 1993 10. EFFECTS OF ALTERNATIVE. It is the position of the Board that in considering this alternative: a) the benefit to the applicant, as weighed against the detriment to the health, safety, welfare of the community, is greater, and is not unreasonable in light of limited upland area available for residential use; b) the benefit sought by the applicant cannot be achieved by a method, feasible for his to pursue, other than an area variance; c) the alternative relief is not substantial in relation to the requirements; d) the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; e) the difficulties created are related to the uniqueness of the land and are not personal to the landowner; f) the relief as alternatively granted will not be adverse to the preservation and protection of the character of the neighborhood and the health, safety, and welfare of the community. Accordingly, on motion by Member Dinizio, seconded by Member Villa, it was RESOLVED, to DENY the relief requested in the application, and be it further RESOLVED, to GRANT alternative relief for a setback at not closer than seventy (70) feet from the top of the bluff (bank) to all structures, retaining walls and buildings, SUBJECT TO THE FOLLOWING: 1. That the drywells be installed for proper discharge of pool water; no pool water or roof runoff shall not be discharged towards the bluff face and all water shall be properly contained (or removed) ; 2. That the relief alternatively granted is limited to this particular application made under Section 100-239. 4A of the zoning code as pertains to the bluff setback (and shall not apply to side yard reductions, lot coverage in excess of 20%, or other variations from the code in the event cf future code modifica- tions) . . Page 5 - Appl. No 204 Matter of JOHN CROKOS Decision Rendered December 8, 1993 3 . That there be no land disturbance to or close to the bluff (bank) area, and that hay bales shall be temporarily placed north of the area under construction while construction activities are pending. Vote of the Board: Ayes: Messrs. Dinizio, Wilton, Doyen, Goehringer, and Villa. This resolution was duly adopted. * * * lk ' L�----/iZ / GERARD P. GOEHRINGER, CHAIRMAN f APPEALS BOARD MEMBERS �y.) SCOTT L HARRIS . Supervisor Gerard P Goehringer, Chairman Serge Doyen,Jr j ' ;e: .`�' Town Hall, 63095 Main Road James Dinizio,Jr PO Box 1179 Robert A Villa .131 ,' ti= Southold, New York 11971 Richard C Wilton «'' Fax (516) 766-1823 Telephone (616)765-1809 Telephone (516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4140. Upon Application of JOHN CROKOS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4A(1) for permission to locate structures within 100 feet of the top of the bluff along the Long Island Sound. Location of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11. WHEREAS, public hearings were held on January 14, 1993 and February 23 , 1993, at which time 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; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. AREA VARIANCE. This is an application received Novem- ber 24, 1992 for a Variance under Article XXIII, Section 100-239.4, subsection A(1) , for approval of new construction within 100 feet of the bluff, or bank, along the Long Island Sound. The Building Inspector' s Notice of Disapproval upon which this appeal is based is dated November 18, 1992. 2. CODE REQUIREMENT. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 3. PROPERTY DATA. The premises in question is situated north of Grand View Drive in Orient and is shown as Lot #7 on the Major Subdivision Map of Grand View Estates. This parcel contains a total lot area of 42,134 sq. ft. and is presently • ' •Page 2 - Appl. No 140 • Matter of JOHN CROKOS Decision Rendered February 23, 1993 vacant. Areas seaward of the Coastal Zone boundary line (near the top of the bank) are unbuildable, which lends to the limitations for building while meeting all other zoning code requirements. 4. PROPOSAL. Proposed in this application are requests to locate the northwesterly corner of a proposed dwelling with patio and deck areas above natural grade, inground swimmingpool, and landscape areas with retaining walls, all within 100 feet of the top of the bluff (bank) along the Long Island Sound {see site plan map dated October 14, 1992 by Keller-Sandgren Associates} . The setbacks at their shortest distances under consideration in this application are shown at 50 feet to the outside patio area of the proposed pool, 30+- feet to the fence enclosure north of the same patio area, and 54 feet to the closest corner of the swimming pool. The dwelling as proposed is situated on an angle (northwest) , rather than parallel with the bluff or northerly property angles, which creates the need for a variance at the northeast corner of the house of up to 5-1/2 or six feet. 5. SITE INSPECTION(S) . (a) An inspection of the site reveals that most of the bluff face is stabilized by shrubs. From the street, the lot's elevation rises several feet and flattens out over most of the land, 25 to 26 feet above mea 'sea level. There is presently a slight berm across the bluff top edge; the existing grade is away from the bluff face. The bluff areas must be protected, and regrading and new landscaped areas must be done to keep surface water runoff directed away from the bluff face. A continued low berm at the top edge would help to ensure no over-bank runoff. Also, measures will need to be taken to either truck the pool water off site, or properly install drywell drains. (b) Research of town records shows that there are other lots in the area with nonconforming setbacks in the immediate vicinity; i.e. Lot 5 (Monacelli) for construction at 80+- feet from the top of the bank; Lot 3.8 (Hungerford) at 80 - 85+- feet; Lot 24 (Cipitelli Bros. Realty) 70+- feet; Lot 3.9 (formerly Betancourt) at 50+- feet. 6. OTHER TOWN AGENCY JURISDICTION/REVIEW. Correspondence has been received from the Office of the Town Trustees confirming that the addition as proposed is not within their jurisdiction under either the Coastal Erosion Hazard Act (Ch. 37) or the Town Wetland Ordinance (Ch. 97) . 7. EFFECTS OF RELIEF REQUESTED. It is the position of this Board that in considering the relief requested and more ' Page 3 - Appl. Nc 140 Matter of JOHN CROKOS Decision Rendered February 23, 1993 particularly shown on the October 14, 1992 site plan (as modified from the October 14, 1992 landscaping plan) , that: (a) the setback at 54 feet is substantial in relation to the requirements, that is, 46 percent of the requirement; (b) the grant of the entire relief will, in turn set a precedent, and will alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and its topography, and the difficulties claimed are not personal to the landowner; (d) the difficulties claimed have not been created by the landowner - the lot preexists the enactment of this zoning requirement; (e) the amount of relief requested would in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (f) there is an alternative for appellant to pursue, as noted below, for lesser relief (greater setbacks) ; (g) in view of all .the above, the interests of justice will be served by denying the relief, as requested. 8. ALTERNATIVE. Alternatively, the Board finds that a setback restriction at not closer than 75 feet to the top of the bluff (bank)- for all structures, retaining walls, and buildings, would be more feasible and is reasonably available for applicant to pursue. 9. EFFECTS OF ALTERNATIVE. It is the position of the Board that in considering this alternative: a) the benefit to the applicant, as weighed against the detriment to the health, safety, welfare of the community, is greater, and is not unreasonable in light of limited upland area available for residential use; b) the benefit sought by the applicant cannot be achieved by a method, feasible for his to pursue, other than an area variance; c) the alternative relief is not substantial in relation to the requirements; Page 4 - Appl. No 140 Matter of JOHN CROKOS Decision Rendered February 23 , 1993 d) the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; e) the difficulties created are related to the uniqueness of the land and are not personal to the landowner; f) the relief as alternatively granted will not be adverse to the preservation and protection of the character of the neighborhood and the health, safety, and welfare of the community. Accordingly, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, to DENY the relief requested in the application, and be it further RESOLVED, to GRANT alternative relieffor a minimum setback at 75 feet from the top of the bluff (bank) to all structures, retaining walls and buildings, SUBJECT TO THE FOLLOWING: 1. That the drywells be installed for proper discharge of pool water; no pool water or roof runoff shall not be discharged towards the bluff face and all water shall be properly contained (or removed) ; 2. That the relief alternatively granted is limited to this particular application made under Section 100-239.4A of the zoning code as pertains to the bluff setback (and shall not apply to side yard reductions, lot coverage in excess of 20%, or other variations from the code in the event of future code modifica- tions) . 3 . That there be no land disturbance to or close to the bluff (bank) area, and that hay bales shall be temporarily placed north of the area under construction while construction activities are pending. Vote of the Board: Ayes: Messrs. Dinizio, Wilton, Doyen, Goehringer, and Villa. This resolution was duly adopted. lk GERARD P. GOEHRING , C RMAN •'•' IFOAliL C) I(� �. frA ,• ;:`i?ex Southold Town Board of Appeals „%v- • MAIN ROAD - STATE ROAD 25 P O BOX 1179 SOUTHOLD, L.I., N Y 11971 ,,I" TELEPHONE(518)786-1809 FAX No (518)785-1823 APPEALS BOARD MEMBERS GERARD P GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR SERGE DOYEN, JR JOSEPH H SAWICKI JAMES DINIZIO, JR ACTION OF THE BOARD OF APPEALS Appl. No. 3849 Matter of CIPITELLI BROS. REALTY. Variance to the Zoning Ordinance Article XXIII, Section 100-239d, A.1, for permission to construct a one family dwelling with insufficient setback and within 100 feet from Long Island Sound in this R-40 Zone District. Location of Property: 90 Petty' s Drive, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 24. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of CIPITELLI BROS REALTY, under Appeal No. 3849; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the east of Petty' s Drive, Town of Orient, and is identified on the Suffolk County Tax Maps as District 1000, Section 14, Block 2, Lot 24. 2. This is an application for Variances from the Zoning Code Article XXIII, Section 100-239d A.1, for permission to construct a one family dwelling, proposed construction will be within 100 feet of the Sound. - i page 2 - Appl. No. 3849 Matter CIPITELLI BROS. REALTY Decision rendered October 12, 1989 3 . Article XXIII, Section 100-239d A.1, requires all building located on lots adjacent to Long Island Sound and upon which there exists a bluff or bank landward of the shore or beach shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 4. The subject premises for the one family dwelling is known and referred to as being built within the building envelope, as identified on the site plan from Ward Associates, also a copy of the Survey from Roderick Van Tuyl, Dated 4/17/89. 5. In considering this application, the Board finds and determines: ( a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue, and placing the proposed dwelling in any other location on the premises will require other variance relief ; (c) that the area chosen for the dwelling is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Dinizio, it was Page 3 - Appl. No. 3849 Matter of CIPITELLI BROS. REALTY Decision rendered October 12, 1989 RESOLVED, to GRANT a Variance in the matter of the application of CIPITELLI BROS. REALTY as applied under Appeal No. 3849, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there not be any construction that includes decks, swimming pools (Building Envelope) , not be any closer than 60 feet to the top of the bank. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio, (absent Serge Doyen, Fishers Island and Joseph Sawicki) . This resolution was duly adopted. df GERARD P. GOE r NGER /CHAIRMAN . I ' b \� \ y N b �5 \S‘ i 19 � FN N \ ,,t 1.61/--, N \ N N N \ \ \\ \ 5 /k7\\\ ‘((\ \ \ \*\ N N\ \ \\ \. \ 0\ \� \ \ \ 6 \ \ \\ \, 9N,N 8 N \ N N `\ 3 \2 N'•. \ \ , \ `` NN \N \\ \\ - _ N \ \ \ L \ . \\ \\ N N N qb \\\ \\\� ' \ \ \\ N. / 6 a o�\ \ � \ \ \ \ �� \ N. .Q / �- \\��\N .„ 'N._ \ wT I \\NN \\ \ \\ \ / / \ \\ I I - \ tib fJra IT{-f I!J r \� N�\ :;., • I . NN // frr • 7� \\\ \ rr 1�• 11 I� -- , S, I 17+5 g °] ® ` \ 1 :� q 1 0' S l �I .111 ,,I,1;',1\ \ \ n I I �, !rlr , i5-o , r/ . Il i•,. •� - - - \ ' H ir, \ __,\ 1 / r fit / I lit 'ii1 1 ,i E____ 11.45u.. R f-114,1-e, -, .;°-c /h.q./ J t--1EL ZO'3 } J EL 105 - EL. �7 5 `r Ic: Ve /-'. 03 Talliftli'l.ra: j \ "0 li -- 14-..„, • ( _. ..„ *.„, ,r. zr --2, 0,„,,.., : tai ICo+7 - �i. _ --- __ — ---r---r...�_-_ . ----,__ 4 ` ` _ r7' rr5 _ L E Vol c 11 -o" b4 _ ____ ELIZABETH A NEVILLE, TOWN CLERK Town of Southold Southold, New York 11971 Phone 631-765-1800 PERMIT/RECEIPT #4791 Levine, Mark A & Helene H 2510 Grand View Dr Onent, N y 11957 Received $ 600 00 for Permits - <<TransactionType>> Application Fees on 02/14/2000 Thank you It has been our pleasure to serve you By + - at - o n (time iss ed) . . • . ._ ... . 4 5 6 7 8 9 IO II 12 13 . 14 . I I 2 3 5 1 6 I 7 ,-,-;3_,E-_,3 ,.. .s..,,s. ,-,,, sci4,4!LoN. K s,20<, , 9,50,w I c0 NI 24/•48' Ni / LOT #4 / EL,=40.7' /30. , ri": I O I / : : ' , . :, , CO • J / . , , , , , , / EL.=35.2' `� i EXIST/NG. ;' S2 ■ .,,..C2D: (p �._ - f- l IW`Ot-PROPOSED 1/43100,,,_ p I l } V o _J Z CJ BUILDING ENVELOP E.-- - - �- i....: N ,' / / / o �- , e FRENCH DRAIN 0 • -717/ h cn N ' , / I �r5CR SCREENED ' i / •00, Q 6".6"CCA TILE7 PCRCri ' <9 = ‘ ( . , , RETAINING U.'nt L 5 I r, IL 4 i i O �y AND STAIRS. 0 ,.. Z 1 i -, Q PROPOSED _ 11 , J m I TWO STORY I ' o - � \ A m - GRAVE; DRIVE '°O •X28 � - 1 LI) - ' O - RESIDENCE - SFD /' ,- - 1 - N m 14 BRICK PAVERS 5.T IN SAND ( - Q En r AND BluEsroN_BteraD ----' °000 E" Z = \5f2' nj2 REVISED 10/18/01 G — 1 m 1Q' ON coMPnCKtD Flt L. ( Il N i •-----_----------- ---------- -75------------------- ----------- 4 I ELEVATION FIRST rIOOR44'0" C\' ® REVISED 08/09/0) �/ I N i1 I _ \� REVISED 09/25/00 Z m N 9 , 5Q, TEST t'O!r : 1 \ " i_ J 1 co 2 200 I I PATIO ELEVATION (q (D ALL RIGHTS RESERVED 1 43'4-1/2" _-x.4'_5" /jam n W I /0")/\(1:: � NV THESE PLANS ARE AN INSTRUMENT OF ♦ SERVICE AND ARE THE PROPERTY O` N I 4 - 7_10 -. 1, �° THE ARCHITECT. INFRINGEMENTS WILL N I 1 np SWIMMING Q -- X28.3 ,, DE PROSECUTED. V ,, , i„,„,„,,, , , I - r -root - I k51 t\-. tr)00 _ i 1 , , f ra'o°Xsbo 32 ,. I �_ -- _.-HI ! I 34 1 I 1I- dvdre7:71° 1 S FENCE __,4•:,•''_. z �. a 3 G �` \ , . , , , \ ,. rn..�tlJRM............... 30.0' cel. s `oam CILI • tO U U \ , U 38 EL.=37.8' o O VI o; ?, 40 3SS.8r " � � E u.. 4 2 0 O 0 . 44 0 1 s u�"- \--- 0 4 G \5°3 A,20,.`N 0 411 's O t N 1 a in ni C t s O .v Q. o �, 0 O - Q. 1 "' � ■ T LOT #2 Z , c.,,. orres MR.4. MRS. M.LEVINE GRANDVIEW D BASED ON -li ORIENT, N.Y, TOPOGRAPHICAL MAP OF LOT #3 Fes "MAP OF GRANDVIEW ESTATES AT ORIENT" SITUATE: ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. ;r 1 _ '-+ # SUFFOLK COUNTY TAX# . rr I" t` . NEW RESIDENCE C1000 1423.7 SWIMMING root_OUTLINE ' ();./J-1( NOTE: 1,2.: FOUND , , . i c d T ELEVATIONS REFER TO NGVD 29 gy ri, r , AREA=G2,G38sf. OR 1 .44 ACRES411141‘) ' •..� SITE PLAN : 16 V if.) , N C9 O N N LD 0 N t-- N 0 00 lD L9 V- N ..- ' '- N N m CO ,c° 't ,q- *t 'cr m m m m m OCT 18 7OQ1 I" = 20'-0„ 1 __ T -, •.-_,, e!' SITE FLAN ____ SCALE: 1"=20'0" t"`" . / . '------- , ...We. A ow- al, tri ;Er. '. 1 9917 I 2 3 4 5 G 7 8 9 10 I I 1 2 1 3 14 1 5 3 1 7 _ . , „2:-...:_„-- ,. „,-= ,„,,,(..,,,„ .„._.. .__. ,.„, ,.-LC:.,"2, pp. K (5) ; . . .5,_00, 29,50 LV pk. it 03 24/.4o, / LOT #4 t / EL.=40.7' I 30 ° CO/ , / :' : : : : : '' , ' ., , ; ; , , i i ; . , J , ., . . , , ' sia / — —� EL.-35.21 / -•,-,— : • T EXIS77NG w — — S2� c,�s'” ,�, Ico ------•:_z_12, 00D SEEPS • °` , / vy is / r_ 7,,,r1P 14, Lams . I-10 , .• ,: • ,/ , , : • , , . , , , or°, . =w Ncr, DRAIN17-- `� ._. IP- /Sc emi ! . ! : i ! ! '�i(� a7q i,...,'” r ' •O0, 0 Q / Gx6"CCA TIS — KffFAINING WALL } PORCtf rVID Z AND STAIRS. yt''• I I • . ': gLreise Q `liA,',i' PROPOSED _ o O TWO STORYco (' n — I - - — GRAV L ORIVF� �/'� F �2 �r.:rri 0 RESIDENCE — o D •N; LIN OF PRCPOS�D S� - m L� I — 3JILDING�NVCLGP'L'. .;-/)\k::-.:: - l 14 zLI G l oa' N m / 1 --(- - N L'LZ.VA[ION FIRST FLOCR 44'a' G� Z • — BURM _ \ N ` �C, T 5T rtCtt \� ream , I' 1999 —1 I N �i�.' ` Co0ALL RIGHTS RESERVED I • • PATIO ENATION �p CD 5RICK PAVERS 5ET IN SAND TI'E5E PLANS AKE AN INSTKUMENT OF 43'4-I/2" !! /i DJ L J �__��� AND BLU"StCNL' BUND �// '�/ SERVICE AND ARE THE PROPERTY OF I +�-,,T`i J ' CN CUMPACKFD FILL. �\ THE ARCHITECT. INFRINGEMENTS WILL ff N I f 1 SWIMMING ' i '2a 3 BE PROSECUTED. r° . ., �� ° IN POOL ' 32 cfl I zill I oO"x36'a' ' z g 34 1- __, ' FENCE ` I z � --' 36/ � �';:-I( = DURM 130.0 c--- O U • U t U L.''. 38 EL.=37.8' SC` el \l''' 355.57�� ?�. 40 355.57 o u 42 00-14 -,.. I --,. \ L ' ' , , , O0 O 44 ,-- 46 034'2°' U w o_ O D.-i ce _,_ ,__:.7 ,,I,,', !7 r; O ■ O 4 , Z r O -' LOT #2 °‘--- '2' zmasa MR. MRS. M.LEViNE D GRANDVIEW BASED ON , ORIENT, N.Y. TOPOGRAPHICAL MAP OF LOT #3 "MAP OF GRANDVIEW EOM ESTATES AT ORIENT" SITUATE: ORIENT TOWN OF 50UTF10LD SUFFOLK COUNTY, N.Y. 4 C . SUFFOLK COUNTY TAX# NEW RESIDENOE--_._ 1000 1423.7II I I f( I OCT71'. II\..\...i C 1 r NOTE: l_ - .. ,, . L { I i . .. . ...-:i. MONUMENT FOUND . „I_________ _ , , :. , , ............... ELEVATIONS REFER TO NGVD29 ; AREA-62,638st. OR 1 .44 ACRES j m r• •. !/ " r 51TE PLAN I SWIMMING FOUL CJ I LINE 0 t ;, Q CP/9/°/ ,/0� l QCT 1 8 21101 -- 1-_ , , , ; . , B j ; I Icy AUG. 09, 2001 N LD O N c0 N CD O 1` ,Q N N 0 00 CO C9 't' N r , — "' _ N N Co m m 1- 1- 1- d- m m m m m '' A CTE PLAN 2 �, t A SCALE: I"-20'0" LImaim E i .; 9917