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HomeMy WebLinkAbout4796 Afic),,,ti, Aid .,;96 7- f1. 7,e,e•‘, _ ° ___/__ _-3._/_11/- /-171-ao,<-0 e „,z,,,,,,z_fr,t,....,2,8-4 - ,, .4> Zvi gets,sw_,_.. _.,.. _ .. __ . 16,/0 �.._�. ._ .Q- _- )- b. i 77`c0. '— CA 6/iiva0 APPEAt.S WOARD MEMBERS i OFFO(,j �� p5 COG • Southold Town Hall Gerard P. Goehringer, Chairman r11/4 = * : 53095 Main Road James Dinizio, Jr. C y Z 2 P.O. Box 1179 Lydia A. Tortora •p , • • Southold, New York 11971 Lora S. Collins : p\• ZBA Fax (631) 765-9064 George Horning = 41 #[ $ d� Telephone (631) 765-1809 • BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2000 Appl. No. 4796 - RONALD AND SUSAN MELAMUD 1000-17-5-3.2 STREET& LOCATION: 18603 Main Road, East Marion DATE OF PUBLIC HEARING: April 6, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property is located at the northerly end of a private right- of-way which extends off the Main Road in East Marion. The lot consists of approximately 3.8 acres (inclusive of the beach and wetland areas), improved with a one-story dwelling, and referred to as Lot 3 on the Minor Subdivision Map of Stephenson Beach, Inc. To the north is the L.I. Sound, to the south and west are lands of the Orient-East Marion Park District, to the east is land of now or formerly Stephenson. BASIS OF APPLICATION: Building Department's February 11, 2000 Notice of Disapproval regarding applicants' request to build an above-ground swimming pool with a deck area. The reason stated in the disapproval is that proposed accessory swimming pool and deck is not permitted pursuant to Article III, Section 100-33 as located within the side yard of the subject lot. The Code requires accessory buildings and structures or other accessory uses shall be located in the required rear yard. AREA VARIANCE RELIEF REOUESTED: Applicants have submitted a map dated January 2000 showing a proposed pool and deck at the northeast corner of the existing dwelling at a distance 30+- ft. north of the seawall, and 90 feet from the edge of the southerly property line. The pool is also proposed at 210+-' from the easterly property line and a minimum of 150 feet from the ordinary highwater mark. The pool and deck areas are "open to the sky." ADDITIONAL INFORMATION AND EVIDENCE CONSIDERED: The Board has reviewed the existing and proposed lot coverage estimates calculated by the Building Department and those provided by the applicants' survey prepared by Joseph A. Ingegno dated February 18, 2000. The Board finds that the existing dwelling and lot coverage is 21.3% (2,133 sq. ft.) and that the proposed 22 x 15 ft. dwelling addition would add 330 sq. ft., and the 10 x 10 ft. deck addition would add 100 sq. ft. for a total of 430 sq. ft. or proposed lot coverage of 23.92% (2,392 sq. ft.). REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property is large, 3.8 acres and isolated because it is situated next to the East Marion Park District on the south and on the west, and approximately 1000 feet from the nearest improved property on the east. The pool will be integrated into the existing dwelling and will be shielded from view from the Main Road to the south, and will be set back approximately 159 feet from the easterly side yard property line. Page 2 - May 10, 2000 ZBA Appl. No. 4796- R. Melamud Parcel 1000-17-5-3.2 at East Marion 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue other than an area variance because the side yard location provides the lowest floor plain elevation, minimizing the distances to the tidal wetlands, and cannot be placed on the east side of the property because of an existing sanitary system. 3. The requested area variance is not substantial because placement of the above-ground pool in the side yard location is the most environmentally sound location on a large 3.8 acre tract that contains no reasonable alternatives. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because of the factors stated above as well as the conditions contained hereto. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a pool, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance, as applied for, subject to the following CONDITIONS: 1. The lowest part of the pool shall extend no deeper than two (2) feet below grade, and there shall be no sub-grade structures or piping (except as required by the State D.E.C. permit). 2. The pool shall not be filled or water replaced from well water on the property. The pool shall be filled from water drawn from outside of the property and emptied into the existing dry wells located on the west side of the property. 3. No Prickly Pear Cactus shall be disturbed from this project and any other vegetation which is disturbed shall be carefully replanted in an undisturbed area. 4. The Board reserves the right to review appropriate screening before a certificate of occupancy is issued, with adequate notice to the Board (by applicant and/or by the building department). VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER (Chair - , Dinii To... ., an.L /,Ilins. (Member • •••• • • - - •.• • ••• s Resolution was . • y ado. -. (4-. . RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERKz. GERARD P. GOEHRINGER SIP UR I ISPm CHAIRMAN DATE I H��Y�/ For Filing about May 16, 2000 tia 1 Town Clerk, Town of Southold ifiTh NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY,APRIL 6, 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, APRIL 6, 2000 at the time noted below (or as soon thereafter is possible):. 7:50 p.m. Appl: No. 4796 RON AND SUSAN MELAMUD. This is a request for a Variance under Article Ill, Section 100-33, based upon the Building Department's February 11, 2000 Notice of Disapproval and an application for a building permit to locate an accessory in-ground swimming pool and deck in an area other than the required rear yard. Location of Property 18603 Main Road (S.R. 25), East Marion; County Tax Map Parcel 1000-17-5-32: 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: March 10, 2000. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DAlE; February 11, 2000 TO Susan Melamud 15 Aldbury Dr. Upper Saddle River NJ 07458 Please take notice that your application dated November 18, 1999 For permit for accessory in-ground pool and deck at Location,of property 18603 Main Road East Marion County.Tax Map No. 1000 - Section 17 _ Block 5 Lot 3.2 Subdivision Filed Map # Lot# Is returned herewith and disapproved on the following grounds; Proposed accessory swimming pool and deck not permitted pursuant to Article III Section 100-33 which states- In tatesIn 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. Proposed project located within the side yard of the subject lot. Authorized S nature l p, 1 , � i J i FEB - 92000 ` C, 1. BOARD OF HEALTH 8 u i.CEc''T. ( FORM N0. I 3 SETS OF PLANS TOWN OF SOUTHOtO i TOWN OF SOU MOLD SURVEY . . ... . . . . . .: BUILDING DEPARTMENT CHECK . .. . . .. . .::. . . . .:.. TOWN HALL SEPTIC FORM SOUTHOLD, N.Y. 11971 TEL: 765-1802 NOTIFY: CALL .. . . . . . • . . . . . . . .. . Examined , 20. MAIL TO. Approved Permit No. r r / /�� Disapproved..a/c .. .....�. . �'1. i` ( 6. ! (Building Inspector) APPLICATION FOR BUILDING PERMIT // �j Date. . . !. . , 20cY:i. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector qi 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan shoving 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 ca menced before issuance of Building Permit. d. Upon approvalof this application, the Building Inspector will issue a;Building Permit to the applicant. Such permit shall be kept on the premises available for inspectior`throughcut the work. e. lb building shall be occupied or used in whole orin part for any purpose whatever until a Certificate of nknupmty shallhave been granted by the Building Inspantir. APPLICATICtiIS HEREBY MALE to the Building Uepardrent..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 building for necessary inspections. (Signature of applicant or name, if a corporation) /5 Polis2)n ref (Ab .,' Sazaka g 1 (Mailing address of applicant) hfo 7Y55' State whether applicant is wirer, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder App.lc co.-u; ,us. yin 0- L,z..D1z� i Namof owner of premises R o tl 4 tJU.S d..rt 111, " i e.t as-Au. a (as on the tax roll or latest deed) / If applicant is a corporation, signature of duly authorized officer. Kt0ne, (Na and title of corporate officer) Builders License No. Plumbers Lir.nse No. Electricians License No. Other Trade's License ND. .. ...........c L Location of land on which proposed work will be done.-- ................... ....... ..._.... ................. G Douse Number Street Hamlet i Canty Tax Map No. 1000 Section b Cl Block 5 Io bis-5 -9 '- Subdivision N Cla a Filed Map:No. Lot (Name)'... . 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy R eS t vL e ne-C • b. Intended ngn and occupancy 9 eSLdehC uemtition Other Work Ito r Add tr>ei (Description) i. Estimated cost t5 coo fee (to be paid on filing this application) i. If dwelling, number of dwellingn'1 units I timber of dwelling units on each floor nl`l If garage, timber cars a..&p'Y - ). If business, commercial or mixed occupancy, specify nature and extent of each type of use ^T � Dimensions of existing structures, if any: Front ✓ V t 6 u Rear 714. 41- 6 (' Depth 3 l C. G 11 p Height 1 V t Number of Stories 112- Dimensions of same structure with alterations or additions: Front Rear .511-1 - Depth - Height Number of Stories 12.12 A abl-t{ ,yj Dimensions of entire new construction: Front Rear Depth -PD Height Number of Stories BBQ Size of lot: Front Rear Depth '' ko n ) krante 0. Date of Purchase .h t i4.i`?..l•k' t�• Name of Former Owner :Rob e r t Ce t er t+4Kn Q C0V`5 '} rt I. Zone or use district in which premises are situated R— $ d 2. Thea proposed construction violate any zoning law, ordinance or regulation: Kto 3. Will lot be regraded gcc..© Will excess (fill be removed from premises: YES /C:4-)A 4. \'Names of earner of premises Bon.-..-1 Y1 M.'�m4Address la IPric]<(V(M "bnt)t Lennie No.l`fd 9ZS Silk Upper z.ddt-e R111 ent. NIS-0 7'58' hale of Architect !!TT Address Phone No. Name of contractor J.►.5 J � /� Address ��f�r'� . . . } �the %ai Phone No. ) 7??t t�lfaycfl'; ' 5. is this property within 300 feet of a tidal wetland? *'YES N3 e- *IF YES, SOUHI1311) Taal'112Us[EES PERMIT MAY PE REQUIRED. -`•u R l rect:d" e^eC_E-14 PLOT DIAGRAM Ne' furnM alien- locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions ran property,lines. Give street and block ember or description according to deed, and show street nares and indicate tether interior or corner lot. e attel-tee. Sr le /tea "� jc evev — 3' 61, l aP Kiy5 ( / -k p1ea,, e note ' c9w (Su.5av1 1 iv1 t ) STATE OF NEW YORK ) ) ss:: COUNTY OF SUFFOLK ) SEL--n, N1.61-ctmi)- being duly sworn, deposes and scys: That deponent is over the age of 18 years, and resides at 1 41A10txt,i'Iknn-e) (a fte-r k Mire f 3- 07 Li S£f 2000 e ` dayof % . 1 deponent, being the That on the_ � � p architect/engineer, licensed by the State of New York, hereby states that s/he accepts full responsibility for the accompanying plans compliance'with the,New I d York State Fire Prevention and Building Code (9 NYCRR). cF"�' ` /P 0. El-g1G ..{{� eat_ar L IiG!/1 diC i l r wc.sr Architect/Enginee * * . ; ' Sworn to before me this t, o 0 0FEs''Op ,. --)day of FrAftrya,l +999. 200,o 5412b2_."LAteZ,70-ii (Q-4 TOWN OF SOUTHOLD, NEW ifrIC `"I tf60." 1/1frer 00 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL Na 4794, Ces DATE AY TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) Rom f). ` 5e , ' M. idea.of 1$74 /J.hur)t 7)rtve- Name of Appellant Street and Number, VP�PK &4 teAr N J 07468 HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO DATED;.... WHEREBY THE BUILDING INSPECTOR DENIED TO Rota .i- 6-u5 k n/' N st,q M UD Name of Applicant for permit of /6/4 Drty 03010.,,r Saddk 2r di t- YID' o71.15-s Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (u) PGQZ.I417I- To C. 1mas'TR,ucrAl- Stare n ,iL4 PccL 1. LOCATION OF THE PROPERTY / 8603 ' 4t,V /'°!P 2srs1- /Aeiani N,v Street /Hamlet / Use District on Zoning Mop District 1000 SectionDl7'B1ock'S Lo �� Current-Owner Rotes F Susan tut t_si-rwu Map No. Lot No. �` Prior Owner 62ofSE27 C6GEd✓TX-4/z9 2. PROVISION (5) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article 3 Section foo - 33 3. TYPE OF APPEAL Appeal is mode herewith for (please checkappropriate box) (A) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ' ) A VARIANCE due to lack of occess (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec 280A Subsection'3 ( ) 4 PREVIOUS APPEAL A previous appeal (has) (has not) been made withrespect to this decision of the Building Inspector or with respect to this property._ Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. t Dated,, is REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( is requested for the reason that (I ) r,,fel lance LJOWIJ CFcc e. e1 5Inte -1m Ccn5h-h-U4ttrn) e-nvtronmtn; -21 amd. eteS`fhe-hc 1tai^LShteS, ttxGL (2) r`eeec:4-ion edewteS tete a �pl�can �S -Ft.ve use (9* cl o l o-E ` heAtr l'roperl .{w CernSdrtLcbe-n Er-e ct SwImmtxq po®I . the r'et evinmi ?or-Eton o4 (M�lu+ c�t (1,04alreaJy ©eoh.e uficJ by`JtreStdcnc$ � is Foran ZB1 (Continue on other side) 0(tsaAuwic—ctSta AS 4al e6NA STYE r -o-n See AgTRC 44E - kJ (:e&Scai 4Dr ?-e ueS4-rj Ua,rta tc.-.:-. • • SEC F TTRG14EP " KCRion./S Co 2 7Eroycs-. . .;. � (pt., PP!n o NAL V G-//9-f c$ ( L x ioo6r9-41, 7/-°e/ REASONS FOR AREA VARIANCE ONLY (to be completed by .applicant) : Do not use these standards for "use variance" or "special exception. (Also attach sheets if necessary, with signatures.) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: ?c'0?oS0-6t SW cmn r toot uitU. nc4 'ba V S0b(,-e_._ ft) 1-3ve_ Pu-[ itc e ?roeer`Ea., eS RIC. Seci ted, a' rerso*e. born `4 1 Coo--d o n e��l� boys, f k•e.re arm. egAre-wve- la-rle 5 Lobe. `{ctra Se.4-6 a.ck.S. 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area l variance BECAUSE: FEQ,c�eYrcen4 o-F 'N�-e- �oo � to 't'hh'e- p-�ea-�l' 5°'r°( Com 4' loac-t Luc* Vora 1-oncnq orcicnar-tcJ .Lo aes, lcf teoJe. •e-4JCineer,n9 S7`rachch Zara/SA/105 4C/sed- to/a Pa e�v,rDh�e�c-��Q a�oC aeSY��ft� cy-dSh.�s Q.,cd o�tr�r ../ ajoerS /mfact5. 3. The amount of relief requested is not substantial BECAUSE �2 erg Wo''-!d b-c. ho /MIaGfS or *he fTe/54.6br/aod o r i'-ire. enurrnnrmeizt a-rid 'Me 7r eoSed /oeahoii /5 More L..IUt+ndQgea05, 4, The variance will NOT have an adverse effect or impact onthe physical or environmental conditions in the neighborhood or district BECAUSE me. ?roAe /5 reo/-e etnarlec%de'C, and )46/-e /oei aid/ yiCr& be. (IIStbFe {alint fiu_.b/ft. / the 22e4tes* pestdeirce /5 a-4 oat ,, 019 o £GUiay f-orn G e ?n 0 S-ed et'©©/ Sl/e. 5. Has the alleged difficulty been self-created? ( ) Yes .' 6 . This is the minimum that is necessary and; adequate, and at the same time preserve and protect the character of the'neighborhood:and the health, safety and welfare of the community. STATE OF NEW YORK) �s caa,ti „J COUNTY OF SUFFOLK) r (A plicant) Agent must attach written consent from owner. Sworn- to before me this Aday of 24." , .P..2(2C%G' /42212.714692,44-04-1-- ******************* MARGERY C.BURNS txtlk/form.var/temp NOTARY PUBLIC,State.of New York. Qualified in Suffolk County No.0508300 200/ Commission Expires May 3L- f--, Reasons for Requesting a Variance from the Zoning Ordinance for Construction of a Swimming Pool at 18603 Main Road, East Marion,NY We are requesting a variance from the zoning ordinance requirement precluding accessory facilities from being constructed in a side yard. Since our large (4-acre) property has a relatively small house within its borders, the result is extremely large side yards—approximately 210 feet on the east side, where the, proposed swimming pool would be constructed,and about 350 on the west side of the house. Restriction of the construction of an accessory facility only to the 70-foot wide rear yard, termuiating 75 feet from the Mean High Water Mark (MHWM) of the LI Sound (per NYSDEC), would deny us the use of over 90 percent of our property Placement of the swimming pool in the rear yard would result in significant engineering difficulties, cause severely adverse aesthetic impacts, and would be much less advantageous than the proposed side yard location from environmental and flood standpoints. Our property is unique in many ways. It offers incredible panoramic views of the Long Island Sound from the rear and sides of the house, along with delightful views of the Orient Bay from the front. Encompassing almost 4 acres and situated directly on the beach, the property is extremelyremote and secluded. On three sides, the property is surrounded by land owned by the Orient-East Marion Park District, and there are no structures'/ located directly to the,south, north, or west of the property. The Town beach is 1/4 -mile-mile to the west. Directly to the east is a 5-acre parcel owned by the Stephenson family, containing a single residence about 1,000 feet away from the subject house. This property is largely screened from viewing our property by a row of about 9 to 10-foot high hedges. Because the house is small and the property is so large in proportion, the side yards encompass approximately 3.5 acres. Only about 0.12 acres (5,250 sq. ft) would be available as rear yard, to comply with both the zoning ordinance and NYSDEC regulations (for distance from the MHWM) for construction of a swimming-pool. However, placement of the pool in the rear yard would have several major disadvantages, including: 1. It would completely block view of the LI Sound. Because of the high water table on the beach, the pool will have to be primarily aboveground. The pool will be placed only about 2 feet into the ground; the remaining four feet will be above ground. If located directly behind the house, where the grade elevation is 8 feet, he finished elevation of the top of the pool would be at Elev. 12, approximately level with the existing deck on the house; the fencing around the pool and deck area would be at Elev. 16. Ifs set directly behind the house, the pool would extend almost the entire length of the house, with only about 10. feet not facing the pool on each side of the house. Sitting on the deck, the viewer would therefore see only the pool structure and its enclosure, and the Sound would be obliterated from view. The existing grade- level (Elev. 8)patio in the rear of the house would be rendered useless, since it would be blocked from viewing the Sound and would be kept in the shadow of the pool most of the day,as would most of the rear yard and rear deck areas. 1 I 0 Q- N : TOWN' OF SOUTHOLD PROPERTY RECORD',-CARD , ECCARDy kI ] r bV�N�R� � i , . , STREET d._. . _ �. ` VILLAGE � ` "� ": ��` � "� ' g'(00.3 "DIST T SUE LeT �- . 1 n . 5 son M Melamud i al . M� ; n F9RMthR O NE R Lu G G L elen"4" N E ,- , u!, t9,t(Okn � _ ,, e076.60 -„ L 3ACR ,.1 L4J tr" . TYPE OF BUILDING �� o by r f Let ca(t>1 wt �.�.P)Pv14Zt r�os W �'a i [c t�,�4 i ,_I � ,�= ,� ^�- 1pken n ecrc� k\Sc oc. ( . Mf .'-i f, . +. .. a a+,Y'r �� �1 y RES. 2'0 SEAS, VL. FARM COMM. 0. MICS. Mkt. Value ✓ ,�y'' LAND IM TOTAL DATE REMARKS SCS ct r1 � Soo PAS 7Qoc / Illt��q� ���I / -7 '900 3000 PM \o.Noo . t (I(P 2- ,3/i /97-L /1I-).2 ' 6a-eelen1c7nc6 /47) /�°e/efifa U N C ,•, i ?ucSo 53on 12,E 70o t %o(3o R Z. Hr/t/q7- L I/82L� C � 11/41/R{i-L l( Sfl 808-3/e/7 I __ •: IZ ttlq) - 7v //c> „ Tillable FRONTAGE ON WATER _ -- F Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD `,: T-•tet „. -' _-I. -m �_ � - _ , Lae..t c Beta I _. u4 l - _ _� '`�', ■■■■�■■■ 1111 1111■■.■■■ .■■11■..■.11.E.11111111■1111 �4, �� ■■■■■■■■■■■ 1111■■ ■ „,_ _ __ ■■■■■■■■■■■ 1111■■ C■■ _,.. 'x 1111 11■■■�11e■ .1.,,,,. ........,......:. ®1111®■®®■■■■�■■®®1111■® ,per . ■1111■■■■■ �_ ''r 1111■■®■t■■■ ■®®1111■®■ mk ■■■■11�1111c!■111111111111■11 .■11.” I1.NIUE101■■1111.■■■ 1111■®1111111111■ 111111111411011 ® 11,111111111111111E2 IMI MIIM1!J■■■ .Isilll!MIIII11i $ iiEiMy®1110/1111 - c ) .1EMIW rl116- tiOat11Ei®IMEMiii iiiisiiiMIIIIIII E11i/*MISRaLIMI111LJ■■I■■■® Foundation [� Bath ,2 M. Bldg. bx S •• ,I, 2 28 - 33F °O �,�(q (n Basement ti,©t->� Floors A' 001/41/2-. _ Extension 132 2 v.\Ft 10 v (o : low Ext. Walls (ecRar e\,,,,„..Ac Interior Finish �� R, Extension 2ov.r7 . ',y0 i x 'a - g . Extension Fire Place \I ES Heat Q$ elec_ .--- • c .i 7 i 2-0 S -ei P tilo at 1-401t . , 20K (cooISM 32±-1 22)11 . ZY.i3 = zG Attic . s Porch Ll X\0 = gp Pool 4 0 woos \BD Patio Rooms 1st Floor v.?. , ,q" Deck 6 x22 = 1'/� glitmozzbi 7,x,C . {i bib Driveway ecus . ` lolve6 t. Roams{2nd :lou -,' ,. 2 t t: ' X 0 414 4 K �O a :}O d y,a �k,44.4.4,,,6,,g). .: - $ Garage cri a n `R"4 sa : .. /i �@y, .:5"''! '�. .' O. B. tit..., i '{, G1 e % k I " ar C i - I 1 SUFFOI . :0. HEALTH DEPT. APPROVAL H.S NO. ea- so-05 _ I - - • L''' :1.-,--,,,:,"- _ - ' I -_, . , . , . ---- . i 1 . ''.-i''' P-11 - 1 '-`--" • - ..,..-.---------- •rwv,-,ra.i.-;... . ,_ .--6 _ --,-, , .- -.Is'7,r)-'51).--t.7... . . ' „....49-...•-t---;,----,..;""C`-',. --,-,-4, . ' . ' ' N-14 L---• ' ,....._,..,...........,...----v...z,, ,, „;-4•,•0•,_-,-, . , • ' ' • 4 - --..--.Z.„..::*-',Y,2-11;1 2-'•1410:---4'7 i , . , _ \ .. .. . -, . ' , . • i :•.,,,' i , .. -e' \ Iv; ,' ,.-,' t ',' 1/4 -,f-ji, .,- -. ,,-,i.,•-,-.-A.11•.•.-4 , , e ST AT EMENT OF INTENT ' / '-- --i--.2.-i.-._„:1.211;,f.CVL.,)"2-:',7,../A-,O`.,,,',12 4,4-,,,`- '.1 , 15.. . . _; , - _ , . - 1 . - . ' I ' 1,/ e/ THE WATER SUPPLY AND SEWAGE DISPOSAL CS ,- -1\I '_ .‘ '''''.-. .4-1-'1'1 - ,-\.,,,,,,'., t-l•- kr- ---•• '-.-' .. , , , _. . _ . • I . • . • ' -- ,trii \' --'-' f '. -, ....i. -;:ri'F40.1...4 A.;.•..5-.4) ' , , 4-fr - ti, .. • - . ri ;A*" ,.'s • SYSTEMS FOR: THIS RESIDENCE WILL - ,-:-; , - -I CONFORM TO THE STANDAR-DS OF THE - . .".:-='. 1---:' •-.- •/ 9, ' ‘-'1-1 , : - -, ' ....e c..07--t..op.,:sai.:rtc,,,. .,-------:y- . a r , ,,,://' , , .1 ' . , - ..' . ,.-(s ,A.4...,)-_„„ Jtt.5 . ' ' '-,.4 -- • . t ' . 4,',••• -- ;1•-•,- '...',.-!..:: - ,'--'-- ,' —, - • . ,....-. , 6-----',-,, '..l•''' --, \ -a,,,tifill-'44"? ' '_____--1- , , ' . .- -,- ,.."/ i''`'i\- (:', ' -, .,..- SUFFOLK CO. DEPT. OF HEALTH SERVICES. —.. . - „, ____ ,_,__./ :..._:-.. --7.--,7.,, . r-, . .t.t.sce,-;_ , ...... .z.,,,T-Filigs,_-_:-_-_ ?:.',„-,. ..." _A.,.....r1 . . .t. /./ 't..n I. • -.:,, -- - - ,,, .:t.J.,. - ,- . ;, , $) -,.. , ,.'-,. 1=1,e.f.:_ev tl 0 . ,._,_ --;.. ,...L.-14,,:zlt,ic:2.:,,,,,:;t",:tg. L-,.:I.,i7 „.......,..,_:;. :-:II-7i'1 -,1 '-''''- C")- -a'' ' .. : , I. 1 - .• ' , - t' /-- (- :- •,., „ ..---- , -r•- ,. , :5.M. ,,,... ' ••-•- . . - ---•- - , _-. , I *.i........r...-- ..%•-e .$ - APPLICANT _ ...tf. t ./ ,••'. ': e Xii-7_,-.i L ,' ,-7--".... •••• : : ' rk --- "--- - - , "; ..y.:-..... .• .0-- , ,-, ,,,,, 4 "-,P,'-v '. - - • . --' -- -- '4 7-7-- -- .-•-.------1--. ..,..f.-.,,--..; -,N- -...• cl..,,!- ---- , - ,, - t. : _SUFFOLK COUNTY DEPT. OF -HEALTH -.--.---.Zi "..-- ,,-- ,4--• '- --. . -'''f:,••,-;-,-----6--,--r, - --•:-, P=,--7,1=Pfl-1- ; - • ••••,,,„„,-- . ._.,,, ,..s.- ,,,,,,;:-.•,,,..---.. ---; !,,-.'‘-:,,,,--,-----,--------,-,-t--.-=-,,,,----..---- -----,-,:-------- -----7::',''''''="f"-,- 7 7,". -f-' -Tr -1,,,v-i _, -._,1,3,,,,,,:r.,..,-,...,,,,,,b4.;-,.....:„...",,..,..,:, .:;.1„..-- ,,,,,•:-.,-,„ , , , • -- ,-1*-'-,);r,- -c---,-s, , . . ._. e-, - . ..OZ ' •" , ,'-' "--. .,..,:: ""..:-., r .1' .-,,,, ".: -1-'7-4•:;' . ."., „.":"',.- i:1,..,' 'A.': '- ,.":"A!' • ' -es_ -.. - -f '' I- ' \ SE-PV ICES •-:- FOR APPROVAL OF ir) ,. .. . -. .... -.. --,/ .6 -- --- -if' .5_, "....A .,-.=-- = -- - , iii, , , - -,• ,....„,-. ., (...,,.....;),r, 71-,,,,c-, ,,tf-:-..., ,J.S.„_:_-,,tak t,E, Li;ft-1--%- -8-:-`-:-.h_T- _",---t_4;-•-:#4-15,7',.."-.7:-•-- -:-..-f, - -.-'..;:‘-"--,-' '''` •_. :'''-•{.14 .- ' .-. - CONSTRUCTION ONLY ni- / ' .----''.' -,4 - _, •„.,-„.',,• .'..-- -14 -,- ,;-,, --,-•••-•.-1- :-...,-1;;,. ."..---.: -% . ,i,-Zi. -',:', \`--"-x.:',.--,,.. -• -'' --- . — ' - •- - ' • _ ) / , ' - '-:.' .,:-,,,, -..; . .-._,,. ::;t:;-.Lt,;;;‘,'7.,-:t-t;--',:'-':.-..'I'.-'''P.'":_"...., -1.7 ,. h_. :::.--,7--:-,-..,_:--__•-1.,;:,.3.-q,,,,;.y`:-/-ss.c:-_- ,. , -, .i . 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N, . , . tt, , ._ „,. , 1 ' M3132° , -„ ' - , . - _ _. _ . , -- - . -- . ,: -, - - '"...--e —7--....2 .,,- , N e �XlyT1NG a 41, j r;'•'/ 1 ! `., i Cam',..,.r. t � , "�..�;J� �_f` •�fc� ' \s '�+ I, f t v,.A�it t�;; � , ., E?C!5TINCB . CUP,IG{i?ETe 5EAWAALlL CI .. �7Sra' ;aiy c/IP/6 j4( COUNTY OF SUFFOLK 1- �• r © rimE ROBERT J. GAFFNEY JUN ~ 5 2000 SUFFOLK COUNTY EXECUT7 • PHEN . .'NES, A.I.C.P. DEPARTMENT OF PLANNING DIRECTOR 'F PLANNING May 26, 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) Pearlstein, Lawrence 4780 LN'Ielamud, Ron and Susan* 4796 Weber,Nancy* 4801 Moller, William 4805 Robins Island Holdings LLC 4809SE Braverman,Joel 4810SE Cornell, Clifford 4811 Smith(Diane) and Alec(George) 4812 Garbe, George 4815 Wolf, Jeffrey 4819 Robins Island Holdings LLC 4822 Gurney, Thomas* 4896 *Premises should be encumbered by appropriate developmental restrictions to reasonably mitigate any adverse environmental impacts,particularly as set forth by the ZBA. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G.Newman Chief Planner GGN:cc GTCHORNYIZONINGIZONINGIWORKING1LD20001MAY1SD4780 MAY LOCATION MAILING ADDRESS H LEE DENNISON BLDG. -4TH FLOOR ■ P. O. BOX 6100 ■ (5 I 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1 788-0099 TELECOPIER(5 16) 853-4044 OFF04 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 III , Section 100-33- Variance from Determination of Southold Town Building Inspector Special Exceptidn, Article , Section Special Permit Appeal No : 4796 Applicant: Ron and Susan Melamud Location of Affected Land : 18603 Main Road, East Marion County Tax Map Item No . : • 1000- 17-5-3.2 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary), XX 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 swimmingpool and deck in an area other than the required rear yard Copies of Town file and related documents enclosed for your review. Dated : 'M/ / 400 1.f, ilii �- r APPEALS BOARD MEMBER; r �o"f��c$FFOLA''; ' ,����N0 COG ; Southold Town Hall Gerard P. Goehringer, Chairman �1. .y1 53095 Main Road James Dinizio,Jr. y _ P.O. Box 1179 Lydia A. Tortora ��� Southold, New York 11971 Lora S. Collins T' c / ZBA Fax(631)765-9064 George Horning =,01 is 11..." Telephone(631)765-1809 ... .•00° BOARD OF APPEALS TOWN OF SOUTHOLD May 16, 2000 Mr. and Mrs. Ronald A. Melamud 15 Aldbury Drive Upper Saddle River, NJ 07458 Re: Appl. No. 4796 -Variance for Pool Location Dear Mr. and Mrs. Melamud: Enclosed please find a copy of the Board's May 10, 2000 determination regarding the above application. A copy has been forwarded to the Office of the Building Inspector for their recordkeeping. Please contact the Building Department directly regarding issuance of a building permit before commencing any construction activities. If you have any questions regarding the variance process, please feel free to contact us. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department • z 17\ 1E@MOWS ' \ 1 PATRICIA C. MOORE ✓ Attorney at Law 28 51020 Man Road ,2 �' lift i - Southold,New York 11971 Tel:(631)7654330 Fax::(631)765-4643 March 22 , 2000 Southold Zoning Board of Appeals 53095 Main Road Southold, NY 11971 RE: Susan Melamud 18603 Main Road, East Marion, NY SCTM 1000-17-5-3 . 2 Dear Chairman: Enclosed is Affidavit of Mailing with Certified Mail Receipts for the above referenced matter. Also, enclosed is the Affidavit of Posting. Very truly yours, c✓1 PATRICIA C. MOORE PCM/kk Encls . • ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK x In the Matter of the Application of AFFIDAVIT OF Ron and Susan Melamud POSTING (Names of Applicants) 2 � � ��v n� yiRegarding Posting of Sign uponDL5Applicant's Land Identified as1000- 17-5-3.2COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore residing at 370 Terry Lane, Southold, New York,being duly sworn, depose and say that: On the 21st day of March, 2000 , I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon the property, located ten(10) feet or closer from the street or right-of-way- facing the street or facing each street or right of way abutting this property:* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date,which hearing date was shown to be April 6, 2000. (Signature) Patricia C. Moore Sworn to before me this 9 oZ day of March , 2000. (Notary Public) AvittiRETO.RtmrowSIo Only WA State of New Yolk N9.4982528 *near the entrance or driveway entrance of the property, as the area most visible to passerby. • ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of AFFIDAVIT OF Ron and Susan Melamud MAILINGS (Names of Applicants) D C O d E Parcel ID#1000- 17-5-3.2 X IJ _j\\ NAR23 Jill COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Karen L. Klimecko residing at 1265 Brigantine Dr Southold, New York,being duly sworn, depose and say that: On the 21 day of March , 2000 , I personally mailed at the United States Post Office in Southold, New York,by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the () Assessors, or() County Real Property Office Southold NY, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Karen L. Klimecko Sworn to before me this o)a day of March , 2000. otary Public) SWAMC.PUMAS *iUc,State 82e 8of New US OWN it Suffolk 11 �C7C7 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed Thank you. i NEIGHBOR LIST yE@LEMEITTI Susan Melamud 1000-17-5-3.2 MAR 2 3 2000 Orient East Marion Park District ` P.O. Box 27 Orient,NY 11957 1000-17-5-3.3 Donna S. Tweedie 825 Stephenson road Orient, NY 11957 1000-17-1-11.5 Grace K. Lomas P.O. Box 822 Orient,NY 11957 1000-17-1-8 -- T - - -- --- - - _ —_ -_ _ - ,1 Z 4E12 781 2147 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail(See reverse) Sent to Orient-East Marion Park Distriq reet&Number 1i ' .0. Box 27 •ost Office,State,&ZIP Code Orient, NY 11957 Postage $- 5Si Certified Fee //'. YU 7 Special Delivery Fee in Restricted Dehvey Fee °' Retu ,-;5 �' Wh. li,:- `o_ •R um' -.t Showing to Who`,�04\ < Pete,&Addressee's Address t 00.O +OTA M epi F s Ch t.stmark or Date • PATRICIA C. MOORE — Attorney at Law 1- 11@ E Q V E r 51020 Main Road D Southold,New York 11971 Tel:(631)765-4330 Via' 2 3 2020 Fax:(631)765-4643 March 21, 2000 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED Neighbors RE : Susan Melamud 18603 Main Road, East Marion, NY SCTM 1000-17-5-3 . 2 Dear Neighbor: I represent Susan Melamlud regarding her property at 18603 Main Road, East Marion, NY. She is requesting a variance for the installation of a swimming pool and associated decking on the property. We have submitted the required application. The hearing on this matter has been scheduled for April 6, 2000 at 7 : 50 p.m. at Southold Town Hall . Enclosed is the notice of public hearing and a survey of the premises showing the proposed location of the addition. If you have any questions, or you wish to support this application, please do not hesitate to contact me . Very truly yours, PATRICIA C. MOORE PCM/kc Ends. NOTICE OF HEARING RI N ANS SUSAN E VARIANC APDL. # x796 18630 MAIN RIA 1 PROP. SWINdMING POOL with DECK YARD I.,OCA'I'ION (Other H H . than rear yard) THURS. APRIL 6, 2000 7 : 51 ' `, 7:(4/'4-' .S" - - X •- //074, ' - --- _`_ -' - - ���' _ _ ter- _ © O _ - ' " - '; Scale: _1'�_257 . , -, W • a c • • oet ., . - 0 • 0 • =- i �, Proposed Swimming Pool 18'x36' = _ \,�/' _ eyili¢dank i • :Proposed Deck Bridge_ `S�> 31.;i' ` Edge otDisturbed , - ' • i y ' proxy • p .� ,e, -,, '�'• _ '11- V!'oad'' t";,, ���tl ` \ i / 159' 4s.- i ;i_'y; i iter' -`� a s;v, - _ --'-- ' ---, , ., , -- / .\ ' ': Bae „- PI',l' - t, �_' ,,•_:.max, ,• -a-_•�� y. NA , -,_• L F: rD ---:'4 - - _1 , F .-'�.':_ ':.,.� -i'f 's'' - - _ - Y .�,."+. °-ry�—�, - -s-• -• X4444 _ -'�;'F;"'" -�:�,i-"t;n.. . - --'`.'• �;: -. ,,, - - - - eve - .— 2N \ • TRANSMITTAL MEMO PV TO: ZBA Chairman and Members FROM: ZBA Office St4f DATE: Cf._ 5, 01.66401 SUBJECT: File Update - Hearing Calendar of apt• 41-2666—(11-da-44 -d-2 With reference to the above application, please find attached the following new information added to the official ZBA office file: Ji 'if 42324.„ 117.604 Comments: Number of Pages Attached: c� C:\WINDOWS\DESKTOP\ZBA FOLDERS\ZBA\ZBA MEMBERS FROM STAFF\TrMemo.doc r' 'COUNTY OF SUFFOLK SffriL'713(4' ( ,:etitt--3kf-1(60 • ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE SOIL AND WATER Thomas J. McMahon CONSERVATION DISTRICT DISTRICT MANAGER FAX: (631)727-3160 (631)727-2315 Mf - 5kx' 3/29/2000 _.1\c Gerard P. Goehringer Southold Town Hall 53095 Main Road PO Box 1179 • Southold, New York 11971 Re: Melamud swimming pool in a side yard adjacent to the Long Island Sound Dear Mr. Goehringer, We have recently completed an evaluation at the above referenced property as per your request. The property in question is located in a significantly environmentally sensitive area due to its proximity to tidal wetlands and Long Island Sound bluff/beach zone. According to the United States Department of Agriculture' s soil survey for Suffolk County, the dominant soils types in this area are Tidal Marsh and Fill Land/Dredge Material. These soils are typically not suited for building sites with an exception where the highly compressed organic layers have been removed. To determine if these layers have been removed, you may want to contact the United States Department of the Army New York District, Corps of Engineers; most of the major dredging projects are headed by that office. The groundwater elevation for these soils and this site range from 2 feet to ,5 feet below existing grades . This high groundwater elevation may present a problem for subgrade structures and piping. Therefore, you may want to review a more detailed plan of the structure before installation. RIVERHEAD COUNTY CENTER 300 CENTER DRIVE, ROOM N-210 . RIVERHEAD, NY 11901 , Y n ^ r f In addition, we have identified an exploitably vulnerable native plant throughout this parcel and more specifically in the fringes of the area outlined for this new structure. The plant (Opuntia humifusa or prickly pear cactus) has been listed on the NYSDEC' s Division of Lands and Forests Guidance as an exploitably vulnerable plant protected pursuant to section 9- 1503 of the Environmental Conservation Law. Your office may want to contact the NYSDEC' s Division of Lands and Forests for further assistance in the preceding matter. I have enclosed copies of some reference materials for your perusal, and I thank you for requesting the comments of the SCSWCD (Suffolk County Soil and Water Conservation District) . Sincerely, Joseph W. Gabrinowitz Soil District Technician 2 _ , °��9' Page - 42- April 6, P�pj' Board of Appeals Hearings� 9:48 P.M. -Appl. No. 4796 - RONALD & SUSAN MELAMUD This is a request for a Variance under Article III, Section 100-33, based-upon the -I� Building Department's February 11, 2000, Notice of Disapproval and an application for a Building Permit to locate an accessory in-ground swimming pool and deck in an (AT 1 area other than the required rear yard. Location of Property: 18630 Main Road (S.R. 25) East Marion, Parcel 1000-17-5-3.2. CHAIRMAN GOEHRINGER. opened the hearing and asked if anyone wished to ' speak in behalf of the applicants. PATRICIA MOORE, ESQ: (appearing as attorney for the applicants) - I am going to defer to having Mrs. Melamud present most of this and with my supervision and input issues we may comeupwith along the way. _ _ CHAIRMAN: I'll be=right with you. I just want to open this (map) up. MRS. MOORE _:Mr. Melamed is -here--too.- He is ,actually,an Architect and'' has desgned=the pool:= -. __ __ __ - - _-_ - MRS: MELAMUD:.'I'd like to::make a short presentation.-= I` _As was.introduced, I'm a- professional •engineer, Iicensed�=,ih;_the..State_ of_New-'York: -I'm-a Board =Certified Government Environmental Engineer. That's my specialty.' I work _with_ an environmental consulting=_firm and I'm usually on the ot her side of-the fence where_ I'm ._representing__ municipalities with Planning- Board hearings and developers in' = `Zoning'_Board_.hear-ings:. .So__I have interesting 'experience__befdre me., ,-In addition, - -- = - myhusband is-the architectural designer and project so we_should be.able to cover - - - - all==the angles:-"-The-home owner angle, meaning the esthetics of the project and the - ,- environmental-angle and engineering angle where there's a lot of major concerns on ,_ • our:part with the_steps, to_the environment. :,What I'd'like.to do is to speak-mostly , _ from,this presentation package that I presented. It has given you a_lot of information that I don't want to overwhelm or repeat it but like to work from this presentation. ' Does everyone have a copy because I dropped some off? CHAIRMAN GOEHRINGER: No; you should drop some.off because we-only have this and the other ones we took home. MRS. MELAMUD: That's not a_problem. I have a few typos and I'm submitting an - amended presentation. This-is the,amended presentation, there are a few typos in it _ so I'vemarked_it-=up and this I'd-like to-make the official amended presentation. CHAIRMAN GOEHRINGER: OK. - _ = MRS. MELAMUD: We'd like to put a pool on our -property.-- One of the primary - -- reasons--is we -use-the property to assemble our-family-in -the summer time and- -- Page - 43-April 6, «,v ) Board of Appeals Hearings during the months of July and sometimes into August, we noted that there's a lot of jellyfish and we'd like to have a pool to be able to enjoy swimming during those particular periods of time. Placement of the pool in the rear yard is a"major problem from our point of view with respect to both flood considerations and the environment.. There's also some engineering difficulties that we'd like to point out. And some major esthetic problems. Let me just talk about the property first. This first page really presents the case in a nutshell. What we're hoping is that the placement of the pool in the location we've selected; we've worked on it very carefully to make sure it will not affect the any of the neighbors' views and would not have any impact on the environment. And most of this is because the property is very unique in its remoteness, in its location, in its size, and in its placement with the step to the neighbors being at a major distance. There will be no _ _ environmental impacts from the project as we'll talk about in more detail. And y"ou can see from this-board, try to present pictures from every angle. And the property: - sits between two wetland areas. One of course is the Long Island Sound.,and the =° =othe_r is-this:m arch, This is:the picture seen from-Main-Road;-Rt. 25 -=.It,runs=right Tin = Yfror_t °;Out:roac!___comes_opposite -Rt..25, it comes around_ in a horseshoe. and;_we _ =- actUall ark":our-oar_fr-ont in-what -u-Se 16-be-called-"Old:Main -Road'which ;--- " , = abandoned'as_Old Main Road: So you_can4;seethat--we have veiy_little:use`-of;they_ M �':`_.; property from the road. - This--was.-taken at one of the closest distance, -the pictures. The-side-yard- 7-�-_ - setbacks"from _the property are: extremely large as you can see from the site_plan:__. `. We=have 617 foot-of frontage: That was one of-the reasons that we purchased the. - property. It's-absolutely magnificent from its great views of The sound,:and_the lasf=:_ = = thing^we want to-do is-block those magnificent-views. - It has-extremely-large side:, :-= yards:-and it has some limitations -with respect to.where you can place,'a-pool-- - because_of DEC consideration. You have a wetland here, and you . have a_( =):-= ' There's also a seawall in the front of the property like this. You're not allowed to do -- any construction within 75 feet of the wetland, and when-you'relooking at both - wetlands, this is a tidal marsh and this is a tidal wetland and this the more important - of the-two wetlands in,the ranking of wetlands according to the DEC. There's also flood plains,on the property. There's an 11 foot flood plane, a 13 foot flood plain, and a 15 foot flood plain. And what we want to try to do is to keep the_pool as low in the highest possible flood plain, which seems to be the 11 foot flood plain, to minimize any kind of flood impact, and that's what we tried to do with- placement of the property. - - The unique location of the property presents challenges as well as the beautiful advantages. - It's got unique vistas, it's got an unobstructed view of -the - sound,- the land-is-relataively-flat=between the sound and residence._ So anything _= - i Page - 44-April 6, Board of Appeals Hearings that you would put at eye level would be blocking the view of the sound. It's very isolated. You have wonderful privacy. You.'have a 600 foot meadow on. one side, you have the East Marion Park' District, park,land-directly,:to the west; and the land between .the park and our property is vacant. There's only one abutting 'the residential neighbor 'of property which has a house that's about 1,000 feet away. You can go back to the picture I tried to show that from a couple of angles. This is the house. You can see .it over here. This. is the road leading to it from our horseshoe shaped driveway. It's actually a right-of-way. It's not really a,drivable road. ' And if you walk up this road, you take a picture looking down at our house, you can see that it's hardly,visible and it's very screened. It's also difficult,to see the residents from the Main Road., However, there is some major siting constraints, some of which we talked about.; It's a very high water table.. I know you received a Soil Conservation District report. We concur. And we had some soil samples taken and shown on thersurvey that we submitted, and you have a-depth of water table that varies on the property, about we would, expect.to see. it'about 2 to a feet below grade:, So, therefore, we :cannot putt/^in an-in-gd roun '_pool.- It will-present very,-bad ,difficulties with respect-to - 'de-watering .�kdon't`,believe the=;DEC_would have--allowed-us'"to =bui_Id something - _ _g Ines e`So Tif virewciant_to have a-5=:ft. to 6"foot=deeph pool, it mustbe�at least3:to=4 feet'above ground==,The top=-fencing^:of=the`sur oundin_g-pool will be-at : _ about elevationnl4-Which"would be approximatelyeye'level_with__a_person:sitting_on the deck.--We have a_picture-showingthe elevation view of the pool. The_placement_to the side you can see-that the pool:will be at least-at the _ same.level:_ as-the deck on the,,house,=and if it-is found=that ground water is higher =2 = than:2 feet=below grade, then the then,the-Odol might;even-be another-foot higher-into the air. Anotherr'constraint IT"haven't-even-talked -about --minimizing the proximity to both - wetlands. =When-you,place a pool= oranyequipment-in-the-flood`=zone, you, must . bring the electrical_equipment to at least one`foot above-the flood elevation.- So'you want to_try to put the,pool as low an elevation as possible but as far,back in.the flood --zone as .possible.- This is a zero discharge area, and we fully intend to comply with it. We have a DEC Permit for the project that I sent copies of to.the Board,,and it states that it's zero discharge._ We are complying with it because we are tying in full backwash directly to the drywell. And we_need to put'the pool on this side of the property because we have our septic system on the other side of the property; and we have our-drywells over here. It makes:a very easy tie-in to the-drywells and this area of the property is slightly _ _ depressed so you have a little-bit low profile. We want to prevent, any kind of interference with ,existing infrastructures do we don't want to put'it.any where near the-septic system. :__ - So just-to--summarize the advantages-of the location-that we've been talking about. -It doesn't, I have - it avoids,13 foot flood zone: It doesn't totally avoid it but it - • Page - 45-April 6, 2.,.,J Board of Appeals Hearings • minimizes the encroachment into it. It stays mostly within the 11 foot. It's further away from the sound wetland border than if it were placed in the rear yard. And as you can see, the house is very small compared to the entire property. So really this is the rear yard that in which you would comply and if you placed the pool it would be approximately like so. This would be the placement - directly in your line of site and much closer. Significantly closer to the Long Island Sound and even possibly going toward from the 13 into the 15 foot flood zone. By putting it where we want to put it, it has a slightly lower topography. It minimizes the profile of the pool. It will not block our view. It will be screened from the Main Road by existing plantings and there'll be a large buffer area between the pool and the neighboring property. Now I know that there are a couple of submittals that you may have received. One is from the Soil Conservation District ,and I have a copy of that and I'd like to go over the items in that because we happen to agree with what the Soil Conservation District has said. First they say that the dominant soil in this area Tidal Marsh, there is not Fill Land Dredge Material. We checked it. We called up the New York District Corps:of_. Engineers,= they -have no jurisdiction: They said they do not wish.=,toh-s_ee=�the application_and-there's no dredging in the area,and the types of soils are:- .__ T: -_ »_= sandy loam; -and loam and -sand,-and both soils will support a,pool that_above the. gr-ound=_water level. - And the structure that we're putting in has been designed by a_professional engineer__ F have a copy of it. I believe I submitted it to the Board. The next point . they made is about the groundwater elevation andwe agree. We are not putting in - any, subgrade- structures and piping. -There will be none. Every-thirig will=_be underneath the pool in the above-ground section. As far as the plantings are concerned, we did an extensive view of the plantings. I- did contact Paul Stoutenburgh for his expertise on what the plantings - were,_ and although there are some cacti on the property, none of them will be disturbed by this project. And as a mitigation for the minor environmental impact one that I did identify for the DEC in the volunteer to replant all disturbed vegetation. So there will be no net impact on vegetation on the property. So I think that covers all the items in the Soil Conservation report. I know there was another letter. It was sent by Grace Lomas, and we concur with Ms. Lomas's concern where she expresses the concern that a well that -is on an easement on her property should not be used to fill the pool. We totally agree. I am an expert in-water hydrology, and I know that'that would tax the well and could possibly draw down wells in the area. That is why I brought a signed contract from our pool company that says that they intend to fill the pool with water from the _ - outside by truck. So, no pool-filling will be done by our house well. ,41+fy _a,u. Page - 46-April 6, Board of Appeals Hearings hope that addresses, all,your concerns. I'd be happy to answer any questions. , CHAIRMAN GOEHRINGER: I had a discussion with Soil & Water, Conservation, Mrs. Melamud, and they of course also say in the letter that we should go to the Forestry Department of Environmental Conservation. MRS. MELAMUD: Yes. , CHAIRMAN GOEHRINGER: ,I called the - on the lunch hour, the Forestry Department. They said, this area really concerns the Marine Habitat area of the Department of Environmental Conservation. Well, I wasn't successful in getting them. I don't know to what degree both the Conservation Advisory Counsel of the Town of Southold and the Marine Habitat Division of the Department" of Environmental Preservation would do or say in a assisting you in the possible construction, or the movement or the change or whatever situations_ exist. -I will tell you that we are not as well versed, and I am not as well versed as in the construction of pools on a beach area. "You may have seen some applications for roofed areas- = tonight:I_thet .1-.ate; on=-a beach in Mattituck, and very similar to .your ;location._= - , Fortunately;-.none°o#those='favepools-at this_time and some-of tha`properties ar_e_- smell _enou h that the would,,real) not lend-themselves to have. a� ool:_ The probably put=a:hot tub-•in a deck, or something-of that nature. It-concerns me,when- ` see letters from"Soil& Water that rstatethat we should go,to other agencies. , MRS. MELAMUD: Can I--comment on that?_ CHAIRMAN GOEHRINGER: Yes. MRS. MELAMUD:="I have-e-response for you." That-agency was-contacted. When, submittedrny'application-to-the DEC, I asked them how long it would_teke,.andthey _ - I said, oh, -it's_ probably ,going to take four to five months. I said, wow,,why is that - . when it should take -sixty, to ninety days according- to the New York State Code Regulations and they said, oh, because we have to get our experts involved from the Forestry and Wildlife Division, and have them takea look and go out there and do a site review. And in fact, I did get my permit in less time than they .had. said, and when I called, them up to,discuss it, they did say, that that was being done and hope that answers your concern. I'm' concerned about it too. We plan on not disturbing any vegetation at all. - • CHAIRMAN GOEHRINGER: How far will the actual lowest area of the pool penetrate ground? MRS. MELAMUD: One to".two feet: . ., - Page - 47- April 6, 2uu0 Board of Appeals Hearings CHAIRMAN GOEHRINGER: So the actual elevation factor is in line with the deck and the deck is above grade by how much,in your estimate? MRS. MELAMUD: Five feet. CHAIRMAN GOEHRINGER: About five (5) feet? MRS. MELAMUD: I think we have it. CHAIRMAN GOEHRINGER: I didn't measure when I went out there: MRS. MELAMUD: Yes, it's - oh, we have it on here. The top of the deck is 7 ft. 6, the bottom of the deck is 4 feet. CHAIRMAN GOEHRINGER: What kind of plantings are you anticipating on the, we'll refer to it as the road side of the house? MRS. MELAMUD,: Well, we have existing plantings now and mostly:bushes, There = :prickly types of bushes that line the entire.seawall area: �Ifyou look over f ere._and l- -___�___.-= have__some_ pictures of it too,- so -all along- here, are=,pr_ickly.bushes:---They've` not" particularlybloomin ri ht now-but.when the do the 're Very full and I did take some '-- pictures "that- show sort of what they look like, they're =in: here, they're-kind of r squashed right- at the moment--and you can see in here from the property-.they're bushes in here and you can see over here it's got some bushes that surround - = CHAIRMAN GOEHRINGER: -OK. =" MRS. MELAMUD: We were not planning on making any new-plantings,but if you-felt__- - `Tthat was appropriate that would be something we-would be happy to do: -= --- ___ _ CHAIRMAN GOEHRINGER: Let me just say this to you. I didn't-mean,to cut you off, -- I apologize. The hour is getting late and we're still not getting done. -We_.have an - older,very traditional area on that helm and one person of course will always come to mind, and that's Mrs. Steam and I don't even know if she's there anymore. But they have lived,, many people have lived there for many years, and they were use to seeing what they say, and so this is of great concern. Some of them have voiced that opinion by telephone call to me, and some'of them have. I just get that feeling when you hear that there's chatter in the hills, trust me there's chatter-in the hills . regarding the swimming pool, and that's a concern. I don't know'what to tell you-at this particular point because I.am not significantly satified not because you haven't - presented with your credentials the things that you're presenting and I honestly believe-that what you're telling me is the absolute truth. But I don't-know to what degree this is going to upset these people and they are contiguous neighbors. MRS. MELAMUD: We did send letters. Page - 48-April 6, ___O Board of Appeals Hearings . • CHAIRMAN GOEHRINGERI:, Right, I am, aware of that and that generated telephone calls. Let's see what develops throughout the hearing. MRS. MELAMUD: OK, I would like to make one comment along those lines. CHAIRMAN GOEHRINGER: Right. • MRS. MELAMUD: I'm very concerned about the esthetics of the project as well and there is a deed convenant that,requires us to follow certain architectural standards. All such standards will be followed and the pool is going to ( ) from the rendering that we're going to match the decor of the house, the wood of the house and the decking of the house as much of possible. It's not going to impact the view in any way of the neighbors. Whatever they would see if it's built to conforming or non- conforming they would have exactly the same view. So there will be no impact on the point of vieW and since we would be allowed to put it in here, this doesn't,create • any difference in view for those neighbors though. I share their concern and-we plan on making it as estheticas possible. We've spent a lot of money on the house: We cherish=the_house.__We1ovethe-way.that it looks. :We w ouldn't want to>do_anything _= - that disturbed`the neighbors=on the"vieW. CHAIRMAN GOEHRINGER: It's.certainly a unique location: _ _ MRS. MELAMUD: Yes. CHAIRMAN G-OEHRINGER:- There may come a time where we may ask you, or, I may ask you for planting:plan or some sought of plan environmental planting plan on the seawall walFside of`.= _ MRS. MELAMUD: OK; we would be very arnenable.to-that. I think Pat also wanted to_make one point about our-application. that I didn't think of that I think is a valid point. CHAIRMAN GOEHRINGER: Sure and then we'll go to the rebuttal. Yes, go ahead. PAT MOORE: 1 a, went through your files and obviously I didn't submit the application. What I did, I took all of the information that was submitted to the Board and I tried to put it in a context of the standards that have to be met. So try to focus into those standards. One issue that I, one point that I'd like to raise which I think is an issue whether or not a variance is even necessary. The reason that this application was presented to this Board as a variance is that the Building Department considered the detachment of the pool and decking as an accessory • structure from the principal structure. However, if you look at the definetion of and the facts as far as the supplemental regulations with, regard to=decks and patios, if because the structure is connected to the principal structure; the deck that has the • Page - 49-April 6, _ _ J Board of Appeals Hearings • pool as an above ground pool, it should have been be considered as a principal structure because it is all 'integrated. It is all been connectedto the main house. The language, again I cited it in the Memorandum with respect to the specific language, but if this deck did not have a pool included in it, the Building Department would have no qualms about calling it a principal structure. An addition to the main building, as an addition to the decking. The fact that it is connected by that 4 foot bridge is a practical consideration for the construction of the pool in that in your papers as well as in the Memorandum, I point out that engineering and drainage consideration are ( ) separate above ground pool from the foundation from the piers. of the house. So there is a necessity to separate the two are connected as I said by • the decking: So it is all an integrated connnected system and the Building Department when I presented it to them this afternoon as far as why is it that this is not all considered a principal-structure? He said, well you know, it could have been and he says, ask the Board to take a look at it and if you feel that this connection is not an'accessory structure as would be a'pool separately as most of the application _ _ that you receive are pools that are with m' _a'separate decking all 'separated from-the u house. This is an integrated systeand the Building Department-would welcome interpretation that says that there is no variance necessary. So I would_like you to _ look=at_;that ,- Look=at the, language 100-230F which states-that tdeck_and -patio._ -: addition_w hich do not connect two structures-Or building.are:perm itted if_they meet=. -- principal buildin setbacks. So we clearly meet rinci al building setbacks We've got 200- feet from the side_yard._ The `problem, the -reason- thatIey're'here (coughing-inaudible) pool as an accessory structure in the side Yard and - CHAIRMAN GOEHRINGER: The reason being and I'mnot speaking for the Board. I'm speaking for myself is because there's no roof over it. "If it was a_breezeway open.- - = - - PAT MOORE---NO, = _ = -CHAIRMAN GOEHRINGER: Yes,-but if it was a breezeway open or close - BOARD SECRETARY KOWALSKI: Closed, totally enclosed. CHAIRMAN GOEHRINGER: Yes, totally enclosed. PAT MOORE: But the code doesn't. OK, what? BOARD SECRETARY KOWALSKI: It'has to be totally enclosed to be physically connected. ' PAT MOORE: Yeah, well that's actually, that 'language is speific to a garage. . I looked at that and I said, well my memory was or I guess'as I always rememberd it to b.e is, the connection doesn't have to be an enclosure. - ' - Page 50- April 6, 2„„J Board of Appeals Hearings BOARD SECRETARY KOWALSKI: There is an an exception for an 8 x 10 breezeway for a garage? PAT MOORE: I'm sorry, I read it to be that, let's see, here's the language. "In the event of a change from an accessory, storage or garage use to living floor are the breezeway and garage storage area may only be converted by direct access between the rooms and made an integral part of the existing living floor area of the principal building for personal family use.” So that breezeway, that language is specific as to a conversion of a garage and a storage building. So when you look at the paragraph 4, it says, ” deck and/or patio addition to principal building which do not connect to structure." So presuming you're expanding the decking are permitted if they need principal building setbacks. Again, my memory of your language I said, well I thought it had to be more substantial because we just said, the possibility to expand the 4 ft. deck connection to make it a little more, as you say, substantial. But I don't see that language in the Code and certainly, changing this plan, this plan has _ been approved by the DEC and while changing that connection, I don't believe it would be significant to the DEC. I think it's for all proper legal procedure, it should _ _ be referred to them and given to them as a modification to be written into a new permit given the nature of this whole project. So, you know take a-look__at-.that language:- ---_ = CHAIRMAN GOEHRINGER: Alright, so we'll move on to anyone that wants to speak and we'll see what develops. Thank you. Thank you for your presentation. Anybody else would like to._speak-in favor? Anybody like to speak against? Any questions from any Board Members? MEMBER DINIZIO: I'd like to make a-comment if I may. CHAIRMAN GOEHRINGER: Surely. MEMBER DINIZIO: I'certainly agree with you again, Pat, like every month I do. can think of probably five houses right offhand that have almost exactly the same thing and I was wondering as you were speaking, why you were even here because of just that. I think 200 feet away from every conceivable setback is the problem we have. They have already been given the opportunity to build a house there. You know, you're talking about ground water, you're talking about, this is no more than that and a pool is a structure just like everything else because a structure is not a • principal building. It's a structure, it's principal and I just, the comment is basically don't know why these people are here. I think we ought to discuss that before we discuss really anything else beyond that so we're not wasting people's time any further. CHAIRMAN GOEHRINGER: We'll discuss it on the 12th. Page 51-April 6, 2uuJ Board of Appeals Hearings PAT MOORE: I also, I'm sorry, I meant to mention I attached the covenant. There was a I think there was that wonderful letter that refers to covenant that was submitted. There is no such covenant. The only covenant that exists is the one that we've attached, and itwas actually the Stephenson Beach'Association. Apparently when Robert Pelantono (spelling?) was building the house, they wanted to have certain architectural control of it, the look at the house and that the covenant that's on record is one of architectural control. It's agruable that it does not even apply to a pool because it deals with roofing and materials and things like that. However, the language is a little bit on the broad side, and I guess, you know, it could not cause anguish to the neighbors. We will be sumitting it for their review but certainly it could not be arbitrarily withheld considering the fact that it's questionable whether it's even necessary. But that is, again, a covenant is certainly as the Board knows not { something that the Town enforces: However, I'm sure that if you had the, heard the rumblings on the hill, that may be an issue that was sometimes hearsay. It was passed on as a condition that existed. - CHAIRMAN GOEHRINGER: Two quick things. We're missing two pages of the DEC permit. BOARD SECRETARYKOWALSKI: The stamped map is not attached:___ MRS: MELAMUD: Oh,-,I have it with me right now. ' t PAT MOORE: If you don't mind us using the copymachine, we can give you an original - BOARD SECRETARY KOWALSKI: There's a stamp map that the DEC-gives with their approval. That's missing. CHAIRMAN GOEHRINGER: Let me ask you a question, Pat. Is there a problem with your applicants going to the CAC and letting them look at this application to see if there's any specific concerns that they have in reference to screening or the type of screening? PAT MOORE: Well, I can guess because the reason is that the Town Trustees, the CAC does work with the Town Trustees. They submitted an application to the Trustees and the Trustees determined non jurisdiction. That's typically how it's done. Any time someone asks me as a lawyer, oh would you mind giving it to the ( ) for their review, all I see someone causing trouble rather than I think that this application has been fairly reviewed. (Mrs. Melamud gave the Board Secretary the DEC permit, and in reviewing it, it was noted that the map with the "DEC stamp" of approval was missing. Page 52- April 6, 2.. . Board of Appeals Hearings BOARD SECRETARY KOWALSKI: No, the map is missing. It's still not all here. The DEC stamps the map with the permit. MRS. MELAMUD: What map? That's what the DEC set me back. PAT MOORE: The date of the plans are in the language of the DEC. BOARD SECRETARY KOWALSKI: Yes, but they always stamp a map. We see them all the time and that's why - CHAIRMAN GOEHRINGER: You don't have to have it now Mrs. Moore. BOARD SECRETARY KOWALSKI: That's alright, later. We don't need it now. Please send it to us. MRS. MELAMUD: Will this do? BOARD SECRETARY KOWALSKI: That's the one (stamped map) that we're looking for. Thank-you. PAT MOORE:. That's it, good. -Could we just get back the original after the Board looks at it because they'll need it for the Building,Department. BOARD SECRETARY KOWALSKI: Sure, yes, I just want to make a copy of it. CHAIRMAN GOEHRINGER: We're holding that in abeyance.- Mrs. Tortora has a couple of questions. - MEMBER TORTORA: You had said that you had talked to ( ), this letter from Soil & Conservation on the 29th - it did suggest because of the endangered species that your office may want to contact the DEC's Division of Land Enforcement and Forestry. That's why the Chairman did that. If you have talked to them, that's nice, but we don't have any correspondence- MRS. MELAMUD: I understand that. MEMBER TORTORA: - from you indicating that you have and this actually is you know, only a week old. CHAIRMAN GOEHRINGER: You may want to give us an affidavit to that effect. MRS. MELAMUD: I would be happy to do that, and there are stakes on the property and you could see that clearly there's not a single path site even in those stakes. CHAIRMAN GOEHRINGER: Yes, I'm going to go out this weekend and look at it. Page 53-April 6, 2�,JJ Board of Appeals Hearings • MRS. MELAMUD: Oh, please do: ' ' CHAIRMAN GOEHRINGER: Not that I don't believe you, but you understand that we have concerns of people that call us and - MRS. MELAMUD: No, I'm very understanding of it. That's why we're trying to really do everything right for the neighbors. MEMBER TORTORA: The other line in here is that it talks about the dominant soil being "Tidal Marsh and Fill Land, Dredge Material and not suitable for building sites." MRS. MELAMUD: Right. MEMBER TORTORA: And says that the soil are'not suited far building sites. " CHAIRMAN ,GOEHRINGER: Mrs. Melamudsaid, that that's not the case. , MRS: MELAMUD: It's ,not relevant. I have in thesurvey it represents= two�.soil " borings and you'll see that there (Changing tape): .There are 'a, couple of posts, :_everything,is above grade, so that's riot irreleVent: MEMBER TORTORA: Well those were the twe main things'as you know. MRS: MELAMUD: Yes. BOARD SECRETARY KOWALSKI: How old is the survey, did you say? _ MRS. MELAMUD: It was done when the property, when the house was first built. believe which was 94-95. Obviously, I could not get an update. BOARD SECRETARY KOWALSKI: 1990 is probably, right? MEMBER COLLINS: Celentano bought it'in 89. ' ' MRS. MELAMUD: Yeah, so it could have' been. I couldn't get an update because of Mr. VanTuyl. I contacted his office and I got the most updated materials I could. BOARD SECRETARY KOWALSKI: You don't have a new survey? MRS. MELAMUD: No, !don't have any. CHAIRMAN GOEHRINGER: Ms. Collins, anything from you? 3 • Page 54-April 6, Board of Appeals Hearings • MEMBER COLLINS: Yes, I'm afraid I won't be here at our decision-making meeting so-just sort of putting it on the record, I'd ,like to say what I think. I lived in East Marion when the house went up and like everyone else, I was absolutely astounded that it was possible to achieve this. But it looks quite nice, and it fits in. At any rate,, I think that we are frequently asked for permission to put structures, garages, pools, what not, other than in the end rear yard because the lot has a funny shape or funny 'problems and usually these are very•straight-forward cases and generally they have • a good case, and' they usually with certain,amount of squiggeling to put it where it logically belongs. Abstracting from the fact that this is a beach, surrounded by tidal wetlands, is the same kind of case and at that level I have absolutely no problem with it, and .1 think from what we have heard that the applicants intend to make it as physically as-unobtrusive as they can because that makes sense, and I think what it" comes down to is that one of the criteria that we're suppose to consider as a Board i ' is, inpact on the environment and heaven knows, I'm'no expert, and you know, we pay attention to -what the Soil & Water people tell us, and I think this is why the Chairman was raising the question of the Conservation Advisory Council: He was Looking for a little perhaps more, I won't say professional but, you know, people who specialize, Members of this Town Committee in these kind of issues and we were sort of looking to get a little input,_you know, how do we.really,,cross=all the-t's, and, dotted,'all the i's. I'm neutrall on that but not. strongly 'in,-favor of it I don't really= thing it's'necessary,-and I just want to get this out and get it on;the.record that.I don't think it's necessary. One other thing I want to say Mr. Chairman.- I understand that your,phone rings all the time, that's why you don't have an answering machine. But if folks"call you up and tell you their concerns, that's important and interesting but if there not in the record, I'm not terribly inclined, I mean I'll pay,a little attention to • what you're telling me people are saying to you at the post office, but if they really ,. care I'd,like to see it in the-record.- , CHAIRMAN GOEHRINGER: I agree with you, Ms. Collins, and of course I urged them to either reduce it to writing or come to the hearing. But people sometimes are_ very strange that way. My only concern with this project is that of the environment, all right. And most of that, 90% of that is taken care of but I do honestly believe, and I will tell you that I honestly believe that this particular project will not be as,shielded from the road as you think it will be. And for that particular reason, I'm talking about visually when you're riding past, the house looks very pleasing. It is covered, ,but believe honestly that this pool will be quite visible from the road because of its elevation factor and that's a concern to me, and .that is the reason why I was discussing,the issue of planting on that side. MRS. MELAMUD: We would be very amenable to plantings,and also if you wanted • to see the property, if you stand by the road, you'll'see how faint, you won't even be able to see the stakes. That's why we have the stakes up there, bags over them so that they're visible. You really can't see ,the stakes and any,angle'that you drive past, doesn't see that side of the house because the road is slanting in"one direction and the property is slanting in the other. So it's very hard to,see behind to look at Page 55- April 6, 2uud Board of Appeals Hearings where the house, where the pool, would be placed. We'd be amenable to put any additional plantings in. I think if you visit, you'll see that there's some substantial plantings there now. PAT MOORE: And I would also point out that the design of the pool has been done in such a way that it's not a free-standing pool with a bridge in the center. There is the decking and it's going to be integrated into the design of the house. So really it's going to be very esthetically pleasing and not what I think I would visualize as a free- standing pool that my neighbor would put in his backyard. It is an integrated system. CHAIRMAN GOEHRINGER: But you see it's elevated already, Pat, and then you elevate it that much more. We're use to seeing the houses but I'm just saying that from an esthetic point of view. MRS. MELAMUD: One point I would like to go back to the environmental issues _and while we're doing absolutely everything we can on the environment issues, if you place the pool in the back yard, the environmental issues would be worse. CHAIRMAN GOEHRINGER: Oh yeah, oh yeah. • MRS. MELAMUD: And you would be moving more vegetation and it's like ( ) that road. Oh, there is one thing, yeah, one other point that I really would like to bring out. If it were placed in the back yard, in the event of a hurricaine, high tides, flooding conditions, the pool is very -will be very well constructed. However, if there was a catastrophic failure of the pool, it is directly behind the house, it could take the house out. But at directly to the side connected only with a bridge, damage would be to the house would be minimal, damage to the environment would be minimal becaue the water would just flow over sandy area and it's blocked from going any further ( ) wall. PAT MOORE: As you said, if you wanted to meet there - MRS. MELAMUD: We're here for the weekend. PAT MOORE: If you want to take a look and see the vegetation would be - CHAIRMAN GOEHRINGER: No, I'll go back on my own. MEMBER COLLINS: Haven't we all been out there? CHAIRMAN GOEHRINGER: Yes, we've been out there. PAT MOORE: Oh yeah. I mean bring a Christmas tree with you or something, and see what would work - ✓ Page 56- April 6, 2uud Board of Appeals Hearings CHAIRMAN GOEHRINGER: I was hoping and I'm still on hopes but since we don't have a decision on this time and we won't have for a week or so, that maybe you could give me some idea of some environmental plants that would be, you know, of indigenous in that area that would grow other Black Pine which, you know, have these tremendous disease problems and maybe you could submit that to us. MRS. MELAMUD: Right, OK. I'd be happy to. I'll send you a letter about the forestry and the suggestions about plantings. CHAIRMAN GOEHRINGER: Great. PAT MOORE: Would a letter do, or do you want an affidavit? CHAIRMAN GOEHRINGER: A letter is alright. MRS. MELAMUD: Alright, I'd be happy to. PAT MOORE: I mean if you'd like to swear her in, after speaking to them - I could do that as well. CHAIRMAN GOEHRINGER: No, a letter is fine. MRS. MELAMUD: OK, I'll send it right out. CHAIRMAN GOEHRINGER: Good, thank you very much. Hearing no further comment I'll make a motion closing the hearingpending the receipt of those two letters. ' MEMBER COLLINS: Second. See Minutes for Resolution eq/6106 Mrs. a/ud- Presentation to Zoning Appeals Board April 6, 2000 Request for Variance to Construct a Swimming Pool Partially in Side Yard at 18603 Main Road, East Marion, NY Reasons for Variance Request 1. Desire to install pool to enable swimming during July-August, when LI Sound is plagued with jellyfish. 2. Received rejection from Building Department for side yard encroachment. 3. Placement of pool entirely in rear yard would pose several major hardships and difficulties: ❖ Flood considerations (FEMA) ❖ Environmental concerns (NYSDEC) ❖ Engineering/construction difficulties (high water table) ❖ Aesthetic problems (obstruction of viewscape) 4. Placement of pool in proposed location w11 not impact neighbors or other residents ❖ Unique location and size of property ❖ Only one residential neighbor at considerable distance ❖ No visual impacts from Main Road w Unique Location of Property Presents Both Advantages and Challenges ❖ Property encompasses close to 4 acres on the beach, with 617 of frontage on the Long Island Sound . + Side yard setbacks are extremely large—approximately 210 feet between residence and property line on east side, and 350 feet on west side ❖ Property is located between two tidal wetlands –Long Island Sound and Salt Marsh (owned'by Orient-East Marion Park District) + Sea wall in front of property (top of wall at Elev. 11) protects beach from flooding by Bay. ❖ Property situated below Elevation 10 and within 300 feet of wetlands. NYSDEC has jurisdiction over this "Adjacent Area to Tidal Wetlands". ' + No construction,can be done within 75 feet of wetland (High Water Mark and edge of Salt Marsh meadow) + LI Sound is more strategically-important wetlands, according to NYSDEC ❖ Residence and remainder of property located in flood zone.r_ 13- C�� + Residence and proposed pool location in 11-foottelevation flood zone. 1 + Rear yard in 13-foot elevation flood zone. W Unique Location of Property Presents Both Advantages and Challenges (continued) ❖ Unique vistas + Looking northwest, directly facing LI Sound + Unobstructed view of Sound + Land relatively flat between Sound and residence + House situated at Elev. 12.1 (first floor elevation), one foot above flood zone elevation (required by FEMA). ••• Privacy and isolation + 600 feet behind meadow (between Main Road and Old Main Road driveway) + 1,000-foot horseshoe-shaped driveway + Orient-East Marion Park District owns land to the west and south, with LI Sound bordering on the northwest. + Land is vacant between our property and Orient-East Marion Public Beach + Only one neighboring residential property, to the east— a five-+ acre parcel with one house, located about 1,000 feet away from our property line. + Difficult to see residence from Main Road Major Siting Constraints for Swimming Pool ❖ High water table (about 2 feet below grade) limits depth to which pool can be placed. + A five to six-foot deep pool must be at least three to four feet above ground, to minimize construction difficulties and minimize uplift forces on pool. + Top of fencing surrounding pool will be at about Elev. 14 (Elev. 6 to 7 + 4 feet above grade + 4 feet high fencing =Elev. 14 to 15) + The top of the fencing would be at eye level with person sitting on deck, severely impacting view of Sound, if placed directly behind house. It would also obstruct the view from the patio (Elev. 8) ❖ Must minimize proximity to both wetlands (>75 feet), although distance from LI.Sound is,more strategically important to NYSDEC ❖ Must place electrical equipment and controls at least 1 foot above Flood Zone elevation (Elev. 12 (side yard) or Elev. 14 (rear yard), per FEMA ❖ Must route pool filter backwash water to existing drywells (side yard), per NYSDEC ❖ Need to avoid septic tank area on west side of property + Must not preclude future expansion of septic system + Prevent interference with leaching area Advantages of/Justification for Proposed Location for Swimming Pool IS -x, 13" ❖ Avoids 13'-foot flood zone; stays within 11-foot flood zone designation ❖ Further away from Sound wetland border than rear yard placement ❖ Location of electrical equipment will not protrude above pool fencing ❖ Proximity to drywells for routing backwash ❖ Avoids septic tank/leaching area and allows future expansion of septic system ❖ Slightly lower topography; approx. Elev. 5 to 6 (vs. Elev. 8 in rear yard) ❖ Minimizes profile of pool and view impacts ❖ Does not block view from rear deck or grade-level patio ❖ Plantings and topography screen view from Main Road ' ❖, Extremely large side yard imposes hardship by limiting area available for construction ❖ Large buffer area between pool and neighboring property. No difference in visual impacts on neighboring residence if pool located in side or rear yard. q/6/00 Description of Color Photographs P/ S &Jad4d P 18603 Main Road, East Marion 1. Facing north, looking at the front of the property, standing at the north side of the westbound lane on the Main Road (Route 25). This picture shows that the house is at a considerable distance from the Main Road and that the eastern rear side yard of the property will not be visible from the road. 2. Facing southeast, standing on the front porch of the house, looking at the Main Road and depicting neighboring property to the east. There is a large tidal marsh in the front, owned by the Orient-East Marion Park District. 3. Facing southwest, standing on the front porch of the house, looking at the Main Road. 4. Facing north, looking at the Long Island Sound, standing on the rear deck of the house. This beautiful view of the Sound would be obliterated if the aboveground pool were located directly in back of the house, with the top of the pool level with the house deck and the pool fencing above it. 5. Facing northwest, standing on the deck, looking at the LI Sound toward the Orient-East Marion beach, about 1/-mile to the west. The picture shows the remoteness of the property, and that there are no residences between the public beach and the house. 6. Facing northeast, standing on the deck, looking at the LI Sound and the neighboring property. The green and white house in the foreground and to slightly to the right is the closest residence, and is on the neighboring Stephenson property. The photo slows how far away from the proposed pool site the nearest residence is. The photo also encompasses the area on which the pool is proposed. 7. Facing east, standing on the deck, facing the Stephenson house and property. The photo shows how the front of the house faces a stone seawall, which has an easternmost point that juts past the area where the proposed pool would be located. 8. Looking east toward the Stephenson residence, standing on the Melamud easement that leads to our well. The photo shows how well-screened the Stephenson property is from the Melamud property. High hedges and bushes fully shield the house from view of our the rear of our property, including rear side yards. 9. Looking west at the house, standing in the Melamud easement on the Stephenson property. Also depicts excellent screening on Stephenson property, and demonstrates how the proposed pool would not be visible from this vantage point. 10. Facing southeast,taken from the beach behind the house, looking at the stakeout area for the proposed pool. Photo also shows how far away the nearest residences are from the pool. • 11. Looking west at the side of the house, with a portion of the stakeout area visible. Photo shows how the area where the proposed pool would be located is somewhat depressed, reducing the pool profile by 1 to 2 feet, further enhancing aesthetics. 12. Looking northeast at the pool stakeout and LI Sound; depicts the neighboring Stephenson residence. "TRANSMITTAL MEMO ,� TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: aj e, C 020°�? SUBJECT: File Update - Hearing Calehdar of.2/met �,c oma" 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: / C:\WINDOWS\DESKTOP\ZBA FOLDERS\ZBA\ZBA MEMBERS FROM STAFF\TrMemo.doc e Apri 0;� 12L5 V l5 l�J' To: The Southold Town Board of Appeals Re: Application of kon& Susan 1Vlelamud for construction of a swimming pod! Due to health reasons, I am unable to be present at the hearing on the above application scheduled for April 6, 2000 at 7:50 PM. However, I wanted you to be aware of certain restrictions on the use of fresh Water ori the subject property. The Well supplying water to the property is located on my land. In the Original conveyance of the property to Celantano, certain restrictions were placed on the use of said water supply. Specifically, the Use Of the Water from my land is "limited to normal household use by one single familyresidence, and shall hot be used for ari underground irrigation system or in-order to fill any pool which may at a fiiture date be constructed on the premises". We are all concerned in this area With what we consider to be a fragile Water 'supply. If this application is approved; *hat assurances would I and my neighbor's have that Water from said well Would be used only as stipulated in the restrictions? Sincerely, Grace B. Lomas 625 Stevenson Road Orient, NY 11957 GBL/jwl d D 4 (� Ron A. & Susan M. Melamud APR 1 I 2000 15 Aldbury Drive /„�,._ Upper Saddle River,NJ 07458 `�' Tel. (201) 825-8117 April 9, 2000 Town of Southold Zoning Board of Appeals Town Hall 53095 Main Road Southold,NY 11971 RE: 18603 Main Road,East Marion Application for Variance#4796 Supplemental Information Dear Board Members: As requested by Mr. Goehringer at our variance hearing on April 6, 2000, we are herein submitting the following information, in confirmation of our verbal testimony and to discuss our followup activities after the hearing. Specifically, we address the following issues: 1. Letter from Suffolk County Soil and Water Conservation District ' Soil Conditions As I stated at our hearing, soil borings taken on our property in the vicinity of the pool indicated that the soils were combination sand/loam (see site survey submitted with variance application). Please be assured that the support structure for our aboveground swimming pool will be constructed in a manner suitable to the sandy/loamy soils on which it will be placed. The structure will be designed by a New York State-licensed Professional Engineer retained by the swimming pool contractor. Furthermore, when we submitted our application to NYSDEC, I contacted the Army Corps of Engineers office in New York City, to inquire as to whether any dredging had been performed on our property and if a permit application was required. I was told by the COE representatives that no dredging had been done and no permit application was required. Presence of Groundwater We agree with the Soil and Water Conservation District that the groundwater table may be about 2 to 5 feet below grade. That is why we are constructing an aboveground rather than in-ground pool. The pool bottom will extend into the ground no further than 1 to 2 feet, depending on the level of the groundwater encountered during initial excavation. Please note that there will not be any subgrade piping, other than a short run of corrugated flexible pipe from the filter to the drywell, to route backwash water (as required by NYSDEC). This type of piping does not require any structural support or special bedding. Southold ZBA April 9, 2000 Page 2 Presence of Vulnerable Native Plant We have performed a site reconnaissance of the staked area for the proposed pool, and find that there are no readily-visible prickly pear cacti present in this area. Therefore, this "vulnerable native plant" will not be disturbed by the swimming pool project. As stated in our Engineer's Report (submitted with our original application), we will replant all disturbed vegetation. If a prickly pear cactus is found amid the Prunis Maritima that predominate over the area in which the pool will be placed, it will be carefully replanted in an undisturbed area. Please note that NYSDEC has performed an extensive evaluation of our application for a construction permit, and has granted this permit (original was submitted to the Board at the hearing). According to Ms. Carol Farkas, the NYSDEC representative that I spoke with first at the inception of the application process and again later during the review period, NYSDEC had assigned a Wetlands Botanist/Ecologist from their Division of Lands and Forests to visit the site and review the application from the standpoint of endangered species and disturbed vegetation. According to Ms. Farkas, this review was completed prior to the issuance of our permit. 2. Letter from Grace Lomas, Neighboring Resident In her letter to the Board, Ms. Lomas expressed her concern about the use of our private well to fill the swimming pool. I herein confirm that the well will NOT be used to fill the pool or to replace any water lost due to leakage. We have contracted with the pool installer to fill the pool using trucked-in water, and will continue this practice should it be necessary to refill the pool in the future. On April 8, we visited Ms. Lomas and her husband, John, to discuss the proposed swimming pool project, and we reassured them that we would not be using our well to fill the pool. We reviewed the plans with the Lomas', and they told us that they had no problem with our siting the pool near our house, in what the zoning ordinance cites as the side yard. They also stated that they did not feel that any additional plantings were needed to screen the pool from their view, since extensive vegetation is already present along both sides of our driveway, in the vicinity of the eastern portion of the seawall adjacent to the pool. We were able to view the proposed pool site from the Lomas' property, and noted that sufficient screening appears to be already in place. The Lomas' further stated that neither of their neighbors, the Sharmans and the Tweedies (who are also members of their family and with whom they have discussed the project) have any objections to the pool placement. The Lomas' stated that they would be happy to relate their satisfaction with our response and their acceptance of the proposed pool placement with Board members, if desired. They can be reached at (631) 323-2499. We encourage you to contact them to confirm the above information. Southold ZBA April 9, 2000 Page 3 3. Suggestions for Additional Plantings At our hearing, Mr. Goehringer requested us to suggest additional plantings for screening purposes. As stated above, there are extensive plantings already present to screen the pool from view, both from our most immediate neighbors, and from the Main Road. Even though some of the existing vegetation is deciduous, it is consists primarily of densely-placed shrubs, and provides a fairly continuous hedge for screening purposes, even when some of the plants are bare. We invite you to visit the site to observe the existing plantings and confirm their suitability for screening the proposed pool. However, if the Board members still feel that additional plantings are warranted, we offer the following suggestions,which we obtained from experienced personnel at several local nurseries: ❖ Junipers would be suitable for the prevailing soil and salt spray conditions. These bushes are available in 2 and 3-foot heights, and grow at the rate of 1 to 2 feet per year, to an ultimate height of about 4 to 10 feet tall. ❖ Eastern red cedars would also be suitable. These trees are available in 2 to 3-foot heights, and grow to over 10 feet tall at a similar rate to that of junipers. ❖ Leland cyprus trees are another acceptable choice. They are available in 3-foot height, grow somewhat faster than junipers, and reach up to 15 feet tall. ❖ Black pine is a fourth choice, although considerably more expensive. They are available full grown, 8 to 10 feet tall, and 6 to 7 feet in canopy width. Any combination of these plantings could be made. It appears that five to six plantings over an area of about 30 feet in length would provide more than adequate screening for the pool, over and above that already afforded by existing shrubs, some of which are junipers and are green year-round. We trust that this information is helpful to the Board in making a favorable decision concerning the granting of the requested variance for our swimming pool, or in determining that a variance is not needed (as suggested by our attorney, Patricia Moore, at the hearing and as described in the brief that she submitted to the Board). We look forward to hearing from you as soon as possible after your April 12, 2000 work session. In the interim, if you have any additional questions, please contact me at my office, at (212) 539-7071, during daytime hours, or at the letterhead phone in the evening. Very truly yours, 4(4 0`74--- b? Susan M. Melamud, P. . cc: P. Moore, Esq. 5 LS 6 NY(:RR- Part 191 ['R1 U U D 1 of 11 toni APR ® 5 'I 'J.-' 6 t*;7 CRR I Chapter II I Disclaimer I Legend Part 193 [2/3] See also [1/3], [3/3]. Available DEC Guidance: The Division of Lands and Forests Guidance This web page was last updated 06/12/98. Please refer to the Disclaimer and Legend links above. For more information about this posting, contact: The Division of Lands and Forests [Continued from 1/3 (§ 193.3, filed March 17, 1975;repealed, new filed May 22, 1989 eft.30 days after filing-] §193.3 Protected native plants. a. All plants enumerated on the lists of endagered species in subdivision (b) of this section, threatened species in subdivision (c) of this section, exploitably vulnerable species in subdivision(d) of this sectionor rare species in subdivision (e) of this section are protected native plants pursuant to section 9-1503 of the Environmental Conservation Law. The common names contained on these lists are included for information purposes only; the scientific name shall be used for the purpose of determining any violation. Site means a colony or colonies of plants separated from other colonies by at least one-half mile. b. The following are endangered native plants in danger of extinction throughout all or a significant portion of their ranges within the state and requiring remedial action to prevent such extinction. Listed plants are those with 5 or fewer extant sites, or fewer than 1,000 individuals, or restricted to fewer that 4 U.S.G.5. 71/2 minute series maps, or species listed as endangered by the United States Department of Interior in the Code of Federal Regulations. Species Common name Agalinis acuta Sandplain Gerardia Amelanchier x nantucketensis Nantucket Juneberry - Angelica lucida Angelica - Arnica lanceolata Arnica Asplenium viride Green Spleenwort Aster conolor Silvery Aster Betula glandulosa Tundra Dwarf Birch Betula minor Dwarf White Birch Botrychium lunaria Moonwort Botrychium minganense Mingan Moonwort Botrychium rugulosum Rugulose Grape Fern • Boutelouak curtipendula Side-oats Grama Calamagrostis porter/ssp.perplexa Wood Reedgrass Calamagrostis stricta ssp. stricta Northern Reedgrass Carex atratiformis Black Sedge Carex barrattii Barratt's Sedge Carex hyalinolepis Short-line Sedge Carex mitchelliana Mitchell Sedge Carex wiegandii Wieland Sedge F NYC.RR Part 193 f7/R1 , ( PaQP 7 of 11 ' Myrica pensylvanica Bayberry(Candleberry) Opuntia humifusa Prickly Pear(Wild Cactu_; dian Fig rC i ceaw ative Orchids,including: Adder's-mouth (Malaxis) Arethusa(Dragon's-mouth) Bog-candle Calopogon(Grass-pink; Swamp- pink) Calypso (Fairy-slipper) Coral-root Cypripedium(Lady's-slipper) Goodyera(Lattice-leaf;Rattlesnake-plantain) Kirtle-pink Ladies'-tresses (Pearl-twist; Screw-auger) Moccasin-flower(Neve-root) • Orange-plume Orchis Putty-root(Adam-and-Eve) ' Pogonia(Beard-flower; Snake-mouth Scent- bottle) Soldier's-plume Three-birds Twayblade Whipporwill-shoe Orontium aquaticum Golden club Panax quinquefolius Ginseng(Sang) Rhododendron spp. (Native) Azalea Great Laurel(White Laurel) Honeysuckle Pinkster(Election-pink;Pinkster-bloom) Rhododendron(Rosebay) Rhodora Sabatia spp. Bitterbloom(marsh-pink;Rose pink; Sabalia; Sea-pink) Sanguinaria canadensis Bloodroot(puccoon-rott;Red Puccoon) Sarracenia purpurea Pitcher-plant(Huntsman's-cup; Sidesaddle- flower) Silene caroliniana Wild Pink Trillium spp. Bethroot(Birthroot; Squawroot; Stinking Benjamin;Wake-robin) Toadshade Trillium Viola pedata Bird's-foot Violet e. 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' W m _amu, �-- +" c ''.., �..+,. • :.''. ���� t • `f ' .vim P\4K co �( d { 4 * tet:•�3. //yy ^'* 3. L a % P { ; VAPN• / 4.'` 4• -'? $" y "r g l si b o ti i/, X88+; S ,j}'aA f - ' y9 ss�io `r o j Y • �r•�� i` ^CT i. '�'t�a��^HaB S'• / cJ� �•:.�, �' #�y , �`. AO ti' 21C3. Ge � • Rd. CUB • Qo' i s{�.F r. I IJo6. -L-- 717 V DISCLOSURE I, William D. Moore hereby state pursuant to General Municipal Law Section 809 and Southold Town Code Article 10 the following: 1. An application has been submitted by Patricia C. Moore to the Southold Town Zoning Board of Appeals on behalf of Ron and Susan Melamud. 2. Patricia C. Moore is an attorney duly licensed in the State of New York practicing as a sole practitioner with her own clients. She is not affiliated with my law practice. �. Patricia C. Moore is my wife. 4. I am a member of the Southold Town Board. 5. I do not directly or indirectly review, discuss or participate to any extent in the matter before the Southold Town Zoning Board. 6. Patricia C. Moore is compensated for her legal services, at an hourly rate, regardless of the outcome of the case, and her fee is not contingent on the results obtained. Dated: April 6, 2000 1/4 / illiam I. oore l_ ��- APPEALS BOARD MEMBERS oi OFFO�� oo'c,�0� 00 - - Southold Town Hall Gerard P. Goehringer, Chairman $�� G���� 53095 Main Road •o 1-4 • r'! P.O. Box 1179 James Dinizio,Jr. ` y = Lydia A.Tortora r� ,i Southold, New York 11971 Lora S. Collins �� ��� ZBA Fax(516)765-9064 George Horning = 1 * �� d", Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 15, 2000 Suffolk County Soil & Water Conservation District County Center, Room N-210 • Riverhead, NY 11901-2100 Re: Projects in Areas Adjacent to LI Sound - Weber, Lampl, Melamud, Brienza - - Gentlemen: We have received the above applications requesting variances for new construction, proposed in areas adjacent to the L.I. Sound bluff or bank, Town of Southold. Copies of each project sketch are attached together with the County Tax Map of the area. The construction proposed for each project is noted below: Lampl: swimmingpool at 65+-ft. from bluff. Weber: swimmingpool at 63+-ft. from bluff. Brienza: dwelling at 104' to mean high water/LI Sound. Melamud: swimming pool in a side yard adjacent to the LI Sound. Would you please provide evaluations relative to the proposed construction activities, identifying existing soil conditions and providing suggestions to reduce any possible affect on adjacent soil and water areas. The public hearings will be held April 6th, however, if more time is necessary, please let us know and we will ask the applicants for an extension to keep the record open, pending receipt of your evaluations. Thank you. Yours very truly, GERARD P. GOEHRINGER Enclosures CHAIRMAN • Ron A. & Susan M.Melamud 15 Aldbury Drive Upper Saddle River,NJ 07458 Tel. (201) 825-8117 February 21, 2000 Town of Southold Zoning Board of Appeals Town Hall Southold,NY 11971 RE: 18603 Main Road,East Marion Installation of Swimming Pool Application for Zoning Variance To Whom It May Concern: As the owners of the referenced property, we are herein requesting a variance from the Town of Southold Zoning Ordinance, Article 3, Section 100-33, for the installation of a swimming pool and associated decking in the rear of the property, also known as Section 1000 District 017, Block 5, Lot 1/2 on the tax map. We have received a rejection from the Building Department for this project, based on their determination that construction would be within a side yard. We feel that placement of the swimming pool in the rear yard would present several hardships and difficulties with respect to construction, environmental, flooding, and aesthetic standpoints. The enclosed submittal package includes a variety of descriptive and graphic materials that demonstrate the conditions on our property and fully explain our justification for placement of the pool in the proposed location. . We are herein submitting seven(7) sets of the following materials: 1. Application for Appeal, including ZBA Questionnaire and Conflict of Interest forms. 2. Reasons for Requesting a Variance from the Zoning Ordinance — this is a two-page detailed description of the reasons why we feel that compliance with the Ordinance would be difficult and problematic, and why the proposed location is considerably more advantageous. 3. Description of the Project — this document describes the project and associated construction work, and addresses environmental impacts. 4. Copy of "Letter of No Jurisdiction" from Town of Southold Board of Trustees, indicating that the proposed construction is not subject to their jurisdiction, since it is greater than 75 feet from delineated wetlands. 5. Letter of Disapproval from Town of Southold Building Department. Southold ZBA February 21, 2000 - Page 2 6. Site Survey —this survey depicts the current conditions at our property. Please note that this survey does not depict setbacks of the existing residence; these setbacks are shown on the next'item,the project Site Plan. 7. Site Plan — this drawing depicts the proposed swimming pool site, and shows its setbacks from property lines and from tidal wetlands that border the property. 8. Zoning Compliance sketch — this drawing depicts the area that would be compliant with the Zoning Ordinance (i.e., the rear yard, directly behind the house), and demonstrates the relatively small proportion of our property that the compliant area would offer for construction of the pool. The extremely large side yards are also depicted on this sketch. 9. Profile drawing of proposed pool, showing how the pool will be primarily aboveground, with the top of the pool approximately level with the rear deck of the house. 10. Copy of tax map, showing the neighboring properties —the Orient-East Marion Park District to the south and west, and the Stephenson property to the east. 11. Set of 12 Color Pictures —these pictures show the property from the front, rear, and side views, as well as from the neighboring property. The pictures demonstrate the property's uniqueness, isolation, remoteness, and distance of the property from its nearest neighbors and the Main Road. A photo identification sheet is attached to the pictures, describing the view from which they were taken and how they depict that the proposed pool location would not adversely impact the neighborhood. Photos of the pool stakeout are included. 12. Presentation to the Board of Appeals — this is an outline of the presentation that we will make to the Board at our hearing. A check for $150 is also enclosed, as required for accessory structure appeals applications. We appreciate the opportunity to address the Board on April 6, 2000. Very truly yours, -g A. Susan M. Melamud, P.E. Enc. Presentation to Zoning Appeals eals Board April 6, 2000 Request for Variance to Construct a Swimming Pool Partially in Side Yard at 18603 Main Road, East Marion, NY Reasons for Variance Request l: Desire to install pool to enable swimming during July-August, when LI Sound is plagued with jellyfish. 2. Received rejection from Building Department for side yard encroachment. 3. Placement of pool entirely in rear yard would pose several major hardships and difficulties: ❖ Flood considerations (FEMA) ❖ Environmental concerns (NYSDEC) ❖ Engineering/construction difficulties (high water table) ❖ Aesthetic problems (obstruction of viewscape) 3. Placement of pool in proposed location will not impact neighbors or other residents ❖ Unique location and size of property ❖ Only one residential neighbor at considerable distance ❖ Na visual impacts from Main Road Unique Location of Property Presents Both Advantages and Challenges ❖ Property encompasses close to 4 acres on the beach, with 617 of frontage r on the Long Island Sound + Side yard setbacks are extremely large—approximately 210 feet between residence and property line on east side, and 350 feet on west side ❖ Property is located between two tidal wetlands =Long Island Sound and Salt Marsh (owned by Orient-East Marion Park District) + Sea wall in front of property (top of wall at Elev. 11)protects beach from flooding by Bay. ❖ Property situated below Elevation 10 and within 300 feet of wetlands. NYSDEC has jurisdiction over this "Adjacent Area to Tidal Wetlands". + No construction can be done within 75 feet of wetland (High Water Mark and edge of Salt Marsh meadow) + LI Sound is more strategically-important wetlands, according to NYSDEC ❖ Residence and remainder of property located in flood zone. + Residence and proposed pool location in 11-foot elevation flood zone. + Rear yard in 13-foot elevation flood zone. Unique Location of Property Presents Both Advantages and Challenges (continued) + Unique vistas + Looking northwest, directly facing LI Sound + Unobstructed view of Sound + Land relatively flat between Sound and residence + House situated at Elev. 12.1 (first floor elevation), one foot above flood zone elevation (required by FEMA). + Privacy and isolation + 600 feet behind meadow (between Main Road and Old Main Road driveway) + 1,000-foot horseshoe-shaped driveway + Orient-East Marion Park District owns land to the west and south, with LI Sound bordering on the northwest. + Land is vacant between our property and Orient-East Marion Public Beach + Only one neighboring residential property, to the east— a five-+ acre parcel with one house, located about 1,000 feet away from our property line. + Difficult to see residence from Main Road Major Siting Constraints for Swimming Pool ❖ High water table (about 2 feet below grade) limits depth to which pool can be placed. + A five to six-foot deep pool must be at least three to four feet above ground, to minimize construction difficulties and minimize uplift forces on pool. + Top of fencing surrounding pool will be at about Elev. 14 (Elev. 6 to 7 + 4 feet above grade + 4 feet high fencing =Elev. 14 to 15) + The top of the fencing would be at eye level with person sitting on deck, severely impacting view of Sound, if placed directly behind house. It would also obstruct the view from the patio (Elev. 8) ❖ Must minimize proximity to both wetlands (>75 feet), although distance from LI Sound is more strategically important to NYSDEC ❖ Must place electrical equipment and controls at least 1 foot above Flood Zone elevation (Elev. 12 (side yard) or Elev. 14 (rear yard), per FEMA ❖ Must route pool filter backwash water to existing drywells (side yard), per NYSDEC ❖ Need to avoid septic tank area on west side of property + Must not preclude future expansion of septic system + Prevent interference with leaching area r • V 1 . r Advantages of/Justification for Proposed Location.for Swimming Pool ❖ Avoids 13-foot flood zone; stays within 11-foot flood zone designation t ❖ Further away from Sound wetland border than rear yard placement ❖ Location of electrical equipment will not protrude above pool fencing ❖ Proximity to drywells for routing backwash ❖ Avoids septic tank/leaching area and allows future expansion of septic system ❖ Slightly lower topography;approx. Elev. 5 to 6 (vs. Elev. 8 in rear yard) ❖ Minimizes profile of pool and view impacts ❖ Does not block view from rear deck or grade-level patio ❖ Plantings and topography screen view from Main Road ❖ Extremely large side yard imposes hardship by limiting area available for construction ❖ Large buffer area between pool and neighboring property. No difference in visual impacts on neighboring residence if pool located in side,or rear = yard. P q/6/6() A db-enOP MEMORANDUM SOUTHOLD TOWN ZONING BOARD OF APPEALS APPEAL NO. 4796 RON AND SUSAN MELAMUI) REASONS FOR APPEAL Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3 (;b) . The variance should be granted for the following reasons : 1 . No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties , if the variance is granted. The addition of pools to Sound-front properties constitute approximately 25% of the Zoning Board' s applications due to the value of the properties and the common desire to enhance very valuable and unique properties . A review of the areal photograph maintained at the Planning Board office shows that within 1000 feet East and West of the subject property are more than 10 in-ground pools . The subject property is low lying and isolated. The property is surrounded to the south and west by Park District property. The homes to the east are set high on a! hill and p face unobstructed views of the Long Island Sound and Bay, and their view of the applicant' s property are screened by natural vegetation. From Route 25 the Park District property buffers the view of the proposed pool . As is discussed further, the placement of the pool is constrained by physical as well as environmental factors which are unique to this property and not faced by neighboring properties . 2 . The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance . The placement of the pool was carefully reviewed by the DEC, a permit was issued for the proposed location of the pool with appropriate mitigation measues r . The ege owner will be replanting any w�'tidal wetlands, the pool will be constructed primarily above ground to avoid impact on the water table, and v ry-we9lls will be installed to contain any runoff , and e nd -Q to contain backwash to maintain "zero discharge" . The placement of the pool on the east side is necessary due to the existing sanitary system on the west side of the property. The parcel is 4 acres in size, however, constrained by the Old Main Road, the Long Island Sound, the flood zone, and a Sea Wall . The pool is designed as primarily "above ground" , in that the pool will only go 2 to 3 feet into the ground. The depth into ground will depend on the water table which is very high. Consequently the pool and deck may be higher than the first floor elevation of the house . Consequently, blocking the view of the Long The deck addition with an above ground pool in the center of the deck is permitted if it meets the principal building setbacks . The deck addition is over 200 feet from the property line, therefore, the setback is satisfied. This addition does not require a variance if determined to be an addition to the principal structure . 3 . The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance . The side yard is over 200 feet to the property line . Therefore, the intent of restricting structures in the side yard is met . 4 . The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district . The owner prepared an extended Environmental Assessment Form which identified all environmental impacts . The documents provided to the DEC have been included in the ZBA file . The DEC determined that this project did not result in any significant adverse environmental impacts, nevertheless, the applicant offered to and will replant any wetland vegetation in the area of disturbance and will have "zero discharge" into the environment . The issue of threatened or endangered wetland vegetation was identified by the owner, with consultation by Mr . Stautenberg, in the EAF, reviewed by the DEC and addressed in the DEC permit conditions . The soil quality was also addressed in the owner ' s Environmental Assessment Form and provided to this Board in the written materials submitted by the applicant . An issue was raised -regarding the location of the well and impact on the water supply. The Owner is a licensed Professional Engineer and Board Certified Diplomate of the American Academy of Environmental Engineers . Her expertise is in Ground-Water Supply and Treatment . Therefore the owner specifically required in the construction contract for the pool that the pool be filled with outside delivery of water . She' recognizes the importance of protecting the water supply for her property as well as the water supply of her neighbors therefore the wells will not be impacted. 5 . The alleged difficulty was not self-created. The house was constructed by - prior owners , there are no deed covenants which prohibit the construction of a pool . (The C&R' s are herein attached) The only obligation is , private architectural review covenants which may not be unreasonably withheld. 6 . The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant . Protecting the environment while maintaining the waterfront view is of utmost importance to the owners . The application, as proposed, maintains ' both and is the minimal variance practicable given the personall, benefits to the owner of improving and investing in her property. �, Island Sound. In addition, a Sound front property at this location must design within the requirements of the flood zone . The Flood Zone elevations in the rear yard would require mechanicals to be elevated from 13 to 15 feet . Therefore, the placement of the pool in the "rear yard" is impracticable . The DEC and the Town Trustees have issued their respective decisions . The DEC has issued as permit and the Trustees have issued a non- jurisdiction determination. NO VARIANCE MAY BE NECESSARY The deck and pool could be considered an integral part of the principal structure, therefore, the deck and pool would be an addition to the principal structure in compliance with the code and would need no variance . The building inspector has reviewed this interpretation and asks that if the Zoning Board wishes to consider this construction a "principal structure" that he would issue the permit accordingly. If the- proposed deck did not include the pool the addition would have been considered a deck addition and continuation of the principal structure . The four foot "bridge" connecting the decks is required to provide a safe ' distance between the above ground pool and the structural supports of the house (pilings) . Article XXIII Supplemental Regulations 100- 230 (F) deck and/or patio additions which do not connect two structures or buildings are permitted if they meet principal building setbacks . We respectfully request that the Board determine that the deck and, pool addition is part of the "principal structure" therefore no variance is required, in, the alternative that the appeal be granted, together with any further relief that is deemed necessary and reasonable . Thank you, Patricia C . 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'c•V i.�,.n're -•,'max 0.,;;°� �K� '.,,yl.,',t %rt3 —`?5,�V S?%l"`pL`,a`'itrr js'.�.�'t",��'^��;w�;�"y�2�,;�j':�r'a+``-a":�,a�'gv=,' ,,.;:fi��•`: ,', ',ii'=' l„�r>,'t�+y'A. z.< �tr7fr's .t?J:hJs`'7A3,Ly,a'Jr:Sut';t+z�':e+^..;,'�':':nas:it-'..a. i�,'''Y,s,,,:,�.t<+;n3,41 r, u",.d'2':; .{•,, ,. I 1';�7`,;i;,,11 Etrr;A•Yivj` .?.�, I I 3 - New York State Departmi of Environmental Conserv "'Dneotai doh Division of Environmental Permits, Region One c , Building 40-SUNY, Stony Brook, New York 11790-2356 ° [ f, Phone: (516)444-0365 • FAX: (516)444-0360 7G . o� Website: www.dec.state.ny.us Pi`ARs John P.Cahill Commissioner February 29, 2000 Ron A. & Susan M. Melamud . 15 Aldbury Drive , Upper Saddle River, NJ 07458 RE: Permit No: 1-4738-02537/00001 Dear Permittee: In conformance with the requirements of: theStateUniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to, be conspicuously posted at the project site and protected from the weather. : :Very truly yours, 1-4"i„‹.)L, Carol A. Farkas Environmental Analyst CAF/ls Enclosure i St . CEN NEW YORSUSK2000 STATE 0 g47 npARTOFTHEcmm IUA IARII DE UI CD NMI NEW C STATE DEPARTMENT OF ENVIRONMENTAL CONSEF ON DEC PERMIT NUMBER EFFECTIVE DATE 1-4738-02537/00001 February 29, 2000 FACILITY/PROGRAM NUMBER(S) PERMIT EXPIRATION DATE(S) Under the Environmental Conservation Law February 28, 2003 TYPE OF PERMIT ■ New 0 Renewal 0 Modification ❑ Permit to Construct 0 Permit to Operate ❑ Article 15, Title 5: Protection 0 6NYCRR 608: Water Quality 0 Article 27, Title 7; 6NYCRR of Waters Certification 360: Solid Waste Management ❑ Article 15, Title 15: Water 0 Article 17, Titles 7, 8: SPDES ❑ Article 27, Title 9; 6NYCRR Supply 373: Hazardous Waste Management ❑ Article 19: Air Pollution ❑ Article 15, Title 15: Water Control ❑ Article 34: Coastal Erosion Transport Management ❑ Article 23, Title 27: Mined ❑ Article 15, Title 15: Long Land Reclamation 0 Article 36: Floodplain Island Wells Management ❑ Article 24: Freshwater Wetlands ❑ Article 15, Title 27: Wild, ; 0 Articles 1, 3, 17, 19, 27, 37; Scenic and Recreational Rivers IN Article 25: Tidal Wetlands 6NYCRR 380: Radiation Control PERMIT ISSUED TO TELEPHONE NUMBER Ron A. & Susan M. Melamud (201) 825-8117 ADDRESS OF PERMITTEE 15 Aldbury Drive, Upper Saddle River, NJ1 07458 - CONTACT PERSON FOR PERMITTED WORK TELEPHONE- NUMBER NAME AND ADDRESS OF PROJECT/FACILITY - - - V - V - Melamud property, 18603 Main Road LOCATION OF PROJECT/FACILITY 'n East Marion , COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk Southold Long Island Sound DESCRIPTION OF AUTHORIZED ACTIVITY: Construct swimming pool with deck. All work is to be doneIn•accordance with the attached plans stamped NYSDEC approved. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2 & 3) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: ADDRESS George W. Hammarth (CAF) Building 40, SUNY, Rooth 121; Stony Brook, NY 11790-2356 AUTHORIZED SIGNATU����ti„r.aG,G' DATE February 29, 2000 Page 1 of 4 NEW YORK STA :PARTMENT OF ENVIRONMENTAL CONSERVATION NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and-Agrees to Indemnification The permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, agents, and assigns for all claims, suits, actions, damages, and costs of every name and description, arising-out of or resulting from the permittee's undertaking of activities or operation and maintenance of the facility or facilities authorized by the permit in compliance or non-compliance with the terms and conditions of the permit. Item B: Permittee's Contractors to Comply with Peri-bit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. - Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights,title, or interest in real or personal property held or vested in a person nota parry to the permit. • GENERAL CONDITIONS General Condition 1: Facility Inspection•by..the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department-of Environmental,Conservation (the;Department) to-determine• whether the permittee is complying with this permit and;the ECL..Such representative may orderthework suspended _ _ pursuant to ECL 71-0301 and SAPA 401(3). • !L ; ;-° ,- The permittee shall provide a person to accompanytreDepartment's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced mass;:drawings'and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to'Other Department Orders and Determinations Unless expressly provided for by the Department;issuance,:of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. - General Condition 3: Applications for Permit Renewals or•,Xllodifications The permittee must submit a separate written application'to.the Department for renewal, modification or transfer of this permit. Such application must include any forms:or;supplemental information the Department requires. Any renewal, modification or transfer granted by the Department,must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of pe'rmits`toi''State-Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste W Management Facilities (SMF); and"' '`•' ''" b) 30 days before expiration of all other perm_it types,.; - Submission of applications for permit renewal or' ddification are to be submitted to: NYSDEC Regional Permit Administrator, Reg n4 •SUJNY'Bldg#40, Stony Brook, NY 11790-2356 General Condition 4: Permit Modifications,Suspensions and Revocations by the Department The Department reserves the, right to modify, suspend or_revoke this permit. The grounds for modification, suspension or revocation include: • a) the scope of the permitted activity is exceeded-or a`violation of any condition of the permit or provisions , of the ECL and pertinent regulations is found;-'=`; "' ''• b) the permit was obtained by misrepresentatidfi'-or failute to disclose relevant facts; c) new material information is,discovered; or ' - ' d) environmental conditions, relevant technology, or-applicable law or regulation have materially changed since the permit was issued, ;•'r ;; DEC PERMIT NUMBER - ' ' 1-4738-02537/00001 -. i• •. ).., PAGE 2 OF 4 APERMIT 1W,rev.6/99 NEV K STATE DEPARTMENT OF_ENVIRONMENTAL CONSE"'""-ION ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15(TITLE 5),24,25,34 AND 6NYCRR PART 608 (TIDAL WETLANDS) 1. If future operations by the State of New York require:an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of;Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obt&uctidns,"or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this'permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall,without expense to the State, and to such extent and in such time and manner as the Department•of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 2. The State of New York shall in no case be liable for any damage.or•injury to the structure or work herein authorized which may be caused by or result from future operations'undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 3. Granting of this permit does not relieve the applicant Of the responsibility of obtaining any other permission, consent or approval from the U.S.Army Corps of Engineers,_U.S. Coast Guard, New York State Office of General Services or local government which may be required. 1 j+l 4. All necessary precautions shall be taken to preclude co iteminatidh%of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings,J)aints,'`concrete, leachate or any other environmentally deleterious materials associated with the project. • 5. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway'or''floodplair or deep holes that may have a tendency to cause damage to navigable channels or to the banks of e waterway 6. There shall be no unreasonable interference with-navigation'by the work herein authorized. 7. If upon the expiration or revocation of this permit, the.project hereby authorized has not been completed, the applicant shall,without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or anyportion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 8. If granted under 6NYCRR Part 608, the NYS Department bf•EnVironmental Conservation hereby certifies that the subject project will not contravene effluent limitations or,other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 9,5-2;1,7).provided that all of the conditions listed herein are met. 9. At least 48 hours prior to commencement of the project, the perrnittee and contractor shall sign and return the top portion of the enclosed notification form certifying that�they`areully aware of and understand all terms and conditions of this permit. Within 30 days of completion'of project, the bottom portion of the form must also be signed and returned, along with photographs of-the-completed work and, if required, a survey. 10. All activities authorized by this permit must be in st 'ict;conformance with the approved plans submitted by the applicant or his agent as part of the permit application,,,',, , , Such approved plans were prepared by Ron A. &Susan M'. Melamud on January 2000. DEC PERMIT NUMBER PAGE 3 OF 4 1-4738-02537/00001 . , NE, - 'RK STATE DEPARTMENT OF ENVIRONMENTAL CONE---.-LTION SPECIAL CONDITIONS 1. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland)and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands and or protected buffer areas. 2. The storage of construction equipment and materials shill be'confined to within the project work site and or upland areas greater than 75 linear feet from the tidal wetland boundary:-` 3. There shall be no draining of swimming pool water direcfly oriridirectly into tidal wetlands or protected buffer areas. „v.i lig �l y� t, •�1 lig„ :'vf` •Y'. . {; •r ,, d . • DEC PERMIT NUMBER PAGE 4 OF 4 • 1-4738-02537/00001 Pia1/CE OF COAMENallialLOP COlW IItUG 110/u Itisl'iJItN'171IS FORM TO: Regional Manager Bureau of Marine Habitat Protection 11111111110 New York State Department of Environmental Conservation Bldg. 40-SUNY, Room 223 Stony Brook, NY 11790-2356 )oho P.Cahill Commissioner PERMIT NO.: -oa 537 a I ISSUED TO: Ron SLScmJ T•etc m I ���� (kJ CONTRACTOR NAME: ADDRESS: TELEPHONE: Dear Sir: Pursuant to Supplementary Special Condition D of the referenced permit, you are hereby notified that the authorized activity shall commence on . We certify that we have read the referenced permit and approved plans, and fully understand the authorized project and all permit conditions. We have inspected the project site and can complete the project as described in the permit and depicted on the approved plans in full compliance with all plan notes and permit conditions. 'Ther Permit sigh, permit, and approved plans will be available at the site for inspection in accordance with General Condition No. I. PERMITI'FE DA'Z'E CONTRACTOR DATE THIS NOTICE MUST DE SENT TO TILE ABOVE ADDRESS AT LEAST TWO DAYS IN ADVANCE OF COMMENCEMENT OF THE PRO f i7 FAILURE TO RETURN THUS NOTICE, POST Tills PERMIT SIGN, OR IIA VIs THE PERMIT AND APPROVED PLANS AVAILABLE A'' WORK SITE MA I'SUBJECT 1'111?PERMITTEE TEE AN1)/OR C'ONT1IAC1OR TO APPLICABLE SANCTIONS AND PENALTIES ES l OR N941 COMPLIANCE IlTfll PERMIT CONDITIONS. Cut along this line N_Q11CC OESDAIPLETIOME CONN.IBUCI[QN • 11111111111 ItE'l'URN THIS FORM TO: Regional Manager NNW Bureau of Marine Habitat Protection New York Stale Department of Environmental Conservation John P.Cahill Bldg. 40-SUNY, Room 223 Commissioner Stony Brook, NY 11790-2356 PERMIT NO.: Pirl3g—Oa53(1 . J 1 ISSUED TO: ►0 . S s, 1l♦ a u,G CONTRACTOR NAME: ADDRESS: • • TELEPHONE: Dear Sir: Pursuant to Supplementary Special Condilioii'D of the.referenced permit, you are hereby Untitled that the authorized activity was completed on • We have fully complied with the terms and conditions of tiler permit and approved plans. PERMI'CI'EE I)A'l'l CONTRACTOR DA'i'I's VHS NOTICE, WITH PHOTOGRAPHS OF COMPLETED WORK ANI)/OR A COMPLETED SURVEY',AS APPROPRIATE, MUST Ills SENT To Tills Arlo VIE ADDRESS WITHIN 30 DAYS OF COMPLETION OF TILE PROJECT. FAILURE TO 1)0 SO WILL RESULT IN A COMPLIANCE INSPECTION ill'NYSI)EC STAFF. &lei An as-built survey is required for the following categories of new construction:single family dwellings and additions,septic systems,decks,pools,bulkheads 95-20-1 (8187)-9d New York State Department of Environmental Conservation E The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Regional Permit Administrator Permit Number Da II/ I JOHN W. PAVACIC Expiration Date (21,284003 NOTE: This notice is NOT a permit ( k•:, . , •:::' . . • „:'; • :,:::: ,. . . : •. • ' Project Name: 18603 Main Road—Prrsed Swimming Pool own'of Southold)" Waterbody: Long Island Sound • Village: EastMarion,NY __ . _ , • . Applicant: Ron A.and Susan M.Melamud , Date: January,2000 ' District: 1000 , Block: 017 Lot: 5 I • , : . , / • ,• I 1, [ , . . , ., .,. • . . 1......---,—'• .. . : . : ,------ r ,,,,........—.............--0'—' ---•i,....,1 ..............-----.--".. r4 , t.I C"I , , "" "I"."..416. :, , , • . . se=s1.--..--KL--0"••••••"'"-- • . . • . , — 1 . - - ------ . • , .-iX:- ,,....4 ' 7i) • (NI . m, ,.:• ; Scale: lt!' =25" , . V V _ . . . . ...., . , • . .. . ; .,....4 . .., . ' o . ;i. e...4 NI• „. ;; • 111'1; , • el.•, , •; :••• „ t4t yr tf te.VS 4tof ;W•;• ,, „ APPROVED AS PER TERMS •....:''' , AND CONDITIONS OF 1:;:•:•; . Pool=18!x36' PERMIT NO. /-,-/,237 -(3,2- 32/6d/ I .., ' titr44 DATE 2- (Os • ; iiiro)c). 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' . mfeog,i.,...,, - .„:„;,,,,,,,,z4„..,!,,,,,, ..,.,,, . ...:.4,,. • 1.,{ •,/,,•:., - ;:.' .• ; ';;;WN,,:),•';;,;?'it.';:,. 4;:1;;.••••.••••;;It,i.;; ; ': :•• ••-••'•• .., 1ft;;;":'::,",, ' . . ,, •;'‘Ii;;;;,,•?,;;;;;;Wt:;-; '• ' •• t;,,,,,; ; '„,';;;.:;•' ''.,';,,' ,•'•; ;;;;;•:;;;t:• ';'.it;,;,', , V. '' ,, •., ' V;;i0P i:f.0,.:A. 1 • ;• ;" '' ,'' • , , 803 ;0;!;';'• ' • , , , ';'": „ ,,;,,••:,.,:;;;,•::;, ,,, , • , ',..:•;.:,; •:,;;;;;;c, .. . , . , ,• , ' ;,;:t;;i ,:•i';; • , , ••'.;•::i;;,;•;';:',;;, . , , ,;; 1,;•: :; 1,,• , ., . , . , •, : l •,;;;;,,ic ;::::0, •, ^''';, '• ' , , • "';;;;• ;, ;„;;, :;'::5 • ;;•;:';,•.' :ffl i 4', 1' ' . . , • .::•:.: . :.:;,. .;.:•:,:, . . ,"::• 'e: ‘:4:. :•,: ,. :-., • . „ •:i•• .:.:•.,.. ..:',...1;. , •:.,,• ::.., ..,:, , . ,,,, ,, • :,•:••••• -, :. , : • , •:,.e.•,•. :•:,:g. , • ..:,i; :,•,,:.;::• ':',s'ii, .:. , ,;:•;; :..,::: . I ELIZABETH A.NEVILLE e�� ,.` �` Town Hall, 53095 Main Road TOWN CLERK ; ` �, P.O. Box 1179 . 4+ Southold, New York 11971 REGISTRAR OF VITAL STATISTICS ® i,.. MARRIAGE OFFICER 4 �� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER ;� � � Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville, Southold Town Clerk DATED: March 1, 2000 RE: Zoning Appeal No. 4796 Transmitted herewith is Zoning Appeal No. 4796 - RON A. g SUSAN M. MELAMUD for a variance. Also included is: ZBA Questionnaire; Disclosure Form; copy of Building Permit Application; letter of transmittal from the Melamuds dated February 21, 2000 along with paperwork stating the reason for the request, description of the project, presentation for ZBA meeting of April 6, 2000; Notice of Disapproval dated February 11, 2000; Determination of Non-Jurisdiction from the Board of Trustees, dated January 11, 2000; survey with plans; location on tax map; colored photos with descriptions; and plans. Town Of Southold P.O Box 1179 1 Southold, NY 11971 * * * RECEIPT * * * Date: 02/29/00 Receipt#: 150 Transaction(s): Subtotal 1 Application Fees '/ 7 9,( $400.00 Check#: 150 Total Paid: $400.00 Name: Melamud, Ron &Susan 15 Aldbury Dr Upper Saddle River, NJ 07458-2103 Clerk ID: LINDAC Internal ID•2966 Description of Color Photographs 18603 Main Road, East Marion 1. Facing north, looking at the front of the property, standing at the north side of the westbound lane on the Main Road (Route 25). This picture shows that the house is at a considerable distance from the Main Road and that the eastern rear side yard of the property will not be visible from the road. 2. Facing southeast, standing on the front porch of the house, looking at the Main Road and depicting neighboring property to the east. There is a large tidal marsh in the front, owned by the Orient-East Marion Park District. 3. Facing southwest, standing on the front porch of the house, looking at the Main Road. 4. Facing north, looking at the Long Island Sound, standing on the rear deck of the house. This beautiful view of the Sound would be obliterated if the aboveground pool were located directly in back of the house, with the top of the pool level with the house deck and the pool fencing above it. 5. Facing northwest, standing on the deck, looking at the LI Sound toward the Orient-East Marion beach, about 1/-mile to the west. The picture shows the remoteness of the property, and that there are no residences between the public beach and the house. 6. Facing northeast, standing on the deck, looking at the LI Sound and the neighboring property. The green and white house in the foreground and to slightly to the right is the closest residence, and is on the neighboring Stephenson property. The photo shows how far away from the proposed pool site the nearest residence is. The photo also encompasses the area on which the pool is proposed. 7. Facing east, standing on the deck, facing the Stephenson house and property. The photo shows how the front of the house faces a stone seawall, which has an easternmost point that juts past the area where the proposed pool would be located. 8. Looking east toward the Stephenson residence, standing on the Melamud easement that leads to our well. The photo shows how well-screened the Stephenson property is from the Melamud property. High hedges and bushes fully shield the house from view of our the rear of our property, including rear side yards. 9. Looking west at the house, standing in the Melamud easement on the Stephenson property. Also depicts excellent screening on Stephenson property, and demonstrates how the proposed pool would not be visible from this vantage point. 10. Facing southeast,taken from the beach behind the house, looking at the stakeout area for the proposed pool. Photo also shows how far away the nearest residences are from the pool. 11. Looking west at the side of the house, with a portion of the stakeout area visible. Photo shows how the area where the proposed pool would be located is somewhat depressed, reducing the pool profile by 1 to 2 feet, further enhancing aesthetics. 12. Looking northeast at the pool stakeout and LI Sound; depicts the neighboring Stephenson residence. . . i I,,' ' �� '" a ♦I s. �•. I , , • ,;104 • I .•sib . 0, �.-- i ... .. -�y- ::-�:.:.w ,..,.,I x-r.+wlM1+"MrJ"i�., wx�,l ..N• .- ,n.+..:Wr y '9�w.r"am•• t ,, :4,1 �" ' w !G :..r" yMy�wh. ., M�yryrvlIInIMt Po 1wN Ir7IMI�II�I ir"N � A„IA� „.,,�x "dgy h+ lil h” ro 0,....14A-3," , -.:":7;.7,...!"..... . wr ,, ��1 .,II" ,N � ' r lM ''41'-'' d '' ' • J r .. ....,, '•x+ ' w 'xweWw 'p-'ai 'w "*+.pll'A N ,yrur wn,i.« L1 .. nM Y!x+"N4F N"I ^aww'VL,p l m ndu 6 Huw J iM� G V l t V • a ww ' - . 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' • • ' • -,4,4e; •;. ' •3•:',,iiiel .-.7„.,,Aire., , .40,1„ ., .46%. , pErwil ... ,,.., ...I'. ' .. ' A_si,• -• • , ,' "` .. ...: , ,•-- ---',."71:4,.Fe. ,.7 ''44,1, '''''‘?4-' -.--' ' ' - • '''' - -7- ... , - '4'7' '4, , '`'`''''-- • '' • ' ............ 'If' - - .. , . . -- ... .... , .• _ ,, , . ...•1 , r _ . .., , ,I . .. -•_,. . . _.•". • .... . . - -- • . .. ... • • 1 1 , ..1 . . .. • a 1 ' : ' • 'la ' ' .'."' ft W .,,,... I T Kr . , I 4r I„ ' . . .. ..... , 4 r —7., itill .4111 t L._.. I ,, ,....., • ---...., , ,,,, .,,,.i3O „:„,1,.: :tiii, . • . . , 1 — . , /I i) .i.411M1 311 Ron A. and Susan M. Melamud 16Ie) 15 Aldbury Drive v'()( Upper Saddle River, NJ 07458 Tel. (201) 825-8117 March 10, 2000 Town of Southold Zoning Board of Appeals Town Hall Route 25 Southold,NY 11971 RE: Application for Variance for the Construction of a Swimming Pool at 18603 Main Road,East Marion,NY Dear Board Member: In our application to the Zoning Board of Appeals for the subject variance, which we submitted on February 26, 2000, we noted that a permit from the New York State Department of Environmental Conservation (NYSDEC) for construction of the proposed project was pending. We have now received this permit, and we are enclosing seven copies for your review in considering our variance request. The permit allows construction of the proposed swimming pool and associated decking on our property, which is designated an "Adjacent Area to Tidal Wetlands", since is located within 300 feet of the Long Island Sound. The "approved plan" to which the permit refers is the same Site Plan that we have sent to the Board in with our application for a variance. We hope that this information is helpful to the Board, and we look forward to our hearing on April 6,2000. Sincerely, (5,44,,o—n--7/7)77_f_lot Susan M. Melamud cc: Patricia Moore, Esq. New York State Departr—nt of Environmental Conse--- tion ectal Co' Division of Environmental I mits, Region One e �) " Building 40-SUNY, Stony Brook, New York 11790-2356 1 Phone: (516)444-0365 • FAX: (516)444-0360 7G \= ,oma• ' Website: www.dec.state.ny.us }TAO John P.Cahill Commissioner February 29, 2000 Ron A. & Susan M. Melamud 15 Aldbury Drive Upper Saddle River, NJ 07458 RE: Permit No: 1-4738-02537/00001 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. . Very truly yours, -rte Carol A. Farkas Environmental Analyst CAF/ls Enclosure CWr0RK2000STATE ENfBSUS •.q+irsros Avs .,• a1 4 1�• :4 BE PART OF THE COUNT ,,f HG PAAIT BI LA CUTNW "'" YORK STATE DEPARTMENT OF ENVIRONMENTAL COY;fm{ATION • DEC PERMIT NUMBER ' EFFECTIVE DATE 1-4738-02537/00001 February 29, 2000 FACILITY/PROGRAM NUMBER(S) PERMIT EXPIRATION DATE(S) Under the Environmental Conservation Law • February 28, 2003 1 TYPE OF PERMIT ■ New 0 Renewal 0 Modification 0 Permit to Construct 0 Permit to Operate ❑ Article 15, Title 5: Protection 0 6NYCRR 608: Water Quality 0 Article 27, Title 7; 6NYCRR of Waters Certification 360: Solid Waste Management O Article 15, Title 15: Water 0 Article 17, Titles 7, 8: SPDES 0 Article 27, Title 9; 6NYCRR Supply 373: Hazardous Waste Management ❑ Article 19: Air Pollution ❑ Article 15, Title 15: Water Control 0 Article 34: Coastal Erosion Transport Management ❑ Article 23, Title 27: Mined ' ❑ Article 15, Title 15: Long Land Reclamation 0 Article 36: Floodplain Island Wells. - Management ❑ Article 24: Freshwater Wetlands O Article 15, Title 27: Wild, ❑ Articles 1, 3, 17, 19, 27, 37; Scenic and Recreational Rivers ■ Article 25: Tidal Wetlands 6NYCRR 380: Radiation Control PERMIT ISSUED TO TELEPHONE NUMBER Ron A. & Susan M. Melamud (201) 825-8117 ADDRESS OF PERMITTEE 15 Aldbury Drive, Upper Saddle River, NJ 07458 CONTACT PERSON FOR PERMITTED WORK • TELEPHONE NUMBER NAME AND ADDRESS OF PROJECT/FACILITY Melamud property, 18603 Main Road LOCATION OF PROJECT/FACILITY East Marion " COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk Southold Long Island Sound DESCRIPTION OF AUTHORIZED ACTIVITY: Construct swimming pool with deck. Allworkis to be done in accordance with the attached plans stamped NYSDEC approved. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2 & 3) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: ADDRESS " George W. Hammarth (CAF) Building 40, SUNY, Room 121, Stony Brook, NY 11790-2356 AUTHORIZED SIGNATT0214410#47 DATE F February 29, 2000 Page 1 of 4 • NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, agents, and assigns for all claims, suits,actions, damages, and costs of every name and description, arising out of or resulting from the'permittee's undertaking of activities or operation and maintenance of the facility or facilities,authorized by the permit in compliance or non-compliance with the terms and conditions of the permit. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item'D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person nota party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). - - The permittee shall provide a person to accompany;the Department's representative during an inspection to the permit area when requested by the Department. - A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department;issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. • - • General Condition 3: Applications for Permit Renewals or•.Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits-for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste • Management Facilities (SWMF); and' b) 30 days before expiration of all other permit types. ' Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region,1, SUNY Bldg#40, Stony Brook, NY 11790-2356 ;• s. General Condition 4: Permit Modifications,Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or.:revoke this permit. The grounds for modification, suspension or revocation include: a) the scope of the permitted activity is exceeded'or a violation of any condition of the permit or provisions of the ECL and pertinent regulations is found;' b) the permit was obtained by misrepresentation br failure to disclose relevant facts; c) new material information is discovered; or d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued. DEC PERMIT NUMBER - PAGE 2 OF 4 1-4738-02537/00001 - • - APERMIT TW,rev.6/99 NEW YORK STATE DEPARTMENT OF.ENVIRONMENTAL CONSERVATION ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15(TITLE 5),z4,25, 34 AND 6NYCRR PART 608 (TIDAL WETLANDS) • 1. If future operations by the State of New York require an alteration in the-position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health,-safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions,'or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal ' or alteration. ' 2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or'for other purposes, and no claim or right to compensation shall accrue from any such damage. . 3. Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission,•consent or approval from the U.S.Army Corps of Engineers, U.S. Coast Guard, New York State Office of General Services • or local government which may be required. 4. All necessary precautions shall be taken to preclude contaminatian'of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 5. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leavinglarge refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. - 6. There shall be no unreasonable interference with navigation by the work herein authorized. 7. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall,without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any-portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. - 8. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977(PL 95-217) provided that all of the conditions listed herein are met. 9. At least 48 hours-prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 10. All activities authorized by this permit must be in strict conformance with the approved plans submitted 'by the applicant or his agent as part of the-permit application. : - • . Such approved plans were prepared by Ron A. &Susan M. Melamud on January 2000. DEC PERMIT NUMBER PAGE 3 OF 4 1-4738-02537/00001 ' • NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION - SPECIAL CONDITIONS L 1. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland)and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands and or protected buffer areas. • 2. The storage of construction equipment and materials shall be confined to within the project work site and or upland areas greater than 75 linear feet from the tidal wetland boundary.- - 3. There shall be no draining of swimming pool water directly or indirectly into tidal wetlands or protected buffer areas. DEC PERMIT NUMBER PAGE 4 OF 4 1-4738-02537/00001 Ron A. and Susan M. Melamud 15 Aldbury Drive Upper Saddle River, NJ 07458 Tel. (201) 825-8117 . March 10, 2000 Town of Southold Zoning Board of Appeals Town Hall Route 25 Southold,NY 11971 RE: Application for Variance for the Construction of a Swimming Pool at 18603 Main Road,East Marion,NY Dear Board Member: In our application to the Zoning Board of Appeals for the subject variance, which we submitted on February 26, 2000, we noted that a permit from the New York State Department of Environmental Conservation (NYSDEC) for construction of the proposed project was pending. We have now received this permit, and we are enclosing seven copies for your review in considering our variance request. The permit allows construction of the proposed swimming pool and associated decking on our property, which is designated an "Adjacent Area to Tidal Wetlands", since is located within 300 feet of the Long Island Sound. The "approved plan" to which the permit refers is the same Site Plan that we have sent to the Board in with our application for a variance. We hope that this information is helpful to the Board, and we look forward to our hearing on April 6,2000. Sincerely, /i? nom Susan M. Melamud cc: Patricia Moore, Esq. 3///, LJZ New York State Depart nt: of Environmental Consu-Jtion Feotai co°s Division of Environmental 'F-emits, Region One Building 40-SUNY, Stony Brook, New York 11790-2356 0 m Phone: (516)444-0365. • FAX: (516)444-0360 7G� Joy Website:www.dec.state.ny.us ITARs John P.Cahill • Commissioner February 29, 2000 Ron A. & Susan M. Melamud 15 Aldbury Drive Upper Saddle River, NJ 07458 } RE: Permit No: 1-4738-02537/00001 Dear Permittee: in conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you 'are unable to comply with any conditions, please contact us at the above - address. Also enclosed is a permit sign which is to be conspicuously -posted at the project site and protected from the weather. Very truly yours, • Carol A. Farkas Environmental Analyst CAF/ls . Enclosure CIRw VORK STATE ENSUS 2000 `a0 wesvpowsveorm 4111as £ irte BE PART OF THE CORM ISM IMM OF LA CUEHTAI YORK STATE DEPARTMENT OF ENVIRONMENTAL CO`!"flVATION DEC PERMIT NUMBER EFFECTIVE DATE 1-4738-02537/00001 February 29, 2000 FACILITY/PROGRAM NUMBER(S) PERMIT EXPIRATION DATE(S) Under the Environmental Conservation Law • February 28, 2003 TYPE OF PERMIT ■ New 0 Renewal 0 Modification 0 Permit to Construct 0 Permit to Operate ❑ Article 15, Title 5: Protection 0 6NYCRR 608: Water Quality 0 Article 27, Title 7; 6NYCRR of Waters Certification 360: Solid Waste Management ❑ Article 15, Title 15: Water 0 Article 17, Titles 7, 8: SPDES 0 Article 27, Title 9; 6NYCRR Supply 373: Hazardous Waste Management O Article 19: Air Pollution ❑ Article 15, Title 15: Water Control 0 Article, 34: Coastal Erosion Transport Management O Article 23, Title 27: Mined ❑ Article 15, Title 15: Long Land Reclamation 0 Article 36: Floodplain Island Wells Management O Article 24: Freshwater Wetlands ❑ Article 15, Title 27: Wild, 0 Articles 1, 3, 17, 19, 27, 37; Scenic and Recreational Rivers ■ Article 25: Tidal Wetlands 6NYCRR 380: Radiation Control PERMIT ISSUED TO TELEPHONE NUMBER Ron A. & Susan M. Melamud (201) 825-8117 ADDRESS OF PERMITTEE 15 Aldbury Drive, Upper Saddle River, NJ 07458 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER NAME AND ADDRESS OF PROJECT/FACILITY Melamud property, 18603 Main Road LOCATION OF PROJECT/FACILITY East Marion COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk Southold Long Island Sound DESCRIPTION OF AUTHORIZED ACTIVITY: Construct swimming pool with deck. All work is to be done in accordance with the attached plans stamped NYSDEC approved. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2 & 3) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: ADDRESS George W. Hammarth (CAF) Building 40, SUNY, Room 121, Stony Brook, NY 11790-2356 AUTHORIZED SIGNATU 449 DATE � ,,,,,,a Page 1 of 4 February 29, 2000 NEW YORK STAT DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS •Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, agents, and assigns for all claims, suits, actions, damages, and costs of every name and description, arising out of or, resulting from the'permittee's undertaking of activities or operation and maintenance of the facility or facilities authorized by the permit in compliance or non-compliance with the terms and conditions of the permit. Item B: Permittee's Contractors to Comply with Permit - -- The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law asthoseprescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. " • GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department L - The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). - The permittee shall provide a person to accompany;the Department's representative during an inspection to the permit area when requested by the Department. - A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. • .s • General Condition 3: Applications for Permit Renewals or.Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits-for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control(APC) and Solid Waste Management Facilities(SWMF); and' . ' - b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg#40, Stony Brook, NY 11790-2356 • • General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit. The grounds for modification, suspension.or revocation include: a) the scope of the permitted activity is exceeded bra-violation of any condition of the permit or provisions - of the ECL and pertinent regulations is found; b) the permit was obtained by misrepresentation or failure to disclose relevant facts; c) new material information is discovered; or d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued. - DEC PERMIT NUMBER PAGE 2 OF 4 1-4738-02537/00001 • APERMIT TW,rev.6/99 NEW YORK STATE DEPARTMENT OF_ENVIRONMENTAL CONSERVATION ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15(TITLE 5), 25,34 AND 6NYCRR PART 608 (TIDAL WETLANDS) 1. If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of-Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. - 2. The State of New York shall in no case be liable for any damage.or-injury to the structure or work herein.authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 3. Granting of this permit does-not relieve the applicant of the responsibility of obtaining any other permission, consent or approval from the U.S.Army Corps of Engineers, U.S. Coast Guard, New York State Office of General Services or local government which may be required. 4. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments,'fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. ' 5. Any material dredged in the conduct of the work,herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause - damage to navigable channels or to the banks of a waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. - 7. If upon the expiration or revocation of this permit, the project hereby, authorized has not been completed, the applicant shall,without expense to the State, and to such extent and in Such time and manner as the Department of Environmental Conservation may require,remove all or any portion of the uncompleted Structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. - 8. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project will-not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 9. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of,the completed work and, if required, a survey. 10. All activities authorized by this permit must be in strict Conformance with the approved plans submitted by the applicant or his agent as part of the permit application. . Such approved plans were prepared by Ron A. &Susan M. Melamud on January 2000. DEC PERMIT NUMBER PAGE 3 OF 4 1-4738-02537/00001 NFWYORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS 1. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland)and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands and or protected buffer areas. • • 2. The storage of construction equipment and materials shall be confined to within the project work site and or upland areas greater than 75 linear feet from the tidal wetland boundary.- 3. There shall be no draining of swimming pool water directly or indirectly into tidal wetlands or protected buffer areas. • DEC PERMIT NUMBER PAGE 4 OF 4 1-4738-02537/00001 Installation of a Swimming Pool at 18603 Main Road, East Marion, NY Project Summary Report Location of Property: The property is a 3.85-acre parcel located off the Main Road (Route 25) in the hamlet of East Marion, in the Town of Southold, NY. The property extends from an easement formerly known as "Old Main Road" (a partially gravel-covered driveway) to the high water mark of the Long Island Sound. Property width (Long Island Sound frontage) is approximately 617 feet, and property depth varies from about 238 to 312 feet. The house is located toward the front (southeast edge) of the property, facing the Main Road. The site topography is relatively flat, with elevations varying from 4 to 10 feet above Mean Sea Level, and averaging about Elev. 8'. The existing house is located at approximately Elev. 8'. Between the "Old Main Road", which constitutes the southeastern border of the property,- and the Main Road, there is a property owned by the Orient-East Marion Park District, consisting of a meadow that includes tidal wetlands. There is a "buffer" zone approximately 80 feet wide between the subject property line, and the edge of the meadow. According to the latest tidal wetlands map (obtained from the Southold Planning Department, copy attached), the meadow wetlands designation closest to the subject property line is "HM", or"High Marsh". None of the subject property is located within a delineated wetland area. There are only three neighboring properties, in addition to the aforementioned meadow owned by the Orient—East Marion Park District. These include two multi-acre residential properties to the southeast of the property (owned by Lomas and Stephenson); the nearest residences are located at least 500 feet away from the property border. The Orient-East Marion Park District also owns vacant land adjacent to'the southwest of the property. The front of the existing 1,700-sf house is located approximately 85 feet to the northwest of the edge (i.e., outside) of the wetlands area, and is situated directly on the beach. A stone seawall, approximately 3 feet high, separates the residence and the northwestern border of the Old Main Road from the meadow. In the rear of the property, the only vegetation noted consists of low shrubs, primarily Rosa Regosa, with possibly some Prunus Maritima sparsely interspersed over the property. There are no trees, grass, or wetlands types of vegetation located anywhere within the property boundaries. Current lot coverage is approximately 1% of the total 3.85 acres. Description of Project: This project involves the installation of an 18-foot by 36-foot partially inground swimming pool in the back of the property, at approximately Elev. 8', with setbacks of approximately 150 feet from the high water mark of the Long Island Sound, and about 108 feet from the edge of the delineated High Marsh wetlands border of the meadow to the southeast of the property. The excavation is estimated to be approximately 20-feet wide and 40-feet long. 1 The pool will consist of an enamel-coated steel structure with internal 28-gauge vinyl liner. The pool will be an average of 5 feet deep, with a small section up to six feet deep. The pool will be partially in-ground, to a depth of approximately 2 to 3 feet, depending on water table depth. It is intended that the pool excavation avoid the top of the water table by at least two feet, eliminating the need for dewatering and preventing the pool from being subjected to external forces imposed by the presence of the water table. Test pits will be dug prior to the start of excavation, to determine the depth of the water table in the vicinity of the excavation. The pool will be surrounded by about 2.to 3 feet of wood decking, which will be supported by the pool structure. Wood lattice board will conceal the exterior of the pool that protrudes from the ground. A self-supporting wood bridge deck structure, 15 to 20 feet long, will connect the pool to the existing decking in back of the residence. All wood will be treated such that it is water and weather-resistant. No piles will be needed to support the pool deck or bridge. With the proposed swimming pool (20' by 40', with decking), lot coverage will total about 1.5%. The filter backwash discharge piping will be routed underground (via 1 or 2-inch diameter PVC or other plastic piping) to one of the two the existing drywells located at the northwestern end of the property, as shown on the scaled site plan included in the permit application package. Backwash will be manually, initiated about once per week during peak pool usage. Construction Method and Placement of Excavated Material: The excavation will be primarily hand-dug. Excavated material (consisting primarily of sandy loam and loamy sand) will be placed around the perimeter of the installed pool. Approximately 90 to 120 cubic yards of material will be excavated, depending on the results of the water table depth determination and selected depth to which the pool will be placed in-ground. The excavated material will be placed as a berm over an area about 10 feet in width, over the pool perimeter(about 1200 square feet), raising the grade by about 2 to 3 feet, maximum. This will help conceal the exterior of the aboveground portion of the pool from view. The construction period will have a duration of,about 2 weeks. During this time, the excavation spoils will be covered with a tarp to protect the property from blowing sand and to retain the spoils in place until they can be spread around the finished pool. Decking will take an additional 2 weeks to complete after the pool construction has been finished. Displaced vegetation (shrubs) will be replanted elsewhere on the property, to the extent practicable. Construction materials will be lifted over the seawall either by hand or by winch, from a truck parked in the Old Main Road easement. 2 v ` j Environmental Impacts: This project will not incur any significant adverse environmental impacts. The pool will be not be located within nor in proximity (i.e., within 100 feet) of tidal wetlands, it will be aesthetically designed, new decking will match existing color and type, and the pool will not be highly visible to neighboring properties, since it will be at least 500 feet from the nearest residence. The property topography will not be significantly altered. Displaced vegetation due to excavation will be replanted, where possible. No animal habitat will be disturbed, and no noise, traffic, emissions, or offsite discharges will result from the project. The project will be in conformance with all local zoning and building codes. A waiver of jurisdiction'is being applied for from the Town of Southold Trustees. Building permits will be obtained from the Town of Southold after the NYSDEC permit has been received. We contacted the Army Corps of Engineers, who stated that a permit is not needed because no work is being done in areas covered by(under)water. The project will not result in any socioeconomic impacts on the area, except for possibly increasing the property value and the Town of Southold's tax revenue. The project will not have a significant demand on local utilities. The pool filter pump will consume approximately 1,000 kilowatt-hours of electrical power per year, based on an 8-hour-per- day operation for 4 months/year. The pool will initially be filled by tanker truck water delivery. Periodic"topping off' of the evaporated water will be done by the existing well pump that serves the house. The well pump will also be used for backwash water. The project will not generate any flow to the existing septic system, and filter backwash water will be routed directly to one of the two existing drywells, as previously discussed. 3 i 1l ay {�gw t'W.> ,tliel:!'',.`i:,.:;::' ., .. ' El '' ,, , , , , " • -: ,Wer r's'r; t�r4 F 'r, ` �r� C R TTR" G14-E7I REA So n/S c fz 26.-( YJC'� 7 , ` ;'� (.•_ V -`„r 'lryy r`,i 1-1 ''•r' iL, t� 4 Kf '�( Y�. •, - - x '(deA.PP Tro v /s-! CS ` L� y' 'ta' e{, xi 'r. ; ry,M1;: t'hr try1 , , , - `I, _iR•r,({tr�Y�� �}Yx. 4 (�, f rh.,�y, 'y.{t,`, ,en ci1ti, ;;A?P,,V1,kskI;4je.),,`, i I' .T' fi t ':,, '� •f' ,I .YAK;"°'a ,r, -,d n', .`�nM{iQ.^''xiu. .,. ,t .,.:f )'t�.,e��4 _ o-�' a - , , • r(r, �-$f 5004 A.: k,s.�, tk- t;." . f:'y'S. L ,.A rte p,d t ti, t,, _., '''V''1 z:14.Y•a "7,F�z� l'-''', !i' - -REASONS�'<'FOR ,AREA VARIANCE_.ONLY , (to;be ,completed by` ap•l� cants ,•..; :. ,,R ' "use variance" or "special-=' ,-�.. " i `., ,<:,, _ ;p0. ,'not' use,.;these standards ,,for �` ? ,,�„4,,_. "y` 'e ` u`A"' ', '1 ' tta'chT'Sheets If necessary; with signatures ';�, t t =r-„ iexcdptai'on', •�. (' A1'so', a' . �,,�, ;, ),�r,;,��R-4,�(�����nnnn{+; ��, :ih`,, tt`i; .i1. "f l�.VC' . ,':I • I� _ „r', `;•,!'i <7., f. yt!r{t45.," � ,`FI V . 't�:n.1{{5'14,��y� .A.' ' AO W,undesirable change will NOT be produced in the character' of •.;_ '';', 'C:- ' the neighborhood or a detriment to nearby properties, if -granted r;„`,; BECAUSE:, e_ ,�(�qD � See.) trnmtynq (Fanot uiI,l( n0 b-i✓ VLSt,�oti�- -ho 141.e. 'p u.-13 It c. . -11,..e., ?roe,e, S I&l e. 1 S e c to.A•€- CL' c1 - re nto'1"e t—m 14-,e.. roo- o•.r.A. h-e.k9'\ b oys, -Me re Are. 'tr� �w� 4,` . Large S Lobe y crd. 'Se.-t-- azk•5. 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: P t itc hve Y,-- 0-T ' t-e- o o t t n `t-i-e". r'e o-tc T,,m( j ebrra l io.44± w IA-1,-, i--41.--e. 'done nj ort n0.ht, .Lu o u Id bre recti ..t4-/mac 4e e - 9 Sfyu C?lc> eh ch ror,n►e -Q ac4t0L ete57-17�7tc /)ardSA/p 6 4•,c d o)-Li r (Qb o d- re la_f Q ) et w•e r51-e- r,mpa c . , , -� 3. The amount of relief requested is not substantial BECAUSE lie -re wow'/d b-e. /a o dfly etG1--5 on" the r).e/34.Ser1 and © r 'fes,e en u r rOnrn est' .9-47d 'Me- 7 reed sed /o ca.4Se-A7 is rhOr4 ;2/1- 'aJi o u5, • 4 . The variance will• NOT have an adverse effect or impact on the . physical or environmental - conditions in the neighborhood or district BECAUSE .Th•e ?rose /5 , r e-rr,e/-e a-nor.SSC/ .4 .,/ Cdri d i-e /o©/ eud/ )7ot U/Slbl-e 40 .Are.-e. Pu-Life. . ice 2 tesf pe5/cde,ece /6 a•6clae- If 00o ;I:e E 2.cal fro. , s � �rnro�d. cool sti-e. 5. Has the alleged difficulty been self-created? ' 1 ) Yes . . . ()() No. ' ` 6. This is-- the minimum that, is necessary and adequate, and at the same time preserve and protect- the character of the neighborhood and the health, ,, safety and welfare of -the community. - STATE OF NEW YORK) ,f a'''("' "' l {1-4-12--- COUNTY OF SUFFOLK) /f o ,_ s (Ar_........t.„ cant) • • Agent must attach written consent from owner. Sworn to before me this day of it4effti . 1-2Od0 /2w. �"'ta Public ******************* MARGERYD.BURNS txtlk/form.va r/•temp• NOTARY PUBLIC,State of New York Qualified in Suffolk County, • No.0508300 ,Zp0, Commission Expires May 31,�., • o • SOFFO(,t Town Hall Albert J.Krupski, President * A ?;s = C®G . 53095 Main Road James King,VicPresident � 4 ` P.O.Box 1179 Henry Smith ; x�4 ��' Southold,New York 11971 Artie Foster p �',� Ken Poliwoda �. k r r, . �� Telephone(516) 765-1882 � �� ��� Fax(516) 765-1823 BOARD OF TOWN TRUSTEES "' TOWN OF SOUTHOLD DETERMINATION OF NON-JURISDICTION DATE: January 11, 2000 AGENT: APPLICANT: Ron & Susan Melamud ADDRESS: ADDRESS: 18603 Main Rd. , East Marion 1.a 201-825-8117 PHONE:' PHONE: RE: SCTM# 1000-17-5-3.2 The Southold Town Board of Trustees reviewed the survey dated and received in our office on January 11, 2000and determined that your proposal to Install an in-ground swimming pool, in accordance with survey dated January 2000, to be out of the Trustee Wetland Jurisdiction under Chapter 97. However, any activity within 75' of the Wetland line requires a permit 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, ^- Q ,4 %. Albert J. Krupski, Jr. President, BoardofTrustees-__- _ AJK/ -- - - : _ QUESTIONNAIRE E FOR FILING WITH YOUR Z'i.B.A. APPLICATION' • • -A. Please disclose the names of the owner(s) and any other individuals (and entities) having al financial interest in the subject' premises' and a description ';of their interests: (Separate sheet may be attached. ) Roy/ A . NE ,4/4v.p SUSAN. A�'1• N LA IL4 `) B. Is the subject premises listed ,on the real estate market for - sale or being shown to prospective 'buyers? { } Yes ()() No. '(If Yes , please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter landcontours? ( } Yes {X } No / av D. 1. Are there' any areas which contain wetland grasses? pe ry 2. Are' the wetland areas shown on the map snhmtted with this application? y86 - ADT,4cEnfr Ta f let0PE,eTy 3 . Is the property bulkheaded between' the wetlands area and the upland building area? - N n 4. If your property, contains wetlands.-or pond areas , have ' you'contacted- the Office of the TownTrustees. for its determination of jurisdiction? -RCCEW &7) L E77 e7. ®r xlo Tuk-M€7'/Dq() E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? //o (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? 9 If none exist, please state ,'"none." ' G. Do you have any construction taking place at -this time concerning your premises? At 0 If yes, please submit a copy of your building permit and map as, approved by the'Building ,. Department. If none,• please -state. H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or' sv.brnit copies of deeds. I. Please _list -present use or operations conducted at this parcel Res,de ti ce. - : ' : - . I and pr•OpCltr a5 r nee, . Authorized- eitvr e- and ate 3/87 , IO/90Ik - , .QUESTIONNAIRE FOR FILING WITH YOUR Z6.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 Lof their interests: (Separate sheet may be attached. ) ' / j A . tl EGA4 mt u.7 uSAM M• MEGA Mv`) , B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? ( } Yes ()(} No. (If Yes , please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land' contours? ( } Yes {X } No q Mbr an! 7/7%. D. 1. Are there any areas which contain wetland grasses? Prepe!ifery 2. Are the wetland areas shown on the map submitted with this application? y66 --#7).7,4cGAir To p(e-oPE,e-ry 3 . Is the property buLkheaded'between the wetlands area and the upland building area? N o 4. If your property contains wetlands or, pond areas, have , you contacted the Office of the Town Trustees for its determination of jurisdiction? -kcteewn. 1.. ..777*- of Xlo TileiSP/c77v,0 ` -TTft c/I 62) E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ,c/o (If not applicable, state "N.A.")'i F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are .submitting? If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? N0 If yes, please submit a copy Of your building permit and map as approved by the Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? A/0 If yes, please explain where or' submit copies of deeds. I. Please list present use or operations_ conducted at this parcel Resi-deac'e/V , and propose. �s h��' J .5.€.1 .cz-vt-:i-rillT:drith*----A-i.. - _../j?.--to& ...,,. .. Aut h.oritede , a z f 3/87 , 10'/901k • " The Town oY -Southold ' s Code of'' Ethics 'prohibiI s conflicts of interest on the part of town officers 'aiidiremdl'oyees. _.The purpose of this form is to provide information- which can alert the town of possible conflicts of-."intere'st and allow • it to take whatever action is necessary to avoid same. YOUR NAHE: MLLf}MUD) P•45)&1 P . ,! T USf+ ki M. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity , such as a company. I'f so, indicate the other person ' s or company' s name. ) NATURE OF APPLICATION: (Check all that apply. ). Tax grievance Variance Change of zone _ • Approval of plat Exemption from plat or official map Other (If "Other , " name the activity . ) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any<< officer or employee of the 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. v 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 , (whenthe 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 , • l' - Submitted this' day of 199_ • Signatureja014-Irti1.� • Print name cusa.N P'(e(a•►�u4 /19/17:- .. ' p6cv'...40ji//, ..g/L( t a of ISLAND1. �� %. 4. • 0 sr • fr• 1te 's` „t• ` SEE SEC 110 130 � V /� » �g P g ':, J �. �� 2g 0.4pD. Go �, 5Q �^ : z•a • l Te •t A. / . I/ 1 1 • i • J y6 9 O• 6 y ovi .0 _. -� fG 1 •/ / rPl �.b s.oAl�1 .� �v , —N. �c�}�j �` l_ ._ .A ,- r / tiii} • wr Soil (tt +a.. ��' w t.4A , t.t r '4113Mr}- I5..3 1 9 a / .,g, ; . �. •. C:1:1.: ` tet ........„.....p\15.4 _� , lt. °� • S .ti '�. ;..0.0„,..„ 3.24 fa-, 4. 1i SEE SEC. NO 130 / '••q r4 1.2NCI-- 2.01 t �,. is ••s 15.1 '•t �� • 2.2 •ttt : t11 a• 'st' Tai 1 tel \III i 1. 1 ZU /../ . �. ;1• ��+C•`. 1,34 ©_s _ �\ `. ( 2.Z A •e .= t•e. • A A •.. •' 11 t 4" )' sn 17 . 1 ,�' w . r , ttei .L�t A.'S.L . _ 7., t - - 4 V Iv. t° I - 1013 ,, j j t kW , �,e4 G.of+'f`m I 1 fi \„J v J 1 - o t 0 �.�• �- 1t1 t" 2,Opti1 �(.• tilt 1 t...at 7rt• Z tet 1' �•7e , ••o t„' '.•' �s+• 15,1 21 - 1 p(GS i e. t1' 1•l2 a • s;1 :•e t2•l 111 - 2.aa(cl ' 2 tN wee lsst IA • t ••• ••e` 9 !►(t1 • /tom 12gifflii - . " t 0 )70', • (#) 4. Nat Re fi 9 /, i ea = • ree ,:e ..i 26 L•/e,v. _ .„ •se. • f RDs : r1/ , : t4 40 . . .. 5 Lut(c).. c', .....; » 9 a os .. _ , O /�.Z. ".1 '`, , •' 9�� ' . o w ..' l gA(�� , .i re .s� !O ; 13 7, z e��C `/ �- �4z s. a 6a _ �' S.R. 25 - , / . f? 1.- r !_ wI 139' 44 4 �� I • toe 6 y 4 C� C `~ em t1Att 1t __ { 4BMC)to 2s.?A(GI � ? . yr �� Qv rP7 .t '3.44 •a_. 1,,. ...\ 0 10. 14" ��? )‘'No - , FOR PARCEL N0 9'2 1p • v / _ SEE 5EC.023-03-0'I • ,1,. ,,r - .� y`2. ` +FOR PARCEL NO. - r _ w SEr SEC.NO.0Z3al - N ��: o �+ ��2 -'J2-00T.2 _ y J ? ,J - � LL1NE -- '•'/SECr . SES SEC. NO. 023 `'• NO.023 SEE SEC. NO 023 ORIENT_FaCT metal^. ,. " '~' ses? Page - 42- April 6, 2000 Board of Appeals Hearings 9:48 P.M. - Appl. No. 4796 - RONALD & SUSAN MELAMUD This is a request for a Variance under Article III, Section 100-33, based upon the Building Department's February 11, 2000, Notice of Disapproval and an application for a Building Permit to locate an accessory in-ground swimming pool and deck in an area other than the required rear yard. Location of Property: 18630 Main Road (S.R. 25) East Marion, Parcel 1000-17-5-3.2. CHAIRMAN GOEHRINGER opened the hearing and asked if anyone wished to speak in behalf of the applicants. PATRICIA MOORE, ESQ: (appearing as attorney for the applicants) - I am going to defer to having Mrs. Melamud present most of this and with my supervision and input issues we may come up with along the way. _ CHAIRMAN: I'll be right with you. I just want to open this (map) up. MRS. MOORE: Mr. Melamud is here too.- He is actually::an Architect and-has designed the pool. _- ___ =_ = =_ MRS. MELAMUD: =I'd-like_to make a short_Presentation 0.YAs4 I was;Tinftoduced,_-I'm=.a __ professional engineer, licensed -in__the- State of .New.York ^-I'm aT Board=Certified- = Government Environmental Engineer. That's my specialty_: 1_ work with -en _ _- environmental consulting_firm and. I'm usually on the_other side of the fence where _ I'm representing municipalities with_Planning Board _hearings and developers_in Zoning Board hearings. So- I have"iter_esting experience beforeme: Ip-addition,: -_ my husband is the architectural designer and project so we should'be able to cover all the angles. The home owner-angle, meaning'the esthetics'of the-project-and-the -- environmental angle and engineering angle where there's a=lot=of major concerns-on--- our part with the steps to the environment. WhatI'd-like AG do is_ to speak mostly from this presentation package that I presented. It has given you a_lot of.information that I don't want to overwhelm or repeat it but like to work from-this presentation. Does everyone have a copy because I dropped some off? CHAIRMAN GOEHRINGER: No, you should drop some off because we only have this and the other ones we took home. MRS. MELAMUD: That's not a problem. I have a few typos and I'm submitting an amended presentation. This is the amended presentation, there are a few typos in it so I've marked it up and this I'd like to make the official amended presentation. CHAIRMAN GOEHRINGER: OK. - MRS. MELAMUD: - We'd like-to put a pool on_ our property: ,One=of=the primary reasons is we use the -property to assemble our family in--the summer time_and - - Page - 43- April 6, 2000 Board of Appeals Hearings during the months of July and sometimes into August, we noted that there's a lot of jellyfish and we'd like to have a pool to be able to enjoy swimming during those particular periods of time. Placement of the pool in the rear yard is a major problem from our point of view with respect to both flood considerations and the environment. There's also some engineering difficulties that we'd like to point out. And some major esthetic problems. L-et;me just talk about the property first. This first page really presents the case in a nutshell. What we're hoping is that the placement of the pool in the location we've selected; we've worked on it very carefully to make sure it will' not affect the any of the neighbors' views and would not have any impact on the environment. , And most of this is. because the property is very unique in its' remoteness, in its location, in its size, and in its placement with the step to the neighbors being at a major distance. There will be no environmental impacts from the project as we'll talk about in more detail. And you can see from this board, try to present pictures from every angle: And the-property - sits between=two'.wetland:;areas.: One-of course is the Long Island,_Sound--and-the- - _ - other is'this-rnarsh._ This=is_the--picture-seen-from Main-Road,,Rt. 25: Page - 44-April 6, 2000 Board of Appeals Hearings that you would put at eye level,would be blocking the view of the sound. It's very isolated. You have wonderful privacy. You have a 600 foot meadow on one side, you have the East Marion Park District, park land directly to the west; and the land between the park and our property is vacant. There's only one abutting the residential neighbor of property which has a house that's about 1,000 feet away. You can go back to the picture I tried to show that from a couple of angles. This is the house. You can see it over here. This is the road leading to it from our horseshoe shaped driveway. It's actually a right-of-way. It's not really a drivable road. And if you walk up this road, you take a picture looking down at our house, you can see that it's hardly visible and it's very screened. It's also difficult to see the residents from the Main Road. However, there is some major siting constraints, some of which we talked about. It's a very high water table. I know you received a Soil Conservation District report. We concur. And we had some soil samples taken and shown on the survey _ _that we___ submitted, and you have a depth of water table that varies on the property, about we would expect to see it about 2 to 3 feet below grade. So, therefore, we cannot put in en in-ground pool. it will present very bad difficulties with respect-to -_ dewatering. _I don't believe the DEC, would have allowed us 'to build something-- -: along 'those=lines: ='So;if we::want to' have=a 5 ft to 6:foot-deep pool,_'it must-be ate- least 3_to_4_feet'above:ground. The top fencing of-the_surrounding pool_will°gbe__at _ - about elevation 14, which would be-approximately eye level.with.a person sitting'on' = the deck. We have a picture showing the elevation view of the pool. The placement tothe side you can see that the pool will be at least at the same level as the deck on the house, and if it is'found that ground water is higher - than 2 feet-below grade, then the pool might even be another foot;higher into the_air-.- _ -- Another constraint I haven't even talked-about - minimizing the- proximity to_both - - wetlands.= When you-.place-a pool or- any equipment in the flood -zone, you -must = _ _ bring_the_electricafequipment to at least one foot above the flood elevation. So-you: - - want to try to put the pool as low an elevation as possible but as far-back-in the flood- zone as possible. This is a zero discharge area, and we fully intend to comply with it. We have a DEC Permit for the project that I sent copies of to the a Board and it states that it's zero discharge. We are complying with it because we are tying in full backwash directly to the drywell. -- And we need to put the pool on this side of the property because we have our septic system on the other side of the property; and we have our drywells over here. It makes a very easy tie=in to the drywells and this area of the property is slightly depressed so you have a little bit low profile. We want to prevent any kind of interference with existing infrastructures do we don't want to put it any where near _ the septic system. - So just to summarize the advantages of the location that-we've been-- alking-- --- about. It doesn't, I have - it avoids 13 foot flood zone. It doesn't totally avoid it but it - - Page - 45- April 6, 2000 Board of Appeals Hearings minimizes the encroachment into it. -It stays mostly within the 11 foot. It's further away from the sound wetland border than if,it were placed in the rear yard. And as you can see, the house is very small compared to the entire property. So really this is the rear yard;that in which you would comply and if you placed the pool it would be approximately like so. This would be the placement - directly in your line of site and much closer. Significantly closer to the Long Island Sound and even possibly going toward from the 13 into the 15 foot flood zone. By putting it where we want to put it, - it has a slightly lower topography. It minimizes the profile of the pool. It will not block our view. It will be screened from the Main Road by existing plantings and there'll be a large buffer area between the pool and the neighboring property. Now I know that there are a couple of submittals that you may have received. One is from the Soil Conservation District ,and I have a copy of that and I'd like to go over the items ;in that because we happen to agree with what the Soil Conservation District has said. - First they 'say that the dominant soil in this area Tidal Marsh, there is not Fill -Land Dredge-Material. t We-checked it.: We.called up the New:York District Corps of- -Engineers,- they_=have no jurisdiction., They said-=they :do °not .wish .to LLsee_-the_ V . application and there's no_dredging m the area,,and the-types of soils sandy:loam,: arid loam and ,sand, 'and_bothTsoilsiwill,_srupport7-a pool that above_the- .ground_water Lgvet :_ - _+ Y: .: - And the',structure-='that-we're- putting in has been-ddesigned by a professional-" engineer. -I have-a copyof=it. :-I believe I submitted it to-the=---Board. The next point, __they_-made is about:the_groundwaterelevation and we agree._-=We ar_e_not.putting in _any subgrade structures .and=piping. There will beTnorie. Everything will= be underneath the pool inthe above-ground section -As far as•-the plantings- are concerned, we did- an extensive view of the - . _ plantings. 1 .di1d contact_Paul Stoutenb.urgh.for his expertise on what_the. plantings- .. were, and although there are some--cacti on the property, none of them- will =be- - - disturbed by this project.' And as a mitigation for the minor environmental impact one that I did identifyfor the DEC in the volunteer to replant all disturbed vegetation. So there will be no net impact on vegetation on the property. - So I think that covers all the items in the Soil Conservation report. I know , there Was another letter. It was sent by Grace Lomas, and we concur with Ms. Lomas's --concern where_ she- expresses the. concern ,that a well that is on an easement on her property should not be used to fill the pool. We totally agree. am an expert in-water-hydrology; and I know that that would tax the well and could, possibly draw down wells inrthe area. That is,why I brought a signed contract from - our -pool-_ company_-thet'„Saye-,that they intend to fill the pool with water from the . outside-by truck -So,=no=pool-filling will be done by our house well.- - - --- - -- - -- - --- ----- - - -- - --- ------ - ------- - i , Page - 46- April 6, 2000 ' Board of Appeals Hearings • , ' - - I,'hope that addresses, all;, your. concerns. , I'd be- happy:, to answer any questions: , CHAIRMAN GOEHRINGER: I had a discussion with Soil, & Water Conservation, Mrs."Melamud, and they of course also say in the letter that we should go to the Forestry Department of Environmental Conservation. • MRS. MELAMUD: Yes. is ' -CHAIRMAN GOEHRINGER: I, called the - on the lunch hour , the Forestry Department. They said, this area really concerns the Marine Habitat area of the Department of. Environmental Conservation. Well, I wasn't successful ' in getting , them. I don't know to what degree both the Conservation Advisory Counsel of the - ' Town of Southold and the Marine Habitat Division of the;; Department of Environmental Preservation would do or say in a assisting you in the possible , __ _ , construction,or the movement or the change,or whatever situations exist. I will tell - . � you that we are not as,well versed, and I am not as well versed as inthe construction, _ of pools on, a beach area. , You may.have.seen some-,applicationsifor_roofed areas - -- ;tonight -that: are.'-on -a -beach-=;in_ Mattituck, _,:and, very.simiiar- _to::your._.-location: _ - _ =_ , - -Fortunately;.none=:of those.Nye-pools:at_this.tim_e_Tand _sorne!of'tf e-propertie's are, -- -- --small�'enoU h' that. thea Woi d-reall° `not J nd=„themselves to-=have -a_v pool.`-==They.- - } ,__ probably put a hot tub UI a:degk,,= or_somethingq,f that_nature;`_If concer-ns;me,wf en,l:`- .:^_ see letters-from Soil &,Water'that state,that,we-should-go to_otfi'er agencies: -.- t” - , - MRS.'MELAMUD: Can--I-comment on-that?- _ _ ___ _,__s._ • CHAIRMANGOEHRINGE :--Yes. .-.' -, ." . -- ----,-- _, - . R: -7-7--; MRS:-MELAMUD:'_I have"a-response for,you.`-:That agency was contacted. When I -=, ": --7' submitted my application to the DEC,.I asked:them how long it would take, and'they- --`. --" said, oh, it's probably going.to take four to-five. months.- -I said, wow, why is that when it should take sixty-,to ninety days.-according to,:the New York .State )Code - Regulations and they said, oh; because we have to get-our experts(involved from the - Forestry and Wildlife Division, and have.them take a look and go Out there and do a site review. And in ,fact, I did get my permit in less time than they had said, and when I called them up:to discuss it, they did say,' that that was being done and hope that answers your concern. , I'm concerned about it too. We plan, on not disturbing any vegetation at all. . ' CHAIRMAN GOEHRINGER:,_ 'How .farLrwill_ the --actual lowest area of the pool' . ,' penetrate the ground? -.MRS. MELAMUD: One to two feet. - , .__' 4 . - I Page - 47-April 6, 2000 Board of Appeals Hearings CHAIRMAN GOEHRINGER: So the actual elevation factor is in ,line with the deck and the deck is above grade by how much in your estimate? MRS. MELAMUD: Five feet. CHAIRMAN GOEHRINGER: About five (5) feet? MRS. MELAMUD: I think we have it. CHAIRMAN GOEHRINGER: I didn't measure when I went out there: MRS. MELAMUD: Yes, it's oh, we have it on here. The top of the deck is 7 ft. 6, the bottom of the deck is 4 feet. CHAIRMAN GOEHRINGER: What kind of plantings 'are you anticipating on the, ' we'll refer to it as the road side of the house? MRS:,MELAMUD: Well, we have existing plantings now and mostly bushes. ,There ' prickly.types=of=bushes that line the•-entire seawall area.�If you look over here- ' ere have; some picturesu of it too, so -all along,_here_are,-prickly, bushes. .They're-note particularly blooming,right now but when-•they_ do.they're Ow;full and I did take some - - _pictures that show sort of what they look like, `they're, in hire, they're kind of - , squashed_right, at the moment and-you can see in. here_-from the _property-they're bushes_in here and you can see over here it's got some bushes that surround - CHAIRMAN GOEHRINGER: 01<.- = . MRS.=MELAMUD: We were.not.planning on making any new plantings.but if you felt - - - - that was appropriate that wouldbe'something we would:be happy to do. - - CHAIRMAN GOEHRINGER: Let me justsay-_this to-you. I didn't mean to cut you off, , apologize. The hour is getting late and we're still not getting, done. We have an older very traditional area on that helm and one person of course will always come to mind, and that's Mrs. Steam and I don't even know if she's there anymore. But they have lived, many people have lived there for many -years, and!they were use to seeing what they say, and so this is of great-concern. Some of them have voiced that opinion by telephone call to me, and some of them have:, I just get that feeling -when you hear that there's chatter in the hills, trust-,:me there'sIchatter in the hills regarding the swimming pool, and that's a concern. I don't know what to tell you at this particular,point because I am not significantly satified hot because you haven't _- presented with your credentials. the things that_ you're presenting and I honestly' believe that what you're telling me is the absolute truth. But I don't know to what - degree this is going to upset these people and they are contiguous neighbors. MRS. MELAMUD: We did send letters. - Page - 48-April 6, 2000 Board of Appeals Hearings CHAIRMAN GOEHRINGERI: Right, I am aware of that 'and that generated telephone calls. Let's see what develops throughout the hearing. . MRS. MELAMUD: OK, I would like to make one comment along those lines. CHAIRMAN GOEHRINGER: Right. . MRS. MELAMUD: I'm very concerned about the esthetics of the project as well and there is a deed convenant that requires us to follow certain architectural standards. All such standards will be followed and the pool is going to ( ) from the rendering that we're going to match the decor of the house, the wood of the house and the decking of the house as much of possible. It's not going to impact the view- in any way of the neighbors. , Whatever they would see if-it's built to conforming or non- ' conforming they would have exactly the same view. So there will'be no impact on the point of view and since we would be allowed to put it in here, this doesn't create any difference in view for those neighbors though. I share their concern and we plan on making it as esthetic as_possible. We've spent a lot-of money on-the house. We cherish thehouse. We-love-the way-that it-=looks. We wouldn'twa want to d o anything that disturbed._ the neighbors:on the_view:., _. _-= =_ - CHAIRMAN GOEHRINGER It's certainly:a unique location;` =4 '; MRS. MELAMUD: Yes.- CHAIRMAN GOEHRINGER' There may come a time where we may ask you, or, may ask you for planting..plan or some sought of_planf'environmental"planting plan_on the seawall wall side-'Of- - - MRS. MELAMUD: OK, we would be very amenable:to that. I think Pat also wanted _ - to make one point about.our application that I didn't think of that I think, is a valid point. CHAIRMAN GOEHRINGER: Sure and then we'll go to the rebuttal. Yes, go ahead. PAT MOORE: I a, went through your files and obviously I didn't submit the • application. What I did, I took all of the information that was submitted to the Board and I tried to put it in a context Of the standards that have to be met.- So-try to focus • into those standards. One,issue that I, one point that I'd like to raise which I think is an issue whether or not a variance is even necessary. The ,reason that this application was presented to -this Board as a variance-- is that the Building Department considered the detachment of the pool and decking as an accessory structure from the principal structure. However, if you look at the'definetion.of and the facts as far as the-supplemental regulations With "regard to de,cks:and patios, if because the structure is connected to the principal structure, the deck that •has the • - Page - 49-April 6, 2000 Board of Appeals Hearings pool as an above ground pool, it should have been be considered as a principal structure because it is all integrated. It is all been connected to the main house. The language, again I cited it in the Memorandum with respect to the specific language, but if this deck did not have a pool included in it, the Building Department would have no qualms'about calling it.a principal'structure. An addition to the main building, as an addition to the decking. The fact that it is connected by that 4 foot bridge is a practical consideration for the construction of the pool in that in your papers as well as in the Memorandum, I point out that engineering and drainage • consideration are ( ) separate above ground pool from the foundation from the piers of the house. So there is a necessity to separate the two are connected as I said by the decking. ; So it is all an integrated connnected system and the Building Department when I presented it to them this afternoon as far as why is it that this is not all considered a principal structure? He said, well you know, it could have been and he says, ask-the Board to take a look at it and if you feel thati this connection is not an accessory structure as would be a pool separately as most of the application " this eer that- - e with a pdecking _ that you lat the house. isnintegrated system and the Building Department would welcome interpretationthat says that there is no variance necessary. So I would like you to - -:-;look-.at. that.=_=,Look-at•"the language I00-230E-,.which. states_that deck_,_and=patio addition which do-not connect-two structures or building are-:permitted7if they meet, _principal building-setbacks. So=we`clearly .meet_principal=,building setbacks:,=We've" - got 200 febt from. the_side yard_ -The problem,_ the" reason- that. they're here is (coughing-inaudible) pool as an accessory structure in the side yard and; __ CHAIRMAN_GOEHRINGER. The reason-being:and I'm not speaking for the_Board. I'm speaking:"for"myself is-because there's- no roof over it. If it was a breezeway -open=_ -_ }. ; _ I, P--AT CHAIRMAN-GOEHRINGER: Yes, but if it' was a breezeway open or close - i BOARD SECRETARY KOWALSKI: Closed, totally enclosed. CHAIRMAN GOEHRINGER: Yes, totally enclosed. I , PAT MOORE But the code doesn't. OK, what? - - BOARD SECRETARY KOWALSKI: It has P to be totally enclosed to be physically , 'connected. F PAT MOORE - Yeah, Well that's actually, that language is speific to a garage. looked at that and I said, well my memory was or I guess as I always rememberd it to be is,-the connection-doesn't have to be an enclosure. I4 , • Page 50-April 6, 2000 Board of Appeals Hearings BOARD SECRETARY KOWALSKI: There is , an an exception for an 8 x 10 breezeway for a garage? , PAT MOORE: I'm sorry, Iread it to be that, let's see, here's the language. "In the event of a change from an accessory storage or garage use to living .floor,are the ' . breezeway and garage storage area may only be converted by direct access between the rooms and made an integral.part of the existing livingifloor area of the ,principal building for ,personal family:.use." So that breezeway, that language is specific as to a conversion of a garage and a storage-building. So when you look at the paragraph 4, it says, " deck and/or patio addition to principal building which do not connect to structure." So presuming you're expanding the decking are permitted if they need principal building setbacks. Again, my-memory of your language I said, well I thought it had -to be more substantial because we just said, ;the possibility to expand the 4 ft. deck connection to make it a little more, as you say;.substantial. But don't see that language in the Code and certainly, changing this plan, this plan has been approved by the DEC and while changing that connection, I'I don't believe it would be significant to the DEC.. I' think it's for all proper legal procedure, it should- ' be referred to them and given to-them as a modification:to-.be written into a new - permit given the nature =of_-this:'whole--project: So,',you- know take a look at that , language. _ _ _ CHAIRMAN GOEHRINGER:',rAlright, so'we'll move-on to anyone that..wents'to-speak and we'll see what develops. Thank you. Thank you for your-presentation. Anybody else would, like to speak-in favor? Anybody like to speak against? Any questions from--any Board Members? - - MEMBER DINIZIO: I'dlike toTmakea comment-if I-may. CHAIRMAN-GOEHRINGER: Surely.' = MEMBER DINIZIO: .gcertainly agree with you again, Pat, like every month I- do. , I can think of probably five- houses right offhand that have almost- exactly the same- I thing and I was wondering as you were speaking, why you were even here because of just that. I think 200 feet away from every conceivable setback is the problem we have. They have -already been given the opportunity to build a house there. You know, you're talking about-ground water, you're talking about, this is.no more than that and a -pool is a structure just like everything else because a ,structure is not a principal building. It's a structure, it's principal and I just, the comment is basically .don't know why these people are here. - I think we ought to discuss that before we discuss really anything else beyond that so we're not wasting people's time any further. - ' CHAIRMAN GOEHRINGER: We'll'discuss it on the 12th. - • Page 51- April 6, 2000 Board of Appeals Hearings PAT MOORE: I also, I'm sorry, I meant to mention I attached the covenant. There was a I think there was that wonderful letter that refers to covenant that was submitted. There is no such covenant. The only covenant that exists is the one that we've attached, and it was actually the Stephenson Beach Association. Apparently when Robert Pelantono (spelling?) was building the house, they wanted to have certain architectural control of it, the look at the house and that the covenant that's on record is one of architectural control. It's agruable that it does not even apply to a pool because it deals with roofing and materials and things like that. However, the language is a little bit on the broad side, and I guess, you know, it could not cause anguish to the neighbors. We will be sumitting it for their review but certainly it could not be arbitrarily withheld considering the fact that it's questionable whether it's even necessary. But that is, again, a covenant is certainly as the Board knows not something that the Town enforces. However, I'm sure that if you had the, heard the rumblings on the hill, that may be an issue that was sometimes hearsay. It was passed on as a condition that existed. CHAIRMAN GOEHRINGER: Two quick things. We're missing; two pages of the DEC permit. -BOARD SECRETARY KOWALSKI:= The_'stamped map is not attached: MRS. MELAMUD: Oh, I have it with me right now. PAT MOORE: If you don't mind us using the copy machine, we can give you an original. BOARD SECRETARY KOWALSKI: There's a stamp map that the DEC gives with their approval. That's missing. CHAIRMAN GOEHRINGER: Let me ask you a question, Pat. Is there a problem with your applicants going to the CAC and letting them look at this application to see if there's any specific concerns that they have in reference to screening or the type of screening? PAT MOORE: Well, I can guess because the reason is that the Town Trustees, the CAC does work with the Town Trustees. They submitted an application to the Trustees and the Trustees determined non jurisdiction. That's typically how it's done. Any time someone asks me as a lawyer, oh would you mind giving it to the ( ) • for their review, all I see someone causing trouble rather than I think that this application has been fairly reviewed. (Mrs. Melamud gave the Board Secretary the DEC permit, and in reviewing it, it was noted that the,map with the "DEC stamp" of approval was missing. Page 52- April 6, 2000 Board of Appeals Hearings BOARD SECRETARY KOWALSKI: No, the map is missing. It's still not all here. The DEC stamps the map with the permit. MRS. MELAMUD: What map? That's what the DEC set me back. PAT MOORE: The date of the plans are in the language of the DEC. BOARD SECRETARY KOWALSKI: Yes, but they always stamp a map. We see them all the time and that's why - CHAIRMAN GOEHRINGER: You don't have to have it now Mrs. Moore. BOARD SECRETARY KOWALSKI: That's alright, later. We don't need it now. Please send it to us. MRS. MELAMUD: Will this do? BOARD SECRETARY KOWALSKI: That's the one (stamped map) that we're looking for. Thank you: PAT MOORE: That's it, good. Could we just get back the original after the Board looks at it because they'll need it for the Building Department. BOARD SECRETARY KOWALSKI: Sure, yes, I just want to make a copy of it. CHAIRMAN GOEHRINGER: We're holding that in abeyance. Mrs. Tortora has a couple of questions. MEMBER TORTORA: You had said that you had talked to ( ), this letter from Soil & Conservation on the-29th - it did suggest because of the endangered species that your office may want to contact the DEC's Division of Land Enforcement and Forestry. That's why the Chairman did that. If you have talked to them, that's nice, but we don't have any correspondence- MRS. MELAMUD: I understand that. MEMBER TORTORA: - from you indicating that you have and this actually is you know, only a week old. CHAIRMAN GOEHRINGER: You may want to give us an affidavit to that effect. MRS. MELAMUD: I would be happy to do that, and there are stakes on the property and you could see that clearly there's not a single path site even in those stakes. CHAIRMAN GOEHRINGER: Yes, I'm going to go out this weekend and look at it. Page 53-April 6, 2000 Board of Appeals Hearings • MRS. MELAMUD: Oh, please do. CHAIRMAN GOEHRINGER: Not that I don't believe you, but you understand that we have concerns of people that call us and - MRS. MELAMUD: No, I'm very understanding of it. That's why we're trying to really do everything right for the neighbors. MEMBER TORTORA: The other line in here is that it talks about the dominant soil being "Tidal Marsh and Fill Land, Dredge Material and not suitable for building sites." MRS. MELAMUD: Right. MEMBER TORTORA: And says that the soil are not suited for building sites. CHAIRMAN GOEHRINGER: Mrs. Melamud said, that that's not the case. MRS. IVIELAMUD: -It's not relevant. I have - in the survey it represents ,two soil borings and you'll see that t there (Changing tape). There are a couple of posts, everything is above grade, so-that's not irrelevent. MEMBER TORTORA: Well those were the twe main things as you know. • MRS. MELAMUD: Yes. BOARD SECRETARY KOWALSKI: How old is the survey, did you say? MRS. MELAMUD: It was done when the property, when the house was first built. believe which was 94-95. Obviously, I could not get an update. BOARD SECRETARY KOWALSKI: 1990 is probably, right? MEMBER COLLINS: Celentano bought it in 89. • MRS. MELAMUD: Yeah, so it could have been. I couldn't get an update because of Mr. VanTuyl. I contacted his office and I got the most updated materials I could. BOARD SECRETARY KOWALSKI: You don't have a new survey? MRS. MELAMUD: No, I don't have any. CHAIRMAN GOEHRINGER: Ms. Collins, anything from you? Page 54-April 6,2000 Board of Appeals Hearings • MEMBER COLLINS: Yes, I'm afraid I won't be‘here at our decision-making meeting so just sort of putting it on the record, I'd like to say what I think I lived in East Marion when the house went up and like everyone else, I was absolutely astounded that it was possible to achieve this. But it looks quite nice, and it fits in. At any rate, I think that we are frequently asked for permission to put structures; garages, pools, what not, other than in the end rear yard because the lot has a funny shape or funny problems and usually these are very straight-forward casesand generally they have a good case, and they usually with certain amount of squiggeling,;to put it where it logically belongs. Abstracting from the fact that this is a beach, surrounded by tidal wetlands, is the same kind of case and at that level I have absolutely no problem with it, and I think from what we have heard that the applicants intend to make it as physically as unobtrusive as they can because that makes sense, and I think what it comes down tois that one of the criteria that we're suppose to,consider as a, Board. is, inpact on the environment and heaven knows,'I'm no expert, and you know, we pay attention to what the Soil & Water people tell us, and I think this is why the Chairman was,raising the question of the.Conservation Advisory Council. He was looking fora little perhaps more, I won't say professional but, you know, people who specialize, Members of this Town Committee in these kind of issues and we were sort oflooking to,get a little input, you know, how do we really cross all,the t's, and _ dotted all the i's. I'm:neutral!-on that but not strongly in favor of it. I don't really thing it's necessary, and I just want toget this out and get it on the record that I don't think it's necessary. One other thing 'I want to say Mr. Chairman. I understand that your phone rings all the time, that's why you don't have an answering machine. But if folks call you up and tell you their concerns, that's important and interesting but if there not in the record, I'm not terribly inclined, I mean I'll pay aj;little attention to what you're telling me people are 'saying to you at'the post office, but if they really care-I'd like to.see it in,the record: - CHAIRMAN GOEHRINGER: I agree with you, Ms. Collins, and of course I urged them to either reduce it to writing or come to the hearing. But people sometimes are 1 veryy strange that way. My only concern with this project is that of Sithe environment,. all right. And most of that, 90% of that is taken care of but I do honestly believe, and I will tell you that I honestly believe that this particular project will not be as shielded from the road as you think it will be. And for that particular reason, I'm talking about visually when you're riding past, the house looks very pleasing. It is covered, but believe honestly that this pool will bequite visible from the road because of its elevation factor and that's a concern to, me, and that is the reason why I was discussing the issue,of planting on that side. • , , MRS. MELAMUD: We would be very amenable to plantings,and also if you wanted to see the property, if you stand by the road, you'll see how faint, you won't even be able to see the stakes. That's why we have the stakes up there, bags over them so that they're visible. You really can't see.the stakes and any angle that you drive past, doesn't see that side of the house because the road is slanting in one direction • and the property is slanting in the other. So,it's very hard to see behind to look at Ir Page 55- April 6, 2000 Board of Appeals Hearings where the house, where the pool, would be placed. We'd be amenable to put any ' additional plantings in. I think if you visit, you'll see that'there's some substantial plantings there now., PAT MOORE: And I would also point'out that the design of the pool has been done in such a way that it's not a free-standing pool with a bridge in the center.'' There is the decking and it's going to be integrated into the design of the house. So really it's going to be very esthetically pleasing and not what I think I would Visualize as a free- standing pool that my neighbor would put in his backyard. It is an integrated system. CHAIRMAN GOEHRINGER: But you see it's elevated already, Pat, and then you elevate-it that 'much more. We're use to seeing the houses but I'm just saying,that from an esthetic point of view. { MRS. MELAMUD: One point I would like to go back to the environmental issues and while we're g" y everything issues, if -- _ doin absolute) we can on the' environment you place the pool in the backyard, the environmental issues would be worse. CHAIRMAN GOEHRINGER: Oh yeah, oh yeah. MRS. 'MELAMUD: And you would be moving more vegetation and it's like ( ) that road. Oh, there is one thing, yeah, one other point that I really would like to bring out. If it were placed in the back yard, in the event of a hurricaine,, high tides, , flooding conditions, the pool is very - will be very well constructed) However, if there was a catastrophic failure of the pool, it is directly behind the house, it could take the house out. But at' directly to the side connected only with a bridge, damage would be to the house would be minimal, damage to the environment',would be minimal becaue the water would just flow over sandy area and it's blocked from going any, further ( ) wall. ' ' PAT MOORE:{ As you said, if you wanted to meet there - a, MRS. MELAMUD: We're here for the weekend. PAT MOORE: If you want to take a look and see the vegetation would be - CHAIRMAN GOEHRINGER: No, I'll go bacicon my own. ' MEMBER COLLINS: Haven't we all been out there? CHAIRMAN GOEHRINGER: Yes, we've been out there. ' . PAT MOORE:, .Oh yeah. I mean bring a Christmas tree with you or something, and see what would work - Page 56-April 6, 2000 Board of Appeals Hearings CHAIRMAN GOEHRINGER: I was hoping and I'm still on hopes but since we don't have a decision on this time and we won't have for a week or so, that maybe you could give me some idea of some environmental plants that would be, you know, of indigenous in that area that would grow other Black Pine which, you know, have these tremendous disease problems and maybe you could submit that to us. MRS. MELAMUD: Right, OK. I'd be happy to. I'll send you a letter about the forestry and the suggestions about plantings. CHAIRMAN GOEHRINGER: Great. PAT MOORE: Would a letter do, or do you want an affidavit? CHAIRMAN GOEHRINGER: A letter is alright. MRS. MELAMUD: Alright, I'd be happy to. PAT MOORE: I mean if you'd like to swear her in, after speaking to them - I could do that as well. CHAIRMAN GOEHRINGER: No, a letter is fine. MRS. MELAMUD: OK, I'll send it right out. CHAIRMAN GOEHRINGER: Good, thank you very much. Hearing no further comment I'll make a motion closing the hearing pending the receipt of those two letters. MEMBER COLLINS: Second. See Minutes for Resolution i . GLt 0 FOR BOARD AND STAFF USE �G� � /,`T Updated New Information V1-(p6-Le citk ckt 1 47)212-0--• cL6,4t.efe?-ifi-erezeel>e- c;X ka/ �, ii' —(),�,o.- gle/Q/4,24c1 3/2/ - tte- V-(-01491/,16 - - 44 . 422-ia,Lit,e7) 41r,t GAlle_4, /e) g..dt;2,pt, ph-ed 4&,14,6LD4)-i. Y15/121L5pr. 7a4 t o ,a)hCG o�� � t7b/oo 2 VA e ,OfazzA.44 , _ --- - NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY,APRIL 6, 2000 • J 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. APRIL 6, 2000 at the time noted below (or as soon thereafter is possible): 7:50 p.m. Appl. No. 4796 - RON AND SUSAN MELAMUD. This is a request for a Variance under Article Ill, Section 100-33, based upon the Building Department's February 11, 2000 Notice of_Disapproval and an application for a building permit to locate an accessory in-ground swimming pool and deck in an area other,than the required rear yard. Location of Property: 18603 Main Road (S.R. 25), East Marion; County Tax Map Parcel 1000-17-5-3.2. 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 (8-4pm.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: March 10,2000. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 I filj tiAli '' .5/ 4 19' ' ,i1A teilIP ..,"7_ P# Apri M E --liI '' APR - 6 MOO 1 I To: The Southold Town Board of Appeals o `} Re: Application of Ron& Susan Melamud for construction of a swimming pool Due to health reasons, I am unable to be present at the hearing on the above application scheduled for April 6, 2000 at 7:50 PM. However, I wanted you to be aware of certain restrictions on the use of fresh water on the subject property. The well supplying water to the property is located on my land. In the original conveyance of the property to Celantano, certain restrictions were placed on the use of said water supply. Specifically, the use of the water from my land is "limited to normal household use by one single family residence, and shall not be used for an underground irrigation system or in order to fill any pool which may at a future date be constructed on the premises". We are all concerned in this area with what we consider to be a fragile water supply. If this application is approved, what assurances would I and my neighbors have that water from said well would be used only as stipulated in the restrictions? Sincerely, . I d Grace B. Lomas 625 Stevenson Road Orient, NY 11957 GBL/jwl •a A SOUTHOLD TOWN B(`-72.,D OF APPEALS 6� '65- 1809 Fax: 765-9064 facsimile transmittal To: spal /'jai g Fax: 76,5_ /f6 73 From: ZBA Office Date OW Re: liheinynZlld___, Pages: 41 Update 0 For Review 0 Please Comment 0 Please Reply 0 Please Recycl COUNTY OF SUFFOLK ff Y1- CQ �. ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE SOIL AND WATER Thomas J. McMahon CONSERVATION DISTRICT DISTRICT MANAGER FAX: (631)727-3160 ([!)---- a (631)727-2315 t'J J i HNK r 511103/29/2000 Gerard P. Goehringer Southold Town Hall 53095 Main Road PO Box 1179 . Southold, New York 11971 Re: Melamud swimming pool in a side. yard adjacent to the Long, Island Sound Dear Mr. Goehringer, We have recently completed an evaluation at the above referenced property as per your request. The property in question is located in a significantly environmentally sensitive area due to its proximity to tidal wetlands and Long Island Sound bluff/beach zone. According to the United States Department of Agriculture' s soil survey for Suffolk County, the dominant soils types in this area are Tidal Marsh and Fill Land/Dredge Material. These soils are typically not suited for building sites with an exception where' the highly compressed organic layers have been removed. To determine if these layers have been removed, you may want' to contact the United States Department of the Army New York District, Corps of Engineers; most of the major dredging projects are headed by that office,. The groundwater elevation for these soils and this site range from 2 feet to - _5 feet below existing grades. This high groundwater elevation may present a problem for subgrade structures and piping. Therefore, you may want to review a more detailed plan of the structure before installation. . I , RIVERHEAD COUNTY CENTER 300 CENTER DRIVE, ROOM N-210 . RIVERHEAD, NY 11901 In addition, we have identified an exploitably vulnerable native plant throughout this parcel and more specifically in the fringes of the area outlined for this new structure. The plant (Opuntia humifusa or prickly pear cactus) has been listed on the NYSDEC' s Division of Lands and Forests Guidance as an exploitably vulnerable plant protected pursuant to section 9- 1503 of the Environmental Conservation Law. Your office may want to contact the NYSDEC' s Division of Lands and Forests for further assistance in the preceding matter. I have enclosed copies, of some reference materials for your perusal, and I thank you for requesting the comments of the SCSWCD (Suffolk County Soil and Water Conservation District) . Sincerely, )1,1,4 Joseph W. Gabrinowitz Soil District Technician 2 ti NYCRR Part 19'3 17/31 'I D l5 \7 l5 LJ v • 1 of • APR - 5 2000 6N','CRR I Chapter II I Disclaimer I Legend Part 193 [2/3] See also [1/3], [3/3]. Available DEC Guidance: The Division of Lands and Forests Guidance This web page was last updated 06/ 2/98. Please refer to the Disclaimer and Legend links above. For more information about this posting, contact: The Division of Lands and Forests [Continued from[1/317 [§ 193.3, filed March 17, 1975;repealed, new filed May 22, 1989 eff. 30 days after filing.] §193.3 Protected native plants. a. All plants enumerated on the lists of endagered species in subdivision (b) of this section, threatened species in subdivision(c) of this section, exploitably vulnerable species in subdivision (d) of this section,or rare species in subdivision (e) of this section are protected native plants pursuant to section 9.-1503 of the Environmental Conservation Law. The common names contained on these lists are included for information purposes only; the scientific name shall be used for the purpose of determining any violation. Site means a colony or colonies of plants separated from other colonies by at least one-half mile. b. The following are endangered native plants in danger of extinction throughout all or a significant portion of their ranges within the state and requiring remedial action to prevent such extinction. Listed plants are those with 5 or fewer extant sites, or fewer than 1,000 individuals, or restricted to fewer that 4 U.S.G.S. 7.1/2 minute series maps, or species listed as endangered by the United States Department of Interior in the Code of Federal Regulations. Species Common name Agalinis aceta Sandplain Gerardia Amelanchier x nantucketensis Nantucket Juneberry Angelica lucida Angelica Arnica lanceolata Arnica Asplenium viride Green Spleenwort Aster conolor Silvery Aster Betula glandulosa Tundra Dwarf Birch Betula minor Dwarf White Birch - Botrychium lunaria Moonwort; - Botrychium minganense - Mingan Moonwort Botrychium rugulosum Rugulose Grape Fern • Boutelouak curtipendula ; Side-oats Grama Calamagrostis porteri ssp.perplexa Wood Reedgrass Calamagrostis stricta ssp. stricta Northern Reedgrass Carex atratifonnis Black Sedge Carex barrattii Barratt's"Sedge Carex hyalinolepis Short-line Sedge - Carex mitchelliana -1Vfitchell Sedge V Carex wiegandii 4 Wieland Sedge ! G 1 6 NYC.RR Part 19'1 1-7/'1 VROP, / (IT Myrica pensylvanica Bayberry(Candleberr7 'Opuntia humifusa Prickly Pear(Wild Ca- Indian Fi r i ceaw ative Orchids, including: Adder's-mouth (Malaxis) Arethusa(Dragon's-mouth) Bog-candle Calopogon(Grass-pink; Swamp- pink) Calypso (Fairy-slipper) Coral-root Cypripedium(Lady's-slipper) Goodyera(Lattice-leaf;Rattlesnake-plantain) Kirtle-pink Ladies'-tresses(Pearl-twist; Screw-auger) Moccasin-flower(Neve-root) ; Orange-plume Orchis Putty-root(Adam-and-Eve) Pogonia(Beard-flower; Snake-mouth Scent- bottle) Soldier's-plume Three-birds Twayblade Whipporwill-shoe Orontium aquaticum Golden club Panax quinquefolius Ginseng(Sang) Rhododendron spp. (Native) Azalea • Great Laurel(White Laurel) Honeysuckle Pinkster(Election-pink;Pinkster-bloom) Rhododendron(Rosebay) Rhodora Sabatia spp. Bitterbloom(marsh-pink;Rose pink; Sabalia; Sea-pink) Sanguinaria canadensis Bloodroot(puccoon-rott;Red Puccoon) Sarracenia purpurea Pitcher-plant(Huntsman's-cup; Sidesaddle- flower) Silene caroliniana Wild Pink Trillium spp. Bethroot(Birthroot; Squawroot; Stinking Benjamin;Wake-robin) Toadshade Trillium Viola pedata Bird's-foot Violet e. The following are rare native plants that have from 20 to 35 extant sites or 3,000 to 5,000 individuals statewide. 1 \ ef)1/4Ve) \.11.___......„... .i e (= ' ":{NOTICE:OF; r;:.';:^. , MAR L 4 aff .- "`'FUJSi ic�HEARINGS,„�g nSOUTFIOLD'iQ) 1 ' °; •,-- 110ARI)OF.A119 '14.?, _.-; STATE OF NEW YORK) ttbildiSOVOtt.IL:011/4.Pgj )SS: .0 aNOTICE; S HEREBY.GIVEN COUNTY OF UFFO ,_.pursuant`to;Section=267 ofthe Town is;'Iaw;andChapter100,(Zoning),code_ OM^ ( I 1 (S of Mattituck, in said ror theyo canons ill bed ldfoollo', county, being duly sworn, says that he/she is mgyappncapontVill:, .. eiil=fo -Liu:- :-', 'iic;hearings;,iyti the;:;SOUTHQLD, Principal clerk of THE SUFFOLK TIMES, a weekly s TO Town H I�l,:5309 APPEARS•at newspaper, published at Mattituck in the Town of the'.Towii°..Hall;"•53095 tMain li-.9,0,, t;-Southo)d; Ne 9_r1 3,9,-7 ;on Southold, County of Suffolk and State of New York, `TmIURSted b ArRILA`}200_0A the.T and that the Notice of which the annexed is a printed times noted'beloHd.:4, " :• 5 „'6;15=p:in:Ap 1:41e0798�'"�.;-sC!HNc;; copy, has been regularly published in said Newspaper r!a LnvDA::,x eci:t.s_iCc i ti.i.A» once each week for request for a SpeCial;Ezce tjon;to. Wee s succeS- 4,establish,�"Accssory%y_Bd-r:xand'= SIV l , comme^n�Ing on the �t� day �i .7 , of � QleC�`\ 20 n()a Break ast:-use-mconlunction ,wRh, Article HkSeiti;as;l00-30B(under �`Article TII;-Section:100�30B'(14) of a;the;,Zoning>.�Cods._;Location:hof 1LS '- •'�Proplerty;r 930,'OOle;�"Jule-, •Lane; rincipal Clerk g Mattituck;SNY-,CountyfTax Map•, Pareel 1x000-1�.+. 1-45-1-..g.,,,,,_.,-,.:i,11.,._ . •, w _ .:7,6:20.„p.m..iiikinrNo ,4793•w;', -, Sworn to before me this (93 it :uest fo 0arith cessuan ei<A icle. day of �.?,.r1�1/ t 20 00 fi)(�9[�'Sec qn i 2448 n'd rticle•x ' iIi YSectioit`:100--30AA'bared-poa :, ►T.WEBER �:the Building s},artmetit'sd'ebfaa'rA,, P S�a WEBER Yora .7,200.0 Nott Dis i prova"lYand.a:: WAWYh L v" apo 'l:`atWok Courtly Zoo1 r�_•uildin�g;peii �app�icatint;[o-locate;, December 13, .:(a)`a pr,"oposed doition.to:dwellings, �- St Y li I•rw`i9•.. 1's+rwvSTS-•"'*r.=';k2--.`a=s....j tiincone rmingRi in`ards an i(b)1q;, f s'nodco',iiforii�iiig=s�d�,�.3%at'�'and;(b)tol-� �. �� ' : 'l1 tomato s� °locate,tiortl%e y,�io on s-vf 4gacage .partly gi �+a' ids,yar"d.',I::ocation sof f_ 4PiVii6.rty: ,755 Westphalia': RRoad�1,t Mattittu'ek::{-�Y ; C�oun,t iT`au--14_,a4ap,-1 — 5{ S.g3yil1W ! `-. +�. x`.•"� . t.r... ..:,_�..: m•i „:t'-`;,:_, .II R'. nm SCG ' - , .,:,��Di `F635 `A�;J1� 78 sa 'sr$u}� to Department'sMaicii2�2 ;r1U0=3QA{13�:"',':and° title ' xs,X• LAWRE_ E_,±;,an `;JO EPhIN g''%i`lotic of D sapprovalta d ans PPl s!a. ection, 100;239(A)(2)b seyd'jupon , ,;tee.. ,t: .. n s"Stwo t:•by>r,'�CRLSE�1��'p�f►nyatlo�r=';fro=m��- Yitionfo��buiCd�n�'�oeiTmt�to�7c�ase';�tt �;�Buit�png,�,�eprt,� s; C P-, , p...n'ei e ,r.=_'L ess 1�Iari�ir2�2000 l ei)ilekilfor;appi i n afproposed.poo..„_„ es_th"an fUb`fe8 �, Notiee� o ° Disappr,q alp ,at�c�,. 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L`rr n"� y�„Ct'"'� f�"".,C ��s �` .:M.k , 4'^'. r� Z'.—NtP•S ctF'25t�:'�'.�="^ky°f 5'f, sy',Wr,3?'k„ �;1:'ze';c'' hc� -.,;., '�"F -,>;.iYa, "� �"si" ,p �,.,. i_ fir,-:z_t -�xi�.'rAw•�,.^ Nr`,cx ���v`vc`w ,r'a is bs,�'eL4;i'..;,,:y_ ,,,,k�� ,. $,,f4^, ,'¢ rb;=,)2,.�' 7,..:�`'�itrltr...?5t=t1'}7,04`",r`"' „1'c.ss'z 5 •t'_ �, y s.+rr,,:-.., ,if„� 4w''<N_q 1, :�. `-�4' *e � ''..-4„'' s ' "•"'` 4.i":;,tli,:iz--'",f-r -rt,t:i%'.�:''S;„,r,«,^,a.,;:=- ..Y,y ,,+' �`_.,.......: r:s.,Y,�„� �s,,,.j=; .cr,:»k�: '.� �a,��E:T:.._...xir�{c'�.r'�3%r`i�£{:>..s...�^,s..w.25i...::�', t�.5.�L6�-'�s'L_f.;e' ` �.:.'`�?':..w.+:o3r�..'-'.L��'r¢:;.'��;�r•'.+z�= a3,�k.:. �..-rBd�i��•• #yr • I' `L E G A L S.••~ ,' • 7:40 pmi.`Appl.'.:No:'4799;: ►From.previous:page =,-., ;- ASTRID"`CADDIS:;Applicant:=te` �.0 a aa-guests,. 'Variances ;under -Afticic. i: -Williainsburrg,�Drive;''Southold;'NY'; S-3CXIII„<Section:,..100-239:4B`-rad L ParcelRK L 1006-78-540.)=41'1",•-,-:::ia . ,'v•-Article`,XXI�;,;Section 100-242A-, 7:15 p.m.`App1. No.' 4794 — M, based upon tlie?Buildingt-Inspectors MARK LAMPL.'Tills is a request for February; 29.2 00:;r Notice-;?of•- a Variance order :Article- (XIII, ;Disapp"roval; pd---,z pphcallon for;a- Section';100-239:4A(1),,based,upon r..building'permif`=',toi=l�ocate itopo`'sed`--'the Building pepai-tmenf.sganuary_', ,;§-idwellm' addition.'ftlie;;-propos d,� h' 25, c.L g,V.,.,, 2000 Notice iof'D1sapproval and : =addition wi1.l`bele'ss,than 75ifeet:from ;an;applic8tiowforxa;,buuldin -,7.2,,,e sid ya gvermit„r thefbulk 'eadt'fand il•h „ ?' to I :::t„th d s.• e' aril, ocate`a proposed sivitnitting pool at;less.,dhanili`;"'""' ` 'e"' +�'+"'"" at=less than•the'existing`66±ft,non • -, c 'if' ex�st�i,, f.I4'ro non- j (i conf rst ;.. r -,n:" ,i J conf ngsetback•fr "the :;�; ormi,at c a c I3my BPro`vard ormi om bluff of :'=7020' "}' "'f fir` ' p>'y theLongyIsland S d Se }.l NYs a untra'yc lo,uiParcely otiit :( ction100- "'.I aurel l g; olin- ,rst. 239.4 A `- axr•� of the"Z h•�;__,..p;,....-„,,,,,„� p: rcel onhig Code; rovide ,0. t-, 'for � ...P s. ;t=No.�000w126'-f Y: � �.';v a minimum-setback landward.of, 7:St)piii A'' I- o 4; •existing principal•dwellin 'or;'min=• PP 7,96'.-RON ` g,> _ ;49d:MJSANo1LYELAiMUD Th,,I 3 .imum'of 10'0 feet from the top of the requ,gat,ak,,,ar ance,under,, rt gip _'blufL)Location-of roperty; +" 'b. Lot 127 .TII;.�Sec�ion,-]00�33;rybased,'uponthe T on-the Map of Tebblei.-Beach;-also "Building De a rtment'srFcbruat yl l ;f known as 910 he,StrandWayEast.__, ,i2 oi ` PiP. valn,aq, P n-.4s,9 = ,•-Marion,NY:CountyTaxMap Parcel_ - ao tio1 g11n : d •. to;1000-302S1• ;.4,;,: ., - ``'1tcx nt1cSs'Oyfili-gna .SW1t11- I; 0mAp . 3 ._ :, 1 ,pPIKiNo,r 'E < ha5 - 1►e i1tn oin , el: narea.? JAMESMESKOUR1S'&:o his-is tR"Ithan,th iureda i,nr,, €a,. 9gi< y=a-request Relief:fromeonditio o r-ad 3Mmgtl(Sa=r No.2oAppi N6351:and:Appl:No.-, 25) Et Mariount3l'a)c' pF :3957: aallowsa”fioiued'°rpof�irit) ' Par ;,t .7,4.47_,-,..,,,,,ilu”n f, . c ;f N2`s�G9 _--,`canopystrucure ver e)tistin �deck • �S:Oxgt " .SpPT,f;._0s47ip "3_r:Thetpiior:Conditions;ielatiiBtol e�' �RUTHAPV#.BAIS,OV�3lit;isT.• ,cexistingtrieckx?:iiera . liase0gn` $�VaffianceaEfkAitiolet7XIIf '„ request for-a.VariancefunderrArticle. LSection' J0 239:4A 1, shill"' '3� sXXTII;Section 100 239:4B ba ' ` XXIV Sea'tion100 244;for' ;7the'Buildi -De artinents`Fehr i -V., � ,j _,� ra.reduced ;� ,a.!}g:.. p i{ry,-, setbackfrom ithe-[op offthe.sound :29,;2000.Notiee,,of�lD sap`rovai and' bluff=andifOir:1 G-"`' a` % "e4`', ;>an.a licatio v.' '' pal' "i' cote"r g: e1CcePding_., pp p'<for,.a liiiilclingpe . t. ,ki:cx4 3i'lt'e;Buiiding'Departmogi's_ io-locate :a=proposed addition;to' ^���'% !.1 l tai r;„- Y ' NotiE?e dF=Disa rogaLtiaied' ;existin d ellin;The r"o osed ad t- zq pP J:iiii ry: , g. g•; p [? „-j �• =r•>'•?5,'2000,4as;amhn'oe''ii,e0ich:B 0,0001•'i tips will lie;lesslliaii:75,feet from tier, for0300;%+;.SpSnd,74.`4ch EgD '+ Abu'"kheadcz eSoe d-En 't M:)_$rgpetiy-;1 s,� .rive, - -•� ,• vMaitituctC;NI' ar'`ce1 000=105 'f 12402 M00 11 1d4Eas Glanon`'IVY; ; R 3, 7: r ti f-,'1 "?-..-2,"'':7:3'0 ,- PP Y , %38`Q7',:._ Parcel 0 `•, - ,p:m:zrA lt;` bgs .�;, '"---'-`;i:-- QO-31 1 :5,;- 4f- ,,,.. �- . :r: CHRIS 11011 OURi . s` 3 -•'_'IlietBoard•+of•• cl �'ill :t ; ` Sl'8ctors Thi s'•_,, ' ' SPP,a 5will�yat'<,Etie-. r. �-a,repaes Joc elief from Conditi`' ,abogetimeandlp1aceshear,:allpe ons, ,,, (:1;:*°.'--' 20#0t,)952;id'A" '/oettietr,;re res_entafiveadesiruig�t6=be';~ ,��'3957r:tbt�ullorop fi 1 ulieard or . r, osed�reoftwtttit' i�,_.. Y'fo:subiaift�s�wntfet►;,.stale=+ canopy.stii3ciure overyekishn deck�' -meats(hcfore}thehearingis utl - coitcl`.. 1:4-Tiie prior Coiiditioris rel5t.' s ).' ach.'e ria • llai► trstart`ear 1=i. i`_ - r_ 1 Ortho r.-Ea,.. ,ir, h.a 8�. i>; ;r• .-j, e-:J- r _eistingt ,ifak twere;:4-6-i eilT.on "erthandesigiiat d Firesarea�ailabk' z -Vanarices:-;tinders Ardc1 * for.rerie ri �r Ll ,,tiff Sect c XXIII;:- N 4 5. ai: D:.8:, lir? ;,,� 'ito i 00 3'9:4A(01.1i,Article. business tottr�,t8 4,p ttl;),S ` ;. ;.•,.„_, 15-AXI,VRSectioryn100=244 T red:"` Dated.Ivfaiclif•13 2 ,,Order'•, e r itor„€�edu _ era,,>;.ct.•,,° 000,;( r,itt 1: ,,,,iotba c gitliAfig to ;i izf the`hurt `12 ',z17-4 r+;LLQ>i B -,Off de ' �': bltiffr n- fo'�s'�ot ' ..- .,J"- ?,-=mak- ..., f o u zo vetag a iceedini,, - „1•;4;.r;--,4,;z•;;„_> �-• sq..Sotitlzgld�To�v_n. �p:w'Tlre`?`{Bailding�S�Departmentlsk, .-''r„ `fixB aearof;Appeals `.Notice o 5apprbval adat �Tanuas ` - = :old N 5 I11971Road;r'. ?Y -- 25;°i,000y�r''egarilingvprgpetty'at',1350 `y.`rl ,,'Soutliol l; Y;1)765 1809' .‘,:1•Sound;3Beacti t t •z it-,0 , ,,--i''�°t-''J"'' "1809 r. W ;'u6'rive�;Mattifuck;�AT�-� �• •�� �,,1�'63�fa�7.6571-.....:,„-, ' rY5= ,,. 1,.:IPaeceUsiii,s *71,61;3a .:;.r61:;* ,S1 1?90=IT1VI33s�'r.'•:;`:..„; ':; ' ,: I I, , P, no .. .i, „ ..„:„ N AN I 1 7 -1," 6 i ,D , A .„ c , .., AL LI •i .1 p • # , .• 1 ..t.; 63 ,i,, i r 1 a , ;f, `-f•1 f�II, I, a ' �'f �" lrfq ! (' pO., .� is ! { ! �i A S ii ! ar witJ i '! 1,,, 11.i il y A.-, ;:„ , . L. L de,- CATION (other i , .! ) Sri Si ,{l! S• 1 i'eti' rs:; ) J�.. __ Project Name: 18603 Main Road-Proposed Swimming Pool ___ - -_ Waterbody: Long Island Sound crown of Southold) k 18603 Main Road 47 Mi 49 ^__�` _ 1 ___ Village: East Marion, NY (---1---'----'` -IT:- - Applicant: Ron A. and Susan M. Melamud <., ; .`/ i. ' I. I Date: January, 2000 ;M----.- _ a P\ Pr- P I I District: 1000 -, _Y � It Block: 017 ' iI93g r 4,. -f' . �ot: 5 ' EAST MARION �-- _i �'�^u �' �' i•1 'z 'F ;-fit ,, 'n {.n.. l '' ORIENT' 0 O.rN T / . - - 1 4 It t , . . , -Y/i `�,, ;,k1t kJ" ',/ 11957, .•to ...�f-• /X) : ' : ;�; Lona Island Sound Zoning Ordinance Compliance Sketch --I,,• _--_',1,7-;-- j ) 'i i C A,- C_ C. F G /,` :;w,a-mares-v,rtcwr.are .•avers ssTM. -.. „a.... m-r-•• --- " 11( C(/------- . . , / , I -F r R ISLAN F,. - --- �, u f. 14 / �- • OPIE. EE4C,. <T4'E P44't.. • i Arp ! ! F- Site Location Map .. _ r- __._ __. .___�..- - r+ N. 46° 20'50"E 617.52' _.. Low Water Mark ,..,•..- , "-w' . -------r- _ ... a '� High Water Mark Located July 25, 1995 , I Ordinary High Water Mark N .vaatlG3�. I I • _ .� _ _ �( r _ �r lY • A High Water Mark Per Minor Subdivision Map— 1984 I v moi. C ..�.!"".. I :,si PA . o747 M �" N mss.-_ —{}— .� ; ,...�---�- Scale: 1" = 25" y .. ,;/ C ........°'''.--- W Cr. • vi., Flood Zone V-9-- o„-.1 40 o (E L15) ` ? ' o J ..� a ” G oc o G i . Y 0. C' j d _,,,. — _— 356" �``�--�"'_—.....' '".Q�• `.._..�----�''- - - _ -- 212' - _.... J , JIS �� Existing Contours ($') -- ----- --- Flood Zone V-9 _ ___.. 443' rEL13 , _- _____------- \ 6 —_— -- �- -- / Y 1 ; a ` Proposed Swimming Pool = 18' x 36' # ® J 1 S='l�ti� '1 anl: F'rolrr �cri Deck tar isla,� Cesspools � _ �-bEdge of Disturbed Area (Approx) ,)/:\H , . i. 044444+444414144444. • \ .� i 1 Wood - te, jl � i • I I -- " Deck....„.........--- , , . ] 1 I -� I -� 159' r..-�... '-- _ / Proposed .g.IFilter Back alis! Pi i • • _ 1 iPiping ... 1-Story Frame House , �� I ' --- 1 - DrS�vcll \ . o { I J -o f Seawall v Pole c o Flood Zone A-B 0 �E L I I) �° I i , •-___�_ Driveway 1 \ \ 3 -- - - ........r. \ \ S 50°39'10" %V. 508.67' . , • \ -,..,--- -"Pr- ----10--\\---vr -Thme---- ..--.. 1011.1,-..* 4 •2tr-l '. ' ..------------eit • . Edge of Meadow .��,� N bN. J;). (I3M Wetlands Designatiox>!} !lam tel, . X3 Note: All structures and features shown represent existing conditions y �''' °X3'3 z Key: r = Proposed Ntw Facilities ,5� tt Orient— East Marion ParkDistrict 0 a -� �- - = Property Boundaries \ . - AN „ • W I - 1I EXISTING WOOD DECK HOUSE /\\. ' t -- L i ,.- >i\ i : I ^ I 4'-0" DEEP i ( rr�� i i i X /. " SELF-LOCKING GATE . _ t� it ,, , �- \ , ! . : f __ _ ____ .. ,. ly._...; --i . / . .., :if/L-7. • EXISTING DECK �� ` \ , • / ,„,'./ .-. . y G L �f. li \ /0 \,,, ..0_,„ ' \ / _ . )1/ \ "S.\''''' 44) , \,.I/ ' ..—_1 . / C). ' `� 'O 27 G��� PLAN \ yp Scale: '/4"=1'-0" \ . . , \• , \.\ 18'X36' VINYL-LINED POOL \ SELF-LOCKING GATE \- -.-- _ \ 6'-0" DEEP NAME: RON& SUSAN MELAMUD \ \, \ .1 \\. _ - . • ��, '�\ • ADDRESS: 18603 MAIN ROAD, EAST MARION, NY 11939 sort.• \\ 4,4",,, ‘‘ '',,,. DISTRICT: 1000 - ,. ' \ • / / SECTION: 017 --ALVA1. COPING, \ �\ i O \ ----- WOOD DECK /.' h. BLOCK: S ° '` \ WOOD STEPS ° LONG STEEL ANGLE LOT: 1&2 VINYL LINER I _ . J e \ /i.., s \ o STEEL PANEL , o I EL STIFFENER \ ---- o ,+' STEEL ANGLE DRIVE STARE •` / p. --_._..- ` "- ' Z � -1/1 / — .y i - _ i , -_-___7.1, _-_. 117 - . fcc AI.-_-_..__\\ -- E /2.. /' rsi11_ I{(= fly{�t14'=li / —rArllt{SHORT STEEL - !, 1i-- :-. 1 77.-r1-7 - •-• i A .._..4 _ . _ 4; ' ! 1-1 ---7- i ! /-/ - \I I / - . I / \/: I .;/- ,/- __ ., CHAIN LINK FENCE AROUND PERIMETER --_ ,i _ -- ,�� �' 4 WALL SECTION & A-FRAME - . . • -- t i = _ .. _ ! \ / ( ? / y �w __ � .. - ___ It 1.7-_; -1 - I 7 ' �� ::': + I I______AT_. IC ,I III 1 C11111111111111111111111 i � { YYY NOTE: Wall.section & A frame As shown above i.s for illustration / � ✓� .%'. �' — j' I g WOOD LATTICE k" Purposes only, structural stability f1 3. _. ._, . ..t IDERSIDE OF DECK • T►i11 be provided by professional __ Engineer hired by pool company , GRAD Contractor. — /J k. . _-. . _ r---_" ` Vit+.. __ - - - - i .,' • ELEVATIOV hN , - Scale: '/4"=1'-0" ,• ,