HomeMy WebLinkAbout4465
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APPEALS BOARD MEMBERS %gFFO(,f
~~0 CD Southold Town Hall
Gerard E Goehringer, Chairman ti`t` Gym 53095 Main Road
Serge Doyen o P.O. Box 1179
James Dinizio, Jr. Southold, New York ] 197]
f Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
Maureen C. Ostermann
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
ADOPTED AT REGULAR MEETING OF JUNE 19, 1997
Appl. No. 4465 - BARRY and CAROL ASNESS
PARCEL 1000-105-2-2.1
STREET & LOCALITY: 2879 Ruth Road Extension, Mattituck
DATES OF HEARINGS: April 24, 1997; May 7, 1997; May 19, 1997.
FINDINGS (PROPERTY FACTS):
DESCRIPTION: This property is located in an R-80 Residential Zone
District, being situate on the west side of a private right-of-way
which extends north from the end of Ruth Road. This is a water-
front parcel which contains a total area of 2.148 acres as depicted
on the May 16, 1997 survey map, and is improved with a 1-1/2 story
frame house with attached decks and garage, and an accessory frame
garage located in the most southwesterly portion of the front yard
area.
BASIS OF APPEAL- Building Inspector's Action of Disapproval dated
March 5, 1997 issued on the following grounds: under Article
XXIIII, Section 100-239.4A(l) to locate swimmingpool with deck areas
within 100 ft. of the Long Island Sound bluff or bank.
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate
swimmingpool with deck and step areas all as shown on the updated
May 16, 1997 map prepared by John Metzger, Peconic Surveyors,
P.C. with setback variables at 65 ft. and 55 ft. from the top bank
(near wood platform) at its closest points of new raised construction.
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
(1) The granting of the area variance will produce an undesirable
change in character of neighborhood or a detriment to nearby
properties. Testimony was received from area resients that the bluff
has a long history of severe erosion problems that remain unabated
and continue to undermine the edge of this bluff. In addition, two
neighbors testified that an eroding bluff line had forced them to
move their homes landward. The applicant also acknowledged erosion
problems on the bluff. In consideration of these factors. the
proposed construction would be contrary to the protective purpose
inherent in the 100-foot setback regulation.
(2) The benefit sought by the applicant can be achieved by some
method, feasible for applicant to pursue, other than an area variance
Page 2 - June 19, 1997
Appl. #4465 - 1000-105-2-2.1 (Asness)
Southold Town Board of Appeals
because the rear yard portion of the applicant's property is on a
steep slope and there appears to be no other relatively flat areas on
the property.
(3) The requested area variance is substantial representing a 35 to
45 percent reduction in the code required 100-foot setback from the
top of the bluff.
(4) The proposed variance may have an adverse effect or impact on
the physical or environmental conditions in the neighborhood or
district because of the potential risk of erosion to the bluff area
as well as manmade structures.
(5) The difficulty has been self-created because the 100-foot
setback requirement was in place long before the applicants
purchased their property.
RESOLUTION/ACTION: On motion by Member Tortora, seconded by
Member Dinizio, it was
RESOLVED, to DENY the relief requested.
VOTE OF THE BOARD: AYES: MEMBERS DOYEN, DINIZIO,
TORTORA, and OSTERMANN. (CHAIRMAN GOEHRINGER
ABSTAINED.)
This resolution was adopted by a major' y plus one (4).
JAM YS DINIZIO, R.
CHAIRMAN PRO TEM
Resolution Adopted 6/19/1997
Actions. 97/1052-2. 1
LEED FILED BY
OWN CLEEK
UR
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of Seuthoid_
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APPEALS BOARD MEMBERS 0 U gpFfO(~
CD Southold Town Hall
Gerard P. Goehringer, Chairman tip' Gym 53095 Main Road
Serge Doyen H ` P.O. Box 1179
James Dinizio, Jr. Southold. New York 11971
.yyyly °y , Fax (516) 765-1823
',/0 Telephone
Wa A.Tortora tea. j phone (516) 765-1809
Ma reen C. ostermann ~
BOARD OF APPEALS
TOWN OF SOUTHOLD
LEGAL NOTICE
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following applications
will be held for public hearings by the SOUTHOLD TOWN BOARD OF
APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New
York 11971, on THURSDAY, APRIL 24, 1997 at the times noted below (or
as soon thereafter as possible):
6:45 p.m. Appl. No. 4465 - BARRY AND CAROL ASNESS. This is a
variance based upon the March 5, 1997 Building Inspector's Action of
Disapproval under Article XXIIII, Section 100-239.4A(1), to locate
swimmingpool with deck areas within 100 ft. of the Long Island Sound
bluffor bank, at premises known as 2879 Ruth Road Extension,
Mattituck, NY; Parcel #1000-105-2-2.1.
6:55 p.m. Appl. No. 4469 - RAYMOND FEDYNAK concerning property
located along Fay Court (private road), Mattituck, NY. Applicant is
requesting:
a) a Waiver under Article II, Section 100-26 based upon Action of
Disapproval by the Building Inspector under Article II, Section 100-25A
which states "...Lot 1000-123-5-15 and 1000-123-5-16 have merged as
they have been held in common ownership at some time since July 1,
1983. Both lots were created by deed prior to April 9, 1957 and meet
the requirements of 100-24A(1). 1000-123-5-15 consists of 7500+- sq.
ft., and 1000-123-5-16 consists of 15,000+- sq. ft. of land area.
Page 2 - Legal Noti •
Southold Town Boar of Appeals
Regular Meeting of April 24, 1997
b) As an alternative, area variances under Article III-A, Section
100-30A.3 (Bulk Schedule) for each Parcel No. 1000-123-5-15 and
1000-123-5-16 as separate lots in this R-40 Residential Zone District,
which Zone District requires 40,000 sq. ft. of lot area, 150 ft. lot
width, and 175 ft. lot depth.
7:15 p.m. BELL-ATLANTIC /NYNEX. Carryover from March 19, 1997.
Property located at Main Road, Orient, NY. 1000-18-6-5.
The Board of Appeals will at said time and place hear any and all
persons or representatives desiring to be heard in the above
applications. Written comments may also be submitted prior to the
conclusion of the subject hearing(s). The above hearings will not start
before the time designated. Each file is available for reviews during
regular business hours. If you have questions, please do not hesitate
to call 765-1809.
Dated: March 31, 1997. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER, Chairman
By Linda Kowalski
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BOARD OF HEALTH
• FOHM NO.I SETS OF PLANS
TOWN OF SOUTHOLD RVEY .
BUILDING DEPARTMENT /CIIFCK . .
TOWNIIALL / SEPTIC FORN
SOUTHOLD, N.Y. 11971
TEL.: 7651802 uuT I F-Y ;
CALL
fxamincd 19
HAIL TO:
Approved 19 L'er hit N .
1
Disapproved a/c ...~1. 7...~?:
(Building Inspector)
FE13 I n APPLICATION FOR BUILDING PERMIT Ia ` ~p q
Date~J(AIv~'.V.~r19.17
INSTRUCTIONS
a. This application must be completely filled in by typewriter Orin ink and submitted to the Building Inspector, with 3
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets
or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
cation.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. 'Such permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
shalt have been granted by the Building Inspector.
,APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the constriction 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.
t- EAS
(Signature of applicant, or name, if a corporation)
~~x:.. i9P.. ~ . y.......
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
G.~N~(
11 . C~ .Tc?f ctz?pR............/
Name of owner of premises CAC0 BAKR~..... N. W~.S.' .
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
(Name and title of corporate officer)
Builder's License No. S55 (o . . /-f. /
Plumber's License No .
Electrician's License No .
Other Trade's License No .
I. Location of land on which proposed work will be conc .
.1.0 {ZUTI (.....R~.............. MA-.ITIT,IJ CK................
[louse Number Street Hamlet
County Tax Map No. 1000 Section .Q Block Q. 2....... Lot 2.:. , .
Subdivision Piled Map No. Lot...............
K1111c)I
2. State existing use and occupancy of premises and intended use and occupancly of proposed construction:
a. Existing use and occupancy Jai, C b. Intended use and occupancy ~f , (.L) y~ C~ ~pO ~0 I
3. Nature of work (check which appliloe): New Building Addito Alteration ~t
Repair Removal , Demolition Other Work .I (1. (bV JiU, ~?00 L.
(Vescription)
4. Estimated Cosl.... qqq
...a M ....,...................}'cc......................................
(to be paid on filing this application)
5. If dwelling, number of dwelling units 1........ Nlimbtr of dwelling units on each floor .
If garage, number of cars ......N/ A. * ,l .
6. If business, commercial or mixed occupancy, specify nature and extent of tact t 1) of use N.l. IS: , . , . , ,
Dimensions of existing structures, if any: Front 5 Rear ...6 Depth f. t , , , , , , ,
Height ...2.Q......... Number of Stories ~ ? .
Dimensions pf s:unF structure with alterations or additions: Front a S......... Rear ..E1' S• • .
Depth .(Ji . 34,QFDE~!c~PP lcighl.... /v~ 4S% i Number of Stories !U.~ 4: 3...~•...... .
8. Dimensions o entire new gonstruction: Front Rear Depth
Height Cj/1~toE.?P Number of Stories ...NIA i
9. Size of lot: Front (.~P, 9a Rear ~S /.B,5........... Depth ..b3J.•. ~?2.
0. Date of Purchase Name of Former Owner .
1. Zone or use district in which premises are situated R-30 .
2. Does proposed construction violate any zoning law, ordinance or Wgulation:...N t7 • .
3. Will lot be regraded N Will excess fill be removed from premises: Yes t N
4. Name of Owner of premisesC+u44 g-. J34KR.`(.. /RSN.Mddress l5$-,e 31j",ST-2.6A Phone No. ?
Name of Architect Address ...Zyg -$pU2 Phone No.212 . q... b .
Name of Contractor .Gr?V: E~ * INC, Address Phone No.73.9.-.? q 7
5. Is this property within 300 feet of a tidal wetland? *Yes........ No...4~...
*If yes, Southold 'Gown 'trustees Permit may >e required.
PLOT DIAGRAA
Locate clearly and distinctly all buildings, whether existing of proposed, and. indicate all set-back dimensions from
,roperly lines. Give street and block number or description according to deed, and show street names and indicate whether
ntcrior or corner lot.
Y
TATE OF NEW YORK, S.S
OUNTY OF
. teing duty sworn, deposes and says that he is the applicant
(Name of individual signing contract)
)ove named.
eis the
(Contractor, ag~nl, corporate officer, etc.)
said owner or owners, and is dul uthori\zcd-to-"rfonn or have performed the said work and to make and file this
)piication; that all statements contained in this application are true to the best of his knowledge and belief; and that the
ork will be performed in the manner set forth in the application riled therewith.
vom to before e this
Mary public, - U County•~'
CE M. WILKINS
r\.
Notary Public. State of Now York nature o
No 1952246, Suffolk Coin of applicant)
Term Expires June 12, 19
RECEIVED TOWN OF SOUTHOLD, NEW YORK
MAR 1 8 1991
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
Town Clerk Southold DATE .?.~.?.1 c1..
TO THE ZO~NINEBOmRD`OF eP $EALTOWN OF SOUTHOLD, N. Y.
V ~r11
1, (We) V. VRJAiS!?'~a.S:Cdr? .!.....d S~J Of~~~~~c?f.... 19. )
Name of Appellant Street and Number
y............. HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT DATED
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
of k
Z
Z.~. Y~. Y 4 f {.1 K %..J
~i . C kti..
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY pp
2 YZ.rr~ , ~ b ~ t
(1. )LOCATION OF THE PROPERTY
Street /RWet j 'Use District on Zoning Mop
District 1000 Section 105 Block aLotCurrent Owner os ' `
Mop No. Lot No. Prior Owner
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by nry ber. Do not quote the Ordinance.)
Article XX I I ~ Section ~Uu j39. ICJ) 0
3'. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(L// A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
( )
4. PREVIOUS APPEAL A previous appeal (haO"(has not been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was mode in Appeal No .................................Dated
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(V4 A Variance to the Zoning Ordinance
Is requested for the reason that _r ~C w -r C)~J u h Lt- ~G IY)~2
C~l~ S~iZ~C~~UrJ C F ~ (~SZOp~c>SL Q~ l) I m vr1 rv~
Form ZBI (Continue on other side)
ce 11h ~ o rz ~etJ etuq uJeJ l n~~.
I
i ,
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or at?neces- f;trt
sary HARDSHIP because ) bC "I(Dil ) A)
y~r~. rz -e r,~ ri vp, y-1r~ r~~ _S h `?~h ~R f~ c (C .
2. The hardship created is UNIQUE and is not shared by' all properties alike in the Immediate
1 b+~
vicinity of this property and in this use district because
y e (o l 12 p-C) pry-ruj&A
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because '4+.k ~~,CsL
S~rtu. uKA a (~fzo~erL~~ c~_ ON 1~cire///Pf
F o ~ ;j S~ to . 4 ~1S o
Poo
5e~~wu S~cC~ Uv J~A/ " ~~t E)~A- 1~Q,hho>Lho~c~~
STATE OF NEW YORK ) 'i
) ss
COUNTY OF 50F"' K ) Signature
Sworn to this day of........? 4u fi~':4 19
Notory Pub
I NDA .1. COOPER ~ -
P4Alie, State of New York
5 ::563 Suffolk CouMy~99-
„ ,.rt€cP,rnber31,ig__L._~ '
s
TOWN OF SOUTHOLD PROPERTYMCORD~r CARD
OWNER STREET 2 VILLAGE DIST. SUB. LOT
FORMER OWNER- N saU» E J L
lCh1r. v li>7~0~
I Ok~ W ~e h r C0 S W / TYPE OF BUILDING
EY ~~ed cs`/~ S~~dJ"es~/I t~Yade /Yew 19'F~0
RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value
LAND IMP. TOTAL DATE REMARKS
311/ a 0 9 Selk-- y&l1 d;aao dle4j s,Ei f, 09/es d.~/oc-,e a/ f
,4/an o ) ~/7d ~
,8P /oYASZ Cis, f vf dwc 1 E.C. '6a ooo
4'0 B z9 one a~n
- v o o FDO' ~Q 7/~~/ p•/~ //-730 Crrs7y. O/ee~ aa~e~'/• G,C'• x6 %ee ?
+++c, in aree•F
975 1 you
% 0 9500 ~f~3oa~ 3/i~ F~ 4-A e- g•
yFo~ 9900 i A/ Teo f/.° tL 6 L a~I6 rz 13~z~ ~ A>~,xF c~ I~,r -
'4 e o U /0' 2-UU / .S l V ? _ 3 I 611 1 rV-~ ' Y . W
C r -
'1~ou /o Fed Sou -s/a -LI5 - r AN
R q %-Lii-753p9c)oAx~~iri /l5nes5 *or5• onnn
Tillable FRONTAGE ON WATER
Woa;lo„ d FRONTAGE ON ROAD
DEPTH
Ho,,;, ~ BULKHEAD
Tolu
d-
i !
! r;' COLOR TRIM A14 f~
i
i g
i
/d ~d R R3 1L "
--2~
M. BldbSt, /SX sue- S7o 70~' 1yZ -
Extenslar?2 OS X z s. -34< ' ,9.45; s 0 3 1 1
Extension Q ZS/ ( A
Extension ~y / ax 3F :t3Fv y9~f 3 s; 17A 9
Foundation Bath 3 Dinette
o x•z. -a as S. 5o 17- to 4", l
Porch 3~_ ~9a So 9.5 Basement Fa// Floors, Gµ/c K.
Parch o~G 2 4/- Y~0 1,366 ?S y~ Ext. Walls A Interior Finish I LR.
DR. l /
Breezewalt~ o r y/ ?2u Fire Place Heat AV
Gara e~~ x .Z SL SAS U / f-S Type Roof t a k Rooms l st Floor I ~R.
Patio Recreation Room Rooms 2nd Floor I I FIN. B
O. B. Dormer (Driveway
I~?t I_
Total /D ~~h I I De
OS-17-97 174:34 FROM:PECONIC SURVEYORS PC S16-76S-1797 TO:7GS192S P,~GE-01
•
G ~S~P .Co.
f,.
Lea r~"'~
3
R
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W
RN rl f_~J
,
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s Z ~A
MNV! Q 1 K e ~ s
MAY 1 9
.
AREA= 2149 Acres f
to tie line
a e
!v~' i rf' O 1'0 pp• \ ~ ~i• ~N
SURVEY FOR d '/~66•d's~"
-r;;-9e
CAROL & BARRY ASNESS S. NN Pty
AT MATTITUCK p
TOWN OF SOUTHOLD 51 R~,t
\
SUFFOLK COUNTY, MY
1000- 105- 02-21
Scale: I"= 60'
Jan. 23, 1997
MOr. 14,1997 Slakes d Olsl. lD Bonk) 2 -
r!/ Z!, /997 (COASTAL EROSION HAZARD LINE)
X o 1117 ( pip A`
~iri'LiALAA~ TO A, IssEk rww, LnASr..L Pufa+
ANY AL r AMW CM Amt M 1M9 "A M An M Y. S. LIM NO. 4"1e
Of SECT 7209 DE "N ~ Y&W SrAr mL rA LAW
EXC r As G 52 CI M09-SS/dMAON L ALL CEN1FiCAY~G/.S
N ON 117 VALO r0A r t4f AIO C S r,ADICDI PLY f PECOMC SLWVEYORS, G.C.
SAO rAe aA CCriS AEA, r YMSS A£AL a MW ALRVEYaA !1161 765 - 7020
.M0.s£ SiW. nA•~ Ar AAS NOEEPI G. O_ BOX 909
ADdrRavALLY rD Loth, w SAO LA. 1NF rzw.. -ALrS1Ca Ar- 1230 TRAVELER STREET
N Sr A6 OSED AY ANY AI ALL SLRVEYDAS V111>aV A C(YY SOUTHOLD, N. Y. 11971
A. AND
Ae. bAa.~1l-N-aAT S ~ AS SN0r N CL~ML ~ /1 1 L0
96 - 31D
PAGE 1 RE ASNESS POOL HEARING
APRIL 20, 1997
GOOD EVENING, MEMBERS OF THE BOARD, LADIES AND GENTLEMEN. MY NAME
IS MEI SAVAGE BRADY. I LIVE WITH MY HUSBAND, WARREN BRADY, IN MATTITUCK,
MATTITUCK HILLS OVERLOOKING THE LONG ISLAND SOUND. WE HAVE BEEN YEAR ROUND
RESIDENTS HERE FOR 31 YEARS. WE ARE EYE WITNESSES TO THE CONDITIONS OF
NATURE THAT PREVAILED HERE ON A LONG TERM BASIS.
THE SUBJECT I AM ADDRESSING IS THE PROPOSED VARIENCE TO CONSTRUCT A
SWIMMING POOL AND DECK ON THE PROPERTY ADJOINING OURS ON THE EAST, RECENTLY
PURCHASED BY BARRY AND CAROL ASNESS. WE BELIEVE THAT THERE ARE A NUMBER
OF FACTSOF WHICH THEY MAY NOT BE AWARE OF' BECAUSE OF THE DIFFICULTY IN
OBTAINING FROM SOURCES NOT PRIVY TO THEM. I WISH TO PRESENT THESE FACTS
AND TRY TO POINT OUT AS CLEARLY AS I CAN OUR REASONS FOR OPPOSING THIS
CONSTRUCTION.
WE HAVE NO OBJECTION TO A POOL PER SE. HOWEVER, WE DO STRONGLY OBJECT
TO THE LOCATION BEING PROPOSED TO CONSTRUCT THIS POOL AND DECK. LET ME
EXPLAIN WHY THERE ARE INHERENT DANGERS HERE.
FIRST, I WOULD LIKE TO REVIEW THE HISTORY PERTAINING TO THIS PROPERTY
AND THE BLUFF WE SHARE.I WISH TO POINT OUT THE THREATS POSED BY SURROUNDING
FORCES AS THEY AFFECT THOSE OF US LIVING ON THIS BLUFF WHICH BINDS US TOGETHER
AS WELL AS HAVINQ'A DOMINO REACTION TO ADJOINING PROPERTIES EAST AND WEST.
OUR INITIAL OBERVATION, IN 1964, OF THE PROPERTY ADJOINING OURS TO THE
n
EAST WAS OF A DEVESTATED HOUSE, ASKEW AND CANTILEVERED OVER WHAT APPEARED
TO BE AASAND DUNE OF ENORMOUS DEPTH EXPOSING AN UNOBSTRUCTED VIEW OF THE
LONG ISLAND SOUND OVER 150 FEET DOWN.
NEXT PAGE
PAGE 2 • HE • ESS POOL HEARING
SURROUNDING THIS RUIN--WERE MAGNIFICENT EVERGREENS OF SPECIMEN QUALITY
RARE MING TREES, BEECH , AND A VARIETY OF OTHER SPECIES, DOMESTIC AND CULT-
IVATED, INTERMINGLED WITH WITH OVERGROWN VINES, BEACH PLUM AND BAY BERRY.
THERE WAS NATURAL GROWTH UP TO THE CREST.
WE SUSEQUENTLY LEARNED THAT THIS DISASTER TO THE HOUSE WAS THE RESULT
OF AN ENORMOUS AVALANCHE PRECIPITATED BY A HURRICANE WHICH THE NORTH SHORE
OF LONG ISLAND SEVERLY. A SERIOUS FAULT RUNNING ALONG THE BLUF'F' HELPED TO
DEFINE THE AVALANCHE. THE FAULT IS A SENSITIVE CONDITION AGITATED BY ACTION
DUE TO NATURE AND ALSO DUE TO TAMPERING BY MAN.
ABOUT TWO MILES WESTWARD IN JAMESPORT ON THE SOUND, IN 1968, LEVON
PROPERTIES INC. HEADED BY GEORGE SEMERJIAN, EXCAVATION AND DREDGING WAS
BEGUN ON WHAT WAS ADVERTISED AS A SITE FOR A DEEP WATER PORT WITH MOTELS,
MALLS AND MARINAS. THIS HAD ALREADY BEEN APPROVED BY THE RIVERHEAD TOWN
BOARD AND 500 ACRES WERE DOWNZONED FROM RESIDENTIAL TO INDUSTRIAL.
wAp $uRPEOTPv
AS I , THIS PROJECT TURNED OUT TO BE A GLORIFIED SAND AND
GRAVEL OPERATION WHICH REQUIRED TWO ENORMOUS JETTIES TO ACCOMMODATE LARGE
BARGES FOR TRANSPORTING THE SAND AND GRAVEL TO CONN. FOR CONSTRUCTION PURPOSES
WHILE THIS SITE WAS IN JAMESPORT, IT WAS'-ALSO ON THE BOUNDARY LINE OF SOUTHOLD
TOWN, ONLY TWO MILES WEST OF THE MATTITUCK INLET.
AS THEY PROCEEDED TO CART AWAY THE HIGH BLUFFS OF JAMESPORT TO CONN.
AND FLOATED TWO JETTIES (ACTUALLY BARGES SERVING AS TEMPORARY JETTIES) THE
BEACHES TO THE EAST BEGAN TO SUFFER SEVERE EROSION. THE LITTORAL DRIFT
WHICH REPLENTISHES THE WINTER RAVAGED SHORE, FLOWS WEST TO EAST ON THIS SIDE
i
OF' THE ISLAND AND BALANCES OUT THE THE ACTION, WAS BEING TRAPPED ON THE WF4T
SIDE OF' THE JETTIES, BUILDING THE BEACH UP THERE AND STARVING 'THE BEACHES TO
THE EAST. AS THE BEACHES ERODE, THE BLUF'F'S UNDERPINNINGS ARE SCOURED OUT.
NEXT PAGE
PAGE 3 RE ASNESS POOL HEARING
WHEN THE BLUFFS PROOVED TO BE COMPOSED PRIMARILY OF CLAY, SEMERJIAN
SOLD THE OPERATION TO CURTIS WRIGHT CORP. CURTIS WRIGHT PROCEEDED TO BUILD
TWO LARGE JETTIES 650 FEET OUT INTO THE LONG ISLAND SOUND. AS WE WATCHED
THE CONSTRUCTION AND THE INCREASING EROSION TO THE SOUTHOLD BEACHES AND
THE BREAKING DOWN OF THE BLUFFS, WE WERE UNAWARE OF THE ILLEGAL ASPECT TO
THIS OPERATION UNTIL WE WERE PROVIDED WITH A DOCUMENT ISSUED TO THE ARMY CORP
OF ENGINEERS REQUESTING A PERMIT TO BUILD TWO 650 FT. JETTIES INTO THE L.I.
SOUND.
BY THIS TIME EVERYONE WAS MADE AWARE OF THE DETRIMENTAL AFFECT THE
JETTIES WERE HAVING ON THE SOUTHOLD TOWN SOUND BEACH AND BLUFFS. A GROUND-
SWELL OF OUTRAGE RESULTED IN THOUSANDS OF SIGNATURES FROM ALL PARTS OF
EASTERN LONG ISLAND ON PETITIONS REQUESTING A HEARING BEFORE THE ARMY CORPS
OF ENGINEERS.LETTERS NUMBERING IN THE HUNDREDS WERE SENT TO OUR REPRESENTA-
TIVE IN WASHINGTON D. C., OTIS PIKE. REPRESENTATIVE PIKE WAS A MEMBER OF
THE HOUSE ARMED SERVICES COMMITEE, REQUESTING A HEARING BEFORE THE CORPS.
NEXT PAGE
PAGE 4
ASNESS POOL HEARING
MR. PIKE UNDERSTOOD THE SITUATION AS HE ALSO OWNED ERODING SOUND
SHORE PROPERTY A SHORT DISTANCE EAST OF US. HE HAD THE ARMY CORPS OF
ENGINEERS SCHEDULE A HEARING IN FEB. 1971, AT THE RIVERHEAD HIGH SCHOOL.
OVER 800 IRATE CITIZENS ATTENDED THE HEARING WHILE SPEAKER AFTER SPEAKER
INCLUDING PROFFESSOR OF' ECOLOGY, SOUTHAMPTON COLLEGE, ENVIRONMENTALISTS
FROM BOTH FORKS AND GEOLOGISTS DENOUNCED THIS INVASION OF DESTRUCTION
AND EXPLAINED THE FRAGILE CONDITION OF' THESE BLUFFS AND BEACHES. SHORTLY
AFTER THE HEARING, LEVON PROPERTIES OWNED BY CURTIS WRIGHT SHUT DOWN.
NEW YORK STATE ATTORNEY..GENERAL LEFKOWITZ WAS PETITIONED TO HAVE THE
JETTIES REMOVED SINCE THIS WAS IN THE JURISDICTION OF THE STATE WHICH
a
INCLUDED THE SOUND WATERS.
THE MEASURE OF JUST HOW IMPORTANT THE PROTECTION TO THIS SHORE AND
BLUFFS IS IN THE FACT THAT A MULTI-MILLION DOLLAR POWERFUL CORPORATION
WAS FORCED TO SHUT DOWN OPERATION AND TO REMOVE A SUBSTANTILL PORTION
OF THE MAMMOTH JETTIES DOWN TO MEAN LOW WATER LEVEL. HOWEVER,-THE UNDER
WATER REMAINS OF THIS INSTALLATION HAS CONTINUED TO INTERUPT THE NATURAL
MOVEMENT OF THE LITTORAL DRIFT AND EROSION CONTINUES AT A SOMEWHAT LESSER
DEGREE.
IN THE INTERIM YEARS TWO HOMES WERE JUDICIOUSLY MOVED BACK FROM THE
ERODING EDGE OF THE BLUFF, ONE DUE TO A CRACKED FOUNDATION AND THE OTHER
TO AVOID THE SAME FATE. THERE ARE TWO OTHER HOUSES ALSO DELICATELY
PERCHED THESE HOUSES ARE WITHIN 200 to 400 FEET OF THE PROPOSED
POOL,
REGARDING THE HISTORY OF THE PROPERTY ADJOINING OURS. DEVELOPMENT
OF THE AREA BEGAN WITH THE BULL-DOZING OF A ROAD OVER 1000 FT. UP A
STEEP INCLINE TERMINATING AT THE TOP OFTnE BLUFF'. THE MATERIAL, INCLUD-
ING TREES,3USHES,STUMPS, SOIL ETC. ++AS 3ULL-DuZcL OVER THE ELUtF AND
hlvvm DAr_V
PAGE 5 -
ASNESS POOL HEARING
BECAME THE BASIS OF THE LAND FILL TO EXTEND THE BLUFF. AS THE LAND WAS
CLEARED AND LEVELED, ALL MATERIAL WAS BULL-DOZED OVER THE BLUFF, CONTRIB-
UTING TO THE LAND FILL. ALL THE LANDSCAPING, SHRUBBERY, ROOTS AND ALL
WENT OVER THE SIDE INCREDI3ILY. I WATCHED THE REMAINS OF' THE HOUSE
ALSO GO OVER THE CLIFF. THE F'ODFDAT'ION, CELLAR CONCRETE, FOOTINGS,
FIREPLACES,VANDALIZED APPLIANCES, PLUMBING FIXTURES, AND THE ENTIRE RE-
MAINS OF THE HOUSE WAS BULL DOZED OVER THE BLUFF, BUILDING UP THE HEIGHT
AND DEPTH OF THIS LEDGE, TIRES WERE PLACED SOME DISTANCE DOWN PRESUMABLY
IN ORDER TO HELP RETAIN THIS LAND FILL. THEN SOME TOKEN PLANTINGS WERE
INSERTED HERE AND THERE ON THE NORTH SLOPE OF THIS LAND FILL.
THE LEDGE WAS GRADED TO CONNECT WITH THE LEVEL OF THE NATURAL CREST
MAKING IT APPEAR THAT THE NATURAL DEPTH WAS ABOUT 100 FEET BEYOND WHERE
IT WAS TRULY IN EXISTANCE. ON THE BASIS OF THIS EXTENDED LAND FILL, NEW
IN 1 3 79
OWNERS OF THE PROP.. (ADJOINING OURS TO THE EAST, (ND THE LOCATION FOR,TONI,GHTS
HEARING) APPLIED FOR A PERMIT TO BUILD A HOUSE ON A SET BACK AT WHICH TIME
CONTRACTOR IGNORED THE TRUE CREST AND MEASURED FROM THE EXTREMITY OF THE
NEWLY CREATED LEDGE._._ S iT," 6/ Spa' l,v sT_EAP of t/p
TAKING' INTO:CONSIDERATION OUR KNOWLEDGE OF THESE CIRCUMSTANCES, WE
HAD OUR ATTORNEY":STEVE LATHAM, SEND A REQUEST TO THE BUILDING INSPECTOR
TO ISSUE A STOP ORDER TO PROVIDE TIME FOR THE CONTRACTOR TO REVISE HIS
PLAN AND TO CORRECT THE VIOLATION OF' THE SET BACK. HOWEVER, FOR REASONS
NOT CLEAR, THE BUILDING WAS NEVERLHELESS COMPLETED ON THIS LOCATION IN
VIOLATION OF THE TOWN'S REGULATION.
NEXT PAGE
THE HEAVY EQUIPMENT USED TO BULL DOZE THIS AREA AND DIGGING THE FOUND-
ATION SET UP VIBRATIONS OF THE GROUND WHICH RESULTED IN SECTIONS OF OUR
BLUFF TO BREAK AWAY AS I FELT THE VIBRATIONS AND WITNESSED. THE SECTIONS
BREAK AWAY.
NEXT PAGE
PAGE 6 RE ASNESS POOL HEARING
AS WAS PREDICTABLE, THE LAND FILL IS NOW SEEKING ITS NATURAL ANGLE OF
REPOSE AS ESTABLISHED BY THE NATURE OF THE BLUFF. IT IS MANIFESTING ITSELF
AS IT CONTINUES:.ZTS INEVITABLE SLIDE DOWNWARD. TWO LEVELS ARE NOW APPARENT.
IN ORDER TO REACH THE LOWER LAND FILL LEVEL, STEPS HAVE BEEN PERIODICALLY
ADDED.
THIS SIGNIFICANTLY LOWER LEVEL GIVES A VISABLE MEASURE BETWEEN THE
TRUE CREST AND LAND FILL, ROUGHLY ABOUT 44 FEET FROM THE TRUE CREST ND THE
HOUSE. THIS HOUSE WAS BUILT IN VIOLATION OF THE TOWN SET BACK REGULATIONS .
IT IS-HERE, ON THIS VERY SPOT, HISTORICALLY UNSTABLE, WHERE ONE HOUSE
WAS COLLAPSED BY NATURES WRATH, THAT A POOL AND DECKING IS PROPOSED. THE
CONDITION CREATED BY THIS PRECARIOUS LANDFILL DOES NOT CONSTITUTE A CORRECT-
ION OF NATURE .
WHEN WE PURCHASED OUR PLACE, WE WERE NOT INFORMED OF THE EROSION DUE
TO THE FAULT IN THE BLUFF. WE WERE TOLD THAT THE DISASTER TO THE EAST OF
OUR PROPERTY WAS AN,jISOLATED FREAK OF NATURE. HAD WE BEEN AWARE OF THE TRUE
STATE OF AFFAIRS, WE WOULD HAVE BUILT FAR BACK OF THE FRAGILE CREST.
WE ARE PROVIDING PICTURES TO SHOW THE CONDITIONS AS THEY ARE.
NEXT PAGE
PAGE 7 RE ASNESS POOL HEARING
1. BY ITS NATURE THIS IS A VERY UNSTABLE SPOT TO BUILD A POOL.
2.0NE HOUSE HAS ALREADY BEEN DESTROYED BECAUSE OF BLUFF COLLAPSED
3. THERE IS TOO LITTLE SPACE AVAILABLE FOR A POOL.
4. THERE IS A SERIOUS FAULT RUNNING ALONG THIS BLUFF.
5.BEACH EROSION IS OCCURRING.
6. RAIN EROSION IS OCCURRING AT THE CREST.
7.ALL BLUFF TOP STRUCIMBES CREATE STRESS3TO AN ALREADY STRESSED
AND UNSTABLE BLUFF.
WE, THEREFORE, RESPECTFULLY, REQUEST THAT THIS APPLICATION FOR A VAR-
IANCE BE DENIED.
7a'Dym MAY 7, 1997
If
GOOD EVENING MEMBERS OF THE BOARD AND LADIES AND GENTLEMEN.
I HAVE SCRUTINIZED THE SURVEY AND IT IS APPARENT THAT THERE IS NO
ACKNOWLEDGEMENT OF THE NATURAL CREST OF THE BLUFF WHICH RUNS CONTINUALLY
FROM PROPERTY TO PROPERTY AND CONNECTING TO OURS. THIS CREST INDICATES THE
FAULT LINE WHICH IS THE CAUSE OF THE LOWER LEVEL OF LAND WHICH IS UNSTABLE
AND SLIDING DOWN AS WE EYE-WITNESS IT. THIS FAULT LIME WAS CITED BY MR.
GOLDMAN, A GEOLOGIST FROM CALIFORNIA WHO WAS CALLED IN BY SOUTHAMPTON COLLEG
TO STUDY EROSION PROBLEMS HERE IN 1969. HE MET WITH US WHO WERE CONCERNED
WITH THE INCREASING PROBLEM CREATED BY THE LEVON PROPERTIES JETTIES. HIS
STUDY INCLUDED THE BLUFF AREA.
THE CREST OF THE BLUFF IS CITED 3Y GEOLOGISTS AS THE POINT FROM WHICH Ic
MEASURE FOR SET BACKS.
I HAVE BROUGHT IN SKETCHES WHICH, WHILE NOT TO SCALE, WILL GIVE YOU
AN IDEA BY THIS SECTIONAL VIEW OF WHAT IS OCCURING HERE.
IT IS COMMON KNOWLEDGE THAT THESE BLUFFS ARE ARE HIGHLY VULNERABLE TO
RAIN AND STORM EROSION BECAUSE OF THE SOFT COMPOSITION OF THE MASS BEING FLAY
AND SAND.
THIS PROPOSAL FOR AN EXPERIMENTATION IN DIGGING A POOL ON TOP OF THE
HIGHEST BLUFFS ON THE NORTH FORK, AND CONSIDERING THE DISASTERS WHICH HAVE
OCCURED HERE DOES NOT WARRENT THE RI.3 TO THE BLUFF INCLUDING THE NEIGHBORING
CRESTS WHICH ARE JOINED TO EACH OTHER.
THANK YOU
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~VIA
- COUNTY OF SUFFOLK
W7
I
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
STEPHEN M. JONES, A. I. C.P.
DEPARTMENT OF PLANNING DIRECTOR OF PLANNING
June 27, 1997
Town of Southold
Zoning Board of Appeals
Applicant: Asness, Barry & Carol
Municipal File No.: 4465
S.C.P.D. File No.: SD-97-12
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative
Code, the above referenced application which has been submitted to the Suffolk County Planning
Commission is considered to be a matter for local determination as there is no apparent significant
county-wide or inter-community impact(s). A decision of local determination should not be
construed as either an approval or disapproval.
Comment:
Appears inappropriate as sufficient information has not been submitted to demonstrate
compliance with applicable variance criteria.
Very truly yours,
Stephen M. Jones
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:cc
CiW P W IN601W PDOCS,ZONING%WORKING\LDSJUNE\SD97-12. JUN
220 RABRO DRIVE ¦ P.O. BOX 6100 ¦ HAUPPAUGE, LONG ISLAND, NV 11788-0099 0 (516) 853-5190 • FAX (516) 8534044
APPEALS BOARD MEMBERS
~O Southold Town Hall
Gerard P. Goehringer, Chairman y` 53095 Main Road
Serge Doven °n 2 P.O. Box 1 179
James Dinizio, Jr. O Southold. New York 11977
_1'ijjO gyp! ' Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
Maureen C. Ostemann
- ~
BOARD OF APPEALS
TOWN OFSOUTHOLD
Pursuant to Art_ale }mil of the Suffolk County Administrative Code, The
Board of Apoeals of the Town of Southold, New York, hereby refers the follcwi_ng
to the Suffolk Ccinty Planning Caanission:
XX Variance from the Zoning Code, Article XXIIII Section 100-239.4A(1)
Variance from Determination of Southold Town Building Inspector
Special Exception, Article Section
Special Per^ i t
Appeal No: 4465 Applicant: Barry and Carol Asness
Location of Affected Land: 2879 Ruth Road Ext., Mattituck, NY
County Tax Mao Item No.: 1000- 105-2-2.1
Within 500 feet of:
Town or Village Boundary Line
XX Body of 'dater (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or Federally Owned Land
Boundary of Existina or Proposed County, State or Federal Park or other
Recreation Area
Existing or Proposed Right-of-Way of any Strum or Drainage Channel Owned by
the County or fgr which the County has established Channel Lines, or
Within One Mile of a Nuclear Power Plant
Within One Nile of an Airport
C,mments: Applicant is requesting permission to locate swimmingpool with
deck areas within 100' of bluff or bank along L.I. Sound
.:,pies of Town fiie ana relatea documents enciosea for your review.
:;ated_ ~u~a a /9?-
June 20, 1997
Mr. Peter Stoutenburg
Environment East, Inc.
P.O. Box 190
Peconic, NY 11958
Re. Appl. #4465 - Mr./Mrs. Barry Asness
Dear Mr. Stoutenburg:
Enclosed please find a copy of the Board's written determination
rendered June 19, 1997 which denied the application, as requested.
Very truly yours,
Linda Kowalski
Enclosure
Copies of Decision to:
Building Department (for update)
Mr. and Mrs. Warren Brady
Town Clerk's Office (original)
APPEALS BOARD MEMBERS
~~SQFFQ( ~ ~ Southold Town Hall
Gerard P. Goehringer, Chairman Gym 53095 Main Road
Serge Doyen v y r P.O. Box 1179
x { Southold, New York 11971
James Dinizio, Jr. p Fax (516) 765-1823
~eberr.4~4kC
Lydia A. ~prt~a~'~Oj Telephone (516) 765-1809
Ma reen stermann
BOARD OF APPEALS
TOWN OF SOUTHOLD
S March 31, 1997
Re: Recent Zoning Application
Dear At, _P~-~f,
This letter will confirm that a public hearing has been authorized
by resolution of the Board of Appeals, and is at this time being
forwarded for publication in the Times-Review newspaper as described in
the attached Legal Notice.
1) *Please send the following documents by certified mail, return
receipt (green cards) requested, to each of the surrounding landowners
at the addresses shown on the current tax assessment rolls. After the
y green cards for the "return receipts" have been received by you, please
send them to us for the permanent record.
Ci a. a copy of the attached Legal Notice (or similar notice with
1 the time, date, place and nature of the public hearing);
b. a copy of the map showing the location of the property and
location of proposed construction, and if for new construction, a rough
,ketch or similar drawing showing height, entrance, and general
construction areas.
2) Please place the enclosed Poster sign on a post, stake, or fence
not more than 10 feet from the property line facing the street. The sign
r ` must be displayed for seven days immediately preceding the date of the
public hearing. Placement of the sign must be verified and included in
Ll~the enclosed Affidavit.
3) Please return to our office the enclosed Affidavit of Mailing and
Posting, with copies of the above documents (a) and (b) and postmarked
certified mail receipts (stapled to the Affidavit). Should you choose to
send the Neighbor Notice Form instead, please remember to give notice of
the date, time and place of the public hearing in a cover letter, or in
the neighbor notice form. Upon receipt, we will transmit the legal
notice to the official newspaper office for publication in the next issue
f the newspaper.
The Board Members will be arranging to view your neighborhood
(and view the staked area of the new construction (if any)). Please call
Page 2 - March 31,
Re: Notice Requirements
Recent Zoning Application
us if we may be of help with any questions, or if the hearing date is not
convenient for you.
Very truly yours,
Linda owalski
MaryAnn Cybulski
Enclosures
Speech for Variance Hearing 5-19-97
Good Euening members of the Zoning Board of
Appeals and everyone else who is here tonight. i
haue brought with me a copy of what 1 am going
to say tonight and i respectfully submit it to you.
My name is Carol gsness. I haue Hued on the
North Fork for I t of mg 53 years. My husband
Barry and 1 iiued in Peconic, just flue houses off
the bay where we learned to loue and respect the
North Fork. We also learned about the fragil
nature of the enuironment that we all Hue in..
Our dream to Hue on the water was fulfilled last
September when we sold our house in Peconic
and bought a house on a high bluff in Mattituck
ouerlooking the Ll Sound.
My work takes me to many places in the United
States and often out of the country. i commute
somewhere almost euery week, Either t go into
NYC to work for three or four days or i fly off to
somewhere else to work. No matter where 1 go, l
am always anxious to return to the beauty and
tranquillity of this wonderful piace.
Unfortunately, this tranquillity has been marred.
Our immediate neighbors to the West, Warren and
Mei Brady have ardently objected to our
variance application for a pool as to this 1 must
note a clear pattern. They have also and just as
ardently objected to the initial building of our
house some twenty years ago. The Shannons'
our neighbors to the last, told us that they gave
their builders a hard time when they built their
house and of course you are aware of the Psyllos
tennis court situation.
The scorecard as to our other close neighbors is as
follows„
Our immediate neighbors to the last, the
Shannons as 1 haue mentioned have no objection
to the pool. They wish us well and expressed their
only concern in all this ---As our very unpleasant
welcome to the area.
The neighbors East of the Shannons, the
Sledjeslki's also have raised no objection.
The Burns ( West of the Bradys) haue not objected
to the pool and Doug Cooper ( just West of the
Burns) spoke clearly at the last hearing that our
pool is not the problem. He has attended the last
two Zoning Board of Appeals meetings to
demonstrate his support and I am grateful to him
for this.
The Psyllos our contiguous neighbors to the south,
haue also wished us well.
Additionally, just for the record, the people who
haue objected to our pool ----other than the
Bradys---- do not flue contiguous to us or to the
Bradys or Shannons.
I would like to moue to some of the more
releuant concepts.
Is there erosion on the bluffs??
----Is weight on the top of the bluffs the cause
of the erosion?
----Does a pool weight more or less that the dirt
that is remoued?
And ultimately can a small pool built close to
our house cause erosion of the bluff upon which it
sits??
First lets took at- Rr_e the Bluffs Eroding?---of
course there is erosion on the bluffs.. It is sad to
walk along the sound beaches its Mattituck. There
is a lot of erosion. You can see cliffs sheared and
flights of steps is carious stages of decay.
Unfortunately none of it is caused by what is
on too of the bluffs, If it was, it would be far
easier to fim........
It is gfi caused by what is happening down below.
The winds and tides, the Jetties, the forces of
nature are at work.
Again back to my questions--- --is the weight on
top of the bluffs the cause of erosion???
Unequiuocalty the answer is no.
1 spent hours in the last two weeks on the
internet reading about beach and soil erosion and
beach erosion control. No where did anyone
discuss a causal relationship - - -between the
weight an top and the erosion of our or any other
shoreline. When you read reports on erosion from
Hawaii to California, to NY ----erosion was always
discussed in relation to the water and tides---
neuer as to the weight added on to the bluffs---
nor did I find the term "fault" in any of the
releuant literature.
But just to allay any fears---the weight of the
proposed pool - will be less than the weight of
the dirt remoued. We haue been aduised by a
structural engineer that we should really compare
the weight of the pool to the weight of wet dirt
since soil gets heavier when it rains. If you look
at it that way, then the pool really weighs _Less
than the existing dirt. In fact, by building the
pool we are actually lightening up the weight on
the bluff. Not that that really matters.
But back to the issues at hand- - What we are
asking for is permission to build our pool, close
to our house, well within the set back of our two
adjacent neighbors.
What strikes me as truly bizarre is that the Bradys
tell us that as retirees they especially fear the
loss of their valuable equity in their property.
Contrary to that, they persist in publicly stating
• a,
views which will have the effect of diminishing
everyone's equity in high bluff property.
In a correspondence I received from Mei Brady
just this week she again reiterated their position
and I quote 'this is a disaster ready to happen.'
and she called the bluff 'unstable.
i ask you, who would buy a house and pay a
pretty penny for the privilege of living
precariously perched ---waiting for disaster? Are
the Brady's thereby destroying the very ualue of
their own properties? It is sad to note that had
the Brady's, as good neighbors should, initially
discussed their concerns with us, there is a strong
tiklihood that these issues could have been settled
amicably.
To me the bottom line is this-- _ were it not for
the efforts by the Bradys---there would not be
any opposition to our pool. The issues here seem
clear and direct. I hope that the toning Board of
Appeals can make the right decision and we can all
move on.
Thank you for giving me this opportunity to speak.
Ch File No: 2997
~\ry WARREN A. SAMBACH, SR.
ALCONSULTING ENGINEERS PLANNERS
7675 COX LANE - P.O. BOX 1033
CUTCHOGUE, NY 11935
(516) 734-7492
April 23 1997
To Whom it May Concern:
Re: Installation of Pool
Barry and Carol Asmess
79 Ruth Road Extension
Mattituck NY 11952
At the request of the owner and Peter Stoutenburah of
Environmental East Inc. Contractor, an on site observation
was made on Wednesday, April 23, 1997 for the location and
installation of an in ground pool.
The location of the pool as shown on a survey by Peconic
Surveyors, P.C. dated January 23, 1997 and updated April 21,
1997 will be in front of the existing deck on a bench (Level
ground) behind the first change in grade. The depth of the
pool, four and one half (4'6") feet will not undermine any
adjoining building or property line as it is set back fifty
five (55') feet from the west property line, fifty (501)
feet from the east property line and five (5'011) feet from
the existing deck.
The Coastal Erosion Hazard line is also shown on the survey
and the pool installation will not enfringe on the area.
It is my opinion that the installation of the swimming pool
as shown on the survey by Peconic Surveyors, P.C. will conform
to the requirements of the New York State Uniform Fire
Prevention and Building Code.
Sin erely,
1;Y 0CugA4A' Q. dw ac~~
Warren A. Sambach Sr. P.E.
TYCMEY, LATHAM S SCHMITT
ATTORNEYS AT LAW
P. a SO% 398
33 WEST SECOND STREET
RIVERHEAD. N. Y. 11901
516 727-2180
THOMAS A. TWOMEY. Ja 10 MAIN ISTRECT
STEPHEN S. LATHAM EAST HAMPTON. N. Y. 11937
210 SCHMITr-
•AOMIT.EO IN N. Y. . .LA December 31, 1979
Re: Ales construction
Building Permit 103742
Mr. George H. Fisher
Sr. Building Inspector
Town Hall
Southold, N.Y. 11971
Dear Mr. Fisher:
Thank you for taking the time out this morning
to give me a status report on the Ales construction
matter in building permit 103742. As I mentioned to
you during that conversation, I am representing the
property owners immediately to the west of that con-
struction site, Mr. and Mrs. Warren Brady. I have
reviewed the materials which you sent to me at the
end of October, and I note that you have required the
contractor to provide you with a survey of the founda-
tion location indicating the fault settlement in the
area. You further advised the contractor to obtain
professional assurances, such as those of a geologist,
regarding the location of the proposed structure.
It is my understanding that none of this
information has been provided to you at this time,
although the contractor has commenced work on the
foundation. I further believe that the location of
the structure violates the revised site plan submitted
to your office on August 20, 1979, which site plan
indicated that the structure would be 1.40 feet back
from the top of the bluff.
On the basis of the foregoing, I ask that your
office begin an immediate investigation to ascertain
why this construction has commenced before submission
of necessary materials to you and in violation of the
140-foot setback requirement. It would appear that
your office should immediately issue another stop
work order until the contractor has complied with your
regulations and until my clients and I have had a
chance to review.the materials submitted.
We believe that this is a matter of utmost im-
portance which deserves your immediate attention.
As you are undoubtedly aware, bluff erosion poses a
serious threat to the existing structures in the area
and we believe that the proposed Ales construction
represents a serious and imminent threat to property
owned by the Bradys and others. Should your office
fail to enforce its own regulations and permit require-
ments to the detriment of the Bradys, I believe there
is a serious question as to the Town's liability for
damages in this matter.
I would appreciate your keeping me advised at
your earliest convenience regarding your review of
this project and your continued cooperation will be
appreciated.
Sincerely,
A&F
Steve Latham
SL:jo
CC: W. & M. Brady
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.[s,' ^.yi a uih~p b~~~' 7" ?~ty '~w•
S • i + /1,11
16r+
AREA FROM THE TOP OF "A'TES THE NATU iA n '~i' 0r iH HLU~v
Pr c Tve
70~K WHICH CONTINUES IN LINE TO ADJOINING PROPERTIES TO THE EAST AND WEST.....
THE LOWER LEVEL IS GRADUDALLY SLIDING (INDICATED BY STEPS) SEEKING ITS
- •11AT T
S~
Ad ,
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r
lot
Ator
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.74
14.
At'
r~' ^ a rcY J AREA FROM THE TOP OF _r7T, FATES THE NATU-~AL CHEST OF THE BLUFF
tic rv,e
# WHICH CONTINUES IN LINE TO ADJOINING PROPERTIES TO THE EAST AND WEST.,.,,
THE LOWER LEVEL IS GRADUDALLY SLIDING (INDICATED BY STEPS) SEEKING ITS
NATURAL ANGLEOF REPOSE DO'v,N TO THE BASE OF THE BLUFF.
s
11, Ir
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FROM THE BOTTOM OF THE STEPS GOING NORTH IS THE LAND FILL WHICH SWINGS OUT
A BIT,- ON THE EAST SIDE OF' THE DECK. THE ABRUPT DROP OCCURS ALL AROUND THE
r
LAND FILL. WHAT BRUSH TAKES ROOT SIMPLY TRAVELS WITH THE FILL AJIT SLIDES
DOWNWARD SEEKING THE-NATURAL ANGLE OF REPOSE.
lip
rr.
,
ftemebLaqn,
45
•
94 • fir.',! ' ? ' wlD . Zy ~ , ~ ' ~ 41
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> i~?' 4 lit, O; 1' a~ y " y
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a~! PHOTO. THE SOUND IS Ili
f~CTVRC THIS IS THE EDGE OF THE LAND FILL AT THE LEI'T OF THE
THE UPPER LEFT HALF OF THE PICTURE. THE DROP BEGINS ITS 150 to'+70 FOOT
I
SLIDE AT THE CREST OF THE BLUFF, (PICTURE #1 SHOWS-+T119'AMOUNT-iv-cp,'Dk$P"TNDI-
CATED BY THE STEPS) IT IS A TREACHEROUS ASCENT AND DESCENT.
TMI { fir} r~ } J k ;~~r
z ~ 1+ 1/~ t} d F
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> elr }
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r r w !~r r - j• { +I,# !7r ~R ir~.i h'_-;,y~.,~, ,i ~~-r ^ , i, CIS 41
4 v`' ry,e>r ' Ir j7G.?'7 r,+r.f , • r ~+4~!- '1:Z's " y~ i4e ` ~ p . ~ k ,
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r i 7 ae
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•r AI D 1y r t-I , lf~.r^ s : s±
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NIS&
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low
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T
THIS INDICATES A VERY ABRUPT D~WP FHGM TEE DECK AND THE LAND FILL AS IT
APPEARS ON THE SURFACE (SEE PICTURE 3) THE SHARP ANGLE CONTINUES ON
DOWN TO THE BASE OF THE BLUFF, THERE IS NO SUBSTANTIAL STABILIZING MAT-
ERI~b-SURP-ORTING THE LAND FILL EXCEPT FOR ROTTING BRUSH AND BRANCHES.
:D 1 r.1Environment East, Inc.
3075 Indian Neck Lane
P.O. Box 190
Peconic, New York 11958-0190
i- 516-734-7474
yes `~o c e9~n 77
I L--4~ icy a x
au~
Q-Q
~99~ _ru~~ c>ty/l~l~Jlal
JOB
WARREN A. SAM CH
of v__ -
Engineers -Planners -Architects SHEET NO
P.O. Box 1033 Cox Lane
CUTCHOGUE, NEW YORK 11939 cA cuiATEO ev..
' (516) 734-7492 CHECKED BY DATE
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L DIED OAL ~cNL 13o rrml o o- Pool 15 Z"51 1'14)* / 13 "/W"
I
WARREN A. SA ACH JOB -#2_'~~_ iVE~S ``?li~/iJJdr.(, A4
Engineers - Planners - Architects SHEET No
P.O. Box 1033 Cox Lane
CUTCHOGUE. NEW YORK 11939 CALCULAIenAV------ DATE-_-___.-__.
(516) 734-7492 CHECKEL) BY DATE -
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MAY 16 '97 14:01 J. TORTORELLA POOLS 516 283 7387 P.1
J. TORTORELLA SWYMIVIING POOLS, INC.
1764 NORTH HIGHWAY
SOUTHAMPTON, NEW YORK 11968
(516) 283-7373
Z!FAX
TO: 2 A A FROM: '00Y) PO Lr `9
ATTN: l- w Q A DATE: 5 97
FAX#: 'SS -)SVS FAX (516)283-7387
SPECIAL MESSAGES
)MV09MA-110YA POP- P"'E:SS
Page 1 of
JAN 14 '97 14:42 J. TORTORELLR POOLS u83 7367 P.2
7ORTORELLA
(556) 26373r3 ?~nrG 1764 NORTH HIGHWAY
FAX (516) 283.7387 d s 'z~ RW/MM/Na SOUTHAMPTON, W., N.Y. 11868
POOLS INC
A#.
~ F!
'1
f
Gl/IVPT+:' s'v'PU- %rti'ii~ER
Ria:&E
January 14. 1997
Mr. Barry Asjzess
c/o EnviroummA East, Inc.
3075 Indian Deck Lane
P.O. Box 19C
Peconic, New York 11955-0190
Re: Asnes=i Residence
Mattituck, New York
Dear Environment Fast, Inc.:
Below please find an itemized he proposed swimming pool installation at
the above-reft:rencedjob.
E - Size - 14' x 45' with Bow entrance _)!an
- Excavation
- Steel - 318" rebar, 10" o/c with 6' :Grt;Cc.a; in deep end
- Csunite - 34''' beam - 6" floor aud':" 1 ~1e
Depth - shallow 4' deep 5 1/2'
Steps in shallow end - Built in mitid:3 as per plan
- Sitting Shelf; same wall both sides as per plan
- Coping - Random Pattem Bluestone; airi + Ali bullnose edge - radius cut for bow
E -'file - 6" x f" Frost Free We Sxc-
- Marbledust light shade of gray
- Concrete slab for filtering syseem
- 3 x 5 Drywall
(2) - Skimmers - Independently = =n:z own valves
(Tiled on sides and base of moue,,,
i (4) - Return!
S - Main Drain::
Vacuum Line
Filter - Sta-,Ute Systcm 3 Modursr Piltcr (300 sq. ft. filter area):
(Comparison: A sand t r fi clean water 15-20 microns.
A mod medic filter will clean tiva. don:i to 3 - 5 microns. No backwashing is
we.bwu required with this type of filter.)
"vae roJ
ulsmrure ~y't' if 7
MAY 16,97 14:01 J. TORTORELLR POOLS 516 283 7387 P.2
J. TORTORELLA
(516) 283.7373 1764 NORTH HIGHWAY
FAX (516) 283.7387 SWIMMING SOUTHAMPTON, L.I.: N.Y. 11968
POOLS INCA
I.
GUNITE POOL BUILDER
May 16, 199
Peter Stouten')urgh
Environment East
3075 Indian Neck Lane
PO Box 190
Peconic, NY 11958
Re: Asness Residence
Dear Peter:
This is in resronse to your request to determine the pool weight of the proposed residence
at the above residence. Based on our over 15 years of building gunite swimming pools,
the following is our estimate of the weight of the proposed pool with all measurements in
pounds:
WATER:
22,384 gallons @ 8.33 lbs. per gallon 186,459
COPING:
Stone coping installed around perimeter of pool 4,000
CEMENT:
40 cubic yards, of cement @ 3,450 lbs. per cubic yard 138,000
TOTAL WEIGHT OF POOL 328,459
While there at a other components to the pool, their weight is negligible. If you should
have any fu& er questions concerning this, please let me know.
rely,
MEYBFiA John hel
M
~i
NATIONAL
SPA L IDOL
W8TITUTE
4
FOLLOW-UP and UPDATE FOR YOUR RECORD:
TO: All ZBA Members
FROM: ZBA Chairman via ZBA Office
DATE: ''Mal 19 , 1997
Attached is an original (copy) of aLt L.~ c (new
information adde o the original Town ZBA f' )
re: Pending Application of Other Comments:
~m
$ of Pages Attached:
Placed in Members' office mail boxes for update on 5-//7'/97 by
etl+
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Board.Trans
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AREA= 2148 Acres
to tie line
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0IVA
P
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SURVEY FOR
a ~5fl w 1~
CAROL & BARRY ASNESS m, d s• 6e`~ TPN~ EY day • 0. w.
AT MA TTITUCK OAF ESK~ i Of S. 61 43,
160-
TOWN OF SOUTHOLD N~SLEp1 t
R~9n
SUFFOLK COUNTY, NY
1000 - 105 - 02 - 21
Scale: 1" = 60'
Jan. 23, 1997
Mar. 14,1997 S'ok(j_" 8 Disl. to Bonk)
April 2i, 1997 (COAST.,!'- EROSION HAZARD LINE)
May !o/ /997 ( --o Oo / )
M,y /6/ 1997 1 31aR plooo/ acc ev urfei )
COASTAL EROSION HAZARD LINE FROM COASTAL EROSION NEP
AREA MAP PHOTO # 59-533-83 5*L. ~+er,~
v ire' ~A\
ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION
OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, 5: N X j LIC. NO. 49618
EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERT/FICA TION'
'
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF PEC 4TRA7R- C.
SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEY'-W
WHOSE SIGNATURE APPEARS HEREON. ISi E) B ADLITIONALLY TO COMPLY WITH SAID LAW THE TERM "ALTERED BY" 230 STREET
MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY
0~ ANOTHER SURVEYOR'S MAP. TERMS SUCH AS 'INSPECTED' AND SOUTHOLD, N. Y. 11971
'BROUGHT-TO-DATE" ARE NOT IN COMPLIANCE WITH THE 1.Ak
96 - 319
' ~ C RFs r
fault (def. 6),
section of strata displaced f a fault _
ormerly A ~ - _
a ,
continuous fstratum;
FF, fault plane _ _ STf~`PS
7-hzl5 /s Nd7-
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AREA = 2148 Acra$ ~ z
to tie line w
MAY - 71997 FIB + m ~ s r~o•~~ N
,00- #
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15 y -~N
SURVEY FOR o 9 o- e',01.50'
CAROL & BARRY ASNESS . 5.66 TP~EY
A T MA T TI TUCK N~O~I p gKl i of S.
6 s °TOWN OF SOUTHOLD '
SSE R~,t
SUFFOLK COUNTY, NY
1000- 105-02-2.1
Scale: 1" = 60'
Jan. 23, 1997
Mor. 14,1997 Stoke: 8 Dist. to Bonk)
April 21, 1997 (COASTAL EROSION HAZARD LINE)
May 6, 1997 (psoP 0o /
COASTAL EROSION HAZARD LINE FROM COASTAL EROSION
AREA MAP PHOTO # 59-533-83
NENf),~
ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION -s
OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, ~1,','•tS, LIC. NO. 49618
EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF
SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR C NlC RVE' OR C.
WHOSE SIGNATURE APPEARS HEREON. ( 6) 765VE16 „p
P. C 0 909 0
ADDITIONALLY TO COMPLY WITH SAID LAW THE TERM 'ALTERED BY' EET
MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY
OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS INSPECTED' AND SOU CUD /97/
'BROUGHT-TO-DA rE' ARE NOT IN COMPLIANCE WITH THE LAW.
96 - 319 ,
V Q' OP MAY - 91997
May 1997
To the Zoning Board Of Appeals
Ladies and Gentlemen,
It must be comical to you to watch some one come forward from the
audience with the sole intent of making a turkey of himself.
You held yourselves together, perfect ladies and gentlemen and let me
create my own embarrassment. I thank you for your restraint.
When I wandered in to Wednesdays ZBA proceeding it was with the intent
of picking up the agenda. However, as the hearing about the pool on
the bluff was still in progress I sat in. Since I was late, the lesson
is that I should have remained quiet. However I was so impressed with
the enormity of the erroneous weight of the pool ( as though on top of
the ground) that I stood up. I could enlarge on this offense to logic,
but I won't.
Well, enough excuses. I would like to say now what I should have said
then. The real point is that the 100 foot set back line was created
for two reasons. First, to prevent human constructions from
accelerating the erosion or collapse of the bluff. Second to prevent
the inevitable natural erosion and collapse from harming human
constructions.
This pool construction will entail a certain pounding and vibration
due to the action of large earth movers and concrete trucks. It could
start renewed slippage at the fault line.
Certainly neighbors could take the position that the next sliding of
the bluff face in the vicinity of this pool was hastened by the pool
construction . Litigation could follow.
Since all of the existing homes in this area are already too close to
the edge I don't see the logic in exacerbating the situation.
This pool is not the sort of thing that justifies an exception.
Sincerely, v ~ ,`.Ail
oward Meinnk(/e
2 ~8
IP
FOLLOW-UP and UPDATE FOR YOUR RECORD:
TO: All ZBA Members
FROM: ZBA Chairman via ZBA Office
DATE: ';--itccy 7 1997
Attached is an (original) co ofJ (new
information added to the original Town ZBA file) ~l
re: Pending Application of Grn~r ~i
Other Comments:s o
rYL4r~4Xtls> 71V 74 S
# of Pages Attached: )
Placed in Members' office mail boxes for update on 7/97 by~.
ll~~~~"~
Board.Trans
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AREA = 2148 Acres
to tie line -
o 0 20, w.
MAY - T Ff 9~",°d S. 150g6'
RUtPO
aD to-uA O oo' \ o, RO
Ou- g(o- ~600k 50, w• Y \ p o
SURVEY FOR
CAROLA ~ MA T~I TUCKSNESS - - ~1~, s• 01F ESK~LE of C 3D a3
P
TOWN OF SOUTHOLD N~ '
S~ Ri9ht
SUFFOLK COUNTY, NY
1000 - 105 - 02-21
Scale: 1" = 60'
Jan. 23, 1997
Mar. 14,1997 Slakes & Dist. to Bonk)
April 21, 1997 (COASTAL EROS/ON HAZARD LINE)
May 6, /997 (Pj-op poo/~
COASTAL EROSION HAZARD LINE FROM C&STAL EROSION
AREA MAP PHOTO i! 59-533-83
ANY ALTERATION ADDITION THIS SURVEY IS A VIOLATION
SECTION 7209 F
THE NEW YORK STATE EDUCATION LAW, , N.Y.S. LlC NO. 49618
EXCEPT AS PER ER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF
SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR PECONIC SURVEYORS, P.C.
WHOSE SIGNATURE APPEARS HEREON. (516) 765 - 5020
ADDITIONALLY TO COMPLY WITH SAID LAW THE TERM 'ALTERED BY' P. O. BOX 909
MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY 1230 TRAVELER STREET
OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS 'INSPECTED' AND SOUTHOLD, N. Y. 11971
6ROUGHT-TO-DA TE' ARE NOT IN COMPLIANCE WITH THE LAW.
96 - 319
b
f 7.47'
~t . GV~IICe
t
Environment East, Inc.
3075 Indian Neck Lane
~ P.O. Box 190
Peconic, New York 11958-0190
=fit 516-734-7474
April 25, 1997
Zoning Board of Appeals
Town Hall
Main Road
Southold NY 11971
Re; Appeal for Barry and Carol Asness
Dear Member,
Please find enclosed a set of plans stamped by Mr. Warren Sambach showing the pool without additional
decks moved as farlit can go to the south and east as discussed on site on April 26, 1997.
f
If there are any questior, please let me know.
Sincerely,
Peter R. Stoutenbgrgh~President
Environnled[ East,,, c '
EncL
PRS:jm
00
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4 0. W•
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AREA = 2.148 Acres l
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to tie' ine w
$ o
S. Jig ~t~
. Loa
SURVEY FOR 13 g666•0'50• VI• ~ ~ ~ s
CAROL & BARRY ASNFSS- S. EY day
AT MA TTITUCK of \1 % 6'rls
µJ•~lE ! t
TOWN OF ~5OUTHQL.D
WOLK COUNTY, NY \ ~ , C~
>it75 - ~2 - 2.1 U7 r
S"Am; 1"= 601
Jan 23, 1997 MAY 1 1997
Mar. 141997 Slakes 8 Dist. to Bonk)
April 21, 1997 (COASTAL EROSION HAZARD LINE) has-91
t
='r AL £RQBfON HAZARD LAW FROM COASTAL EROSION
AAAP PHOTO # 53-533-83
ANY ALTERATTON OR AMTVN TO TM SLIRVEY 15 A VYOLA TAON
OF srcrON 7209 OF THE NEW YORK STATE MCA TM LAW S. L1C. NO. 49618
EXCEF'r qAS PER VAS FOR AMP A COPES THEREOF ONLY
QWFS P. C.
SAM? AMP. OR COPES BEAR 74 mwss O SEAL OF rw "VEYOR 'PECOMQMM`WY
WHOSE SWUTURE APPEARS FENEM (516) 76
P. O. BOX 909
ADDITIONALLY To COMPLY WITH SAD LAW THE TERM AL TERM BY' 1230 TRAVELER STREET
MUST BB~~'' l/SED BY ANY AND ALL StA4VEYORS UTL/ZIYG A COPY SOUTHOLD, KY. 11971
OF ANOTHER SL"WYOWS AMP. TERMS SIX N AS VM0ECTED' AND
BR U&ff-TO-DATr ARE NOT AM COMPLIANCE MOTH THE LAW.
96 - 319
COUNTY OF SUFFOLK
ROBERT J. GAFFNEY
Su"OLa COLD= EXECUTIVE
SOIL AND 'WATER - Thomas J. McMahon
CONSERVATION DISTRICT DISTRICT MANAGER
FAX:(516)727-3160 (516)727-2315
APR - 21`:997
March 27, 1997
Gerard P. Goehringer, Chairman
Southold Town Board of Appeals
53095 Main Road
P.O. Box 1179
Southold, NY 11971
Dear Mr. Goehringer:
At your request, I have inspected the property of Carol and Barry Asness in Mattituck. On
March 25, 1997 1 met with Peter Stoutenburgh of Environment East, Inc. at the site.
The bluff face appears to be somewhat stable in that plant growth over the face is dense.
Trees, shrubs and weeds cover the majority of the bluff face. A few bare areas are presently
being planted to Beachgrass. Portions of the stairwell appear to be newly repaired. The toe
of the bluff has some erosion damage from storm high tides. Normal high tide does not
appear to reach the toe. There is no toe stabilization present here or to either side of this lot
as far as the eye can see down the beach.
Above the bluff face, a portion of the back yard slopes towards the bluff, but the portion along
the house is relatively flat or sloping away from the bluff. The positioning of the pool is in this
flat area and will have no adverse impact on the bluff face, so long as pool and pump
drainage is kept away from the bluff. Mr. Stoutenburgh plans a dry well in front of the house,
where the slope is steep and away from the bluff face, for the pool drainage water. This is an
acceptable solution. No other problems were evident at this time.
If you need any further assistance, please feel free to contact us again.
Sincerely,
A4 6 . J. 4-4L
Paul A. TeNyenhuis
cc: Peter Stoutenburgh
RIVERHEAD COUNTY CENTER 300 CENTER DRIVE, ROOM E-16 RIVERHEAD, NY 11901
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SURVEY FOR o 9`o- 66°0i 50 w EY
, day
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CAROL & BARRY ASNESS
5 I01 f JESK~ of 6° a3 °
AT MATTITUCK
TOWN OF SOUTHOLD N S~Ep R;gnt
SUFFOLK COUNTY, N. Y.
1000-105-02-2.1
Scale. l-,= 60'
Jan. 23, 1997
Mar. 14,1997 Sakes X Dist. ID Bank)
a 4'
ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLAWTION Y. S. LlC. NO. 49619
OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LA, Y tc
EXCEPT AS PER SECTION 7209-SUODIVISION 2. ALL CERTIFICATIONS ITS, P. C.
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF PE PE 2O
SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR P. 0. BOX 909 (51 1 WHOSE SIGNATURE APPEARS HEREON. ET
ADDITIONALLY TO COMPLY WITH SAID LAW THE TERM 'ALTERED BY' 1230 1230 T RA VELER LER 11 STRERE
MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY SOUTHOLE, N.Y. 71
BROU6HTE0 DATE" ARE NOT IN COMPLIANCE WITH THELAEW. AND
96 - 319
1
March 18, 1997
Mr. Stanley A. Pauzer, District Manager /
Suffolk County Soil & Water Conservation
County Center, Room E-16
Riverhead, NY 11901
Re: Inground Pool Construction adjacent to L.I. Sound Bluff
ROW off W/s Ruth Road Extension, Mattituck
Dear Mr. Pauzer:
Our office has today received an application requesting a
location of a new inground swimmingpool to be placed along the
northerly yard of dwelling owned and occupied by Carol and
Barry Asness , as shown on the attached survey. Also enclosed
is a copy of the Suffolk County Tax Map showing the general
area.
May we ask for your agency's assistance in evaluating this
project.
A hearing will be held by the Zoning Board on April 10,
1997 at the earliest. If you need more time, or any other
information, please call us. Thank you.
Yours very truly,
GERARD P. GOEIIRINGER
CHAIRMAN
By Linda Kowalski
Enclosures
1 f ~tPO0WI l 7
Environment East, Inc.
3075 Indian Neck Lane
P.O. Box 190
~Peconic, New York 11958-0190
tL
516-734-7474
3
APR ' 7 I9gf
April 3, 1997
Ms. Linda Kowalski
c/o Southold Board of Appeals
P. O. Box 1179
Southold, NY 11971
Dear Linda,
We received our copy of Mr. Paul TeNyenhuis' evaluation of the impact of the pool proposed for Carol
and Barry Asness in Mattituck. Having met him on site and inspected site conditions, I agree with his
determinations and recommendations; this service will be very beneficial in future projects as well.
As always, thank you for the information concerning the Suffolk County Soil Conservation Service and
all your help with this matter.
Sincerely,
r
Peter R. Stoutenbur
President
Environment E
PRS Jm O
j ~OUNTY OF SUFFOLK
sR-~616-
ROEERT 4.J. a*x•ENEY
SctFMLX Coxnm WMCVr1VZ Thomas J. 14CHahon
DISTRICT HhRhGZR
SOIL AtID MATER (516)727-2315
C 8SZ 516~727ISTRICT
March 27, 1997
Gerard P. Goehringer, Chairman
Southold Town Board of Appeals
53095 Main Road
P.O. Box 1179
Southold, NY 11971
Dear Mr. Goehringer:
On
At your request, I have inspected the property of Carol and Barry A, inc. at in the se Sitite. .
March 25, 1997 1 met with Peter Stoutenburgh of Environment East, Inc.
The bluff face appears to be somewhat stable in that plant growth over the face is dense presently
. shrubs and weeds cover the majority of the bluff face. A few bare areas are The toe
Treebeings, planted to Beachgrass. Portions of the stairwell appear to be newly repaired
erosion dmage from storm hig tides. Normal high tide does not
. Therea is no toe staff lizationhpresent here or to either side of this lot
of the bluff has some
the toe
appear to reach
as far as the eye can see down the beach. portion along
a portion of the back yard slopes towards the bluff, but of the the ool is in this
the . The positioning
house Above the is bluff face, relatively flat or sloping away from the bluff
and pump
i front of the house,
flat area and will have no adverse impact on the bluff faceans a dry well
drainage is kept away from the bluff. Mr. Stoutenburgh p
where the slope is steep and away from the bluff face, for the pool drainage water. This is an
acceptable solution. No other problems were evident at this time.
If you need any further assistance, please feel free to contact us again.
Sincerely,
P"~ G . J, Paul A. TeNyenhuis
cc: Peter Stoutenburgh RIVERHEAD, NY 11901
300 CENTER DRIVE, ROOM E-16
RIVEREEAD COUNTY CEN'S'ER '
APPEALS BOARD MEMBERS gUFFO[,~
Southold Town Hall
Gerard P. Goehringer, Chairman h~O G'ZA 53095 Main Road
Serge Doyen P.O. Box 1179
James Dinizio, Jr. Southold, New York 11971
4keb"r*-"tta Fax (516) 765-1823
Lydia A. Tortora Telephone(516)765-18(x9
Maureen C. ostermann
BOARD OF APPEALS
TOWN OF SOUTHOLD
UPDATE FOR ZBA MEMBERS
Chairman GG has confirmed with office, for update to board
members, that Environment East, Inc. (Peter Stoutenburgh) has
contacted the owner and it was agreed that any or all board
member(s) may visit the property on Saturday morning any time to
walk to the bluff areas (upon the Asness property). This would be
under the normal course of ZBA business for this site visit.
(The Chairman has visited the property and therefore may
not be visiting again on Saturday.)
Copies in Board Member mail boxes on 4/3/97.
FOLLOW-UP and UPDATE FOR YOUR RECORD:
TO: All ZBA Members
FROM: ZBA Chairman via ZBA Office
DATE:_ LL , 1997
Attached is an (original) (copy) of O a4 9 (new
information added to the original Town ZBA fil )
re: Pending Application of
Other Comments:
# of Pages Attached: j ) o ~l
Placed in Members' office mail boxes for update on / /97 by
Board.Trans
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to tie line NW
FI S. rlo.lw VIVA
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SURVEY FOR o g' o-J6.°r5°
CAROL & BARRY ASNESS 6 M b s' IpN~E Nay mZO• w
AT MATTITUCK `~,'a DEpgK? i of 6ok'
TOWN OF SOUTHOLD ;,peryt~aza g~ Right
SUFFOLK COUNTY, N. Y. ,qpR 2 2 1997 VP1
1000 - 105 - 02 - 2.1
3i /e is
Scale: 1" = 60'
Jan. 23, 1997
Mar. 14,1997 Slakes 8 Dist. to Bank)
April 21, 1997 (COASTAL EROSION HAZARD LINE)
COASTAL EROSION HAZARD LM FROM COASTAL EROSION
AREA MAP PHOTO # 59-533-83 ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION
OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, y Y.S. LIC. NO. 49618
EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF
SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR P S, P. C.
WHOSE SIGNATURE APPEARS HEREON. (516)
ADDITIONALLY TO COMPLY WITH SAID LAW THE TERM 'ALTERED BY' P. O. BOX 909
MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY 1230 TRAVELER STREET
OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS 'INSPECTED' AND SOUTHOLD, N. Y. 11971
'BROUGHT-TO-DATE' ARE NOT IN COMPLIANCE WITH THE LAW.
96 - 319
Albert J. Krupski, President ~p~ OG Town Hall
John Holzapfel, Vice President y~ 53095 Main Road
Jim King r°n x P.O. Box 1179
Martin H. Garrell O .LC Southold, New York 11971
Peter Wenzel Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
TO: 'oning Board of Appeals Q1/
FROM: Southold Town Board of Trustees Ilt1~
RE: Carol & Barry Asness l(
SCTM #105-2-2.1 ,
DATE: April 22, 1997
As per the map dated April 21, 1997, the construction of the
pool and deck is out of the Trustees jurisdiction.
If you have any questions, please do not hesitate to contact
this office.
AJK:jmd
I.
4
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APPEALS BOARD MEMBERS r "~gUFfU(,~°
Southold Town Hall
Gerard P. Goehringer, Chairman o 53095 Main Road
Serge Doyen ca = P.O. Box 1179
V// James Dinizio, Jr. p Southold. New York 11971
Robert A. Villa '~.64W
~ Fax (516) 765-1823
Lydia A. Tortora 1 a Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
March 18, 1997
Mr. Stanley A. Pauzer, District Manager
Suffolk County Soil & Water Conservation
County Center, Room E-16
Riverhead, NY 11901
Re: Inground Pool Construction adjacent to L.I. Sound Bluff
ROW off W/s Ruth Road Extension, Mattituck
Dear Mr. Pauzer:
Our office has today received an application requesting a
location of a new inground swimmingpool to be placed along the
northerly yard of dwelling owned and occupied by Carol and
Barry Asnessr, as shown on the attached survey. Also enclosed
is a copy of the Suffolk County Tax Map showing the general
area.
May we ask for your agency's assistance in evaluating this
project.
A hearing will be held by the Zoning Board on April 10,
1997 at the earliest. If you need more time, or any other
information, please call us. Thank you.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Enclosures
L5GAL NOTICE
NOTICE Is HEREBY GIVEN, pn-
suant to Section 267 of the Town Law
and the Code of the Town of Southold,
the following applications will be held
for public hearings by the SOUTHOLD
TOWN BOARD OF APPEALS, at the
Southold Town Hall, 53095 Main
Road, Southold, New York 11971, on
THURSDAY, APRIL. 24, 1997 at the
4s ?:~.a noted below (or as soon there-
, \ after as possible): Orient, NY. 1000-18-6-5.
6:45 p.m. Appl. No. 4465 - The Board of Appeals will at said
BARRY AND CAROL ASNEW. time and place hear any and all persona STATE OF NEW YORK)
~1C This is a variance based upon the or representatives desiring to be heard
March 5, 1997 Building Inspector's in the above applications. Written cum. ) SS'
Action- of Disapproval under Article meets may also be submitted prior to
XXIIII, Section 100-239.4A(1), to the canclusion of the subject CO~ r17N~Y F SUFFOLK
bate Swimming pool with deck areas hearing(s). The above headaga for _~~iJ'~i, Of Mattituck, iA
within 100 ft. of the Long Island Sound reviews during regular business hours,
bluffer bank, at premises known as If you have questions, please do not said County, being duly sworn, says that he/she
2879 Ruth Road Extension, Mattituck, hesitate to call 765-1809.
NY; Pwce181000-105-2-2.1. Dated: March 31, 1997 is Principal Clerk of THE SUFFOLK TIMES, a
6:55 p.m. Appl. No. 4469 - RAY- BY ORDER OF THE SOIJTHOID Weekly published at Mattituck, in
MOND FEDYNAK concerning prop- TOWN BOARD OF APPEALS Newspaper,
any located along Fay Court (private GERARD P. GOEHRINGER, the Town of Southold, County of Suffolk and
road), Mattituck, NY. Applicant is Chairman
requesting: By Ijeda Kowalski
State of New York, and that the Notice of which
a) a Waiver under Article 11, section 8935-1TA17
100-26 based upon Action of the annexed is a printed copy, has been regular-
Disapproval by the Building Inspector ly published in said Newspaper once each week
under Article II, Section 100-25A
which sales Let 1000-123-5-15 for I weeks 6 eeQ essively, commencing on
and 1000-123-5-16 have merged as r' I
they have been held in common own- the _J~day of)A;j91 ]q 1
ership at some time since July 1, 1983.
Both lots were created by deed prior to
April 9, 1957 and meet the require-
ments of 100-24A(1). 10WIZ5..5-15 t~ohvn
consists of 7500+- sq. ft., and 1000-
123-5-16 consists of 15,000+- sq. ft. of Principal Cler
land area.
b) As an alternative, area variances
under Article III-A, Section 100-30A-3
(Bulk Schedule) for each Parcel No. (h
1000-123-5-15 and 1000-123-5-16 as Sworn tO llefore me this I
separate lots in this R-40 Residential da Of 'fit. 19
Zone District, which Zone District y
requires 40,000 sq. ft. of lot area, 150 ~.~)Ci, /-t."~?
ft6-1
. lot width, and 175 ft. lot depth. MARY DIANA FASTER
7:15 p.m. BELL-ATLANTIC/ NOTARY M.K!C, STATE OF NEW YORK
NYNEX. Carryover from March 19, EiO 5J'r
520 ,SUFFOIKC(iUNTY,
1997. Property ]opted at Main Road, OOMJIM`aiON t. X0I+EFsALOUS1 31, 1J"]~
§ 58-1 NOTICE OF PUBLIC HEARING § 58-1
Chapter 58
NOTICE OF PUBLIC HEARING
§ 58-1. Providing notice of public hearings.
[HISTORY: Adopted by the Town Board of the Town of
Southold 12-27-1995 as L.L. No. 25-1995. Amendments
noted where applicable.]
§ 58-1. Providing notice of public hearings.
Whenever the Code calls for a public hearing, this section
shall apply. Upon determining that an application is complete,
the board or commission reviewing the same shall fix a time
and place for a public hearing thereon. The board or commission
reviewing an application shall provide for the giving of notice:
A. By causing a notice giving the time, date, place and
nature of the hearing to be published in the official
newspaper within the period prescribed by law.
B. By requiring the applicant to erect the sign provided by
the town, which shall be prominently displayed on the
premises facing each public or private street which the
property involved in the application abuts, giving notice
of the application, the nature of the approval sought
thereby and the time and place of the public hearing
thereon. The sign shall be set back not more than ten
(10) feet from the property line. The sign shall be
displayed for a period of not less than seven (7) days
immediately preceding the date of the public hearing.
The applicant or his/her agent shall file an affidavit that
s/he has complied with this provision.
C. By requiring the applicant to send notice to the owners
of record of every property which abuts and every
property which is across from any public or private street
$ 58-1 SOUTHOLD CODE § 58-1
from the property included in the application. Such
notice shall be made by certified mail, recu tn the date
requested, posted at least seven (7) days p
of the initial public hearing on the application th and
addressed to the owners at. the addresses listed for them
on the local assessment roll. The applicant or agent shall
file an affidavit that sple has complied with this
provision.
BOARD OF APPEALS:TOWN OF SOUTHOLD
-----------------------------------x
In the Matter of the Application AFFIDAVIT
of
(Name f Applicants)
------------------------------------X
AFFIDAVIT OF MAILING AND POSTING
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
Iresiding at
New York, being duly sworn, depose and say that:
1) On the day of "V-d , 1996, I personally mailed,
by certified mail return receipt requested, a true copy of the
attached Legal Notice, addressed to each of the following named
persons at the addresses set opposite their respective names, that
the addresses listed below are those shown on the current assess-
ment rolls of the Town of Southold; that said Notices were mailed at
the United States Post Office to each of said persons by certified
mail, return receipt requested:
Name of Surrounding Property Owner Mailing Address y /
~~z~v; G31u~~~~ ~s~ ~az~~ ~ f2m-p ?3 `E-t~c.lc, N
X66 < LA fN d ~)-~3a~) i'hP i c4 C 1 i/95-)-
Sa >e amta5 Y~tvNii. V - / C1C7
and,
2) On the / day of 1997, I personally posted
the property identified as District 1000, Section id-4 ,
Block by placing the Town's official poster
ten (10) feet, or closer, from the property line facing the street
(or facing the right-of-way), and that I have checked to be sure
the poster has remained in place for seven full days prior to the
date of the public hearing (date tliE6ereon to be held
1997).
Sworn to before me this (signature)
day of I 1997. JOYCE M. WILKINS
` t-. ,(g "No 49522446~Suffol "C unrtyyy~
N y Public Term Expires June 12,19/
(Please return to the office of the Board of Anneals when completed.
Thank you.)
~I A N C 6W~F SL r.Vfc. K 1 0
NOTICE OF HEARING
PobL
NOTICE IS HEREBY GIVEN that a public hearing will be held by the
SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road,
Southold, New York, concerning this property.
OWNER(S) OF RECORD:
34rR /qSNESS t ass.
DATE OF PUBLIC HEARING: .
T Qrs.) APRIL... a ; I qq ~l m•
~ P
If you have an interest in this project, you are invited to view the Town file(s)
which are available for inspection prior to the day of the hearing during normal
business days between the hours of 8 a.m. and 4 p.m.
BOARD OF APPEALS • TOWN OF SOUTHOLD • (516) 765-1809
M I 6~ PooLtbea AbDIT16A)
'.~C SlGe4 sh~5 S7GN shy 5 ~sSt-~ES$ - T~[KE, IrEFT
Sti&kNON, p c 1 -N - +yrltTF' H-DU[P
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BOARD OF APPEALS. TOWN OF 56UTIIOLD
CERTIFIED MAIL
In the Matter or the Petition of \ I RETURN RECEIPT REQUESTED
~~~~y @zD~ (}~S N L--~,s NOTICE
TO
to the Board of Appeals of the Town of Southold
TO: PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request anance peclal Exception) (Special Permit) (Other). [circle choice)
and a o Mc hearing will he held at the Southold Tt*rwn Hall on-
2. 1-hat the propert wh'ch is Ilne s lect of the Petition is locatedjacentto your property and is des-
cribed as follows: ~B A" ~C~ ~ h1i- 10 ~ (]'II ?1~'~ f20~ l ~ _
AA uK ~,J~-d
3. hat the property whi h is Nne subjecl of such Petition is located In the following toning district:
d. 'that 1 such I'olition, the unllci5igned will request the following, relief:.? o YYl f ~i iyw -r -j 4 ER2Q .1.
5. that the provision of the Southold Town Zoning Cod applicable to the relief sought by the under-
signed are Article X- I I ) Section I n 0 ~ 3 !4S
0. That -•c - - - - - - - - - - a written Petition requesfrng lite relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there
examine the same during regular office hours. (516) 745-1809.
7. That before the relief sought may lie granted, a public hearing must he held on the matter by the
Board of Appeals; that a notice of such hearing roust be published at least five clays prior to the date of such
hearing i- - - - In the Suffolk Times newspaper published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated:
Petitioner
Owners' Names:Vz~~ /~YSJ
Post Office dres Q~ _ }
C1L1 1 ~,d ~
m ht I ttA UL Q ~j . 1 ~qs
Tel. No. (5i(o) 73y-?(/7Y
[Copy of sketch or plan showing proposal to be attached for convenience
purposes.]
f -
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL REC P S
NAME ADDRESS
P 077 472 837
Hrcr_r, Eta e~:lrlro MA: P 077 472 836
'A "C . .1 F PN
mr cck N_ENW JNAL va ~ti ( -=N C i' -te i~ MAIL
r
i See Reve.sel 'M P 077 472 833
~j7 I Rever~el P7 t J4
~
. l/L. MAIL
rc i and `
~)?~L3 I Nl ~~~~f• ~ tr
P.O C,L• arv' ZIP Code - -
Ih-Ro~Qx3a -
s~~-N Ilq37 - - y
Postage
mfri~ `rCtCY~ 1S S N
e v.
:en ied Fee
IryF I
rrT NyIf
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a t EI i
STATE OF NEW YORK) ss.:
COUNTY OF SUFFOLK)
ff-~ l~J L ~S I~ reslding at 'lt/ 2 > ' 'r
being duly sworn, deposes and says that on the day
of 19 deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current ass.{{essmen[ roc" o/ the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Y .C( •C • ; that said Not ices were mailed to each of said persons by
(certified) (registered) mail..
~Yi V(J
Sworn to before me this Z7
day of 9~lenm~ ,1
Notary Public
LINDA J. COOPER
Notary Public, State of New York
No. 4822563, Suffolk County ~j
Term Expires December 31,1U
(This side does not have to be completed on form transmitted to adjoining
property owners.)
UNITED STATES POSTAL SERVICE
- Postage & Fees Paid .
'USPS
Permit No. G-10 -
• Print your name, address, and ZIP Code in this box •
po'
r
I
t
I~
I
I
i
t` SENDER:
to .Complete items 1 arWor 2 for additional services. I also Wish to receive the
're Complete items 3.4a, and ab. following services (for an
. Prim your name and address on the reverse of this form so that we can return tine extra fee):
m card to you.
.Attach this form to the front of the mailPiece, or on the back if space does not 1, ? Addressee's Address
Permit. Zy _
p • Write-Ratum Reoaipf Requested' on the mailpiece below the article number. p. ? Restricted Delivery W _
.The Return Receipt will show to whom the article was delivered and the date 6
delivered. Consult postmaster for fee.
~ v 3. Article Addressed to: 4a le er
p
n (.l/I~h I~nI~~ ;UJ7_la C~ 4 . Se 'ce ype ,
°u ? Registered ertifled
m
` 4, ~~~y ~ ~ (ys~~L ? Express Mail ? Insured 5
a ? Return Receipt andise ? COD
7. Date of
~,w J~ ~I
r B oI
5. 'ved By d ) 8. Addressee's d*ss ( ty requested c I
and fee is paid) 1 L
61 199
~ Signature: - ddressee or Agent) .%c~
„ PS Form 3811, December 1994 Domestic Return Receipt
a `
I.
I
it
First-Class Mail
UNITED STATES POSTAL SERVICE I Postage & Fees Paid
USPS
Permit No. G-10
• Print your name, address, and ZIP Code in this box •
QU.a3~~ ~v f•
~Lda l~~ WL/ 119sl
I
i
LrrIL~JIIJ,,,I,I,L,l~~lll~l I
~ L
I
i
SENDER:
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SURVEY FOR °o'
CAROL & BARRY ASNESS ,^.~S. 66f0 ) 5 N~EY ay C~
w
AT MA TTITUCK OAF ESKI \ of V~ ~o A3 04,20
TOWN OF SOUTHOLD t4/ O i
SUFFOLK COUNTY, N. Y. \ S~ Ri9ht
1000- 105-02-2.1
Scale: 1" = 60
Jan. 23, 1997
SZgEOF D
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ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION ~j
OF SEC TION 7209 OF THE NEW YORK STATE EDUCATION LAW
EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATION, ~O• L 496/8
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONL Y IF 1! '
SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR PECONIC S
WHOSE SIGNATURE APPEARS HEREON. (516) 765 - 50
ADDITIONALLY TO COMPLY W/TH SAID LAW THE TERM 'ALTERED BY' P. O. BOX 909
MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY 1230 TRAVELER STREET
OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS 7NSPECrF_D' AND SOUTHOLD, N.Y. 11971
'BROUGHT- TO-DA TE' ARE NOT IN COMPLIANCE WITH THE LAW
09 o10
APPEALS BOARD MEMBERS O~~SUffU(~ CO
p Southold Town Hall
Gerard P. Goehringer, Chairman _ y~ 53095 Main Road
Serge Doyen C02 x P.O. Box 1 179
James Dinizio, Jr. O .F Southold, New York 11971
° W! Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
Maureen C. Osbernenn
BOARD OF APPEALS
TOWN OF SOUTHOLD
April 24, 19i7
S.E.Q.R.A.
TYPE II ACTION DECLARATION
Appeal No. 4465
Project/Applicants: Barry and Carol Asness
County Tax Map No. 1000- 105-2-2.1
Location of Project: 2879 Ruth Rd. Ext., Mattituck, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Locate swimmingpool with deck areas within 100' of bluff or bank along
L.I. sound
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been
submitted; however, Section 617.13 of 6 NYCRR Part 616, and
Section 8-0113 of the Environmental Conservation Law, this
variance application -falls under the Type II classification as
established by law. Further, this Department may not be an
involved agency under SEQRA {Section 617.13(a) as amended
February 14, 1990}..
Although this action is classified as Type II for this
variance application under SEQRA (specifically 617.13, 616.3(j),
and 617.2(jj)}, this determination shall have no affect upon any
other agency's interest or SEQRA determination as an involved
agency.
For further information, Please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board members.
Copy Placed in ZBA project file for record purposes.
~~S~EfOLY~O~`
Town Hall, 53095 Main Road
~+0 • P.O. Box 1179
Southold, New York 11971
JUDITH T. TERRY TELEPHONE
TOWN CLERK (516) 765-1801
RI GISTRAR Or VITAL STATISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Judith T. Terry, Southold Town Clerk
DATED: March 18, 1997
RE: Zoning Appeal No. 4465 - Barry and Carol Asness
Transmitted herewith is Zoning Appeal No. 4465 - BARRY and
CAROL ASNESS for a variance. Also included is: letter
authorizing Environment East to obtain permits; Notice of Disapproval
from the Building Department, dated March 2, 1997, with application
attached; ZBA Questionnaire; Short Environmental Assessment Form;
Notice to Adjacent Property Owners; and survey.
WORLD HEALTH
WOA •HE oxxu. 11 IATION9~'i O..
41 idADISON AVENUE • NEW YORK HEW C i0g10 r 212 (i79.61200
Carol M.Amaw FAX 212) 481.8334 TELEX 6874786 RWR
PreHdem
March 13,1997
To Whom It May Concern:
This letter authorizes Environment East of Peconic, New York, to file any
required permits and applications for our 2679 Ruth Road Extension property:
Sincerely,
Carol Asness
2'd WdSb:20 L61 ET JyW
7-" N•T•S. :a•r_ranmental')uality Review ac= recuuas submission
of this car, and an envt=Onmental rV'Lew '4L-,!. ~a mace Ly u13 ~Oarc
before aav ac ton is taken.
580 RT '_'7N:.-.CNi~E;ITaL .`.SSESsNE 1T °Ont1
NSTSL'Q'0N5
(a) Za order a answer the questions La this short EAF L Ls assumed
that the preoarer will use Curt antly available izfarmacion cc ce_^tinq the
project and the Likaly L=acts at the action. It is not e.•c?ected that
additional s =dies, rases = or other iavescgaticns will he under-...akan•
(b) :f any question has been answered Yes t-hs Project may be sig-
al.fi-cant mad c:moleted iavi=onmental assessment Fora Ls necessary,
(c) 11 ail questions have hean answered No it is Llcely that the '
project- 1s not signi_eant.
(d) Eav?=onmental. assessment
1_ wlt~ Project result in a large Physical cbange
to the oraject site or ?hysieally'al tar more
than 10 aces of land? '!es a `10
2. wil- there be a major change tP any unique or
abusual land fora on the site? Yes
Will ?reject altar or have a large a-?ect an
an ax:stiaq body of water? - •_Yes ~Na
i. Will orajegt have a potentially Large imnact en
q=ouadwacer quality? ves NO
i. 'ail-, project signifieaatly effect drai.•wgc Slow
an adjacent si-=s? 'yes Ao
S. Will project affect any -neatened or endangered
Plant Or ,,.i spaces? _Yes ~'To
7. will oroject result La a major adverse effect on
air quality? _Yes
3. wi'1 project have a major effect an visual char-
attar of 'he C==umi:_ or scenic •riews or vistas
kacwn to he Lmoartant tP the community? _Yes INC
9. will project adversely 1=act any site or st pct- _
urn of historic, pre-nistcria, or ?alsontalagi- L
imcortanca or any sita designated as a critical
envirtamental. area by a local agency? _Yes `io
10. Will project have a major etfact on exis-inq or
:uttirn _acaatianal 00
oor-3n1tias2 _Yes yo
11 - will project result in major traffic Problems or
cause a =-,Or effect to existing transportation /
systems? eves CVO
:41-1 Project regularly cause Objectionable odors, _
noise, glare, 7LhrlCan, Or electrical dist=rb- - /
ante as a result at tae project's ooeraLan? _!es =Vo
wil- Dr07ec= have any i=f=act an oublic health`:
or safety? ~!es ? Nc
:J. wL`- project affect the axist_ng cammunit7 by
direotL7 causing a grawc7 :a iermanenc poou-a- j
tSan of nora c«3n i .erc_•t over a one-year "as V
Oer-nd ar :lave a major neaativa affect on =.«e --vo
caaractcr Of tte COS = v1 or neighboraoad?
'S. here p= -"z cpntrpversy ccncerainc the
Pro;.,.t, _'as 10
'=e?arat'; Sigaa__rs: ~Y-F;:'(..G-?1 (.~/C. (IA-
'et=ewe-r_:g:~Vy 2 ~ ~ ~l ~~,lrrSS . 3~ ] ~y 7
~3a - 1 73t J~
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
Separate heet mar be attached.) "
Ilk N;&_ I 1y& /LS
B. Is the subject premises listed on the real estate market for
sal or being shown to prospective buyers? { } Yes
{t No. (If Yes, please attach copy of "conditirns" of sale-)
C. Are there an7-proposals to change ar alter land contours?
( } Yes No
D. 1. Are there any areas which contain wetland grasses?
2. Are the wetland areas shown on the map submitted with
this application? 1
3. Is the property bulkheaded between the wetlands area and
the upland building area? ~~t)
4. If your property contains wet ands or pond areas, have
you contacted the office of the To Trustees for its
determination of jurisdiction?
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or fences
which waist and a e,,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? ~\;U 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? If yes, please explain where or submit copies
of deeds.
I. Please list re ent u e or operations conducted at this
parcel , and
proposed use t7N~ ` v 1l ,1~ 11 01 Lh I ~J
Autnori ed Signature and Date
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SURVEY FOR c W a
CAROL & BARRY ASNESS o s' 66 PN~EY ~aY Zo• 0-
A T MA T TITUCK m,nd N~O~ p1ESK~ i of j6~ A3
TOWN OF SOUTHOLD SSE t
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SUFFOLK COUNTY, NY
1000 - 105 - 02 - 21
Scale: 1" = 60
Jan. 23, 1997
Mar. 14,1997 S!ck , 8 L!is;. 1D Bork;
April 2i, 1997 (COASTA' EROSION HAZARD LINE)
May G, /997 ( /op
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COASTAL EROSION HAZARD LINE FROM COASTAL EROSION
AREA MAP PHOTO #t 59-533-83
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ANY ALTERATION OR ADDITION TO THIS SURVEY %S A VIOLATION o, 6x0
OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, ! N.Y.S. LIC. NO. 49618
EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICA TION.S'
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF PECONIC S RVEYORS P. C.
SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR r
WHOSE SIGNATURE APPEARS HEREON. (5i 6) 765 - 5020
P. 0. BOX 909
ADDITIONALLY TO COMPLY WITH SAID LAW THE TERM 'ALTERED BY' 1230 TRAVELER STREET
MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY SOUTHOLDr N. Y. 1197/
OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS 'INSPECTED" AND
'BROUGHT-TO-DATE' ARE NOT IN COMPLIANCE WITH THE LAW.
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TOWN OF SOUTHOLD 14 EOIESK i 0 \ S Ri9nt
SUFFOLK COUNTY, NY
1000 - 105 - 02 - 2.1
Scale: 1" = 60'
Jan. 23, 1997
Mai. 14,1997 Slakes 8 Dist. /0 Bank)
APr# 21, 1997 (COASTAL EROSION HAZARD LINE) M-Y 6,1997(,O,-.p 0./-)
COASTAL EROSION HAZARD LNW FROM COASTAL EROSION AREA MAP PHOTO f 59-=-a nF ftiEl^!V~
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ANtAT TERTgNS R ON TO THI'a CTION '09 OF NLS
SR SET¢Y$ LIC. NO. 49618
An VAL61 FOR TM'S AlNy~' Y P.C. E COP AR T ESP ONI AP SIGNATURE APPfARS V51 7 5 - 54)20+;
ADDITIONALLY TO cgWLY I"W SA LAW THE TERM 'ALTERED BY' MUST BE U5E0 By AN ANO ALL SLFIVEYOR$ UIXIZMO A COPY I „ CE' STREET INSP BROUUGGHT--TC-0ATEYARE NOT & COWLVJCH AS wTN TIIEELAW. AND SO 11971
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