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HomeMy WebLinkAbout4496 t~/V~S ~~'4~C.1 r~~lLL7F~~t1`s/J ~L~f~f.~~ ~f ~?G ~-~_.._-,Let ~ j ~ icf ~~C? F" % ~i~'EJ ~-l ~ c~, ~ f~/z' ~~~?A~ APPEALS BOARD MEMBERS gUFfO(,~ 0~0 C~ Southold Town Hall Gerard P. Goehringer, Chairman ti`Z` Gym 53095 Main Road Serge Doyen cc '6 P.O. Box 1179 James Dinizio, Jr. U- n2, Southold, New York 11971 LP Fax (516) 765-1823 Lydia A. Tortora Telephone(516)765-18099 Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF JULY 24, 1997 Appl. No. 4496 - JEAN N. CALHOUN PARCEL. 1000-3-2-7 STREET & LOCALITY: Private Road off East End Road, Fishers Island DATE. OF PUBLIC HEARING: July 24, 1997 FINDINGS OF FACT PROPERTY DESCRIPTION: This property is located at Fishers Island, being situate on the north side of Private Road, and consists of a total lot area of 2.74 acres as shown on the map prepared by Chandler, Palmer & King amended March 25, 1997. BASIS OF APPEAL. Building Inspector's Action of Disapproval dated May 13, 1997 which reads as follows: under Article XXIII, Section 100-239.4A(1)(2), proposed inground swimmingpool with deck must be beyond 100 feet from a bluff or bank and also beyond the 100 ft. average high water mark of Fishers Island Sound. AREA VARIANCE. RELIEF REQUESTED BY APPLICANT: To locate proposed 25 ft. by 35 ft. lap swimming pool, elevated deck construction, small retaining wall at the northerly portion of the property of fieldstone creating a terrace area for the lap pool, and fence enclosure. All construction related to this project is proposed landward of the existing 50 ft. natural buffer, landward of the Coastal Zone Hazard Boundary Line, and at a distance of approximately 77 feet (and greater for the pool construction) from the average mean high water mark (rocky beach) of Fishers Island Sound, as more particularly shown on map amended 3/25/97 prepared by Chandler, Palmer and King for board consideration. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Southold Town T'rustees' approval was issued by resolution adopted April 30, 1997. N.Y.S. Department of Environmental Conservation issued an Amendment 3/25/97 to former Dwelling Construction Permit issued 6/19/95 (DEC #1-,1738-01113/00001-0). (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to Page 2 - Judy 24, 1997 Appl. #4496: 1000-3-2-7 Southold 'T'own Board of Appeals nearby properties because this parcel and other properties on the Map of Olmstead are large in size which ensures privacy. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the land areas are proscribed by archeological determinations. (3) The requested area variance is not substantial due to the 2.74-acre size of this lot. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because this project has been approved by the Southold Town Trustees and the New York State Environmental Conservation Departments. (5) The situation has not been self-created and is due to archeological considerations. (6) This action is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Doyen, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied. VOTE OF THE BOARD: AYES: MEMBERS DOYEN, GOEHRINGER, DINIZIO, 'T'ORTORA, AND OS' ANN. This resolution was adopted by unanimous vote -0). ~ G1?RARD P. GOEHR NGER, CIIAIRM~ / / PER RESOLUTION ADOPTED 7/24/97 APPROVED FOR FILING RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DgT.E Town Clerk, Town of Southcld J NOTICE OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JULY 24, 1997 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, JULY 24 1997 at the times noted below (or as soon thereafter as possible) : 6:45 p.m. Appl. No. 4469 - RAYMOND FEDYNAK. Carryover hearing from June 19, 1997 for continuation. (1) Request for waiver under 100-26, and (2) alternative relief for area variances. Property location: Fay Court, Mattituck; 1000-123-5-15. 7:00 p.m. Appl. No. 4496 - JEAN N. CALHOUN. This is an application based upon the Building Inspector's May 13, 1997 Action of Disapproval which states that under Article XXIII, Section 100-239.4A(1)(2) proposed inground swimmingpool with deck must be beyond 100 feet from a bluff or bank and also beyond the 100 ft. average high water mark of Fishers Island Sound. Location of Property: Private Road off East End Road, Fishers Island, NY; County Parcel No. 1000-3-2-7, containing 2.74+- acres in total area. Zone: R-120. 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. The above hearings will not start before the time designated. Each file is available for review during regular business Page 2 of 2 - Legal Nace • Southold Town Board of Appeals Regular Meeting of July 24, 1997 hours (8-4 p.m.), and written comments may be submitted before that hearing is concluded. If you have questions, please do not hesitate to call 765-1809. Dated: June 25, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x • ' • f/IIIM1I ryIL) L IOIVN of-..SUII-I11OI-1) "I'l I-I)IN(1 HFVARINIBNI TOWN CL-L•RK'S OI'PICI? SOI1*11101.1), N_Y. NO IWE OF DISAPPROVAL Dale -i{- PLEASE TAKE NOTICE flat ponr applicalirtn dated 19 for pelmil in LG'ILGGZ~CG~jG6( yl®G. M. //ll-.C -9'Yl {~4G~~x'??~! l t~3~ fr~,~G'.E C~~ nl Lo (.;I(ioII of Properly SIInPI vy /lomlel ColnuY Tax Map on, 1000 Section Illock Lot ! . Snhdivision filed Map Nn. ..J... Lot No. . is ,~.Im ned herewilh and tlisgq.i ovrd rnt 16c fnllo win~l;rounllc r% : : 4 . . ...........-cs . Building RV l/Ilp ya'1r ~++V'++• 1 • PuInMWU. I 3 SETS OF PLANS TOWN OFSOUTHOLD URVEY i BUILDING DEPARTMENT q#iIECK........... TOWN HALL SEPTIc Form SOUTHOLD, N.Y. 11971 -----ELpG, ~.__f TEL.! 7651802 IIOT 1 PY , Nni UF-^C~..+ri r. CALL Examined , 19 NAIL Tor Approved 19 Permlt,No- .7.1..1....... Disapproved a/c .../112 (Building Inspector) APPLICATION FOR BUILDING PERMIT Q 7 Date 19 INSTRUCTIONS a. ThIs application must be completely filled in by typewriter or lit ink mud submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. ' . b. Plot plan allowing location of lot slid of buildings on premises, relationship to adjoining ptemises or public streets or areas, slid 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 tldg application may not be commenced before Issuance of Building Permit. d. Upon approval of this application, the Building Inspector will Issued a Building Pennlt to the applicant. Such permit shall be kept on the premises avallable for Inspection throughout the work. e. No building 9lrall be occupied or used in whole or in part for any purpose whatever until a certincale of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Perlin pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, arid other applicable Laws, Ordimmices or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with ail applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors oil premises and In building for necessary lr a lions. ualure of applicant, or name, if m corporation) ~J~ ' (Mailing address of applicant) Slate whether applicant Is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. AC- ew I... .Q............................................ . . 1 A"0j.W... . Name of owner of premises n (as on the lax roll or latest deed) If a cant Is a orpor it, signature of dul authorized officer. . . (Name and title of corporate officer) Builder's License No. Plumber's License No. ..u7/i . Electrician's License No. . Z..{ . Other Trade's License No . . I. Location of land on which proposed work will be done . . House Number Street Hamlet County Tax Map No. 1000 Section 1-~ Block rr, Lot 7 Subdivision Filed Map No. Lot . JM (Name) 2. Slate existing useraind.occupanay of premises and intended use slid occupancy of proposed construction: a. Existing use and occupancy r .ppi! b. Intended use and occupancy . . 3. Nalure of work (check which applicable): New Building • • , Addition Re pair Alteration 1 • . Removal . . Demolition Ollrer Work J~4 . , , , . (Description) 4. 1?slimated Cost 3;J,QUU i Fee . . (to be paid on filing tills application) 5. If dwelling, number of dwelling units , . • • , , , , . , Number of dwelling units on each floor . If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use 7. Dhnensions of existing stnictnres, if any: Front Rear ' ' ' Height Depth . . ..Number of Stories . Dimensions of same stnictiure with alterations or additions: Front Depth Itel Rear 6ht ......................Number of stories . 8. Dimensions of entire new construction: Front , ' ' • • ' . ' ' ' ' ' ...,.Rear Pepllr I leighl . . Number of Stories , . . ' . 9. Size of lot; Front • . Rear,..................... Depth th 10. Dale of purchase Name of Former Owner I I. Zone or use district In which premises are situated . 12. Does proposed construction violate any zoning law, ordinance or regulation: , , , . . . . . . 13. Will lot be regraded /(/d . Will excess fill be removed from premises: Yes No 14. Name of Owner of premises ~f?CJi!M Address Name of Architect , • • • • . • • . • • Phone No. . •.P: . . . . . Address .!V04,UCW... . Phone No. ~6P. -,3.';f -2 Name of Contractor , , , , Address 00 feet: Prone 15. is tills property within 300 feet of a c1de1 wetland? ~ ~a Yes... No..,.,,.. *If yes, Southold Town '1'rdFeCees Permit may be required. PLOT DIAGRAM Locale clearly end distinctly all buildings, whether existing or proposed, and,indicatefall set-back dimensions from properly lines. Give street and block number or description according to deed, and show street names and Indicate whether interior or corner lot. ffA1T OF NE 'i01 1 , 'OIJNI'Y OF .1. , •n S~.S' ~ -LC " being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) bove named. It is the (Contractor, agent, corporate officer, etc..) . .t' silid owner or owners, and Is duly authorized to perform or have performed the said work and to make slid file [Ills ppiicalion; Ihal all statements contained in this application are lnue to the best of his know) vork will be performed in the manner set forth in Ilia application filed therewith. EUBLIC, NEW YORK that the ;worn 10%eforo me this „ NOTARY PUBLIC, NEW YORK STATE NO. 01WA9609185 F IN SUFFOLK lay of TERM UALIFIEDEXPIRES OCTOBER 81, .c 19 lotary Public, County . RECEIVED y JUN 1 7 1997 TOWN OF SOUTNOLD, NEW YORK _ I~?O10 YY11 E4G-Wd,WCISION OF BUILDING RJSPFCTOR APPEAL NO. 50 DATF..?mrif'..i(L...199.7 TO TM ZONING BOARD OF APPEAI.S, 3OwtJ OF SOUIIIOLD, N. Y. of . 2.OS., Bound Hi11 Road 1) JEAN N CALHOUN ..................r............ . Name of Appellant Street and Nurnber Greenwich Connecticut IIFRFBY APPEAL 10 State TI IF ZONING BOARD OF APPFAI S FROM lI IF DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT 110 . DATED WHEREBY THE BUILDING INSPECTOR DENIED TO Jean N. Calhoun . tJome of Applicant for permll of P. O. Box 447 Fishers Island New York . Street and ~dnr,d,er Municipality Stole ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X ) PERMIT TO CONSTRUCT SWIMMING POOL, DECK AND FENCING . Fishers Island Ag,ential,Low-D s't U.... 1. LOCATION OF 'THE PROPERTY . Private Road op Street /IMm1eC I se Dlelrkt on Zoning op District: 1000 Section 3 Mock 2 l nt. 7 ..Clmrent ()oner Jean N. Calhoun fta R¢D5$idc Prior Owner Bernard Rafferty 2. PROVISION (5) OF 131E Z0tIIt,IG 0IEDII,IANCE APPFAI_FD (Indicate the Article Section, Sub- section and paragroph of flee 7oning Ordinnnce by number. Do not quote file Ordinance.) Article %XIII Section 100-239_4 A (1) (2) 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (Stale of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 200A Subsection 3 4. PREVIOUS APPEAL A previau~ apPenl 05110 (has not) been made with respect to this decisfon of the Building Inspector or with respect to Ibis property. Such appeal was ( 1 request for a special pennll ( ) request for a vorionce and was mode in Anneal No . N/A .....................Doted ............N/A................................................... . REASON FOR APPEAL ( ) A Variance to Section 280A Suhsectinr, 3 (X) A Variance to the Zoning Orrifnonce is requested for the reason that the Building Inspector has denied the granting of a buildimg permit to construct an in-ground swimming pool with deck and fencing in the rear yard area of your Petitioner's property because the proposed swiming pool, deck Fishers lIsland within of the ExhibitdI the is ordinary eater maand fenocing Disapproval of the Building Inspector dated May 13, 1997. Attached hereto as Exhibit 2 is the Site Plan of proposed pool for Jean N. Calhoun by Chandler, Palmer & King amended 3/17/97. ronpp 7.n1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because your Petitioner, due to the present location of her residence, has no other practical location to construct a 15' x 35' lap swimming pool and enjoy its benefits other than the proposed rear yard location. At the time of the construction of the residence it was required to move it to its present location because of the prehistoric archeological site discovered on the property. The pool area on the northerly portion of the property will have a small wall of natural looking fieldstone creating a terrace area for this lap pool. The area surrounding the pool itself will have a surface of natural flagstone. The result will be this pool and terrace area will be an extension of the rear yard outdoor living space of the house overlooking Fishers Island Sound, all as shown on Exhibit 2. (CONTINUED ON ATTACHED RIDER) 2. The hardship created is UNIQUE and Is nut shared by all properties alike In the immediate vicinity of this property and In this use district because it is submitted due to the fact there is a prehistoric archeological site found on other portions of the property which created the problem of constructing the house in this particular location. 3. The Variance wocdd observe the spirit of ilia Ordinance and WOULD NOT CHANGE THE CHARACTER OF -niE DISTRICT because this particular area is residential and the installation of this lap swimming pool is an accessory residential use and would be a compliment and not adversely affect this neighborhood. STATE OF NEW YORK )lr C ~Ll ss _ COUNTY OFSUFFOLK I Sir nature Jean ~I. Calhoun Sworn to this ........1.bith day u1......... .q:tApe....................................... 1997 Notary Public BAFWAWOM p syp Cqq~~Yoyrk CWaWmE'MOIL31,1911' RIDER TO APPEAL FROM DECISION OF BUILDING INSPECTOR REASON FOR APPEAL #1 CONTINUED. The Building Inspector in effect has determined this proposed swimming pool is within the definition of a building thereby requiring a variance. The benefit to your Petitioner for the Board to grant the variance is obvious; but more importantly the granting of permission to locate the swimming pool in this location will not cause any detriment to the health, safety and general welfare of the neighborhood. Your Petitioner has received an Amendment to the Permit to erect a single-family dwelling, install septic system and construct a driveway from the New York State Department of Environmental Conservation dated 3/25/97 for the construction and installation of the in-ground swimming pool, retaining wall, deck and drywell in this area as shown on Exhibit 2. The Southold Town Trustees at their meeting on April 30, 1997 granted a waiver to construct the swimming pool, deck and retaining wall and fence, copies of which approvals are attached hereto as Exhibits 3 and 4 respectively. It is respectfully submitted to the Zoning Board of Appeals the granting of this area variance to locate the pool in the proposed rear yard area will neither produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties. In fact the proposed swimming pool will be an enhancement to this property and the neighborhood in general. When completed the proposed pool will blend in and be a natural compliment to the existing residence. To maintain the aesthetics and economic value of the property not to mention the practical use the pool it can only be located in this particular area which is in realty an extension of the outdoor living space. As previously stated there is no other practical location to locate the pool due to the prehistoric and archaeological site previously identified on the property as well as several existing large boulders. It is submitted the granting of this variance is not substantial considering the topography of the property, the height of the bank facing the water and the rocky beach and swimming areas making it undesirable for swimming. The proposed swimming pool will not have an undesirably effect or impact on the physical or environmental conditions of this neighborhood or the district in general due to the fact that it is the only feasible place to construct the pool and stay away from any future environmental difficulties, due to the sensitive nature of all portions of this property. The construction of a swimming pool in this area is not a self-created hardship in that since the residence was required to be built in this location, permission to construct a swimming pool should also be approved as it is the only feasible place to locate same on this parcel of land. fbWN OF SOUTHOLOPROPERTY RECORD CARD - - - -.,h OWNER STREET VILLAGE DIST. C~ ~ LOT FOR ER OWNS N ~ACR. T o u ~,~c~ i ~D~mod~l~2~t9~PSlz~a~%on / a. -JPrf,r) A/ • CR Snn W TYPE OF BUILDING i ' F F ~I c i LEC ! I /r c "Tr r IJ_LLFl'<_+ RES. SEAS VL. ~j FARM COMM. CB. MISC. Mkt. Value r°' r 2-1 LAND IMP. TOTAL DATE REMARKS F' /l7za7 y Ak4-v-0<r' l ou!_a s ~o,~oon Toe eW~ (o ~s ~s 1 1895 ~P aaFs91~ Cnn oner- n I, ~~-L(_ ~l \ oo IU,(boo _ ~ boo 24J e~j -ql! 96-LI 1-7 -7I ~ PIoFS-.houn ~D o2 IAA FV AGE BUILDING CONDITION NEW i NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plat DEPTH BULKHEAD Total DOCK COLOR ~ - - - - - - TRIM - ~g x r M - - - - m.a - jq7 _ (fin b5h 5-1,7A Foundation I~ rr Both J 1 Dinette E> toi,si,,i, Basement Floors K. I n 18 1 ?B ~ ~`u~~ - - w~4~ 1o~ar~Q t_ E 1 _ - r o~ rn hip hlrr lwu Z~~71 do u,~ I =t _ 5~j - J(n n~ C ~o ~~~~"1r~~I0.CJ+(rY~ t.~ Interior Finish Ext. Walls C I_R. E to Fire Place Y~J Heat Oil DR. a Type Roof Rooms 1st Floor BR. Pc+I, Rvrl oo Recreation Room Rooms 2nd Floor FIN B_ i1X2z z~rx1 _ 19~ 1 ~ ~ ~l7 Pc. ' ~v7~, c { Donner Br ec i c:; y Driveway 7 - - ~~ael &kvnl ffoq~ 1-100, - - 1 - G'11 i - t+.,mvtJo o+ fn„%t irfA ft nick o. B Ar 30+~;~S -2on/m G f - Page 5 - Heari* Transcripts • July 24, 1997 - Board of Appeals 7:00 p.m. Appl. No. 4496.SD - JEAN N. CALHOUN. Legal notice was read in the introduction. CHAIRMAN GOEHRINGER: We have some really nice pictures that we got from Member Doyen which we appreciate. And we have a copy of a site plan from Chandler Palmer and King dated May 28, 1996 and updated on 3/25/97 indicating that proposed location of the pool which appears to be - I won't even guess, it's between the house and of course the natural bluff, but I won't estimate the distance. I'll wait for the attorney to represent that. MEMBER DOYEN: I think it's 100 feet. CHAIRMAN: It's 100 feet from the beach. Rocky beach, which is referred to. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Lark? How are you tonight. MEMBER DOYEN: Gee you run just like the railroads used to run. Seven o'clock right on the button. RICHARD LARK, ESQ: OK, not all the time. I try. OK. Good evening. I believe that the petition which I assume all the board members have read, I believe it covers all the necessary points for this area variance under 2678 of the Town Law. However, I would like to cover and highlight a few points for the board. Parenthetically not to be cute but instructive, I'm assuming from the past practices of the Building Inspector's offices and your Board of Appeals and the tacit approval if you would of the Zoning Board of Appeals, that his interpretation of the Zoning Code is correct, is set forth in Exhibit 1, which you have before you in the petition. I bring this to your attention as I say in a positive manner, because even a strict or even a casual reading of the code doesn't back up the building inspector. The building inspector says that the swimming pool is to be constructed within 100 feet of the bluff and so it is, and this is true fact, but under the definition that he cites the section of the code, Zoning Code 239.4 that refers to a building has to be more than 100 feet. 100-13 of your code does define building as a structure having a roof and accepts construction that's entire underground, which of course where a swimming pool is. Further, the definition of a building includes all sorts of things in the Zoning Code that are not building, such as signs, fences, walls, radio and TV Towers, even porches and outside bins, but no swimming pools. One would think that if in this decade of technicality, especially where the environment is concerned, that the word swimming pool of all types, goes where swimming pools of all types could be added to this section of definitions, especially since swimming pool is defined in the code. Also, pursuant to your interpretive powers pursuant to 100-272-1-1 of the code you could interpret the swimming pool should be included. I say this especially since swimming pools is listed or Page 6 - Heariq Transcripts • July 24, 1997 - Board of Appeals defined in a building area but not as a building which is what the section that we're under. But, be that as it may, the point that I'm trying to make, is that the existing code leaves something to be desired and does leave open the jurisdictional question. But, to say it another way, we get so with all the amendments and the code over the last 15 years we pay so much attention to detail, we sometimes tend to overlook the obvious. But, for purposes of this appeal and to expedite the matter so that Mrs. Calhoun can build and enjoy the swimming pool with what's left of the summer, I'm assuming that what we're applying for here is an area variance to locate the pool as you see on Exhibit 2. 1 think it's important for the board to know by way of history, that. this is probably the only practical location on this property where you can locate a pool through the boulders as well as the prehistoric artifacts that are presently on the property. The house was moved and built and constructed in this location to avoid impacting the area of archeological sensitivity. In May of 1995, Dr. Robert Miller, 1 guess at the request of the DEC, did a cultural resources investigation, the result of this particular house site was recommended as the place where to where you see it on Exhibit 2, where to locate it. The DEC also agreed and granted approval for the house site location. Both the DEC as an amended to her building permit has approved the pool location and so did the Southold Town Trustees. You have those as Exhibits 3 and 4. I also, which you don't have and I was able to obtain and if you'd like to have it for your record, I was able to obtain the cultural resource investigation done by Dr. Miller and you want to have a copy of that for your file, I think it might be helpful. Also, I included, which you might not have, even in the building inspector's file, the negative deck done in June of 95, done by the DEC for the house location and when you look at the map there, when you look at where the boulders and where they found those artifacts, you can see the dilemma they were in and that's why they went and located the house where it is. Now, turning to the Town Law, in particular to 2678, 1 believe, petition and those who have visited the site clearly demonstrates that this application by placing the pool in this particular location there will be no undesirable change produced in the character of the neighborhood or detriment to the nearby properties. There is no other place to put the pool because of the geological and the archeological factors that I just spoke about. The variance request itself is not substantial as a swimming pool is a reasonable accessory use to a residential property and residence owner. There will be no adverse impact or physical or environmental conditions to the neighborhood and clearly this situation was not self-created in the sense that no-one knew until she went to locate the house that this is what they call in archeological terms as a hot spot, this whole area and Chocomount Bay, Chocamount Cove rather, and so therefore taking into account the benefits to Jean Calhoun, if you're granting of her request is weighed against the factors as set forth in the law, 1 don't believe you'll find any detriment at all to the health, safety, and welfare of the neighborhood and I respectfully request that you grant her, her application and if any Page 7 - HearAR Transcripts • July 24, 1997 - Board of Appeals of the members have any questions I'll be glad to answer them, if I can. CHAIRMAN: Just as a point of clarification, the pool is 77 feet as requested from by a water mark, whatever that - MR. LARK: Yeah, that could be it. CHAIRMAN: I said 100 feet and I was referring to the, the code reflects to 100 feet. MR. LARK: Yeah, the code reflects 100 feet, that's correct. I thought that's what you had said. MEMBER TORTORA: What's that 100 foot line? What's that? CHAIRMAN: That's the 100 foot line is here. This is 77 to the edge of the bay. Is that a walkway around that, or is that a retainer wall I assume? Must be a retaining wall. MEMBER DOYEN: Will be, I guess. CHAIRMAN: Yes, will be a retaining wall. MR. LARK: Will be. What you see there is prospective. Mr. Doyen, you've been to the place so you can describe better than I. MEMBER DOYEN: Well, I have 79 photographs here. So, actually calling that a bluff is MR. LARK: No, that's stretching the word. It is in that area. That is it's stretching - CHAIRMAN: Flow low is it? MEMBER DOYEN: How low is it? From here to there to maybe that much. MR. LARK: It's all rocks. Saying it's a gradual incline and its got overgrown - MEMBER DOYEN: Not only that, it's on the northside of the island and (inaudible, coughing) 1938 hurricane impacted that area significantly. MR. LARK: Its lucky that way because of the you don't get much of the sea storm there. MEMBER DOYEN: No, you can't have a storm sergia. MR. LARK: No, that's true in that particular location on that side of the island. That is correct. Page 8 - HeariolTranscripts • July 24, 1997 - Board of Appeals CHAIRMAN: Thank you, I just wanted to mention that. We'll start with Mr. Doyen. Anything you'll like to say for the record? MEMBER DOYEN: No, only that nearby they found some archeological items. They were 9,000 years old. MR. LARK: There in that report. CHAIRMAN: 9,000 years old! No relatives though? MEMBER DOYEN: Who knows. MR. LARK: There is a site map that the Dr. Miller did and you can see when they did core samples they did find some of these prehistoric. It turned out that this area they're theorizing was cultivated and they found some implements and things of that nature. As I understand it, where they come across things like this, they don't try to dig them up or do anything, they just want to leave them there. CHAIRMAN: Oh! Really, they leave them there? MR. LARK: Yes, they don't want anybody to be, they just don't want it disturbed. No-one wants to come in these areas and dig them up and put them in a museum or anything like that. CHAIRMAN: That's amazing. MR. LARK: Yes, it is. I was surprised at that. They just don't want anything to disturb it. You know, like bulldozers and things of that nature. They just want them left there. As Mr. Doyen said, the area I guess was to the west of it, they did find a bunch of stuff, you know, like arrowheads, and all of that other kind of things. CHAIRMAN: Well, I assume they exhume the ground for the swimming pool, they'll be there again and something is found they'll probably - MR. LARK: No, they looked in that area and there is nothing there. MEMBER TORTORA: Metal detectors, right? MR. LARK: No, they do core samples. They actually do core samples and go down in the ground and then pull out the core samples and analysis it. That report is quite interesting to read because I have read them for big places where they were looking for species of wild life and stuff like that. Like we had up you know at Tanger Mall, but I have never read one where they're looking for artifacts, you know, nothing live or anything, they're just looking for anything that might be there and it's interesting the things that they pull out of there. So, and then the other big factor is that she didn't Page 9 - Hearir* Transcripts • July 24, 1997 - Board of Appeals really want to put the house there to begin with but the boulders and everything else on it and when they got involved they said no, leave the boulders alone because you'll do more destruction by trying to move them out of there to put a foundation in or anything so, it was kind of not squeezed in but situated in between, between them, he can described the size of them. MEMBER DOYEN: No, that's a beautiful place. You can see there where there's two photos here where you drive up so called front yard, that isn't the front yard. MR. LARK: Well, no, but under the zoning it - CHAIRMAN: That's why I didn't discuss what was front yard and where the actual location of the swimming pool was because Fishers Island is a very difficult place to discuss what's front yard and what's rear yard. MR. LARK: That's correct. CHAIRMAN: The only thing that I would ask Mr. Doyen, is maybe you could show us this site while they're constructing the swimming pool or - MEMBER DOYEN: Yes, I call the day before. CHAIRMAN: We'll go over in August, OK. MEMBER DOYEN: I'll just call Jeannie and just tell her. MR. LARK: No, no, that's not a problem and you also, I was here a couple of months ago on another one. I'm told that one is in so the next time you're over there, you know on treasure - MEMBER DOYEN: Temple, near Temple, Templeton, never forget Templeton. MR. LARK: Yes, Templeton's old place. CHAIRMAN: There's no intentions of closing this in anyway. This is to remain open? MR. LARK: On! Yes! Absolutely because it would take the breeze away from it. In fact, it's going to be flagstone on the top and it's goner be a natural stonewall. They're going to use the existing stones on the property which there's plenty of on the property to do that. No, no, there's absolutely no intention to close that. That would take away from the whole intent of the whole thing. CHAIRMAN: Thank you. Mrs. Tortora. Page 10 - Hear*g Transcripts • July 24, 1997 - Board of Appeals MEMBER TORTORA: No. CHAIRMAN: Mrs. Ostermann. MEMBER OSTERMANN: No questions. CHAIRMAN: Mr. Dinizio. MEMBER DINIZIO: No, no questions. CHAIRMAN: Hearing no further, is there anybody else in the audience would like to speak? Anybody like to - MR. LARK: No seriously, you ought to give some attention to because I could see you can get into some real spats on it and it's just add the word swimming pool there. If you could put fence why not swimming pool because it makes complete sense, if you know what I mean. CHAIRMAN: Well, we could put structure in, couldn't we? MR. LARK: Structure is not defined in the code. CHAIRMAN: So then, we'll put structure in and then define structure. MR. LARK: That would be fine. I mean just something should be in there. Most codes I did check with some codes and they are in there. They specifically set forth and we have swimming pool regulations in the code. That's what is so interesting about it. MEMBER DOYEN: So what do they call them in the other codes? MR. LARK: Swimming pools. BOARD SECRETARY KOWALSKI: Structures or buildings or swimming pools, that's it. MR. LARK: No, they define them right in the swimming pool. MEMBER DOYEN: Swimming pool is unique, that's it. MEMBER TORTORA: Under the definition of the building, it says a structure. MEMBER LARK: Yes, but structure is not defined in the code. BOARD SECRETARY KOWALSKI: Their not defined in any code? MR. LARK: Not in this code. BOARD SECRETARY KOWALSKI: 1 know, but other codes? Page 11 - Hearlog Transcripts July 24, 1997 - Board of Appeals MR. LARK: Some codes they are. BOARD SECRETARY KOWALSKI: They are as a structure though? MR. LARK: Some codes they are. But since we define what is a building here and we say a fence is a building, we say a bin is a building, why not say a swimming pool is a building for purposes of the zone? It's a simple amendment and seem to be able to clarify. CHAIRMAN: Thank you, Mr. Lark. Hearing no further comment, I'll make a motion closing hearing, reserving decision until later. MEMBER OSTERMANN: Second. Motion carried. End of hearing. APPEALS BOARD MEMBERS gUFFO(~ < ~k' Southold Town Hall Gerard P. Goehringer, Chairman hy` Gym 53095 Main Road ~4, Serge Doyen y P.O. Box 1179 Y James Dinizio, Jr. Southold, New York 11971 am0@19M °y Fax (5l6) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD TRANSMITTAL LETTER TO: Office of the Building Inspectors FROM: Office of the ZBA 7 DATE: --,2 1,29 SUBJECT: Pending Applications for Building Pertnits/Other Please find attached copies of the following determinations rendered by the Board of Appeals for your files or pending permit application files. If you have any questions, please call or stop by our office. ji~LLQ. ~2~/([ L/,-tom ,1 Enclosures C'?J COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I.C.P. 70 ;a--F,,RCA>~ttv~er~.-.- DEPARTMENT OF PLANNING -„9(R July 31, 1997 AU6 , 41997 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. AA1 licant(s) Municipal File Number(s)_ `?Siriano, Richard 4490 Calhoun, Jean N. 4496 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc C'.\WPWIN6MWPDOCSIZONING\WORKING%LDS\JULY SD4490. JUL 220 RABRO DRIVE ¦ P.O. BOX 6100 ¦ HAUPPAUGE, LONG ISLAND, NY 11788-0099 • (516) 853-5190 ¦ FAX (516) 8534044 APPEALS BOARD MEMBERS • gUFfO(,~ Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen o ` P.O. Box 1179 James Dinizio, Jr. h Southold, New York 11971 Ryj!XgA-)f= Oy 0`- Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 Maureen C. Osterman>z BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County axhinistrative Code, The Board of AL-ceals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Ca mission: XX Variance from the Zoning Code, Article XXIII Section 100-239.4A (1) (2) Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4496 Applicant: Jean N. Calhou, Location of Affected Land: pp Rd. off East End Rd., Fishers Island County Tax Map Item No.: IOm-3-2-7 Within 500 feet of: Town or Village Boundary Line XX_ Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission to construct i-nground swimmingpool with deck within 100 ft, from bluff or bank and also within 100 ft. of average hiah water mark of Fishers Tsjand Sound Copies of Town rile and related aocumenzs enclosed for your review. Dated: July 29, 1997 July 28, 1997 Richard F. Lark, Esq. P.O. Box 973 Cutchogue, NY 11935 Re: Variance for Swimming Pool Location ( J. C a l h o u n ) Dear Mr. Lark: Please find enclosed a copy of the Board's determination of approval rendered at our July 24, 1997 Meeting. A copy has been forwarded to the Building Inspector's Office as a follow-up request on the pending application for a building permit. As you may know, no construction activities are permitted until a building permit (and other required approvals) have been issued. You may wish to contact their office directly for the time period involved. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Inspectors' Office Suffolk County Planning Commission (within 500 ft. of a waterway) X11 E ('1Le t v t4 d CULTURAL RESOURCE TNVESTIGATION° 41 Executive Summary 4.1 4411 At4t"O RObert and Jean Calhoun pi •ibot/$ei6ility Name -Block 19, Lot a .kidawa edt/rip" ility Location Fishers Island. N York , DIC Numberi 1-4738-01113/00001-0 Recommendations of the stage 1A Report No additional work recommended X Additional work reoommended Results of the Stage 1B Report (if appropriate) No sites found in project area X Site(s) found in project area Recommendations of the stage Is Report (if appropriate) X No additional work recommended Additional work recommended stage 2 Report attached _ Yes X No X Oroject has been modified to avoid site(s) Applicant should seek direction from DEC as to the need for additional work ~ Y Summary prepared by Dr. Robert Miller Date May~ 1925 i ' - Ion a I. APO cN r sr• N 30 feet L ~ v 'Q~ NO/ai1'/ll MIII~, C ~ G / I ri/AtiI M~MI Iflllq° - F F3 q : ,0 T+1~ a/rr • tYilrPlrro 4 CA 0 of ' A 14 o I ET ~i¢~,' ea' $,t a f N ~ w f 'bf\ y~ r~'' ° ~yI ~~y s a. j3S CT ~ ~i a / C2 C3 C4 / M 'I III1 j 10 I 2 83 I t y ll Na _ Testhole r Teathole with prehistoric find(s) Figure 2. Map of Site / showing location of test holes. CULTURAL RESOWN IMITIGATION ; h stage lA Report B oiec T~},~'ormation ~ AppliaAnt Name Robert-and ?W i,M Project/Facility Name Block!lq, Lot s r Projacp/Facility Location Fishers Island New York "I DEC NU*ber -1-4738-01113/00001-.0 Permits Applied For Descr*ption of Project Hose site Description of impact u1-i1i ices ar$v_el road house septic' tank !l Total acres of project site ! 2.74 acres Total-,acres to be impacted Environmental Information Topography gently sloping 1; i Geology glacial more ni, outwash _ Soilsl Haven Loam-2 to 6 rercent slopes (Ha8) i Draindge well-drained Vegetsltion oak and conifer, trees understorev of brush Foreat Zone oak and conifer Man-MAde Features and Alterations 1680-1770 plowing possible I ' Distance to freshwater _1l4imile west of tyjo sgringa Distance to saltwater parcel borders Chocomount Cove Documentary Research 1. site riles (within 1 mile radius) a. NYIS Office of ?arks, Recreation and Historic Preservation OPRBP) i Statewide Inventory q! Historic Property state Register of Historic Places T National Register of'Historio Places I~ G Nationaaegister of Eligible Listim _ state/National Register proposed / b. NY'S Museum c. X Two springs Site (Funk & Pfeiffer, 1988: 78-83): Late Archaic: - late Woodland site(s) adjacent to two freshwater springs. The Twp Springs site may be the source of the potsherds in Chocomount Cove npted by Ferguson (1935: 2). This site is located approximately 1/4 mi;e east of the Calhoun parcel/Block 19, Lot 8 of the 1928-1929 subdivision of eastern Fishers Island. i d.1_ Arrowhead Beach (Funk & Pfeiffer, 1988: 94-95). Tool making'si.te and flaking waste located approximately 1/4 mile west of the Calhoun parcel/Block 19, Lot 8 of the 1928-1929 subdivision of eastern Fishers Island. I \9. References I ar' Tpxts i Funk, Robert E. 1976 Recent Contributions of Hudson valley Prehistory. New York State Museum Memoir 22. Albany, New York Parker, Arthur 1920 The Archaeological History of New York. New YorY State Museum Bulletin Nos. 237, 238. Albany, New York (p._). _ Ritchie, William A. 1969 The Archaeology of New York State. :atural History Press: Garden City, New York (p.-). _ Ritchie, William A. and Robert E. Funk 1973 Aboriginal settlement Patterns in the Northeast. New York State Museum and Science Service Memoir No. 20. Albany. New York (p.,_). . Ferguson, Henry L. 1935 Archeological Exploratior, Island New York. Indian Notes an. ohs, vol. XI, no. 1. Heye Foundat Museum of the American Indian, New York. i Funk, Robert E. and John E. Pfeiffer I 1988 Archaeological and palms.. ,vironmental investigations on Fishers 1<_1~s New York: a preliminary report. Connecticut Archaeology Bulletin 51: 69-110. b. Mops 1I Beers, F. w. 1873 County Atlas of Suffolk. i Burr, D. B. 1829 Atlas of New York State. Stone and Clark, New Xork4. Library of Congress 1981 Fire Insurance Maps in Library of Congress. Stone and Stewart, Publishers 18" New Topographical Atlas of County. X 1838 U.S. Coast Survey. ~3. Previqus surveys I - no recorded in oHRHP files - Survey(s) Completed for project area Sensitivity Asses ment/S'te ared+stion The presence of two prehistoric sites (Funk & Pfeiffer, 19b8) within a quarter of a mile from the Calhoun parcel/Block 19; Lot 8 meant tha the site was in an area of multiple prehistov'to `sites requiring intensive subsurface testing to determine the presence or absence of,prehistoric artifacts, features or sediments. However the Calhoun parcel does not have the freshwater resources found at the Two springs sige (Funk & Pfeiffer, 1988: 78-83), making a camp unlikely. The Calhoun parcel. also lacks the quartz cobbles found at the Arrowhead Beach where abundant waste from stone Dol production and numerous finished projectile points have been _ound and collected (Funk & Pfeiffer, 1988: 94-95). The relatively intensive survey of Fishers Island by Henry L Ferguson chid not yield a localized site on Chocomount Cove. In a passing reference to sites that yielded artifacts "in various places removed from obvious or probable camp sites" Henry L. Ferguson noted "Chocomountt, Cove; potsherds, objects of metal" (1935: 2) Although Ferguson noted that the land around Cho-.r runt Cove had not been plowed in the late 19th - early 20th century guson, 1935: 2), the USDA soil survey of Suffolk County (Map Sheet 2) identifies the soil ori the Calhoun parcel as Haven B loam (HaB) on 2 tc 6 percent slopes. According to the USDA survey (1975: 72) "This soi~ is well suited to all crops commonly grown in the county. It generally is farmed the same as adjoining areas of nearly level soils.$' In this archaeologist's experience, HaB soil in Suffolk County has often been cultivated 'in the past, and the moist subsoil plus the avai'.ability of freshwater ;springs only a quarter of a mile away whie' could have been used to water a plowing team might indicate culrivatioo by the winthrops o?r their tenants ca. 1680-1770 while this parcel"%"As a part of Middle Farms. i Maps o Fishers Oand from the early histort period to the early 20th century were consulted. No historic period structures were noted on or adjacent to the parcel. No historic period sensitivity was present on the parcel. Fishers island was only sparsely populated before it was developed for a military base and for summer homes in the late 1800s. In 1928-1929 the eastern portion of Fishers Island was the datesvitodthis periodsubdialthoughvision parc 19, Lot 8 really begin in earnest until after the end of the Secondworld1War. els not surface survey was also undertaken to determine possible prehistoric sensitivity. No prehistoric artifacts were noted along the shore in the zone of coastal erosion, nor along paths and in tree roots, nor in the sediments from a subsurface testhole boring undertaken March 17, 1995 witnessed by R.H. Strouse, P.E. This parcel was not noted as having prehistoric artifacts during previous surveys by;early 20th century collectors (Ferguson, 1':°) 'approximately by the \New York State museum team that identified sites loca ea approximately 1/4 mile e4st and west of the parcel (Funk & Pfeiffer, 1988), Althou h surface survey did not indicate subsurface prehistoric sensitivity the presence of prehistoric sites nearby meant that there was a possibility that prehistoric sediments and features yielding artifacts remained below the surface without having been previously exposed by erosion. Near the southern boundary of this lot, a line of stones was noted that would be consistent with the line of a former colonial era fieldstone wall constructed with stones removed from an agriculture' field. The construction of walls on Fishers island to divide f )d; from pasture, notably "the remainder of the outside fence wade 1h good stonewall" was referred to in correspondence between Got ,c Winthrop's sons in 1698 (Winthrop Papers, ed. Mass. Historical Society, 1882: 539-540). Reaommend_~ aw tions The presence of significant prehistoric sites within one mile east and west of the Calhoun parcel/Block 19, Lot 8 ind' ated that a potential for prehistoric sensitivity existed on ti parcel, and subsurface'testing to determine the presence or absencr prehistoric sensitivity on the parcel was indicated. Attac_ hmentai X Topographic Map Project Map/site Plan Enfvironmental Assessment Form X Skate Museum Correspondence Stage 1A Report prepared by Date May 38 1995 Dr. Robert Miller CARAL RESOURCE INVESTIGATE (~I stage 1B Report I Applicant lams Robert and Jean Calhoun Project/yacility NaMe _ Block i9, Lot 8 _ i Project/Fagility Location Fishers Island. New York DEC Nuxber~ 1-4738-01113/00001-0 I Documentary Research Addendum (if needed) X Local site inventory checked (specify) X Ferguson, Henry L. 1935 Archeological Exploration of Fishers Island, New York. Indian Notes and Monographs, vol. XI, no. 1. Heye Foundation, Museum of the American Indian, New York. _T Funk, Robert E. and John E. Pfeiffer 1988 Archaeological and paleoenvironmental investigations on Fishers Island, New York: a preliminary report. Connecticut Archaeology Bulletin 51: 69-110. i Informants interviewed (name, address, specialty) _ other sources checked (specify) I Results of Documentary Research I X no sites reported sites reported (describe briefly) ' ! I Field Invegti_gation I i Description of structure for survey team (number, organization). One New York State Certified archaeologist with one (1) field assistant.I ' j Date of survey and description of general surface and subsurface conditions (including season, ground visibility and relative wetness of soil). May, 1995. Good digging conditions. I 'r.-.4f:.!*ra'.. pe•.o.... ...aN.S . M oT..Arvwy.....•. .3q.........w Description Of general soil characteristics, including teXtute. and depth to sterile soil. I Sterile shovel probe testholes 0-35cm1 dark brown humic loamy sand topsoil/historic Piow.z 35-64cm yellowish brown or strong brown sandy suljsoil Prphistori~ shovel probe testholes 0-35cm' dark brown humic loamy sand/`istoric plowzone & artifacts 35-50cm artifacts mixed with subsoil 50-60cm sterile yellowish brown sandy subsoil i outline of field testing strategy, specifying (when used)v' sampi4ng techniques (i.e. type, interval, unit size), surface inspection techniques (i.e. transact interval, method of g4oun4 examination), subsurface techniques (i.e.•type, in;trva: and average depth of excavation unit; for screening ii&ie size o° mesh), remote sensing techniques. Subsurface testing covered the entire parcel using a 20 x 20 m grid. Test holes were dug with a shovel and all sediments (sieved through a'6mm (1/4 inch) mesh. Test holes were dug to a minimum of 60cm unless stopped by glacial gravel or roots. i i Description of intensity of coverage and rationale for excluding areas',fron survey. Attach a map with location and type of 'daoh excavation unit; areas surface inspected. Any areas not surveyed should be clearly delineated. I Testholes were dug at 20 x 20m intervals throughout the parcel. No areas were excluded. I i Description of problems encountered during survey which may have influenced results. NA I j Results of Field Investigation no sites identified I ' _l site(s) identified I I ~ I I Describe genera&ature and distribution oAkites Quartz, basaltic and granitic flakes and a hammerstone were found in testholes in the west-central portion of the parcel. These soils appear toy have been plowed in colonial times, judging by the ca. 20-40cm depth of dark brown topsoil. Some earlier prehistoric or early historic period cultivation of this field may be indicated by the bifacially flaked and use-abraded broken gneissic hoe blade found in one test hole. A bifacially flaked projectile point fragment was also found in one test hole. The projected house site and driveway have been relocated to avoid impacting the prehistoric site. Access to the proposed house site is along the eastern boundary of the parcel where no significant prehistoric resources were noted. For each site, complete a site inventory form (OPRHPI providing general boundaries and information on nature of the a (e.g. lithic scatter, historic midden, rockshelter). Ea m should be marked "confidential$'. $e~~,~~ldatiQ$S x No additional work Additional work reco- ~s-- recommended Stage 2 Report attachft- Yes X No X Project has been X Site has already been modified to avoid impacted by 1680s-17709 site stone clearance and plowing Rationale Evaluate the effect of the proposed undertaking on identified cultural resources. If cultural resources are present but will not be impacted, explain why. The artifacts found on the parcel appear to be located on a 1680-1770 agricultural field that had been cleared of stones and plowed. The house site has been moved to avoid impacting the area of archaeological sensitivity. As the colonial era field and the artifacts ' in it will be preserved, further archaeological investigation is not recommended. If cultural resources will be impacted explain how each will be affected. NA Describe possible precautions, protective measures or project modifications which would avoid or alleviate t.6`s`s impacts. A continuous line of hay bales backed with a silt fence is planned for the edge of the cleared area. An additional line of haybales backed with a silt fence can be extended along the southern and western edges of the proposed landscaped path. This will protect the border of the area of the 1680s-1770s plowed field as well as the prehistoric artifacts remaining in it. Ids^±ify sites and/or areas which require additional study. i NA Ouiaine nature and extent of additional investJgation(s) j reoomIIended. NA Egd Stage 1B If stage Site Evaluation Report is not completed at this time, proceed to!Supportive Data section. Stage 18 Report prepared by tip( Dr. Robert Miller Date May 18. 1995 r I i f i e,TSt SECR APp.ndIz F State E++vlronmental Qui ty Review NEU~ 09dLARATION _ Notice of Da of jnation of NonSlgnificanca ay r` "`"l' 11 Project Number 1-4738-01113/00001-0 Date June 15, 1995 This notice is issued pursuant to Part 617 of the implementing regulations Pertaining to Article 8 (State Environmental Quallty Review Act) of the Environmental Conservation Law. The Department of Environmental Conservation has determined that the proposed action described below will not have a significa~ as lead nt effect on the, environment and a Draft Environmental Impact Statement will not be prepared. Nam* of Action: Jean N. Calhoun SEAR Status: Type I Unlisted ? Conditioned Niegatfw Dodarstl= Oyes ® No DesafPtlan of detfwc Construct a single family dwelling, septic system and driveway. Location: (Include street address and the name of the municipaiity/county. A location map of appropriate scale is also recommended.) Un-named Road SCTM 1000-003-2-7 Fishers Island h-tiR Negative Declaration • Page 2 Reasons Supporting This Determination: (See 617.6(8) for requirements of this determination; see 617.6(h) for Conditioned Negative Declaration) I The impacts during construction will be temporary and minor in nature. In addition, they will be reduced to non-significant levels through the use of erosion control it devices. The project is consistent with surrounding land uses. Since the area is identified on the New York State Archaeological Site Map (New York State Office of Parks, Recreation and Historic Preservation) as having a high potential for containing .a prehistoric site, a Cultural Resources Survey was required. Subsequently, the project was relocated to avoid the prehistoric and archaeological site identified on the property. No threatened or endangered species were identified at the site. This I project is not expected to induce any subsequent activities, area is currently developed with similar structures. No.long term cumulative impacts will result if- constructed in accordance with approved plans and conditions. It Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed. Far Further Information: Contact Person: CAROL A. AMARA, Environmental Analyst Address: Regulatory Services, NYSDEC, SUNY, Building 40, Stony Brook, NY 11790-2356 Telephone Number. (516) 444-0365 - For Type I Actions and Conditioned Negative Declarations, a Copy of this Notice Sent to: Commissioner, Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-0001 Appropriate Regional Office of the Department of Environmental Conservation Office of the Chief Executive Officer of the political subdivision in which the- action will be principally located. Applicant (it any) Other imn3lved agencies of any) 1*6 An y g 6e: a atr r~ly~ 9 ,7 11 Yu c a r'. ~t~T1" r A~ Y v 9 31 N f° i l A t _ W 1~eS~ }~na fir. '""'~-v ;`..-t %;r.y~.~" . ~•r' : " i ~'~C,~/D u N I~Lff oUN S f 7JF p POOL ,4 I '.a y r ~ ~ y ^ a erg us , i ~ ti i AA1y', ) Ti-K o .0 N Pvv -LR SrDe }MUSE [~~~elf J~SrUoBtl~ 0 PPO, ~tio t, r' 114 LARK & FOLTT4 ATTORNEYA AT LAW MAIN ROAD - P. O. BOX 973 CUTCHOOUE, NY 11935-0073 - ^ ---(510) 734-0807 I 1 I r; /1~-- RICHARD F. LARK MARY LOU FOLTEJ i 2July 21, 1997 1, L L"-- Mrs. Linda Kowalski Southold Town Board of Appeals Southold Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 RE: Variance Application - Jean N. Calhoun (SCTM #1000-3-2-7) Dear Mrs. Kowalski: Pursuant to your letter dated June 23, 1997 in connection with the above-captioned matter, I am enclosing the Affidavits of Mailing and Posting. Aha y yours, . Lark RFL/bd Enclosures BOARD OF APPILILS:TOWN OF SOUTHOLD ___________x In the Matter of the Application AFFIDAVIT of JEAN N. CALHOUN (Name of Applicants) AFFIDAVIT OF MAILING AMMXF&WiM COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BARBARA DIACHUN , residing at 875 School House Road, Cutchogue, New York, being duly sworn, depose and say that: 1997 1) On the 9th day of July 3899, 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 Propertv Owner Mailing Address 3025 Mechum Banks Drive Sarah C. Tremaine Charlottesville, VA 22901 Peter R. Cha man & Susan S. Cha man 513 Lake Avenue Greenwich, CT 06830 Shaw Walker c/o Margaret W. S offord 1088 Park Avenue New York, NY 10028 anal , the property identified as District 1000, Section Block Lot by piacm' t n n s official poster ten (10) feet, or closer, trom operty line facing the street (or facing the right- vaCl, and that I have checked to be sure the poste remained in place for seven full days prior to the 1947-) - Q `~xo-i A i~ Sworn to before me this (signature) 9th day of July 1997. Barbara Diachun Y. V tHERESATHCIW" votary Public NamyPLd*c 9WdNwYak No.497W72-dlblc0=* Cmft" E*u A413, I= -med. i?lease return to the office of the 5oa_d of Anneals when ccmc_ e _hank you.) § 5b-i 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 hislher agent shall file an affidavit that slhe 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 SOUTHOLD CODE § 58-1 § 58-1 from the property included in the application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7) days prior to the date of the initial public hearing on the application 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 sfhe has complied with this provision. T APPLICATION OF JEAP' N. CALHOUN (SCTM #1000-3-2-7) - 88 200 P 88 201 US Postal Service US Postal Service Receipt for Certified Mail Receipt for Certified Mail No Insurance Coverage Provided. No Insurance Coverage Provided. Do not use for International Mail See reverse Sentto usanPeSter Chapman Do not use for international Mail See reverse S senno Sus. Ch a man Sarah C. Tremaine Street & Number Street & Number 513 Lake Avenue 3025 Mechum Banks Post Office, State, &ZIP Code Post Office, state, &ZIP Code Greenwich CT 06830 Charlottesville VA 22 Postage $ Postage Certified Fee Certified Fee Special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee rn Retum Fecapt o m Retum Recapt Showing to Whom & Whom & Date Delve L Remm n Rehm Receipt < Date Ad r ee's Address < Date, 8 Addy , F/Y 0 T ALP ge Av Fees 0 TOTAL P age Fees $ so P tma to € Postma or Da19 I I E JUL.. ILL y a \ a LISPS 1193 393 888 202 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse) Smite S aw Wa er c 0 ar aret W. S offord Street & Number 1088 Park Avenue Post Office, State, & ZIP Code ew York NY 10028 Postage $ i Certified Fee Special Delivery Fee Restncted Delivery Fee N rn Return Receipt Showing to Who d n < at, ewe's TOTAL Postage & Fee 3 l P oL a ~S~ BOARD OF APPGkLS:TOWN OF SOUTHOLD In the Matter of the Application AFFIDAVIT of JEAN N. CALHOUN (Name of Applicant-Q ------------------------------------z AFFIDAVIT OF V1AEl%24MX%CM POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I,DAVID C. BECKWITH , residing at (no The Gloaming, Fishers Island, New York, being duly sworn, depose and say that: M by certified mail return reoeint requested, a true copy o the attached Legal Notice, addressed to each of the followin named persons at the addresses set opposite their respective es, that the addresses listed below are those shown on the cur t assess- ment rolls of the Town of Southold; that said No ' s :vere mailed at the United States Post Office to each of sai ersons by certified mail, return receipt requested: Name of Surrounding Proper O er hailing Address 2) On the 7 tAm day of July 1997, I personally posted the property identified as District 1000, Section 3 , Block z , Lot 7 , 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 of in to reon to held July 24, 1997). wt to be e 's ignat e ) u1y 1 7. David C. Beckwith THOMAS P, DOHERTY JR, / Notary Publla State of New York Notary Public No. 4806559 Oualiflea In Sutfotk Cou tY Fjarm Expires 121011 (?Lease ____rn to the office of the Board J Anneals when cctacleted_ Ttank you.) § 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 12-27-1996 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 SOUTHOLD CODE § 58-1 § 58-1 from the property included in the application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7) days prior to the date of the initial public hearing on the application and addressed to the owners at. the addresses lisLed for agent sl Pm on the local assessment roll. The applicant file an affidavit that s/he has complied with this provision. J~eEea (?~ia~mnn / JUL 2 11997 July 17, 1997 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Southold, NY 11971 Re: Variance Application - JeanNCalhoun iSCTN 41000-3-2,7) Dear Chairman Goehringer: I am a property owner on Fishers Island (Block 19 Lot 5) and abut property owned by Jean N. Calhoun. 1 understand that the Southold Town Board of Appeals will hold a hearing on July 24, 1997 at which time it will consider Application Number 4496 regarding the proposed inground swimming pool which Ms. Calhoun wishes to construct on her property. I have reviewed the site plans and wish to go on record as having no objections to the construction of this swimming pool. Very Truly Yours, CC: Richard F. Lark 77 V APR 2 3 1997 I owNER. L A N N L ,emu v I 205 ROUND HILL ROA 6REENWIGH, GONNEGTII* 06551 5ITE 15 5ERVIGED 5Y MUNICIPAL WATER AND ON 51TE 5EWA6E DISPOSAL IN COMPLIANCE WITH THE STANDARDS AND REQUIREMENTS OF THE SUFFOLK GOUNTY HEALTH DEPT. 5. BASE FOR LEVELS: N.G.V D 1929 6. COORDINATE D15TANCE5 ARE SUR ~ FROM U.S. COA5T AND 6EOD5ETIG SURVEY TRIAN6L/ATION°STATION " GHOGOMOUNT 2". 7. TOTAL AREA: 2.74 AGRE5 b. PERCENT OF LOT COVERAGE: 2% ASTING CONTOURS vPOSED CONTOURS :ISTING SPOT GRADE LC C SITE PLAN FINAL. LOCATIONS PREP ABED FOR JEAN N. CALHOUN _o _30 BLOCK 19, LOT 5 SCALE IN FEET l FISHERS ISLAND, NEW YORK :EVISIONS M A CHANDLER, PALMER & KIN6i DESCRIPTION PROPOSED POOL A,Chitec tore, Engineering and ,Surveying 110 OROADVAY NORWICH CT 063" 203-889-3397 FA% 203-886-7801 SITE PLAN POOL - - PROeqj~D E Q 28, 1996 ao , APPROVE i-v75L. -wil i t. OF 1 DATEC Rq I . NOTICE OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JULY 24, 1997 NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the To" Law Y~ and the Code of the Town of Southold, the following applications will be held I ~y for public hearings by the SOUTHOLD STATE OF NEW YORK) TOWN BOARD OFAPPEALS, at the Cc~ Southold Town Hall, 53095 Main Road, ) SS: Southold, New -York 11971, on f1j THURSDAY, JULY 24, 1997 at the COUNTY OF SUFFOLK) ? / times noted below (or as soon thereafter f p 1_ , n as possible)c of Mattituck, in 6:45 p.m.Appl. No. 4469 - RAY- said County, being duly sworn, says that he/she MONDFEDYNAK. Carryover hearing from June 19,1997 for continuarim(1) is Principal Clerk of THE SUFFOLK TIMES, a Rearrest for waiver under 100-26, and Weekly Newspaper, published at Mattituck, in (2) alternative relief for area variaaees, y Property location: Fay Coon, Mattituck; the Town of Southold, County of Suffolk and 1000.123-5-15. 7:00 p.m. Appl. No. 44% - JEAN State of New York, and that the Notice of which N. CALHOUN. This it an application based upon the Building Inspector's the annexed is a printed copy, has been regular- May 13, 1997 Action of Disapproval 1 published in said Newspaper states that under Article XXIII, y paper once each week i Section section 100-239.4A pool pool proposed for weeks successively, gOmmeneing on and sw g 39.4 with deck `C I Ie ' ~ Oro ,must be beyond 100 feet from a bluff or the day o 19 bank and also beyond the 100 ft. aver- s age high water mark of Fishers Island Sound. Location of Propertv: Private Road off East End Road, Fishers Island, ^ 1 NY; County Parcel No. 1000-3-2-7, f 1 \l containing 174± acres in total area. Zone: R-120. Principal Clerk The Board of Appeals wi11 at said time and place bear any and all persons or representatives desiring to be heard in the above applications The above hear ings will not start before the time desig- /'r / nated. Each file is available for review Sworn to before me this during regular business hours (8.4 day of 19 ~7 _ p.m.), and wrinen comments may be submitted before that hearing is can- eluded. If you have questions, please do MARY DIANA FOSTER not hesitate to call 765-1809. Dated: June 25, 1997. NOTARY PUBLIC. STATE OF NE'.H YORK J BY ORDER OF THE SOUTHOLD NO. 02-?655242, SUFFOLI( COUNTY TOWN BOARD OF APPEALS COMMISSION EXPIRES AUGUST 31, GERARD P. GOEHRINGER Cher rman By Linda YCowalski 1050-1TJY3 - h 4 ~ ~ NOTICE OF HEARING. 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: i ` DATE OF PUBLIC HEARING: 19 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_mm. BOARD OF APPEALS TOWN OF SOUTHOLD • (516) 765-1809 ,r i • NOTICE OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JULY 24, 1997 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, JULY 24, 1997 at the times noted below (or as soon thereafter as possible) : 6:45 p.m. Appl. No. 4469 - RAYMOND FEDYNAK. Carryover hearing from June 19, 1997 for continuation. (1) Request for waiver under 100-26, and (2) alternative relief for area variances. Property location: Fay Court, Mattituck; 1000-123-5-15. 7:00 p.m. Appl. No. 4496 - JEAN N. CALHOUN. This is an application based upon the Building Inspector's May 13, 1997 Action of Disapproval which states that under Article XXIII, Section 100-239.4A(1)(2) proposed inground swimmingpool with deck must be beyond 100 feet from a bluff i j or bank and also beyond the 100 ft. average high water mark of Fishers \ \ Island Sound. Location of Property: Private Road off East End Road, \ Fishers Island, NY; County Parcel No. 1000-3-2-7, containing 2.74+- acres in total area. Zone: R-120. 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. The above hearings will not start before the time designated. Each file is available for review during regular business Page 2 of 2 - Legal ~otice Southold Town Board of Appeals Regular Meeting of July 24, 1997 hours (8-4 p.m.), and written comments may be submitted before that hearing is concluded. If you have questions, please do not hesitate to call 765-1809. Dated: June 25, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x APPEALS BOARD MEMBERS SUFrJ~,i Southold Toun Hall Gerard P Goehringer. Chairman 53095 Main Road Sere Doven o 1 P.O. Box 1179 James Dinizio. Jr. nom, Southold. New York 1 1971 y Fax(516) 765-1333 Lydia A. Tonora Telephone (516) 765-1'309 Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD June 23, 1997 Re: New Application Dear . Attached for mailing by you, certified mail, return receipt (green signature cards), is a copy of the Legal Notice regarding your application and hearing. The Legal Notice confirms a brief description of your request, the hearing date, time and place. At least ten (10) days prior to the hearing, please send a copy, certified mail-return receipt requested, of this Legal Notice to all surrounding property owners and owners across any street or right-of-way. A cover letter with your name and telephone number should be included, together with a copy of the map outlining your new construction, before mailing. Also enclosed is a sign to be posted on your property within 10 feet from the front property line and for a period of seven (7) days, or longer at your choice. The sign must face the traveled road or town street. After the above has been done, please sign the enclosed Affidavit of Posting and Mailing before a notary public and return it to our office (not later than the hearing time), and attach the following: a) postmarked mail receipts (which show the neighbors names, addresses and post office location when mailed); b) return green signature cards once they have been received (you may return these later if you do not receive them all by the hearing date). If you have any questions, please feel free to call us. Very truly yours, Linda Kowalski MaryAnn Cybulski Enclosures Lucia Farrell lnag.97/letter BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of AFFIDAVIT OF MAILING AND POSTING (Name of Applicants) ------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, , residing at New York, being duly sworn, depose and say that: 1) On the day of 199 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 name below certified mail, return receipt requested attach post office receipts here): Name of Surrounding Property Owner Mailing Address and, 2) On the day of July, 1997, I personally posted the subject property identified as District 1000, Section , Block , Lot 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 subject hearing date, which is July 24, 1997. Sworn to before me this (signature) day of July, 1997. Notary Public **Please return to the office of the Board of Appeals when completed. (Town Hall hours are 8 - 4 p.m.) Thank you. ~~gpFFOl~.c JUDITH T. TERRY =~Q OGyA Town Hall, 53095 Main Road TOWN CLERK y P.O. Box 1179 x Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O Fax (516) 765-1823 MARRIAGE OFFICER 'f.Ij~l ~aQt' Telephone (516) 765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: June-2; 1997 RE: Zoning Appeal No. 4496 - Jean N. Calhoun Transmitted herewith is Zoning Appeal No. 4496 of JEAN N. CALHOUN for a variance. Also included is: letter of transmittal from Richard Lark, dated June 16, 1997; Notice of Disapproval, dated May 13, 1997 with application; Short Environmental Assessment Form; ZBA Questionnaire; site plan of proposed pool; NYSDEC permit; and Board of Trustees' waiver of swimming pool. ~ r LARK & FOLTH ATTORNEYS AT LAW MAIN ROAD - P. O. 13OX 873 CUTCHOOUF., NY 11836-0873 (516) 734-6807 RICHARD F. LARK MARY LOU FOLTR June 16, 1997 Southold Town Board of Appeals Southold Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 RE: Jean N. Calhoun (SCTM #1000-003.00-02.00-007.000) Gentlemen: In connection with the above-captioned matter, I am enclosing the following: 1. Copy of Notice of Disapproval from Building Inspector dated May 13, 1997 together with copies of the Application for Building Permit and map. 2. Application of Jean N. Calhoun sworn to on June 16, 1997. 3. Short Environmental Assessment Form. 4. Z.B.A. Questionnaire. 5. One print of the "Site Plan Proposed Pool" Prepared for Jean N. Calhoun of Chandler, Palmer & King amended 3/17/97. 6. My Check No. 2229 payable to Southold Town Clerk in the amount of $400.00. Southold Town Board of Appeals -2- June 16, 1997 I will forward you the Affidavit of Mailing to Surrounding Property Owners and the seven prints of the map as soon as I receive them. If all is in order, kindly place this matter on the next available Board of Appeals agenda and notify me of the date and time. If you have any questions, do not hesitate to call. Very trul-y,7yours, RTxbhard F. L RFL/bd Enclosures I IIEASOH I-OR APPEAL Cunlii used 1. STRICT APPLICA"1101A OF -111L 010AHAFICE would produce procllcol dlfflcu111e5 or unneces- snlyliARpSI11P becra.lse your Petitioner, due to the present location of her residence, has no other practical location to construct a 15' x 35' lap swimming pool and enjoy its benefits other than the proposed rear yard location. At the time of the construction of the residence it was required to move it to its present location because of the prehistoric archeological site discovered on the property. The pool area on the northerly portion or the property will have a small wall of natural looking fieldstone creating a terrace area for this lap pool. The area surrounding the pool itself will have a surface of natural flagstone. The result will be this pool and terrace area will. be an extension of the rear yard outdoor living space of the house overlooking Fishers Island Sound, all as shown on Exhibit 2. (('.ONTINUED ON ATTACHED RIDER) J. Il,e hu,dship creuled Is 011111UE and k nol shw c,l by ull p,ope111e4 ullke In the Inunedlule vlclnily of 111Is PfOpefly and In Il,is use flslricl beCULICC it is submitted due to the fact there is a prehistoric archeological site found on other portions of the property which created the problem of constructing the house in this particular location. 3 the Voilunce would ulaelve the splrll of Ilse Oidhmilcc and WOU4I-) NOT CIIAIAGE IIIE CI IARAC7LR Of -IM I11S I RICT hecuusr, this particular area is residential and the installation of this lap swimming pool is an accessory residential. use and would be a compliment and not adversely affect this neighborhood. I SIAfI: (ll= IJIiW YORK lY>Ufl 1 1' 01 SUFFOLK 1 51.1nulure Jean'. Calhoun Swon, to Ihis .......1........... Juy oL.__...,June 1997 Nulary f'ubhc BARBARA DIACNIJN N*q pubk, SWe ol Now Yolk No. 90, COWAS" EpIroOa31,1 The N.Y.S. Environmental Quality Review Act reauires submission of this form, and an environmental review will be adue Ly this ooarc before any action is taken. SHORT_ ENVInONMENTAL ASSESSMENT FO(LN INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and ccmpleted Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? Yes X NO 2. Will there be a major change to any unique or unusual land form on the site? _Yes X No 3. Will project alter or have a large effect on an existing body of water? _Yes X No 4. Will project have a potentially large impact on groundwater quality? _Yes _2_No 5. Will project significantly effect drainage flow on adjacent sites? - Yes X No 6. Will project affect anv threatened or endangered plant or animal species? _Yes X No 7. Will project result in a major adverse effect on air quality? Yes X No S. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? _Yes XNO 9. Will project adversely impact any site or struct- ure of historic, ore-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? _Yes X No 10. Will project have a major effect on existing or future recreational opportunities? _Yes X No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes X No 12. Will project regularly cause objectionable odors, - noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes X No 13. Will project have anv impact on public health or safety? _Yes X No 14. Will project affect the existing community by directly causing a growth in permanent popula- ticn of more than 5 percent over a one-year _Yes X No period or :nave a major negative effect on the character of the community or neighborhood? 15. Is there public controversy conc wing the project? - - J Yes X No Preparer's Signature: "~-~~~/Lv L Jean N. Calhoun ZB`';~ Hate: 6/16/97 ZBA 4/•75 gUESTICrn`rAIRE FCR F1=TG WITH YOUR Z.B.A. APPhICATICN A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Jean N. Calhoun B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? ( } Yes ( X } No. (Sf Yes, please att ch cnpy of "concif-J, s" of sale.) C. Are there any proposals to change = alter lzmd ceatcurs? ( } Yes {X } No 0. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? No 3. Is the property bulkheaced between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Yes E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Yes (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fence which exist and are not shown on the survey map that you are submitting? None If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit.a copy of your building permit and man as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds. 1. Please list present use or operations conducted at this parcel one-family dwelling and prio sed use one-family dwelling 6116197 A6ttaorz.rec Signature ane Dare Jean N. Calhoun - § 97-13 WETLANDS § 97-13 TOWN - The Town of Southold. TRUSTEES - The Board of Trustees of the Town of Southold. (Added 6-5-84 by L.L. No. 6.19841 wcT:--iVDS (Amended 8-26-76 by L.L. No. 2.1976; 3-26- 85 by L L Flo. 6-1985k A. 11DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters. which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows. flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following. salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundseL marshmallow and low march rardgr sa,and= (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 21. Ti- tle 1. § 21-0107. Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York: and All land immediately adjacent to a "freshwater wet. land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land. %vard edge of a "freshwater wetland." - 4705 APPEALS BOARD MEMBERS 0 gpFF0J/( C~ Southold Town Hall Gerard P. Goehringer, Chairman Gym 53095 Main Road Serge Doyen o P.O. Box 1179 James Dinizio, Jr. W Southold, New York 11971 Rdd~lAl~(>ALl ° • Fax(516)765-1823 Lydia A. Tortora '~O~ Telephone (516) 765- 1809 Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD July 24, 1997 S.E. Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4496 Project/Applicants: Jean N. Calhoun County Tax Map No. 1000-3-2-7 Location of Project: Private Road off East End Road, Fishers Island, NY Belief Requested/Jurisdiction Before This Board in th_s Project: Proposed inground swimmingpool with deck must be beyond 100 feet from a bluff or bank and also beyond the 100 feet of average high water mark of Fishers Island Sound This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Qlal'-ty Review Act of the Environmental Conservation Law and Local Law 414-4 cf the Towr. of Southold. An Environmental assessment (Shur') 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, 19901.. 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 SEQFA 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 (3_'o) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Conies to applicant or his agent and individual board memners. Copy -laced is ZBA project __le fcr record purposes. New York State Department of Environmental Conservation _ Building 40 - SONY, Stony Brook, New York 11790-2356 Phone (5161444-0365 Fax # (516) 444-0373 _ John P. Cahill Acting Commissioner AMENDMENT TO PERMIT Mail To: Date: 3 IaS I -7 5CA,j cA(h,e.,J n Permit No. -Y736-o//130000/ ~OS 2ou~+t1( ;1 ( A d Permittee: ~eA - I31 ca (li. z Gt<¢¢a ,,cJ~, Ck blo&3 1 Location: S(Zi wn 1 000 -0(~3 .1 t . ~ I .a,!s s 1 c., cY Dear M Q.s - Your recent request to extend the above permit has been reviewed pursuant to 6NYCRR, Part 621. The expiration date is extended to • Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that the proposed modifications will not substfintially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is amended toauthorize: 0nnc,^"sT2oc;c,~-, A..)c(' i.(-~)s4- itA4~- c, ~/1A' i^54o- d~ J wlm N+.v~ AOUI, 1~-C.. N~,vC ItiAIC 1""~1d (j PCY (l ~ wLIt 1f"`` ba~i~+Jr~st T.~ acconcfn1' 0p("c ~UPIn~ CPI 0~4~ CS~i7~S7o This letter is an amendment to the original permit and, as such, shall be available at the job site whenever authorized work is in progress. All other terms and conditions remain as written in the original permit. Very truly yours, f• Deputy Regional Permit Administrator cc: _IL 1A. FROM BD REMODELING & RESTORATION PHONE NO. • Jun. 11 15'37 02:45P17 P3 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER EFFECTIVE DATE t-4738.01113/00001-0 6/19/95 r FACILITY/PROGRAM NUMBER(S) EXPIRATION DATE(S) PE I" 6/30/98 Under the! Envi tat Conservation Law TYPE OF PERMIT ¦ New 0 Renewal 0 Modification 0 Permit to construct ? Permit to Operate ? Article 1S, Title 5: Protection ? 6NYCRR 608: water Quality Cl Article 27, Title 7, 6NYCRR 360: of waters Certification Solid Waste Management ? Article 15, Title 15:. Water' 0 Article 17, Titles 7, 6: SPOES 0 Article 27, Title 9; 6NYCRR 373: Supply Hazardous waste Management ? Article 19: Air Pollutf on 0 Article 15, Title15: Water control ? Article 34:. Coastal Erosion Transport ? Article 23, Title 27: Mined Land Management ? Article 15, Title 15: Long Reclamation 0 Article 36: Floodplain Island wells management 0 Article 24: Freshwater Wetlands 0 Article 15, Title 27: Wild, ? Articles 1, 3, 17, 19, 27, 37; Scenic and Recreational Rivers ¦ Article 25: Tidal Wetlands 6NYCRR 380: Radiation Control ? other: PERMIT ISSUED TO TELEPHONE NUMBER Jean M. Calhoun 407-546.7082 ADDRESS OF PERMITTEE 205 Round Hill Rd. Qrsomieh CT 06831 CONTACT' PERSON FOR PERMITTED WORK TELEPHONE NUMBER Clam E. Just/J.N.O. Consulting 516.653-0607 PO Box 447, qq2jue' 11959-0447 NAME AND ADDRESS OF PROJECT/FACILITY Calhoun Property Unnamed Rd. Fishers Island, NY LOCATION OF PROJECT/FACILITY SCTM#1000-003-2-7 COUNTY TOWN WATERCOURSE MYTH COORDINATES Suffolk Southold Chocomount Cove.Long Island Sound CESMIPTICN Cr AJ RRua) PCT vny Erect a single family dwelling. Install septic system. Construct driveway. All work shall be in accordance with the attached NYSOEC approved plan dated 6/16/95. 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) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: ADDRESS Bldg. 40, sUNY, Room 219, Stony Brook, NY 11790.2356 George W. Hemmarth AUTHORIZED SIGNATURE PATE 6/19/95 Page 1 of 5 GFIJPAL (0\01TIGki 1' yM9!-•T'C CY1S r S n F gp;,,'~ .zC~! ~(1tl permitted site or facility, including relevant records, is subject to 1n- spectlon at reasonable hours and intervals by an authorized representative of #hek.E)epartrnerti O.f.,;;Erivirorrrental Conservation (the Department) to determine urtt~#j ttre kperml ttee is carp I y i ng vii th this permit and the B1. Such represen- t~a'trtey order the viork suspended pursuant to ECL 71-0301 and SopA 401(3). copy of this permit, including all referenced rraps, draivings and special conditions, trust be available for inspection by the )epartment at all tirres at the project site. Failure to produce a copy of the permit upon request by a Departrnt representative is a violation of this permit. Permit Changes and Fenem Is 2., The Department reserves the right to modify, suspend or revoke this permit when: a) the scope of the permitted activity ss exceeded or a violation of arty condition of the permit or provisions of the QC- and pertinent regula- tions is found; b) the permit vies obtained by misrepresentation or failure to disclose! relevant facts; c) new rreterial information is discovered. or d) envirormental conditions, relevant teehno wgy, or applicable law on regulation have materially changed since the permit vies issued. 3. The permittee crust submit a separate written application to the Lepartrrent for renewel, mDdificetion or transfer of this permit Such application rrust include any forms, fees or supplemental Information the Departmnt requires. Any renanal, rrodification or transfer granted by the DepartTentrrust be in writing. ) 4. The pemnittee mist sutmit a renenel application at ieast: a) 180 days before expiration of permits for State Pollutant Discharge! Elimination System (SMES), Hazardous Waste fvbnagetEnt Facilities, (KVUF), rrejor Air Pollution Control (AFC) and Solid V\bste lvhnagetentl Facilities (SM/F); and b) 30 days before expiration of all other permit types. 5. Lhless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination perviously issued by the Departmnt or arty of the tears, conditions or requiremEnts contained in such( order or determination. Other Legal CbIigat ions of Permittee 6. The permittee has accepted expressly, by the execution of the application, the full legal responsibility for all damages, direct or indirect, of whatever nature and by whatever suffered, arising out of the project described in this permit and has agreed to inde'mify and save harmless the State fran suits, actions, dameges and costs of every name and description resulting fran this project. 7. 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 inpa i anent of any r ights, title, or interest in real or personal property held or vested in a person not a party to the permit. P 8. The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-wsy that rrey be required for this project. Page 2 of _7~ag rll~`ai:eL..?1w- -;.f. rra.u +c lit. Jul.. If 1•~•y+' U-~:IJ1rrl ri • . lit z „ AD DI I ZONAL GENERAL CONDITIONS FOR ARTICLES '15 (Title .S), 24, 2S, 34 and 6 "NYCRR Part 608 ( T ~ w if That it fulors operations by the State of New fork require an if other cnvnoomenlapy dAisteriuus maferads asson•,tecl with th, terauon in the position of the structure or work herein authorized. or proleCt. A, it, tom opsnson of the Department of Lowonmental Conserv,i tio" 13. Any metenid dredged in the pros,:C Urines of the work herein permitted it shall cause unremoorsh a obstruction to the free navigatnn of said shall b, iemuved evenly without Ianving large- fetus, piles. ridges across wate,s or flood flows a enJanger the health. setaty no sveltarv. of the bed or a wu urwdy nr flnodplain us deep holes that may have a tendency to cause dam Age to navigable. channals or to the honks of the people of the Sine. or caws Inns nr destruction of tlidnatutal resuurces of the State, the owner may he otdired by the Uepartmenl to a ..sterv-1v remove or alter the structural work, obstructions, or he<;uds doused 14 There shall Ace nu umvasunahlu rntedcrence wrth nawgannn by ire work thereby without expense to the State. and it. upon the expiration or hear sal be n ecf revocation of this permit. the sl oCture, fill, excavatiOO, or Other modification of the watercourse hereby authorized shall not be cum 15 If upon the expiration or revocation of this permit, the project hereby plated, the owners, shall, without expense to the State, and to such authorized hasout bees, completed. theapplic.ant shall, withoutexpense and in s extent and in such time and manner as the Department of Lowonmcnlal to the State of and to 5nmental Conservation halm a and manner shame all or Conservation may require, remove all or any portion of the uncompleted ore structure or fill and restore to its former condition the navigable aryls rtio Of the uncompleted stud re madel aga restore Ste sloe former condition ClAirn and flood capacity of the watercourse No Llafm shall bemadrakainsl the State of New York on account of any such removal or aliecahun New York on account of any such removal or alteration. 10 That the Slate of New York shall in no case he liable for any damage li, if granted order 6 NYCRR Part 1108, the NYS Department of Environ. or injury jostle structure or work Retain aulhnruedwhich may be cawecl mental Conservation hereby certifies that the subject project will not by or result from future operations undertaken by the Stare for the contravene effluent limitations or other limitations or standards under conservation or improvement of navigation, or for Other purposes, and Sections 301 3021 303, 106 and 307 of the kaean Water Act of 1777 nu claim or right to co,npensabnn shall Accrue from tiny such damage IPL 96.2171 pinvtded that all of the conditions listed herein are met II Granting of this permit does not rehr:ve the tipplicenl of Jo: respw+si 17 All activuless authorized his this perrml must be in strict conformance bihty of obtaining any other permission, consent or approval from with the approved plans submitted by the apphcanr or his agent as pact the US. Ashy Corps of Fng l nee is, US. (.cast Cuard, New lurk )tale of the petnlit opphca UrSn. Office of General Services or local government which may be. regwred $ULIr approved plans were prepared by Rid)and-Hrstrall e t. All necessary precautions shall he taken to preclude inndanNna[IOn of arty wetland or waterway by suspended solids, sedunents, fuels '5tJEJJ9-r)L--'_ sir lvet", lubricants, epoxy coatings, paints, Concrete. leachate of any T---^--- SPECIAL CONDITIONS 1. During construction, concrete or leachate shall not escape or be discharged, nor shall washings from transit mix trucks, mixers, or other devices enter tidal wetlands and or protected buffer areas. i f 2. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands and or protected buffer areas. 3. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activity. 4. The storage of construction equipment and materials shall be confined to within the project work site and or upland areas greater than 75 linear feet from the tidal wetland boundary. i 5. To protect the values of the tidal wetlands, a permanent vegetated buffer zone shall be established. There shall be no disturbance to the natural vegetation or topography within an area extending 50 linear feet landward of the tidal wetland boundary. I I 111{ PERbIIT NUWQ A 1-4738-01113/00001-0 1'ROCRAMjTAC, TY. NUMBFR laa$@ 3 of 5 FRIN`t SD REMODELING & RESTLkHT I UIJ PHUIE HU. Jura. 11 1557 03:bdFP1 FG NEW YORK•STA71 DEPARTMf NT OF ENVIRONMENTAL CONSERVATION 95-40-61 ITMA .is< SPECIAL CONDITIONS For Article 9R 'Vidal Wetl nds I 6. A row of staked hay bales or approvable erosion control devices shall be placed at the landward edge of the buffer area or 50 linear feet from the tidal wetland boundary, or as per NYSDEC approved plan, at commencement of regulated activiplace ties until with vegetation~pleted and all disturbed areas 7. Roof runoff shall be directed to drywells a minimum of 75 feet landward of the tidal wetland boundary for immediate on-sits recharge. 8. Driveways and parking areas shall be constructed of pervious material. direct runoff aaway an/or parking areas shall be graded to 9. Roaft, areas. be seasonal leaching high grpools) shall oundwater. of t 21 above tanX and 10. Sanitary d a sminimum(bottom locate supplementary Special Conditions A Thru F Attached. DEC PERMIT NUMBER FACILITY 10 NUMBER I VROCRAM NUMBER Page 4 Of 5 1 P;~ it I UL, LLI IUULL It U_i 1,L-, I UF.i ~ I l i u i I 1111111 Jill. It 1'J'7 , U_'. U_f-h SIIPP • ENTARY SPECIAL CONDITION The following conditions apply to all Tidal Wetlands; Freshwater Wetlands; Coastal Erosion Management; and Wild, Scenic, and Recreational Rivers Permits: A. A copy of this permit,. including all conditions and approved plans, shall be available at the project site whenever authorized work is in progress. The permit sign enclosed with the permit shall be protected from the weather and posted in a conspicuous location at the work site until all authorized work has been completed. B. The permittee shall require that any contractor, project engineer, or other person responsible for the overall supervision of this project reads, understands, and complies with this permit and all its general, special, and supplementary special conditions. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the - Environmental Conservation Law. If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address on page one or telephone (516) 444-0365. C. If project design modifications become necessary after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require submission of a new application for permit. D. 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 the permitted work, the bottom portion of that form shall also be signed and returned, along with photographs of the completed work and, if required, a survey. E. For projects involving activities to be undertaken in phases over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to recommencing work in subsequent years. F. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242 (516) 474-2195, which may be required for any encroachment upon State-owned lands underwater. DEC Permit No. 1-4738-01113/00001-0 Page 5 of 5 FROM JmO CONSULTING . PHONE NO. : 653 9607 • May. 03 1997 11:58AN PEP F]?~2 ~~uFFOC~r Albert J. Krupskl, Prosidenl Town Hall John Holzapfd, vice president 53095 Main Road Jim Ki,zg o9 _ FA. Box 10 1179 Martin H. Darrell Soutbold. New York 11971 Peter WenczelO( Telephone (516) 765.1892 Fax (516) 765-1823 HOARD OF' TOWN TRUSTEES TOWN On SOUTHOLD APRIT, 30, 1997 J.M.O. Consulting 121 Jessup Ave 2nd Floor Box 447 01409Ue, NY 11959-0447 RE: Jean N. Calhoun SCTM# 3-2-7 Dear Mr. Just: The following action was taken by the Southold Town Trustees on Wednesday April 30,1997, at their regular meeting. RESOLVED that, the Southold Town Trustees grants a waiver to construct a swimming pool, pool backwash, decking, retaining wall, and fencing. All work is greater than 75' from M.H.W. As per plans dated 3-25-97. This approval does not constitute approvals from any other agency. If you have any questions, please feel free to contact our office at '765-1892. SINCE LC ALBERT J. KRUPSXI JR. PRESIDENT, 130ARD OF TRUSTEES AJK/djh EXHIBIT DARK & FOUTS ATTORNEYS AT LAW MAIN ROAD - P. O. BOX 873 CUTCHOGUE. NY 11936-0973 . (516) 734-6807 RICHARD F. LARK MARY LOU FOLTS June 17, 1997 Mrs. Linda Kowalski Southold Town Board of Appeals Southold Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 RE: Jean N. Calhoun (SCTM #1000-003.00-02.00-007.000) Dear Mrs. Kowalski: In connection with the above-captioned matter, I am enclosing seven prints of the "Site Plan Proposed Pool" Prepared for Jean N. Calhoun of Chandler, Palmer & King amended 3/25/97. Very x y yours, ICichard F. L rk RFL/bd Enclosures Gp~~ w GDS p~N'C siTE , i s• C 14! lY• NSTALL Y MAINTAIN A MAINTAIN IIO I.f. Y{ SILT FENCE BACKED WI' E BACKED WITH HAYSALES. IT-0 / p \ TO REMAIN DURING N DURING o-, LL CCNSTRUCTKIN.\ TRUCTION. • I V 2 1 o a Alp © I P \ n-e • _ / e\c+~~~sa131619~ ~ ~ ~ ~ ~ ,p~ S pm~°°~~iF~' Ste, u/ m N \ xAo( \e° 90 uwlm \ - - Jt0 (JO f ,('gyp fi.IL'. ~GUbmo~1LZ •T -notlez bSZ "F~~A J M,IDDLC ~O;JO Q C:70 UAI~-I'b I If FARMS POND e.e 09 n +w d~ c see m\° ° dF'` or / i LOCATION MAI- e. A. a '~rcYkJEy/j 5Z uJ/v~sreisi3noU prn- s-1' eo 400 200 0 400 immiml@ GRAPHIC SCALE IN FEET '^V I ~w/vi~reiernW O `75 l ~J J `-12 Li ~~r Pr, Io • 9 O ~ 6 PAgK~NG/ r \ AgfA it iD Ca. ~ \ NOTE=5: 1. 51TE 15 LOCATED IN THE TOWN OF 5OUTHOLD, COUNTY OF SUFFOLK, TAX MAP 1000, SECTION 003, BLOCK 2, LOT 7. ,9 3, 2. 51TE 15 LOCATED IN ZONE DISTRICT "R-120". ey 3. OWNER JEAN N. CALHOUN 2~0p5G~ ROUND HILL ROAD GREENWICH, CONNECTICUT 06831 4. 51TE 15 5ERVICED 5Y MUNICIPAL WATER AND ON 51TE SEWAGE 015P05AL IN COMPLIANCE WITH THE STANDARD5 AND REOUIREMENT5 OF THE 5UFPOLK COUNTY HEALTH DEPT. I J 3g9. 09~ 5. BASE FOR LEVELS N.(S.V,D. 1929. 34~2g~4o w 6. COORDINATE D15TANGES ARE MEASURED FROM U.S. COAST AND SEOV5ETIC SURVEY TRIANGULATION STATION " GHOGOMOUNT 2" 5. '13.10 k1. 328 L~ TOTAL AREA: 2.14 ACRES 8. PERCENT OF LOT COVERAGE: 2% MOL1uM~I~T OF NCwY 7Ip'}S UN>;F~ 11111111111 LEGEND EXISTING CONTOUR ING CONTOURS 'R)~6 9~ „F LIGV~ I~z-9 I' PROPOSED CONTOUR I 13.4 EXISTING SPOT GR 'ED CONTOURS ING SPOT GRADE 1991- 7 III s~°~ ~n(O SITE PLAN I FILTER (2)-2%2YAW ST&M FILTER WRIC MIA fl~lE FIHflIC FINAL LOCATIONS POST PREPARED FOR CONPFILTED SACRFlLL MR wmlu ANDPE SILT FENCE BACKED I SELF CLEANING BY f1AYBALE BARRIER JEAN N. CALHOUN I NOT TO SGLE 30 15 0 30 30 SLOCK ICI, LOT 8 wommommilma GRAPHIC SCALE IN FEET ALE IN FEET FISHERS ISLAND, NEW YORK REVISIONS ;IONS MW% CHANDLER, PALMER 16 KING DATE DESCRIPTION )ESCRIPTION:= 3/17/9i' PROPOSED POOL POSED POOL Architecture, E~.n~IBineerln8 Malnd- MS~uWMrveyN~Vg I~~~~ uo . AV NMWIM n oow f..~. s7 FT eos. 7001 SITE PLAN PROPOSED POOL MouuMe T DATEa MAY 29, 1996 1996 SCALE: 1' = 30' I' SHEET 1 OF 1 1 G04 ~ i GONG JN'C 517r= 0 ~6r\ ~N. ~O IH lH / G I/ ,,,o iFII lH i a? H NSTALL B MAINTAIN 110 G~,\ SILT FENCE BACKED WITH MAINTAIN IIO 1.1. BACKED WITH HAYBALES. • lY0 \ TO REMAIN DURING DURING 31 ALL CONSI'RUCTION.\ UCTION. ,g • I Ail. M tl-t Lp{ °t / 9, cir ti, < 1 ~ ~~JJM II1~2 • \ 'b` e, vilc ,~p,I~~F v yl °tn 3 l~oe'~'t S 60 J PN . N ~G~ I6 S 7 WYLM \ > 'get 9 0 °tt 9•,,pP% ° ~o \ o Ny o o ~ le" ~ v ~ N 1„11 DDLC P~,RM9 POND 046 ° 1 / ~ ~ tai°' , ~~t1~ py' ~,e+~ LOCATION MAP 400 floc o 400 ~ 1 5•~•cc0{, j 1 ~j~ ~y ~ a R~r a--vz.~'wE imm~ QtJ Oc IQ(/' U ~~FYfe18iJTlol ia~r rziaunou mar- ems' GRAPHIC SCALE IN FEET 12 GJ~ 1 IG r:; 1Q V , TES , c~ 10 ~ o J o ~ q I E c~ ~ do m ~n ~,pn~ 1 P 1 11 ~ ~ 6 PARk~NG / \ Agf4 111 t3 ~ ~ c / NOTES: 1. 51TE 15 LOCATED IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, TAX MAP 1000, SECTION 003, 5LOCK 2, LOT T. ~og~ N 2. SITE 15 LOCATED IN ZONE 015TRIC7 5. OWNER: JEAN N. CALHOUN 205 ROUND HILL ROAD @y \ GREENWICH, CONNECTICUT 06851 4. SITE 15 SERVICED 5Y MUNICIPAL KATER AND ON SITE 5EWA6E DISPOSAL IN COMPLIANCE WITH THE STANDARDS AND REGUIREMENT5 OF THE SUFFOLK COUNTY HEALTH DEPT. ZVI 5. BASE FOR LEVELS: N.6.V,D. 1929. :4 94~o kJJ b. COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND 6EOD5ETIC SURVEY TRIAN6ULATION STATION " GHOGOMOUNT 2". -VI, 5. '13.10 k1, 3~Z6 L~ TOTAL AREA: 2.74 AGRE5 8. PERCENT OF LOT GOVERA&E: 2% I.^oL1Ll~{EI-1T yLY-1{ f•-Ir.ZK r~L/ LEGEND -rte cv VcojUHGl+ - - EXISTING CONTOURS r%V to 5P) PROPOSED CONTOURS i CONTOURS D CONTOURS rJGVb p2°i 13.4 EXISTING SPOT GRAI i SPOT GRADE D II I I P~~OF NEI,yY SITE PLAN FILLER EACH 4'X3' SIANES FlLTFA O FASRIC EACH BALE FABflIC h~ ~pPO H. Sr9o 9'F YOy FINAL LOCATIONS POSE O - N ?ONE PREPARED FOR 1 m A 1 COMPACTED L MOLE 1 i FOR S WI LIP SLOPE UX O CFQ NO ,t; (,O 1 FOR TABNI AND I T F ,~4 . CALHOUN JEAN N.~~~~. SELF cLEwwc END BY I{ NOT TO TO SBARRIER I NOT scut 30 5 0 30 30 BLOCK Iq, LOT 8 G APHIC SCALE IN FEET IN FEET FISHERS ISLAND, NEW YORK F REVISIONS INS ~ DATE: 'I DESCRIPTION SCRo IPTION ~ e = n 3/17/9 PROPOSED POOL )S ~ 11C0 MIMVAY HANDLER, PALMER IL KING E POOL MW V Nr ohlMWAY e, Engineering MM >?Dp}p 11p9-gyp) FIVI M7 FM NpRVItl{ LT T Kapp !0}pp!-)p0] 5/25/91 1 ADDITIONS )NS SITE PLAN PROPOSED POOL MouuMHlT DATE: AY 28, 1996 996 SCAL 1' = 30' SHEE 1 OF 1 i