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APPEALS BOARD MEMBERS ~o~OSOFFO(~ co
Gy Southold Town Hall
Gerard P. Goehringer, Chairman c 53095 Main Road
Serge Doyen, Jr. Go x P.O. Box 1179
James Dinizio, Jr. O .F Southold, New York 11971
Robert A. Villa y?J O` Fax (516) 765-1823
Lydia A. Tortora OI * ~a Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
ACTION OF THE BOARD OF APPEALS
Appl. No. 4333.
Upon Application of FRANK PALUMBO, as Contract Vendee.
(Owner: Genevieve Staley) - Variance based upon the August 16, 1995
Notice of Disapproval from the Building Inspector, Article XXIII,
Section 100-239.4A(1) for permission to construct a new dwelling within
100 feet of the top of the bluff or bank of the Long Island Sound.
Location of Property: 3200 Sound Drive, Greenport, NY; Parcel No.
1000-33-1-7; Eastern Shores Lot 108, Section #4.
WHEREAS, a public hearing was held on September 13, 1995, at
which time all persons who desired to be heard were heard and their
testimony recorded; and
WHEREAS, the Board has carefully considered all testimony and
documentation submitted concerning this application;
WHEREAS, Board Members have personally viewed and are familiar
with the premises in question, its present zoning, and the surrounding
areas; and
WHEREAS, the Board made the following findings of fact:
1. BASIS OF DISAPPROVAL. This is an application based upon
the following Notice of Disapproval from the Building Inspector to
construct a new dwelling, which Notice dated August 16, 1995 reads:
Disapproved on the following grounds:
Under Article XXIII, Section 100-239.4A(1) proposed
construction is less than 100 ft. from top of the bluff or
bank. Action required by the Zoning Board of Appeals.
Action also required by the Suffolk County Dept. of
Health...."
2. CODE REQUIREMENTS. Article XXIII, Section 100-239.4A(1)
reads :
"...Lots adjacent to Long Island Sound, Fishers Island Sound
and Block Island Sound. (1) All buildings located on lots
adjacent to sounds or upon which there exists a bluff or
bank landward of the shore or beach shall be set back not
Page 2. - Appl. No. 4333
Matter of FRANK PALUMBO
Decision Rendered September 13, 1995
fewer than one hundred (100) feet from the top of such bluff
or bank...."
3. PROPERTY DATA. The premises in question is presently
owned by Genevieve Staley who acquired the properly in 1986. The
property has always been vacant land, and is shown on the Map of
Eastern Shores Section IV as Subdivision lot 108. The width of this
parcel is 100 feet along Sound Drive and depth 294.35 feet along the
westerly property line. The total lot area, including the area below
the bluff down to towards the highwater mark, is 29,116 sq. ft. as
shown on the survey surveyed August 13, 1995 by Roderick VanTuyl,
P. C. The survey map shows that the area south of the bluff line has
variable contours, between 38 feet closest to the road to 46 feet above
mean sea level moving towards the bluff lines.
4. PROPOSAL. This application is a request to locate a new
dwelling with a setback of 55 feet at its closest corner from the top
of the bluff (bank) shown on the August 13, 1995 survey. The
location of the proposed dwelling is shown closer to the bluff than it
is to the road (front yard) which is 67 feet at its closest point.
5. OPINION. An engineering report has been submitted by J.
Fischetti, P.E. based upon his inspection of the vacant land on August
24, 1995. It is the engineer's opinion that the construction of this
home at the location shown with an excavation limit of 50 feet would
have no detrimental effect on the existing bank by allowing for
rainfall runoff to run in a southerly direction from the bank.
6. PURCHASER'S AGREEMENT. At the hearing held on
September 13, 1995, Mr. Palumbo agreed to restrict the area north of
the house to remain open without buildings or swimmingpool structure.
It was also agreed that grading for new landscaped areas must be done
to keep surface water runoff directed toward the south, and that there
would be no excavation within 50 feet of the present bluff line shown
on the survey map.
7. OTHER TOWN AGENCY JURISDICTION/REVIEW. Submitted for
the record is a copy of the written authorization issued by the N.Y.S.
Department of Environmental Conservation dated August 30, 1995 ref.
1-4738-01175/00001-0 with precautions noted therein. The variance, as
alternatively granted, is subject to the same precautions with the
alternative setback, noted in this determination. The Board of
Southold Town Trustees by its letter of August 25, 1995 has determined
the project is not within their jurisdiction.
8. EFFECTS OF RELIEF REQUESTED. It is the position of this
Board that in considering the relief requested that:
Page 3 , - Appl. No. 4333
Matter of FRANK PALUMBO
Decision Rendered September 13, 1995
(a) the location of the new dwelling, as proposed with an
attached garage, may be repositioned to an area closer to the south
away from the bluff while maintaining the established character of
other dwellings built near the bluff;
(b) an alternative location further away from the bluff will
not be an alteration of the essential character of the neighborhood due
to the nature of the layout and characteristics of this site, and the
setback will be generally similar to those existing in the area;
(c) the benefit sought to be achieved by the appellants
cannot be achieved by a method other than a variance under the zoning
regulations;
(d) the grant of alternative relief claimed will not have an
adverse effect or impact on the physical or environmental conditions in
the neighborhood since the applicants have agreed to restrict the area
50 feet between the house and the bluff from any excavation or adverse
activities which would affect the land area and stability of the bluff;
(e) the relief requested is not substantial when compared to
those established in the area;
(f) the relief requested is not self created;
(g) as part of the "balancing concept," the Board finds and
determines that the character of the neighborhood will continue to be
preserve, and the health, safety and welfare of the community will not
be adversely affected.
NOW, THEREFORE, on motion by Chairman Goehringer, seconded
by Member Dinizio, it was
RESOLVED, to DENY the relief requested for a variance at 55 feet
from the top of the bluff, and TO ALTERNATIVELY GRANT relief for
at setback at not less than 60 feet from the top of the bluff, SUBJECT
TO THE FOLLOWING CONDITIONS:
1. That there be no land disturbance (such as excavation) north
of the house for swimmingpools or any other construction;
2. That the setback of the proposed dwelling be no closer than
60 feet to the top of the bluff;
3. That hay bale berms (and/or railroad ties) be temporarily
placed while construction activities are pending as a necessary
preventive measure to prevent sedimentation or other alteration-
Page 4, - Appl. No. 4333
Matter of FRANK PALUMBO
Decision Rendered September 13, 1995
disturbance to the ground surface or vegetation within the area north
of the proposed dwelling; and
4. That no swimmingpool structure or similar construction, or
buildings, shall be placed within 60 feet of the top of the bluff line,
as agreed by applicant during the public hearing.
Vote of the Board: Ayes: Messrs. Dinizio, Doyen, Tortora, and
Goehringer. Opposed: Member Villa - who finds that a 72 ft. setback
and 50 ft. front yard is a better alternative. This resolution was
duly adopted (4-1).
s s s
GER.ARD P. GOEHRINGER, CHAIRMAN
-RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE io~z/9r HOUR//z"')
Town Clerk, Town of Southold
I
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTIiOLD, N.Y.
NOTICE OF DISAPPROVAL
Date ..0 A6 19 5. .
Ton. JJ„
PLEASE TAKE NOTICE that your application dated ~ rzs 19
for permit to :....7......... at
Location of Property... , . ~ O!
House No. Street ~amlet
County Tax Map No. 1000 Section Block ......f....... Lot ...7
Subdivision Filed Map No. Lot No. .
is returned herewith and disapproved on the following
grounds. J zf..
...Y~
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• . • • . . . . . . • . . . . . . . • . . . . . . . • . . . . . . . . . . • . . • . . . . . . . . . . . . . . . . . . . . . . . . .
wild' Inspector
RV 1/SO
16 A. M-
TOWN OF SOUTHOLD, NEW Yokwthold Town Clerk
3 33
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE ...,August 1995
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
I, (We) Frank N. Palumbo of 2555 Youngs Avenue,_Unit 17-A
Nome of Appellant Street and Number
Southold NX........... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR ( RkAtXEt Notice of rova3ATED AugV. t„16,, 1995
WHEREBY THE BUILDING INSPECTOR DENIED TO
Frank N. Palumbo
.
Nome of Aoplicant for permit
of
2555 Youngs Aven..... it 17, Southold, New 'York
Street and Number Municipality State
I ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(X) PERMIT to construct a single family dwelling
1. LOCATION OF THE PROPERTY ...0.0, Sound Drive, Southold
.......................et .........U...se .....Dis...trictct
Street /Haml R-40
-on -Zoning ......Map
ap
District 1000 Secti0n33 Blockl Lot 7
- Current Current Owner Genevieve Staley
Map Na. 4585 'Lot No'4
Prior Owner Claude W. Staley
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article XX1II Section 100-239.4 A.(1)
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
( ) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap, 62 Cons. Lows
Art. 16 Sec. 280A Subsection 3
(X) Area Variance
4. PREVIOUS APPEAL A previous appeal khazA (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
{ ) request for a variance
and was made in Appeal No . -Dated
REASON FOR APPEAL
{ ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
is requested for the reason that the applicant would be unable to build a house as setforth
on the attached surveys.
"n xn, wFbrin._o9?" (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sory HARDSHIP because
SEE ATTACHED RIDER
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because for the most part all the other
adjoining properties have been'built upon and said buildings hae been located
approximately the same distance from the bluff,.or.less, as.the_sybject property.
That the premises to the east was granted a similar variance for the location of a
dwelling on May 11, 1987, Appeal No. 3621, The applicant is asking the same relief,
i.e., to be able to build_.55 feetfrom the bluff.
3. The Variance would observe the spirit of the O dinonce and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the house location, as requested,
observes the spirit of the Ordinance and anything else would make it out of
character with the character of the district.
STATE OF NEW YORK )
ss t.......
COUNTY OF SUFFOLK )
Signature
Sworn to this ....................,,,,14th day of.........,..,, August 95
.
19
Notary Public
RUDOL PH H. 3RUER ^
Moms i Pub4 c, 3'.-;= o New ytr°r.
Na. 62-0 455530, Suffci,.( County
Commission Expires March 30,'19 1
RIDER ATTACHED TO APPLICATION
1. The benefits to the applicant on the granting of the variance would be
substantial. The applicant would be able to have the house of his dreams, on the
property of his dreams, in the most appropriate place on the property. The area picked
is at the highest location on the property and is in conformity with the building line of
the neighboring properties east and west of the applicant's premises.
The placement of the house as shown would not be a detriment to the health,
safety and general welfare of the neighborhood or community if the variance is
granted.
No undesirable change will be produced in the character of the neighborhood
nor would any of the nearby properties suffer a detriment if the variance is granted. To
the contrary, a detriment would occur if the house was forced to be moved further from
the bank, closer to the road, as it would disrupt the continuity and the symmetry of the
neighborhood. The benefit sought by the applicant cannot be achieved by some other
method other than the area variance as requested. Granting anything less, i.e., will
require that the house be placed on the property which would make it out of sync and
harmony with the other houses in the neighborhood.
The variance will not have an adverse affect or impact on the physical or
environmental conditions in this neighborhood. This can be unequivocally stated in
that the examination of the surveys submitted will show that the bank has remained
constant from at least 1967/1968 to the present date. It is extremely unlikely that the
conditons would change in any way that would have unfavorable or undesirable impact
upon the bluff.
The relief requested is not self-created but was created by changes to the law
subsequent to the development and the creation of the property in question. As a
matter of fact, it is a perfect example of why variances should be granted. The
variance requested is the minimum relief that should be granted in that it most closely
would give continuity and stability to the area. The granting of the variance requested
would most likely best preserve and protect the character of the neighborhood, the
health, safety and welfare of the community.
RIDER ATTACHED TO APPLICATION
1. The benefits to the applicant on the granting of the variance would be
substantial. The applicant would be able to have the house of his dreams, on the
property of his dreams, in the most appropriate place on the property. The area picked
is at the highest location on the property and is in conformity with the building line of
the neighboring properties east and west of the applicant's premises.
The placement of the house as shown would not be a detriment to the health,
safety and general welfare of the neighborhood or community if the variance is
granted.
No undesirable change will be produced in the character of the neighborhood
nor would any of the nearby properties suffer a detriment if the variance is granted. To
the contrary, a detriment would occur if the house was forced to be moved further from
the bank, closer to the road, as it would disrupt the continuity and the symmetry of the
neighborhood. The benefit sought by the applicant cannot be achieved by some other
method other than the area variance as requested. Granting anything less, i.e., will
require that the house be placed on the property which would make it out of sync and
harmony with the other houses in the neighborhood.
The variance will not have an adverse affect or impact on the physical or
environmental conditions in this neighborhood. This can be unequivocally stated in
that the examination of the surveys submitted will show that the bank has remained
constant from at least 1967/1968 to the present date. It is extremely unlikely that the
conditons would change in any way that would have unfavorable or undesirable impact
upon the bluff.
The relief requested is not self-created but was created by changes to the law
subsequent to the development and the creation of the property in question. As a
matter of fact, it is a perfect example of why variances should be granted. The
variance requested is the minimum relief that should be granted in that it most closely
would give continuity and stability to the area. The granting of the variance requested
would most likely best preserve and protect the character of the neighborhood, the
health, safety and welfare of the community.
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COUNTY OF SUFFOLK
(9
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING STEPHEN M. JONES, A.I.C.P.
DIRECTOR OF PLANNING
October 10, 1995
OCT 1610°)
Mr. Gerard P. Goehringer
Town of Southold Zoning Board of Appeals
53095 Main Road - Town Hall
Southold, New York 11971
Applicant: Frank Palumbo
Municipal File No.: 4333
S.C.P.D. File No.: SD-95-17
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County
Administrative Code, the above referenced application which has been submitted to the Suffolk
County Planning Commission is considered to be a matter for local determination as there is no
apparent significant county-wide or inter-community impact(s). A decision of local
determination should not be construed as either an approval or disapproval.
Comments: Alternative relief appears warranted as set forth by the ZBA.
Very truly yours,
Stephen M. Jones
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:gcc
C.kWP W IN601ZONINGIDS\SD-95-17.ZN2
220 RABRO DRIVE ¦ P.O. BOX 6100 ¦ HAUPPAUGE, LONG ISLAND. NY 11788-0099 ¦ (316) 853.5192
FAX (516) 853-4044
_ i
~~gOFFO( c
APPEALS BOARD MEMBERS
c ` Southold Town Hall
Gerard P. Goehringer, Chairman 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
James Dinizio, Jr. Southold, New York 11971
Robert A. Villa Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
Pursuant to Article XIV of the Suffolk County A¢nini.s`4ative Code, The
Board of Appeals of the Town of Southold, New York, hereby refers the follcwinq
to the Suffolk County Planning Cammssion:
XX Variance from the Zoning Code, Article XXIII Section 100-239.4A(1)
Variance from Determination of Southold Town Building Inspector
Special Exception, Article Section
Special Permit
Appeal No: 4333 Applicant: Frank Palumbo (Contract Vendee)
Location of Affected Land: 3200 Sound Drive, Greenport, NY
County Tax Map Item No.: 1000- 33-1-7
Within 500 feet of:
Town or Village Boundary Line
X_ 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 Drainace 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 a new dwelling
within 100 feet of the top of the bluff or ban o e on
Sound
copies of lawn le ana rela d aocument~ enclosed ror your review.
Dated: October 3, 1995
0 6
APPEALS BOARD MEMBERS h~o~~gUFFO(~-coGy Southold Town Hall
Gerard P. Goehringer, Chairman o s 53095 Main Road
Serge Doyen, Jr. C02 x P.O. Box 1179
James Dinizio, Jr. ~O Southold, New York 11971
Robert A. Villa Fax (516) 765-1823
Lydia A. Tortora Ol ~a Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
September 29, 1995
Rudolph H. Bruer, Esq.
Edson and Bruer
Main Road, Box 1466
Southold, NY 11971-1466
Re: Appl. No. 4333 - Frank Palumbo (Eastern Shores Parcel)
Dear Mr. Bruer:
Please find attached a copy of the Board's findings and
determination rendered at our September 13, 1995 Regular Meeting
concerning your recent application for a variance.
In the interim,
(a) the Suffolk County Department of Planning may be forwarding
correspondence to you which applies to all projects located within 500
feet of a waterway (ref. Administrative Code of Suffolk County). It is
expected that the county will refer the matter back to the Town rather
than taking action for disapproval or approval. No further steps are
required on your part since our office sends a copy of this town file to
the county directly.
b) you will be required to submit building plans and an amended
survey location to the Building Department for the alternative granted,
together with fee for issuance of building permit and approval from
County Health Department and other applicable agencies. For con-
venience purposes, we have forwarded a copy of this determination to
the Building Department and Town Trustees Office for their permanent
records.
If you have questions, please call me at any time.
Very truly yours,
Enclosure Linda Kowalski
cc: Building Department
Office of Board of Town Trustees
r 0
APPEALS BOARD MEMBERS ~o~~gOFFO(,~ COG Southold Town Hall
Gerard P. Goehringer, Chairman o 4 53095 Main Road
Serge Doyen, Jr. va x P.O. Box 1179
James Dinizio, Jr. O Southold, New York 11971
Robert A. Villa 'y4j O` Fax (516) 765-1823
Lydia A.Tortora Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
ACTION OF THE BOARD OF APPEALS
Appl. No. 4333.
Upon Application of FRANK PALUMBO, as Contract Vendee.
(Owner: Genevieve Staley) - Variance based upon the August 16, 1995
Notice of Disapproval from the Building Inspector, Article XXIII,
Section 100-239.4A(1) for permission to construct a new dwelling within
100 feet of the top of the bluff or bank of the Long Island Sound.
Location of Property: 3200 Sound Drive, Greenport, NY; Parcel No.
1000-33-1-7; Eastern Shores Lot 108, Section #4.
WHEREAS, a public hearing was held on September 13, 1995, at
which time all persons who desired to be heard were heard and their
testimony recorded; and
WHEREAS, the Board has carefully considered all testimony and
documentation submitted concerning this application;
WHEREAS, Board Members have personally viewed and are familiar
with the premises in question, its present zoning, and the surrounding
areas; and
WHEREAS, the Board made the following findings of fact:
1. BASIS OF DISAPPROVAL. This is an application based upon
the following Notice of Disapproval from the Building Inspector to
construct a new dwelling, which Notice dated August 16, 1995 reads:
Disapproved on the following grounds:
Under Article XXIII, Section 100-239.4A(1) proposed
construction is less than 100 ft. from top of the bluff or
bank. Action required by the Zoning Board of Appeals.
Action also required by the Suffolk County Dept. of
Health...."
2. CODE REQUIREMENTS. Article XXIII, Section 100-239.4A(1)
reads:
"...Lots adjacent to Long Island Sound, Fishers Island Sound
and Block Island Sound. (1) All buildings located on lots
adjacent to sounds or upon which there exists a bluff or
bank landward of the shore or beach shall be set back not
Page 2 - Appl. No. 4133
•
Matter of FRANK PALUMBO
Decision Rendered September 13, 1995
fewer than one hundred (100) feet from the top of such bluff
or bank...."
3. PROPERTY DATA. The premises in question is presently
owned by Genevieve Staley who acquired the property in 1986. The
property has always been vacant land, and is shown on the Map of
Eastern Shores Section IV as Subdivision lot 108. The width of this
parcel is 100 feet along Sound Drive and depth 294.35 feet along the
westerly property line. The total lot area, including the area below
the bluff down to towards the highwater mark, is 29,116 sq. ft. as
shown on the survey surveyed August 13, 1995 by Roderick VanTuyl,
P. C. The survey map shows that the area south of the bluff line has
variable contours, between 38 feet closest to the road to 46 feet above
mean sea level moving towards the bluff lines.
4. PROPOSAL. This application is a request to locate a new
dwelling with a setback of 55 feet at its closest corner from the top
of the bluff (bank) shown on the August 13, 1995 survey. The
location of the proposed dwelling is shown closer to the bluff than it
is to the road (front yard) which is 67 feet at its closest point.
5. OPINION. An engineering report has been submitted by J.
Fischetti, P.E. based upon his inspection of the vacant land on August
24, 1995. It is the engineer's opinion that the construction of this
home at the location shown with an excavation limit of 50 feet would
have no detrimental effect on the existing bank by allowing for
rainfall runoff to run in a southerly direction from the bank.
6. PURCHASER'S AGREEMENT. At the hearing held on
September 13, 1995, Mr. Palumbo agreed to restrict the area north of
the house to remain open without buildings or swimmingpool structure.
It was also agreed that grading for new landscaped areas must be done
to keep surface water runoff directed toward the south, and that there
would be no excavation within 50 feet of the present bluff line shown
on the survey map.
7. OTHER TOWN AGENCY JURISDICTION/REVIEW. Submitted for
the record is a copy of the written authorization issued by the N.Y.S.
Department of Environmental Conservation dated August 30, 1995 ref.
1-4738-01175/00001-0 with precautions noted therein. The variance, as
alternatively granted, is subject to the same precautions with the
alternative setback, noted in this determination. The Board of
Southold Town Trustees by its letter of August 25, 1995 has determined
the project is not within their jurisdiction.
8. EFFECTS OF RELIEF REQUESTED. It is the position of this
Board that in considering the relief requested that:
Page 3 - Appl. No. 933
Matter of FRANK PALUMBO
Decision Rendered September 13, 1995
(a) the location of the new dwelling, as proposed with an
attached garage, may be repositioned to an area closer to the south
away from the bluff while maintaining the established character of
other dwellings built near the bluff;
(b) an alternative location further away from the bluff will
not be an alteration of the essential character of the neighborhood due
to the nature of the layout and characteristics of this site, and the
setback will be generally similar to those existing in the area;
(c) the benefit sought to be achieved by the appellants
cannot be achieved by a method other than a variance under the zoning
regulations;
(d) the grant of alternative relief claimed will not have an
adverse effect or impact on the physical or environmental conditions in
the neighborhood since the applicants have agreed to restrict the area
50 feet between the house and the bluff from any excavation or adverse
activities which would affect the land area and stability of the bluff;
(e) the relief requested is not substantial when compared to
those established in the area;
(f) the relief requested is not self created;
(g) as part of the "balancing concept," the Board finds and
determines that the character of the neighborhood will continue to be
preserve, and the health, safety and welfare of the community will not
be adversely affected.
NOW, THEREFORE, on motion by Chairman Goehringer, seconded
by Member Dinizio, it was
RESOLVED, to DENY the relief requested for a variance at 55 feet
from the top of the bluff, and TO ALTERNATIVELY GRANT relief for
at setback at not less than 60 feet from the top of the bluff, SUBJECT
TO THE FOLLOWING CONDITIONS:
1. That there be no land disturbance (such as excavation) north
of the house for swimmingpools or any other construction;
2. That the setback of the proposed dwelling be no closer than
60 feet to the top of the bluff;
3. That hay bale berms (and/or railroad ties) be temporarily
placed while construction activities are pending . as a necessary
preventive measure to prevent sedimentation or other alteration-
Page 4 - Appl. No *333 •
Matter of FRANK PALUMBO
Decision Rendered September 13, 1995
disturbance to the ground surface or vegetation within the area north
of the proposed dwelling; and
4. That no swimmingpool structure or similar construction, or
buildings, shall be placed within 60 feet of the top of the bluff line,
as agreed by applicant during the public hearing.
Vote of the Board: Ayes: Messrs. Dinizio, Doyen, Tortora, and
Goehringer. Opposed: Member Villa - who finds that a 72 ft. setback
and 50 ft. front yard is a better alternative. This resolution was
duly adopted (4-1).
s s s
lk
GERARD P. GOEHRINGER, lRAN
Page 4 - Appl. No4*333 •
Matter of FRANK PALUMBO
Decision Rendered September 13, 1995
disturbance to the ground surface or vegetation within the area north
of the proposed dwelling; and
4. That no swimmingpool structure or similar construction, or
buildings, shall be placed within 60 feet of the top of the bluff line,
as agreed by applicant during the public hearing.
Vote of the Board: Ayes: Messrs. Dinizio, Doyen, Tortora, and
Goehringer. Opposed: Member Villa - who finds that a 72 ft. setback
and 50 ft. front yard is a better alternative. This resolution was
duly adopted (4-1).
Ik
GERARD P. GOEHRINGER, CHAIRMAN
1, ECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE /ps HOUR /i 20 A,17
00 0. 0 ~a""i v?.s
Town Clerk, Town of Southold
0
Xy 2 a
ACTION OF THE BOARD OF APPEALS
Appl. No. 4233.
Upon Application of FRANK PALUMBO, as Contract Vendee.
(Owner: Genevieve Staley) - Variance based upon the August 16, 1995
Notice of Disapproval from the Building Inspector, Article XXIII,
Section 100-239.4A(1) for permission to construct a new dwelling within
100 feet of the top of the bluff or bank of the Long Island Sound.
Location of Property: 3200 Sound Drive, Greenport, NY; Parcel No.
1000-33-1-7; Eastern Shores Lot 108, Section 84.
WHEREAS, a public hearing was held on September 13, 1995, at
which time all persons who desired to be heard were heard and their
testimony recorded; and
WHEREAS, the Board has carefully considered all testimony and
documentation submitted concerning this application;
WHEREAS, Board Members have personally viewed and are familiar
with the premises in question, its present zoning, and the surrounding
areas; and
WHEREAS, the Board made the following findings of fact:
1. BASIS OF DISAPPROVAL. This is an application based upon
the following Notice of Disapproval from the Building Inspector to
construct a new dwelling, which Notice dated August 16, 1995 reads:
Disapproved on the following grounds:
Under Article XXIII, Section 100-239.4A(1) proposed
construction is less than 100 ft. from top of the bluff or
bank. Action required by the Zoning Board of Appeals.
Action also required by the Suffolk County Dept. of
Health...."
2. CODE REQUIREMENTS. Article XXIII, Section 100-239.4A(1)
reads:
"...Lots adjacent to Long Island Sound, Fishers Island Sound
and Block Island Sound. (1) All buildings located on lots
adjacent to sounds or upon which there exists a bluff or
bank landward of the shore or beach shall be set back not
.Page - Appl. 0 4333 •
Matter of FRANK PALUMBO
Decision Rendered September 13, 1995
fewer than one hundred (100) feet from the top of such bluff
or bank...."
3. PROPERTY DATA. The premises in question is presently
owned by Genevieve Staley who acquired the property in 1986. The
property has always been vacant land, and is shown on the Map of
Eastern Shores Section IV as Subdivision lot 108. The width of this
parcel is 100 feet along Sound Drive and depth 294.35 feet along the
westerly property line. The total lot area, including the area below
the bluff down to towards the highwater mark, is 29,116 sq. ft. as
shown on the survey surveyed August 13, 1995 by Roderick VanTuyl,
P. C. The survey map shows that the area south of the bluff line has
variable contours, between 38 feet closest to the road to 46 feet above
mean sea level moving towards the bluff lines.
4. PROPOSAL. This application is a request to locate a new
dwelling with a setback of 55 feet at its closest corner from the top
of the bluff (bank) shown on the August 13, 1995 survey. The
location of the proposed dwelling is shown closer to the bluff than it
is to the road (front yard) which is 67 feet at its closest point.
5. OPINION. An engineering report has been submitted by J.
Fischetti, P.E. based upon his inspection of the vacant land on August
24, 1995. It is the engineer's opinion that the construction of this
home at the location shown with an excavation limit of 50 feet would
have no detrimental effect on the existing bank by allowing for
rainfall runoff to run in a southerly direction from the bank.
6. PURCHASER'S AGREEMENT. At the hearing held on
September 13, 1995, Mr. Palumbo agreed to restrict the area north of
the house to remain open without buildings or swimmingpool structure.
It was also agreed that grading for new landscaped areas must be done
to keep surface water runoff directed toward the south, and that there
would be no excavation within 500 feet of the present bluff line shown
on the survey map.
7. OTHER TOWN AGENCY JURISDICTION/REVIEW. Submitted for
the record is a copy of the written authorization issued by the N.Y.S.
Department of Environmental Conservation dated August 30, 1995 ref.
1-4738-01175/00001-0 with precautions noted therein. The variance, as
alternatively granted, is subject to the same precautions with the
alternative setback, noted in this determination. The Board of
Southold Town Trustees by its letter of August 25, 1995 has determined
the project is not within their jurisdiction.
EFFECTS OF RELIEF REQUESTED. It is the position of this
Boar that in considering the relief requested that:
.Page 3 - Appl. No. a •
Matter of FRANK PALUMBO
Decision Rendered September 13, 1995
(a) the location of the new dwelling, as proposed with an
attached garage, may be repositioned to an area closer to the south
away from the bluff while maintaining the established character of
other dwellings built near the bluff;
(b) an alternative location further away from the bluff will
not be an alteration of the essential character of the neighborhood due
to the nature of the layout and characteristics of this site, and the
setback will be generally similar to those existing in the area;
(c) the benefit sought to be achieved by the appellants
cannot be achieved by a method other than a variance under the zoning
regulations;
(d) the grant of alternative relief claimed will not have an
adverse effect or impact on the physical or environmental conditions in
the neighborhood since the applicants have agreed to restrict the area
50 feet between the house and the bluff from any excavation or adverse
activities which would affect the land area and stability of the bluff;
(e) the relief requested is not substantial when compared to
those established in the area;
(f) the relief requested is not self created;
(g) as part of the "balancing concept," the Board finds and
determines that the character of the neighborhood will continue to be
preserve, and the health, safety and welfare of the community will not
be adversely affected.
NOW, THEREFORE, on motion by Chairman Goehringer, seconded
by Member Dinizio, it was
RESOLVED, to DENY the relief requested for a variance at 55 feet
from the top of the bluff, and TO ALTERNATIVELY GRANT relief for
at setback at not less than 60 feet from the top of the bluff, SUBJECT
TO THE FOLLOWING CONDITIONS:
1. That there be no land disturbance (such as excavation)
seaward of the house for any other buildings;
2. That the setback of the proposed dwelling be no closer than
60 feet to the top of the bluff;
3. That hay bale berms be placed a s& necessary preventive
measure &otakaa to prevent esry-sedimentation or other alteration or
disturbance to the ground surface or vegetation within the area
~eo
o;3rmvof the proposed dwelling
Page 4 - Appl. No. 93
Matter of FRANK PALUMBO
Decision Rendered September 13, 1995
nearby areas, and that temporarily
pla the area under construe o
construction activiting gr ppndino
Vote of the Board: Ayes: Messrs. Dinizio, Doyen, Tortora, and
Goehringer. Opposed: Member Villa. )Phis re:;olution was duly
adopted (4-1).
s s s
lk
ER D P. GO LAGER; CHAIR N
\ r/ a`~36 J f Edson and Bruer
17 'l + p p/' ATTORNEYS LAW
MAIN ROAD-P.O. . BOX 1466
SOUTHOLD, NEW YORK 11971
LEFFERTS P. FDSON (516) 765-1222
(1912.1989) (516) 765 2500
RUDOLPH H. BRUER RAY: (516) 765-2752
September 12, 1995
SEP 12
Southold Town Hall
Board of Appeals
53095 Main Road
Southold, New York 11971
Attn: Linda Kowalski
Re: Application of Frank Palumbo
Dear Linda:
In anticipation of the hearing in the above matter which is scheduled for September 13,
1995 at 8:10 pm, enclosed herewith please find the following for your file:
1. Board of Appeals, Confirmation of Posting;
2. Opinion of Roderick Van Tuyl, P.C.;
3. A copy of New York State Department of Environmental Conservation's letter
of non jurisdiction;
4. A copy of Southold Town Board of Trustees' letter of non jurisdiction;
5. A copy of an engineering report prepared by Joseph Fischetti, P.E.
Thank you for your cooperation in this matter.
ASinc
udolph . Bruer
RHB/cam
Encs.
APPEALS BOARD MEMBERS ~o~~gUfFOt,~~O
py Southold Town Hall
Gerard P. Goehringer, Chairman o= 53095 Main Road
Serge Doyen, Jr. W x P.O. Box 1179
James Dinizio, Jr. O Southold, New York 11971
Robert A. Villa y~1J O~ Fax (516) 765-1823
Lydia A. Tortora 01 ~a Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
BOARD OF APPEALS:TOWN OF SOUTHOLD
------------------------------------x
In the Matter of the Application
of
FRANK PALUMBO
-------------------------------------x
CONFIRMATION OF POSTING
I, 6R A N e- PA L. U tA SC) residing at SS JoU rIq S
being duly sworn, depose and say:
That on the -74k day of September, 1995, I personally posted
the property known as "3200 Sound Drive, Southold, NY" by placing
the Town's official poster Notice on a tree or stake at the front of
the property, facing the road where it can be easily seen, and that
the poster has remained in place five days prior to the date of the
public hearing (date of hearing noted thereon to be held Septem-
ber 13, 1995.)
Dated: September 1995.
( ignature
0 S~FFOII~~~Gy
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE 1516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3471 l\,nT Q
Application Dated February 20, 1986 S
TO: Howard E. Pachman, Esq. as Attorney [Appellant(s)]
for NICHOLAS TSIRKAS ~Ur
366 Veterans Memorial Highway
Commack, NY 11725
At a Meeting of the Zoning Board of,Appeals held on June 25, 1986
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[X] Request for Variance to the Zoning Ordinance
Article XI, Section 100-119.2(A)L1]
[ ] Request for
Application of NICHOLAS TSIRKAS for a Variance to the Zoning
Ordinance, Article XI, Section 100-1 2(A)[1] for permission to
construct single-family dwelling with an insufficient setback from
edge of bank along the Long Island Sound. Location of Property:
North Side of Sound Avenue, Greenport, NY; Eastern Shores Subdivision
Map 4586, Lot 113; County Tax Map Parcel No. 1000-33-01-11.
WHEREAS, public hearings were held on April 3, 1986, May 1,
1986, and concluded on May 22, 1986, in the Matter of the Application
of NICHOLAS TSIRKAS under Appeal No. 3471; and
WHEREAS, the board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, at said hearing all those who desired to be heard
were heard, and their testimony was recorded; and
WHEREAS, the board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the board made the following findings of fact:
1. By this application, appellant requests a variance to the
Zoning Ordinance, Article XI, Section 100-119.2, Subsection (A)[1]
for permission to locate a new single-family dwelling with an insuffi-
cient setback of not less than 37 feet from the top of the bluff or
bank along the Long Island Sound, as shown by survey mapped March 12,
1986 by Roderick VanTuyl, P.C. The building area is proposed with
a frontyard setback at 35 feet and'minimum sideyards as provided
by the Bulk Schedule of the Zoning Code.
2. The premises in question is located along the north side
of Sound Drive, Greenport, and is identified as Lot No. 113, Map of
Eastern Shores No. 4586, Section Four, and more particularly shown
on the Suffolk County Tax Maps as District 1000, Section 33, Block 1,
Lot 11.
CONTINUED ON PAGE TWO)
DATED: June 25, 1986. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
P4ge 2 - Appeal No. 34710
Matter of NICHOLAS TSIRKAS
Decision Rendered June 25, 1986
3. The subject premises is vacant and consists of a total
lot area of 25,250 sq. ft., lot width of 100 feet, and total average
depth of 261± feet. The shortest distance as scaled on the March 12,
1986 survey appears to be 123± feet from the southerly property line
along Sound Drive to the top of the bank.
4. Submitted in support of this application are: (a) survey
of existing dwellings in the immediate area along the north side of
Sound Drive mapped March 12, 1986, showing varied setbacks from the
top of bank with a zero setback (for deck construction), and with
a 15±-foot setback varying to 60± feet; (b) copies of title closing
statement, tax bills, deed, title search report; (c) topographical
photograph of the area; (d) licensed real-estate broker's report;
(e) individual surveys of other lots in the vicinity (along the
north side of Sound Drive); (f) engineer's building site report,
etc.
5. It is noted for the record that by a prior application
under Appeal No. 3386, a variance to locate a new single-family
dwelling of a size 47' by 67', more or less, at a distance of 35
feet from the edge of the bank, was denied without prejudice for
the reasons set forth therein.
6. It is the opinion of this board that: (a) construction
should be located as far back from the bank's edge as possible;
(b) water runoff (including lawn sprinklers, etc.) be piped toward
the south of the bank, not to drain over the bluff areas and to
reduce saturation of the face of the bluff.
In considering this appeal, the board also finds and
determines that by locating new construction not closer than
50 feet to the top of bank: (a) the variance will be the minimal
necessary and will not be substantial in relation to the zoning
requirements; (b) there will be no substantial change in the
character of the immediate area; (c) the circumstances are
unique; (d) that the practical difficulties are sufficient to
warrant the granting of a variance; (e) there is no other
method feasible for appellant to pursue other than a variance;
(f) that in view of the manner in which the difficulties arose
and in considering all the above factors, the interests of jus-
tice will best be served.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Goehringer, it was
RESOLVED, that a Variance for permission to locate
new single-family dwelling construction with an insufficient
setback from the top of bank along the Long Island Sound,
BE AND HEREBY IS APPROVED in the Matter of the Application of
NICHOLAS TSIRKAS, Appeal No. 3471, SUBJECT TO THE FOLLOWING
CONDITION:
That no construction be located closer than 50 feet at
nearest point from the top of the bank.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen,(Fishers Island) was absent.)
This resolution was duly adopted.
I kr^^trtle.
GERARD P. GOEHRINGER, C Alf IRMAN
July 2, 1986
i~---
S~FfaL/r
Southold Town Board of Appeals
'y~Ql .~1t1~ MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3502 U
Application Dated April 28, 1986
TO: Mr. Clarence W: Powell as Agent [Appellant(s)]
for Mr: Gregory Follart ~q~ Jr
38.0. Robinson Road, Box.. ] 1_
Greenport, NY 11944
At a Meeting of the Zoning Board of Appeals held on, July 31,. 1986,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
- Article , Section
[X] Request for Variance to the Zoning Ordinance
Article XI , Section 100-119.2(A)[1]
[ l Request for
Application of GREGORY FOLLARI for a Variance to the Zoning
Ordinance, Article XI, Section 100-119.2 for permission to locate new dwelling with an insufficient setback from Long Island Sound
bluff. Location of Property: North Side of Sound Drive, Green-
port, "Map of Section Four-Eastern Shores" Lot No. 117, Map No.
4586; County Tax Map Parcel No. 1000-33-1-15.
WHEREAS, a public hearing was held and concluded on June 19, 1986
in the Matter of the Application of GREGORY FOLLARI under Appeal No.
3502; and
WHEREAS, the board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, at said hearing all those who desired to be heard
were heard, and their testimony was recorded; and
WHEREAS, the board has carefully considered all testimony
and documentation submitted concerning this application; and _
WHEREAS, the board made the following findings of fact:
1. The premises in question is located along the north side of
Sound Drive, Greenport, is identified on the Suffolk County Tax Maps
as District 1000, Section 33, Block 1, Lot 15, and is more particular-
ly referred to as Lot 117, "Map of Section Four-Eastern Shores,"
filed in the Suffolk County Clerk's Office as Map No. 4586.
2. The subject premises is vacant and consists of a total area
of 32,007 sq. ft., lot width of 100.feet and lot depth of 322.70± ft.
The shortest distance from the southerly property line along Sound
Drive to the top of bank as scaled on the April 1, 1981 survey
prepared by Roderick VanTuyl, P.C. is shown to be 195 feet.
3. By this application, appellant requests permission to
locate a new single-family dwelling with a setback from the edge
of the top of,bank at its closest point at 60 feet, from the
(CONTINUED ON PAGE TWO)
DATED: August 13, 1986. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
Page 2 - Appeal No. 3502
Matter of GREGORY FOLLARI
Decision Rendered July 31, 1986
southerly (front) property line at 76 feet at its closest point,
and with minimum sideyards of 10 and 15 feet (as provided by the
Bulk Schedule-Column "A").
4. Article XI, Section 100-119.2, sub-paragraph A(1) requires
all buildings proposed on lots adjacent to Long Island Sound to be
set back not less than one-hundred (100) feet from the top of the
bluff or bank.
5. As noted in the June 11, 1986 Report received as requested
from the Suffolk County Soil and Water Conservation District, it
was noted as follows:.. (a) that this parcel is vegetated with
herbaceous and woody plant materials with the general slope of
the land to the south; (b) that the bluff face is well vegetated
from approximately 12 to 15 feet below the top of bluff toe,
which appears stable at this time, which may be contributed to
numerous large boulders along the beach.
6. It is the opinion of the board members that: (a)
construction should be located as far back from the bluff's
edge as possible; (b) water runoff (including lawn sprinklers,
etc.) be piped toward the south of the bluff, not to drain over
the.bluff areas and to reduce saturation of the bluff face;
(c) no alteration of the land within 50 feet of the bluff
should occur.
In considering this appeal, the board also finds and
determines: (a) that sufficient practical difficulties have
been shown to warrant a granting of a variance; (b) the
circumstances of the property are unique; (c) there will
be no substantial change in the character of the area or
detriment to adjoining properties; (d) the relief as
stipulated below is not substantial in relation to the
requirements; (e) the variance will not in turn case a
substantial effect of increased population density or be
adverse to the safety, health, welfare, comfort, convenience
and order of the town; (f) the interests of justice will
best be served by allowing a variance, as noted below.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Douglass, it was
RESOLVED, that a Variance for permission to locate
new single-family dwelling construction, together with all
future deck and pool areas, within 100 feet of the top of
bank along the Long Island Sound, BE AND HEREBY IS APPROVED
in the Matter of the Application of GREGORY FOLLARIAppeal
No. 3502, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That all construction (new dwelling, attached
decks, pool areas, etc.) shall be permitted not closer than
65 feet from the top of bluff;
2. There shall be no disturbance of land area within
50 feet of the top of bank, except for maintenance of
vegetation, shrubs, etc.
3. There shall be no fill or materials deposited over
the bluff face.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Douglass and Sawicki. (Member Grigonis was absent.) This
resolution was duly adopted.
l k A RARD P. GOE,F INGER,;CHAIRMAN
August 13, 1986
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 7651809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3507
Application Dated May 2, 1986 (Public Hearing May 22, 1986)
TO: Skinny Dip Pools, Inc. as Agent [Appellant(s)]
for Mr. Nick Theophiios
P.O. Box 108
Mattituck, NY 11952
At a Meeting of the Zoning Board of Appeals held on June 25, 1986,
the above appeal was considered, and the action indicated below was taken
on your [ l Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[X] Request for Variance to the Zoning Ordinance
Article XI , Section 100-119.2(A)
[ ] Request for
Application of NICK THEOPHILOS for a Variance to the Zoning Ordi-
nance, Article XI, Section 100-119.2(A) for permission to locate swimming-
pool with deck and fence enclosure within 100' of bluff area along Long
Island Sound, at 2200 Sound Drive, Greenport, NY; Lot No. 118, Map of
Eastern Shores, Section 4; County Tax Map Parcel No. 1000-33-1-16.
WHEREAS, a public hearing was held and concluded on May 22,
1986 in the Matter of the Application of NICK THEOPHILOS under Appeal
No. 3507; and _
WHEREAS, the board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, at said hearing all those who desired to be heard
were heard, and their testimony was recorded; and
WHEREAS, the board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the board made the following findings of fact:
1. The premises in question is located along the north side
of Sound Drive, Greenport, is identified on the Suffolk County Tax
Maps as District 1000, Section 33, Block 1, Lot 16, and is known and
referred to as Lot #118 on Map of Eastern Shores, Section,IV, filed
March 7, 1966.
2. The subject premises consists of a total area of 33,355
sq. ft. with frontage along Sound Drive of 100.0 feet, and average
lot depth of 318± feet. The upland area between Sound Drive and
the top of the bank/bluff area is a length of approximately 215 feet.
The premises is presently improved with an one-story, single-family
dwelling, shown by survey dated August 15, 1985 prepared by Roderick
DATED: June 25, 1986. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
Page 2 - Appeal No. 3507
Matter of NICK THEOPHILOS
Decision Rendered June 25, 1986
VanTuyl, P.C. to be set back approximately 70 feet (exclusive
of rear porch) from the top of the bank, and approximately 57
feet inclusive of rear porch, at its closest points.
3. By this application, appellant requests permission to
locate an 18' by 36' wide swimmingpool with a setback at its
closest point to the top of bank at 23 feet. The pool as proposed
is shown to be an accessory structure at a distance 15 feet away
from the dwelling, and centered between the side property lines.
Also proposed around the pool are a three-foot wide wooden
walkway, which would be set back not closer than 20 feet from
its closest point to the top of bank, and a fence as required
by the code along the side and rear property lines.
4. Article XI, Section 100-119.2, sub-paragraph (A)[]]
requires all buildings proposed on lots adjacent to Long Island
Sound to be set back not less than one-hundred (100) feet from the
top of the bluff or bank. The board agrees that to locate the
proposed accessory building in compliance with this setback
requirement would be placing same in front (to the south) of
the existing dwelling.
5. It is the opinion of the board members that: (a) the
pool be located as far back from the bluff edge as possible;
(b) any draining of the pool or discharge not be piped over
the face of the bluff.
In considering this appeal, the board also finds and deter-
mines: (a) although the percentage of relief requested
from the 100' setback requirement is substantial, the present
setback is established at 57± feet, which is an automatic
reduction of 43 feet; (b) the placement of the pool at a
point not closer than 30 feet from the top of bank is not
unreasonable and will not be detrimental to adjoining properties
or change the character of the district; (c) the circumstances
are unique; (d) the practical difficulties are sufficient to
warrant a conditional granting of a variance; (e) the diffi-
culty cannot be obviated by some method feasible for appellant
to pursue other than a variance; (f) that in view of the
manner in which the difficulty arose and in consideration of
all the above factors, the interests of justice will best be
served by conditionally allowing a variance, as noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Messrs. Sawicki and Grigonis, it was
RESOLVED, that a Variance for permission to locate accessory
swimmingpool with wooden walkway and fence enclosure within 100
feet of the Long Island Sound bank, BE AND HEREBY IS APPROVED in
the Matter of the Application of NICK THEOPHILOS under Appeal
No. 3507, SUBJECT TO THE FOLLOWING CONDITIONS:
1. The pool and wooden walkway construction applied for
shall remain an accessory structure, not to be attached to the
dwelling or overhang in any form.
2. The pool and wooden walkway shall not be located
closer than 30 feet to the top of bank.
3. There shall be no obstrusive lighting,which will be
adverse to other properties.
4. There shall be no overhead lighting.
5. The fencing shall be of chainlink material.
6. There shall be proper groundcover between the pool
and top of bank so as to aid in the prevention of erosion.
Page 3 - Appeal No. 3507
Matter of NICK THEOPHILOS
Decision Rendered June 25, 1986
7. There be no drainage over the bluff area of water
(from the pool, irrigation, etc.) into the Sound.
8. All fill must be placed landward of the bluff.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass, and Sawicki. This resolution was duly adopted.
(Member Doyen was absent.)
lk
,GERARD P. GOER INGER CHAIRMAN
,June 30,_ 1986
RECEIVED AND FILED By
THE SOUTHOLD TOWN CLERK
DATE 7/i/,,6 HOUR d
Town Cl TO wn Of So
d
oSgFaL,~~OG eTM - 3 3 - /-y
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE 1516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3621 ` S
Application Dated March 17, 1987 /\w
TO: Michael S. Gilliland, Esq. [Appellant(s)]
Milgrim Thomajan & Lee, P.C.
405 Lexington Avenue
New York, NY 10174-0355
At a Meeting of the Zoning Board of Appeals held on May 11, 1987,
the above appeal was considered, and the action indicated.below, was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
Q(X] Request for Variance to the Zoning Ordinance
Article XI, Section 100-119.2(A)
[ ] Request for
Application of MICHAEL S. GILLILAND for Variances to the Zoning
Ordinance: (a) Article III, Section 100-32 for permission to con-
struct accessory two-car garage in the frontyard area, (b) Article
XI, Section 100-119.2 for permission to locate new dwelling with an
insufficient setback from bluff/bank along the Long Island Sound.
Location of Property: North Side of Sound Drive, Greenport, NY;
County Tax Map Parcel No. 1000-33-1-8; Map of Eastern Shores,
Section Four, Lot No. 109..
WHEREAS, a public hearing was held and concluded on April 23,
1987 in the Matter of the Application of MICHAEL S. GILLILAND
under Appeal No. 3621; and
WHEREAS, at said hearing all those who desired to be heard were
heard and their testimony recorded; and
WHEREAS, the board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, the board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the board made the following findings of fact:
1. The premises in question is located along the north side
of Sound Drive, Greenport, is identified on the Suffolk County Tax
Maps as District 1000, Section 33, Block 1, Lot 8, and is known
and referred to as Lot #109, Map of Eastern Shores, Section Four,
filed March 7, 1966.
2. The subject premises consists of a total area of
30,984 sq. ft. with frontage along Sound Drive of 100 feet, and
average lot depth of 328± feet. The premises is presently vacant
and is located in the "A" Residential and Agricultural Zoning Dis-
trict.
(CONTINUED ON PAGE TWO)
DATED: May 18, 1987. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
age 2 - Appeal No. • 1 •
Matter of MICHAEL S. GILLILAND
Decision Rendered May 11, 1987
3. The relief requested by this application is a setback of
not less than 55 feet from the 45-foot contour line along the
Long Island Sound Bluff as more particularly shown by sketched
survey (amended October 7, 1986) prepared by Roderick VanTuyl,
P.C. The distance below the 45' contour to the ordinary high-
water mark at its closest point is 57± feet. The proposed house
location is 125± feet to the ordinary highwater mark at its
closest point and is fairly level, as compared to the remainder
of the property. The bluff face and toe appear fairly stable.
There is some vegetation on the bluff face. At the toe of the
bluff and on the beach (north of the 45' contour), there are
numerous large boulders aiding in stabilizing the bluff. The
lot does contain depressions along the southerly areas.
4. Article XI, Section 100-119.2, subparagraph A[1] requires
all buildings proposed on lots adjacent to the Long Island Sound
to be set back not less than one-hundred (100) feet from the top
of the bluff, or bank. The Board finds that although it may be
possible to construct the dwelling with a minimum setback of
100 feet from the top of bluff (without a variance), the
proposed location is more feasible in light of the above
factors.
5. For the record, it is noted that the dwelling on the
easterly parcel (presently of Ehrenreic) is setback 45± feet
at its cloest point to the top of bluff/bank as shown by
survey dated January 24, 1975. The premises to the west
(Lot 108) is vacant.
In considering this appeal, the Board also finds and
determines:
(a) the relief requested is substantial in relation to
the requirements, being a variance of 45%, or 45 feet;
(b) the placement of the new dwelling at a point not
closer than 55 feet from the top of bluff is not unreasonable
and will not be detrimental to adjoining properties or change
the character of the districts;
(c) the circumstances of the property are unique;
(d) the practical difficulties are sufficient to warrant
a conditional granting of the variance, as noted below;
(e) the difficulty cannot be obviated by some method
feasible for appellant to pursue other than a variance;
(f) the granting of the relief requested is within the
spirit and intent of the zoning ordinance and maps;
(g) in view of the manner in which the difficulties arose
and in view of the above factors, the interests of justice would
be served by granting the relief, as indicated below.
Accordingly, on motion by Mr. Grigonis, seconded by
Mr. Goehringer, it was
RESOLVED, to GRANT a Variance under the Provisions of
Article XI, Section 100-119.2(A) for permission to locate
new dwelling (with all structural attachments), in the
Matter of the Application of MICHAEL S. GILLILAND under
Appeal No. 3621, SUBJECT TO THE FOLLOWING CONDI IONS:
1. No construction closer than 55 feet.to the top of
bluff/bank (45' contour line), as applied;
Page 3 - Appeal No. 3621
Matter of MICHAEL S. GILLILAND
Decision Rendered May 11, 1987
2. The westerly sideyard area remain open and
unobstructed a minimum of 15 feet at all times (for easy
emergency access);
3. No excavation within 50 feet of the top of bluff
(45' contour line);
4. No further setback reductions to bluff areas; and
BE IT FURTHER RESOLVED, to WITHDRAW the Variance for
an Accessory Garage Structure in the frontyard area as
requested.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis
and Sawicki. (Members Doyen and Douglass were absent.)
This resolution was duly adopted.
lk 'GE ARD P. G EHRINGER, CHAIRMAN
May 18, 1987
..,;t A-GskOF SSUTIIO D, la v~YdizYt'-::' li, 1986
S9 ACTION Or THE ZONING BOARD OF APPEALS DATE
Appeal No. Dated jWW 10 19"
ACWW4W &VAWXj&jWRD OgXP.EAIAMM W" OWN OF SOUTHOLD
To SoatMld, MW TM& sawd Ds1Ve Appellant
O=+Napt>tat, Mtw 9bl9C
at a mectii+g of the Zoning Board of Appeals on the appeal
was considered and the action indicated below was taken on your
) ) Request for variance due to lack of access to property
(Z) Request for a special exception under the Zoning Ordinance
( ) Request for a variance to the Zoning Ordinance
1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be
granted ( ) be denied pursuant to Article Section „ Subsection paragraph
of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed7baead.M. (5.116S.!)? VJ4W MMIU UM 09 •dees and 7141koitpa,
sontboid, MW safe, ' dm Me wafte se"d Drive, OteenrMt, aw
safe, -tor a tasianoa in adooordam" with the X0QU* offaI AWAM,
Astlale III, saftioa 907# for posnitatoa to sedum the slat ywd
s6101solmlt. Loeatim of pmopnty lot be, lot in MUrt"M
SbOSiut at aseoapWt, 10f"tICS We Oseogpoarte MW Ybl*."
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnec-
essary hardship because S~
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not)
change the character of the district beewuse
Sts „
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied
and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
ZONING BOARD OF APPEALS ,
FORM ZB4
r'
sasbasa C. Dittmne, seesetasr
Alter uWastigstim and tuepaatlen the Dowd finds that
the applleast request peralmmUm to construct a drelllrq and
vary the slam yard sequinanea at ftom 10 Veaet to 9. bet. Me
soasd fiade that tbW a 14 anpoos tAaa MOVAIlk area larroiwed 1u
tbie lot sad that some altermative leaatiaa Max the additlas
Meet be soayht. ft* foard POIDts cut beat else lot 10 as
a riled map and tbeeo ebeala be me VwAmumme graubw
Yte Dowd ids tut strlat adeplioatiaa ei the Ordinance
will not pa+eduiss prectlosl di!lieultles or Unnecessary barddiiw
the hardship created is not migno and would be dmmmd by all
pmpwtlws alike in the isssdisto wAaAaitr of tote p xgntr and
in the sere Use dlstc::ll Ice warlaaos pone Met obeesws Um
spirit set tbo 09411 s~ lounge tbs dwmater of the
dietsfot.
2bazeft" it wan NN649mm that Aatear pond sl~toleeon,
soutboic am unk, a/e llio w*"* sound Nriwe, smompart.
Mar flask to denied p0mission to s+edeaae the side yard
rapirossnt on lot ember Ud 1s Nesters iberee at ftem rant
sectim rve at Qzemport, Mw York.
• R •
RODERICK VAN TUYL, P.C.
218 FRONT STREET
GREENPORT, NEW YORK 1 1944
(516)477-0170
TO DATE September 1, 1995
SUBJECT
To Whom It May Concern:
We have recently surveyed lot 108 in "Eastern Shores",
Greenport for Dr. Frank Palumbo.
We have located the top of the bank and find that there
has been essentially no change in the bank location on
adjoining lots 107 and 109 since our surveys of those lots
in 1968 and 1967, respectively.
Colin Van Tuyl
Bam > MLSN72 The Drawing Boa"4 Dahas, Texas 75266-0429 FOLD AT
0 Wheeler Group, ex:, 1982 TO FR DRAWING BOARD ENVELOPE + EW tOP
New York State Departmo of Environmental Conservatit A
Buiding 40 -.SUNY, Stony Brook, Now York 11790-2356
Phone (5161444.0365 z ere
Fax # (5161444-0373 eJ
%F X0.1
Mr. Frank Pabi bo
2555 Youngs Avenue a0dud 0. Zapata
Southold, NY 11971 CanrA danw
DaAugust 30, 1995
RE: 1-4738-01175/00001-0
Palu ibo Property
Sound Dive, Greenport
SC1M #1000-33-1-7
Dear Mr. Palumbo:
Based on the information you have submitted, the New York State Department of
Environmental Conservation has determined that:
the property landward of the top of the bank greater than 10' in elevation
as shown an the survey prepared by Roderick Van Tuyl, PC, dated August 13, 1995
and last revised August 16, 1995 is beyond the jurisdiction of Article 25
Tidal Wetlands.
Therefore, in accordance with the current Tidal Wedaads Land Use Regulations (6NYCRR
Part 661) no permit is required under the Tidal Wetlands AcL Please be advised, however,
that no construction, sedimentation, or disturbance of any kind may talm place seaward of the
tidal wetlands jurisdictional boundary, as indicated above, without a permit It is your
responsibility to ensure that all necessary precautions are talon to prevent any sedimentation
or other alteration or disturbance to the ground surface or vegetation within Tidal Wedands
jurisdiction which may result from your project. Such precautions may include maintaining
an adequate work area between the tidal wetland jurisdictional boundary and your project
(i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale
berm.
Please be further advised that this letter does not relieve you of the responsibility of
obtaining any necessary permits or approvals from other agencies.
Very truly yours,
MM Deputy Regional Permit Administrator
cc: En-consultants, Inc.
E.
File
Albert J. Krupski, President • h~O~OgUfFO[,p~oGy • Town Hall
John Holzapfel, Vice President 53095 Main Road
William G. Albertson y ; = P.O. Box 1179
Martin H. Garrell Southold, New York 11971
Peter Wenzel 1*1 ~.a0 Telephone (516) 765-1892
Fax(516)765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
August 25, 1995
Mr. Roy Haje
En-Consultants Inc.
1329 North Sea Road
Southampton NY 11968
Re: FRANK PALUMBO
SCTM #33-1-7
Dear Mr. Haje,
According to the information given, and a copy.of the survey
submitted, the Southold Town Board of Trustees have found this
project out of our jurisdiction under the Town Wetlands
Ordinance.
If you have any questions, please call our office.
Yours truly,
Albert J. Krupski, Jr.
President, Board of Trustees
AJK/djh
cc. Bldg. Dept.
CAC
ENGINEERING REPORT
SCTM 1000-33-.1-7
Lot 108 Section 4
Map of Eastern Shores
PREPARED FOR:
Frank N. & Louise O. Palumbo
Joseph Fischetti, P.E.
Hobart Road
Southold, NY 11971
(516) 765-2954
Palumbo Report Page 1 of 3 - August 29, 1995
.
Joseph Fischetti / Professional Engineer
An inspection of the vacant property known as lot 108 of the map of Eastern Shores
was made on August 24, 1995. The inspection was made to evaluate a request to the
Southold Zoning Board of Appeals for a 55 foot setback from the top of the bank on the North
side of the property.
The lot in question has an area of 29,116 square feet. The lot is densely vegetated with
old growth of deciduous and pine trees in the upland portion of the lot. The upland topography
of the lot indicates a gentle sloping away from the top of the bank to Sound Drive. The soil
conditions indicated on the soil boring on the filed map for the upland area are topsoil and sand
and gravel. The sloped bank on the northern part of the property is vegetated. The August 13,
1995 survey of Roderick Van Tuyl indicates the top of the bank in 1968-69 and 1995 are the
same. While there is some indication of minor erosion in the bank, the bank has been stabile
over these 26 years. While other areas of Southold's North shore line have experienced
erosion, the stability of this area may be due to a number of factors, but one of the major
factors after visiting the site, may be the presents of large boulders located on the beach area
which are protecting the toe of the bank from erosion.
It is my opinion that the construction of the home 55 feet from the top of the bank,
with an excavation limit of 50 feet should have no detrimental effect on the existing bank. The
grading adjacent to the proposed home should allow all rainfall runoff to run in a southerly
Palumbo Report Page 2 of 3 - August 29, 1995
Joseph Fischetti / Professional Engineer
direction from the bank which will be consistent with the present conditions.
S~rSE OF IVfW y0
* ~Qa FISCyFr'
CERTIFICATION:
J z
r '
m
Fo 0s2~10
AROPCs 0
This report of findings is attested to and submitted this
August 29, 1995
Joseph Fischetti, Jr. P.E.
Palumbo Report Page 3 of 3 - August 29, 1995
ENGINEERING REPORT
SCTM 1000-33-.1-7
Lot 108 Section 4
Map of Eastern Shores
PREPARED FOR:
Frank N. & Louise O. Palumbo
Joseph Fischetti, P.E.
Hobart Road
Southold, NY 11971
(516) 765-2954
Palumbo Report Page 1 OT -3 -August 29, 1995
Joseph Fischetti / Professional Engineer
An inspection of the vacant property known as lot 108 of the map of Eastern Shores
was made on August 24, 1995. The inspection was made to evaluate a request to the
Southold Zoning Board of Appeals for a 55 foot setback from the top of the bank on the North
side of the property.
The lot in question has an area of 29,116 square feet. The lot is densely vegetated with
old growth of deciduous and pine trees in the upland portion of the lot. The upland topography
of the lot indicates a gentle sloping away from the top of the bank to Sound Drive. The soil
conditions indicated on the soil boring on the filed map for the upland area are topsoil and sand
and gravel. The sloped bank on the northern part of the property is vegetated. The August 13,
1995 survey of Roderick Van Tuyl indicates the top of the bank in 1968-69 and 1995 are the
same. While there is some indication of minor erosion in the bank, the bank has been stabile
over these 26 years. While other areas of Southold's North shore line have experienced
erosion, the stability of this area may be due to a number of factors, but one of the major
factors after visiting the site, may be the presents of large boulders located on the beach area
which are protecting the toe of the bank from erosion.
It is my opinion that the construction of the home 55 feet from the top of the bank,
with an excavation limit of 50 feet should have no detrimental effect on the existing bank. The
grading adjacent to the proposed home should allow all rainfall runoff to run in a southerly
Palumbo Report Page 2 of 3 - August 29, 1995
Joseph Fischetti / Professional Engineer
direction from the bank which will be consistent with the present conditions.
9~rtE OF NEB y0
ON FISCyfr
y
CERTIFICATION:
A
~W
~O 44k. 052910 C>2
p~OFfss ION PIN- ~a
This report of findings is attested to and submitted this
August 29, 1995
Joseph Fischetti, Jr. P.E.
Palumbo Report Page 3 of 3 - August 29, 1995
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6 0
APPEALS BOARD MEMBERS gUFF0Jt04o
~ Gy Southold Town Hall
Gerard P. Goehringer, Chairman co
53095 Main Road
- Serge Doyen, Jr. rn x P.O. Box 1179
James Dinizio, Jr. O Southold, New York 11971
Robert A. Villa Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
August 18, 1995
S.E.Q.R.A.
TYPE IT ACTION DECLARATION
Appeal No. 4333
Project/Applicants: Frank Palumbo
County Tax Map No. 1000 33-1-7
Location of Project: 3200 Sound Drive, Southold, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Construct one-family dwelling with insufficient setback from bluff
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been
submitted; however, Section 617.13 of 6 NYCRR Part 616, and
Section 8-0113 of the Environmental Conservation Law, this
variance application falls under the Type II classification as
established by law. Further, this Department may not be an
involved agency under SEQRA {Section 617.13(a) as amended
February 14, 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 SEQRA determination as an involved
agency.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board members.
Copy placed in ZBA project file for record purposes.
me
• 0
APPEALS BOARD MEMBERS ~o~OgUfFO(~ cOG Southold Town Hall
Gerard P. Goehringer, Chairman o y` 53095 Main Road
Serge Doyen, Jr. cc x P.O. Box 1179
James Dinizio, Jr. G Southold, New York 11971
Robert A. Villa Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
September 5, 1995
Rudolph H. Bruer, Esq.
P.O. Box 1466
Southold, NY 11971
Re: Appl. No. 4333 - Frank Palumbo (Genevieve Staley)
Dear Rudy:
Attached please find a copy of the Legal Notice published by our
office for the above-noted public hearing to be held on Wednesday
night, September 13, 1995 at the Southold Town Hall.
At this time we ask that the enclosed "Notice" be posted at the
subject premises in a conspicuous place (facing the road on a stake, or
if necessary a tree) where it can be easily seen by passersby. After
it has been posted for five days, please return the enclosed
confirmation to us by mail or you may submit it during the hearing.
Thank you.
Very truly yours,
Linda Kowalski
Enclosures
APPEALS BOARD MEMBERS ~o~~gUFFO(,f co
Gy Southold Town Hall
Gerard P. Goehringer, Chairman c i 53095 Main Road
Serge Doyen, Jr. y x P.O. Box 1179
James Dinizio, Jr. O g Southold, New York 11971
Robert A. Villa y4j~1 ~a0~ Fax (516) 765-1823
Lydia A. Tortora Telephone(516)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
BOARD OF APPEALS:TOWN OF SOUTHOLD
------------------------------------x
In the Matter of the Application
of
FRANK PALUMBO
-------------------------------------x
CONFIRMATION OF POSTING
I, residing at
being duly sworn, depose and say:
That on the day of September, 1995, I personally posted
the property known as "3200 Sound Drive, Southold, NY" by placing
the Town's official poster Notice on a tree or stake at the front of
the property, facing the road where it can be easily seen, and that
the poster has remained in place five days prior to the date of the
public hearing (date of hearing noted thereon to be held Septem-
ber 13, 1995.)
Dated: September , 1995.
(signature)
•
APPEALS BOARD MEMBERS ~~gUFFO(kc~
h~0 G, Southold Town Hall
Gerard P. Goehringer, Chairman c :'c 53095 Main Road
Serge Doyen, Jr. ze P.O. Box 1179
James Dinizio, Jr. ~o Southold. New York 11971
Robert A. Villa a yh O~ " Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, that the following public
hearing will be held at a Regular Meeting of the SOUTHOLD TOWN BOARD
OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New
York 11971, on WEDNESDAY, SEPTEMBER 13, 1995 commencing at the
times specified below:
1. 7:32 p.m. Appl. No. 4331 - DAVID AND CLAIRE AIR. Variances
based upon the August 1, 1995 Notice of Disapproval issued by the
Building Inspector under the Zoning Ordinance, Articles XXIV, Section
100-241A and 100-243A, and XXIII, Section 100-239.4B, for a building
permit to construct. structural alterations and increase floor area of
principal building with nonconforming front yard and sideyard setbacks and
with nonconforming use(s), and to construct deck additions, seaward of
existing building setback line (within 75 feet of seawall). Location of
Property: 2072 Village Lane, Orient; Parcel No. 1000-24-2-27.
2. 7:35 p.m. Appl. No. 4327 - ROBERT AND DENISE WHELAN.
Variance based upon the July 31, 1995 Notice of Disapproval from the
Building Inspector, Article IIIA, Section 100-30A.4 (ref. 100-33), for a
building permit to construct accessory building in an area other than the
Page 2 - Legal Notio •
Regular Meeting of September 13, 1995
Southold Town Board of Appeals
required rear yard. The subject property contains an area of approx.
20,400 sq. ft. Location: 160 Bungalow Lane, Mattituck; Parcel ID
#1000-123-2-2.
3. 7:43 p.m. Appl. No. 4326 - STANLEY and SHARON SWANSON.
Variance based upon the August 5, 1995 Notice of Disapproval from the
Building Inspector, Article IIIA, Section 100-30A.3 for permission to
exchange property (lot line adjustment) which will reduce the required
total area of parcel 1000-141-2-21.5 (owned by Robert Hamilton) and
increase the area of parcel 1000-141-2-15 (owned by Stanley and Sharon
Swanson) by approx. 8,129 sq. ft. Property Location: Southerly side of
Horton Avenue, Mattituck; Also referred to as part of Lot #3 on the
Minor Subdivision Map approved 4-12-93 by the Planning Board for
Robert D. Hamilton.
4. 7:47 p.m. Appl. No. 4328 - ROBERT FEGER and THERESA
TAYLOR. Special Exception under Article IIIA, Section 100-30B for an
Accessory Bed and Breakfast Use in conjunction with the owner's existing
single-family residence for the purpose of renting and serving of breakfast
to a maximum of six (6) transients not more than three bedrooms
(maximum). Location of Property: 5370 Nassau Point Road, Cutchogue,
NY; Parcel No. 1000-111-8-19.
5. 7:50 p.m. Appl. No. 4330 - FLORENCE TILDEN_ Variance based
upon the July 26, 1995 Notice of Disapproval from the Building Inspector,
Article IIIA, Section 100-30A.3 for permission to construct garage addition
Page 3 - Legal Notico •
Regular Meeting of September 13, 1995
Southold Town Board of Appeals
to dwelling with an insufficient front yard and fide yard setbacks.
Location of Property: 3100 Deep Hole Drive, Mattituck, NY; Parcel No.
1000-115-17-14.
6. 7:55 p.m. Appl. No. 4329 - CHRISTOPHER MAUCERI. Variance
based upon the July 24, 1995 Notice of Disapproval from the Building
Inspector, Article XVIII, Section 100-181C(3) for permission to construct a
single-family dwelling with insufficient front yard setback in this cluster
development. Location of Property: 1455 Evergreen Drive, Cutchogue,
NY; County Tax Map Parcel No. 102-1-4.4.
7. 8:00 p.m. Appl. No. 4332 - ARTHUR HAF. Variance based upon
the August 6, 1995 Notice of Disapproval from the Building Inspector,
Article IIIA, Section 100-30A.4 (ref. 100-33C) for permission to construct
detached, accessory garage in a frontyard area on this waterfront parcel
w0ith reduced setback. Location of property: 1020 Strohson Road,
Cutchogue, NY; Parcel No. 1000-103-10-25.
8. 8:05 p.m. Appl. No. 4334 - ESTATE OF CLOTILDA OLIVER.
Variance based upon the August 18, 1995 Notice of Disapproval from the
Building Inspector, Article XXIV, Section 100-241 for permission to
re-establish nonconforming retail sales use in this M-II Zone District.
Location of Property: 64355 Main Road, Greenport, NY; Parcel No.
1000-56-4-21.
Page 4 - Legal Notice
Regular Meeting of September 13, 1995
Southold Town Board of Appeals
9. 8:10 p.m. Appl. No. 4333 - GENEVIEVE `STALEY and FRANK
PALUMBO, as Contract Vendee. Variance baaed upon the August 16,
1995 Notice of Disapproval from the Building Inspector, Article XXIII,
Section 100-239.4A(1) for permission to construct a new dwelling within 100
feet of the top of the bluff or bank of the Long Island Sound. Location of
Property: 3200 Sound Drive, 'Routheid, NY; Parcel No. 1000-33-1-7.
10. 8:15 p.m. Appl. No. 4335 - HELENE BULGARIS and SUZANNE
FONDILLER. Variance based upon the August 9, 1995 Notice of
Disapproval from the Building Inspector, Article IIIA, Section 100-30A.4
for permission to amend building permit for the construction of an as-built
inground swimmingpool as an accessory structure in an area other than the
required rear yard (instead of as an attached structure). Location of
Property: 1575 Captain Kidd Drive, Mattituck, NY; Parcel No.
1000-106-05-17 & 18.
11. 8:20 p.m. Appl. No. 4317 - EDWIN and DONALD TONYES.
(Carryover from July 12, 1995 for continuation). Property location:
55465 Main Road, Southold. HB Zone District.
The Board of Appeals will at said time and place hear any and all
persons or representatives desiring to be heard in the above matter.
Written comments may also be submitted before or duruig this hearing. If
you wish to review a file or need to request more information, please do
Page 5 - Legal Notil
Regular Meeting of September 13, 1995
Southold Town Board of Appeals
not hesitate to call 765-1809 or visit our office.
Dated: September 1, 1995. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEIiR1NGER
CHAIRMAN
By Linda Kowalski
~Qg~FFO(,rco
JUDITH T. TERRY o~Q Gy~ Town Hall, 53095 Main Road
TOWN CLERK CA at P.O. Box 1179
REGISTRAR OF VITAL STATISTICS Southold, New York 11971
MARRIAGE OFFICER Fax (516) 765-1823
RECORDS MANAGEMENT OFFICER Ol # ~a Telephone (516) 765-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Zoning Board of Appeals
FROM: Office of the Town Clerk
DATE: August 18, 1995
RE: ZONING APPEAL APPL. NO. - 4333 - FRANK N. PALUMBO
Transmitted herewith is Zoning Appeal Appl. No. 4333 - FRANK N.
PALUMBO together with the Rider Attached to Application, the
Notice of Disapproval from the Building Department, the Notices to
Adjacent Property Owners, the Short Environmental Assessment Form,
the Zoning Board of Appeals' Questionnaire, a copy of the deed, a
copy of a letter dated August 1, 1995 from Genevieve Staby authorizing
Rudolph Bruer to appeal on the application of Frank Palumbo, a map
of the proposed construction and a survey map.
Judith T. Terry
Southold Town Clerk
F
7 .
Dublin Road
DeRuyter, New York 13052
August 2, 1995
Board of Appeals
Town of Southold
53095 Main Road
Southold, New York 11971
RE: Premises: 3200 Sound Drive
Greenport, New York
Suffolk County Tax Map #1000-033-001-007
Dear Sirs:
The undersigned, owner, of premises known as 3200 Sound Drive,
Greenport, New York, Suffolk County Tax Map #1000-033-001-007,
hereby authorizes Rudolph H. Bruer, Esq. to appear on the application of
Frank Palumbo, contract vendee said premises, for a variance to permit
the erection of a single family dwelling and garage on subject premises.
r R#tRIVED
1 9. /5 A.11-j.
(AUG a 8 1995
TOWN OF SOUTHOLD, NEW YofiRuthold Town Clerk
APPEAL FROM DECISION OF BUILDING INSPECTOR y 3 33
APPEAL NO.
DATE ....August 1995
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) Frank N. Palumbo of 2555 Youngs Avenue, Unit 17-A
ame of App...e..ll.ant
Street and Number
Southold
.....................ty.................................... 14X........... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR (Ak)S9p( Notice of DisapprovaJATED .....AuguSL...16r 1995
WHEREBY THE BUILDING INSPECTOR DENIED TO
Frank N. Palumbo
Nome of Aoplicant for permit
of
_,,,,,,,2555 Youngs Avenue, Unit 17, Southold, New York
.
Street and Number
..lity State
( ) PERMIT TO USE Municipa.
( ) PERMIT FOR OCCUPANCY
(X) PERMIT to construct a single family dwelling
L LOCATION OF THE PROPERTY 2AQ„Sound Drive, Southold R-40
District 1000 Section33 Blockl Street /Hamlet ................D.......istrict.......on....Zoning.. Map...
/ Use
- Lot 7 Current Owner
Map No. 4585 ' W " "'4 Genevieve Staley
Lot No. Prior Owner Claude W. Staley
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article XXIII Section 100-239.4 A.(1)
3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box)
( ) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Low Chap, 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
(X) Area Variance
4. PREVIOUS APPEAL A previous appeal Av=11 (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such Gppeol was ( ) request for a special permit
( ) request for a variance
and was mode in Appeal No
..................Dated
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
is requested for the reason that the applicant would be unable to build a house as setforth
on the attached surveys.
M,asawaForm..znr.-
(Continue on other side)
REASON FOR APPEAL Continued
I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
SEE ATTACHED RIDER
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because for the most part all the other
adjoining properties have been-built upon and said buildings has been located
approximately the same distance from the bluff, or less, as-the aubject property.
That the premises to the east was granted a similar variance for the location of a
dwelling on May 11, 1987, Appeal No. 3621. The applicant is asking the same relief,
i.e., to be able to build 55 feet from the bluff.
3. The Variance would observe the spirit of the O dinonce and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the house location, as requested,
observes the spirit of the Ordinance and anything else would make it out of
character with the character of the district.
r/N
STATE OF NEW YORK ss 1.
COUNTY OF SUFFOLK ) Signature
14th August 95
Sworn to this day of 19
Notary Public
RUDOI PH H. RRUER
Notary Public, State at New York
No. 52-0465630, Suffolk County
Commission Expires March 30, 19 9`
N81'RTBR'--- S'1'A'I'E OF NEW YORK)
1~ tI 767 of Me COUNTY OF SUFFOI7C:
1 ! 'stPabae afde.alpfp
uwi-il'^-"'' rat Rryelu MxlkgMRbe' r1~lU M. WC1L(
191ed of His)(SOUTHOLO 30WN BO RD I a, Of MBItItUCk,
-OOD'B819APPBAL3• u the Smnhotl noon hit in said County, being duly mom, says that he/she Is
JAglnog goes 113M Main H'RRaoDNRSDAY, Somhmq New ym SBPrIM.t
1 pee Xe2seli Principal Clerk of THE SI1F7eO1.K TIMES, a Weekly
sea 1419PSeortmlte~y.ide fitm Newspaper, published at Mattituck, In the Town of
If '
'd 1. 77.32 m. past pjo 417 Southold, County of Suffolk and Slate of New York,
pros MIA DAVID and CLAIRRADI Vad.mns and that the Notice of which the annexed Is a
ue dllllid 01 based ease the August 1. 1993
P~ of Dhaparov.l idled b • the Buiilde printed copy, has been regularly published In said
I'W'(1'" buac'ew tender the Zoning Ordinance Newspaper once each week for
I weeks
)III 'testae WAttacks W XXIV, "ca IOa241A.m
suepJep Rdaz43A. °~'dyxx111„Sanor 1ao s ceae Yely, commOpc_Ing on the day of
H ~NPQebil-• t!
j"lirue("Skuciuid rali
aiinr OI7 sith~ sons Ofpduclied 6uildini
H f 1 ucaful, a tug tests ~
sidey.ad ,n6, end wimy end
.,it, r svsot,A sand b connotes duek
a
)NltlllDBn£ edddra snack k rdo/ed,Xng building
1 umey Lauiod of Mgdg73 CHRISTINAVOLINSKI
rem ofenswal0. - PlPpmty. 2072 VII -tiI17ofsry Public, State New York Principal Clerk
Lane 2. 7e~g': 90P24-q2 I ( l~ No. 600488 84 Pat.
ROBERT ~o. g327 1 Ouellfied in SUHolk Coumy /u~'~~
and DR.
h : Commission Expires November 23, 1S a "Q. yel//A/tl u
~cnceOf 4e July 311993 r•ep v l..lE/W17
Bellelna ire nsPPmr/l . been the Atr
And Notary Public
Semlon i~ IIIA< II\;\~
00.JOA4(rtf. AU0.3s
D),Jwa
building Permit In egnvver see -
g in m Inns ether the tut
leq.1 ere sari. Yle Swom to before me this
h M w uea of uk.pp*1 w
_ 'd q IwLr day ofl8_qS
3. 7a
Location of Pm. 31m
Deep Ho diva, M hock
J4 NY;
.1" :5
Ne. 5 l P.M. 113-17-N.
6- .
CRBBTOP MAutERL
1995
Nadree elop
naveseal rer; 1993
otlee of
Building I U seser, Ind tent: lad
Saudi" I1-HHC ) Antes XVIIL
caress 100.181C(3)fm Pinnir
cvaucnsav ,dogs- dwelling ng with
lualesm from yard yreu a Ltuct-In At,
cnclutu Oewbecuc
Papery: 1 apreen Con D se o of
Pacer NO1 NY NY; County 710 M
Map
Pacer NO. 10-34A.
`7. 3:00 Per, APPI. No. 4332 -
ARTHUR RAF. VMreee bred upon
the Augur 6, 1993 Nmloe of
Diugnonl front the Building
lapm en. Article IRA,. Senion. 100.
30AA (rd.100.33C) axinonquics r
ttramet demehed, nciestrin'y4ma, in'
fimnyem reek to ads watemrnt Pan-
. ttl wise ttdlleed m1Wck: foeatlse of
pmpeny:'Im0' Stmhun Road,
Cntelrgue, NY; Precel No. 1000.103-
10.23.
-`8. 8:05pm. AppL.:NO. 4334 -
BSI'A78 OFCL077LDA OLIVER.
. 1993 moo n0osa the August HL
Bvildln 1 IxaPPCOUI from the
e' apenor. Arabia XXIV,
Sensn.100.241 I. perrsder an m
~ra6Nkeb're/paolonfamdn~ceta~l ulry
~1`~ale di_ann~.acmbn
.Or PropcnY 64355 Main Road,
Orensaa t. NY; Prat No, 1000.361
.21. #
' 9., a10, Appb No.1 -
3
GxNNX!FALUMBO, T- ;:said
NK
FRA-a;Coatrmt
lanes. bred -vpon'.the
-A. 16.1
vgrr eolDbappuul
horn ac B.Ihs Iaepmtos Article
I L S Senbn 100.2394,4,(1) fr pm-
rdiabo to aorlram a rnw.dwma,
Mchin Imfttl of tie rP Of see bsBor
-bola;"of,`ds'long'hsiui_CSobrui.
I.aa6oli; ol:Properry;';32m Sa
3 d1- SobWoW, NY. Peal No.'1 ad
000.
33-1-7.
'lU.'8:13 pm Appl. No. 43M -
HELENB BVLOABLE sand
S[IZANNR FUND
d3,xB V4,sma
bred open. de Anguet g' 993 No&e
Of oil. 11 I'M the Building
In,Pmre Is IIIA, Section 700
30A.1 fee pemdmion. k, nalmd build-
nerPnluitfmlhecars mtormr-
bulk ingested ,winsurn um as an
acn,wry structures in an pro odor
an ON cequiced tam Yard ranged of
r an attached ,miqum).'lsanstise of
PaoPe*!Y;'. IS73,C.agde KIM Drier,
Mammck. NY; Preen No. 1000-X16
03-174,18.
11. 8:20 P.. APPL Na 4317 -
RDWIN was DONALD TO14M
(Cmyonto Bern leis 12, 1991 Farrar
dnadmd. resisters ken". 33466
Main Road, Southold. He Tom
DS dn.
77e Board
S. r a Appnsle will r ui6
read Plea her arty sets dl pe saw
m 'Preueadvm 4ddng m 6e hnsM
s the above canto Written ttravvenb
nryaho bir etbrited before or during .
this boles. if you wish an rtvlew a
OIe or need to request moat !fire".-
amt prose do not hnsiar 10,111765-
0.rcUse vhil ored: September 1, . 19 1995.
BY ORDER OP
THESOOIHOLD
TOWN BOARD OF APPEALS
OERARD P. OOEHRINOBR
CHAIRMAN
8467-ITS7 BY Linda Kowals-l
BOARD OF APPEALS. TOWN OF SOUTHOLD
In the Matter or the Petition of
°
Frank N Palumbo NOTW E
. TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: Ms. Jean M. Grover PROPERTY OWNER
Mr. Michael S. Gilliland Southold Town Building Dept.
P.O.BOX 862 -and- 521 Grandhill -and- 53095 Main Road
3300 Sound Drive St. Paul, MN 55102 Southold, NY 11971
Greenport, NY 11944
YOU ARE HEREBY GIVEN NOTICE:
1. Th a intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a Variance [circle choices
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 3200 Sound Drive, Southold
SCTMll1000-033.00-01.00-007.000
3. That the property which is the subject of such Petition is located in the following zoning district:
R-40
a That b~ such Petition, the undersigned will request the following relief:
to construct a house no closer than 55 feet from the bluff lin
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article XXIII Section 100-239.4 A.0)
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there
examine the same during regular office hours. (516) 795-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: August L41 1995.
;~N&- ~x
Petitioner Frank N. Palumbo
Owne rs'Name s: Genevieve stal ey
Post Office Address
c/o Edson and suer P 0 Sox 1466
Southold New York
Tel . No. ( 516 ) 765-1222
[Copy of sketch or plan showing proposal to be attached for convenience
purposes.]
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAM ADDRE
Z 000 246 547 Z pn Li 548
Z. i000 246 546 Receipt for
Recetp or r Receipt for
lill Cer t to ail Certified Mail
Certified Mail No Insurance Coverage Provid r_ No Insurance Coverage Provided
No Insurance Coverage Provided r Do not use for international M o>^,:, z.:~r Do not use for International Mail
Do not use for international Mail (See
eJ Reverse) (See Reverse) /
(Se Reverse) I~S LoE 5 0 ! l
mt
_ ~11 na No. Street No.
Sire N /
yrIcf P. , tat a 4 7111, _ P. rate an '17/
p ate end ZIP C oe e _D5/0
J/p / 7 1 Postage V $ Postage s
'Poa7age ~ ~
CenneJ Fee Certllead Fee 3~ Carol Fee
5p, is Deweq Fee / D Special Delivery Fee 1/0 Special Delivery Fee U
Restr Restricted Delivery Fee
Deslnclee DelS(ry Fee
e ecei0l ShoWW~~99 0 Relmn Race,,
Reurn Rocepl SYowtng t om a Is Del~red to Who a
W ro Whom & Dale Deliver,, / V Return ui~t Showing to Val
2 Ds" '^n R ing to s VOW&
L Demrn Rec owin an she vow 's qd ~a Date, bXes 's Address
a
011 2 TOT P eTAL es Poe TOT q~stage
e ees V`! ~y a Fegitiiiiiii
O &F v I'V
ostmark or Date Pos ark or Date s C
Q
CID
Po er Da~ RECD V ~r
to
STATE OF NEW YORK )
COUNTY OF SUFFOLK) ss.:
Melissa A. Eckhardt residing at 955A.Deep Hole Drive Mattituck NY
being duly sworn, deposes and says that on the day
of AllQUSt ,19 95 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to cacti of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Southold ; that said Notices were mailed to each of said persons by
(certified) ( mail.
`~d Q 1 i ~St1 l
Melissa A. Eckhardt
Sworn to before me this
day of August .19 95
,Li to . l
Notary Public
OEM W~. ~y
rbt.tYP
Guen Coal
it'~ t 1 I $
CetmnnW
r
(This side does not have to be completed on form transmitted to adjoining
property owners.)
1.16.4121871-Test 12
PROJECT I.D. NUMBER 617.21 SEOR
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT ISPONSOR 2. PROJECT NAME
Frank N. Palumbo
7. PROJECT LOCATION:
Municioallty Southold County Suffolk
4. PRECIse LOCATION (still sadists and read intersections. premsamt lam motaa, etc, w provide maxi
3200 Sound Drive, Southold, NY
See attached map
5. IS PROPOSED ACTION:
® New ? Esdansion ? Modinptiorvalteretlon
S. DESCRIBE PROJECT BRIEFLY: '
To construct a single family dwelling.
7. AMOUNT OF LAND AFFECTED:
Initially 29.116 acres Ultimately 29.116 act"
6. WILL PROPOSErDr~~ACnCN COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS7
?Yes 12NO It No. desCnba tonally
Proposed construction is less than 100 feet from the top of the bluff or bank.
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? -
0 Residential C ! industrial ? Commercial Q Agriculture ? ParelFOrestiOpen so". L1 Other
Oaaatta: .
10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY iFEDERAL
STATE OR LOCAW?
IN Yea ? No It ym list ago "to and permitiaooravals
Suffolk County Health Department
11. I-- DOES ANY ASPECT OF THE ACT%;.4 HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
0 Yes ya N^ It ye:. ilst agency name and permltlapprovai
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION?
? Yes M No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Aoolicandspon r name: _ Frank N. Palumbo Date.. L44ZZ25
signature:
It the action is in the Coastal Area. and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
(Continued on reverse side)
The N.Y.S. Environmental Quality Review Act requires submission
of this form, and an environmental review will be made Ly this board
. before any action is taken.
SHORT ENVIRONMENTAL ASSESSMENT FORM
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 completed 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 R NO
5. Will project significantly effect drainage flow
on adjacent sites? _Yes X No
6. Will project affect any threatened or endangered
plant or animal species? _Yes X No
7. Will project result in a major adverse effect on
air quality? _Yes ]L.NO -
8. 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 X No
9. Will project adversely impact.any site or struct-
ure of historic, pre-historic, or paleontological
importance or any site designated as a critical
environmental area by a local agency? _Yes X No
10. will project have a major effect on existing or
future recreational opportunities? _Yes X -WO - -
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 any impact on public health
or safety?
__Yes &_NO
14, will project affect the existing community by
directly causing a growth in permanent popula-
tion of more than S percent over a one-year
period or have a major negative effect on the -Yes `-No
Character of the community or neighborhood?
15. Is there public controversy concerning the
project?
_Yes X No
Preparer's Signature: I i" ems
Representing: Frank N. Palumbo -
ZBA 9/.75 Date: $/14/95
OUESTICNNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attached.)
Genevieve Stalev - Sellei
Frank N. Palumbo and Louse a um o, - P
B. Is the subject premises listed on the real estate market for
- sale or being shown to prospective buyers? {g } Yes
{ } No. (Sf Yes, please attach copy of "condi.tians^ of sale.)
C. Are there any Fraposals to change ar alter I=ti cantcurs?
{ } Yes {x} No
D. I. Are there any areas which contain wetland grasses? Bluff area
2. Are the wetland areas shown on the map submitted with
this application? YES
3. Is the property bullheaded between the wetlands area and
the upland building area? NO
4. If your property contains wetlands or pond you contacted the Office of the Town Trustees for its
ts
determination of jurisdiction? Yes, being done simultaneously herewith
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? N/A (If not applicable, state
F. Are there any patios, concrete barriers, bulkheads or feats
which east and are not shown an 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? NONE If yes, please submit.a copy
of your building permit and map as approved by the Building
Department. If none, please state-
H_ Do you or any co-owner also own other land close to this
parcel? NO If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations conducted at this
parcel vacant land and
proposed use one familv dwelling
Autaorized Signature and Date
3/87, 10/901k
§ 97-13 WETLAPIDS
. § 9T-13
TOWN - The Town of Southold.
TRUSTEES - The Board of Trustees of the Town of
Southold. (Added 64-84 by L.L- info. 6.19841
WE-17-U DS (Amended 8-26-76 by L.L. No. 2-1976.3-26-
85 by f I -No. 6-1985k
A. i1DAL 7tETLA.NIDS:
(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 ocher
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
gram saltworts, sea lavender, tall cordgrass, high
bush. cattails, groundseL marshmallow and low
march cordgra=andlur
(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 23. Ti-
tle 1. § 23-0107. Subdivisions 1(a) to 1(d) inclusive.
of the Environmental Conservation Law of the State
of New York: and
(2) All land immediately adjacent to a "freshwater wet-
land.' as defined in Subsection 30) and lying with-
in seventy-five (75) feet landward of the most land-
ward edge of a "freshwater wetland."
9705 x.:s-as
_ 51
Form 8002' 5/85-25M-tt,rga1•, and Sale ,will Co,,nant against Grouter's Act,-Individual twration. (single sheet)
CONSULT YOUR LAWYER BEFORE INNING THIS INSTRUMENT-7X15 INSTRUMEC OULD BE USED BY LAWYERS ONLY.
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10217 N561
THIS INDEN'IURE,made the 19th day of December , nineteen hundred and eighty-six,
BETWEEN CLAUDE W. STALEY, residing at 192 Central Avenue, Rye, New
York 10580,
party of the first part, and GENEVIEVE STALEY, residing at 29 Mianus Road, Stamford, r
Connecticut o4o9oz.
3 5 i party of the second part,
WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration
paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs
l-- I <j or successors and assigns of the party of the second part forever,
parcel o~~,xe~Sdttlblt~iAV3cViatgxR~~'~~~~~
ALL that certain plot, piece or situate,
lying and being>jRJhF near Greenport Village, Town of Southold, County of
t' Suffolk and State of New York, designated as Lot No. 108, on a certain
000 map entitled, "Map of Eastern Shores at Greenport, Section Four
and filed in the Office of the Clerk of the County of Suffolk on
33fDO March 7, 1966, as Map No. 4586.
1 TOGETHER WITH beach rights and access thereto as described in grant
l0D
made by H.' J. S. Land & Development Corp. and J. M. S. Land & Develop-
ment Corp. to Eastern Shores, Inc., dated the 17th day of March, 1965,
07-CUB and recorded in the Suffolk County Clerk's Office on March 18, 1965,
in Liber 5716 at page 16.
Being part of the premises conveyed to Frank Sturm by H.J.S. Land &
Development Corp., by deed, dated June 23, 1972, and recorded in the
Office of the Clerk of the County of Suffolk on June 27, 11,172, in
Liber 7185 at page 258, and subject to the covenants and restrictions
set forth therein, and the same premises conveyed by Frank Sturm to
Claude W. Staley, by deed dated January 17, 1974 and recorded on
January 21, 1974 in Liber 7573 at pagge 544. Also, being the same
premises conveyed by deed by Robert H. Huntington to Claude W. Staley,
the grantor herein, dated February 13, 1985 and recorded March 29, 1985
in Liber 9762,page 113.
t- E~
hIAP JAN 1 Z 19$7,
TAT
NATION LInd RANSFFR TAX
TOGETHER with all right, title and interest, if any, of the party of the first part in o K nd
roads abutting the above described premises to the center lines thereof; TOGETHER the
an d all the estate and rights of the party of the first part in and to said premises; L AND TO
HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of
the party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been encumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
the first part will receive the consideration for this conveyance and will hold the right to receive such consid-
eration as a trust fund to be applied first for the purpose-of paying the cost of the improvement and will apply
_ the same first to the payment of the cost of the improvement before using any part of the total of the same for
any other purpose.
The word "party" shall be construed as.if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above
written.
IN PRESENCE OF:
Claude W. Stal y
1