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HomeMy WebLinkAbout4105 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD S.COTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4105: Upon Application of JOHN J. FIORE for a variance under Article III, Section 100-33 for permission to locate accessory swimmingpool structure and fence enclosure in an area other than the required rear yard. This parcel contains an area of approximately 28,000 sq. ft. and is located in the R-80 Zone District. Location of Property: 3100 Cedar Beach Road (and the westerly side of Sunset Way) at Bayview, Southold, NY; also known as Cedar Beach Park, combined Lots No. 158 and 159; County Tax Map Parcel ID No. 1000-91-1-5. WHEREAS, a public hearing was held on June 4, 1992, and at said hearing all those who desired to be heard were heard and their testimony recorded; 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. By this application, appellant seeks a variance under Chapter 100, Article XXIII, Section 100-239.4B for permission to construct a 20 ft. by 40 ft. inground swimmingpool. The survey map amended May 7, 1992, prepared by Roderick VanTuyl, P.C. shows the pool proposed in a front yard location approximately 71 feet from the easterly (front) property line along Sunset Way and 45 feet from the northerly (front) property line along Cedar Beach Road, the length of which is parallel with Cedar Beach Road. 2. The premises in question is a substandard parcel in this R-80 Residential Zone District having a lot area of identified on the Suffolk County Tax Maps as District 1000, Section 91, Block 1, Lot 5 contains a total lot area of approximately 35,000 sq. ft. and 118.07 ft. frontage along Sunset Way. 3. The dwelling which exists is presently set back approximately 96 feet from the easterly front property line and 144+- feet from the northerly front property line. Its present Page 2 - Appl. No. 4105 Matter of GRACE FIORE Decision Rendered July 29, 1992 distance to the bulkhead is nonconforming and scales out to be 7+- feet. A wooden walkway (deck with steps) also exists between the house and the bulkhead. 4. Article III, Section 100-31C, and Section 100-33 of the Zoning Code, require all accessory buildings and structures to be located in the required rear yard. This application is to locate the entire structure in the front yard in order to meet the minimum setback requirement from the existing bulkhead at 75 feet. 5. It is noted that this parcel and the neighboring lots in this block are quite unique as to their shape, small size, character, and locale on this inlet. (For reference please see copy of the Suffolk County Tax Map on file.) 6. A public hearing was held and concluded on this application on June 4, 1992, pending receipt of the Town Trustees' action on the wetlands permit application under Chapter 97. Subsequently, on June 5, 1992 and June 22, 1992, the survey map was amended to show a proposed pool addition in an area other than the front yard (as applied herein) and with the necessity of other variances (such as rear yard and bulkhead setback reductions). The application before the board was for an accessory pool structure in the front yard. Proper notice must be given before the Board is permitted to consider this type of alternative and does have questions concerning the new location (which is substantially closer to the bulkhead, from 75 feet to less than eight feet, more or less). 7. It will be necessary for the applicant to apply to the Building Department with the new survey map and application. The Building Inspector will then issue a new Notice of Disapproval citing different grounds for disapproving the proposed construction, and the applicant may then apply for the new zoning variances needed. Once appropriate notice is sent and published as required by law, a hearing on the new application will be held. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to dismiss the application as submitted (for the reasons noted above.) e_ _of the Board:~Ayes: Messrs. Goehringer, Grigonis, ~-i_4~i~_~lla~ This resolution was duly adopted. AND souT on TMOn?* * APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS SCOT1~ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southotd, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before cne $OUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JUNE 4, 1992 commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4107 - RENEE PELLETIER. This is an Appeal of the May 14, 1992 Notice of Disapproval issued by the Building Inspector for a Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct a raised wooden walkway extending from the (easterly) front door to the existing (southerly) side deck. The proposed walkway is five feet in width, located with an insufficient front yard setback. This parcel has a lot area of 13,634 sq. ft. and is located in the R-40 Zone District. Location of Property: 550 Fasbender Avenue, Peconic; also referred to as combined Lots to 5~ inclusive, Map of Bailey Park filed 9/26/32 as No. 1097. County Tax Map Parcel ID No. 1000-67-6-4. #1 Page 2 - Legal Hearings for June 4, 1992 Southold Town Board of Appeals 2. 7:35 p.m. Appl. No. 4108 - DANIEL AND PAMELA TUTHILL. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish a "Bed and Breakfast Use," in conjunction with the single-family residency by the owner. This use is to be accessory and subordinate to the principal residential use, is for the rental of not more than three bedrooms, and is for lodging and serving of breakfast to not more than five casual and transient roomers. This parcel contains a lot area of 1.3876 acres in this R-40 Zone District. Location of Property: 32660 County Route 48 (and the westerly corner of Carroll Avenue), Peconic, NY; County Tax Map Parcel No. 1000-74-3-11. 3. 7:40 p.m. Appl. No. 4109 - MARGARET LEAHY. This is an Appeal of the April 27, 1992 Notice of Disapproval from the Building Inspector, Article III-A, Section 100-30A.3 for permission to construct deck addition to existing front porch with an insufficient front yard setback. This parcel has a nonconforming lot area of 12,500 sq. ft. and is located in the R-40 Zone District. Location of Property: 1185 Wiggins Lane, East Marion, NY; Cleaves Point, Section Three, Lot No. 79; County Tax Map Parcel No. 1000-35-5-8. 4. 7:45 p.m. Appl. No. 4101 - JOHN ROWAN (Property now or formerly of LUCIEN ARCAS). This is an Appeal under Article Page 3 - Legal Hearings for June 4, 1992 Southold Town Board of Appeals XXIII, Section 100-239.4 for a deck addition with an insufficient setback from the northerly property line. parcel has a nonconforming lot area of 33,637 sq. ft. R-40 Zone District. Extension, Southold, This in this Location of Property: 435 Soundview Avenue NY; County Tax Map Parcel No. 1000-50-2-16. 5. 7:50 p.m. Appl. No. 4111 - JOHN G. AND MARIE ELENA BRIM. Reques~-t~ ~en~ Variance tc t~~tennis court_~i_ partly in the front yard and side yard and with an insufficient setback from nearest wetlands, all as shown on the Amended Plan prepared May 12, 1992 by Chandler, Palmer & King. The provisions under which this Amendment is requested are Article III, Section 100-33, and Article XXIII, Section 100-239.4. Location of Property: Northerly Side of Private Road (extending off East End Avenue), Fishers Island, NY; FIDCO Block 18, Combined Lots IA and lB, having a total land area of 3.56+- acres in this R-120 Zone District. 6. 8:00 p.m. Appl. No. 4105 JOHN J. FIORE. A variance is requested under Article III, Section 100-33 for permission to locate accessory swimmingpool structure and fence enclosed in an area other than the required rear yard. This parcel contains an area of approximately 28,000 sq. ft. and is located in the R-80 Zone District. Location of Property: 3100 Cedar Beach Road (and the westerly side of Sunset Way) at Bayview, Southold, NY; Page 4 - Legal Hearings for June 4, 1992 Southold Town Board of Appeals also known as Cedar Beach Park, combined Lots No. 158 and 159; County Tax Map Parcel ID No. 1000-91-1-5. 7. 8:05 p.m. Appl. No. 4112 - HENRY AND BETT~ HINTZE. A variance is requested under Article XXIV, Section 100-244B for permission to construct deck addition and with a setback at less than 75 feet from the existing bulkhead, and under Article III, Secti~!QO-33 fer small access~-~k~ed in the front yard__~This parcel contains a total lot area of 14,500+- sq. ft. and is located in the R-80 Zone District. Location of Property: Right-of-Way extending off the easterly side of Pipes Neck Road, Greenport, NY; County Tax Map Parcel No. 1000-53-1-15. 8. 8:10 p.m. Appl. No. 4106 - LAWRENCE P. AND MARILYN HIGGINS. A variance is requested under Article XXIII, Section 100-239.4 for permission to expand deck by approximately 480 sq. ft., extending the existing deck seaward approximately 13 feet, all of which will be located within 75 feet of the existing bulkhead. This parcel contains a lot area of approximately 19,200 sq. ft. and is located in the R-40 Zone District. Location of Property: 830 Lupton Point Road, Mattituck, NY; County Tax Map Parcel No. 1000-115-11-16. 9. 8:15 p.m. Appl. No. 4104 - ANTONIO VANGI. A variance is requested under Article XXIV, Section 100-244 and Article Page 5 Legal Noti~' Hearings for June 4, 1992 Southold Town Board of Appeals XXIII, Section 100-239.4A for permission to construct addition to dwelling with a reduced easterly side yard and within 100 feet of the top of the L.I. Sound bluff. This parcels contains a total lot area of 25,135+- sq. ft. and is located in the R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; also referred to as Lot No. filed on March 15, 1968 as Map No. 5060; Designation: 1000-83-1-17. 1, Map of Vista Bluff County Tax Map 10. 8:20 p.m. Appl. No. 4110 (filed May 19, 1992). THOMAS E. COFFIN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition within 75 feet of the existing bulkhead. This parcel contains a total lot area of 19,985 sq. ft. and is located in the R-40 Zone District. Location of Property: 305 Gull Pond Lane, Greenport, NY; County Tax Map Parcel No. 1000-35-4-5 (now 28.25); also known as Lot 10, Map of Fordham Acres, Section One. 11. 8:25 p.m. Appl. No. 4098 TONY AND MARIA KOSTOULAS. (Hearing is reopened and continued from the May 7, 1992 concerning an Appea'l for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of deck extension (at or near ground level) and fence with an insufficient setback from the L.I. Sound bluff line. Location of Property: 1035 Page 6 Legal Noti~ Hearings for June 4, 1992 Southold Town Board of Appeals Aquaview Avenue, East Marion, NY; 1000-21-2-13. This property is area in this R-40 Zone District. County Tax Map Parcel No. nonconforming as to total lot 12. 8:30 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. (Continued from March 25, 1992). This is an Appeal for an Interpretation resulting from the October 11, 1991 Notice of Disapproval from the Building Inspector, as amended, under Article III, Section 100-31A(2) for approval of a wholesale shellfish distribution business and declaring that the aquacultural use falls within the purview of the agricultural use. The subject parcel is located in the Agricultural-Conservation (A-C) Zone District and contains a total area of 40,000 sq. ft. Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2; also known as Lot #3 of the Minor Subdivision of Judith T. Terry approved by the Southold Town Planning Board 10/1/79. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: May 18, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .~ . · Date...~.h .~. ............... ,19..~..,~. T .~.~. ..... ~/~ ~./2.<5z~ --~ ..~,.:~..~.z~ ......... ,,,~~/~,.~ ..... PLEASE TAKE NOTICE that your application dated .... ~. ~ .............. 19 .~ ~ County Tax Map No. I000 Section .... ~ ...... Block ...... / ...... Lot ..... ~ ..... Subdivision ................. Filed Map No. y ............... Lot No .................. is retu~ed herewith and disapproved on'the following,rounds d~ ~~ ~ ~~ .... l~.v. ~. ~. . . . ~~. :~~~ . .~~ ..... ,. . . . :.%.~:.~: ...... ~ ........... ~ ....~...~..~. ..... ~..., ...... .... ~ ..... ~ ~ .... ~. . . ~~ ~. · ................. .... ~ RV 1/~0 APPEALS BOARD MEMBERS Gerard P. Goehfinger, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 8, 1992 Dear Tom, ~_~_~ ~h~, Merl Wiggin has received a Disapproval dated 4/22/92 for a proposed pool in the front yard area and is ready to file the variance. Is it possible to amend the Disapproval, or issue a new Disapproval, to show the need for a variance within 75 feet of the bulkhead under Section 100-239.4 also? Mr. Wiggin will then be permitted to amend the application to include the second part of the variance, and we can advertise for relief under both 100-33 and 100-239.4. Thanks much. TOWN OF SOUTHOLD, NEW YORK oF BU'LD'NG ,NSPECTOR Seullmld Tewn TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHO/D, N. Y. NO. I 0 b Name of Appellant Street and Number Southold N.Y. ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED ................................. WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) ( ) Name of Applicant for permit of 5050 Sunset Way Southold N.Y. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY I. LOCATION OF THE PROPERTY 50~,g ~uQ$~.I; ~ '~ .... ,5..o. uthold N.Y. Street /Hamlet / Use District on Zoning N~p District 1000 Section 91 Block 1 Lot 5 ~ ..... . ........................................................... uF.=,,~ Owner Mr. John J. Finre Map No. .Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-33 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ( X ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Ca~s. Laaws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (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 Appea! No ................................. Dated ............................. , ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that the on!y space available for is in the front yard area. a pool ]ooation (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticaldiffJcultiesorur~s~ sar HARDSHIP becau~ this lot ~s a corner lot that makes it phys~1~.? impossible to locate a pool~e×cePt!in:an~ar, e'~ designated on front yard. - ..... A swimming pool Us considered a practica! sourc'e of enjoyment to the owner and family members as we1! as a source of physical fitness and freedom from jelly fish stings or occurences when swimming in the bay. 2. The hardship created is UNIQUE and is not shored ~ all prope~ies alike in ~e immediate vicinity of this property and in ~is use district because adjacent properties are not corner lots and a poo! could be more easi!y sited in a rear or side yard. CHARACTER OF THE DlSTR~CTbecause this type of accessory structure fenced and landscaped blends and of the residentia! nature The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE properly becomes part of the district. STATE OF NEW YORK ) ) COUNTY OF~o~c~CD/)~ ) SS Sworn to this ...... .,q-. ............................... day ..................................... 19 ~ ~ No. OWNER LAND IMP. z4oo 4 oo TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET REMARKS TYPE OF BLD. ~/O PROP. CLASS TOTAL DATE FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD TILLABLE WOODLAND MEADOWLAND HOUSE/LOT TOTAL COLOR /-,~-/~ 21 ~ ~1~ ~,~ ~7 Foundation Bath Dinette · CB Extension ~ [ff / ~ ~ I ~ ~ BasementSLABCRAWL 0 Floors Kit. Extension Ext. Walls ~ j ~)v/~ Interior Finish L.R. Extension Fire Place ~ O Heat ~, ~ D.R. Patio Woodstove BR. :Por~~ / 5 ~ ~0 ~ ~0 /, ~ ~0 Dormer Fin. B. Deck /? ~ /~ ~ ZZ~ Attic ~ ~X ~ (E~ RoomslstFIoor ~ ~ 7 ~ ~ Z~ Driveway Rooms 2nd Floor _/~/~)- F,/-/-~' TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER .' ! ST"Em'.,,~/DO WLU, G~ mST. SUB. LOT . ~ , ,~ -. S W ~PE OF BUILDING AGE ...'. ,, Tillable 2 '--~ ' , -.. Tillable 3 ~ ~ ~.~/~ Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot- ......... DEPTH "ULKH~D ,~-~ ~. ~/(F Tot~ ~ · ~ ~ DOCK COLOR iGarage Patio Walls ,Fire Place Roof Bath Floors Interior Finish Heat Rooms Ist Floor Room Rooms 2nd Floor Driveway LLC'"' ~,~'5, r~EFEI'~ TO"f'aA_P_.;.~'F. C_.E~.A~. ~EACP: 7/~ :_~.~'. ...~5,~,c .., '3g'P!CIE A5 k_?'°:%?· !*_×..~_~r .[)fl*: ::°:':2. ~ ' ,! :.~ ............ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTOR Of PLANNING August 10, 1992 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Fiore, John J. Coffin, Thomas E. 4105 4110 GGN:mb Very truly yours, Arthur H. Kurtz Director of Planning S/s Gerald G. New--om Chief Planne~ LEE DENNISON BUILDING · VETERANS MEMORIAL HIGHWAY · HAUPPAUGE, NEW YORK 1788 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article X/V of the Suffolk County A~l~strative Code, The Board of Appeals of the Town of Southold, Nm York, hereby refers the following to the Suffolk County Planning Cum.~ssion: Xx Variance from the Zoning Code, Article III , Section 100-33 __ Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No: 4105 Applicant: John J. Fiore Location of Affected Land: 3100 Cedar Beach Rd., Southold, County Tax Map Item No.: ]000- 91-1-5 Within 500 feet of: NY __' Town or Village Boundary Line 'XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Comments: Applicant is requesting permission.to locate swiraraingpool structure and fenCe enclosure in an area other than the required rear yard. Copies of Town file and related documents enclosed for your review. Dated: Aug. 3, 1992 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Diniz~o, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 August 3, 1992 Mr. Merlon E. Wiggin, Peconic Associates One Bootleg Alley P.O. Box 672 Greenport, NY 11944 President Re: Appl. No. 4105 John and Grace Fiore Dear Mr. Wiggin: With reference to the above variance application, the Board Members found that a new application would be necessary since the grounds of the initial Notice of Disapproval had changed substantially. In the original application, an "accessory pool structure" was proposed to be in the front yard area and located 75 feet from the bulkhead to avoid a bulkhead variance. In the permit issued by the Town Trustees, the pool structure is an "addition to the house" and is no longer in the front yard. Other variance relief would be applicable in the new plan. Attached for your records a copy of the written determination rendered by the Board of Appeals in the above matter. very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department Southold Town Trustees Suffolk County Department of Planning PECON C ASSOCIATES, INC. Environmental Planners & Consultants July 21, 1992 One Bootleg Alley P.O. Box 672 Greenport, New York 11944 (516) 477-OO30 Fax (516) 477-0198 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 SUBJECT: John & Grace Fiore, 5050 Sunset Way Southold, NY; SCTM # 1000-91-1-5 Appeal # 4015 Dear Members of the Board: Enclosed is the Town Trustees Record of Action on subject project, along with Site Plans. For clarity of detail, a larger scale Site Plan has been made in addition to the small scale survey plan which was used as part of the Trustee application. A copy of both is enclosed. Please note that as a result of on-site review with the applicant and the Trustees, the pool size has been reduced and relocated to a place almost entirely behind the existing bulkhead. Please advise if a modified or additional petition is required for subject project. Sincerely, PECONIC ASSOCIATES, INC. President Enclosures Per Text 0~3 TRUSTEES -: ~)t'John M. Bredemeyer, III, President Albert J. Krupski, Jr., 'Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 June 30, 1992 Peconic Associates One Bootleg Alley P.O. Box 672 Greenport, NY 11944 Re: John Fiore SCTM ~1000-91-5-5 Dear Mr. Wiggin: The following action was taken by the Board of Town Trustees during its regular meeting held on June 25, 1992 regarding the above matter: WHEREAS, Merlon Wiggin on behalf of John Fiore applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 8, 1992 and, WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations,. and, WHEREAS, a public hearing was held by the Town Trustees with respect. to said application on June 25, 1992 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE BE IT RESOLVED that the Board of Trustees approves John Fiore to construct a 16 X 40' inground swimming pool and to construct a retaining wall on east end and a 14' X 32" ramp and 6' X 24' floating dock with (2) 2 1/2" galvanized pipes attached to existing bulkhead. Drywells will be installed and old dock will be removed, new dock will extend no further seaward than 1/3 across the channel at MLT with boat at dock all in accordance with revised survey dated June 22, 1992. This permit will expire two years from the date it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. Permit will be issued upon payment of the following fees for work to be done below Mean High Water Mark: Ramp 14' X 10.6' = 149' X 2.00 = 298.00 float 6' X 24' = 144' X 2.00 = 288.00 ~ 586.00 Very truly yours, Bredemeyer, III President, Board of Trustee JMB: jt cc: Costello Marine h'%,P OF PEOPEF~TV '.--,, ~0 I ' _....,,,.., E ,'ED PECONlC ASSOCIATES, INc. Environmental Planners & Consultants June 23, 1992 Southold Town Board of Trustees Southold Town Hall Main Road Southold, NY 11971 One Bootleg Alley P.O. Box 672 Greenport, New York 11944 F~) 477.0(516) 477-0030 198 Re: Mr. John J. Fiore 5050 Sunset Way Southold, New York SCTM # 1000-91-1-5 Dear Members of the Board of Trustees: In accordance with the on-site field inspection on Thursday, June 18th, enclosed is a revised site plan locating the pool behind bulkhead constructed prior to September 20, 1977 and the installation of a 20' retaining wall as recommended. Please note the decreased width of the pool for 20' to 16'. Sincerely, PECONIC ASSOCIATES, INC. ~.,M.E. President cc: New York State Department of Environmental Conservation Southold Town Zoning Board of Appeals Mr. John J. Fiore File TRUSTEES - John M. Bredemcyer, Iii, ?resident Albert J. Krupski, .Jr., Vice President Henry E Smith John B. Tuthi!l William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Soutl~old, New York 11971 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. 1000-91-1-5 Chapt. N~a~E: John fiore Chapt. DATE: May 28, 1992 97 - Wetlands 37 Coastal Erosion RESOLVED that pursuant to Article 8 of the Environmental Conservation . Law, State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southo!d Town Trustees, as Lead Agency for the action described below, has determinad that the project will not have a significant effect on the ~nvironment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for tha same or similar project. A planting survey shall be submitted prior to final approval. TYPE OF ACTION: Type II DESCRIPTION OF ACTION: to construct 16' X 40' inground pool, retaining wall on east end 14' X 32" ramp, 6' X 24' floating dock w/ (2) 2 1/2" galvanized pipes attached to existing bulkhead. Dry, ells will be installed. Old dock will be removed, new dock will extend no further seaward than 1/3 across the channel at MLT with boat at dock. LOCATION:SCTM ~1000-91-1-5 REASONS SUPPORTING THIS DETE~4INATION: 1. An on site inspection has been conducted by the Board of Trustees. 2. An environmental assessment, submitted by the applicant and reviewed and completed by the Board of Trustees, has indicated that no significant adverse effects to the enviromment are likely to occur should the project be implemented as planned. Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. 4049 DATE: ..May 29, 1992 ISSUED TO John Fior~ ....... nlh rizalion Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893: and Chapter 404 of the Laws of the State of New York 1952: and the Southold Town Ordinance en- titled "REGULATING AND THE PLACINC~ OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, C~RAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS:" and in accordance with the Resolution of The Board adopted at a meeting held on May 28 19 92, and in consideration of the sum 'of $ 736.00 paid by Costello Marine on behalf of John Fior'e of N.Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: construct 16'X40' inground pool, retainign wall on east end 14' X 32" ramp, 6' X 24' floating dock w/ (2) 2 1/2" galvanized pipes attached to existing bulkhead. Drywells will be installed old dock will be removed, new dock will extend no further all in accordance with the detaiJed specifications as presented in the originating application. Survey date~ than 1/3 across the channel at MLT w/boat at dock. June 22, 199 IN WITNESS WHEREOF, The said Board of Trustees hare- by causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the this dM,e. TER~S and CONDITIONS The Permictee John Fiore residing at Cedar Beach Road, Southold N.Y., as pan of the consideration for the issuance of the Permit do~s understand and prescribe to the fol- lowing: l. That the said Board of Trustees and the Town of Southold ate released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any oper- ation performed pursuant to this petmig and the said Permittee will, at his or hex own expmse, defend any and all such suits initiated by third parties, and the said Pexmittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Sonthold 2. That this Permit is valid for a period of 24 mos. which is comldexed to be the estimated time required to complete the work involved, but should circumstances wasrang request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Pexmitt~e wishes to maintain the structure or project involved, to provide evidence to anyone concerned that auth- orization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application, may be _~,,~ foe revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and Iow water m~rks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstmcnon to free navigation, the said Permittee will be requited, upon due notice, to remove or alter this work or project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Pexmittee ot the completion of the work auth- orized. 9. That the Permittee will obtain all other permits and consents that may be required sup- plemental to this permit which may be subject to revoke upon failure to obtain same. Telephone (516) 765-1801 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 T.O: FROM: DATED: RE: Southold Town Board of Trustees Southold Town Conservation Advisory Council May 27, 1992 Recommendation of Wetland Applications The following recommendations were made by the CAC at its meeting held Tuesday, May 26, 1992: On a motion by John Holzapfel, seconded by Robert Keith, it was RESOLVED to recommend to the Southold Town Board of Trustees approval with stipulations of Wetland Application of Gerard C. Keegan 70-10-63.1 to construct fixed dock, ramp and float. The CAC recommends approval provided the applicant maintains a 25' native vegetation buffer. 100 Beachwood Lane, Southold. Vote of Council: Ayes: All Motion carried. On a motion by Bruce Loucka, seconded by John Holzapfel, it was RESOLVED to recommend to the Southold Town Trustees approval with stipulations of Wetland Application of John Fiore 91-1-5 to construct a ramp add flo~]ting dock. The Council recommends approval with the stipulation that the ramp cannot extend further than a third of the way across Canoe Inlet. 5050 Sunset Way, Southold Vote of Council: Ayes: All Motion carried. On a motion by Bruce Loucka, seconded by John McCormick, it was RESOLVED to recommend to the Southold Town Trustees disapproval of Wetland Application of John Fiore 91-I-5 to install a swimming pool. The Council recommends disapproval as submitted. The Council would approve a swimming pool if the pool is relocated outside the 75' buffer (move east). 5050 Sunset Way, Southold Vote of Council: Ayes: All Motion carried. On a motion by John Holzapfel, seconded by John McCormick, it was RESOLVED to recommend to the Southold Town Trustees partial approval of Wetland Application of David Weild II1 116-6-5 to increase height of existing bulkhead, raise house, build retaining wall, raise garage and, renovate driveway. The CAC recommends disapproval of the bulkhead and retaining wall. The Council recommends approval of the raising of TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone ($16) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SC0'I~? L. HARRIS "'- 'l" Supervisor 53095 Main Road P~O. Box 1179 S6uthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES, TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR THE ISSUANCE OF A PERMIT PURSUANT TO THE LAWS, ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS OF SOUTHOLD TOWN, AND THE ISSUANCE OF PERMITS PURSUANT TO CHAPTER 32 OF THE CODE OF THE TOWN OF SOUR"HOLD. APPLICATION NO. APPLICANT'S NAME: Mr. dohn d. Fiore TEL. NO. 248-0020 MAILING ADDRESS: 5050 Sunset Way, Southold, N.Y. 11971 AGENT: Peconic Assoc., Inc. TEL NO. 477-0030 Greenport, N.Y. 11944 install swimming pool ~d ~-~Fi:~:~=~i~ d4t~-ieT~t~ -[i~ (see attached plan) AGENT ADDRESS: One Bootleg Alley~ P.O. Box 672, PERMIT REQUESTED TO: LOCATION OF PROPERTY FOR REQUESTED PERMIT: corner of Cedar Beach Road and Sunset Way TOWN: Southold TAX MAP NO: 1000- 91-1-5 CREEK, BAY OR HARBOR FRONTING PROPERTY: Cedar Beach Creek SIZE '$F PROPOSED WORK: LENG!H: ~t*-.-~ugkh3cd-~qd.a-~O' x 40' in ground swimming pool WIDTH: Page 2. YDS. TO BE EXCAVATED: 150 cu. yds. YDS. TO BE FILLED: MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED: pool will be u.~e~-.%o-ba'cicfi-t-t-behind bulkhead. excavation WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY: + DEPTH AT LOW TIDE:- 2' except in AVER. RISE IN TIDE: channel DISTANCE TO NEAREST CHANNEL: + 20 ft. + 2' DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN AREA: 0 ft. AREA ZONING: R-80 IS PROJECT FOR PRIVATE OR BUS. USE: private INTENDED USE OF PROPERTY: residential DESCRIBE KNOWN PRIOR OPERATIONS CONDUCTED ON PREMISES: residential construction HAS ANY PRIOR LICENSE OR PERMIT BEEN ISSUED TO ERECT STRUCTURES, DREDGE, OR DEPOSIT FILL ON SAID PREMISES: NO HAS ANY LICENSE OR PERMIT EVER BEEN REVOKED OR SUSPENDED BY A GOVERNMENTAL AGENCY: NO DESCRIBE FULLY THE REHABILITATION OF PROPERTY: seed and landscaped afte~ pool construction DESCRIBE PROPOSED CONDITION OF PROPERTY AFTER WORK IS COMPLETED. INCLUDE AN ADDITIONAL SURVEY OF PROPERTY SITE IF NECESSARY: re§raded, seeded, and landscaped around pool area. ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED WHICH WOULD PROHIBIT THIS PROJECT: NO WRITTEN CONSENT OF OWNER IF NOT THE SANE AS APPLICANT: COUNTY OF SUFFOLK ) STATE OF NEW YORK ) MERLON E. WIGGIN BEING DULY SWOP~N DEPOSES AND SAYS THAT HE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS, ~ THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF, AND THAT WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE TOWlq BOARD OF THE TOWN OF SOUTHOLD. THE APPLICANT'AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT, IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT OR REPRESENTATIVE, TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature of Appl~t SWORN TO BEFORE ME THIS EX~INED BY APPROVED DISAPPROVED CONDITIONS (If any) SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Approved 2/27/85 TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Kmpski, Jr. John L. Bednoski, Ir. John B. Tulhill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTItOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 COASTAL EROSION MANAGEMENT PERMIT APPLICATION TOWN WETLANDS PERMIT APPLICATION TRUSTEE LANDS PERMIT APPLICATION Office Use Only: Coastal Erosion Permit Application ---Wetland Permit Application --Trustee Lands Permit Application --Grandfather ZCompleted Apps. Date: V~riance Required, __Neighbors notified Date: SEQRA Type Coord. Review-opt.,mand. Zlnsp. comp./date: __SEQRA Determin./date: __Public Hearing/date: Findings: Permit Vote: (Y/N): Special Conditions: (also see file) TOWN OF SOUTHOLD Application Number; SCTM ~1000- Project Name (If any) Date Prepared: Applicant: O~ ~_ Interest: (owner, consultant,lessee,etc.) Owner of P~operty: Address Subject Property Locati~ ,~' ~rovide LILCO Pole ~, Distance~ to cross Streets if not on location map) THIS IS NOT A PERMIT Yds. to be excavated: ~) Yds. to be filled: ~ Manner in which material will be removed or deposited: Width of canal, creek or bay fronting property: /~ ~- Depth at low tide: Aver. rise in tide: Distance to nearest channel: Distance project extends beyond simila~ projects in area: ~ Area zoning: ~ Land area in ~cres: Is project for ~rivate or business use. ~ ^~'~ Intended use of property: .,~ c~- ~,~O~i~L0 Describe known prior operations conducted on premises: Has any prior license or permit been issued to erect structures, dredge, or deposit fill on said premises: ~0 Has any license or permit ever been revoked or suspended by a Governmental Agency: NO Project Description The project description must also include plans for reclamation of land disturbed during construction of the principle and accessoryistructures and underground structures (i.e., 'pipeline a,~d septic system;, make additional attachments if necessary). Authorizat~bn (Where the applicant is not the owner) I residing at (Print-owner of subject property) (Mailing address-phone) do hereby authorize to apply for Coastal Erosion permit(s) from the Southold Town Trustees --v ~ignature THIS IS NOT A PERMIT County of Suffolk ) State of New York ) PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(s) OR REPRESENTATIVE(s), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS S~TURE NOTARY PUBLIC SUSAN F. LONG Notary Publi~., State of New No. 01L04958343 Qualified in Suffolk County Commtssion Expires November 6, Suggested space for location Map THIS IS NOT A PERMIT // t Appendix State Environmental Oualll¥ Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLIS~ ACTIONS PART I ~lOJl~l 1~6~mlllon Ito b~ complele~ ~y Applicanl or ', ~: t~tUI t:IRtltV JHAt tH! mroa~r,,,tto~ PROVIDED XaOV~ i~ TRUE I0 tHE eE~T OF ~ EkOWLEOCE I II Ihl._l~tlon I, In Ihs Coastal Area, and You are a elate agency, complete Ihs [ . .. ~ ,~8llllll A~e6tment Form before prorJ, eedlng wtth lhl$ aeeeaamenl OVER 1 · . 817.20 , ~ Appendix Stele Envlronmenlll (]ualll¥ Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTEd ACTIONS Only Pldltet ~f6fmillon (to be compleled OVER 1 TRUSTEES 3ohn M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski. Jr. John L. Bednoski. Jr. John B. Tulhill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD scoTT' L. HARRIS Supervisor Town Hall, 53095Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 August 24, 1990 Paul A. Caminiti Attorney at Law 54075 Main Rd cor.Beckwith Avenue P.O. Box 992 Southold, NY 11971 RE: John J. and Grace Fiore Waiver / 1000-91-1-5 Dear Mr Caminiti: The following action was taken by the Board of Town Trustees during its regular meeting held on August 23, 1990: RESOLVED that the Town Trustees approve the request for a waiver to construct a deck to existing dwelling; 14.8' at the widest point and 3.8' at the narrowest point. Location of project: Cedar Beach Road, Southold, NY. Please return to the Building Department for a determination on the need for any other permits which may be required for this project. John M. Bredemeyer, III President, Board of Town Trustees JMB: jb cc: Bldg. Dept. CAC File BETSY KALIN 54075 MAIN RD. COR. BECKWITH AVE, P.O. BOX 992 SOUTHOLD, N.Y. 11971-0992 (516) 765' 1401 July 17, 1990 John M. Bredemeyer, III, Chairman Southold Town Board of Trustees Main Road Southold, NY 11971 RE: JOHN J. AND GRACE FIORE SCTM#: 1000-91-1-5 Dear Mr. Bredemeyer: My clients have heretofore started construction of a deck on their property. They received a stop-work order from the Building Department insofar as the work was being done without a building permit. I spoke to Mr. Lessard at the Building Department and he indicated that before a building permit can be issued, my clients will need a Waiver of Jurisdiction from your office. Would you please be kind enough to make an inspection at your earliest convenience and favor me with your reply. A copy of a new Thank you. ,PAUL ~ CAMINITI ~ PAC/bak c: John J. Fiore APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD · SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 4, 1992 S,E.9.R.A. TYPE II ACTION DECLARATION Appeal No. 4105 Project/Applicants: County Tax Map No. Location of Project: John J. Fiore 1000- 91-1-5 3100 Cedar Beach Rd. Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate swimmingpool and fence enclosure in an area other than the required rear yard This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk May 8, 1992 Zoning Appeal Application No. 4105 of JOHN J. FIORE Transmitted herewith is Zoning Appeal No. 4105 application of John J. Fiore for a variance. Also included is Notice to Adjacent Propery Owners; letter of authorization; survey; Environmental Assessment Form; letter from "Linda" in ZBA office to "Tom" in Building Department, dated May 8, 1992; and Notice of Disapproval dated April 22, 1992. PzcoNlc ASSOCIATES, INC. Environmental Planners & Consultants May 8, 1992 ~, One Bootleg Alley P.O. Box 672 Greenport, New York 11944 (516) 477-0030 Fax (516) 477-0198 Southold Town Board Southold Town Hall Main Road Southold, NY i197i of Trustees Re: Mr. John J. Fiore 5050 Sunset Way Southold, New York SCTM # 1000-91-1-5 Dear Members of the Board of Trustees: Enclosed is application for installation of swimming pool for subject applicant. As he and his family are hoping to and its benefits during the summer do to expedite the review would be be able months, greatly to enjoy the pool anything you can appreciated. It is assumed that the Trustees will request Lead Agency and therefore appropriate SEQRA forms are enclosed. Please contact me if I can provide additional information. Sincerely, PECONIC ASSOCIATES, INC. ~,M. E. President cc: New York State Department of Environmental Conservation Southold Town Zoning Board of Appeals Mr. John J. Fiore File JUL'20 'D2 1~ OF SOUTHOLD TRUSTEES John M. Breclemeyer, III, President Albert J. Krapslfi, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertaon Telephone (516) 765-1892 Fax (516) 765-1823 ~ ~.__.....,.--.-'ffi~old, New York 1,1971 BOARD OF TOWN TRUSTEEs TOWN OF SOUTHOLD S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRON~LENT APPLICATION NO. 1000-91-1-5 Chapt. 97 - Wetlands NAME: John fiore Chapt. 37 - Coastal Erosion DATE: May 28, 1992 R~SOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as Lead Agency for the action described below, has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the sa~e or similar project. A planting survey shall be submitted prior to final approval. TYPE OF ACTION: Type II DESCRIPTION OF ACTION: to construct 16' X 40' inground pool, retaining wall on east end 14' X 32" far, p, 6' X 24' floating dock w/ (2) 2 1/2" galvanized pipes attached to existing bulkhead. Drywells will be installed. Old dock will be removed, new dock will extend no further seaward than 1/3 across the channel at MLT with boat at dock. LOCATION:SCTM %1000-91-1-5 REASONS SUPPORTING THIS DETERMINATION: 1. An on site inspection has been conducted by the Board of Trustees. 2. An environmental assessment, submitted by the applicant and reviewed and completed by the Board of Trustees, has indicated that no significant adverse effects to the enviror~ent are likely to occur should the project be implemented as planned. BOARD OF APPEALS, TOWN OF ';;OtJTHOI.D In [he MaE[er or [he Peti[ion of JOHN J. FIORE t.O the Board of Appe.lls nf the Town nf ~nuthnld TO: PAUL S. BIRMAN & WTFE 75-51 196TH STREET FLUSHING, NY 11366 NOTICE TO PROPERTY O?~N ER YOU ARE HEREBY GIVEN NOTICE: I. That iF i%lhe intention of Iht undersigned to petition [he Board nf Appeals of the Town ol Sou[hold torcquest~ V~nce~(Spcci,~lException)(SpecialPcrmit) (Other] [circle choice) 2. That the property which is [he subject of thc Petition is located adjacent to your property and isdm. cribedzsfollows: residential property I: lncatinn: 5050 Suns~l;. WaY That [he property which is the subject of such Petition is located in the follow,m[ zomn~: district: residential low density R-80 4 That b~' such Petith~n, the undersigned will request the following relie~ V a r i a n c e from ~estri~c~ons to locate a swimmin~ ~l in frnnt ~r side yard see attached site plan .5. That the provisions of the Southold Town Zoning Code applicable to thc relief sought Dy the under- [ ] 5ectAon 280-A, New ~ Town L~w for approvM of access over righc(s)-ef-way~ 6. That within five day~ from the date hereof, a written Petition requesting thc rctief specified above be filed in ~he Southold Town Clerk's Office at Main Road, Sou[hold, New York and you may then and there examine the same during resuiar office hours. (516) 765-1809. 7. Thai hefore thc rcticf ~uught may be granted, a public hearing must be held on [he matter by [he Board of Appeals; that a notice of such hearing must be published at least five days prior FO [he date ot suci3 hearing in the Suffolk Times and in the Long Island Travcler-Mattituck Watchman, newspapers published in thc Town of Southold and designated for the publication of such notices; that you or your representative have the right [o appear and be heard at such hearing. Dated: Owners'Names:Mr. John J. Fiore Pos[Office Address 5050 Sunset Way Southold~ N.Y. 11971 Tel. No. (516)248-0020 [Copy.of sketch or plan showing proposal to be purposes. ] attached for convenience PROOF F1F ~4AII l~ ~, OF NOT;FF ,'q A ~.~ hi)DRESS STATE OF NEW YORK COUNTY OF SUFFOLK SS.: MERLON E. WIGGIN , residing a: ONE BOOTI E~ Al I EY. GRFFNP~/RT NEW YUHK , belaB duly sworn, deposes and says tha£ on thc7TH of MAY ,19 ~2 ,deponent mailed A true copy of [hc No[ice set forthonthc verse side hereof, directed [o each of [he above-n~med persons ar %he addresses sci opposilc their r~pccdvg names; that ~hc addresses s~ opposi[e xhc n~mcs of s~id persons arc [hc ~ddrcssc~ of said persons ~s shown thc curren~ ~sscssmcnt roll of [he Town of Sourhold; fha[ said No[ices wcrc m~ilcd a[ [he United States Pos[ ficcat GREENPORT, NEH YORK (certified) (re~istere~) mail. Sworn to before me this ~ day of . , K~aJy 1%51k~, ~e a ~ Y~ I~0. 47~ ; that said Notices were mailed to each of s~id persons by (This side does not have to be completed on form transmitted to adjoining property owners.) .: BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of The Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, .June 4, 1992, com- mencing at the times specified below: I. 7:30 p.m. Appl. No. 4107- RENEE PELLETIER. This is an Appeal of the May 14, 1992 Notice of Disapproval issued by the Building Inspector for a Variance to the Zoning Or- dinance, Article XXIV, Section 100-244B for permission to con- street a raised wooden walkway extending from the (easterly) front door to the existing (southerly) side deck. The pro- posed walkway is five feet in width, located with an insuffi- cient front yard setback. This parcel has a lot area of 13,634 sq. ft. and is located in the R-40 Zone District. Location of Pro- perty: 550 Fasbender Avenue, Peconic; also referred to as com- bined Lots No. 1 to 5, inclusive, Map of Bailey Park filed 9/26/32 as No. 1097. County Tax Map Parcel ID No. 1000-67-6-4. 2. 7:35 p.m. Appl. No. 4108- DANIEL AND PAMELA TUTH1LL. Special Exception to the Zoning Ordinanc~ Arti- cle 111, Section 100-30B(16) for permission to establish a "Bed and Breakfast Use~' in conjunc- tion with the single-family residency by thc owner. This use is to be accessory and subor- dinate to the principal residen- tial use, is for the rental of not? more than three bedrooms, and is for lodging and serving of breakfast to not more than five casual and transient roomers. This parcel contains a lot area of 1.3876 acres in this R.40 Zone District. Location of Property; 32660 County Route 48 (and the westerly corner of Carroll Avenue), Peconic, N.Y.; County Tax Map Parcel No. 1000-74-3-11. 3.7:40 p.m. Appl. No. 4109- MARGARET LEAHY. This is an Appeal of the April 27, 1992 Notice of Disapproval from the Building Inspector, Article III- A, Section 100-30A.3 for per- mission to construct deck addi- tion to existing front porch with an insufficient front yard set- back. This parcel has a noncon- forming lot area of 12,500 sq. ft. and is located in the R-40 Zone District. Location of Property: 1185 Wiggins Lane, East Marion, N.Y.; Cleaves Point, Section Three, Lot No. 79; County ~ Map Parcel No. 1000-35-5-8. 4. 7:45 p.m. Appl. No. 4101- JOHN ROWAN (Property now or formerly of LUCIEN AR- CAS). This is an appeal under Article XXIII, Section 100-239.4 for a deck addition with an in- sufficient setback from the nor- therly property line. This parcel has a nonconforming lot area of 33,637 sq. ft. in this R-40 Zone District. Location of Property: 435 Soundview Avenue Exten- sion, Southold, N.Y.; County Tax Map Parcel No. 1000-50-2-16. 5. 7:50 p.m. Appl. No. 4111- JOHN G. AND MARIE ELENA BRIM. Request to Amend Variance to locate ac- cessory tennis court partly in the. -~ front yard and side yard and with an insufficient setback from nearest wetlands, all as shown on the Amended Plan prepared May 12, 1992 by Chandler, Palmer & King. The provisions under which this Amendment is requested are Ar- ticle III, Section 100-33, and Ar- tide XXIII, Section 100-239.4. Location of Property: Norther- ly side of Private Road (exten- ding off East End Avenue), Fishers Island, N.Y. ; FIDCO Block 18, Combined Lots IA and lB, having a total land area of 3.56+ acres in this R-120 Zone District. ('~6. 8:00 p.m. AppL No. 4105- JOHN J. FIORE. A variance is requested under Article III, Sec- tion 100-33 for permission to locate accessory swimmingpool structure and fence enclosed in an area other than the required rear yard. This parcel contains I an area of approximately 28,000 sq. ft. and is located in the R-80 Zone district· Location of Pro- perty: 3100 Cedar Beach Road[ 7and the westerl~de of Sunset 7 Way) at Bayview, Southold, ~N.Y.; also known as Cedar Beach Park, combined Lots No. 158 and 159; County ~ax Map Parcel ID No. 1000-91-1-5.._~ 7. 8:05 p.m. Appl. No. 4H2- HENRY AND BETTY HINT- ZE. A variance is requested under Article XXIV, Section 100-244B for permission to con- struct deck addition and with a setback at less than 75 feet frOm the existing bulkhead, and under Article I11, Section 100-33 for small accessory shed in the front yard. This parcel contains a total lot area of 14,500± sq. ft. and is located in the R-80 Zone District. Location of Prof' perry.'~ Right-of-Way extending off the easterly side of Pipes Neck Road, Greenport, N.Y.; County Tax Map Parcel No. I000-53-1- 15. 8. 8:10 p.m. Appl. No. 4106- LAWRENCE P. AND MARILYN HIGGINS. A variance is requested under Ar- ticle XXIII, Section 100-239.4 for permission to expand deck by approximately 480 sq. ft., ex- tending the existing deck seaward approximately 13 feet, all of which will be located within 75 feet of the existing bulkhead. This parcel contains a lot area of approximately 19,200 sq. ft. and is located in the R-40 Zone District. Location of Property: 830 Lupton Road, Mattituck, N.Y.; County ~ Map Parcel No. 1000-115-11-16. 9. 8:15 p.m. AppL No. 4104- ANTONIO VANGL A var- iance is requested under Article XXIV, Section 100-244 and Ar- ticle XXIII, Section 100-239.4A for permission to construct ad- dition to dwelling with a reduc- ed easterly side yard and within 100 feet of the top of the L.L Sound bluff. This parcels con- tains a total ara of 25,135± sq. ft. and is located in the R-40 Zone District. Location of Pro- perty: 645 Glen Court, Cut- chogue, N.Y.; also referred to as Lot No. 1, Map of Vista Bluff filed on March 15, 1968 as Map No. 5060; County Tax Map Designation: 1000-83-1-17. 10. 8:20 p.m. Appl. No. 4110 (filed May 19, 1992). THOMAS E. COFFIN. Variance to the Zoning Ordinance, Article XXIII Section 100-239.4 for permission to construct addition within 75 feet of the existing. bulkhead This parcel contains a total lot area of 19,985 sq. ft. and is located in the R-40 Zone District. Lo~ation of Property: 305 Gull Pond Lane, Greenport, N.Y.; County Tax Map Parcel No. 1000-35-4-5 (now 28.25); also known as Lot 10, Map of Fordham A~res, Section One. 11.8:25 p.m. Appl. No. 4098- TONY AND MARIA KOSTOULAS. (Hearing is reopened and continued from the May 7, 1992 concerning an Appeal for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for ap- proval of deck extension (at or near ground level) and fence with an insufficient setback from the L.I. Sound bluff line. Location of Property: 1035 Aquaview Avenue, East Marion, N.Y.; County 'Ihx Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. 12. 8:30 p.m. Appl. No. 3975- ARTHUR G. CARLSON. (Continued from March 25, 1992). This is an Appeal for an Interpretation resulting from the October 11, 1992 Notice of Disapproval from the Building Inspector, as amended, under, Article III, Section 100-31A(2) for approval of a wholesale shellfish distribution business and declaring that the aquacultuml use falls within the purview of the ngrieultuml use. The subject parcel is located in the Agricaltuml-Conservation (A-C) Zone District and con- tains a total area of 40,000 sq. ft. Location/of Property: 1575 Lower Road, Southold, N.Y.; County Tax Map Parcel No. 1000-69-5-13.2; also known as Lot No. 3 of the Minor Subdivi- sion of Judith T. Terry approv- ed by the Southold Town Plan- ning Board 10/1/79. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hear- ing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: May 18, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowaiski ; ~..? - IX-5/28/92(81) COUNTY OF S,~I:~LK ss: ST^TI:. oF NE~ORK Patricia Wood,' being duly sworn, says that she is t Editor, of THE LONG ISLAND TRAVELER-WATCHMA it public newspaper printed at Southold, in Suffolk Coun and that the notice of which the annexed is a printed co ha5 I',een ptH)lished h'l snid Lorlg Island Tr;iv,,'ler. W;Hchn nnce each xveek for ,/ we successively, commencing on the ................... 5',vtlrl'l hi before nle tills . · .................... Notary Public BARBARA A. $CHNEIOI NOTARY PUBLIg, State ol lie No. 480~3846 Qualified in Suffolk C?DI Commission Expires o°/3 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Page 14 Public Hearing Southold ZBA 6/4/92 APPEAL # 4105 Applicant(s): John J. Fiore Location of Property: 3100 Cedar Beach Road, Southold County Tax Map No.: 1000-91-1-5 The Chairman opened the hearing at 8:00 p.m. and Read the Notice of Hearing and application for the record. CHAIRMAN GOEHRINGER:... whomever. Mr. Wiggin, how are you? MERLIN E. WIGGIN: Good evening. Just to speak briefly. This is, as you know, a request for a swimming pool and as you know the Zoning Code requires the swimming pool to be in the rear yard. Because this is a corner lot and the house located where it is, there is no rear yard. It is only two (2) front yards. So, if the owner is to enjoy the benefits of a swimming pool, he has no choice but to sit it in the front yard. And, the, we feel this is not a bad area to locate it in. He can landscape it and he can make it look generally pleasant in the surroundings. There are other inground swimming pools in the area. Also, we have gone to the Board of Trustees and they have ruled it a Type II action, which as far as the environment is concerned. They did request that we locate it four (4) feet closer to Sunset Way, so that the raised area around the pool, which I will show in here, were in the flood plains, so they asked us to go back four (4) more feet. And, I ............ a revised survey which I w-ill have by tomorrow. CHAIRMAN GOEHRINGER: It is going to be forty, forty-one (40, 41).. MR. WIGGIN: Forty (40) Four, zero feet. Rather than twenty-four (24). CHAIRMAN GOEHRINGER: What is the fenced area, is that, how much of a deck are we talking about. MR. WIGGIN: It is a four (4) foot wide deck. The reason for that, it is in the flood plain and they felt that is was more appropriate that violent to move the fence area back, also to seventy-five (75) feet. And these has also concurred with us. Well, why don't you move the fence back so that is seventy-five (75) feet as well. So that makes it four (4) foot closer to Sunset Way, so it is going to be six (6) feet further away from Cedar Beach Road. CHAIRMAN GOEHRINGER: What is the elevation of the pool at finished grade? Page 15 Public Hearing Southold ZBA 6/4/92 MR. WIGGIN: The elevation of the pool is going to be eight (8) feet. CHAIRMAN GOEHRINGER: Okay, now that is the top of the pool at eight (8) feet? MR. WIGGIN: That is the rim area of the pool, so it is going to be... CHAIRMAN GOEHRINGER: Elevated eight (8) feet above grade. MR. WIGGIN: Excuse me, no. Above sea level. Two (2) feet above grade. CHAIRMAN GOEHRINGER: Two (2) feet above grade. MR. WIGGIN: That meets within the the Town's flood plain levels. CHAIRMAN GOEHRINGER: MR. WIGGIN: Yes. CHAIRMAN GOEHRINGER: This is;what;in the "B" Zone? This would be a wooden deck around the .... MR. WIGGIN: No, it is going to be graded deck and a fence. It is going, he plans on putting railroad ties around the fence area... CHAIRMAN GOEHRINGER: To lock it in... MR. WIGGIN: And that would be at two (2) feet and the fence above that, so the total would be four (4) feet high. CHAIRMAN GOEHRINGER: I see. MR. WIGGIN: And that would be landscaped around that to kind of disguise it. CHAIRMAN GOEHRINGER: What is going to be four (4) foot high, the fence? MR. WIGGIN: No, the total height, because it is four (4) feet to meet the Town's Zoning Code. But is two (2) foot high .... CHAIRMAN GOEHRINGER: So it would be two (2) foot of railroad ties and then two (2) feet of fence. A total of four (4) feet when you are standing on grade outside the pool area. MR. WIGGIN: That is correct, right. CHAIRMAN GOEHRINGER: Okay, where will the entrance be to the pool? Page 16 Public Hearing Southold ZBA 6/4/92 MR. WIGGIN: The entrance will be on the side, on the side next to the house, it would be on this side over here so. CHAIRMAN GOEHRINGER: Okay, it will be on that side. MR. WIGGIN: On that side over there sir. And, Mr. Fiore the one (1) reason he wants to do this is, he wili explain momentarily, is that he, this is one of the things he wants his family to enjoy and he also has a health benefit that he hopes to recoop from this as well. And, we all know that from swimming in bays these days sometimes the jellyfish in the canal is not, I know I have got stung a couple of times, the rest of you have. So, you might want to address the .... MR. JOHN J. FIORE: Yea, probably my needs are more health wise than recreational. I have a particular, what they call degenerative joint disease, which is a, it's a spine that starts to give you problems. And my physicians have always said that water exercise and taking weight off the spine and doing things of that nature is helpful to me. And I do that at home and,a~_theheaith club, but I can't enjoy a pool where I live in Nassau. I don't have the luxury of that space. Out here, it is another story. I spend most of my summer in Southold. I have been a resident here since 1976. I have learned the permanent process, if you will, I have done a few things, a few times and being a city boy didn't realize, went through that whole process and got things done. But, the pool is for more health than recreational as far as we're concerned. Even my wife who is not a good swimmer, will learn to swim in a pool as ~oppose.d~ .to .going- to a creek for a day. And, if I can get her to swim in a pool, then I can get her out of my boat, maybe one (1) day. So, it is a whole game plan for that reason. The strange part of our property is that, when I purchased it, I knew it was two lots joined together. But my house is set back right to the water's edge, and I have got that whole entire second lot. Which really to me is not the side yard, but, of course it is based on the way it is presently laid out. But that is an entire plot that is available. So the pool is going to really be not very much visible to the road. And we plan to do a lot of shrubbery work around it, so that, from the fencing area. So, I don't think anybody would find it unpleasant. CHAIRMAN GOEHRINGER: fencing. Exterior front fencing or the interior front MR FIORE: The interior of the fencing. I have a post and rail fence that runs the property. If it is permissible, I will do that. CHAIRMAN GOEHRINGER: Yea, we may request external greenery outside on the road side, you know, below the .... MR. FIORE: Is that allowable, I mean. Page 17 Public Hearing Southold ZBA 6/4/92 MR. WIGGIN: that hides the height of the whole thing there. Actually, the pool is almost the only thing in the second lot. The house is almost all in the Lot 159 and 158. The pool is practically the only thing is the second lot. That is what we have suggested to do that. Although CHAIRMAN GOEHRINGER: Is the pool going to be heated. MR. FIORE: Yes. CHAIRMAN GOEHRINGER:Okay. And there is no intention of ever enclosing it, is there? MR. FIORE: No. CHAIRMAN GOEHRINGER: Is this a liner pool or is there .... MR. FIORE: A liner pool. CHAIRMAN GOEHRINGEiA liner pool, much. okay. Alright, we thank you very MR. FIORE: Thank you. MR. WIGGIN: Thank you. Appreciate it. Is there anybody else who would like Anybody against the application? Any I make a motion closing CHAIRMAN GOEHRINGER: speakfor this application? other questions? Seeing no other questions, the hearing.. Yes. Mr. Goehringer he has one (1) neighbor he lives by and he did respond to .... MR. FIORE: He stopped today and to ask me, because he had not .... MR. WIGGIN: He couldn't be here so, you got a notation on there. CHAIRMAN GOEHRINGER: Thank you so much. to MR. FIORE: Thank you. CHAIRMAN GOEHRINGER: Hearing no futher comments, I make a motion closing the hearing, reserving decision until later. End of hearing. Lorraine A. Miller (Transcribed by tapes recorded 6/4/92 BOARD OF APPEALS, TOWN OF ~OI. JTHOI.D In the Matter ot the Petition of to the Board of Appe31s nf the Town nf %outhnld TO: PAUL S. BIRMAN & WIFE 75-51 196TH STREET FLUSHING, NY 11366 NOTIC~ TO ADJACEiIT PROPERTY OV~ER YOU ARE HEREBY GIVEN NOTICE; I. That iF it [he intention of the undersigned to petition [he Board [)f Appeals of The Town of Southold to request aQ~/~nce~ (SpcciaJ Exception) (Special Permit) (Other') [c±£cZe choicel 2. That the property which is the subject of the Petition is located, adjacent to your property and is des- cribed as follows: residential property I' location; 5050 Sunset 3. That the property which is the subject of such Petition is located in the following zoning district: residential ]OW density R-80 4 Thath~'suchPetitiun, theundersigned willrequestthefollowingrelief: variance from restrictions to locate a swimmin~ pnn] in frnnt nr side yard see attached site plan $. That the provisions of the Sou[hold Town Zoning Code applicable to the rctief sough[ by the unoer- si~nedare A:t.j.¢l~ III .'Sec:.Zc~ 10(1-33 [ ] Section 280-A, New York Town Law for approval of access over righc(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Sou[hold Town Clerk's Office at Main Road, Southold, New York and you may then and ~here examine the same during regular office hours. (5~6) 765-L809. 7. That hefore the relief sought may be granted, a public hearing musr be held on thc matter by thc Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-l~tattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have thc right to appear and be heard at such hearing. Dated: Petitioner 0wners'Names:~r. Oohn ~. F~ore PostOfficeAddrcss 5050 Sunset Way Southold~ N.Y. 11971 Tel. No. (516)248-0020 [Copy.of sketch or plan showing proposal to be attached for convenience purposes.] N~Am~ PROOF OF MAI IFG OF Nr~TICE A'I'~?,C!t L,_;,:~. ,.-D ,"b\£L i,tECZZi?$ P 100 319 ;~ECEIPT FOR CERTIFIED ' ")"5~-~'~ 196TH STREET STATE OF NEW YORK COUNTY OF SUFFOLK MERLON E. WIGGIN , residing at ONE BOOTLEG Al I. EY- GREENPORT NEW Y URK , being duly sworn, deposes and says that on thc1Titday of MAY ,19 ~)? ,deponent mailed a true copy of the Notice set forth on there- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective .. names; that the addresses set opposite thc names of said persons are thc addresse~ of said persons as shown on the current assc$$men~ roll of the Town of Soulhoid: that said Notices were mailed at the United States Post Of- ficcat GREENPORT, NEW YORK (certified) (rer, istered) mail. Sworn to before me this day of ~'-~h.~.~F' ,19 ~ JOAN'A~ I~o. ~0~ · ' 0~ ~ ~k ;that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.) .: · '.' ,I 4.1 ~-~2 {2187)--7c 617.21 SEC Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Furpose: The 'full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a proje, or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequen ly, there are aspects of a project that are subjective or unmeasureabie. It is also understood that those who determir, significance may have little or no formal knowledge of the environment or may be technically ~pert in environment; analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affectir, the question of significance. ' The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determlnatio process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project O} actio~ Full EAI~ Components: The full EAF is comprised of three parts: I~art 1: Provides objective data and information about a given project and its site. By identifying basic projec data, it assists a reviewer in the analysis that takes place in Parts 2 an~ 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provide guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentiall,~ large impact· The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is id;ntified as potentially4arge, then Part 3 is used ~/o evaluate whether or not th, impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify Ihe Porlions of EAE completed for this project: [] Part 1 []-I Part 2 ' I-tPart 3 Upon review of the informatio~ recorded on this EAF (Parts 1 and 2 -~nd 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. [] B. Although the project could have a significant effect on the environment, there will ~ot be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* I-I C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. · A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name oi Lead Agency Print or [ype Name of Responsible Officer ~n Lead Agency Signature of I~espons~ble Ofiicer in Lead Agency Title o! Re~l)ons~ble Oliicer Signature of Pr~parer (Ii d~iferent lrom responsible o~ficer) ' Oate 1 INFO~TIONF~I~IA ' ' PART 1--PROJECT ' Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consi as part of the application for approval and may be subject to further verification and public review. Provide any addi information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not in new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and si each instance. ' ' NAME OF ACTION extention of bulkhead and installation of swimming 'pool' LOCATION OF ACTION (In©lu0e Street Ad;Iress, Municlpllity Im,~ County) 5050 Sunset Wa.y~ South0ld, N.Y. 11971, NAME OF APPLICANT/SPONSOR Pe~onic Assoc.~ In~. ADDRESS One Bootle,q Alle,y~ P.O. Box 672, , CITY/PO Greenport NAME OF OWNER (1! ;lillerent) Mr. John J. Fiore Suffolk BUSINESS TELEPHONE t516 ) 4'77-0030 I STATE I ZiP CODE N.Y. 11944 J BUS~NESS TELEPHONE t718 i 259-2532 ADDRESS 5050 Sunset INdly STATE ZiP CODE CITY/PO N. Y. 11971 Sou'chold ~ESCRIPTION OF ACTION in ground ~wimmigg pool installation of a 20' x 40' Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: nUrban I-Ilndustrial DCommercial [~Residential (suburban) nRural (no~, [:]Forest [3.Agriculture l-IOther 2. Total acreage of project area: 0~ 8 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COA. tPLETI Meadow or Brushland CNon-agricultural) acres a Forested acres a Agricultural (Includes orchards, cropland, pasture, etc.) acres a Wetland (Freshwater or tidal as per Articles 24. 25 of ECL) acres a Water Surface Area acres a Unvegetated (Rock, earth or fill) acres a Roads, buildings and other paved surfaces acres ,~ Other (lndicate type) r~,:;id~ni-lal )or 0.8 acres 0.8 a 3. What is predominant soil tvpeCs) on project site? Rlverhead Sandy Loam a. Soil drainage: (3Well drained % of site I-t,%toderately well drained 1 00 % of site IqPoorly dtahted % of site ' · b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 thr'6ugh 4 of ti Land Classtfication System? N/A acres. [See 1 NYCRR 370). 4. Are there bedrock outCrOppings on project site~ [:]Yes ~3No a. What is depth to bedrock? _ (in feet) $. ·Approximate percentage of propEsed project site with slopes: · I-ilS% or greater % 6. Is project substantiallv contiguous to, or contain a building, site, or district, listed on the"State or the Nation Registers of Historic Places? I'lYes K1No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? I-Wes I'~qO 8. What is the depth of the water table? - 6~ (in feet) 9. Is site located over a primary, principal, or sole source aquifer? I-lYes [~No . 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? r"4Yes f)(INo 11. Does project site contain any species of plant or animal life that is identified as threatened or endangere~ I-lYes fflNo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formatio~ I-lYes I~No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation are. I-lyes ~No If yes, explain 14. Does the present site include scenic views known to be important to the community? ~Yes ~No 15. Streams within or contiguous to project area: N/A a. Name of Stream and name of River to which it is tributary 16. Lakes. ponds, wetland areas within or contiguous to project area: a. Name Cedar Beach Creek b. Size (In acres) 17. Is the site served by~xisting public utilities? ~Yes I-1No electrical only a) If Yes, does sufficient cal~acity exist to allow connection~ t(';1Yes I"lNo b) If Yes, will improvements be necessary to allow connection? I-lyes I~lNo 1~. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-A Section 303 and 304? i'-!Yes ~}No 19. Is the site located in or substantiallYvCOntiguous to a Critical Environmental Area designated pursuant to Article of the ECL, and 6 NYCRR 6177 I~lYes l-INo 20. Has the site ever been used for the disposal of solid or hazardous wastes? l-lyes ~3No B. Project Description 1. Physical dimensions and scale of project IfiU in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor D, ~ acres. · b. Project acreage to be developed: 0,8 acres initially; 0,8 . acres ultimately. c. Project acreage to remain undeveloped 0 acres. d. Length of project, in miles: N/A r (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed N/A qb; f. Number of o~i-street parking spaces existing N/A ; proposed g. Maximum vehicular tnp~ generated per hour N/~ (upon complL, tion o~ prolectJ? h. II residential: Number and type of housing umts: One Famdy Two Family /¥1tdtiple Famdy Condominium Initially one .... UIt~mah,lv 0 n e ~ . i. Dimensmns lin ~eet) of largest proposed structure - height: 20 w~dth; 4~ length.(po0!) i. Linear fee: of frontage along a public thoroughfare prolect wdl occupy i~? ~30 ft. ~ 2. How much natural materill~e., rock. earth, etc.)will be removed frOthe site? 3. Will disturbed areas be reclaimed? ~]Yes I-INo r'IN/A a. If yes, for what intend~,~ purpose is the site being reclaimed? b. Wili top'oil be stockpiled for reclamation? ~Yes ~No c. Will upper subsoil be stockpiled for reclamation~ ~Yes ~No tons/cubic wards 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? D acres. 5. Will any mature forest [over 100 years old) or other locally-important vegetation be removed by this project? I-lYes fflNo ' ' 6. If single phase project: Anticipated period of construction F)rl~ months, [including demolition). ,, 7. If muhi-phased: N/^ a. Total number of phases anticipated (number). ONo" year. [including demolition) year. b. Anticipated date of commencement phase 1 month c. Approximate completion date of final phase month d. Is phase I functionally dependent on subsequent phases? aYes 8. Will blasting occur during construction? aYes r)~lNo 9. Number of jobs generated: during construction 3 ; after project is complete 0 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any p~'ojects or facilities? r'lYes 00No If yes, explain 12. Is surface liquid waste disposal involved? nYes I~No' a. If yes, indicate type of waste [sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? I-lYes ~Nq. Type 14. ~Vi[I surface area of an existing water body increase or decrease by proposal? I-lYes Explain 15. Is project or any portion of project located in a 100 year flood plain? ~'lYes 16. will the project generate solid waste? I~Yes fflNo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ayes I-INo c. If yes, give name ; location d. E]No r-lNo Will any wastes not go into a sewage disposal system or into a sanitary landfill? If Yes, explain ayes [~No 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes. what is the anticipated site life? 18. Will project use herbicides or pesticides? ayes I-lYes ~No tons/month. years. I~No 19. will project routinely produce odors [more than one hour per day}? i-lYes E'INo 20. will project produce operating noise exceeding the local ambient noise levels? I-lYes I~No 21. Will proiect result in an increase in energy use? I~Yes I-INo electrica! (pool pumps) est. at5KWH summer only If yes , indicate type[s] 22: If water supply is from wells, indicate pumping capacity 1 5 gallons/minute. ' ;.. - + 23. Total anticipated water usage per day 15 gallons/day. (surface evaporatt0n ) 24. Does project involve Local. State or Federal funding? ayes ~No If Yes. explain 4 · :' '.25.?pprovals Required: City, Town, y.illage. Board aYes r~No City. Town, Village Planning Board ayes I~No City, Town Zoning Board Il'lyes I'-INo City, County Health Department EflY~s I-INo Other Local Agencies I'-Iyes Other Regional Agencies r'lyes I~lNo State Agencies r~Yes nNo Federal Agencies r'lyes It)No pool permit DEC wet]ands Submittal Date May 6 May~7 C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? r~Yes I-INo., ' If Yes, indicate decision required: nzoning amendment I~qzoning variance I-lspecial use permit I-Isubdivision r'lsite plan I-Inew/revision of master plan I-Iresource management plan I-lother 2. What is the zoning classification(s)of the site? r p ~ i ri p n +_ ~ ~_ 1 R- 8 0 3. What is the maximum potential development of the site if developed as permitted by the present zoning? g~nole residence 4. What is the proposed zoning of the site? same' · 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? same as present - one residence and accessory uses 6. Is the proposed action consistent with the recommended uses in;adopted local land use plans? I~Yes [ '7. What are the predominant land use(s) and zoning classifications within a % mile radius of proposed action? residential 8. Is the proposed action compatible with adjoining/surrounding land uses within a % mile? lC]Yes E 9. If the proposed action is the subdivision of land, how many lots are proposed? N/A a. What is the minimum lot size.proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? C3Yes [,NO 11. Will the proposed action create a demand for any community provided services (recreation, education, poi fire protection)? f-lYes [~No a. If yes, is existing capacity sufficient to handle projected demand? I-lYes CINo 12. Will the proposed action result in the generation of traffic significantly above present levels? I-lYes IX;NO a. If yes, is the existing road network adequate to handle the additional traffic? I'lYes DNo D. Informational Details Attach any additional information as may he needed to clarify your protect. If there are or may be any ad, impacts associated with your proposal, please discuss such impacts and the measures wh. ich you propose to mitigat avo.d them. E. Verification I certdy that Ihe information provided abow., is true to the best of my knowledge. Applica n h'5~f6'~or Name~'~ Date Signature~ ' -'~-~,~_.~,,, (~ ~~ Title If Ihe aclion is in Ihe Coastal Area, and you are a stale agency, complcle the Coaslal Assessment Form before procee with Ihis assessment. Pzco c Assoc ,rzs, INC. Planners & ('on.~ulta~lt$ One lloodey Alley P.O. Box 672 Grcenport, New York 11944 (S 16) 477~030 Fax (5 ] 6) 477~ 98 May 4, 1992 To Whom It May Concern: Th:s letter authorizes PECONIC ASSOCIATES, INC. to act in my heheli in making applications and securing necessary permits re!alive to the installation of a swimming pool ~ .... ' ........ s~ ~v~s::' ...._~,-~, ..... ,,.~ .... ' at 5050 SUNSET WAY, SOUTHOLD, NEW YORK. AUTHORIZED BY: SOUTHOLD R -40 t.£T,,, ~ ,/ (~) COUNTY OF SUFFOLK Property lax Service Agency Date Documents Accepted for Filing: Ap1. Fee Required: $ Appl. No. Aoplication Incomplete for the Following Reasons: Date Application Form Not Signed or Notarized Notice of Disapproval not attached or in error ~---~___~ Notice to Adjacent Property Owners Form or Certified Mail Receipts not attached One original survey is necessary Extra copies of survey map necessary Copy of Deed of Current Owner Necessary Environmental Assessment Short Form Signed ZBA Questionnaire If Applicant is a corporation, need Disclosure Affidavit / / OK Other information is awaited: Site Plan Layout or other drawings Copy of Contract if Purchaser is applying Single & separate search Finalization of SEQRA by PB, TR, etc. Other Review by ZBA, i.e. _ / / /' / / / / / / / / / 1 / / / / / / / / / .................................. . ................................... 11~71 ~ {I TOWN CLERK TOWN OF SOUTHOLD Suffolk County, New York Phone 516-765-1801 Southold, New York 11971 Oate ~/..~ ~ Cash [] 43396 Judith T. Terry, Town Clerk HOC, N£CK 2o LO.C, Pool 5",,,.~'~"~ Pfeo P. PECONIC ASSOCIATES Inc. consultants One Bootleg /Uley P.O. Box 672 Greenport, N.y. 1'1944 516- 477.0030