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HomeMy WebLinkAbout4017 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 OF APPEALS 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 Appeal No. 4017: Application for CHARLES BLEIFELD. Variances to the Zoning Ordinance, Article XXIV, Section 100-244(A & B) for permission to locate new principal dwelling, pool and garage construction with reduced front yard setbacks. Location of Property: 1115 Private Road No. 16 at Bayview, Southold; Lots 41 & 42 (combined) as shown on the Cedar Beach Park Filed Map No. 90; County Tax Map Parcel No. 1000-90-4-19 & 20. WHEREAS, a public hearing was held on April 30, 1991 and 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. This is an application for a variance under Article XXIV, Section 100-244, subsections A and B, for permission to place the principal structure, which consists of the dwelling, attached garage and attached pool, with reduced setbacks at 20 feet from the front property line at its closest points, as more particularly shown on the survey revised on April 4, 1991, by Peconic Surveyors, P.C. 2. The premises in question is located along a private right-of-way which extends from the easterly side of Cedar Beach Drive (just south of the General Wayne Inn) in an easterly direction 724.52 feet, thence in a curve (radius 114.57 ft.), thence running southerly 150 feet, more or less, to the subject lot. 3. The premises in question consists of a total lot area of 30,561 sq. ft., is referred to as Lot Nos. 41 & 42 on the Map of Cedar Beach Park filed December 20, 1927 as County File No. 90, and is further identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 4, Lot Nos. 19 & 20. Page 2 - Appl. No. 4017 Bleifeld April 30, 1991 Regular Meeting Southold Town Board of Appeals 4. The subject premises (Lot 41 & 42 combined) is nonconforming as to lot area in this R-40 Zone District and is presently vacant. 5. For the record it is noted: (a) that the premises contains limited buildable area due to the meadow and wetland areas which make up a substantial part of the lot under consideration; (b) that the premises was the subject of determinations: 1. under Z.B.A. Appl. No. 3745 rendered August 18, 1988 for conditional approval of access over the private-of-way providing access; 2. under Z.B.A. Appl. No. 3765 rendered October 6, 1988 for reduction of the front yard setback; 3. under Southold Town Trustees conditional waiver rendered September 27, 1990; 4. under N.Y.S. Department of Environmental Conservation Permit No. 1-4738-00196/00001-0 issued February 20, 1991, and expiring on May 31, 1993. 6. Article XXIV, Section 100-244B provides relief to nonconforming lots having a lot area of more than 20,000 square feet and less than 40,000 sq. ft. for a front yard setback at not less than 35 feet. In considering this application, the Board also finds that the relief requested: (a) will not be adverse to the essential character of the neighborhood; (b) will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, be adverse to neighboring properties; or (c) will not increase dwelling unit density or cause a substantial effect on available governmental facilities; (d) cannot be obviated by another method feasible to appellant to pursue, other than a variance; Page 3 - Appl. No. 4017 Bleifeld April 30, 1991 Regular Meeting Southold Town Board of Appeals (e) in considering all of the above factors, the interests of justice will be served by granting the variance, conditionally noted below. as Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT permission, under Application No. 4017 in the Matter of CHARLES BLEIFELD, to locate principal dwelling structure (inclusive of attached pool, deck areas, storage/garage areas), all as shown on the April 4, 1991 plan prepared by Peconic Surveyors, P.C., with a reduced front yard setback at not less than 20 feet, as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. Compliance of Conditions under ZBA Appl. No. 3745 rendered August 18, 1988 before issuance of Certificate of Occupancy (Temporary C.O. or otherwise) as to conditional approval of access under New York Town Law. 2. Before issuance of any Certificate of Occupancy, representative from Z.B.A. office to inspect and accept (after written request in writing is furnished confirming improvements to right-of-way have been placed). 3. No expansion or further reductions under bulk area and setback regulations of the code. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio and Villa. (Member Doyen was absent due to illness.) This resolution was duly adopted. lk / GERARD P. GOEHRINGER, ~RMAN ..... BY RECEIVED AND E i) Town Cl:<rl'., £cv;n APPEALS BOARD MEMBERS Gerard P. Ooehringer, Chairman Charles Origonis, Jr. Serge Doyen, Ir. 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 LEGAL NOTICE NOTICE IS HEREBY GI%FEN, pursuant to Section 267 of New York Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on TUESDAY, APRIL 30, 1991: 7:30 p.m. Appl. No. 4015 - MELVIN AND MOLLIE KURS. Variance to the Zoning Ordinance, Article XXIV, Section 100-239.4A, Section 100-244B, for permission to construct addition with an insufficient frontyard setback from the westerly property line, over existing patio. Location of Property: 360 Miami Avenue, Peconic, NY; County Tax Map District 1000, Section 67, Block 06, Lot 016. 7:33 p.m. Appl. No. 4014 - JESSICA W. BARNARD. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory building in an area other than the required' rear yard. Location of Property: 4240 Paradise Point Road, Southold, NY; County Tax Map District 1000, Section 81, Block 3, Lot 7.' Page 2 Boan~ of Appeals Notice of Hearings . Regular Meeting - April 30, 1991 7:38 p.m. Appl. No. 3988 - ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4A for permission to construct addition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than the required 15 and 20 feet. The dwelling as exists is nonconform- ing as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; County Tax Map No. 1000-83-1-17. 7:45 p.m. Appl. No. 4020 - KEITH HARRIS. Variance to the Zoning Ordinance, Article III, Section 100-3~ for permission to construct addition with ~n insufficient (westerly) side yard set back. Location of Property: 265 Freeman Road, Mattituck, NY; County Tax Map No. 1000-139-3-37. 7:48 p.m. Appl. No. 4019 - CHARLES KREPP. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct open deck addition with an insufficient setback from the retaining wall along high water mark. Location of Property: 1235 Island View Lane, Greenport, NY; County Tax Map No. 1000-57-2-18. Page 3 - Board of AJ~als Notice of Hearings Regular Meeting - April 30, 1991 7:52 p.m. Appl. No. 4016 JULIUS AND KATHERINE RAGUSIN. Variance to the Zoning Ordinance, Article XXIV, Sections 100-242A and 100-244B for permission to construct addition to existing nonconforming dwelling structure, increasing the lot coverage and reducing the rear yard setback. Location of Property: 215 Hummel Avenue, Southold; County Tax Map No. 1000-63-2-14. 7:58 p.m. Appl. No. 3998 - HENRY AND P~kRY RAYNOR. (Current Owners: Mr. and Mrs. Albert Mastropaolo). Variances: (1) for approval of access as required by New York Town Law, Section 280A over private right-of-way extending off the north side of Peconic Bay Boulevard, Laurel, to premises identified as County Tax Map Designation 1000-126-04-1, 2, 5; and (2) to the Zoning Ordinance, Article IIIA, Section 100-30A.3, requesting relief under the bulk area requirements of the proposed northerly parcel of 30,162 sq. ft. and the proposed southeasterly parcel of 27,062 sq. ft. The subject land is located in the R-40 Zone District, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25, 26, 27, 28, area of 1.43+- acres. survey information.) 29, 30. Containing a total combined (Record is reopened to receive additional 8:00 p.m. Appl. No. 4012 - WILLIAM AND VIOLA DELUCA. Variances to the Zoning Ordinance, Article III, Section 100-32 for approval of insufficient lot area, depth and width of two Page 4 - Board o~ppeals Notice of Hearings Regular Meeting - April 30, 1991 parcels in this proposed division of land located along the west side of Luthers (Breakwater) Road, Mattituck; County Tax Map No. 1000-99-2-18. :05 p.m. Appl. No. 4017 - CHARLES BLEIFELD. Variances to the Zoning Ordinance, Article III, Section 100-33 and Article XXIV, Section 100-244(A) for: (a) permission to locate swimming pool and garage structures as accessory uses incidenta~ to the proposed residence in an area other than the required rear yard, and (b) permission to locate new dwelling structure with reduced side yard setbacks and reduced front yard setback.  L ocation of Property. 1115 Private Road No. 16 at Bayview, Southold; Lots 41 and 42 as shown on the Cedar Beach Park Filed No. 90; County Tax Map No. 1000-90-4-19 and 20. 8:15 p.m. Appl. No. 4022 - CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. Request for Special Exception approval under Article VIII, Section 100-81B(1), and Article III, Section 100-31B(6) for an unmanned telecommunications building in an existing concrete block building and construction of a 104-ft. high monopole radio tower with antenna for transmitting and receiving radio signs to provide cellular telephone services. Location of Property: 415 ELijah's Lane, Mattituck, NY; also shown on Planning Board Map of May 15,~1990, Map No. 8937. County Tax Map No. 1000-108-4-11.3 (part of 11). Page 4 - Board of Wpeals Notice of Hearings Regular Meeting - April 30, 1991 parcels in this proposed division of land located along the west side of Luthers (Breakwater) Road, Mattituck; County Tax Map No. 1000-99-2-18. Z8:05 p.m. Appl. No. 4017 - CHARLES BLEIFELD. Variances to the~ oning Ordinance, Article III, Section 100-33 and Article XXIV, ; I Section 100-244(A) for: (a) permission to locate swimming pool and garage structures as accessory uses incidental to the /~P°~~ni~oa~o~e~w~n~h~t~dw~ryard' reduced side yard setbacks and reduced front yard setback. Location of Property: 1115 Private Road No. 16 at Bayview, Southold; Lots 41 and 42 as shown on the Cedar Beach Park Filed ~ap No. 90; County Tax Map No. 1000-90-4-19 and 20. 8:15 p.m. Appl. No. 4022 - CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. Request for Special Exception approval under Article VIII, Section 100-8lB(i), and Article III, Section 100-31B(6) for an unmanned telecommunications building in an existing concrete block building and construction of a 104-ft. high monopole radio tower with antenna for transmitting and receiving radio signs to provide cellular telephone services. 'Location. of Property: 415 ELijah's Lane, Mattituck, NY; also shown on Planning Board Map of May 15, 1990, Map No. 8937. County Tax Map No. 1000-108-4-11.3 (part of 11). Page 5 - Board of A~als Notice of Hearings Regular Meeting - April 30, 1991 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: April 10, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRM3%N By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y, NOTICE OF DISAPPROVAL · 616 ROANOKE AVE, P.O. B~X 779 Date ...lsARC. R .2,1 ............. 19 91 @ CItARLES J. & SIIELBY S. BLEIFELD 9 REGAL CT. ST. JANE.,~, N.Y. PLEASE TAKE NOTICE that your application dated .~gq~ 6 . .................... 19.~1... for permit to OHE FAMILY D~/ELLING, DETACHED GARAGE, POO~ Location of Property . .I.1.1~. ~. 1120 PRIVATE RD: 16 House No. ' ...................... SOUTHOLD Stree{ ............................ County Tax Map No. 1000 Section 89 / ~ o ' Block 3 ~ ~ Ham/et ...................... '..,..'.. Lot 19 & 20 Subdivision CgDAN REACH PK Filed Map No ..... 90. Lot No. 4 [ .&A2 is returned herewith and disapproved on the ~llow~g grounds ...&qqg~QR~ .~q~ .L~.~q~ .QB ...... S~RUCToRES SItALL BE LOCATED ~N THE REQUIRED REA~ YARD IO0-ART 3-33 I~SUFFICIEHT FROHT YARD SET-BACK FOR. TilE ORE FAffILY DI~ELLING-"~INYMI~ 40~ KEQUIRED" 100 ART 3 100 ART XXIV 244 A ' '~N~]~CI~ ~9~ YARD SET-BACK FOR y.l~. ONE FAHILY DHELLZNG-"HINIHUH 15' REQUIRED" · ~o.orGg~ 2c2tX~-2~;~ ................................................... Building Inspector CURTIS g. HORTON RV 1/80 IIClIVID /~ ' )/ TOWN OF SOUTHOLD, NEW YORK ~AP~P~EAL~ROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. o^,, ..... Name of Appellant Street and Number Riverhead - Municipality ..N...e..y...~..o.~.]f.. ........ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..M...a..r..c..h.....2.1...,....1...9..9...1. ................... WHEREBY THE BUILDING INSPECTOR DENIED TO Peter S. Danowski, Jr. Name of Applicant for permit of ....6..t..6.... ~.9..a..n...q k.e.....~..v..e...n..u...e. ................... ~..%~Cb.~.¢I ................ ~le.~...~v.Q rk. 1;L 9 0 l Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .~..~...~..5.~...&..~.~..~...2..~..~.P...r..i`.v.~.a..t...e.~.R...d....~.B...a.~f~Z.i.~.e..w. ................. .R..T..4.0 Street /Hamlet / Use District on Zoning Mop Charles J. & Shelby S. ?. ~ ~.t. ~?.t....] .0..0_0....S_e_c..t..!.°..n....9. _0....B.]..°..c..~.~... ~.~. ~ ~.. ~ ~ge n t 0wner Bleifeld Mop No. 90 Lot No. 41 & o~n~ Owne, Joseph Spitaliere & camelia 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.) ArticleTIZ,XXIVSecti0n 100-33, 100-244 (A) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (~1~ A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws 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.I No ................................. Dated ............................. , ........................................ ) x) ) ,s requested for the reason that than 15 feet, total garage in side yard REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance front yard is less than 40 feet, side yard less side yards less than 35 feet; swimming pool and Form ZBI Continue on other side) REASON FOR APPEAL Continued v llVlI311 1. STRICT APPLICATION OF THE ORDINANCE would produce pmcticaldifficultiesorunn~es- Sory HARDSHIP becou~ irregular shape of lots creates two fr~~l~~ and construction must be 55 feet from edge of wetlands as flagged by N.Y.S.D.E.C. 2. The hardshipcreatedis UNIQUEand isnotshared by all propedies alike in the immediate vicinity ofthisproperty aodinthisuse district because flagging of wetlands and 55 foot setback prevent owners from locating proposed structures further from front yards. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because property is within subdivision map filed prior to zoning. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Peter S. Danowski, Jr. .............................................. _f March 1991 5worn to this 25th day u ........................................................ ~ N~ ~.~47~0~0 Qtmllfied Irt Stdfolk .. _C3~I~_. ,~ ,~ n Commi~m Exizlme/~xt130. ~1 I0~' TOWN OF SOUTHOLD P~OPERTY RECORD CARD oWNER FOI~ER OWNER STREET S VILLAGE E W DISTRICT SUB. ACREAGE .~7 TYPE OF BUILDING RES. J LAND IMP. VL..~/.~j TOTAL /~--~ FARM DATE MISC. J Est. Mkt.~ REMARKS AGE NEW Form Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Total NORMAL BELOW ABOVE FRONTAGE ON WATLK :~ /~: ~ ~ ~ =/=~:':~ >~ Acre Value Per Acre Value FRONTAGE ON ROAD BULKHEAD DOCK TOWN OF SOUTHOLD PROPERTY .RECORD OWNER STREET VILLAGE DIST. SUB. RES. S~S. VL. ~/~ FARM CO~. CB. MICS. Mkt. Value ~ND IMP. TOTAL DATE RE~RKS Tillable , FRONTAGE ON WATER W~l~na FRONTAGE ~ ~ '/0 ~ DEPTH .,., ~.. _ . ~/ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD August 10, 1993 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 Mr. Joseph Spitaliere 9 Noel Place Smithtown, NY 11787 Re: Appl. No. 3745 - Improvements within Right-of-Way Dear Mr. Spitaliere: This letter will confirm that we are in receipt of your request for a final inspection of the right-of-way which is the subject of the above appeal, and which right-of-way extends off the east side of Cedar Beach Road (near its intersection with South Bayview Road), which provides access to Lot #41 & 42 (combined) and Lot #44 shown on the "Map of Cedar Beach Park." The improvements recently constructed at the base of this right-of-way are found to be excellent and acceptable as meeting the specification requirements under the above determination. Please be aware that each and every lot along this access route will be subjected to periodic inspection and update, and to continuously maintain the entire length of the right-of-way in good condition, at all times (as per New York Town Law, Section 280-A). Please feel free to call us at any time if you have ques- tions. Very truly yours, CC: Building Department Attn: Inspectors GERARD P. GOEHRINGER CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Ooehringer, Chairman Charles Origonis, 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 INTER-OFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: Building Department Attention: Vic Lessard, Board of Appeal~ May 9, 1991 Department Head Building Permit Applications at Cedar Beach Area Requiring Application to ZBA for 280A Access As you may recall, there is a private right-of-way referred to as "Orchard Lane or Private Road #16 in Southold, which extends from the easterly side of Cedar Beach Drive (just south of General Wayne Inn) to several vacant parcels identified at Sections 090 and 089 of the Suffolk County Tax Maps (in the vicinity of 100-90-4-14, 19, 20 Spitaliere, Bleifeld, or others as landowners). We ask that you please flag your records to show that no building permits may be issued for any vacant lots in this area having access along this unimproved private right-of-way until each landowner has applied directly, by formal application, to the Board of Appeals for 280-A Access. It is our understanding that electric lines and water lines are buried under the right-of-way in question, and in the event a new home is built, facilities would need to be provided by digging up the right-of-way, substantially disturbing its base and requiring further Z.B.A. action or inspections. The Z.B.A. files show that all inspections of this right-of-way must be done through the Z.B.A. or alternatively through the Planning Board, particularly since there are many lots which have not been built upon in this area and the lots are on a previously filed subdivision map. Thank you for your assistance in this regard, and should you have any questions, please feel free to ask. Attached are copies of the County Tax Maps of this area for your convenience. £4. ~) COUNTY OF SUFFOLK ~o~ SOUTHOi_D r~lReal Properly Tax Service AgencYlv,cL~O~ 089 DEPARTMENT OF PLANNING eCOUNTY OF SUFFOLK PATRICK (~. HALPIN SUFFOLK COUNTY EXECUTIVE~ 360-5206 ARTHUR H. KUNZ DIRECTOR OF PLANNING May 9, 1991 To~n of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the follo~rlng 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) Bleifeld, Charles 4017 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Gfigonis, 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-! 800 Pursuant to Article XlII of the Suffolk County Charter, Board of Appeals of the Town of Southold, New York, hereby the following to the Suffolk County Planning Commission: X Variance from the Zoning Code, the refers Variance from Determination Special Exception, Article Special Permit ArticlexxIv, Section 100-244(A & of Southold Town Building Inspector, , Section B) Appeal No.: 4017 Applicant: Location of Affected County Tax Map Within 500 Town CHARLES BLEIFELD Land: 1115 ?rivate RQad No. Item No.: 1000-90-4-19 & 20 feet of: or Village Boundary Line X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway,-Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area 16 at Bayview, Southold Thruway State or Federally Owned State or Federal Park or Land or 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, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to locate new principal dwelling, poo'l and garage construction reduced front yard setbacks.. Copies of Town file and related documents enclosed for your review. Dated: 5/8/91 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 May 8, 1991 Robert F. Kozakiewicz, 616 Roanoke Avenue P.O. Box 779 Riverhead, NY 11901 Esq. Re: Appl. No. 4017 - Dr. and Mrs. Charles Bleifeld Dear Mr. Kozakiewicz: Transmitted for your records is a copy of the determination rendere by the Board of Appeals concerning the above application. Please be sure to return to the Building Department and any other agency for permits or other approvals which are necessary in this project. A copy of this decision has simultaneously herewith been transmitted to the Building Inspector for his files and update. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department Suffolk County Department of Planning ,e 3 - Appl. No. 401FBleifeld ril 30, 1991 Regular Meeting outhold Town Board of Appeals (e) in considering all of the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRA~T permission, under Application No. 4017 in the Matter of CHARLES BLEIFELD, to locate principal dwelling structure (inclusive of attached pool, deck areas, storage/garage areas), all as shown on the April 4, 1991 plan prepared by Peconic Surveyors, P.C., with a reduced front yard setback at not less than 20 feet, as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. Compliance of Conditions under ZBA Appl. No. 3745 rendered August 18, 1988 before issuance of Certificate of Occupancy (Temporary C.O. or otherwise) as to conditional approval of access under New York Town Law. 2. Before issuance of any Certificate of Occupancy, representative from Z.B.A. office to inspect and accept (after written request in writing is furnished confirming improvements to right-of-way have been placed). 3. No expansion or further reductions under bulk area and setback regulations of the code. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio and Villa. (Member Doyen was absent due to illness.) This resolution was duly adopted. lk RECEIVED AND FILED BY ~ ,~,--~:'r-?D T2)\~i~ Town Clerk, Town oi eou~**old Page 23 April 30, 1991 Public Hearing - Charles Bleifeld Southold Z.B.A. Appl. No.: 4017 Applicant(s): Location of Property: 1115 Private Road, County Tax Map No.: 1000-90-4-19 & 20 SoutholdNY The Chairman opened the hearing at 8:23pm and read the notice of hearing and application for the record. CHAIRMAN GOF/~RINGER: I have a survey by Peconic Surveyors, I don't particularly see the date on it but I'll find it, it's over here. April 4, as revised 1991 and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Could I ask you to state your name for the record sir. MR KOSNIAKEVICZ: Certainly, Robert F. Kosniakevicz. I'm from Peter S,~0Or~bo3~k~Law Office, here for the applicant. Preliminary I'd also like to note that should the Board have any questions concerning the architectual design, why the concept was chosen, we have the architect Bob Long here as well today. And finally Dr. Bleifeld, the applicant, one of the applicants and one of the owners is also present to ask questions, should you feel a desire to chose so. Also one preliminary question, I have some exhibits I'd like to introduce to the Board and I would like to do that in my presentation unless the Board would like to do so otherwise. CHAIRF~%N GOEHRINGER: No, that's fine. We very rarely ever review anything unless it's, you know, at this particular time. We'll review it later I'm sure. MR KOSNIAKEVICZ: Okay fine. The property itself is a unique parcel, I heard the Board refer to another parcel as dog leg, this is much more than a dog leg because of the property being bisected by Orchard Lane, we have in essence a L shaped or inverted L shaped or a right angle which forms two front yards on a parcel. In addition, the parcel is on the south or the east and the south side which is bordered by Cedar Beach Harbor. The application or that has been an application to D.E.C. as shown on the survey before the Board which shows the flag wet lands. There is a considerable amount of flag lands and meadow land on the property. The property is actually two tax map parcels that were purchased on January 4, 1990 by the owners in fee from Mr. & Mrs. Spitaliere and from Joseph Spitaliere. Incidentally Mrs. Swimmer is one of the owners of the property to the west side and from what I understand has no opposition to the project. Also with respect property, we note that is located in a R-40 zone, however because of its size, the fact it is only total area of 30,561 square feet, we actually fall within the Page 24 - April 30, 1991 Public Hearing - Charles Bleifeld Southold Z.B.A. MR KOSNIAK~¥iCZ, cont'd: guidelines of 100-244 of the Town code. We also would bring to the Boards attention that due to the extensive amount of wet lands in this case, we have calculated the actual area of upland of the wet lands to be 22,189 feet. The legal notice that is before the Board is a little bit inaccurate in that based upon some further consideration and believe me, this plan has been thought out very thoroughly and in many different concepts have been brought forth. We initially came in with a plan that showed a detached garage, a open pergola, which would have had a pool and garage in side yards, attached garage in side yard. That plan also called for a variance to the front yard of 20 feet which is still the same and a variance for side yards of 10 and 15 or a total of 25. The revised plan or the updated survey, which Mr. Chairman you referred to, has been revised and we've made a lot of cut backs and we feel we're at the limit of what we can do. The garage is now attached and therefore we no longer require a variance for that aspect. The pergola has now been replaced by the residents, which runs to the garage. The bulk pool has been located to the rear yard, likewise no variance is necessary. The variances for the side yards have been cut back and are now 10 feet and 20 or a total side yard of 30. The side yard variance of 10 feet is in essence a variance seeking approximately 33%. The total side yard variance of 30, I calculated to be approximately 16% of a variance. The front yard is, although at the closest point will be 20 feet, the interesting point that the owner wished me to bring out is that we initially looked at many of the, at the property and prior to his purchase D.E.C. had been already applied to and at that point and time had mandated a setback of 50 feet, based upon the fact that he purchased both lots and the new application they pushed him back another 5 feet and as you can see from the plans, he's now 55 feet from the flagged wet lands. The proposed residence, because of its unusual configuration is, well I'm going to let the architect do that aspect if you do want to get into that, be answered by Mr. Lund. Instead the other arguments. The total square footage of the house, incase the Board wants to know, is 4,367 feet. We arrived at that as follows: the footprint for the house is 2,053, the garage is 490, the pool is 348 and the deck, which is located to the south of the residence is 1,476. The building area thus taking into consideration the wet lands is less than 20%. We would respectfully ask the Board to approve the application inasmuch as we feel that the unusual shape of the property, coupled with the D.EoC. mandate and the Town Trustee mandates as well as the L shaped front yard causes a practical difficulty that is uniquely associated to the property and not something that is personal to the owners in this case. The, I don't recall, I mean I do note that a Page 25 - April 30, 1991 Public Hearing - Charles Bleifeld Southold Z.B.A. MR KOSNIAKEVICZ, cont'd: letter we make mention of the fact the Board of Trustees have been applied to. In fact we had previously sent a letter and I would like to also make that part of the evidence before the Board today, that we have received Trustees or Board of Trustees approval for this project. CHAIRMAN GOEHRINGER: I was just going to ask you for that copy. MR KOSNIAK~VICZ: We also have re-applied to the Board of Trustees just for the sake of making sure that the new plan as just recently revised is not going to run into any problems with the Board of Trustees. I can't see how it would, in essence the size of the structure is less and we're still the same distance from the D.E.C. or from the wetlands as flagged by the D.E.C. I'd also asked that the Board make part of the record today, a D.E.C. approval dated February 20, 1991, which sets forth the conditions and also shows the plan that was approved by D.E.C. and again for the record, that plan shows all structures 55 feet from the wet lands as flagged. In addition, I'd like to make part of the record today this Board's action on the application of Joseph Spitaliere, the appeal number for the moment eludes me, but in that application Mr. Spitaliere had applied for a variance to this very Board for a front yard setback of 30 feet in lieu of 35 feet. I will point out to the Board in that action that in paragraph number one on page one, the side yards in that instance were 10, 15 feet. Apparently at the time the application was made, the zoning requirements were different from those now, but I point that out to show to the Board that the project is not in, or out of conformity with the character of the neighborhood. We also would like to draw to the Board's attention the fact that we have taken two tax maps and created one, thus creating a benefit for society, health, etc. And that in lieu of two residential applicants or two separate residences coming to this Board perhaps you will only have one in such that 50% demand on water, sewer, etc. I also have a sketch today from Bob Lurid which gives the birdseye view of the proposed structure and I'd like to make that part of the record. Here's the D.E.C. I didn't recall if you had that. Board of Trustee's approval, the letter we just drafted to the Board of Trustees and the application of Joseph Spitaliere approving a 30 foot front yard and also the reference there to the 15 and 10 feet for your viewing so you get an idea of what's being proposed, this can be for the missing Board Member. There is one other point t know that, I believe the Board is aware of it, but I just wanted to make it part of the record. Orchard Lane is shown on the survey as 30 feet in width, in actuality Page 26 - April 30, 1991 Public Hearing - April 30, Southold Z.B.A. 1991 ~R KOSNIAKEVICZ, cont'd: there was a 280A access previously filed by Mr. Spitaliere and part of that approval, the right of way as it exists at the southern most end or as it touches upon Lot 42 as shown on the Cedar Beach Park map, it will be only 8 feet in width. That application they also hawe a copy, we ask that be made part of the hearing minutes and exhibit today. We feel that's important because in essence what it does is the house will be at a greater distance from the traveled roadway than what is actually shown on the survey and I think aethetically it's more pleasing in that it will be further away and again I'd like to make that part of the record. Thank you. MEMBER VILLA: Can I ask a question on that. CHAIPR~DkN GOEHRINGER: Sure. MEMBER VILLA: You say it's only going to be 8 foot wide but that is also going to be providing access to lot 43 is it not7 MR KOSNIAKEVICZ: That is correct. MEMBER VILLA: So therefore, I mean you know, that's going to have to be provided, possibly widened at some time in the future or become a wider thoroughfare than the private driveway for this. MR KOSNIAKEVICZ: Well as I was pointing out, it was part of the prior application to the Board. At that time it may become necessary to be widened, but at this point based upon the prior approval and the condition I think the 8 feet would be sufficient. MEMBER VILLA: Could I ask another question, if you know it. Lots 43 and 44, do you know if they are in common ownership? MR KOSNIAKEVICZ: Could you refer to the Suffolk County Tax Maps for me, because I don't happen to have the Cedar Beach Park. MEMBER VILLA: It would appear to be lot 14. MR SPITALIERE: Do you want me to answer that, I'm the owner? MEMBER VILLA: 18. MR KOSNIAKEVICZ: It would be lot 18 is owned by Camillus Spitaliere. Page 27 - April 30, 1991 Public Hearing - Charles Bleifeld Southold Z.B.A. MEMBER VILLA: How about 147 MR KOSNIAKEVICZ: That's by Joseph Spitaliere. MEMBER VILLA: So they are checkerboard. . MR KOSNIAKEVICZ: I believe I'm correct. MR SPITALIERE: They're single and separate, yes. MEMBER VILLA: Because I was wondering if they were in common ownership, if we couldn't just pull Orchard Lane back to the beginning of lots 43 and 42 and just end it there and abandon that part of the road and you'd have it as part of your lot? MR SPITALIERE: If I could make a suggestion on that, Dr. Bleifeld, I believe is going to bring his driveway in way up north on the property line, so he actually won't be utilizing the road to get to his property. MR KOSNIAKEVICZ: It would be to the northeast. MR SPITALIERE: Right, but he's not going to really use that last 80 feet of his road, if I understand it properly. MR KOSNIAKEVICZ: That's the way the plans indicate. MR SPITALIERE: Well as far as I'm concerned on my side, I would be pretty much doing the same thing. For the aesthetics of it, because of having a long driveway going in. Whereas I don't have to have access right to the end of the existing road to turn in. MR VILLA: But as long as lot 43 is in single ownership you are going to have road frontage to it. If 43 and 44 were combined, then you pull that road back and abandon part of it, but as long as you have 43. MR SPITALIERE: What I'm saying is I only need 20 to 25 feet possibly of lot 43 for access. There's 100 foot frontage on the road. We would only need the last 20, 25 feet. MEMBER VILLA: Well that you would have to see with the Planning Board on this. MR SPITALIERE: Well I'm just saying you know for my personal use. MEMBER VILLA: Okay, thank you. Page 28 - April 30, 1991 Public Hearing - Charles Bleifeld Southold Z.B.A. MR KOSNIAKEVICZ: Does the Board have any other questions? CHAIRMAN GOEHRINGER: Yeah, I have one other question in reference to the original decision of the 280A. The decision that was rendered said that the width would be 12 or 14 feet in width and you're referring to 8 feet. MR KOSNIAKEVICZ: Well at the very end of the decision where it refers to the roadway leading down to what would be Suffolk County Tax Map parcel 1000-90-4-19, or I believe, let's see if I have these, lot 42 it also goes on to mention that it would be reduced to a variance of 8 feet. It goes on further. CHAIRM3%N GOEHRINGER: Okay, down into that particular. Okay. Thank you. Who else would, you have someone else that is going to speak. You are going to have the ..... MR KOSNIAKEVICZ: If you have any architectural questions as to what's proposed or the concept. The wing that runs up along the easterly side, the L shaped or the long part of the L, will in essence be one room and a series and we feel that because of that in fact that needs access from one end to the other we can't reduce it in size and because of the wetlands pushing us back and the front yard pushing us this way, if I could with the, leaves very little area in which to construct a house without coming into some type of variance. CHAIRMAN GOEHRINGER: I just would like to ask the architect one question if you wouldn't mind. Which is not necessarily the nature of the front yard setback, but it could be. The actual width of the overhang or the soffat area is approximately how much? MR LUND: One the eastern wing? CHAIRMAN GOEHRINGER: Well, an average around the house. MR LUND: On the south side we have 4 feet.for shade, but on the areas under question, we'll have about 6 inches on each side for gutters. CHAIRMAN GOEHRINGER: That's it? MR LUND: That's about it. CHAIRMAN GOEHRINGER: Where is the water run off going to be toward ~he water side7 Will that be into any sort of storm drain? Page 29 - April 30, 1991 Public Hearing - Charles Bleifeld Southold Z.B.A. MR LUND: Yes. CHAIRMAN GOEHI{INGER: It will be. MR LUND: In the dry well. CHAIRiZAN GOEHRINGER: Okay. And so the nature of the 20 foot setback is not taking into consideration that 6 inches. Is that correct? Well I notice you have 20 foot'6 inches on there. MR LUND: The 20 foot setback is to the foundation wall. CHAIRF~%N GOEHRINGER: Is to the foundation wall. ~wSq LUND: Right. CHAIRMAN GOEHRINGER: I thank you very much. You are Mr. Lund, is that correct? MR LUND: Yes, that's correct. CHAIRMAN GOEHRINGER: Thank you sir. Does anybody else have any questions? Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Yes sir. State your name for the record please. MR MOSS: My name is Robert Moss, I live in Cedar Beach. I'm neither in favor or opposed to this. Just a statement. At the time Mr. Bleifeld purchased as I understand it, the Board of Trustees had outlined an envelope where the structure would have to be within and the purchaser obviously knew this at the time and I just want to make a comment that I hope that's being adhered to. CHAIRF~kN GOEHRINGER: It's an interesting point, normally under 239.4 had there been a bulkhead there, we would have addressed on this parcel, we would address the setback, but somewhere along the line when the new zoning code was put in place, we noticed that there was overlapping jurisdiction between the Town Trustees and ourselves and we then yielded to the Trustees in areas where there is no bulkhead. So the 55 foot setback is a setback that the Trustees are dealing with and as for the front yard setback that is an area that we are going to be dealing with and we will go back and re-inspect it based upon the revised maps, prior to making a decision. And we'll take everything that we possibly can into. Page 30 - April 30, 1991 Public Hearing - Charles Bleifeld Southold Z.B.A. MR MOSS: That's all I ask. CHAIRMAN GOEHRINGER: Thank you very much for coming in sir. MR KOSNIAKEVICZ: I missed the gentleman's name but just two comments with respect to what he asked. The original · application to the Board of Trustees was for plan A, or the original plan and as I pointed out it in fact came closer to the one side yard and in all other respects, is the same. So the building envelope has been complied with. The other point I also wanted to make which was apparently not perfectly clear. When he originally contracted to buy the property, the owners that is, D.E.C. was only mandating a 50 foot setback, subsequent there to and based upon their combination of two tax maps, D.E.C. pushed them back to 55, so they actually have come back from the wet lands a little bit further. Okay. CHAIRMAN GOEHRINGER: Thank you. Hearing no further comment, I make a motion closing the hearing reserving decision until later. Ail in Favor - AYE. PETER S. DANOWSKI, JR. ROBERT F, KOZAKIEWICZ LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O. BOX 779 RIVERHEAD, NY 11901 (516) 727~,900 FAX (516) 727-7451 May 6, 1991 MICHAEL T. CLIFFORD OF COUNS£L Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 $outhold, NY 11971 Re: Charles Bleifeld and Shelby Bleifeld SCTM ~1000-90-4-19 & 20 Dear Zoning Board: Please find enclosed copy of letter dated May 3, 1991 from the Town Trustees, which is self-explanatory. Kindly make same part of your file. .truly yours, RFK:g Robert F. Kozakiewicz Enc. cc: Dr. and Mrs. Charles Bleifeld Robert Lund & Associates, Architects TRUSTI~F~ John hl. Brcdemcyer, Iii, Prc~idcm HooD' P. Smith, Vice President Albert J. Kmpski. Jr, John L. Bednoski, Jr. John B- Tuthill Telephone (516) 765- I Y~2 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO ~)?$1 r P. 02 SCOTT L. HARRIS supervisor Town Hall. 53095 Main Ro P-O. Bvx 1[79 Southold. New York 119'~ Faa (516) 765-1823 Telephone (516) 765-180C October 2, 1990 Glenn Just J.M.O. Consulting P.O. Box 447 Quogue, NY 11959 RE: Bleifeld House/ SCTM #100090-4-19 Dear Mr. Just: The following action was taken by the Southold Town Board of Trustees on Thursday, September 27, 1990: RESOLVED that the $outhold Town Board of Trustees grant a waiver to build a one family dwelling, sanitary system, pool and deck. This waiver is for those activities greater than forty five feet (45') landward from the NYSDEC wetland line as noted on the land survey of Robert Lund& Associates, Architects dated April 6, 1990. For this waiver to be presented to the Duilding Department"for the purpose of issuing a building permit a prior inspection by a representative of the Trusteeu or Bay Constable must verify that a haybale or filter cloth barrier has been installed on the property at least 45' from the NYSDEC wetland line which shall remain in place until construction is completed. This waiver does not permit any cut, fill, equipment storage or other building related activity within forty five (45') of the NYSDE~ mapped wetland line. There shall be an additional ~hirty five dollars ($35.00) inspection fee for the Trustee verification of the silt barrier. If you have any question, please do not hesitate to contact this office. M. Bredemeyer, III President, Board of Trustees JMB:jmt CC: John Costello TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert I. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill 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 May 3, 1991 Robert F. Kozakiewicz Law Offices of Peter S. Danowski, Jr. 616 Roanoke Avenue P.O. Box 779 Riverhead, NY 11901 RE: Charles Bleifeld SCTM #1000-90-4-19 & 20 Dear Mr. Kozakiewicz: The Southold Town Board of Trustees reviewed your request for a waiver due to revised plans. Please note that the existing waiver granted on September 27, 1991 is still in effect as the revised plans fall into the conditions of the waiver. Enclosed please find the Resolution of September 27, 1991 as all conditions are in effect. If you have any other questions, please do not hesitate to contact this office. Very truly yours, Bredemeyer, III President, Board of Trustees JMB:jmt putnam to Section 267 of New York , T.o.wn Law and the Code of the Town . Y the Zoning Ordinance ^n¢ · Ill SOUTHOLD TOWN BOARD OF / ~keection 1~0-~3 and An cie ~.XI'," APPEALS at a Regular ~eeting. at ~ S~ion lO0 =4~ ' the Sotahold Town Hall 530~"~ ~,~ ' t - (^) 730pm Appl No. 4015-- .M.E.LVlN AND MOLLIE KURS. /~:~ an .............. ~'-. Y't "'~ ~ yard setback. Location of P . · S P ~ ~e Cedar Beach Park Filed Map No,' PfL°~at'onofPr°perty:36OMiam'l ~ T-- M, No 1000- Avenue, Peconin, NY; County Tax ~ 7:33 p.m. Appl. No. 4014 -- JES? SICA W. BARNAP. J). Yarinnce to the ~ing O,dinance, Article ll], Sectien 100-33 for penrdssinn to Ioeato acces- sory building in an a~a o~cr than th~ mqui~d ~-~r yard. Loctai~ of Prop- erty: 4240 Paradise Point Road~ Southcld, NY; Co~mty Tax Map Dis. inet 10OO, Section 81, Block 3, Le~ 7. 7:38 p.m. Appl. No. 3988 ~ ANTOMO VANGl..Varian~ to the Zoning Ordinance, Article XXIV~ Section 100-244 and Article XX~I~ Secti~ 100-239.4A for pe~nissi~m to construct additi~ with a setback of. less than 100 feot from tba top nf tba. bluff along the L~g Island Sound' and with side yards at less than the ~quL. ud 15 and 20 feet. The dwelling as e:tists is nonconfomting as to total sideyards, and the lot a~a and width' are nonconfommin$ in this R-40 Zone. District. Location of Properly: 645' Glen Court, Cutchogue, NY; County- Tax Map No. 1000-83-1-17. 7:45 p.m. Appl. No. 4020 -- KEITH HARRIS. Variance to the/ Zoning Ordinance, Article I~, Section 100-32 for permission to construct addition with an insutficlent ly) side yard set back. Location Pro~e~y: 265 Freeman Road, Mat,{- tack, NY; County T~ Map No. 1000- 139-3-37. 7:48 p.m. AppL No. 4019 -- CHARLES I~REPP. Variance to the Zoning Ordinance, Article XXHI; Seotien 100-239.4B forpennisalo~ to- insutl'~cient sed~:k ft~n the re~ining w,dl along ~ wa~er math. Locatlm nf Property: 1235 Island View Lane, C,~enport, NY; County Tax Ap No. 1000-57-2-18. 7:52 p.m. Appl. No. 4016 -~ JULIUS AND KATHERINE RA- GUS{~. Varinn~ to the Zoning dinance, Article XX]V, Sections 100, 242A nd 100-244B for permissinn to forming dwelling ~cttu~, in¢~'.a~ing ~he lot coverage and mduclng the yard setback. Locati~ of Property: 215 Hummel Avenue, Southold; County Tax Map No. {000-63-2-14.' 7:58 p.m. AppL No. 3998 -- HENRY AND MARY RAYNOR. (Current Ovmers: M~. and Mrs. Albert Mastropaolo). Variances: (1) for approval of access as te.qeired by. ~ew York Tovm Law, Section 280A. over p~vate right-of-way extending. off the north side of Peconic Bay' Boulevard, Laurel, to premises idea; tiffed as County Tax Map Designation 1000~126-04-1, 2, 5; and (2) to the Zoning O~dinance, Article [I~A, Sec- tion 100-30A.3, requesting telie[ under the bulk area ~quirements of. the proposed northerly parcel of ~0,162 sq. ft. and the proposed ~outh- easterly parcel of 27,062 sq. ft. The ~Lubject land is located in the R-40 r. one District. and is idso shown on' ]ba 'Map of A. L. Downs" as Lots I~o. 24, 25, 26, 27, 28, 29, 30. Co~/' taining a total combined area of 1.43±- acres. (Record is reopened to receive, additional survey information.) 8:00 p.m. AppL No. 4012 -- WILLIAM A~TD VIOLA DELUCA. Variances to the Zoning Ordinance, Article HI, Setaion 100-32 for np- prov~ of insufficient lot area, depth and width of two parcels in this pm- posed division of land located along the west side of Luthers (Breakwater) Road, Mattitu '~'-~ Tax Map No. 1000-99-2-18. LULAR TELEPHONE COMPANY d/b/a M~TRO ONE. Request for Spe- cial Exception approval under Ardcle VIII, Section 100-gIB(I), and Artic}e III, Section 100-31B(6) for an umnanned teleconmlurdcations bai{d~ ing in an existing concrete b{ock building and construction of a 104-ft. high rnonopoin radio tower with ante~ma for transmittin8 and receiving radio signals to provide cellular ~e- phone sewices. Lecatinn nf 415 Elljah's Lane, Mattituck, NY;.' also shown cn Plannin8 Board Map ' of May 15, {{)90, Map No. 8037: County Tax Map No. 1000-108-4;/' llL3 (pan of 11). The Board of Appeals will at said time and place hear any and ail per- sons or representatives desi~ng to be heard in each of the above matters. WHttemi comments may also be sub- mllxed prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Addi- ti0nal time for yonr presentation will be available, if needed. For more information, please ccl] 7ll$-180~. Dated: ApHi 10, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS OERARD p. GOEHRINGER CHAU~L~,N Ry Linda Kowals{d -7~22- I TA 18 3TATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) ,~ £~-/~'~- of Mattituck, In said County~ being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly #ewspapet~ published at Mattltuck, In the Town of Southold, County of Suffolk and State of New Yotk~ and that the Motlce of which the annexed is a printed copy, has been regularly published In said Newspaper once each week for / weeks c/~/oessively, commencing on the /~' day of /-- //~ /': Priocipa(-~?rk Swomt.~o b~fote m~Athis /~ day o~ 19 ~ ( LEGAL NOTICE NOTICE IS HI~By GIVEN, pursuant to'II, ion i 267 of New York Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, 53095 Main Road, Southold, NY I1971, on TUES- DAY, APRIL 30, 1991: 7:30 p.m. Appl. No. 4015- MELVIN AND MOLLIE KURS. Variance to the Zoning Ordinance, Article XXIV, Sec- tion 100-239.4A, Section 100-24415, ,for permission to con- struct addition with an insuffi- cient frontyard setback from the .w~terly property line, over e~ist- mg patio. Location of Proper- ty: 360 Miami Avenue, Peeonic, N~ County Tax Map District/ I000, Section 67, Block 06, Lot~ 016. 7:33 p.m. Appl. No. 4014-- JESSICA W. BARNARD. Var- lance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory building in an area other than the required rear yard. Location of Property: 4240 Paradise Point Road, Southold, NY~ County 'lhx Map District 1000, Section 81, Block 3, Lot 7. 7:38 p.m. Appl. No. 3988-- ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Ar- ticle XXIII, Section 100-239.4A for permission to construct addition with a setback of less than 100 feet from the top oftbe bluff along the Long Island Sound and with side yards at . less than the required 15 and 20 feet. The dwelling as exists is nonconforming as to total side-? yards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Pro- petty: 645 Glen Court, Cut- chogue, NY; County Tax Map No. 1000-83-1-17. 7:45 p.m. Appl. No. 4020--- KE~TH HARRIS. Variance to the Zoning Ordinance, Article III, Section 100-32 for permis- sion to construct addition with an insufficient (westerly) side yard setback. Location of Pro- perty: 265 Freeman Road, Mat- tituck, NY; County Tax Map No. 1000-139-3-37. 7:48 p.m. Appl. No. 4019-~' CHARLES KREPP. Variance to the Zoning Ordinance, Arti- cle XXII1, Section 100-239.4B for permission to construct open deck addition with an insuffi- cient setback from the retaining wall along high water mark.. Location of Property: 1235~ Island View Lane, Greenport, NY; County Tax Map No. 1000- 57-2-18. 7:52 p.m. Appl. No. 4016- JULIUS AND KATHERINE RAGUSIN. Variance to the Zoning Ordinance, Article XXIv, Sections 100-242A and 100-244B for permission to con- struct addition to existing non- conforming dwelling structure, increasing the lot coverage and reducing the rear yard setback. Location of Property: 215 Hum- mel Avenue, Southold; County Tax Map No. 1000-63-2.14. 7:58 p.m. Apph No. 3998-- HENRY AND MARY RAY- NOR. (Current Owners: Mr. and Mrs. Albert Mastropanlo.) Variances: (1) for approval of ac- cess as required by New York Town Law, Section 280A over private right-of-way extending off the north side of Peconic?~ Bay Boulevard, Laurel, to pre-' mises identified as County Tax Map Designation 1000q26-04-1, 2, 5; and (2) to the Zoning Or- dinance, Article ILIA, Section 100-30A.3, requesting relief under the bulk area require- ments of the proposed norther- ly parcel of 30,162 sq. ft. and the proposed southeasterly parcel of 27,062 sq. ft. The subject land is located in the R-40 Zone Dis- trict, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25, 26, 27, 28, 29, 30. Containing a total combined area of 1.43+ acres. (Record is reopened to receive additional survey infosmation.) 8:00 p.m. Appl. No. 4012- WILLIAM AND VIOLA DE- LUCA. Variances to the Zoning · :Ordinance, Article III, Section 100-32 for approval of insuffi- cient lot area, depth and widthf~ of two parcels in this proposed division of rand located along the west side of Luthers (Break- water) Road, Mattituck; Coun- t/Tax Map No. 1000-99-2-18.~ 8:05 p.m. Appl. No. 4017--~'~ CHARLES BLEIFELD. Vari- ances to the ~Zoning Ordinan~.~  icle III, Section 100.33 and'~nd~'~ icle XXIV, Section 100- 244(A) for: (a) permission to locate swimming pool and gar- age structures as accessory ur, es incidental to the proposed dence in an ama other than the required rear yard, and (b) per- mission to locate new dwelling structure with reduced side yard setbacks and reduced front yard setback. Location of PrOl~y: 1115 Private Road No. 16 a~ Bay- view, Southold; Lots 41 mid 42 as shown on the Cedar Beach Park Filed Map No. 90; Coun- ty T~x Map No. 1000-90-4-19~, and 20. 8:15 p.m. Appl. No. 4022-- CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. Request for Special Ex- . eeption approval under Article VIII, section 100-8lB(I), and Article III, Section 100-31B(6) for an unmanne~t telecomrauni. cations building in an exi.~ing concrete block building and construction of a 104-ft. high monopole radio tower with an- tenna for transmitting and re- ceiving radio signs to provide cellular talephone services. Location of Property: 415 Eli- jah's Lane, Mattituck, NY; also shown on Planning Board Map of May 15, 1990, Map No. 8937. County Tax Map No. 1000-108- 4-11.3 (part of 11). ,~ .T.h? Board of Appeals will at sma time and place hear any and all persons or representatiVeS d~l k ] siring tb be heard in each of the r above matters. Written com- ments may also he' submitted' prior to the conclfision of the subje~ct hearing. Each hearing will not start before the time al- lotted. Additional time for )re)ur presentation will be available, if needed. For more information, please call 765-1809. Dated: April 10, 1991. ': f. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINOER ~ CHAIRMAN By Linda Kowalsld / , lx,,4/ls/gl COUNTY OF SUFFOLI< STATE OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been .published in said Long Island Traveler-Watchman once each week for .................... /' ...... weeks successively, commencir~g on the Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York. No. 4806846 Qua[ilied in Suifolk County/ Commission Expires ?/3.~/~. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Origonis, 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. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible). 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 GERA~D P. CHAIRMAN GOEHRINGER Copies of the Legal Notices for Hearings to be held 4/30/91 were sent to the following on 4/15/91 Mr. & Mrs. Melvin Kurs 1404 Lowell Avenue New Hyde Park, NY 11040 Ms. Jessica W. Barnard 225 Elderfields Road Manhasset, NY 11030 Mr. John Scaramucci (Vangi) 2045 Westphalia Road Ma~tituck, NY 11952 Marie On§ioni, Esq. (Vangi) 218 Front St. - Box 562 Greenport, NY 11944 Mr. Keith Harris P.O. Box 513 Mattituck, NY 11952 Torkelsen Builders, P.O. Box 1475 Southold, NY 11971 Inco (Krepp) Deborah Doty, Esq. (Ragusin) P.O. Box 1181 Cutchogue, NY 11935 Mr. & Mrs. Henry Raynor 320 Love Lane Mattituck, NY 11952 (DeLuca and Mastropaolo) Peter S. Danowski, Esq. (Beifeld) 616 Roakoke Avenue - P.O. Box 779 Riverhead, NY 11901 Wm. D. Moore, Esq. (Cellular Telephone d/b/a Metro One) Clause Commons - Suite 3 Main Road P.O. Box 23 Mattituck, NY 11952 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Robert A. Villa James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 10, 1991 S.E.9.R.A. TYPE II ACTION DECLARATION 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 Appeal No. 4014 Project/Applicants: County Tax Map No. Location of Project: Jessica Barnard 1000- 8l-3-7 4240 Paradise Point Road, Southold~ NY Relief Requested/Jurisdiction Before This Board in this Project: Garage in frontyard at a height over 18 feet 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 ffouthold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. 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: SOUTHOLD TOWN ZONING BOSRD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL #4017, CHARLES J. BLEIFELD SHELBY S. BLEIFELD DATED: MARCH 25, 1991 Transmitted is application for variance submitted by Peter S. Danowski, Jr. on behalf of CHARLES J. BLEIFELD AND SHELBY S. BLEIFELD together with notification to adjacent property owners; short environmental assessment form; letter relative to N. Y. S. Tidal Wetlands Land Use; Notice of Disapproval from the Building Inspector; S. C. Health Department approval; Deeds; Trustee Letter; N. Y. S DEC Letter; Seven (7) survey prints; and Four (4) photos depicting property. PETER S. DANOWSKI, JR. ROBERT F. KOZAKIEWICZ LAW OFFICES PETER S. DANOWSKI, Jr. 616 ROANOKE AVENUE P.O. BOX 779 RIVERHEAD, NY 11901 (516) 727-4900 FAX (516) 727-7451 March 25, 1991 HAND DELIVERED MICHAEL T. CLIFFORD OF COUNSEL Town of Southold Zoning Board of Appeals Town Hall 53095 Main Road Southold, Now York 11971 RE: Charles J. Bleifeld & Shelby S. Bleifeld S.C.T.M. #1000-90-4-19 & 20 Dear Board of Appeals: Our office represents the Bleifeld's with respect to vacant land they own at Bayview. The owners have received approvals for construction of a house, open pergola, swimming pool and garage from D.E.C. and the Health Department. However, due to the 55-foot setback imposed by D.E.C. and the location o~ the wetlands as mapped by D.E.C., the Bleifeld's require a nL~aber of variances from your Board. In this regard, find enclosed: 1. Seven (7) survey prints last dated February 12, 1991, from Peconic Surveyors; 2. Four (4) photos depicting the property; 3. Copies of D.E.C. permit papers; 4. Copy of letter dated October 2, 1990, from Southold Town Trustees; 5. Copies of deeds recorded at Liber 11015 page 357, and Liber 11015 page 337; 6. Copy of Notice of Disapproval dated March 21, 1991, from Curtis W. Ho rton; 7. Copy of plan showing approval from Suffolk County Department of Health Services; 8. Zoning Board of Appeals Application including Form ZB1, Notice and amended Notice to Adjacent Property Owner together with certified receipts, ZBA Questionnaire, and Short EAF; 9. Copy of Authorization from owners; and 10. Check payable to Town of Southold. RFK/sd Enclosures uly yours,. AUTHORIZATION That the law firm of PETER S. DANOWSKI, JR., ESQ. is hereby authorized to sign in behalf of Charles J. Bleifeld and Shelby S. Bleifeld any doc~entation with regard to applications and/or affidavits made to the Town of Southold regarding property known as SCTM #500-090.00 ~ 04.00 - 019.000 and 020.000. .... SHELBY S. BLEIFELD STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) On the c~ ,~ day of March, 1991, CHARLES J. BLEIFELD AND SHELBY S. BLEIFELD, to me known to before me personally came be the individuals described in and who executed the foregoing instrument and acknowledged that they executed the same. .1~-16-~ ~2/87t--Text 12 PROJECT I.~. NUMBER 617.21 ~--~ 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) I. APPLICANT ~SPONSOR 2. PROJECT NAM;= 3. PROJEGTLOCATiQN: Jr. Charles J. Bleifeld & Shelby S. Bleifeld M..l=ma.W Southold C~..~ Suffolk No. # Orchard Lane, Bayview, Town of Southold; also known, as Lots ~1 and 42 on Map of "Cedar Beach Park" or S.C.T.M.' iND. 1000-90-04-19 & 20 SEQR 5. I~ PROPOSED ACllON: [] New [] Ex=inSiDer [] Modi fleat la./alt eratlon 6. ~ D~CRiOE P~E~ BRIEFLY; ~ Single-F~ily residence, o~n Pe~ola, Swiping P~i, ~ar ~tached Garage 7. AMOUNT OF LAND AFFECTED: ~ S. WILL PROPOSED ACTION COMPLy WITN~ OR OTHER EXISTING lAND uae flE~~ [] Yes ~ NO It NO, describe brlelly Variances for-front yard setback, accesso~7 uses (swi~'ning pool and two-car detached garage) in side yard~ insufficientn side yards. B. WHAT ~S PRESENT ~ND USE IN WC;N~F PROJEC~ · [] Residential [] Industrial ~ Commercial [] Agricullum [~ Park/Forest/Open space 10. DOES ACTION INVOLVE A PERMIT AP~p'~VAi... OR FUNDING. NOW ~'~-ULTIMATELY FROM ANY OTHER ~VERNMENTAL A~'ENCY (FEDERA~'~- STATE OR LOCAL)? ~ Yes [] NO l! yes, list agency(s) and permiUapprovals DEC, SCDHS, Southold Trustees. DOES ANY ASPECT OF THE ACTION NAVE A CURRENTL~'~ALIO PERMIT OR A~VAL? ~ Yes [] No I! ye~, list agency name and permillappr;wal SCDHS, Trustees [] Y. ~.o I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS~ OF MY KNOWLEDGE 1 (Continued on reverse side) -e P~ic controversy Concerning ~he Preparer ~ s gnatureW ZBA ~/75 ~he_N.Y.S. Enviro~nental Quality Review Act r ' cf before any action is taken. ~--~w w~ ~e mad~ by this board ~RORT ENVIRONMENTAL ASSESSMENT ~NSTRUCTIONS= (a) In order ~o answer ~he questions in this short EAF it is assumed that the preparer will use currently available informationconcerning t~e 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- nAficant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project As not SAgnifAca~t. (d) ~Env~roemental Assessmen~ 1. WAll 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? X ~Yes 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. W~ll project result in a major adverse effect on air quality? Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be ~nportant to the community? Yes 9. Will project adversely impact any site or Struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? ~es X..__No 10. Will project have a m~jor effect on existing or future recreational opportunities? Yes ~ NO 11. Will project result in major traffic problems or cause a major effect to existing tro~sportation · 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 safe=y? ___Yes 14. Will project affect the existing community hy directly causing a growth in permanent popula- ' tion of more than ~ percent OVer a one-~ear ~Yes X No period or have a major negative effect on the charact~of the community or neighborhood? 15. Is there QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Charles J. Bleifeld Tenant by the entirety Shelby S. Bleifeld Tenant bythe entirety B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes {x } No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? {x } Yes { } No Per D.E.C. Permit D® 1. Are there any areas which contain wetland grasses? YES 2. Are the wetland areas shown on the map submitted with this application? YES 3. Is the property bulkheaded between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its detezlnination of jurisdiction? YES - see letter dated E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? YES (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? NO If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? YES If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? ¥~ If yes, please explain where or submit copies of deeds. See copies of Deeds annexed. I. Please list present use or operations conducted at this parcel Vacant and proposed use ~n?]~ F~mily mm~id~nc~, mwi~n~nq_n~o], two-cardetachedgarage 3/87, 10/901k PETER S. DANOWSKI, JR., ESQ., Agent for Owners § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trusl~eee of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flat~ or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flat~ and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (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. Bo FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- fie 1, § 24-0107, Subdivisions l(a) to l(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 B(1) and lying with- in seventy-five {75) feet landward of the most land- ward edge of a ~freshwater wetland." 9705 2- 2s- s5 TRUSTEES John M. Bredemeycr. IIi, President Hen~ P. Smith, Vice President Albert J, Kmpski. Jr. John b. Bednoski. Jr. John B. Tmhill Tclcphone (516) 765-1 ~392 FROM TELLO MARIItE TO 2~ BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD P.02 SCOTF L. HARRIS Supervisor Town Hall. 53095 Main Rent P.O. Box 1179 Soutbold, New York 1197'I Fax (516) 765-1823 Telephone (516) 765-1800' October 2, 1990 Glenn Just J.M.O. Consulting P.O. Box 447 Quogue, NY 11959 RE: Bleifeld House/ SCTM #100090-4-19 Dear Mr. Just: The following action was taken by the Southold Town Board of Trustees on Thursday, September 27, 1990: RESOLVED that the Southold Town Board of Trustees 9rant a waiver to build a one family dwelling, sanitary system, pool and deck. This waiver is for those activities greater than forty five feet (45') landward from the NYSDEC wetland line as noted on the land survey of Robert Lund& Associates, Architects dated April 6, 1990. For this waiver to be presented to the Building Department for the purpose of issuing a buildin9 permit a prior inspection by a representative of the Trustees or Bay Constable must verify that a haybale or filter cloth barrier has been installed on the property at least 45' from the NYSDEC wetland line which shall remain in place until construction is completed. This waiver does not permit any cut, fill, equipment storag~ or other building related activity within forty five (45') of the NYSDEC mapped wetland line. There shall b~ an additional thirty five dollars ($35.00) inspection fee for the Trustee verification of the silt barrier. If you have any question, please do not hesitate to contact this office. johny tru~ ~- ~ M. Bredemeyer, III President, Board of Trustees JMB:jmt ce: John Gostello b ) .) New York State Department of Environmental Conservation Building 40--SUNY, Stony Brook, New York 11790-2356 (516) 751-1389 Thomas C. Jorling Commissioner February 20, 1991 Charles & Shelby Bleifeld 9 Regal Court St. James, NY 11780 Re: 1-4738-00196/00001-0 Dear Mr. & Mrs. Bleifeld: In conformance with the requirements of the State Unif~rm~ Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any con- ditions, please contact us at the above address. Also enclosed is a permit sign which is to be 'conspicuously posted at the project site and protected from the weather. Very truly yours, Christine d. Co~,t~poulos Deputy Regional Permit Administrator enclosure CJC~ sl c rer:coverltr 95-20~6 110/90)-- 25c DEC PERMIT NUMBER 1-4738-001 96/00001-0 NEWARK STATE DEPARTMENT OF ENVIRONMENTAL CONSEJON PERMIT Under the Environmental Conservation Law (ECL) EFFECTIVE DATE February 20, 1991 EXPIRATION DATE May 31, 1993 TYPE OF PERMIT (Check Ali Applicable Boxes) ~]New J~R ..... I [~]Modification El Permit to Construct E]Permit to Operate Article 15, Title 5: Protection of Water Article 15, Title 15: Water Supply -- Article 15, Title 15: Water Transport Article 15, Title 15: Long Island Wells Article 15, Title 27: Wild, Scenic and Recreational Rivers ~ 6NYCRR 608: Water Quality Certification Article 17, Titles 7, 8: SPDES -- Article 19: __ Air Pollution Control Article 23, Title 27: Mined Land Reclamation Article 24: Freshwater Wetlands -- Article 25: __ Tidal Wetlands Article 27, Title 7; 6NYORR 360: Solid Waste Management Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management Article 34: __ Coastal Erosion Management Article 36: Floodplain Management Articles 1, 3, 17, 19, 27, 37; 6N~'CRR 380: Radiation Control -- Other: PERMIT ISSUED TO TELEPHONE NUMBER Charles & Shelby Bleifeld ~516) 724-3089 TEL[PHONE NUMBER ( ) NAME AND ADDRESS OF PROJECT/FACILITY Orchard Lane LOCATION OF PROIECTJFACILITY COUNTY TOWN/CITYJVILLAGE WATERCOURSEJWETLAND NO NYTM COORDINATES Suffolk Southold Cedar Beach Harbor DESCRIPTION OF AUTHORIZED ACTIVITY Construction of a single family dwelling, deck, garage, pool, driveway, retaining wall and sanitary system_ Placement nf apprn×imately 1300 cubic yards nf clean fill. All By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (See Reverse Side) and any Special D Corlditi,~ns.included as part of this permit ...... , ... epul;y ~e.ql ona/ PERMIT ADMINISTRATOR ADDRESS Christine J. Costopoulos 2/20/91 :'~':" ;:c'~l:':Pagel°f ~- 95-20~6a (10/90)-- 25c ADDITIONAL GENERAL CONDITIONS EOR ARTICLES 1S (Title 5), 24, 2S, 34, 36 and 6 NYCRR Part 608 ( 9 That if future operations by the State of New York require an al- teration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation 13 it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused 14 thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill excavation, or other 'i5 modification of the watercourse hereby authorized shall not be com- pleted, the owners, shall without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration, 16 10 That the State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused ~i 7 by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 11. Granting of this permit does not relieve the applicant of the responsi- bility of obtaining any other permission, consent or approval from 18 the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State Office of General Services or local government which may be required. 12. Ali necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. Any material dredged in the prosecution of the work herein permitted shah be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway, There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove al[ or any portion of the uncompleted structure or fill and restore the site to its former condition. No cJaim shall be made against the State of New York on account of any such removal or alteration, If granted under Article 36, this permit does not signify in any way that the project will be free from flooding. If granted under 6 NYCRR Part 608, the NYS Department of Environ- mental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met, Ail activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by John T. Metzer December 18, 1990 last revis-~ F~. ~ ~991 on e SPECIAL CONDITIONS Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands. The storage of construction equipment and materials shall be confined to within the project work site and/or upland areas greater than 50' from NYSDEC wetlands line. A row of staked hay bales or approvable erosion control devices shall be staked 50' landward from NYSDEC wetlands lineat commencement of regulated activities and remain in place until project is completed and .all disturbed areas are stabilized with vegetation. To protect the values of the tidal wetland, a permanent vegetated buffer zone shall be established. There shall be no disturbance to the natural vegetation or topography within an area extending 50 linear feet landward of the tidal wetland boundary. Driveway and parking areas Shall be constructed of pervious material. Roof runoff shall be directed to drywells. Drywells shall be located a minimum of 55' from the tidal wetland boundary. 7. No other structures will be permitted without further approval of the Department. DEC PERMIT NUMBER 1-4738-00196/00001-0 PROGRAMJFACILITY NUMBER Page of 95-20-6 f (7187)--25c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS For ArticLe. (_ 3 10. Project must comply with all local and federal floodplain regulations. All fill shall consist of "clean" gravel and soil (not asphalt, slag, flyash or broken concrete or demolition debris). There shall be no disturbance to vegetated tidal wetlands as a result of this permitted activity. Supplementary Special Conditions (a) thru (j) attached. DEC PERMIT NUMBER 1-4738-00196/00001-0 PROGRAM NUMBER Page ~ of ~ FEBJ. 199 SUFFOCK COUNTY D~'PARTMENT O~ HEALTH S~RV*iCES FOR APPROVAL OF ~TION ONLY 'fhe water supply a~. d se wage disposal systems for this residence will conform to the standards of The Suffolk County Department of Health Services. AREA = 30,561 sq. ft. to tie line Prepared in accordsr~e with the minkeum standards for title'surveys eJ established ~Yo the L.I.A.LS. and approved ar~ edopted r ~ch use b~' The New York State Land Title Association. SEPTIC SYSTEM CROSSECTION (51e t P. O. BOX 909 MAIN ROAD ~pUTH~D, ~.Y. IfYSDEc 'EYoRS, P.C. £ / 76' 07' SUFICOLK COUNTY DEPARTMENT OF H£ALTH SERVICES FOR APPROVAL OF CON~TI~UCTION OF S~ngle Family Residence Only APPROVED ,. ~'~ - EXPIRE8 ~0 YEARS FROM ~ATE OF APPROV~ ~ CEO.O 04. O0 0%$.0OO - / --- JoSr p~,! C./SPtTALI£RE .,imm I mm I~.~mon~iy ~m,v~wm,~L who, ~i~ k,y ~. 090.0 04,00 019.000 Southold Ikmmbd. kqum d CHAliLE$ J. BI~IIrSLD mod St. Jml. ~v YO~ ti780 '~ddJdl~JlJJb T~mm of Soothold, County of SuffoLk and State Wllip York, kno~m and design&tod on Lot n~oberod 41 off n mil) ofltitbld 'anti, division Kmp of Coder Beech Pork it Rep:LO,d, Tole 0£ Southold, Mmv York, limdo by Otto I'~o,f'mmoLmtmX Itflgtnomr end Surveyor, GlromnpoFt, mod filed tn tho Office of tho CIOES of tho ¢otmty With tho hoMftts of & pmnumneflt olMoS tn Libor J~ r~J~3 ~ml a Sight of May to Lthor 5088 limp 432. Il tho Il p~rlJoo dasc£&bod dll grantee in deed dlmcrtbod to Lthor t0lll ffmOo 305. J ii A Jill. il LtlJ lliJlC ~j Jommdry I~ O00idm mu mmmmummsm (btm dwd it . bimmt m dsm ~'m m it m #m al. mid b mm m t,i~mm m mc~ml 090.0 liemm 04.00 i~r 020.000 ~ mm mqmuw Southold Ibmmm m b~mm mt PAGE 5?7 ZIP 9~o-4-5 SCHNEIDER JEAN A ~7.3~ ,)15 LAKESIOE DR 9C.-4-~ DE,ARIA JOH~l J ~ ~F ....................................................... ~J? 57S 3~'<~30D COURT .................................... SCUTHOLD NY 11971 ~0.-~-11.1 ~[~E~ANN JOHN J ~ ~F ........................... ~0.-~-14 SP[TAL[E~F JOSEPH C ....................................................... ~o.-~-~/ ~ ~o~- ~ ~ '- .......................................................................... CAHELEA ....................................................... 4~.~j~g 9 NOeL PLACE "~E 1.~1[~.~90 S 0 U T H 0 L 0 0 t~ N E R S G U ! O E PAGE 578 ,-~. ~-ZO" 8LE[FELD CHARLES J & SHELBY ~ 9 RE~AL COUPT ~ ......................... ~ ST JA[~ES NY 11783 --:--- ........................... :-::,-:--:;:::--::;:--:-:m,:,::::. .... : ............... : ......................................... -'-T---'--~; ............................ ,;-,,,;;-;T;7,~;7,--'TT~7;;C~-,,T,7~;;-~7-T .... ;;T-,T, ....................................... ~ ~.~ ~ ~ S3'JTHOL~ NY 11971 ...................... ;_,__;:.-~ ;: c ~;:;~;; _ ;:-;: ;:-~_ ;;~ ,_ ;;;;;; ~:;, ......... ~;;; ..... ~;~;.;;; ....... ; ............................... APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. JOSEPH H, SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I,. N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE BOARD OF APPEALS Appl. No. 3745. Upon Application of JOSEPH SPITALIERE/JOHN C.W. CAMPBELL for a Variance for Approval of Access in accordance with New York Town Law, Section 280-a over private right-of-way located along the east side of Cedar Beach Drive (just ~outh of General Wayne Inn) and extending in an easterly and thence southerly direction to parcels identified on the Suffolk County Tax Maps as No. 1000- 90-4-14 and(~ WHEREAS, a public hearing was held on JUly 14, 1988 in the Matter of the Application of JOSEPH SPITALIEREunder Appl. No. 3745; and WHEREAS, 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, 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. This is an Application for Approval of Access pursuant to New York Town Law, Section 280A, over a private right-of-way extending from the east side of Cedar Beach Drive (just south of General Wayne Inn) and extending in an easterly direction 724.52 feet, thence in a curve (radius 114.57 ft.), and running thence southerly 150 feet, more or less, to the subject lots. 2. The vacant lots to which is access is requested are identified on the Map of "Cedar Beach Park" filed December 20, 1927 Map No. 90, as Lots #42 and #44, and on the Suffolk County Tax Maps as District 1000, Section 90, Block 4, Lots 19 and 14, respectively. 3. This application does not reflect a formal request for access to any other lots in this vicinity, and this determination is made on the basis of two additional (new) dwellings on both the subject lots. · ~age 2 - Appl. No. 37. Matter of JOSEPH SPITA~L-iERE Decision Rendered August 18, 1988 4. Upon inspection of the right-of-way in question, it has been found that most of the presently traveled portion is at a width of 8-10 feet and the base is in fair condition with some depressions and potholes. The end portion nearest Lot #42 is heavily wooded. (See both topographical maps prepared by R.J. Mavrikakis, Land Surveyor, Hauppauge, NY, lastly revised June 18, 1988, submitted for the record.) 5. It is the opinion of the Board Members that the right-of-way is in need of repair, resurfacing and placement of stone blend, as further noted below. In considering this application, the Board finds: (a) that the relief requested is necessary; (b) the grant of the relief requested will not cause a substantial effect or detriment to adjoining properties; (c) the circumstances of this appeal are unique to the property; (d) the practical difficulties are sufficient; (e) there is no other method feasible for appellant to pursue, other than a variance; (f) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by granting a conditional variance, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT approval of access to Lots #42 and #44 of the "Map of Cedar Beach Park" filed December 20, 1927, identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 4, Lots 14 and 19, respectively, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That all potholes and depressions be filled and compacted with bankrun, and leveled; 2. That the entire length of the right-of-way be cleared to a minimum width of 12 feet and height of 14 feet; 3. That the entire length of the right-of-way be resurfaced with two-inches (2") of stone blend for a width of 8-10 feet, except that the wooded portion of the right-of-way near the end (close to Lot ~42) may be resurfaced to a width of eight feet. · ~age 3 - Appl. No. 37t ~atter of JOSEPH SPITA~TERE Decision Rendered August 18, 1988 4. That the right-of-way be continuously maintained in good condition (at all times). 5. Final inspection to be made by this Board (or an authorized representative of this Board. 6. That there be no disturbance to wetlands in the area. 7. That the improvements required herein may be constructed at any time up until and before the issuance of a Certificate of Occupancy for either newly proposed dwelling structure. Vote of the Board: Ayes Messrs. Goehringer, Grigonis and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk PETER S. OANOWSKI, JR. ROBERT F. KOZAKIEWlCZ LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O. BOX 779 RIVERHEAD. NY 11901 (516) 727-4900 FAX (516) 727-7451 April 22, 1991 MICHAEL T. CLIFFORD OF COUNSEL Board of Town Trustees Town of Southold 53095 Main Road P. O. Box 1179 Southold, New York 11971 RE: Dr. and Mrs. Charles Bleifeld Premises: 1115 Private Road, at Bayview~ Southold~ S.C.T.M. Dear Trustees: No. 16 #1000-90-4-19 & 20 Please find enclosed copy of letter dated October 2, 1990, and portion of plan previously submitted to your Board. In order to reduce the n~ber of variances needed in order to construct the one-family dwelling, sanitary system, pool and deck, the Bleifeld's have revised the proposed sEructures. Enclosed please find one survey print revised on April 4, 1991, by Peconio Surveyors, p. C. The revised structures still remain in equal distance away from the wetlands as flagged by New York State Department of Environmental Conservation. Further, the proposed structures remain within the 20% b uildable area as required by the Southold Town Code. Please grant a waiver to the Bleifeld's to construct a one-family dwelling, sanitary system, pool and deck. RFK/sd Enclosures .truly yours,. ROBERT F. KOZAKIEWICZ FROH TO ~ TRUSTEF~ John M. Bredem~y~r. 111. Ptc~id~nl Henry P. Smith. Vic~ Pn:sidcnt Albert J. Kmpski. Jr. John L, Dednoski. Jr. John B. Tuthil] Tclcphon¢ (516) 765-1 ~92 Oc=ober 2, 1990 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L, HARRIS Supc~isor Town Hall. 53095 Main Roa~ P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephonc (516) 765-1800 Glenn Just J.M.O. Consulting P.O. Box 447 Quogue, NY 11959 RE: ~leifeld House/ SCTM ~100090-4-19 Dear Mr. Just: The following action was taken by the Southold Town Board of Trustees on Thursday, September 27, 1990: RESOLVED that the $outhold Town Board of Trustees grant a waiver to build a one family dwelling, sanitary system, pool and deck. This waiver is for those activities greater than forty five feet (45') landward from the NYSD~C wetland line as noted on the land survey of Robert Lund & Associates, Architects dated April 6, 1990. For this waiver to be presented .to the Building Department' for the purpose of issuing a building permit a prior inspection by a representative of the Trustees or Bay Constable must verify that a haybale or filter cloth barrier has been installed on the property at least 45' from the NYSDEC wetland line which shall remain in place until construction is completed. This waiver do~s not permit any cut, fill, equipment storage or othe~ building related activity within forty five (45') of the NYSDEC mapped wetland line. There shall be an additional thirty five dollars ($35.00) inspection fee for the Trustee verification of the silt barrier. If you have any question, please do not hesitate to contact this office. 3ohny tru]~'~Outrs' M, Bredemcycr, III Presldcn%, Board o£ Trustees JMB:jmt cc: John Costello $outhold Town Board of Appeals MAIN EOAD- BTATE EOAD 25 8OUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. OOEI'IRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI James Dinizio, Jr. ACTION OF THE BOARD OF APPEALS Upon Application of JOSEPH SPITALIERE for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for placement of a new dwelling structure with an insufficient setback from the front property line. Location of Property: Right-of-Way located along the east side of Cedar Beach Drive, Southold (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 4, Lot 14. WHEREAS, a public hearing was held on October 6, 1988, in the Matter of the Application of JOSEPH SPITALIERE under Appeal No. 3765; and WHEREAS, 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, 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. This is an Application for a Variance under Article III, Section 100-31, Bulk Schedule, for permission to place principal dwelling structure with a reduced setback from the front property line at 30 feet, as shown on the Topographic Map prepared by R.J. Mavrikakis, L.S. lastly revised September 19, 1988 (No. 88-6). The setbacks proposed from the "flagged" wetlands line are shown to be approximately 50+ feet, and from the sides at 10 and 15 feet. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 4, Lot 14. 3. The premises in question contains a total area of approximately one-half acre and is presently vacant. Matter of I RE Decision Rendered October 6, 1988 4. Article III, Section 100-31, Bulk Schedule (Column "A") of the Zoning Code requires a minimum frontyard setback at 35 feet from the front property line. The reduction proposed by this application is from 35 feet to 30 feet. 5. For the record it is noted: (a) that the premises is located near the end of a private right-of-way; (b) that an application is pending with the N.Y.S. Department of Environmental Conservation under #10-88-1029, and their Agency has urged that the distance to wetlands be maximized (see communications dated June 7, 1988 and August 15, 1988); (c) that an application is pending with the Office of the Town Trustees under #631 and has been placed temporarily in abeyance; (d) that the premises contains a substantial amount of meadow land and wetlands, which limit the buildable upland portion of the premises. {The setbacks from the meadow and wetland areas are not within this Board's jurisdiction under Chapter 100-Zoning of the Town Code.) 6. It is the position of this Board that in considering this application: (a) the relief requested is not substantial, being a variance of approximately 15% of the requirement {reduction of five feet}; (b) the relief requested will not alter the character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of the manner in which the difficulties arose, the interests of justice will be served by granting the Matter of JOSEPH SPIT~L~I'ERE Decision Rendered October 6, 1988 variance, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, to GRANT a Variance for a reduction from a 35-ft. frontyard setback to a 30-ft. frontyard setback, as applied in the Matter of JOSEPH SPITALIERE under Appeal No. 3765. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness.) (Member Dinizio abstained.) This resolution was duly adopted. lk GERARD P. GOEHRINGER ~/ CHAIRMAN New York State Department of Environmental Conservation Building 40--SUNY, Stony Brook, New York 11790-2356 (516) 751-1389 Thomas C. Jorling Commissioner February 20, 1991 Charles & Shelby Bleifeld 9 Regal Court St. James, NY 11780 Re: 1-4738-00196/00001-0 Dear Mr. & Mrs. Bleifeld: In conformance with the requirements of the State Unif~rm_ Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any con- ditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Very truly yours, Christine J. Coskt~bpoulos Deputy Regional Permit Administrator enclosure CJCx s 1 c rez:coverltr · 95-20~5 [10190)-- 25c DEC PERMIT NUMBER 1-4738-001 96/00001-0 FACILITY/PROGRAM NUMBER(s) F ENVIRONMENTAL CONS PERMIT Under the Environmental Conservation Law (ECL) EFFECTIVE DATE February 20, 1991 ERPIRATION DATE May 31, 1993 TYPE OF PERMIT (Check All Applicable Boxes) J E]New E~Renewal [~Moditication El PermR to Construct ~JPermit to Operate J -- Article 15, Title 5: Protection of Water Article 15, Title 15: Water Supply Article 15, Title 15: Water Transport Article 15, Title 15: __ Long Island Wells Article 15, Title 27: Wild, Scenic and Recreational Rivers ~ 6NYCRR 608: Water Quality Certification Article 17, Titles 7, 8: SPDES Article 19: Air Pollution Control Article 23, Title 27: __ Mined Land Reclamation Article 24: Freshwater Wetlands Article 25: Tidal Wetlands Article 27, Title 7; 6NYCRR 360: Solid Waste Management Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management Article 34: Coastal Erosion Management -- Article 36: Floodplain Management -- Articles 1, 3, 17, 19, 27, 37; __ 6NYCRR 380: Radiation Control Other: PERMIT ISSUED TO TELEPHONE NUMBER Charles & Shelby Bleifeld ~516~ 724-3089 ADDRESS OF PERMITTEE 9 Renal Court q+ .~.m~: Nv I'ITRR CONT,~T PERSON EO~ NAME AND ADDRESS OF PROJECT/FACILITY Orchard Lane LOCATION OF PROJECT/FACILITY COUNTY TOWNJCITYJVILLACE WATERCOURSEJWETLAND NO NYTM COORDINATES Suffolk Southold Cedar Beach Harbor E: N:4__ DESCRIPTION OF AUTHORIZED ACTIVITY Construction of a single family dwelling, deck, garage, pool, driveway, retaining wall and sanitary system. Placement nf approximately 1300 cuhic yards nf clean fill_ All By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (See Reverse Side) and any Special Cooditi,ons incl~4ded as part of this permit. ? ....... Depu'[,y Ke.qiona/ i::?::~%~.L:t"!'::':~-,: .,.~ :,.~ ._. Christine O. Costopoulos s'~:A'?; ;~::;'" ::;:: :- ~:;:: t.:;?:.' ::-o~zc ':[5;¢r~'2/20/91z~..c:~:~.:, ~.:E ',': ;:-:*,-1 Pa§e 1 of ~.;~:~. L L 790.235 ° 95-20-6a [10190)--25c ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5}, 24, 25, 34, 36 and 6 NYCRR Part 608 ( 9. That if future operations by the State of New York require an al- teration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation 13 it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State. the owner may be ordered by the Department to remove or alter the structural work. obstructions, or hazards caused 14 thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other 15 modification of the watercourse hereby authorized shall not be com- pleted, the owners, shall, without expense to the'State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fii[ and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 10 That the State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused 17 by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shaU accrue from any such damage. 11. Granting of this permit does not relieve the applicant of the responsi- bility of obtaining any other permission, consent or approval from lg the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State Office of General Services or local government which may be required. 12 All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. If granted under Article 36, this permit does not signify in any way that the project will be free from flooding. If granted under 6 NYCRR Part 608, the NYS Department of Environ- mental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met, All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by Oohr~ m. Metzer December 18, 1990 last revi~- F~. ~ ~991 on SPECIAL CONDITIONS Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands. The storage of construction equipment and materials shall be confined to within the project work site and/or upland areas greater than 50' from NYSDEC wetlands line. A row of staked hay bales or approvable erosion control devices shall be staked 50' landward from NYSDEC wetlands line at commencement of regulated activities and remain in place until project is completed and .all disturbed areas are stabilized with vegetation. To protect the values of the tidal wetland, a permanent vegetated buffer zone shall be established. There shall be no disturbance to the natural vegetation or topography within an area extending 50 linear feet landward of the tidal wetland boundary. Driveway and parking areas Shall be constructed of pervious materiaq. Roof runoff shall be directed to drywells. Drywells shall be located a minimum of 55' from the tidal wetland boundary. No other structures will be permitted without further approval of the Department. 1-4738-00196/00001-0 PROGRAM/FACILITY NUMBER J Page ,3 of ~ 95-2~f (7/B7)--25c DEPARTMENT OF ENVIRONMENTAL CONS SPECIAL CONDITIONS For Article ( -) 8. Project must comply with all local and federal floodplain regulations. 9. All fill shall consist of "clean" gravel and soil (not asphalt, slag, flyash or broken concrete or demolition debris). 10. There shall be no disturbance to vegetated tidal wetlands as a result of this permitted activity. Supplementary Special Conditions (a) thru (j) attached. F'~Y~'-'°~°~4~/° ° °° ~- ° FACILITY ID NUMBER PROGRAM NUMBER Page ~ of SUFFOCK COUNTY DEPARTMENT OF HEALTH ~RVICES FOR APPROVAL OF ~TION ONLY DATE H.S. R~. NQ SEPTIC SYSTEM CROSS ECTION FEB~I, 4 199 .. N ~Y, S. D. E. C. "~he water supply and sewage disposa~ aystems for this residence wi//conform N Y S DEC to th. stand, ds of r~ Su.o/k Cou. ty ,47[~V£0 · ,' ~10' ~.~ / st~d, f, ti~' ,,vey, , ee~d' ~~:~::. ' ' ' ' · by ~ L.~.L.S. ~ ~oved ~ ~ted PEC~EYORS. P.C. for ~ u~e bY T~ ~w York State L~d (516)765 - ~020 Ti~ Aesociabon. P. O. BOX 909 MAIN ROAD 76' 07' 55' APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI $outhold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE BOARD OF APPEALS Appl. No. 3745. Upon Application of JOSEPH SPITALIERE/JOHN C.W. CAMPBELL for a Variance for Approval of Access in accordance with New York Town Law, Section 280-a over private right-of-way located along the east side of Cedar Beach Drive (just Bouth of General Wayne Inn) and extending in an easterly and thence southerly direction to parcels identified on the Suffolk County Tax Maps as No. 1000- 90-4-14 and 19. WHEREAS, a public hearing was held on July 14, 1988 in the Matter of the Application of JOSEPH SPITALIERE under Appl. No. 3745; and WHEREAS, 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, 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. This is an Application for Approval of Access pursuant to New York Town Law, Section 280A, over a private right-of-way extending from the east side of Cedar Beach Drive (just south of General Wayne Inn) and extending in an easterly direction 724.52 feet, thence in a curve (radius 114.57 ft.), and running thence southerly 150 feet, more or less, to the subject lots. 2. The vacant lots to which is access is requested are identified on the MaD of "Cedar Beach Park" filed December 20, 1927 Map No. 90, as Lots #42 and #44, and on the Suffolk County Tax Maps as District 1000, Section 90, Block 4, Lots 19 and 14, respectively. 3. This application does not reflect a formal request for access to any other lots in this vicinity, and this determination is made on the basis of two additional (new) dwellings on both the subject lots. ,.Page 2 - Appl. No. 3~- Matter of JOSEPH SPITa~IERE Decision Rendered August 18, 1988 4. Upon inspection of the right-of-way in question, it has been found that most of the presently traveled portion is at a width of 8-10 feet and the base is in fair condition with some depressions and potholes. The end portion nearest Lot #42 is heavily wooded. (See both topographical maps prepared by R.J. Mavrikakis, Land Surveyor, Hauppauge, NY, lastly revised June 18, 1988, submitted for the record.) 5. It is the opinion of the Board Members that the right-of-way is in need of repair, resurfacing and placement of stone blend, as further noted below. In considering this application, the Board finds: (a) that the relief requested is necessary; (b) the grant of the relief requested will not cause a substantial effect or detriment to adjoining properties; (c) the circumstances of this appeal are unique to the property; (d) the practical difficulties are sufficient; (e) there is no other method feasible for appellant to pursue, other than a variance; (f) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by granting a conditional variance, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT approval of access to Lots ~42 and %44 of the "Map of Cedar Beach Park" filed December 20, 1927, identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 4, Lots 14 and 19, respectively, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That all potholes and depressions be filled and compacted with bankrun, and leveled; 2. That the entire length of the right-of-way be cleared to a minimum width of 12 feet and height of 14 feet; 3. That the entire length of the right-of-way be resurfaced with two-inches (2") of stone blend for a width of 8-10 feet, except that the wooded portion of the right-of-way near the end (close to Lot ~42) may be resurfaced to a width of eight feet. i, ~'~\ - Appl. No. 37~ · ,],' ,latter of JOSEPH SPIT~£ERE ,-/ Decision Rendered August 18, 1988 4. That the right-of-way be continuously maintained in good condition (at all times). 5. Final inspection to be made by this Board (or an authorized representative of this Board. 6. That there be no disturbance to wetlands in the area. 7. That the .improvements required herein may be constructed at any time up until and before the issuance of a Certificate of Occupancy for either newly proposed dwelling structure. Vote of the Board: Ayes Messrs. Goehringer, Grigonis and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk RECEIVED AND FILED BY THE SOUTHOLD TOWN CT.'~'tRK DATE r~/~'t/'~t HOUR ~'.'~/~,.~. Town Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO'I'F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3928 Matter of SAMUEL AND RACHEL SALZMAN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct addition to an existing dwelling, proposed construction will have insufficient front yard setbacks, property Location: 65 Old Salt Road and 400 Rochelle Place, Mattituck, County tax Map No. 1000, Section 144, Block 5, Lot 22. WHEREAS, a public hearing was held and concluded on April 19, 1990 in the matter of the Application of SAMUEL AND RACHEL SALZMAN, under Appeal No. 3928; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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 eas~ side of Old Salt Road and the south side of Rochelle Place in this R-40 Zone District, Hamlet of Mattituck and is identified on the Suffolk County Tax Maps as District 1000, Section 144, Block 5, Lot 22. 2. This is an application for Variances from the Zoning code Article III A, Section 100-30 A.3, for permission to construct addition to an existing dwelling, proposed structure will have insufficient front yard setbacks. Page 2 - Appl. No. 3928 Matter of SAMUEL & RACHEL SALZMAN Decision rendered May 1, 1990 3. Article III A, Section 100-30 A.3, No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein in full. 4. The subject premises is improved with a one (1) story framed house in this R-40 Zone District, the proposed addition will be 6 ft.from the east side of Old Salt Road and 25+- ft. from the south side of Rochelle Place. 5. In considering this application, the board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed addition in any other location on the premises will require other variance relief; (c) that the area chosen for the addition is not unreasonably, located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehrigner, seconded by Mr. Sawicki it was RESOLVED, to GRANT a Variance in the matter of the application of SAMUEL AND RACHEL SALZMAN as applied under Appeal No. 3928 for an addition to the one family dwelling 27+- ft. from front yard property line. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki, and Dinizio (Absent Serge Doyen, Fishers Island). This resolution was duly adopted. df GERARD p. GOEHRINGER, : / / ! APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio. Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO'IAe L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3922 Matter of ROBERT AND THERESA TURNER. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4, bulk and parking area, for permission to construct an attached swimming pool to house. Property Location : 1525 Albo Drive, Laurel, County Tax Map No. 1000, Section 126, Block 03, Lot 17. WHEREAS, a public hearing was held and concluded on April 19, 1990 in the matter of the Application of ROBERT AND THERESA TURNER, under Appeal No. 3922; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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 south side of Albo Drive, Hamlet of Laurel, and is identified on the Suffolk County Tax maps as District 1000, Section 126, Block 03, Lot 17. 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30 A.2, for permission to construct an attached swimming pool to house, proposed construction will have insufficient bulk, area and parking regulation. Page 2 - Appl. No. 3922 Matter of ROBERT & THERESA TURNER Decision render May 1, 1990 3. Article III A, Section 100-30 A.3, Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered the Low-Density Residential R-40 District unless that same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein in full. 4. The subject premises is improved with a one story framed house and the proposed pool from the southwesterly property line will be approximately 7+- feet in this R-40 Zone District. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed pool in any other location on the premises will require other variance relief; lc) that the area chosen for the pool is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; le) that in carefully considering the record and all the above facts, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Sawicki, it was Page 3 - Appl. No. 3922 Matter of ROBERT & THERESA TLVRINER Decision render May 1, 1990 RESOLVED, to GRANT a Variance in the matter of the application of ROBERT & THERESA TURNER as applied under Appeal No. 3922, SUBJECT TO THE FOLLOWING CONDITIONS: 1. that the pool not encroach any closer than 7+- f~. to the southwesterly property line. 2. That the easterly side yard remain open for ingress and egress to gain access to the rear yard. 3. That any lighting to the pool be shielded to the property. Vote of the board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio, (Absent Serge Doyen, Fishers Island). This Resolution was duly adopted. df GERARD p. GOEHRINGER, CHAIRMAN MAP OF P~OB rZ.I:2.T W. APPEALS BOARD MEMBERS Gerard P. Goel-~inger, Chainnan Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supe~iso~ Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3920 Matter of A. LIOS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct deck additions. Proposed construction exceeds permitted lot coverage, and will have insufficient side yard setbacks. Property Location: 310 Linda Road, Mattituck, County Tax Map No. 1000, Section 106, Block 1, Lgt 14. W~EREAS, a public hearing was held and concluded on April 19, 1990 and May 30, 1990 in the matter of the Application of A. LIOS under Appeal No. 3920; and W~EREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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 west side of Linda Road, Hamlet of Mattituck, and is identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 1, Lot 14. 2. This is an application for Variances from the Zoning Code Article XXIV, Section 100-244, for permission to construct deck additions. Proposed construction exceeds permitted lot coverage and will have insufficient side yard setbacks. Page 2 - Appl. No. 3920 Matter of A. LIOS Decision rendered May 30, 1990 3. Article XXIV, Section 100-244, A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date o this Article and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk county or by a corporation duly licensed to examine and ensure title to real property in Suffolk county and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning Law, such law shall be granted relief for front side and rear dimensions as follows. 4. The subject premises contains 10,800+- sq. ft. and contains a one and a half (1 1/2) story framed house with an attached 21 X 14 porch addition approximately 4 ft. from the existing deck which is approximately 6 ft~ from the south property line and is located around the 36 X 18 swimming pool which is located in the side yard south of the existing dwelling in this R-40 Zone District, as shown on the survey dated February 13, 1990 by Anthony W. Lewandowski. 5. This Board questions how the swi~ing pool and deck application were approved byTown Agencies in the sideyard area of this premises. The applicationis in direct violation of the strict zoning code which does not permit accessory structures {such as swimming pools and decks) in the side yard area. 6. In considering this application the Board finds and determines: (a) The relief requested is not within the character of the immediate area and will be a substantial change, creating other precedents ot follow; (b) the practical difficulties claimed are not sufficient to warrant the granting of the relief requested; (c) the circumstances of this property are not unique; (d) that in carefully considering the record and all the above factors the interest of justice will be served by denying the relief requested as further noted below: Page 3 - Appl. No. 3920 Matter of A. LIOS Decision rendered May 30, 1990 Accordingly, on motion by Mr. Dinizio, seconded by Mr. Doyen, it was RESOLVED, to DENY WITHOUT PREJUDICE in the matter of the application of A. Lios for placement of deck with excessiv~ lot coverage over allowable twenty percent (20%). df GERARD P. GOEHRINGER, CHAIRMAN BLDG. DEPT, ~ OF SOUTHOLD cEN.TF? A L ?RIVE Lb! 7£1: / Lot d,4~.4 -t ,~ PH E5,19 74 YOUNG &~YOUNG 400 OSTRANDER .AV£t, IUE~. RIV£RH£^ SURVEY FOR: LOTI22~ "CAPTA IN KIDD ESTATES", MATTII'UCK TO~ ~ SOUTHOLO '":"''~ °""' SUFFOLK CO., N.Y. ' AP/?. \ \ \ \ 6 ,/ (212) 941-4755 f.~-I1~ FA.X: (212) ~11-475! BOARD OF APPEALS, TOWN OF' SOUTHOLD In the Matter ot the Petition of Charles J. Bleifeld & Shelby S. to the Board of Appeals of the Town of $outhold TO: Mr. & Mrs. Robert Eckhardt P.O.Box 1091 Southold, New York 11971 : AMENDED Ble~feld NOTICE : TO : ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha~ i~ intention of the undenigned to petition the Board nf Appeals of the Tow~ of Southold to request a~(Special Exception) (Special Permit) (Other) [circle choice] 1. 2. That the property which is the subiect of the Petition is located ad acent to your property and s des- cribedasfolows: All that property located at Bayview, Town of Southold, being lots 41 & 42 as shown on "MaD' of Cedar Beach Park," Map No. 90; Also known .as S.C.T.M. # 1000-90-4-19 & 20 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 4 That b% such Pelitiun, the undersigned will request the following relief: ~._y ' as follows: Front yard of 20feet instead of 40 feet; Side yard of 5 feet instead of 15 feet; swimmin.~ pool and detached garage in side yard instead of rear yard; Total side yards of less than 35 feet. $. That the provisions of the Sourhold Town Zoning Code applicable to the relief sought by the under- signedare Article III, XXIV Section .10Q-33, 100-244(A) [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way] 6. That with.in 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 exa.mine the same during regular office hours. (516) 765-1809. '7. That before the relief sought may be granted, a public hearing must be held on the matter by thc Bdard 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 Travelcr-Martituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your tepresentativc have the right to appear and be heard at such hearing. Oated:'March' 23~ 1991 ~~~~ PetifionerPeter S.~nowski,~aJr., Esq. 0wners'Names:oharles J. Bleifeld & Post Office Address Shelby S. Bleifeld 6]6 Roanoke Avenue, P.O.Box 779 Riverheadt New York 11901 Tel. No. (516) 727-4900 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME Mr. and Mrs. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Robert Eckhardt ADDRESS PO Box 1091, Southold, N.Y. 11971 P 277 421 573 RECEIPT FOR CERTIFIED MAIL NO ~NSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Stre nd No PO, ate and ZiP Cod Postage Certdied Fee Special Delivery Fee Restricted Dehvery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom, Date, and Add~ess of Delivery TOTAL Postage and Fees Postmark or Date m STATE OF NEW YORK COUNTY OF SUFFOLK Robert ,F. Kozaklewicz , residing a[ 9Q40strander Ave., Riverhead, New York ,beingduiysworn, deposes and says that on thc 23rdday of ~arch ,19 91 , deponent mailed a [rue copy of thc Notice set forth on thc re- verse side hereof, directed to each of the above-named persons at [he addresses set opposite their respective names; that thc addresses set opposite the names of said persons are thc addresse~ 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- rice at Riverhead, New York .; that said No[iccs were mailed ~o each of said pcrson~ by (~:~ (registered) mail. ~~dl~ ~l__- Robert F. Kc Sworn to before me this 25th day of March ,19 91 GRACE T. GATZ Notary Public, State of New No. 52-6472050 Qualified in Suffolk Coun'o' Commission Expires April (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Mailer or the Petilion of : Charles J. Beifeld & Shelby S. Bleifeld : to_the Board of' Anpeals of the Town of Southold : TO: Mrs. Camelia Spitaliere 9 Noel Place Smithtown, New York 11787 AMENDED NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thal it is the intention of the undersigned 1o petition the Board Appeals of the Tow~ of $outhold to request a~Special Exception) (Special Permit) (Ocher) of , [circle choice] 2. That the property which is the subject of the Petition s oca. ted adiacem to Y. ouroro, pertyand is des- cribed as fo lows: All that. J~roperty locaCed at Bayv!ew, 'z'own o:[ Sbu[bolo, being lots 41 & 42 as shown on "Ma[~'of Cedar Beach Park," Ma~ No. 90; Also known as S.C.T.M. # 1000-90-4-19 & 20 _ 3. Thai The properly which is the subject of such Petition is located in the following[ zoning district: R-40 .: 4 Thai bi, such Pelitiun, the undersigned will request the following relief: Variances, as follows: Front yard of 20 feet instead of 40 feet; Side yard of 5 feet instead of 15 feet; Swimming Fool and detached garage in side yard instead of rear yard; Total side yards of less than 35 feet $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III, xxIv Sect_ion 100-33, 100-244(A) [ ] Section 280-A, New York Town Law for approva] of access over right(s)-of_way~ 6. Thai wid'dn five days from the date hereof, a written Petilion requesiing the relief specified above be filed in The Souzhold. Town Clerk's Office at Main Road, Southold, New York and you may then and there exa.mine Ihe same during regular office hours. (516} 765-1809. 7. That before the relief soughl may be granted a public hearing must be held on the matter by the Board of Appeals; thai a notice of such hearing must be published al least five days prior to the date ol such hearing in The Suffolk Times and in the Long island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and des gnated for the publication of such notices; that ou or our r ' i right to appear and be heard at such hearing. Y y cprc~entat~vc have the ~Dazed:'Ma~cb 23, 1991 ~~ --y~'__-~-~_m-~- - ' Peter- S.%~an~ ~ 1 Petitioner Dwski, Jr., Esq. 0wners'Names:p-har]~s J- Bleifeld & Post OfflceAddre~s Shelb- S B'eif-~ 616 Roanoke Avenue,YP.O. I~ox ~ R. iverhead, New York 11901 .. Tel. No. (516) 727-4900 [Copy of sketch or plan showing proposal to be attached for convenience purpuses.] NAME p. ROOF OF MAIL, lNG OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mrs. Camelia Spitaliere 9 Noel Place, Smithtown, N.Y. 11787 P 277 421 574 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NO¥ FOR INTERNATIONAL MAIL (See Reverse) PO~State and ZIP Code ~ I V Cedified Fee Special Delivery Fee Restricted Delivery Fee ~o whom and Date Delivered Return Receipt showing to whom, Date, and Address of Delive~ STATE OF NEW YORK COUNTY OF SUFFOLK Robert F.. Kozakiewicz ,residing al 904 Ostrander Ave., ~.iverhead, Nat., York , being duly sworn, deposes and says that on the 23rd day of March , 19 9] , deponent mailed a true copy of Ihe Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective. names; that lhe addresses set opposite lhe names of said persons are the addresse~ of said persons as shown on the currenl assessment roll of the Town of Southold:that said Noticm were mailed al the Unhed States Post Of- flceal~ ~verheac] · N~=w Yo~k :thal said Nolict's were mailed to each of said persons by (~ertifie~) (rexistercdJ m.ai,. _~~ .~ ~~,~ Robert ~. Koz~l~ewicz ~ 25th 91 Sworn to before me this day o.f March , 19 <- .o,;,y GRACE T. GATZ Notary Public, Stata of New No. 52-6472050 Qualified in Suffolk Cou.nt'/ Commission F.~oiro$ Alxi130, (This side does not have to be completed on form transmitted to adjoining property ownerS.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : Charles J. Bleifeld & Shelby S. Bleifeld : : to the Board of Appeals of the Town of 5outhold : TO: Mr. and Mrs. Robert Eckhardt P. O. Box 1091 Southold, New York 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention,of the undersigned to petition the Board nf Appeals of the Town of Southold to request ~Special Exception) (Special Permit) (Other) [circle choice] ~ 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: All that property located at Ra_v~i~z. Tow~ of Southold, beina lots 41 and 42 as shown on "Map of ~aar Beach 'Park," Map No. 90; Also known as S.C.T.M. #1000-90-04-19 & 20 3. That the property which is the subiect of such Petition is located in the following zoning district: R-40 4 That b% such Petiti~,n, the undersigned will request the following relief: ya,'ian~ fnr front yard set~ack of twenty feet; Variance to construct swimming pool in side yard; Variance to * constr~]ct detached aarage in ~]de yard, variance for side yards less than 35 feet. .~. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article IIIA Section 100-30 A.3, 100-30 A.4 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way] 6. That within five day's 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 exa,rnine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by ~he 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. Oated:i March 15' 1991 ~~. Petitioner Owners ' Names :Oharlem J- Bleifeld & Post Office Address Shelby S. Bleifelt 616 Roanoke Avenue, PO Box 779 ~ivgrhead, New York 11901 Tel. No. (516) 727-4900 Agent for Owners [Copy of sketch or purposes.] plan showing proposal to be attached for convenience P. ROOF OF MAIUNG OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Mr. and Mrs. Robert Eckhardt P. O. Box 1091, Southold, N.Y. 11971 Put"~ddress ~n~ the RETURN TO" Space on the reverse side. Failure to do this Will preVent this card f r o~q~e~g retum~l~l to you. The return receiot fee will provide you the name of the Detson delivered to and f delive . For additional fees the followin services ere available, Consult postmaster for fees ~'olr additional service(s)requeste~. · Show to whom delivered, date, and addressee s address. 2, [] Reelected Delivery ~eticle Addressed to: 4. Article Number ' ''~ Mr.s."Ed:,eet 9. al s7o. T~e of Service: O. l ox lOq I ,, .e.i~tered[] In,ured I [] co. ~gn~ture -- Addressee 8. I '! ~ignature -- Agent Form 3811, Apr. STATE OF NEW YORK COUNTY OF SUFFOLK P 277 421 570 Addre~qee'a Address (ONLi NOT FOR INTERNATIONAL MArL (See Reverse) ? ICg( ~ Postage S ; Ce~ified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Dehvered Return Receipt showing to w~om Date. and Address of De~ive~ Postmark or Date , residing at 904 Ostrander Avenue, , being duly sworn, deposes and says that on the 15t~ clay deponent mailed a true copy of thc Notice set forth on the re- Robert F.. Kozakiewicz Riverhead, New York of March .19 91 verse side hereof, directed to ?ach 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 roil of the Town of Southold; that said Notices were mailed at the United States Post Of- ~,~at Riverhead~ New York ; that said Notices were mailed to each of said persons by ~(registered) mail. Sworn to before me this 15th day of March , _, 19 91 Notary Pu~c GRACE T. GATZ Qualified in Suffolk Cou~nty _ _ (This?side does not property owners.) have to be completed on form transmitted to adjoining BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ot the Petition of Charles J. Bleifeld & Shelby S. Bleifeld. to the Board of Appeals of the Town of Southold TO: Mrs. Camelia Spitaliere 9 Noel Place Smithtown, New York 11787 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention, of the undersigned to petition the Board nf Appeals of the Town of Southold to request ~(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedas follows: All that orooertv located Lots 41 & 42 as shown on "Map of Cedar Beach Park~" Map No. 90: also known as S.C.T.M. #1000-90-04-19 & 20. 3. That the property which is the subiect of such Petition is located in the following zoning district: R-40 4 That h~ such Petition, the undersigned wiHrequestthefollowingrelief: Variance for front yard setback oftwenty feet; Variance to construct swin~inq pool in side yard: Variance to construct detached ~ara~e in side yard., variance for side yards less than D5 feet. 5. That the provisions of thc Southold Town Zoning Code applicable to the relief sought by the under- signed are Article TTTA S~ctiol~ 100-30 A.3¢ 100-30 A.4 [ ] Section 280-A, New ~ork 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 fi~ed in the Southold Town Clerk's Office at Main Road 5outhold, New York and you may then and there exalnine the same during regular office hours. {516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B6ard 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:' March 15, 1991 Petitioner Peter S. ent for Owners Owners ' Names: ~harles J_ Rleifeld & Shelby S. Post Office Address Bleifeld 616 Roanoke Ave., PO Box 779 Tel. No. (516) 727-4900 [Copy of sketch or plan purposes.] showing proposal to be attached for convenience NAM~ Mrs. Camelia PROOF OF MAILING OF NOTI£E ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Spitaliere 9 Noel Place, Smithtown, New York 11787 t _~ENDER: Con.late items 1 and 2 when additional sewicea are desired, and complete items 3 and 4. ' ,, · ,, . . . ~ut your address in the RETURN TO Space on the reverse side. Failure to do th~s wdl prevent th~s card from being returned to ~ou. The return ~e¢;eiot fee w~ll provide you the name of the i~rson delivered to aqd the date of ~leliverv. F6r additional fees the follOwing, services are available. Consult postmaste; for fees end chec, k box(es) for additional se~vlce(s) requested. 1. [] Show to whom delivered, date. and addresSee'$ address. 2. CI Restricted Delivery (Extra charge) (Extra charge) [] COD ~eq~ested and fee pa~d) PS F~m 3811, Apr, ]~9 DOMESTIC RETURN RECE~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) P 277 421 572 RFC;~PT ~OR C~=RT~F~£O ~A~L (See Reverse) entre ° Postage $ Ced+fled Fee S~cial Delwory Fee Restricted Dehvery Fee Return Receipt showing to whom and Date Delivered Return Rece~pl showing to whom. Date, and Address of Delive~ Robert,F..Kozakiewicz , residing at 904 Ostran~ av~. Riverhead, New York ,belngdulysworn, deposes and says that on the ] 5th day of March ,19 91 .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 the names of said persons are the addresse~ 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- rice at Riverhead, New York ;thatsaid Notices were mailed to each of said persons by ~,t.~tifie~'~ (registered) mail. / Sworn to before me this 15th day of March ,19 91 -- Notar~blic GRACE 1'. GATZ Notary Public, State of New Yo~k No. 52-6472060 Qualified in Suffolk Count~ ,q Commission Expires A4)ri130, I ~ ? ~ (This side does not have to be c~ ~pleted on form transmitted to adjoining property owners.) N LOT ?6° 07~ LOT SURVEY OF 55' S E LOTS 41& 42 MAP OF "CEDAR BEACH PARK" FI~ED DECEMBER 20, 1927 FILE NO. 90 A T BA YVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK 1000Scaleg01'' =04207 19 Dec. 18, 1990 Jan. 14, 1991(revise) Feb. /~, /~.~1~/~ SUFFOLK COUNTY DEPARTMENT OF HEALTH ~RVICE$ FOR APPROVAl- OF CONSTRUCTION OI~.Y DATE H. $, REF. NO systems for this residence will conform to the standards of The Suffolk County Department of Health Services. AREA = 30,561sq. ft. to tie line Prepared in accordance with the minimum standards for title surveys es established ~Yorthe L.I,A.LS. and approved and adopted such use bY The New York State Land Title Aseocistion~ SEPTIC SYSTEM CROSSECTION N)~S. LIC. NO, 49618 90 - 235B LOT~4~4~4~4~4~4~ LOT /~'7 DIRT SURVEY SCALE.. I¢'-- 20' FND MON SURVEY OF .E LOTS 4 L& 42 W "CEDAR BEA CH PARK" FILED DECEMBER 20, 1927 FILE NO. 90 AT BA YVIEW ' ' TOWN OF' SOUTHOLD S. UFFOLK COUNTY, N y. ' ~000 - 90 - 0'4 ~ 19 LEGEND , DEC. i8, 1900 APRIL 4,. 1991 (REVISIONS cF DAP' ~ 77.45~- ROADWAY Lot ~ eT / PlO L~OT 40 (VACANT) LOT 45 (VACANT) LOT 44 V,~CANT) MAP SCALE.. I" = 40' LOT $~ TYPICAL ICELL & SANITARY SYSTEM (5 pools) lo scale ) LOT 40 G)c~ Nor NO TA TIONS , I. THE SANITARY SYSTEM AS PROPOSED ON THIS MAR '(- MEETS THE I/~NIMUM REOUIREMENT$ AS SET FORTH BY THE SUFFOLK COUNTY DEPARTMENT OF HEAL TH SERVICES FOR RE$~O£NTIAL CONSTHUCTJON= THEREFORE THE PROPOSED RESIDENCE E MOVED 'LAND,WARD'. E. PROPOSED FI~L AJ~UER~L GROUND (ET AT THE SANITARY S ~TEM LOCATION SHALL BE TOTALLY ~,~. ~, ~ Toe~,~ OR~ .~.O TEST Thte water au. pPly and aewage diapoaal Prepared in acoordanoe with the minimum eye, tame for thie reaidenoe will ooflform standards for title aurveya aa eatabliehed to lthe standards of The Suffolk County by the L.I.A.L.S. and a~proved and adopted Del~artment of Health Servioee. for auoh uae b~ The Nbw York State Land Tide Aeeociatmn. ELEVATIONS ARE REFERENCED TO N~. VD. P.O. BOX 909 MAIN ROAD SOUTHOLD, N.Y. 11971 90 - 253B NO. 498