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HomeMy WebLinkAbout3812 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llCJ?l TELEPHONE (516) 765.1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGEOOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appeal No. 3~12: Upon application of PETER AND JANICE STEIL for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory swimmingpool in the frontyard area. Location of Property: East End Road, Fishers Island, NY; County Tax Map District 1000, Section 5, Block 2, Lot 7.4. WHEREAS, a public hearing was held and concluded on January 12, 1989 in the Matter of the Application of PETER AND JANICE STEIL under Appeal No. 3~12; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: · Page 2 - Appl. No. 3F12 Matter of PETER AND JANICE STEIL Decision Rendered January 12, 1989 1. By this application, appellants request a Variance under Article III, Section 100-32 for permission to construct inground swimmingpool with four-ft, high fence enclosure in the frontyard area, centered immediately west of the existing dwelling under construction and as more particularly shown by architect's rendition with setbacks of 25 feet from the proposed fence to the private road (along the westerly property line), and a minimum of 41 feet from the proposed pool to the westerly front property line. 2. The premises in question is an 1.8+-acre parcel of land situated on Fishers Island, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 5, Block 2, Lot 7.4. 3. The subject parcel is improved with a new single-family house presently under construction (see Building Permit issued November 13, 1987, #16623) with a setback of 75 feet at its closest point from the wetland area. 4. Article III, Section 100-32 of the Zoning Code provides accessory buildings to be located only in the required rear yard. For the record, it is noted that the rear yard area is that area near the wetlands and sloping topography (immediately east of the new dwelling construction). 5. It is the position of this Board in considering this application that: (a) the circumstances are unique to the property and are not personal in nature; (b) the relief requested is not unreasonable and is the minimal necessary; (c) the relief requested will not alter the essential character of the neighborhood; (d) there is no other method feasible for appellant to pursue other than a variance; ~Page 3 - Appl. No. 3~12 Matter of PETER AND JANICE STEIL Decision Rendered January 12, 1989 (e) the variance, if granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (f) the interests of justice will be served by granting the variance. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief requested under Appeal No. 3912 in the Matter of PETER AND JANICE STEIL for permission to locate inground swimmingpool with fence enclosure as an accessory use in the frontyard area, to be used incidental to the residential use of the premises, provided that shrubbery be placed around periphery of pool enclosure a minimum of five to six feet high for proper screening from the right-of-way. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. (Absent were: Member Doyen due to poor flying conditions, and Member Sawicki was out-of-state.) This resolution was duly adopted. lk 2ECEIVED AND FILED BY 7n¢. SOU .:CLD TOWl T~wn Ch;rk, Town of Southo~ GERARD P. GOEHRINGER, CHAIRMAN / I ISHI 'I{S ISLANi), N Y F I S H E R $ I S L A N D $ 0 ~ N D]' U.&N. ,, ~AST F~ARBOR WRECK L / ,O A B (: It I T E C T S M T (;ALFI · TH 4)" N()i;THAMI'T()N, MA. 4'1,~- ., ,, (; '*','" -e) ~ ~ ~) LAiN !) S (:APE Al; (',IIITi~CTS C ()NWAY, MA. 41,% 5(;(,)- 4()()(; Al - Site Plan F2 A2 Basement Floor Plan F3 AS - First Floor Plan PI A4 - Second Floor Plan P2 AS West and South Elevations P5 A6 East and North Elevations A7 Building Sections AB Interior Elevations A9 Interior Elevations Al0 Miscellaneous Details S2 S5 Second Floor Framing Plan S4 Roof FraminR E1 Electrical Plan Basement E2 Electrical Plan Fi. 1 M1 '- Mechanical Plan Basement - Landscape Plan F1 Furniture Plan Basement Furniture Plan Fl. 1 Furniture Plan FI. 2 Painting Plan Basement Painting Plan FI. 1 Painting Plan Fl, 2 Foundation Plan ~ I'~ ~, ~TI~i First ~loor Frying Plan M2 - Mechanical Plan Fl. I N5 - Mechanical Plan Fl. 2 M4 - Mechanical Building Section I CERAMIC TILE SHOW FROFtLE ONLY CONCRETE CAST IN PLACE OR PREC, CONCRETE BLOCK EARTH GLASS OMIT INDICATION IN TH MATERIAL GYPSUM BOARD OMIT DOUBLE LINEs AT SMALL SCALE INSULATION, BATT INSULATION, RIGID METAL OMIT INDICATION IN tBII MATERIAL METAL LATH MORTAR PLASTER PLYWOOD ROCK FILL SAND STONE INCLUDES MARBLE TERRAZZO SHOW PROFILE ONLY WOOD, FINISH WOOD, FRAMING THROUGH MEMBER WOOD, FRAMING INTERRUPTED MEMBER SINGLE POLE SWITC~ DOUBLE POL~ SWITCH FOUR WAY SWITCH WEATHER PROOF SWITCH SNITCH, RHEOSTAT DUPLEX CONVENIENCE OUTLET SPLIT WIRED OUTLET AIR CONDITIONER OUTLET CEILING FAN OUTLET WALL FAN OUTLET WALL FIXTURE OUTLET ELECTRIC DOOR OPENER TELEPHONE [] b~TER SINK REFRIGERATOR CORK-TOP RANGE OVEN DISHWASHER BUILT-IN RIXER WASHER DRYER ¸4.0 Akti.i: Mik. I[:~'~S AF-6-~51BL-E 'FO I*~'t'/L A, P4-/', TD ,) 5~ ,'b~P %, LO" ,t t 7-Ax , %¸,, , , Fc~L. F~dK,E / / / / / / INC. Southold Town Board of Appeals MAIN ROAD- STATE ~I~AD 25 Sl3UTHI3LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS January 12, 1989 GERARD P. GOENRINGER, CHAIRMAN $ · E · Q. R. A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATI~-E ENVIRON~LENTAL DECLARATION 30SEPHH. SAWICKIdames Dinizio, dP. Notice of Determination of Non-Significanc~ APPEAL NO.: 3~12 PROJECT NAM_E: PETER AND JkNICE STEIL This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within Project not to ha~e a signifi- cant adverse effect on the environment for the' reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION: PermisDion to locate accessory swimmingpool in the frontyard area. LOCATION OF PROJECT: Town of S~uthold, County of Suffolk, more particularly knQwn as: East End Road,~Fish~rs Island, NY 5-2-7.4 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no s~gnificant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Construction proposed is located more than 75 feet from the mean highwater mark or tidal area. Informat$on has been submitted by applicant or his agent indicating that ~ project will not involve the disturbance of wetlands grasses or FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel 516- 765-1809 or 1802. ' · Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. · areas subject to flooding which may be considered wetlands. tr DEPARTMENT OF PLANNING C ,(~TY 'OF SUFFOI;;K PATRICK I~. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN DIRECTOR OF PLANNING February 2, 1989 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Howard Lucas/Alice Hussie Doris Price Moeller Foster nthony & Rosemary Bolletino eter & Janice Steil Doris K. Brown 3802 3806 3810 3817 Very truly yours, Arthur H. Kunz Acting Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb FORM NO, 3 TO$~N OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL . A -'~ Date...//...~./. ....... , 19 .~'..~. ~o ~....~.~....~ ..~....~.... ~ ~,,,~2 ,~,,~ ~ ~ ~ .... ..~.~.~.. ~~ ....... ~ c~) PLEASE TAKE NOTICE that your application 9areal .... ..... [~. ZO/~. Z .... 19. t~ for pe~it to ~~.~...~~..~ ...... ~ ........... at Location of Property ............. ~~~~..~~..~~ House No. Hamlet County Tax Map No. 1000 Section ...... ~ .' .... Block ...... ~ ...... Lot .. ,7..-...~'.. ..... Subdivision ................. Filed Map No ................. Lot No. ' is retu~ned herewit~ a~ disapproved on the follo~i~ ~roun~ ..~.,~,...~~~. .~~.. . .. .-~-*.~.-.~..~...~..~~. · ~'~'~ ....... 7'"~~ ........................ Bui/Iding~nspector ..... RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR L.J .'0~ ~.f~ APPEAl NO. ~-'-~(~ / ~ DATE May 2, 1988 TO THE ZONING BOARD OF APPEALS, TOWN ~F~:)~ Metcalfe * Thorne, Inc. . 150 ~ain Street 1, (We) .................................................................. or ............................................................................ Name of Appellant Street and Number Northampton Mass. ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Metcalfe * Thorne, Inc. Name of Applicant for permit of 150 Main Street Northampton Mass. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X~ Permit to locate swimming pool within the required 50 foot Fisher's Island 1. LOCATION OF THE PROPERTY ..................................................................................................... Street /Hamlet / Use District on Zoning Map Peter and Janice Steil .D. !.s. ~.r. !.c. ~.. ] .0..0..0....S..e..c. ~.! ?..n.....5......B.1. ?..c...k...2....L..°. ~.. ?...'...4. C u r re n t Owner Map No. Lot No. Prior Owner Bagley Reid 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article 3 Section Accessory Buildings 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 (X~ A variance to the 50 foot property line setback requirement. 4. PREVIOUS APPEAL A previous appeal (has) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance kX) A variance to the 50 foot property line setback requirement is requested for the reason that a proposed inground pool, 50 feet long by 20 feet wide cannot be located directly adjacent to the new residence (currently under construction) because the 20 foot pool dimension falls beyond the required 50 foot property line setback. Poz .-m ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticaldifficultiesorunneces- sory HARDSHIP becau~ of the practical difficulty of locating the pool within one foot of the foundations for the new residence. After meeting all set-back requirements and preserving the one large oak tree, there is a curved 20 foot section remaining of allowable building land to locate the pool before the 50' set-back line is encountered. 2. The hardship creotedis UNIQUE and is notshared by all properties alike in the immediate vicinity ofthis property and in this use district because the site, though 8.5 acres, is uniquely bounded by wetlands and a curved property line leaving a severely restricted building site. The house is already pushed to the set-back lines leaving the maximum free area for the pool. 3. The Variance would observe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed pool would be enclosed by a wall of existing hedges that would effectively screen the view of the pool from the road and neighbors. The pleasing effect of this planting would contribute beneficially to the character of the district. A concern for the character of the district was a major factor in developing the design of this residence. An attempt was made to provide a building that would blend in with the existing landscape, i.e. saving as many large trees as possible and keeping the height and mass of the building to a minimum. The house was also designed in a long thin configuration and sited to present the narrowest profile towards the neighbors. This keeps the house as far back from their views as legally possible and developed the maximum possible open land for the pool area. This areais still, unfortunately, not adequate without ten additional feet to site the pool. The variance we are seeking of ten feet from the property set-back lines we would hope you would feel was minimal, and should not significantly change the character of the distric~ .. ~/~ ~ MASSACHUSETTS ss .... ..................... COUNTY OF ) i// Signature Hampshire 25th October 88 Sworn to this ..............................................day of ........................................................ 19 My commission expires December 9, 1994. TAX MAP DESIGNATION Oi~t. 1000 sec, 005 o BIk 0 2 0 CONSULT YOUR LAWYER BEI~ORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. TI'lIS INDENI'UR~ made the ~ ~,~ day of June , nineteen hundred and eighty ~ B.~,Yc._~EID, having an address c/o Mystic Isle Realty, Inc., Fishers~f~l~, New York 06390, party o£ the first part, and PETER STEIL and JANICE I. £TEIL, as tenants-in-common, residing at 285 Central Park West, New York, New York 10024, party of the s~cond part, WITN~iP[, that the party of the first part, in consideration oi te'n ( $10.0 0 ) ........... ............................................................. dollars, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and ~ssi~as oi the party of the second part forever, that certai pi pi el ' ' with the buildings thereon, in the Town of Southol~, Suffolk County, State of New York, being a part of that portion of Fishers Island belonging to grantor (which portion is hereinafter called the "PARK") lying to the east of Peninsula Road, said lot or parcel of land being bounded and described as follows: BEGINNING at a point on the northeasterly side of a road 45 feet wide, said point being located 951.97 feet south of a point which is 1132.79 feet west of a monument marking the United States Coast and Geodetic Survey Triang.ulation Station "East End 2"; and THENCE RUNNING along said road line North ~6 degrees 22 minutes 00 seconds west 112.08 feet to a point of curve to the left whose radius is 255.34 feet and the direction of whose radius at that point is south 53 degrees 38 minutes 00 seconds west; THENCE RUNNING northwestwardly along said road line following the arc of said curve, 149.13 feet to a point of curve to the right whose radius is 95.00 feet and the direction of whose radius at that point is north 20 degrees 10 minutes 14 seconds east; T~iENCE Northwardly along said road line, following the arc of said curve, 152.34 feet to a point of curve to the left whose radius is 462.02 feet and the direction of whose radius at that point is north 68 degrees 00 minutes 53 seconds west; THENCE northeastwardly along the southeasterly side of another road, following the arc of said curve, 108.34 feet to a point of curve to the right whose radius is 48.73 feet and the direction of whose radius at that point is south 81 degrees 27 minutes 00 seconds east; ~ ...... ~..9..~-~ ...... R~.AL ESTATE JUN 2 4 1980 SUFPOL'K THENCE northeastwardly along said road line, following the arc of said curve, 54.74 feet; THENCE along said road line north 72 degrees 54 minutes 40 seconds east 19.36 feet; THENCE south 48 degrees 32 minutes 45 seconds east 348.17 feet to an iron; THENCE south 24 degrees 45 minutes 50 seconds west 244.56 feet to the point OF BEGINNING TOGETHER with all the right, title andinterest of the party of the first part, if any, of, in and to the waters and lands under %he waters of Inner Bay of Great Harbor adjacent to said premises. TOGETHER with an easement .of the parties of the second part, their heirs and assigns, for ingress to and egress from said lot described above, over and along such private roads as now or may hereafter exist connecting the premises herein described with the public highway. TOGI~I'~ with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOC.~sltiF..R with the appurt~'n--ces and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO I-IOLD the p,e.,ises herein granted unto the party of the second part, the heirs or successors and assigns of the parl'y of the second part forever. THE party of the first part is the same person as the grantee in deed dated July 22, 1977 between Fishers Island Development Corpora- tion, Grantor, and Bagley Reid, Grantee, recorded in the Office of the Clerk of the County of Suffolk on June 16, 1978 in Liber 8446, Page 50. AND the party of the first p~t, in compliance with Section 13 of lhe Lien Law, COvenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be comstrued as ii it read "parties" whenever the sense of this indenture so requires. IN ~ Vtt'FIEREOF, the pa~y of the first part has duly executed this deed the day and year first above written. STATE O~ NEW YOI~C, COUNTY 0F ~-~/~/-~'~'~ On the .~,~ da)' of 5une 19 8~ ~re me ~--'y ~e BAGLEY REID ~o me known to be the individual described in and who executed the foregoing instalment, and acknowledged that ffotar7 Public, St*2te of New No. 52-0028880- (~ualitied in Suffolk Colulty~ STATE OF NEW YORK, COUNTY O]~ ss: On the da)' of 19 , before me personally came to me known, who, being by me duly sworn; did depose and say that he resides at No. ; that he is the in and which executed the foregoing instrument; that he knows the seal oi said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. On the day of 19 , before me personally to me known to be the individual described in and who executed the foregoing instrument, and aowiedged that executed the same. STATE OF NEW YORK, COUNTY OF ' sss On the day of 19 , before me personally came the ~l~:ribing witness 'to the foregul~ instrument, with Whom T nm personaUy accp~nted, w~o~ I~ by me duly sworn, cud depose and say d~t he resides ~t No, ; t~t he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name u witness thereto. ~at~ain anl~ ~alt ~tt~ WITHOUT COVENANT AGAINST GRANTOR'S ACTS BAGLEY REID TO PETER STEIL SECTION 5 BI,OCK 2 I.OT 7.4 STREET ADDRESS of Southold, Suffolk County, New York TAX BII,I.ING ADDRESS Recorded At Requesi Of The Title Guaranlee Company u~TUR.~I BY MAIL TO: mmJTITLE GUARANTE~- N~WYORK Joel A. Poretsky, Esq. Estroff, Frankel & Waldman 1290 Avenue of the Americas New York, New Yo~k Z~No~0104 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FO~d4S TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documents- tion. 1. Are there any proposals to change or alter land contours? 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? No Yes ~ Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? ~ No 4. Are there any existing or proposed fences, concrete barriers, decks, etc? ~ No If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground--~-~-~l? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground-~-~l? State total: ft. Yes Yes ~ Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # ~nd Nature:7~ ~ ~F~JF~Y ~F.a~ DO state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Yes Yes No Yes Yes Yes Yes Yes Yes 10. 11. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Is new construction proposed in the area of contours at 5 feet or less as exists? Yes Yes Q 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes the 13. Please list present use or operations conducted upon subject property at this time and proposed _..~;,~llt;~t ~l, t ll~, Please submit photograph~ for tSe record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my aDplica%ion. Signature (Property Owner) (Authorized A~nt) z/ss WETLANDS [Amended 8-26-7(; by L.L. No. '/-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermitO.,ntly coy- ered with, or which bord(,r on. tidal waters, or ]nnds lying beneath tidal waters, which at mean Iow title are covered by tidal waters to a maximum depth of five {5) feet. including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, fiats 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 eordgrass, high bush, cattails, groundse}, marshmallow and Iow march eordgrass; anti/or (3) Al{ land immediately adjacent to a tidal wetland as defined in Subsection Al2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESItWATER WETLAN1)S: (i) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions l(a) to ltd) 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 Bt1)anti lying with- in seventy-five (75) feet landward of the most land. ward edge of a "freshwater wetland." 9705 2.25.85 L\ ~r~ODEI. VI E~.V# .~ ]bF. For~E tlo0.~. April S0, 1987 New York State Department of Environmental Conservation Building 40, Room 219 SUNY at Stony Brook ~tony Brook, New York 11790 Dear Environmental Conservation Board: I would like you to know that I have personally authorized Brinkley Thorne, as a principal of the architecture~firm Metcalfe * Thorne, to represent me in the filing of all applications to the Department of Environmental Conservation, Board of Health, and Building Departments. Respectful ly, PETER STEIL ,14-16-4 t2/87~--Text 12 PROJECT I.D. NUMBER &l 617'2~x{i~ Append State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 'l. APPLICANT/SPONSOR ~ 2. PROJECT NAME Metcalfe * Thorne, Inc. I Residence for Peter & Janice Steil 3. FROJECT LOCAT~O~isher Municipality ' S Island County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Block 2, lot 7.4 5. IS PROPOSED ACTION: [] New [] Exhanslon [] Modilicationlalteratlofl 6. DESCRIBE PROJECT BRIEFLY: Construction of a new swimming pool,' adjacent to a new private residence. [] Yes [] NO . If NO, describe briefly Variance requested from 50 foot property line setback requirement. 9. WHAT IS PRESENT LAND USE IN V C N TY OF PROJECT? [] Residential [] Indush'ial [] Commercial [] Agriculture [] Park/Forest/Open space [] Other Describe; 10. DOES ACTION iNVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] NO If yes, get agency(si and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERM T OR APPROVAL? [~Yes [] No If ye~, Iisi agency name and permit/approval Residence has an approved building permit from the Town of Southo. ld, Long Island. 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REQUmE MODIFICATION? I GERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicanllsponsor name: Dale; Stephen ~. SJqnalu~e: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form belore proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any actio~ is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will. use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically al%er more than 10 acres of land? Yes 2. Will there be a major change to any unique or unusual land form on the site? Yes 3. Will project alter or have a large effect on an existing body of water? Yes 4. Will project have a potentially large impact on groundwater quality? Yes 5. Will project significantly effect drainage flow on adjacent sites? . Yes 6. Will project affect any threatened or endangered plant or animal species? Yes 7. Will project result in a major adverse effect on air quality? Yes 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologiua~ importance or any site designated as a critical envirc~mental area by a local agency? Yes 10. Will project have a major effect on existing or future recreational opportunities? Yes ~No 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes 13. Will project have any impact on public health or safety? __Yes 14. Will project affsct the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year YesV No period or have a major negative effect on the ' charact~ of the community or neighborhood? / Lo 15. Is there public controversy Concerning the project? Yes Preparer's Signature: ~~~' 9S~2~ (9186)-- 25c DEC P~RMIT NUMBER 10-87-0979 FACILITY/PROGRAM NUMBER(s) NEW YOOATE DEPARTMENT OF ENVIRONMENTAL CONSERVATe PERMIT Under the Environmental Conservation Law [~1 Article 15, Title 3; 6NYCRR 327, 328, 329: Aquatic Pesticides ~--~ Article 15, Title 5: Protection of Water I-~] Article 15, Title 15: Water Supply I--'---] Article 15, Title 15: Water Transport J----'-I Article 15, Title 15: Long Island Wells [~--I 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 I~'--I Article 24: Freshwater Wetlands N N--New, R--Renewal, M--Modification, C--Construct (*only), O-Operate (*only) EFFECTIVE DATE 9/1/87 EXPIRATION DATE(s) 8/31/92 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 PERMIT ISSUED TO Peter Steil ADDRESS OF PERMITTEE c/o 150 Main St., Northampton, MA 01060 ACENT FOR PERM~TTEE/CONTACT PERSON TELEPHONE NUMeER Land Use Co., P.O. Box 361, North Country Rd., Wading River, NY NAME AND ADDRESS OF PROJECT/FACILITY Jif different from Permittee) Unnamed freshwater wetland .~CTM 1000-~-2-7.~ LOCATION OF PROJECT/FACIlITY Fishers Island CQUNTY TOW~E UTM COORDINATES Suffolk $outhold DESCRIPTION OFAUTHORIZEDACTIVITY Construct single family dwelling, pool and sanitary system. All work shall be in accordance with NYSDEC approved plans (attached). GENERAL CONDITIONS By acceptance of this laermit, the permittee agrees that the Iretmit is contingent Ul~On gt~ict compli- ance with the ECL, ali applicable regulations and the conditiom specified herein of attached hereto. The permltsee shall file in the office of the appropriate regional permit administrator, or other office designated in the special conditions, a notice of intentie~ to commence work at least 48 hours in advance of the time of commencement and shal~ also notify him/her promptly in writing of the completion of the work. The permitted work shall he subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if the public interest so requires pursuant to ECL §71-O301 and 5APA §401(3). The permittee hes accepted expressly, by the execution of the application, the full legel responsibility for all damages, direct or indirect, of whatever nat ute, and by whomever suffered, arising out of the project described herein and has agreed to indemnify and save hermless the State from mits, actiofls, damages and costs of eve~/name aed descrip- tion resulting from the said project. The Department reserves the right to modify, suspend or revoke this permit at any time after due notice, and, if requested, hold a hearing when: a) the scope of the proiect is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found; o~ b) the permit was obteined by misrepresentation or failure to disclose relevent facts; or c) newly discovered information or significant physical changes are discovered since the permit was issued, The permittee is responsible for keeping the permit active by submitting a renewal application, including any forms, fees or supplemental information which may he required by the Department. no ~ater than 30 days (180 days for SPDES or Solid or Hazarduous Waste Management permits) prior to the expiration date. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work or as authorizini the impairment of any rights, title or interest in real or personal property held m vested in a person not a party to the permit, The permitsee is responsible for obtaining any other permits, approvals. ~ands, easements and rights-or-way which may be required for this project. ~ssuance ~f this permit b~ the DePartment d~es n~t~ unless exPress~V Pr~vided f~r~ meddY~ supersede ~r rescind an ~rder ~n c~nsent ~r determ~nati~n by the C~mmiss~~ner issued heretofore by the Department or any of the terms, conditions, or requirements contained in such order or determination. PERMIT ISSUANCE DATE ' PERMIT ADMINISTRATOR ADDRESS ~ 9/1/87 Alfred 'z'. Kellar Bldg. 40 SONY Rm. 219 Stony Broo~, NY 117r4 cc..paneV TOWN OF SOUTHOLD PROPERTY RECORD CARD oWNER STREET VILLAGE DIST SUB. LOT FORMER OWNER N ~'~i ', I,"( ~ o X~'~ ?L¢¥ ~e, ~/ S W ~PE OF BUILDING RES. S~S. VL.-~// FARM COMM. CB. MICS. Mkt. Value ~ND IMP. TOTAL. DATE R~RKS 'illable / ~/O ~ :/ D: FRONTAGE ON WATER Vo~land FRONTAGE ON ROAD {ouse Plot BULKH~D COLOR TRIM M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio O. Bo Total Foundation Basement Ext. Walls Fire Place T~eRoof Recreation Room Dormer Bath Floors Interior Finish Heat Rooms /st Floor Rooms 2nd Floor Driveway Dinette LR. DR. BR. FiN. B APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR, JOSEPH H. SAWICKI JAMES DINIZI0. JR. Southold Town Board of Appeals IVIAIN RnAD- STATE RnAD 25 Br'IUTHE]LD, L.I., N.Y. llcj'71 TELEPHONE (516) 765-1809 November 2, 1988 Mr. Brinkley S. Thorne Metcalfe * Thorne, Inc. 150 Main Street Northampton, MA 01060 Re: Variance Application - Peter and Janice Steil Location of Property: Fishers Island 1000-5-2-7.4 Dear Mr. Thorne: Upon reviewing the above documentation received today concerning the above project, the following additional information is necessary before the application may be deemed complete: 1. Four sketches of a construction diagram showing the elevations of the proposed construction (all changes within the fence enclosure); 2. Written confirmation of the exact setbacks proposed for the fence and actual pool construction from the west and south property lines at its closest points; 3. Re-Notice to Adjoining property owners to be sent together with copies of map showing location of proposed pool and fence enclosure. (Please describe project in paragraph #4 and insert Article and Section numbers from the attached Notice of Disapproval before re-sending by certified mail.) [The previous neighbor notices were sent in September, and Section 100-125 of the Code requires notice to be within five days of filing the application package with our office.] 4. Original postmarked certified-mail receipts with original Affidavit of Mailing, signed and notarized, for the re-mailing of the Neighbor Notices. (Extra form attached for completion and return.) Page 2 - Appl. of Peter and Janice Stehl To: Mr. Brinley S. Thorne November 2, 1988 Upon receipt of the above items, this application will be officially accepted for processing by the Board. If the fence and pool structures have not been staked, please confirm when they are staked and available for inspection. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ARCHITECTURE * DESIGN December 9, 1988 Southold Board of Appeals Main Road - State Road 25 Southold, Long Island, New York 11971 Attention: Mr. Gerard P. Goehringer Chairman RE: Variance Application - Peter and Janice Steil Location of Property: Fisher's Island 1000-5-2-7.4 Reference: Letter dated December 7, 1988, from Terry Gingras. Dear Mr. Goehringer: As noted in the letter referenced above, I am forwarding the proof of mailing receipt addressed to Mr. Robert Newman to you. Please incorporate this information into your file regarding the variance application for Peter and Janice Steil. I apologize for any inconvenience this may have caused you. We have corrected Mr. Newman's mailing address in our files in order to expedite a prompt response to any future correspondence required by your office. Again, please contact me if I may be of assistance. Sincerely, Terry S. Gingras Office Manager /tg Encl. Proof of Mailing Receipt addressed to Robert J. Newman. 150 MAIN ST. NORTHAMPTON, MASSACHUSETTS 01060 Tristram W. Metcalfe III, A.I.A. Stephen Jablonskl A.I.A. Brlnkley S. Thorne Mark O. Gelotte 413-586-5775 Mazie Cox Barbara Jo Metcalfe Lila Stcln MEtALFE * THORNE ARCHITECTURE * DESIGN ~_ December 7, 1988 Southold Board of Appeals Main Road - State Road 25 Southold, Long Island, New York 11971 Attention: Mr. Gerard P. Goehringer Chairman RE: Variance Application - Peter and Janice Steil Location of Property: Fisher's Island 1000-5-2-7.4 Dear Mr. Goehringer: Enclosed you will find a letter dated December 7, 1988, from Brinkley S. Thorne along with four sets of drawings and "Notice to Adjacent Property Owner" dated November 28th. AS you requested in your letter of November 2nd, all adjoining property owners were sent copies of a map showing location of proposed pool and fence enclosure along with drawings of construction diagram showing the elevations of the proposed construction. Four certified mail packets were sent and to date we have received only three proofs of mailing. The packet sent to Mr. Robert Newman in Esmond, Virginia has not been returned to us, nor have we received notice the package reached him. It is our understanding, however, that he is married to Nancy Newman who received the packet sent to Massaco Corp. in New York City, and he may have knowledge of the proposed variance application without having received it in Virginia. I will forward the receipt to you as soon as we receive it, or let you know if the package is returned to us. I hope this information will be of help to you regarding the proposed variance. If you require more information or I may be of any further assistance, please do not hesitate to contact me. Sincerely, Office Manager /tg Encls. 150 MAIN ST. NORTHAMPTON, MASSACHUSETTS 01060 Tristram W. Metcalfe III, A.I.A. Stephen Jablonski A.I.A. Brlnkley S. Thorne Mark O. Gelotte 415-586-5775 Mazie Cox Barbara Jo Metcalfe Lila Stein E ALFE * THORNE ARCHITECTURE * DESIGN December 7, 198~ Southold Board of Appeals Main Road - State Road 25 Southold, Long Island, New York 11971 To the Board of Appeals of Southold: I have enclosed four sets of plans showing the proposed location of a swimming pool and surrounding fence for the Peter Steil residence on Fisher's Island, New York. The pool as shown on the drawings is 41' from the property line and 5' from the line of the house porch. The fence would he set back 25' from the property line and would be 4' high from the outside approach. The location of the pool is staked out at the side with red ribbons. On the application we have requested approval for a 20 x 50 foot pool. The drawing shows a curved edge which is designed to fit within the 20 x 50 rectangle applied for. We would like to have approval to adjust the finished designed shape with the understanding that we stay within the proposed 20 x 50 shape. Thank you for your consideration. BST/tg Encls. 150 MAIN ST. NORTHAMPTON, MASSACHUSETTS 01060 Tristram W. Metcalfe III, A.I.A. Stephen Jablonski A.I.A. Brlnkley S. Thorne Mark O. Gelotte 413-586-5775 Mazie Cox Barbara Jo Metcalfe Lila Stein Meeting Date:Jan. 12, 1989 Appeal No. 3~12 Members Absent, if any: Applicants:Peter and Janice Steil Relief requested and kocation: Accessory pool with fence enclosure in a yard area other than required rearyard. East End Road Fishers Island Charles Serge James Gerard Joseph 5-2-7.4 Grigonis Doyen Dinizio,Jr.Goehringer Sawicki Resolution made by: Seconded by: ( ) ( ) ( ) ( ) ( ( ) ( ) ( ) ¢ ) ( ) ACTION: ( ) Approve as applied ( ) ( ) Deny as applied ( ) ( ) Deny without prejudice ( ) ( ) Deny ( ) ¥/ithdrawn '6'ithout Prejudice as requested ( ) Approve with the following Conditions: [I] [2] · [ 3] [~] Subject to County Planning Referral Subject to Planning Board approval Subject to D.E.C. [ ] This Variance Special Exception criteria appllcof two years, Prior application conditions applical[ [ ] NOTES: is temporary for a maximum period EXCEPT where the pro3osed subdivision has been finalized by all agencies and the parcels have been transferred by deed or other legal conveyance to reflect the subdivi- sion lines accordingly. a building permit has been properly issued and construction commenced within this limited two-year period. VOTE OF THE BOARD: Ayes: ( ) CG ( ) SD ( ) RD ( ) GG ( ) JS Nays: ( ) CG ( ) SD ( ) RD ( ) GG ( ) JS Abstain: ( ) CG ( ) SD ( ) RD ( ) GG ( ) 3S Absent: ( ) CG ( ) SD ( ) RD ( ) GG ( ) JS Resolution was passed: ( ) unanimously Resolution was not passed: ( ). This application was recessed until ( ) by majority vote APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H, SAWICKI JAMES DINIZIO. JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 5DUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 TRANSCRIPT OF HEARING REGULAR MEETING - JANUARY 12, 1989 SOUTHOLD TOWN BOARD OF APPEALS Appl. ~No. 3~12 PETER AND JANICE STEIL for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory swimmingpool in the frontyard area. Location of Property: East End Road, Fishers Island, NY; County Tax Map District 1000, Section 5, Block 2, Lot 7.4. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr.; and James Dinizio, Jr. {Absent were: Serge Doyen of Fishers Island, due to poor weather conditions and Joseph H. Sawicki (out of state)}. Also present were: Linda Kowalski, Board Secretary, and approximately 35 persons in the audience during the hearing. The Chairman opened the hearing at 8:27 p.m. and read the Legal Notice of Hearing for the record. CHAIRMAN: I have a copy of the site plan and rendering in the file reflecting this particular rather large home on this piece of property in Fishers Island and the proposed pool as indicated in the frontyard area. It appears that the property is fronted on at least two sides, if not a little more than two sides by road, which necessitates this application. We did get a call from the architect and (he was going to fly from Massachusetts to Long Island but) because of poor flying conditions, he did not. And we also had the same situation from our Board Member from Fishers Island, apart from the other situation, and we therefore do not have anybody tonight that is going to officiate at this hearing. So if there is anybody that would like at this site plan, they are very welcome to--just let me know, and you know, we'll recess for a couple of moments. Anybody in the audience? CHAIRMAN: I should mention for the record not only on Fishers Island but you'll see at least one other application before us tonight that has a swimmingpool in the side yard. There are times when these, when because of either topography or the nature of the road require this Board to grant such application. Is there anybody that would like to speak in favor of the application? (No one). Anybody like to speak against the application? (No one). Questions from Board Members. (None) Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. MEMBER GRIGONIS: Second. Vote of the Board: Ayes: ALL. The hearing was declared concluded (closed), pending deliberations and decision at a later time. Respectfully submitted, Linda F. Kowalski, Secretary Southold Town Board of Appeals Southold Town Board of Appeals MAIN ROAD-STATE ROAD ~-5 SOUTHOLD. L.I., N.Y, llgT1 TELEPHONE (516) 765.1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH R. SAWICKI JAMES DINIZIO, JR. 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. 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, GERARD P. GOEHRINGER CHAIRMAN Southold Town Board of Appeals MAIN RDAD-r~TATE RnAD 25 SnUTHnLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ~f',":T J. 3CUCLAC..c :JOSEPH H. SAWlCKI ~I~a~e's -D].n[zlo, Jr. Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of $outho]d, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article II~ Section 100-32 Variance from Determination of $outh~]d Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3~12 Applicant: Peter & Janice Steil Location of Affected Land: East End Road, Fishers Island, County Tax Map Item No.: 1000-5-2-7.4 Within 500 feet of: Town or Village Boundary Line NY Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned State or Federal Park or Land or Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. or Drainage Channel Established Channel COMMENTS: Applicant is requesting permission to construct swirm~ing pool in frontyard area. Copies of Town file and related documen[s er~closed for your review. Dated: January 31, 1989 tr ou o wn Board o ea  MAIN ROAD STATE: I~OAD 25 E~OUTHOLD, L I, N Y 11971 TELEPHONE {516) 7B5 180g APPEALS BOAffiD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI NOTICE OF HEARINGS JAMES DINIZIO, JR. NOTICE IS HEREBY GIVEN, pu~'suant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, JANUARY 4, 1989, at the following times: 7:32 p.m. Appl. No. 3809 - STEPHEN AND DONNA GRZESIK. Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct addition to dwelling with an insufficient rearyard setback. Location of Property: 62215 (309) North Road, Greenport, NY; County Tax Map District 1000, Section 40, Block 1, Lot 3. 7:35 p.m. Appl. No. 3810 ANTHONY AND ROSEMARY BOLLETINO. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory tennis court, swimmingpool, and fence enclosure(s) in the frontyard area. Location of Property: North Side [~16705) Main Road, East Marion, NY; County Tax Map District 1000, Section 23, Block 1, Lot 14.6. Page 3 - Notice of Hearings $outhold Town Board of Appeals Regular Meeting of January 12, 1989 7:53 p.m. Appl. No. 3802 - HOWARD LUCAS/ALICE HUSSIE. Special Exception to the Zoning Ordinance, Article VII, Section 100-70B for permission to establish car dealership (and sign) in this B-1 General Business Zone District. Location of Property: West Side of Horton's Lane, Southold, NY; County Tax Map District 1000, Section 59, Block 3, Lot 32.1. 8:00 p.m. Appl. No. 812 - PETER AND JANICE STEIL.  Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory swimmingpool in the frontyard area. Location of Property. East End Road, Fishers Island, . NY; County Tax Map District 1000, Section 5, Block 2, Lot 7']~ 8:03 p.m. Appl. No. 3815 - ALFRED FALKOWSKI. Variance to the Zoning Ordinance, Article IX, Section 100-93, Bulk Schedule, for permission to locate new principal building in this C-1 General Industrial Zone District with an insufficient frontyard setback. Location of Property: 8595 Cox Lane and South Side of Oregon Road, Cutchogue, NY; County Tax Map District 1000, Section 83, Block 3, Lot 4.6. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN RE}AD- -~TATE RnAD 25 SDUTHE}LD, L.I., N.Y. 1197] TELEPHONE (516) 765 1809 January 26, 1989 Mr. Brinkley S. Thorne Metcalfe & Thorne, Inc. 150 Main Street Northampton, MA 01060 Re: Appl. No. 38~ - Peter and Janice Steil Variance Dear Mr. Thorne: Transmitted herewith for your perusal and file is a copy of the determination recently rendered by the Board of Appeals in the above matter. Copies of this decision have also been furnished to the Building Department Office to update their files. Please be sure to return to the appropriate agencies/departments for other permits which may be necessary. Yours very truly, GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Rudolph H. Bruer, Esq. Office of the Building Inspectors Suffolk County Department of Planning List of Mailing Notice of Hearings for 1/12/89 Southold Town Board of Appeals Copies to the following on or about January 3, 1989: Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY 11958 for Stephen and Donna Grzesik. J. Kevin McLaughlin, Esq., 828 Front Street, Box 803, Greenport, NY 11944, for Anthony and Rosemary Bolletino. Mrs. Doris K. Brow~, ~ox 915, Bergen Avenue, Mattituck, NY 11952 Mr. and Mrs. William E. Park, Jr. 3500 Pine Neck Road, Southold, NY 11971 Mr. and Mrs. Gunther Stotzky 110 Bleecker Street, New York, NY 10012 Mr. Howard Tudisco, Gray Construction Corp. (picked up in person on 1/3/89) Mr. Howard Lucas, 437 Second Avenue, East Northport, NY 11731 (by mail) MS. Terry S. Gingras, Office Manager, for P. & J. Steil Metcalfe and Thorne, Inc., 150 Main Street, Northampton, Massachusetts 01060 ~"~ Mr. Warren A. Sambach, Sr., Box 1033, Cox Lane, Cutchogue, NY 11935 for Alfred Falkowski Rudolph H. Bruer, Esq., Main Road, as Attorney for: R¥ck Koke Doris Price Moeller Foster Joseph and Betty Hardy Southold, NY 11971 Karen J. Stretz, Esq. for William J. Baxter, Jr. Wickham, Wickham & Bressler, P.C., Main Road P.O. Box 1424, Mattituck, NY 11952 Richard F. Lark, Esq. for F.I. Utility Company, Inc. Main Road, Box 973, Cutchogue, NY 11935 Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby)ZBA Office Bulletin Board ZBA Board Members (with file copies) ZBA Individual Files BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or~ the Petition of Peter and Janice Steil : : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a'~arianc~(Special Exception) (Special Permit) (Other) ~ [circle choice] 1. 2. That the property which is the subject of the Petition is located adjacent to your property am:l is des- cribed as follows: r±she:'s Islandr D±str±ct lO00, Section 5r Block 2r T.ot 7.4~ current owner: Peter and Janice Steil. Previous owner: Bagley Reid. 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: Town of Southold, New York 4. ThatbysuchPetition, theundersignedwillrequestthefollowingrelief: 50' setback requirement. A variance to the 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Sectic~ I' '1 Sect. ion 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-3.809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: September 13, 1988 Metcalfe * Thorne,. Inc.-. ~ Petitioner 0wners' Names: Post Office Address Tel. No. (212) 873-8~30 Peter' and Jan[ce .Steil 285 C~n~trai Pa~k ~est New:~o~k', N_ow ~York 10( [Copy of sketch or plan showing proposal to be attached for convenience purposes.] O SENDER: Complete items 1 and 2 when additional Put yoJr fiddress in the "RETURN TO" space on the r, c~ d from being returned to you. The return receipt fe~ ~livered to and the date of delivery. For additional fm postmaster for fees and check box{es) for additional se 1. ~ Show to whom delivered, date, and addressee's = 3. Article Addressed to: Elizabeth C. Noyes 2 Studio Lane~ Brookf~eld, New York 7 6. Signature -- Ag;nt X O SENDER:'complete items 1 and 2 When additional Put you~ address in ~he "RETURN TO" space on the re card from being returned to you. The return receipt fee ~ered to end the date of delivery· For additional fac )ostmaster for fees and check box(es) for additional se~ 1. [] Showtowhom delivered, date, and addressee~sa 3, Article Addressed to: Mary D. S. Ray 1530 Park Avenue Richmond, Virginia 23220 5, Signature -- Addressee ign~ture -- Agel~t ' ~ MASSACHUSETTS STATE OF~T"W-Y~)R'K') ss.: COUNTY OF~Id-F'FOL-K) HAMPSHIRE PROOF OF MAILING. OF NOTICE ~ SENDER: Complete items I and 2 when additional services are desired, and complete items 3 and 4, PUt your addre~ in the "RETURN TO" space on the reverse side. Failure to do this will prevent this C~d from be ng returned to you, The return receipt fee will provide you the name of the person de|iyered to and the date of deliVery. For additional fees the following services are available. Consult ~tmaster for feec and check box(esl for additional service(s) requested. 1. ~] Show to whom delivered, date, and addressee's address. 2. [] Restricted Delivery. 3. Article AddressscVto:" 4, Article Number Massaco Corp. P-525 336 173 c/o Nancy Newman Typeo~Sewi~,: Apt 6A - 1619 3rd A venue .~.Registered ~[') ~ Insured New York New York 10128 4T~.~,Certifled ~ U COD , U Expte~s Mail Always obtain signature of addressee or agent and DATE DELIVERED. E.~le~g'~,~ddre~ 8. Addressee s Address (~NL r :f ~ SENDER: Complete items 1 and 2 when addlt one serv ces are desired, and complete items 3 and 4 Put your'ad'dress in the "RETURN TO" space on the reverse side. Failure to do this wiU prevent this car~2 from being returned to you. The return receipt fee wiU provide you the name of the person ~i~ered to and the date of delivery. For additional fees the following services are available. ConslJIt [~ostmaster for fees and check box(esl for eddltional service(s) requested. 1. [~ Show to whom delivered, date, and addressee's address. 2. [] Restricted Delivery. 3. Article Addressed to: 4. Article Number C P-625 336 186 Robert J. Newma[~ Type of Service: Rim Ran' [~ Registered [] Insured RSD #1 Box ~15~Certified []COD Esmond, Virginia 22937 Express Mall Always obtain signature of addressee or I agent and DATE DELIVERED. 5. Sig n~tOire -- Add ressee~,_ 8. Addressee's Address (ON[. ¥ if' 6X. Sign!tu~II 'L,~,e requestedandfeepaidJ X 7. Date of Delivery 'orm 3811, Feb. 1986 DOMESTIC RETURN RECEIPT Thorne, I~0 Main Street¢ Northampton, Brinkle¥ S. Thorne for Metcalfe *, rcsiding at - Massachusetts 01060 , being duly sworn, deposes and says that on the 13 day of September ,19 88 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Northampton, Massachusetts : that said Notices were mailed to each of said persons by (certifi¢~J)(r. stered) mai'.__ ~: : ~ Sworn to before me this 25th day of ' Oc+;ober ,19 ~6 Terry~S. Gingras ,~j/._.~//~~/ Notary Public My commission expires December 9, 1994. (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of Peter and Janice Steil to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it i,~ the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a V(~ianc~ (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property an~-is des- cribed as follows: Fisher's Island, District 1000, Section 5, Block 2, Lot 7.4, current owner: Peter and Janice Steil. Previous owner: Bagley Reid 3. That the property which is the subject of such Petition is located in the following zoning district: Town of Southold, New York 4 That b,~ such Petition, the undersigned will request the following relief: The ability to locate an inground pool 20' x 50' directly adjacent to the house and 40' away from the western ~erty line. The pool will be surrounded by a 4' hiqh fence and planting with closers on all the gates. The existing hedge row along the o '11 b.e ad o the 'nt 'on ' o m i n 'va afety. signed are Article 3 Section Accessory Building [ ] Section 280-A, New York Town Law for approval of access over ri§ht(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: November 28, 1988 Metcalfe * Thorne, Inc. Petitioner Owners'Names: Peter and Janice Steil Post Office Address 285 Central Park West New York, New York 10024 Tel. No. ~ 212) 873-8930 [Copy of sketch or plan showing purposes.] proposal to be attached for convenience PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS [0 SENDER: Complete items 1 and 2 when additional se~ices ere desired, and complete items 3 and 4 Put your address in the "RETURN TO" space on the reverse side. Failure to do this will prevent this card Jrom being returned to you. The return receipt fee will provide you the name of the rson delivered to end the date of delivery. For =GG;iionel fees the following services are avaiteb e~. Consult po~master for fees and check box (es) for additional service(s) requested. 1. ~Show to whom delivered, date, and addressee's address. 2. [] Restricted Delivery. ~icle AGdi~raaud to: J 4. Article Number Mary D.S. Ray P-525 336 177 1530 Park Avenue I '~p. ofservic.: Richmond, Virginia i~ei~ed B~r~red 6. Sigr~ture - Agent 'x 7. ~)ete of Delivery 0 SENDER: Complete items I and 2 when addi put your address in the "RETURN TO" space o~ ¢artl fr~m beihg returned to you. The return mci dellvere~ to and the date of delive~ I~tm~ter for fe~ and check box(es) for addltlc 1. ~;~Show to Whom delivered, date, and addre, 3. Article Addre~ed-to: ' Mr. Robert J. Newman ~Rim Ran Da~ of Del~W ~ Hampshire Brinkley S. Thorne Massachusetts 0106 of November 23220  ; Complete item~ 1 and 2 when additional services are desired and Comp eta item~ 3 and J Put yo, ); dree~ in the "RETURN TO" snece on +k ....... ~ ~ ~_c_~.,. _~?~." oelng returned to you._The raturn receipt fee will orovide you the ..... ~ J ouu?eretl to and the date of delivery. For a~;;iional fees the'fnllnwin'~ ~ I po?_n~ .a~ter for f<ees .nd check box (es) for additionel es~;l~];}-~;~e~:--,Ceo are I ,a. ~r~mm ~ t : J 4. Artlcl~ Numbe~ ' r . ! Ms.' Elizabeth C. Noyes J, P 927 241_.481 . ~ 2 Studio Lane Type of S~ice: I ookfleld, New Yor~-~ . ~. [~R~,~ered ff] ,sumd ./ -~ ~ ~ uertifled LI COD / 10708 ~ ~K)~ ~ SENDEr: ~mpl~e items 1 a,d 2 when additio,al ~i~ a~ desire, and complete items 3 a~ c3~ 5.'o~ being ~rn~ to you./he r~urn r~eipl f~ will o~vi~ you the name of the I.. ~ Show to whom deliver~, date, and ~dre~e's addr~. 2. ~ ~estrict~ Deli~w. ~assaco Corp. ~ P-525 336 182 QJo Nancy Ne~an ' Tv~ofSe~i~e: ~. 6A, 1619 3rd Avenue ~ R~l~e~ New York, New York 10128 e~ifi~ ~ Fora ~11,~b. 198~/ '~ DOMESTIC RETURN RECEIP' verse side hereof, directed to ................ names; that the addresses set opposite the names of said persons are the addresse~ of ~aid person~ as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post rice at Northampton, Massachusetts ; that said Nolices were mailed to each of said persons by (certified) (registered) mail, 2 ~:~h Sworn to before me this day of No~ember . 19 88 Notary Public My commission expires December 9, 1994 (This side does not have to be completed on form transmitted to adjoining property owners.) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: December 9, 1988 Transmitted herewith is Zonin§ Appeal NO.31~12 Metcalfe Thorne, Inc. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 · application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; I~/tter relative to NYS Tidal Wetlands Land Use; Notice,of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk EAST HARBOR $0O~O